HomeMy WebLinkAboutItem #21 - Discussion ItemCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members DATE April 9, 1997 FILE
of the City Commission
SUBJECT Pocket Item for 4/10/97
Commission Meeting
FROM REFERENCES.
Humberto Hernandez �t
Commissioner - ENCLOSURES.
I have been requested by the developer of Knight Manor/Northwestern Estates Homes to
bring up as a discussion item the past due professional fees owed by the City of Miami to
them.
Attached please find a copy of the agreement between the City and the Urban League of
Miami, Inc., (the "Project Sponsor").
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HOME PROGRAM COMMUNITY HOUSING DEVELOPMENT
ORGANIZATIONS AGREEMENT
This Agreement is dated as oi'this . T5_-_day of }_ - 1996, by and
between the City of :Miami, a municipal corporation of the State of Florida, (the "City") acting by
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and through its Department of NET ("NEI"'), and the Urban League of Greater Miami. Inc., a
Florida corporation not -fur -profit (the "Project Sponsor")
RECITAL:
WHEREAS, the City, in cooperation with the Project Sponsor, is implementing a project
to increase the supply of affordable housing for low and very low income families and individuals,
and
WHEREAS, pursuant to Resolution No. 95-853 passed and adopted by the City
Commission on December 7, 1995, the Project Sponsor was allocated $4.75 Million of HOME
Funds for the purpose of land acquisition assisting in the financing of the development of a 134
unit affordable homeownership housing project known as "Knight Manor Homes," in the Model
City Community Development 'Target Area ("Project"), -
NOW THEREFORE, in consideration of the mutual covenants and obligations herein
contained, and subject to the terms and conditions hereinafter stated, the parties hereto
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understand and agree as follows.
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ARTICLE I
DEFINITIQN5
The City and the Project Sponsor hereby agree that the capitalized terms set forth below
and used herein shall have the meaning set forth opposite the terms unless the context admits or
requires otherwise.
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1.1 Affordability Period: The period of time the Project must remain
"Affordable" in accordance with the HOME
Requirements as set forth in 24 CFR 92.254(a)(4)(b)
or City of Miami, as applicable.
1 2 Affordable: A Project that satisfies the requirements set forth in
24 CFR 92254.
1.3 Community Housing Development A state or local private nonprofit organization,
0[ganization ("C_I-iDO"): organized to provide decent housing that is
affordable to low-income and very low income
persons in accordance with 24 CFR 92.2.
1 4 HOME Program: A program created by the National Affordable
Housing Act of 1990 strengthen public - private
partnerships to provide more affordable housing to
qualified persons.
1.5 HOME Requirements: The requirements contained in 24 CFR Part 92,
Section 420.5089, Florida Statutes, and Rule 91-34,
Florida Administrative Code and by the City of
Miami, attached hereto as Exhibit "K". In the event
the provisions of this Agreement conflict with the
requirements set forth in Exhibit "K", the
requirements in Exhibit "IC" shall prevail.
1.6 HOME Funds: The allocation of S4.75 Million made available to
Project Sponsor from City for the development of
the Project.
1 7 Contract Records.: Any and all books, records, documents, information,
data, papers, letters, materials, electronic storage
data and media, whether written, printed, electronic
or electrical, however collected or preserved which
is or was produced, developed, maintained,
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completed, received or compiled by or at the
direction of the Project Sponsor or any
subcontractor Sponsor in carrying out the duties and
obligations required by the terms of this contract,
including, but not limited to, financial books and
records, ledgers, drawings, maps, pamphlets,
designs, electronic tapes, computer drives and
diskettes or surveys.
1.8 Federal Award ` Any federal funds received by the Project Sponsor
from any source during the period of time in which
the Project Sponsor is performing the obligations set
forth in this Agreement.
1 9 Project: The construction of the Knight Manor Homes
Project, a 134 unit homeownership project that will
provide homeownership opportunities to low and
very low income families and individuals, to be
developed on the property in accordance with the
Project's Plans and Specifications and the Scope of
Service (attached hereto and incorporated herein as
Exhibit "A" ).
1.10 Property- The real property located at Northwest 67th and
69th Streets between Northwest 7th and IOth
Avenue, Miami, Florida, legally described in Exhibit
"B", attached hereto and incorporated herein.
l . l 1 HOME Funds Documents: This Agreement, the Covenant, and all other
documents which may now or hereafter evidence or
secure the HOME Funds together with all
amendments, extensions and renewals thereto.
1.12 Legal Requirements: The HOME Requirements and all federal laws and
regulations pertaining thereto which are described or
referenced in 24 CFR Part 92; Section 420.5089
Florida Statutes, the Rule of the Florida Housing
Finance Agency, and all local, state and federal
requirements relating thereto and/or pertaining to
the acquisition, construction, or sale of the Property
under the HOME Program.
1 13 Term: A period of time commencing on the date hereof and
ending ten (10) years following the date the Project
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is first occupied after completion of the
construction.
1 14 The Covenant. A Covenant to be recorded in the Public Records of
Dade County, Florida to ensure that the Project will
qualify and remain Affordable during the
Affordability period.
s ARTICLE [I
HOME FUNDS
Upon satisfaction of all conditions set forth herein, NET shall disburse the HONIE Funds
to Project Sponsor for the purposes herein set forth.
2 1 Use of Funds, The HOME Funds are hereby allocated for land acquisition and the
construction of the Project in accordance with the Budget, attached hereto and incorporated
herein as Exhibit "C".
2.2 Disbursement. The HOME Funds shall be disbursed in the manner set forth in that
certain Disbursement Agreement for HONE Funds dated _, attached hereto and
Incorporated herein as Exhibit "D",
2.3 Repayment of Grant. The Project Sponsor shall have no obligation to repay the
Grant except in the following cases:
(a) the conditions for disbursement of the HOME Funds have not been
satisfied within the time set forth in Article III below, or
(b) the Project ceases to qualify as Affordable at any time during the
Affordability Period, as the result of the actions of the Sponsor, or
(c) the occurrence of an event of a default by Project Sponsor as defined in
Article V1I below.
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Upon the occurrence of any one of the foregoing events, the amount of the HOME
Funds actually disbursed shall be immediately due and payable.
ARTICLE Ili
DISBURSEMENT REQUIREMENTS
3.1 DISBURSEMENT STAGES
The HOME Funds are to be provided through a combination of the City of Miarni's
1995-1996 and 1996-1997 HOME Program funds. The total funding is to be provided in stages
as indicated below -
Stage I
Land Acquisition
Stage 2
Tenant Relocation
Stage 3
Demolition/Clearing
Stage 4
Site Preparation
Stage 5
Site Development
Stage 6
Construction of Model Center
Stage 7
Construction of Pre -Sold Units
3 2 DISBURSEMENT FOR LANs? ACQUISITION (Stage 1)
NET shall not be obligated to make the Initial Disbursement of the HOME Funds
hereunder unless and until NET has received the -following:
3.2.1 Title Insurance. A paid title insurance policy or commitment insuring the Property
issued by a title insurance company acceptable to the NET, together with copies of
all instruments which appear as exceptions therein. The title policy is to be issued
without exceptions, except for Permitted Exceptions and shall include such
affirmative coverage as the NET shall require.
3.2.2 Survey. An original current survey of the Property made by a registered surveyor
satisfactory to NET and the title company and containing such certifications as
NET and the title company may require.
3.2.3 Zonine. Evidence that the Property and the proposed improvements comply with
all applicable zoning ordinance
3.2.4 Corporate Documents.
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may.,
(a) The certificate of incorporation and a good standing certificate for
Project Sponsor, certified by the appropriate governmental authority.
