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HomeMy WebLinkAboutExhibit BTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM James Reyes, City Manager DATE: June 15, 2026 19456 SUBJEC 1 Bid Waiver -Ground Lease Agreement 5350 West Flagler Street, LLC. Victor Tumer, Director Dpt. of Housing and Community Development REFERENCES: ENCLOSURES: BACKGROUND Pursuant to Resolution No. R-25-0062, adopted on February, 27 2025, the City Commission authorized the leasing of certain City of Miami ("City") owned parcels to 5350 Flagler Street, LLC ("Developer") for the development of an affordable rental housing project for seniors consisting of approximately ninety-eight (98) units. 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 ("Lease"). 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. The development of affordable housing projects requires the Developer to obtain construction and permanent loans 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. -1 N CZZ The City Commission finds that execution of the ground lease agreements is necessary to aljowcze, the Developer to obtain the financing required to construct the Project. ;s; Fri The City Commission desires to clarify that the ground lease agreements may be executed for N.) purposes of establishing site control and facilitating financing. -, The City shall require the following in order to lease the Parcels to the Developer: (i) evide ace ly satisfactory to the Director of the Department of Housing and Community Development ("p reck") D that financial commitments from the lender or lenders have been received; (ii) any mortgas m 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. 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. 19456 - Exhibit B-SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. RECOMMENDATION In Tight of the above stated, approval of a waiver of the formal requirements of competitive sealed bidding methods as not being practicable or advantageous to the City as set forth in the City Code of Ordinance, as amended, specifically Section 18-85 (A), and the affirmation of these written findings and the forwarding of the same to the City Commission for ratification by a four -fifths vote is respectfully requested. -7 ROVED DISAPPROVAL: (0110 "n .�mej!'�I City`► . r ca `r7 N O C") cr. i rri c f ry 0 rn e pr` c) N C ri r- '•rri .'xa rV James Reyes, City Manager SUBSTITUTED CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Victor Turner, Director _ �r 5 Dpt. of Housing and Community Development BACKGROUND DATE: June 15, 2026 FILE: 19456 SUBJECT. Bid Waiver -Ground Lease A. -ement 5350 West Flagler Street, REFERENCES: ENCLOSURES: Pursuant to Resolution No. R-25-0062, adopted on February, 27 2025, authorized the leasing of certain City of Miami ("City") owned parcels ("Developer") for the development of an affordable rental housing p approximately ninety-eight (98) units. e City Commission 5350 Flagler Street, LLC ject for seniors consisting of It is the intent of the Developer and the City for the Project to ' developed as a mixed use affordable rental housing project for low-income seniors on e parcels under a ninety-nine (99) years ground lease ("Lease"). Section 29-B(a) of the City Charter allows for the con yance or disposition of City -owned property for the implementation of projects which ar intended to benefit people or households with low and/or moderate income. The development of affordable housing projes requires the Developer to obtain construction and permanent loans from lenders, housing fin ce agencies, and other funding sources. Such financing sources customarily re lease, prior to issuing binding financi re evidence of site control, including an executed ground commitments. The City Commission finds that cution of the ground lease agreements is necessary to allow the Developer to obtain the fin cing required to construct the Project. The City Commission desir' to clarify that the ground lease agreements may be executed for purposes of establishing e control and facilitating financing. The City shall requir satisfactory to the that financial co obtained by th such approv e following in order to lease the Parcels to the Developer: (i) evidence rector of the Department of Housing and Community Development ("Director") tments from the lender or lenders have been received; (ii) any mortgages eveloper on the Parcel(s) will be subject to the approval of the Director, which shall not be unreasonably withheld. The appr al of the Lease shall be subject to compliance with all applicable federal, State of Florida - nd local laws, rules, regulations, or restrictions; upon successful remediation of existing envir- mental conditions, if any; and the negotiation and execution of any other necessary do. 4 ment all in form(s) acceptable to the City Attorney, for the purposes stated herein and in f herance of the Project. SUBSTITUTED RECOMMENDATION In light of the above stated, approval of a waiver of the formal requirements of competitive seal bidding methods as not being practicable or advantageous to the City as set forth in the City -de of Ordinance, as amended, specifically Section 18-85 (A), and the affirmation of these itten findings and the forwarding of the same to the City Commission for ratification by a four-fi c s vote is respectfully requested. ❑ APPROVED: ❑ DISAPPROVAL: James Reyes, City Manager