HomeMy WebLinkAboutSEOPW-CRA-R-02-0039RESOLUTION NO. SEOPW/02-39
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
COMMUNITY REDEVELOPMENT AGENCY ("CRA"): (1)
AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A
GRANT AGREEMENT, WITHIN 30 DAYS, WITH NEW ARENA
SQUARE CORPORATION AND/OR NEW ARENA SQUARE NORTH
AND SOUTH, LTD., IN AN AMOUNT NOT TO EXCEED $420,000
AND SUBSTANTIALLY IN THE FORM ATTACHED, FOR FACADE
IMPROVEMENTS TO THE ARENA SQUARE APARTMENTS
PURSUANT TO THE PLANS AND RENDERINGS APPROVED BY
THE CITY OF MAIMI DEPARTMENTS OF PLANNING AND
ZONING AND BUILDING; (2) ALLOCATING SOUTHEAST
OVERTOWN/PARK WEST TAX INCREMENT FUNDS (TIF) FOR
SUCH PURPOSE; (3) ESTABLISHING A RESERVE 1N THE
AMOUNT OF $600,000 IN PRINCIPLE, SUBJECT TO A LOAN
BEING APPROVED BY FANNIE MAE CORPORATION, TO BE
USED FOR DIRECT GRANTS TO COMMERCIAL TENANTS OF
THE ARENA SQUARE APARTMENTS FOR IMPROVEMENTS,
BUILD OUT COSTS AND COSTS ASSOCIATED WITH MOVING IN;
AND (4) REPEALING ALL RESOLUTIONS INCONSISTENT WITH
THIS ACTION.
WHEREAS, on September 25, 2000, the CRA adopted SEOPW/CRA Resolution
00-98, which authorized the owner of Arena Square Apartments, jointly with the CRA, to
develop a plan for a $900,000 grant to the Arena Square Apartments, based on a five to
one leverage ratio, to pay for improvements to the Arena Square Apartments in a manner
consistent with the Third Avenue Business Corridor and the Overtown Charette, and
subject to the implementation of affordable housing deed restrictions with respect to the
Arena Square Apartments; and
WHEREAS, on November 20, 2000, the CRA adopted SEOPW/CRA Resolution
00-122, which approved a grant in the amount of $900,000 to Arena Square Apartments
for fagade and other improvements to that facility, subject to a loan being approved by
the Fannie Mae Corporation and the execution of a grant agreement by the parties; and
WHEREAS, on December 18, 2000, the CRA adopted SEOPW/CRA Resolution
00-136, which provided a grant in the amount of $1,170,000 to the Arena Square
Apartments and authorized the CRA Executive Director to enter into an agreement with
Salomon Yuken, owner of Arena Square Apartments (the "Developer"), in a form
acceptable to the CRA General Counsel, and also subject to the approval of a loan for
such purpose from Fannie Mae; and
WHEREAS, on February 26, 2001, the CRA adopted SEOPW/CRA Resolution
01-20, which authorized temporary relocation financial support in an amount not to
exceed $2,500 for each of the business tenants of the Arena Square Apartments; and
WHEREAS, on June 25, 2001, the CRA adopted SEOPW/CRA Resolution 01-
79, which authorized the Executive Director to Close the Fannie Mae loan in accordance
with the term sheet provided by Fannie Mae, under terms and conditions acceptable to
the CRA General Counsel; and
WHEREAS, on December 11, 2001, the CRA adopted SEOPW/CRA Resolution
01-149, which authorized an increase in the amount of the Fannie Mae Loan from
$1,200,000 to $1,575,000, established the Escrow Accounts required Fannie Mae in
connection with the loan and instructed the CRA's fiduciary, the City of Miami Finance
Department, to wire the required Closing costs to Fannie Mae; and
WHEREAS, the Developer has advised the CRA that the $1,000,000 tax credit
for the project cannot be used to build out the commercial/retail space on the first floor of
the Arena Square Apartments; and
WHEREAS, it was the desire of the CRA to assist Arena Square Apartments by
providing for fagade improvements as well as hard costs associated with the build out of
the commercial space on the first floor of Arena Square Apartments; and
WHEREAS, the CRA was willing to become a partner with the Developer, on a
50-50 basis; and
WHEREAS, an agreement in principle existed between the CRA, the Developer
and Fannie Mae for the selection of an independent commercial agent for the commercial
space; and
WHEREAS, the CRA and the Developer have not been able to agree on the
terms and conditions of the build out of the commercial space and the management of the
property by an independent commercial agent; and
WHEREAS, based on proposals by the Developer, the Developer has
acknowledged that he would spend all grant monies received from the CRA for the
benefit of the owner of the Arena Square Apartments, not the commercial tenants; and
WHEREAS, the CRA is committed to providing jobs in the Southeast
Overtown/Park West community; and
WHEREAS, the CRA desires to authorize and direct the Execute Director to
enter into a grant agreement, within 30 days, with New Arena Square Corporation and/or
New Arena Square North and South, Ltd., in an amount not to exceed $420,000 and in
substantially the form attached, for fagade improvements to the Arena Square Apartments
pursuant to the plans and renderings approved by the City of Miami Departments of
Planning and Zoning and Building; and
WHEREAS, the CRA desires to establish a reserve in the amount of $600,000 in
principle; subject to a loan being approved by Fannie Mae Corporation, to be used for
direct grants to commercial tenants of the Arena Square Apartments for improvements,
build out costs and costs associated with moving in;
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.
Section 2. The Executive Director is hereby authorized and directed to enter
into a grant agreement, within thirty days, with New Arena Square Corporation and/or
New Arena Square North and South, Ltd., in an amount not to exceed $420,000 and in
substantially the form attached, for fagade improvements to the Arena Square Apartments
pursuant to the plans and renderings approved by the City of Miami Departments of
Planning and Zoning and Building.
Section 3. There is hereby established a reserve in the amount of $600,000 in
principle, subject to a loan being approved by Fannie Mae Corporation, to be used for
direct grants to commercial tenants of the Arena Square Apartments for improvements,
build out costs and costs associated with moving in.
Section 4. All prior Resolutions or parts of Resolutions insofar as they are
inconsistent or in conflict with the provisions of this Resolution are repealed.
Section 5. This Resolution shall be effective upon its adoption.
PASSED AND ADOPTED on this 25t` day of February 2002.
Arthur E. Teele, Jr., Chairman
ATTEST:
Sylvia Scheider, Acting Clerk of the Board
:OVED 'S TO FORM
CO CTNESS:
idro V�l
General Counsel
In
RESOLUTION NO. SEOPW/CRA 7
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE COMMUNITY REDEVELOPMENT AGENCY
("CRA"): (1) AUTHORIZING THE EXECUTIVE
DIRECTOR TO ENTER INTO A GRANT AGREEMENT,
WITHIN 30 DAYS, WITH NEW ARENA SQUARE
CORPORATION AND/OR NEW ARENA SQUARE NORTH
AND SOUTH, LTD., IN AN AMOUNT NOT TO EXCEED
$420,000 AND SUBSTANTIALLY IN THE FORM
ATTACHED, FOR FACADE IMPROVEMENTS TO THE
- ARENA SQUARE APARTMENTS PURSUANT TO THE
PLANS AND RENDERINGS APPROVED BY THE CITY OF.
