96-22064 RESO
RESOLUTION NUMBER
96-22064
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
MULTI-FAMILY HOUSING REHABILITATION PROGRAM
MATCHING GRANT AGREEMENT TO PROVIDE ASSISTANCE IN
THE AMOUNT OF $80,000 UNDER THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDED MUL TI-
FAMILY HOUSING REHABILITATION PROGRAM, FOR THE
PROPERTY LOCATED AT 345 COLLINS AVENUE; FURTHER
PROVIDING THAT APPROVAL AND EXECUTION OF THE
AGREEMENT BE CONTINGENT UPON CERTAIN OTHER ITEMS
DESCRIBED HEREIN, INCLUDING APPROVAL OF THE
PROJECT BYTHE FLORIDA STATE HISTORIC PRESERVATION
OFFICER.
WHEREAS, the City has established a program to encourage the rehabilitation of existing
substandard multi-family buildings using funds supplied through the U.S. Department of Housing
and Urban Development (HUD); and
WHEREAS, on September 27, 1995, the Mayor and City Commission approved and
adopted revised guidelines for providing assistance to property owners under the programs
sponsored by HUD; and
WHEREAS, the Multi-Family Housing Rehabilitation Program is administered by the City's
Housing Section of the Department of Development, Design and Historic Preservation; and
WHEREAS, the City has received an application under the Guidelines for funding of the
rehabilitation of an existing 8-unit building located at 345 Collins Avenue; and
WHEREAS, the Owner of the property has agreed to offer a minimum of 5 of the 8
residential units at reduced rental rates for a minimum of three (3) years as available affordable
rental housing; and
WHEREAS, the City's Loan Review Committee, at its June 21, 1996 meeting, reviewed
the application for assistance and recommended its approval by the Mayor and City Commission
contingent upon certain items; and
WHEREAS, the Administration now requests that the attached Matching Grant Agreement
be approved by the Mayor and City Commission and executed by the Mayor and City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA THAT:
Section 1.
The Mayor and City Commission hereby approve the attached Multi-family
Housing Rehabilitation Program Matching Grant Agreement to provide
Community Development Block Grant (CDBG) funds for the 8-unit
apartment building located at 345 Collins Avenue.
Section 2.
Section 3.
The Mayor and City Commission~ authorize the Mayor and City Clerk
to execute the attached Multi-Family Housing Rehabilitation Program
Matching Grant Agreement.
The aforestated approval and execution of Agreement shall be contingent
upon: (a) approval of the project by the Florida State Historic Preservation
Officer; (b) approval of the proposed plans and specifications and landscape
plan by the City's Design Review, Historic Preservation and Planning
Department staff, as well as by the Building Services Division; (c) the
provision of evidence that the Owner has financial capability to complete the
project, or has provided to the City a firm financial commitment in writing
from a recognized lending institution sufficient to complete the project; (d)
that the building be surveyed by a qualified Structural Engineer, and that a
firm estimate of the costs of the structural repairs necessary to bring the
building into compliance with the currently applicable Building Codes be
submitted to the City, (e) that the City's lien provided by the Agreement be
in at least second position behind the existing $225,000 first mortgage, and
(f) the Owner entering into the attached Agreement with the City outlining
the terms and conditions for the provision of funds in accordance with the
requirements of the program, and of this Resolution.
PASSED AND ADOPTED THIS
,1996.
ATTEST:
lRo~~ p~
ROBERT PARCHER, CITY CLERK
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LEGAL~
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f :Iddhpl $ alllC HIRES0\345 COLLN. RES
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. 433 - 9 ~
Mayor Seymour Gelber and
Members of the City Commission
DATE:
July 17, 1996
Jose Garcia_pedrosl!!
City Manager
A RESOLUTION F THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE ATTACHED MULTI-FAMILY HOUSING
REHABILITATION PROGRAM MATCHING GRANT AGREEMENT TO
PROVIDE ASSISTANCE IN THE AMOUNT OF $80,000 UNDER THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDED MUL TI-
FAMILY HOUSING REHABILITATION PROGRAM, FOR THE PROPERTY
LOCATED AT 345 COLLINS AVENUE; FURTHER PROVIDING THAT
APPROVAL AND EXECUTION OF THE AGREEMENT BE CONTINGENT
UPON CERTAIN ITEMS DESCRIBED IN THE RESOLUTION ATTACHED
HERETO.
