HomeMy WebLinkAboutSEOPW-CRA-2000-11-20-Discussion Item 25IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.
CITY OF MIAMI, a Florida municipal
corporation, and SOUTHEAST OVERTOWN/
PARK WEST COMMUNITY REDEVELOP-
MENT AGENCY, an agency of the State of
Florida,
Plaintiffs,
V.
LYRIC VILLAGE HOUSING, INC., a Florida
corporation, and ST. JOHN COMMUNITY
DEVELOPMENT CORPORATION, INC., a
Florida corporation,
Defendants.
COMPLAINT FOR DECLARATORY JUDGMENT
1. This is an action for declaratory judgment pursuant to Sections 86.011
and 86.021, Florida Statutes.
2. Plaintiff City of Miami (the "City") is a municipal corporation of the
State of Florida.
3. Plaintiff Southeast Overtown/Park West Community Redevelopment
Agency (the "CRA") is a validly formed redevelopment agency of the State of
Florida, created pursuant to Section 163.356-357, Florida Statutes.
Submitted into the public
record in connection wit
item 2 on l � oo CRG) g
Walter Foeman 5BOrVYi y -�
City Clerk �i �G.i -coca
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Submitted into the public
record in connection with
item a2!L on -CE-P,
Walter Foeman Case No. 00-
City Clerk
4. Defendant Lyric Village Housing, Inc. ("Lyric/Related") was at all
times material a Florida corporation doing business in Miami -Dade County,
Florida. Lyric/Related is a subsidiary or affiliate of The Related Group of Florida
("Related").
5. Defendant St. John Community Development Corporation, Inc. ("St.
John") is a Florida corporation and was at all times material doing business in
Miami -Dade County, Florida.
6. All conditions precedent to the maintenance of this action have been
performed, have occurred, or have been waived.
BACKGROUND FACTS
7. On October 22, 1981, the City passed a resolution approving the
Southeast Overtown/Park West Community Redevelopment Plan. That plan was
amended in July 1982.
8. In 1982, Dade County (now known as Miami -Dade County) (the
"County"), pursuant to Resolution No. 82-755, approved the creation of the
Southeast Overtown/Park West Community Redevelopment Plan for the
redevelopment of the Southeast Overtown/Park West redevelopment area (the
"Redevelopment Area"), which plan was amended in 1985 pursuant to Resolution
No. 85-1247, (the "Redevelopment Plan").
9. On March 31, 1983, the City and the County executed an interlocal
agreement (the "1983 Interlocal Agreement") which sets forth the responsibilities
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2 PWI r
• public Is
Submitted into the
record in connection with
item on 1 ' - Ga �CRG)
Walter Foeman Case No. 00-
City Clerk
and duties of each of the City and the County for the redevelopment of the
Redevelopment Area under the Redevelopment Plan.
10. The 1983 Interlocal Agreement authorizes the Board of County
Commissioners (the "County Commission") to make the final selection of a
developer for properties within the Redevelopment Area so long as the developer
selected has first been approved by the City Commission and the selected
developer's proposal complies with requirements contained in the requests for
proposal prepared by the City.
11. On November 8, 1990, the CRA and the City also entered into a
Interlocal Agreement (Overtown Project) whereunder, among other things, the CRA
assumed responsibility for carrying out community redevelopment activities and
projects in the Redevelopment Area pursuant to the Redevelopment Plan.
12. On or about June 20, 1996, the CRA issued a request for proposal (the
"June 1996 RFP") with respect to blocks 25 and 36 of the Redevelopment Area (the
"Property").
13. The June 1996 RFP requested interested parties_ to submit proposals
for the development of a residential project comprised of 96 townhouse and villa
units on the Property (the "Project").
