98-22677 RESO
RESOLUTION NO. 98-22677
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE ATTACHED HOME
INVESTMENT PARTNERSHIPS (HOME) PROGRAM AGREEMENT
WITH MIAMI BEACH COMMUNITY DEVELOPMENT
CORPORATION IN THE AMOUNT OF TWO HUNDRED TWELVE
THOUSAND TWO HUNDRED DOLLARS ($212,200) FROM THE
CITY'S FISCAL YEAR 1997/98 ALLOCATION OF HOME PROGRAM
FUNDS TO CONTINUE PROVIDING SERVICES THROUGH THE
SCATTERED-SITE HOMEBUYER PROGRAM.
WHEREAS, on February 18, 1992, the City was designated by the U.S. Department of
Housing and Urban Development (HUD) as a Participating Jurisdiction to receive funding through
the HOME Program; and
WHEREAS, the primary purpose of the HOME Program is to expand the supply of housing
for income-eligible households and to encourage partnerships with the private sector and not-for-
profit housing providers; and
WHEREAS, the HOME Program requires that a minimum of fifteen percent (15%) of each
fiscal year's allocation of funds be reserved for investment in housing to be developed,. sponsored; .'
or owned by community housing development organizations; and
WHEREAS, on April 8, 1993, the Mayor and City Commission approved Resolution No.
93-20756, designating Miami Beach Community Development Corporation (MBCDC) as a community
housing development organization (CHDO); and
WHEREAS, on July 2, 1997, the Mayor and City Commission approved Resolution No.
97-22453, adopting the City's One-Year Action Plan for Federal grants which specified the fiscal year
1997/98 CHDO set-aside; and
WHEREAS, the adopted One-Year Action Plan provides for a 1997/98 CHDO set-aside for
MBCDC in the amount of $212,200 for a Homebuyer Program; and
WHEREAS, MBCDC has successfully operated a Homebuyer Program since 1990 and has
utilized City of Miami Beach HOME funding in combination with other public and private sources of
funds for the program since 1993; and
WHEREAS, the Administration recommends that the Mayor and City Commission authorize
the Mayor and City Clerk to execute the attached HOME Program Agreement in the amount of
$212,200 with Miami Beach Community Development Corporation to provide a Scattered-Site
Homebuyer Program.
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 the attached HOME Investment Partnerships Program Agreement with Miami Beach
Community Development Corporation in the amount of Two Hundred Twelve Thousand Two
Hundred Dollars ($212,200) from the City's fiscal year 1997/98 allocation of HOME Program funds
to continue providing services through the Scattered-Site Homebuyer Program.
PASSED AND ADOPTED THIS ~ DAY OF March
,1998.
ATTEST:
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MAYOR
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CITY CLERK
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APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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City 'A omey
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~ITY OF MIAMI BEACH
:ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO. J 3, l- 9 g
TO:
Mayor Neisen O. Kasdin and
Members of the City Com ission
Sergio Rodriguez ~
Citv Manager
A RESOL 10 OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE ATTACHED HOME INVESTMENT
PARTNERSHIPS (HOME) PROGRAM AGREEMENT WITH MIAMI BEACH
COMMUNITY DEVELOPMENT CORPORATION IN THE AMOUNT OF
TWO HUNDRED TWELVE THOUSAND TWO HUNDRED DOLLARS
($212,200) FROM THE CITY'S FISCAL YEAR 1997/98 ALLOCATION OF
HOME PROGRAM FUNDS TO CONTINUE PROVIDING SERVICES
THROUGH THE SCATTERED-SITE HOMEBUYER PROGRAM.
DATE: March .t, 1998
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION:
Approve the Resolution.
BACKGROUND:
The City has received an annual allocation of HOME Investment Partnerships (HOME)
Program funds from the U.S. Department of Housing and Urban Development since fiscal
year 1992/93. The HOME Program requires the City, in its capacity as a participating
jurisdiction, to set-aside a minimum of 15% of its annual allocation for a particular type of
not-for-profit organization called a Community Housing Development Organization
(CHDO). The CHDO is required to utilize these set-aside funds for housing development
activities in which the CHDO is either the owner, sponsor, or developer of the housing.
Certain criteria must be met in order for an organization to receive the CHDO designation,
including, but not limited to: the CHDO must be a non-profit corporation with a 501 (c) IRS
tax-exempt ruling, the CHDO must have been in service to the community where it will
undertake the housing development activity for at least one year, the CHDO must have a
stated commitment to the development of housing in the community it serves, and the
composition of the CHDO's Board of Directors must meet the regulatory requirements of
the HOME Program. Miami Beach Community Development Corporation (MBCDC),
formerly known as Miami Beach Development Corporation, was designated as the City's
AGENDA ITEM
DATE
R'lC
3-<..l-98
CHDO in 1993. The name of the organization was officially changed on August 12,1997.
