HomeMy WebLinkAboutR-91-0123RESOLUTION NO. y 1- 1.23
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO MACE AVAILABLE AND TO
DISBURSE FUNDS IN THE AMOUNT OF APPROXIMATELY
$288,640 FROM THE 16TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM, IN THE FORM
OF A GRANT, IF FEDERALLY APPROVED, FOR THE
PURPOSE OF PROVIDING FINANCIAL ASSISTANCE TO
FLORIDA HOUSING COOPERATIVE, INC. FOR THE
ACQUISITION OF THREE (3) PARCELS OF VACANT
LAND LOCATED AT APPROXIMATELY 1025 WEST
FLAGLER STREET IN THE LITTLE HAVANA COMMUNITY
DEVELOPMENT TARGET AREA, IN CONNECTION WITH
THE DEVELOPMENT OF A MIXED -USE COOPERATIVE
HOUSING PROJECT AFFORDABLE TO LOW AND
MODERATE INCOME FAMILIES IN THE CITY OF
MIAMI; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
FLORIDA HOUSING COOPERATIVE, INC., FOR THE
PROVISION OF SAID FUNDS; FURTHER INSTRUCTING
THE CITY MANAGER TO INCORPORATE PROVISIONS IN
THE AGREEMENT AND DEED WHICH ENSURE THAT
TITLE TO THE SAID PARCELS SHALL BE DEEDED TO
THE CITY IF CONSTRUCTION ON THE PROPOSED
MIXED -USE COOPERATIVE HOUSING PROJECT IS NOT
UNDERWAY WITHIN TWENTY-FOUR ( 24 ) MONTHS FROM
THE DATE FUNDS ARE DISBURSED BY THE CITY
PURSUANT TO THIS RESOLUTION; FURTHER
ALLOCATING AND AUTHORIZING FUNDS FROM 16TH
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
PROJECT ENTITLED "HOUSING COOPERATIVE,
PROJECT NUMBER 799222, INDEX CODE 451651, TO
FUND THE COST OF SAID ACQUISITION.
WHEREAS, there exists a severe shortage of standard housing
in the City of Miami affordable to families and individuals of
low and moderate income; and
WHEREAS, the City Commission recognizes that the
participation of both the public and private sectors is necessary
to foster the development of rental housing in the City of Miami
within the affordability range of families and individuals of low
and moderate income; and
j WHEREAS, on April 12, 1990, representatives of Florida
i
Housing Cooperative, Inc., appeared before the City Commission to
request funding in the amount of $300,000 from the City's 16th
Year Community Development Block Grant Program,
ATTACHMENTS
CONTAINED
I
of stboulhting the development of cooperative housing units in
the City; and
WHEREAS, on April 12, 1990, through Motion No. 90-299, the
City Commission instructed the City Manager to allocate $300,000
in 16th Year Community Development Block Grant program funding to
Florida Housing Cooperative, Inc., in connection with the
rehabilitation, construction and/or acquisition of an existing
multifamily apartment building(s) or vacant land for the purpose
of increasing the availability of cooperative housing units in
the City; and
WHEREAS, in November of 1990, Florida Housing Cooperative,
Inc. identified three (3) vacant parcels located in the Little
Havana neighborhood for acquisition, situated between West
Flagler Street and Northwest 1st Street between Northwest loth
and 11th Avenues, for the development of a forty (40) unit
cooperative housing project on the aforementioned parcels; and
WHEREAS, on December 27, 1990, an appraisal report was
prepared by J. Mark Quinlivan, MAI, SRPA, and it was determined
that the fair market value of the three (3) vacant parcels was
$305,000; and
WHEREAS, Florida Housing Cooperative, Inc. has negotiated a
purchase and sale contract with the owners of the subject parcels
for $300,000; and
WHEREAS, efforts to secure the property for valid public and
municipal purposes through negotiations should be undertaken by
the City and Florida Housing Cooperative, Inc.;. and
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-WHEREAS, once acquired, the assembled sites will be
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developed by Florida Housing Cooperative, Inc., in connection
with the development of a cooperative housing project affordable
to low and moderate income families and individuals; and
WHEREAS, funds are available in the total amount of-$288,640
from`16th Year Community Development Block Grant Program, Project
entitled "Housing -Cooperative", Project Number 799222, Index Code'
451651,E to provide financial assistance to Florida Housing
Cooperative, Inc. in the form of a grant to defray the cootof
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acquiring the subject parcels; and
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WHEREAS, it is the intention of the City Commission that the
subject funds be used for acquisition of land upon which a
muted-qse (residential -commercial) development shall be
constructed; and
WHEREAS, the applicant, Florida Housing Cooperative, Inc.,
has indicated on the record, on this date, that said project
would, in fact, be mixed -use;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
x
Preamble of this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to make
available and disburse funds in the amount of approximately
$288,640 from the 16th Year Community Development Block Grant
Program, Project entitled "Housing Cooperative," Project Number
799222, Index Code 451651, in the form of a grant, if federally
approved, to assist Florida Housing Cooperative, -Inc. in the
acquisition of the said parcels.
Section 3. The City Manager is hereby authorized to
negotiate an agreement between the City of Miami and Florida
'
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Housing Cooperative, Inc., in substantially the attached form
(.Attachment ..B"),, for the provision of the $288,640 in City
assistance to Florida Housing Cooperative, Inc. from the 16th
Year Community Development Block Grant Program, Project entitled
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"Housing Cooperative," Project Number 799222, Index Code 451651,
for the purpose of assisting the aforementioned not -for -profit
corporation in the acquisition of three (3) vacant parcels,
Iodated at approximately 1025 West Flagler Street (more
particularly described on Attachment "A"), for the purpose of
developing a forty (40) unit cooperative housing project on said
site in the City of Miami.
Section 4. The City Manager is hereby instructed to
`
E.
require that full title to said parcels shall Ytivett to the
City of Miami if building permits are not obtained and
construction on the proposed mixed -use project is not underway
within twenty-f6ur (24) months from the date funds are disbursed g
pursuant to this Resolution.
Section 5. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this
1991.
COMMUNITY
REVIEW:
•L\ \iL7V iiii•YYLi, Lii\Llyi
ARTMENT OF COMMUNITY
DEVELOPMENT
PREPARED AND APPROVED BY:
)HIEF
EL E. LL
ASSI TANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
R
14th day of
sow
BUDGETARY REVIEW:
ANA, DIRECTOR
AND BUDGET `�"
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or P PRATY. TO
ACMIRSO
1025 West Flagler
Street and legally
described as
Lots
4, 15 and 16,
less the South 10
feet, Block
13,
Laurence Estates
Land Company's Subdivision, Plat
Book
2, Page 46, bade
County, Florida.
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123ATTACHMENT
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zul f--v r'11Z ENTERPRISES, l
LICENSED R.E. BROKERS i
PORTOFINO SHOPPING CENTER a 959 S.W. 87th AVE., MIAMI, FLA. 33174 a 1309) 279-0805
PURCHASE PRICE ON LAND ARE TO BE FIXED AS PRICE STATED IN THE FRONT OF THE CONTRACT.
1. ABSTRACT: The erllsr.st hl■rrru,ei■. ■halir,wnl■h in.k...,.w.w,.,.�.
to
4.
r seller agrees to convey title
or encumbrances which are r
will not be tesponaibl
does not execute the
sale is not closed bet
and the sale Is not etc
the seller cavina one
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liar Orin* sells raattorney wll
It the buyer may order an •
IIn date of
that the proper
of Is', unless otherwise sp
t assumed by the $alter. Prc
disbursed at the time of the
of all encumbrances, except
nt of the b
event, the
*cause of
or
.rnu rennnrw;im the coating utau as neta of
I an Ih• lace her*ol. The risk of loss ordama,
must have ingress and egress.
sement of other proceeds, unless olherwl.
I laws, toning ordinances or regulations, Si
Py the sells shall -be delivered lathe buyer fro
7. FAILURE OF GOOD AND MARKETABLE TITLE: Should the buyer find on examination of the abstract of title that the seller's title to it,
land is nor good and marketable of record, the buyer shall forthwith notify the seller of said defects In writing and thereafter the seller agrees l
use reasonable diligence to make the some good and marketable of record and shall have a reasonable time therefore, but not to exceed 3
days from the date of receipt of said notice, unless otherwise agreed by the parties, and II after the exerclas of such reasonable diligence Ih
title shall not be made good and marketable of record and Insurable as described In paragraph 1 above, all deoalts made shall forthwith i
repaid to the buyer, whose acceptance thereof shall render this contract terminated and release all parties from any further lights, dutlu
liabilities or obligations hereunder, or of buysrs request the seller shot Ideliver the title In Its existing condition upon compliance y the buy
with the other terms of this conlrao4 and In suc haven) the seller shall be released end relieved from any duty or obligations to make such tit
good and mackstable of record
S. ENCUMBRANCES: Encumbrances shall be discharged by the seller may be paid out of purchase money to be received at the date
closing of sellers option.
9. ESCROW FUNDS: The buyer shall reimburse the Seller for assignment of escrow funds held by the tradfaCpee It any.
10. MORTGAGE ESTOPPEL LETTER: The seller shall cause the mortgagee to Issue a mortgage estoppel letter to bs delivered to the sell
Indicating the balance due the next payment due, the amount Olin* payment, the amount or escrowed funds and the Insurance agent
11. IMPROVEMENT LIENS: Improvements accruing to the premises, such as paving of streets or Installations of Side walk*, etc., which ai
completed but not paid for as of date the purchaser signs this contract, shall be paid for W closing by the seller. Repairs or other wot
performed on the property shalt be paid for by the seller prior to or at closing. Improvements to the premises which have been authorized t
proper government authority but upon which no work has commenced or upon which work Is In progress but not compl*ted shall be paid fort.
