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<br />Summary Minutes: Special City Commission Meeting <br /> <br />October 4,2011 <br /> <br />Sunny Isles Beach, Florida <br /> <br />Gil Dezer said what they are proposing is clean, simple, easy, it takes away all the problems <br />that you could potentially have, it gives you a net present value, well in excess of what you <br />would get over this 25-year term. Instead of us leasing or using the equity of the project to go <br />ahead and finance it, they are prepared to buy it, specifically because he lives across the street, <br />his office is in the hotel right now and we need office space ourselves. We feel there is a need <br />for office space in Sunny Isles Beach, they have had similar discussions with different health <br />care organizations that want to come in and do surgery centers and things of that nature, and <br />to also enhance and give ourselves a proper medical facility here within Sunny Isles Beach. <br />The idea of a car museum they had four years ago is out but they will still do a restaurant! <br />retail situation there similar to Tony Roma's hopefully on a higher scale. They still have a <br />real workable set of plans that can be built, and if you add up the payments of how it works, <br />our $7 Million is half a million shy of their overall number but at the same time it is today, <br />and it is in your hands, and it is guaranteed. The potential problems that may come up once <br />the guy builds the building, sells the unit, has a mortgage, and then the association for some <br />reason, because it would have to be the association making the land payment and for whatever <br />reason, we have seen a foreclosure mess going on right now, and if that would strike again, it <br />would be the City losing that income, and going through evictions, etc. The idea is that they <br />will go ahead with the site plan approval mirroring the same exact timeframe that they had in <br />their Letter ofIntent, that is where they came up with this, they have decided to seal the deal <br />that the Commission already likes and make it better, and the only way to make it better is <br />taking out all of the uncertainty. <br /> <br />Jay Steinman, representing the Weintraub Companies, said he wanted to point out that the <br />Letter of Intent does prohibit the City from dealing with the other party during negotiation <br />rounds. He said Commissioner Scholl was right, they came in and restructured this deal in a <br />fashion that would allow the City to own the improvements. They have no right to own those <br />improvements until such time as they require the fee from the City. Basically the City has <br />very low risk, they have deposit money that is nonrefundable, the developer goes in and builds <br />the project, the developer defaults, the City owns the project. That is the way many projects <br />have been financed all over the County, all over the State, some major projects through <br />ground leases, you should not be afraid of the risk. There is no subordination, there is no <br />financing, you will not have to deal with another lender that is financing the construction. <br />They have committed to financing this project from their own investor equity. <br /> <br />Avi Weintraub said that the City signed a 30-year lease in 2008 with the Dezers, in 2009 they <br />came back and asked for an extension and nothing ever happened. That property was to build <br />gross 248,000 square feet but he is building 140,000 square feet, they were providing 189 <br />parking spaces and that lease requires the City to go out and buy land somewhere nearby to <br />add spaces ifthey need it. By his calculations in his size building you need 400 spaces and so <br />you are going to have to buy land somewhere else and so that $7 Million is going to cost the <br />City a lot more later on. His project is $7.5 Million but they are paying the City including <br />interest $11.2 Million over the term. Another point is that Dezer could not get construction <br />financing, and Weintruab will be putting up the money her~, the City will have $3 Million in <br />their pocket. They are doing it the same way they did another building, they will get <br />investors, that is the way real estate is done, you get investors, you start a building, and you <br />build it. The risk is minimal, what they are going to do is to put improvements on this <br /> <br />6 <br />