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93-20993 RESO Incomplete , . J::\O" (li tV\ ~0 ?d ~ ::IY>~ ?~ 'k'~ .~\~ , . v l C{lr ol~ !)J ~ Q,. ~ t )// ('tt ~/ ~\\ s ^ RESOLUTION NO. W. tJl) iV VA RBSOLUTION OF THB MAYOR AND CITY COIOlISSION /\ " OF THE CITY OF MIAMI BBACH, FLORIDA APPROVING THE GUIDBLIN1lS FOR THB HOTBL REHABILITATION MATCHING GRANT PROGRAM AND AUTHORIZING THB APPROPRIATION OF $500,000 IN LBGALLY AVAlLABLB FISCAL YBAR 93-94 RESORT TAX PROCBBDS FOR IMPLBMENTATION AND ADMINISTRATION OF THB PROGRAM. q3-20C;~ -~ WRBRBAS, the Hotel Task Force has spent considerable time discussing methods of. increasing the inventory of transient hotel rooms on Miami Be-.c)f';:and WRBRBAS, the Mayor and City of Miami Beach Commission by Resolution No. 91-20385 initiated a hotel rehabilitation loan program ....ith the intent of providing interest subsidies to the o....ners of older, smaller hotels to assist in the rehabilitation of the properties; and WRBRBAS, despite efforts of the city staff and the Miami Beach Hotel-Motel Association to promote the City's loan program through conferences and ....orkshops and other means, no applications were received for the City's loan program; and WRBRBAS, the City Administration and the Hotel/Motel Association has recommended that a matching grant program similar to the already approved loan program be made available to owners of older, smaller hotels to assist with the rehabilitation of hotels; and WHBRBAS, the matching grant concept ....ould allocate up to a dollar-for-dollar match based on a sliding scale formula; and WHBREAS, the City Administration recommends the approval and adoption of these Guidelines by the Kayor and City Commission of the City of Miami Beach, subject to changes as may be required from time to time by the City Attorney; and WRBRBAS, projected FY 93/94 resort tax proceeds will exceed the amount necessary to satisfy all obligations payable to , ' these proceeds, and the projected excess proceeds are sufficient to fund this program: and / WHBR!A8, the City Administration is requesting authorization to appropriate $500,000 in legally available funds from FY 93/94 resort tax proceeds in order to implement and administer said program. NOW, THBREFORB, BB IT DULY RESOLVBD BY THB CITY COIOlISSION OF TaB CITY OF MIAMI BBACH, FLORIDA, tbat tbe Guidelines tor tbe Clty ot Mlaml Beacb Matcbing Grant Program for Hotel Rebabilitation attacbe4 bereto as "Bxbibit 1" are bereby approved an4 adopted, and tbat tbe appropriation ot $500,000 in legally available tun4. .trom FY 93/94 Resort Tax proceeds for lmp1ementation an4 a4ministration ot the program i. hereby authori.e4. PASSBD AlrD ADOPTBD THIS /..'5 -d- DAY OF '1/eU'llo bU' , 1993. MAYOR ATTBSTI CITY cLln FORM APPROVED J LEGAL DEPT. By -::; e,y Date /{-}. "1.l :"l2 8:\ceb\resrtlx.r,o AGENDA I TEll R-i-E }~-IS-9 ~ DATE , ~ , . f" ~ 1 ~ , CD iii = ~~ I~ I Ii It ClIO Ii Ww a:::l :sz ~ c 0 t I i8:!!! ~~ CD ;! ::if! ::ii ::i ::i~ O'2:J I CI CI i~! ~ ~c i ~- ~ ~c ~ :!~ :!! :! :!~ ::i~! ~ a: 0 I I c !1 I 1 ~ s=JI i . 1 - I ti I l = l S j i~li 1 I .z i it t j S ~ . i . 5 I i i };~C1)1 s 8. .z Hil r s :i2 t r S a.... c.I i ~a: I I c Ii I Ifl~ z t ~ - on 0 f e ~ ~ i c i e i If! } z <( 1 '6 Ii j i I t ~ I s= . ., ~ e .:.!f = I . .. i ~f I S tl~ij i ~ 2' N i ~ ~ e'U . I i l I ! ! 1 ! '0 i fg = 9:;8) ...... a iJ s '0 e! 'C i i ~ I a: 2' I ell t! ;.J e e ~; ~l . I,! ! ! ~ ~ .. = f i Ii .c ) I J ! I J I I.. 0 a:1i a: D. a: ... jg _S 2' . i =1 ~ i! I 11 .... af 11 tl ::i i 'I t e I :1 i'i 0 81 :2 eCII I :; :!i!o II CD .. J J -2' if u ~ o5- ....tl 8 2'i a: 11 0 a: :sj "i ~i ie ..~ j~ e t. i 1J ~ ~ ~~ ....~ a:~ . o5, I .. 11 si '04 ,- .e J~ si ee g,o .r l~ II I; it cD. ~ .D g . )e iJ 11 tt 18 !~~ :s I! CICI ::iz ::E::E :tI: ~ ~ ~ ~ ~ ~ ~ t: J: J: J: J: J: J: r- M 0\ 0\ ... . III ... C3 I u fol o '\CTION SUMHARY 1..7. ~ = ;:::: ='",:.) = ~ CA is = = ..... ~ """ =- ..." = = = "-"'> = = = , REGULAR AGENDA ~ DECEMBER 15, 1993 ~ . ~ RESOLUTIONS (CONTINUED) 'ROUGR CRUl, NOT FOR m~mmU1m~ E, COMMISSION MEMORANDUM NO. 711-93 A RESOLUTION OF THE HAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE GUIDELINES FOR THE HOTEL REHABILITATION HATCHING GRANT PROGRAM; AND AUTHORIZING THE APPROPRIATION OF $500,000 IN LEGALLY AVAILABLE FISCAL YEAR 1993/94 RESORT TAX PROCEEDS FOR IMPLEMENTATION AND ADMINISTRATION OF THE PROGRAM. 1. COMMISSION MEMORANDUM NO. 644-93, DATED NOVEMBER 17, 1993. 