Iasumed by the buyer.
12. INSURANCE: The buyer has the option to accept the existing hazard Insurance and may pay the unearned premium for the same.
Mortgages Is entitled to fire and extended coverage Insurance and the buyer may Increase the amount of coverage to cover anyoutatandin
non0psopas and shall pay for the same. Seller will on request cancel existing Policies.
13. PURCHASEMONEY MORTGAGES: Itb the provisions of this contract, a purchase money note and mortgage are lobe delivered bylh
)uyer, he will pay for the preparation of sold mortgages and note, upon such terms of payment, Interest rate, maturity dale, grace patio,
sceivershipcause Insurance clause, pprerpaymentp vilees or other necessary provisions of this sales contract shall contain and upon suc
arms as are agreeable to the altorneyfor tha seller. The Intangible personal property taxes for the purchase money mortgage shall be paid b
he mortgagee. The Documentary stamps to be allixod to the note or notes, secured by the purcha" money mortgage shall be paid by in
non agor. The preparation of the note andtnortgaoe shall be also at the cost of the mortgagor.
14. INTEREST: Interest on existing mortgages shall be pro -rated as of the end of the day Immediately preceding the date of closing, unles
hey are to be satisfied from clatinG proceeds, In which event all Interest to date of payoff shalt be paid by seller.
b. INVENTORY OF PERSONAL PROPERTY: If personal property Is being sold in connection with the sate of reaLeslete, the agreemo,
snail contain or have attached thereto a detailed Inventory of the personal properly. AI the c►osing or the fran"cilort, ins *oiler, at his expend,
shall deliver to the purchaser a Bill of Sale containing the delailed Inventory of the personal property.
I& LEASES AND PRORATION OF RENTS: It the property has tenants or Is encumbered by leases, the rents shall be pro -rated i
accordance -with the mannerol payments as of the end of the date Immediately preceding the dale of closing and deposits, it any, will b
credited. All lease& shall be assigned to the buyerand delivered to the buyers! closing. Sellerto prepare letters to each tenant notifyin
the tenant of the transfer of the title to the now owner and directing that all future payments are to be made to the new owner.
17. MECHANICS LIENS: The pr000rty tit being Said tract and clear Wall possible mechanic's, materialsmen's or other liens for work done
material furnished for the Iprovement of the premises. If the 1provemenle have been completed lose then 90 days prior to date of closing, th
seller shall furnish security against mechanics Ilan or evidence of payment of the Ilene by releases or waivers of lien, acceptable to the buye
In addition, the seller at closing shall supply the buyer with a mechanic's lien affidavit In form acceptable to the buyer, This Affidavit to b.
prepared at the expense of the seller,
18. POSSESSION: Possession and occupancy will be delivered at closing unless otherwise agreed and Set forth herein.
19. PRO -RATION OF TAXES: Real and personal properlytaxes shall be pro -rated on the basis or the preceding year and will again be prc
rated when the taxes for the current Year are published, Taxes are to be pro•rafad as of the and of the day Immediately preceding the date c
closing based upon the net taxes after the deduction of the maximum allowable discount, as of the date of closing.
20. . TRANSFER FEES: II there to any Charge for a change of ownsrohip records bye mortgage, this charge will be borne equally by the buyb
and the seller.
21. The Buyer and the Salter have been advised by the Real Estate Broker to conault an attorney, the Buyer and Seller acknowledge that the
will not hold the Real Estate Broker liable se a result of not consulting an attorney.
ESCROW AGENT. �•:• •.....,
PU J34 H A S E R �,.f, /=�G, Nos coo DATE DATE
PURCHASER DATE SELLER DATE
LAST RITE OF SUCUTION
Commission shall be $15,000.00 paid by the seller
Accepted by
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AI?DENDUM TO CONTRACT FOR PURCHASE OF TIRES LOTS BY FLORIDA HOUSING
COOP99ATXVZ
if . THIS CONTRACT IS CONTINGENT UPON FLORIDA HOUSING OBTAINING
FUNDING ST SOTH THE CITY OF MIAMI AND THE STATE OF FLORIDA.
a. TWO HUNDRED NINETY THOUSAND DOLLARS OF THE PURCHASE PRICE
WILL BE PAID TH CASH SHOULD THE CITY Or MIAMI APPROVE SAME.
3. A TRN THOUSAND DOLLAR PAYMENT WILL BE MADE FROM FUNDS
WHICH WILL BE RECEIVED FROM THE STATR OF FLORIDA SHOULD THE
STATE APPROVE SAME.
4.
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COMACT SNALL BE EFF=IVE FOR A'PERIOD OF FORTY-FIVE DAYS FROM EXk7MION.
5. THE SELLER AGREES TO PAY THE SUM OF SEVEN THOUSAND
FIVE'HUNDRED DOLLARS EACH TO THE BROKERS IN THIS TRANSACTION,
SILVIA E. BORELL AND ZULLY RUIZ. SAID MONIES TO BE PAID DIRECTLY
TO BROKERS AT CLOSING. A TOTAL OF FIFTEEN THOUSAND DOLLARS.
6. NO PENALTY WILL'BE PUT UPON FLORIDA HOUSING COOPERATIVE,
INC'., SHOULD THE TRANSACTION NOT CLOSE.
FLORIDA HOUSING COOPERATIVE, INC.
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PpesrDEVT.
SELLS
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P"RESENTATIVE
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Drerr05i1 REC61p't �1N0 BALD PUN$FIAf�S AOpESMteNt The 01.
gr�ttwd rrcwn _ _ --
_ - t�ilitre t+t..
the sum of
to be held In esorow bySup anthigm gjM.Agent as a deposit on &Count of the punch,
price of the follow" 13"Ve tY
r�iCf IptiOn Or
•Lot 4, 15 and �-16 Block 13
LA%Mtz 15STATES AND LAND CO.
'Subdivision Mat Book 2 page 46 lees.the S. 10 feet
of Lots 15 ♦ 16.
Dade County' Florida.
Sae addendum as"Sxhibi.t A"
Dollars i inn Ono, an
Purchase price Three Hundred _ ThouE_nd
Terms and condition of 6"
THIS..AN ALL CASH TRANSACTION.
SEE ADENDUM FOR.SPECIAL.TEkMS.
21
The broker In this tsaction 4 ZULLY R IZ ENTERPRISES, INC.
ran
The seller agrees to sell and � uherein F
rnsagetforthonthe everaesde�olthhiscproperty Time is of theessand� a oflhis�contracta
forth, incuding the terms and the seller and the buyer, their heirs, personal ropresontativ.
the terms of this contract shall be binding uQon both parties, ,
successors and "aw" R
Upon execution by both the Buyer and Seller, this Deposit Receipt shall become a Real Estate READSalo-pHIS C Contra
incorporating all terms on the reverse exceppt as otherwise specifically mod0led on the race hareol. READ THIS CONTRAS p
FULLY ON THE FRONT AND REVERSE 81DE8 PRIOR TO 810NATURE
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Signe4 sealed and delivered In the prasertce.oh
11V1 as to.euyer
Date-i�- BUYER&. • .
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�— .. CARLOS R RI"UEZ UESADA P 8. .
d D Seller.
Deposit Receipt - Receipt Is hereby acknowledg ed of the Gum or
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NEROItANDUM OP AGREEMENT
DETKEEN
CITY OF KIAKI
AND
PLORIDA NOISING COOP9AATIVE, INC.
THIS AGREEMENT entered into this day of ,
1991, by and between the City of Miami, a municipal corporation
of the State of Florida, (hereinafter referred to as the "CITY"),
r
and Florida Housing Cooperative, Inc. , (FHC) a not -for -profit
corporation of the State of Florida (hereinafter referred to as
"CONTRACTOR").
WITNESSETH
WHEREAS, there exists a severe shortage of standard housing
in the City of Miami affordable to families and individuals of
low and moderate income; and
WHEREAS, the City Commission recognizes that the
participation of both the public and private sectors is necessary
to foster the development of rental housing in the City of Miami
within the affordability range of families and individuals of low
k
and moderate income; and
WHEREAS, on April 12, 1990, representatives of Florida
Housing Cooperative, Inc. appeared before the City Commission to
_
request funding in the amount of $300,000 from the City's 16th
Year Community Development Block Grant Program, for the purpose
of stimulating the development of cooperative housing units in.
the City; and
WHEREAS, on April 12, 1990, 'through Motion No. 90-299,`the
City Commission instructed the City Manager to allocate ''$300,000
in 16thi Year Community Development Block Grant Program funding to
Florida Housing Cooperative, Inc., in connection with the
rehabilitation, construction and/or acquisition of an existing-
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multifamily apartment building(s) or vacant land for the purpose
ofncres ng 16 e, ava lability of cooperative t"Qus ng; unita iri
_-EREAS# in November of 1990, Florida Housing Cooperative,
-
Inc. identified three (3) vacant parcels located in the Little
Havana neighborhood for acquisition situated between West Plagler
-
Street and Northwest lat Street between Northwest loth and llth
Avenues, for the development of a cooperative housing project on
the aforementioned parcels; and
WHEREAS, on December 27, 1990, an appraisal report was
prepared by J. Mark Quinlivan, MAI, SRPA, and it was determined-
that the fair market value of the three (3) vacant parcels was
f
$305,000; and
WHEREAS, Florida Housing Cooperative, Inc. has negotiated a
-
purchase and sale contract with the owners of the subject
parcels for $300,000; and
WHEREAS, efforts to secure the property for valid public and
_
municipal purposes through negotiations should be undertaken by
the City and Florida Housing Cooperative, Inc.; and
—
WHEREAS, once acquired, the assembled sites will be
i
developed by Florida Housing' Cooperative, Inc., in connection"
with the development of a cooperative housing project affordable
to low and moderate income families and individuals; and
WHEREAS, funds are available in the total amount of $288640'
f;
from 16th Year Community Development Block Grant Program, Project
entitled 'Housing Cooperative,' Project Number 79922, Index Code
451651, to provide financial assistance to Florida Housing
Cooperative, Inc. in the form of a grant to defray the cost of
acquiring the subject parcels.
