§ 17-124. Transfer or sale of property.  


Latest version.
  • (a)

    Transfer or Sale of Property. Pursuant to all applicable state and County laws, implementing order and guidelines established in accordance with this article, any County owned parcel or parcels of property identified as appropriate for infill housing may be transferred, sold or otherwise conveyed to a qualified developer through a competitive solicitation established by the County or in accordance with Sections 125.379 or 125.38, Florida Statutes, for the development of infill housing subject to the requirements of Section 17-126 of this article. Notwithstanding this requirement, the County Mayor or the County Mayor's designee may recommend to the Board that they approve a conveyance of an infill property previously conveyed by the County to a qualified developer when a municipality or any other governmental entity desires said property in exchange for another infill property of equal or greater value. Said conveyed infill property shall be subject to the restrictions set forth in Section 17-124(c) and (d) of this article.

    (b)

    Clear Title. To the extent that it is feasible and allowed by law, title to the property may be cleared of all liens, taxes and other encumbrances prior to transfer or sale by the County to a qualified community development corporation or a qualified developer. The title may be cleared through:

    (1)

    Forgiveness of County liens as established in Section 17-126 of this article;

    (2)

    Cancellation of County-held tax certificates in accordance with Section 197.502(11), Florida Statutes, as may be amended;

    (3)

    Payment of liens;

    (4)

    Development of incentives for private, municipal and other governmental lienholders to release liens; or

    (5)

    By any other available means.

    However, pursuant to Section 125.411, Florida Statutes, as amended, the County shall only convey the interest of the County and shall not warrant title.

    (c)

    Reverter Clause/Affordability Period. County deeds conveying title of any properties to a qualified community development corporation or qualified developer, under this Infill Housing Initiative Program, shall contain a reverter to be exercised by the County at its sole option in the event the property has not been reasonably developed within two years of conveyance. Such two-year period for development may be extended at the sole direction of the Board of County Commissioners upon written application by a qualified developer. Approval of such request for an extension shall be evidenced by the County Mayor or the County Mayor's designee recording an instrument granting such extension in the public records of Miami-Dade County. Any eligible infill housing that is developed under this Infill Housing Initiative Program shall remain as affordable housing for at least 20 years.

    (d)

    Construction loans. In the event a developer requires a construction loan or other financing from a third party lender in order to develop the property, such construction loan or other financing shall be subject to the County's deed restriction. Prior to closing on such construction loan or other financing, the developer, the lender and the County shall execute an agreement approved by the County Attorney's Office, that requires the lender or subsequent purchaser of a property to develop the property in accordance with this article and the deed restrictions set forth in the County Deed. Notwithstanding any default, foreclosure by the third party lender, deed in lieu of foreclosure, or subsequent transfer of the property resulting from the foregoing, the restrictions set forth in the County Deed shall remain in full force and effect, and shall constitute a restrictive covenant which shall run with the land, notwithstanding any other term herein; provided, however, the covenants required herein shall not be senior to any instrument securing permanent financing from the Federal Housing Administration, Fannie Mae, Freddie Mac, or similar senior lender. Where necessary to facilitate the securing of permanent financing from the Federal Housing Administration, Fannie Mae, Freddie Mac, or similar senior lender, the Director shall approve modifications to such previously-recorded restrictions to provide for the restrictions to automatically terminate if title to the mortgaged property is transferred by foreclosure or deed-in-lieu of foreclosure, or if the mortgage is assigned to the Secretary of the U.S. Department of Housing and Urban Development. In the event the developer applies for a construction loan from the County, such as one funded through Surtax or other County affordable housing funding program, the County Mayor or the County Mayor's designee shall ensure that such loan will be subject to the requirements of this article.

    (e)

    Declaration of Restrictive Covenants. Prior to or concurrently with the initial sale of an eligible home, a declaration of restrictive covenants running with the land, approved in form by the County, shall be recorded in the public records of Miami-Dade County which contains such language as is necessary to carry out the purposes of this article. Said declaration of restrictive covenants shall specify that:

    (1)

    The restrictions of this article shall run with the land for the entire control period.

    (2)

    The covenant will bind the applicant, any assignee, mortgagee, or buyer, and all other parties that receive title to or interest in the property. These covenants shall be senior to all instruments securing permanent financing and shall bind all assignees, mortgagees, purchasers and other successors in interest unless due to the requirements of such permanent financing. Notwithstanding the foregoing, the covenants required herein shall not be senior to any instrument that facilitates the securing of permanent financing from the Federal Housing Administration, Fannie Mae, Freddie Mac, or similar senior lender. In such covenants, the control period and other restrictions on the eligible home shall not survive any foreclosure in accordance with such senior lender's guidelines and restrictions.

    (3)

    The covenant shall be controlled for a minimum of twenty (20) years and shall automatically reset every 20 years for a maximum of 60 years, except that in the event an eligible home is owned for an entire 20-year control period by the same individual(s), said individual(s) shall automatically be released from the Declaration of Restrictive Covenants.

    (4)

    Every eligible home constructed pursuant to this article shall be offered for sale to qualified households to be used as their primary residence. A qualified household that has purchased an eligible home shall not lease said eligible home; and

    (5)

    Prior to the resale of an eligible home during the control period, the eligible home's owner shall obtain the County's written approval as set forth in Section 17-124.2(c); and

    (6)

    The initial sales price of the eligible housing shall not be offered for a price greater than the current maximum eligible home's sales price of affordable housing as determined by the County at the time of sale or its current appraised value, whichever is lower; and

    (7)

    The County reserves its right of first refusal to purchase the eligible home prior to or at the end of control period, if it becomes available for purchase and there are no eligible persons to purchase said home. The County shall have sixty (60) days after receiving written notification from the owner that the eligible home is for sale, to advise the owner in writing of the County's intent to exercise its right of first refusal or to provide the owner with written notification of the County's intent to waive its right of first refusal. The County Mayor or the County Mayor's designee is authorized to negotiate and execute any contracts to purchase the available eligible home, without prior approval from the Miami-Dade Board of County Commissioners, from the funds earmarked in a separate account or any trust fund designated for this purpose. Notwithstanding this authorization to purchase, the County Mayor or the County Mayor's designee shall bring to the Board of County Commissioners a resolution seeking ratification of said purchase at the next available Board meeting following the purchase of the eligible home.

(Ord. No. 01-47, § 4, 3-20-01; Ord. No. 07-04, § 3, 1-25-07; Ord. No. 17-08, § 1, 2-7-17)