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HomeMy WebLinkAboutR-01-0168J-01-104 2/14/01 RESOLUTION NO. 0 1 16 8 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, BY A FOUR-FIFTHS (4/5 THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACTION IN AUTHORIZING THE ACQUISITION OF THE FIRST MORTGAGE INTEREST ON THE FIVE (5) PROPERTIES LOCATED WITHIN THE CITY'S MODEL CITY HOMEOWNERSHIP ZONE AS DESCRIBED IN "EXHIBIT A," FROM FOUR (4) FINANCIAL INSTITUTIONS INCLUDING EASTERN NATIONAL BANK, COMMERCE BANK, N.A., HAMILTON BANK AND INTERNATIONAL FINANCE BANK; AUTHORIZING THE ALLOCATION OF HOME INVESTMENT PARTNERSHIPS ("HOME") PROGRAM FUNDS, IN THE AMOUNT OF $150,000, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER, IN COLLABORATION WITH THE CITY ATTORNEY TO TAKE SUCH ACTIONS AS MAY BE NECESSARY, INCLUDING THE EXECUTION OF ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID ACQUISITION. WHEREAS, the City of Miami holds a second mortgage on certain properties owned by Miami Limited II described in Exhibit "A" attached hereto, and located at 1501 Northwest 59th Street, 1270 Northwest 60th Street, 1320 Northwest 61St Street, 1321 Northwest 61St Street and 1370 Northwest 613t Street (the "Properties") ; and WHEREAS, four (4) financial institutions, including Eastern National Bank, Commerce Bank, N.A., Hamilton Bank and CITY C014MISSION mrri d ; be, FFD 1 5 2001 Resolution, NP. 01— 168 International Finance Bank held a first mortgage on the Properties having a principal balance of $1,838,436; and WHEREAS, the Properties are located in the City's designated Model City Homeownership Zone and the City's acquisition of the Properties will play an integral part in the City's Comprehensive Neighborhood Revitalization Strategy for the Model City Revitalization District; and WHEREAS, on June 26, 2000, a written offer was made by the City to purchase the first mortgage position held on the Properties for $103,000, and such offer was accepted; and WHEREAS, in October 2000, the first mortgage holder(s) terminated the transaction with the City; and WHEREAS, in December 2000, to avoid any potential litigation, the first mortgage holder(s) re -opened negotiations with the City and a new purchase price of $150,000 was agreed upon by both parties; and WHEREAS, due to the urgent need to take immediate action, it was determined that it was advantageous and necessary for the City Manager to authorize HOME funds in the amount of $150,000 to be used to complete the purchase of the first mortgage position and to protect the City's interest in the Properties; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Page 2 of 4 01- 168 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. By a four-fifths (4/5th,) affirmative vote, the City Manager's action in authorizing the acquisition of the first mortgage interest on the five (5) properties located within the City's Model City Homeownership Zone as described in "Exhibit A," attached and incorporated, from four (4) financial institutions including Eastern National Bank, Commerce Bank, N.A., Hamilton Bank and International Finance Bank, is ratified, approved and confirmed, and the allocation of Home Investment Partnerships ("HOME") Program Funds, in the amount of $150,000, is authorized for said purpose. Section 3. The City Manager, in collaboration with the City Attorney is authorizedL/ to take such actions as may be necessary, including the execution of all documents, in a form acceptable to the City Attorney, for said acquisition. 1 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. Page 3 of 4 01- 168 Section 4. This Resolution shall become effective upon its adoption and signature of the Mayor./ PASSED AND ADOPTED this 15th day of February , 2001. JOE CAROLLO, MAYOR In accordance with Miami Cosa;, Sec. 2-30, since the Mayor did not indicate this legislation by s;gijiri in the de j, . "'I of designated place provided, said legislEii.ion no ,,= beconnes effective with. the elapse of ten (10) days from the date of commission a :tion regarding same, without the Mayor exercising a vote. ATTEST:_ .� Walter J. Foeman, Ci y'Clerk WALTER J. FOEMAN CITY CLERK CTNESS:t,/ zi 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. Page 4 of 4 01- 168 CITY OF MIAMI, FLORIDA 13 INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: z City Manager RECOMMENDATION: DATE : JAN 3 0 2001 FILE: SUBJECT: Resolution Ratifying, Approving and Confirming City Manager's Action to Acquire Miami Limited II Housing Project REFERENCES: City Commission Agenda Item ENCLOSURES: Meeting of February 15, 2001 It is respectfully recommended that the City Commission adopt the attached resolution, by a 4/5`hs affirmative vote, ratifying, approving and confirming the City Manager's action to allocate $150,000 in Home Investment Partnership Program (HOME) funding to acquire the first mortgage interest held by a consortium of four (4) banks on properties included in the Miami Limited II Housing Project, consisting of five (5) multi -family apartments buildings located in the Model City Homeownership Zone. The attached resolution further authorizes the City Manager and the City Attorney to take all the appropriate legal actions necessary to consummate the acquisition of the subject properties. BACKGROUND: At its meeting of September 14, 2000, the City Commission adopted Resolution No. 00-757 which authorized the City Manager to acquire the first mortgage position of the Miami Limited II housing project, consisting of five (5) substandard apartment buildings, from a consortium of four (4) banks, which include Eastern National Bank, Commerce Bank, N.A. Hamilton Bank and International Finance Bank (Consortium). The subject properties are located in the Model City Homeownership Zone at the following addresses: 1501 NW 59`h Street 1270 NW 60'' Street 1320 NW 61S` Street 1321 NW 61s' Street 1370 NW 61S` Street The attached legislation further authorized the City Manager to acquire the subject properties and allocated an amount not to exceed $103,000 utilizing Home Investment Partnership Program (HOME) funding. In October 2000, negotiations between the City and the Consortium were terminated after the Consortium received offers to purchase the subject loan from other interested parties. In 01- 168 December 2000, in order to avoid any potential legal litigation regarding the City's prior purchase offer, the Consortium re -opened negotiations with the City and a new purchase price of $150,000 was agreed upon by both parties. The attached resolution ratifies, approves and confirms the City Manager's action in authorizing the expenditure of $150,000 in Home Investment Partnership Program funding to acquire the subject properties prior to securing City Commission approval in order to protect the City's second mortgage position. DB/GCW/JBH - 2 - 01- 168 EXHIBIT "A" ADDRESS: LEGAL DESCRIPTION: FOLIO NUMBER: 1501 Northwest 59th Lots 19 & 20, Block 01-3114-035-2430 Street 13, Orange Heights, according to the Plat as recorded in Plat Book 14, at Page 62, of the Public Records of Dade County, Florida. 1270 Northwest 60th Lots 4 & 5, Block 6, 01-3114-043-0970 Street of Orchard Villa Extension, according to the Plat as recorded in Plat Book 17, at Page 55 of the Public Records of Dade County, Florida. 1320 Northwest 61st Lots 6 to 9 Inc., 01-3114-043-0690 Street Block 4, of Orchard Villa Extension, according to Plat as recorded in Plat Book 17, at Page 55 of the Public Records of Dade County, Florida. 1321 Northwest 61st Lots 29 & 30, Block 01-3114-043-0160 Street 1, of Orchard Villa Extension, according to the Plat as recorded in Plat Book 17, at Page 55 of the Public Records of Dade County, Florida. Page 5 of 4 01— 168 1370 Northwest 61st Lots 3 through 5 01-3114-043-0660 Street Inc., Block 4, of Orchard Villa Extension, according to the Plat as recorded in Plat Book 17, at Page 55 of the Public Records of Dade County, Florida. Page 6 of 4 0l- 168