HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #13406
Date: 01/27/2023
Commission Meeting Date: 01/26/2023
Type: Resolution
Subject: Settlement - 1010 SW 10th Ave
Budget Impact Analysis
Total Fiscal Impact:
City Commission
Legislative Division
Office of the City Attorney
Office of Management and Budget
Office of the City Attorney
Office of the City Clerk
Maricarmen Lopez
Valentin J Alvarez
Deanna Rasco
Marie Gouin
Victoria Mendez
City Clerk's Office
Requesting Department: City Commission
Sponsored By:
District Impacted: All
Reviewed B
Meeting
Legislative Division Review
ACA Review
Budget Review
Approved Form and Correctness
Rendered
Completed
Completed
Completed
Completed
Completed
Completed
01/26/2023 9:00 AM
02/10/2023 10:01 AM
02/13/2023 11:38 AM
02/13/2023 2:42 PM
04/04/2023 10:12 AM
04/04/2023 3:30 PM
City of Miami
Legislation
Resolution
Enactment Number: R-23-0066
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13406 Final Action Date:1/26/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A SETTLEMENT
AGREEMENT ("SETTLEMENT") BETWEEN CITY OF MIAMI AND THE HEIRS OF
HAYDEE PEREZ, ETAL., CASE NO. 2019-030891-CA-01, PENDING BEFORE THE
CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, PROVIDING, AMONG OTHER TERMS, THAT THE HEIRS WILL
PROBATE THE MATTER AND PAY THE SPECIAL ASSESSMENTS, COURT COSTS,
AND ATTORNEY FEES IN THE AMOUNT OF $51,019.54 AND THE MITIGATED
AMOUNT OF $141,501.19 UPON THE SALE OF THE PROPERTY AND THAT
FAILURE TO PROBATE, SELL AND PAY THE LIENS SHALL CAUSE THE ORIGINAL
LIEN AMOUNTS TO BE REINSTATED AND THE CIVIL ACTION TO PROCEED;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AND ANY
AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT.
WHEREAS, pursuant to Resolution No. R-23-0058, adopted on January 26, 2023, the
City Commission ordered that the following: Case Number CE2020015082 recorded on
October 28, 2020 in Official Records Book 32171 at Page 2265 of Miami -Dade County in the
amount of $138,250.00, Case Number CE2010005945 recorded on October 13, 2020 in Official
Records Book 27451 at Page 2990 in the amount of $394,750.00, and Case Number
CE2015015087 recorded on August 16, 2015 in Official Records Book 30192 at Page 4129 of
Miami -Dade County in the amount of $860,000.00 to be mitigated for a total of $141,501.19;
and
WHEREAS, the code enforcement cases against the property located at 1010
Southwest 10th Avenue Miami, Florida 33142 were mitigated for a total amount of $141,501.19;
and
WHEREAS, the mitigation was contingent upon the property owner paying the amount of
$51,019.54, for court costs, attorney fees, interest and for full and satisfaction of the following
liens: US5001354, LCL0019488, LCL0000074, LCL1013510, LCL8011617, LCL9014761,
LCL1020750, LCL4002602, LCL4016625, and LCL7012597; and
WHEREAS, the cases were mitigated on behalf of the Estate of Haydee Perez for a total
amount of $192,520.73, less $111,000.00 which was previously credit pursuant to the tax deed
sale, shall be paid; and
WHEREAS, the parties desire to enter into an Settlement Agreement ("Settlement")
providing the terms under which Resolution No. R-23-0058, adopted on January 26, 2023, will
be complied with; and
WHEREAS, the Settlement provides, among other terms, that payment shall be made by
a party with the legal authority to do so, upon the filing of the Probate Matter of the Estate of
Haydee Perez, at the time of closing; and that the original lien amounts shall be reinstated if
payment is not received timely; and
WHEREAS, the Office of the City Attorney has investigated this claim, prosecuted this
lawsuit, and recommends that said settlement be approved;
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 is fully set forth in this Section.
Section 2. The City Manager is authorized' to negotiate and execute the above
described settlement, providing the terms by which the parties will comply with Resolution No.
R-23-0058.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
other necessary documents, all in a form acceptable to the City Attorney, to effectuate the
settlement.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 4/4/2023
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.