HomeMy WebLinkAboutReso 2015-2406 RESOLUTION NO. 2015 - 2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AND
ACCEPTING A WARRANTY DEED FOR THE CONVEYANCE OF
LAND FOR PUBLIC PURPOSES FROM TRG SUNNY ISLES VII
WEST,LLC; AUTHORIZING THE RECORDING OF THE DEED
IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA; AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,pursuant to its Home Rule authority under chapter 166,Florida Statutes and its
Charter, the City has the authority to accept properties from private land owners where such
properties are dedicated for public purposes; and
WHEREAS, TRG Sunny Isles VII West, LLC has agreed to execute a statutory warranty
deed to dedicate land to the City for a municipal park and related uses; and
WHEREAS,the City Commission wishes to accept the land the Grantor agrees to dedicate
for a municipal park and related uses.
WHEREAS,the City Commission agrees to lease back the dedicated property to TRG Sunny
Isles VII West, LLC upon the terms and conditions set forth in the Leaseback Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA,AS FOLLOWS:
Section 1. Approval of Warranty Deed. Subject to compliance with City Code, payment of all
existing real estate taxes and transfer fees by TRG Sunny Isles VII West, LLC, and review and
approval by the City Attorney, the City Commission hereby accepts and approves the Statutory
Warranty deed submitted by TRG Sunny Isles VII West, LLC, attached hereto as Exhibit"A".
Section 2. Leaseback Agreement. The City and TRG Sunny Isles VII West,LLC shall enter into
a Leaseback Agreement for the property being dedicated upon the following terms: City shall lease
the dedicated property to TRG Sunny Isles VII West, LLC or its assignee for One Dollar($1.00) a
year for a period of three (3) years from the date of closing; TRG or its assignee shall be able to
operate a Sales Center on the dedicated property.
Section 3. Dedication of Land. The City Commission finds and determines that the property
being dedicated to the City shall be held or used for a public purpose.
Section 4. Recording. The Deed shall be recorded in the public records of Miami-Dade County,
Florida at the sole cost and expense of TRG Sunny Isles VII West, LLC.
Section 5. Authorization of City Manager and City Attorney. The City Manager and the City
Accepting Warranty Deed.doc Page 1 oft
Attorney are hereby authorized to do all things necessary to effectuate the terms of this Resolution.
Section 6. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 16th day of April, 2015.
i
CA4----
George,H. Scholl, Mayor
/
ATTEST:
Jane A. Hines, MMC, City Clerk
APPROVED AS TO FORM
AND L ' OF ICIENCY:
o1
a. � ot, City Attorney
Moved by: N/1' -Q- I Y \4Jrif Ga,4-0
Seconded by: l rr SR(o LVJ I 0
Vote: 5-b
Mayor Scholl V(Yes) (No)
Vice Mayor Gatto t/(Yes) (No)
Commissioner Aelion ✓(Yes) (No)
Commissioner Goldman ✓Yes) (No)
Commissioner Levine V(Yes) (No)
Accepting Warranty Deed.doc Page 2 of 2
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CFN 201580251394-
" OR BE. 29584 Pss 0330 — 337; (Bass)
RECORDED 04/20/2015 13=47:02
HARVEY RUVIH, CLERK OF COURT
• DOCUMENT COVER PAGE MIAMI—DADE COUNTY. FLORIDA
For those documents not providing the required •
space on the first page, this cover page must be attached.
• It must describe the document in sufficient detail to
prohibit its transference to another document.
An additional recording fee for this page must be remitted. •
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(Space above this line reserved for recording office use)
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Document Title: �f S
(Mortgage,Deed, Construction Lien,Etc.)
Executing Party: . G17V OF 13 "AV /JGi5
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Legal Description: -/= 177-4 6-'1 J
(If Applicable)
As more fully described in above described document.
Return Document To"/Prepared By:
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956i /21'0 726t4 .
5-0 4 'j r )Fi 93
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CLK/CT 155 Rev.09/14 Clerk's web address:www.miami-dadeclerk.com (S/
RESOLUTION NO. 2015 - yU.,
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AND
ACCEPTING A WARRANTY DEED FOR THE CONVEYANCE OF
LAND FOR PUBLIC PURPOSES FROM TRG SUNNY ISLES VII
WEST,LLC; AUTHORIZING THE RECORDING OF THE DEED
IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA; AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,pursuant to its Home Rule authority under chapter 166,Florida Statutes and its
Charter, the City has the authority to accept properties from private land owners where such
properties are dedicated for public purposes; and
WHEREAS, TRG Sunny Isles VII West, LLC has agreed to execute a statutory warranty
deed to dedicate land to the City for a municipal park and related uses; and
WHEREAS,the City Commission wishes to accept the land the Grantor agrees to dedicate
for a municipal park and related uses.
WHEREAS,the City Commission agrees to lease back the dedicated property to TRG Sunny
Isles VII West, LLC upon the terms and conditions set forth in the Leaseback Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Warranty Deed. Subject to compliance with City Code,payment of all
existing real estate taxes and transfer fees by TRG Sunny Isles VII West, LLC, and review and
approval by the City Attorney, the City Commission hereby accepts and approves the Statutory
Warranty deed submitted by TRG Sunny Isles VII West, LLC, attached hereto as Exhibit"A".
