01-22-08 Agenda SpecCITY COMMISSION
CITY OF DELRAY BEACH, FLORIDA
SPECIAL MEETING -TUESDAY, JANUARY 22, 2008
6:00 P.M. DELRAY BEACH CITY HALL
The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-
7010, 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices
are available for meetings in the Commission Chambers.
SPECIAL MEETING AGENDA
Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor Rita Ellis has instructed me to announce a Special Meeting
of the City Commission to be held for the following purposes:
1. COMMUNITY WORKFORCE HOUSING INNOVATION PROGRAM (CWHIP)
AGREEMENT FOR VILLAGES AT DELRAY: Consider approval ofthe Community Workforce
Housing Innovation Program (CWHIP) Agreement for Villages at Delray.
Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at
this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based.
The City neither provides nor prepares such record.
0
MEMORANDUM
TO: Mayor and City Commissioners
FROM: R. BRIAN SHUTT, ASSISTANT CITY ATTORNEY
THROUGH: CITY ATTORNEY
DATE: January 17, 2008
SUBJECT: AGENDA ITEM SP.1 -SPECIAL MEETING OF JANUARY 22, 2008
COMMUNITY WORKFORCE HOUSING INNOVATION PROGRAM (CWHIP~
AGREEMENT FOR VILLAGES AT DELRAY
ITEM BEFORE COMMISSION
Approval of the CWHIP Agreement between the City, Delray Beach Housing Authority, Palm Beach
County School District, Delray Beach Chamber of Commerce and Auburn Development for the
Villages at Delray Project.
BACKGROUND
The Agreement provides that the developer shall commit at least 50% of the residential units to
workforce housing as defined by the City. The City agrees to expedite any comprehensive plan
amendments, rezonings, site plan approvals, and permitting. The developer has also requested that the
City forgive LS million of existing debt secured by the property.
I have provided a sheet that has 4 alternatives regarding the forgiveness of the LS million
dollars. Alternative 1 only modifies the existing language to provide that any loan forgiveness or
restructuring/refinancing will be conditioned upon approval from HUD. Alternative 2 provides the same
as Alternative 1, except, the forgiveness of the LS million shall not take place until the balance of the
loan has been repaid, excluding the LS million, and the workforce units have been
completed. Alternative 3 simply provides that any loan restructuring must be conditioned upon approval
from HUD and does not allow any loan forgiveness. Alternative 4 removes Section 2(g) from the
agreement and does not allow for any loan restructuring/refinancing or loan forgiveness.
RECOMMENDATION
Staff would be in support of the Agreement if Alternative 3 or 4 were chosen.
ALTERNATIVES TO SECTION 2(g)
Alternative No. 1
(g) The City has agreed to forgive $1,500,000 of the existing debt secured by
the land to be utilized for the 264 unit rental development, conditioned upon the
Developer renting such apartments to qualified workforce households for at least 30
years, upon Developer selling all 52 townhomes to qualified workforce households, and
otherwise complying with the City's Workforce Housing Ordinance provided, however,
the forgiveness of $1,500,000.00 of the existing UDAG debt and
restructurin~/refinancin~ of the debt is continent upon the Secretary of HUD or his/her
designee, as determined and approved by the City, providing a written opinion that the
forgiveness of the 1.5 million and the restructurin~/refinancin~ is acceptable under the
rg ant agreements.
Alternative No. 2
(g) The City has agreed to forgive $1,500,000 of the existing debt secured by
the land to be utilized for the 264 unit rental development, conditioned upon the
Developer renting such apartments to qualified workforce households for at least 30
years, upon Developer selling all 52 townhomes to qualified workforce households, and
otherwise complying with the City's Workforce Housing Ordinance provided, however,
the forgiveness of $1,500,000.00 of the existing UDAG debt and
restructurin~/refinancin~ of the debt is contin eg nt upon the Secretary of HUD or his/her
designee, as determined and approved by the City, providing a written opinion that the
forgiveness of the 1.5 million and the restructurin~/refinancin~ is acceptable under the
grant agreements. Also, if such forgiveness were to occur it would not occur until the
balance of the UDAG loan, (excluding the $1.5 million), has been repaid to the City and
the low income rental apartments and townhomes, as provided above, have been
completed and rented or sold.
