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Home My WebLink AboutR-1997-088 (2) I 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. j 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 upon its passage and adoption. PASSED AND ADOPTED on the 10 day of June 1997. ' MAY COMMISSIONER ATTEST: I � CITY CLERK -AUDITOR UDITOR APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY Resolution No. 88-97 1 J r EXHIBIT "A" IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWM 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 HUBE."T 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. 1 TO HAVE AND TO HOLD the same unto the said party of the second EXHIBIT `rAA Part, its successors and assigns forever. IN WITNESS WHEREOF we have set hereto our hands and seals this 18 day of June 1997. Attest: �_. ARIE JABAL " , City Clerk-Auditor CITY OF D A Florida i p p ation I By.MIC A44W.ISH, City Manager ne BOB MIKES.Mayor-Commissioner ness i Approved as to form and correctness I FRANK C. 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 J My commission expires: '� Qp�hdon�CC�0lbii i LAW OFFICES RYAN & RYAN, P.A. SUITE 200 700 EAST DANIA BEACH BOULEVARD DANIA, FLORIDA 330043090 ARCHIE J.RYAN,III TIMOTHY M.RYAN TELEPHONE 130519112 FACSIMILE f3051921.124747 � CHRISTOPHER J. RYAN j January 30, 1996 Mr. Michael Smith City Manager City of Dania 100 West Dania Beach Boulevard Dania, Florida 33004 Ra: Big Nassau Daddy' s Property Walker vs . Smith, et al Case No. CACE 95-1691 (07) Our File No. 117441) Dear Mr. Smith: This letter will provide an update on the status of the litigation and settlement negotiations concerning the Big Nassau Daddy' s property at 1506 South Dixie Highway in Dania. The City of Dania obtained title to the premises described as Lots 7, 8, 9 and 10 of McKENZIE EYSTER ADDITION, through the foreclosure of a Dania code enforcement lien. The Circuit Court Clerk issued the Certificate of Title to the four lots in the name of the City of Dania on January 18, 1989 . The City took title to the property subject to a Final Judgment in favor of the South Broward Hospital District against Marsha Walker and Hubert Smith in the sum of $64, 526 .06 dated June 15, 1984 . The property was also encumbered by a first mortgage against Lots 9 and 10 in favor of Ann Jacobs with an outstanding balance in the neighborhood of $271000 . In addition, a Final Judgment in favor of the North Broward Hospital District against Hubert Smith in the sum of $302 dated February, 1982, is an encumbrance on the property. In May, 1989, Ann Jacobs, the holder of the first mortgage, filed a foreclosure action. The foreclosure suit proceeded to Final Judgment in January, 1990, and the property was purchased by Everald Walker at the foreclosure sale in February, 1990 . The City i had the foreclosure Judgment and sale set aside due to improper service of process. An Answer was filed by the City and the foreclosure action remained dormant for several years . Eventually, the City obtained an Order of Dismissal for failure to prosecute on the foreclosure action on August 24, 1994 . Mr. Michael Smith January 30, 1996 City Manager Page Two City of Dania III I A second foreclosure suit was filed by Everald Walker against Hubert Smith, the City of Dania, and various other defendants in Februari, 1995. An Answer and Affirmative Defonses were filed by the City of Dania, the Plaintiff' s deposition was taken, and the case is pending at this time. The South Broward Hospital District and the mortgage holder, Everald Walker, have agreed to a settlement proposal subject to approval of the City Commission. The settlement offer requires the City of Dania to sell the property and divide the net proceeds among the City, the South Broward Hospital District, and Everald Walker. Under the settlement proposal, the first $42, 500 in net proceeds will be paid $25, 000 to the City, $10, 000 to the South Broward Hospital District, and $7, 500 to Everald Walker. The next $22, 500 in net proceeds will be equally divided among the City, the South Broward Hospital District and Mr. Walker. All additional net proceeds will be divided 50/50 between the City and the South Broward Hospital District. The gross proceeds on the real estate sale will be reduced by the real estate commission, the appraisal, the payment of the North Broward Hospital District judgment, and usual and customary closing costs incurred by a seller of real property. If the net sales proceeds are less than $57, 500, then each party has a right to reject the real estate sale. The City' s out-of-pocket costs on this property include a payment of attorney fees and court costs in the lien foreclosure action of $2, 510 .22 paid November, 1990 . The attorney fees and court costs incurred in the first foreclosure action are $1, 524 paid in October, 1991, and $1, 937 .50 paid in September, 1994 . The attorney fees and court costs for the present foreclosure action, which includes legal services and costs incurred from July, 1994, to date is $2, 928 . Delinquent real estate taxes paid by the City on the subject property is $1, 334 . 58 . Two environmental assessments of the property by Nutting Environmental were billed at $9, 567 . The total out-of-pocket costs for the City is $21, 801.30. I would appreciate you putting this item on the Commission' s Workshop agenda for discussion of the settlement proposal. If you need anything further regarding this matter, please give me a call. Very truly yours, TIMOTHY M. RYAN TMR: lm I i i i f i i f i I I f I I i I f i I I i 4 l 4