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HomeMy WebLinkAboutReso 2008-1270 RESOLUTION NO. 2008---.lnD A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DIRECTING THE CITY MANAGER OR DESIGNEE TO COMPLY WITH THE TERMS AND CONDITIONS OF THE OFFER LETTER SENT TO JOSEPH MILTON REGARDING THE PURCHASE OF PROPERTY FROM ST. TROPEZ, III, LLC. DATED MARCH 11, 2008, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has the desire to acquire land for open space and public parking in the Sunny Isle Boulevard corridor of the City; and WHEREAS, the City Commission has the opportunity to purchase property on Sunny Isles Boulevard to satisfy the City's open space and public parking needs; and WHEREAS, St. Tropez III, LLC the owner of the vacant property has accepted the offer made by the City to acquire a vacant parking lot on Sunny Isles Boulevard and has entered into an option agreement with certain terms and conditions outlined in the offer letter, attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Directive to the City Manager. The City Commission hereby directs the City Manager or designee to comply with the terms and conditions of the offer letter to St. Tropez III, LLC, administratively, attached hereto as Exhibit "A". Section 2. Authorization of City Manager and City Attorney. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate the terms of this resolution. Section 2. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this ~"day of M A-Y ,2008. Resolution No, :2I1I1H - St. 'J'ropcz Purchase Page I of:2 ci:"A..~ ~Q , '.' .Jane A. Hines, CMC, City Clerk Vote as Follows: 5-D Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl Resolution No, 21111X - ~l. Tropez Purchasl' Moved by ~ <J. I'Y\~ TH~ue.. Seconded by: ~ \'V\. ~\ [)~ ~ i'Z 1M V(Y es) v(Yes) l,..ooo""(Yes) t./(Yes) V (Yes) _(No) _(No) (No) _(No) _(No) Page 2 of 2 I City Commission Norman S. Edelcup Mayor March 11, 2008 Lewis J. Thaler Vice Mayor Via Hand Delivery Only Roslyn Brezin Commissioner Mr. Joseph Milton 3211 Ponce De Leon Blvd. Suite 301 Coral Gables, FL 33134 Miami, FL 33130 Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk Re: Offer To Purchase of Parcel of Land Located on Sunny Isles Boulevard, with Folio # 31-2214-007-0050 (Lot located on the east side of287 Sunny Isles Blvd.). Dear Mr. Milton: Consistent with our recent conversations, the City of Sunny Isles Beach (the "City") hereby offers to purchase the above-referenced property for One Million Five Hundred Fifty-Eight Thousand Four Hundred Nineteen Dollars and Seventy-Eight Cents ($1,558,419.78). This offer will be formalized in an option agreement which will require the City to proceed with closing on the property after the expiration of a sixty (60) day option period to conduct necessary due diligence. The City will pay an option fee of Fifty Thousand Dollars ($50,000.00) to Chicago Title upon the execution of the option agreement by the Seller. As additional consideration, the City agrees to approve the following matters administratively prior to closing: (1) Deposit in the City's TDR Bank 12 units of Transfer of development Rights ("TD R' s") in account designated for the Seller; (2) Forgive debt payment of $841 ,580.22 owed pursuant to Resolution Nos. 2006-959, 06-Z-1 01, which approved development project commonly known as St. Tropez; and (3) Extend the site plan approval for the Fourth Tower in the St. Tropez project for a period of four years, commencing on the date of expiration of the existing approval. It is important to note that this offer is contingent upon the following conditions: (1) your ability to transfer clear and marketable title with no encumbrances; and (2) approval of the option agreement by City Commission; and (3) the City's ability to secure two (2) appraisals to determine the overall value of the property. The City will provide Seller with the use of the property for parking purpose until the City has created a development plan for Exhibit "A" ~ the property. 0",NY 1$( ~~~J' OY...___ ~~<9<<, t:!J '~"0 ul~~' I\I * \...... ., 1 * *\~. ~* .>~~'I~~~\,,* /' 9~~Q <v'<:f" -Y", 'HO ':> C' """ fry OF SUN ~ The material terms set forth in this offer letter will be incorporated in the aforementioned option agreement for the City Commission's consideration and approval at the March 20, 2008 commission meeting. If the terms of this offer are acceptable to you, please execute below. If this offer is not signed and delivered to me by 5:00 p.m. on March 12,2008, the offer shall be null and void. If an extension is needed, please feel free to contact me at (305) 792-1702. HO/jlb Rea~ted by: Joseph Milton cc: The Honorable City Commission A. John Szerlag, City Manager Fernando Amuchastegui, Assistant City Attorney Harold M. Rifas, Esq. I City of Sunny Isles Beach ] 8070 Collins Avenue Sunny Isles Beach. Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis .1. Thaler, Vice Mayor Gerry Goodman, Commissioner Roslyn Brezin, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney .Jane A. I~ines, CMC, City Clerk MEMORANDUM TO: The Honorable Mayor and City Commission Hans Ottinol, City AIIOrney~ March 12, 2008 FROM: DATE: RE: Directing the City Manager or Designee to comply with the terms and Conditions of the Offer Property from the Joseph Milton RECOMMENDA TION It is recommended that the City Commission adopt the attached Resolution, directing the City Manager to comply with the terms and conditions of the offer letter made to St. Tropez III, LLC administratively. REASONS Mr. Milton has accepted the offer made by the City to acquire a vacant parking lot on Sunny Isles Boulevard. The property discussed herein will help satisfy the City's open space and public parking needs. The attached Resolution provides the City Manager with instructions to comply with the terms and conditions of the offer letter administratively. The City intends to close on the property on May 14, 2008. /attachment HO/jb ~bb-ON Agenda Item ~_ Date S-(S-o<l