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Home My WebLink AboutSEOPW-CRA-R-01-00530 0 ITEM 16B RESOLUTION NO. SEOPW/CRA 01 53 A RESOLUTION I) AUTHORIZING THE COMMUNITY REDEVELOPMENT AGENCY ("CRA") TO ENTER INTO A USE AND TEMPORARY CONSTRUCTION AGREEMENT WITH MT. ZION BAPTIST CHURCH ("ZION") SUBSTANTIALLY IN THE FORM OF EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF (THE "AGREEMENT"), II) AUTHORIZING THE CRA TO EXPEND AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($100,000.00) IN CONNECTION WITH THE CONSTRUCTION OF NEW ARCHITECTURAL FENCING PURSUANT TO THE AGREEMENT (THE "FENCING"), UTILIZING COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS ALLOCATED FOR THE THIRD AVENUE BUSINESS CORRIDOR PROJECT, AND III) AUTHORIZING THE CRA TO SEEK BIDS FOR A CONTRACTOR TO CONSTRUCT THE FENCING AND TO SELECT THE LOWEST QUALIFIED BIDDER FROM AMONG SUCH CONTRACTORS SUBMITTING QUALIFYING BIDS. WHEREAS, the City of Miami approved and adopted the Southeast Overtown/Park West Community Redevelopment Plan pursuant to Resolution Nos. 82- 755 and 85-1247 (the 'Redevelopment Plan"); and WHEREAS, the CRA is responsible for carrying out community redevelopment activities and, projects in the Southeast Overtown/Park West Redevelopment Area (the "Redevelopment Area") established pursuant to the Redevelopment Plan; and WHEREAS, the CRA desires i) to enter into an Agreement with Zion substantially in the form of Exhibit A, ii) to construct the Fencing, and iii) to seek bids for a contractor to construct the Fencing and to select the lowest qualified bidder from among such contractors submitting qualifying bids. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated herein as if fully set forth in this Section. i � ! 01— 53 E • ITEM 16B Section 2. The CRA is hereby authorized i) to enter into an Agreement with Mount Zion Baptist Church substantially in the form of Exhibit A, and ii) to construct the Fencing at a cost not to exceed One Hundred Thousand and 00/100 Dollars ($100,000.00), subject to the availability of CDBG funds allocated for the Third Avenue Business Corridor Project, and iii) to seek bids for a contractor to construct the Fencing and to select the lowest qualified bidder from among such contractors submitting qualifying bids. Section 3. This resolution shall be effective upon its adoption. PASSED AND ADOPTED on this 21 " day, of May, 2001. APPROVED AS TO FORM AND CORRECTNESS: Holland & Knight LLP CRA Legal Counsel MIAl #1040759 vl %NW VOW Arthur E. Teele, Jr., Chairman E El 0 ITEM 16B Exhibit A Prepared by and after recording, return to: William R. Bloom, Esq. Holland & Knight 701 Brickell Avenue Miami, FL 33131 USE AND TEMPORARY CONSTRUCTION AGREEMENT THIS AGREEMENT is made and entered into as of the day of , 2001 by and between MT. ZION BAPTIST CHURCH ("ZION") and the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, a body corporate and politic of the State of Florida (the "SEOPW CRA"). RECITALS: A. The SEOPW CRA is the recipient of certain grant funds appropriated for the purpose of erecting fences and other improvements within the redevelopment area. B. ZION is the owner of that certain real property situated in Miami -Dade County, Florida, as more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property"). C. SEOPW CRA desires to construct architectural fencing with Bahamian and Caribbean themes that is a part of the history of Overtown around the perimeter of the Property. D. ZION will allow the SEOPW CRA, at no cost to ZION, to construct new architectural fencing with a Bahamian and Caribbean theme and related improvements (the "Fencing") around the perimeter of the Property in accordance with the plans and specifications described in Exhibit "B" attached hereto and made a part hereof (the "Plans and Specifications"). NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and provisions herein contained, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement hereby agree as follows: 3 0 ITEM 16B TERMS: 1. Recitals. The Recitals and Exhibits attached to this Agreement are true and correct and are hereby incorporated by reference and made a part hereof. 2. Grant of Construction Easement. ZION hereby grants unto the SEOPW CRA and its agents a non-exclusive temporary easement over, through and across those areas of the Property reasonably necessary for the construction of the new Fencing and related improvements in accordance with the Plans and Specifications (the "Improvements"), including without limitation, such staging areas as are reasonable necessary for the construction of the Improvements. The foregoing easement shall automatically terminate upon the completion of construction of the Improvements. 3. Maintenance. Following the completion of construction of the Improvements, ZION, at its sole cost and expense, shall maintain the Improvements in good condition and repair. 4. Indemnification. Subject to the limitations contained in Florida Statute 768.28, the SEOPW CRA hereby agrees to indemnify, defend and hold ZION harmless from any and all liability, damage, expenses, causes of action, suits, claims or judgments, including reasonable attorneys fees' actually incurred, arising from personal injury, death or property damage, caused the SEOPW CRA's construction activities on the Property with respect to the Improvements, except to the extent caused by the willful act or negligence of ZION or their respective agents or employees. 