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RESOLUTION 93-20798 RESOLUTION NUMBER 93-20798 A RESOLUTION OF THE MAYOR AND CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FUNDING APPROVAL AND HOME INVESTMENT PARTNERSHIP AGREEMENT FOR FISCAL YEAR 1993 HOME FUNDS IN THE AMOUNT OF ONE MILLION TWO HUNDRED NINE THOUSAND ($1,209,000) FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND TO APPROPRIATE SUCH FUNDS WHEN RECEIVED. WHEREAS, the City received notification from the U.S. Department of Housing and Urban Development (HUD) that as a participating jurisdiction, Miami Beach is entitled to receive its second round of funding in the amount of One Million Two Hundred Nine Thousand dollars ($1, 209 , 000) through the HOME Investment Partnership Program; and WHEREAS, the HOME Program is designed to expand the supply of decent and affordable housing and encourages partnerships with the private sector and non-profit housing providers; and WHEREAS, in accordance with the regulations, the City has a previously developed and approved Program Description for the HOME Program, which includes the required set-asides for rental housing and for Community Housing Development Organizations (CHDOs) ; and WHEREAS, the Program Description was re-submitted to HUD in order to receive the fiscal year 1993 HOME allocation; and WHEREAS, the City Commission deems it to be in the best interests of the residents and citizens of the City to execute the Funding Approval and HOME Investment Partnership Agreement to increase the City's previous HOME allocation by One Million. Two Hundred Nine Thousand ($1, 209 , 000) . 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 adopt this Resolution authorizing the City Manager to execute the Funding Approval and HOME Investment Partnership Agreement for fiscal year 1993 HOME Funds in the amount of One Million Two Hundred Nine Thousand ($1, 209 , 000) from the U. S. Department of Housing and Urban Development and to appropriate such funds when received. PASSED AND ADOPTED THIS k DAY OF VW A , 1993. 111 1 RMC/AA/cmc MAYOR ATTEST: ' rk f \( FORM APPROVED LEDEPT. CITY CLERK 6y Date - I 2` �3 0t4,. U. S. Department of Housing and Urban Development QT yU I�r *I I* 'z: Jacksonville Office, Region IV 4' 301 West Bay Street, Suite 2200 111111 �' Jacksonville, Florida 32202-5121 4 . 6CMA is ikr 4.3 Mr. Mr. Roger Carlton City Manager City Hall < Miami Beach, FL 33139 Dear Mr. Carlton: SUBJECT: Home Investment Partnership Program Grant No. M-93-MC-12-0212 City of Miami Beach, Florida I am pleased to inform you that your HOME Program Description has been approved and to transmit to you the Fiscal Year 1993 HOME Investment Partnership Agreement in the amount of $1, 209,000 . The Partnership funds will allow the City of Miami Beach to undertake affordable rental and homeownership housing activities . Enclosed is the Funding Approval and HOME Investment Partnership Agreement (three copies of HUD-40093) , which constitutes the contract between the Department of Housing and Urban Development and the City of Miami Beach. Failure to execute and return two copies of the Partnership Agreement within 60 days of the transmittal date may be deemed to constitute rejection of the funds and cause for HUD to determine that the funds are available for reallocation to other participating jurisdictions. You should note particularly that all funds must be committed within 24 months and expended within five years. The payment of funds under this program is by electronic funds transfer through the HOME Cash and Management Information (C/MI) System, which is a part of the HUD Line of Credit Control System (LOCOS) . If there is a need to delete or add individuals authorized to access the C/MI System, a LOCCS Voice Response Access Authorization form (HUD-27054 , dated 8/92 ) must be prepared in accordance with the instructions which accompany the form. Also, if there is a need to change the depository account to which your HOME funds will be sent, a new Direct Deposit Sign-up form (SF- 1199A) must be completed by you and your financial institution. Additional information on completing both forms (HUD-27054 and SF- 1199A) is contained in Notice CPD 92-18, Cash and Management Information (C/MI ) System for the HOME Program, which was previously sent to the jurisdiction. Upon receipt of two copies of the Partnership Agreement (HUD-40093) executed by the jurisdiction, HUD will transmit to you the assigned Voice Response Participant Number and authorize you to access your HOME Investment Trust Fund Account in the United States Treasury. 