HomeMy WebLinkAboutReso 2015-2407 RESOLUTION NO. 2015-2401
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING A
DONATION OF TRANSFER OF DEVELOPMENT RIGHTS
("TDRS") IN THE AMOUNT OF EIGHTY THOUSAND (80,000)
SQUARE FEET OF FLOOR AREA AND THIRTY EIGHT (38)
DWELLING UNITS TO TRG SUNNY ISLES VII WEST, LLC
AND PROVIDING FOR THE CREATION OF A PRIVATE TDR
BANK ACCOUNT; APPROVING ASSIGNMENT AND HOLD
HARMLESS AGREEMENTS; AUTHORIZING THE ZONING
ADMINISTRATOR TO WITHDRAW AND ASSIGN EIGHTY
THOUSAND (80,000) SQUARE FEET OF FLOOR AREA AND
FIVE (5) DWELLING UNITS TO RDR SEASHORE, LLC FROM
THE AFOREMENTIONED PRIVATE TDR BANK ACCOUNT
FOR THE PROPERTY LOCATED AT 18975 COLLINS AVENUE;
AUTHORIZING THE ADJUSTMENT AND MODIFICATION OF
THE PRIVATE TDR BANK ACCOUNT; 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,by Zoning Resolution No. %5_Z-15 adopted on 04AA. Ii,,aA 1 S ,the City
Commission of the City of Sunny Isles Beach (the "City Commission") approved the zoning
application submitted by RDR Seashore, LLC ("Applicant") for the assignment and transfer of
TDRs in the amount of 187,283 square feet of floor area and 60 dwelling units for the zoning
application for the property located at 18975 Collins Avenue, Sunny Isles Beach, Florida; and
WHEREAS, the City Commission has agreed to donate to TRG Sunny Isles VII West,
LLC ("Assignor") TDRs in the amount of 80,000 square feet of floor area and 38 dwelling units
into a Private TDR Bank account; and
WHEREAS,the Assignor has agreed to transfer and assign 80,000 square feet of floor area
and 38 dwelling units to the Applicant whereby 80,000 square feet of floor area and 5 dwelling
units shall be assigned to the development project located at 18975 Collins Avenue; and
WHEREAS,the Private TDR Bank account for the Assignor will be adjusted to reflect the
withdrawal and assignment of 80,000 square feet of floor area and 38 dwelling units to RDR
Seashore, LLC and the assignment of 80,000 square feet of floor area and 5 dwelling units for the
development project located at 18975 Collins Avenue; and
WHEREAS, the Zoning Administrator shall close the Private TDR Bank account created
for the Assignor upon the withdrawal and assignment of the 80,000 square feet of floor area and
38 dwelling units to the RDR Seashore, LLC; and
WHEREAS, the property receiving the 80,000 square feet of floor area and 5 dwelling
units is described on Exhibit"A" attached hereto; and
RDR Seashore LLC TDR Bank- 15800 Collins Ave. 4/8/2015 9:32 AM
Page 1 of 3
WHEREAS,the City Commission agrees to authorize the donation and assignment of the
TDRs contemplated herein as an incentive for development pursuant to its Charter and Home Rule
Authority.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA,AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and are
incorporated herein by reference as if they are fully set forth herein.
Section 2. Authorizing the Donation of TDRs and Approving Assignment Agreement. The
City Commission hereby approves a donation of Transfer of Development Rights ("TDRs") in the
amount of Eighty Thousand (80,000) square feet of floor area and Thirty Eight(38) dwelling units
into a Private TDR Bank account designated for RDR Seashore, LLC. The donation of the TDRs
is conditional on the transfer of legal title for the land located at 15800 Collins Avenue, Sunny Isles
Beach, Florida. The City Commission further approves assignment and hold harmless agreements
between TRG Sunny Isles VII West, LLC and RDR Seashore, LLC.
Section 3. Authorizing the Withdrawal and Assignment of TDRs. The City Commission
hereby authorizes the Zoning Administrator to withdraw 80,000 square feet of floor area and 38
dwelling units from the private TDRs bank account designated for RDR Seashore, LLC and to
assign 80,000 square feet of floor area and 5 dwelling units for the development project for the
property located at 18975 Collins Avenue approved under Zoning Resolution No t5.z. i 5 If
the development project is not approved,the Zoning Administrator is not required to withdraw and
assign the aforementioned TDRs to the development project. The TDRs shall remain in the Private
TDR Bank account created for RDR Seashore, LLC.
Section 4. Directive to Zoning Administrator. The Zoning Administrator or their designee is
hereby directed to adjust the Private TDR Bank account designated for RDR Seashore, LLC to
reflect the withdrawal of TDRs in the amount of 80,000 square feet of floor area and 38 dwelling
units according to Zoning Resolution No. 15-2 l 52, and to close the Private TDR Bank account
designated for RDR Seashore, LLC.
