HomeMy WebLinkAboutR-12-0499City of Miami
Legislation
Resolution: R-12-0499
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01400 Final Action Date: 12/13/2012
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO ACCEPT THE CONVEYANCE TO THE
CITY OF MIAMI ("CITY") OF THE UNITS LEGALLY DESCRIBED IN EXHIBIT "A",
ATTACHED AND INCORPORATED, OF THE CEDARS POINTE CONDOMINIUM
("PROPERTY") LOCATED AT 1531 NORTHWEST 16TH AVENUE, MIAMI, FLORIDA,
IN "AS -IS" AND "WHERE -IS" CONDITION, FROM BANK OF AMERICA, N.A. AND
CHASE HOME FINANCING, LLC; AUTHORIZING THE CITY MANAGER TO
CONVEY, IN "AS -IS" AND "WHERE -IS" CONDITION AND AT NO COST TO THE
CITY, WITH PARCEL REVERTER PROVISIONS, THE PROPERTY TO KENNETH
ORR, OR TO SUCH LEGAL ENTITY AS HE MAY ESTABLISH FOR SUCH
PURPOSE, FOR THE IMPLEMENTATION OF AFFORDABLE HOUSING
OPPORTUNITIES FOR ELDERLY LOW- AND MODERATE -INCOME INDIVIDUALS,
WITH APPLICABLE RESTRICTIONS: (1) PROPERTY MUST REMAIN
AFFORDABLE FOR THE NEXT TWENTY (20) YEARS, (2) PROPERTY MUST BE
USED BY LOW -TO MODERATE -INCOME INDIVIDUALS, AS DEFINED BY THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, (3)
THE REHABILITATION OF THE PROPERTY MUST COMMENCE WITHIN SIX (6)
MONTHS OF THE CONVEYANCE, AND (4) THE REHABILITATION OF THE
PROPERTY MUST BE COMPLETED WITHIN TWENTY-FOUR (24) MONTHS OF
THE CONVEYANCE; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR SAID PURPOSES.
WHEREAS, Cedars Pointe is a seven (7) story building with fifty-one (51) units located at 1531
North West 16th Avenue, Miami, Florida ("Property"); and
WHEREAS, since approximately 2009, the Property has been vacant and abandoned causing
slum and blight and an adverse effect on the community due to deterioration of the structure and
vandalism on the Property; and
WHEREAS, Bank of America, N.A. and Chase Home Financing, LLC, are in the process of
finalizing the foreclosure of the units legally described herein, in order to donate such units to the City
of Miami ("City") in "as -is" and "where -is" condition for the public purpose of the City conveying said
units, at no cost to the City, to a developer that will rehabilitate the Property for the implementation of
affordable housing for elderly Low- and Moderate -Income individuals as defined by the United States
Department of Housing and Urban Development ("HUD"); and
WHEREAS, Kenneth Orr has the necessary expertise and financial ability required to rehabilitate
and manage the Property in order to provide all the necessary required services to the Low- and
Moderate -Income residents of the Property; and
WHEREAS, the City Administration recommends the acceptance of the conveyance of the
City of Miami
Page 1 of 3 File Id: 12-01400 (Version: 2) Printed On: 12/15/2017
File Number: 12-01400 Enactment Number: R-12-0499
Property legally described in Exhibit "A", attached and incorporated, from Bank of America, N.A. and
Chase Home Financing, LLC to the City; and
WHEREAS, the City Administration further recommends the conveyance, with parcel reverter
provisions, of the Property to Kenneth Orr for the implementation of affordable housing opportunities
to elderly Low- and Moderate -Income individuals with applicable restrictions: (1) Property must remain
affordable for the next twenty (20) years, (2) Property must be used by individuals with Low- to
Moderate -Incomes, as defined by HUD, (3) the rehabilitation of the Property must commence within
six (6) months of the conveyance, and (4) the rehabilitation of the Property must be completed within
twenty-four (24) months of the conveyance;
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
referenced and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized {1} to accept the conveyance to the City of the units
legally described in Exhibit "A", attached and incorporated, of the Property, in "as -is" and "where -is"
condition, from Bank of America, N.A. and Chase Home Financing, LLC.
Section 3. The City Manager is authorized {1} to convey, in "AS -IS" and "WHERE IS" condition
and at no cost to the City, with parcel reverter provisions, the Property to Kenneth Orr, or to such
legal entity as he may establish for such purpose, for the implementation of affordable housing
opportunities for elderly Low- and Moderate -Income individuals with applicable restrictions: (1)
Property must remain affordable for the next twenty (20) years, (2) Property must be used by
individuals with Low- to Moderate -Incomes, as defined by HUD, (3) the rehabilitation of the Property
must commence within six (6) months of the conveyance, and (4) the rehabilitation of the Property
must be completed within twenty-four (24) months of the conveyance.
Section 4. The City Manager is further authorized {1} to execute all the necessary documents, in
a form acceptable to the City Attorney, for said purposes.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
City of Miami Page 2 of 3 File Id: 12-01400 (Version: 2) Printed On: 12/15/2017
File Number: 12-01400 Enactment Number: R-12-0499
{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.
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