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HomeMy WebLinkAboutReso 2012-1909RESOLUTION NO. 2012 - 19 09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE ASSIGNMENT OF TRANSFER OF DEVELOPMENT RIGHTS ( "TDRs ") FOR 127,737 SQUARE FEET AND 50 RESIDENTIAL UNITS FROM SUNNY ISLES PROPERTY HOLDINGS, LLC ( "SIPH ") TO SUNNY ISLES BEACH ASSOCIATES, LLC ( "SIBA "); 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, SIPH currently owns 127,737 square feet of TDRs and 50 corresponding residential units on deposit in a TDR Bank with the City of Sunny Isles Beach (the "City "); and WHEREAS, on April 13, 2012, SIPH entered into as assignment of TDRs with SIBA, wherein SIPH assigned and transferred 127,737 square feet of TDRs and 50 corresponding residential units held in the account designed for and held for SIPH to SIBA as assignee; and WHEREAS, SIPH has agreed to waive any claims against the City arising as a result of the transfer of TDRs from SIPH to SIBA; and WHEREAS, SIBA has agreed to indemnify and hold harmless the City from any liability as to any claims that may arise between SIBA and SIPH or any private parties as a result of the transfer of TDRs from SIPH to SIBA. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving of f Assignment. The City Commission hereby approves the assignment of 127,737 square feet of TDRs and 50 corresponding residential units from SIPH to SIBA, a copy of which is attached hereto as Exhibit "A ". The City's Planning and Zoning Administrator shall establish a TDR bank account in the amount of 127,737 square feet of TDRs with 50 corresponding residential units for SIBA. 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. Page 1 of 2 PASSED AND ADOPTED this 104 day of May, 2012. Norman Sjtdelcup, Mayor ATTEST: � N. Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LE G41, SUFFICIENCY: a inot, Ci Attorney / Moved by: l (Q, Vote: &0 Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl Page 2 of 2 ✓ (Yes) ✓(Yes) ✓(Yes) Yes) _(Yes) Seconded by: L. r4wM&SIDV3 Gltl'TO _(No) (No) (No) _(No) _(No) WEISS SEI?OTA HELFMAN PASTOBIZA COLE & BONISKE, P.L. MITCHELL BIERMAN, P.A. ATTORNEYS AT LAW LILLIAN M. ARANGO NINA L. BON ISKE. P.A. A PROFESSIONAL LIMITED LIABILITY COMPANY SARA E. AULISIO MITCHELL J. BU RNSTEIN, P.A. BROOKE P. DOLARA JAMIE ALAN COLE. P.A. INCLUDING PROFESSIONAL ASSOCIATIONS RAOUEL ELEJABARRIETA STEPHEN J. HELFMAN, P.A. MIAMI -DADS OFFICE CHAD S. FRIEDMAN GILBERTO PASTORIZA, P.A. OLIVER GILBERT' MICHAEL S. POPOK, P.A. 2525 PONCE DE LEON BOULEVARD ERIC P. HOCHMAN JOSEPH H. SEROTA, P.A. SUITE ]00 HARLENE SILVERN KENNEDY' SUSAN L. TREVARTHEN, P.A. KAREN LIESERMAN' RICHARD JAY WEISS, P.A. CORAL GABLES, FLORIDA 33134 JOHANNA M. LUNDOREN DAVID M. WOLPIN, P.A. ALEIDA MARTINEZ MOLINA' KATHRYN M. MEHAFFEY TELEPHONE 305 - 854-0800 MATTHEW PEARL DANIEL L. ABBOTT GARY L. BROWN FACSIMILE 305-854 -2323 TIMOTHY M. RAVICH' JONATHAN M. COHEN WWW.WSH-LAW.COM AMY J. IGNACIO G. DEL VALLE DANIEL A. EL A. SEI JEFFREY D. DECARLO BROWARD OFFICE GAIL O. ROTA' ALAN L. GABRIEL JONATHAN AN C. C. S HAM RLS DOUGLAS R. GONZALES 200 EAST SROWARO BOULEVARD SUITE 1900 EBTRELLITA S. 5161E-0 EDWARD G. GUEDES FORT LAUDERDALE, FLORIDA 33301 ALISON F. SMITH JOSHUA 0. KRUT TELEPHONE 954763 -4242 • FACSIMILE 954-764 -7770 ANTHONY C. SOROKA MATTHEW H. MANDEL EDUARDO M.SOTO ALEXANDER L. PALENZUELA -MAURI JOANNA 0. THOMSON ANTHONY L. RECIO 'OF COUNSEL MICHELLE D. VOS BRETT J. SCHNEIDER PETER D. WALDMAN' CLIFFORD A. SCHULMAN JAMES E. WHITE LAURA K. WENDELL April 25, 2012 SAMUEL 1. ZESKIND VIA E -MAIL & U.S. MAIL Hans Ottinot, City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Re: City Commission Approval of Assignment of Transferred Development Rights from Sunny Isles Property Holdings, LLC ( "SIPH ") to Sunny Isles Beach Associates, LLC ("SIBA ") For 16901 Collins Avenue Dear Mr. Ottinot: Pursuant to the provisions of Section 265 -23 of the Land Development Regulations of the City, SIBA hereby requests Commission approval of the assignment of the Transferred Development Rights for 127,737 square feet and 50 corresponding residential units from SIPH to SIBA. Enclosed, for your review, is a copy of the "Assignment of Transfer of Development Rights" and the "Indemnification Agreement" executed by both parties. Please advise when this matter will be heard by the Commission. If you have any further questions, please feel free to call. Very truly yours Clifford . Sch an CAS /msr 2312.001 Enclosures