RESOLUTION 92-20557 tI •
RESOLUTION N° 92-20557
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA,
APPROVING AND ADOPTING THE REVISED
GUIDELINES FOR THE SINGLE—FAMILY
REHABILITATION PROGRAM AND AUTHORIZING
THE MAYOR AND THE CITY CLERK TO EXECUTE
GRANT AGREEMENTS AND OTHER DOCUMENTS
RELATING TO THE PROGRAM.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
WHEREAS, the City Commission on April 10, 1991, approved
the Guidelines for the Single-Family Rehabilitation Program;
and
WHEREAS, the City Commission on March 18, 1992 adopted a
Program Description under the new HOME Investment Partnership
Program, which included rehabilitation assistance to existing
homeowners; and
WHEREAS, the U. S. Department of Housing and Urban
Development has now approved such Program Description
submitted by the City; and
WHEREAS, a need exists to revise these Guidelines, in
order to identify that additional funding is available under
the HOME Program, and to make those required revisions; and
WHEREAS, the City Administration has revised the
Guidelines and recommends their approval and adoption.
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Guidelines for
the City of Miami Beach Single-Family Rehabilitation Program,
as revised, are hereby approved and adopted.
BE IT ALSO DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Clerk of the City of Miami Beach are hereby authorized and
directed to execute Grant Agreements and other documents
related to the Program, on behalf of the City of Miami Beach,
for those applications approved by the City' s Loan Review
Committee.
PASSED AND ADOPTED THIS 22ND D, OF JULY, 111)
A
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0 ........____
MAYOR
ATTEST:
FORD APPROVED
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CITY CL K 0."'4410. (,6feir--___
By
Date
•
GUIDELINES FOR THE
CITY OF MIAMI BEACH
SINGLE-FAMILY
REHABILITATION PROGRAM
SECTION I - DEFINITIONS
City - The City of Miami Beach. Obligations of an Applicant are
obligations owed to the City of Miami Beach; however, dealings will
be with the City representatives as indicated in these Guidelines.
p
Economic and Community Development Department - The Department of
the City designated to administer federal funds received from HUD,
and to administer these Guidelines.
Eligible Costs - Those rehabilitation costs, building permit or
related fees as required by the work write-up to carry out the
intended rehabilitation of the property, and as further defined in
Section II .
Family - An individual or two or more persons related by blood,
marriage, operation of law, who occupy the same dwelling unit.
or
GeneralProperty Improvements Pro ert Im rovements (G. P. I . ) - Rehabilitation work to
improve the condition of the property beyond what is required by
the Minimum Rehabilitation Standards.
Grant - Provision of public funds requiring no repayment.
Hazardous
Condition - A code violation that is an immediate,
serious threat to the health and/or safety of the occupant of a
dwelling unit.
Housing
QualityStandards - HUD' s Housing Quality Standards (see
Section III) .
HUD - The U. S. Department of Housing and Urban Development.
Income - Theg ross amount received from all sources byevery person
residing in
the house including: wages, pension, Social Security,
interest, rent, dividends, etc.
Loan Review
Committee - A five member committee appointed by the
City, responsible for the review and approval of applications which
will receive funding under the Program.
' 1 - A family whose gross income does not exceed 50
Low Income Family
p
ercent of the median income for Dade County, as determined by HUD.
dditions Page 1
Words underlined are a
Standards - The Rehabilitation minimum living standardswellin receiving
that must
be achieved for a single-family dwelling
assistance under this Program, consisting of the City' s Property
Maintenance Standards and the HUD' s Housing Quality Standards.
(Emphasis mustgiven be to exterior improvements) .
' - A family whose gross income is between 51
Moderate Income Family
percent and 80 percent of the median income for Dade County, as
determined by HUD.
The titleresidential property holder to a
Owner-Occupant -
ntainin one dwelling unit, in which the owner resides on a full
co g
time basis.
Property Maintenance Standards - The City of Miami Beach Property
Maintenance Standards.
Rehabilitation - The repair of a structure or facilities in connection with a structure, and may include the provision of
her facilities that are required by the Minimum
sanitary or of
Rehabilitation Standards.
• propertyused only for dwelling purposes. No
Residential - A , . allowed on the property.
commercial or office activities are
• - detached or attached residential unit
Single Family Dwelling A
designed for and occupied exclusively as a place of permanent
habitation for one family, and contains a living room, kitchen
area, bathroom(s) and bedroom(s) .
administratively designated geographic part of the
Target Area An admin Y
Cit in which Community Development Block Grant activities are
being carried out y and which contain slums and/or blighting
conditions (see Target Area Map) .