Alternative No. 3
(g) The City has agreed to restructure/refinance the UDAG debt, provided
however the restructurin~/refinancin~ of the debt is contin eg nt upon the Secretary of
HUD or his/her designee, as determined and approved by the City, providing a written
opinion that the restructuring/refinancing is acceptable under the rg ant agreements.
Alternative No. 4
Eliminate Section 2(g).
Auburn
Group
January 15, 2008
Mayor Rita Ellis
Commissioner Gary P. Eliopoulos
Commissioner Fred Fetzer
Commissioner Woodie McDuffie
Commissioner Brenda B. Montague
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL, 33444
Ladies and Gentlemen:
This letter is a formal request for a vote by the City Commission with respect to the request for a
portion of the financial assistance needed to make possible the workforce affordable rental
community to be named Village at Delray. This request was originally made in a letter dated April
21, 2007 to City Manager David Harden and Director of Community Improvement, Lula Butler,
and again in a presentation made to the City Commission at a workshop on August 14th, 2007.
Specifically we asked for a restructuring of the existing loans secured by the 31 acre Auburn Trace
apartment community totaling approximately X4,600,000, effective when we receive our approvals
and our financing to build this 264 unit rental development. Village at Delray is planned for 11+/-
of the 31 acres that is presently known as Auburn Trace. This closing is estimated to take place
sometime later this summer if all goes well.
In our presentation we showed you a 3-D video of what we are planning for the re-development of
over 60 acres of the city's now blighted Southwest Neighborhood. The Villages will become a
mixed income and mixed use development through apublic-private partnership of the Auburn
Group and the Delray Beach Housing Authority. In this 1,200 to 1,300 home community we will
have close to 1,000 townhouses and condominiums priced for the city's essential services
personnel -policemen, teachers, nurses, firemen and office workers, with favorable financing and
substantial down payment assistance available. An essential component of this master plan is a
mixed income rental apartment community containing 212 low income apartments and 52 market
rate apartments for working families who are not yet in a position to purchase a home. In this full
scale transformation of this fragmented neighborhood into a cohesive model workforce housing
community; the 212 low income rental component is what requires substantial government
assistance, so as to make this entire re-development financially feasible.
Palm Beach County has allocated 1.2 million dollars towards the streetscape for "Village Avenue", and
another one million dollars towards construction costs of the workforce ownership townhouses in
"Village Square", on what was formerly the Carver Estates land owned by the Delray Beach
Housing Authority County Commission Chair Addie Green has allocated X1,000,000 of her
1301 S. W. 10~ Avenue, Building. J, Delray Beach, Florida 33444
Telephone: (561) 278-0053 FAX: (561) 276-7002, Email: tom@auburngroup.net
Auburn
Group
discretionary funds towards the cost of streetscape for Village Avenue. The Delray Beach
Community Re-development Agency has budgeted X1,500,000 towards the cost of the streetscape
for Village Avenue, and was considering budgeting substantially more for streetscape in future
years until the County and Addie Green filled most of the gap. The CRA has also budgeted
X500,000 towards down payment assistance for workforce buyers. The Palm Beach CountS~ School
Board has also approved X500,000 towards down payment assistance for school teachers to help
them purchase homes in Village Square.
What we haven't been able to secure, however, is the financial assistance for the low income rental
component, and that is what requires the most financial assistance. Unfortunately the available
Palm Beach CountS~ funding was restricted to streetscape or down payment assistance. When we
asked for assistance for the low income rental development they asked us what the City of Delray
Beach was contributing. I know that the City is reluctant to contribute funding at this time because
of the property tax cuts mandated by Tallahassee, and the possible additional cuts if the voters
approve the January 29th referendum. That is why we requested assistance that will not require any
out of pocket expenditure by Delray Beach, and our proposed restructuring of the existing loans
will in fact mean significant additional cash received by the city over the next 8 or 9 years. It will
give us the ability to point to this City assistance, however, when we apply to the State for CWHIP
funding on January 29th, and when we go back to the County for assistance for the rental
development as well as additional down payment assistance for workforce buyers.
