HomeMy WebLinkAboutO-11512J-97-305
4/30/97
ORDINANCE NO. 11512
AN ORDINANCE, WITH ATTACHMENT(S),
ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED "POINCIANA VILLAGE CONDOMINIUMS
PHASE III CONSTRUCTION GRANT" AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME
IN THE TOTAL AMOUNT OF $363,000.00,
CONSISTING OF FUNDS FROM THE SALE PROCEEDS OF
THE MELROSE TOWNHOMES; AUTHORIZING
EXPENDITURES FROM SAID FUND; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THAT
CERTAIN GRANT AGREEMENT BETWEEN THE CITY OF
MIAMI, FLORIDA AND INDIAN RIVER INVESTMENTS
OF MIAMI, INC., IN SUBSTANTIALLY THE ATTACHED
FORM, AND ANY OTHER NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY TO
EFFECTUATE SAID GRANT; DIRECTING THE CITY
MANAGER TO REIMBURSE THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY TRUST FUND ACCOUNT IN THE AMOUNT OF
$221,417.60 FROM THE HEREIN ESTABLISHED
SPECIAL REVENUE FUND; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, pursuant to that certain Land Lease and Development
Agreement between the City of Miami, Florida and Indian River
Investments of Miami, Inc. ("Developer"), dated June 15, 1988,
Developer was obligated to construct a residential project known
as "Poinciana Village" consisting of 155 dwelling units (the
"Project"), to be built in four phases, in the Southeast
Overtown/Park West Redevelopment Area; and
WHEREAS, pursuant to Resolution No. 96-430, adopted by the
City Commission on June 13, 1996, the City Manager was directed
to provide $363,000.00 in the form of a grant (the "City Grant")
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from the sale proceeds of either or both of the Saint Hugh Oaks
Condominiums or Melrose Townhomes, to the Developer for the
purpose of providing financial support for the construction of
Phase III of the Project, consisting of 24 units ("Phase III);
and
WHEREAS, pursuant to said Resolution, the Developer
commenced construction of Phase III of the Project, thereby
incurring certain financial obligations with respect thereto; and
WHEREAS, due to the City's administrative inability to
issue a check to the Developer in such time as to prevent a
stoppage of work on Phase III of the Project, funds were
disbursed to the Developer in the amount of $221,417.60 from the
Southeast Overtown/Park West Community Redevelopment Agency's
Trust Fund Account; and
WHEREAS, sufficient proceeds are available from the sale of
the Melrose Townhomes to fund the herein established New Special
Revenue Fund, thereby enabling the funding of the City Grant;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
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Section 2. The following New Special Revenue is hereby
established, resources are hereby appropriated. as described
herein, and expenditures from said fund are hereby authorized:
FUND TITLE: POINCIANA VILLAGE CONDOMINIUMS
PHASE III CONSTRUCTION GRANT
RESOURCES: Proceeds from the sale of the
Melrose Townhomes $363,000
APPROPRIATIONS: POINCIANA VILLAGE CONDOMINIUMS
PHASE III CONSTRUCTION GRANT $363,000
Section 3. The City Manager is hereby authorized to
execute the grant agreement between the City of Miami, Florida
and Indian River Investments of Miami, Inc., in substantially the
attached form, and any other necessary documents, in a form
acceptable to the City Attorney, to effectuate said Grant.
Section 4. The City Manager is hereby directed to
reimburse the Southeast Overtown/Park West Community
Redevelopment Agency's Trust Fund Account in the amount of
$221,417.60 from the herein established New Special Revenue Fund.
Section 5. All ordinances.or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 6. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 7. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 7th day of
May 1997.
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PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 9th day of
ATTEST :
WALTER VOEMW4
CITY CLERK
June
PREPARED AND APP VED B
LIMM KELLY ARSON
ASSISTANT CITY ATTORNEY
, 1997.
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E CAROLLO, MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
A. ^NN ES, I
CITY ATT EY
LKK/BSS/W298
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CITY OF MIAMI, FLORIDA
GRANT AGREEMENT
This Agreement is dated as of this day of , 1997, by and
between the City of Miami, Florida a municipal corporation of the State of Florida, acting by and
through the Office of the City Manager (hereinafter "CITY"), and Indian River Investments of
Miami, Inc., a Florida corporation (hereinafter the "Developer").
RECITAL:
WHEREAS, pursuant to that certain Land Lease and Development Agreement between
the CITY and Indian River Investments of Miami, Inc. ("Developer"), dated June 15, 1988,-
Developer was obligated to construct a residential project known as " Poinciana Village"
consisting of 155 dwelling units (the "Project"), to be built in four phases, in the Southeast
Overtown/Park West Redevelopment Area; and
WHEREAS, to date, Developer has constructed 40 units, as part of Phase I and Phase II
of the Project, which are all privately owned and occupied; and
WHEREAS, the Developer pre -sold 22 out of 24 units of Phase III ("Phase III") prior to
Hurricane Andrew; and
WHEREAS, the cost of construction has drastically risen since Hurricane Andrew due to
the changes in the South Florida Building Code; and
WHEREAS, the entire sale proceeds of Phase III fall $363,000.00 short of the
construction costs for Phase III; and
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WHEREAS, the Developer cannot commence the development of Phase IV of the Project
until the construction of Phase III is underway; and
WHEREAS, the Project is an integral part of the Southeast Overtown/Park West
redevelopment program; and
WHEREAS, on April 29, 1996, the CITY Commission in its capacity as the Board of
Directors of the Southeast Overtown/Park West Community Redevelopment Agency ("CRA
Board") approved a request to provide financial assistance to the Developer in the form of a grant
in the amount of $363,000.00; and
WHEREAS, the CRA Board also stipulated that any profit made from the Phase III
development will be returned to the CITY, and
WHEREAS, pursuant to Resolution No. 96-430, passed and adopted by the City of
Miami Commission on June 13, 1996, the CITY Manager was directed to provide $363,000.00 in
the form of a grant (the "CITY Grant") from the sale proceeds of either or both of the Saint Hugh
Oaks Condominiums or Melrose Townhomes, to the Developer for the purpose of providing
financial support for the construction of Phase III;
NOW THEREFORE, in consideration of the mutual covenants and obligations herein
contained, and subject to the terms and conditions hereinafter stated, the parties hereto
understand and agree as follows:
ARTICLE I
CITY GRANT
1.1 Term. Upon satisfaction of all conditions set forth herein, CITY shall disburse the CITY
Grant to the Developer for the purposes herein set forth, commencing on the effective
date hereof and, unless terminated in accordance with the provisions herein, shall continue
until completion of the Scope of Services/Phase III Construction Schedule, attached
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hereto and incorporated herein as Exhibit "A". The CITY shall have the option to extend
the Term hereof, subject to extension of the construction schedule for Phase III and
availability and appropriation of CITY Grant funds.