Work write-up - The itemization of all rehabilitation work to be
s
done on a property, including such directions and specifications
for workmanship and materials as may be necessary for the job to be
bid and constructed properly.
Words underlined are additions Page 2
•
SECTION II -DESCRIPTION OF PROGRAM
1. Purpose of the Program - To provide financial assistance to
improve the physical appearance and the quality of housing in
the North Shore Area of the City of Miami Beach (see target
area map) , by enabling low and moderate income owner
occupants, to rehabilitate their single-family homes.
The property must be in need of rehabilitation in order to
meet the Minimum Rehabilitation Standards as defined herein.
The Applicant must be an individual or family who owns and
occupies a single family dwelling. The Applicant must be
either a low or moderate income family as defined herein.
2 . Type of Assistance - Approved Applicants will receive
assistance in the form
YPof direct grants. The assistance will
be based on income of all family members residing in the
house, and the extent of rehabilitation required:
a. A Low Income Family will be eligible to receive a grant
equal to one hundred percent (100%) of the total of the
eligible costs of rehabilitation.
b. A Moderate Income Family will be eligible to receive a
grant equal to eighty percent (80%) of the total of the
eligible costs of rehabilitation.
c. In no case will the grant exceed $10, 000 per Applicant,
except that if a roof or major structural work is
required, the City may, subject to availability of funds,
increase such limit up to $17 , 500.
3 . Source of Funds - Funds for the Program will be made available
from either the Community Development Block Grant Program
(
CDBG) , or the Home Investment Partnership Program (HOME) , and
according to the appropriations made by the City Commission.
Conditions of Assistance - As security for these obligations,
4 .
the Applicant will be required to execute a Promissory Note a
Mortgage, and a Truth in Lending Disclosure Statement, in form
and substance satisfactory to the City. In case where the
Applicant is married but only one spouse holds title to the
property, the Applicant' s spouse will also be required to ,
execute the Mortgage.
Applicants must maintain the property as their principal place
of residence, and retain title to the same, for a period of
not less than three (3) years from the date of the execution
of the Promissory Note and the Mortgage.
Words underlined are additions Page 3
three •
(3) year period, the property must be
Also during the
kept ingood ood condition and repair, and no part of it should be
removed or demolished. Any
damage should be completed or restored promptly and in good and workmanlike manner. Any
claims for labor performed and materials furnished to the
property, should be paid when due.
• changes will be made to
Additionally, no cha the exterior of the q
propertyduring
that period, unless said changes are approved,
in writing, by the Economic and Community Development
Department.
An Applicant who does notcomply with these provisions, during
p y
the conditional three (3) year period, will be required to
repay
the Citythe full amount of the assistance.
5.
Eligibilityof an Applicant and the Property
a. An Applicant
must be the owner occupant of a single-
family residential property ,
• which should be located in
g
the North Shore
Target Area. The City reserves theright
to accept applications
from properties located in the
vicinity of the target area.
income must be no more
The Applicant' s than 80 percent
(
8 0%) County.
the median income for Dade y-
c. The Applicant shall have evidence of title to the
property to be rehabilitated.
d. The Applicant shall have paid all due city, county,
federal, and school taxes.
theproperty, after rehabilitation, will not
e. The value of family the mort_ e 1 imit f___or a single f y house under
HUD' s insuring
authority, as directed by the National
Housing Act.
To estimate
the current value of the property, the
assessed value, as determined by the Dade County Property_
Appraiser, will be considered.
property must not have received assistance for
f. The prop Y
housing rehabilitation from the City, Dade County or HUD,
during the previous five (5) years.
g. The City
must find the property to be in need of repairs
to meet the Minimum Rehabilitation Standards.
h. The property shall have no rental units.
he ro ert must not be a waterfront property t which is,.
defined as .a property built on lot s w. th oxo or m9 e
Words underlined are additions Page 4
sides bounding a natural or artificial body of water,
including any creek` canal, bay, or ocean.
property j . ro
The erty must conform to the requirements of the City
Zoning Ordinance.
