2000-24010 RESO
RESOLUTION NO. 2000-24010
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
FLORIDA FAIR HOUSING, CORP., PROVIDING A TOTAL
OF THREE HUNDRED NINETY-NINE THOUSAND EIGHT
HUNDRED DOLLARS ($399,800), IN HOME PROGRAM
FUNDS FROM FISCAL YEAR 1999/2000, TOWARDS THE
COST OF ACQUISITION OF THE WATERWAY VILLAGE,
LOCATED AT 1945 CALAIS DRIVE, MIAMI BEACH, TO
PROVIDE TEN (10) RENTAL UNITS FOR INCOME-
ELIGmLE TENANTS IN ACCORDANCE WITH THE HOME
PROGRAM REQUIREMENTS.
WHEREAS, the City has established a HOME Investment Partnerships (HOME) Program
under the rules of the U.S. Department of Housing and Urban Development (HUD), which provides
financial assistance for the purpose of providing affordable housing within the City; and
WHEREAS, the City has determined the necessity for providing affordable housing in the
City through its Consolidated Plan, adopted by Resolution No. 98-22814 on July I, 1998, and its
One-Year Action Plan for Federal Funds for fiscal year 1999/2000, adopted by Resolution No. 99-
23238 on July 7,1999, as amended; and
WHEREAS, on January 31, 2000, the City issued a HOME Program Notice of Funding
Availability (NOF A), in the amount of $1,181,653, for the acquisition and/or rehabilitation of multi-
family rental buildings or scattered sites for the purpose of providing affordable rental housing; and
WHEREAS, the City's Loan Review Committee, at its May 12, 2000 meeting, reviewed
applications submitted and recommended HOME Program funding, in the amount of$399,800, from
the HOME Program NOFA issued on January 31, 2000, for Florida Fair Housing, Corp. for the
acquisition and rehabilitation of the Waterway Village, to provide 10 rental units to income-eligible
tenants, in accordance with the rules of the HOME Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THF. CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk
are hereby authorized to execute the attached HOME Investment Partnerships (HOME) Program
Agreement with Florida Fair Housing, Corp., providing a total of Three Hundred Ninety-Nine
Thousand Eight Hundred Dollars ($399,800), in HOME Program funds from fiscal year 1999/2000,
towards the cost of acquisition of the Waterway Village, Located at 1945 Calais Drive, Miami
Beach, to provide ten (10) rental units for income-eligible tenants in accordance with the HOME
Program requirements.
PASSED AND ADOPTED TillS 26th DAY OF
July ,2000
ATTEST:
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MAYOR
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APPROVED AS TO
fORM & LANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
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TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. 5.2Ei.::QJ
Mayor Neisen O. Kasdin and DATE: July 26, 2000
Members of the City Commission
Lawrence A. Levy 0 ~
CityMa~ .
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 FLORIDA
FAIR HOUSING, CORP., PROVIDING A TOTAL OF THREE HUNDRED
NINETY-NINE THOUSAND EIGHT HUNDRED DOLLARS ($399,800), IN
HOME PROGRAM FUNDS FROM FISCAL YEAR 199912000, TOWARDS
THE COST OF ACQUISITION OF THE WATERWAY VILLAGE,
LOCATED AT 1945 CALAIS DRIVE, MIAMI BEACH, TO PROVIDE TEN
(10) RENTAL UNITS FOR INCOME-ELIGIBLE TENANTS IN
ACCORDANCE WITH THE HOME PROGRAM REQUIREMENTS.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
The City has received an annual allocation of HOME Investment Partnerships (HOME) Program
funds from the U.S. Department of Housing and Urban Development (U.S. HUD) since 1992 for the
purpose of expanding the supply of housing for persons meeting the income criteria of the HOME
Program. This Program encourages partnerships between the government and the private sector,
including for-profit and not-for-profit organizations for the acquisition, construction and
rehabilitation of housing.
On JanUlUY 31, 2000, the City issued a HOME Program Notice of Funding Availability (NOFA) in
the amount of$I,181,653 for the acquisition and/or rehabilitation of multi-family rental buildings
or scattered site units for the purpose of providing affordable rental housing. Under the terms of the
NOF A, applications wert" accepted beginning March 1, 2000.
In response to the NOFA, the City received four applications from three different applicants. In
accordance with the terms of the NOF A, applications were reviewed by City staff for completeness
and compliance with the terms of the NOFA and HOME Program requirements. On May 12,2000,
the four applications were presented to the City's Loan Review Committee (LRC) for review and
recommendation. The LRC recommended that the City Commission fund all four applications.
T:\AQENDA\2OOO1JUL26OO\C()NSEN1\WA1l!Jl.WAY.MEM
AGENDA ITEM Ci t
DATE I-~~U
Commission Memorandum
July 26, 2000
Waterway Village ApartInents Agreement
Page 2
The LRC recommended funding for the application from Florida Fair Housing, Corp. (FFH),
requesting $399,800 towards the acquisition of The Waterway Village, a ten units apartInent building
located at 1945 Calais Drive, Miami Beach. The building has water frontage along Normandy
Waterway. FFH has obtained site control of the building and entered into a Contract for Sale and
Purchase in the amount of $500,000 for the building. FFH has provided a recent appraisal indicating
that the property has a value of $500,000 in "as is" condition. Therefore, the sales price is $50,000
per unit or $55.41 per square foot which is comparable to the sale price of other waterfront properties
recently sold in the area.