ROW, THEREFORE, in consideration of the promises and 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
DEFINITIONS:
For the purpose of this Agreement the following terms shall be
defined as set forth below;
;' e
'+CITY tlANAOBit" shall mean the Chief Administrative Officer
of the City of Miami who will be construed to include any
duly authorized designee, such as an Assistant City Manager
and/or the City of Miami Department of Development and
Housing Conservation (the "Department").
1.2
'CONTRACT FOR_SALE AND PURCHASE' shall mean the Agreement
(See Attachment 2) between Seller and CONTRACTOR.
1.3
'FORM OF OiiNERSHIP' shall be a legally incorporated housing
cooperative. The shares of stock in the cooperative shall
be sold to low income individuals or families, as defined
by the United States Department of Housing and Urban
Development. Said shares shall entitle the stockholder to
homeownership rights in the PROJECT.
1.4
'PROJECT' shall mean the acquisition of unimproved land and
/mixed -use
the development of a cooperative housing project to be
constructed thereon, as a result of this grant.
i.
1.5
"PROPERTY' shall mean the property to be acquired by the
CONTRACTOR located at 1025 West Flagler Street and legally
described as Lots 4, 15.and 16, less the South 10 feet,
Block 13, Lawrence Estates Land Company's Subdivision, Plat
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Book 2, Page 46, Dade County, Florida.
£,
1.6
'SELLER' shall mean Latin Quarters Center, Inc., owner of:
the Property to be acquired by the CONTRACTOR on which, to
develop the proposed PROJECT.
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ARTICLE II
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2.1
SCOPE OF SERVICES:
CONTRACTOR'S scope of services shall be to:
1) Acquire the PROPERTY located at approximately 1025 West
Flagler Street,
2) Identify and proceed to acquire the additional funding
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required to realize the development of the proposed
PROJECT.
Pull Oldihg legtrUotibh
3) permits and begin of the
Pr'uJeUt before the date of dispersal of funds by the
City, pursuant to Resolution No. 91-123, adopted on
February 140 1991.
4) Maintain records reflecting the City's monetary
contribution to the project which will not exceed the
amounts allocated herein.
ARTICLE III
3.1 COMPENSATION:
City shall pay CONTRACTOR a maximum compensation of
approximately two hundred eighty-eight thousand six hundred
forty dollars ($288,640) as a grant specifically for the
purchase of the PROPERTY required for the development of
the project.
3.2 TIME OF PERFORMANCE:
The term of this Agreement shall be 24 months from the date
of dispersal of funds by the City, pursuant to Resolution
No. 91-123, adopted on February 14, 1991.
3.3 CITY AUTHORISATION:
For the purpose of this Agreement, the City of Miami,
Department of Development and Housing Conservation,
(hereinafter the "DDHC") will act on behalf of the CITY -in
the fiscal control, programmatic monitoring, and,
!
modification of this Agreement, except as otherwise
provided by this Agreement.
3.4 ENTIRE AGREEMENT:
This instrument and its attachments constitute the sole and
—
only Agreement of the parties hereto relating to said grant
and correctly set forth the rights, duties, and obligations
of each to the other as of its date. Any prior agreements,
promises, negotiations or representations not expressly set
forth in this Agreement are of no force or effect.
3.5 OBLIGATION OF CONTRACTORS
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The CONTRACTOR shall carry out the services as prescribed
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in the Scope of Services of this Agreement in a lawful, and
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proper manners satisfactory to the CITY, in accordance with
the written policies; procedures, and requirements as
prescribed in this Agreement, as set forth by the United
-
States Secretary of Treasury and the City of Miami
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Department of Development and Housing Conservation.
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3.6 RETENTION OF RECORDS:
CONTRACTOR shall retain all financial records, supporting
documents, statistical records, and all other records
pertinent to this Agreement for a period of three years
within Dade County, Florida after the termination date of
this Agreement.
3.7 BONDING AND INSURANCE:
CONTRACTOR shall maintain insurance and bonding coverages
acceptable to the City Insurance Coordinator. Prior to
commencing any activity under this Agreement, the
CONTRACTOR shall furnish to the CITY certificates of
insurance and bonding indicating that the CONTRACTOR is in
compliance with the provisions of this article.
CONTRACTOR shall provide the following coverages:
a) Insurance coverage that reflects sound business'
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practices acceptable to the City Insurance Coordinator.
b) Fidelity bonding for all persons handling funds
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received or disbursed under this Agreement in an amount
equal to or greater than the maximum amount of cash
held at any one time. The bonds shall be in a form"
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- acceptable to the City Attorney and the Insurance
Coordinator.
CITY shall be the primary additional insured on all
i
insurance policies and there shall be no exclusions in such
policies to override the CITY's coverage.
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Compliance with the foregoing requirements shall not
ARTICLE IV
4.1
SPECIAL CONnITiONS:
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Title to the PROPERTY shall vest in the CITY, if construction
of the PROJECT, under the terms of ARTICLE 11 of this Agreement,,
_
is not initiated within 24 months from date of dispersal of funds,,
by the City, pursuant to Resolution No. 911-123, adopted
February 14, 1991.
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4.2
LIENS:
On the date of acquisition, the PROPERTY is to be free and
,
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clear of any outstanding liens and encumbrances.
'`—
4.3.
PARTNERSHIP AGREEMENT:
i
The CONTRACTOR shall not enter into any partnership
agreements for the development of the PROJECT without first
obtaining authorization of the CITY.
4.4
PROJECT PLANS:
The CONTRACTOR agrees to submit all architectural and
construction plans to the CITY for approval prior to
'
applying for a Building Permit. Approval will not be
unreasonably withheld.
4.5
PROJECT FINANCIAL COMMITMENTS:
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The CONTRACTOR agrees to submit all financial proposals for
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the development of the PROJECT to the CITY for approval
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prior to the acceptance of any financial commitments.
4.6
GENERAL ACTIVITIES:
'Yt
The CONTRACTOR agrees to obtain CITY approval prior to any
activity that could result in the placement of any liens"on.
the PROPERTY unless the activity is of an emergency nature.
!a
3
ARTICLE V
�3
!
4
5.1
FINANCIAL ACCOUNTABILITY:
CITY' reserves the right to audit the records of CONTRACTOR
a
at any time during the performance of this Agreement and
e
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for a period of three (3) years after final payment is made
;
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under this Agreement. Any payment theretofore made shall
R
ha nothian_t +nrs.Awof-inn fnr smeunt a i nnindad In the raIat 66
invoice which are found by the CITY, on the basis of such
audit, not to constitute allowable expenditures. Any
-
a
payment made to the CONTRACTOR is subject to reduction for
overpayments on previously submitted invoices.
5.2 RECAPTURE OF FUNDSt
CITY reserves the right to recapture funds if the
CONTRACTOR fails (i) to comply with the terms of this
Agreement or (ii) to accept conditions imposed by CITY at
-
b
the direction of the federal, state and local agencies, or
(iii) to comply with any agreement heretofore or
hereinafter made by the CITY or with any law, rule or
_
resolution pertaining thereto.
-
5.3 CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the
availability of funds and continued authorization for
program activities and is subject to amendment or
termination due to lack of funds or authorization,
!
reduction of funds, and/or change in regulations.
,4
ARTICLE VI-
iS.
7<
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4
6.1 NONDISCRIMINATION:
CONTRACTOR agrees not to discriminate as to race, sex,
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color, creed, national origin, or handicap in connection-
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with its performance under this Agreement. Furthermore,
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CONTRACTOR agrees that no otherwise qualified individual
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shall, solely by reason of his/her race, sex, color, creed,
1
age, national origin or handicap, be excluded from the
;3
participation in, be denied benefits of, or be subjected to
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,3
discrimination under any program or activity receiving
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federal financial assistance.
6.2 CONFLICT OF INTEREST:
a) CONTRACTOR covenants that no person under its employ
who presently exercises any functions or
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a,
responsibilities in connection with this Agreement hae
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6.3
6.4
6.5
any personal financial interests, direct or indirect, with
CITY. CONTRACTOR further covenants that, in the
performance of this Agreement, no person having such
conflicting interest shall be employed. Any such
interest on the part of CONTRACTOR or its employees;
must be disclosed in writing to CITY.
b) CONTRACTOR is aware of the conflict or interest laws of
the City of Miami (City of Miami Code Chapter 2,
Article V), Dade County, Florida (Dade County Code
Section 2-11.1) and the State of Florida, and agrees
that it shall fully comply in all respects with the
terms of said laws.
INDEMNIFICATION:
CONTRACTOR shall indemnify, defend and save harmless the
CITY, its officials and employees from and against any and
all claims, liabilities, losses, and causes of action which
may arise out of CONTRACTOR'S activities under this
Agreement, including all other acts or omissions to act on
the part of CONTRACTOR, including any person acting for or
on its behalf from and against any relevant damages,
orders, judgments, or decrees
which may be entered against
the CITY; and from and against
all costs, attorney's fees
including costs of defense, of investigation and of any
appeals, interest, expenses,
and liabilities incurred by
the CITY in the defense of
any such claims or in the
`
Investigation thereof.
r;
COMPLIANCE WITH FEDERAL, STATE
AND LOCAL NEWS:
Both parties shall comply
with all applicable laws`
j
ordinances, and codes of
federal, state and local
-
governments.
AMENDMENTS:
No amendment(s) to this Agreement
shall be binding on
either party unless in writing
and signed by both parties.