ADMINISTRATION RECOMMENDATION:
The Administration Recommends that the Mayor and City Commission adopt the attached
Resolution authorizing the execution of a CDBG-funded Multi-Family Housing
Rehabilitation Program Matching Grant Agreement with Joaquin and Sonia Perez
(Owners), for a project located at 345 Collins Avenue in the amount of $80,000.
BACKGROUND:
The City, through the Housing Section of the Economic Development Division of DDHPS,
administers the Multi-family Housing Rehabilitation Program:/ The City has offered this
financial assistance for the past fourteen (14) years, resulting in the successful renovation
of over 1,100 units of rental housing.
On September 27, 1995, the Mayor and City Commission adopted revised Guidelines
governing this program. The Guidelines for this program requires that the building be
maintained in rental use for three (3) years. The City's Agreements with the property
owners include stipulations requiring repayment to the City if the Owners fail to perform the
requirements of the Agreement.
AGENDA ITEM C 1 L-
DATE~
COMMISSION MEMO
JULY 17, 1996
PAGE 2
On June 21, 1996 the City's Loan Review Committee (LRC) reviewed an application for
funding for this property, and voted to recommend the project for approval by the Mayor
and City Commission, subject to certain contingencies. The project is herewith presented
for City Commission approval:
345 COLLINS AVENUE Funding Applied for: $80,000
The 4,750 square-foot two-story building at 345 Collins Avenue was built in 1936, and
contains 4 one-bedroom and 4 two-bedroom apartments, a total of 8 units. The
architecture of the original structure is "Streamline Moderne". This building was designed
by Architect L. Murray Dixon, and is one of his first Art Deco buildings, the building is
considered a "Contributing Structure" to the recently designated Ocean Beach Historic
District. The site is lot 14 of Block 4, of Ocean Beach Subdivision, as recorded in Plat
Book 2, Page 38, of the Public Records of Dade County Florida, containing 6,500 square
feet (50' x 130').
Mr. Joaquin Perez and Mrs. Sonia Sosa Perez, of 6780 Coral Way, Miami, FL, hold title
to the property, which was purchased by them in March 1996. These Owners jointly own
five (5) other apartment buildings in the Miami area, in addition to the subject property,
with a total of 33 apartment units under their management.
The proposed improvements call for a substantial rehabilitation of the entire building. The
scope of work includes: completely replace all interior drywall/plaster walls ceilings and
floors. Install all new doors and windows, install new wiring, electrical services and light
fixtures, replace plumbing and fixtures as required, and install central HVAC systems. All
new bathroom fixtures will be installed. The existing hardwood floors will be repaired and
refinished where possible, and replaced if required. Bathrooms will have new ceramic tile
walls and floors installed. The interior and exterior will be painted. The exterior landscaping
will be replaced.
The estimated rehabilitation budget, including labor, material, contingency, architectural
and related fees, is $230,500. Of this amount, $150,500 will be funded through the
owner's equity, and $80,000 will be funded through the CDBG Multi-Family Housing
Rehabilitation Program, substantially exceeding the Program's match requirement. The
City has received a letter from Ocean Bank, indicating their willingness to lend to the
Owners an amount in excess of that required to complete the rehabilitation.
The applicant is proposing that rents for 5 of the 8 apartments (62%) will be maintained at
the HUD approved rents for a period of three years for tenants earning 80% or less of the
COMMISSION MEMO
JULY 17, 1996
PAGE 3
Area Median Income. Currently the HUD-approved rents are: $537 for a one bedroom,
and 673 for a two-bedroom apartment, net of any utility allowance. The remaining 3 units
will be leased at market rents, estimated by the Owner to be at $625 for a one bedroom
unit, and $725 for a two-bedroom unit. This rent level is expected to cover the anticipated
operating expenses of the property as projected by the Owner. According to HUD survey
data, 80% of the Area Median Income for Dade County, for a family of two is $28,550 per
year, for a family of three the figure is $32,100 per year.
This project qualifies for a maximum of $80,000 as a matching grant (based on $10,000
per unit for 8 units), in hard construction costs from CDBG funds. Funds will be provided
in the form of a Matching Grant. At the end of the three year period, the Matching Grant
will be forgiven, and the owner will have no further obligation to the City.
A review of City records indicates that there are a number of City code violations at the
property which have been cited. The new owner plans to repair these violations as part
of the rehabilitation work. There are no unpaid water or sanitation bills, and property taxes
are paid through 1995. Per the Dade County Tax Assessor, the value of the land and
building before rehabilitation is approximately $376,689.
This building has no existing tenants, therefore there is no obligation to provide relocation
benefits.
