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HomeMy WebLinkAboutBack-Up DocumentsCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : FROM : Members of the Housing and November 15, 2024 DATE : FILE : Commercial Loan Committee Alfredo Depart' sistant Director ommunity & Economic Development SUBJECT: REFERENCES: ENCLOSURES: 8`I' Street Properties, LLC: Essence Miami BORROWER: 8`" Street Properties LLC is a Florida Limited Partnership Company that was established in November 2005 and managed by the Nuri Dorra and Ingrid Dorra. Mr. Nuri Dorra has been a Real Estate Developer since 1975. His portfolio includes real estate development in Argentina and Florida. Mr. Dorra 's extensive experience includes the development of single-family homes, townhouses, multi- family projects, hotel conversions and real estate rehabilitation. 8`I' Street Properties, LLC owns the three (3) lots that will become the new development, Essence Miami. PROJECT Essence of Miami will be a new 8-story mixed use development that will feature residential and commercial space. The development will be developed on three contiguous sites having a total of 25,563 sq. ft., located at 829 SW 8'I' Street, in the Little Havana neighborhood. The project will provide eighty-eight (88) rental units, one and two bedrooms for low- income and workforce families and 590 sq. ft. of commercial space. The Project will contain (57) units of one bedroom, one bath and (31) units of two bedrooms and one bath. All the units will be City -assisted for low-income families at 60% of AMI and workforce families at 100% of AMI. The building plans are in the last stages of permitting. BACKGROUND On February 25, 2019, the Department of Housing and Community Development ("Department") issued a Request for Proposals ("RFP") in HOME Investment Partnerships Program ("HOME") funds; Community Development Block Grant ("CDBG") funds; State Housing Initiatives Partnership Program ("SHIP") funds; Affordable Housing Trust Funds ("AHTF") funds; and Miami Forever Bonds ("GOB") for the construction and rehabilitation financing of multifamily rental housing projects and homeownership projects. On June 10, 2021, the City Commission approved Resolution R-21-0222. The City Commission authorized the allocation in an amount not to exceed $5M from the proposed Tranche 2 Miami Forever Affordable Housing Limited Ad Valorem Bonds to the Project provided that the Developer fulfills all the terms and conditions to be set forth by the Department of Housing and Community Development and approved the Housing and Commercial Loan Committee, (HCD/HCLC). Pursuant to the Section 8th STREET PROPERTIES, LLC 2 November 15, 2024 ESSENCE MIAMI 18-86 of the Code of the City of Miami, Florida, the Competitive Negotiation Methods and Procedures were waived by a 4/5th vote of the City Commission. On July 30, 2021, HCLC approved an allocation up to $5M in Miami Forever Bonds ("GOB") funds for the development of Essence Project. On April 27, 2022, the Borrower executed loan documents with the City of Miami for the $5M of GOB funds. BORROWER'S REQUEST On September 19, 2024, the Developer submitted a letter to HCD requesting extending all of the project's benchmarks: the commencement date from October 27, 2022 to April 27, 2025; and the date to obtain the certificate of occupancy from October 27, 2023, to April 27, 2027. The project delays were triggered by unforeseen economic circumstances, escalation of construction costs and interest rates. Since closing on the original GOB loan in 2022, the developer's construction costs increased by $9.4M from approximately $15.2M (in 2022) to $24.6M (in 2024). Given the increase in the development budget, the developer also obtained $2M of Surtax Loan funding from Miami - Dade County, increased its first permanent mortgage, and put forth their own equity to absorb the budget increases. Liens 1 2 3 N/A N/A Permanent Financing 1st Mortgage- Ocean GOB City of Miami County Surtax Funds Developer Equity Def. Developer Fees Original Revised 14,000,000 18,500,000 5,000,000 5,000,000 2,000,000 4,000,000 7,697,950 0 1,150,000 23,000,000 34,347,950 Thus, the Developer is requesting that an amendment to the GOB Loan Documents be made to push back the commencement/Certificate of Occupancy dates; and incorporate the new development budget. DEPARTMENTAL RECOMMENDATION HCD has reviewed the developer's request and recommends: • Extending the date for construction commencement to April 27, 2025 • Extending the date to obtain the certificate of occupancy to April 27, 2027 • Accepting the project's new development budget, and • Making an amendment to the existing GOB loan agreement to capture these changes. In said amendment, the City's $5M of GOB funds will remain in the current, 2nd position • All other prior loan terms remain the same 8`h STREET PROPERTIES, LLC ESSENCE MIAMI 3 HOUSING AND COMMERCIAL LOAN COMMITTEE DECISION: Approved as Recommended by Staff To Include Additional Conditions or Restrictions Disapproved To Include Further Action Specify any further action, conditions or restrictions: November 15, 2024 Yes ❑ /A 111 Yes No4/A❑ Yes ❑ No 01 /A 111 Yes E No ❑ N/A 111 HOUSING & COMMERCIAL son or Representative NOV 1 5 2024 8th Street Properties LLC Project Analysis: Essence Miami Market Risk The market risk for this project is low, given the scarcity of affordable rental units in the City of Miami for low-income residents. According to the City of Miami's 2014-2018 Consolidated Plan, city residents have not been able to keep up with the increasing high cost of living in the Miami area, as such 67% of city residents fit the low -to - moderate income category and nearly half of city households (46%) are cost -burdened. The proposed project is a new construction of 8-story mixed use multi -family building that will provide a total of a eighty eight (88) units. Fifty-seven (57) units will be one bedroom and one bath, 565-723 sq. ft., and thirty-one (31) units will be two bedroom and one bath, 845-960 sq. ft Due to the limited number of new projects coming online at the same time and a medium size of the subject, the project will be at or near 100% pre -leased upon the completion of the construction. The construction of this affordable rental building will contribute to alleviate the housing needs of the most disadvantaged residents and will contribute to the revitalization and stabilization of the area, which has been a priority redevelopment area for the City of Miami. Borrower Risk 8th Street Properties LLC is a Florida Limited Partnership Company that was established in November 2005 and managed by the Nuri Dorra and Ingrid Dorra. Mr. Nuri Dorra has been a Real Estate Developer since 1975. His portfolio includes real estate development in Argentina and Florida. Mr. Dorra"s extensive experience includes the development of single family homes, townhouses, multi -family projects, hotel conversions and real rehab. Project Risk Essence of Miami will be a new 8-story construction, mixed use development on 829-845-847 SW 8th St vacant sites that will feature residential and commercial space. The development will be located on three contiguous sites total of 25,563 sq. ft. The project will provide eighty-eight (88) units, one and two bedrooms for low- income families and 590 sq. ft. of commercial space. The project will provide one hundred thirty-five (135) parking spaces, security system, high efficiency elevator, LED lighting, high efficiency appliances, community room and recreational facilities such as gym, solarium, outside deck area with BBQs, meeting room, retail office and front desk. The project will provide an affordable housing for very low, low and workforce income persons, ranging from 60% to 100% of the area median income. The borrower has provided the following financial structure: $2,000,000 (Surtax); $5,000,000 (City of Miami -General Bond Funding); $18,500,000 (Ocean Bank), $3,697,950 (Self Source) and $4,000,000 (Deferred Fees). Total development cost of the project is $34,347,950. Based on the borrower's financial information the project is viable. Vacancies are projected at 7% after the stabilization of the project. At this vacancy level the project is financially feasible, as shown in the attached Pro -Forma. 8th Street Properties, LLC-Essence Miami Acquisition/Relocation Risk On February 25, 2019, the City of Miami issued a Request for Proposals ("RFP") inviting qualified private real estate developers to propose developments of Affordable/Workforce rental housing in the City of Miami. The goal of this application process is for the City of Miami to establish an Affordable Housing Development Pipeline intended to address the affordable housing needs. On June 10, 2021, the City Commission approved Resolution R-21-0222. The City Commission authorized the allocation in an amount not to exceed $5,000,000 from the proposed tranche 2 Miami Forever Affordable Housing Limited Ad Valorem Bonds to the Project provided that the Developer fulfills any and all of the terms and conditions to be set forth by the HCD/HCLC Approvals and fulfills all requirements in order to be in compliance with the Bond Strategies. Pursuant to the Section 18-86 of the Code of the City of Miami, Florida, the Competitive Negotiation Methods and Procedures were waived. Portfolio Risk The project is located in the City of Miami, District 3. The owner of the sites is 8th Street Properties, LLC. Project addresses objectives within the City of Miami's Consolidated Plan. The proposed development is for individuals and families with a gross annual income between thirty (60%) and one hundred (100%) percent of the Area Median Income (AMI) adjusted for family size. The City of Miami GOB funding will be used for development cost (hard costs). The project will yield 88 units. The project has a 30-year Affordability Period. The City's total average investment per unit is $56,818. The Principals have developed and managed a considerable number of units throughout Miami -Dade County and are currently in good standing. Development Budget: Land $4,000,000 Hard