Loading...
HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #13422 Date: 01 /31 /2023 Commission Meeting Date: 04/27/2023 Requesting Department: Department of Housing and Community Development Sponsored By: District Impacted: All Type: Resolution Subject: Authorize Transfer of Property to MLKEDC Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTIONS 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), AND SECTION 18-182(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO TRANSFER THE CITY -OWNED PROPERTIES LOCATED AT 750 NW 70 STREET AND 754 NW 70 STREET ("PROJECT"), MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, TO MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION ("MLKEDC"), A FLORIDA NOT FOR PROFIT CORPORATION, FOR USE AS RENTAL HOUSING TO CITY RESIDENTS AT OR BELOW 80% OF AREA MEDIAN INCOME AS STIPULATED BY THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") ANNUALLY FOR THIRTY YEARS (30) FROM THE DATE OF TRANSFER, FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT AND ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO TRANSFER THE PROPERTIES TO "MLKEDC". Background of Item: On December 2011, Liberty City Community Economic Development Corporation ("LCCEDC") executed a loan with the City of Miami ("City") for the acquisition of the properties located at 750-754 NW 70 Street, Miami, Florida, consisting of two-story building for the implementation of affordable housing for low-income persons. On August 10, 2012, the City of Miami Housing Commercial Loan Committee ("HCLC") approved the change of ownership from LCCEDC to Liberty City 70th Street LLC. On October 26, 2020, the City of Miami filed a complaint at the Circuit Court of the 11th Judicial Circuit in and For Miami -Dade, Florida to foreclose on its mortgage due to non- compliance with the terms of the loan documents executed between the City and Liberty 70th Street LLC.; and WHEREAS, on October 7, 2021, the City took control of the property through a Certificate of Sale awarded pursuant to the foreclosure action filed at the Circuit Court of the Eleventh Judicial Circuit in and Miami -Dade County, Florida. On January 18, 2023, MLKEDC submitted a Letter of Interest for ownership of the properties to manage the properties. MLKEDC is a non-profit organization in the community that can manage and operate the properties as affordable housing development. MLKEDC will maintain the property for use as rental housing to City residents at or below 80% of area median income as stipulated by the U. S. Department of Housing and Urban Development ("HUD") annually for thirty years (30) from the date of transfer. The City's Administration recommends the transfer of the city -owned properties located at 750 NW 70 Street and 754 NW 70 Street ("Project"), Miami, Florida, as more particularly described in Attachment "A," attached and incorporated, to Martin Luther King Economic Development Corporation ("MLKEDC"), for use as rental housing to City residents at or below 80% of area median income as stipulated by the U. S. Department of Housing and Urban Development ("HUD") annually for thirty years (30) from the date of transfer. Budget Impact Analysis Item has NOT an Expenditure Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: Reviewed B Department of Community and Economic Development Review Completed 01/31/2023 5:13 PM Office of Management and Budget Luis Hernandez -Torres Office of Management and Budget Marie Gouin City Manager's Office Larry M. Spring City Manager's Office Arthur Noriega V Legislative Division Valentin J Alvarez Office of the City Attorney Richard Appleton Office of the City Attorney Victoria Mendez City Commission Nicole Ewan City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office George Mensah Department Head Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Meeting Completed Completed Completed Completed Completed Completed Completed Completed Completed Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 02/01/2023 10:15 AM 02/06/2023 4:38 PM 02/13/2023 10:31 AM 02/13/2023 4:01 PM 02/15/2023 8:27 AM 02/28/2023 1:30 PM 02/28/2023 4:49 PM 03/09/2023 9:00 AM 04/27/2023 9:00 AM 05/06/2023 8:35 PM 05/06/2023 8:45 PM 05/08/2023 9:54 AM City of Miami Legislation Resolution Enactment Number: R-23-0187 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13422 Final Action Date:4/27/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTIONS 29- B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-182(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO TRANSFER THE CITY -OWNED PROPERTIES LOCATED AT 750 NORTHWEST 70 STREET AND 754 NORTHWEST 70 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION, TO BE USED AS AFFORDABLE RENTAL HOUSING BY RESIDENTS EARNING AT OR BELOW EIGHTY PERCENT (80%) OF AREA MEDIAN INCOME AS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUALLY, FOR THIRTY (30) YEARS FROM THE DATE OF THE TRANSFER; 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, in December 2011, Liberty City Community Economic Development Corporation ("LCCEDC") received a loan from the City of Miami ("City") for the acquisition of the properties located at 750 Northwest 70 Street and 754 Northwest 70 Street, Miami, Florida, as more particularly described in Exhibit "A" (collectively, "Properties"), which were to be used to implement affordable housing; and WHEREAS, on August 10, 2012, the City's Housing Commercial Loan Committee approved the change of ownership from LCCEDC to Liberty City 70th St LLC; and WHEREAS, on October 7, 2021, the City took control of the Properties through a Certificate of Sale awarded pursuant to a foreclosure action filed in the Eleventh Judicial Circuit of Miami Dade County; and WHEREAS, on January 18, 2023, Martin Luther King Economic Development Corporation, a Florida not for profit corporation ("MLKEDC"), submitted a letter of interest for ownership of the Properties so that MLKEDC could maintain the Properties as affordable housing; and WHEREAS, MLKEDC is a non-profit organization in the community that can manage and operate the Properties as an affordable housing development; and WHEREAS, MLKEDC must maintain the Properties for use as rental housing to City residents at or below eighty percent (80%) of area median income as stipulated by the United States Department of Housing and Urban Development annually ("AMI"), for thirty (30) years from the date of the transfer; and WHEREAS, the City's Administration recommends the transfer of the City -owned Properties to MLKEDC, for use as affordable rental housing for City residents whose income is at or below eighty percent (80%) of AMI, for thirty (30) years from the date of the transfer; 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 Charter of the City of Miami, Florida, as amended, and Section 18-182(c) of the Code of the City of Miami, Florida, as amended, the City Manager is authorized' to transfer the Properties to MLKEDC to be used as affordable rental housing by residents earning at or below eighty percent (80%) of AMI for thirty (30) years commencing on the date of said transfer. 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: ndez, City Attor ey ) 2/28/2023 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 applicable City Charter and Code provisions.