HomeMy WebLinkAboutLegislationFile Number: 09-00173
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING (i) THE ASSIGNMENT OF THE PURCHASE AND SALE
AGREEMENT WITH BISCAYNE HOUSING GROUP, LLC, A FLORIDA LIMITED
LIABILITY COMPANY, (THE "DEVELOPER"), PURSUANT TO RESOLUTION NO.
09-0022, ADOPTED JANUARY 15, 2009, FOR CITY OF MIAMI OWNED REAL
PROPERTY LOCATED AT 400-420 SOUTHWEST 8TH AVENUE AND 430
SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN
EXHIBIT "A", ATTACHED AND INCORPORATED, TO TEATRO MARTI
APARTMENTS, LLC., A NEWLY FORMED ENTITY; (ii) THE EXTENSION OF THE
CONSTRUCTION COMMENCEMENT DATE FROM OCTOBER 1, 2009 TO
OCTOBER 31, 2009, FOR THE DEVELOPMENT OF A MINIMUM OF
TWENTY-FIVE (25) UNITS; IN THE EVENT THAT DEVELOPER IS SUCCESSFUL
IN OBTAINING FUNDING FROM MIAMI-DADE COUNTY AND/OR IS AWARDED
TAX CREDITS FROM FLORIDA HOUSING FINANCE CORPORATION, THE
CONSTRUCTION COMMENCEMENT DATE WILL BE EXTENDED TO JUNE 30,
2010, FOR THE DEVELOPMENT OF A SEVENTY (70) UNIT MIXED-USE,
ELDERLY RENTAL HOUSING PROJECT; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID
PURPOSE.
WHEREAS, On October 21, 2008, Biscayne Housing Group, LLC (the "Developer") submitted an
Affordable Housing Development Proposal to the City of Miami (the "City") for the development of a
mixed-use affordable rental development for the elderly (the "Project") on the City -owned properties
located at 400-420 Southwest 8th Avenue and 430 Southwest 8th Avenue, Miami, Florida, as legally
described on Exhibit "A", attached and incorporated (jointly referred to as the "Property"); and
WHEREAS, the Developer is a for-profit limited liability company formed on September 1, 2004
to develop affordable housing; and
WHEREAS, pursuant to Resolution No. 09-0022, adopted January 15, 2009, the Miami City
Commission authorized the conveyance of the City -owned parcel of land located at 400-420
Southwest 8th Avenue and 430 Southwest 8th Avenue, Miami, Florida, commonly known as Teatro
Marti Property, to the Developer for the development of a mixed-use, elderly rental housing project;
and
WHEREAS, the Developer has created a separate legal entity for the development of the Project
known as Teatro Marti Apartments, LLC.; and
WHEREAS, the Administration recommends the following: (i) that the City authorize the
City of Miami Page I of 2 Printed On: 2/1812009
City of Miami
Legislation
Resolution
File Number: 09-00173
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING (i) THE ASSIGNMENT OF THE PURCHASE AND SALE
AGREEMENT WITH BISCAYNE HOUSING GROUP, LLC, A FLORIDA LIMITED
LIABILITY COMPANY, (THE "DEVELOPER"), PURSUANT TO RESOLUTION NO.
09-0022, ADOPTED JANUARY 15, 2009, FOR CITY OF MIAMI OWNED REAL
PROPERTY LOCATED AT 400-420 SOUTHWEST 8TH AVENUE AND 430
SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN
EXHIBIT "A", ATTACHED AND INCORPORATED, TO TEATRO MARTI
APARTMENTS, LLC., A NEWLY FORMED ENTITY; (ii) THE EXTENSION OF THE
CONSTRUCTION COMMENCEMENT DATE FROM OCTOBER 1, 2009 TO
OCTOBER 31, 2009, FOR THE DEVELOPMENT OF A MINIMUM OF
TWENTY-FIVE (25) UNITS; IN THE EVENT THAT DEVELOPER IS SUCCESSFUL
IN OBTAINING FUNDING FROM MIAMI-DADE COUNTY AND/OR IS AWARDED
TAX CREDITS FROM FLORIDA HOUSING FINANCE CORPORATION, THE
CONSTRUCTION COMMENCEMENT DATE WILL BE EXTENDED TO JUNE 30,
2010, FOR THE DEVELOPMENT OF A SEVENTY (70) UNIT MIXED-USE,
ELDERLY RENTAL HOUSING PROJECT; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID
PURPOSE.
WHEREAS, On October 21, 2008, Biscayne Housing Group, LLC (the "Developer") submitted an
Affordable Housing Development Proposal to the City of Miami (the "City") for the development of a
mixed-use affordable rental development for the elderly (the "Project") on the City -owned properties
located at 400-420 Southwest 8th Avenue and 430 Southwest 8th Avenue, Miami, Florida, as legally
described on Exhibit "A", attached and incorporated (jointly referred to as the "Property"); and
WHEREAS, the Developer is a for-profit limited liability company formed on September 1, 2004
to develop affordable housing; and
WHEREAS, pursuant to Resolution No. 09-0022, adopted January 15, 2009, the Miami City
Commission authorized the conveyance of the City -owned parcel of land located at 400-420
Southwest 8th Avenue and 430 Southwest 8th Avenue, Miami, Florida, commonly known as Teatro
Marti Property, to the Developer for the development of a mixed-use, elderly rental housing project;
and
WHEREAS, the Developer has created a separate legal entity for the development of the Project
known as Teatro Marti Apartments, LLC.; and
WHEREAS, the Administration recommends the following: (i) that the City authorize the
City of Miami Page I of 2 Printed On: 2/1812009
File Number: 09-00173
assignment of the Purchase and Sale Agreement with the Developer, pursuant to Resolution No. 09-
0022, to Teatro Marti Apartment, LLC, a newly formed entity, for the development of mixed-use
housing, elderly rental project; (ii) the extension of construction commencement date from October 1,
2009 to October 31, 2009, for the construction of a minimum of twenty-five (25) units; and in the event
that the Developer is awarded funding from Miami -Dade County and/or tax credits from Florida
Housing Finance Corporation, the construction commencement date will be extended to June 30, 2010
for the construction of a seventy (70) unit project;(iii) all other conditions and restrictions as indicated
on Exhibit "B", attached and incorporated;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The assignment of the Purchase and Sale Agreement with the Developer, pursuant
to Resolution No. 09-0022, adopted January 15, 2009, to Teatro Marti Apartments, LLC., a newly
formed entity, for the development of mixed-use housing, elderly rental project; (ii) the extension of
construction commencement date from October 1, 2009 to October 31, 2009, for the construction of a
minimum of twenty-five (25) units; and in the event that the Developer is awarded funding from
Miami -Dade County and/or Florida Housing Finance Corporation tax credits, the construction
commencement date will be extended to June 30,2010 for the construction of a seventy (70) unit
project, is authorized; and (iii) all other conditions and restrictions as indicated on Exhibit "B", attached
and incorporated.
Section 3. The City Manager is authorized{1) to execute the necessary documents for said
purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2)
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miand Page 2 of 2 Printed On: 2/18/2009