Cost $24,610,000 Soft Cost $5,737,950 Total Development Cost: $34,347,950 See attached the Budget - Cost Allocation. Project Information: Project Location: 829-845-847 SW 8th St Area: 25,563 sq. ft. 8th Street Properties, LLC-Essence Miami Number of Units: 88 Type of Unit: 1 bed/1 bath: 565-775 sq. ft. 2 bed/1 bath: 845-960 sq. ft. 2 bed/2 bath: 845-960 sq. ft. Commercial Space: 590 sq. ft. Amenities: Project amenities will include parking garage, community room and recreational facilities such as gym, solarium, outside deck area with BBQs, meeting room, retail office and front desk. Collateral Subordination: 1st Position- Ocean Bank in the amount of $18,500,000 2nd Position: GOB City of Miami in the amount of $5,000,000 3rd Position: County Surtax loan in the amount $2,000,000 Total Developer's Fee: $1,150,000 Project Feasibility: Bedrooms Baths No. of Units Unit Size (SF) Median Income % Max Gross HC Rents Max Net HC Rents Annual Rents 1 1 12 570-775 60% $1277 $1195 $172,080 1 1 45 565-775 100% $1916 $1834 $990,360 2 1 or 2 6 845-960 60% $1531 $1418 $110,604 2 1 or 2 25 845-960 100% $2298 $2185 $655,500 TOTAL: 88 $1,928,544 8th Street Properties, LLC-Essence Miami # Units Type of Bedrooms GOB Funds invested per unit Total Funds Invested 88 1 and 2 $56,818 $5,000,000 8th Street Properties, LLC-Essence Miami Applicant: 8 th Street Properties LLC Land Acquisition ( Paid in full) Project: Essence MIA Cost Allocation TOTAL $4,000,000 11.65% Surtax Paid in Full GOB City of and/or Miami Oceon Bank Self Source Deferred $4,000,000 Hard Costs Hard Cost (Including Site Work) $21,720,000 88.26% $2,000,000 $4,990,000 $14,207,000 $523,000 Performance Bond $330,000 1.34% $330,000 $0 Appliances $200,000 0.81% $200,000 $0 Constructtion Contigency (5%) $1,610,000 6.54% $1,610,000 $0 General Contractor Fee (5%) $750,000 3.05% $750,000 $0 Total Construction Costs $24,610,000 100% $2,000,000 $4,990,000 $15,817,000 $1,803,000 $O Soft Costs Arch Design, Civil Engineering $630,000 10.98% $630,000 $0 Impact, Permit & School Fees $964,950 16.82% $964,950 $0 Appraisals Surveys $50,000 0.87% $50,000 $0 Loan Closing /Financing Fees $458,000 7.98% $458,000 $0 Interest /Carrying Costs $1,825,000 31.81% $1,825,000 $0 Taxes/Insurance $250,000 4.36% $250,000 $0 Soft cost Contingency $400,000 6.97% $400,000 $0 For use by City: City Incurred Costs $10,000 0.17% $10,000 Developer Fee 86 Overhead (4.67% Of Hard Cost) $1,150,000 20.04% $1,150,000 Total Soft Costs $5,737,950 100.00% $0 $10,000 $2,683,000 $1,894,950 $1,150,000 Total Development Cost $34,347,950 $2,000,000 $5,000,000 $18,500,000 $3,697,950 $5,150,000 Percent of City Funding to TDC 100.00% 5.82% 14.56% 53.86% 10.77% 14.99% Total Units 88 Number of City Units 88 Percent of City Units to Total Units 100.00% City Subsidy Per Assisted Unit $56,818 Total Square Footage 16651 7 Total Cost per S/F $206.27 Total Livable Area Total Livable aArea of City Assisted Units 74 753 74 753 Percent of City Area to Total 100.00% Essence MIA STABILIZED YEARS Occupied Revenue Units Physical Occupancy % Rent Growth Vacancy Factor Expense Growth NCOME GROSS RENTAL INCOME Minus: Vacancy (6%) (A). INCOME OPERATING EXPENSES (B). EXPENSES NET OPERATING INCOME DEBT SERVICE COVERAGE Annual Debt Service for all mortgages Deferred Developer Fees (B) Annual Debt Service Debt Service Ratio 1BA 2BA Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 88 88 88 88 88 88 88 88 88 88 94% 94% 94% 94% 94% 94% 94% 94% 94% 94% 6.00% 6.00% 6.00% 6.00% 6.00% 6.00% 6.00% 6.00% 6.00% 6.00% 6.00% 6.00% 6.00% 6.00% 6.00% 6.00% 6.00% 6.00% 6.00% 6.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% $1,162,440 $1,232,186 $1,306,118 $1,384,485 $1,467,554 $1,555,607 $1,648,943 $1,747,880 $1,852,753 $1,963,918 $795,564 $843,298 $893,896 $947,529 $1,004,381 $1,064,644 $1,128,523 $1,196,234 $1,268,008 $1,344,089 $1,958,004 $2,075,484 $2,200,013 $2,332,014 $2,471,935 $2,620,251 $2,777,466 $2,944,114 $3,120,761 $3,308,007 6% Real Estate Taxes $0 Property Insurance $1,300 General & Admin $1,400 R&M/Contract Services $610 Trash $185 Water & Sewer $300 Electric $200 Reserves $250 $4,245 $0 $0 $0 $0 $0 $0 $0 $0 -$117,480-$124,529-$132,001-$139,921-$148,316-$157,215-$166,648 -$176,647 -$187,246 -$198,480 $1,840,524 $1,950,955 $2,068,012 $2,192,093 $2,323,619 $2,463,036 $2,610,818 $2,767,467 $2,933,515 $3,109,526 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $114,400 $118,976 $123,735 $128,684 $133,832 $139,185 $144,752 $150,543 $156,564 $162,827 $123,200 $128,128 $133,253 $138,583 $144,127 $149,892 $155,887 $162,123 $168,608 $175,352 $53,680 $55,827 $58,060 $60,383 $62,798 $65,310 $67,922 $70,639 $73,465 $76,403 $16,280 $16,931 $17,608 $18,313 $19,045 $19,807 $20,599 $21,423 $22,280 $23,172 $26,400 $27,456 $28,554 $29,696 $30,884 $32,120 $33,404 $34,741 $36,130 $37,575 $17,600 $18,304 $19,036 $19,798 $20,590 $21,413 $22,270 $23,160 $24,087 $25,050 $22,000 $22,880 $23,795 $24,747 $25,737 $26,766 $27,837 $28,950 $30,109 $31,313 $373,560 $388,502 $404,042 $420,204 $437,012 $454,493 $472,673 $491,579 $511,243 $531,692 $1,466,964 $1,562,453 $1,663,970 $1,771,889 $1,886,606 $2,008,543 $2,138,146 $2,275,888 $2,422,273 $2,577,834 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $115,000 $115,000 $115,000 $115,000 $115,000 $115,000 $115,000 $115,000 $115,000 $115,000 $1,336,000 $1,336,000 $1,336,000 $1,336,000 $1,336,000 $1,336,000 $1,336,000 $1,336,000 $1,336,000 $1,336,000 1.10 1.17 1.25 1.33 1.41 1.50 1.60 1.70 1.81 1.93 $3,506,487 Year 11 YEAR 12 YEAR 13 YEAR 14 YEAR 15 YEAR 16 YEAR 17 YEAR 18 YEAR 19 YEAR 20 YEAR 21 YEAR 22 YEAR 23 YEAR 24 YEAR 25 YEAR 26 YEAR 27 YEAR 28 YEAR 29 YEAR 30 88 948% 948% 948% 948% 948% I 948% I 94% I 948% I 948% I 948% I 948% I 94% I 948% I 948% I 94% I 948% 948% I 94% I 94% 6.00 6.00 4.00 6.00% 6.00% 4.00% 6.00% 6.00% 4.00% 6.00% 6.00% 4.00% 6.00% 6.00% 4.00% 6.00% 6.00% 4.00% 6.00% 6.00% 4.00% 6.00% 6.00% 4.00% 6.00% 6.00% 4.00% 6.00% 6.00% 4.00% 6.00% 6.00% 4.00% 6.00% 6.00% 4.00% 6.00% 6.00% 4.00% 6.00% 6.00% 4.00% 6.00% 6.00% 4.00% 6.00% 6.00% 4.00% 6.00% 6.00% 4.00% 6.00% 6.00% 4.00% 6.00% 6.00% 4.00% 6.00% 6.00% 4.00% $2,081,753 $2,206,658 $2,339,058 $2,479,401 $2,628,165 $2,785,855 $2,953,006 $3,130,187 $3,317,998 $3,517,078 $3,728,103 $3,951,789 $4,188,896 $4,440,230 $4,706,644 $4,989,042 $5,288,385 $5,605,688 $5,942,029 $6,298,551 $1,424,734 $1,510,218 $1,600,831 $1,696,881 $1,798,694 $1,906,615 $2,021,012 $2,142,273 $2,270,809 $2,407,058 $2,551,482 $2,704,570 $2,866,845 $3,038,855 $3,221,187 $3,414,458 $3,619,325 $3,836,485 $4,066,674 $4,310,674 $3,716,876 $3,939,889 $4,176,282 $4,426,859 $4,692,471 $4,974,019 $5,272,460 $5,588,807 $5,924,136 $6,279,584 $6,656,359 $7,055,741 $7,479,085 $7,927,830 $8,403,500 $8,907,710 $9,442,173 $10,008,703 $10,609,225 $0 $0 $0 -$210,389-$223,013-$236,393-$250,577-$265,612-$281,548-$298,441-$316,348-$335,328-$355,448-$376,775-$399,382-$423,344-$448,745-$475,670-$504,210-$534,463 -$566,530 -$600,522 -$636,554 $3,296,098 $3,493,864 $3,703,495 $3,925,705 $4,161,247 $4,410,922 $4,675,578 $4,956,112 $5,253,479 $5,568,688 $5,902,809 $6,256,978 $6,632,396 $7,030,340 $7,452,160 $7,899,290 $8,373,247 $8,875,642 $9,408,181 $9,972,672 $0 $169,340 $182,366 $79,460 $24,098 $39,078 $26,052 $32,565 $0 $176,114 $189,661 $82,638 $25,062 $40,642 $27,094 $33,868 $0 $183,158 $197,247 $85,943 $26,065 $42,267 $28,178 $35,223 $0 $190,484 $205,137 $89,381 $27,107 $43,958 $29,305 $36,632 $0 $198,104 $213,343 $92,956 $28,192 $45,716 $30,478 $38,097 $0 $206,028 $221,876 $96,675 $29,319 $47,545 $31,697 $39,621 $0 $214,269 $230,751 $100,542 $30,492 $49,447 $32,964 $41,206 $0 $222,840 $239,981 $104,563 $31,712 $51,425 $34,283 $42,854 $0 $231,753 $249,581 $108,746 $32,980 $53,482 $35,654 $44,568 $0 $241,024 $259,564 $113,096 $34,300 $55,621 $37,081 $46,351 $0 $250,664 $269,946 $117,619 $35,671 $57,846 $38,564 $48,205 $0 $260,691 $280,744 $122,324 $37,098 $60,159 $40,106 $50,133 $0 $271,119 $291,974 $127,217 $38,582 $62,566 $41,711 $52,138 $0 $281,963 $303,653 $132,306 $40,126 $65,068 $43,379 $54,224 $0 $293,242 $315,799 $137,598 $41,731 $67,671 $45,114 $56,393 $0 $304,972 $328,431 $143,102 $43,400 $70,378 $46,919 $58,648 $0 $317,171 $341,568 $148,826 $45,136 $73,193 $48,795 $60,994 $0 $329,857 $355,231 $154,779 $46,941 $76,121 $50,747 $63,434 $0 $343,052 $369,440 $160,970 $48,819 $79,166 $52,777 $65,971 $0 $356,774 $384,218 $167,409 $50,772 $82,332 $54,888 $68,610 $552,960 $575,078 $598,082 $622,005 $646,885 $672,760 $699,671 $727,658 $756,764 $787,035 $818,516 $851,257 $885,307 $920,719 $957,548 $995,850 $1,035,684 $1,077,111 $1,120,196 $1,165,003 $2,743,138 $2,918,785 $3,105,414 $3,303,700 $3,514,362 $3,738,162 $3,975,907 $4,228,455 $4,496,715 $4,781,653 $5,084,293 $5,405,721 $5,747,089 $6,109,621 $6,494,613 $6,903,440 $7,337,564 $7,798,531 $8,287,985 $8,807,668 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 so so so so so so so so so so so so so so so so so so so $o $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 $1,221,000 2.25 2.39 2.54 2.71 2.88 3.06 3.26 3.46 3.68 3.92 4.16 4.43 4.71 5.00 5.32 5.65 6.01 6.39 6.79 7.21 1ABiU( Building the Next Generation of Communities Nuri Dorra Owner 8th Street Properties LLC 786-234-1461 09/19/24 City of Miami Housing and Community Development One Flagler Building 14 NE 1 Ave, Second Floor Miami, FL 33132 Attention Alfredo Duran, Deputy Director - Housing and Community Development Request for Extension of Project Benchmarks for Essence MIA I hope this letter finds you well. I am writing on behalf of 8th Street Properties LLC, the sponsor of the Essence MIA affordable housing project located at 845 SW 8th Street, Miami, FL 33130. We are requesting extensions for all of the benchmarks listed in Section 6.1, Article VI, Project Sponsor's Obligations, of the Loan Agreement, originally signed on January 25th, 2022. Unfortunately, the project has encountered significant delays due to unforeseen economic factors beyond our control. Shortly after the agreement was signed, construction costs escalated by nearly 100%, and lending rates rose to historic highs, currently around 8%. These challenges created a situation where additional funding was necessary to maintain the viability of the project. Despite these obstacles, we remained committed to the project's success. We worked diligently to secure the necessary funding and were ultimately awarded a Surtax loan of $2,000,000 from Miami -Dade County. With this funding in place, alongside the 1ABiU( Building the Next Generation of Communities commitments from Ocean Bank and the $5,000,000 from the City of Miami, we now have all the pieces in place to proceed with the project. The Essence MIA project is mostly ready to move forward, with the plans in the final stages of permitting. We anticipate beginning construction within the next six months. However, to account for any potential delays, we respectfully request a 12-month extension on all project benchmarks. We expect to commence construction in April 2025 and complete the project by April 2027. We appreciate your understanding and support as we navigate these challenges. Please feel free to contact me if you require any further information or clarification. 