MIAMI DEPARTMENTS OF PLANNING AND ZONING
AND BUILDING (2) ALLOCATING SOUTHEAST
OVERTOWN/PARK WEST TAX INCREMENT FUNDS
(TIF) FOR SUCH PURPOSE; (3) ESTABLISHING A
RESERVE IN THE AMOUNT OF $6001000 IN PRINCIPLE,
SUBJECT TO A LOAN BEING APPROVED BY FANNIE
MAE CORPORATION, TO BE USED FOR DIRECT
GRANTS TO COMMERCIAL TENANTS OF THE ARENA
SQUARE APARTMENTS FOR IMPROVEMENTS, BUILD
OUT COSTS AND COSTS ASSOCIATED WITH MOVING
IN; AND (4) REPEALING ALL RESOLUTIONS
INCONSISTENT WITH THIS ACTION.
WHEREAS, on September 25, 2000, the CRA adopted SEOPW/CRA Resolution
00-98, which authorized the owner of Arena Square Apartments, jointly with the CRA, to
develop a plan for a $900,000 grant to the Arena Square Apartments, based on a five to
one leverage ratio, to pay for improvements to the Arena Square Apartments in a manner
consistent with the Third Avenue Business Corridor and the Over -town Charette, and
subject to the implementation of affordable housing deed restrictions with respect to the
Arena Square Apartments; and
WHEREAS, on November 20, 2000, the CRA adopted SEOPW/CRA Resolution
00-122, which approved a grant in the amount of $900,000 to Arena Square Apartments
for facade and other improvements to that facility, subject to a loan being approved by
the Fannie Mae Corporation and the execution of a grant agreement by the parties; and
WHEREAS, on December 18, 2000, the CRA adopted SEOPW/CRA Resolution
00-136, which provided a grant in the amount of $1,170,000 to the Arena Square
Apartments and authorized the CRA Executive Director to enter into an agreement with
T°JI0D4FIrD
02- 39
SEOPWI CRA
M
Salomon Yuken, owner of Arena Square Apartments (the "Developer"), in a fonn
acceptable to the CRA General Counsel, and also subject to the approval of a loan for
such purpose from Fannie Mae; and
WHEREAS, on February 26, 2001, the CRA adopted SEOPW/CRA, Resolution
01-20, which authorized temporary relocation financial support in an amount not to
exceed $2,500 for each of the business tenants of the Arena Square Apartments; and
WHEREAS, on June 25, 2001, the CRA adopted SEOPW/CRA Resolution 01-79,
which authorized the Executive Director to Close the Fannie Mae loan in accordance
with the term sheet provided by Fannie Mae, under terns and conditions acceptable to
the CRA General Counsel; and
WHEREAS, on December 11, 2001, the CRA adopted SEOPW/CRA Resolution -
01-149, which authorized an increase in the amount of the Fannie Mae Loan from
$1,200,000 to $1,575,000, established the Escrow Accounts required Fannie Mae in
connection with the loan and instructed the CRA's fiduciary, the City of Miami Finance
Department, to wire the required Closing costs to Fannie Mae; and
WHEREAS, the Developer has advised the CRA that the $1,000,000 tax credit
for the project cannot be used to build out the commercial/retail space on the first floor of
the Arena Square Apartments; and
WHEREAS, it was the desire of the CRA to assist Arena Square Apartments by
providing for fagade improvements as well as hard costs associated with the build out of
the commercial space on the first floor of Arena Square Apartments; and
WHEREAS, the CRA was willing to become a partner with the Developer, on a
50-50 basis; and
WHEREAS, an agreement in principal existed between the CRA, the Developer
and Fannie Mae for the selection of an independent commercial agent for the commercial
space; and
—WHEREAS, the CRA and the Developer have not been able to agree on the terms
and conditions of the build out of the commercial space and the management of the
property by an independent commercial agent; and
:WHEREAS, based on proposals by the Developer, the Developer has
acknowledged that he would spend all grant monies received from the CRA for the
benefit of the owner of the Arena Square Apartments, not the commercial tenants; and
WHEREAS, the CRA is committed to providing jobs in the Southeast
Overtown/Park West community; and
WHEREAS, the CRA desires to authorize and direct the Execute Director to enter
into a grant agreement, within 30 days, with New Arena Square Corporation and/or New
Arena Square North and South, Ltd., in an amount not to exceed $420,000 and in
substantially the form attached, for fagade improvements to the Arena Square Apartments
0 39
SEOPW/CRA
pursuant to the plans and renderings as approved by the City of Miami Departments of
Planning and Zoning; and
WHEREAS, the CRA desires to establish a reserve in the amount of $600,000 in
principle, subject to a loan being approved by Fannie Mae Corporation, to be used for
direct grants to commercial tenants of the Arena Square Apartments for improvements,
build out costs and costs associated with moving in;
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.
Section 2. The Executive Director is hereby authorized and directed to enter
into a grant agreement, within thirty days, with New Arena Square Corporation and/or
New Arena Square North and South, I.td., in an amount not to exceed $420,000 and in
substantially the form attached, for fagade improvements to the Arena Square Apartments
pursuant to the plans and renderings as approved by the City of Miami Departments of
Planning and Zoning.
Section 3. There is hereby established a reserve in the amount of $600,000 in
principle, subject to a loan being approved by Fannie Mae Corporation, to be used for
direct grants to commercial tenants of the Arena Square Apartments for improvements,
build out costs and costs associated with moving in.
Section 4. All prior Resolutions or parts of Resolutions insofar as they are
inconsistent or in conflict with the provisions of this Resolution are repealed.
Section 5. This Resolution shall be effective upon its adoption.
PASSED AND ADOPTED on this 251h day of February 2002.
Arthur E. Teele, Jr., Chairman
ATTEST:
Sylvia Scheider, Acting Clerk of the Board
APPROVED AS TO FORM
AND CORRECTNESS:
Alejandro Vilarello
CRA General Counsel
V, T)
02- 39
SEOPW/ CR4
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SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
GRANT AGREEMENT
THIS AGREEMENT (hereinafter the "Agreement") is entered into this ` day of
, 2002, between the Southeast Overtown/Park West Community
Redevelopment Agency, a body corporate and politic of the State of Florida (hereinafter
referred to as the "CRA"), and New Arena Square Corporation, a Florida corporation
(hereinafter referred to as the "Grantee"), general partner of New Arena Square North and
South, Ltd.