Section 2. Leaseback Agreement. The City and TRG Sunny Isles VII West,LLC shall enter into
a Leaseback Agreement for the property being dedicated upon the following terms: City shall lease
the dedicated property to TRG Sunny Isles VII West, LLC or its assignee for One Dollar($1.00) a
year for a period of three (3) years from the date of closing; TRG or its assignee shall be able to
operate a Sales Center on the dedicated property.
Section 3. Dedication of Land. The City Commission finds and determines that the property
being dedicated to the City shall be held or used for a public purpose.
Section 4. Recording. The Deed shall be recorded in the public records of Miami-Dade County,
Florida at the sole cost and expense of TRG Sunny Isles VII West, LLC.
Section 5. Authorization of City Manager and City Attorney. The City Manager and the City
Accepting Warranty Deed.doc Page 1 of 2
Attorney are hereby authorized to do all things necessary to effectuate the terms of this Resolution.
Section 6. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 16th day of April, 2015.
George/H. Scholl, Mayor
ATTEST: • .
A.
:C"4.0-* LE-1-
Jane,A. Hines, MMC, City Clerk
APPROVED AS TO FORM
AND L OF ICIENCY:
a �
• ot , City Attorney
Moved by: 1 C,2. &A. { ct�
Seconded by: COMnStCa tow- L 1
Vote: 5-b
Mayor Scholl /Yes) (No)
Vice Mayor Gatto _V(Yes) (No)
Commissioner Aelion ✓(Yes) (No) STATE OF FLORIDA
Commissioner Goldman ✓Yes) (No) COUNTY OFMIAM-DADE:
Commissioner Levine Yes) (No) i jar9 Kris:city elsrlltof file atyaf Strnmi Islas Beach.
Fori a,do hereby certify Ilialthdabov,e andforegoingisatrue
and eon ct copy of the original the-tent on file in this office.
WITNESS,rn sand Ns..26*'day oft, aO 1 S
C.4 Ct?uiiiit sc jolSi3nlylies8 ,Fleckb
✓
Accepting Warranty Deed.doc Page 2 of 2 °_
Y '
Prepared by:
Record and Return to:
David Shear
•
c/o Arnstein&Lehr LLP
200 South Biscayne Boulevard,Suite 3600
Miami,Florida 33131
Parcel Identification Nos: 31-2214-004-0180 and 31-2214-008-0071
[Space Above This Line For Recording Data]
WARRANTY DEED
THIS WARRANTY DEED is made effective as of the day of April, 2015, by TRG SUNNY
ISLES VII WEST, LLC, a Florida limited liability company, whose address is 315 South Biscayne
Boulevard, 3" Floor, Miami, Florida 33131, hereinafter referred to as "Grantor", to City of Sunny Isles
Beach, a Florida municipal corporation, whose address is 18070 Collins Avenue, Sunny Isles Beach, -
Florida 33160,hereinafter referred to as "Grantee".
(Whenever used hereunder, the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals,and the successors and assigns of corporations and limited liability companies).
WITNESSETH: That Grantor, for and in consideration of the sum of Ten ($10.00) Dollars and
other valuable consideration, the receipt whereof is hereby acknowledged, has granted, bargained and
sold to Grantee, its successors and assigns,all of that certain real property located in Miami-Dade County,
Florida, described as follows(the "Property"):
SEE EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF
SUBJECT TO: all restrictions, reservations and easements of record, if any; zoning restrictions
and prohibitions imposed by governmental authority; and taxes for the year 2015 and all subsequent years
not yet due and payable.
TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
TO HAVE AND TO HOLD,the same in fee simple forever.
AND THE SAID GRANTOR does hereby covenant with the said Grantee that the Grantor is
lawfully seized of said land in fee simple;that the Grantor has good right and lawful authority to sell and
convey said land, and hereby fully warrants the title to said land and will defend the same against the
lawful claims of all persons whomsoever.
112358890.1
. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal this day and year
first above written.
Signed, sealed and delivered in the TRG SUNNY ISLES VII WEST, LLC, a Florida
presence of: limited liability company
4a1114,;---" - )Nait)
• By.
Print Name: � �-`Q 0#ch Name: Matthew Allen,
( l/ Title: Vice President
Print Name: Khtali C. CV-N ^^
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE ) �y
The foregoing instrument was acknowledged before me this �1- day of April, 2015, by
Matthew Allen, as Vice President of TRG SUNNY ISLES VII WEST, LLC, a Florida limited liability
company, on its behalf, who is known to me or who has produced as
identification.
NOTA••Y PUB IC
NATALIA CHITTUM •
• f, ifs--Nia•o; Notary Public-State of Florida
•. �i.-:•c My Comm.Expires Mar 21,2016
-N. tilt t•f:
Commission#EE 181964
°FOF `'''' Bonded Through National Notary Assn.
112358890.1
•
EXHIBIT "A"
Legal Description
Lots 17 and 18, in Block 1 of BAYVIEW POINT, according to the plat thereof as recorded in
Plat Book 46;Page 98,of the Public Records of Miami-Dade County,Florida.
