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HomeMy WebLinkAboutReso 2012-1859 RESOLUTION NO. 2012 - \ ~ 59- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE ASSIGNMENT OF 2,644 SQUARE FEET OF TRANSFER OF DEVELOPMENT RIGHTS ("TDRs") FROM ABUS, LLC ("ABUS") TO CHATEAU BEACH, LLC ("CHATEAU"); 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, Abus, LLC currently owns 2,644 square feet of TDRs and 2 units in a TDR bank established by the City; and WHEREAS, on February 9, 2012, Abus entered into as assignment of transfer of development rights with Chateau Beach, LLC, wherein Abus assigned and transfened 2,644 square feet ofTDRs held in the account designed for and held for Abus to Chateau Beach, LLC as assignee; and WHEREAS, the City has reviewed the assignment of transfer of development rights agreement between Abus and Chateau and has no objection to the documentation or assignment of transfer of2,644 square feet ofTDRs to Chateau. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving of Assignment. The City hereby approves the assignment of2,644 square feet of TDRs and two (2) units from Abus to Chateau, a copy of the assignment agreement is attached hereto as Exhibit "A" The City shall establish a TDR bank account in the amount of2,644 square feet ofTDRs with 2 units for Chateau. Section 2. Authority of the 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 I {(>~ day of February, 2012. Page I of2 ATTEST: ~l\~ Jane A. Hines, CMC, City Clerk Vote: 6~ Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl -1L- (Yes) V (Yes) V (Yes) V (Yes) ~(Yes) Page 2 of2 Moved by: Seconded by: _(No) _(No) _(No) _(No) _(No) Co~ <&:.\4()LL c.~l'NN\\~~ 1~1'V'cXL ~ ~\() I\J TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33 160 (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 Jeannette Gatto, Commissioner George "Bud" Scholl, Commissioner Alan J. Cohen, City Manager Hans Ottinot, City Allorney Jane A. Hines, CMC, City Clerk MEMORANDUM The Honorable City Commissi~ V Hans Ottinot, City Attorney Lq>fU February 16,2012 Removal of Use Restriction and Assignment of TDRs Resolution Recommendation: This Resolution is presented for your consideration. Reasons: Abus, LLC ("Abus") has purchased 2,644 square feet of transfer of development rights ("TDR's") and two (2) units from Jerry's Famous Deli, Inc. ("Jerry's"). The TDRs owned by Jerry's is restricted to properties on the west side of Collins Avenue. Jerry's has requested the removal of the use restriction for just 2,644 square feet of TDRs from the total amount 101,640 TDRs owned by Jerry's. The use restriction will continue to apply to the remaining balance of TDRs owned by Jerry's. Additionally, Abus has assigned the TDRs to Chateau Beach, LLC. The City Commission is required to consent to the assignments. A ~~ -O/U Agenda Item \ [J Q Date 2 - \ L, - \ 2