FUNDING SOURCE: Tax Increment Funds (TIF)
AMOUNT: $420,000.00
TERM OF THE AGREEMENT: 12002 through June 30, 2003
TAX IDENTIFICATION NO.:
PROPERTY OWNER: New Arena Square North and South, Ltd. (the "Owner")
PROPERTY ADDRESS: 268 N.W. 11 Street, Miami, FL
275 N.W. 10 Street, Miami, FL
TOTAL ESTIMATED PROJECT COST:
Residential Buildings Rehabilitation
Expansion of Commercial/Retail Space
$5,500,000
NOW, THEREFORE, in consideration of the mutual covenants and obligations
herein set forth, the parties understand and agree as follows:
MOO1717 n
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SEOPW / CRA,
MA
ARTICLE I
EXHIBITS AND DEFINITIONS
1.1 Exhibits. Attached hereto and forming a part of this Agreement are the following:
Exhibit A Work Program
Exhibit B Budget
Exhibit C Legal Description of the Property
1.2 Defined Terms. As used herein the following terms shall mean: -
Agreement Records: Any and all books, records, documents,
information, data, papers, letters, materials, and
computerized or electronic storage data and
media, whether written, printed, computerized,
electronic or electrical, however collected or
preserved, which is or was produced,
developed, maintained, completed, received or
compiled by or at the direction of the Grantee
or any subcontractor in carrying out the duties
and obligations required by the terms of this
Agreement, including, but not limited to,
financial books and records, ledgers, drawings,
maps, pamphlets, designs, electronic tapes,
computer drives and diskettes or surveys.
Grant/ Funds: The grant in an amount not to exceed $420,000
from the CRA to the Grantee to perform the Work
Program.
- Grant Requirements: The requirements established by the CPA.
Federal Award: Any federal funds received by the Grantee
from any source during the period of time in
which the Grantee is performing the
obligations set forth in this Agreement.
2 -
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Pwicx�
ARTICLE II
THE GRANT
2.1 Subject to the terms and conditions set forth herein and the Grantee's compliance with all
of its obligations hereunder, the CRA hereby agrees to make the Grant available to the
Grantee to be used for the purpose and disbursed in the manner hereinafter provided.
2.2 The Grant shall be used for the facade renovation of the Arena Square Apartments
facility located between 10`h and llch Streets on N.E. 3ra Avenue, Miami, FL 33131
(the "Project", legally described on Exhibit C) in accordance with the Project Grant
Budget attached hereto as Exhibit B and the Work Program attached hereto as
Exhibit A.
2.3 The CRA shall designate a consulting engineer or other representative to represent
the CRA in connection with, and to interface and work with the Grantee on, all
phases of the Work Program.
2.4 During the term hereof and for a period of three (3) years following the date of the
last payment made hereunder, the CRA shall have the right to review and audit the
records of the Grantee pertaining to the Grant and/or payments by the CRA.
ARTICLE III
CONDITIONS PRECEDENT TO EXECUTION BY THE CRA
The following documents must be approved by, and on file with, the CRA prior to
the CRA's execution of this Agreement:
3.1 The Work Program submitted by the Grantee to the CRA, which shall be attached
hereto as Exhibit A and shall include the following:
3 M07,AFTM-)
02- 39
SEOPW/CRA
0
3.1.1 The description section shall detail the activities to be carried out by the
Grantee. It shall specifically describe the activities to be carried out as a
result of the expenditure of the Grant
3.1.2 The schedule shall provide projected milestones and deadlines for the
accomplishment of tasks in carrying out the Work Program. These items
shall be in sufficient detail to provide a sound basis for the CRA to
effectively monitor performance by the Grantee under this Agreement.
3.2 The Budget attached hereto as Exhibit B, which shall include: completion of the
Grantee's Work Program/Itemized Budget/Expenditure Justification, Total Actual
and Projected Funds Disclosure and Staff Salaries Schedule, as applicable.
3.3 A list of the Grantee's present ownership (names, addresses and telephone numbers).
3.4 A list of key staff persons (with their titles) who will carry out the Work Program.
3.5 Completion of an Authorized Representative Statement.
3.6 Completion of a Statement of Accounting System.
3.7 A copy of the Grantee's last federal income tax return (IRS Form 1120).
3.8 The following corporate documents:
(i) Bylaws, corporate resolutions and incumbency certificates for the Grantee,
certified by the Grantee's Corporate Secretary, authorizing the consummation
of the transactions contemplated hereby, and a certificate of good standing
from the Florida Department of State, all in a form satisfactory to the CRA.
3.9 A copy of an owner's title insurance policy in the face amount of the value of the
Property insuring the Owner's interest in the Property and subject only to those
certain exceptions as shall be approved by the CRA in writing. The title insurance
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02- 39
0,F.®PW/CRA
policy shall be issued by a title company satisfactory to the CRA and in a form
satisfactory to and approved by the CRA. The Grantee, at its own expense, shall
deliver to the CRA copies of any documents that, in the judgment of the CRA and/or
its counsel, consulting engineer or other representative, may affect the Property in
any manner.
3.10 An opinion of counsel satisfactory to the CRA and its counsel which covers the valid
creation and good standing of the Grantee and the Owner; the due execution and
enforceability of this Agreement and any other Grant documents, the absence of
litigation which could have a material adverse effect on the Project, the absence of a
default under the terms of any other documents to which the Grantee and/or the
Owner are parties, and such other matters as may be reasonably required by the CRA
and/or its Counsel.
3.11 A Fixed Price General Construction Contract in form and content acceptable to the
CRA, executed by and between the Grantee or the Owner and a general contractor
acceptable to the CRA, to perform the Work Program in accordance with the plans
and specifications submitted to and approved by the CRA (the "Plans and
Specifications")
3.12 Two (2) sets of the approved site plan and the complete and detailed Plans and
Specifications for the Work Program which the Grantee shall have approved in
writing and which shall be satisfactory to the CRA in the CRA's sole judgment. The
Grantee shall submit the Plans and Specifications for the Work Program to the CRA
for approval prior to their submission to the City of Miami for permit approval. No
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39
�,,EOPW / CRA
changes shall be made to those Plans and Specifications thereafter without the prior
written consent of the CRA.
3.13 All other documents and information required by the CRA and/or its designated
representative/consulting engineer.
ARTICLE IV
TERM AND GENERAL PROCEDURES
4.1 -Effective Date and Term.
This Agreement shall be effective as of the date hereof and end on June 30, 2003.
4.2 Obligations of Grantee.
The Grantee shall carry out the activities prescribed in its Work Program, which is
attached and incorporated herein and made a part of this Agreement, in a manner that
is lawful and satisfactory to the CRA and its designated representative/consulting
engineer.
4.3 Level of Service.
Should start-up time for the Work Program be required, or in the event of the
occurrence of any delays in the activities thereunder, the Grantee shall immediately
notify the CRA in writing, giving all pertinent details and indicating when the Work
Program shall begin and/or continue. It is understood and agreed that the Grantee
shall maintain the level of activities and expenditures in existence prior to the
execution of this Agreement. Any activities funded through or as a result of this
Agreement shall not result in the displacement of employed workers, impair existing
agreements for services or activities, or result in the substitution of funds allocated
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SEOPW / CRA
u.
under this Agreement for other funds in connection with work which would have
been performed in the absence of this Agreement.
ARTICLE V
FUNDING AND DISBURSEMENT REQUIREMENTS
5.1 All requests for payment pursuant to this Agreement shall be accompanied by all
such documents and information as shall be requested by the CRA or its consulting
engineer or representative.