1.2 Use of Funds. The CITY Grant is hereby allocated for the construction of Phase III, in
accordance with the Budget, attached hereto and incorporated herein as Exhibit "B".
1.3 Conditions of Disbursement. CITY shall not be obligated to disburse the CITY Grant
unless and until the CITY has received the following:
1.3.1 Title Insurance. A paid title insurance policy or commitment insuring the Property
issued by a title insurance company acceptable to CITY, 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 CITY shall require.
1.3.2 Survey. An original current survey of the Property made by a registered surveyor
satisfactory to CITY and the title company and containing such certifications as
CITY and the title company may require.
1.3.3 Zonin . Evidence that the Property and the proposed improvements comply with
all applicable zoning ordinance.
1.3.4 Corporate Documents.
(a) The certificate of incorporation and a good standing certificate for
Developer, certified by the appropriate governmental authority.
(b) Bylaws, resolutions, and incumbency certificates for Developer, certified by
the Corporate Secretary, authorizing the consummation of the transactions
contemplated hereby, all satisfactory to CITY.
1.3.5 Insurance Policies.
(a) Comprehensive General Liability and umbrella liability coverage of an
amount not less than $300,000.00 per person per occurrence, protecting
the CITY and Developer 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
owned 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.
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(c) Employers' liability insurance protecting the Developer 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 Phase
III, insuring Phase III 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. Developer shall be required to furnish
evidence of any other insurance coverage the CITY may reasonably require
during the term of the Agreement. All such policies 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 policies shall be written by insurance
companies satisfactory to the CITY.
1.3.6 Building Permit. The authorization or permit from the appropriate local
governmental authority to construct Phase III and evidence that the period of time
within which such permit may be contested has expired.
1.3.7 Plans. Final Plans and specifications for construction of Phase III satisfactory to
CITY.
1.3.8 Construction Contract. Copy of the Construction Contract for construction of
Phase III in accordance with the Plans for a guaranteed maximum price. At
CITY' S request, and upon the occurrence of an event of default, Developer shall
assign the Construction Contract to the CITY, as security for Developer's
obligations under this Agreement.
1.3.9 List of Subcontractors. List of all of the Phase III subcontractors and copies of all
contracts in excess of $1,000 for the - performance of services or the supply of
material in connection with Phase III.
1.3.10 Payment and Performance Bond. A payment and performance bond for the
Construction Contract.
1.3.11 All other documents reasonably required by CITY.'
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1.4 Disbursement Procedures. The CITY Grant shall be disbursed in the manner as
hereinafter set forth:
a. From the time that construction of Phase III begins through the time that
Developer has received all funds to which it is entitled, the Developer will submit
draw requests for the CITY Grant, which will be submitted not more frequently
than one (1) time per month. It is hereby acknowledged that Developer has
submitted two (2) draw requests in the total amount of $221,417.60, which will be
paid upon execution of this Agreement by the CITY. Henceforth, Developer will
submit or caused to be submitted the following documentation to CITY:
A Request for Disbursement, in a form acceptable to CITY, setting forth
such details concerning construction of Phase III as the CITY shall require,
including: the amount paid to the General Contractor that is
constructing Phase III (the "Contractor") to the date of the Request for
Disbursement, pursuant to the contract for the construction of Phase III
between the Developer and the Contractor (the "Construction Contract"),
the amounts, if any, paid directly by Developer to subcontractors of the
Contractor and materialmen; the amount currently payable to the
Contractor, broken down by trades; the amounts paid on account of the
Contractor's construction fee and the balance of the construction costs
which will remain unpaid after the payment of the amount currently
payable. Any Request for Disbursement must be submitted to CITY by not
later than the thirtieth (30`h) day of each month of construction. Each
Request for Disbursement must be signed by the Developer, the Architect
for Phase III and the Contractor.
ii. Within five (5) working days of its receipt of a Request for Disbursement
delivered pursuant to Section 1.3a(i) hereof and without attempting to
verify the completeness of same, CITY will notify the CITY Inspector of
the need to inspect the progress of construction of work for Phase III (the
"Notification") and shall forward to the CITY Inspector to the Request for
Disbursement that has been delivered by the Developer. The CITY
Inspector shall complete its inspection and submit its report to CITY within
five (5) working days of receipt of the Notification.
