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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #12610 Date: 09/19/2022 Commission Meeting Date: 10/13/2022 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 5 Type: Resolution Subject: Covenant - Henry Reeves Park - New Affordable Housing Purpose of Item: A resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to execute a Covenant in Lieu of Unity of Title ("Covenant"), in substantially the attached form, solely for zoning purposes of unifying the properties located at 800 NW 5th Avenue, folio number 01-0101-010-2030, owned by Miami Dade County, a political subdivision of the State of Florida ("County Property") more particularly described in Exhibit "A" of the Covenant and the property located at 501 NW 8th Street, folio number 01-0101-010-2031, owned by the City of Miami ("City Property") more particularly described in Exhibit "B" of the Covenant (collectively the "Property"), for the purpose of constructing new affordable housing, the Covenant attached and incorporated, with terms and conditions more particularly set forth in said Covenant; further authorizing the City Manager to execute all other necessary documents, including amendments and modifications to said Covenant, all in a form acceptable to the City Attorney, as may be necessary to effectuate said Covenant. Background of Item: Miami -Dade County, a political subdivision of the State of Florida (the "County") is the fee simple owner of that certain property located at 800 NW 5th Avenue (Folio No. 01- 0101-010-2030), located in Miami, Florida more particularly described on Exhibit "A" of the Covenant attached hereto and incorporated herein (the "County Property"). The City of Miami (the "City") is the fee simple owner of that certain property located at 501 NW 8th Street (Folio No. 01-0101-010-2031), located in Miami, Florida, more particularly described on Exhibit "B" of the Covenant attached hereto and incorporated herein (the "City Property"). The County Property and the City Property are collectively referred to herein as the "Property", as more particularly described on the Sketch and Legal Composite included as Exhibit "C" of the Covenant. The County and the City are executing this Declaration to unify the Property solely for zoning purposes in connection with the construction of a new affordable housing development(s) consisting of multifamily residential units and ancillary amenities. Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Office of the City Attorney Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Clerk Reviewed B Jacqueline Lorenzo Pedro Lacret Marie Gouin Larry M. Spring Valentin J Alvarez Arthur Noriega V Amber Ketterer Victoria Mendez Maricarmen Lopez Valentin J Alvarez Amber Ketterer Victoria Mendez City Clerk's Office Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review ACA Review Approved Form and Correctness Meeting Legislative Division Review ACA Review Approved Form and Correctness Rendered Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed with Modification(s) Completed 09/20/2022 7:58 AM 09/20/2022 4:34 PM 09/20/2022 7:29 PM 09/21/2022 9:50 AM 09/22/2022 4:19 PM 09/23/2022 10:39 AM 09/30/2022 10:52 AM 09/30/2022 11:26 AM 10/13/2022 9:00 AM 10/13/2022 12:33 PM 10/13/2022 12:39 PM Completed 10/13/2022 5:00 PM City of Miami Legislation Resolution Enactment Number: R-22-0380 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12610 Final Action Date:10/13/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A COVENANT IN LIEU OF UNITY OF TITLE ("COVENANT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SOLELY FOR ZONING PURPOSES TO UNIFY THE PROPERTIES LOCATED AT 800 NORTHWEST 5TH AVENUE, FOLIO NUMBER 01-0101-010-2030, OWNED BY MIAMI-DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ("COUNTY PROPERTY"), MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE COVENANT, AND THE PROPERTY LOCATED AT 501 NORTHWEST 8TH STREET, FOLIO NUMBER 01-0101-010-2031, OWNED BY THE CITY OF MIAMI ("CITY PROPERTY") MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" OF THE COVENANT (COLLECTIVELY THE "PROPERTY"), FOR THE PURPOSE OF CONSTRUCTING NEW AFFORDABLE HOUSING, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID COVENANT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS NECESSARY TO FACILITATE THE CONSTRUCTION OF THE NEW AFFORDABLE HOUSING DEVELOPMENT ON THE ADJACENT COUNTY PROPERTY, INCLUDING BUT NOT LIMITED TO AMENDMENTS AND MODIFICATIONS TO SAID COVENANT, IMPACT FEE DEFERRAL COVENANT(S), AFFORDABLE HOUSING COVENANT(S), AND CONSENT(S), ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY. WHEREAS, Miami -Dade County, a political subdivision of the State of Florida ("County"), is the fee simple owner of that certain property located at 800 Northwest 5th Avenue (Folio No. 01-0101-010-2030), located in Miami, Florida, more particularly described in Exhibit "A" of the draft Covenant in Lieu of Unity of Title ("Covenant") attached hereto and incorporated herein ("County Property"); and WHEREAS, the City of Miami ("City") is the fee simple owner of that certain property located at 501 Northwest 8th Street (Folio No. 01-0101-010-2031), located in Miami, Florida, more particularly described in Exhibit "B" of the draft Covenant attached hereto and incorporated herein ("City Property"); and WHEREAS, the County Property and the City Property are adjacent to one another and are collectively referred to herein as the "Property"; and WHEREAS, Culmer Apartments Ltd maintains a subleasehold interest in the County Property and is developing an affordable housing project on the County Property; and WHEREAS, no new units are being constructed on the City Property; and WHEREAS, the purpose of the Covenant is to join the Property only for zoning purposes, including in order to avoid replatting; and WHEREAS, the County and the City are executing the Covenant to unify the Property solely for zoning purposes in connection with the construction of a new affordable housing development(s) consisting of multifamily residential units and ancillary amenities; and WHEREAS, in order to facilitate new affordable housing within the City, the City desires to authorize the City Manager to execute the Covenant and all other documents necessary to facilitate the construction of the new affordable housing development on the adjacent County Property, including but not limited to amendments and modifications to the Covenant, any Impact Fee Deferral Covenant(s), Affordable Housing Covenant(s), and Consent(s), all in forms acceptable to the City Attorney; 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 herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized1 to negotiate and execute a Covenant in Lieu of Unity of Title, in a form acceptable to the City Attorney, a draft of which is attached hereto, to unify the City Property and County Property solely for zoning purposes in connection with the construction of new affordable housing on the Property, with terms and conditions more particularly set forth in said Covenant. Section 3. The City Manager is further authorized' to negotiate and execute all other documents necessary to facilitate the construction of the new affordable housing development on the adjacent County Property, including but not limited to amendments and modifications to the Covenant, any Impact Fee Deferral Covenant(s), Affordable Housing Covenant(s), and Consent(s), all in forms acceptable to the City Attorney. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 9/30/2022 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions.