HomeMy WebLinkAboutR-2003-262 Agr South Broward Hospital RESOLUTION NO. 2003-262
A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING AN AGREEMENT BETWEEN AND
AMONG CITY OF DANIA BEACH, SOUTH BROWARD
HOSPITAL DISTRICT AND ESTATE OF EVERARD
WALKER, REGARDING SALE OF REAL PROPERTY
LEGALLY DESCRIBED AS LOTS 5, 6, 7, 8, 9, and
10 of McKENZIE EYSTER ADDITION, AS RECORDED
IN PLAT BOOK 8, PAGE 9, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA;
PROVIDING FOR PAYMENT OF EXPENSES AND
DIVISION OF NET PROCEEDS BETWEEN AND AMONG
CITY OF DANIA BEACH, SOUTH BROWARD HOSPITAL
DISTRICT AND ESTATE OF EVERARD WALKER;
PROVIDING FOR CONFLICTS, FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach acquired title to Lots 5, 6,
7, 8, 9, and 10, of McKENZIE EYSTER ADDITION, according to the Plat
thereof, as recorded in Plat Book 8, Page 9, of the Public Records
of Broward County, Florida a/k/a 1500 Block of South Dixie Highway,
Dania Beach, Florida, through foreclosure or enforcement of code
enforcement liens against the subject property; and
WHEREAS, the subject property was acquired by the City of
Dania Beach subject to a preexisting mortgage in favor of the
Estate of Everard Walker a/k/a Everald Walker, and also subject to
a final judgment in favor of South Broward Hospital District and
against Marcia Walker and Hubert H. Smith; and
WHEREAS, the City of Dania Beach, South Broward Hospital
District, and Estate of Everard Walker seek agreement between the
three parties regarding sale of the real property and division of
the net sales proceeds between the three parties; and
I RESOLUTION NO. 2003-262
WHEREAS, South Broward Hospital District and Estate of Everard
. Walker have executed an Agreement dated September 29, 2003,
providing for the terms of sale of the subject property and
division of the proceeds between the three parties, which Agreement
is attached to this Resolution and marked Exhibit "A" .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA;
Section 1 . That the City of Dania Beach does hereby approve
the terms and conditions of that certain Agreement between and
among City of Dania Beach, South Broward Hospital District and
Estate of Everard Walker dated September 29, 2003, which Agreement
is attached to this Resolution and marked Exhibit "A" .
Section 2 . That the City' s Special Counsel, Timothy M. Ryan,
is authorized to execute the attached Agreement for and on behalf
of the City of Dania Beach.
Section 3 . That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed to the extent
of such conflict .
Section 4 . That this Resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS 25TH DAY OF NOVEMBER, 2003.
B ANTO
MAYOR COMMISSIONER
2 RESOLUTION NO. 2003-262
• AT ST • ROLL CALL:
COMMISSIONER CHUNN - YES
COMMISSIONER FLURY - YES
CH R NE JO N ON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR MCELYEA - YES
MAYOR ANTON - YES
APPROVED AS TO FO M AND CORRECTNESS :
BY: -� -,\- A- d N
THO A • S O
i
CITY �ATTO NEY
3 RESOLUTION NO. 2003-262
LAW OFFICES
RYAN & RYAN, LLC
THIRD FLOOR
700 EAST DANIA BEACH BOULEVARD �
DANIA BEACH, FLORIDA 33004-3090
ARCHIE J. RYAN III
TIMOTHY M. RYAN TELEPHONE(954)920-2921
CHRISTOPHER J. RYAN' FACSIMILE(954)921-1247
JOSHUA S. PINSKY
"Board Certified City,
County and Local
Government Lawyer
November 6 , 2003
Ms . Charlene Johnson
City Clerk
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Re : Resolution approving tri-party agreement and
Resolution declaration surplus property
Legal Description: Lots 5, 6, 7 , 8 , 9 and 10
McKENZIE EYSTER ADDITION
Property Address 1500 Block, South Dixie
Highway, Dania Beach
Our File Number 18847D
Dear Ms . Johnson:
In connection with the above referenced vacant property titled
in the name of the City of Dania Beach, enclosed is a resolution
declaring the property surplus and a resolution approving the
distribution of net proceeds between the City, South Broward
Hospital District and Estate of Everard Walker.