2. HATCHING GRANT PROGRAM FOR HOTEL REHABILITATION GUIDELINES. ADMINISTRATION RECOMMENDATION: THAT THE CITY COMMISSION ADOPT THE RESOLUTION TO APPROVE THE GUIDELINES FOR THE PROGRAM FOR TRANSIENT HOTELS OF UP TO 250 ROOMS, WITH HATCHING FUNDS RATIO BASED ON PER-ROOM COST. NOTE: EXISTING LOAN SUBSIDY PROCRAM TO REMAIN INTACT IN THE EVENT INTEREST RATE MARKETS CHANGE. (DEFERRED FROM 12/24/93) ACTION: The Manager advised that the potential for loans had been tried unsuccessfully; that the Finance Committee recommended approval of the proposed grant concept for historic buildings (in the City's database) as an experiment (will seek additional resources [Tax Increment Financing, etc.) to expand if successful) but clarify that the funds would be recovered in the event of a sale, refinancing, or default, with provisions waived after 10 years (would then be a grant); that there would be a process with advertising and competing proposals. Commissioner Shapiro expressed opposition to the program, suggesting developers should seek private funding for such projects, considering the attraction to Miami Beach and availability of financing; that the proposed projects be required to demonstrate that 1) the City funds would be utilized to serve a valid public purpose and 2) other funding sources were unavailable; that these tax funds should be used to service the residents'/tourists' needs (public safety, etc.) and not as a gift to private developer(s). Discussion held. Commissioners Liebman and Pearlson suggested this would encourage restoration of historic properties (offset lost tax abatement incentive for properties in the redevelopment area) and maintain the hotel room stock, Resolution No. 93-20993 adopted approving Guidelines as amended, to provide for a loan (not grant) to be repaid upon default, refinance, sale, lease assignment, ceasing to operate as transient hotel, etc., with a sunset no later than 10 years (I-year trial program); applications to be reviewed by Loan Review Committee and approved by Cit~ Commission, (Vote: 5-lr;: Commissioner Shapiro opposed; Commissioner Gottlieb absent.i? i:; North Beach Development Corporation Executive Director Ms. Ronnie Singer asked the; Administration to determine if North Beach properties were in the City's histori~ property database and if not, that they expeditiously be surveyed and added to th!~ database so they could participate in the program. -- ....~.... :.."'", ~" -' .- ~ 7.$: ::=.1 _1 F. CITY ATTORNEY COMMISSION MEMORANDUM NO. 712-93 25 i A RESOLUTION OF THE HAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,~I AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO CONTINUE WITH NEGOTIATIONS FOR'~':: I~: A SECOND AMENDMENT TO MARINA LEASE AGREEMENT; AND AUTHORIZING A THIRD EXTENSION TO THE FIRST AMENDMENT TO MARINA LEASE AGREEMENT FOR A PERIOD NOT TO EXCEED TWENTY-TWO (22) DAYS, SAID PERIOD COMMENCING ON DECEMBER 16, 1993, AND ENDING ON JANUARY 6, 1994. (REGARDING CONSTRUCTION OF DRY STACK STORAGE FACILITY AND ALTERNATIVELY USING SITE FOR CONSTRUCTION OF REQUIRED PARKING, ETC.) Also see related Item R-6C. ACTION: Resolution No, 93-20994 adopted, (Vote: 5-0; Vice-Mayor Eisenberg away from table; Commissioner Gottlieb absent.) During the M.B. Redevelopment Agency meeting, Chief Deputy CIty Attorney John Dellagloria advised that the details of negotiations with the Tallahassee Building Corporation (Marina lessees), the M.B, Housing Authority, and the Portofino Group were related to the public; and the report was well received by the Land Use & Development Committee, South Pointe Advisory Board, and Planning Board. He advised that they would be working with the Portoflno Group regarding concerns raised (development intensity of their proposed project essentially south of 1st Street); that the negotiation results would be submitted to the Commission 1/5/94 or 1/19/94. " RUUGH DUUTI,[iOl FOR msmmuIW;~ 1,,:-;-----.. DECEMBER 15, 1993 -16- CITY HALL 1700 CONVENTION CENTER DRIV,. ".1 BeACH FLORIDA 33139 ~ CITY OF MIAi\/U, BEACH " . OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673.7762 COMMISSION MEMORANDUM NO. ! 11- q 3 TO: Mayor Seymour Gelber and Members of the City Commission- DATE: December 15, 1993 FROM: Roger M, City Manager SUBJECT: .~ APPROVM. OP THB MATCHIHG GRAJI'l' PROGRAM POR HOTEL RBDBILITATIOH ADMINISTRATION RECOMMENDATION: It is recommended that the City commission approve the attached guidelines for the Matching Grant Program for Hotel Rehabilitation in order to facilitate additional projects based upon the awardability of grants as well as loans. BACKGROUND: On December 1, 1993, the City Commission referred the Matching Grant Guidelines for Hotei Rehabilitation to the Finance Committee for review and approval. At the meeting of the Finance Committee held on Thursday, December 9, 1993, Staff presented a potential alternative to the Matching Grant Program in the form of a low-interest loan with a flexible repayment plan. This however, would pose a number of administrative complications in terms of monitoring and expenses. 