HomeMy WebLinkAboutMCRA-R-08-0001 05-22-2008 Submittal-Memo, Neisen KasdinFort Lauderdale
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PUBLIC RECORD FOR
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MEMORANDUM
Akerman
Senterfitt
ATTORNEYS AT LAW
One Southeast Third Avenue
25th Floor
Miami, Florida 33131-1714
www.akerman.com
305 374 5600 tel 305 374 5095fax
TO: The Honorable Manuel A. Diaz
Mayor, City of Miami
FROM: Neisen O. Kasdin
CC: Dan Herman, Developers Diversified Realty
Jack Cayre, Midtown Equities
DATE: April 2 ] , 2008
SUBJECT: Midtown Miami - Affordable Housing Commitment
As a follow-up to our prior discussion, 1 have prepared this summary of Biscayne Development
Partners' ("BDP") commitment with respect to the provision of affordable housing at the Shops at
Midtown Miami.
I. AFFORDABLE HOUSING COMMITMENT BACKGROUND
On February 17, 2004, the Miami -Dade County Commission adopted Ordinance No. 04-042
authorizing the County Manager to apply to the U.S. Department of Housing & Urban Development
("HUD") for a Section 108 Loan Program Guarantee in the amount of $20.6 million. Said application for
a loan was authorized for the purpose of providing financial assistance to BDP in its efforts to remediate
and develop the elements of the infrastructure needed to support the development of the Shops at
Midtown Miami. The loan award, however, was contingent upon the successful completion of the terms
of a Joint Participation Agreement ("JPA") between Miami -Dade County and the City of Miami for the
Parrot Jungle & Gardens.
Acceptance of the loan award also required BDP to satisfy a number of "public benefits"
requirements set forth in the authorizing ordinance. These benefits included job creation goals, minority
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April 21, 2008
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contractor and subcontractor participation targets, and an affordable housing goal. The affordable
housing element of the public benefits requirement of the 108 loan included :
1. $1,000,000 Revolving Credit Line. A $1,000,000 revolving line of credit to Rafael
Hernandez I-Iousing & Economic Development Corporation (RHHED) or a similar non-
profit housing agency, as mutually agreed to by the City and County, for a period of eight
(8) years. Said line of credit was to be employed by RHI-IED to rehabilitate and construct
affordable housing units within the Wynwood and surrounding neighborhoods.
2. Sale of units to the City of Miami. Planned sale of a total of eighty (80) units, (10 units
in each planned condominium building) to the City of Miami.
3. Buyer Financing Assistance. BDP agreed to utilize its relationship with HSBC Bank
USA to provide for 97% financing to the condominium buyers purchasing the City of
Miami units. The financing arrangement would be available regardless of buyer's credit
history, so long as said buyer was no longer in bankruptcy and had no accounts past due
at the time of closing.
4. Buyer Closing Cost Assistance. In addition to leveraging its relationship with HSBC
Bank USA to provide buyer's with financing, BDP agreed to contribute $5,000 toward
the closing costs of purchasers of the eighty (80) set -aside units.
5. Joint Development with Miami -Dade Housing Agency Development Corporation. BDP
further committed to jointly develop a 100 unit, tax credit supported rental project with
the Miami -Dade Housing Agency, as part of its commitment to assist in providing a
minimum of 300 units of affordable for -sale and rental housing units.
All told, the net present value (NPV) of the various monetary aspects of affordable housing
commitment totals approximately $593,000.2 This figure does not include a valuation for the sale of the
set -aside units, the financing assistance, or development services to be rendered in the joint development
project with the Miami -Dade Housing Agency.
II. ILA APPROVAL DISCUSSION & AFFORDABLE HOUSING
During its discussion of the ILA prior to its final approval on April 29, 2004, the late
Commissioner Arthur Teele, while commenting on the various aspects of the agreement he thought
particularly noteworthy, mentioned the following with regard to affordable housing:
fjt is my hope that the development team will come into the community having this
tremendous opportunity, and be a really good corporate neighbor. We have several organizations
— the Rafael Hernandez CDC (( ommunity Development Corporation), which is adjacent to this.
They've been working under very difficult conditions over the years. ! know that the County -- the
1 Miami -Dade Legislative Item, File No. 040476. File Name: Housing & Urban Development Loan Program.
Final Action Date: 2/17/2004.
2 Value arrived at as follows: $323,000 - approximate NPV of closing cost assistance contribution for 80 units at
$5,000 per unit (assumes a 5% discount rate). $270,000 — approximate NPV of interest cost on the revolving line of
credit (assumes 4% simple interest rate).
