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HomeMy WebLinkAboutResolutionCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-01234 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO DECLARE SURPLUS CERTAIN CITY -OWNED PROPERTY LOCATED AT 779 NORTHWEST 57TH STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH PROGRESSIVE VISION COMMUNITY DEVELOPMENT CORPORATION, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, TO UNDERTAKE THE DEVELOPMENT OF FOUR (4) CONDOMINIUM UNITS, AFFORDABLE TO VERY LOW, LOW AND/OR MODERATE -INCOME FAMILIES AND/OR INDIVIDUALS AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS STATED HEREIN AND THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE SOLELY AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY TO EFFECT THE SALE 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 partnership of the public and private sector is necessary to foster the development of housing affordable to very low, low and moderate -income families and individuals within the City; and WHEREAS, on April 6, 2004, Progressive Vision Community Development Corporation, Inc., a not -for -profit corporation ("Purchaser"), requested that the City donate a vacant City -owned parcel, located at 779 Northwest 57th Street, Miami, Florida ("Property"), in the Model City area; and WHEREAS, the donation of land would allow 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 property sits vacant, represents a maintenance cost and liability to the City, and does 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 Property to Purchaser on the condition that the Property shall only be used to provide (4) condominium units to be occupied by individuals and/or 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 within the City, the City of Miami Page 1 of 3 File Id: 04-01234 (Version: 11 Printed On: 7/9/2024 File Number: 04-01234 Administration recommends the conveyance of the Property to Purchaser for the development of (4) condominium units, 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 Property: (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 buyers for the improved Property who satisfy the applicable affordable housing 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 twelve (12) months from the date of the conveyance and shall continue diligently with the construction of the Improvements to completion within twenty-four (24) months from the date of the closing; 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 City Manager is authorized to declare surplus certain City -owned Property located at 779 Northwest 57th Street, Miami, Florida, as more particularly described in "Exhibit A," attached and incorporated. Section 3. The City Manager is authorized{1} to execute an Agreement, in substantially the attached form, with the Purchaser to undertake the development of four (4) condominium units, affordable to very low, low and/or moderate -income families and/or individuals and to consummate such transaction in accordance with the terms stated herein and the terms and conditions of the Agreement, which terms may be solely amended by the City Manager as may be necessary to effect the sale in an expeditious manner. Section 4. The City does not warrant the sufficiency of its title nor any interest it may have in the Property, nor does it make any covenant whatsoever as to the Property, which are being conveyed to Purchaser "AS IS" and "WHERE IS" and which Property, 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 Property, 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 Property, 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} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY City of Miami Page 2 of 3 File Id: 04-01234 (Version: 11 Printed On: 7/9/2024 File Number: 04-01234 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. City of Miami Page 3 of 3 File Id: 04-01234 (Version: 11 Printed On: 7/9/2024