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95-21745 Reso RESOLUTION NUMBER 95-21745 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH HOUSING AUTHORITY, IN THE AMOUNT OF SEVEN HUNDRED SIXTY THOUSAND DOLLARS ($760,000), FROM HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS, FOR A JOINT VENTURE AFFORDABLE RENTAL HOUSING PROJECT TO BE LOCATED AT 1231-1251 17TH STREET, MIAMI BEACH, FLORIDA, TO BE KNOWN AS THE SINGLE PARENT FAMILY HOUSING AND RESOURCE CENTER. WHEREAS, on July 8, 1992, the Mayor and City Commission adopted Resolution No. 92-20542 adopting a Mission Statement for the City and the Miami Beach Housing Authority for the development of a joint program for community development enhancement in the City of Miami Beach; and WHEREAS, on July 1 5, 1992, representatives from the City and the Housing Authority jointly presented the Mission Statement and proposed community development activities to the Area Manager of the U.S. Department of Housing and Urban Development, Region IV, Jacksonville Area Office; and WHEREAS, on November 18, 1992, the Mayor and City Commission adopted Resolution No. 92-20668 ratifying a Letter of Understanding between the Housing Authority and the City of Miami Beach representing the collective recommendations of the City Administration and the Housing Authority Board and outlining the specific projects/activities to be undertaken; and WHEREAS, the Letter of Understanding, among other activities, provided for an Affordable Housing Joint Venture wherein the Housing Authority set aside funds for this purpose and the City agreed to match such funds; and WHEREAS, the Letter of Understanding indicated that the funds may be used towards the construction or renovation of one or more residential developments affordable to families earning up to 80% of the Dade County median income and otherwise qualified for assistance from the Housing Authority; and WHEREAS, the intention of the joint venture is to build a high quality project responsive to and architecturally compatible with the neighborhood scale; and WHEREAS, on March 2, 1994 via Resolution No. 94-21077, the Mayor and City Commission endorsed the concept of a Women and Children's Resource Center in Miami Beach; and • WHEREAS, the Housing Authority has proposed to construct and operate a Single Parent Family Housing and Resource Center providing fifty-two units of permanent and transitional rental housing for victims of domestic abuse with children and low income single parent families, a child day care facility, community common space and office space (the Center); and WHEREAS, the Center will contain 16 one-bedroom units of transitional HOME rental housing (the Project) for victims of domestic abuse with children; WHEREAS, the Mayor and City Commission, by Resolution No. 94-21321 , adopted September 22, 1994, ratified a supplemental Memorandum of Understanding between the City and the Housing Authority, reserving an additional $380,000 of City HOME Investment Partnerships Program funds for a total of Seven Hundred Sixty Thousand Dollars ($760,000), to be used as a portion of the funding necessary for the Project; and WHEREAS, the Center will be located on property which has been acquired by the Housing Authority and located at 1231-1251 17th Street, Miami Beach; and WHEREAS, the Housing Authority has selected an Architectural/Engineering firm for the Center following the issuance of a Request For Proposals; and WHEREAS, construction on the Project is expected to begin within twelve months as required by the HOME Investment Partnerships Act; and WHEREAS, the Housing Authority has One Million Five-Hundred Thousand Dollars ($1 ,500,000) of equity invested in the Center which is anticipated to cost a total of 6.7 million dollars. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are authorized to execute an Agreement between the City of Miami Beach and the Miami Beach Housing Authority, in the amount of Seven Hundred Sixty Thousand Dollars ($760,000), from HOME Investment Partnerships funds, for a joint venture affordable rental housing project to be located at 1 231 -1 251 17th Street, Miami Beach, Florida, to be known as the Single Parent Family Housing and Resource Center. PASSED AND ADOPTED THIS 27th DAY ' September , • a 5. MAYOR ATTEST: FORM APPROVED CITY CLERK LE AL D PT By C:\HOME\MBHARESO Date ttf CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 'l 39' S TO: Mayor Seymour Gelber and Members of the City Commission DATE: FROM: Jose Garcia-Pedrosa September 27, 1995 City Manager SUBJECT: TO ADOPT A R OLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH HOUSING AUTHORITY, IN THE AMOUNT OF SEVEN HUNDRED SIXTY THOUSAND DOLLARS ($760, 000) , FROM HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS, FOR A JOINT VENTURE AFFORDABLE RENTAL HOUSING PROJECT TO BE LOCATED AT 1231-1251 17TH STREET, MIAMI BEACH, FLORIDA, TO BE KNOWN AS THE SINGLE PARENT FAMILY HOUSING AND RESOURCE CENTER. ADMINISTRATION RECOMMENDATION: To adopt the attached Resolution authorizing the Mayor and City Clerk to execute an Agreement between the City of Miami Beach and the Miami Beach Housing Authority (MBHA) , in the amount of Seven Hundred Sixty Thousand Dollars ($760, 000) , from HOME Investment Partnerships Program funds, for a joint venture affordable rental housing project to be located at 1231-1251 17th Street, Miami Beach, Florida, to be known as the Single-Parent Family Housing and Resource Center. Although these funds were previously committed under the terms of the Inter-Local Agreement between the City and the Housing Authority (MBHA) adopted in 1994, a specific HOME Agreement is now required by U. S. HUD so that the MBHA can access the HOME funds. BACKGROUND: On November 18, 1992, the Mayor and City Commission adopted Resolution No. 92-20668 ratifying a Letter of Understanding between the Housing Authority and the City which set aside funds for community development enhancement projects and activities to be jointly undertaken and funded. Among other activities, the Letter of Understanding provided for an Affordable Housing Joint Venture wherein the Housing Authority and the City set aside funds for a AGENDA ITEM \--— e_ DATE 9-7,7-9rj • AGREEMENT THIS AGREEMENT, entered into this 20th day of 0ctobet 1995, by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, (hereinafter referred to as the City), and The HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH, a public agency as established by State Statute 421 , having its principal office at 200 Alton Road, Miami Beach, Florida (hereinafter referred to as Provider). WITNESSETH: WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has issued rules providing for the utilization of Federal funds in the provision of affordable housing for low and moderate income persons under the HOME Investment Partnerships Act (Act); and WHEREAS, the City has established a HOME Investment Partnerships Program (Program) under the HUD rules, which provides financial assistance for the purpose of providing affordable housing within the City; and WHEREAS, the Mayor and City Commission, by Resolution No. 92-20542, adopted a Mission Statement for the City and Provider for the development of a joint program for community development enhancement in the City; and WHEREAS, the Mayor and City Commission, by Resolution No. 92-20668, ratified a Letter of Understanding between the City and Provider establishing, among other activities, the "Affordable Housing Joint Venture Fund" requiring a matching contribution from each party for the construction or renovation of one or more residential developments, affordable to families earning up to 80% of the area median income and otherwise qualified for assistance from the Provider; and WHEREAS, the Provider desires to construct a Single Parent Family Housing and Resource Center (the "Center"), located on the property legally described in Exhibit "A" attached hereto (the "Property") in accordance with the rules of the Act; and WHEREAS, the Center shall contain fifty-two units of permanent and transitional rental housing of which 16 one-bedroom transitional HOME housing units shall be hereinafter known as the "Project"; and