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HomeMy WebLinkAboutExhibit - Pre-LegislationJ-03-278 2/27/03 RESOLUTION NO. 0 3 - 21 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONVEYANCE OF TWO CITY -OWNED VACANT PARCELS LOCATED IN THE ALLAPATTAH NEIGHBORHOOD TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. AS DEVELOPER, AT NO COST, FOR THE DEVELOPMENT OF TWO NEW SINGLE-FAMILY HOMES FOR FAMILIES AND INDIVIDUALS OF LOW AND MODERATE -INCOME, THE HEREIN AUTHORIZATION IS CONTINGENT UPON THE DEVELOPER: (1) AGREEING TO PAY THE COST OF ELIMINATING ALL TITLE DEFECTS EXISTING ON THE PARCELS, (2) PROVIDING EVIDENCE ACCEPTABLE TO THE CITY OF FIRM COMMITMENTS FOR PROJECT CONSTRUCTION AND PERMANENT FINANCING FOR PURCHASE BY QUALIFIED LOW AND MODERATE -INCOME HOMEBUYERS, (3) COMMENCING CONSTRUCTION WITHIN TWELVE MONTHS FROM THE DATE OF CONVEYANCE BY THE CITY, (4) COMPLYING WITH OTHER TERMS AND CONDITIONS, INCLUDING PARCEL REVERTER PROVISIONS, AS DEEMED APPROPRIATE BY THE CITY MANAGER AND THE CITY ATTORNEY, AND (5) PROVIDING THE ADMINISTRATION WITH A STATUS REPORT CONCERNING THE TITLE TO THE PARCELS WITHIN NINETY DAYS FROM THE DATE DP CONVEYANCE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, a severe shortage of affordable housing exists in the City of Miami ("City") for families and individuals in the low and moderate -income range; and CITY COMMISSION MEETING OF FEB 2 7 7.003 03- 215 er. WHEREAS, pursuant to Resolution No. 99-429, adopted July 22, 1999, the City Commission approved the City's proposed Five -Year Consolidated Plan (1999-2004) (`Plan") for submission to the United States Department of Housing and Urban Development including, as a major component of the Plan, a housing strategy designed to facilitate the annual creation of 1,000 new homeownership units for purchase by very low, low and moderate -income families; and WHEREAS, the two parcels are vacant City -owned properties located at 790 Northwest 29th Terrace and 2374 Northwest 33ra Street, Miami, Florida, and the development plan proposed by Allapattah Business Development Authority, Inc. ("Developer") conforms to the Plan; and WHEREAS, Section 29-B of the City Charter, as amended, allows for the conveyance or disposition of City -owned property in connection with the implementation of City -assisted housing programs or projects intended to benefit persons or households of low or moderate -income without competitive bidding requirements and fair market value return to the City; 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. Page 2 of 4 03- 215 Section 2. The conveyance of two City -owned parcels located at 790 Northwest 29th Terrace and 2374 Northwest 33rd Street, Miami, Florida, at no cost to the Developer for the development of two new single-family homes for families and individuals of low and moderate -income is authorized. Section 3. The herein authorization is contingent upon the Developer (1) agreeing to pay the cost of eliminating all title defects existing on the parcels, (2) providing evidence acceptable to the City of firm commitments for project construction and permanent financing for purchase by qualified homebuyers, (3) commencing construction within twelve months from the date of conveyance by the City, (4) complying with other terms and conditions, including parcel reverter provisions, as deemed appropriate by the City Manager and the City Attorney, and (5) providing the administration with a status report concerning the title to the parcels within ninety days from the date of conveyance. Section 4. The City Manager is further authorized1V to execute all necessary documents, in a form acceptable to the City Attorney, for said purpose. 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. Page 3 of 4 03- 215 Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. PASSED AND ADOPTED this 27th day of February , 2003. ATTEST: PRISCILLA A. TH MPSON CITY CLERK APPROVED AS TO .•ARM AND CORRECTNESS '.r VILARELLO ITY TORNEY 9GS:tr:AS:BSS z/ 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. Page 4 of 4 03- 215 FEB-20-20033 17:33 CITY MANAGERS OFF t C. . CV OF MI, FLORIDA 1NTER-OFE10E MEMORANDUM ra F QM The Honorable Ma FEB 2 0 202 FILE; Conveyance of City -owned parcels to Allapattah Business Development Authority, Inc. fl ENOE-s: City Commission Agenda Febary 27, 2003 DATE: sua,CT : RECOMMENDATION; It is respectfully recommended that the City Com+nissionadopt the attached Resolution authorizing the conveyance of two (2) City -owned vacant parcels located in the Allapatta}t neighborhood to Allapattah Business Development Authority, Inc., a not -for -profit corporation, as Developer at no cost for the development of two (2) new single-family homes affordable to families and individnsts of low and moderate income; and further authorizing the City MRrmger to cxecutc all necessary docum,ent(s), in a form, acceptable to the City Attorney, subject to applicable City Code provisions, 13A-CLCOROUND: Allapattah Business Development Authority, Inc., a not for profit corporation, proposes to develop two (2) new single-family homes affordable to families and individuals of low and moderate income pursuant to the policy estxbli.shed in the City of Miami's Five (5) Year Con olidAted Plan (1999-2004) (Plan) on two (2) vacant City -owned parcels (Parcels), identified below, located in the Allapattah neighborhood. 