2002-24863 Reso
RESOLUTION NO. 2002-24863
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ADOPTING AN AMENDMENT TO THE
CITY'S ONE-YEAR ACTION PLAN FOR FEDERAL FUNDS FOR FISCAL
YEAR 2001/2002, REALLOCATING TO THE MIAMI BEACH COMMUNITY
DEVELOPMENT CORPORATION (MBCDC) $760,000 OF HOME
INVESTMENT PARTNERSHIPS (HOME) PROGRAM FUNDS FROM
FISCAL YEARS 1992/1993 AND 1993/1994, PREVIOUSLY COMMITTED
TO THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
(HACOMB), TO BE USED BY MBCDC TOWARD THE COST OF THE
ACQUISITION AND REHABILITATION OF AN APARTMENT BUILDING
LOCATED AT 532 MICHIGAN AVENUE TO PROVIDE AN ESTIMATED
EIGHTEEN (18) RENTAL UNITS FOR INCOME-ELIGIBLE ELDERLY IN
ACCORDANCE WITH THE HOME PROGRAM REQUIREMENTS, AND
SIMULTANEOUSLY REALLOCATING $760,000 HOME PROGRAM
FUNDS FROM FY 2001/2002, PREVIOUSLY ALLOCATED TO MBCDC
AND THE CITY'S HOUSING INITIATIVES TO PROVIDE A RESERVATION
OF HOME PROGRAM FUNDS TO HACOMB FOR THE SINGLE PARENT
FAMILY HOUSING AND RESOURCE CENTER, 321-327 MICHIGAN
AVENUE; FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A SECOND AMENDMENT TO THE HOME PROGRAM
AGREEMENT, DATED JUNE 6, 2001, BETWEEN THE CITY AND MBCDC,
REPLACING THE PREVIOUSLY COMMITTED $614,913 HOME
PROGRAM FUNDS FROM FISCAL YEAR 2001/2002 WITH $614,913 IN
HOME PROGRAM FUNDS FROM FISCAL YEARS 1992/1993 AND
1993/1994.
WHEREAS, the City has established a HOME Investment Partnerships (HOME)
Program under the rules of the U.S. Department of Housing and Urban Development
(HUD), which provides financial assistance for the purpose of providing affordable housing
within the City; and
WHEREAS, on September 27, 1995, the City Commission adopted Resolution No.
95-21745 authorizing the execution of a HOME Program Agreement between the City and
the Housing Authority of the City of Miami Beach (HACOMB), in the amount of $760,000,
using HOME Program funds from Fiscal Years 1992/1993 and 1993/1994 for a joint
venture affordable rental housing project, to be located at 1231-1251 1th Street, Miami
Beach, and to be known as the Single Parent Family Housing and Resource Center, to
provide 52 housing units, including 16 HOME units for families impacted by domestic
violence; and
WHEREAS, on October 4, 2000, the Board of Commissioners of ,HACOMB voted
to authorize the development of a reconfigured and downscaled Center, to be located at
321-327 Michigan Avenue; and
WHEREAS, on February 20,2002, the City adopted Resolution No. 2002-24748,
authorizing a First Amendment to the HOME Program Agreement, date June 6, 2001,
between the City and the Miami Beach Community Development Corporation (MBCDC)
to provide $614,913 HOME Program funds from Fiscal Year 2001/2002 towards the cost
of the acquisition and rehabilitation of an apartment building located at 532 Michigan
Avenue, Miami Beach, to provide an estimated eighteen (18) rental units for income-
eligible elderly tenants, in accordance with the HOME Program requirements
WHEREAS, the City wishes to amend the One-Year Action Plan for Federal Funds
for Fiscal Year 2001/2002 by reallocating the $760,000 of HOME Program funds from
Fiscal Years 1992/1993 and 1993/1994 (previously committed to HACOMB for the Single
Parent Family Housing and Resource Center) to Home Community Housing Development
Organization (CHDO) housing activities; and
WHEREAS, simultaneously, the City wishes to amend the City's One-Year Action
Plan for Federal Funds for Fiscal Year 2001/2002 by reallocating $555,500 of HOME
Program funds from Fiscal Year 2001/2002 (previously allocated to MBCDC for housing
activities undertaken as a HOME CHDO)), and reallocating $204,500 HOME Program
funds from Fiscal Year 2001/2002, previously allocated for acquisition and rehabilitation
initiatives, to provide a reservation of HOME Program funds, in the amount of $760,000 for
HACOMB, for the proposed Single Parent Family Housing and Resource Center to be
located at 321-327 Michigan Avenue; and
WHEREAS, on April 4, 2002, the City advertised a 30-day citizen comment period
in accordance with U.S. HUD regulations and City's adopted Citizen Participation Plan; and