14. On or about August 7, 1996, St. John and Lyric/Related, on
information and belief, entered into a joint venture agreement for the purpose of
submitting a proposal in response to the June 1996 RFP. A copy of the Joint
EO �VW/ I) it A_ a
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3 ,EO J M
Submitted into the Alic
record in connection with
item on ff�0-0 —C kq
Walter Foeman
City Clerk Case No. 00-
Venture Agreement is attached as Exhibit A. St. John and Lyric/Related as co -
venturers are referred to as the Lyric Venture.
15. On August 9, 1996, the Lyric Venture submitted its development
proposal in response to the June 1996 RFP (the "Proposal").
16. On or about October 28, 1996, the City Commission approved the Lyric
Venture as the successful proposer for the Project. On information and belief, the
County Commission has never selected the Lyric Venture as the developer for the
Project as is required under the Interlocal Agreement.
17. On or about July 22, 1997, on information and belief, the CRA and St.
John's executed a development agreement providing for the development of the
Project (the "Agreement for Development"). A copy of the Agreement for
Development is attached as Exhibit B. The Agreement for Development provided
that St. John's would acquire fee simple title to the Property from the CRA on or
before the date the Agreement for Development was signed and within six months
convey the fee simple title to the Lyric Venture.
18. It was contemplated that the following documents would also be
executed concurrent with the Agreement for Development:
a) a Purchase and Sale Agreement by and between the CRA and St.
John's (the "Purchase and Sale Agreement");
b) a Promissory Note in the amount of $480,000 from St. John's in
favor of the CRA; and
c) a Mortgage, Assignment of Rents and Security Agreement from St.
John's in favor of the CRA encumbering the Property.
I .
4 SE®PSI /
Submitted into the public
record in connection with
item �25: on //--ca Case No. 00-
Walter Foeman(c M)
Oih, CIPr(
19. On information and belief, the foregoing agreements have never been
executed and St. John's has never taken title to the Property or conveyed title to the
Property to the Lyric Venture.
20. On information and belief, Lyric/Related withdrew from the Lyric
Venture and/or lost the backing of Related sometime during 1997.
21. Since 1997, despite the City's willingness to provide funding for the
Project, the Lyric Venture has failed to develop the Property.
22. By virtue of the failure of St. John's to acquire the Property from the
CRA, convey it the Lyric Venture, and develop it in accordance with the Agreement
for Development, any rights of St. John's and Lyric Venture to develop the Property
pursuant to the Agreement for Development have lapsed and St. John's and Lyric
Venture have no rights with respect to the Property pursuant to the Agreement for
Development or as result of being the successful proposer to the June 1996 RFP.
COUNT I
Declaratory Judgment
23. Plaintiffs incorporate paragraphs 1 through 22. __
24. Plaintiffs are in doubt or uncertain as to whether the Lyric Venture,
Lyric/Related, and/or St. John presently has any interest or rights in the Property
deriving from the CRA having selected the Lyric Venture as the successful proposer
in connection with the June 1996 RFP or by virtue of St. John's and the CRA
executing the Agreement for Development or any other agreements executed prior,
5 SE0FWI .
Y
Case No. 00-
concurrently therewith, or thereafter. Moreover, Plaintiffs are in doubt as to
whether they are bound under the Agreement for Development and/or may be
required to enter into further agreements with the Lyric Venture given that
Lyric/Related and its affiliate Related has apparently withdrawn from the Lyric
Venture and the transaction, and the Lyric Venture has never acquired title to the
Property as contemplated by the Agreement for Development.
25. A present, actual and justifiable controversy exists between the parties
with regard to the ability of Plaintiffs to negotiate with others over the development
of the Property.
26. There is a need for a declaration as to Plaintiffs' rights to negotiate and
enter into leases and/or purchase and sale agreements and other development
agreements based on an ascertained or ascertainable state of facts or law applicable
to the facts.
27. There is a need for a declaration as to whether the Lyric Venture's
selection to develop the Property and execution of the Agreement for Development
has given rise to any rights and if so whether those rights have lapsed or have been
waived.
