HomeMy WebLinkAboutReso 2015-2409 RESOLUTION NO. 2015-wioci
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN
ASSIGNMENT OF TRANSFER OF DEVELOPMENT RIGHTS
("TDRS") IN THE AMOUNT OF SIXTY EIGHT THOUSAND
SIX HUNDRED NINETY FOUR (68,694) SQUARE FEET OF
FLOOR AREA AND THIRTY SEVEN (37) DWELLING UNITS
FROM A PRIVATE TDR BANK ACCOUNT OF GIL DEZER TO
RDR SEASHORE, LLC; APPROVING ASSIGNMENT AND
HOLD HARMLESS AGREEMENTS; AUTHORIZING THE
ZONING ADMINISTRATOR TO WITHDRAW SIXTY EIGHT
THOUSAND SIX HUNDRED NINETY FOUR (68,694) SQUARE
FEET OF FLOOR AREA AND THIRTY SEVEN (37)
DWELLING UNITS FROM THE AFOREMENTIONED
PRIVATE TDR BANK ACCOUNT FOR ASSIGNMENT TO 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 15Z adopted on 0404 4 I l. �b 15y 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 approve an assignment of "TDRs"
from the Private TDR Bank account of Gil Dezer ("Assignor") to the Applicant in the amount of
68,694 square feet of floor area and 37 dwelling units; and
WHEREAS, 68,694 square feet of floor area and 37 dwelling units are being utilized in
the zoning application 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 of 68,694 square feet of floor area and 37 units to RDR Seashore, LLC and to reflect
the assignment of 68,694 square feet of floor area and 37 units for the property located at 18975
Collins Avenue; and
WHEREAS, the property receiving the 68,694 square feet of floor area and 37 dwelling
units is described on Exhibit"A" attached hereto; and
WHEREAS, the City Commission agrees to authorize the assignment of the TDRs
contemplated herein as an incentive for development pursuant to its Charter and Home Rule
Authority.
Transfer of TDRs from Private Bank account to RDR Seashore,LLC TDR Bank-18975 Collins Ave.
Page 1 of 3
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 Assignment of TDRs from Gil Dezer to RDR Seashore, LLC.
The City Commission hereby approves an assignment of Transfer of Development Rights
("TDR5") in the amount of Sixty Eight Thousand Six Hundred Ninety Four (68,694) square feet
of floor area and Thirty Seven (37) dwelling units from a Private TDR Bank account designated
for Gil Dezer to RDR Seashore, LLC. The City Commission further approves the Assignment
and Hold Harmless Agreements.
Section 3. Authorizing the Withdrawal and Assignment of TDRs. The City Commission
hereby authorizes the Zoning Administrator to withdraw 68,694 square feet of floor area and 37
dwelling units from the Private TDR Bank account designated for Gil Dezer and to assign 68,694
square feet of floor area and 37 dwelling units for the development project for the property
located at 18975 Collins Avenue approved under Zoning Resolution No. 15-Z- I S 2,
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 68,694 square feet of floor area and 37 dwelling
units according to Zoning Resolution No. 16-7- 162, . The Private TDR Bank account for Gil
Dezer shall be closed.
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 eff: five on adoption.
PASSED AND ADOPTED this 16th day of April, 2115.
Geor_e H. Scholl, Mayor
ATTEST:
Jane A. Hines, City Clerk, MMC
Transfer of 1DRs from Private Bank account to RDR Seashore,LLC TDR Bank-18975 Collins Ave.
Page 2 of 3
APPROVED • 0 FORM
AND r :I r.` 'FICIENCY:
fan: Ottinot, City Attorney
Moved by: 0.15 A-4.I1 o.0
Seconded by: Y ice Ma"-be GATT°
Vote: S-0
Mayor Scholl I/ (Yes) (No)
Vice Mayor Gatto ✓ (Yes) (No)
Commissioner Aelion ` (Yes) (No)
Commissioner Goldman (Yes) (No)
Commissioner Levin V(Yes) (No)
Transfer of TDRs from Private Bank account to RDR Seashore,LLC TDR Bank-18975 Collins Ave.
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
TDR 2011 CH
City Use Only
SUNNY /sC�
EcErgeffi
!.�
Date Received o� so
Date Issued { }` y
Resolution ,041" � ; * �MjAR 2 3 2015 10
S- 06
tiF 199, FLOP\ 0 S'z PLANNING & ZONING DEPT.
