Miami-Dade Legislative Item
File Number: 120365
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File Number: 120365 File Type: Resolution Status: Adopted
Version: 0 Reference: R-369-12 Control: Board of County Commissioners
File Name: CONVEYANCE OF 8 INFILL LOTS Introduced: 2/27/2012
Requester: Public Housing and Community Development Cost: Final Action: 5/1/2012
Agenda Date: 5/1/2012 Agenda Item Number: 8L1
Notes: TLL- 2/27/2012 Title: RESOLUTION AUTHORIZING THE CONVEYANCE OF EIGHT (8) SINGLE FAMILY HOME BUILDING SITES TO HABITAT FOR HUMANITY OF GREATER MIAMI, 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; AUTHORIZING THE WAIVER OF ADMINISTRATIVE ORDER 3-44 AS IT RELATES TO THE SECTION ENTITLED ''AVAILABILITY OF COUNTY PROPERTY''; APPROVING FORM OF AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE AGREEMENT BY AND BETWEEN MIAMI-DADE COUNTY AND HABITAT FOR HUMANITY OF GREATER MIAMI, INC.; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXERCISE CANCELLATION AND TERMINATION PROVISIONS CONTAINED IN THE AGREEMENT; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO TAKE ALL ACTION NECESSARY TO ACCOMPLISH THE CONVEYANCE OF SAID PROPERTIES
Indexes: CONVEYANCE(S)
Sponsors: Audrey M. Edmonson, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 5/1/2012 8L1 Adopted P

Economic Development & Social Services Committee 4/11/2012 3A Forwarded to BCC with a favorable recommendation P
REPORT: Hearing no objection, the Committee considered Agenda Items 3A and 3B simultaneously. Assistant County Attorney Terrence Smith read the foregoing proposed resolutions into the record. Hearing no questions or comments, the Committee proceeded to vote on the foregoing proposed resolutions.

County Attorney 3/15/2012 Assigned Economic Development & Social Services Committee 4/11/2012

Economic Development & Social Services Committee 3/14/2012 3A Deferred P

County Mayor 3/13/2012 Deferrals Economic Development & Social Services Committee 3/14/2012
REPORT: The Prime Sponsor has requested deferral of this item to the April 11, 2012 EDSS Committee Meeting.

County Attorney 3/1/2012 Assigned Terrence A. Smith 3/1/2012

County Mayor 2/27/2012 Assigned County Attorney 4/3/2012
REPORT: PHCD (ASST. COUNTY ATTY: Unreadable- See Agenda Review Form) (ATTACHMENT(S): ATTACHMENT A- COUNTY DEED- 6 LOTS; ATTACHMENT B- COUNTY DEED- 2 LOTS; ATTACHMENT C- HABITAT AND COUNTY AGREEMENT) (PENDING CMTE ASSIGNMENT) (BCC SPONSOR- CMSR EDMONSON)

County Mayor 2/27/2012 Assigned Russell Benford 2/22/2012 2/27/2012

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE CONVEYANCE OF EIGHT (8) SINGLE FAMILY HOME BUILDING SITES TO HABITAT FOR HUMANITY OF GREATER MIAMI, 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; AUTHORIZING THE WAIVER OF ADMINISTRATIVE ORDER 3-44 AS IT RELATES TO THE SECTION ENTITLED ''AVAILABILITY OF COUNTY PROPERTY''; APPROVING FORM OF AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE AGREEMENT BY AND BETWEEN MIAMI-DADE COUNTY AND HABITAT FOR HUMANITY OF GREATER MIAMI, INC.; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXERCISE CANCELLATION AND TERMINATION PROVISIONS CONTAINED IN THE AGREEMENT; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO TAKE ALL ACTION NECESSARY TO ACCOMPLISH THE CONVEYANCE OF SAID PROPERTIES

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and

WHEREAS, Habitat for Humanity of Greater Miami, Inc., a Florida not-for-profit corporation (“Habitat”), has submitted an application to this Board requesting that the County convey eight (8) single family home building sites for infill housing development; and

WHEREAS, this Board is satisfied that said properties can be used for the purpose of infill development and is not needed for County purposes; and

WHEREAS, this Board finds pursuant to Section 125.38, Florida Statutes, that the conveyance of said properties to Habitat, 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 eight (8) single family home building sites, legally described in Attachments “A” and “B“ in the resolution, to Habitat for Humanity of Greater Miami, 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; provided, however, the conveyance of the parcels legally described in Attachment “B“ is subject to the proper execution by Habitat of the Agreement, in substantially the form attached hereto as Attachment “C”. This Board hereby approves the form of and authorizes the County Mayor or the County Mayor’s designee to execute the Agreement, in substantially the form attached hereto as Attachment “C” and authorizes the County Mayor or the County Mayor’s designee to exercise any and all termination or cancellation provisions contained therein.

Section 3. This Board hereby approves authorizing 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 County Mayor or the County Mayor’s designee to execute a County Deed for the eight (8) lots, in substantially the form attached hereto and made a part hereof as Attachments “A” and “B”. 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 Eight Single Family Home Building Sites to Habitat for Humanity of Greater Miami, Inc.

STAFF RECOMMENDATION
Recommendation:
It is recommended that the Board of County Commissioners (Board) adopt the attached resolution authorizing the following: 1) the conveyance of eight (8) single family home building sites to Habitat for Humanity of Greater Miami, Inc. (Habitat), a not-for-profit Florida corporation, for an infill housing development; 2) authorize the waiver of Administrative Order 3-44 as it relates to the conveyance process established in the Section entitled “Availability of County Property”; 3) authorize the execution of County Deeds for the eight (8) lots, in substantially the form as Attachment “A” and “B” (for folios 30-3111-027-0220 and 30-3111-027-0090); and 4) approve the form of and authorize the execution of an Agreement by and between Miami-Dade County (County) and Habitat in substantially the form as Attachment “C.”

