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HomeMy WebLinkAbout1999 10 25 Consent Item B COMMISSION AGENDA ITEM B Consent X Informational Pu blic Hearing Regular October 25. 1999 Meeting Mgr.(i)J.J'\ / Dept. v....u. A-dthorization REQUEST: The City Manager requests the Commission authorize the City Manager to advance funds under the Moss Cove Project contract in the amount of $17,100.00 to the Wyman Fields Foundation. PURPOSE: The purpose of this agenda item is to request the Commission approve the release of $17,100.00 from contracted project delivery fee funds to the Wyman Fields Foundation as a repayable loan, for the Moss Cove Project. These funds will replenish the Foundation's operational funds, which have been expended on behalf of the Moss Cove Project. The $17,100.00 will be repaid to the City upon the Moss Cove acquisition loan closing anticipated to be on or before November 30, 1999. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 420.9072(1)(a) F.S. which states in part: "In addition to the legislative findings set forth in 420.6015 F.S., the Legislature finds that affordable housing is most effectively provided by combining available public and private resources to conserve and improve existing housing and provide new housing for very-low income persons, low- income persons, and moderate income persons. The Legislature intends to encourage partnerships in order to secure the benefits of cooperation by the public and private sectors and to reduce the cost of housing for the target group by effectively combining all available resources and cost-saving measures. The Legislature further intends that local governments achieve this combination of resources by encouraging active partnerships between government, lenders, developers, and community groups to produce affordable housing and pride related services." CONSIDERATIONS: CDD/October 20,1999/5:09 PM OCTOBER 25, 1999 CONSENT AGENDA ITEM B Page 2 · The City executed a contract on June 28, 1999 with the Wyman J~ields Foundation to provide rehabilitation dollars for the Moss Cove Project. · The Foundation has proceeded through underwriting to receive approval from Fannie Mae for the acquisition of 70 units on and around Moss Road. Acquisition loan closing is anticipated to be November lOtI\ 1999. · The Foundation entered into "Sale and Purchase" contracts with seven different owners, with closing dates not more than 60 days. · Moss Cove acquisition loan closing delays have required additional "good faith" escrow deposits and other expenditures, in order to keep the current owners under contract. These funds were not budgeted or anticipated as part of the project costs and has greatly reduced the Foundations general revenue dollars (cash flow) otherwise utilized for operational funds. FUNDING: City funding of $ 869,071 is proposed In the Bond Issue recommended to the Commission to be issued this year. SCHEDULE: February 1999: July 1999: October 14, 1999: November 10, 1999: December 1999: September 2000: July 2001: Approve Contracts Complete Acquisitions of Units Ground Breaking Ceremony Closing on 70 units Scheduled Complete Design and Construction Documents Complete Rehabilitation of Units Complete Sale of Units STAFF RECOMMENDATION: City Manager recommends that the Commission authorize the release of advance funds In the amount of$17,100.00 to the Wyman Fields Foundation to be repaid to the City on or before November 30, 1999. ATTACHMENTS: A. Wyman Fields Letter of Request B. Advance Agreement C. Original Agreement between City of Winter Springs and Wyman Fields COMMISSION ACTION: CDD/October 20, 1999/5:09 PM October 18, 1999 Ron Mclemore, City Manager City of Winter Springs 1126 East S.R. 434 Winter Springs, FL 32708 Dear Mr. Mclemore, The Foundation is requesting a loan in the amount of$17, 100, (the amount of project delivery fees remaining under the agreement) to replenish unbudgeted operating funds expended on behalf of the Moss Cove Project. The loan will be repaid to the City upon acquisition loan closing (November 10, 1999) from the distribution offunds due the Foundation. The Acquisition loan process through Fannie Mae has been quite lengthy and unanticipated. The "Sale and/or Purchase" contracts between the Foundation and the owners of the 52. units were executed with 60 day loan closing clauses. Since the acquisition loan has taken so long, two extensions with the current owners have been negotiated. These extensions have. required larger "good faith deposits" from the Foundation ~hat were not part of the overall anticipated project budget. Due to the length of the delay good faith deposits and other expenditures have contributed to the depletion of our general operating funds. Fannie Mae is quite sensitive to relocation ancllor displacement of current residents. The acquisition loan was delayed.up to 45 days until such time as the Foundation, provided