95-21848 Reso RESOLUTION NUMBER 95-21848
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$80,000 UNDER THE COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDED MULTI-FAMILY HOUSING
REHABILITATION PROGRAM, FOR THE PROPERTY LOCATED
AT 1220 MARSEILLES DRIVE.
WHEREAS, the City of Miami Beach 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 building located at 1220 Marseilles Drive; and
WHEREAS, the owner of the property has agreed to offer a minimum of 5 of the 8
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, and
again at its December 8, 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 Matching Grant Agreement, to provide Community
Development Block Grant (CDBG) funds in the amount of $80,000 for the
property located at 1220 Marseilles Drive.
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: the Applicant complying with the requirements of the Uniform
Relocation Act as it applies to the proposed project, and Applicant entering
into an 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 20th DAY OF , December , , 1995.
/18110/
MAY—ZIP'
ATT ST:
CITY CLERK FORM APPROVED
LEGAL DEPT.
By lig 004 .
Date (7 /37 ._.
\RESO\1220MARS.RES
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. CI Q/ 95
TO: Mayor Seymour Gelber and
Members of the City Commission DATE:December 20, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT:SUBJECT: A RESOLUTIO ,I AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CDBG-FUNDED MULTI-FAMILY HOUSING
REHABILITATION PROGRAM MATCHING GRANT AGREEMENT FOR A
PROJECT LOCATED AT 1220 MARSEILLES DRIVE, IN THE AMOUNT OF
$80,000; FURTHER PROVIDING THAT APPROVAL AND EXECUTION OF
THE AGREEMENT BE SUBJECT TO CERTAIN CONTINGENCIES
DESCRIBED IN THE RESOLUTION.
ADMINISTRATION RECOMMENDATION:
That the Mayor and City Commission adopt the attached Resolution authorizing the
execution of a CDBG-funded Multi-Family Housing Rehabilitation Program Matching Grant
Agreement with Iche's Corporation, for a project located at 1220 Marseilles Drive in the
amount of $80,000.
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 these programs require that the building 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 this project. The LRC reviewed the project again at
its December 8, 1995 meeting, and again voted to recommend the project for approval.
AGENDA ITEM C. 1 F
DATE
COMMISSION MEMO
DECEMBER 20, 1995
PAGE 2
The project is herewith presented for City Commission approval:
1220 MARSEILLES DRIVE Funding Applied for: $80,000
The 5,830 square foot two-story building at 1220 Marseilles Drive was built in 1946, and
contains 8 one-bedroom units. The architecture of the original structure is Post War Art
Deco. The building is not considered architecturally significant, nor is the building listed
in the City's historic properties database. The site consists of one 6,688 square foot lot
(53.5 x 125 feet).
Mrs. Sara Brill, of 1095 North Shore Drive, is President and sole stockholder of Iche's
Corporation, which holds title to the property. The property was purchased by the current
owner in November 1995.
The proposed improvements call for a substantial rehabilitation of the entire building. The
scope of work includes: completely repair and patch all interior walls, ceilings and floors.
Install all new doors and windows, upgrade all electrical services and light fixtures, replace
plumbing and fixtures, and install central HVAC systems. New bathroom fixtures will be
installed. The existing hardwood floors will be repaired and refinished where possible, and
replaced if required. Bathrooms will have new ceramic tile walls and floors installed. The
interior and exterior will be repainted. The exterior landscaping will be replaced.
The total estimated rehabilitation budget, including labor, material, contingency,
architectural and related fees, is $217,074. Of this amount, $137,074 will be funded
through the owner's equity, and $80,000 will be funded through the CDBG Multi-Family
Housing Rehabilitation Program. The owner has sufficient available cash reserves to
complete the rehabilitation project and match the City's contribution.
The applicant is proposing that rents for 5 of the 8 apartments (62%) 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: $575 for a one bedroom,
net of any utility allowance. The remaining 3 units will be leased at market rents, proposed
by the owner to be at$625 for a one 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 $80,000 as a matching grant (based on $10,000
per unit for 8 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 Matching Grant
will be forgiven, and the owner will have no further obligation to the City.
A review of City records indicates that there are a number of City code violations which
COMMISSION MEMO
DECEMBER 20, 1995
PAGE 3
have been cited. The new owner plans to repair these violations as part of the
rehabilitation work. There are no unpaid water or sanitation bills, and property taxes are
paid through 1995. Dade County's assessed value in 1995 was $160,489 representing
both land and improvements.
Four (4) of the apartments are currently occupied by existing tenants. The rehabilitation
plan calls for the empty apartment units to be rehabilitated first, then the owner will
temporarily relocate the tenants to the rehabilitated units at her expense. Then the
remaining units will be rehabilitated. City staff members have interviewed three of the four
tenants, and these three are agreeable to this procedure. All tenants will receive eligible
out-of-pocket expenses and every attempt will be made to minimize any hardship to the
tenants.
