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HomeMy WebLinkAboutExhibitEXHIBIT "A' City of Miami Repayment Agreement with HUD REPAYMENT PLAN a) HOPWA: Movers, Inc. resale of Sugar Hill Apartments: $935,556.20 City to use all avenues at its disposal to seek the repayment of the amount from Movers, Inc. Notwithstanding, within eighteen (18) months, the City hopes to reimburse its HOPWA line of credit in an amount of $935,555.20 being the total amount disbursed for the Sugar Hiil Apartments project. b) HOME: i. Model City project land banking and consulting fee disallowance: $2.6 million The City will make $250,000 payment for fiscal year 2009, $450,000 for fiscal year 2010 and a final payment of $1.9 million in the third year to the City's HOME line Of credit ii. City employees down payment program conflie, of interest: $87,685 The City will make the $87,685 payment within 120 days of approval by HUD. c) CDBG: Downtown Facade Improvement Program: $404,583.56 This -payment -will-be-mada within 120 slays -of approval of the -plan: - - - EXHIBIT me" FUNDING APPROVAL AND GRANT AGREEMENT FOR NEIGHBORHOOD STABILIZATION PROGF-kN1(NSP) FUNDS AS AUTHORIZED A.'�-D APPROPRIATED UNDER THE HOUSING AND ECONONUC RECOVERY ACT OF 2008 (PUBLIC LAW' 110-289, TULY 3011 2008) NSP GRANTEE: NSP GRANT NUIITBER: NSP GRANT AMOUNT: NSP APPROVAL DATE: City of Miami B -08 -AIN -12-0016 $12,063,702 January 8, 2009 This Grant Agreement between the Department of Housma and Urban De<,,&-Tment (HLD) and the City -of Afiami_-(_Graatee) is made_ to the authority of s�on�_2301 _- 230-4 of the - Pursuant - Housing and Economic Recovery Act of 2008 (Public Law 110-289 (July 307 2008)) (HERA). The program established pursuantto section 2301-2304 is lmown as the Neighborhood Stabilization Program" or `2NSP_" The Notice of Allocations, Application Procedures, Waivers Granted to and Alternative Requirements for Redevelopment of Abandoned and Foreclosed Holies Under the Housing and Economic RecoveryAct, 2008 published at 73 FR 58330 (October 6, 2008) (Notice); HEA- the Grantee's submission for NSP assistance (Grant-- Submission); the HU -D regulations at 24 CFR § Pa L 5 70 (as modified by the ?Notice aad as noz in efrect amd as maybe amended fromtime to time) (Rego ations); and this Funding Approval incl ,a any Tecial conditions; constitute part of the Grant Agreement Subject to the prmwisions of this Grant Agreement, HUD will make NSP Grant Funds in the amount of $12,(}63,702 available to the Grantee upon execution of this Grant Agreement by the parties. The Grantee shall have 18 moms from the date of HUD's execution of this Grant Agreement to obligate the NSP Grant Amount pursuant to the requirements of HERA and the Notice. The Grantee shall have 48 months from the date of HUD's execution of this Grant Agreement to expend the NSP Grant Amount pit to the requirements of the Notice. The NSP Grant Funds may be used to pay eligible costs arising from eligible uses incurred after the NSP Approval Date provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -award planning and general administrative corts may not be paid with funding assistance except as permitted in the Notice; the Notice limits such costs to those incurred on or after September 29, 2008. Other pre -award costs may not be paid with funding assistance except as permitted by 24 CFR § 570.200(h); for purposes of NSP, such costs are limited to those incurred on or after the date that the NSP substantial amendment was received by HUD. The Grantee agrees to assume all of the responsibdities for emironmeatal re-,iew, de: isiormaking, and actions, as specified and required in regulations issued by the Secrete pursuant to Section 104(8) of Title I of the Housing and Community Development Act; as arnendedd (42 U_S.C. 5304) and published in 24 CFR § Pari 58. The Grantee further acknowledges its responsibility for adherence to the Grant Agreement by sub -recipient entities to which it make funding assistance hereunder available. This Grant Agreement may be amended only with the prior urttea approval of HTi1D. In considering proposed amendments to this Grant Agreement; HU -D shall reNiew, among other things. whether the amendment