- 8 -
91-
6.6 008CCNTRACTS: =
CONTRACTOR agrees to give advance written notification to
the CITY of any subcontractor. None of the services
t
covered by this Agreement shall be contracted without
the prior written approval of the DDHC Director. Any work
or services subcontracted hereunder shall be subject to the
terms and conditions of this Agreement. Proper
documentation in accordance with the DEPARTMENT and CITY
guidelines and directives must be submitted to and approved
b the DEPARTMENT t CONT
6.7
6.8
y prior o RACTOR S execution of any
subcontract. The advance notification process shall
include the following:
a) Identification of the subcontractor and services
provided.
b) The proposed subcontractor, together with a complete
and accurate breakdown of the price on a component -by -
component basis, and all bid documents.
c) The proposed subcontract to be used.
d) Summary of actions taken to select the subcontractor.
Nothing contained herein shall create any contractual
relationship between CITY and any subcontractor working
for CONTRACTOR.
e) No obligation, liability, risk, duty, term or condition
In a subcontract shall be the responsibility or
,f
liability of the CITY.
OWNERSHIP OF DOCUMENTS:
It is further understood by and between the parties that
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any documents or materials which are. given by the CITY to
CONTRACTOR pursuant to this Agreement shall at all times
remain the property of the CITY and shall not be used by
CONTRACTOR for any other purpose whatsoever without the
written consent of the CITY.
AWARD OF AGREEMENT:
CONTRACTOR warrants that it has not employed or retained
any person employed by the CITY to solicit or secure this
Agreement and that it has not offered to pay, paid, or
agreed to pay any person employed by the CITY any fee,
commission percentage, brokerage fee, or gift of any kind
contingent upon or resulting from the award of this
Agreement.
6.9
NONDBLEGATABILITYs
The obligations undertaken by the CONTRACTOR pursuant to
this Agreement shall not be delegated or assigned, sold,'
transferred, pledged, hypothecated or encumbered in whole
or in part to any other person or firm unless the City
Commission shall first consent in writing to the
performance or assignment of such services or any part
-
thereof by another person or firm.
6.10
CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to
the laws of the State of Florida, the County of Dade and
the City of Miami.
6.11
OBLIGATION OF RENEW:
Upon expiration of the term of this Agreement, CONTRACTOR
agrees and understands that the CITY has no obligation to
renew this Agreement.
6.12
TERMINATION OF CONTRACT:
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required
pursuant to this Agreement without penalty or liability to
the CITY. In that event, notice of termination of this
Agreement shall be in writing by regular United States mail
to the CONTRACTOR, who shall be paid for those services
performed prior to the date of its receipt of the notice of
termination. In no case, however, will the CITY pay
CONTRACTOR an amount in excess of the total sum provided by
this Agreement.
It is hereby understood by and between the CITY and the
CONTRACTOR that any payment made in accordance with this
_ to
'f=
Section to the CONTRACTOR shall be trade only If said
CONTRACTOR is not in default under the terms of this
Agreement. If CONTRACTOR is in default, then the CITY
shall in no way be obligated and shall not pay to the
CONTRACTOR any suns whatsoever.
6.13 GENERAL CONDTTIous:
r
a) All notices or other communications which shall or may
be given pursuant to this Agreement shall be in writing
and shall be delivered by personal service, or by
i
registered mail addressed to the other party at the
j
address indicated herein or as the same may be changed
from time to time. Such notice shall be deemed given
on the day on which personally served; or if by mail,
on the fifth day after being posted or the date of
actual receipt, whichever is earlier.
b) It is further hereby understood by and between the CITY
-
and CONTRACTOR that the CONTRACTOR shall be soly
responsible for the payment of all real property taxes,
I
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in addition to the cost of maintenance of the subject
4
Y,
i-
properties.
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CITY OF MIAMI CONTRACTOR
Department of Development Florida Ho` u- sing
and Housing Conservation Cooperative, Inc.
300 Biscayne Blvd. Way 900 Southwest 22nd Ave.
Suite 401 Miami, Florida 33135
Miami, Florida 33131
c) Title -and paragraph headings are for convenient
1
reference and are not a part of this Agreement.
f
d), In. the event of conflict between the terms of this
Agreement and any terms or conditions contained .in any
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attached documents, the terms in this Agreement shall
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control.
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e) No waiver or: breach of any provision of this h9reement
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Shall constitute a waiver of any subsequent breach o£
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the same or any other provision hereof, and no waiver*
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shall be effective unless made In writing.
1.
2.
2 N
1
f) Should any provisions, paragraphs, sentences, words or
phrases contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal
or otherwise unenforceable under the laws of the State
of Florida or the City of Miami, such provisions,
paragraphs, sentences, words or phrases shall be deemed
modified to the extent necessary in order to conform
with such laws, or if not modifiable to conform with
such laws, then same shall be deemed severable, and
in either event, the remaining terms and provisions of
this Agreement shall remain unmodified and in full
force and effect.
—I
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6.14 INDEPENDENT CONTRACTOR:
CONTRACTOR and its employees and agents shall be deemed to
—
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be independent CONTRACTORS and not agents or employees of
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the CITY, and shall not attain any rights or benefits under`
the Civil Service or Pension Ordinances of the CITY or any
rights generally afforded classified or unclassified
iemployees;
further they shall not be deemed entitled to the
Florida Worker's Compensation benefits as employees of the
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CITY.
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6.15 SUCCESSORS AND ASSIGNS:'-
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors
and assigns.
6.16 DEFAULT PROVISIONS:
In the event that CONTRACTOR shall fail to comply with each
and every term and condition of this Agreement or fails to
perform any of the terms and conditions contained herein,
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to
then the CITY at its sole option, upon written notice
CONTRACTOR, may cancel and terminate this Agreement, and
all payments, advances, or other compensation paid to
CONTRACTOR by the CITY while CONTRACTOR was in default of
the provisions herein contained shall be forthwith returned
to the CITY and until said compensation is repairs shall
accrue interest at the rate of eighteen percent (18%) per
annum or such higher rate as may be afforded and allowed by
Chapter 687, Florida Statutes.
ARTICLE viI
7.1 CONTRACTOR CERTIFICATION:
CONTRACTOR certifies that:
a)
It possesses the legal authority to enter into this
Agreement by way of a resolution (See Attachment Us
motion, or similar action that has been duly adopted or
passed as an official act of CONTRACTOR'S governing
body, authorizing the execution of the Agreement,
including all understandings and assurances contained
herein and directing and authorizing the person
identified as the official representative of the
_K
CONTRACTOR to act in connection with the Agreement and
to provide such additional information as may be
required.
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b)
It will comply with the provisions of the Hatch Act
which limits the political activities of employees.
c)
No program under this Agreement shall involve political
activities.
d)
It shall prohibit employees from using their positions
for a purpose that is or gives the appearance of being
motivated by desire for private gain for themselves or
others, particularly those with whom they have family,
business, or other ties.
e)
Participants or employees in the program pursuant to
this Agreement will not be employed on the
construction, operation or maintenance of that part of
any facility which is used for religious instruction or.
Appropriate standards for health and safety In work and
training situations will be maintained.
g)
Persons employed in public service jobs under this
Agreement shall be paid wages which shall not be lower
than whichever Is the highest of (1) the minimum wage
which would be applicable to the employee under Federal
Standards, (ii) the State or local,, minimum wage for
the most nearly comparable covered employment, or (111)
the prevailing rates of pay for persons employed in
similar occupations by the same employer.
h)
It will comply with the Civil Rights Act as amended.
I)
It will comply with the Anti -Kickback Act, Title 18,,
USC Section 874, and provisions of the Federal Labor
Standards, Title 29.
j)
-Acceptance of Office of Management and Budget (OMB)
Circular A-110# Attachments OAO (Cash Depositaries),
"B" (Bonding and insurance), "C" (Retention and
Custodial Requirements for Records), *F' (Standards for
ij
Financial management Systems), OR' (Monitoring and
Ic
Reporting Progress Performance), ONE Property
ii
Management Standards), and 000 (Procurement Standards),
as modified by 24 CFR Part 570.502 (b) "Applicability
of Uniform Administrative Requirements," of the
Community Development BlockGrant (CDBG) Program
regulations, Final Rule, and provided as an attachment
to this Agreement.
k
Acceptance of HUD Regulations 24 CFR Part 85 entitled
"Uniform Administrative Requirements for Grants and
Cooperative Agreements to State,, Local and Federally
Recognized Indian Tribal Governments".
Acceptance of Policies and Procedures Manual for
Community Based organizations.
- 14 -
91- 123
III WITNESS W14PR9OF,
the parties hereto have caused this
Instrument to be executed
by the respective officials thereunto
duly authorized on the first date above written.
CITY OF MIAMI, a municipal
Corporation of the State of
ATTESTS
Florida
V
By:
! MATTY HIRAI, CITY CLERK
CESAR H. ODIO
CITY MANAGER
GRANTEE:
Florida Housing Cooperative,
Inc., a Florida Not -For -
ATTEST:
Profit Corporation
By:
' CORPORATE SECRETARY
PRESIDENT
APPROVED AS TO FORM AND CORRECTNESS:
—
JORGE L. FERNANDEZ
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CITY ATTORNEY
i
APPROVED AS TO INSURANCE REQUIREMENTS:_
{ SEGUNDO PEREZ
INSURANCE MANAGER
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ATTACHMENT 1
CORPORATE RESOLUTION
WHEREAS, Florida Housing Cooperative, Inc..r desires
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to enter into an agreement with the City of Miami; and
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WHEREAS, the Board of Directors at a duly held corporate
y meeting has considered the matter in accordance with the By -Laws
of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
that the president and secretary are hereby authorized and
instructed to enter into a contract in the name and on behalf of
this corporation with the City of Miami upon the terms contained
in the proposed contract to which this resolution is attached.