2 You are reminded that HOME activities are subject to the provisions of the Environmental Review Procedures for the HOME 92 .352 and 24 CFR Part 58) . Funds for certain Program (24 CFR activities may not be obligated or expended unless a release of pp funds has been approved in writing by HUD. A request for release of funds must be sent to our Regional Office in Atlanta, ' environmental certification. Requests should be accompanied by an sent to HUD CPD Program Support Division, Richard B. Russell Federal Building, 75 Spring Street, SW, Atlanta, Georgia 30303-3388 . We look forward to the continuation of our constructive working relationshipin the initiation and implementation of the City of Miami Beach's Fiscal Year 1993 HOME Program and the deliveryof this resource for addressing the housing needs of your comm unit . Ifyou or your staff have any questions or desire assistance in connection with this letter or other items relating to the HOME Program, please contact Linda Dresdner, HOME Program Coordinator, at ( 904 ) 232-1202 . Very sincerely yours, C.--‘24116 im Chaplin anager, 4 . 6S Enclosure FundingApproval U.S.Department of Housing and Urban Development and HOME Investment office of Community Planning Partnership Agreement and Development Title II of the National Affordable Housing Act • OMB Approval No.2501-0013(Exp.6/30/94) Public reporting burden for this collection of information is estimated to average 1.0 hour per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding this burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Reports Management Officer,Office of Information Policies and Systems,U.S.Department of Housing and Urban Development,Washington,D.C.20410-3600 and to the Office of Management and Budget,Paperwork Reduction Project(2501-0013),Washington,D.C.20503. Do not send this completed form to either of these addressees. 1.Participant Name&Address: i2. Participant Number: M-93-MC-12-0212 Cityof Miami Beach, Florida 3.Tax Identification Number: 1700 Convention Center Drive Miami Beach, FL 33139 59-6000372 4a. HUD Geographic Locator Code No: 5. Appropriation Number: 6.Funding Approval Number: 7.FY: b. County Code: 1974/025 0205 2 1993 8. Previous Obligation $ -0- a. Regular Funds 0 b. Community Housing Development Organization Reallocation —Q— s. Current Transaction $ 1,209, 000 a Regular Funds 0 b. Community Housing Development Organization Reallocation —0— 10. Revised Obligation $ 1,209,000 a Regular Funds —0— b. Community Housing Development Organization Reallocation —0— 11.Special Conditions(check applicable box) [�a.Not applicable 12.Congressional Release Date: b.Attached APR 2 3 1993 This agreement between the Department of Housing and Urban Development (HUD)and City of Miami Beach, Florida (the Participating Jurisdiction/Entity)is made pursuant to the authority of the Home Investment Partnerships Act(42 U.S.C. 12701 et seq.). The Participating Jurisdiction's/Entity's approved Program Description/Application and the HUD regulations at 24 CFR Part 92(as now in effect and as may be amended from time to time)and this Home Investment Partnership Agreement,form HUD-40093, including any special conditions, constitute part of this agreement. Subject to the provisions of this agreement, HUD will make the funds for the Fiscal Year specified,available to the Participating Jurisdiction/Entity upon execution of this agreement by the parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this agreement upon execution of an amendment by HUD,without the Participating Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this agreement is subject tothe Participating Jurisdiction's/Entity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Part 92,HUD may,by its execution of an amendment,deobligate funds previously awarded to the Participating Jurisdiction/ Entity without the Participating Jurisdiction's/Entity's execution of the amendment or other consent. The Participating Jurisdiction/Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility for environmental