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2001-24453 RESO RESOLUTION NO. 2001-24453 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE ATTACHED HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM AGREEMENT WITH THE MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION (MBCDC) PROVIDING $328,987 OF PREVIOUSLY COMMITTED FISCAL YEAR 2000/01 HOME PROGRAM FUNDS FOR THE ACQUISITION AND REHABILITATION OF AN APARTMENT BUILDING LOCATED AT 532 MICHIGAN AVENUE, MIAMI BEACH, TO PROVIDE AN ESTIMATED EIGHTEEN (18) RENTAL UNITS FOR INCOME-ELIGIBLE ELDER TENANTS IN ACCORDANCE WITH THE HOME PROGRAM REQUIREMENTS; FURTHER, APPROVING A ONE-TIME ONLY ASSIGNMENT OF THIS AGREEMENT TO MBCDC: 532 MICHIGAN AVENUE, LLC., A NOT-FOR-PROFIT ENTITY TO BE CREATED BY MBCDC AS A SUCCESSOR IN INTEREST IN TITLE TO THE PROPERTY LOCATED AT 532 MICHIGAN AVENUE, AND UNDER THIS AGREEMENT. WHEREAS, on February 18, 1992, the City was designated by the U.S. Department of Housing and Urban Development (HUD) as a Participating Jurisdiction to receive funds through the HOME Investment Partnerships (HOME) Program under 24 CFR 92; and WHEREAS, the City has established a HOME Investment Partnerships Program (HOME Program) under the rules of the U.S. Department of Housing and Urban Development (U.s. HUD), which provides financial assistance for the purpose of providing affordable housing within the City; and WHEREAS, on April 8, I 993, the Mayor and City Commission, approved Resolution No. 93-20756, designating Miami Beach Community Development Corporation (MBCDC) as a qualified Community Housing Development Organization (CHDO) under the HOME Program; and WHEREAS, in accordance with the HOME Program regulations, the City must reserve a minimum of fifteen (15) percent of each fiscal year's HOME allocation for a CHDO set-aside for investment in housing to be developed, sponsored or owned by a designated CHDO; and WHEREAS, on July 12,2000, the City adopted Resolution No. 2000-23997, which adopted the One-Year Action Plan for Federal Funds and allocated $800,000 HOME Program funds to MBCDC for eligible CHDO projects; and WHEREAS, MBCDC has submitted a request to the City to utilize $328,987 of the previously allocated fiscal year 2000/01 CHDO funds towards the acquisition and rehabilitation of the apartment building located at 532 Michigan Avenue, Miami Beach, to provide an estimated eighteen (18) rental units for income-eligible elder tenants under the requirements of the HOME Program; and WHEREAS, on May 18, 2001, the City's Loan Review Committee recommended that the City Commission approve a request from MBCDC for $328,987 of HOME Program funds for the acquisition and rehabilitation of the apartment building located at 532 Michigan Avenue, Miami Beach, for the purpose of providing rental housing for income-eligible elder tenants; and WHEREAS, MBCDC intends to create a not-for-profit entity which will assume all interest and title to the property located at 532 Michigan A venue and be a successor in interest to MBCDC pursuant to this Agreement; and WHEREAS, accordingly, the City herein agrees and consents to a one-time only assignment of this Agreement to MBCDC: 532 Michigan Avenue, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized to execute the attached HOME Investment Partnerships (HOME) Program agreement with the Miami Beach Community Development Corporation (MBCDC) providing $328,987 of previously committed fiscal year 2000/01 HOME Program funds for the acquisition and rehabilitation of an apartment building located at 532 Michigan Avenue, Miami Beach, to provide an estimated eighteen (18) rental units for income-eligible elder tenants in accordance with the HOME Program requirements; further, approving a one-time only assignment of this agreement to MBCDC: 532 Michigan Avenue, LLC., a not-for-profit entity to be created by MBCDC as a successor in interest in title to the property located at 532 Michigan Avenue, and under this agreement. PASSED AND ADOPTED THIS ~ DAY OF June ,2001 ATTEST: ~} PaA-~ CITY CLERK 532~D"'STO FORM & L/1.NGUAGE & FOR EXECUTION ---t-1 -0 [ ~ ate CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 http:\\ci.miami-beach.f1.us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. 3(0:;---0/ Mayor Neisen O. Kasdin and DATE: June 6, 2001 Members of the City Commission Jorge M. Gonzalez '\ ~ - ~ City Mauager U ~ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE ATTACHED HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM AGREEMENT WITH THE MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION (MBCDC) PROVIDING $328,987 OF PREVIOUSLY COMMITTED FISCAL YEAR 2000/01 HOME PROGRAM FUNDS FOR THE ACQUISITION AND REHABILITATION OF AN APARTMENT BUILDING LOCATED AT 532 MICHIGAN AVENUE, MIAMI BEACH, TO PROVIDE AN ESTIMATED EIGHTEEN (18) RENTAL UNITS FOR INCOME-ELIGIBLE ELDER TENANTS IN ACCORDANCE WITH THE HOME PROGRAM REQUIREMENTS; FURTHER, APPROVING A ONE-TIME ONLY ASSIGNMENT OF THIS AGREEMENT TO MBCDC: 532 MICHIGAN AVENUE, LLC., A NOT-FOR-PROFlT ENTITY TO BE CREATED BY MBCDC AS A SUCCESSOR IN INTEREST IN TITLE TO THE PROPERTY LOCATED AT 532 MICHIGAN AVENUE, AND UNDER THIS AGREEMENT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The City has received an annual allocation of HOME Investment Partnerships (HOME) Program funds from the U.S. Department of Housing and Urban Development (U.S. HUD) since 1992 for the purpose of expanding the supply of housing for persons meeting the income criteria of the HOME Program. The HOME Program requires the City, in its capacity as a participating jurisdiction, to set aside a minimum of 15 percent of its annual allocation for a particular type of not-for-profit organization called a Community Housing Development Organization (CHDO). The CHDO is required to use these funds for housing development activities in which the CHDO is either the owner, sponsor or developer of the housing. The Miami Beach Community Development Corporation (MBCDC) was designated as a CHDO in 1993. AGENDA ITEM e7F C~-O/ P;\DDHNAlL\MIGUElL\S32MCCMWPD DATE June 6,2001 Commission Memorandum MBCDC: 532 Michigan Avenue HOME Agreement Page 2 On July 12,2000, the City Commission approved Resolution No. 2000-23997 which adopted the City of Miami Beach One-Year Action Plan for Federal Funds. The One-Year Action Plan committed $800,000 of HOME Program funds to Miami Beach Community Development Corporation (MBCDC). These funds were allocated to MBCDC as a CHDO set-aside to be utilized for eligible projects to be sponsored, developed, or owned by MBCDC. These funds may be used for the acquisition and rehabilitation of affordable rental housing or other eligible activities. Project site and transaction details are subject to review by the Loan Review Committee and final approval from the City Commission. The property contains a two-story concrete and masonry structure with a center hallway and an adjacent two-story structure at the rear, connected by a second floor interior covered walkway. The structure was built in 1925 and consists of approximately 11,122 square feet. Currently, the structure is configured into 22 apartments. According to the report from the architects, the composition of the units is ten studio units, seven one-bedroom units, and five two-bedroom units. MBCDC is proposing to install an elevator and to make one or more units handicap accessible as required by the Americans with Disabilities Act. Some of the units do not have a minimum of 400 square feet as required by Code. Therefore, MBCDC will reconfigure the units to meet minimum unit size requirements, or will need to comply