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HomeMy WebLinkAboutPre Legislation 1File Number: 05-00443 Enactment Number: R-05-0347 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO DECLARE SURPLUS THE CITY -OWNED REAL PROPERTY LOCATED AT 779 NORTHWEST 57TH STREET, MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE SALE OF THE PROPERTY TO PROGRESSIVE VISION COMMUNITY DEVELOPMENT CORPORATION, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION TO UNDERTAKE THE DEVELOPMENT OF FOUR (4) CONDOMINIUM UNITS, AFFORDABLE TO VERY LOW, LOW AND/OR MODERATE -INCOME FAMILIES AND/OR INDIVIDUALS; FURTHER AUTHORIZING THE CITY MANAGER TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT AND ANY AMENDMENTS THERETO, AS MAY BE NECESSARY TO CONSUMMATE SUCH SALE 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 partnership of the public and private sector is necessary to foster the development of housing affordable to very low, low and moderate -income families and individuals within the City; and WHEREAS, on April 6, 2004, Progressive Vision Community Development Corporation, Inc., a not-for-profit corporation, ("Purchaser") requested that the City donate a vacant City -owned parcel located in the Model City area ("Property"); and WHEREAS, the donation of land would allow 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 Property sits vacant, representing a maintenance cost and liability to the City, and does 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 Property to the Purchaser on the condition that the Property shall only be used to provide (4) condominium units 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 or by the City Commission; and City of,viann Page 1 of 3 R-05-0347 City Hall City of Miami 3500 Pan American Drive Miami, FL 33133 ..:; Certified Copy www.miamigov.com File Number: 05-00443 Enactment Number: R-05-0347 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO DECLARE SURPLUS THE CITY -OWNED REAL PROPERTY LOCATED AT 779 NORTHWEST 57TH STREET, MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE SALE OF THE PROPERTY TO PROGRESSIVE VISION COMMUNITY DEVELOPMENT CORPORATION, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION TO UNDERTAKE THE DEVELOPMENT OF FOUR (4) CONDOMINIUM UNITS, AFFORDABLE TO VERY LOW, LOW AND/OR MODERATE -INCOME FAMILIES AND/OR INDIVIDUALS; FURTHER AUTHORIZING THE CITY MANAGER TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT AND ANY AMENDMENTS THERETO, AS MAY BE NECESSARY TO CONSUMMATE SUCH SALE 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 partnership of the public and private sector is necessary to foster the development of housing affordable to very low, low and moderate -income families and individuals within the City; and WHEREAS, on April 6, 2004, Progressive Vision Community Development Corporation, Inc., a not-for-profit corporation, ("Purchaser") requested that the City donate a vacant City -owned parcel located in the Model City area ("Property"); and WHEREAS, the donation of land would allow 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 Property sits vacant, representing a maintenance cost and liability to the City, and does 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 Property to the Purchaser on the condition that the Property shall only be used to provide (4) condominium units 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 or by the City Commission; and City of,viann Page 1 of 3 R-05-0347 File Number: 05-00443 Enactment Number: R-05-0347 WHEREAS, in an effort to promote the development of new affordable housing within the City, the Administration recommends the conveyance of the Property to the Purchaser for the development of (4) condominium units, subject to the provisions contained in the attached Purchase and Sale Agreement ("Agreement") and the following conditions: 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 buyers for the improved Property who satisfy the applicable affordable housing requirements; 3) Purchaser shall submit a copy of the construction contract for construction of the improvements and 4) Purchaser shall furnish evidence that it is ready to commence construction within twelve (12) months from the date of the conveyance and shall continue diligently with the construction of the Improvements to completion within twenty-four (24) months from the date of the closing; 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. The City Manager is authorized{1) to declare the City -owned real property located at 779 Northwest 57th Street, Miami, Florida, ("Property"), as more particularly described in "Exhibit A," attached and incorporated, as surplus. Section 3. The City Manager is authorized(1) to execute an Agreement, in substantially the attached form, for the sale of the Property to the Purchaser to undertake the development of four (4) condominium units, affordable to very low, low and/or moderate -income families and/or individuals and to consummate such transaction in accordance with the terms and conditions of the Agreement, and any amendments thereto, as may be necessary in order to effect such sale in an expeditious manner. Section 4. The City does not warrant the sufficiency of its title nor any interest it may have in the Property, nor does it make any covenant whatsoever as to the Property, which is being conveyed to Purchaser "AS IS" and which Property, Purchaser accepts "AS IS." Section 5. Purchaser shall pay any and all expenses existing at this time and incurred in the future relating to the Property, 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 Property, 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 26, 2005 City of Miami Page 2 of 3 R-05-0347 File Number: 05-00443 Enactment Number: R-05-0347 Date: MAY 26, 2005 Mover: COMMISSIONER ALLEN Seconder: COMMISSIONER WINTON Vote: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND ALLEN ABSENT: 1 - COMMISSIONER REGALADO Action: ADOPTED Date: JUNE 1, 2005 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-05-0347, with attachments, passed by the City Commission on 5/26/2005. November 14, 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-05-0347