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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #14316 Resolution Sponsored by: Commissioner Alex Diaz de la Portilla, Commissioner Sabina Covo, Commissioner Joe Carollo, Commissioner Manolo Reyes, Commissioner Christine King A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING(S), ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING FUNDING AS A LOAN IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($3,500,000.00) FROM THE DISTRICT 2 SHARE OF THE CITY OF MIAMI'S MIAMI FOR EVERYONE ("MFE") PROGRAM ("GRANT"), TO THELMA GIBSON HEALTH INITIATIVE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("DEVELOPER"), FOR THE DEVELOPER TO ACQUIRE ONE (1) OR MORE OF THE PARCELS DESCRIBED IN EXHIBIT "C," ATTACHED AND INCORPORATED, ON WHICH THE DEVELOPER WILL CAUSE TO BE CONSTRUCTED A NEW AFFORDABLE HOUSING DEVELOPMENT TO BE KNOWN AS 3710 GRAND MIXED USE PROJECT ("PROJECT") THAT WILL CONTAIN NO LESS THAN TWENTY-THREE (23) CITY - ASSISTED RESIDENTIAL RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE ANNUAL INCOME EQUAL TO OR LESS THAN EIGHTY PERCENT (80%) OF AREA MEDIAN INCOME ("AMI") AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AS DESCRIBED IN EXHIBIT "D", SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE APPROVAL OF THE PROJECT BY THE CITY'S HOUSING AND COMMERCIAL LOAN COMMITTEE ("HCLC APPROVAL") AND SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED HEREIN AND IN THE HCLC APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA, LOCAL, AND CITY LAWS, RULES, AND REGULATIONS FOR AFFORDABLE HOUSING PROJECTS AND MFE FUNDS AND City of Miami Legislation Resolution Enactment Number: R-23-0335 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14316 Final Action Date:7/27/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING(S), ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING FUNDING AS A LOAN IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($3,500,000.00) FROM THE DISTRICT 2 SHARE OF THE CITY OF MIAMI'S MIAMI FOR EVERYONE ("MFE") PROGRAM ("GRANT"), TO THELMA GIBSON HEALTH INITIATIVE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("DEVELOPER"), FOR THE DEVELOPER TO ACQUIRE ONE (1) OR MORE OF THE PARCELS DESCRIBED IN EXHIBIT "C," ATTACHED AND INCORPORATED, ON WHICH THE DEVELOPER WILL CAUSE TO BE CONSTRUCTED A NEW AFFORDABLE HOUSING DEVELOPMENT TO BE KNOWN AS 3710 GRAND MIXED USE PROJECT ("PROJECT") THAT WILL CONTAIN NO LESS THAN TWENTY-THREE (23) CITY - ASSISTED RESIDENTIAL RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE ANNUAL INCOME EQUAL TO OR LESS THAN EIGHTY PERCENT (80%) OF AREA MEDIAN INCOME ("AMI") AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AS DESCRIBED IN EXHIBIT "D", SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE APPROVAL OF THE PROJECT BY THE CITY'S HOUSING AND COMMERCIAL LOAN COMMITTEE ("HCLC APPROVAL") AND SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED HEREIN AND IN THE HCLC APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA, LOCAL, AND CITY LAWS, RULES, AND REGULATIONS FOR AFFORDABLE HOUSING PROJECTS AND MFE FUNDS AND WHEREAS, on April 13, 2023, pursuant to Resolution No. R-23-0178, the City of Miami ("City") created the Miami For Everyone ("MFE") Program to assist communities facing the long- term complications resulting from declared emergencies and to address the specific needs of the most vulnerable residents and businesses, through a strategy of focusing the provision of support towards priority areas of need that will further stabilize economic conditions within City Districts; and WHEREAS, Thelma Gibson Health Initiative, Inc., a Florida Not For Profit Corporation ("Developer"), is an organization dedicated to improving lives in low-income neighborhoods with programs for critical needs, better health, new skills, jobs, housing and economic stability; and WHEREAS, Developer submitted a grant application, attached and incorporated as Exhibit "B," to the City of Miami ("City") for MFE Program Funds in order to purchase land for the proposed mixed -use affordable housing development known as 3710 Grand Mixed Use Project ("Project"); and WHEREAS, the proposed Project will be located as approximately 3710 Grand Avenue, and 3735 Washington Avenue in Miami, Florida, as set forth in Exhibit "C," attached and incorporated (collectively, "Property"), that Developer is currently negotiating to purchase and which will provide no fewer than twenty-three (23) City -assisted affordable rental units ("City - Assisted Units") upon purchase and development; and WHEREAS, the Developer proposes to develop the mixed -use Property