95-21833 Reso RESOLUTION NUMBER 95-21833
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE ATTACHED MULTI-
FAMILY HOUSING REHABILITATION PROGRAM MATCHING
GRANT AGREEMENT TO PROVIDE ASSISTANCE IN THE
AMOUNT OF $210,000 UNDER THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDED MULTI-
FAMILY HOUSING REHABILITATION PROGRAM, FOR THE
DORANN APARTMENTS PROPERTY, LOCATED AT 1244
PENNSYLVANIA AVENUE; FURTHER PROVIDING THAT
APPROVAL AND EXECUTION OF THE AGREEMENT BE
CONTINGENT UPON THE APPLICANT OBTAINING A ZONING
VARIANCE BEFORE THE ZONING BOARD OF ADJUSTMENT,
AND APPROVAL OF THE PROJECT BY THE FLORIDA STATE
HISTORIC PRESERVATION OFFICER, AND IF NECESSARY,
OBTAINING A WAIVER OF APPLICABLE CONFLICT OF
INTEREST REGULATIONS FROM THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT.
WHEREAS, the City has established a program to encourage the rehabilitation of existing
substandard multi-family buildings using funds supplied through the U.S. Department of Housing
and Urban Development (HUD); and
WHEREAS,on September 27, 1995,the Mayor and City Commission approved and adopted
revised guidelines for providing assistance to property owners under the programs sponsored by
HUD; and
WHEREAS, the Multi-Family Housing Rehabilitation Program is administered by the City's
Housing and Community Development Division; and
WHEREAS, the City has received an application under the guidelines for funding of the
rehabilitation of an existing buiiding located at 1244 Pennsylvania Avenue; and
WHEREAS, the owner of the property has agreed to offer a minimum of 11 of the 21
residential units at reduced rental rates for a minimum of three (3) years as available affordable
rental housing; and
WHEREAS,the City's Loan Review Committee, at its November 17, 1995 meeting, reviewed
the application for assistance and recommended its approval by the Mayor and City Commission
contingent upon certain items; and
WHEREAS,the Administration now requests that the attached Matching Grant Agreement
be approved by the Mayor and City Commission and executed by the Mayor and City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA THAT:
Section 1. The Mayor and City Commission hereby approve the attached Multi-family
Housing Rehabilitation Program Matching Grant Agreement, to provide
Community Development Block Grant (CDBG) funds for the Dorann
4
Apartments located at 1244 Pennsylvania Avenue.
Section 2. The Mayor and City Commission hereby authorize the Mayor and City Clerk
to execute the attached Multi-Family Housing Rehabilitation Program
Matching Grant Agreement.
Section 3. The aforestated approval and execution of Agreement shall be contingent
upon: (a) approval of the project by the Florida State Historic Preservation
Officer;and (b)obtaining a variance waiving the minimum average apartment
size requirement by the City's Zoning Board of Adjustment; (c) approval of
the proposed landscape by the City's Planning Department and Historic
Preservation staff; (d) evidence that the Applicant has financial capability to
complete the project, or provide a firm financial commitment in writing from
a recognized lending institution; (e) review of applicable conflict of interest
rulings by the City Attorney and, if necessary, obtaining a waiver of
applicable conflict of interest regulations from HUD; and (f) the Applicant
entering into a Grant Agreement with the City outlining the terms and
conditions for the provision of funds in accordance with the requirements of
the program.
PASSED AND ADOPTED THIS 6th DAY OF December ` 1995.
/Al I I
�R
ATTEST:
Lek a-- --La, 1
CITY CIIRK FORM APPROVED
LEL. Dr--
Byzut I Le,
Date _,L,)P�-
\RESO\1244PENN.RES
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE !MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. F1 76,-95
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: December 6, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: A RESOLUTION A 'HORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE A CDBG-FUNDED MULTI-FAMILY HOUSING
REHABILITATION PROGRAM MATCHING GRANT AGREEMENT FOR
THE "DORANN APARTMENTS", LOCATED AT 1244 PENNSYLVANIA
AVENUE, IN THE AMOUNT OF $210,000, FURTHER PROVIDING THAT
APPROVAL AND EXECUTION OF THE AGREEMENT BE SUBJECT TO
CERTAIN CONTINGENCIES DESCRIBED IN THE RESOLUTION.
