Loading...
CMB NSP2 Consortium Response to US HUD[CMB LOGO] City of Miami Beach Lead Applicant For City of Miami Beach NSP2 Consortium Response to the U.S. Department of Housing and Urban Development Notice of Funds Availability (NOFA) For Neighborhood Stabilization Program 2 City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 1 of 39 7/9/09 Draft City of Miami Beach NSP2 Consortium Program Summary Applicant: The City of Miami Beach is serving as lead applicant on behalf of the City of Miami Beach NSP2 Consortium ("Consortium"), comprised of the City of Miami Beach, Miami Beach Community Development Corporation, Carrfour Corporation and the Miami-Dade Affordable Housing Foundation, Inc. A copy of the Consortium's Agreement is attached as Appendix - to this Application. The City of Miami Beach is a unit of local government and a public nonprofit organization. The remaining members of the Consortium are private nonprofit entities. Evidence of Consortium members' nonprofit and tax-exempt status is attached as Appendix _ to this Application. The Consortium, comprised of a public nonprofit and three private nonprofits, is eligible to submit this application to the U.S. Department of Housing and Urban Development requesting funds provided under the American Recovery and Reinvestment Act of 2009 as part of the program known as the Neighborhood Stabilization Program 2 (NSP2) in response to a Notice of Funds Availability issued May 4, 2009. Funds Requested: The City of Miami Beach on behalf of the Consortium respectfully requests $17,300,000 to implement a program of neighborhood stabilization in the target geographies identified within this application. Use of Funds: The Consortium proposes to carry out activities identified as eligible in the NSP2 program. The Consortium intends to carry out the following activities in accordance with federal NSP2 program rules: • Provide soft second mortgage and closing cost assistance for the purchase of foreclosed- upon homes, particularly condominiums, by low- and moderate-income homebuyers. Homebuyers also will receive homebuyer counseling. • Acquire and rehabilitate foreclosed-upon homes or residential properties for rent to low- and moderate-income households. • Redevelopment of vacant properties as rental housing. • Related administrative costs to accomplish these activities. City of Miami NSP2 Consortium Neighbort-ood Stabilization Program 2 (NSP2) Application Page 2 of 39 7/9/09 Draft Income Targeting: A minimum of 25% of NSP2 funds awarded will be used toward Activity B -the acquisition and rehabilitation of abandoned or foreclosed-upon homes or residential properties for use as rental housing and Activity E -the redevelopment of vacant properties for use as rental housing. Accordingly, a proportionate number of units will be restricted to households at or below 50% of area median income ("AMI"). The balance of NSP2 funds expended under this application will benefit only households with incomes at or below 120% of AMI Citizen Participation: The City of Miami Beach published an advertisement in a newspaper of general circulation on June 28, 2009. The notice informed interested parties that a copy of the draft plan for application and use of NSP2 funds would be posted on the City of Miami Beach website for aten-day comment period, commencing July 2, 2009 and ending on July 15, 2009. Opportunity for submission of written comments would end at 12:00 p.m. on such date. A public hearing with opportunity for comment would be held during the City of Miami Beach Commission meeting on the same date at 12:15 p.m. A summary of comments received from citizens is included as Appendix _ to this Application. City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 3 of 39 7/9/09 Drag NARRATIVE STATEMENTS ADDRESSING RATING FACTORS 1. FACTOR 1: NEED/EXTENT OF PROBLEM (INSERT -KEVIN) City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 4 of 39 7/9/09 Draft 2. RATING FACTOR 2: DEMONSTRATED CAPACITY OF THE APPLICANT AND RELEVANT ORGANIZATIONAL STAFF a.Past Experience of the applicant. The City of Miami Beach is serving as lead applicant on behalf of the City of Miami Beach NSP2 Consortium ("Consortium"), comprised of the City of Miami Beach, Miami Beach Community Development Corporation, Carrfour Corporation and the Miami-Dade Affordable Housing Foundation, Inc. This NSP2 proposal is comprised of three strategies: (1) providing financial assistance to low- and moderate-income households to purchase foreclosed-upon homes, including homebuyer counseling; (2) acquisition and rehabilitation of abandoned or foreclosed-upon homes or multi-family properties for rent; and (3) redevelopment of vacant properties for use as rental housing. City of Miami Beach -Relevant Experience The City of Miami Beach has been a CDBG Entitlement Jurisdiction since 1975, and a HOME Entitlement Jurisdiction since 1992. The City's Housing and Community Development Division has managed the CDBG and HOME Programs since the City became eligible as an entitlement community. The Division has been responsible for preparing the City's Five-Year Consolidated Plans and annual Action Plans thereunder. The City enters into approximately 35 annual sub-recipient agreements for CDBG and HOME allocations. Additionally, the City has, within the last 24 months, administered allocations received from HUD/American Dream Downpayment Initiative (ADDI), HUD/Emergency Shelter Grant (ESG), HUD Section 108 Loan funds, and HUD/Economic Development Initiatives (EDI). The City of Miami Beach has participated in the SHIP Program since 1995. The Division serves as the local State Housing Initiatives Partnership (SHIP) Administrator for the City's allocation of SHIP funds. Typically, 17 to 20 households are assisted annually in Miami Beach through the SHIP program. From 1995 through 2008, 171 Miami Beach residents were served through the SHIP program: 21 in owner-occupied housing rehabilitation programs and 150 in first-time homeowner assistance and first-time homeowner rehabilitations. The City contracts with Miami Beach Community Development Corporation ("MBCDC") to perform SHIP activities and monitors its performance to ensure compliance with the rules and regulations established by the State of Florida. Within the last 24 months, the following SHIP program years, respective funding allocations, and activities have been administered by the City of Miami Beach, through MBCDC, the City's program sponsor: City of Miami NSP2 Consortium Neighbortrood Stabilization Program 2 (NSP2) Application Page 5 of 39 7/9/09 Draft SHIP Program Year Allocation Amount Activities FY 2005/2006 $490,105 Owner-occupied housing rehabilitation, first-time homeowner assistance, and first- time homeowner rehabilitation. FY 2006/2007 $798,763 Owner-occupied housing rehabilitation, first-time homeowner assistance, and first- time homeowner rehabilitation. FY 2007/2008 $536,462 Two program years combined for: FY 2008/2009 $473,171 Allowable SHIP activities (described above), however, 65% of the funds are being dedicated to allowable activities as they relate to the purchase of foreclosed and abandoned properties. Furthermore, the City of Miami Beach was awarded a total of $2,549,511 from HUD's Neighborhood Stabilization Program (NSPl) through the State of Florida's Department of Community Affairs (DCA). From the City's total allocation, $1,637,792 is the "regular" NSP1 allocation and $907,719 is the "supplemental" allocation, which is to be dedicated specifically to rental housing for low-income households which earn no more than 50% of AMI. The City concluded that rental housing is the most effective way to provide stable affordable housing and will, therefore, use all or nearly all, of its NSP funding to purchase and rehabilitate foreclosed or abandoned multi-family buildings for rental housing to income qualified households. A Request for Proposals has been issued to seek a sponsor for this allocation. Responses are due July 31, 2009. Miami Beach Community Development Corporation ("MBCDC') -Relevant Experience Miami Beach CDC works to enhance the quality of community life and achieve neighborhood revitalization through a comprehensive housing and community development program that pursues and balances historic preservation and urban design, economic vitality and increasing job opportunity, and support for a diverse, eclectic and successful neighborhood social fabric. Founded in 1981 by the Miami Design Preservation League, MBCDC spearheaded the economic revitalization of the Art Deco District, public and private investment on Ocean Drive and Lincoln Road and re-emergence of South Beach as a world-class tourist destination. Miami Beach CDC is committed to the preservation of residential neighborhoods and preservation and development of safe, decent affordable housing for low- and moderate-income residents. MBCDC works in collaboration with its Community Partner Organizations in a comprehensive community City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 6 of 39 7/9/09 Draft development program that embraces the values of revitalization, historic preservation, community empowerment and ombudsmanship. MBCDC emphasizes a balanced and comprehensive program of community development. Holistic Neighborhood Revitalization addresses housing and physical