HomeMy WebLinkAboutR-88-0737J-88a-648
i/6/88
RESOLUTION NO,
A RESOLUTION APPROVING A PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE COCONUT GROVE.
LOCAL DEVELOPMENT CORPORATION, INC. AND
GROVTTF.S UNITED TO SURVIVE, INC. FOR THE
PURPOSE OF PROVIDING DEVELOPMENT SERVICES ON
THE T1KI CLUB/GOOMBAY PLAZA PROJECT OF THE
GROVITES UNITED TO SURVIVE, INC. FOR WHICH
THE CITY OF MIAMI, HAS AWARDED FIVE HUNDRED
THOUSAND DOLLARS ($500,000) PURSUANT TO
RESOLUTION NO. 85-190.
WHEREAS, on February 28, 1985, the City Commission passed
Resolution No. 85-190 approving execution of a lean agreement
with Grovites United to Survive in the amount of five hundred
thousand dollars ($500,000) to assist in the redevelopment of the
Tiki Club; and
WHEREAS, Grovites United to Survive, Tnc. has been able to
acquire the property and obtain initial costs estimates and
project renderings: and
WHEREAS, no further progress has been accomplished due to
the lack of expertise and staff on the part of Grovites United to
Survive; and
WHEREAS, the Coconut Grove Local Development Corporation,
Inc. has negotiated with Grovites United to Survive to provide
development services and staff assistance in order to expedite
the implementation of the project;
NOW, THEREFORE)BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Commission hereby approves the attached
Professional Services Agreement between the Coconut Grove Local
Development Corporation, Inc. and Grovites United to Survive,
Inc. for the purpose of providing development services on the
Tiki Club/Goombay Plaza Project.
PASSED AND ADOPTED this 21st day of July 1988.
AVIER L. S EZ, MAYDR
AT
MATTY HIRAI, CITY CLERK
CITY COMMISSION
MEETING OF
•Ati r. �,a'Ar
rr.11i
,,.. REMARKS:
JUL 211 1988
)N No. FiS7 13 1,ry
PREPARED AND APPROVED BY:
e40ov`
ROBERT V. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
c
E L. ERNA Z
CIT ATTORNEY
BUDGETARY REVIEW AND APPROVAL:
AMA
MANOH4R SURANA, DIRECTOR
DEPAR MENT of MANAGEMENT AND BUDGET
COMMUNITY DEVELOPMENT REVIEW AND APPROVAL:
L
FRANK CASTANEDA, DIRECTOR
DEPARTMENT OF COMMUNITY DEVELOPMENT
FINANCE REVIEW:
CAR GARCIA, DIRECTOR
DEPARTMENT OF FINANCE
—2—
98- 73 !,
■
CX)N'I'ItA('1' III A VIi1:N
t:tX:ONU'1'UItOVI3 WC:ALI)IiVI?IA)I'MI;N•I'(:O141'OltA'1'ION, INC.
AND
GROV111i4; UN1'1'1st)'1'O SUItVIVU, INC.
THIS A(;I(I-ENI ?NT is tirade and entered into by and belwccn
COCONUT GROVL: I.00.AL 1)EVlil.0l'MI:N•I' CORPORATION, a not fur
l►colit corporation t►rganized under Chapter 617, 1_lu-blia—StiiItil'vs
(hcrchialier tcferred to as "CGLIIC'") mid the GROVI'IB UNI"IED TO
SURVIVU, INC:., a lor-prolit corporaliott org.mitcd under Chapter (107,
(hcrcinal(er tel'erred to as "(iUPS"). .
WIII-_RFAS, (LFFS holds title to a building formerly known as the
1'll:1 I;uil�liu►� and certain adjoining pcopertics (heccinaftcr This po►up of
prolrcrtics shall t►e: referred to as Goombay I'laza) which ate located netts
the: cm-m r of (;rand Avenue Mid D011 ;LtS Road ill ('t►e:oout Geove; itt the
(: ity , )I ht iauni, alul
r• t
Wlll'Ad-AS, GU•I'S I'desires ►,:liabililate. and Icase 600mbay Plaza it)
print►te; businesses and professionals so as to contribute to the: economic:
der�•cic►pnunt of the (:ocunul Citove CUISG t�efgea tit e,►, at►e1
WIIF.HE*AS, (_'GLI)C is working towards the acc:ontplisluuent of an
e.eortontic development strategy of the (::ocunut Grove larget area and for
this rea-son would also like to see the Guonthay Plaza pt operty
tehahilitated anti leased, and
WIlEREAS, C76LUC has a professional staff that has experience in
rehabilitating real properties, and
WIII:ItEAS, GUTS dues not have a prul'essional staff to oversee: the
redevelopment and management of Goumbay Plaia, and such properties
have remained unimproved I'or several years,
NOW, 'I'llLR1*FOR F, ill consi.lcration of the: mutual covenants
contained herein, CGL.UC and G U'IS abre:e its follows:
AltTICI _ls ONI-.;
UF1 SPUNSIIllLI'1'IESU1: (*(;1DC
1. C:GI.I)C agrees that, ar of ills (Ime of Ili, coierract, it will a.a as
the; primary agent for GLI'1•S in carr)iot, r1111 they redovclopntent of Iltt:
Goe.1111hay Plaza.