iii. The CITY Inspector shall be required to certify with each draw request:
the amount of work for Phase III that has been completed; the good and
acceptable workmanship of the Contractor and its subcontractors; the
compliance with approved final pans and specifications of the Phase III;
and such other matters as CITY may require. Lien waivers shall be
submitted to the Title Insurance Company, the CITY Inspector, and CITY
for review and approval before each disbursement. If the CITY requires
that the Title Insurance Company monitor all lien waivers, the Developer
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shall also submit to the Title Insurance Company all lien waivers in
connection with each proposed draw. All costs associated with the Title
Insurance Company, in monitoring lien waivers, shall be paid by the
Developer.
iv. The CITY Inspector will review the work that is incorporated into Phase
III and for which each and every Request for Disbursement of the CITY
Grant funds is submitted. The CITY Inspector will review and approve the
final plans and specifications for Phase III and will review and approve the
draw requests based on the percentage of the work completed. The CITY
Inspector's reviews, approvals, and conclusions shall be for the sole benefit
of the CITY.
Each Request for Disbursement shall constitute a representation by Developer and
the Contractor to the CITY that:
The materials have been physically incorporated into Phase III, free of liens
and security interests and the construction of the Phase III to date has been
performed substantially in accordance with the Drawings and Specifications
and in a first-class workmanlike manner;
ii. All governmental licenses and permits required by Phase III, as then
completed, have been obtained and are available for inspection by the
CITY;
iii. Phase III, as then completed, does not violate any law, ordinance, rule,
regulation, or order or decree of any court or governmental authority; and
iv. No Event of Default has occurred and is continuing and there is no
continuing default under the Construction Contract.
C. If CITY finds the materials submitted by the Developer and the report of
inspection by the City Inspector to be satisfactory to the CITY in accordance with
this Agreement, the CITY shall fund the sum requested by the Developer or such
lower sum as CITY deems appropriate to the Developer.
d. The CITY shall fund disbursement of the CITY Grant by not later than seven (7)
working days after it has received both the Request for Disbursement, in the form
required by Section 1.3a(i) hereof, and the inspection report of the CITY
.Inspector, in he form required by Section 1.3a(ii) hereof.
e. CITY shall retain ten percent (10%) ("Retainage") of each Request for
Disbursement funded until the final Request for Disbursement is funded at which
time the Retainage will be paid as part of the final payment.
1.5 Repayment of CITY Grant. The Developer shall have no obligation to repay the CITY
Grant except in the following cases:
(a) the conditions for disbursement of the CITY Grant have not been satisfied within
the time set forth in Article IV below, or
(b) the Developer fails to obtain the additional financing to complete the construction
of the Phase III, or
(c) the occurrence of an event of a default by Developer as defined in Article VII
below.
Upon the occurrence of any one of the foregoing events, the amount of the CITY Grant
actually disbursed shall be immediately due and payable.
1.6 Return of Profit. For purposes stated herein the term "Profit" shall mean the
difference in sale proceeds that exceeds the Phase III preconstruction commitment sales
price ("Preconstruction Price") as set forth on the "Pre -sale Purchasers List", attached
hereto and incorporated herein as Exhibit "C", and the actual purchase price ("Actual
Price") Developer receives at closing for the individual condominiums in Phase III (the
"Closing"). Prior to the Closing, Developer shall submit to CITY a copy of the Closing
Statement for CITY's review. In the event there is a Profit, it is hereby agreed that said
Profit will be forwarded to CITY within thirty (30) business days after the Closing.
ARTICLE H
AUDITS, RECORDS AND INSPECTION RIGHTS
2.1 Audit. The CITY may, at reasonable times, and for a period of up to three (3) years
following the date of final payment by the CITY to Developer under this Agreement, audit, or
cause to be audited, at Developer's sole cost and expense, those books and records of Developer
in connection with Phase III. Developer agrees to maintain all such books and records at its
principal place of business for a period of three (3) years after final payment is made under this
Agreement.
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2.2 Inspection. The City may, at reasonable times during the Term hereof, inspect
Phase III to determine whether Developer's performance pertaining thereto conforms to the terms
hereof.
2.2 Phase III Records. The Developer shall maintain all records in connection with
Phase III 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.
The Developer shall ensure that the Phase III Records shall be at all times subject
to and available for full access and review, inspection, or audit by CITY, State personnel, and any
other personnel duly authorized by the CITY.
ARTICLE III
REPRESENTATIONS AND WARRANTIES OF DEVELOPER
Developer represents and warrants to the CITY as follows:
3.1 Organization and Existence. Developer is a corporation duly organized, 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 the CITY Grant, and to own,
operate and develop Phase III and participate therein. Developer has full power and authority to
perform the provisions hereof and of its agreements and undertakings with the CITY 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.
3.2 Correctness of Documents. The cost estimates, the budgets, schedules, and all
other documents furnished to CITY in accordance with this Agreement, are true and correct in all
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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.
3.3 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 Developer or the Property which could
adversely affect Developer's ability to complete or operate Phase III or to perform its obligations
hereunder or which would constitute an Event of Default hereunder regardless of the giving of
notice or the passage of time or both., There are no outstanding or unpaid judgments or
arbitration awards against Developer.
3.4 Non -Default. Developer is not 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 consummation of the other transactions
contemplated hereby, and the ownership, development and sale of Phase III as contemplated
hereby (i) do not and will not conflict with or result in violation of or in the breach or default
under any indenture, contract, agreement or other instrument to which the Developer 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.
3.5 Valid Obli atg ions. This Agreement, when executed and delivered, shall constitute
the duly authorized, legal, valid and binding obligation of Developer and will be enforceable in
accordance with their respective terms.
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3.6 Marketable Title in Developer. Developer has and at all times shall have, good
and marketable title to the entire Phase III subject only to Permitted Exceptions or as otherwise
permitted by the CITY.
3.7 Compliance of Phase III. The completion and use of Phase III in accordance with
the Plans complies and will comply fully with all limitations on the use of Phase III, or any other
condition, grant, easement, covenant, or restriction, whether recorded or not. All necessary
approvals, permits and licenses for the construction, operation, and use of Phase III have been
unconditionally obtained and are in full force and effect, or if the present state of construction of
Phase III does not allow such issuance, then such approvals, permits and licenses will be issued
when Phase III is completed.
3.8 Encroachments. When completed in accordance with the Plans, Phase III will not
encroach upon any building line, setback line, sideyard line or other recorded or visible easements
or other easements .of which the Developer is aware which exists (or which Developer has reason
to believe may exist) with respect to Phase III.
3.9 Plans. The Plans are, in the aggregate, complete in all respects, containing all
detail requisites for Phase III which, when built and equipped in accordance therewith, shall be
ready for the intended use and occupancy thereof.
3.10 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 CITY.
3.11 Pending Assessments. Developer has no knowledge of any pending or proposed
governmental action which would impair the operation or value of Phase III or result in a special
assessment against Phase III.
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3.12 Waste. The Developer shall not commit or suffer waste or negligence in
connection with Phase III.
3.13 Fraud. No fraud by Developer has occurred in the qualification of Developer
and/or the Property to receive the CITY Grant, the negotiation of this Agreement, nor in the
transactions contemplated hereby.
3.14 No Casualty. No part of the Property and/or Phase III has been damaged or has
been ' subjected to condemnation or other proceedings, and no such proceedings have been
threatened.
3.15 No Changes. There have been no material adverse changes in Phase III
construction costs and expenses or in the occupancy of the Property or any other features of the
transactions contemplated hereby as submitted to CITY. ,
3.16 Reaffirmation. Each of the representations and warranties set forth in this Article
shall be true at all times and the acceptance of the CITY Grant hereunder by Developer shall be
deemed to be a reaffirmation of each of the representations and warranties.
ARTICLE IV
DEVELOPER'S OBLIGATIONS
4.1 Scope of Services. Developer shall perform the Scope of Services as set forth
herein. The Scope of Services shall be completed on or before November 30, 1997 (the
"Completion Date")
? 4.2 Reporting Obligations. The Developer shall submit to CITY all reports as herein
described, in such form, manner, or frequency as CITY may reasonably require, to monitor the
progress of the construction and performance and compliance with this Agreement.
4.3 Retention of Records. The Developer shall retain all Phase III Records for three
(3) years after the expiration of this Agreement (hereinafter referred to as "Retention Period")
subject to the limitations set forth below:
(a) If CITY or the Developer has received or given notice of any kind
indicating any threatened or pending litigation, claim or audit arising out of this Agreement, the
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 CITY, fully, completely and finally resolved.
(b) The Developer shall allow CITY or any person authorized by CITY full -
access to and the right to examine any of Phase III's Records during the required Retention
Period.
(c) The Developer shall notify CITY 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 Phase III Records will be retained.
(d) The Developer shall obtain the prior written approval of CITY for the
disposal of any Phase III Records before disposing of such records within one year after the
expiration of the Retention Period.
4.4 Provision of Records. All of the Phase III Records are subject to the provisions of
Chapter 119, Florida Statutes, commonly referred to as the "Public Records Law."
Developer shall provide to CITY and the public, upon request, all Phase III Records.
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requested Phase III Records shall become the property of CITY without restriction, reservation,
or limitation of their use and shall be made available by the Developer at any time upon request by
CITY. CITY 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 Phase III Records for public purposes.
If the Developer 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 Developer shall provide a copy of each report and any follow-up
communications and reports to CITY immediately upon such issuance unless such disclosure is a
violation of those agencies' rules.
Developer's failure or refusal to comply with the provisions of this Section shall result in
the immediate cancellation of this Agreement by the CITY.
4.5 Prior Approval. The Developer shall obtain prior written approval from CITY
prior to undertaking any of the following with respect to the Property:
(a) The execution of all assignments.
(b) The sale of the Property, other than to the individual purchasers of the
condominiums within the Phase III.
Budget.
(c) The use of the CITY Grant for purposes other than as set forth in the
(d) The disposal of all Phase III Records.
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4.6 Conflict of Interest. The Phase III Sponsor shall disclose any possible conflicts of
interest or apparent improprieties of any party under State of Florida, Metropolitan Dade County,
and/or CITY's conflict of interest provisions.
The Developer shall make such disclosure in writing to CITY immediately upon
the Developer's discovery of such possible conflict. CITY will then render an opinion which shall
be binding on all parties.
4.7 Publicity and Advertisements. The Developer shall ensure that all publicity and
advertisements prepared and released by the Developer, such as pamphlets and news releases,
related to activities funded by this Agreement, and all events carried out to publicize the
accomplishments of any activity funded by this Agreement recognize the CITY as one of its
funding sources.
4.8 Minority and Women Business Affairs and Procurement Program. The CITY has
established a Minority and Women Business Affairs and Procurement Program (the "M/WBE
Program") designed to increase the volume of CITY procurement and contracts with Blacks,
Hispanic, and Women -owned businesses. The M/WBE Program is found in Ordinance No.
10062, as amended, a copy of which has been delivered to, and receipt of which is hereby
acknowledged by Developer. The Developer shall make a positive effort to procure supplies,
equipment, construction, or services to fulfill this Agreement from minority and women's
businesses in accordance with the M/WBE Program, and to provide these sources the maximum
feasible opportunity to compete for subcontracts to be performed pursuant to this Agreement.