5.2 All payments shall be reimbursements for expenditures incurred only during the
term of this Agreement and in compliance with the approved itemized Budget
attached hereto as Exhibit B. Each written request for payment/reimbursement shall
contain a statement declaring and affirming that all expenditures were made in
accordance with the approved Budget. All documentation in support of each request
for reimbursement hereunder shall be subject to approval by the CRA at the time the
request is made, and all invoices are required to be paid by the Grantee prior to
submission. All reimbursements must be in line -item form and be in accord with
this Agreement. All expenditures must be verified by the original invoice with a
copy of the check that was used to pay that specific invoice. Within 60 days of
submitting each reimbursement request, copies of the canceled checks evidencing
the payments by the Grantee for which reimbursement has been requested shall be
submitted to the CRA. In the event that an invoice is paid by various funding
sources, a copy of the invoice may be submitted but must indicate the exact amounts
paid by; the various funding sources equaling the total of the invoice. No
miscellaneous categories shall be accepted as a line -item in the Budget. A maximum
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02- 39
SE®PW/CRA
- W
of two (2) requests for line -item changes are allowable, with prior review and
approval by the CRA. All line -item changes must be made at least sixty (60) days
prior to the end of the term of this Agreement.
5.3 Requests for payment must be made at least on a monthly basis. Reimbursement
requests must be submitted to the CRA within thirty (30) calendar days after the
indebtedness has been incurred. Failure to comply with these time frames for
requesting reimbursement/payment will result in the rejection of those invoices
within the reimbursement package that do not meet these requirements.
5.4 The Grantee must submit the final request for payment to the CRA within thirty (30)
calendar days following the expiration of this Agreement. If the Grantee fails to
comply with this requirement, the Grantee shall forfeit all rights to payment and the
CRA shall not honor any request submitted thereafter.
5.5 Any payment due under this Agreement may be withheld pending the receipt and
approval by the CRA of all reports, and any modifications thereto, due from the
Grantee as a part of this Agreement.
5.6 In no event shall the CRA be obligated to disburse the Grant or any portion thereof
(g) any default of this Agreement or of any document executed in connection
herewith shall have occurred and shall not have been cured to the satisfaction
of the CRA;
(ii) at any time the CRA is not satisfied that the amount of the Grant remaining
undisbursed will be sufficient to complete the Work Program; and
(iii) if the Property shall have been damaged by fire or other casualty.
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SEOPW / CRA
mi
ARTICLE VI
OTHER REQUIREMENTS
6.1 Bonding and Insurance.
At all times during the term hereof, the Grantee shall maintain insurance and
bonding coverage acceptable to the CRA. Prior to commencing any activity under
il
this Agreement, the Grantee shall furnish to the CRA original certificates of
insurance and bonding indicating that the Grantee is in compliance with the
provisions of this Article.
6.1.1 The Grantee shall provide the following coverage:
(i) Comprehensive General Liability and umbrella liability coverage in
an amount not less than $500,000.00 per person per occurrence,
protecting the CRA and the Grantee against liability incidental to the
use of, or resulting from an accident occurring on or about, its
property, including coverage for: (a) fire, explosion, collapse and
underground hazards, completed operations and independent
contractors, and (b) automobile liability for all owned vehicles, as
well as coverage for non -owned and hired automobiles.
(ii) Workers' compensation insurance as required by the laws of the State
of Florida.
(iii) Flood insurance, if applicable, in such amount as may be required by
the CRA.
(iv) A bid bond or performance bond in such fonn as may be required by
the CRA.
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SEOPW / CRA
6.1.2 Fidelity bonding for all persons handling funds received or disbursed under
this Agreement in an amount equal to or greater than the amount of the grant
of funds hereunder. The CRA shall be named as Loss Payee.
6.1.3 The Grantee shall require the Project Architect to be insured. The Grantee
shall require the Project Architect to furnish to CRA Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements
outlined below, and all such other/additional insurance as may be required -
by, and acceptable to, the CRA.
(i) The Grantee shall require the Project Architect to carry Professional
Liability Insurance in an amount not less that $500,000 per
occurrence providing for all sums which the Project Architect shall
become legally obligated to pay as damages for claims arising out of
the services performed by the Project Architect or any persons
employed by the Project Architect in connection with this Agreement.
This insurance shall be maintained for a period of two (2) years after
the Certificate of Occupancy, Certificate of Completion or their
equivalent is issued for the Work Program.
6.1.4 The Grantee shall require the General Contractor to be insured. The Grantee
shall require the General Contractor to furnish to CRA Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements
outlined below, and all such other/additional insurance as may be required
by, and acceptable to, the CRA.
(h) The Grantee shall require the General Contractor to carry Professional Liability
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Sly®PW / CRA
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Insurance in the name of the General Contractor or licensed design professional
employed by the General Contractor in an amount not less than $500,000 per
occurrence providing for all sums which the General Contractor shall become
legally obligated to pay as damages for claims arising out of the services
performed by the General Contractor or any persons employed by the General
Contractor in connection with this Agreement. This insurance shall be
maintained for a period of two (2) years after the Certificate of Occupancy, _
Certificate of Completion or their equivalent is issued for the Work Program.
(ii) Completed Value Builder's Risk Insurance on an "All Risk" basis in an
amount not less than one hundred (100%) percent of the insurable value of
the building(s) or structure(s). The policy shall name the CRA as additional
Insured.
6.1.5. All such insurance shall insure the CRA as the primary additional insured,
with a loss payable clause in favor of the CRA. The Grantee shall be
required to furnish evidence of any other insurance coverage the CRA may
reasonably require during the term of this Agreement. All such policies shall
require the insurance carrier to give the CRA at least thirty (30) days prior
written notice of termination, cancellation, expiration or modification, and all
such policies shall be written by insurance companies satisfactory to the
CRA. There shall be no exclusions in such policies that override the CRA's
coverage.
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ti; OPW/CRA
6.2 Financial Accountability.
The CRA reserves the right to audit the records of the Grantee at any time during the
performance of this Agreement and for a period of three years after its
expiration/tennination. The Grantee agrees to provide to the CRA all financial and
other applicable records and documentation of work performed. Any payment made
by the CRA shall be subject to reduction for amounts included in the related invoice
that are found by the CRA, on the basis of such audit, not to constitute allowable
expenditures. Any payments made to the Grantee are subject to reduction for
overpayments on previously submitted invoices.
6.3 Recapture of Funds.
The CRA reserves the right to recapture funds in the event that the Grantee shall fail:
(i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed
by the CRA at the direction of governing federal, state and local agencies and/or its
funding source.
6.4 Contingency Clause.
Funding pursuant to this Agreement is contingent on the availability of funds and
continued authorization for the Work Program activities, and is also subject to.
amendment or termination due to lack of funds or authorization, reduction of funds,
and/or changes in regulations.
