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HomeMy WebLinkAboutReso 2006-891 RESOLUTION NO. 2006- ~CJ I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA; ACCEPTANCE OF THE APPRAISED LAND VALUE OF FIFTEEN MILLION DOLLARS ($15,000,000) FOR THE PROPERTY GENERALLY LOCATED AT 19505 COLLINS AVENUE COMMONLY KNOWN AS THE REGALIA CONDOMINIUM PROJECT; PROVIDING FOR PAYMENT IN THE AMOUNT OF FOUR MILLION FIVE HUNDRED THOUSAND TWO HUNDRED SIX DOLLARS AND EIGHTY SIX CENTS ($4,500,206.86) BY THE APPLICANT FOR THE TRANSFER OF DEVELOPMENT RIGHTS ("TDRS") IN THE AMOUNT OF 54,385 SQUARE FEET OF FLOOR AREA; PROVIDING FOR TEN PERCENT (10%) DEPOSIT FOR TDRS; PROVIDING FOR THE TRANSFER OF CERTAIN NUMBER OF TDRS TO THE APPLICANT UPON RECEIPT OF CERTAIN PAYMENTS; PROVIDING FOR AN ADJUSTMENT OF THE BALANCE OF TDRS FROM THE CITY'S BANK TO REFLECT THE SALE OF TDRS TO LA MANSION, LLC.; A FLORIDA LIMITED LIABILITY COMPANY; 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. 03-Z-75 adopted July 17, 2003, the City Commission approved the zoning application submitted by La Mansion, LLC., a Florida Limited Liability Company ("Applicant") for the transfer of TDRs in the amount of 54,385 square feet of floor area; and WHEREAS, the Applicant agrees to purchase TDRs in the amount of 54,385 square feet of floor area from the City's Transfer Development Rights Bank as established pursuant to Ordinance No. 2004-218 for a development project commonly known as Regalia; and WHEREAS, pursuant to Section 265-23.4 (b) of the City Code, the City Commission shall consider the acceptance of the appraised land value in the amount of fifteen million dollars ($15,000,000) for the receiving site, for the purpose of calculating the square foot value of the approved TDRs; and WHEREAS, the City Commission shall consider the acceptance of four million five hundred thousand, two hundred six dollars and eighty six cents ($4,500,206.86) by the Applicant for the transfer of 54,385 square feet of floor area; and . R2006-891 La Mansion-Regalia Appraisal Acceptance Page 1 of 3 WHEREAS, the City's TDR Bank balance will be adjusted to reflect the sale of TDRs to the Applicant to reflect the reduction of 54,385 square feet of floor area and 3 I dwelling units; and WHEREAS, the property receiving the TDRs is located at Lot s 1, 2 and 3, REPLAT OF BLOCK 1 OF VENICETT A BEACH, according to the plat thereof, as recorded in Plat Book 44, Page 4, of the Public Records of Miami-Dade County, Florida. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Incorporation of Recitals. The foregoing recitals are true and correct are incorporated herein by reference as if they fully set forth herein. Section 2. Approval of Appraised Land Value. The City Commission hereby approves the appraised land value fifteen million dollars ($15,000,000) ("Appraised Value"), for the Receiving Site as set forth in the attached appraisal summary. Section 3. Total Payment for TDRs. Based on the Appraised Value set forth in Section 2 hereinabove, the City Commission hereby approves the payment of four million five hundred thousand two hundred six dollars and eighty six cents ($4,500,206.86) by the Applicant for the transfer of 54,385 square feet of floor area from the City's TDR Bank to the Receiving Site generally located at 19505 Collins Avenue pursuant to Zoning Resolution No. 03-Z-75. If the Applicant fails to pay the total amount for the TDRs, the City shall retain the development rights for which payment has not been received. Section 4. Deposit. Within three (3) working days of the approval of the Applicant's TDR application and site plan application, the Applicant shall provide the City with a non-refundable deposit in the amount often percent (10%) of the approved purchase price of$4,500,206.86. The total amount of deposit is $ 450,020.86. Failure to pay the required deposit within the three (3) working days of approval of TDR application and site plan application shall result in an automatic voiding of the City Commission approval of the Receiving Site, transfer of TDRs, site plan approval. Section 5. Adiustment to TDR Bank. The Zoning Administrator is hereby instructed to make necessary adjustments to the City's TDR Bank Account to reflect the sale of TDRs to the Applicant, and to make an adjustment to the City's TDR Bank to reflect a decrease of 54,385 square feet and 31 units. Section 7. Authority of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 8. Effective Date. This Resolution shall become effective upon adoption. R2006-891 La Mansion-Regalia Appraisal Acceptance Page 2 of3 PASSED AND ADOPTED this 161h day of February 2006. c?) / j /Jh h YJI/1J~Ll4 / it~" ~ orman S. Edelcup, Mayor / ATTEST: "~.A'~ Jane A. Hines, CMC, City Clerk ED AS TO FORM AL SUFFICIENCY: Moved by: Co~ ~t\mA1\J Seconded by: {(;)~ IGL't..~I'I'1S' Vote: 5-() Mayor Edelcup Vice Mayor Brezin Commissioner Goodman Commissioner Iglesias Commissioner Thaler 1,../ (Yes) _ l.-o-""(Yes) I./'(Y es) ~(Yes) V""'(y es ) (No) (No) _(No) (No) (No) La Mansion TDR/edc Page 3 of 3 APPRAISAL REPORT .)..' .. ~ ~,.,. .', ,-. . \ .' '. , Land Parcel Containing 49,830 Square Feet _I LOCATED AT: 19505 COLLINS A VIENUIE SUNNY ISLES BlEACH, IFLoamA PREPARED FOR: CITY OF SUNNY ISLES BlEACH 18070 COLLINS A VENUE SUNNY ISLES BEACH, FLORIDA As OF: OCTOBER 18,2005 PREPARJED By: QUINLIVAN APlPlRA.n:SAJL, IP.A. 5730 S.W. 74TH STREET - SIUHE 300 SOUTH MIAMU, FlLoamA 33143 Agenda Item _\ C) 1- Date 7.- \ L,-Olo QUINLJrV A.i..~ APPP,.A[SAL ., PROFESSIONAL .:..sSOCrA TIOi\' REAL ESTATE APPRAISERS 8.: CON"SULTA...'I"TS 5730 S.'''. 74TH STREET, SCTTE 300 SOUTH i>lLu.n. FLORIDA 8314.3 J. .t-'fARK QTJINLIVA..",. lVI.Al STATE-CERTlrIED GI!NERAL l\..PPR.USI:H'S RZ 0000112 TELEPHONE (.305) fl60-fiGll FAX (:30;:;) 665-4821 THo;VL~s F. J'o-L~GEYHEL"rER. [viAl ST.\TE~CER"frI"IEn GESERA.L ~\.PPRAJscn~ HZ 00005.;:) October 21, 2005 Jorge Vera, Zoning Administrator City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Dear Mr. Vera: In accordance with your request and authorization, I have prepared this Appraisal Report covering the following described property: Multi-family zoned land parcel containing 49,830 square feet located at 19505 Collins Avenue, Sunny Isles Beach, Florida The purpose of this Appraisal is to estimate the Market Value of the described property as of October 18,2005, being one of the dates of personal inspection. The narrative Appraisal Report that follows sets forth the identification of the property, the assumptions and limiting conditions, pertinent facts about the area and the subject property, comparable data, the results of the investigations and analyses, and the reasoning leading to the conclusions set forth. Mr. Jorge Vera City of Sunny Isles Beach October 21, 2005 Page 2 Based on the inspection of the property and the investigation and analyses undertaken, I have formed the opinion that, as of October 18,2005, the subject property, based on its highest and best use, has a Market Value of: FIFTEEN MILLION DOLLARS ($15,000,000) Re~'pectfully submitted, ..' ~ . \-') /' " , t '/',; f. / , : ,. i" J" ", 1 /--'/;' v > 1/ ,/J_.\.../~__./ __,..., -____<'..-.....--t\-:.."..~ ! /. , , ..' Y Jf, ~ark Quinlivan, MAl State Certified General Appraiser Certification Number: RZOOOO 112 lMQ/pq (05-221 ) TABLE OF CONTENTS PAGE TRANSMITT AL LETTER CERTIFICATION OF VALUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . I SUMMARY OF SALIENT FACTS AND CONCLUSIONS................. 3 INTRODUCTION Identification of the Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . 4 Location ........................................................... 4 Purpose and Date of Appraisal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . 4 Intended Use and User of Appraisal ...................................... 4 Legal Description .................................................... 4 Property Rights Appraised ....."............................."......... 4 Definition of Market Value ............................................. 5 Assessment and Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . 6 Owner of Record and Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 History of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Estimated Exposure Time ........................................ _ . . . . . 7 Estimated Marketing Period ............................................ 7 LOCATION ANALYSIS COW1ty Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Neighborhood Data .................................................. 18 SITE DATA Dimensions and Shape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Area ............"........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Topography and Drainage ........................".........".......... 20 Flood Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Soil and Subsoil . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Utilities. . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . .20 Street Improvements ................................................. 21 ZONING ................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 HIGHEST AND BEST USE. .. . .. . . . ... . . . . . .. . ... .. .. . .. . .. .. . . . . .. .24 SCOPE OF THE APPRAISAL .......................................27 LAND VALUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 QUINLIVAN APPRAISAL TABLE OF CONTENTS PAGE ADDENDA Assumptions and Limiting Conditions .................................. 39 Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . 41 Client List. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 QUINLIVAN APPRAISAL CERTIFICATION OF VALUE The undersigners hereby certify that, to the best of our knowledge and belief: (A) The statements of fact contained in the report are true and COlTect. (8) The reported analyses, opinions and conclusions are limited only by the assumptions and limiting conditions set forth, and are my personal, unbiased professional analyses, opinions and conclusions. (c) I have no present or prospective interest in the property that is the subject of this report, and we have no personal interest or bias with respect to the parties involved. (D) I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. (E) My engagement in this assignment was not contingent upon developing or reporting predetermined results. eF) The appraiser's compensation for completing this assignment is not contingent upon the reporting ofa predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. Furthermore, the appraisal assignment was not based on a requested minimum valuation, a specific valuation or the approval of a loan. (G) The appraiser's analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice, and the requirements ofthe State of Florida for state-certified appraisers. (H) Use of this report is subject to the requirements of the State of Florida relating to review by the Real Estate Appraisal Subcommittee of the Florida Real Estate Commission. (I) J. Mark Quinlivan has made a personal inspection of the property that is the subject of this report. (1) Patrick Quinlivan provided professional assistance to the person signing this report. QUINLIVAN APPRAISAL 1 ,~ ),,;, _______--~-~, ..-II ///' (K) Th~()FteQ-a{~IYSes, opinions, and conclusions were developed, and this --------- report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. .~' / '--------_.---/' (L) The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. As of the date of this report, J. Mark Quinlivan has completed the requirements under the continuing education program for The Appraisal Institute. Based on the inspection of the property and the investigation and analyses undertaken, subject to the assumptions and limiting conditions set forth in the Addendum of this report, I have formed the opinion, as of October 18,2005, the subject property, based on its highest and best use, has a Market Value of: FIFTEEN MILLION DOLLARS ($15,000,000) 1 ,"'~'1 )/1 '" I /' I J ,I. / //'1 ,,/ _~;c L 'C:,' 1,__ ," t ~/~' /'V{... (....l\..:-J~ J. ~Ju( QUINLlV AN, MAl STriTE CERTIFIED GENERAL ApPRAISER CERTIFICATION NUMBER: RZOOOOl12 QUINLIVAN APPRAISAL 2 :/~~~:.