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WHEREAS, the City Commission agrees to authorize the sale and the assignment of the <br />TDRs contemplated herein as an incentive for development pursuant to its Charter and Home Rule <br />Authority. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br />Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and are <br />incorporated herein by reference as if they are fully set forth herein. <br />Section 2. Authorizing,the Sale and Assignment of TDRs from NDPRE #14, LLC to 43 SIB <br />LLC. The City Commission hereby approves the sale and assignment of Transfer of Development <br />Rights ("TDRs") in the amount of 283 square feet of FAR and zero (0) dwelling units from a <br />Private TDR Bank account designated for NDPRE #14, LLC to 43 SIB, LLC. SIB, LLC shall <br />submit to the City payment in full in the amount of Thirty -Five Thousand Three Hundred Seventy - <br />Five Dollars ($35,375.00) within ten (10) business day from the approval of this Resolution, if <br />payment is not received, TDRs Sale and Assignment is void and null. <br />Section 3. Authorizing the Withdrawal and Assignment of TDRs. The City Commission <br />hereby authorizes the Development Services Director to withdraw 283 square feet of FAR and zero <br />(0) dwelling units from the Private TDR Bank account designated for NDPRE #14, LLC and to <br />assign 283 square feet of FAR for the development project for the property located at 17749 Collins <br />Avenue Unit 4301, Sunny Isles Beach, Florida approved under Zoning Resolution No. <br />Section 4. Directive to Development Services Director. The Development Services Director <br />or their designee is hereby directed to adjust the Private TDR Bank account designated for NDPRE <br />#14, LLC to reflect the withdrawal ot—IT)Rs in the amount of 283 square feet of FAR and zero (0) <br />dwelling units according to Zoning Resolution No. . Pursuant to the Land Donation <br />and Transfer of Development Rights Agreement between the City and NDPRE #14, LLC, the City <br />will sell NDPRE #14 LLC's TDRs at $125 per square foot and shall pay to NDPRE 414 the amount <br />of proceeds from such sale within thirty ('30) days of the closing. <br />Section 5. Authority of the City Manager and City Attorney. The City Manager and City <br />Attorney are hereby authorized to do all things necessary to effectuate this Resolution. <br />Section 6. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and <br />are hereby repealed. <br />Section 7. Effective Date. This Resolution shall become effective upon adoption. <br />PASSED AND ADOPTED this 15 1h day of July 2( <br />George H. Scholl, Mayor <br />2 <br />