ADMINISTRATION RECOMMENDATION:
To adopt the attached Resolution authorizing the execution of a CDBG funded Multi-Family
Housing Rehabilitation Program Matching Grant Agreement with 1244 Penn Associates,
Ltd. for the "Dorann Apartments" at 1244 Pennsylvania Avenue, in the amount of
$210,000.
BACKGROUND:
The City, through the Housing and Community Development Division of DDHPS,
administers the Multi-family Housing Rehabilitation Program. The City has offered this
financial assistance for the past thirteen (13) years resulting in the successful renovation
of over 1 ,100 units of rental housing.
On September 27, 1995, the Mayor and City Commission adopted the revised Guidelines
governing this program. The guidelines for the program require that the buildings be
maintained in rental use for three (3) years. The City's Agreements with the property
owners include stipulations requiring repayment to the City if the owner fails to perform the
requirements of the Agreement.
On November 17, 1995 the City's newly expanded Loan Review Committee (LRC)
approved an application for funding, which is herewith presented for City Commission
approval as follows:
AGENDA ITEM L___
DATE I z-'�`9�
COMMISSION MEMO
DECEMBER 6, 1995
PAGE 2
THE "DORANN APARTMENTS" 1244 Pennsylvania Avenue: $210,000
The 13,584 square foot three-story building at 1244 Pennsylvania Avenue was originally
built to serve as an apartment building in 1925, containing 24 units. The architecture of the
original structure is Mediterranean Revival and the building is listed in the City's historic
properties database, and it is included in the historic district as a contributing structure.
The site consists of one 7,000 square foot lot (50 x 140 feet).
The owner has obtained proposal for construction financing through Absolute Mortgage
Corporation which provides sufficient available cash to complete the rehabilitation project
and match the City's contribution.
1244 Penn Associates, Ltd., a Florida limited partnership, currently holds title to the
property on an all-cash basis with no encumbrance. The general partner of 1244 Penn
Associates Ltd. is 1244 Penn Associates, Inc., a Florida Corporation, which is jointly owned
by Craig Robins and Arthur Leeds. Craig Robins is the President of 1244 Penn
Associates, Inc.
The building currently contains twenty-eight (28) vacant apartments, consisting of
efficiency, one- and two-bedroom apartments. The owner proposes to reconfigure and
rehabilitate the building to make available twenty-one (21) apartments, consisting of: six
(6) efficiencies, Thirteen (13) one-bedroom, and two (2) two-bedroom units. The proposed
improvements call for the total rehabilitation of the entire building. This configuration will
provide units that exceed the minimum 400 square foot apartment size, however the
average apartment size is less than the City's 550 square foot minimum average size
criterion. The Owner has applied for a variance which is scheduled to be heard in January
by the Zoning Board of Adjustment.
The total estimated rehabilitation budget, including labor, material, contingency,
architectural and related fees, is $629,585. Of this amount, $419,585 will be funded
through the owner's borrowings, and $210,000 will be funded through the CDBG Multi-
Family Housing Rehabilitation Program. This level of rehabilitation (nearly $30,000 per
unit) should result in good quality apartment units. The proposed building will be
accessible to wheelchair-bound handicapped, through the provision of ramps, and an
elevator.
The applicant is proposing that rents for 11 of the 21 apartments (52%) will be maintained
at the HUD approved rents for a period of three years for tenants earning 80% or less of
the Area Median Income. Currently the HUD-approved rents are: $459 for an efficiency,
$575 for a one bedroom, and $721 per month for a two bedroom unit. These rents exclude
COMMISSION MEMO
DECEMBER 6, 1995
PAGE 3
any utility allowance. Based on the 30% of income standard used by HUD, the one-
bedroom rents are affordable to a family with an income of up to $24,520 per year. The
remaining 10 units will be leased at market rents, proposed by the owner to be at $712 for
a one bedroom, and $917 per month for a two bedroom unit. This rent level is expected
to cover the anticipated operating expenses of the property as projected by the applicant.
This project qualifies for a maximum of $210,000 as a matching grant (based on $10,000
per unit for 21 units), in hard construction costs from CDBG funds. Funds will be provided
in the form of a matching grant. At the end of the three-year period, the owner will have
no further obligation to the City.
A review of City and County records indicates that there are no City Special Master Cases
underway however a number of code violations exist, which the owner plans to repair as
part of the rehabilitation. There are no unpaid water or sanitation bills, and property taxes
are paid through 1995. Dade County's assessed value in 1995 was $524,815 representing
land and improvements.
The authorization to execute the Multi-Family Housing Rehabilitation Agreement should
be subject to the following contingencies: (a) receipt by the City of confirmation from the
State Historic Preservation Officer that there is no objection to the proposed improvements,
(b) presentation by the owner of evidence that the required zoning variance has been
obtained, and (c) HUD approval of a request for a waiver under the conflict of interest
regulations.
This is needed because Scott Robins, brother of Craig and Stacy Robins is a former
member of the Community Development Advisory Committee (CDAC), which recommends
the line-item CDBG budget appropriations. Mr. Scott Robins does not have any ownership
interest in the subject property, however, HUD regulations governing family and business
ties require further clarification.
CONCLUSION:
It is recommended that the Mayor and City Commission adopt the attached Resolution
authorizing the Mayor and City Clerk to execute the attached Multi-Family Housing
Rehabilitation Matching Grant Agreement with 1244 Penn Associates, Ltd. for assistance
to the "Dorann Apartments" at 1244 Pennsylvania Avenue, in the amount of $210,000.
JG-P/HSM/STP/CAH
\RESO\1244PENN.MEM
MULTI-FAMILY HOUSING REHABILITATION
MATCHING GRANT AGREEMENT w
c
THIS AGREEMENT entered into this 13th day of August, 1996, by and between 1244 Penn
Associates, Ltd., a Florida limited partnership, whose address is 1400 Ocean Drive, Miami Beach, Florida,
33139, hereinafter referred to as "Owner",who is the legal owner of the property at:
1244 Pennsylvania Avenue, Miami Beach, Florida, more particularly described as:
The "Dorann Apartments", Lot 3, Block 41 of Ocean Beach Florida, Addition No.3, according to the
Plat thereof as recorded in Plat Book 2, page 81, of the Public Records of Dade County, Florida,
hereinafter referred to as "Project",
and 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 "City":
WITNESSETH:
WHEREAS, the City has established a Multi-Family Rehabilitation Program, hereinafter referred to
as"Program", designed to provide financial and technical assistance to property owners of deteriorated and
substandard multi-family residential structures within the City of Miami Beach, Florida, for the purpose of
rehabilitating said structures; and
WHEREAS,the policies of said Program are set forth in the Guidelines for the City of Miami Beach
Rehabilitation Programs (Guidelines), adopted by the City Commission on September 27, 1995, are deemed
incorporated by reference and made a part of this Agreement; and
WHEREAS,Owner as the legal owner of the Project described above has agreed to rehabilitate said
Project in accordance with the Program; and
WHEREAS, the City's Loan Review Committee on November 17,1995, recommended approval of
the assistance to the Project under the Program, and a commitment letter will be issued upon approval by the
Mayor and City Commission, said commitment letter, when issued, will be incorporated by reference and
made a part of this Agreement; and
WHEREAS, it is acknowledged and agreed between the City and the Owner that funds provided
hereunder derive from Federal Community Development Block Grant 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 this Agreement is entered into after compliance by the parties with
all applicable provisions of Federal, State and local laws, statutes, rules and regulations as they may apply
to this Agreement which certain of said regulations are incorporated herein as more fully set forth in
Attachment "A".
NOW,THEREFORE, in consideration of the mutual promises contained herein and in consideration
of the matching grant monies which are to be paid by City to Owner, which consideration is hereby
acknowledged by the parties, the parties do agree as follows:
(1) Any amendments, alterations, or variations to this Agreement will only be valid when they
have been reduced to writing and duly signed by the parties.
