HomeMy WebLinkAboutReso 2005-823
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RESOLUTION NO. 2005- ~ ~3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE
TRANSFER OF DEVELOPMENT RIGHTS ("TDRS") IN THE
AMOUNT OF TWO HUNDRED THIRTY -SIX THOUSAND NINE
HUNDRED FORTY-FIVE (236,945) SQUARE FEET OF FLOOR
AREA AND NINETY -NINE (99) DWELLING UNITS TO TRG
SUNNY ISLES, LTD. FROM THE SUB-BANK ACCOUNTS
OWNED BY FORTUNE INTERNATIONAL, THE RELATED
GROUP, AND CITY PLAZA CORPORATION; DIRECTING THE
ZONING ADMINISTRATOR OR DESIGNEE TO TRANSFER
THE TDRS FROM THE SUB-BANK ACCOUNTS IN
ACCORDANCE WITH ZONING RESOLUTION 05-Z-94;
PROVIDING FOR CONSENT TO TRANSFER TDRS FROM SUB-
BANK ACCOUNTS; AUTHORIZING THE ADJUSTMENT OF
THE TDR BANK; PROVIDING THE CITY MANAGER WITH
THE AUTHORITY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, by Zoning Resolution No. 05-Z-94, adopted July 14, 2005, the City
Commission approved the zoning application submitted by TRG Sunny Isles, LTD. (commonly
known as Trump Towers I, II, and III) for the transfer ofTDRs in the amount of 414,207 square
feet of floor area and 180 dwelling units; and
WHEREAS, by Resolution No. 2004-681, adopted June 3, 2004, the City Commission
designated the Casino Property as a sending site for purposes of transferring TDRs in the amount
of3.75 F.A.R. (566,737 square feet) and 80 dwelling units per acre (277 dwelling units); and
WHEREAS, by Resolution No. 2004-685, adopted July 8, 2004, the City Commission
provided the Zoning Administrator or designee with the authority to transfer TDRs from the
Casino Property to the TDR Bank for the purpose of transferring such rights to a receiving site;
and
WHEREAS, the Zoning Administrator divided the Casino's TDR Bank into sub-
accounts to reflect the purchase of TDRs by Fortune International, The Related Group, and City
Plaza Corporation; and
WHEREAS, the Casino Property Bank has the following sub-accounts:
1) Fortune International (alk/a Fortune Ocean, L.L.P.) @ 124,991 square feet
61 units
2) The Related Group @ 82, 792 square feet
3) City Plaza Corp @ 29, 162 square feet
20 units
18 units
and;
TRG Resolution Page 1 of 3
WHEREAS, Fortune International, The Related Group, and City Plaza Corporation now
wish to transfer the combine total of TDRs in the amount of 236,945 square feet of floor area
and 99 dwelling units from their sub-accounts to TRG Sunny Isles, LTD. to be used in
accordance with Zoning Resolution No.05-Z-94; and
WHEREAS, the property receiving the TDRs is located at Lots 80 thru 89, Tatum's
Ocean Beach Park Subdivision recorded in PB 5 PG 35 of the Public Records of Miami-Dade
County, lying East of the Easterly boundary of State Road AlA (aJk/a Collins Avenue), Sunny
Isles Beach, Florida.
WHEREAS, the City Commission agrees to authorize the transfer of the TDRs
contemplated herein in accordance with its transfer of development rights ordinance.
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 Transfer of Development Rights. Pursuant to Section 265-23.3 of
the City Code and in accordance with Zoning Resolution No. 05-Z-94, the City Commission
hereby authorizes the transfer of the development rights in the amount of 236,945 square feet of
floor area and 99 dwelling units to TRG Sunny Isles, LTD. from the TDR sub-accounts owned by
Fortune International, The Related Group, and City Plaza Corporation.
Section 3. Directive to Zoning Administrator. The Zoning Administrator or designee is
hereby directed to transfer the development rights from TDR Bank to TRG Sunny Isles, LTD. in
accordance with Zoning Resolution No. 05-Z-94.