'The Committee favored the Matching Grant Program, provided that the City has an opportunity to recover its investment in the event of default, sale or refinancing of the property. Staff informed the Committee that the program indeed calls for reimbursing the City in the event that the owner of the property refinances and/or sells the property within ten years of receiving the grant, or defaults on the conditions of the program. The Committee also called for approving the program for a one year trial period, upon which if successful, could then be extended and enhanced with additional funding. Commissioner Neisen Kasden made the motion approving the Matching Grant Program with the repayment provision for a one-year trial period. commissioner sy Eisenberg seconded the motion. The Committee also directed staff to advertise the program to the pUblic. ANALYSIS: The City has already received a warm reception for the proposed Matching Grant program from hotel owners. It is anticipated that by early January, we will be receiving applications for some very exciting projects. "8 ... -1- AGENDA ITEM R-1-~ DATE ~2-IS-q3 PROGRAM FUNDING: At present, the program is funded from a $500,000 allocation of Resort Tax. After monitoring the effectiveness of the program over a one-year trial period, the Administration may recommend either increasing or decreasing the funding from Resort Taxes and possibly Tax Increment Financing to accommodate program needs. CONCLUSION: It is recommended that the City Commission approve the attached guidelines, creating the Matching Grant Program for Hotel Rehabilitation for a one-year trial period and retaining the existing Loan subsidy Program intact in the event interest rate markets change in the future. . RMC: jph Attachment . -2- :(9 CITY OF MIAMI. BEACH ., " CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 641=..93 TO: Mayor Seymour Gelber and Members of the City Commission DATE: November 17, 1993 FROM: Roger M. Carlt...[) J . . /J / City Manager "'bV1llktt4..IA:::::::- SUBJECT: ADDITION OF MATCHING GRANT COMPONENT TO THE PROGRAM FOR HOTEL REHABILITATION ADMINISTRATION RECOMMENDATION: It is recommended that the City Commission approve the attached revised guidelines for the Matching Grant Program for Hotel Rehabilitation in order to facilitate additional projects based upon the awardability of grants as well as loans. BACKGROUND: The City of Miami Beach initiated a Hotel Rehabilitation Program over a year ago with the intent of assisting owners of small hotels to rehabilitate and upgrade their properties. Despite efforts of City staff and the Miami Beach Hotel/Motel Association, with conferences and workshops and other contacts, no candidates applied. The City Administration conferred with the Hotel/Motel Association and has recommended creating revised guidelines which would allow, similar to the Multi-Family Rehabilitation Program, a matching grant option. The option is of interest to at least two hotel developers and, if approved by the City Commission, the ~dministration foresees coming back with at least one contract for a major rehabilitation. The program is designed to assist the smaller, predominantly historic hotel inventory with a maximum 250 room requirement. ANALYSIS: The existing program which is structured as a loan subsidy, has received very little interest for two primary reasons: Many hotel owners and operators were either not in a financial position to take on additional debt and those that could take on the debt, or found that market interest rates were low enough not to require City assistance. Page 5 of the attached revised guidelines outlines in detail the terms and conditions for the Matching Grant Program. Matching grants will be awarded on the basis of the quality and dollar amount of the proposed project (calculated on a per-room basis). The match will be calculated using the following sliding scale: Project Cost oer Room Ratio of dollar match to Private Investment $6,000 to $8,000 $4,000 to $5,999 $2,000 to $3,999 1 to 1 1 to 2 1 to 3 -1- 30 If the project is refinanced, sold or the lease is assigned in the first ten years, the grant funds must be repaid. This concept has been approved and utilized as an alternative for the Multi-Family Rehabilitation Program and, in that case, has even passed the scrutiny of U.S. HUD. The City's Loan Review Committee would continue to be utilized to review and recommend specific