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HomeMy WebLinkAboutR-99-0960J-99-1031 12/6/99 RESOLUTION NO. �y 9 6 0 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTIiOR.IZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PERMITTING MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION ("MBCDC") TO TRANSFER TITLE OF THE PROPERTY LOCATED AT 935 PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA, WHICH WAS ACQUIRED IN PART WITH $500,000 IN HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM GRANT FUNDING, IN ACCORDANCE WITH THE REQUIREMENTS OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 811 PROGRAM WHICH REQUIRES MBCDC TO TRANSFER TITLE TO THE PROPERTY TO A SINGLE ASSET ENTITY; CONDITIONING THE APPROVAL OF THE TRANSFER ON THE CITY'S PRIOR RECEIPT OF SUCH FURTHER AND AMENDED LOAN DOCUMENTS AS MAY BE REQUIRED BY THE CITY ATTORNEY. WHEREAS, the Housing Opportunities for Persons With AIDS ("HOPWA") Program was created under the AIDS Housing Opportunity Act, and revised under the Housing and Community Development Act of 1992; and WHEREAS, Section 606(d)(2) of the Housing and Community Development Act of 1992 stipulates that the City of Miami, being the most populous unit of general local government in an eligible metropolitan statistical area ("EMSA"), not including county government, must be the applicant for the HOPWA Grant and be CITY COJ InUSSION MEETING OF DEC 1 4 1999 lieesolu4on No. ¢J �60 allocated the related funding; and WHEREAS, the City of Miami has been awarded funding from the U.S. Department of Housing and Urban Development ("U.S. HUD") for the implementation of the 1998-99 HOPWA Program Grant; and WHEREAS, Ordinance No. 11643, adopted March 14, 1998, established a special revenue fund entitled "Housing Opportunities for Persons With AIDS Grant" and appropriated $7,732,000 in funding from U.S. HUD for the implementation and administration of the 1998-99 HOPWA Program; and WHEREAS, Resolution No. 98-402.1, adopted April 14, 1998, .authorized the City Manager to submit the City of Miami's FY 1998-99 Consolidated Plan and the uses of said HOPWA funds; and WHEREAS, the HOPWA Advisory Board at its June 15, 1998 Board meeting, recommended allocating funds in the amount of $500,000 contingent on the award of Section 811 funding and $500,000 from the City of Miami Beach, to Miami Beach Community Development Corporation, project sponsor for the acquisition and rehabilitation of an eighteen (18) unit apartment building known as the Fernwood Apartments, located at 935 Pennsylvania Avenue, Miami Beach, Florida, (the "Project") for the provision of permanent housing units for low income persons living with HIV/AIDS; and WHEREAS, in a letter dated November 30, 1998, the U.S. Department of Housing and Urban Development notified the Miami Beach Community Development Corporation that its application under the Section 811 Capital Advance Program has been approved for this Project, further advising that Capital Advance authority - 2 - 29-- 960 in the amount of $1,221,700 has been reserved for this Project, along with Project Rental Assistance Contract and Budget Authority of $44,200 and $221,000, respectively; and WHEREAS, Resolution No. 98-22980, adopted December 2, 1998, by the Mayor and City Commissioners of the City of Miami Beach, authorized funds in the amount of $787,800 from the City of Miami Beach's HOME Program to the Miami Beach Community Development Corporation for eligible community housing development projects of which $500,000 has been allocated to the proposed Fernwood Apartments Project; and WHEREAS, Resolution No. 99-263, adopted April 27, 1999, authorized the City Manager to allocate funds in the amount of $500,000 to Miami Beach Community Development Corporation, project sponsor for the acquisition and rehabilitation of an eighteen (18) unit housing project known as the Fernwood Apartments, located at 935 Pennsylvania Avenue, Miami Beach, Florida, to provide permanent affordable housing opportunities for low income persons living with HIV/AIDS; allocating funds from the FY 1998 Housing Opportunity for Persons With AIDS (HOPWA) Program for the provision of said services; and WHEREAS, the U.S. Department of Housing and Urban Development - Section 811 Program requires that MBCDC transfer - 3 - off- U60 w title to the property to a single asset entity. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized2;1 to execute all necessary documents, in a form acceptable to the City Attorney, permitting Miami Beach Community Development Corporation ("MBCDC") to transfer title of the property located at 935 Pennsylvania Avenue, Miami Beach, Florida, which was acquired in part with $500,000 in HOPWA Program Grant funding, in accordance with the requirements of the U.S. Housing and Urban Development Section 811 Program which requires MBCDC to transfer title to the property to a single asset entity. Approval of this transfer shall be subject to the City's prior receipt of such i� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. in 4 - v�1— 90 fl ILE further and amended loan documents as may be required by the City Attorney. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayoral. PASSED AND ADOPTED this 1--±— day of December 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the desionated place provide id becomes effective with the elapse often 60) day'rcm tho ' to e�`Ccm gtJ ` �;,,,:iy'I regarding same, without the Mayor/A—fzr�n-;;([((F cn ATTEST: jj�qgwv WALTER J. FOEMAN CITY CLERK APPRO D AS O F AND CORRECTNESS: ✓ C LLO TTORN -- 3991:RCL:hdb If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was If the Mayor vetoes this If and adopted. immediate) u Resolution, it shall become effective Y upon override of the veto by the City Commission. CITY OF MIAMI, FLORIDA}, INTER -OFFICE MEMORANDUM I. TO FROM: Honorable Mayor and Members of'4�aw ission menew— o City Manager REC-0MMEND_ATION: DATE: DEC - I FILE SUBJECT : Resolution Permitting Miami Beach Community Development Corp. to Transfer REFERENCES: Title of a Property to a Single Asset Entity ENCLOSURES: City Commission Agenda Item Meeting of December 14. 1 goo It is respectfully recommended that the City authorizing the City Manager to execute documentatioCommission in a f rm accep�le attached resolution, Permitting Miami Beach Community Development Corporation to transfer title of the property located at 935 Pennsylvania Avenue, Miami Beach, Florida, to a single asset entity. P pen ty Y BACKGROUND: - Through the adoption of Resolution 99-263 on April 27, 1999, the City Commission au $500,000 allocation of Housing Opportunities for Persons With AIDS authorized a to the Miami Beach Community Development Corporation (HOPWA) Program funds aforementioned property. Subsequently, the City of Miami and MBDCexecuted the Purchase the loan/grant documents, which included a requirement that the MBCDC must obtain HOPWA consent to transfer title to the property. Funding for this project was also received from U. HUD Section 811 Program which requires Miami Beach Community the City's to transfer title to the roe S. Property rty to a single asset entity.Proposed Development Corporation MBCDC to initiate the appropriate action to satisfy the HUD requirements and accept t enables the 811 Grant to complete this project. p the Section The initial concept for this project was approved at the July 15, 1998 HOPWA Advisory meeting when the HOPWA Advisory Board recommended allocating $500,000 in Fy HOPWA Pro Board Program funding to MBCDC, contingent on the award of Section 811 Program 19nding 98-99 from the U.S. Department of Mousing and Urban Development and $500,000 fromfunding, Miami Beach, in connection with the acquisition and rehabilitation of an eighteen the City of housing project, known as the Fernwood A ghteen (18) unit Beach, Florida, The proposed Project will Provide perman nt(the affordable housingroject "Project) Opportunities Miami for low-income persons living with HIV/AIDS Opportunities f:. ��-Vo® 0 e> On November 30, 1998 the MBCDC received a letter from the U.S. Department of Housing and Urban Development, notifying the organization that their application under the Section 811 Capital Advance Program- had been approved for $1,221,700 in funding for this Project. In addition, the organization was also awarded by U.S. HUD a Project Rental Assistance Contract and Budget Authority in the amount of $44,200 and $221,000, respectively for the proposed Project. On December 2, 1998, through Resolution No. 98-22980, the Mayor and City Commission of Miami Beach authorized allocating $787,800 in HOME Program funds to the MBCDC for undertaking the development of eligible community housing projects in Miami Beach. Approximately $500,000 has been allocated to the proposed Femwood Apartments Project. With the other funding components in place, the Miami City Commission adopted Resolution No. 99-263 on April 27, 1999 which authorized the City Manager to allocate funding in the amount of $500,000 from the FY 1998-99 Housing Opportunities for Persons With AIDS (HOPWA) Program Grant, to MBCDC, for the proposed Femwood Apartments Project. In an effort to provide permanent housing assistance to eighteen (18) low-income persons living with HIV/AIDS throughout Miami -Dade County, City Commission approval of the attached resolution is recommended which will enable the MBCDC to transfer the title to the property to a single asset entity and qualify for the HUD grant to complete the Project. JFLJGC'VV/SA ��-960 - Co taaml J-99-299 Dept. OfCCoommunity oDewlopmeni 4/19/99 MAY 1 RESOLUTION NO. q q W 3 7 1999 A RESOLUTION OF THE MIAMI CITY COMMISSION Dlte*rS Office AUTHORIZING AND ALLOCATING FUNDS, IN THE