Loading...
94-21173 RESO Incomplete RESOLUTION NUMBER 94-21173 A RESOLUTION OF THE MAYOR AND CITY COMMISSION APPROVING AND AUTHORIZING SETTLEMENT OF A DEFAULT UNDER THE SUBSIDY AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ESPLANADE ASSOCIATES, LTD., AND SOUTHEAST PROPERTIES GROUP, INC. AS GENERAL PARTNER, DATED OCTOBER 25, 1988, COVERING THE PROPERTY AT 1569-1575 MICHIGAN AVENUE & 934 16TH STREET, KNOWN AS THE ESPLANADE APARTMENTS, SUCH SETTLEMENT IN THE AMOUNT OF $18,083.10; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE ATTACHED RELEASE AND SATISFACTION OF THE SUBSIDY AGREEMENT, TO BE HELD BY THE CITY ATTORNEY'S OFFICE UNTIL RECEIPT OF THE $18,083.10 SETTLEMENT AMOUNT, WHICH SHALL BE DUE AND PAYABLE ON OR BEFORE AUGUST 1, 1994. WHEREAS, the City, through Development Division, administers affordable housing programs; and the Housing and Community various Federally funded WHEREAS, the Multi-family Rehabilitation programs provide the financial assistance necessary to undertake rehabilitation of buildings in order to provide decent, safe and sanitary affordable rental housing for low- and moderate income individuals; and WHEREAS, the funding for these programs comes from the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, on October 25, 1988, the City of Miami Beach entered into a Subsidy Agreement (the Agreement) with Esplanade Associates, Ltd., a Florida Limited Partnership (Owner), and with the lender, Pan American Mortgage Corporation, in the amount of $61,947 for rehabilitation of the property at 1569-1575 Michigan Avenue and 934 16th Street, also known as the Esplanade Apartments (the Property) ; and WHEREAS, the City, through the Federally funded Multi-Family Rental Rehabilitation Program (RRP) , provided funds to rehabilitate the Property; and WHEREAS, under the Rental Rehabilitation Program (RRP) statutes and regulations, a voluntary or involuntary declaration of bankruptcy is an event of default under the Agreement, and shall result in repayment of all or a portion of the original subsidy; and WHEREAS, the Owner voluntarily filed for a declaration under the Federal Bankruptcy Act; and WHEREAS, the Federal regulations governing the repayment of subsidy funds provide that for projects containing less than 25 units, the amount of the original subsidy to be repaid must be prorated; and WHEREAS, the portion of the Property assisted by the Rental Rehabilitation Program (RRP) contains 12 units; therefore, pursuant to a settlement reached with the Owner, the prorated amount of $18,083.10 will be repaid to the City on or before August 1, 1994; and I I , i WHEREAS, the Owner has agreed to cure the default under the Agreement by repaying the funds to the City as required by the Federal regulations; and WHEREAS, upon receipt of the afore stated payment for the Property, in settlement of the default under the Agreement, the City will provide the attached Release to the Owner, evidencing satisfaction of the Owner's obligation under the Agreement; and WHEREAS, the attached Release shall only release the Owner as to the default under the Agreement, and shall not release the Owner, nor act as a bar to any of the City's rights or remedies therein, from any liability for payment to the City of other liens on the Property. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve and authorize settlement of a default under the Subsidy Agreement between the City and Esplanade Associates, Ltd., and Southeast Properties Group, Inc. as General Partner, dated October 25, 1988, covering the property at 1569-1575 Michigan Avenue and 934 16th Street, known as the Esplanade Apartments, such settlement in the amount of $18,083.10 and further authorizing the Mayor and City Clerk to execute the attached Release and Satisfaction of the Subsidy Agreement, to be held by the City Attorney's office until receipt of the $18,083.10 settlement amount, which shall be due and payable on or before August 1, 1994. PASSED AND ADOPTED THIS 1st June , 1994. ATTEST: ~~ A E-.