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HomeMy WebLinkAboutR-23-0281City of Miami Resolution R-23-0281 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14156 Final Action Date: 6/22/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), AUTHORIZING THE CITY MANAGER TO ACCEPT THE UPDATED PROPOSAL, ATTACHED AND INCORPORATED AS EXHIBIT "B," FROM MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION ("DEVELOPER"), WITH COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, FOR THE REDEVELOPMENT OF THE CITY OF MIAMI OWNED PARCEL OF LAND AND ALL IMPROVEMENTS THEREON LOCATED AT 6016 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, ALSO KNOWN AS THE CARVER THEATER ("PARCEL") FOR AFFORDABLE HOUSING, SUBJECT TO CDBG PROGRAM RESTRICTIONS AND/OR OTHER ELIGIBLE CDBG ACTIVITIES; 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 PARCEL TO THE DEVELOPER, SUBJECT TO THE TERMS OF RESOLUTION NO. 19-0249, ADOPTED BY THE CITY COMMISSION ON JUNE 27, 2019, AND THE UPDATED PROPOSAL. SPONSOR(S): Commissioner Christine King WHEREAS, on May 10, 2018, pursuant to Resolution No. 18-0177, the City Commission authorized, by extraordinary vote, the purchase of the Carver Theater located at 6016 Northwest 7th Avenue, Miami, Florida, as legally described in Exhibit "A," attached and incorporated ("Parcel"), in the amount of One Million, Five Hundred Thirty Thousand and 00/100 Dollars ($1,530,000.00) in Community Development Block Grant ("CDBG") funds ("Funds") for community activities; and WHEREAS, on June 27, 2019, pursuant to Resolution No. 19-0249 ("R-19-0249"), the City Commission, pursuant to Section 29-B(a) of the City Charter, authorized the transfer, with CDBG program restrictions and automatic reverter provisions, of the Parcel to the Martin Luther King Economic Development Corporation, a Florida Not For Profit Corporation ("Developer") for the redevelopment of the Parcel for affordable housing, subject to CDBG program restrictions, and/or for other eligible CDBG activities; and WHEREAS, the City Commission now wishes to consider an updated proposal for the redevelopment of the Parcel by the Developer which will provide a minimum of forty (40) affordable housing units and the transfer of the property to assigns, affiliates, and/or subsidiaries as identified in the updated proposal that will help ensure the development of the project ("Approved Transfers"), attached and incorporated herein as Exhibit "B" ("Updated City of Miami Page 1 of 3 File ID: 14156 (Revision:) Printed On: 7/7/2025 File ID: 14156 Enactment Number: R-23-0281 Proposal"), subject to CDBG program restrictions, and/or other eligible CDBG activities for low to moderate income persons; and WHEREAS, the City of Miami ("City") Administration recommends accepting the updated proposal from the Developer; and WHEREAS, the transferring with CDBG activity restrictions and automatic reverter provisions the City -owned Parcel to the Developer in "as is" and "where is" condition as authorized in R-19-0249 not modified by this Resolution are still effective and applicable to the transfer and redevelopemtn of the Parcel; and WHEREAS, because the City acquired the Parcel with CDBG Funds, the Developer and the City must comply with all federal regulations that regulate the use of such Funds; and WHEREAS, the CDBG activity restrictions and automatic reverter provisions contained in the conveying instruments shall require the Parcel to automatically revert to the City if (i) the Parcel is used for any non-CDBG eligible activity and/or (ii) the Parcel is encumbered or transferred without the approval of the City, except for the Approved Transfers; and WHEREAS, the Parcel shall be redeveloped as affordable housing, subject to CDBG program restrictions and/or for an eligible CDBG activity serving low to moderate income residents in accordance with Section 29-B(a) of the Charter of the City of Miami, Florida, as amended ("City Charter"); and WHEREAS, Section 29-B(a) of the City Charter states that competitive bidding shall not apply to properties that are conveyed to implement housing programs or projects which are intended to benefit persons or households with low and/or moderate income; and WHEREAS, the City shall require the following in order to convey the Parcel to the Developer: (i) evidence satisfactory to the Director of the Department of Housing and Community Development ("Director") that financial commitments from the lender or lenders have been received; (ii) any mortgages obtained by the Developer on the Parcel will be subject to the approval of the Director; and (iii) the closing of the Parcel occurs simultaneously with the closing of the construction financing by the lender(s), if any; and WHEREAS, the Parcel shall be conveyed through an agreement ("Agreement") and any and all other necessary documents, all in form(s) acceptable to the City Attorney; 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. Pursuant to Section 29-B(a) of the City Charter the City Manager is authorized' to accept, with CDBG program restrictions and automatic reverter provisions, the Developer's Updated Proposal for the redevelopment of the Parcel for affordable housing, subject to CDBG program restrictions and/or for other eligible CDBG activities. City of Miami Page 2 of 3 File ID: 14156 (Revision:) Printed on: 7/7/2025 File ID: 14156 Enactment Number: R-23-0281 Section 3. The City Manager is further authorized' 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 Parcel to the Developer, subject to the terms of R-19-0249 and the Updated Proposal. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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 3 of 3 File ID: 14156 (Revision:) Printed on: 7/7/2025