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HomeMy WebLinkAboutPre-LegislationFile Number: 08-00441 Final Action Date: 4/24/2008 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, ATHIRTY (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 less 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 was granted the extension by Resolution No. 06-0733, adopted December 14, 2006; and City of Miami Page I of 2 File Id: 08.00441 (version 1) Printed On: 211112016 City Miami City Hall 611y Of 3500 Pan American Drive �11YCG SY, 9IAIE 3 �4 7 Legislation Miami, FL 33133 as,y www,miamigov.com 3# �~ Resolution: R-08-0227 File Number: 08-00441 Final Action Date: 4/24/2008 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, ATHIRTY (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 less 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 was granted the extension by Resolution No. 06-0733, adopted December 14, 2006; and City of Miami Page I of 2 File Id: 08.00441 (version 1) Printed On: 211112016 File Number 08-00441 Enactment Number: R-08-0227 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} 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: 08-00441 (Version: 1) Printed On: 2/11/2016 c�` hm City of Miami City Hall 3500 Pan American ?f , Drive 1ft NA iT t 1a Le�ISlatl®Il Miami, FL 33133 rte: _ .� www.miamigov,com Resolution: R-15-0242 File Number: 15-00520 Final Action Date: 5/28/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 6 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 MARCH 31, 2016. 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 all of the Project's residential condominium units by June 23, 2005; and WHEREAS, the Developer experienced delays beyond its reasonable control, such as bringing the building's premises to hurricane/wind load and fire code requirements, delays in construction due to Hurricane preparations in 2005, and additional unforeseen structural work that was required; and WHEREAS, the Project, pursuant to Resolution No. 08-0227, adopted April 24, 2008, was granted an extension until June 30, 2008 for the receipt of all certificates of occupancy and until June 30, 2010 for the sale of all the Project's residential condominium units and WHEREAS, the Developer obtained the Project certificates of occupancy by the City's extended deadline but experienced delays in the sale of all of the Project's residential condominium units; and WHEREAS, pursuant to Resolution No. 14-0058, adopted February 27, 2014, the Developer was granted an extension on the sale of all the units because of delays due to the restrictions imposed by Miami -Dade County making it difficult to sell the remaining residential units to eligible buyers; and WHEREAS, the Developer has yet to obtain eligible buyers for all of the Project's residential condominium units and has thus requested an additional extension until March 31, 2016 for the sale of all 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. City of Miami Page I of 2 Pile Id: 15-00520 (Version: I) Printed On: 2/11/2016 File Number, 15-00520 Enactment Number: R-15-0242 Section 2. The City Manager is authorized{1) to execute Amendment No. 6, to the Agreement with the Developer, in substantially the attached form, relating to the Project, providing an extension until March 31, 2016, 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) 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 Tile Id: 15-00520 (Version: 1) Printed On: 2/1112016