The first resolution approves the agreement between and among
the City of Dania Beach, South Broward Hospital District and Estate
of Everard Walker, regarding sale of the property and division of
proceeds between the three parties . The City Commission by
resolution approved a settlement between the three parties on
February 13 , 1996 . This settlement agreement related to the four
lots identified as Lots 7 , 8 , 9 , and 10 of McKENZIE EYSTER
ADDITION. A copy of the minutes of the February 13 , 1996 City
Commission meeting and the Certificate of Title from the Broward
County Circuit Court dated January 18 , 1989, are enclosed.
The City acquired title to Lots 5 and 6 of McKENZIE EYSTER
• ADDITION by execution on a Final Judgment which was assigned to the
City by the South Broward Hospital District . The City agreed to
take assignment of the Hospital District ' s Final Judgment, execute
Ms . Charlene Johnson November 6, 2003
City of Dania Beach Page Two
on the Final Judgment to acquire title to Lots 5 and 6 and
subsequently assign the Final Judgment back to the Hospital
District . With regard to Lots 5 and 6, I enclose a copy of the
minutes of the City Commission' s June 10, 1997 meeting, a copy of
:Resolution 88-97 approving the Assignment of Final Judgment from
the City to South Broward Hospital District, a copy of the
unrecorded Assignment of Final Judgment from the City to South
Broward Hospital District , correspondence from my office dated
April 18 , 1997 , correspondence from the Hospital District ' s
attorney, Jerome Schechter, . dated April 24 , 1997 , the recorded
Assignment of Final Judgment from the Hospital District to the City
of Dania Beach and the Sheriff' s Deed recorded September 29, 1997 .
The second Resolution declares the vacant lots to be surplus
property, authorizes the City Manager to list the property for sale
with a local real estate broker and authorizes the City Manager to
enter into a contract for sale of the property, subject to approval
by the City Commission.
In reference to the second Resolution, enclosed is a copy of
the survey for this property and the appraisal report of Bruce
Ownby with an appraised value of $104 , 000, as of October 23 , 2003 .
I would appreciate you placing these resolutions on the City
Commission agenda for Tuesday, November 25 , 2003 . The resolution
approving the tri-party agreement must precede the resolution
declaring the lots as surplus property. I will be present at the
City Commission meeting and available to discuss this matter with
the Commission.
ery ruly urs,
TIM HY M. RYAN
TMR/rl
Encl .
cc : Ivan Pato
City Manager
g
®IP
AGREEMENT
i
THE PARTIES HERETO being SOUTH BROWARD HOSPITAL DISTRICT d/b/a
MEMORIAL HOSPITAL (hereinafter referred to as "HOSPITAL" ) , CITY OF
DANIA BEACH (hereinafter referred to as "CITY" ) , and ESTATE OF
EVERARD WALKER a/k/a EVERALD G. WALKER (hereinafter referred to as
"WALKER ESTATE") do hereby state as follows :
A. The . property that is the subject hereof is legally
described as follows :
Lots 5, 6, 7, 8, 9 and 10 of McKENZIE EYSTER ADDITION,
according to the plat thereof, as recorded in Plat Book
8 at Page 9 of the Public Records of Broward County,
Florida; said lands situate, lying and being in Broward
County, Florida.
B. The subject property is titled in the name of CITY
according to the Public Records of Broward County, Florida.
C. The subject property, situate within the City of Dania
Beach, was subject to various Code Enforcement Liens of CITY
against the then owner of record, Hubert H. Smith. The liens
against Lots 7, 8 , 9 and 10 were subject to a foreclosure suit
brought by CITY which became title holder of said 7, 8, 9 and 10 by
Certificate of Title dated November 18 , 1989 and recorded in
Official Records Book 16124 at Page 462 of the Public Records of
Broward County, Florida .
D. At the time of the foreclosure of the Code Enforcement
Lien wherein CITY became entitled on the property, the only prior
rights with respect to the property existed with respect to the
' •
Walker mortgage described below and that certain final judgment in
DX
HIBIT j
f
favor of HOSPITAL.
E . A suit by a mortgage holder, Alice Jacobs, was brought
against CITY and other parties to foreclose a mortgage on Lots 7,
8 , 9, and 10 . The rights under that mortgage were assigned to
Everard Walker (hereinafter "Walker mortgage" ) . A judgment in the
Walker mortgage foreclosure was entered and Everard Walker became
titleholder to the property at the subsequent foreclosure sale .
The judgment and sale were subsequently vacated by the Circuit
Court .
F. The Walker mortgage foreclosure was ultimately dismissed
for lack of prosecution. A subsequent lawsuit filed by Everard
Walker for foreclosure was also dismissed for lack of prosecution.