C/TY Of SUN 0
APPLICATION FORM
TRANSFER OF DEVELOPMENT RIGHTS
PROGRAM CERTIFICATE
Clerk of Court Use Only
I. APPLICANT INFORMATION
NAME RDR Seashore,LLC
PHONE 305-932-1000 E-MAILconstruction @dezer.comFAX 305-705-9948
ADDRESS 315 S. Biscayne Blvd,4th Floor
CITY AND STATE Miami, FL ZIP CODE 33131
II. RECEIVER SITE INFORMATION AS APPLICABLE
OWNERS NAME RDR Seashore,LLC
PHONE 305-932-1000 E-MAIL achesnick @dezer.com FAX 305-705-9948
ADDRESS 18001 Collins Ave. 31st Floor
CITY AND STATE Sunny Isles Beach, FL ZIP CODE 33160
PROPERTY ADDRESS/LOCATION 18975 Collins Avenues SIB, FL 33160/Seashore Club South
Tract"E"Less the N.200FT,Amended plat of N.Bisc.Bch.rec.plat bk#44 pg#42
LEGAL DESCRIPTIONof the public records of MDC,FL
FOLIO NUMBER 31-2202-003-0080 CURRENT ZONING MU-R
PROPERTY SIZE 135,713 sq.ft PURCHASE DATE Feb. 18, 2015
„.,::......U..kft. t, ,.w2. x,.4.1,44 :. .,.,:. .:,• n 411:1. 11:41,4.,. ,.,Wu/.1%
City of Sunny Isles Beach 1 Planning and Zoning Department
TDR 2011 CH
EXISTING USE OF PROPERTY Condominium/Motel
EXISTING STRUCTURE ON PROPERTY Being Demolished
PROPOSED FLOOR AREA RATIO 5.98 DENSITY308 residential units
PERCENTAGE OF RIGHTS TO BE RECEIVED 23%
SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED 68,694 sq.ft.
DWELLING UNITS TO BE RECEIVED 37 units
TOTAL FLOOR AREA RATIO INCLUDING TDR 5.98
TOTAL DWELLING UNITS INCLUDING TDR 285
III. SENDING SITE INFORMATION
OWNERS NAME Gil Dezer-Private TDR Account
PHONE 305-932-1000 E-MAIL FAX
ADDRESS 18001 Collins Avenue, 31st Floor
CITY AND STATE Sunny Isles Beach ZIP CODE 33160
PROPERTY ADDRESS/LOCATION Private TDR Account
LEGAL DESCRIPTION
FOLIO NUMBER CURRENT ZONING
PROPERTY SIZE PURCHASE DATE
EXISTING USE OF PROPERTY N/A
EXISTING STRUCTURES ON PROPERTY
BASE FLOOR AREA RATIO PERMITTED UNITS PERMITTED
SQUARE FOOTAGE OF FLOOR AREA TRANSFERRED TO TDR BANK 68,694
DWELLING UNITS TRANFERED TO TDR BANK 37
City of Sunny Isles Beach 2 Planning and Z oning Department
TDR 201 I CH
IV. APPRAISAL INFORMATION-AS APPLICABLE [APPRAISER MUST BE
APPROVED BY THE CITY]
NAME AppraisalFirst Real Estate Appraisers
PHONE 305-470-2130 E-MAIL frank @appraisalfirst.net FAX 305-470-2159
ADDRESS 1444 Biscaynd Blvd.,Ste#211
CITY AND STATE Miami,FL ZIP CODE 33132
DATE OF APPRAISAL
APPRAISAL VALUE OF SITE
V. TITLE COMPANY INFORMATION AS APPLICABLE [TITLE COMPANY MUST
BE APPROVED BY CITY]
A COMMITMENT OF TITLE INSURANCE FOR A FORM"B"MUST BE SUPPLIED BY THE
SENDING SITE APPLICANT AS PART OF A COMPLETE APPLICATION
NAME OF TITLE COMPANY N/A
ADDRESS
PHONE E-MAIL FAX
VI. SURVEY COMPANY INFORMATION
NAME OF SURVEYOR
ADDRESS N/A
PHONE E-MAIL FAX
VII. PROPERTY OWNER CERTIFICATION
NAME OF COMPANY
ADDRESS N/A
PHONE E-MAIL FAX
VIII. OUTDOOR CODE VIOLATIONS, AS APPLICABLE
City of Sunny Isles Beach 3 Planning and Zoning Department
TDR 2011 CH
(PROVIDE CERTIFICATION FROM CITY'S CHIEF CODE INSPECTOR)
IX. CERTIFICATION OF RESOLUTION FOR YOUR PROPERTY AND INCLUDING
ADJACENT LOTS
X. PROPERTY OWNER CERTIFICATION AND ACKNOWLEDGEMENT
I HEREBY CERTIFY THAT
1) THE INFORMATION FURNISHED ON THIS APPLICATION AND THE ATTACHEMNTS
ARE TRUE
2) I AM THE OWNER OF RECORD OF THE PROPERTY DESCRIBED IN SECTION (II) (III)
(circle applicable number).
