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OFFICE OF THE CITY ATTORNEY, Jose Smith, City Attorney
Interoffice Memorandum
To: Robert Parcher Date: July 30, 2010
City Clerk
From: Raul J. Aguil
Deputy City A rn y
Subject: NEIGHBORHOOD STABILIZATION GRANT PROGRAM 1 (NSP1)
CORRECTIONS TO RESO. NOS. 2010-27348 AND 2010-27390 AND
CORRECTIONS TO AMENDMENTS TO NSP1 AGREEEMENT BETWEEN
CMB AND MDCDC, DATED 1/27/10
On further review of the above referenced Resolutions and Agreement (both
independently and in conjunction with the Housing and Community Development
Department), I have prepared the attached revised Resolutions, as well as the attached
(new) Amendment No. 1 and (revised) Amendment No. 2 to the 1/27/10 NSP1
Agreement between the City and MBCDC. Aside from non-substantive revisions, here
are the major changes:
1. Resolution No. 2010-27348 has been revised to include reference (see 4th
Whereas clause) to Resolution No. 2009-27194, .which initially approved and
authorized the City to enter into the 1/27/10 NSP1 Agreement_with MBCDC, and
which I thought was important to mention for the record.
2. Resolution No. 2010-27390 has been revised to correct an error in the title, which
incorrectly referred to an assignment of the 1/27/10 NSP1 Agreement with
MBCDC, from MBCDC to MBCDC: Neptune, LLC. The intended. action was not
that the Agreement itself be assigned (from MBCDC to the new LLC), but rather
consenting to the assignment of the ownership of one of the properties funded
under the Agreement-the Neptune Apts., located at 1632 Meridian Avenue--
from MBCDC to MBCDC: Neptune, LLC. Also, although the initial Resolution
did reflect the allocation of the additional NSP1 funding for the Neptune
Apartments Project (the $4,755,717 award from DCA to the City), the corrected
Resolution specifies that the portion of theses additional monies ($4,432,328.24)
were allocated to MBCDC (for the Neptune) pursuant to Amendment No. 2 to the
1/27/10 NSP1 Agreement with MBCDC.
3. Amendment No. 1 to the 1/27/10 NSP1 Agreement with MBCDC was never
prepared so~ I'm including now for your files. I went ahead and had. MBCDC
execute the Amendment and dated it the same date as the enabling. Resolution
(No. 2010-27348), March 10, 2010.
4. Amendment No. 2, which I've also prepared and include now for your files,
replaces what was formerly misidentified as "Amendment No. 1." The terms are
the same, except that-at the request of the Housing and Community
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Development Dept.-the HOME GHDO allocation was corrected from $607,850
to $650,000 (which was the actual amount allocated to MBCDC). I also went
ahead and had MBCDC re-execute the corrected Amendment, and dated it the
same date as the original (original being what was misidentified as Amendment
No. 1), March 30th, 2010.
Please do not hesitate to contact me should you have any questions and/or require
further assistance.
cc: Anna Parekh, Director of Community Development
Rocio Soto, Community Developmenf Specialist
Roberto Datorre, President, Miami Beach Community Development Corporation