Reso 2007-1102 - Laserfiche WebLink

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City Commission May 9, 2007 Page 2 project, 95 of the units are subject to the 6 months occupancy restriction and 5 of the units are not subject to the restriction. In other words, the Marina Bay project consists of 95 transient apartment-hotel units and 5 condominium units. The Manager's apartment is included in the 95 transient apartment-hotel units because there is nothing in the approval Resolution or an unrecorded Declaration of Restrictions which restricts the use of the unit for office use. In fact, the Resolution or Declaration of Restrictions does not reflect a commercial unit being approved as part of the project. . The zoning history also reflects confusion about the number of units approved for the project. The Declaration of Condominium indicates the project consists of 100 units. A copy of the Declaration is attached. The site plan indicates ] 00 units with one of the units designated as Manager's apartment. The impact fees documents indicate 100 units. The developer of Marina Bay claims that they have paid impact fees and other fees for 100 units. Copies of the impact fees documents are attached. The building permit fee application indicates 100 units. The application is attached. Documents from DERM indicate 102 units and 99 units. A copy of the pertinent documents is attached. Overall, the 100 units seems to be a consistent number in most of the documents. Code Enforcement History Upon investigation, the City had determined that Marina Bay had violated the City Code by exceeding the 5% occupancy rule and failing to comply with the City's reporting requirements relating to the rule. On February 7, 2006, the City initiated enforcement action against Marina Bay with the issuance of two warning notices for failing to comply with requirements of the 5% rule. The warning notices are attached. Upon further investigation, the City had determined that the Manager's apartment had been sold to a husband and wife ("buyers") in 2003. The buyers purchased the unit in good faith with no notice or actual knowledge that the unit was designated as a transient apartment for the Manager. A copy of the letter from the buyers' attorney is attached, The City had initially demanded that the apartment be converted to office use. The buyers' attorney objected because his clients had purchased the unit through the proper legal channels. The buyer's attorney further stated that he intended to bring legal action against all the parties to remedy problems experienced by his clients in the purchasing the unit. The City did not issue a code violation for the sale of the unit because the sale of the unit was not prohibited by the Resolution, the Declaration of Restrictions or any other document. Settlement Offer At this time, Marina Bay has come into compliance with the 5% occupancy rule. To settle all disputes relating to the occupancy restriction and the sale of the Manager's apartment, the developer of Marina Bay agrees to donate $225,000.00 to the City for public purposes. Twenty Five Thousand ($25,000.00) will go to the non-profit school committee, which is organized to raise funds for the new school. A copy of the offer letter is attached. The funds will be provided within ten (10) days of the approval of the settlement agreement by the City Commission.