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HomeMy WebLinkAboutR-23-0430City of Miami Resolution R-23-0430 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14653 Final Action Date: 9/28/2023 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 FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION AND APPROPRIATION OF MIAMI FOR EVERYONE ("MFE") PROGRAM FUNDS IN AN AMOUNT NOT TO EXCEED THREE MILLION AND 00/100 DOLLARS ($3,000,000.00) FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF MFE PROGRAMS ("FUNDS") TO LIBERTY RENAISSANCE APARTMENTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("DEVELOPER"), TO CONSTRUCT A NEW AFFORDABLE HOUSING DEVELOPMENT THAT WILL CONTAIN NO LESS THAN NINETY-EIGHT (98) AFFORDABLE HOUSING RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE AVERAGE ANNUAL INCOME IS BETWEEN THIRTY PERCENT (30%) AND SEVENTY PERCENT (70%) OF AREA MEDIAN INCOME, AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO BE KNOWN AS "LIBERTY RENAISSANCE", LOCATED AT 1305, 1321, 1331, 1341 AND 1361 NORTHWEST 61 STREET AND 1320 AND 1370 NORTHWEST 61 STREET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("PROJECT"), SUBJECT TO COMPLIANCE WITH THE CITY'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT GUIDELINES, THE RECEIPT BY THE CITY MANAGER OF THE WRITTEN APPROVAL OF THE PROJECT BY THE CITY'S HOUSING AND COMMERCIAL LOAN COMMITTEE AND SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED IN THE HCLC APPROVAL (COLLECTIVELY, "HCLC APPROVAL"), AND ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; DEALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED THREE MILLION, SIXTY-FOUR THOUSAND, SEVENTY AND 00/100 DOLLARS ($3,064,070.00) IN MIAMI FOREVER LIMITED AD VALOREM BOND FUNDING PREVIOUSLY AWARDED TO THE DEVELOPER FOR THE PROJECT; 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, FOR SAID PURPOSE, SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE HCLC APPROVAL. City of Miami Page 1 of 5 File ID: 14653 (Revision: A) Printed On: 7/14/2025 File ID: 14653 Enactment Number: R-23-0430 SPONSOR(S): Commissioner Christine King WHEREAS, on November 21, 2016, the City of Miami ("City") issued a Request for Proposals ("RFP") inviting qualified private real estate developers to propose developments of Affordable/Workforce rental housing on certain City -owned parcels of land; and WHEREAS, on November 16, 2017, pursuant to Resolution 17-0512, the City Commission authorized the transfer with affordable/workforce rental housing restrictions and automatic reverter provisions, of the City -owned properties located at 1305, 1321, 1331, 1341 and 1361 NW 61 Street (collectively, "Original Parcels") to Centennial Management Corp. ("Centennial Management") for the construction of affordable/workforce housing for eligible low to moderate income persons; and WHEREAS, on November 15, 2018, pursuant to Resolution 18-0506, the City Commission authorized the transfer with affordable/workforce rental housing restrictions and automatic reverter provisions, of the City -owned properties located at 1320 and 1370 NW 61 Street (these two (2) additional parcels together with the Original Parcels shall be referred to collectively as the "Sites," as legally described in Exhibit "A," attached and incorporated herein by this reference) to Centennial Management for the construction of affordable/workforce housing opportunities; and WHEREAS, Centennial Management will be required to pay back the City of Miami Three Hundred Sixty -Four Thousand, Five Hundred Thirty and 25/100 Dollars ($364,530.25) for all of the sites as Homeland Defense Limited Ad Valorem Tax Bonds were used at acquisition; and WHEREAS, Centennial Management created a separate legal entity for the Project, Liberty Renaissance Apartments LLC, a Florida Limited Liability Company ("Liberty Renaissance"), in connection with its application for low-income housing tax credits from the Florida Housing Finance Corporation ("FHFC") and requested that the City transfer the Sites to Liberty Renaissance; and WHEREAS, on March 14, 2019, pursuant to Resolution 19-0100, the City Commission authorized the conveyance of the Sites to Liberty Renaissance; and WHEREAS, on March 14, 2019, pursuant to Resolution 19-0111, the City Commission authorized the allocation of Miami Forever Limited Ad Valorem Bonds ("MFB") to the Liberty Renaissance project in the amount of One Million and 00/100 Dollars ($1,000,000); and WHEREAS, on September 27, 2019, the City's Housing and Commercial Loan Committee ("HCLC") approved the allocation of MFB Funds in the amount of One Million and 00/100 Dollars ($1,000,000) for the development of the ninety-eight (98) unit affordable rental housing Liberty Renaissance project; and WHEREAS, on October 29, 2021, the HCLC approved additional funding in the amount of Two Million, Sixty -Four Thousand, Seventy and 00/100 Dollars ($2,064,070.00) in MFB Funds was approved for a total amount of Three Million, Sixty -Four Thousand, Seventy and 00/100 Dollars ($3,064,070.00) in MFB Funds for the Project; and WHEREAS, the original development plan was to build two (2) structures containing a total of ninety-eight (98) units, with the north side building site located at 1305-1361 NW 61 City of Miami Page 2 of 5 File ID: 14653 (Revision: A) Printed on: 7/14/2025 File ID: 14653 Enactment Number: R-23-0430 Street to contain sixty-eight (68) rental units and the south side building site to be built on 1320 and 1370 NW 61 Street to contain a total of thirty (30) rental units; and WHEREAS, on July 26, 2023, Liberty Renaissance submitted a Letter of Request to the City to approve modifications to the Project; and WHEREAS, the updated project will provide ninety-eight (98) rental units for households ranging from thirty percent (30%) and up to seventy percent (70%) of the area median income, as published annually by the United States Department of Housing and Urban Development ("Project"); 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, the MFE resolution established guidance and eligibility of the MFE Program funds for affordable housing projects; and WHEREAS, the MFE Program funding is subject to compliance with the City's Department of Housing and Community Development's ("HCD") rules, guidelines, processes, and procedures; and WHEREAS, Liberty Renaissance has applied to the City for funding in support of its Project, attached and incorporated herein as Exhibit "C;" and WHEREAS, the City's District 5 Commissioner ("Commissioner") wishes to provide funds from the Commissioner's share of the City's MFE Program funds in an amount not to exceed Three Million and 00/100 Dollars ($3,000,000.00) ("Funds") for construction hard costs for the affordable housing component(s) of the Project; and WHEREAS, the City's Housing and Commercial Loan Committee ("HCLC") has not yet reviewed a completed proposal for the Project; and WHEREAS, MFE funding for the Project will be subject to receipt by the City Manager of HCLC approval and any terms, requirements, and conditions as may be set forth in said HCLC approval (collectively, "HCLC Approval"); and WHEREAS, subject to HCLC Approval, the Project shall commence construction within six (6) months of the date of the loan's closing as described in the HCLC Approval ("Closing"), 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 Closing, 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 Closing (collectively, "Benchmarks"), however, these Benchmarks may be modified by HCLC; and WHEREAS, MFE Program funding for the Project will also be subject to Liberty Renaissance's compliance with all other contracts or agreements it has with the City for the Parcel and/or the Project; and City of Miami Page 3 of 5 File ID: 14653 (Revision: A) Printed on: 7/14/2025 File ID: 14653 Enactment Number: R-23-0430 WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager has made a written finding, attached and incorporated as Exhibit "B," that competitive negotiation methods and procedures are not practicable or advantageous for the City's provision of the Funds for the proposed Project; 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, subject to the receipt by the City Manager of the HCLC Approval; and WHEREAS, it is in the best interest of the City to de -allocate MFB Funds previously awarded for the Project in an amount not to exceed Three Million, Sixty -Four Thousand, Seventy and 00/100 Dollars ($3,064,070.00); 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. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's finding and recommendation, attached and incorporated as Exhibit "B," that competitive negotiation methods and procedures are not practicable or advantageous to the City pursuant to Section 18-85(a) of the City Code are ratified, approved, and confirmed and the requirements for said procedures are waived. Section 3. The City Manager is authorized' to allocate and appropriate Funds to Liberty Renaissance in order to implement the Project, on a reimbursement basis, subject to compliance with HCD guidelines, the receipt by the City Manager of the HCLC Approval and all federal, state, and local laws that regulate the use of such funds for said purpose. Section 4. The City Manager is authorized' and directed to de -allocate MFB Funds previously awarded for the Project in an amount not to exceed Three Million, Sixty -Four Thousand, Seventy and 00/100 Dollars ($3,064,070.00). Section 5. The City Manager is further authorized' to negotiate and execute any and all necessary documents, including any amendments, extensions and modifications, all in forms acceptable to the City Attorney, for said purpose, subject to receipt by the City Manager of the HCLC Approval. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 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 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 4 of 5 File ID: 14653 (Revision: A) Printed on: 7/14/2025 File ID: 14653 Enactment Number: R-23-0430 APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 5 of 5 File ID: 14653 (Revision: A) Printed on: 7/14/2025