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HomeMy WebLinkAboutReso 2015-2408 RESOLUTION NO. 2015-mpg 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 FIFTY THREE THOUSAND SEVEN HUNDRED FIFTY (53,750) SQUARE FEET OF FLOOR AREA AND TWENTY FIVE(25)DWELLING UNITS TO DEZER UNIVERSAL 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 THIRTY EIGHT THOUSAND FIVE HUNDRED EIGHTY NINE (38,589) SQUARE FEET OF FLOOR AREA AND EIGHTEEN (18) 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 I 53adopted on avu 1 le,2015,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 hereby agrees to donate to Dezer Universal, LLC ("Assignor") TDRs in the amount of 53,750 square feet of floor area and 25 dwelling units into a Private TDR Bank account; and WHEREAS, the Assignor has agreed to transfer and assign to the Applicant 38,589 square feet of floor area and 18 dwelling units of TDRs for the development project located at 18975 Collins Avenue; and WHEREAS,the Private TDR Bank account of the Assignor will be adjusted to reflect the withdrawal and assignment of 38,589 square feet of floor area and 18 dwelling units of TDRs to RDR Seashore LLC for the property located at 18975 Collins Avenue and a remaining TDR balance of 15,161 square feet of floor area and 7 dwelling units in the Private TDR Bank account designated for the Assignor; and WHEREAS,the property receiving the 38,589 square feet of floor area and 18 dwelling is described on Exhibit"A" attached hereto; and RDR Seashore LLC 1'DR Bank-Alamo 4/8/2015 9:33 AM Page 1 of 3 WHEREAS, the City Commission agrees to authorize the donation 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. As consideration for the purchase of the "Alamo" property located at 18080 Collins Avenue, Sunny Isles Beach, Florida,the City Commission hereby approves a donation of Transfer of Development Rights("TDRs") in the amount of Fifty Three Thousand Seven Hundred Fifty(53,750) square feet of floor area and Twenty Five (25) dwelling units into a Private TDR Bank account designated for Dezer Universal, LLC. The donation of the TDRs is conditional on the transfer of legal title for the land located at 18080 Collins Avenue, Sunny Isles Beach, Florida. The City Commission further approves assignment and hold harmless agreements between Dezer Universal, LLC and RDR Seashore, LLC. Section 3. Authorizing the Withdrawal and Assignment of TDRs. The City Commission hereby authorizes the Zoning Administrator to withdraw 38,589 square feet of floor area and 18 dwelling units from the Private TDR bank account designated to Dezer Universal, LLC and to assign 38,589 square feet of floor area and 18 dwelling units to the development project for the property located at 18975 Collins Avenue approved under Zoning Resolution No. 1S-7-152,. If the development project is not approved,the Zoning Administrator is not required to withdraw and assign the aforementioned TDRs to the development project. Section 4. Directive to Zoning Administrator. The Zoning Administrator or their designee is hereby directed to adjust the Private TDR Bank account designated for Dezer Universal, LLC to reflect the withdrawal of TDRs in the amount of 38,589 square feet of floor area and 18 dwelling units from the Private TDR bank account according to the Zoning Resolution No. i5- . c R,and to reflect the remaining balance of 15,161 square feet of floor area and 7 dwelling units in favor of the Private TDR Bank account designated for Dezer Universal, 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 'son adoption. PASSED AND ADOPTED this 16th day of April, 201.. Geor:e H. Scholl, Mayor RDR Seashore LLC 1 DR Bank-Alamo 4/8/2015 9:08 AM Page 2 of 3 ATTEST: cz:Srp,„_ A41:a3 - Jane A. Hines, City Clerk, MMC APPROVED AS TO FORM AND • SUFFICIENCY: AI1 tans%ttinot,trty ;ttorney Moved by: 1 AJ O Seconded by: Y t 44 rYkatfyr 6 c i-T o Vote: 6-D Mayor Scholl ✓(Yes) (No) Vice Mayor Gatto 1/(Yes) (No) Commissioner Aelion %/(Yes) (No) Commissioner Goldman ✓ (Yes) (No) Commissioner Levine V (Yes) (No) RDR Seashore LLC TDR Bank-Alamo 4/8/2015 9:08 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 Dezer Universal, 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, 38,589 square feet of Transfer of Development Rights ("TDRs") and 18 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 38,589 square feet of TDR's and 18 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 38,589 square feet of TDR's and 18 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: Dezer Uni -rsal, .L.C., A Florio limited iabili ompany .. 04/1‘1,1f/ By: Gil Dezer Signature h /744 / Its: Authorized Representative Prin•%; -.es/ Sijture _t Print '•e e STATE OF FLORIDA ) SS. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this q day of April,2015,by Gil Dezer,as Authorized Representative of Dezer Universal,L.L.C.,a Florida limited liability company,on behalf of the company. He is j personally known to me or has produced ,as identification. BR FE NAND �.' /� / 0 tt'RY pU4 BRENDA E.FERNMIDEZ I. .L a O.!� .. .'�LA 4L �' ' MY COMMISSION fEE'168039 NOTARY ' f:LIC • * * EXPIRES:February 8,2016 S to of FI rida 114.m„5, Bonded TemBudget Nohry Services E �CY f Line Print Name Commission Expires: 4 c 2 • WITNES ED: ASSIGNEE RDR SEASHORE, L.L.C. Signature A Delaw.re 1'mited liability company './/' e/ci ;g ��1 e,cXo By V l� 4 Print Name Matthew Al len I II C) Its: Authorized Representative Signature kiddie, CNi 40,, Print Name STATE OF FLORIDA ) SS. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this cok, 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 personally known to me or has produced Pt,. DC- , as identification. n NOTARY IlkUBLIC State of Florida Print Name Commission Expires: NAIALIA CHII IuM :,0{,`µY',,+,6,, :tea ',,,"(�- Notary Public-State of Florida 4,1%4 My Comm.Expires Mar 21,2016 Commission # EE 181964 112356631.1 ;E ;,, Bonded Through National Notary Assn 3 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT This Indemnification and Hold Harmless Agreement dated this day of April, 2015, by Dezer Universal, L.L.C., a Florida limited liability company ("DU") 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, DU has assigned to RDR 38,589 square feet of Transfer of Development Rights ("TDR's") and 18 corresponding units held in an account designated and held for the benefit of DU with the City; and WHEREAS, DU 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. DU has assigned to RDR 38,589 square feet of TDR's and 18 corresponding units which are held in an account for the benefit of DU with the City. 3. DU waives any claims against the City arising as a result of the transfer of the TDR's from DU 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 DU and RDR or any private parties as a result of the transfer of the TDR's from DU to RDR. • IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESSED: ASSIGNOR: Dezer Univ= sal,L .C. A Florida ited.iability c pany '/ .� �,,.. By: - Gil Dezer 7C sq4 a/S o� Its: Authorized Representative Prmt N-$ lee ,0•141 .tore • te Print e STATE OF FLORIDA ) SS. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this 9 day of April,2015,by Gil Dezer,as Authorized Representative of Dezer Universal,L.L.C., a Delaware limited liability company, on behalf of the company. He JC personally Q o me or has produced ,as identification. �'.Y.Z&4, BRENDA E.FERNANDEZ j MY COMMISSION I EE 168939 NOTARY PUBLIC " February S to of Florida ��- - EXPIRES:Feb�ua 6,2916 �f?�OFfLF 801dBTtr1 Budget Notary Services LL ye_rr G +ei cer► e Z Print Name Commission Expires: & c ACV WITNESSED: ASSIGNEE RDR SEA HO , L.L.C. A Delaware lir �ted 1}.brit company .5,6/4 By: t ) Signature Matt ew Allen 1/,'dkj%ct , )eijc1'd I ts: Authorized Representative Print Name U Signature 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 RDR Seashore, L.L.C., a Delaware limited liability company, on behalf of the company. He personally wir me or has produced as identification. NOTA PU IC State of Florida Print Name Commission Expires: 112356716.1 �?O O',Pie NATALIA CHITTUM ',• Notary Y Public-State of Florida i ;Y MY Comm.Expires Mar 21,2016 '"",N: Commission#EE 181964 Bonded Through National Notary Assn. S\)NNY 'T City f Sunny sles Beach City Commission F Fs y y George"Bud"Scholl,Mayor ° F 18070 Collins Avenue, Suite 250 Jeanette Gatto,Vice Mayor ti v Isaac Aelion, Commissioner �. - 'I Sunny Isles Beach, Florida 33160 * r,:,4,4.) ,, Jennifer Levin,Commissioner (305)947-0606 City Hall Dana Goldman,Commissioner ** ** (305)949-3113 Fax yF/99'* F'.°P\Q SAP (305)947-2150 Building Department Christopher J.Russo City Manager car ,,o (305)947-5107 Fax Hans Ottinot,City Attorney r or s u o P Jane A.Hines,MMC,City Clerk MEMORANDUM TO: Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: April 16, 2015 RE: Resolution Donating Transfer of Development Rights ("TDRs") in the amount of 53,750 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 transaction related to acquiring legal title to the property located at 18080 Collins Avenue, the City has agreed to donate to Dezer Universal, LLC ("Assignor") 53,750 square feet of floor area and 25 dwelling units of Transfer of Development Rights ("TDRs"). The Assignor has agreed to assign 38,589 square feet of floor area and 18 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 adjusted to reflect a balance of TDRs in the amount of 15,161 square feet of floor area and 7 dwelling units.