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96-22196 RESO \ RESOLUTION NO. 96 -22196 A RESOLUTION OF THE 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 HOME INVESTMENT PARTNERSHIPS PROGRAM PROJECT AGREEMENT, DATED DECEMBER 6, 1995, FOR THE MADISON APARTMENTS AT 259 WASHINGTON AVENUE, BETWEEN THE CITY AND M. B. APARTMENTS ASSOCIATES, LTD., A FLORIDA LIMITED PARTNERSHIP, PROVIDING ONE HUNDRED-FIFTY THOUSAND ($150,000) DOLLARS IN ADDITIONAL HOME PROGRAM FUNDS FOR COSTS RELATING TO THE DEVELOPMENT OF THE PROJECT. WHEREAS, on February 18, 1992, the City was designated by the U.S. Department of Housing and Urban Development (HUD) as a Participating Jurisdiction to receive funding through the HOME Investment Partnerships (HOME) Program; and WHEREAS, the HOME Program encourages partnerships with the private sector and not-for- profit housing providers in order to expand the supply of affordable housing; and WHEREAS, on April 8, 1993, the Mayor and City Commission approved Resolution No. 93- 20756, designating the Miami Beach Development Corporation (MBDC) as a Community Housing Development Organization (CHDO); and WHEREAS, in accordance with the HOME Regulations, the City must reserve a minimum of fifteen percent (15%) of each fiscal year HOME allocation for a CHDO set-aside for investment in housing to be developed, sponsored, or owned by CHDO's; and WHEREAS, on June 29, 1994, the City entered into an Agreement (Initial Agreement) with MBDC, providing for the acquisition of the Madison Apartments, 259 Washington Avenue, Miami Beach, Florida, for the purpose of rehabilitating the building in order to provide affordable housing under the HOME Program; and WHEREAS, on December 6, 1995, the Mayor and City Commission approved an amendment to the Initial Agreement, assigning all of MBDC's rights, duties and obligations under the Initial Agreement to M,B. Apartments Associates, Ltd" a Florida Limited Partnership, (Partnership), and providing for increased funding (Project Agreement); and WHEREAS, the Partnership and the City now wish to amend that certain Project Agreement, dated December 6, 1995, between the City and the Partnership, for the Madison Apartments, to increase the funding by One Hundred-Fifty Thousand Dollars ($150,000), for a total project commitment of Five-Hundred Thousand Dollars ($500,000) (Amendment) ; and WHEREAS, concurrent with the execution of the attached Amendment, the Partnership shall also execute a Restrictive Covenant specifically outlining the revised restrictions on affordability and resale; and WHEREAS, on October 18, 1996, the City's Loan Review Committee reviewed and recommended approval of the Partnership's request for additional funds in the amount of $150,000, for costs relating to the development of the Madison Apartments. 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 hereby authorized to execute the attached Amendment to that certain HOME Investment Partnerships Program Project Agreement, dated December 6, 1995, for the Madison Apartments, at 259 Washington Avenue, between the City and M.B. Apartments Associates, Ltd" a Florida Limited partnership, providing One Hundred-Fifty Thousand ($150,000) dollars in additional HOME funds for costs relating to the development of the project. PASSED AND ADOPTED THIS 20th DAY OF November, 1996. j2oLw~ e~ CITY CLERK ATTEST: f:\bs\mbdc\madison3,res I \.h\ I'll f\?F 1"..( u ':} · .1..) By L1J/a r ..J!ity7 b--,,_. . CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAf'v11 BEACH COMMISSION MEMORANDUM NO. ~ q?rl1~ TO: Mayor Seymour Gelber and Memben of the City Commission DATE: -November 20, 1996 FROM: Jose Garcia_pedrosa~ City Manager A RESOLUTION F THE 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 HOME INVESTMENT PARTNERSHIPS PROGRAM P.ROJECT AGREEMENT, DATED DECEMBER 6, 1995, FOR THE MADISON APARTMENTS AT 259 WASHINGTON AVENUE, BETWEEN THE CITY AND M.B. APARTMENTS ASSOCIATES, LTD., A FLORIDA LIMITED PARTNERSHIP, PROVIDING $150,000 IN ADDITIONAL HOME PROGRAM FUNDS FOR COSTS RELATING TO THE DEVELOPMENT OF THE PROJECT. SUBJECT: ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and City Commission adopt the attached Resolution, authorizing the Mayor and City Clerk to execute an amendment to a HOME Program Agreement between the City and M.B. Apartments Associates, Ltd., (the Partnership) dated December 6, 1995, for the Madison Apartments at 259 Washington Avenue, providing $150,000 in additional HOME funds for costs relating to the development of the project. BACKGROUND: The HOME Investment Partnerships (HOME) Program encourages partnerships between the govemment and the private sector, including for-profit and not-for-profit organizations to acquire, construct, rehabilitate or manage affordable housing. The City is required to allocate a minimum of fifteen percent (15%) of each fiscal year's annual allocation of HOME funds to designated Community Housing Development Organizations (CHDO's) to be used for eligible projects developed, sponsored, or owned by the CHDO. The Miami Beach Development Corporation (MBDC) is the City's designated 'CHDO. AGENDA ITEM r1B 1 \ -20-'11.