AND
A part of Lot 82, TATUMS OCEAN BEACH PARK SUBDIVISION, according to the plat
thereof as recorded in Plat Book 5, Page 35, of the Public Records of Miami-Dade County,
Florida,described as follows:
Begin at the point of intersection of the South line of said Lot 82 with the Westerly right-of-way
line of said State Road A-1-A, the same being the NE corner of Lot 17, Block 1, of BAYVIEW
POINT,according to the plat thereof as recorded in Plat Book 46,Page 98,of the Public Records
of Miami-Dade County, Florida; thence run due West along the South line of said Lot 82 and
being along the North line of Lot 17,Block 1 of said BAYVIEW POINT for a distance of 86.17
feet to a point, the same being a corner of said Lot 17; thence run North 11 degrees 18 minutes
36 seconds East along a line to a point and being along an Easterly line of Lot 17,Block I of said
BAYVIEW POINT for a distance of 50.99 feet to the most Northerly.corner of said Lot 17,said
point and corner being 50 feet North of,as measured at right angles,to the South line of said Lot
82;thence run South 85 degrees 51 minutes 16 seconds East along a line for a distance of 79.59
- - feet to its intersection with the W.esterly right-of-way line of said State Road A-1-A; thence run
South 4 degrees 08 minutes 44 seconds West along the Westerly right-of-way line of said State
Road A-I-A for a distance of 44.36 feet to the point of beginning.
112358890.1
r NY is Cit of Sunn Isles Beach City droll, aior<Fs Y 3' George Bud' Scholl,Mayor=° d)
f- m 18070 Collins Avenue, Suite 250 Jeanette Gatto,Vice Mayor
v Isaac Aelion, Commissioner
r I Sunny Isles Beach Florida 33160
u :r tip-- _ I 5' Jennifer Levin,Commissioner
* — * (305)947-0606 City Hall Dana Goldman,Commissioner
(305)949-31 13 Fax
r**„9 ,r. Christopher J.Russo City Manager
yF' 9)* F L o \O 4' (305)947-2150 Building Department Hans Ottinot,City Attorney
ciTy N
of su P'a (305)947-5107 Fax Jane A.Hines,MMC,City Clerk
MEMORANDUM
TO: Honorable City Commission
FROM: George "Bud” Scholl, Mayor
DATE: April 16, 2015
RE: Resolution Approving the Purchase and Sale of 18080 Collins Avenue and the
Donation of property located at 15800 Collins Avenue
RECOMMENDATION:
This Resolution is presented for your consideration.
REASONS:
As previously stated in a progress report memorandum to the City Commission, we have
negotiated the purchase of the property commonly known as the Alamo site, located at 18080
Collins Avenue, from the current owner, Dezer Universal, LLC (the "Dezers"). The rationale for
•
purchasing the Alamo site is as follows. We are able to avoid a costly eminent domain process to
find the ideal property for a school expansion and provide additional facilities for governmental
and commercial uses. Additionally, we agreed to accept the donation of the property located at
15800 Collins Avenue in exchange for Transfer of Development Rights ("TDRs"). .
Background
As you may know, City Manager Christopher Russo, City Attorney Hans Ottinot and I met with
School Board Member Dr. Martin Karp and a group of high-ranking school system officials who .
- enthusiastically indicated that the City's plan for a K-2 expansion would work and that they were
committed to contributing roughly $10 Million Dollars to the school expansion project. The
proposed plan is to build a multi-purpose building with the school oriented to the rear of the
building encapsulated within this space. The City would then have community and commercial
space within the front and upper floors of the building that would be completely separate from
the school portion. The Dezers have indicated that they would be willing to purchase at the.
City's cost up to 30,000 square feet of office space to move their executive offices from across
the street. Additionally, the City could house the Civic/Senior Center in this space and some
additional needs of the City. It is proposed that the building be constructed-as a commercial
condominium whereby the School Board would purchase and own their-space and any
commercial tenants (like the Dezers) would purchase and own their own space. This is a very
OR BK 29584 PG 0337
LAST PAGE
efficient mechanism for property tax purposes and allocation of operating expenses for the
purposes of maintaining and managing the building.
Purchase Price of Alamo Site
As required by law, we have received two appraisals for the Alamo site that currently value the
parcel between $9.5 million and $10 Million Dollars. These appraisals are attached to the
Resolution. These appraisals clearly indicate the market for the property. The City is paying $7
million dollars cash, and donating 20,000 square feet of Transfer of Development Rights
("TDRs"), and releasing the "west side only restriction" imposed on 33,750 square feet of TDRs
previously donated as part of the sale of the Alamo site to the Dezers. In exchange, we will get
the Alamo property plus a pedestrian bridge easement parcel on the southern corner of the
Trump International Hotel so we have the potential for a future pedestrian bridge crossover. The
following is a breakdown of the purchase.
Cash $7 million dollars
New TDRs $2.5 million dollars = 20,000 sq. ft. of TDRs x $125 per square foot (From the
City's TDR bank)
Old TDRs $573,750 = 33,750 sq. ft. of TDRs (previous donation) x $17 per square foot
(This is what we have charged when we allowed west side TDRs to become
east or west.)
Total Consideration $10,073,750.