This building is the first multi-family building in the north end of the City which has qualified
under the revised Multi-Family Housing Rehabilitation Program Guidelines.
CONCLUSION:
It is recommended that the Mayor and City Commission adopt the attached Resolution
authorizing the execution of a CDBG-funded Multi-Family Housing Rehabilitation Program
Matching Grant Agreement with Iche's Corporation, for a project located at 1220 Marseilles
Drive in the amount of $80,000.
J G-P/HSM/STP/CAH
Attachments
\RESO\12441220.MEM
MULTI-FAMILY REHABILITATION
MATCHING GRANT AGREEMENT
THIS AGREEMENT entered into this 16th day of Jan. , 1996,by and between:
ICHE'S CORPORATION, a Florida corporation, whose address is 1095 North Shore Drive, Miami Beach,
Florida, 33141,
hereinafter referred to as "Owner" who is the legal owner of the property at 1220 Marseilles Drive, Miami
Beach, Florida, more particularly described as:
Lot 7, Block 9 of Second Revised Plat of Portions of Ocean Side Section and Trouville Section
of Isle of Normandy,according to the Plat thereof as recorded in Plat Book 40, Page 35, 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 called "City":
WITNESSETH:
WHEREAS, the City has established a Multi-Family Housing 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, which 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.
1
(2) It is understood and agreed by and between the parties that the Guidelines, as they may be
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 Eighty Thousand Dollars($80,000)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
$80,000. 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$80,000, 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$80,000 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 Eighty Thousand Dollars ($80,000),
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
2
•
ninety percent (90%) of the pro-rata portion of the value of the work completed, in the
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 five (5) units (62.5%) 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 a one bedroom apartment is$613,including
a utility allowance of $38 per month). 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 full 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 the 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: Iche's Corporation.
1095 North Shore Drive
Miami Beach, Florida 33141
Attention: Sara Brill, President
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.
(18) Owner acknowledges its responsibility to assure the existing tenants that their quiet use of
their existing dwelling shall not be unduly disturbed by the construction process, until an
alternative apartment shall have been rehabilitated, at that time, Owner will arrange to move
the tenant's household effects to the rehabilitated apartment at no expense to the tenant.
Owner shall bear all costs of disconnecting and reconnecting utility services for the tenants.
In the event that the construction activities interfere with tenants quiet use of the dwelling,
tenants are to be relocated to a temporary facility at Owner's expense, until the existing
dwelling is again useable. Upon completion of the rehabilitation of the project, Owner agrees
to offer the existing tenants a written lease at the same rental rate as that in effect at the date
of approval of the project by the City,for a period of 12 months. Subsequent rent increases
5
to the existing tenants shall be no greater than 5°/0 per year, subject to a maximum
determined by(1) the rental rates set forth in paragraph (9) hereof, or(2) 30%of the tenant's
total family income, whichever is less.
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 REHABILITATION PROGRAMS,
AND KNOW THE CONTENTS THEREOF AND FULLY REALIZE THEIR MEANING AND SIGN THIS
AGREEMENT AS THEIR OWN FREE ACT.
WITNESS: Iche's Corporation, a Florida corporation
B 1OdJ
Y•
Name: C-b- A, 5.-r? r Sara Brill, President
a e: 31z a J i r�J
CITY OF MIAMI BEACH
By:
Seymour Iber, Mayor
AT EST:
Y CLERK FORM APPROVED
OdED
LEGAL DEPT.
By 04.6z&....
Date
6
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me, this P day of '/ , 1996, by Sara
Brill, Presiden of lc 's C9oration, a Florida corporation. Who is personally known to me/or has produced
�� L A. ,9&qv- 7y l as identification and did/did not take an oath.
(--(t 'A
V..ilik-iii5
Name:
NOTARY PUBLIC State of Florida
Commission N°C'li7f67-j"
My Commission Expires:
OFFI L NOTARY S
FNILDA J BARINASAL
��'ARY PUnLIC STAB OF FLORIDA
COM/vaSSIQIV Na CC479678
My CQAq��ISSIQN EXP ULY 11,1999
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me,this /7 day o 1996,by Seymour
kt
Gelber, as Mayor of the City of Miami Beach. Who is personally known to me, d did t take an oath.
aP,i,(12,04ea.a e-4P'f
Name: //,(jtaeAUd1Gkf
NOTARY PUBLIC, State of Florida
Commission N2 Ce.,.3f/7i2? Z.
My Commission Expires:
OFFICIAL NOTARY SEAL
LILLIAN BEAUCHAMP
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO.CC347862
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