HomeMy WebLinkAboutR-00-0354J-00-319
4/3/00
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RESOLUTION NO. 5 4
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ACCEPT 30% OF
THE PROCEEDS OF THE SALE OF PROPERTY LOCATED
AT: 14590-92 SOUTHWEST 264 STREET, 26431-33
SOUTHWEST 146 COURT AND 26421-23 SOUTHWEST
146 COURT, NARANJA, FLORIDA, AND TO EXECUTE
ALL NECESSARY DOCUMENT(S), IN A FORM
,ACCEPTABLE TO THE CITY ATTORNEY, FOR FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY, FOR THE CASE CITY
NATIONAL. BANK VS. CHRISTIAN COMMUNITY
SERVICES AGENCY, IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA, CASE NO.98-1891
CA (01) .
WHEREAS, the City of Miami as the administrator of Housing
Opportunities for People with AIDS Program (hereinafter "HOPWA")
awarded funds in the form of a grant to the Christian Community
Service Agency ("CCSA") to provide affordable housing to persons
with aids and related disease.
WHEREAS, the CCSA obtained property located at 14590-92
Southwest 264 Street, 26431-33 Southwest 146 Court and 26421-23
Southwest 146 Court, Naranja, Florida; and
WHEREAS, the property was obtained by a Deed which was
is jsjs t'ed to CCSA with a Deed Restriction in favor of the City of
Miami ("CITY") on the property which provided that in the event
that the property was no longer used for affordable housing for
CITY COMMIgMON'..
METING OF,
APC 2 7 2000
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persons with AIDS and AIDS related diseases, the property would
revert to the City; and
WHEREAS, CCSA obtained a first mortgage on the property
through City National Bank and defaulted on its mortgage; and
WHEREAS, the City National Bank, filed a lawsuit against
CCSA, various tenants, and the City of Miami to foreclose on the
mortgage on the property located in Naranja in the Circuit Court
of the Eleventh Judicial District, Case No. 98-1891 CA (01), in
Miami, Miami -Dade County, Florida; and
WHEREAS, the City was named as a defendant in the lawsuit by
virtue of its interest in the property, more specifically, the
deed restriction; and
WHEREAS, various tenants, filed a cross-claim against the
City in the same action alleging the City violated their civil
rights pursuant to 42 U.S.C. §1983; and
WHEREAS, a settlement has been reached wherein City National
Bank will complete the foreclosure action to extinguish the
City's deed restriction and obtain the property at the
foreclosure sale; and
WHEREAS, the City will accept 30% of the proceeds in the
sale of the subject property on the secondary market; and
WHEREAS, the tenants will dismiss the lawsuit with prejudice
against the City and the City will continue to provide benefits
permissible under the City of Miami's HOPWA Program;
Page 2 of 4
Y
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized" to
accept 30% of the proceeds of the sale of property located at
14590-92 Southwest 264 Street, 26431-33 Southwest 146 Court and
26421-23 Southwest 146 Court, Naranja, Florida, and to execute
all necessary document(s), in a form acceptable to the City
Attorney, for full and complete settlement of any and all claims
and demands against the City, for the case, City National Bank
vs. Christian Community Services Agency, in the Circuit Court of
the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida, Case No. 98-1891 CA (01).
�i 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 City Charter and Code
provisions.
Page 3 of 4
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Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor2/.
PASSED AND ADOPTED this 27th day of April , 2000.
JOE CAROLLO, MAYOR
in accordance with Miami Code Sec. 2-36, since the Mayor did not f
s Legislation by signing it in the designated place provided, -;Od lard«
,becarn€;s effective with the elapse of ten day; rom t ' ate of Carrirn
reW&g same, without the May ex e cisin eto.
ATTEST: alter J an, City Clerk
WALTER J. FOEMAN
CITY CLERK
=DR
C ATTORNEY
W4284:DDR:RCL
ANDRRECTNESS:t
2i 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
CITY OF MIAMI •
CITY ATTORNEY'S OFFICE 18
MEMORANDi4M
TO: Honorable Mayor and Membe f Ci Commission
FROM: Alejandro Vilarello, City orn
DATE: April 17, 2000
RE: Proposed Resolution -Ci ommission Meeting of April 27, 2000
Approval of settleme in City National Bank v. Christian Community
Services, Inc., City o iami, et al
Case No. 98-1891 A 01 (J-00-319).
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami in the above -referenced case. The Settlement Committee of the
City Attorney's Office and the Department of Community Development have investigated
and evaluated this case and have approved the recommendation of this settlement.
The case involves competing interests in a property located in Naranja. The City
currently has an interest in the property via a deed restriction. City National Bank has a
mortgage on the property. It is in the City's best interest to attempt to resolve the matter
regarding control of the property expeditiously so that the property can be sold for its highest
value. The value of the property is rapidly decreasing and prolonged litigation would
severely hinder the amount of financial return to the City. Upon sale of the property, the
City will receive 30% of the proceeds.
W20:DDR:rc1
c: Donald H. Warshaw, City Manager
Walter J. Foeman, City Clerk
Elvi Alonso, Agenda Coordinator
On