with procedures for non-conforming buildings to obtain appropriate permits and variances, if required. The resulting reconfiguration is estimated to provide 18-19 apartment units. MBCDC has obtained site control and proceeded to have the facility inspected by a structural engineer. The structural engineer's report stated that no major structural deficiencies were found. The floor grade of the first level of the building is below the base floodplain elevation required by the Federal Emergency Management Agency (FEMA) of 8 feet above NGVD. MBCDC will be required to comply with the provisions of the City's Flood Plain Management Ordinance 92-2822 to obtain appropriate permits and variances, if required. The proposed scope of work, based on a preliminary evaluation, includes the following: replace wall mounted AlC units with a central H.V.A.C. system, replace electrical system, repair or replace existing windows, provide new kitchenettes, refurbish/replace bathroom fixtures, refinish wood finishes, provide A.D.A. accessibility as required, upgrade fire alarm and detection system, refinish/re-plaster ceiling and wall areas as needed, provide an elevator, re-landscape entry, and provide security features as necessary. The building is currently vacant and no tenants are expected to be relocated. In accordance with the HOME Program requirements, MBCDC will provide these rental units for income-eligible elder tenants for a period of a minimum of 10 years after the rehabilitation of the building is complete. MBCDC has entered into a contract in the amount of $850,000 to purchase an apartment building located at 532 Michigan Avenue. MBCDC has obtained an appraisal indicating that the property has been appraised for $850,000 in "as is" condition. The appraisal priced the property at $76.43 per square feet of building area and $38,636 per unit. The price is comparable to the price of recent sales in the area. June 6, 2001 Commission Memorandum MBCDC: 532 Michigan Avenue HOME Agreement Page 3 On May 1, 2001, MBCDC submitted a request to the City to utilize the remaining $328,987 from their fiscal year 2000/01 HOME CHDO set-aside allocation towards the acquisition of 532 Michigan Avenue, Miami Beach, at a price of $850,000. Approximately $500,000 will be financed by the Seller. MBCDC intends to leverage additional funding by applying in June 2001 for Miami-Dade County Surtax funding in the amount of$500,000 to satisfy the Seller's loan. The total cost of this initiative, including the rehabilitation of the building, is estimated at $1,890,427. MBCDC will also seek additional private financing for the rehabilitation costs ofthe building. In addition, MBCDC may apply to the City's upcoming HOME Notice of Pun ding Availability (NOPA) for fiscal year 2000101 and/or may seek to complete the rehabilitation by utilizing some of the HOME CHDO set- aside allocation for fiscal year 2001102. On May 18, 2001, the Loan Review Committee reviewed and recommended approval by the City Commission for the request for funding to MBCDC for $328,987 from their HOME CHDO set-aside allocation for fiscal year 2000/01 for the acquisition and rehabilitation of 532 Michigan Avenue. The Administration recommends that the Mayor and City Commission authorize the Mayor and City Clerk to execute the attached Home Investment Partnerships (HOME) Program Agreement with the Miami Beach Community Development Corporation (MBCDC) providing $328,987 of previously committed fiscal year 2000/01 HOME program funds for the acquisition and rehabilitation of an apartment building located at 532 Michigan Avenue, Miami Beach, to provide an estimated eighteen (18) rental units for income-eligible elder tenants in accordance with the HOME Program requirements; further, approving a one-time only assignment of this agreement to MBCDC: 532 Michigan Avenue, LLC., a not-for-profit entity to be created by MBCDC as a successor in interest in title to the property located at 532 Michigan Avenue, and under this agreement. JMG/C~~SSL F:\DDHP\SALL\MIGUELL\S32MI_CM.wPD /' ,. HOME PROGRAM AGREEMENT THIS AGREEMENT, entered into this 6th day of June, 2001, by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, (City), and MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION, INC., a Florida Not-far-Profit Corporation, with offices located at 1205 Drexel Avenue, Miami Beach, Florida (hereinafter referred to as Owner). WITNESSETH: WHEREAS, on February 18, 1992, the City was designated by the U.S. Department of Housing and Urban Development (HUD) as a Participating Jurisdiction for the receipt of funds through the HOME Investment Partnerships (HOME) Program under 24 CFR 92; and WHEREAS, the City has entered into an agreement with HUD for the purpose of conducting an affordable housing program with federal financial assistance under the HOME Program; and WHEREAS, on April 8, 1993, the Mayor and City Commission, approved Resolution No. 93-20756, designating Owner as a qualified Community Housing Development Organization (CHDO) under the HOME Program; and WHEREAS, on July 12,2000, the City adopted Resolution No. 2000-23997, which adopted the One-Year Action Plan for Federal Funds and earmarked $800,000 City HOME Program funds to the Owner for eligible CHDO projects; and WHEREAS, Owner has submitted a request to the City to utilize $328,987 of the previously allocated fiscal year 200012001 CHDO funds for a CHDO project to acquire and rehabilitate the apartment building, located at 532 Michigan Avenue, Miami Beach; and WHEREAS, on May 18, 2001, the City's Loan Review Committee reviewed and recommended approval by the City Commission of Owner's funding request; and WHEREAS, Owner warrants and represents that it possesses the legal authority to enter into this Agreement, by way of a resolution that has been duly adopted as an official act of the Board of Directors, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and authorizing the person(s) identified as their official representative(s) to execute this Agreement and any other documents which may be necessary to implement this project; and WHEREAS, Owner intends to create a not-for-profit entity which will assume all interest and title to the property located at 532 Michigan A venue and be a successor in interest to MBCDC pursuant to this Agreement; and 1 WHEREAS, accordingly, the City herein agrees and consents to a one-time only assignment ofthis Agreement to MBCDC: 532 Michigan Avenue, L.L.C. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: ARTICLE I DEFINITIONS As used in this Agreement the terms listed below shall have the following meanings: (a) HOME Program: HOME Investment Partnerships Program, as set forth in 24 CFR Part 92, as amended. (b) HUD: United States Department of Housing & Urban Development or any successor agency. (c) Funds: HOME Program funds. (d) CHDO: Community Housing Development Organization as defined in the HOME Investment Partnerships Program, 24 CFR, Part 92, as amended, and CPD Notice 94-02. (e) Terms defined in the HOME Investment Partnerships Program Final Rule, 24 CFR Part 92, and any amendments thereto, not otherwise defined in this Agreement, shall have the meaning set forth in said Rule. (e) HOME Assisted Units: A term that refers to the number of units in a project assisted with HOME Program funds for which rent, occupancy, and resale/recapture restrictions apply. ARTICLE II ALLOCATION OF HOME FUNDS In consideration of the performance by Owner of its role and responsibilities set forth in this Agreement, the City agrees to provide a conditional grant of HOME Program funds to Owner in