Developer understands and agrees that the CITY shall have the right to terminate and cancel this
Agreement, without notice or penalty to the CITY, and to eliminate Developer from consideration
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for future funding from the CITY if Developer submitted false. or misleading information as to the
quality and/or type of minority or women owned business participation in Phase III.
4.9 Additional Funding. The Developer shall notify CITY of any additional funding
received for any activity described in this Agreement. Such notification shall be in writing and
received by CITY within thirty (30) days of the Developer's notification by the funding source.
4.10 Reversion of Assets. The Developer shall return to CITY, upon the expiration or
termination of this Agreement, any funds on hand, any accounts receivable attributable to the
CITY Grant, and any overpayments due to unearned funds or costs disallowed pursuant to the
terms of this Agreement that were disbursed to the Developer by CITY. For purposes of this
Agreement, disallowed costs include, but are not limited to the following:
related costs;
(a) Bad Debts -losses arising form uncollectable accounts and other claims and
(b) Contingencies -contributions to a contingency reserve or an similar
provisions for unforeseen events;
(c) Contributions or Donations;
(d) Entertainment -costs of amusements, social activities, and incidental costs
relating thereto, such as meals, beverages, lodgings, rentals, transportation and gratuities;
(e) Fines and Penalties -costs resulting form violations of, or failure to comply
with Federal, State and local laws and regulations;
(f) Interest and Other Financial Costs -interest on borrowings (however
represented), bond discounts, costs of financing and refinancing operations, and legal and
professional fees paid in connection therewith; and
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(g). Administrative Costs -office expenses, salaries, or other overhead expenses.
4.11 Affirmative Marketing. Developer 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 program shall
become an exhibit to this Agreement and shall be attached hereto as Exhibit "D" and by this
reference become a part hereof as though fully set forth herein at the time of execution
4.12 Nondiscrimination. Developer represents and warrants to CITY that Developer
does and will not engage in discriminatory practices and that there shall be no discrimination in
connection with Developer's performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status, or national origin. Developer further covenants that no
otherwise qualified individual shall, solely by reason by his/her race, color, sex, religion, age;
handicap, marital status or national origin, be excluded from purchasing a condominium in Phase
III or be subject to discrimination under any provision of this Agreement.
ARTICLE V
DEFAULT
5.1 Upon the occurrence of a default hereunder the CITY, in addition to all remedies
available to it by law, may immediately, upon written notice to Developer, terminate this
Agreement, whereupon all payments, advances, or other compensation paid by the CITY to
Developer while Developer was in default shall be immediately returned to the CITY. Developer
understands and agrees that termination of this Agreement under this Section shall not release
Developer from any obligation accruing prior to the effective date of termination. The happening
of any one or more of the following events shall constitute an Event of Default:
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11512
5.1.1 Violation, untruth, or substantial inaccuracy or incompleteness of any term,
condition or representation contained in this Agreement, or the existence of a material
misrepresentation of fact or fraud contained in any documents submitted in support of this
Agreement.
5.1.2 The substantial discontinuance of the construction of Phase III for a period
of fourteen (14) days which discontinuance is, in the sole determination of CITY, without
satisfactory cause.
5.1.3 The sale (other than to homebuyers), assignment, pledge, transfer,
hypothecation or other disposition of any proprietary or beneficial interest in Phase III, the
Property or any change in the operating control of Developer.
5.1.4 Phase III is not being erected in a good and workmanlike manner in
accordance with the Plans, or Developer failing to comply promptly with any requirements or
notice of violation -of law issued by or filed in any department of any governmental authority
having jurisdiction against Developer or the Property.
5.1.5 Failure by the Developer to materially comply with any term or provision
of this Agreement.
1Z
5.1.6 Zoning Change. Any change in the zoning classification of the Property,
initiated by the Developer, which in CITY's sole discretion would materially interfere with the
completion of construction of Phase III or the ultimate operation of the Phase III as contemplated
herein.
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ARTICLE VI
REMEDIES
Upon the occurrence of any Event of Default, CITY 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 Developer (except
for the events described in Article V above for which the aforementioned cure period shall not
apply) the CITY shall have the absolute right, at its option and election and in its sole discretion
to:
6.1 Specific Performance. Institute appropriate proceedings to specifically enforce
performance of the terms and conditions of this Agreement;
6.2 Recapture of CITY Grant. Developer shall reimburse the CITY for the total
amount of the CITY Grant disbursed to Developer.
6.3 Other Remedies. Exercise any other right, privilege or remedy available to the
CITY as may be provided by applicable law.
It is understood and agreed that the occurrence of an Event of Default under Article V
hereof shall automatically entitle the CITY to exercise any of the above described remedies
without the need to give Developer 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 Developer, materialman, laborer,
subcontractor or supplier, shall have any interest in any portion of the CITY Grant withheld
because of a default and shall not have any right to garnish, require or compel payment thereof to
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11512
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 VII
INDEMNIFICATION
The Developer shall indemnify and hold harmless the CITY and its 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 Developer, its
officers, agents, employees, or assignees in the fulfillment of this Agreement. The Developer shall
pay all claims and losses of any nature in connection therewith, and shall defend all suits, in the
name of the CITY when applicable, and shall pay all costs and judgments which may issue
thereon.
ARTICLE VM
TERMINATION
City shall have the right to terminate this Agreement, by giving Developer at least five (5)
business days prior written notice, upon discontinuance or termination of this Agreement due to
unavailability of funds under the CITY Grant, or if the CITY determines, in its sole discretion,
that continuation of this Agreement is no longer in the best interest of the CITY. In such event,
the CITY shall pay Developer the amount owed to Developer prior to the effective date of
termination.
