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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Resolution R-25-0061 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17237 Final Action Date: 2/27/2025 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 FOREVER BOND ("MFB") PROGRAM FUNDS IN AN AMOUNT NOT TO EXCEED FIVE MILLION, SEVEN HUNDRED THOUSAND AND 00/100 DOLLARS ($5,700,000.00) FROM THE DISTRICT 4 COMMISSIONER'S SHARE OF MFB FUNDS ("FUNDS") TO 5350 FLAGLER STREET, LLC ("DEVELOPER"), TO CONSTRUCT AN AFFORDABLE HOUSING DEVELOPMENT, LOCATED AT 5350 WEST FLAGLER STREET, MIAMI, FLORIDA, 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 ("HCLC") 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; 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 HCLC'S WRITTEN APPROVAL. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, on March 14, 2019, pursuant to Resolution Nos. R-19-0062 and R-19-0111, the City Commission authorized the initiation of validation proceedings for the November 7, 2017 Bond Referendum ("Voter Referendum") and the issuance of the City's taxable and tax- exempt bonds in the aggregate principal amount not exceeding Four Hundred Million Dollars ($400,000,000.00) in one or more separate series of City Tax -Exempt and Taxable Limited Ad Valorem Tax Bonds (collectively, "Miami Forever Bonds"), including tax-exempt and taxable bonds in one or more separate series not exceeding One Hundred Million Dollars ($100,000,000.00) for affordable housing and economic development capital projects ("Affordable Housing and Economic Development Bonds") of which an amount not to exceed City of Miami Page 1 of 4 File ID: 17237 (Revision: A) Printed On: 5/8/2025 17237 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 17237 Enactment Number: R-25-0061 Fifteen Million Dollars ($15,000,000.00) was proposed for the first Declaration of Intent to Reimburse; and WHEREAS, for all series of the Affordable Housing and Economic Development Bonds, Resolution Nos. R-19-0111, R-19-0325, and R-20-0337 set forth the aforementioned seven (7) Affordable Housing Miami Forever Bonds Projects Strategies as follows: i) Affordable Workforce New Rental Strategy, ii) Homeownership Preservation Strategy, iii) City Acquisition of Land, iv) Affordable Homeownership Strategy, v) Affordable Rental Housing Preservation Strategy, vi) Affordable New Construction Rental Strategy, and vii) Long Term Lease/Build/Manage Strategy; and WHEREAS, the City Acquisition of Land Strategy ("Acquisition Strategy") permits the City to acquire buildable vacant parcels of land suitable for the development of mixed use/mixed income affordable rental or homeownership developments/units to be built by the City or by organizations that have been procured through a competitive process; and WHEREAS, the City Commission has set forth certain requirements, terms, and conditions that are set forth in the City Acquisition of Land Program Summary, attached and incorporated as Exhibit "C," for certain costs/activities that are eligible for City funding under the Acquisition Strategy; and WHEREAS, on November 16, 2023, pursuant to City of Miami ("City") Resolution No. 23-0519, the City Commission authorized the purchase of the property located at 5350 West Flagler Street, Miami, Florida (Folio No. 01-4106-013-1790), as legally described in Exhibit "A", attached and incorporated ("Parcel"), in the amount of Five Million and 00/100 Dollars ($5,000,000.00) using Miami Forever Limited Ad Valorem Bonds funds ("MFB Funds"); and WHEREAS, on February 15, 2024, the City acquired the Parcel; and WHEREAS, on November 21, 2024, 5350 Flagler Street, LLC, submitted to the City a Letter of Request for the development of affordable rental housing project for low-income seniors ("Project"); and WHEREAS, the proposed Project is contingent upon successful remediation of existing environmental conditions on the Parcel and an award of ninety-eight (98) units under the Faircloth to RAD program by Miami -Dade County and HUD; and WHEREAS, 5350 Flagler Street, LLC ("Developer"), is a Florida limited liability company created for the development of the Project; and WHEREAS, Related Urban (RUDG, LLC) is the parent company of Developer and RUDG, LLC has completed various affordable housing developments within the City and currently has others at various stages of construction and is currently in good standing with the City; and WHEREAS, it is the intent of the Developer and the City for the Project to be developed as an affordable rental housing project for low-income seniors on the Parcel under a ninety-nine (99) years ground lease ("Lease"); and WHEREAS, on February 27, 2025, the City Commission adopted Resolution No. R-25- 0062 for the purpose of waiving the requirements of competitive negotiation methods and procedures that are not considered practicable pursuant to sections 29-B(a) of the charter of the City of Miami Page 2 of 4 File ID: 17237 (Revision: A) Printed on: 5/8/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 17237 Enactment Number: R-25-0061 City and section 18-182(c) for the purpose of authorizing the City Manager to execute a 99-year ground lease of a city property located at 5350 West Flagler Street, Miami, Florida, to the Developer for the development of the Project; and WHEREAS, the City Commission hereby allocates an amount not to exceed Five Million, Seven Hundred Thousand and 00/100 Dollars ($5,700,000.00) in MFB Funds for pre - development and construction costs ("Development Costs") associated with the development of the Project; and WHEREAS, the City Commission has determined that it is in the best interests of the City in accordance with the Voter Referendum, the Miami Forever Limited Ad Valorem Bonds Final Validation Order of December 16, 2019 ("Bonds Validation Order"), all attached and incorporated in Composite Exhibit "C," to authorize the allocation of Five Million, Seven Hundred Thousand and 00/100 Dollars ($5,700,000.00) in MFB Funds for the development of the Property for certain costs/activities that are eligible for City funding under the Affordable Housing Long Term Lease/Build Manage Strategy; and WHEREAS, such allocations shall be in compliance with all applicable Federal, State of Florida, local, and City laws, rules, regulations, and procedures, including, but not limited to, the Bonds Strategies, the Miami Forever Bond Validation Order, the Charter of the City of Miami, Florida, as amended ("City Charter"), and the Code of the City of Miami, Florida, as amended ("City Code") (collectively, "Laws"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as 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 determinations, finding, and recommendation, attached and incorporated as Exhibit "B," pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended, are ratified, approved, and confirmed and the City Commission hereby waives the requirements for said procedures. - I OD Section 3. Subject to the receipt by the City Manager of the HCD/HCLC Approvals,-, which shall be consistent with the City Commission approval, the City Commission hereby authorizes' and directs the City Manager to allocate funding on a reimbursement basis in ar amount not to exceed Five Million, Seven Hundred Thousand and 00/100 Dollars "1 ($5,700,000.00) for the Project being developed by the Developer provided that the Developer fulfills any and all terms and conditions to be set forth in the HCD/HCLC Approvals, which shall be consistent with the City Commission approval, and subject to compliance with all Laws. Section 4. The City Manager is directed and authorized' to negotiate and execute the Loan Agreement and any and all other necessary documents, including, but not limited to, amendments thereto, all in forms acceptable to the City Attorney and Bond Counsel, for the obligation of MFB Funds in an amount not to exceed Five Million, Seven Hundred Thousand and 00/100 Dollars ($5,700,000.00) to the Developer subject to compliance with all applicable Laws and for the purposes set forth in this Resolution. Section 5. The City Commission hereby declares the City's official intent to issue taxable Miami Forever Affordable Housing Bonds, in one or more series, to the extent City of Miami Page 3 of 4 File ID: 17237 (Revision: A) Printed on: 5/8/2025 File ID: 17237 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: R-25-0061 permissible under applicable laws, rules, and regulations regarding the Miami Forever Affordable Housing Bonds, and use a portion of the Miami Forever Affordable Housing Bonds in the total amount of Five Million, Seven Hundred Thousand and 00/100 Dollars ($5,700,000.00) to reimburse the City for funds advanced by it for expenditures incurred and to be incurred with respect to the Project and the purposes stated herein. Section 6. This Resolution shall take effect immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: Wy j ng III, C y or • y 5/7/2025 City of Miami Page 4 of 4 File ID: 17237 (Revision: A) Printed on: 5✓8/2025 SUBSTITUTED City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.co Fite Number: 17237 Final Actio 'ate: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIA , FLORIDA, AS AMENDED, BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE OTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVI , AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTI AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAG CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENT PROCEDURES; AUTHORIZING THE ALLOCATION AND AP MIAMI FOREVER BOND ("MFB") PROGRAM FUNDS IN A EXCEED FIVE MILLION, SEVEN HUNDRED THOUSAN ($5,700,000.00) FROM THE DISTRICT 4 COMMISSIO ("FUNDS") TO 5350 FLAGLER STREET, LLC ("DEV AFFORDABLE HOUSING DEVELOPMENT, LOCA STREET, MIAMI, FLORIDA, AS MORE PARTICU ATTACHED AND INCORPORATED ("PROJEC THE CITY'S DEPARTMENT OF HOUSING GUIDELINES, THE RECEIPT BY THE CIT APPROVAL OF THE PROJECT BY THE LOAN COMMITTEE ("HCLC") AND SU RESTRICTIONS CONTAINED IN TH APPROVAL"), AND ALL FEDERAL THE USE OF SUCH FUNDS FO CITY MANAGER TO NEGOTI DOCUMENTS, INCLUDING ALL IN FORMS ACCEPTA SUBJECT TO THE REC APPROVAL. ION METHODS US FOR THE OR SAID OPRIATION OF AMOUNT NOT TO AND 00/100 DOLLARS R'S SHARE OF MFB FUNDS OPER"), TO CONSTRUCT AN D AT 5350 WEST FLAGLER ARLY DESCRIBED IN EXHIBIT "A," ), SUBJECT TO COMPLIANCE WITH COMMUNITY DEVELOPMENT ANAGER OF THE WRITTEN TY'S HOUSING AND COMMERCIAL ECT TO THE TERMS, CONDITIONS, AND HCLC APPROVAL (COLLECTIVELY, "HCLC TATE, AND LOCAL LAWS THAT REGULATE AID PURPOSE; FURTHER AUTHORIZING THE AND EXECUTE ANY AND ALL NECESSARY ENDMENTS, EXTENSIONS, AND MODIFICATIONS, E TO THE CITY ATTORNEY, FOR SAID PURPOSE, T BY THE CITY MANAGER OF HCLC'S WRITTEN WHEREAS, oarch 14, 2019, pursuant to Resolution Nos. R-19-0062 and R-19-0111, the City Commissio authorized the initiation of validation proceedings for the November 7, 2017 Bond Refer dum ("Voter Referendum") and the issuance of the City's taxable and tax- exempt bonds i the aggregate principal amount not exceeding Four Hundred Million Dollars ($400,000,00'.00) in one or more separate series of City Tax -Exempt and Taxable Limited Ad Valorem T. Bonds (collectively, "Miami Forever Bonds"), including tax-exempt and taxable bonds in ' e or more separate series not exceeding One Hundred Million Dollars ($100, s 1,000.00) for affordable housing and economic development capital projects ("Affo • able Housing and Economic Development Bonds") of which an amount not to exceed Fift -n Million Dollars ($15,000,000.00) was proposed for the first Declaration of Intent to mburse; and WHEREAS, for all series of the Affordable Housing and Economic Development Bonds, Resolution Nos. R-19-0111, R-19-0325, and R-20-0337 set forth the aforementioned seven (7) Affordable Housing Miami Forever Bonds Projects Strategies as follows: i) Affordable Workforce SUBSTITUTED New Rental Strategy, ii) Homeownership Preservation Strategy, iii) City Acquisition of Land, iv) Affordable Homeownership Strategy, v) Affordable Rental Housing Preservation Strategy, vi) Affordable New Construction Rental Strategy, and vii) Long Term Lease/Build/Manage Strategy; and WHEREAS, the City Acquisition of Land Strategy ("Acquisition Strategy") permits th City to acquire buildable vacant parcels of land suitable for the development of mixed us: ixed income affordable rental or homeownership developments/units to be built by the City • by organizations that have been procured through a competitive process; and WHEREAS, the City Commission has set forth certain requirements, ter and conditions that are set forth in the City Acquisition of Land Program Summary, ached and incorporated as Exhibit "C," for certain costs/activities that are eligible for Cit unding under the Acquisition Strategy; and WHEREAS, on November 16, 2023, pursuant to City of Miami ity") Resolution No. 23-0519, the City Commission authorized the purchase of the prope located at 5350 West Flagler Street, Miami, Florida (Folio No. 01-4106-013-1790), as le• y described in Exhibit "A", attached and incorporated ("Parcel"), in the amount of Five Millio' and 00/100 Dollars ($5,000,000.00) using Miami Forever Limited Ad Valorem Bon• . funds ("MFB Funds"); and • WHEREAS, on February 15, 2024, the City acquir the Parcel; and WHEREAS, on November 21, 2024, 5350 Fla • r Street, LLC, submitted to the City a, Letter of Request for the development of affordable r'. tal housing project for low-income seniors ("Project"); and WHEREAS, the proposed Project is co- ingent upon successful remediation of existing environmental conditions on the Parcel and - award of ninety-eight (98) units under the Faircloth to RAD program by Miami -Dade ' •unty and HUD; and WHEREAS, 5350 Flagler Stre= , LLC ("Developer"), is a Florida limited liability company created for the development of the P • ject; and WHEREAS, Related Urb (RUDG, LLC) is the parent