Reso 2005-796 - Laserfiche WebLink

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City Commission sa' Ike City of Sunny Isles Beach Norman S.Edelcup Mayor t Lewis J.Thaler V Mayor o �m 17070 Collins Avenue, Suite 250 Roslyn Brain,Commissioner Sunny Isles Beach, Florida 33160 Danny Iglesias,Commissioner Gerry Goodman Commissioner �.: '',4.:449 .y.. �r (305) 947-250 City Hall Christopher J.Russo.City M ger e .% 1305) 947-2150 Building Department Lynn M.Dennheisser,City Attorney p,. o oN .+ (305) 949-3113 Fax Jane A.Hines,Cat Clerk MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Lynn M. Dannheisser, City Attorney DATE: May 12, 2005 RE: Transfer of Development Rights from Porto Bellagio Partners,LLC. Recommendation: It is recommended that the City Commission approve the attached Resolution. Reasons: You will recall, on January 13, 2005, the City Commission accepted conveyance of Tract "D" or 2.417 acres of real property owned by Porto Bellagio Partners, LLC ("Applicant") in exchange for the severance of TDRs. At that hearing, the Applicant proffered back to the City 50% of the TDRs available to it for its transfer to the City of Sunny Isles Beach. The Mayor and Commission accepted that proffer and, in fact, made it a condition of the approval of the transfer. It has now come to my attention that the original resolution (Resolution 2005-755) was issued by the Clerk without any reference to the proffer and City's acceptance of the TDR's (even though the minutes of the meeting did so reflect.) To do this properly, and since no transfer in the bank can or should be made without specific approval of the Commission, and further, inasmuch as any "gift" regardless of nature or sort must be formally accepted by the Commission, attached you will find this resolution which refers back to the originally issued Resolution and officially reflects the acceptance of that donation of the 50% of TDRs. By passage of this Resolution, the City's records will now be complete. . LMD:jb