6.5 Indemnification by General Contractor, Etc.
The Grantee shall and shall require the Project Architect, General Contractor, and
Subcontractors to indemnify and hold harmless the CRA and their past, present, and
futures employees and agents from any legal claims, liabilities, losses and causes of
MODIFT-T)
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action which may arise out of the actions or negligence, in whole or in part, of the
General Contractor, the Project Architect, the Subcontractors, or their officers
agents, employees, or assignees in the fulfillment of this Agreement. The General
Contractor shall pay all claims and losses of any nature in connection therewith,
shall defend all suits in the name of the CRA and/or its employees or agents as
described above, and shall pay all costs and judgments which may be issued thereon.
6.6 Documents and Reports of General Contractor, Etc.
The Grantee shall require the General Contractor and Project Architect to submit
documents and reports to the CRA in such form, manner, and frequency as
prescribed by the CRA for compliance with applicable requirements.
(i) Neighborhood Employment Opportunities Report. The Grantee shall
report to the CRA the number of target and service area residents who have
received employment opportunities from Grant financed and assisted
activities. This report shall be submitted to the CRA semiannually at the end
of the I" and 3rd quarter of the Grantee's fiscal year during the term of this
Agreement and for a period of two years after the expiration/termination of
this Agreement.
6.7 The Grantee shall, to the greatest possible, give low -and -moderate -income residents
of the service areas opportunities for training and employment.
6.8 The Grantee shall comply and shall require the General Contractor to comply with
Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits
discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as
amended, which prohibits discrimination on the basis of race, color, or national
MODIFMD
13 02- 39
q OPW / CRA
origin; the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as
amended, and Executive Order 11063 which prohibits discrimination in housing on
the basis of race, color, religion, sex, or national origin; Executive Order 11246 which
requires equal employment opportunity; and with the Energy Policy and Conservation
Act (Pub.L94-1 63) which requires mandatory standards and policies relating to
energy_ efficiency; and with the Domestic Violence Leave, codified as IIA-60 et seq.
of the Miami -Dade County Code, which requires an employer, who in the regular
course of business has fifty (50) or more employees working in Miami -Dade County
for each working day during each of twenty (20) or more calendar work weeks to
provide domestic violence leave to its employees.
6.9 If the grant amount payable to the Grantee pursuant to the terms of this Agreement is
in excess of $100,000, the Grantee shall comply and shall require the General
Contractor to comply with all applicable standards, orders, or regulations issued
pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C. 1857h), as
amended; the Federal Water Pollution Control Act (33 U.S.C. 1251), as amended;
Section 508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection
Agency regulations (40 CFR Part 15); and Executive Order 11738.
6.10. Assurance of Compliance with Section 504 of the Rehabilitation Act
The Grantee shall report its compliance with Section 504 of the Rehabilitation Act
whenever so requested by the CRA.
6.11 Americans with Disabilities Act of 1990 (the "ADA")
The Grantee shall ensure compliance with all applicable requirements of the ADA.
14 02- 39
SEOPW / CRA
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6.12 The Grantee shall carry out its Work Program in compliance with all applicable federal,
state and local laws and regulations.
6.13 With regard to the Work Program, the Grantee shall incorporate into all contracts with
contractors, and shall require all contractors to incorporate into all subcontracts, the
following requirements:
The contractor/subcontractor shall:
a. _Submit to the Grantee and CRA for written approval all _proposed -_ -
Solicitation Notices, Invitations for Bids, and Requests for Proposals prior
to publication.
b. Submit to the Grantee and the CRA all construction plans and
specifications relating to the Work Program and receive the Grantee's and
the CRA's approval thereof prior to implementation.
6.14 Prior Approval.
With regard to the Work Program, the Grantee shall obtain, and shall require all
contractors and subcontractors to obtain, prior written approval from the CRA prior to
undertaking any of the following:
a. The engagement, execution, or termination of any subcontracts or contract
assignments, wherein the Grant will be used to pay for goods or services.
The Grantee, contractor and subcontractors must submit all proposed
agreement documents to the CRA at least thirty (30) days prior to the start
date of the agreement.
b. The addition of any items not specifically listed in the approved Budget.
C. The modification or addition of all job descriptions.
1,RO,D"
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6.15 The Grantee agrees that if the Property is sold within five (5) years from the date of the
last disbursement of the Grant hereunder, the Grantee shall return to the CRA, on a
declining, prorated basis, any Grant funds provided to it (e.g. 100% in the first year, 80%
in the second year, 60% in the third year, 40% in the fourth year and 20% in the fifth
year).
ARTICLE VII
AUDIT
7.1 As a necessary part of this Agreement, the Grantee shall adhere to the following
requirements during the term of this Agreement and for a period of five years from the date
of the last disbursement of the Grant hereunder:
Within 90 days of the close of the Grantee's fiscal year, the Grantee shall
deliver to the CRA a copy of its audited financial statements, prepared in accordance
with generally accepted accounting principles and audited by an outside certified
public accountant/accounting firm
The auditor's report shall include, at a minimum:
a) an opinion (or disclaimer of opinion) as to whether the financial
statements are presented fairly in all material respects in conformity with
generally accepted accounting principles.
b) a report on internal controls related to the financial statements. This
report shall describe the scope of testing of internal controls and the
results of the testing, and, where applicable, refer to a separate schedule
of findings and questioned costs.
MODIFIED
16 02- 39
MEJ
c) a report and an opinion (or disclaimer of opinion) on compliance with
applicable laws, regulations, and the requirements of contracts including
this Agreement, noncompliance with which could have a material affect
on the financial statements or on the Work Program. This report shall, if
applicable, refer to a separate schedule of findings and questioned costs.
ARTICLE VIII
RECORDS AND REPORTS
The Grantee shall establish and maintain sufficient records to enable the CRA to
determine whether the Grantee has met the Grant Requirements. At a minimum, the
following records shall be maintained by the Grantee:
8.1.1 Records providing a full description of each activity assisted (or being
assisted) with the Grant, including its location (if the activity has a
geographical locus), the amount of the Grant budgeted, obligated and
expended for the activity.
8.1.2 The General Contractor shall maintain all Agreement Records that document
all actions undertaken to accomplish the Work Program outlined in Exhibit
A.
8.1.3 The General Contractor shall ensure that the Agreement Records shall be at
all times subject to and available for full access and review, inspection, or
audit by the CRA and any other personnel duly authorized by the CRA.
8.1.4 The General Contractor shall include in all Grantee and CRA approved
subcontracts used to engage subcontractors to carry out any Project services,
17 r,40DJFIFD
02- 3S
, 'r%nXX71rR A
each of the record -keeping and audit requirements detailed in this
Agreement.
8.1.5 All records required to be maintained in accordance with any other
applicable laws and regulations.
8.2 Retention and Accessibility of Records.
8.2.1 The CRA shall have the authority to review the Grantee's records, including
Project records and books of account, for a period of three (3) years from the
expiration/termination of this Agreement (the "Retention Period"). All books
of account and supporting documentation shall be kept by the Grantee at least
until the expiration of the Retention Period. All records and reports required
herein shall be retained and made accessible as provided hereunder.
The Grantee shall ensure that the Agreement Records shall be at all times
subject to and available for full access and review, inspection and audit by
the CRA.
