97-22547 RESO
RESOLUTION NUMBER 97-22547
A RESOLUTION OF THE MA VOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
THE: MA VOR AND CITY CLERK TO EXECUTE THE
ATTACHED MULTI-FAMILY HOUSING REHABILITATION
PROGRAM MATCHING GRANT AGREEMENT WITH
MARINA DEL REY APARTMENTS LIMITED PARTNERSHIP,
TO PROVIDE ASSISTANCE IN THE AMOUNT OF $200,000
IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS UNDER THE MULTI-FAMILY HOUSING
REHlABILlT A TION PROGRAM, FOR THE REHABILITATION
OF THE PROPERTY LOCATED AT 1 006 BAY DRIVE, MIAMI
BEA.CH.
WHEREAS, the City has established a program to encourage the rehabilitation of
existing substandard multi-family buildings using funds from the U.S. Department of
Housing and Urban Development (HUD); and
WHEREAS, on July 16, 1997, the Mayor and City Commission approved and
adopted revised Guidelines for the Multi-family Housing Rehabilitation Program; and
WHEREAS, the Multi-Family Housing Rehabilitation Program is administered by the
City's Housing Section of the Economic and Community Development Division of the
Department of Development, Design and Historic Preservation; and
WHEREAS, the City has received an application under the revised Guidelines for
funding the rehabilitation of an existing building located at 1006 Bay Drive, which contains
thirty (30) apartmE!nt units, consisting of: two (2) efficiencies, fourteen (14) one-bedroom
units and fourteen (14) two-bedroom units; and
WHEREAS, Marina Del Rey Apartments Limited Partnership (Owner) has agreed
to offer a minimum of sixteen (16) of the thirty (30) residential units at reduced rental rates
for a minimum of five (5) years as available rental housing; and
WHEREAS, the City's Loan Review Committee, at its September 19, 1997 meeting,
reviewed the application for assistance and recommended funding for the proposed
rehabilitation projl3ct in the amount of $200,000 for approval by the Mayor and City
Commission; and
WHEREAS, the Administration now requests that the attached Matching Grant
Agreement be approved by the Mayor and City Commission and executed by the Mayor
and City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk
are authorized to execute the attached Multi-family Housing Rehabilitation Program
Matching Grant Agreement with Marina Del Rey Apartments Limited Partnership, to
provide assistance in the amount of $200,000 in Community Development Block Grant
(CDBG) funds under the Multi-family Housing Rehabilitation Program for the rehabilitation
of the property located at 1006 Bay Drive, Miami Beach.
PASSED AND ADOPTED THIS 8th
,1997.
ATTEST:
~J- f tU~
ROBERT PARCHER, CITY CLERK
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
F:\DDHPI$ALLICARLIRESOI1 006BA V.RES
1Ii~:~
CITY OF MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 __'
http:\\cLmiami-beach.f1.us
COMMISSION MEMORANDUM NO. t.. ~ I-C} J
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: October 8,1997
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
A RESOLUTION F THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEA H, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE ATTACHED MULTI-FAMILY HOUSING
REHABILITATION PROGRAM MATCHING GRANT AGREEMENT WITH
MARINA DEL REY APARTMENTS LIMITED PARTNERSHIP, TO
PROVIDE ASSISTANCE IN THE AMOUNT OF $200,000 IN COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS UNDER THE MUL TI-
FAMILY HOUSING REHABILITATION PROGRAM, FOR THE
REHABILITATION OF THE PROPERTY LOCATED AT 1006 BAY DRIVE,
MIAMI BEACH.
ADMINISTRATION RECOMMENDATION:
Approve the Resolution.
BACKGROUND:
The City administers the Multi-family Housing Rehabilitation Program through the Housing
Section of the Economic and Community Development Division. Since 1981, the City has
offered financial assistance through this program, resulting in the successful renovation of
over 1,200 units of rental housing. The Multi-family Housing Rehabilitation Program
operates with federal funds from the U.S. Department of Housing and Urban Development
(HUD) through the CDBG Program and the HOME Investment Partnerships Program.
On July 16, 1997, the Mayor and City Commission adopted revised Guidelines governing
the Multi-family Housing Rehabilitation Program. . The revised Guidelines require that
buildings rehabilitated thereunder be maintained in rental use for at least five (5) years.
The proposed Matching Grant Agreement (Agreement) with the property owner includes
stipulations requiring repayment to the City of the full amount of the Grant in case the
Owner fails to perform the requirements of the Agreement.