~~~~ , CITY CLERK - fORM APPROVED LEGt,L DEPT. By Tvs:> r"2(-'~ Date RElEASE AND SATISFACTION OF SUBSIDY AGREEMENT The CITY OF MIAMI BEACH releases ESPLANADE ASSOCIATES, LTD, SOUTHEAST PROPERTIES GROUP, INC., as General PJrtner, and NCNB NATIONAL BANK OF FLORIDA, their successors and assigns frum any and all obligdtluns under the terms of that certain agreement captioned: "Subsidy Agreement", dated the 27th lid',' of January, 1987, dnd recorded on February 2,1987 in the Official Records of Dade County at O,R, 13167, Page 172, which instrument affects the following described real property: Esplanade Aparbnents, lots 9, 10, 11, and 12, Block 63, Lincoln Subdivision, according to the Plat thereof as recorded in Plat Book 9, Page 69, of the Public Records of Dade County, Florida. and satisfies any Jnd all obligations under the terms of such Subsidy Agreement only, Jnd does hereby direct the Clerk of the Circuit Court, Dade County, Florida to cJncel such instrument of record. IN WITNESS WHEREOF, this instrument has been executed on this _ day of ,1994. CITY OF MIAMI BEACH By: Seymour Gelber, Mayor 1700 Convention Center Drive Miami Beach, FL 33139 ATTEST: RICHARD BROWN, CITY CLERK STATE OF FLORIDA) SS) COUNTY OF DADE) I hereby certify that on this day before me, an officer duly qualified to take acknowledgements personally appeared SEYMOUR GELBER, as Mayor of the City of Miami Beach, who is personally known to me, Jnd did/did not take an oath. Witness my hand and official seal this _ day of ,1994. NOTARY PUBLIC, State of Florida Commission NO My Commission Expires: This instrument prepared by: Laurence Feingold, City Attorney 1700 Convention Center Drive Miami Beach, FL 33139 RIAdsk2\a :\esplande ,rei ~. LAW OFFICES OF SHAPIRO AND WElL SUITE: fSOe :~ ~:- (-. -: ' ~'}\.j C' ..... ,.-, - '" , I". 16e6 "9TH STREE.T CAUSE.W"" MIA)!I BEACH, FLORIDA 3314\ ;'c.\":' ;.,'~' .......:-::, r cf r.C_, 1\L.:....._.\. . (~05) ,ee.-238li TE:LE:COPIE:R (305) e85-8779 HERBERT S SI-4APlRO AI..50 ..EM.E- 0' Nt. "0'.... ...1lII May 11, 1994 ftoIlURR..V 8 WElL, JR A"'SO ...I[M.I[" 0' ....SS..CMuSITTS ...... JOH.... P F'ULLER 0" COUHSIll.. Ms. Shirley Taylor-Prakelt Division of Housing and Community Development City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 RE: Windsor Plaza Associates. ltd. Dear Ms. Taylor-Prakelt: As you know, the undersigned represents Windsor Plaza Associates, Ltd., the owner of the property at 1320 Drexel Avenue, wherein Mr. Robert Sherman is the General Partner. In regard to the property, Mr. Sherman proposes to repay to the City of Miami Beach, $143,061.00, which sum represents the full amount of the rental rehabilitation funds disbursed on this project. The repayment is for the release of the multi-unit residential rehabilitation loan agreement that has been filed in the Public Records of Dade County, Florida, which is dated March 13th, 1985 between the City of Miami Beach for itself and as agent for the United States Department of Housing and Urban Development, and Windsor Plaza Associates, Ltd. You have advised Mr. Sherman that approval is required from the City of Miami Beach Commission in regard to the foregoing. We request that you seek Commission approval forthwith. Also as discussed, the repayment will be made out of the initial sales of condominium units in the project. We don't expect that you would release the agreement prior to your full payment, however we plan to schedule enough closings together to repay the sum at one time. We expect to finalize the closings no later than July 15th, 1994. To properly arrange all the foregoing, we request that this matter be brought up, if possible, at the May 18th Commission Meeting. )0 Ms. Shirley T .lvlor-Prakelt May 11, 1994 Page Two Furthermore, as discussed, we would like to obtain an assignment of the interest of the City of Miami Beach as we intend to pursue collection of the unused portion of the rental rehabilitation funds; to wit, the sum of $43,367.72. These sums were never disbursed by International Savings and Loan, the