Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 10/22/2019 
Agenda Category:CONSENT RESOLUTION

Subject: 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING THE RELEASE OF UNSAFE BUILDING ABATEMENT ADMINISTRATIVE ACTION AND ORDERS FROM OFFICIAL RECORDS AND APPROVING THE RESTATED UNSAFE BUILDING ABATEMENT ORDER, ASSIGNMENT AND ASSUMPTION REGARDING THE UNSAFE BUILDING ABATEMENT CASE ASSOCIATED WITH  THE REAL PROPERTY ADDRESSED AS 1555 DR. MARTIN LUTHER KING JR. BLVD., PARCEL CONTROL NUMBER 56-43-42-32-06-000-0090, COMMONLY KNOWN AS THE STONYBROOK APARTMENTS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AFOREMENTIONED DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.


Recommendation/Motion: 

City Attorney recommends approval of the release of unsafe building abatement administrative actions and orders from official records and approval of the restated unsafe building abatement order, assignment and assumption associated with the real property addressed as 1555 Dr. Martin Luther King, Jr., Blvd. commonly known as the Stonybrook Apartments. 


Originating Dept City Attorney  Costs  
User Dept. Funding Source
AdvertisedNo Budget Account Number
Date   
Paper   
Affected PartiesNot Required   

Background/Summary: 

In August 2018, pursuant to Section 22-35 of the City’s Code of Ordinances, the City commenced an Unsafe Building Abatement case against the property commonly known as Stonybrook Apartments located at 1555 Dr. Martin Luther King, Jr, Blvd., Riviera Beach, Florida, parcel control number 56-43- 42-32-06-000-0090.

 

Further, pursuant to Section 22-35 of the City’s Code of Ordinances, the City recorded a Notice of Pending Administrative Action and Notice of Violation-Unsafe Building, Structure or Property in the Official Records in and for Palm Beach County, Florida.  The then owner of Stonybrook Apartments, GMF-Stonybrook, LLC, through its agent, Millennia Housing Management, Ltd., LLC, consented on August 29, 2018 during the City’s Unsafe Building Abatement Special Magistrate hearing to the Unsafe Building and Abatement Order, which addressed the use and restriction of identified units at Stonybrook Apartments.

 

On October 16, 2018, the City’s Unsafe Building Abatement Special Magistrate entered a Supplemental Order, which GMF-Stonybrook, LLC, through its agent, Millennia Housing Management, Ltd., LLC, consented to and which further addressed the use and restriction of identified units at Stonybrook Apartments.

 

The City recorded the Special Magistrate’s Unsafe Building and Abatement Order and Supplemental Order in the Official Records in and for Palm Beach County, Florida.  On January 17, 2019 and January 29, 2019, the City’s Unsafe Building Abatement Special Magistrate entered the Second and Third Supplemental Orders, which GMF-Stonybrook, LLC, through its agent, Millennia Housing Management, Ltd., LLC, consented to and which further addressed the use and restriction of identified units at Stonybrook Apartments.

 

Stonybrook FL, LLC, is now the owner of Stonybrook Apartments and has requested that the recorded Notice of Pending Administrative Action, Notice of Violation, and the Special Magistrate’s Unsafe Building and Abatement Order and Supplemental Order be released of record from the Official Records in order to obtain financing to redevelop Stonybrook Apartments and transfer ownership to Azure Estates, FL TC, LP, a Florida limited partnership (“Azure Estates”).

 

The release of record requested by Stonybrook FL, LLC, for the recorded

Notice of Pending Administrative Action, Notice of Violation, and Special Magistrate’s Unsafe Building and Abatement Order and Supplemental Order is attached to the Resolution as Exhibit “A” (Notice of Release of Unsafe Building Abatement Order of Record).

 

Azure Estates has agreed to assume all of Stonybrook FL, LLC’s stipulated agreements and obligations as set forth in the Special Magistrate’s Unsafe Building and Abatement Order and Supplemental Order and the Second and Third Supplemental Orders and perform the same as stated in the Restated Unsafe Building Abatement Order, Assignment and Assumption, which is attached to this Resolution as Exhibit “B”.

 

The City Council desires to approve the Notice of Release of Unsafe Building Abatement Order of Record (Exhibit “A”) and Restated Unsafe Building Abatement Order, Assignment and Assumption (Exhibit “B”), and finds there is a valid public purpose for the same.

 
Fiscal Years
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External Revenues
Program Income (city)
In-kind Match (city) 
Net Fiscal Impact
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(cumulative)

III. Review Comments

A. Finance Department Comments:
 
B. Purchasing/Intergovernmental Relations/Grants Comments:
 
C. Department Director Review:
Contract Start Date 
Contract End Date
Renewal Start Date
Renewal End Date
Number of 12 month terms this renewal
Dollar Amount
Contractor Company Name
Contractor Contact
Contractor Address
Contractor Phone Number
Contractor Email
Type of Contract
Describe
ATTACHMENTS:
File NameDescriptionUpload DateType
Resolution_approving_Unsafe_Building_Abatement_orders_10.14.2019_CG_version.docxResolution Approving the Release of Unsafe Building Abatement Administrative Action and Orders 10/15/2019Cover Memo
FINAL_Notice_of_Release_of_Unsafe_Building_Abatement_Order_10.14.2019.docxNotice of Release of Unsafe Building Abatement Order of Record10/15/2019Cover Memo
FINAL_Restated_Unsafe_Building_Abatement_Adm_action_and_orders_10.14.2019.docxRestated Unsafe Building Abatement Order, Assignment, and Assumption10/15/2019Cover Memo
REVIEWERS:
DepartmentReviewerActionDate
AttorneyWynn, DawnApproved10/15/2019 - 4:07 PM
PurchasingAnswererApproved10/16/2019 - 6:43 AM
FinanceReynolds, NydiaApproved10/16/2019 - 6:12 PM
AttorneyJacobs, DeirdreApproved10/16/2019 - 6:56 PM
City ClerkJacobs, DeirdreApproved10/16/2019 - 6:56 PM
City ManagerJacobs, DeirdreApproved10/16/2019 - 6:56 PM