~ ~t=: r...J~Js"",. '~l .......... . ,- '.. ~ ../, . iii'" ~,..1J b'J: .r-' h.b:c:.f LOOKING SOUfHEASTERL Y ACROSS COLLINS A VENUE AT SUBJECT ..-~~ ..".,,' .# ~- ~~ --'-~--: LOOKING NORTHEASTERL Y ACROSS COLLINS AVENUE AT SUBJECT QUINLIVAN APPRAISAL j \~:-.-.. 'i:.~Ul 1:"4~1 r: ...!LilojI Ih'~ li:'~ ti:~~ ::>:I(!';;; " -<'!":,:~-.-:'-:::''::::o,~'0~ '~ I LOOKING SOUTHERL Y ALONG COLLINS A VENUE, SUBJECT TO LEFT LOOKING NORTHERL Y ALONG COLLINS A VENUE, SUBJECT TO RlGHT QUINLIVAN APPRAISAL LOOKING SOUTHEASTERL Y ACROSS SUBJECT PROPERTY //'/jN'V I' \} ,'l7T' ',.L ,; /;.<'i~ /~ , jP I. '1 LOOKING NORTHEASTERL Y ACROSS SUBJECT PROPERTY QUINLIVAN APPRAISAL SUMMARY OF SALIENT FACTS AND CONCLUSIONS Type Report Complete Report Format Self-Contained Purpose of Appraisal Market Val ue Property Rights Appraised Fee Simple Location 19505 Collins Avenue Sunny Isles Beach, Florida Legal Description Lots 1,2 and 3, REPLAT OF BLOCK 1 OF VENICETTA BEACH, according to the plat thereof, as recorded in Plat Book 44, Page 4, of the Public Records of Miami-Dade County, Florida. Land Size 49,830 Square Feetll.14 Acres Zoning MU-R, Mixed Use Resort by the City of Sunny Isles Beach Highest and Best Use Multi-family residential usage Estimated Land Value $15,000,000 Final Estimate of Value $15,000,000 Date of Value Estimate October 18, 2005 Dates of Inspection October 18, 2005 Date of Report October 21, 2005 Remarks The site is currently vacant. The owner intends to construct a 42-story condominium building to contain 40 units. QUINLIVAN APPRAISAL 3 - INTRODUCTION .; :'.,......: \ , , QUINLIVAN APPRAISAL INTRODUCTION IDENTIFICATION OF THE PROPERTY Multi-family zoned land parcel containing 49,830 square feet/1 .14 acres. ADDRESS 19505 Collins Avenue Sunny Isles Beach, Florida LOCA TION Southeast comer of Terracini A venue and Collins A venue, Sunny Isles Beach, Florida. PURPOSE AND DATE OF APPRAISAL The purpose of this Appraisal is to estimate the Market Value as of October 18, 2005, being one of the dates of personal inspection. INTENDED USE AND USER OF APPRAISAL The intended use of this appraisal is to assist the client in determining a market value of Transfer Development Rights (TOR). The intended user is the City of Sunny Isles Beach. LEGAL DESCRIPTION Lots I, 2 and 3, REPLAT OF BLOCK 1 OF VENICETTA BEACH, according to the plat thereof, as recorded in Plat Book 44, Page 4, of the Public Records of Miami-Dade County, Florida PROPERTY RIGHTS APPRAISED The property is appraised in fee simple: a fee without limitations to any particular class of heirs or restrictions, but subject to the limitations of eminent domain, escheat, police power and taxation, as well as utility easements of record. QUINLIVAN APPRAISAL 4 DEFINITION OF MARKET VALUE Market Value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (I) buyer and seller are typically motivated; (2) both parties are well informed or well advised and acting in what they consider their own best interest; (3) a reasonable time is allowed for exposure to the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents a normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. QUINLIVAN APPRAISAL 5 ASSESSMENT AND TAXES - 200412005 The subject property is assessed under the jurisdiction of the city of Sunny Isles Beach. The assessment for the property is established each year as of January I st by the Miami-Dade County Property Appraiser's Office at 100% of "Just Value." Just Value has been equated to Market Value less closing costs. While the State of Florida requires real estate to be assessed at I 00% of Just V alue, in reality the ratio of the assessed value to sales price is generally below 100%. Folio Number: 31-2202-005-0010 Assessed Value (2005): $12,457,500 Tax Amount (2004): $230,695.88 Millage Rate (2004): $22.5837 per $1,000 OWNER OF RECORD AND ADDRESS Regalia LLC. 20 I Alhambra Circle, 12th Floor Coral Gables, Florida 33134-5107 FIVE- YEAR HISTORY OF TITLE The subject property sold in April of2004 for $8,000,000. The seller was LA Mansion, LLC, and the buyer was Regalia, LLC. This sale transaction is recorded in Official Records Book 22218, Page 3113, in the Public Records of Miami-Dade County, Florida. The subject property sold in July of 200 I for $9,000,000. The seller was Ocean Roc Motel, Inc., and the buyer was LA Mansion, LLC. This sale transaction is recorded in Official Records Book 19790, Page 2480, in the Public Records of Miami-Dade County, Florida. An investigation of the Public Records of Miami-Dade County, Florida indicates no other sale transfers of title to the subject property during the past five years. QUINLIVAN APPRAISAL 6 ESTKMA TED EXPOSURE TIME Exposure time is defined as the estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a salc at market value on the effective date of the appraisal; a retrospective estimate based upon an analysis of past events assuming a competitive and open market. The overall concept of reasonable exposure encompasses not only adequate, sufficient and reasonable time but also adequate, sufficient and reasonable effort. In estimating a reasonable exposure time for the subject property, the appraisers have taken the following steps: Discussion with buyers, sellers, brokers and/or a rcview of multiple listings of vacant sites in the area related to historic marketing periods. Based on the above sources, exposure time is estimated to have been six months for the subject property. ESTIMATED MARKETING PERIOD The estimated value of the subject is predicated upon a normal marketing period. A normal marketing period is generally defined as the most probable amount of time necessary to expose and actively market a property on the open market to achieve a sale. Implicit in this definition are the following assumptions: (A) The property will be actively exposed and aggressively marketed to potential purchasers through marketing channels commonly used by sellers and buyers of similar type properties. (B) The property will be offered at a price reflecting the most probable markup over market value used by sellers of similar type properties. (C) A sale will be consununated under the terms and conditions of the definition of Market Value required by the regulation. [n order to estimate the marketability of this property, the sales activity in this market area was reviewed over the past three years, multiple listings were reviewed and real estate brokers who operate in this area were interviewed. Based on the above sources, the subject property could be sold within a six month time period. QUINLIVAN APPRAISAL 7 '~:::: :;;'-;::~~I(.;.,.tH=....-;'r:-... ~ :'~ ___~'J~~!"o"""'~""""~- .....".............~..~';'" - ~~,IIO"U--.. _""",,1U07 ~~~""'If"'" ..........,.,...- -..-..... _:;.p 8ROWARD OSCeOlaPk,O P!R~ r,~t"~ LEGEND @ Sto'e Copilal .0. County Sects i=RANKLIN_County Names POPULATION KEY ~ O.er 100.000 ~'1 50,000 '0 100,000 @ 25.000'0 50,000 @ 20.000'0 25.000 <II 10.000'0 20,000 o 5.000'0 10,000 o 1.000 to 5,000 o Under ',000 r.~- . " Cenlury SANTA ROSA ,CA:\o18IA ." ALA. --- OKALOOSA WALTON HOLMES .0. Crestview 6. De Funiak Sprs Beach . " CLEARTYPE fQAOE ....ARK ql::G us PAT OFF. COUNTY. TOWN FLORIDA <l r Scale of Miles 20 40 MAP 60 ~LE",[!1!J...~APS . OLORe!!!!T /lAPS NE YORK /::~t~~~f~~~;';' .r~ SOlE ;lUBlJSH(FlS Co.ot"410HT A..c\"fERlCAN , :JR le,,,,,,, roil'S ':.::-._'.;:~ LOCATION ANALYSIS QUINLIVAN APPRAISAL COUNTY DATA Miami-Dade County - Location and Size Miami-Dade County, which comprises the metropolitan area of Miami, is situated on the southeast tip of the state of Florida. It is bordered on the east by the Atlantic Ocean, on the west by Monroe and Collier Counties, on the north by Broward County, and on the south by Monroe County (the Florida Keys). Miami-Dade County, the largest county in area and population in the state of Florida, covers an area of2,054 square miles with an altitude ranging from sea level to 25 feet. Water covers 354 square miles of the County. Although the County is relatively large, approximately half of the total area is comprised of the Everglades, which is a natural area that will not be developed. Therefore, only the eastern section of Miami-Dade County encompasses the area which is currently developed or available for future development. Miami-Dade County's location, its southern latitude and proximity to the Gulf Stream provide for mild winters and pleasant summers. Population The state of Florida has increased rapidly in population from 9,740,000 in 1980 to 12,937,926 in 1990 and 15,982,378 in 2000. The July 1,2002 population of Florida was estimated at 16,713, I 49. The population of Florida is expected to grow to 17,577,100 by 2005, a 1.8% average annual Increase. Miami-Dade County's population increased from 1,626,000 in 1980 to 1,937,094 in 1990, reflecting an average annual compounded growth rate of 1.77%, compared with 2.88% for the state of Florida. By 2000, Miami-Dade County's population increased to approximately 2,253,362 and in 2003 it is estimated at 2,342,739. The population is estimated to grow to 2,430,000 by the Year 2005. Miami-Dade County's population growth during the last four decades has been dramatic especially in relation to national trends. From 1950 to 1990 the United States population increased by 60% while the population of Miami-Dade County has almost quadrupled from 495,084 to 1,937,000. During this period, the state of Florida was elevated from the 20th most populous state to the 4th in 1990 and continues to be the fourth most populous state. The population growth rate in Miami-Dade County has shown greater fluctuations than the national rates. The Miami-Dade County rate of population change was 84.9% during the period 1940 to 1950; 88.9% from 1950 to 1960; 35.6% from 1960 to 1970 and 28.2% from 1970 to 1980. In the period from 1980 to 1990, the rate of population change was 16%. The average annual change from 1990 to 2000 was approximately 1.6%. QUINLIVAN APPRAISAL 8 PI , IT IILVI. .....~~ Dr'lI _~ m lOt Q.:Uhf~~:/ ..i ~ i_~~~n3 ; ~ . ~ cJ!-/ ~ =.1 ....UIIi1t AO _,.. If :; Maw. .Y ~ ~ ... Prine.tOfl I ...~ SW 2&8 ST .CHlt" _I _ ~ I L AII..,.U'" I'W '10 II ~ .'$CAVNE DR /SW 281 5T1f, ~ ~"/-~"!M v =/ ,Q't: ~ - ,,~o:( HOMrsTEAD I,. .4 NW II ST ~ CAM'BEt OR AIR f'ORCS BASE _ ~I ,1f!:.KO....T AD '--- . ~ "~:AL::: tA SOT 128 rr: CANA, OA E P lM OR -. '0 "'_lES ~ swtaST > ~" .. > . . ij ..- - 1= rTUD ~ jl CaI. lAbo.YACMo _ AVlA ONAlIlrO'T~ " : j:: ~ c....... i~ !i > ~ !! ~ ro t;.'ri'~g~ ~'SST c;r LOCATION MAP ! I :: ~ DnUITAnU "U." -A.. IllL... "OW". ""n ; /' _ @ 1 ,<DOl:=:: ...~ DADE COUNTY - ~, . ~ 1119 rr HoN~ HILL DR IVES~,'RD LE __ ,~+.~ NW 1M ST ~ ~ ~ ~ m j \.:'fl HO 5T".c.. MIAM,t'1,CARO 'DR 15 ~ - ". ~ C!jJ ~; a ""'I !." 14 IIUCtl ~/I! ~:: ,. EX '" . -1i'-" llLln la ~ ~ i (53 ,wn L !Il~" or.i'~ OP" UM:KA./ ~ ~'''J . ~ 25 ! .~ ~ .. AI ~ D~ - If' n A>ri~1 , "-1 ~ 1M"," wsw ~ ~ 131/1 1~1I 8'Q .::.. 1.~ $1'~ ~ 1, g I ~ MIAUAIO g ~ "', (il) ~ 1l4U~ y ~ ~ ~~caa.aD:aJQ U lIT lfil;....rJ::':\GA T10NYORI-ri a. C\ ~ ~ i 'o,J" HY<119STP::'11 I. AlUCf _ ii .. '1~ ,LJ ,~ a: '" n I ;;U ,.J.! .. ~ ~~ l4; 5 ~'!'~- ~ ICIJ_ a ~ ,g...J ~ [J.~" "0 ~ n ! ~ ; I ~ ~ j ~ AL 'Sn c.\~ an ~ i'l'A EAH;; 71$1 r.:l\ Z 71 ~fi- I III ~~ L..!!.1nI f '-'~ 1(7 ~~ S' ~~~ ;j, 1)0 . " , n pT \l NW 58 lZ: -iJ BUa,1U ST > NW 54 ." II """ 'IX> ~ I=:t." ~ ~\"pDR J: X ( I P ~L~L' _ IT " : '--' \ 11 ~ j IN~,L"'~~NAL _ ~ . '"'"" AIRf9aT ...... , a. "1'-10' -'" "''''N I ~ ;/t iJ Q E:: ~ 'It: I-.'l ~ ~ OlD f.IW~ST ~ MLUfJI UAClO in fNETIAI/.