HomeMy WebLinkAboutReso 2011-1752
RESOLUTION NO. 2011-$~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE
ASSIGN:MENT OF 40,000 SQUARE FEET OF TRANSFER
DEVELOP:MENT RIGHTS FROM PLAZA ISLE, LLC TO ABUS
SUNNY ISLES, LLC; PROVIDING THE CITY MANAGER AND
THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL
THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the "City") and Plaza Isle, LLC ("Plaza
Isle") entered into an agreement on August 3, 2009, for the purchase and sale of the property
located at 16200 Collins Avenue, Sunny Isles Beach, Florida, 33160 (the "Property") for a
purchase price of four million five hundred seventy thousand dollars ($4,570,000.00); and
WHEREAS, pursuant to section 15 of the agreement of purchase and sale for the
Property, the City agreed to deposit forty thousand (40,000) square feet of development rights
("TDRs") in an account created on behalf of Plaza Isle; and
WHEREAS, the City and Plaza Isle subsequently entered into a formal assignment of
transfer development rights on August 20, 2009, attached hereto as Attachment "A", wherein the
City agreed to deposit in a TDR Bank the amount of 40,000 square feet of TDRs with the
corresponding number of units in an account designating Plaza Isle as owner of same, with the
TDRs having a life span of fifteen (I5) years from August, 2009; and
WHEREAS, on July 15, 2011, Plaza Isle entered into an assignment of transfer of
development rights with Abus Sunny Isles, LLC, wherein Plaza Isle assigned and transferred
40,000 square feet of TDRs held in the account designed for and held for Plaza Isles to Abus
Sunny Isles, LLC, as assignee; and
WHEREAS, the City has reviewed the assignment of transfer of development rights
agreement between Abus Sunny Isles, LLC and Plaza Isle and has no objection to the
documentation or assignment of transfer of 40,000 square feet of TDRs to Abus Sunny Isles,
LLC.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Assignment of 40,000 square feet of TDRs from Plaza Isle. LLC to
Abus Sunny Isles, LLC. The City hereby approves the assignment of 40,000 square feet of TDRs
from Plaza Isle, LLC to Abus Sunny Isles, LLC, a copy of which is attached hereto as
Attachment "B". The City shall establish a TDR Bank account in the amount of 40,000 square
feet of TDRs with the corresponding number of units for Abus Sunny Isles, LLC as owner of
same with the aforementioned TDRs having a life span of fifteen (I5) years from August 20,
2009.
Section 2, Authority of City Manager and City Attorney. The City Manager and the City
Attorney are authorized to do all things necessary to effectuate this Resolution.
Section 3.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 21st day of July, 2011.
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ATTEST:
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Jan'e A. Hines, C,Mc' City Clerk
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Moved by:
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Seconded by:
Vote: t;-\)
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
--.1L(Yes)
V(Yes)
~Yes)
AYes)
---1L-(Yes)
_(No)
(No)
(No)
_(No)
(No)
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This instrument prepared by:
Office of the City Attorney
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
ASSIGNMENT OF TRANSFER DEVELOPMENT RIGHTS
KNOW ALL MEN BY THESE PRESENTS, that the CITY OF SUNNY ISLES
BEACH, ("City")) for and in consideration of the sum of Ten and no/100 ($10.00) Dollars of
lawful money of the United States and other good and valuable considerations, paid, received from,
and on behalf of Plaza Isle, LLC, a Florida limited liability company ("Plaza Isles") heirs,
successors, or agents, at or before ensealing and delivery of the presents, in Miami-Dade County,
State of Florida, the receipt and sufficiency of which is hereby acknowledged and accepted, does
hereby grant, to Plaza Isles, those certain Transfer of Development Rights ("TDRs") with the
corresponding number of Wlits in an account designed for Plaza Isles, in connection with the
purchase of real property located at 16200 Collins Avenue, Sunny Isles Beach, Florida 33160 and
further described as: See Exhibit "A" attached hereto and incorporated by reference herein.
