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HomeMy WebLinkAboutReso 2006-1005 RESOLUTION NO. 2006- ~()5 A RESOLUTION 0)<' THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA; PROVIDING FOR THE ACCEPTANCE OF THE APPRAISED LAND VALUE OF TWENTY TWO MILLION SEVEN HUNDRED THOUSAND DOLLARS ($22,700,000) FOR THE PROPERTY LOCATED AT 17475 COLLINS AVENUE AfKlA SUNNY ISLES RESORT DEVELOPERS, LLLP.; PROVIDING FOR THE ACCEPTANCE AND PAYMENT BY THE APPLICANT IN THE AMOUNT OF SIX MILLION EIGHT HUNDRED TEN THOUSAND ONE HUNDRED SIXTY EIGHT HUNDRED ($6,810,168) FOR THE TRANSFER OF DEVELOPMENT RIGHTS ("TDRS") IN THE AMOUNT OF FIFTY ONE THOUSAND SEVEN HUNDRED FORTY NINE 51,749 SQUARE FEET OF FLOOR AREA AND TWENTY FIVE (25) DWELLING UNITS; PROVIDING FOR TEN PERCENT (10%) DEPOSIT FOR TDRS; PROVIDING FOR ADJUSTMENT OF THE BALANCE OF TDRS FROM THE CITY'S BANK TO REFLECT A DECREASE OF FIFTY ONE THOUSAND SEVEN HUNDRED FORTY NINE 51,749 SQUARE FEET OF FLOOR AREA AND TWENTY EIGHT (28) DWELLING UNITS; 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. o~-2.. Ul~adopted November 16, 2006, the City Commission approved the zoning application submitted by Sunny Isles ResOlt Developers, LLLP. ("Applicant") for the transfer of TDRs in the amount of fifty one thousand seven hundred forty nine (51,749) square feet of floor area and twenty (25) dwelling units; and WHEREAS, pursuant to Section 265-23 D of the Code of the City of Sunny Isles Beach, the City Commission shall consider the acceptance of the appraised land value in the amount of seventeen million two hundred fifty thousand dollars ($22,700,000) for the receiving site; for the purpose of calculating the square foot value of the approved TORs; and WHEREAS, the City Commission shall consider the acceptance of six million eight hundred ten thousand and one hundred sixty eight dollars ($6,810,168) by the Applicant for the transfer of fifty one thousand seven hundred forty nine (51,749) square feet of floor area and twenty (25) dwelling units; and WHEREAS, the Applicant is required to pay a per square foot price of $131.60 as reflected in Exhibit "A". WHEREAS, the City's TDR Bank balance will be adjusted to reflect the sale of TORs to the Applicant to reflect the reduction of fifty one thousand seven hundred forty nine (51,749) square feet or floor area and twenty eight (28) dwelling units. TDR Transfer- Ocean Beach Resort Nov. 17,2006 WHEREAS, the property receiving the transfer of development rights ("TDRs") has the following legal description: The North 100 feet of Lot 3 of TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, lying East of the Easterly right-of-way of State Road AlA, according to the Plat thereof, as recorded in Plat Book 10, at Page 64, of the Public Records of Miami-Dade County, Florida. WHEREAS, the Applicant agrees to purchase TDRs in the amount of fifty one thousand seven hundred forty nine (51,749) square feet or floor area and twenty (25) dwelling units from the City's TDR Bank as established under the City Code. 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 of twenty two million seven hundred thousand dollars ($22,700,000) ("Appraised Value"), for the Receiving Site as set forth in the attached appraisal summary. Section 3. Total Pavment for TDRs Based on the Appraised Value set forth in Section 2 hereinabove, the City Commission hereby approves the payment of six million eight hundred ten thousand and one hundred sixty eight dollars ($6,810,168) by the Applicant for the transfer of fifty one thousand seven hundred forty nine (51,749) square feet of floor area and twenty five (25) dwelling units from the City's TDR Bank to the Receiving Site generally located at 17475 Collins Avenue pursuant to Zoning Resolution No.b~''2-IO'' If the Applicant fails to pay the total amount for the TORs, 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 of ten percent (10%) of the approved purchase price of $6,810,168. The total amount of deposit is $681,017. 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 ofTDRs, site plan approval. Section S. 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 fifty one thousand seven hundred forty nine (51,749) square feet twenty-eight (28) dwelling units. Section 7. Authority of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. TDR Transfer- Ocean Beach Resort Nov. 17,2006 Section 8. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this I('..v.. day of November 2006. ~',. . " '. l~ .f.';' (', ,\ t. l ( I '.;I .", . .,. Al,TEST: _ \'';. "i;..j\'\'\'A~.'::;'~' . ".~-"~ .J;Jane'}... Hi~es, Cl\.4g, City Clerk , '1'.) . "-. -' '.<,)'" ~'I .' Moved by: COW'l'tY'\lSC;;IOI\)'i1t Ie.. L~.s:I1l-S Seconded by: ~Y't\m\S<::lllJ\)~ TH~R Vote: 5-~ Mayor Edelcup Vice Mayor Brezin Commissioner Goodman Commissioner Iglesias Commissioner Thaler V (Yes) ~(Yes) V(Yes) V(Yes) V(Yes) _(No) _(No) _(No) _(No) _(No) TDR Transfer- Ocean Beach Resort Nov. 17.2006 EXHIBIT "A" Applicants TDR Requested: 51,749 square feet and 25 dwelling units Appraisal Value FAR plus Bonus $22. 700.00 = $131.60 per square feet 172,497 51,749 X $131.60 = $6,810,168 total value ofTDRs to pay to City of Sunny Isles Beach Deposit 10% = $6,810 City Use Only Date Received fD)~~~~\YllErm ml AUG - 7 2006 lW "W~-v5 PLANNING & ZONING DEPT. Date Issued Resolution APPLICATION FORM TRANSFER OF DEVELOPMENT RIGHTS PROGRAM CERTIFICATE I. APPLICANT INFORMATION Clerk of Court Use Only NAME Sunnv Isles Resort Developers. LLLP PHONE 305-673-1101 E-MAIL FAX ADDRESS 1110 Brickell Avenue. Suite 603 CITY AND STATE Miami. Floirda ZIP CODE 33131 n. RECEIVER SITE INFORMATION, AS APPLICABLE OWNER'S NAME PHONE 954-920-7798 Sunnv Isles Resort Developers. LLLP E-MAIL FAX 954-920-4458 ADDRESS 2410 Hollvwood Boulevard CITY AND STATE Hollvwood. Florida ZIP CODE 33811 PROPERTY ADDRESSILOCATION 17475 Collins Avenue. Sunnv Isles Beach. Florida LEGAL DESCRIPTION See Exhibit "A' attached hereto and incorporated herein. FOLIO NUMBER 31-2211-045-0001 CURRENT ZONING MU-R ZONING SIZE +/-1.04 acres PURCHASE DATE April 2006 EXISTING USE OF PROPERTY Motel-Condo EXISTING STRUCTURE ON PROPERTY Motel-Condo PROPOSED FLOOR AREA RATIO 4.94 DENSITY 107 PERCENTAGE OF RIGHTS TO BE RECEIVED 30% SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED 51.749 square feet DWELLING UNITS TO BE RECEIVED 25 TOTAL FLOOR AREA RATIO INCLUDING TOR 4.94 TOTAL DWELLING UNITS INCLUDING TDR 107 III. SENDING SITE INFORMATION, AS APPLICABLE OWNER'S NAME Citv of Sunny Isles Beach (TDR Bank) PHONE (305)792-1709 E-MAIL edelcampillolalsibfl.net FAX (305)792-1674 ADDRESS 18070 Collins Avenue CITY AND STATE Sunny Isles Beach. Fl PROPERTY ADDRESS/LOCATION LEGAL DESCRIPTION FOLIO NUMBER PROPERTY SIZE EXISTING USE OF PROPERTY 'EXISTING STRUCTURES ON PROPERTY BASE FLOOR AREA RATIO PERMITTED UNITS PERMITTED SQUARE FOOTAGE OF FLOOR AREA TRANSFERRED TO TDR BANK DWELLING UNITS TRANSFERRED TO TOR BANK ZIP CODE 33160 CURRENT ZONING PURCHASE DATE MJA.FS I\^ VINOJ\I722770vOl\IKYCYOI__DOC\7/r3/05\89432,OJOIOO 2 IX. PROPERTY OWNER CERTIFICATION AND ACKNOWLEDGMENT I HEREBY CERTIFY THAT 1) THE INFORMATION FURNISHED ON THIS APPLICATION AND THE ATTACHMENTS IS TRUE. 2) I AM THE OWNER OF RECORD OF THE PROPERTY DESCRIBED IN SECTION (II) (III). (circle appropriate 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 FIVE 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, irE ATE AND BECOME EXTINGUISHED AND ymUSrBLE. 71..L4J 0' SIGN REOF OWNER (APPLICANT) DATE SIGNATURE OF CO-OWNER (CO-APPLICANT) DATE MIA.FSI\AVlNO.J\I722770v0I\IKYCYOI_,OOC\7/IJ/0S\89431.OIOIOO 4 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this L gay of L, 200 -4J-, by on behalf of , a Florida (corporation) (partnership) (other: _.)