Loading...
HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #19085 Date: 03/26/2026 Commission Meeting Date: 04/23/2026 Requesting Department: Department of Housing and Community Development Sponsored By: Rolando Escalona District Impacted: District 3 Type: Resolution Subject: Rescind & Replace - SG Little Havana Purpose of Item: AMENDED RESOLUTION NO. R-25-0519, ADOPTED ON DECEMBER 11, 2025, TO PROVIDE THAT THE CITY MANAGER IS AUTHORIZED TO NEGOTIATE AND EXECUTE THE CONDITIONAL GROUND LEASE AGREEMENTS AUTHORIZED THEREIN FOR PURPOSES OF ESTABLISHING SITE CONTROL AND FACILITATING THE DEVELOPER'S ABILITY TO OBTAIN CONSTRUCTION AND PERMANENT FINANCING FOR THE PROJECT. Background of Item: Pursuant to resolution No. R-25-0519. Adopted December 11, 2025, the City Commission authorized the leasing of certain City -owned parcels to SG Little Havana, LLC ("Developer") for the development of an affordable rental housing project for seniors consisting of approximately three hundred (300) units for residents aged fifty- five (55) years and older with incomes at or below sixty percent (60%) of the Area Media Income ("AMI"). The development of affordable housing projects requires the Developer to obtain construction and permanent from lenders, housing finance agencies, and other funding sources. Such financing sources customarily require evidence of site control, including an executed ground lease, prior to issuing binding financing commitments. The City Commission finds that execution of the ground lease agreements is necessary to allow the Developer to obtain the financing required to construct the Project. The City Commission desires to clarify that the ground lease agreements may be executed for purposes of establishing site control and facilitating financing, provided that the leasehold interest becomes effective only upon the closing of construction financing. The City Commission further finds that appropriate safeguards should be included to ensure the timely development of the Project for the intended public purpose of affordable housing. Budget Impact Analysis Item is NOT Related to Revenue Item has NOT an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: N/A Department of Housing and Community Development Review Completed Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B 03/26/2026 12:34 PM Luis Hernandez -Torres Marie Gouin Erica T. Paschal Natasha Colebrook -Williams Valentin J Alvarez Raymond Pereira Xavier Alban George K. Wysong III Nicole Ewan Mayor's Office City Clerk's Office City Clerk's Office Victor Turner Department Head Budget Analyst Review Completed Budget Review Completed Assistant City Manager Review Completed Approved on behalf of the City Manager Legislative Division Review Completed ACA Review Completed Deputy Attorney Review Completed Approved Form and Correctness Completed Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 03/26/2026 2:30 PM 03/27/2026 9:53 AM 03/27/2026 11:05 AM Completed 04/03/2026 9:57 AM 04/13/2026 6:15 PM 04/14/2026 1:49 PM 04/14/2026 3:33 PM 04/23/2026 9:00 AM 05/01/2026 12:43 PM 05/01/2026 1:34 PM 05/01/2026 1:34 PM City of Miami Legislation Resolution Enactment Number: R-26-0186 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 19085 Final Action Date:4/23/2026 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. R-25-0519, ADOPTED ON DECEMBER 11, 2025, "A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "C," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTIONS 29- B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), AND SECTION 18-182(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO EXECUTE A NINETY NINE (99) YEAR GROUND LEASE AGREEMENT ("LEASE"), RENEWABLE FOR AN ADDITIONAL NINETY NINE (99) YEARS, BETWEEN THE CITY OF MIAMI ("CITY") AND SG LITTLE HAVANA, LLC ("DEVELOPER"), ON THE CITY -OWNED PARCELS OF LAND, IDENTIFIED AS GROUP "A," BY FOLIO NUMBER(S) 01-4102-006-6450, 01- 4102-006-6460, 01-4102-006-6470, 01-4102-006-6480 AND 01-4102-006-6490, LOCATED IN MIAMI, FLORIDA AND GROUP "B," IDENTIFIED AS FOLIO NUMBER(S) 01-4138-003-2280, 01-4138-003-2270, 01-4138-003-2260, 01-4138-003-2250, 01-4138- 003-2240 AND 01-4138-003-2150, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" AND "B," RESPECTIVELY, ATTACHED AND INCORPORATED, FOR THE DEVELOPMENT OF AFFORDABLE ELDERLY RENTAL HOUSING PROJECT FOR LOW-INCOME SENIORS; 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; SUCH LEASE SUBJECT UPON SUCCESSFUL REMEDIATION OF EXISTING ENVIRONMENTAL CONDITIONS, IF ANY," AND REPLACING IN LIEU THEREOF THIS RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "C," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTIONS 29- B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), AND SECTION 18-182(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO EXECUTE A NINETY NINE (99) YEAR GROUND LEASE AGREEMENT ("LEASE"), RENEWABLE FOR AN ADDITIONAL NINETY NINE (99) YEARS, BETWEEN THE CITY OF MIAMI ("CITY") AND SG LITTLE HAVANA, LLC ("DEVELOPER"), ON THE CITY -OWNED PARCELS OF LAND, IDENTIFIED AS GROUP "A," BY FOLIO NUMBER(S) 01-4102-006-6450, 01- 4102-006-6460, 01-4102-006-6470, 01-4102-006-6480 AND 01-4102-006-6490, LOCATED IN MIAMI, FLORIDA AND GROUP "B," IDENTIFIED AS FOLIO NUMBER(S) 01-4138-003-2280, 01-4138-003-2270, 01-4138-003-2260, 01-4138-003-2250, 01-4138- 003-2240 AND 01-4138-003-2150, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" AND "B," RESPECTIVELY, ATTACHED AND INCORPORATED, FOR THE DEVELOPMENT OF A MIXED USE AFFORDABLE ELDERLY RENTAL HOUSING PROJECT FOR LOW-INCOME SENIORS ("PROJECT"); PROVIDING THAT THE CITY MANAGER IS AUTHORIZED TO EXECUTE THE GROUND LEASE FOR PURPOSES OF ESTABLISHING SITE CONTROL AND FACILITATING DEVELOPER'S ABILITY TO OBTAIN CONSTRUCTION AND PERMANENT FINANCING FOR THE PROJECT; PROVIDING THAT THE LEASE SHALL BECOME EFFECTIVE UPON THE CLOSING OF CONSTRUCTION FINANCING; PROVIDING THAT THE PROPERTY SHALL AUTOMATICALLY REVERT TO THE CITY IF