development, economic development and human investment simultaneously and comprehensively. Physical Development focuses on providing affordable housing and developing neighborhood facilities and public infrastructure. Economic Development focuses on business and enterprise development, job creation and initiatives related to income and employment. Human Investment efforts focus on a broad array of human services: support services, education, crime prevention and youth programs. Experience specific to this application is as follows: • Financing Mechanisms Miami Beach CDC provides Comprehensive Housing Counseling and Home Buyer Assistance Programs to qualifying individuals and households. The U.S. Department of Housing and Community Development has approved Miami Beach CDC as a Housing Counseling Agency certified in Renters Assistance, Homebuyer Education, Pre-Purchase Counseling, Money Debt Management, Home Improvement and Rehabilitation Counseling, Post-Purchase Counseling, Mortgage Delinquency and Default Resolution Counseling and Loss Mitigation. Home Buyer Seminars are conducted at the organization's office and at other locations in the area on a regular and frequent basis. This eight hour course is designed to provide information on Preparing for Homeownership; Shopping for a Home; Obtaining a Mortgage; Closing; and Life as a Home Owner. This provides a complete overview for the first time homebuyer in preparing for home ownership. In addition to the pre-ownership seminars, we provide Post-Purchase Workshop sessions that provide additional information to home owners, including such topics as Qualifying for Homestead Exemption, Repairs and Improvements, and Hurricane Preparation. Focused attention is also provided on how to Prevent Mortgage Foreclosure. Topics include: Surviving Financial Crisis; Negotiating Workout Agreements; Refinancing; and the Foreclosure Process and Alternatives. Individual Housing Counseling is provided to enable qualified individuals and households to work with counselors in preparing for homeownership through Income Evaluation, Credit Repair, Money Management, Savings Plans, Documentation Gathering, and ultimately in finding, financing and closing on home purchase. MBCDC provides technical assistance and access to programs of financial assistance to assist with Loan Applications to Lenders, Grant Applications for Down Payment and Closing Costs, Loan Process and Loan Closing. Counseling is also available to existing homeowners in order to avoid foreclosure. The organization maintains strong and important relationships with the local real estate market community, public agencies that provide homebuyer funding support and the commercial real estate lending community. City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 7 of 39 7/9/09 Draft From May 2007 to May 2009 MBCDC provided direct financial assistance in the form of down payment, closing cost assistance and access to advantageous soft second and other subordinate financing developed by MBCDC to 22 homebuyers. Additionally, 47 participants in the housing training /housing counseling program have been able to access market rate commercial lending and often other incentive financing programs available in the community, enabling them to close on home purchase during the relevant timeframe. Accordingly, a total of 69 homes have been acquired utilizing the housing counseling/ homebuyer training and counseling programs of the agency during the 24months preceding the issuance of the HUD NSP2 NOFA. Acquisition, Rehabilitation, Rental and Redevelopment of Vacant Prouerty MBCDC has an outstanding track record in the acquisition, rehabilitation and rental of affordable housing in the community. It has acquired a total of 15 multi-family properties, plus 13 scattered site condo units. Twelve of the properties, plus the scattered site units are in rental operation and currently provide affordable housing to 285 households. All properties are owned and operated directly by subsidiaries of MBCDC. These developments are characterized by the acquisition of vacant properties, moderate or substantial gut rehabilitation, financing resources from a series of agencies, full compliance with historic preservation requirements and other development parameters and the provision of housing and related support services to a tenant base of low- to moderate-income persons -including low-income households, wage earning employment force, elderly and other special needs population. Acquisition, Rehabilitation, Rental of Westchester Apartments 24 units On April 12, 2007 MBCDC celebrated the ribbon-cutting of the Westchester. While clearly acquisition of the property and substantial construction preceded May 2007, tenant marketing, selection, rent up and operating stabilization were all required in order to complete the full development process. It took three months to rent-up the building and another three months to achieve stabilization of operations. The Westchester was acquired for $1,200,000, Rehabilitation Construction Costs were $ 2,254,550, Other Project Development Costs were $ 717,738, with Project Development Costs totaling $4,172.288. Units of Housing Provided 24 units, set at HOME rents, with all tenants qualifying as low- to moderate-income persons. Sources of Financing include: City of Miami Beach HOME, Miami-Dade County HOME, Miami-Dade County Surtax, City of Miami HOPWA program and SunTrust Bank financing. Acquisition, Rehabilitation, Rental of London House 56 Units Acquisition, Rehabilitation, Rental of Barclay 66 Units Acquisition of The Allen Rehab and Rental -Pending 42 Units City of Miami NSP2 Consortium Neighbort-ood Stabilization Program 2 (NSP2) Application Page 8 of 39 7/9/09 Draft On April 23, 2007 Miami Beach CDC took title to these three properties located in the Center City Historic District Community Redevelopment Area. Interestingly, the deeds and Declarations of Restrictive Covenants were recorded two weeks later on May 4, 2007, with two of the Covenants required re-recording effected on June 12, 2007. Purchase price funding was provided by the City of Miami Beach Redevelopment Agency, documented by Loan Agreements, Promissory Notes and subject to the recorded Restrictive Covenants which provided fora 30 year affordability term. The Allen Barcla London House ' Total Purchase Prioe Funds Provided by CMB Redevelopment Agcy ~ $ 3,450,000 $ 3,469,347 $ 5,668,000 $ 5,692,400 $ 4,582,000 $ 4,603,852 $ 13,700,000 $ 13,765,599 Unit Count 42 units 66 units 56 units Initial Occupancy Initial Property Condition vacant property uninhabitable substantially occupied HQS --substandard During the ensuing two years, MBCDC undertook to stabilize the building conditions, bring the building into compliance with applicable Housing Quality Standards and clear code violations. Such stabilization rehabilitation program has been achieved for the Barclay and London House. Both of these buildings are compliant with HQS standards, clear of code violations and fully occupied. Accordingly, the Acquisition, stabilization, light rehab of the 122 units of the Barclay and London House are complete. Architectural plans are being developed and permits sought for a more rigorous substantial rehab program for London House and further rehab development plans for the Barclay have not yet been undertaken. While the Allen remains vacant, a rehab development program is underway to complete the stabilization and prepare the building for occupancy. This grant application would provide financial support to complete the rehabilitation of the Allen, including its reconfiguration from 42 to 39 units and a complete updating of structure and systems. Other Development Pipeline Projects - in process: Villa Maria (fka Hampton Court Apartments) 34 units Villa Matti 34 units Meridian Place 34 units While not yet completed, advancement of other projects within the development pipeline also demonstrates capacity of the organization to manage housing development /neighborhood stabilization activities. Vila Maria Apartments. In 2004 private developers proposed terminating the Housing Assistance Contract and demolishing the property to be replaced by a new City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 9 of 39 7/9/09 Draft luxury condominium building; their structural engineer declared that the existing building was unsafe. The building was sited by the Miami Beach Building Official and referred by him to the Miami-Dade Unsafe Structures Board. The Board considered an Order for Demolition of the property and required immediate action in order to avoid demolition. The Miami Beach CDC joined together with the City of Miami Beach in developing a program for the acquisition and ultimate rehabilitation of the historic property. The property rehabilitation is currently underway anticipating completion in December 2009 Villa Matti Apartments is a new construction project to be located on the adjacent vacant lot and will be developed as a 36-unit apartment building for elderly tenants. The development is made possible by funding allocations from the City of Miami Beach, Miami-Dade County and a Section 202 Capital Advance by U.S. Department of HUD. The building is infill new construction that has been reviewed and approved by the City of Miami Beach Historic Preservation Board as being