Amendment 1 to SHIP Agmt c100 0,24
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AMENDMENT NO. 1
TO STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM AGREEMENT
., .
FOR FY2007/2008 DATED FEBRUARY 25, 2009, BETWEEN THE
CITY OF MIAMI BEACH AND
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION (MBCDC)
THIS AMENDMENT NO. 1 TO STATE HOUSING INITIATIVES PARTNERSHIP
PROGRAM AGREEMENT FOR FY2007/2008 DATED FEBRUARY 25, 2009, BETWEEN
THE CITY OF MIAMI BEACH AND MIAMI BEACH COMMUNITY DEVELOPMENT
CORPORATION is entered into this .36 day of Daroboz 2010, by and
between the CITY OF MIAMI BEACH, a Florida municipal corporation, having its principal
office at 1700 Convention Center Drive, Miami Beach, Florida (City), and MIAMI BEACH
COMMUNITY DEVELOPMENT CORPORATION (MBCDC), a Florida not for - profit
corporation, with offices located at 945 Pennsylvania Ave., Miami Beach, FL 33139.
WITNESSETH:
WHEREAS, the City has determined the necessity for providing affordable housing in
Miami Beach through its Consolidated Plan, which was adopted by Resolution No. 2008-
26847 on July 16, 2008; and
WHEREAS, on February 25, 2009, the Mayor and City Commission approved
Resolution No. 2009 - 27021, authorizing the Mayor and the City Clerk to execute a State
Housing Initiatives Partnership (SHIP) Program Agreement between the City and MBCDC;
and - -
WHEREAS, due to unforeseen circumstances including economic conditions and
construction delays, the FY 07/08 SHIP funds were not completely expended by the deadline
of June 30, 2010, as originally anticipated; and
WHEREAS, on September 7, 2010, the State SHIP : Administrator approved an
extension of time based upon the SHIP Completion Action Plan submitted by the City on
MBCDC's behalf, and thereby extended the deadline to expend funds until December 31,
2010; and
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties hereby amend the Agreement as follows:
1. ARTICLE IX: TERMS OF AGREEMENT, paragraph -2, is amended as follows: The
expenditure deadline for Fiscal Year 2007/2008 funds, in the amount of
$536,642.76 is extended from June 30, 2010 to December 31, 2010.
2. All other terms and conditions of the Agreement shall remain unchanged and in full
force and effect.
IN WITNESS WHEREOF, the parties hereto execute this Amendment No. 1 to the
State Housing Initiatives Partnership Program Agreement for FY2007/2008, dated February
25, 2009, between the City and MBCDC, as of the day and date first above written.
MIAMI BEACH COMMUNITY
DEVELOPMENT CORPORATION
(MBDCDC)
a Florida not- for- profit corporation
ATTEST:
/ . ecr tary Roberto Da orre
President, Authorized Signatory
ATTEST: CITY OF MIAMI BEACH
a Florida Municipal Corporation
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Ci y Clerk J• ;e .onzal- 4 177 Hager
APPROVED AS TO
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we make housing affordable'"
Florida � �� ���� 227 North Bronough Street, Suite 5000 • Tallahassee, Florida 32301
850.488.4197 • Fax 850.488.9809 • www.floridohousing , org
F i n a n c e C o r p o r a t i o n
• September 7, 2010
Ms. Anna Parekh, SHIP Administrator
•
City of Miami Beach
1700 Convention Center Dr.
Miami Beach, FL 33139 •
RE: Extension Request for Expenditure of SHIP Funds for Fiscal Year 2007/2008 _
•
Dear Ms. Parekh:
The Florida Housing Finance Corporation is in receipt of your correspondence dated September
3, 2010 requesting an extension of the expenditure deadline for the SHIP Allocation for Fiscal
Year 2007/2008.
According to Rule 67 -37, which governs the SHIP program, exceptions to the timeframe, are
allowable under certain conditions, as detailed below:
The funds deposited to the local housing assistance trust fund must be spent within
twenty-four months from the end of the applicable State fiscal year. Exceptions to this
time frame must be approved by a majority vote of the Review Committee on a case -by-
case basis. Exceptions will only be granted for good cause. Examples of good cause are
natural disasters, requirements of other State agencies, adverse market conditions, and
unavoidable development delays. Adequate documentation must be presented to the
Review Committee before an extension will be granted, e.g., project status, work plan and
completion schedule, commitment of funds, etc.
Florida Housing believes that your current situation warrants an extension based on the reasons
presented in your correspondence. Therefore, your deadline to expend funds for the 2007/2008
fiscal year is extended by six (6) months. The new deadline is December 31, 2010. We do
stipulate, however, as a part of this extension, if requested, the City provide the Corporation a
written update outlining the status of the current spending.
Please keep in mind that you are still required to submit an annual report on September 15, 2010.
The Corporation commends your continuing efforts to benefit the citizens of Florida through the
SHIP program. If we can be of assistance to you in the administration of your SHIP Program,
please don't hesitate to contact us.
Sincerely,
Robert Dearduff
SHIP Administrator
Charlie Crist, Governor
Board of Directors: David E. Oellerich, Chairman • Stuart Schorago, Vice Chairman • Tom Pelham, Ex Officio
Ken Fairmon • Clifford Hardy • Jerry Maygarden • Marilyn L. Seroyer • Lynn Stultz • Leonard Tylko
Stephen P. Auger, Executive Director