On September 19, 1997 the City's Loan Review Committee (LRC) met and reviewed the
application for funding for this property and voted to recommend approval by the Mayor
and City Commission.
DATE
Q1E
{ 0 - 8- <11_
AGENDA ITEM
COMMrSSION MEMORANDUM
OCTOBER 8, 1997
PAGE 2
1006 Bay Drive - Funding Recommended: $200,000
The Marina Del Rey Apartments at 1006 Bay Drive, on Normandy Island, is a three- (3)
story elevator building consisting of two (2) efficiencies, fourteen (14) one-bedroom units,
and fourteen (14) two-bedroom units, for a total of thirty (30) apartment units. The
architecture of the original structure is Post World War II Modern and is not considered
architecturally significant. The building is located on the waterfront overlooking Biscayne
Bay.
The site consists of lots 4 and 5 and the westerly 15 feet of lot 6 of Block 1, of Oceanside
Section of the Isle of Normandy, as recorded in Plat Book 25 at Page 60, of the Public
Records of Dade County, Florida, containing 19,550 square feet, more or less (115' x 170').
The building is a concrete block structure, with 7,500 square feet on each of the three
floors, for a total of approximately 22,500 square feet of enclosed space.
The Owner acquired the 1006 Bay Drive property in March 1997. The Owner now
proposes to rehabilitate the building maintaining the current layout which provides an
average of 750 gross square feet per unit. The units exceed the minimum average area
required by the Multi-family Rehabilitation Program Guidelines of 550 square feet.
The Owner's Architect, Charles H. Benson and Associates, estimates the cost of
rehabilitation to be $510,000, including labor, material, contingency, architectural and
related fees. The scope of work includes the following:
· Install new: hot and cold water lines, circuit breakers, switches, outlets, and
fixtures, windows and sliding glass doors and storm panels, doors,
ceramic tile, kitchen cabinets, appliances, flush mounted wall AlC
units, bath vanities, toilets and kitchen sinks
· Repair as required: stucco and drywall, stair and balcony railings, elevator,
swimming pool, roof and dock
. Re-paint Interior and Exterior.
According to the Dade County Tax Assessor, the value of the land and building before
rehabilitation is approximately $1,770,830. The Architect's construction cost estimate of
$510,000 is 29% of the estimated value of the land and building before the rehabilitation.
For a minimum of five (5) years, the rents for 16 of the 30 apartments in the property (53%)
will be maintained at a level for which tenants earning 80% or less of the Area Median
Income can qualify. The rents are to be established in accordance with the Fair Market
Rent schedule issued by HUD for apartments. Currently, the approved rents under this
COMMISSION MEMORANDUM
OCTOBER 8, 1997
PAGE 3
schedule are: efficiency units - $441 per month, one-bedroom units - $553'per month, and
$692 per month for two-bedroom units. These rents exclude any utility allowance. The
remaining 14 apartments may be leased at market rents without restriction. The Owner
estimates that these units will rent for rates of $500, $600, and $800 per month
respectively.
Under the Guidelines, the maximum grant that this property could qualify for would be
$255,000 (based on: 2 units x $5,000 per unit for efficiencies, 14 units x $7,500 for a one-
bedrooms, and 14 units x $10,000 for two-bedroom apartments). The actual amount of
any grant recommended for award is subject to the discretion of the Loan Review
Committee, and. the amount of funding available for the Program. The LRC has
recommended a Matching Grant of $200,000 toward the construction costs for this
property.
A review of City records for the property indicates that there are no unpaid water or
sanitation bills, and taxes are paid through the current year. In accordance with the
Program Guidelines, the rehabilitation proposes to bring the property into compliance with
Property Maintenance standards. An order from the Special Master to remove a non-
conforming banner has been complied with. The adjacent buildings, also owned by Marina
Del Rey Apartments Limited Partnership, are currently being rehabilitated independently
of this project. These properties are also being brought into compliance with Property
Maintenance Standards.
The subject building has five existing tenants. The Owner proposes to temporarily relocate
these tenants to existing vacant apartments in one of their adjacent buildings, and to move
the tenants back to the subject building upon completion of rehabilitation.
The Owner
The Owner is Marina Del Rey Apartments Limited Partnership, a Florida limited
partnership, whose General Partner is Finebilt III, Inc., a Florida Corporation. Marina Del
Rey Apartments Limited Partnership was founded in 1997. The officers of Finebilt III, Inc.,
include: Richard Finvarb, President, and Robert I. Finvarb, Vice President. This
partnership owns five (5) other apartment buildings on lots adjoining the subject property,
containing 78 additional units, for a total of 108 units under their ownership and
management on Bay Drive. All of these properties were acquired in March of the current
year.
