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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City AttorneyV� for DATE: June 14, 2023 RE: Resolution No. R-23-0115 — Auth. Sale of Properties — Affordable Homes Miami Forever Bond File No. 13491 At its March 9, 2023, meeting, the City Commission adopted the above referenced agenda item, PH.10, approving and authorizing, by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, pursuant to Sections 29-B(a) of the City Charter and Section 18- 72(B) of the Code of the City of Miami, Florida, as amended ("City Code"), the sale, with affordable housing restrictions and automatic reverter provisions, of the properties approximately located at 12 Southwest 47 Avenue, 2601 Southwest 13 Street, 130 Southwest 51 Place (A and B), 700 Southwest 63 Avenue, and 632 Southwest 63 Avenue, Miami, Florida, to eligible applicants whose annual income is at or below one hundred percent (100%) of area median income as published annually by the United States Department of Housing and Urban Development, in compliance with the City's Programs. The item inadvertently published with an incorrect description of the effective date. The Legislation has been corrected and incremented to Revision A. VM/X, 65 )ESA/vja Enclosure(s) Co 'n N o -n t�j �i w c� r n c_ o Zr 1 w r r*i c-n x GJ1 139�1I JC2iooueS lUac>� P'tGww City of Miami City Hall 3500 Pan American Drive - Resolution R-23-0115 Miami, FL 33133 naii iuu www.miamigov.com Legislation File Number: 13491 Final Action Date: 3/9/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-72(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE SALE, WITH AFFORDABLE HOUSING RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, OF THE PROPERTIES APPROXIMATELY LOCATED AT 12 SOUTHWEST 47 AVENUE, 2601 SOUTHWEST 13 STREET, 130 SOUTHWEST 51 PLACE (A AND B), 700 SW 63 AVENUE, AND 632 SOUTHWEST 63 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO QUALIFIED APPLICANTS IN COMPLIANCE WITH THE CITY'S MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS REGULATIONS AND PROGRAMS, AS MAY BE AMENDED, AND ANY OTHER APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES AND REGULATIONS; AUTHORIZING THE CITY MANAGER TO NEGOTIA AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM --, ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. C) C70 SPONSOR(S): Commissioner Manolo Reyes `ir Cn WHEREAS, the City of Miami ("City") is the owner of the properties describ4tp E A4;bit "A", attached and incorporated (collectively, "Properties"), which are currently being-devel tod ' into affordable housing; and m cn x cn WHEREAS, once the homes on the Properties are fully constructed, they will be sold, in an amount allowed under United States Department of Housing and Urban Development regulations, for affordable homeownership housing to eligible applicants whose annual income is at or below one hundred percent (100%) of area median income as published annually by the United States Department of Housing and Urban Development ("Qualified Applicants"), through purchase and sale agreements, quit claim deeds containing automatic reverter provisions, and restrictive covenants running with the land, in compliance with the City's Miami Forever Affordable Housing Limited Ad Valorem Bonds regulations and programs, as may be amended, Resolution No. R-23-0071 adopted on February 9, 2023, and any other applicable Federal, State, and local laws, rules and regulations (collectively, "Programs"); and WHEREAS, each home's purchase price cannot be more than the maximum purchase price for new construction as published by the United States Department of Housing and Urban Development; and WHEREAS, the affordable housing restrictions and automatic reverter provisions contained in the conveying instrument(s) shall require that the Properties automatically revert to the City if the Properties are used in a manner that is inconsistent with the requirements City's City of Miami Page 1 of 2 File ID: 13491 (Revision: A) Printed On: 611412023 File ID: 13491 Enactment Number: R-23-0115 regulations and programs, as may be amended, and any other applicable laws, rules and regulations; and WHEREAS, Section 29-13(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"; and WHEREAS, the Qualified Applicants shall be selected by a lottery/random draw, which shall feature a City resident preference; and WHEREAS, the City's Administration recommends the sale, with affordable housing restrictions and automatic reverter provisions, of the Properties to Qualified Applicants in compliance with the City's Programs; 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. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, pursuant to Sections 29-13(a) of the City Charter and Section 18-72(B) of the Code of the City of Miami, Florida, as amended ("City Code"), the sale, with affordable housing restrictions and automatic reverter provisions, of the Properties to Qualified Applicants, in compliance with the City's Programs, is authorized.' Section 3. The City Manager is further authorized' to negotiate and execute any and all necessary documents, in a form acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: I -err N Vt6 w ria dez, i ttor �ey.)2/28/2023 ria dez, i y Attor iey c6M4/20 -3 rj Cl r- GJ _rn � ' The herein authorization is further subject to compliance with all legal requirements that ma�e'''be an imposed, including but not limited, to those prescribed by applicable City Charter and City Code provisions. 2 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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. City of Miami Page 2 of 2 File ID: 13491 (Revision: A) Printed on: 61412023 City of Miami City Hall Legislation 3500 Pan American Drive Miami, FL 33133 � � p R � Resolution www.miamigov.com File Number: 13491 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-72(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE SALE, WITH AFFORDABLE HOUSING RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, OF THE PROPERTIES APPROXIMATELY LOCATED AT 12 SOUTHWEST 47 AVENUE, 2601 SOUTHWEST 13 STREET, 130 SOUTHWEST 51 PLACE (A AND B), 700 SW 63 AVENUE, AND 632 SOUTHWEST 63 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO QUALIFIED APPLICANTS IN COMPLIANCE WITH THE CITY'S MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS REGULATIONS AND PROGRAMS, AS MAY BE AMENDED, AND ANY OTHER APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES AND REGULATIONS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY!ANMALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTO-tNP, FOR SAID PURPOSE.' a �I WHEREAS, the City of Miami ("City") is the owner of the properties describe .l%_it C-) "A", attached and incorporated (collectively, "Properties"), which are currently being dbyrlopsd into affordable housing; and r, r WHEREAS, once the homes on the Properties are fully constructed, they will boolvn an amount allowed under United States Department of Housing and Urban Developmend regulations, for affordable homeownership housing to eligible applicants whose annual income is at or below one hundred percent (100%) of area median income as published annually by the United States Department of Housing and Urban Development ("Qualified Applicants"), through purchase and sale agreements, quit claim deeds containing automatic reverter provisions, and restrictive covenants running with the land, in compliance with the City's Miami Forever Affordable Housing Limited Ad Valorem Bonds regulations and programs, as may be amended, Resolution No. R-23-0071 adopted on February 9, 2023, and any other applicable Federal, State, and local laws, rules and regulations (collectively, "Programs"); and WHEREAS, each home's purchase price cannot be more than the maximum purchase price for new construction as published by the United States Department of Housing and Urban Development; and WHEREAS, the affordable housing restrictions and automatic reverter provisions contained in the conveying instrument(s) shall require that the Properties automatically revert to the City if the Properties are used in a manner that is inconsistent with the requirements City's regulations and programs, as may be amended, and any other applicable laws, rules and regulations; 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"; and WHEREAS, the Qualified Applicants shall be selected by a lottery/random draw, which shall feature a City resident preference; and WHEREAS, the City's Administration recommends the sale, with affordable housing restrictions and automatic reverter provisions, of the Properties to Qualified Applicants in compliance with the City's Programs; 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. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, pursuant to Sections 29-B(a) of the City Charter and Section 18-72(B) of the Code of the City of Miami, Florida, as amended ("City Code"), the sale, with affordable housing restrictions and automatic reverter provisions, of the Properties to Qualified Applicants, in compliance with the City's Programs, is authorized.' Section 3. The City Manager is further authorized' to negotiate and execute any and all necessary documents, in a form acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 c) ria dez, City Attor iey 2/28/2023 -n N :> 3:-< 71 Z7 I 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.