98-22675 RESO
RESOLUTION NO. 98-22675
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF I"HE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING :HE MA VOR AND
CITY CLERK TO EXECUTE AN AMENDED STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND MIAMI BEACH
COMMUNITY DEVELOPMENT CORPORATION (MBCDC) AMENDING
THE AGREEMENT BETWEEN THE CITY AND MBCDC, DATED
DECEMBER 4, 1996, TO INCLUDE THE USE OF SHIP PROGRAM
FUNDS FOR REHABILITATION, DOWN PAYMENT ASSISTANCE,
CLOSING COST ASSISTANCE AND HOME OWNERSHIP TRAINING, IN
ACCORDANCE WITH THE AMENDED HOUSING ASSISTANCE PLAN
FOR FISCAL YEARS 1995, 1996 AND 1997.
WHEREAS, the State Florida enacted the William E. Sadowski Affordable Housing Act (the Act) on
July 7,1992, allocating a portion of new and existing documentary stamp taxes on deeds to local govemments
for development and maintenance of affordable housing through the State Housing Initiatives Partnership
(SHIP) Program; and
WHEREAS, the Act requires that in order to qualify for funding, local governments develop a local
Housing Assistance Plan outlining how the funds will be used; and
WHEREAS, on May 3, 1995, the Mayor and City Commission approved and adopted a City of Miami
Beach Housing Assistance Plan by Resolution No. 95-21566, pursuant to the requirements of the Act and the
SHIP Rule issued by the Florida Housing Finance Corporation; and
WHEREAS, pursuant to a Notice of Funding Availability issued by the City on October 17, 1996,
under the provisions of the City's adopted Housing Assistance Plan, on December 4, 1996 the City executed
an Agreement with Miami Beach Community Development Corporation (MBCDC), formerly known as Miami
Beach Development Corporation, to provide funds for the rehabilitation of units to be acquired by participants
through the existing Scattered-Site Home Ownership Program operated by MBCDC; and
WHEREAS, the Administration desires to amend the Agreement with MBCDC to include the use of
SHIP Program funds allocated thereunder for rehabilitation, down payment assistance, closing cost assistance
and home ownership training, in accordance with the City's amended Housing Assistance Plan.
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 hereby authorized to execute an amended State Housing Initiatives
Partnership (SHIP) Program Agreement between the City of Miami Beach and Miami Beach Community
Development Corporation (MBCDG) amending the Agreement between the City and MBCDC, dated
December 4, 1996, to include the use of SHIP Program funds for rehabilitation, down payment assistance,
closing cost assistance and home ownership training, in accordance with the amended Housing Assistance
Plan for fiscal years 1995, 1996 and 1997.
Passed and adopted this 4th day of
March
,1998.
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Attest:
MaY'&'pPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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City Clerk
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO.
{35-~ g
Mayor Neisen O. Kasdin and DATE: March 4,1998
Members of the City Commission
Sergio ROdrigu~e/ / ~
City Manager ~
TWO RESOL IONS OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA: (1.) APPROVING AND ADOPTING AN AMENDED
HOUSING ASSISTANCE PLAN FOR THE STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM FOR FISCAL YEARS 1995,1996 AND 1997,
WHICH PROVIDES FOR THE USE OF SHIP PROGRAM FUNDS FOR
REHABILITATION, DOWN PAYMENT ASSISTANCE, CLOSING COST
ASSISTANCE AND HOME OWNERSHIP TRAINING, AND AUTHORIZING
SUBMISSION OF THE AMENDED HOUSING ASSISTANCE PLAN FOR REVIEW
AND APPROVAL BYTHE FLORIDA HOUSING FINANCE CORPORATION; AND
(2.) AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDED
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND MIAMI BEACH COMMUNITY
DEVELOPMENT CORPORATION (MBCDC) AMENDING THE AGREEMENT
BETWEEN THE CITY AND MBCOC, DATED DECEMBER 4,1996, TO INCLUDE
THE USE OF SHIP PROGRAM FUNDS FOR REHABILITATION, DOWN
PAYMENT ASSISTANCE, CLOSING COST ASSISTANCE AND HOME
OWNERSHIP TRAINING, IN ACCORDANCE WITH THE AMENDED HOUSING
ASSISTANCE PLAN FOR FISCAL YEARS 1995, 1996 AND 1997.
ADMINISTRATION RECOMMENDATION:
Approve the Resolutions.
BACKGROUND:
.",
The State Housing Initiatives PartnerShip (SHIP) Program, administered through the Florida
Housing Finance Corporation (FHFC), was established by the 1992 William E. Sadowski
Affordable Housing Act to stimulate the production of housing statewide. SHIP Program funds are
derived from documentary stamp levies on real estate transactions. Annually, the Florida Housing
Finance Corporation allocates SHIP Program funds among participating jurisdictions on a formula
basis.
On May 3, 1995, the Mayor and City Commission approved Resolution 95-21566 adopting a
Housing Assistance Plan (Plan) as required by the SHIP Program. Subsequently, the Plan was
reviewed and approved by the Florida Housing Finance Corporation. In accordance with the SHIP
Program Rule, a minimum of seventy-five (75) percent of the funds must be used for rehabilitation,
new construction, or emergency repairs. Also, at least sixty-five (65) percent of the funds must be
AGENDA ITEM
RIA
3-~-9&
DATE
COMMISSION MEMORANDUM
PAGE 2
used as part of homeownership activities. The Plan adopted by the City included one strategy,
spending ninety (90) percent of the funds for rehabilitation of units being acquired through a
scattered-site homeownership program by income-eligible participants earning up to 120% of the
Area Median Income. The remaining ten (10) percent of the funds is used to cover the City's
administrative expenses associated with the Program.
The initial SHIP Program allocation received by the City was an allocation for fiscal year 1995 in
the amount of $336,366. In accordance with the adopted Plan, the City issued a Notice of Funding
Availability (N.O.F.A.) for these funds. Miami Beach Community Development Corporation
(MBCDC), formerly known as Miami Beach Development Corporation, was awarded $304,508.
On December 4, 1996, a SHIP Program Agreement was executed with MBCDC providing for the
rehabilitation of a minimum of ten (10) dwelling units to be acquired by income-eligible participants
through MBCDC's existing Scattered-Site Home Ownership Program.
MBCDC has initiated rehabilitation of sixteen (16) units, of which eight (8) have already been
completed. To date, $140,375 of SHIP funds have been committed for these rehabilitations,
averaging $8,774 per unit. In accordance with the SHIP Program Rule, fiscal year 1995 funds must
be spent by June 30, 1998. Therefore, the balance of $164,132 in the MBCDC SHIP Program
Agreement must be expended by this date in order to avoid recapture by the FHFC. The Florida
Housing Finance Corporation recaptures funds unexpended by the deadline for redistribution
throughout the state.
MBCDC has successfully operated the Scattered-Site Home Ownership Program since 1990,
providing homeownership opportunities for 151 families. The Program has utilized funds from
Miami-Dade County's Documentary Surtax Program, combined with funds from the federal HOME
Investment Partnerships Program, to provide down payment assistance to participants in the form
of second and third mortgages. Miami-Dade County has provided an average of $500,000 annually
in Surtax funds to the Home Ownership Program. On January 28, 1998, the Miami-Dade County
Affordable Housing Advisory Board recommended making available $320,000 in Surtax funds for
the Home Ownership Program. MBCDC anticipates that these funds will not become available for
use until June 1998.
ANAL YSIS:
This delay in the allocation of Documentary Surtax Program funds, combined with the restrictive
provisions of the adopted Housing Assistance Plan, threaten to prevent MBCDC from fully
expending the funds in the SHIP Program Agreement by June 30, 1998. The temporary lack of
Surtax funds will impede the processing of new units in the next few months. This, in turn, is
affecting the number of units that can be rehabilitated with SHIP Program funds.
Furthermore, the adopted Plan calls for the funds to be utilized for rehabilitation of scattered-site
units. Since the type of rehabilitation needed in the scattered-site units is primarily interior repairs,
the average rehabilitation cost per unit has been $8,774. The provisions of the existing Plan inhibit
the expeditious utilization of the SHIP Program funds.
In order to facilitate the use of the SHIP Program funds, the Plan is being amended to include
rehabilitation, down payment assistance, closing cost assistance and home ownership training.
All of these are eligible uses of funds under the SHIP Program Rule. In addition, the amended Plan
COMMISSION MEMORANDUM
PAGE 3
includes reVISions for the purpose of language clarification. The MBCDC SHIP Program
Agreement incorporates the provisions of the currently adopted Plan. Therefore, the Agreement
with MBCDC is also being amended in accordance with the amended Plan.
The existing SHIP Program Agreement with MBCDC provides for a construction supervision fee
computed at 15% of the value of the rehabilitation, subject to a maximum of one percent (1 %) of
the appraised value of the unit. As the average cost per rehabilitation project has been moderate,
the method of computing the construction supervision fee is modified by the amended Agreement
to provide a fee based on 10% of the value of the rehabilitation work plus one-half of one percent
(0.5%) of the appraised value of the dwelling unit.
Attached is a copy of the amended Plan with the revisions shown in underline/strikeout format.