Currently Delray Beach has two loans receivable from Auburn Trace, a 0% loan in the amount of
X297,696 that is reduced by X21,264 per year until fully repaid in 2022, and a X4,260,341 UDAG
loan of funds received from HUD 17 years ago, at 3% simple interest We are paying X149,243.50
per year on this loan that is being amortized over 50 years, with a balloon payment in 2022. WE
have been proposing the following:
1) Payment in full at closing this summer of the X297,696 city 0% loan instead of the X21,264 per
year through 2022;
2) Continued payment of the current X149,243.50 per year on the UDAG loan after we restructure
the loan
3) At such time as we commence selling workforce townhouses and condominiums on the balance
of the Auburn Trace land, we would commence paring X10,000 to the city at each home's closing
until all but X1,500,000 of the loan was paid in full;
4) At that time the remaining X1,500,000 would be forgiven by the city if we had in fact rented the
212 low income rental apartments to qualified low income residents, and had fulfilled the
requirements of the city's Workforce Housing Ordinance with respect to the Villages to that point
in time.
The city's Finance Department has calculated the actual cost of this restructuring to the city, taking
into account the fact that the city would be receiving most of their loans receivable much sooner, and
1301 S. W. 10~ Avenue, Building. J, Delray Beach, Florida 33444
Telephone: (561) 278-0053 FAX: (561) 276-7002, Email: tom@auburngroup.net
Auburn
Group
has determined that the actual cost is far less than X1,500,000. The City's Finance Director had a
concern that, although cash would in fact be received much sooner, there would have to be a paper
loss for purposes of the city's budget if the original restructuring proposal was utilized. I had asked
that the X1,500,000 be forgiven at closing this summer, but I have now revised the proposal so that the
forgiveness is conditional, and doesn't take place until the balance of the loans have been repaid and
we have in fact lived up to our promises to provide the low income rental apartments and the
workforce housing ownership townhouses and condominiums.
It is your staff's responsibility to protect the city; so we have been asked by staff, "What's in it for the
city?" Our response to staff and to you is as follows:
1) This restructuring is necessary to realize the goal of re-developing the Southwest Neighborhood in
accordance with the city's plan adopted several years ago for this area. We believe this all
encompassing re-development of the city's historic minority neighborhood will result in a third
award of All American City to Delray Beach. The Secretary of the Florida Department of
Community Affairs, Tom Pelham, has spent a half day with us going over our proposed re-
development, and he was quoted in the attached news article saying that this would be the model
workforce housing community for the State of Florida.
2) The city will receive cash sooner to help it fill the gap caused by the Tallahassee property tax
mandates.
3) Although it involves no out of pocket expenditure of funds by the city at this time, it will go a long
way in enabling us to obtain funding from the state, e.g. CWHIP leveraging requirements, the Palm
Beach County Housing Finance Authority, and Palm Beach County.
4) This restructuring is a big part of what is necessary to provide 1,200 to 1,300 new homes in the
city; resulting in substantial additional revenue for the city's Community Redevelopment Agency
from this approximately X200 million dollar re-development, which will dwarf the amount of the
forgiveness requested. Currently the CRA is receiving no tax revenue from the Delray Beach
Housing Authority for its Carver Estates property; and some tax revenue from Auburn Trace and
SW 12`h Avenue, but far less than will be generated by this re-development.
5) More than 40% of these new homes will qualify as workforce homes, with lower prices, lower
interest rates and substantial down payment assistance, to enable our teachers, policemen, nurses,
firemen and office personnel to purchase their own homes.
Without a doubt, building the low income rental component of this exemplary re-development will
require government help. Please provide some of that help through the requested forgiveness?
Respectfully,
Thomas G. Hinners
1301 S. W. 10~ Avenue, Building. J, Delray Beach, Florida 33444
Telephone: (561) 278-0053 FAX: (561) 276-7002, Email: tom@auburngroup.net
Florida Workforce Housing Network: an independent netroots project to support sustaina... Page 1 of 2
FL9RIDA STATE CABINET MEMBER THC?MAS G. PELHAM TOURS SITE OF "THE VILLAGES AT DELRAY"
hy: noahldavis
Mon May 21, 20x77 at 1~F:37:03 PM EDT
(Noah L. Davis is an account executive a[ Reeves Laverdure Public Relations in Boca Raton. -promoted by sieve Webster)
Governor Grist's newly-appointed Secretary of the Department of Community Affairs
views site of the largest world®rceJa##ordable housing development in Florida
DELRAY BEACH, pia. --- Florida's 5®crstary ®f the Departrvzeezt q# ~~rnrttunity A##airsr Tharr-as C~.