The Scattered-Site Homebuyer Program was started by MBCDC in 1990, and
subsequently has provided home ownership opportunities for one hundred fifty families.
Thirty-five of these families have received assistance through the City's HOME Program.
To date, none of the recipients have defaulted on their loans.
ANAL YSIS:
The City's adopted One-Year Action Plan for Federal Funds for fiscal year 1997/98,
adopted by Resolution No. 97-22453 on July 2, 1997, includes a CHDO set-aside for
MBCDC in the amount of $212,200 for a Homebuyer Program.
MBCDC serves as a CHDO developer, as defined under the HOME Program, by entering
into a purchase agreement with the seller, rehabilitating the property to meet local property
standard requirements, and transferring title of the property and the HOME loan obligation
to an income-eligible homebuyer. MBCDC provides home ownership counseling services
including: assistance in identifying suitable affordable properties, assistance in financial
management, budgeting and resolving adverse credit history, preparation for property
acquisition and closing, and assistance in accessing private mortgage financing. The
attached HOME Agreement provides for a construction supervision fee computed in an
amount equal to 10% of the value of the rehabilitation and 0.5% of the appraised value of
the unit.
The Homebuyer Program will provide a minimum of ten qualified homebuyers with financial
assistance for the purchase of scattered-site dwelling units within the city limits to be used
as a principal residence. The actual number of families served in the program may
increase if MBCDC secures Miami-Dade County Documentary Surtax funds to augment
the City's HOME program allocation of set-aside funds. The HOME funds will be used as
second mortgages or may be used as third mortgages, in combination with Surtax funded
mortgages, to enable a wider range of residents to qualify for participation in the program.
The HOME funds will be provided as non-interest bearing deferred payment loans.
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 that the Mayor and City Commission adopt the attached
Resolution authorizing the Mayor and City Clerk to execute the attached HOME Investment
Partnerships (HOME) Program Agreement with Miami Beach Community Development
Corporation in the amount of Two Hundred Twelve Thousand Two Hundred dollars
($212,200) from the City's fiscal year 1997/98 allocation of HOME Program funds to
continue providing services through the Scattered-Site Homebuyer Program.
SRI~/~~e7Efs fhomeoMlhoMler98.mem
HOME PROGRAM PROJECT AGREEMENT
THIS AGREEMENT, entered into this 4thday of March,1998, 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 City), and the MIAMI BEACH COMMUNITY
DEVELOPMENT CORPORATION, a Florida Not-for-Profit Corporation, with offices located at 1205
Drexel Avenue, Miami Beach, Florida, (hereinafter referred to as MBCDC).
WITNESSETH:
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has issued
rules providing for the utilization of Federal funds in the provision of affordable housing for low
income persons under the HOME Investment Partnerships Program (the HOME Program); and
WHEREAS, the City has established a HOME Program under the HUD rules, which provides
financial assistance for the purpose of providing affordable housing within the City; and
WHEREAS, on April 18, 1993, the Mayor and City Commission approved Resolution No. 93-
20756, designating Miami Beach Development Corporation (MBCDC) as a qualified Community
Housing Development Organization (CHDO) under the HOME Program; and
WHEREAS, on August 12, 1997, as set forth in the Articles of Amendment to the Articles of
Incorporation of Miami Beach Development Corporation, Inc., MBCOC formally changed its name
to Miami Beach Community Development Corporation, I'nc., and
WHEREAS, the City has determined the necessity for providing affordable housing in the City
through its Consolidated Plan, which was adopted by Resolution No. 95-21670, on July 26, 1995 and
its One-Year Action Plan for Federal Funds for FY 1997/98 adopted by Resolution No. 97-22453 on
July 2, 1997; and
WHEREAS, Miami Beach Community Development Corporation (MBCOC) warrants and
represents that it possesses the legal authority to enter into this Agreement, by way of a resolution,
motion, or similar action that has been duly adopted or passed as an official act of the MBCOC
governing body, authorizing the execution of this Agreement, including all understandings and
assurances contained herein, and authorizing the person identified as the official representative of
MBCDC to act in connection with this Agreement and to provide such additional information as may
be required; and
WHEREAS, it is acknowledged and agreed that funds to be granted to MBCDC derive from
Federal funds appropriated to the City by HUD, for the uses and purposes herein referred to and,
accordingly, it is acknowledged and agreed that this Agreement is entered into in compliance by the
parties with all applicable provisions of Federal, State and local laws, statues, rules and regulations.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
hereto agree as follows:
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ARTICLE I
DEFINITIONS
As used in this Agreement the terms listed below shall have the following meanings:
(a) HOME: HOME Investment Partnerships Program, 24 CFR Part 92, as amended.
(b) HUD: United States Department of Housing and Urban Development or any successor
agency.
(c) Funds: HOME Program funds.