an appropriate new, infill development in this Historic District. New Compatible Infill Construction. Configuration - 6 story mid-rise; 36 units. Status -Pending Capital Closing with HUD within 90 - 120 days. Meridian Place Apartments is designated as a contributing property within the locally designated Ocean Beach Historic District, designated as such by the City of Miami Beach. Status: Pre-Development. Architectural Plans -Complete. Permits -Pending Configuration - 34 units - 23 studio / SRO; 11 1-BR Providing housing for special needs population -homeless; formerly homeless The building is currently not occupied and while it has been painted and fixed up, there remains a considerable funding gap in order to move forward on building rehabilitation. The property is the subject matter of this application and would be made possible by the federal funds sought. • Additional Specific Demonstration of Applicable Capacity City and Regional Planning /Working Productively with Other Organizations Miami Beach CDC along with all other members of the Consortium are active in city and regional planning initiatives. MBcdc has taken on leadership roles within the Florida Redevelopment Association, the Urban Environment League of Greater Miami, the South Florida Community Development Coalition, and the Florida Housing Coalition. Miami Beach CDC together with the City of Miami Beach participated in the Public Officials Design Institute at Abacoa, in June 2007, sponsored by Florida Atlantic University, which focused upon Affordable and Workforce Housing. The three properties acquired within the CRA target area -The Allen, Barclay and London House -- were presented and analyzed and recommendation were made to guide design and project implementation. City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 10 of 39 7/9/09 Draft The culture of the organization is to work collaboratively and in partnership with other organizations at the neighborhood, city, and regional levels. MBcdc maintains an important supportive relationship with the Flamingo Park Neighborhood Association and collaborates with other Neighborhood and Homeowner Association in the City. MBcdc has excellent working relationship with the City Miami Beach, City of Miami, Miami-Dade County, Florida Housing Finance Corporation and other local, regional and state organizations. May 7-8, 2007, Miami Beach CDC conducted a Green Building Design Charrette. Sponsors included Enterprise Community Partners, Green Communities, U.S. Green Building Council. The specific emphasis was on using rehabilitation of Villa Maria and new construction of Villa Matti as opportunity to learn precepts of green design. The results of the effort was to achieve green design status for both of those two properties and for the organization to commit itself to green design on all future affordable housing developments. In November 2008 Miami Beach CDC was cited by the South Florida Regional Business Alliance and the FIU Metropolitan Center as among South Florida Workforce Housing Best Practices. The organization presented its work program as a part of the regional conference workshop and was designated as "a South Florida best practice case study for rental housing preservation." The recognition specifically identified rehabilitation of The Allen, Barclay and London House as well as rehabilitation of Villa Maria and new construction of Villa Matti. Program Marketing and Management of waiting lists for potential residents: The organization has substantial expertise developed in the course of preparing for operation of projects being developed, in the conduct of on-going property management of its properties, and in the housing programs conducted by the organization, including Housing Counseling, Assistance to First Time Homebuyers, Repair Assistance to Existing Home Owners, and housing specialist support on behalf of the local HOPWA tenant-based rental housing program administered by the City of Miami. Accessing operating and investment capital.• Over the course of the last twelve year, the organization has implanted an affordable housing development program that has resulted in the acquisition of fifteen properties, completed gut rehab on 186 units, provides affordable housing to 285 families, maintains a combined staff of 30 to 40 personnel, and has achieved a total development record of almost $100 Million. Miami Dade Affordable Housing Foundation, Inc. ("MDAHF') -Relevant Experience MDAHF, incorporated in 1999, has extensive experience in offering financial assistance to homebuyers as well as homebuyer counseling. The Foundation is a US HUD approved housing counseling agency, a certified Community Development Financial Institution (CDFI), a Community Development Entity (CDE) and is approved as homeownership counseling agency by the Mortgage Guaranty Insurance Corporation (MGIC). City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 11 of 39 7/9/09 Draft Accordingly, the organization brings to bear the credibility of such certifications and the training, experience and protocols offered by such certifying organizations. From May 2007 to May 2009, MDAHF provided 55 homebuyers with assistance in the form of housing workshop training, one-on-one housing counseling, technical assistance for first time home buyers, and direct access to public subsidy and incentive programs that assist individuals and households in moving toward home ownership. Several hundred participants have received training and counseling and help in moving toward home ownership. Tasks include initial determinations of eligibility for assistance, working with first mortgage lenders to qualify the homebuyer and loan closing. [DENTS: THINK WE NEED TO CLARIFY THE ABOVE. WERE THE 55 HOMEBUYF,RS PROVIDED WITH DIRECT HOMEBUYER FINANCIAL ASSISTANCE THROUGH SOFT SECONDS/DOWN PAYMENT??) The Foundation has provided leadership in Green Building by collaborating with Palmetto Homes, Inc. and the City of Miami in support of the first affordable green single family home in the State of Florida. The Foundation served as co-convener for "Miami-Dade Does Green Affordably," a national training symposium and exposition. The Foundation maintains important relationships with community partners, including Habitat for Humanity, Miami-Dade Housing Agency, Knight Foundation, Freddie Mac, South Florida Workforce, Villas of St Agnes, and local government jurisdictions. The Foundation is one of the most productive and experienced housing counseling agencies in the region. It maintains important relationships with agencies providing first time homebuyers with financial assistance, such as Miami-Dade County, Miami-Dade Housing Finance Agency, Metro-Miami Action Plan, and the Florida Housing Finance Corporation. The Foundation is also adept in assisting homebuyers to respond to the needs of financial institutions providing first mortgage commercial financing to home buyers. Over the twenty four month time frame the organization has worked with the following institutions: Bank of America, Bank Atlantic, Sun Trust, CitiMortgage, Northern Trust, HSBC, Gibraltar Bank, Home Financing, Chase Bank, Midwest Bank, Dade County Credit Union, and Ocean Bank. Carrfour Corporation ("Carrfour') -Relevant Experience Carrfour, incorporated in 1993, has substantial experience in developing and operating affordable rental housing, including special need housing. Carrfour has both performed new construction as well as gut and moderate rehabilitation. Carrfour has secured federal, state and local funds to support its affordable housing activities. Within the period May 2007 to May 2009, Carrfour has acquired two properties and rehabilitated 100 housing units for use as rental housing in support of local efforts to expand affordable housing and stabilize neighborhoods. Specific activities are as follows: • Ospre~partments Through competitive process, the City of Miami has awarded Carrfour title to a City- City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 12 of 39 7/9/09 Draft owned parcel of land specifically for affordable housing development. The request for proposals was issued by the City as part of its effort to liquidate underutilized land, create affordable housing and stabilize the Liberty City area, which has suffered greatly from foreclosures, blighted structures, and lack of development. In the course of its feasibility study, Carrfour determined that additional land would be needed to make the housing project financially feasible. Subsequently, Carrfour secured site control of two (2) adjacent parcels of land through purchase agreement. Osprey Apartments will be a new construction, 90-unit development, serving low- income and formerly homeless residents. Carrfour has already obtained $1 million in local government funding and will submit an application for tax credits upon title transfer of the City-owned parcel. • Royalton Placed into service in October 2008, the Royalton is a 100-unit historic restoration in the Downtown area of the City of Miami. This restoration has resulted in the preservation of 80 units of permanent supportive rental housing for formerly homeless individuals impacted by disabilities and 20 affordable rental housing units. Carrfour developed this project in partnership with the Carlisle Group. Together, Carrfour and Carlisle