8.2.2 The Grantee shall include in all the CRA approved subcontracts used to
engage subcontractors each of the Grantee's obligations hereunder,
including, but not limited to, the record -keeping and audit requirements
detailed in this Agreement.
8.2.3 If the CRA or the Grantee has received or given notice of any kind indicating
any threatened or pending litigation, claim or audit arising out of the
activities pursuant to the project, the activities and/or the Work Program or
under the terms of this Agreement, the Retention Period shall be extended
until such time as the threatened or pending litigation, claim or audit is, in the
t ODIFIM
18 02- 39
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sole and absolute discretion of the CRA fully, completely and finally
resolved.
8.2.4 The Grantee shall notify the CRA in writing both during the pendency of this
Agreement and after its expiration/termination as part of the final closeout
procedure, of the address where all Agreement Records will be retained.
f
8.2.5 The Grantee shall obtain the prior written consent of the CRA to the disposal
of any _Agreement Records within one year after the expiration of the -
Retention Period.
8.3 Provision of Records.
8.3.1 At any time upon request by the CRA, the Grantee shall provide all
Agreement Records to the CRA. The requested Agreement Records shall
become the property of the CRA without restriction, reservation, or limitation
on their use. The CRA shall have unlimited rights to all books, articles, or
other copyrightable materials developed in the performance of this
Agreement. These rights include the right of royalty -free, nonexclusive, and
irrevocable license to reproduce, publish, or otherwise use, and to authorize
others to use the Work Program for public purposes.
8.3.2 If the Grantee receives funds from, or is under regulatory control of other
governmental agencies, and those agencies issue monitoring reports,
regulatory examinations, or other similar reports, the Grantee shall provide a
copy of each such report and any follow-up communications and reports to
the CRA immediately upon such issuance, unless such disclosure would be
prohibited by any such issuing agency.
MODIFIED
19
02- 39
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8.4 Monitoring.
The Grantee shall permit the CRA to inspect all Agreement Records, facilities,
goods, and activities of the Grantee that are in any way connected to the activities
undertaken pursuant to the terms of this Agreement, and/or interview any clients,
employees, subcontractors or assignees of the Grantee. Following such inspection or
interviews, the CRA will deliver to the Grantee a report of its findings. The Grantee
_will rectify alldeficiencies cited by the CRA within the specified period of time set
forth in the report or provide the CRA with a reasonable justification for not
correcting the same. The CRA will determine in its sole and absolute discretion
whether or not the Grantee's justification is acceptable.
The CRA will carry out monitoring and evaluation activities, including visits and
observations; the Grantee shall ensure the cooperation of its employees and its Board
members in such efforts. Any inconsistent, incomplete, or inadequate information
either received by the CRA or obtained through monitoring and evaluation by the
CRA shall constitute cause for the CRA to terminate this Agreement.
8.5 Related Parties.
The Grantee shall report to the CRA the name, purpose for and any and all other
relevant information in connection with any related -party transaction. The term
"related -party transaction" includes, but is not limited to, a for -profit or nonprofit
subsidiary or affiliate organization, an organization with an overlapping Board of
Directors and an organization for which the Grantee is responsible for appointing
memberships. The Grantee shall report this information to the CRA upon forming
the relationship, or if already formed, shall report such relationship prior to or
MODIFIED
20 ()2- 39
SE®Pw/CRA
simultaneously with the execution of this Agreement. Any supplemental
information shall be promptly reported to the CRA.
ARTICLE IX
REMEDIES, SUSPENSION, TERMINATION
The CRA retains the right to terminate this Agreement at any time prior to the completion
of the work required pursuant to this Agreement without penalty to the CRA. In that
event,, notice of termination of this Agreement shall be in writing to the Grantee, who_
shall be paid for that work performed prior to the date of its receipt to the notice of
termination. In no case, however, shall the CRA pay the Grantee an amount in excess of
the total sum provided by this Agreement.
It is hereby understood by and between the CRA and the Grantee that any payment made
in accordance with this Agreement to the Grantee shall be made only if the Grantee is not
in default under the terms of this Agreement. If the Grantee is in default, the CRA shall
not be obligated and shall not pay to the Grantee any sum whatsoever.
9.1 Remedies for Noncompliance.
If the Grantee materially fails to comply with any term of this Agreement, the CRA may
take one or more of the following courses of action:
9.1.1 Temporarily withhold cash payments pending correction of the deficiency by the
Grantee, or such more severe enforcement action as the CRA determines is
necessary or appropriate.
9.1.2 Deny the use of the Grant for all or part of the cost of the activity or action not in
compliance.
9.1.3 Wholly or partly suspend or terminate the Grant awarded to the Grantee.
MODIFIED
21 p2-- 39
s., o.ew/CRA
9.1.4 Withhold further grants and/or loans for the Grantee.
9.1.5 Take all such other remedies that may be legally available.
9.2 Suspension.
9.2.1 The CRA may, for reasonable cause, withhold payments to the Grantee pending
necessary corrective action by the Grantee. Reasonable cause shall be determined
by the CRA in its sole and absolute discretion, and may include:
a. Ineffective or improper use of the Grant by the Grantee;
b. Failure by the Grantee to materially comply with any term or
provision of this Agreement;
C. Failure by the Grantee to submit any documents required by this
Agreement; or
d. The Grantee's submittal of incorrect or incomplete documents or
information.
9.2.2 The actions described in paragraph 9.2.1 above may be applied to all or any
part of the activities funded by this Agreement.
9.2.3 The CRA will notify the Grantee in writing of any action taken pursuant to
this Article, by certified mail, return receipt requested, or by in person
delivery with proof of delivery. The notification will include the reason(s)
for such action, any conditions relating to the action taken, and the necessary
corrective action(s).
9.3 Termination.
9.3.1 Termination Because of Lack of Funds.
MODIFIED
22 02- 39
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IV.- 11�
In the event the CRA does not receive funds to finance this Agreement from
its funding source, or in the event that the CRA's funding source de -obligates
the funds allocated to fund this Agreement, the CRA may terminate this
Agreement upon not less than twenty-four (24) hours prior notice in writing
to the Grantee. Said notice shall be delivered by certified mail, return receipt
requested, or by in person delivery with proof of delivery.
_9.3.2= Termination for Breach.
The CRA may terminate this Agreement, in whole or in part, in the event the
CRA determines, in its sole and absolute discretion, that the Grantee is in
default, or not materially complying with any term or provision, of this
Agreement.
The CRA may terminate this Agreement, in whole or in part, in the event that
the CRA determines, in its sole and absolute discretion, that there exists an
event of default under and pursuant to the terms of any other agreement or
obligation of any kind or nature whatsoever of the Grantee to the CRA, direct
or contingent, whether now or hereafter due, existing, created or arising.
9.3.3 Unless the Grantee's breach is waived by the CRA in writing, the CRA may,
by written notice to the Grantee, terminate this Agreement upon not less than
twenty-four (24) hours prior written notice. Said notice shall be delivered by
certified mail, return receipt requested, or by in person delivery with proof of
delivery. Waiver of breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a
modification of the terms of this Agreement. The provisions hereof are not
23 02- 39
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intended to be, and shall not be, construed to limit the CRA's right to legal or
equitable remedies.