~ she is personally kno~ 0 me or has produced (type 0 identification proauced) as identification and did take an oath. ",'\'~ylp"1".. Sud-ian Perez ,:.~~.....:.P~~'" f':':" ~ ....,,~ Commission # 00295584 :.....:;~~li Expires: March 02, 2008 ""I~~I~\\"" .l,~rcn Notary 1.800.350.5161 Not Public, State of Florid Print Name: ~l>'r>, A '" Po? My Commission Expires: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this -I1-- day of Tv ! y, 200 .L2-, by on behalf of ~ , a Florida (corporation) (partnership)(other: .) He/she is personally known to me or has produced . . (tY~Of iden. tification produced) as identification and did take an oath. ~ My Commission Expires: ~~~~ ~ ublic, State of Flori~ Print Name: SU~JA'I i"",iZ..€ t "'''''''''' SUdl'an Pe'rez .:-....~..?-y.'!!'.~",.. f~,"dl.1"~;commission # 00295584 :.....''J.~~'''i Expires: March 02, 2008 "'~~~I~"\"" .Atiron Hotari 1.800.350.5161 MTA-fSl\AvmOJ\17unOvOI\IKYCYO,_.DOC\711310S\8943Z.010100 5 EX!lIBIT "A" LEGAL DESCRIPTION The North 100 feet of Lot 3 of TATUM'S OCEAN PARK COMPANY'S SUBDMSION. lying East of the Easterly right-of-way of State Road AlA, according to the Plat thereof, as recorded in Plat Book 10, at Page 64, of the Public Records of Miami-Dade County, Florida. \ Exhibit "B" Sunny Isles Resort Developers, LLLP General Partner - Resort Developers, LLC Member - HRD Management, LLC Members 1. Hector Dasso 99% 2. Juan Dasso 1 % Limited Partner - sm Resort, LLC Members I. 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II) = ~ ~ 'lj rIJ"CI .. :a ~ t; '1iJ l> bJJ ~~ os II) ..: =: Q =: '" .......' ...."....... ....u..,~ .l'l\.A olUl1DDiJ'tI1~.1 QUINLIVAN APPRAISAL A PBOFESSroNAL AsSOCIATION REAL ESTATE: APPRAISERS & CONSULTANTS 15730 S.W. 74TH 571UllET, SurrE 800 SOUTH MIAMJ., FLoRInA 33143 ~002 {welve/to ,., A ~e...tQ. f-dc:./(e-l- ~s J. MAml: QUINLIVAN, MAl SrA'l'B"'CBJiTlPl:BD QEIQJtAL APPBAlSJlB& HZ OOOOU2 TELEPHONE (305) 683"6611 FAX (305) 665-4921 THOMAS F. MAGBNHEDtEB, MAl SuTE-CBBTD"IBD GBI!fBBA.L APP:B.ullBllS HZ 00005lSD October 10, 2006 Joho Szerlag, City Manager City of Sunny Isle!! Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 RE: 15795 Collins Avenue 17475 Collins Avenue Dear Mr. Szerlag We recently completed appraisal reports of the two above referenced land parcels. A sunnnary of our appraisals is 1I/1 follows: Address Land Size Date of Value Estimate Estimate Value PerS.F, of Land Area Estimated Value Per S.F. of Proposed Buildinlz Area ~'" ~alW\ 15795 Collins AVI:. eo.~ R.psa.+ 17475 Collins AVI:, + The sites are very similar in lot width, land size and zoning. The 17475 Collins Avenue may be perceived as better in location, being more centrally located in the City of Sunny Isles Beach, closer to shopping and n:staurants and; therefore, would tend to sell at a higher unit price. 38,725 SF 45,389 SF 6/20/06 8/14/06 $425,00 . $500.00 $115.00 $135,00 When we appraised the 15795 Collins Avenue site in June of2006, the sales (lata of the 17475 Collins Avenue site was not available. If this data was available, the value ofthe 15795 Collins Avenue site may have been slightly higher, The difference between the unit prices of each appraisal is due to the date of valuation and the location of the properties. ~U'~U'VU ~u.u~ r^A dUaODa4~~~ ~003 John SzerJag, City Manager October 10, 2006 Page 2 You had asked why the appraised values were lower than the purchase prices. I do not have any information related to the purchase of the 15795 Collins Avenue site. As oft he date of appraisal and as of now, the public records do not reflect a sale price. The 17475 Collin:; Avenue site was acquired in April of 2006 via the pw'chase of the individual condominium mot,:l units for a total price of$23 ,347 ,000, a figure slightly higher than our estimated value of $22,700,000 - a 2.9% difference. Our value estimate was slightly lower due to the oversupply of condominium units and decrease in condominium apartment sale prices in Sunny Isles Beach as well as ':Jther areas of Miami-Dade County that has been occw'ing in 2006. With the downturn in the condomininm apartment market, we are also expecting a downturn in the value/sales prices of muIti- fanrily zoned land parcels. I hope I have addressed your questions. If you need further information please ask. Sincerely, . " k J. ark Q~n, MAl State Certified Genernl Appraiser Certification Number RZ0000112 JMQ/jb APPRAISAL REPORT Ocean Beach Resort Motel Condo site LOCATED AT: 17475 COLLINS A VENUE SUNNY ISLES BEACH, FLORIDA PREPARED FOR: CITY OF SUNNY ISLES BEACH 18070 COLLINS AVENUE SUNNY ISLES BEACH, FLORIDA As OF: AUGUST 14,2006 PREPARED By: QUINLIVAN APPRAISAL, P.A. 5730 S.W. 74TH STREET - SUITE 300 SOUTH MIAMI, FLORIDA 33143 QUINLIVAN APPRAISAL A PROFESSIONAL AsSOCIATION REAL ESTATE APPRAISERS & CONSULTANTS 5730 S.W. 74TH STREET, SUITE 300 SOUTH MIAM:I, FLORIDA 33143 J. MARK QUINLIVAN, MAl STATE-CBRTIFIED GENERAL ,ApPRAISBRS RZ 0000112 TELEPHONE (30~) 663-6611 FAX (305) 666-4921 THOMAS F. MAGENHEIMBR, MAl STATE-CEBTIFIED GBNBRAL ,ApPllt\ISBR.s HZ OOOO~153 August 18, 2006 Elena De Campillo, Planning and Zoning Technician City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Dear Ms. Campillo: In accordance with your request and authorization, I have prepared this Appraisal Report covering the following described property: Ocean Beach Resort Motel Condo site located at 17475 Collins Avenue, Sunny Isles Beach, Florida The purpose of this Appraisal is to estimate the Market Value of the described property as of August 14, 2006, 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. Ms. Elena Del Campillo, Planning and Zoning Technician City of Sunny Isles Beach August Ill, 2006 Page 2 Based on the inspection ofthe property and the investigation and analyses undertaken, I have formed the opinion that, as of August 14, 2006, the subject property, based on its highest and best use, has a Market Value of: TWENTY Two MILLION SEVEN HUNDRED THOUSAND DOLLARS ($22,700,000) Patrick Quinliva Registered Trainee Appraiser State of Florida, License N. RI15680 JMQ/vw (06-183) TABLE OF CONTENTS EcA:€tE TRANSMITTAL LETTER CERTIFICATION OF VALUE . . . . . . . . . . ' . . . . . . . . . . . . . . . . . . ' . . . . . . . . . . I SUMMARY OF SALIENT FACTS AND CONCLUSIONS. . . . . . . . . . . . . . . . . J 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 County 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 IMJ10 ADDENDA Assumptions and Limiting Conditions ..................................41 Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 . Client List. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . , . , . ' . 46 QUINLIVAN APPRAISAL CERTIFICATIONOF 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 correct. (B) 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. (F) The appraiser's compensation for completing this assignment is not contingent upon the reporting of a 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. (0) 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 of the 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. (J) Patrick Quinlivan provided professional assistance to the person signing this report. QUINLIVAN APPRAISAL 1 (K) The reported analyses, 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 ofthis report is subject to the requirements ofthe Appraisal Institute relating to review by its duly authorized representatives. As ofthe date ofthis report, 1. Mark Quinlivan has completed the requirements under the continuing education program for The Appraisal Institute. Based on the inspection ofthe 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 August 14, 2006, the subject property, based on its highest and best use, has a Market Value of: TWENTY Two MILLION SEVEN HUNDRED THOUSAND DOLLARS ($22,700,000) JL ~/'~',~ PATRICK QUINLIVAN REGISTERED TRAINEEApPRAISER STATE OF FLORIDA, LICENSE No. Rl15680 QUINLIVAN APPRAISAL 2 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Type Report Complete Report Format Self-Contained Purpose of Appraisal Market Value Property Rights Appraised Fee Simple Location 17475 Collins Avenue Sunny Isles Beach, Florida Legal Description The North 100 feet of Lot 3, TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, according to the plat thereof, as recorded in Plat Book 10, Page 64, of the Public Records of Miami-Dade County, Florida. Land Size Approximately 45,389 Square Feet/ 1. 