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HomeMy WebLinkAboutReso 2005-823 - - - - _ <I: - Ci - >-t - " iiiiiiii -;;; =: -111 l..L. -0. =0-- ... --. >- _ l- _-Qo. Z _0-. =:. iiiiiiii ~ 8 :;;;.;::. _ UJ =' ~ -....... Ci --0 I -......, 1--1 iiiiiiii .;::. :E:: _ <I: -1ft >-t -111 :E:: iiiiiiii Ca- _ -....... r-- l- =0-.........0::: --..oa.~ -r.1.......0 -("'4-<t-(.;. - .. -::':::'-TlJ... 0:........0 Cl::li':':::'::: 0'='" .:=-W ("'4 ("'4-' 0-. '- 0:..;. !.0 r-- 0-........ . ...0.......2: O~ O~ >-t '-ll-I:::> .i;-=:. lJ~' Ci" .=.UJ 1=' C:I >- ("'4" UJ 0:::>- :z: (.;. " l..L. UJ <I: (.;1 0:: :::c 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.