'hank you for your consideration of this request. Sin+erely, Nuri ••wn 8t reet9r`nperties LLC MIAMIDAD COUNTY Daniella Levine Cava Mayor May 29, 2024 Barbara Gomez 8th Street Properties, LLC 16426 NE 32nd Avenue North Miami Beach, FL 33160 Re: Essence MIA Dear Ms. Gomez: Public Housing and Community Development 701 NW 1st Court, 16th Floor Miami, FL 33136-3914 T 786-469-4100 • F 786-469-4199 miamidade.gov On April 2, 2024, the Board of County Commissioners (BCC) conditionally approved funding for those affordable multifamily housing developments through Resolution No. R-254-24 that did not meet the minimum requirements necessary for approval on the 2023 Request for Applications (RFA) comprised of the Documentary Stamp Surtax (Surtax), State Housing Initiatives Partnership (SHIP), Home Investment Partnerships (HOME), and Housing Development Assistance Grant (HODAG) application cycle. After careful consideration and discussion, the BCC granted a conditional Surtax funding approval in the amount of $2,000,000 for the proposed Essence MIA development, located in District 5, if the required thresholds are met and closing of the Surtax loan can be achieved on/or before September 30, 2024. To address the deficiencies listed below in your application, PHCD staff will be available from June 3rd through 7th 2024 to provide technical assistance. Failure to schedule and attend this technical assistance meeting will void the conditional approval. Required technical assistance items to be addressed: • Evidence of firm financial commitments • Sources and Uses • Updated proforma Please reach out to Ms. LaWanda Scott -Clark at (786) 469-2113 or lawanda.scott(cr�miamidade.gov to schedule your technical assistance meeting. Sincerely, Alex R. Ballina Director Enclosures OFFICIAL FILE COPY CLERK OF THE BOARD OF COUNTY COMMISSIONERS MIAMI-DADE COUNTY, FLORIDA MEMORANDUM Agenda Item No. 8(K)(1) TO: Honorable Chairman Oliver G. Gilbert, III DATE: April 2, 2024 and Members, Board of County Commissioners FROM: Geri Bonzon-Keenan County Attorney SUBJECT: Resolution authorizing the County Mayor to award up to $62,474,342.00 in Documentary Stamp Surtax and/or State Housing Initiatives Partnership Funds, $5,055,162.00 in Home Investment Partnerships ("HOME") Program funds and $7,611,995.00 in Housing Development Assistance Grant ("HODAG") funds for applications in response to the FY 2023 SURTAX/SHIP/HOME Request For Applications ("RFA") to develop affordable multi -family workforce, faith based, public housing, elderly and small development rental housing; authorizing the County Mayor to execute conditional loan commitments, amendments, standard shell contracts, loan documents and other transactional documents necessary to accomplish the purposes set forth herein, to shift funds and funding sources awarded to a project to any new affiliated entities created for the purpose of carrying out a project, to subordinate and/or modify the terms of the contracts, agreements, amendments and loan documents, and to exercise termination, waiver, acceleration and other provisions to award funding set aside for the RFA Resolution No. R-254-24 The accompanying resolution was prepared by the Public Housing and Community Development Department and placed on the agenda at the request of Prime Sponsor Commissioner Marleine Bastien. GBK/jp fr Geri Bonzon-Keenan County Attorney MDC001 MIAMI•DADE Memorandum c1= Date: April 2, 2024 To: Honorable Chairman Oliver G. Gilbert, III and Members, Board of County Commissioners From: Daniella Levine Cava !? - Mayor /i- �Lt�{G( C�ucue_ � Subject: FY 2023 Documentary Stamp Surtax, State Housing Initiatives Partnership, Home Investment Partnerships and Housing Development Assistance Grant Program Award Recommendations for Multi -Family Rental, Public Housing, Small Developments, Faith Based, and Elderly Developments Executive Summary The purpose of this item is to seek the Board of County Commissioners' (Board) approval of funding recommendations for 12 applications in response to the FY 2023 Surtax/SHIP/HOME Request for Applications (RFA), that met minimum threshold criteria, in an amount up to $32,506,743.00 in Documentary Stamp Surtax and/or State Housing Initiatives Partnership (Surtax/SHIP) program funds, $5,000,000.00 in Home Investment Partnerships (HOME) program funds, and $7,500,000.00 in Housing Development Assistance Grant (HODAG) program funds. Activities recommended for funding include multi -family rental countywide developments, faith -based developments, public housing, elderly and small developments. Additionally, this item seeks Board approval of funding recommendations for 12 applications in response to the RFA that did not meet the minimum threshold requirements, in an amount up to $29,967,599.00 in Surtax/SHIP program funds, $55,162.00 in HOME program funds, and $111,995.00 in HODAG program funds for the development of multi -family rental countywide developments, faith -based developments, public housing, elderly and small developments. The award of funds to applications that did not meet the minimum threshold criteria shall be conditioned upon the applications having met all the RFA criteria within a timeframe determined by the County Mayor or County Mayor's designee. Recommendation It is recommended that the Board of County Commissioners (Board): 1. Approve the proposed funding recommendations for 12 applications in response to the RFA that met minimum threshold criteria in an amount up to $32,506,743.00 in Surtax/SHIP program funds, $5,000,000.00 in HOME program funds, and $7,500,000.00 in HODAG program funds. Activities recommended for funding include multi -family rental countywide developments, small developments, faith - based developments, public housing and elderly developments, as identified in Exhibit A to the resolution; 2. Approve the proposed funding recommendations for 12 applications in response to the RFA that did not meet minimum threshold criteria for the RFA in an amount up to $29,967,599.00 in Surtax/SHIP program funds, $55,162.00 in HOME MDC002 Honorable Chairman Oliver G. Gilbert, III and Members, Board of County Commissioners Page No. 2 program funds, and $111,995.00 in HODAG program funds, so long as applications meet the RFA criteria within a timeframe determined by the County Mayor or County Mayor's designee. Activities recommended for funding include multi -family rental countywide developments, small developments and elderly developments, as identified in Exhibit B to the resolution; 3. Authorize the County Mayor or County Mayor's designee to award funds to the applicants identified in Exhibits A and B to the resolution and to execute all conditional loan commitments in substantially the form attached to the resolution as Exhibit C, standard shell contracts, agreements, loan documents, and amendments to accomplish the purposes set forth in this legislation, and to shift funds and funding sources awarded to a project to any new affiliated entities created for the purpose of carrying out a project; 4. Authorize the County Mayor or County Mayor's designee, upon a determination that such actions are in the best interest of the County, to subordinate and/or modify the terms of contracts, agreements, amendments and loan documents so long as such modifications are approved by the County's Attorney's Office as to legal form and sufficiency and are not substantially inconsistent with this resolution, and to exercise termination, waiver, acceleration and other provisions in said agreements and documents. Scope This item recommends funding for new construction and/or rehabilitation of affordable housing developments including, multi -family rental countywide developments, faith -based developments, public housing, elderly and small developments in multiple locations countywide. This item has the impact of providing affordable housing located in Commission districts 1, 2, 3, 5, 6, 9, 10 and 12. Delegation of Authority This item requests a delegation of authority to authorize the County Mayor or County Mayor's designee to fund 12 applications which did not meet threshold criteria, for the FY 2023 Surtax/SHIP/HOME RFA as identified in Exhibit B to the resolution, with the condition that the County Mayor or County Mayor's designee determine that the applications have met the RFA criteria within a timeframe set by the County Mayor or County Mayor's designee. This item requests a delegation of authority to authorize the County Mayor or County Mayor's designee to execute all conditional loan commitments, standard shell contracts, agreements, loan documents, subordinations, modifications and amendments pursuant to the proposed Surtax/SHIP, HOME and HODAG funding recommendations and to accomplish the purposes set forth in this legislation, to shift funds and funding sources awarded to a project to any new affiliated entities created for the purpose of carrying out a project, and exercise the termination, waiver, acceleration, or other provisions set forth therein. Fiscal