acquired the land, assembled the financing and managed the construction of this historic development. The following financing was used to complete this development. Capital Sources FHFC LIHTC $9,182,171 FHFC SAIL 3,000,000 Miami-Dade County Surtax 2,250,000 City of Miami HOME 1,450,000 Florida Homeless Housing Assistance Grant 750,000 Miami Dade County HOME 880 000 Deferred Developer Fee 1,080993 Total $18, 593,164 • Affirmative Marking Experience Carrfour utilizes an affirmative fair housing marketing plan in keeping with the U.S. Department of Housing and Urban Development's guidelines to ensure that its housing is offered to potential residents in a nondiscriminatory manner. This includes advertisement in local newspapers as well as with public housing agencies. • Pronerty Management Experience Carrfour is different from other not-for-profit organizations addressing the homeless issue in that it is a housing developer, a service provider, and property manger. City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 13 of 39 7/9/09 Draft • Cooperative Relationships with Other Organizations Throughout its existence Carrfour has worked with various other organizations in the development of housing and provision of social services. Because it is also a nonprofit, Carrfour's mission to serve the Miami-Dade community often easily falls in step with the mission of its partners. It is currently partnering with Tacolcy Economic Development Corporation in the development of Parkview Gardens. Parkview Gardens will be a 60 unit affordable housing development in the Liberty City area of Miami. It is also finalizing a partnership to develop a South Dade property owned by the Church of God. Finally, Carrfour has or is currently partnering with the following social services organizations: Community Partnership for the Homeless, Volunteers of America, James E. Scott Community Association, Inc., Bayview Center, and Tools for Change. b. (1) Management structure City of Miami Beach Management Structure and Key Staff The City's Housing and Community Development Division will manage NSP2. The Division's key management staff for NSP2 are as follows: [INSERT) A copy of the Division's organizational chart can be found in Appendix _ to this application. MBCDC Management Structure and Key Staff MBCDC's key management staff for NSP2 activities are as follows: Roberto Datorre, President /CEO, will be responsible for representation of the organization within the Consortium. Mr. Datorre will provide executive leadership and overall management of the organization. Mr. Datorre will provide special expertise for NSP2 in real estate transactions and development projects. Karl D. Kennedy, Vice President Housing Programs, will provide senior leadership to the organization in development, implementation and monitoring of all housing programs. Mr. Kennedy will provide special services related to development project financial scenarios and manage relationships with funding partners. Donald M. Tomlin, CFO /COO, serves as Chief Operation Officer and Chief Financial Officer. He will maintain the capacity of the organization to meet excellent standards of financial management, provide appropriate financial reports to fenders, board of directors, management, and project personnel. Manuel Forero, Project Director, will provide project coordination and construction management services. He will undertake and/or supervise management of all City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 14 of 39 7/9/09 Draft architectural and construction contracts. He will ensure compliance with all Housing Quality Standards. Denis A. Russ, Community Development Director, will serve as special resource to the NSP2 Project Team in planning and implementation. He will provide outreach into the community to align organization efforts with community priorities. He will provide special linkage of housing development and physical improvement programs with economic and social environment. A copy of MBCDC's organizational chart can be found in Appendix _ to this application. MDAHF Management Structure and Key Staff MDAHF's key management staff for NSP2 activities are as follows: Opal Jones, as Executive Director of the Foundation, will be responsible for formal representation of the Foundation within the Consortium and will provide overall supervision and executive leadership for MDAHF's NSP2 financial mechanism activities. Ms. Jones brings over 20 years of executive experience in the public sector working on housing issues, managing communications, planning, developing operations as well as constituent relations for elected officials at the county, state and federal levels. Milli Membiela, Lending Director /Loan Officer will provide focused attention to the project on a day to day basis and will supervise other Loan Officers in their work. Ms. Membiela has over 30 years experience in the real estate /mortgage industry, including acquisition, rehabilitation, home ownership counseling, underwriting, accessing various funding components and the ability to develop policies and procedures. Shrita Laster and Sharon German will act as Loan Officer and Home Buyer Club Coordinator, respectively, in providing services under the Consortium Program and Agreement. Ms. Laster is a graduate of the Fannie Mae Mortgage Finance Program at Miami-Dade College and is a certified trainer in Homebuyer Education and Counseling Services by the Neighborhood Reinvestment Training Institute. Ms. German coordinates the First Time Homebuyer Education Workshops and the 8-hour certification classes for County employees, public housing residents and the General Public. She is a certified trainer by Neighborhood Reinvestment and the National Federation of Housing Counselors and Agencies. A copy of MDAHF's organizational chart can be found in Appendix _ to this application. Carrfour Management Structure and Key Staff Carrfour's key management staff for NSP2 activities are as follows: Stephanie Berman, Carrfour's President, will represent Carrfour within the Consortium and will provide overall management for Carrfour's NSP2 activities. Ms. Berman has a Master's Degree from Harvard University in administration, planning and social policy. City of Miami NSP2 Consortium Neighbort~ood Stabilization Program 2 (NSP2) Application Page 15 of 39 7/9/09 Draft Ms. Berman previously served as the Director of Emergency Shelter Services for the Children's Home Society. Additional key staff will include Doug Mayer, Carrfour's Vice President of Housing, and John Harris, who provides daily management of Carrfour's housing development projects. Mr. Mayer has over 11 years of real estate development experience. He has previously served as Vice President of Development at Jubilee Community Development Corporation. He has successfully developed affordable condos for sale, apartments for the elderly under HUD's Section 202 program and housing for the homeless with Carrfour. Mr. Harrison has over 30 years diverse experience in all phases of project construction, design development and project delivery. John also has a solid background in start ups, business development, operations, strategic planning and sales. A copy of Carrfour's organizational chart can be found in Appendix _ to this application. (2) References. City of Miami Beach: Maria Ortiz, Director, Community Planning & Development Division U.S. Department of Housing and Urban Development Phone: (305) 520-501 S Email: Maria.R.Ortiz(c~hud. ov Aida Andujar Technical Advisor -SHIP Florida Housing Coalition Office - 954-252-4898 Fax - 954-252-4930 Cell phone - 954-593-8988 E-mail - andujarna,flhousing.org MBCDC Ignacio Esteban Executive Director Florida Community Loan Fund 3107 Edgewater Dr., Suite 2 Orlando, Florida 32804 T-407-246-0846 iesteban~a fclf.org City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 16 of 39 7/9/09 Draft Shalley Jones Horn, Director OCED Miami-Dade County 701 NW First Court, 14`" Floor Miami, Florida 33136 T-786-469-2100 s j horn(a~miamidade. gov Professor Ned Murray Florida International Univ. Metropolitan Center 150 SE 2nd Avenue, Suite 500 Miami, Florida 33131 T-305-3491441 murrain ,fiu.edu MDAHF: Patricia Braynon, Director Miami-Dade Housing Finance Authority 7300 NW 19 Street, Suite 501 Miami, Florida 33130 305.594.2518 -Office 305.392.2722 -Fax ~j(a,miamidade.gov Representative Kendrick B. Meek United States Congress 1039 Longworth House Office Building Washington, DC 20515 Phone: 202-225-4506 Fax: 202-226-0777 Carrfour: George Mensah Director City of Miami Department of Community Development 444 SW 2"d Avenue, 2"d Floor Miami, Florida 33130 (305) 416-1765 ~mensah(a,miami gov. com Steve Smith Enterprise Community Investment, Inc. 10227 Wincopin Circle, Suite 800 Columbia, MD 21044 (410) 772-2723 ssmithna,enterprisecommunity com City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 17 of 39 7/9/09 Draft 3. RATING FACTOR 3: SOUNDNESS OF APPROACH a. Proposed Activities (1) Overall Neighborhood Stabilization Program Description The Consortium proposes three strategies to address stabilization of the target geographies' housing market and achieve long-term economic benefits. These NSP2- eligible strategies are: Provide soft second mortgage and closing cost assistance for the purchase of foreclosed-upon homes, particularly