HomeMy WebLinkAboutReso 2026-3995RESOLUTION NO. 2026 - 0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING THE TERMS AND CONDITIONS OF A PROMISSORY NOTE
FOR THE PAYMENT OF APPROVED FLOOR AREA RATIO (FAR) BONUSES IN THE
AMOUNT OF FIVE MILLION NINE HUNDRED FORTY-NINE THOUSAND FIVE
HUNDRED SEVENTY-NINE DOLLARS AND NO CENTS ($5,949,579.00), FOR THE
PHASE II (NORTH TOWER) PORTION OF THE APPROVED SITE PLAN APPLICATION
(PZ2015-16) SUBMITTED BY LA PLAYA BEACH ASSOCIATES, LLC, FOR THE PHASED
PROJECT ENTITLED "LA PLAYA BEACH" FOR THE PROPERTY LOCATED AT 18801
AND 18805 COLLINS AVENUE; PROVIDING THE CITY MANAGER WITH THE
AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, La Playa Beach Associates, LLC (the "Applicant") submitted a site plan
application (PZ2015-16), to the City of Sunny Isles Beach, Florida ("City"), for the project entitled
"La Playa Beach" ("Application"); and
WHEREAS, pursuant to Resolution No. 15-Z-156, Resolution No.16-Z-158, and Resolution
No. 22-Z-189, the City Commission approved the Applicant's site plan application (PZ2015-16)
and Applicant's request for a payment agreement, in the form of a Promissory Note, for the
approved FAR bonuses and City's TDRs, not paid -in kind, over a period of time and on terms
approved by the City Commission; and
WHEREAS, in 2025, due to the phased nature of the Project, the Property was divided
into two separate folios, with a Declaration of Restrictive Covenants in Lieu of Unity of Title
approved by the City and recorded in the public records, resulting in the Property being identified
as located at 18801 and 18805 Collins Avenue; and
WHEREAS, each of the two phases of development of the Property will be owned by
separate legal entities, to wit, La Playa Beach Associates, LLC, owning the Phase I/South Tower
portion of the Property, and La Playa 2, LLC, owning the Phase II/North Tower portion of the
Property; and
WHEREAS, pursuant to Resolution No. 2026 - , the City Commission authorized
the transfer of TDRs from La Playa Beach Associates, LLC to La Playa 2, LLC, in the amount of One
Hundred Thirty -Seven Thousand Nine Hundred Seventy -Seven and Twenty -Six Hundredths
(137,977.26) square feet of floor area and Fifty -Eight (58) dwelling units, representing a TDR value
of Seventeen Million Two Hundred Forty -Seven Thousand One Hundred Fifty -Eight Dollars and
No Cents ($17,247,158.00), for the Phase II/North Tower portion of the Property; and
WHEREAS, La Playa 2, LLC's proposed Promissory Note for FAR bonuses for the Phase II
(North Tower) portion of the approved site plan application (PZ2015-16) is for an indebtedness
of $5,949,579.00, together with annual interest accruing from the issuance of the below grade
or master building permit, whichever occurs first, at a rate of Prime plus one-half percent (0.5)
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per annum, with the Applicant making quarterly interest payments to the City until the
Promissory Note is paid in full; and
WHEREAS, La Playa 2, LLC is seeking the City Commission's approval of the terms and
conditions for Applicant's Promissory Note; and
WHEREAS, the City Commission has reviewed the terms and conditions of La Playa 2, LLC's
Promissory Note for the payment of bonuses and hereby finds that the payment terms and
conditions of the Promissory Note is acceptable to the City Commission and in compliance with
the City's Land Development Regulations, and further finds that the terms and conditions of La
Playa 2, LLC's Promissory Note should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and
confirmed as being true and the same are hereby made part of this Resolution.
Section 2. Approval. La Playa 2, LLC's request for the approval of the terms and conditions
of its Promissory Note for the payment of previously approved FAR bonuses for an indebtedness
of $5,949,579.00, together with annual interest from the execution date of the Promissory Note,
at a rate of Prime plus one-half percent (0.5) per annum, with La Playa 2, LLC making quarterly
interest payments to the City until the Promissory Note is paid in full, for the for the Phase II
(North Tower) portion of the approved site plan application (PZ2015-16), is hereby approved.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this
Resolution is, for any reason, held invalid or unconstitutional by any Court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provisions and
such holding shall not affect the validity of the remaining potions of this Resolution.
Section 5. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and
are hereby repealed.
Section 6. Effective Date. This Resolution shall become effegfive upon adoption.
PASSED AND ADOPTED this 19th day of P) larch, 206.
