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.
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, 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
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�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. .
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