Loading...
HomeMy WebLinkAboutReso 2012-1989RESOLUTION NO. 2012 - I9?f9 CFN 2014ROOBOOI9 OR Bk 24013 Pes 1240 - 1242; (3p3s) RECORDED 01/31/2014 14 :30:32 HARVEY RUVINr CLERK OF COURT NIANI -DADE COUNTYi FLORIDA A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE TRANSFER AND ASSIGNMENT OF DEVELOPMENT RIGHTS ( "TDRS ") IN THE AMOUNT OF FIFTY EIGHT THOUSAND FIVE HUNDRED (58,500) SQUARE FEET OF FLOOR AREA AND THIRTY (30) DWELLING UNITS FROM RK ASSOCIATES VIII, INC TDR BANK ACCOUNT TO PALERMO BEACH, LLC; AUTHORIZING THE ASSIGMENT OF TDRS IN THE AMOUNT OF FIFTY ONE THOUSAND TWO HUNDRED EIGHTY SEVEN (51,287) OF FLOOR AREA AND TWENTY SEVEN (27) DWELLING UNITS FOR THE RECEIVING SITE LOCATED AT 17141 COLLINS AVENUE; DIRECTING THE ZONING ADMINISTRATOR OR DESIGNEE TO TRANSFER THE TDRS FROM THE BANK ACCOUNT IN ACCORDANCE WITH ZONING RESOLUTION MO. 12 -Z -132; AUTHORIZING THE ADJUSTMENT AND MODIFICATION OF THE TDR BANK ACCOUNT; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Resolution No. 2009 -1479, adopted September 17, 2009, the City Commission approved the creation of the RK Associates VIII, Inc. ( "RK Associates ") TDR bank account designated as part of the sale and purchase of 151 Sunny Isles Boulevard , in the amount 58,500 square feet and 30 dwelling units; and WHEREAS, RK Associates has transferred and assigned 58,500 square feet and 30 dwelling units of TDRS to Palermo Beach, LLC (`Applicant ") for use in its development project commonly called Unique project. and WHEREAS, by Zoning Resolution No. 12 -Z -132, adopted November 15, 2012, the City Commission approved the zoning application submitted by the Applicant and approved the utilization of TDRS in the amount of 51,287 square feet of floor area and 27 dwelling units; and WHEREAS, the private TDR Bank balance will be adjusted to reflect the transfer and assignment of TDRS to the Applicant in accordance to Zoning Resolution No. 12 -Z -132, and this Resolution. WHEREAS, the property receiving the TDRS is described as follows: Parcel 1. Portion of Govt. Lot 6 The North 100 Feet of the South 300 Feet of Lot 2, Tatum's Ocean Park Subdivision, according to the Plat thereof, as recorded in Plat Book 10, Page 64, of the Public Records of Miami -Dade County, Florida, lying East of the East Right -Of -Way line of State Road A -1 -A. (17141 Collins Avenue) Transfer & _Assignment Palermo Beach, LLC (Unique) TDR Bank Page 1 of 3 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 and Assignment of Development Rights. Pursuant to Section 265 -23 of the City Code and in accordance with Zoning Resolution No. 12 -Z -132, the City Commission hereby authorizes the transfer and assignment of the development rights in the amount of 58,500 square feet of floor area and 30 dwelling units to Palermo Beach, LLC. from the TDR account of R.K. Associates VIII, Inc, pursuant to the attached assignment documents. The City Commission further authorizes the assignment of fifty one thousand two hundred eighty seven (51,287) square feet of floor area and twenty (27) dwelling units to Palermo Beach, LLC for the development project called Unique. Section 3. Directive to Zoning Administrator. The Zoning Administrator or designee is hereby directed to transfer the development rights from TDR Bank of Palermo Beach, LLC., in the amount of 51,287 square feet of floor area and 27 dwelling units pursuant to zoning Resolution No. 12 -Z -132. Additionally, the