HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01193 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
MAKING REQUIRED FINDINGS PURSUANT TO CITY CHARTER SECTION 29-B(A)
AND AUTHORIZING THE CONVEYANCE, UPON CERTAIN CONDITIONS
PRECEDENT BEING MET, TO LIBERTY CITY COMMUNITY ECONOMIC
DEVELOPMENT CORPORATION ("LCCEDC"), WITH PARCEL COVENANTS,
REVERTER AND RESTRICTION PROVISIONS, OF FIVE (5) CITY OF MIAMI
OWNED PARCELS OF LAND, LOCATED AT 1361 NORTHWEST 61 ST STREET,
PARCEL FOLIO 01-3114-043-0190 (NO ADDRESS),1331 NORTHWEST 61ST
STREET, 1321 NORTHWEST 61 ST STREET AND 1305 NORTHWEST 61 ST
STREET, MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED (COLLECTIVELY, "PROPERTY"), FOR THE CONSTRUCTION OF
68 AFFORDABLE HOUSING UNITS FOR FAMILIES WITH DEVELOPMENTAL
DISABILITIES; AUTHORIZING THE CITY MANAGER, IN CONSULTATION WITH
THE CITY ATTORNEY, TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE
AGREEMENT, AND ALL OTHER NECESSARY DOCUMENTS FOR SAID
PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER, IN CONSULTATION
WITH THE CITY ATTORNEY, TO NEGOTIATE AND EXECUTE AN ASSIGNMENT
OF THE PURCHASE AND SALE AGREEMENT TO THE PARTNERSHIP TO BE
FORMED FOR THE DEVELOPMENT OF SAID PROPERTY.
WHEREAS, the City of Miami ("City") currently owns the five (5) real property parcels located at
1361 Northwest 61 st Street, parcel folio 01-3114-043-0190 (no address), 1331 Northwest 61 st Street,
1321 Northwest 61 st street, and 1305 Northwest 61 st Street, Miami, Florida, as described in "Exhibit
A", attached and incorporated (collectively, "Property"), which were acquired for the construction of
affordable housing units in the Liberty City community; and
WHEREAS, certain parcels of such Property were acquired and/or improved by the City with
tax-exempt bond funding; and
WHEREAS, in the past few years, the Department of Community and Economic Development has
attempted through various requests for proposals to have developers build on the Property
unsuccessfully due to lack of financing; and
WHEREAS, the Florida Housing Finance Corporation ("FHFC"), a state agency, currently has an
open Request for Applications that specifically sets forth criteria and provides funding for affordable
housing developments with a minimum of 80% set -aside for families with developmental disabilities;
and
WHEREAS, the Liberty City community currently has a need for affordable housing units for
City of Miami Page 1 of 4 File Id: 13-01193 (Version: 1) Printed On: 10/15/2013
File Number: 13-01193
families with developmental disabilities and the City Administration recommends assisting the Liberty
City Community Economic Development Corporation ("LCCEDC") to apply for such FHFC state
funding for said purpose (collectively "Project"); and
WHEREAS, the subject purchase and sale agreement for the Property will allow LCCEDC to apply
as initial developer for funding from the FHFC with a future development partnership to be formed
("Developer") if such state funding is awarded; and
WHEREAS, the Property will be conveyed subject, inter alia, to the following conditions precedent,
covenants, reverters, and restrictions: (i) the Developer shall provide to the City (a) all necessary
permits needed to construct the unit(s), and (b) evidence of firm financial commitments for full project
financing from the Project lender(s); and (c) repayment at closing of all required amounts to the City
including, but not limited to tax-exempt bond funding amounts previously expended; (ii) the
conveyance of the real property parcels occurs simultaneously with the closing of the construction
financing by the lender, if any; (iii) any mortgages on the Property obtained by the Developer be
subject to the approval of the City of Miami Department of Community Development; (iv) the
construction of the Project must commence within twelve (12) months from the date of Property
conveyance; (v) the Project must be completed (all units constructed, issued Certificates of
Occupancy, and rented within thirty six (36) months of conveyance; and (vi) all other covenants,
reverters, and restrictions to be indicated on the draft form of the Purchase and Sale Agreement,
Exhibit "B," attached and incorporated; and
WHEREAS, the City Administration recommends, subject to conditions precedent being met, the
conveyance to LCCEDC, with parcel covenant and reverter provisions, the Property, for the
construction of 68 affordable housing units for the Project; and
WHEREAS, the City Administration has determined and the City Commission hereby finds that the
foregoing City and state criteria meet the requirements of City Charter Section 29-B(a) necessary to
determine that requirements to competitive bidding shall not apply to the proposed future sale and
conveyance of the Property to the Developer for the Project because such sale and conveyance will
implement the FHFC's Housing Program criteria intended to benefit persons or households with low
and/or moderate income;
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. Pursuant to City Charter Section 29-B(a), and upon certain conditions precedent being
met, the conveyance to LCCEDC, with parcel covenants, reverter and restriction provisions of the
Property for the construction of 68 affordable housing units for the Project, is authorized.
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Section 3. The conveyance of the Property, subject to the following, inter alia, conditions
precedent, covenants, reverters, and restrictions: (i) the Developer shall provide to the City (a) all
necessary permits needed to construct the unit(s), and (b) evidence of firm financial commitments for
full project financing from the Project lender(s); and (c) repayment at closing of all required amounts to
the City including, but not limited to tax-exempt bond funding amounts previously expended; (ii) the
conveyance of the real property parcels occurs simultaneously with the closing of the construction
financing by the lender, if any; (iii) any mortgages on the Property obtained by the Developer be
subject to the approval of the City of Miami Department of Community Development; (iv) the
construction of the Project must commence within twelve (12) months from the date of Property
conveyance; (v) the Project must be completed (all units constructed, issued Certificates of
Occupancy, and rented within thirty six (36) months of conveyance; and (vi) all other covenants,
reverters, and restrictions to be indicated on the draft form of the Purchase and Sale Agreement,
Exhibit "B," attached and incorporated, is authorized.
Section 4. The Property's minimum acceptable sale price is $17,592.40 (or bond expenses
incurred on the Property as determined by City of Miami Finance Department). The Property is offered
in "As -Is" condition and no representations or warranties are made as to its condition, state or
characteristics. Expressed warranties and implied warranties of fitness for a particular purpose or use
and habitability are disclaimed. New appraisals, testing, inspections and/or other non-invasive due
diligence shall be at the sole cost and expense of the Developer.
Section 5. The City Manager, in consultation with the City Attorney, is authorized{1} to
negotiate and to execute a Purchase and Sale Agreement, and all other necessary documents for said
purpose.
Section 6. The City Manager, in consultation with the City Attorney, is further authorized{1} to
negotiate and to execute an Assignment of the Purchase and Sale Agreement , to the Developer to be
formed for the development of the Project.
Section 7. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
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File Id: 13-01193 (Version: 1) Printed On: 10/15/2013
File Number: 13-01193
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 .
City of Miami Page 4 of 4 File Id: 13-01193 (Version: 1) Printed On: 10/15/2013