After approval by the City Commission, the Plan will be submitted to the Florida Housing Finance
Corporation for review and approval. In addition, attached is a copy of the State Housing Initiatives
Partnership (SHIP) Program Agreement, as amended, between the City and MBCDC with revisions
also shown in underline/strikeout format.
At the March 4, 1998 Commission meeting, MBCDC is conducting a presentation celebrating the
one hundred fiftieth successful closing through their Home Ownership Program.
CONCLUSION:
The Administration recommends approval of two Resolutions of the Mayor and City Commission
of the City of Miami Beach, Florida: (1.) Approving and adopting an amended Housing Assistance
Plan for the State Housing Initiatives Partnership (SHIP) Program for fiscal years 1995. 1996 and
1997, which provides for the use of SHIP Program funds for rehabilitation, down payment
assistance, closing cost assistance and homeownership training, and authorizing submission of
the amended Housing Assistance Plan for review and approval by the Florida Housing Finance
Corporation; and (2.) Authorizing the Mayor and City Clerk to execute an amended State Housing
Initiatives Partnership Program Agreement between the City of Miami Beach and Miami Beach
Community Development Corporation (MBCDC) amending the Agreement between the City and
MBCDC, dated December 4, 1996, to include the use of SHIP Program funds for rehabilitation,
down payment assistance, closing cost assistance and homeownership training, in accordance with
the amended Housing Assistance Plan for fiscal years 1995, 1996 and 1997.
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AGREEMENT
THIS AGREEMENT, entered into this/4th day of March, 1998 (amended January XX. 1998 -
retroactive to December 4. 1996) 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 MIAMI BEACH COMMUNITY DEVELOPMENT
CORPORATION MIAMI BEACH DEVELOPMENT CORPORATION, formerly known as Miami
Beach Development Corporation, a not-for-profit Florida corporation, with its principal office located
at 1205 Drexel Avenue, Miami Beach, Florida (hereinafter referred to as MBCDC MBDC).
WITNESSETH:
WHEREAS, the City has determined the necessity for providing affordable housing in Miami
Beach through its Consolidated Plan, which was adopted by Resolution No. 95-21670, on July 26,
1995; and
WHEREAS, the City has been designated by the Florida Housing Finance Administration
as an eligible municipality for the receipt of funds as provided under the State Housing Initiatives
Partnership (SHIP) Program pursuant to Chapter 91-37 of the Florida Administrative Code (F.AC.);
and
WHEREAS, the City has entered into an Agreement with the Florida Housing Finance
Corporation AgeRcy under the terms of the SHIP Program in order to expand the supply of decent,
safe, sanitary and affordable housing within the City, for income-eligible persons by making available
funds to rehabilitate condominiums prior to purchase; and
WHEREAS, MBCDC MODC has operated a "Scattered-Site" homebuyer program since
1993, assisting low- and moderate-income individuals and families in the purchase of condominiums
at various locations throughout Miami Beach by providing downpayment assistance and other forms
of aid to the prospective homebuyers.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
hereto agree as follows:
ARTICLE I
DEFINITIONS
Terms shall be as defined in the State Housing Incentives Partnership (SHIP) Program, 91-37
F.AC., and any amendments thereto. Any term defined in the SHIP Program Rule, not otherwise
defined in this Agreement, shall have the meaning set forth in said rule.
ARTICLE II
BUDGET AND SCOPE OF SERVICES
MBCDC MBDC will utilize the funds set forth in Exhibit "B", attached hereto and made a part
hereof by reference, for -tfle rehabilitation, down payment assistance. closing cost assistance. and
home ownership training for a Scattered-Site Home Ownership Program of homeo'w\'ncrship housing
in accordance with the Scope of Services in Exhibit "B", attached hereto and made a part hereof by
reference.
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ARTICLE III
PROGRAM INCOME
Macoc MBOC agrees that any program income generated from the use of the Funds under
this Agreement, or funds repaid for any reason, after making all debt repayments to the City, or other
lender, if any, is to be used to further other affordable housing activities.
ARTICLE IV
SPECIAL PROVISIONS APPLICABLE TO FUNDS PROVIDED UNDER THE SHIP AND HOME
PROGRAMS
The parties hereto acknowledge that the funds provided hereunder are to be used in
conjunction with funds received through the HOME Program. Therefore some or all of the projects
assisted will be required to comply with the rules of both programs. The State of Florida has acted
to encourage the use of SHIP Program funds in coordination with HOME funds by suggesting that
in projects which use funding from both sources, generally the HOME rules will take precedence.
Alternatively, the rule which is more restrictive will apply.
Macoc MBOC expressly agrees to the following terms and conditions in conformity with
Chapter 91-37, F.A.C.:
(a) Affordability Period. The period of time SHIP assisted units must remain affordable is
in accordance with Chapter 91-37 F.A.C. as applicable, or the term of a HUO insured mortgage,
whichever period occurs later. The funds shall be repaid to the City in accordance with the
provisions of the HOME Program regulations 24 CFR Part 92.254, in the event the housing is
transferred or sold for any purpose other than settling the estate of one of the owners.
(b) 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 of this Agreement) shall be repaid in their entirety if the SHIP units are
transferred or sold to another owner except as specified herein. Concurrent with the closing on the
property rehabilitated hereunder, the owner shall execute a Restrictive Covenant incorporating the
terms of this section.
(c) Projects must provide safe, sanitary, and decent residential housing for low-income and
very low-income, and moderate-income persons (Le., a person whose income is within specific
income levels set forth herein, as documented by U.S. HUO).
(d) Income Targeting. MaCOC MOOC shall ensure and maintain written documentation that
conclusively demonstrates that each project assisted in whole or in part with SHIP funds provides
benefit to very-low (families whose annual incomes that do not exceed 50 percent of the median
family income for the area) and low-income (families whose annual incomes do not exceed 80
percent of the median income for the area) and moderate income (families whose annual incomes
which do not exceed 120% of the area median income), as determined and published from time-to-
time by U.S. HUO.
(e) MaCOC MBOC affirms that it maintains a financial management system that conforms
to the financial accountability standards of Attachment F of OMS Circular A-110.
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(f) Records: MBCDC MODC agrees to maintain all records sufficient to meet the
requirements of Chapter 91-37 F.A. C., including, but not limited to: program records, project records,
and program administration records. All records required herein shall be retained and made
accessible for a period of at least three (3) years after closing, as provided in Chapter 91-37, and
Florida Statutes Chapter 119.
(g) Property Standards. For the duration of this Agreement and any amendments hereto,
housing that is assisted with SHIP funds, at a minimum, must meet the Housing Quality Standards
of CFR Section 882.109. In addition, housing that is newly constructed or substantially rehabilitated
with SHIP funds must meet all applicable local codes, rehabilitation standards, ordinances, and
zoning ordinances.
(h) Maximum and Minimum Amount of SHIP Funds Per Unit. The minimum amount of SHIP
funds that can be invested is $1,000 per dwelling unit, and the maximum amount of SHIP subsidy
is limited to $30,259 per unit.
(i) Environmental Clearance. For each activity or project assisted hereunder, immediately
after a site is identified, MBCDC MBDC shall obtain the City's written environmental clearance
statement and hereby agrees to comply with any and all requirements as may be set forth in the Site
Environmental Clearance Statement.
U) Affirmative Marketing. The parties acknowledge that it is unlawful to discriminate on the
basis of race, creed, color, religion, age, sex, sexual preference, familial status, national origin or
handicap. MBCDC MBDC agrees to adopt affirmative marketing procedures and requirements, in
writing, for SHIP-assisted housing as set forth in Chapter 91-37 F.A.C.
(k) Affordable housing: homeownership. Housing that is for purchase qualifies as affordable
housing only if the housing has an initial purchase price or, appraised value after rehabilitation or
repair, that does not exceed 90% of the median purchase price for existing single-family housing
for the Miami PMSA, currently $113,418, and subject to change from time-to-time, as determined
by the U.S. Department of the Treasury; is the principal residence of an owner whose family
qualifies as very low-, low- or moderate-income at the time of purchase; and is subject to resale
restrictions or recapture provisions established by the City for the required period of affordability.
ARTICLE V
ELIGIBLE COSTS
MBCDC MBDC agrees that eligible costs for the projects under this Agreement are limited
to those eligible costs as outlined in Chapter 91-37.007 of the SHIP Program Rule. It is expressly
agreed by the parties that no funds obtained hereunder will be used to acquire, rehabilitate or
otherwise assist mobile homes.
ARTICLE VI
METHOD OF PAYMENT
(a) MBCDC MBDC shall be paid monthly for eligible costs expended, as permitted under the
Scope of Services in Exhibit B, based on actual costs expended, with supporting documentation
provided for expenses that are considered reasonable and necessary and approved by MBCDC's
MBDC's authorized representative.
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(b) Any payment due under the terms of this Agreement will be issued upon receipt and
approval by the City of all reports and documents which MBCOC MBOC is required to submit to the
City pursuant to the terms of this Agreement and any amendments thereto.
(c) Macoc MOOC agrees to provide evidence of appropriate licenses and insurance as
required by this Agreement for each location assisted hereunder, such evidence must be kept on
file with the City.