The ten unit building will provide two one-bedroom units, four two-bedrooms units, and four three-
bedrooms units. In accordance with the HOME Program requirements, FFH will provide these rental
units for income-eligible tenants for a period of 10 years after the rehabilitation is completed.
The two-story building has a total area of approximately 8,536 square feet. The one-bedroom units
contain approximately 700 square feet; the two-bedroom units contain approximately 804 square
feet; and the three-bedroom units contain approximately 980 square feet. All units exceed the
minimum City requirement of 400 square feet and the average size of 550 square feet per unit.
The floor grade of the first level of the building is below the base floodplain elevation required by
the Federal Emergency Management Agency (FEMA) of8 feet above NGVD. FFH will be required
to comply with the provisions of the City's Flood Plain Management Ordinance 92-2822 to obtain
appropriate variance as required, and to maintain acceptable flood insurance coverage for the life of
the project. A Phase I Environment Review will be conducted prior to the purchase of the building.
As a requirement of funding, FFH will mitigate any hazardous conditions identified in the Phase I
Report.
On May 12,2000, the City's Loan Review Committee reviewed and recommended approval by the
City Commission of the FFH's funding request for the Waterway Village. The Loan Review
Committee approved amotion to amend the City's Fiscal Year 1999/2000 One Year Action Plan for
federal funds, in order to reallocate to the HOME NOFA $285,906 HOME Program funds to be
recaptured from a previously funded project. In accordance with BUD regulations and the adopted
Citizen Participation Plan, the Administration advertised on June 1,2000 a 30-day citizen comment
period on the proposed amendment. No comments were received by the City.
When the LRC origina1ly recommended funding for this project, the funding was to be provided by
utilizing some of the HOME Program funds expected to be recaptured and reallocated from Dade
Employment & Economic Development Corporation, Inc. (DEEDCO). HOME funds are awarded
on a priority basis and FFH's application was the fourth application of the four received. Since the
agreement between the City and DEEDCO will be delayed while DEEDCO seeks additional funding
from Miami-Dade County, as directed by the City Commission, the LRC is revisiting the funding
decision for this initiative during their meeting of July 21, 2000. The LRC will review funding FFH
T;\AQENDA\2OOO\JU1.26OlMWATERWAY.MIlM
Commission Memorandum
July 26, 2000
Waterway Village Apartments Agreement
Page 3
for the Waterway Village as the third funded priority out of the HOME NOFA funds.
Simultaneously, depending on the response that DEEDCO receives from Miami-Dade County,
DEEDCO may be funded either by retaining their original HOME Agreement or by recapturing the
funds from that agreement and reallocating the funds into the HOME NOFA.
The proposed scope of work, based on a preliminary evaluation, includes the following: repair
seawall and dock, provide a central HV AC system to each unit; replace electrical system; provide
new cabinets and appliances; refurbish/replace bathroom fixtures; provide A.D.A. accessibility as
required; re-roof the building; provide new machines in the laundry room; refinish/re-plaster ceiling
and wall areas as needed; and repair fences and provide security gates and landscaping as needed.
The total cost of this initiative, including the rehabilitation of the building, is estimated at $891,182.
The City is proposing to provide $399,800 in fiscal year 1999/2000 HOME Program funds towards
the acquisition of the building. Concurrently, FFH has received a commitment from the BAC
Florida Bank for $310,000. Additionally, FFH is proposing to invest $76,382 in the form of cash
into the project. The applicant also intends to apply to other sources, including Miami-Dade County
and the City's Multi-Family Rehabilitation Program, for the $105,000 balance needed for the
rehabilitation of the building.
The Administration recommends that the Mayor and City Commission authorize the Mayor and City
Clerk to execute the attached HOME Investment Partnerships (HOME) Program agreement with
Florida Fair Housing, Corp., providing a total of Three Hundred Ninety-nine Thousand Eight
Hundred dollars ($399,800), in HOME Program funds from Fiscal Year 1999/2000, towards the cost
of acquisition of the Waterway Village, located at 1945 Calais Drive, Miami Beach, to provide ten
(10) Rental Units for Income-eligible tenants in accordance with the HOME Program Requirements.
CM~~~
T:\AGENDAUOOO\JUL26ClCNXlNSl!N1\WATERWAY.MEM
HOME PROGRAM AGREEMENT
THIS AGREEMENT, entered into this J' tlaay of ~,2000, by and between the CITY OF
MIAMI BEACH, a Florida municipal corporation, having its principal office at 1700 Convention
Center Drive, Miami Beach, Florida, (City), and FLORIDA FAIR HOUSING, CORP., a Florida
Corporation, with offices located at 4131 SW 37th Avenue, Suite "A", Coconut Grove, Florida
(hereinafter referred to as Owner).