3) IF THE APPLICATION, AS MODIFIED OR AMENDED DURING THE REVIEW AND
APPROVAL PROCESS, IS GRANTED, I AGREE, IN CONSIDERATION THEREFORE, TO
INDEMNIFY AND HOLD HARMLESS, AND PROMISE NOT TO SUE, THE CITY OF
SUNNY ISLES BEACH, INCLUDING ITS OFFICERS AND EMPLOYEES, IN
CONNECTION WITH ANY CLAIMS OR OTHER ACTIONS ARISING OUT OF SAID
REVIEW AND APPROVAL.
4) I HEREBY ACKNOWLEDGE AND AGREE THAT IF THE PROPERTY IS APPROVED AS
A SENDER SITE, IT SHALL BE CONVEYED TO THE CITY AS VACANT PROPERTY
WITHOUT ANY STRUCTURES LOCATED THEREON, UNLESS OTHERWISE
AAPROVED BY THE CITY MANAGER. THE REMOVAL OF STRUCTURES FROM THE
SITE SHALL BE AT NO COST TO THE CITY.
5) I HEREBY ACKNOWLEDGE AND AGREE T T, AT THE EXPIRATION OF THE FIVE
YEAR PERIOD -OMMENCING WIT E DATE OF THE CITY COMMISSION
APPROVAL 0 TI- E PROPERTY SENDER SITE, ANY UNUSED DEVELOPEMNT
RIGHTS T' SF' RRED FRO THE SENDER STTE SHALL EXPIRE, TERMINATE AND
BECOME ' T UISHE D UNUSABLE.
SIGNATURE OF OWNER(APPLICANT) DATE
SIGNATURE OF CO-OWNER(CO-APPLICANT) DATE
STATE OF FLORIDA
City of Sunny Isles Beach 4 Planning and Zoning Department
TDR 201i CH
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 9 3 day of MMYe-cil
20\S, by Cli I I)Q on behalf of r01
. e crud v✓t? t a Florida (corporation) (partnership) (other)
. He /She is personallknown tome or has produced
(type of identification produced) as identification
and did take an oath.
My Commission Expires: t' l �/Lc' C4
ao��":°;;�{ BRENDA E.FERNANDEZ
Notary Public State of Florida
* c_� * MY COMMISSION 8 EE 168039
in . EXPIRES:February 8,2016
0, 4,- Bolded ThwBudget Notary Services Print Name: ✓0/?GAG ��//1U/ic(t
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20 , by on behalf of
, a Florida (corporation) (partnership) (other)
He/She is personally known to me or has produced
(type of identification produced) as identification
produced and did take an oath.
My Commission Expires:
Notary Public, State of Florida at Large
Print Name:
City of Sunny Isles Beach 5 Planning and Zoning Department
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 Gil Dezer, an individual ("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, 68,694 square feet of
Transfer of Development Rights ("TDRs") and 37 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 68,694 square feet of TDR's and 37 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 68,694
square feet of TDR's and 37 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 el and voluntarily
on this day of April,2015.
WITNESSED' ASSIGN R:
•
Aft-
-:dm."
ature DEZER,Individually
A. I
Print Name
AA. d
re
ephan Cruz
Print Name
t
STATE OF FLORIDA )
) SS.
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this q day of April,2015,by
Gil Dezer,Individually. He is 1L personally known to me or has produced
,as identificai bn.
•
• 1e'`:::.4cf, BRENDA E.FEHWWDFZ
dlae%
MY COMMISSION tEE16808B NOTARY PUBLIC
EXPIRES:February&2016 State of Florida
',� we Bonded llw Budget Nd*7Slobs Lehdc Feria/7de-�
Print Name
Commission Expires: A-S-I(p
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I
WITNESSED: ASSIGNEE
. ..- t�.l_ RDR SEASHO , L.L.C.
ignature A Delawar limibd liability company
iiii /2 / .I\ it/i/(Th
OCA';C> c'./1349Q c By V
Print Name , r Matthew Alle>¢
6" \
Its: Authorize Representative
Signature
k)c ii o C h..6 iy-
Print Name
STATE OF FLORIDA )
) SS.