Pelham (left, in file photo), recently toured the site of The Villages at Delray (on what was Carver Estates
and the neighboring Auburn Trace), which will be the state's largest workforce/affordable housing
development. Secretary Peiham's visit confirms his long-standing commitment to workforce and affordable
housing developments,
Following the tour, Secretary Pelham stated; "I am very impressed by the scope and design of The V'llages
at Delray. It will have a very positive impact on the community, The Auburn Group and the City are to be
commended for their commitment to community revitalization and khe provision of workforce/affordable
housing."
Secretary Pelham visited Delray Beach at the invitation of th€ auburn ~rauP {Www,azzbzarrzgraup,rzet}, to review the site and
gain a better understanding of the project's scope, The Auburn Group recently signed the master development agreement to
revitalize the area. Secretary Pelham also met with local officials representing the city of Delray Beach, the Community
Redevelopment Agency (CRA), and Palm Beach County, which have supported this innovative redevelopment of Delray Beach's
Southwest neighborhood,
Secretary Pelham was recently appointed by Governor Charlie Crist to the position as head of the Department of Community
Affairs, whose mission includes assisting Florida communities in meeting the challenges of growth and investing in community
revitalization. Secretary Pelharn is the ranking member in the Governor's cabinet on planning and zoning for the entire state of
Florida and a hoard member of the Florida Housing Finance Corporation.
The Villages at Delray comprises more than 1,000 new residences on 54 acres, including the 15 acres of what was formerly Carver
Estates, which was condemned after Hurricane Wilma and is slated to be demolished in May. More than 40% of the new
residences will be set aside for workforce/affordable housing, as part of the mixed-use, mixed-"sncome development.
"Our objective is to give essential personnel, such as policemen, firemen, teachers and nurses, who have been priced out of the
local real estate market, the opportunity to purchase a quality home and live within a reasonable distance to their place of
employ," said Brian I•Iir~n~~~, P~e~atfezat ta# Aabazarz GruuP,
"We are grateful to Secretary Pelham for taking the time to show his support of and commitment to affordable housing in South
Florida," concluded Hinners.
The Villages at De{ray will be built to comply w"sth the city's Workforce Housing Ordinance, which provides density bonuses for the
developers of workforce housing. More than 40% of the homes will be workforce homes, priced sa as to be affordable for
moderate income households. In addition, Delray Beach and the state of Florida provide down payment assistance to moderate
income home purchasers, and favorable mortgage loan programs are available, The balance of the homes will be sold at market
prices. Half of the workforce units will be rental apartments for those who are not yet ready to purchase a home.
"It's great that Secretary Pelham took the time to come and visit us," said Diane Colonna, Fxecut'sve Director of the Delray Beach
Community Redevelopment Agency. "It's important for government officials at his level to see what we're doing and to get the
pulse of Community revitalization on the local level and see how city government can wank with the private sector."
Hinners added, "The principal objective of the program 'ss to enable the area's workforce that has largely been priced out of the
market to purchase homes and participate in the American Dream. Policemen, firemen, teachers, nurses, the essential personnel
we all need for our community, can no longer afford to purchase a home here. If they are to work here they often have to live
elsewhere and travel long distances,
"It has made hiring employees very difficult for our local government and local businesses in general. Palm Beach County
commissioned a study last year Yhat concluded that 90% of the county's households could not afford ko buy the county's median
priced home, and the prices in Delray Beach and Boca Raton are much higher than Palm Beach County as a whole."
The Auburn Group has enlisted the assistance of numerous local non-profit and government service providers so that the end
result will be a model community providing not just attainable housing but also a ful{ range of programs and resources. The
Milagro Center will operate its out-of-school children's programs from a dedicated 4,500 square foot air conditioned section of one
of The Village's clubhouses, with a school bus stop situated at the entrance. The Auburn Group has announced plans to establish
the I Have a Dream Faundakion to provide tutoring after school at its clubhouse and guarantee college scholarships to children
who fully participate in the program. In the middle of The Villages is the Youthland Academy offering quality child care for pre-
school children.