CONCLUSION:
The Administration recommends that the Mayor and City Commission adopt the attached
Resolution authorizing the execution of a CDBG-funded Multi-Family Housing
Rehabilitation Program Matching Grant Agreement with Joaquin Perez and Sonia Sosa
Perez, for the project located at 345 Collins Avenue in the amount of $80,000, subject to
the contingencies described in the attached Resolution.
JGP/H~DC/CAH
Attachments
f:\\C\RESO\345COLLN. MEM
MULTI-FAMILY HOUSING REHABILITATION PROGRAM
MATCHING GRANT AGREEMENT
THIS AGREEMENT entered into this 19th day of August, 1996, by and between:
JOAQUIN PEREZ AND SONIA SOSA PEREZ, whose address is 6870 Coral Way, Miami, Florida, 33155,
hereinafter referred to as "Owner" who are the legal owners of the property at 345 Collins Avenue, Miami .../
Beach, Florida, more particularly described as:
Lot 14, of Block 4 of Ocean Beach Subdivision, according to the Plat thereof as recorded in
Plat Book 2, Page 38, of the Public Records of Dade County, Florida, hereinafter referred to
as "Project",
and the City of Miami Beach, a Florida municipal corporation, having its principal office at 1700 Convention
Center Drive, Miami Beach, Florida, hereinafter called "City":
WITNESSETH:
WHEREAS, the City has established a Multi-Family Housing Rehabilitation Program, hereinafter
referred to as "Program", designed to provide financial and technical assistance to property owners of
deteriorated and substandard multi-family residential structures within the City of Miami Beach, Florida, for
the purpose of rehabilitating said structures; and
WHEREAS, the policies of said Program are set forth in the City of Miami Beach Multi-Family Housing
Rehabilitation Programs Guidelines (Guidelines), amended by the City Commission on September 27, 1995,
which are deemed incorporated by reference and made a part of this Agreement; and
WHEREAS, Owner as the legal owner of the Project described above has agreed to rehabilitate said
Project in accordance with the Guidelines of the Program; and
WHEREAS, the City's Loan Review Committee on June 21,1996 recommended approval of the
assistance to the Project under the Program, and a commitment letter will be issued upon approval by the
Mayor and City Commission, said commitment letter, when issued, will be incorporated by reference and
made a part of this Agreement; and
WHEREAS, it is acknowledged and agreed between the City and the Owner that funds provided
hereunder derive from Federal Community Development Block Grant funds appropriated to the City by the
U.S. Department of Housing and Urban Development, for the uses and purposes herein referred to, and
accordingly it is acknowledged and agreed that this Agreement is entered into after compliance by the parties
with all applicable provisions of Federal, State and local laws, statutes, rules and regulations as they may
apply to this Agreement which certain of said regulations are incorporated herein as more fully set forth in
Attachment "A".
NOW, THEREFORE, in consideration of the mutual promises contained herein and in consideration
of the matching grant monies which are to be paid by City to Owner, which consideration is hereby
acknowledged by the parties, the parties do agree as follows:
(1) Any amendments, alterations, or variations to this Agreement will only be valid when they
have been reduced to writing and duly signed by the parties.
(2) It is understood and agreed by and between the parties that the Guidelines, as they may be
amended from time to time, represent the scope of services and responsibilities of the parties
under the Program and the parties agree to abide by and comply with their roles and
responsibilities under the Guidelines as set forth therein.
(3) City shall have the sole responsibility and obligation of interpreting the intent and purpose of
the Program and contract documents.
(4) Rehabilitation of Project shall be done in accordance with the applicable codes, ordinances
and statutes of the State of Florida, the City and Metropolitan Dade County.
(5) It is understood and agreed by and between the parties that none of the obligations of the
City assumed or created hereunder shall be general obligations of the City and none of the
same shall be enforceable against the City generally. Any and all obligations, liabilities and
commitments of the City hereunder, shall be limited to the payment of a matching grant
subsidy amount of Eighty Thousand Dollars ($80,000) as specified herein. No other fiscal, V
legal, equitable or contractual duty or obligation is assumed by the City, and the Owner by
executing this Agreement so agrees.
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
$80,000. 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 $80,000, less the amount of all funds actually paid by the City to Owner
pursuant to this agreement.
Accordingly, Owner hereby agrees that the City shall not be liable to Owner for damages in
an amount in excess of $80,000 which amount shall be reduced by the amount of the funding
actually paid by the City to Owner pursuant to this agreement, 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 subparagraph or
elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed on
the City's liability as set forth in Florida Statutes, Section 768.28.
