Item Coversheet

8.A.
Code Compliance and Legal Settlements
7/19/2016

CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE:  7/19/2016
REQUESTED ACTION BY COMMISSION:  Consider the settlement offer of 3100 Ocean Parkway Quiet Title Action.
EXPLANATION OF REQUEST: 

On June 21, 2016, the City was served, as one of several Defendants, with a Complaint to Quiet (Tax) Title. 

 

On July 11, 2016, the City timely filed an Answer and Affirmative Defenses asserting its right to any surplus retained by the Clerk of Court after the tax sale.  The surplus being retained by the Clerk, is in the amount of $19,578.08, minus the Clerk's fees and costs.

 

The City's Statement of Claim filed with the Clerk of the Court states the City currently has nine (9) liens imposed on the property, eight (8) of which are for hard costs incurred by the City with a total outstanding amount of fines of $124,570.35.

 

The total hard costs incurred by the City to maintain the property is $12,744.92. 

 

On July 12, 2016, the Plaintiff (Property Owner) contacted the City Attorney's Office regarding the following settlement offer and request for a waiver of fines with the following proposed terms: 

 

- The Property Owner would not object to the City's claim for surplus so long as the City 1) applied the surplus first to the actual costs incurred by the City and 2) the City used anything above to satisfy the fines. 

 

If this settlement offer is accepted, the City will be writing off approximately, $104,992.27. 

 

To date, the total attorneys' fees and costs are approximately $1,000.

HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?  This agenda item will not affect City programs or services. 
FISCAL IMPACT:    The City's recovery of approximately $19,578.08 in surplus minus applicable Clerk's fees and costs, with a write-off in the amount of $104,992.27 from its existing claim. 
ALTERNATIVES:  The alternative to settling this matter would be to turn down the settlement offer or counteroffer or continue litigating this matter in court. 
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:  Not Applicable. 

CLIMATE ACTION:  No
CLIMATE ACTION DISCUSSION:  Not Applicable. 
Is this a grant?  
Grant Amount:  N/A
CONTRACTS
VENDOR NAME:  N/A
     START DATE:  
             
      END DATE:

 CONTRACT VALUE:  
MINORITY OWNED CONTRACTOR?:   
EXTENSION AVAILABLE?:  
EXTENSION EXPLANATION:

 
 
REVIEWERS:
DepartmentReviewerActionDate
LegalAnswererApproved7/13/2016 - 3:40 PM
Financial ServicesAnswererApproved7/13/2016 - 6:12 PM
City ManagerAnswererApproved7/15/2016 - 1:56 PM