HomeMy WebLinkAbout2026-072-2529_-_Lien_Amnesty_Agreement_18335_NW_27_AVE,_LLC_-_Adopted_-_PdfRESOLUTION NO. 2026-072-2529
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
AND EXECUTE TO CLERK CITY THE ANDMANAGER
ATTEST, RESPECTIVELY, THAT CERTAIN LIEN AMNESTY
AGREEMENT BETWEEN 18335 NW 27 AVE, LLC AND THE
CITY OF MIAMI GARDENS, A COPY OF WHICH IS ATTACHED
HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, 18335 NW 27 AVE, LLC (Owner) owns property located at 18335
NW 27th Avenue, Miami Gardens, Miami-Dade County, Florida, Folio No.: 34-2103-
014-0040, 34-2103-014-0050, and 34-2103-012-0010 (Property), and
WHEREAS, the City represents and warrants that the Property is presently
encumbered by a total of twenty-seven (27) City-imposed liens for a total amount of
Two Dollars Sixty Hundred One One Seventy Hundred Million Thousand
($2,170,160.00), and
WHEREAS, the current status of the Property is unacceptable to the City and
both parties are desirous of resolving the outstanding liens pursuant to the Lien
Amnesty Agreement (Agreement), a copy of which is attached hereto as Exhibit A, and
WHEREAS, the Agreement requires the Owner to furnish Three Hundred
inpaid ($325,524.00), Dollars Five Hundred ThousandTwenty-Five Twenty-Four
separate installments and specified in Subsection 2 of the Agreement, and develop the
Property, and
WHEREAS, in the event of Breach, the City’s lien interest remains in full force
and effect on the Owner its heirs, successors and assigns, including the successor to or
assignee of any Property interest, and
WHEREAS, City Staff recommends that the City Council authorize the City
Manager and City Clerk to execute and attest, respectively, that certain Lien Amnesty
Agreement between 18335 NW 27 Ave, LLC, and the City of Miami Gardens, a copy of
which is attached hereto as Exhibit “A”,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
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Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby authorizes the City Manager and City Clerk to execute and attest, respectively,
that certain Lien Amnesty Agreement between 18335 NW 27 Ave, LLC, and the City of
Miami Gardens, a copy of which is attached hereto as Exhibit “A”.
Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon
its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON JUNE 24, 2026.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, MMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON BENSON, CITY MANAGER
Moved by: Councilwoman Powell
Seconded by: Vice Mayor Stephens
VOTE: 5-0
Mayor Harris Yes
Vice Mayor Stephens, III Yes
Councilwoman Baskin Yes
Councilman Leon Yes
Councilwoman Powell Yes
Councilwoman Julien Absent
Page 2 of 8Resolution No. 2026-072-2529
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AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS, FLORIDA AND 18335
NW 27, AVE, LLC, REGARDING DEVELOPMENT OF REAL PROPERTY
LOCATED AT 18335 NW 27TH AVENUE, MIAMI GARDENS, FLORIDA
THIS AGREEMENT (“Agreement”) is entered this ___ day of _____, 2026
(“Effective Date”) by and between the City of Miami Gardens (the “City”), a municipal
corporation organized under the laws of the State of Florida and 18335 NW 27 AVE, LLC,
(“Owner”), (the City and Owner individually referred to as a “Party” and collectively referred
to as the “Parties”).
RECITALS
WHEREAS, Owner owns property located at 18335 NW 27th Avenue, Miami
Gardens, Miami-Dade County, Florida, Folio No.: 34-2103-014-0040, 34-2103-014-0050, and
34-2103-012-0010 as attached in Exhibit A (“Property”), and
WHEREAS, the City represents and warrants that the Property is presently
encumbered by a total of twenty-seven (27) liens (collectively the “Liens”) imposed by the
City, a copy of which is attached hereto as Exhibit B, and
WHEREAS, the current status of the Property is unacceptable to the City, and the
City wishes to encourage redevelopment of the Property, and
WHEREAS, the City and Owner are mutually desirous of resolving the Liens
pursuant to the terms of this Agreement, and
WHEREAS, the Owner has proposed to develop an 8-story mixed-use building
including approximately 475 condominium units, 95,000 square feet of retail core and shell,
and approximately 1,400 structured parking stalls, and
WHEREAS, the City requires any development and construction on the Property
pursuant to this Agreement to proceed in a manner consistent with applicable building and
zoning requirements of the City, and
WHEREAS, the City requires assurance, in the form of a financial commitment, that
the development and construction will proceed in a timely fashion pursuant to the terms of
this Agreement, and
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the Parties mutually agree and bind themselves as set forth herein:
TERMS AND CONDITIONS
1. Consideration. The Parties hereby agree that the consideration and obligations recited
and provided for under this Agreement constitute substantial benefits to the Parties and
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adequate consideration for this Agreement.