Richard Finvarb, is a Real Estate Developer and General Contractor. Robert Finvarb is
an attorney with the firm of Stearns, Weaver, Miller, Alhadeff and Sitterson, P.A. in Miami.
The same principals, through corporate entities, own: a thirty (30) unit rental project at
3200 Mary Street in the Coconut Grove area of Miami, an office building at 1065 Kane
COMMISSION MEMORANDUM
OCTOBER 8, 1997
PAGE 4
Concourse in Bay Harbour, nine (9) single family rental homes, a four (4) unit rental
building, and two retail stores in Surfside. They own Finvarb Realty, a real estate
brokerage firm at 9425 Harding Avenue in Surfside, and Finebilt, Inc. a general contracting
firm. Richard Finvarb, with his wife, report a personal net worth in the mid-seven figure
range.
As a real estate developer, Richard Finvarb has developed the following projects:
Arandel Estates - 60 units - single family homes in the Kendall area
Indian Creek Tower - 20 unit condominium building in Miami Beach
Indian Creek Club and Marina - 104 unit condominium complex in Miami Beach
Casa Real Apartments - 76 unit rental apartment complex in Hialeah
Peppertree Village - 11 unit townhouse condominium in Coconut Grove
Approximately 15 custom homes at various locations in south Florida
Finvarb companies have rehabilitated the following properties:
Five adjacent single family homes at 3046-3052 Bird Avenue in Coconut Grove
Thirty unit apartment building at 3200 Mary Street in Coconut Grove
Office building at 1065 Kane Concourse in Bay Harbour
Retail stores at 9425 and 9427 Harding Avenue in Surfside.
CONCLUSION:
The Administration recommends approval of the attached Resolution of the Mayor and
City Commission of the City of Miami Beach, authorizing the Mayor and City Clerk to
execute the attached Multi-family Housing Rehabilitation Program Matching Grant
Agreement with Marina Del Rey Apartments Limited Partnership, to provide assistance in
the amount of $200,000 in Community Development Block Grant (CDBG) funds, under the
Multi-family Housing Rehabilitation Program, for the rehabilitation of the property located
at 1006 Bay Drive, Miami Beach.
JGP/H~DC/CAH
F:IDDHPI$ALL ICARL IRESOI 1 006BA Y.MEM
MULTI-FAMILY HOUSING REHABILITATION PROGRAM
MATCHING GRANT AGREEMENT
THIS AGREEMENT entered into this 10th day of Nov., 1997, by and between:
MARINA DEL REV APARTMENTS LIMITED PARTNERSHIP, whose address is 9425 Harding Avenue,
Surfside, Florida, 33154, hereinafter referred to as "Owner" who is the legal owner of the property at 1006 Bay
Drive, Miami Beach, Florida, more particularly described as:
v
Lots 4 and 5 and the westerly 15 feet of lot 6 of Block 1, of Oceanside Section of the Isle of
Normandy, as recorded in Plat Book 25 at Page 60, of the Public Records of Dade County,
Florida, hereinafter referred to as "Project",
and the City of Miami Beach, a Florida municipal corporation, having its principal office at 1700 Convention
Center Drive, Miami Beach, Florida, hereinafter called "City":
WITNESSETH:
WHEREAS, the City has established a Multi-Family Housing Rehabilitation Program, hereinafter
referred to as "Program", designed to provide financial assistance to property Owners of deteriorated and
substandard multi-family residential structures within the City of Miami Beach, Florida, for the purpose of
rehabilitating said structures; and
WHEREAS, the policies of said Program are set forth in the City of Miami Beach Multi-Family Housing
Rehabilitation Programs Guidelines (Guidelines), amended by the City Commission on July 16, 1997, which
are deemed incorporated by reference and made a part of this Agreement; and
WHEREAS, Owner as the legal Owner of the Project described above, has agreed to rehabilitate said
Project in accordance with the Guidelines of the Program; and
WHEREAS, the City's Loan Review Committee on September 19, 1997 recommended approval of
assistance to the Project under the Program, and the provision of assistance has been approved by the Mayor
and City Commission, subject to certain conditions set forth therein, including the requirement that the Owner
and the City enter into this Agreement; and
WHEREAS, it is acknowledged and agreed between the City and the Owner that funds provided
hereunder derive from federal Community Development Block Grant funds appropriated to the City by the U.S.
