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2014-28803 Reso RESOLUTION NO, 2014-28803 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SUBMIT A REQUEST TO THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) TO AMEND THE CITY'S NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) GRANT AGREEMENT IN THE AMOUNT OF $201,801.66; AUTHORIZING THE CITY MANAGER TO UTILIZE THESE AMENDED FUNDS FOR THE ACQUISITION OF THE LOTTIE APARTMENTS, MADELEINE VILLAGE APARTMENTS AND NEPTUNE APARTMENTS; AND FURTHER DIRECTING THAT THE REMAINING FUNDS BE USED TO CREATE AN OPERATING RESERVE FOR THE SUBSEQUENT MAINTENANCE OF THE AFOREMENTIONED PROPERTIES. WHEREAS, on July 31, 2008, the United States Congress enacted the Housing and Economic Recovery Act of 2008, thereby creating the Neighborhood Stabilization Program 1 (NSP1), which directed the Department of Housing and Urban Development (HUD) to allocate $3.93 billion to states and units of local government as emergency assistance for the purchase and redevelopment of abandoned and foreclosed homes; and WHEREAS, the State of Florida Department of Economic Opportunity (DEO) is the entity managing the NSP1 allocation to the City of Miami Beach; and WHEREAS, on March 18, 2009, the City approved Resolution No. 2009-27039, approving the City's planned use of and application of NSP1 funds to purchase and rehabilitate one or more foreclosed or abandoned multi-family buildings to be made available as rental housing properties for income- qualified households; and WHEREAS, the City was awarded a total of $9,305,268 in NSP1 funds, through an initial allocation (plus two subsequent allocations); and WHEREAS, the Administration conducted a duly-noticed procurement process for award of the first allocation, resulting in the City Commission's approval on September 9, 2009, of Resolution No. 2009-27194, which authorized the City to enter into an agreement with Miami Beach Community Development Corporation to carry out the City's planned use of, and application for, NSP1 funds ("MBCDC Agreement"); and WHEREAS, the initial strategy was to fund the acquisition and rehabilitation of one affordable housing project, which resulted in MBCDC's acquisition of the 16-unit foreclosed building, located at 7871 Crespi Boulevard, which was later named The Madeleine; and WHEREAS, on February 3, 2010, the MBCDC Agreement was amended per Resolution No. 2010-27335, to allow for the allocation of additional NSP1 funds received by the City, in the amount of $4,755,717; and WHEREAS, the additional acquisition and rehabilitation funds resulting from the second and third allocations were authorized for MBCDC's acquisition and rehabilitation of The Neptune, a 35-unit foreclosed apartment building located at 1632 Meridian Avenue, and The Lottie, a nine-unit foreclosed apartment building which contains large apartments and is suitable for families, located at 530 75 Street; and WHEREAS, on May 12, 2010, the City Commission approved Resolution No. 2010-27390, authorizing the reallocation of NSP1 funds, in the amount of $246,898.53, from The Madeleine to The Neptune; utilizing the second NSP1 allocation, in the amount of $4,432,328.24; utilizing FY2009/10 US HUD HOME funds, in the amount of $650,000; and subordinating the City's first lien position for The Neptune to private bank financing acquired by MBCDC, in the amount of$700.000; and WHEREAS, the City was allowed to use a maximum of 6.8%, or $632,758, of the total NSP1 allocation for administrative funds (Administrative Funds); and l WHEREAS, as of September 30, 2012, the remaining balance of Administrative Funds was $300,953.95, and the City's NSP1 grant agreements with the DEO ( DEO Agreement) and MBCDC Agreement were set to expire on November 23, 2012; and WHEREAS,.the DEO requested that City again extend the DEO Agreement and the MBCDC Agreement through February 15, 2013, in order to rent all 60 units for The Madeleine, The Neptune and The Lottie and meet the National Objective as established by HUD; and WHEREAS, the DEO requested the City again extend the DEO Agreement and the MBCDC Agreement for an additional six (6) months, in order to occupy all units, close out the NSP1 grant, and resolve the pending issue of the City's unspent Administrative Funds; and WHEREAS, pursuant to Resolution No. 2013-28139, the DEO Agreement and the MBCDC Agreement were extended through August 15, 2013; and . WHEREAS, as of April 1, 2013, The Madeleine, The Neptune, and The Lottie were fully leased and the HUD National Objective was met; and WHEREAS, the DEO requested that the DEO Agreement be extended six (6) months, from February 15, 2014 through August 15, 2014, in order to close out the NSP1 grant, and provide an opportunity for the City to find eligible NSP1 activities