WHEREAS, the City's Loan Review Committee, at its April 19, 2002 meeting,
recommended that the Mayor and City Commission adopt said amendment to the City's
One-Year Action Plan for Federal Funds for Fiscal Year 2001/2002; and
WHEREAS, at the same time, the LRC recommended that the Mayor and City
Commission approve a Second Amendment to the HOME Program Agreement, dated
June 6,2001, between the City and MBCDC, replacing the previously committed $614,913
HOME Program funds from Fiscal Year 2001/2002, with $614,913 in HOME Program funds
from Fiscal Years 1992/1993 and 1993/1994 toward the cost of the acquisition and
rehabilitation of an apartment building located at 532 Michigan Avenue, Miami Beach, to
provide an estimated eighteen (18) rental units for income-eligible elderly tenants.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City's One-Year
Action Plan for Federal Funds for Fiscal Year 2001/2002 is hereby amended, reallocating
to the Miami Beach Community Development Corporation (MBCDC) $760,000 of HOME
Investment Partnerships (HOME) Program funds from fiscal years 1992/1993 and
1993/1994, previously committed to the Housing Authority of the City of Miami Beach
(HACOMB), to be used by MBCDC toward the cost of the acquisition and rehabilitation of
an apartment building located at 532 Michigan Avenue to provide an estimated eighteen
(18) rental units for income-eligible elderly in accordance with the HOME Program
requirements, and simultaneously reallocating $760,000 HOME Program funds from FY
2001/2002, previously allocated to MBCDC and the City's housing initiatives to provide a
reservation of HOME Program funds to HACOMB for the Single Parent Family Housing
and Resource Center, 321-327 Michigan Avenue; further, authorizing the Mayor and City
Clerk to execute a second amendment to the HOME Program Agreement, dated June 6,
2001, between the City and MBCDC, replacing the previously committed $614,913 HOME
Program funds from fiscal year 2001/2002 with $614,913 in HOME Program funds from
fiscal years 1992/1993 and 1993/1994.
PASSED AND ADOPTED THIS
ATTEST:
,2002
CI Y CLERK
F :INEIGIHousingISUSANIHousing AuthOJity\$760,OOO HACOMB-MBCDC _Resolution.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
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Condensed Title:
A resolution reallocating to MBCDC $760,000 of HOME Program funds from fiscal years 1992/1993 and
1993/1994 previously committed to HACOMB, and simultaneously reallocating $760,000 HOME Program
funds from FY 2001/2002 previously allocated to MBCDC and the City's housing initiatives to provide a
reservation of HOME Program funds to HACOMB for the Single Parent Family Housing and Resource
Center, 321-327 Michigan Avenue; further, authorizing a second amendment to the HOME Program
Agreement, dated June 6, 2001, between the City and MBCDC, replacing the previously committed
$614,913 HOME Program funds from fiscal year 2001/2002 with $614,913 in HOME Program funds from
fiscal years 1992/1993 and 1993/1994 for an apartment buildino located at 532 Michioan Avenue.
Issue:
Shall the City replace the previously committed $614,913 HOME Program funds from fiscal year 200112002
to MBCDC with $614,913 HOME Program funds from fiscal years 199211993 and 1993/1994 for an
apartment building located at 532 Michigan Avenue and reallocate $760,000 HOME Program funds to
provide a reservation of funds to HACOMB for the proposed Single Parent Family Housing and Resource
Center to be located at 321-327 Michioan Avenue.
Item Summary/Recommendation:
The City is reallocating $760,000 of HOME Program funds from fiscal years 1992/1993 and 1993/1994
previously committed to HACOMB for the Single Parent Family Housing and Resource Center, that was
to be built on 1231-1251 1ih Street, to MBCDC and reallocating $760,000 HOME Program funds from
fiscal years 2001/2002 previously allocated to MBCDC and the City's housing initiatives to provide a
reservation of funds to HACOMB for the proposed Single Parent Family Housing and Resource Center to
be located at 321-327 MichiQan Avenue.
