HomeMy WebLinkAboutR-07-0588City of Miami
Legislation
Resolution: R-07-0588
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01210 Final Action Date: 10/11/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AT
THE REQUEST OF WAGNER SQUARE LLC, AUTHORIZING WAGNER SQUARE
LLC, TO REALLOCATE THE RESIDENTIAL UNITS TO BE BUILT BY WAGNER
SQUARE LLC, IN EACH RESIDENTIAL TOWER, HOWEVER MAINTAINING THE
TOTAL REQUIRED 48 WORKFORCE AND 56 AFFORDABLE HOUSING UNITS ON
THE PROPERTY FORMERLY KNOWN AS THE CIVIC CENTER SITE, LOCATED AT
1700 NORTHWEST 14TH AVENUE, MIAMI, FLORIDA, TO MEET SITE PLAN
REQUIREMENTS, WITH THE FIRST PHASE HAVING AT LEAST 56 UNITS,
CONSISTING OF AT LEAST 28 WORKFORCE AND 28 AFFORDABLE HOUSING
UNITS AND THE SECOND PHASE HAVING AT LEAST 48 UNITS, CONSISTING OF
AT LEAST 28 AFFORDABLE HOUSING UNITS AND 20 WORKFORCE UNITS;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDED
DECLARATION OF RESTRICTIONS, AND SECOND AMENDED DECLARATION OF
RESTRICTIONS AND REVERTER, IN SUBSTANTIALLY THE ATTACHED FORMS,
TO EVIDENCE THE FOREGOING AUTHORIZATION AND TO EXECUTE SUCH
OTHER DOCUMENTS AS MAY BE REQUIRED FOR IMPLEMENTATION OF THIS
RESOLUTION.
WHEREAS, on March 10, 2005, the City of Miami ("City") conveyed to Wagner Square, LLC
("Wagner"), the property known as the Civic Center Site, located at 1700 Northwest 14th Avenue,
Miami, Florida ("Property"), pursuant to a Purchase and Sale Agreement dated May 30, 2003, as
amended ("Agreement"); and
WHEREAS, a specific part of the consideration for the City's entering into the Agreement, was
Wagner's representation that it would build two (2) residential towers on the Property, with each tower
to contain 99 units, and at least 74 of which would be sold predominantly as affordable housing units;
and
WHEREAS, as required in the Agreement, simultaneously with the conveyance of the Property to
Wagner, Wagner executed a Declaration of Restrictions, recorded March 22, 2005, in Official
Records Book 23191, Pages 1541-1546 of the Public Records of Miami -Dade County, Florida, to
assure, among other things, that at least 74 of the 99 units in each residential tower shall be sold
predominantly as affordable housing units; and
WHEREAS, in 2005, due to significant increases in construction costs since May 30, 2003,
Wagner requested the City's permission to reduce the number of affordable housing units from 74 to
52, that included 24 units as workforce housing and 28 units as affordable housing; and
WHEREAS, pursuant to Resolution No. 05-0736, adopted December 15, 2005, the City
authorized Wagner's request and consented to the execution of an Amended Declaration of
Restrictions to evidence the reduction in the number of required affordable housing units; and
City of Miami
Page 1 of 3 File Id: 07-01210 (Version: 1) Printed On: 4/17/2017
File Number: 07-01210 Enactment Number: R-07-0588
WHEREAS, in 2007, due to market conditions, Wagner requested to eliminate the 47 market rate
housing units, but maintain the required 24 workforce housing units and 28 affordable housing units
in each residential tower; and
WHEREAS, the United States Department of Housing and Urban Development ("HUD")
confirmed through correspondence that it had no objection to the modifications; and
WHEREAS, Wagner requested for HUD's consideration and for the City's consent to establish the
date of commencement of construction of the first residential tower as June 10, 2008, and to allow
the Commercial Component to consist of a minimum of, rather than "approximately," 108,000 square
feet of commercial space, thereby requiring an amendment to the Declaration of Restrictions and
Reverter dated Match 10, 2005, recorded March 22, 2005 in Official Records Book 23191, Page 1536
of the Public Records of Miami -Dade County, Florida; and
WHEREAS, pursuant to Resolution No. 07-0147, adopted March 8, 2007, the City authorized
Wagner's request and consented to the execution of an Amended Declaration of Restrictions to
evidence the elimination of market rate units, establishing the date of commencement of construction
and square footage of the commercial space; and
WHEREAS, due to site plan requirements, Wagner has requested to reallocate the total
residential units to be built by Wagner in each residential tower, with the first residential Phase having
at least 56 units consisting of at least 28 workforce and 28 affordable housing units and the second
residential Phase having at least 48 units consisting of at least 28 affordable units and 20 workforce
housing units, however maintaining the total required 48 workforce housing units and 56 affordable
housing units in both Phases;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Wagner is authorized to reallocate the total residential units to be built by Wagner in
each residential tower, with the first residential Phase having at least 56 units, consisting of at least
28 workforce and 28 affordable housing units and the second residential Phase having at least 48
units, consisting of at least 28 affordable units and 20 workforce housing units, however maintaining
the total required 48 workforce housing units and 56 affordable housing units in both Phases.
Section 3. The City Manager is authorized{1} to execute the Third Amended Declaration of
Restrictions and the Second Amended Declaration of Restrictions and Reverter, in substantially the
attached forms, to implement the foregoing, and to execute such other documents as may be
required for implementation of this Resolution.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
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File Number: 07-01210 Enactment Number: R-07-0588
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 (10) 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.
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