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HomeMy WebLinkAboutReso 2012-1858CFN 201480080022 OR Bk 29013 Pss 1250 - 1251; (lass) �p p RECORDED 01/31/2014 14:30:32 RESOLUTION NO. 2012 - 1 Q�p HARVEY RUVIN? CLERK OF COURT MIAMI -DADE COUNTYY FLORIDA A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REMOVING THE USE RESTRICTION IMPOSED ON CERTAIN TRANSFER OF DEVELOPMENT RIGHTS ( "TDRs ") OWNED BY JERRY'S FAMOUS DELI, INC. ( "JERRY'S "); APPROVING THE ASSIGNMENT OF 2,644 SQUARE FEET OF TDRs TO ABUS, LLC ( "ABUS "); PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR A REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City`) created a sub bank account for Jerry's Famous Deli. Inc. ("Jerry's") pursuant to Resolution No. 2006 -1016; and WHEREAS, the sub bank account for Jerrv's currently has 101,640 square feet and 56 units of TDRs; and WHEREAS, the TDRs owned by Jerry's are required to be used strictly in conjunction with an approved site plan on the west side of Collins Avenue; and WHEREAS, the City Commission wishes to remove the use restriction imposed on 2,644 square feet of TDRs from the total of 101,640 square feet of TDRs owned by Jerry's provided that a transfer fee is paid to the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Deleting Restriction on Use TDRs. The City Commission hereby removes the use restriction imposed on 2,644 square feet of TDRs from the total amount of TDRs owned by Jerry's Famous Deli, Inc. in accordance with Resolution No 2006 -1016 ('Resolution'). Section 2. Approving of Assignment. The City hereby approves the assignment of 2,644 square feet of TDRs and two (2) units from Jerrv's Famous Deli, Inc. to Abus, LLC ( "Abus :) a copy of the assignment is attached. Section 3. Transfer Fee. As a condition precedent of deleting the use restriction and the assignment, Abus shall pay the City a $17.50 per square feet transfer fee for removal of the use restriction on the 2644 square feet of TDRs assigned by Jerry's to Abus pursuant to Section 265- 23 (G) of the City Code. The transfer fee of $46,270.00 is based on the ownership of 2,644 square feet of TDRs assigned by Jerry's to Abus. The $46,270.00 shall be paid within three (3) business days of approval of this Resolution. FILIAP OR BK 29'013 PG 1251 LAST PAGE Section 4. Authoritv of City Manager and the Citv Attorney. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 5. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this II I;A- day of February; 2012. ATTEST: .Jane A. Hines; CMC, City Clerk TO FORM Attorney Vote: 5 _b Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl r1 1021" Mrman S. E'Idelcup, Mayo/ Moved by: Seconded by: by: Cowm\"&tba4.R tt4_60rn) _ jZYes) _(No) (Yes) _(No) _(Yes) (No) N ( Yes) (No) Yes) (No)