the amount of Three Hundred Twenty-Eight Thousand Nine Hundred Eighty-Seven Dollars ($328,987) (Funds) from previously allocated fiscal year 2000/2001 CHDO set-aside funds. The Funds will be utilized by Owner for a CHDO project that provides for the acquisition, rehabilitation and operation of the building located at 532 Michigan Avenue, Miami Beach, that will provide a minimum of 18 rental units for income qualified elderly persons. Owner will acquire and rehabilitate the building as more fully described in the Scope of Services (Exhibit A) and Budget (Exhibit B). Owner will maintain required HOME Program rent and occupancy limitations for a minimum period of 10 years (the Affordability Period) commencing with the issuance ofthe final approved Certificate of Completion by the City's Building Department following the planned 2 rehabilitation. ARTICLE III PROCEEDS FROM HOME INVESTMENT In accordance with the 24 CFR Part 92.300 (a)(2), Owner may retain the proceeds from the investment of its CHDO set aside funds for use in other housing activities which benefit low-income families. ARTICLE IV SPECIAL PROVISIONS APPLICABLE TO FUNDS PROVIDED UNDER THE HOME PROGRAM Owner expressly agrees to the following terms and conditions in conformity with the HOME Program Final Rule. (a) Repayment of Funds. The Funds (which definition shall include the allocation of any additional funds that may be provided by the City in the future as a result of an amendment or modification of this Agreement) shall be repaid in their entirety if the HOME units do not meet the affordability requirements for the required time period in accordance with the terms of this Agreement and the HOME Program Regulations. Any violation ofthese requirements may, at the City's option, result in the entire amount of the Funds, as indicated in Article II or as subsequently amended or modified, being returned and/or otherwise repaid by Owner to the City, and same shall be considered and treated as an event of default resulting in the City's termination for cause ofthe Agreement, pursuant to Article XXVI herein. The City reserves the right to review the affordability requirements, as set forth herein. Concurrent with its execution of this Agreement and/or any projects pursuant to this Agreement, Owner shall execute a Mortgage and Note in the format provided by the City, incorporating the terms of this section, which shall be recorded in the Official Records of Miami-Dade County Florida. The affordability requirements apply without regard to the term of any loan or mortgage or the transfer of ownership. They must be imposed by deed restrictions, covenants running with the land, or other mechanisms approved by HUD, except that the affordability restrictions may terminate upon foreclosure or transfer in lieu of foreclosure. (b) Rent Limitation. HOME assisted rental units will bear rents in accordance with 24 CFR 92.252, as published from time-to-time by HUD. The City shall provide a HOME Program rent schedule annually to Owner. (c) Rent schedule and utility allowances. In accordance with 24 CFR 92.252(b)( c) and (d), the City must review and approve rents and the monthly utility allowances proposed by the owner prior to initial occupancy. Owner must re-examine and document the income of each tenant living in the HOME assisted units annually. The maximum monthly rent must be recalculated by Owner and reviewed and approved by the City annually. Any increase in rents for HOME-assisted units is subject to the provisions of outstanding leases and, in any event, the owner must provide the 3 tenant with not less than 30 days written notice before implementing any rent increase. (d) Owner shall comply with all applicable federal regulations as they may apply to restrictions and limitations regarding real property under Owner's control acquired or improved in whole or in part with HOME funds. (e) The Project must provide safe, sanitary, and decent residential housing for income eligible tenants (i.e., persons whose income is within specific income levels set forth by HUD). (f) Income Targeting. Owner shall maintain written documentation that conclusively demonstrates that the project assisted in whole or in part with HOME funds provides benefit to very- low income households (annual income does not exceed 50 percent ofthe median family income for the area) and low-income households (annual income does not exceed 80 percent of the median income for the area) as required. (g) Records: Owner shall maintain all records sufficient to meet the requirements of 24 CFR 92.508(a)(2) program records, 92.508(a)(3) project records, 92.508(a)(5) other Federal requirements records, 92.508(a)(6) program administration records. All records required herein shall be retained and made accessible as provided in 24 CFR 92.508 (c) and (d) and Florida Statutes Chapter 119. (i) Property Standards. For the duration of this Agreement and any amendments hereto, housing that is assisted with HOME funds, must meet all applicable local codes, rehabilitation standards, ordinances and zoning ordinances at the time of project completion. The City shall conduct annual or bi-annual, as required, on-site inspections of the project to assure compliance with housing codes. The City may select a sample of the units in the project to satisfy the inspection requirements. G) Environmental Review. For the Project described in the Scope of Services (Exhibit A), attached hereto, Owner shall obtain a Phase I, Environmental Assessment, and agree to mitigate any hazardous conditions identified therein. (k) Affirmative Marketing. In order to provide persons in the housing market area with a range of housing choice, regardless of race, color, religion, sex, handicap, familial status, or national origin, Owner agrees to administer the HOME Program in a manner that will affirmatively further the purposes of Title VI of the Civil Rights Act of 1964 at 24 CFR 1, the Fair Housing Act at 24 CFR 100 and Executive Order 11063 at 24 CFR 107. Owner will submit its written procedures that implement these requirements for review and approval by the City. (I) Tenant and Participant Protection. Owner agrees that the lease to be executed with the tenants of rental housing will be in accordance with 24 CFR Part 92.253. Furthermore, if HOME assistance is provided to a CHDO, the CHDO must adhere to a fair lease and grievance procedure approved by the City and provide a plan for and follow a program of tenant participation in 4 management decisions (24 CFR Part 92.303). (m) CHDO Capabilities. Owner, as a CHDO, agrees that it will function as an owner of the Project and that it shall have effective management control. (n) Change in Status. Owner agrees to advise the City in writing within thirty (30) days of any organizational, operational or legal status changes made by Owner that affect documents that were submitted by Owner to obtain CHDO status. ARTICLE V ELIGIBLE COSTS Owner agrees that eligible costs for the Project under this Agreement are limited to those eligible costs as outlined in 24 CFR Part 92.206 of the HOME Program regulations. ARTICLE VI DISBURSEMENT OF FUNDS (I) The Funds shall be used by Owner for acquisition of real property. (2) Any payment due under the terms of this Agreement may be withheld pending the receipt and approval by the City of all reports and documents which Owner is required to submit to the City pursuant to the terms of this Agreement or any amendments thereto. (3) No payments will be made without evidence of appropriate insurance required by this Agreement. Such evidence must be on file with the