G. During the pendency of the second foreclosure of the
Walker, mortgage, the parties, including Everard Walker, entered
into an agreement whereby Lots 7,, 8, 9 and 10 would be sold and the
proceeds distributed pursuant to a formula set forth in those
certain letters attached hereto dated November 2 , 1995, November
22 , 1995, and November 30, 1995, from counsel for CITY, Timothy
Ryan, and accepted by counsel for HOSPITAL and Everard Walker.
H. Everard Walker died on November 15 , 2000 and Margie Mae
Walker was appointed personal representative on June 5, 2003 , in
the Estate of Everard Walker, Broward Circuit Case Number 03-3218 .
I . CITY has an interest in Lots 5 and 6 as a result of other
Code Enforcement Liens which were not part of the foreclosure of
Page 2 of 8
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the liens referred to above . CITY did not foreclose these
subsequent liens on Lots 5 and 6 and entered into an agreement with
HOSPITAL whose judgment lien was superior to the code board liens.
J. CITY and HOSPITAL agreed that the judgment of HOSPITAL
would be assigned to CITY for the purpose of initiating an
execution sale on Lots 5 and 6 with the title being placed in the
.name of CITY for the purpose of re-selling same . The agreement
concerning the Assignment of Judgment is embodied in letters dated
April 18, 1997 and April 24 , 1997, which are attached to HOSPITAL' s
Amended Complaint as Exhibits "E" and "F" respectively in a case
filed in the Circuit Court of the 171h Judicial Circuit in and for
Broward County, Florida under case number CAGE 00-13490 (08)
("pending case" ) wherein the parties hereto and Everard Walker are
parties .
K. CITY took the Assignment of Judgment and the execution
subject thereto and commenced an execution proceeding wherein CITY
was the purchaser of the subject property.
L. Under the agreement between CITY and HOSPITAL, CITY agreed
to hold title for the benefit of CITY and HOSPITAL should it be the
successful bidder and agreed to thereafter sell the property and
divide the proceeds in accordance with the formula set forth in the
subject letter. CITY also agreed to assign the subject judgment
back to Plaintiff . Pursuant to the agreement between CITY and
HOSPITAL, the ad valorem taxes assessed against Lots 5 and 6, for
Page 3 of 8
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the years 1994-97 totaling $1, 914 . 86, were paid by CITY and this
amount will be reimbursed to CITY from gross proceeds on sale of
Lots 5 and 6 .
Now, therefore, in consideration of the mutual covenants among
the parties as stated herein, it is agreed as follows :
1 . The foregoing recitals are true and correct .
2 . CITY holds the above-described property as constructive
trustee for the interest of CITY, WALKER ESTATE, and HOSPITAL as
follows :
a. CITY shall diligently proceed to sell the subject
property.
b. upon sale of the subject property, the net proceeds
derived from Lots 7, 8, 9 and 10 shall be no less than $57, 500
unless agreed by all parties .
c . <, the gross proceeds shall be reduced by the real
estate commission, reimbursement to CITY of an. appraisal heretofore
paid for by it , payment if required by law of a $302 judgment in
favor of the North Broward Hospital District and usual and
customary closing costs . The resulting difference shall be "net
proceeds" .
3 . The net proceeds upon sale of Lots 7, 8 , 9 and 10 shall be
divided as follows :
a. from the first $42 , 500, the closing agent shall pay
CITY the sum of $25, 000 , HOSPITAL the sum of $10, 000, and WALKER
Page 4 of 8 i f
i
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r ;
• ESTATE the sum of $7, 500 .
b. from the next $22, 500, the closing agent shall pay
CITY, HOSPITAL and WALKER ESTATE the sum of $7, 500 each.
C . all further sums shall be divided between HOSPITAL
and CITY on a 50/50 basis.
4 . All checks for HOSPITAL shall be made payable to the order
of Jerome R. Schechter, P.A. , Trust Account .
5 . After sale of the subject property, CITY shall assign the
hospital' s judgment entered July 15, 1984 , against Hubert H. Smith,
back to HOSPITAL.
6 . CITY shall diligently proceed to sell the additional lots
5 and 6 . CITY has filed a quiet title action, Broward Circuit
Court case number 03-11174 LACE (07) , to clear title and determine
the rights of the parties to this agreement and others, if any, in
the subject property. The quiet title action is being brought by
the CITY and the attorney fees due Ryan & Ryan, LLC and court costs
in the quiet title action shall be paid from gross proceeds on the
sale of Lots 5 and 6 . The net proceeds on sale of Lots 5 and 6
shall be equally divided between CITY and HOSPITAL.
