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HomeMy WebLinkAboutR-23-0305City of Miami Resolution R-23-0305 Legislation File Number: 14244 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/13/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION AND APPROPRIATION OF MIAMI FOR EVERYONE ("MFE") PROGRAM FUNDS IN AN AMOUNT NOT TO EXCEED SEVEN MILLION AND 00/100 DOLLARS ($7,000,000.00) FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF MFE PROGRAMS ("FUNDS") TO CARVER THEATER, LTD., A FLORIDA LIMITED PARTNERSHIP ("DEVELOPER"), TO CONSTRUCT A NEW MIXED -USED AFFORDABLE HOUSING DEVELOPMENT THAT WILL CONTAIN NO LESS THAN FORTY (40) AFFORDABLE HOUSING UNITS FOR ELIGIBLE RESIDENTS WHOSE AVERAGE ANNUAL INCOME IS SIXTY PERCENT (60%) OF AREA MEDIAN INCOME, AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO BE KNOWN AS "LOFTS AT CARVER THEATRE", LOCATED AT 6016 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("PROJECT"), SUBJECT TO COMPLIANCE WITH THE CITY'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT GUIDELINES, THE RECEIPT BY THE CITY MANAGER OF THE WRITTEN APPROVAL OF THE PROJECT BY THE CITY'S HOUSING AND COMMERCIAL LOAN COMMITTEE AND SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED IN THE HCLC APPROVAL (COLLECTIVELY, "HCLC APPROVAL"), AND ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE HCLC APPROVAL. SPONSOR(S): Commissioner Christine King WHEREAS, on April 13, 2023, pursuant to Resolution No. R-23-0178, the City of Miami ("City") created the Miami For Everyone ("MFE") Program to assist communities City of Miami Page 1 of 4 File ID: 14244 (Revision:) Printed On: 712512023 File ID: 14244 Enactment Number: R-23-0305 facing the long- term complications resulting from declared emergencies and to address the specific needs of the most vulnerable residents and businesses, through a strategy of focusing the provision of support towards priority areas of need that will further stabilize economic conditions within City Districts; and WHEREAS, the MFE resolution established guidance and eligibility of the MFE Program funds for affordable housing projects; and WHEREAS, the MFE Program funding is subject to compliance with the City's Department of Housing and Community Development's ("HCD") rules, guidelines, processes, and procedures; and WHEREAS, on June 27, 2019, pursuant to Resolution No. R-19-0249 ("R-19- 0249"), the City Commission, pursuant to Section 29-13(a) of the City Charter, authorized the transfer, with CDBG program restrictions and automatic reverter provisions, of the Carver Theater located at 6016 Northwest 7th Avenue, Miami, Florida, as legally described in Exhibit "A," attached and incorporated ("Parcel"), to the Martin Luther King Economic Development Corporation, a Florida Not For Profit Corporation ("MLK EDC") for the redevelopment of the Parcel for affordable housing, subject to CDBG program restrictions, and/or for other eligible CDBG activities; and WHEREAS, on June 22, 2023, pursuant to Resolution No. R-23-0281 ("R-23- 0281"), the City Commission accepted, with CDBG program restrictions and automatic reverter provisions, the MLK EDC's updated proposal for the redevelopment of the Parcel to, inter alia, provide a minimum of forty (40) affordable housing units, subject to CDBG program restrictions and/or for other eligible CDBG activities ("Project"); and WHEREAS, the Project, which will be developed by Carver Theater, Ltd., a Florida Limited Partnership, which is a joint venture between MLK EDC and Atlantic Pacific Communities ("Developer"), will include the demolition of the existing theater and the construction of a mixed -use building which will consist of affordable apartment units, a performing arts center, and a parking garage, subject to the terms, requirements, and conditions described in R-23-0281; and WHEREAS, the proposed residential development of the Project known as Lofts at Carver Theatre will provide no fewer than forty (40) City of Miami -assisted affordable rental units ("City -Assisted Units") in District 5 ("Project"); and WHEREAS, the Project's affordable housing units will be one hundred percent (100%) affordable and will be occupied by eligible residents whose annual income will average sixty percent (60%) of area median income ("AMI") as published annually by the United States Department of Housing and Urban Development ("HUD") ("Eligible Residents") for a period of no less than thirty (30) years commencing on the date on which the Project has obtained all of the required Certificates of