City Commission directs the Zoning Administrator to create a private TDR bank account in favor of Palermo Beach, LLC to hold the amount of 7,213 square feet of floor area and 3 dwelling units. Section 4. Adjustment to TDR Bank. The Zoning Administrator is hereby instructed to make the necessary adjustments to the TDR bank account owned by R.K. Associates VIII, Inc., to reflect the transfer of fifty eight thousand five hundred (58,500) square feet of floor area and thirty (30) dwelling units. The Zoning Administrator is hereby instructed to make the necessary adjustments to the TDR bank account owned by Palermo Beach, LLC to reflect the reduction of fifty one thousand two hundred eighty seven (51,287) square feet of floor area and twenty seven (27) dwelling units. Section 5. Authority of the City Manage. 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 15 day of ATTEST: - Jane A. Hines;-City Qllerkk Transfer & Assignment Palermo Beach, LLC (Unique) TDR Bank Page 2 of 3 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Attorney Vote: S -0 OR BK 24013 PG 1242 LAST PAGE Moved by: /(� c�vwL\A:nVEQ Icy-\o►3 l Seconded by: ny .� < C FAO LL Mayor Edelcup V (Yes) (No) Vice Mayor Thaler _/(Yes) _(No) Commissioner Aelion v/ (Yes) _(No) Commissioner Gatto (Yes) _(No) Commissioner Scholl (Yes) (No) Transfer & .Assignment Palermo Beach, LLC (Unique) TDR Bank Page 3 of 3 'rDR 2011 C11 City Use Only Date Received— ____.v_ . Date Issued Resolution (:zz'01-z- 1q). a 990, v,P SF � +FL01i s C'rY OF SUN PLO APPLICATION FORM TRANSFER OF DEVELOPMENT RIGHTS PROGRAM CERTIFICATE I. APPLICANT INFORMATION Palermo Beach, LLC ECEE y D OCT 2 6 29 p ANNING & ZONING DEPT. Clerk of Court Use Only djs @serberlaw-firm.com PHONE 305 - 932 -6262 E -MAIL FAX ADDRESS 2875 N.E. 191 Street, Suite 801 CITY AND STATE Aventura, FL ZIP CODE 33180 11. RECEIVER SITE INFORMATION AS APPLICABLE OWNERS NAME Palermo Beach, LLC PHONE 305- 932 -6262 E-MAIL dj s @serberlawfiWom ADDRESS 2875 N.E. 191 Street, Suite 801 CITY AND STATE Aventura, FL ZIP CODE 33180 PROPERTY ADDRF;SS /LOCATION 17141 Collins Avenue LEGAL DESCRIPTION See Attached POLIO NUMBER 31 -221 1- 004 -0110 CURRENT ZONING MU -R PROPERTY SIZE .85 Acres PURCHASE DATE March 15, 2012 City of Sunny Isles Beach I Planning and Zoning Department TDR 2011 CH EXISTING USE OF PROPERTY Vacant EXISTING STRUCTURE ON PROPERTY PROPOSED FLOOR AREA RATIO 4.60 DENSITY 64 PERCENTAGE OF RIGHTS TO BE IZE:CEIVED 23% SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVEll 51_,-2-87 DWELLING UNITS TO BE RECEIVED 20 TOTAL FLOOR AREA RATIO INCLUDING TDR 5.98 "TOTAL DWELLING UNITS INCLUDING TDR 6-4 III. SENDING SITE INFORMATION OWNERS NAME RK Associates VIII, Inc. and Ranaan Katz PHONE-305-949-41 10 E -MAIL. FAX 305 - 948 -3410 ADDRESS 17100 Collins Avenue, Suite 225 CITY AND STATE Sunny Isles Beach, FL ZIP CODE 33160 PROPERTY ADDRESS /LOCA "LION 151 Sunny Isles Blvd. LEGAL DESCRIPTION 2nd Rev Bella Vista pB So, page 76 Lots 2,3 4 FOLIO NUMBER 31- 2214- 007 -0030 CURRENT ZONING TCD PROPERTY SIZ,F, 60,000 PURCHASE-'DATE Donation EXISTING USE OF PROPERTY Vacant EXISTING STRUCTURES ON PROPERTY Vacant BASE FLOOR AREA RATIO PERMITTED 2.5 UNITS PERMITTED 30 SQUARE FOOTAGE OF FLOOR AREA TRANSFERRED TO TDR BANK 58.500 DWELLING UNITS TRANFERED TO TDR BANK 30 City of Sunny Isles Beach 2 Planning and Zoning Department 7 D 2011 CH IV. APPRAISAL INFORMATION - AS APPLICABLE [APPRAISER MUST BE APPROVED