City. (4) Owner understands and agrees that disbursement requests for funds under this Agreement are only to be requested when the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed. ARTICLE VII SUBCONTRACTS (a) Owner shall use its best efforts to include a statement in all subcontracts that it executes that the subcontractor shall hold the City harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement to the extent allowed by law. (b) If Owner subcontracts, a copy of the executed subcontract must be forwarded to the City within ten (10) days after execution. ARTICLE VIII CONDITIONS OF SERVICE 5 (a) As a condition of these services, Owner agrees to comply with the HOME Program Final Rule, 24 CFR Part 92, and any Amendments or Notices issued pursuant thereto. (b) Owner agrees to comply with the requirements of Executive Orders 11625 and 12432 concerning Minority Business Enterprise and 1213 8 Women's Business Enterprise which encourage the use of minority and women's business enterprises, to the maximum extent possible, in connection with HOME-funded activities. (c) Owner agrees to comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4201-4655) and 49 CFR Part 24. The Owner acknowledges having received the HUD Manual entitled "All the Right Moves: Relocation and Assistance In HUD Programs" and HUD Handbook 1378 and will comply with all requirements contained therein. (d) Owner agrees to comply with all of the following federal laws, executive orders, and regulations pertaining to fair housing and equal opportunity. (I) Title VI ofthe Civil Rights Act of1964, As Amended (42 U.S.C. 2000d) -- pertaining to discrimination under any program or activity receiving federal financial assistance on the basis of race, color, or national origin. Its implementing regulations may be found in 28 CFR Part I. (2) Title VIII of the Civil Rights Act of 1968, As Amended the "Fair Housing Act" (42 U.S.C. 3601) and its implementing regulations at 24 CFR Part 100-115 -- Prohibiting discrimination in the sale or rental of units in the private housing market. (3) Equal Opportunity in Housing (Executive Order 11063, as amended by Executive Order 12259) and implementing regulations at 24 CFR Part 107 -- Prohibiting discrimination in housing or residential property financing related to any federally assisted activity. (4) Age Discrimination Act of 1975, As Amended (42 U.S.C. 6101) and its implementing regulations at 24 CFR Part 146 -- Prohibiting age discrimination in programs receiving federal financial assistance. 5) Equal Employment Opportunity, Executive Order 11246, As Amended and its implementing regulations at 41 CFR Part 60 -- Prohibiting discrimination against any employee or applicant for employment. Provisions to effectuate this prohibition must be included in all construction contracts exceeding $10,000. (e) Owner agrees to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.c. 1701u) -- Requires that, to the greatest extent feasible, opportunities for training and employment arising from HOME funded projects will be provided to low-income persons residing in the program service area; and, to the greatest extent feasible, 6 contracts for work to be performed in connection with HOME funded projects will be awarded to business concerns that are located in, or owned by persons residing in the program service area. (f) Owner will ensure that all units in a project assisted with HOME funds comply with the Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4821, et) and its implementing regulations at 24 CFR 35. (g) Owner agrees to comply with the Federal Labor Standards Provisions, as described in HUD Handbook 1344-1 (Federal Labor Standards Compliance in Housing and Community Development Programs). (h) Owner agrees to comply with the requirements of24 CFR part 24 regarding debarment and suspension. ARTICLE IX TERM OF AGREEMENT This Agreement shall be effective upon execution by both parties and shall terminate at the conclusion of the 10 year period of affordability as specified in 24 CFR 92.252 (affordable rental housing). ARTICLE X TERMINATION The City and Owner agree that this Agreement may be terminated by the City, in whole or in part, for cause (as defined in Article XXVI herein and in accordance with the provisions of 24 CFR Part 85.43) or for convenience (as defined in Article XXVII and in accordance with the provisions of24 CFR, Part 85.44). A written notification shall be required at least thirty (30) days prior to the effective date of such termination, and shall include the reason for the termination (if for cause), the effective date, and in the case of a partial termination, the actual portiones) to be terminated. ARTICLE XI AMENDMENTS Any alterations, variations, modifications or waivers of any provisions of this Agreement, including an increased allocation of funds, shall only be valid when they have been reduced to writing and signed by the City and Owner. ARTICLE XII CONFLICT OF INTEREST (a) Owner shall comply with the standards contained within 24 CFR Part 92.356 which states that no owner, developer or sponsor of a project assisted with HOME funds (or officer, employee, agent or consultant of the owner, developer or sponsor) whether private-for-profit or non-profit, may 7 occupy a HOME-assisted affordable housing unit in a project. This provision does not apply to an employee or agent of the owner or developer of a rental housing project who occupies a HOME- assisted unit as the project manager or maintenance worker. Exceptions may be granted by the City in accordance with 24 CFR Part 92.356(f)(2). (b) Owner shall disclose any possible conflicts of interest or apparent improprieties of any party that is covered by the above standards. Owner shall make such disclosure in writing to the City immediately upon Owner's discovery of such possible conflict. The City will then render an opinion which shall be binding on all parties. (c) Related Parties. Owner shall report to the City the name, purpose, and any other relevant information in connection with any related-party transaction. This includes, but is not limited to, a for-profit subsidiary or affiliate organization, an organization with overlapping boards of directors, or an organization for which an officer of the Owner is responsible for appointing memberships. Owner shall report this information to the City upon forming the relationship or, if already formed, shall report it immediately. Any supplemental information shall be reported to the City in the required Annual Report. ARTICLE XIII INDEMNIFICATION AND INSURANCE Owner, through an insurance carrier, shall indemnify and hold harmless the City from any and all claims, liabilities, losses, and causes of action which may arise out of an act, omission, negligence or misconduct on the part of Owner or any of its agents, servants, employees, contractors, patrons, guests, clients, or invitees. Owner, through its insurance carrier, shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the City, when applicable, and shall pay all costs and judgements which may issue thereon. Owner shall maintain during the term ofthis Agreement, the insurance specified below. (1) General Liability: $500,000 combined single limit for bodily injury and property damage, for each occurrence. (2) Contractual Liability: the policy must include coverage to cover the above indemnification. (3) Automobile and vehicle coverage in the amount of $500,000 per occurrence shall be required when the use of automobiles and other vehicles are involved in any way in the performance of the Agreement, including non-owned automobile