(2) It is understood and agreed by and between the parties that the Guidelines, as they may be
1
amended from time to time, represent the scope of services and responsibilities of the parties
under the Program and the parties agree to abide by and comply with their roles and
responsibilities under the Guidelines as set forth therein.
(3) City shall have the sole responsibility and obligation of interpreting the intent and purpose of
the Program and contract documents.
(4) Rehabilitation of Project shall be done in accordance with the applicable codes, ordinances
and statutes of the State of Florida, the City and Metropolitan Dade County.
(5) It is understood and agreed by and between the parties that none of the obligations of the
City assumed or created hereunder shall be general obligations of the City and none of the
same shall be enforceable against the City generally. Any and all obligations, liabilities and
commitments of the City hereunder, shall be limited to the payment of a matching grant
subsidy amount of Two Hundred Ten Thousand Dollars ($210,000) specified herein. No
other fiscal, legal,equitable or contractual duty or obligation is assumed by the City and the
Owner by executing this Agreement so agrees.
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
$210,000. 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 $210,000, less the amount of all funds actually paid by the City to
Owner pursuant to this Agreement.
Accordingly, Owner hereby agrees that the City shall not be liable to Owner for damages in
an amount in excess of $210,000 which amount shall be reduced by the amount of the
funding actually paid by the City to Owner pursuant to this Agreement,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 subparagraph or
elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed on
the City's liability as set forth in Florida Statutes, Section 768.28.
(6) The matching grant amount shall be paid to the Owner and shall be disbursed during the
rehabilitation of the property. After this matching grant payment is made by the City to the
Owner and applied by the Owner according to the procedures set forth herein,the City shall
be automatically discharged from any and all obligations, liabilities and commitments
hereunder to Owner or any third person or entity provided, however, that this Section shall
not excuse the continued compliance by Owner with the terms of this Agreement and the
federal program requirements. Owner, for consideration of One Dollar ($1.00) and other
good,valuable,separate and distinct consideration, receipt of which is hereby acknowledged,
hereby saves and holds harmless, indemnifies and protects the City, its officers and
employees from any and all obligations, liabilities, commitments, actions,claims, causes of
action, suits or demand arising or accruing by virtue of this Agreement or the Project
contemplated hereunder.
(7) In consideration for the performance of Owner of its role and responsibilities set forth in this
Agreement,the City agrees to pay to Owner,the sum of Two Hundred Ten Thousand Dollars
($210,000), as the total of the matching grant payment as further provided for herein.
(8) Said total shall be disbursed by the City to the Owner during construction as follows: During
the construction phase, and not more often than once a month, a payment equivalent to
ninety percent (90%) of the pro-rata portion of the value of the work completed, in the
2
previous period. The City's payments hereunder will be computed based on the ratio of the
matching grant amount to the total estimated construction cost. The completion will be
based on the City's inspection and confirmation of the percentage completion as certified by
the Owner's Inspector. In the event the actual cost is less than the estimate, the amount of
the City's Matching Grant will be reduced proportionately, so that the City's portion of the total
cost is never higher than 50%of the total cost. The final ten percent (10%) of the matching
grant payment shall be paid following the completion, approval and acceptance of the
rehabilitation work and related documentation by all the governmental agencies and
authorities having jurisdiction over the Project, and as further set forth in the Guidelines.
(9) It is understood and agreed by Owner that for at least three (3)years, beginning on the date
when a Final Certificate of Completion is issued, a minimum of eleven (11) units (52%)will
be occupied by low and moderate income households at affordable rents. Low and moderate
income households means the combined income of all members of the household does not
exceed 80% of the Area Median Income, as published from time-to-time by HUD. (The
following limits apply as of this date, but may be revised annually) 1 person, $25,000; 2
persons,$28,550;3 persons,$32,100,4 persons,$35,700). Monthly rents for units occupied
by low and moderate income households are considered affordable, if they do not exceed
the Home Program Fair Market Rent(FMR) published from time-to-time by HUD, (as of this
date, but subject to revision annually: the rent for an efficiency apartment is $489, a one
bedroom apartment is $613, a two bedroom apartment is $766 per month, these amounts
include utility allowances of $30, $38, and $45 per month, respectively). Additionally, it is
understood by Owner that if the property is converted to condominiums, sold, or withdrawn
from rental use within three (3)years after a Final Certificate of Completion is issued,the f )
amount of the matching grant payment will become due and payable to the City.(The City
may,at its option,declare the matching grant payment to be a loan, which repayment terms
and conditions will be set by the Loan Review Committee.