Furthermore, the CITY shall have the right to terminate this Agreement, without notice or
liability to Developer, upon the occurrence of an Event of Default under this Agreement. In such
event, the CITY shall not be obligated to pay any amounts to Developer and Developer shall
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reimburse to the CITY all amounts received while Developer was in default under this
Agreement.
ARTICLE IXI
SUSPENSION
9.1 CITY may, for reasonable causes, temporarily suspend the Developer's authority
to obligate funds under this Agreement or withhold payments to the Developer pending necessary
corrective action by the Developer or both. Reasonable cause shall be determined by CITY in its
sole and absolute discretion and may include:
9.1.1 Ineffective or improper use of the CITY Grant by the Developer;
9.1.2 Failure by the Developer to materially comply with any term or provision
of this Agreement;
Agreement;
9.1.3 Failure by the Developer to submit any documents required by this
9.1.4 The Developer submittal of incorrect or incomplete documents.
9.2 CITY may at any time suspend the Developer'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.
9.3 CITY will notify the Developer 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).
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11512
ARTICLE X
MISCELLANEOUS
10.1 Enforcement Methods. As a means of enforcing compliance with this Agreement,
CITY may utilize deed restrictions, property liens, or any other enforcement measures deemed
necessary by CITY to enforce the provisions of this Agreement.
10.2 Renegotiation or Modification. 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 CITY determines in its sole and absolute
discretion that federal, state, and/or CITY revisions of any applicable laws or regulations, or
increases or decreases in budget allocations make changes in this Agreement necessary. CITY
shall be the final authority in determining whether or not funds for this Agreement are available -
due to federal, state and/or CITY revisions of any applicable laws or regulations, or increases or
decreases in budget allocations.
10.3 Right to Waive. CITY may, for good and sufficient cause, as determined by CITY
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 Developer shall be in writing.
A waiver shall not be construed to be a modification of this Agreement.
10.4 Budget Revisions. Revisions to the Budget shall be reduced to writing, and
approved in writing by CITY; however, such revisions shall not require an Agreement
amendment unless the amount of this Agreement is changed or unless otherwise required by
CITY.
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10.5 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.
10.6 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.
10.7 Notices and Contact. All notices under this Agreement shall be in writing, by
certified or registered return receipt requested mail addressed as follows:
TO CITY: OFFICE OF THE CITY MANAGER
444 Southwest 2„ d Avenue, I OTH Floor
Miami, Florida 33130
ATTN: Edward Marquez
WITH COPY TO: CITY ATTORNEY' S OFFICE
444 Southwest 21 Avenue, Suite 945
Miami, Florida 33131
ATTN: Linda Kelly Kearson, Esquire
TO DEVELOPER: INDIAN RIVER INVESTMENTS OF MIAMI,INC.
269 Northwest 7`h Street
Miami, Florida 33136
ATTN: Ted H. Weitzel
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.
10.8 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 erect.
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1if2
I
10.9 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/Phase III Construction Schedule
Exhibit B Budget
Exhibit C Pre -Sale Purchasers -List
Exhibit D Affirmative Marketing Procedures
10.10 Waiver of Jury Trial. Neither the Developer, the Contractor, its subcontractor(s)
nor any other person liable for the responsibilities, obligations, services and representations herein,
nor any assignee, successor, heir or personal representative of the Developer, 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 Developer, the
Contractor, 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.
10.11 Contingency Clause. Funding for this Agreement is contingent on the availability
of funds and continued authorization for the CITY Grant and is subject to amendment or
termination due to lack of funds and/or reduction of funds.
10.12 Approval oval by the Oversight Board. The Governor of the State of Florida has
appointed an Emergency Financial Oversight Board (the "Oversight Board") which is empowered
to review and approve all pending CITY contracts. As a result, contracts shall not be binding on
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the CITY until such time as they have been approved by the Oversight Board. Execution of this
Agreement by the City Manager shall constitute evidence of its approval by the Oversight Board.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed
by their undersigned officials as duly authorized, this day of , 1997.
CITY OF MIAMI, a municipal Corporation
ATTEST: of the State of Florida
By
WALTER J. FOEMAN EDWARD MARQUEZ
CITY Clerk CITY Manager
DEVELOPER:
Indian River Investments of Miami, Inc.
ATTEST: a Florida corporation
Corporate Secretary
APPROVED AS TO INSURANCE
REQUIREMENTS:
Risk Management Department
LKK/W 185
Rev.4/22/97
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TED H. WEITZEL
President
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN JONES, III
CITY Attorney
11512
aCITY OF MIAMI, FLORIDA 0
INTER -OFFICE MEMORANDUM
TO : Honorable Mayor and Members DATE : May 1, 1997
of the City Commission
16
SUBJECT : Ordinance/Poinciana
Village
Condominiums Phase III
FROM REFERENCES: Construction Grant
p-E d Marquez
City Manager ENCLOSURES:
RECONUVVIENDATION
FILE :
It is respectfully recommended that the City Commission approve the attached ordinance
providing for the establishment of a new special revenue fund entitled "Poinciana Village
Condominiums Phase III Grant" and appropriating funds for the operation of same in the
total amount of $363,000, and directing the City Manager to reimburse the Southeast
Overtown/Park West Community Redevelopment Agency Trust Fund Account in the
amount of $221,417.60 from the special revenue herein established.