790 NW 29 Terrace 2374 NW 33 Street On February 13, 2003, the City Commission directed the City Manger to bring a resolutioa for the transfer of the Parcels to Allapattab Business Development Authority, Lao, to the February 27, 2003 City Commission Ming. City Coxnrnission approval of this action would be subject to and contingent upon: Allapattab Business Development Authority, Inc„ 1) agreeing to fay the cost of eHminating all title defects exit on the parcels, 2) providing evidence acceptable to the City of firm commitments for project construction arid pentatient financing for purchase by qualified horn:ebuyers, 3) commencing construction within twelve (12) months from the date of conveyance by the City, 4) complying With Carer totals and conditions, inelnding parcel reverter provisions, as deemed appmprlate by the City Manager and the City Attorney, and S) providing tba administration with a status report concerning the title to the parcels within sty PO) days Eton -Oho date of oonveyanoa. 03- 215 I---20-2[303 17 s 33 CITY WINAGERS OFFICE 305 416 1019 F. fir(. Allapattah Business Development Authority, Inc. is required to commence construction on the City -owned parcels within twelve (12) months from the date of conveyance by the City or said parcels will revert back to the City. It is recommended that the City Commission authorize the conveyance of the two (2) City - awned vacant parcels located in the Allapattah neighborhood to Allapattah Business Development Authority, Inc. at no cost for the development of two (2) new single-family homes affordable to families and individuals of low income and subject to the provisions listedabove; and further authorize the City Manager to execute all necessary document(s), in a form acceptable to the City Attorney, subject to applicable City Code provisions, Thep oposed Resolution does not have a budgetary impact on the General Find. GR City of Miami Legislation Resolution: R-04-0289 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamlgov.com File Number: 04-00428 Final Action Date:5/6/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO DECLARE CERTAIN CITY -OWNED PROPERTIES LOCATED AT 3255 NORTHWEST 11TH COURT, 3245 NORTHWEST 11TH COURT, AND 1264 NORTHWEST 31ST STREET, MIAMI, FLORIDA ("PROPERTIES") SURPLUS, AS MORE PARTICULARLY DESCRIBED IN "EXHIBITA," ATTACHED AND INCORPORATED; DESIGNATING ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("PURCHASER"), TO UNDERTAKE THE DEVELOPMENT OF THREE (3) TWIN HOMES, AFFORDABLE TO VERY LOW, LOW AND/OR MODERATE -INCOME FAMILIES AND/OR INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, AND TO CONSUMMATE THE TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, AND THE TERMS STATED HEREIN, WHICH TERMS MAY BE SOLELY AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY TO EFFECT SUCH TRANSACTION 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 participation of both the public and private sector is necessary to foster the development of housing affordable to very low, low and moderate -income families and individuals in the City; and WHEREAS, on April 7, 2004, the Allapattah Business Development Authority, Inc., a not -for -profit corporation ("Purchaser"), requested that the City donate three (3) vacant City -owned parcels in the Allapattah area ("Properties"); and WHEREAS, the donation of land would allow the 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 Properties sit vacant, represent a maintenance cost and liability to the City, and do 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 Properties to Purchaser on the condition that the Properties shall only be used to provide (3) three twin homes 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 City of Miami Page 1 of 3 File Id: 04-00428 (Version: 1) Printed On: 3/28/2016 File Number: 04-00428 Enactment Number: R-04-0289 WHEREAS, in an effort to promote the development of new affordable housing in the City, the Administration recommends the conveyance of the Properties to Purchaser for the development of three (3) new twin homes, 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 properties: (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 a buyer for the improved Properties who satisfy the applicable affordable housing income test 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 six (6) months from the date of closing and to complete construction of the improvements within twelve (12) months of commencement; 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. Certain City -owned properties located at 3255 Northwest 11 th Court, 3245 Northwest 11 th Court, and 1264 Northwest 31 st Street, Miami, Florida ("Properties"), as more particularly described in "Exhibit A," attached and incorporated, are declared