Adviso Board Recommendation:
On April 19, 2002, the loan Review Committee recommended that the Mayor and City Commission adopt
an amendment to the City's One-Year Action Plan for Federal Funds for Fiscal Year 200112002 reallocating
$760,000 of HOME Program funds from fiscal year 2001/2002 previously allocated to MBCDC and the
City's housing initiatives to provide a reservation of funds to HACOMB for the proposed Single Parent
Family Housing and Resource Center to be located at 321-327 Michigan Avenue, and that the City approve
a Second Amendment to the HOME Program Agreement between the City and MBCDC replacing
$614,913 HOME Program funds from fiscal year 2001/2002 with $614,913 in HOME Program funds from
fiscal ears 1992/1993 and 1993/1994 for an a artment buildin located at 532 Michi an Avenue.
Financial Information:
Amount to be expended:
Source of
Funds:
Ip~1
Finance Dept.
AGENDA ITEM 6 zz:
DATE 5'-d/l-aJ-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.f1.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Date: May 29, 2002
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez \.. II~. '
City Manager 0 rJV v- 0
A RESOLUTION ADOPTING AN AMENDMENT TO THE CITY'S ONE-YEAR ACTION PLAN
FOR FEDERAL FUNDS FOR FISCAL YEAR 2001/2002, REALLOCATING TO THE MIAMI
BEACH COMMUNITY DEVELOPMENT CORPORATION (MBCDC) $760,000 OF HOME
INVESTMENT PARTNERSHIPS (HOME) PROGRAM FUNDS FROM FISCAL YEARS
1992/1993 AND 1993/1994, PREVIOUSLY COMMITTED TO THE HOUSING AUTHORITY
OF THE CITY OF MIAMI BEACH (HACOMB), TO BE USED BY MBCDC TOWARD THE
COST OF THE ACQUISITION AND REHABILITATION OF AN APARTMENT BUILDING
LOCATED AT 532 MICHIGAN AVENUE TO PROVIDE AN ESTIMATED EIGHTEEN (18)
RENT AL UNITS FOR INCOME-ELIGIBLE ELDERLY IN ACCORDANCE WITH THE HOME
PROGRAM REQUIREMENTS, AND SIMULTANEOUSLY REALLOCATING $760,000 HOME
PROGRAM FUNDS FROM FY 2001/2002, PREVIOUSLY ALLOCATED TO MBCDC AND
THE CITY'S HOUSING INITIATIVES TO PROVIDE A RESERVATION OF HOME
PROGRAM FUNDS TO HACOMB FOR THE SINGLE PARENT FAMILY HOUSING AND
RESOURCE CENTER, 321-327 MICHIGAN AVENUE; FURTHER, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A SECOND AMENDMENT TO THE HOME
PROGRAM AGREEMENT, DATED JUNE 6, 2001, BETWEEN THE CITY AND MBCDC,
REPLACING THE PREVIOUSLY COMMITTED $614,913 HOME PROGRAM FUNDS FROM
FISCAL YEAR 2001/2002 WITH $614,913 IN HOME PROGRAM FUNDS FROM FISCAL
YEAR 1992/1993 AND 1993/1994.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach,
Florida, adopt a resolution amending the City's One-Year Action Plan for Federal Funds for Fiscal
Year 2001/2002 reallocating to the Miami Beach Community Development Corporation (MBCDC)
$760,000 of HOME Investment Partnerships (HOME) Program funds from fiscal years 1992/1993
and 1993/1994 previously committed to the Housing Authority of the City of Miami Beach (HACOMB),
and simultaneously reallocating $760,000 HOME Program funds from FY 2001/2002 previously
allocated to MBCDC and the City's housing initiatives to provide a reservation of HOME Program
funds to HACOMB for the Single Parent Family Housing and Resource Center, 321-327 Michigan
Avenue; further, authorizing the Mayor and City Clerk to execute a second amendment to the HOME
Program Agreement, dated June 6, 2001, between the City and MBCDC, replacing the previously
committed $614,913, HOME Program funds from fiscal year 2001/2002, with $614,913, in HOME
Program funds from fiscal years 1992/1993, and 1993/1994, toward the cost of the acquisition and
rehabilitation of an apartment building located at 532 Michigan Avenue to provide an estimated
eighteen (18) rental units for income-eligible elderly in accordance with the HOME Program
requirements.
