HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #2760
Date: 08/10/2017
Commission Meeting Date: 11/16/2017
Requesting Department: Department of
Community and Economic Development
Sponsored By:
District Impacted: All
Type: Resolution
Subject: Authorize Transfer - City -Owned Parcels of Land
Purpose of Item:
AUTHORIZING THE CITY MANAGER TO CONVEY, WITH PARCEL REVERTER
PROVISIONS, CERTAIN CITY OF MIAMI ("CITY") OWNED PARCELS OF LAND, AND
TO THE DEVELOPERS DESCRIBED IN "ATTACHMENT "A," ATTACHED AND
INCORPORATED; FOR THE DEVELOPMENT OF AFFORDABLE/WORKFORCE
RENTAL HOUSING IN ACCORDANCE WITH SECTION 29-B(a) OF THE CITY CODE;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND
SALE AGREEMENT(S), IN THE ATTACHED FORM(S) AND ANY AND ALL
DOCUMENTS ACCEPTABLE TO THE CITY ATTORNEY FOR SAID PURPOSE.
Background of Item:
On November 21, 2016, the City of Miami ("City") issued a request for proposals
("RFP"), inviting qualified private real estate developers to propose developments of
Affordable/Workforce rental housing on City -owned land.
A total of six (6) responses were received of which two met the minimum threshold and
fulfilled all the proposal requirements.
The Administration is recommending the conveyance, with parcel reverted of the
parcels of land, legally described in Attachment "A", attached and incorporated, for the
development of Affordable/Workforce rental housing on City -owned land.
The parcels of land will be conveyed through purchase and sale agreements
("Agreements").
To convey said parcels of land, the City must receive from the developer the following:
(i) evidence that the developer has received all necessary permits needed to construct
the units, (ii) evidence that financial commitments from the lender(s) has been received,
(iii) any mortgages obtained by the developer on the property will be subject to the
approval of the City Department of Community and Economic Development, and (iv) the
closing of the Agreement will occurs simultaneously with the closing of the construction
financing by the lender, if any.
Budget Impact Analysis
Item has NOT an Expenditure
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
0
Department of Community and Economic Development
Review Completed
Office of Management and Budget
Office of Management and Budget
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the City Attorney
City Commission
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the Mayor
Office of the City Clerk
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
Reviewed B
08/14/2017 8:12 PM
Luis Hernandez -Torres
Christopher M Rose
Alberto N. Parjus
Fernando Casamayor
Valentin J Alvarez
Valentin J Alvarez
Barnaby L. Min
Victoria Mendez
Nicole Ewan
Valentin J Alvarez
Barnaby L. Min
Maricarmen Lopez
Nicole Ewan
Mayor's Office
City Clerk's Office
Valentin J Alvarez
Richard Appleton
Barnaby L. Min
Victoria Mendez
City Clerk's Office
George Mensah
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
Assistant City Attorney Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Legislative Division Review
Deputy Attorney Review
Approved Form and Correctness
Meeting
Department Head
Completed
Completed
Completed
Completed
Completed
Skipped
Completed
Completed
Completed
Completed
Completed
Skipped
Completed
Signed by the Mayor Completed
Signed and Attested by the City Clerk Completed
Legislative Division Review Completed
ACA Review
Deputy Attorney Review
Approved Form and Correctness
Rendered
Completed
Completed
Completed
Completed
08/15/2017 10:06 AM
08/16/2017 8:01 AM
08/16/2017 1:13 PM
08/16/2017 3:26 PM
09/01/2017 3:27 PM
09/14/2017 8:37 AM
09/14/2017 9:40 AM
09/19/2017 10:29 AM
10/26/2017 9:00 AM
11/06/2017 5:48 PM
11/06/2017 6:00 PM
11/16/2017 10:29 AM
11/16/2017 9:00 AM
11/27/2017 4:23 PM
11/27/2017 7:18 PM
01/31/2019 12:03 PM
01/31/2019 12:36 PM
01/31/2019 2:12 PM
02/21/2019 5:27 PM
02/21/2019 6:56 PM
City of Miami
Legislation
Resolution
Enactment Number: R-17-0512
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2760 Final Action Date:11/16/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO AWARD THE CONVEYANCES, WITH
AFFORDABLE/WORKFORCE RENTAL HOUSING RESTRICTIONS AND REVERTER
PROVISIONS, OF CERTAIN CITY OF MIAMI ("CITY") OWNED PARCELS OF LAND
LOCATED APPROXIMATELY AT 1501, 1515, 1525, 1535, 1551, 1560, 1520, AND
1500 NORTHWEST 62 STREET, 1305, 1321, 1331, 1341, AND 1361 NORTHWEST 61
STREET, AND 6240 NORTHWEST 15 AVENUE, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN ATTACHMENT "A," ATTACHED AND
INCORPORATED, RESPECTIVELY TO ATLANTIC PACIFIC COMMUNITIES, LLC
AND CENTENNIAL MANAGEMENT CORP. (COLLECTIVELY, "DEVELOPERS"), THE
RESPONSIVE AND RESPONSIBLE BIDDERS RESPONDING TO A REQUEST FOR
PROPOSALS ISSUED NOVEMBER 21, 2016 BY THE CITY'S DEPARTMENT OF
COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE DEVELOPMENT OF
AFFORDABLE/WORKFORCE RENTAL HOUSING IN ACCORDANCE WITH SECTION
29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL,
PURCHASE AND SALE AGREEMENTS FOR EACH SUCH PARCEL AND ANY AND
ALL OTHER NECESSARY DOCUMENTS TO CONVEY THE RESPECTIVE PARCELS
TO THE DEVELOPERS AND IN COMPLIANCE WITH THE REQUIREMENTS UNDER
THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED.