surplus. Section 3. The City Manager is authorized{1} to execute an Agreement, in substantially the attached form with Allapattah Business Development Authority, Inc., a Florida Not -For -Profit Corporation ("Purchaser"), for the development of (3) twin homes, affordable to very low, low and/or moderate -income families and/or individuals and to consummate the transaction in accordance with the terms and conditions of the Agreement, which terms may be solely amended by the City Manager as may be necessary to effect such sale in an expeditious manner. Section 4. The City of Miami does not warrant the sufficiency of its title nor any interest it may have in the Properties, nor does it make any covenant whatsoever as to the Properties, which are being conveyed to Purchaser "AS IS" and "WHERE IS" and which Properties, 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 Properties, 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 Properties, 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} City of Miami Page 2 of 3 File Id: 04-00428 (Version; 1) Printed On: 3/28/2016 File Number; 04-00428 Enactment Number: R-04-0289 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: 04-00428 (Version: 1) Printed On: 3/28/2016 City of Miami Legislation Resolution: R-14-0124 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com File Number: 14-00240 Final Action Date:3/27/2014 A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO GRANTALLAPATTAH BUSINESS DEVELOPMENTAUTHORITY, INC. ("ABDA"), AN EXTENSION OF TIME TO COMMENCE CONSTRUCTION SIX (6) MONTHS FROM THE DATE SAID EXTENSION IS APPROVED BY THE, CITY COMMISSION, AND TO COMPLETE CONSTRUCTION EIGHTEEN (18) MONTHS FROM THE DATE SAID EXTENSION IS APPROVED BY THE CITY COMMISSION, ON THE PROPERTIES LOCATED AT 790-92 NORTHWEST 29TH TERRACE, 3255-57 NORTHWEST 11TH COURT, AND 3245-47 NORTHWEST 11TH COURT, MIAMI, FLORIDA, ("PROPERTIES"), LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE MODIFICATIONS TO THE DEED(S) THAT CONVEYED THE PROPERTIES FROM THE CITY OF MIAMI TO ABDA, AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, pursuant to Resolution No. 03-215, adopted February 27, 2003, the City Commission approved the conveyance of two (2) City of Miami ("City") owned vacant parcels located at 790-91 Northwest 29th Terrace, Miami, Florida, to Allapattah Business Development Authority, Inc. ("ABDA") and on May 6, 2004, pursuant to Resolution No. 04-0289, the City Commission designated certain city -owned properties located at 3255 Northwest 11th Court, Miami, Florida and 3245 Northwest 11th Court, Miami, Florida, as surplus and authorized ABDA to develop three (3) twin homes affordable to very low, low or moderate -income families or individuals (collectively "Properties"); and WHEREAS, pursuant to the deed, ABDA is required to commence construction of the Properties six (6) months from the date approved by the City Commission, and must complete construction eighteen (18) months from the date approved by the City Commission; and WHEREAS, through various extensions and pursuant to Resolution No. 12-0244, adopted June 14, 2012 by the City Commission, ABDA had until October 1, 2012 to commence construction and until April 1, 2013 to complete construction for the Properties; and WHEREAS, due to ABDA's inability to obtain the requisite construction financing, they have not been able to start construction; and WHEREAS, ABDA has provided a construction contract which includes construction financing to be able to start the construction of the Properties; and WHEREAS, the City Administration recommends granting ABDA an extension of time to commence construction for the Properties from six (6) months from the date as may be approved by the City Commission, and to complete construction eighteen (18) months from the date as may be approved by the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, City of Miami Page 1 of 2 File Id: 14-00240 (Version: 1) Printed On; 3/1/2016 File Number: 14-00240 Ennctnzent Number: R-14-0124 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. The City Manager is authorized {1) to grant ABDA an extension of time to commence construction from six (6) months from the date as may be approved by the City Commission, and to complete construction eighteen (18) months from the date as may be approved by the City Commission, on the Properties, legally described in Exhibit "A," attached and incorporated. Section 3. It is the intention of the Miami City Commission that title to the parcels described above and in Exhibit "A," attached and incorporated, shall be deemed to have remained in ABDA from the date of conveyance. Section 4, The City Manager is authorized {1) to execute any required modifications to the deed(s) that conveyed the properties from the City of Miami to ABDA, and all other necessary documents, in a form acceptable to the City Attorney, for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} 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 Manzi Page 2 of 2 File Id: 14-00240 (Version: 1) Printed On: 3/1/2016