assurances to the lender of our relocation plan. The acquisition loan from Fannie Mae has been in the underwriting process over 120 days. The length of time spent so far in underwriting was not anticipated. On June 28, 1999 The City Commission approved and executed an "Agreement Relating to Creation of Affordable Housing" with the Wyman Fields Foundation. Since that time, the Foundation has performed various activities towards the acquisition and rehabilitation of 70 units (phase I) on Rhoden Lane, Kristi Ann Court, and Lori Ann Lane, in Winter Springs. Activities have included; Acquisition: American Communities Fund a division of Fannie Mae, has completed the underwriting of the Foundation for a below market 100% acquisition loan in the amount of $7,436,292. The average price for aU properties in the Moss Road redevelopment area are averaging $155,600 per quadraplex. ' Phase I Acquisition dollars for 70 units in the amount of$3,050,589. Closing scheduled for November 10, 1999(phase I consist of 20 units on Rhoden Ave, 32 units on Kristi Ann Court, and 18 units on Lori Ann Lane.) Phase II Acquisition dollars for 90 units in the amount of$3,718,146. Closing scheduled for February 28, 2000 207 Moss Road No~ Suite 105 Winter Springs, Florida 32708 Telepholle(407) 327-0408 Fax (407) 327-0308 Email birle({4mpinet.net. Rehabilitation: The Foundation let formal construction bids for the rehabilitation activities for Phase I (52 units) on August 23rd, 1999. The firm. of Trovillion and Daugherty General Contractors were awarded the contract on September 16th, 1999. All construction plans and specifications are complete and will be submitted for permitting to the City of Winter Springs on Thursday, October 21 S\ 1999. Once permits have been issued and the acquisition loan has been closed, rehabilitation will begin. Anticipated rehabilitation start date is December 1, 1999. In addition to the activities that relate to acquisition and rehabilitation of the units, staff has provided housing counseling to most of the current residents in order to begin relocation and the pre- qualification process of home ownership of the units when completed. I appreciate your time and effort in this matter, and look forward to a successful long term partnership with the City as it proceeds in the revitalization effort in and around Moss Road. Sincerely, ~~~. Candace A. Birle CEO . :... .' \~\2JCJ~ ~~\\ 5& ~/I lNVOICE July 1, 1999 RECEIVED JUl 07 1999 trt"t' OF WNTERSPRlNGS . Finance Department Wyman Fields Foundation, Inc. 125 Coastline Rd, Suite 1400 Sanford, Florida 32771 Job: Project Delivery Fee Pursuant to Contract for Moss Cove affordable housing project. Total Project Delivery Fee' $87,000 I 80% of Project Delivery Fee Due $69,900 Total Due $69,900 Due and payable ""1./)/'1 , .,,1 Y J , , : / 1/ _~ 0 i.n JUL -7_ ..-----3~E..f:{... _". 125 Coastline Rd Suite 1400 Sanford, Florida 32771 Telephone (407~3n 0003 , Fax (407) 328-9394 Email arts(G),magicnet.net 321.... D t.f o~ " AGREEMENT RELATING TO CREATION OF AFFORDABLE HOUSING RECEIVED JUl 07 1999 CtTYOf ~NTERSPRINGS Finance Department THIS AGREEMENT dated this 28th day of June. 1999 is by and between the City of Winter Springs, Florida, a municipal corporation, hereinafter called "City" and the Wyman Fields Foundation hereafter called ""Wyman Fields" and is based on the following premises: WHEREAS, the City and Wyman Fields have identified up to 158 units as potentially needing the acquisition rehabilitation and resale efforts contemplated in this agreement; and WHEREAS, the City and Wyman Fields entered into an agreement that contemplated two (2) major categories of service, namely (1) the Due Diligence Phase wherein certain architectural, environmental, site, general contractor assessment, and economic feasibility studies were undertaken; and (2) the implementation of the project, if the Due Diligence fmdings support moving forward; and WHEREAS, Phase 1, Due Diligence has been completed and determined the, project feasible; THEREFORE, it is the purpose of this agreement to specifically provide for the Phase Two acquisition, rehabilitation, and resale of the housing unit's phase. - THE FOLLOWING PROJECT IMPLEMENTATION SERVICES WILL BE PROVIDED BY WYMAN FIELDS FOUNDATION: ACQUISITION: 1. Acquisition of 52 units, and common areas; 20 units located on Rhoden Lane, :md 32 units located on Kristi Ann Lane, Winter Springs. 2. Generation of a first lenders mortgage for the ownership of the said buildings and units held by the Foundation until which time as the units will be sold through condominium documentation to homeowners. 3. Ownership and maintenance of common areas and any common buildings for a period of at least twenty years, through the Foundation and a legally formed Homeowners Association. REHABILITATION: 4. Inspect eligible housing units to determine deficiencies and prepare work specifications and architectural plans for permitting purposes, code compliance issues, and City of Winter Springs Land Development Regulations. 