Department of Housing and Urban Development, for the uses and purposes herein referred to, and
accordingly it is acknowledged and agreed that this Agreement is entered into after compliance by the parties
with all applicable provisions of Federal, State and local laws, statutes, rules and regulations as they may
apply to this Agreement, which certain of said regulations are incorporated herein as more fully set forth in
Attachment "A".
NOW, THEREFORE, in consideration of the mutual promises contained herein and in consideration
of the matching grant monies which are to be paid by City to the Owner, which consideration is hereby
acknowledged by the parties, the parties do agree as follows:
1
(1) Any amendments, alterations, or variations to this Agreement will only be valid when they
have been reduced to writing and duly signed by the parties.
(2) It is understood and agreed by and between the parties that the Guidelines, as they may be
amended from time to time, represent the scope of services and responsibilities of the parties
under the Program and the parties agree to abide by and comply with their roles and
responsibilities under the Guidelines as set forth therein.
(3) City shall have the sole responsibility and obligation of interpreting the intent and purpose of
the Program and contract documents.
(4) Rehabilitation of the Project shall be done in accordance with the applicable codes,
ordinances and statutes of the State of Florida, Metropolitan Dade County, and of the City.
(5) The Matching Grant amount to be provided under this Agreement is Two Hundred Thousand
Dollars ($200,000.). This amount is to be used only to cover the cost of rehabilitating the
building, as a match for funds paid by the Owner on at least a dollar-for-dollar basis. The
work is to be done in accordance with the application filed by the Owner with the City,
reviewed and recommended by the City's Loan Review Committee on September 19,1997,
and subsequently approved by the Mayor and City Commission.
(6)
It is understood and agreed by and between the parties that none of the obligations of the
City assumed or created hereunder shall be general obligations of the City and none of the
same shall be enforceable against the City generally. Any and all obligations, liabilities and
commitments of the City hereunder, shall be limited to the payment of a matching grant
amount of Two Hundred Thousand Dollars ($200,000) as specified herein. No other fiscal,
legal, equitable or contractual duty or obligation is assumed by the City, and the Owner by
executing this Agreement so agrees.
v
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
$200,000. Owner hereby expresses its willingness to enter into this Agreement with Owner's
recovery from the City for any damage action for breach of contract to be limited to a
maximum amount of $200,000, less the amount of all funds actually paid by the City to
Owners pursuant to this agreement.
Accordingly, Owner hereby agrees that the City shall not be liable to Owner for damages in
an amount in excess of $200,000 which amount shall be reduced by the amount of the
funding actually paid by the City to Owner pursuant to this agreement, for any action or claim
for breach of contract arising out of the performance or non-performance of any obligations
imposed upon the City by this agreement. Nothing contained in this subparagraph or
elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed on
the City's liability as set forth in Florida Statutes, Section 768.28.
(7) The matching grant amount shall be paid to the Owner and shall be disbursed during the
rehabilitation of the property. After this matching grant payment is made by the City to the
Owner and applied by the Owner according to the procedures set forth herein, the City shall
be automatically discharged from any and all obligations, liabilities and commitments
hereunder to Owner or any third person or entity provided, however, that this Section shall
not excuse the continued compliance by Owner with the terms of this Agreement and the
federal program requirements. Owner, for consideration of One Dollar ($1.00) and other
2
good, valuable, separate and distinct consideration, receipt of which is hereby acknowledged,
hereby saves and holds harmless, indemnifies and protects the City, its officers and
employees from any and all obligations, liabilities, commitments, actions, claims, causes of
action, suits or demands arising or accruing by virtue of this Agreement or the Project
contemplated hereunder.
(8) The following procedures must be followed, prior to the commencement of work on this
project:
a) Owner must submit a written request to the City's Housing Section of the Economic and
Community Development Division ("ECDD") for a Pre-Construction Conference, which must
be attended by all contractors and subcontractors. This request must include the names and
addresses of the proposed contractors and sub-contractors, including the names of the
principal owners of corporate entities, and an indication whether each of the contractor's
portion of the total project value will exceed $10,000. This process requires at least ten (10)
days advance notification.
b) Each contractor and/or subcontractor must be found to be eligible to work on a federally
funded project. The names submitted will be checked against the "Consolidated List of
Debarred, Suspended & Ineligible Contractors and Grantees" monthly listing published by
the Federal Government.
c) If the Building is more than 50 years old, Owner's Architect or Engineer must obtain and
submit to the City a letter indicating that the plans for the project have been reviewed by the
State Historic Preservation Officer (SHPO) and that the proposed rehabilitation is acceptable
to that office.
