Miami-Dade Legislative Item
File Number: 130078
   Clerk's Official Copy   

File Number: 130078 File Type: Resolution Status: Adopted
Version: 0 Reference: R-787-12 Control: Board of County Commissioners
File Name: CONVEYANCE OF HOME BLDG SITES TO HOUSING PROGRAMS RE: INFILL Introduced: 1/11/2013
Requester: Public Housing and Community Development Cost: Final Action: 10/2/2012
Agenda Date: 10/2/2012 Agenda Item Number: 8K3
Notes: THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 121685 Title: RESOLUTION AUTHORIZING CONVEYANCE OF EIGHT (8) SINGLE FAMILY HOME SITES LOCATED IN THE NORTHWEST QUADRANT OF MIAMI-DADE COUNTY TO HOUSING PROGRAMS, INC. A 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 CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE A COUNTY DEED [SEE ORIGINAL ITEM UNDER FILE NO. 121685]
Indexes: NONE
Sponsors: Audrey M. Edmonson, Prime Sponsor
  Barbara J. Jordan, Co-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

County Attorney 2/12/2013 Assigned Terrence A. Smith 2/12/2013

County Mayor 1/11/2013 Assigned County Attorney 10/2/2012
REPORT: AMENDED PHCD (ASST. COUNTY ATTY: Terrence Smith) (EDSS 9/12/12) (Prime Sponsor: Commissioner Edmonson and Co-Sponsor Commissioner Jordan)

County Mayor 1/11/2013 Assigned Russell Benford 1/11/2013 1/11/2013

Board of County Commissioners 10/2/2012 8k3 Amended Adopted as amended P
REPORT: It was moved by Commissioner Jordan that the foregoing proposed resolution be bifurcated in order to exclude the two properties located in District 1. This motion was seconded by Commissioner Edmonson, and upon being put to a vote, passed by a vote of 10-0, (Commissioners Barreiro, Bovo and Suarez were absent). It was moved by Commissioner Edmonson that the foregoing proposed resolution be adopted as amended to exclude the two properties located in District 1. This motion was seconded by Commissioner Jordan, and upon being put to a vote, passed by a vote of 10-0, (Commissioners Barreiro, Bovo and Suarez were absent). It was moved by Commissioner Jordan that the two properties excluded from the foregoing resolution be deferred to no date certain. This motion was seconded by Commissioner Diaz and upon being put to a vote, passed by a vote of 10-0, (Commissioners Barreiro, Bovo and Suarez were absent).

Legislative Text


TITLE
RESOLUTION AUTHORIZING CONVEYANCE OF EIGHT (8) SINGLE FAMILY HOME SITES LOCATED IN THE NORTHWEST QUADRANT OF MIAMI-DADE COUNTY TO HOUSING PROGRAMS, INC. A 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 CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS 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; and

WHEREAS, Housing Programs, Inc., a not-for-profit Florida corporation, has submitted an application to this Board requesting that the County convey to them eight (8) single family home sites for infill housing development for qualified very-low, low- and-moderate income families; and

WHEREAS, this Board is satisfied that said properties 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 Housing Programs, Inc. serves the best interest of the County; and

WHEREAS, this Board adopted Resolution No. R-527-12 which declared the eight (8) lots surplus,

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 sites, legally described in Attachment “A”, to Housing Programs, 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 Chairperson 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 Eight Single Family Home Building Sites to Housing Programs, Inc. for Development of Infill Housing

This item was amended at the October 2, 2012 Board of County Commissioners meeting to reflect the removal of two lots from District 1 as requested by Commissioner Barbara Jordan.

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 Housing Programs, Inc. a not-for-profit Florida corporation, for infill housing development for qualified very-low, low-, and moderate-income families; 2) the waiver of Implementing Order No. 3-44 as it relates to the conveyance process established in the Section entitled “Availability of County Property”; and 3) the execution of County Deeds for the eight (8) lots, in substantially the form as Attachment “A.”

Upon approval of the attached resolution, the Board Chairperson will be authorized to execute and record the County Deeds, in substantially the form attached hereto, and the County Mayor or the County Mayor’s designee will be authorized to take all actions necessary to accomplish the conveyance of the eight (8) lots to Housing Programs, Inc. and enforce the deed restrictions specified in the County Deed.

Scope
The County acquired the eight (8) folios located in District 3 by tax deed, free and clear of liens, taxes, and mortgages. Information regarding the folios from the Miami-Dade County Office of the Property Appraiser is included as Attachment “B.” The 2012 Assessed Value, district location and other related information of each folio is provided below:

Folio Information
Folio Number Address 2012 Assessed Value District Lot Size in Sq. Feet
01-3122-052-0490 1534 NW 53 Street $16,657 3 10,000 0
01-3123-015-1210 4821 NW 15 Avenue $13,940 3 6,95001-3123-037-1263 1253 NW 43 Street $22,731 3 11,000
01-3126-008-0260 787 NW 34 Street $13,559 3 7,193
01-3126-008-0265 About 791 NW 34 Street $13,559 3 7,193
01-3126-039-1300 1276 NW 31 Street $12,912 3 6,125
01-3126-039-1490 2961 NW 13 Avenue $8,338 3 4,950
30-2136-017-0150 470 NW 108 Terrace $14,825 3 6,000

Fiscal Impact
The conveyance of the eight (8) parcels will eliminate the County’s obligation to maintain the parcels, which costs approximately $2,610 per year, and will eliminate the County’s obligation to pay the annual special assessments, which are currently $112 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 Housing Programs, Inc., 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 Housing Programs, Inc.