DATED this day of , 1991. X
CHAIRPERSON'
BOARD OF DIRECTORS x`
(Corporate Seal) y
CITY OF MIAMI, F4AA0A--- --- -
INTER -OFFICE MEMORANDUM
TO : Honorable Mayor. and Members DATE : JAN Z 91991 FILE :
of t City Commission
suslEcT Resolut ion Relating to
the Development of a
Cooperative Housing
Project
FROM : Cesar H. Odio REFERENCES Florida Housing
City Manager Cooperative, Inc.
ENCLOSURES City Commission Agenda
Item/February- 14, 1991
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached resolution related to the acquisition of three (3)
parcels of vacant land in the Little Havana Community Development
Target Area, in connection with the development of a 40 unit
cooperative housing project planned for development by Florida
Housing Cooperative, Inc. The attached resolution authorizes the
City Manager to make available and disburse funds in the amount
of approximately $288,640 in the form of a grant to Florida
Housing Cooperative, Inc., for the purpose of providing financial
assistance for the acquisition of the said parcels located at
approximately 1025 West Flagler Street in the Little Havana
neighborhood.
The attached resolution further authorizes the City Manager to
negotiate an agreement between the City of Miami and Florida
Housing Cooperative, Inc. for the provision of the aforementioned
funds to the not -for -profit corporation for acquisition of the
subject parcels. The attached resolution further instructs the
! City Manager to incorporate reverter provisions in both the
agreement and deed which would ensure that title to the said
parcels would revert to the City in the event construction on the
proposed cooperative housing project is not underway within three
(3) years from the date of acquisition by Florida Housing
Cooperative, Inc.
BACKGROUND:
The Department of Development and Housing Conservation recommends'
ratification of the attached resolution in connection with the
acquisition of three (3) vacant parcels of land situated at West
Flagler Street and Northwest .1st Avenue between Northwest loth
and llth Avenues, for the development of a forty (40) unit
cooperative housing project affordable to low and moderate income
families and individuals by Florida Housing Cooperative, Inc.
Is. ` I
I; -
Cooperative Housing Project
Page - 2
The attached resolution further authorizes the City Manager 'to
negotiate an agreement between the City of Miami and Florida
Housing Cooperative, Inc., in addition to authorizing the
disbursement of 16th Year Community Development Block Grant
Program funds in the amount of approximately $288,640 to Florida
Housing Cooperative, Inc. as a grant, for the purpose of
acquiring the aforementioned parcels.
The attached resolution further instructs the City Manager to
incorporate reverter provisions in the agreement to be executed
by both ,parties, in addition to the deed at the closing of the _
purchase transaction, which would provide title to the City in _
the event that construction on the proposed cooperative housing
project is not under construction within three (3) years from the
date of acquisition.
In April of 1990, representatives of Florida Housing Cooperative,
Inc. appeared before the City Commission to request funding in
the amount of $300,000 from the City's 16th Year Community
Development Block Grant Program for the purpose of stimulating
the development of cooperative housing units in the City. As a
result, through Motion No. 90-299, the City Commission instructed
the City Manager to allocate $300,000 in 16th Year Community
Development Block Grant Program funding to Florida Housing
Cooperative, Inc., in connection with the rehabilitation,
construction and/or acquisition of an existing multifamily
apartment building(s) or vacant land for the purpose. of
increasing the availability of cooperative housing units in the
City.
In November of 1990, Florida Housing Cooperative, Inc. identified
three (3) vacant parcels of land located in the Little Havana
neighborhood for acquisition in connection with the development
of a forty (40) unit cooperative housing project being planned in
the neighborhood. The subject parcels planned for acquisition
are situated between West Flagler Street and Northwest 1st Street
between Northwest loth and llth Avenues. Subsequently, on
December 27, 1990, an appraisal report was prepared by J. Mark
Quinlivan, M.A.I. and it was determined that the fair market
value of the three vacant parcels was $305,000. As a result,.
Florida Housing Cooperative, Inc. has negotiated a purchase and
sale contract with the owner(s) of the subject parcels for
$300,000.
Presently, funds are available in the amount of approximately
$288,640 from 16th Year Community Development Block Grant
Program, Project entitled "Housing Cooperative," Project Number
799222, Index Code 451651, for the purpose of providing financial
assistance to Florida Housing Cooperative, Inc. in connection
with the acquisition of the subject parcels.
��
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Cooperative Housing project
page - 3
Is
In view of the fact that the proposed forty (40) unit cooperative
housing project is still in the predevelopment phase and firm
financial commitments for construction and permanent financing
has not been secured by Florida Housing Cooperative, Inc. at this
time, the attached resolution also directs the City Manager to
Incorporate reverter provisions into both the agreement between
the City of Miami and Florida Housing Cooperative, Inc., in
addition to the deed in the event that construction on the
proposed cooperative housing project is not under way within
three (3) years from the date of acquisition.
In an effort to further promote the development of cooperative
housing units in the City, City Commission ratification of the
attached resolution is being recommended.
13
+ ' 36
Bid No. 90-91-058
ADVERTISEMENT FOR BIDS
Sealed bids for "LAWRENCE WATERWAY HIGHWAY IMPROVEMENT, B-453611, and "LAWRENCE
WATERWAY RETROFITTING, B-5542" will be received by the City Commission of the
City of Miami, Florida at 11:00 A.M. on the 14th day of February, 1991, at the
City Clerk's office first floor of the Miami City Hall, 3500 Pan American
Drive, Dinner Key, Miami, Florida, 33133, at which time and place they will be
publicly opened and read.
The project consists of the construction of approximately 0.30 miles of
streets in the area of N.W. 17 Place and N.W. 18 Avenue between N.W. 7 Street
and N.W. 9 Street under B-4536. Construction will include the following:
clearing & grading, construction of asphaltic pavement, concrete curbs and
gutters, concrete pavement, brick pavers, storm sewer facilities and
landscaping. Under B-5542, construction will consist of retrofitting an
existing storm sewer system in the area of N.W. 2 Street and N.W. 6 Street
between N.W. 14 Avenue and N.W. 17 Avenue. Bidders will furnish bid bonds in
accordance with Resolutions No. 86-963 and No. 87-915. For technical
questions regarding plans and specifications, please contact Richard Blount,
at (305)579-6865. Prospective bidders will be required to submit, with their
bid, a copy of the appropriate Certificate of Competency, as issued by Dade
County, Which authorizes the bidder to perform the proposed work.
All bids shall be submitted in accordance with the Instructions to Bidders and
Specifications. New City regulations will require each bidder to submit
proposals in duplicate originals. Plans and specifications may be obtained
from the office of the Director of Public Works, 275 N.W. 2 street, 3rd floor,
Miami, Florida, 33128, on or after January 17, 1991. If bidders wish, a set
of plans and specifications will be mailed to them by writing to the
Department of Public Works and including a separate check for $8. There will
be a $20 deposit required for the first set of plans and specifications.
Additional sets may be purchased for a fee of $20 per set and this is not
refundable. Deposits will be refunded only upon the return of one set of
plans and specifications to the Department of Public Works, unmarked and in
good condition within two (2) weeks after the opening of the bids.
Bidders are alerted to the provisions of Ordinance No. 10538 regarding
allocation of contracts to minority vendors. The City will expect prospective
bidders to submit an Affirmative Action Plan, as defined in said Ordinance, as
required in the instructions to Bidders.
The City of Miami has adopted Ordinance No. 10032, which implements the "First
Source Hiring Agreement." The object of this ordinance is to provide
employment opportunities to City of Miami residents on contracts resulting in
the creation of new permanent jobs. Contractors may be eligible for wage
reimbursement under this program. For further information contact. the
Department of Public Works, City of Miami, at (305)5'rg-6856.
Proposal includes the time of performance, and specifications contain
provisions for liquidated damages for failure to complete the work on time*
The City Commission reserves the right to waive any informality in any bid,
and the City Manager may reject any or all bids, and readvertise (5-1153t;, Fy_
5542 Reg. 5623).
Cesar H. n�ic `
City M�na►?er
wenuTRACTORa
WI TNESSETH
WHEREAS, there exists a severe shortage of standard housing
In the City of Miami affordable to families and individuals of
low and moderate income; and
WHEREAS, the City Commission recognizes that the
participation of both the public and private sectors is necessary
to foster the development of rental housing in the City of"Miami
»i
— within the affordability range of families and individuals of low
�r
.� and moderate income; and
NBEREAS, on April 12, 1990, representatives of Florida
Housing Cooperative,' Inc. appeared before the City Commies. n"to u
request funding in the amount of, $300 000 from the Ci ty• s ' 16fh
Year- Coinmunity Development Block Grant `Program#- ' for the ' purrpose
of stimulating the development of cooperative housing units in
r
the Ci tyj and.
11IHER818; . on April ' 12, 1990, ',through ' `Mot ion No:' 90=29`9' the.
yrt _
City Cosimission' instiructee'the' City Manager to rallocate`':$30O,BKl
v
3n 216th 'Year Couinity development Block Grant Program funding tit
111orida Housing CoWtratigg�r.: Inc., in connection with
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Alon, construction and/or acquisition of *;c utiA ' r
rvii►g.a�, Qr .aa�nt:_ 1a for the
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��1��ity of ao!D711
rd�t itr+� h�Ain� ; BniN i
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.