Directly across the street are two other excellent after school programs, one at the new Boys and Girls Club, and the other at the
http://www.floridaworkforcellousing.net/showDiary.do?diaryId=612&view=print 10/24/2007
Florida Workforce Housing Netr~vork: an independent netroots project to support sustaina... Page 2 of 2
Beacon Center, Also directly across the street are Village Academy's innovative elementary school, middle school and their new
high school that wilt open this fall, as well as a Future head start center. Next to the Boys and Girls Club is Delray Beach's newest
city park, Catherine Strong Park, offering tennis courts, basketball courts, a water park, a picnic area and walking trails. The
Auburn Group has adopted this park, and has committed to maintain it,
Nearby there Is the Full Service Center offering adult education, and the new city sponsored Neighborhood Resource Center,
Operating out of the Neighborhood Resource Center are many service organizations, including United Way and the city's
Community Land Trust.
The Villages' three clubhouses will each have large generakors and kitchens designed to provide warm meals in air conditioned
dining areas after hurricanes, until power is restored. They will also have trolley stops for future trolley service ka the city's
popular downtown area and the Tri-rail station on Congress Avenue, A portion of the development, "Village Center," will offer
neighborhood serving businesses for the community such as a grocery store, beauty salon/barber shop, dry cleaner, restaurant
and medical/dental offices.
According to ~~i~ WeiF~er, duburr~ P~~aup'S lsxeeutive Viee ~resicie~t, "This community is very environmentally friendly, not
only with respect to reducing the traffic impact on our roads through having many services a resident will need close at hand, pius
trolley service to the Tri-Ralf and Delray's downtown, but also through many green building practices such as preserving the
existing trees on the 54 acres through an expensive transplanting process. We will have natural lighting, Energy Star appliances
and concrete tunnei farm insulated construction of all walls and ceilings, and utilize recycled water far irrigation."
Close W indnw
http://w~vtiv.floridaworkforcehousing.net/showDiary.do?diaryId=612&vie~print 10/24/2007
HOUSING ASSISTANCE
AND
DEVELOPMENT AGREEMENT
THIS HOUSING ASSISTANCE AND DEVELOPMENT AGREEMENT
"Agreement" is made and entered into this day of January, 2007 by and-a:~:~n~ V:??a}~
F~.J I~.~l4are DeVrelV~erJ~ LL~i, a F1Vrlda `Ilm LGd llablllty VVmpany VPhVse memberJ' are `the
DELRAY BEACH HOUSING AUTHORITY ("DBHA") and and-~~Auburn Development,
LLC ("Developer"), CITY OF DELRAY BEACH ("City"), _PALM BEACH COUNTY
SCHOOL DISTRICT, r~~r v n v r~~ n ru rnr ~rn err TT.rr-r~~ v ~r~~~ -ter nnr T~T.r-r
14GE~*~TCY; ~14LM-~3EACH C4U~*.T'I'~' SCHOOL DIS'I'RICT'~ DELRI~I' BED^rCH P~?LICE
T1T'P A A TI~R~'T~TT P A 7 1\rT..R~' A T-'T~ T-'nT T~TT~I CT~~,'.ATRT,'?.C! nT,'~'T(~'~' !"DRC!!l"1 Tl~'T 7] .A V
LL1 111\ 11Y1L1 `1 1 , L-1 1L1Y1....LL1 1V11 V V V 1 V 1 1 /J 11L1111 1 v Vl 1-1VL `.._ 1 LIJV J7 LJLLll1_l l..
T'IEDIC AL and the DELRAY BEACH CHAMBER OF COMMERCE ("the Chamber").