(d) Terms defined in the HOME Investment Partnerships Program Final Rule, 24 CFR Part 92,
September 16, 1996, and any amendments thereto: Any term defined in the HOME Investment
Partnerships Program Rule, not otherwise defined in this Agreement, shall have the meaning set
forth in said rule.
(e) CHDO: Community Housing Development Organization as defined in the HOME Program
Final Rule, 24 CFR Part 92, as amended.
(f) HOME Assisted Units: A term that refers to the number of units within a HOME project for
which rent, occupancy, and/or recapture or resale restrictions apply.
ARTICLE II
ALLOCATION OF HOME FUNDS
The City agrees to allocate fiscal year 1997/98 HOME funds to MBCDC in the amount of Two
Hundred Twelve Thousand Two Hundred Dollars ($212,200) (referred to herein as the "HOME
Funds" or the "Funds"). The Funds will be used by MBCDC for acquisition, with or without
rehabilitation of scattered site units located in the City of Miami Beach. Unit ownership shall be
transferred to a minimum of ten (10) eligible homebuyers as more fully described in the Scope of
Services (Exhibit A), and Budget (Exhibit B), attached hereto. MBCDC agrees that each homebuyer
receiving HOME funds will be required to execute a Restrictive Covenant, in the format provided by
. ..the City,Jhat will detail the recapture restrictions imposed upon the Funds. The Restrictive Covenant
. will berecorded in the Official Records of Dade County Florida, and forwarded to the City with other
r~quired ~Iosing documents. .
ARTICLE III
PROCEEDS FROM HOME INVESTMENT
In accordance with the HOME Final Rule as amended at ~92.300 (a) (2), MBCDC may retain
any proceeds which may result from the CHDO's investment of its CHDO set aside funds for use in
other housing activities which benefit low-income families. However, any recapture of HOME funds
for housing not meeting the affordability requirements of 24 CFR ~92.254 (a) (5) (ii), will be
considered program income and will be repaid in accordance with the requirements of 24 CFR
~92.503.
ARTICLE IV
SPECIAL PROVISIONS APPLICABLE TO FUNDS PROVIDED UNDER THE HOME PROGRAM
MBCDC expressly agrees to the following terms and conditions in conformity with the HOME
Program Final Rule, 24 CFR ~92.503(b).
(a) Affordability Period. The period of time HOME assisted units must remain affordable
is in accordance with 24 CFR ~92.254 (home ownership housing), beginning after project
completion.
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(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 accordance with the terms of a
Restrictive Covenant executed by each recipient of the Funds if the HOME units do not meet the
affordability requirements for the required time period, in accordance with the terms of this
Agreement and the Regulations.
(c) MBCDC shall comply with all applicable federal regulations as they may apply to
restrictions and limitations regarding real property under MBCOC's control acquired or improved in
whole or in part with HOME funds. The Funds shall be subject to all of the terms and conditions of
the HOME Program, 24 CFR Part 92, and any amendments thereto.
(d) Projects must provide safe, sanitary, and decent residential housing for low-income and
very low-income persons (Le., a person whose income is within specific income levels set forth by
U.S. HUD).
(e) Income Targeting. MBCDC shall maintain written documentation that conclusively
demonstrates that each homebuyer household qualifies as low-income (annual income does not
exceed 80 percent of the median income for the area) at the time of purchase. If more than six
months elapses between income qualification and the date of purchase, the homebuyer's income
shall be re-verified.
(f) Records: MBCDC shall maintain all records sufficient to meet the requirements of 24
CFR 92.508(a)(2) program records, 92.508(a)(3) project records, 92.508(a)(5) other Federal
requirements records, 92.508(a)(6) program administration records. All records required herein shall
be retained and made accessible as provided in 24 CFR 92.508 (c) and (d) and Florida Statutes
Chapter 119.
(g) Property Standards. Housing that is assisted with HOME funds must meet all
applicable local codes, rehabilitation standards, ordinances and zoning ordinances at the time of
project completion (e.g., transfer of the ownership interest from the CHDO to the homebuyer).
(h) Maximum and Minimum Amount of HOME Subsidy Per Unit. The minimum amount
of HOME funds that can be invested is $1,000 times the number of HOME assisted units, and the
maximum amount of HOME subsidy is limited to the amounts listed in Exhibit C.
(i) Environmental Clearance. Immediately after a site is identified by MBCDC, MBCDC
shall obtain the City's written environmental clearance statement and shall agree in writing to comply
with any and all requirements as may be set forth in the Site Environmental Clearance Statement.
0) Affinnative Marketing. MBCDC agrees to implement an affinnative marketing plan, upon
approval of the City, which complies with the City's adopted affinnative marketing procedures and
requirements for HOME Program projects containing five or more HOM~-assisted housing units.
Applicants will be selected from a waiting list or lottery process which is established in accordance
with the approved affinnative marketing plan.
