HomeMy WebLinkAboutR-04-0289City of Miami
Legislation
Resolution: R-04-0289
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00428 Final Action Date: 5/6/2004
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
City of Miami
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File Number: 04-00428 Enactment Number: R-04-0289
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
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 11th 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}
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File Number: 04-00428 Enactment Number: R-04-0289
Footnotes:
{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.
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