Miami-Dade Legislative Item
File Number: 130176
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File Number: 130176 File Type: Resolution Status: Deferred in Committee
Version: 0 Reference: Control: Health & Social Services Committee
File Name: CONVEYANCE OF SIX SINGLE FAMILY HOME BUILDING SITES TO MDHFI Introduced: 1/29/2013
Requester: Public Housing and Community Development Cost: Final Action:
Agenda Date: Agenda Item Number: 8K
Notes: Title: RESOLUTION AUTHORIZING CONVEYANCE OF SIX (6) SINGLE FAMILY HOME SITES LOCATED IN THE NORTHWEST QUADRANT OF MIAMI-DADE COUNTY TO MIAMI-DADE AFFORDABLE HOUSING FOUNDATION, 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 CHAIRPERSON OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE A COUNTY DEED
Indexes: CONVEYANCE OF SINGLE FAMILY HOME BUILDING SITES
Sponsors: Barbara J. Jordan, Co-Prime Sponsor
  Jean Monestime, Co-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

County Attorney 2/12/2013 Assigned County Mayor
REPORT: Item returned to Agenda office

Health & Social Services Committee 2/11/2013 3B Deferred P

County Attorney 1/30/2013 Assigned Terrence A. Smith

County Mayor 1/29/2013 Assigned County Attorney 2/20/2013
REPORT: PHCD - Comm. Jordan, Comm. Monestime Co-Prime Sponsor - pending cmte assignment - Attachment: County Deed

County Mayor 1/29/2013 Assigned Russell Benford 1/29/2013

Legislative Text


TITLE
RESOLUTION AUTHORIZING CONVEYANCE OF SIX (6) SINGLE FAMILY HOME SITES LOCATED IN THE NORTHWEST QUADRANT OF MIAMI-DADE COUNTY TO MIAMI-DADE AFFORDABLE HOUSING FOUNDATION, 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 CHAIRPERSON 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, Miami-Dade Affordable Housing Foundation, Inc., a not-for-profit Florida corporation, has submitted an application to this Board requesting that the County convey to them six (6) 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 Miami-Dade Affordable Housing Foundation, Inc. serves the best interest of the County; and
WHEREAS, this Board adopted Resolution No. R-527-12 for the lots located in District 1 and Resolution No. R-763-12 for the lists located in District 2, which declared the six (6) 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 six (6) single family home sites, legally described in Attachment A, to 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 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 Chairwoman Rebeca Sosa
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Conveyance of Six Single Family Home Building Sites to Miami-Dade Affordable
Housing Foundation, Inc. for Development of Infill Housing

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) adopt the attached resolution authorizing the following: 1) the conveyance of six (6) single family home building sites to Miami-Dade Affordable Housing Foundation, 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 six (6) 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 six (6) lots to Miami-Dade Affordable Housing Foundation, Inc. and enforce the deed restrictions specified in the County Deed.

Scope
The County acquired the six (6) folios located in the northwest quadrant of the County by tax deed and/or that reverted back to the County by not-for-profit corporations that were unable to develop the properties, 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 34-2115-008-1100 About 2291 NW 152 Terrace $10,827 1 6,500 34-2117-004-3090 About 15695 NW 38 Court $17,107 1 9,600 06-2126-020-0270 720 NW 133 Street $15,993 2 8,031 30-2135-002-1100 845 NW 111 Street $24,288 2 9,750 30-2135-010-0290 1167 NW 113 Terrace $19,669 2 7,950 30-2135-002-1470 981 NW 109 Street $30,168 2 13,205
Fiscal Impact
The conveyance of the six (6) parcels will eliminate the County’s obligation to maintain the parcels, which costs approximately $2,455 per year, and will eliminate the County’s obligation to pay the annual special assessments, which are currently $144 per year, for all lots. 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 six (6) single family home building sites to Miami-Dade Affordable Housing Foundation, 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 Miami-Dade Affordable Housing Foundation, 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
The Miami-Dade Affordable Housing Foundation, Inc. has made a formal request for six (6) vacant County-owned parcels to develop homes and to sell them to affordable first-time homebuyers in the County’s Infill Housing Initiative Program as noted per Attachment C. Miami-Dade Affordable Housing Foundation, Inc. works closely with the Housing Finance Authority of Miami-Dade County to provide homeownership counseling and affordable mortgage financing to low and moderate income families.