(b) Bylaws, resolutions, and incumbency certificates for Project
Sponsor, certified by the Corporate Secretary, authorizing the consummation of
the transactions contemplated hereby, all satisfactory to NET.
(c) Evidence satisfactory to the NET that Project Sponsor is a CHDO
and that{it is qualified to receive funds under the HOME Program in accordance
with the HOME Requirements.
3.2,5 The Covenant. As defined in Article 1.14.
3.2.6 Closing Statement. A closing statement specifying the purchase price for the land
acquisition to be $700,000.00.
3.2.7 Appraisal. An appraisal from an MA.I appraiser acceptable to NET, certifying that
the fair market value of the land to be acquired is at least $700,000.00
33 PRE -CONSTRUCTION D(SBURSEMENT (Stages 2 and 3)
Stages 2 and 3 will be funded as needed to assist the Project Sponsor in obtaining site
control upon receipt of the following documents:
3 3,1 Relocation Plan. Within thirty (30) days from the date of land acquisition, Project
Sponsor must submit a Relocation Plan and Relocation Budget in compliance with
the Uniform Relocation Assistance Act of 1970, as amended, in a form and
substance acceptable to NET.
3.3.2 DemoliJiQn Schedule Lnd Permit Application - Evidence. Evidence that all the
necessary steps have been taken to get approval to demolish the existing buildings
and clear the site.
3.4 CONSTRUCTION DISBURSEMENT (Stages 4. 5, 6, and 7)
In addition to the requirements set forth in that certain Disbursement Agreement for Home
Funds. NET shall not be obligated to make any disbursements for construction of the Project
unless and until the City has received the following:
3.4.1 Project budget. A final budget detailing all of the Project's costs as approved by
NET.
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3.4.2 [ nsurance Policies.
(a) Comprehensive General Liability and umbrella liability coverage of an
amount not less than S300,000 00 per person per occurrence, protecting
the City, NET and Project Sponsor against liability incidental to the use of,
or resulting from an accident occurring on or about the Property, including
coverage for (i) explosion, collapse and underground hazards, completed
operations and independent contractors, and (ii) automobile liability for all
Awned vehicles as well as coverage for non -owned and hired automobiles.
(b) Workers' compensation insurance as required by the laws of the State of
Florida
(c) Employers' liability insurance protecting the Project Sponsor against
liability resulting from any accident or liability arising from or relating to
any construction on the Property.
(d) A Builder's risk policy, using a completed value form of an amount not less
than one hundred percent of the full insurable replacement cost of the
Project, insuring the Project from such perils and other hazards as the City
may reasonably require, including without limitation, fire, extended
coverage, vandalism and malicious mischief, and collapse.
(e) Federal flood insurance in such an amount as is satisfactory to City.
(f) All such insurance shall insure the City as an additional insured, with a
payable clause in favor of the City. Project Sponsor shall be required to
furnish evidence of any other insurance coverage the City may reasonably
require during the term of the Agreement. All such polices shall provide
the City with mandatory written notice of cancellation or material change
from the insurer not less than thirty (30) days prior to any such cancellation
or material change, and all such polices shall be written by insurance
companies satisfactory to the City.
3 4.3 Firm Financing Commitment. Evidence of financing from a lending institution
acceptable to NET in an amount sufficient to complete construction of the Project
and to ensure that the Project is affordable for low and very low income families
and individuals as defined by the HOME Program.
3.4.4 Building Permit, The authorization or permit from the appropriate local
governmental authority to construct the improvements and evidence that the
period of time within which such permit may be contested has expired.
3.4.5 Plans. Final Plans and specifications for construction of the improvements
satisfactory to NET.
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3 46 Construction Contract. Copy of the Construction Contract for construction of the
improvements in accordance with the Plans for a guaranteed maximum price At
NET's request, and upon the occurrence of an event of default, Project Sponsor
shall assign the Construction Contract to the City, as security for Project Sponsor's
obligations under the HOME Funds Documents.
3.4.7 List of Subcontractor Sponsors. List of all of the Project Sponsor's
subcontractors and copies of all contracts in excess of $1,000 for the performance
of servfices or the supply of material in connection with the improvements.
3.4,8 Payment and Performance Bond. A payment and performance bond for the
Construction Contract.
3.4.9 Compliance with HOME Requirements. All documents required by the HOME
Program prior to receipt of the funds.
3.4.10 Alt other documents reasonably required by NET.
ARTICLE IV
HOME PROGRAM REOULREMENTS
The Project Sponsor shall comply with the following HOME Requirements, as applicable•
4.1. GENERAL
4.1.1 The Project Sponsor shall maintain current documentation that its activities
qualify under the HOME Program Requirements.
4.1.2 The Project Sponsor shall ensure and maintain documentation that
conclusively demonstrates that each activity assisted in whole or in pan
with HOME funds is an activity which provides benefit to very -low- and
low-income persons.
4.1.3 The Project Sponsor shall comply with all applicable provisions of 24 CFR
Part 92 and shall cant' out each activity in compliance with all applicable
federal laws and regulations described therein,
4.1.4 The Project Sponsor shall agree in writing to comply with any and all
requirements as may be set forth in the Site Environmentat Clearance
Statement, attached hereto and incorporated herein as Exhibit "E",
4.1. S The Project Sponsor shall cooperate with NET in informing the
appropriate citizen participation structures, including the appropriate area
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committees, of the activities of the Project Sponsor in adhering to the
provisions of this Agreement. Representatives of the Project Sponsor shall
attend meetings of the appropriate committees and citizen participation
structures upon the request of the citizen participation officers, NET or the
City.
4.1 G The Project Sponsor shall, to the greatest extent possible, give low- and
very low-income residents of the service areas opportunities for training
end employment.
4.2. REAL PROPERTY
4.2 1 Any real property under the Project Sponsor's control that was acquired or
improved in whole or in part with HOME Funds received from NET shall
be either:
(a) Used to complete one of the seven (7) HONC eligible activities or
three (3) selective activities required by and defined in 24 CFR Part
92.205 for five (5) years following the expiration or termination of
this Agreement, or for such longer period of time as determined by
NET based on the eligible activity which period is twenty (20) years
following the completion of the eligible activity.
(b) Disposed of in a manner that results in NET being reimbursed for
the amount of the current fair market value of the Property as may
be determined by NET in its sole and absolute discretion, less any
proportionate portion of the value attributable to expenditures of
non -HOME funds for acquisition of, or improvement to, the
Property.
(c) All real property purchased in whole or in part with funds for this
and previous Agreements with NET, or transferred to the Project
Sponsor after being purchased in whole or in part with funds from
NET, shall be listed in the property records of the Project Sponsor
and shall include: a legal description; size; address or location;
owner's name if different from the Project Sponsor; information on
the transfer or disposition of the property; and a map indicating
whether property is in parcels, lots, or blocks and showing adjacent
streets and roads. The property records shall describe the
programmatic purpose for which the property was acquired and
identify the HOME Activity that will be completed. If the property
was improved, the records shall describe the programmatic purpose
for which the improvements were made and identify the HOME
Activity that will be completed.
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(d) All real property shall be inventoried annually by the Project
Sponsor and an inventory report submitted to NET when and as
requested by NET. This report shall include the elements listed in
Paragraph 4.2.1(c), above.
4.3. PERSONAL PROPERTY
4.3.1 Definitions.
4
(a) Personal Property. Personal Property of any kind except real property:
1) Tangible. All personal property having physical existence.