28. The declaratory relief sought is not merely for the giving of legal advice
by the Court or for answers to questions propounded for mere curiosity.
Submitted into the public
record in connection with
item on J! - -
Walter Foeman
City Clerk
6 i�h
�5� d
Case No. 00-
Relief Requested
WHEREFORE, Plaintiffs the City of Miami and the CRA respectfully request
that the Court enter a declaratory judgment:
a) finding as a matter of law that the Lyric Venture, Lyric/Related and
St. John have no rights or interests whatsoever in the Property arising by virtue of
the June 1996 RFP, the Proposal, their approval as the successful proposer, the
Purchase and Sale Agreement, the Agreement for Development, or any agreements
executed prior, concurrently therewith, and/or subsequent;
b) finding that the Lyric Venture has failed to satisfy requirements under
the June 1996 RFP and its Proposal;
c) finding that the Lyric Venture and St. John have failed to perform
under the Agreement for Development;
d) finding that the City of Miami and the CRA have no obligation to enter
into further agreements with the Lyric Venture or any of its corporate entities or to
perform further under any prior agreements;
e) finding that the City of Miami and the CRA freely_ may negotiate with
other developers or issue a new request for proposal for development of the
Property; and
Submitted into the public
record in connect'on with
item on U gcG)
Walter Foeman
City Cleric V
--_
7
Case No_ 00-
0 granting such other and further relief as the Court deems appropriate.
Dated this 20th day of November 2000.
M1A1 #978572 v2
Respectfully submitted,
HOLLAND & KNIGHT LLP
Attorneys for Plaintiffs
701 Brickell Avenue
Suite 3000
Miami, Florida 33131
Tel: (305) 789-7675
Susan H. Apikl
Fla. Bar No. 346934
Submitted into the public
record in connectionwith
COC4
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iteon _1.L1A;a:
Walter Foeman
City Clerk
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LYWC. VIUME
JOINT VENTURE AGREEMENT
Submitted into the public
record in connection: with
Item -Z- on
Walter Foeman
City Clerk
This Agreement is executed by and between St. John Community Development Corporation (ST. JOHN)
and Lyric Village Housing, Inc. (HOUSING) (collectively the Parties)) for the purpose of developing
Blocks 26 and 36, P_K. White Subdivision, Overtown, Miami, Florida under a Request for Proposal from
the Southeast Overtown I Parkwest Community Redevelopment Agency (CRA)_
Whereas HOUSING, through its affiliate The Related Group of Florida, will endeavor to demonstrate the
financial, managerial, technical, organization and performance capabilities necessary to gain approval
of the Proposal by the CRA; and,
Whereas ST_ JOHN will endeavor to demonstrate managerial, technical, organization and staffing
capabilities necessary to gain approval of the Proposal Dy the CRA.
Nowtherefore in consideration of the mutual covenants and agreements herein undertaken and other
good and valuable considerations, the sufficiency and mutual receipt in hand hereby acknowledge, the
Parties agree as follows:
HOUSING, under CRA guidelines contained in the January 31, 1996 Request for Qualifications,
will develop a specific, plan for two -phases of residential home ownership units_ All decisions
as to phasing, number and type of units will be jointly taken by S77. ✓OHNand HOUSING after
consulting with land planners, architects, engineers and residential marketing specialists,
2. HOUSING will submit for ST, JOHN'S approval, a Financial Pro -forma, a Development Budget,
a Source and Use of Funds Statements and a Construction and Marketing Schedule_ The
Financial Pro -forma will project all expected sources of revenue, fees and profits from the
proposed development,
3. ST_ JOHN will nogotiate the terms of the land acquisition with the City of Miami, subject to
HOUSING'S approval.
4, ST. JOHNand HOUSING will jointly obtain commitments for homeowners' mortgage financing,
grants and other assistance and funds.
S. HOUSING will advance all funds for applications, preliminary architecture I engineering,
planning, legal services and other out-of-pocket expenses which, in its sole discretion, it deems
necessary.