WHEREFORE, the City shall deposit in a IDR Bank the amount of 40,000 square feet of TDRs
with the corresponding number of units in an account designating Plaza Isles as owner of same.
The aforementioned TDRs will have a life span of fifteen (15) years from August 20, 2009.
WHEREFORE, Plaza Isles shall have the absolute right during the fifteen (15) year period, to sell,
use, transfer or assign, in whole or in part, the IDRs, to any property located within the City of
Sunny Isles Beach, without the consent of the City.
NOW THEREFORE, in consideration of mutual promise and exchange between the parties and
other good and valuable consideration, the parties agree and stipulate as follows:
herein.
1. The above recitals are true and correct and are hereby incorporated by reference
2. That the City, upon execution of this Assignment, hereby assigns and transfers 40,
000 square feet ofTDRs to Plaza Isles LLC, heirs, successors, or agent.
3. That the TDRs will have a life span of fifteen (15) years from August 20,2009 and
Plaza Isles may assign or transfer such TDRs without limitation except that Plaza Isle shall proyide
notice to the City upon a sale in accordance with the City Code in existence at the time of said
transfer.
4. That Plaza Isles may sell, use transfer or assign in whole or in part the TDRs to any
receiving site or property located within the City of Sunny Isles Beach, Florida, without the consent
Attachment "A"
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or approval of the City, except that Plaza Isle shall provide notice to the City upon a sale and in
accordance with the City Code.
5. The City shall create an account on behalf of Plaza Isle to hold the TDRs.
TO HA VE AND TO HOLD, the same unto said Assignee, his heirs, legal representatives,
successors, administrators, and assigns forever.
(Signatures continue on next page)
2
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IN WITNESS WHEREOF, the party herein has caused this Assignment of Lease to be executed
b~ duly authorized representative freely and voluntarily for the purposes herein expressed on this
~ Clay of August 2009.
ASSIGNOR:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me this '2..O..\J.\ day of August, 2009,
by '"R\(.,\<" c.of\)~, on behalf of the City of Sunny Isles Beach of who is personally known to
me, or has produced valid Florida Driver 's Li~catiA' ~
-'~ NoIIlY Public StIlII 01 FIoride NOTARY PUBLIC - STATE O~ FLORIDA
,. ~~ Jane A Hlnll A
,,,) ~==O~~88:see7 Print Name: -:JA-'N E . \ fJ i.r
My Commission Expires: '5' 1'3 Jz.o, 3
Witnesses:
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P .nt Name: :r'l~'-I(M rJ... ~f4
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Print Name: ~b.-r;... 1-;---
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ASSIGNEE:
PLAZA ISLE, LLC, a Florida Limited
Liability Company
STATE OF FLORIDA ) SS
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me this cJ...o ~y of August, 2009,
by Hairn Yehezke1, Managing Member of Plaza Isle, LLC, a Florida limited liability company, who
is personally known to me, or has produced valid Flor' Drive's Lie nse as identification.
NOTARY PUB C - STATE OF FLORIDA
Print Name:
My Commission Expires:
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EXHIBIT "A"
All that part of Lots 93,94,95 and 96, TATUM'S OCEAN BEACH PARK, according to the Plat thereof, as
recorded In Plat Book 5, Page 35, of the Public Records of Miami-Dade County, Florida, bounded as follows:
Bounded on the Northerly side by a line drawn parallel with and 1069.39 feet South of. measured at right angles
to, Brown's Base Line as described below:
Bounded on the Southerly side by a line drawn parallel to and 1299.39 feet South measured at right angles to the
Brown's Base Line as said Brown's Base Line Is shown on the Plat of Sunny Isles Base Line and Tie-ins,
according to the Plat thereof, as recorded In Plat Book 34, Page 95. of the Public Records of Miami-Dade County,
Florida; Bounded oh the Easterly side by the Westerly Right-on Way of State Road A-1-A, as shown on the Plat
thereof, as recorded in Plat Book 45, at Page 39, of the Public Records of Miami-Dade County, Florida; Bounded
on the Westerly side by the face of sea wall constructed along the Easterly Bank or shore line of Ocean Canal as
shown on the Plats of Atlantic Island Sunny Isles, as recorded In Plat Book 34, Page 17 and Poinciana Island,
Sunny Isles, recorded in Plat Book 34, at Page 100, of the Public Records of Miami-Dade County, Florida.