2) Intangible. All personal property having no physical existence such
as patents, inventions, and copyrights.
(b) Non -expendable Personal Prop�rty. Tangible personal property of a non-
consumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral
part of a structure, facility, or another piece of equipment.
(c) Expendable Pgrsonal Property. All tangible personal property other than
non -expendable property.
4.3.2 ReauirT ements. The Project Sponsor shall comply with the non -expendable
personal property requirements as stated below:
(a) All non -expendable personal property purchased in whole or in part with
funds from this and previous contracts with NET shall be listed in the
property records of the Project Sponsor and shall include: a description of
the property; location; model number; manufacturer's serial number; date of
acquisition; funding source; unit cost; property inventory number;
information on its condition; and information on transfer, replacement, or
disposition of the property.
(b) All non -expendable personal property purchased in whole or in part with
funds from this and previous contracts with NET shall be inventoried
annually by the Project Sponsor and an inventory report submitted to NET
when and as requested by NET. The inventory report shall include the
elements listed in Paragraph 4.3.2(a), above.
(c) Title (ownership) to all, non -expendable personal property purchased in
whole or in part with -funds given to the Project Sponsor pursuant to the
terms of this Agreement shall vest in the City and NET.
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4.4.
4.5.
DISPOSITION
To obtain the prior written approval of NET for the disposition of real property,
expendable personal property, and non -expendable personal property purchased in whole
or in part with funds given to the Project Sponsor or its subcontractor's pursuant to the
terms of this contract, the Project Sponsor shall dispose of all such property in accordance
with instructions from NET. Those instructions may require the return of all such
property to NET.
G
SUBCONTRACTS AND ASSIGNMENTS
4.5.1 The Project Sponsor shall ensure that all subcontracts and assignments:
(a) Identify the full, correct, and legal name of the party,
(b) Describe the activities to be performed;
(c) Present a complete and accurate breakdown of its price component;
(d) Incorporate a provision requiring compliance with all applicable regulatory
and other requirements of this Agreement, including but not limited to the
City's Minority Procurement Ordinance, and with any conditions of
approval that the City or NET deem necessary. This applies only to
subcontracts and assignments in which parties are engaged to carry out any
eligible substantive programmatic service, as may be defined by NET, set
forth in this Agreement. NET shall in its sole discretion determine when
services are eligible substantive programmatic services and subject to the
audit and record -keeping requirements described above, and,
(e) Incorporate the language of Exhibit "F", "Certificate Regarding Lobbying",
attached hereto and incorporated herein.
4 5.2 The Project Sponsor shall incorporate in all consultant subcontracts this additional
provision:
The Project Sponsor is not responsible for any insurance or other fringe benefits,
e.g., social security, income tax withholding, retirement or leave benefits, for the
Consultant or employees of the Consultant normally available to direct employees
of the Project Sponsor. The Consultant assumes full responsibility for the
provision of all insurance and fringe benefits for himself or herself and employees
retained by the Consultant in carrying out the Scope of Services provided in this
subcontract.
4.1
4.5.3 The Project Sponsor shall be responsible for monitoring the contractual
performance of all subcontracts.
4 5.4 The Project Sponsor shall submit to NET for its review and confirmation any
subcontract engaging any party who agrees to carry out any substantive
programmatic activities as may be determined by NET as described in this
Agreement to ensure its compliance with the herein requirements. NET's review
and confirmation shall be obtained prior to the release of any funds for the Project
Sponsor's subcontractor(s).
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4.5.5 The Project Sponsor shall receive written approval from NET prior to either
assigning or transferring any obligations or responsibility set forth in this
Agreement or the right to receive benefits or payments resulting from this
Agreement.
4.5.6 Approval by NET of any subcontract or assignment shall not under any
circumstances be deemed to provide for the incurrence of any obligation by NET
in excess of the total dollar amount agreed upon in this Agreement.
4 5 7 The Project Sponsor and its subcontractors shall comply with the Davis -Bacon
Act, Copeland Anti -Kick Back Act, Contract Work Hours and Safety -Standards
Act, and Lead -Based Paint Poisoning Prevention Act and other related acts, as
applicable.
4.5.8 The Project Sponsor shall submit to NET for written prior approval all proposed
Solicitation Notices, Invitations for Bids, and Requests for Proposals.
4,6 REPORUNG OBLIGATIONS
4.6. I The Project Sponsor shall submit, as required, the following:
4.6.1.1 Progress Reports. All Objectives - The Project Sponsor shall
submit status reports using the forms attached hereto and
incorporated herein as Exhibit "G", ("Progress Report") as it may
be requested by NET, to describe the progress made by the Project
Sponsor in achieving each of the objectives identified in Exhibit
"A". The Project Sponsor shall also submit an eamed income
report using the form attached hereto as Exhibit "H", ("Earned
Income") as it may be revised by NET. Both the "Progress Report"
and the "Earned Income Report" shall be received by NET in
triplicate by December 31, 1996.
4.6.1.2 Annual Report. The Project Sponsor shall submit a cumulative
status report ("Annual Report") using the "Progress Report" form
which shall describe the progress made by the Project Sponsor in
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achieving each of the objectives identified in Exhibit "A" during the
previous year. The Project Sponsor shall also submit an earned
income report using the "Earned Income Report". The "Annual
Report" must report on the fiscal year 1995 through 2006 and shall
be received by NET by the end of each fiscal year.
4.6.) 3 Environmental Report. The Project Sponsor shall submit
information detailing the location of each site fur which a Site
Environmental Clearance Statement has been issued. The
` environmental report is to be prepared on the forms attached hereto
and incorporated herein as Exhibit "E", "Information for
Environmental Review" as it may be revised by NET.
4,6.1.4 Minority Business Enterprise Report. The Project Sponsor shalt
report on all subcontract activities as indicated in using the form
attached hereto and incorporated herein as Exhibit "J", "Minority
Business Enterprise Report" as it may be revised from time to time.
The "Minority Business Enterprise Report" shall be received
semiannually by NET no later than June 1st and December Ist of
each fiscal year.
4 6.1.5 Audit Report. The Project Sponsor shall submit to NET audit
reports as required herein below.
4.6.1.E Personnel Policies and Administrative Procedure Manuals. The
Project Sponsor shall submit detailed documents describing the
Project Sponso?s internal corporate or organizational structure,
property management and procurement policies and procedures,
personnel management, accounting policies and procedures, etc.
Such information shall be submitted to NET within 30 days of the
execution of this Agreement.
4.6.1 7 Inventory Report. The Project Sponsor shall report all non -
expendable personal and real property as specified in Paragraph
4.3.2(b). Such report shall be submitted as requested by NET
4.6.1.8 Affirmative Action Plan. The Project Sponsor shall report to NET
information relative to the equality of employment opportunities
whenever so requested by NET.
4 6.1.9 Assurance of Compliance with Section 504_of the Rehabilitation
Act, The Project Sponsor shall report its compliance with section
504 of the Rehabilitation Act whenever so requested by NET
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4.6.1.10 Tenant Income Level Rgport. The Project Sponsor shall report to
NET income of all person(s) residing in HOME assisted units.
Such report shall be submitted as requested by NET.
4.6. I.1 l Affirmative MarketingPlan. The Project Sponsor shall report to
NET all actions taken to attract eligible persons from all racial.
ethnic, and gender groups. Such report shall be , submitted as
requested by NET.
4.6.2 Federa)tState, and County Laws and Regulations.
4.6.2.1 The Project Sponsor shall comply with applicable provisions of
applicable federal, state, and City laws, regulation, and rules such as
OMB A-122, OMB A-110, OMB A-21 and OMB A-13 3, which
are incorporated herein by reference, receipt of which is hereby
acknowledged, and as they may be revised.