W82UAS, in ifovefbber of 1990, Florida Housing Coopetative,
Inc. id@htifiad three (3) vacant parcels located in the tittle
Havana neigbborh6od for acquisition situated between West r1aglar
Street and Northwest lot Street between 'Northwest loth and llth
Avenues, for the development of a cooperative housing project on
the aforementioned parcels; and
WHEREAS& on December 27, 1990, an appraisal report was
prepared by J. Mark Quinlivan, MAI, SRPA, and it was determined
that the fair market value of the three (3) vacant parcels was
$305#000; and
r,
WHEREAS, Florida Rousing Cooperative, Inc. has negotiated a
purchase and sale contract fifth the owners of the subject
parcels for $300#000; and -
WHEREAS, efforts to secure the property for valid public and
—
municipal purposes through negotiations should be undertaken by
the City and Florida Housing Cooperative, Inc.; and
WHEREAS, once acquired, the assembled sites will - be
developed by Florida Housing' Cooperative, Inc., in connection
with the development of a cooperative housing project affordable
to low and moderate income families and individuals; and
WHEREAS -funds are available in the total 'amount of $288 640
from 16th Year Community Development Block Grant Program, Project-
. w�
2t
entitled "Housing Cooperative"'Project Number 79922, Index Code
451651, to provide financial assistance to Florida Housing
Cooperative, Inc. in the form of 'a grant to defray the cost of
— acquiring -the -subject
parcels.
mxv MRB, in consideration of the promises and the
' mutual covenant's ` nd obligations heiein contained, and subji�ct'to'
the terms and 'conditions `hereinafter stated, the parties hereto
understand and ' agr+ee asfollows t
RRTICLS Ir
or
tb+a tuVposO of this Agreement the follow iing terns Oall be
Dios# fortt'eow._
aka ' v eC t t r i tt 5 a r cif p
A.
1.1 wC1T_T_W QZR.! shall mean the Chief Adtniniattative Officer
_
t
of the City of Miami who will be construed to include any
�—
_ duly authorised designee# such as an Assistant City Manager
a and/or the City of Miami Department of Development and
e Mousing Conservation (the "Departments).
-- 1.2 "COlfi'RACT_ !'OR MALE AND PURCHASE" shall mean the Agreement
(See Attachment 2) between Seller and CONTRACTOR.
= 1.3 •FORM OF OWNERSHIP" shall be a legally incorporated housing
cooperative. The shares of stock in the cooperative shall
i
- be sold to low income individuals or families, as defined
-
by the United States Department of Housing and Urban
Development. Said shares shall entitle the stockholder to
homeownership rights in the PROJECT.
_.
1.4 •PROJECT' shall mean the acquisition of unimproved land and
_
/mixed -use
-
v
the development of a cooperative housing project to be
constructed thereon, as a result of this grant.
-_
1.5 9PROPERTY0 shall mean the property to be acquired by the
CONTRACTOR located at 1025 West Flagler Street and legally
described as Lots 4, 15.and 16, less the South -10 feet,
Block 13, Lawrence Estates Land Company's Subdivision, Plat
Book 2, Page 46, Dade County, Florida. -
-
1.6 OSELLER" shall mean Latin Quarters Center, Inc., owner,of
the Property to be acquired by the CONTRACTOR on which° to
-
develop the proposed PROJECT.'
3
ARTICLE IT
2.1 SCOPE OF SERVICES:
--'
-
CONTRACTOR'& scope of services shall be to:
-
1) A0quise.: the .PROPERTY located at approximately 142&,Moot,
Plagler . St root:
r
2): Identif and -proceed :to acqRuire :- the addit'ioual fundin
xaaqu3ze: t x�nllte the development of tie propQoed:
'
VIROM3
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-
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3) pull iding permits and begin struction of the
PrOtet before the date of dispersal of funds by the
City, pursuant to Resolution No. 91-1230 adopted on
February 14i 1991,
4) Maintain records reflecting the City's monetary
contribution to the Project which will not ex6eed the -
amounts allocated herein.
�f
ARTICLE III
_ 3.1 COMPRUSATIONs
City shall pay CONTRACTOR a maximum compensation :of
approximately two hundred eighty-eight thousand six hundred -
forty dollars ($288, 640) as a grant specifically for the
purchase of the PROPERTY required for the development of
the project.
-
3.2 TIME OF PERFORMANCE:
The term of this Agreement shall be 24 months from the date
of dispersal of funds by the City, pursuant to Resolution
No. 91-123, adopted on February 14, 1991.
3.3 CITY AUTHORIZATIONr
For the purpose of this Agreement, the City of Miami,
Department of Development and Housing Conservation,
(hereinafter the "DDHC") will act on behalf of the CITY;3n
g_
the fiscal control, programmatic Mon ItorIngr and
Fs =
modification .,of this Agreement, except as otherwise'
rovided b this Agreement.
P Y
}'
.4
3.4 ENTIRB AGREEMBNTs
• Thisinstrument and its' attachments. constitute the sole .epd
only. Agreement of the parties hereto relating. -to- as,ai " gent
•�
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•
and .correct,ly.- set forth the rights, duties, and obligations
of its ote. any prf or ..�as grmen,e •
of each to the other as, : _d
- ��ka
,
^�
Prool'ses,: -segot atIona or ,representations not. esp=edelly �!t
#oath in. ,ti► s_; Agreement Ar+e; of no: for10- ox effect.
..
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tiMLIGA !ION Q , an I4
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', l�lY�lMl� k!•II lII I 1! 11�� �� Imo..
QTC �,t ! :'CA. JKY ' QL�t '. } � ; #�erviQHli,
Fi h�:t.'"!'�.x`'��,`'��` �e'ri1�;Cl�O�.�''•t�R�' ��iA'e�tOen�..��# '4t�.�E���.�� t� �&���^
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proper mannet, satisfactory to the CITY, in accordance with
the written policies, procedures, and requirements as.
prescribed in this Agreement, as set forth by the United
States Secretary of Treasury and the City of Miami
Department of Development and Housing Conservation.
3.6 RETENTION OF RNCORDSs
CONTRACTOR shall retain all financial records, supporting
documents, statistical records, and all other records
pertinent to this Agreement for a period of three years
within Dade County, Florida after the termination date of
this Agreement.
3.7 BONDING AND INSURANCE:
CONTRACTOR shall maintain insurance and bonding coverages
acceptable to the City Insurance Coordinator. Prior to
commencing any activity under this Agreement, the
CONTRACTOR shall furnish to the CITY certificatesof
insurance and bonding indicating that the CONTRACTOR is in
compliance with the provisions of this article.;
CONTRACTOR shall provide the following coverages:
a) Insurance coverage that reflects sound business
p-
practices acceptable to the City Insurance Coordinator,i*-
b) Fidelity bonding for all persons handling funds-
V
received or disbursed under this Agreement in an amount
equal to or greater than `'the maximum amount of '-casi� =
°�
held at any one time. The bonds shall ` be `in a °form `
w ,
acce 'table' ' to the City' Attorney and' `'the' xnsntanc
Coordinator.
CITY shall be the primary additional insured on- all
_
insurance policies""And'there shall be no exclusions in such
policies to 'override the CITY's coverage.
Ccepliance with ` the foregoing requirements a A.1 4
refteve .' the` CONTRACTOR 'At ;: liability , and! obi ig44fiio�e�`�
u e " t i sea on " `or u oeh any e . ,oti�e seo on;
. LfJr45 -
�
-
ARTICLE IV
4.1 SPECIAL- CONOI J.IMM:
Title to the PROPERTY shall vest in the CITY, if construction
of the PROJECT, under the terms of ARTICLE tI of this Agr'aemont'
is not initiated within 24 months fron date of dispersal ,of funO
by the City, pursuant to Resolution No. 91-123, adopted +
i
tebruary 14, 1991.
4.2 INNOt
On the date of acquisition, the PROPERTY is to be free and
clear of any outstanding liens and encumbrances.
4.3. PARTNRRSHIP AGREEMENT:
The CONTRACTOR shall not enter into any partnership
agreements for the development of the PROJECT without first
obtaining authorization of the CITY.
4.4 PROJECT PLANS:
The CONTRACTOR agrees to submit all architectural and
construction plans to the CITY for approval prior to
applying for a Building Permit. Approval will, not be
unreasonably withheld.
4.5 PROJECT FINANCIAL COMMITMMTS: P
The CONTRACTOR agrees to submit all financial proposals for J
y;
t7.
the development of the PROJECT to the CITY for approval
prior tip the acceptance of any financial commitments.
r.
4.6 GENERAL ACTIVIS°'iBSs
The CONTRACTOR agrees to obtain CITY approval prior`to r►tg
activity that could' result in the placement of any liens'n ,
tbe' PROPERTY 'unlessf the activity is of an emergency netue.�
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r
5.1 !'INANCIAL` i!►CCOOliTl1BILI?Y= K•
•CITY reserbes the right to `audi't the records'* Ct
y �
of" and tis+ during ths`erforRanoe of tbi Agaree"ot and t L�
r -14 ;pori --of�' tit a (3) yous after foal peatwoR-t M's
J �,. .. ,�' �S a' • ii ..r t 'r`>c`-} dt` r { ` a» i' x`.i � •�Sp _. .�s
+�� t ie A r+ erm�e ►t. i►a'T paywe it . Itnoreto];Qr i
�'N►et iNtiOr-:a�4Q1llNt1{��14r`„N�'
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invoiee which are fecund by the CITY l on the basis of ssch }
-udit, not to constitute allowable expenditures. Any
payment made to the CONTRACTOR is subject to reduct iOn for
previously
overpayments on reviousl submitted invoices
s.2 RHCAMRE Or rMS t
CITY reserves the right to recapture funds if the
CONTRACTOR fails (i) to comply with the terms of thid
Agreement or (ii) to accept conditions imposed by CITY at
the direction of the federal, state and local agencies, or
74
to comply with any agreement heretofore or
hereinafter made by the CITY or with any law, rule or
resolution pertaining thereto.
