Reso 2022-3289 - Laserfiche WebLink

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RESOLUTION NO. 2022- � F{J 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A LETTER AGREEMENT WITH BEACH CLUB ACQUISITION LLC, TERMINATING THE TRIPLE NET LEASE WITH THE CITY AND ACCEPTING THE PROPERTY, AND ANY IMPROVEMENTS THEREON IN "AS IS" CONDITION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LETTER AGREEMENT AND UTILIZE THE IMPROVED STRUCTURE ON THE PROPERTY FOR A MUNICIPAL PURPOSE AND TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on or about April 4, 2014, Beach Club Acquisitions, LLC ("Beach Club") submitted an application to the City of Sunny Isles Beach, Florida ("City") requesting approval to construct a temporary sales center office ("Improvements") at the property located at 215 185th Street, Sunny Isles Beach, Florida ("Property") for the project currently known as Turnberry; and WHEREAS, pursuant to Resolution 2014-2230, the City approved the application submitted by Beach Club subject to certain conditions, including a requirement that Beach Club remove the Improvements no later than sixty (60) days after Temporary Certificate of Occupancy was issued for Turnberry; and WHEREAS, by Zoning Resolution 14-Z-143 adopted July 31, 2014, the City Commission approved the Turnberry project, which included an agreement by Beach Club to donate the Property to the City in exchange for transferable of development rights ("TDRs"); and WHEREAS, on July 29, 2016, pursuant to the aforementioned Resolution, the City acquired title to the Property; and WHEREAS, on the above referenced date, the City and Beach Club entered into a Triple Net Leaseback Agreement ("Lease"), whereby Beach Club would lease the Property from the City subject to the terms and conditions contained therein, including that the City shall be deemed the owner of all alterations to the property, except for the Improvements constructed on the Property; and WHEREAS, the lease was amended on July 24, 2017, and again on September 9, 2019; and WHEREAS, the City and Beach Club now wish to terminate the Lease, however, the City administration believes it would be in the best interest of the City to maintain the Improvements on the Property so that it can be used for a municipal purpose; and WHEREAS, Beach Club has agreed to surrender, and the City has agreed to accept, the Property with the Improvements in "as is" condition, and in consideration, Beach Club shall pay to the City One Hundred Fifty -Five Thousand Six Hundred Ten Dollars ($155,610.00); and @BCL@FCOE7CA3.doc Page 1 of 2 107