coverage. (4) Workers' Compensation Coverage as per statutory limits of the State of Florida. (5) Builders Risk/Comprehensive Fire and Hazard Insurance: Owner shall deliver to the City the original policy of Builder's Risk and Comprehensive Fire and Hazard Insurance in completed 8 value form with extended coverage in the amount of the full insurable value of the Project upon completion of construction, issued by a company satisfactory to the City. (6) Flood Insurance: If the floor grade of the first level of the building is determined to be below the base floodplain elevation required by the Federal Emergency Management Agency (FEMA) of 8 feet above NGVD, Owner shall deliver to the City evidence satisfactory to the City that the premises are covered by flood insurance supplied by the Federal Insurance Administration to the maximum amount available, all as provided in the Flood Disaster Protection Act of 1973, as amended, together with appropriate endorsement. Owner agrees that the City shall have the right to take any action necessary to continue said insurance in full force. Owner shall submit to the City an ORIGINAL Certificate ofInsurance for the above coverage with the City named as an additional insured, to the extent of its insurable interest on all policies required herein. All insurance coverage shall be approved by the City's Risk Manager prior to the release of any funds under this Agreement. Further, in the event evidence of such insurance is not forwarded to the City's Risk Manager within thirty (30) days after the execution of this Agreement, this Agreement shall become null and void, and the City shall have no obligation under the terms thereof unless a written extension of this thirty (30) day requirement is secured from the Risk Manager. ARTICLE XIV REPORTS (1 ) Progress Reports. Owner agrees to submit monthly progress reports to the City, describing the status of the Project and achievement of objectives as provided herein and in the Scope of Services (Exhibit A) and Budget (Exhibit B), attached hereto. The progress reports shall be submitted no later than 10 days after the end of each month until such time as all funds are expended or, for rental projects, until the project is fully occupied. It will be the responsibility of Owner to notify the City in writing, of any actions, law, or event, that will impede or hinder the completion projects and activities as provided in this Agreement. After such notification, the City will take whatever actions it deems appropriate to ensure the success of the program. (2) Tenant and Rent Schedule Certification. a. Owner shall submit to the City for approval the proposed rents for the HOME units and, if applicable, the monthly allowances for utilities and services to be paid by the tenant. The City shall approve submitted rents if such rents comply with applicable Federal standards, or ifHUD has approved same. b. Owner shall provide the City with the initial tenant list, and any and all subsequent updates, amendments and modifications thereto, with documentation for all tenants in the HOME 9 units confirming family size, income, financial classification, ethnicity, HOME rents charged and other information the City may require to fulfill its reporting requirements to HUD. This report will continue to be required for the full period of affordability hereunder beginning on the date of issuance of a Final Certification of Completion for the Project. The initial report shall be due within thirty (30) days of project lease-up. c. Annually, Owner shall deliver to the City's Housing and Community Development Division, by October 31 st of each calendar year, its signed report in form and substance acceptable to the City, to include names of tenants, unit type, family size and income, rents charged, and occupancy/vacancy factor of each unit for the prior fiscal year (October 1 st through September 30th). The report will continued to be required for the full 10-year period of affordability hereunder beginning on the date of issuance of a Final Certificate of Completion for the project. (3) Other reports as may be required by the City to demonstrate compliance with any of the terms of this Agreement. If the required reports described above are not submitted to the City or are not completed in the manner acceptable to the City, the City may withhold further payments until they are completed or may take any other action as the City may deem appropriate. ARTICLE XV AUDIT AND INSPECTIONS At any time during normal business hours and as often as the City administration and/or the Comptroller of the Currency of the United States may deem necessary, there shall be made available to the City administration and/or representatives of the Comptroller to audit, examine and make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. If during the course of a monitoring visit, the City determines that any payments made to Owner do not constitute an allowable expenditure, the City will have the right to deduct those amounts from their related invoices. Owner must maintain records necessary to document compliance with the provisions of this Agreement. ARTICLE XVI COMPLIANCE WITH LOCAL STATE AND FEDERAL REGULATIONS Owner agrees to comply with all applicable Federal regulations as they may apply to program administration. Additionally, Owner will comply with all State and local laws and ordinances hereto applicable. ARTICLE XVII ADDITIONAL CONDITIONS (a) Title and paragraph headings are for convenient reference and are not a part of this Agreement. (b) In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached document, the terms in this Agreement shall rule. 10 (c) No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. ARTICLE XVIII ACCESS TO RECORDS Owner, agrees to allow access during normal business hours to all financial records to authorized Federal, State or City representatives and agrees to provide such assistance as may be necessary to facilitate financial audit by any of these representatives when deemed necessary to insure compliance with applicable accounting and financial standards. Owner shall allow access during normal business hours to all other records, forms, files, and documents which have been generated in performance of this Agreement and to those personnel as may be designated by the City. ARTICLE XIX SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. ARTICLE XX PROJECT PUBLICITY Owner agrees that any news release or other type of publicity pertaining to the project as stated herein must recognize the City as the recipient funded by the United States Department of Housing and Urban Development, and that the Program is administered by the City's Community and Economic Development Department, which is the entity providing funds for the Project. ARTICLE XXI DRUG-FREE WORKPLACE Owner agrees to administer in good faith, a policy to ensure that it complies with the Drug- Free Workplace Act requirements under 24 CFR Part 24, Subpart F, and will ensure that the workplace is free from the unlawful manufacture, distribution, dispensing, possession or use of drugs or alcohol. ARTICLE XXII NONDELEGABLE Owner agrees that the obligations undertaken pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless the City shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm. 11 ARTICLE XXIII SUCCESSORS AND ASSIGNS Owner agrees that this Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. ARTICLE XXIV INDEPENDENT CONTRACTOR Owner and its employees and agents shall be deemed to be independent contractors and not agents or employees