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2008-26956 ResoRESOLUTION NO. 2008-26956 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AONE-TIME ONLY ASSIGNMENT OF THE OCTOBER 1, 2008, CDBG AGREEMENT IN THE AMOUNT OF $69,894 BETWEEN THE CITY AND MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION (MBCDC) TO MBCDC MERIDIAN PLACE, LLC, A NOT FOR PROFIT ENTITY CREATED BY MBCDC (AND WHOSE SOLE MEMBER IS MBCDC) AS A SUCCESSOR IN INTEREST IN TITLE OF THE MERIDIAN PLACE APARTMENTS, LOCATED AT 530 MERIDIAN AVENUE. WHEREAS, the City receives Community Development Block Grant (CDBG) Program entitlement grants from the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, the primary objective of the CDBG Program is the development of viable urban communities, including decent housing and a suitable living environment and expanding economic opportunities principally for persons of low and moderate income; and WHEREAS, on June 16, 2008, the City Commission approved Resolution No. 2008- 26852 amending the One-Year Action Plans for Federal Funds for FY 2002-03, 2003-04, 2005-06, 2006-07, and 2007-08 to reprogram CDBG funds in the amount of $69,894 to MBCDC for renovations to the Meridian Place Apartments; and WHERAS, MBCDC entered into a CDBG Agreement with the City, dated October 1, 2008 in the amount of $69,894 to secure the funding allocation for the Meridian Place Apartments renovation; and WHEREAS, MBCDC has subsequently created a not for profit entity, MBCDC Meridian Place, LLC, which is the successor in interest to MBCDC and has assumed all interests and title to the Meridian Place Apartments; and WHEREAS, MBCDC is the sole member of MBCDC Meridian Place, LLC; and WHEREAS, an assignment of the October 1, 2008 Agreement from MBCDC to MBCDC Meridian Place, LLC will best protect the City since the assignment enables the City to contract directly with the legal owner of the property in question. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve aone-time only assignment of the October 1, 2008 CDBG Agreement in the amount of $69,894 between the City and the Miami Beach Community Development Corporation (MBCDC), dated October 1, 2008, to MBCDC Meridian Place, LLC, anot-for-profit entity created by MBCDC (and whose sole member is MBCDC) as a successor in interest in title to the Meridian Place Apartments, located at 530 Meridian Avenue. 2008-26956 PASSED AND ADOPTED THIS 10th DAY OF December , 2008. ATTEST: CITY CLERK Robert Parcher Matti Herrera Bower T:WGENDA\2008\December 10\Consent\Meridian Assignment - RESO ($69,894).doc APPROVED AS TO FORM & LANGUAGE 8t; FOR.EXHCUTION J 2 't D!' COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing the assignment of the $69,894, October 1, 2008 CDBG Agreement from MBCDC to MBCDC Meridian Place, LLC a not for profit entity created by MBCDC. Key Intended Outcome Supported: Increase access to workforce or affordable housing. Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2007 Customer Satisfaction urvey, affordable housing was a concern for 82% of those surveyed. Issue: Shall the October 1, 2008, CDBG Agreementwith MBCDC be assigned to MBCDC Meridian Place, LLC, a not for profit ownership-entity created by MBCDC as successor in interests? Item Summary/Recommendation: On June 16, 2008, the City Commission approved Resolution No. 2008-26852 amending the One-Year Action Plan for Federal Funds for FY 2002-03, 2003-04, 2005-06, 2006-07, and 2007-08 to reprogram CDBG funds in the amount of $69,894 to MBCDC for renovations to the Meridian Place Apartments. MBCDC entered into a CDBG Agreement with the City, dated October 1, 2008, in the amount of $69,894 to secure this funding allocation. For every project MBCDC develops, a separate ownership entity is created. In the case of the Meridian Place Apartments, MBCDC Meridian Place, LLC, a Florida not for profit limited liability company, wholly owned by MBCDC, was created and is the property owner. However, the funding allocation and subsequent agreement was between the City and MBCDC, a not for profit Florida corporation, which is the sole member of MBCDC Meridian Place, LLC. Therefore, an assignment of the October 1, 2008, CDBG Agreement from MBCDC, Inc. to MBCDC Meridian Place, LLC, is necessary to ensure that the City is contracting directly with the corporate entity ultimately and directly responsible for building and managing the project. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 N/A 2 3 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Anna Parekh ~ ~ Department Director ~ Assistant City Manager ~ City Manager ~ AGEIVaA ITEM ,~,., ~~~H SATE ra ~ ~- d' m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www miomibeachfl.aov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: December 10, 2008 SUBJECT: A RESOLUTION OF THE MAYOR A D THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AONE-TIME ONLY ASSIGNMENT OF THE OCTOBER 1, 2008, CDBG AGREEMENT IN THE AMOUNT OF $69,894 BETWEEN THE CITY AND MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION (MBCDC), TO MBCDC MERIDIAN PLACE, .LLC, ANOT-FOR-PROFIT ENTITY CREATED BY MBCDC (AND WHOSE SOLE MEMBER IS MBCDC) AS A SUCCESSOR IN INTEREST IN TITLE OF THE MERIDIAN PLACE APARTMENTS, LOCATED AT 530 MERIDIAN AVENUE ADMINISTRATION RECOMMENDATION Adopt the resolution. BACKGROUND On June 16, 2008, the City Commission approved Resolution No. 2008-26852 amending the One- YearAction Plans for Federal Funds for FY 2002-03, 2003-04, 2005-06, 2006-07, and 2007-08 to reprogram CDBG funds in the amount of $69,894 to Miami Beach Community Development Corporation (MBCDC) for renovations to the Meridian Place Apartments. Meridian Place, located at 530 Meridian Avenue, will provided 34 units of affordable housing to income eligible elderly, formerly homeless persons. Funding was allocated for rehabilitation of the building. MBCDC consequently entered into a CDBG Agreement with the City, dated October 1, 2008, to secure the $69,684 funding allocation. For every project MBCDC develops, a separate ownership entity is created. In the case of the Meridian Place Apartments, MBCDC Meridian Place, LLC, a Florida not for profit limited liability company, was created to own the property. However, funding allocations were awarded to MBCDC, a not for profit Florida corporation, which is the sole member of MBCDC Meridian Place, LLC. Therefore, an assignment of the October 1, 2008, CDBG Agreement from MBCDC, Inc. to MBCDC Meridian Place, LLC, is necessary to ensure the City is contracting directly with the legal owner of the property in question. ANALYSIS An assignment of the October 1, 2008 Agreement from MBCDC to MBCDC Meridian Place, LLC will best protect the City since the assignment allows the City to contract directly with the legal owner of the property in question. Page 2 of 2 Consent to Assignment $69, 894 /Meridian Place CONCLUSION: The administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, authorize cone-time only assignment of the October 1, 2008, CDBG Agreement in the amount of $69,684 between the City of Miami Beach and Miami Beach Community Development Corporation, a not for profit corporation, to MBCDC Meridian Place, LLC, a Florida limited liability company, as successor in interest in title to The Meridian Place Apartments property, located at 530 Washington Avenue, Miami Beach. JMG/HF/AP T:\AGENDA\2008\December 10\ConsentUAeridian Assignment -MEMO ($69,894).doc