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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #13418 Resolution Sponsored by: Commissioner Christine King A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "A" ("COVENANT"), IMPACTING THE PROPERTY LOCATED AT 98 NW 27 STREET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE COVENANT TO SUPERSEDE AND REPLACE THE AFFORDABLE HOUSING RESTRICTIONS SET FORTH IN THE QUIT CLAIM DEED RECORDED IN OFFICIAL RECORDS BOOK 24510, PAGE 3715, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN THE DECLARATION OF RESTRICTIVE COVENANTS, RECORDED IN OFFICIAL RECORDS BOOK 24510, PAGE 3720, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN THE COVENANT RUNNING WITH THE LAND - SINGLE FAMILY, RECORDED IN OFFICIAL RECORDS BOOK 25620, PAGE 3046, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND IN THE DECLARATION OF RESTRICTIVE COVENANTS FOR AFFORDABLE HOME -OWNER DEVELOPMENTS, RECORDED IN OFFICIAL RECORDS BOOK 25879, PAGE 2954, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City of Miami Legislation Resolution Enactment Number: R-23-0079 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13418 Final Action Date:2/9/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "A" ("COVENANT"), IMPACTING THE PROPERTY LOCATED AT 98 NW 27 STREET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE COVENANT TO SUPERSEDE AND REPLACE THE AFFORDABLE HOUSING RESTRICTIONS SET FORTH IN THE QUIT CLAIM DEED RECORDED IN OFFICIAL RECORDS BOOK 24510, PAGE 3715, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN THE DECLARATION OF RESTRICTIVE COVENANTS, RECORDED IN OFFICIAL RECORDS BOOK 24510, PAGE 3720, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN THE COVENANT RUNNING WITH THE LAND - SINGLE FAMILY, RECORDED IN OFFICIAL RECORDS BOOK 25620, PAGE 3046, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND IN THE DECLARATION OF RESTRICTIVE COVENANTS FOR AFFORDABLE HOME -OWNER DEVELOPMENTS, RECORDED IN OFFICIAL RECORDS BOOK 25879, PAGE 2954, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER 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, pursuant to Resolution No. 05-0522, Miami City Commission conveyed multiple City of Miami ("City") -owned parcels of land, including 98 Northwest 27 Street, as more particularly described in Exhibit "B", attached and incorporated ("Property"), to Rafael Hernandez Housing & Economic Development, Inc., a Florida not for profit corporation; and WHEREAS, the Property is currently subject to certain affordable housing restrictions, as more particularly set forth in the Quit Claim Deed recorded in Official Records Book 24510, Page 3715, of the Public Records of Miami -Dade County, Florida, in the Declaration of Restrictive Covenants, recorded in Official Records Book 24510, Page 3720, of the Public Records of Miami -Dade County, Florida, in the Covenant Running with the Land - Single Family, recorded in Official Records Book 25620, Page 3046, of the Public Records of Miami -Dade County, Florida, and in the Declaration of Restrictive Covenants for Affordable Home -Owner Developments, recorded in Official Records Book 25879, Page 2954, of the Public Records of Miami -Dade County, Florida (collectively, "Existing Affordable Housing Covenants"); and WHEREAS, the Property is currently owned by Bel Invest Wynwood 2, Inc., a Florida profit corporation ("Owner"); and WHEREAS, on the Property, Owner intends to construct a lodging/multi-family residential structure containing four (4) affordable micro dwelling units, which shall be occupied by persons whose income does not exceed eighty percent (80%) of area median income for Miami -Dade County, adjusted for household size, as determined by the United States Department of Housing and Urban Development on an annual basis, as more particularly described in Exhibit "A", attached and incorporated; and WHEREAS, Owner and City desire to negotiate and execute a Declaration of Restrictive Covenants, attached and incorporated as Exhibit "A" ("Covenant"), and for the Covenant to supersede and replace the Existing Affordable Housing Covenants; NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI CITY 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 negotiate and execute the Covenant. Section 3. The Covenant is authorized1 to supersede and replace the Existing Affordable Housing Covenants. Section 4. 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 5. This Resolution shall be effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Httor ey 1 /31 /2023 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 City Charter and City Code provisions.