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Amendment 2 to SHIP Agmt 70 2t AMENDMENT NO.2 TO STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AGREEMENT FOR FY2007 /2008, DATED FEBRUARY 25,'2009, BETWEEN THE CITY OF MIAMI BEACH AND MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION.. (MBCDC) AMENDMENT N 2 - _ THIS .. S EN O. TO THE AGREEMENT is entered , into this day of �-� 2011, 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), a,nd 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 (the Agreement);. and WHEREAS, due to unforeseen circumstances, including economic conditions and construction delays; the FY 07/08 SHIP funds were notcompletely 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 30,'2010; and WHEREAS, On October.25, 2010, the City Manager approved Amendment No. 1 to the Agreement, extending the expenditure deadline for Fiscal Year 2007/2008 funds, in the amount of. $536.642.76, from June 30, 2010, to December 2010; and j *. WHEREAS, on December 29, 2010, the State SHIP Administrator approved an additional extension of time, based upon the request submitted by the City on MBCDC's behalf, to allow MBCDC to complete that certain affordable housing project; the.Allen Apartments, 2001 Washington Avenue, Miami Beach, FL 33139, and thereby extended the deadline to expend funds until March 31, 2011. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereby amend the Agreement.as follows: r 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 December 30, 201.0, to March 31, 2011. 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: S reta Roberto Da President, Authorized Signatory ATTEST�. CITY OF MIAMI BEACH a. Florida Municipal Corporation _City Clerk J rg Go za z, Cif ager .J - - • APPROVED AS TO FOR & LANGUAGE & EXECUTION y ity ttorne to FARHCD \$ALL \HSG -CD \SHIP 2010 \SHIP AmendmenQ FY0708- r-eviseddecember30,2010:doc