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WHEREAS,the City Commission agrees to authorize the donation and assignment of the <br /> TDRs contemplated herein as an incentive for development pursuant to its Charter and Home Rule <br /> Authority. <br /> NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br /> CITY OF SUNNY ISLES BEACH, FLORIDA,AS FOLLOWS: <br /> Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and are <br /> incorporated herein by reference as if they are fully set forth herein. <br /> Section 2. Authorizing the Donation of TDRs and Approving Assignment Agreement. The <br /> City Commission hereby approves a donation of Transfer of Development Rights ("TDRs") in the <br /> amount of Eighty Thousand (80,000) square feet of floor area and Thirty Eight(38) dwelling units <br /> into a Private TDR Bank account designated for RDR Seashore, LLC. The donation of the TDRs <br /> is conditional on the transfer of legal title for the land located at 15800 Collins Avenue, Sunny Isles <br /> Beach, Florida. The City Commission further approves assignment and hold harmless agreements <br /> between TRG Sunny Isles VII West, LLC and RDR Seashore, LLC. <br /> Section 3. Authorizing the Withdrawal and Assignment of TDRs. The City Commission <br /> hereby authorizes the Zoning Administrator to withdraw 80,000 square feet of floor area and 38 <br /> dwelling units from the private TDRs bank account designated for RDR Seashore, LLC and to <br /> assign 80,000 square feet of floor area and 5 dwelling units for the development project for the <br /> property located at 18975 Collins Avenue approved under Zoning Resolution No t5.z. i 5 If <br /> the development project is not approved,the Zoning Administrator is not required to withdraw and <br /> assign the aforementioned TDRs to the development project. The TDRs shall remain in the Private <br /> TDR Bank account created for RDR Seashore, LLC. <br /> Section 4. Directive to Zoning Administrator. The Zoning Administrator or their designee is <br /> hereby directed to adjust the Private TDR Bank account designated for RDR Seashore, LLC to <br /> reflect the withdrawal of TDRs in the amount of 80,000 square feet of floor area and 38 dwelling <br /> units according to Zoning Resolution No. 15-2 l 52, and to close the Private TDR Bank account <br /> designated for RDR Seashore, LLC. <br /> Section 5. Authority of the City Manager and City Attorney. The City Manager and City <br /> Attorney are hereby authorized to do all things necessary to effectuate this Resolution. <br /> Section 6. Effective Date. This Resolution shall become effective up+n adoption. <br /> PASSED AND ADOPTED this 16th day of April, 2015/ <br /> Georg H. Scholl, Mayor <br /> RDR Seashore LLC lDR Bank- 15800 Collins Ave. 4/8/2015 9:32 AM <br /> Page 2 of 3 <br />