d) A set of final approved plans and specifications for the project approved by the City's
Building Department must be submitted to the Housing Section of the ECDD.
e) Building permits must be obtained as required by applicable City Ordinance. Also, any
other necessary permits and applicable approvals from any other governmental authorities
must be obtained, if required.
f) A copy of the contract between the Owner and a licensed General Contractor, must be
submitted to the City which includes commencement and completion dates, contract amount,
scope of work, Federal Labor Standards Provisions (HUD Form 4010), and applicable federal
regulations and standards.
g) The contractor selected must submit evidence prior to the commencement of work,
satisfactory to the City's Insurance Manager, of the following insurance coverage: 1) Liability
insurance against claims arising out of accident or occurrence on the property, in a minimum
amount of $1 ,000,000. The City of Miami Beach must be named as additional insured in the
policy. and 2) Proof of worker's compensation coverage; and such other forms of insurance
as the City's Risk Manager may reasonably require.
h) A revised cost breakdown, to include direct and indirect costs of the proposed work,
based on the actual contract price.
i) The Owner must provide a Lien Statement from the City's Finance Department
demonstrating that it is current with the legal and financial obligations and/or payments on
the property, with the City.
3
When the above requirements have been met, the Housing Section of the ECDD and the
Building Services Division will jointly issue a "Notice to Proceed" on the project. If the Owner
or contractor does not fully comply, or if any work commences prior to the issuance of the
Notice to Proceed, then such work may, at the discretion of the City, not be reimbursed under
the Program, and could constitute a default under this Agreement.
Exception: Subject to the prior approval of the Housing Section of the ECDD and the Building
Services Division, emergency repairs can be undertaken on the Project.
(9) In consideration for the performance of Owner of its role and responsibilities set forth in this
Agreement, the City agrees to pay to Owners, the sum of Two Hundred Thousand Dollars
($200,000), as the total of the matching grant described herein. Said total shall be disbursed
by the City to the Owner during construction as follows: During the construction phase, and
not more often than once a month, a payment may be requested equivalent to ninety percent
(90%) of the pro-rata portion of the value of the work completed in the previous period, as
certified by the Owner's Architect or Engineer, and confirmed by the Housing Section of the
City's Economic and Community Development Division. The City's payments hereunder will
be computed based on the ratio of the matching grant amount to the total estimated
construction cost. In the event the actual cost is less than the estimate, the amount of the
City's Matching Grant will be reduced proportionately, so that the City's portion of the total
cost is never higher than 50% of the total cost. The final ten percent (10%) of the matching
grant payment shall be paid following the completion, approval and acceptance of the
rehabilitation work and related documentation by all the governmental agencies and
authorities having jurisdiction over the Project, including compliance with the requirements
of the Davis Bacon Act, if applicable, and as set forth in the Guidelines.
(10) Owner agrees to comply with the following requirements during and after construction begins:
a) The Owner must announce and publicize the source of the public funds provided for the
project. A construction sign must be displayed on the site during the construction phase, with
the design and location to be approved by the City. The sign, to be provided and paid for by
the Owner, must be maintained for the duration of the construction work. The City will
provide detailed information on the dimensions and appearance of the sign.
b) The Owner's General Contractor shall be responsible for compliance with all pollution and
asbestos control standards of the concerned governmental agencies, It shall be the
Contractor's responsibility to obtain required inspections from these agencies.
c) Federal regulations require that all tenants in housing rehabilitated with federal funds, be
provided with information on the following: that the property may contain lead-based paint;
of the hazards, symptoms and treatment for ingestion of lead-based paint; of the precautions
to be taken; of the availability of blood level screening for children under seven years of age;
and that in the event lead-based paint is found in the property, appropriate abatement
procedures must be undertaken by owners. Copies of a brochure will be provided to Owner
by the City. This information must be provided by the Owner to each tenant, and the Owner
must retain evidence of having provided this notification to the tenant in a file for the life of
this Agreement.
d) After the property has been rehabilitated, it must conform to the applicable codes,
ordinances and statutes of the City and of Dade County, including, but not limited to, the
South Florida Building Code, the Zoning Ordinance, and the Property Maintenance
4
Standards.
