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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN City of Miami BE SEEN AT END OF THIS DOCUMENT. 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 R ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.`_' c Cn CD SPONSOR(S): Commissioner Manolo Reyes --I -`irk -o -,-- 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 beingaewel tod into affordable housing; and m cn 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 13491 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 13491 Enactment Number: R- 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: 1 I C, T, � '. '. �; N ria dez, C6y Attor ey 2/28/2023 ria dez. i y Attor iey c-67R4/2C23 =tc- � 9 7 -,r O', t CW f !T! ' The herein authorization is further subject to compliance with all legal requirements that mayzbe Cn 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: 614/2023 SUBSTITUTED '0N op, �= !�s City of Miami Legislation z I 0 R,p Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com/ File Number: 13491 Final Actio A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT( , BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED P BLIC HEARING, PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF TH CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-72(B) OF THE CO E OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE SAL , WITH AFFORDABLE HOUSING RESTRICTIONS AND AUTOMATIC REV TER PROVISIONS, OF THE PROPERTIES APPROXIMATELY LOCAT D AT 12 SOUTHWEST 47 AVENUE, 2601 SOUTHWEST 13 STREET, 1 SOUTHWEST 51 PLACE (A AND B), 700 SW 63 AVENUE, AND 632 SOUTHW T 63 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EX IT "A", ATTACHED AND INCORPORATED, TO QUALIFIED APPLICANTS IN COM LIANCE WITH THE CITY'S MIAMI FOREVER AFFORDABLE HOUSING LIMITED VALOREM BONDS REGULATIONS AND PROGRAMS, AS MAY BE AME DED, AND ANY OTHER APPLICABLE FEDERAL, STATE, AND LOCAL LAW , RULES AND REGULATIONS, - AUTHORIZING THE CITY MANAGER TO NEGOT ATE AND EXECUTE ANY!ANMALL NECESSARY DOCUMENTS, IN A FORM ACC TABLE TO THE CITY ATTCRNP, FOR SAID PURPOSE.' a �I WHEREAS, the City of Miami ("City") is a owner of the properties describe xtmit C-) ;� "A", attached and incorporated (collectively, " roperties"), which are currently being dbyplopsd -' into affordable housing; and r, r WHEREAS, once the homes o the Properties are fully constructed, they will boolvn an amount allowed under United Sta s Department of Housing and Urban Developmend regulations, for affordable homeo ership housing to eligible applicants whose annual income is at or below one hundred perc t (100%) of area median income as published annually by the United States Department of using and Urban Development ("Qualified Applicants"), through purchase and sale reements, quit claim deeds containing automatic reverter provisions, and restrictive venants running with the land, in compliance with the City's Miami Forever Affordable Hous' g Limited Ad Valorem Bonds regulations and programs, as may be amended, Resolution o. R-23-0071 adopted on February 9, 2023, and any other applicable Federal, State, and I cal laws, rules and regulations (collectively, "Programs"); and WHER , each home's purchase price cannot be more than the maximum purchase price for newFandstruction as published by the United States Department of Housing and Urban DevelWme , EREAS, the affordable housing restrictions and automatic reverter provisions co ntai d in the conveying instrument(s) shall require that the Properties automatically revert to the ty if the Properties are used in a manner that is inconsistent with the requirements City's re lations and programs, as may be amended, and any other applicable laws, rules and r gulations; 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 -] SUBSTITUTED 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, whi shall feature a City resident preference; and i WHEREAS, the City's Administration recommends the sale, with affordable hou ing restrictions and automatic reverter provisions, of the Properties to Qualified Applican in compliance with the City's Programs; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIO/OFT CITY OF MIAMI,FLORIDA: Section 1. The recitals and findings contained in the Preambleolution are adopted by reference and incorporated as if fully set forth in this Sectio Section 2. By a four -fifths (4/5ths) affirmative vote, after anAdvertised public hearing, pursuant to Sections 29-B(a) of the City Charter and Section 18- (B) of the Code of the City of Miami, Florida, as amended ("City Code"), the sale, with afford le housing restrictions and automatic reverter provisions, of the Properties to Qualified plicants, in compliance with the City's Programs, is authorized.' Section 3. The City Manager is further aut necessary documents, in a form acceptable to the Section 4. This Resolution shall APPROVED AS TO FORM AND 6d' to negotiate and execute any and all Attorney, for said purpose. immediately upon its adoption. 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.