6 . Eligible Costs
a. The cost of rehabilitation necessary to bring the
property up to meet the Minimum Rehabilitation Standards.
b. The cost of rehabilitation to correct or remove incipient
violations including all physical conditions of the
property which, if not repaired, would deteriorate into
actual violation of the Minimum Rehabilitation Standards
or the South Florida Building Code within two years.
c. The cost of general property improvements (G.P. I . ) . Such
work shall not be the major focus of the grant, and shall
be less than 40% of the cost of rehabilitation. G.P. I . ' s
may be included only if the minimum improvements required
under a) and b) are satisfied first.
d. The cost of rehabilitation to convert a property, if
allowed by the City Zoning Ordinance, by increasing the
number of rooms on the property.
e. The cost of building permits and related fees required to
carry out the proposed rehabilitation work, including but
not limited to architectural and engineering fees.
7 . Ineligible Costs
a. Any items not meeting the eligible cost requirements, as
defined herein.
b. Work so extensive as to be equivalent to new construction
or reconstruction of the property.
c. Excessive G.P. I. ' s which are inconsistent with the G.P. I.
requirements stated above. (However, the owner may
provide the difference with own funds) .
d. The repair or construction of swimming pools.
e. Materials, fixtures, equipment, or landscaping of a type
or quality which substantially exceeds that customarily
used in the City for properties of the same general type
as the property to be rehabilitated. (However, the owner
may provide the difference between the cost of such
materials, fixtures, etc. , as he/she desires and as the
Program will allow, with own funds) .
Words underlined are additions Page 5
. work done prior to the approval of
f. Anyreimbursement for verbally or in
or contracted for, either v y
the grant, oval of the grant by the City.
writing, prior to the appy
g judgement against the property
payment of any lien or
including back taxes.
- the Applicant' s income requires
Disbursement of the Grant If pP cost, the
8 . provides a portion of the total project .
that he/she disbursed first. The City will
applicant' s funds must be based
Pp
grant funds during the construction phase,
disburse the and expenditures
the percentage of work completed incurred,� s Building
• is in compliance with the City
provided it requirements and upon receipt proof of no
t of
Department
outstanding liens.
• - The Applicant icant must agree to carry out
9 . Accomplishment of Work Pp contract with a
all
rehabilitation work through written actor and let by him/her with the prior
licensed contractor
' The Applicant may enter into such
concurrence of the City. pP
contract by negotiation without advertising g or competitive
bidding.
• - Representatives of HUD or the City shall
10. Inspection of Work . the work, and all
have the right to examine and inspect •
g
' equipment, and conditions of
contracts, materials, payrolls,. relevant data
pertaining to the work, including all
employment
and records.
- All rehabilitation contracts must carry a
11. Warranty Repairs
warranty repair from the contractor for one year, to correct
such defects due to faulty materials, equipment or
workmanship.
12 . Ineligible Contractors - The Applicant must not award any
contract to any
contractor or subcontractor, whom the
Applicant has been advised is unacceptable for federally assisted contracts by HUD, or the City.
Personnel - No member of the City
13 . Interest of City
Administration, City Boards or City Committees, shall have any
interest in the proceeds of this Program.
14 . ApplicableRegulations Laws and Re ulations - The Applicant must agree to
by applicable all a licable City, State and Federal laws and
regulations, including, but not limited to, the South Florida
Building ,
Code the Zoning Ordinance, and the Property
Maintenance Standards.
Words underlined are additions Page 6
•
SECTION III - HOUSING QUALITY STANDARDS
Housing rehabilitated in this Program shall meet both the
Performance Requirements and the Acceptability Criteria, set forth
in this Section.
1. Sanitary Facilities
a. Performance Requirement. The dwelling unit shall include
its own sanitary facilities which are in proper operating
condition, can be used in privacy, and are adequate for
personal cleanliness and the disposal of human waste.
b. Acceptability Criteria. A flush toilet in a separate,
private room, a fixed basin with hot and cold running
water, and a shower or tub with hot and cold running
water shall be present in the dwelling unit, all in
proper operating condition. These facilities shall
utilize an approved public or private disposal system.
2 . Food Preparation and Refuse Disposal
a. Performance Requirement. The dwelling unit shall contain
suitable space and equipment to store, prepare, and serve
foods in a sanitary manner. There shall be adequate
facilities and services for the sanitary disposal of food
wastes and refuse, including facilities for temporary
storage where necessary (e.g. garbage cans) .
b. Acceptability Criteria. The unit shall contain the
following equipment in proper operating condition:
cooking stove or range and a refrigerator of appropriate
size for the unit and a kitchen with hot and cold running
water. The sink shall drain into an approved public or
private system. Adequate space for the storage,
preparation and serving of food shall be provided.
3 . Space and Security
a. Performance Requirement. The dwelling unit shall afford
the family adequate space and security.
b. Acceptability Criteria. A living room, kitchen area, and
bathroom shall be present; and the dwelling unit shall
contain at least one sleeping or living/sleeping room of
appropriate size for each two persons. Exterior doors and
windows accessible from outside the unit shall be
lockable.
Words underlined are additions Page 7
4 . Thermal Environment
The dwelling unit shall have and
a. Performance Requirement. T
be capable of maintaining a thermal environment healthy
for the human body.
b. Acceptability Criteria. The dwelling unit shall contain n
safe heating and/or cooling to each room in the dwelling
assure a healthy
appropriate for the climate to
unit .
• t. Unvented room heaters which burn gas,
living environment.
oil or kerosene are unacceptable.
5 .
Illumination and Electricity
• Each room shall have adequate
a. Performance Requirement. ermit normal
natural
or artificial illumination to p
indoor support the health and safety of
activities and to PP shall be
Sufficient electrical sourcess
occupants. use of essential electrical appliance
provided to permit
while assuring safety from fire.
• Criteria. Livingand sleeping rooms shall
b. Acceptability , wall type light
include at least one window. A ceiling or yp
fixture shall be present and working in the bathroom and
kitchen area. At least two electrical outlets, one of
light, shall which may be an overhead be present and g
operable in the living area, kitchen area, and each
bedroom area.
6. Structure and Materials
The dwelling a. Performance Requirement. unit shall be
structurally sound as not to pose any threat to the
health and safety e
of the occupants and so as to protect
the occupants from the environment.
Criteria. Ceilings, walls, and floorsshall
not have any serious defects such as Acceptability s severe bulging or
g
leaning,
large holes, loose surface materials, severe
buckling or
noticeable movement under walking stress,
• other serious damage. The roof structure
missing parts or
shall be firm and the roof shall be weathertight. The
exterior or wall structure and exterior wall surface
shall not have
serious defects such as serious leaning,
'n sagging, cracks or holes, loose siding, or
buckling, gg g,
other serious damage. The condition and equipment of
interior and exterior stairways, halls, porches,
•
walkwaY s etc. shall be such as not to present adanger
of tripping or
falling. Elevators shall be maintained in
g
safe and operating condition.
Words underlined are additions Page 8
7 . Interior Air Quality
a. Performance Requirement. The dwelling unit shall be free
of pollutants in the air at levels which threaten the
health of the occupants.
b. Acceptability Criteria. The dwelling unit shall be free
from dangerous levels of air pollution from carbon
monoxide, sewer gas, fuel gas, dust, and other harmful
air pollutants. Air circulation shall be adequate
throughout the unit. Bathroom areas shall have at least
one openable window or other adequate exhaust
ventilation.
8 . Water Supply
a. Performance Requirement. The water supply shall be free
from contamination.
b. Acceptability Criteria. The unit shall be served by an
approved public or private sanitary water supply.
9 . Lead Based Paint
a. Performance Requirement. The dwelling unit shall be in
compliance with HUD Lead Based Paint regulations, 24 CFR
Part 35, issued pursuant to the Lead Based Poisoning
Prevention Act, 42 U. S.C. 4801.
b. Acceptability Criteria. Same as Performance Requirement.
10. Access
a. Performance Requirement. The dwelling unit shall be
usable and capable of being maintained without
unauthorized use of other private properties, and the
building shall provide an alternate means of egress in
case of fire.
b. Acceptability Criteria. The dwelling unit shall be usable
and capable of being maintained without unauthorized use
of other private properties. The building shall provide
an alternate means of egress in case of fire (such as
fire stairs or egress through windows) .
11. Site and Neighborhood
a. Performance Requirement. The site and neighborhood shall
be reasonably free from disturbing noises and
reverberations and other hazards to the health, safety,
and general welfare of the occupants.
Words underlined are additions Page 9
b. Acceptability Criteria. The site and neighborhood shall
not be subject to serious adverse environmental
conditions, natural or manmade, such as dangerous walks,
steps, instability, flooding, poor drainage, septic tank
back-ups, sewage hazards or mudslides; abnormal air
pollution, smoke or dust; excessive noise, vibration, or
vehicular traffic; excessive accumulations of trash,
vermin or rodent infestation; or fire hazards.