ARTICLE X
MISCELLANEOUS PROVISIONS
10.1 Indemnification.
The Grantee shall pay and save the CRA harmless from and against any and all
_ claims, liabilities, losses, and causes of action which may arise out of the Grantee's
activities related to the Work Program or otherwise under this Agreement, including
all acts or omissions to act on the part of the Grantee and/or any persons acting for or
on its behalf, and from and against any relevant orders, judgments, or decrees which
may be entered against the CRA, and from and against all costs, attorney's fees,
expenses, and liabilities incurred by the CRA in the defense or investigation of any
such claims or other matters.
10.2 Amendments.
No amendment to this Agreement shall be binding unless in writing and signed by
both parties hereto. Budget modifications shall be approved by the CRA in writing.
10.3 Ownership of Documents.
All documents developed by the Grantee under this Agreement shall be delivered to
the CRA upon completion of the activities required pursuant to this Agreement and
shall become the property of the CRA, without restriction or limitation on their use if
requested by the CRA. The Grantee agrees that all documents maintained and
generated pursuant to this Agreement shall be subject to all provisions of the Public
Records Law, Chapter 119, Florida Statutes.
MODIFIED
24 02- 39
SEOPWICRA
It is further understood by and between the parties that any document which is given
by the CRA to the Grantee pursuant to this Agreement shall at all times remain the
property of the CRA and shall not be used by the Grantee for any other purpose
whatsoever without the prior written consent of the CRA.
10.4 Award of Agreement.
The Grantee warrants that is has not employed or retained any person employed by
-the CRA to solicit or secure this Agreement and that it has not offered to pay, -paid,
or agreed to pay any person employed by the CRA any fee, commission, percentage,
brokerage fee, or gift of any kind contingent upon or resulting from the award of this
Agreement.
10.5 Non-Delegability.
The obligations undertaken by the Grantee pursuant to this Agreement shall not be
delegated or assigned to any other person or firm, in whole or in part, without the
CRA's prior written consent which may be granted or withheld in the CRA's sole
discretion.
10.6 Construction of Agreement.
This Agreement shall be construed and enforced according to the laws of the State of
Florida.
10.7 Conflict of Interest.
10.7.1 The Grantee covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with Work
Program funded activities has any personal financial interest, direct or
indirect, in this Agreement. The Grantee further covenants that, in the
25
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performance of this Agreement, no person having such a conflicting
interest shall be employed. Any such interest on the part of the Grantee or
its employees must be disclosed in writing to the CRA.
10.7.2 The Grantee is aware of the conflict of interest laws 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 (Chapter 112, Florida
Statutes), and agrees that it shall comply in all respects with the terms of
the same.
10.8 No Obligation to Renew.
Upon expiration of the term of this Agreement, the Grantee agrees and understands
that the CRA has no obligation to renew this Agreement.
10.9 Entire Agreement.
This instrument and its attachments constitute the only Agreement of the parties
hereto relating to the Grant and sets forth the rights, duties, and obligations of each of
the parties hereto to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no
force or effect.
10.10 General Conditions.
10.10.1 All notices or other communications which shall or may be given
pursuant to this Agreement shall be in writing and shall be delivered by
in person delivery or by certified mail addressed to the other party at the
address indicated herein or as the same may be changed from time to
time, upon notice in writing. Such notice shall be deemed given on the
26 1yIDDIFIED
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cm
day on which personally served, or, if by mail, on the fifth day after being
posted or the date of actual receipt, whichever is earlier.
RM
Annette Lewis, Acting Executive Director
Community Redevelopment Agency
300 Biscayne Boulevard Way
Suite 430
Miami, FL 33131
-- -- Grantee --
Salomon Yuken, President
New Arena Square Corporation
1023 N.W. 3 Avenue
Miami, FL 33131
10.10.2 Title and paragraph headings are for convenient reference and are not a
part of this Agreement.
10.10.3 In the event of conflict between the terms of this Agreement and any
terms or conditions contained in any attached documents, the terms in
this Agreement shall control.
10.10.4 No waiver of breach of any provision of this Agreement shall constitute a
waiver of any subsequent breach of the same or any other provision
hereof, and no waiver shall be effective unless made in writing.
10.10.5 Should any provision, paragraph, sentence, word or phrase contained in
this Agreement be determined by a court of competent jurisdiction to be
invalid, illegal or otherwise unenforceable under the laws of the State of
Florida, such provision, paragraph, sentence, word or phrase shall be
deemed modified to the extent necessary in order to conform with such
laws, or if not modifiable to conform with such laws, then same shall be
27 02- 39
oPW/CRA
deemed severed, and in either event, the remaining terms and provisions
of this Agreement shall remain umnodified and in full force and effect.
10.11 Independent Contractor.
The Grantee, the General Contractor, the Project Architect and their employees and
agents shall be deemed to be independent contractors and not agents or employees of
the CRA, and shall not attain any rights or benefits under the civil service or pension
program(s) of Jhe CRA or any rights generally afforded classified or unclassified
employees; further, they shall not be deemed entitled to the Florida Worker's
Compensation benefits as employees of the CRA.
10.12 Successors and Assigns.
This Agreement shall be binding upon the parties hereto, and their respective heirs,
executors, legal representatives, successors, and assigns.
10.13 Grantee Certification.
The Grantee certifies that it possesses the legal authority to enter into this Agreement
pursuant to authority that has been duly adopted or passed as an official act of the
Grantee's governing body, authorizing the execution of the Agreement, including all
understandings and assurances contained herein, and directing and authorizing the
person identified as the official representative of the Grantee to act in connection
with this Agreement and to provide such information as may be required.
10.14 Aknowled eg_ ment.
During the term of this Agreement, the Grantee shall acknowledge the contribution
of the CRA by signage identifying the CRA as a project sponsor, and by identifying
MODIFIED
28 02- 39
SF
OFW / CRA
the CRA as a project sponsor in all documents, literature, pamphlets, advertisements,
and signage permanent or otherwise.
10.15 All of the Grantee's obligations hereunder shall be performed to the satisfaction of
the Executive Director of the CRA, who shall decide all questions, difficulties and
disputes of whatever nature which may arise under or by reason of this Agreement,
and the Executive Director's decisions upon all such matters shall be final,
_conclusive and binding upon the parties hereto. _
In the event that the Grantee does not concur in the judgment of the Executive
Director as to any decision so made, the Grantee may appeal such decision to the
Board of Directors of the CRA.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized on the date above written.
