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
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'.' .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)
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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"
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the property.
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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.
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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.
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Agenda Item ~_
Date S-(S-o<l