6. HOUSING will arrange for construction financing, contract for and supervise constructinn of the
improvements and guarantee repayment of loans, which it deems necessary in its sole
discretion.
7. ST. JOHN shall be primarily responsible for sales and marketing of the individual residences,
with a requirement to pre -sell a sufficient number of units to ensure closing of the construction
financing and repayment of all development costs and construction loans.
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8. Sr. JOHN will be entitled to draw a project supervision fee of 02600 per month, beginning 30
days after the Parties have been granted unconditional rights to develop the Blocks 25 & 36,
plus 35% of the developers' overhead and profit (as defined and described in Paragraph 2
above) as they are available for distribution.
9_ HOUSING will be paid a fee for Construction supervision and overhead equal to 10% of total
direct development costs plus the balance of the developers' overhead and profit. HOUSING
shall not be obligated to guarantee any other undertaking, funding or financial performance of
the joint venture, except as above described.
This Agreement, executed by the Parties at Miami, Florida on August 7, 1996, fully and completely
describes the rights, obligations, understandings and undertakings of the Parties and may not be altered
or amended except by a mutually executed written amendment hereto.
St. John Community Development, Inc.
Donald F. Benjamin, President
Lyric Village Housing, Inc.
Jackson McDaniel, Vice President
Submitted into the public
record in connection with
item on 11LC-MG
Walter Foeman
City Clerk "ID; xJ-'64
PAAKWESTIJOINTVENTUAE.tY I 3E01M,
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Prcpared by and return to:
Robert H. Smith, Esquire
HOLLAND & KNIGHT
701. Briekell Avenue
Suite 3000 Submitted into the public
Miami, Florida 33131 record in connection with
item d-L-- on I t 2a-adCnn2
Walter Foeman
AGREEMENT FOR DEVELOPMENT City Clerk
THIS AGREEMENT FOR DEVELOPMENT (the "Agreement") is entered
into this day of , 1997, by and between the Southeast
ovart-nwn/Park West Community Redevelopment Agency of the City o>
Miami (the "CRA") and St. John Community Development Corporation,
Inc. (the "CDC").
RECITALS
A_ Pursuant to that certain Purchase and Sale Agrec-muiit by
and between the CRA and the CDC, dated ._, 1997 (the
"CoiiLracL"), the CRA has, on this date, sold to the CDC that
certain real property located in the City of Miami, Dade County,
Florida, more particularly described in Exhibit "A" attached hereto
and hereby made a part hereof (the "Property").
B. Pursuant to that certain Joint Venture Agreement by and
between the CDC and Lyric Village Housing, Inc. ("LVH"), dated
August 7, 1996 (the "Joint VeIlLure Agreement") , the CDC and LVH
have formed the Lyric, Village Joint Venture (the "Joint Venture',) ,
for the purpose of ultimately acquiza.ng the Property from the CDC
and dcvcloping thereon a Lesideritial project comprised, of 96
townhouse and villa units (the "Project"). The Project is to be
developed substantially in conformity to the terms of that certain
Proposal dated August_ 9, 1996, submi.tced by the Joint Venture to
the CRC., in response to that certain Request for Proposal captioned
Southeast Overtown/Park West Blocks 25 and 36 Project dated June
20, 1996 (the "Proposal"). -
C_ it is a material condition to the CRA's agreement to sell.
the Property to the CDC that the Joint Venture, as presently
comprised, shall develop the Project substantially in conformity
with the terms of the Proposal.
NOW, THEREFORE, in consideration of the foregoing Recitals,
the sum of ten dollars ($10.00) paid by each of the parties to the
other and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto
hereby agree as follows:
EXHIBIT
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record in tonne,.,,,
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Walter Fu-. ; ,An
City Clerk TERMS -
I. Recitals. The foregoing Recitals are true and COL-rect
and are hereby incorporated herein by reference.