(10) Owner shall deliver to the City's Development, Design and Historic Preservation Services
Department, by January 31 st of each calendar year, its signed notarized report in form and
substance acceptable to the City,to include names of tenants, unit type,family income, rents
charged,and occupancy factor of each unit for that prior year. This report will continue to be
required for three(3)years after the date on which a Final Certificate of Completion is issued.
(11) It shall be deemed a default of this Agreement in the event that Owner does not strictly
comply with the terms,conditions,duties and procedures established herein for obtaining City
consent to assignment or transfer as defined by this Section. 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. Owner shall
not assign any interest of this Agreement and will not transfer any interest in the same
without the prior written consent of the City upon approval by the Loan Review Committee.
In the event Owner is a corporation, limited partnership or other incorporated or artificial
business entity, a transfer of more than ten percent(10%) ownership interest of its' stock by
pledge, sale or otherwise (except a transfer of partnership interests in connection with the
syndication of limited partner interests in the ownership, which shall not require any consent
hereunder); or if Owner makes an assignment for the benefit of its creditors or uses this
Agreement as security or collateral for any loan besides the any loan involved herein; or if
Owner is voluntarily or involuntarily a party to any bankruptcy or insolvency proceeding; or if
Owner has a receiver appointed over any of its properties; or if Owner does not satisfy in full
or appeal any judgment for the sum of $5,000 (or more) within thirty (30) days from its'
rendition; or if Owner is involved in a bulk transfer of its business, then in that event each of
the foregoing actions will be deemed an assignment of this Agreement and require the prior
written consent of the City, upon approval by the Loan Review Committee.
3
In the event Owner is a trust, which includes without limitation a land trust and a trust
company, any change in the person or entity who is the trustee or any change in the heirs or
beneficiaries of such trust shall be deemed an assignment under this Section and require the
prior written consent of the City, upon approval by the Loan Review Committee. Regardless
of the type of entity Owner is defined to be, a merger, insolvency, bankruptcy, dissolution,
consolidation,conversion, liquidation, or appointment of a receivership for such Owner shall
each be deemed an assignment of this Agreement and will require the prior written consent
of the City upon approval by the Loan Review Committee.
(12) Upon a default of a written indebtedness, including without limitation: a note, mortgage,
guarantee,and this Agreement,Owner waives notice,presentment and/or demand of default.
(13) For purposes of this Agreement and the documents referenced or incorporated within it, a
default shall include without limitation,the following acts or events of Owner, or its agents,
servants, employees, or contractors:
(a) Owner's failure to (i) commence work within thirty (30) days from the date of this
Agreement, or(ii) diligently pursue construction and timely complete the project by
securing a Final Certificate of Completion within nine(9) months from the date of this
Agreement, or(iii) provide the documentation required to make the final payment of
the matching grant, as indicated in the Guidelines, within thirty(30) days from the
date when a Final Certificate of Completion is issued.
Work shall be considered to have commenced and be in active progress when, in
the opinion of the City's Development, Design and Historic Preservation Services
Department,a full complement of workmen and equipment is present at the site to
diligently incorporate materials and equipment into the structure throughout the day
on each full working day,weather permitting.
(b) Owner's failure to comply with applicable building, fire, life safety, housing and
zoning laws, rules, regulations and codes.
(c) Owner's default on any of the terms and conditions of the note, mortgage, or other
loan document executed by Owner in favor of Lender.
(d) Owner's insolvency or bankruptcy.
(e) Owner's failure to maintain the insurance required by the City and/or Lender.
(f) Owner's failure to correct defects within a reasonable time as defined herein.
(g) Owner's breach of this Agreement or of the terms and conditions of the Guidelines
or applicable laws, rules and regulations pertaining hereto which are referenced by
this Agreement.