~_ ~~~ ~~~ ~_IAIII ~ &I_U", ~~ ~'l.v... ." ~ DOLPHIN sw . 5T r:- rn:~~ER ~ TRA'L .Jjj11.tlQ\. E ~~; t ~ TAMIAMI SWJT CORA WAY > > . "'''D .. aD i SW4 ST ....... I ! I:eiwfalo La'(tIJ N IC.ENDALL 0 ~Q~ .,- ~ / Z .., ~ -,..,. ~ OA SW~ST SW 1.1 ST ~ ~ ~ . ~ > . ~ ~ :I~~;~ ~ ~ ........" + SW 152 Sf Biscayne Bay General Highway Map of DADE COUNTY FLORIDA ~ ~ ~ {.) C ...... , ...... , t:l '990 DOlPtl MAP CO_. INC. "11IO#"" --r.;:o d ~ i;.) ... ~, ~ ~ ;; ~ ,. I~ ~;\ ! ~~y" \rro=..., ~f. 0 YlJ/Hl., PT H.utOROV' PT ~L __w ......;).."" ~"~ ...- .~ ~ 'b; - /J ..~~~lb-o 7 CO<H1 " -" During the 1960s, the major increase in Miami-Dade County's population was due to the large immigration of Cubans. Today, Cuban and other Spanish speaking people comprise approximately 57% of Miami-Dade County's population. The increase in Hispanic population has had favorable effects on the local economy and has helped to create a multi-national cultural environment in the area. The recent influx of political and economic refugees from Cuba, Haiti and Nicaragua has put an abnormal strain on public services and has affected the population data in a dramatic manner. However, a recent increase in population growth of people from Latin American, as well as from Europe and Canada, coupled with the increases in population from those people leaving the northern sections of the United States, indicate a positive prospect for the Miami-Dade County area in the future. The overall population of Miami-Dade County is well dispersed throughout the entire area, yet has several key areas of concentration. During the 1960s, several sub-areas accounted for approximately 70% ofthe gro'Wih. These areas include Hialeah, northern Miami-Dade County, the Beach area, the Miami River area, the area southwest of Miami International Airport, as well as the Kendall and Cutler Ridge areas. In the first half of the 1970s, population growth continued in an uneven fashion especially in the urban fringes. Since 1970, approximately three-fourths of the total population gro\\rth for the County has occurred in the unincorporated areas. The older centrally located cities such as Miami, Miami Beach and Coral Gables have grown at modest rates from 1970 to 1990. Unincorporated Miami-Dade County has evidenced the most rapid growth which continues to occur in areas in northeast Miami-Dade County (A ventura), as well as the currently expanding southwest area, especially in sections of Flagler Street, S.W. 8th Street and North Kendall Drive. Population trends indicate that most of the population growth in Miami-Dade County during the first half of the 2000s will occur in outlying areas such as North Miami Beach, the Golden Glades area, the Kendall area west of the Florida Turnpike, the S.W. 8th Street and Palmetto Expressway areas, the Hialeah-Miami Lakes area, as well as those areas both east and west of US. Highway I between Sunset and Coral Reef Drives, and Cutler Ridge and the Goulds area. Employment Trends The dominant characteristic of Miami-Dade County is that it is primarily trade and service based. Personal, business and repair services have had a substantial increase in importance in the economic base over the last decade. The major sectors of the economy include services, wholesale and retail trade, transportation, communications, public utilities, government and manufacturing. The most dominant industries which form the County's economic base are construction and tourism. QUINLIVAN APPRAISAL 9 Tourism is Miami-Dade County's biggest industry with an estimated 10.23 million visitors in 2002 contributing to more than 50 percent of the area's economy. Aviation and related industries are responsible for another large segment of the economy. The garment industry ranks third in the nation after New York and Los Angeles. Table I shows the distribution of the non-agricultural work force in Miami-Dade County. TABLE 1 ANNUAL AVERAGE NON-AGRICULTURAL EMPLOYMENT 1998 - 2002 INDUSTRY 1998 1999 2000 2001 2002 TOTAL 975,900 987,000 1,016,100 1,033, I 00 1,017,800 NONAGRICULTuRAL EMPLOYMENT CONSTRUCTION 33,700 34,800 37,500 36,600 40,300 MANUFACTURING 72,900 70,300 68,800 64,000 57,100 TRANSPORTATION AND 86,200 89,400 92,400 95,600 99,000 PUBLIC UTILITIES TRADE 256,200 258,800 261,000 265,800 191,100 FINANCE, INSURANCE 66,900 66,400 66,600 67,300 66,200 AND REAL ESTATE SERVICE AND MINING 322,500 329,300 346,800 354,600 414,300 GOVERNMENT 137,500 138,000 143,000 149,200 149,800 CIVILIAN LABOR FORCE 1,042,647 1,044,261 1,053,924 1,080,432 1,120,950 UNEMPLOYMENT 66,980 60,583 55,6 I 5 74,622 86,527 UNEMPLOYMENT RATE 6.4% 5.8% 5.3% 6.9% 7.7% Source: Florida Department of Labor & Employment Security, Bureau of Labor Market Infonnation QUINLIVAN APPRAISAL 10 The largest employer in Miami-Dade County is the Miami-Dade County School Board, followed by Metro-Dade County, Federal Government, State of Florida, American Airlines, University of Miami, Jackson Memorial Hospital, Baptist Health Systems of South Florida, Bell South, and Florida Power and Light. Assuming additional importance is the growing prominence of Miami-Dade County as a center for intemational trade, finance and tourism. The establishment of Miami as the "Gateway of the Americas" should provide the area with a much needed degree of economic diversification. This should enable Miami-Dade County to weather slowdowns in the national economy by an increase of trade through the Port of Miami, growth of international arrivals at the airport, the Free Trade Zone, and the substantial foreign investment in the local economy, particularly in real estate. Prior to September 11,200 I, Florida's unemployment rate was 4.3 percent, up from 3.6 percent of the previous year, but still below the national average of 4.9 percent. In August of 200 I, the unemployment rate for Miami-Dade County was 6.0 percent. Miami-Dade's jobless rate for November 200 I rose to 7.8 percent while Florida's unemployment rate rose to 5.0 percent. The September I I, 200 I event had a greater impact on tourism in Miami than the rest of the state. Miami-Dade County's jobless rate fell slightly to 7.6 percent in December of 2001 but as of December 2003 was 7.7%. The tourism season, now in full swing, could provide a welcome respite. Income Over the past few years, the average per capita personal income in Miami-Dade County has been slightly lower than the per capita income for Florida, as well as the nation. TABLE 2 PER CAPITA PERSONAL INCOME SELECTED YEARS (CURRENT $) Year 1998 1999 2000 2001 UNITED STATES 27,321 28,546 29,338 30,413 FLORIDA 26,931 27,781 28,913 29,048 MIAMI MSA 23,972 24,733 25,652 26,594 Source: U.S. Dcp!. of Commerce, Bureau of Economic Analysis and Miami-Dade County Planning Department Tourism Table 3 reveals a steady increase in the number of tourists visiting Miami-Dade County since 1990. The number ofintemational visitors increased approximately 100% from 1985 to 1995. Due to the soft domestic economy, the number of domestic visitors had declined from 1989 to 1993; however, from 1995 to 2000 there has been a 1.5% average annual increase. QUINLIVAN APPRAISAL 11 TABLE3 ESTIMATES OF MIAMI-DADE COUNTY TOURIST TRENDS INTERNATIONAL DOMESTIC TOTAL 1996 5,113,200 4,462,000 9,575,200 1997 5,278,700 4,564,600 9,843,300 1998 5,268,100 4,468,700 9,736,900 1999 5,399,800 4,385,800 9,785,600 2000 5,639,400 4,461,600 10,101,000 2001 5,245,700 5,263,600 10,509,300 2002 4,915,200 5,316,200 10,231,400 Source: Greater Miami Convention and Visitors Bureau, Tourism Facts and Figures Figures for 2002 indicate 10,231,400 overnight visitors came to Miami-Dade County, a 2.6% decrease from 200 I. The events of September 11,200 I have had a negative effect on tourism which is expected to continue through 2003. Table 4 shows that the bulk of international visitors to Miami-Dade County originate from Central and South American Countries (50.1 %), followed by European Countries (23.04%) and Caribbean Countries (13.2%). England and Germany accounted for the largest proportion of European visitors. In 2002 there were a total of 3,642,990 passengers passing through the Port of Miami and approximately 30,060,241 through Miami International Airport. During 2002, the number of Port of Miami passengers increased 7.4% from 200 I, and Miami International Airport decreased 5.1 % from 2001. QUINLIVAN APPRAISAL 12 TABLE4 ESTIMATES OF INTERNATIONAL VISITORS BY REGION REGION 1998 1999 2000 2002 EUROPEAN COUNTRIES 25.8% 25.6% 25.1% 23.0% CARIBBEAN COUNTRIES 13.9% 13.6% 12.9% 13.2% CENTRAL AMERICAN COUNTRIES 7.5% 7.4% 7.4% 8.0% SOUTH AMERICAN COUNTRIES 38.7% 39.4% 40.5% 42.1% CANADA 11.0% 11.1% 11.2% 10.9% OTHER COUNTRIES 3.1% 2.9% 2.9% 2.8% TOTAL 100% 100% 100% 100% Source: Greater Miami Convention and Visitors Bureau, Tourism Facts and Figures There are approximately 60,000 motel and hotel rooms in Greater Miami and the Beaches. The hotel-motel occupancy rate for 2002 of 62.2% was below the rate for 200 I of 64.4% and significantly below the 1998 to 2000 rates of 70 to 71 %. The occupancy rate for the first three quarters of2003 was up 5.3% over the previous period in 2002. The average room rate in 2002 was $122.00. The first in a series of new luxury properties opened in September 2000 when the 21-story, 300-room 1. W. Marriott debuted on Brickell A venue. In November of 2000, a 330-room Mandarin Oriental opened on Brickell Key. A Four Seasons hotel and tower opened in November of2003 on Brickell Avenue at South 14th Terrace. The 66-story tower features 220 guest rooms plus 56 extended-stay units. The property also includes 200,000 square feet of office space. In addition to the new properties mentioned above, a 350-room Ritz Carlton beachfront hotel opened in Key Biscayne during 200 I and a I SO-room Ritz Carlton opened in September of 2002 in Coconut Grove. Miami-Dade Financial Resources Over the course of the last decade, Greater Miami has evolved into a major international financial center. Domestic and international businesses find convenient access to a full array of services provided by locally-based state and national commercial banks, savings and loan associations, foreign banks, non-depository credit institutions, securities and commodities brokers and insurance companies. QUINLIVAN APPRAISAL 13 Greater Miami has the largest concentration of domestic and international banks south of New York City. With more than 90 percent of the state's foreign banks operating offices in Miami, this market dominates international banking in Florida. There are 43 international banking agencies, 13 Edge Act corporations and 4 Edge Act corporation branches operating in Greater Miami. Many of their banking customers are located in Latin America. Overall, about ISO domestic banks, savings and loans, foreign banks and Edge Act banks operate in Greater Miami. The greatest concentration is located along Brickell Avenue in downtown Miami. Transportation Miami-Dade County has an extensive expressway system with access to all points in the County. However, due to the rapidly increasing population, some of the expressways, especially 1-95, are becoming overburdened. In 1985 Miami-Dade County completed a 20.5 mile elevated rapid transit system. This system originally extended southward from downtown Miami to Dadeland, paralleling U.S. Highway I and northwesterly from downtown Miami to Hialeah. Recently, the system was extended about a mile from Hialeah to the Palmetto Expressway at NW 74th Street. In conjunction with this system, there is a Downtown People Mover Automated Transit system which encircles the central business district of Miami and extends south to the Brickell area and north to the Omni area. Miami-Dade County is served by the CSX and Florida East Coast Railroads for freight and Amtrak Rail, Greyhound and Trailways Interstate