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96-21919 RESO RESOLUTION NO. 96-21919 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LIEN SUBORDINATION AGREEMENT FOR THE PROPERTY KNOWN AS THE VICTORY CONDOMINIUM, 734 MERIDIAN AVENUE, UNIT 1, MIAMI BEACH, FLORIDA; AND AUTHORIZING THE ADMINISTRATION, SUBJECT TO REVIEW BY THE CITY ATTORNEY'S OFFICE, TO REVISE AND EXECUTE ANY NECESSARY ACCOMPANYING DOCUMENTS FOR THIS TRANSACTION. WHEREAS, on July 28, 1993 the City and the Miami Beach Development Corporation (the "Provider") entered into an Agreement (the "Agreement") for the implementation of an affordable rental housing program funded through the HOME Investment Partnerships Program ("HOME") ; and WHEREAS, the Agreement authorized the City Manager to review, approve and execute the individual site transactions pursuant to the Agreement; and WHEREAS, on March 28, 1995 the City executed an individual site transaction for a property located at 734 Meridian Avenue, Unit 1, Miami Beach, Florida (the "Property"); and WHEREAS, certain terms and conditions of the Agreement and site transaction were enforced through a Restrictive Covenant, (the "Covenant") executed by the Provider at the time of closing and filed May 31, 1995 in Official Records Book 16799 page 2946, recorded in the Public Records of Dade County, Florida; and WHEREAS, by the terms of the Covenant, the City of Miami Beach holds a lien in the amount of fifty-five thousand seven hundred ninety-six dollars ($55,796), which at the present time is a first lien on the Property; and WHEREAS, by the terms of the Covenant the lien is subordinate to a first mortgage on the property which no longer exists; and WHEREAS, the Provider has received a commitment of working capital loan funds from the Community Reinvestment Group L.C., (the "CRG"), a limited liability company whose principals include Chase Federal Bank, Chemical Bank, Citizens Federal Bank and Consumer Savings Bank, in order to work with community development corporations in affordable housing initiatives; and WHEREAS, the primary purpose of the CRG is to provide predevelopment and acquisition funding for local nonprofits, who in turn use the funds for site acquisition for affordable housing projects; and WHEREAS, the CRG has entered into an agreement with the Provider to advance the sum of $50,000 which is intended to be a first mortgage on the Property; and WHEREAS, among the purposes of the HOME program is to expand the capacity of its non- profit community housing development partners to develop and manage decent, safe, and affordable housing; and WHEREAS, on March 1, 1996 the City's Loan Review Committee approved a motion to subordinate the City's Covenant on the Property to a first mortgage of the CRG, which will secure a line of credit of up to $50,000, to be used by the Provider for down payment acquisition costs, rehabilitation costs and other pre-closing costs in its Homebuyer Assistance Program 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 a lien subordination agreement for the property known as the Victory Condominium, 734 Meridian Avenue, Unit 1, Miami Beach, Florida; and authorize the administration, subject to review by the City Attorney's office, to revise and execute any necessary accompanying documents for this transaction. PASSED AND ADOPTED THIS ~ DAY OF March, 1996. ATTEST: jow p~ CITY CLERK f:\mbdc\liensub. res f'~""""' r '.' "l.c ."'/1 ,r'\I"".