HomeMy WebLinkAboutR-92-0022J-92-47
12/17/91
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RESOLUTION N0. � � 92�
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO EXECUTE A TERMINATION OF
REVERTER TERMINATING THE RIGHT OF ENTRY AND
THE RIGHT OF REVERTER (COLLECTIVELY THE
"RIGHT OF REVERTER") HELD BY THE CITY OF
MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM,
PURSUANT TO (I) THAT CERTAIN DEED FROM THE
CITY OF MIAMI TO ST. JOHN COMMUNITY
DEVELOPMENT CORPORATION, INC. DATED
DECEMBER 21, 1990, RECORDED IN OFFICIAL
RECORDS BOOK 14990, AT PAGE 1797 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND
(II) THAT CERTAIN CORRECTIVE DEED FROM THE
CITY OF MIAMI TO ST. JOHN COMMUNITY
DEVELOPMENT CORPORATION DATED AUGUST 22,
1991, RECORDED IN OFFICIAL RECORDS BOOK
15302, AT PAGE 2941 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA, (COLLECTIVELY THE
"DEEDS"); FURTHER, CONSENTING TO THE FILING
OF A RESTRICTIVE COVENANT IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, IN LIEU OF
THE RIGHT OF REVERTER, WHEREBY THE LAND
CONVEYED BY SAID DEEDS WILL ALWAYS BE SUBJECT
TO THE AFFORDABLE HOUSING PRICE RESTRICTIONS
AS SET FORTH IN THAT CERTAIN RENTAL
REGULATORY AGREEMENT BETWEEN ST. JOHN HOUSING
LIMITED PARTNERSHIP AND DADE COUNTY
DEPARTMENT OF SPECIAL HOUSING PROGRAMS, DATED
DECEMBER 12, 1991.
WHEREAS, pursuant to that certain deed from the City of
Miami (the "City") to St. John Community Development Corporation,
Inc. (the "Developer") dated December 21, 1990, recorded in
Official Recorded Book 14990 at Page 1797 of the Public Records
of Dade County, Florida, and that certain Corrective Deed from
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CITY C01MMLMSION
MEETING OF, ,
J A N 9 1992
92-- 22
RESOLUTION 010.
the City of Miami to St. John Community Development Corporation,
Inc. dated August 22, 1991, recorded in Official Records Books
15303 at Page 2941 of the Public Records of Dade County, Florida,
the City conveyed the land (the "Land"); as more particularly
described in Attachment "A", to the Developer for the
construction of affordable rental housing units (the "Project");
and
WHEREAS, as set forth in said Deeds the City reserved unto
itself the right to reenter and terminate (the "Right of
Reverter") the estate conveyed if the Developer failed to
complete construction of the Project within a prescribed period
of time; and
WHEREAS, as a consequence of the City's Right of Reverter,
the Developer had difficulty securing financing for the Project;
and
WHEREAS, the City is amenable to terminating the Right of
Reverter in order to assist the Developer in its development
efforts, provided the Developer agrees to a restrictive covenant
stipulating that the Land will always be subject to t'.ie
affordable housing price restrictions as set forth in that
certain Rental Regulatory Agreement between St. John Housing
Limited Partnership and Dade County Department of Special Housing
Programs, dated December 12, 1991;
. 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 hereby adopted by reference
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thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to execute
the Termination of Reverter, in substantially the attached form,
terminating the right of entry and the right of reverter
(collectively the "Right of Reverter") held by the City of Miami
pursuant to that certain deed from the City of Miami to St. John
Community Development Corporation, Inc., dated December 21, 1990,
recorded in Official Records Book 14990 at Page 1797 of the
Public Records of Dade County, Florida, and that certain
corrective deed from the City of Miami to St. John Community
Development Corporation, dated August 22, 1991, recorded in
Official Records Book 15303 at Page 2941 of the Public Records of
Dade County, Florida (collectively the "Deeds").
Section 3. The City Commission hereby consents to the
filing of a restrictive covenant in the Public Records of Dade
County, Florida, in lieu of the Right of Reverter, whereby the
land. conveyed by said Deeds will be subject to the affordable
housing price restrictions as set forth in that certain Rental
Regulatory Agreement between St. John Housing Limited Partnership
and Dade County Department of Special Housing Programs, dated
December 12, 1991.
Section 4. This Resolution shall become effective
immediately upon its adoption.
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92-- 22
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PASSED AND ADOPTED this 9th 4'%' ^f January
ATTE s
MA Y HIRAI
City Clerk
PREPARED AND APPROVED BY:
LIN KELLY KEARSON
Assistant City Atto
APPROVED AS TO FORM AND
CORRECTNESS:
-A
City ttor y
LKK/pb/M2708
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, 1992.
