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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attomeyfor DATE: March 24, 2023 RE: Resolution No. 23-0052 - Auth. Sale of Properties - Home Investment Partnerships Program File No. 13192 At its January 26, 2023 meeting, the City Commission adopted the above referenced agenda item, PH.6. The Resolution contained an error in Section 4 related to the veto language. The Legislation has been corrected and incremented to Revision A. VM/RFA/vj a Enclosure(s) CD 1'3100\ soft City of Miami Resolution R-23-0052 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigay.com File Number: 13192 Final Action Date: 1/26/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-72(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE SALE, WITH AFFORDABLE HOUSING RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, OF THE PROPERTIES APPROXIMATELY LOCATED AT 5515 NORTHWEST 1 COURT, 276 NORTHWEST 53 STREET, 1461 NORTHWEST 60 STREET, 5435 NORTHWEST 1 COURT, 779 NORTHWEST 57 STREET, AND 169 NORTHWEST 35 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO QUALIFIED APPLICANTS IN COMPLIANCE WITH THE REQUIREMEN1 0, 24 CFR PART 92 ALSO KNOWN AS THE HOME INVESTMENT �- f_, ) PARTNERSHIPS PROGRAM; AUTHORIZING THE CITY MANAGER NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMEhi [ , II A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPO§E- a7 SPONSOR(S): Commissioner Christine King -- :i WHEREAS, the City of Miami ("City") is the owner of the properties describet~n Esxibit "A" attached and incorporated (collectively, "Properties"), which are currently beingleve v'ped into affordable housing; and WHEREAS, once the homes on the Properties are fully constructed, they will be sold, at or below cost, for affordable homeownership housing to eligible applicants whose annual income is equal to or less than eighty percent (80%) of area median income as published annually by the United States Department of Housing and Urban Development ("Qualified Applicants"), through purchase and sale agreements, quit claim deeds containing automatic reverter provisions, and restrictive covenants running with the land, in compliance with 24 CFR Part 92, also known as the Home Investment Partnerships Program ("HOME Program"); and WHEREAS, each home's purchase price cannot be more than the maximum purchase price for new construction as published by the United States Department of Housing and Urban Development; and WHEREAS, the affordable housing restrictions and automatic reverter provisions contained in the conveying instrument(s) shall require that the Properties automatically revert to the City if the Properties are used in a manner that is inconsistent with the requirements of the HOME Program during the thirty (30) year term; and WHEREAS, Section 29-B(a) of the Charter of the City of Miami, Florida, as amended ("City Charter"), provides for the waiver of competitive bidding and other requirements City of Miami Page 1 of 2 File 1D: 13192 (Revision: A) Printed On: 3/28/2023 File 113: 13192 Enactment Number: R-23-0052 when "conveying property to implement housing programs or projects which are intended to benefit persons or households with low and/or moderate income, the criteria of which to be provided for by federal and/or state law or by the city commission"; and WHEREAS, the Qualified Applicants shall be selected by a lottery/random draw, which shall feature a City resident preference; and WHEREAS, the City's Administration recommends the sale, with affordable housing restrictions and automatic reverter provisions, of the Properties to Qualified Applicants in compliance with the HOME Program; 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. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, pursuant to Sections 29-B(a) of the City Charter and Section 18-72(B) of the Code of the City of Miami, Florida, as amended ("City Code"), the sale, with affordable housing restrictions and automatic reverter provisions, of the Properties to Qualified Applicants, in compliance with HOME Program requirements, is authorized.' Section 3. The City Manager is further authorized' to negotiate and execute any and all necessary documents, in a form acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: Z1. 4- ria deli z, City ttor' 1 1/312023 dez, i y 3/28/2023 -rt .11 r.- d + CZT — ' The herein authorization is further subject to compliance with all requirements that may be ilaos by the City Attorney, including but not limited, to those prescribed by applicable City Charter an&'City ode provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (1O) 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 2 of 2 File ID: 13192 (Revision: A) Printed on: 3/2812023 City of Miami "lslif OUT11 �. '� Legislation rart� Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13192 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4I5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-72(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE SALE, WITH AFFORDABLE HOUSING RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, OF THE PROPERTIES APPROXIMATELY LOCATED AT 5515 NORTHWEST 1 COURT, 276 NORTHWEST 53 STREET, 1461 NORTHWEST 60 STREET, 5435 NORTHWEST 1 COURT, 779 NORTHWEST 57 STREET, AND 169 NORTHWEST 35 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO QUALIFIED APPLICANTS IN COMPLIANCE WITH THE REQUIREMENTS OF 24 CFR PART 92 ALSO KNOWN AS THE HOME INVESTMENT PARTNERSHIPS PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") is the owner of the properties described in Exhibit "A", attached and incorporated (collectively, "Properties"), which are currently being deieloped into affordable housing; and WHEREAS, once the homes on the Properties are fully constructed, they wig a solo at or below cost, for affordable homeownership housing to eligible applicants whl5se ar (Jai income is equal to or Tess than eighty percent (80%) of area median income public ed annually by the United States Department of Housing and Urban Developmerlc("Qua i ied Applicants"), through purchase and sale agreements, quit claim deeds containi4C,..Outdfratic `wry reverter provisions, and restrictive covenants running with the land, in compliance'W h 24';EFR' Part 92, also known as the Home Investment Partnerships Program ("HOME Program;); acrd WHEREAS, each home's purchase price cannot be more than the maximum purchase price for new construction as published by the United States Department of Housing and Urban Development; and WHEREAS, the affordable housing restrictions and automatic reverter provisions contained in the conveying instrument(s) shall require that the Properties automatically revert to the City if the Properties are used in a manner that is inconsistent with the requirements of the HOME Program during the thirty (30) year term; and WHEREAS, Section 29-B(a) of the Charter of the City of Miami, Florida, as amended ("City Charter"), provides for the waiver of competitive bidding and other requirements when "conveying property to implement housing programs or projects which are intended to benefit persons or households with low and/or moderate income, the criteria of which to be provided for by federal and/or state law or by the city commission"; and WHEREAS, the Qualified Applicants shall be selected by a Tottery/random draw, which shall feature a City resident preference; and WHEREAS, the City's Administration recommends the sale, with affordable housing restrictions and automatic reverter provisions, of the Properties to Qualified Applicants in compliance with the HOME Program; 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. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, pursuant to Sections 29-B(a) of the City Charter and Section 18-72(B) of the Code of the City of Miami, Florida, as amended ("City Code"), the sale, with affordable housing restrictions and automatic reverter provisions, of the Properties to Qualified Applicants, in compliance with HOME Program requirements, is authorized.' Section 3. The City Manager is further authorized' to negotiate and execute any and all necessary documents, in a form acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 The herein authorization is further subject to compliance with ail requirements that may be imposed by the City Attorney, including but not limited, to those prescribed by applicable City Charter and City Code provisions.