Resolution 94-21097 r \ l
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RESOLUTION NUMBER 94-21097.,'
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
THE CONTRACTUAL AGREEMENT WITH THE MIAMI BEACH
DEVELOPMENT CORPORATION (MBDC) ADOPTED JULY
28, 1993 BY RESOLUTION 93-20861, BY INSERTING
LANGUAGE INTO APPENDIX I, SCOPE OF SERVICES,
IN ORDER TO AUTHORIZE THE CITY MANAGER TO
REVIEW AND APPROVE INDIVIDUAL TRANSACTIONS
RELATED TO MBDC'S FIRST-TIME HOMEBUYER
PROGRAM.
WHEREAS, on July 28, 1993 the City of Miami Beach entered into
an Agreement with Miami Beach Development Corporation for its
Scattered Site First-Time Homebuyer Program (Agreement) ;- and
WHEREAS, the Administration intended that the Agreement
provide for the review and approval of each transaction by the City
Manager in order to provide appropriate review of the sub-
recipient's activities, while providing sufficiently prompt
response to expedite transactions which may be time sensitive, and;
WHEREAS, the enabling language permitting the City Manager to
review and approve each transaction needs to be added to the
Agreement; and
WHEREAS, the Administration and MBDC request that an Amendment
to the Agreement be effectuated by adoption of this Resolution
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Agreement
between the City of Miami Beach and the Miami Beach Development
Corporation entered into on July 28, 1993 is hereby amended by
inserting the following language into "Appendix I" , in the "Scope
of Services" section of the Agreement:
"Site, project and transaction approvals are subject to review
and approval by the City Manager of the City of Miami Beach or his
designee. Funds shall be invested by MBDC in compliance with all
applicable HOME legislative and regulatory requirements, including
specifically: a) Affordability requirements', b) Investment Limits,
and c) Targeted income of recipients."
All other terms and conditions remain in full fo ce and effect.
PASSED AND ADOPTED THIS 16th DAY OF rch gib , 1994 .
PAA
MAY. 'w
ATTEST:
laCJU' -
CITY CLERK FORM APPROVED
LEGAL DEPT.
BYTt1
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. a V
TO: Mayor Seymour Gelber and DATE: March 16 , 1994
Members of the City Commission
FROM: Roger M. Carl
City Manager
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AUTHORIZING AN AMENDMENT TO THE
CONTRACTUAL AGREEMENT ADOPTED JULY 28, 1993 BY RESOLUTION
93-20861, ESTABLISHING TRANSACTION REVIEW AND APPROVAL
BY THE CITY MANAGER.
ADMINISTRATION RECOMMENDATION:
To adopt the attached Resolution authorizing an amendment to the
Contract between the City and the Miami Beach Development
Corporation, in order to clarify individual transaction/project
approvals, by the City Manager. This will conform to the Miami
Beach Development Corporations CDHO Agreement adopted the same
date.
BACKGROUND:
On July 28, 1993, the City Commission approved two (2) Agreements
disbursing HOME Program funds to the Miami Beach Development
Corporation, for affordable housing programs. Upon review by the
Administration in conjunction with the City's Legal Department, it
was discovered that the scope of services attached to one of the
two agreements failed to include the language authorizing the City
Manager to review and approve each specific transaction.
ANALYSIS:
In order to ensure consistency of language in the two agreements,
and because the specific transactions involved are time-dependent,
it is essential that the review and approval process take place
quickly e.g. the purchase of condominium units for affordable
rental or homeowner units. Attached is a letter from Denis Russ,
President of MBDC, indicating his concurrence with amending the
Agreement. Also, for your general information and perusal Mr. Russ
has provided a description of MBDC's Affordable Housing Programs
and the Homeowner Assistance Program for first-time homebuyers.
CONCLUSION:
It is recommended that the City Commission approve the attached
Resolution amending the MBDC Agreement as previously authorized, to
include a new paragraph in the Scope of Service, as Appendix I,
which allows the City Manager to review and approve all necessary
transactions to implement the Agreement.
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RMC/STP/cah
AGENDA _
ITEM- � �(
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