ARTICLE VII
SUBCONTRACTS
(a) The parties agree that the work or services covered by this Agreement, including but not
limited to rehabilitation work or services, may be subcontracted without the prior written approval of
the City. MaCOC MBOC agrees to obtain at least three bids for all rehabilitation work estimated to
be in excess of $500. Copies of all bids received shall be kept in the job file. A copy of the
executed contract must be forwarded to the City within ten (10) days after execution.
(b) MaCOC MOOC agrees to include in all contracts and subcontracts that the contractor or
subcontractor(s) shall hold the City harmless against all claims of any nature arising out of the
contractor's performance of work under the contract and this Agreement to the extent allowed by
law.
ARTICLE VIII
CONDITIONS OF SERVICE
As a condition of these services, MBCOC MBOC agrees to comply with the regulations of
the SHIP Program and any amendments thereto as stated in Chapter 91-37 F.A.C.
(a) Equal Opportunity: MBCOC MOOC agrees to abide by and be governed by the Equal
Opportunity and Fair Housing laws. No person in the United States shall on the grounds of race,
color, national origin, religion, disability or sex be excluded from participation in, or be denied the
benefits of or be subjected to discrimination under any program or activity funded in whole or in part
with SHIP funds.
(b) Housing assisted with SHIP funds shall be subject to testing and abatement activities for lead-
based paint.
ARTICLE IX
TERM OF AGREEMENT
This Agreement shall be deemed effective commencing with the execution of the fund
reservation agreement reserving the Funds. The City and MBCOC MBOC mutually agree that the
Funds are reserved for MBCOC MBOC for the designated time period as follows:
(a) Fiscal Year 1995-1996 funds in the amount of $302,729 plus $1,778.63 of accrued interest,
totaling: $304,507.63 are reserved through February 28, 1997. Before this date, MBCOC MOOC
shall have arranged for the rehabilitation of a minimum of four (4) dwellings pursuant to this
agreement. If MBCOC MBeC is substantially behind the schedule attached hereto, the City shall
have the right to declare this agreement null and void with regard to the remaining uncommitted
4
funds, and the City shall take any and all actions it deems necessary to carry out the commitments
of the SHIP Housing Assistance Plan, including selecting another service provider for all or part of
the unspent funds.
ARTICLE X
TERMINA TION
The City and MBCDC MBDC agree that this Agreement may be terminated by the parties
in whole or in part, for cause (as more specifically defined in herein) or for convenience, in
accordance with the provisions of Chapter 91-37, F.A.C. Written notification shall be submitted at
least thirty (30) days prior to the effective date of such termination, and shall include the reason for
the termination (if for cause), the effective date, and in the case of a partial termination, the actual
portion to be terminated. Notwithstanding the language set forth herein, the City's reasons for
terminating the Agreement for convenience, in whole or in part, shall not be arbitrary or capricious.
ARTICLE XI
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 they have been
reduced to writing and duly signed the both parties hereto. Any changes which do not substantially
change the Scope of Services or increase the total amount payable under this Agreement, shall be
valid only when reduced to writing and signed by the City Manager (or his designee) and MBCDC
MBDC.
ARTICLE XII
CONFLICT OF INTEREST
(a) MBCDC MODC shall comply with the standards contained within Chapter 91-37, F.A.C.
(b) MBCDC MBDC shall disclose any possible conflicts of interest or apparent improprieties of any
party that is covered by the above standards. MBCDC MODC shall make such disclosure in writing
to the City immediately upon MBCDC's MODC's discovery of such possible conflict. The City will
then render an opinion which shall be binding on all parties.
(c) Related Parties. MBCDC MBDC shall report to the City the name, purpose, and any other
relevant information in connection with any related-party transaction. This includes, but is not limited
to, dealing with a for-profit subsidiary or affiliate organization, an organization with overlapping board
of directors, or an organization for which MBCDC MBDC is responsible for appointing members.
MBCOC MBDC shall report this information to the City upon forming the relationship or, if already
formed, shall report it immediately. Any supplemental information shall be reported in to the City
required Progress Report.
ARTICLE XIII
INDEMNIFICATION AND INSURANCE
MBCDC MBDC, shall indemnify and hold harmless the City from any and all claims,
liabilities, losses, and causes of action which may arise out of any act, omission, negligence or
misconduct on the part of MBCDC MBDC or its efforts, employees, agents and/or invitees. MBCDC
5
MBDC shall pay all claims and losses of any nature whatsoever in connection therewith and shall
defend all suits in the name of the City, when applicable, and shall pay all costs and judgements
which may issue thereon.
MBCDC MBDC or the General Contractor(s) selected to conduct the rehabilitation work
hereunder shall provide a General Liability Insurance Policy with coverage for Bodily Injury and
Property Damage, in the amount of $1 ,000,000 per occurrence (The policy must include coverage
for contractual liability to cover the above indemnification); and the City of Miami Beach shall be
named as an additional insured followed by the statement: "The coverage is primary to all other
coverage carried by the City covering this specific agreement only." MBCDC MBDC or the General
Contractor(s) shall provide proof of Workers' Compensation Coverage meeting the statutory limits
of the State of Florida. MBCDC MODC 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 evidence of 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 Risk Manager.
ARTICLE XIV
REPORTS
(a) Progress Reports. MBCDC MBDC agrees to submit monthly progress reports to the City,
describing the status of each proposed project and achievement of the project objectives as
provided in the Scope of Services, (Exhibit B), attached hereto. The progress reports shall be
submitted no later than 15 days after the end of each month, and shall continue until such time as
all Funds are expended on specific projects.
(b) It will be the responsibility of MBCDC MODC to notify the City in writing, of any action, law,
or event, that will impede or hinder the success of the projects and activities as provided in this
Agreement. After such notification the City will take whatever actions it deems appropriate to ensure
the success of the program.
ARTICLE XV
AUDIT AND INSPECTIONS
At any time during normal business hours and as often as the City Administration and/or the
Florida Housing Finance Corporation (FHFC) Agel'ley (FHFA) may deem necessary, there shall be
made available to the City Administration and/or representatives of the FHFC FHFA to audit,
examine and make audits of all contracts, invoices, materials, payrolls, records of personnel,
conditions of employment and other data relating to all matters covered by this Agreement. If during
the course of its monitoring, the City determines that any payments made to MBCDC MBDC do not
constitute an allowable expenditure, the City will have the right to deduct/reduce those amounts from
their related invoices. MBCDC MBDC must maintain records necessary to document compliance
with the provisions of this Agreement, for at least three (3) years after the close of the fiscal year in
which the funds reserved hereunder are fully expended.
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ARTICLE XVI
COMPLIANCE WITH LOCAL STATE AND FEDERAL REGULATIONS
Macoc MBOC agrees to comply with all applicable Federal and State regulations as they
may apply to program administration. Additionally, MaCOC MBOC will comply with all State and
local laws and ordinances hereto applicable, specifically including the SHIP Program Rule.
ARTICLE XVII
ADDITIONAL CONDITIONS
(a) It is expressly understood and agreed by the parties hereto that monies contemplated by this
Agreement, to be used for compensation originated from grants under the SHIP Program and are
contingent upon approval of activities by the State of Florida.
(b) Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
(c) In the event of conflict between the terms of this Agreement and any terms or conditions
contained in any attached document, the terms in this Agreement shall have precedence. In the
event of conflict between the terms of this Agreement and any terms or conditions contained in ~
SHIP Program Rule, the terms of the SHIP Program Rule shall have precedence.
(d) No waiver or breach of any provision of this Agreement shall constitute a waiver of any
subsequent breach of the same or any other provision hereof, and no waiver shall be effective
unless made in writing.
ARTICLE XVIII
ACCESS TO RECORDS
Macoc MBOC, agrees to allow access during normal business hours to all financial and
SHIP Program records to authorized State or City representatives and agrees to provide such
assistance as may be necessary to facilitate the conduct of a financial or operational audit by any
of these representatives when deemed necessary to insure compliance with applicable accounting
and financial standards. MaCOC MBOC shall allow access during normal business hours to all
other records, forms, files, and documents which have been generated in performance of this
Agreement, to those personnel as may be designated by the City.
ARTICLE XIX
SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not
be affected thereby if such remainder would then continue to conform to the terms and requirements
of applicable law.
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ARTICLE XX
PROJECT PUBLICITY
MBCDC MBDC agrees that any news release or other type of publicity pertaining to the
project as stated herein must recognize the City as the recipient funded by the Florida Housing
Finance Corporation Agef'lcy, under the State Housing Initiatives Partnership (SHIP) Program and
administered by the Economic and Community Development Division of the Development, Design
and Historic Preservation Services Department of the City of Miami Beach as the entity which
provided funds for the Project.
ARTICLE XXI
SUCCESSORS AND ASSIGNS
MBCDC MBDC agrees that this Agreement shall be binding upon the parties herein, their
heirs, executors, legal representatives, successors, and assigns.
ARTICLE XXII
INDEPENDENT CONTRACTOR
MBCDC MBDC and its employees and agents shall be deemed to be independent
contractors and not agents or employees of the City, and shall not attain any rights or benefits under
the Civil Service or Pension Ordinances of the City, or any rights generally afforded classified or
unclassified employees; further they shall not be deemed entitled to the Florida Workers'
Compensation benefits as an employee of the City.
ARTICLE XXIII
ASSIGNMENT
This Agreement may not be assigned or transferred by MBCDC MBDC without the prior
written consent of the City thereto. It shall be deemed a default of this Agreement in the event that
MBCDC MBDC does not strictly comply with the procedures established herein for obtaining City
consent to assignment or transfer as defined by this Article. 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 MBCDC MBDC. In the event MBCDC
MBDC transfers an interest of more than five (5%) percent ownership in its stock by pledge, sale,
or otherwise; or if MBCDC MBDC makes an assignment for the benefit of its creditors, or uses this
Agreement as security or collateral for any loan; or if MBCDC MBDC 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 receiver for MBCDC M8DC,
shall be deemed an assignment of this Agreement and will require the prior written consent of the
City thereto.
ARTICLE XXIV
EVENTS OF DEFAULT
The City may place MBCDC MBDC in default of this Agreement and may suspend or
terminate this Agreement in whole or in part for cause, as prescribed in Article X herein. "Cause"
shall include the following:
8
(a) Failure to comply and/or perform in accordance with any of the terms and conditions of this
Agreement, or any 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 (h)
hereof, has been given by the City to MBCDC MBDC;
(c) Implementation of this Agreement, for any reason is rendered impossible or infeasible;
(d) Failure to respond in writing within thirty (30) days of notice of same from City to any
concerns raised by the City, including providing substantiating documentation when requested by
the City;
(e) Any evidence of fraud, waste or mismanagement as determined by the City's monitoring of
project(s) under this Agreement, or any violation of applicable SHIP Program Rules and regulations;
(f) MBGDG'S MODG'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 herein;
(h) If a default is not fully and satisfactorily cured within thirty (30) days of MBCDC's MODGs'
receipt of a notice of default by the City, at the expiration of said thirty (30) day period (or such
additional period of time as may be permitted by the City, in its sole discretion, as required to cure
such default in the event MBCDC MBDC 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.
ARTICLE XXV
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.
ARTICLE XXVI
MAINTENANCE AND RETENTION OF RECORDS
MBCDC MBDC agrees that it will maintain all records required pursuant to Chapter 91-37,
F.A.C., in an orderly fashion in a readily accessible, permanent and secure location, and that it will
prepare and submit all reports necessary to assist the City in meeting record keeping and reporting
requirements thereunder.
(a) Records shall be maintained for a period of three (3) years after the closeout of funds under
this Agreement except as provided herein (b), (c) and (d).
9
(b) If any litigation, claim, negotiation, audit or other action has been started before the regular
expiration date, the records must be retained until completion of the action and resolution of all
issues which arise from it, or until the end of the regular period specified in paragraph (a), whichever
is later;
(c) Records regarding project requirements that apply for the duration of the period of
affordability, as well as the written agreement and inspection and monitoring reports must be
retained for three years AFTER the required period of affordability;
ARTICLE XXVII
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 the Funds
reserved hereunder, less any amount of the Funds actually paid to MaCDC MBDC by the City at
the time of the alleged breach. MaCDC MBDe hereby expresses its willingness to enter into this
Agreement with MaCDC's MDDC's recovery from the City for any damage action for breach of
contract to be limited to a maximum amount of the Funds, less any amount, in whole or in part, of
the Funds actually paid to MaCDC MBDC by the City at the time of the alleged breach. Accordingly,
and notwithstanding any other term or condition of this Agreement, MaCDC MBDC hereby agrees
that the City shall not be liable to MaCDC MBDC for damages in an amount in excess of the Funds,
less any amount, in whole or in part, of the Funds actually paid to MaCDC MODC by the City at the
time of the alleged breach, 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.
ARTICLE XXVIII
JURISDICTION
This Agreement shall be enforceable in Dade County Florida, and if legal action is necessary by
either party with respect to the enforcement of any or all of the terms and conditions herein,
exclusive venue for the enforcement of same shall lie in Dade County, Florida.
ARTICLE XXIX
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 purposes described herein, originated from grants of State Housing
Incentives Partnership (SHIP) Program funds, and must be implemented with all of the applicable
rules and regulation of the Florida Housing Finance Corporation Agcf'ley. It is expressly understood
and agreed that in the event of curtailment or non-production of said SHIP Program funds, that the
financial sources necessary to continue to pay MaCDC MBDC compensation hereunder 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, MaCDC MODC 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.
10
ARTICLE XXX
NOTICES
All notices shall be sent to the parties at the following addresses, with copies to the Office
of the City Attorney:
City:
Miguell Del Campillo, Housing Coordinator
Economic and Community Development Div.
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
with copies to:
Murray H. Dubbin, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
MBCDC MODC:
Denis Russ, President
Miami Beach Development Corporation
1205 Drexel Avenue
Miami Beach, FL 33139
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.
IN WITNESS WHEREOF, The parties hereto have caused this Agreement to be executed
by their duly authorized official(s), on the day and year first above written.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
ATTEST:
-
J
/ /
;. I
___/i/I)
Secretary
CITY OF MIAMI BEACH
ATTEST:
#rYA
~t PtU~
City Clerk
Neisen O. Kasdin, Mayor
11
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
14Wd/~
I Attornell
Yt-~)q~
n......
SHIPMBD1.AGR
EXHIBIT A
OTHER REQUIREMENTS
As the City of Miami Beach is providing this funding through state funds, combined with federal funds,
all parties agree to comply with the following statutes, regulations and executive orders, as amended,
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)
- 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)
- Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
- 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)
ADDITIONALLY, ALL PARTIES AGREE TO COMPLY WITH ALL EXISTING FEDERAL, STATE AND
LOCAL LAWS AND ORDINANCES HERETO APPLICABLE, AS AMENDED.
12
EXHIBIT B
Scope of Services
Services to be Provided:
MBCDC MBDC will provide: rehabilitation services, down payment assistance and/or closing cost
assistance to home buyers as part of its Scattered-Site Home Ownership Rome buyer Program fQr te a
minimum of 10 dwelling units, in accordance with the attached Sources and Uses of Funds schedule.
In addition. MBCDC will provide home ownership training to a minimum of 40 families.
Expenditure Deadline:
MBCDC MBDC acknowledges and agrees that all funds provided under this agreement shall be
expended, documented and invoiced to the City prior to June 3D, 1998, in accordance with the attached
Schedule of Expenditure.
Recapture of Funds:
Condominiums rehabilitated with SHIP funds which are sold to eligible home buyers shall be subject
to subsidy recapture provisions which are consistent with those already adopted by the City under the
HOME Program. It is the City's intent to allow the homeowner to realize the equity from their home.
The period of time SHIP assisted units must remain affordable is in accordance with Chapter 91-37
F.A.C. as applicable, or the term of a HUD insured mortgage, whichever period occurs later. When SHIP
funds provided hereunder are combined with HOME funds, the provisions of the HOME Program with
regard to the period of affordability will apply.
Payment:
Payments by the City to MBCDC MBDC shall include those eligible costs as follows:
Construction Costs, which may include:
Actual cost of rehabilitating housing, including: labor and materials necessary to meet the
requirements of the South Florida Building Code, the City of Miami Beach Building Codes, and
U.S. HUD Section 8 Housing Quality Standards.
Current or incipient code violations - improvements to correct violations or conditions which may
develop into hazardous conditions or code violations.
Good and readily maintainable condition - improvements necessary to put the property and
facilities in a condition which requires a minimal amount of maintenance, and when appropriate,
improvements to conserve energy.
General property improvements - improvements which are in addition to those required by
applicable codes and ordinances, but which are incidental to the repairs being done to remedy
code violations. These improvements may be considered appropriate, provided they are
economically practical and in the public interest.
Rehabilitation soft costs, which may include:
Architectural- reasonable fees paid for professional services in preparing work write-ups, cost
estimates, working drawings and specifications; for supervision, for cost certification; and for
other designated tasks.
13
Permit fees - those fees paid to the City's Building Services Division for permits necessary to
undertake the work outlined in the application.
Construction supervision costs, in an amount equal to 10% 45% of the value of the
rehabilitation and .5% up to a maximum of 1 q.(. of the appraised value of the unit.
Down Payment Assistance
Closing Costs Assistance
Home Ownership Training, not to exceed two (2) percent of the City's FY 95/96 SHIP Program funds
allocation, $6,763.
Required Documentation:
For each home buyer assisted with the funds provided hereunder, the following documentation is
required to be kept:
A copy of the letter of commitment/award to the SHIP recipient.
Completed application form, signed and dated, containing income and asset information, and household
characteristics, including age of head of household, family size, race, and special needs, if any. The
information must be kept in a form acceptable to the City. The combined household annual anticipated
gross income of an applicant must be verified and certified using procedures such as those established
by U.S. HUD or the Farmers Home Administration. Whichever method is used, annual gross anticipated
income must be used and the SHIP income limits cannot be exceeded.
Income verification forms for each adult in the household, dated within 120 days of the award date,
award letter to recipients should include the requirement to notify the City's SHIP Coordinator
immediately of any change in income, assets, or household size occurring between the award letter and
closing.
A signed affidavit of no income change must be completed, if the closing is more than 120 days after the
completion of the original income verification.