Expansion of Intracoastal Park System
For a number of years, the City Commission had a strong desire to expand the Intracoastal Park
System to Arlen House. We have negotiated a deal that will permit the expansion of Intracoastal
Park. Before former Mayor Edelcup left office, he was negotiating with the Dezers to acquire the
property located at 15800 Collins Avenue ("Sales Center') to expand the Intracoastal Park area.
The property is located in front of the Arlen House Marina. We resurrected that negotiation and
tied it into the acquisition of the Alamo site described above making the two into a package. We
agreed to honor the terms of the agreement that was previously negotiated regarding the Sales
Center. The City agrees to donate 80,000 square feet of TDRs in exchange for ownership of the
Sales Center property. The City will allow the Dezers to lease the property at a nominal rent for
three years. Most importantly, the transaction is mutually beneficial because the City is able to
recapture most of the donated TDRs when it converts the property to a park. There is no fiscal
impact in this transaction and very little impact to the City's TDR Bank.
The following is the existing development rights on the Sales Center property:
Lot area: 31,072 sq. ft. (0.71 acres)
Zoning : RMF-2 (Allows for a maximum of 60 dwelling units and 2.5 FAR per acre)
Density: 42 dwelling units
FAR: 77,680 sq. ft.
We trust that the above has provided you with the relevant details and would appreciate your
consideration and approval.
2
1111111 11111 11111 111111111I 11111 1 111111111111
C:F N 201.580251395
OR 8k 29584 F9s 0338 - 340► (3a9s)
RECORDED 014/20/2015 13:47:02
HARVEY RUVINr CLERK OF COURT
Prepared By and Return To: MIAMI-DADE COUNTY, FLORIDA
Arnstein& Lehr LLP
Amanda Shear, Esq.
200 South Biscayne Boulevard
Suite 3600
Miami, Florida 33131
AFFIDAVIT OF TRG SUNNY ISLES VII WEST,LLC
Before me, a notary public, personally appeared Matthew J. Allen ("Affiant"), who being
by me duly sworn, on oath, deposes and says:
1. Affiant is the Vice President of TRG SUNNY ISLES VII WEST, LLC, a Florida
limited liability company (the "Company"), and is authorized to make this Affidavit.
2. The Company is the owner of the following described real property located in
Miami-Dade County, Florida:
See legal description attached hereto as Exhibit "A" and made a part hereof(the "Property").
3. The Company is a limited liability company organized under the laws of the State
of Florida and is active and in good standing in the State of Florida.
4. That, Affiant is authorized to execute the Warranty Deed any and all documents
necessary and appropriate in connection with the transfer of ownership of the Property to the
City of Sunny Isles Beach.
5. The Company has not been dissolved and neither the Company, nor its sole
member, is currently a debtor in any bankruptcy proceedings.
•6. Affiant is aware that Harold M. Rifas, P.A. and Chicago Title Insurance Company
are relying on this Affidavit to issue policy(ies) of title insurance.
7. This Company Affidavit is made by the Affiant in the aforesaid representative
capacity solely as the act and on behalf of the Member and the Company, and the Affiant shall
have no personal liability arising from this Company Affidavit.
The rest of this page is intentionally left blank. Signature page follows.
112372039.1
MIA 184478002v1
AFFI'NT:
Ir. OA-
Matthew J. Allen
• STATE OF FLORIDA
COUNTY OF MIAMI-DADE
BEFORE ME, the undersigned authority, on this day, personally appeared Matthew J.
Allen, who is personally known to me, or has produced identification as shown below, who,
being by me first duly sworn and cautioned, acknowledged, deposed and otherwise stated that
she executed the foregoing instrument.
SWORN TO and SUBSCRIBED before me this / / day ofrr 1 , 2015.
VICTORIA DELGADO
MY COMMISSION#FF094501 Notary Public
'e='ope February Feb
ry 20,2018 viCricx 2d
(407)398-0153 Floridallotary Service.com
Printed Name of N Gary
Notary, check one:
(,/r Person signing document personally known to me.
( ) Person signed document and provided the following form of identification.
Type:
112372039.1
MIA 184478002v1
OR Bk 29584 PG 0340
LAST PAGE
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 17 and 18, in Block 1 of BAYVIEW POINT, according to the plat thereof as recorded in Plat
Book 46,Page 98,of the Public Records of Miami-Dade County,Florida.
AND
A part of Lot 82, TATUM'S OCEAN BEACH PARK SUBDIVISION, according to the plat thereof
as recorded in Plat Book 5, Page 35, of the Public Records of Miami - Dade County, Florida,
described as follows:
Begin at the point of intersection of the South line of said Lot 82 with the Westerly right-of-way line
of said State Road A-1-A, the same being the NE corner of Lot 17, Block 1, of BAYVIEW POINT,
according to the plat thereof as recorded in Plat Book 46, Page 98, of the Public Records of Miami-
Dade County, Florida; thence run due West along the South line of said Lot 82 and being along the
North line of Lot 17, Block 1, of said BAYVIEW POINT for a distance of 86.17 feet to a point, the
same being a corner of said Lot 17; thence run North 11 degrees 18 minutes 36 seconds East along a
line to a point and being along an Easterly line of Lot 17, Block 1 of said BAYVIEW POINT for a
distance of 50.99 feet to the most Northerly corner of said Lot 17,said point and corner being 50 feet
North of, as measured at right angles, to the South line of said Lot 82; thence run South 85 degrees
51 minutes 16 seconds East along a line for a distance of 79.59 feet to its intersection with the
Westerly right-of-way line of said State Road A-1-A; thence run South 4 degrees 08 minutes 44
seconds West along the Westerly right-of-way line of said State Road A-1-A for a distance of 44.36
feet to the Point of Beginning.
