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96-22132 RESO RESOLUTION NO. 96-22132 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THAT CERTAIN MULTI-FAMILY HOUSING REHABILITATION MATCHING GRANT AGREEMENT, DATED AUGUST 13,1996, PERTAINING TO THE DORANN APARTMENTS AT 1244 PENNSYLVANIA AVENUE, EXTENDING THE TIME TO COMMENCE THE REHABILITATION OF THE PROJECT TO OCTOBER 15, 1996. WHEREAS, on August 13, 1996, the City executed that certain Multi-Family Housing Rehabilitation Matching Grant Agreement (Agreement) with 1244 Penn Associates, Ltd. (Owner), pertaining to the rehabilitation of the property at 1244 Pennsylvania Avenue, Miami Beach, Florida (Project); and WHEREAS, pursuant to the Agreement, the rehabilitation of the Project was due to begin no later than thirty (30) days after the date of the Agreement; and WHEREAS, due to circumstances beyond the Owner's control, including selection of a contractor, and negotiation of contract documents, which required more time than foreseen by the Owner, commencement of work on the Project has been delayed; and WHEREAS, the successful rehabilitation of the Project will make available twenty- one (21) units of rehabilitated residential housing in the South Beach area, eleven (11) units of which will be reserved for rental to income-eligible tenants for a period of three (3) years at rents specified by U.S. HUD. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Clerk are authorized to execute the attached Amendment to that certain Multi-Family Housing Rehabilitation Matching Grant Agreement, dated August 13, 1996, pertaining to the property at 1244 Pennsylvania Avenue, known as the Dorann Apartments, extending the time for commencement of the Project to October 15, 1996. PASSED and ADOPTED this 25th day of September ATTEST: R 0 ~d-- flW.k CITY CLERK F:\\\CAH\RESO\ 1244AMND. RES , I \..ii\I",i I-\r n\lJ,'" .iJ LEGjdlPT. By 141 ~ r','~ a 1/.1>/ ~~,___.. . ,_'oJ ~..P1" CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH- COMMISSION MEMORANDUM NO. ~ TO: Mayor Seymour Gelber and Members of the City Commission DATE: September 25, 1996 FROM: Jose Garcia_pedrosa/t City Manager A RESOLUTION E MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE ATTACHED AMENDMENT TO THAT CERTAIN MULTI-FAMILY HOUSING REHABILITATION MATCHING GRANT AGREEMENT, DATED AUGUST 13,1996, PERTAINING TO THE DORANN APARTMENTS AT 1244 PENNSYLVANIA AVENUE, EXTENDING THE TIME TO BEGIN THE REHABILITATION' OF THE PROJECT TO OCTOBER 15, 1996. SUBJECT: ADMINISTRATION RECOMMENDATION: The Administration recommends the adoption of the attached Resolution authorizing the execution of an amendment to that certain Multi-Family Housing Rehabilitation Program Matching Grant Agreement between the City and 1244 Penn Associates, Ltd. for the Dorann Apartments at 1244 Pennsylvania Avenue, extending the time to begin construction until October 15, 1996. BACKGROUND: On November 17, 1995 the City's Loan Review Committee (LRC) approved an application for funding forthe rehabilitation of a building at 1244 Pennsylvania Avenue. On December 6, 1995 the Mayor and City Commission approved the execution of a Multi-Family Housing Rehabilitation Matching Grant Agreement with the Owner by Resolution number 95-21833. Due to a delay in arranging the construction financing package for the Project, the Owner postponed executing the Matching Grant Agreement until August 1996. The Dorann Apartments occupies a 13,584 square foot, three-story building at 1244 Pennsylvania Avenue, and was originally built to serve as an apartment building in 1925. The architecture of the original structure is Mediterranean Revival, and the building is listed in the City's historic properties database, and it is included in the historic district as a contributing structure. DATE C_1 F g-:lS-qc, AGENDA ITEM COMMISSION MEMO SEPTEMBER 25,1996 PAGE 2 The Owner of the property is 1244 Penn Associates, Ltd., a Florida limited partnership. The General Partner of 1244 Penn Associates Ltd. is 1244 Penn Associates, Inc., a Florida Corporation, Craig Robins is the President of 1244 Penn Associates, Inc. The building currently contains twenty-eight (28) vacant apartments, consisting of efficiency, one- and two-bedroom apartments. The Owner proposes to reconfigure and rehabilitate the building to make