2011-27583 Reso Inc. _ y
N O.1 2011 -27583
RESOLUTION ,
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY,
MIAMI -DADE COUNTY, AND UNIDAD OF MIAMI BEACH, INC. (UNIDAD)
REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
RELATED TO UNIDAD'S CONSTRUCTION OF THE NORTH BEACH
OCEANFRONT CENTER/HOME OF THE UNIDAD SENIOR CENTER, LOCATED
AT 7251 COLLINS AVENUE, MIAMI BEACH, FLORIDA.
WHEREAS, the Mayor and City Commission adopted the City of Miami Beach Action Plans
for Fiscal Years 2004, 2006, 2007, 2009, 2010 and 2011 awarding CDBG funds to UNIDAD for the
demolition of an existing building and construction of the North Beach Oceanfront Center /Home of
the UNIDAD Senior Center; and
WHEREAS, the project is consistent with the City's Consolidated Plan and is eligible for
funding; and
WHEREAS, the City executed a Management Agreement between the City of Miami Beach,
Florida, and UNIDAD of Miami Beach, Inc. for the North Beach Senior Center on September 6,
2006; and
WHEREAS, the City is the owner of the property, located at 7251 Collins Avenue, Miami
Beach, Florida, including,without limitation, any buildings and /or other improvements, whether now
existing or as may subsequently be constructed and /or otherwise erected or placed thereon (the
"Property"); and
WHEREAS, on September 9, 2006, as authorized pursuant to City Resolution No. 2 -
p p y 0 06
26325, the City approved a Management Agreement with UNIDAD, having an effective date of
September 6, 2006 (the "Management Agreement "); and
WHEREAS, the Management Agreement gives UNIDAD the right to use, manage,
coordinate and operate at comprehensive senior center on the Property; and
WHEREAS, the Management Agreement requires UNIDAD to design and construct a new
City owned building after demolition of the existing City owned building; and
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WHEREAS, the new building will have substantial additional square footage, including i
g q g , ncluding public
restrooms (the "Proposed Improvements ") on the Property; and
WHEREAS, in order to fund a portion of the Proposed Improvements, UNIDAD has been
allocated a Community Development Block Grant (CDBG) funding through the County, in the total
amount "Funds"); Y
nt of $1,150,000 (the and
WHEREAS, in order to qualify for the Funds, the County requires that the City and UNIDAD
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enter into the following Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMIS I
SON
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
and authorize the City Manager to execute a funding agreement between the City, Miami -Dade
County, and UNIDAD regarding the Community Development Block Grant funding related to
j
. U N I DAD's construction of the North Beach Oceanfront Center /Home of the U N I DAD Senior Center,
located at 7251 Collins " Avenue, Miami Beach, Florida. -
PASSED AND ADOPTED this JI J' - da y of J 4 fL ? y 2011. .
ATTEST:
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CITY CLERK MAYOR •
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APPROVED AS TO
FORM & LANGUAGE •
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COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of Miami Beach, Florida, authorizing the City Manager to execute a Funding
Agreement between the City, Miami -Dade County, and UNIDAD regarding the County's Community Development Block
Grant (CDBG) funding to. UNIDAD for construction of the North Beach Oceanfront Center /Home of the UNIDAD Senior
Center, located at 7251 Collins Avenue, Miami Beach, Florida
Key Intended Outcome Supported:
To improve the lives of elderly residents in Miami Beach.
Supporting Data (Surveys, Environmental Scan, etc.):
Based on the 2009 Community Satisfaction Survey, 80% of residents more than 65 years old rate Miami Beach city
government as Good or Excellent in meeting their expectations.
I ssue:
Shall the Mayor and City Commission approve and authorize the City Manager to execute a Funding Agreement between
the City, Miami -Dade County, and UNIDAD for County Community Development Block Grant funding to UNIDAD?
