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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #16635 Resolution Sponsored by: Commissioner Manolo Reyes A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION AND APPROPRIATION OF MIAMI FOREVER BOND ("MFB") PROGRAM FUNDS IN AN AMOUNT NOT TO EXCEED THREE MILLION NINE HUNDRED THOUSAND AND 00/100 DOLLARS ($3,900,000.00) FROM THE DISTRICT 4 COMMISSIONER'S SHARE OF MFB PROGRAMS ("FUNDS") TO 5215 FLAGLER STREET, LLC ("DEVELOPER"), TO CONSTRUCT AN AFFORDABLE HOUSING DEVELOPMENT, LOCATED AT 5215 WEST FLAGLER STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("PROJECT"), SUBJECT TO COMPLIANCE WITH THE CITY'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT GUIDELINES, THE RECEIPT BY THE CITY MANAGER OF THE WRITTEN APPROVAL OF THE PROJECT BY THE CITY'S HOUSING AND COMMERCIAL LOAN COMMITTEE AND SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED IN THE HCLC APPROVAL (COLLECTIVELY, "HCLC APPROVAL"), AND ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE HCLC APPROVAL. City of Miami Legislation Resolution Enactment Number: R-24-0373 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16635 Final Action Date:9/26/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION AND APPROPRIATION OF MIAMI FOREVER BOND ("MFB") PROGRAM FUNDS IN AN AMOUNT NOT TO EXCEED THREE MILLION NINE HUNDRED THOUSAND AND 00/100 DOLLARS ($3,900,000.00) FROM THE DISTRICT 4 COMMISSIONER'S SHARE OF MFB PROGRAMS ("FUNDS") TO 5215 FLAGLER STREET, LLC ("DEVELOPER"), TO CONSTRUCT AN AFFORDABLE HOUSING DEVELOPMENT, LOCATED AT 5215 WEST FLAGLER STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("PROJECT"), SUBJECT TO COMPLIANCE WITH THE CITY'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT GUIDELINES, THE RECEIPT BY THE CITY MANAGER OF THE WRITTEN APPROVAL OF THE PROJECT BY THE CITY'S HOUSING AND COMMERCIAL LOAN COMMITTEE AND SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED IN THE HCLC APPROVAL (COLLECTIVELY, "HCLC APPROVAL"), AND ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE HCLC APPROVAL. WHEREAS, the City Commission expects to provide for the issuance of the City of Miami's ("City") 2nd Declaration of Intent for taxable and tax-exempt limited ad valorem bonds payable from ad valorem taxes provided that the capital projects debt millage not exceed the rate of 0.5935 mills in accordance with the November 7, 2017 bond referendum approved by the voters ("Voter Referendum") initially in an expected not to exceed total maximum principal amount of Forty Million Dollars ($40,000,000.00) in order to, among other things, reimburse the City for funds advanced by the City for certain expenses incurred with respect to capital projects to be undertaken by the City to improve affordable housing within the City's municipal boundaries (collectively, "DOI #2 Miami Forever Affordable Housing Limited Ad Valorem Bonds"), all as indicated in Resolution No. R-21-0046 adopted January 28, 2021, the related City Manager's Memorandum thereto, and the seven (7) DOI #2 Affordable Housing Bonds Projects Strategies ("Bond Strategies") attached and incorporated therein (collectively, "DOI #2 Affordable Housing Bonds Intent to Reimburse Resolution"); and WHEREAS, on March 14, 2019, pursuant to Resolution Nos. R-19-0062 and R-19-0111, the City Commission authorized the initiation of validation proceedings for the November 7, 2017 Bond Referendum ("Voter Referendum") and the issuance of the City's taxable and tax- exempt bonds in the aggregate principal amount not exceeding Four Hundred Million Dollars ($400,000,000.00) in one or more separate series of City Tax -Exempt and Taxable Limited Ad Valorem Tax Bonds (collectively, "Miami Forever Bonds"), including tax-exempt and taxable bonds in one or more separate series not exceeding One Hundred Million Dollars ($100,000,000.00) for affordable housing and economic development capital projects ("Affordable Housing and Economic Development Bonds") of which an amount not to exceed Fifteen Million Dollars ($15,000,000.00) was proposed for the first Declaration of Intent to Reimburse; and WHEREAS, for all series of the Affordable Housing and Economic Development Bonds, Resolution Nos. R-19-0111, R-19-0325, and R-20-0337 set forth the aforementioned seven (7) Affordable Housing Miami Forever Bonds Projects Strategies as follows: i) Affordable Workforce New Rental Strategy, ii) Homeownership Preservation Strategy, iii) City Acquisition of Land, iv) Affordable Homeownership Strategy, v) Affordable Rental Housing Preservation Strategy, vi) Affordable New Construction Rental Strategy, and vii) Long Term Lease/Build/Manage Strategy; and WHEREAS, the City Acquisition of Land Strategy ("Acquisition Strategy") permits the City to acquire buildable vacant parcels of land suitable for the development of mixed use/mixed income affordable rental or homeownership developments/units to be built by the City or by organizations that have been procured through a competitive process; and WHEREAS, the City Commission has set forth certain requirements, terms, and conditions that are set forth in the City Acquisition of Land Program Summary, attached and incorporated as Exhibit "C," for certain costs/activities that are eligible for City funding under the Acquisition Strategy; and WHEREAS, on June 10, 2021, pursuant to City of Miami ("City") Resolution No. 21- 0229, the City Commission authorized the purchase