condominiums, by low- and moderate-income homebuyers. Homebuyers also will receive homebuyer counseling. • Acquire and rehabilitate foreclosed-upon homes or residential properties for rent to income eligible households. ~ Redevelop vacant properties for use as rental housing. All three NSP2 strategies expand upon ongoing efforts to address the detrimental impact of the foreclosure crisis in the City of Miami Beach. The City of Miami has committed $656,261.45 toward down payment and closing cost assistance for homebuyer purchases of foreclosed-upon homes through an award of SHIP funds to MBCDC. The City received $2,549,511 million in NSP1 funds through competitive process from the State of Florida. These NSP1 funds are being directed toward acquisition and rehabilitation of foreclosed-upon or abandoned multi-family property for use as rental housing for low- income households with incomes at or below 50% of AMI. As discussed above under Factor 1 - Need/Extent of Problem, the proposed use of NSP2 funds will allow more rapid stabilization of the housing market. Requested NSP2 funds will provide for the placement back into service of approximately 100 units of foreclosed-upon housing in the City of Miami Beach. With this funding, the number of months of inventory of abandoned and foreclosed homes (condominiums) will be eleven (11) months in June 2012. Without NSP2 funding, the inventory is not projected to be eleven months until July 2013. As of July 2012, NSP2 funds will allow a 7.88% absorption rate compared to only a 5.54% absorption rate without NSP2 funding. The Consortium will assist sixty-five (65) low- and moderate-income households purchase foreclosed-upon homes, including condominium units, in the City of Miami Beach by providing them with soft-second mortgage and closing cost assistance, along with homebuyer counseling. The Consortium also will acquire and rehabilitate at least thirty-five (35) abandoned or foreclosed-upon units of housing for use as rental housing. Some of this stock is expected to be acquired through purchase of multi-family property with the balance acquired through purchases of individual condominium units on scattered-site basis. By City of Miami NSP2 Consortium Neighbort-ood Stabilization Program 2 (NSP2) Application Page 18 of 39 7/9/09 Draft setting aside at least thirty-five of these units for affordable rental housing, the NSP2 effort will go beyond existing initiatives to preserve affordable rental housing in the City of Miami Beach, by, in some cases, allowing reclamation of rental housing stock that was converted into condominium housing during the most recent housing boom. Not only will these proposed NSP2 strategies serve to speed up absorption of foreclosed- upon property, the strategies also will stem deterioration of housing stock and neighboring property values while promoting long-term economic benefit. Since the primary form of housing stock in Miami Beach is the condominium, foreclosure in this type of homeownership structure is adversely impacting the wholesale condition of multiple housing units within single buildings. It is also causing a downward pull on property values of surrounding properties. Condominium associations are experiencing severe difficulty in maintaining their properties due to the loss of maintenance fees and assessments, a direct consequence of the foreclosure crisis. Stabilizing condominium buildings through the purchase of one-hundred (100) foreclosed-upon units, the NSP2 strategy will promote properly-funded condominium associations, which will expend funds on maintenance and other amenities. This will protect the housing stock and neighboring property values. It will also support local businesses that service these properties, thus providing long-term economic benefit. NSP2 funds also will be directed toward redevelopment of two vacant structures for use as affordable rental housing. This activity will address the City's affordable rental housing retention efforts for its labor force as well as its goal to increase permanent supportive housing for homeless persons. NSP2 funds will allow completion of two MBCDC rehabilitation projects that are experiencing gaps in financing. Allen House Apartments, a former old hotel, will provide 39 units of rental housing, affordable to workers in the hotel, restaurant, retail and cultural arts industries as well as the elderly. This NSP2 activity promotes the City's efforts to retain the workforce needed for its local economy through redevelopment of properties into affordable rental housing. The City's economy is primarily tourist-based. Due to service industry wages, there is an unmet need in the City of Miami Beach for housing with very affordable rents. Long- term economic benefit will result by increasing the number of rental housing units affordable to service industry workers. 'The City of Miami Beach has awarded the Allen project $3,469,347 in redevelopment funds, $660,750 in HOME funds, $273,106 in SHIP funds and $159,684 in CDBG funds. The State of Florida also awarded the project $750,000 Elderly Housing Community Loan. However, a $500,000 financing gap remains. Meridian Place Apartments is part of an effort to generate permanent supportive housing for homeless persons within the City of Miami Beach and Miami-Dade County. Meridian Place will provide 34 units of affordable permanent housing to formerly homeless elderly. It has been awarded $ 2,599,992 in City of Miami Beach Home funds, $1,500,000 in City of Miami redevelopment funds, $1,379,395 in Miami-Dade County Surtax funds, a $1,000,000 Florida Housing Finance Corporation Demonstration Loan and $230,124 in CDBG facade funds. Meridian Place has a $1,000,000 financing gap. City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 19 of 39 7/9/09 Draft (2)(a) Uses of funds and firm commitments Activi A -Home Purchase Financin Mechanisms NSP2 Eligible Use Establish financing mechanisms for purchase of foreclosed upon homes in the form of soft-second mortgage loans and closing costs for low- and moderate-income homebuyers. Public services for housing counseling limited to prospective recipients of financial assistance towards purchase of foreclosed-upon homes. Budgeted Amount NSP2 Funds: $6,600,000 CDBG Eligible Direct Homeownership Assistance - 24 CFR 570.201(n) Activity Type Public Services for Housing Counseling - 24 CFR 570.201(e) Responsible Planning and Administration Entities City of Miami Beach Anna Parekh, Director Office of Real Estate, Housing and Community Development 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7000, ext. 6471 Program Implementation and Delivery Miami Beach Community Development Corporation Roberto Datorre, President 945 Pennsylvania Avenue 2nd Floor Miami Beach, Florida 33139 (305) 538-0090 Miami-Dade Affordable Housing Foundation, Inc. Opal A. Jones, Executive Director 19 W Flagler St # 311 Miami, FL 33130-4405 (305) 373-9750 City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 20 of 39 7/9/09 Draft Activi B -Purchase and Rehabilitation NSP2 Eligible Use Purchase and rehabilitation of homes and residential properties that have been abandoned or foreclosed-upon in order to sell or rent such homes or properties. Budgeted Amount NSP2 Funds: $6,900,000 CDBG Eligible Acquisition - 24 CFR 570.201(a) Activity Type Rehabilitation and preservation - 24 CFR 570.202 Responsible Planning and Administration Entities City of Miami Beach Anna Parekh, Director Office of Real Estate, Housing and Community Development 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7000, ext. 6471 Pro rg_am Implementation and Delivery Miami Beach Community Development Corporation Roberto Datorre, President 945 Pennsylvania Avenue 2nd Floor Miami Beach, Florida 33139 (305) 538-0090 Carrfour Supportive Housing Stephanie Berman, President 2828 Coral Way Suite 500 Miami, FL 33145 (305) 371-8300 City of Miami NSP2 Consortium Neighbort-ood Stabilization Program 2 (NSP2) Application Page 21 of 39 7/9/09 Draft Activi E - Redevelo ment of Vacant Pro erties as Housin . NSP2 Eligible Use Redevelopment of vacant properties as housing. Budgeted Amount NSP2 Funds: $2,000,000 CDBG Eligible Eligible rehabilitation and preservation activities for Activity Type demolished or vacant properties - 24 CFR 570.202 Responsible Planning and Administration Entities City of Miami Beach Anna Parekh, Director Office of Real Estate, Housing and Community Development 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7000, ext. 6471 Program Implementation and Delivery Miami Beach Community Development Corporation Roberto Datorre, President 945 Pennsylvania Avenue 2nd Floor Miami Beach, Florida 33139 (305) 538-0090 Carrfour Supportive Housing Stephanie Berman, President 2828 Coral Way Suite 500 Miami, FL 33145 (305) 371-8300 City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 22 of 39 7/9/09 Draft Budget Summary NSP- Activity NP2 Funds Leverage Projected Eligible Units Strate Activity A Soft-second mortgage and closing cost SHIP: assistance; $6,600,000 $656 261.45 65 homebuyer , counseling Activity B Rehabilitate abandoned or foreclosed-upon homes or $6,900,000 0 35 residential properties for rent. Activity E Redevelopment Miami Beach RDA: of vacant $4,969,347 property for housing. Miami-Dade County Surtax: $1,379,395 FHFC Demonstration Loan: $1,000,000 $2,000,000 73 Bank Financing: $834,731 State of Florida Elderly CommunitX Housin Loan: $750,000 SHIP: $273,106 Program $1 800 000 0 - administration , , Total Funds: $17,300,000 $9,862,840 - City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 23 of 39 7/9/09 Draft (2)(b) Narrative Description of Activities NSP2 Activity A -Financing Mechanisms Working with private first lenders, Consortium members MBCDC and MDAHF will provide access to homebuyer financing and counseling using NSP2 funding leveraged with City of Miami Beach SHIP Program funds. Soft-second mortgage loans and closing cost assistance will be made available to at least sixty-five (65) eligible homebuyers to purchase foreclosed-upon homes (including condominium units) city-wide with special emphasis in the northern part of Miami Beach. Buyers will be required to complete a minimum of eight hours of homebuyer counseling to receive such financial assistance. Soft-second loans will be in the form of a maximum 15-year fixed-interest mortgage with 0% interest and no monthly payments. The mortgage will be forgiven if the homebuyer occupies the home as their principal residence for the full term of the mortgage. In the event that the homebuyer sells or refinances the home, the homebuyer will be required to share any profits with the City of Miami Beach in accordance with the City's SHIP Program provisions. NSP2 Activity B -Purchase and Rehabilitation of Abandoned or Foreclosed-Upon Properties for Use as Rental Housing Consortium members MBCDC and Carrfour will acquire and rehabilitate at least thirty- five (35) abandoned or foreclosed-upon units of housing. Some of this stock is expected to be acquired through purchase of multi-family property with the balance acquired through purchases of individual condominium units on scattered-site basis. A minimum of 25% of NSP2 funds awarded to the Consortium will be used to acquire and rehabilitate residential properties for rent to households at or below 50% of AMI. Accordingly, a proportionate number of units will be restricted to households at or below 50% of area median income ("AMI"). The Consortium will seek properties throughout the City of Miami Beach with a special emphasis on locating properties in the northern part of the City of Miami Beach. Moderate rehabilitation will require Energy Star-labeled appliances and lighting as well as other green features to the extent financially feasible. Gut rehabilitation under this activity is not anticipated, however, if such activity is undertaken, such renovation will be required to exceed Energy Star Qualified New Homes standards. NSP2 Activity E - Redevelopment of Vacant Properties as Rental Housing With the technical assistance of Carrfour, NSP2 funds will be directed toward MBCDC's rehabilitation of two vacant properties for use as rental housing that are experiencing gaps in financing. NSP2 funds will allow completion of their redevelopment. City of Miami NSP2 Consortium Neighbort~ood Stabilization Program 2 (NSP2) Application Page 24 of 39 7/9/09 Draft Allen House Apartments will provide 39 units of rental housing, affordable to workers in the hotel, restaurant, retail and cultural arts industries as well as the elderly. A portion of these units will be set-aside for households at 50% or less of AMI. Tenancy will be subject to annual leases. The City of Miami Beach has awarded the Allen project $3,469,347 in redevelopment funds, $660,750 in HOME funds, $273,106 in SHIP funds and $159,684 in CDBG funds. The State of Florida also awarded the project $750,000 Elderly Housing Community Loan. However, a $500,000 financing gap remains. The project commenced construction in Mazch 2009 and is at 35% complete. Meridian Place Apartments is part of an effort to increase permanent supportive housing for homeless persons within the City of Miami Beach and Miami-Dade County. Meridian Place will provide 34 units of affordable housing to formerly homeless elderly. These units will serve households at or below 50% of AMI. Tenancy will be subject to annual leases. The project has been awazded $ 2,599,992 in City of Miami Beach Home funds, $1,500,000 in City of Miami redevelopment funds, $1,379,395 in Miami-Dade County Surtax funds, a $1,000,000 Florida Housing Finance Corporation Demonstration Loan and $230,124 in CDBG facade funds. Meridian Place has a $1,000,000 financing gap. The facade work and interior gut demolition has been completed. The rehabilitation work is scheduled to go out to bid this July 2009 with notice to proceed projected for September 2009. Gut rehabilitation will be required to exceed Energy Star Qualified New Homes standazds. (2)(c) Leveraging A total of $9,862,840 in firm commitments is provided as leverage under this application. The City of Miami Beach has committed $656,261.45 toward down payment and closing cost assistance for homebuyer purchases of foreclosed-upon homes through an award of SHIP funds to MBCDC. Additional leverage is provided in the form of non-federal committed funds awarded to the redevelopment of two vacant structures for use as rental housing, Allen House Apartments and Meridian Place as follows: City of Miami Beach RDA: $4,969,347 Miami-Dade County Surtax: $1,379,395 FHFC Demonstration Loan: $1,000,000 Bank Financing Commitments: $ 834,731 State of Florida Elderly Community Housing Loan: $ 750,000 SHIP: $ 273,106 City of Miami NSP2 Consortium Neighbort-ood Stabilization Program 2 (NSP2) Application Page 25 of 39 7/9/09 Draft Evidence of firm commitments can be found as Appendix _ to this Application. (2)(d) Demolition and Preservation. The Consortium will not be conducting any demolition activities with NSP2 funds or in connection or coordination with NSP2 activities. b. Project Completion Schedule [KARL KENNEDY -schedule must track milestones by months, but take into account that 50`% of the funds must be spent within first 24 months with balance by the third year; also 2.5%~ of total funds must benefit households at 50%AMI of less] NSP Activity Responsible Month Tasks Expected Entities Outcome Activity A - MBCDC 65 foreclosed- Financing upon homes Mechanisms MDAHF purchased with NSP2 assistance. All homebuyers will receive minimum of 8 hours of home- buyer counseling. Activity B: MBCDC 35 rental units Acquisition and Carrfour Rehabilitation Activity E: MBCDC 73 rental units Redevelopment of Vacant Carrfour Pro er c. Income targeting for 120 percent and 50 percent of median A minimum of 25% of NSP2 funds awarded will be used toward (1) the acquisition and rehabilitation of abandoned or foreclosed-upon homes or residential properties for use as rental housing and (2) redevelopment of vacant properties for use as rental housing. Accordingly, a proportionate number of units will be restricted to households at or below 50% of area median income ("AMI"). The balance of NSP2 funds expended under this application will benefit only households with incomes at or below 120% of AMI. City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 26 of 39 7/9/09 Draft d. Continued affordability Homebuyer Financial Assistance: The NSP2 financing mechanism to assist income-eligible households purchase foreclosed-upon homes is designed to encourage the purchaser to remain in the home for at least fifteen years. NSP2-funded soft-second loans will be in the form of a 15- year fixed-interest mortgage with 0% interest and no monthly payments. The mortgage will be forgiven if the homebuyer occupies the home as their principal residence for the full term of the mortgage. In the event that the homebuyer sells or refinances the home, the homebuyer will be required to share any profits with the City of Miami Beach in accordance with City's SHIP Program provisions. Rental Housing: Properties acquired with NSP2 funds and used for rental housing will be subject to recorded restrictive covenants and rent regulatory agreements to be enforced by the City of Miami Beach that will include the restrictions below to ensure continued affordability. 