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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #15949 Date: 04/22/2024 Commission Meeting Date: 06/18/2024 Type: Resolution Subject: Authorize - Sale of Properties Purpose of Item: Requesting Department: Department of Housing and Community Development Sponsored By: Miguel Gabela District Impacted: District 1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-72(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE SALE, WITH AFFORDABLE HOUSING RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, OF THE PROPERTIES APPROXIMATELY LOCATED AT 2115 NORTHWEST 18 STREET AND1924 NORTHWEST 26 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO QUALIFIED APPLICANTS IN COMPLIANCE WITH THE REQUIREMENTS OF THE CITY'S AMERICAN RESCUE PLAN ACT, THE HOME INVESTMENT PARTNERSHIPS PROGRAM, AND NEIGHBORHOOD STABILIZATION PROGRAM, ("COLLECTIVELY PROGRAMS"), AS MAY BE AMENDED, AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. Background of Item: The City of Miami ("City") is the owner of the properties described in Exhibit "A"; attached and incorporated (collectively "Properties"), which are currently being developed into affordable housing. Once the homes on the Properties are fully constructed, they will be sold, at or below cost, for affordable homeownership housing to eligible applicants whose annual income is equal to or less than eighty percent (80%) of area median income as published annually by the United States Department of Housing and Urban Development ("Qualified Applicants"), through purchase and sale agreements, quit claim deeds containing automatic reverter provisions, and restrictive covenants running with the land, in compliance with the requirements of the City's American Rescue Plan Act, the Home Investment Partnerships program, and Neighborhood Stabilization program, ("collectively programs"). Each home's purchase price cannot be more that the maximum purchase price for new construction as published by the United State Department of Housing and Urban Development. The affordable housing restrictions and automatic reverter provisions contained in the conveying instrument(s) shall require that the Properties automatically revert to the City if the Properties are used in a manner that is inconsistent with the requirements of the "Collectively Programs", during the thirty (30) year term. Section 29-B(a) of the Charter of the City of Miami, Florida, as amended ("City Charter"), provides for the waiver of competitive bidding and other requirements and when "conveying property to implement housing programs or projects which are intend to benefit persons or households with low and/or moderate, the criteria of which to be provided for the federal and/or state law or by the city commission". The Qualified Applicants shall be selected on a first come, first ready, first serve basis, and by requiring proof of the City of Miami residence as a condition of applicant eligibility, except for current City or Miami -Dade County first responders (including police, fire, and emergency medical personnel). The City's Administration recommends the sale, with affordable housing restrictions and automatic reverter provisions, of the Properties to Qualified Applicants in compliance with the City's Programs. Budget Impact Analysis Item is NOT Related to Revenue Item has NOT an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: N/A City Manager's Office Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Larry M. Spring Luis Hernandez -Torres Marie Gouin Arthur Noriega V Valentin J Alvarez Raymond Pereira Valentin J Alvarez George K. VVysong III Nicole Ewan Nicole Ewan Mayor's Office City Clerk's Office City Clerk's Office Assistant City Manager Review Budget Analyst Review Budget Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Approved Form and Correctness Meeting Meeting Completed Completed Completed Completed Completed Completed Skipped Completed Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 04/23/2024 10:42 AM 04/23/2024 2:49 PM 04/24/2024 9:27 AM 04/26/2024 6:11 PM 05/16/2024 10:15 AM 06/03/2024 5:37 PM 06/04/2024 9:14 AM 06/04/2024 2:22 PM 06/13/2024 9:00 AM 06/18/2024 9:00 AM 06/26/2024 2:21 PM 06/26/2024 2:53 PM 06/26/2024 2:53 PM City of Miami Legislation Resolution Enactment Number: R-24-0221 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15949 Final Action Date:6/18/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-72(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE SALE, WITH AFFORDABLE HOUSING RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, OF THE PROPERTIES APPROXIMATELY LOCATED AT 2115 NORTHWEST 18 STREET AND 1924 NORTHWEST 26 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO QUALIFIED APPLICANTS IN COMPLIANCE WITH THE REQUIREMENTS OF THE CITY OF MIAMI'S AMERICAN RESCUE PLAN ACT, THE HOME INVESTMENT PARTNERSHIPS PROGRAM, AND NEIGHBORHOOD STABILIZATION PROGRAM, (COLLECTIVELY "PROGRAMS"), AS MAY BE AMENDED, AND ANY OTHER APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES AND REGULATIONS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") is the owner of the properties located at 2115 Northwest 18 Street and 1924 Northwest 26 Street, Miami, Florida, as more particularly described in Exhibit "A," attached and incorporated (collectively "Properties"), which are currently being developed into affordable housing; and WHEREAS, once the homes on the Properties are fully constructed, they will be sold, at or below cost, for affordable homeownership housing to eligible applicants whose annual income is equal to or less than eighty percent (80%) of area median income as published annually by the United States Department of Housing and Urban Development ("Qualified Applicants"), through purchase and sale agreements, quit claim deeds containing automatic reverter provisions, and restrictive covenants running with the land, in compliance with the requirements of the City's American Rescue Plan Act, the Home Investment Partnerships program, and Neighborhood Stabilization program, (collectively "programs"); and WHEREAS, each home's purchase price cannot be more that the maximum purchase price for new construction as published by the United State Department of Housing and Urban Development; and WHEREAS, the affordable housing restrictions and automatic reverter provisions contained in the conveying instrument(s) shall require that the Properties automatically revert to the City if the Properties are used in a manner that is inconsistent with the requirements of the Programs during the thirty (30) year term; and WHEREAS, Section 29-B(a) of the Charter of the City of Miami, Florida, as amended ("City Charter"), provides for the waiver of competitive bidding and other requirements and when "conveying property to implement housing programs or projects which are intended to benefit persons or households with low and/or moderate income, the criteria of which to be provided for the federal and/or state law or by the city commission"; and WHEREAS, the Qualified Applicants shall be selected on a first come, first ready, first serve basis, and by requiring proof of the City of Miami residence as a condition of applicant eligibility, except for current City or Miami -Dade County first responders (including police, fire, and emergency medical personnel); and WHEREAS, the City's Administration recommends the sale, with affordable housing restrictions and automatic reverter provisions, of the Properties to Qualified Applicants in compliance with the City's Programs; 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. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, pursuant to Section 29-B(a) of the City Charter and Section 18-72(B) of the Code of the City of Miami, Florida, as amended ("City Code"), the sale, with affordable housing restrictions and an automatic reverter provision, of the Properties to Qualified Applicants, in compliance with the City's Program, is authorized.' Section 3. The City Manager is authorized' to negotiate and execute any and all necessary documents in forms acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: rge ng III, C ty ttor -y 6/4/2024 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.