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Home My WebLink AboutMemo-Scrivener's Error;CITY OF MIAMI OFFICE OF THE CITY ATTORNEY 1► fel [ij:7:��1110151 TO: Priscilla A. Thompson, City Clerk FROM: Julie O. Bru, City Attorney DATE: April 27, 2010 RE: Scrivener's Error- Resolution No. 09-0089, adopted February 26, 2009 File No. 09-00173 Scrivener's errors appear in Resolution No. 09-0089, adopted February 26, 2009, in the title, body and in Section 2. Two conditions were placed together in "(ii)" and the words "is authorized", were placed before "(iii)", instead of after all the conditions. Certain other drafting revisions were made to correct the document. For example, the name of the entity listed was "Teatro Marti Apartment, LLC" and it has been corrected to "Teatro Marti Apartments, LLC". The attached resolution has also been corrected to show the conditions as "(i)" through "(iv)", and Legistar has been updated. c: Carlos Migoya, City Manager George Mensah, Director, Community Development Ilene Temchin, Assistant City Attorney Attachment(s) (xj-001 7 -- Me rO 0 - SC rr Vt ne r 1S Error N u, C= C-) o sn=` r cn N Z (xj-001 7 -- Me rO 0 - SC rr Vt ne r 1S Error 0 OF City of Miami Y f - ; ° Legislation Resolution: R-09-0089 File Number: 09-00173 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:2/26/2009 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING (1) 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 THE CITY OF MIAMI OWNED 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, FOR THE DEVELOPMENT OF A MIXED-USE, ELDERLY HOUSING RENTAL PROJECT; (11) THE EXTENSION OF THE CONSTRUCTION COMMENCEMENT DATE FROM OCTOBER 1, 2009 TO OCTOBER 31, 2009, FOR THE CONSTRUCTION OF A MINIMUM OF TWENTY-FIVE (25) UNITS; (111) IN THE EVENT THAT THE PROJECT 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; AND (IV) ALL OTHER CONDITIONS AND RESTRICTIONS AS INDICATED ON EXHIBIT "B", ATTACHED AND INCORPORATED; 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 housing rental 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 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 City of Miami Page I of 2 File Id. 09-00173 (Version: 1) Printed On: 9/26/2010 File Number: 09-00173 Enactment Number: R-09-0089 development of a mixed-use, elderly housing rental project; (ii) the extension of the construction commencement date from October 1, 2009 to October 31, 2009, for the construction of a minimum of twenty-five (25) units; (iii) in the event that the Project 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; and (iv) 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 Miami City Commission authorizes the following: (i) 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 a mixed-use, elderly housing rental project; (ii) the extension of the construction commencement date from October 1, 2009 to October 31, 2009, for the construction of a minimum of twenty-five (25) units; (iii) in the event that the Project 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, and (iv) 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 ATTORNE 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 Miami Page 2 of 2 File Id: 09-00173 (Version: 1) Printed On: 4/26/2010 EXHIBIT A Property Description • 400-420 SW 8`' Avenue Lots 1, 2, and 3 in Block "U" of Riverview, according to Plat thereof, as recorded in Plat Book 5, at Page 43, of the Public records of Miami -Dade County, Florida • 430 SW St` Avenue Lot 16 of Carolina Court, according to the Plat thereof, as recorded in Plat Book 15, at Page 56, of the Public Records of Miami -Dade County, Florida 18 EXHIBIT B Performance Requirement and Restrictions* The following Performance Requirements will apply to the Project to be developed on the City -owned properties located at 400-420 Southwest 8m Avenue, and 430 Southwest 81h Avenue, Miami, Florida; Property Conveyance 1. The construction of the Project must commence by October 31, 2009 for the construction of a minimum of 25 units and in the event that the developer is awarded funding from Miami Dade County and/or tax credits the commencement date for construction will be extended to June 30,2010 for the construction of seventy (70) units. The project must be completed (all units constructed, issued Certificates of Occupancy, and leased to eligible tenants) within (30) thirty months from the date of conveyance. Project Restrictions: 1. A minimum of twenty-five (25) rental units to be constructed on the Property. 2. Rental units will be geared towards elderly residents with incomes at or below sixty (60) percent of Area Median Income. 3. The development will include an outdoor park -like pavilion/green space and on indoor building community room dedicated to the memory and memorabilia of the former Teatro Marti on that site. 4. The Affordability Period for all affordable housing units shall be thirty (30) years. 5. The City's loan shall be secured by a Mortgage and Declaration of Restrictive Covenants, and such other documents as the City may deem necessary for this purpose. 6. Any developer mortgages on the parcel will be subject to approval by the City of Miami, Department of Community Development. 7. The Closing of this Purchase and Sale Agreement will take place simultaneously with Closing of the construction financing. 8. All necessary permits needed to construct the unit(s) must be provided to the Department of Community Development prior to the Closing. 9. Evidence of the financial commitments from the lender(s) for full project financing must be provided to the Department of Community Development prior to the Closing. 19