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96-21920 RESO RESOLUTION NO. 96-21920 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 MULTI- FAMILY HOUSING REHABILITATION PROGRAM MATCHING GRANT AGREEMENT, DATED JUNE 22,1995, PERTAINING TO THE BLACKSTONE APARTMENTS AT 800 WASHINGTON AVENUE, EXTENDING THE TIME TO COMPLETE THE REHABILITATION OF THE PROJECT TO AUGUST 15, 1996. WHEREAS, on June 22, 1995, the City of Miami Beach entered into that certain Multi-Family Housing Rehabilitation Program Matching Grant Agreement (the "Agreement") with The Blackstone Hotel Associates, Ltd. ("Owner"), pertaining to the rehabilitation of the Owner's property at 800 Washington Avenue, Miami Beach, Florida (the "Project"); and WHEREAS, pursuant to the Agreement, the rehabilitation of the Project was due to be completed no later than nine (9) months after the date of the Agreement; and WHEREAS, due to circumstances beyond the Owner's control, including: a) the discovery by the exterior stucco contractor, that an additional layer of membrane material had to be removed, and b) that the terra-cotta blocks used for the exterior walls contained large voids which require filling prior to applying the new coat of stucco; both of these conditions were not foreseen by the contractor. As a result, the rehabilitation of the Project has been delayed; and WHEREAS, the successful rehabilitation of the Project will eliminate an undesirable water intrusion problem affecting the majority of the 131 elderly and disabled tenants residing in the Blackstone 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 authorized to execute the attached Amendment to that certain Multi-Family Housing Rehabilitation Program Matching Grant Agreement, dated June 22, 1995, pertaining to the property at 800 Washington Avenue, extending the time for rehabilitation of the Project to August 15, 1996, all other terms and conditions remain in effect. PASSED and ADOPTED this 20th March ,1996. ATTEST: ~ O~6 p(t,L~ CITY CLERK ;..~tnr\1 ADp- \;Ie)'. ....... U \1" l f\LJ. uJ LEGAL DEPT. BY...~ ~aLL- Date ..3.:: / ).. =2. b. DDHP\ICOMMEMOIBLKST AMD.RES CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. -J t..l ~ -q {, TO: Mayor Seymour Gelber and Members of the City Commission DATE: March 20, 1996 SUBJECT: Jose Garcia_pedrost City Manager A RESOLUTION A HORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THAT CERTAIN MULTI-FAMILY HOUSING REHABILITATION PROGRAM MATCHING GRANT AGREEMENT, DATED JUNE 22,1995, PERTAINING TO THE BLACKSTONE APARTMENTS AT 800 WASHINGTON AVENUE; EXTENDING THE TIME TO COMPLETE THE REHABILITATION OF THE PROJECT. FROM: ADMINISTRATION RECOMMENDATION: It is recommended that the Mayor and City Commission adopt the attached Resolution authorizing the Mayor and City Clerk to execute an Amendment to that certain Multi-Family Housing Rehabilitation Program Matching Grant Agreement, dated June 22, 1995. This Amendment authorizes an extension of time to complete the rehabilitation project which is currently underway at the Blackstone Apartments located at 800 Washington Avenue, Miami Beach. BACKGROUND: The City, through the Housing and Community Development Division, of the Design, Development and Historic Preservation Services Department administers various federally-funded housing programs. The Multi-Family Housing Rehabilitation programs provide the financial assistance necessary to undertake rehabilitation of multi-family rental properties in order to provide decent, safe and sanitary rental housing for qualified individuals and families. The City has offered this financial assistance for the past fourteen (14) years resulting in the successful renovation of over 1 ,100 units of rental housing. The funds for these programs come directly to the City from the U.S. Department of Housing and Urban Development (HUD). The guidelines for the programs require that the buildings be maintained in rental use for a specified period of time. On March 15, 1995 the Mayor and City Commission approved Resolution #95-21519, authorizing the Mayor and City Clerk to enter into an Agreement with the owner of the property located at 800 Washington Avenue. The Multi-Family Housing Rehabilitation Program Matching Grant Agreement, dated June 22,1995, provided a combined CDBG and Rental Rehabilitation Program (RRP) subsidy in the amount of $374,860 for the rehabilitation of the property, and required completion within nine (9) months of the date of the Agreement (March 22, 1996). The owner is in the process of rehabilitating the building to make it weathertight to stop a chronic water intrusion problem created in part by damage from Hurricane Andrew. ANALYSIS: The rehabilitation contractor has encountered several situations which have caused the project to fall behind AGENDAITEM~ DATE 3-20 -'1(". COMMISSION MEMO MARCH 20, 1996 schedule, including: a) discovery that the exterior stucco concealed an additional layer of membrane material which had