of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the City, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of the City. ARTICLE XXV ASSIGNMENT This Agreement may not be assigned or transferred by Owner without the prior written consent ofthe City thereto, which consent shall not be unreasonably withheld. It shall be deemed a default of this Agreement in the event that Owner does not strictly comply with the procedures established herein for obtaining City consent to assignment or transfer as defined by this Paragraph. In the event such consent is not obtained, in the manner prescribed herein, the City shall be entitled to declare a default, cancel this Agreement, and resort to its rights and remedies against the defaulting party. In the event the Provider transfers an interest of more than one (1 %) percent ownership in its stock by pledge, sale, or otherwise; or if Owner makes an assignment for the benefit of its creditors, or uses this Agreement as security or collateral for any loan; or if the Provider is involved in any bulk transfer of its business or assets, then in that event each of the foregoing actions shall also be deemed an assignment of this Agreement and shall require the City's prior written consent. A merger, dissolution, consolidation, conversion, liquidation or appointment of a receivership for Owner, shall be deemed an assignment of this Agreement and will require the prior written consent of the City thereto. ARTICLE XXVI TERMINATION FOR CAUSE The City may place Owner in default ofthis Agreement and may suspend or terminate this Agreement, in whole or in part, for cause, as prescribed in Article X herein. "Cause" shall include, but not be limited to, the following: (a) Owner's failure to (i) diligently pursue additional Project financing and to close on the acquisition of the Project within 60 days from the date of execution of this Agreement; or (ii) commence work within thirty (30) days from the date of issuance of the Notice to Proceed; or (iii) diligently pursue construction and timely complete the project by securing a Final Certificate of Completion within twelve (12) months from the date of execution of this Agreement. 12 Work shall be considered to have commenced and be in active progress when, in the sole opinion of the City, a full complement of workers and equipment is present at the site to diligently incorporate materials and equipment into the structure throughout the day on each full working day, weather permitting. (b) Owner's failure to comply with applicable building, fire, life safety, housing and zoning laws, rules, regulations and codes. (c) Owner's default on any of the terms and conditions of the note, mortgage, or other loan document executed by Owner in favor of a Lender. The affordability requirements apply without regard to the term of any loan or mortgage or the transfer of ownership. They must be imposed by deed restrictions, covenants running with the land, or other mechanisms approved by HUD, except that the affordability restrictions may terminate upon foreclosure or transfer in lieu of foreclosure. (d) Owner's failure to maintain the insurance required by the City and/or Lender. (e) Failure to comply and/or perform in accordance with any of the terms and conditions of this Agreement, or any Federal, State or local regulation. (f) Submitting any required report to the City which is late, incorrect, or incomplete in any material respect after notice and reasonable opportunity to cure, as set forth in subparagraph (h) hereof, has been given by the City to Owner. (g) Implementation of this Agreement, for any reason is rendered impossible or infeasible. (h) Failure to respond in writing within thirty (30) days of notice of same from City to any concerns raised by the City, including providing substantiating documentation when requested by the City. (i) Any evidence of fraud, waste or mismanagement as determined by the City's monitoring of project(s) under this Agreement, or any violation of applicable HUD rules and regulations. G) Owner's insolvency or bankruptcy. (k) An assignment or transfer of this Agreement or any interest therein which does not comply with the procedures set forth in Article XXV herein. (1) Claims oflien not satisfied or bonded-off, in accordance with Florida Statutes, within 60 days from the date of filing of any such lien. (m) Failure to comply and/or perform in accordance with the affordability requirements, and/or an unauthorized transfer oftitle of its HOME projects. If the default complained of is not fully and satisfactorily cured within thirty (30) days of receipt of such notice of default to Owner, at the expiration of said thirty (30) day period (or such 13 additional period of time, as permitted by the City, in its sole discretion, as required to cure such default, in the event Owner is diligently pursuing curative efforts) this Agreement may, at the City's sole option and discretion, be deemed automatically canceled and terminated, and the City fully discharged from any and all liabilities, duties and terms arising out of, or accruing by virtue of this Agreement. In the event of a default for cause, the City may, at its option, avail itself of any and all remedies pursuant to 24 CFR Part 85.43, as amended from time to time, including suspension, in whole or in part, of Owner's grant award(s); recapture of the Funds, as set forth herein; and any other remedies that may be legally available. ARTICLE XXVII TERMINATION FOR CONVENIENCE Notwithstanding Article XXVI above, Owner herein consents that the City may terminate this Agreement, in whole or in part, for convenience, as set forth in 24 CFR Part 85.44. ARTICLE XXVIII ADDITIONAL REMEDIES In the event of a default and termination for cause, the City shall be entitled to bring any and all legal and/or equitable actions which it deems to be in its best interest, in Miami-Dade County, Florida, in order to enforce the City's rights and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorney's fees. To the extent allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive counterclaims against the City in any such action. ARTICLE XXIX MAINTENANCE AND RETENTION OF RECORDS Owner agrees that it will maintain all records required pursuant to 24 CFR Part 92.508, in an orderly fashion in a readily accessible, permanent and secure location, and that it will prepare and submit all reports necessary to assist the City in meeting record keeping and reporting requirements thereunder. (1) Records shall be maintained for a period of five years after the closeout of funds under this Agreement except as provided herein (2), (3) and (4). (2) If any litigation, claim, negotiation, audit or other action has been started before the regular expiration date, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular period specified in paragraph (1), whichever is later; (3) Records regarding project requirements that apply for the duration of the period of affordability, as well as the written agreement and inspection and monitoring reports must be retained for five years after the affordability period terminates; (4) Records covering displacements and acquisition must be retained for at least five years after 14 the date by which the persons displaced from the property and all persons whose property is acquired for the project have received the final payment to which they are entitled in accordance with 24 CFR Part 92.353. ARTICLE XXX UMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $328,927. Owner hereby expresses its willingness to enter into this Agreement with Owner's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $328,927. Accordingly, and