company of Developer and RUDG, LLC has completed v. ous affordable housing developments within the City and currently has others at vario stages of construction and is currently in good standing with the City; and WHEREAS, it ' . the intent of the Developer and the City for the Project to be developed as an affordable ren = I housing project for low-income seniors on the Parcel under a ninety-nine (99) years ground -ase ("Lease"); and WHE AS, on February 27, 2025, the City Commission adopted Resolution No. R-25- XXXX for th purpose of waiving the requirements of competitive negotiation methods and procedur that are not considered practicable pursuant to sections 29-B(a) of the charter of the City an..ection 18-182(c) for the purpose of authorizing the City Manager to execute a 99-year groun' ease of a city property located at 5350 West Flagler Street, Miami, Florida, to the Dev• oper for the development of the Project; and WHEREAS, the City Commission hereby allocates an amount not to exceed Five Million, Seven Hundred Thousand and 00/100 Dollars ($5,700,000.00) in MFB Funds for pre - development and construction costs ("Development Costs") associated with the development of the Project; and SUBSTITUTED WHEREAS, the City Commission has determined that it is in the best interests of the City in accordance with the Voter Referendum, the Miami Forever Limited Ad Valorem Bonds Final Validation Order of December 16, 2019 ("Bonds Validation Order"), all attached and incorporated in Composite Exhibit "C," to authorize the allocation of Five Million, Seven Hundr Thousand and 00/100 Dollars ($5,700,000.00) in MFB Funds for the development of the Property for certain costs/activities that are eligible for City funding under the Affordable Housing Long Term Lease/Build Manage Strategy; and WHEREAS, such allocations shall be in compliance with all applicable Fede : , State of Florida, local, and City laws, rules, regulations, and procedures, including, but no mited to, the Bonds Strategies, the Miami Forever Bond Validation Order, the Charter of the ' of Miami, Florida, as amended ("City Charter"), and the Code of the City of Miami, Flori • : , as amended ("City Code") (collectively, "Laws"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMM! • ION OF THE CITY MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Prea adopted by reference and incorporated as fully set forth in this ction. e to this Resolution are Section 2. By a four -fifths (4/5ths) affirmative vote, - er an advertised public hearing, the City Manager's determinations, finding, and recomme • ation, attached and incorporated as Exhibit "B," pursuant to Section 18-85(a) of the Code of e City of Miami, Florida, as amended, are ratified, approved, and confirmed and the City Co- mission hereby waives the requirements for said procedures. Section 3. Subject to the receipt by the ' ity Manager of the HCD/HCLC Approvals, which shall be consistent with the City Comm' . sion approval, the City Commission hereby authorizes' and directs the City Manager to : Ilocate funding on a reimbursement basis in an amount not to exceed Five Million, Seve undred Thousand and 00/100 Dollars ($5,700,000.00) for the Project being d: /eloped by the Developer provided that the Developer fulfills any and all terms and conditio - to be set forth in the HCD/HCLC Approvals, which shill be consistent with the City Commis on approval, and subject to compliance with all Laws. Section 4. The City Ma- ger is directed and authorized' to negotiate and execute the - Loan Agreement and any an. -11 other necessary documents, including, but not limited to, r` r.1 amendments thereto, all in . rms acceptable to the City Attorney and Bond Counsel, for the obligation of MFB Funds ' an amount not to exceed Five Million, Seven Hundred Thousand and 00/100 Dollars ($5 00,000.00) to the Developer subject to compliance with all applicable Laws and for the pur•.ses set forth in this Resolution. Section 5 he City Commission hereby declares the City's official intent to issue taxable Miami . • rever Affordable Housing Bonds, in one or more series, to the extent permissible der applicable laws, rules, and regulations regarding the Miami Forever Affordable ousing Bonds, and use a portion of the Miami Forever Affordable Housing Bonds in the total . ount of Five Million, Seven Hundred Thousand and 00/100 Dollars ($5,700,000.00) to reim rse the City for funds advanced by it for expenditures incurred and to be incurred with resp: to the Project and the purposes stated herein. Section 6. This Resolution shall take effect immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: