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Amendment No. 1 to NSP1°/G~ -~ ~ AMENDMENT NO. 1 TO NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) AGREEMENT, DATED JANUARY 27, 2010, BETWEEN CITY OF MIAMI BEACH, FLORIDA, AND MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION THIS AMENDMENT NO. 1 TO THE NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) AGREEMENT entered into this 10th day of March, 2010, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (City), and MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION, a Florida not for profit development corporation having its principal office at 945 Pennsylvania Avenue, Miami Beach, Florida, 33139 (MBCDC or Developer). RECITALS: WHEREAS, on July 31, 2009, pursuant to the City's application for same authorized under Resolution No. 2009-27039, the City was awarded a grant under the NSP1 Program, in the amount of $2, 549, 551, and ,accordingly, on November 24, 2009, the City entered into an NSP1 Grant Agreement with the State of Florida Department of Community Affairs (DCA); and WHEREAS, as authorized pursuant to Resolution No. 2009-27194, the City entered into an NSP1 Agreement with Developer (as the sole responsive proposer pursuant to a City issued Request for Proposals for potential NSP1 funded projects), dated January 27, 2010, in the amount of $2,376,181.53, for funding related to Developer's acquisition and rehabilitation of a sixteen (16) unit residential property located at 7871 Crespi Boulevard, Miami Beach, Florida (the Crespi Project), with any remaining funds to be utilized for the "Secondary Objective Project-Home Ownership Activities;" and WHEREAS, on February 3, 2010, pursuant to Resolution No. 2010-27348, the City was authorized to enter into and execute Amendment No. 1 to the NSP1 Agreement with Developer, approving a transfer in the ownership of the Crespi Project from MBCDC, to MBCDC: Madeleine Village, LLC, a Florida limited liability corporation whose sole member and agent is MBCDC; and NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereby amend the NSP1 Agreement as follows: 1. The parties acknowledge the City's approval and consent, pursuant to Resolution No. 2010-27335, of MBCDC's transfer of ownership in the Crespi Project to MBCDC: Madeleine Village, LLC, a Florida limited liability corporation whose sole member and agent is MBCDC. 2. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment No. 2 to NSP1 Agreement as of the date first written above. ATTEST: S cretary ATTEST: ~~ City.~Clerk MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION a Florida not-for-profit corporation R erto Datorre President, Authorized Signatory CITY OF MIAMI BEACH a Florida Municipal Corporation i Herrera- er, ayor APPROVED AS TO FORM & LANGUAGE & FAN EXECUTION + ~ ~ 2~ ('~ ity ttorn ate 2