(k) Religious organizations. HOME funds may not be provided to primarily religious
organizations for any activity including secular activities. In addition, HOME funds may not be used
to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily
religious organizations in acquiring housing
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(I) Change in Status. MBCOC agrees to advise the City in writing within thirty (30) days
of any organizational, operational, or legal status changes made by MBCOC that affect documents
that were submitted by MBCOC to obtain CHOO status.
(m) Role of CHDO. MBCOC shall serve as a CHOO "developer" pursuant to the Final
HOME Rule, 992.300 (a).
(n) Affordable housing: home ownership. Housing that is for purchase qualifies as
affordable housing only if the housing has a purchase price or, estimated value after rehabilitation,
that does not exceed 95 percent of the median purchase price for that type of eligible property in the
City, as determined by HUO; is the principal residence of an owner whose family qualifies as low-
income at the time of purchase; is subject to recapture provisions established by the City for the
required period of affordability. Units receiving assistance will be scattered throughout the City.
Assisted units shall not exceed thirty percent of any single condominium project.
ARTICLE V
ELIGIBLE COSTS
MBCOC agrees that eligible costs for the project under this Agreement are limited to those
eligible costs as outlined in 24 CFR 92.206 of the HOME Program regulations.
ARTICLE VI
DISBURSEMENT OF FUNDS
(1) The City shall issue a check to MBCOC for each approved home ownership transaction for
down payment assistance to be provided to the homebuyer.
(2) Any payment due under the terms of this Agreement may be withheld pending the receipt and
approval by the City of all reports and documents which MBCOC is required to submit to. the City
pursuant to the terms of this Agreement or any amendments thereto.
(3) No payments will be made without evidence of appropriate insurance required by this
Agreement. Such evidence must be on file with the City.
(4) MBCDC understands and agrees that requests for disbursements of funds under this
Agreement are only to be requested when the funds are needed for payment of eligible costs. The
amount of each request must be limited to the amount needed.
(5) The City desires to enter into this Agreement only if in so doing it can retain the right of
approval over the disbursement of HOME funds for the individual real estate transaction
contemplated herein. MBCDC shall be required to submit all necessary documentation relative to
the aforestated transadions to the City's Economic and Community Development Division for review
a minimum of thirty (30) days prior to the disbursement of HOME funds for the individual transaction.
The City Manager or his designee shall be authorized by the City Commission to approve individual
sites and transactions and to execute all required transaction documents.
(6) Cancellations of projects or site transactions with disbursements: If a project or site
transaction is cancelled, whether voluntarily by MBCDC or othe/Wise, an amount equal to the HOME
funds disbursed by the City for the transaction, must be repaid to the City. The City shall be
immediately notified, in writing, of a project or site cancellation and all funds disbursed by the City
shall be repaid to the City within 15 days of the date of project or site cancellation.
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ARTICLE VII
SUBCONTRACTS
(a) MBCOC shall use its best efforts to include a statement in all subcontracts that it executes
that the subcontractor shall hold the City harmless against all claims of whatever nature arising out
of the subcontractor's performance of work under this Agreement to the extent allowed by law.
(b) If MBCDC subcontracts, a copy of the executed subcontract must be forwarded to the City
within ten (10) days after execution.
ARTICLE VIII
CONDITIONS OF SERVICES
(a) As a condition of these services, MBCOC agrees to comply with the HOME Program Final
Rule, 24 CFR Part 92, and any Amendments or Notices issued pursuant thereto.
(b) MBCOC agrees to comply with the requirements of Executive Orders 11625 and 12432
concerning Minority Business Enterprise and 12138 Women's Business Enterprise which
encourage the use of minority and women's business enterprises, to the maximum extent possible,
in connection with HOME-funded activities.
(c) MBCOC agrees to comply with the Displacement, Relocation and Acquisition requirements
in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (URA) (42 U.S.C. 4201-4655) and 49 CFR Part 24.
(d) MBCOC agrees to comply with all of the following federal laws, executive orders, and
regulations pertaining to fair housing and equal opportunity.
(1) Title VI of the Civil Rights Act of 1964, As Amended (42 U.S.C. 2000d) -- States that
no person may be excluded from participation in, denied the. benefits of, or subjected to
discrimination under any program or activity receiving federal financial assistance on the basis of
race, color, or national origin. Its implementing regulations may be found in 28 CFR Part 1.
(2) Title VIII of the Civil Rights Act of 1968, As Amended the "Fair Housing Act" (42
U.S.C. 3601) and its implementing regulations at 24 CFR Part 100-115 - Prohibits discrimination
in the sale or rent of units in the private housing market against any person on the basis of race,
color, religion, sex, national origin, familial status or handicap.
