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Resolution
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Drive
Miami, FL 33133
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File Number: 14-00045 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 5, TO THE
AGREEMENT WITH FLAGLER FIRST CONDOMINIUMS, LLC, IN SUBSTANTIALLY
THE ATTACHED FORM, 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 SALE
OF ALL THE PROJECT RESIDENTIAL CONDOMINIUM UNITS UNTIL JUNE 30,
2015.
WHEREAS, the City of Miami ("City") entered into an Agreement ("Agreement") with Flagler First
Condominiums, LLC ("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 less than ninety (90) affordable residential condominium units and
approximately 7,000 square feet of retail space ("Project"); and
WHEREAS, in accordance with the Agreement, the Developer was required to obtain certificates of
occupancy for the Project and sell ninety-one (91) 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 Project 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 the Project certificates of occupancy and the sale of ninety-one (91) of the
Project's residential condominium units, and was granted the extension pursuant to 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, Miami,
Florida, 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
was granted the extension pursuant to resolution No. 06-0733, adopted December 14, 2006; and
WHEREAS, the Developer experienced further delays, which resulted in a delay in the completion
of the Project pursuant to Resolution No. 08-0227, adopted April 24, 2008, was granted an extension
until June 30, 2008, for the receipt of Project certificates of occupancy and until June 30, 2010, for the
City of Miami Page 1 of 2 File Id: 14-00045 (Version: 1) Printed On: 1/31/2014
File Number. 14-00045
sale of all the Project's residential condominium units; and
WHEREAS, the Developer obtained the Project certificates of occupancy by the City's June 30,
2008 deadline, but has experienced delays in the sale of all ninety-one (91) of the Project's residential
condominium units; and
WHEREAS, for the aforesaid reasons, the Developer requested an additional extension until
December 2, 2013, in order to sale all of the ninety-one (91) residential units, and was granted the
extension pursuant to Resolution No. 11-0163, adopted April 14, 2011; and
WHEREAS, the Developer experienced further delays due to newly imposed restrictions by
Miami -Dade County making it difficult to sell the remaining residential units to eligible buyers; and
WHEREAS, the Developer has requested an extension until June 30, 2015, for the sale of all 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 fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute Amendment No. 5, to the Agreement with
the Developer, in substantially the attached form, relating to the Project, providing an extension until
June 30, 2015, for the sale of all the Project's residential condominium units.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VI ORIA ENDEZ
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 (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.
City of Miami Page 2 of 2 File Id: 14-00045 (Version: 1) Printed On: 1/31/2014