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FAIR OAKS, LLC, AND LANDMARK DEVELOPMENT CORP. vs FLORIDA HOUSING FINANCE CORPORATION, 18-002953BID (2018)

Court: Division of Administrative Hearings, Florida Number: 18-002953BID Visitors: 2
Petitioner: FAIR OAKS, LLC, AND LANDMARK DEVELOPMENT CORP.
Respondent: FLORIDA HOUSING FINANCE CORPORATION
Judges: ROBERT L. KILBRIDE
Agency: Florida Housing Finance Corporation
Locations: Miami, Florida
Filed: Jun. 08, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 6, 2018.

Latest Update: Jan. 09, 2019
18002953_282_01092019_15461107_e


STATE OF FLORIDA

FLORIDA HOUSING FINANCE CORPORATION


FAIR OAKS, LLC AND LANDMARK DEVELOPMENT, CORP.,


Petitioners,


v. FHFC Case No.: 2018-033BP

DOAH Case No.: 18-2953BID

FLORIDA HOUSING FINANCE CORPORATION,


Respondent,


and


LAS BRISAS ESTATES, LLC AND, EAST FLORIDA CITY, LLC,


Intervenors.

- - - - - - - - - - - - - - - - -I

FINAL ORDER


This cause came before the Board of Directors of the Florida Housing Finance Corporation ("Board") for consideration and final agency action on July 27, 2018. On July 5, 2018, the parties executed the attached Consent Agreement in the above­ captioned case. The Consent Agreement is adopted and incorporated by reference as though fully set forth in this Order.

IT IS HEREBY ORDERED that Las Brisas Estates, LLC and East Florida City, LLC are ineligible for funding under the terms of Request for Applications


FILED WITH THE CLERK OF THE FLORIDA HOUSING FINANCE CORPORATION

1 Littmfi{11UwyJO"J TL, 7 /z7/J8

Filed January 9, 2019 3:46 PM Division of Administrative Hearings

2017-112 (the "RFA"). According to the ranking and selection process outlined in the RFA, Fair Oaks is selected for funding, subject to credit underwriting.

DONE and ORDERED this 27th day of July, 2018.


FLORIDA HOUSING FINANCE CORPORATION


By:


Copies to:


Hugh R. Brown, General Counsel Hugh.Brown@floridahousing.org


Betty Zachem, Assistant General Counsel Betty.Zachem@floridahousing.org

Kevin Tatreau, Interim Director of Multifamily Development

Kevin.Tatreau@ florid ahousing.org


Craig D. Varn, Esq.

cvam @mansonbolves.com


Douglas P. Manson, Esq. dmanson@mansonbolves.com


Amy Wells Brennan, Esq.

abrennan@mansonbolves.com


Michael G. Maida, Esq. mike@maidalawpa.com


Michael P. Donaldson, Esq. mdonaldson@ carltonfields.com


NOTICE OF RIGHT TO JUDICIAL REVIEW


A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE FLORIDA HOUSING FINANCE CORPORATION, 227 NORTH BRONOUGH STREET, SUITE 5000, TALLAHASSEE, FLORIDA 32301-1329, AND A SECOND COPY, ACCOMPANIED BY THE FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, 2000 DRAYTON DRIVE, TALLAHASSEE, FLORIDA 32399-0950, OR IN THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.