applications to the City Commission. PROGRAM FUNDING: At present, the program is funded from a $500,000 allocation of Resort Tax. In future years, after monitoring the effectiveness of the program, the Administration may recommend either increasing or decreasing the funding from Resort Taxes and possibly Tax Increment Financing to accommodate program needs. CONCLUSION: It is recommended that the City Commission approve the attached guidelines, creating the Matching Grant Program for Hotel Rehabilitation and retaining the existing Loan Subsidy Program intact in the event interest rate markets change in the future. RMC: jph Attachment . -2- 31 CITY OF MIAMI BEACH MATCHING GRANT PROGRAM FOR HOTEL REHABILITATION GUIDELINES INTRODUcnON The Matchla& Grant Program ror Hotel Rebabilltatlon is designed to provide direct matching grants to owners of hotels in Miami Beach to rebabilitate their properties. The objective of the program is to encourage the enhancement of the City's transient botel room supply in order to meet the needs of the Miami Beach Convention Center as well as to become a truly competitive business and leisure destination. Through this program, the City will use unencumbered Resort Tax Funds to provide up to a 50 percent matching grant to eligible hotel owners wbo qualify according to the criteria and conditions specified in the following guidelines. DEFINITIONS OF TERMS 1. Genem In construing the provisions of these guidelines, words and terms not defmed herein shall be interpreted in accordance with their normal dictionary meaning or in the absence thereof, customary usage. Z. DeRnltlo... The following are defmitions of various terms as used with respect to the federally-funded facade renovation program: a. .Q1I - Tbe City of Miami Beach. Obligations of either an applicant or a contractor, are obligations owed to the City of Miami Beach. However, dealings will be with the City representatives as indicated in these guidelines.. b. Codes and Ordinances - Applicable codes, ordinances and statutes ofthe City and Dade County including. but not limited to, the South Florida Building Code, tbe Zoning Ordinance, and Property Maintenance Standards. c. Cost-ner-Room - Overall project cost (inclusive of public space, landscaping and pbysical plant) divided by the total number of guest rooms in the hotel. . d. DeveloDmenl Desim and Historic Preservation Division - The Division of the City of Miami Beach designated to administer tbe Matching Grant Program e. Desim Guidelines - Applicable guidelines of the City including, but not limited to, the Miami Beach Design Review Guidelines, the Comprebensive Plan and the Zoning Ordinance of the City of Miami Beach. 1 33 f. Elil!ible Costs - Those construction and architectural costs, building permit Or related fees as required by the work write-up to carry out the intended rehabilitation of the property. and as further defmed on page 4 under Eligible Rehabilitation Costs. g. Matchillll Grant - An outright disbursement of unencumbered Resort Tax funds requiring no repayment unless the ownership of the property is transferred, a lease of the property is assigned or sublet, or the property ceases to operate as a transient hotel within ten (10) years of receiving grant funding. h. Oualified Elil!ible Contractor - Licensed by Dade County and the City of Miami Beach for the type of work being performed. Contractors must have proof of adequate Worker's Compensation insurance coverage for his/her work force, and a minimum of S3OO,OOO/$100,OOO liability coverage as required under the State guidelines, in case of injwy or damage to the owner or general public. i. Oualified Elimble Work Force - Use of an adequate number of skilled workmen/women who are thoroughly trained and experienced in the type of rehabilitatioD work being performed and who are familiar with the specified requirements and the methods needed for proper performance of the work. j. RelNlations - Applicable local, state and federal regulations and provisions governing program administration. k. Rehabilitation - The restoration of a structure or facilities in coDDeclioD with a structure, to a condition of good repair and competitive position. CITY'S REVIEW OF APPLICATIONS The Department of Development, Design & Historic PreservatiOD shaD make an initial determination as to whether or not the applicant and the property are eligible for the matching grant as set forth in the guidelines, The application will then be reviewed by the Loan RevIew Commlt1ee (LRC), a five member committee appointed by the City, responsible for the reviewing and recommending to the Miami Beach City Commission