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HomeMy WebLinkAboutReso 2005-796 RESOLUTION NO. 2005-~/" A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ACCEPTING A DONATION BY PORTO BELLLAGIO PARTNERS, LLC OF 50% OF THE TRANSFERABLE DEVELOPMENT RIGHTS AVAILABLE TO PORTO BELLAGIO PARTNERS LLC PURSUANT TO RESOLUTION NO. 2005-755 TO THE CITY AND AUTHORIZING TRANSFER; PROVIDING FOR RECORDATION OF SUCH DOCUMENTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January13, 2005, the City Commission accepted the conveyance of approximately 2.417 acres of real property owned by Porto Bellagio Partners, LLC ("Applicant") known as Tract "D"; and severed the TDRs therefrom with instructions to staff to deposit same in Porto Bellagio Partners, LLC Bank in accordance with Resolution 2005-755; and WHEREAS, Porto Bellagio Partners, LLC at that meeting proffered a donation of 50% of the TDRs available to it for its own use to be deposited in the City's TDR account and 50% to its own account in the TDR Bank; and WHEREAS, Resolution 2005-755 which authorized this TDR transaction did not acknowledge the Applicant's proffer or the City's acceptance of same; and WHEREAS, the City Commission must accept that donation by formal resolution and so authorize staff to make such transfer. 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 recitals contained in this resolution are incorporated herein by reference. Section 2. Accepting the Donation of and Authorizing the Deposit of 50% of Transferable of Development Rights from Applicant to the City. The City hereby accepts the proffer of, and authorizes the transfer and deposit of 50% of the transferable development rights available to Applicant by virtue of Resolution 2005-755 to the account of the City. The City shall record whatever documentation that may be necessary to reflect same. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 12 +'ctay of m~ V- ,2005. " ~,TT:"'-.,' <", "::~~ , Jane A; Hin~s~ ,City Clerk APPROVED AS TO FORM AND LEG SUFFICIENCY yon M. Dannheisser, City Attorney MovedbY:lJ9\~"'A.J~ Goo~~ Second by: ('1)~ :Ic,L$ c\ I ~ VOTE AS FOLLOWS: 5-6 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias 0'Yes)_(No) ~Yes)_(No) v (Yes)_(No) ~Yes)_(No) ~(Yes)_(No) City Commission sa' Ike City of Sunny Isles Beach Norman S.Edelcup Mayor t Lewis J.Thaler V Mayor o �m 17070 Collins Avenue, Suite 250 Roslyn Brain,Commissioner Sunny Isles Beach, Florida 33160 Danny Iglesias,Commissioner Gerry Goodman Commissioner �.: '',4.:449 .y.. �r (305) 947-250 City Hall Christopher J.Russo.City M ger e .% 1305) 947-2150 Building Department Lynn M.Dennheisser,City Attorney p,. o oN .+ (305) 949-3113 Fax Jane A.Hines,Cat Clerk MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Lynn M. Dannheisser, City Attorney DATE: May 12, 2005 RE: Transfer of Development Rights from Porto Bellagio Partners,LLC. Recommendation: It is recommended that the City Commission approve the attached Resolution. Reasons: You will recall, on January 13, 2005, the City Commission accepted conveyance of Tract "D" or 2.417 acres of real property owned by Porto Bellagio Partners, LLC ("Applicant") in exchange for the severance of TDRs. At that hearing, the Applicant proffered back to the City 50% of the TDRs available to it for its transfer to the City of Sunny Isles Beach. The Mayor and Commission accepted that proffer and, in fact, made it a condition of the approval of the transfer. It has now come to my attention that the original resolution (Resolution 2005-755) was issued by the Clerk without any reference to the proffer and City's acceptance of the TDR's (even though the minutes of the meeting did so reflect.) To do this properly, and since no transfer in the bank can or should be made without specific approval of the Commission, and further, inasmuch as any "gift" regardless of nature or sort must be formally accepted by the Commission, attached you will find this resolution which refers back to the originally issued Resolution and officially reflects the acceptance of that donation of the 50% of TDRs. By passage of this Resolution, the City's records will now be complete. . LMD:jb