BACKGROUND
On June 13, 1996, Resolution No., 96-430 has passed directing the City Manager to
provide $363,000 in the form of a grant from the sale proceeds of either or both of the
Saint Hugh Oaks Condominiums or Melrose Townhomes, to Indian River Investments,
Inc. (the "Developer'') for the construction of Poinciana Village Condominiums Phase III
(the "Project").. The Developer began Phase III of the Project on February 4, 1997 and
Herb Bailey, the Executive Director of the Community Redevelopment Agency (CRA),
forwarded a request to the City for the full grant amount via a memorandum dated March
13, 1997.
The CRA notified the City that the contractor on the Project would walk off the job if
they did not receive payment from the Developer by April 25, 1997. To effectuate
Resolution No. 96-430, a grant agreement was executed by and between the City of
Miami and the Developer on April 24, 1997. However, the City Commission must first
approve an appropriation ordinance before any payment of the grant. As sufficient time
was not available to process and place on an earlier Commission agenda, and to avoid the
consequences a walk out would have on the project, the CRA advanced to the Developer
the first draw request of $221,417.60, in accordance with the attached Grant Agreement.
1-1512
•
.NOTICE
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 11512
In the ................
XXXXX..................... Court,
was published In said newspaper in the Issues of
Jun 20, 1997
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami In said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published In said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall matter at the post
office in Miami In said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of ad ement; and affiant further says that she has
neither d n promised any person, firm or corporation
any dls unt, bate, commission or refund for the purpose
of sec ring Is advertisement for publication In the said
r and subscri afore me thig
20 une '�
.... . day .......... .... . ... D. 19......
(SEAL)1RY pU OFFICIAL NOTARYSEAL
Sookie Wllllamlly know o mBANETT LLERENA
n COMMISSION NUMBER
CC566004
L0_211.`F2_L0(1,
MY COMMISSION EXPIRES
DUNE 23,2000
All interested persons will take notice that on the 9th'"day of June,
1997, the City Commission of Miami, Florida, adopted the following ti-
tled ordinances:
ORDINANCE NO. 11505
AN EMERGENCY, ORDINANCE ESTABLISHING THREE (3)
SPECIAL REVENUE FUNDS' -ENTITLED: "JTPA TITLE II -A /
ECONOMICALLY DISADVANTAGE: ADULTS (PY '97)," -
"JTPA TITLE II-C / ECONOMICALLY DISADVANTAGED
YOUTH' (PY.'97)," AND "JTPA" TITLE III / DISCLO.CATED
WORKERS (PY:'97)," AND APPROPRIATING-FUNDS''FOR
OPERATION OF;=EACH COMPONENT IN THE:' RESPEC
TIVE AMOUNTS OF. $344,655; $101,200-AND $381,800,
" FROM U:S. DEPARTMENT OF`LABOR GRANT, AWARDS; "
AUTHORIZING THE'CITY MANAGER TO EXECUTE THE
NECESSARY .AGREEMENTS, IN. A: FORM -ACCEPTABLE -
TO` THE`;CITY ATTORNEY, WITH THE SOUTH'" FLORIDA' '
EMP�OYI EENT'' AND TRAINING CONSORTIUM (SFETC)
FOR THE ACCEPTANCE OF,SAID GRANTS; CONTAINING'
A .'REPEALER- "PROVISION, - -AND : ASEVERABILITY
CLAUSE
ORDINANCE NO: 11506
AN'EMERGENCY ORDINANCE ESTABLISHING A-OFglAL
REVENUE-FUND_ENTITLED`. •"CALI CARTEL" ENFORCE
MENT AND APPROPRIATING FUNDS FORTHE-OPERA `
TION OF SAME IN A TOTAL AMOUNT-. $27,500.00,
CONSISTING -OF A GRANT FROM.THE MONROE COUNTY .
SHERIFFS OFFICE; AUTHORIZING THE CITY MANAGER
TO ACCEPT SAID, GRANT AND TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORMACCEPTABLE TO
THE CITY ATTORNEY., FOR THIS, PURPOSE; CONTAIN-,
ING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
ORDINANCE NO. 11507• f
AN EMERGENCY ORDINANCE ESTABLISHING.A SPECIAL
REVENUE' FUND. ENTITLED: "STREET LEVEL, HEROIN �
SUPPRESSION;" -AND -APPROPRIATING FUNDS.FOR THE
OPERATION ' OF -,SAME---IN: A TOTAL AMOUNT. -;OF
$NG 22,500.00,•,CONSISTIOF A GRANT:FROM THE, MON-
ROE COUNTY SHERIFFS OFFICE; AUTHORIZING THE
-CITY MANAGER TO. ACCEPT SAID -GRANT AND -.TO j
EXECUTE THE NECESSARY -'DOCUMENTS,. IN A .FORM
ACCEPTABLE .TO THE CITY ATTORNEY, FOR _.THIS
PURPOSE; CONTAINING A•REPEALER PROVISION AND
SEVERABILITY CLAUSE. '
ORDINANCE NO. 11508- ,
AN EMERGENCY_ ORDINANCE ESTABLISHING A SPECIAL
REVENUE .FUND ENTITLED: "PROGRAMS FOR -THE
DEVELOPMENTALLY DISABLED-- 1997-98"; APPRO,
PRIATING FUNDS F.OR..THE OPERATION OF SAID' PRO-
GRAMS, IN.'