4.6.2.2 The Project Sponsor shall comply with all federal laws and
regulations described in Subpart H of 24 CFR Part 92, which
include but are not limited to: 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 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. L. 94-163) which requires
mandatory standards and policies relating to energy efficiency.
4.6.2.3 If the amount payable to the Project Sponsor pursuant to the terms
of this Agreement is in excess of $100,000.00, the Project Sponsor
shall comply with all applicable standards, orders, or regulations
issued pursuant to Section 306 of the Clean Air Act of 1970 (42
U.S.C. 1857 h), 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.
4.6.3 Board of Directors.
Inasmuch as If the Project Sponsor is a community housing development
organization, NET has the option to appoint a NET representative to the Project
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Sponsor's board of directors. This representative shall not be considered in the
counting of a quorum and shall have no voting privileges.
4 6.4 Agdits and Records.
4.6.4.1 Nonprofit organizations that receive $100,000,00 or more annually
in federal awards shall have an audit conducted in accordance with
OMB A-133. However, nonprofit organizations receiving federal
awards of $100,000,00 or more for only one program may have an
audit of the organization prepared in accordance with OMB A-133
or have an audit conducted only of the one program. Project
Sponsors who will be receiving or who have received federal
awards for loans or loan guarantee programs may be required to
conduct audits for those programs in accordance with regulations
of the federal agencies providing those guarantees or loans.
4.6.4.2 When the requirements of OMB A-133 apply or when the Project
Sponsor elects to comply with OMB A-133, an audit shall be
conducted for each fiscal year for which federal awards attributable
to this Agreement have been received by the Project Sponsor. Each
audit shall include a fiscal review, an internal control review, and a
compliance review as described in OMB A-133. A copy of the
audit report in duplicate must be received by NET no later than six
months following the end of the Project Sponsor's fiscal year.
4.6.4.3 The Project Sponsor shall maintain all Contract Records in
accordance with generally accepted accounting principles,
procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or
indirectly by the City pursuant to the terms of this Agreement.
4.6.4.4 The Project Sponsor shall ensure that the Contract Records shall be
at all times subject to and available for full access and review,
inspection, or audit by City and federal personnel and any other
personnel duly authorized by the City.
4.6.4.5 The Project Sponsor shall include in all NET approved subcontracts
used to engage subcontractor Sponsors to carry out any eligible
substantive programmatic services, as such services are described in
this Agreement and defined by NET, each of the record keeping
and audit requirements detailed in this Agreement. NET shall in its
sole discretion determine when services are eligible substantive
programmatic services and subject to the audit and record -keeping
requirements described above.
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ARTICLE V
REPRESENTATIONS AND WARRANTIES QF PROJECT SPONSOR
Project Sponsor represents and warrants to the City as follows:
5.1 Organization and Existence. Project Sponsor is a corporation duly organized,
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validly existing and in good standing under the laws of the State of Florida, and has full power
and authority to conduct its business as presently conducted, to receive HOME Funds, and to
own, operate and develop the Project and participate therein. Project Sponsor qualifies as a
CHDO and it complies and at all times during the Term shall comply with all applicable HOiAE
Requirements, Project Sponsor has full power and authority to perform the provisions hereof and
of its agreements and undertakings with the City and/or NET and to perform the transactions
contemplated hereby, and such execution and performance have been duly authorized by all
necessary corporate or other approvals and actions.
5.2 Correctness of Documents. The CHDO Compliance Certificate, the cost
estimates, the budgets, schedules, and all other documents furnished to City in accordance with
the HOME Program, this Agreement, or the other HOME Funds Documents, are true and correct
in all material respects and accurately set forth the facts contained therein and neither misstate any
material fact nor, separately or in the aggregate, fail to state any material fact necessary to make
the statements made therein not misleading.
5.3 Absence of Proceedings. Actions and Judgments, There are no conditions,
circumstances, events, agreements, documents, instruments, restrictions, actions, suits or
proceedings pending or threatened against or affecting Project Sponsor or the Property which
could adversely affect Project Sponsoes ability to comply with the HOME Program, complete or
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operate the Project or to perform its obligations hereunder or which would constitute an Event of
Default hereunder or under the other HOME Funds Documents regardless of the giving of notice
or the passage of time or both. There are no outstanding or unpaid judgments or arbitration
awards against Project Sponsor
5.4 Non-De0iult. Project Sponsor is not in default or violation with respect to any
Legal Requirement, nor is it in default under or in material breach of any instrument or agreement
to which it is a party or by which it otherwise may be bound. The execution and delivery of this
Agreement, the other HOME Funds Documents, the consummation of the other transactions
contemplated hereby, and the ownership, development and sale of the Project as contemplated
hereby and by the other HOME Funds Documents (i) do not and will not conflict with or result in
violation of any Legal Requirement or in the breach or default under any indenture, contract,
agreement or other instrument to which the Project Sponsor is a party or by which it may be
bound, and (ii) have been duly authorized by all necessary actions and approvals, whether
corporate or otherwise,
5,5 Valid Obligations. This Agreement. and all other HOME Funds Documents, when
executed and delivered, shall constitute the duly authorized, legal, valid and binding obligation of
Project Sponsor and will be enforceable in accordance with their respective terms.
5.6 Marketable Title in Project Sponsor. Project Sponsor has and at all times shall
have, good and marketable title to the entire Project subject only to Permitted Exceptions or as
otherwise permitted by the City.
5.7 Compliance of Project. The completion and use of the Project in accordance with
the Plans complies and will comply fully with all Legal Requirements, and with all limitations on
the use of the Project, or any other condition, grant, easement, covenant, or restriction, whether
-17-
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recorded or not. AJI necessary approvals, permits and licenses for the construction, operation,
and use of the Project have been unconditionally obtained and are in full force and effect, or if the
present state of construction of the Project does not allow such issuance, then such approvals,
permits and licenses will be issued when the Project is completed.
5.8 Engroackments. When completed in accordance with the Plans, the Project will
not encroach upon any building line, setback line, sideyard line or other recorded or visible
easements or other easements of which the Project Sponsor is aware which exists (or which
Project Sponsor has reason to believe may exist) with respect to the Project.
5.9 Plans, The Plans are, in the aggregate, complete in all respects, containing all
detail requisites for the Project which, when built and equipped in accordance therewith, shall be
ready for the intended use and occupancy thereof.
5.10 Leases. There are no leases, tenancies, licenses or agreements for use of any part
of the Property other than as specifically disclosed to and approved by NET.
5.11 Pending Assessments. Project Sponsor has no knowledge of any pending or
proposed governmental action which would impair the operation or value of the Project or result
in a special assessment against the Project.
Project.
5.12 Waste. The Project Sponsor shall not commit or suffer waste or negligence on the
5 13 Fraud. No fraud by Project Sponsor has occurred in the qualification of Project
Sponsor and/or the Property under the HOME Program, the negotiation of this Agreement and
the other HOME Funds Documents, nor in the transactions contemplated hereby.
5.14 No Casualty. No part of the. Project has been damaged or has been subjected to
condemnation or other proceedings, and no such proceedings have been threatened.
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5.15 No Changes. There have been no material adverse changes in projected costs and
expenses of or from the Project or in the occupancy of the Property or any other features of the
transactions contemplated hereby as submitted to NET.
5.16 Complianceswith Laws aad_&g Ila i_Qn . Project Sponsor will comply at all times
with all Legal Requirements and the HONE Requirements affecting the ownership, use,
rehabilitation, sale, lease and operation of the Project.