(h) Claims of lien not satisfied or bonded-off, in accordance with Florida Statutes, within
60 days from the date of filing of any such lien.
(i) An assignment or transfer of this Agreement or any interest therein by Owner which
does not comply with the procedures set forth herein.
(14) In the event of a default,the City may,thirty(30) days after mailing to Owner 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 is not fully and satisfactorily cured within thirty
4
(30) days of the City mailing notice of such default to Owner, to the full satisfaction of the
City, at the expiration of said thirty(30) day period, 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.
(15) 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 a reasonable attorney's fee, 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 to the extent allowed by law.
(16) Notices and demands: All notices, demands, correspondence and communications between
the City and the Owner shall be deemed sufficiently given under the terms of this Agreement
if dispatched by registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
If to the City: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Manager
with copies to: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: (1) City Attorney's Office
and: (2) Housing and Community Development Director
If to the Owner: 1244 Penn Associates, Ltd.
do 1244 Penn Associates, Inc.
1400 Ocean Drive
Miami Beach, Florida 33139
Attention: pi L SC 14- L
or to such address and to the attention of such other person as the City or the Owner may
from time to time designate by written notice to the others.
(17) It is understood and agreed that the City shall record this Agreement, together with
appropriate documents relating to any Loan on the subject property, with the Clerk of the
County Court, Dade County, Florida and shall furnish the Owner with conformed copies of
these recorded instruments within sixty(60) days of the execution of this Agreement.
IN WITNESS WHEREOF, the Owner 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.
THE PARTIES HERETO STATE THAT THEY HAVE CAREFULLY READ THE FOREGOING AGREEMENT
AND THE GUIDELINES FOR THE CITY OF MIAMI BEACH MULTI-FAMILY HOUSING REHABILITATION
PROGRAMS,AND KNOW THE CONTENTS THEREOF AND FULLY REALIZE THEIR MEANING AND SIGN
THIS AGREEMENT AS THEIR OWN FREE ACT.
a1 (4- co Py T O
S-t c1 RoBcnjc 5
G/o ( 1 q PErJA/
3o cS -
r�r \ ( QEAC4-; rL 33c3 �1
WITNESS: 1244 Penn Associates, Ltd.
a Florida Limited Partnership
441-64-✓6� '-- -� By: !'
Name: 1244 Penn Associates, Inc., G�. Ptnr., Craig Robins, President
sk
.J
Name:
CITY OF MIAMI B 1
, ' /
By:_ A _ ..
Sey qo elber, Mayor
ATT ST:
6 �,a 1 A�t,(� 41
Cl Y CLERK
FORM APPRO'YD
LEGAL D PT.
By _
Date .117-40—\--
6
STATE OF FLORIDA )
SS:
COUNTY OF DADE ) ''''
The foregoing instrument was acknowledged before me, this 1 day of l�'�V, 194, by Craig Robins,
President of 1244 Penn Associates, Inc., a Florida corporation,as General Partner of 1244 Penn Associates,
Ltd.who is personally known to me/or has produced as identification and did/did
not take an oa
tqr Name.
i� �° NOTARY PUBLIC, State of Florida
* �1,f, MELISSA DUNN
Ni j,.y * MYCO *anCC640870 Commission N2
� at E"p"'•ti+•► 17 2Q My Commission Expires:
OFfl0
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me,this /3 day of , 197b,by Seymour Gelber,
as Mayor of the City of Miami Beach. He is personally known to me, and di not take an oath.
Name://.4 attivp,
NOTARY PUBLIC, State of Florida
Commission N2 O&' 3V98?2
My Commission Expires: OFFICIAL NOTARY SEAL
LILLIAN BEAUCHAMP
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO.CC347882
MY COMMISSION EXP.FEB.13,1998
7
ATTACHMENT "A"
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 504 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);
- 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).
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
- Community Development Block Grants (24 CFR Part 570).
ADDITIONALLY,ALL PARTIES AGREE TO COMPLY WITH ALL EXISTING FEDERAL,STATE AND LOCAL
LAWS AND ORDINANCES HERETO APPLICABLE, AS AMENDED.
8