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2002-24740 Reso RESOLUTION NUMBER 2002-24740 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE TRANSFER OF OWNERSHIP OF THE BLACKSTONE APARTMENTS, LOCATED AT 800 WASHINGTON AVENUE, FROM THE BLACKSTONE HOTEL ASSOCIATES, LTD. TO BLACKSTONE EQUITIES, LLC, FURTHER, APPROVING THE ATTACHED ASSIGNMENT AND ASSUMPTION AGREEMENT BEnNEEN THE BLACKSTONE HOTEL ASSOCIATES, L TD AND BLACKSTONE EQUITIES, LLC FOR THE MULTI-FAMILY HOUSING REHABILITATION PROGRAM MATCHING GRANT AGREEMENT BETWEEN THE CITY AND THE BLACKSTONE HOTEL ASSOCIATES, LTD., DATED JUNE 22,1995. WHEREAS, the City of Miami Beach has established a program to encourage the rehabilitation of existing substandard ulti-family buildings, using funds supplied by the U.S, Department of Housing and Urba Development (HUD); and WHEREAS, on July 22, 1992, the Mayor and City Commission approved and adopted revised guidelines (the "Guid lines") for providing assistance to property owners under the programs sponsored by HU ; and WHEREAS, the Multi-Family Ho sing Rehabilitation Program is administered by the City's Housing Division' and is a HUD- ponsored program; and WHEREAS, on June 22, 1995, the City and the Blackstone Hotel Associates Ltd. entered into a Multi-Family Housing Re abilitation Program Matching Grant Agreement for the Blackstone Apartments, located a 800 Washington Avenue, and WHEREAS, in accordance with he terms of the Multi-Family Housing Rehabilitation Program Matching Grant Agreement, t ansfer of ownership of the Blackstone Apartments and assignment of said agreement r quire the prior written consent from the City and approval by the Loan Review Commi ee, and WHEREAS, Blackstone Equiti s, LLC, has agreed to assume the Multi-family Housing Rehabilitation Program Ma ching Grant Agreement between the City and Blackstone Hotel Associates, Ltd" or the Blackstone Apartments, located at 800 Washington Avenue, dated June 22, 995, and WHEREAS, Blackstone Equitie ,LLC, has agreed to offer, for a minimum offive (5) years, 67 of the 131 residential units as available affordable rental housing, beginning January 12, 2003, after the current H using Assistance Plan contract expires; and WHEREAS, the City's Loan Review Committee, at its emergency meeting of January 29, 2002, reviewed a request to transfer ownership of the Blackstone Apartments, located at 800 Washington Avenue, from the Blackstone Hotel Associates, Ltd. to Blackstone Equities, LLC, and a request for the assignment to Blackstone Equities LLC of the Multi-Family Housing Rehabilitation Program Matching Grant Agreement between the City and Blackstone Hotel Associates, Ltd., dated June 22, 1995, and recommended approval by the Mayor and City Commission, and WHEREAS, the Administration now requests approval for the transfer of ownership of the Blackstone Apartments, located at 800 Washington Avenue, from the Blackstone Hotel Associates, Ltd. to Blackstone Equities, LLC, and approval of the attached Assignment and Assumption Agreement between the Blackstone Hotel Associates, Ltd. and Blackstone Equities, LLC for the Multi-Family Housing Rehabilitation Program Matching Grant Agreement between the City and the Blackstone Hotel Associates, Ltd. dated June 22, 1995. 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 the transfer of ownership of the Blackstone Apartments, located at 800 Washington Avenue, from the Blackstone Hotel Associates, Ltd. to Blackstone Equities, LLC, and approve the attached Assignment and Assumption Agreement between the Blackstone Hotel Associates, Ltd. and Blackstone Equities, LLC for the Multi-Family Housing Rehabilitation Program Matching Grant Agreement between the City and the Blackstone Hotel Associates, Ltd. dated June 22, 1995. APPROVED AND ADOPTED THIS 30th ATTEST: hlrPwt.- ROBERrPARCHER, CITY CLERK BLKSTONE.RES.doc APPRCM!DM'IO FORM&LANGUAGI . FOR EXECUTION J -)...~ V' DIIII This Instrument Was Prepared By Record and Return To: Richard I. Blinderman, Esq, Steams Weaver Miller Weissler Alhadeff & Sitterson, PA ISO West Flagler St., Suite 2200 Miami, Florida 33130 ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Agreement") is made this _ day of January, 2002, by The Blackstone Hotel Associates, Ltd" a Florida limited partnership ("Original Owner") and Blackstone Equities, L.L.C., a Delaware limited liability company ("Subsequent Owner "), BACKGROUND A. The City of Miami Beach, Florida, a municipal corporation pursuantto the laws of the State of Florida (the "City") and Blackstone Hotel Associates, Ltd" a Florida limited partnership ("Original Owner") entered into that certain Multifamily Housing Rehabilitation Program Matching Grant Agreement dated as June 22, 1995 (the "Grant Agreement") pertaining to a matching grant in the amount of 374,860,00 from the City to the Original Owner for the rehabilitation of The Blackstone Hotel, a multifamily apartment project on the real property located in the City and legally described on Exhibit "A" hereto (the "Project"). B. Original Owner desires to sell the Project to Subsequent Owner and Subsequent Owner desires to purchase the Project. C. As a condition precedent to any sale, transfer or assignment of the Projeqt prior to the termination of the Grant Agreement, written consent and approval for such sale, transfer or