ATTEST:
ATTEST:
New Arena Square Corporation, a Florida
corporation
Salomom Yuken, President
New Arena Square North and South Ltd.,
a Florida limited partnership
Ra
General Partner
, Manager
By:
General Partner
By:
President
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29 02- 39
SEOPW / CRA
ATTEST:
Walter J. Foeman, City Clerk
APPROVED AS TO
INSURANCE REQUIREMENTS:
Risk Management
MSEPOW-Omni CRA-New Arena Square Grant Agreement-2-25-02
Southeast Overtown/Park West Community
Redevelopment Agency, a • body corporate
and politic of the State of Florida
By:
Annette Lewis, Acting Executive Director
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilarello
City Attorney
MODIFTET)
30 O 2 _ 39
SEOPW/CRA
"4
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EXHIBIT A
Work Program
New Arena Square Corporation
Arena Square Apartments
1. The work to be performed consists of the total gutted rehabilitation of the existing
apartments complex and the expansion of the Project to provide 7500 square feet of
commercial/retail space. The improvements to the Arena Square Apartments shall be consistent
with the Third Avenue Business Corridor and the findings of the Over -town Charette.
The Grant shall be used to redesign the fagade and entrance ways of the Project buildings
and to enhance lighting and security for the Project, including, but not limited to, the following:
a. Dramatic changes to the front of the buildings on the 3Td Avenue corridor and
enhancements to the south corridor entrance in accordance with the design of the
Overtown Charette.
b. Combine the two residential buildings with a majestic 3rd Avenue entrance, with a
center landscape courtyard.
c. Landscape the 3`d Avenue public area with royal palms and a sidewalk with pavers.
2. The work to be performed is that described as follows:
MODIFIER
31 92- 39
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3 The work performed under this Work Program shall be subject to inspection and approval
by the CRA.
ATTEST:
Grantee:
New Arena Square Corporation, a Florida
corporation
LOW
Salomom Yuken, President
New Arena Square North and South Ltd.,
a Florida limited partnership
By:
General Partner
By:
, Manager
By:
General Partner
By:
President
MODIFIFn
32 02- 39
SE®PW/CRA
H.J. ROSS ASSOCIATES, INC.
Revised Cost Estimate for New Arena Apartments:
Demolition allowance
Tower canopy structure (4) 256 sf x $25 6,400.00 (4)
Tower finish (cem. stucco on foam) 3,600/9 = 400 sy x $30
Grand entrance fin. structure 30' x 30' = 900 sf x $65
Mansard 240' x 4' = 720 sf x $18
Cement stucco finish at facade 360' x 30' = 10,800 sf / 9 = 1200 sy x $24
Storefronts fascia side w/ door total of 12
Facade paint
Entrance grille allowance _
Decorative trim 375 If. x $12
Interior buildout
mobilization, permit and A/E fees (25%)
O/H & Profit (15%)
Contingency (15%)
Total
total
=33,000.00
=25,600.00
=12,000.00
=58,500.00
=12,960.00
=28,800.00
=56,400.00
=12,200.00
= 6,500.00
= 4,500.00
=18,490.00
=270,950.00
= 67,740.00
= 40,640.00
= 40,640.00
=419,975.00
MODIFIED
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SEOPW / CRA
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H. J. Ross Associates, Inc.
Engineers • Planners • Scientists
February 25, 2002
Ms. Annette Lewis
Executive Director
City of Miami
Community Redevelopment Agency
300 Biscayne Blvd. Way, Suite 430
Miami, FL 33313
Re: Facade for New Arena Square Apts (Yukeu Property)
Dear Ms. Lewis:
800 Douglas Entrance
Annex Building, Suite 250
Coral Gables, FL 33134-3163
Telephone: (305) 567-1888
Facsimile: (305) 567-1771
As you requested on 2/21/02, H.J. Ross proceeded to evaluate the probable construction
cost for the facade along NW 3`d Avenue of the subject property. This estimated
probable constriction cost was compiled using the best available information provided by
the owner and the CRA staff. However, due to time constraints, we believe that an
allowance of $419,975 should be adequate for the construction of the facade.
If you have any questions, please do not hesitate to call me.
Sincerely,
H.J. ROSS ASSOCIATES, INC.
Cesar A. Calas, P.E.
Principal
G:\CRAXXX\Facade.doc
MODII~TFIT)
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www_hirncc ,-nm
TO
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Chairman Arthur E. Teele, Jr. and
Members of the CRA Board
FROM
Annette E. Lewis qPJ
ITEM 7A
DATE: FILE:
SUsJECTFebruary 25, 2002
Reimbursable Grant Agreement to Arena
REFERENWare Apartments
ENCLOSURES:
Acting Executive Director Resolution
RECOMMENDATION
9
It is respectfully recommended that the CRA Board approve the attached resolution approving a
reimbursable grant agreement in an amount not to exceed $750, 000, subject to a loan application being
approved by the Fannie Mae Corporation, for fagade improvements and structural improvements for
commercial tenants of the New Arena Square Apartments and authorizing the Executive Director to
execute the agreement.
BACKGROUND
The CRA Board adopted the 3rd Avenue Business Corridor Resolution, SEOPW/CRA 98-14, which
serves to promote and support commercial developments along the corridor by providing services and
amenities necessary for the new and existing business along the corridor. In December 2000, the CRA
adopted Resolution SEOPW/CRA 00-98 authorizing the owner of Arena Square Apartments to join with
the CRA to develop a plan for a $900,000 grant to Arena Square Apartments. Resolution SEOPW/CRA
R-00-122 approved the $900,000 grant. In December, 2000 the CRA Board adopted Resolution
SEOPW/CRA 00-135 which amended Resolution SEOPW/CRA R-00-122 by increasing the grant
amount from $900,000 to $1.17M and authorized the Executive Director to enter into an agreement with
owner, Salomen Yuken, subject to a loan application being approved by the Fannie Mae Corporation.
MODIFIED
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SEOPW / CRA
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM ITEM 711
TO: DATE: FILE:
Chairman Arthur E. Teele, Jr. and SUBJECTFebruary 25, 2002
Members of the CRA Board
Operation Grant Agreement to Arena Square
FROM: REFEREA4rtment Commercial Tenants
Annette E. Lewis ENCLOSURES:
Acting Executive Director Resolution
RECOMMENDATION
It is respectfully recommended that the CRA Board approve the attached resolution approving
individual 15 year operation grant agreements for commercial tenants of Arena Square Apartments
North and South Ltd., for build -out impact fees and other such "moving in" cost, and authorizing the
Executive Director to enter into separate contracts with the commercial tenants, and further stipulating a
budget in an amount not to exceed $420,000, subject to a loan application being approved by the Fannie
Mae Corporation.
BACKGROUND
The CRA Board adopted the P Avenue Business Corridor Resolution, SEOPW/CRA 98-14, which
serves to promote and support commercial developments along the corridor by providing services and
amenities necessary for the new and existing business along the corridor. In December 2000, the CRA
adopted Resolution SEOPW/CRA 00-98 authorizing the owner of Arena Square Apartments to join with
the CRA to develop a plan for a $900,000 grant to Arena Square Apartments. Resolution SEOPW/CRA
R-00-122 approved the $900,000 grant. In December, 2000 the CRA Board adopted Resolution
SEOPW/CRA 00-135 which amended Resolution SEOPW/CRA R-00-122 by increasing the grant
amount from $900,000 to $1.17M and authorized the Executive Director to enter into an agreement with
owner, Salomen Yuken, subject to a loan application being approved by the Fannie Mae Corporation.
MODIFTFT)
27
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SEOPW / CRA