WITNESSETH:
WHEREAS, on FebrulllY 18, 1992, the City was designated by the U.S. DepartInent of
Housing and Urban Development (BUD) as a Participating Jurisdiction for the receipt of funds
through the HOME Investment Partnerships (HOME) Program under 24 CFR 92; and
WHEREAS, the City has entered into an agreement with HUD for the purpose of conducting
an affordable housing program with federal financial assistance under the HOME Program; and
WHEREAS, on January 31, 2000, the City issued a HOME Program Notice of Funding
Availability in the amount of$I,181,653 for the acquisition and/or rehabilitation of multi-family
rental buildings or scattered sites for the purpose of providing affordable rental housing; and
WHEREAS, on May 12, 2000, the City's Loan Review Committee reviewed applications
submitted and recommended HOME funding for Florida Fair Housing, Corp. for an amount not to
exceed $399,800 from fiscal year 1999/2000, for the acquisition and rehabilitation of the Waterway
Village; and
WHEREAS, on May 12, 2000, the City's Loan Review Committee reviewed and
recommended approval by the City Commission of Owner's funding request; and
WHEREAS, Owner warrants and represents that it possesses the legal authority to enter into
this Agreement, by way of a resolution that has been du1y adopted as an official act of the Board of
Directors, authorizing the execution of this Agreement, including all understandings and assurances
contained herein, and authorizing the person(s) identified as their official representative(s) to execute
this Agreement and any other documents which may be necesslllY to implement this project.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
hereto agree as follows:
ARTICLE I
DEFINITIONS
As used in this Agreement the terms listed below shall have the following meanings:
1
(a) HOME Program: HOME Investment Partnerships Program, as set forth in 24 CFR Part 92,
as amended.
(b) HOD: United States Department of Housing & Urban Development or any successor agency.
(c) Funds: HOME Program funds.
(d) CHDO: Community Housing Development Organization as defined in the HOME Investment
Partnerships Program, 24 CFR, Part 92, as amended, and CPD Notice 94-02.
(e) Terms defmed in the HOME Investment Partnerships Program Final Rule, 24 CFR Part 92,
and any amendments thereto, not otherwise defined in this Agreement, shall have the meaning set
forth in said Rule.
(e) HOME Assisted Units: A term that refers to the number of units in a project assisted with
HOME Program funds for which rent, occupancy, and resale/recapture restrictions apply.
ARTICLE II
ALLOCATION OF HOME FUNDS
In consideration of the performance by Owner ofits role and responsibilities set forth in this
Agreement, the City agrees to provide a conditional grant of HOME Program funds to Owner in the
amount of Three Hundred Ninety-Nine Thousand, Eight Hundred Dollars ($399,800) (Funds) from
previously allocated fiscal year 1999/2000.
The Funds will be utilized by Owner for a CHDO project that provides for the acquisition
of the building named Waterway Village, located at 1945 Calais Drive, Miami Beach, that will
provide 10 rental units for income qualified families and individuals. Owner will acquire and
rehabilitate the building as more fully described in the Scope of Services (Exhibit A) and Budget
(Exhibit B). Owner will maintain required HOME Program rent and occupancy limitations for a
minimum period of 10 years (the Affordability Period) commencing with the issuance of the final
approved Certificate of Completion by the City's Building Department following the planned
rehabilitation.
ARTICLE III
PROCEEDS FROM HOME INVESTMENT
Owner agrees that any program income generated from the use of HOME funds under this
Agreement, will be identified and prorated in accordance with HOME Regulations, 24 CFR Part 92,
as amended.
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ARTICLE IV
SPECIAL PROVISIONS APPLICABLE TO FUNDS PROVIDED tINDER THE HOME
PROGRAM
Owner expressly agrees to the following terms and conditions in conformity with the HOME
Program Final Rule.
(a) Affordability Period. The period oftime HOME assisted units must remain affordable
is in accordance with 24 CFR 92.252 (rental housing) beginning after project completion. The
Funds, in accordance with the Scope of Services (Exhibit A) and Budget (Exhibit B), shall be repaid
to the City in the event the housing does not meet the affordability requirements for the required time
period specified in 24 CFR 92.252 (rental housing).
(b) Repayment of Funds. The Funds (which definition shall include the allocation of any
additional funds that may be provided by the City in the future as a result of an amendment or
modification of this Agreement) shall be repaid in their entirety if the HOME units do not meet the
affordability requirements for the required time period in accordanct'; with the terms of this
Agreement and the HOME Program Regulations. Any violation of these requirements may, at the
City's option, result in the entire amount of the Funds, as indicated in Article II or as subsequently
amended or modified, being returned and/or otherwise repaid by Owner to the City, and same shall
be considered and treated as an event of default resulting in the City's termination for cause of the
Agreement, pursuant to Article XXVI herein. The City reserves the right to review the affordability
requirements, as set forth herein. Concurrent with its execution of this Agreement and/or any
projects pursuant to this Agreement, Owner shall execute a Mortgage and Note in the format
provided by the City, incorporating the terms of this section, which shall be recorded in the Official
Records of Miami-Dade County, Florida.
(c) Rent Limitation. HOME assisted rental units will bear rents in accordance with 24 CFR
92.252, as published from time-to-time by BUD. The City shall provide a HOME Program rent
schedule annually to Owner.
