HomeMy WebLinkAboutR-03-0510J-03-458
5/14/03
RESOLUTION NO. 03— 5 1 0
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING A SETTLEMENT, IN THE AMOUNT OF
$280,000, IN PARTIAL SETTLEMENT OF THE CITY
OF MIAMI'S CLAIMS AND DEMANDS FOR THE CASE
OF CITY OF MIAMI VS. THE URBAN LEAGUE OF
GREATER MIAMI, INC., ET AL. IN THE CIRCUIT
COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE
NO. 02-10714 CA (30) AND IN FULL SETTLEMENT
OF THE CLAIMS AND DEMANDS AGAINST THE CITY
OF MIAMI FOR THE CASE OF SUNTRUST BANK OF
MIAMI, N.A. VS. CITY OF MIAMI, IN THE
ELEVENTH JUDICIAL CIRCUIT COURT FOR MIAMI-
DADE COUNTY, CASE NO. 00-26113 CA (27) ,
PURSUANT TO THE TERMS OF A SETTLEMENT
AGREEMENT; AND DIRECTING THE CITY MANAGER TO
EXECUTE THE SETTLEMENT AGREEMENT AND ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, TO EFFECTUATE THE
SETTLEMENT.
WHEREAS, the City of Miami made a loan to the Urban League
of Greater Miami, Inc. pursuant to the Community Development
Block Grant Multi -family Housing Loan Program; and
WHEREAS, the Urban League of Greater Miami, Inc. has been
in default of its loan obligations since September 1, 1997; and
WHEREAS, the City of Miami filed a claim and lawsuit
against the Urban League of Greater Miami, Inc., DWBJ Corp.,
William D. Bailey, Jr. Pension Plan and other parties in a case
C= COMMISSION
MEETING OF
ISA. ` "93
Resolution No.
03- 5101,
captioned City of Miami vs. The Urban League of Greater Miami,
Inc., et al. in the Circuit Court of the Eleventh Judicial
Circuit, Case No. 02-10714 CA (30), in Miami -Dade County,
Florida ("the foreclosure action"); and
WHEREAS, the current owners of three parcels involved in
the foreclosure action, DWBJ Corp. and William D. Bailey, Jr.
Pension Plan, as well as Suntrust Bank, N.A. for itself and as
successor in interest to Suntrust Bank Miami, N.A., Kasalta
Miramar, Inc., a Florida corporation, Kipnis Tescher Lippman &
Valinsky, Alan G. Kipnis, Esq., Lawyers Title Insurance Company,
a Virginia corporation, Ticor Title Insurance Company, a
California corporation and Florida Lawyers Mutual Insurance
Company, a Florida corporation, wish to settle the City's claims
against the three parcels owned by DWBJ Corp. and William D.
Bailey, Jr. Pension Plan in the foreclosure action, as well as
to settle a re -foreclosure action filed by SunTrust Bank of
Miami, N.A. captioned SunTrust Bank of Miami, N.A. v. City of
Miami, in the Eleventh Judicial Circuit Court for Miami -Dade
County, Case No. 00-26113 CA (27) ("the re -foreclosure action");
and
WHEREAS, the settlement offer for the payment of $280,000
to the City of Miami, pursuant to the terms more fully set forth
in the Settlement Agreement, has been evaluated, approved and
accepted by the City of Miami Department of Community
Page 2 of 4
Development and the City of Miami Housing and Commercial Loan
Committee;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. A settlement, in the amount of $280,000, in
partial settlement of the City of Miami's claims and demands for
the case of City of Miami vs. The Urban League of Greater Miami,
Inc., et al. in the Circuit Court of The Eleventh Judicial
Circuit in and for Miami -Dade County, Florida, Case No. 02-10714
CA (30) and in full settlement of the claims and demands against
the City of Miami for the case of Suntrust Bank of Miami, N.A.
vs. City of Miami, in The Eleventh Judicial Circuit Court for
Miami -Dade County, Case No. 00-26113 CA (27), pursuant to the
terms of a Settlement Agreement, is accepted.
Page 3 of 4
Section 3. The City Manager is authorized -11 to execute
the Settlement Agreement and all necessary documents, in a form
acceptable to the City Attorney, to effectuate the Settlement.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor Y
PASSED AND ADOPTED this 22nd day of May , 2003.
MANUEL A. DIAZ, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing in the designated plc provided, said 1?gidation now
becomes effective with
ar exercising a voterom tthe date of commission action
regarding same, w t the Myo
ATTEST:
P cilla A. Thompson, City Cerk
PRISCILLA A. THOMPSON
CITY CLER
APPRD A TO M AND CORRECTNESS -t/
400 00000%
FfJOFANDRO VILARELLO151
TY ATTORNEY
W7249:MJS:BSS
1� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
provisions of the City Charter and Code.
zi If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the
City Commission.
Page 4 of 4
03-- 510
CA -8
CITY OF MIAMI
CITY ATTORNEY'S OFFICr,
MEMORANDUM
TO: Mayor and Members ofoffefVy Commission
FROM: Alejandro
DATE: May 14,200
RE: Proposed of ti for City Commission Meeting — May 22, 2003
Accepting a P al Settlement for the case of City of Miami vs. The
Urban League of Greater Miami, Inc., et al. Miami -Dade County, Florida
Case No. 02-10714 CA (30) and a Full Settlement for the case of Suntrust
Bank of Miami, N.A. v. City of Miami, Miami -Dade County, Florida Case
No. 00-26113 CA (27) (J-03-458)
The attached proposed Resolution accepts a settlement in the amount of $280,000 in
partial settlement of the claims and demands of the City of Miami in the case of City of Miami
vs. The Urban League of Greater Miami, Inc., et al. Miami -Dade County, Florida Case No. 02-
10714 CA (30) ("the City's foreclosure action") and in full settlement of the claims and demands
against the City of Miami in the case of Suntrust Bank of Miami, N.A. v. City of Miami, Miami -
Dade County, Florida Case No. 00-26113 CA (27).
A loan was given to the Urban League of Greater Miami, Inc. ("the Urban League") by
the City of Miami pursuant to the Community Development Block Grant Multi -family Housing
Loan Program, which loan has been in default since September 1, 1997. Subsequently, the City
filed a foreclosure action to collect on the delinquent loan.
The four parcels which serve as collateral for the City's loan are no longer owned by the
Urban League. The current owners of three of the four parcels involved in the City's foreclosure
action and the title insurance companies involved wish to settle the City's claims as against those
three parcels and a re -foreclosure action which was filed against the City regarding the same
three parcels. The current owners of those three parcels and the title insurance companies
involved will pay the City $280,000, pursuant to the terms more fully set forth in a Settlement
Agreement.
The partial settlement of the City's foreclosure action does not involve or include the
fourth parcel of collateral or the Urban League, against whom the City's pending foreclosure
action and collection efforts will continue.
The Department of Community Development and the City of Miami Housing and
Commercial Loan Committee have approved acceptance of the settlement as recommended by
this Office.
W881:tr:BSS:MJS
Attachment
c: Joe Arriola, City Manager