5.3 CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the
availability of funds and continued authorization for'
program activities and is subject to amendment or rr
i6
termination due to lack of funds or authorizatn,
— a:
reduction of funds, and/or change in regulations:
_ }ti
ARTICLE VI
6.1 NOND'ISCRIMINATION:
CONTRACTOR agrees not to discriminate as to race, sex,
color, creed, national origin, or handicap in connection-:.
�Y
with its performance under this Agreement. Furthermore,..'.
t�
CONTRACTOR agrees that no otherwise qualified individual
shall, solely by reason of his/her race, sex, color, creeds
age, national origin or handicaps be excluded from 'tide
►articipation ins be denied benefits of, or be sube+#edc� f'
x , z Yy
discrimination under any program or activity repel 01ng - 4
federal financial assistance.
CP
COW
�S'a of •4'E��� Yr- f f f =
Li oaT:
�
s� t xy er eta R covenants tIat na pacsans
F' a
€- s gt x 3 za ,, € x a a -
{ F++raast i. eaerQi s$a and is het oae s .
"`t�4$ ors a T i msi t
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gis�,.rti
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. § a�e��Y S�v`y�dE7`yE Ti�°�fi Ttfi a1r �.'. y ro 'XST'A
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any pereinal financial interests, direct or indirect, with
C1TY6 CONTRACTOR further Covenants that, in the
�-
performance of this A§teement; no person having such
y
conflicting interest shall be employed. Any such
interest on the part of CONTRACTOR or its employees'
must be disclosed in writing to CITY.
b) CONTRACTOR is aware of the conflict or interest laws of
the City of Miami (City of Miami Code Chapter,
Article V), Dade County, Florida (Dade County Code
Section 2-11.1) and the State of Florida, and agrees
that it shall fully comply in all respects with the
terms of said laws.
6.3
INDEMNIFICATION:
CONTRACTOR shall indemnify, defend and save harmless the
CITY, its officials and employees from and against any and
-
all claims, liabilities, losses, and causes of action which
may arise out of CONTRACTOR'S activities under this
Agreement, including all 'other acts or omissions to act on
—
i
the part of CONTRACTOR, including any person acting for or
' h
-
on its behalf from and against any relevant damages,
°z
orders,'judgments, 'or decrees which may be'entered against
the CITY; and from and against all costs, attorney's fees
including costs of defense, of investigation and of any
appeals, interest, expenses, and liabilities `4ncurred by
the CITY in the defense of any such claims or in the
r
Investigation thereof.
6.4
GO WLIANCB WITH :PWRRAL, HTATR AND" LOCAL M02
Both° parties shall co�aply with all " applicable -� =lairs;
ordinances, and" 'nodes of federal', state and
_.
4ove nment's.:
6.5
u� -
f
No amendment:(s) ` to this:` ,Agreement shall be bin+die9
siti +�r art ► si lesa in writing and signe4 by both p�artr n .'
`
M1:
'✓�t ` t ' ''
`.'. *
�., , � .� ..,^:u 4� ''� y e-by 5 ip A �' dixtgA'-'
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CONTRACTOR agrees to give advance written notification to.
' the CITY of any subcontractor. None of the services.
covered by this Agreement shall be Contracted without
f
the prior written approval of the DDHC Director. Any work ,¢
a.
or services subcontracted hereunder shall be subject to the
terms and conditions of this Agreement. Proper
documentation in accordance with the DEPARTMENT and CITY
guidelines and directives must be submitted to and approved _
F�
by the DEPARTMENT prior to CONTRACTOR'S execution of any Ail
subcontract. The advance notification process shall
include the following:
a) Identification of the subcontractor and services _
provided. ;
t.
b) The proposed subcontractor, together with a complete
and actuate breakdown of the price on a component -by -
component basis, and all bid documents.
c) The proposed subcontract to be used.
d-) Summary of actions taken to select the subcontractor.
Nothing contained herein shall create any contractual
relationship between CITY and any subcontractor wG.rkfng.
for CONTRACTOR.
e) No obligation, liability, visk,.dutyd term or condition
In a subcontract shall be the responsibility orK,
1 iabi lity of the CITY.
t
6.7 OWNBRS®IP OF in imzN
It is further : understood by and between: the , paxt,les that
any documents or materials which axe .given by .. tbe,,CITX
CONTRACTOR pursuant to this Agreement -shall at..
._-
remain the property of the CITY and, shall not.. be gged ,
-
CONTRACTOR for any other purpooe whatsoever: wit cut„ t#e i
= t written consent of the CITY, f 4t
6.0 XWARD -OF 1i1G 's a
CONTRACTOR warrants. that It has., not expIq
any person employed by the CITY . to solCit or' esaveb#�'{
-
*-
�-
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4�
A
Agreement: and that It has not offered to pay#, paid# or
agreed to pay any person employed by the CITY any feet
commission percentage, brokerage feet or gift of any kind
contingent upon or resulting from the award of this
Agreement,
6.9 NONDBLEGATABILITYs
The obligations undertaken by the CONTRACTOR pursuant to
this Agreement shall not be delegated or assigned, sold,
transferred, pledged, hypothecated or encumbered in whole
or In part to any other person or firm unless the, City
Commission shall first consent in writing to the
performance or assignment of such services or any part
thereof by another person or firm.
6.10 CONSTRUCTION OF AGRMMNT:
This Agreement shall be construed and enforced according to
the laws of the State of Florida, the County of Dade and
the City of Miami.
6.11 OBLIGATION OF RENEW:
Upon expiration of the term of this Agreement,, CONTRACTOR
-3
agrees and understands that the CITY has no obligation to,
renew this Agreement.
6*12 =RKINATION-OF CONTRACT:
CITY re'tains the right to terminate - this Agreement 1
a ny
time prior to the completion of the services required
pursuant to this Agreement without penalty or
I0
the CITY. In t hat event, notice of 'termination`- of"
'shall
Agreement 'be In writing by regular Uhite4 States wail;
for to the CONTRACTOR, who shall be paid* r ose Be
I t
perfrme pr or o be dati of it a r66610t of 'th
terminatio7he" In no* case, fici w e' v e r,, 4111 the -'dI T
CONTRACTOR an amount in excess of the total sun provlde
his Agre0ent.
- "
It Is 'herelby' understood by and" b0tweiift-
i;�
CONTFAdTOR "that
ainy p'symen
e in.accoto
7=
Sect lon to the CCNT'AACTOR shall be made only if bald
CONTRACTOR I not` in default under the terms of thi's
J
Agreement. If CONTRACTOR is in default, then the Cift
Z-;
shall in no way be obligated and shall not pay to the
=
=�
CONTRACTOR any sum whatsoever._
6.13 ORN8M CONDITIONS:
a) All notices or other communications which shall or may
be given pursuant to this Agreement shall be in writing
and shall be delivered by personal service, or by
-'
registered mail addressed to the other party at the
-
-
address indicated herein or as the same may be changed
—
from time to time. Such notice shall be deemed given
on the day on which personally served; or if by mail,
on the fifth day after being posted or the date of
actual receipt, whichever is earlier.
b) It is further hereby understood by and between the'CITY
-
and CONTRACTOR that the CONTRACTOR shall be soly
responsible for the payment of all real property`taxes',
in addition to the cost of maintenance of the subject
4
properties.
CITY: OF MIAMI CONTRACTOR
-
Department.o Development Florida Hous ng
and Housing Conservation _ Cooperative, Inc.
300 Biscayne Blvd. Way 900 southwest 22nd`Ave.
�_.
-
Suite 401. Miami,,Florida 33135
—
Miami, Florida 33131
c). Title and paragraph headings are for convenient
- u.
reference and are nota part of this Agreement.,,.
-
d). In the event of conflict between the terms of to
=
Agreement and any terms :or Pond it ions cunt a ned i,t eny
-�
attached documents, the terms in this AvrOOMeut asba
control.
_-
e) NQ waiver or . breach of , any provision of thiat
ebell, constitute a waiver of aany , snb#e�uent , h� o
4,.
the some or any other provision hereof, and no e,ai�rmr
.
shall be effective unless made in writing.-15
qW
jG y
1
= €) should any provisions, paragraphs, sentences, wotds or
Phrases contained in this Agreement be determined by s
court of competent jurisdiction to be invalid, illegal _
or otherwise uinenforceable under the laws of the state
of Florida or the City of Miami, such provisions,
_ paragraphs, sentences, words or phrases shall be deemed
;3—
} modified to the extent necessary in order to conform w
with such law,a, or if not modifiable to conform with
such laws, then tv;eAe shall be deemed severable, and
in either event, the remaining terms and provisions of
this Agreement shall remain unmodified and in full
force and effect.
6.14 INDEPENDENT CONTRACTOR:
CONTRACTOR and its employees and agents shall be deemed to
be independent CONTRACTORS and not agents or employees of
s the CITY, and shall not attain any rights or benefits under
the Civil Service or Pension Ordinances of the CITY or any
rights generally afforded classified or unclassified 3=�,
employees; further they shall not be deemed entitled to the
Florida Worker's Compensation benefits as employees of the
CITY.'
6.15 SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein,'
mv
their heirs, executors, legal representatives, successors '
t�
and assigns.