2. Covenants and Agreements of the CDC and the Joint
venture.
a. SQnveyance of Title to Joint venture. No later than
( 6 ) six months following the date hereof, the CDC shall convey fee
simple title to the entirety of the Property to the Joint Venture-
b. Control of Joint_ Ventures- At all times following
transfer of fee simple title to the Joint Venture, until the
substantial completion of the Project:
(i) the Joint Venture shall retain fee simple
ownership of the entirety of the Property, except only for those
townhouse and villa units (the "Units") which shall be sold to
Qualified Buyers, as hereinafter defined;
C- Development of Project.
( i) Approval of Plans and Specifications. The CDC
and the Joint Venture shall, as soon as practical., prepare and
stihmi.t to the CRA a proposed replat (the "Replat") and definitive
permit -ready architecnu ral drawings, foundation and structural
drawings, electrical and mechanical drawings and final
specifications for the Project, which shall be in substantial
conformity to the description thereof set forth in Sections 3 and
4 of the Proposal (the "Plano and Spccificat:xozis") . The CRA shall
review the Replat and the Plans and Specifications and shall
promptly provide the CDC and the Joint Venture notice of its
approval or disapproval, and shall furtherr-, in the event of
disapproval, set forth in detail its reasons for any disapproval
within thirty (30) days following receipt thereof. It is
understood and agreed that neither the CDC nor the Joint. Veriture
shall further revise or amend the Replat or. the Plans and
Specifications at any time prior to the substantial completion of
the Project, without the prior written approval of the CRA, which
approval shall not be unreasonably"withheld.
(ii) Phased Development. The CDC and the Joint
Venture shall develop the Project in four discrete phases of
twenty-four 24 units each (the "Phases"), as such phases are more
particularly described on Exhibit "B" attached hereto and hereby
made a part hereof. The CDC and the Joint Venture shall obtain
permits for and commence the construction of the first 24 unit
phase of the Project ("Phase I"); as described on Exhibit "B",
within one hundred eighty (180) days following the date hereof and
shall substantially complete Phase I no later than the earlier of
one hundred eighty (180) days following commencement of
construction or three hundred sixty (360) days following the date
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hereof. The CDC and the Joint Venture shall obtain permits for and
commence construction of each subsequent Phase within thirty (30)
days following the achievement of pre -sales of fifty percent (500)
of the Units within such Phase and shall substantially complete the
construction of such Phase within one hundred eighty (180) days
following the commencement of construction thereof. For purposes
hereof, the term "substantial completion" means the issuance of
certificates of occupancy for all Units in each such Phase. For
purposes hereof, the term ,presale,, means a contract for the sale
of a unit with a buyer satisfying the criteria of all public and
private loan programs utilized as sources of financing for the
Project (a "Qualified Buyer").
(iii) Promotion. The CDC and the Joint Venture
shall use their best efforts to diligently promote the Project and
pursue and close the sale of Units, by use of advertising,
brochures, circulars, promotional aids and other appropriate means.
(iv) Compliance with•gpi3licable- Laws. The CDC and
the Joint Venture shall through all stages of the planning,
development and construction of the Project and the promotion and
sales of r-he Units [.herein, comply with all applicable laws, rules,
ordinances, codes and regulations of the federal, state and local
governments.
(v) Books and Records. Upon the request of the
cRA, at. all times prior to the sale of all Units within the
Project, the CDC and the Joint Venture shall permit the CRA to
audit the books and records of the Joint Venture with respect to
the Project.
(vi) No Conflict of Interest. The CDC and the Joint
Venture coveriant and agree that no person now or hereafter under
their employ in connection with this Agreement and/or the Project,
does or shall have any personal financial interest, direct or
inditec:L, with the CxA or the City of Miami. The CDC and the Joint
Venture are aware of the conflict of interest lawn of the City of
Miami, City of Miami Code chapter 2; Article V (Dade County,
Florida) Dade County Code, Section 2-11.1) and the State of
Florida, and agree that they shall fully comply in all respects
with the terms of said laws.