2. Owner Obligation. Owner shall perform, or cause to be performed, the following
obligations (“Obligations”) to satisfy all liens for the sum of Three Hundred Twenty-
Five Thousand Five Hundred Twenty-Four ($325,524.00). The Obligations consist of
the following:
a. Owner will not enter into any new leases and will accept no new tenants to occupy
the building comprising the shopping center on the Property, unless the buildings
comprising the shopping center on the Property are demolished and new
structure(s) has been constructed and has received Certificate of Occupancy from
the City of Miami Gardens..
b. Within six (6) months, or October 1, 2026, whichever is sooner, of the Effective
Date of this Agreement, Owner shall remit to the City Two Hundred Thousand
Dollars ($200,000) as partial payment towards the satisfaction of all Liens on the
Property which funds shall be retained by the City for whatever purpose the City
deems appropriate.
c. Owner shall tender the remaining One Hundred Twenty-Five Thousand Five
Hundred Twenty-Four Dollars ($125,524.00) within eighteen (18) months, or prior
to October 1, 2027, of the Effective Date of this Agreement Tendered funds shall
be retained by the City for whatever purpose the City deems appropriate
d. The building comprising the shopping center situated on the Property as it now
exists shall be demolished within eighteen (18) months from the date Owner sells
the Property or assigns its rights to the Property, if such sale or assignment of right
occurs prior to October 1, 2026. If the Owner fails to sell the Property or assign its
rights prior to October 1, 2027, Owner shall cause the demolition of the Property
within eighteen (18) months thereafter. The time frame of eighteen (18) months for
Owner, its heirs, successors and assigns, including the successor to or assignee of
any Property interest, to demolish the buildings comprising the shopping center
may be extended for Force Majeure reasons. For purposes of the understanding and
agreement, force majeure delays shall be delays caused by reason of strikes, lock-
outs, labor troubles, failure of power, adverse weather conditions, riots,
insurrection, or other non-economic reasons and delays in obtaining or processing
requisite permits which are beyond the reasonable control of Owner its heirs,
successors and assigns, including the successor to or assignee of any Property
interest.
In the event the Obligations are not fulfilled within the timeframes indicated, the
Property shall remain subject to the liens and violations and be subject to further and
immediate enforcement actions by the City.
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3. City Obligation. Currently, the Property and Owner are subject to Two Million One
Hundred Seventy Thousand One Hundred Sixty Dollars ($2,170,160.00), a copy of
which is attached hereto as Exhibit A, in City imposed Liens. Upon timely completion
and fulfillment of the Obligations by Owner its heirs, successors and assigns, including
the successor to or assignee of any Property interest, the City shall will issue the
appropriate Release of Liens, as shown on Exhibit A, thereby satisfying and removing
all Lien interest affecting the Property with no further consideration due from Owner.
If Owner fails to furnish funds in accordance with this section and otherwise fails to
perform its Obligations under this Agreement, the Liens shall remain in full force and
effect and Owner its heirs, successors and assigns, including the successor to or assignee
of any Property interest shall be liable for the original Two Million One Hundred
Seventy Thousand One Hundred Sixty Dollars ($2,170,160.00), plus any accrued
interest, authorized by law, or associated per diem which the City shall calculate from
the execution of this Agreement to the date of breach.
4. Notices. Any notice, consent or other communication required to be given under this
Agreement shall be in writing, and shall be considered given when delivered in person
or sent by facsimile or electronic mail (provided that any notice sent by facsimile or
electronic mail shall simultaneously be sent personal delivery, overnight courier or
certified mail as provided herein), one (1)business day after being sent by reputable
overnight carrier or three (3) business days after being mailed by certified mail,
return receipt requested, to the parties at the addresses set forth below (or at such other
address as a party may specify by notice given pursuant to this Section to the other
party).
