C7N-Approve Several Actions With Regard To City�s NSP1 AgreementsCOMMISSION ITEM SUMMARY
Condensed Title·
A Resolution Authorizing: 1) An Amendment to the NSP1 Agreement between the City and the State of Florida Department of Economic
Opportunity (DEO) and the related Agreement between the City and Miami Beach Community Development Corporation (MBCDC) to extend
the expiration date of both agreements to February 15, 2013; 2) to utilize unspent administration funds in the amount of approximately
$248,000 to reduce the debt service at The Neptune Apartments In order to reduce the rents. to modify the project budgets; and 3) to modify
the corresponding mort.gages.
Key Intended Outcome Supported:
Increase access to workforce or affordable housing.
Supporting Data (Surveys, Environmental Scan, etc.): Based on the Strategic Plan 2011 Update, the number of affordable housing units is
4,743.
Issue:
Shall the City approve amendments extending the expiration dates of the NSP1-related contracts with the State DEO and MBCDC from
November 23, 2012, to February 15, 2013, in order to fully expend administrative funding; transfer a portion of unspent administration funds
to MBCDC in order to reduce debt service at The Neptune Apartments with a corresponding reduction In rents to income-eligible residents?
Item Summary/Recommendation:
The U.S. Housing and Economic Recovery Act of 2008 created the Neighborhood Stabilization Program (NSP1), which directed HUD to
allocate $3.93 billion to states and units of local government as emergency assistance for the purchase and redevelopment of abandoned
and foreclosed homes. Miami Beach applied for NSP1 funds for the purchase and rehabilitation of one or more multi-family buildings to be
kept as rental properties to benefit income-qualified households in accordance with the NSP1 regulations and was awarded a total of
$9,305,268 through an initial allocation plus two subsequent allocations. The State DEO is the pass-through entity handling HUD's NSP1
allocation to the City of Miami Beach. The initial allocation to the City in the amount of $2,549,441 was formula-based. The second and third
allocations in the amounts of $4,755,717 and $2,000,000, respectively, were awarded to Miami Beach after the original recipients, Apopka
and Clearwater, failed to meet the program's benchmarks. The City of Miami Beach consistently demonstrated above-average performance.
The City entered into a grant agreement with the State, and after conducting a procurement process for award of the first allocation, entered
into a related agreement with MBCDC. Both Agreements were subsequently amended to accept and govern the second and third allocations
of funding. Both Agreements currently expire on November 23, 2012. From each of the three allocations, totaling $9,305,268, the City was
allowed to use a maximum of 6.8% for administrative expenses. Therefore, a total of $632,758 was allocated for administration expenses and
$8,672,510 for NSP1 project development. Three foreclosed buildings were acquired by MBCDC pursuant to the NSP1 guidelines and they
are all substantially complete. The Madeleine, a 16-unit building located at 7871 Crespi Blvd., received a C.O. on October 11, 2012; The
Neptune, a 35-unit building located at 1632 Meridian Avenue, received a TCO on May 9, 2012; and The Lottie a nine-unit, 530 75 Street, is
expected to receive a C.O. within the next week. Construction costs have exceeded the available budgeted NSP1 funding by a shortfall in
excess of $80,000, which will be covered by MBCDC.
Of the available $632,758 NSP1 administrative funding allocated to the City, as of September 30,2012, unexpended administrative funds
were $300,947.93. The Administration did not budget and did not anticipate expending any NSP1 administrative funds after November 23,
2012. The State DEO has asked the City to extend the time of the agreements to comply with NPS1 close-out instructions. Based on current
administrative expenditure rates, the projected balance of unspent administrative funds, as of February 15, 2013, will be approximately
$247,304.05. The Administration has had extensive discussions with the State DEO representatives regarding eligible uses of any unspent
administrative funds. DEO has informed the City that the unexpended administrative funds should be loaned to MBCDC for either debt
reduction on The Neptune Apartments, or to establish an operating reserves account for the 60 units. MBCDC has requested that the City
utilize the unspent administrative funds to provide assistance in covering its current construction budget gap in the amount of $82,506, and/or
that the City allocate the unspent administrative funds to reduce its debt service on The Neptune Apartments.