(vli) No Commissions. The CDC and the Joint
venture warrant and represent that they have not employed or
retained any person employed, by the City of Miami or the CRA to
solicit or secure the approval of the Proposal or the sale of the
Property by the CRA to the CDC and that they have not offered to
pay, paid, or agreed to pay, any person employed by the City of
Miami or the CPA, any fee, commission, percentage, fee or gift of
any kind, contingent upon or resulting from the acceptance of the
Proposal or the sale of the Property.
3
� i d LS600000Z� 'ON/IV S l IS/S� : S i 00 ,0Z I HNOW)
Submitted into the public
record in connection with
Walter Foeman d
City Clerk 3C�.laSc
a
SE®PW/m JL RM IA
(viii) No Discrimination. The CDC and the Joint
Venture agree that they shall not discriminate as to race, sex,
color, creed, national origin or handicap in connection with the
planning, construction and development of the Project or their
performance under this Agreement. No otherwise qualified
individual shall be excluded from participation in, be denied
benefits of, or be subjected to discrimination under any program or
activity receiving federal financial assistance in connection with
the Project solely by reason of his or her race, color, creed,
national origin, or handicap_
(ix) Minority ProcuremenL. The CDC and the Joint
Venture acknowledge that they have been furnished a c,npy of
Ordinance- No. 10538, as amended (the Minority Procurement Ordinance -
of the City of Miami) and agree to comply with all applicable
substantive and procedural provisions therein, including any
amendments thereto.
(x) Unavoidable Delay. Neither the c,n(- nor the
Joint Venture shall be considered in breach o;f any of their
obligations herein in the event of unavoidable delay in the
perfortnarice of their obligations because of delays due to strikes,
lockouts, acts of God, inability to obtain labor or materials due
to governmental restrictiotls, enemy action, fare, unavoidable
casualty or other similar causes beyond the reasonable control of
r.he CDC and/or the Joint Venture, provided that the insolvency or
financial conaiLion of the CDC or the Joint Venture shall not be
included in the foregoing. in the event of the occurrence of any
such unavoidable delays, the r..ime or Limes for performance of the
provisions of this agreement shall be extended for the period of
unavoidable delay, provided, however, that. the CDC and the Joint
Venture in seeking the benefit of Lhis provision shall, within
fifteen (15) days aftex- becoming aware of such unavoidable delay,
give notice to the CRA in writing of t'.he cause or causes of such
delay.
3_ Default and Remedies- In the event that the CDC and/or
the Joint Venture shall fail to comply with any of the terms or
conditions hereof and such breach shall continue for a period of
thirty (30) days following receipt of written notice thereof from
the CPA, such breach shall then constitute an Event of Default.
hereunder. Upon an Event of Default hereunder-, at the sole
election and disci-etion of the CRA, either (i_) the CFA may elect
that title to the Property, except only Units as have theretofore
been sold to Qualified Buyers, shall revert Lo the CRA, such
reversion to bP automatically and irrevocably effecLud by the
recording of an aff idavit executed by the CRA stating that an Event
of Default has occurred under this Agreement and that the CRA is
exercising hhe reversionary rights herein set forth, or. (ii) the
CPA may elect to enforce the terms and conditions of this Agreement
by any proceeding at law or in equity, including, without
limitation, an action seeking specific performance and/or recovery
of damages. In the event that CRA shall exercise the right of
4
SI d GS600000Z� 'ON/I�:Sl 'ZS/WSl 00 ,H 'II (NOW)
Submitted into the public
record in connection with
item —25- on ►/f --CR(�
Walter Foem�
SE®Pyj�/ f-;+., �-�.,
reversion set forth in subsection (i), above, and the Property, at
the time of reversion of title to CRA, shall then include
substantially completed Units which have not yet been sold to
Qualified Buyers (such substantially completed Units at the time of
reversion being herein referred to as the "Reverted Units"), then,
upon the sale of any Reverted Unit by the CRA, the CRA shall pay
the Joint Venture an amount Pclual to 50 �; of the proceeds of such
sale, net of all closing costs and expenses and other costs and
expenses incurred by the CPA in connection with the closing of such
Unit and the maintenance and operation of such Unit from and after
the date of reversion to the sale thereof. Failure by the CRA or
any successor or assign to enforce the terms and conditions hereof
for any peri nd of time shall in no event be deemed a waiver or
estoppel of the right to enforce same, as hereinabove provided.-
4. Construction of Agreement_ This Agreement shall be
subject to and governed by the laws of the State of Florida, both
substantive and remedial.
