Amendment No. 2 to Home Program Agreementwith Carrfour Supportive Housing, Inc. and Harding Village, Ltd. ,e) 028/02
AMENDMENT NO. 2 TO HOME PROGRAM AGREEMENT
This AMENDMENT NO. 2 TO HOME PROGRAM AGREEMENT (this "Amendment") is made
as of Nk d 911 , 2015, by and between the CITY OF MIAMI BEACH, a Florida municipal
corporation (the "City") and CARRFOUR SUPPORTIVE HOUSING, INC., a Florida non-for-
profit corporation) and HARDING VILLAGE, LTD., a Florida limited partnership (hereinafter
after referred to collectively as "CARRFOUR").
RECITALS:
A. The City and CARRFOUR entered into that certain Home Program Agreement
(the " Agreement") dated September 18, 2014, evidencing the allocation of HOME Program
funding in the total amount of$228,667.00 (the "Funds") from the City to CARRFOUR for the
purpose of rehabilitating the property known as Harding Village, located at 8500 Harding
Avenue, Miami Beach, Florida, 8520 Harding Avenue, Miami Beach, Florida 33141, and 8540
Harding Avenue, Miami Beach, Florida 33141 (collectively, the "Project").
B. The Agreement was reviewed by the U.S. Department of Housing and Urban
Development (HUD) and found to be deficient in certain regulatory requirements.
C. HUD requires that the City and CARRFOUR amend the Agreement to include the
regulatory requirements in order to continue receiving HOME Program funding.
AGREEMENT:
NOW, THEREFORE, in consideration of the premises, and the mutual covenants and
agreements set forth below, the City and CARRFOUR agree as follows:
1. The paragraph (b) contained in Article IV of the Agreement is modified as follows:
CARRFOUR shall comply with all Project requirements, as defined by the HOME
Program, at 24 CFR SUBPART F, Sections 92.250, 92.251, 92.252, and 92.253, and
92.254.
2. The paragraph (c) contained in Article IV of the Agreement is modified as follows:
CARRFOUR will maintain a financial management system that conforms to the financial
accountability standards of the HOME Program, at 24 CFR PART 84.21 ("Standards for
Financial Management Systems") and in accordance with the "Financial Management"
guidelines, attached as Exhibit "D". CARRFOUR is prohibited from charging tenant fees
that are not customarily charged in rental housing.
3. The paragraph (e) contained in Article IV of the Agreement is modified as follows:
CHDO Capabilities: As a City CHDO, CARRFOUR shall develop, sponsor, or own the
project (or projects) funded by the Funds and shall at all times have/maintain effective
management control over such project (or projects). CARRFOUR shall comply with the
requirements for Community Housing Development Organizations (CHDO) as defined
by 24 CFR Part 92.300 and 92.301.
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4. The paragraph (g) contained in Article IV of the Agreement is modified as follows:
Property Standards: CARRFOUR shall comply with the property standards requirements
set forth in the HOME Program, at 24 CFR PART 92.251. CARRFOUR must annually
certify to the City that all HOME-assisted units are suitable for occupancy, taking into
account State and local health, safety, and other applicable codes, ordinances, and
regulations and the ongoing property standards meeting the requirements of 24 CFR
Part 92.251.
5. The paragraph (j)(5) contained in Article IV of the Agreement is modified as
follows:
Equal Employment Opportunity, Executive Order 11246, and its implementing
regulations at 41 CFR Part 60 -- Prohibits discrimination against any employee or
applicant for employment because of race, color, religion, sex, or national origin.
Provisions to effectuate this prohibition must also be included in all construction
contracts exceeding $10,000. CARRFOUR will be in compliance with 24 CFR PART
92.350 "Other Federal Requirements".
6. The paragraph (m) contained in Article IV of the Agreement is modified as
follows:
Federal Labor Standards Provisions, as described in HUD Handbook 1344-1 (Federal
Labor Standards Compliance in Housing and Community Development Programs) and
HOME Final Rule, 24 CFR PART 92.354 -- Applies to all projects with twelve (12) or
more HOME-assisted units, regardless of whether HOME funds are used for
construction or other costs.
7. The paragraph (2) contained in Article XIV of the Agreement is modified as
follows:
(2)f The City may require that CARRFOUR submit such other reports, as the City
Manager may reasonably deem necessary, to demonstrate CARRFOUR's compliance
with any of the terms of this Agreement.
8. Article XIV of the Agreement is modified to add the following paragraph:
(2) CARRFOUR must annually provide the City with information on the rents and
occupancy of the HOME-assisted units to demonstrate compliance with 24 CFR Part
92.252. If the rental will have floating HOME units then CARRFOUR must provide the
participating jurisdiction with information regarding unit substitution and filling vacancies
so that the project remains in compliance with HOME requirements.
9. Full Force and Effect. Except as modified by this Amendment, the Agreement,
the Mortgage, the Promissory Note, and any other Loan Documents executed in connection
with this transaction shall remain in full force and effect.
10. Definitions. Initially capitalized terms used herein without definition shall have the
respective meanings set forth in the HOME Agreement dated as of September 18, 2014.
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11. Multiple Counterparts. This Amendment may be simultaneously executed in one
or more counterparts, all of which shall constitute the same instrument and each of which shall
be deemed an original.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials on the day and date first above indicated.
CARRFOUR SUPPORTIVE HOUSING, INC.,
a Florida not-for-profit corporation
ATTEST:
441.t■A'
Se''-tary Si•,
I ► ) J(7\r) le- ephanie Berman, President/CEO
Print Name Name and Title
HARDING VILLAGE, LTD.,
a Florida limited partnership
By: Harding Village, Inc., a Florida not-for-profit
corporation, Its General Partner
ATTEST:
44r /0,14/0tMckee -----
i
Secretary S..•natu 'e
I O 1116( o^ D Y ` S�
I/ tephanie Berman, President/CEO
Print Name Name and Title
CITY OF MIAMI BEACH,
a Florida municipa corporation
ATTEST:
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signature • ;.,,,� ,j'� i•' t '
•.1, I
Rafael E. Granado Cit C i'r • •0 • LI orales Cit Mana•er
Print Name 'INCORP ofimp Ze �' Title APPROVED AS TO
. FORM & LANGUAGE
s � \ - <0 . & FOR EXECUTION
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411141 N.%N• 0 City Attorney Dote