Section 4. Consent to Transfer from Sub-Bank Accounts. The consent to transfer TDRs from
the sub-bank accounts owned by Fortune International, the Related Group, and City Plaza is
reflected in the attached letters.
Section 5. Adiustment to TDR Bank for the Casino Property. The Zoning Administrator is
hereby instructed to make the necessary adjustments to the TDR sub-accounts owned by Fortune
International, The Related Group, and City Plaza Corporation or in the alternative, the TDR Bank
commonly known as the Casino Bank.
Section 6. Authority of the City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 7.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 14th day of July 20
)
TRG Resolution Page 2 of 3
'. '
ATTEST: d'
, ~.
~ ~- " ,..., ",'~
:'.' ',"A.;~
~ane A. H~nes, ~io/-'Clerk
APPROVED AS TO FORM
AND LE S FFICIENCY:
Moved by: GW\YY\AbAIOIOe.R btf)O~
Seconded by: CcVl'\\'V\\SSloott L ~L~~/~
Vote: S-D
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
-1L.(Yes)
v(Yes)
V(Yes)
~es)
_ Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
TRG Resolution Page 3 of 3
AUTHORIZA nON TO WITHDRAW AND TRANSFER TDRs AND RELEASE
CERTIFICATE
City Plaza Corporation, a Florida corporation, (collectively referred to hereinafter as
"Owner") certifies as follows:
1) As of the date of execution of this Certificate, the Owner owns TDRs existing in the
Casino TDR Bank established by City of Sunny Isles Beach Resolution No. 2004-681, adopted
June 3, 2004, (the "CASINO TDR BANK"), in the amount of 29,161. square feet and 18
residential units.
2) Consent and authorization to withdraw and transfer TDRs, as required by Section 265-
23. 7 of the Charter and Code of the City of Sunny Isles Beach, (the "Code") from the Casino
TDR Bank to TRG Sunny Isles V, Ltd., a Florida Limited Partnership TRG Sunny Isles VI, Ltd.,
a Florida Limited Partnership, and TRG Sunny Isles YD, Ltd., a Florida Limited Partnership
(collectively, the "TRG Receivers"), for the development of a Receiving Site at 15811 through
16001 Collins Avenue, Sunny Isles Beach, FL, to be known as TRUMP TOWERS I, II, and Ill,
is hereby granted, in the following allocation:
Owner consents to the withdrawal and transfer of 29,161 amount of square
feet of development rights and 18 residential units.
3) Owner hereby releases the CITY, including its elected and appointed officials,
employees, agents and consultants from any and all claims, suits, actions, damages, losses,
judgments or causes of action of whatever nature which the Owner may have arising out of the
approval by the CITY of the requested transfer of development rights pursuant to Zoning
Application No. Z 2004-08 submitted on October 6,2004, as amended by the Fourth Amended
Application Letter dated May 20,2005, by TRG Sunny Isles, Ltd. ( TRUMP TOWERS I, ll, ill).
Owner hereby agrees to indemnify and hold hannJess the CITY, including its elected and
appointed officials, employees, agents and consultants from any and all claims, suits, actions,
damages, losses, judgments or causes of action stemming from a dispute over the assertion of
Owner of the interests set forth in Section 2 above, and the transfer thereof to the TRG Receivers
in the amount stated.
4) The consent and authorization described in Section 2 above is contingent upon the
IDR's being acquired from Owner by or on the behalf of the TRG Receivers. Owner shall
provide written notification of the closing to the CITY. In the event that the acquisition of the
IDR's is not closed upon on or before sixty (60) days after the public hearing authorizing the
transfer of IDR's, then this consent shall be null and void. The parties understand that in such
event, the approval of the transfer of TOR's wiJl need to be modified at public hearing to identify
an alternative source of TDR's apart from Owner's interest in the CASINO TOR BANK.
