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
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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.
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FROM:
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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
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