Larisa Svechin, Mayor
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102
ATIT
MauriciokBetancur,`CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Alain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved by: Cow li&'51 - . .-..vlwsu-
�ir��
Vote:
Mayor Svechin ✓ Yes) (No)
Vice Mayor Viscarra —!,Yes) (No)
Commissioner Joseph (Yes). (No)
Commissioner Lama Yes) (No)
Commissioner Stuyvesant (Yes) (No)
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PROMISSORY NOTE FOR NORTH TOWER
(FAR Bonus Payment)
202
FOR VALUE RECEIVED, LA PLAYA 2, LLC, a Delaware limited liability company
("Maker"), with its principal address at 1300 Brickell Avenue, Miami, Florida, 33131,
unconditionally promises to pay to the order of CITY OF SUNNY ISLES BEACH, a Florida
municipal corporation ("Payee" or the "City"), located at 18070 Collins Avenue, Sunny
Isles, Beach, FL 33160, the principal amount of Five Million Nine Hundred Forty -Nine
Thousand Five Hundred Seventy -Nine and 00/100 Dollars ($5,949,579.00) in lawful money
of the United States of America, (the "Principal Amount"), together with interest on the
unpaid principal balance from the date of this Promissory Note ("Note"), at the rate of Prime
plus a half percent (0.5%) per annum. As used herein "Prime" refers to the rate published in
the Wall Street Journal as the prime rate. Interest on this Note will change with each change
in the prime rate so published. Interest shall be computed for the actual number of days
which have elapsed, on the basis of a 365-day year.
The Principal Amount, together with all accrued and unpaid interest hereunder shall be
due and payable no later than ninety (90) days after the date of issuance of a Temporary
Certificate of Occupancy for any unit or area within the North Tower (hereinafter defined).
(the "North Tower Maturity Date").
Subject to the last sentence of this paragraph, interest under this Note shall begin to
accrue upon the issuance of the below grade or master building permit; whichever occurs
first, for the North Tower (the "Building Permit") for the phased project commonly known as
"La Playa Beach" approved under City Resolution Nos. 22-Z-189, 16-Z-158, and 15-Z-156
with Transfer of Development Rights and consisting of the North Condominium Tower
Phase (the "North Tower") and the South Condominium Tower Phase. Thereafter, Maker
shall pay quarterly interest payments to Payee for the balance of the Principal Amount until
this Note is paid in full. Notwithstanding anything to the contrary contained in this Note, if
the Principal Amount, together with all accrued and unpaid interest thereon, is paid in full
on before that date that is ninety (90) days after the date of issuance of the Building Permit,
then Payee shall waive the payment of any interest due hereunder and no interest shall be due
and payble under this Note.
Attached hereto as Schedule I is the schedule of payments to be paid by Maker to the
City for the FAR bonuses (the "Balance Due") with respect to the development of North
Tower.
The Principal Amount and all accrued and unpaid interest thereon shall be due and
payable on the North Tower Maturity Date. If any payment of interest or principal payment is
not received by the Payee within five (5) days after its due date, Maker shall pay Payee a late
charge equal to five percent (5.00%) of the overdue payment. If interest or principal payment is
not received by the Payee within thirty (30) days from Payee's written notice to Maker that any
such payment of interest or principal payment is due and payable, the entire balance of principal
Promissory Note — La Playa Associates, LLC (North Tower)
104
payment and accrued interest shall be due to Payee.
If this Note is not paid promptly on the North Tower Maturity Date in accordance with its
terms and is placed in the hands of an attorney for collection, Maker agrees to pay all
reasonable attorney's fees and the costs and expenses of collection of this Note incurred by
Payee.
Maker covenants and agrees that time is of the essence for payments due under this Note.
All agreements between Maker and Payee, whether now existing or subsequently
arising and whether written or oral, are expressly limited so that, in no contingency
whatsoever, whether by reason of acceleration of the North Tower Maturity Date of this Note
or otherwise, shall the amount paid or agreed to be paid to Payee pursuant to the terms of this
Note or otherwise or for the payment or performance of any covenant or obligation contained in this
Note or in any other document evidencing, securing or pertaining to the indebtedness
evidenced by this Note exceed the maximum amount permissible under applicable law. If,
from any circumstance whatsoever, fulfillment of any provision of this Note or other
document, at the time performance of such provision shall be due, shall involve exceeding
the maximum amount permissible by law, then, ipso facto, the obligation to be fulfilled shall
be reduced to the limit validly allowed by law. If Payee shall ever receive, as interest or
otherwise, an amount which would exceed the highest lawful rate of interest, such amount
which would be excessive interest shall be applied to the reduction of the principal amount
owing under this Note or on account of any other principal indebtedness of Maker to Payee and
not to the payment of interest or, if such excessive interest exceeds the unpaid balance of
principal of this Note and such- other indebtedness, such excess shall be refunded to Maker.
