HomeMy WebLinkAboutReso 2011-1808RESOLUTION NO. 2011- (BOB
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE
TRANSFER OF DEVELOPMENT RIGHTS ( "TDRS ") IN THE
AMOUNT OF THIRTY FOUR THOUSAND FOUR HUNDRED
EIGHTY FIVE (34,485) SQUARE FEET OF FLOOR AREA AND
NINETEEN UNITS (19) TO GILCO REALTY, LC A/K/A 18555
DEVELOPERS LLC FOR THE PROPERTY LOCATED AT 18555
COLLINS AVENUE; FROM THE SUB -BANK ACCOUNT OWNED
BY FORT APACHE MARINA, LLC,; DIRECTING THE ZONING
ADMINISTRATOR OR DESIGNEE TO TRANSFER THE TDRS
FROM THE SUB -BANK ACCOUNT IN ACCORDANCE WITH
ZONING RESOLUTION 11 -Z Z PROVIDING FOR CONSENT
TO TRANSFER TDRS FROM THE SUB -BANK ACCOUNTS;
AUTHORIZING THE ADJUSTMENT AND MODIFICATION OF
THE TDR SUB -BANK; 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. 11-7- 123, adopted November 17, 2011, the City
Commission approved the zoning application submitted by Gilco Realty, LC. a/k/a 18555
Developers, LLC ( "Applicant ") for the transfer of TDRS in the amount of 34,485 square feet of
floor area and 19 dwelling units; and
WHEREAS, by Resolution No. 2005 -784, adopted April 14, 2005, the City Commission
designated the Tract "B" of Porto Bellagio, LLC as a sending site for purposes of transferring
TDRs, currently owned by Fort Apache Marina, LLC in the amount 34,485 square feet and 19
dwelling units; and
WHEREAS, pursuant to City Resolution 2011 -1797 the Commission agreed on releasing
restriction imposed under Resolution 2005 -784 as to the use of the Tract `B" of Porto Bellagio
TDRs strictly on the west side of Collins Avenue; and
WHEREAS, the City's TDR Sub -Bank account owned by Fort Apache Marina, LLC.
will be adjusted to reflect the sale of TDRs to the Applicant to reflect the reduction of thirty four
thousand four hundred eighty five (34,485) square feet of floor area and four (19) dwelling units;
and
WHEREAS, the City recognized the Assignment of Development Rights prepared on
November 9, 2011 as described as "Exhibit A "; and
WHEREAS, the City has received written and notarized Indemnification Agreement
from Gilco Realty, LC. a/k/a 18555 Developers, LLC and Fort Apache Marina, LLC as described
as "Exhibit B."
Gilco Realty, LC TDR Bank Page 1 of 3
WHEREAS, the property receiving the TDRS is described as follows:
Parcel 1. All of Tract "L" less the south 200 feet thereof and less the north 100 feet thereof, of
AMENDED Plat of North Biscayne Beach, PB 44 Page 42. 2.21 acres (96,162 sq ft)
WHEREAS, the City Commission agrees to authorize the transfer of the TDRs
contemplated herein in accordance with its transfer of development rights ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and are
incorporated herein by reference as if they are fully set forth herein.
Section 2. Authorizing the Transfer of Development Rights. Pursuant to Section 265 -23 of
the City Code and in accordance with Zoning Resolution No. I l -Z- I;z the City Commission
hereby authorizes the transfer of the development rights in the amount of 34,485 square feet of
floor area and 19 dwelling units to Gilco Realty, LC. a/k/a 18555 Developers, LLC from the TDR
sub - account of Fort Apache Marina, LLC.
Section 3. Directive to Zoning Administrator. The Zoning Administrator or designee is
hereby directed to transfer the development rights from TDR Bank to Gilco Realty, LC. a/k/a
18555 Developers, LLC, in accordance with Zoning Resolution No. Il Z-IZ3.
Section 4. Consent to Transfer from Sub -Bank Accounts. The consent to transfer TDRs from
the account owned by Fort Apache Marina, LLC in the Porto Bellagio Sub Bank reflected in the
Assignment of Development Rights.
Section 5. Authority of the City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 6. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 17 day of November, 2011.
No/man S. Edelcup, Mayor
ATTEST:
� 4 a4��
Jane A. Hines, City Clerk
Gilco Realty, LC TDR Bank Page 2 of 3
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Vote: �-b
S TO FORM
tYfICIENCY:
City Attorney
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
Gilco Realty, LC TDR Bank Page 3 of 3
Moved by:
Seconded by: An G&=()
/(Yes)
(No)
Yes)
(No)
✓(Yes)
(No)
✓(Yes)
(No)
✓Yes)
(No)
Prepared by:
Warren Jay Stamm, Esq.
18001 Collins Avenue, 3151 Floor
Sunny Isles Beach, FL 33160
(305) 932 -1000
ASSIGNMENT OF TRANSFER OF DEVELOPMENT RIGHTS
KNOW ALL MEN BY THESE PRESENTS, the Fort Apache Marina, LLC, a
Florida limited liability company ( "Fort Apache" or Assignor "), for and in consideration
of the sum of Ten and No /100 ($10.00) Dollars, and other good and valuable
consideration, paid, received from, and on behalf of 18555 Developers, 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 34,485 square feet of Transfer of Development Rights ( "TDRs ") and
19 corresponding units held in an account designed for and held for Fort Apache, with the
City of Sunny Isles Beach, Florida.
WHEREFORE, Fort Apache has on deposit in a TDR Bank with City of Sunny
Isles Beach, Florida, the amount of 34,485 square feet of TDRs and 19 corresponding
units in an account for the benefit of Fort Apache 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. The above recitals are true and correct and are hereby incorporated by
reference herein.