(6) The matching grant amount shall be paid to the Owner and shall be disbursed during the
rehabilitation of the property. After this matching grant payment is made by the City to the
Owner and applied by the Owner according to the procedures set forth herein, the City shall
be automatically discharged from any and all obligations, liabilities and commitments
hereunder to Owner or any third person or entity provided, however, that this Section shall
not excuse the continued compliance by Owner with the terms of this Agreement and the
federal program requirements. Owner, for consideration of One Dollar ($1.00) and other
good, valuable, separate and distinct consideration, receipt of which is hereby acknowledged,
hereby saves and holds harmless, indemnifies and protects the City, its officers and
employees from any and all obligations, liabilities, commitments, actions, claims, causes of
action, suits or demands arising or accruing by virtue of this Agreement or the Project
contemplated hereunder.
(7) In consideration for the performance of Owner of its role and responsibilities set forth in this
Agreement, the City agrees to pay to Owner, the sum of Eighty Thousand Dollars ($80,000),
as the total of the matching grant as further provided for herein.
2
(8) Said total shall be disbursed by the City to the Owner during construction as follows: During
the construction phase, and not more often than once a month, a payment may be requested
equivalent to ninety percent (90%) of the pro-rata portion of the value of the work completed,
in the previous period. The City's payments hereunder will be computed based on the ratio
of the matching grant amount to the total estimated construction cost. The completion will
be based on the City's inspection and confirmation of the percentage completion as certified
by the Owner's Inspector. In the event the actual cost is less than the estimate, the amount
of the City's Matching Grant will be reduced proportionately, so that the City's portion of the
total cost is never higher than 50% of the total cost. The final ten percent (10%) of the
matching grant payment shall be paid following the completion, approval and acceptance of
the rehabilitation work and related documentation by all the governmental agencies and
authorities having jurisdiction over the Project, and as further set forth in the Guidelines.
(9) It is understood and agreed by Owner that for at least three (3) years beginning on the date
when a final Certificate of Completion is issued, a minimum of five (5) apartment units (62%)
will be occupied by low and moderate income households at affordable rents. Low and
moderate income households means the combined income of all members of the household
does not exceed 80% of the Area Median Income, as published from time-to-time by HUD.
(The following limits apply as of this date, but may be revised annually) 1 person, $25,000;
2 persons, $28,550; 3 persons, $32,100, 4 persons, $35,700) Monthly rents for units
occupied by low and moderate income households are considered affordable if they do not
exceed the 40th Percentile Fair Market Rents for Existing Housing, published from time-to-
time by HUD, (as of this date, but subject to revision annually: the rent for a one bedroom
apartment is $575, including a utility allowance of $38 per month, for a net of $537 per month
excluding utilities); the rent for a two-bedroom apartment is $718 per month, which includes
a $45 per month utility allowance, for a net of $673 per month. Additionally, it is understood
by Owner that if the property is converted to condominiums, sold, or withdrawn from rental
use within three (3) years after a Final Certificate of Completion is issued, the full amount of
the matching grant payment will become due and payable to the City. The City may, at its
option, declare the matching grant payment to be a loan, which repayment terms and
conditions will be set by the Loan Review Committee.
(10) Owner shall deliver to the City's Housing Section of the Economic Development Division, by
January 31st of each calendar year, its signed notarized report in form and substance
acceptable to the City, which includes the names of tenants, unit type, family income, rents
charged, and occupancy factor of each unit for the prior year. This report will continue to be
required for three (3) years after the date on which a Final Certificate of Completion is issued.
(11) It shall be deemed a default of this Agreement in the event that Owner does not strictly
comply with the terms, conditions, duties and procedures established herein for obtaining City
consent to 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,
cancel this Agreement and resort to its rights and remedies against the defaulting party.
Owner shall not assign any interest in this Agreement and will not transfer any interest in the
same without the prior written consent of the City, upon approval by the Loan Review
Committee. In the event Owner is a corporation, limited partnership or other incorporated or
artificial business entity, a transfer of more than ten percent (10%) ownership interest of its
stock by pledge, sale or otherwise (except a transfer of partnership interests in connection
with the syndication of limited partner interests in the ownership, which shall not require any
consent hereunder); or if Owner makes an assignment for the benefit of its' creditors or uses
this Agreement as security or collateral for any loan besides the any loan involved herein; or
3
if Owner is voluntarily or involuntarily a party to any bankruptcy or insolvency proceeding; or
if Owner has a receiver appointed over any of its properties; or if Owner does not satisfy in
full or appeal any judgment for the sum of $5,000 (or more) within thirty (30) days from its'
rendition; or if Owner is involved in a bulk transfer of its business, then, in that event, each
of the foregoing actions will be deemed an assignment of this Agreement and require the
prior written consent of the City, upon approval by the Loan Review Committee.