A copy of an appraisal, certified to the lender, dated within 90 days of the closing date, showing a value
at least equal to the selling price.
A copy of the purchase contract.
Property inspection report.
Letter of commitment or written agreement.
Loan closing statement.
lien documentation including the required recapture provisions, executed by the purchaser, and
recorded in the public records.
A copy of the initial inspection report and work write-up, describing the specific activities to be included
in the rehabilitation, and the estimated cost.
Copies of bids or proposals from contractors. [At least three, if possible for all work in excess of $500
in value.]
14
A copy of the executed construction contract for the rehabilitation work. [copies of the contractor's
license, and proof of insurance should be included.]
Copies of interim and final inspection reports.
Copies of all construction payment requests.
Copies of all partial and final releases of lien or lien waivers
Proof of final payment.
Copy of the certificate of completion or certificate of occupancy, as appropriate.
Summary reports of all meetings with the home buyer, contractor[s] and MBCDC MODC staff.
All relevant correspondence.
SHIPMBD1.AGR
15
SOURCE .. .... ...
",': '.. ,^
CMB SHIP ......
,..._..s
.'. .. SOU
j~'.Ii,(J". ~." '!j ,
'., l\'f",d,,,, ,.' .
.. ......... AMOUNT
". '. ,,:"
304,508 Application submitted
.
Buyer Downpayment
.
Metro Dade County Surtax
.
. .
.
100,000 Funds from buyers
,
, '
.
710,000 Contract Attached
CMB HOME .. 1996 '
. .
eMB. HOME 1997. .,-:: '. ,"
. '. " ,'. '.' " ' ,,' . ,;
Bank Loan ".' .., .,' .", ',' .:; .,.'
..",".. .... .' ,"', " '. .... '. .
'.',,'. .". '. '. ,,' . ' , . .",. .,
,; , ' '''. .,,' .' ,.,'. " "
I'", '. ',":',:'" ,,', '....:. . . " . ,..:>,',: '
USE OF. FUNDS " " .
I. .' .:.:., .' { .:.: ..,',; :,,"", ' '... ': :'.'. ":.'';;.
M..~.. of 23 units C.$t1 ,026
=~~~~~~I~S~~g"'c~;~~~it~:'~:, ..,~."
~~'~~'~~~i~,:.""" '~:\,':
:;i.,\::~{;:;:;;:,:,j'~..'"",
OowooaVn entan 25 units r unit:.".
'. ,,.... . " ..~ . .. -~~;"::c
4 es.'al '$20,000 D r unit;; .' .
~k~~
< ".:. .:".", .."...::.". . ,"....,',!..... "." '::"., ",,:.':,,';
4'" First Mort 35,144 per unit.:
f. .' .'.'. ",' ';;: '" '. , ." : . ..,(.
21 First M ..' .,- ~':l ,000: per unit.
I ,'.. . ,;" '" . " '. . "'," . ,......, ::: ,,' ".:. .' "::':':'" .
'" ..:> '.''',' '., .' .... '. ;..,' ""'~\"".
83,424 Contract Attached
210,000 Applied
896,576 Bank letter attached
2,304,508
AMOUNT
253,787
43,958
6,763
1 00,000
80,000
630,000
83,424
210,000
140,576
756,000
2,304,508
Home Buyer Assistance Program
Miami Beach Community Development Corporation
1205 Drexel A venue, Miami Beach, Florida 33139
Telephone (305) 538-0090 - FAX 538-2863
City of Miami Beach
Community/Economic Development Division
Miami-Dade County
Office of Community Development
Department of Special Housing Programs
U. S. Department of Housing and Urban Development
Community Development Block Grant; HOME Investment Partnership Program
State of Florida
Florida Housing Finance Corporation
State Housing Initiatives Partnership Program
1
Miami Beach Community Development Corporation
MBCDC Home Buyer
Assistance Program
The Home Buyer Assistance Program provides trammg,
counseling and financing to assist qualified home buyers in the
purchase of property to be used as their principal residence. The
program is administered by the Miami Beach Community Development Corporation and is
funded by the City of Miami Beach, Miami-Dade County and the U.S. Department ofHUD.
Miami Beach Community Development Corporation seeks to preserve and rehabilitate
existing residential neighborhoods and encourage and provide safe, decent affordable housing to
low and moderate income persons. MBCDC has been designated as a Community Housing
Development Organization by the City of Miami Beach and Miami-Dade County.
PrOqram Obiectives
MBCDC implements the Home Buyer Assistance Program on a city-wide basis to
accomplish the following objectives:
To provide training, counseling and funding assistance to qualified buyers;
To foster private investment in housing and residential neighborhoods; and
To participate in the revitalization of Housing on Miami Beach by
complementing other public and private neighborhood revitalization efforts.
Preliminary Application
Applicants must carefully complete the preliminary application which requires that
substantial information and documentation be gathered and submitted. This includes the
following information:
o Signed two years personal Income Tax Returns with Forms W-2;
o Verification of Employment -- most recent pay stubs;
o Last 12 months rental payment receipts or canceled checks;
o Last 3 months bank statements -- Savings, Checking, Loans;
o Divorce Decree and Property Settlement Agreement, if applicable;
o Most recent statements of monthly consumer debt, including credit cards;
o Verification of citizenship or legal residence;
o Signed information disclosure.
Program Fundinq Assistance
City of Miami Beach,
Community/Economic Development Division
Community Development Advisory Committee
U. S. Department of HUD - CDBG & HOME Programs
Florida Housing Finance Corp. SHIP Program
Miami-Dade County Office of Community Development and Department
of Special Housing Programs
Documentary Surtax Advisory Board
2
Program Description
Eligibilitv of Applicants
This program is available to families that earn no more than
80% of the Dade County median income level adjusted for family
size. Additional assistance may be available to very low income
families, earning less than 50% of median income.
Applicants must be first time home buyers
purchasing the property as a principal
residence. Applicants will be considered first
time home buyers if they have not owned a
home during the 3-year period before
participation in this program. Special
exceptions enable participation in the program
by displaced homemakers, single parents and
the owners of detached dwellings and other
property not in compliance with applicable
building codes.
Applicants must demonstrate steady
employment or other means of stable income as
well as an acceptable credit history. Applicants
may also be required to meet standard ratios of
debt to income: no more than 28% of income
for housing costs and no more than 36% of
income for housing and all other debt.
Family Income
Limits *
Family 50 % of 80% of
Size Median Income Median Income
1 $15,600 $25,000
2 $17,850 $28,550
3 $20,050 $32,100
4 $22,300 $35,700
5 $24,100 $38,550
6 $25,850 $41,400
7 $27,650 $44,250
8 $29,450 $47,100
* Subject to change
Property Reauirements
Maximum Surtax and HOME
Subsidy Per Unit *
Eligible properties include studios, one, two, or three bedroom single family houses, condominium units,
and attached town houses located within the City of Miami Beach.
Some funding sources may require that property be
located in the South Beach or North Beach Community
Development Target Areas. South Beach includes the area
south of 23rd Street to Government Cut, from the Ocean to
HOME the Bay. North Beach includes the area from 63rd Street
north to 88th Street, from the Ocean to the Bay.
Maximum Properties assisted by the federal HOME program may
not exceed the FHA 203(b) limit for Dade County. The
maximum HOME subsidy is based upon the number of
bedrooms. Maximum purchase price of housing assisted by
the Miami-Dade Surtax Program is $92,OOO.Properties are
inspected by government funding agencies to assure they
meet structural and other applicable housing standards.
MBCDC will undertake to rehabilitate property to comJ?ly
with funding agencies property standard requirements. The
contract purchase price to be paid by the applicant may not
exceed die property appraisal.
Bedroom
Units
Surtax
Maximum
Studios
$27,000
$ 27,500
$ 33,000
$ 38,500
$44,000
1
2
3
4
*Subject to change
$ 58,764
$ 67,361
$ 81,911
$ 105,964
$ 116,316
3
Forms of Assistance
Housinq Counseling
MBCDC provides housing counseling to
propective first time home buyers to assist and
prepare them for the acquisition and ownership of a
home. Counseling services will be provided in two
categories: 1. Education will be provided in a
group or classroom setting , and will cover topics
applicable to groups of people, such as the home
buying process, how to maintain a home, how to set
up a budget and the importance of good credit
reputation. 2. Individual Counseling is one on one
assistance provided to an individual or family.
Individual counseling focuses on overcoming
obstacles such as repairing credit, resolving landlord
disputes, finding the cash for a downpayment, or
helping to resolve a financial crisis. Staff of the
organization provides useful information in
identifying affordable property, securing financing
and preparing for the property acquisition.
Loans and Grant.s
MBCDC is able to assist a qualified home
buyer to obtain commercial financing, advantageous
second mortgage funding from the Miami-Dade
County Documentary Surtax Program, and in some
instances additional deferred loans, and in some
cases grants from the HOME programs of
Miami-Dade County and the City of Miami Beach.
MBCDC seeks program support and assistance
from other sources such as the State of Florida,
State Housing Initiatives Partnership Program and
Miami-Dade County Housing Finance Agency.
A number of community banks and financial
lending organizations are participating in the
program by facilitating access to the commercial
market first mortgages that make the program
possible.
