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HomeMy WebLinkAboutScrivener's Error MemoM r T► MIXu OFFICE OF THE CITY ATTORNEY IUT I aAu [!].7.1011U &� TO: Todd B. Ha City Clerk FROM: Victoria Me , City Attorney DATE: January 3 , 2 RE: Resoluti n .o. 17-0512 — Resolution authorizing the transfer of City of Miami owned property to Atlantic Pacific Communities, LLC and Centennial Management Corp. File No. 2760 At its November 16, 2017 meeting, the City Commission considered the above referenced agenda item, PH. 1, authorizing the transfer of City of Miami owned property located approximately at 1501, 1515, 1525, 1535, 1551, 1560, 1520, and 1500 Northwest 62 Street, 1305, 1321, 1331, 1341, and 1361 Northwest 61 Street, and 6240 Northwest 15 Avenue, Miami, Florida to Atlantic Pacific Communities, LLC and Centennial Management Corp. The Legislation was originally presented at the October 26, 2017 City Commission Meeting, where it was continued. Prior to consideration of the Legislation at the November 16, 2017 City Commission meeting, the Legislation was revised. However, revised Legislation was inadvertently saved over the original Legislation. The original version of the Legislation has been placed in the file and the adopted Legislation as been placed in Revision A. IJP - • '��1 Enclosure(s) City of Miami Legislation h' Resolution: R-17-0512 File Number: 2760 City Hall 3500 Pan American Drive Miami, FL 33133 wvvw,miamigov.com Final Action Date: 11116/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO AWARD THE CONVEYANCES, WITH AFFORDABLEIWORKFORCE RENTAL HOUSING RESTRICTIONS AND REVERTER PROVISIONS, OF CERTAIN CITY OF MIAMI ("CITY") OWNED PARCELS OF LAND LOCATED APPROXIMATELY AT 1501, 1515, 1525, 1535, 1551, 1560, 1520, 1500 NORTHWEST 62 STREET, 1305, 1321, 1331, 1341, 1361 NORTHWEST 61 STREET, AND 6240 NORTHWEST 15 AVENUE, MIAMI, FLORIDA, AS DESCRIBED IN "ATTACHMENT "A," ATTACHED AND INCORPORATED, RESPECTIVELY TO ATLANTIC PACIFIC COMMUNITIES, LLC AND CENTENNIAL MANAGEMENT CORP. (COLLECTIVELY, "DEVELOPERS"), THE RESPONSIVE AND RESPONSIBLE BIDDERS RESPONDING TO A REQUEST FOR PROPOSALS ISSUED NOVEMBER 21, 2016 BY THE CITY'S DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE DEVELOPMENT OF AFFORDABLE/WORKFORCE RENTAL HOUSING IN ACCORDANCE WITH SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN: FORM(S) ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, PURCHASE AND SALE AGREEMENT(S) FOR EACH SUCH PARCEL, AND ANY AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR SAID PURPOSE TO = r CONVEY THE RESPECTIVE PARCELS TO THE DEVELOPERS AND IN COMPLIANCE WITH THE REQUIREMENTS UNDER THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED. E WHEREAS, on November 21, 2016, the City of Miami ("City") issued a Request for Proposals ("RFP") inviting qualified private real estate developers to propose developments of Affordable/Workforce rental housing on certain City -owned parcels of land; and WHEREAS, a total of six (6) responses were received, two (2) of which met the minimum threshold and fulfilled all the proposal requirements as responsive and responsible bidders: Atlantic Pacific Communities, LLC and Centennial Management, Corp. (collectively, "Developers"); and WHEREAS, the City Administration is recommending to award the conveyances, with restrictions and reverter provisions, to the Developers of the City -owned properties located between Northwest 13th and 15th Avenues and Northwest 61st and 62nd Streets, Miami, Florida, as legally described in Attachment "A," attached and incorporated, (collectively, "Parcels") with affordable/workforce rental housing restrictions and reverter provisions; and WHEREAS, certain of the Parcels have been acquired with, refinanced by, or improved by tax-exempt bond funds of the City and such restricted funds will need to be repaid by the Developers to the City in order to comply with continuing requirements of the U.S. Internal Revenue Code of 1986, as amended; and City of Miami Page 1 of 3 File ID: 2760 (Revision: A) Printed Ow 113112019 File ID: 2760 Enactment Number: R-17-0512 WHEREAS, the restrictions and reverter provisions contained in the conveying instruments shall require the Parcels to revert to the City if (i) the developments are not completed within twenty-four (24) months of the date of closing as evidenced by a Certificate of Occupancy, which may be amended by the Director of the Department of Community and Economic Development ("Director"), and (ii) the developments are not solely used for low to moderate household income