HomeMy WebLinkAboutReso 2014-2181RESOLUTION NO. 2014 - 216 1_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA; APPROVING THE ASSIGNMENT
OF 76,232 SQUARE FEET AND 39 DWELLING UNITS OF TRANSFER
OF DEVELOPMENT RIGHTS ( "TDRs ") FROM ABUS, LLC ("ABUS")
A /K/A CHATEAU DEVELOPMENT GROUP, LLC TO SUNNY ISLES
PROPERTY VENTURE LLC ( "VENTURE "); PROVIDING FOR
INSTRUCTIONS TO THE CITY'S ZONING ADMINISTRATOR;
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, Abus, LLC ( "Abus ") also known as (a/k/a) Chateau Development Group,
LLC currently owns 76,232 square feet of TDRs and thirty -nine (39) units in a TDR bank
established by the City of Sunny Isles Beach ( "City "); and
WHEREAS, the TDRs owned by Abus is encumbered by an agreement to pay the City
the total sum of $1,484,940.00 for the removal of a use restriction imposed on the TDRS in
question and the remaining balance under the agreement is $500,000.00 as reflected in the
attached Exhibit "A "; and
WHEREAS, on or about January 2, 2014, Abus entered into an assignment of transfer of
development rights with Sunny Isles Property Venture LLC (`Venture ") wherein Abus assigned
and transferred 76,232 square feet of TDRs and thirty -nine (39) units to Venture as assignee;
and
WHEREAS, the City has reviewed the assignment agreement between Abus and
Venture and has no objection to the assignment of 76,232 square feet of TDRs and thirty -nine
(39) units to Venture provided that payment of $500,000.00 is made to the City; and
WHEREAS, the City Commission wishes to approve the assignment provided that a
payment of $500,000.00 is made to the City within three (3) business days of approval of this
Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Assignment. The City Commission hereby approves the assignment
of 76,232 square feet of TDRs and thirty nine (39) units from Abus, LLC, a /k/a Chateau
Development Group, LLC assignor, to Sunny Isles Property Venture LLC, assignee, provided
that $500,000.00 payment is made by Abus, LLC to the City within three (3) business days of
approval of this Resolution. If payment is not received by the City during this period, the
assignment is declared null and void.
Paee I of'2
Section 2. Instructions to Zoning Administrator. The City Commission hereby directs the
City's Zoning Administrator to create a TDR bank account in the amount of 76,232 square feet
of TDRs with thirty -nine (39) units for Sunny Isles Property Venture LLC provided that payment
is made by Abus, LLC within three (3) business days of approval of this Resolution.
Section 3. Authority of the City Manager and City Attorney. The City Manager and the City
Attorney are authorized to do all things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 16`x' day of January, 2014.
ATTEST:
Jane A. Hines. MMC, City Clerk
APPROVED AS TO FORM
AND t.- "SL�t7FICIENCY:
Attorney
Vote: S—b
N rman S. Edelcup, Mayor
Moved by: Cum Inn ,sSt
Seconded by: (2,\ivr L&S .1D*� T�
Mayor Edelcup
(Yes)
(No)
Vice Mayor Aelion
(Yes)
(No)
Commissioner Gatto
i /Yes)
(No)
Commissioner Levin
i Yes)
(No)
Commissioner Scholl
Yes)
(No)
Page 2 of 2
March 27, 2012.
City Commission � ar•auN *�
Norman S. Edelcup Via E' -Mail & Us Mail
Mayor
Lewis J, Thaler
Clifford Schulman, Esq..
'Ace Mayor
Weiss Serota Helfnnan Pastoriza Cole & Boniske
ISO= Aelion
Commissioner
2525 Ponce de Leon Blvd, Suite 70.0
Coral Gables, FL 33134
Jedraefta Gaffio
�drnmiseiionBf
Gtorge "Bud" schail
Re: Revised Letter: Release of Use Restriction on Developmentightts
Commirdomr
Dear Mr. Schulman:
Atbn J. Cohen
City Manager
This letter shall confirm the agreement between the City of Sunny Isles Beach
Hams 41tinor
( «Cif,,) and Chateau, Beach, LLC ( "Chateau Beach ") riegarding.to release of a Use
City Morpey
restriction for 98,996 square, feet of transfer development rights C ''DRs ") -and
Jane A. Hines
city Clerk
(50) units that will be assigned to the Chateau Beach. The City and Chateau Beach
agree to the following terms, subject to the approval of the City Commission:
(1) As consideration for deleting the use restriction, -the Chateau Beach
agrees to pay the City'the suns of $1,484,940.00 for the release ofth-o use
restriction for 98,996 square feet of TDRs. The released price is fifteen
($15) dollars per square feet.
(2) .Chateau Beach agrees to pay the $1,484,940.00 in three (3) installment
payments within a two (2) year period. Within three (3) days of approval
of the release of the use restriction by the City Commission, Chateau
Beach agrees to make an initial payment of $484,940,00 to the City.
Within one (1) year of the aforementioned .initial payment, Chateau
Beach shall make a payment of $500,000.00 (hereinafter referred as the
"Second Payment ") to the City. The final payment of $500,000.00 shall
be due within one (1) year of the Second Payment. All payments shall
be made to Finance Department of the City of Sunny Isles Beach,
(3) During the two (2) year installment period herein, Chateau Beach may
use or sell for development purposes only the TDRs that have been fully
paid for under the installment payment agreement.
Please confirm the foregoing agreement between the parties by executing where
indicated below and returning a fully executed copy for our records at your earliest
convenience. Thin agreement may be executed in cotmterparts, each of which taken
EXHIBIT "A"
O
OF $04
together shall constitute one and the same original and facsimile or email coples,shall
constitute an original,
City Attorney
/attachments
Ha /jb
cc: The Honorable City. Comrrfission
Alan J. Cohan, City Manager
Sharon Ragoonan, Asst, City Manager/ Services
Minal Shah, Asst. City Manager/Finance
Manuel 4rosskopf
Claudia Hasbun, Planner
DATED: March 27, 2011
Prepared by:
HUNTON & WILLIAMS LLP
1111 Brickell Avenue, Suite 2500
Miami, FL 33131
Attention: Robert S. Rausch, Esq.
ASSIGNMENT OF TRANSFERABLE DEVELOPMENT RIGHTS
KNOW ALL MEN BY THESE PRESENTS, that Chateau Development Group, LLC, a Florida
limited liability company, f/k/a Abus, LLC ( "Assignor "), for and in consideration of the sum of Ten and
No /00 Dollars ($10.00), and other good and valuable consideration paid and received at or before the
ensealing and delivery of these presents in Miami -Dade County, State of Florida, the receipt and
sufficiency of which are hereby acknowledged and accepted, does hereby grant to Sunny Isles Property
Venture LLC, a Delaware limited liability company ( "Assignee "), its heirs, successors, agents or assigns,
76,232 square feet of Transfer of Development Rights ( "TDRs ") and 39 corresponding units held in an
account designed for and held for Assignor, with the City of Sunny Isles Beach, Florida.
WHEREAS, Assignor has on deposit in TDR Bank with City of Sunny Isles Beach, Florida, the
amount of 76,232 square feet of TDRs and 39 corresponding units in an account for the benefit of
Assignor as owner of same.
NOW, THEREFORE, in consideration of the mutual promise and exchange between the parties
and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree and stipulate as follows:
1. The above recitals are true and correct and are incorporated herein by reference,
2, Assignor upon execution of this Assignment, hereby assigns and transfers 76,232 square
feet of TDRs and 39 corresponding units to Assignee, its heirs, successors, or agents.
TO HAVE AND TO HOLD, the same unto the said Assignee, its heirs, legal representatives,
administrators and assigns forever.
[Signature page follows]
80903.000002 £MF_US 48643897x4
IN WITNESS WHEREOF, the party herein has caused this Assignment of Transferable
DpWlopment Rights to be executed by its duly authorized representative freely and voluntarily on this
'A?1*, day of December, 2013.
WITNESSED: ASSIGNOR t
c �'J
Signature- CH DEVE EN OU , LLC, a
Print Name: xrC, Flo da i fliabi m y !k! Abus, LLC
Signature: Name:
Print Name:*" W Title: Manager
STATE OF FLORIDA )
) SS,
COUNTY OF MIAMI -DADS )
The foregoing instrument was acknowledged before m this day of December, 2013 by
Manuel Grosskopf as Manager of Chateau Development Gro , LLC, a Florida limited liability company,
f/k/a Abus, LLC, on behalf of the company, !le /she (� is personally known to me or has
produced a as identification.
Notary Pub1 I t�
Print Name: t
Commission expires:
SEAL
DIXIEBARRENEDHE
*FF042405
X
mY COMMISSION
August A. 2017
EXPIRES
5WfVCwcom FI.AdaN o+Y
WITNESSED: ASSIGNEE:
Signature- V2114 SUNNY ISLES PROPERTY VENTURE LLC, a Delaware
Print N e; rr n i-er rcr limited liability p y
Signature: By:
Print Name: 1 • 622h 2&CG -L Eduardo hnery,
Authorized Person
STATE OF
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this
Eduardo Imery, as a person authorized to act on behalf of Sunny Isles rd
limited liability company, on behalf of the comBany, who is pe;
produced a W1 entification and who did
a
Print Name: 1
3j-)_
Commission expires:
SEAL
day by
Venture LLC, a Delaware
all own to me or �)
take n oath.
E
.� SOWN PED144
Koury PaeNe - Sla
• My Con. Eaplroa
Cann>tbabn I E1o11ad iiMOapR Ig1i0rt
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
This Indemnification and Hold Harmless Agreement dated this J!j_ day of December, 2013, by
Chateau Development Group, LLC, a Florida limited liability company, f/k/a Abus, LLC ( "CDG "), and
Sunny Isles Property Venture LLC, a Delaware limited liability company ( "SIPV ") in favor of the City of
Sunny Isles Beach, Florida (the "City "),
WITNESSETH:
WHEREAS, CDG has assigned to SIPV the 76,232 sq. ft. of Transfer of Development Rights
( "TDRY') and 39 corresponding units held in an account designated and held for the benefit of CDG
with the City; and
WHEREAS, CDG and SIPV have agreed to indemnify and hold harmless the City as hereinafter
provided;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other
good and valuable consideration, the receipt of which is hereby acknowledged, the parties do hereby
agree as follows:
1. The above recitals are true and correct and are incorporated herein,
2. CDG has assigned to SIPV the 76,232 sq, ft. of TDR's and 39 corresponding units which
are held in an account for the benefit of CDG with the City.
3. CDG waives any claims against the City arising as a result of the transfer of the TDR's
from CDG to SIPV and SIPV agrees and does hereby indemnify and hold harmless the City from any
liability as to any claims that may arise between SIPV and CDG or any private parties as a result of the
transfer of the TDR's from CDG to SIPV.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year
First above written.
(See Separate Signature Pages)
80903.000002 EMF US 48645777v4
WITNESSED:
S
P
!'r
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI -DARE )
ASSIGNOR
DEVELOPMENI� LLC, a
!d liabilitk gompa a us, LLC
NameName: a
Title: Manager
The foregoing instrument was acknowledged before me this A day of December, 2013 by
Manuel Grosskopf as Manager of Chateau Develop5w4t Group, LLC, a Florida limited company, f/kla
Abus, LLC, on behalf of the company, who is (personally known to me or U has produced a
as identification and who did not take an oath.