1. Income-eligibility requirements for tenancy (i.e. some units will be restricted to households at 50% or less of AMI and no unit may be occupied by households with incomes greater than 120% of AMI); 2. Rents must remain affordable as defined in Appendix _ to this Application; and 3. The term of the affordability shall not be less than thirty years. e. Consultation, outreach, communications Consultation: The City of Miami Beach has jurisdiction over the target geographies and, as the lead applicant for the Consortium, has been directly involved in developing the NSP2 proposal. The City of Miami Beach will be the grantee under contract with HUD if the Consortium is awarded NSP2 funds under this application. The City of Miami Beach also received NSP 1 funds from the State of Florida through competitive process. The City of Miami Beach maintains regular communication with Miami-Dade County, the county in which the City of Miami Beach is located. Miami-Dade County received a direct allocation of NSP1 funds. Outreach: MDAHF and MBCDC currently provide homebuyer counseling to residents of the City of Miami Beach as well as persons residing throughout Miami-Dade County. A NSP2 marketing campaign will be directed toward persons seeking such counseling to identify qualified income-eligible households who may be seeking homebuyer financial assistance. The financial assistance program also will be marketed to local banks, including those REOs with properties in Miami Beach and the brokers who are assisting in marketing such properties. NSP2 programming also will be widely promoted through CITY OF MIAMI. BEACH CHANNELS OF PROMOTION -ANNA]. MBCDC and MDAHF will continually work with first mortgage lenders to refine underwriting and closing processes to remove any delays in the purchase of foreclosed-upon homes and expenditure of NSP2 funds. MBCDC and Carrfour currently own and operate affordable rental housing within the City of Miami Beach. As these Consortium members' housing developments have received federal funds, the members have substantial experience in implementing affirmative marketing plans. In City of Miami NSP2 Consortium Neighbort-ood Stabilization Program 2 (NSP2) Application Page 27 of 39 7/9/09 Draft addition, these agencies currently have waitlists comprised of households at or below 50% of AMI. Communication of Program Policies and Accomplishments: Program policies for homebuyer financial assistance, such as eligibility criteria, homebuyer counseling requirements, terms of assistance, property due diligence, loan underwriting and closing processes, will be in writing and made available to any interested party upon request. Rental housing program policies governing affirmative marketing, application and waitlist processing, lease-up and eviction will be in writing. Rental leases and house rules will be in writing. Interested parties may receive a copy of such policies upon request. The City of Miami Beach staff on behalf of the Consortium will provide reports on performance and expenditures to the City of Miami Beach Commission. Complaints: The City of Miami Beach responds to citizen complaints promptly, well within fifteen working days. Generally, complaints are addressed via telephone call the same day. If necessary, follow-up correspondence is utilized to provide or solicit additional information. As a NSP2 program policy, if a Consortium member receives a written complaint concerning its NSP2 activities, it will be required to promptly investigate the complaint and respond to the complaint in writing within fifteen working days. A copy of the complaint and the Consortium member's response must be forwarded to the City of Miami Beach and the other members of the Consortium. f. Performance and monitoring The City of Miami Beach has been designated by Consortium members to serve as the internal auditor to carry out internal audits of NSP2 activities. The City of Miami Beach is an Entitlement Jurisdiction and receives an annual allocation of Community Development Block Grant (CDBG) funds. The City will utilize its current CDBG Program monitoring policies and procedures, as may be modified by NSP2 notices, to ensure that NSP2 activities are conducted in accordance with CDBG regulations as set forth in 24 CFR Part 570, as appropriate, and HUD notices governing the CDBG Program and NSP2. Utilizing risk- based assessments on an on-going basis, immediate corrective action can be taken if a Consortium member is found to be noncompliant. ([N~SERT the positions responsible for internal audit]. City of Miami NSP2 Consortium Neighborfiood Stabilization Program 2 (NSP2) Application Page 28 of 39 7/9/09 Draft 4. RATING FACTOR 4: LEVERAGING OTHER FUNDS, OR REMOVAL OF SUBSTANTIAL NEGATIVE EFFECTS a. Leverage. A total of $9,862,840 in firm commitments is provided as leverage under this application. The City of Miami Beach has committed $656,261.45 toward down payment and closing cost assistance for purchases of foreclosed-upon homes through an award of SHIP funds to MBCDC. Additional leverage is provided in the form of non-federal committed funds awarded to the redevelopment of two vacant structures for use as rental housing, Allen House Apartments and Meridian Place as follows: City of Miami Beach RDA: $4,969,347 Miami-Dade County Surtax: $1,379,395 FHFC Demonstration Loan: $1,000,000 Bank Financing Commitments: $ 834,731 State of Florida Elderly Community Housing Loan: $ 750,000 SHIP: $ 273,106 Evidence of firm commitments can be found as Appendix _ to this Application. b. Removal of destabilizing influences. The City of Miami Beach and its Consortium members do not have sufficient information to undertake this calculation. 5. RATING FACTOR 5: ENERGY EFFICIENCY IMPROVEMENT AND SUSTAINABLE DEVELOPMENT FACTORS a. Transit accessibility. All target areas under this application are currently transit accessible as they are in census tracts with convenient bus service (local bus service every 20 minutes during rush hour or an express commuter bus). A map of bus routes is provided in Appendix _. The City of Miami Beach does not have rail service. However, the bus system directly links City of Miami Beach residents to a County Metro Mover Station in the City of Miami, which links to the County's Metro Rail system as well as to the tri-county rail system. All of the target geographies have good access to transit that does not require daily private automobile usage for commuting within the City or to regional employment centers. b. Green building standards. Moderate rehabilitation will require Energy Star-labeled appliances and lighting as well as other City of Miami NSP2 Consortium Neighbort-ood Stabilization Program 2 (NSP2) Application Page 29 of 39 7/9/09 Draft green features to the extent financially feasible. Gut rehabilitation will be required to exceed Energy Star Qualified New Homes standards. c. Re-use of cleared sites. Not applicable. d. Deconstruction. Not applicable. e. Other Sustainable Development Practices. Rehabilitation of properties acquired for use as rental housing will incorporate the following sustainable development practices: • Sustainable Landscaping -Plants appropriate to the site's soil and microclimate will be used. • Energy Efficient Landscaping - To extent possible on the developed sites, shade trees will be planted. • Healthy Flooring Materials -where flooring replacement is required, non-vinyl, non- carpet floor coverings will be used. • Tub and shower enclosures: Moisture Prevention. In the event that bathrooms require shower or tub replacement, one-piece fiberglass or similar enclosure will be used. • Sealing Joints -All walls, floor and joint penetrations will be inspected and sealed to prevent pest entry; large openings will be covered with copper or stainless steel mesh to avoid rodent intrusion or corrosion by the elements. 6. RATING FACTOR 6: NEIGHBORHOOD TRANSFORMATION AND ECONOMIC OPPORTUNITY [INSERT -KEVIN] City of Miami NSP2 Consortium Neighbort-ood Stabilization Program 2 (NSP2) Application Page 30 of 39 7/9/09 Draft CITY OF MIAMI BEACH NSP2 CONSORTIUM NSP2 APPLICATION DISCLOSURE FORMS City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 31 of 39 7/9/09 Draft CITY OF MIAMI BEACH NSP2 CONSORTIUM NSP2 APPLICATION CERTIFICATIONS City of Miami NSP2 Conso-tium Neighborhood Stabilization Program 2 (NSP2) Application Page 32 of 39 7/9/09 Draft CITY OF MIAMI BEACH NSP2 CONSORTIUM LIST OF APPENDICES Appendix A -Consortium Agreement [TO BE REVIEWED BY MEMBERS] Appendix B -Evidence of Consortium Members' Nonprofit and Tax-Exempt Status [NEED CITY AND MBCDC] Appendix C -Summary of Citizens Comments [PENDING COMMISSION MTG] Appendix D -Organizational Charts for Lead Applicant and Consortium Members Appendix E -Management Chart for Consortium [ALICIA] Appendix F - Evidence of Funding Commitments: [NEED FOR MERIDIAN AND ALLEN -SEE LIST IN CHART] Appendix G -Definitions of "Affordable Rents" and "Blighted Structure" Appendix H -Map of City of Miami Beach Bus Routes [KEVIN] Appendix I -City of Miami Beach Code of Conduct Appendix J - Calculation of Removal of Negative Effects [KEVIN] Appendix K -Description of Housing Rehabilitation Standards [ANNA] City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 33 of 39 7/9/09 Draft APPENDIX _ DEFINITIONS "Affordable Rents" shall be HOME program standards found at 24 CFR 92.252(a) and (c), meaning the Maximum Allowable High HOME Rents as published by HUD from time to time. These rents also include utilities. If the tenant pays utilities, a utility allowance must be subtracted from the maximum allowable rent to determine the maximum contract rent. Utility allowances shall be calculated as they are currently calculated for housing projects funded under the City's HOME program. "Blighted Structure" means a structure that exhibits objectively determinable signs of deterioration sufficient to constitute a threat to human health, safety, and public welfare. City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 34 of 39 7/9/09 Draft APPENDIX CITY OF MIAMI BEACH CODE OF CONDUCT ARTICLE VII. STANDARDS OF CONDUCT Sec. 2-446. Declaration of policy. It is the policy of the city commission that no officer or employee of the city, or any of its agencies or subdivisions, and no member of the city commission, shall have any interest, financial or otherwise, direct or indirect, or engage in any business transaction, or professional activity, or incur any obligation of any nature that is in substantial conflict with the proper discharge of his duties in the public interest. To implement such policy and strengthen the faith and confidence of the people of the city