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HomeMy WebLinkAboutR-06-0733City of Miami Legislation Resolution: R-06-0733 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-02177 Final Action Date: 12/14/2006 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 delays 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 1 of 2 File Id: 06-02177 (Version: 11 Printed On: 3/6/2017 File Number: 06-02177 Enactment Number: R-06-0733 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 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} 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: 06-02177 (Version: 11 Printed On: 3/6/2017