3) Equal Opportunity in Housing (Executive Order 11063, As Amended by Executive Order
12259) and implementing regulations at 24 CFR Part 107 -- Prohibits discrimination in housing or
residential property financing related to any federally assisted activity against individuals on the basis
of race, color, religion, sex or national origin.
4) Age Discrimination Act of 1975, As Amended (42 U.S.C. 6101) and its implementing
regulations at 24 CFR Part 146 - Prohibits age discrimination in programs receiving federal financial
assistance.
5) Equal Employment Opportunity, Executive Order 11246, As Amended and its
implementing regulations at 41 CFR Part 60 -- Prohibits discrimination against any employee or
applicant for employment because of race, color, religion, sex, or national origin. Provisions to
effectuate this prohibition must be included in all construction contracts exceeding $10,000.
5
(e) MBCoC agrees to comply with the requirements of Section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u) -- Requires that, to the greatest extent feasible,
opportunities for training and employment arising from HOME will be provided to low-income persons
residing in the program service area; and, to the greatest extent feasible, contracts for work to be
performed in connection with HOME will be awarded to business concerns which are located in or
owned by persons residing in the program service area.
(f) MBCoC will ensure that all units in a project assisted with HOME funds comply with the
Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4821, et) and its implementing regulations
at 24 CFR 35.
(g) MBCoC agrees to comply with the Federal Labor Standards Provisions, as described in
HUo Handbook 1344.1 (Federal Labor Standards Compliance in Housing and Community
Development Programs). Every contract for the construction (includes rehabilitation or new
construction) of housing that includes 12 or more units assisted with HOME funds must contain a
provision requiring the payment of not less than the wages prevailing in the locality, as
predetermined by the Secretary of Labor pursuant to the Davis-Bacon Act. [reference 24 CFR
992.354 (a)].
(h) MBcae agrees to comply with the requirements of 24 CFR part 24 regarding debarment and
suspension.
ARTICLE IX
TERM OF AGREEMENT
This Agreement shall be effective upon execution by both parties and shall end at the
conclusion of the period of affordability as specified in 24 CFR 992.254 (affordable home ownership
'housing). MBCae agrees that the funds shall be expended by September 30, 1999. Unexpended :',.. "
funds shall automatically revert to the City to be utilized for. other affordable housing projects.
ARTICLE X
TERMINATION
The City and MBCoC agree that this Agreement may be terminated by the City in whole or
in part, for cause (as more specifically defined in Article XXVI herein) or for convenience, in
accordance with the provisions of 24 CFR, Part 85.44. A written notification shall be required 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 alterations, variations, modifications or waivers of any provisions to this Agreement,
including an increased allocation of funds, shall only be valid when they have been produced in
writing and duly signed by 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 Administration and MBCoC.
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ARTICLE XII
CONFLICT OF INTEREST
(a) MBCOG shall comply with the standards contained within 24 CFR Part 92.356 which states that
no owner, developer or sponsor of a project assisted with HOME funds (or officer, employee, agent
or consultant of the owner, developer or sponsor) whether private-for-profit or non-profit, may occupy
a HOME-assisted affordable housing unit in a project. This provision does not apply to an employee
or agent of the owner or developer of a rental housing project who occupies a HOME-assisted unit
as the project manager or maintenance worker. Exceptions may be granted by the City in
accordance with 24 CFR Part 92.356(f)(2).
(b) MBCOC shall disclose any possible conflicts of interest or apparent improprieties of any party
that is covered by the above standards. MBCOC shall make such disclosure in writing to the City
immediately upon MBCOC's discovery of such possible conflict. The City will then render an opinion
which shall be binding on all parties.
(c) Related Parties. MBCOC 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, a
for-profit subsidiary or affiliate organization, an organization with overlapping boards of directors, and
an organization for which MBCOG is responsible for appointing memberships. MBCOC 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 to the City required Progress Report.
ARTICLE XIII
INDEMNIFICATION AND INSURANCE
. MBCOC, through an insurance carrier, shall indemnify and hold harmless the City from any
and all claims, liabilities, losses, and causes of action which may arise out of an act, omission,
.., negligenc;:e or misconduct on the part of MBCOC or, a.ny of its agents, servants, employees,
contractors, patrons, guests, clients, or invitees.MBCOC, through its insurance carrier, 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.
MBCOC, through an insurance carrier, shall provide a General Liability Policy with coverage
for Bodily Injury and Property Damage, in the amount of $500,000 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 "This coverage is
primary to all other coverage carried by the City covering this specific agreement only."
MBCOC shall hold proof of Workers' Compensation Coverage as per statutory limits of the State of
Florida.
Automobile and vehicle coverage shall be required when the use of automobiles and other
vehicles are involved in any way in the performance of the Agreement.
MBCOC 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
7
by this Agreement to be used for the compensation, originated from grants of Federal HOME
Investment Partnerships Program funds and must comply with all applicable HUD rules and
regulations.