Section 5. Authority of the City Manager and City Attorney. The City Manager and City
Attorney are hereby authorized to do all things necessary to effectuate this Resolution.
Section 6. Effective Date. This Resolution shall become effective up+n adoption.
PASSED AND ADOPTED this 16th day of April, 2015/
Georg H. Scholl, Mayor
RDR Seashore LLC lDR Bank- 15800 Collins Ave. 4/8/2015 9:32 AM
Page 2 of 3
ATTEST:
c_si...„ k ,01....,,
Jane A. Hines, City Clerk, MMC
•
APPROVED AS TO FORM
AND LE to . ;.UFF CIENCY:
i A
t A da
, 'T , Ci' .rney
Moved by: $ .. DO
Seconded by: t ce yY\a",r l°tTTa
Vote: S--p
Mayor Scholl V(Yes) (No)
Vice Mayor Gatto V/ (Yes) (No)
Commissioner Aelion V(Yes) (No)
Commissioner Goldman V, (Yes) (No)
Commissioner Levin V (Yes) (No)
RDR Seashore LLC'1DR Bank- 15800 Collins Ave. 4/8/2015 9:32 AM
Page 3 of 3
EXHIBIT "A"
LEGAL DESCRIPTION:
Property Address: 18975 Collins Avenue, Sunny Isles Beach
The land referred to herein below is situated in the County of Miami-Dade, State of
Florida, and is described as follows:
All Condominium Units, in SEASHORE CLUB SOUTH, A MOTEL CONDOMINIUM,
together with an undivided interest in the common elements, according to the Declaration
of Condominium thereof, as recorded in Official Record Book 10709, Page 380, as
amended from time to time, of the Public Records of Miami-Dade County, Florida.
To be known as:
The South 200 feet of Tract "E" of Amended Plat of NORTH BISCAYNE BEACH,
according to the Plat thereof, recorded in Plat Book 44, Page 42, of the Public Records of
Miami-Dade County, Florida.
AND
The South 100 feet of the North 300 feet of Tract "E" of Amended Plat of NORTH
BISCAYNE BEACH according to the Plat thereof recorded in Plat Book 44, Page 42, of
the Public Records of Miami-Dade County, Florida.
Also known as:
Tract "E" LESS the North 200 feet thereof, of AMENDED PLAT OF NORTH
BISCAYNE BEACH, according to the Plat thereof, recorded in Plat Book 44, at Page 42,
of the Public Records of Miami-Dade County, Florida.
Legal Description.doc
Prepared by:
ARNSTEIN & LEHR, LLP
200 South Biscayne Boulevard
Suite 3600
Miami, FL 33131
ASSIGNMENT OF TRANSFERABLE DEVELOPMENT RIGHTS
KNOW ALL MEN BY THESE PRESENTS, that TRG Sunny Isles VII West, L.L.C., a
Florida limited liability company ("Assignor"), for and in consideration of the sum of Ten and
No/100 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
RDR Seashore, L.L.C., a Delaware limited liability company ("Assignee"), its heirs, successors,
agents or assigns, 80,000 square feet of Transfer of Development Rights ("TDRs") and 5
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 the TDR Bank with City of Sunny Isles Beach,
Florida, the amount of 80,000 square feet of TDR's and 5 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 Agreement, hereby assigns and transfers 80,000
square feet of TDR's and 5 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.
IN WITNESS WHEREOF, the party herein has caused this Assignment of Transferable
Development Rights to be executed by its duly authorized representative freely and voluntarily
on this day of April, 2015.
WITNESSED: ASSIGNOR:
TRG Sunn Isle�i'js VII West, L.L.C.
A Florida 1.mit0l li bility Company
Signature 4
fcr�o By: � L � \
Print-Name Matthew Allen\
Its: Autorized Representative
Signre C( 1 CG C k. UM
Print Name
STATE OF FLORIDA )
SS.
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of April, 2015, by
Matthew Allen, as Authorized Representative of TRG Sunny Isles VII West, L.L.C., a Florida
limited liability company, on behalf of the company. He is personally known to me or
has produced FL as identificati
NOTARK 'U IC
State of Florida
Print Name
Commission Expires:
iJ
uunn NATALIA CHITTUM
_* „t,: Notary Public-State of Florida
* • ;•`-My Comm.Expires Mar 21,2016
Commission #EE 181964
4 '0'r0;, '''•', Bonded Through National Notary Assn.
2
WITNESSED: ASSIGNEE
' 9,-/ 4,.,-,./ RDR SEASH RE, L.L.C.
Signature A Del re li ited lia, ' ity company
r A!�i ca i i�69 By l 0 \L
Print Na e / Matthew Alln
1 ())1i4)1
Its: Authorized Representative
Signatur
MOAa_t,o C 611-ucy•
Print Name
STATE OF FLORIDA )
) SS.