bus lines for passenger service. Miami International Airport, one of the nation's largest and busiest, had approximately 32.5 million arrivals and departures in 2002. Moody's Investor Service, a major bond-rating company, recently ranked the airport Aa (the second highest rating an airport can enjoy). Only Los Angeles International Airport shares this ranking; no U.S. airport has ever attained the highest ranking of Aal. According to Moody's, a key factor in the ranking is the airport's "market value as an international gateway with its own strong organization-and-destination base". The airport is currently undergoing a $5.4 billion expansion. New South and North terminals and a fourth runway are planned. Miami has become a port of embarkation for airlines and ships bound for Central and South American Countries. The Port of Miami, besides being the largest passenger port in the nation, is also important as a cargo center with a 2002 annual tonnage of approximately 9.0 million up from 8.8 million in 2001 and 7,800,000 in 2000. The port's traditional customer base has been Latin America and the Caribbean, accounting for 64% of the port's total volume. Miami's comprehensive transportation system and its strategic location have enabled it to become an important international transportation center, providing commercial access to Latin America and the Caribbean. QUINLIVAN APPRAISAL 14 Government Miami-Dade County is comprised of unincorporated areas, as well as thirty-one municipalities, the largest of which is the city of Miami. Miami-Dade County is governed under a modified two-tier metropolitan government. The purpose of this type government was to establish one governing body for the county, and to establish one supply of services such as fire, police, etc. for the county. The upper tier is the County, which provides broad "regional" or county functions, such as metropolitan planning, welfare, health and transit services. The thirty-one municipalities represent the lower tier of government, providing a varying array of services within their jurisdictional boundaries. The County also maintains lower tier functions, such as the provision of municipal-type services, including police and fire, to the unincorporated areas and certain municipalities on a negotiated basis. The County operates under the Commission-Manager form of government. Legislative and policy- making authority is vested in the elected thirteen-member Board of County Commissioners; the Commission appointed County Manager is the chief administrator. Miami - Dade County has operated under the metropolitan form of government since 1957, when the Home Rule Charter was passed by the local electorate. Prior to Home Rule, the County had to rely on the State Legislature for the enactment of its laws. County government had not been able to respond to the tremendous demand for municipal services in this rapidly urbanizing area, which is larger than the State of Rhode Island or Delaware. The need to combine services duplicated by the County and numerous cities was also clearly evident. The Charter permitted the limited County government to reorganize into a general purpose "municipal- type" government capable of performing the full range of public functions into an area wide operation. Real Estate As of the second quarter of2003, the Miami-Dade County Office Market contained approximately 34.55 million square feet of office space. Approximately 34.3% of this space is located in the Miami central business district and adjacent Brickell A venue and 21.5% in the rapidly growing Airport West area. There was a decrease in the occupancy rate of office buildings in Miami-Dade County from 92% in 1981 to 77.6% in 1991. Since 1992, there was an increase in occupancy from 81.4% to 88.9% in the fourth quarter of 1999. From the fourth quarter of 1999 to the fourth quarter of 200 I, the occupancy rate remained relatively stable at around 88%. The overall County wide occupancy rate as of the second quarter of 2003 has declined to 83.52%. Many new Class A buildings were completed on Brickell A venue, in Coral Gables and on Miami Beach which caused an increase in vacancy rates for 2003. QUINLIVAN APPRAISAL 15 Office rental rates in new buildings typically range from $20.00 to $35.00 per square foot. The low end of the range is for office space in the suburban markets. The upper end of the range is for first class office space in Downtown Miami, Brickell Avenue, Coconut Grove and Coral Gables. The Greater Miami Industrial Market, as of the Third Quarter of2003, consisted of approximately 189 million square feet of industrial space. The approximate percentage location of this space is as follows: % OF TOTAL MARKET AREA MARKET SPACE AIRPORT WEST 32% HIALEAH 18% CENTRAL DADE 12% NORTHWESTfMEDLEY 16% NORTH DADE 13% SOUTH DADE 5% BIRD/T AMIAMI 4% TOTAL 100% The major use of industrial space is warehousing/distribution which accounts for approximately 65% of the occupied space. Manufacturing and technology occupy the remainder of the space accounting for approximately 20% and 15% of the industrial space, respectively. The county's vacancy rate for the overall Miami-Dade County industrial market for the third quarter of 2003 was 9.3%, Medley and Airport West had the highest vacancy rates, 10.2% and 12.7%, respectively. Industrial rental rates generally range from $4.00 to $8.00 per square foot. The median sale price per square foot in 2001 for industrial space in Miami-Dade County was $47.19, by the first quarter of 2003 it had increased to $53.61 per square foot. The continued slowness of the national economy, now beginning to climb out of a recession, has contributed to the weakness in the Miami-Dade County industrial market. Overall vacancy rates have increased and the general level of demand has decreased. The majority of the developers have placed all plans for speculative development on hold. It is projected that by the fourth quarter of 2003 and into 2004, the overall economy will begin its recovery and that demand levels for industrial space will again increase. The number of single family residential permits decreased 6.8% from 6,166 in 1999 to 5,771 in 2000. Since 2000, the number of permits has increased to 6,600 in 2002. The average sale price of a new residence in Miami-Dade County in 2003 was $302,158 up 10.3% from $273,918 in 2002. QUINLIVAN APPRAISAL 16 According to data from the Department of Business and Professional Regulation, Miami-Dade County has over 290,000 licensed rental apmiment units. Reinhold P. Wolff Quarterly Housing Report shows a vacancy rate of 4.3% in August of2002, slightly higher than the 4.0% rate of August of2002. The vacancy rate has been declining steadily since 1991, but the decline accelerated after August 1992; this is attributable to Hurricane Andrew. Rental apartments have average rental rates of$865 per month for a one bedroom apartment and $ I ,077 per month for a two bedroom apartment, as of August 2002. The condominiwn apartment market experienced an all-time high inventory of 15,722 units in October of 1986. The inventory has decreased to 7,552 units as of March of 2003. The high inventory caused the average sale price of a new condominium unit to decline from $112,604 in 1982 to $87,990 in 1987. However, the average sale price increased dramatically to $162,752 in 1991, declining to $130,545 in 1994 but again dramatically increasing to $291,911 in 2003. The Miami-Dade County retail market contains approximately 52.5 million square feet in buildings over 20,000 square feet. The major retail markets in Miami-Dade County include Hialeah, Coral Gables/South Miami-Dade, A ventura and Kendall. Rental rates typically range from $15.00 to $40.00 per square foot with an average rate of $18.90 per square foot. The overall Miami-Dade County vacancy rate for 2003 was approximately 5.3%, a 13.6% decrease from the previous year. The vacancy level is lowest in super regional malls and highest in unanchored strip centers. Conclusions In the future, one of the principal growth areas for Miami-Dade County is expected to be the international sector. Miami-Dade County, because of its geographic location and excellent transportation facilities, is well-suited to attract both business individuals and tourists from Latin America. It is already one of the principal shopping markets for Central and South Americans visiting the United States and one of the principal export points for goods and services destined for Latin America. A major consideration to future real estate development in Florida will be compliance with the State's concurrency law mandated by the Growth Management Act. This law requires developers to build sufficient infrastructure. Concurrency requires that basic facilities and services be in place or the money to build the same be available before the construction of new development is granted approval. The existence of major financial institutions, retail outlets, corporations and other business entities, coupled with its geographic location, transportation systems and planned international trade centers give Miami-Dade County an excellent opportunity for continued growth as an international center. QUINLIVAN APPRAISAL 17 NEIGHBORHOOD DATA The subject property is located in the city of Sunny Isles Beach, approximately thirteen miles northeast of the central business district of Miami. The subject may further be described as being located on the southeast comer of Collins A venue (State Road A I A) and Terracini A venue. Sunny Isles Beach is located on a barrier island in the northeast comer of Miami-Dade County. The borders of the city of Sunny Isles Beach are Haulover Beach Park to the south, the Town of Golden Beach to the north, the Atlantic Ocean on the east, and the Intracoastal Waterway to the west. The borders of the subject neighborhood are the borders of the city of Sunny Isles Beach. Collins A venue is the primary north/south traffic artery on banier islands running north from Miami Beach to Golden Beach. The majority of the commercial properties located in Sunny Isles Beach front on the west side of Collins Avenue. Collins Avenue is connected to the mainland from Sunny Isles Beach by the Sunny Isles Causeway at N.E. 163rd Street and the William Lehman Causeway at N.E. 192nd Street. The east side of Collins A venue is primarily improved with older motel buildings constructed in the 1950s and new high-rise condominium apartment buildings. In recent years some of these motels have been converted to condominiums and time-share resorts or the sites redeveloped with high-rise condominium apartments. Sunny Isles Beach has historically been a tourist destination due to the beach environment. The area is now becoming more ora residential community with permanent and seasonal owners. The west side of Collins Avenue is improved with retail stores, restaurants, rental car agencies, boat rentals, service stations, and convenience stores. During the I 960s and 1970s, several rental and condominium apartment buildings were constructed in Sunny Isles Beach. The majority of the these buildings were developed on sites fronting on the Intracoastal Waterway. The Arlen House East and West, located on the west side of Collins Avenue at approximately N.E. 158th Street, were constructed in 1966 and 1969. These rental apartments were converted in the 1970s to condominiums. Kings Point, another project constructed in the 1960s containing both rental and condominium apartment buildings, is located just north of the Arlen House. Poinciana Island, located on the west side of Collins A venue at N.E. 160th Street,just north of Kings Point, contains one hundred townhouse units and ninety condominium apartment units. This development, which was constructed in the later 1970s, has sale prices