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<br />,- <br /> <br /> <br />TO: <br /> <br />FROM: <br /> <br />DATE: <br /> <br />RE: <br /> <br />City of Sunny Isles Beach <br />18070 Collins Avenue, Suite 250 <br />Sunny Isles Beach, Florida 33160 <br /> <br />(305) 947-0606 City Hall <br />(305) 949-3113 Fax <br />(305) 947-2150 Building Department <br />(305) 947-5107 Fax <br /> <br />City Commission <br />Norman S. Edelcup, Mayor <br />Lewis J. Thaler, Vice Mayor <br />Gerry Goodman, Commissioner <br />Roslyn Brezin, Commissioner <br />Danny Iglesias, Commissioner <br /> <br />A. .John Szerlag, City Manager <br />Hans Ottinot, City Allorney <br />,Jane A. Hines, CMC, City Clerk <br /> <br />MEMORANDUM <br /> <br />The Honorable City commissi~ <br /> <br />Hans Ottinot, City Attorney tfr'\ - <br /> <br />June 7, 2007 <br /> <br />Proposed modification to Resolution No. 2006-891 <br /> <br />RECOMMENDATION: <br /> <br />This proposed modification to Resolution No. 2006-891 is presented for your consideration and <br />approval. <br /> <br />REASONS: <br /> <br />Pursuant to Resolution No. 03-Z-75, the City Commission approved the application submitted by <br />La Mansion, LLC, for the transfer of development rights ("TDRs") for 54,385 square feet of <br />floor area to the receiving site located at 19505 Collins A venue. The developer of the receiving <br />site, Regalia, LLC, agreed to purchase the TDRs from the City at the total price of $4,500,206.86 <br />in accordance with Resolution No. 2006-891. <br /> <br />In accordance with Resolution No. 2006-891, Regalia, LLC, is required to pay the above stated <br />amount upon issuance of the building permit. However, as part of a proposed agreement with <br />the City, Regalia, LLC, agrees to pay for 38,847 square feet of TDRs upon issuance of the <br />building permit, as this represents the actual number of TDRs used to develop the condo~inium <br />project. Regalia, LLC, further agrees to pay the remaining 15,538 square feet of TDRs 'pi-ior to <br />1) October 1, 2008, or 2) issuance of a temporary certificate of occupancy, or 3) issuance of final <br />certificate of occupancy, whichever event occurs first. The City has determined the price of the <br />remaining TDRs to be $1,285,614.12. Regalia, LLC, has agreed to provide a corporate <br />guarantee for the remaining TDRs. <br /> <br />Regalia, LLC, agrees that, upon issuance of the building pemlit, the outstanding payment amount <br />shall accrue interest at the annual percentage rate of 7%. Finally, .. Regalia, LLC, agrees to <br />provide, if feasible, the City with a wireless infrastructure ("wifi") easement on the property, <br />allowing the City to provide wireless telecommunications services to the public. <br /> <br />Agenda Item <br /> <br />Date <br />