WHEREAS, the Project will provide transitional housing for victims of domestic abuse with children within a facility which will also provide permanent affordable rental housing for low income single parent families, child day care, counseling and other social services; and WHEREAS, the Mayor and City Commission, by Resolution No. 94-21321 , adopted September 22, 1994, ratified a supplemental Memorandum of Understanding between the City and Provider reserving an additional Three Hundred Eighty Thousand Dollars ($380,000) in HOME funds, for a total investment of Seven Hundred Sixty Thousand Dollars ($760,000) in the project; and WHEREAS, the City desires that these HOME funds be used as a portion of the funding necessary for construction of the proposed Single Parent Family Housing and Resource Center; and WHEREAS, the Provider agrees to set aside all rental units in the Project for persons qualified as low income; and WHEREAS, construction on the Project is expected to begin within twelve months as required by the HOME Investment Partnerships Program; and WHEREAS, it is acknowledged and agreed that funds to be granted to the Provider and utilized for the Project derive from Federal funds appropriated to the City by the U.S. Department of Housing and Urban Development, for the uses and purposes herein referred to and, accordingly, it is acknowledged and agreed that this Agreement is entered into in compliance by the parties with all applicable provisions of Federal, State and local laws, statutes, rules and regulations; and WHEREAS, under the Constitution and statutes of the State of Florida, the Provider is exempt from all real and personal property taxes levied or imposed by any Taxing Body as hereinafter defined; and WHEREAS, the City desires to engage the Provider to render certain services in connection therewith. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties do agree as follows: 1 . Scone of Services. The City agrees to allocate HOME funds to the Provider in the amount of Seven Hundred Sixty Thousand Dollars ($760,000) (the Funds), in accordance with the preliminary Budget attached and made a fully binding part of this Agreement, as Appendix 1 . The Funds will be used by the Provider for the new construction costs of 16 one-bedroom HOME units within a Single Parent Housing and Resource Center which will provide housing and social services to low income persons with children who are victims of domestic abuse, and single parent families who are homeless or at-risk of becoming homeless. The Center will contain fifty-two (52) units of new construction including twelve (12) three-bedroom units; twenty four (24) two- bedroom units; and sixteen (16) one bedroom units of transitional housing, (referred to herein as the HOME units or the Project). The Center will include social work offices and a child and infant day care center to accommodate sixty (60) to one hundred (100) children. The Center will be located on the Property, a description herein attached as Exhibit A, located at 17th Street and Alton Court, Miami Beach, Florida. The Provider's Social Service Department and the Barry University School of Social Work will provide support services to meet the special needs of this population. It is proposed that the child care center and a food service component will provide job training opportunities for clients living in the facility. 2 " 1 2. Commencement and Completion. The Provider shall commence construction of the Project within twelve (12) months of the date of submission by the City of a Project Set-Up Report to the HUD Cash and Management System and shall cause construction to be pursued with diligence and dispatch so that the Improvements, including but not limited to, main buildings, parking, paving, landscaping, city water, sewer and electrical lines are erected on the property fully complete in accordance with the Final Plans, and ready for occupancy by December 1997, free and clear of all liens or claims for materials, labor, services, or other items furnished in the construction of the Project and in full compliance with all building, zoning and other applicable local, state and federal ordinances, statutes, laws and regulations. Said completion date shall be extended for delays that the Provider has no control of such as flooding or hurricanes, but in no event for a period of time longer than sixty (60) days. Completion shall be evidenced by issuance of a Certificate of Occupancy or Completion on all of the Improvements by the governmental authorities having jurisdiction. 3. Knowledge of HOME Regulations. The City is responsible for ensuring that the Funds are used in accordance with Program requirements, as outlined in the HOME Regulations, 24 CFR Part 92, a copy of which has been provided to the Provider. As a condition precedent to the execution of this Agreement, the Provider herein represents and warrants to the City that it acknowledges receipt of the HOME Regulations and is knowledgeable of said Regulations, as same may be amended from time to time. Additionally, the Provider also warrants and represents to the City that at the time of execution of this Agreement, it is in compliance with any and all applicable HOME Regulations, and shall remain in compliance with such Regulations throughout the term and duration of this Agreement. In the event of a conflict between the terms of this Agreement and the HOME Regulations, the provisions of the applicable HOME Regulations shall prevail. 4. Set Aside of HOME Units/Rent Restrictions/Income Targeting. It is herein understood by the Provider that, as a condition to the City's allocation of the Funds to the Provider, that sixteen (16) one bedroom units of transitional housing will be designated as the "HOME Units. "Transitional Housing" means housing that has as its purpose facilitating the movement of individuals and families to independent living within a time period that is set by the Project owner before occupancy. The City and Provider agree that the time period anticipated for the transition process is three months to one year. The HOME units shall be subject to the maximum per-unit subsidy limits under 24 CFR Part 92.250. The current HOME maximum per unit subsidy limits for the City are attached hereto as Exhibit B. In no event may the maximum HOME per unit subsidy exceed the actual development cost of the HOME assisted unit. Income Targeting. The Provider agrees to meet the following occupancy requirements for the Project: LONG TERM PROJECT OCCUPANCY: The Provider agrees that for twenty years from the date of receipt of a Final Certificate of Occupancy or, if the property is financed with a mortgage insured by HUD, the term 3 of the HUD insured mortgage, whichever occurs later,the income of the tenants in the Project shall meet the requirements of 24 CFR 92.252 of the HOME Program regulations, as currently in effect, specifically: 4 units are to be occupied by families with annual incomes at or below 50% Median Family Income. 11 units are to be occupied by families with annual incomes at or below 60% Median Family Income. 1 unit is to be occupied by a family with an annual income at or below 80% Median Family Income. Current area median income figures for the Metropolitan Dade County area are attached hereto as Exhibit "C". Rent Restrictions. The HOME Units shall be subject to the rent restrictions as set forth in 24 CFR Part 92.252. The current rent limitations for the Metropolitan Dade County area are attached hereto as Exhibit "D". Maximum monthly rents and utility allowances must be established annually in accordance with HUD guidelines. HOME Rents shall be restricted throughout the period of affordability as follows: a) HIGH HOME RENTS: 80% of the HOME Units must have rents not higher than the lessor of the Section 8 Fair Market Rents (or area wide exception rents), minus tenant paid utilities OR rents which are 30% of adjusted income for households at 65% of median income, minus tenant paid utilities. b) LOW HOME RENTS: At least 20% of the HOME Units must have rents which are equal to or less than 30% of annual incomes for households at 50% of median income, minus tenant paid utilities. These units must carry a rent that is the lowest rent computed under the rent computation guidelines and be occupied by very low income tenants. 