~:"...,'1 ~~-.. VI'ln n: I :'~" / r' LEGAL DEFT. BY~ D"tc 3....11....0-'-_. . " CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH COMMISSION MEMORANDUM NO. ~ TO: Mayor Seymour Gelber and Memben of the City Commission DATE: March 20, 1996 FROM: Jose Garcia_pedros~ City Manager A RESOLUTI AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LIEN SUBORDINATION AGREEMENT FOR THE PROPERTY KNOWN AS THE VICTORY CONDOMINIUM, 734 MERIDIAN AVENUE, UNIT 1, MIAMI BEACH, FLORIDA; AND AUTHORIZING THE ADMINISTRATION, SUBJECT TO REVIEW BY THE CITY ATTORNEY'S OFFICE, TO REVISE AND EXECUTE ANY NECESSARY ACCOMPANYING DOCUMENTS FOR THIS TRANSACTION. SUBJECf: ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and City Commission execute a lien subordination agreement for the property located at 734 Meridian Avenue, Unit 1, Miami Beach, Florida and authorize the administration, subject to review by the City Attorney's office, to revise and execute any necessary accompanying documents for the transaction. BACKGROUND: The HOME Investment Partnerships Act (HOME) is designed to expand the supply of decent, safe, and affordable housing for residents earning eighty percent or less of the area median income. The program encourages the creation of partnerships between the government and the private sector, including nonprofit organizations. In accordance with the HOME Program regulations, the City is required to reserve at least fifteen percent of its annual HOME allocation for investment in housing to be developed, sponsored or owned by Community Housing Development Organizations. The Miami Beach Development Corporation (MBDC) was certified as a Community Housing Development Organization (CHDO) on April 8, 1993. Pursuant to this CHDO designation, on July 28, 1993, the City entered into a CHDO Agreement with MBDC in the amount offour hundred fifty-eight thousand three hundred-fifty dollars ($458,350) for the implementation of a family rental housing program funded through the City's HOME Program grant. The Agreement allowed for individual site and transaction approvals to be executed by the City Manager or designee. AGENDA ITEM C.1G 3-2D-q (, DATE COMMISSION MEMORANDUM MARCH 20, 1996 PAGE 2 Four individual sites were purchased by MBDC between July 1994 and May 1995 utilizing CHDO set-aside funds. An individual site agreement was executed by the City Manager for each of these transactions. In addition, for each transaction, MBDC executed a Restrictive Covenant in favor of the City, encumbering each of the four properties. One of the four sites is the subject property located at 734 Meridian Avenue, Unit 1, Miami Beach. ANALYSIS: Eleven Thrifts in South Florida have formed what is believed to be the nation's first limited liability company owned by thrifts and devoted to financing affordable housing. The company, known as Community Reinvestment Group, L.C. (CRG), was formed in response to needs expressed by nonprofit housing providers who have not had the necessary quick access to funds necessary for site acquisition. While MBDC receives funding from various sources for its operating costs and project costs, it has not had access to a revolving loan fund or similar instrument that provides a source of quick cash to secure sites. The lack of affordable funds for site acquisition, which is required prior to the award of most project subsidies, has been a major obstacle to the timely production of affordable housing in the Dade County, Florida area. MBDC has received a commitment from CRG for a no interest working capital loan in the amount of $50,000 to be used exclusively for the MBDC Scattered-Site Homeownership Program. Up to $5,000 per housing unit would be drawn down to cover down payment acquisition costs, rehabilitation costs and other pre-closing costs as they are incurred by MBDC, and then be repaid from the proceeds of end financing at closing. In order to make a loan of this nature, the CRG requires sufficient collateral to cover the loan. Since the subject property was an all cash purchase with no existing mortgage, MBDC identified it as the source of collateral for the revolving loan fund. By the terms of the Restrictive Covenant executed for the subject property, the City holds a lien in the amount of $55,796 which at the present time is a first lien on the property. By the terms of the Covenant, the lien is subordinate to a first mortgage on the property which no longer exists. The loan to be provided by CRG to MBDC is intended to be a first mortgage, thereby placing the City in second lien position, if approved. Although the Administration does not normally support the subordination