County Documentary Surtax funds enable the
Homeownership Assistance Loan Program to make
up the difference between what the homebuyer can
afford and the cost of the home, with a required
down payment of three to five percent of the
purchase price. The amount of assistance is
determined by household income, family size and
number of bedrooms of the home being purchased.
At a rate of three or six percent -- depending on
income -- the loan is structured with graduated
payments beginning as low as $25 or $50 monthly.
The City. of Miami Beach and Miami-Dade
County may make added funds available from the
HOME Investment Partnership Program of the U.S.
Department of HUD which may supplement or
replace the County's Surtax funds. Such assistance
may be structured in the following ways:
grant or deferred second or third mortgage loan;
subsidizing purchase prices with grants or
deferred loans; and
interest subsidies to reduce carrying costs.
4
INITIAL TRANSACTION AND SUBSEQUENT SALE
MBCDC enters into a Contract to Buy the selected property from the Seller and assigns that Contract to
the participating First Time Home Buyer. The participating Home Buyer takes title to the property subject
to purchase financing and other long-term affordability requirements.
Various requirements will pertain if the Home Buyer sells the property. The Miami-Dade Documentary
Surtax Program loans are required to be repaid to the County upon such subsequent sale of the property. The
HOME and SHIP Program long-term affordability requirements may necessitate the repayment of HOME
funds or a prorata share of HOME funds based upon the time the homeowner has owned and occupied the
unit measured against the required affordability period. MBCDC may also require a right of first refusal to
purchase the property prior to resale. These requirements are enforced by deed restriction, restrictive
covenants or the terms of applicable mortgage documents.
5
CITY OF MIAMI BEACH
STATE HOUSING INITIATIVES PARTNERSHIP
(SHIP) PROGRAM
AMENDED PLAN
FOR FISCAL YEARS 1995-96, 1996-97, 1997-98
MAY 1995
(Amended March 1998)
For Information Contact:
Miguel! Del Campillo, Housing Coordinator
Community I Economic Development Division
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7260 FAX: 673-7772
CITY OF MIAMI BEACH
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
AMENDED HOUSING ASSISTANCE PLAN
Table of Contents
I. PROGRAM DESCRIPTION
Purpose 1
Program 1
SHIP Plan Period 1
Public Input and Plan Development Process 1
II. LOCAL HOUSING PARTNERSHIPS 2
Development of Partnerships 2
Strategy to Reduce Cost 3
III. PROGRAM STRATEGIES 3
Strategy - Home Ownership Program 3
Strategy Period 3
Income Category to Be Served 3
Eligible Sponsors 4
Selection Criteria 4
Recapture Provisions 5
Leveraging 5
IV. TIME LINE FOR EXPENDITURE 6
V. AFFORDABILITY 6
Income Limits 6
Affordability Considerations 6
Maximum Sales Price 6
VI. ADVERTISEMENT AND OUTREACH 6
Advertising availability of SHIP funds 6
Marketing and Outreach 7
VII. ADMINISTRATIVE EXPENSES 7
Responsible Agency 7
Administrative Budget 7
VIII. OTHER PROGRAM REQUIREMENTS 7
Advisory Committee 7
Definitions 7
Encumbrance of Funds 8
Loan Conditions 8
Monitoring 8
Non-Discrimination 8
Notification 8
Plan Amendment 9
Program Consistency 9
Program Requirements 9
Standards 9
Yearly Report 9
CITY OF MIAMI BEACH
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
AMENDED HOUSING ASSISTANCE PLAN
I. PROGRAM DESCRIPTION
Purpose
The City of Miami Beach, a municipal corporation established under the laws of the State of Florida has
designed this SHIP Housing Assistance Plan (hereafter referred to as the "SHIP Plan") to implement
Miami Beach's SHIP Housing Assistance Program, pursuant to Sections 420.907 et seq., Florida
Statutes. The Program was established to make affordable residential units available to persons of very
low-income, low-income, and moderate income, and to persons who have special housing needs. The
SHIP Plan details specific strategies intended to increase the availability of decent, safe and affordable
housing units by combining public and private resources to establish a local housing partnership which
will reduce the cost of housing. The SHIP Plan complies with the requirements of Sections 420.907
et seq., Florida Statutes and Chapter 91-37, Florida Administrative Code and is not governed by an
inter-local agreement.
Program
For State FY 95-96, FY 96-97, and FY 97-98, the City of Miami Beach will use ninety (90) percent of
its SHIP allocation for home ownership activities: new construction (in accordance with the City's
adopted Consolidated Plan), housing rehabilitation, emergency repair, down payment assistance,
closing cost assistance andlor home ownership training. Simultaneously, at least seventy five (75)
percent of the SHIP allocation will be used to provide funds for construction activities: new construction
(in accordance with the City's adopted Consolidated Plan), housing rehabilitation and emergency repair,
which may include down payment assistance and lor closing cost assistance. The remaining ten (10)
percent will be used to cover administrative expenses associated with the program.
SHIP Plan Period
The SHIP Plan covers a period of three (3) State of Florida fiscal years (FY 95-96, FY 96-97, FY 97-98).
Public Input and Plan Development Process
The City of Miami Beach has consulted with local agencies, for-profit and non-profit organizations and
citizens, and social service and housing providers, in order to obtain information on the housing needs
in Miami Beach. Using this input, the City developed its Five-Year Comprehensive Housing Affordability
Strategy (CHAS). The CHAS identifies the City of Miami Beach's overall affordable housing needs and
the strategy to address those needs. It provides guidance for the development of the strategies
proposed under this SHIP Housing Assistance Plan, as well as other housing plans in effect at any
given time. The CHAS document required an extensive amount of input from all sectors of the
population involved. It requires that an Annual Plan and progress reports be made available for public
comment and input.
In developing its housing priorities, the City of Miami Beach solicited input from housing advocates,
coalitions, citizens, and for-profit as well as non-profit organizations. The City worked with the
Affordable Housing Coalition in the preparation of Policy Recommendations to the City Commission,
a document which included the SHIP Program, among others, and solicited input from City
Commissioners. The SHIP Plan outlines the strategy implementation of the City of Miami Beach's
objectives in the area of housing under the SHIP program and how those objectives will be
1
accomplished, on an annual basis. The SHIP Housing Assistance Plan is consistent with the CHAS
and the CHAS Annual Plan; as well as the Housing Element of the City's Comprehensive Plan.
The SHIP Program Plan/Application package was publicly discussed at the City Commission meeting
of April 19, 1995. Prior to that meeting the following groups were furnished with a copy of the SHIP
Program Plan, Ordinance and related Resolutions: the Miami Beach Chamber of Commerce, the North
Beach Development Corporation (NBDC), Miami Beach Housing Authority (MBHA), and the Miami
Beach Development Corporation (MBDC), the City's designated Community Development Housing
Organization (CHDO), and whose President serves as the Chair of the Affordable Housing Coalition.
Subsequent to the City Commission's meeting of April 19th, a meeting was held with these
organizations in order to further refine the SHIP Program Plan/Application.
II. LOCAL HOUSING PARTNERSHIPS
Develooment of Partnerships
The City of Miami Beach has developed Housing Partnerships with several non-profit and private for-
profit housing developers and agencies. The City works closely with the designated Community
Housing Development Organizations (CHDO), CDBG Sub-recipient organizations, community
development corporations, local lenders, realtors, and others. These organizations will be encouraged
to participate in program activities and to assist in program implementation. The City has worked
closely with the Affordable Housing Coalition which is made up of the following organizations: Legal
Services of Greater Miami; RAIN Mothers of Fienberg-Fisher Elementary School; Douglas Gardens
Community Mental Health Center; UNIDAD; Miami Beach Senior Center; the Miami Beach
Development Corporation; the Miami Beach Housing Authority; Mount Sinai Medical Center Social
Service Department; the Community Action Agency; the People With AIDS Coalition; WOMB - Women
of Miami Beach; Tenants of Miami Beach; the Mayor's Committee on the Homeless; and the Miami
Beach Coalition for the Homeless.
For purposes of the SHIP program, the SHIP Housing Partnership will vary depending upon yearly
program activities, and will be accordingly described in each SHIP Annual Plan. For FY 95-96, The
City's SHIP Housing Partnership was comprised of the SHIP Affordable Housing Advisory Committee,
the City's SHIP Administrator (as appointed) and the other applicable housing providers such as the
City's Housing Authority and CHDO. The City will formalize the Partnerships for the SHIP Program
funds. The SHIP Administrator (on behalf of the Community/Economic Development Division) plays
a dual planning and implementation role, and receives planning and policy input from the Affordable
Housing Incentive Committee.
Prior to the City Commission meeting of April 19, 1995 the following groups were furnished with a copy
of the SHIP application, Ordinance and related Resolutions for review: the Miami Beach Chamber of
Commerce, the North Beach Development Corporation (NBDC), the Miami Beach Housing Authority
(MBHA), and the Miami Beach Development Corporation (MBDC) the City's designated Community
Development Housing Organization (CHDO) and whose Director also Chairs the Affordable Housing
Coalition.