112372039.1
MIA 184478002v1
•
I111111 11111 11111 1111111111 11111 11111 11111111
CFN 201580251396
OR Bk 295B4 Pas 0341 - 343; (3pas)
RECORDED 04/20/2015 13:47:02
DEED DOC TAX 0.60
HARVEY RUVIWr CLERK OF COURT
Prepared by: MIAMI-DADE COUNTY, FLORIDA
Record and Return to:
David Shear
c/o Arnstein&Lehr LLP
200 South Biscayne Boulevard,Suite 3600
Miami,Florida 33131
Parcel Identification Nos: 31-2214-004-0180 and 31-2214-008-0071
• [Space Above This Line For Recording Data] •
WARRANTY DEED
THIS WARRANTY DEED is made effective as of the ptll day of April, 2015, by TRG SUNNY
ISLES VII WEST, LLC, a Florida limited liability company, whose address is 315 South Biscayne
Boulevard, 3`d Floor, Miami, Florida 33131, hereinafter referred to as "Grantor", to City of Sunny Isles -
Beach, a Florida municipal corporation, whose address is 18070 Collins Avenue, Sunny Isles Beach,
Florida 33160, hereinafter referred to as "Grantee".
(Whenever used hereunder, the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals,and the successors and assigns of corporations and limited liability companies).
WITNESSETH: That Grantor, for and in consideration of the sum of Ten ($10.00) Dollars and
other valuable consideration, the. receipt whereof is hereby acknowledged, has granted, bargained and
sold to Grantee, its successors and assigns, all of that certain real property located in Miami-Dade County,
Florida, described as follows (the "Property"):
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
SUBJECT TO: all restrictions, reservations and easements of record, if any; zoning restrictions
and prohibitions imposed by governmental authority; and taxes for the year 2015 and all subsequent years
not yet due and payable.
TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
TO HAVE AND TO HOLD,the same in fee simple forever.
AND THE SAID GRANTOR does hereby covenant with the said Grantee that the Grantor is
lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and
convey said land, and hereby fully warrants the title to said land and will defend the same against the
lawful claims of all persons whomsoever.
•
112358890.1
•
•
•
•
•
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal this day and year
first above written.
Signed, sealed and delivered in the TRG SUNNY ISLES VII WEST, LLC, a Florida
presence of: limited liability company•. .-C------ ---.) 4= ..- - , -itt .0114// / By:
Print Name: 7 CJ/Orict .� ,p�/9Clc1d Name: Matthew Allen
. °}141 v� Title: Vice President
Print Name: 01 et\t`e,. C.' cr,
STATE OF FLORIDA )
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this GP day of April, 2015, by -
Matthew Allen, as Vice President of TRG SUNNY ISLES VII WEST, LLC, a Florida limited liability
company, on its behalf, who is known to me or who has produced FL. Ot._, . as
identification.
7 0.,
NOTA• PUBLIC
• `as�Pv,P�P'; NATALIA CHITTUM
—t Notary Public-State of Florida
. °� '. My Comm. Expires Mar 21,2016
- � r�= Commission #EE 181964
"` 8ondea Through National Notary Assn.
1 12358890.1
OR BK 29584 PG 0343
LAST PAGE
EXHIBIT "A"
Lots 17 and 18, in Block 1 of BAYVIEW POINT, according to the plat thereof as recorded in Plat
Book 46, Page 98, of the Public Records of Miami - Dade County, Florida.
AND
A part of Lot 82, TATUM'S OCEAN BEACH PARK SUBDIVISION, according to the plat thereof as
recorded in Plat Book 5, Page 35, of the Public Records of Miami - Dade County, Florida, described
as follows:
Begin at the point of intersection of the South line of said Lot 82 with the Westerly right-of-way line
of said State Road A-1-A, the same being the NE corner of Lot 17, Block 1, of BAYVIEW POINT,
according to the plat thereof as recorded in Plat Book 46, Page 98, of the Public Records of Miami -
Dade County, Florida; thence run due West along the South line of said Lot 82 and being along the
North line of Lot 17, Block 1, of said BAYVIEW POINT for a distance of 86.17 feet to a point, the
same being a corner of said Lot 17; thence run North 11 degrees 18 minutes 36 seconds East
along a line to a point and being along an Easterly line of Lot 17, Block 1 of said BAYVIEW POINT
for a distance of 50.99 feet to the most Northerly corner of said Lot 17, said point and corner being
50 feet North of, as measured at right angles, to the South line of said Lot 82; thence run South 85
degrees 51 minutes 16 seconds East along a line for a distance of 79.59 feet to its intersection
with the Westerly right-of-way line of said State Road A-1-A; thence run South 4 degrees 08
minutes 44 seconds West along the Westerly right-of-way line of said State Road A-1-A for a
distance of 44.36 feet to the Point of Beginning.