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This Instrument Prepared By:
Linda Kelly Kearson, Esquire
City Attorney's Office
City of Miami
300 Biscayne Boulevard Way
Suite 300
Miami, Florida 33131
This Termination of Reverter, made this day of
, 1992, A.D., between CITY OF MIAMI, Dade
County, a municipal Corporation of the Sate of Florida, the party
of the first part, and ST. JOHN COMMUNITY DEVELOPMENT
CORPORATION, INC. of the County of Dade, the party of the second,
part,
WITNESSETH: that pursuant to that certain Deed from the
City of Miami to St. John Community Development Corporation, Inc.
dated December 21, 1990, recorded in official Records Book 14990
at Page 1797 of the Public Records of Dade County, Florida and
that certain Corrective Deed from the City of Miami to St. John
Community Development Corporation, Inc. dated August 22, 1991,
recorded in Official Records Book 15303 at Page 2941 of the
Public Records of Dade County, Florida (collectively the "Deeds")
the party of the first part conveyed to the party of the second
part, its heirs and assigns forever, the following described land
(the "Land") to -wit:
First Parcel
Lot 7 and the West 8 feet of Lot 6, Block 9 of SOST' S
SUBDIVISION Plat Book "B" Page 27 of the Public Records
of Dade County, Florida
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Second Parcel
Lots 2, 3, 4, and 5 and the East 42 feet of Lot 6 in
Block 9 of SOST'S SUBDIVISION Plat Book "B" at Page 27
of the Public Records of Dade County, Florida
Third Parcel
Lots 1, 2, 13, and 14 in Block 1 of SOST'S SUBDIVISION,
according to the Plat thereof recorded in Plat Book "B"
at Page 27 of the Public Records of Dade County,
Florida, less and excluding therefrom that portion of
Lots 1 and 2 more particularly described as follows:
Begin on the East line of said Lot 1 at a
point 70.80 feet North 2022102" West from the
So8theast corner of said Lot 1, thence North
64 02'26" West 113.24 feet to t8e West line
of said Lot 2, thence North 2 33'32" West
84.98 feet along said West line to the
Northwest corner of said Lot 2, then North
87 38'32" East 99.88 feet along the North
line of said Lots 2 and 1 to the No6theast
corner of said Lot 1, thence South 2 22'02"
East 138.64 feet along the East line of said
Lot 1 to the Point of Beginning
but if the party of the second part fails to complete
construction of the rental housing units on the Project
Development Site (as is required by the "Memorandum of
Agreement" between the parties hereto, dated
December 21, 1990) within 18 months of the date of the
conveyance of the Project Development Site pursuant to
that certain deed dated December 21, 1990 and filed
April 19, 1991 under Clerk's File No. 91RI27774 as
recorded in Official Records Book 14990 at Page 1797,
of the Public Records of Dade County, Florida, the
party of the first part may enter and terminate the
estate conveyed. For purposes of this paragraph,
construction will be considered completed when a
certificate of occupancy has been issued by the
relevant unit of local government for the Project
Development Site.
WITNESSETH: pursuant to said Deeds the party of the first
part reserved unto itself the right to enter and terminate the
estate (the "Right of Reverter") conveyed if the party of the
second part failed to complete construction of rental housing
units on the Land within a certain prescribed period of time.
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WITNESSETH: that for and in consideration of affordable the
sum of Ten Dollars and other good and valuable consideration,
receipt whereof is hereby acknowledged and pursuant to that
certain Resolution No. , the party of the first part does
hereby terminate its right of Reverter provided the party of the
second part files a restrictive covenant in the Public Records of
Dade County, Florida, whereby the Land conveyed by said Deeds
will be subject to the affordable housing price restrictions as
set forth in that certain Rental Regulatory Agreement between
St. John Housing Limited Partnership and Dade County Department
of Special Housing Programs, dated December 12, 1992.
IN WITNESS WHEREOF, the said party of the first part has
caused these presents to be executed in its name by its City
Commission acting by its City Manager, the day and year
aforesaid.
ATTESTED:
MATTY HIRAI
City Clerk
CITY OF MIAMI, a municipal
Corporation of the State
of Florida
CESAR H. ODIO
City Manager
APPROVED AS TO FORM AND CORRECTNESS:
A. QUINN JONES, III
City Attorney
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9 2 --- 22
STATE OF FLORIDA)
)SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me on this
day of , 1991 by CESAR H. ODIO, City
Manager of the City of the Miami, Dade County, a Municipal
Corporation of the State of Florida.
Notary Public State of Florida
My Commission Expires:
Identification Information (Section 689:02(2),
Statutes)
Property Appraiser's Parcel Identification Numbers:
01-3136-37-0410
01-3136-37-0400
01-3136-37-0010
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Florida
22
TO
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor an,d Members DATE : Kil 2 01991 FILE
of the City Commission
Cesar H. Od
City Manage
RECOMMENDATION:
SUBJECT: Resolution Relating to
St. John CDC Affordable
Rental Housing Project
REFERENCES: City Commission Agenda
ENCLOSURES: Item - January 9, 1992
TJ
It is respectfully recommended that the City Commission adopt the
attached resolution related to the development of a 35 unit
affordable rental housing project, presently under construction
in the Overtown neighborhood, by St. John Community Development
Corporation. The attached resolution authorizes the execution of
a Termination of Reverter between the City and St. John Community
Development Corporation, terminating the right of entry provision
and the right of reverter provision incorporated in the City's
deed and corrective deed dated December 21, 1990 and August 22,
1991, respectively.