the applications which should receive funding under the program. If the application is approved by the Miami Beach City Commission, a fund commitment will be issued, and a reservation of funds will be made for the project. Only applications which haw been reviewed and recommended by the LRC to the Miami Beach City Commission, shaD be eligible for a City of Miami lieach Matching Grant Program for Hotel Rehabilitation, If the City dctennines that an application is not consistent with the criteria and requirements for eligibility, it sbaD set forth in writing the reasons substantiating its fmdings. Such fmdings shall be forwarded to the applicant , within 30 working da)S from the date the initial determination of ineligibility is made. Notice of disqualification, ineligibility or deDial of grant award will be provided to each applicant by certified mail with a statement that applicants who wish to contest the fmdings must request review of the decision in writing and postmarked or hand delivered within 14 calendar da)S of receipt of the notice. The request for review must be med with the Development, Design and Historic Preservation Division Director. Failure to 61e a request for review in the time and manner specified shaD constitute a waiver of proceedings under these guidelines. The request for rc\iew must specify, in detail, the basis for review and clearly describe disputed issues or material facts, A final 2 34 determination, including wrillen notice thereof, shaD be made and provided to the applicant within 20 working days of receipt of the request for review. The Miami Beach City Commission will have final authority to approve the applications for funding. PROPERTY OUALIFICATIONS A1J.y property to be considered for a matching grant, must meet the foUowing qualifications: . The property must be located within the boundaries of the City of Miami Beach. . The property must be a purely transient botel' or vacant upon application and operate as a transieot hotel for a minimum of ten years after rehabilitation. . The property cannot exceed two hundred and rlfty (250) hotel rooms in size upon application. . Hotel guest rooms must conform to size requirement specified in the City of Miami Beach's Zoning Ordinanc:c: . The property must be in need of rehabilitation to comply with the applicable codes and ordinances as detenniDed by a City inspection. . The rehabilitation of the property must be physicaUy and rUlanciaUy feasible for such rehabilitation, based primarily on the market potential of the property after rehabilitation; and, its projCcted income sufficient to service the debt after aD operating expenses for the property are paid. . The property was not previously assisted through' City programs. . If applications have been submilled for more than one City program, the property is only eligihle for one (1) award. APPLICANT ELIGIBILITY CRITERIA The applicant requesting a matching grant must meet the foUowing eligibility criteria: . The applicant must have fee simple title to, or a rmn contract to purchase fee simple title to the subject property. In the case of a purchaser, the applicant must be able to demonstrate a financial commitment to purchase the property as evidenced by a sales contract or simUar agreement with the present owner of the building, sbowing at the time of the application, control of the property. At the time of grant funding, the applicant must be in possession of the property; or . The applicant must have at a minimum, a rtfteen (15) year leasehold interest in the property, demonstrated by a lease contract or similar agreemenL I TnulsleDt Hotel . A building containing a room or a group of rooms, with ingress or egress which mayor . may not be through a common lobhy, intended for rental to transients on a day-ta-day, week-ta-week, or month- ta-month basis not to exceed thirty (30) days during anyone stay; and, not intended for use or used as a permanent dwelling. · Hotel Unit Size RequIrements' . Loc:aI Historic District . 