Item Summary /Recommendation:
On September 6, 2006, the City Commission approved a forty (40) year Management Agreement between the City and
UNIDAD for use of the City - owned property located at 7251 Collins Avenue, Miami Beach, for the design and construction
of certain capital improvements (Reso. 2006 - 26325). The City Commission has awarded a total of $1,891,934 of HUD
entitlement funds to UNIDAD of Miami Beach, Inc. over several years for the design and construction of the facility, known
as the. North Beach Oceanfront Center /Home of the UNIDAD Senior Center, which will serve low and moderate income
seniors and residents in the North Beach Target Area.
Miami -Dade County has awarded! a total of $1,150,000 over several years to UNIDAD for this project and has asked the
City to enter into a tri -party funding,' agreement with UNIDAD ensuring that, in the event UNIDAD cannot meet the US HUD
national objective of benefiting low and moderate income people for a specific period of time, that the City will assume the
management and operation of therfacility, (either directly or through the selection of another entity) and continue to operate
it in accordance with the goals and priorities and approved uses set forth in the Management Agreement for the duration of
the specific period of time. As the continued use, goals and priorities are the same for the City's funding, and the City would
be required to assume (or contact for) the facility to continue to meet the funder's goals and objectives, such an
assumption by the City poses no additional requirements. It should be noted that the city will at no time be responsible for
any repayment of the County funds awarded to UNIDAD. The Administration recommends approval of the resolution.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Funds: Amount Account Approved
1
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3
4
OBPI Total
Financial Impact Summary: N/A .
City Clerk's Office Legislative Tracking:
Anna Parekh x7260
Sign -Offs:
Department Director Assistant City Manager City Manager
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AP F JMG
T :\AGENDA\2011 \1- 19- 11\Funding Agreement Between the City MD County and UNIDAD- Summary.doc dir
el MIAMI AGENDA ITEM e P
DATE H i(
EACH
MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19, 2011'
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
FUNDING AGREEMENT BETWEEN THE CITY, MIAMI -DADE COUNTY, AND UNIDAD,
REGARDING THE COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDING FOR UNIDAD'S CONSTRUCTION OF THE NORTH BEACH OCEANFRONT
CENTER/HOME!OF THE UNIDAD SENIOR CENTER, LOCATED AT 7251 COLLINS AVENUE,
MIAMI BEACH, FLORIDA
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On September 6, 2006, the lCity Commission approved a forty (40) year Management Agreement between the City
and UNIDAD for use of the;City -owned property located at 7251 Collins Avenue, Miami Beach, for the design and
construction of certain capital improvements (Reso. 2006 - 26325). The City Commission has awarded a total of
$1,891,934 of HUD entitlement funds to UNIDAD of Miami Beach, Inc. over several years for the design and
construction of the facility, known as the North Beach Oceanfront Center /Home of the UNIDAD Senior Center, which
will serve low and moderate income seniors and residents in the North Beach Target Area.
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Miami -Dade County has a a total of $1,150,000 over several years to UNIDAD for this project and has asked
the City to enter into a tri -party, funding agreement with UNIDAD ensuring that, in the event UNIDAD cannot meet the
US HUD national objective of benefiting low and moderate income people for a specific period of time, that the City
will assume the management and operation of the facility, and continue to operate it in accordance with th
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priorities and approved uses set forth in the Management Agreement, which are consistent with the USHUD National
objective, for the duration of the a specific period of time.
I
• The draft Funding Agreement currently being reviewed by the County Attorney's Office is attactied as
Attachment A andl states that the Management Agreement gives UNIDAD the right to use, manage,
coordinate and operate a comprehensive community center on the Property, designated to, among other
things, serve low- income senior citizens of Miami -Dade County, Florida, centered on the provi 'ion of
services and ro rams and h
p g ; d t e improvement of the quality of life for senior citizens, and which is intended to
include the following programs, services, activities, and uses:
• operation of an elderly community service program to provide job placement for seniors;
• operation of senior employment training programs;
• senior meals center for the North Beach area's elderly community (subject to funding availability);
• senior recreational; activities, classrooms, special interests, lectures, etc.; and
• cultural activities and special events.
As additional consideration for the City's agreement to enter into the Management Agreement, UNIDAD was required
to design and construct certain capital improvements on the City —owned Property including, without limitation,
demolition of the existing City -owned building and construction of a new replacement building with substantial
additional square footage, which will be owned by the City and which will also include public restrooms (hereinafter,
the new City -owned building and any and all other improvements being designed and constructed by UNIDAD on the
Property shall be referred to as the "Proposed Improvements ").