cc: John Kuhn, Esq. Mr. Eduardo Imery Prepared by: John M. Kuhn, Esquire Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, 23rd Floor Miami, Florida 33131 -3456 305 350 2389 ASSIGNMENT OF TRANSFER OF DEVELOPMENT RIGHTS KNOW ALL MEN BY THESE PRESENTS, that Sunny Isles Property Holdings, LLC, a Florida limited liability company ( "Assignor'D, 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 Sunny Isles Beach Associates, LLC, a Delaware limited liability company ( "Assignee'), its 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 Assignee 127,737 square feet of Transfer of Development Rights ( "TDRs ") and 50 corresponding units held in an account designed for and held for Assignor, with the City of Sunny Isles Beach, Florida. WHEREFORE, Assignor has on deposit in a TDR Bank with City of Sunny Isles Beach, Florida, the amount of 127,737 square feet of TDRs and 50 corresponding units in an account for the benefit of Assignor 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. Assignor upon execution of this Assignment, hereby assigns and transfers 127,737 square feet of TDRs and 50 corresponding units to Assignee, its heirs, successors, or agents. Assignee agrees that the Assignor's assignment of the TDRs is without recourse, representation or warranty, express or implicit. 3. The parties hereto agree to execute and deliver such other documents as are required by City of Sunny Isles Beach, Florida, to effectuate the transfer of the TDRs contemplated by this Assignment. TO HAVE 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 Development Rights to be executed by its duly authorized representative freely and voluntarily on this 16th day of April, 2012. (See Separate Signature Pages) MIAMI 3009735.2 7490537004 Witnessed: STATE OF FLORIDA SS ASSIGNOR: SUNNY ISLES PROPERTY HOLDINGS, LLC, a Florida liability corl7pan By: Name: X 4 . Title: A /1lLL�Q�I>oi^ COUNTY OF MIAMI -DADE jj��jj q The foregoing instrument was acknowledged before me this /? day of April, 2012 by gomgv .7U-D as /! d a �f of Sunny Isles Property Holdings, LLC, a Florida limited liability company, who is personal known tome or kas gFeduead d who did tt*e an oath. / No Public DAWN L NOSARIO Notary Public • State of Florida tea, My Comm. ExPtres Jun 2f, 2014 „<«:•�' Commission N DO 985902 MIAMI 3009735.2 7490537004 STATE OF FLORIDA :SS COUNTY OF MIAMI -DAD e re o' instr t wa ac ledged before me this 16th day of April, 2012 by Q t of Fortune International Management, Inc., a Florida co ration, as Manager of S BA Manager, LLC, a Florida limited liability comp , as Administrative Me ber of Sunny Isles Beach Associates, LLC, a Delaware limited liability compwho is personally known to me or who has produced as identificatl n and who did take an oath. MIAMI 3009735.2 7490537004 ASSIGNEE: SUNNY ISLES BEACH ASSOCIATES, LLC, a Delaware limited liability company By: SIBA MANAGER, LLC, a Florida limited liability company, as Administrative Member By: FORTUNE INTERNATIONAL MANAGEMENT, INN. a Florio Title: ,p'n" + >'a'es SUDIAN PFREZ 3 � • 'h'� Notary Pu611c • Stafe of FlaiOa ':'�•E MY Comm. Expires Mar 2, 2016 °'�. �a COmmioebn N EE 144600 �"� "'� fio00ed 1MOUyiNgional NOtuy assn, A /j INDEMNIFICATION AGREEMENT This Indemnification Agreement dated this 16th day of April, 2012, by Sunny Isles Property Holdings, LLC, a Florida limited liability company ( "SIPH "), and Sunny Isles Beach Associates, LLC, a Florida limited liability company ( "SIBA ") in favor of the City of Sunny Isles Beach, Florida (the "City "). WITNESSETH: WHEREAS, SIPH has assigned to SIBA the 127,737 sq. ft. of Transfer of Development Rights ( "TDR's ") and 50 corresponding units held in an account designated and held for the benefit of SIPH with the City; and WHEREAS, SIPH and SIBA 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: The above recitals are true and correct and are incorporated herein. 2. SIPH has assigned to SIBA the 127,737 sq. ft. of TDR's and 50 corresponding units which are held in an account for the benefit of SIPH with the City. 3. SIPH waives any claims against the City arising as a result of the transfer of the TDR's from SIPH to SIBA and SIBA agrees and does hereby indemnify and hold harmless the City from any liability as to any claims that may arise between SIBA and SIPH or any private parties as a result of the transfer of the TDR's from SIPH to SIBA. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. (See Separate Signature Pages) MIAMI 3009755.1 7490537004 MIA 182,479,619x2 4 -12 -12 Witnessed: ASSIGNOR: SUNNY ISLES PROPERTY HOLDINGS, LLC, G a Florida limi liability comp y .c Print Name: S By: 61 ^fie 4 Name: I A90 OF. %0_e&,W Title: 4- dw-'.Y' Print Name: C& ` STATE OF FLORIDA SS COUNTY OF MIAMI -DADE //�� The foregoing instrument was acknowledged before me this day of April, 2012 by _ 9164P,to 9. Taleod as CL /]d/,, n a4Pl" of Sunny Isles Property Holdings, LLC, a Florida limited liability company, who is personally known to me or-hasp duced ashk�o nn-and who didtt�an oaf' a ... Notary DAWN 7. ROSAJFJOrlda t Notary PebIle • State f M Comm. Expires Ju yCommisSlon N DD MIAMI 3009755.1 7490537004 MIA 182,479,619V2 4 -12 -12 Wit! Print Name: Eh s k Print Name: Tote,rr am Lai STATE OF FLORIDA SS COUNTY OF MIAMI -DADE ASSIGNEE: SUNNY ISLES BEACH ASSOCIATES, LLC, a Delaware limited liability company By: SIBA MANAGER, LLC, a Florida limited liability company, as Administrative Member By: FORTUNE INTERNATIONAL MANAGE MEN C an:; a Florida corporation a ager By: !� Name• AtLnq 'For r —a Title: Ja , 'C' Th ford oin i strument w s ackoo led d before me this 16th day of April, 2012 by _ as of Fortune International Management, Inc., a FI 1'da corporati n, as Manager of SIBA Manager, LLC, a Florida limited liability company, as A ministrative Member of Sunny Isles Beach Associates, LLC, a Delaware limited liability company, who is personally known to me or who hl as identification and who did take an oath. MIAMI 3009755.17490537004 Errorl Unknown document property name. 4,,,, SUDIAN PEREZ i' O i Notary Public • State of Florida _ My Comm. Expires Mar 2.2616 ;�d` Commission M EE 144666 °•',`,;;'OW Sorted Through National Nolaiy Aim Preview ay` Da L 4a� C,tr OI suN Apo TO: FROM: DATE: RE: Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax MEMORANDUM The Honorable Mayor and City Commission Hans Ottinot, City Attorney 5/10/2012 Assignment of TDRs from Sunny Isles Property Holdings, LLC ( "SIPH ") to Sunny Isles Beach Associates, LLC ( "SIBA ") RECOMMENDATION: It is recommended that the attached Resolution be approved. REASONS: Sunny Isles Property Holdings, LLC ( "SIPH ") currently owns 127,737 square feet of Transfer of Development Rights ( "TDRs ") along with 50 corresponding residential units. On April 13, 2012 SIPH entered into an agreement with Sunny Isles Beach Associates, LLC ( "SIBA ") to assign and transfer the 127,737 square feet and corresponding residential units to SIBA. SIPH has agreed to waive any claims against the City arising as a result of the transfer. In addition, SIBA has agreed to indemnify and hold harmless the City from any liability as to any claims that may arise between the two parties or any private parties as a result of this transfer. Please note that the assigned TDRs was part of the "Paramount" zoning approval. ATTACHMENTS: Resolution Approving the Assignment of TDRs from Sunny Isles Property Holdings, LLC ( "SIPH ") to Sunny Isles Beach Associates, LLC ( "SIBA ") Assignment of TDRs http: / /sibagenda. sibfl. net /agenda /Preview. aspx ?1temID= 794 &MeetingID= O &MeetingDate =... 5/4/2012 yF,9yJ -�0` 50P FLO C /rr OF SUN PLO City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947.0606 City Hall (305) 949-3 1 13 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax MEMORANDUM TO: Honorable Mayor and City Co mission FROM: Hans Ottinot, City Attorney DATE: May 10, 2012 City Commission Norman S. Edelcup, Mayor Lewis 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 RE: ASSIGNMENT OF TRANSFER OF DEVELOPMENT RIGHTS ( "TDRs ") FROM SUNNY ISLES PROPERTY HOLDINGS, LLC ( "SIPH ") TO SUNNY ISLES BEACH ASSOCIATES, LLC ( "SIBA ") RECOMMENDATION: It is recommended that the attached Resolution be approved. aff-1-11163 Sunny Isles Property Holdings, LLC ( "SIPH ") currently owns 127,737 square feet of Transfer Development Rights ( "TDRs ") along with 50 corresponding residential units. On April 13, 2012 SIPH entered into an agreement with Sunny Isles Beach Associates, LLC ( "SIBA ") to assign and transfer the 127,737 square feet and corresponding residential units to SIBA. SIPH has agreed to waive any claims against the City arising as a result of the transfer. In addition, SIBA has agreed to indemnify and hold harmless the City from any liability as to any claims that may arise between the two parties or any private parties as a result of this transfer. Please note that the assigned TDRs was part of the "Paramount" zoning approval.