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Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00441 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3, 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 UNTIL JUNE 30, 2008,
AN EXTENSION OF THE DEADLINE FOR THE SALE OF ALL PROJECT
RESIDENTIAL CONDOMINIUM UNITS UNTIL JUNE 30, 2010, A THIRTY (30)
YEAR COVENANT PERIOD FOR TWENTY-FIVE (25) OF THE PROJECT UNITS,
AND SUCH OTHER TERMS AS PROVIDED IN THE ATTACHED AMENDMENT
AND COVENANT.
WHEREAS, the City of Miami ("City") entered into an Agreement (the "Agreement") with Flagler
First Condominiums, LLC (the "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 Tess than ninety (90) affordable residential condominium units and
approximately 7,000 square feet of retail space (the "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 hurricane/wind load and fire code
requirements, which 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, for the aforesaid reasons the Developer requested an additional extension until June
30, 2007 in order to complete construction of the building, and obtain its certificate of occupancy, and
City of Miami Page 1 of 2 Printed On: 4/15/2008
File Number: 08-00441
was granted the extension by Resolution No. 06-0733, adopted December 14, 2006; and
WHEREAS, the Developer has experienced further delays, which have resulted in a delay in the
completion of the project; and
WHEREAS, for the aforesaid reasons the Developer has requested an extension until June 30,
2008 for the receipt of Project certificates of occupancy and until June 30, 2010 for the sale of all of
the Project's residential condominium units;
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 City Manager is authorized{1 } to execute Amendment No. 3, in substantially the
attached form, to the Agreement with the Developer relating to the Project, providing an extension until
June 30, 2008 for the receipt of Project certificates of occupancy, until June 30, 2010 for the sale of all
of the Project's residential condominium units, a thirty (30) year covenant period for twenty-five (25) of
the Project units, and such other terms as provided in the attached Amendment and Declaration of
Restrictive Covenants.
Section 3. 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.
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Printed On: 4/15/2008