available twenty-one (21) apartments, consisting of: six (6) efficiencies, Thirteen (13) one-bedroom, and two (2) two-bedroom units. The proposed improvements call for the total rehabilitation of the entire building. This configuration will provide units that exceed the minimum 400 square foot apartment size, however the average apartment size is less than the City's 550 square foot minimum average size criterion. The Owner received a variance on January 5, 1996 from the Zoning Board of Adjustment permitting the rehabilitation to take place with an average size of 534 square feet. ANAL Y5IS: The Matching Grant Agreement was executed by the Mayor and City Clerk on behalf of the City on August 13, 1996. This Agreement provides that construction activities are required to begin within 30 days after the date of execution of the agreement. Due to circumstances beyond the Owner's control, including selection of a contractor, and the time required for negotiation of contract documents, which required more time than foreseen by the Owner, commencement of work on the Project was delayed past the thirty (30) day limit. CONCLUSION: The Administration recommends the adoption of the attached Resolution authorizing the execution of an amendment to that certain Multi-Family Housing Rehabilitation Program Matching Grant Agreement between the City and 1244 Penn Associates, Ltd. for the Dorann Apartments at 1244 Pennsylvania Avenue, extending the time to begin construction until October 15, 1996. ~ JG-P/HSM/MDC/CAH f:\\CH\RESO\ 1244AMND.MEM AMENDMENT TO AGREEMENT This Amendment (Amendment), dated as of October JjL, 1996, to that certain Multi- Family Housing Rehabilitation Matching Grant Agreement (Agreement), a copy of which is attached hereto as Exhibit "A", entered into on August 13, 1996, is being entered into by and between, the City of Miami Beach, Florida, a Florida municipal corporation (City), and 1244 Penn Associates, Ltd., a Florida limited partnership (Owner). WITNESSETH: WHEREAS, on August 13, 1996, the City entered into the Agreement with the Owner, pertaining to the rehabilitation of the Owner's property located at 1244 Pennsylvania Avenue, Miami Beach, Florida (Project); and WHEREAS, pursuant to the Agreement, the rehabilitation of the Project was due to commence no later than thirty (30) days after the date of the Agreement, or September 12, 1996; and WHEREAS, due to circumstances beyond the Owner's control, including selection of a contractor, and the negotiation of contract documents, which required more time than foreseen by the Owner, the commencement of work on the Project has been delayed; and WHEREAS, the successful rehabilitation of this Project will make available twenty- one (21) newly rehabilitated apartments in the South Beach area, of which eleven (11) units will be reserved for rental to income-eligible tenants at rents specified by U.S. HUD for a period of three (3) years. NOW THEREFORE, in consideration of the mutual promises contained herein, and other good and valuable consideration, the receipt and adequacy of which is hereby conclusively acknowledged, the parties hereto agree as follows: 1. EXTENSION OF TIME FOR COMMENCEMENT OF THE PROJECT. Paragraph 13, sub-paragraph (a), part (i) is hereby amended as follows: "13 (a) Owner's failure to (i) commence work 'Nithin thirty (30) days from the date of this Agreement , commence work bv October 15. 1996, or (ii) diligently pursue construction and timely complete the project by securing a Final Certificate of Completion within nine (9) months from the date of this Agreement, or (iii) provide the documentation required to make the final payment of the matching grant, as indicated in the Guidelines, within thirty (30) days from the date when a Final Certificate of Completion is issued." 2. OTHER TERMS OF AGREEMENT UNAFFECTED. All other terms and conditions of the Agreement shall remain in full force and effect. 3. GOVERNING LAW. This Amendment and the Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the City and the Owner have caused this Amendment to be executed by their duly authorized officers as of the date first written above. L Date: ATTEST: J-< 0 kcl- P ucL--- ROBERT PARCHER, CITY CLERK ~~ (pnnt ame) ~e-I ()/(e,<. (print' name) Date: tD ~ h f:ddhp\$all\carl\reso\ 1244amnd.agr l ' .. 2 By