2. Fort Apache upon execution of this Assignment, hereby assigns and transfer
34,485 square feet of TDRs and 19 corresponding units to Assignee, its heirs,
successors, or agents.
TO HAVE AN 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 Development Rights to, be executed by its duly authorized representative freely
and voluntarily on this . L-41 day of �j/ , 2011.
(See Separate Signature Pages)
Witnessed:
--I o,ma-'e.1 Pend
Print Name:ne: ti-' J r3
STATE OF FLORIDA )
:SS.
COUNTY OF MIAMI DADE )
ASSIGNOR:
FORT APACHE MARINA, LLC, a
Florida limited liability company
By: tc-A�to•
Alf d R. Chouinard, Managing
Member
The for goi g instrument was acknowledged before me this �'� day
o �, 201
f� 1, by Alfred R. Chouinard, Managing Member of Fort
Apache Marina, LLC, a; orida limi e 1-abili om )any who is personally known to
me or who has produced � LJ as identification and who did
take an oath.
?oti?RY P(� GLINDA S ALARIO
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EXPIRES August 03, 2012
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?oti?RY P(� GLINDA S ALARIO
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Witnessed:
Print
Print Name:--t!14\c -, 1 -V .V �'`'
STATE OF FLORIDA )
:SS.
COUNTY OF MIAMI DADE )
ASSIGNEE:
18555 D
limited I
By: ( /-' "
Gil Dezer, Managing Member
The fi of instrument was acknowledged before me this C � day
of.' OIT�� 2011, by Gil Dezer, Managing Member of 18555 Developers,
LZC, a Flbr'da limited liability Ico y o is personally known to me or who has
produced �V: C� �a identification and who did take an oath.
l _ r
T BLIC
GL.INDA S /VLARIO
,g MY COMMISSION # DD809504
EXPIRES August 03, 2012
(407) 398 -0153 Florida NotaryService.com
INDEMNIFICATION AGREEMENT
This Indemnification Agreement dated this L7 fI day of 1� 1 2011, by
Fort Apache Marina, LLC, a Florida limited liability company ( "Fort Apache "), and
18555 Developers, LLC, a Florida limited liability company ( "18555 ") in favor of the
City of Sunny Isles Beach, Florida (the "City ").
WITNESSETH:
WHEREAS, Fort Apache has assigned to 18555 the 34,485 sq. ft. of Transfer of
Development Rights ( "TDR's ") and 19 corresponding units held in an account designated
and held for the benefit of Fort Apache with the City; and
WHEREAS, Fort Apache and 18555 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:
1. The above recitals are true and correct and are incorporated herein.
2. Fort Apache has assigned to 18555 the 34,485 sq. ft. of TDR's and 19
corresponding units which are held in an account for the benefit of Fort Apache
with the City.
3. Fort Apache and 18555 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 of the transfer of the TDR's from Fort Apache to 18555.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year first above written.
(See Separate Signature Pages)
1 #4--)
Witnessed: If ASSIGNOR:
FORT APACHE MARINA, LLC,
Florida limited liability company
By:
Print Name:(;' A(- `1 i J i ed R. dhouinard, Managing
Member
STATE OF FLORIDA )
:SS.
COUNTY OF MIAMI DADE )
The fo egoing instrument was acknowledged before me this day
o 2011, by Alfred R. Chouinard, Managing Member of Fort
A ache Marina, LLC, a rida i e l a 'lity Mmiddntification is personally known to
me or who has produced Q and who did
take an oath.
i
C
LINDA S ALARM
E398-0 �I" COMMISSION # DD803504 EXRIRES August 03, 2012 Floritlakotaryservlce.com
2
Witnessed:
Print
Print Dame:
Iri
STATE OF FLORIDA )
:SS.
COUNTY OF MIAMI DADE )
ASSIGNEE:
18555 DE EI
Limited iabill
By. \.
, Managing Member
Florida
Th foe i instrument was acknowledged before me this day
of V� 2011, by Gil Dezer, Managing Member of 18555 Developers,
LL , a Fl ida limit d 11� ility co y� o is personally known to me or who has
produced C� a is
and who did take an oath.
OT R P BLIC
E398-01 GLINDA S ALARIO
COMMISSION # DD80 °504
XPIRES August 03, 2012
ioridallotaryService. cam
3
MEMORANDUM
To: The Honorable Mayor and City Commission
Via: Alan J. Cohen, City Manager
From: Claudia Hasbun, Planner
Date: November 17, 2011
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Issac Aelion, Commissioner
Jeanette Gatto, Commissioner
George "Bud" Scholl, Commissioner
Alan J. Cohen, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
Re: Porsche Design /Fort Apache Marina, LLC. Transfer Development Rights
RECOMMENDATION
It is recommended that the City Commission adopt the attached resolution.
REASONS
Under Resolution No. 2005 -784, adopted April 14, 2005, the City Commission designated the
Tract "B" of Porto Bellagio, LLC as a sending site for purposes of transferring TDRs. Described
as a private TDR Sub -Bank account for the purpose of transferring such right to receiving sites in
the future, currently owned by Fort Apache Marina, LLC in the amount 34,485 square feet and
19 dwelling units.
Gilco Realty, LC a/k/a 18555 Developers LLC developers for the "Porsche Design Residences"
located at 18555 Collins Avenue is requesting that the City authorizes the transfer of the
approved development rights under City Resolution 2005 -784 from TDR Sub -Bank Fort Apache
Marina, LLC to Porsche Design Residences.
Agenda Item 1 o K
Date I1 -11— I 1