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HomeMy WebLinkAboutReso 2013-2094 RESOLUTION NO. 2013- 209q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A REQUEST TO EXTEND BUILDING PERMITS ISSUED TO SOLOSER, LLC AS ASIGNEE TO MANSIANA OCEAN RESIDENCES, LLC FOR A PERIOD OF TWO YEARS SUBJECT TO CERTAIN CONDITIONS; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to an Agreed Court Order dated August 1, 2011, and the City of Sunny Isles Beach Resolution No. 2011-1768 which was passed and adopted on September 15, 2011, the City agreed to extend the building permits issued to Mansiana Ocean Residences, LLC ("Mansiana") for a period ending August 28, 2013; and WHEREAS, Mansiana ("Assignor") via Mercantil Commercebank, N.A. f/k/a Commercebank, N.A., assigned the development rights associated with building permits B2007-94 and B2007-95 (the "Permits") to Soloser LLC ("Assignee"), and consequently Soloser LLC is now recognized by the City as the owner of the aforementioned Permits; and WHEREAS, Soloser, LLC, as Asignee, has requested a two (2) year extension for the Permits, and in exchange for this extension, has agreed to the following conditions, including 1) compliance with all terms and conditions imposed by the City's Building Official, and 2) ensuring that the subject property fully complies with the property maintenance standards under the City's Code of Ordinances; and WHEREAS, the City wishes to grant the request to extend the Permits issued to Mansiana and its Assignee, Soloser, LLC for a period of two years subject to the above conditions. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of the Request to Extend Building Permits. The City Commission of the City of Sunny Isles Beach hereby approves the request to extend the Permits issued to Mansiana and its Assignee Soloser, LLC for a period of two years from the current expiration date of August 28, 2013, subject to the following conditions, including 1) compliance with all terms and conditions imposed by the City's Building Official, and 2) ensuring that the subject property fully complies with the property maintenance standards under the City's Code of Ordinances Section 2. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Page I of 2 Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 18th day of July 2013. v ' /LL . Norman S. Edelcup! Mayor ATTEST: • Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND G• L,UFFICIENCY: roloA -17ansr inot, City Attorney Moved by: rrvv �1-IOLL Seconded by: Oij G,I�-1--r-() Vote: S-b Mayor Edelcup _ (Yes) (No) Vice Mayor Aelion ✓(Yes) (No) Commissioner Gatto 1/(Yes) (No) Commissioner Levin ✓ (Yes) (No) Commissioner Scholl / (Yes) (No) Page 2 of 2 SOLOSER LLC. 18101 Collins Avenue — 31st Floor Sunny Isles Beach, Florida 33160 Phone: (305)932-1000 Fax: (305) 705-9948 June 25, 2013 SENT VIA HAND DELIVERY Hans Ottinot City Attorney City of Sunny Isles Beach • 18070 Collins Avenue Sunny Isles Beach, FL 33160 Re: Extension of Building Permit Mansiana Ocean Residences, LLC. 15701 Collins Avenue, Sunny Isles Beach, FL Dear Mr. Ottinot: Thank you for your letter dated June 21, 2013 to the undersigned acknowledging and confirming that Soloser LLC ("Soloser") acquired the "Bundled Rights" rights as a result of the transfer and assignment of the title and_interests of Mercantil Commerce Bank, N.A. ("Commerce Bank") in that certain Note and Mortgage held by Commerce Bank secured by the real and personal property of Mansiana Ocean Residences, LLC("Mansiana"). By Agreed Court Order dated August 1, 2011 and City of Sunny Isles Beach ("City")Resolution No 2011-1768 which was passed and adopted on September 15, 2011, the City agreed to and did in fact extend the building permit(s) issued to Mansiana for a period ending August 28, 2013. I am attaching hereto an executed and acknowledged copy of the (6/21/13) letter per your request. Soloser, as assignee of the Bundled Rights does hereby request from the City an extension of the building permit(s)for a period of twenty four(24) months from the current expiration date of August 28, 2013 to permit Soloser to avail itself of the rights and obligations incident to the building permit(s). In support thereof, I am attaching an executed letter setting forth the justification in support of the extension as a result of the passage of HB 7019 (a copy of which is attached hereto). This extension is timely made and permitted under state law for unexpired building permits. EXHIBIT "A" Upon receipt of this request, please confirm the City's position regarding this matter on or before Tuesday,July 2, 2013. Thank you for your attention to this matter. Car all 7 Warren 1 St mm For the CompiCny WJS:jw End. Cc: Phil Hudson, Esq. L:\SOLIS PROJECT\CORRESPONDENCE AND NOTES AND MEMORANDUM\LETTER-WJS to CSIB Re-Extension of Building Permit-2 (062513).docx June 11 2013 Hans Ottinot City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida, FL 33160 Re: Mansiana Ocean Residences, L.L.C. - Permit Extension Notice Section 24 Ch. 2012-205, Laws of Florida, as amended by HB 7019 City of Sunny Isles Beach Building Permit Dear Mr. Ottinot: On behalf of Manisana Ocean Residences, L.L.C. ("Mansiana"), this serves as the requisite notice to the City of Sunny Isles Beach ("City") under