96-22132 RESO
RESOLUTION NO. 96-22132
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AMENDMENT TO THAT CERTAIN MULTI-FAMILY HOUSING
REHABILITATION MATCHING GRANT AGREEMENT,
DATED AUGUST 13,1996, PERTAINING TO THE DORANN
APARTMENTS AT 1244 PENNSYLVANIA AVENUE,
EXTENDING THE TIME TO COMMENCE THE
REHABILITATION OF THE PROJECT TO OCTOBER 15,
1996.
WHEREAS, on August 13, 1996, the City executed that certain Multi-Family
Housing Rehabilitation Matching Grant Agreement (Agreement) with 1244 Penn
Associates, Ltd. (Owner), pertaining to the rehabilitation of the property at 1244
Pennsylvania Avenue, Miami Beach, Florida (Project); and
WHEREAS, pursuant to the Agreement, the rehabilitation of the Project was due to
begin no later than thirty (30) days after the date of the Agreement; and
WHEREAS, due to circumstances beyond the Owner's control, including selection
of a contractor, and negotiation of contract documents, which required more time than
foreseen by the Owner, commencement of work on the Project has been delayed; and
WHEREAS, the successful rehabilitation of the Project will make available twenty-
one (21) units of rehabilitated residential housing in the South Beach area, eleven (11)
units of which will be reserved for rental to income-eligible tenants for a period of three (3)
years at rents specified by U.S. HUD.
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 authorized to execute the attached Amendment to that certain Multi-Family Housing
Rehabilitation Matching Grant Agreement, dated August 13, 1996, pertaining to the
property at 1244 Pennsylvania Avenue, known as the Dorann Apartments, extending the
time for commencement of the Project to October 15, 1996.
PASSED and ADOPTED this 25th day of
September
ATTEST:
R 0 ~d-- flW.k
CITY CLERK
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH-
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
September 25, 1996
FROM:
Jose Garcia_pedrosa/t
City Manager
A RESOLUTION E MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE ATTACHED AMENDMENT TO THAT CERTAIN
MULTI-FAMILY HOUSING REHABILITATION MATCHING GRANT
AGREEMENT, DATED AUGUST 13,1996, PERTAINING TO THE DORANN
APARTMENTS AT 1244 PENNSYLVANIA AVENUE, EXTENDING THE
TIME TO BEGIN THE REHABILITATION' OF THE PROJECT TO
OCTOBER 15, 1996.
SUBJECT:
ADMINISTRATION RECOMMENDATION:
The Administration recommends the adoption of the attached Resolution authorizing the
execution of an amendment to that certain Multi-Family Housing Rehabilitation Program
Matching Grant Agreement between the City and 1244 Penn Associates, Ltd. for the
Dorann Apartments at 1244 Pennsylvania Avenue, extending the time to begin
construction until October 15, 1996.
BACKGROUND:
On November 17, 1995 the City's Loan Review Committee (LRC) approved an application
for funding forthe rehabilitation of a building at 1244 Pennsylvania Avenue. On December
6, 1995 the Mayor and City Commission approved the execution of a Multi-Family Housing
Rehabilitation Matching Grant Agreement with the Owner by Resolution number 95-21833.
Due to a delay in arranging the construction financing package for the Project, the Owner
postponed executing the Matching Grant Agreement until August 1996.
The Dorann Apartments occupies a 13,584 square foot, three-story building at 1244
Pennsylvania Avenue, and was originally built to serve as an apartment building in 1925.
The architecture of the original structure is Mediterranean Revival, and the building is listed
in the City's historic properties database, and it is included in the historic district as a
contributing structure.
DATE
C_1 F
g-:lS-qc,
AGENDA ITEM
COMMISSION MEMO
SEPTEMBER 25,1996
PAGE 2
The Owner of the property is 1244 Penn Associates, Ltd., a Florida limited partnership.
The General Partner of 1244 Penn Associates Ltd. is 1244 Penn Associates, Inc., a Florida
Corporation, Craig Robins is the President of 1244 Penn Associates, Inc.