5. Definition of "Total Project Cost". "Total Project Cost" shall include, but not be limited to, the cost of acquisition, construction, soft costs and any and all other costs as shall be necessary for the Project to obtain a Final Certificate of Occupancy. 6. Repayment of Funds; Transfer of Title. The Funds (which definition shall include the allocation of any additional funds that may be provided by the City in the future as a result of an amendment or modification to this Agreement) shall be repaid in their entirety if the HOME Units do not meet the affordability requirements for the specified time period, in accordance with the terms of this Agreement and the Regulations. Any violation of the affordability requirements may, at the City's option, result in the entire amount of the Funds, as indicated in Paragraph 1 or as subsequently amended or modified, to be returned and/or otherwise repaid by the Provider to the City. The City reserves the right to review compliance with all affordability requirements, as set forth herein. 4 Concurrent with its execution of this Agreement, the Provider shall execute a Restrictive Covenant, a copy of which is attached hereto and incorporated herein as Exhibit "E", incorporating the terms of this section. 7. Property Standards. The Project at a minimum must meet the Housing Quality Standards of Section 882.109 of this title, all applicable local codes, ordinances, and zoning ordinances. The Project must meet the current edition of the model Energy Code published by the Council of American Building Officials and local codes for the duration of this Agreement or any modification, amendments or successor agreements hereto. The City will conduct an on site inspection of the Project once within each two year period to determine and document compliance with these Property Standard requirements. S. Ineligible Contractors. The Provider may not award any contract for construction work to be paid for in whole or in part with federal grant funds, to any contractor or sub- contractor who, at the time of contract execution, is ineligible under the provisions of any applicable regulations issued by the Secretary of Labor or the Federal Government, to receive such award. 9. Federal Labor Standards. All laborers must be paid at wages not less than those contained in the official wage determination of the Secretary of Labor for each classification of work (Davis Bacon Act). Any property containing twelve (12) or more assisted units under the HOME Program, must comply with all Federal Labor Standards provisions. A pre-construction conference must be held by the City, with the contractor, all sub-contractors, and Provider in order to address the extent of the work to be performed, the schedule, special conditions, labor standards provisions and any specific concerns or questions any of the parties may have. 10. Access to Property and Records. Designated personnel of the City and HUD shall have the right to inspect the work, contracts, materials, equipment, payrolls and all records relative to the Project. At any time during normal business hours, there shall be made available to representatives of the City and/or Federal Government to review, to inspect or audit, all records, documentation, and any other data relating to all matters covered by this Agreement. If during the course of this monitoring, the City determines that any payments made to the Provider do not constitute an allowable expenditure, the City will the have the right to deduct/reduce those amounts from the related invoices. The Provider agrees to maintain records necessary to document compliance with the provisions of this Agreement. 11 . Property Inspection. The Provider shall retain the services of a qualified inspector (i.e., licensed architect or professional engineer) who must periodically inspect the property during the construction project and certify to the City that the percentage of work has been completed in accordance with the approved plans and specifications. The American Institute of Architect's Standards, or an approved equivalent, must be used for such certifications. The City must review and approve each request for payment to the contractor for work completed. The Provider shall not issue payment to the 5 contractor unless the City has reviewed and approved the contractor's request for payment. 12. Uniform Administrative Requirements. The Provider shall comply with all applicable administrative requirements as provided in 24 CFR Part 92.505. 1 3. Reports. The Provider assures prompt and efficient submission of the following: a. Construction Contract. Copy of executed contract between the Provider and a licensed General Contractor which includes construction schedule(commencement and completion dates), contract price, scope of work, Federal Labor Standards Provisions (HUD Form 4010), and applicable federal regulations and standards. b. Architectural/Engineering Services Contract. Copy of contract between the Provider and a licensed Architectural Firm. • c. An itemized cost estimate, prepared by a licensed architect or engineer, by unit price, showing the estimated construction cost for the work to be performed, which is based on the scope of work and technical specifications contained in the work write- up. d. Two (2) sets of to-scale plans of the proposed Project that include site plans, floor plans, elevations, and a certified survey. e. Tenant and Rent Schedule Certification. 1) The Provider shall submit to the City for approval, the proposed rents for the HOME Units and, if applicable, the monthly allowances, proposed by the Provider, for utilities and services to be paid by the tenant. 2) The Provider shall provide the City with the initial tenant list, and any and all subsequent updates, amendments and modifications thereto, with documentation for all tenants in the HOME Units confirming family size, income, financial classification, ethnicity, and the amount of HOME rent. This report will continue to be required for the full period of affordability hereunder, beginning on the date of issuance of a Final Certificate of Occupancy for the Project. 3) Annually, the Provider shall deliver to the City's Housing and Community Development Division, by October 1st of each calendar year, its signed report in form and substance acceptable to the City, to include names of tenants, unit type, family size and income, rents charged, and occupancy/vacancy factor of each unit for the prior calendar year. The report shall also provide complete information on the transition outcomes of the tenants who occupied the HOME units. This report will continue to be required for the full period of affordability hereunder, beginning on the date of issuance of a Final Certificate of Occupancy for the Project. 6 f. Reauest for Disbursement of Funds. Requests for disbursement of funds under this Agreement are only to be submitted when the funds are needed for payment of eligible costs. The amount of each such request shall be limited to the amount needed. The City shall provide funds to the Provider through the Cash and Management Information System of the U.S. Department of Housing and Urban Development, in accordance with 24 CFR 92.502. Once a notice to commence construction has been issued by the City, the funds may be disbursed as follows: 1) During the construction phase - Not more often than once a month, a payment may be issued. The payment will be equivalent to ninety percent (90%) of the percentage of work completed in the previous month (as certified by the Provider's Architect by use of an AIA payment certification form or an approved equivalent, and confirmed by the City's Building Services Division). The remaining ten percent (10%) of the funds shall be paid upon completion, approval and acceptance of the construction work and related documentation by all governmental agencies and authorities having jurisdiction over the Project. The percentage completion is to be multiplied by the value of each cost element. The total of these amounts is equivalent to the dollar value of the work completed. The City shall pay a proportionate share for the work completed based upon the square footage of the HOME units in relation to the square footage of the Center. 