(11) It is understood and agreed by Owner that for at least five (5) years beginning on the date
of issuance of a final Certificate of Completion, a minimum of sixteen (16) apartment units
(53%) will be occupied by low and moderate income households at affordable rents. Low
and moderate income households means the combined income of all members of the
household does not exceed 80% of the Area Median Income, as published by HUD. All
tenants must be offered a written lease. A "Household Income Certification Report" will have
to be completed for every rental unit claimed as meeting the above requirements. This report
must be submitted to the Housing Section of the ECDD within ten (10) days after the
commencement of each lease, and an updated form must be submitted at least annually
thereafter.
The following income limits apply as of this date, but may be revised annually:
1 person $25,000
2 persons $28,550
3 persons $32,100
4 persons $35,700
Monthly rents for units occupied by low and moderate income households are considered
affordable if they do not exceed the "40th Percentile Fair Market Rents for Existing Housing",
published by HUD, as of this date, but subject to revision annually: the rent for a one
bedroom apartment is $575, including a utility allowance of $38 per month, for a net of $537
per month excluding utilities; the rent for a two-bedroom apartment is $718 per month, which
includes a $45 per month utility allowance, for a net of $673 per month.
(12) It is understood by Owner that if the property is converted to condominiums, sold, or
withdrawn from rental use within five (5) years after the Final Certificate of Completion is
issued, the full amount of the matching grant payment will become due and payable to the
City.
(13) Owner shall deliver to the Housing Section of the ECDD, by November 30th of each calendar
year, its signed notarized report in form and substance acceptable to the City, which includes
the names of tenants, unit type, family income, rents charged, and occupancy factor of each
unit for the prior year. This report will continue to be required through the November 30th
following the expiration of the five (5) year period after the date of issuance of a Final
Certificate of Completion.
(14) It shall be deemed a default of this Agreement if Owner does not strictly comply with the
terms, conditions, duties and procedures established herein for obtaining City consent to
assignment or transfer as defined by this Section. In the event such consent is not obtained
in the manner prescribed herein, the City shall be entitled to declare a default, cancel this
Agreement and resort to its rights and remedies against the defaulting party. Owner shall not
assign any interest in this Agreement and will not transfer any interest in the same without
the prior written consent of the City, upon approval by the Loan Review Committee. In the
event Owner is a corporation, limited partnership or other incorporated or artificial business
entity, a transfer of more than ten percent (10%) Ownership interest of its stock by pledge,
sale or otherwise (except a transfer of partnership interests in connection with the syndication
of limited partner interests in the Ownership, which shall not require any consent hereunder);
or if Owners makes an assignment for the benefit of its' creditors or uses this Agreement as
security or collateral for any loan besides the any loan involved herein; or if Owner is
voluntarily or involuntarily a party to any bankruptcy or insolvency proceeding; or if Owner
5
has a receiver appointed over any of its properties; or if Owner does not satisfy in full or
appeal any judgment for the sum of $5,000 (or more) within thirty (30) days from its' rendition;
or if Owner is involved in a bulk transfer of its business, then, in that event, each of the
foregoing actions will be deemed an assignment of this Agreement and require the prior
written consent of the City, upon approval by the Loan Review Committee.
In the event Owner is a trust, which includes, without limitation, a land trust and a trust
company, any change in the person or entity who is the trustee or any change in the heirs
or beneficiaries of such trust shall be deemed an assignment under this Section and require
the prior written consent of the City, upon approval by the Loan Review Committee.
Regardless of the type of entity Owner is defined to be, a merger, insolvency, bankruptcy,
dissolution, consolidation, conversion, liquidation, or appointment of a receiver for such
Owner shall each be deemed an assignment of this Agreement and will require the prior
written consent of the City upon approval by the Loan Review Committee.
(15) Upon a default of a written indebtedness, including without limitation: a note, mortgage,
guarantee, and this Agreement, Owner waives notice, presentment and/or demand of default.
(16) For purposes of this Agreement and the documents referenced or incorporated within it, a
default shall include without limitation, the following acts or events of Owner, or its agents,
servants, employees, or contractors:
(a) Owner's failure to (i) commence work within thirty (30) days from the date of issuance of
the Notice to Proceed, or (ii) diligently pursue construction and timely complete the project
by securing a Final Certificate of Completion within twelve (12) months from the date of this
Agreement, or (iii) provide the documentation required to make the final payment of the
matching grant, as indicated in the Guidelines, within thirty (30) days from the date of
issuance of a Final Certificate of Completion.
Work shall be considered to have commenced and be in active progress when, in the opinion
of the City, a full complement of workmen and equipment is present at the site to diligently
incorporate materials and equipment into the structure throughout the day on each full
working day, weather permitting.
(b) Owner's failure to comply with applicable building, fire, life safety, housing and zoning
laws, rules, regulations and codes.