5. Request and accept bids from eligible contractors to complete the work according to work specifications, and architectural plans. Require that all contractors and subcontractors cany workmen compensation insurance in accordance with State law Page 1 of 4 .' and public liability insurance in the minimum amount of $500,000.00 per occurreltECEI V e D 6. Execute construction contracts with conb:actors. 7. Under Seminole COWlty'S assistance and direction, provide for the relocation of eligible tenants during rehabilitation, utilizing funds other than City fUnds. JUl 07 1993 CITY Of 'MNTERSPRINGS Finance Department 8. Inspect, and monitor progress and assure the completion of specified work as it relates to the rehabilitation of the exterior and interior of 52 units. 9. Inspect, and monitor progress and assure the completion of specified work including but not limited to common areas, parking lots, street scape, landscaping, irrigation, lighting, and signage of each complex. SALE OF UNITS: 10. Request, aggressively advertise, receive and process applications from potential home owners for the purchase of 52 units described in Section I herein, assuring non-discrimination on the basis of race, origin, nationality and gender. MISCELLANEOUS PROVISIONS: 11. Prepare and submit to the City by the 15th of each month, monthly status reports. 12. Upon completion, submit to the City, Certification from the project architect that the project is 100% complete in accordance with the approved plans and specifications and is in compliance with all local zoning and building codes. 13. Upon completion, submit to the City, Certification that all units have Certificates of Occupancy. 14. Maintain and make available appropriate records, project files and fmancial records in accordance with City's requirements. Said records to be maintained/or seven years from date of executed agreement. IS. Indemnify and hold City harmless from any and all claims whether in tort or contact, be solely responsible for the obligations it incurs with private contractors, shaH carry public liability insurance naming the City as additional insured for claims arising Wlder this agreement in the minimum aggregate amount of$I,OOO,OOO.OO. per occurrence. 16. Carry workers compensation insurance on its employees in the minimwn amoWlt required by State law. No employees of Wyman Fields shall be considered an employer of City. 17. Provide Construction Bond for the amount of the construction contracts with a surety authorized to do business in the State of Florida acceptable to the City of Winter Springs. Page 2 of 4 " CITY FINANCIAL PARTICIPATION: Itl:-CI:'''I:-t JUl 01 Cl1YOF~ 1999 Finan "'tE:R .~l'l_ eeDefJa,;;;::tfGS The City of Winter Springs will provide to Wyman Fields the availability and accessibility to loan proceeds in the amount of $869,071 for those activities outlined above, and agree to provide 10% of the loan proceeds to Wyman Fields as project delivery fees, rounded to the nearest one dollar ($87,000) in the implementation of all provisions outlined in this agreement, Project delivery fees and services to include but not be limited to; assisting home owners, contractors and other entities, participating or seeking to Participate in this project. Loan Provisions: BORROWER (S): The Wyman Fields Foundation is a 501 (c) (3) non profit organization incorporated in the State of Florida in good standing at the time of closing of the loan. KEY PRINCIPALS: The President and Secretary of the Board of Directors (Key Principals) of the borrowing entity will be required to sign the loan documents. MAXIMUM LOAN AMOUNT: $782,07 1. This amount is based upon pro forma estimates of work activities as provided by the Borrower, less the project delivery fees. City generally intends that such funds are allocated to the overall project on a per unit basis. INTEREST RATE: Estimated to be Zero percent as of the date of this Agreement based upon the BOND rate as of the date hereof. LOAN TERM: Twenty-four (24) months interest-only construction period (which may be extended for one six (6) month period at the City's option), followed by the repayment of any outstanding principal amount not to exceed $782,07 L MORTGAGE: City reserves the tight to place a second mortgage on each unit acquired, rehabbed or sold, prior to the sale of said unit to an eligible homeowner. L Project Delivery fees will be due and payable as follows; ./ 80% within seven (7) days of execution of this agreement. ./ 10% within seven (7) days of Certificate of Occupancy on twenty units (Rhoden Lane) ./ % within seven (7) days of Certificate of Occupancy on thirty two units (KristiAnn Lane) TERMlDELlVERABLEIP A YMENTS TO WYMAN FIELDS: 2. Loan proceeds averaging $18,000 per unit/20 units (including an