2) Final Payment - The remaining (final) ten percent (10%) of the Funds shall be paid upon completion by the Provider and or/general contractor, with the following: (a) Completion of all work and receipt by the City of a final Certification of Completion; and (b) Approval and acceptance of the work by all governmental agencies and authorities having jurisdiction over the Project, including the issuance of a Certificate of Completion or Certificate of Occupancy, as applicable; and (c) Receipt and approval by the City of all documentation for compliance with Federal Labor Standards; and (d) Receipt and approval by the City of a certified statement showing that the property is free and clear of mechanics, materialmen's or any other type of liens of obligations related to the construction of the Project. Items (c) and (d) must be submitted by the Provider within thirty (30) days from the date when a Final Certificate of Completion is issued. g. Progress Reports. Prior to the construction phase, the Provider agrees to submit, at a minimum, quarterly reports to the City describing the status of the Project. It will be the responsibility of the Provider to notify the City in writing, of any actions, law 7 or event that will impede or hinder the success or agreed upon development schedule of the Project. 14. Certifications of the Provider. The Provider shall certify to the City at the time of rental of each dwelling unit within the Project (and each time thereafter, as to all subsequent rentals within the Project) that: a. each unit is in compliance with applicable HUD housing quality standards and the City's Housing Code requirements; b. all tenants eligible for occupancy within the Project are to be provided with leases of at least twelve (12) months in duration, unless by mutual agreement between the tenant and the Provider; c. it has ensured, through a separate individual agreement with the tenant, if it so deems necessary, that each tenant has agreed to maintain his apartment in good repair throughout the term of the lease; d. rents charged in the Project shall be in accordance with 24 CFR Part 92.252(a) rent limitation, subject to the affordability requirements set forth herein and pursuant to 24 CFR Part 92.252; 1 5. Tenant Selection. The Provider, as an owner of rental housing assisted with HOME funds, must adopt written tenant selection policies and criteria in accordance with 24 CFR Part 92.253 (e). The Provider shall furnish the policies to the City for review prior to issuance of the Final Certificate of Occupancy. 16. Affirmative Marketina. The Provider shall undertake an Affirmative Marketing Program, as same is described in 24 CFR Part 92.351 . Housing must be affirmatively marketed to all persons within the special needs groups targeted by the Project. A good faith effort must be made to inform and solicit applications from members of the special needs groups throughout the market area. Access to the Project may not be denied on the basis of race, ethnicity or gender. 17. Annual Payments In Lieu of Property Taxes a. The City and the Provider hereby confirm that the Project is exempt from all real and personal property taxes and special assessments levied by the City. b. The City agrees that it will not levy or impose any real or personal property taxes upon the Project or upon the Provider with respect thereto so long as either (1) the Project is used for housing for persons of low or very low income or (2) the Agreement to Enter Into Housing Assistance Payments Contract or the Housing Assistance Payments Contract between the Provider and the Government, in connection with the Project shall remain in full force and effect, or (3) any bonds issued in connection with the Project shall remain outstanding, whichever period is the longest. During such period, the Provider shall make annual payments (the Payments in Lieu of Taxes) in lieu of such taxes and in 8 payment for public services and facilities furnished for or with respect to the Project. Each such annual Payment in Lieu of Taxes shall be made by the Provider to the City Finance Department no later than 120 days after the Provider's fiscal year end on June 30, and shall be in an amount equal to (i) $9,500 with an adjustment annually, based on the percentage of increase (not to exceed the now existing legal cap) or decrease in the total millage levied by the City; or (ii) the amount of real property taxes that would have been paid to such Taxing Body for such year if the Project was not exempt from taxation, whichever amount is the lowest. The first payment of $9,500 shall be due and payable to the City by October 30th following the issuance of the Certificate of Occupancy. c. Any late payments under this Agreement will carry a late payment interest charge of twelve percent (12%) per annum. d. The City shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in the proportion which the real property taxes (for the tax year for which such payments are made) would have been paid to each Taxing Body if the Project were not exempt from taxation; provided, however that no payments for any year shall be made to any Taxing Body (including the City) in excess of the amount of real property taxes for such year which would have been paid to each unit if the Project were not exempt from taxation. e. If the City shall, within a reasonable time after written notice from the Provider fail or refuse to furnish or cause to be furnished any of the services or facilities which it is obligated, then the Provider may proceed to obtain such services or facilities elsewhere and the Provider may deduct the cost thereof from any Payments in Lieu of Taxes due or to become due in respect to the Project. f. The term "Taxing Body" shall mean the State or any city (including the City), town, county or political subdivision of the State. 18. Termination of Agreement. This agreement may be terminated, in whole or in part in accordance with the provisions of 24 CFR, Part 85.44. A written notification shall be required, and shall include the reason for the termination for convenience, the effective date, and in the case of a partial termination, the actual portion to be terminated for convenience. Notwithstanding the language set forth herein, the City's reasons for terminating this Agreement for convenience, in whole or in part, shall not be arbitrary or capricious. 19. Term of Agreement. This Agreement shall be deemed effective upon being duly executed by both parties, and shall end twenty (20) years after the Project is first available for occupancy or, if the property is financed by a HUD insured Mortgage, the term of the HUD insured Mortgage, whichever is later. Any obligation on the part of 9 the Provider described herein to provide records or other information shall continue for such period of time as is required by the Regulations. 20. Amendments. Any amendments, alterations, variations, modifications or waivers of any provisions to this Agreement, including an increased allocation of Funds, will only be valid when such amendments, alterations, variations, modifications and/or waivers have been reduced to writing and signed by the parties hereto. 21 . Project Review. The City is responsible for monitoring the operations of the HOME Program, and for taking action when performance problems arise. Accordingly, not less often than annually, the City shall review the activities of the Provider, to assess compliance with the requirements of this Agreement, and with HOME Regulations. The results of each review will be included in the City's performance report to HUD, as required by 24 CFR Part 91 . 22. Audit. At least annually (within 90 days of the end of the Provider's fiscal year ending June 30), the Provider shall submit to the City such financial information pertaining to the Project as the City shall request including, without limitation, a certified copy of the report of its independent auditors and the Provider's response thereto. The audit shall be performed in accordance with the requirements of the Single Audit Act of 1984, OMB Circular A-128, and Government Auditing Standards (1994 Revision) issued by the Comptroller General of the United States. 