(d) Rent schedule and utility allowances. In accordance with 24 CFR 92.252(b)(c) and
(d), the City must review and approve rents and the monthly utility allowances proposed by the
owner prior to initial occupancy. Owner must re-examine and document the income of each tenant
living in the HOME assisted units annually. The maximum monthly rent must be recalculated by
Owner and reviewed and approved by the City annually. Any increase in rents for HOME-assisted
units is subject to the provisions of outstanding leases and, in any event, the owner must provide the
tenant with not less than 30 days written notice before implementing any rent increase.
(d) Owner shall comply with all applicable federal regulations as they may apply to
restrictions and limitations regarding real property under Owner's control acquired or improved in
whole or in part with HOME funds.
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(e) The Project must provide safe, sanitary, and decent residential housing for income
eligible tenants (i.e., persons whose income is within specific income levels set forth by HUD).
(1) Income Targeting. Owner shall maintain written documentation that conclusively
demonstrates that the project assisted in whole or in part with HOME funds provides benefit to very-
low income households (annual income does not exceed 50 percent of the median family income for
the area) and low-income households (annual income does not exceed 80 percent of the median
income for the area) as required.
(g) Records: Owner 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.
(I) Property Standards. For the duration of this Agreement and any amendments hereto,
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. The City shall
conduct annual or bi -annual, as required, on-site inspections of the project to assure compliance with
housing codes. The City may select a sample of the units in the project to satisfy the inspection
requirements.
.
0) Environmental Review. For the Project described in the Scope of Services (Exhibit A),
attached hereto, Owner shall obtain a Phase I, Envirorunental Assessment, and agree to mitigate any
hazardous conditions identified therein.
(k) Affirmative Marketing. In order to provide persons in the housing market area with
a range of housing choice, regardless of race, color, religion, sex, handicap, familial status, or
national origin, Owner agrees to administer the HOME Program in a manner that will affIrmatively
further the purposes of Title VI of the Civil Rights Act of 1964 at 24 CFR I, the Fair Housing Act
at 24 CFR 100 and Executive Order 11063 at 24 CFR 107. Owner will submit its written procedures
that implement these requirements for review and approval by the City.
(I) Tenant and Participant Protection. Owner agrees that the lease to be executed with
the tenants of rental housing will be in accordance with 24 CFR Part 92.253. Furthermore, if HOME
assistance is provided to a CHDO, the CHDO must adhere to a fair lease and grievance procedure
approved by the City and provide a plan for and follow a program of tenant participation in
management decisions (24 CFR Part 92.303).
ARTICLE V
ELIGIBLE COSTS
Owner agrees that eligible costs for the Project under this Agreement are limited to those
eligible costs as outlined in 24 CFR Part 92.206 of the HOME Program regulations.
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ARTICLE VI
DISBURSEMENT OF FUNDS
(1) The Funds shall be used by Owner for acquisition of real property.
(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 Owner 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) Owner understands and agrees that disbursement requests for 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.
ARTICLE VII
SUBCONTRACTS
( a) Owner 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 Owner subcontracts, a copy of the executed subcontract must be forwarded to the City
within ten (10) days after execution.
ARTICLE VIll
CONDITIONS OF SERVICE
(a) As a condition of these services, Owner agrees to comply with the HOME Program Final
Rule, 24 CFR Part 92, and any Amendments or Notices issued pursuant thereto.
(b) Owner 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) Owner agrees to comply with the requirements of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (ORA) (42 D.S.C. 4201-4655) and 49 CFR Part
24. The Owner acknowledges having received the HUD Manual entitled "All the Right Moves:
Relocation and Assistance In HUD Programs" and BUD Handbook 1378 and will comply with all
requirements contained therein.
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(d) Owner agrees to comply with all of the following federal laws, executive orders, and
regulations pertaining to fair housing and equal opportunity.
(I) Title VI ofthe Civil Rights Act of1964, As Amended (42 V.S.C. 2000d) -- pertaining
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 VID ofthe Civil Rights Act of 1968, As Amended the "Fair Housing Act" (42
V.S.C. 3601) and its implementing regulations at 24 CFR Part 100-115 -- Prohibiting discrimination
in the sale or rental of units in the private housing market.
(3) Equal Opportunity in Housing (Executive Order 11063, as amended by Executive
Order 12259) and implementing regulations at 24 CFR Part 107 -- Prohibiting discrimination in
housing or residential property financing related to any federally assisted activity.
(4) Age Discrimination Act of 1975, As Amended (42 V.S.C. 6101) and its implementing
regulations at 24 CFR Part 146 -- Prohibiting age discrimination in programs receiving federal
fmandal assistance.
5) Equal Employment Opportunity, Executive Order 11246, As Amended and its
implementing regulations at 41 CFR Part 60 -- Prohibiting discrimination against any employee or
applicant for employment. Provisions to effectuate this prohibition must be included in all
construction contracts exceeding $10,000.
(e) Owner agrees to comply with the requirements of Section 3 of the Housing and Urban
Development Act of 1968 (12 V.S.C. 1701u) -- Requires that, to the greatest extent feasible,
opportunities for training and employment arising from HOME funded projects 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 funded projects will be awarded to
business concerns that are located in, or owned by persons residing in the program service area.
(f) Owner will ensure that all units in a project assisted with HOME funds comply with the
Lead Based Paint Poisoning Prevention Act (42 V.S.C. 4821, et) and its implementing regulations
at 24 CFR 35, as amended.