authorized Lender fo~ the project. International Savings and Loan was taken over by the R.T.C., which had the subsidy account. As I understand it, under the rental rehabilitation subsidy program, if the project is in default, the balance of the unused funds are to be turned over to the City. Since our proposition is to pay the City in full, we would like an assignment of the City's interest in these funds. Thank you for your anticipated cooperation. Very truly yours, ,/ ,/ /;:/ V JOHN FULLER JF:rc Ene. f:\ WP5 t\ WORK\REAL _ EST\ W1NDSORUt 11 . " .... l:':'_ -~ ,:. -: -_ -: ::1 _E_ ESPLANADE ASSOC" LTD 1569-1575 MICHIGAN AVENUE rvnAMI BEACH, FLORIDA May 24, 994 City Of Miami Beach C/O Ms. Shirley Taylor-Prakelt 1700 Convention Center Drive Miami Beach, Florida RE: ESPLANADE APARTMENTS 1569-1575 MICHIGAN AVENUE 934 -16m STREET. MIAMI BEACH. FL. 900 -16TH STREET. MIAMI BEACH, FL. Dear Ms, Taylor-Prakelt: It WIS a pleasure meeting with you and Mr. Aguila at your offices today, This letter shaH confirm that the propenies referenced above will be released from the City of Miami Beach's Multi Family Rehab Subsidy Programs and all of the long term obligations, The following address will be released: RENTAL REHABD.JT A nON PROGJtAM: 1569-1575 Michigan Avenue. 934 16th Street, Miami Beach. The City of Miami Beach and the partnership have agreed that in consideration for the release on the property above, the partnership will pay and the City of Miami Beach will accept the partial repayment of the interest subsidy moneys in the amount of S 18,083.10, This would be the a remedy for the release of a long tenn obligation. This remedy is described in the regulations for projects with less than 25 units. and states that the entire amount of assistance, less TEN (10%) PERCENT of the subsidy amount will be deducted from the subsidy for each full year after the completion of the project. The balance of the subsidy funds after the project is in default will be repaid to the City of Miami Beach. It wu agreed that the project stan date will be the date the certificate of occupancy was received. And the default date is the dale the partnership filed for Bankruptcy, I have enclosed the letter from the Bankruptcy Courts which will establish the default date, 12 ~ Page 2 of2 ESPLANADE ASSOC, L ro, The calculation are 8S show below; Start Date: January I, 1987 Default Date: February 1, 1994 Subsidy Amount: S 61,974,00 Subsidy Per Year: (S 61,974,00 /10 years) S 6, 197,40 Subsidy Per Day: (S6,197.40/365 Days) S 16,98 Years & Days in Compliance: 7 years & 30 Days Years & Days in Non- Compliance: 2 years & 335 Days Total Amount of Subsidy to be repaid during Non-Compliance; S 18,083.10 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 900 16th STREET. MIAMI BEACH The agreement shall also include the relealle of both short and long tenn obligation of the CaOG ponion of the subsidy agreement which the City of Miami Beach also disbursed funds on the address propeny shown above and the partnership agrees to repay the monies outstanding on or before August I. 1994. I am happy that we have been able to resolve the repayment and the release of the subsidy agreement today. I look forward to the city commission meeting on June 1. 1994 at which time we should receive final approval on this property. Sinc~ ., t' ---I &-." .. -_..,--- /~~'-C' - - _. -.---------- Robert ShenTWl for Esplanade Assoc" Ltd. cc: Mr. Raul Aguila. Esq. City Attorney Office Via Fax (305) 673-7002 13 CITY OF MIAMI BEACH MEMORANDUM FROM: May 26, 1994 Roger M. Carlton, City Manager ~~ Shirley Taylor-Prakelt, Director~) Housing & Community Development Division DATE: TO: STJBJECT: Your Questions Concerning the Settlement on the Windsor Plaza and Esplanade Multi-family Rehabilitation Projects - Agenda Item C-4-B At the request of Harry Mavrogenes, Assistant City Manager I am submitting the following information to address your questions regarding the Agenda items on above subject: 1) "Are the buildings vacant or will this lead to displacement of tenants?" - The Windsor Plaza has been vacant for several months. The Esplanade Project contains l2 units of which 6 are currently occupied. The City's action in satisfying the default does not affect the tenants. According to the owner's representative, Bob Sherman, they anticipate initiating the process to refinance the property for condominium conversion in August, 1994. The time- frames and the procedures for tenant notification are included in the attached FAX transmittal from Robert Sherman. State statutes govern the rights of the tenants during condominium conversions. 