HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong III, City Attorney'/Gwyzzr
DATE: February 26, 2025
RE: Substitution — PH.11 on the February 26, 2025, City Commission Meeting:
Requesting authorization to allocate seven million two hundred thousand
dollars ($7,200,000.00) in Miami For Everyone funds to Collaborative
Development Corporation, a Florida Not For Profit Corporation, to acquire and
construct a new affordable housing development to be known as 3710 Grove
Landing Community Housing Development
File No.: 16840
Item PH.11 on the February 27, 2025 City Commission Meeting Agenda, proposes to
allocate funding as a loan in an amount not to exceed seven million two hundred thousand
dollars ($7,200,000.00) from the District 2's share of Miami For Everyone funding to
Collaborative Development Corporation, a Florida Not For Profit Corporation, for the
developer to acquire a parcel on which the developer will cause to be constructed a new
mixed -use affordable housing development to be known as 3710 Grove Landing Community
Housing Development ("Project") that will contain no fewer than forty-eight (48) city assisted
residential rental units for eligible residents whose annual income is equal to or less than
ninety-five percent (95%) of area median income ("AMI"), all subject to the terms, conditions
and restriction contained herein and in the HCLC approval and all federal, state, and local
laws that regulate the use of such for said purpose.
The Resolution is being substituted to modify the project from a residential rental
project to a homeownership condo project, to increase the number of City Assisted Units from
forty-eight (48) to sixty-three (63) units, as well as to include a minimum area median income
percentage for eligible residents between 60% and 95% area median income that was not
included at the time of publishing.
cc. Arthur Noriega V, City Manager c=)
Marie Gouin, Director, Office of Management & Budget `'"
Miriam M. Santana, Agenda Coordinator
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City of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16840 Final Action Date:
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 SEVEN MILLION TWO HUNDRED
THOUSAND AND 00/100 DOLLARS ($7,200,000.00) FROM THE DISTRICT 2
COMMISSIONER'S SHARE OF THE CITY'S MIAMI FOR EVERYONE ("MFE")
PROGRAM ("GRANT"), TO COLLABORATIVE DEVELOPMENT CORPORATION, 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 MIXED -USE AFFORDABLE HOUSING DEVELOPMENT TO
BE KNOWN AS 3710 GROVE LANDING COMMUNITY HOUSING DEVELOPMENT
("PROJECT') THAT WILL CONTAIN NO FEWER THAN SIXTY THREE (63) CITY -'°-i r
ASSISTED RESIDENTIAL HOMEOWNERSHIP CONDO UNITS FOR ELIGIBLE �'►
RESIDENTS WHOSE ANNUAL INCOME IS BETWEEN SIXTY PERCENT (60%) AND r*-t
NINETY-FIVE PERCENT (95%) OF AREA MEDIAN INCOME ("AMI") AS PUBLISHED E�
ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, 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, CONDITIOi a? "rl
AND RESTRICTIONS CONTAINED HEREIN AND IN THE HCLC APPROVAL; FURTHER.
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY ANETALL`'
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 SUBJECT TO THE PROJECT RECEIVING HCLC
APPROVAL AND THE DEVELOPER FULFILLING, IN A TIMELY MANNER, ANY AND
ALL TERMS, REQUIREMENTS, AND CONDITIONS SET FORTH IN THIS RESOLUTION
AND THE HCLC APPROVAL WHICH MAY BE IN ADDITION TO THE REQUIREMENTS
CONTAINED IN THIS RESOLUTION, IN ORDER TO ALLOCATE THE CITY'S MFE
FUNDING TO THE PROJECT IN THE FORM OF A LOAN; PROVIDING FOR AN
EFFECTIVE DATE.
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
City of Miami Page of File ID: (Revision:) Printed On:
File ID: Enactment Number:
WHEREAS, Collaborative Development Corporation is a Florida Not For Profit
Corporation whose mission is to plan, coordinate, and execute neighborhood revitalization
projects, expand affordable housing availability, and increase culture, tourism, business and
employment opportunities in impoverished and under -serviced communities ("Developer"); and
WHEREAS, the 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 Grove Landing
Community Housing Development ("Project"); and
WHEREAS, the proposed Project will be located at approximately 3710 Grand Avenue,
and 3735 Washington Avenue in Miami, Florida, which includes several properties the
Developer is currently negotiating to purchase and which will provide no fewer than (63) City
homeownership condo units ("City -Assisted Units") upon purchase and development, all as
identified in Exhibit "C," attached and incorporated (collectively, "Property"); 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 for cultural opportunities; and
WHEREAS, in exchange for the City providing an amount not to exceed Seven Million,
Two Hundred Thousand and 00/100 Dollars ($7,200,000.00) 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 between sixty percent and ninety-five percent
(95%) 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 remaining in escrow or with the pity
until the closing date of the acquisition of the Property and the City shall record or cause tQ be
recorded a declaration of restrictive covenants that shall run with the land and shall§eli forttrthe
affordability restrictions of the Project ("Covenant"), which Covenant shall have serilbrWJienc
priority to any and all liens associated with the financing related to the Project; and t f:,
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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 Seven Million, Two Hundred Thousand and 00/100 Dollars
($7,200,000.00) 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
City of Miami Page of File ID: (Revision:) Printed on: 2/26/2025
File ID: Enactment Number:
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, subject to
the Project receiving HCLC Approval.
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, subject to the Project receiving HCLC Approval and the Developer
fulfilling, in a timely manner, any and all terms, requirements, and conditions set forth in this
Resolution and the HCLC Approval which may be in addition to the requirements contained in
this Resolution.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
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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 of File ID: (Revision:) Printed on: 2/26/2025