III 1111 11111 11111 111111101 11111 111111111101
CFN 201580251397
OR Bk 29584 F9s 0344 - 345; (2P9s))
RECORDED 04/20/2015 13:47:02
HARVEY RUVIN, CLERK OF COURT
Document Prepared by and
MIAMI-GAGE COUNTY? FLORIDA
When Recorded Return to:
Greenberg Traurig, P.A.
333 S.E. 2nd Avenue
Miami, Florida 33131
Attention: Kimberly S. LeCompte, Esq.
SATISFACTION OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS that TRG Sunny Isles Holdings, Ltd., a
Florida limited partnership, having offices at 315 S. Biscayne Blvd., Miami, Florida 33131 (the
"Lender") is the owner and holder of that certain Second Mortgage executed by TRG Sunny
Isles VII West, LLC, a Florida limited liability company in favor of the Lender dated June 29,
2009 and recorded July 2, 2009 in Official Records Book 26926, Page 4330 of the Public
Records of Miami-Dade County, Florida (the"Mortgage").
NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the Lender hereby acknowledges full payment of the Promissory Note secured by Mortgage, and
hereby surrenders the Mortgage as cancelled, and hereby directs the Clerk of the Circuit Court of
Miami-Dade County, Florida to cancel same of record.
IN WITNESS WHEREOF, Agent has caused these presents to be executed in its name
by its proper officer thereunto duly authorized, as of the / day of April, 2015.
TRG SUNNY ISLES HOLDINGS, LTD.,
a Florida limited partnership
By: TRG Sunny Isles Holdings, LLC, a Florida
limited liab.l'+y c mpa n y, it general partner
By: r
Matthew J. Alle
Vice President
MIA 184474880v1
SP SK 29584 PG 0345
LAST PAGE
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this 13 day of April, 2015, by
Matthew J. Allen, Vice President of TRG Sunny Isles Holdings, LLC, a Florida limited liability
company, the general partner of TRG Sunny Isles Holdings, Ltd., a Florida limited partnership,
on behalf of the entities. He is t.----personally known to me or produced as
identification.
VICTORIA DELGADO
MY COMMISSION#FF094501 Notary Public, State of orida
rFOF�oP: EXPIRES February 20. 2018
Name: iA
(407)398.0153 FlorldallotaryService.com
My Commission Exp es: Q- Q -1%
MIA 184474880v1
1
1111 1 1111 11111 11111 131 1 11111 11111 1111 1111
:FN 201 5R025 1398
OR Bk 29584 P9s 0346 - 347; (2P9s)
RECORDED 04/20/2015 13:47:02
HARVEY RUVIN? CLERK OF COURT
Document Prepared by and MIAMI-GAGE COUNTY? FLORIDA
When Recorded Return to:
Greenberg Traurig, P.A.
333 S.E. 2nd Avenue
Miami, Florida 33131
Attention: Kimberly S. LeCompte, Esq.
SATISFACTION OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS that South One Development LLP, a
Florida limited liability partnership, having offices at 18001 Collins Avenue, 31st Floor, Sunny
Isles Beach, Florida 33160 (the "Lender") is the owner and holder of that certain Second
Mortgage executed by TRG Sunny Isles VII West, LLC, a Florida limited liability company in
favor of the Lender dated June 29, 2009 and recorded July 2, 2009 in Official Records Book
26926, Page 4336 of the Public Records of Miami-Dade County, Florida(the "Mortgage").
NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the Lender hereby acknowledges full payment of the Promissory Note secured by Mortgage, and
hereby surrenders the Mortgage as cancelled, and hereby directs the Clerk of the Circuit Court of
Miami-Dade County, Florida to cancel same of record.
IN WITNESS WHEREOF, Agent has caused these presents to be executed in its name
by its proper officer thereunto duly authorized, as of the /Vday of April, 2015.
SOUTH ONE DEVELOPMENT, LLP,
a Florida limited liability ►. n•rship
By: ` L
Print Name: A:- . ' , general partner
MIA 184475161v1
112374901.1
0-)
OFD Sk. 29584 PG 0347
LAST PAGE
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this ' day of April, 2015, by
�/c�h., 0,4 ei�- �V of , a ---, , the general
partner of South One Development, LLP, a Florida limited liability partnership, on behalf of the
entities:3Ae is impersonally known to me or produced /- as identification
- #;i110.11P
1 otary Publi State
Name: , gi..
;:*'%;'. KRISTINA E WILSON My Commission Expires:
': MY COMMISSION#EE126787
tlikoft.
EXPIRES August 31,2015
(407)398-0153
FIondallotary5a 7:,ca.com
MIA 184475161v1
112374901.1
#1 -.
OFFICE OF THE PROPERTY APPRAISER
(OR�9:
Summary Report
Generated On:4/6/2015
Property Information - Z-7-:''''::: !`" 7 f,' ' t. j
Folio: 31-2214-004-0180 •- %
Property Address: 15800 COLLINS AVE 5 5,
Owner TRG SUNNY ISLES VII WEST LLC
315 BISCAYNE BLVD
Mailing Address $ -
MIAMI,FL 33131 i
Primary Zone 4000 MULTI-FAMILY-63-100 U/A , 2 in�
Primary Land Use 1713 OFFICE BUILDING-ONE ... ', . - —i 'a, 3
STORY:OFFICE BUILDING
f I ,
Beds/Baths/Half 0/0/0 ' u, i I , ., t "v`r
•
Floors 0 R.. , """r 'x, ' .u
Living Units 0 i i , dui L.
Actual Area 4,700 Sq.Ft 3' ` '� ' Q ,4 1 A
Living A
4,700 Sq.Ft / I cn
Adjusted Area 4,437 Sq.Ft - — i.:4 f i,f''
Lot Size 27,391 Sq.Ft
Year Built 2006 Taxable Value Information
2014 2013 2012
Assessment Information County
Year 2014 2013 2012 Exemption Value $0 $0 $0
Land Value $2,465,190 $2,191,280 $2,095,412 Taxable Value $2,592,074 $2,356,431 $2,468,497
Building Value $341,933 $165,151 $373,085 School Board
XF Value $107,389 $0 $0 Exemption Value $0 $0 $0
Market Value $2,914,512 $2,356,431 $2,468,497 Taxable Value $2,914,512 $2,356,431 $2,468,497
Assessed Value $2,592,074 $2,356,431 $2,468,497 City
Exemption Value $0 $0 $0
Benefits Information Taxable Value $2,592,074 $2,356,431 $2,468,497
Benefit Type 2014 2013 2012 Regional
Non-Homestead Cap Assessment Reduction $322,438 Exemption Value $0 $0 $0
Note:Not all benefits are applicable to all Taxable Values(i.e.County,School Taxable Value $2,592,074 $2,356,431 $2,468,497
Board,City,Regional).
Sales Information
Short Legal Description
Previous OR
BAYVIEW POINT PB 46-98 Sale Price Book- Qualification Description
LOT 17&18 BLK 1 Page
LOT SIZE 205.950 X 133 03/27/2006 $10 24369- Qual by exam of deed
4580
F/A/U 30-2214-004-0180
OR 20428-4824 05 2002 2(2) 09/01/2004 $12,000,000 22663- Qual on DOS,but significant phy change
3564 since time of transfer
05/01/2002 $3,100,000 20428- Qual by verifiable&documented
4824 evidence
01/01/2000 $670,000 18962- Qual by verifiable&documented
1988 evidence
The Office of the Property Appraiser is continually editing and updating the tax roll.This website may not reflect the most current information on record.The Property
Appraiser and Miami-Dade County assumes no liability,see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp
Version:
G 4•
AAy�: OFFICE OF THE PROPERTY APPRAISER
Summary Report
Generated On:4/6/2015
Property Information D R -,,..,, 11 1 4
Folio: 31-2214-008-0071 s .6a .l t r t
Property Address: 15800 COLLINS AVE _= "` " - r r
t* . _ 'i ` 42
Owner TRG SUNNY ISLES VII WEST LLC -'
Mailing Address 315 BISCAYNE BLVD '_
MIAMI ,FL 33131 �Er�
Primary Zone 4000 MULTI-FAMILY-63-100 U/A _ 1(
G„
1066 VACANT LAND- I ; r•
Primary Land Use COMMERCIAL:EXTRA FEA OTHER , t i `'4 s
THAN PARKING a i' '
Beds/Baths/Half 0/0/0 �"""' 1=, �.
Floors 0 II 46
Living Units 0 f c f•Actual Area 0 Sq.Ft - (( rl
-
Living Area 0 Sq.Ft ;y �.w "w'T'1&
Adjusted Area 0 Sq.Ft
Lot Size 3,681 Sq.Ft Taxable Value Information
Year Built 0 2014 2013 2012
County
Assessment Information Exemption Value $0 $0 $0
Year 2014 2013 2012 Taxable Value $375,482 $353,010 $320,919
Land Value $331,290 $331,290 $281,597 School Board
Building Value $0 $0 $0 Exemption Value $0 $0 $0 •
XF Value $44,192 $44,668 $40,236 Taxable Value $375,482 $375,958 $321,833
Market Value $375,482 $375,958 $321,833 City
Assessed Value $375,482 $353,010 $320,919 Exemption Value $0 $0 $0
-
Taxable Value $375,482 $353,010 $320,919
Benefits Information
Regional
Benefit Type 2014 2013 2012 Exemption Value $0 $0 $0
Non-Homestead Cap Assessment Reduction $22,948 $914 Taxable Value $375,482 $353,010 $320,919
Note:Not all benefits are applicable to all Taxable Values(i.e.County,School
Board,City,Regional). Sales Information
Short Legal Description Previous OR
Sale Price Book- Qualification Description
TATUMS OCEAN BEACH PARK PB 5-35 Page
PT LOT 82-BEG SW COR LOT 82 TH 03/27/2006 $10 24369- Qual by exam of deed
E86.17FT NLY44.36FT WLY79.59FT 4580
SWLY50.99FT TO POB 09/01/2004 $12,000,000 22663- Qual on DOS,but significant phy change
3564 since time of transfer
LOT SIZE IRREGULAR
05/01/2002 $3,100,000 20428- Qual by verifiable&documented
4824 evidence
01/01/2000 $670,000 18962- Qual by verifiable&documented
1988 evidence
The Office of the Property Appraiser is continually editing and updating the tax roll.This website may not reflect the most current information on record.The Property
Appraiser and Miami-Dade County assumes no liability,see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp
Version:
(
E
Item Coversheet Page 1 of 2
FS°"""5<Fr City of Sunny Isles Beach
31, p. 18070 Collins Avenue
.\ 1z Sunny Isles Beach,Florida 33160
'sr ° ; '° (305)947-0606 City Hall
o�
r'' o.s>'"4 (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: George"Bud"Scholl, Mayor
DATE: 4/16/2015 I
i
Resolution Approving the Purchase and Sale of 18080
RE: Collins Avenue and the Donation of property located at I
15800 Collins Avenue
i
RECOMMENDATION: )
This Resolution is presented for your consideration.