2) liDo the owners owe the City other money - liens, fees, etc.?" - Yes, there are existing code enforcement liens/fire violation fines in the approximate amount of $112,000 on the Windsor Plaza. Mr. Sherman is appealing the amount at the Special Master Hearing set for June 9, 1994. Raul Aguila from the City Attorney's office is working on this matter with Bob Sherman and there has been full disclosure. Mr. Sherman is aware that the amount determined by the Special Master must be paid to the City. Per Raul Aguila, the code enforcement/fire liens are separate from the requirements of the City's subsidy. (They are separate liens against the property.) It is my understanding that only the Special Master can determine the amount of the code lien at this point. Once the Ci ty receives payment in full for the Multi - family Rehabilitation Program subsidy, all statutory requirements of the Program have been met. Therefore, the release and satisfaction of the Subsidy Agreement can be executed. 11 Further, Raul advises that this action does not release the owner from any liability for payment to the City of code enforcement liens, fire code violation fines, license fees or other liens on the property; these liens remain outstanding on the property. Therefore, they shall remain as a "cloud" on the title of the subject property until such time as they are satisfied. 3) "Can we assess administration fees ?" - No, this is a recovery of funds from a default position and is in essence a settlement out of court. Federal regulations do not permit the funds to be used for such purpose. 4) "ls there a prepayment clause/penalty?" No, Federal regulations prescribe the formula to be followed for repayment to the City in case of noncompliance. STP : j m cc: Harry S. Mavrogenes, Assistant city Manager l~ rJ ), l r~ I 11 -, L_ l f : rJ j . J:J'J:J 'J.)r~ d.1t:L f-c.GE r~: Facsimile Cover Sheet To: Ms. Shirley Taylor-Prakelt Company: City of Miami Beach Phone: 673-7260 Fax: 673-7772 From: Mr. Robert Sherman Company: Sherman properties, Inc. Phone: 531-5315 Fax: 531~2180 Date: OS/28/94 Pages Including this cover page: 4 Comments: eelr Shlrtey, As per our convenseUon this momlnO. plea. ftnd enclosed a d...ft of the letter which needs to be sent to ell of tne tenantS at any property that Intends to convert to a condOminium. 11\15 letter needS to be sent certlfted mill Ind notice must be retumed by certlfted mall In order for the letter to be enforced. Pf10r to this lett<< being 18ft we must ftnt refinance t.... property and recIIve the consent of the lendee'to convert the property as well as tOe other stepl nac:esury to ftn.IIJe the detllls of the trI,.aIon. It Ia not antlclPMed thlll the flrst step will tlk' place before August of 1 * on the 12 unit bultdlng. wIh the actual convnon letter not being sent out until september 1814. The,. currently exists today only slx of the tenants occupying the 12 unit building with remaining units being vlCllnt. The 30 unit bulldlno 18 full and the conversion of seme would not be converted III ttlls time. If the,.. should be eny other questIOn. pie.. feel free to cell upon me. Robert Shennan 16 ,- ......' Jr '. t'l_Jt_,,- j f) JI l (j) L :l 1L 1 . "J! I j _, J __J ~' _J ESPLANADE ASSOCIATES, LTD. 1301 Dade Boulevard Suite 103 Mlaml Beach, FL 33139 Telephone: (305) 531-5315 Fax: (305) 531-2180 Dear Tenant: RE: . Apartme"t #- Miami Beach, FL JJ1J9 These apartment.s art beillg comltrted