(c) Owner's default on any of the terms and conditions of the note, mortgage, or other loan
document executed by Owner in favor of a Lender.
(d) Owner's insolvency or bankruptcy.
(e) Owner's failure to maintain the insurance required by the City and/or Lender.
(f) Owner's failure to correct defects within a reasonable time as defined herein.
(g) Owner's breach of this Agreement or of the terms and conditions of the Guidelines or
applicable laws, rules and regulations pertaining hereto which are referenced by this
Agreement.
(h) Claims of lien not satisfied or bonded-off, in accordance with Florida Statutes, within 60
days from the date of filing of any such lien.
6
(i) An assignment or transfer of this Agreement or any interest therein by Owner which does
not comply with the procedures set forth herein.
(17) In the event of a default, the City may, thirty (30) days after mailing to Owner a notice of such
default as set forth herein, automatically cancel and terminate this Agreement without liability
to any party to this Agreement. If the default is not fully and satisfactorily cured within thirty
(30) days of the City mailing notice of such default to Owner, to the full satisfaction of the
City, at the expiration of said thirty (30) day period, this Agreement may, at the City's sole
option and discretion, be deemed automatically canceled and terminated and the City fully
discharged from any and all liabilities, duties and terms arising out of or accruing by virtue
of this Agreement and the Project, all funds paid to the Owner hereunder shall be
immediately due and payable to the City.
(18) In the event of a default, the City shall additionally be entitled to bring any and all legal and/or
equitable actions which it deems to be in its best interest in Dade County, Florida, in order
to enforce the City's rights and remedies against the defaulting party. The City shall be
entitled to recover all costs of such actions including a reasonable attorney's fee, to the
extent allowed by law. The Owner waives its right to jury trial and its right to bring permissive
counterclaims against the City in any such action to the extent allowed by law.
(19) Notices and demands: All notices, demands, correspondence and communications between
the City and the Owner shall be deemed sufficiently given under the terms of this Agreement
if dispatched by registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
If to the City:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Manager
with copies to:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: (1) City Attorney's Office
and: (2) Housing Coordinator, ECDD
If to the Owner:
Marina Del Rey, Limited Partnership
c/o Finebuilt III, Inc., General Partner
9425 Harding Avenue
Surfside, FL 33154
or to such address and to the attention of such other person as the City or the Owner may
from time to time designate by written notice to the others.
(20) It is understood and agreed that the City shall record this Agreement, with the Clerk of the
County Court, Dade County, Florida and shall furnish the Owner with conformed copies of
these recorded instruments within sixty (60) days of the execution of this Agreement.
(21) The Owner agrees that upon completion of the rehabilitation hereunder, it will undertake an
affirmative marketing program in accordance with 24 CFR Part 570.601-2. At a minimum,
the Owner must implement an affirmative marketing program that provides information to,
and attracts eligible persons in the housing market area to the available housing receiving
7
assistance from CDBG funds, without regard to race, color, national origin, religion, sex,
sexual orientation, handicap, marital status, familial status, or age. The affirmative marketing
requirements and procedures adopted by the Owner shall include, but not necessarily be
limited to, the following:
(a) Methods for informing the public and potential tenants about Federal Fair Housing Laws
and the applicable affirmative marketing policy;
(b) Requirements and practices for carrying out the City's affirmative marketing plan;
(c) Procedures to be used to inform and solicit applications from persons in the housing
market area who are not likely to apply for the housing without special outreach (e.g., use of
community organizations including, but not limited to: churches, employment centers,
community centers, fair housing groups, housing counseling agencies, community
development corporations, and the Housing Authority of the City of Miami Beach)
(d) Records to be kept describing actions taken to affirmatively market units and records to
assess the results of these actions, including Newspaper clippings of all vacant units
advertised, copies of brochures, pamphlets, and articles used in advertising units, lists of
community organizations used in disseminating information, records of referrals, and the
results of referrals, and any other special outreach activities conducted.
(e) A description of how the City can assess the success of affirmative marketing actions;
and
(f) A certification that states that the Owner agrees to adhere to whatever corrective actions
the City requires to be taken where affirmative marketing requirements are not met.
IN WITNESS WHEREOF, the Owner, and the City have caused this Agreement to be executed by their
respective duly authorized officers, the day and year first above written.
THE PARTIES HERETO STATE THAT THEY HAVE CAREFULLY READ THE FOREGOING AGREEMENT
AND THE CITY OF MIAMI BEACH MULTI-FAMILY REHABILITATION PROGRAM GUIDELINES, AND
KNOW THE CONTENTS THEREOF AND FULLY REALIZE THEIR MEANING AND SIGN THIS
AGREEMENT AS THEIR OWN FREE ACT.