Impact/Funding Source The award of Surtax/SHIP, HOME and HODAG funds will not have a negative fiscal impact on the County's General Fund. MDC003 Honorable Chairman Oliver G. Gilbert, III and Members, Board of County Commissioners Page No. 3 Track Record/Monitor Alex R. Ballina, Director, Public Housing and Community Development Department (Department) will monitor all Surtax/SHIP, HOME and HODAG activities. The Department will monitor all projects to ensure compliance with Federal, State and County guidelines and policies. Background The RFA was made available on July 10, 2023, with a due date of August 10, 2023 with a total of $53,742,000.00 in available funding. The public was advised of the application process by posting notices via the Department's website and through the Department's developers email distribution list. Prior to the issuance of the RFA, the Department solicited comments on a draft version of the RFA from the public via an in person Developer Roundtable meeting held on June 15, 2023. The RFA provided funding opportunities for multi -family countywide, small developments, elderly developments, public housing, and housing developed by faith -based organizations. A total of 29 applications were received in response to the RFA, for a total combined request of $94,791,220.00. Each of the 29 applications were evaluated on minimum threshold criteria outlined in the RFA by the Department staff and an outside third -party underwriter. Applications that met minimum threshold criteria were forwarded to the FY 2023 Housing Selection Committee to be scored and ranked. Considering the critical shortage and increasing need of affordable housing stock, the Department is recommending funding for 24 of the 29 applications, which includes both applications that did and did not meet threshold criteria, for a combined total of $62,474,342.00 in Surtax/SHIP funding, $5,055,162.00 in HOME funding and $7,611,995.00 in HODAG funding, outlined in Table 3. The Department is recommending the award of 12 applications that met threshold criteria and were ranked and scored by a selection committee as outlined in Table 1. Twelve applications that did not meet threshold criteria, are conditionally recommended for funding contingent on mandatory attendance at technical assistance workshops provided by the Department and satisfaction of minimum threshold criteria by the date of financial closing, in six months or whichever comes first, see Table 2. Funding recommendations for applicants that did not meet threshold criteria has been adjusted to maximum subsidy caps of 25% as outlined in the RFA. Delegated authority is being requested to fund these 12 applications, with the condition that applicants must meet all the RFA criteria within the given deadline. A threshold analysis of all applications is outlined in Attachment 1. Table 1. Applicants the Met Minimum Threshold Criteria Project Name SURTAX/SHIP Requested HOME Requested HODAG Requested No. of Units Recommended Funding Amounts Lil Abner Apartments 3 $5,000,000.00 326 $5,000,000.00 Gallery at Lummus Parc $5,000,000.00 452 $5,000,000.00 Cordova Estates $1,300,000.00 190 $1,300,000.00 MDC004 Honorable Chairman Oliver G. Gilbert, III and Members, Board of County Commissioners Pa No. 4 Liberty Renaissance $2,450,000.00 98 $2,450,000.00 Ernie Martin Villas $4,896,743.00 288 $4,896,743.00 Heritage Village South $1,500,000.00 $1,500,000.00 $2,000,000.00 116 $5,000,000.00 Residences at Palm Court $1,500,000.00 $2,000,000.00 288 $3,500,000.00 Perrine Apartments II $1,000,000.00 $2,000,000.00 $2,000,000.00 150 $5,000,000.00 Jose Marti Villas $2,000,000.00 $1,500,000.00 153 $3,500,000 .00 Quail Roost Transit Village II $4,960,000.00 124 $4,960,000.00 St. Mary Towers Apartments $2,400,000.00 100 $2,400,000.00 Gardens at Casa Familia $2,000,000.00 50 $2,000,000.00 Totals $32,506,743.00 $5,000,000.00 $7,500,000.00 2,335 $45,006,743.00 Table 2. Applicants that Did Not Meet Minimum Threshold Criteria Project Name SURTAX/SHIP Requested HOME Requested HODAG Requested No. of Units Recommended Funding Amounts 14th Street Development $3,000,000.00 398 $3,000,000.00 Essence MIA $2,000,000.00 88 $2,000,000.00 Viva Building $2,425,000.00 97 $2,425,000.00 Hibiscus Grove $5,000,000.00 270 $5,000,000.00 Residential Plaza at Blue Lagoon $149,713.00 $299,810.00 15 $167,157.00 Edison Towers II $2,400,000.00 96 $2,400,000.00 Casa Lynda $1,500,000.00 21 $1,437,500.00 Bluenest Apartments of West Perrine $5,000,000.00 22 $1,716,125.00 Marcia Flats $2,900,000.00 58 $2,900,000.00 The Morris Residences $3,690,000.00 40 $3,690,000.00 Blessings Court $7,082,954.00 39 $5,000,000.00 NoMi Lofts $600,000.00 5 $398,974.00 Totals $35,597,954.00 $149,713.00 $299,810.00 1149 $30,134,756.00 Table 3. Total Recommended Funding for Threshold and Non -Threshold Applicants SURTAX/SHIP HOME HODAG Threshold Applicants $32,506,743.00 $5,000,000.00 $7,500,000.00 Non -Threshold Applicants $29,967,599.00 $55,162.00 $111,995.00 Totals $62,474,342.00 $5,055,162.00 $7,611,995.00 Five (5) of the 29 applications are not being considered for funding and are identified in Attachment 2. Applications for Royal Pointe and Metro Grande II were not considered because both applications were fully funded in the FY 2022 Surtax/SHIP/HOME funding cycle. The three remaining applications were submitted by one developer; Grand Court Lakes Apartments, Oak Grove Apartments and Park Towers, however these applications did not MDC005 Honorable Chairman Oliver G. Gilbert, III and Members, Board of County Commissioners Page No. 5 include a request for gap financing, which was the basis of the RFA, instead the applicant requested 100 percent funding for the total project cost. All funding recommendations for affordable housing developments are conditioned on receiving a full credit underwriting analysis and subsidy layering review, with a favorable recommendation, prior to contract negotiations and loan closings. Upon approval of this item, the Department will issue a conditional loan commitment in substantially the form included as Exhibit C to the resolution. A due diligence review was conducted to assess past performance in utilizing County funds and legal capacity pursuant to Resolution No. R-630-13 to make efficient and transparent use of funds for much needed housing for County residents. There are no findings to report for the entities that are recommended for funding. Cathy Burgos, LW Chief Community Services Officer Attachment MDC006 FY 2023 SURTAX/SHIP/HOME RFA THRESHOLD ANALYSIS Attachment 1 c z O C " d u. c N Z CD al Q O m c a co l— E N CI E >_ a) Z cU Leveraging Organizational Capacity Financial Capacity Track Record Site Control Green Certification Resp Contractor Affidavit Funding Request per Application Cap Subsidy per Unit Funding Cap TDC limits Passed MinimumThreshold Passed Scoring Threshold FY 2023 MULTIFAMILY RENTAL - COUNTYWIDE 14th Street Development, LLC 14th Street Development Y Y Y Y Y Y NA Y Y Y Y Y N Cordova Estates, LLC Cordova Estates Y Y Y Y Y Y NA Y Y Y Y Y Y 8th Street Properties, LLC Essence MIA N N Y Y Y Y NA Y Y Y Y N NA RUDG, LLC Gallery at Lummus Parc Y Y Y Y Y Y NA Y Y Y Y Y Y 2500 W 7th Street, LLC Viva Building N Y Y Y Y Y NA Y Y Y Y N NA Metro Grande II Associates, LTD Metro Grande II Y Y Y Y Y Y NA N Y N Y N NA CREI Holdings, LLC Lil Abner Apartments 3 Y Y Y Y Y Y NA Y Y Y Y Y N EM Vilas, LLC Ernie Martin Villas Y Y Y Y Y Y NA Y Y Y Y Y Y Hibiscus Grove, LP Hibiscus Grove N Y Y Y Y Y NA Y Y Y Y N NA Liberty Renaissance Apartments, LLC Liberty Renaissance Y Y Y Y Y Y NA Y Y Y Y Y Y YMP Real Estate Management, LLC Grand Court Lakes Apartments N N N Y Y N NA Y N N Y N NA YMP Real Estate Management, LLC Oak Grove Apartments N N N Y Y N NA Y N N Y N NA YMP Real Estate Management, LLC Park Towers N N N Y Y N NA Y N N Y N NA FY 2023 MULTIFAMILY RENTAL - PUBLIC HOUSING RUDG, LLC Residences at Palm Court Y Y Y Y Y Y NA Y Y Y Y Y Y MDC007 Heritage Village South, Ltd. Heritage Village South Y Y Y Y Y Y NA Y Y Y Y Y Y FY 2023 MULTIFAMILY RENTAL - FAITH BASED Cornerstone Group Partners, LLC Royal Pointe Y Y Y Y Y Y NA N Y N Y N NA St. Mary Towers Apartments, LLLP St. Mary Towers Apartments Y Y Y Y Y Y NA Y Y Y Y Y Y FY 2023 MULTIFAMILY RENTAL - SMALL DEVELOPMENTS Sunshine State Development of South Florida, Inc Casa Lynda N Y Y Y Y Y NA Y Y Y Y N NA Palmetto Homes Urban Development Group, Inc. Blessings Court N Y N Y Y Y NA Y N N Y N NA Bluenest Homes 4, LLC Bluenest Apartments of West Perrine Y Y N Y Y Y NA Y Y N Y N NA Gardens at Casa Familia, LLC Gardens at Casa Familia Y Y Y Y Y Y NA Y Y Y Y Y Y Marcia Flats, LLC Marcia Flats Y Y Y Y N N NA Y Y Y Y N NA 1688 Property Owner, LLC- Ophira Cukierman The Morris Residences N Y N Y Y Y NA Y Y N Y N NA Sunshine State Development of South Florida, Inc. NoMi Lofts N Y Y Y Y Y NA Y Y N Y N NA FY 2023 MULTIFAMILY RENTAL -ELDERLY Assistance to the Elderly, Inc. Residential Plaza at Blue Lagoon N Y Y Y Y Y NA Y Y N Y N NA Edison Towers II, LLC Edison Towers II N Y Y Y Y Y NA Y Y Y Y N NA RUDG, LLC Jose Marti Villas Y Y Y Y Y Y NA Y Y Y Y Y Y Perrine Apartments II, Ltd Perrine Apartments II Y Y Y Y Y Y NA Y Y Y Y Y Y Quail Roost Transit Village II, Ltd Quail Roost Transit Village Y Y Y Y Y Y NA Y Y Y Y Y Y MDC008 Agency/Entity/ Organization Name Legal Name Development Name Project Location Comm Dist. Development Type Construction Type No. of Units Surtax/SHIP Funding Requested rr HOME Funding Requested HoDAG Funding Requested Score Total Funding Recommended Total Development Cost Applicants Not Recommended for Funding YMP Real Estate Management, LLC YMP Real Estate Management, LLC., 4500 North State Road 7, Lauderdale Lakes, FL 33319 Grand Court Lakes Apartments 280 Sierra Drive, Miami, FL 33179; 30. 