7 . The parties shall request that the • Court retain
jurisdiction in the pending case to enforce the provisions hereof
and such other matters as remain at issue .
8 . This Agreement shall be binding upon the heirs, legatees,
devisees, administrators and personal representatives of the
Page 5 of 8
parties hereto.
9 . This Agreement is executed in triplicate and each of such
execution shall be deemed to be an original and shall have the same
force and effect as if it alone .had been executed by the parties .
10 . The parties agree that no modification or waiver of any
of the terms of this Agreement shall be valid unless in writing and
executed with the same formalities as this Agreement . The failure
of any party to insist in any instance upon the strict performance
of any of the terms or provisions of this Agreement on the part of
any party to be performed shall not be construed as a waiver or
relinquishment for the future of any such term or provision and the
same shall continue in full force and effect .
11 . This Agreement contains the entire understanding of the
parties . There are no representations, promises or undertakings
other than those expressly set forth herein.
12 . This Agreement is intended to constitute a valid and
enforceable legal instrument and no provision of this Agreement
that may be deemed unenforceable shall in any way invalidate any
other provision or provisions hereof, all of which shall remain in
full force and effect, unless a contrary result is clearly
expressed herein.
13 . The parties agree that the laws of the State of Florida
shall be the operative and binding law for purposes of
interpretation, if any, and enforcement of this Agreement . As this
r
Page 6 of 8 ell
1
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Agreement was fully negotiated between the parties, it shall not be
construed against the draftor.
14 . The parties hereto acknowledge they have been represented
by independent counsel of their own selection in negotiating and
executing this Agreement .
15 . The parties agree that should it become necessary for any
party to sue to enforce the terms of this Agreement, the prevailing
party shall be entitled to an award of a reasonable attorney' s fee
and costs arising out of the lawsuit to enforce, whether the same
be incurred in the trial court, in post-judgment proceedings or in
any appellate court .
16 . The parties waive trial by jury. Any dispute regarding
this Agreement shall be venued in Broward County, Florida .
Dated this day of September, 2003 .
SOUTH BROW D H ITAL DISTRICT
d/b/a MEM IAL S ITAL
By:
Jerome Schechter, Esq.
I s At rney
CI Y XF DANIA BEACH
By:
Timothy M. Ryan, Esq.
Its Attorney
ESTATE OF EVERARD WALKER
Page 7 of 8
By:
Harry Hi lez;
Its Attorney
Page 8 of 8
i
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT OF THE
STATE OF FLORIDA IN AND FOR
BROWARD COUNTY .
CASE NO. 88-11895 CP
CITY OF DANIA, a municipal corporation
PLAINTIFF
VS.
HUBERT H. SMITH, G.M.A.C. and
UNITED STATES OF AMERICA
CERTIFICATE OF TITLE
The undersigned ROBERT E. LOCKWOOD, Clerk of the Court, certifies that he
executed and filed a certificate of sale in this action on JANUARY S,
1989 . for the property described herein and that no objections to the
sale have been filed within the time allowed for filing objections.
THE FOLLOWING PROPERTY IN BROWARD COUNTY, FLORIDA
Lots 7,8,9, and 10 of McKENZIE EYSTER ADDITION, according
to the Plat thereof, as recorded in Plat Book 8, Page 9,
of the Public Records of Broward County, Florida; said
lands situate, lying and being in Broward County, Florida.
was sold to CITY OF DANIA c/o Timothy M: Ryan,. 700 E. Dania
Beach Blvd., Dania, Florida 33004
WITNESS MY HAND AND THE SEAL OF THE COURT ON JANUARY,, 1989
ROBElk OD. AS CLERK
LYNN. SQL`,
BY
eputy Clerk
vJ
RECEIVED JA-1, 9 9 IG
BOUNDARY SURVEY 98-2169
LEGAL ]DESCRIPTION: Lots 5, 6, 7, 8, 9 and 10, McKENZIE EYSTER ADDITION, according to the Plat
thereof, as recorded in Plat Book 8, Page 9 of the Public Records of Broward County, Florida.
CRESS: 1506-1510 S. Dixie Highway
Dania, Florida 33004
CERTIFIED TO:
1 . City of Dania
2. Ryan & Ryan, P.A.
3. Attorneys' Title Insurance Fund, Inc.
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THIS SURVEY IS FOR =,E
AND MORTGAGE PURPOSES ONLY.