Docket for Case No: 18-002953BID
Issue Date Proceedings
Jan. 09, 2019 Consent Agreement filed.
Jan. 09, 2019 Agency Final Order filed.
Jul. 06, 2018 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 05, 2018 Joint Motion to Relinquish Jurisdiction filed.
Jul. 03, 2018 Notice of Cancellation of 7/3/18 Depositions of Miami-Dade County Representative and Gerald Bryan filed.
Jul. 03, 2018 Notice of Cancellation of 7/3/18 Deposition of Corporate Representative of Florida Housing Finance Corporation filed.
Jul. 02, 2018 Petitioners' Amended Notice of Taking Telephonic Depositions filed.
Jul. 02, 2018 Las Brisas Estates, LLC's Amended Responses to Fair Oaks, LLC and Landmark Development, Corp's First Requests for Admission filed.
Jun. 29, 2018 Verified Return of Service regarding Subpoena Ad Testificandum (Miami-Dade County Representative for Department of Transportation and Public Works) filed.
Jun. 29, 2018 Verified Return of Service regarding Subpoena Ad Testificandum (Gerald Bryan) filed.
Jun. 29, 2018 Petitioners' Notice of Taking Telephonic Depositions filed.
Jun. 29, 2018 Notice of Taking Deposition of Corporate Representative of Florida Housing Finance Corporation filed.
Jun. 29, 2018 Petitioners' Notice of Intent to Offer Business Records Pursuant to Section 90.803(6), Florida Statutes filed.
Jun. 28, 2018 Petitioners Fair Oaks, LLC's Landmark Development Corp.'s Second Request for Production to Las Brisas Estates, LLC filed.
Jun. 28, 2018 Petitioners Fair Oaks, LLC's and Landmark Development Corp.'s Second Request for Production to Florida Housing Finance Corporation filed.
Jun. 28, 2018 Petitioners Fair Oaks, LLC's and Landmark Development Corp.'s Second Set of Interrogatories to Las Brisas Estates, LLC filed.
Jun. 28, 2018 Petitioners Fair Oaks, LLC's and Landmark Development Corp.'s Second Set of Interrogatories to Florida Housing Finance Corporation filed.
Jun. 25, 2018 Respondent Florida Housing Finance Corporation's Response to Petitioners Fair Oaks LLC's and Landmark Development Corp.'s First Requests for Admission filed.
Jun. 20, 2018 Respondent Florida Housing Finance Corporation's Notice of Service of Verified Answers to Petitioners' Fair Oaks, LLC's and Landmark Development Corp.'s First Set of Interrogatories filed.
Jun. 20, 2018 Respondent Florida Housing Finance Corporation's Response to Petitioners' Fair Oaks, LLC's and Landmark Development Corp.'s First Request for Production filed.
Jun. 20, 2018 Las Brisas Estates, LLC's Response to Fair Oaks, LLC and Landmark Development Corp's First Requests for Production filed.
Jun. 20, 2018 Las Brisas Estates, LLC's Responses to Fair Oaks, LLC and Landmark Development, Corp's First Requests for Admission filed.
Jun. 20, 2018 Las Brisas Estates, LLC's Notice of Serving Verified Responses to Fair Oaks, LLC and Landmark Development Corp.'s First Set of Interrogatories filed.
Jun. 20, 2018 East Florida City, LLC's Notice of Serving Verified Responses to Fair Oaks, LLC and Landmark Development Corps.'s First Set of Interrogatories filed.
Jun. 20, 2018 East Florida City, LLC's Responses to Petitioners' Fair Oaks, LLC and Landmark Development, Corp's First Requests for Admission filed.
Jun. 20, 2018 East Florida City, LLC's Response to Fair Oaks, LLC and Landmark Development Corp's First Requests for Production filed.
Jun. 14, 2018 Petitioners' Notice of Service of First Set of Interrogatories to East Florida City LLC filed.
Jun. 14, 2018 Petitioners' Notice of Service of First Set of Interrogatories to Las Brisas Estates LLC filed.
Jun. 14, 2018 Petitioners' Notice of Service of First Set of Interrogatories to Florida Housing Finance Corporation filed.
Jun. 14, 2018 Petitioners Fair Oaks, LLC's and Landmark Development Corp.'s First Requests for Admission to Florida Housing Finance Corporation filed.
Jun. 14, 2018 Petitioners Fair Oaks, LLC's and Landmark Development Corp.'s First Requests for Admission to East Florida City, LLC filed.
Jun. 14, 2018 Petitioners Fair Oaks, LLC's and Landmark Development Corp.'s First Requests for Admission to Las Brisas Estates, LLC filed.
Jun. 14, 2018 Petitioners Fair Oaks, LLC's and Landmark Development Corp.'s First Request for Production to Florida Housing Finance Corporation filed.
Jun. 14, 2018 Petitioners Fair Oaks, LLC's and Landmark Development Corp.'s First Request for Production to East Florida City, LLC filed.
Jun. 14, 2018 Petitioners Fair Oaks, LLC's and Landmark Development Corp.'s First Request for Production to Las Brisas Estates, LLC filed.
Jun. 13, 2018 Order Granting Motion to Intervene (East Florida City, LLC, and Las Brisas Estates, LLC).
Jun. 13, 2018 Order of Pre-hearing Instructions.
Jun. 13, 2018 Notice of Hearing by Video Teleconference (hearing set for July 9, 2018; 9:00 a.m.; Miami and Tallahassee, FL).
Jun. 12, 2018 CASE STATUS: Pre-Hearing Conference Held.
Jun. 12, 2018 Notice of Appearance/Motion to Intervene filed.
Jun. 12, 2018 Notice of Appearance/Motion to Intervene filed.
Jun. 12, 2018 Notice of Appearance filed.
Jun. 12, 2018 Notice of Appearance filed.
Jun. 11, 2018 Order Granting Motion to Amend Formal Written Protest of Award and Petition for Administrative Hearing.
Jun. 08, 2018 Petitioners' Motion to Amend Formal Written Protest of Award and Petition for Administrative Hearing filed.
Jun. 08, 2018 Notice of Appearance (Betty Zachem).
Jun. 08, 2018 Notice to All Bidders on RFA 2017-112 filed.
Jun. 08, 2018 Formal Written Protest of Award and Petition for Administrative Hearing filed.
Jun. 08, 2018 Agency referral filed.

Orders for Case No: 18-002953BID
Issue Date Document Summary
Jul. 27, 2018 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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