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File ID: #15901
Resolution
Sponsored by: Commissioner Miguel Gabela
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT OF
DECLARATION OF RESTRICTIVE COVENANTS RUNNING WITH THE LAND
APPROVED PURSUANT TO RESOLUTION NOS. R-18-0497 & R-19-0311
("COVENANT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO ALLOW MIXED -
USE, MIXED -INCOME, MULTIFAMILY HOUSING DEVELOPMENT OF THE
PROPERTY IDENTIFIED AS FOLIO(S): 01-0106-070-2010, 01-0106-070-2020, AND
01-0106-070-2060, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "C" OF THE
COVENANT, ATTACHED AND INCORPORATED (THE "PROPERTY"); PROVIDING
THAT A MINIMUM OF FIFTY PERCENT (50%) OF ALL RESIDENTIAL UNITS OF THE
DEVELOPMENT SHALL BE RENTED TO TENANTS WHOSE INCOMES ARE AT OR
BELOW ONE HUNDRED TWENTY PERCENT (120%) OF THE AREA MEDIAN
INCOME, AS DETERMINED BY THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT; PROVIDING THAT THE PROPERTY (INCLUDING
ANY IMPROVEMENTS THEREON) MAY BE GROUND LEASED TO AN ENTITY
WHERE A YWCA OF MIAMI-DADE, INC., A FLORIDA NOT FOR PROFIT
CORPORATION, AFFILIATE HAS AN OWNERSHIP INTEREST IN SAID GROUND
LESSEE ENTITY AND THE PROPERTY SHALL BE USED FOR THE INTENDED
PURPOSES SET FORTH IN THE COVENANT; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING
AMENDMENTS AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID FIRST AMENDMENT
OF THE COVENANT.
City of Miami
Legislation
Resolution
Enactment Number: R-24-0159
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15901 Final Action Date:4/25/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT OF
DECLARATION OF RESTRICTIVE COVENANTS RUNNING WITH THE LAND
APPROVED PURSUANT TO RESOLUTION NOS. R-18-0497 & R-19-0311
("COVENANT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO ALLOW MIXED -
USE, MIXED -INCOME, MULTIFAMILY HOUSING DEVELOPMENT OF THE
PROPERTY IDENTIFIED AS FOLIO(S): 01-0106-070-2010, 01-0106-070-2020, AND
01-0106-070-2060, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "C" OF THE
COVENANT, ATTACHED AND INCORPORATED (THE "PROPERTY"); PROVIDING
THAT A MINIMUM OF FIFTY PERCENT (50%) OF ALL RESIDENTIAL UNITS OF THE
DEVELOPMENT SHALL BE RENTED TO TENANTS WHOSE INCOMES ARE AT OR
BELOW ONE HUNDRED TWENTY PERCENT (120%) OF THE AREA MEDIAN
INCOME, AS DETERMINED BY THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT; PROVIDING THAT THE PROPERTY (INCLUDING
ANY IMPROVEMENTS THEREON) MAY BE GROUND LEASED TO AN ENTITY
WHERE A YWCA OF MIAMI-DADE, INC., A FLORIDA NOT FOR PROFIT
CORPORATION, AFFILIATE HAS AN OWNERSHIP INTEREST IN SAID GROUND
LESSEE ENTITY AND THE PROPERTY SHALL BE USED FOR THE INTENDED
PURPOSES SET FORTH IN THE COVENANT; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING
AMENDMENTS AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID FIRST AMENDMENT
OF THE COVENANT.
WHEREAS, the Miami City Commission adopted Resolution No. R-18-0497, on
November 15, 2018, authorizing the City Manager to execute the Declaration of Restrictive
Covenants Running with the Land ("Covenant") allowing Miami -Dade County ("County") to
convey a portion of the Property, as defined herein, to the Florida Department of Transportation
("FDOT") and to convey the remaining portion of the Property to the YWCA of Greater Miami -
Dade, Inc., a Florida Not for Profit Corporation ("YWCA"); and
WHEREAS, the Miami City Commission subsequently adopted Resolution R-19-0311,
on July 25, 2019, approving modifications to the Covenant; and
WHEREAS, the sole modification to the Covenant was to allow the County to convey the
Property to YWCA's wholly owned subsidiary YWCA -MG HOLDINGS, LLC ("YWCA
Subsidiary"); and,
WHEREAS, the County conveyed the Property to the YWCA Subsidiary, which is now
the successor -in -interest to County with respect to the Property; and
WHEREAS, the YWCA Subsidiary has requested further modifications of the Covenant
to allow for mixed -use, mixed -income, multifamily housing development of the Property; and
WHEREAS, the Property (including any improvements thereon) may be ground leased
to an entity where a YWCA Affiliate has an ownership interest in said ground lessee entity and
the Property shall be used for the Intended Purposes set forth in the Covenant; and
WHEREAS, a minimum of fifty percent (50%) of all residential units of the development
shall be rented to tenants whose incomes are at or below one hundred twenty percent (120%)
of the area median income, as determined by the U.S. Department of Housing and Urban
Development;
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Manager is authorized' to execute the First Amendment of the
Covenant, in substantially the attached form, to allow for mixed -use, mixed -income, multifamily
housing development of the Property.
Section 3. The Property (including any improvements thereon) may be ground leased to
an entity where a YWCA Affiliate has an ownership interest in said ground lessee entity and the
Property shall be used for the Intended Purposes set forth in the Covenant.
Section 4. The City Manager is further authorized' to execute any and all necessary
documents, including amendments and modifications, in a form acceptable to the City Attorney,
as may be necessary to effectuate said amendment of the Covenant.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ge . Wye ng Ilf, C y ttor' -y 4/16/2024
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, 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