notwithstanding any other term or condition of this Agreement, Owner hereby agrees that the City shall not be liable to Owner for damages in an amount in excess of$328,927, for any action or claim for breach of contract arising out ofthe performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Florida Statutes, Section 768.28. ARTICLE XXXI VENUE This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal action is necessary by either party with respect to the enforcement of any or all terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. ARTICLE XXXII ADDITIONAL CONDITIONS AND COMPENSATION It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be used for the Funds, originated from grants of federal HOME Investment Partnerships Program funds, and must be implemented with all of the applicable rules and regulation of the U.S. Department of Housing and Urban Development. It is expressly understood and agreed that in the event of curtailment or non-production of said Federal grant funds, that the financial sources necessary to continue to pay the Owner the Funds will not be available and that this Agreement will thereby terminate effective as of the time it is determined that said funds are no longer available. In the event of such determination, Owner agrees that it will not look to, nor seek to hold liable, the City or any individual member ofthe City Commission thereof, personally for the performance of this Agreement and all parties hereto shall be released from further liability each to the other under the terms of this Agreement. ARTICLE XXXIII ACCESSIBILITY LAWS COMPUANCE Owner agrees to adhere to and be governed by the following accessibility requirements: 15 (a) Architectural Barriers Act ofl968, As Amended (42 U.S.C. 4151) and its implementing regulations at 35 CFR Part 107 -- Public buildings and conveyances financed with federal funds must be designed, constructed, or altered to provide accessibility to the physically handicapped. (b) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8 -- Prohibits discrimination in federally assisted programs on the basis of handicap and imposes requirements to ensure that "qualified individuals with handicaps" have access to programs and activities that receive federal funds. (c) Title VIII of the Civil Rights Act of 1968, As Amended the "Fair Housing Act" (42 U.S.c. 3601) and its implementing regulations at 24 CFR Part 100-115. Owner must complete and submit the City's Disability Non-Discrimination Affidavit (Affidavit), a copy of which is attached hereto and incorporated herein as Exhibit C. In the event Owner fails to execute the City's Affidavit, or is found to be in non-compliance with the provisions of the Affidavit, the City may impose such sanctions as it may determine to be appropriate, including but not limited to, withholding of payments to Owner under the Agreement until compliance and/or cancellation, termination or suspension of the Agreement in whole or in part. In the event the City cancels or terminates the Agreement pursuant to this Article, Owner shall not be relieved ofliability to the City for damages sustained by the City by virtue of Owner's breach of the Agreement. ARTICLE XXXIV NOTICES All notices shall be sent to the parties at the following addresses: Ifto the City: City of Miami Beach 1700 Convention Center Drive, 3rd Floor Miami Beach, FL 33139 Attn: (1) City Attorney's Office and (2) Housing Director If to Owner: Roberto Datorre Miami Beach Community Development Corporation 1205 Drexel Ave., 2nd Floor Miami Beach, FL 33139 or to such address and to the attention of such other person as the City or Owner may from time to time designate by written notice to the other. 16 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized official(s) on the day and date first above indicated. ATTEST: , }Q~ Secretary ATTEST: ~J f AAclw-- City Clerk F:\DDHP\$ALL \RUSSELL \HOME\532MICH\AGREEMNT.WPD APPROVED AS TO FORM & LANGUAGE & FOR CUllON ~I MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION a Florida not-for-profit corporation cey:. Amhorized Signatory ~otJe\+l) b~-\o((eIV(e{)1 c\en~ Printed Name 'and Title of Authorized Signatory CITY OF MIAMI BEACH a Florida Municipal corporation (12_. ~ V I l'. C - Mayor 17 EXHIBIT A SCOPE OF SERVICES SCOPE OF SERVICES I. Address of Project: 532 Michigan Avenue Miami Beach, Fl 33139 2. Legal Description: Lot 4, Block 98, of Ocean Beach Addition No.3, according to the Plat thereof, recorded in Plat Book 2, Page 81, of the public Records of Miami-Dade County, Florida. 3. Building and Site Characteristics MBCDC has entered into a Contract for Sale and Purchase in the amount of $850,000 for a vacant apartment building located at 532 Michigan Avenue, Miami Beach. The 2-story, 22 unit building is to be reconfigured and rehabilitated to provide a minimum of 18 units to be occupied by elderly persons qualified under the HOME Program. The building, constructed in 1925, has been designated as historic and is located one-half block north of Fifth Street. The existing 22 apartments consists often studio units, seven one-bedroom units and five two-bedroom units. According to the survey of the property, the total area of the building is approximately 11,122 square feet. Once the reconfiguration and rehabilitation of the building is completed, the area of each unit will exceed the minimum City requirement of 400 square feet. MBCDC is proposing to reconfigure the building and will provide a minimum of 18 units. The actual number of units to be retained will be determined during the architect's design of the rehabilitation work. MBCDC has obtained site control and proceeded to have the facility inspected by a structural engineer. The structural engineer's report stated that no major structural deficiencies were found. A Phase I Environment Review will be conducted to determine possible petroleum product contamination, and the presence of asbestos or lead paint. As a requirement of funding, the Owner will mitigate any hazardous conditions identified in the Phase I report. The Owner has provided a recent appraisal indicating that the property has been appraised for $850,000 in "as is" condition. 4. Upon completion of the Project, all units will be HOME-assisted and carry restricted rent and tenant income restrictions for the duration of the lO-year affordability period. 5. Proposed Elements of Construction The proposed scope of work, based on a preliminary evaluation, includes the following: replace wall mounted A/C units with a central H.V.A.C. system; replace electrical system; repair or replace existing windows; provide new kitchenettes; refurbish/replace bathroom fixtures; refinish wood finishes; provide A.D.A. accessibility as required; upgrade fire alarm and detection system; refinish/re-plaster ceiling and wall areas as needed; provide an elevator; re-landscape entry; and provide security features as necessary. 