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98-22674 RESO RESOLUTION NO. 98-22674 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, 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 BY THE FLORIDA HOUSING FINANCE CORPORATION. WHEREAS, the State of 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 governments 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 and submit 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 for Fiscal Years 1995,1996 and 1997 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, the Administration desires to amend the Housing Assistance Plan to include the use of SHIP Program funds for rehabilitation, down payment assistance, closing cost assistance and home ownership training; and WHEREAS, amendments to the Housing Assistance Plan must be reviewed and approved by the Florida Housing Finance Corporation. NOW, THEREFORE, be it resolved by the Mayor and City Commission of the City of Miami Beach, Florida, that the attached 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, is hereby approved and adopted; and that the City is hereby authorized to submit the Amended Housing Assistance Plan for review and approval by the Florida Housing Finance Corporation. Passed and adopted this 4th day of March ,1998. J ~/~ . Attest: Mayor -r oivvt} P CiA ~ City Clerk f:lddhplsclshiplshipamnd. ros APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION ~""fI ~ ity ttomey 2/~~ 1> o e v CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\cLmiami-beach.f1.us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. {35-~g Mayor Neisen O. Kasdin and DATE: March 4,1998 Members of the City Commission Sergio ROdrigue~/ / ~ 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 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. 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-~-9li 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. ANALYSIS: 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 (SHI P) 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. ~tJtk . SR/~M/RM/W367SKc f:\ddhplsclshlpamnd. mem