review,decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58. For the U.S.Department of Housing and Urban Development(Name and Title) Signature Date MAY 17 j993 Jim Chaplin, Manager, 4 .6S . For Participating Jurisdiction/Entity(Name and Title of Authorized Offlaal) Si tura Date Roger M. Carlton, City Manager —41/(A(16L4=== 5-21-93 -X i.....r. 1-11 I n_Anne 7 I A/C]'] HUD-40093 - Funding Approval 11 . Special Conditions • with the environmental review The recipient shall comply process as outlined at 24 CFR 92.352 and receive written • of the release of funds before notification from HUD expending any funds provided under this or obligating Agreement. . • U.S.Department of Housing Fuidii1g Approval *rid.Urban Development --ir Office of Community Planningand HOME InvestmentDevelopment Agreement royal No.2501-0013(Exp.6/30x93) partnershipOMB App Title U of the National Affordable Housing Act a including the time for reviewing instructions,searching Tt g for this collection of information is estimated to average 1.0 hour padres pooilecti in loding t e him Send comments regarding this burden Public reporting burden o the Reports Management Office r,Officeaof Information existinggathering and maintaining the data needed,and completing and his burden,to estimate dataotanource , suggestions f reducing . aspect of this collection of information,including g9 D.C.24410-3600 and to the Office of Management and Budget,Paperwo ric estimate and any other Washington, s stems,U.S.Department of Housing and Urban Development,t completed form to either of these addressees. PoliciesY Reduction P •'est(2501-0013),W8Shin�ton,D.C.20503. Do not send Participant Number 1.Participant Name and Address _ _ -i CityBeach, Florida " " of Miami K. Tax Identification Number 1700 Convention Center Drive 59-60000372 Miami Beach, FL 33139 Fundingvol Number .FY:Appropriation Number •. Apt 4. a.HUD Geographic Locator Code No: 114941�9 3 b.County Code: 1974/025 0205 ? B.Previous Obligation 1 ,B46,000_ at. Rental fiousing Production Set-Aside -e- b.regular Funds —0— c. 0_c. Community Housing Development Organization Reallocation —0— 9. Current Transaction 1,209,000 - a. Rental Housing Production Set-Aside 114941• Regular Funds —0— .. 0— c. Community Housing Development Organization Reallocation —1)— 10. Revised Obligation 3,055,000 a. Rental Housing Production Set-Aside. —n— b. Regular Funds —0— c. Community Housing Development Organization Reallocation -n- .. box) ` ‘,1 11�Special Conditions(check applicable a.Not applicable I I b.Attached artment of Housing and UrbanDevelopment(HUD)and _ Carty-of Miami.; Investm4 This agreement between the Dep made pursuant to the authority of the Home Florida (the Participating JurisdictioNEntity)isD . nand the HUD regulations at 24 C t seq.). The Participating Jurisdiction's/Entity's approved Program Description/Application ss Partnerships Act(42 U.S.C.12701 a q) form HUD-40093,including any Pe Part 92(as now in effect and as may be amended from time to time)and this Home Investment Partnership AgreementFiscal Years specified,available to part of this agreement Subject to the provisions of this agreement,HUD will make the funds for theby pf formula reallocation cond'ibons,constitute g • uponexecution of this agreement by the parties. All funds for the specified Fiscal Year provided by HUD Participating Junsd+ciioNEnbty HU covered by this agreement upon execution ution of an amendment by HUD,without the Participating Jurisdiction's execution of the amendment or other consent. payment of funds under this agreementsubject is sub' c to the Participating Jurisdlction's/Entity's compliance with HUD's electronic funds transfer and information report procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Part 92,HUD may,by its execution of an amen mi the Participating Jurisdction/Entity without the Participating Jurisdiction's/Entity's execution of the amendment or 01 deobligate funds previously awarded to Pa n9 when the housingno Ion Jurisdiction/Entity agrees that funds invested in affordable housing under.24 CFR Part 92 are repayable consent. The Participating shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responslti qualifies as affordable housing. Repayment � re for environmental review,decision making,and actions,as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58. or ttie U.S.Department of Housing and Urban velopment(Name and Tale) Signature at. _______ . P• — C.4;74fL._.., 4../7..f, Jim Chaplin, MamagP r, 4.6S For ParticipatingJurisdic ion/End (Name and Title of Authonzed�D mal) . • -lure bate 7 `X form HOD-40093(1; HUD-40093 - Fundin• A• •roval 11. Special Conditions Thethe environmental review shall comply with written pro recipient 24 CFR 92 . 