The Administration recommends that unspent administrative funds be allocated towards The Neptune's debt reduction, in order to reduce
rents to residents in The Neptune. Current rents, albeit being kept "affordable" pursuant to HUD and NSP1 guidelines, exceed the capability
of some low to moderate income residents. However, if the current debt service is reduced, a further reduction of rent can be achieved so
that 18 rental units can be reduced from the current HUD-approved rent of $722, to $620 per month for eligible low income residents.
Corresponding budget amendments and modifications of mortgages are in order and will be executed.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Funds: Amount
$247,304.05
AP MS
F:\T_Drive\AGENDA\2012\11-14-12\NSP1 Agreement Amendm
MIAMI BEACH
163
Account Approved
138-5668-XXXXXX
KGB
AGENDA ITEM C 7/IJ
DATE /1-/lf-)1-
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie Brooks, Acting City Manager/~~ •
DATE: November 14, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
FOLLOWING ACTIONS WITH REGARD TO THE CITY'S NEIGHBORHOOD
STABILIZATION PROGRAM 1 (NSP1) AGREEMENTS: 1) APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT
NUMBER 4 TO THE SUBGRANT AGREEMENT BETWEEN THE STATE OF
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) AND THE
CITY MODIFYING THE EXPIRATION DATE OF THE SUBGRANT
AGREEMENT FROM NOVEMBER 23, 2012, TO FEBRUARY 15, 2013, RE-
ALLOCATING UNSPENT ADMINISTRATION FUNDS, AND MODIFYING THE
PROGRAM BUDGETS; 2) APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AMENDMENT NO. 8 TO THE NSP1
AGREEMENT BETWEEN THE CITY AND MIAMI BEACH COMMUNITY
DEVELOPMENT CORPORATION (MBCDC), DATED JANUARY 21, 2010,
MODIFYING THE EXPIRATION DATE OF SUCH AGREEMENT FROM
NOVEMBER 23, 2012 TO FEBRUARY 15, 2013, AND ALLOCATING THE
CITY'S UNSPENT ADMINISTRATION FUNDS IN THE AMOUNT OF
APPROXIMATELY $248,000, TO REDUCE THE DEBT SERVICE ON THE
NEPTUNE APARTMENTS; AND 3) FURTHER AUTHORIZING THE CITY
MANAGER OR HER DESIGNEE TO TAKE SUCH ACTIONS AS MAY BE
REQUIRED WITH REGARD TO PREPARING AND HAVING THE MAYOR
AND CITY CLERK EXECUTE MODIFICATIONS OF MORTGAGES FOR THE
REFERENCED NSP1 FUNDED PROJECTS; SUCH MODIFICATIONS
REVISING THE MORTGAGE AMOUNTS TO REFLECT THE FINAL
BUDGETED AMOUNTS FOR EACH PROJECT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On July 31, 2008, the United States Congress enacted the Housing and Economic Recovery Act
of 2008, thereby creating the Neighborhood Stabilization Program, which directed the Department
of Housing and Urban Development (HUD) to allocate $3.93 billion to states and units of local
government as emergency assistance for the purchase and redevelopment of abandoned and
foreclosed homes. Resolution No. 2009-27039 was adopted by the City Commission on March
18, 2009, approving the City's application for and planned use of NSP1 funds for the purchase
and rehabilitation of one or more multi-family buildings to be kept as rental properties to benefit
income-qualified households in accordance with the NSP1 regulations, with an end goal of
stabilizing neighborhoods impacted by foreclosures.
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The City of Miami Beach was awarded a total of $9,305,268 in NSP1 funds through an initial
allocation plus two subsequent allocations. The State's Department of Community Affairs (DCA),
now known as the Department of Economic Opportunity (DEO), is the pass-through entity
handling HUD's NSP1 allocation to the City of Miami Beach. The initial allocation to the City in
the amount of $2,549,441 was formula-based. The second and third allocations in the amounts
of $4,755,717 and $2,000,000, respectively, were awarded to Miami Beach after the original
recipients, Apopka and Clearwater, failed to meet the program's benchmarks. Conversely, the
City of Miami Beach consistently demonstrated above-average performance.
On September 9, 2009, the City approved Resolution No. 2009-27175 authorizing the execution
of the Federally-funded Subgrant Agreement with DCA ("State Agreement"). The initial allocation
was $2,549,551.