6. The following procedures must be followed, prior to the commencement of work on the project: (a) Each contractor and/or subcontractor must be found to be eligible to work on a federally funded project. The names submitted will be checked against the monthly listing "Consolidated List of Debarred, Suspended & Ineligible Contractors and Grantees" published by the Federal Government. (b) Since the Building is more than 50 years old, Owner's Architect or Engineer (I) must obtain and submit to the City a letter indicating that the plans for the project have been reviewed by the State Historic Preservation Officer (SHPO) and that the proposed rehabilitation is acceptable to that office, and (2) must submit a copy ofthe 50 year re-certification for the building. (c) A set of final approved plans and specifications for the project approved by the City's Building Department must be submitted to the Housing Division of the City's Community/Economic Development Department. (d) Building permits must be obtained as required by applicable City Ordinance. Also, any other necessary permits and applicable approvals from any other governmental authorities must be obtained, if required. (e) A copy of the contract between Owner and a licensed General Contractor must be submitted to the City which includes commencement and completion dates, contract amount, scope of work, Federal Labor Standards Provisions (HUD Form 4010, if applicable), and applicable federal regulations and standards. (f) The General Contractor selected must submit evidence prior to the commencement of work, satisfactory to the City's Insurance Manager, of the following insurance coverage: I) Liability insurance against claims arising out of accident or occurrence on the property, in a minimum amount of$I,OOO,OOO. The City of Miami Beach must be named as additional insured in the policy; and 2) Proof of worker's compensation coverage; and such other forms of insurance as the City's Risk Manager may reasonably require. (g) A revised cost breakdown, to include direct and indirect costs of the proposed work, based on the actual contract price. When the above requirements have been met, the Community/Economic Development Department and the Building Department will jointly issue a "Notice to Proceed" on the project. If Owner or contractor does not fully comply, or if any work commences prior to the issuance ofthe Notice to Proceed, then such work may, at the discretion of the City, constitute a default under this Agreement. Exception: Subject to the prior approval ofthe Community/Economic Development Department and the Building Department, emergency repairs can be undertaken on the Project. 7. Owner's General Contractor shall be responsible for compliance with all pollution and asbestos control standards ofthe concerned governmental agencies. It shall be the Contractor's responsibility to obtain required inspections from these agencies. 8. Federal regulations require that all tenants in housing rehabilitated with federal funds, be provided with information on the following: that the property may contain lead-based paint; of the hazards, symptoms and treatment for ingestion oflead-based paint; of the precautions to be taken; of the availability of blood level screening for children under seven years of age; and that in the event lead-based paint is found in the property, appropriate abatement procedures must be undertaken by Owner. Copies of a brochure will be provided to the Owner by the City. This information must be provided by Owner to each tenant, and Owner must retain evidence of having provided this notification to the tenant in a file for the life of this Agreement. 9. After the property has been rehabilitated, it must conform to the applicable codes, ordinances and statutes ofthe City and of Miami-Dade County, including, but not limited to, the South Florida Building Code, the Zoning Ordinance, and the Property Maintenance Standards. 10. Owner agrees that it will develop an affirmative marketing plan, with concurrence from the City, that will comply with the City's adopted affirmative marketing procedures and requirements for projects containing 5 or more HOME-assisted housing units. Owner shall implement an affirmative marketing program that provides information to, and attracts eligible persons in the housing market area to the available housing receiving assistance from HOME funds, without regard to race, color, national origin, religion, sex, sexual orientation, handicap, marital status, familial status, or age. The affirmative marketing requirements and procedures adopted by Owner shall include, but not necessarily be limited to, the following: a. Methods to promote greater choice of housing opportunities; b. Practices for marketing vacant units that will affirmatively further fair housing (e.g., use of commercial media, use of community contacts, use of the Equal Housing Opportunity logotype or slogan, and display of fair housing poster); c. Special outreach efforts to inform and solicit applications from persons in the housing market area who are not likely to apply for the housing without special outreach and advertising efforts (e.g., use of community organizations including, but not limited to: places of worship, employment centers, community centers, fair housing groups, housing counseling agencies, community development corporations, and the Housing Authority.ofthe City of Miami Beach). The City shall provide a list of potential outreach sources to Owner; d. Maintenance of records describing actions taken to affirmatively market units and records to assess the results of these actions, including newspaper clippings of all vacant units advertised, copies of brochures, pamphlets, and articles used in advertising units, lists of community organizations used in disseminating information, records of referrals and the results of these referrals, and documentation of any other special outreach activities conducted. e. A certification that states that the Owner agrees to adhere to any corrective actions the City requires if affirmative marketing requirements are not met. I!. Project Development Schedule Closing Date Commence Construction Complete Construction Lease-up June 2001 March 2002 November 2002 March 2003 EXHIBIT B BUDGET SOURCES AND USES OF FUNDS 532 MICHIGAN AVENUE ESTIMATED SOURCES OF FUNDS CITY OF MIAMI BEACH (CHDO SET ASIDE FY 2000-01) CITY OF MIAMI BEACH (CHDO SET ASIDE FY 2001-02) CITY OF MIAMI BEACH (NOPA) BANK FINANCING MIAMI-DADE COUNTY USES OF FUNDS ACQUISITION OF PROPERTY REHABILIT AnON PRE-DEVELOPMENT COSTS DEVELOPER'S FEE $328,987 614,913 250,000 196,527 500.000 $850,000 800,000 140,427 1 00 000 $1,890,427 $1,890,427 EXHIBIT C DISABILITY DISCRIMINATION AFFIDAVIT DISABILITY NONDISCRIMINATION AFFIDAVIT CONTRACT REFERENCE ~Obe D((e NAME OF FIRM. CORPORATION. OR ORGANIZATION U., AUTHORIZE...D AGENT COMPLETING AFFIDAVIT ~ r~ POSITION~ie ~\dPn\ PHONE NUMBER ~C!)l53-x. DO"'lc, I, ~be..("--*o j)o..~'r-Y e.. , being duly first swom state: That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including. but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications. access to facilities, renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336. 104 Stat 327.42 U.S.C. 12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Tittle II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V. Miscellaneous Provisions. The Rehabilitation Act of 1973; 29 U.S.C. Section 794. The Federal Transit Act, as amended: 49 U .S.C. Section 1612. The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631. ~~) ~ lo-LQ-Q ~ Date SUBSCRIBED AND SWORN TO (or affirmed) before me on Co-lo- 0 (Date) by ~el'"-\o "Da.-\on e... (Affiant) . He/She is personally known to me or has presented as identification. (Type of identification) ~-~ *if *My CommisSion CC717557 ~tff\.~ Expires February 18. 2002 (">.C I \ 1'551_ (Serial Number) (Print or Stamp Name of Notary) ~-IX-O")... (Expiration Date) Notary Public (State) Notary Seal The City of Miami Beach will not award a contract to any firm. corporation or organization that fails to complete and submit this Affidavit with the firm, corporation or organization's bid or proposal or fails to have this Affidavit on file with the City of Miami Beach. Page 1 of 1