(g) Owner agrees to comply with the Federal Labor Standards Provisions, as described in
HVD Handbook 1344-1 (Federal Labor Standards Compliance in Housing and Community
Development Programs).
(h) Owner agrees to comply with the requirements of24 CFR part 24 regarding debarment and
suspension.
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ARTICLE IX
TERM OF AGREEMENT
This Agreement shall be effective upon execution by both parties and shall terminate at the
conclusion of the 10 year period of affordability as specified in 24 CFR 92.252 (affordable rental
housing).
ARTICLE X
TERMINATION
The City and Owner agree that this Agreement may be terminated by the City, in whole or
in part, for cause (as defined in Article XXVI herein and in accordance with the provisions of24
CFR Part 85.43) or for convenience (as defined in Article XXVII and 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 portiones) to be
terminated.
ARTICLE XI
AMENDMENTS
Any alterations, variations, modifications or waivers of any provisions of this Agreement,
including an increased allocation of funds, shall only be valid when they have been reduced to
writing and signed by the City and Owner.
ARTICLE XII
CONFLICT OF INTEREST
(a) Owner shall comply with the standards contained within 24 CFR Part 92.356 which states
that no owner, developer or sponsor ofa 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) Owner shall disclose any possible conflicts of interest or apparent improprieties of any party
that is covered by the above standards. Owner shall make such disclosure in writing to the City
immediately upon Owner's discovery of such possible conflict. The City will then render an opinion
which shall be binding on all parties.
(c) Related Parties. Owner 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 subsidilllY or affiliate organization, an organization with overlapping boards of directors,
7
or an organization for which an officer of the Owner is responsible for appointing memberships.
Owner 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 in the
required Annual Report.
ARTICLE XIII
INDEMNIFICATION AND INSURANCE
Owner, 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,
negligence or misconduct on the part of Owner or any of its agents, servants, employees, contractors,
patrons, guests, clients, or invitees. Owner, 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.
Owner shall maintain during the term of this Agreement, the insurance specified below.
(I) General Liability: $500,000 combined single limit for bodily injury and property damage,
for each occurrence.
(2) Contractual Liability: the policy must include coverage to cover the above indemnification.
(3). Automobile and vehicle coverage in the amount 01'$500,000 per occurrence shall be required
when the use of automobiles and other vehicles are involved in any way in the performance of the
Agreement, including non-owned automobile coverage.
(4) Workers' Compensation Coverage as per statutory limits of the State of Florida.
(5) Builders Risk/Comprehensive Fire and Hazard Insurance: Owner shall deliver to the City
the original policy of Builder's Risk and Comprehensive Fire and Hazard Insurance in completed
value form with extended coverage in the amount of the full insurable value of the Project upon
completion of construction, issued by a company satisfactory to the City.
(6) Flood Insurance: If the floor grade of the first level of the building is determined to be below
the base floodplain elevation required by the Federal Emergency Management Agency (FEMA) of
8 feet above NOVD, Owner shall deliver to the City evidence satisfactory to the City that the
premises are covered by flood insurance supplied by the Federal Insurance Administration to the
maximum amount available, all as provided in the Flood Disaster Protection Act of 1973, as
amended, together with appropriate endorsement. Owner agrees that the City shall have the right
to take any action necessary to continue said insurance in full force.
Owner shall submit to the City an ORlOINAL Certificate ofInsurance for the above coverage
with the City named as an additional insured, to the extent of its insurable interest on all policies
8
".
required herein. All insurance coverage shall be approved by the City's Risk Manager prior to the
release of any funds under this Agreement. Further, in the event evidence of such insurance is not
forwarded to the City's Risk Manager within thirty (30) days after the execution of this Agreement,
this Agreement shall become null and void, and the City shall have no obligation under the terms
thereof unless a written extension of this thirty (30) day requirement is secured from the Risk
Manager.
ARTICLE XIV
REPORTS
(1) Prowess Rt:pOrts. Owner agrees to submit monthly progress reports to the City, describing
the status of the Project and achievement of objectives as provided herein and in the Scope of
Services (Exhibit A) and Budget (Exhibit B), attached hereto. The progress reports shall be
submitted no later than 10 days after the end of each month until such time as all funds are expended
or, for rental projects, until the project is fully occupied.
It will be the responsibility of Owner to notify the City in writing, of any actions, law, or
event, that will impede or hinder the completion 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) Tenant and Rent Schedule Certification.
a. Owner shall submit to the City for approval the proposed rents for the HOME units
and, if applicable, the monthly allowances for utilities and services to be paid by the tenant. The City
shall approve submitted rents if such rents comply with applicable Federal standards, or ifHUD has
approved same.
b. Owner slwlJ.llrovide the City with the initial tenant list, and any and all subsequent
updates, amendments and modifications thereto, with documentation for all tenants in the HOME
units confirming family size, income, financial classification, ethnicity, HOME rents charged and
other information the City may require to fulfill its reporting requirements to HUD. This report will
continue to be required for the full period of affordability hereunder beginning on the date of
issuance of a Final Certification of Completion for the Project. The initial report shall be due within
thirty (30) days of project lease-up.
c. Annually, Owner shall deliver to the City's Housing and Community Development
Division, by October 31 st of each calendar year, its signed report in form and substance acceptable
to the City, to include names of tenants, unit type, family size and income, rents charged, and
occupancy/vacancy factor of each unit for the prior fiscal year (October I st through September 30th).