PLAZA ISLE, LLC
201 _71st Street
Suite 309
Miami Beach, FL 33141
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July JS-, 2011
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Re: Transfer of 40,000 Sq. Ft. ofTDRs from Plaza Isle, LLC to
Abus Sunny Isles, LLC
Gentlemen:
The undersigned is the Managing Member of Plaza Isle, LLC, a Florida limited liability
company ("Plaza Isle").
Plaza Isle has closed on its sale of 40,000 square feet of TDRs to Abus Sunny Isles, LLC,
a Florida limited liability company.
You are hereby instructed to transfer from the 40,000 square feet of TDRs which you are
holding for the benefit of Plaza Isle to Abus Swmy Isles, LLC, a Florida limited liability
company.
Enclosed is copy of the executed Assignment of Transfer to Development Rights.
If you have any questions, please contact my attorney, Joel S. Piotrkowski, Esquire at
305-865-4311.
Very truly yours,
PLAZA ISLE, LLC
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By: Itft.\..\AA~ r r
Bairn Yehezkel, Manaf!irtg Member
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Attachment "B"
The foregoing instrument was acknowledged before me this /....~+r-/ day of
U, , 20 II, by Hairn Yehezkel, Managing Member of Plaza Isle, LLC, a Florida
mited r . lty company, who is personally known to me or who has produced
identification and who did take an oath,
, -"~~A4{ ~J~~hfr-
Notary PublIc .
PLAZA ISLE, LLC, a Florida Limited Liability
Company
By: . (ft;\'/\jVv\./~
Haim Yehezkel, Managtn
l~\-:;"~:t;:i;J:, SUSA~ J: STEIN .
~.:~:.~ Commission # EE 073606
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Prepared by and Return to:
Joel S. Piotrkowski, Esquire
Green, Kahn & Piotrkowski, P.A.
317 - 71 st Street
Miami Beach, FL 33141
ASSIGNMENT OF TRANSFER OF DEVELOPMENT RIGHTS
KNOW ALL MEN BY THESE PRESENTS, that Plaza Isle, LLC, a Florida limited
liability company ("Plaza Isle" or "Assignor"), for and in consideration of the sum of Ten and
NollOO ($10.00) Dollars, and other good and valuable consideration, paid, received from, and on
behalf of Abus Sunny Isles, LLC, a Florida limited liability company ("Assignee"), its heirs,
successors, or agents, at or before ensealing and delivery of the presents, in Miami-Dade County,
Florida, State of Florida, the receipt and sufficiency of which is hereby acknowledged and
accepted, does hereby grant to Assignee 40,000 square feet of Transfer of Development Rights
("TDRs") held in an account designed for and held for Plaza Isle, with the City of Sunny Isles
Beach, Florida.
WHEREFORE, Plaza Isle has on deposit in a TDR Bank with the City of Sunny Isles
Beach, Florida, the amount of 40,000 square feet ofTDRs in an account for the benefit of Plaza
Isle as owner of same;
NOW, THEREFORE, in consideration of the mutual promise and exchange between the
parties and other good and valuable consideration, the parties agree and stipulate as follows:
1.
herein.
The above recitals are true and correct and are hereby incorporated by reference
2. Plaza Isle upon execution of this Assignment, hereby assigns and transfer 40,000
square feet ofTDRs to Assignee, its heirs, successors, or agents.
TO HA VE AND TO HOLD, the same unto the said Assignee, its heirs, legal
representatives, successors, administrators and assigns forever.
IN WITNESS WHEREOF, the party herein has caused this Assignment of Transfer
Developme~t Rights, to &e executed by its duly authorized representative freely and voluntarily
onthisjSf'/dayof I~~ ,2011. .