2218-004-0020 1 Rehabilitation Mid -Rise 181 52,737,000 y0 $0 NA $0 $2,737,000 YMP Real Estate Management, LLC YMP Real Estate Management, LLC., 4500 North Stale Road 7, Lauderdale Lakes, FL 33319 Oak Grove Apartments 15401 NE 61h Avenue, Miami, FL 33162 2 Rehabilitation Mid -Rise 368 $5,000,000 $0 S0 NA $0 $5,000,000 YMP Real Estate Management, LLC YMP Real Estate Management, LLC., 4500 North State Road 7, Lauderdale Lakes, FL 33319 Park Towers 777 NW 155th Lane, Miami, FL 33169; 30- 2114-012-0040 2 Rehabilitation Mid -Rise 210 $3.150,000 $0 $0 NA $0 $3,150,000 Royal Pointe Associates, LTD Royal Pointe Associates, Ltd., 2100 Hollywood Blvd., Hollywood, FL 33020 Royal Pointe NE Corner of Booker T. Washington Blvd. and Dunbar Drive, Miami FL 33176/ Folio: 30-2019-001-5250, 30-2019-001-5260, 30- 2019-001-5340, 30-2019-001-5350, 30- 2019-001-5360, 30-2019-001-5420 9 Nw Construction Garden Style 102 $1,500,000 SO $0 NA $0 $32,846,892 Metro Grande II Associates, LTD Metro Grande II Associates, Lid., 2100 Hollywood Blvd. Hollywood, FL 33020 Metro Grande II W 19th Street; NW Comer of W 19th Street and W 91h Avenue, Hialeah, FL 33010; 04-3013-076-0010 6 New Construction High Rise 94 S2,350,000 $0 $0 NA $0 S39.545,663 NA - These applications did riot meet all of the threshold requirements and were therefore not scored. MDC009 Date: To: From: Subject: MIAMI•DADE Memorandum �o�Nn March 6, 2024 Honorable Chairman Oliver G. Gilbert, III and Members, Board of County Commissioners Alex Ballina, Director Public Housing and Community Development Department Request to Process Late Departmental Agenda Item Please accept this late item request from PHCD for the Fiscal Year 2023 SURTAX/SHIP/HOME Award Recommendations item to be processed for agenda placement. Although this item has not met the noticed deadline and has been provided to the Agenda Coordination Office late, it is important that the item be heard at the March 11th Housing, Recreation, Culture and Community Development Committee and the April 2nd Board meeting. Due to the current housing affordability crisis, the department provided additional funding that allowed an increase in the number of projects funded, which required more time to process. Subsequently, a number of these projects in this item are scheduled to close by the end of May. If unable to close, the County risks losing hundreds of much needed affordable housing units, while developers are hit with rising interest rates on financing needed to fund these projects, coupled with increased construction costs. The purpose of this item is to seek the Board of County Commissioners' (Board) approval of funding recommendations for the FY 2023 Surtax/SHIP/HOME Request for Applications (RFA), for applications that met minimum threshold criteria, in an amount up to $32,506,743.00 in Documentary Stamp Surtax and/or State Housing Initiatives Partnership (Surtax/SHIP) program funds, $5,000,000.00 in Home Investment Partnerships (HOME) program funds, and $7,500,000.00 in Housing Development Assistance Grant (HODAG) program funds. Activities recommended for funding include multi -family rental countywide developments, faith -based developments, public housing, elderly and small developments. Additionally, this item seeks Board approval of funding recommendations for the RFA for 12 applications that did not meet the minimum threshold requirements, in an amount up to $29,967,599.00 in Documentary Stamp Surtax and/or State Housing Initiatives Partnership (Surtax/SHIP) program funds, $55,162.00 in Home Investment Partnerships (HOME) program funds, and $111,995.00 in Housing Development Assistance Grant (HODAG) program funds for the development of multi -family rental countywide developments, faith -based developments, public housing, elderly and small developments. The award of funds to applications that did not meet the minimum threshold criteria shall be conditioned upon the applications having met all the RFA criteria within a timeframe determined by the County Mayor or County Mayor's designee. Therefore, please process the item notwithstanding that the 3-day rule may be applicable to it. I am aware that this item is subject to approval for placement on the agenda by the appropriate committee chairperson as well as the BCC Chairman, and review by the Office of the County Attorney. MDC010 Honorable Chairman Oliver G. Gilbert, III and Members, Board of County Commissioners Page 2 Approved by May Cathy Burgos or Mayor's Designee Print Name Nicole Tallman Approved by Legislative Director or Designee Print Name c: Geri Bonzon-Keenan, County Attorney CAOagenda@miamidade.gov Eugene Love, Agenda Coordinator 2 MDC011 MEMORANDUM (Revised) TO: Honorable Chairman Oliver G. Gilbert, III and Members, Board of County Commissioners FROM: Si:'.` onzon-Keenan County Attorney DATE: April 2, 2024 SUBJECT: Agenda Item No. 8(K)(1) Please note any items checked. "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 2/3's present , 2/3 membership , 3/5's , unanimous , CDMP 7 vote requirement per 2-116.1(3)(h) or (4)(c) , CDMP 2/3 vote requirement per 2-116.1(3)(h) or (4)(c) , or CDMP 9 vote requirement per 2-116.1(4)(c)(2) ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required MDC012 Approved Mayor Agenda Item No. 8(K)(1) Veto 4-2-24 Override RESOLUTION NO. R-254-24 RESOLUTION AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO AWARD UP TO $62,474,342.00 IN DOCUMENTARY STAMP SURTAX AND/OR STATE HOUSING INITIATIVES PARTNERSHIP FUNDS, $5,055,162.00 IN HOME INVESTMENT PARTNERSHIPS ("HOME") PROGRAM FUNDS AND $7,611,995.00 IN HOUSING DEVELOPMENT ASSISTANCE GRANT ("HODAG") FUNDS FOR APPLICATIONS IN RESPONSE TO THE FY 2023 SURTAX/SHIP/HOME REQUEST FOR APPLICATIONS ("RFA") TO DEVELOP AFFORDABLE MULTI -FAMILY WORKFORCE, FAITH BASED, PUBLIC HOUSING, ELDERLY AND SMALL DEVELOPMENT RENTAL HOUSING; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE CONDITIONAL LOAN COMMITMENTS, AMENDMENTS, STANDARD SHELL CONTRACTS, LOAN DOCUMENTS AND OTHER TRANSACTIONAL DOCUMENTS NECESSARY TO ACCOMPLISH THE PURPOSES SET FORTH HEREIN, TO SHIFT FUNDS AND FUNDING SOURCES AWARDED TO A PROJECT TO ANY NEW AFFILIATED ENTITIES CREATED FOR THE PURPOSE OF CARRYING OUT A PROJECT, TO SUBORDINATE AND/OR MODIFY THE TERMS OF THE CONTRACTS, AGREEMENTS, AMENDMENTS AND LOAN DOCUMENTS, AND TO EXERCISE TERMINATION, WAIVER, ACCELERATION AND OTHER PROVISIONS TO AWARD FUNDING SET ASIDE FOR THE RFA WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that: Section 1. This Board ratifies and adopts the matters set forth in the accompanying justification memorandum and foregoing recital as if fully set forth herein. MDC013 Agenda Item No. 8(K)(1) Page No. 2 Section 2. This Board authorizes the County Mayor or County Mayor's designee to award up to $62,474,342.00 in Documentary Stamp Surtax and/or State Housing Initiatives Partnership Funds, $5,055,162.00 in Home Investment Partnerships (HOME) Program funds and $7,611,995.00 in Housing Development Assistance Grant (HODAG) funds for applications in response to the FY 2023 SURTAX/SHIP/HOME Request For Applications (RFA), which amounts consist of: $32,506,743.00 in Documentary Stamp Surtax funds and/or State Housing Initiatives Partnership (SURTAX/SHIP) funds, $5,000,000.00 in Home Investment Partnerships (HOME) Program funds and $7,500,000.00 in Housing Development Assistance Grant (HODAG) funds for applications that met minimum threshold criteria as identified in Exhibit A, and up to $29,967,599.00 in Documentary Stamp Surtax funds and/or State Housing Initiatives Partnership (SURTAX/SHIP) funds, $55,162.00 in Home Investment Partnerships (HOME) Program funds and $111,995.00 in Housing Development Assistance Grant (HODAG) funds for applications that did not meet minimum threshold criteria as identified in Exhibit B. The award of funds to applications that did not meet minimum threshold criteria, and which are listed in Exhibit B, shall be conditioned upon the County Mayor or County Mayor's designee determining that the applications have met all the RFA criteria within a timeframe determined by the County Mayor or County Mayor's designee. Section 3. This Board authorizes the County Mayor or County Mayor's designee to execute all conditional loan commitments, in substantially the form attached as Exhibit C, standard shell contracts, agreements, loan documents, amendments and other transactional documents necessary to accomplish the purposes of this resolution and to exercise the cancellation and other provisions contained therein, and to shift funds and funding sources awarded to a project to any new affiliated entities created for the purpose of carrying out a project. The Board further MDC014 Agenda Item No. 8(K)(1) Page No. 3 authorizes the County Mayor or County Mayor's designee, upon a determination that such actions are in the best interest of the County, to subordinate and/or modify the terms of contracts, agreements, amendments and documents so long as such modifications are approved by the County Attorney's Office as to legal form and sufficiency and are not substantially inconsistent with this resolution and to exercise the termination, waiver, acceleration, or other provisions set forth therein. The foregoing resolution was offered by Commissioner Eileen Higgins who moved its adoption. The motion was seconded by Commissioner Kionne L. McGhee and upon being put to a vote, the vote was as follows: Oliver G. Gilbert, III, Chairman aye Anthony Rodriguez, Vice Chairman aye Marleine Bastien aye Juan Carlos Bermudez aye Kevin Marino Cabrera aye Sen. Rene Garcia aye Roberto J. Gonzalez aye Keon Hardemon aye Danielle Cohen Higgins aye Eileen Higgins aye Kionne L. McGhee aye Raquel A. Regalado aye Micky Steinberg aye MDC015 Agenda Item No. 8(K)(1) Page No. 4 The Chairperson thereupon declared this resolution duly passed and adopted this 2nd day of April, 2024. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this resolution and the filing of this approval with the Clerk of the Board. Approved by County Attorney as to form and legal sufficiency. Shannon D. Summerset -Williams Melissa M. Gallo MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS JUAN FERNANDEZ-BARQUIN, CLERK By: Basia Pruna Deputy Clerk MDC016 7 App ications that Met Threshold Criteria - Exhibit A Agency/Entity/ Organization Name Legal Name Development Name Project Location Comm Dist. Development Type Construction Type No. of Units Surtax/SHIP Funding Requested HOME Funding Requested HoDAG Funding Requested Score Total Funding Recommended Total Development Cost FY 2023 MULTI -FAMILY RENTAL PROJECTS Multi -Family Countywide Developments CREI Holdings, LLC CREI Holdings, LLC., 11239 NW 4th Terrace, Sweetwater, FL 33172 Lil Abner Apartments 11239 NW 4th Terrace, Sweetwater, FL 33172; 25-4006-001-2431; 25-4006-067- 0010 12 New Construction High Rise 326 $5,000,000 50 $0 152.7 $5,000,000 $85,974,049 RUDG, LLC Gallery at Lummus Parc, LLC 2850 Tiger tail Ave, Suite 800, Miami, FL 33133 Gallery at Lummus Parc 395 NW 1 Street, Miami , FL 33128 and 25 NW North River Drive, Miami, FL 33128; 01-0110-090-1120, 01-0111.020-1080 5 New Construction High Rise 452 $5,000,000 $0 50 152 $5,000,000 $188,171,065 Cordova Estates, LLC Cordova Estates, LLC, 7735 NW 146 Street, Miami Lakes, FL 33016, Sle. 306 Cordova Estates Intersection of SW 336 SI. and SW 172 Avenue (McMinn Road), Florida City, FL 33034; 16-7919-001-0311 (321 E Davis Pkwy); 16-7919-001-0310 (329 E Davis Pkwy); 16-7919-001-0312; 16-7919-001- 0313; 16.7919-001-0314; 16-7919-002- 0280; 16-7919-003-0340 9 New Construction Garden Style 190 $1,300,000 $0 50 129 $1,300,000 $59,614,151 Liberty Renaissance Apartments, LLC Liberty Renaissance Apartments, LLC., 7735 NW 146 Street, Miami Lakes, FL 33016, Ste. 306 Liberty Renaissance 1305 NW 61 Street, 01-3114-043-0150; 1321 NW 61 Street, 01-3114-043-0160; 1331 NW 61 Street, 01-3114-043-0180; 1341 NW 61 Street, 01-3114-043-0190; 1361 NW 61 Street, 01-3114-043-0200; 1320 NW 61 Street, 01-3114-043-0690; 1370 NW 61 Street, 01-3114-043-0660 Miami FL, 33142 3 New Construction Mid -Rise & Garden Style 98 $2,450,000 SO $0 118 $2,450,000 $32,868,271 EM Villas, LLC EM Villas, LLC., 490 Opa Locks Blvd., Opa Locka, FL 33054 Ernie Marlin Villas 20900 NW 14th Place, Miami Gardens, FL 33169,34-1135-032-0010 Rehabilitation Garden Style 288 $4,896,743 50 $0 111 $4,896,743 $92,947,575 Totals: 1354 $18,646,743 $0 $0 $18,646,743 Public Housing Developments Heritage Village South, Ltd. Heritage Village South, Ltd., 161 NW 6th Street, Suite 1020, Miami, FL 33136 Heritage Village South SW 270 Steel; NE of the intersection of SW 270th Street and SW 142nd Avenue, Miami. FL 33032, 30-6934-013-0010; 30- 6934-013-0020; 30-6934-013-0030; 30- 6934-013-0040; 30-6934-013-0050; 30- 6934-013.0060; 30-6934-013-0070; 30- 6934-013-0080; 30-6934-013-0090; 30- 6934-013-0100; 30-6934-013-0110; 30- 6934-013-0120; 30-6934-013-0130; 30- 6934-013-0140; 30-6934-013-0150; 30- 6934-013-0160; 30-6934-013-0170; 30- 6934-013-0180 9 Redevelopment Garden Style 116 $1,500,000 $1,500,000 $2,000,000 137 $5,000,000 $41.002,797 RUDG, LLC RUDG, LLC 2850 Tiger tail Ave, Suite 800, Miami, FL 33133 Residences at Palm Court 950 NW 95th Street, Miami, FL 33150, 30- 3102-000-0250; 950 and 930 NW 95th Street, Miami, FL 33150, 30-3102-000- 0240; 860 NW 95th Street, Miami, FL 33150, 30-3102-000-0340 2 Redevelopment High Rise 288 S0 $1,500,000 $2,000,000 134.7 S3,500,000 S88,100,346 Totals: 404 $1,500,000 $3,000,000 $4,000,000 $8,500,000 Agency/Entity/ Organization Name Legal Name Development Name Project Location Comm Dist. Development Type Construction Type No. of Units Surtax/SHIP Funding Requested HOME Funding Requested HoDAG Funding Requested Score Total Funding Recommended Total Development Cost Elderly Developments Perrine Apartments II, Ltd Perrine Apartments II, Ltd, 161 NW 6th Street, Suite 1020, Miami, FL 33136 Perrine Apartments II Homestead Avenue at the SW of the intersection of Homestead Avenue and West Evergreen Street, Miami, FL 33157; 30-5032-035-0020 9 New Construction Mid -Rise 150 51,000,000 $2,000,000 $2,000,000 160.3 $5,000,000 550,294,319 RUDG, LLC RUDG, LLC 2850 Tiger tail Ave, Suite 800, Miami, FL 33133 Jose Marti Villas 154 SW 17 Avenue, 01-4103-074-0010; 455 SW 1616 Avenue, 01-4102-006-4730; 1820 NW 6th Street, 01-4103-006-0521; 1898 NW 6th Street, 01-4103-006-0580; 527 NW 19th Avenue, 01-4103-006-0580; 519 NW 19 Avenue, 01-4103-006-0600; 423 NW 19th Avenue, 01-4103-006-1250, 1819 and 1821 NW 3rd Street 01-4103- 006-1640 5 Redevelopment High Rise 153 $2,000,000 $0 $1,500,000 158.3 $3,500,000 $55,287,787 Quail Roost Transit Village II, Ltd Quail Roost Transit Village II, Ltd., 161 NW 6th Street, Miami, FL 33136, Ste. 1020 Quail Roost Transit Village II Homestead Avenue at the NE intersection of Homestead Avenue and SW 186th Street, Miami, FL 33157; 30-6005-001- 0290 9 New Construction High Rise 124 $4,960,000 $0 50 148.3 54,960,000 $44,510,409 Totals: 427 $7,960,000 52,000,000 $3,500,000 513,460,000 Faith Based Developments St. Mary Towers Apartments, LLLP St. Mary Towers Apartments, LLLP, 1100 NW 4th Avenue, Delray Beach, FL 33444 SI. Mary Towers Apartments 7615 NW 2nd Avenue, Miami, FL 33150; 01-3112-059-0020 3 Rehabilitation Mid -Rise 100 52,400,000 $0 $0 133.7 52,400,000 $34.894,623 Totals: 100 52,400,000 50 50 52,400,000 Small Developments Gardens at Casa Familia, LLC Gardens at Casa Familia, LLC., 1550 Douglas Road, Suite 280, Coral Gables, FL 33134 Gardens al Casa Familia North of SW 841h Street and SW 109th Avenue, Miami, FL, 33173, 30-4031-000- 0170 10 New Construction Mid -Rise 50 $2,000,000 $0 50 108.3 $2,000,000 $28,143,527 Totals: 50 52,000,000 50 50 $2,000,000 Total Recommended Funding for Applicants that Met Threshold: 2335 532,506,743 55,000,000 57,500,000 545,006,743 4 6 7 10 11 12 Applications With Conditional Approval - Exhibit B Agency/Entity/ Organization Name Development Name Project Location Comm Dist. Development Type Construction Type Total Development Cost No. of Units Surtax/SHIP Funding Requested HOME Funding Requested HoDAG Funding Requested Total Funding Requested Surtax/SHIP Funding Recommended HOME Funding Recommended HoDAG Funding Recommended Total Funding Recommended FY 2023 MULTI -FAMILY RENTAL PROJECTS Applicants Recommended for Funding But Did Not Meet Threshold 141h Street Development, LLC 141h Street Development 1441-1455 N. Miami Avenue North Miami, FL 33136; 1412-1432 NE Miami Court North Miami, FL 33136; 25-31 NE 14th Street North Miami, FL 33136; 01-3136- 005-1140, 01-3136-005-1150, 01-3136- OO5-7130, 01-3136-005-1090, 01-3136- 005-1070, 01-3136-005-1060, 01-3136- 005-1180, 01-3136-005-1151, 01-3136- 005-1110 3 New Construction High Rise $150.828,918 398 $3,000,000 SO SO $3,000,000 $3,000,000 $0 $0 $3,000.000 Bth Street Properties, LLC Essence MIA 829 SW Blh Street, Miami, FL 33130-33; 014138-003-2310; 845 SW 8th Slree70l Miami, FL 33130, 014138-003-2361; 847 SW 81h Street, Miami, FL 33130, 01-4138- 003-2360 5 New Construction High Rise 532.973,289 88 $2,000,000 $0 $0 $2.000.000 $2,000,000 $0 S0 52.000,000 2500 W 71h Street, LLC Viva Building 2500 W 7th Street, Miami, FL 33125 5 New Construction High Rise 531,340,794 97 $2,425.000 $O SO $2,425,000 52,425,000 $O 80 $2,425,000 Hibiscus Grove, LP Hibiscus Grove 9948 W. Hibiscus Street, Miami, FL 33157, 30-5032-004-1820; 30-5032-004-1790; 30- 5032-004-1800; 30-5032-004-1811 9 Nw Conslr coon High Rise $77,565,478 270 $5,000,000 $0 $0 $5,000,000 $5,000,000 $0 $0 $5,000,000 Assistance to the Elderly, Inc. Residential Plaza at Blue Lagoon 5617 NW 7th Street, Miami, FL 33126, 01- 3131-0301-0030 6 Rehabilita0on Mid -Rise $668,628 15 SO $149,713 $299,810 $449,523 $0 S55.162 $111,995 $167,157 Edison Towers'', LLC Edison Towers II NW Corner of NW 58th StreetNew and NW 6th Court, Miami, FL 33127 3 Construction High Rise $49,436,191 96 $2,400,000 $0 $0 $2,400,000 $2,400,000 SO $0 $2,400,000 Sunshine Stale Development of South Florida, Inc Casa Lynda Southwest Comer of NE 11 Avenue between NE 126th Street and NE 127th Street, North Miami, FL 33161; 06-2229- 032-0100, 06-2229-032-0110, 06-2229- 032-0120, 06-2229-032-0130, 06-2229- 032-0140 2 New Construction Garden Style $5,750,000 21 $1,500,000 S0 $0 $1,500,000 51,437.500 SO $0 $1,437,500 Bluenest Homes 4, LLC Bluenest Apartments of West Perrine SW 172nd Street and SW 105th Avenue, Miami, FL, 33157, 305032-013-0950, 30- 5032-013-0960 9 New Construction Garden Style $6,864,500 22 $5,000,000 $0 $0 $5,000,000 $1.716,125 S0 $0 $1.716.125 Marcia Flats, LLC Marcia Flats 300E 1st Avenue, Hialeah, FL 33010, 04- 3118-001-1150; 67 E 3rd Street, Hialeah, FL, 33010, 04-3118-001-1170 6 New Construction Mid -Rise S19,660,429 58 $2.900,000 SO SO $2,900,000 $2,900,000 $0 SO $2,900,000 1688 Property Owner, LLC-Ophira Cukierman The Morris Residences 1709 and 1719 Jefferson Avenue, Miami Beach, FL 33139, 02J234-007-0400 5 New Construction Mid -Rise $14,796,269 40 $3,690,000 S0 $0 $3,690,000 $3,690,000 $0 S0 $3,690,000 Palmetto Homes Urban Development Group, Inc. Blessings Court 6293 NW 17th Avenue, Miami, FL 33147, 01-3114-045-0010; 7715 NW 1st Avenue, Miami, FL 33150, 01-3112-053-0010; 2644 NW 62nd Street, Miami, FL 33150, 30- 3115-039-0090 3 ew construction Garden Style $20,607,954 39 S7.082.954 $0 $0 $7,082,954 $5,000,000 S0 SO $5,000,000 Sunshine State Development of South Florida, Inc. NoMi Lofts 1046 NE 128 Street, North Miami, FL 33161; 06-2229-036-0220 2 New Construction Garden Style $1,595.897 5 $600,000 SO $0 $600,000 $398,974 SO 50 $398.974 Totals: 1149 $35,597,954 $149,713 $299,810 $36,047,477 $29,967,599 $55,162 $111,995 $30,134,756 Exhibit C Miami -Dade County Conditional Loan Commitment Date To: (the "Borrower") Re: (Project Name/the "Property") Type: Dear Borrower: We are pleased to advise you that on , 2024, the Board of County Commissioners (BCC) approved a Conditional Loan Commitment for development activity at the above -listed property (the "Property"). The loan is conditionally committed for the payment of hard construction cost as a portion of the development costs to construct the affordable housing units on the Property. This Conditional Loan Commitment is made based upon FY 2023 Request for Applications requesting Documentary Stamp Surtax (Surtax), State Housing Initiatives Partnership (SHIP), Home Investment Partnerships (HOME) funds. Resolution No. R- 24 conditionally allocated up to $ of Surtax/SHIP/HOME program funds and is subject to the following terms and conditions: Borrower: , or related entity Project: Loan