Miami-Dade
Legislative Item File Number: 112472 |
Printable PDF Format Clerk's Official Copy |
File Number: 112472 | File Type: Resolution | Status: Adopted | ||||||
Version: 0 | Reference: R-118-12 | Control: Board of County Commissioners | ||||||
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Requester: Internal Services | Cost: | Final Action: 2/7/2012 | ||||||
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Sunset Provision: No | Effective Date: | Expiration Date: |
Registered Lobbyist: | None Listed |
Legislative History |
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Acting Body | Date | Agenda Item | Action | Sent To | Due Date | Returned | Pass/Fail |
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Board of County Commissioners | 2/7/2012 | 8F2 | Adopted | P | |||
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Internal Mgmt. & Fiscal Responsibility Committee | 12/13/2011 | 3B | Forwarded to BCC with a favorable recommendation | P | |||
REPORT: | Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Hearing no questions or comments, the Committee proceeded to vote. | ||||||
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County Attorney | 11/30/2011 | Assigned | Terrence A. Smith | 11/30/2011 | |||
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County Manager | 11/23/2011 | Assigned | County Attorney | 1/24/2012 | |||
REPORT: | ISD-CAO- T. Smith-Commissioner Monestime and Pending Cmte | ||||||
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County Mayor | 11/23/2011 | Assigned | Ed Marquez | ||||
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Legislative Text |
TITLE RESOLUTION AUTHORIZING CONVEYANCE OF ONE SINGLE FAMILY HOME LOCATED AT 810 NW 115 STREET, MIAMI, FL TO MIAMI-DADE AFFORDABLE HOUSING FOUNDATION, INC. A 501(c)(3) NOT-FOR-PROFIT FLORIDA CORPORATION, FOR INFILL HOUSING DEVELOPMENT AT A PRICE OF TEN DOLLARS ($10.00); AUTHORIZING THE WAIVER OF ADMINISTRATIVE ORDER 3-44 AS IT RELATES TO THE SECTION ENTITLED AVAILABILITY OF COUNTY PROPERTY; AND AUTHORIZING THE COUNTY MAYOR TO EXECUTE A COUNTY DEED BODY WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, WHEREAS, Miami-Dade Affordable Housing Foundation, Inc., a 501(c)(3) not-for-profit Florida corporation, has submitted an application to this Board requesting that the County convey to them one single family home for infill housing development; and WHEREAS, this Board is satisfied that said property can be used for infill housing development and is not needed for County purposes; and WHEREAS, this Board finds that pursuant to Section 125.38 of the Florida Statutes the conveyance of said property to the Affordable Housing Foundation, Inc. serves the best interest of the County, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that: Section 1. The foregoing recitals are incorporated in this resolution and are approved. Section 2. This Board hereby approves the conveyance of one single family home, legally described in Attachment �A�, to the Miami-Dade Affordable Housing Foundation, Inc., a not-for-profit Florida Corporation, for infill housing development at a price of ten dollars ($10.00) pursuant to Section 125.38, Florida Statutes and Sections 17-121, et seq. of the Code of Miami-Dade County. Section 3. This Board hereby approves the waiver of Administrative Order 3-44 as it relates to the Section entitled �Availability of County Property.� Section 4. This Board directs the County Mayor or the County Mayor�s designee to ensure that proper signage is placed on properties identifying the County�s name and the name of the district commissioner. Section 5. Pursuant to Section 125.411, Florida Statutes, this Board authorizes the Mayor to execute a County Deed, in substantially the form attached hereto and made a part hereof as Attachment �A�. Further, the County Mayor or the County Mayor�s designee, pursuant to Resolution No. R-974-09, shall record in the public record all deeds, covenants, reverters and mortgages creating or reserving a real property interest in favor of the County and shall provide a copy of such recorded instruments to the Clerk of the Board within thirty (30) days of execution and final acceptance. The Board directs the Clerk of the Board, pursuant to Resolution No. R-974-09, to attach and permanently store a recorded copy of any instrument provided in accordance herewith together with this resolution. HEADER Date: To: Honorable Chairman Joe A. Martinez and Members, Board of County Commissioners From: Carlos A. Gimenez Mayor Subject:Conveyance of One Partially Built Single Family Home Located at 810 NW 115 Street, Miami, FL to the Miami-Dade Affordable Housing Foundation, Inc. Folio No.:30-2135-002-0090 ..RECOMMENDATION It is recommended that the Board of County Commissioners (Board) adopt the attached Resolution which does the following: * authorizes the conveyance of one partially built single family home located at 810 NW 115 Street, Miami, FL to the Miami-Dade Affordable Housing Foundation, Inc. (the Foundation), a not-for-profit 501 (c)(3) Florida corporation, through the Infill Housing Program; * waives Administrative Order 3-44 as it relates to the conveyance process established in the section entitled �Availability of County Property;� and * authorizes the County Mayor to execute a County Deed substantially in the form attached. SCOPE The property