in their government, there is enacted a code of ethics, setting forth standards of conduct to be observed by all city officers and employees in the performance of their official duties. It is the intent of the city commission that this code shall serve not only as a guide for official conduct of public servants in this city, but also as a basis for discipline of those who violate the provisions of this article. (Code 1964, § 2-43) Sec. 2-447. Penalties for violation of division. Violation of any provision of this division shall constitute grounds for dismissal from employment, or removal from office, or other penalty as provided by law. (Code 1964, § 2-47.2) Sec. 2-448. Restriction on employment and appointment of city commission relatives. (a) No relative of any member of the city commission may be appointed, employed, promoted or advanced in or to a position in the city if the city commission exercises jurisdiction or control over the appointment, employment, promotion or advancement. (b) Relative means an individual who is related to any member of the city commission as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister. (Ord. No. 94-2912, 3-16-94) Sec. 2-449. Acceptance of gifts, favors, services. No officer or employee of the city shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. (Code 1964, § 2-44(1)) Sec. 2-450. Disclosure of interest in business entity. (a) If a public officer or employee of the city directly or indirectly (via participation in any type of business entity) has or holds any employment or contractual relationship with any other City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 35 of 39 7/9/09 Draft business entity which the officer or employee knows or with the exercise of reasonable care should know, is doing business with the city, and which relationship is otherwise permissible under state and county ethics law, he/she shall file a sworn statement with the city clerk disclosing, (consistent with relevant privilege exemptions) the specific nature of employment and interest in such business entity as well as commencement date of the subject employment or contractual relationship and (if applicable) term of such relationship. The city clerk shall publish logs on a quarterly basis reflecting the disclosure forms referenced herein. (b) Definitions. Business entity means any corporation, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named or not. Contractual relationship shall exclude situations in which a person's shareholder interest in a publicly-traded company is less than five percent. (c) Penalty. A violation of this section shall subject a person to a hearing before the special master, with a fine in an amount authorized under section 30-74 of this Code. (d) Regardless of the requirements of subsection (a) hereinabove, the validity of any action or determination of the city commission or city personnel, board or committee shall not be effected by the failure of any person to comply with said disclosure provisions. (Code 1964, § 2-44(2); Ord. No. 2000-3272, § 1, 9-27-00) Sec. 2-451. Use of position to secure special privileges. (a) No officer or employee of the city shall use or attempt to use his official position to secure special privileges or exemptions for himself or others, except as may be otherwise provided by law. (b) No officer or employee of the city shall use or attempt to use his official position to solicit potential clients or customers (including city officers, employees or any other city personnel) for the officer or employee's private business. (Code 1964, § 2-44(3); Ord. No. 2008-3607, § 1, 6-25-08) Sec. 2-452. Disclosure of confidential information. (a) No officer or employee of the city shall accept employment or engage in any business or professional activity that he might reasonably expect would require or induce him to disclose confidential information acquired by him, by reason of his official position. (b) No officer or employee of the city shall disclose confidential information gained by reason of his official position, nor shall he otherwise use such information for his personal gain or benefit. (Code 1964, § 2-44(4), (5)) City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 36 of 39 7/9/09 Draft Sec. 2-453. Outside employment. (a) No officer or employee of the city shall accept other employment that might impair his independence of judgment in the performance of his public duties. (b) No officer or employee of the city shall receive any compensation for his services from any source other than the city of which he is an employee, except as otherwise provided by law. (c) No person holding the office of municipal judge of the city shall accept any professional employment, or appear as an attorney in any cause, matter or proceeding, in the county court, in and for the county, when he knows or may be reasonably expected to know that a police officer or other officer or employee of the city will be a party or witness in such cause, matter or proceeding in such county court. (Code 1964, § 2-44(6)--(8)) Sec. 2-454. Transacting business with business entities in which employee or officer has interest; restrictions on personal investments. (a) No officer or employee of the city shall transact any business in his official capacity with any business entity of which he is an officer, director, agent or member, or in which he owns a controlling interest. (b) No officer or employee of the city shall have personal investments in any enterprise that will create a substantial conflict between his private interests and the public interest. (Code 1964, § 2-45) Sec. 2-455. Procedure by officer or employee when in doubt as to applicability of division. When any officer or employee of the city is in doubt as to the application of this division as to himself, he may submit to the attorney general a full written statement of the facts and questions he has. The attorney general may then render an opinion to such person, and shall publish these opinions without use of the name of the person advised unless such person requests the use of his name. (Code 1964, § 2-47) Sec. 2-456. Division not to prevent officer or employee from accepting other employment. It is not the intent of this division, nor shall it be construed, to prevent any officer or employee of the city from accepting other employment or following any pursuit that does not interfere with the full and faithful discharge by such officer or employee of his duties to the city. (Code 1964, § 2-47.1) Sec. 2-457. Voidability of prohibited transactions; procedure upon reports of violations. (a) Void and voidable transactions. Any contract, agreement or business engagement entered into in violation of this division shall render the transaction void where so provided in the Charter; otherwise, the same shall be voidable. Willful violations of this division shall constitute City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 37 of 39 7/9/09 Draft a malfeasance in office, whether elected or appointed, and shall effect forfeiture of such office or position pursuant to the method set forth in this division. (b) Charges and hearings. (1) Any classified employee of the city accused of a violation of the provisions of this division shall be removed as such employee by his appointing officer if, after investigation by such appointing officer, such accusation appears to be true. Written charges shall be preferred against such employee, as provided for by the personnel rules of the city. (2) In the event of an alleged violation of this article by an officer or official or appointed member of commission or agency or employee other than a classified employee, full written specifications of the alleged violation shall be sworn to by the person making such charges, and duly submitted to the city commission. The city commission shall determine if there exists a prima facie and bona fide alleged violation of this division by a majority vote of the city commission; except that, if the alleged violation touches or concerns a member of the city commission, such member shall be disqualified from participating in such determination, and the vote required shall be five-sixths of the remaining members of the city commission. (3) If such charges appear to constitute a violation of this division by such vote of the city commission, the written specifications constituting such alleged violation shall be served upon the person so charged, and the city commission shall set a public hearing not less than 15 days thereafter for a determination of the validity of such charges. If, upon competent evidence presented to the city commission at such hearing, the charges are substantiated, and it appears that this division has been violated, the city commission, by a majority vote of all its members, except where the person charged is a member of the city commission, in which case the vote required shall be five-sixths of the remaining members of the city commission, shall remove the person charged from his office and responsibilities as an officer, official or member of a board, commission or agency of the city. (Code 1964, § 2-47.3) City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 38 of 39 7/9/09 Draft City of Miami NSP2 Consortium Neighborhood Stabilization Program 2 (NSP2) Application Page 39 of 39 7/9/09 Draft