12 . Sanitary Condition
a. Performance Requirement. The unit and its equipment shall
be in sanitary condition.
b. Acceptability Criteria. The unit and its equipment shall
be free of vermin and rodent infestation.
13 . Energy Efficient
Performance Requirement. Caulking and weatherstripping are
required as energy conserving improvements. Other appropriate
energy conserving improvements such as insulation and storm
windows must be accomplished as part of the rehabilitation
under this Program, to the extent that the Program determines
these improvements to be practicable, cost effective and
financially feasible.
Words underlined are additions Page 10
SECTION IV - LOAN REVIEW COMMITTEE
1. The Loan Review Committee shall consist of five (5) members as
follows:
a. City Manager or a designated representative of the City
Manager' s Office; and
b. City' s Finance Department Director; and
c. Three members from different private Lending Institutions
(federal or state regulated banking institution) with
offices located in the City, appointed by the City
Commission to serve for a one (1) year term.
The members will elect a chairperson, who will serve at the
will of the Committee. All meetings shall be called and set by
the chairperson as needed, and shall be open to the public.
Three (3) voting members shall constitute a quorum necessary
to hold a meeting or take any action.
The Community Development Director or a designated
representative from the Economic and Community Development
Department shall act as a direct liaison between the
Applicant, the committee, and representatives of the City.
2 . The Loan Review Committee shall:
a. Study applications and review the property qualifications
and eligibility of the Applicant.
b. If necessary, interview the Applicant to obtain
additional information about the application.
c. Evaluate applications and determine which ones shall
receive approval (reservation of funds) and specify time
frames and conditions for such commitment.
d. Estimate the amount of public funding needed to assist
selected applications.
e. Periodically review these Guidelines and make
recommendations to the City Commission for action.
3 . All resolutions, rules, and regulations, enacted by the City
regarding membership, attendance, removal of members, voting
and quorums, as amended from time to time, shall apply to the
Loan Review Committee.
Words underlined are additions Page 11
SECTION V - PROCESSING AN APPLICATION
interested property owner must first request an interview
1. Any P P
with the Economic and Community Development Department, and
bring the documentation listed below. A copy of the documents
will be made and held in confidence in a file. The information
needed will be used to determine the eligibilityof the
PP
A licant and the property, and the type/level of assistance.
a. Deed to the property.
b. Most recent property tax bill, general tax and school tax
and indication of payment.
c. For all working members of the family:
- the two (2) most recent payroll stub which indicates
gross salary and deductions;
- last two (2) years of tax returns, including all
schedules and attachments.
d. Year end mortgage statement, if property is mortgaged.
e. Homeowners Insurance or Fire Hazard Insurance Policy. In
addition, Flood Insurance, if required.
f. Three (3) most recent Florida Power & Light bills.
2 . If a determination of eligibility is made, then the City will
assist the Applicant, who must provide the following:
a. Completed application form.
b. Abstract of title or title report.
c. Work write-up, describing the proposed rehabilitation.
d. Itemized cost estimate for the proposed rehabilitation.
e. Plans to scale, if required.
3 . The Economic and Community Development Department will review
the application documents, inspect the property, and provide
a recommendation for review by the Loan Review Committee.
If the application is approved by the Loan Review Committee,
the amount of grant assistance will then be determined and
committed by the City.
The rehabilitation work must be carried out by a licensed
contractor through a written contract let by the Applicant
Words underlined are additions Page 12
with thep rior concurrence of the City. The Applicant may
enter into such contract by negotiation without advertising or
competitive bidding.
The Economic and Community Development Department will
coordinate the execution of the grant documents. The Mayor and
the City Clerk will execute the Grant Agreement on behalf of
the City. The Applicant must also execute: a Mortgage, a
Promissory Note and a Truth in Lending Disclosure Statement.
4 .
The rehabilitation phase and disbursement of grant funds will
then follow.
Words
underlined are additions Page 13
SECTION VI - TARGET AREA
87TH
85TH
77TH
oefo-
y�
67TH
TRQNILLE ESr'LFN9DE RUE NOTRE CAME
Words underlined are additions Page 14
GRANT AGREEMENT
THIS AGREEMENT entered into this th day of _ 199 , byand between
hereinafter referred to as "Owner" , who resides and is the legal
at Miami of the property located Beach, Florida, hereinafter,
"Property" , and the Cityof Miami Beach, a Florida municipal
referred to as
corporation, having its principal office at 1700 Convention Center Drive,
Miami Beach,
Florida, hereinafter referred to as "City" :
WITNESSETH:
mily Rehabilitation
established a Single-Fa
WHEREAS, the City has to rovide
Program,
hereinafter ref erred to as "Program" , designed p
financial assistance to property owners of substandard single-family
resid
• ential structures within the City of Miami Beach, Florida, for the
purpose of rehabilitating said structures; and
of said program are set forth in the Guidelines
WHEREAS, the policies P g
for
the Cityof Miami Beach Single-Family Rehabilitation Program
hereinafter referred to as "Guidelines" , adopted by the City Commission on
April
10, 1991, are deemedincorporated incor orated by reference and made a part of
this Agreement; and
properly
WHEREAS, Owner
hassubmitted an application for grant funds
and agreed to rehabilitate said Property in accordance with the Program,
and such application was approved by the City' s Loan Review Committee on
199 ; and
WHEREAS, it 1g
s acknowledged and agreed that funds utilized for payment
to Owner derive from federal funds appropriated to the City by the U.S.
Department of Housing and Urban Development, for the uses and purposes
herein referred to and accordingly it is acknowledged and agreed that Owner
will be in compliance with all applicable provisions of Federal, State and
local laws, statutes and regulations as they may apply to this Agreement.
NOW, THEREFORE, the parties agree as follows:
(1) Any amendments, alterations, or variations, will only be valid
when
theyhave been reduced to writing and duly signed by the
parties.
2
The Cityshall have the sole responsibility and obligation of
� of the Program and the Grant
interpreting the intent and purpose g
documents.
(3) Rehabilitation of Property shall be done in accordance with the
Guidelines and the applicable codes, ordinances and statutes of
the City and Metropolitan Dade County.
(4) In consideration for the performance of Owner of its duties and
responsibilities set forth in this Agreement, the City agrees to
reimburse Owner, in the form of joint checks to the Owner and
Contractor, for rehabilitation expenditures not to exceed the sum
of Dollars ($ ) , as the total of Grant and as further
provided for herein.
- 1 -
is Owner that none of the obligations
5 It understood and agreed by be general
( ) assumed or created hereunder shall
of the City
Citynone of the same shall be enforceable
obligations of the and
City Any and a l l obligations,
liabilities
against the
• hereunder, shall be limited to the
and commitments of the City duty or
Grant. No other fiscal, legal, equitable or contractualthis
Gran y and Owner by executing
is assumed by the City,obligation
Agreement so agrees.
indicated herein will be disbursed by the
6 The amount of the Grant as follows: Not
( ) issues a Notice to Proceed, and
City, after Owner
more often than twice a month, a payment equal to ninety percent
(90%) of work completed and expenditures incurred in the previous
period, provided the work is in compliance with the City' s
Building Department requirements and upon receipt of proof of no
ma in in (final) ten percent (10%) shall
outstanding liens. The re g
the com letion, approval and acceptance
of the
be paid upon P
• all the governmental agencies and
rehabilitation work by d receipt of
s havingpauthoritie over the Property, an
proof of no outstanding liens.
(7) The City will require at the time of closing that a Promissory
"Note) a Mortgage be executed and filed on the
Note (the andNote and Mortgage
ert for the amount of the Grant. Such
Property,
will be released at the end of three (3) years provided there are
no violations of the conditions set forth therein.
in the event that
a default of this Agreement
(8) It shall be deemed
Owner, within three (3) years of the date of the execution of the
the following:lowin : (1) transfers title of Property,
Note, does any of g except to a
which title is currently vested in . Owner jointly; p •
• Owner, the surviving spouse retaining title
surviving spouse of
for the remainder or (2)of the three year period, fails to
as his/her principal place of residence or (3)
maintain Property /
a surviving spouse his/her fails to maintain Property as
principal place of residence for the remainder of the three
years. "Transfer of title" shall mean the sale or other transfer
of any kind or
nature of Property. A transfer by operation of
the death of the Owner and/or the surviving
law, such as by
spouse, "transfer of title",
shall nottr
be considered to be a that anyheir must retain title for the
provided however,
remainder of the three year period.
(9) If Owner does not comply with any of the requirements of
Paragraph 8 above, the City will declare the Grant to be a loan
and Owner will pay interest on the unpaid principal amount of the
Note from
the date thereof, at the rate of Three percent (3 . 00%)
per annum until paid. In the event a loan is declared, both the
principal al of and interest on the Note will be payable on the
first day of each month, in the number of equal installments,
including the amortization of both principal and interest
calculated as follows: 180 less the number of months which had
expired from the date of the Note to the date of written notice
from the City that the repayment is required.
