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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-02177 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN
SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT WITH
FLAGLER FIRST CONDOMINIUMS, LLC, RELATING TO THE REDEVELOPMENT
OF AN AFFORDABLE HOUSING CONDOMINIUM PROJECT KNOWN AS.
FLAGLER FIRST CONDOMINIUM, LOCATED AT 101 EAST FLAGLER STREET,
MIAMI, FLORIDA ("PROJECT"), PROVIDING AN EXTENSION OF THE DEADLINE
FOR THE RECEIPT OF CERTIFICATES OF OCCUPANCY AND THE SALE OF
EIGHTY-ONE (81) OF THE PROJECT'S RESIDENTIAL CONDOMINIUM UNITS,
UNTIL JUNE 30, 2007.
WHEREAS, the City of Miami ("City") entered into an Agreement ("Agreement") with Flagler First
Condominiums, LLC ("Developer"), relating to the redevelopment of an affordable housing
condominium project, known as Flagler First Condominium, located at 101 East Flagler Street, Miami,
Florida, to consist of no less than ninety (90) affordable residential condominium units and
approximately 7,000 square feet of retail space ("Project"); and
WHEREAS, in accordance with the Agreement the Developer was required to obtain certificates of
occupancy for the Project and sell eighty-one (81) of the Project's residential condominium units by
June 23, 2005; and
WHEREAS, the Developer experienced delay§ beyond its reasonable control in conducting
extensive structural testing as required by the City (including complete asbestos abatement), in
vacating tenants and in bringing the building's premises to current hurricane/wind load and fire code
requirements, which has resulted in a delay in the completion of the plans not initially contemplated by
the Developer; and
WHEREAS, for the aforesaid reasons the Developer requested an extension until December 23,
2006 for the receipt of Project certificates of occupancy and the sale of eighty-one (81) of the Project's
residential condominium units, and was granted the extension by Resolution No. 05-0371, adopted
June 9, 2005; and
WHEREAS, the Developer experienced unexpected further delays due to further structural work
required, hurricane preparations in 2005, sidewalk construction taking place on Flagler Street causing
significant delays in the construction, and the difficulties associated with this site without the use of a
staging area; and
WHEREAS, the Developer is requesting an additional extension until June 30, 2007, in order to
comply with the City's requirements, complete construction of the building, and obtain its Certificate of
Occupancy;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miami
Page I of 2 Printed On: II/30/2006
File Number: 06-02177
FLORI DA:
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 City Manager is authorized{1 } to execute Amendment No. 2, in substantially the
attached form, to the Agreement with the Developer, relating to the Project, to provide an extension for
the receipt of Project certificates of occupancy, and the sale of eighty-one (81) of the Project's
residential condominium units (in accordance with stated requirements), until June 30, 2007.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
RGEL."E"```'EZ
CITY ATTO ' NE
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 Printed On: 11/30/2006