HomeMy WebLinkAbout2026-021-2478_-_RUDG-The_Commons_LLC_Assignment_of_Rights_and_Obligations_-_Adopted.docxRESOLUTION NO. 2026-021-2478
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING RUDG-THE
COMMONS RETAIL, LLC, SUCCESSOR IN INTEREST TO
RUDG-THE COMMONS, LLC, TO ASSIGN ALL OF ITS RIGHTS
AND OBLIGATIONS TO THE CITY OF MIAMI GARDENS WITH
RESPECT THAT CERTAIN AMENDED RESTATEMENT AND
AMENDMENT OF NON-RESTRICTED MORTGAGE AND
COVENANT AND THAT CERTAIN AMENDED DEVELOPMENT
AGREEMENT, AS AMENDED, ATTACHED HERETO AS
EXHIBIT “A” AND “B” TO BUNCHE PARK YOUTH SPORTS, INC;
PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER
AND CITY ATTORNEY; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, RUDG-The Commons, LLC (“RUDG”), acquired approximately 6.83
acres of vacant land on the SW Corner of NW 207 Street and NW 27 Avenue in the City
of Miami Gardens, Florida, via One Million One Hundred and Fifty Thousand Dollars
($1,150,000.00) in Neighborhood Stabilization Program 3 (NSP3) funds administered by
the City of Miami Gardens, and
WHEREAS, the funds were secured by an Amended Mortgage Deed and
Restrictive Covenant-recorded on September 18, 2013, that required RUDG to develop
the property for the benefit of the City, and
WHEREAS, on June 11, 2015, the City and RUDG agreed to a Bifurcated
Amended Mortgage Deed and Restrictive Covenant document which created a "housing"
portion and "commercial" portion of the RUDG property, whereby the "housing" portion of
the parcel became liable for Two Hundred Seventy-Nine Thousand Four Hundred Fifty
Dollars ($279,450.00) and the "commercial" portion liable for Eight Hundred Seventy
Thousand Five Hundred Fifty Dollars ($870,550.00) of the overall One Million One
Hundred and Fifty Thousand Dollars ($1,150,000.00), respectively, and
WHEREAS, on June 11, 2015, the parties entered a Second Amendment to the
Mortgage Deed and Restrictive Covenant as to the commercial part of the property and
subsequently, on June 11, 2015, the parties entered a Third Amendment to the Mortgage
Deed and Restrictive Covenant as to the housing portion, and
WHEREAS, on October 2, 2019, the parties entered into the Restatement and
Amendment of Non-Restricted Mortgage and Covenant, whereby Eight Hundred Seventy
Thousand Five Hundred Fifty Dollars ($870,550.00) of the overall One Million One
Hundred and Fifty Thousand Dollars ($1, 150,000.00) was further split into two (2)
separate portions: Four Hundred Fifty Thousand Dollars (450,000.00) to the Trice Parcel
and Four Hundred Twenty Thousand Five Hundred Fifty Dollars (420,550.00) for the
RUDG parcel and which also required RUDG to develop and maintain the property for a
commercial project, and
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WHEREAS, in accordance with the NSP3 build schedule, the overall construction
of the housing parcel should have been completed in January 2015 and reached 50%
occupancy in March 2015; additionally, the overall construction of the commercial parcel
should have been completed in March 2015, however, via Resolution No. 2017-127-3232
which references the Amendment to the Amended Developer’s Agreement for “The
Commons”; An NSP3 Housing Project and a Commercial Project, the City and RUDG
agreed to ultimately extend the completion date for the commercial parcel to July 2021,
and
WHEREAS, RUDG has not developed the property in accordance with the NSP3
Amended Developer Agreement, as amended, so the City Council authorized the City
Attorney to file foreclosure litigation against RUDG related to the commercial parcel, and
WHEREAS, Vice Mayor Stephens is recommending a settlement of the litigation
whereby RUDG would assign its rights and obligations under the Developer Agreement
as amended and the Mortgage Deed and Restrictive Covenant as amended, to Bunche
Park Youth Sports, Inc., a Florida Not For Profit Corporation (“Assignee”), and
WHEREAS, in accordance with the Amended Developer’s Agreement the
obligations undertaken by RUDG pursuant to the Agreement can only be delegated or
assigned if the City consents to the performance or assignment of such service, and
WHEREAS, Bunche Park Youth Sports, Inc., has consented to the assignment
and to undertake all the obligations undertaken by RUDG pursuant to the Agreement,
and
WHEREAS, the deadlines in the Amended Developer’s Agreement have all
expired, so to move forward the Assignee will be required to seek an extension of the
deadlines in the Agreement, and
WHEREAS, Vice Mayor Stephens is further requesting that the City Council direct
the City Attorney to dismiss the current lawsuit against RUDG,
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.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby authorizes RUDG-The Commons Retail, LLC, successor in interest to RUDG-The
Commons, LLC, to assign all of its rights and obligations to the City of Miami Gardens
with respect to that certain Amended Restatement and Amendment of Non-Restricted
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Mortgage and Covenant and that certain Amended Development Agreement, as
amended, attached hereto as Exhibit "A" and "B" to Bunche Park Youth Sports, Inc.
Section 3: DIRECTIONS INSTRUCTIONS TO THE MANAGER AND CITY
ATTORNEY: The City Manager is hereby directed to execute all documents necessary
to assign the rights and obligations of RUDG the Commons, LLC to Bunche Park Youth
Sports, Inc., and the City Attorney is hereby directed to dismiss the lawsuit filed against
RUDG.
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 FEBRUARY 25, 2026.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, MMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: VICE MAYOR ROBERT STEPHENS, III
Moved by: Councilwoman Julien
Seconded by: Councilwoman Wilson
VOTE: 6-0
Mayor Harris Absent
Vice Mayor Stephens, III Yes
Councilwoman Baskin Yes
Councilman Leon Yes
Councilwoman Powell Yes
Councilwoman Wilson Yes
Councilwoman Julien Yes
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