- 2 -
declared,In the event a loan is it shall be the responsibility
CityOwner of the monthly payment and the date
o f the to notify
ofpayment.the first ayment. Such payment shall be made in lawful money
• at theprincipal office of the City or at
of the United States such other place as shall be designated by the City.
The City
will also notify Owner of the amount of subsequent monthly
payments, including the last payment.
Owner may prepay at anytime all or any part of the principal
without thepayment of penalties
of the Note nalties or premiums.
All payments on the Note shall be applied first to the interest
then to the principal due on the Note, and
due on the Note, and
e remainin balance shall be applied to late charges,
g ,
if any.
th g
in Paragraph 11 below,
Except as provided all monthly installment
paymentsthe due date thereof
on the Note shall be credited as of t of interest because paid either before or
without add ustmen
after such due date.
is declared,
(11) In the event a loanif Owner fails to pay the due, and i f such
interest on or principal amount of the Note whenin on the date the nextinstallment payment
failure is existing
under the Note
becomes due and payable, the unpaid principal
amount of the together to ether with accrued interest and late
charges, shall
become due and payable, at the option of the City without notice to the Owner. Failure of the City to exercise such
option shall not constitute a waiver of such default. No default
reason of nonpayment of any
shall exist by required installment po
of principal rinci al and interest so long as the amount of optional
prepayments already madepursuant thereto equals or exceeds the
amount of the required installments. If the interest on, and
principal of,
the Note are not paid during the first fifteen days
of the calendar
month which includes the due date, Owner shall
a late charge of 4% per calendar month, or fraction
pay the City g
thereof, on the amount past due and remaining unpaid. If the Note
is reduced judgment,to such judgment shall bear the statutory
interest rate on judgments.
(12) If suit is instituted by the City to recover on the Note, Owner
agrees to pay
all costs of such collection including reasonable
attorney's fees and court costs.
(13) For purposes of this Agreement and the documents referenced or
incorporated within it, a default shall include without
limitation,
the following acts or events of Owner, or its agents,
servants, employees, or contractors:
(a) Owner's failure to (i) commence rehabilitation work within
thirtY ( ) Y30 da s from the date of the Note, or (ii)
diligently
pursue and timely complete the rehabilitation of
Propertywithin four (4) months from the date of the Note.
Rehabilitation work shall be considered to have commenced
and be in active progress when, in the opinion of the City's
Economic and Community Development Department, a full
complement of workmen and equipment is present at the site
- 3 -
materials and equipment into the
to diligently incorporateworkingday,
rou
structure throughout the day on each full g
weather permitting.
• with applicable building, fire,
(b) Owner' s failure to comply P and codes.
housinglaws, rules, regulations
life safety and
(c) Owner' s default on any
of the terms and conditions of the
Note or Mortgage.
(d) Owner's failure to
maintain the required property insurance.
Agreement or of the terms and
e) Owner' s breach of this g laws, rules and
( the Guidelines or applicable
conditions of
regulations pertaining hereto which are referenced by this
Agreement.
satisfied
(f) Claims of lien notor bonded-off, in accordance
with Florida Statutes, within 60 days from the date of
filing of any such lien.
default as set forth in Paragraph 13 above,
(14) In the event of a provide written notice of such default to Owner.
I f
City shall p
isand satisfactorily cured within thirty
the default not fully to Owner, to
of the City mailing notice of such default• •
(30) days it Manager or his/her authorized
the full satisfaction of the City g period, this
designee, at the expiration of said thirty (30) day p .
be
rmthe City's sole option and discretion,
Agreement may, at y
deemed automatically canceled and terminated and the City fully
discharged ,
from anyand all liabilities, duties and terms arising
including, but
virtue of this Agreement,
out of or accruing by
not limited to the obligation to fund any unfunded portion of the
Grant.
default and termination as provided
I n the event o f a above, the
City shall additionally be entitled to bring any and all legal
and/or equitable its which it deems to be in best
interestCounty, Florida, in order to enforce the City's
in Dade
rig hts and remedies against the defaulting party. The shall
City
be entitled
to recover all costs of such actions including a
fee. To the extent allowed by law, the
reasonable attorney' s
defaulting party waives its right to jury trial and its right ht to
bring permissive counterclaims against the City in any such
action to the extent allowed by law.