Miami-Dade Affordable Housing Foundation, Inc. has been providing homeownership counseling services to low and moderate income families for many years. Palmetto Homes, the builder, has a track record of building affordable single family homes and will be using energy efficient building materials in the new homes. Additionally, Miami-Dade Affordable Housing Foundation, Inc. will bear all of the costs of construction using their own funds or NSP 3 Program funds from the City of Miami Gardens. No construction financing will be required.
  
The requested lots are part of the County’s inventory of lots set aside for the Infill Housing Initiative Program. The parcels were offered to the Infill Housing Developer Pool through Work Order Proposal Request (WOPR) #3 on November 6, 2012; however, there was no interest. Miami-Dade Affordable Housing Foundation, Inc. shall perform its own due diligence and evaluation to make a final determination whether the lots are buildable for the intended use. However, many of the lots require corrective actions, such as variances of zoning and platting, of which Miami-Dade Affordable Housing Foundation, Inc. is fully aware and willing to undertake. At the time of conveyance, Miami-Dade Affordable Housing Foundation, Inc. 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 34-2115-008-1100 Escheatment Tax Deed 2/2/2004 County has paid to have the property maintained since 2/2004 $290 X 9=$2,610 $203
34-2117-004-3090 Tax Deed 12/15/1999. Conveyed to Fortuna Trucking Company, Inc. / Fortex Construction, Inc. on June 7, 2001. Lot reverted to County on 9/16/2008. County has paid to have the property maintained since 9/2008 $429 X 4.5=$1,930 $259 30-2135-002-1470 8/2/2000 HUD deeded lot to Greater Miami Neighborhood, Inc. (GM); GM deeded the lot to MDHA Housing Development, Inc. 6/21/2002 and MDHA deeded the lot to the County 7/18/2008. County has paid to have the property maintained since 7/2008 $590 X 4.5=$2,655 $20 06-2126-020-0270 6/14/2001 HUD deeded lot to Greater Miami Neighborhood, Inc. (GM); GM deeded the lot to MDHA Housing Development, Inc. 6/21/2002 and MDHA deeded the lot to the County 7/18/2008. County has paid to have the property maintained since 07/2008 $359 X 4.5=$1,616 0 30-2135-002-1100 6/14/2001 HUD deeded lot to Greater Miami Neighborhood, Inc. (GM); GM deeded the lot to MDHA Housing Development, Inc. 6/21/2002 and MDHA deeded the lot to the County 7/18/2008 County has paid to have the property maintained since 07/2008 $435 X 4.5=$1,958 $16 30-2135-010-0290 9/19/2001 HUD deeded lot to Greater Miami Neighborhood, Inc. (GM); GM deeded the lot to MDHA Housing Development, Inc. 6/21/2002 and MDHA deeded the lot to the County 7/18/2008. County has paid to have the property maintained since 7/2008 $355 X 4.5=$1,598 $149 Total $12,367 $647
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 homebuyer stating that the property shall remain affordable during the control period, which commences on the initial closing date, and resets automatically every 20 years if there is a resale of the property, 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. The purposes of the restrictions are intended to preserve the County's inventory of affordable homes for a minimum of 20 years. It is the responsibility of the developer to assure the restrictive covenant is executed at the time of initial sale. The restrictive covenant also sets the upper limit of subsequent sales price to future home purchasers through a resale multiplier.
* 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 Miami-Dade Affordable Housing Foundation, 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 Miami-Dade Affordable Housing Foundation, 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 Miami-Dade Affordable Housing Foundation, 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



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