23. Conflict of Interest. The Provider shall comply with 24 CFR, Part 92.356 as applicable. 24. Maintenance of Records. The Provider agrees that it will maintain all records required pursuant to 24 CFR Part 92, and other regulations, in an orderly fashion in a readily accessible, permanent and secured location, and that it will prepare and submit all reports necessary to assist the City in meeting record keeping and reporting requirements thereunder. The Provider shall maintain the following records: a Records that demonstrate that the Project meets the property standards set forth in 24 CFR, Part 92.251; b. Records that demonstrate compliance with the requirements of 24 CFR, Part 92.253 for tenant and participant protection. (Records must be kept for each family assisted); c. Equal opportunity and fair housing records, containing: 1 . Data on the extent to which each racial and ethnic group and single- headed households (by gender of household head) have applied for, participated in, or benefitted from, any program or activity funded in whole, or in part with HOME Funds; 10 2. Documentation of actions undertaken to meet the requirements of CFR 24 Part 92, Article 92.350 which implements Section 3 of the Housing Development Act of 1968, as amended; 3. Documentation and data on the steps taken to implement the jurisdiction's outreach programs to minority owned and female owned businesses, including data indicating the racial/ethnic or gender character of each business entity receiving a contract of $25,000 or more paid with HOME funds; the amount of the contract or sub- contract, and documentation of the Provider's steps to assure that minority and women's business enterprises have an equal opportunity to obtain or to compete for contracts or subcontracts as sources of supplies, equipment, construction and services; 4. Documentation of the actions the Provider has taken to affirmatively further fair housing; 5. Records documenting compliance with the affirmative marketing procedures and requirements described in 24 CFR Part 92, Part 92.351; d. Records documenting compliance with the displacement, relocation and real property acquisition procedures and requirements described in 24 CFR Part 92.353; e. Records documenting compliance with the labor requirements described in 24 CFR Part 92.354 pursuant to the Davis-Bacon Act,including contract provisions and payroll records; f. Records documenting compliance with the lead based paint requirements described in 24 CFR Part 92, Article 92.355; g. Records supporting requests for waiver of the conflict of interest prohibition described in 24 CFR Part 92.356; h. Records of certifications concerning debarment and suspensions required by 24 CFR Part 92.357, and 24 CFR, Part 24; Records documenting compliance with the flood insurance requirements described in 24 CFR Part 92, Article 92.358; j. Records documenting sources and amounts of repayments, interest, and other return of investment of HOME Funds; k. Financial and related records required by 24 CFR Part 92, Article 92.505; Period of Record retention. Records are to be maintained, as required by HUD regulations, for a period of at least three (3) years after the expiration of the 11 affordability period (i.e. the records must be maintained, at a minimum, for a period of twenty-three (23) years following the issuance of a Final Certificate of Occupancy for the Project). If any litigation, claim, negotiation, audit, or other action is started before the expiration date, the records will be retained until completion of the action and resolution of all issues which arise from it. 25. Compliance with Laws. Notwithstanding any of the provisions of this Agreement, the Provider agrees to comply with all Federal, State and local regulations as they may apply to the Project; including, but not limited to, the Federal requirements set forth in the attached Exhibit "F". 26. Assignment This Agreement may not be assigned or transferred by the Provider without the prior written consent of the City thereto. It shall be deemed a default of this Agreement in the event that the Provider does not strictly comply with the procedures established herein for obtaining City consent to assignment or transfer as defined by this Paragraph. In the event such consent is not obtained, in the manner prescribed herein, the City shall be entitled to declare a default, cancel this Agreement, and resort to its rights and remedies against the defaulting party. In the event the Provider transfers an interest of more than one (1 %) percent ownership in its stock by pledge, sale, or otherwise; or if the Provider makes an assignment for the benefit of its creditors, or uses this Agreement as security or collateral for any loan; or if the Provider is involved in any bulk transfer of its business or assets, then in that event each of the foregoing actions shall also be deemed an assignment of this Agreement and shall require the City's prior written consent. A merger, dissolution, consolidation, conversion, liquidation or appointment of a receivership for the Provider, shall be deemed an assignment of this Agreement and will require the prior written consent of the City thereto. 27. Events of Default. The City may place the Provider in default of this Agreement and may suspend or terminate this Agreement in whole or in part for cause. "Cause" shall include the following: a. Failure to comply and/or perform in accordance with any of the terms and conditions of this Agreement, or any Federal, State or local regulation; b. Submitting any required report to the City which is late,incorrect, or incomplete in any material respect after notice and reasonable opportunity to cure, as set forth in subparagraph 27 (h) hereof, has been given by the City to the Provider; c. Implementation of this Agreement, for any reason is rendered impossible or infeasible; d. Failure to respond in writing within 30 days of notice of same from City to any concerns raised by the City, including providing substantiating documentation when requested by the City; 12 e. Any evidence of fraud, waste or mismanagement as determined by the City's monitoring of the Project, or any violation of applicable HUD rules and regulations; f. The Provider's insolvency or bankruptcy; g. An assignment or transfer of this Agreement or any interest therein which does not comply with the procedures set forth in Paragraph 27 herein; h. Failure to comply and/or perform in accordance with the affordability requirements,and/or an unauthorized transfer of title to the Project. In the event of a default the City may, thirty (30) days after mailing to the Provider a notice of such default as set forth herein, automatically cancel and terminate this Agreement without liability to any party to this Agreement. If the default complained of is not fully and satisfactorily cured within thirty (30) days of the Providers' receipt of such notice of default to the Provider, at the expiration of said thirty (30) day period (or such additional period of time as permitted by the City, at its sole discretion, as required to cure such default in the event the Provider is diligently pursuing curative efforts) this Agreement may, at the City's sole option and discretion, be deemed automatically canceled and terminated, and the City fully discharged from any and all liabilities, duties and terms arising out of, or accruing by virtue of this Agreement and the Project. 28. Additional Remedies. In the event of a default, the City shall additionally be entitled to bring any and all legal and/or equitable actions which it deems to be in its best interest, in Dade County, Florida, in order to enforce the City's rights and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorney's fees. To the extent allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive counterclaims against the City in any such action. 