2. CGLUC accepts the relationship of Rust read coillideoce: e:.tablishrcl
between it and (;I1•I'S by this and l►ru imes tc► 1.1w its .1►cst skill
anti judgement in carrying out its .)ill ies.
9S-'73'7
3. C'GLDC will cause
101-m :l ly known as Ilse
Avenue for the parking
the ul►eniub.
ill he demolished
TIM Building (ill
area) and will
.-".N
life small am►vx
older to provide
gut the existing
to the properly
access to 01 mid
building aril scat
it. CGI.DC; will cause the former TIKI Building to be deslimcd in such if
manner so ;is to allow for limited parking on the 14:1ra area, changing the
I'ac,ide of the building utilizing the City of Miami's commercial facade
project alld designing file main enhance to lace Douglas Road.
5. C(;I.DC will negotiale, stil►ject to the final al►proval of GL)TS. ;in
arcIiitvcIifial contract with Baldwin, Sacknian and Associates for service%
I eg.o ding this Ill oiccl :it the 1►►wcst possil►le cost. The contl act will he
between the a►chitect and GOTS (CO 1. DC will lie the negotiating agent
fur GUTS).
0. C Li L I ) C has already prcl►aied a development Ilan and develol►ment
budget fur the rehabilitation of the former . _'TIKI Iuilding. The total
estimated cost of the rcfit hiIitalioii is ' S350,0(I(l) The dcvelopment plan
and budget .Ire subject to the approvtil of (jury. T1ie devcloplllent
budgC1 will include a fee fur the services of ('M DC in carrying out its
obligations under this conllact. The Ice will ht.. 101";. (►f the tot;►I
develol►ment budget not including the cost of acquisition (see Irlragraph
17 below).
7. CGLUC
will prepare luan packages for this project to he
submitted
to the State
of I.lutida, the ('ity of Miami, and various bulks.
The loan
packages will
contain requests for sufficient sums of money to meet all of
tilt; costs as
outlined in the development budget. All such loan
packages
are subject
to the approval of GUTS. CGI.DC, with the approval of
GUTS. will
present these loan packages to the various lenders.
CGLUC
will use its
best efforts to see that the loans applications are
approved.
GUTS will be the Ilorrower for all relevant loans with CGLUC
acting in
the capacity
as all agent Ior G U'l S in proctit ing the loans.
It Is
expressly understood
that CGLUC c:II1noI guarantee rile l'unding
or
approval of
any loan application submitted to its Revolving Loan
Fund (a
cooperative effort with the Florida Department of Community Allairs).
8. CGLUC (as an agent for GLITS) will i►egotiate an agreement with a
qualified building contractor to undertake the necessary renovations of
the building. The contract will he subject to the approval of GUTS.
CGLDCwUl supervise said contractor during the: rehabilitation work.
9.. CGLUC,, 'rile its best efforts ' to obtain all government hermits, zoning
variances (if any) and other approvals that might he necessary for (Ile
completion QF this project. It is expressly understood, however, that it
will be the responsibility of the building contractor (mentioned in
paragraph 7 above) to obtain any I)ermits, variances, and other approvals
that might be necessary.
10. CGLUC will nlau;ige the properly upon con)pletiou.
9 N-73'i`
AlCl lt'I.li'I TWO.
klLSVONNIIII LI 1'II :% OF (iU'IJ
It. tItt I :.I,.,II Illuvide to ('(;I.1)C lull inlolntalinn fegar(Iinl; its
I't•tlllll t.tllt.'1111, till 11w. Ill ojC►1.