-. DATE COMMISSION MEMORANDUM NOVEMBER 20, 1996 PAGE 2 ANALYSIS: The City executed an Agreement with MBDC on June 29, 1994, (Initial Agreement), which provided $200,000 to MBDC towards the acquisition costs of the Madison Apartments, 259 Washington Avenue, a proposed 17 -unit HOME Program rehabilitation project. On December 6, 1995, the Mayor and City Commission adopted Resolution 95-21839, approving an amendment to the Initial Agreement, assigning all of MBDC's obligations under the Initial Agreement to M.B. Apartments Associates, Ltd., a Florida Limited Partnership, and providing $150,000 in HOME funds for acquisition-related costs of the Madison Apartments. MBDC, through its wholly-owned affiliate M.B. Apartments, Inc., a Florida corporation, is the sole general partner of the Partnership, On December 20, 1995, the Mayor and City Commission authorized the execution of a CHDO agreement with MBDC providing a reservation of funds in the amount of $695,194. These funds had originally been allocated to MBDC for the acquisition of the Madison Apartments. However, MBDC was successful in obtaining other public and private funds, including State Tax Credits, Metro Dade HOME funds, Metro Dade Hurricane Trust Funds, and State of Florida HOME funds, therefore the total City HOME funds needed until now for the Madison project remained at $350,000, for a project with a total cost of $2,351,205. On October 11, 1996, M. B. Apartments Associates, Ltd., (the Partnership) submitted a request to utilize $150,000 of the fund reservation to provide additional funding for costs relating to the development of the Madison Apartments, As of September 30, 1996, the project was reported to be 53% complete, and the contractor's projected completion date is January, 1997. The Partnership has experienced cost increases due primarily to structural deficiencies found in the building after demolition took place, the cost of elevator expansion required to bring the elevator up to code, the cost of appliances, loan carrying costs, and water and sewer impact fees. On October 18, 1996, the City's Loan Review Committee reviewed the Partnership's request for $150,000 additional funds for the Madison Apartments, and recommended approval of the funding request. The additional $150,000 brings the City HOME funds cost to $500,000. The total HOME funds invested in the project from all sources, City, County, and State, is $1,050,000. This figure remains below $1,328,408, which is the maximum HOME funding limit from all sources allowed by U.S. HUD for this project, based on the proposed unit configuration. COMMISSION MEMORANDUM NOVEMBER 20, 1996 PAGE 3 CONCLUSION: The Administration recommends that the Mayor and City Commission adopt the attached Resolution, authorizing the Mayor and City Clerk to execute an amendment to a HOME Program agreement between the City and M.B. Apartments Associates, Ltd., dated December 6, 1995, for the Madison Apartments at 259 Washington Avenue, providing $150,000 in additiol HOME funds for costs relating to the development of the project. JGP/HWM~MDC/BS F :\bs\MBDC\madson96.mem AMENDMENT TO PROJECT AGREEMENT This Amendment to the Project Agreement, dated as of December 6, 1995, between the CITY OF MIAMI BEACH, a Florida municipal corporation, having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, hereinafter referred to as the "City" and the M.B. Apartments Associat~, Ltd., a Florida limited partnership, (the Partnership), is entered into this..2::ff!. day of }uvc___~,v , 1996. WITNESSETH: WHEREAS, on June 29, 1994, the City entered into an Agreement (Initial Agreement) with the Miami Beach Development Corporation (MBDC), a Florida Not-For- Profit Corporation, providing for the acquisition of the Madison Apartments, 259 Washington Avenue, Miami Beach, Florida, for the purpose of rehabilitating the building in order to provide affordable housing under the HOME Investment Partnerships Act (HOME) Program; and WHEREAS, on December 6, 1995, the Mayor and City Clerk approved an amendment to the Initial Agreement, assigning all of MBDC's rights, duties and obligations under the Initial Agreement to the Partnership and providing for increased funding (Project Agreement); and WHEREAS, on October 18, 1996, the City's Loan Review Committee reviewed and recommended approval of the Partnership's request for additional funds in the amount of One Hundred-Fifty Thousand Dollars ($150,000) for costs relating to the development of the Madison Apartments; and WHEREAS, the Partnership will execute the attached Restrictive Covenant providing for certain resale affordability covenants and restrictions on the Madison Apartments. NOW THEREFORE, the Project Agreement is hereby amended as follows: 1. Article VI, Method of Payment, subsection (4), page 5, is amended as follows: M,8, Apartments Associates, Ltd., understands and agrees that disbursement of funds under this Agreement are only to be requested when the funds are needed for payment of eligible costs, The amount of each request must be limited to the amount needed, not to exceed a total of $500,000. 2. The existing Exhibit B (BUDGET) is deleted in its entirety, and the new Exhibit B, reflecting increased funding by $150,000, for a total of $500,000, is attached hereto and made a part of the Agreement. 3. All other terms and conditions of the Project Agreement between the City and the Partnership shall remain in full force and effect. By: e~<f p~ City Clerk ATTEST: ATTEST: OWNER: M.B.APARTMENTSASSOCIATES, L TO., A Florida limited partnership By: ~ f1v~. Witness ( CaJ- ><4f-?-= Witness By: " ~.", F',.~ "", .~,-, -, -'.' 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