In the event Owner is a trust, which includes, without limitation, a land trust and a trust
company, any change in the person or entity who is the trustee or any change in the heirs
or beneficiaries of such trust shall be deemed an assignment under this Section and require
the prior written consent of the City, upon approval by the Loan Review Committee.
Regardless of the type of entity Owner is defined to be, a merger, insolvency, bankruptcy,
dissolution, consolidation, conversion, liquidation, or appointment of a receivership for such
Owner shall each be deemed an assignment of this Agreement and will require the prior
written consent of the City upon approval by the Loan Review Committee.
(12) Upon a default of a written indebtedness, including without limitation: a note, mortgage,
guarantee, and this Agreement, Owner waives notice, presentment and/or demand of default.
(13) For purposes of this Agreement and the documents referenced or incorporated within it, a
default shall include without limitation, the following acts or events of Owner, or its agents,
servants, employees, or contractors:
(a) Owner's failure to (i) commence work within thirty (30) days from the date of this
Agreement, or (ii) diligently pursue construction and timely complete the project by
securing a Final Certificate of Completion within nine (9) months from the date of this
Agreement, or (iii) provide the documentation required to make the final payment of
the matching grant, as indicated in the Guidelines, within thirty (30) days from the
date when a Final Certificate of Completion is issued.
Work shall be considered to have commenced and be in active progress when, in
the opinion of the City's Housing and Community Development Office, a full
complement of workmen 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 Lender.
(d) Owner's insolvency or bankruptcy.
(e) Owner's failure to maintain the insurance required by the City and/or Lender.
(f) Owner's failure to correct defects within a reasonable time as defined herein.
(g) Owner's breach of this Agreement or of the terms and conditions of the Guidelines
or applicable laws, rules and regulations pertaining hereto which are referenced by
this Agreement.
4
(h) Claims of lien not satisfied or bonded-off, in accordance with Florida Statutes, within
60 days from the date of filing of any such lien.
(i) An assignment or transfer of this Agreement or any interest therein by Owner which
does not comply with the procedures set forth herein.
(14) In the event of a default, the City may, thirty (30) days after mailing to Owner a notice of such
default as set forth herein, automatically cancel and terminate this Agreement without liability
to any party to this Agreement. If the default is not fully and satisfactorily cured within thirty
(30) days of the City mailing notice of such default to Owner, to the full satisfaction of the
City, at the expiration of said thirty (30) day period, 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 and the Project.
(15) In the event of a default, the City shall additionally be entitled to bring any and all legal and/or
equitable actions which it deems to be in its best interest in Dade County, Florida, in order
to enforce the City's rights and remedies against the defaulting party. The City shall be
entitled to recover all costs of such actions including a reasonable attorney's fee, 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 to the extent allowed by law.
(16) Notices and demands: All notices, demands, correspondence and communications between
the City and the Owner shall be deemed sufficiently given under the terms of this Agreement
if dispatched by registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
If to the City:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Manager
with copies to:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: (1) City Attorney's Office
and: (2) Housing Coordinator, DDHPS
If to the Owner:
Joaquin Perez and Sonia Sosa Perez
6780 Coral Way
Miami, Florida 33155
or to such address and to the attention of such other person as the City or the Owner may
from time to time designate by written notice to the others.
(17) It is understood and agreed that the City shall record this Agreement, together with
appropriate documents relating to any Loan on the subject property, with the Clerk of the
County Court, Dade County, Florida and shall furnish the Owner with conformed copies of
these recorded instruments within sixty (60) days of the execution of this Agreement.
5
(18) The Owner agrees to undertake an affirmative marketing program in accordance with 24
CFR Part 570.601-2. At a minimum, the Owner must implement an affirmative marketing
program that provides information to, and otherwise attracts, eligible persons from all racial,
ethnic, and gender groups in the housing market area to the available housing receiving
assistance from CDBG funds.