1:'. (;IIIS gill llut will easttn.11lly Hilllhuld aIll ►tIva I of Ill u1lowd ro(l1wels,
I11.111'., Mid * atI1.111♦ that 11.1ve Ill•a:ll Ilt'k;t►Ii.tlCtl, I►Iell.11l't1 ill ulldel(Aell Ily
C'111.11�' Inll..11.11ll to till, .11;I Ce111CIII
II. (tiff'; will Illy ('lllAW .1 Iti• c•.Iu.11 lu IU',i• ill lilt: lol.11 cost of
red�v�Ittlllnellt, eat ludlnt; ' I.IIIJ .Wilili."llit,n, .11 tunllu usaliult lt►r its swvit.e,
ulldt•t lilts.It;llellll'l1I(sccI1.11.1glap1117ItiIll%%).
1.1. t/ll'I:S ageets U► allow CGI.lu' jhligmiuns and hemAils
uud11 till:. tt.11llat ( to its tor•lltold %ullsithaly. In the event Ilia[ such all
assibuulelll is 111.1Je, like subsid1.11V rulllul.11loll wlluld Ile hound to the
(Cl Ills of uti:, t•01111.14, (;111`►, 11kL'% ht•, would continue tci be hound
lly 11IL 1.'1111., 111�1111., ett1111.111.
li. (lU'1'S will Illui,life 1C11.1111!, till lilt: C'litile gr(Is b Ic-aNil le a.IuaIu
111u1.1l;t' 4.4 all ill011CI IIla I. hat►IIILIIt J Itill A1,1111 Ili OW. .IE;14:C1llullt.
I(.. l;U'I':►
aI;Icc:. to
coutl.lt•[ %,ills
c W.DC to Ilia .uage all properly
Itatalt�lil.111_d
IIIIIstl.1111 10
tills %:ollIlat,I.
The 111.111JUVIllcllt lee Ilayable I(1
(a;I lye shall
lie ill'
file allnu.tl
(;ltl , 111C011tl: 6t:nclalcd by till: subject
►
MISCELIANIiOUS PROVISIONS
17. In
luturll tot its
u:rvices 11111141. Illis cisi Uact. (iLITS sill
hay CGLDC
a tee
e/lual to 1111:1
of Cite 1111.11 devc1ol►nlenl budget (nut
including till:
COO 111
a(:tllltslllllll).
'I he fee V,1111 he I1ayd111C out (►I tile
luall llfocue is
for file
Ili Ij,:,:1
18. Neilllcr• pal ty shall a„1I;11 111k ;Igi et;'nlenl, tit any iliterest Ihereitl,
Without the Ill iur written cunst nt ill the other Il.0 ty el►eellt that C ULUC;
Can assign its cunlract it, Ill i6.11iuIts and belief Its to its for-Ilrolit
subsidiary.
19. In file event that any Illuvisittlt Ill this agleenlent is found to be
legally unellt'urecable, such ulie ltlilt Ceabilily shall licit prevent enfoicement
of ally other Ilrovi:.ion uhhis agl ecn►enl.
Ile billdiltt; Am,moil 01-111 inule 111 the bellelit —737
20. This al;rcelneut %hall
aw
of, the parties to it and their Iespective heit., It.g.tl le-plesenlaIives, and
stleceSWI S.
21. No waiver of' :lily of the provisions ctf this Contract shall lie deemed
I(,, or shall constitute, a waiver of any other provision, whether or not
similar, nor shall any wavier conslittlle a continuing waiver. No waiver
shall he: binding unless executed in writing by the (tarty granting the
waiver.
22. Phis C'un11.10 c►InsIilules the entite agree lilt, (it between tile parties
hereto loci taming to the subject matter conlained herein. Net supplemem,
inodilicaIion, or amendmenI. of (his C.'nntraet shall he binding unless
executed in writing by all authorized rcprescowlives ol' the (tallies.
2.1. This CyitnacI may lie executed simultaneously in two ur mote
c0linlerparts, each of which shall be deemed It, he at al iginal, but all ul
which together shall constitute otle anti the s:uue ills(runteot.
24. They let ills of this C'onh-act shall cuutntence on the April 12, 1988.
25. All not ices or other comntunir,tiun given lilt sua lit to this Contract
shall he in writing and shalt bt. delivered by peisort;ll service, or by
registered mail addressed to the pat ly at the address indicated herein or
as (he same may he changed I'mill little to lithe. Such notice shall be
decined to He given oil the day till Whirl' is personally saved or on the
dine of actual receipt, whichever is eau tier.
tttat
For C61DC -
David Alexander
Coconut Grove I.UC
P.U. Box 75
Coconut Grove, Floi ida 33133
For GU'1S-
Mr. Walter Green
3677 Grand Ave.
Coconut Grove, Florida
26. This CetnUact s11a11 he subject it) Moll governed by the taws o1' tile;
State: of Florida. both substantive and remedial.