352 and receive process as outlined ate o f funds before p from HUD of the release under this n obligati g or expending any funds provided Agreement. . U.S.Department of HousingeiSt n Approval Fund, gand-Urban Development Office of Community Planning a��d HOME Investment _and Development A reementrove,No.21-0013(Exp.6/30/ 3)PartnershiP OMB App Title II of the National Affordable Housing Act a indudin the time for reviewing instructions,searching r respons for this collection of information is estimated to average 1.0 von �e collection of information.Send comments regarding this burden Public reporting burdenon.S gementment r.Offoeof Informrde • gatheringand maintaining the data needed,and completing and re cin his burden,to the Reports existing data sources, suggestions for reducing• eraspect of this collection of information,including Qg hin ton,D.C.24410-3600 and to the Off ice of Management and Budget,Paperwork estimate and any ReductionPolicies Systems.U.S.Department of Housing and Urban Development.Washington, aom feted form to either of these addressees. • act 2501-0013),Washington,D.C.20503. Do not send this PParticipant Number P ( 1.Participant Name and Address City of Miami Beach, FloridaK T.x Identification Number 1700 Convention Center Drive 59-60000372 Miami Beach, FL 33139 FundingApproval Number .FY:for Code No: t5. Appropriation Number •. 4. a.HUD Geographic Lova l 9 9� b.County Code: 1974/025 i 0205 2 B.Previous Obligation $ 1,R46,n_013 a. iiental+iousing Prader Set-Aside -O- b.4RegutarFUTMds -0- c. Community Housing Development Organization Reallocation -0- 9. Current Transaction $ 1,2_09,000 a. Rental Housing Production Set-Aside -0- . 0- b. Regular Funds -0- c. Community Housing Development Organization Reallocation - - 10. Revised Obligation • 3,055,000 a. Rental Housing Production Set-Aside. -n- b. Regular Funds —0— c. Community Housing Development Organization Reallocation, _0— .. • applicable box) a.Not applicable I1 b.Attached [ X i 11�SpaGaal Cond�t,ons(check This agreement between the Department of Housing and Urban Development(HUD)and _ r' f-tz --p. .__ Beach p Florida (the Participating Jurisdiction'Enttty)is made pursuant to the authority of the home lnvestrn Juritdiction't/Entity':approved Program Description/Application and the HUD regulations at 24 Cl Partnerships Act(42 U.S.C.12701 et seq.). The Participatingreement,form HUD-40093,including any spec Part 92(as now in effect and as may be amended from time to time)and this Home Investment Partnership Agreement condbons,constitute partD the Fiscal Years specified,available to t of this agreement Subject to the provisions of this agreement,HUD will make the funds for Participating JunsdctionJEndty upon execution ofg this agreement by the parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation i this amendment HUD,without the Participating Jurisdiction's execution of the amendment or other consent. HUI covered by agreement upon execution of an • ,�• ion'sJEn' 't oo fiance with HUD's electronic funds transfer and information report payment of funds under this agreement is subject to the Participating Junsdct � .� CFR Part 92,HUD may,by its execution of an arnendrn� procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 of the amendment or ot funds previouslyawarded to the Participating Junscidion/Entity without the Participating Jurisdiction's/Entity's executionr9 deobligate • • agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing Io consent. The Participating Jurisdiction/Entity fl qualifies as affordable ho housing.in Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsib payor for environmental review,decision making,and actions,as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58. r nt of House and Urban velopment(Name and Title) Signature Date • tfie �artme n, Jim Cha lin, Mara rr, 4.65 ,X ' ' -- For •fsarf�d �ti urissdi