Loading...
HomeMy WebLinkAboutReso 2008-1358 RESOLUTION NO. 2008--i35~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING A LETTER AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND MANSIANA OCEAN RESIDENCES, LLC, (COMMONLY KNOWN AS THE SOLIS DEVELOPMENT PROJECT) TO EXTEND THE TIME FOR PAYMENT OF TRANSFER DEVELOPMENT RIGHTS ("TDRS") BY MANSIANA IN ACCORDANCE WITH THE ATTACHED 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, by Resolution No. 2007-1158, adopted on September 20, 2007, the City Commission agreed to extend the time for payment of TDRs by Mansiana Ocean Residences LLC ("Mansiana"); and WHEREAS, by Resolution No. 2007-1168, adopted on October 18, 2007, the City Commission approved a First Addendum to the promissory note, extending additional time to Mansiana to make the required payments no later than December 31, 2007; and WHEREAS, by Resolution No. 2008-1211, adopted on January 17, 2008, the City Commission approved a Second Addendum to the promissory note, extending additional time to Mansiana to make the required payments no later than December 31, 2008; and WHEREAS, on October 30, 2008, the City and Mansiana executed a Letter Agreement ("Letter Agreement") extending the time for TDR payments to September 15, 2009, with payments on the unpaid balance being made at the rate of 8Y2 % ; and WHEREAS, the complete terms and conditions of the Letter Agreement are outlined in the attached Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratification of Letter Agreement: The City Commission hereby ratifies and approves the terms and conditions of the Letter Agreement 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. Resolution No. 2008 - Ratification of Letter i\b'Teement Page 1 of 2 Section 3. Effective Date. This Resolution will become efrcctive upon adoption. PASSED AND ADOPTED this l~day of b~<Cw\gtiR. .2008. ATTEST: ~~~ .Jane A. I-lines. CMC. City Clerk APPROVED AS TO FORM AND LEGAL SU FICIENCV. / Moved by: C.D~ <;'<-\-\OLL \j \ U ('{\~O~ -r \-\ M-G:.R Seconded by: Vote as Follows: L\.....O - \ Mayor Edelcup Vice Mayor Thaler Commissioner Brezin - Ato;~ Commissioner Goodman Commissioner Scholl ~Yes) ~tYes) _(Yes) ~(Yes) V(Yes) (No) _(No) (No) (No) (No) J{L'~Ollllll)ll ~l). 2(I(IK- Itllil-1Clllll11 ()( l.l'lllT \gfl'l'l11i..'llt 11,1gl'.2 ()!":2 City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk October 30, 2008 Mr. Daniel Tantleff Portfolio Director Solis Resort, Spa & Residences 15701 Collins Avenue Sunny Isles Beach, Florida 33160 Re: Extension of TDR Payments for the Solis Resort, Spa & Residences Development Proiect Dear Mr. Tantleff: As you know, the balance of TDR payments for the above referenced project, including all interest payments, is due to the City on or before December 31, 2008. This amount comes to One Million Eight Hundred Fifty-Four Thousand Five Hundred Twenty-Three Dollars and Eighty Cents ($1 ,854,523.80). You are now requesting relief from this timetable because of difficulty in obtaining financing. As we discussed, I am going to request that the City Commission approve a revised payment schedule which will remit to the City of Sunny Isles Beach all monies due, plus interest, by September 15, 2009. Thus, payments made will be a combination of principal and interest at the rate 8Y:2 % on the unpaid balance. The mechanics of this extension follow: 1. Three Hundred Forty-Eight Thousand Nine Hundred Thirty-Five Dollars and Sixty-Four Cents ($348,935.64) will be due to the City of Sunny Isles Beach on December 15, 2008. This payment represents the equivalent of two monthly payments that will cover November and December, 2008. This payment only will be granted a 20 day grace period. 2. Subsequent to the above payment, monthly payments in the amount of One Hundred Seventy-Four Thousand Four Hundred Sixty-Seven Dollars and Eighty-Two Cents ($174,467.82) will then become due on or before the 15th of each month. January thru September, 2009. A complete payment table is indicated below. Exhibit "A" Tantleff - Extension of TOR for Solis Resort - Lt. To: Date: Page: Daniel Tantleff October 30. 