Miami-Dade Legislative Item
File Number: 192695
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File Number: 192695 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1282-19 Control: Board of County Commissioners
File Name: RESOLUTION TO CONVEY 5 LOTS TO HOUSE PARK Introduced: 10/31/2019
Requester: NONE Cost: Final Action: 12/3/2019
Agenda Date: 12/3/2019 Agenda Item Number: 5B
Notes: PH @ BCC Title: RESOLUTION REVISING THE INVENTORY LIST OF REAL PROPERTIES, AFTER A PUBLIC HEARING, TO INCLUDE ONE COUNTY-OWNED PROPERTY IN ACCORDANCE WITH SECTION 125.379(1), FLORIDA STATUTES; AUTHORIZING CONVEYANCE, PURSUANT TO SECTION 125.379(2), FLORIDA STATUTES, OF A TOTAL OF FIVE COUNTY-OWNED PROPERTIES LOCATED IN MIAMI, FLORIDA TO HOUSE PARK INVESTMENTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AT A PRICE OF $10.00, FOR THE PURPOSE OF DEVELOPING SUCH PROPERTIES WITH AFFORDABLE HOUSING TO BE SOLD TO VERY LOW- LOW- OR MODERATE INCOME HOUSEHOLDS IN ACCORDANCE WITH MIAMI-DADE COUNTY’S INFILL HOUSING INITIATIVE PROGRAM; AUTHORIZING THE CHAIRPERSON OR VICE-CHAIRPERSON OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE A COUNTY DEED; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO TAKE ALL ACTION NECESSARY TO ENFORCE THE PROVISIONS SET FORTH IN SUCH COUNTY DEED, TO PROVIDE COPIES OF THE RECORDED COUNTY DEED AND THE RESTRICTIVE COVENANTS REQUIRED BY THE COUNTY DEED TO THE PROPERTY APPRAISER, AND TO ENSURE PLACEMENT OF APPROPRIATE SIGNAGE
Indexes: HOUSING
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 12/3/2019 5B Adopted P

Office of the Chairperson 12/2/2019 Scrivener's Errors
REPORT: On handwritten page 4, the 5th Whereas on the second line should read: requires the County Mayor or the County Mayor’s designee.

Housing, Social Services & Economic Dev. Committee 11/13/2019 2B Forwarded to BCC with a favorable recommendation P
REPORT: Note: See Agenda Item 2A, Legislative File No. 192639, for further discussion.

County Attorney 10/31/2019 Referred Housing, Social Services & Economic Dev. Committee 11/13/2019

County Attorney 10/31/2019 Assigned Terrence A. Smith 11/1/2019

Legislative Text


TITLE
RESOLUTION REVISING THE INVENTORY LIST OF REAL PROPERTIES, AFTER A PUBLIC HEARING, TO INCLUDE ONE COUNTY-OWNED PROPERTY IN ACCORDANCE WITH SECTION 125.379(1), FLORIDA STATUTES; AUTHORIZING CONVEYANCE, PURSUANT TO SECTION 125.379(2), FLORIDA STATUTES, OF A TOTAL OF FIVE COUNTY-OWNED PROPERTIES LOCATED IN MIAMI, FLORIDA TO HOUSE PARK INVESTMENTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AT A PRICE OF $10.00, FOR THE PURPOSE OF DEVELOPING SUCH PROPERTIES WITH AFFORDABLE HOUSING TO BE SOLD TO VERY LOW- LOW- OR MODERATE INCOME HOUSEHOLDS IN ACCORDANCE WITH MIAMI-DADE COUNTY’S INFILL HOUSING INITIATIVE PROGRAM; AUTHORIZING THE CHAIRPERSON OR VICE-CHAIRPERSON OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE A COUNTY DEED; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO TAKE ALL ACTION NECESSARY TO ENFORCE THE PROVISIONS SET FORTH IN SUCH COUNTY DEED, TO PROVIDE COPIES OF THE RECORDED COUNTY DEED AND THE RESTRICTIVE COVENANTS REQUIRED BY THE COUNTY DEED TO THE PROPERTY APPRAISER, AND TO ENSURE PLACEMENT OF APPROPRIATE SIGNAGE