6.16 DEFAULT PROVISIONS: t3
{
In the event that CONTRACTOR shall fail to comply with each part=
- and every term and condition of this Agreement or -fails #o
perform any of the terms and conditions contained hero,`
then the CITY at its sole option, upon written notice #0'. T'-
8,1
CONTRACTOR, may cancel and terminate this Agreement,
a all payments, advances, or other compensation paidCONTRAC0 =
x
TOR by the CITY while CONTRACTOR was in defa I of
,r y • Fh
t
F
s _
a
s
the provisions herein contained shall be forthwith retutned
j-
- ` to the CITY and until said compensation is repaid shall 4
accrue interest at the rate of eighteen percent (19%) .per Y
annum, or such higher rate as may be afforded and allowed,. -by
a -
Chapter 607# Plorida Statutes.
i
—� ARTIChS VII-
F�
7.1 CONTRACTOR CERTIFICATION:
1 'y
CONTRACTOR certifies that:
a) It possesses the legal authority to enter into this
�i
s! Agreement by way of a resolution (See Attachment 1),
motion, or similar action that has been duly adopted or
passed as an official act of CONTRACTORS governing 4-
body, authorizing the execution of the Agreement,
including all understandings and assurances contained
herein and directing and authorizing the person -
identified as the official representative of the `r
COYTRACTOR to act in connection with the Agreement and
to provide such additional information as may be
required.
b) It will comply with the provisions of the Hatch Act =r
.
which limits the political activities of employees,
f
poll t i al c
c No
program under this Agreement shall involve
activities.
d) It shall prohibit employees from using their positions
for a purpose that is or gives the appearanceof being'
motivated by desire for private gain for themaelvee or'.`
{
others, particularly those with whom they have family,:,,
4�
business, or other ties. yy�
e) Participants or employees in theprogram,xrr ;
P pursuant tr►'
this Agreement will not be employed on t#ie' ;
construction, operation or maintenance of that°
any facility which is used for religious 3nstryV�.,
worship
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n i Inn
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��„� � � } � u„ "+<3'� � +�� r-kt ..i p rr +a � ray YEs.'r� • -
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f)
Appropriate standards for health and safety in work and
training.situations will be maintainedo
g)
Persons employed in public service jobs under thin
_
Agreement shall be paid wages which shall not be lower
{
than whichever is the highest of (t) the minimum wage
which would be applicable to the employee under Federal
-
Standards, (if) the State or local, minimum wage for
-=
the most nearly comparable covered employment, or (fii)
G
_!
�t
the prevailing rates of pay for persons employed in
-
similar occupations by the same employer.
=?
h)
It will comply with the Civil Rights Act as amended.
_
i)
It will comply with the Anti -Kickback Act, Title 18,
4
1
USC Section 8740, and provisions of the Federal Labor
n
Standards, Title 29.
_
j)
Acceptance of office of Management and Budget (Oft)
i
Circular A-110, Attachments "A" (Cash Depositaries),
*Be (Bonding and Insurance) , "C" (Retention and
u
Custodial Requirements for Records), "F" (Standards for
-
Financial Management Systems), "H" (Monitoring and
,.Reporting Progress Performance), one Property
Management Standards), and "O" (Procurement Standards),
=
;-
-r
as modified by 24 CPR Part .570.502 (b), "Applicability
-
of Uniform Administrative Requirements," of the
Community. Development Block Grant (CDBG) Program.
- }
regulations, Final Rule, and provided as an attachment-
to this Agreement.
�; R
_
k)
Acceptance of HUD Regulations 24 CFR Part 85 entitled
;
-
"Uniform Administrative Requirements for Grants and:
Cooperative Agreements to State, Local and Fedealy
Recognized Indian Tribal Governments".
=-
1)
Acceptance of Policies and Procedures Manual four`3r
_
Community Based organisations.
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'ATV «. uyn'tt�✓pu. S;
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114 WMESS „ SREOP t
tho partite hereto have caused this
i
Instrument to be executed
7
by the respective officials thereunto
f
duly authorise:] on the fight data above Whitten.
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=
CITY OF MIAMI, a municipal
Corporation of the State of
ATTEST:
Florida
—F
By: -`
MATTY HIRAI, CITY CLERK
CESAR H. ODIO
-
CITY MANAGER
-�
;X
GRANTEE:
Florida Housing Cooperative,
Inc., a Florida Not -For-
=
ATTEST:
Profit Corporation
-E
By:
CORPORATE SECRETARY
PRESIDENT
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
- ,
APPROVED AS TO INSURANCE REQUIREMENTS:
;
SEGUNDO'PEREZE,
INSURANCE MANAGER
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CORPORATE knot"10" <,
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WHEREAS► __...... _Florida Housing CooDerativei Inc., desires
to enter into an agreement with the City of Miami; and #—
n
WHEREAS, the Board of Directors at a duly held corporate
=i meeting has considered the matter in accordance with the By -Laws '—
of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
that the president and secretary are hereby authorized and
instructed to enter into a contract in the name and on behalf of
this corporation with the City of Miami upon the terms contained
In the proposed contract to which this resolution is attached.
DATED this day of , 1991.''
CHAIRPERSON
BOARD OF DIRECTORS
SECRETARY $,f
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u
(Corporate Seal) �
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AL
CW MIAMI, Pl an" — _
isCOY
INM-0110E' MEMORANDUM
ro: Honorabie Mayor and Members
of t City Commission [SATE : JAN 2 9 1991
8UBJECT': Resolution Relating to
="
the Development of a
-
Cooperative Rousing
FROAA : Cesat. Odio project
y
REFERENCES Florida Housing
City Manager
—
J
Cooperative, Inc.
ENciosuAEsCity Commission Agenda
Item/February 14 1
RNC0!!>14RftATIOiIT:
-
It is respectfully- recommended that the City Commission adopt the
attached resolution related
_
to the acquisition of three -(:3)
parcels of vacant land in the Little Havana Community Development
Target
-
=
Area, in connection with the development of a 40 unit
—
s
cooperative housing project planned for development by Florida.
Housing Cooperative, Inc.
The attached resolution authorizes the
City Manager to make available and disburse funds in
—
-
-
the amount
of approximately $288,640 in "the form of a grant to Florida:
Housing Cooperative, Inc.,
for the purpose of providing financial
assistance for the acquisition of the
_
E
said parcels located at.
approximately 1025 West Flagler Street in the Little Havana
neighborhood.
The attached resolution further authorizes the City Manager, to
negotiate an
.�
agreement between the City of Miami and Florida.
Housing` Cooperative, Inc. for the
!
provision of the aforementioned
funds to the not -for -profit corporation for acquisition the
-
_
of
subject parcels. The attached resolution further instructs the
City Manager to incorporate reverter
provisions in both the-,
agreement .and deed which would ensure that title to the said::
_
parcels would revert .to the City in the event construction on the:
proposed cooperative housing project is
not underway within three .
(3):_.years from the date of acquisition by Floridm Housing.
Cooperative,
Inc.
—
�
B11►C[�OO1fD z .. _
ti*
F
k;
The -Department Development and Housing', Conservation rec'ommends`3
ratification of the
. attached, resolution . in connection with the
acquisitionof three (3) vacant pa rcels of land
f.
sit at West
Flagler Street and Northwest 1st Avenue between Northwest loth
and llth
�..
Avenues, for the development of a fort Y (40) .unit.
cooperative housing project to;,low
.affordable and moderate =:inco>ne
families and individuals by Florida Housing ;Cooperative, Inc.
Y ♦`
..
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4
The attached resolution furtho.r authorizes the City Manager - to
negotiate an agreement between the City of Mimi and Florida
Rousing Cooperative, Inc., in addition to authorizing the
disbursement of 16th Year Community Development Block Grant
Program funds in the amount of approximately $288,640 to Florida
Housing Cooperative, Inc. as a grant, for the purpose of
acquiring the aforementioned parcels.
The attached resolution further instructs the City Manager to
Incorporate reverter provisions in the agreement to be executed
by both ,parties, in addition to the deed at the closing of the
purchase transaction, which would provide title to the City in
-the event that construction on the proposed cooperative housing
project is not under construction within three (3) years from the
date of acquisition.
In April of 1990, representatives of Florida Housing Cooperative,
Inc. appeared before the City Commission to request funding in
the amount of $300,000 from the City's 16th Year Community
Development Block Grant Program for the purpose of stimulating
the development of cooperative housing units in the City. As a
result, through Motion No. 90-2990 the City Commission instructed
the City Manager to allocate $300,000 in 16th Year Community
Development Block Grant Program funding to Florida Housing
Cooperative, Inc., in connection with the rehabilitation,
construction and/or acquisition of an existing multifamily
apartment building(s) or vacant land for the purpose of
Increasing the availability of cooperative housing units in the
City.
In November of 1990, Florida Housing Cooperative, Inc. identified
three (3) vacant parcels of land located in the Little Havana
neighborhood for acquisition in connection with the development
of a forty (40) unit cooperative housing project being planned in
the neighborhood. The subject parcels planned for acquisition
are situated between West Flagler Street and Northwest let Street
between Northwest loth and llth Avenues. Subsequently, on
December 27, 1990, an appraisal report was prepared by J. Mark
ouinlivan, M.A.I. and it was determined that the fair market
—; value of the three vacant parcels was $305,000. As a result,,
Florida Housing Cooperative, Inc. has negotiated a purchase and
sale contract with the owner(s) of the subject parcels for
$3000000.
Presently, funds are available in the amount of approximately
$288,640 from 16th Year Community Development Block Grant'
Program, Project entitled "Housing Cooperative," project Number
799222, Index Code 451651, for the
purpose of providing financial
s' assissubject j parcels.
to Florida Housing Cooperative, Inc. in connection
with the acquisition of the sub t'
_;. .
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4
`��� �EE`�t r'"� fi sr + x r ,7•.ate 'i
1
Cooperative Housing project
page d
In view of the fact that the proposed forty (40) unit Cooperative.,
housing project is still in the predavelopinent phase and firm
financial commitments for construction and permanent financing
has not been secured by Florida Housing Cooperative, Inc. at this `—
time, the attached resolution also directs the City Manager to
incorporate reverter provisions into both the agreement between
the City of Miami and Florida Housing Cooperative, In'c., in
addition to the deed in the event that construction on the
proposed cooperative housing project is not under wain within
three (3) years from the date of acquisition. #
In an effort to further promote the development of cooperative
y housing units in the City, City Commission ratification of the f
attached resolution is being recommended. -
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