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HomeMy WebLinkAboutHome Program Agmt. Katleen L Valbuena HOME PROGRAM AGREEMENT This Agreement is entered into this '3l day of _~~~ 2007, by and between the City of Miami Beach, a Florida municipal corporation, having its princip office at 1700 Convention Center Drive, Miami Beach, Florida, hereinafter referred to as the "City", and the Miami Beach Community Development Corporation, a Florida corporation having its principal office at 945 Pennsylvania Avenue, Miami Beach, Florida, hereinafter referred to as the "Provider". WITNESSETH: WHEREAS, on September 10, 2003, the City and the Provider entered into an Agreement for the implementation of a Home Buyer Assistance Program which is incorporated herein by reference; and WHEREAS, on December 7, 2005, the Mayor and the City commission passed Resolution No. 2005- 26066, authorizing the Mayor and City Clerk to execute a HOME Program Agreement, providing $118,030 of HOME-ADDI Funds for the purpose of providing down-payment assistance to eligible first time home buyers, and WHEREAS, it is acknowledged and agreed that funds utilized for payment to the Provider derive from Federal HOME-ADDI Investment Partnerships Program (HOME-ADDI) funds, and that such funds are appropriated to the City by the U. S. Department of Housing and Urban Development (HUD), for the uses and purposes herein referred to; and WHEREAS, the Provider has acknowledged and agreed to administer the HOME-ADDI funds in accordance with the requirements outlined in 24 CFR Part 92 (HOME-ADDI Investment Partnerships Program Final Rule), as amended from time to time, and which is incorporated herein by reference. NOW, THEREFORE, the parties hereto agree as follows: SECTION I: L1SE OF THE HOME FUNDS The Provider shall use HOME-ADDI funds, in the amount of Ten Thousand Dollars ($10,000), (the Funds), to provide assistance to Katleen L. Valbuena (hereinafter referred to as Owner), for the purchase of housing located at 6801 Indian Creek Drive, Unit 203, Miami Beach, Florida, 33141 (hereinafter the Subject Property). SECTION II: AFFORDABILITY The Provider agrees to implement the activity described in this Agreement in a manner that will ensure that housing assisted with HOME-ADDI funds, and the Funds herein in particular, meets the requirements of 24 CFR Part 92.254 (Qualification as affordable HOME ownership housing). The Funds shall be provided to the Owner in the form of a Deferred Payment Loan, the terms and conditions of which shall be reflected in a Second Mortgage and Note (the HOME-ADDI Mortgage), attached hereto and incorporated herein as Exhibit "A", to be executed by Owner at the time of closing. No interest will be charged on the HOME-ADDI Mortgage and repayment will be at the time of any sale, transfer, or refinance of the subject property, as set forth in the HOME-ADDI Mortgage. The Provider shall ensure, through the execution by Owner of the HOME-ADDI Mortgage, that Owner shall return to the City, the full Funds, in the amount of $10,000, as applied toward this individual real estate transaction, at the time of any sale, transfer or refinance of the Subject Property according to the terms and conditions reflected in the HOME-ADDI Mortgage, Subsection I. Owner is required to use the Subject Property as a principal residence fora 5-period (the Affordability Period). Sublease or rental of the Subject Property during the Affordability Period is not permitted. If, during the Affordability Period, the Subject Property is no longer used as a principal residence by Owner, the Funds shall become immediately due and payable. The Owner must notify the Provider of any change in residence. SECTION III: INCOME TARGETING The Provider shall ensure that one hundred (100%) percent of the Funds are invested with respect to dwelling units that are occupied by income-eligible persons earning at or below 80% of median family income at the time of occupancy or at the time Funds are invested, whichever is later. SECTION IV: REPAYMENT The Provider agrees that it is implementing this Agreement while acting in the capacity of a HOME Program Community Housing Development Organization (CHDO). In the event that repayment of the Funds is required, the Provider agrees that the Owner, its successors, heirs and assigns, shall remit the funds to the City. SECTION V: PROJECT REQUIREMENTS The Provider agrees to comply with requirements of 24 CFR Part 92, Subpart F, as applicable. SECTION VL• PROPERTY STANDARDS The Provider shall execute an agreement with the Owner in which the Provider agrees to transfer the Subject Property in compliance with 24 CFR Part 92.251 which requires the housing to meet all applicable local housing quality standards and code requirements, rehabilitation standards, ordinances, and zoning ordinances at the time of project completion (except as provided in 24 CFR 92.251(b)), as documented in an inspection report completed by qualified City or Miami-Dade County inspectors. SECTION VII: REQUEST FOR DISBURSEMENT OF FUNDS The Provider will not request disbursement of Funds under this Agreement until such time as the funds are actually needed for payment of eligible costs. The amount of each request must be limited to the amount needed. All requests must be submitted in writing and must include substantiating documentation sufficient to evidence the need for, and the eligibility of, the costs. The Provider shall submit all necessary documentation relative to each HOME-ADDI ownership transaction to the City's Neighborhood Services Department, Housing Division, for prior review, a minimum of thirty (30) days prior to the disbursement of the Funds for the individual transaction. SECTION VIII: REVERSION OF ASSETS The Provider agrees to transfer to the City at the time of expiration or termination of this Agreement, any HOME-ADDI funds on hand at the time of expiration/termination and any accounts receivable attributable to the use of HOME-ADDI funds. Notwithstanding the preceding sentence, in the event of termination of this Agreement, as provided in Section X of this Agreement, the City reserves any and all rights, whether at law or 2 equity, to recoup the full amount of HOME-ADDI Funds used to fund this Agreement from Provider, and further including any reasonable costs and attorney's fees that the City may incur as a result of paid action against Provider. SECTION IX: RECORDS AND REPORTS The Provider shall, within thirty (30) days after closing on the Subject Property, ensure prompt and efficient submission of the following to the City's Neighborhood Services Department, Housing Division: 1. Copy of closing documents including certified copies of the fully executed and recorded Warranty Deed, original HOME-ADDI Mortgage and Note, Settlement Statement, Title Insurance policy and executed copy(ies) of First and Second Mortgage, as applicable. 2. The agreement between the Provider and Owner as described in Section VI of this Agreement. SECTION X: ENFORCEMENT OF THE AGREEMENT /TERMINATION The terms and conditions of this Agreement, including the affordability requirements and the Affordability Period, shall be enforced through the HOME-ADDI Mortgage recorded against the Subject Property; said HOME-ADDI Mortgage to be executed by Owner at the time of closing, and recorded pursuant to Section IX above. The City may suspend or terminate this Agreement if, in the City's sole discretion and determination, the Provider fails to comply with any of the terms and conditions of this Agreement, and Provider fails to cure such default(s) within seven (7) days notice of same from the City. Additionally, the City may terminate this Agreement, for convenience, upon seven (7) days notice to Provider, in accordance with 24 CFR 85.44. In order to further ensure the enforcement of this Agreement, the Provider must obtain the written consent of the City prior to any assignment or transfer as defined by this Section. In the event such consent is not obtained in the manner prescribed herein, the City shall be entitled to declare a default, terminate this Agreement and resort to its rights and remedies against the defaulting party, as set forth above. SECTION XI: DURATION OF THE AGREEMENT This Agreement shall remain in full force and effect for until such time as all, or a portion ofthe Funds utilized in this transaction, are returned to the City in accordance with the terms of the HOME-ADDI Mortgage. SECTION XII: SEPTEMBER 10.2003 AGREEMENT INCORPORATED All terms and conditions of that certain Agreement, dated September 10, 2003, between the City and the Provider, as the same maybe amended from time to time, are incorporated by reference into this Agreement to the extent that it is not inconsistent with any terms herein. In the event of any inconsistency, this Agreement shall prevail. THIS SPACE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials on the day and date first above indicated. WITNESS GL WITN SS THE CITY OF MIAMI BEACH, FLORIDA Jo ge M. Gonza Manager MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION A Florida not-for-profit corporation ATTEST: ~<' Secretary o erto Datorre, President AGREED TO AND ACCEPTED BY: OWNER Print Name '~ ~ -~-- APPRO ~4itness ignature FORM 8~ es~ FOR E Print Name ~ _ City Owner's AS TO 4