The report will continued to be required for the full 10-year period of affordability hereunder
beginning on the date of issuance of a Final Certificate of Completion for the project.
9
".
(3) Other reports as may be required by the City to demonstrate compliance with any of the tenns
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 nonna1 business hours and as often as the City administration and/or the
Comptroller of the Currency 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
visit, the City determines that any payments made to Owner do not constitute an allowable
expenditure, the City will have the right to deduct those amounts from their related invoices. Owner
must maintain records necessary to document compliance with the provisions of this Agreement.
ARTICLE XVI
COMPLIANCE WITH LOCAL STATE AND FEDERAl, REGULATIONS
Owner agrees to comply with all applicable Federal regulations as they may apply to program
administration. Additionally, Owner will comply with all State and local laws and ordinances hereto
applicable.
ARTICLE XVII
ADDITIONAL CONDITIONS
(a) Title and paragraph headings are for convenient reference and are not a part 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
Owner, agrees to allow access during normal business hours to all fmancial 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 necesslllY to
insure compliance with applicable accounting and financial standards. Owner shall allow access
10
".
during normal business hours to all other records, forms, files, and documents which have been
generated in performance of this Agreement and 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
Owner agrees that any news release or other type of publicity pertaining to the project as
stated herein must recognize the City as the recipient funded by the United States Department of
Housing and Urban Development, and that the Program is administered by the City's Community
and Economic Development Department, which is the entity providing funds for the Project.
ARTICLE XXI
DRUG-FREE WORKPLACE
Owner 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
workplace is free from the unlawful manufacture, distribution, dispensing, possession or use of
drugs or alcohol.
ARTICLE XXII
NONDELEGABLE
Owner 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
Owner agrees that this Agreement shall be binding upon the parties herein, their heirs,
executors, legal representatives, successors, and assigns.
ARTICLE XXIV
INDEPENDENT CONTRACTOR
Owner 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
11
".
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 not be assigned or transferred by Owner 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 Owner 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 Owner 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 Owner, shall be deemed an assignment of this Agreement and will require the prior
written consent of the City thereto.
ARTICLE XXVI
TERMlNA nON FOR CAUSE
The City may place Owner 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) Owner's failure to (i) diligently pursue additional Project financing and to close on the
acquisition of the Project within 60 days from the date of execution of this Agreement; or (ii)
commence work within thirty (30) days from the date of issuance of the Notice to Proceed; or (iii)
diligently pursue construction and timely complete the project by securing a Final Certificate of
Completion within twelve (12) months from the date of execution of this Agreement.
Work shall be considered to have commenced and be in active progress when, in the sole
opinion of the City, a full complement of workers 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.
12
(d) Owner's failure to maintain the insurance required by the City and/or Lender.
(e) 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.
(f) 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 Owner.
(g) Implementation of this Agreement, for any reason is rendered impossible or infeasible.
(h) Failure to respond in writing within thirty (30) days of notice of same from City to any
concerns raised by the City, including providing substantiating documentation when requested by
the City.
(i) 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 HUD rules and regulations.
(j) Owner's insolvency or bankruptcy.
(k) An assignment or transfer of this Agreement or any interest therein which does not comply
with the procedures set forth in Article XXV herein.
(I) Claims oflien not satisfied or bonded-off, in accordance with Florida Statutes, within 60 days
from the date of filing of any such lien.
(m) Failure to comply and/or perform in accordance with the affordability requirements, and/or
an unauthorized transfer oftitle of its HOME projects.
If the default complained of is not fully and satisfactorily cured within thirty (30) days of
receipt of such notice of default to Owner, 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 Owner is diligently pursuing curative efforts) this Agreement may, at the City's
sole option and discretion, be deemed automatically canceled and terminated, and the City fully
discharged from any and all liabilities, duties and terms arising out of, or accruing by virtue of this
Agreement. In the event of a default for cause, the City may, at its option, avail itself of any and all
remedies pursuant to 24 CFR Part 85.43, as amended from time to time, including suspension, in
whole or in part, of Owner's grant award(s); recapture of the Funds, as set forth herein; and any other
remedies that may be legally available.
ARTICLE XXVII
TERMINATION FOR CONVENIENCE
Notwithstanding Article XXVI above, Owner herein consents that the City may terminate
this Agreement, in whole or in part, for convenience, as set forth in 24 CFR Part 85.44.
13
".
ARTICLE XXVIII
ADDITIONAl, REMEDIES
In the event of a default and termination for cause, the City shall 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 XXIX
MAINTENANCE AND RETENTION OF RECORDS
Owner 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 secure location, and that it will prepare and
submit all reports necessary to assist the City in meeting record keeping and reporting requirements
thereunder.
(I) Records shall be maintained for a period offive years after the closeout of funds under this
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 (I), 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
Part 92.353.
ARTICLE XXX
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 $399,800.
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 $399,800.