(M2675711;1)
Submitted into the public
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Priscilla A. Thompson
City Clerk
April 21, 2008
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108 loan agreement makes specific reference to a line of credit of a million dollars to them and I
commend the governmental bodies in keeping that program alive for affordable housing, and I
would encourage the teams to really be a great neighbor...A good corporate citizenship program
is so very much needed, and finally, to the Manager, I want to singularly express my appreciation
to Mr. Samuels and the development team, because for the first time, I am looking, Johnny, at a
commitment to affordable housing... This development team has made a commitment for some 80
units to be affordable, and is putting their money where their mouth is, where the developer is
bringing 97 percent financing — 97 percent financing — to assist in affordability. This is largely
going to benefit the Wynwood....He is also committing, Johnny, to pay up to five thousand dollars
in closing costs...3
The Commissioner's comments largely track the language of the affordable housing portion of the
public benefits commitment listed in the 108 loan agreement. The underlined portions of his comments
note that the commitment was a condition of the 108 loan guarantee award. Similar language regarding
the affordable housing commitment is not found within the ILA.
111. AFFORDABLE HOUSING COMMITMENT — PROGRESS TO DATE.
BDP is proud to report the tremendous progress realized to -date in the area of affordable housing.
Despite having never utilized the 108 loan because of the difficulties associated with distinguishing
between the public and private aspects of the project and possible imposition of Davis -Bacon wage rates
on the entirety of the project, BDP has aggressively sought to provide the community with affordable
housing opportunities at Midtown given their desire to be a "good corporate neighbor."
Since the project's inception, BDP's efforts have resulted in the sale of a total of 73 units in
Towers 2 and 4 (55 units and 18 units, respectively) at prices below $236,000. These sales represent a
total investment in affordable housing in excess of $15,500,000. Affordable housing production
delivered within the initial, two phases exceeds 90% of the multi -phase goal of 80 units listed within the
108 loan agreement. In addition, the sales prices of these 73 units are substantially below the $300,000
maximum sales price allowed under the city's Affordable Housing Trust Fund program guidelines.'
IV. SUGGESTED NEXT STEPS
As part of its continuing efforts to assist in the advancement of the surrounding Wynwood
neighborhood, BDP proposes an initial cash contribution of $80,000 to support the construction and
rehabilitation of housing within immediate area. The initial cash contribution is equivalent to the
estimated debt service that would have been paid by BDP on the $1 million line -of -credit envisioned as a
requirement of the HUD 108 loan guarantee. Additionally, as evidence of its desire to support the
continued revitalization of Wynwood as a corporate partner, BDP would provide future contributions of
$25,000 per completed residential building at the Shops at Midtown Miami. The total net present value
of this proposed program is estimated at $211,000,5
3 City of Miami Commission. Verbatim Commission Meeting Minutes, April 29, 2004. Pg. 44.
4 City of Miami Affordable Housing Trust Fund Program Guidelines. "Exhibit A", pg. 5. Adopted on 4/12/2007
?ursuant to Resolution No. 07-00135.
Value calculated by adding the $80,000 of "interest earned since the start of residential construction" on the $1
million line of credit with the NPV of the future contribution of $25,000 per additional residential building (total of
$131,000 at a 4% discount rate over a 6-year period
Submitted into the public
record in connection with
(M2675711;1} items # I on5or?-' B.
Priscilla A. Thompson
City Clerk
April 21, 2008
Page 4
BDP wishes to work in partnership with the city and/or a local community development
intermediary to ensure that the benefits of this substantial contribution are leverage to the fullest extent
possible. As such we would suggest that our contribution be utilized in one of the following two (2) ways:
1. City/BDP Wynwood HOPE Partnership: BDP's contribution could serve as a match to
targeted recurring appropriations by the city for the advancement of the city's Single -
Family Rehabilitation and Single -Family Replacement programs, administered by the
Department of Community Development, within the Wynwood area. BDP funding could
be used as an equity contribution that would lessen the amount of city provided debt
homeowners would have to incur as result of their part of their participation. Finally, the
city and BDP could also work jointly to solicit the assistance of other corporate partners
to expand the pool of available resources and the program's impact.
2. Community Development Intermediary Strategy: BDP could work in partnership with a
local community development intermediary, such as Neighborhood Housing Services,
Habitat for Humanity, or LISC. Such organizations could utilize BDP's contribution as
seed capital that can be used to leverage other private and public dollars to support
housing and revitalization efforts more broadly within the Wynwood community.
I trust this summary of our activities and suggested approach going forward will meet with your
satisfaction. We look forward to your comments and to our continued partnership.
Enclosure(s)
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEM i ONs-as-0e,
(M2675711;1)