Elevations are relative to National Geodetic Vertical Datum Underground locations and/or underground
of 1929. encroachments, if any, are not shown unless otherwise
Community: 120034 Panel: 0308 indicated.
Suffix: F Date of Firm: 8/18/92 This survey was not abstracted for easements and/or
Flood Zone X Base Flood Elev = — right-of-way of record.
.Aft";rh Roor Elev. Lowest Floor Elev. Not vatid without the signature and the original raised
_ — =r benchmark: seal of a Florida Licensed Surveyor and Mapper.
Bearings Based On: Dated this 3a L4� day of /v/w e c a 19 9e A.D.
Drawn By �-ys.s. Checked By P a,s. Scale 1" =30'
g PETER BLANDINO SR. PETER SPLANDINO SR.
3600 South State Road 7, Suite 261 Surveyor ani Mapper No. LS 3487
2 Mirarrer, Florida 33023 987-6644 State 0`Florida
RESOLUTION NO. 88-97
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE ASSIGNMENT OF FINAL JUDGEMENT
FROM THE CITY OF DANIA, A FLORIDA MUNICIPAL
CORPORATION, TO THE SOUTH BROWARD HOSPITAL
DISTRICT, A POLITICAL SUBDIVISION OF THE STATE
OF FLORIDA, D/B/A MEMORIAL HOSPITAL, AND
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA, FLORIDA;
Section 1. That the certain assignment of judgement from the City
of Dania, Florida, to the South Broward Hospital District d/b/a Memorial
Hospital, a copy of which is attached hereto and made a part hereof as
Exhibit "A" be and the same is hereby approved, and the appropriate City
officials are authorized and directed to execute same.
Section 2: That this resolution shall be in force and take effect
immediately on u its assa a and adoption.
p p 9 p
PASSED AND ADOPTED on the 10 day of June 1997.
M OR'7G�'OMMISSIONER
ATTEST:
CITY CLERK- UDITOR
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY Resolution No. 88-97
1
s
EXHIBIT "A"
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY, FLORIDA
CASE NUMBER: 84-1601 CA
SOUTH BROWARD HOSPITAL
DISTRICT, a political
subdivision of the State
of Florida, d/b/a Memorial
Hospital,
Plaintiff,
VS .
MARCIA WALKER and
HUBE111T H. SMITH,
Defendants ./
ASSIGNMENT OF FINAL JUDGMENT
KNOW ALL MEN BY THESE PRESENTS:
That the CITY OF DANIA, a Florida municipal corporation, party
of the fist part, in consideration of the sum of TEN DOLLARS
($10.00) , lawful money of the United States, to it in hand paid by
the SOUTH BROWARD HOSPITAL DISTRICT, a political subdivision of the
State of Florida, d/b/a Memorial Hospital, party of the second
part, the receipt whereof is hereby acknowledged, has granted,
bargained, sold, assigned, transferred and set over and by these
presents does grant, bargain, sell, assign, transfer and set over
unto the said party of the second part that certain final judgment
against the above named defendants in the sum of $54, 681 . 95,
together with court costs in the sum of $95. 00 plus interest in the
sum of $8, 749.11 and attorneys' fees in the sum of $1,000, which
final judgment is dated June 15, 1984 and recorded June 21, 1984 in
Official Records Book 11796, Page 72, of the Public Records of
Broward County and a certified copy of said final judgment being
recorded August 31, 1984 in Official Records Book 11970, Page 955,
of the Public Records of Broward County, Florida.
TO HAVE AND TO HOLD the same unto the said party of the second
Part, its successors and assigns forever.
IN WITNESS WHEREOF we have set hereto our hands and seals this 18 day of
June 1gg7
Attest:
ARIE JABAL , City Clerk-Auditor
CITY OF D
A Florida i p I p ation
By:
MIC W. H, City Manager
� s s
By: !�
ne BOB ES ayor-Commissioner
Hess
Approved as to form and correctness
FRANK t. ADLER, City Attorney
STATE OF FLORIDA )
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to take
acknowledgements, personally appeared BOB MIKES, MICHAEL W. SMITH, and MARIE
JABALEE, well known to me to be the Mayor-Commissioner, City Manager, and City Clerk-
Auditor respectively of the City of Dania, a Florida municipal corporation, named as party of the
first part in the foregoing instrument, and they severally acknowledged executing the same in
the presence of two subscribing witnesses freely and voluntarily under authority duly vested in
them by said municipal corporation and that the seal affixed hereto is the true corporate seal of
said municipal corporation.