ranging from $475,000 to $725,000. All of the townhouses have waterway frontage. QUINLIVAN APPRAISAL 18 Atlantic Island, located on the west side of Collins Avenue, at N. E. 163rd Street just north of Poinciana Island, contains single-family residences. These residences range in age from new to fifty years old, with a median age of thirty years. Sale prices of these residences range from $500,000 to over $1,000,000. The area north of Sunny Isles Ocean Beach Boulevard, west of Collins A venue, was developed in the I 970s with a large number of condominium apartment buildings. The two largest developments are Winston Towers (seven buildings) and Plaza of the Americas (four buildings). Recent sale prices for units in these buildings generally range from $200,000 to $500,000. Several high-rise condominium apartment buildings were recently constructed on ocean front sites in Sunny Isles Beach. The recently completed projects include Millennium (118 units), Ocean One (346 units), Sands Pointe (2 12 units), Oceania Island (306 units) and Ocean Point (166 units). The sale prices for condominium units generally range from $500,000 to over $2,000,000. Single family neighborhoods are located in the northwest portion of Sunny Isles Beach. Golden Shores Ocean Boulevard Estates is located west of Collins A venue between N.E. I 92nd Street and N.E. I 85th Street. Golden Shore Ocean Boulevard Estates is comprised of detached single family houses on 7,500 square foot lots. The houses generally range in size from 1,200 to 2,000 square feet and were constructed primarily in the 1950s. The sale prices for the houses in Golden Shores Ocean Boulevard Estates range from $200,000 to $495,000. Golden Gate Estates is a luxury zero-lot-line project recently constructed in 1999 and 2000 located on the west side of Collins A venue at the border of Golden Beach. The sale prices for the houses in Golden Gate Estates range from $450,000 to over $1,000,000. Golden Beach, a single-family residential community, is located just north of Sunny Isles Beach. Many of the residences in Golden Beach front on either waterways or directly on the Atlantic Ocean. Haulover Beach Park, a Miami-Dade County Park, encompassing approximately a mile of beach front along the Atlantic Ocean, is located just south of the Sunny Isles Beach. Haulover Park contains facilities for boating, picnicing, swimming and fishing. The neighborhood has undergone a transition from a purely tourist oriented community to a combination multifamily and tourist destination. The retail stores in the area seem to have a normal vacancy rate. The commercial development has been oriented toward the permanent residents as well as the tourists. QUINLIVAN APPRAISAL 19 r---.--- I l ~ I/) ;;; ---' w o I'" 207TH ' , . I I LUB ~ '?-.>- -> lliD=- =-- r m g] :<> ;U o .-----.- ----.--.--1 NEIGHBORHOOD MAP i I ---.------ ----_--.J 0> "< ~- I (,II SUBJECT PROPERTY I 119505 Collins Avenue I ----7/ .A1A / '~Jfl / 194TH LN I ==':c-~ _" CJQ. >. - ~ll!!.0-1 ~ J . .2 .l..V:J n :. ." I- ~ ~ 5 .191ST ~ ,'. Z m '" ~ :x: DlIrI!folll1d/ing Bay 1999 Delorme. Street Atlas USA . NE 2087H Nt 37TH . NE 20TTH --0- ~~ 1- ^' PALER Ttry. <<' Cb c. ~ "& Q- ~ " vceOI"""/ d ,- GO'de]rCh '1~ A1AD ~. ~EVEN !a ~ South Isla ':J \l . o I/) z' ' m '-" ~ ~ 1\--<> ';>;>r-s- ro ':J ---' U >- n: f--. 2: ':J o o w 'r o q; w '" 2: w o ---' o tJ TERRACINA 19STH w <0 .... I 190TH ,,189TH '188TH. 187TH 186TH . q9 '" ~ o ;:: 2: :5 f--. <t: f--. UJ . a;) . 182ND_ sunnJ sles o I {" 0-:5- ~ '\ \1~~'{\ ff >. ~ <: \1~0 C4l 17srH. ]1' "_~_~_ _~_LL ------_..~ ------~--~-~--~--_._~--_.... - SITE DATA QUINLIVA N APPRAISAL - . SITE DATA Dimensions and Shape: The subject property is primarily rectangular in shape. The subject property fronts for 148.66 feet, more or less, along the east side of Collins A venue (State Road A I A) with an average easterly depth of 355 feet, more or less, to the Atlantic Ocean. Area: 49,830 Square Feet or I. 14 Acres Source: Hopkins Plat and Miami-Dade County Property Appraiser's Office Topography and Drainage: The site is level and approximately at street grade. Flood Zone: Map NQ 12025C0082 J "AE" Special Flood Hazard Areas Inundated by 100- Year Flood. Base f100d elevation determined at eight feet. "VE" Special Flood Hazard Areas Inundated by I 00- Year Flood. Coastal f100d with velocity hazard (wave action); base f100d elevation determined at ten feet. Soil and Subsoil: The immediate area of the subject site appears to have no unusual soil or subsoil conditions. Unusual conditions would be brought out by test borings. Utilities: Water: Sewer: Electricity: Telephone: Miami-Dade Water and Sewer Authority Miami-Dade Water and Sewer Authority Florida Power & Light Company BellSouth Telephone Company QUINLIVAN APPRAISAL 20 Street Improvements: Collins A venue is asphalt paved with a dedicated width of 100 feet. Collins Boulevard contains three northbound lanes and three southbound lanes. Collins Boulevard is improved with concrete sidewalks, curbs, gutters, storm sewers, street lights and a center median. QUINLIVAN APPRAISAL 21 II? '8- .,... C-:;P 2;56) .. ... "- . In TR" .' .C (povt. Lot 5 RMF-2 -'.S5.07 .D ~ I SHO ~.SI '<31St. Terr J EI N 61sL D. ES,~ E'Sj;' ,,;,;:,1 S.E ,.G (15.1 ~.3 i.. 1,\ ~ 30 1 /.. II 7 r 1 I ..I.D 1!; "''''.. o , II '''''9~ I ~ 11f'.1'~ _c ~ ' ~ SITE MAP j 1/'. ~.r' ~nn ( 128 - 73) <1/8' - <?) .. " .. <> .. .., ! :l. 400 MUR ,J /irRACT D .:;; , I ; 4/'l ! I ~ ; T R AC T E QUINLIVAN APPRAISAL ~ r\ .,:. .. .,. 4 HI ~ p~ ~ rr- ~!O ,1"'\ 7 10 ;/ .y I (J ~, lI) .c: l.J J ., ! ~ 't) o <.!> rrt C \I ;> I ....... n.I 'q" I V V "--/ l:' u -t'/ ~I wO ~. >:<:1 - ZONING QUINLIVAN APPRAISAL ZO NIN G Under Ordinance of the City of Sunny Isles Beach. Classification: MU-R, Mixed Use - Resort District Permitted Uses include multifamily apartments, hotels, motels, apartments-hotels, commercial services and retail goods (including spas and health clubs, beauty salons, clothing, florists, gift shops, banking services, pharmacy, newsstands and restaurants), conferencing facilities and meeting rooms, parking lots and garages, public parks and recreations facilities and all uses permitted in RMF-2 districts. Conditional Uses include time-share apartments, eleemosynary, charitable, religious and philanthropic institutions, nightclubs, private clubs, lodges, fraternities and sororities.. Building Regulations: Minimum Lot Width: Minimum Lot Area: Maximum Height Single Family Duplex All other structures Maximum Lot Coverage: All principal and accessory buildings Structures whose rooftop level is connected by walkways directly at the rooftop level to a multifamily structure, and that have a flat roof structure that is fully improved with landscaping, usable plazas, terraces, active unenclosed recreation facilities Maximum Floor Area Ratio (without Bonuses): Maximum Floor Area Ratio (with Bonuses): 200 feet 20,000 square feet 35 feet 45 feet Not specified; controlled by minimum setbacks 60% 80% Shall not exceed 2.5 times the total parcel area Shall not exceed 4.0 times the total parcel area. Bonuses of varying amounts may be allowed for Beach access, Public beach recreational enhancement, Collins A venue public street scape enhancements, Sunny Isles public parking, Public oceanfront park and open space enhancements QUINLIVAN APPRAISAL 22 Minimum Required Setbacks: Front Rear 75 feet 50 feet, for porte-cochere and/or guardhouse 20 feet or bulkhead line, whichever is closer to Collins Avenue Side (Interior) Parcels 200 feet or more in width Primary structures Pedestal structures Parcels adjacent to public parks Parcels under 200 feet Primary structures Pedestal structures Parcels adjacent to public parks 50 feet 3 feet for each two feet of height up to 50 feet 5 feet 20 feet 3 feet for each two feet of height up to 20 feet 5 feet Maximum Dwelling Unit Density: Apartment Apartment-hotels 50 units per acre (no bonuses) 80 units per acre; for each FAR increase 0.02 achieved through bonus provisions, the maximum density increases by I unit per acre 100 units per acre (no bonuses) 125 units per acre; for each FAR increase 0.03 achieved through bonus provisions, the maximum density increases by I unit per acre Not considered residential, therefore, not limited Proportion of proposed units to maximum allowed for each use. Sum of acreage needed for each use shall equal the total acreage. Hotels Mixed uses Minimum Apartment Floor Areas: Residential unit: Apartment-hotel unit Apartment-hotel unit w/lockout room Lockout unit: Hotel unit: 550 square feet 550 square feet 750 square feet 350 square feet 250 square feet Offstreet Parking: Single-family detached Townhouse Multi-family dwelling Apartment 2 spaces per uni t 2 spaces per unit 1.5 spaces per unit I space for each efficiency or I-bedroom unit 1.5 spaces for each two bedroom unit 2.0 spaces for three or more bedroom units QUINLIVAN APPRAISAL 23 HIGHEST AND BEST USE ..-.- QUINLIVA N APPRAISAL _..-... --ill - HIGHEST AND BEST USE Fundamental to the concept of value is the theory of highest and best use. Land is valued as ifvacant and available for its highest and best use. The Appraisal Institute in The Appraisal of Real Estate, Eleventh Edition, defines highest and best use as follows: The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and results in the highest value. Land has limited value unless there is a present or anticipated use for it; the amount of value depends on the nature of the land's anticipated use, according to the concept of surplus productivity. Among all reasonable, alternative uses, the use that yields the highest present land value, after payments are made for labor, capital, and coordination, is generally regarded as the highest and best use of the land as though vacant. The highest and best use of a property as improved refers to the optimal use that could be made of the property including all existing structures. The implication is that the existing improvement should be renovated or retained as so long as it continues to contribute to the total market value of the property, or until the return from a new improvement would more than offset the cost of demolishing the existing building and constructing a new one. In estimating the highest and best use there are essentially four stages of analysis: I. Possible Use. What uses of the site being appraised are physically possible? 