The affirmative marketing requirements and procedures adopted by the Owner shall include,
but not necessarily be limited to, the following:
a. Methods for informing the public and potential tenants about Federal Fair
Housing Laws and the applicable affirmative marketing policy;
b. Requirements and practices for carrying out the City's affirmative marketing
plan;
c. Procedures to be used to inform and solicit applications from persons in the
housing market area who are not likely to apply for the housing without
special outreach (e.g., use of community organizations, employment
centers, community centers, fair housing groups, or housing counseling
agencies);
d. Records that will be kept describing actions taken to affirmatively market
units and records to assess the results of these actions;
e. A description of how the City can assess the success of affirmative
marketing actions; and
f. A certification that states that the Owner agrees to adhere to whatever
corrective actions the City requires to be taken where affirmative marketing
requirements are not met.
IN WITNESS WHEREOF, the Owner(s) have caused this Agreement to be executed, and the City has caused
this Agreement to be executed by its duly authorized officer(s), the day and year first above written.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
6
THE PARTIES HERETO STATE THAT THEY HAVE CAREFULLY READ THE FOREGOING AGREEMENT
AND THE CITY OF MIAMI BEACH MULTI-FAMILY REHABILITATION PROGRAMS GUIDELINES, AND
KNOW THE CONTENTS THEREOF AND FULLY REALIZE THEIR MEANING AND SIGN THIS
AGREEMENT AS THEIR OWN FREE ACT.
WITNESS:
jM:0-YJ~
Name: .
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Name: ~
ATTEST:
~ (J (JL\-d' Q~
ROBERT PARCHER, CITY CLERK
FORM APPROV;..u
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7
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me, this B-# day of d.__,,: 1996, by
JOAQUIN PEREZ AND SONIA SOSA PEREZ. Who are personally known to me~ produced
as identification and did/did not take an oath.
~-~/.
me:
- NOTARY PUBLIC, State of Florida
Commission NO
My Commission Expires:
.....~.;..,. MARIA E. SANTOS
/~~il'i'.l:~ MY COMMISSION' CC 467260
=.: ~.:
;~. !J.i EXPIRES: May 24. 1999
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I, In""
STATE OF FLORIDA
SS:
COUNTY OF DADE
~ ('I
The foregoing instrument was acknowledged before me, this ~ day of(}MtL,119~, by Seymour
Gelber, as Mayor of the City of Miami Beach. Who is personally known to me, an~~t take an oath.
ctn~~(~ ~J.~
Name: LI //I.4L) '/~co()e II/f)
NOTARY PUBLIC, State of Florida
Commission NO c: C3 V ') c? g 2...
My Commission Expires:
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8
ATTACHMENT "A"
OTHER FEDERAL REQUIREMENTS
As the City of Miami Beach is providing this funding through federal funds, all parties agree to comply with the
following statutes, regulations and executive orders, as they apply. These requirements are incorporated
herein by reference.
1. Freedom of Information and Privacy Acts
- Freedom of Information Act (5 U.S.C. 552), and the Privacy Act of 1974 (5 U.S.C. 552a).
2. Equal Opportunity
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and 24 CFR Part 1;
- Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601), as amended;
- Executive Order 11063, as amended by Executive Order 12259;
- Executive Orders 11246,11265, 12138 and 12432;
- Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 170), as amended;
- Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended;
- The Age Discrimination Act of 1975 (42 U.S.C. 6101);
- The Fair Housing Amendments Act of 1988.
3. Environmental Review
- The National Environmental Policy Act (42 U.S.C. 4321, et seq);
- The Council on Environmental Quality Regulations (40 CFR Parts 1500-1508);
- Environmental Review Procedures (24 CFR Part 58);
- National Historic Preservation Act of 1966.
- National Flood Insurance Act of 1968 as amended by the Flood Disaster Protection Act of 1973.
4. Lead Based Paint
- Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4801, et seq);
- HUD Lead Based Paint Regulations (24 CFR Part 35).
5. Asbestos
- Asbestos Regulations (40 CFR 61, Subpart M);
- U.S. Department of Labor Occupational Health and Safety (OSHA) Asbestos Regulations
(29 CFR 191.1101).
6. Handicapped Accessibility
- Architectural Barriers Act of 1968 (42 U.S.C. 4151 and 24 CFR Part 41).
7. Labor Standards
- The Davis-Bacon Act (40 U.S.C. 276a) as amended;
- The Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333);
- Federal Labor Standards Provisions (29 CFR Part 5.5).
8. Grant Regulations
- Community Development Block Grants (24 CFR Part 570).
ADDITIONALLY, ALL PARTIES AGREE TO COMPLY WITH ALL EXISTING FEDERAL, STATE AND LOCAL
LAWS AND ORDINANCES HERETO APPLICABLE, AS AMENDED.
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