WHEREAS, on November 21, 2016, the City of Miami ("City") issued a Request for
Proposals ("RFP") inviting qualified private real estate developers to propose developments of
Affordable/Workforce rental housing on certain City -owned parcels of land; and
WHEREAS, a total of six (6) responses were received, two (2) of which met the
minimum threshold and fulfilled all the proposal requirements as responsive and responsible
bidders: Atlantic Pacific Communities, LLC and Centennial Management Corp. (collectively,
"Developers"); and
WHEREAS, the City Administration recommends awarding the conveyances to the
Developers of the City -owned properties located between Northwest 13th and 15th Avenues
and Northwest 61st and 62nd Streets, Miami, Florida, as legally described in Attachment "A,"
attached and incorporated (collectively, "Parcels"), with affordable/workforce rental housing
restrictions and reverter provisions; and
WHEREAS, some of the properties have been acquired with, refinanced by, or improved
by tax-exempt bond funds of the City and such restricted funds will need to be repaid by the
Developers to the City, as applicable, in order to comply with continuing requirements of the
U.S. Internal Revenue Code of 1986, as amended; and
WHEREAS, the restrictions and reverter provisions contained in the conveying
instruments shall require the Parcels to revert to the City if (i) the developments are not
completed within twenty-four (24) months of the date of closing as evidenced by a Certificate of
Occupancy or Temporary Certificate of Occupancy, which may be amended by the Director of
the Department of Housing and Community Development ("Director") and (ii) the developments
are not solely used for low to moderate household income housing; and
WHEREAS, the Parcels shall be for the development of Affordable/Workforce rental
housing in accordance with Section 29-B(a) of the Charter of the City of Miami, Florida, as
amended ("City Charter"); and
WHEREAS, the City shall require the following in order to convey the Parcels to the
Developers: (i) evidence satisfactory to the Director that financial commitments from the lender
or lenders have been received; (ii) any mortgages obtained by the Developers on the Parcels
will be subject to the approval of the Director; (iii) payment by the Developer to the City of the
total amount of restricted funds used to acquire, refinance, or improve the Parcel(s) with an
affidavit of such payment and receipt by the City of such payment(s) in form(s) acceptable to the
City's Finance Director, the City Attorney, and Bond Counsel; and (iv) the closing of the Parcels
occurs simultaneously with the closing of the construction financing by the lender(s), if any; and
WHEREAS, the Parcels shall be conveyed through purchase and sale agreements
("Agreements") and any other necessary documents, all in form(s) acceptable to the City
Attorney and Bond Counsel;
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 award the conveyances with
affordable/workforce rental housing restrictions and reverter provisions of certain Parcels as
more particularly described in Attachment "A," attached and incorporated, respectively to the
Developers for the development of affordable/workforce rental housing in accordance with
Section 29-B(a) of the City Charter.
Section 3. The City Manager is further authorized' to negotiate and execute the
Agreement(s) and any and all other necessary documents, all in form(s) acceptable to the City
Attorney and Bond Counsel, to convey the respective Parcels to the Developers and in
compliance with the requirements under the U.S. Internal Revenue Code of 1986, as amended.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
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 City 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.
APPROVED AS TO FORM AND CORRECTNESS:
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