200 sq.ft. . All Other Areas - 15% of units @ :JOO..335 sq,ft. 85% of units @335+ sq.ft. 3 ~15 . The appliCllllt must demonstrate to the satisfactioD of the City, its ability to provide any additiooal funds as Deeded over and above the amount of the grant award to assure completioD of the rehabilitatioD work so that the building being rehabilitated, will at a miDimum, comply with the applicable codes and ordinances. ELIGIBLE REHABILITATION COSTS A matching grant for hotel rehabilitatioD may be made oDly with respect to a property which Deeds to be brought up to applicable codes and ordinances. However, withiu the limitations of the grant, the grant may also include amounts for purposes other than meeting those requiremeDts. ID additioD to those costs for rehabilitatioD to make the property comorm to the applicable codes and ordinances, a rehabilitatioD grant may include funds to cover the costs described below. Includable costs for labor and materials should be considered in the foUowiag order of priority: . IncipieDt Violatioll$' ImprovemeDts to correct violations and/or coDditioll$ which may, in the OpiniOD of the City, develop into hazardous conditioll$ and/or code violatioll$, . Good and Readily Maintainable CoDditioD - ImprovemeDts Decessary to put the property and facilities in a coDditioD. which requires a miDimal amount of mainteDance, and wheD appropriate, improvcmeDlS which coose~ energy. . General Property Improvemellts - ImprovemeDts which are in additioD to those required in applicable codes and ordinances, including IaDdscaping. parking. public areas and other ancillary compoDellls. Such costs sbaD DOt exceed twellty perceDt (2O'Jf>) of the total rehabilitatioD costs. · Purchase, instaUatiOD or repair of futftichi"p . Reasollable fees paid for professioDaI services in preparing work write.ups, cost estimates, working drawings, specifications, coDStructiOIl coDtract documeDts, supervisioD and other designated tasks. . An amount 1101 to exceed teD percellt (10%) may be included in the grant as a coDtingeDCY for any unforseeD includable CODStructiOD costs. NON.ELlGlBLE COSTS The foUowiag costs 1101 eligible for the matching grant program: . R__f1......i... of existiDs mortgages. · I'uIdIaaiDc of the property. . New coastrUctioD or expansioD of the size of the structure. . Delioqueat taxes, insurance paymeDts, liens, cbarges and assessmeDts. It sbaD be the applicant's . reapoaaibility to bring these paymeDts curreDt and to satisfy in CuD any liens, charges or assessmeDts agaiDst the property prior to receiving grant fuDds from the City, 4 ~6 TERMS AND CONDITIONS FOR THE MATCHING GRANT PROGRAM This section sets forth the City of Miami Beach required terms and conditions for the Matching Grant Program. MatcblDl' Grant Awards Generally, an applicant may receive a grant to cover up to 50% of the total project costs. The 50% matching grant may only be used for eligible costs. The minimum matching grant amoun~ to be provided by the City shall include all costs necessary to bring the subject property into compliance with applicable codes and ordinances. Matcbing Grants will be awarded on the basis of the quality and dollar amount of the proposed project (calculated on a per-room basis), The match will be calculated using the following sliding scale: Project Cost Per Room Ratio or Dollar Matcb To PrIvate Investment $6,000 - $8,000 $4,000 - $5,999 $2,000 - $3,999 1to 1 1to 2 1to 3 Tbe City may increase such limit if unforeseen costs arise - after construction has commenced - that arc directly related to major structural work or general contractor disputes. This increase shall not exceed 10% of the total project costs and is subject to the availability of funds. If the amount will exceed 10%, the applicant must, at a minimum, match the amount equally. AvallabllllY 01 Funds Matching Grant awards will be made on a flfSt-come-lirst-serve basis and shall be limited by tbe amount of funds available to the Program. Points or ABeement The applicant shall agree, as required by the related documents, to abide by all applicable City, County and State regulations, and the following terms and conditions: . Completion or Work - Assure that the rehabilita.tion work shall be carried out promptly and efficiently through a wrillen contract with the concurrence of the City, and completed within a certain time as established by the City. . In case of construction cost ovo:rruns, any additional funds needed to complete the project must be providcd by the applicanL The City will not be obligated to fund the additional amounts. . . Applicants may select their own contractor and do not havo: to use competitive bidding procedures, . Access to Property and Records - At any time during the rehabilitation period, designated personnel of the City of Miami Beach shall havo: the right to inspect the rehabilitation work, contracts, materials, equipment. payrolls and all records with respect to the project. 