--------------------------------------------
Notary Public
• My commission expires:
CKAWNE V.SXT
Nw"p •ON"of f do
CWftoon EVM�12.W
won CC 1S
a
April 18, 1997
Jerome R. Schechter, Esq.
315 S.E. 7th Street, First Floor
Fort Lauderdale, FL 33301
Re: South Broward Hospital District vs. Hubert H. Smith
Lots 5 and 6 of McKENZIE EYSTER ADDITION,
Plat Book 8, Page 9, Broward County Records
Our File No. 15282D
Dear Mr. Schechter:
This correspondence follows our telephone conversation some weeks ago concerning the
interest of your client,the South Broward Hospital District, and my client, the City of Dania, on the
above-captioned property.
As you know the South Broward Hospital District obtained a Final Judgment against Marcia
Walker and Hubert H. Smith in the amount of$64,526.06 on June 15, 1984. A copy of the Final
Judgment is enclosed. The City of Dania Code Enforcement Board entered an Order in September
1994 against Hubert Smith for illegal storage of equipment and trash on the above-captioned
property and fined Mr. Smith $150 per day. I recently completed a title search on the subject
property to prepare the City's lien foreclosure action and found the Hospital District's judgment
together with several other judgments in the time period between 1984 and 1994. It is not
economically feasible for the City to foreclose its lien since the lien is inferior to several judgments
whose value far exceeds the fair market value of the property.
As I mentioned in our telephone conversation, the City requests your client assign its
Judgment to the City of Dania and the City will then execute on the Final Judgment. The City will
incur the court costs and attorney's fees for execution on this Judgment. The net proceeds from the
sale of the above-captioned property will be equally divided between the South Broward Hospital
District and the City of Dania. The deductions from gross sales proceeds will include the delinquent
ad valorem taxes for 1994, 1995, and 1996, the court costs, title search expense, legal fees, and
pie payment of a small judgment to the North Broward Hospital District entered in February 1982 in the
a y
Jerome R. Schechter, Esq.
April 18, 1997
Page 2
amount of$292.
You may recall the City of Dania, the South Broward Hospital District and a third party
mortgagee entered into an Agreement in November of 1995 regarding the sale and division of
proceeds on four lots immediately north of the above-captioned parcel. It is the City's opinion that
the inclusion of the two southerly lots will increase the overall value of the real estate and allow us
to sell the property at its highest marketable value.
Please discuss this matter with your client and respond to my office at your earliest
convenience.
Very truly yours,
TIMOTHY M. RYAN
TMR/sr
Encl.
cc: Frank Adler, Esq.
City Attorney
JEROME R. SCHECHTER, P.A.
ATTORNEY AT LAW
JEROME R.SCHECHTER 315 SOUTHEAST 7TH STREET
FIRST FLOOR
ABRAHAM S. KALKIN FORT LAUDERDALE. FLORIDA 33301
MEMBER OF NEW YORK BAR April- 24, 1997 TELEPHONE (954) 764-7600
(NOT ADMITTED IN FLORIDA) FAX (954) 763-4840
Timothy M. Ryan, Esq.
Ryan & Ryan, P.A.
700 East Dania Beach Boulevard
Dania, FL 33004-3090
Re: South Broward Hospital District
v. Marcia Walker and Hubert Smith
Case No. : 84-01601
Our File No. : CA--83-5728
Your File No. : 15282D
Dear Mr. Ryan:
I have secured the authority from the agent for the hospital
to go along with your proposal in your letter of April 18, 1997.
However, a couple of issues do arise. The €irst is over the
authority to bid and what happens to the hospital's position should
there be a bid in excess of the value of the premises. In other
words, the assumption is that no one will bid against the City and
the City will take the property back for a nominal amount of money,
however, if there is a bidder, it will be against the judgment
amount thereby reducing the judgment amount. The hospital, thus,
could have its judgment satisfied and not own anything other than
a portion of the piece of property that the City will own. Thus,
so long as the hospital will secure proceeds from the ultimate sale
no Less than the amount bid for the property against the judgment,
then there should be no problem. The additional proviso is that
the City will assign back the judgment to the hospital after the
sale.
