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Resolution
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Miami, FL 33133
www.ci.miami.fl,us
File Number: 05-00040 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING, DIRECTING AND CONFIRMING THE REVERSION OF THE
PARCELS OF LAND PREVIOUSLY CONVEYED TO BAME DEVELOPMENT
CORPORATION OF SOUTH FLORIDA, INC., LEGALLY DESCRIBED IN "EXHIBIT
A," ATTACHED AND INCORPORATED, TO THE CITY OF MIAMI, WITH SAID
TERMS AS DESCRIBED HEREIN.
WHEREAS, pursuant to Resolution No. 95-303, adopted May 1,1995, the amount of $125,000 of
Home Investment Partnership Program ("HOME") funds were allocated to BAME Development
Corporation of South Florida, Inc. ("BAME") for the purpose of financing housing development of one
hundred and two (102) new homeownership housing units; and
WHEREAS, pursuant to Resolution No. 96-320, adopted May 23,1996, the amount of $800,000 of
HOME/State Housing Initiatives Partnership funds were allocated to BAME for the purpose of
providing construction financing and permanent second mortgage financing to prospective
homebuyers for a forty (40) unit housing project which was modified from the original one hundred and
two (102) housing units; and
WHEREAS, pursuant to Resolution No. 98-779, adopted July 21, 1998, the City Manager was
directed to execute a tri-party agreement with BAME and the Southeast Overtown/Park West
Community Redevelopment Agency ("SEOPW/CRA") and funded said agency with a total of $538,040
for the development of the New Hope Overtown project; and
WHEREAS, pursuant to Resolution No. 00-953, adopted October 26, 2000, the City Commission
accepted the plat entitled New Hope Overtown; and
WHEREAS, on October 11, 2002, the Housing and Commercial Loan Committee approved the
award amount of $538,040 to BAME, extended the contract through December 31, 2003 and reduced
the affordable units from forty (40) to twenty-one (21) single-family homes, with the remaining houses
to be sold at market rate; and
WHEREAS, pursuant to Resolution No. 00-1092, adopted December 14, 2000, the City
Commission conveyed certain vacant City -owned parcels of land to BAME for the development of the
New Hope/Overtown Housing Project; and
WHEREAS, this was contingent upon construction, completion and the sale of forty (40) new
single-family homes within twenty-four (24) months from the date said Resolution was adopted; and
WHEREAS, pursuant to Resolution No. 01-377, adopted April 26, 2001, the City Commission
certified that the forty (40) unit project was consistent with the City of Miami's ("City's") Comprehensive
Neighborhood Plan and Five Year Consolidated Plan and all applicable affordable housing regulations;
and
City of Miami
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File Number: 05-00040
WHEREAS, pursuant to Resolution No. 03-712, adopted June 24, 2003, the City Commission
granted said agency with an extension until December 31, 2004, to complete construction, released
the City and the SEOPW/CRA from the obligation to provide marketing for said project and held BAME
solely responsible for marketing the forty (40) unit housing project; and
WHEREAS, said project construction ceased as of December 2003; and
WHEREAS, in January 2004, Cazo Construction, BAME'S general contractor, requested payment
for work on nine (9) homes, and informed BAME that construction would not resume until payment
was received; and
WHEREAS, the Department of Community Development informed BAME that prior to the
disbursement of funds, issues related to the Major Use Special Permit expiration date and securing the
conventional financing for the project had to be resolved; and
WHEREAS, as of December 31, 2004, said agency defaulted in its loan obligations in the total
amount of $1,462,455.57, under its HOME Loan Agreement with the City, dated September 3, 2003
and other loan documents executed in connection therewith with regard to BAME's New Hope/
Overtown project; and
WHEREAS, said agency was given sufficient opportunities, funding assistance and contract
extensions to meet deadlines and cost expenditures but still failed to meet their contractual obligations
with the City;
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 reversion of the parcels of land previously conveyed to BAME, legally described in
"Exhibit A," attached and incorporated, to the City, is authorized, directed and confirmed.
Section 3. BAME will promptly convey by deed to the City the parcels of land as described in
"Exhibit A," attached and incorporated.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor {2}.
APPROVED AS TO FORM AND CORRECTNESS:/
,!JORGE L. FERNA IDEZ k.tvk
CITY ATTORNEY
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File Number: 05-00040
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 (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.
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