Track Record/Monitoring
This project will be monitored by Jorge Cibran, Director of Facilities and Development Division, Public Housing and Community Development, Infill Housing Initiative Program.

MANAGER'S BACKGROUND
Background
Housing Programs Inc., a not-for-profit Florida corporation, was formed on October 14, 2011.  The executive director/president is also the managing entity for A & S Management Inc., which was awarded through County bid three County-owned lots in 2001 and developed an additional ten of their own private lots for the Infill Housing Program, completing all thirteen (13) homes.  Additionally, the director/president for the former inactive not-for-profit corporation Affordable Housing Programs, Inc., completed all sixteen (16) infill homes that were awarded in 2003 and 2005, and Lancaster Homes and Construction Services, Inc. has completed forty-two (42) homes, and have fourteen (14) remaining lots to be sold and developed.  Although, Housing Programs, Inc. has no proven track record of building affordable housing for qualified very-low, low-, and moderate-income families; it has an experienced team that has built over seventy (70) affordable homes for the Infill Housing Initiative Program over ten years.

Public Housing and Community Development interviewed Housing Programs’ business team for their past performance and experience; construction financial capability; approach to meeting time schedule and budgets; and marketing skills and ability to reach eligible households. Since Housing Programs, Inc. is a newly-formed corporation, the reviews were made based upon the accomplishments of the officers affiliated with the previous entities that built or are continuing to build for the Infill Housing Program, and presentations and meetings with the County.
  
The requested lots are part of the County’s inventory of lots set aside for the Infill Housing Initiative Program. The Affordable Housing Review Committee 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 Housing Programs, Inc. is fully aware and willing to undertake. At the time of conveyance, Housing Programs is willing to pay the outstanding special assessments and real estate taxes on the lots. The following chart provides background information on the lots as required by Resolution R-376-11.

Folio Number How County Acquired Property & Other Background Information

Maintenance Costs, Special Assessments, Title Search. Estimated Maintenance Costs (Annual Lawn Care by number of years) Estimated Taxes by No. of Years 01-3122-052-0490 Tax Deed 12/24/2001; County deeded to Greater Miami Neighborhoods, Inc. (GM) 2/6/2004; GM returned to County 01/8/2007 County pays to have the property maintained since 01/2007 454 X 11=$4,994 exempt 01-3123-015-1210 Tax Deed 12/10/2001 County pays to have the property maintained since 12/2001 315 X 11 = $3,465 exempt 01-3123-037-1263 Tax Deed 7/30/2004 County pays to have the property maintained since 8/2004 578 X 8 = $4,624 exempt 01-3126-008-0260 Tax Deed 2/15/1984; County deeded to Fortex /Fortuna Trucking 3/11/2002; Fortex returned to County 09/16/2008 County pays to have the property maintained since 09/2008 350 X 4 = $1,400 exempt 01-3126-008-0265 9/16/2008 Fortex returned lot to County- Non-performance County pays to have the property maintained since 9/2008 350 X 4 = $1,400 exempt 01-3126-039-1300 Tax Deed 2/27/2002; County deeded to Allapattah Business Dev Auth, Inc. on 3/1/2005; Allapattah returned to County 11/18/2008 County pays to have the property maintained since 11/2008 295 X 4 = $1,180 exempt 01-3126-039-1490 Tax Deed 3/12/2002; County deeded to Allapattah 3/1/2002; Allapattah returned to County 11/18/08 County pays to have the property maintained since 11/2008 249 X 4 = $996 exempt 30-2136-017-0150 3/21/2001 HUD deeded to Greater Miami Neighborhood, Inc. (GM); GM deeded to MDHA Dev. Corp. (MDHA) 6/21/2002; MDHA returned to County 7/18/2008 County pays to have the property maintained since 07/2008 260 X 4 = $1,040 $110 Total     $18,987 $110

Additionally, the properties will be conveyed subject to the following restrictions:

* 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.
* That the affordable housing developed on the properties shall be sold to very-low, low- or moderate-income households.
* That the sales price of the home shall not exceed $175,000 or appraised value, whichever is lower.
* 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.
* 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.
In the event that Housing Programs, Inc. defaults on the deed restrictions, the County shall have the right to re-enter and take possession of the property.

In light of the fact that these lots are being conveyed directly to Housing Programs, Inc., it is necessary to waive the section of Implementing Order No. 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 Implementing Order No. 3-44, the Board is further authorized to convey these lots to Housing Programs, Inc. pursuant to section 125.38 of the Florida Statutes, which permits the Board to convey County property to a not-for-profit organization 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


__________________________
Russell Benford, Deputy Mayor


Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
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