Occupancy (or Temporary Certificates of Occupancy, if applicable) and all of the City -Assisted Units have been leased to Eligible Residents; and City of Miami Page 2 of 4 File ID: 14244 (Revision:) Printed on: 7/25/2023 File ID: 14244 Enactment Number: R-23-0305 WHEREAS, Developer has applied to the City for funding in support of its Project, attached and incorporated herein as Exhibit "A;" and WHEREAS, the City's District 5 Commissioner ("Commissioner") wishes to provide funds from the Commissioner's share of the City's MFE Program funds in an amount not to exceed Seven Million and 00/100 Dollars ($7,000,000.00) ("Funds") for the pre -development and hard construction costs for the affordable housing component of the Project; and WHEREAS, it is anticipated that the Funds will be provided as a loan to the Developer; and WHEREAS, the City's Housing and Commercial Loan Committee ("HCLC") has not yet reviewed a completed proposal for the Project; and WHEREAS, MFE funding for the Project will be subject to receipt by the City Manager of HCLC approval and any terms, requirements, and conditions as may be set forth in said HCLC approval (collectively, "HCLC Approval"); and WHEREAS, subject to compliance with the City's Department of Housing and Community Development ("HCD") guidelines and HCLC Approval, the Developer has requested that the Funds be loaned to the Developer, in one (1) or more loans, on a reimbursement basis as a non -amortizable, forgivable loan at zero percent (0%) interest, with no pre -payment penalty, forgivable upon maturity which will coincide with the affordability period; and WHEREAS, subject to HCLC Approval, the Project shall commence construction within six (6) months of the date of the loan's closing as described in the HCLC Approval ("Closing"), the Project shall obtain all Certificates of Occupancy (or Temporary Certificates of Occupancy, as applicable) required for the Project within eighteen (18) months of the Closing, and the Project shall have all City -Assisted Units rented by Eligible Residents within twelve (12) months after the issuances of the Project's Certificates of Occupancy or Temporary Certificates of Occupancy, whichever shall occur first, but in no event later than thirty (30) months from Closing (collectively, "Benchmarks"), however, these Benchmarks may be modified by HCLC; and WHEREAS, MFE Program funding for the Project will also be subject to Developer's compliance with all other contracts or agreements it has with the City for the Parcel and/or the Project; and WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager has made a written finding, attached and incorporated as Exhibit "B," that competitive negotiation methods and procedures are not practicable or advantageous for the City's provision of the Funds for the proposed Project; and City of Miami Page 3 of 4 File ID: 14244 (Revision:) Printed on: 7/25/2023 File ID: 14244 Enactment Number: R-23-0305 WHEREAS, the City Manager is requesting authority from the City Commission to negotiate and execute any and all documents necessary, all in forms acceptable to the City Attorney, for the allocation of the Funds for the Project, subject to the receipt by the City Manager of the HCLC Approval; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's finding and recommendation, attached and incorporated as Exhibit "B," that competitive negotiation methods and procedures are not practicable or advantageous to the City pursuant to Section 18-85(a) of the City Code are ratified, approved, and confirmed and the requirements for said procedures are waived. Section 3. The City Manager is authorized' to allocate and appropriate Funds to Developer in order to implement the Project, on a reimbursement basis, subject to compliance with HCD guidelines, the receipt by the City Manager of the HCLC Approval and all federal, state, and local laws that regulate the use of such funds for said purpose. Section 4. The City Manager is further authorized1 to negotiate and execute any and all necessary documents, including any amendments, extensions and modifications, all in forms acceptable to the City Attorney, for said purpose, subject to receipt by the City Manager of the HCLC Approval. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 Mfta C-3ome7 4riai_ar a Gomez, Assist' a�the ity ttorney 7/3/2023 i ndez, City Httor ey 7/2412023 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 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 4 of 4 File ID: 14244 (Revision:) Printed on: 7/25/2023