AMOUNT OF $500,000, TO THE MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION, PROJECT SPONSOR FOR THE ACQUISITION AND REHABILITATION OF AN EIGHTEEN (18) UNIT HOUSING PROJECT KNOWN AS THE FERNWOOD APARTMENTS PROJECT, LOCATED AT 935 PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA, TO PROVIDE PERMANENT AFFORDABLE HOUSING OPPORTUNITIES FOR LOW INCOME, PERSONS LIVING WITH HIV/AIDS IN MIAMI-DADE COUNTY; ALLOCATING FUNDS THEREFOR FROM THE FY 1998-99 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM GRANT ACCOUNT NUMBER 194006.590606.6860.94654, FOR THE PROVISION —OF SAID SERVICES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECT SAID ALLOCATION AND IMPLEMENTATION OF THE PROJECT. WHEREAS, the Housing Opportunities for Persons With AIDS (HOPWA) Program was created pursuant to the AIDS Housing Opportunity Act, and revised pursuant to the Housing and Community Development Act of 1992; and WHEREAS, Section 606(d)(2) of the Housing and Community Development Act of 1992 stipulates that the City of Miami, being the most populous unit of general local government in an Eligible Metropolitan Statistical Area (EMSA) , not including county government, must be the applicant for the HOPWA Grant and be 99- 960 rMa Or LAP �R 2 71999 allocated the related funding; and WHEREAS, the City of Miami has been awarded funding from the U.S. Department of Housing and Urban Development (HUD) for the implementation of the 1998-99 HOPWA Program Grant; and WHEREAS, on March 14, 1998, the City Commission adopted Ordinance No. 11643, which established a special revenue fund entitled "Housing Opportunities for Persons With AIDS Grant'' and appropriated $7,732,000 in funding from U.S. HUD for the implementation and administration of the 1998-99 HOPWA Program; and WHEREAS, on April 14, 1998, the City Commission adopted Resolution No. 98-402.1 which authorized the City Manager to submit the City of Miami's FY 1998-99 Consolidated Plan and the projected uses of said HOPWA fundsl and WHEREAS, the HOPWA Advisory Board, at the June 15, 1998 HOPWA Advisory Board meeting, recommended allocating funds in the amount of $500,000 contingent on the award of Section 811 funding and $500,000 from the City of Miami Beach, to Miami Beach Community Development Corporation, project sponsor for the. acquisition and rehabilitation of an eighteen (18) unit apartment building known as the Fernwood Apartments, located at 935 Pennsylvania Avenue, Miami Beach, Florida (the "Project''), for the provision of permanent housing units for low income persons 09- 560 - 2 - living with HIV/AIDS; and WHEREAS, in a letter dated November 30, 1998, HUD notified the Miami Beach Community Development Corporation that its application, pursuant to the Section 811 Capital Advance Program, had been approved, and Capital Advance Authority in the amount of $1,221,700 had been reserved, along with Project Rental Assistance Contract and Budget Authority in the amount of $44,200 and $221,000, respectively; and WHEREAS, Resolution No. 98-22980, passed and adopted by the City of Miami Beach on December 2, 1998, authorized funds in the amount of $787,800 from the City of Miami Beach's HOME Program to the Miami Beach Community Development Corporation for eligible community housing development projects of which $500,000 has been allocated to the proposed Fernwood Apartments Project; and WHEREAS, HOPWA Program funding is available from the City of Miami 1998-99 HOPWA Program Grant, Account No. 194006.590606.6860.94654, to fund the aforementioned eighteen unit project for the provision of permanent housing units for low income persons living with HIV/AIDS; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference 99- 9630 - 3 - 4 .. 5" 9 - V thereto and incorporated herein as if fully set forth in this Section. Section 2. . The allocation of funds in the amount of $500,000 to Miami Beach Community Development Corporation, Project sponsor for the acquisition and rehabilitation of an eighteen (18) unit apartment building known as the Fernwood Apartments Project, located at 935 Pennsylvania Avenue, Miami Beach, Florida, is hereby authorized for the provision of permanent housing units for low income persons living with HIV/AIDS, with funds therefor hereby allocated from the FY 1998- 99 Housing Opportunities for Persons With AIDS (HOPWA) Program Grant, Account No. 194006.590606.6860.94654. Section 3. The City Manager is hereby authorized''-" to execute all necessary documents, in a form acceptable to the city attorney, to effect said allocation and implementation of the Project. Section 4. This Resolution shall become effective upon �i The herein authorization is further subject to compliance with all limited requirements that may be imposed by the City Attorney, including but not provisions those prescribed by applicable City Charter and Code _ 4 _ J9 V60