WITNESETH:
WHEREAS, Developer owns approximately 14~~ acres in Delray Beach, Florida
("Property") known as Villages at Delray, and desires to develop thereon a residential
community consisting of approximately 264 rental apartments and 52-~ I iI workforce
townhomes and associated amenities ("Project"); and rr~ it "~riiia~~~~~ ,r "~ri>>~~~m° T~i~
.~.r.~..r. aaara.unk..ha..~ ak. ka.t.4.~.ar.c!tart, ~k..~.a.~~Qa-tx~:k..rw a.!t,~~~!.. ~..
uvvuiiiv ~ .~.~~. YY u y o ~ uti .,, .,.,~ Niuvv~. ~
WHEREAS, the parties hereto desire to enable Developer to develop a portion of
the Property for the purpose of providing workforce housing to essential personnel as
defined by the City of Delray Beach; and
WHEREAS, the provision of workforce housing to essential personneh as defined
by the City of Delray Beach, falls within the purposes of the 2007 Florida Legislature
passed House Bill 1375 (Section 420.5095, F.S.), a housing bill which... focuses on
addressing some of the affordable housing challenges the State currently faces. HB 1375
(Section 420.5095, F.S.) includes $62.4 million for an affordable housing pilot program
called the Representative Mike Davis Community Housing Workforce Innovation Pilot
Program ("CWHIP"), to provide attainable housing by using regulatory incentives and state
and local funds to promote local public-private partnerships which maximize government
and private resources; and
WHEREAS, the parties hereto intend to create such apublic-private partnership (the
"Project Partnership") for the purpose of helping to address the high cost of living and
housing in the City of Delray Beach and the undue burden on homeownership and rental
opportunities for essential service personnel.
,'WHEREAS, the Villages at Delray will be developed through an Innovative Public
Private Partnership that brings to bear contributions from the private and public sectors, to
create a smart growth mixed income community serving the continuum of community
housing needs, with particular emphasis on serving the needs of essential workforce
personnel employed by the public and private sectors.
WHEREAS, the Public Private Partnership includes the Tillage S~puare Den~lap~ers
LLC -u Fl~ridu -limited -liability c~ p~ny_ xxr~,~,~P ,rr,P,Y„~,P,-~ _~,-P _the DELRAY BEACH
YY IIV JV 111V111VV1J LLlV
HOUSING AUTHORITY ("DBHA")_and «„d Auburn Development, LLC ("Developer"),
CITY OF DELRAY BEACH ("City"), DELRAY BEACH COM~Y~~UNITY
u~n~r~r nnn~r~~r~r n r~~rr~v ~«r~u n ~~~ -PALM BEACH COUNTY SCHOOL
1WLLY LLVl 1Y1L1V 1 11VL1V V 1 `V1~L 1 1,
DISTRICT, DELR1 YY REZiCu POLICE.... DEPI^~~TT ~IE~;T, P1 ;LT ~I BEACH COU~`wTY
c~r~r~~TFC _r~~F1CE ~"PBS",, ~~'~r ~ nv n~r~n~rrnr ~ and the DELRAY BEACH
CHAMBER OF COMMERCE ("the Chamber"). This Agreement outlines the principal
objectives and role of each partner in the public private partnership~~ ~h~ -~~Y~r;~t~~t~;~;~~-*
n r,r,l;c~+,+ fs,- t1,A... rSaruTp .,,.x.l:~~+,, and where Auburn Development,.......L,LC.......aS......the
1 ir,r,,,vu.,~ Zvi ~liv v .. iiii ~~r,r,,,v~~~,~
Applicant is_seeking a loan from Florida Housing for the_new construction of housing under
__ _ _ _
C«TFITP whom is a party to the Public-Private Partnership and has been designated by the
Public. Private Partnershi as .haven financial res onsibiht and which will. execute all. loan
p ~......... p.... ~' .........
documents and will have the authority. at closing to encumber the project.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto intend to be legally bound...;
and_hereby agree as follows:
1. Developer, subject to the terms and conditions herein, and compliance by
each of the parties hereto with their obligations hereunder, hereby agrees to the following in
connection with the Project Partnership:
(a) The Developer shall commit at least twenty-five percent
(50~~%) of the total number of residential units approved to "essential services personnel
workforce housing", as will be defined by the City in a manner that is generally consistent
with its corresponding LHAP definition. The workforce housing commitment to provide
such housing shall met by ~e~~~~offere~ing housing at a price affordable to persons or families
earning up to 140% of the AMI as defined in the CWHIP legislation.