(16) Notices and
demands: All notices, demands, correspondence and
communications between the City and Owner shall be deemed
sufficiently given iven under the terms of this Agreement if
dispatched byregistered or certified mail, postage prepaid,
return receipt requested, addressed as follows:
If to the City: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Manager
- 4 -
with a copy to: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention:: Economic and Community Deve l. Dir.
If to the Owner:
Miami Beach, Florida 331
to the attention of such other person as
or to such address and i or the Owner may from time to time designate nate by written
the City
notice to the others.
willterminate upon disbursement of the final
(17) This Agreement p 6 above, and the
Grant, as set forth in Paragraph
amount of the discharged from any and all
Citywill then be automatically , g Owner, or
liabilities and commitments hereunder to
obligations,
but Owner shall continue to be bound
any other person or entity
Note and Mortgage until the terms thereof are satisfied.
by the g
of One Dollar
Owner for consideration ($1. 00) and other good,
receipt separate and distinct consideration, of which
valuable, p
is herebyagrees to save and hold harmless,
hereby acknowledged, g ,
indemnifythe City, its officers and employees from
and protect
any and all obligations, liabilities, commitments, actions,
claims, causesaccruing b
of action, suits or demand arising or accr g y
virtue of this Agreement.
City caused this Agreement to
and the have
IN WITNESS WHEREOF, Owner
be duly executed the day and year first above written.
OWNER
WITNESS:
CITY OF MIAMI BEACH
BY:
MAYOR
ATTEST:
CITY CLERK
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•
CITY OF MIAMI REACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 44,0S- Z,
TO: Mayor Seymour Gelber and DATE: July 22 , 1992
Members of the City Commission
FROM: Roger M. Cay
City Manager l ' �L
SUBJECT: REVISION OF THE GUIDELINES FOR THE CITY'S SINGLE-FAMILY
REHABILITATION PROGRAM
Administration Recommendation:
To adopt the attached Resolution which approves the revised
guidelines for the Single-Family Rehabilitation Program.
Background:
On April 10, 1991, the City Commission approved the Guidelines
for the CDBG funded Single-Family Rehabilitation Program. The
Economic and Community Development Department developed the
program to provide grants to low and moderate income owners of
properties located in Normandy Isle and North Shore.
Since this program was initiated by the Economic and Community
Development Department, the following has been accomplished:
three (3) single-family homes have been rehabilitated, two (2)
applicants have received a commitment for funding, and the
staff is in the process of evaluating the needs of another 35
potential applicants.
After the U. S. Department of Housing and Urban Development
(HUD) announced the availability of funds under the new HOME
Investment Partnership Program, the City Commission on March
18, 1992 adopted a HOME Program Description. The submission of
the HOME application, which included rehabilitation assistance
to existing homeowners, was also approved.
HUD has now approved the Program Description submitted by the
City. There is, however, a need to revise the Guidelines in
order to incorporate the new funding and requirements under
the HOME Program. In addition, minor revisions have been made
to the Loan Review Committee (LRC) section of the guidelines,
including the appointment of the City's Finance Director to
fill the committee position previously designated for the
Economic and Community Development Director. The LRC is the
five member City-appointed body responsible for the review and
approval of applications.
AGENDA -77b'
ITEM
DATE J
COMMISSION MEMO
JULY 22 , 1992
PAGE 2
Analysis:
In April of this year, the Department of Economic and
Community Development, in anticipation of the funding to be
received under the HOME Program, mailed approximately 180
letters to residents in the 1200 - 1600 blocks of Bay Drive,
Biarritz Drive and 71st Street. As a response to our
initiative, 35 homeowners from these blocks have requested
assistance.
Conclusion:
Revising the Single-Family Rehabilitation Guidelines to
incorporate the regulatory requirements of the HOME program
will enable the City to address the requests for
rehabilitation assistance received from the North Shore
homeowners. Therefore, the Administration has revised these
Guidelines to incorporate the necessary changes to accommodate
the HOME program. This effort from the City will aid in
reversing the decline in the North Shore neighborhoods.
RMC/hsm
UK I G I NAL
RESOLUTION NO. 92-20557
ing and adopting the revised
guidelines for the single-family
ri,labilitation program and authorizing
_... he Mayor and the City Clerk to execute
grant agreements and other documents
relating to the program.