Notary P
'OR •
Print Name: ixcE
Commission expires:
SEAL
� DIXIE BARRENECHE
t�`'t"
MY COMMISSION #FF042405
EXPIRES August 4. 2017
40 30.010
►Io�w�Na S•MOft Oom
WITNESSED:
ti
Signatur
Print N ne: e-r O !' fir rll
Signature:
Print Name: L -z
STATE OF
COUNTY OF
) SS
)
ASSIGNEE:
SUNNY ISLES PROPERTY VENTURE LLC, a Delaware
limited liability �a�—
C By:
Eduardo Imery,
Authorized Person
The foregoing instrument was acknowledged before me this '
Eduardo Imery, as a person authorized to act on behalf of Sunny Isles 1
limited liability company, on behalf of the com any,- who Is pe
produced a entificAon and who did
NoLAtj'Public
Print Name: 1�1 t,2
Commission expires:
SEAL
IL k
.�
day of jr aw R er, Pd by
Venture LLC, a or
all own to me or (�)
tak n oath.
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
(305) 947 -2150 Building Department
(305) 947 -5107 Fax
MEMORANDUM
TO: Alan J. Cohen, City Manager
FROM: Claudia Hasbun, Planner
DATE: April 23, 2012
RE: Abus, LLC (Chateau Beach)
Resolution No. 2012 -1898
City COMI'Visdut;
Norman S. Edelcnp, Mayor
Lewis J, Thaler, Via Mayor
Jeanette Gatto, Commissioner
Isaac Aelion, Commiuioncr
George "Bud" Scholl, Commissioner
Alan J. Cohen, Coy Manager
Hans Ottlnot, 00Aeromy
Jane A. Hines, City Clerk
CC: Hans Ottinot, City Attorney
Sharon P. Ragoonan, Assistant City Manager /Community Development Director
Jane Hines, City Clerk
Minal Shah, Assistant City Manager, Finance Division
Michael Quesada, Controller
Attached is a copy of the check #1007 submitted by Chateau Ocean, LLC a /k /a Abus, LLC
regarding the transfer fee for removal of the use restriction stipulated under City Resolution 2012-
1898, this is the first installment payment. Check has been submitted to Finance Department for
processing.
Please let me lmow if you have any questions.
CHATEAU OCEAN LLC
P o BOX 011510
NORTH MIAMI, FL 33261
HSBC BANK USA, N.A.
63939/870
4/20/2012
1007
PAY TO THE City Of Sunny Isles Beach I $ **484,940.0
ORDER O,
Four Hundred Eighty-Four-Thousand Nine Hundred Forty and
City Of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Fl. 33160
MEMO Release of use TDR'S (Z-tTc, 4=1Z. -18Rt
m
0
0
0
DOLLARS
v
N
a
N
Claudia Hasbun
From:
Claudia Hasbun
Sent:
Tuesday, January 07, 2014 4:09 PM
To:
Hans Ottinot
Subject:
Abus payment confirmation
Claudia Hasbun
Zoning Administrator /Planning Manager
Community Development Department
City of Sunny Isles Beach
18070 Collins Avenue
Sunny isles Beach, FL 33160
Phone 305.792.1757
Cell 786.390.0951
Fax 305.792.1569
chasbun @slbfl.net
0
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TO:
VIA:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949.3113 Fax
MEMORANDUM
The Honorable Mayor and City Commission
Christopher J. Russo, City Manager
FROM: Claudia Hasbun, Zoning Administrator /Planning Manager
DATE: 1/16/2014
RE: Assignment of Private Transfer of Development Rights (TDRs)
bank from Abus, LLC ( "Abus ") to Sunny Isles Property Venture,
LLC ( "Venture)
RECOMMENDATION:
This Resolution is presented for your consideration.
REASONS:
Abus currently owns 76,232 square feet of TDRs and 39 units in a TDR bank
established by the City. This TDRs account owned by Abus is encumbered by an
agreement to pay the sum of $1,484,940 for the removal of a use restriction
imposed on the TDRs. As of today Abus has paid to the City the amount of
$984,940. Abus has entered into an assignment of transfer of development rights
with Venture wherein Abus assigned and transferred 76,232 square feet of TDRs
and 39 units to Venture as assignee. Staff has reviewed the assignment
agreement and has no objection to the assignment provided that payment of
$500,000 is received by the City within three (3) business day of approval of this
Resolution.
ATTACHMENTS:
. Resolution
Agenda Item No.IOG
Date 1/16/2014
117