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this 0 day of April, 2015, by
Matthew Allen, as Authorized Representative of RDR Seashore, L.L.C., a Delaware limited
liability company, on behalf of the company. He is per,onally known to me or
has produced r-unt., , as identification. ,
.iI
NOTAR ' BLIC
State of Fl• 'da
Print Name
Commission Expires:
...................^....................„
„ag'a'r ap'B, NATALIA CHITTUM I
112356623.1 4 g,=,•',�"? Notary Public-State of Florida
« l i . ••'c Ni y Comm.Expires Mar 21,2016
4 fijor,"0,�`� Commission # EE 181964 r
Bonded Through National Notary Assn. 0
3
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
This Indemnification and Hold Harmless Agreement dated this day of April, 2015,
by TRG Sunny Isles VII West, L.L.C., a Florida limited liability company ("TRG") and RDR
Seashore, L.L.C., a Delaware limited liability company ("RDR"), in favor of the City of Sunny
Isles Beach, Florida (the "City"),
WITNESSETH:
WHEREAS, TRG has assigned to RDR 80,000 square feet of Transfer of Development
Rights ("TDR's") and 5 corresponding units held in an account designated and held for the
benefit of TRG with the City; and
WHEREAS, TRG and RDR 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 valueable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties do hereby agree as follows:
1. The above recitals are true and correct and are incorporated herein.
2. TRG has assigned to RDR 80,000 square feet of TDR's and 5 corresponding units
which are held in an account for the benefit of TRG with the City.
3. TRG waives any claims against the City arising as a result of the transfer of the
TDR's from TRG to RDR and RDR agrees and does hereby indemnify and hold harmless the
City from any liability as to any claims that may raise between TRG and RDR or any private
parties as a result of the transfer of the TDR's from TRG to RDR.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
WIITNNESSSED: ASSSI N R:
Signature TRG Su y Isles II West, L.L.C.
A Florida limited.li.bility company
_,i a /e
Print Na
By: Matthew Allen
Signature Its: Authorized Representative
Q L r C.-v*ON,
N,
Print Name
STATE OF FLORIDA )
SS.
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of April, 2015, by
Matthew Allen, as authorized representative of TRG Sunny Isles VII West, L.L.C., a Delaware
limited liability company, on behalf of the company. He personally known to me or
has produced F-- OL , as identific do .
•i/
NOTAR BLIC
State of Florida
Print Name
Commission Expires:
' oti "
Ppr o""vf a%. NATALIA CHITTUM
Notary Public-State of Florida
' •�: •=My Comm.Expires Mar 21.2016 r6
Commission #EE 181964
o'''''FOF ,���'' Bonded Through National Notary Assn. 0
WITNESSED: ASSIG EE
ost
Signature RDR SEASHORE, .L.C.
A Delaware limited liability company
tia 04'ae4
Print Name By: Matthew Allen
Its: Authorized Representative
)'
Signatu e
Waft, ( \I Utr
Print Name
STATE OF FLORIDA )
SS.
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this q' day of April, 2015, by
Matthew Allen, as authorized representative of RDR Seashore, L.L.C., a Delaware limited
liability company, on behalf of the company. He person I o o e, or has
produced - ( L , as identification.
NOTARY P LIC
State of Florida
Print Name
Commission Expires:
112356716.1
U ZPK•"r NATALIA CHITTUM
� nq '
:. , -T Notary Public-State of Florida
' :
� �s�� City of Sunny Isles Beach City Commission
s y George"Bud"Scholl,Mayor
("(31ANY
F 18070 Collins Avenue, Suite 250 Jeanette Gatto,Vice Mayor
n Isaac Action, Commissioner
fps = Sunny Isles Beach, Florida 33160 Jennifer Levin,Commissioner
` * (305)947-0606 City Hall Dana Goldman,Commissioner
r * .* * (305)949-3 113 Fax Christopher J.Russo City Manager
y� s\;>----,* FL o�\a SAP (305)947-2150 Building Department
Hans Ottinot,City Attorney
c/7-'"o F s u o '''4°'4o (305)947-5107 Fax Jane A.Hines,MMC,City Clerk
MEMORANDUM
TO: Honorable Mayor and City C s mission
A.
FROM: Hans Ottinot, City Attorney g■
DATE: April 16, 2015
RE: Resolution Donating Transfer of Development Rights ("TDRs") in the amount of
80,000 square feet of floor area for the development project located at 18975
Collins Avenue, Sunny Isles Beach, Florida.
RECOMMENDATION:
The attached Resolution is presented for your consideration.
REASONS:
As part of the transaction related to acquiring legal title to the property located at 15800 Collins
Avenue, the City has agreed to donate to TRG Sunny Isles VII West, LLC ("Assignor") 80,000
square feet of floor area and 38 dwelling units of Transfer of Development Rights ("TDRs").
The Assignor has agreed to assign 80,000 square feet of floor area and 5 dwelling units to RDR
Seashore, LLC for the development project located at 18975 Collins Avenue. The Private TDR
Bank account created for the Assignor shall be closed upon the assignment of the TDRs.