5.17 Reaffi„tmation. Each of the representations and warranties set forth in this Article
shall be true at all times and the acceptance of the HOME Funds hereunder by Project Sponsor
shall be deemed to be a reaffirmation of each of the representations and warranties.
ARTICLE VI
PBQJLCT SPONSOR'S OBLIGATIONS
6.1 Scope of Services, Project Sponsor shall perform the Scope of Services as set
forth herein. The Scope of Services shall be completed within thirty-six (36) months fulluwhig
execution of this Agreement (the "Completion Date")
6.2 Reporting Obligations. The Project Sponsor shall subnut to NET all reports as
herein described, in such form, manner, or frequency as NET may reasonably require, to monitor
the progress of the construction and performance and compliance with this Agreement and all
Legal Requirements.
6.3 Retention of Records. The Project Sponsor shall retain all Contract Records for
three (3) years after expiration of the Affordability Period (hereinafter referred to as "Retention
Period") subject to the limitations set forth below:
(a) If NET or the Project Sponsor has received or given notice of any kind
indicating any threatened or pending litigation, claim or audit arising out of this Agreement, the
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Retention Period shall be extended until such time as the threatened or pending litigation, claim or
audit is, in the sole and absolute discretion of NET, fully, completely and finally resolved
(b) The Project Sponsor shall allow NET or any person authorized by NET or
the City full access to and the right to examine any of the Contract Records during the required
Retention Period.
(c) The Project Sponsor shall notify NET in writing, both during the pendency
of this Agreement and after its expiration, as part of the final closeout procedure, of the address
where all Contract Records will be retained.
(d) The Project Sponsor shall obtain the prior written approval of NET for the
disposal of any Contract Records before disposing of such records within one year after the
expiration of the Retention Period,
6.4 Provision of Records. The Project Sponsor shall provide to NET, upon request by
NET, all Contract Records. The requested Contract Records shall become the property of NET
without restriction, reservation, or limitation of their use and shall be made available by the
Project Sponsor at any time upon request by NET. NET shall have unlimited rights to all books,
articles, or other copyrightable materials developed in the performance of this Agreement. These
unlimited rights include the rights of royalty -free, non-exclusive, and irrevocable license to
reproduce, publish, or otherwise use, and to authorize others to use, the Contract Records for
public purposes.
If the Project Sponsor 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 Project Sponsor shall provide a copy of each report and any follow-up
-20-
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communications and reports to NET immediately upon such issuance unless such disclosure is a
violation of those agencies' rules.
6.5 Prior Approval, The Project Sponsor shall obtain prior written approval from
NET prior to undertaking any of the following with respect to the Property:
(a) The execution of all assignments.
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(b) The addition of any positions not specifically listed in the approved Budget.
(c) The modification or addition of any job descriptions.
(d) The purchase of all non -expendable personal property as defined in
Paragraph 4.3.1(b) not specifically listed in the approved Budget.
(e) The disposition of all real, expendable personal, and expendable personal
property as defined in Paragraph 4.3.1( t ).
income budget.
Proposals.
(i) All out-of-town travel not specifically listed in the approved budget,
(g) The use of program income not specifically listed in the approved program
(h) All proposed Solicitation Notices, invitations for Bids, and Requests for
(i) The disposal of all Contract Records.
6.6 Monitorinst. The Project Sponsor shall permit NET and other persons duly
authorized by NET or the City to inspect all Contract Records, facilities, goods, and activities of
the Project Sponsor which are in any way connected to the activities undertaken pursuant to the
terms of this Agreement, and/or to interview any clients, employees, subcontractor's, or assignees
of the Project Sponsor. Following such inspection or interviews NET will deliver to the Project
Sponsor a report of its findings, and the Project Sponsor will rectify all deficiencies cited by NET
-21-
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within the specified period of time set forth in the report or provide NET with a reasonable
justification for not correcting the deficiencies. NET will determine. in it sole and absolute
discretion, whether or not the Project Sponsors justification is acceptable or if the Project
Sponsor must, despite the justification, rectify the deficiencies cited by NET in its report.
6.7 Conflict of Interest. The Project Sponsor shall disclose any possible conflicts of
interest or apparent improprieties of any party under the following standards:
(a) Procurement. The Project Sponsor shall comply with the standards
contained within OMB A-1 10.
(b) All Other Cases. The 'Project Sponsor shall comply with the standards
contained within 24 CFR Part 92.356(2).
The Project Sponsor shall make such disclosure in writing to NET immediately
upon the Project Sponsor's discovery of such possible conflict. NET will then render an opinion
which shall be binding on all parties.
6.8 Related Parties. The Project Sponsor shall report to NET the name, purpose, and
any other relevant information in connection with any related -party transaction. This includes, but
is not limited to, a for -profit or nonprofit subsidiary or affiliate organization, an organization with
overlapping boards of directors, and an organization for which the Project Sponsor is responsible
for appointing memberships. The Project Sponsor shall report this information to NET upon
forming the relationship or if already formed, shall report it immediately. Any supplemental
information shall be reported in the NET required Progress Report, as described in Exhibit "G".
6.9 Publicity and Advertisements. The Project Sponsor shall ensure that all publicity
and advertiset;ltel)ts prepared and releascd by the Project Sponsor, such as pamphlets and news
releases, related to activities hinded by this Agreement, and all events carried out to publicize the
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accomplishments of any activity funded by this Agreement recognize the City NET as one of its
funding sources.
The Project Sponsor shall make a positive effort to procure supplies. equipment,
construction, or services to fulfill this contract from minority and women's businesses, and to
provide these sources t he maximum feasible opportunity to compute for subcontracts to be
performed pursuant to this Agreement. To the maximum extent feasible, these businesses shalt be
located in or owned by residents of the community development areas designated by NET in the
CDBG application approved by the supervising federal agency.
6.10 Additional Funding. The Project Sponsor shall notify NET of any additional
funding received for any activity described in this Agreement. Such notification shall be in writing
and received by NET within thirty (30) days of the Project Sponsor's notification by the funding
source.
6.11 Reversion of Assets. The Project Sponsor shall return to NET, upon the
expiration or termination of this Agreement, any funds on hand, any accounts receivable
attributable to the HOME Funds, and any overpayments due to unearned funds or costs
disallowed pursuant to the terms of this Agreement that were disbursed to the Project Sponsor by
NET. Any funds not earned, as described and provided for in OMB A-122, by the Project
Sponsor prior to the expiration or termination of this Agreement shall be retained by NET.
6.12 Repayment of Funds Procedures. If for any reason the Project fails to comply
with the Affordability requirements of 24 CFR Part 92.252 or 24 CFR Part 92.254, as applicable,
the Project Sponsor shall repay to NET all funds received by the Project Sponsor pursuant to this
Agreement.
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6 13 Affirmative Marketing, Project Sponsor shall adopt affirmative marketing
procedures and requirements, in writing, not later than (30) thirty days from the date on which
this Agreement is executed. The affirmative marketing procedures and requirements shall include,
but need not be limited to those specified in 24 CFR 92.351(b). The Affirmative Marketing
Procedures and requirements program shall become an exhibit to this Agreement and shall be
attached hereto as Exhibit K" and by this reference become a part hereof as though fully set forth
herein at the time of execution.
Default
ARTICLE VII
DEFAULT
The happening of any one or more of the following events shall constitute an Event of
(a) Failure of the Project to remain Affordable during Affordability Period.