o ntity( erne andTide of Authorize tf�ial) Si. axe --a-jr--frlj* --- bSte Pa r►0 X , form HUD-40093(12 A , HUD-40093 - Funding Approval 11. Special Conditions The recipient shallcomply com 1 with the environmental review outlined at 24 CFR 92.352 and receive written process as notification from HUD of the release of funds before obligating or expending any funds provided under this Agreement. CITY OF MIAMI 8EACH 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. (411 13 TO: Mayor Seymour Gelber and DATE: May 19 , 1993 Members of the City Commission FROM: Roger M. Carlton City Manager SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FUNDING APPROVAL AND HOME INVESTMENT PARTNERSHIP AGREEMENT FOR FISCAL YEAR 1993 HOME FUNDS IN THE AMOUNT OF ONE MILLION TWO HUNDRED NINE THOUSAND ($1,209,000) FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND TO APPROPRIATE SUCH FUNDS WHEN RECEIVED. ADMINISTRATION RECOMMENDATION: The Administration recommends adoption of the attached Resolution authorizing the City Manager to execute the Funding Approval and HOME Investment Partnership Agreement for fiscal year 1993 HOME Funds in the amount of One Million Two Hundred Nine Thousand ($1, 209, 000) from the U.S. Department of Housing and Urban Development and to appropriate such funds when received. BACKGROUND: Last year, the City received notification from the U.S. Department of Housing and Urban Development (HUD) that Miami Beach had been designated as a Participating Jurisdiction to receive $1,846, 000 in funding through the new HOME Program. The HOME Program is designed to expand the supply of decent and affordable housing nationally. The Program encourages partnerships with the private sector and non-profit housing providers. The City of Miami Beach, under the HOME Program has been designated as a community eligible for New Construction. This allows the City to work with private developers to create affordable, rental or home-ownership opportunities, such as new town houses on infill lots. Because the program allows mixed income projects, it is possible for a single project to include affordable units along with market rate units. The Program also requires a fifteen (15%) set-aside for the City's designated Community Housing Development Organization (CHDO) , the Miami Beach Development Corporation. On April 8, 1993, the City Commission set aside from the $1, 846, 000 the following fund reservations: 1. $270, 000 for the Miami Beach Development Corporation, the City's designated CHDO. AGENDA ITEM - _ DATE 5- 19- q3 COMMISSION MEMO MAY 19, 1993 PAGE 2 2 . $380, 000 for a Joint Venture Affordable Homeownership Program in conjunction with the Miami Beach Housing Authority. The balance of these funds will be distributed through a Notice of Funding Availability (NOFA) process. A NOFA was published in the Miami Herald on May 7, 1993 , announcing that the City is accepting applications for loans or grants for affordable ownership or rental housing development under the HOME Program on the balance of these funds. ANALYSIS: The City was notified by the U.S. Department of Housing and Urban Development that as a Participating Jurisdiction Miami Beach is entitled to receive an additional $1,209, 000 in the second round of funding for fiscal year 1993. This new entitlement allocation is based on the nationwide formula for distributing the HOME dollars under the newly adopted appropriations bill. Therefore, the City re-submitted the HOME Program Description to HUD in order to receive the fiscal year 1993 HOME allocation. CONCLUSION: The City has received the official Funding Approval and HOME Investment Partnership Agreement which must be executed by the City Manager in order for U.S. HUD to release the City's entitlement allocation. Therefore, adoption of the attached Resolution will authorize the City Manager to execute such agreement, and appropriate funds in the amount of $1,209, 000 for the purposes described above. RMC/STP/cmc Attachments 38 Authorizing the City Manager to execute the funding approval and Home Investment Partnership agreement for fiscal year • 1993 Home Funds in the amount of One Million Two Hundred Nine Thousand ($1,209,000) from the U.S. Dapartment of Housing and Urban Development (HUD) and to appropriate such funds when received. immigAmi