After the Administration conducted a duly-noticed procurement process for award of the first
allocation, the City Commission approved on September 9, 2009, Resolution No. 2009-27194
authorizing the execution of an Agreement with Miami Beach Community Development
Corporation to carry out the City's planned use of, and application for, NSP1 funds ("MBCDC
Agreement"). The initial strategy was to fund the acquisition and rehabilitation of one affordable
housing project. MBCDC identified the 16-unit building located at 7871 Crespi Blvd., which was
later named The Madeleine.
The State Agreement for the first allocation was subsequently amended to include the two
additional allocations in the amounts of $4,755,717 and $2,000,000 which were awarded on
March 24, 2010, and July 30, 2010, respectively. From each of the allocations, now totaling
$9,305,268, the City was allowed to use a maximum of 6.8% for administrative expenses.
Therefore, a total of $632,758 was allocated for administration expenses and $8,672,510 for
NSP1 project development.
On February 3, 2010, the MBCDC Agreement was amended per Resolution No. 2010-27335,
which was adopted on February 3, 2010, to allow for the allocation of additional NSP1 funds
received by the City. The additional acquisition and rehabilitation funds resulting from the second
and third allocations were authorized for the acquisition and rehabilitation of The Neptune, a 35-
unit foreclosed apartment building located at 1632 Meridian Avenue; and The Lottie, a nine-unit
foreclosed apartment building which contains large apartments and is suitable for families,
located at 530 75 Street. With the additional funding, a total of 60 units were purchased and
rehabilitated for income-eligible Miami Beach residents.
As required by NSP1 program monitors and as is the City's customary practice, estimated
budgets were prepared for each project prior to plans approval and permitting, and corresponding
mortgages were recorded at the time of the acquisitions. The amounts of the mortgages were
determined by factoring acquisition costs per the closing statements, plus rehabilitation costs as
estimated by the developer. However, due to City-required plan revisions and unforeseen
permitting requirements, unanticipated construction costs arose, resulting in necessary budget
modifications. Construction costs to date exceed the available budgeted NSP1 funding by a
shortfall of $82,506. MBCDC has committed to filling the shortfall.
The three NSP1-funded buildings are substantially complete. The Madeleine, 7871 Crespi Blvd.,
received a C.O. on October 11, 2012; The Neptune, 1632 Meridian Avenue, received a TCO on
May 9, 2012; and The Lottie, 530 75 Street, is expected to receive a C.O. within the next week.
The State DEO's contract with U.S. HUD for NSP1 funding expires on March 19, 2013. The
City's contract with the State DEO and the City's concurrent contract with MBCDC expire
November 23, 2012. The State DEO has requested that both Miami Beach contracts be
extended through February 15, 2013, in order to close out the grant and resolve the pending
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issue of the City's unspent administrative funding. Of the available $632,758 NSP1
administrative funding allocated to the City, as of September 30, 2012, remaining unexpended
administrative funds were $300,947.93. The Administration did not budget and did not anticipate
expending any NSP1 administrative funds after November 23, 2012, which is when the current
contract with the State expires. However, extending the State Agreement, as requested by DEO,
will enable the Administration to continue to expend grant funding while staff monitors the rent-
ups of the sixty units, and complies with any NPS1 close-out instructions. This will also free up
$53,643.88 of budgeted general funds to pay for administrative expenses from November 241h
through February 15, 2013. Based on current administrative expenditure rates, the projected
balance of unspent administrative funds, as of February 15, 2013, will be approximately
$247,304.05.
In the meantime, the Administration has had extensive discussions with the State DEO
representatives regarding the eligible uses of the unspent administrative funds. DEO has
informed the City that the unexpended administrative funds should be loaned to MBCDC for
either debt reduction on The Neptune Apartments, or to establish an operating reserves account
for the 60 units.
MBCDC has requested that the City utilize the unspent administrative funds to provide assistance
in covering its current construction budget gap in the amount of $82,506, and/or that the City
allocate the unspent administrative funds to reduce its debt service on The Neptune Apartments.
While two of the three NSP1 projects were 100% NSP1-funded, The Neptune's acquisition,
closing costs, and rehabilitation required additional funding sources. The purchase price of The
Neptune was $5,657,850, which met the NSP1 purchase requirement of 1% below appraised
value. In order to facilitate MBCDC's acquisition and anticipated rehabilitation costs, on May 12,
2010, the City Commission approved Resolution No. 2010-27390, authorizing the following
actions:
• Reallocation of NSP1 funds in the amount of $246,898.53 from The Madeleine project to
The Neptune;
• Utilizing the second NSP1 allocation in the amount of $4,432,328.24;
• Utilizing FY2009/1 0 US HUD HOME funds in the amount of $650,000;
• Subordination of the City's first lien position to private bank financing acquired by MBCDC
in the amount of $700.000.