to be removed, and b) that the terra-cotta blocks used for the exterior walls contain large voids which require filling prior to applying the new coat of stucco. Both of these conditions were not foreseen by the contractor. The City's original agreement was to provide a Matching Grant in the amount of $374,860 from two funding sources, $206,036.79 from Community Development Block Grant (CDBG) Program funds, and $168,823.21 from Rental Rehabilitation Program (RRP) funds. No additional financial obligation for the City will be created by this Amendment. The project is now more than thirty-five percent (35%) completed, and progress is continuing. The City has paid out $46,125 or 12% of the total commitment of funds to the owner thus far. Under the City's payment procedures, no funds can be disbursed unless additional construction work is completed, certified by the project engineer, and examined and approved by a qualified City construction inspector. The City's payments to the Owner are always reduced by a ten percent (10%) retainage, which is paid out upon issuance of a final Certificate of Completion by the City's Building Services Division. CONCLUSION: The rehabilitation of the 800 Washington Avenue property will provide an improved quality of life for the 131 elderly, and disabled tenants, by eliminating a long-continuing water intrusion problem which has affected most of the apartments in the building. The Administration recommends extending the completion date to August 15, 1996 for the project in order to maintain the availability of these 131 rental housing units for the elderly. The Administration recommends that the Mayor and City Commission adopt the attached Resolution approving and authorizing the Mayor and City Clerk to execute the Amendment to that certain Multi-Family Housing Rehabilitation Program Matching Grant Agreement dated June 22, 1995. JG-P/HSM/~h DDHPlI\COMMEMOIBLKST AMD.MEM AMENDMENT TO AGREEMENT This Amendment (the "Amendment"), dated as of March 20th 1996, to that certain Multi- Family Housing Rehabilitation Program Matching Grant Agreement (the "Agreement"), a copy of which is attached hereto as Exhibit "A", entered into on June 22, 1995, is being entered into by and between, the City of Miami Beach, Florida, a Florida municipal corporation (the "City"), and The Blackstone Hotel Associates, Ltd., a Florida limited partnership (the "Owner"). WITNESSETH: WHEREAS, on June 22, 1995, the City entered into the Agreement with the Owner, pertaining to the rehabilitation of the Owner's property located at 800 Washington Avenue, Miami Beach, Florida (the "Project"); and WHEREAS, pursuant to the Agreement, the rehabilitation of the Project was due to be completed no later than nine months after the date of the Agreement, March 22, 1996; and WHEREAS, due to circumstances beyond the Owner's control, including: a) discovery by the exterior stucco contractor that an additional layer of membrane material had to be removed, and b) that the terra-cotta blocks used for the exterior walls contained large voids which required filling prior to applying the new coat of stucco. Both of these conditions were not foreseen by the contractor. As a result, the rehabilitation of the Project has been delayed; and WHEREAS, the successful rehabilitation of this Project will eliminate an undesirable water intrusion problem affecting the majority of the131 elderly and disabled tenants residing in the Blackstone Apartments. 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. ABOVE STATEMENTS. The above statements are true and correct. 2. EXTENSION OF TIME FOR REHABILITATION OF THE PROJECT. Owner shall obtain a final Certificate of Completion from the City's Building Services Department, pertaining to the rehabilitation of the Project, no later than August 15, 1996. Section 16(a)(ii) of the Agreement is amended and will read as follows: diligently pursue construction and timely complete the project by securing a Final Certificate of Occupancy/Certificate of Completion no later than August 15, 1996, or 3. CONFLICT. In the event of any conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail. 4. 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 Own be executed by their duly authorized officers as of th have caused this Amendment to ate first written a ove. Date~~/ ~ /fiJf ATTEST: Q()br f~ ROBERT PARCHER, CITY CLERK I ) 1 0'-<', (^-~ ~ e (j y\(,.,dJ (fV--........... I The Blackstone Hotel Associates, Ltd., a Florida limited partnership C;b' .' /7-- ,-~ ~~<~~ pge,~rez, Er . ~ //The Related Companies of Florida, Inc. c.//General Partner WITNESS: III ,q ((/ CAr c -I Print Nime -~ ~ / ' . , ,";' / ) C / Vt<- 0J v C' ,. " I;,))':) Print Name /, f 0/1C'( cJ so,J ~,~,-- Date: In6.((/-'- 2<;;. I<;L/&' u/ )c:L\J(.cJ f.ORr" AD~"''''-'' " , I'; ': I r" '-- I ,~!. '. . 'i ~ .. ! ",-, ,; LEGAL DEPT. By 1/1 &1P~ I,>;, 3 '-I 1- --96 l-..,....'...... -...... ,........._.._".. ~ f:ddhp\\\commemo\blkstamd,agr 2