REASONS:
As previously stated in a progress report memorandum to the City
Commission, we have negotiated the purchase of the property
commonly known as the Alamo site, located at 18080 Collins Avenue,
from the current owner, Dezer Universal, LLC (the "Dezers"). The
rationale for purchasing the Alamo site is as follows. We are able to
avoid a costly eminent domain process to find the ideal property for a
•
school expansion and provide additional facilities for governmental
and commercial uses. Additionally, we agreed to accept the donation
of the property located at 15800 Collins Avenue in exchange for
Transfer of Development Rights("TDRs").
Background
As you may know, City Manager Christopher Russo, City Attorney
Hans Ottinot and I met with School Board Member Dr. Martin Karp
and a group of high-ranking school system officials who
enthusiastically indicated that the City's plan for a K-2 expansion
would work and that they were committed to contributing roughly $10
Million Dollars to the school expansion project. The proposed plan is
to build a multi-purpose building with the school oriented to the rear of
the building encapsulated within this space. The City would then have
community and commercial space within the front and upper floors of
the building that would be completely separate from the school
portion. The Dezers have indicated that they would be willing to
purchase at the City's cost up to 30,000 square feet of office space to
move their executive offices from across the street. Additionally, the
City could house the Civic/Senior Center in this space and some
additional needs of the City. It is proposed that the building be
constructed as a commercial condominium whereby the School Board
would purchase and own their space and any commercial tenants(like
the Dezers)would purchase and own their own space. This is a very
efficient mechanism for property tax purposes and allocation of
operating expenses for the purposes of maintaining and managing the
building.
Purchase Price of Alamo Site
As required by law, we have received two appraisals for the Alamo
site that currently value the parcel between $9.5 million and $10
http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1631 4/10/2015
Item Coversheet Page 2 of 2
Million Dollars. These appraisals are attached to the Resolution.
These appraisals clearly indicate the market for the property. The City
is paying $7 million dollars cash, and donating 20,000 square feet of
Transfer of Development Rights ("TDRs"), and releasing the "west
side only restriction" imposed on 33,750 square feet of TDRs
previously donated as part of the sale of the Alamo site to the Dezers.
In exchange, we will get the Alamo property plus a pedestrian bridge
easement parcel on the southern corner of the Trump International
Hotel so we have the potential for a future pedestrian bridge
crossover.The following is a breakdown of the purchase.
Cash:$7 million dollars
New TDRs: $2.5 million dollars = 20,000 sq. ft. of TDRs x $125 per
square foot(From the City's TDR bank)
Old TDRs: $573,750 = 33,750 sq. ft. of TDRs (previous donation) x
$17 per square foot(This is what we have charged when we allowed
west side TDRs to become east or west.)
Total Consideration: $10,073,750.
Expansion of Intracoastal Park System
For a number of years, the City Commission had a strong desire to
expand the Intracoastal Park System to Arlen House. We have
negotiated a deal that will permit the expansion of Intracoastal Park.
Before former Mayor Edelcup left office, he was negotiating with the
Dezers to acquire the property located at 15800 Collins Avenue
("Sales Center')to expand the Intracoastal Park area. The property is
located in front of the Arlen House Marina. We resurrected that
negotiation and tied it into the acquisition of the Alamo site described
above making the two into a package. We agreed to honor the terms
of the agreement that was previously negotiated regarding the Sales
Center. The City agrees to donate 80,000 square feet of TDRs in
exchange for ownership of the Sales Center property. The City will
allow the Dezers to lease the property at a nominal rent for three
years. Most importantly, the transaction is mutually beneficial because
the City is able to recapture most of the donated TDRs when it
converts the property to a park. There is no fiscal impact in this
transaction and very little impact to the City's TDR Bank.
The following is the existing development rights on the Sales Center
property:
Lot area:31,072 sq.ft. (0.71 acres)
Zoning: RMF-2 (Allows for a maximum of 60 dwelling units and 2.5
FAR per acre)
Density:42 dwelling units
FAR:77,680 sq.ft.
We trust that the above has provided you with the relevant details and
would appreciate your consideration and approval.
ATTACHMENTS:
Description
Resolution
Exhibit A
Appraisal from Aprraisal First
Appraisal from Clobus, McLemore&Duke,Inc.
Item Number: 10.0.
http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1631 4/10/2015