5 37 . Applicant'. Inspector. The applicant sball be required to retain lbe services of a qua1ified inspector, i.e., licensed architect or professional engineer, who must periodically inspect the project and certify to the Department of Development, Design and Historic Preservation on a monthly basis, the percentage of the work completed in accordance with plans and specifications. The American Institute of Architect's standards or equivalent, must be used for sucb certifications. The applicant is solely responsible for compensating this inspector for any services provided. . Insunnce . Maintain bazard, liability and flood insurance on tbe property as requited by industry standards. . Conmel or Interest - Allow no member of tbe City Administration, City employee, public official or member of the State or County Government, wbo exercises any functions or responsibilities in coDDection with the administration of lbe Program or approval of the project, to have any interest, direct or indirect, in the proceeds of the grant payment, or in any contract entered into by the applicant for the performance of the work flDanced, in whole or in part, with the proceeds of the matching grant program. . Transfer or RellDanclu& the Propert)' - Sbould there be a transfer or refmauciDg of lbe prnperty, a lease of the property is assigned or sublet, nr the property ceases to operate as a transient botel during or within ten (10) years of the coDlpletion of the rehabilitation project, the owner or lessee of the property must make provisions to reimburse the City of Miami Beacb all of the grant money received. . PROCESSING APPLICATIONS AND DISBURSING FUNDS AppllcaUoa Snbmllllou RequIre_is: Under lbe program, an application for a matching grant must include the foUowiug: a. Completed application form; and b, Tbree F"mauciaI References c. Proof of owuersbip (deed or sa1es contract) or long-term lease (lease agreement); and d. Organizational doewueuts (if other than individual); and e. Copy of executed constrUction contract entered into by the applicant and a licensed General Contractor, which includes commencement and completion dates, contract amount, scope of work and applicable regulations and standards. f. Description of proposed work . A written description of the rehabilitation work intended to be accomplished to restore the property, identifying each item and setting forth melbods to correct lbe deficiencies, as weD as an itemized cost estimate sbowing the probable constrUction cost for eacb deficiency to be corrected; and f, A copy of fiDa1 approved plans and specifications for tho rehabilitation of the project, by the City's Building Department, Which include proof of satisfaction of all variances requited, and compliance with an Ioca1 codes and standards. Plans must also comply with the requirements of the City's PIaaaiag and Zoning Department; and g.1f applicable, approval of the proposed improvemeots from lbe State of Florida Historic Preservation . Officer (SHPO). For this purpose,tbe applicant will have to provide working drawings, photographs and certification forms, as determined necessary by the SHPO. b. AU applicable buildiag permits must be obtained, from lbe City's Buildiag Department, as required by applicable City Ordiaance. Also, any other necessary local and State permits and approvals from any other governmental authorities must be obtained; and 6 38 i. Photographs of the property, to include exterior shots of all sides of the building, and interior sbots of the units whicb exhibit the need for work to be performed and tbe specific areas to be improved; and j. Two (2) sets of to-scale plans of the proposed project that include: site plan, floor plans, elevations, and a suney; lUId k. An EP A study or audit of the building. 1. Evidence, satisfactory to the City's Risk MlUIager, of proper insurance coverage. m. Any other requirements determined necessary by the City; and n. A non-refundable application fee of S2S0.00 The applicant's proposal will be reviewed by the LRC. If the proposal is recommended for funding by the LRC to the Miami Beach City Commission, and the proposal is approved by tbe Miami Beach City Commission, the amount of grant will be estimated, a funding commitment will be issued and a reservation of funds will be made for the project. GRANT DISBURSEMENT After a grant award agreement bas been executed, and a notice to commence constrUction has been issued by the City, the gralit amount may be disbursed as foUews: a. A payment equivalent to ninety percent (90%) of the total grant award, upon substlUltial completion of the of the rebabilitation project. (as certified by the Owner's Inspector), b. The remaining ((mal) ten percent (10%) of the grant amount shall be paid upon compliance by the appliCllllt and/or general contractor, with the foUowing: (1) Receipt by the City of a (mal Certification of Completion; and (2) Approval and acceptance of the rehabilitation work by all the governmental agencies and authorities having jurisdiction over the project, including the issuance of a Certificate of Completion or Certificate of Occupancy, as applicable; and (3) Receipt and approval by the Department of Development, Design and Historic Preservation of a certified statement showing that the property is free and clear of mechanics, materialmen's or any other type of liens of obligations relating to tbe construction of the project. Item (3) must be submitted by the appliCllllt wit1Wr thirty (30) days from the date when a Final Certificate of Completion is issued. Co In a manner requested by the appliCllllt and approved by the City. . 