When you prepare papers, if you want to get anything done
right away, you should use my signature. With that in hand, you
can start the process and in the meantime, if you want to get a
better signature from the hospital, prepare a duplicate original
for me to secure the hospital's signature on. You might also get
the assignment back prepared and signed so I know I don't have a
problem with that. I can hold that in es in the meantime.
Very t u Xo rs,
J�ROME R. SCHECHTER
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97-333704 T#001
06-26-97 11:48AM
DOCUMENT COVER PAGE
(Soso.agar.et mr a vvw to MIN L"I
Document Title: Assignment of Final Judgment
1 Warranty Deed,Mortgage,Affidavit,etc.)
I
Executed By: South Broward Hospital District
To: City of Dania
I
Brief Legal Description: N/A j
i;• ,., (if applicable)
Return Recorded Document to:
TIMOTHY M. RYAN, ESQ.
1 700 E. Dania Beach Blvd., 3rd F1.
Dania, FL 33004
RYAN & RYAN, P.A. (� 3 3
WILL CALL BOX #60 x
L
Ct.i.,i sctssme+t wan.prepared by
;'Yi41.RYAN
EIV& IN THE CIRCUIT COURT OF THE
Uc�6a k'1^rida 33884 SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY, FLORIDA
CASE NUMBER: 84-1601 CA
SOUTH BROWARD HOSPITAL
DISTRICT, a political
subdivision of the State
of Florida, d/b/a Memorial
Hospital,
Plaintiff,
VS.
MARCIA WALKER and
HUBERT H. SMITH,
Defendants../
i
ASSIGNMENT OF FINAL JUDGMENT
KNOW ALL MEN BY THESE PRESENTS: ca
. rc
j N
That the SOUTH BROWARD HOSPITAL DISTRICT, a political Cn
subdivision of the State of Florida d/b/a Memorial Hospital, party rn
j of the fist part, in consideration of the sum of TEN DOLLARS 4
($10.00) , lawful money of the United States, to it in hand paid by
the CITY OF DANIA, a Florida municipal corporation, party of the O
second part, the receipt *,thereof is hereby acknowledged, has --
granted, bargained, sold, assigned, transferred and set over and by
these presents does grant, bargain, sell, assign, transfer and set u1
over unto the• said party of the second part that certain final
judgment against the above named defendants in the sum of
$54,681.95, together with court costs in the sum of $95.00 plus
interest in the sum of $8,749.11 and attorneys' fees in the sum of
$1,000, which final judgment is dated June 15, 1984 and recorded
June 21, 1984 in Official Records Book 11796, Page 72, of the
Public Records of Broward County and a certified copy of said final
judgment being recorded August 31, 1984 in Official Records Book
11970, Page 955, of the Public Records of Broward County, Florida.
TO HAVE AND TO HOLD the same unto the said party of the second
i
y
I
part, its successors and assigns forever,
I
IN WITNESS WHEREOF we have set hereto our hands and seals this
day of.sty(, 1997.
TU(te-
SOUTH BROWARD HO,SPI AL DISTRICT
a political sulidiv' ion of the
State of FYo 'da
Witness CHRISTINE ANIELLO R. CHECHTER, attorney for
out B ward Hospital District
/3 5 S. 7th Street, First Floor
Fo t auderdale, Florida 33301
VA@2j53 MYRNA A(fILAR
i STATE OF FLORIDA )
)
COUNTY OF BROWARD) n
_ ev
I HEREBY CERTIFY that on this day, before me, an officer duly c'
authorized to take acknowledgments, personally appeared JEROME R. w
SCHECHTER, attorney for South Broward Hospital District, and he o
acknowledged executing the foregoing instrument in the presence of a)
two subscribing witnesses freely and voluntarily under authority O
duly vested in him by said hospital district.
i Notary Public
'I
:I My Commission Expires: $jaljgj
oy P4, CHRISTINE ANIELLO I
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EBPiRES AUG 21,1997
Atlantic BondingCo„Inc
�Fpf1�� 800.732.2245
AECOA%ED IN THE QFFICIAL RCORDS FLGRIDASCOK
Of BFOWARD COUNTY,
COUNiY ABMINIS7RATGR
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9 3-2641 - 001
09 292`5f.'111
SHERIFF'S DEED
its 0., 70
16 th day of SEPTEMBER 19 97 1)()C 1.)-, ST A N 1::1(:S 1)1::"I::'D
THIS INDENTURE, made this -CHIEF i
between S U S AN M c C AMP B E L L ,T)EX UZy, Sheriff of BROWARD —
County, State of Florida, of the first party, and E'(.,V 1). D R 0(Ll A R 1) C MT Y
— .)13 T E 1: -10 1
CITY OF DANIA D,, J A(."K W ::,. 'd 1'
of the second part, whose permanent address is c/o FINANCE DF.PT.