CITY OF MIAMI GARDENS:
Cameron Benson, City Manager
City of Miami Gardens
Address: 18605 NW 27th Avenue, Miami Gardens, FL 33056
With a copy to:
Sonja K. Dickens, Esq., City Attorney
City of Miami Gardens
Address: 18605 NW 27th Avenue, Miami Gardens, FL 33056
18335 NW 27 AVE,LLC::
18335 NW 27 AVE LLC
c/o Neches Management, LLC
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310 Northwest 171st Street
Miami, Florida 33169
Attn: Efraim Brody
efraimbrody@gmail.com
Any Party to this Agreement may change its notification address(es) by providing
written notification to the remaining Parties pursuant to the terms and conditions of this
section.
5. Venue and Choice of Law. It is mutually understood and agreed by the Parties hereto,
that this Agreement shall be governed by the laws of the State of Florida, and any
applicable federal law, both as to interpretation and performance, and that any action at
law, suit in equity or judicial proceedings for the enforcement of this Agreement or any
provision hereof shall be instituted only in the courts of Miami Dade County, Florida
and venue for any such actions shall lie exclusively in a court of competent jurisdiction
in the County.
6. No Oral Change or Termination. This Agreement and the exhibits and appendices
appended hereto and incorporated herein by reference, if any, constitute the entire
Agreement between the Parties with respect to the subject matter hereof. This Agreement
supersedes any prior agreements or understandings between the Parties with respect to the
subject matter hereof, and no change, modification or discharge hereof in whole or in part
shall be effective unless such change, modification or discharge is in writing and signed by
the party against whom enforcement of the change, modification or discharge is sought.
This Agreement cannot be changed or terminated orally.
7. Compliance with Applicable Law. Subject to the terms and conditions of this Agreement,
throughout the term of this Agreement, Owner and City shall comply with all applicable
federal, state or local laws, rules, regulations, codes; ordinances, resolutions, administrative
orders, permits, policies and procedures and orders that govern or relate to the respective
Parties’ obligations and performance under this Agreement, all as they may be amended
from time to time.
8. Representations; Representatives. Each party represents to the other that this Agreement
has been duly authorized, delivered, and executed by such party and constitutes the legal,
valid, and binding obligation of such party, enforceable in accordance with its terms.
9. Waiver. The failure by either party to promptly exercise any right arising hereunder shall
not constitute a waiver of such right unless otherwise expressly provided herein. No waiver
or breach of any provision of this Agreement shall constitute a waiver of any subsequent
breach of the same or any other provision hereof, and no waiver shall be effective unless
made in writing.
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10. Termination and Default. If either to this agreement defaults or otherwise fails to
perform its enumerated obligations as stated herein, the non-breaching party shall
provide written notice to the breaching party of such breach. Upon receipt of written
notice of default, the breaching party shall be given no fewer than Sixty (60) days to
cure such breach as stated within the related written notice of breach. Upon the
breaching party’s failure to cure such breach, the non-breaching party shall be entitled to
terminate this Agreement and pursue any and all rights available to it under the law or
equity.
11. Severability. If any term or provision of this Agreement or the application thereof to any
person or circumstance shall, to any extent, hereafter be determined to be invalid or
unenforceable, the remainder of this Agreement or the application of such term or provision
to persons or circumstances other than those as to which it is held invalid or unenforceable
shall not be affected thereby and shall continue in full force and effect.
12. Assignment and Transfer. This Agreement shall be binding on Owner and its heirs,
successors and assigns, including the successor to or assignee of any Property interest.
Owner, may assign, in whole or in part, this Agreement or any of its rights and obligations
hereunder, or may extend the benefits of this Agreement, to any holder of a Property
interest condition upon the mutual consent of the Parties. Such mutual consent to assign or
transfer the rights and/or obligations, as stated in this subsection and in the Agreement,
shall only occur upon the writing agreement and signature of Owner and the City. Any
such assignee shall assume all applicable rights and obligations under this Agreement, in
which event Owner shall have no further liability for the performance of any terms and
conditions under this Agreement.
13. Amendment or Termination by Mutual Consent. This Agreement may not be amended
or terminated during its term except by written agreement signed by Owner and the City.
14. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year set forth below their respective signatures.
City of Miami Gardens 18335 NW 27 AVE, LLC
By:
By:
Print: Print:
Title: Title:
Dated:
Dated:
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