Several persons present at the City Commission meeting spoke on this issue, and suggested certain
modifications to the SHIP Program Plan. Subsequently a meeting was held with the above referenced
organizations and others who spoke at the City Commission Meeting, in order to further refine the SHIP
Program Plan/Application in accordance with the City Commission's direction. The City is committed
to working with the above referenced groups, as well as other interested parties, as the SHIP program
evolves in Miami Beach.
2
Strategy to Reduce Cost
The City of Miami Beach will implement measures to reduce the cost of affordable housing. Some of
the measures are: allocating funds under other federally-funded programs, such as the CDBG Program
and the HOME Program to help reduce the cost of funds needed for property improvements; working
with the Florida Power and Light Company to receive rebates for all energy improvements that are
eligible under their approved Watt Wise Program for properties rehabilitated under the SHIP program;
providing deferred payment loans to prevent additional cost burdens on low and very low income
households.
III. PROGRAM STRATEGIES
Strategy - Home Ownership Program
The City of Miami Beach will implement strategies for State FY 95-96, FY 96-97, and FY 97-98, to
further the City's goals relative to home ownership opportunities. The City's SHIP Home Ownership
Program will help very low, low, and moderate income buyers, and persons with special needs
purchase affordable housing in the City of Miami Beach, as follows: 30% of the units will be for very low
income persons earning at or below 50% of the median income, 30% of the units will be for low income
persons whose income is at or below 80% of the median income, and the remaining units for persons
at the moderate income level earning between 80% and 120% of the median income level. These units
will then be sold to eligible persons under this program.
To implement this strategy, scattered sites (e.g. condominium units) will be acquired and rehabilitated,
thus providing affordable home ownership opportunities as well as improving the City's existing housing
stock. The City wishes to exercise flexibility in determining if this will be individual sites or would allow
several condominium purchases in one building. The City does however stress the need for the spatial
deconcentration of assisted housing units throughout the City.
The City of Miami Beach's Community/Economic Development Division will have responsibility for the
implementation of the SHIP Housing Assistance Plan Strategies.
Strategy Period
The strategies identified in this section shall be used to carry out the SHIP Housing Assistance Plan
Program for State Fiscal Year 1995-96,1996-97,1997-98. The three-year strategies will cover home
ownership activities. Ninety (90) percent of the funds will be used for home ownership activities for
new construction (in accordance with the City's adopted Consolidated Plan), rehabilitation of existing
housing not in compliance with Standards as defined in Section 1 of the SHIP Plan, emergency repair,
down payment assistance, closing cost assistance and/or h<:>me ownership training.
Income Category to Be Served
The City of Miami Beach's SHIP Housing Assistance Plan will serve the following:
1. Very low income persons (one or more natural persons or a family, not including students, that has
a total annual anticipated gross income for the household that does not exceed 50 percent of the
median income adjusted for family size for households within the county.)
2. Low income persons (one or more natural persons or a family, not including students, that has a
total annual anticipated gross income for the household that does not exceed 80 percent of the
median annual income adjusted for family size for households within the county.)
3
3. Moderate income persons (one or more natural persons or a family, not including students, that
has a total annual anticipated gross income for the household that does not exceed 120 percent
of the median annual income adjusted for family size for households within the county.)
4. Persons with special housing needs (persons who have incomes not exceeding moderate income
and who, because of particular social, economic or health-related circumstances, have greater
difficulty acquiring or maintaining affordable housing. These individuals include persons with
developmental disabilities; persons with mental illness/chemical dependency; persons with AIDS
and HIV disease, runaway and abandoned youth, single-parent families; public assistance
recipients; homeless; migrant and seasonal farm workers; refugees and entrants; elderly and
disabled adults.)
The City estimates that a minimum of ten (10) units can be acquired and rehabilitated for ownership as
follows: 30% of the units will be for very low income persons earning at or below 50% of the median
income, 30% of the units will be for low income persons whose income is at or below 80% of the
median income, and the remaining units for persons at the moderate income level earning between
80% and 120% of the median income level.
The size of the household and the income levels will be determined at the time applications are taken.
The City of Miami Beach will make every effort to eliminate overcrowding situations in administering
home buyer programs.
Eligible Sponsors
The City of Miami Beach's Community/Economic Development Division will be the primary agency
responsible for carrying out the strategies under the SHIP Housing Assistance Plan. It anticipates that
it will use of a sponsor to carry out program activities. To identify a sponsor, the City of Miami Beach
will issue a Competitive Notice of Fund Availability (NOFA) for various non-profit and for-profit
builders/developers to participate in the program. The City reserves the right to be flexible at this time,
since the City will be further defining the conditions of the SHIP Program in the NOFA. Through the
competitive NOFA process, the City will ascertain the highest and best use of the funds in accordance
with the guidelines outlined in this SHIP Program Plan.
In its implementation of the strategies under the SHIP Housing Assistance Plan, the Eligible Sponsor
selected by the City of Miami Beach will:
(1) Make sure that affordable housing developments are not located too close to each other. Ideally,
there should be an equivalent distribution throughout the City.
(2) Ensure that first quality materials, including landscaping if applicable, are used in the rehabilitation.
(3) Be accountable. The developer will make sure that each prospective homebuyer knows that
maintaining a successful property is a matter of pride. If there is a problem (real or perceived), the
developer will be accessible to both the City and the prospective homebuyer.
(4) Ensure that prospective home owners are good neighbors by referring them to Home Ownership
counseling.
Selection Criteria
The Community/Economic Development Division staff will review all responses to the NOFA to ensure
compliance with the requirements of the NOFA as well as the eligibility requirements, as provided in
4
the Florida Statutes, the SHIP Ordinance, Resolutions and this SHIP Plan. All eligible applications will
be submitted to the City's Loan Review Committee. The Committee will review all applications in
accordance with the criteria as outlined in the NOFA. This criteria is expected to include, but is not
limited to: total cost, leveraging, period of affordability, utilization of non-public funds, non-displacement,
total number of units, etc.
Eligible participants must fall within the SHIP income and household size guidelines. Eligible housing
must be located within the corporate limits of the City of Miami Beach, and preferably in one of the
Community Development Target Areas. Eligible housing must conform to City Zoning requirements
regarding use and density permitted (legal variances will be permitted). Housing which requires
moderate rehabilitation is eligible, subject to inspection by the City. Manufactured housing and mobile
homes shall not be considered Eligible housing. All prospective condominium units must either be
vacant or owner-occupied at the time of initial purchase, prior to re-sale to eligible SHIP recipients.
All potential applicants for the SHIP Home Ownership Program will be screened according to the
eligibility criteria outlined above. SHIP set-aside requirements will be met through this applicant
screening system. Applicants will be processed from a waiting list on a first come first serve basis,
subject to funding availability and in such manner as to comply with the statutory requirements. Since
the City of Miami Beach's SHIP Housing Assistance Program is geared to providing units to very low,
low and moderate income persons, the City anticipates it will exceed the SHIP program requirements
regarding unit apportionment to these income categories. Staff will review actual performance data to
ensure that adjustments are made as necessary to remain in compliance with income targeting
standards.
Recaoture Provisions
Condominiums constructed or rehabilitated with SHIP funds which are sold to Eligible home buyers
shall be subject to subsidy recapture provisions which are consistent with those already adopted by the
City under the HOME Program. It is the City's intent to allow the homeowner to realize the equity from
their home. There are two options regarding how to structure the resale of a unit under the HOME
program, as follows:
. Create another affordable housing unit by "recapturing" the City's financial investment. The City may
permit sale of the property with full repayment of the assistance. Funds subject to recapture, include
any development subsidy or direct assistance to the homebuyer that reduced the purchase price from
Fair Market Value to an affordable price.
Sell the existing property to a subsequent qualified purchaser without recapture of SHIP funds. The
subsequent purchaser of the property must be eligible and occupy the property as the principal
residence. The sale of the property to the new qualified buyer must be at a price which allows for a
"fair return of investment, including any improvement' to the seller (the former homebuyer), and also,
the property must be "affordable" to a "reasonable range of very low, low, and moderate income
purchasers".
Leveraging
When possible, the SHIP funds will be used as a match for the U.S. Department of Housing and Urban
Development funded HOME Program and to leverage Community Development Block Grant (CDBG),
and other federal and state grant funds. Funds may be used for existing Florida Housing Finance
Corporation programs which implement affordable housing strategies within the City of Miami Beach,
or may be used to provide the matching funds in order to obtain other federal housing grants.
5
IV. TIMELlNE FOR EXPENDITURE
Please refer to Timeline Table
V. AFFORDABILlTY
Income Limits
The following gross annual income limits, as established by the Florida Housing Finance Corporation,
adjusted for family size, will be used to determine applicant eligibility for the program. (These limits are
subject to change.) The guidelines established by the U.S. Department of Housing and Urban
Development to determine gross annual household income based on the Section 8 Program income
definitions, will be used to determine applicant eligibility for the SHIP program. Current Area Median
Income limits, as published by U.S. HUD, will be utilized.
Affordability Considerations
The SHIP program will target very-low, low, and moderate income households and people with special
housing needs, and will be implemented through non-amortizing deferred loans that become due upon
sale of the property Recapture of SHIP Program funds will follow the provisions previously adopted by
the City under the HOME Program. Assisted units that received less than $15,000 will have a recapture
period of five (5) years, and units that receive more than $15,000 and less than $40,000 will have a
recapture period of ten (10) years. This deferred loan system will maintain affordability and the
continued occupancy of units by very-low, low, and moderate income persons and persons with special
needs.