section 24 of chapter 2012-205, Laws of Florida (See Exhibit"1"), as amended by HB 7019 (See Exhibit "2")to have Mansiana's City building permit extended accordingly. By way of background,the City issued a building permit to Mansiana in connection with Mansiana's development of the Solis project located at 15701 Collins Avenue,Sunny Isles Beach, Florida. By Letter Agreement dated August 26, 2009, Mansiana agreed to pay the City for outstanding building permit fees no later than August 26, 2011. (See Exhibit"3"). As referenced in City Resolution No. 2011-1768, by Court Order in a foreclosure action against Mansiana, Mercantil Commerce Bank, N.A., made payment of the outstanding building permit fees and the City was required to extend Mansiana's building permit expiration to August 28, 2013. (See Exhibit "4"). Section 24 of chapter 2012-205, Laws of Florida requires that building permits with an expiration date from January 1, 2012,through January 1, 2014 be extended for two years.The 2 year extension is addition to any existing legislative permit extension but is not to exceed 4 years in total. Subsection 3 of section 24 of chapter 2012-205, Laws of Florida previously provided: The holder of a valid permit or other authorization that is eligible for the 2-year extension must notify the authorizing agency in writing by December 31, 2012, identifying the specific authorization for which the holder intends to use the extension and the anticipated timeframe for acting on the authorization. The Florida Legislature recently passed HB 7019 which amends subsection (3) of section 24 of chapter 2012-205, Laws of Florida to read as follows: The holder of a valid permit or other authorization that is eligible for the 2-year extension must notify the authorizing agency in writing by October 1, 2013 December 31, 2012, identifying the specific authorization for which the holder intends to use the extension and the anticipated timeframe for acting on the authorization. Hans Ottinot City of Sunny isles Beach Page 2. The 2-year extension provided under section 24 of chapter 2012-205, Laws of Florida applies to building permits with an expiration date from January 1, 2012 through January 1, 2014. As the Mansiana City building permit is set to expire within the applicable expiration range then it qualifies for the 2-year extension provided Mansiana timely provides the requisite notice to the City. Accordingly, Mansiana by this timely notice, hereby request that the City extend the expiration date for the Solis building permit from August 28, 2013 to August 28, 2015. We would further request that the City please confirm in writing that Mansiana's building permit for the Solis project has been extended 2 years pursuant to section 24 ch. 2012-205, as amended by HB 7019. If you may have any questions, please do not hesitate to contact my office located at 400 Broome Street New York, NY 10013. Sincerely yours I/ Alex Forkosh 4, Manager, Man ..na Ocean Residences, LLC Enclosures • Sot,NY t,r,, City of Sunny Isles Beach City Commission of 't-'45- T. s� Norman S.Edelcup,Mayor F 18070 Collins Avenue Isaac Aelion,Vice Mayor - . e,. - r ay :,C. :, n Jeanette Gatto,Commissioner G I Sunny Isles Beach, Florida 33160 Jennifer Levin,Commissioner `'' = , (305)947-0606 City Hall George"Bud"Scholl,Commissioner (305)949-3113 Fax ti, '9,» F •O,‘OP S<P (305)947-2150 Building Department Christopher J.Russo,City Manager (./7. ''C' (305)947-5107 Fax Hans Ottinot,City Attorney OF SUS " Jane A.Hines,CMC,City Clerk • MEMORANDUM TO: Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney . 4 DATE: July 18, 2013 • RE: Resolution approving a request to extend building permits issued to Soloser, LLC for two years RECOMMENDATION This proposed Resolution approving a request to extend building permits issued to Soloser, LLC, is presented for your consideration. REASONS Pursuant to an Agreed Court Order dated August 1, 2011, and the City of Sunny Isles Beach Resolution No. 2011-1768 which was passed and adopted on September 15, 2011, the City agreed to extend the building permits issued to Mansiana Ocean Residences, LLC ("Mansiana") for a period ending August 28, 2013. Mansiana ("Assignor") via Mercantil Commercebank, N.A. f/k/a Commercebank, N.A., assigned the development rights associated with building permits B2007-94 and B2007-95 (the "Permits") to Soloser LLC ("Assignee"), and consequently Soloser LLC is now recognized by the City as the owner of the aforementioned Permits. Soloser is also known as Dezer Development. Soloser, LLC, as Assignee, has requested a two (2) year extension for the Permits, and in exchange for this extension, has agreed to the following conditions, including 1) compliance with all terms and conditions imposed by the City's Building Official, 2) ensuring that the subject property fully complies with the property maintenance standards under the City's Code of Ordinances, and 3) make a voluntary park mitigation contribution to the City for installation of new playground equipment at the Intracoastal Park, based on price quotes provided by the City. The City wishes to grant the request to extend the building permits issued to Mansiana and its Assignee, Soloser, LLC for a period of two years subject to the above conditions.