29. Notices. All notices shall be sent to the parties at the following addresses, with copies to the Office of the City Attorney: City: Shirley Taylor-Prakelt, Director Housing and Community Development City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 with copies to: Murray H. Dubbin, Interim City Attorney 13 Provider: David H. Nevel, Executive Director Miami Beach Housing Authority 200 Alton Road Miami Beach, FL 33139 with copies to: Neil McGuffin, Grant Writer Tom Calderon, Comptroller The above parties may change such addresses at any time upon giving the other party written notification. All notices under this Agreement must be in writing and shall be deemed to be served when delivered to the address of the addressee. All notices served by mail shall be registered mail, return-receipt requested. 30. LIMITATION OF LIABILITY: 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 $760,000.00. The Provider hereby expresses its willingness to enter into this Agreement with the Provider's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $760,000.00. Accordingly, and notwithstanding any other term or condition of this Agreement, the Provider hereby agrees that the City shall not be liable to the Provider for damages in an amount in excess of $760,000.00, 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. 31 . ARBITRATION: Any controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association,and the arbitration award shall be final and binding upon the parties hereto and subject to no appeal, and shall deal with the question of the costs of arbitration and all matter related thereto. In that regard, the parties shall mutually select an arbitrator, but to the extent the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgement upon the award rendered may be entered into any court having jurisdiction, or application maybe made to such court for an order of enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement, or the breach thereof, including any controversy or claim relating to the right to specific performance shall be settled by litigation and not arbitration. 14 • 32. INSURANCE. The Provider, through an insurance carrier, shall provide a General Liability Policy with coverage for Bodily Injury and Property Damage, in the amount of $200,000 single limit; and the City of Miami Beach shall be named as an additional insured followed by the statement: "This coverage is primary to all other coverage carried by the City covering this specific Agreement only." The Provider shall hold proof of Workers' Compensation Coverage as per statutory limits of the State of Florida. Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved in any way in the performance of the Agreement. The Provider shall submit to the City an ORIGINAL Certificate of Insurance. All insurance coverage shall be approved by the City's Risk Manager prior to the release of any funds under this Agreement. Further, in the event such insurance is not forwarded to the City's Risk Manager within thirty (30) days after the execution of this Agreement, this Agreement shall become null and void and the City shall have no obligation under the terms thereof unless a written extension of this thirty (30) day requirement is secured from the Insurance Manager. 33. ADDITIONAL CONDITIONS AND COMPENSATION. It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be used for the compensation, originated from grants of federal HOME Investment Partnerships Program funds, and must be implemented with all of the applicable rules and regulation of the U.S. Department of Housing and Urban Development. It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant funds, that the financial sources necessary to continue to pay the Provider compensation will not be available and that this Agreement will thereby terminate effective as of the time it is determined that said funds are no longer available. In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liable, the City or any individual member of the City Commission thereof, personally for the performance of this Agreement and all parties hereto shall be released from further liability each to the other under the terms of this Agreement. 34. ACCESSIBILITY LAWS COMPLIANCE. The Provider agrees to adhere to and be governed by all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C. 12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services 15 Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. The Rehabilitation Act of 1973: 29 U.S.C. Section 794. The Federal Transit Act, as amended: 49 U.S.C. Section 1612. The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631 . The Provider must complete and submit the City's Disability Non-Discrimination Affidavit (Affidavit). In the event Provider fails to execute the City's Affidavit, or is found to be in non-compliance with the provisions of the Affidavit, the City may impose such sanctions as it may determine to be appropriate, including but not limited to, withholding of payments to Provider under the Agreement until compliance and/or cancellation, termination or suspension of the Agreement in whole or in part. In the event the City cancels or terminates the Agreement pursuant to this Section, Provider shall not be relieved of liability to the City for damages sustained by the City by virtue of the Provider's breach of the Agreement. 16 APPENDIX 1 BUDGET 17 APPENDIX 1 HOUSING AND RESOURCE CENTER CONSTRUCTION/PERMANENT BUDGET AS OF SEPTEMBER 1995 USES: Total Land Costs 980,000 Total Title Costs 20,000 Total New Construction Costs 4,571,488 Total Architectual Costs 384,326 Total Survey and Engineering Costs 94,186 Total Construction Interest and Fees 275,000 Total Construction Contingency 233,943 Total General Development Costs 0 Tax Credit Application/Reserve/Monitoring Fees 0 Total Equipment and Furnishings 100,000 TOTAL $6,658,943 SOURCES: Construction/Permanent Lender $1,598,943 Predevelopment Loan 0 Federal Home Loan Bank/Affordable Housing Program 500,000 Bond Proceeds 2,300,000 Equity 1,500,000 !TOME 760,000 TOTAL $6,658,943 GAP 0 Its;('`110,11^.M1IItHAAUkm.IBo!) ' HOUSING & RESOURCE CENTER Page Development Budget DRAFT Revised 06/08/95 Residential Lands Costs Land Costs $980,000.00 Legal/Title Fees $20,000.00 Total Acquisition Costs $1,000,000.00 New Construction: Site Work/Utilities,Sea Wall etc. $200,000.00 Structures $4,371,488.00 Total New Construction Costs $4,571,488.00 Architectural Fees: Design/Engineering $384,326.00 Total Architectural Costs $384,326.00 Survey and Engineering Costs: Engineering Costs $94,186.00 Total Survey and Engineering Costs $94,186.00 Construction Interest and Fees: Construction Loan Interest $50,000.00 Origination Fee $25,000.00 Credit Enhancement and Application Fee $0.00 Bond Premium S0.00 Insurance $20,000.00 Title and Recording $0.00 Total Construction Interest and Fees $95,000.00 Permanent Financing: Permanent Origination Fee $75,000.00 Bond Fees $0.00 Tale and Recording $25,000.00 Other $0.00 Total Permanent Financing Costs $100,000.00 Legal Fees: Lender Legal Costs Paid by Applicant Transaction Legal $80,000.00 Total Legal Fees $80,000.00 Total Construction Contingency $233,943.00 Equipment and Furnishings: Dwelling Equipment $52,000.00 Community Facility Equipment $48,000.00 Total Equipment and Furnishings $100,000.00 TOTAL DEVELOPMENT COST $6,658,943.00 HOUSING&RESOURCE CENTER PAGE OPERATING BUDGET DATE 06/08/95 DRAFT First Stabilized Year Operating Expense Budget EXPENSES Per Unit Total Administration Advertising $38 $2,000 Telephone $46 $2,400 Legal and Audit $192 $10,000 Leased Furniture Administrative Other Total Administration $277 $14,400 Payroll Resident Manager Salary $481 $25,000 Custodian $288 $15,000 Engineer's Salary Security Personnel $385 $20,020 Other Salaries Taxes/Benefits $192 $10,000 Other Payroll Expenses Total Payroll $1,347 $70,020 Utilities Fuel Gas $10 $520 Electric $120 $6,240 Water and Sewer $200 $10,400 Other $70 $3,640 Total Utilities $400 $20,800 Repairs/Maintenance Pest Control $17 $884 Building Maintenance/Repairs $127 $6,604 Decorating $25 $1,300 Cleaning $42 $2,184 Supplies $20 $1,040 Elevator Maintenance $116 $6,032 Pool Maintenance Parking Landscape $54 $2,808 Other $37 $1,924 Total Repairs/Maintenance $438 $22,776 Real Estate Taxes $125 $6,500 Insurance $500 $26,000 Other Taxes, Licenses Ground Rent Model Unit Expenses Employee Unit Expenses Other Miscellaneous Subtotal S625 $32 500 Management Fee Replacement Reserve $150 $7,800 TOTAL EXPENSES $3,236 $168,296 • ' r 2 22 S 1 2 2 nN N � O OS ♦pp4 f Yp O N 0w`w00. O 04 Vk pN��Mp M oN y� N .Np rNp N • N O N 2 2 V �A oAo ��2p N N h O n aD,_, a ♦_ ♦ OIair O O . N • ✓ 1f N M N.O0 N ea el 0 0 00 1N4� MM N N N N �40 Np N 1�) 10 r g n S V 2 2 w N N 2 S) a� � S o0 a a s o O. NN NMb n> 0N010 g b N N NMM �M Np M S 0 01 0 N 0 O O n N N in 0 m N_ -.