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HomeMy WebLinkAboutPre Legislation 3File Number: 04-00428 Enactment Number: R-04-0289 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO DECLARE CERTAIN CITY -OWNED PROPERTIES LOCATED AT 3255 NORTHWEST 11TH COURT, 3245 NORTHWEST 11TH COURT, AND 1264 NORTHWEST 31ST STREET, MIAMI, FLORIDA ("PROPERTIES") SURPLUS, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; DESIGNATING ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION ("PURCHASER"), TO UNDERTAKE THE DEVELOPMENT OF THREE (3) TWIN HOMES, AFFORDABLE TO VERY LOW, LOW AND/OR MODERATE -INCOME FAMILIES AND/OR INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, AND TO CONSUMMATE THE TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, AND THE TERMS STATED HEREIN, WHICH TERMS MAY BE SOLELY AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY TO EFFECT SUCH TRANSACTION IN AN EXPEDITIOUS MANNER. WHEREAS, the City of Miami ("City") has a severe shortage of housing within the affordability range of families and individuals of very low, low and moderate -income; and WHEREAS, the City recognizes that the participation of both the public and private sector is necessary to foster the development of housing affordable to very low, low and moderate -income families and individuals in the City; and WHEREAS, on April 7, 2004, the Allapattah Business Development Authority, Inc., a not-for-profit corporation ("Purchaser"), requested that the City donate three (3) vacant City -owned parcels in the Allapattah area ("Properties"); and WHEREAS, the donation of land would allow the Purchaser to proffer any savings in total cost of the residence to the homebuyer because the land is acquired without cost; and WHEREAS, currently the Properties sit vacant, represent a maintenance cost and liability to the City, and do not generate ad valorem taxes; and WHEREAS, Section 29B of the City Charter exempts affordable housing developments from the competitive bidding requirements; and WHEREAS, the City agrees to convey the Properties to Purchaser on the condition that the Properties shall only be used to provide (3) three twin homes to be occupied by individuals and/or families within the economic affordability range of very low, low and/or moderate income families and/or individuals, based on criteria established by federal and/or state law; and City of Miami Page I of 3 R-04-0289 City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 Certified Copy www.miamigov.com I�C11� OA T[0 1 ; File Number: 04-00428 Enactment Number: R-04-0289 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO DECLARE CERTAIN CITY -OWNED PROPERTIES LOCATED AT 3255 NORTHWEST 11TH COURT, 3245 NORTHWEST 11TH COURT, AND 1264 NORTHWEST 31ST STREET, MIAMI, FLORIDA ("PROPERTIES") SURPLUS, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; DESIGNATING ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION ("PURCHASER"), TO UNDERTAKE THE DEVELOPMENT OF THREE (3) TWIN HOMES, AFFORDABLE TO VERY LOW, LOW AND/OR MODERATE -INCOME FAMILIES AND/OR INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, AND TO CONSUMMATE THE TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, AND THE TERMS STATED HEREIN, WHICH TERMS MAY BE SOLELY AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY TO EFFECT SUCH TRANSACTION IN AN EXPEDITIOUS MANNER. WHEREAS, the City of Miami ("City") has a severe shortage of housing within the affordability range of families and individuals of very low, low and moderate -income; and WHEREAS, the City recognizes that the participation of both the public and private sector is necessary to foster the development of housing affordable to very low, low and moderate -income families and individuals in the City; and WHEREAS, on April 7, 2004, the Allapattah Business Development Authority, Inc., a not-for-profit corporation ("Purchaser"), requested that the City donate three (3) vacant City -owned parcels in the Allapattah area ("Properties"); and WHEREAS, the donation of land would allow the Purchaser to proffer any savings in total cost of the residence to the homebuyer because the land is acquired without cost; and WHEREAS, currently the Properties sit vacant, represent a maintenance cost and liability to the City, and do not generate ad valorem taxes; and WHEREAS, Section 29B of the City Charter exempts affordable housing developments from the competitive bidding requirements; and WHEREAS, the City agrees to convey the Properties to Purchaser on the condition that the Properties shall only be used to provide (3) three twin homes to be occupied by individuals and/or families within the economic affordability range of very low, low and/or moderate income families and/or individuals, based on criteria established by federal and/or state law; and City of Miami Page I of 3 R-04-0289 File Number: 04-00428 Enactment Number: R-04-0289 WHEREAS, in an effort to promote the development of new affordable housing in the City, the Administration recommends the conveyance of the Properties to Purchaser for the development of three (3) new twin homes, subject to certain terms and conditions; and WHEREAS, the Purchase and Sale Agreement ("Agreement") shall contain the following conditions precedent to the conveyance of the properties: (1) Purchaser shall furnish to the City evidence that it has the funds necessary to construct the improvements; (2) Purchaser shall furnish evidence that it has secured a buyer for the improved Properties who satisfy the applicable affordable housing income test requirements; (3) Purchaser shall submit a copy of the construction contract for the construction; and (4) Purchaser shall furnish evidence that it is ready to commence construction within six (6) months from the date of closing and to complete construction of the improvements within twelve (12) months of commencement; 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. Certain City -owned properties located at 3255 Northwest 11 th Court, 3245 Northwest 11th Court, and 1264 Northwest 31st Street, Miami, Florida ("Properties"), as more particularly described in "Exhibit A," attached and incorporated, are declared surplus. Section 3. The City Manager is authorized{1} to execute an Agreement, in substantially the attached form with Allapattah Business Development Authority, Inc., a Florida Not -For -Profit Corporation ("Purchaser"), for the development of (3) twin homes, affordable to very low, low and/or moderate -income families and/or individuals and to consummate the transaction in accordance with the terms and conditions of the Agreement, which terms may be solely amended by the City Manager as may be necessary to effect such sale in an expeditious manner. Section 4. The City of Miami does not warrant the sufficiency of its title nor any interest it may have in the Properties, nor does it make any covenant whatsoever as to the Properties, which are being conveyed to Purchaser "AS IS" and 'WHERE IS" and which Properties, Purchaser accepts "AS IS" and 'WHERE IS." Section 5. Purchaser shall pay any and all expenses existing at this time and incurred in the future relating to the Properties, including but not limited to all costs involved in the conveyance of title, all recording fees, documentary stamp taxes and any other fees, taxes or charges upon the Properties, as may exist at this time and from this day forth in the future. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Date: MAY 6, 2004 City of Miami Page 2 of 3 R-04-0289 File Number: 04-00428 Enactment Number: R-04-0289 Date: MAY 6, 2004 Mover: COMMISSIONER GONZALEZ Seconder: COMMISSIONER REGALADO Vote: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND TEELE Action: ADOPTED Date: MAY 13, 2004 Action: SIGNED BY THE MAYOR I, Priscilla A. Thompson, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that this constitutes a true and correct copy of Resolution No. R-04-0289, with attachments, passed by the City Commission on 5/6/2004. November 21, 2008 Date Certified {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. {2} 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. City of Miami Page 3 of 3 R-04-0289