The SHIP Home Ownership Program will help very low income (50% of median income) buyers, low
income (80% of median income) buyers, and moderate income (80% to 120% of median income)
buyers, and persons with special needs purchase affordable housing in the City of Miami Beach.
Maximum Sales Price
The sales price of any property purchased with SHIP funds cannot exceed ninety (90) percent of the
median area purchase prices for new and existing houses, as established by the U.S. Department of
the Treasury. This figure is subject to change. The value of existing property, including land and
improvements, as found in the local tax assessor's office plus the cost of the new improvements such
as rehabilitation or repair cost will be used to determine the value of properties to be rehabilitated with
SHIP funds.
VI. ADVERTISEMENT AND OUTREACH
Advertising availability of SHIP funds
The City of Miami Beach will publish the Notice of Fund Availability (NOFA) for the SHIP funds in a local
newspaper of general circulation at least 30 days prior to accepting applications for assistance. In
addition, the City may announce the availability of SHIP funds through announcements at community
and civic group meetings, and flyers to the social services agencies, or public notices.
6
Marketing and Outreach
SHIP programs will be affirmatively marketed without regard to race, creed, religion, color, age, sex,
familial status, handicap or national origin. Programs will utilize local print media, including advertising
in publications read by area minority groups.
VII. ADMINISTRATIVE EXPENSES
Responsible Agency
The City of Miami Beach's Community/Economic Development Division will be responsible for the
implementation of the SHIP housing program strategies. Staff functions include inspections,
preparation of documents, qualification of homeowners, and implementation of the strategy from
commencement to project completion.
Administrative Budget
The allocated five (5) percent of total SHIP monies for administrative expenses will not be sufficient to
operate the SHIP program, therefore, up to (10) percent of the SHIP allocation to offset administrative
expenses for the program will be necessary. This will provide for the salary of one full-time Housing
Specialist. A detailed listing of administrative expenditures for each fiscal year of the SHIP Plan is
outlined below.
Administrative Expenses FY 1995-96 FY 1996-97 FY 1997.98
Salaries $35,000 $35,442 $33,268
Advertising/Marketing $337 $337 $337
Miscellaneous $0 $0 $0
Total Expenses $35,337 $35,779 $33,599
(10% of Allocation)
VIII. OTHER PROGRAM REQUIREMENTS
Advisory Committee
The City of Miami Beach submitted to the Florida Housing Finance Corporation a copy of the Resolution
appointing the Affordable Housing Advisory Committee, immediately following its adoption.
Definitions
Affordable Housing means that monthly mortgage payments, including taxes and insurance, do not
exceed 30 percent of an amount representing the percentage of the area's median annual gross income
for the household as indicated in subsections (28), (29), or (41) of the Florida Rule (Chapter 91-
37.002(3)). However, it is not the intent to limit an individual household's ability to devote more than
30 percent of its income for housing. Housing for which a household devotes more than 30 percent
of its income shall be deemed affordable if the institutional first mortgage lender is satisfied that the
household can afford mortgage payments in excess of the 30 percent benchmark.
7
Rehabilitation is defined as the repairs or improvements which are needed for safe or sanitary
habitation, correction of substantial code violations, or the creation of additional living space. All other
definitions of terms shall be as defined in s. 420.9071, Florida Statutes.
Encumbrance of Funds
SHIP funds shall be encumbered by June 30 one year following the end of the State fiscal year in which
they are received. This shall not prohibit the use of SHIP funds for construction projects the fiscal pay-
out of which is not in the same fiscal year.
Loan Conditions
Although grants and/or deferred loans are contemplated, if loans are made using SHIP funds, the loan
period shall not exceed thirty (30) years, except for deferred payment loans or loans that extend beyond
thirty (30) years which continue to serve eligible persons. Satisfied or defaulted loans will be repaid into
the SHIP trust account and reused for ongoing SHIP project activities. There will be no
application/processing fees associated with these loans. A partial down payment may be required by
the Program to be put in escrow with the lender at the time of pre-approval. Upon refinancing or sale
of a SHIP assisted property prior to the end of the properties recapture period, the mortgage must be
paid in full to the SHIP trust account unless it is sold to another qualified buyer.
The City reserves the right to be flexible in defining the conditions of the loan and or grant, until such
time as the NOFA's are received and reviewed. Through the competitive NOFA process, the City will
ascertain the highest and best use of the funds in accordance with the guidelines outlined in this SHIP
Program Plan.
Monitoring
The City of Miami Beach will enter into a Legally-Binding contract/subsidy agreement with the selected
Eligible Sponsor. The Community/Economic Development Division will be responsible for monitoring
that contract. The strategies under this SHIP Housing Assistance Plan shall be monitored on an
ongoing basis to ensure compliance with the SHIP Program requirements. The Community/Economic
Development Division will establish a system to ensure that adequate records are kept and maintained
for compliance with monitoring requirements. The U.S. Department of Housing and Urban
Development, the Florida Housing Finance Corporation, or any duly authorized representative of such
agencies shall be permitted to inspect all local SHIP Program records and any other applicable
documents at any reasonable time with or without notice.
Non-Discrimination
The City of Miami Beach shall not discriminate on the basis. of race, creed, religion, color, age, sex,
marital status, familial status, national origin, or handicap, in the selection of recipients, contracts or
assistance under the SHIP program.
Notification
Pursuant to the requirements of the SHIP Program, and rule 91-37.005, Florida Administrative Code,
the City of Miami Beach shall notify the Florida Housing Finance Corporation if at any time during the
approved SHIP Plan period the City of Miami Beach is unable to comply with the provisions of the SHIP
Plan.
8
Plan Amendment
The City of Miami Beach will amend this SHIP Housing Assistance Plan in accordance with Section 91-
37.006 if it is unable to comply with the provision of the SHIP Program. A copy of the proposed
amendment will be submitted to the Florida Housing Finance Corporation within 21 days after its
adoption.
Program Consistency
The SHIP funded program will be consistent with and maintain procedures which are compatible with
other City sponsored multi-family programs, including the Community Development Block Grant
(CDBG) funded rehabilitation program and HOME Investment Partnerships Program.
Program Requirements
This SHIP Plan will comply with all the requirements of Sections 420.907 et seq., Florida Statutes and
Chapter 91-37, Florida Administrative Code.
Standards
The standards upon which all construction, rehabilitation, or emergency repairs will be based are the
following:
1. South Florida Building Code
2. City of Miami Beach Minimum Housing Codes
3. Section 8 Minimum Quality Standards (federal)
Yearly Report
The City shall submit to the Florida Housing Finance Corporation by September 15 of each year a
report of its program accomplishments and shall be made in compliance with the provisions set forth
in s. 420.9075(7-10) Florida Statutes.
SHIPLAN.97F
9
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Local Initiatives Support Corporation
, . I .:"
). . \;' V',) I \ ~
February 19r..1W8--'--
Dear Mayor Kasdin and Commissioners:
--------.' \
---:--
~ 10 p-,\..\.
'^c lcT\cR \
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Mayor Neisen O. Kasdin and
Members of the City Commission
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
At your meeting on Wednesday, March 4, representatives from the Local Initiative Support Corporation
would like to extend commendation to the Miami Beach Community Development Corporation, the City of
Miami Beach, and other public and private funders of the Home Buyers Assistance Program.
We wish to celebrate with you the achievement that one hundred and fifty families have been assisted in
becoming first time home buyers. The Home Buyer Assistance Program provides training, counseling and
financing to assist qualified home buyers in the purchase of property to be used as their principal
residence. The program is administered by Miami Beach CDC and is funded by the City of Miami Beach
and Miami-Dade County with federal and state resources.
This innovative program operates on a scattered site basis to assist low and moderate income persons to
obtain market rate first mortgages with approximately a dozen different commercial banks and grant and
loan assistance from the Miami-Dade County Documentary Surtax Program, U.S. Department of HUD
HOME Program and State of Florida SHIP Program.
Other housing initiatives of the Miami Beach CDC include the development of Shelbourne House providing
housing for people with AIDS, the development of The Madison providing housing for low-income families,
and the development of the Jefferson providing housing for the elderly.
The Local Initiatives Support Corporation is a unique hybrid institution - a cross between an operating
foundation and an investment bank - that provides both charitable dollars and market capital to community
development corporations across the country to support their efforts to revitalize distressed communities.
Each organization develops its own program aimed at effectively addressing the unique issues of its own
community.
The Miami Beach Community Development Corporation has had an extraordinary record of achievement in
support of the urban environment of the Art Deco District, economic development on Ocean Drive, Lincoln
Road and throughout South Beach and in strengthening of the social fabric of the Miami Beach community.
150 s. E. Second Avenue, Suite 911, Miami, FL 33131
Tel: (305) 381-7967. Fax: (305) 372-1890
We are happy to assist you in acknowledging the accomplishments of an important local institution.
Barbara Burnham
Senior Program Director
APC/pc
cc: Sergio Rodriguez, City Manager
Harry Mavrogenes, Assistant City Manager
Denis Russ, President
Miami Beach Community Development Corporation