GMM CONSENT/INDEMNIF mRS , 23 0' draft 2
MIADOCS 104086 J
IN WITNESS WHEREOF, the undersigned have executed this instrument as of the date below.
WITNESSES:
~
/
W4-r,fL'1 ~C:tIfYt
Print Name:
Print Name:
GMM CONSENTIINDEMNIF TORS S 23 OS draft 2
MIADOCS 804086 1
OWNER: C ir'7 Pt./f~ CorU'.
Date: ~ 1 2.QO r
Owners Address: l1-rOo 4~'~ "Iv.
~1 II /'f/~" Fw,.",'-:J".,.
JUL-14-2005 THU 12:51 PM ShuLLs and Bowen
FAX NO. 3053819982
P. 02
AvmORIZATlON 10 MmDRAW AND TRANSFBR mlls AND 1mLEASE.
CBRTIPICATB
Fortune Ocean, LLLP. a Florida limited liability limited partnership, (collectively
referred to hereinafter as "Owner") certifies as fullows:
1) As of the date of execution of this Certificate, the Owner owns TDRs existing in the
Casino TDR Bank established by City of Sunny Isles Beach Resolution No. 2004-681, adopted
June 3, 2004, {the ''CASINO TDR BANK"}, in the amoUnt of 124,991 square feet and 61
residential units.
2) Consent and authorization to withdraw and transfer TORs, as required by Section 265-
23. 7 of the Charter and Code of the City of Sunny Isles Beach, (the "Code") from the Casino
TDR Bank to TRG Sunny Isles V, Ltd., a Florida Limited Partnership TRO Sunny Isles VI~ Ltd..
a Florida Limited Partnership. and TRG Sunny Isles vn, Ltd., a Florida Limited Partn~p
(collectively, the "fRO Receivers"), for the development of a Receiving Site at 15811 through
]6001 Conins Avenue, Sunny Isles BeaCh, ~ to he known as TRUMP TOWERS I, II, and In,
u hereby granted, in the follOwing allocation:
Owner consents to the withdrawal and transfer of ] 24,991 amount of
square feet of development rights and 61 residential units.
3) Owner hereby releases the CITY. including its elected and appointed officials,
employees, agents and consu]tai:1ts from any and all claims, suits, actions, damages, losses,
judgments or causes of action of whatever nature whioh the Owner may have arising out of the
approval by the CITY of the requested transfer of development rights pursuant to Zoning
Application No. Z 2004-08 submitted on October 6, 2004. as amended by the Fourth Amended
Application Letter dated May 20,2005, by TRG Sunny Isles, Ltd. (TRUMP TOWERS I, II, ill).
Owner hereby agrees to indemnifY and ho ld harmless the CITY, including its eJected and
appointed officials. employees, agents and consultants from any and all claims. suits, actions,
damages, losses, judgments or causes of action stemming 'from a dispute over the assertion of
Owner of the interests set furth in Section 2 above., and the transfer thereof to the TRG Receivers
in the amount stated.
4) The consent and authorization described in Section 2 above is contingent upon the
TDR's being acquired from Owner by or on the behalf of the TRG Receivers. Owner shall
provide written notification of the closing to the CITY. In the event that the acquisition of the
TDR's is not closed Upon on or before sixty (60) days after the public hearing a1Jtborizing the
transfer of TOR's, then this consent shall be null and void. The parties understand that in such
event, the approval of the transfer ofTDR's will need to be modified at public hearing to identify
an alternative source ofTDR's apart from Owner's interest in the CASINO TDR BANK.
OMM CONSENTIINDEMNIF"fORS 5 23 05 drdll2
MIADOCS 804086 I
JUL-14-2005 THU 12:52 PM Shutts and Bowen
FAX NO. 3053819982
P. 03
IN WITNEss WHEREOF, the undersigned have executed this instrument as of the date below.