assignment must be received from the City's Loan Review Committee and Mayor and City Commission, D, The City desires to assure that the Project and Subsequent Owner will continue to comply with the terms and conditions set forth in the Grant Agreement. E. Subsequent Owner desires to give the City assurance that the terms and conditions set forth in the Grant Agreement will be complied with so that the sale and transfer of the Project may occur, F, Original Owner desires to assign all its right, title, duties and obligation under the Grant Agreement to Subsequent Owner, which desires to assume such rights, title, duties and obligation, G, The parties hereto desire to set forth the assignment and assumption in writing, NOW, THEREFORE, in consideration often dollars and other good and valuable consideration, the sufficiency of which to acknowledged, Original Owner and Subsequent,Owner agree as follows: I, The above Background is true and correct and incorporated in this Agreement. 2, Original Owner hereby assigns to Subsequent Owner and, Subsequent Owner hereby assumes all right, title, duties and obligations of Original Owner under the Grant Agreement and shall be deemed a party to the Grant Agreement as if it were an original party thereto, 3. This Agreement shall be effective as of the effective date of the transfer of ownership from Original Owner to Subsequent Owner as evidenced by the recording of a deed from Original Owner, as grantor, to Subsequent Owner, as grantee (the "Deed") in the Public Records of Miami-Dade County, Florida, 4, The Subsequent Owner shall record this Agreement in the Public Records of Miami-Dade County, Florida as soon as practicable after the recording therein of the Deed and after its recording and the return thereof shall deliver or cause to be delivered this original Agreement to the City, 5. It is understood and agreed that the City shall be an intended third party beneficiary to this Agreeemnt 6. This Agreement shall be construed in accordance with the laws of the State of Florida, Dated as of the date first above written. THE BLACKSTONE HOTEL ASSOCIATES, LID" a Florida limited partnership By: The Related Companies of Florida, Inc., a Florida corporation, its general partner Print Name: By: Name: Matthew], Allen Title: Vice President Print Name: BLACKSTONE EQUITIES, L.L.C" a Delaware limited liability company Print Name: By: Name: Michael Fischer Title: Member Print Name: -2- COUNTY OF ) )ss: ) STATE OF FLORIDA The foregoing instrument was acknowledged before me this _ day of , 2002 by Michael Fischer, as Member of Blackstone Equities, L.L.C., a Delaware limited liability company, on behalf of the company, Personally Known OR Produced Identification Type of Identification Produced Print or Stamp Name: Notary Public, State of Commission No,: My Commission Expires: at Large -3- ) )ss: ) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of ,2002 by Matthew J, Allen, as Vice President of The Related Group of Florida, Inc., a Florida corporation, the general partner of Blackstone Equities, L.L.C" a Delaware limited liability company, Personally Known OR Produced Identification Type ofIdentification Produced Print or Stamp Name: Notary Public, State of Commission No.: My Commission Expires: at Large F:\AITO\LEVL\FORMS\cityulumpagtFIN.wpd -4- CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m - Condensed Title: A resolution approving the transfer of ownership of the Blackstone Apartments from the Blackstone Hotel Associates, Ltd. to Blackstone Equities, LLC, further, approving the Attached Assignment and Assumption Agreement between The Blackstone Hotel Associates, L TO and Blackstone Equities, LLC for a Multi- Family Housing Rehabilitation Program Matching Grant Agreement. Issue: Shall the City of Miami Beach approve the transfer of ownership of the Blackstone Apartments from the Blackstone Hotel Associates, Ltd, to Blackstone Equities, LLC, further, and approve the Attached Assignment and Assumption Agreement between the Blackstone Hotel Associates, L TO and Blackstone Equities, LLC. Item Summary/Recommendation: The Administration recommends that the Mayor and City Commission approve the transfer of ownership of the Blackstone Apartments, located at 800 Washington Avenue, from the Blackstone Hotel Associates, Ltd, to Blackstone Equities, LLC, and approve the attached Assignment and Assumption Agreement between the Blackstone Hotel Associates, Ltd. and Blackstone Equities, LLC for the Multi-Family Housing Rehabilitation Program Matching Grant Agreement between the City and the Blackstone Hotel Associates, Ltd., dated June 22,1995. Advisory Board Recommendation: The City's Loan Review Committee, at its emergency meeting of January 29, 2002, reviewed a request to transfer ownership of the Blackstone Apartments, located at 800 Washington Avenue, from the Blackstone Hotel Associates, Ltd. to Blackstone Equities, LLC, and a request for the assignment to Blackstone Equities LLC of the Multi-Family Housing Rehabilitation Program Matching Grant Agreement between the City and Blackstone Hotel Associates, Ltd., dated June 22, 1995, and recommended approval by the Mayor and City Commission, Financial Information: Amount to be expended: D Finance Oept. Source of Funds: AGENDA ITEM DATE R7;J (-00-02- CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us To: From: Subject: COMMISSION MEMORANDUM Date: January 30, 2002 Mayor David Dermer and Members of the City Commission Jorge M, Gonzalez ~ . ~ City Manager tfV 0 A RESOLUTION F THE MA VOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE TRANSFER OF OWNERSHIP OF THE BLACKSTONE APARTMENTS, LOCATED AT 800 WASHINGTON AVENUE, FROM THE BLACKSTONE HOTEL ASSOCIATES, LTD. TO BLACKSTONE EQUITIES, LLC, FURTHER, APPROVING THE ATTACHED ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN THE BLACKSTONE HOTEL ASSOCIATES, L TD AND BLACKSTONE EQUITIES, LLC FOR THE MUL TI-FAMIL V HOUSING REHABILITATION PROGRAM MATCHING GRANT AGREEMENT BETWEEN THE CITY AND THE BLACKSTONE HOTEL ASSOCIATES, LTD., DATED JUNE 22, 1995. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The City administers the Multi-Family Housing Rehabilitation Program through the Housing Division of the Neighborhood Services Department. Since 1981, the City has provided financial assistance to property owners through this Program resulting in the successful renovation of over 1,250 units of rental housing, The Multi-Family Housing Rehabilitation Program operates with federal funds from the U.S. Department of Housing and Urban Development (HUD) through the Community Development Block Grant (CDBG) Program. The Blackstone Apartments, a 131-unit apartment building located at 800 Washington Avenue, is a 14-story structure originally built in 1929. The site consists of two lots and a portion of a third, with a total of 20,581 square feet. The structure is a 14-story steel frame/poured concrete high-rise structure, containing 100,500 gross square feet. The building is considered historically significant and is listed in the City's historic properties database. Currently, there are no outstanding code violations on the property. On June 22, 1995, the City and the Blackstone Hotel Associates, Ltd. (Owner) entered into a Multi-Family Housing Rehabilitation Program Matching Grant Agreement for the Blackstone Apartments, located at 800 Washington Avenue. Under the terms of the Agreement, the City provided $374,860 in Community Development Block Grant (CDBG) \\CH2\VOL 1'INEIG\HouHlg\MIGUELL'Memorandum'88ckstone Assignment Memo.doc and Rental Rehabilitation Program (RRP) funds toward the rehabilitation of the building, and the Owner rehabilitated the property and committed to provide, for a minimum of five years, 67 of the 131 apartments (51%) at affordable rates, The five (5) year affordability period is scheduled to begin on January 11, 2003 and run through January 11, 2008. In accordance with the terms of the Multi-Family Housing Rehabilitation Program Matching Grant Agreement, the Blackstone Hotel Associates, Ltd. is seeking authorization from the City to transfer ownership of the Blackstone Apartments and assignment of the Multi- Family Housing Rehabilitation Program Matching Grant Agreement to the Blackstone Equities, LLC. The closing is scheduled for January 31, 2002, so that the tax-exempt bonds previously issued by the Miami-Dade County Housing Finance Authority to finance the Property, that mature on February 1, 2002, can be paid in full with the closing proceeds. Prior to seeking approval from the City, the Blackstone Hotel Associates, Ltd. has obtained approval from the Miami-Dade County Housing Finance Authority, and the Housing Authority of the City of Miami Beach, to transfer ownership of the property to Blackstone Equities, LLC. The assumption agreements with these entities are to be signed and recorded at closing, The assumption agreements commit the new owner to comply with the affordability requirements of the Miami-Dade County Housing Finance Authority and the Housing Authority of the City of Miami Beach. A review of City records indicates that there are .no City code enforcement liens outstanding, and no unpaid water bills on the property, Property taxes are reported paid through 2001. In accordance with the terms ofthe Multi-Family Housing Rehabilitation Program Matching Grant Agreement, transfer of ownership of the Blackstone Apartments and assignment of said agreement require the prior written consent from the City and approval by the Loan Review Committee. The City's Loan Review Committee, at its emergency meeting of January 29, 2002, reviewed a request to transfer ownership of the Blackstone Apartments, located at 800 Washington Avenue, from the Blackstone Hotel Associates, Ltd, to Blackstone Equities, LLC, and a request for the assignment to Blackstone Equities LLC of the Multi-Family Housing Rehabilitation Program Matching Grant Agreement between the City and Blackstone Hotel Associates, Ltd" dated June 22, 1995, and recommended approval by the Mayor and City Commission. The Administration recommends that the Mayor and City Commission approve the transfer of ownership of the Blackstone Apartments, located at 800 Washington Avenue, from the Blackstone Hotel Associates, Ltd. to Blackstone Equities, LLC, and approve the attached Assignment and Assumption Agreement between the Blackstone Hotel Associates, Ltd. and Blackstone Equities, LLC for the Multi-Family Housing Rehabilitation Program Matching Grant Agreement between the City and the Blackstone Hotel Associates, Ltd., dated Ju 22, 1995. \\C OL 1\NEIG'lHousIng\MIGUELLIMemorandum\B1acIlstone Assignment Memo.doc