BUILDING PERMITS ARE NOT OBTAINED WITHIN THREE (3) YEARS AND FURTHER REQUIRING THAT THE DEVELOPER USE COMMERCIALLY REASONABLE EFFORTS TO PURSUE APPROVALS AND FINANCING; 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; SUCH LEASE SUBJECT UPON SUCCESSFUL REMEDIATION OF EXISTING ENVIRONMENTAL CONDITIONS, IF ANY. WHEREAS, pursuant to Resolution No. R-25-0519, adopted on December 11, 2025, the City Commission authorized the leasing of certain City of Miami ("City") -owned parcels to SG Little Havana, LLC ("Developer") for the development of an affordable rental housing project for seniors consisting of approximately three hundred (300) units for residents aged fifty-five (55) years and older with incomes at or below sixty percent (60%) of the Area Media Income ("AMI"); and WHEREAS, it is the intent of the Developer and the City for the Project to be developed as a mixed use affordable rental housing project for low-income seniors on the parcels under a ninety-nine (99) years ground lease, renewable for an additional 99 years ("Lease"); and WHEREAS, Section 29-B(a) of the City Charter allows for the conveyance or disposition of City -owned property for the implementation of projects which are intended to benefit people or households with low and/or moderate income; and WHEREAS, the development of affordable housing projects requires the Developer to obtain construction and permanent loans from lenders, housing finance agencies, and other funding sources; and WHEREAS, such financing sources customarily require evidence of site control, including an executed ground lease, prior to issuing binding financing commitments; and WHEREAS, the City Commission finds that execution of the ground lease agreements is necessary to allow the Developer to obtain the financing required to construct the Project; and WHEREAS, the City Commission desires to clarify that the ground lease agreements may be executed for purposes of establishing site control and facilitating financing, provided that the leasehold interest becomes effective only upon the closing of construction financing; and WHEREAS, the City Commission further finds that appropriate safeguards should be included to ensure the timely development of the Project for the intended public purpose of affordable housing; and WHEREAS, the City shall require the following in order to lease the Parcels to the Developer: (i) evidence satisfactory to the Director of the Department of Housing and Community Development ("Director") that financial commitments from the lender or lenders have been received; (ii) any mortgages obtained by the Developer on the Parcel(s) will be subject to the approval of the Director, which such approval shall not be unreasonably withheld; and WHEREAS, the approval of the Lease shall be subject to compliance with all applicable federal, State of Florida, and local laws, rules, regulations, or restrictions; upon successful remediation of existing environmental conditions, if any; and the negotiation and execution of any other necessary documents all in form(s) acceptable to the City Attorney, for the purposes stated herein and in furtherance of 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 to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Resolution No. R-25-0519 is hereby rescinded in its entirety. Section 3. The City Manager is hereby authorized' to negotiate and execute a ninety- nine (99) years ground lease agreement, renewable for an additional 99 years ("Lease"), between the City and SG Little Havana, LLC, for the City -owned parcels of land located, as legally described in Exhibits "A" and "B," attached and incorporated, for the development of a mixed use affordable rental housing project for low-income seniors, all in a form acceptable to the City Attorney, for purposes of establishing site control and facilitating the Developer's ability to obtain construction and permanent financing for the Project, and providing that to the extent any language contained in Resolution No. R-25-0519 could be interpreted to prohibit execution of the ground lease agreements prior to the closing of the construction financing, such language is hereby clarified and superseded by this Resolution. Section 4. The ground lease agreements shall ensure that the lease shall not become effective, and no leasehold estate shall be created until the closing of construction financing for the Project. Nothing herein shall be construed to waive the requirement that construction financing be obtained prior to commencement of development of the Project. Section 5. The ground lease agreements shall include provisions requiring that the property automatically revert to the City of Miami in the event that the Developer fails to obtain building permits for the Project within three (3) years following execution of the lease agreements unless extended by the City Commission. Section 6. The ground lease agreements shall require the Developer to pursue development of the Project in good faith and to use commercially reasonable efforts to obtain all 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. necessary governmental approvals and financing as promptly as practicable following execution of the lease agreement. Section 7. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's determinations, findings, and recommendations, attached and incorporated as Exhibit "C," pursuant to Sections 29-B(a) of the City Charter are ratified, approved, and confirmed and the City Commission hereby waives the requirements for said procedures. Section 8. The City Manager is authorized' to negotiate and execute the ground lease agreements, and any amendments, extensions, or related documents, all in a form acceptable to the City Attorney. Section 9. This Resolution shall become effective immediately upon adoption and the signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 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.