04 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 Final Estimate of Value $22,700,000 $22,700,000 Date of Value Estimate August 14,2006 Dates of Inspection August 14,2006 Date of Report August 18, 2006 Remarks At the time of sales, the site was improved with a two-story apartment condominium building known as Ocean Beach Resort Motel Condo containing 66 units. The building has been razed and the owner intends to construct a 40- story residential condominium tower containing 107 units. QUINLIVAN APPRAISAL 3 LOOKING SOUTHEASTERLY ACROSS COLLINS A VENUE AT SUBJECT LOOKING NORTHEASTERLY ACROSS COLLINS AVENUE AT SUBJECT QUINLIVAN APPRAISAL h~' . -.~, I' '}'~~, , ,',., _k~'_,-~ :"";~ LOOKING SOUTHERLY ALONG COLLINS A VENUE, SUBJECI' TO LEFT ,..,-/- '- LOOKING NORTHERLY ALONG COLLINS A VENUE, SUBJECT TO RIGHT QUINLIVAN APPRAISAL LOOKING NORTHEASTERLY ACROSS SUBJECf SITE LOOKING WESTERLY ALONG 174TH STREET, SUBJECT TO REAR QUINLIVAN APPRAISAL INTRODUCTION QUINLIVAN APPRAISAL INTRODUCTION IDENTIFICATION OF THE PROPERTY Multi-family zoned land parcel containing approximately 45,389 gross square feet/1.04 acres. ADDRESS 17475 Collins Avenue Sunny Isles Beach, Florida LOCATION Northeast corner of Collins Avenue and I 74th Street, Sunny Isles Beach, Florida. PURPOSE AND DATE OF APPRAISAL . The purpose of this Appraisal is to estimate the Market Value as of August 14, 2006, 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 (TDR). The intended user is the City of Sunny Isles Beach. LEGAL DESCRIPTION North 100 feet of Lot 3, TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, according to the plat thereof, as recorded in Plat Book 10, Page 64, of the Public Records of Miami-Dade County, Florida; less portion lying westerly of Collins A venue. 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: (1) 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 - 2005 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 1 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 100% of Just Value, in reality the ratio of the assessed value to sales price is generally below 100%. Folio Numbers: 31-2211-045-0010 thru -0660 (66 total folios) Assessed Value: The property is currently accessed as individual apartment condominium units. Tax Amount: $134,657.82 Millage Rate: $22.5837 per $1,000 OWNER OF RECORD AND ADDRESS Sunny Isles Resort Developers, LLC 1110 Brickell Avenue #603 Miami, FL 33131 FIVE-YEAR HISTORY OF TITLE The individual motel condominium units have been purchased by Sunny Isles Resort Developers, LLC in April of2006 for a total price of approximately $23,347,000. Sales Data information related to the purchase of the subject site in on Page 37 of this report. QUINLIVAN APPRAISAL 6 ESTIMATED 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 sale 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 review 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 twelve months for the subject property. ESTIMATED MARKETING PERIOD The estirnated 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 consummated under the terms and conditions of the definition of Market Value required by the regulation. In 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 twelve month time period. QUINLIVAN APPRAISAL 7 LOCATION ANALYSIS l._ QUINLIVAN APPRAISAL LEGEND ~ Slate Cop/lal A County S.oll FRANKLIN~ColI"ty Namll POPULATION KEY ~ 0..., 100,000 Vl150,OOO to 100,000 (j) 25,000 to .50,000 @l 20.000 fo 25,000 CD 10,0001020,000 t& 5,000 to JO,OOO o 1,000 to 5,000 o Und.r 1,000 .!.!:..~. ", CLEAR TYPE lRADEMAllkREG.U.5.PA1,OfF. COUNTY, TOWN FLORIDA o , ScaleofMillllI 20 " MAP NO. 6508 <~~ AMERICAN MPANY, INC. ORIGJIolHOU. $OLHURlSHW GlEIlftJ.!rl!lAPS OLORe!U!.' MAPS N.E ORK .I!'=':'i;"::~'"t""..;;t, .r:.=: :':'-~":':"......"":1:l::JJ:::'''''''' ~'3' WALTON HOLMES .6. D. Funlall Sprs. 60 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 01'2,054 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. Po\)ulation 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 2004 population of Florida was estimated at 17,397,161, 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 1----. _ IOUU! " " ~~ $'It 11-' I=~D G'" A\1A N....IU'U"TI - r" I'ICrb'n ~~';'GW'.h / '-' .... . !I' 3 . i . . , , , I f-D /.. ~ .., " ~ " - ~ ~ , ... " ,~ =- , 3:.' LOCATION MAP . . a ~ . .- -.. tE ' \l J):;; ...... ~':'Sl WIll ~ III IT C rto HIL;-Di Ilv" ~\ ~N IT Ii ! ~= II ~1I,~i ~i ox",! '"Q" I "'tAM: ~ = ~!'!'!'~l";;; ~. "4Q ~11l~, c, '" ,.. ~~c .. ~ .. '. .on f , I DRnWARp COUNTY _" ./ ! OAO. COUNTY.", " IAV! " ~ '" ,.f 'D " ~.u , ........! "-.i ..; . ~Gfl TIQNY 1A~e{. I"""" ~-!l:' ... . ~.. . I elL .. I) q ~ DAY , ~~ 4 NO .. "nl -- .. .",..101I..... ... I . , .. II . ,G, ~I _fl._, ~l\l ~ 11f1~.31 ~HAL . """'- ....; ,A~R I .,. ~. IfL...aLI~ ij n! '''MIAMI lllAI 41 II IT AMIAMI A T I SW ,~ CO"A w':' ". Iii II ~L~ MILIA . ~ _i, I 4 ""D! ~ C~ II ,;fI1Jo -- i " ! d! ,,~~ - il "" Q~' .. . -..--....' '~ ..... OJ .' ~ ~ _ SWlZ T .. SUH'SET OR ~" . "'''<e I.. ~... ,~.a "f~ ' " I ow- '''. ~t.; :.~ "., ne' r ~ : I.J ~ II CD Q TANIAII''- .. -V-.._. AIAfO/l.T ~ ... .... 3 HOW^RD a 'Dill ~1:q;STI ~ " "' ti. ~ ".:.;v..,.. i : f:.m IUIl"lI.AftR' IMST...V Biscayne : QUAIL ftOOlT QR ...... ~ar:;, ..J-~ Bay .., loon _. GO, i ~ ~.;;o.n? H HUH 11I1 L DR SW211ST >'l.. ~ ,a OMl'./" ~_ / or . ;; + , .w ! U" ; ~ I -" General Highway Map of DADE COUNTY FLORIDA - . ._It fD '110 DOU'tt MAP co.. INC. '1::tl -t ~ - ... Eo, ~ " ;: " _...-nf - -I....... ..ur'ln L - o rv"r\fn ._.~~ r.I/ JI..aiY1~r / ""f~,r " IIA1l1/1/1fjIf,n CJ i: :t; ~ ~ ~ .. - - :t; " '-I ~ 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% of the growth. 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 I 970s, population growth continued in an uneven fashion especially in the urban fringes. Since 1970, approximately three-fourths of the total population growth 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 (Aventura), 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 second half of the 2000s will occur in outlying areas such as North Miami Beach, the Kendall area west of the Florida Turnpike, the S. W. 8th Street area west of the Florida Turnpike, the Hialeah- Miami Lakes area, as well as those areas both east and west of U.S. Highway I between Cutler Ridge and Florida City. Emplovment 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, govemment 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 10.4 million visitors in 2005 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. TABLEt ANNUAL AVERAGE NON-AGRICULTURAL EMPLOYMENT 2000 - 2004 INDV$w/.JX ~I;q~t~rr;, p~q,Q~ 2QQ4 TOTAL NONAGRICULTURAL 1,033,100 1,017,800 1,000,900 1,023,500 EMPLOYMENT CONSTRUCTION 37,500 36,600 40,300 40,700 41,900 MANUFACTURING 68,800 . 64,000 57,100 51,700 50,800 TRANSPORTATION AND 92,400 95,600 99,000 64,500 61 ,400 PUBLIC UTILITIES TRADE 261,000 265,800 191,100 188,200 189,900 FINANCE, INSURANCE AND 66,600 67,300 66,200 67,200 68,200 REAL EST A TE SERVICE AND MINING 346,800 354,600 414,300 437,700 459,100 GOVERNMENT 143,000 149,200 149,800 150,900 152,200 CIVILIAN LABOR FORCE 1,053,924 1,080,432 1,120,950 1,103,718" 1,107,950 UNEMPLOYMENT 55,615 74,622 86,527 79,512 62,202 UNEMPLOYMENT RATE 5.3% 6.9% 7.7% 7.2% 5.6% Source: Florida Department of Labor & Employment Security, Bureau of Labor Market Information QUINLIVAN APPRAISAL 10 The largest employer in Miami-Dade County is the Miami-Dade County School Board, followed by Miami-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 international 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. In December of200S, Florida's unemployment rate was 3.3 percent, down from 4.6 percent of the previous year, but still below the national average of 4.7 percent. In December of 2005, the unemployment rate for Miami-Dade County was 5.4 percent, down from 6.2 percent in 2003. 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. TABLE2 PER CAPITA PERSONAL INCOME SELECTED YEARS (CURRENT $) UNITED STATES FLORIDA MIAMI MSA r~)-iN03 'li~~",\&,-,,, 31,632 30,446 33,094 Source: U.S. Dept. 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 of international visitors increased approximately 1 00% 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 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 2003 4,909,200 5,535,900 10,445,100 2004 5,261,600 5,700,000 10,961.600 Source: Greater Miami Convention and Visitors Bureau, Tourism Facts and Figures Figures for 2004 indicate 10,961,600 overnight visitors came to Miami-Dade County, a 3.0% decrease from 2003. Visitors to the county increased 4.1 % in 2003 versus 2002. Table 4 shows that the bulk of international visitors to Miami-Dade County originate from Central and South American Countries (36.1%), followed by European Countries (21.8%) and Canada (10.8%). England and Germany accounted for the largest proportion of European visitors. In 2005 there were a total of 3,608,618 passengers passing through the Port of Miami and approximately 15,511,641 arriving through Miami International Airport. During 2005, the number of Port of Miami passengers increased 2.82% from 2004, and Miami International Airport increased 1.1 % from 2004, QUINLIVAN APPRAISAL 12 TABLE4 ESTIMATES OF INTERNATIONAL VISITORS BY REGION RE!QOO'!H~l'; '''~(JIJ3 'Za!J4 ft_,~'.! .':_: ;',/V1;':":" EUROPEAN COUNTRIES 22.8% 20.9% 21.1% 21.1% 21.8% CARIBBEAN COUNTRIES 6.9% 6.9% 9.5% 9.4% 6.5% CENTRAL AMERICAN 4.3% 4.5% 4.8% 5,0% 5.0% COUNTRIES SOUTH AMERICAN 34.3% 33.9% 33.3% 31.3% 31.1% COUNTRIES CANADA 11.2% 11.2% 11.1% 11.1% 10.7% OTHER COUNTRIES 20.5% 22.6% 20.2% 22.1% 24.9% TOTAL 100% 100% 100% 100% 100% Source: Greater Miami Convention and Visitors Bureau, Tourism Facts and Figures There are approximately 47,840 motel and hotel rooms in 455 lodging facilities in Greater Miami and the Beaches. The hotel-motel occupancy rate for 2005 of70.1 % was above the rate for 2004 of 67,0% and significantly above the 2001 to 2003 rates of 58.9% to 62.4%. The average room rate in 2005 was $101.60, which was up from an average room rate of $91.99 in 2004. The first in a series of new luxury properties opened in February 2004 when the 380-room Ritz Carlton opened in Miami Beach. In May of200S, the 21 O-room Le Meridian opened in Sunny Isles Beach, Three other new hotels with a total of271 rooms open in Miami Beach during 2005. In addition to the recently completed hotels, 18 lodging facilities with a total of approximately 3,000 rooms are either under construction or proposed in Miami-Dade County. The majority of the new hotel facilities are located in the beach areas. Miami-Dade Financial Resources Over the course ofthe 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 compames, 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 31 international banking agencies and eight Edge Act corporations operating in Greater Miami. Many of their banking customers are located in Latin America. Overall, about 100 domestic banks, savings and loans, foreign banks and Edge Act banks operate in Greater Miami. The greatest concentration is located along Brickell A venue 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 Interstate 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 Ornni 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 31 million arrivals and departures in 2005. 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 2003 annual tonnage of approximately 9.0 million up from 8.7 million in2002 and 8.25 million in 2003. The port's traditional customer base has been Europe, 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 34 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 govemment 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 govemment 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" govemment capable of performing the full range of public functions into an area wide operation. Real Estate At the end of200S, the Miami-Dade County Office Market contained approximately 49.27 million square feet of office space. Approximately 27.1 % of this space is located in the Miami central business district and adjacent Brickell Avenue and 23.4% in the rapidly growing Airport West area. There was an increase in the occupancy rate of office buildings in Miami-Dade County from 89% in 2004 to 91 % in 2005. Since 2002, there was an increase in occupancy from 84%. The net absorption for the county was 1.74 million square feet during 2005. Office rental rates in new buildings typically range from $22.50 to $34.00 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. QUINLIVAN APPRAISAL 15 The Greater Miami Industrial Market, as of the end of 2005, consisted of approximately 170.57 million square feet of industrial space. The approximate percentage location of this space is as follows: % OF TOTAL MARKET AREA MARKET SPACE AIRPORT EAST 14.6% AIRPORT WEST 33.2% HIALEAH 11.2% MEDLEY 10.3% MIAMI LAKES 2.9% NORTHEAST DADE 4.4% NORTHWEST DADE 14.1% SOUTH DADE 9.3% TOTAL 100% The major use of industrial space is general industrial which accounts for approximately 48% of the occupied space. Manufacturing and technology occupy the remainder of the space accounting for approximately 45% and 7% of the industrial space, respectively. The county's vacancy rate for the overall Miami-Dade County industrial market for the fourth quarter of200S was 4.7%. Miami Lakes and Airport West had the highest vacancy rates, 8.7% and 6.8%, respectively. Industrial rental rates generally range from $4.00 to $8.00 per square foot. The number of single family residential permits decreased 36.6% from 6,355 in 2002 to 8,680 in 2003. Since 2003, the number of permits has increased 7.2% to 9,306 in 2004. The average sale price of a new residence in Miami-Dade County in 2004 was $253,300 down 6.1 % from $268,734 in 2003. According to data from the Department of Business and Professional Regulation, Miami-Dade County has over 178,700 licensed rental apartment units. Reinhold P. Wolff Quarterly Housing Report shows a vacancy rate of 1.6% in August of200S, significantly lower than the 4.0% rate of August of 2004. The vacancy rate has been declining steadily since 2003 due to the reduction of inventory caused by the large amount of condominium conversions. Rental apartments have average rental rates of $904 per month for a one bedroom apartment and $1, I 34 per month for a two bedroom apartment, as of August 2005, QUINLIVAN APPRAISAL 16 The condominium apartment market is currently experiencing an all-time high inventory for new units. High-rise condominium towers are under construction in the traditional condominium locations such as Brickell A venue, Coral Gables, A ventura and the Miami beaches, as well as areas with no existing high-rise condominiums, such as the central business district of Miami, the Edgewater, Little Havana and Shenandoah neighborhoods of the city of Miami. Additionally, many existing rental apartment projects are being converted to condominiums. Sales of new condominiums peaked in the second quarter of 2005 with 14,700 units sold during the first six months of200S, compared with 7,800 new units for the entire year of2004. Sales of new units in 2002 and 2003 were 4,750 and 5,900 units, respectively. The average sale price of new condominium units was $231,829 for the second quarter of 2005, and increase of 45% over the average price of$IS9,S34 in the second quarter of2004. The new condominium apartment market is already in a largely oversupply condition. If all of the condominium projects that are either proposed or under construction in Miami-Dade County are completed, the county will have over a ten year supply of units. A softening of the market is already been evidenced by the canceling of several proposed projects. 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, Aventura and Kendall. Rental rates typically range from $15.00 to $40.00 per square foot with an average rate of $17.77 per square foot. The overall Miami-Dade County vacancy rate for 2005 was approximately 5.2%. 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 Miarni-Dade County an excellent opportunity for continued growth as an international center. QUINLIVAN APPRAISAL 17 ---- ~l I NEIGHBORHOOD MAP nr:::m:::::::'l " Jl 17_1S~-~') 1E.~1lQTH=::-":::'-=:=-=--=::::::::::::;- tE:.16il~=--=~::=====:.:-;::::t rE1.'THC.c:cc=.cc...::=c.c=> E167.TH:~~:~:~-;~~~-~~ NE:.1.6BTI:t:.::.-;:=::..-::::::.:.::::.-~:.__:--::~-:==~ (::.::..:. -:--',:::::":. :-:~'::':;':::_-_:::;:_:-::i"i .~ II ~\ crc'J ;, l!l..> _", ;,~\, l::i -.\\.-"-::-/...."~, .---~ k>' .\~ ~ '//~ .~ g6 \ / '''' """..,.. _ ___ ,,~._. A"_a'''''' ~ 856 808 w t1' -~N ~9.1.~--.---..-...~--- ~---1f'-- /,' /, ff- 9Qll:1~1 II A1 It=: ~~JU ~8T~::-=,~r-] 8~=-==(1 ~I~ _._,__".==1 C( ~, .~ " Sunn slas ~~ '\)1. I ( ,~-_.1_._-=c /--..'."-"-.J'....'.J f0,;J.-c/ ~. /jt\\-c.~' SUBJECfPROPERTY r~ \'1; 11 V475 Collins Avenue I ~'5'1H ,,::c~_..,-,j=:~~"'~__~~~ __] Irr<e.1.~~-...._'-_._-_._._-' -.-, Ii , cN~,"OTH~c=c""....~-=..='..,:= '( " ~ .,AUanlic Island ~"'TtM'Tlc;ISt.ECC=---:l:cC==1 1<1' sunn~ Isles~.....<~~~n,"!'.I~] find __:eOIMC~"-'-" ,,- c...- _~-~~~!E!I'!l.c! I nd KlN.GS.P-OINt:"-..-------- f NEIGHBORHOOD DATA The subject property is located in the city of Sunny Isles Beach, approximately fourteen miles northeast of the central business district of Miami. The subject may further be described as being located on the northeast corner of 1741h Street and Collins Avenue (State Road AlA). Sunny Isles Beach is located on a barrier island in the northeast corner 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 barrier 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 A venue. Collins A venue is connected to the mainland from Sunny Isles Beach by the Sunny Isles Causeway at N.E. l63rd Street and the William Lehman Causeway at N .E. I 92nd Street.. The east side of Collins A venue is primarily improved with older motel buildings constructed in the 19S0s 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 of a 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 1960s and I 970s, 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 approximatelyN.E. IS8th 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 Avenue at N.E. I 60th Street, just north of Kings Point, contains one hundred townhouse units and ninety condominium apartment units. This development, which was constructed in the later I 970s, 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. l63rd 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 $225,000 to $600,000. 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 (212 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 Avenue between N .E. 192nd Street and N.E. 18Sth 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 19S0s. The sale prices for the houses in Golden Shores Ocean Boulevard Estates range from $250,000 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 $1,000,000. Golden Beach, a single-family residential community, is located just north of Sunny Isles Beach. Many of the residences in Golden Beach front on either waterways or directly on the Atlantic Ocean. Haulover Beach Park, a Miami-Dade County Park, encompassing approximately a mile of beach front along the Atlantic Ocean, is located just south of the Sunny Isles Beach. Haulover Park contains facilities for boating, picnicing, swimming and fishing. The neighborhood has undergone a transition from a purely tourist oriented community to a combination multifamily and tourist destination. The retail stores in the area seem to have a normal vacancy rate. The commercial development has been oriented toward the permanent residents as well as the tourists. QUINLIVAN APPRAISAL 19 SITE DATA QUINLIVAN APPRAISAL SITE MAP 66 I .~OqO ., ~ " E- ST. __ lid "I" '{}(,t. '1.., '.' I 1 -----~ ... <'" \, .1' " ,? r A " 1- - - - - - ;- (On 94-20 -r?P KG, 1 --- .391Z Ii ' 'rsl1tl5- ei:10'1, T/'. 0Cl /2 17 a, ~ JL' U8E _ ';~?;I$i :o~~T."I,(, I LQ'W'S 17. sr,' r 1ft THEATRE lO,l I f"....... t7ff ., q -,\:.XF; ~ , ..;~..... :'~ ] I r=J$,P. '?2~ ~ I QUINLIVAN APPRAISAL SITE DATA Dimensions and Shape: The subject property is rectangular in shape. The subject property fronts for 100 feet, more or less, along the east side of Collins A venue (State Road AlA), thence runs easterly for 453.89 feet, more or less, to the Atlantic Ocean. Area: 45,389 Square Feet or 1.04 Acre Source: Hopkins Plat, Miami-Dade County Property Appraiser's Office, and Building Application Topol!ra\)hv and Drainal!e: The site is level and approximately at street grade. Flood Zone: Map NQ 1202SC0084 J "AE" Special Flood Hazard Areas Inundated by 100-Year Flood. Base flood elevation determined at eight feet. "VE" Special Flood Hazard Areas Inundated by 100- Y ear Flood. Coastal flood with velocity hazard (wave action); base flood 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 Imorovements: Collins A venue is asphalt paved with a dedicated width of 100 feet. Collins A venue contains three northeasterly bound lanes and three southwesterly bound lanes. Collins Avenue is improved with concrete sidewalks, curbs, gutters, storm sewers, street lights and a center median. I 74th Street is asphalt paved with a dedicated width of 80 feet. I 74'h Street contains two eastbound lands and two westbound lanes. l74'h Street is improved with concrete sidewalks, curbs, gutters, storm sewers, street lights and a center median QUINLIVAN APPRAISAL 21 ZONING QUINLIVAN APPRAISAL ZONING 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; 200 feet Minimum Lot Area: 20,000 square feet Maximum Height Single Family Duplex All other structures 35 feet 45 feet Not specified; controlled by minimum setbacks 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 60% 80% Maximum Floor Area Ratio (without Bonuses): Shall not exceed 2.5 times the total parcel area Maximum Floor Area Ratio (with Bonuses): Shall not exceed 4.1 times the total parcel area. Bonuses of varying amounts may be allowed for Beach access, Public beach recreational enhancement, Collins Avenue public street scape enhancements, Sunny Isles public parking, Public oceanfront park and open space enhancements QUINLIVAN APPRAISAL 22 Minimum Required Setbacks: Front 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 75 feet 50 feet, for porte-cochere and/or guardhouse 20 feet or bulkhead line, whichever is closer to Collins Avenue Rear 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 1 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 unit 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 QUINLIVAN APPRAISAL 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, altemative 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: 1. Possible Use. What uses of the site being appraised are physically possible? 2. Permissible Use (Le~an 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. Maximallv Productive. Among feasible uses, which use will produce the highest net return to the owner ofthe site? The highest and best use of the land (or site), if vacant 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 ofthe 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 tor 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 100 feet, more or less, of frontage on Collins Avenue and 100 feet, more or less, offrontage along the Atlantic Ocean. Therefore, the subject property has good access and exposure on one primary street. The subject site is 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 approximately 45,389 square feet in size which equates to 1.04 acre. 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 52 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. The portion of the subject site which extends easterly beyond the bulkhead counts towards the F.A.R. of the site. As proposed, the future development of this site would be eligible for FAR bonuses under the zoning provisions for the Beach Access Bonus (Access easement and Beach access trust fund contribution), Public beach recreational enhancement bonus, Collins Avenue public streetscape enhancements bonus, and Sunny Isles public parking bonus. These bonuses would allow the site to attain a maximum floor area ratio of3.7 times the land size or 167,939 square feet of building area. Per the Sunny Isles Beach zoning regulations, for each floor area ratio increase of 0.02 achieved through the bonus provisions, an increase of one residential dwelling unit per acre shall be granted to a maximum of80 units per acre. Under these circumstances, approximately 83 units could be constructed on the subject site. QUINLIVAN APPRAISAL 25 Feasible UseIMaximalIv Productive Use The physical ch~acteristics 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. With TDRs, the site is proposed to be developed with a 40-story condominium apartment building containing 107 -units. The building application is requesting 25 dwelling units and 51,749 square feet ofrights to be received. 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 ifvacant, is for multi-family residential usage. QUINLIVAN APPRAISAL 26 SCOPE OF THE APPRAISAL QUINLIVAN 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 VALUE 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 ofland area and a price paid per square foot of build able area. The appraiser considered other units of comparison to include price paid per front foot and price per dwelling unit. Since the number of units per acre and the site depths 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. Six of the seven sales are located within a mile distance of the subject site. The subject site and six of the seven sale properties are zoned MU-R, Mixed-Use Resort District Sale 1 is located on the southeast corner of Collins Avenue and l70'h Street, one-quarter mile 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 Avenue between lnnd Street and 1741h Street, approximately one block south of the subject property. This 39,099 square foot site sold in Septemberof2003 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. QUINLIVAN APPRAISAL 28 Sale 3 is located on the northeast corner of Collins A venue and 100th Street, approximately three miles south of the subject property. This 223,118 square foot site sold in January of 2004 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 Sale 4 is located on the northeast corner of Collins Avenue and Sunny Isles Boulevard, approximately one-quarter mile 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 Avenue between 170th Street and l720d Street, approximately three blocks south of the subject property. This 97,300 square foot site sold in Oct<;>ber of2004 for $32,100,000 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 l70th Street and 1720d Street, approximately three blocks south of the subject property. This 37,165 square foot site sold in nine transactions between January and April of200S 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 Collins A venue, just south ofBayview Drive, approximately one mile south of the south side ofthe subject site. This 57,064 square foot site sold in June of200S 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. Sale 8 is located on the northeast corner of Collins Avenue and 174th Street and is a recent sale of the subject site. This 45,389 square foot site sold in April of 2006 for a total of $23,347,000 or $514.38 per square foot. This site is zoned MU-R, Mixed Use Resort District. The site was improved with a 66-unit motel condominium building at the time of sale. This building is currently being razed. 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: RECORDATION: FOLIO NUMBER: GRANTOR: GRANTEE: LEGAL: LOCATION: SITE DESCRIPTION: Dimensions: Size: Zoning: Current Use: UNIT PRICE: FINANCING: REMARKS: LAND SALE 1 June 19, 2003 $25,000,000 Warranty Deed O. R. Book 21415, Page 4566 31-2211-004-0060 Beverly Towers, Inc. Fortune Beach, LLC The South 300 feet of the North 400 feet of Lot 1, 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: RECORDATION: FOLIO NUMBER: GRANTOR: GRANTEE: LEGAL: LOCATION: 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 Avenue, 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: RECORDATION: 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. Book 21982, Page4121 12-2226-005-0030 Smith Property Holdings WCI Communities, Inc. Tract E & Including Abutting Land to Erosion Control Line, HAL 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 223,118 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 SALE 3 QUINLIVAN APPRAISAL DATE OF SALE: SALE PRICE: TYPE INSTRUMENT: RECORDATION: FOLIO NUMBERS: GRANTOR: GRANTEE: LEGAL: LOCATION: 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 VISTA, according to the Plat thereof recorded 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 1.3 3 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 QUINLIVAN APPRAISAL DATE OF SALE: SALE PRICE: TYPE INSTRUMENT: RECORDATION: FOLIO NUMBERS: GRANTOR: GRANTEE: LEGAL: LOCATION: SITE DESCRIPTION: Dimensions: Size: Zoning: Current Use: UNIT PRICE: FINANCING: REMARKS: LAND SALE 5 October 4, 2004 $32,100,000 Warranty Deed O. R. Book 22707, Page 1216 31-2211-004-0150 Orot City, LLC Fortune Ocean, LLP Lengthy legal, TATUMS SUBDIVISION, according to the Plat thereof recorded in Plat Book 53, Page 48 of the Public Records of Miami-Dade County, Florida. 