(b) Violation, untruth, or substantial inaccuracy or incompleteness of any term,
condition or representation contained in this Agreement, the Covenant or any of the HOME
Funds Documents, or the existence of a material misrepresentation of fact or fraud contained in
any documents submitted in support of this Agreement.
(c) The substantial discontinuance of the construction of the Project for a
period of fourteen (14) days which discontinuance is, in the sole determination of NET, without
satisfactory cause.
(d) The sale (other than to homebuyers); assignment, pledge, transfer,
hypothecation or other disposition of any proprietary or beneficial interest in Project Sponsor, the
Property or any change in the operating control of Project Sponsor.
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-24-
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(e) The improvements not being erected in a good and workmanlike manner in
accordance with the Plans, or Project Sponsor failing to comply promptly with any requirements
or notice of violation of law issued by or tiled in any department of any governmental authority
having jurisdiction against Project Sponsor or the Property.
(f) Ftsilure by the Project Sponsor to materially comply with any term or
provision of this Agreemcnt
(g) Zoning Ch ram. Any change in the zoning classification of the Property,
initiated by the Project Sponsor which in NET's sole discretion would materially interfere with the
completion of construction of the Project ultimate operation of the Project as contemplated
herein.
ARTICLE VIII
REMEDIES
Upon the occurrence of any Event of Default, NET shall have the absolute right to refuse
to disburse any undisbursed portion of the funds hereunder. If an Event of Default shall continue
uncured for a period of 15 consecutive days following written notice thereof to Project Sponsor
(except for the events described in Article VII (a) and (b) above for which the aforementioned
cure period shall not apply) the City shall have the absolute right, at its option and election and in
it sole discretion to:
(a) - ific Performance. Institute appropriate proceedings to specifically
enforce performance of the terms and conditions of this Agreement,
(b) Recapture of HOME Funds. Project Sponsor shall reimburse the City for
the HOME assistance that enabled the first-time homebuyer to buy the dwelling unit, whether a
direct subsidy to the homebuyer or a construction or development subsidy, that reduced the
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purchase price from fair market value to an affordable price, provided that recapture shall not be
required in the event Project fails to remain affordable during the affordability period as a result of
actions taken by one other than the Project Sponsor.
(c) Qther Remedies. Exercise any other right, privilege or remedy available to
the City as may be provided by applicable taw, or in any of the other HOME Funds Documents.
It is understood and agreed that the occurrence of an event of default under
Article VII (a) or (b) shall automatically entitle the City to exercise any of the above described
remedies without the need to give Project Sponsor notice thereof nor the opportunity to cure.
The remedies and rights of the City hereunder shall be cumulative and not
mutually exclusive and the City may resort to any one or more, or all of said remedies, neither to
the limited exclusion of the other. No other party, whether Project Sponsor, materialman,
laborer, subcontractor or supplier, shall have any interest in HOME Funds withheld because of a
default and shall not have any right to garnish, require or compel payment thereof to be applied
toward discharge or satisfaction of any claim or lien which they have for work performed or
materials supplied for development and construction work. • .
ARTICLE IX
INDEMNIFICATION
The Project Sponsor shall indemnify and hold harmless the City and NET and their past,
present, and future employees and agents from any and all claims, liabilities, losses, and causes of
action which may arise out of the actions, negligence, or omission, in whole or in part, of the
Project Sponsor, its officers, agents, employees, or assignees in the fulfillment of this Agreement.
The Project Sponsor shall pay all claims and losses of any nature in connection therewith, and
shall defend all suits, in the name of the City and NET when applicable, and shall pay all costs and
judgments which may issue thereon.
ARTICLE X
TERIV[INATION
Pursuant to 24 CFR 92.504(c)(13), Project Sponsor acknowledges that this Agreement
may be terminated if Project Sponsor materially fails to comply with the terms contained herein or
for convenience in accordance with the provisions of 24 CFR 85.44.
ARTICLE XI
SUSPENSION
11.1 NET may, for reasonable causes, temporarily suspend the Project Sponsor's
operations and authority to obligate funds under this Agreement or withhold payments to the
Project Sponsor pending necessary corrective action by the Project Sponsor or both. Reasonable
cause shall be determined by NET in its sole and absolute discretion and may include:
(a) Ineffective or improper use of the HOME Funds by the Project Sponsor;
(b) Failure by the Project Sponsor to materially comply with any term or
provision of this Agreement;
(c) Failure by the Project Sponsor to submit any documents required by this
Agreement, or
(d) The Project Sponsor's submittal of incorrect or incomplete documents.
11 2 NET may at any time suspend the Project Sponsor's authority to obligate funds,
withhold payments or both. These actions may apply to only part or all of the activities funded by
this Agreement.
-27- , .
NC\ M :CITY 01' NIIANII 1 7-1)7 1 : 571N :) 51 711') 07 1.)- i' AM. It. Ill-:h\A.\1)1-'Z.:11210
11.3 NET will notify the Project Sponsor of the type of action taken in writing by
certified mail, return receipt requested, or in person with proof of delivery. The notification will
include the reason(s) for such action, the conditions of the action, and the necessary corrective
action(s).
t
ARTICLE XU
MISCELLANEOUS
12.1 Enforcement Methods. As a means of enforcing compliance with 24 CFR Part
92.252 or 92.254 as applicable, NET may utilize deed restrictions, property liens, or any other
enforcement measures deemed necessary by NET to enforce the provisions of this Agreement.
12.2 Renegotiation or Modificgion. Modifications of provisions to this Agreement
shall be valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this Agreement if NET determines in its sole and absolute
discretion that federal, state, and/or NET revisions of any applicable laws or regulations, or
increases or decreases in budget allocations make changes in this Agreement necessary. NET
shall be the final authority in determining whether -or not funds for this Agreement are available
due to federal. state and/or NET revisions of any applicable laws or regulations, or increases or
decreases in budget allocations.
12.3 Right to Waive. NET may, for good and sufficient cause, as determined by NET
in its sole and absolute discretion, waive provisions in this Agreement or seek to obtain such
waiver from the appropriate authority. Waiver requests from the Project Sponsor shall be in
writing. A waiver shall not be construed to be a modification of this Agreement.
12.4 Budget_and HOME Eligibility Activity. Title Revisions. Revisions to the Budget
shall be reduced to writing, and approved in writing by NET, however, such revisions shall not
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require an Agreement amendment unless the amount of this Agreement is changed or unless
otherwise required by NET.
Revisions to the HOME eligibility activity titles under which this Agreement's
objectives are classified shall not require an Agreement amendment.
12.5 Disputes. in the event an unresolved dispute exists between the Project Sponsor
I.-
and NET, NET shall refer the questions, including the views of all interested parties and the
recommendation of NET, to the City Manager or his designee, ("City Manager") for
determination. The City Manager, will issue a determination within thirty (30) calendar days of
receipt and so advise NET and the Project Sponsor or in the event additional time is necessary,
NET will notify the Project Sponsor within the thirty (30) day period that additional time is
necessary. The Project Sponsor agrees that the City Manager's determination shall be final and
binding on all parties, subject only to judicial review.
12.6 Headings. The article and paragraph headings in this Agreement are inserted for
convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
12.7 Proceedings. The Agreement shall be construed in accordance with the laws of the
state of Florida and any proceedings arising between the parties in any manner pertaining or
relating to this Agreement shall, to the extent permitted by law, be held in Dade County, Florida.
