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City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00630
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AT
THE REQUEST OF WAGNER SQUARE LLC, AUTHORIZING THE EXTENSION
OF THE CURRENT COMMENCEMENT OF CONSTRUCTION DATE OF JUNE 10,
2008 BY NINETY DAYS TO SEPTEMBER 8, 2008; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE THIRD AMENDED DECLARATION OF
RESTRICTIONS AND REVERTER, IN SUBSTANTIALLY THE ATTACHED FORM,
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
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
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File Number 08-00630
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 granted
Wagner's request and authorized an amendment to the Amended Declaration of Restrictions to
evidence the elimination of market rate units and to establish June 10, 2008, as the date of
commencement of construction; and
WHEREAS, pursuant to Resolution No. 07-0588, adopted October 11, 2007, the City authorized
Wagner's request 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;
WHEREAS, Wagner has requested that the date to commence construction be extended for
ninety days from June 10, 2008 to September 8, 2008 in order to meet all the requirements outlined in
the Second Amended Declaration of Restrictions and Reverter;
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's request for a ninety day extension to commence construction from June 10,
2008 to September 8, 2008, in order to meet all the requirements outlined in the Second Amended
Declaration of Restrictions and Reverter, is hereby granted.
Section 3. The City Manager is authorized{1} to execute the Third Amended Declaration of
Restrictions and Reverter, in substantially the attached form, to extend the commencement date of
construction to September 8, 2008, 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}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE Q
CITY ATTORNEY (A
City of Miami
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File Number:08-00630
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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