R13-021 11 s
1 RESOLUTION NO. R13- 0:
/
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING THE CITY
6 MANAGER AND CITY CLERK TO EXECUTE
7 AMENDMENT NO. 1 TO NON - PROFIT DEVELOPER
8 AGREEMENT WITH BOYNTON BEACH FAITH -
9 BASED COMMUNITY DEVELOPMENT
10 CORPORATION TO PROVIDE ADDITIONAL NSP1
11 FUNDING FOR THE ACQUISITION AND
12 REHABILITATION OF AN ABANDONED OR
13 FORECLOSED PROPERTY; AND PROVIDING AN
14 EFFECTIVE ATE.
15
16 ; WHEREAS, the City Commission previously approved the Non - Profit Developers
17 1 Agreement via Resolution R10 -039 which awarded the NSP1 funding to Boynton Beach
18 Faith Based Community Development Corporation; and
19 WHEREAS, the City has unspent funding that it must use by March 4, 2013, and in
20 order to ensure complete expenditure of the NSP1 funds and meet its NSP goals, the City
21 wishes to provide additional funding to the Boynton Beach Faith Based Community
22 development Corporation; and
23 WHEREAS, upon recommendation of staff, the City Commission of the City of
24 Boynton Beach Florida deems it to be in the best interest of the citizens and residents to
25 approve and authorize the City Manager to Execute Amendment No. 1 to the Non - Profit
26 Developer Agreement between the City of Boynton Beach and The Boynton Beach Faith -
27 Based Community Development Corporation to provide additional NSP1 funding to the
28 Boynton Beach Faith Based Community Development Corporation for the acquisition and
29 rehabilitation of an abandoned or foreclosed property.
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
2 as being true and correct and are hereby made a specific part of this Resolution upon
3 adoption.
4 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
5 approves and authorizes the City Manager and City Clerk to execute the Non - Profit
6 Developer Agreement between the City of Boynton Beach and The Boynton Beach Faith-
7 Based Community Development Corporation to provide additional NSP1 funding to the
8 Boynton Beach Faith Based Community Development Corporation for the acquisition and
9 rehabilitation of an abandoned or foreclosed property, a copy of the Amendment is attached
10 hereto as Exhibit "A ".
11 Section 3. That this Resolution shall become effective immediately.
12 PASSED AND ADOPTED this J°_,/day of February, 2013.
13
14 CITY OF BOYNTON BEACH, LORIDA
15
16 i C V -e,Z2
1 7 Mayor — Wo ow L. Ha
18 !f.
19
20 ( Vice Mayer- ack McCray
21 �-
22 All
23m � •,O Tayl•
24
25 _
26 Commissio ►� r - even • lzman
27
28 ATTEST: ,*z,
29 Comnsioner — e Segal
30
31 • • •
32 �.Y�` ��.,.�C
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34
35 (Co t3) . to :1)
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AMENDMENT 001 TO DEVELOPER AGREEMENT
WITH
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
NEIGHBORHOOD STABILIZATION PROGRAM —CFDA NO. 14.218
AWARD NUMBER B- 08 -MN -12 -0002
Amendment 001 entered into this 19 day of February, 2013, by and between the City of
Boynton Beach hereinafter referred to as "CITY" and the Boynton Beach Faith Based
Community Development Corporation hereinafter referred to as "NON- PROFIT
DEVELOPER."
WITNESSETH:
WHEREAS, CITY has received federal funding in the amount of $2,963,311 pursuant to the
Neighborhood Stabilization Program under Title II of Division B of the Housing and Economic
Recovery Act of 2008 hereinafter referred to as NSP1 to improve neighborhoods by reducing the
number of abandoned and foreclosed homes; and
WHEREAS, CITY entered into an Agreement with the Boynton Beach Faith Based Community
Development Corporation, together with R.M. Lee Community Development Center, Inc. on
July 26, 2010, (R10 -039) to provide $2,266,980 of Neighborhood Stabilization Program -1 Grant
funds for the purpose of acquiring and repairing abandoned and foreclosed homes to be
rehabilitated and made available to eligible low to moderate income families; and
WHEREAS, Boynton Beach Faith Based Community Development Corporation merged with
R.M. Lee Community Development Center, Inc. to become Boynton Beach Faith Based
Community Development Corporation; and
WHEREAS, the NSP 1 regulations has imposed by statute a deadline of March 04, 2013 for
100% expenditure of NSP1 funding which if not met shall result in CITY losing the unspent
NSP1 funds; and
WHERAS, CITY has $72,717.70 in unspent administrative funding that it wishes to transfer and
expend on providing an additional housing unit(s); and
WHEREAS, the parties wish to modify the Agreement; and
WHEREAS, both parties mutually agree that the Agreement entered into on July 26, 2010, is
hereby amended as follows:
A. Change all references in the agreement to "Boynton Beach Faith Based Community
Development Corporation, together with R.M. Lee Community Development Center, Inc." and
replace with "Boynton Beach Faith Based Community Development Corporation."