agreed upon pro-rata share of common area costs allocated per unit) on Rhoden Lane, in an amount not to exceed $360,000 based upon actual cost, shall be due and payable within seven (7) days of an approv.ed draw request as outlined in Attachment "A". Page 3 of 4 3. Loan proceeds averaging $18,000 per unit/32 units (including au agreed "I:CI:'''I:I>> upon pro-rata share of common area costs allocated per unit) on KristiAnn . J U l 0 1 1. Lane, in an amount not to exceed $576,000 based upon actual cost, shall bCryOF/.14 '999 due and payable within seven (7) days of an approved draw request as FiI'lB11oew:,: SPRING outlined in Attachment "A". rtnJent S 4. Not withstanding the provisions of the preceding paragraphs 2 and 3, the total amount due from City at any given time under this agreement shall not exceed $782,071,00 per Attachment "B". Repayment ofloan proceeds to the City of Winter Springs will be subject to the approved repayment schedule outlined in Attachment "B". 5. All tasks shall be completed on or before January 1, 2001. 6. The City shall not be liable to any third party for any fees or costs incurred under this agreement. 7. Funds payable hereunder from the City of Winter Springs may be withheld for failure by Wyman Fields to comply with the provisions of this agreement. WYMAN FIELDS shall, in fulfillment of this Agreement, comply with HUD regulations regarding lead-based paint, the site-specific environmental clearances and the rules mandated by Section 104 (d) of the Housing and Community Development Act of 1974, set forth in 24 CPR Part 570.496 (a) and 24 CFR Part 570,606, as amended. IN WITNESS WHEREOF the parties have set their hands and seals on the date frrst written above to this three page Agreement. ~A~r[ELDs,rtryNDA TION, INe. . //// ;c-; ,./ / i;' ,I /r'/ _ . . /~J_,. ;1]" r/., (./), 4i?. __( -Anthony,lierrone, President, Board of Directors Date )", "''" ~) 1'(<; c; Date -J" """-- )D. I 'i 7 Y A TIEST: } f [. Jt;J,,-- '- LL ,~,_. v , [nterim City Clerk: Andrea Lorenzo-Luaces Date June 28, 1999 Date Junp 28, 1999 Page 4 of 4 ..: Attachment "A" Wyman Fields - City of Winter Springs Agreement -~Cl:'''I!D JUl O. "....... I 1;;;-.;" -, "01: . . F;fIAft..~R SP. -'f;fJ De",,_ 'RING <., -,ur/ant '-' ~ Draw requests will be based upon the approved plans prepared by the architect/engineer as appropriate to work. ~ The architect/engineer shall sign off on draw requests. ~ Draw requests shall be for actual costs incurred for rehabilitation set forth in this Attachment "A" including the cost of common area improvements approved in advance by the City, allocated on a per unit basis. ~ City shall pay against draw requests submitted by Wyman Fields supported by: a) sign off on each request by the Wyman Fields project director, the contractor certifying completion of the work or installation of the building components for which draw request is sought; and, the architect/engineer as appropriate; and b) delivery of any warranties, bills of sale, releases of lien for any applicable building components or construction; and c) a contractor's affidavit in accordance with Chapter 713, Florida Statutes, and other applicable law, certifying that all labor, material or other construction contractor's have been released or a construction bond for the amount of any such draw; and d) Review of work by a City representative designated by the City Manager, and initially to be the City Building Official. e) City may reject a draw request in writing, to require any of the foregoing or for additional information relating to compliance of work with approved plans, contracts or relevant building codes or development standards. FROM PHONE t-lO. : Oct. 26 1999 12:50AM P2 OCT-25-1'33'3 12:03 CITY OF WIHTER SPRINGS 407 327 4753 P.01/01 CITY 011: WI NTER SPRINGS, FLORIDA n28 l:!^-'ST sum: ROAD 434 WlrrrER SPRiNGS. FLORIDA ~ ToLllpMl\ft (A(7) ~-'llOO RmaJd W. ),(d I'ITInno Cily ~ LETTER AGREEMENT This letter is to advise you that the Winter Sptings CIty Commission l1as apprnved your advance utili:zation of $17,100 of funds provided 10 the tMss Cove HoU9ing project a9 provided in 1110 contract betINoon Wyman Fields BOO the City, provided tn9t the funds are repaid to the project on or before November 30, 1999. Agreed this the ~ h d3y of ~ ~ . 1999 by and b<tl.ween 1tle \Nyman Flekfll FoundBfion and tho City mVVinter Springs. Flork:f8. c~~ Chief Executive Direc1X>r Wyman Fields; Foundation ~u~~ ontlld W. Mc1...emore City Manag8r' City of Winter Springs, Florida TOTAL P.01 OCT-26-1999 12:41 96>; P.02 FROf1 PHONE tn Dc t. 26 1'39'3 12: 51Af1 P3 " OOINVOICEOO October 26, 1999 Wyman Fields Foundation, Inc. Job: Advance Loan of Project Delivery Fees 207 N. Moss Rd, Suite 105 Winter Springs, FL 32708 1. Total Project Delivery Fee $87,000 2. Less First Draw $69,900 3. Less Second Draw $17,100 T otaI Due $ 1 7, 1 00 C~W3->&lao JCT-25-1'399 12:41 Cl""" J f /. P.03