is otherwise consistent with HERR; the Notice; and the Regulations. The Granteti may amend its Grantee Subs. ]Mon; however; such amendments, including substantial amendments as defined in 24 CFR § Part 91, will be subject to the requirements of 24 CFR § Part 91 (or any successor regulation) and any revisions HUD may male to the Notice (or any successor Notice orregulation)_ The Grantee shall at all Imes maintain an up -to -dale copy of its Garrtee Submission= including all amendments approved by HUiD, on is Internet website as required by the Notice. Further the Grantee shalll maintain information on all drawdown; deposits; and expenditures of stent finds and progian income under tds Funding ADprova-1 and Graat z�-e—_meat and any other _ records required by24_CFR _570.544, inits_nles_and_shall make—such_infonaation_available for audit or inspectiola by duly autho_ized representatives of HUD, HU,DD s Off ice of the Inspector General; or the Cornptrollmr General of the United States_ The Granter shall submit information on rrormance measurcn-_at as established by the Secretary for activities imdertaken -vith NNSP grant fmds. The Granter is advised that prodding false, fictitious or misleading information with respect to N -ISP Grant Funds may res- li in crt:� civil or administrative prosecution under 18 USC §1001, 19 USC §1343, 31 USC §3 729, 31 USC .§3 801 or another applicable she. Close-out of this grant shat be subject to the provisions of 24 CFR § 5-10.509 or such close- out 7nctrac7dons as may hereafter be issued by HUD specifically for _NSP giants. (1) Special Condition is attached to this Grant Agreement. This NSP Grant Agreement is bindmi g with respect to HUD in accordance with its terms upon the execution by HU in the space provided above; subject to execution on behalf of the Gantee. The United States Department of Hoiesing and Urban Development Simature of Authorized Official Maria R Ortiz Fame of Authorized Official Director Title of Authorized Official _ C) The ra City of Miami Signature of Authorized Oficial PEDRO Hr PNAI:DEZ Name of Authorized Official CTT A A-NAGER Title of AuorL.�--d Official 3-13-09 Dai of SIMattrre------ - -- - - Gn.�tev Tai_ Ide tif-ca.tion Number Specia) Conditions to Funding Appm,-a] a_ -id Cram Agreement For Neighborhood Stabilization Proms (NSP) Funds as .authorized and .A.pprop:iated by under the Housing and Economic Re—coven- Act of 20 S (Public Lain 110-289, July 30, 20OS) NSP GRANTEE: City of Niiami NSP GR. N7T NUNSER: B-0&_hVNT-12-0016 NSP GRANT 4-MOU' T: 512,063.702 NSP APPROVAL DATE: January 8, 2009 Special Condition �i : 1_ Pwsuant to 24 CFR § 8 5. 12 (a) (1) (2) (4) or (5), a special condition applies to this a2zit Ageement due to past performance in the CDBG program_ The City- of Miami- shall submit doc=entation describing how, past CDBG perf=azice issues have be --n resolved or are no -w, being resolved and explain how they wii1 not =Past the administrion of the NSP pro am_ Oir records show that ;here are several outstandins-- -__- - _ w - -- - - monitoring findings that requ3r-e resolution in the Ci s HOPWA, HONE, and CDBG programs. In addition the City has several outs`unding issues regarding non compliance, inhere it had agreed to reimbsrse tis Line of Credit as identified below: a) HOPWA: The amount of $935,556.20 for the unauthorized sell of the Sugar Hili Apartments property. b) HOME: The remaining balance of S 2.6 million for the Model City occurrence; and $87,685.00 for ineligible down payment assistance in a Conflict of interest issue_ c) CDBG: In FY 2006 the amount of $404,583.56 for ineligible areas of assistance in the Miami Downtown area. The City must submit a Dlaa of action to our Office addressing the abo"v_e_ideptEed issues_ stating how it will resolve this deficiencies and a time frame for L letion T re City must also indicate hour the pastperformance issues will not impact its administration of the NSP Drog=. if the City of Miami fails to submit such documentation within 60 days from the date HUD sited this Grant Agreement. HUS may thereafter withhold authority to incur additional obligations of N SP Grant Funds or take other actions authorized under 24CFR& 85.12(b).