Laserfiche WebLink
<br />Summary Minutes: Special City Commission Meeting November 9, 2011 <br /> <br />Sunny Isles Beach, Florida <br /> <br />Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to adopt the <br />ordinance. Ordinance No. 2011-375 was adopted by a roll call vote of 5-0 in favor. <br />Vote: Commissioner Aelion yes <br />Commissioner Gatto yes <br />Commissioner Scholl ~ <br />Vice Mayor Thaler ~ <br />Mayor Edelcup yes <br /> <br />4. RESOLUTIONS <br /> <br />4A. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving a <br />Purchase Agreement between the City of Sunny Isles Beach and Dezer Development, LLC, <br />and Weintraub Investments, LLC, in Substantially the Same Form as Exhibit "A", Attached <br />Hereto, to Purchase Real Property from the City of Sunny Isles Beach Located at 18080 <br />Collins Avenue; Authorizing the Mayor to Execute Said Agreement, Providing that Said <br />Agreement is Reviewed for Legal Sufficiency by the City Attorney; Authorizing the City <br />Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; <br />Providing for an Effective Date. <br /> <br />Action: City Clerk Hines read the title, and City Attorney Ottinot reported that the City was <br />initially presented with two (2) competing Letters ofIntent from the Weintraub Investment <br />and Dezer Development, and from Shefaor Development to purchase the property located at <br />18080 Collins Avenue, commonly known as the Alamo Site. On November 4,2011, he <br />received a signed Purchase Agreement from Dezer and Weintraub, he received a Letter of <br />Intent from Shefaor Development but did not provide a signed executed Purchase <br />Agreement. As a result, the only party that has a signed executed Purchase Agreement is <br />W eintraub/Dezer. <br /> <br />City Attorney Ottinot said that the important terms of this Purchase Agreement are: the <br />purchase price is $7 Million; the non-refundable deposit, in the initial Letter ofIntent it was <br />$1 Million, in the revised Agreement it appears that at site plan only $200,000 is non- <br />refundable and that is an issue that the Commission probably will want clarification on. <br />Also, with respect to waivers, permit fees, and donation of TDRs, they have requested that <br />we waive permit fees that the City imposes, not the fees imposed by outside agencies. That <br />provision with respect to TDRs, they have requested 33,750 square feet ofTDRs, and there <br />was one minor change in our initial discussion with Weintraub, those TDRs are tied with that <br />site, if they are not used that those TDRs are returned to the City or voided, and that is <br />something that also needs to be clarified. Another point, in the Purchase Agreement with <br />respect to hazardous substances on the property, we had a provision to sell the property as is, <br />that provision was deleted by the lawyers for Dezer and Weintraub. It imposed unlimited <br />responsibility in terms of remediation. It is safe to say that we did conduct a Phase I <br />environmental, no problem has arisen, obviously there is an above-ground gas tank because <br />Alamo refuels cars on that site. In his original contract he had imposed a monetary cap of <br />one percent ifthere needs to be remediation, ifthere is a problem then we need to have some <br />kind oflanguage that says if we can't fix it, then that donation is revocable. <br /> <br />Public Speakers: Cliff Schulman; A vi Weintraub; <br /> <br />2 <br />