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CFN 201480080022 <br />OR Bk 29013 Pss 1250 - 1251; (lass) <br />�p p RECORDED 01/31/2014 14:30:32 <br />RESOLUTION NO. 2012 - 1 Q�p HARVEY RUVIN? CLERK OF COURT <br />MIAMI -DADE COUNTYY FLORIDA <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY <br />OF SUNNY ISLES BEACH, FLORIDA, REMOVING THE USE <br />RESTRICTION IMPOSED ON CERTAIN TRANSFER OF <br />DEVELOPMENT RIGHTS ( "TDRs ") OWNED BY JERRY'S <br />FAMOUS DELI, INC. ( "JERRY'S "); APPROVING THE <br />ASSIGNMENT OF 2,644 SQUARE FEET OF TDRs TO ABUS, <br />LLC ( "ABUS "); PROVIDING THE CITY MANAGER AND THE <br />CITY ATTORNEY WITH THE AUTHORITY TO DO ALL <br />THINGS NECESSARY TO EFFECTUATE THIS <br />RESOLUTION; PROVIDING FOR A REPEALER; PROVIDING <br />FOR AN EFFECTIVE DATE. <br />WHEREAS, the City of Sunny Isles Beach (the "City`) created a sub bank account for <br />Jerry's Famous Deli. Inc. ("Jerry's") pursuant to Resolution No. 2006 -1016; and <br />WHEREAS, the sub bank account for Jerrv's currently has 101,640 square feet and 56 <br />units of TDRs; and <br />WHEREAS, the TDRs owned by Jerry's are required to be used strictly in conjunction <br />with an approved site plan on the west side of Collins Avenue; and <br />WHEREAS, the City Commission wishes to remove the use restriction imposed on <br />2,644 square feet of TDRs from the total of 101,640 square feet of TDRs owned by Jerry's <br />provided that a transfer fee is paid to the City. <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY <br />OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br />Section 1. Deleting Restriction on Use TDRs. The City Commission hereby removes the use <br />restriction imposed on 2,644 square feet of TDRs from the total amount of TDRs owned by <br />Jerry's Famous Deli, Inc. in accordance with Resolution No 2006 -1016 ('Resolution'). <br />Section 2. Approving of Assignment. The City hereby approves the assignment of 2,644 <br />square feet of TDRs and two (2) units from Jerrv's Famous Deli, Inc. to Abus, LLC ( "Abus :) a <br />copy of the assignment is attached. <br />Section 3. Transfer Fee. As a condition precedent of deleting the use restriction and the <br />assignment, Abus shall pay the City a $17.50 per square feet transfer fee for removal of the use <br />restriction on the 2644 square feet of TDRs assigned by Jerry's to Abus pursuant to Section 265- <br />23 (G) of the City Code. The transfer fee of $46,270.00 is based on the ownership of 2,644 <br />square feet of TDRs assigned by Jerry's to Abus. The $46,270.00 shall be paid within three (3) <br />business days of approval of this Resolution. <br />FILIAP <br />