Memo to Commission
UNIDAD Funding Agreement
Page 2 of 2
In order to fund a portion of the Proposed Improvements, UNIDAD applied for and was approved for Community
Development Block Grant (CDBG) funding through the County, in the total amount of $1,150,000 (hereinafter, the
$1,150,000 amount, and any additional amounts included as a result of a subsequent adjustment or amendment to
the County CDBG Contract, shall be referred to as the "Funds "), pursuant to that certain Combined FY 2004 1 2010
CDBG Contract, executed between UNIDAD and the County.
In order to qualify for the Funds, the County requires that the City and UNIDAD enter into an Agreement to ensure
that the requirements of thefunding source (USHUD) are met — either by UNIDAD or by the City should UNIDAD not
be able to perform and meet the objectives. More specifically, pursuant to this Funding Agreement, the City, County,
and UNIDAD agree that for a specific period of time the Project must remain in service as the North each
Oceanfront Center /Home of the UNIDAD Senior Center and must serve Low - Moderate Income (LMI) senior
citizens, in accordance with ;the LMI National Objective and the goals and priorities and approved uses set forth in the
Management Agreement. During the Control Period, the County may monitor the Project to ensure that UNIDAD is
complying with the LMI National Objective. LMI means those households whose total annual adjusted gross income
is 80% percent or less than the area median annual adjusted gross income for households within the metropolitan
statistical area (MSA) or, if not within an MSA, within Miami -Dade County, whichever is greater as defined by HUD.
In the event that UNIDAD fails to meet, achieve, maintain and /or otherwise sustain the LMI National Objective for the
Project during the Control Period then, upon written notice from the County (the County's Notice), evidencing the
reasons for UNIDAD's failure to comply with said Objective, the City shall promptly take the following actions:
• Notify UNIDAD, in writing, of its failure to comply with the LMI National Objective and the reasons therefore,
as set forth in the County's Notice to the City (the City's Notice).
• Upon receipt of the City's Notice, and in accordance with the provisions governing default under the
Management Agreement, UNIDAD shall have thirty (30) calendar days within which to cure the default.
• In the event that UNIDAD fails to cure the default, and the Project fails to comply with the LMI National
Objective within the time period provided in the City's 'Notice, then the City may (i) terminate the
Management Agreement; (ii) re -enter the Property without further notice or demand; and (iii) in addition
thereto, avail itself of any and all other legal remedies available to the City under the Management
Agreement to seek redress for UNIDAD's default.
In the event of termination of the Management Agreement pursuant to Section 5 hereof, and upon the City's r?-entry
on to the Property, the City agrees that it shall, whether directly or by contracting with a third party (to be determined
by the City, in its sole and ;reasonable judgment and discretion), assume the management and operation of the
Property, and continue to operate the Project in accordance with the goals and priorities and approved uses set forth
in the Management Agreement, for the duration of the Control Period; provided however, that upon conclusio g of the
Control Period, the City may elect, in its sole and absolute judgment and discretion, to continue to operate and
manage all or a portion of the Property as a senior center. The City shall have no obligation and /or duty to manage
and operate the Property as a senior center beyond the Control Period.
As the City has allocated USHUD funds to UNIDAD which are subject to the same requirements during a ontrol
period as the County's requirements for their funding to their project, and as the City would have to assume (either
directly or through a third 'party) the operation of the facility if UNIDAD failed to meet the comparable Notional
objectives also required pursuant to our agreement with USHUD and sub recipient agreement with UNIDAD,
approval of the attached Funding Agreement is recommended. It is important to note that the City does not assume
any responsibility to repay any County funds awarded to UNIDAD.
CONCLUSION
The project described above is consistent with the City's Consolidated Plan. UNIDAD has the capacity to complete the
project and meet US HUD's national objective of benefiting low and moderate income people. The Administration
recommends that the City Commission approve the Funding Agreement between the City, Miami -Dade County and
UNIDAD.
JMG /HMF /AP
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