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this CO 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 GLr DL , as identification.
glill
r)
NOTARY BLIC
State of F1ori a
Print Name
Commission Expires:
112354913.1
=VT', NATALIA CHITTUM otary Public-State of Florida Comm.Expires Mar 21.2016 Commission#EE 181964 nded Through National Notary Assn.
3
1
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
This Indemnification and Hold Harmless Agreement dated this day of April, 2015,
by Gil Dezer, an individual ("Dezer") 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, Dezer has assigned to RDR 68,694 square feet of Transfer of Development
Rights ("TDR's") and 37 corresponding units held in an account designated and held for the
benefit of Dezer with the City; and
WHEREAS, Dezer 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. Dezer has assigned to RDR 68,694 square feet of TDR's and 37 corresponding
units which are held in an account for the benefit of Dezer with the City.
3. Dezer waives any claims against the City arising as a result of the transfer of the
TDR's from Dezer 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 Dezer and RDR or any private
parties as a result of the transfer of the TDR's from Dezer to RDR.
IN WITNESS WHEREOF, the parties have hereunto set their h: s•. d seals the day
and year first above written.
WITNESSED: ASSIG R:
•
Si: ature • GIL L EZER,Individually
Pr, ,
Si ,fture n.- w
eA
Print N me
STATE OF FLORIDA )
) SS.
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this q day of April,2015,by
Gil Deter,Individually. He is, personally known to me_or has produced
,as identification. A l‘64
40\' MY BRENDA E.COMMISSION i EEi68039 NOTARY PUBLIC
•* 'fir - .„ Bon*Tt uWINarySwi16 Stair of Florida , 4Q44de�
Jr' •v,, ti�dCdTMv Budget Notary Swim / q
Print Name
Commission Expires: a- $-l(..0
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WITNESSED: ASSIGNEE
RDR SEAS O , L.L.C.
,
A
B Delaw� r li illttitompany
Signature M tthew All n
/Cllr i'a uC4' Its: Authorized Representative
Print Nam n
l
Signature
Nc ;k Can,1{,►1Y•
Print Name •
STATE OF FLORIDA )
) SS.
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this C144 - 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 perso al y ,a n t► me or has
produced Q L , as identification. I fl
., f1
NOTAR U: IC
State of Florida
Print Name
Commission Expires:
112354942.1
o L^m, NATALIA CHITTUM
r;� : Notary Public-State of Florida at,=•• ii-i . =My Comm.Expires�77� . Pires Mar 21,2016
' �m`- °•� Commission#EE 181964
■ Bonded Through National Notary Assn.
Item Coversheet Page 1 of 1
Fyv-"P'',„ City of Sunny Isles Beach
ter` 18070 Collins Avenue
t I `�•M Sunny Isles Beach,Florida 33160
1
�.
sr °'•F 40P,O (305)947-0606 City Hall
''°o.,,•' (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo,City Manager
FROM: Claudia Hasbun,Zoning Administrator/Planning
Manager
DATE: 4/16/2015
Transfer and Assignment of Development Rights for
RE: Residences by Armani/Casa located at 18975 Collins
Avenue,Sunny Isles Beach, Florida.
PZ2015-06
RECOMMENDATION:
The attached Resolution is presented for your consideration.
REASONS:
RDR Seashore, LL is the Applicant ("Applicant") for the requested
transfer and assignment of Private Transfer Development Rights
("TDRs") in the amount of 68,694 square feet of floor area and 37
dwelling units. The current owner of the private TDRs Bank is Gil
Dezer ("Assignor") and attached hereby is the Assignor agreement
and hold harmless to Applicant for the transfer of TDRs in the amount
of 68,694 square feet of floor area and 37 dwelling units, consequently
the Applicant is requesting the assignment of the TDRs to be in
accordance to Zoning Resolution No. . Lastly, after the
transfer and assignment,the Private Bank account shall be closed.
ATTACHMENTS:
Description
Resolution
Application
Assignment agreement
Hold Harmless Agreement
Item Number: 10.R.
http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1623 4/10/2015