The terms and provisions of this paragraph shall control and supersede every other provision
of all agreements between Maker and Payee.
This Note shall be prepayable, in whole or in part, at any time and from time to time
without premium or penalty at the sole option of the Maker, with the amount of the prepayment
being credited first in respect of accrued but unpaid interest and second in respect of principal.
Maker shall not be permitted to assign or transfer its rights and obligations under this
Promissory Note to a third -parry without the prior written consent of the Payee.
Maker shall be responsible for the payment of all Documentary Stamps for this Note.
No invalid provisions of this Note shall affect or impair any other provision. Maker
and each endorser, surety and guarantor acknowledge receipt of a completed copy of this Note.
MAKER AND PAYEE, EACH AFTER CONSULTATION WITH FLORIDA
COUNSEL, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY
RIGHT EACH MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION
ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS NOTE, OR THE
TRANSACTIONS OR OBLIGATIONS UNDER WHICH THIS NOTE WAS DELIVERED,
OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENT (WHETHER
105
ORAL OR WRITTEN) OR ACTIONS OF ANY PARTY RELATING TO THIS NOTE.
MAKER AND PAYEE EACH ACKNOWLEDGE THAT THE PROVISIONS OF THIS
PARAGRAPH ARE A MATERIAL INDUCEMENT TO PAYEE'S ACCEPTANCE OF THIS
NOTE AND MAKER AGREEING TO TERMS OF THIS NOTE.
No amendment, modification, waiver or discharge of this Note, or any provision of this
Note, shall be valid or effective unless in writing and signed by Payee and Maker.
This Note shall be construed in accordance with the internal laws of the State of Florida,
exclusive of its choice of law principles, and any suit, action or proceeding arising out of or
relating to this Note must be commenced and maintained in a court of competent subject matter
jurisdiction in Miami -Dade County, Florida and Maker consents to such jurisdiction and venue
and waives all objections (including, without limitation, forum non conveniens) thereto.
Maker agrees to pay the City's reasonable attorney's fees and costs if the City has to file any
legal action to enforce the Note.
MAKER:
La Playa 2, LLC
By:
Signature
Print Name/Title
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization, this day of 202_ by
of La Playa 2, LLC , a Delaware
limited liability company, on behalf of the company, who is ❑ personally known to me or who
has ❑ produced as identification.
[SEAL]
Notary Public, State of Florida, at Large
Print Name:
My Commission Expires:
(Serial number, if any)
Documentary stamps in the amount of $2,450 due on this Note are being paid directly to the
Florida Department of Revenue.
106
2/10/2026
Phase11
SCHEDULEI
Payment Schedule for FAR Bonuses - North Tower Phase
Bonuses
Promissory Note Phase II
Beach access trust fund
$661,064
Public beach Rec. enhancement
$1,983,193
Collins Ave Steetscape
$1,983,193
Sunny Isles Beach Public Parking
$661,064
Education and Cultural
$ 661,064
Total Bonuses $5,949,579
107
Crrp 4F SSMN Aid
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Amy Canales, Planning and Zoning Director
DATE: March 19, 2026
RE: Terms and Conditions of the FAR Bonuses Promissory Note for the St. Regis
Residences North Tower (Phase 11)
RECOMMENDATION:
This application is consistent with the City's Land Development Regulations.
REASONS:
The Applicant, La PLaya 2, LLC, is requesting approval of the payment agreement terms in the form of
Promissory Notes for the purchase of Transferable Development Rights (TDRs) and development
bonuses for the North Tower/Phase II of the St. Regis Residences (FKA La Playa Beach) development
project (Resolutions 15-Z-156, 2015-2497, 16-Z-158, 2016-2511, 2017-2656, 22-Z-189, and 25-Z-209).
The proposed Promissory Notes are attached and the following are highlights of the note terms:
• The amount due for FAR development bonuses is $5,949,579.00 and the amount due for the
purchase of TDRs is $17,247,158.00, together with interest on each unpaid principal balance, at
the rate of Prime plus one-half percent (0.5) per annum.
• Interest on the note will change with each change in the prime rate published in the Wall Street
Journal.
• The Applicant shall pay quarterly interest payments on the principal amount.
• The principal amount and accrued interest shall be due and payable no later than ninety (90) days
following the issuance of a Temporary Certificate of Occupancy (TCO) for any unit or area within
the proposed St. Regis Residences (FKA La Playa Beach) development project.
• If any payment of interest or principal payment is not received by the City within five (5) days after
Item Number: 9.F
99
its due date, the Applicant shall pay the City a late charge equal to five percent (5%) of the
overdue payment.
ATTACHMENTS:
Resolution
FAR Bonuses Promissory Note - St. Regis North Tower (Phase II)
Item Number: 9.F
100