inclusive of affordable housing (low to extremely low income housing), live-work/workforce housing, commercial/retail space, and community space; and WHEREAS, in exchange for the City providing an amount not to exceed Three Million Five Hundred Thousand and 00/100 Dollars ($3,500,000.00) from District 2's share of MFE funds ("Funds") in the form of a loan for the acquisition of the Property, or portions thereof, that the Developer will construct and cause the City -Assisted Units to be occupied by a mixed composition of eligible residents whose income is equal to or less than eighty percent (80%) of area median income ("AMI"), as published annually by the United States Department of Housing and Urban Development ("HUD") ("Eligible Residents"), for a period of no less than thirty (30) years commencing on the date on which the Project has obtained all of the required Certificates of Occupancy (or Temporary Certificates of Occupancy, if applicable) and all City -Assisted Units have been leased to Eligible Residents; and WHEREAS, the City's Housing and Commercial Loan Committee ("HCLC") has not yet reviewed a completed proposal for the Project in order for the Project to receive a loan of MFE funds and, therefore, any City Commission approval is subject to the approval of the Project by HCLC ("HCLC Approval") and the Developer fulfilling, in a timely manner, any and all terms, requirements, and conditions set forth in the HCLC Approval; and WHEREAS, this loan is subject to City's MFE funds shall remaining in escrow or with the City until the closing date of the acquisition of the Property and the City shall record or cause to be recorded a declaration of restrictive covenants that shall run with the land and shall set forth the affordability restrictions of the Project ("Covenant"), which Covenant shall have senior lien priority to any and all liens associated with the financing related to the Project; and WHEREAS, the Project shall commence construction within twelve (12) months of the date of closing for the purchase of the Property, the Project shall obtain all Certificates of Occupancy (or Temporary Certificates of Occupancy, as applicable) required for the Project within eighteen (18) months of the adoption of this Resolution, and the Project shall have all City -Assisted Units rented by Eligible Residents within twelve (12) months after the issuances of the Project's Certificates of Occupancy or Temporary Certificates of Occupancy, whichever shall occur first, but in no event later than thirty (30) months from the date of closing for the purchase of the Property (collectively, "Benchmarks"), which Benchmarks may be modified by HCLC in HCLC's sole discretion; and WHEREAS, the Developer has requested and the City Manager has determined in his memorandum, attached and incorporated as Exhibit "A," that it is in the best interest of the City to waive competitive bidding and that it is in the best interest of the City to allocate, in the form of a loan, an amount not to exceed Three Million Five Hundred Thousand and 00/100 Dollars ($3,500,000.00) in MFE funds for the land acquisition of the Project being developed by the Developer provided that the Developer fulfills all of the terms and conditions set forth in this Resolution and the HCLC Approval; and WHEREAS, such loan shall be in compliance with all applicable Federal, State of Florida, local, and City laws, rules, and regulations for affordable housing projects, (collectively, "Laws"); and WHEREAS, the City Manager is requesting authority from the City Commission to negotiate and execute any and all documents necessary, all in forms acceptable to the City Attorney, for the allocation of the Funds for the Project;. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Pursuant to Section 18-85(a) of the City Code, by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's written finding, attached and incorporated as Exhibit "A," that competitive negotiation methods and procedures are not practicable or advantageous for the City's provision of the Funds for the Program and waiving the requirements for said procedures, are hereby ratified, approved, and confirmed. Section 3. The City Manager is authorized' to allocate the Funds from the District 2 Commissioner's share of the City's MFE Program funds to Developer for the Project. Section 4. The City Manager is further authorized' to negotiate and execute any and all documents necessary, modifications, and amendments, all in forms acceptable to the City Attorney, for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ttor ey 7118/2023 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.