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HomeMy WebLinkAboutR-11-0193City of Miami Legislation Resolution: R-11-0193 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00339 Final Action Date: 5/12/2011 A RESOLUTION OF THE MIAMI CITY COMMISSION 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 A FORM ACCEPTABLE TO THE CITY ATTORNEY. 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: 2) Printed On: 10/6/2017 File Number: 11-00339 Enactment Number: R-11-0193 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 a form acceptable to the City Attorney. Section 5. 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: 11-00339 (Version: 2) Printed On: 10/6/2017