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<br />RESOLUTION NO. 2005-~/" <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, ACCEPTING A <br />DONATION BY PORTO BELLLAGIO PARTNERS, LLC OF <br />50% OF THE TRANSFERABLE DEVELOPMENT RIGHTS <br />AVAILABLE TO PORTO BELLAGIO PARTNERS LLC <br />PURSUANT TO RESOLUTION NO. 2005-755 TO THE CITY <br />AND AUTHORIZING TRANSFER; PROVIDING FOR <br />RECORDATION OF SUCH DOCUMENTATION; <br />PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, on January13, 2005, the City Commission accepted the conveyance <br />of approximately 2.417 acres of real property owned by Porto Bellagio Partners, LLC <br />("Applicant") known as Tract "D"; and severed the TDRs therefrom with instructions to <br />staff to deposit same in Porto Bellagio Partners, LLC Bank in accordance with Resolution <br />2005-755; and <br /> <br />WHEREAS, Porto Bellagio Partners, LLC at that meeting proffered a donation <br />of 50% of the TDRs available to it for its own use to be deposited in the City's TDR <br />account and 50% to its own account in the TDR Bank; and <br /> <br />WHEREAS, Resolution 2005-755 which authorized this TDR transaction did not <br />acknowledge the Applicant's proffer or the City's acceptance of same; and <br /> <br />WHEREAS, the City Commission must accept that donation by formal <br />resolution and so authorize staff to make such transfer. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION <br />OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Incorporation of Recitals. The recitals contained in this resolution are <br />incorporated herein by reference. <br /> <br />Section 2. Accepting the Donation of and Authorizing the Deposit of 50% of <br />Transferable of Development Rights from Applicant to the City. The City hereby accepts <br />the proffer of, and authorizes the transfer and deposit of 50% of the transferable <br />development rights available to Applicant by virtue of Resolution 2005-755 to the account <br />of the City. The City shall record whatever documentation that may be necessary to reflect <br />same. <br />