Accordingly, and notwithstanding any other term or condition of this Agreement, Owner hereby
14
agrees that the City shall not be liable to Owner for damages in an amount in excess of $399,800,
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 XXXI
VENUE
This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal 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 Miami-Dade County, Florida.
ARTICLE XXXII
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 InvestInent
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 Owner 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, Owner agrees that it will not look to, nor seek
to hold liable, the City or any individual member of the City Commission thereof, personally for the
performance of this Agreement and all parties hereto shall be released from further liability each to
the other under the terms of this Agreement.
ARTICLE XXXIII
ACCESSIBILITY LAWS COMPLIANCE
Owner 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 -- Public buildings and conveyances financed with federal funds must
be 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.
15
Owner must complete and submit the City's Disability Non-Discrimination Affidavit
(Affidavit), a copy of which is attached hereto and incorporated herein as Exhibit C. In the event
Owner 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 Owner 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, Owner shall not be relieved of liability
to the City for damages sustained by the City by virtue of Owner's breach of the Agreement.
ARTICLE XXXIV
NOTICES
All notices shall be sent to the parties at the following addresses:
If to the City:
City of Miami Beach
1700 Convention Center Drive, 3rd Floor
Miami Beach, FL 33139
Attn: (I) City Attorney's Office
and (2) Housing Director
If to Owner:
Nicholas E. Ekonomou
Florida Fair Housing, Corp.
4131 SW 37th Avenue, Suite "A"
Coconut Grove, FL 33133
or to such address and to the attention of such other person as the City or Owner may
from time to time designate by written notice to the other.
TillS SPACE INTENTIONALLY LEFT BLANK
16
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.
ATTEST:
Authorized Signatory
~\c...tL ~N f) ^^~l.t ~/QS~c.W'
Printed Name and Title
of Authorized Signatory
ATTEST:
CITY OF MIAMI BEACH
a Florida Municipal corporation
~;r PcU~
City Clerk
11/
Mayor
F,\DDHP\$ALLIRUSSELLIHOMElW A TERW A Y\l945HOME.AGR
APPROVED AS TO
FORM & LANGUAGE
& FOREXECUnON
l
7r::.771J
17
EXHIBIT A
SCOPE OF SERVICES
SCOPE OF SERVICES
1. NamelAddress of Project:
Waterway Village
1945 Calais Drive
Miami Beach, FI 33141
2. Legal Description:
Lot 15 and West 10 feet of Lot 16, Block 44, of Normandy Waterway Subdivision,
according to the Plat thereof, recorded in Plant Book 40, Page 60, of the public Records
of Miami-Dade County, Florida.
3. Building and Site Characteristics
FFH has entered into a Contract for Sale and Purchase in the amount of $500,000 for an apartment building
named Waterway Village, located at 1945 Calais Drive, Miami Beach. The building is currently occupied by
8 tenants. The 2-story, 10 unit, apartment building has water frontage on Normandy Waterway and was
constructed in 1956. The 10 apartments occupy a total area of approximately 8,536 square feet. FFH will
provide 2 one-bedroom, 4-two-bedroom, and 4 three-bedroom units, all of which are in excess of the minimum
City requirement of 400 square feet. The Owner is proposing to make sufficient modifications to the walls
to bring the units into compliance with the City's currently adopted housing code.
A Phase I Environment Review will be conducted prior to the purchase of the building which will identify any
possible environmental hazards. The Environment Review will also identify any lead-based paint or asbestos
hazards. As a requirement of funding, the Owner will mitigate any hazardous conditions identified in the
Phase I report. The Owner has provided a recent appraisal indicating that the property has been appraised
for $500,000 in "as is" condition.
4. Upon completion of the Project, all units will be HOME-assisted and carry restricted rent and tenant
income restrictions for the duration of the 10-year affordability period.
5. Proposed Elements of Construction
The proposed scope of work, based on a preliminlllY evaluation, includes the following: replace wall mounted
AIC units with a central H.V.A.C. system; replace electrical system; provide new kitchen cabinets and
appliances; replace the vanities and refurbish/replace bathroom fixtures; replace floor surfaces as needed;
provide A.D.A. accessibility as required; refinish/re-plaster ceiling and wall areas as needed; enhance the
landscaping, repair fences and provide security gate; and repair the existing dock on Normandy Waterway.
6. The following procedures must be followed, prior to the commencement of work on the project:
(a) 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 monthly listing "Consolidated List of
Debarred, Suspended & Ineligible Contractors and Grantees" published by the Federal Government.
(b) A set of fIDal approved plans and specifications for the project approved by the City's Building
DepartInent must be submitted to the Housing Division of the City's CommunitylEconomic
Development Department.
(c) 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.
(d) A copy of the contract between 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 (HOD Form 4010, if applicable), and applicable federal
regulations and standards.
(e) The General Contractor selected must submit evidence prior to the commencement of work,
satisfactory to the City's Insurance Manager, of the following insurance coverage: I) 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.
(t) A cost breakdown, to include direct and indirect costs of the proposed work, based on the actual
contract price.
When the above requirements have been met, the CommunitylEconomic Development Department and the
Building Department will jointly issue a "Notice to Proceed" on the project. If 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, constitute a default under this Agreement.