The attached resolution further authorizes the filing of a
restrictive covenant provision in lieu of the right of reverter
provision, incorporated in the City's deeds which conveyed Sites
10 and 11 to the project sponsor for the development of the
aforementioned housing project.
The restrictive covenant provision will require that the housing
project remain affordable to low and moderate income families
based on the rent levels set forth in the rent regulatory
agreement executed between St. John Community Development
Corporation, Inc. and Dade County's Department of Special Housing
Programs dated December 12, 1991.
BACKGROUND:
The Department of Develoment
ratification of the attached
development of the 35 unit
under construction by St. John
on former City -owned Sites
neighborhood.
and Housing Conservation recommends
resolution in connection with the
rental housing project, currently
Community Development Corporation,
10 and 11 in the Overtown
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St. John Affordable Rental Housing Project
Page - 2 -
To date, St. John Community Development Corporation has secured
approximately $997,500 in construction and permanent financing
from Dade County through the County's Documentary Surtax Program.
Moreover, the project sponsor has also secured construction and
permanent financing commitments in the amount of $729,000 and
$197,100, respectively, from Safra Bank, in addition to a $50,000
loan from Greater Miami Neighborhoods, Inc. to assist in
financing the project. $365,250 in City financial assistance has
also been provided to develop the project.
On December 12, 1991, the closing for project construction
financing occurred between St. John Community Development
Corporation, Dade County and Safra Bank for the project. The
Safra Bank loan was closed in escrow pending the City
Commission's ratification of the attached resolution authorizing
the execution of a Termination of Reverter between the City and
St. John CDC, terminating the right of entry provision and the
right of reverter provision incorporated in the City's deed and
corrective deed dated December 21, 1990 and August 22, 1991,
respectively. This legislative action is being requested by the
City Administration in order to resolve Safra Bank's concerns
relative to the City's deed requirement that St. John CDC
completed the housing project within eighteen (18) months from
the date of conveyance (December 21, 1990) or the land may revert
back to the City.
It is recommended that a restrictive convenant be filed in lieu
of the right of reverter provision. This would insure that the
housing project remain affordable to low and moderate income
families in the future based on the rent level restrictions set
forth in the rental regulatory agreement executed between St.
John Community Development Corporation and Dade County's
Department of Special Housing Programs dated December 12, 1991.
In order to insure the completion of this much needed affordable
housing project in the Overtown neighborhood, City Commission
— ratification of the attached resolution is recommended.
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members DATE
of the ity Commission
Z
SUBJECT
FROM : REFERENCES
Cesar H. Odio
O)K City Manager ENCLOSURES:
RECOMMENDATION:
C� G 6; ? U 1991 FILE
AUTOMATED MEDICAL SERVICES;
Contract Extension
It is respectfully recommended that the City Commission adopt a
resolution authorizing the City Manager to extend the existing
contract, dated January 24, 1990, between the City and Automated
Medical Services for the billing of Rescue services. This
extension will constitute the second and final renewal of the
agreement which provided for two (2) twelve-month extension
periods.
We estimate that the cost of these collection services for the
period of January 1, 1992 to December 31, 1992 will be $180,000.
These fees will be paid from a projected revenue of $1,000,000
from the Rescue Transport fee.
BACKGROUND:
On November 30, 1989, the commission passed Resolution #89-1034,
which approved a contract with Automated Medical Services (AMS)
for collection of Rescue Transport fees for the Department of
Fire, Rescue and Inspection Services. The resolution approved
the expenditure of $52,000 to AMS for the service from an
estimated $480,000 in revenues.
On January 1, 1991, the contract was amended to give AMS
additional incentives in hope of increasing revenues. The
performance of AMS has exceeded expectations. It is anticipated
that revenues for 1992 will be $1,000,000 or greater, that will
result in $180,000 in incentive payment fees to AMS.
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D c'F erAt,�.E
92- 22.1
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To Judy Carter DATE December b . , 199, FILE
Chief Procurement Officer
Department of General Services & SUBJECT: Automated Medical Services
Solid Wastei� Contract
FROM :
REFERENCES:
C. VeVezDirector
Departmeire, Rescue & ENCLOSURESnspectiices
This department has verified available funding with the
Department of Budget that funds are available to cover the cost
of the contract extension in the amount of $180,000 for incentive
payments for FY 1991-92, Account Code #280501-340.
BUDGETARY REVIEW & APPROVED BY:
Manohar Sur 'I"
Director
Department
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