BY THE CITY] NA N/A PHONE E -MAIL F ADDRESS CITY AND STATE DATE OF APPRAISAL APPRAISAL VALUE OF SITE CODE V. TITLE COMPANY INFORMATION AS APPLICABLE ITITLE COMPANY MUST BE APPROVED BY CITY] A COMMITMENT OF TITLE INSURANCE FOR A FORM "B" MUST BE SUPPLIED BY THE SENDING SITE APPLICANT AS PART OF A COMPLETE APPLICATION NAME OF TI'T'LE COMPANY ADDRESS PHONE E -MAIL F VI. SURVEY COMPANY INFORMATION NAME OF SURVEYOR ADDRESS N/A PHONE E -MAIL FAX VII. PROPERTY OWNER CERTIFICATION NAME OF COMPANY ADDRESS PHONE E -MAI N/A VIII. OUTDOOR CODE VIOLATIONS, AS APPLICABLE :.,..._w... _ ....... , . _ n —i g... _.. —_., ...... City of Sunny Isles Beach 3 Planning and Zoning Department TDR 20110 1 (PROVIDE CERTIFICATION FROM CITY'S CHIEF CODE INSPECTOR) N/A IX. CERTIFICATION OF RESOLUTION FOR YOUR PROPERTY AND INCLUDING ADJACENT LOTS X. PROPERTY OWNER CERTIFICATION AND ACKNOWLEDGEMENT I HEREBY CERTIFY THAT 1) THE INFORMATION FURNISHED ON THIS APPLICATION AND THE ATTACHEMNfS ARE TRUE 2) I AM THE OWNER OF RECORD OF -1.144 PROPERTY DESCRIBED IN SECTION (II) (111) (circle applicable number). 3) IF THE APPLICATION, AS MODIFIED OR AMENDED DURING THE REVIEW AND APPROVAL PROCESS, IS GRANTED, I AGREE, IN CONS IDEI ATION THEREFORE, TO INDEMNIFY AND HOLD HARMLESS, AND PROMISE NOT TO SUE, THE CITY OF SUNNY ISLES BEACH, INCLUDING ITS OFFICERS AND EMPLOYEES, IN CONNECTION WITH ANY CLAIMS OR OTHER ACTIONS ARISING OUT OF SAID REVIEW AND APPROVAL. 4) I HEREBY ACKNOWLEDGE AND AGREE THAT IF THE PROPERTY IS APPROVED AS A SENDER SITE, IT SHALL BE CONVEYED TO THE CITY AS VACANT PROPERTY WITHOUT ANY STRUCTURES LOCATED THEREON, UNLESS OTHERWISE AAPROVED BY THE CITY MANAGER. THE REMOVAL OF STRUCTURES FROM THE SITE SHALL BE AT NO COST TO THE CITY, 5) 1 HEREBY ACKNOWLEDGE AND AGREE THAT, AT THE EXPIRATION OF THE FIVE YEAR PERIOD COMMENCING WITH THE DATE OF THE CITY COMMISSION APPROVAL OF THE PROPERTY AS A SENDER SITE, ANY UNUSED DEVELOPEMNT RIGHTS TRANSFERRED FROM THE SENDER SITE SHALL EXPIRE, TERMINATE AND BECOME EXTINGUISHF�-P UNUSABLE. /g2Vi2 SIGNATfJRE OF ER (APPLICANT) DATE SIGNATURE OF CO -OWNER (CO- APPLICANT) DATE STATE OF FLORIDA City of Sunny Isles Beach 4 Planning and Zoning Department me 2011 ('ii COUNTY OF MIAMI -DADE U c The foregoing instrument was acknowledged before me this day o C) i a 20 , by Ty (c-Z- on behalfof Yclzemv 1Je,A, LL-G a Florida (corporation) (partnership) (other) He /She is personally known to me or has produced (type of identification produced) as identification and did take an oath. My Commission Expires: NOTARY pUBLICSTATE OF FLORIDA Tatiana J Barrera Commission #DD842214 Expires: DEC-02,2011 uNLLD MU ATIMMBONDING CO., INC. STATE OF FLORIDA COUNTY OF MIAMI -DADE ublic St of Florida Y � Name: G�f-�- The foregoing instrument was acknowledged before me this, on behalf of 20 , by produced and did take an oath. My Commission Expires: day of a Florida (corporation) (partnership) (other) fle /She is personally known to me or has produced —Atype of identification produced) as identification Notary Public, State of Florida at Large Print Name: Ciky of Sunny Isles Beach 5 Planning and Zoning Department Len[ Dessripflon of the Prone THE NORTR 100 FEET OF THE SOUTH 300 W OF LOT 2, TATUM'S OCEAN PARK SUBDIVISION, ACCORM TO M PLAT MMOF, AS RECORDED IN PLAT BOOK 10, PAGE 64, OF TEE PUBLIC RECORDSOFMI .UDADBCOU1V"1'Y,FLORIDA,LMGFAST OF THE EAST RIGHT -OF WAY M 0FS'tAT9 ROAD A -1•A INDEMNIFICATION & HOLD HARMLESS This Indemnification and Hold Harmless Agreement dated this /,q day of #0 v, 2012 is given by Palermo Beach LLC, a Florida limited liability company ( "Palermo ") in favor of the City of Sunny Isles Beach, Florida (the "City "). WHEREAS, Ranaan Katz and RK Associates VIII, Inc.