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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00339 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RESCINDING RESOLUTION NO. 09-0022, ADOPTED JANUARY 15, 2009,
RELATING TO THE CONVEYANCE OF THE CITY OF MIAMI ("CITY") OWNED
PARCELS OF LAND LOCATED AT 400-420 SOUTHWEST 8TH AVENUE, AND 430
SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN
EXHIBIT "A", ATTACHED AND INCORPORATED, COMMONLY KNOWN AS THE
TEATRO MARTI PROPERTY ("PROPERTY") AND RESOLUTION NO. 09-0089,
ADOPTED FEBRUARY 26, 2009, RELATING TO THE ASSIGNMENT OF THE
PURCHASE AND SALE AGREEMENT WITH BISCAYNE HOUSING GROUP, LLC,
A FLORIDA LIMITED LIABILITY COMPANY TO TEATRO MARTI APARTMENTS,
LLC.; AUTHORIZING THE CONVEYANCE OF THE PROPERTY TO THE CITY OF
MIAMI FROM TEATRO MARTI APARTMENTS AND THE EXECUTION OF A NEW
50 YEAR LAND LEASE FOR THE DEVELOPMENT OF A MIXED USE,
TWENTY-SEVEN (27) UNIT ELDERLY RENTAL HOUSING PROJECT; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE 50 YEAR LAND LEASE,
IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE.
WHEREAS, pursuant to Resolution No. 09-0022, adopted January 15, 2009, the Miami City
Commission approved the conveyance of City of Miami ("City") owned parcels of land located at
400-420 Southwest 8th Avenue, and 430 Southwest 8th Avenue, Miami, Florida, legally described in
Exhibit "A", attached and incorporated, commonly known as the Teatro Marti Property to Biscayne
Housing Group, LLC, a Florida limited liability company ("Developer"), for the development of a mixed
use, twenty-seven (27) unit elderly rental housing project ("Project"); and
WHEREAS, pursuant to Resolution No. 09-0089, adopted February 26, 2009, the Miami City
Commission approved the assignment of the Purchase and Sale Agreement with the Developer to
Teatro Marti Apartments LLC ("Teatro Marti"), a separate legal entity organized by the Developer for
the development of the Project; and
WHEREAS, on October 26, 2009, a City Deed was executed conveying the Property to Teatro
Marti, subject to certain restrictions and reverter provisions; and
WHEREAS, it is the intent of the Developer and the City's Department of Community
Development to jointly revise the Project as a fifty (50) year land lease between the City and Teatro
Marti for the construction of a twenty-seven (27) unit elderly rental housing project; and
WHEREAS, the City Administration recommends rescinding Resolution No. 09-0022, adopted
January 15, 2009, and Resolution No. 09-0089, adopted February 26, 2009, authorizing the
conveyance of the Property to the City from Teatro Marti and the execution of a new fifty (50) year land
lease for the development of a mixed use, twenty-seven (27) unit elderly rental housing project;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miami Page 1 of 2 File Id: 11-00339 (Version: 11 Printed On: 5/2/2011
File Number. 11-00339
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 Resolution No. 09-0022, adopted January 15, 2009, relating to the conveyance of
the Teatro Marti Property and Resolution No. 09-0089, adopted February 26, 2009, relating to the
assignment of the Purchase and Sale Agreement with the Developer to Teatro Marti, are rescinded.
Section 3. The conveyance of the Property to the City from Teatro Marti and the execution of a
new fifty (50) year land lease for the development of a mixed use, twenty-seven (27) unit elderly rental
housing is authorized.
Section 4. The City Manager is authorized {1} to execute the 50 Year Land Lease, in
substantially the attached form, for said purpose.
Section 5. 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
City of Miami Page 2 of 2 File Id: 11-00339 (Version: 1) Printed On: 5/2/2011