12.8 Notices and Contact. All notices under this Agreement shall be in writing, by
certified or registered return receipt requested mail addressed as follows:
e
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RCS 13Y : C I TY ()1-' M I ANI 1 •t - 7-97 4 : 5011M fJ -4 74 4) G7 5a-. CO\111, IL 11FR\A.\1 Z : 11:31
TO NET: CITY OF MIAMI DEPARTMENT OF NET
300 Biscayne Boulevard Way, Suite 400
Miami, Florida 33131
ATTN: Elbert Waters
WITH COPY TO: CITY ATTORNEY'S OFFICE
300 Biscayne Boulevard Way, Suite 300
Miami, Florida 33131
ATTN: Linda Kelly Kearson
TO PROJECT SPONSOR: THE URBAN LEAGUE OF GREATER MIANE, INC.
9500 Northwest 25th Avenue
Miami, Florida 33147
ATTN: Talmadge Willard Fair
President/Chief Executive Officer
WITH COPY TO: Law Offices of HOLLAND AND KNIGHT
701 Brickell Avenue, Suite 3000
Miami, Florida 33131
ATTN: Lynn Washington, Esquire
Notice shall be deemed given upon hand delivery or five (5) business days after depositing same
with the U.S. Postal Service, The address or designated representative of the parties may be
changed by notice given in accordance with this section.
12.9 Conflicts with Applicable Laws. If any provision of this Agreement conflicts with
any applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if modification is
impossible. However, the obligations under this Agreement, as modified, shall continue and all
other provisions of this Agreement shall remain in full force and of cct.
12.10 Entire Agreement, This Agreement together with its Exhibits described as follows,
contain all the terms and conditions of the Agreement between the parties.
Exhibit A Scope of Services/Project Schedule
Exhibit B Legal Description
Exhibit C Budget
Exhibit D Disbursement Agreement for HOME Funds
—30- o
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Exhibit E Site Environmental Clearance Statement
Exhibit F Certificate Regarding Lobbying
Exhibit G Progress Reports
Exhibit H Earned Income Report
Exhibit I Minority Business Enterprise Report
Exhibit J Affirmative Marketing Procedures
Exhibit K Analysis of Knight Manor Homes Presented to
Housing Loan Committee (Revised 2/12196)
12 11 Waiver 6f Jury Trial. Neither the Project Sponsor, its subcontractors) nor any
other person liable for the responsibilities, obligations, services and representations herein, nor any
assignee, successor, heir or personal representative of the Project Sponsor, subcontractor's or any
such other person or entity shall seek a jury trial in any lawsuit, proceeding, counterclaim or any
other litigation procedure based upon or arising out of this Agreement, or the dealings or the
relationship between or among such persons or entities, or any of them. Neither Project Sponsor,
subcontractor's nor any such person or entity will seek to consolidate any such action in which a
jury trial has been waived. The provisions of this paragraph have been fully discussed by the
parties hereto, and the provisions hereof shall be subject to no exceptions. No party has in any
way agreed with or represented to any other party that the provisions of this paragraph will not be
fully enforced in all instances.
rN WITNESS THEREOF, the parties hereto have caused this page Agreement to be
executed by their undersigned officials as duly authorized, this 1 S day of
1996.
,qT T.
WALTER J. FOENIAN
City Clerk
-31-
CITY OF M1AA$fh, municipal Corporation
of the State rida
By — —
CESAR H. 01310
City Manager
kC% lil : C I TY OF 111 ANI I 1 - 7-117 : 5 : UO1111
(;75O COMM. 11. Ill:k\,1.`l)lil : NJti u -rr ur � yr u. uvi ni uu... a_uv � ..yv vur v✓
ATTEST:
Corpora a Secretary
APPROVED AS TO INSURANCE
REQUIRE S:
Risk Management Department
LKK/pb/WO88
Rev. 2/) 5/96
PROTECT SPONSOR.
The Urban League of Greater Miami, Inc., a
Florida not -for -profit corporation
Talmadge Vj/. mair
President/Chief Executive Officer
APPROVED AS TO FORM AND
CORRECTNESS.
By<0 -A -, z' :4z/
A, Q'INN JO S, lil
City Attorn
-32- +�� r
kC1 b)' : C 1 TN OF M I AM I 4- 7-1)7 : G: Uu1'y
W.I., V y, -, 1 i V. L r l"1 , 1. 1.. 1, Y .. - J 1 I-- V 1 ,l
U54 7111 E175S1- COMI. II.
P. 02
(73
J-95-1042
12/07/9S
RESOLUTION NO. 5 p 853
A RESOLUTION RBSCXNnING IN ITS Mtr1R2TY
RESOLUTION NO. 95-646, ADAPTED S13PTHMBUR 14,
19951 PZAAPIRMING' THE ACCEPTANCE O� THE
SNVIROM4E TAL STUDY PVMUANT TO MOTION NO.
95-699 ADOPTED SEPTBMSER 28, . 19951
AUMORIZING TUB CITY MAtMQER TO SXBCUTR ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPT"LS TO
THF>Z CITY ATTORNEY, RELATING TO ' THE
DmLOPM$Mr OF A 134-UNIT AFV(jRD"LB
HOMEOWIVBRSHXB HOUSING PRwscr, TO HE K9owN As
0 MIGHT MANOR KOM9S PROJECT", PLANNED • FOR
DEVELOPMENT BY THE JOINT VENTURE OF TIM VRSAN
LBAGVB OP GR.RATSIZ MiAMI, INC., AND ' LHG
HOUSING AND DEVELOPMENT,, INC., ON AN 13LEVEN
(22) ACRE PARCEL LOCATED IN THE MODEL CITY
NEIGHBORHOOD, AT NORTHWHST 67TH AND 69TH
STRECT9 HBTwErni NORTHWEST TTH AND 10T9
AVMMRS, 14LA141, FLORIDA 1 AUTHORIZING THE CITY
MANA43HR TO ALLOCATE AND DISBURSIR FMING FROM
THE CITY'S HOME INV867MENT PARTNERSHIP
PROGRAM, IN AN AMOUNT NOT TO BXCBRO $50,000,
TO TM URBAN LEAGUE TO DSPRhY T98 COSTS
ASSOCIATED WITH THB PRRDCVBLOPMM;T AC1V3:Tr8S
TR CONNECTION WITH SAID DBVSLOBMMiT f PURTMR
AU AORIZING THB CITY MANAGER TO AtJ4CAT8 AND
DISBURSE FUNDING TO TtM URBAN LEAGUE, IN THE
MANNSR PRESCRIHgD BY THE CITYrS HOME
INVBS'IKENT PARTNERSHIP PROGRAM, FOR. (PROJECT
UML,OPMENT AND CONSTRUCTION COSTS YN AN
AMOUNT NOT TO EXCEED $4,750,000, OF WHICH
02, 375, 000 WILL BE MADE A`/AILABL9 IMMBDIA.TBLY
TO TES UPJaAN LEAGUE FOR PHASE I OF 'TES
DEVELOPMENT, AND THE REMAINING $2,375,000 TO
BE MADS AVAILABLE POK PUABB YI AFT9R THS
COMPLETION OF PHASE I.
WH13RBAS, a severe shortage of housing within the
affordability range of families and individuals of low and
taoderate income exists in the City of Miami; and
r cofocssmff
NEEtL4b OF
DEC 0 7 W5
908o11-11o1m Na
kCV BY: C I •I•Y O %1 I Ml 1 : 4 - 7 -97 i : 0 111M
V V.IIL V,1 VI 11V1.. LV/'V• V.l•rlvL VVT IYV VI VV
I
(i7 5()-, CONM. H. Illik.\A\IJI:'/.: ff:1�i
VTl VI/VI V. VYi iV� VVV LUV � LI VJ.L VVI VV
TUC 17:a1.