( "RK "), have agreed to assign to Palermo 58,500 sq. ft. and 30 corresponding units of Transfer Development Rights (the "TDR's ") in an account designated and held for the benefit of RK with the City; and WHEREAS, Palermo has agreed to indemnity 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, Palermo and RK agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. RK has agreed to assign to Palermo the TDR's which are held in an account for the benefit of RK with the City. 3. Palermo agrees and does hereby indemnify and hold harmless the City from any liability as to any claims that may arise between Palermo and RK or between RK and the City or any private parties as a result of the transfer of the TDR's from RK to Palermo. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. (See Separate Signature Pages) Witnessed: Signature AAA I ex, �• Print Name Co'" kn .4ttf3»AW11 Print Name STATE OF FLORIDA ss: COUNTY OF MIAMI -DADE ASSIGNEE: SWORN TO AND SUBSCRIBE before me this /, day 41 C.41s W2%Q as ew t4q Palermo is personally known to me or (__) has produced identification. if WO V , 2012, by Beach, LLC, who (t� as Notary Public 4. L M. FIAT (SEAL) ` MYCOMMISS►pN# 165572 •� BM&d P►RES: M rch 26 2016 My Commission Expires: TM�a °al�u�aee� My Commission Number: QUITCLAIM ASSIGNMENT OF TRANSFER OF DEVELOPMENT RIGHTS THIS QUITCLAIM ASSIGNMENT OF TRANSFER OF DEVELOPMENT RIGHTS ("Assignment' is entered into this day of Z v 1- 2012, by RK Associates Vill, Inc. and Florida corporation and Ranaan Katz (colll�tively,� "SELLER "), in favor of Palermo Beach, LLC, a Florida limited liability company ("BUYER "). BACKGROUND WHEREAS, SELLER and BUYER entered into a TRANSFER OF DEVELOPMENT RIGHTS AGREEMENT dated July 2n3" 2012 (the "Purchase Agreement") whereby SELLER has agreed to transfer its interest in certain development rights in Sunny Isles Beach, Florida, Miami -Dade County, Florida, as more particularly described and evidenced by the Memorandum dated August 5, 2009 from Hans Ottinot, City Attorney for Sunny Isles, a copy of which is attached and incorporated in Exhibit A (the '71311 Units"). WITNESSETH: NOW THEREFORE, for and in consideration of these premises and for other good and valuable Consideration, the receipt and sufficiency of which are hereby acknowledged, SELLER does hereby assign, grant, bargain and convey the TDR Units to BUYER `AS IS," VMERE IS" and `WITH ALL FAULTS," without any express or implied representations or warranties whatsoever being made by SELLER and without recourse of any type whatsoever against SELLER. SELLER hereby further expressly disclaims any express or implied representations or warranties of any type whatsoever with respect to the TDR Units, including any with respect to the quality, legal status, value, utility or potential of the TDR Units, or any other matter or thing affecting or relating to the TDR Units or this Assignment (including warranties of merchantability and or a fitness for a particular purpose) which might be pertinent in considering whether to take assignment of the TDR Units, and BUYER hereby acknowledges that SELLER has not made, and