Boynton Beach Faith Based Community Development Corporation NSP 1 Agreement
Amendment
B. Add the Catalog of Federal Domestic Assistance (CFDA) and NSP federal grant award
numbers per audit findings.
C. EXHIBIT "A" — POLICY GUIDELINES FOR NEIGHBORHOOD
STABILIZATION PROGRAM — OWNERSHIP;
Add the following text to this section of the agreement:
FUNDING AND EXPENDITURE REQUIREMENTS
CITY will allocate NSP1 funding in an amount not to exceed $2,339,697 which consists of the
original allocation of $2,266,980 plus an additional amount of $72,717.70.
NON - PROFIT DEVELOPER must meet expenditures of not less than 100% ($2,339,697) of
their total NSP 1 funding awarded and submit all necessary related reimbursement documentation
not later than March 04, 2013, unless such date is amended by CITY. NON- PROFIT
DEVELOPER shall diligently undertake the activities outlined in this Agreement and provide
documentation to enable CITY to accurately document the expenditure of funds in the Disaster
Recovery Grant Reporting (DRGR) system. NON - PROFIT DEVELOPER understands that
funds not expended by said date may be withdrawn by HUD and may consequently no longer be
available through this Agreement. NON - PROFIT DEVELOPER expressly agrees to complete
all work required in strict accordance with the timetable as outlined in this Agreement.
D. EXHIBIT "B" — SCOPE OF SERVICES, SECTION lA Description of Project
Add the following text to this section of the agreement:
NON - PROFIT DEVELOPER agrees to acquire and rehabilitate at least one (1) additional
housing unit for sale or use funds towards the construction of housing units in the Ocean Breeze
subdivision as a result of the CITY providing additional NSP1 funding under this amendment.
NOW THEREFORE, 1) all items in the original Agreement in conflict with this Amendment
shall be and are hereby changed to conform to this Amendment, and 2) all provisions not in
conflict with this aforementioned Amendment shall remain in full force and effect and shall be
performed at the same level as specified in the Agreement.
This Amendment to Agreement shall be effective upon execution by both parties.
This Amendment to Agreement may be fully executed in multiple copies by all Parties, each of
which bearing original signatures, shall have the force and effect of an original document.
3
Boynton Beach Faith Based Community Development Corporation NSPI Agreement
Amendment
IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and BOYNTON BEACH FAITH
BASED COMMUNITY DEVELOPMENT CORPORATION have executed this agreement the
day and year first above written.
CITY OF B YNTON BEACH
ATTEST: ; Y: (/
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WI • 4-01:-I-44110 ,:-,, , ' -
(" tjt-t- City Clerk
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APPROVE / AS I ORM AND LEGAL S b °'N ,s " ti CY
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City At T ey frr
State of Florida
County of Palm Beach
The Foregoing instrument was acknowledged before me, the undersigned Notary Public
in and for the State of Florida, on this, the 0 day of Mari- h , 2013 by , lane r 1'4 - Prc in, to
City Clerk and U 1 to (e {✓1errrespectively.
Notary Public, State of Florida
41, . ' ILEANA E CARUSO
NOTARY PUBLIC MY �MICN #EE C Ltt a C e a-c't } --
SEAL OF OFFICE EXPIRES A^"'ry 06' Wie Pr nted, typed or stamped name of Notary
(4°7) 31641" "°"`"111"."4“'001" ruulic exactly as commissioned
Individuals who signed are personally known: no identification produced.
4
I _ ..1. BOYNTON BEACH FAITH BASED COMMUNITY
Witness DEVELOP NT CORPORATION
State of Florida
County of Palm Beach
On this, the day of ■, 2013, before me the undersigned Notary Public of
State of Florida, the foregoing instrument was acknowledged by Q,() , of Boynton
Beach Faith Based Community Development Corporation, a Florida c rporation, on behalf of the
corporation.
WITNESS my hand
And official seal
otary Public, State of Florida
04,0 Pu Notary Public State of Panda
' ,
, Debbie A R sion D d 4 \ ,c00.4.4.
c My Comrrnssior, DD93a011
94. OF, Expires 12/02/2
w Printed, typed or s am name of
Notary Public exactly as commissioned
Personally known to me or produced identification