It is expressly understood and agreed that in the event of curtailment or nonproduction of said
federal grant funds, that the financial sources necessary to continue to pay MBCDC compensation
will not be available and that this Agreement will thereby terminate effective as of the time that it is
determined that said funds are no longer available.
In the event of such determination, MBCDC 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 of the parties hereto shall be released from further liability
each to the other under the terms of this Agreement.
(b) 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 rule.
(c) 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
MBCDC, agrees to allow access during normal business hours to all financial records to
authorized Federal, State or City representatives and agrees to provide such assistance as may be
necessary to facilitate financial audit by any of these representatives when deemed necessary to
insure compliance with applicable accounting and financial standards. MBCDC 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.
ARTICLE XX
PROJECT PUBLICITY
MBCDC agrees that any news release or other type of publicity pertaining to the acquisition
of the project as stated herein must recognize the City's Community/Economic Development Division
as the recipient funded by the United States Department of Housing and Urban Development and
the entity which provided funds for the Project.
ARTICLE XXI
DRUG-FREE WORKPLACE
MBCDC agrees to administer, in good faith, a policy to ensure that it complies with the Drug-
Free Workplace Act requirements under 24 CFR Part 24, Subpart F, and will ensure that the
9
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
(1) ProQress Reports. MBCDC agrees to submit quarterly progress reports to the City,
describing the status of the project in relation to the achievement of the project objectives as
provided herein and in the Scope of Services (Exhibit A), attached hereto. The progress reports
shall be submitted no later than thirty (30) days after the end of each quarter until such time as all
funds are expended.
It will be the responsibility of MBCDC to notify the City in writing, of any actions, 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.
(2) Annual verification of residency for each unit for the duration of the period of affordability
effective twelve months from the closing date of each unit.
(3) Other reports as may be required by the City to demonstrate compliance with any of the
terms of this Agreement.
If the required reports described above are not submitted to the City or are not completed in
the manner acceptable to the City, the City may withhold further payments until they are completed
or may take any other action as the City may deem appropriate.
ARTICLE XV
AUDIT AND INSPECTIONS
At any time during normal business hours and as often as the City administration and/or the
comptroller of the United States may deem necessary, there shall be made available to the City
administration and/or representatives of the comptroller 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 a monitoring, the City
determines that any payments made to MBCDC do not constitute an allowable expenditure, the City
will have the right to deduct/reduce those amounts from their related invoices. MBCDC must
maintain records necessary to document compliance with the provisions of this Agreement.
ARTICLE XVI
COMPLIANCE WITH LOCAL STATE AND FEDERAL REGULATIONS
MBCDC agrees to comply with all applicable Federal regulations as they may apply to
program administration. Additionally, MBCDC will comply with all State and local laws and
ordinances hereto applicable.
ARTICLE XVII
ADDITIONAL CONDITIONS
(a) It is expressly understood and agreed by the parties hereto that monies contemplated
8
workplace is free from the unlawful manufacture, distribution, dispensing, possession or use of
drugs or alcohol.
ARTICLE XXII
NONDELEGABLE
MBCOC agrees that the obligations undertaken pursuant to this Agreement shall not be
delegated or assigned to any other person or firm unless the City shall first consent in writing to the
performance or assignment of such service or any part thereof by another person or firm.
ARTICLE XXIII
SUCCESSORS AND ASSIGNS
MBCOC agrees that this Agreement shall be binding upon the parties herein, their heirs,
executors, legal representatives, successors, and assigns.
ARTICLE XXIV
INDEPENDENT CONTRACTOR
MBCDC 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 he/she shall not be deemed entitled to the Florida Workers' Compensation
benefits as an employee of the City.
ARTICLE XXV
ASSIGNMENT
This Agreement may nO,t be assigned or transferred by MBCOC without the prior written
consent of the City thereto, which consent shall not be unreasonably withheld. It shall be deemed
a default of this Agreement in the event that MBCOC does not strictly comply with the procedures
established herein for obtaining City consent to assignment or transfer as defined by this Paragraph.
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. In the event the Provider transfers an interest of more than one (1 %) percent
ownership in its stock by pledge, sale, or otherwise; or if MBCOC makes an assignment for the
benefit of its creditors, or uses this Agreement as security or collateral for any loan; or if the Provider
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
receivership for MBCDC, shall be deemed an assignment of this Agreement and will require the prior
written consent of the City thereto.
ARTICLE XXVI
EVENTS OF DEFAULT
The City may place MBCDC 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, but
not be limited to, the following:
(a) Failure to comply and/or perform in accordance with any of the terms and conditions
of this Agreement, or any Federal, State or local regulation;
10
(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 MBCOC;
(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
concems 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 HUO
rules and regulations;
(f) MBCOC'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 in Article XXIX herein;
(h) Failure to comply and/or perform in accordance with the affordability requirements,
and/or an unauthorized transfer of title of its HOME projects.