housing; and WHEREAS, the Parcels shall be for the development of Affordable/Workforce rental housing in accordance with Section 29-13(a) of the Charter of the City of Miami, Florida, as amended ("City Charter"); and WHEREAS, the City shall require the following in order to convey the Parcels to the Developers: (i) evidence satisfactory to the Director that financial commitments from the fender or lenders have been received, (ii) any mortgages obtained by the Developers on the Parcels will be subject to the approval of the Director, (iii) payment by the Developer to the City of the total amount of restricted funds used to acquire, refinance, or improve the Parcel(s) with an affidavit of such payment and receipt by the City of such payment(s) in form(s) acceptable to the City's Finance Director, the City Attorney, and Bond Counsel, and (iv) the closing of the Parcels occurs simultaneously with the closing of the construction financing by the lender(s), if any; and WHEREAS, the Parcels shall be conveyed through purchase and sale agreements ("Agreements") and any other necessary documents, all in form(s) acceptable to the City Attorney and Bond Counsel; NOW, THEREFORE, BE 1T 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. The City Manager is authorized' to award the conveyances with affordable/workforce rental housing restrictions and reverter provisions, certain Parcels described in Attachment 'A" attached and incorporated, respectively to the Developers for the development of afford ablelworkforce rental housing in accordance with Section 29-B(a) of the City Charter, Section 3, The City Manager is further authorized' to negotiate and execute the Agreement(s), in form(s) acceptable to the City Attorney and Bond Counsel, for each such Parcel, and any and all other necessary documents, in a form acceptable to the City Attorney and Bond Counsel, for said purpose to convey the respective Parcels to the Developers and in compliance with the requirements under the U.S. Internal Revenue Code of 1986, as amended Section 4. This Resolution shall become effective immediately upon its adoption_ and f r..� ' The herein authorization is further subject to compliance with all requirements that mai. e imposed by the City Attorney, including but not limited to, those prescribed by applibableCity Charter and City Code provisions. City of Miami Page 2 of 3 Fife ID: 2760 (Revision: A) Printed on: 1/31/2019 File ID: 2760 signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: _ r ria ' ndez, Cftj Attortey 9/19/2017 Enactment Number: R-17-0512 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 adapted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File 1D: 2760 (Revision: A) Printed on: 1/31/2099 rs� r� 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 adapted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File 1D: 2760 (Revision: A) Printed on: 1/31/2099 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONVEY, WITH PARCEL REVERTER PROVISIONS, CERTAIN CITY OF MIAMI ("CITY") OWNED PARCELS OF LAND LOCATED BETWEEN NORTHWEST 13TH AND 15TH STREET AND NORTHWEST 61ST AND 62ND AVENUE, MIAMI, FLORIDA, TO THE DEVELOPERS DESCRIBED IN "ATTACHMENT "A," ATTACHED AND INCORPORATED, AFTER RESPONDING TO A REQUEST FOR PROPOSALS ISSUED NOVEMBER 21, 2016 BY THE CITY OF MIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE DEVELOPMENT OF AFFORDABLE/WORKFORCE RENTAL HOUSING IN ACCORDANCE WITH SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), AND ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, WHEREAS, on November 21, 2016, the City of Miami ("City") issued a Request for Proposals ("RFP") inviting qualified private real estate developers to propose developments of Afford able/Workforce rental housing on City -owned land; and WHEREAS, a total of six (6) responses were received, two (2) of which met the minimum threshold and fulfilled all the proposal requirements: Atlantic Pacific Communities, LLC and Centennial Management, Corp. (collectively, "Developers"); and WHEREAS, the City Administration is recommending the conveyance of the City -owned properties located between Northwest 13th and 15th street and Northwest 61 st and 62nd Avenue, Miami, Florida, legally described in Attachment "A," attached and incorporated, ("Parcels") with reverter provisions to the Developers; and WHEREAS, the reverter provisions contained in the conveying instruments require the Parcels to revert to the City if (i) the developments are not completed within twenty-four (24) 1 months of the date of closing as evidenced by a