WITNESSBS:
OWNER:
~
Fortune Ocean, LLLP. a Florida limited HabiJity limited
partnership
E,jfJU.rJ~ ~flr'f
Print Name: -,
By: Ocean Residences GP. LLC. a Florida limited
liability COmpany, General partner
25-~
~.(~ ~~
Print Name:
By: Fottune International Management Inc., a
Florida corporation, Manager
Date:
Owners Address: 1300 Brickell Avenue
Miam~ Florida 33] 3 )
GMM CONSENTIINDEMNIF TORS S 23 05 draft 2
MIAOOCS I040i6 I
JUL-14-2005 THU 12:52 PM Shu~~s and Bowen
FAX NO. 3053819982
P. 04
BOARD OF nng:crORS RESOLUTION
In lieu of a special meeting of the Board Directors of Fortune International Management. Inc.,
a Florida corporation (the ''Corporation'') the undersigned, constituting the entire Board of Directors
of the above named COlpOration by unanimous vote adopted the following reso!utiC?n:
WHEREAs, the Corporation is the duly appointed manager of Ocean Residences OF, LLC, a
Florida limited liability company which is the general partner of Fortune Ocean LLLP, a Florida
limited liability limited partnership.
Now therefore it is hereby,
RESOLVED, that the Edgardo Defortun8) is the President of the Corporation and is hereby
authorized to execute any and all correspondences, agreements, contracts and other docwnents
relating to the Transferable Development Rights in the City of Sunny Isles Beach, Florida and any and
all other lawful matters conducted by the COlporation.
The undersigned are the duly elected entire Board of Directors of the Corporation.
Dated: May 16, 2005
Directors:
BOOK 23691 PAGE 1069
LAST PAGE
June 8, 2005
Hand Deliverv & PDF
Mr. Jorge Vera
Zoning Administrator
City of Sunny Isles Beach
18070 Collins Avenue, 4th Floor
Sunny Isles Beach, Florida 33160
Re: Ownership of Transferable Development Rights in the Casino Property
Dear Mr. Vera:
Per the request of the City Attorney's Office, this letter confirms that The Related Group ("Related"),
by and through its affiliate entities, Trelcom Development, Ltd. and Trelcom Sunny Isles, Inc., consents to
and authorizes the City to apply its interest in the Casino TOR Bank established by City of Sunny Isles Beach
Resolution No. 2004-681, adopted June 3, 2004, (the "CASINO TDR BANK") to TRG Sunny Isles V, Ltd., a
Florida Limited Partnership TRG Sunny Isles VI, Ltd., a Florida Limited Partnership, and TRG Sunny Isles
VII, Ltd., a Florida Limited Partnership (collectively, the "TRG Receivers"), for the development of a
Receiving Site at 15811 through 16001 CoJljns A venue, Sunny Isles Beach, FL, to be known as TRUMP
TOWERS I, II, and III. Please be advised that Related currently owns TOR's in the Casino Property
comprising 82,792 square feet of development and 20 residential units.
Related hereby releases the City of Sunny Isles Beach ("CITY"), including its elected and appointed
officials, employees, agents and consultants from any and all claims, suits, actions, damages, losses,
judgments or causes of action of whatever nature which the Owner may have arising out of the approval by
the CITY of the requested transfer of development rights pursuant to Zoning Application No. Z 2004-08
submitted on October 6, 2004, as amended by the Fourth Amended Application Letter dated May 20,2005, by
TRG Sunny Isles, Ltd. ( TRUMP TOWERS I, II, III). Owner hereby agrees to indemnify and hold harmless
the CITY, including its elected and appointed officials, employees, agents and consultants from any and all
claims, suits, actions, damages, losses, judgments or causes of action stemming from a dispute over the
assertion of Owner of the interests set forth in the preceding paragraph above, and the transfer thereof to the
TRG Receivers in the amount stated
The undersigned is authorized to sign this letter on behalf of Related.
Sincerely,
By 9xtk ~~~
(~ ~.jL~~(~C
cc: Mr. Tom Daly
Mr. Peter Weiner
Mr. Jonathan Veniar
Joseph G. Goldstein, Esq.