Exce.ption: Subject to the prior approval of the CommunitylEconomic Development Department and
the Building Department, emergency repairs can be undertaken on the Project.
7. 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.
8. Federal regulations tequire 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 treatInent for ingestion oflead-based paint; of the precautions to betaken; 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 Owner to each tenant, and Owner must retain
evidence of having provided this notification to the tenant in a file for the life of this Agreement.
9. After the property has been rehabilitated, it must conform to the applicable codes, ordinances and
statutes of the City and of Miami-Dade County, including, but not limited to, the South Florida Building Code,
the Zoning Ordinance, and the Property Maintenance Standards.
10. Owner agrees that it will develop an affrrmative marketing plan, with concurrence from the City, that
will comply with the City's adopted affirmative marketing procedures and requirements for projects containing
5 or more HOME-assisted housing units. Owner shall implement an affirmative marketing program that
provides information to, and attracts eligible persons in the housing market area to the available housing
receiving assistance from HOME funds, without regard to race, color, national origin, religion, sex, sexual
orientation, handicap, marital status, familial status, or age. The affrrmative marketing requirements and
procedures adopted by Owner shall include, but not necessarily be limited to, the following:
a. Methods to promote greater choice of housing opportunities;
b. Practices for marketing vacant units that will affirmatively further fair housing (e.g., use of
commercial media, use of community contacts, use of the Equal Housing Opportunity logotype or
slogan, and display of fair housing poster);
c. Special outreach efforts to inform and solicit applications from persons in the housing market area
who are not likely to apply for the housing without special outreach and advertising efforts (e.g., use
of community organizations including, but not limited to: places of worship, employment centers,
community centers, fair housing groups, housing counseling agencies, community development
corporations, and the Housing Authority of the City of Miami Beach). The City shall provide a list
of potential outreach sources to Owner;
d. Maintenance of records describing actions taken to affrrmatively 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 these referrals, and documentation
of any other special outreach activities conducted.
e. A certification that states that the Owner agrees to adhere to any corrective actions the City requires
if affirmative marketing requirements are not met.
II. Project Development Schedule
Closing Date
Commence Construction
Complete Construction
Lease-up
August 31,2000
November, 2000
April, 200 I
May,2001
EXHIBIT B
BUDGET
SOURCES AND USES OF FUNDS
WATERWAY VILLAGE
1945 CALAIS DRIVE
ESTIMATED SOURCES OF FUNDS
CITY OF MIAMI BEACH HOME GRANT
FIRST MORTGAGE FINANCING (BAC FLORIDA BANK)
OTHER GRANT FUNDS
FLORIDA FAIR HOUSING, CORP.
TOTAL
USES OF FUNDS
APPRAISAL
CONSULTING FEES (ARCIDTECTURAL, ENGINEERING)
PROPERTY ACQUISITION
CONTRACT EXTENSION FEES
REHABILITATION COSTS
FINANCING FEES
TITLE INSURANCE & OTHER-CLOSING COSTS
PHASE ONE ENVIRONMENT SURVEY (LEAD-BASED PAINT & ASBESTOS)
INTEREST RESERVE (CONSTRUCTION)
DEVELOPER FEE & OVERHEAD
LEGAL, ACCOUNTING, & AUDIT FEES
TOTAL
$399,800.00
310,000.00
105,000.00
76,382.00
$ 891,182.00
$ 1,200.00
4,000.00
500,000.00
10,000.00
274,354.00
3,100.00
19,000.00
2,500.00
15,700.00
52,328.00
9,000.00
$ 891,182.00
'.
EXHIBIT C
DlSABll..ITY DISCRIMINATION AFFIDAVIT
.'
DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE
NAME OF FIRM, CORPORATION. OR ORGANIZATION fl-o~ IVlA- ~m vl. t+e...>. ,,\l(,.. . (rre.P-
AUTHORIZED AGEN?, CO~!:fTING AFFIDAVIT ~\c:.(~ flCOAIO"-i tVl /
POSITION ""~\ PHONE NUMBER (~ S'bf) - It..JOO
I,
I'\il~ e~Ne.vJO\1
, 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 Amencans with Disabilities Act of 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 III,
Public Accommodations and Services Operated by Plivate 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.
Signature
~2~ - C-v
Date
SUBSCRIBED AND SWORN TO (or affirmed) before me on
J;t..i
~(,J
.
~6"O
(Date)
by AJ, ~H()l.A'( E. r;: I<. OAJOMou . He/She is personally known to me or has presented
(Affiant)
Fc..o R.I I> /J Ate ItI~/(. f t.. I tJ..,,-,..h J"c: ~.!>-.J foJ.Jr,) IfdJPas identification.
(Type of identification)
~+A.LJ ,~/~~
I nature of Notary)
o~y "v4-. ~"r.:"-:-
~~"f\ _
~'."f!I1'.J lit ccn1U1
~o, ...0 AUG. 28'-
e.- t / 7 I~ ~ I
(Senal Number)
1-1~<t..d8J .4 . f1V//O~ 4-
(pnnt or Stamp Name of Notary)
Notary Public ~ (State) Notary Seal
;;1. ? ;)..0 () oJ-
plration Date)
The City of Miami 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 file with the City of Miami Beach.
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