" (See Separate Signature Pages)
ASSIGNOR:
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PLAZA ISLE, LLC, a Florida Limited
Liabilit)( Company
STATE OF FLORIDA )
:SS.
COUNTY OF MIAMI-DADE )
~ JJ e foregoing instrument was acknowledged before me this /...5 ;.~ day of
. ~/\,. , 2011, by Haim Yehezkel, Managing Member of Plaza Isle, LLC, a Florida
limite ability company, who is personally known to me or who has produced
as identification and who did take an oath. ~)
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Notary Public (j
.~-:;;'::'f;;;;;. SUSAN J. STEIN
i:rQ~:-: Commission # EE 073606
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ASSIGNEE:
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Name: ,.i':>"k\11W L'>'\-;;.A
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STATE OF FLORIDA )
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COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me this / gVJL day of
,201 I, by Manuel Grosskopf, Managing Member of Abus sunny Isles, LLC, a
limited liability company, who is 12ersonally known to me or who has produced
as identification and who did take an oath.
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INDEMNIFICATION AGREEM3NT
This Indemnification Agreement dated this I r! day of ,j c...-/7 2011, by
Plaza Isle, LLC, a Florida limited liability company ("Plaza Isle"), and Abus Sunny Isles, LLC, a .
Florida limited liability company ("Abus") in favor of the City of Sunny Isles Beach, Florida (the
"City").
WITNESSETH:
WHEREAS, Plaza Isle has assigned to Abus the' 40,000 sq. ft. of Transfer of
Development Right') ("TDR's") held in an account d~signated and held for the benefit of Plaza
Isle with the City; and
WHEREAS, Plaza Isle and Abus have agreed to indemnify and hold harmless the City as
hereinafter provided;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for
other good and valuable consideration, the receipt of which is hereby acknowledged, the parties
do hereby agree as follows:
I. The above recitals are true and correct and are incorporated herein.
2. Plaza Isle has assigned to Abus the 40,000 sq. ft. of TDR's which are held in an
account for the benefit of Plaza Isle with the City.
3. Plaza Isle and Abus agree and do hereby indemnify and hold harmless the City
from any liability as to any claims that may arise between them or any private parties as a result
o[the transfer of the TDR's from Plaza Isle to Abus.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
(See Separate Signature Pages)
1
Witnessed:
PLAZA ISLE, LLC, a Florida Limited
Liability Company
STATE OF FLORIDA )
:SS.
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this ()tI day of
~ \\t, 2011, by Haim Yehezkel, Managing Member of Plaza Isle, LLC, a Florida
~ company, who is personally known to me or who has produced
as identification and who did take an oath. . .
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ASSIGNEE:
,Member
STATE OF FLORIDA )
:SS.
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me this J ~ day of
, 2011, by Manuel Grosskopf, Managing Member of Abus sunny Isles, LLC, a
Flori limited liability company, who is personally knowI;l to me or who has produced
as identification and who did take an oat~
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles 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
Isaac Aelion, Commissioner
Jeanette Gatto, Commissioner
George "Bud" Scholl, Commissioner
Alan J. Cohen, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Jorge L. Vera, Assistant City Manager/Services
DATE: July 21,2011
RE: Assignment of Transfer of Development Rights
RECOMMENDATION:
Staff recommends approval of the attached Resolution to allow Plaza Isles, LLC to transfer the
development rights that they currently own to Abus Sunny Isles, LLC.
REASONS:
On August 20, 2009, Plaza Isles, LLC established an account in the City's Transfer of
Development Rights Bank. Plaza Isles, LLC now wishes to enter into an agreement to transfer
the development rights in the amount of 40,000 square feet to Abus Sunny Isles, LLC. The City
has reviewed the Assignment of Transfer of Development Rights between the two parties and
has no objections to the documentation or assignment.
To be completed bv Department Head To be completed bv City Clerk's Office
Funding available; i\pproval; Ci~ Agenda Item No.; ~~b-{}l.l: lDR
Finance Department .
Commission Meeting Date; 1-21- II