5. General Construction Requirement. The SEOPW CRA shall cause the Improvements to be constructed substantially in accordance with the Plans and Specifications in a good and workmen like manner free and clear of all liens and encumbrances. The SEOPW CRA covenants and agrees that the manner in which the construction work shall be performed on the Property shall not unreasonably interfere with the use, occupancy, or enjoyment of the Property. In performing any construction on the Property, the SEOPW CRA agrees to take such safety measures as may be reasonably required to protect ZION and its employees and students from injury or damage caused by or resulting from the performance of such construction work on the Property. Upon completion of the Improvements the SEOPW CRA shall deliver to the School Board a bill of sale conveying the Improvements to ZION free and clear of liens and encumbrances. 6. Assurances. The parties hereby agree to execute any and all further instruments and documents and take all such actions as may be reasonably required by any party hereto to effectuate the terms and intent of this Agreement. 7. Amendment. This Agreement can not be modified, amended, altered or changed in any respect except by further agreement in writing duly executed by all parties hereto. 4 SMPWIM 4 0 1 - 5 3 0 ITEM 16B 8. Governing Law. The validity of this Agreement and all of its terms and provisions, as well as its rights and duties shall be interpreted and construed in accordance with the laws of the State of Florida. 9. Notices. All notices, consents, approvals, waivers and elections which any party shall be required or shall desire to make or give under this Agreement shall be in writing and shall be sufficiently made or given only when hand delivered, delivered by overnight courier service, telecopied (with telephone confirmation), or mailed by certified mail, return receipt requested, with proper postage affixed, addressed: As to ZION: As to SEOPW CRA: Community Redevelopment Agency 300 Biscayne Boulevard Way Suite 430 Miami, Florida 33131 Attn: Mr. Dipak M. Parekh or to such other address as any party hereto shall designate by like notice given to the other parties hereto. Notices, consents, approvals, waivers and elections given or made shall be deemed to have been given and received when hand delivered, delivered by overnight courier service, upon receipt of the telecopy or on the date of receipt or date delivery is refused if mailed by certified mail, return receipt requested. 10. Attorneys Fees and Costs. In the event of any dispute which shall be litigated between the parties in connection with this Agreement, the prevailing party shall be entitled to recover from the other party all of its reasonable attorneys' fees, costs and expenses actually incurred at both trial and appellate levels. 11. Counterpart. This Agreement may be executed in counterparts by the parties hereto and each shall be considered an original insofar as the parties are concerned but together said counterparts shall comprise only one Agreement. • ITEM 16B IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. Approved for legal sufficiency Holland & Knight LLP, Special Counsel ZION: MT. ZION CHURCH By: Print Name: Title: SEOPW CRA: SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, a body corporate and politic of the State of Florida By:_ Name: Title:_ Attest: Clerk of the Board SE® I 0$- 5 X LL ® ITEM 16B EXHIBIT "A" (Legal Description) 0 ITEM 16B EXHIBIT "B" (Description of the Plans and Specifications) SOPWI-1 0 1 - 5 3 0 CITY OF MIAMI, FLORIDA 0 ITEM 16B -00 FROM 0 0 Chairman Teele and Members of the CRA Board Dipak M. Parekh Executive Director RECOMMENDATION INTER -OFFICE MEMORANDUM DATE May 21, 2001 SUBJECT: REFERENCES: ENCLOSURES: FILE : Agreement with Mount Zion Baptist Church to construct new fencing Resolutions It is recommended that the Board of Directors of the Southeast Overtown/Park West Redevelopment Agency (the "CRA") approve the attached Resolution authorized the CRA i) to enter into an Agreement with Mt. Zion Baptist Church substantially in the form of Exhibit A, and ii) to construct the Fencing at a cost not to exceed One Hundred Thousand and 00/100 Dollars ($100,000.00), utilizing CDBG funds and iii) to seek bids for a contractor to construct the Fencing and to select the lowest qualified bidder from among such contractors submitting qualifying bids. BACKGROUND The CRA desire i) to enter into an Agreement with Mount Zion Baptist Church substantially in the form of Exhibit A, and ii) to construct the Fencing at a cost not to exceed One Hundred Thousand and 00/100 Dollars ($100,000.00), utilizing CDBG funds and iii) to seek bids for a contractor to construct the Fencing and to select the lowest qualified bidder from among such contractors submitting qualifying bids. Funding Source: CDBG Account Number: 799126.456262.979 and 799126.456283.979 ®1- 3 SEOPW/CRA