HomeMy WebLinkAboutR-22-0380City of Miami
Resolution R-22-0380
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Legislation
File Number: 12610
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/13/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
COVENANT IN LIEU OF UNITY OF TITLE ("COVENANT"), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, SOLELY FOR ZONING PURPOSES
TO UNIFY THE PROPERTIES LOCATED AT 800 NORTHWEST 5TH AVENUE,
FOLIO NUMBER 01-0101-010-2030, OWNED BY MIAMI-DADE COUNTY, A
POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ("COUNTY
PROPERTY'), MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE
COVENANT, AND THE PROPERTY LOCATED AT 501 NORTHWEST 8TH
STREET, FOLIO NUMBER 01-0101-010-2031, OWNED BY THE CITY OF
MIAMI ("CITY PROPERTY') MORE PARTICULARLY DESCRIBED IN EXHIBIT
"B" OF THE COVENANT (COLLECTIVELY THE "PROPERTY'), FOR THE
PURPOSE OF CONSTRUCTING NEW AFFORDABLE HOUSING, WITH
TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID
COVENANT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ALL OTHER DOCUMENTS NECESSARY TO FACILITATE
THE CONSTRUCTION OF THE NEW AFFORDABLE HOUSING
DEVELOPMENT ON THE ADJACENT COUNTY PROPERTY, INCLUDING BUT
NOT LIMITED TO AMENDMENTS AND MODIFICATIONS TO SAID
COVENANT, IMPACT FEE DEFERRAL COVENANT(S), AFFORDABLE
HOUSING COVENANT(S), AND CONSENT(S), ALL IN FORMS ACCEPTABLE
TO THE CITY ATTORNEY.
WHEREAS, Miami -Dade County, a political subdivision of the State of Florida
("County"), is the fee simple owner of that certain property located at 800 Northwest 5th Avenue
(Folio No. 01-0101-010-2030), located in Miami, Florida, more particularly described in Exhibit
"A" of the draft Covenant in Lieu of Unity of Title ("Covenant") attached hereto and incorporated
herein ("County Property"); and
WHEREAS, the City of Miami ("City") is the fee simple owner of that certain property
located at 501 Northwest 8th Street (Folio No. 01-0101-010-2031), located in Miami, Florida,
more particularly described in Exhibit "B" of the draft Covenant attached hereto and
incorporated herein ("City Property"); and
WHEREAS, the County Property and the City Property are adjacent to one another and
are collectively referred to herein as the "Property"; and
WHEREAS, Culmer Apartments Ltd maintains a subleasehold interest in the County
Property and is developing an affordable housing project on the County Property; and
WHEREAS, no new units are being constructed on the City Property; and
City of Miami Page 1 of 2 File ID: 12610 (Revision: A) Printed On: 1011412022
File ID: 12610 Enactment Number: R-22-0380
WHEREAS, the purpose of the Covenant is to join the Property only for zoning
purposes, including in order to avoid replatting; and
WHEREAS, the County and the City are executing the Covenant to unify the Property
solely for zoning purposes in connection with the construction of a new affordable housing
development(s) consisting of multifamily residential units and ancillary amenities; and
WHEREAS, in order to facilitate new affordable housing within the City, the City desires
to authorize the City Manager to execute the Covenant and all other documents necessary to
facilitate the construction of the new affordable housing development on the adjacent County
Property, including but not limited to amendments and modifications to the Covenant, any
Impact Fee Deferral Covenant(s), Affordable Housing Covenant(s), and Consent(s), all in forms
acceptable to the City Attorney;
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 herein as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized' to negotiate and execute a Covenant
in Lieu of Unity of Title, in a form acceptable to the City Attorney, a draft of which is attached
hereto, to unify the City Property and County Property solely for zoning purposes in connection
with the construction of new affordable housing on the Property, with terms and conditions more
particularly set forth in said Covenant.
Section 3. The City Manager is further authorized' to negotiate and execute all other
documents necessary to facilitate the construction of the new affordable housing development
on the adjacent County Property, including but not limited to amendments and modifications to
the Covenant, any Impact Fee Deferral Covenant(s), Affordable Housing Covenant(s), and
Consent(s), all in forms acceptable to the City Attorney.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
r
i t6ria i nd" ez, City Attor iey 10/1312022
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 2 File ID: 12610 (Revision: A) Printed on: 1011412022