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HomeMy WebLinkAboutPre-LegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Enactment Number: R-20-0069 File Number: 7146 Final Action Date:311212020 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO CONVEY, WITH AFFORDABLE HOUSING RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 6820 NORTHWEST 17 AVENUE, MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO COMMUNITY DEVELOPMENT GROUP, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("DEVELOPER"), FOR THE DEVELOPMENT OF AFFORDABLE HOMEOWNERSHIP HOUSING; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE COMPLETION OF SAID TRANSACTION. WHEREAS, on February 16, 2019, the City of Miami ("City") obtained the quit -claim deed to the property located at 6820 Northwest 17 Avenue, Miami, Florida ("Property') as a result of a lawsuit that was filed by the City„ and WHEREAS, on November 22, 2019, Community Development Group, Inc., a Florida not for profit organization ("Developer"), submitted a letter of interest to the City proposing to redevelop the Property as affordable housing as defined in Section 2-416 of the Code of the City of Miami, Florida, as amended, and WHEREAS, the Developer proposes to redevelop and use the Property exclusively for affordable homeownership housing that will be available for eligible residents whose annual income is equal to or less than eighty percent (80%) of area median income ("AMI") as published annually by the United States Department of Housing and Urban Development ("HUD"); and WHEREAS, the affordable housing restrictions and automatic reverter provisions contained in the conveying instruments will require the Property to automatically revert to the City if (i) the Property is not fully developed within twenty-four (24) months of the date of closing as evidenced by a Certificate of Occupancy, where the twenty-four (24) month requirement may be amended by the Director of the Department of Housing and Community Development ("Director") by a written communication and (Pi) the Property is not solely used for affordable homeownership housing; and WHEREAS, the Property will be conveyed through one or more purchase and sale agreements ("Agreements"); and WHEREAS, to convey said Property, the City must receive from the Developer (i) evidence that the Developer has received all necessary permits needed to construct the units, (ii) evidence that financial commitments from the lender(s) have been received, (ill) any mortgages obtained by the Developer on the Property will be subject to the approval of the Director, and (iv) the closing of the Agreements will occur simultaneously with the closing of the construction financing by the lender, if any; and WHEREAS, Section 29-B(a) of the Charter of the City of Miami, Florida, as amended ("City Charter"), provides for the waiver of competitive bidding and other requirements when "conveying property to implement housing programs or projects which are intended to benefit persons or households with low and/or moderate income, the criteria of which to be provided for by federal and/or state law or by the city commission"; 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. Pursuant to Section 29-B(a) of the City Charter, the City Manager is authorized' to convey, with affordable housing restrictions and automatic reverter provisions, the City owned Property as more particularly described in Exhibit "A," attached and incorporated, to the Developer for the development of affordable homeownership housing. Section 3. The City Manager is authorized' to negotiate and execute any and all necessary documents, including amendments, extensions, and modifications, all in forms acceptable to the City Attorney, for the completion of said transaction. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.Z APPROVED AS TO FORM AND CORRECTNESS: 1 ria dez, Cify ttor iey 3/3/2020 ' 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.