Amount: , a _-unit, style affordable housing community located at in Miami -Dade County, FL , in Commission District . The development which will serve households with incomes at and below _% of area median income ("AMI"). See the conditions below regarding applicable AMI for residents based upon the source of funds for the Loan. The loan shall be in an amount of not -to -exceed $ as approved by the BCC in Resolution No. R- -24 for $ and includes all terms and conditions of such BCC approval, including project scope, activity type and, for federal funds, national objective to be achieved (the "Loan"). The loan amount may be decreased as determined by the Mayor or the Mayor's designee, based upon Underwriting (defined below) and information and documentation provided by Borrower. Conditions: The Loan is conditioned upon the terms, conditions and requirements set forth below (the "Conditions"). The County shall not issue a final unconditional loan commitment, enter into a funding contract, close on the Loan or disburse the Loan funds until all the Conditions are met. Collateral: Upon satisfaction of the Conditions, Miami -Dade County (County) and Borrower will enter into a funding contract and loan agreement. The Loan shall be evidenced by a promissory note and secured by a construction/permanent mortgage with assignment of leases and rents, a collateral assignment of leases and rents, a collateral assignment of construction documents, a rental regulatory agreement (where applicable), and any other security or collateral as deemed appropriate by the Mayor or Mayor's designee, in his or her sole MDCO20 Conditional Loan Commitment 2023 Surtax/SHIP/HOME Request for Applications Page 2 Interest Rate: discretion, with approval of the County Attorney's Office. Borrower shall additionally be required to provide the County with an environmental indemnification agreement, a UCC-1, title affidavit, partnership affidavit (if applicable), corporate resolution approving the loan documents, opinion of counsel, certification of borrower to borrower's counsel, and title policy making the County an insured. The Collateral shall be determined based upon financial feasibility and subsidy layering underwriting to be performed by County staff in an internal process and by an independent underwriter and paid for by Borrower ("Underwriting") following review of a current title search. Additional forms of security may be required if liens, encumbrances, restrictions or covenants exist on the Property which the Mayor or Mayor's designee determines, in his or her sole discretion, threaten the County's Collateral. The Mayor or Mayor's designee shall determine, in his or her sole discretion and in consultation with the County Attorney's Office, whether the Collateral provided by Borrower is sufficient to close and disburse the Loan. Loan terms, including interest rates, are those set forth in the FY 2023 Surtax/SHIP/HOME Request for Applications (RFA), for all funding sources for Multi -family rental projects. Those terms are 0% interest during construction - years 1 and 2-and % interest -only payments for years 3-30 from development cash flow, with another _% interest accruing and due at maturity. Full principal is due at maturity; and as modified prior to closing by the Mayor or Mayor's designee in accordance with the results of Underwriting. Repayable: There will be no penalty for prepayment of the Loan (payment of Loan balance before the end of the repayment term). Repayment terms are those set forth in the FY 2023 Surtax/SHIP/HOME Request for Applications RFA for repaid loan funds in accordance with Section 17-02 of the Code. Terms are applicable for all funding sources listed in the FY 2023 Surtax/SHIP/HOME RFA. All terms may be modified prior to closing by the Mayor or Mayor's designee in accordance with the results of Underwriting. The prepayment of any Loan shall not affect the term of affordability set forth in the Rental Regulatory Agreement or in any of the other Loan Documents. Term: The Loan will be for 30 years, or as may be established prior to closing by the Mayor or Mayor's designee in accordance with the results of Underwriting. Conditions: 1. Underwriting, as explained above, shall include financial feasibility review, subsidy layering review, and credit review. Underwriting is performed to protect the County's scarce affordable housing funds and is performed to ensure that the Project has sufficient financing to be completed timely and that the Project is not over -subsidized, meaning the Loan is not needed or the Loan Amount is too high. The County reserves the right to reduce the Loan Amount subject to Underwriting. The County further reserves the right to refuse to issue a final, unconditional loan commitment to Borrower or to enter into a contract for the Loan or to close on the Loan in the event that Underwriting determines that the project is financially unfeasible or otherwise is unfeasible. The costs of Underwriting are to be paid by Borrower. 2. Borrower must prove control of the Property through purchase or lease, as evidenced by a deed or lease and recorded memorandum of lease in Borrower's name. Absence of any threat of foreclosure, taking by eminent domain, or pending bankruptcy are additionally required. 3. Borrower must provide the County with written financing commitments showing committed financing for the entire Development Cost of the Project, including any gaps between the Loan and the overall costs to develop the Project. The Development Cost of the Project means the total cost of completing the entire Project, from acquisition to the issuance of Certificate of Occupancy, including but not limited to the costs for acquisition, design and planning, zoning and variances, financing costs, legal costs, construction, and permitting. In the event of a dispute as to what amount constitutes the actual Development Cost, Borrower and County will use the amount determined by Underwriting to be the Development Cost. MDCO21 Conditional Loan Commitment 2023 Surtax/SHIP/HOME Request for Applications Page 3 4. Conformance of the Project with the County legislation approving the Loan. 5. Complete plans and specifications of the Project. 6. Payment and performance bond in the amount of the entire construction budget or otherwise in conformance with applicable law. Where a payment and performance bond are not required by law, the Mayor or Mayor's designee may alternatively accept — at the Mayor or Mayor's designee's sole discretion — a letter of credit in an amount acceptable to the Mayor or Mayor's designee. 7. Appraisal of the Property showing that the value of the Project and Property, when completed, exceeds the total amount of debt from all sources to be secured by the Project, unless waived by the Mayor or Mayor's designee. 8. A Phase I environmental report requiring no further action. 9. For CDBG and HOME/HODAG funds, if required, the cost of the HUD environmental assessment must be paid by the borrower. 10. Such other conditions which are customary and reasonable for a loan of this nature, such as adhering to all Federal, State and local regulations, ordinances, codes and standards. 11. Meeting all requirements of the State Housing Initiatives Partnership ("SHIP"), Documentary Surtax, Home Investment Partnerships Program ("HOME"), program, as applicable, and County resolutions and ordinances governing affordable housing development. 12. The Loan, if SHIP or Surtax funds, may only be used for the development of affordable housing for residents with household incomes not greater than 140% of AMI. The Loan, if HOME/HODAG or CDBG funds, may only be used for the development of affordable housing for residents with household incomes not greater than 80% of AMI. 13. Pursuant to the Miami -Dade Board of County Commissioners' Resolution No. R-34-15, Developers, its agents and/or representatives, shall provide written notice to the County related to the availability of rental opportunities, including, but not limited to, the number of available units, bedroom size, and rental prices of such rental units at the start of any leasing activity; requiring the developer advertise the information described in newspapers of general circulation. This Conditional Loan Commitment will expire in six (6) months if not extended by Miami -Dade County. An extension of this Conditional Loan Commitment may be granted at the sole and absolute discretion of Miami - Dade County. Any extension granted will be contingent upon compliance with and in accordance with Resolution No. R-232-14, as applicable and must be signed by the Mayor or Mayor's Designee to be valid. If the loan does not close prior to the expiration or extension of this Conditional Loan Commitment, the funds will be subject to recapture and allocated to other projects. This Conditional Loan Commitment is not assignable. This Conditional Loan Commitment is the sole and complete agreement between the parties as to the terms of the Loan described herein. The terms of this Conditional Loan Commitment may only be changed in writing in a document signed by the Mayor or the Mayor's designee. No representations, written or verbal, of Miami -Dade County employees, or others purporting to act on behalf of Miami -Dade County, may change the terms of this Commitment. Miami -Dade County wishes to thank you for your proposal and the opportunity to provide financing for this development, and we look forward to closing this transaction. Sincerely, Miami -Dade County Daniella Levine Cava, Mayor Date: c: Cathy Burgos, Chief Community Services Officer M DCO22 Conditional Loan Commitment 2023 Surtax/SHIP/HOME Request for Applications Page 4 Approved as to Form and Legal Sufficiency Assistant County Attorney Date MDCO23 TO: FROM: Members of the Housing and Commercial Loan Committee George N Et irectt5r Depart t of Community & Economic Development REFERENCES: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE SUBJEECT: ENCLOSURES: BORROWER: July 30th, 2021 FILE : 81' Street Properties, LLC: Essence Miami 8th Street Properties LLC is a Florida Limited Partnership Company that was established in November 2005 and managed by the Nuri Dorra and Ingrid Dorra. Mr. Nuri Dorra has been a Real Estate Developer since 1975. His portfolio includes real estate development in Argentina and Florida. Mr. Dorra's extensive experience includes the development of single family homes, townhouses, multi- family projects, hotel conversions and real estate rehabilitation. 