The building currently contains twenty-eight (28) vacant apartments, consisting of
efficiency, one- and two-bedroom apartments. The Owner proposes to reconfigure and
rehabilitate the building to make available twenty-one (21) apartments, consisting of: six
(6) efficiencies, Thirteen (13) one-bedroom, and two (2) two-bedroom units. The proposed
improvements call for the total rehabilitation of the entire building. This configuration will
provide units that exceed the minimum 400 square foot apartment size, however the
average apartment size is less than the City's 550 square foot minimum average size
criterion. The Owner received a variance on January 5, 1996 from the Zoning Board of
Adjustment permitting the rehabilitation to take place with an average size of 534 square
feet.
ANAL Y5IS:
The Matching Grant Agreement was executed by the Mayor and City Clerk on behalf of the
City on August 13, 1996. This Agreement provides that construction activities are required
to begin within 30 days after the date of execution of the agreement. Due to circumstances
beyond the Owner's control, including selection of a contractor, and the time required for
negotiation of contract documents, which required more time than foreseen by the Owner,
commencement of work on the Project was delayed past the thirty (30) day limit.
CONCLUSION:
The Administration recommends the adoption of the attached Resolution authorizing the
execution of an amendment to that certain Multi-Family Housing Rehabilitation Program
Matching Grant Agreement between the City and 1244 Penn Associates, Ltd. for the
Dorann Apartments at 1244 Pennsylvania Avenue, extending the time to begin
construction until October 15, 1996.
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f:\\CH\RESO\ 1244AMND.MEM
AMENDMENT TO AGREEMENT
This Amendment (Amendment), dated as of October JjL, 1996, to that certain Multi-
Family Housing Rehabilitation Matching Grant Agreement (Agreement), a copy of which
is attached hereto as Exhibit "A", entered into on August 13, 1996, is being entered into
by and between, the City of Miami Beach, Florida, a Florida municipal corporation (City),
and 1244 Penn Associates, Ltd., a Florida limited partnership (Owner).
WITNESSETH:
WHEREAS, on August 13, 1996, the City entered into the Agreement with the
Owner, pertaining to the rehabilitation of the Owner's property located at 1244
Pennsylvania Avenue, Miami Beach, Florida (Project); and
WHEREAS, pursuant to the Agreement, the rehabilitation of the Project was due to
commence no later than thirty (30) days after the date of the Agreement, or September 12,
1996; and
WHEREAS, due to circumstances beyond the Owner's control, including selection
of a contractor, and the negotiation of contract documents, which required more time than
foreseen by the Owner, the commencement of work on the Project has been delayed; and
WHEREAS, the successful rehabilitation of this Project will make available twenty-
one (21) newly rehabilitated apartments in the South Beach area, of which eleven (11)
units will be reserved for rental to income-eligible tenants at rents specified by U.S. HUD
for a period of three (3) years.
NOW THEREFORE, in consideration of the mutual promises contained herein, and
other good and valuable consideration, the receipt and adequacy of which is hereby
conclusively acknowledged, the parties hereto agree as follows:
1. EXTENSION OF TIME FOR COMMENCEMENT OF THE PROJECT.
Paragraph 13, sub-paragraph (a), part (i) is hereby amended as follows:
"13 (a)
Owner's failure to (i) commence work 'Nithin thirty (30) days from the date of
this Agreement , commence work bv October 15. 1996, or (ii) diligently
pursue construction and timely complete the project by securing a Final
Certificate of Completion within nine (9) months from the date of this
Agreement, or (iii) provide the documentation required to make the final
payment of the matching grant, as indicated in the Guidelines, within thirty
(30) days from the date when a Final Certificate of Completion is issued."
2.
OTHER TERMS OF AGREEMENT UNAFFECTED.
All other terms and conditions of the Agreement shall remain in full force and effect.
3. GOVERNING LAW.
This Amendment and the Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the City and the Owner have caused this Amendment to
be executed by their duly authorized officers as of the date first written above.
L
Date:
ATTEST:
J-< 0 kcl- P ucL---
ROBERT PARCHER, CITY CLERK
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