of Restrictive Covenants, this action will serve a public purpose in that MBDC is the City's only COMMISSION MEMORANDUM MARCH 20, 1996 PAGE 3 designated not-for-profit CHDO. The City encourages the Mayor and City Commission to approve this request with the clear understanding that this is a "one-time only" approval, and predicated on the fact that this is for a not-for-profit designated CHDO. On March 1, 1996, the City's Loan Review Committee (LRC) reviewed and approved MBDC's request and recommended that the City subordinate its lien position to a first mortgage of the CRG, in order to secure a line of credit in the amount of $50,000 for MBDC's Scattered-Site Homeownership Program. CONCLUSION: The Administration recommends that the Mayor and City Commission adopt the attached Resolution and authorize the Mayor and City Clerk to execute the attached Lien Subordination Agreement for the property known as the Victory Condominium, 734 Meridian Avenue, Unit 1, Miami Beach, Florida; and authorize the administration, subject to review by the City Attorney's Office, to revise and execute any necessary accompanying documents for this transaction. JGP/H~S bs:f:\MBDC\liensub.mem CITY OF MIAMI BEACH LOAN REVIEW COMMITTEE MEETING OF: March 1, 1996 MOTION #: 4 MOTION MADE BY: James Gleason MOTION 2ND BY: Cheryl Martin MOTION TEXT: That the Loan Review Committee recommend to the Mayor and City Commission that the City's Restrictive Covenant on the property located at 734 Meridian Avenue, be subordinated to a first mortgage of the Community Reinvestment Group which will secure a line of credit of up to $50,000, which is to be used exclusively for the Scattered-site Homeownership Program administered by MBDC. ROLL CALL VOTE: ~MEMBERS YES NO ABSENT ABSTAIN CONFLICT ANITA BERNSTEIN X JAMES GLEASON X CHERYL MARTIN X ROBERT NACHLlNGER X HARRY PELLlSH X SIDNEY WEISBURD X 5 0 1 I MOTION CARRIED/FAILED i CARRIED I I I I I LIEN SUBORDINATION AGREEMENT "'~ ~ J WHEREAS, HERETOFORE, MIAMI BEACH DEVELOPMENT CORPORATION, INC., a Florida not-for-profit corporation ("Owner") did execute a Restrictive Covenant and Lien Agreement in favor of CITY OF MIAMI BEACH, ("Subordinating Lien Holder") encumbering the following described property: VICTORY CONDOMINIUM UNIT 1, UNDMDED 11.00% INTEREST IN COMMON ELEMENTS, CLERK'S FILE NO. 73R-67064, Property Address: 734 Meridian Avenue, Unit 1, Miami Beach, Florida 33139 securing a lien in the amount of FIFrY FIVE THOUSAND SEVEN HUNDRED NINETY SIX THOUSAND AND NO/I00 DOLLARS ($55,796.00) filed May 31, 1995 in Official Records Book 16799 at Page 2946, (The "Subordinated Lien") recorded in the Public Records of Dade County, Florida. WHEREAS, thereafter, on condition that the Subordinated Lien be subordinated in the manner hereinafter set forth, the Owner did execute a certain mortgage in favor of COMMUNITY REINVESTMENT GROUP, L.C., a limited liability corporation, ("Mortgagee") securing a note in the amount of FIFIY THOUSAND AND NO/IOO DOLLARS ($50,000.00), which mortgage was dated July 10 , 1996 and recorded under Clerk's File No. 96R309762 , of the Public Recordsof Dade County, Florida ("Mortgage"); and WHEREAS, the Mortgagee would not consummate its mortgage loan unless the Mortgage was a first mortgage upon the subject premises; NOW, THEREFORE, in consideration of the premises and of $10.00 in hand paid and in order to induce the Mortgagee to close its mortgage loan, the Subordinating Lien Holder hereby covenants and agrees: 1. That the Subordinated Lien be, and the same is, hereby made inferior and subordinate to the Mortgage, just as though the Mortgage were executed and recorded prior to the execution of the Subordinated Lien. 2. This agreement shall be binding upon the successors and assigns of the undersigned. 3. In all other respects, said Subordinate Lien is ratified and confirmed. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed this eX;;;( day of March , 1996. Witnesses: QtA~OL Print Name 0~~ J:jfr;,ty,- rn B~/z& L P , t Name J . 