of the property located at 5215 West Flagler Street, Miami, Florida (Folio No. 01-4106-030-0020), as legally described in Exhibit "A", attached and incorporated ("Parcel"), in the amount of One Million, Five Hundred Five Thousand and 00/100 Dollars ($1,505,000.00) using Miami Forever Limited Ad Valorem Bonds funds ("MFB Funds"); and WHEREAS, on November 5, 2021, the City acquired the Parcel; and WHEREAS, on February 2, 2023, 5215 Flagler Street, LLC, submitted to the City a Letter of Request for the development of affordable rental housing project for low-income seniors ("Project"); and WHEREAS, the proposed Project is contingent upon successful remediation of existing environmental conditions on the Parcel and an award of sixty (60) Project -based Vouchers by Miami -Dade County; and WHEREAS, 5215 Flagler Street, LLC ("Developer"), is a Florida limited liability company created for the development of the Project; and WHEREAS, Related Urban (RUDG, LLC) is the parent company of Developer and RUDG, LLC has completed various affordable housing developments within the City and currently has others at various stages of construction and is currently in good standing with the City; and WHEREAS, it is the intent of the Developer and the City for the Project to be developed as an affordable rental housing project for low-income seniors on the Parcel under a ninety-nine (99) years ground lease ("Lease"); and WHEREAS, on March 28, 2023, the City's Housing and Commercial Loan Committee approved awarding One Million, Seven Hundred Thousand and 00/100 Dollars ($1,700,00.00) in HOME Investment Program Partnership funds and Three Million, Nine Hundred Thousand and 00/100 Dollars ($3,900,000.00) in MFB Funds for the Development of the Project; and WHEREAS, on April 27, 2023, the City Commission adopted Resolution No. 23-0188 for the purpose of waiving the requirements of competitive negotiation methods and procedures that are not considered practicable pursuant to sections 29-B(A) of the charter of the City and section 18-182(c) for the purpose of authorizing the City Manager to execute a 99-year ground lease of a city property located at 5215 West Flagler Street, Miami to the 5215 Flagler Street, LLC (or the "Borrower") for the development of affordable housing; and WHEREAS, for DOI #2, the City Commission hereby allocates an amount not to exceed Three Million Nine Hundred Thousand and 00/100 Dollars ($3,900,000.00) in MFB Funds for pre -development and construction costs ("Development Costs") associated with the development of the project; and WHEREAS, the City Commission has determined that it is in the best interests of the City in accordance with the Voter Referendum, the Miami Forever Limited Ad Valorem Bonds Final Validation Order of December 16, 2019 ("Bonds Validation Order"), and the DOI #2 Affordable Housing Bonds Intent to Reimburse Resolution, all attached and incorporated in Composite Exhibit "C," to authorize the allocation of Three Million Nine Hundred Thousand Dollars ($3,900,000.00) for the development of the Property from the proposed DOI #2 Miami Forever Affordable Housing Limited Ad Valorem Bonds for certain costs/activities that are eligible for City funding under the Affordable Housing Long Term Lease/Build Manage Strategy; and WHEREAS, such allocations shall comply with all applicable Federal, State of Florida ("State"), Miami -Dade County ("County"), and City laws, rules, and regulations for affordable housing projects, including but not limited to the City's DOI #2 Affordable Housing Miami Forever Bonds Projects Strategies, the DOI #2 Affordable Housing Intent to Reimburse Resolution, and the DOI #2 Miami Forever Affordable Housing Limited Ad Valorem Bonds (collectively, "Laws"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's determinations, finding, and recommendation, attached and incorporated as Exhibit "B," pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended, are ratified, approved, and confirmed and the City Commission hereby waives the requirements for said procedures. Section 3. Subject to the receipt by the City Manager of the HCD/HCLC Approvals, which shall be consistent with the City Commission approval, the City Commission hereby authorizes' and directs the City Manager to allocate funding on a reimbursement basis in an amount not to exceed Three Million, Nine Hundred Thousand Dollars ($3,900,000.00) from the proposed DOI #2 Miami Forever Affordable Housing Limited Ad Valorem Bonds for the Project being developed by the Developer provided that the Developer fulfills any and all terms and conditions to be set forth in the HCD/HCLC Approvals, which shall be consistent with the City Commission approval, and subject to compliance with all Laws. Section 4. The City Manager is directed and authorized' to negotiate and execute the Loan Agreement and any and all other necessary documents, including, but not limited to, amendments thereto, all in forms acceptable to the City Attorney and Bond Counsel, for the obligation of MFB Funds in an amount not to exceed Three Million Nine Hundred Thousand and 00/100 Dollars ($3,900,000.00) to the Developer subject to compliance with all applicable Laws and for the purposes set forth in this Resolution. Section 5. This Resolution shall take effect immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ge = . Wy y ng Ill; City ttorjey / 9/17/2024 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.