2008 20f2 12/15/2008 1/15/2009 2/15/2009 3/15/2009 4/15/2009 5/15/2009 6/15/2009 7/15/2009 8/15/2009 9/15/2009 Pavment 348,935.64 174,467.82 174,467.82 174,467.82 174,46782 174,467.82 174,467.82 174,467.82 174,467.82 174,467.82 Principal Pd 324,012.11 163,729.39 164,889.14 166,057.11 167,233.35 168,417.91 169,610.87 170,812.29 172,022.21 173,24070 Interest Paid 24,923.53 10,738.43 9,57868 8,410.71 7,234.47 6,049.90 4,856.94 3,65553 2,44561 1,227.12 Total Interest 24,923.53 35,661.95 45,240.63 53,651.34 60,885.81 66,935.72 71,79266 75,44819 77,893.80 79,12092 Balance 1,516,01296 1,352,283.57 1,187,394.43 1,021,337.32 854,103.98 685,686.06 516,07519 345,262.90 173,240 70 0.00 Wiring instructions are as follows: Colonial Bank, Sunny Isles Beach, Florida 33160, Routing #062001319. Please Credit the Account of: City of Sunny Isles Beach- TDR, Account Number: 8035582504. Please contact Assistant City Manager Douglas Haag upon completion of the wire transfer. The City Attorney will draft the necessary documents relative to this issue. In the meantim please sign where indicated and return to me by November 3,2008. AJS/iw cc: The Honorable Mayor and City Commission Hans Ottinot, City Attorney Jorge L. Vera, Assistant City Manager, Services Department Douglas Haag, Assistant City Manager, Finance Division Clay Parker, Building Official Tantleff - Extension ofTDR for Solis Resort - Ltr TO: FROM: DATE: RE: City of Sunny Isles Beach ] 8070 Collins Avenue Sunny ]sles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler. Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl. Commissioner A. John Szerlag, City Manager Hans Ottinot. City Attorney Jane A. Hines, City Clerk MEMORANDUM December] 8, 2008 The Honorable Mayor and Ity A. John Szerlag, City Mana~ r Third Extension of TDR Payments for Solis Resort, Spa and Residences Development Project RECOMMENDA TION: It is recommended that the City Commission consider the attached resolution. REASONS: The balance of TDR payments for the above-reference project, including all interest payments, is due to the City on or before December 3], 2008. This amount comes to One Million Eight Hundred Fifty-Four Thousand Five Hundred Twenty-Three Dollars and Eighty Cents ($],854,523.80). Solis Development is now requesting relief from this payment time schedule because of difficulty in obtaining financing. Based on the foregoing, attached is a letter of agreement signed by Mr. Daniel Tantleff, Portfolio Director of Solis Resort, Spa and Residences, which outlines a revised payment schedule. Please know that this payment schedule is structured so that all principal and interest payments are remitted to the City of Sunny Isles Beach by September 15, 2009. Payments will be made monthly and will reflect a combination of principal and interest at the rate of eighty and one-half percent (8Y2%) on the unpaid balance. ADDITIONAL INFORMATION: Approval is recommended. Attachment cc: Hans Ottinot, City Attorney Jorge L. Vera, Assistant City Manager/Services Doug Haag, Assistant City Manager/Finance Daniel Tantleff, Solis Resort, Spa and Residences File To be completed bv Dep:lrtment He:ld To be comoleted bv Cirv Clerk's Office Funding available: Approval: Agenda Item No.: (nY I ~- () <g !'inanee Department City Manager 12, Cc)mlnissiotl [\fccting l)atc: SolIs 3rd Extension of'[DR Payment Ltr City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk December 24, 2008 Mr. Daniel Tantleff Portfolio Director Solis Resort, Spa & Residences 15701 Collins Avenue Swmy Isles Beach, FL 33160 Re: Resolution Ratifying a Letter Agreement Between the City of Sunny Isles Beach and Mansiana Ocean Residences to Extend the Time for Payment of Transfer Development Rights (TDRs) Dear Mr. TantIeff: At its regular meeting of December 18, 2008, the City Commission adopted Resolution No. 2008-1358, which ratified the approval of a Letter Agreement between the City and Mansiana Ocean Residences extending the time for payment ofTDRs. Enclosed is a copy of the adopted Resolution for your files. Thank you. Sincerely yours, ~A~ Jane A. Hines, CMC City Clerk Enclosures cc: A. John Szerlag, City Manager Doug Haag, Assistant City Manager/Finance