to condominium by Esplmwde Associates. Lid., a Florida LImited Part~rship. lhe developer. J. YOU MAY REMAIN AS A RESIDENT UN11L mE EXPIRA TION OF YOUR RENTAL AGREEMENT. FURTHER. YOU MAY EXTEND YOUR RENTAL AGREEMENT AS FOllOWS: a. If you have contmuously been a resilknt of these apartmenl.J .rl,,, ,he last 180 days mid your rental agreement npi"s during 1M IleXt 270 days. you may extend your "n/Q/ agreemellt JOt' up to 270 days after the datI of this notice. b. If you have not betn a continuous reslcknl of these apartments for the laYt 180 days, and your ""wl agreemlnl npiru during the IIat 180 days, you may e:ttend your rental agr'IIment Jor up to J 80 days after tM day of this notice. c. IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGRUMENT. YOU MUST GIVE 11lE DEYELOPER WRllTEN N017CE W117fIN 45 DA YS AFTER mE DATE OF 11lIS NOnCE. 2. IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS: YOII may e%lend your "ntal agreement for up to 43 days after the da~ of this IIOI;ce while )'Of' decide whether to extend)'Oll' rental agreement Q.f explained above. To do so, )10" "",st "otify thI tkveloper I" writlltg. fOIl will the" have lhe full 43 Jays to declM wMther to extend your renlDl agrteIM," aY explained ahow. 1'1 3, During the extension of your rclltal agreement you will still be charged the same rent that you are "OW payi"g. 4. YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION OF WE RENTAL AGREEMENT AS FOllOWS: a, If your rental agreement began or waY extended or renewed after May 1. J 980 and yovr rental agreement, tncluding extensiorlS and renewals has all unexpired term 0/180 day.s or le.s.s. you may c:ancel your renlal agreement upoll 30 days' written notice aid mow. Also. upon 30 days' written notta you may callCel any atemion of tM rental agrtemellt. b. If your rental agreement 11M not begun or waY not ate,..d 01' renewed after May I, 1980, yov may not cancel the rental agreement without the con.wnJ 0/ the developer. If yout relltal agreement, including exlellsiolls aid renewals. 11M CUI urJexpired lerm oj 1 BO days Of' less, you may. however. upon 30 days' written nol;ce cancel any extension of lhe rlmlal agreemen/. 5. All notices must M giW" in writing and Jent by mail. retum receipt requested. or de/lwred in person to the ikve/oper at this addres:f: 1301 Dade Boulevard. Suit, 103. MiamI, Beach, FL 33139. 6. If you haw cor.tinuously been a ,.,si",,,t of the. apartments during 1M last IBO days: a. You haw the right to purcha.w your apartmenl and will haW 45 days (after mailing or dlliwry of purchcue information 10 p) 10 dectde whether to purchcue. If you do not buy the .nit at that price and lhe wlit is IDler offered at a lowr price, you will htm the opportunity 10 buy 1M unit at 1M lower price. However. In all ewnts )'011' right to purchase lhe unit endt wMn the rent/JI agreement or any at'lLfiOfI of the r,ntalagreement ends. or when you waiw Ihis righl In wrlt"rg. b, Within 90 days you will be prot'ided purcllMe informallOl' relating 10 your apa1'f1Mnt. illcluding tM price of your unit and lhe condition of lhe bNIldJng. If you do not rec:eiw this ilffomtation within 90 day&. your rental agreemen, and any m.JUJon will be exterdd I Jay for ,ach day ow, 90 days until you an glwn the purclrasl i1Jj'ormI1Iion. If you do 110' want this rental agre'mlnt allMon, you must notifY the developer ill writlllg. It-\ U__-,' "- '.' L L 7. If you have airy question regarding this corrversiOl' or 1M Co"domil,ium Act, you may contact the developer. Esplanade Associates, Ltd., a Florida Umiled Partlfership, at (30$) $31-5315 Of' you may contact,hI sta" agency which regulates condominiums: The Division of Florida Land Sales and Condominiums, The Johns Building, 715 South Brorrough Street, Tallahassee, Florida 32301; Telephol,e Number (904) 478-0744. Very truly your5, ESPLANADE ASSOCIATES, LID. A Florida Limited Partnership By Robert Sherman, Ge"eral partntr and SOUTHEAST PROPER17ES, GROUP, INC., Q Florida CorporaI/o" General partner RS/mp shermalaltenanl3.esp l~