Amendment 1 - Development Agmt w/ HACMB r - 1 111111 VIII VIII VIII VIII NII11111111111111
CFN 2012RO629624 OR BK 28253 Pss 3787 - 3739► (3ass)
RECORDED 09/05/2012 15:59:12
HARVEY RUVINY CLERK OF COURT? MIAMI= DADUCOUNTY► FLORIDA
AMENDMENT NO. 1 TO THE DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH, FLORIDA AND THE HOUSING AUTHORITY OF THE
CITY OF MIAMI BEACH
This Amendment No. 1 (the Amendment), is made and executed as of this 36 day of
2012, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation organized and existing under the laws of the State of Florida (the City), and the
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH, a Florida public housing authority,
having an address of 200 Alton Road, Miami Beach, Florida 33139 (the Owner or HACMB).
RECITALS:
WHEREAS, on July 14, 2011, the Mayor and City Commission adopted Resolution No.
2010- 27451, approving and authorizing the Mayor and City Clerk to execute a Purchase and
Sale Agreement between the City of Miami Beach (City and /or Buyer) and the Housing Authority
of the City of Miami Beach (HACMB and /or Seller) for the City's purchase of an easement
through property owned by HACMB (the City Easement) for the City's purpose of designing,
developing, and constructing the West Avenue Bridge Project, a City right -of -way project which
envisions corridor improvements to the intersection of Dade Boulevard, at 17 Street /Bay Road,
to be combined with a connection between Dade Boulevard and West Avenue through the
construction of a new bridge; and
WHEREAS, the . aforestated Purchase and Sale Agreement was finalized and
subsequently executed by the parties, with an effective date of September 15, 2010; and
WHEREAS, on September 15, 2010, the Mayor and City Commission adopted
Resolution No. 2010 - 27490, approving, on second and final reading, and authorizing the Mayor
and City. Clerk to execute, a Development Agreement between the City and HACMB, setting
forth the parties' respective rights and obligations pertaining to the City's development and
construction of the West Avenue Bridge Project, and HACMB's development and construction of
an affordable housing project (the HACMB Project); and
WHEREAS, both the Purchase and Sale Agreement and the Development Agreement
provided the City with an Inspection Period (as said term was defined in the Purchase and Sale
Agreement), and a Due Diligence Period (as said term was defined in the Development
Agreement), within which to inspect and investigate the physical and other conditions of the City
Easement property, as the City deemed appropriate in order to determine whether or not to
proceed with the purchase of the City Easement and the development of the West Avenue
Bridge Project thereon; and
WHEREAS, under both of the aforestated Agreements, the Inspection Period and Due
Diligence Period were to have expired on September 15, 2011; accordingly, prior to the
expiration date, the City requested an extension of the Inspection Period and Due Diligence
Period from HACMB; and
WHEREAS, on September 14, 2011, pursuant to Resolution No. 2011 - 27713, the Mayor
and City Commission approved,, respectively, Amendment No. 1 to the Purchase and Sale
Agreement, and Amendment No. 1 to the Development Agreement, memorializing the City and i
HACMB's agreement to extend the Inspection Period and Due Diligence Period from September
15, 2011, to March 15, 2012; and
WHEREAS, on September 20, 2011, the HACMB board took action on the City's
extension request; the board approved an initial extension of the Inspection Period and Due
Diligence Period for four (4) months, or until January 15, 2012, and reserved its rights to grant
the full extension requested by the City (i.e. until March 15, 2012), pending the City
Administration's providing the board with a status report as to its ongoing due diligence on the
West Avenue Bridge Project at the December HACMB board meeting; and
WHEREAS, on December 13, 2011, following the requested status report by the City,
the HACMB board actually approved an extension (of the Inspection Period and Due Diligence
Period) until May 1, 2012, in order to allow the City more time to fully complete its due diligence
and, further, conduct a public hearing on the West Avenue Bridge Project (scheduled for April
2012; and
WHEREAS, on January 11, 2012, the City Commission approved Resolution No. 2012-
27815, which amended Resolution No. 2011 - 27713, to reference the actual May 1, 2012
extension date of the Inspection and Due Diligence Periods; and
WHEREAS, accordingly, the City and HACMB have negotiated the foregoing Amendment No. 1
to the Purchase and Sale Agreement, memorializing the extension of the Inspection Period.
NOW THEREFORE, in consideration of the foregoing, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby
agree as follows:
1. The foregoing Recitals are true and correct and are incorporated herein by this
reference.
2. Section 11 of the Development Agreement, entitled "Conditions to Closing," is
amended to provided that the City's Due Diligence Period (as such term is defined in the
Development Agreement) shall be extended to May 1, 2012.
3. Except as amended hereby, all other terms and conditions of the Purchase and
Sale Agreement shall remain unchanged and in full force and effect.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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BOOK 23258 PAGE 3789
L-AST PAGE
EXECUTED as of the date first above written in several counters, each of which shall be
deemed an original, but all constituting only one agreement.
Signed, sealed and delivered CITY OF MIAMI BEACH,
In tjhh nce of: a Florida municipal corporation
By.
~' Name: atti errer ow
Title: Mayor
Attest: `� `�•.•• B ��
By. •. �
Name: Kafael E. Granado y
Title: City Clerk
INCORP ORATED'
Signed, sealed and delivered HOUSING- AUTHORITY OF l
In the presence of: TY OF MIAMI BEACH "rC� 26 ��
By:
�-� Name: MigueI1Dgl ampillo
Executive Directb
Attest:
By:
APPROVED AS TO
ORM &LANGUAGE
& OR CUTION
ity t me Date
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AMENDMENT NO. 1 TO THE DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH, FLORIDA AND THE HOUSING AUTHORITY OF THE
CITY OF MIAMI BEACH
This Amendment No. 1 (the Amendment), is made and executed as of this 30 day of
4� 2012, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation organized and existing under the laws of the State of Florida (the City), and the
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH, a Florida public housing authority,
having an address of 200 Alton Road, Miami Beach, Florida 33139 (the Owner or HACMB).
RECITALS:
WHEREAS, on July 14, 2011, the Mayor and City Commission adopted Resolution No.
2010- 27451, approving and authorizing the Mayor and City Clerk to execute a Purchase and
Sale Agreement between the City of Miami Beach (City and /or'Buyer) and the Housing Authority
of the City of Miami Beach (HACMB and /or Seller) for the City's purchase of an easement
through property owned by HACMB (the City Easement) for the City's purpose of designing,
developing, and constructing the West Avenue Bridge Project, a City right -of -way project which
envisions corridor improvements to the intersection of Dade Boulevard, at 17 Street/Bay Road,
to be combined with a connection between Dade Boulevard and West Avenue through the
construction of a new bridge; and
WHEREAS, the aforestated Purchase and Sale Agreement was finalized and
subsequently executed by the parties, with an effective date of September 15, 2010; and
WHEREAS, on September 15, 2010, the Mayor and City Commission adopted
Resolution No. 2010 - 27490, approving, on second and final reading, and authorizing the Mayor
and City Clerk to execute, a Development Agreement between the City and HACMB, setting
forth the parties' respective rights and obligations pertaining to the City's development and
construction'of the West Avenue Bridge Project, and HACMB's development and construction of
an affordable housing project (the HACMB Project); and
WHEREAS, both the Purchase and Sale Agreement and the Development Agreement
provided the City with an Inspection Period (as said term was defined in the Purchase and Sale
Agreement), and a Due ` Diligence Period (as said term was defined in the Development
Agreement), within which to inspect and investigate the physical and other conditions of the City
Easement property, as the City deemed appropriate in order to determine whether or not to
proceed with the purchase of the City Easement and the development of the West Avenue
Bridge Project thereon; and
WHEREAS, under both of the aforestated Agreements, the Inspection Period and Due
Diligence Period were to have expired on September 15, 2011; accordingly, prior to the
expiration date, the City requested an extension of the Inspection Period and Due Diligence
Period from HACMB; and
WHEREAS, on September 14, 2011, pursuant to Resolution No. 2011 - 27713,, the Mayor
and City Commission approved, respectively, Amendment No. 1 to the Purchase and Sale
Agreement, and Amendment No. 1 to the Development Agreement, memorializing the City and
HACMB's agreement to extend the Inspection Period and Due Diligence Period from September
15, 2011, to March 15, 2012; and
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WHEREAS, on September 20, 2011, the HACMB board took action on the City's
extension request; the board approved an initial extension of the Inspection Period and Due
Diligence Period for four (4) months, or until January 15, 2012, and reserved its rights to grant .
the full extension requested by the City (i.e. until March 15, 2012), pending the City
Administration's providing the board with a status report as to its ongoing due diligence on the
West Avenue Bridge Project at the December HACMB board meeting; and
WHEREAS, on December 13, 2011, following the requested status report by the City,
the HACMB board actually approved an extension (of the Inspection Period and Due Diligence
Period) until May 1, 2012, in order to allow the City more time to fully complete its due diligence
and, further, conduct a public hearing on the West Avenue Bridge Project (scheduled for April
2012; and
WHEREAS, on January 11, 2012, the City Commission approved Resolution No. 2012 -
27815, which amended Resolution No. 2011 - 27713, to reference the actual May 1, 2012
extension date of the Inspection and Due Diligence Periods; and
WHEREAS, accordingly, the City and HACMB have negotiated the foregoing Amendment No. 1
to the Purchase and Sale Agreement, memorializing the extension of the Inspection Period.
NOW THEREFORE, in consideration of the foregoing, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby
agree as follows:
1. The foregoing Recitals are true and correct and are incorporated herein by this
reference.
2. Section 11 of the Development Agreement, entitled "Conditions to Closing," is
amended to provided that the City's Due Diligence Period (as such term is defined in, the
Development Agreement) shall be extended to May 1, 2012.
3. Except as amended hereby, all other terms and conditions of the Purchase and
Sale Agreement shall remain unchanged and in full force and effect.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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EXECUTED as of the date first above written in several counters, each of which shall be
deemed an original, but all constituting only one agreement.
Signed, sealed and delivered CITY OF MIAMI BEACH,
In the presence of: a Florida municipal corporation
By:
c Name: atti Herr a B wer
Title: Mayor
Attest: M
By: F- ...... F�
Name: Rafael E. Granad
Title: City Clerk : )
:INCORP OR
ATED
Signed, sealed and delivered HOUSING AUTHORITY E..
In the presence of: CITY OF MIAMI BEACH C "" Oj
h` 26TM
By. .
Name: MiguellDe pillo
Executive Directo
Attest:
By:
APPROVED AS TO
FORM ANGUAGE
& F ELUTION
1
C Attorne(,�., Date
VV �
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