5. Successors and Assigns_ This Agreement shall be binding
on, and shall inure to the benefit of, the parties hereto and their
respective legal representatives, successors and assigns as herein
permitted.
6_ Indemnification. The CDC and the Joint Vcnture hereby
indemnity and save the CRA and the City of Miami harmless =rom and
against any and all claims, liabilities, losses and causes of
action which may ari_sc out of the activities and/or conduct of the
CDC and/or the Joint Veritur-e in connection with the planning,
construction or development of the Project, or under this
Agreement, including all acts (or oco-issions LO acrL) on the part of
the CDC or the Joint Venture, including those of any persaln acting
for or on their behalf, and from and against any orders, judgments,
or decrees which may be entered and from and against all costs,
attorneys' fees, expenses and liabilities incurred in the defense
of any such claims, or in the investigation thereof.
7. Independent Parties. No relationship, legal or
otherwise, shall'be deemed to have been created by this Agreement,
including, without limitation, a partnership, joint venture,
employer/employee relationship or principal/agent relationship.
8. Notices. All notices or other communications given
pursuant to this agreement shall be in writing and shall be
delivered by personal service, certified mail, return receipt
requested or by recognized national courier service, addressed to
the party at the address indicated herein or as the same may be
5
91 d GS600000Z� 'ONM: S I 'ZVW S 100 R 'I I (NON[)
Submitted into the public
record in connection with
item c9i!C on I/ —�- C Ac,
Walter Foeman C)� --> CWrd
ST®PWI - City " _ 2 if 1 WOdd
•
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changed from time to time. Such notice shall be deemed to be given
on the day on which it is personally served during the date of
actual receipt, whichever is earlier:
Notices to CDC and
Joint Venture:
With a copy to:
St. John Community Development
Corporation, Inc.
P. O. Box 015344
Miami, Florida 33101-5344
Lyric Village Housing, Inc.
c/o The Related Group
2828 Coral Way, Penthouse Suite
Miami, Florida 12145
Attn: Jackson McDaniel, Vice
President
Stearns, Weaver, et. al.
150 W. Flagler St.
Suite 2200
Miami, Florida 33130-1S57
Attn: Brian McDonough, Esq_
Notices t-.c) (-RA- Southeast OvertownfPark West
Community Redevelopment Agency
of the City of Miami
300 Biscayne Blvd. way
Suite 400
Miami, Florida 33131
Attn : Erdal Donme2, Development
Coordinator
With a copy to: Holland & Knighz
701 Brickell Avenue, Suite 3000
Miami, Florida 33131
Attn: Robert H_ Smith, Esq.
9. General Conditions.
a. Titles. Titles and paragraph-- headings are
convenient references and are not a part of this Agreement.
b. No Waiver. No waiver of any of the provisions of
this Agreement shall be deemed to, or shall constitute, a waiver of
any other provision, whether or not simi-lar, nor shall any waiver
constitute a continuing waiver. No waiver shall be binding unless
executed in writing by the party granting the waiver.
c . Partial Invalidity _ In the event that any provision
of this Agreement is found to be not legal or enforceable, such
provisions shall be deemed modified to the extent necessary in
N.