17101-17121 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 PRICE: TYPE INSTRUMENT: RECORDATION: FOLIO NUMBERS: GRANTORS: GRANTEE: LEGAL: LOCATION: SITE DESCRIPTION: Dimensions: Size: Zoning: Current Use: UNIT PRICE: 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 31-2211-049-0010 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 12195, 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 QUINLIVAN APPRAISAL 3S FINANCING: REMARKS: 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 36 SALE 6 QUINLIVAN APPRAISAL DATE OF SALE: SALE PRICE: TYPE INSTRUMENT: RECORDATION: 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. Nil, 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 380 feet 57,064 Square Feet 1.3 1 Acres MU-R, Mixed-Use - Resort District Condo sales center $455.63 per square foot Cash to seller. A luxury hotel/condominium apartment building is planned for this site. The site extends for approximately 95 feet easterly beyond the bulkhead. QUINLIVAN APPRAISAL 37 -":;'~~~:~~~;~,:~- SALE 7 L QUINLIVAN APPRAISAL DATE OF SALE: SALE PRICE: TYPE INSTRUMENT: RECORDATION: FOLIO NUMBERS: GRANTORS: GRANTEE: LEGAL: LOCATION: SITE DESCRIPTION: Dimensions: Size: Zoning: Current Use: UNIT PRICE: FINANCING: REMARKS: LAND SALE 8 April 3, 2006 - April 17, 2006 $23,347,000 (total) Warranty Deeds Various 31-2211-045-0010 thru -0660 Various Sunny Isles Resort Developers, LLC All Units of The Ocean Beach Resort, a Motel Condominium, according to the Declaration of Condominium recorded in OR Book 11507, Page 1198, and all exhibits and amendments thereof, as recorded in the Public Records of Miami-Dade County, Florida. 17475 Collins Avenue Sunny Isles Beach, Florida 150 feet x 380 feet 57,064 Square Feet I. 31 Acres MU-R, Mixed-Use - Resort District Apartment condominium under construction $514.38 per square foot New first mortgage of $28,400,000 with Bankfirst. A 40-story condominium apartment building to contain 107 units is planned for this site. QUINLIVAN APPRAISAL 38 SALE 8 QUINLIVAN APPRAISAL I"'-~'~'--'~"'-""-'--~'-'-------'-'-" '-.-. I COMPARABLE SALES MAP ~ I '" SS~ ~ale1 AUantic Island. ~ '" D Al ,,17001 ~ol1~..Aven~e Sunnyls as.,. yPoinci nna Islan . -- KINGS POINT ~al aim Island ~!y!'_ Sale 4 16699 Collins Avenue \" '" ~......'" ~ . q ~ IE z 8' w 856 / 828 z ( / 6', ~~ I '_".!'~~:'!!---\-- /~ela River St~te Park I I,' \,../ ~/ I 1.../ f ;, I \ /J NE145TH / , i(orid.f1iitl-University '-." / J ", I ! I / I !. / / ~ ~jol en beach ~lf'~U:' Island !!! vS,o i!i 1-- ~I 1 / ' , - ~T~~ l Sale 2 17315 Collins Aenue ~sale 6 I 17141 Collins Avenue Sale 5 17101-17121 Collins Avenue "'''',,< Sale 7 15701 Collins Avenue yHaulover Beach AlA! rTl ~ ~ -< rTl ~ Z -< ~ ~ o ~ ~ ~ ~ rTl " " '" '" OU e ~ ~..J ! ~ o<..J ~ 0 :E "'- v ~li uV 0 :.1'0 0 '0 "" " '" ~ ]!g ~ Uv "'::;: iij- ~ N 0 13 ... 0 v , ".2 , ~, '" 0< n 0 ~ 0 -' ~ ~ 0 e V 0 ~~ V ~ :, "" :! '" ..; .~ ~~ '~ B "l v ~ ~ ;,; ~ N , ~ <=e ::;: ~ v .... > > c::< '" v - 00< .... .... /I /I /I /I /I ~~ '" 5 V ] ~ 0 -5u o . ~ ~ ~ ~ 0 'o:J ~8 '0 V 0 01 iij- " 0 '" ~5 ;::j U ~ ~ ~ 0 0 " . ... ~ 0 ~a .!l :1; 0< .gll .g " '" -' 0 ~:9 v R~ :, on '" .a ~8 ~ .s 0 - e- is ~ ;,; ~ N ::;:.:! ~ '" ,., ::;: oe :li .... N ~< - ~ - u8 u ;;; + /I /I /I + ~ft~ '" I . ~ I " Nv ~ ~ .s ~N '" r--"t"). NO :E '" .. ai ~" "'N~ 8 51 ~ N ~ Nv ~~'" iij- iij- " 0 ..; '" ~N -v~ {j " ... '" ~ b "",., ;:nt:::~ ~v ~ 0< 0 0 ~ 0 -' S ... ::;:, ~~.....g~g 0 " ~ :, "" ~ 0; " ..; '3 :0 ~ is ... '" ;,; ~Ol ::;: ~('llt"lMMM !::~ .... 00 ::;: ~ '" .... -'u t"'l1"'-l("-lNN ~ ,., 0; u .... .... + /I /I /I + ~ ~ ~ ~ '" ..J " M.u ~ ;g '" u -> 51 0 li- 0 ~ c::< iij- on '" V ~ 0 := 0 -'-~ 0 ;; N '" ~ i~ ... 0< .g -' 0 0'- 0 :, ~ '" " N ~ ~ E:8 :0 "l ~ ~ N ,.; ;,; 0 ~ N ... N ::;: l:l " :j: :j: - .... ....J N ~ '" N .. /I /I /I " I u e ] ~ '" .s 3 '" 0 ;g 0 ~ ~" "'u ;g 8 0 iij- '" g iJ:J ~ ~ &I '" 0 8:, .!l v 0< .g ~ 0 "'lil - S ,., 00 :, ~ on -' '" V V ';i ~ ,,~ 00 N e '" ~ ;,; ~ N > > N '" ,., 8 ,., :j: :j: ~ .... Li:.5 ..J.!O N :2< ~ ~ - ::;: 0: .... Z /I /I /I u I € .s ~ ] ~ 8 V .! Co N 8 0 5,. g 0 J:~ .~ ~ iij- '" g i1i 1l ... 00 ... ~ -~ ~ N U 0 '" 0 -' '" -5.- ~ '" ' .s 0 "" on ... ~ '" ,-"" '" NV ..; ~ is ~ '" ;,; Eo uo ~< .. ~:& :j: :j: ~ ~ 3<u N 0 V .... ",0: N ~ N on U .... .... /I /I /I ~u ~ ~ I 0 :E..J ~ :E 8 0 ~~ 'O..J 8 51 iij- M 0 U . ~ 0 0 '" .,.- ~~ "" '" 0 V N ... ~ 0 ~ 8 ~ 8 ~ 00 0< ~ "" '" ~ -' ~ _e :1; MU '" :, .; ,.,v :0 ~ <( 00 iii.:! !::,,( ...> '" 00 ::;: N ~ + :j: '" Q; .... N -< - ,., 0; 0: '" .... + /I /I /I Ii ~. ~ I V ~ 0 ~ " :E ~ 0 &l " 0 0 0 ~ iij- 0 - ~ '" " V " U ~ ~ :::: ... 0 Ii 3u ~ .!l 0< 0 ~ -' '" 0 0, s :, I "" '" ... :a on tu 5..J :! o~ ;g 0 e ~ '" <( N c::< '" ::;: 0 N ~ :j: :j: (I) 0 .... ",.s ....J N ~ N u .... .... /I /I /I '" e V ] "''il ! C '0 80 '" Uv "'::;: OJ ~, '" 0< a" .g "'5 ~ " "'> "l ;g :, 8~ ~ c::<( ~ ::;: 00< (I) v - os ::;: E ... (I) -' z u iii ;,; ..: .. 0 ~ 1= '" vi 0< 1= z '" .. '" ~~ Q '" (I) ... (;: U 0 ... ~~ ~ ::;: ;; -' '!! ~ ... (I) vi<( z <( ... '" ='" -... Z 0 ... ... ::;: s-' '" u (I) C '" u '" ... Z '" ... = -<( Z '" .. 0: ... " ~ 0 N N 1= ... 0;= <(", ::;: ... 0 N '" 0 ... .., ~ 0 ... ... 0; 1= ;;; ;;; '-' ~ ..<( ... ... 1= ;;; '-' = .. '" Z ... "'z "'= (I) :oi z <( '" ... Z Z ii; '" ~ = = ~ <( .. u:! u-' " '" ~ = 2' <( ... -' <( ~ = Z Z '" 0 a z ... :: al '" '" = 0 :! <( 0:'" -- <( 0 <( 0 ... ;,; '" '" "'''' u '-' '-' 0 <( -' -' '" .. ..0 .." <( ::;: -' -' N Z ANAL YSIS OF SALES The land sales range in unit price from $217.40 to $455.63 per square foot ofIand area, The sales range in time from June of2003 to April of2006. Propertv Ril!hts 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. Financinl! 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 8 was the purchase ofthe subject property and consisted of66 transactions which occurred in April of2006. 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. Sale 7 is located on the south side of the subject site. Sale 8 is Ihe purchase of the subject site. QUINLIVAN APPRAISAL 39 Site Size/Frontal!e The sale sites range in size from 37,165 square feet to 223,027 square feet. The subject site containing 45,389 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 seven of the eight 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 $500.00 per square foot ofland area and $135.00 per square foot of buildable area. Land Area 45,389 Square Feet x $500,00 per Square Feet = $22,694,500 Rounded $22,700,000 Buildable Area 167,939 Square Feet x $135.00 per Square Feet = $22,671,765 Rounded $22,675,000 Land Value Conclusion $22,700,000 QUINLIVAN APPRAISAL 40 Ocean Beach Resort Units Unit No. OR Book OR Page Sale date Sale Price 102 24450 4552 4/17/2006 $300,000 103 24450 4959 4/17/2006 $307,000 104 24451 2 4/17/2006 $400,000 105 24451 618 4/17/2006 $300,000 106 107 24450 2126 4/17/2006 $330,000 108 24450 4404 4/17/2006 $300,000 109 24450 2555 4/17/2006 $300,000 110 24450 4481 4/17/2006 $500,000 111 24450 4781 4/17/2006 $300,000 112 24450 4599 4/17/2006 $400,000 113 24450 4850 4/17/2006 $300,000 114 24450 4727 4/17/2006 $300,000 115 24450 4023 4/17/2006 $300,000 116 24450 3971 4/17/2006 $300,000 117 24453 872 4/17/2006 $475,000 118 24450 2313 4/17/2006 $300,000 119 24452 3515 4/17/2006 $405,000 120 24450 1826 4/17/2006 $300,000 121 24450 2099 4/17/2006 $455,000 122 24450 2168 4/17/2006 $300,000 123 24450 2359 4/17/2006 $300,000 124 24450 2376 4/17/2006 $300,000 125 24552 3578 4/17/2006 $300,000 126 24450 1976 4/17/2006 $300,000 127 24450 2046 4/17/2006 $300,000 128 24452 3679 4/17/2006 $300,000 129 24450 2940 4/17/2006 $300,000 130 24450 2607 4/17/2006 $300,000 131 24452 4018 4/17/2006 $300,000 132 24450 3175 4/17/2006 $400,000 133 24451 762 4/17/2006 $400,000 200 24452 4284 4/7/2006 $500,000 201 24452 4323 4/17/2006 $800,000 202 24551 762 4/17/2006 $300,000 203 24452 4440 4/17/2006 $300,000 204 24452 4606 4/17/2006 $300,000 205 24452 4649 4/17/2006 $300,000 206 24452 4097 4/17/2006 $300,000 207 24452 4179 4/17/2006 $300,000 208 24452 4202 4/17/2006 $300,000 209 24450 2715 4/17/2006 $300,000 210 24450 3219 4/17/2006 $300,000 211 24450 3189 4/17/2006 $800,000 212 24450 3369 4/17/2006 $300,000 213 24452 4701 4/17/2006 $300,000 214 24451 73 4/17/2006 $350,000 215 24452 4255 4/17/2006 $300,000 216 24450 3919 4/17/2006 $450,000 217 24450 3759 4/17/2006 $385,000 218 24450 3534 4/17/2006 $385,000 219 24454 360 4/17/2006 $475,000 220 24451 219 4/17/2006 $350,000 221 24453 761 4/17/2006 $500,000 222 24450 3692 4/17/2006 $300,000 223 24453 596 