(b) Developer agrees to apply for a grant under the terms of the
CWHIl' to enable the development of a 521_l_~ workforce ownership townhome community
and 264 unit workforce rental community within Villages at Delray to be constructed on
that portion of the Property identified as Type I hereto. These units will be made available
to meet the housing needs of essential services personnel which may include, but not be
limited to, teachers, nurses, police, and fire rescue personnel, in accordance with the goals
of the City of Delray Beach.
(c) _ The .Delray Beach Housing .-Authority agrees to transfer the
redevelopment site... of approximately 18 acres, mcludmg the 3 08 acres mcludcd m this
application and shall have a Capital Account credited in_the amount of $7,000,000 for the
__ _
entire 18 acres.
2. The City of Delray Beach hereby agrees to comply with the following in
connection with the Project Partnership:
(a) In recognition of the important public purpose served by the creation
of a substantial number of housing opportunities for Delray Beach's essential workforce, the
City of Delray Beach has created the Carver Overlay District in support of workforce
housing. The City will handle development reviews concurrently, rather than sequentially,
and thin--the entire review and approval process,. including public hearings, shall be
completed as stated below. Required approvals shall include and._.not be. limited to_._the
following, as applicable: comprehensive plan amendment; any rezoning; YGY'Yi~lY'-plat approval
and site plan approval.
(b) The City shall expedite the review of the development applications
for the Comp Plan amendment, rezoning, site plans in the development, and other approvals
and permits that are required by the City and its agencies in connection with the
development of the Project provided however that by entering into this agreement the City
makes no promises that any approvals. will be giycn ;
(c) The City will perform an expedited review of all plans and permits
in conjunction with site plan approval and shall complete that review no more than
sixtythirty (6-~0) days from the date of submittal of information by Developer so.long as the
information submitted by developer is complete and sufficient for a thorough. review;
(d) The overall review process, including all required public hearings,
shall be held and completed within ninety (90) days of the date of initial submittal of a
~o:~:pl~*e complete and sufficient application by Developer (said date may be extended to
accommodate plus u~~y additional days of delay caused by the state, developer, or any other
third party), provided however, if Developer fails to provide appropriate plans that are in
compliance with the City's Land Development Regulations and the plans are rejected the
time from the date of rejection to resubmittal of plans that are in compliance shall not be
counted toward the overall review process deadlines. Nothing contained herein constitutes
nor is it intended to constitute an agreement to approve any of the foregoing.
{'a)"""""""""""""-The City shall expedite the review of all development applications,
plats and permits, and approval of formal site plans in the development, and other approvals
and permits that are required by the City and its agencies in connection with the
development of the Project, as stated above. The City and the CRA shall make its staff
available to attend monthly meetings with the Developer with all relevant departments in
support O t e eXpe Ite process. 1'1l"~i'Y'rj" ~ilYY'YYYYY"JiY'YI}YYCiY"~Y'YYY"YCliVYY\l"ii ULVYY'Y`Y'Y~i~'rYY'Y~:
(e)
~. The City herebyC~t~ heroby agreeagree~ a~ ft~11~~=s
{a~The- City shall provide n~~nitoring and enfar~c~~~ent of the orl~forec Housing to
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The City has created and has allocated fiscal year ~µndW~g..... fox tho 2008_ funding ~;.~~.a.~
~,,,...:;'..." ....,...t.,..; for a Neighborhood Resource Center.,.. which is.sub~ect to funding from
_year to year,_where Families First, the United Way, and other non-profits will provide a full
range of credit counseling, application review and counseling services to help clients
achieve homeownership within walking distance of Villages at Delray~y ~.~hrl~?~ i; ~~;b;ect-t
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(g)...... The City has.... agreed to _forgive..... $1 x500,000.....of the existing debt
secured by the land to be utilized for the 2h4 unit rental dezrelopment, conditioned uponthe
Developer renting such apartments to qualified workforce households for at least 30 years,.
u on ~ Develo er selhn all ~52 townhomes to uahfied workforce households and
p ..........................................................p..............................................~......................................................................................................................................~....................................................................................................................................................................x..........................
otherwise complying with the City's Workforce Housing Ordinance.
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P ~~~~~ ~~,~~~" ''<~~',~'~'~~',~'', ~;; ' ~~"~ d ,...,. ';.. , .~..dall Restrictive Covenants shall
meet the requirements of the city ordinances. at the time they are recorded and are subject to
approval of the City Attorney..