ESTIMATED TOTAL AMOUNT $323,190,
CONSISTING OF A GRANT;.IN-AN,ESTIMATED AMOUNT
OF $44,838; FROM.. THE STATE, OF FLORIDA DEPART-
MENT OF CHILDREN AND FAMILIES AND A GRANT, IN AN
ESTIMATED AMOUNT OF-$278,352, FROM THE STATE OF
FLORIDA AGENCY FOR HEALTHCARE ADMINISTRATION,
MEDICAID PROGRAM DEVELOPMENT; -CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 11509 _
AN EMERGENCY ORDINANCEAMENDING ORDINANCE
NO... 11274, ADOPTED JULY 13, 1995, AS' AMENDED,
WHICH ESTABLISHED A SPECIAL REVENUE FUND EN-
TITLED: "INITIATIVES GRANT FOR OUTREACH- TO. THE
HOMELESS" BY FURTHER INCREASING THE ,APPRO-
PRIATIONS TO SAID FUND, 1N THE AMOUNT OF
$261,105, CONSISTING OF A GRANT FROM THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN" DE-
VELOPMENT ("USHUD")THROUGH THE_D.ADE COUNTY
HOMELESS TRUST ('TRUST'% AN AGENCY;OF METRO-
POLITAN DADE-COUNTY; AUTHORIZING THE.CITY MAN-.
AGER TO EXECUTE THE, -NECESSARY DOCUMENTS; IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS
PURPOSE; -CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE..
'ORDINANCE NO: 11510 i
AN .EMERGENCY' ORDINANCE AMENDING CAPITAL
IMPROVEMENTS ORDINANCE: NO. 11337, AS AMENDED,,
ADOPTED JANUARY 25, 1996; CONTINUING AND REVIS-
ING PREVIOUSLY. APPROVED'- SCHEDULED .CAPITAL
IMPROVEMENT 'PROJECT. NO. 351283 ENTITLED: 'WAT-
SON ISLAND -SANITARY SEWER"; CONTAINING A.REPE- _
ALERPROVISION.AND A SEVERABILITY CLAUSE.
�,gRPINANCE:NO. 115
a AN.ORDINANCE ESTABLISHING A NE =;SPECIAL REVE,-'
NUE FUND ENTITLED::,'!MIAMF.SIMPSOWPARK ,EDUCA
TION, PROGRAM".:AND APPROPRIATING FUNDS FOR
THE OPERATION " OF .SAME. IN THE "AMOUNT OF
$3,500.00, CONSISTING OF A GRANT FROM THE FLOR-
IDA DEPARTMENT: OF STATE; DIVISION OF HISTORICAL.
RESOURCES; AUTHORIZING' THE,, CITY MANAGER TO
' ACCEPT,SAID GRANT AWARD AND TO -EXECUTE THE
NECESSARY. DOCUMENTS„ IN A FORM ACCEPTABLE TO
THE -"CITY ATTORNEY, FOR SAID, PURPOSE; CONTAIN-
ING .A -REPEALER, PROVISION -MD. A SEVERABI_LITY-
CLAUSE..--
. ORDINANCE NO: 1.151 - -
AN.ORDINANCE, WITH ATTACH - , ESTABLISHING
A NEW SPECIAL. REVENUE FUND ENTITLED: "POIN-
CIANAMILLAGE CONDOMINIUMS PHASE III CONSTRUC-
TION GRANT" AND. APPROPRIATING -FUNDS FOR THE
OPERATION •OF SAME -IN THE TOTAL AMOUNT OF
$363,000,00, CONSISTING OF FUNDS FROM THE -SALE
PROCEEDS OF THE MELROSE TOWNHOMES; AUTHOR-
IZING EXPENDITURES• FROM ,SAID. FUND; FURTHER
AUTHORIZING:THE-CITY. MANAGER TO_EXECUTE THAT
CERTAINGRANT,AGREEMENT BETWEEN • 1-It.CITY OF
MIAMI, FLORIDA,AND INDIAN•-RIVER INVESTMENTS. OF .
MIAMI, INC., IN SUBSTANTIALLY .THE ATTACHED. FORM,
AND ANY OTHER NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE -TO THE CITY ATTORNEY TO"EFFECTUATE
SAID GRANT;: DIRECTING THE, CITY MANAGER. TO REIM-
BURSE THE SOUTHEAST bVERTOWN(PARK •WEST
COMMUNITY REDEVELOPMENT :AGENCY TRUST FUND
ACCOUNT IN THE -AMOUNT OF, $221•;417.60 FROM THE
HEREIN:ESTABLISHED SPECIAL' REVENUE,FUND;,CON-
TAINING A REPEALER PROVISION AND,A SEVERABILITY
CLAUSE.
-ORDINANCE NO. 11513.
AN EMERGENCY. ORDINANCE. AMENDING CAPITAL-
-IMPROVEMENT ORDINANCE -NO. 11337,..AS AMENDED, !
ADOPTED JANUARY-25,. 1996, ,HEESTABLISHING
A NEW CAPITAL IMPROVEMENT PROJECT NO. 322055,
ENTITLED: "ART IN "PUBLIC PLACES - MIAMI DESIGN
DISTRICT" AND APPROPRIATING $250,060 FOR SAID
PROJECT, CONSISTING .OF A, GRANT IN SAID AMOUNT
FROM THE MIAMCSPORTS &, EXHIBITION. AUTHORITY
("MSEA"); AUTHORIZING THE •,CITY. MANAGER TO EXE-
CUTE- THE ;NECESSARY- DOCUMENTS,-- IN A- FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH MSEA TO
ACCEPT SAID GRANT; CONTAINING A REPEALER: PRO-
VISION AND A SEVERABILITY CLAUSE; PROVIDING FOR
AN EFFECTIVE DATE• . }{
Said ordinances maybe:inspected by the public, At. the.Office.of the
City Clerk, 3500 Pan-American. Drive, Miami, Florida, Monday through
Friday,,excludiri9 holidays; between the hours'of 8:a.m. and 5 p.m. t
r` *s WALTER J. FOEMAN i
a c CITY -CLERK
r(#4676)
6/20 �_ <� 97 4 062015M
•