�0 p -p �p �p p 1 108o1+1267.q2qN O Ol Ol ONI O O O 7' N N N V) N N M A 10 1p M M N N N N M N M N NNga�Q r : N N a N'OgarN r a a. o 0 N en-N 01 f0 N N O Of 0 10 M M M N N M M N N N N N W O ,Np10nna� N N N w 0 ~ ' a400e MNm ram00 em'p ' 01 O1 O Z Opp1„1 N,N O N O O ✓ 0. N M N N M 0 N N N b 9 w .0 N ppf1 N ON N N N N M Q' 00 e0 e0 NYN) A M N N N OO) n MMMMOOpp1 O Q mMYN) mN O O O O Uf W C ' N N N M N M N N N N N N b MrvN nh S 8 $ N N N 2 O m♦Ne--w.0 ep0 o N. = NOI m1NOA8 11OQpp! �Op1 QN) O O 0 f N Y N M= N 14 N N N 4,N M M 98 88 iV,. g 2 2 N N H 2 0. .pppp O O OmN0_f010 ♦ 8 N N 0 t 0 ON NN N N N N N N $ = NN -00 ,0 0 .0 OO � M NcoYYN pNA0 �O O M O O 0 O 0 ` M3 NAM NN N N N N 08pp2p�Ta�tAyS 2 2 8 N N A TNIeI ; r 8 Z. Z. 0 N f N N. O 0 N f 0 e 0 N N N M N N N N �`gggN� 8 S 8 N N g ' 888 8 w q^ IG 1�P1 .,p p'' 04 01 0 8`O «p :N 0010 O1 Ol 1� O O Z YfO fOV rn 0 1G M V eh lh O ^I Z m e,M1 Oj vNv MNv a0 " N e0 ^ N Q NOO C N N M M N N M M M M M o pp ({�y qq �p ��pp p pp pp M • O 01 O O N N O) N N n r Y 8 8 8 8 S 2SA822 x a 8 o 0 2 EAR. • • �� r. e er o »" SM N N N N N N fol N N M:R�B 8 8 N N —m a 88 8 0, 8 O t N 8p OOfN f A OO O O N > bR� �8 88N2 N8 N N N N N N 888888 8 8 8 8 N A A S� NNON - p m '75. a. 2. co 10 N rvO rvopHMN NN N N N N N 2 o�� m_ Z Z Q��w a re w r NW N w Z U w Z = W 0 ILw Z N w 1 0 ? 0 O UOw O ? U Z g i Z F- g W Fweew-hN. U w 2.(Z WOO Z w Z>w a 0.-.M O O W 0 g Z< =U LL a w<O O rii w A 0 a w z m c=. ?d> 0 w wzaO( z OwOm 0 0 00^Nme,l 0), LL4'O h lV O ' IN WITNESS WHEREOF, the Provider has caused this Agreement to be executed by its duly authorized officer(s), and the City has caused this Agreement to be executed by its duly authorized officer(s), the day and year first above written. ATTEST: MIAMI BEACH HOUSING AUTHORITY Secretary Howard Galbut, Chairman ATTEST: CITY OF IAMI BEACH • City Clerk n Seymour elber, Mayor C:IHOMEI MBHAAGR.BS FORM APPROVED LEGAL D PT. By Date ._IL-s- . 18 SCHEDULE OF EXHIBITS Exhibit A -- Legal Description of Property Exhibit B -- Maximum Per-Unit Subsidy Limits Exhibit C -- Income Limitations Exhibit D -- Rent Limitations Exhibit E -- Restrictive Covenant Exhibit F -- Other Federal Requirements Exhibit G -- Disability Nondiscrimination Affidavit 19 EXHIBIT "A" LEGAL DESCRIPTION PARCEL I: Lots 7, 8 and 9, Block 17, of ALTON BEACH REALTY COMPANY, as Subdivision of the West 1/2 of Blocks 17, 40 and 45 according the Plat thereof, recorded in Plat Book 6, at Page 165, of the Public Records of Dade County, Florida; and PARCEL II: Begin at the most Northerly corner of Lot 11 , in Block 41 of EELLEVIEW SUBDIVISION, according to the Plat thereof recorded in Plat Book 6, at Page 114 of the Public Records of Dade County, Florida; thence run Southeasterly along the Northeasterly line of said Lot 11 for a distance of 101 .78 feet to a point; thence run Northwesterly for a distance of 138.80 feet to the point of intersection with the Northwesterly line of said Lot 1 1 , said point of intersection being 94.00 feet Southwesterly of the Northerly corner of said Lot 11; thence run Northeasterly along the Northwesterly line of said Lot 11 for a distance of 94.00 feet to the point of Beginning (hereinafter the "Property"). 20 EXHIBIT "B" HOME PER-UNIT SUBSIDY LIMITS 21 HOME PROGRAM MAXIMUM PER-UNIT SUBSIDY LIMITS As of May 1994: City of Miami Beach Participating Jurisdiction 0-Bedroom* $56,994 1-Bedroom $65,332 2-Bedroom $79,443 3-Bedroom $102,772 4-Bedroom $112,812 * 0-bedrooms includes efficiency units and Single Room Occupancy (SRO) units bs.C:\HOME\SUBSIDY.LMr EXHIBIT "C" INCOME LIMITS , ;r ZO 00 00 00 OQ 00 00 00 00 OO 00 00 00 N n n n n n n n n O n n in 0 m 0 0 0 O n cc C) co V n Is 10 17)in O) O a c') to CO a 0 c') ♦ in N tO C) W N n CO n V 01 n ^ C) co C1 CO tO--• ^ V n C) at n 01 r` 01-- a. N C) N V N C) N V CV C) (4 c') N V CI C) N V N V N V ^ Cl IX) :i 7t 0 et Q0 OO OO O� 00 00 00 QO QO OO QO 00 N n n n n VOV VOV nO Vn Vn 00 Vn On CO C`r` N Cl C) in n V ^ n co V 10 CO N N C) V V W C7 IDN C)N V 01 NID CV ID V a ON In hV N V CO 01 a NC) NV NC) NC) (11 (') NC) NC) NC') N V NV N V ^N N r O 00 O 00 00 00 00 00 88 00 00 00 00 V) IOU) O 100 010 n O n 0 00 in 0 vn my nO in in C cov 0 Is CO my ON 0r• mn NN co a*sr an Nn W 01^ n ^V NtO ^ C) ^ C) NtO 0) 0 C7 co n^ n^ Nr` p •-C7 N V N C) N C) N C) N C) N C) ^ C) N C) N V N V ^N to N . O 80 p 10npp p $n np I..0 nn 0n 010 01 0m in in C C)C) N N N V N 01 ID C) ID C) C)0 aO co --V s.m ^10 0 co XW CO O) CI ON ^ C) co 01^ •-V r'CO Nn .r CO V c0 ID ID 0. '-' N N C) N C) N C) ^ C) •- C) N CI ^ N N C') N C) N C) '-N •-•n J p .. O 00 00 00 00 00 00 88 08 08 08 00 00 W 1 m 0 n m n n n to m n n n n n n C CDs- 00 en .-- CD V ^ 0 �0 rm mn K)co CI C)N CJOn X W m N V CO 8 a^ co 01 CO 0) 01 CD 0 O N N m N 10 'C') • 0. •-•N 01co •-C) 't7 ^N 4N s-C7 —'N NC) NC7 NC) 44-N O v 0 . ZO 08 80 00 08 00 00 00 80 08 08 08 00 .rN m n U) O V)ICI nn mn 0n m U)V O r)O C CV sr V 0 40 5, N C') C)— C)— r-0 CO CO vm O— ^N C)V W mV' 01•- CON n Co CO CD CD CO nCO V C7 ma oN ON C7.... a. .—N ••C) --CV •- Cl •- Cl •-N •1-N -'N •-N N C7 N C7 y-N C') Z • 10$ so CC g �� g� g� s C s sC4 Cn gs CO W C7•- n n V)a CO n V C7 v C) m m 07-- CD CD N CD r-co --01 o. --01 —N --•N N ^ N s-N —N N Cl� •-CV ^N Cl 00• O0CC CO O 80 OO 08 Oo 00 80 80 00 00 00 80 N m m m m an On n m in In nn n .-.- •- N 0 Cs 0) C'-C7 co 0 co in co 0) CO tD 0 V CD W 4a mV 0). .N N N0 CV CI el --ao •.fC in al nn 010 d --N s-CV N ^ CV ^N — N •-N --N ^N �^ - W W W W W W W W W W W W 1 I X 1 I 1 I I Z Z i 1 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 V 0 0 0 0 0 Z Z Z Z Z Z Z Z Z Z Z Z 1-•W ►.W 1y W .,W .•1 W ..W ...W .-.W 1•4 W I.W 0.W ..W 1 1 1 1 1 1 1•1 I 1 1 1 ) 1 1 1 • 1 1 1 , 1 , 1 30 30 30 30 30 30 30 30 30 30 30 30 Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 •0 0 0 0 0 0 0 0, < J Z J Z J Z J Z J Z J Z J Z J Z >.J Z J Z J Z J Z O >- 1 >- 1 >. 1 >. , } 1 >- 1 >. 1 >- 1 m>- 1 >'• 1 } 1 } 1 0 CC CC IOC 3 JC3 C 3 C 3 CC CC CC CC CC CC C WO WO JWO WW0 to WO WO JW0 EIN0 WO WO WO 0, >J >J CL>J > J > J• > J >J W>J -->J >J >J >J rt _ 0 a J C 1 10 U U. 0 0 J L 7 LL 0 J Q LL 0 ✓ U -1 > 0 0 L 0 J U. L I) a 0 a) U. O 7 U>- .0>- 0>- I >- DII- -I- 0 >- C>- ->- >- >• >- Q J L J 1 J O J C J O J '— J ^ J 1-J ..) J J 0 1-. C.. a H 0'-. 0.' 3 .•• tlZ o= LZ L1 4,1 ^X — 1 1 1 a JZ LL1 JZ a 7a oa coa --a —< > < oa Ca 11.< < 1La bu aW aW ^W au. >u. OLL C W 0 L. -LL �L� LA. 0z8 g � Zg G , g 3 � 8 oZ8 oz - zo o --Zg cr � g cZ8 ✓ ✓<rn ✓-) •. an ✓`4C) ✓. C7 C < in xac 0 `a .0< � eat- — .1r- —< n 01 >..•.0) L.-i M L.-.N L.•O L 1'4 tO •-••CO 0 •••0) .Y 1-.C') —.-..- 10 L.n C.-.Cr o.-.a I o 01) OOV O0C7 OOC7 000 000 000 0O C) CP0V --O C) 00 V OON C 0 W La- W U. W tr _, Ir t:: C^ W -> .-) 1. W I T 0 W a ^ 1 I I 1 0 1 .. ._ -. .• — •• r .• r • ....N in •• in •• N •- in .. in .. in •• n •• In .. n .. m •• in .. an .. cc ^ OI W a W O)W W W 01 W a W 01 W a W a W a W 01 W a W O 0)1 0)1 0) 1 0) 1 0) 1 0) 1 0)1 Co 1 a 1 0)1 0) 1 0)1. J •• ^ 0 ^ 0 — 0 ^ 0 ^ 0 ^ 0 •- 0 ^ C 0 ^ 0 — 0 ^ 0 U. 0 V 0 V V V V 0 V V V V V W >- Z }Z } Z > Z >. Z YI >- Z >- z > Z } r L _ } Z --cc 1L.-. U.1-. 1L .--. ta--•• 14- --. 1L 1- K. -- Li- -- 1.. -'• U- •• 4. •- 1J_ --1 Lu a 1-0, a a Q W Q N a a a a a a Q N < a H cc N I N V1 in V) N V) N 1 N V) N C1 1 D_ ri I 1 -. 1 0, r I. EXHIBIT "D" RENT LIMITS 23 e en LU C, < O. _ f oC) 0 W V V 000 WW W CI 0C) MOO WOO W mr moor v ..-l o Nm W NU) r CA U) Q OCO ao WC) N V CIN 0mm r- r- V V4 ,s N o O O( W LC) OWN .- 0r O)W r Oar O N W an W - r n a) I - m C N a - - .- - - - - 0 W (D CO X V NC) NO ( MON Omu) N .- C) C) s- C) O-- N OWN m W ^ ^ VCD O OON OW " WOW aD NC) OWN Nor OC) C) NNO MON 0" V O ml0W CIWm mW W 01Or a) Lin W mina 0 Wr row mCr v .r9 0 . W ' CO U) . N f m -- -- W in coven C) O V .