BUYER has not relied upon, any such representations or warranties. This Assignment shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors in interest and assigns. This Assignment shall be governed by and construed in accordance with the laws of the State of Florida. This Assignment may be executed in counterparts, including facsimile counterparts, each of which will be deemed to be an original and all of which are one and the same assignment, but all of which shall together constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this Assignment by facsimile transmission shall be effective delivery of a manually executed counterpart of this Assignment. IN WITNESS WHEREOF, this Assignment is executed as of the date first above written. Signed, Sealed and Delivered, in the presence of. C( - (Sig t �) / Print am (Signature) (Print Name) 171295 - # 772598 vl Seiler: RKAssociates Vill, Inc., a Florida corporation Ranaan Katz, as President Ranaan Katz, individually I I . On this a day of ' 2012, before me a Notary Public, personally appeared Ranaan Katz, individually and as Preside ht of RK Associates Vlll, Inc., a Florida corporation, who Is personally known to me , who acknowledged the foregoing instrument on behalf of the company. 171295 - # 772598 v1 • � Y Notary Public \ / + 1 Name: Anne- marl e V a- r IQ Commission No.: Expiration Date: I D! 15 1 15 %r cyr sv= To: City of Sunny Isles Basich 18070 Collins Avenue Sunny isles Beach, Florida 33160 1 Pq 947 -OW City Hall (305) M 1 S65 FIX (305) 447 -2I SO Building Department MEMORANDUM Hans Ottinot, City Attorney City cmMinfan Norse s. EdelwR M*w tarok J. Thaler„ Vxw l rjw ROBIP Bre►iM C.aWWA*w► Gerry Goodman Cmaimma Gtap "Bad" schall, Coeahiadawr luck Conner, CIV MW W Rana Mot COVA f n ey Jane A. Hiam City Ctnk From: Jorge L Vera, Assistant City Manager/ Service Division Date: August 5, 2009 rU" Re: TDR Bank The attached domment is the new Transfer of Development Rights account for R. K Associates VIII, Inc. / Ranaan Katz created per Resolution 2009 -1453. The account has 58,500 square feet and 30 units of development rights. r UM 1 b 9 w 0 a a M tr cc .Q w N O u v u D; I Preview Page 1 of 2 fh1 'A'r ♦0` yqt I TO IL Cfrt Di 64H MAO TO: FROM: 1174y" 1:409 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 VIA: Christopher Russo, City Manager FROM: Claudia Hasbun, City Planner 11/15/2012 Unique - Palermo Beach, LLC 17141 Collins Avenue Appl. No. Z2012 -14 (TDRs) RECOMMENDATION: Staff has no objection to the TDRs assignment provided that all conditions for the Site Plan are satisfied. REASONS: The Applicant has acquired 58,500 square feet and 30 dwelling units of private TDRs from the private TDR bank owned by RK Associates VIII, Inc. Consequently, the Applicant is requesting to approve the utilization of private TDRs in the amount of 51,287 square feet of development rights and 27 dwelling units in accordance to Zoning Resolution No. , and this Resolution. Additionally, staff, if directed by the City Commission, will create a private TDR bank account in favor of Palermo Beach, LLC to hold the amount of 7,213 square feet of floor area and 3 dwelling units. ATTACHMENTS: http: / /sibagenda. sibfl.netlagendalPreview. aspx ?ItemID= 920 &MeetingID= O &MeetingDate... 11/9/2012 Preview Unique TDR Resolution TRD Application Page 2 of 2 http: / /sibagenda. sibfl. netlagendalPreview.aspx ?ItemID= 920 &MeetingID= O &MeetingDate... 11/9/2012