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4. Delray Beach Chamber of Commerce hereby agrees as follows:
(a) Chamber shall provide advertising and public relations designed to
generate support for the project;
(b) Chamber shall provide an _outreach program for local employers to
educate employees about workforce housing opportunities in the Project. This is a critical
component of the Project Partnership, as most low paid professionals are unaware that they
qualify for affordable housing programs.
(c) Chamber shall work with the Developer to promote employer
assisted down payment assistance programs.
The City hereby further agrees as follows:
(a) The City shall provide outreach educational materials prepared by
Developer to their current and prospective employees regarding Work Force Housing
opportunities in the Project. The City and Developer shall cooperate in the dissemination of
appropriate materials for distribution to current and prospective City employees;
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7~:6. The Palm Beach County School District agrees as follows:
(a) The Palm Beach County School District agrees to perform those items
as approved by the Palm Beach County School District in the resolution
attached hereto as Exhibit A.
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1~1~:7. Each of the parties hereto acknowledges and agrees that the foregoing is
intended to be a non-exclusive list of what each party shall do to facilitate the Project
Partnership and to further the goals of the CWHIl'. Each of the parties agrees to take such
further actions as may be necessary or appropriate to cooperate with one another and to
achieve the success of the program; provided however, the City does not guarantee that any
approvals will be made as a result of entry into this Agreement.
I~..8.... Developer is hereby authorized to complete and submit the CWHIP
application on behalf of the partnership reflected in this Agreement and each of the parties
hereto.
1~.9._ _Except as provided herein, nothing herein shall be construed to constitute
any party thereto as the agent of any other party or to limit in any manner any party from
carrying on its respective activities, functions or businesses.
?.x..:..1.0........... Each of the parties hereto will execute and deliver such further instruments
and do such further acts and things which may be required to carry out the intent and
purposes of this Agreement.
15.11_.... Each of the parties acknowledge and agree that in the event a party hereto
shall fail to perform any of its obligations hereunder, the other parties will be without
adequate remedy at law and will therefore be entitled to enforce such obligations by
temporary or permanent injunctive or mandatory relief obtained in an action or proceeding
instituted in any court of competent jurisdiction without the necessity of proving damages
without prejudice or any other remedies it may have at law or in equity. Except as provided
herein, this Agreement is made solely and specifically among and for the benefit of the
parties hereto and their respective successors and assigns, and no other person shall have
any rights, interest or claims hereunder or be entitled to any benefits under or on account of
this Agreement as a third-party beneficiary or otherwise.
1 ~ 12, The services and covenants provided for herein are not exclusive and the
City and other parties may enter into agreements with any other entity it deems would also
further its interests in affordable housing.
r?:13: _This is the entire agreement between the parties and any other conditions or
terms to be binding shall be in writing and shall be set forth in an amendment to this
Agreement.
?...x..:..1.4........... This Agreement shall be effective once signed by the parties to this
Agreement. This Agreement shall be binding upon the parties' assigns and successors in
interest.
THIS SPACE INTENTIONALLY BLANK
SIGNATURES ON FOLLOWING PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
effective as of the day and year first above written.
Auburn Development Y'iiiNSV vYua~ar°v
De:r~loY~r
yL~, a Florida limited liability company
By:
Thomas Hinners, Manager
Auburn Development~jillu~~-~~,a,~,-P
s.. A,.~.AU~ ..
Deve~op~r s, LLC Member
Delray Beach. Housing Authority
Bv:
m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.....Dorothy Ellington, President
CITY OF DELRAY BEACH, FLORIDA
By:
Rita Ellis, Mayor
Attest:
City Clerk
Approved as Form: _
City Attorney
DELRAY BEACH CHAMBER OF
COMMERCE
By:
Title:
TLTyDAV.RLA.~yi.Ty ~~TlarlaT~TTTTTV
DTi`TTi`VTi`T l1DTI~Ti`TTT er_T.'1-Trv
R~~
~~.....
T.++1~
PALM BEACH COUNTY SCHOOL DISTRICT
By:
Title:
DAy~/a Ql'.`A~i~TY'~AiT~~TV CirTaT.'DDyL`w v~~avar'i
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