BODY
WHEREAS, House Park Investments, LLC (the “Developer”) is a Florida limited liability company, which is a privately held family company that opened in March 2015 as a real estate investment company in Miami Dade County; and
WHEREAS, the Developer since its inception has made a total of $3,500,000.00 investment in real estate, particularly to purchase residential units as well as vacant lots to be developed in Miami Dade County; and
WHEREAS, the Developer is committed to developing high quality affordable housing and has demonstrated that they have the financial capability to build such housing; and
WHEREAS, the Developer submitted an application to the County Commissioner of District 3, a copy of which is attached hereto as Attachment “A” and incorporated herein by reference, requesting that the County convey five County-owned vacant properties (Folio Nos. 01-3114-015-0610, 30-3115-005-6980, 30-3115-010-0090, 30-3110-019-0330 and 30-3122-029-0380) (the “Properties”) to the Developer; and
WHEREAS, the Properties requested by the Developer are more fully described in Attachments “B,” “C,” “D,” “E,” and “F,” attached hereto and incorporated herein by reference; and
WHEREAS, the Developer, which has already brought in the water and sewer infrastructure in the area where the Properties are located, proposes to develop the Properties with affordable housing to be sold to a very low, low- or moderate income household in accordance with the Miami-Dade Infill Housing Initiative Program (“Infill Housing Program”); and
WHEREAS, pursuant to Administrative Order No. 8-4, Miami-Dade Internal Services Department previously announced the availability of the Properties to all County departments and determined there was no interest in the Properties; and
WHEREAS, on April 15, 2019, this Board adopted Resolution No. R-407-19, which requires the County Mayor or the County Mayor’s designee to provide written notice to the public no less than four weeks prior to consideration by this Board, or any Committee of this Board, of any proposed conveyance or lease of County-owned property without competitive bidding under section 125.379, Florida Statutes; and
WHEREAS, on September 11, 2019, the Developer complied with the requirements of Resolution No. R-407-19 by posting a sign on the Properties, which such sign was posted for a period of four weeks; and
WHEREAS, in accordance with Resolution Nos. R-376-11 and R-333-15, background information concerning the Properties is included in Attachment “G,” which is attached hereto and incorporated herein by reference; and
WHEREAS, this Board has reviewed the information in Attachment “G,” and this Board is satisfied; and
WHEREAS, section 125.379(1), Florida Statutes, requires each county to prepare an inventory list at least every three years of all real properties that are appropriate for use as affordable housing and further allows the governing body of the County to revise the inventory list upon conclusion of a public hearing held before the governing body; and 
WHEREAS, one of the Properties (Folio No. 30-3122-029-0380), was previously declared surplus in accordance with Resolution No. R-1401-07, and such property was deeded to another Infill Housing Program developer, which was unable to develop the property and, therefore, returned it to the County; and
WHEREAS, although the before-mentioned property was declared surplus, it was never added to the County’s affordable housing inventory list in accordance with section 125.379(1), Florida Statutes; and
WHEREAS, this Board finds that the before-mentioned property is appropriate for use as affordable housing, and desires to revise the County’s affordable housing inventory list to include such property; and
WHEREAS, on November 7, 2017, this Board adopted Resolution No. R-979-17, which declared four of the Properties (Folio Nos. 01-3114-015-0610, 30-3115-005-6980, 30-3115-010-0090, and 30-3110-019-0330), among others, as surplus and, after a public hearing, added such properties to the County’s inventory list of affordable housing sites as required by section 125.379(1), Florida Statutes; and
WHEREAS, the Properties will be conveyed to the Developer, subject to a reverter, on the condition that the Developer develops the Properties with affordable housing to be sold to a very low-, low- or moderate income households within two years of the effective date of the conveyance of the Properties, unless such time is extended at the discretion of this Board,
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, after a public hearing and in accordance with section 125.379(1), Florida Statutes, revises the County’s affordable housing inventory list to add one additional property (Folio No. 30-3122-029-0380), which this Board previously declared as surplus upon its adoption of Resolution No. R-1401-07.
Section 3. Pursuant to section 125.379(2), Florida Statutes, this Board hereby approves the conveyance of the property described in section 2 of this resolution and four additional County-owned properties (Folio Nos. 01-3114-015-0610, 30-3115-005-6980, 30-3115-010-0090, 30-3110-019-0330 and 30-3122-029-0380) (collectively the “Properties”) to House Park Investments, LLC (the “Developer”) for a price of $10.00, for the purpose of developing the Properties with affordable housing to be sold to very low, low- or moderate income households in accordance with the Infill Housing Program.
Section 4. Pursuant to section 125.411, Florida Statutes, this Board authorizes the Chairperson or Vice-Chairperson to execute the County Deed, in substantially the form attached hereto and made a part hereof as Attachment “H.”
Section 5. This Board further authorizes the County Mayor or the County Mayor’s designee to take all actions necessary to effectuate the conveyance, to exercise all rights set forth in the County Deed, other than those reserved to this Board therein, including, but not limited to, exercising the County’s option to enforce its reversionary interest after conducting all due diligence, including title searches and environmental reviews. In the event, the County Mayor or the County Mayor’s designee should exercise the County’s reversionary interest, then the County Mayor or the County Mayor’s designee shall execute and record an instrument approved by the County Attorney’s Office in the Public Records of Miami-Dade County and provide a copy of such instrument to the County Property Appraiser. This Board further authorizes the County Mayor or the County Mayor’s designee to receive on behalf of the County from the Developer, after conducting all due diligence, including, but not limited to, title searches, environmental reviews, and review of the Infill Housing Program Guidelines, a deed which conveys the Properties back to the County in the event the Developer is unable or fails to comply with the deed restrictions set forth in the County Deed. Upon the receipt of a deed from the Developer, the County Mayor or the County Mayor’s designee shall record such deed in the Public Records of Miami-Dade County. Notwithstanding the foregoing, any extensions beyond the two years to complete the construction of the affordable housing units contemplated herein shall be subject to this Board’s approval.
Section 6. This Board directs the County Mayor or the County Mayor’s designee to ensure that proper signage is placed on the Properties identifying the County’s name and the name of the district commissioner.
Section 7. This Board directs the County Mayor or the County Mayor’s designee to provide copies of the recorded County Deed and the restrictive covenants required by the County Deed to the Property Appraiser.
Section 8. This Board directs the County Mayor or the County Mayor’s designee to appoint staff to monitor compliance with the terms of the conveyance.
Section 9. This Board directs the County Mayor or the County Mayor’s designee, pursuant to Resolution No. R-974-09, to record in the public record the County Deed, covenants, reverters and mortgages creating or reserving a real property interest in favor of the County and to provide a copy of such recorded instruments to the Clerk of the Board within 30 days of execution and final acceptance. This 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.



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