P.03
14HBR$A8, the City Commisaion recognimea that participation
of both the p"l.ic and private sector is necessary to foster the
development of housing affordable to low and moderate income
families and individuals in the City, and
WH9MkS$ in May, 1995, LOL Housing and Development, Inc.,
c
and the Urban League of Greater Miami, Inc., (the "Joint
Venture") submitted a formal application to the City of Miami for
funding in the amount of $4, 750, 000 to be provided in the form of
a grant, in connection with the development of a 134-unit
affordable housing project on a site located at Northwest 67th
and 69th Streets, Miami, Florida; and
WKBREAS, after several meetings with representatives of the
Joint Venture, the City Administration expressed concerns
relative to a portion of the development site perhaps being
contaminated with hazardous or toxic matexials as a result of a
dry cleaning business which had operated near Northwest 7th
Avenue between Northwest 67th and 69th Streets, Miami, Florida,
WHgRW, in an effort to address the aforementioned concern,
the City Commission recommended that the Joint Venture carry out
a study addressing the City's concern relative to the
environmental 8tatug of the site; and
WHOREAS, pursuant to Motion No. 95-699, adopted September
28, 1995, the City Commission accepted the environmental report
provided by the Joint venture indicating that the development
site is clear for developments and
WHBR$AS, in ,an effort to move the development of the
aforementioned housing project forward, the City Administration
-2-
r. M12
kC\ HY:CITY OF N11A\11 : 4- 7-97 : 5:02II:N1
V,,,,, Vy l VI I - Ll- LLv iI.L VVT I- VI VV
954 74 a C7 tl COMM. 11. HI-1 \A\DEZ : If3(i
r�N•-?0^96
r
TIDE 7:3.
p_Q4
recommends the provision of $50, 000 from City SOME Program funds
to the urban League to defray the cost of predevelopment
activities in connection with the proposed housing project; and
WF PIMS, the City Administration further recotm onds
providing an allocation to the Urban Leagues for project
.c
development and construction funding, in an account not to exceed
$4,750,000, from the City'a Rome investment Partnership Program
and/or the Com>nunity Development Block Grant Program;
NOW, 'T.'HE EFORB, HE IT RESOLVED BY THU Cs0MMISSION OP THR CITY
OP MIAMI, FLORIDA:
Section 1. The recitals and f indings contained in the
Preamble to this Resolution are hereby adopted by reference
theretr and incorporated herein as if fully set forth in this
Section.
section 2. Resolution No. 95-648, adopted September 14,
1995, is hereby rescinded in ite entirety.
Section 3. The acceptance of the environmental study,
pursuant to Motion No. 95-699, adopted September 28, 1.995, is
hereby reaffirmed.
Section A. The City Manager its hereby authorized to
allocate, and disburse funding from the City'sa Home rnvestcnent
Partnership program, in an amount not to exceed $50,000, to the
Urban League of Greater Miami, Inc., to defray the costs
associate¢' with the environmental study and predevelopment
activities in connection with the development of the proposed
Knight Manor Homeo Project planned for the development of a
134-unit affordable homeownership housing project on an eleven
3-
y
0
rr 1^3 Ft - Sri T1.1fr` 7 t v:r P ��
acre parcel located at Northwest 67th and 69th Streete between
7th and 10t>h Avenues, Miami, Florida, in the' Model City
Neighborhood (the *ProjeCL") .
Section S. The City Manager is hereby further authorized
to allocate and disburse funding, in the manner prescribed by the
City's IIome Investment Partnership Program, to the Urban League,
in an amount not to exceed $4,750,000, of which $2,375,000 for
Phase I of the Project will be made immediately available in view
of the environmental study accepted by the Commission on
September 28, 1995, indicating that the development site is clear
for construction, with the remaining $2,375,000 to be made
available upon successful completion of Phase i of the subject
Project.
Section 6. The City Manager is hereby authorized" to
execute the necessary documents, in forms acceptable to the City
Attorney, to implement said Project.
Section 7. This Resolution shall become effective
immediately upon its adoption.
PASSED AM ADOPM this 7Ch day of December, 1.995.
•
STB H-8f; P , f,MAYO
R
ATTEST
W ALT Y CLBRK
' The hcrein authorization is fiag= subjed to cocnpliancc with all requirtmcnts that may be imposed by the City
Attorney, including"trot ltmitgd to those ptescdbed by applicable City Charier and Code provisions.
-4-
•
RCA li)':C'1'1.% OF MAW 1- 707 5:0.11N
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36-96 T U E 1T 3
1.15.1 7.1:1 611131i-
VTr VI f. V.— Ire vVW cVv 1 uy� vVl vv
P"PARED AM APPROVED BY:
L R. KIARSON
ASSISTANT dITY J#'i"I PMY
APPROVED AS TO FORM AND CORRSC NRSS
W4a9:ak:I.KK
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AV ,.
KC1
13Y:CITY OF MlAMI
i- 7-:)7
li li:il'il
i
U54 74:) 6750 • CU1UI. 11. III.K�A\UI:'!. II3:J
�WITBIT NBa
Budget
KNIGHT MANOR HOMES
COST AND ALLOCATION OF FUNDS
32,350,000
52,350,000
Total
City 01 Mlarnl
City of Mlalnl
3rd Party loans/
Grant Part I
Grant Part II
Cash Flow
Lti�ra
Land Purchase Pnco
700,000
700.000
Srok0rage
70,000
70,00C
Closing Costs `—
2b,000
25,000
Conullabun Fee
40,000
40,000
Real EvAte Taxes
100,000
10.000
90,000
TOTAL LAND COSTS
g35,000
Us,=
90.000
DEVELOPMENT COSTS
Oemoldion 6 Clearing
225,000
225.000
Sila work (Eet.)
2,000.000
425,D00
1,450,000.�,
123,000
TOTAL DEVELOPMENT COSTS
2,225,000
650.000
1,450.000
125,000
SOFT COSTS
Tanant Relocation
180.000
150.000
ArChNeCl
68.000
15,000
33,000
Engineer
25,DD0
15.000
1 o,DOD
CDnsutc ion Manger
100,000
60.000
50,000
SurveyorlCM ErQlneer
e0,000
15.000
46,000
Legal
195,000
50.000
145,000
Landscape Arehltact
10,000
7,500
2,500
Amounting
30.000
4,500
3.500
22,000
Plaiting Fees
Hondo
20,000
20,000
2orJn9 Consuttants
Adverli3ing
75.000
25,000
60.000
Marxeling
75,000
14,000
61.000
'Wrar C2uallocauon
100,000
50,000
50,000
Sales Commlealons
250,000
259.000
Monvage Brokerage
210,000
Sales ORkoaand Modois
272,22o
272.220
219.000
Ganafal Overhead and Admin.
812,545
207,D00
25U40
3$5.585
A 0pfia sal
10,000
2.500
7, 500
Insurance
75,000
3.600
71.600
Inspection Fees
39,000
39,Q00
TOTAL SOFT COSTS
1,331.065
2.616,065
620,D00
665,000
FINANCE COS TS
Commi;tmanl Fees
147,000
Cloning Costa
25,000
147.000
I n l ere sl
15
?S 00C
153.209
TOTAL FINANCE COSTS
_
325.209
325,209
OLVELOPER'S FEE
1,125.768
235,OUo
235,0DO
655,766
70TA1, CONSTRUC 11GN COSTS
7.400.000
� aoa,oac
TOTAL. PROJCCI"COST
115,027,042
7,750,000
2.330,000
�=
-
to.327,042
_