to enable the expenditure of unspent Administrative Funds; and WHEREAS, the current balance of unspent Administrative Funds is approximately $2011801.66; and WHEREAS, the City Commission approved the use of these funds to purchase and rehabilitate, as necessary, foreclosed or abandoned properties for the use of rental housing unit(s) for low to moderate income persons until all funds are fully expended at its June 11, 2014 meeting; and WHEREAS, at its September 17, 2014, the City Commission provided the City Manager with the approval to pursue the acquisition of five affordable housing properties currently owned by Miami Beach Community Development Corporation; and WHEREAS, two of these properties, the Lottie Apartments and the Madeleine Village Apartments, are eligible to be acquired with NSP1 funds; and WHEREAS, the NSP1 funds are sufficient to cover the closing costs associated with the acquisition of these properties; and WHEREAS, the Neptune Apartments, also one of the properties identified for acquisition, was acquired and rehabilitated with NSP1 funds; and WHEREAS, the Neptune Apartments has a mortgage held by a private lending institution that would require pay-off at time of acquisition; and WHEREAS, NSP1 funds can be utilized to partially pay for the payoff of the mortgage and closing costs for the Neptune Apartments; and WHEREAS, the balance of the NSP1 funds, remaining after property acquisition, can be utilized to create operating reserve accounts to ensure the ongoing maintenance of these properties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the City Manager to submit a request to the State of Florida Department of Economic Opportunity (DEO) to amend the City's Neighborhood Stabilization Program 1 (NSP1) grant agreement, in the amount of $201,801.66; authorize the City Manager to utilize these amended funds for the acquisition of the Lottie Apartments, Madeleine Village Apartments and Neptune Apartments; and further direct that the remaining funds be used to create an operating reserve for the subsequent maintenance of the aforementioned properties. PASSED AND ADOPTED this o2 9 day of f�Ct � , 2014. ATTEST: Rafael E. Granado "tyC,leprk Phili 'L 1 e, Mayor � � • 4 - en T:\AGENDA\2014\Octo OctoBer 2. o S1 g��Combu tyaSeroiaFASP1 Budget Amendment RESO INC ORP Or�ATED.� ' APPROVED AS TO 6 7 FORM & LANGUAGE v .,. & FOR EXECUTION % h L/ City Atto ,tom'" v Dote COMMISSION ITEM SUMMARY Condensed Title: A Resolution Authorizing the City Manager to submit budget amendment to the State of Florida Department of Economic Opportunity (DEO) to enable the amendment of remaining Neighborhood Stabilization Program 1 (NSP1) funds for the acquisition of the Lottie Apartments, Madeleine Village Apartments and Neptune Apartments,and if funds remain,establish operating reserves for the aforementioned properties. Key Intended Outcome Supported: N/A Supporting Data(Surveys, Environmental Scan, etc.): N/A Item Summa /Recommendation: The City is the recipient of Neighborhood Stabilization Program 1 (NSP1) funds awarded by the State of Florida Department of Economic Opportunity(DEO).The City's remaining balance of NSP1 funds is$201,801. At its September 17, 2014 meeting, the City Commission approved the acquisition of five MBCDC to secure City assets that had been invested in these properties. Three of these properties were initially acquired and rehabilitated with NSP1 funds: Lottie Apartments (Lottie), Madeleine Village Apartments (Madeleine) and Neptune Apartments (Neptune).While the City will acquire these properties for$10 each, the associated closing costs are substantially greater. The estimated closing costs are $23,065 for the Lottie and Madeleine. The Neptune and Allen Apartments (Allen) have mortgages financed by private lending institutions that will require pay-off. The Administration will return to Commission to allocate funds for the acquisition of the Madeleine, Allen and Barclay Plaza Apartments in the coming weeks. NSP1 guidelines allow the City to utilize its remaining funds to acquire these properties as a means of preserving the affordable housing units created with their initial purchase. DEO has already provided support for the Administration's recommendation of reprogramming the existing NSP1 balance and amending the City's grant budget to enable the use of these funds for the acquisition of previously-assisted NSP1 properties.The remaining balance of $178,176 can then be utilized to establish operating reserve accounts to ensure the upkeep and maintenance of these properties as rent revenues will not be sufficient for a considerable period. If needed, these funds can also be utilized to help fund the acquisition of the remaining NSP1-assisted property, the Neptune Apartments and, if funds still remain, also establish an operating reserve for this building. Administration Recommendation -Adopt the Resolution. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 $201,801 138.5668.000111, 000326, 000343, 000349 2 3 OBPI Total $201,801 Financial Impact Summary: Funds will acquire noted properties with balance for operating reserves. City Clerk's Office Legislative Tracking: Maria Ruiz/Housing &Community Services Sign-Offs: Department Director Assist City Manager ity Manager MLR KGB JLM AGENDA ITEM C 7A DATE / a 9� MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of a City Co ission FROM: Jimmy L. Morales, City Manager DATE: October 29, 2014 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SUBMIT A REQUEST TO THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) TO AMEND THE CITY'S NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) GRANT AGREEMENT IN THE AMOUNT OF $201,801.66; AUTHORIZING THE CITY MANAGER TO UTILIZE THESE AMENDED FUNDS FOR THE ACQUISITION OF THE LOTTIE APARTMENTS, MADELEINE VILLAGE APARTMENTS AND NEPTUNE APARTMENTS; AND FURTHER DIRECTING THAT THE REMAINING FUNDS BE USED TO CREATE AN OPERATING RESERVE FOR THE CONTINUED MAINTENANCE OF THE AFOREMENTIONED PROPERTIES. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The City is the recipient of Neighborhood Stabilization Program 1 (NSP1) funds awarded by the State of Florida Department of Economic Opportunity (DEO). In total, the City received $9,305,268 in NSP1 funds which enabled the acquisition and rehabilitation of three affordable housing projects: • Lottie Apartments (Lottie) • Madeleine Village Apartments (Madeleine) • Neptune Apartments (Neptune) These properties are currently owned and managed by Miami Beach Community Development Corporation (MBCDC). The City's remaining balance of NSP1 funds is $201,801. At its September 17, 2014 meeting, the City Commission approved the acquisition of five MBCDC properties in order to secure the City assets that had been invested in these properties. The properties acquired and rehabilitated with NSP1 funds are among those approved for acquisition: Lottie, Madeleine and Neptune. Commission Memorandum NSP1 Budget Amendment October 29, 2014 Page 2 of 2 ANALYSIS The Lottie and Madeleine were acquired and rehabilitated solely with NSP1 funds. NSP1 requires that properties acquired and/or rehabilitated with its funds remain affordable for a minimum of 20 years. Because MBCDC has had difficulty managing its portfolio of properties, the City's acquisition will ensure that these affordable housing projects remain in the City's affordable housing stock and compliant with the terms of the City's use of NSP funds. The City will acquire these properties for $10 each. However, the closing costs associated with the change in title are substantially greater. The estimated closing costs are: Property/Location Estimated Costs Lottie Apartments/530—75 Street $ 13,500 Madeleine Village Apartments/7871 Cres i Boulevard $ 9,565 NSP1 guidelines allow the City to utilize these funds to acquire these properties as a means of preserving the affordable housing units created with their initial purchase. DEO has already provided support for the Administration's recommendation reprogramming its existing NSP1 balance and amending the City's grant budget for the acquisition of previously-assisted NSP1 properties. The remaining balance of $178,176 can then be utilized to establish operating reserve accounts to ensure the upkeep and maintenance of these properties as rent revenues will not be sufficient for a considerable period. If needed, these funds can also be utilized to help fund the acquisition of the remaining NSP1-assisted property, the Neptune Apartments and, if funds still remain, also establish an operating reserve for this building. In addition, the Administration expects to return to the Commission in the coming weeks to secure the funds necessary to acquire the remaining MBCD C properties es approved for acquisition: Barclay Plaza Apartments, Allen Apartments and the Neptune. Please note that the Allen and Neptune properties have mortgages secured by private lending institutions which will require pay-off at the time of acquisition. CONCLUSION The Administration recommends approving and authorizing the City Manager to submit a request to DEO amending the City's Neighborhood Stabilization Program 1 (NSP1) grant agreement to enable the City Manager to utilize NSP1 funds for the acquisition of the Lottie Apartments, Madeleine Village Apartments and Neptune Apartments; and further directing that the remaining funds be used to create an operating reserve for the contin d maintenance of the aforementioned properties. JM/K MLR/ T:\HGENDA\2014\October\Housing&Community Services\NSP 1 Budget Amendment MEMO