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RESOLUTION NO. 2026 - J 6 <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, <br />FLORIDA, APPROVING THE TERMS AND CONDITIONS OF A PROMISSORY NOTE <br />FOR THE PAYMENT OF TRANSFERABLE DEVELOPMENT RIGHTS (TDRs) IN THE <br />AMOUNT OF FIVE MILLION TWO HUNDRED SIXTY-NINE THOUSAND NINE <br />HUNDRED SEVEN DOLLARS AND NO CENTS ($5,269,907.00), FOR THE PHASE I <br />(SOUTH TOWER) PORTION OF THE APPROVED SITE PLAN APPLICATION (PZ2015- <br />16) SUBMITTED BY LA PLAYA BEACH ASSOCIATES, LLC, FOR THE PHASED PROJECT <br />ENTITLED "LA PLAYA BEACH" FOR THE PROPERTY LOCATED AT 18801 AND 18805 <br />COLLINS AVENUE; PROVIDING THE CITY MANAGER WITH THE AUTHORITYTO DO <br />ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR <br />SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. <br />WHEREAS, La Playa Beach Associates, LLC (the "Applicant") submitted a site plan <br />application (PZ2015-16), to the City of Sunny Isles Beach, Florida ("City"), for the project entitled <br />"La Playa Beach" ("Application"); and <br />WHEREAS, pursuant to Resolution No. 15-Z-156, Resolution No. 16-Z-158, Resolution No. <br />22-Z-189, and Resolution No. 25-Z-209, the City Commission approved the Applicant's site plan <br />application (PZ2015-16) and Applicant's request for a payment agreement, in the form of a <br />Promissory Note, for the approved FAR bonuses and City's TDRs, not paid -in kind, over a period <br />of time and on terms approved by the City Commission; and <br />WHEREAS, the Applicant's proposed Promissory Note for TDRs for the Phase I (South <br />Tower) is for an indebtedness of $5,269,907.00, together with annual interest accruing from the <br />issuance of the below grade or master building permit, whichever occurs first, at a rate of Prime <br />plus one-half percent (0.5) per annum, with the Applicant making quarterly interest payments to <br />the City until the Promissory Note is paid in full; and <br />WHEREAS, the Applicant is seeking the City Commission's approval of the terms and <br />conditions for Applicant's Promissory Note; and <br />WHEREAS, the City Commission has reviewed the terms and conditions of the Applicant's <br />Promissory Note for the payment of City's TDRs and hereby finds that the payment terms and <br />conditions of the Promissory Note is acceptable to the City Commission and in compliance with <br />the City's Land Development Regulations, and further finds that the terms and conditions of <br />Applicant's Promissory Note should be approved. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY <br />ISLES BEACH, AS FOLLOWS: <br />Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and <br />confirmed as being true and the same are hereby made part of this Resolution. <br />@BCL@8014EF2B Page 1 of 2 93 <br />