2. Permissible Use (Legal) What uses are permitted by Zoning and Deed Restriction, if any? 3. Feasible Use. Which possible and permissible uses will produce a net return to the owner of the site? 4. Maximally Productive. Among feasible uses, which use will produce the highest net return to the owner of the site? The highest and best use of the land (or site), ifvacant and available for use, may be different from the highest and best use of the improved property. This is true when the improvements are not an appropriate use, but make a contribution to the total property value in excess of the value of the site. The following four point test must be met in estimating the Highest and Best Use. The use must be legal. The use must be probable, not speculative or conjectural. There must be a profitable demand for such use and it must return to the land the highest net return for the longest period of time. QUINLIVAN APPRAISAL 24 These tests have been applied to the subject property. In arriving at the estimate of Highest and Best Use, the subject site was analyzed as vacant and available for development. Possible Use The subject site has 148.66 feet, more or less, offrontage on Collins A venue and 150 feet, more or less, of frontage along the Atlantic Ocean. Therefore, the subject property has good access and exposure on one primary street. The subject site is primarily rectangular in shape, having adequate functional utility. All necessary utility services are available along existing street right-of-ways. The site is filled to street grade and does not appear to have any drainage or subsoil deficiencies. The subject site is 49,830 square feet in size which equates to 1.14 acres. The size of the subject site would not limit its use. The physical characteristics of the subject site would not restrict any residential use of the site. Permissible Use Permissible or legal uses are those uses which are permitted by zoning or deed restrictions. There are presently no known private deed restrictions of record. The site is zoned for mixed use. The zoning of the site permits multifamily apartments, hotels, motels, apartments-hotels, commercial services and retail goods (including spas and health clubs, beauty salons, clothing, florists, gift shops, banking services, pharmacy, newsstands and restaurants), conferencing facilities and meeting rooms, parking lots and garages, public parks and recreations facilities and all uses permitted in RMF-2 districts. Without bonuses the zoning allows a maximum floor area ratio of 2.5 times the land size. The maximum number of apartment units without bonuses is 50 units per acre. The maximum height of the subject site is not explicitly stated, but would be limited by setbacks and FAR requirements. Approximately 57 residential units could be constructed on the subject site without bonuses. The number of hotel units is not limited by this zoning classification because they are not considered residential units. As proposed, the future development of this site would be eligible for FAR bonuses under the zoning provisions for the Beach Access Bonus, Public Beach Recreational Enhancement Bonus, Collins Avenue Public Streetscape Bonus, and Sunny Isles Public Parking Bonus. These bonuses would allow the site to attain a maximum floor area ratio of 3.8 times the land size or 189,354 square feet of building area. Additionally, as proposed, the condominium apartment building would contain 40 units which is under the maximum density for this site. QUINLIVAN APPRAISAL 25 Feasible UselMaximallv Productive Use The physical characteristics and zoning of the subject property permit a wide range of potential uses. The possible and permissible uses include multi-family residential buildings, hotels, and various commercial/retails uses. Surrounding sites are improved with rental and condominium apartment buildings. A building on the subject site would have views across the Atlantic Ocean to the east. Conclusion (As Vacant) Based on the above factors, it is the appraiser's opinion that the Highest and Best Use of the site, as if vacant, is for multi-family residential usage. QUINLIVAN APPRAISAL 26 - SCOPE OF THE APPRAISAL QUINLIVA N APPRAISAL SCOPE OF THE APPRAISAL The value of a site can be estimated by various methods which include Direct Sales Comparison, Allocation, Extraction, Development Approach, Land Residual or Ground Rent Capitalization. However, the Direct Sales Comparison Approach is the most preferred and utilized technique when sales of comparable sites are available. The other methodologies are indirect techniques which are generally used when an area is primarily built-up and sales of comparable sites are scarce. The Direct Sales Comparison Method of valuing the subject site was relied on due to the availability of recent land sales. In the Direct Sales Comparison Method, sales of similar recently sold sites with a similar highest and best use as the subject site are analyzed, compared and adjusted by time, property characteristics and location to indicate the Market Value of the subject site as though unimproved. The reliability of this approach is dependent upon the availability of comparable sales data, the verification of the sales data, the degree of comparability and the absence of non-typical conditions affecting the sale. A search for sales of vacant sites in the general location of the subject site was conducted. Sales of sites with similar highest and best uses as the subject site are utilized in this analysis. Data related to the subject property was derived from various sources including but not limited to the Miami-Dade County Property Appraiser's Office, Miami-Dade County plats as complied by First American Real Estate Solutions, Inc., FEMA flood zone maps, Land Development Regulations of the City of Sunny Isles Beach, and tax roll information by ISCNET. Comparable sales sources include First American Real Estate Solutions, Inc., on-line computer service provided by ISCNET, Board of Realtors' Multiple Listing Service, Tri-County Clipping Service and CoStar. Sales prices are typically confirmed with a party to the transaction, i.e. buyer, seller, real estate agent or attorney to the transaction. QUINLIVAN APPRAISAL 27 - LAND VAL DE ANALYSIS -.-. QUINLIVAN APPRAISAL - LAND VALUE A land value estimate is concluded by comparing the subject site to comparable land sales. Generally, the comparable land sales are adjusted by time, property, and location to indicate the Market Value of the subject site as though unimproved. This process is known as the Direct Sales Comparison Method. The Direct Sales Comparison Method is a process of analyzing sales of similar recently sold land parcels in order to derive an indication of the most probable sales price of the site being appraised. The reliability of this approach is dependent upon the availability of comparable sales data, the verification of the sales data, the degree of comparability and the absence of non-typical conditions affecting the sale. The following page contains sales of similar land sites which have recently sold. Several other sales were considered, but were not included because there was too wide a difference in physical factors, location and time. In comparing the sales to the subject, consideration is given to factors of time, location, property characteristics, and terms and conditions of the sale. The sales are analyzed on a price paid per square foot of land area. The appraiser considered other units of comparison to include price paid per front foot, price per dwelling unit and price paid per buildable area. Since the number of units per acre and the buildable areas vary, these units of comparison do not form a consistent pattern. Since most of the sales are located in Sunny Isles Beach or Bal Harbour with ocean frontage and have the same or similar zoning classifications, the price per square foot should be a relatively consistent unit of comparison. The land sales are located within a three mile distance from the subject property and similarly have ocean frontage. Four of the six sales are located within a mile distance of the subject site. The subject site and five of the six sale properties are zoned MU-R, Mixed-Use Resort District Sale 1 is located on the southeast comer of Collins A venue and 170lh Street, approximately two miles south of the subject property. This 104,544 square foot site sold in June of 2003 for $25,000,000 or $239.13 per square foot. This site is zoned MU-R, Mixed Use Resort District. This site is currently vacant. A 284-unit condominium apartment building is planned for this site. Sale 2 is located on the east side of Collins A venue between lnnd Street and 174th Street, approximately one and one-half miles south of the subject property. This 39,099 square foot site sold in September of 2003 for $8,500,000 or $217.40 per square foot. This site is zoned MU-R, Mixed Use Resort District. A high-rise condominium apartment building is planned on the site. The sale price included building plans and approvals. Sale 3 is located on the northeast comer of Collins Avenue and I OOth Street, approximately four and one-half miles south of the subject property. This 223,118 square foot site sold in January of2004 for $50,400,000 or $225.89 per square foot. This site is zoned OF, Ocean Front. The Regent, a luxury condominium apartment building, is under construction on this site QUINLIVAN APPRAISAL 28 Sale 4 is located on the northeast comer of Collins A venue and Sunny Isles Boulevard, approximately two miles south of the subject property. This 57,834 square foot site sold in May of 2004 for $20,000,000 or $345.82 per square foot. This site is zoned MU-R, Mixed Use Resort District. A luxury condominium apartment building is under construction on this site. Sale 5 is located on the east side of Collins A venue between 170lh Street and Innd Street, approximately one and two-thirds miles south of the subject property. This 97,300 square foot site sold in October of 2004 for $32, I 00,000 or $329.91 per square foot. This site is zoned MU-R, Mixed Use Resort District. A luxury condominium apartment building is under construction on this site. Sale 6 is located on the east side of Collins Avenue between 170lh Street and Innd Street, approximately one and two-thirds miles south of the subject property. This 37,165 square foot site sold in nine transactions between January and April of2005 for a total of$13,783,200 or $370.86 per square foot. This site is zoned MU-R, Mixed Use Resort District. This site is currently improved with two-story, 55-unit condominium apartment building. A luxury condominium apartment building is planned for this site. Sale 7 is located on the east side of CoIl ins A venue, just south ofBayview Drive, approximately two and one-half miles south of the subject property. This 57,064 square foot site sold in June of2005 for a total of $26,000,000 or $455.63 per square foot. This site is zoned MU-R, Mixed Use Resort District. This site is currently vacant. A luxury hotel/condominium apartment building is planned for this site. A detailed profile of each sale, a photograph of the sales, a sales map, a summary of the sales and a value conclusion follows herein. QUINLIVAN APPRAISAL 29 DATE OF SALE: SALE PRICE: TYPE INSTRUMENT: RECORDA TION: FOLIO NUMBER: GRANTOR: GRANTEE: LEGAL: LOCA TION: SITE DESCRIPTION: Dimensions: Size: Zoning: Current Use: UNIT PRlCE: FINANCING: REMARKS: LAND SALE 1 June 19, 2003 $25,000,000 W arran ty Deed O. R. Book 21415, Page 4566 31-22 I 1-004-0060 Beverly Towers, Inc. Fortune Beach, LLC The South 300 feet of the North 400 feet of Lot I, lying East of Collins Avenue, TATUM'S OCEAN PARK SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, Page 64 of Miami-Dade County, Florida. 17001 Collins Avenue Sunny Isles Beach, Florida Irregular 104,544 Square Feet 2.40 Acres MU-R, Mixed Use Resort District Vacant $239.13 per square foot First Mortgage of $17,450,000 with Colonial Bank. A 284-unit condominium apartment building is planned for this site. QUINLIVAN APPRAISAL 30 SALE 1 QUINLIVAN APPRAISAL DATE OF SALE: SALE PRICE: TYPE INSTRUMENT: RECORDA TION: FOLIO NUMBER: GRANTOR: GRANTEE: LEGAL: LOCA TION: SITE DESCRIPTION: Dimensions: Size: Zoning: Current Use: UNIT PRICE: FINANCING: REMARKS: LAND SALE 2 September 10, 2003 $8,500,000 Warranty Deed O. R. Book 21649, Page 2944 31-2211-004-0180 Blue Seas Associates 17315 Collins Avenue, LLC Portion of the North 100 feet of the South 200 feet of Lot 3 lying East of Collins A venue, TATUM'S OCEAN PARK SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, Page 64 of Miami-Dade County, Florida. 17315 Collins Avenue Sunny Isles Beach, Florida 100' x 391' 39,099 Square Feet 0.898 Acres MU-R, Mixed Use Resort District Vacant $217.40 per square foot First Mortgage of $7,200,000 with Hillcrest Bank. A high-rise condominium apartment building is planned on the site. The sale price included building plans and approvals. QUINLIVAN APPRAISAL 31 SALE 2 QUINLIVAN APPRAISAL DATE OF SALE: SALE PRICE: TYPE INSTRUMENT: RECORDA TrON: FOLIO NUMBER: GRANTOR: GRANTEE: LEGAL: LOCATION: SITE DESCRIPTION: Dimensions: Size: Zoning: Current Use: UNIT PRICE: FINANCING: REMARKS: LAND SALE 3 January 15, 2004 $50,400,000 Warranty Deed O.R.Book2l982, Page4l21 12-2226-005-0030 Smith Property Holdings wcr Communities, Inc. Tract E & Including Abutting Land to Erosion Control Line, BAL HARBOUR OCEAN FRONT ADDITION, according to the Plat thereof, Plat Book 57, Page 68 of Miami-Dade County, Florida. 