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Home My WebLink AboutR-22-0405City of Miami Resolution R-22-0405 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12543 Final Action Date: 10/27/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING GRANT FUNDING IN AN AMOUNT NOT TO EXCEED FOUR MILLION, FIVE HUNDRED THOUSAND DOLLARS ($4,500,000.00) IN AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS TO THELMA GIBSON HEALTH INITIATIVE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("DEVELOPER"), SO THAT DEVELOPER CAN CAUSE TO BE CONSTRUCTED A NEW AFFORDABLE HOUSING DEVELOPMENT THAT WILL CONTAIN NO LESS THAN TWENTY-SEVEN (27) CITY -ASSISTED RESIDENTIAL RENTAL UNITS FOR ELIGIBLE RESIDENTS ("PROJECT"), PROVIDED THAT THIS ALLOCATION IS APPROVED IN WRITING BY THE CITY'S ARPA CONSULTANT ("ARPA CONSULTANT APPROVAL"), AND SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE APPROVAL OF THE PROJECT BY THE CITY OF MIAMI'S ("CITY") HOUSING AND COMMERCIAL LOAN COMMITTEE ("HCLC") ("HCLC APPROVAL"), AND SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED HEREIN, IN THE ARPA CONSULTANT APPROVAL, AND IN THE HCLC APPROVAL, PROVIDED THAT THE DEVELOPER FULFILLS ALL OF THE TERMS AND CONDITIONS TO BE SET FORTH IN THE ARPA CONSULTANT APPROVAL AND HCLC APPROVAL; SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE ARPA CONSULTANT APPROVAL AND THE HCLC APPROVAL, 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, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA ("STATE"), LOCAL, AND CITY LAWS, RULES, AND REGULATIONS FOR AFFORDABLE HOUSING PROJECTS AND ARPA FUNDS AND SUBJECT TO THE DEVELOPER FULFILLING ALL OF THE TERMS AND CONDITIONS TO BE SET FORTH IN THE ARPA CONSULTANT APPROVAL AND HCLC APPROVAL, IN ORDER TO ALLOCATE THE CITY'S ARPA FUNDING TO THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Ken Russell, Commissioner Manolo Reyes WHEREAS, the proposed mixed -use development known as Island District Development will contain a minimum of twenty seven (27) residential units and more than seven thousand square feet of ground floor commercial space and will be located at approximately 3640 Grand Avenue, 3649 Thomas Avenue, 3643 Thomas Avenue, and 3661 Thomas Avenue, as well as potentially other abutting parcels (collectively, the "Property"), and will provide no fewer than twenty seven (27) rent -restricted affordable housing units ("City -Assisted Units") in District 2 ("Project"); and City of Miami Page 1 of 3 File ID: 12543 (Revision: A) Printed On: 6/23/2025 File ID: 12543 Enactment Number: R-22-0405 WHEREAS, Thelma Gibson Health Initiative, Inc., a Florida not for profit corporation ("Developer"), proposes to develop and use the Property for below market rate rental housing, neighborhood retail, and cultural institutions; and WHEREAS, in exchange for the City providing an amount not to exceed Four Million, Five Hundred Thousand Dollars ($4,500,000.00) in American Rescue Plan Act of 2021 ("ARPA") funds for the construction of the Project, the Developer will construct and cause no less than twenty-seven (27) City -Assisted Units to be made into affordable housing, with the unit breakdown to be set and established by HCLC, for a period of no less than thirty (30) years commencing on the date on which the Project has obtained all of the required Certificate(s) of Occupancy and all City -Assisted Units have been leased to eligible residents; and WHEREAS, the City's Housing and Commercial Loan Committee ("HCLC") has not yet reviewed a completed proposal for the Project in order for the Project to receive an allocation of ARPA funds, and therefore, any City Commission approval is subject to the approval of the Project by HCLC ( "HCLC Approval") and the Developer fulfilling, in a timely manner, any and all terms, requirements, and conditions to be set forth by HCLC in its memoranda; and WHEREAS, the City's ARPA Consultant has not yet reviewed a completed proposal for the Project in order for the Project to receive and allocation of ARPA funds, and therefore, any City Commission approval is subject to the approval of the Project by the ARPA Consultant ("ARPA Consultant Approval") and the Developer fulfilling, in a timely manner, any and all terms, requirements, and conditions to be set forth by the ARPA Consultant in its memoranda; and WHEREAS, this allocation is subject to the following requirements: the City's ARPA funds shall be disbursed according to a codified draw schedule with a ramp up draw not to exceed one quarter of the total allocated funds, and the City shall record or cause to be recorded a declaration of restrictive covenants that shall run with the land and shall set forth the affordability restrictions of the Project ("Covenant"), which Covenant shall have senior lien priority to any and all liens associated with the financing related to the Project; and WHEREAS, the Project shall commence construction within eighteen (18) months of today's date, the Project shall obtain all certificates of occupancy require for the Project within twenty four (24) months of today's date, and the Project shall have all City -Assisted Units rented within twenty-four (24) months after the issuances of the Project's certificates of occupancy, but in no event later than thirty (30) months from today's date (collectively, "Benchmarks"), however, these Benchmarks may be administratively modified in order to comply with ARPA and or other federal requirements; and WHEREAS, the Developer has requested and the City Manager has determined in his memorandum, attached and incorporated as Exhibit "A," that it is in the best interest of the City to waive competitive bidding and that it is in the best interest of the City to allocate an amount not to exceed Four Million Five Hundred Thousand Dollars ($4,500,000.00) in ARPA funds for the affordable housing components of the Project being developed by the Developer provided that the Developer fulfills any and all of the terms and conditions to be set forth by the ARPA Consultant Approval and HCLC Approval; and WHEREAS, such allocation shall be in compliance with all applicable Federal, State of Florida, local, and City laws, rules, and regulations for affordable housing projects, including but not limited to ARPA (collectively, "Laws"); City of Miami Page 2 of 3 File ID: 12543 (Revision: A) Printed on: 6/23/2025 File ID: 12543 Enactment Number: R-22-0405 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 "A," pursuant to Section 18-85 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 ARPA Consultant Approval and HCLC Approval, the City Commission hereby authorizes' and directs the City Manager to allocate funding, subject to the requirements set forth herein, in an amount not to exceed Four Million, Five Hundred Thousand Dollars ($4,500,000.00) in ARPA funds for the Project being developed by the Developer provided that the Developer fulfills any and all terms and conditions to be set forth herein, in the ARPA Consultant Approval, and in the HCLC Approval, and subject to compliance with all Laws. Section 4. Subject to the receipt by the City Manager of the HCLC Approval, the City Manager is authorized1 to negotiate and execute any and all necessary documents, including amendments, extensions, and modifications, all in forms acceptable to the City Attorney, subject to compliance with all Laws and subject to the Developer fulfilling all of the terms and conditions to be set forth in the ARPA Consultant Approval and HCLC Approval, in order to allocate the ARPA funds to the Developer. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City ttor ey 10/18/2022 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. City of Miami Page 3 of 3 File ID: 12543 (Revision: A) Printed on: 6/23/2025