is located at 810 NW 115 Street, Miami, FL, in Commission District 2. The folio number for the property is 30-2135-002-0090. FISCAL IMPACT The conveyance of this parcel will eliminate the County�s obligation to maintain the parcel (approximately $500 per year) and pay the annual special assessment (currently $22.00 per year). More detailed information on the expenses to date is described in the background section of this transmittal memorandum. Once the home is sold to a qualified a buyer, it is estimated that approximately $1,500 in ad valorem taxes will be generated annually. MONITORING The person responsible for monitoring all properties under the County�s Infill Housing Program is Alan Eson, Real Estate Manager, Public Housing and Community Development Department. BODY Resolution R-376-11, approved by the Board on May 3, 2011, requires that any resolution authorizing the improvement, rehabilitation or conveyance of County-owned real property appropriate for or to be used for affordable housing include the following information: Background: The County acquired this single family home from the MDHA Development Corporation (MDHADC) via quit claim deed recorded on July 18, 2008 pursuant to the Transitional Agreement between MDHADC and Miami-Dade County, which was approved by the Board on April 8, 2008 by Resolution R-412-08. The 3-bedroom 2-bath home was approximately 60 percent complete when it was conveyed to the County. Since that time, the home has deteriorated due to a leak in the roof and vandalism. The home requires a new roof, including trusses, and the entire inside has to be built out. County Investment: The County has expended $980 for lawn maintenance; $1,180 for prior year�s taxes and special assessments; $75 for a title search; $214 for water, and $3,428 to place a protective barrier on the roof. Acquisition Costs: The property was conveyed to the County for a consideration of $10.00 and there were no mortgages on the property. 2011 Assessed Value: $23,805.00 Restrictions: The property will be conveyed subject to the following restrictions: * That the Property shall be developed with affordable housing, as defined by and in accordance with the requirements of the Infill Housing Initiative established in Sections 17-121 through 128 of the Code of Miami-Dade County and the County�s Infill Housing Initiative Guidelines. * That the affordable housing developed on the Property shall be sold to a low-income household. * That the sales price of the home shall not exceed $175,000.00. * That a restrictive covenant shall be recorded on the property at time of sale to the qualified buyer stating that the property shall remain affordable during the control period, which commences on the initial sale date and resets automatically every 20 years for a maximum of 60 years. However, should the same purchaser remain in the home for 20 years, the restrictive covenant shall automatically be released. * All real estate taxes and assessments shall be paid when due and no liens or unauthorized encumbrances shall be levied against the property. Remedies: In the event the Foundation defaults on the deed restrictions, the County shall have the right to re-enter and take possession of the property. JUSTIFICATION The home was originally offered to the Infill Housing Developer Pool; however, there was no interest due to the fact that there were open permits on the home. However, the Foundation has made a formal request for the property (see attached letter) and works closely with the Miami-Dade Housing Finance Authority to provide homeownership counseling and affordable mortgage financing to low- and moderate-income families. The Foundation will be partnering with Palmetto Homes, the original builder of the home, to make the necessary repair work and sell the home to an eligible buyer. Palmetto homes has a track record of building affordable single family homes and will be using energy efficient building materials to finish this home. The Foundation will bear all of the costs of construction using their own funds and no additional County construction financing will be required. It is necessary to waive the section of Administrative Order 3-44 entitled �Availability of County Property,� which states that properties that have been determined to be suitable for infill housing will be offered to a pre-qualified pool through a competitive work order proposal process. Regardless of the requirements of Administrative Order 3-44, the Board is further authorized to convey these lots to the Foundation pursuant to section 125.38 of the Florida Statutes, which permits the Board to convey County property to a not for profit organized for the purpose of promoting community interest and welfare if the Board determines the property is not needed for use by the County and the not for profit organization will use said property for �public or community interest and welfare.� DELEGATED AUTHORITY The County Mayor is authorized to execute and record a County Deed, substantially in the form attached, and the County Mayor or the County Mayor�s designee is authorized to take all actions necessary to accomplish the conveyance of a single family home to the Foundation and enforce the deed restrictions specified in the County Deed. ________________________ Deputy Mayor |
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