Certificate of Occupancy, which may be amended by the Director of the Department of Community and Economic Development r ("Director") and (ii) the developments are not solely used for law to moderate household incoMe housing; and r WHEREAS, the Parcels shall be for the development of AffordableMorkfofce rental housing in accordance with Section 29-8(a) of the Charter of the City of Miami, Florida;'as amended ("City Charter"); and WHEREAS, the Parcels shall be conveyed through purchase and sale agreements ("Agreements"), in substantially the attached form; and WHEREAS, the City shall require the following in order to convey the Parcels to the Developers: (i) evidence satisfactory to the Director that financial commitments from the lender or lenders have been received, (ii) any mortgages obtained by the Developers on the Parcels will be subject to the approval of the Director, and (iii) the closing of the Parcels occurs simultaneously with the closing of the construction financing by the lender, if any; City of Miami City Hall * ,R,°„ 21rtl x s.! "''° Legislation 35170 Pan Amerman Drive Miami, FL 33133 14 Resolution www. miamigov.com File Number: 2760 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONVEY, WITH PARCEL REVERTER PROVISIONS, CERTAIN CITY OF MIAMI ("CITY") OWNED PARCELS OF LAND LOCATED BETWEEN NORTHWEST 13TH AND 15TH STREET AND NORTHWEST 61ST AND 62ND AVENUE, MIAMI, FLORIDA, TO THE DEVELOPERS DESCRIBED IN "ATTACHMENT "A," ATTACHED AND INCORPORATED, AFTER RESPONDING TO A REQUEST FOR PROPOSALS ISSUED NOVEMBER 21, 2016 BY THE CITY OF MIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE DEVELOPMENT OF AFFORDABLE/WORKFORCE RENTAL HOUSING IN ACCORDANCE WITH SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), AND ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, WHEREAS, on November 21, 2016, the City of Miami ("City") issued a Request for Proposals ("RFP") inviting qualified private real estate developers to propose developments of Afford able/Workforce rental housing on City -owned land; and WHEREAS, a total of six (6) responses were received, two (2) of which met the minimum threshold and fulfilled all the proposal requirements: Atlantic Pacific Communities, LLC and Centennial Management, Corp. (collectively, "Developers"); and WHEREAS, the City Administration is recommending the conveyance of the City -owned properties located between Northwest 13th and 15th street and Northwest 61 st and 62nd Avenue, Miami, Florida, legally described in Attachment "A," attached and incorporated, ("Parcels") with reverter provisions to the Developers; and WHEREAS, the reverter provisions contained in the conveying instruments require the Parcels to revert to the City if (i) the developments are not completed within twenty-four (24) 1 months of the date of closing as evidenced by a Certificate of Occupancy, which may be amended by the Director of the Department of Community and Economic Development r ("Director") and (ii) the developments are not solely used for law to moderate household incoMe housing; and r WHEREAS, the Parcels shall be for the development of AffordableMorkfofce rental housing in accordance with Section 29-8(a) of the Charter of the City of Miami, Florida;'as amended ("City Charter"); and WHEREAS, the Parcels shall be conveyed through purchase and sale agreements ("Agreements"), in substantially the attached form; and WHEREAS, the City shall require the following in order to convey the Parcels to the Developers: (i) evidence satisfactory to the Director that financial commitments from the lender or lenders have been received, (ii) any mortgages obtained by the Developers on the Parcels will be subject to the approval of the Director, and (iii) the closing of the Parcels occurs simultaneously with the closing of the construction financing by the lender, if any; 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. The City Manager is authorized' to convey, with reverter provisions, certain Parcels to the Developers described in Attachment "A," attached and incorporated, for the development of AffordablelWorkforce rental housing in accordance with Section 29-13(a) of the City Charter. Section 3. The City Manager is authorized' to execute the Agreement(s), in substantially the attached forms), and any and all other documents, in a form acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.z APPROVED AS TO FORM AND CORRECTNESS: r ria ndez, ity Attortey 9/19/2417 ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, 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.