- W W c) W W v - In vOW melon 0 W v 1-0 co m co r N U) V V V U)r CA v N N O N N r r co r co a W m - -• V m O r VU) W r C000( COOW NOW 000 W NU) 0 0 < U) COU) r Nor ZC - O W LU m CC . V nEf o -- m NOv m W m - ^ O W N0 " NO NC)N NOU) DC) m 000 <0 V V Ch mWm Owen m- C) NNW WNW m . C) CO CI I. 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LL) •• 0 W •r 4 4 V) < < V) < < < < 4 4 4 VI r 2 V) V) V) V) cn C^ Cn M 7 V) I a I 2 I 2 2 _ 2 a EXHIBIT "E" RESTRICTIVE COVENANT 24 This instrument prepared by: Office of the City Attorney City of Miami Beach 1700 Convention Center Drive (Space reserved for Clerk Miami Beach, Florida 33139 of Court) RESTRICTIVE COVENANT MIAMI BEACH HOUSING AUTHORITY (Owner) , its successors, heirs and assigns, owner of the following property, hereby agrees and covenants that the following property located at 1231-1251 17th Street in the City of Miami Beach, Dade County, Florida ("City") and legally described as: PARCEL I : Lots 7 , 8 and 9 , Block 17, of ALTON BEACH REALTY COMPANY , as Subdivision of the West 1/2 of Blocks 17 , 40 and 45 according the Plat thereof, recorded in Plat Book 6, at Page 165, of the Public Records of Dade County, Florida; and PARCEL II : Begin at the most Northerly corner of Lot 11, in Block 41 of BELLEVIEW SUBDIVISION, according to the Plat thereof recorded in Plat Book 6 , at Page 114 of the Public Records of Dade County, Florida; thence run Southeasterly along the Northeasterly line of said Lot 11 for a distance of 101 . 78 feet to a point; thence run Northwesterly for a distance of 138.80 feet to the point of intersection with the Northwesterly line of said Lot 11 , said point of intersection being 94 . 00 feet Southwesterly of the Northerly corner of said Lot 11; thence run Northeasterly along the Norwesterly line of said Lot 11 for a distance of 94 . 00 feet to the point of Beginning (Property) . shall be subject to the following resale affordability covenants and restrictions: a) HOME subsidy funds in the amount of Seven Hundred Sixty Thousand Dollars ($760, 000 . 00) were utilized in this real estate transaction in order to provide affordable rental housing in accordance with 24 CFR Part 92 (HOME Investment Partnerships Program) , as same shall be amended from time to time. _ . :cnc-::ledged by the parties hereto that the Property is intended to be used as a rental property operated by Owner throughout the affordability period, as same is defined herein, and the tenants thereof must qualify under the currently applicable rules set forth by the U. S. Department of Housing and Urban Development during this period. In the event this property is sold prior to 20 years from the date of purchase, in lieu of being subjected to resale affordability restrictions, the Owner shall return to the City, the full HOME subsidy funds applied toward this transaction, at the time of any resale closing of the Property. If the net proceeds from such sale are less than the full amount of the HOME subsidy funds, in such amount as set forth above, the City shall recapture whatever net proceeds are available to be used for other eligible activities in accordance with 24 CFR Part 92 . bj The HOME subsidy funds referenced herein shall be payable at the time and in the manner stipulated in subsection (a) above; and, with the exception of a first mortgage on the Property, shall remain a lien superior in dignity to all other liens, titles, claims, mortgages, and/or other encumbrances, until paid. c) In the event that title to the Property is transferred by the Owner as a result of the actions or inaction of the Owner, including voluntary or involuntary reorganization, or by any other action of any court, or as a result of default under any mortgage affecting the Property, the full amount of the HOME subsidy funds, in such amount as set forth above, shall become immediately due and payable to the City. In order to further ensure the enforcement of subsection (c) above, the Owner and any and all successors, and assigns herein must obtain the prior written consent of the Mayor and City Commission prior to the resale of the Property. The City reserves the right to review compliance with all affordability requirements, as described above. The foregoing covenants and restrictions shall be considered and construed as covenants and restrictions running with the land, and the same shall bind all persons claiming ownership of all or any portion of the Property. The Owner hereby acknowledges and agrees that the City is a beneficiary of this Restrictive Covenant, and the Owner shall not release or amend this Restrictive Covenant without the prior written consent of the City. Invalidation of any portion of these covenants by a Court of competent jurisdiction shall in no way affect any of the other covenants which shall remain in full force and effect. IN WITNESS WHEREOF, the Owner has hereunto caused these presents to be signed is name, attested by respective witnesses on this v1 p day o f �AtilwLJ , 1995. OWNER: MIAMI BEACH HOUSING AUTHORITY WITNESSES: oa-k. HO RD GA , CHAIRMAN Secretary STATE OF FLORIDA ) ss: COUNTY OF DADE ) I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared HOWARD GALBUT, Chairman of MIAMI BEACH HOUSING AUTHORITY. well known to me, and that he acknowledged executing the foregoing document, freely and voluntarily. Said person(s) is ,j personally known to me, or has produced (specify type of identification, i. e. , driver' s license and number, state of issue, etc. ) and who did take an oath, or did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this ?n day of 1ove►ree_r , 1995. V PU ELI2ABETH VANEGAs r • o~� ', 9�COMMISSION#CC42�629 No r Pu lic, State • of Florida a n� EXPIRES CST'F,1cg8 at Large '^l eoNDED TN'U tOF F�.- ATLANTIC BONDING CC.,INC. Commission # My Commission Expires: c NU\II ,IkH:,KIs cu,' EXHIBIT "F" OTHER FEDERAL REQUIREMENTS Exhibit "F" OTHER FEDERAL REQUIREMENTS As the City of Miami Beach is providing this funding through federal funds, all parties agree to comply with the following statutes, regulations and executive orders, as they apply. These requirements are incorporated herein by reference . 1 . Freedom of Information and Privacy Acts Freedom of Information Act (5 U. S .C. 552) , and the Privacy Act of 1974 (5 U. S . C. 552a) . 2 . Equal Opportunity Title VI of the Civil Rights Act of 1964 (42 U. S . C. 2000d) and 24 CFR Part 1 ; Title VIII of the Civil Rights Act of 1968 (42 U.S .C. 3601) , as amended; Executive Order 11063 , as amended by Executive Order 12259 ; Executive Orders 11246, 11265, 12138 and 12432 ; Section 3 of the Housing and Urban Development Act of 1968 (12 U. S .C. 170) , as amended; Section 5C4 of the Rehabilitation Act of 1973 (29 U. S . C. 794) , as amended; The Age Discrimination Act of 1975 (42 U. S .C. 6101) ; The Fair Housing Amendments Act of 1988 . 3 . Environmental Review The National Environmental Policy Act (42 U. S .C. 4321, et seq) ; The Council on Environmental Quality Regulations (40 CFR Parts 1500-1508) ; Environmental Review Procedures (24 CFR Part 58) ; Exhibit "" I?" (Continued) National Historic Preservation Act of 1966 . National Flood Insurance Act of 1968 as amended by the Flood Disaster Protection Act of 1973 . 4 . Lead Based Paint Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4801, et seq) ; HUD Lead Based Paint Regulations (24 CFR Part 35) . 5 . Asbestos Asbestos Regulations (40 CFR 61, Subpart M) ; U. S. Department of Labor Occupational Health and Safety (OSHA) Asbestos Regulations (29 CFR 191. 1101) . 6 . Handicapped Accessibility_ Architectural Barriers Act of 1968 (42 U. S.C. 4151 and 24 CFR Part 41) . Americans with Disabilities Act of 1994 7 . Labor Standards The Davis-Bacon Act (40 U. S.C. 276a) as amended; The Contract Work Hours and Safety Standards Act (40 U. S.C. 327-333) ; Federal Labor Standards Provisions (29 CFR Part 5. 5) . 8 . Grant Regulations HOME Investment Partnerships Program (24 CFR Part 92) ADDITIONALLY, ALL PARTIES AGREE TO COMPLY WITH ALL EXISTING FEDERAL, STATE AND LOCAL LAWS AND ORDINANCES HERETO APPLICABLE EXHIBIT "G" DISABILITY NONDISCRIMINATION AFFIDAVIT 26