MBCDC's resulting annual debt service to International Finance Bank (IFB) on The Neptune is
$53,613. As of November 2, 2012, the loan balance was $686,132.52. Rents are currently $558
for very low income residents who earn 50% or less of the Area Median Income of $52,600
("AMI"); and $722 per month for residents earning 60% or less of the AMI. The City and MBCDC
committed to DEO that half of the units at The Neptune would be reserved for very-low income
residents (those earning 50% or below of the AMI), and the other half of the units could be for low
to moderate income residents (who earn between 60 to 120% of the AMI). MBCDC had hoped to
command the above-stated rents as approved by U.S. HUD for our intended income-eligible
residents, however, some eligible residents have expressed an unwillingness or inability to pay
the requested rents. Consequently, only 26 of the 35 units are occupied.
Pursuant to the Miami Association of Realtors' Multiple Listing Service, comparable fair market
rents for similar residential units within walking distance of Lincoln Road cost between $1,000 to
$1,900 per month. Other similar size units are available in the $750 range; however, they are not
of comparable value.
Therefore, after conferring with the State DEO and conducting an analysis of the benefit to the
residents of Miami Beach, the Administration recommends that unspent administrative funds be
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allocated towards The Neptune's debt reduction under the following circumstances:
NEPTUNE APARTMENTS REDUCTION OF DEBT SERVICE
CURRENT BANK LOAN (Before
Reduction) HUD RENT LIMITS BASED UPON INCOME
FINANCING Balance Debt Service UNIT AND INCOME BRACKET Units Rent Mo.
Bank Loan $686,132 $53,613 Studios for Tenants <60% of AMI 18 722 12
Studios for Tenants <50% of AMI 17 588 12
TOTAL $686,132 $53,613 GROSS POTENTIAL INCOME 35
CURRENT BANK LOAN (After
Reduction) 1u:.uUCED RENTS AFTER DEBT SERVICE REDUCTION
FINANCING Amount Debt Service UNIT AND INCOME BRACKET Units Rent Mo.
Bank Loan $438,828 $34,291 Studios for Tenants <60% of AMI 18 620 12
Studios for Tenants <50% of AMI 17 558 12
TOTAL $438,828 $34,291 GROSS POTENTIAL INCOME 35
I Annual Reduction in DS $19,322 1 Annual Reduction in Rents/Unit 18 102
Annual Rents
155,952
119,952
$ 275,904
Annual Rents
133,920
113,832
$ 247,752
$ 22,032
Current rents, albeit being kept "affordable" pursuant to HUD and NSP1 guidelines, exceed the
capability of some low to moderate income residents. However, if the current debt service is
reduced, a further reduction of rent can be achieved so that 18 rental units may be rented for
$620 per month, instead of the HUD-approved maximum rent of $722. This reduction in rent
equals an annual savings of $1,224 per unit or $22,032 annual savings for all18 units.
CONCLUSION
To execute the aforementioned tasks, the Administration requests extensions to both the City's
Agreement with the State, and the City's Agreement with MBCDC to reflect a new expiration date
of February 15, 2013, and further recommends that the Mayor and City Commission authorize 1.)
Amendment No. 4 to the Subgrant Agreement between the State of Florida DEO and the City
modifying the expiration date of the Subgrant Agreement from November 23, 2012 to February
15, 2013; 2.) authorize Amendment No. 8 to the related NSP1 Agreement between the City and
MBCDC to extend the expiration date the NSP1 Agreement from November 23, 2012 to February
15, 2013; 3.) further authorize the City Manager or his designee to take such actions as may be
required with regard to preparing and having the Mayor and city Clerk execute modifications of
mortgages for the following NSP1 projects: The Neptune Apartments, and the Lottie Apartments,
to reflect the current budgeted amounts for each project, and to show the allocation of unspent
Administration funds towards the debt service at the Neptune Apartments, increasing the project
development allocation of the NSP1 Program by approximately $248,000; and further authorize
the Mayor and the City Clerk to execute any documentation necessary to effectuate the
amend ents to the agreements.
KGB/
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RESOLUTION TO BE SUBMITTED
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