4/17/2006 $450,000 224 24453 576 4/17/2006 $300,000 225 24453 512 4/17/2006 $300,000 226 24453 803 4/17/2006 $300,000 227 24452 4859 4/3/2006 $300,000 228 24453 6 4/17/2006 $300,000 229 24453 123 4/4/2006 $300,000 230 24453 230 4/17/2006 $400,000 231 24453 3302 4/17/2006 $330,000 232 24453 436 4/17/2006 $400,000 233 24453 461 4/17/2006 $400,000 Total $23,047,000 ADDENDA QUINLIVAN APPRAISAL ASSUMPTIONS AND LIMITING CONDITIONS This Appraisal Report has been made with the following general assumptions: \, 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 construclion, the real estate taxes and other expenses are estimated, These amounts are not guaranteed. QUINLIVAN APPRAISAL 41 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 Growth 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: 1, 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 42 QUALIFICATIONS OF THE APPRAISER J. MARK QUINLIVAN Exoerience: 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 NO 5791) Member of the Florida Bar (NO 239992) Real Estate Broker, State of Florida (NO 0125264) Certified General Appraiser, State of Florida, License NQ RZOOOOl12 QUINLIVAN APPRAISAL 43 Qualified as an Expert Witness in the Followinl! Courts: Miami-Dade, Broward, Palm Beach and Monroe County Circuit Courts United States Bankruptcy Court United States District Court Other Activities: Appraiser Special Master (1978 - 1980), Miami-Dade County Property Appraisal Adjustment Board Past President - Miami Chapter NO 71, Society of Real Estate Appraisers (1983 - 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 ATE APPRAISER AND ANALYST published quarterly by the Society of Real Estate Appraisers Recent Publications: "Non-Conforming Use Properties: The Concept of Positive Economic Obsolescence", TheAooraisal Journal, January 1981, Pages 45-51. (Arthur A. May Memorial A ward 1982). QUINLIVAN APPRAISAL 44 QUALIFICATIONS OF THE APPRAISER PATRICK QUINLIVAN Experience: 7/2004 - Present 8/1997 - 12/1998 5/1996 - 8/1996 511995 - 8/1995 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 NO RII5680 QUINLIVAN APPRAISAL 4S 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 Blink 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 Nalional Bank Interconlinenlal Bank QUINLIVAN APPRAISAL 46 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 Wa1-Mart YMCA Governmental A~encies: 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 Counly Aviation Department Miami-Dade County Department of Development & Facilities Management Miami-Dade County HUD Miami-Dade County Property Appraisal Adjustmenl Board QUINLIVAN APPRAISAL 47 Miami-Dade County Public Schools 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 Slate of Florida, Department of Corrections State of Florida, Department of Environmental Protection State of Florida, Department ofInsurance 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 ofIs1amorada 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. Tvoes of Properties Aooraised: Single Family Residences Apartment Buildings Office Buildings Retail Stores Shopping Centers Condominium Apartment Buildings Golf Courses Residenlial Subdivisions Automobile Dealerships Vacant Land Hotel/Motels Warehouses Nursing Homes Mobile Home Parks Schools Service Slations Marinas Wetlands QUINLIVAN APPRAISAL 48 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner (305) 947-0606 City Hall (305) 792-1565 Fax (305) 947-2150 Building Department A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM To: The Honorable Mayor and City Commission Via: A. John Szerlag, City Manager From: Date: Re: \. Jorge Vera, Assistant City Manager 0- Robert C. Solera, Community Development Director . November 16,2006 Transfer of Development Rights for Sunny Isles Resort Developers, LLLP. RECOMMENDA TION This resolution is presented for your consideration. REASONS The applicant, Sunny Isles Resort Developers, LLLP, is requesting the Transfer of Development Rights in the amount of 51,749 square feet and twenty-five (25) dwelling units to be use in the proposed development for the property located at 17475 Collins Avenue. Calculation of TDRs: The appraisal value of the property is $22,700,000 divided by 172,497 square feet (FAR plus bonus) is $131.60 per square feet multiplied by 51,749 square feet ofTDRs requested. Total payment to be received by the City for the purchase of the TDRs is $6,810,168. Agenda Item _lOA Date 11-=110 ... 0 to \ To: Via: From: Date: Re: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner ~ (305) 947-0606 City Hall (305) 792-1 565 Fax (305) 947-2150 Building Department A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM The Honorable Mayor and City Commission A. John Szerlag, City Manager Jorge Vera, Assistant City Manager Robert C. Solera, Community Development Director October 17,2006 Transfer of Development Rights for Sunny Isles Resort Developers, LLLP. RECOMMENDA TION This resolution is presented for your consideration. REASONS The applicant, Sunny Isles Resort Developers, LLLP, is requesting the Transfer of Development Rights in the amount of 51,749 square feet and twenty-five (25) dwelling units to be use in the proposed development for the property located at 17475 Collins Avenue. The total payment to be received by the City for the purchase of the TDRs is $6,810,168. Agenda Item 1..\6 Date City Commission Norman S. Edelcup Moyor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias CommIssioner A. John Szerlag City Manager Hans Ottinol City Attorney Jone A. Hines City Clerk 18070 Collins Avenue, Sunny Isles Beach, FL 33160 305.947.0606 www.sibfl.net November 22, 2006 Clifford A. Schulman, Esq. Greenberg Traurig 1221 Brickell Avenue Miami, FL 33131 Re: Resolution No. 06-Z-]05 Approving a Zoning Application Submitted by Sunny Isles Resort Developers, LLLP (Z2006-08) for Transfer of Development Rights in the Amount of 5],749 Square Feet of Floor Area of 25 Dwelling Units, on the Property Located at ] 7475 Collins Avenue, Subject to Certain Conditions; and Resolution 2006- ]005 Providing for the Acceptance of the Appraised Land Value of $22,700,000.00 for the Property Located at ] 7475 Collins Avenue. Dear Mr. Schulman: Enclosed please find a certified copy of Resolution No. 06-Z-1 05, adopted on November 16, 2006 by the City Commission, approving the application submitted by Sunny Isles Resort Developers, LLLP (Zoning Hearing Z2006-08), for transfer of development rights in the amount of 51,749 square feet of floor area of25 dwelling units, on the property located at 17475 Collins A venue, subject to certain conditions. Also enclosed is a certified copy of Resolution No. 2006-1005, adopted on November 16,2006 by the City Commission, providing for the acceptance of the appraised land value of $22,700,000.00 for the property located at 17475 Collins Avenue a/k/a Sunny Isles Resort Developers, LLLP, and providing for the acceptance and payment by the applicant of $6,810,168.00 for the transfer of development rights in the amount of 5],749 square feet of floor area and 25 dwelling units of the City's TDR Bank. Should you have any questions, please do not hesitate to contact me. Sincerely, 0~4~ Jane A. Hines, CMC City Clerk Enclosures c: A. John Szerlag, City Manager Hans Ottinot, City Attorney Jorge Vera, Assistant City Manager Douglas Haag, Assistant City Manager Elena Del Campillo, Planning and Zoning Technician Clayton Parker, Bu i Iding Official! Adm in istrator Robert Solera, Community Development Director Jean Watson, Finance Director Linda Dosal. Assistant Finance Director Office of/he City Clerk (305) 792-/703 Phone (305) 949-3113 Fax Schulman. CIJlford SUI1I1)' Isles Resort Dev Tral1sl11illall.tr