ANALYSIS
On September 27, 1995, the City Commission adopted Resolution No. 95-21745, authorizing the
execution of a HOME Program Agreement between the City and HACOMB in the amount of
$760,000, in HOME Program funds from fiscal years 1992/1993 and 1993/1994 for a joint venture
affordable rental housing project proposed at 1231-1251 1 ih Street, Miami Beach, the Single Parent
I
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May 29, 2002
Commission Memorandum
$760,000 HACOMB Reservation/MBCOC 532 Michigan Avenue
Page 20'3
Family Housing and Resource Center (Center). The Center was to contain approximately 52,
housing units, including 16 HOME units for families impacted by domestic violence.
Subsequently, on October 4, 2000, the Board of Commissioners of HACOMB authorized the
development of a reconfigured and downscaled Center, located at 321-327 Michigan Avenue. On
January 11,2001, HACOMB conducted a community workshop to discuss the proposed downsized
building consisting of 15 units proposed for two lots owned by the HACOMB at 321-327 Michigan
Avenue, including 11 HOME units for families impacted by domestic violence. On July 11, 2001, the
Center received approval from the City's Design Review Board.
On March 8, 2002, the City received notification from U.S. HUD that the $760,000, HOME Program
funds from fiscal years 1992/1993, and 1993/1994, previously committed to HACOMB for the
construction of the Center must be expended by the end of this program year, September 30, 2002,
in order to avoid deobligation of funds. Since HACOMB is currently in the process of obtaining
engineering plans and building permits for the Center, there is a possibility that HACOMB cannot
expend the full $760,000 HOME funds by September 30, 2002. Therefore, in order to ensure
compliance with the request from U.S. HUD, on April 3, 2002, the City submitted a plan for
expenditures for the HOME Program funds to U.S. HUD agreeing to reallocate the HOME Program
funds to current projects ensuring full expenditure of the funds by September 30, 2002. To
accomplish this, the City is conducting an amendment to its One-Year Action Plan for Federal funds
Fiscal Year 2001/2002, by reallocating the $760,000, of HOME Program funds from fiscal years
1992/1993, and 1993/1994, previously allocated to HACOMB for the Center proposed for 1231-1251
17'h Street, to MBCDC for housing activities undertaken as a CHDO. Out of the $760,000 HOME
Program funds from fiscal year 1992/1993 and 1993/1994, $614,913 is being committed to MBCOG
to replace the same amount of HOME Program funds from fiscal year 2001/2002, which were
previously committed for the cost of the acquisition and rehabilitation of 532 Michigan Avenue on
February 20,2002, by City Commission action (Resolution No. 2002-24748). The balance from the
$760,000 HOME Program funds from fiscal year 1992/1993 and 1993/1994, in the amount of
$145,087, will be utilized by MBCDC for another current project. In order to spend the balance of
funds expeditiously, MBCDC will identify a project within 45 days and utilize said funds.
Simultaneously, under the proposed amendment to the One-Year Action Plan, funding to HACOMB
for the proposed Single Parent Family Housing and Resource Center, 321-327 Michigan Avenue, is
being provided by reallocating $555,500 of HOME Program funds from fiscal year 2001/2002
previously allocated to MBCDC for housing activities undertaken as a HOME CHDO, and reallocating
$204,500 HOME Program funds from fiscal year 2001/2002 previously allocated for acquisition and
rehabilitation initiatives, to provide a reselVation in the amount of $760,000 HOME Program funds for
HACOMB. In accordance with U.S. HUD regulations, and the City's adopted Citizen Participation
Plan, on Thursday, April 4, 2002, the City advertised a 30-day citizen comment period on the
proposed amendment. The City did not receive any comments.
For information purposes at this time and to explain the rationale for the reselVation of HOME funds
for HACOMB, the Mayor and Commission should be aware that over the last year, the Office of the
Inspector General (OIG) of U.S. HUD has conducted an audit of HACOMB. As part of the audit, U.S.
HUD questioned a total of $795,178 paid by HACOMB to the City though a "Joint Program for
Housing Assistance-Related Community Development Enhancement (Interlocal Agreement)"
established back in 1992, for a recreation program, enhanced police protection, and code
enforcement. In addition to documentation obtained by U.S. HUD directly from HACOMB, U.S. HUD
requested that the City submit any other relevant documentation regarding these programs. The City
conducted an exhaustive effort and submitted pertinent information available dating back to 1992. In
a letter dated April 1, 2002, U.S. HUD communicated to HACOMB that they had examined the
documentation submitted by the City and HACOMB, and found it to be insufficient to justify $795,178
May 29, 2002
Commission Memorandum
$760,000 HACOMB Reservation/MBCDC 532 Michigan A venue
Page 3 0'3
paid by HACOMB to the City for recreational activities, police protection, and code enforcement. U.S.
HUD recommended that HACOMB negotiate with the City a repayment plan for these funds. One of
the options U.S. HUD has suggested is to consider repayment by the City by furnishing services to
HACOMB such as water, sewage or waivers of other fees that HACOMB would be expected to pay.
Currently, the Administration is reviewing the response from U.S. HUD and considering its options.
On April 19, 2002, the Loan Review Committee (LRC) reviewed the proposed amendment to the
City's One-Year Action Plan for Federal Funds for Fiscal Year 2001/2002. The LRC recommended
that the Mayor and City Commission adopt said amendment to the City's One-Year Action Plan for
Federal Funds for Fiscal Year 2001/2002. At the same time, the LRC recommended that the Mayor
and City Commission approve a Second Amendment to the HOME Program Agreement, dated June
6, 2001, between the City and MBCDC, replacing the previously committed $614,913, HOME
Program funds from fiscal year 2001/2002 with $614,913, in HOME Program funds from fiscal years
1992/1993 and 1993/1994 toward the cost of the acquisition and rehabilitation of an apartment
building located at 532 Michigan Avenue, Miami Beach, to provide an estimated eighteen (18) rental
units for income-eligible elderly tenants in accordance with the Home Program requirements.
JMG/RCMNPG/MDC/SSL
F:\NEIGIHouslngIMIGUEll\$760.000 HACOMB-MBCDC.doc
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SECOND AMENDMENT TO HOME PROGRAM AGREEMENT
THIS SECOND AMENDMENT TO THE AGREEMENT, entered into this dl ~ay of Itf A-tf '
2002, by and between the CITY OF MIAMI BEACH, a Florida municiparcorporation, having its
principal office at 1700 Convention Center Drive, Miami Beach, Florida, (City), and MIAMI BEACH
COMMUNITY DEVELOPMENT CORPORATION, INC., a Florida Not-for-Profit Corporation, with
offices located at 945 Pennsylvania Avenue, Miami Beach, Florida (hereinafter referred to as Owner).
WITNESSETH:
WHEREAS, on June 6, 2001, the City adopted Resolution No. 2001-24453, authorizing a
HOME Program Agreement with Owner which committed $328,987 from the City's fiscal year
2000/2001 HOME Program allocation for eligible CHDO projects; and
WHEREAS, on February 20,2002, the City adopted Resolution No. 2002-24748, authorizing
a First Amendment to a HOME Program Agreement with the with Owner to utilize $614,913 of the
previously committed fiscal year 2001/02 CHDO funds for a CHDO project to acquire and rehabilitate
an apartment building located at 532 Michigan Avenue; and
WHEREAS, the City wishes to amend the City's One-Year Action Plan for Federal Funds for
Fiscal Year 2001/02 by reallocating $760,000 of HOME Investment Partnerships (HOME) Program
Funds from Fiscal Years 1992/93 and 1993/94 previously committed to the Housing Authority of the
City of Miami Beach (HACOMB) for the development of a Single Parent Family Housing And Resource
Center that was to be built at 1231-1251 1]th Street; and
WHEREAS, the City wishes to execute a second amendment to the HOME Program
Agreement, dated June 6, 2001, between the City and Owner, replacing the previously committed
$614,913 of HOME Program funds from Fiscal Year 2001/02 CHDO Funds with $614,913 in HOME
Program Funds from Fiscal Years 1992/93 and 1993/94 previously committed to the Housing Authority
of the City of Miami Beach (HACOMB) toward the costs of acquisition and rehabilitation an apartment
building located at 532 Michigan Avenue; and
WHEREAS, on April 19,2002, the City s Loan Review Committee reviewed and recommended
that the Mayor and City Commission adopt an amendment to the City's One-Year Action Plan for
Federal Funds for Fiscal Year 2001/02, reallocating $760,000 of HOME Program funds from Fiscal
Years 1992/93 and 1993/94 previously committed to the HACOMB for the Single Parent Family
Housing and Resource Center, that was to be built at 1231-1251 1]th Street, to HOME Community
Housing Development Organization (CHDO) housing activities; and
WHEREAS, on April 19, 2002, the City s Loan Review Committee recommended that the
Mayor and City Commission approve a Second Amendment to the HOME Program Agreement, dated
June 6, 2001, between the City and the Owner, replacing the previously committed $614,913 in HOME
Program funds from Fiscal Year 2001/02 with $614,913 in HOME Program Funds from Fiscal Years
1992/93 and 1993/94 toward the cost of the acquisition and rehabilitation of an apartment building
located at 532 Michigan Avenue, Miami Beach, to provide an estimated eighteen (18) rental units for
income-eligible elderly tenants in accordance with the HOME Program requirements; and
-1 -
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),
WHEREAS, Owner warrants and represents that it possesses the legal authority to enter into
this Agreement, by way of a resolution that has been duly adopted as an official act of the Board of
Directors, authorizing the execution of this Agreement, including all understandings and assurances
contained herein, and authorizing the person{s) identified as their official representative(s) to execute
this Agreement and any other documents which may be necessary to implement this project; and
WHEREAS, the City and the Owner now wish to amend the Agreement.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and
agreements hereinafter set forth, the parties hereto do hereby agree as follows;
1. In all references throughout the Agreement, the 1 O-year afford ability period is replaced by the
15-year affordability period.
2. ARTICLE II, ALLOCATION OF HOME FUNDS, page 2, the first paragraph is deleted in its
entirety and amended as follows:
In consideration of the performance by Owner of its role and responsibilities set forth
in this Agreement, the City agrees to provide a conditional grant of HOME Program funds to
Owner in the amount of Nine Hundred Forty-Three Thousand Nine Hundred Dollars ($943,900)
(Funds) which consists of $760,000 of HOME Investment Partnerships (HOME) Program
Funds from Fiscal Years 1992/93 and 1993/94 previously committed to the Housing Authority
of the City of Miami Beach (HACOMB), and $183,900 of previously allocated fiscal year
2000/2001 CHDO set-aside funds.
3. ARTICLE VI, DISBURSEMENT OF FUNDS, page 5, sentence (1) is deleted and replaced by
the following sentence:
The Funds shall be used by Owner for acquisition and rehabilitation of real property, and
related soft costs.
4. ARTICLE XXX, LIMITATION OF LIABILITY, page 15, is hereby deleted in its entirety and
amended as follows:
The City desires to enter into this Agreement only if in so doing the City can place a.limit on
the City's liability for any cause of action for money damages due to an alleged breach by the
City of this Agreement, so that its liability for any such breach never exceeds the sum of
$943,900. Owner hereby expresses its willingness to enter into this Agreement with Owner's
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of $943,900. Accordingly, and notwithstanding any other term or condition of this
Agreement, Owner hereby agrees that the City shall not be liable to Owner for damages in an
amount in excess of $943,900, for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon the City's liability as set forth in Florida Statutes,
Section 768.28.
5. ARTICLE XXXIV, NOTICES, page 16, the address of the Owner is hereby changed to read
as follows:
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945 Pennsylvania Avenue
Miami Beach, FL 33139
6. Except as amended by this Amendment, no term or condition of the Agreement shall be
modified and the same shall remain in full force and effect; provided, however, if any revision
of this Amendment is in conflict with, or inconsistent with, any information in the Agreement,
the provision contained in this Amendment shall govern and control.
7. This Amendment shall be binding upon and shall inure to the benefit of the respective
successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto executed this Amendment as of the day and date
first above written.
ATTEST:
MIAMI BEACH COMMUNITY
DEVELOPMENT CORPORATION
a Florida not-for-profit corporation
re, President, Authorized Signatory
Secret
~(P~
MIAMI BEACH
icipal corporation
ATTEST:
City Clerk
Mayor
\\CH2\VOl1\NEIG\Housing\RUSSElL\RESOLUTN\532 MICHIGAN AVE AMEND AGREE 2.doc
APPROVED AS TO
FORM & LANGUAGE
Ii FOR EXECUTION
'1...- J- G" 07-
Date
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