8`I' Street Properties, LLC owns the three (3) lots that will become the new development, Essence Miami, PROJECT Essence of Miami will be a new 8-story mixed use development that will feature residential and commercial space. The development will be developed on three contiguous sites having a total of 25,563 sq. ft., located at 829 SW 8"' Street, in the Little Havana neighborhood . The project will provide eighty-eight (88) rental units, one and two bedrooms for low- income and workforce families and 590 sq. ft. of commercial space, The Project will contain fifty-seven (57) units of one bedroom, on bath and thirty-one (31) units of two bedrooms and one bath. All the units will be City -assisted for low-income families at 60% of AMI and workforce families at 100% of AMI. BACKGROUND On February 25, 2019, the Department of Housing and Community Development ("Department") issued a Request for Proposals ("RFP") in HOME Investment Partnerships Program ("HOME") funds; Community Development Block Grant ("CDBG") funds; State Housing Initiatives Partnership Program ("SHIP") funds; Affordable Housing Trust Funds ("AHTF") funds; and Miami Forever Bonds ("GOB") for the construction and rehabilitation financing of multifamily rental housing projects and homeownership projects. On June 10, 2021, the City Commission approved Resolution R-21-0222. The City Commission authorized the allocation in an amount not to exceed $5,000,000 from the proposed Tranche 2 Miami Forever Affordable Housing Limited Ad Valorem Bonds to the Project provided that the Developer fulfills all the terms and conditions to be set forth by the Department of Housing and Community Development and approved the Housing and Commercial Loan Committee, (HCD/HCLC). Pursuant to the Section 18-86 of the Code of the City of Miami, Florida, the Competitive Negotiation Methods and Procedures were waived by a 4/5"' vote of the City Commission. 8TH STREET PROPERTIES, LLC 2 June 25, 2021 ESSENCE MIAMI BORROWER'S REQUEST The Borrower submitted a request for Bond funds in the amount of $5M to cover in part the total development cost of the proposed 88 unit mix use development targeting low income families at 60% of the area median income and workforce households at 100% of the area median income. DEPARTMENTAL RECOMMENDATION Based on the proposal provided by Borrower, the Department recommends allocation up to $5,000,000 in Miami Forever Bonds ("GOB") funds to 8`1' Street Properties, LLC for the development of Miami Essence project. Funding of GOB dollars shall be contingent on but not limited to the following terms and conditions. The following loan terms and conditions shall apply: 1. Project Financing: Evidence of the project securing a construction/permanent loan from Ocean Bank in the amount of no Less than $14M acceptable to the Department of Housing and Community Development and the City Attorney's office. 2. Permitting: Evidence that project has secures full construction building permit from the City of Miami. 3. City Comrraissiorz Approval: Subsequent approval of the project by the City of Miami Commission approval. 4. Use ofFunds: City fluids will be used for construction hard costs. No City of Miarni GOB funds shall be disbursed prior to evidence that all project financing as indicated herein has been secured. All project financing shall close simultaneously. 5. City Assisted Units: Eighty-eight (88) project units shall be assisted with GOB funds for low income and workforce households. 6. Maximum Rent and Income Levels: Rents charged on City -assisted units are subject to Florida Housing Finance Corporation State .Housing Initiatives Partnership ("SHIP") program according to the income target proposed by the Borrower. The rent and income limits are published annually by the US Department of Housing and Urban Development ("HUD") and Florida Housing Finance Corporation ("FHFC"). 7. Affordability Period: an affordability period of 30 years will apply commencing from the date the City approves the closeout of the project. 8. Loan Repayrrment & Interest Rate Terms: This is a deferred loan provided to the Borrower with no debt service payments required. The property must maintain the required affordability structure for a period of 30 years. Failure to comply with these requirements will result in the full repayment of principal and an agreed upon interest rate. Full repaymentof principal is due at the 30-year maturity. 9. Draw Disbursements: The City shall not fund any draw request in an amount that exceeds the City's initial contribution percentage of the entire development cost of the project. 10. City Incurred Costs: Borrower understands and agrees that $10,000 of the GOB funds may be used by the City to cover costs incurred by the City on behalf of the project 11. Increase in Project Costs: If the project costs increase ten percent (10%) or more of the original budget, and the Borrower is not able to secure additional funding within 60 days before the project commencement, the project will be subject to recommendation to the Housing and Commercial Loan Conuuttee for de -obligation of the project funding. 12. Retainage(s): Five percent (5%) of each draw request will be retained until the City has received as part of the close-out, at the Borrower's sole cost, a Final Cost Certification prepared by an independent certified public accountant, both in form and substance acceptable to the City. 8`t' STREET PROPERTIES, LLC 3 June 25, 2021 ESSENCE MIAMI 13. Commitment Fee: There will be a $5,000 commitment fee. 14. Eligible Project Costs: Eligible project costs will be effective from the date of environmental clearance. 15. Reporting Compliance: Borrower is subject to compliance reporting requirements in the process of construction and during the affordability period. 16. DevelopmentBe;w/nnarrks/Scope of Work: The project shall: (a) continence construction within six (6) months from the Effective Dater' I of the contract; (b) obtain all certificates of occupancy required for the project within 18 months from the Effective Date; and (c) have all project units rented within. 12 months after the issuance of project's certificate(s) of occupancy, but in no event later than 36 months from the Effective Date. 17. Insurance Requirements: Borrower shall obtain and furnish evidence of insurance coverage as the City may require in connection with the Project, 18. Affirmative Marketing Plan: Borrower shall provide an Affirmative Marketing Plan using HUD's approved form and report to the City annually en all actions taken to comply with said plan. Borrower shall comply with the requirements of the affordable housing notice to City Officials Ordinance #13491. 19. Lottery: Selection of eligible tenants shall be from the results of a tenant lottery, which shall be conducted with a representative of the City of Miami present. In addition, the project shall comply with the requirements of the City of Miami Ordinance #13645, Resident Preference. 20, Project Signage: Borrower shall furnish signage identifying the Project and shall acknowledge the contribution of the City by incorporating the seal of the City and the names of the City commissioners and officials in all documents, literature, pamphlets, advertisements, and signage, permanent or otherwise. All such acknowledgments shall be in a form acceptable to the City and its costs should be covered under the City Incurred Cost line item. 21. De -obligation ofFunds: The City may at its sole discretion de -obligate the funding approved herein, if by no later than six (6) months from the date of approval of the City funds, the Borrower has failed to close on all funding commitments represented herein 22. Discretionary Action by Administration: Staff shall have the discretion to approve and, by way of Memorandum, authorize the City Manager to execute any and all documents needed to further the Project Completion, provided, however, that the lien position nor the project terms are not materially affected. 23. Compliance with Ordinance #13491 Notice to Residents, and Ordinance #13645 Resident Preference. 24. Compliance with the provisions of Davis Bacon Act, and regulations, as amended. 25. Project Default: If the City determines that the project is in default, the following conditions will apply: e The highest interest rate available under the law will be applicable for the funds disbursed frorn date of disbursement. e The Restrictive Covenant will remain as a restriction on the Project property throughout the Affordability Period; and s The borrower, project developer, managing partner(s) of the borrower and/or other individuals, principals and/or other entities as determined by the City will be debarred from receiving any City funding for a period of five (5) years. (II The "Effective Date" is the date on which the contract has been signed by the City Manager and attested to by the City Clerk. 8TH STREET PROPERTIES, LLC 4 June 25, 2021 ESSENCE MIAMI HOUSING AND COMMERCIAL LOAN COMMITTEE DECISION: Approved as Recommended by Staff Yes ❑ No N/A El To Include Additional Conditions or Restrictions Yes ❑ No ❑ N/A D Disapproved Yes ❑ No ❑ N/A ❑ To Include Further Action Yes ❑ No ❑ N/A ❑ Specify any further action, conditions or restrictions: 7,chairperson Stamp Date 8TH STREET PROPERTIES, LLC 4 June 25, 2021 ESSENCE MIAMI HOUSING AND COMMERCIAL LOAN COMMITTEE DECISION: Approved as Recommended by Staff Yes No /A E To Include Additional Conditions or Restrictions Yes [ No NIA E Disapproved Yes E No [ N/A ❑ To Include Further Action Yes E No [ IA ❑ Specify any further action, conditions or restrictions: IOUSINC LOAN COMMITtEE hairperso'or Represeniati e JUL 3 0 2021 APaRRiaVED—