In the event of a default the City may, thirty (30) days after mailing to MBCOC 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 complained of is not fully and satisfactorily cured within
thirty (30) days of MBCOC's receipt of such notice of default to MBCOC, at the expiration of said
thirty (30) day period (or such additional period of time, as permitted by the City, in its sole discretion,
as required to cure such default in the event MBCOC is diligently pursuing curative efforts) this
AgreemEmfrnay, atthe City's sole option and discretionrbedeemed 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 XXVII
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 attomey'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 XXVIII
MAINTENANCE AND RETENTION OF RECORDS
MBCOC agrees that it will maintain all records required pursuant to 24 CFR Part 92.508, in
an orderly fashion in a readily accessible, permanent and secured location, and that it will prepare
and submit all reports necessary to assist the City in meeting record keeping and reporting
requirements thereunder.
(1) Records shall be maintained for a period of five years after the closeout of funds under this
11
Agreement except as provided herein (2), (3) and (4).
(2) 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 (1), whichever
is later.
(3) 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 five years after the affordability period terminates.
(4) Records covering displacements and acquisition must be retained for at least five years after
the date by which the persons displaced from the property and all persons whose property is
acquired for the project have received the final payment to which they are entitled in accordance with
24 CFR 92.353.
ARTICLE XXIX
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 $212,200.
MBCDC hereby expresses its willingness to enter into this Agreement with MBCDC's recovery from
the City for any damage action for breach of contract to be limited to a maximum amount of
$212,200. Accordingly, and notwithstanding any other term or condition of this Agreement, MBCDC
hereby agrees that the City shall not be liable to MBCDC for damages in an amount in excess of
$212,200, 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 XXX
VENUE
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 terms or conditions herein, exclusive
venue for the enforcement of same shall lie in Dade County, Florida.
ARTICLE XXXI
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 Funds, originated from grants of federal HOME Investment
Partnerships Program funds, and must be implemented with all of the applicable rules and regulation
of the U.S. Department of Housing and Urban Development. It is expressly understood and agreed
that in the event of curtailment or non-production of said Federal grant funds, that the financial
sources necessary to continue to pay the Provider the Funds 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, MBCDC 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
12
the other under the terms of this Agreement.
ARTICLE XXXII
ACCESSIBILITY LAWS COMPLIANCE
MBCoC agrees to adhere to and be governed by the following accessibility requirements:
(a) Architectural Barriers Act of 1968, As Amended (42 U.S.C. 4151) and its implementing
regulations at 35 CFR Part 107 -- States that public (i.e., those intended to be accessible to the
general public) buildings and conveyances financed with federal funds are designed, constructed,
or altered to provide accessibility to the physically handicapped.
(b) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations
at 24 CFR Part 8 - Prohibits discrimination in federally assisted programs on the basis of handicap
and imposes requirements to ensure that "qualified individuals with handicaps" have access to
programs and activities that receive federal funds.
(c) Title VIII of the Civil Rights Act of 1968, As Amended the "Fair Housing Act" (42 U.S.C.
3601) and its implementing regulations at 24 CFR Part 100-115.
MBCoC must complete and submit the City's Disability Non-Discrimination Affidavit (Affidavit), a
copy of which is attached hereto and incorporated herein as Exhibit o. In the event MBCoC fails
to execute the City's Affidavit, or is found to be in non-compliance with the provisions of the Affidavit,
the City may impose such sanctions as it may determine to be appropriate, including but not limited
to, withholding of payments to MBCoC under the Agreement until compliance and/or cancellation,
termination or suspension of the Agreement in whole or in part. In the event the City cancels or
terminates the Agreement pursuant to this Article, MBCoC shall not be relieved of liability to the City
for damages sustained by the City by virtue of MBCoC's breach of the Agreement.. .
[THIS SPACE INTENTIONALLY LEFT BLANK]
13
ARTICLE XXXIII
NOTICES
All notices shall be sent to the parties at the following addresses, with copies to the Office of the City
Attorney:
City:
MBCDC:
Hany S. Mavrogenes, Assistant City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Denis A. Russ, President
MBCDC
1205 Drexel Avenue
Miami Beach, FL 33139
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their duly authorized official(s) on the day and date first above indicated.
w~. p;SES"."~ ":_
"' "'.Iii< 1d'uu
cy Jlh,
ATTEST:
~k() VWL~
City Clerk
F:\OOHPlSALLI8ETH1HOMEOWNElHOMEAGR.98
MIAMI BEACH COMMUNITY DEVELOPMENT
CORPORATION, a Florida not-for-profit corporation
Authorized Signatory
~he()J ~ If. ~LI/.~'5 ?e <, iJ~O I-
Printed Name and Title
of Authorized Signatory
CITY OF MIAMI BEACH
a Florida Municipal co ation
Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~~~
14
EXHIBIT A
SCOPE OF SERVICES
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
JI;(iami Beach Community Development Corporation
MBCOC Home Buyer
Assistance Program
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 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.
PrOGram 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 FundinG 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
Elir:/ibilitv 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
Prooertv Requirements
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 com~ly
with funding agencies property standard requirements. The
contract purchase price to be paid by the applicant may not
exceed tne property appraisal.
Bedroom
Units
Surtax
Maximum
Studios
$27,000
$ 27,500
$ 33,000
$ 38,500
$44,000
1
2
...
.)
4
*Subject to change
$ 58,764
$ 67,361
$ 81,911
$ 105,964
$ 116,316
3
Forms of Assistance
Housinq Counselinq
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 Grants
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
EXHIBIT B
BUDGET
BUDGET
Total amount of HOME Program funds: $212,200
Form of assistance: HOME funds will be used to provide direct home ownership
assistance as a portion of the homebuyers financing package. HOME funds will be
provided as either (a) non-interest bearing deferred second mortgage loans, or (b) in
conjunction with Surtax mortgages, as non-interest bearing deferred third mortgage loans,
to enable a broader range of persons to qualify for participation in the program. A
developer fee may be charged for each unit as follows: construction supervision costs, in
an amount equal to 10% of the value of the rehabilitation and .5% of the appraised value
of the unit.
Number of HOME-assisted units: a minimum of 10 units
Deadline for expenditure of funds: September 30, 1999
Repayment of HOME Program funds: HOME funds provided directly to the home buyer
shall be recaptured by the City in accordance with the terms of a Restricted Covenant
executed at the property closing of each home ownership transaction and recorded in the
Official Records of Miami-Dade County Florida. The Restrictive Covenant shall be
prepared by the City and approved by the City Attorney for form and content.
Implementation of this program is intended to complement, augment and extend the
existing scattered-site home ownership program administered by MBCDC with funds.
allocated by Miami-Dade County Documentary Surtax Program and the City of Miami
Beach Community Development Block Grant and SHIP Programs.
EXHIBIT C
HOME PROGRAM
MAXIMUM PER-UNIT SUBSIDY LIMITS
REGION 04 FIELD OFFICE: 29 JACKSONVillE, Fl
PARTICIPATING STATE EFFICIENCY* 1BR 2BR 3BR 4BR
JURISDICTION ABBREV
MIAMI BEACH FL $60,180 $68,984 $83,884 $108,517 $119,119
· O-bedroom includes efficiency units and single room occupancy (SRO) units
Effective 1996 and subject to change
EXHIBIT D
DISABILITY DISCRIMINATION AFFIDAVIT
DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE /h l?c ;)c - Ikn -lZ'>YYI' '.~/A.).,U~-KsH-/ 1'/
NAME OF FIRM, CORPORATION, OR ORGANIZATION . C t c...--
AUTHORIZED AGt;I'!T COMPLETING AFFIDAVIT /.) f~ :L.t S
POSITION yl<z.r.;, i)l Al-r PHONE NUMBER a,s1 /i3i ()()') 0
I, by /(,/;5 A. l:zt.{) / > ' being duly first swom state:
That the above named firm, corporation or organization is in compliance with and agrees to continue to
comply with, and assure that any subcontractor, or third party contractor under this project complies with all
applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to
employment. provision of programs and services, transportation, communications, access to facilities,
renovations, and new construction.
The Americans with Disabilities Act af 1990 (ADA): Pub. L. .101-336,104 Stat 327,42 U.S.C. 12101-12213
and 547 U.S.C. Sections 225 and 611 including Title I, Employment, Tittle II, Public Services; Title Ill,
Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title
V, MIScellaneous Provisions.
The Rehabilitation Act of 1973: 29 U .S.C. Section 794.
The Federal Transit Act. as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
3 " z/ - (( G
Cate
by
l:X t'\S \' ~
(2 V s..s
(Affiant)
(Date)
. HeJShe is~nafl~ k~ me or has presented
~- y. - '1 K
SUBSCRIBED AND SWORN TO (or affirmed) before me on
as identification.
(Type of identification)
Q~~~
(Si . ture ofN )
c.. Co -"\ \ l s ~I
(Seria. Number)
do ~ t... GAl\! c.1l:-() 0
(Print or Stamp Name of Notary)
Notary Pubfic ~LU (2.,\. ~ ('r
~'~"(10 Jose Gancedo
.'iii!if *My Commission CC7175,
~~....~. Expires February 18. 208f
~.." ,\,:
~" ~ tLU ~VV~ l 8 d. 0 0 "k.
iration Oate)
(State) Notary Seal
The City of M'lami Beach will not award a contract to any firm, corporation or organization that fails to
complete and submit this Affidavit with the firm, corporation or organization's bid or proposal or fails to have
this Affidavit on fi'e with the City af Miami Beach.
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