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Home My WebLink AboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #18949 Resolution Sponsored by: Commissioner Christine Kind A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ALLOCATE FIVE MILLION, THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($5,300,000.00) PURSUANT TO SECTION 62-642 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), UPON THE CITY MANAGER'S RECOMMENDATION, FROM THE PUBLIC BENEFITS TRUST FUND, ACCOUNT NO. 10095, TO THE AFFORDABLE HOUSING TRUST FUND, ACCOUNT NO. 14008.910101.4810000.0000.00000; APPROPRIATING IN AN AMOUNT NOT TO EXCEED FIVE MILLION, THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($5,300,000.00) FROM THE AFFORDABLE HOUSING TRUST FUND TO BE USED FOR THE DEVELOPMENT OF AFFORDABLE HOUSING LOCATED AT 6016 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA 33136, ALSO KNOWN AS CARVER THEATER, PURSUANT TO A LOAN AGREEMENT OR SIMILAR AGREEMENT AND SUBJECT TO AFFORDABILITY RESTRICTIONS, SUBJECT TO COMPLIANCE WITH THE CITY OF MIAMI'S ("CITY") 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, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City of Miami Legislation Resolution Enactment Number: R-26-0129 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18949 Final Action Date:3/12/2026 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ALLOCATE FIVE MILLION, THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($5,300,000.00) PURSUANT TO SECTION 62-642 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), UPON THE CITY MANAGER'S RECOMMENDATION, FROM THE PUBLIC BENEFITS TRUST FUND, ACCOUNT NO. 10095, TO THE AFFORDABLE HOUSING TRUST FUND, ACCOUNT NO. 14008.910101.4810000.0000.00000; APPROPRIATING IN AN AMOUNT NOT TO EXCEED FIVE MILLION, THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($5,300,000.00) FROM THE AFFORDABLE HOUSING TRUST FUND TO BE USED FOR THE DEVELOPMENT OF AFFORDABLE HOUSING LOCATED AT 6016 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA 33136, ALSO KNOWN AS CARVER THEATER, PURSUANT TO A LOAN AGREEMENT OR SIMILAR AGREEMENT AND SUBJECT TO AFFORDABILITY RESTRICTIONS, SUBJECT TO COMPLIANCE WITH THE CITY OF MIAMI'S ("CITY") 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, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, on June 27, 2019, the City of Miami ("City") Commission adopted Resolution No. R-19-0249 pursuant to Section 29-B(a) of the Charter of the City of Miami, Florida, as amended ("Charter"), authorizing the City Manager to transfer, with eligible Community Development Block Grant ("CDBG") Program activity restrictions and automatic reverter provisions, the property located at 6016 Northwest 7th Avenue, Miami, Florida 33136 ("Property"), also known as Carver Theater ("Project"), to Martin Luther King Economic Development, a Florida not -for -profit corporation, for the redevelopment of the Property for housing, subject to affordability restrictions; and WHEREAS, construction of affordable housing on the Property is a part of the City's overall effort to ameliorate the City's emergency need for affordable housing, which is in the best interest of the City and the community; and WHEREAS, Section 62-642 of the Code of the City of Miami, Florida, as amended ("City Code"), established a trust fund entitled the "Public Benefits Trust Fund," in order to collect the cash contributions made pursuant to Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as amended ("Miami 21 Code"), to supplement affordable/workforce housing, public parks and open space, and green building certification shortfalls; and WHEREAS, Section 62-642 of the City Code further provides that the City Commission, upon the manager's recommendation, shall annually allocate funds collected; and WHEREAS, Section 62-642 of the City Code additionally indicates that all cash contributions allocated by the City Commission to support affordable/workforce housing shall be deposited in the Affordable Housing Trust Fund for expenditures pursuant to the guidelines adopted by the City Commission; and all cash contributions allocated by the City Commission to support parks and open space shall be deposited in the Parks and Open Space Trust Fund to be expended in accordance with the guidelines outlined therein; and WHEREAS, funds in an amount not to exceed Five Million, Three Hundred Thousand and 00/100 Dollars ($5,300,000.00) are to be allocated from the Public Benefits Trust Fund to the Affordable Housing Trust Fund; and WHEREAS, funds in an amount not to exceed Five Million, Three Hundred Thousand and 00/100 Dollars ($5,300,000.00) are to be appropriated from the Affordable Housing Trust Fund to be used for the redevelopment of the Property for housing, subject to affordability restrictions; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. 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 funds in an amount not to exceed Five Million, Three Hundred Thousand and 00/100 Dollars ($5,300,000.00) from the Public Benefits Trust Fund, Account No. 10095, to the Affordable Housing Trust Fund, Account No. 14008.910101.4810000.0000.00000. Section 3. The City Commission authorizes) the appropriation from the Affordable Housing Trust Fund in an amount not to exceed Five Million, Three Hundred Thousand and 00/100 Dollars ($5,300,000.00) to be used for the redevelopment of the Property for housing, provided that the Project complies with 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, subject to affordability restrictions. Section 4. The City Manager is further authorized 1 to execute any and all documents necessary, all in a form 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 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. APPROVED AS TO FORM AND CORRECTNESS: