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HomeMy WebLinkAbout2023-169-2059_-_Third_Amendment_to_Lease_with_New_Urban_Development,_LLC_-_Adopted.docxRESOLUTION NO. 2023-169-2059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY THAT CERTAIN THIRD ADDENDUM ATTACHED HERETO AS EXHIBIT “A” IN SUBSTANTIAL FORM TO THAT CERTAIN LEASE AGREEMENT WITH NEW URBAN DEVELOPMENT, LLC FOR THE CONSTRUCTION OF SENIOR HOUSING ON CITY- OWNED PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF NW 12TH AVENUE AND NW 183RD STREET; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 27, 2017, the City Council approved Ordinance No. 2017-11-375 establishing a long term Lease/ Development Agreement with the New Urban Development, LLC (“Developer”) for the construction of a 100 unit senior housing community on the northwest corner of NW 12th Avenue and NW 183rd street to be completed by April 30, 2020, and WHEREAS, on June 3, 2020 at the request of the Developer, the Agreement was amended by Resolution No. 2020-068-3466 to 150 units with the project to be completed by December 31, 2024, and WHEREAS, on March 9, 2022 a second amendment to that certain Lease Agreement with the Developer was approved by Resolution No. 2022-022-3735 2022- 022-37352022-022-3735 extending completion dates in the original Lease Agreement, and WHEREAS, due to changes in the proposed layout the project will now be consolidated into one building where previously there were 2 separate towers each with its own completion date for Certificate of Occupancy. The developer now requests a third amendment consolidating the milestones into a single Certificate of Occupancy and extending the project completion date to September 30, 2026 in order to allow sufficient time to revise the design, and WHEREAS, it is recommended that the City Council authorize the City Manager and City Clerk to execute and attest respectively that certain third addendum, with the New Urban Development, LLC for the construction of senior housing located at the northwest corner of NW 12th Avenue and NW 183rd Street, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. DocuSign Envelope ID: 9FB81008-6E24-4AFB-9265-3C18F17A656B Page 2 of 2 Resolution No. 2023-169-2059 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager and City Clerk to execute and attest respectively that certain third addendum attached hereto as Exhibit “A” in substantial form to that certain Lease Agreement with New Urban Development, LLC for the construction of senior housing on city-owned property generally located at the northwest corner of NW 12th Avenue and NW 183rd street. Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed copies of the subject Agreement with one to be maintained by the City, and one to be delivered to Miami Dade County. Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON DECEMBER 13, 2023. ________________________________ RODNEY HARRIS, MAYOR ATTEST: ________________________________ MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: COUNCILMAN REGGIE LEON Moved by: Vice Mayor Wilson Seconded by: Councilman Leon VOTE: 6-0 Mayor Harris Yes Vice Mayor Wilson Yes Councilwoman Campbell Yes Councilwoman Ighodaro Absent Councilwoman Julien Yes Councilman Leon Yes Councilwoman Stephens, III Yes DocuSign Envelope ID: 9FB81008-6E24-4AFB-9265-3C18F17A656B