10295 Collins A venue Bal Harbour, Florida Irregular 223, I 18 Square Feet 5.12 Acres OF, Ocean Front Condominium apartment building under construction $225.89 per square foot Cash to seller The Regent, a luxury condominium apartment building, is under construction on this site. QUINLIVAN APPRAISAL 32 .~ Itli !.-. ..~~~;,;~~ \\ I, I \ \ \ \ " \\ . ,~ ., ". SALE 3 QUINLIVAN APPRAISAL DATE OF SALE: SALE PRICE: TYPE INSTRUMENT: RECORDA TION: FOLIO NUMBERS: GRANTOR: GRANTEE: LEGAL: LOCA TION: SITE DESCRIPTION: Dimensions: Size: Zoning: Current Use: UNIT PRICE: FINANCING: REMARKS: LAND SALE 4 May 5,2004 $20,000,000 Warranty Deed O. R. Book 22317, Page 3049 31-2214-000-0040 Five Seas Investors, Inc. La Peria Sunny Isles, LLC Lengthy legal, BELLA VrSTA, according to the Plat thereofrecorded in Plat Book 53, Page 48 of the Public Records of Miami-Dade County, Florida. 16699 Collins Avenue Sunny Isles Beach, Florida Irregular 57,834 Square Feet 1.33 Acres MU-R, Mixed-Use - Resort District Condominium apartment building under construction. $345.82 per square foot Conventional Mortgage of $96,000,000 with Bank of America A luxury condominium apartment building is under construction on this site. QUINLIVAN APPRAISAL 33 SALE 4 QU INLIV AN APPRAISAL DA TE OF SALE: SALE PRICE: TYPE INSTRUMENT: RECORDA TION: FOLIO NUMBERS: GRANTOR: GRANTEE: LEGAL: LOCA TION: SITE DESCRIPTION: Dimensions: Size: Zoning: Current Use: UNIT PRICE: FINANCING: REMARKS: LAND SALE 5 October 4, 2004 $32, I 00,000 Warranty Deed O. R. Book 22707, Page 1216 31-2211-004-0150 Orot City, LLC Fortune Ocean, LLP Lengthy legal, T A TUMS SUBDIVISION, according to the Plat thereof recorded in Plat Book 53, Page 48 of the Puhlic Records of Miami-Dade County, Florida. 1710 1-17121 Collins Avenue Sunny Isles Beach, Florida Irregular 97,300 Square Feet 2.23 Acres MU-R, Mixed-Use - Resort District Apartment building under construction $329.91 per square foot Mortgage of $21,200,000 with HSBC Realty Credit Corporation. A luxury condominium apartment building is under construction on this site. QUINLIVAN APPRAISAL 34 SALE 5 QUINLIVAN APPRAISAL DATES OF SALE: SALE PRlCE: TYPE INSTRUMENT: RECORDA TION: FOLIO NUMBERS: GRANTORS: GRANTEE: LEG AL: LOCA TION: SITE DESCRiPTION: Dimensions: Size: Zoning: Current Use: UNIT PRiCE: FINANCING: REMARKS: LAND SALE 6 January 7, 2005 January 10, 2005 January 31, 2005 March 22, 2005 April 19,2005 $13,783,200 ($9,317,400 + $980,800 + $245,200 + $245,200 + $245,200 + $1,716,400 + $410,000 + $380,000 + $243,000) Special Warranty Deeds O. R. Book 22998, Pages 3237, 3244, 3245, 3247,3249,3251 O. R. Book 23095, Page 1792 O. R. Book 23237, Page 4320 O. R. Book 23306, Page 893 31-2211-049-00 I 0 thru -0550 La Martha, Inc., eta!. Mully SB, LLC All of DESERT INN CLUB I, according to the Declaration of Condominium thereof, recorded in Official Records Book 12 I 95, Page 357, of the Public Records of Miami-Dade County, Florida. 17141 Collins Avenue Sunny Isles Beach, Florida Irregular 37,165 Square Feet 0.853 Acres MU-R, Mixed-Use - Resort District Condominium apartment building $370.86 per square foot First mortgage of $11,650,000 with LaSalle Bank National Association for 2 years The sale consisted of nine transactions. A luxury condominium apartment building is planned for this site. QUINLIVAN APPRAISAL 35 SALE 6 QUINLIVAN APPRAISAL DATE OF SALE: SALE PRICE: TYPE INSTRUMENT: RECORDA TION: FOLIO NUMBERS: GRANTOR: GRANTEE: LEGAL: LOCATION: SITE DESCRIPTION: Dimensions: Size: Zoning: Current Use: UNIT PRICE: FINANCING: REMARKS: LAND SALE 7 June 20, 2005 $26,000,000 Warranty Deed O. R. Book 23542, Page 1904 31-2214-008-0030 Fantasy of the Ocean, LLC. Mansiana Ocean Residences, LLC. NY2 of Lot 77 and all of Lot 78, TATUMS OCEAN BEACH PARK, according to the Plat thereof recorded in Plat Book 5, Page 35 of the Public Records of Miami-Dade County, Florida. 15701 Collins Avenue Sunny Isles Beach, Florida 150 feet x 390 feet 57,064 Square Feet 1.31 Acres MU-R, Mixed-Use - Resort District V acan t $455.63 per square foot Cash to seller. A luxury hotel/condominium apartment building is planned for this site. The site extends approximately 95 feet east of the bulkhead. QUINLIVAN APPRAISAL 36 .--;-~~:':'-::.:..: -~.. "........ .<C~l?]i~ ", .. -: SALE 7 QUINLIVAN APPRAISAL -- ---~------~------------ --- ~----~-------~-- ---- ~ -- -.-----. COMPARABLE LAND SALES MAP i I -----------___J --- -- --~------------- -~-------- ---- -- ------- I I I I i f4TH ! 1173R6 1.-.'/ 172ND l'riJr' ~~ f/ I I n96TH i-I' JJentura~i,~ .-----~! I ~-iE.195THlr--'-. r-'-H- NE 1_9.S..T.:H" i I 0 oj I QJ1m! r- ---I I -- _'",!r uJ"I'--' "'i-""194THLN" ~~-,i/)'~~:'('~o ~-~-,-) I~:~r PROPEKI'Y] b'':- NE 1915T - .- Hi6tW" U' iJI' 'N(f9]jl-L: C':':'.~: ----~; 1~9505 ~'ollillS Avenue _ '-'/ ! NE189 1,89TH <<i !' I r--- oehmar'S Fashion Island f88TW-'~,-- i -- ---'I' Q> OJUS.- ,"---------- DIIII!(OIlI/(!/il/g Bay 'l'~7Ti'C:_<i.i A lAJ) I~__} 'Q'lE\~~~T"'::1~6TH ~~ L~.~,1,!l~~':.l__. 1--.' , i'" J:::: > . . U~~~0}~-\g BAR,'.t.0,!HA~[:EYi ~r-~~i'. '~'~:::"'''k:~~,,:,)h) ~~~~ ~o IIll" A V":.,, ~~ oy ','e, __ .. _"_, g~ ynOI~S P~rk Villa9~Shoppe~ ~~i':{ __ _ SALE 6 I i ", M / I ill~ . 11 7141 ell' A / -"!<E?s _ ~S~~ ~ 7 J 21 Collin;. A v:nu~" /001'- venUe ----N-E168TI-i -- - - - I~_~_ 72r-Jf2.._. ^ Mall/e Lak" ' ,,, --. ,f _--~-~ii""'';,''~''i shocei ~ ",ro,". - IS: 4---c~,,-1 . I <) NE 166TH I ( .'_ '-"'" _ ,.-.-.\'c,<:,Yf:,----'-----.----.---' (. 1669y-9Collins A vel_lUe_. IE"l"t Gre,nuld" Pm" \;I,'C.,/ '.:1.."'".--------, __ " il- I . - -' 1<' ". . i;; i i -.. 1, ...~,(<'\U> Bi,~ca 'Ill! Creek './../ /" ~:J I,N~J66r: .. \~-.~~\ SALE 1 ~ f ,,!' j" I-( \ \~ \~ <!'f,W -'~! 'I' II-, ., \<l'~'>:, 17001 Collins Avenue on_ ~ NE 164TH ."./ . '-J ~ r- 8:i i i. ~-:;/ - ~tlanllc Is nd ~: .~~_..-\ ~ \~ /"'-- Z ;l, POinCiarih, ~nsland, ' A lAJ -J ~! ---/y'---.- :JSALE 7 ".--- (J,! ---OINT Royal aim I . ! ;;] KIN~_~______'_"-,--,---.- 15701 Collms Avenue I (// ~~'(Y~~ ~- I I I I IN'VE~~.1:'. I"~ ,:~/,,/\\~o.\eta River\,State Park /~<.". .<'\ \~-::. ( l, '''''''0 AlA I n' j.{ NE.1~!!TH '...... ",::: \iHaulover Beach .... " I ,I i N ~_S,~_~~6-_-__ OJ--. :z: REEK O. ~C\-\ C, - - In:: . - : >- f ! i ~^-G.~<?U'" i~! i ~p..--{/ , ~~.,,- -;"'1 "'0\'="1 -"/ . I . 1/' Keystone Islands 3,A~I!,-,^-,~N 9"1999 DeLonne. Street Atlas USA ~ "'~ B"'", I ,~;~~ ~s~enu:] /-;;"'\"-. .~7 ,'->._;p '1J '/ /~0::'-\~ \~ 1'0/:: .\g .{', '\ en i 'Q~/-'Jr- (<Jl! 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CIJ (j (j 0 0<( .... ..J ..J N ~ c.. c..O c.= ANAL YSIS OF SALES The land sales range in unit price from $217.40 to $455.63 per square foot ofland area. The sales range in time from June of2003 to June of2005. Property Rights The fee simple interest is the property right of the subject property being valued. The comparable sales involved the same type of property rights. Conditions of Sale All of the sales were arm's-length transactions. An arm's-length transaction is defined as a transaction freely arrived at in the open market unaffected by abnormal pressure or by the absence of normal competitive negotiation as might be true in the case of a transaction between related parties. Financing The financing of the sales does not indicate any adjustments of the sale prices for favorable/below market financing. Date of Sale (Market Conditions) The sales range in time from June of2003 to June of2005. There has been an upward trend in prices over this time period. Many of the sales were contracted up to six months prior to the closing date. A comparison of the unit prices of Sales 1 and 2 which sold in mid to late 2003 to the unit prices of Sales 4 and 5 which sold in mid to late 2004 indicates an approximate 50% increase over a year period or approximately 4% per month. While this may seem like a large increase, this increase per month has been typical throughout Miami-Dade County over the past two years. Sale 6 consisted of nine transactions from January of 2005 to April of 2005 with the majority of the transactions occurring in January of2005. Sale 7 sold in June of2005. Location All of the comparable sales are located along the east side of Collins A venue with Atlantic Ocean frontage in Sunny Isles Beach or nearby Bal Harbour. The sales and the subject site are considered similar in location. QUINLIVAN APPRAISAL 37 Site SizelFrontage The sale sites range in size from 37,165 square feet to 223 ,027 square feet. The subject site containing 49,830 square feet is at the low end of the range of the sizes of the sales. Typically, smaller sites sell at higher unit prices because a smaller site requires less absolute dollars to purchase and there are less holding costs and reduced risks to a development on a smaller site. Zoning The subject site and six of the seven sales are zoned MU-R, Mixed-Use - Resort District. Sale 3 located in Bal Harbour has a similar zoning classification and highest and best use. No adjustment for zoning is considered necessary. Conclusion Based on a careful analysis of the land sales, the subject property is estimated to have a value of $300.00 per square foot of land area and $80.00 per square foot of buildable area. Land Area 49,830 Square Feet x $300.00 per Square Feet $14,949,000 Rounded $14,950,000 Buildable Area 189,354 Square Feet x $80.00 per Square Feet $15,148,320 Rounded $15,150,000 Land Value Conclusion $15,000,000 QUINLIVAN APPRAISAL 38 ADDENDUM QUINLIVA N APPRAISAL ASSUMPTIONS AND LIMITING CONDITIONS This Appraisal Report has been made with the following general assumptions: I. No responsibility is assumed for the legal description or for matters including legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 2. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. 3. Responsible ownership and competent property management are assumed. 4. The information furnished by others is believed to be reliable. However, no warranty is given for its accuracy. 5. All engineering is assumed to be correct. The plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. 6. If no survey has been furnished to the appraisers, all measurements have been confirmed either in the field, in the plat book or by other reliable sources and are presumed to be accurate. 7. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. 8. It is assumed that there is full compliance with all applicable federal, state and local environmental regulations and laws unless noncompliance is stated, defined and considered in the Appraisal Report. 9. It is assumed, unless a study has been provided otherwise, that no hazardous material such as asbestos, urea formaldehyde or other toxic waste exists in the property. The existence of a potentially hazardous material could have a significant effect on the value of the property. 10. In reference to proposed construction, the real estate taxes and other expenses are estimated. These amounts are not guaranteed. QUINLIVAN APPRAISAL 39 11. It is assumed in the valuation of the subject land site, unless a compliance letter has been furnished to us, that the State of Florida Gro\vth Management Act does not prevent the issuance of a building permit. 12. It is assumed that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 13. It is assumed that the utilization of the land and improvements is within the boundaries of property lines of the property described and that there is no encroachment or trespass unless noted in the report. This Appraisal Report has been made with the following general limiting conditions: I. The distribution, if any, of the total valuation of this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 2. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraisers, and in any event, only with proper written qualification and only in its entirety. 3. The appraisers herein by reason of this appraisal is not required to give further consultation, testimony, or be in attendance in court with reference to the property in question unless arrangements have been previously made. 4. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraisers, or the firm with which the appraisers are connected) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the appraisers. QUINLIVAN APPRAISAL 40 QUALIFICATIONS OF THE APPRAISER J. MARK QUINLIVAN Experience: Engaged in the field of real estate appraising since 1972. Associated with F. Robert Quinlivan, MAl, from 1972 to 1985. Currently President of Quinlivan Appraisal, P.A., a Real Estate Appraising and Consulting Firm, established in 1964. Graduate: University of Notre Dame BBA - Bachelor of Business Administration (Major in Finance and Business Economics) University of Maryland MBA - Master of Business Administration (Concentration in Finance) University of Miami Law School JD - Juris Doctor (Concentration in Real Estate and Taxation) Florida International University MSM - Master of Science in Management (Major in Real Estate) University of Miami MALS - Master of Arts in Liberal Studies (Humanities) Professional Affiliations: Member of the Appraisal Institute (MAl NQ 5791) Member of the Florida Bar (N2 239992) Real Estate Broker, State of Florida (NQ 0125264) Certified General Appraiser, State of Florida, License NQ RZOOOO 112 QUINLIVAN APPRAISAL 41 Qualified as an Expert Witness in the Following Courts: Miami-Dade, Broward, Palm Beach and Monroe County Circuit Courts United States Bankruptcy Court United States District Court Other Activities: Appraiser Special Master (I 978 - 1980), Miami-Dade County Property Appraisal Adjustment Board Past President - Miami Chapter NQ 71, Society of Real Estate Appraisers (I983 - 1984) Past President - South Florida Chapter NQ 24, Appraisal Institute (1988) Past Governing Councilor of the American Institute of Real Estate Appraisers (1990) Young Advisory Council of Society of Real Estate Appraisers (1979 and 1980) Editorial Review Board (1981 - 1991) THE REAL EST A TE APPRAISER AND ANAL YST published quarterly by the Society of Real Estate Appraisers Recent Publications: "Non-Conforming Use Properties: The Concept of Positive Economic Obsolescence", TIzeAppraisal Journal, January 1981, Pages 45-51. (Arthur A. May Memorial Award 1982). QUINLIVAN APPRAISAL 42 QUALIFICATIONS OF THE APPRAISER PATRICK QUINLIVAN Experience: 7/2004 - Present 8/1997 - 12/1998 5/1996 - 8/1 996 5/1995 - 8/1 995 Quinlivan Appraisal, P A. Associate Real Estate Appraiser 9/2000 - 7/2004 CBS Sportsline.com Senior Software Engineer 1/1999 - 9/2000 Florida Power and Light Computer Programmer Graduate: University of Florida BS - Bachelor of Science in Psychology (8/1997) Florida International University BS - Bachelor of Science in Computer Science (12/1998) University of Florida MBA - Master of Business Administration (Expected completion 5/2006) Professional Affiliations: Registered Trainee Appraiser, State of Florida, License NQ RI 15680 QUINLIVAN APPRAISAL 43 Quinlivan Appraisal has prepared Appraisal Reports for the following: Institutions and Corporations: AT&T Archdiocese of Miami Atlantic Security Bank The Bank of America Bank United Barry University Bessemer Trust Company California Bank and Trust Chevron Oil Company Chase Manhattan Bank Chemical Bank Citibank Citrus Bank City National Bank of Miami Coamerica Bank Coconut Grove Bank Commerce Bank Commercial Bank of Florida Consolidated Bank Colonial Bank County National Bank Eagle National Bank Eastern National Bank Equitable Bank Espirito Santo Bank Farm Credit of South Florida Fidelity Bank First International Bank First National Bank of South Miami Florida International University First Nationwide Bank Florida Memorial College Florida Power and Light Company Florida Rock Industries Great Eastern Bank of Florida Greyhound Lines HSBC Hemisphere National Bank Intercontinental Bank QUINLIVAN APPRAISAL 44 International Bank of Miami, N.A. Jefferson Bank LaSalle National Bank Marine Midland Bank McDonalds Corp. Mellon United National Bank Metro Bank Miami-Dade County Community College Miami-Dade Water and Sewer Authority Northern Trust Bank of Florida Ocean Bank Pacific National Bank Pan American Bank Pointe Bank Shell Oil Company South Trust Bank SunTrust Bank TotalBank Trade National Bank Trust for Public Lands UniBank Union Planters National Bank University of Miami Wachovia Wal-Mart YMCA Governmental Agencies: City of Aventura City of Coral Gables City of Hialeah City of Miami City of Miami Parking Authority City of Miami Beach City of Miramar City of North Bay Village City of North Miami Beach City of South Miami City of Sunny Isles Beach Miami-Dade County Aviation Department Miami-Dade County Department of Development & Facilities Management Miami-Dade County HUD Miami-Dade County Property Appraisal Adjustment Board Miami-Dade County Public Schools QUINLIVAN APPRAISAL 45 Miami-Dade County Public Works Department Miami-Dade County Transportation Administration Miami-Dade Water & Sewer Department South Florida Water Management District State of Florida, Attorney General's Office State of Florida, Department of Community Affairs State of Florida, Department of Corrections State of Florida, Department of Environmental Protection State of Florida, Department of Insurance State of Florida, Department of Rehabilitation and Liquidation State of Florida, Department of Transportation Town of Golden Beach United States Army Corps of Engineers United States Department of Justice United States Department of Commerce United States Department of the Interior United States General Services Administration Village of Islamorada Village of Key Biscayne Village of Pinecrest Law Firms: Akerman Senterfitt Greenberg, Traurig Daniels, Kashton, Downs and Robertson Holland and Knight, LLP Shutts & Bowen Ruden McClosky, LLP Steel, Hector & Davis, LLP Weiss, Serota, Helfman, Pastoriza, Guedes, Cole and Boniske, P.A. Types of Properties Appraised: Single Family Residences Apartment Buildings Office Buildings Retail Stores Shopping Centers Condominium Apartment Buildings Golf Courses Residential Subdivisions Automobile Dealerships Vacant Land Hotel/Motels Warehouses Nursing Homes Mobile Home Parks Schools Service Stations Marinas Wetlands QUINLIVAN APPRAISAL 46 TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner Police Chief Fred Maas, Interim City Manager Hans Ottinot, City Allorney Jane A. Hines, City Clerk MEMORANDUM Jorge L. Vera, Assistant City Manager ~ r?\D Priscilla Walker, Deputy City Clerk February 23,2006 La MansionlRegalia Appraised Land Value Acceptance Resolution At its regular meeting of February 16, 2006, the City Commission adopted Resolution No. 2006-891, which accepted the appraised land value for the property located at 19505 Collins A venue. Attached is a copy of the approving resolution for your files. Thank you. :pw Attachment cc: Police Chief Fred Maas, Interim City Manager (memo only) Hans Ottinot, City Attorney (memo only) Lamansion - Regalia Appraised Value Accept Rew Trans Memo City Use Only / . c; Date Received \ ~ \ & I ';;to 0..::.;1 Date Issues Resolution APPLICATION FORM TRANSFER OF DEVELOPMENT RIGHTS PROGRAM CERTIFICATE I Ii RECEiVED ; ! DEe 1 6 2005 I hD~o s -o'~ I I C!TY CFSUNNY ISLES BEACH I \____~___".__w_.___......_._.._...z Clerk of Court Use Only I. APPLICANT INFORMATION NAME: LA MANSION, L.L.C.. A FLORIDA LIMITED LIABILITY COMPANY FAX: (305) 933-4344 PHONE: (305) 932-4800 E-MAIL: ADDRESS: C/O JERRY KAUFMAN. 18767 BISCAYNE BOULEVARD CITY AND STATE: A VENTURA, FLORIDA ZIP CODE: 33180 ll. RECEIVER SITE INFORMATION, AS APPLICABLE OWNER'S NAME: LA MANSION. L.L.C.. A FLORIDA LIMITED LIABILITY COMPANY PHONE: (305) 932-4800 E-MAIL: FAX: (305) 933-4344 ADDRESS: C/OJERRYKAUFMAN.18767BISCAYNEBoULEVARD CITY AND STATE: A VENTURA. FLORIDA ZIP CODE: 33180 PROPERTY ADDRESS/LOCA nON: 19505 COLLINS AVENUE, CITY OF SUNNY ISLES BEACH LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN. FOLIO NUMBER: 31-2202-005-0010 CURRENT ZONING: MU-R PROPERTY SIZE: 1.189::1:: ACRES PURCHASE DATE: JULY 18, 2001 MIAMI 932610.17442013896 12/14/053:49 PM EXISTING USE OF PROPERTY: None EXISTING STRUCTURE ON PROPERTY: Vacant Land PROPOSED FLOOR AREA RATION: 3.5 DENSITY: 40 dwelling units PERCENTAGE OF RIGHTS TO BE RECEIVED: 10% SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED: 54,385 DWELLING UNITS TO BE RECEIVED: 0 TOTAL FLOOR AREA RATIO INCLUDING TDR: 4.55 TOTAL DWELLING UNITS INCLUDING TDR: 40 III. SENDING SITE INFORMATION, AS APPLICABLE OWNER'S NAME PHONE E-MAIL FAX ADDRESS CITY AND STATE ZIP CODE PROPERTY ADDRESS/LOCATION LEGAL DESCRIPTION FOLIO NUMBER CURRENT ZONING PROPERTY SIZE PURCHASE DATE EXISTING USE OF PROPERTY EXISTING STRUCTURE ON PROPERTY BASE FLOOR AREA RATIO PERMITTED UNITS PERMITTED SQUARE FOOTAGE OF FLOOR AREA TRANSFERRED TO TDR BANK DWELLING UNITS TRANSFERRED TO TDR BANK 2 MIAMI 9326 I 0.1 7442013896 2/1/069:04 AM IV. APPRAISAL INFORMATION - AS APPLICABLE (APPRAISER MUST BE APPROVED BY THE CITY] NAME APPRAISAL FIRST, lNe. PHONE (305) 470-2100 E-MAIL MIAMI COMMERClAL@APPRAISALFIRSTINC.COM FAX (305) 470-2159 ADDRESS 8525 NW 53RD TERRACE, SUITE 110 CITY AND STATE MIAMI, FLORIDA ZIP CODE 33166 DATE OF APPRAISAL JULY 16, 2003 APPRAISAL VALUE OF SITE SIXTEEN MILLION ($16,000,000.00) DOLLARS 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 ADDRESS PHONE E-MAIL FAX VI. SURVEY COMPANY INFORMATION NAME OF SURVEYOR FORTIN, LEAVY, SKILES, INC. ADDRESS 180 NE 168111 STREET, NORTH MIAMI BEACH. FLORIDA 33162 PHONE 305-653-4493 E-MAIL FLS@FLSSURVEY.COM FAX (305) 651-7152 VU. ENVIRONMENTAL AUDIT INFORMATION (COMPANY MUST BE APPROVED BY CITY] NAME OF COMPANY ADDRESS PHONE E-MAIL FAX VIII. OUTDOOR CODE VIOLATIONS, AS APPLICABLE (pROVIDE CERTIFICATE FROM CITY'S CHIEF CODE INSPECTOR) See attached letter from City Senior Code Enforcement Officer Helena Forbes. 3 MIAMI 932610.17442013896 12/14/053:49 PM , BY: r , IX. PROPERTY OWNER CERTIFICATION AND ACKNOWLEDGMENT I HEREBY CERTIFY THAT 1) THE INFORMATION FURNISHED ON TillS APPLICATION AND THE A IT ACHMENTS IS 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 APPROVED 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 THAT, AT THE EXPIRATION OF THE FNE YEAR PERIOD COMMENCING WITH THE DATE OF CITY COMMISSION APPROVAL OF THE PROPERTY AS A SENDER SITE, ANY UNUSED DEVELOPMENT RIGHTS TRANSFERRED FROM THE SENDER SITE SHALL EXPIRE, TERMINATE AND BECOME EXf-INGUlSHED AND UNUSABLE. ') ':::\ MA~~nON, L. '.~ ') BY: FLORIDA LIMITED LIABILITY COMPANY '1-- .- . . Ia- //f O~ Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this .:./ c.f day of December, 2005, by JERRY KAUFMAN on behalf of LA MANSION, L.L.c., a Florida limited liability company. JERRY KAUFMAN j1i~~onally known to me or has produced (type of identification produced) as identification and did)ake an oath. ,./~ , -~--,~,},'",-tzz:c~ (,'/2/. ~~ My Commission Expires: Notary P6 ic, State of FL(:' ",'j LY) \._./ Print Name: .. ~ ,."'f..~II;f.',,"'-'- .-'" '.. ~- w /~?A~'" f.;~,;;,~ ELIZABETH ORTIZ ll~~( . 1 }:f MY COMMISSION # DD 164469 ./ ~~i.~...;~l EXPIRES: December 17 2006 ." I"OJ: f\,O" -. '. I f ,.~_~\. Bonded I hiU PIC!13rd Insurance A encv ''-';.'-''If:'>:GI1~'J:'~.J,,,.~Jn.i....J::?t.1!i 9 ~ MIAMI 932610.1 7442013896 12/14/053:49 PM 4 Exhibit 'A' 19505 Collins Avenue Lots 1,2 and 3, Replat of Block 1 ofVenicetta Beach, according to the plat thereof, as recorded in Plat Book 44, Page 4, of the Public Records of Miami- Dade County, Florida.