WITNESS:
Owner: Marina Del Rey Apartments Limited Partnership,
rida Limited Partnership
.~~
~~~
Fi ebuilt III, Inc., a Florida Corporation,
Ie General Partner, Richard Finvarb, Pres.
~~ faA~
ROBERT PARCHER, CITY CLERK
Seymour G;.wR~b AS TO
FORM & lANGUAGE
& FOR EXECUTION
8
1R/lj{)jj~ /Jif2~.'
C,. omey ~
STATE OF FLORIDA
SS:
COUNTY OF DADE
The foregoing instrument was acknowledged before me, this tf day of ~ 997, by Richard
Finvarb, President, and authorized signatory for Finebuilt III, Inc., a Florida Corporation, sole General Partner
of Marina Del Rey Apartments Limited Partnership, a Florida Limited Partnership, who provided
as identification and did/did not take an oath.
~~.
Name: I
NOTAR PUBLIC, State of Flonda
Commission NO
My Commission Expires:
EOFFICIAL Naf ARY SEAL
MARY BERNSTEIN
NafARY PUBLIC 51 ATE OF FLORIDA
COMMISSION NO. CC559828
MY COMMISSION EXP. UNE 20,2000
OFFICIAL NOTARY SEAL
MARY BERNSTEIN
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC559828
MY COMMISSION EXP. JUNE 20,2000
STATE OF FLORIDA
SS:
COUNTY OF DADE
fI)
The foregoing instrument was acknowledged before me, this ~ day of !JO{fld,(.;1997, by Seymour
Gelber, as Mayor of the City of Miami Beach. Who is personally known to me, and did not take an oath.
~ .e I< flU fJe~{t~1L#---7'-1--:> .
Name: .
NOTARY PUBLIC, State of Florida
Commission NO ('C 31.( ') ~2?-
My Commission Ex~ ires:
On:iCU.L i',JOTARV:;EAL
L!LL1/\N P-E/\U(-:f {j~!\1P
N(XfARY i~l~~~:..J( :ii/\.'i"E (:F FLtJR!DJ...
C(.)~.i~rv\ j~'~SJU:"'~ J\J{). C( J47S~~2
M~_g..tvlI93f(j>J E;..\P. H:JL.l~:191~~
9
ATTACHMENT "A"
OTHER FEDERAL REQUIREMENTS
As the City of Miami Beach is providing this funding through federal funds, all parties agree to comply with the
following statutes, regulations and executive orders, as they apply. These requirements are incorporated
herein by reference.
1. Freedom of Information and Privacy Acts
- Freedom of Information Act (5 U.S.C. 552), and the Privacy Act of 1974 (5 U.S.C. 552a).
2. Equal Opportunity
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and 24 CFR Part 1;
- Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601), as amended;
- Executive Order 11063, as amended by Executive Order 12259;
- Executive Orders 11246,11265,12138 and 12432;
- Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 170), as amended;
- Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended;
- The Age Discrimination Act of 1975 (42 U.S.C. 6101);
- The Fair Housing Amendments Act of 1988.
3. Environmental Review
- The Natio 1al Environmental Policy Act (42 U.S.C. 4321, et seq);
- The Council on Environmental Quality Regulations (40 CFR Parts 1500-1508);
- Environmlmtal 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 BasEld Paint Poisoning Prevention Act (42 U.S.C. 4801, et seq) as amended through H.C.D.
Act of 1992;
- HUD Lead Based Paint Regulations (24 CFR Part 35).
5. Asbestos
- Asbestos Regulations (40 CFR 61, Subpart M);
- U.S. Department of Labor Occupational Health and Safety (OSHA) Asbestos Regulations
(29 CFR 191.1101).
6. Handicapped Accessibility
- Architectural Barriers Act of 1968 (42 U.S.C. 4151 and 24 CFR Part 41).
7. Labor Standards
- The Davis-Bacon Act (40 U.S.C. 276a) as amended;
- The Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333);
- Federal Labor Standards Provisions (29 CFR Part 5.5).
8. Community Development Block Grant Regulations (24 CFR Part 570).
ADDITIONALLY, ALL PARTIES AGREE TO COMPLY WITH ALL EXISTING FEDERAL, STATE AND LOCAL
LAWS AND ORDINANCES HERETO APPLICABLE, AS AMENDED.
10