G l d GS60000H� 'ON/W S t 'zS/W S t OQ ,OZ 't 1(NON)
Submitted into the public
record in connection with �
item —2�4 on — -uo - CRG i z4c S
Walter Foemam
SF-OPWlczw City Clerk
order. to conform with such laws or if not modifiable to conform
with such laws, then the same shall be deemed severable, and in
either event, such unenforceability shall not prevent enforcement
of any other provision of this Agreement.
10. Duration_. The terms and conditions hereof shall run with
and bind the Property and ohall inurc to the benefit of and be
enforceable by the CRA and its successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by their respective officers the day and
year first hereinabove written.
Signed, sealed and delivered CRA:
in the presence of:
SOUTHEAST OVERTOWN/PARK
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF MIAMI
Name:14ti-7nheth Perez
v
")—c
Name: Erdal Donmez
- a 4��C'- -
Name : mil{. EPHENS
Name; TRENES J TURNER
Nam : _ _Herbert Bailey /
Title; Executive Director
CDC:
ST . JOHN COMMUNTTY DEVELOPMENT
CORPORATION, INC.
By J�,L�'�
Name : -: 10 A. W1 L C.OK
Title: S C2F'IAP-y
7
9 1 d GS60000RZ 'ONM : S I ISIO: S 100 ,OZ ' I I (NOW)
WEST
Submitted into the public
record in connection with
itemc2-,� on 1L=TL-Ck/ - nzq
Walter Foeman
City Clerk
SEOPWICIS Woo
JOINDER
The undersigned joins in and agrees to be bound by the terms
of the foregoing agreement joint venture:
LYRIC VILLAGE JOINT VENTURE
By: Lyric Village Housing, Inc.
S� W=.
(CORPORATE.. SEAL)
By: St. Jolui Community Development.
Corporation, Inc.
By: d-yu-1 Z Z�. f
Name T . WILCOX
Title : �2FG2ETAP-Y
(COHYORATE SEAL)
Submitt
recOrd ed into the
-Ite'r� in cOnnecti Public
On / a With
Walter FOernan
City Clea,
s
61 d GS60000HZ 'ONM: S I ISM: S 100 ,H 'I I (NON[) WOdd
•
•
STATE OF FLORIDA
) SS.
COUNTY OF nAniz )
The foregoing instrument was acknowledged before aie this 22nd
day of July, i997 by Herbert J. Bailey , of SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
MIAMI, on behalf of said corporation. He is personally known to me
or has produced as Td-
riifi-f zca zon an id take
an oath.
My Commission
STATE OF
COUNTY OF
NOTARY kAUSLIC
STATF. OM FLORIDA
Ex ices : 1113,t I y`\ Print Name • Elizabeth A. Perez
�"VI .u'
�OF�f�
SS:
Commissions No.: CC, 3 1 k !,4(0S
&! VAGETH A Pr;Rrz '
My CoMMI jsion CC511t95
EYpirwc KL--. 2C. 1009
•I,he forgoing instrument was acknowledged efore me this gzly
day of by cl4wV , of ST . JOHN
COMMUNITY DEWENT CORPORATION, INC., on behalf of said
corporation.is personally known to me
a�i.T'.L'Qentig.rGZi�LeT- ZCSTd'drCtake an vv. ors.
My Commission Expires: 7714&D-P
4f c� ELAINE GORDON
�Q p MY COMM Exp_ 7/08100
1lOT Do Bonded By Service ins
Pusuc No. CC559224
R4WA xi' K1f - ( ) 0ftor L o
MIA3-453815
_4A"� 4e�-
NOTARY PUBLIC
STATE OF
Print Name:
Commission No.. CC.ss9,aa4L
Submitted into the public
27387.98 record In connection with
item -2 on o - �d - Crt C
Walter Foeman
City Clerk
E
SEOpWI CRA
OZ d LS600000Z� 'ONM : S i UAS : S 100 ,OZ I I (NOW) WOU