0\ - tJ /, , S . ft~/Nb~ Row f~ Robert Parcher, City Clerk STATE OF FLORIDA ) ss: COUNTY OF DADE ) The foregoing instrument was acknowledged before me this;;< ~_ day of March , 1996 by S'E y /}1 tJ c' f.: r:;. r: Lr?)FJ! , as MAY () e , of City of Mia:mIBeach on behalf of the C t'- & . H~LShe is personally known to me and has produced a Florida Drivers License as i entification and did not take an oath. I . "rl -~ / Public, State of Florida iV1A.es i-IA LL My Commission Expires: ,~\, JUDITH MARSHALl l.tJi,'\:t MY COMMISSION' CC 446862 ~.~{f! EXPIRES: AprIl 28. 19l1ll '(~R(,~~~ Bonded lhtu Notary PublIc UndIliwIIl8Ia --To D t r H Print Name f""'pr ~ r r""~' .' J lhtL.. .\; I ""- .." LEGAL 0 EFT. By //;1/ ~~ ~- II -OJ 6 [J.::te _-" - . .. . V.;;,''' o w > 5:2~ 0:: UJ o Om I-- . 8 ~~~ 2: ,< u..; cr .:;,:u', ~t~: I 7290r[05 I I ~ ,,- -- t t" <'''l ......~... L.U C"'":. ;:) c) (J N ,--- W (.!) ..-.:( a:: ~ ..j~ LIEN SUBORDINATION AGREEMENT ..u1..U 1..0 ::.> en ~ UJ~ . WH~, HERETOFORE, MIAMI BEACH DEVELOPMENT CORPORATION, INC., a Florida not-for-profit corporation ("Owner") did execute a Restrictive Covenant and Lien Agreement in favor of CI1Y OF MIAMI BEACH, ("Subordinating Lien Holder") encumbering the following described property: 96R327760 1996 JUL 25 14:23 VICTORY CONDOMINlUi\1 T.JNJ:T 1, ill>lDfVIDED 11.00% INTEREST IN COMMON ELEMENTS, CLERK'S FILE NO. . 73R-67064, Property Address: 734 Meridian Avenue, Unit 1, Miami Beach, Florida 33139 securing a lien in the amount of FIFIY FIVE THOUSAND SEVEN HUNDRED NINE1Y SIX THOUSAND AND . NO/IOO DOLLARS ($55,796.00) filed May 31, 1995 in Official Records Book 16799 at Page 2946, (The "Subordinated Lien") recorded in the Public Records of Dade County, Florida. WHEREAS, thereafter, on condition that the Subordinated Lien be subordinated in the manner hereinafter set forth, the Owner did execute a certain mortgage in favor of COl\1l\1UNI1Y REINVESTMENT GROUP, L.c., a limited liability COrpoqltion, ("Mortgagee") securing a note in the amount of FJ[lJ THOUSAND AND NO/IOO DOLLARS ($50,000.00), which mortgage was dated ~ 10, 1996 and recorded under Clerk's File No. 96R309762 , of the Public Recordsof Dade County, Florida ("Mortgage"); and {. WHEREAS, the Mortgagee would not consummate its mortgage loan unless the Mortgage was a first mortgage upon the subject premises; NOW, THEREFORE, in consideration of the premises and of $10.00 in hand paid and in order to induce the Mortgagee to close its mortgage loan, the Subordinating Lien Holder hereby covenants and agrees: 1. That the Subordinated Lien be, and the same is, hereby made infeIior and subordinate to the Mortgage, just as though the Mortgage were executed and recorded prior to the execution of the Subordinated Lien. 2. This agreement shall be binding upon the successors and assigns of the undersigned. 3. In all other respects, said Subordinate Lien is ratified and confirmed. .- ~b .. ~g: I 7290f[)SI Z IN WITNESS WHEREOF, the undersigned has caused these presents to be executed this ??~ day of March I 1996. . Witnesses: STATE OF FLORIDA ) SS: ) COUNTY OF DADE CI ....... ..., H olw.~ p~~,'" Rebert Parche~,-C--i-t-y'::"t&.1:erk.- q, , "'.........t\.--:- _ ,I' . -~ ,...;.. I ~ ,"\' ~ . " ..':~:, :)~... .';"7: ..~:;'.\.. ~,.,_ ,4\". ".I' ..,' . t. <, . "-~"r. F~~~~.b' ~ ". ' .., ::J t~) ". ;:' ...,~ _..I The foregoing instrument, was acknowledged before me this .;(~ day of March I 1996 by ..5cVrnc' 1./ If: c::: E LI.~E R. I as [1I1A-Vrle I of City of Miami Beach on behalf of the C (I~ { . He/She is personally known to me and has produced a Florida Drivers License as 'aentification and did not take an oath. My Commission Expires: ...~-:t.!/''ft,..,. JUDITH MARSHALL f:r@,'~~:~ MY COMMISSION /I CC 446852 ~:;&.~<J EXPIRES: Aprtl28. 1999 ";if. '0', ,,~~., Bonded Thru Nola1y Public Underwriters <'llIl'" } RECORDED IN OFFICIAL REqORDS BOOK OF DADE couNTY, FLORIDA. RECORD VERIFIED HARVEY RUVIN CLERK CIRCUIT COURT N J{{k a~dtd~ Public, State of Florida MA-R5H ALL JUfJ rTH Print Name FORM APPRO\'cJ LEGAL DEPT. By I!J( ~- D2te ~- l/ -OJ 6