The County Mayor is authorized to execute and record County Deeds, in substantially the form attached hereto, and the County Mayor or the County Mayor’s designee is authorized to take all actions necessary to accomplish the conveyance of the eight (8) lots to Habitat and enforce the deed restrictions specified in the County Deed.

Scope:
The County acquired the eight (8) folios located in the northwest quadrant of the County by tax deed free and clear of liens, taxes, and mortgages. All folios are located in District 3. The 2011 Assessed Value of each of folio is provided below:

Folio Number
2011 Assessed Value
01 3122 052 0910
$10,596
30 3111 027 0090
$15,974
30 3111 027 0220
$15,165
30 3115 005 0580
$10,906
30 3115 005 6350
$10,906
30 3115 018 0740
$26,225
30 3122 025 0510
$29,938
30 3122 030 0161
$11,025

Fiscal Impact:
The conveyance of the eight (8) parcels will eliminate the County’s obligation to maintain the parcels, which costs approximately $5,500 per year, and will eliminate the County’s obligation to pay the annual special assessments, which are currently $179 per year. Once the homes are built and sold to qualified buyers, it is estimated that approximately $1,100 in ad valorem taxes will be generated annually per home. The conveyance of the eight (8) single family home building sites to Habitat, for Infill Housing development is ten dollars ($10.00) for each executed deed, pursuant to section 125.38, Florida Statutes and Sections 17-121 et seq. of the Code of Miami-Dade County, to be paid by Habitat.

Track Record/Monitoring:
This project will be monitored by Alan S. Eson, Real Estate Officer for Public Housing and Community Development.

.M
Background:
On May 3, 2011 the Board adopted Resolution No. R-376-11 directing 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 background information:

Habitat is in the process of constructing affordable housing as part of the HOPE VI redevelopment project and has requested the conveyance of eight (8) County-owned lots that are located within the boundaries of the Expanded HOPE VI Target Area. The requested lots are part of the County’s inventory of lots set aside for the Infill Housing Initiative. The Affordable Housing Review Committee (AHRC) reviewed the lots and determined that they were suitable for the development of affordable single family housing. However, many of the lots require corrective actions, such as variances of zoning and platting, of which Habitat is fully aware and willing to undertake. At time of conveyance, Habitat is willing to pay the outstanding special assessments and real estate taxes on the lots.

The County’s investment includes the expenditure of $5,913 for lawn maintenance; $19,045 for special assessments and prior year’s taxes which had accumulated on the lots while it was under the control of various unresponsive infill developers; and $675 for eight (8) title searches.

The properties will be conveyed subject to the following restrictions: 1) that the properties shall be developed as 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; 2) that the affordable housing developed on the properties shall be sold to a low-income household; 3) that the sales price of the home shall not exceed $129,000; 4) 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 twenty (20) years for a maximum of 60 years. However, should the same purchaser remain in the home for twenty (20) years, the restrictive covenant shall automatically be released; 5) all real estate taxes and assessments shall be paid when due and no liens or unauthorized encumbrances shall be levied against the property.

Since the eight (8) lots are located in the Expanded HOPE VI Target Area, Habitat has agreed to execute an agreement, Attachment “C,” which requires that Habitat comply with the following requirements:

1. Assess each infill lot to determine if duplexes, triplexes or quadplexes can be built on these lots, and where feasible, make every effort to develop the properties as such, subject to the review and approval of the County Mayor or County Mayor’s designee.
2. Offer units within the boundaries of the Expanded HOPE VI Target Area first to former Scott/Carver HOPE VI residents in accordance with Resolution No. R-1416-08.
3. Contact by certified U.S. Mail former Scott/Carver residents from the Scott/Carver waiting list to be provided by Public Housing and Community Development (PHCD) to advise them of the availability of units and to further keep PHCD advised of the progress being made on offering of the units and the purchase of units by former Scott/Carver HOPE VI residents.
4. Place signage on each site acknowledging the County’s contribution of the property.
5. Sell the units at cost and for no more than $129,000.
6. Utilize every effort feasible to contract with small, local contractors in the construction of each unit.

Upon execution of the Agreement, the County is required to meet the following requirements:

1. Execute County Deeds conveying eight (8) parcels of land.
2. Provide to Habitat the names and addresses of former Scott/Carver HOPE VI residents on the Scott/Carver waiting list that remain in good standing.
3. Make available soft second-mortgage funds to eligible homebuyers, to the extent funds are available.
4. Advise attendees at periodic Scott/Carver HOPE VI meetings about Habitat housing opportunities. In the event Habitat defaults on the deed restrictions or Agreement, the County shall have the right to re-enter and take possession of the property.

Conveyance of the eight (8) lots will enable Habitat to continue building affordable housing for low income families. Habitat has a proven track record of building affordable housing for low and very-low income families and has agreed to cap the sales price of the homes at $129,000. Furthermore, Habitat shall assess each infill lot to determine if duplexes, triplexes or quadplexes can be built on these lots, and where feasible, make every effort to maximize the density on the properties, subject to the review and approval of the County Mayor or the County Mayor’s designee.

In light of the fact that these lots are being conveyed directly to Habitat, 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 Habitat 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.”



Attachments


________________________
Deputy Mayor



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