7 :is 4. Cancellation and Refund of MatehlDll Grant At its option, the City reserves the right to cancel and terminate the Matching Grant Agreement, and, if applicable, request the return of all or a portion the matching grant award, sending a wrinen, certified notice of caneeUation to the applicant at hisfher mailing address if: (I) fo, a period of 30 days from the notice to commence work, the applicant shall have failed or refused to cause the commencement of physical rehabilitation work on said property; or, (2) if the applicant failed or reCused to complete such work within a time specified in the City's doeumenls; or (3) if the City determines that the purposes of the grant have been rendered impractical of fuIf'illment. Any evenls of default pursuant to any applicable contract or law, will constitute a default to the terms and conditions of the Program. Tbe City's failure to exercise any rights or remedies to which it is entitled hereunder, shall not be deemed a waiver thereof. Applkable F_ An application fee of $2SO.oo is due at time of submission of the application to the Department of Development, Design and Historic Preservation. . 8 40 'l LOAN REVIEW COMMI'ITEE This Section sets forth the role aDd responsibilities of the City's loaD Review Comminee (LRC). Memben The LoaD Review Committee shall consist of five (5) members as foUows: . City MaDager or a desigaated representative of the City MaDager's Office; · Tbe Development, Desiga &; Historic Preservation Director; aDd . Three members from different private Lenders with offices located in the City, appointed by the City Coaamission to serve for a one (1) year term. Tbe members wiD elect a chairperson, who wiD serve at the wiD of the CODiminee. All meetings shall be called aDd set by the chairperson as needed, aDd sball be open to the pub6c:. Three (3) voting members sball constitute a quorum necessary to hold a meeting or take aDY action. The Development, Desiga &; Historic Preservation Director or a designated representative from the Economic and Coaamunity Development Department shall act as a direct 6aison between the app6c:ant, the LRC aDd representatMs of the City. Dull_ aDd ResDOllllbllltles or the I Alan Review Committee The LoaD Review Commitlee shall: . Study proposals aDd review the property qua1i/ic:ations aDd e6gibility of the app6c:ant. . If necessaty, interview the app6C811t to obtain additional informatioll about the proposal. . Evaluate proposals and recommend to the Millllli Beach City Commission which proposals sball receive approval (reservation of funds) and specify time frames and conditions for such commitment. . Recoaamend to the Miaaai Beach City Commission tbe amount of the grant award per app6c:ant aDd set tbe reservation of funds for those projec:ts upon the approval of the City Commission. .. Review and make recommendatioas on any requests made to tbe City for aD assignment or material cbange in aDY of the terms of the Grant Agreement. . Periodically review these Guidelines and make recommendations to the City Commission for action. The LoaD Review Commitlee wiD haw, at its discretion, the OexibiJity to ease and/or modify the guideline criteria, depenclina on the respective needs of eacb app6c:ant. AnnllcabllltY t1I CItY Raolullons and RetmlatJonl 411 resoIutioas, ruIeI, and regulatiODl, enacted by the City regarclina membership, atlendaDce, removal of . members, voting and quorums, as lIlIlended from time to time, shall apply to the loaD Review Committee. 9 41 DEFAULTS In the event of default by tbe applicant on tbe City of Miami Beacb's terms and conditions for the program, the applicant sball reimburse tbe City the full amount of tbe grant funds received, at whicb point, tbe City sball bave no further flDancial interest in tbe subject property, nor any furtber responsibility, liability, duty or obligation to the applicant, or any otber party, and tbe City sball be entitled to recover all sucb costs arising out of the default. . 10 42