100 W. DANIA BEACH BLVD . , DANIA, FLORIDA , vinn4 COUHTY (011111'N.,
County of BROWARD State of FLORIDA
WHEREAS, by virtue of a certain execution issued out of and under the
seal of the CIRCUIT Court for - BROWARD 2 7 0 Or 8 100 0 4 2 7
County aforesaid, tested the 15 t h day of JUNF A.D.
1984 , at the suit of SOUTH BROWARD HOqPTTAT- DI STR TCT-,
AssiRned to CITY OF DANIA on 6 /01197 --
plaintiff, against
MARCIA WALKER and HUBERT H. SMITH,
defendant, directed and delivered to the said Sheriff, commanding him, that of the goods and chattels, lands an(
tenements of said defendant, he cause to be made certain monies in said execution specified, and said Sheriff did 1evj
on and seize all the estate, right, title and interest which the said defendant had of, in and to the property hereinafte
described;and on SEPTEMBER 16 9
esc th A.D. 19 9 7 ale alsale day, sold the said property at public auctiol
a.,the Broward County Sheriff's Office,in the COUNTY OF BROWARD AND C.TT-V np FT I
X ill sa'd Stat6 and Counry, having first given public notice of the time and place of such sale, by advertising san
joroparty for sale, ir, manner and form as required by the statute in such case made and provided, in thg
ROWAID an official newspaper published in sate—D-�LJLY BUSINESS REVIEW I
-N_FT � LAUD ERDALE I ; i.n said County, for thirty days next preceding said day of sale;and that at such sale
the said property was struck off to the said party of the second part, for the sum of
ONE HUNDRED dollars and NO/100 cents, he being the highest bidde
therefor, and that being the highest sum bid for the same.
kr NO W THIS INDENTURE WITNESSETH, that the said party of the first part, as Sheriff as aforesaid, by virtue of the sah
execution, and in pursuance of the statute in such case made and provided, and.in consideration of the sum of mane;
so bid as aforesaid, and in hand paid to the said party of the first part by the said party of the second part, and before
the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath granted, bargained, soh
and conveyed, and by these presents doth grant, bargain, sell and convey unto the said
CITY OF DANIA
the said party of the second part, all of the estate, right, title and interest, which the said defendant had on the 15t
day of JUNE A.D., 19 q 4 or at any time afterwards, of, in. and to all that certain
REAL PROPERTY in the County of BROWARD Florida, known and described as follows:
'HUBERT H. SMITH ' S RIGHT, TITLE AND INTEREST IN :
Lots 5 and 6 of McKENZIE EYSTER ADDITION, a subdivision,
according to the Plat thereof recorded in Plat Book 8 ,
Page 9 , of the Public Records of Broward County, Florida.
Folio Number : 1203-15-0030
0
0 R I G EMU
TO HAVEAND TO HOLD said described property unto said party of the second part, his heirs and assigns forever, as
fully and absolutely as the said party of the first part, as Sheriff as aforesaid, can or should convey by virtue of said
execution and the laws relating thereto.
IN WITNESS THEREOF, the said .party d-ff the first part,
as Sheriff as aforesaid, has herbsirio. s 'hand and
affixed his seal the 16thdaY of TEI�IB;EF:_, A.D.
19 9
U 't
(3EAL)
SUSAN McCAMPB LL, CHIEF DEP.U:TY `'
Sheriff of BROWARD 'eo,unty,
Signed, seale tndelivere h pre ence of.•
F. BRUNO DJ
J0 N AUSTIN
STA 4 OF FLORIDA
COUNTY OF BROWARD
16th SEPTEMBER 19 97by
The foregoing instrument was ackn0iviedged before. me_ttus ------daY of _
SUSAN McCAMPBELL Y CHIEF DEPUTY who is personally known to me or who has produced
(Name and Title)
identification.
Type of I entification
r,
NOTARY PUBLIC
RUTH ANN KOPSA
c
Print, Type, or Stamp Commissioned Name of Notary Public
Prepared by:
' RUTH ANN KOPSA
Broward County Sheriff's Office
Civil Unit/Enforceable Writs
Public Safety Building ®�
Fort Lauderdale, Florida
a �,r,tiza