HomeMy WebLinkAboutR-23-0079City of Miami
Resolution R-23-0079
Legislation
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.
SPONSOR(S): Commissioner Christine King
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
City of Miami Page 1 of 2 File ID: 13418 (Revision:) Printed On: 6/26/2025
File ID: 13418 Enactment Number: R-23-0079
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 Attor ey 1/3172023
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.
City of Miami Page 2 of 2 File ID: 13418 (Revision:) Printed on: 6/26/2025