27. The. parties, by mutual coast-nt, Roily terminate the cunlract at any
troll:.
28. If GUTS midaterally letntinatcs the contract without file consent of'
CGLDC despite the! continuing good faith performance by C:GLUC ul' its
contract obligations, GUTS will be ohligated to pay CGL DC liquidated
■
0
t1ilmages 111' $.t,i11111.
IN WI'I'Nl.SS WIlUM-01., t11e Parties hereto :agree to the allave
brae. -Illd have caused this Contract to he executed in their nanics by
their duly auth(►tiZed niti.ers.
CiROVITLS UNITIA) I'U SURVIVU. INC.
Walter QIcell, Ihcsidou
CUULINU'1 UROVE LO AI. DIsVI LUI'h1LN'1'C:c11t1'UItA't'IUN, INC
David Alexander, I3xecutive Dir"tur
Wp\327\coct)2.cir
CITY OF MIAMI. FLORIDA
ral
I
TO
FROM
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
Cesar H. Odio
City Manager 0
RECOMMENDATION:
DATE J V L 1 1 1988 FILE
SUBJECT Approval of Agreement between
Grovites United to Survive &
Coconut Grove Local Development
Corporation.
REFERENCES Commi ss ion Agenda Tt em -
July 21, 1988
ENCLOSURES.
It is respectfully recommended that the City Commission approve
the attached resolution approving the Professional Services
Agreement between Grovites United to Survive (GUTS) and Coconut
Grove Local Development Corporation, Inc. (CGLDC) whereby Coconut
Grove Local Development Corporation, Inc. will provide
development services to Grovites United to Survive for the
Tiki/Goombay Plaza Project. Funds for this project were
allocated and approved by the City Commission on February 14,
1985 by Resolution No. 85-95.
BACKGROUND:
The Department of Community Development has analyzed the need for
Grovites United to Survive to seek assistance in the development
of the Tiki/Goombay Plaza Project.
On February 14, 1985, the City Commission passed Resolution No.
85-190 approving the execution of a loan agreement with Grovites
United to Survive (GUTS) in the amount of five hundred thousand
dollars ($500,000) for the development of the property at Grand
Avenue and Douglas Road.
Since 1984, Grovites United to Survive has been able to acquire
the property and contracted with the architectural firm of
Baldwin, Sackman and Associates to provide initial cost estimates
and proposed renderings for the project.
However, due to the lack of expertise and/or manpower on the part
of Grovites United to Survive, no further progress has been made.
Of the five hundred thousand dollars ($500,000) allocated by the
loan agreement to Grovites United to Survive, Inc., only two
hundred forty-nine thousand one hundred fifty-two dollars and
seventy-five cents ($249,152.75) has been drawndown. In order to
move this project forward Grovites United to Survive negotiated
with and selected Coconut Grove Local Development Corporatton,the
local community based organization, to provide staff and other
development services in order to quickly bring the project from
the planning stage to reality.
98-737 �_/
Honorable Mayor and Members
of the City Commission
Page 2
No funds for rehabilitation will be released until the balance of
the total new estimated project cost has been identified and
committed.
Grovites United to Survive has agreed to pay Coconut Grove Local
Development Corporation a developers fee in the amount of ten
percent (10%) of the total development cost less expenses for
land acquisition, payable from the loan proceeds for the project.
Once progress is made in their development we will be submitting
a renegotiated loan agreement for Commission approval.
Attachments:
Proposed Resolution
88-'731P
c
C�
COCONIP GROVIs LOCAL I)LiV1;1.01'MIiN'I'C:Ultl'UItA"1IUN, INC.
AND
GROVI'MS UNI11A)'IO SURVIVE, INC.
THIS A(;REI—.*NiE'N'T' is made and entered into► by and between
C'00)NUT GROVE, LOCAL I)L'VI.A.011NIENT CORPORATION, :t not for
Itrolit curl►uratiun trrganized under Chapter 617, 1_Iorida,Slalom.!;;
(hereinaflur tcl'c;rred to as "COLUC:") and (lie GROVI'1'I:S UNITED TO
SURVIVU, INC:., a fur-l►rofit cc►r(mration organized under Chapter 017,
11 ill_i `,ijititt_s (hereinalter teferred to as "C;UTS"). .
WI II:RI-*AS, GUTS holds title to a huilding Itirmcily known as the
" IKI IiuildinE, and certain adjc►ining I►rol►cttius (hereinaf(cr this growl► of
Itro1►ettics shall be referred m as Gwilttbay Plaza) which are loaned Bear
the corn+•r of (;rand Avenue and Douglas (toad in C'cxonut (.irove in the
(: ily # if Miami, and
WHEREAS, GUTS 1'desires tel►ahidit.rtu and Icase (,itioml+ay Plaza to
private businesses and professionals so as to contribute to the economic:
devel(iluncnt of the U)conut Grove CDBG target arc:►, and
Will"RL'AS, CGI_UC is working towards the acco.implishmem of an
c..c(mmuic develc►l►mem strategy of the (. mmmt Grove• target area and fur
tltiti reason would also like to see file C;uuill bay Plata 1►1o1►crty
rehabilitalcd and leased, and
WHE'RGAS, CGLI)C: has a hrofemsional stal'i that has cycrience in
rellabilifating real hrol►ertics, and
Will.111-AS, GUTS dues not have a professional stalf to oversee: the
redevelopment and management of Goomhay Plava, and such . properties
have; remained unintltroved fur several years,
NOW, 'rnE EFC)I•tF, in consideration of the mutual covenants
contained herein, C:GLDC and GUTS agree as follows:
Alt'I R 1.Is ONI -';
RFN* ONSlllll..fHIl ,S OF
1. C:GI.I)C agrees 111a1, ati of d►.: diltC ul' thi, compact, it will a.:t as
the primary agent II►r (A lTs in c•arr) iuj! mit file rcd�•vc:lupntcnt of the
GuLwth:,y Plata.
2. CGLUC acc:clwl flit: relationship +i) trust :Intl roolidence +�:.1ablixhl�d
between it :and (AYI'S by this ;i�.r+: _►;►col ar;d J►ronti�cs to 1.1%4. its • best skill
anti judgement in carrying out its duties.
88f 73'"j
3. CGLDC will cause to be demolished
furnwily known as the TIKI Building (in
Avenue for the (larking area) mud will
the opining.
the small annex to the property
older it) provide access to Gland
gut Ilse existing building and sett)
4. CGLDC will cause the former rI K I Building to he designed in such a
maimer so :►s to allow for limited (larking on the plaza area, changing the
facade of the building utilizing the City of Miami's cunlnlerciA Iacade
project :ritd designing llle main entrance to face Douglas (toad.
5. c(;I.I)C will negotiate, subject to the final approval of GUTS, :ln
architectural contract with Baldwin, Sack mait and Associates for services
Iegatding this pioject ill the lowest possible cost. The cuntiact will he
between the architect and GUTS ((:(; L DC will be the negotiating agent
for OUTS).
h. CGLDC has already prepared it developillent plan and development
budget for the rehabilitation of the former— TIKI Building. The total
estimated cost of the rehabilitation is " 050,000. The development Ulan
and budget are subject to the approval of GUTS. 'rile development
budget will include a fee fur the services of CGLDC in carrying out its
obligations under this contract. The lee will be 10,,;, of the total
development budget not including the cost of acquisition (see paragraph
17 below).
7. CGL.DC
will prepare loan packages for this project to be
submitted
to the State
of I.'lorida, the City of Miami, and various banks.
'rite loan
packages will
contain requests fur sufficient sums of money to meet all of
the costs as
outlined in the developntc-nt budget. All such loan
packages
are subject
to the approval of GUTS. CGLDC, with the approval of
GUTS, will
present these loan packages to the various lenders.
CGLDC
will use its
best efforts to see Ihat the loans applicalions are
approved.
GUIs will be the borrower for all relevant loans with CGLDC
Acting in
the capacity
its all agent for G UTS in proem ing lite loans.
It is
expressly understood tlial CGLDC cannot guarantee the funding
or
approval of
any loan application submitted it) its Revolvliig Loan
fund (a
cooperative effort
with the Florida Department of Community Atl.tirs).
8. CGLDC: (as an agent for GUIN) will negotiate an agreemenl with a
qualified building contractor to tindertake the necessary renovations of
the building. The contract will he subject to the approval of GUTS.
CGLDC will supervise said contractor during the rehabilitation woi k.
9.. CGLDC, .6 a its best efforts ' to obtain all government permits, zoning
variances (if any) and other approvals that might he necessary fur the
completion of this project. It is expressly understood, however, that it
will be the responsibility of the building contractor (mentioned in
paragraph 7 above) to obtain any permits, variances, and other approvals
that might be necessary.
10. CGLDC will manage the prolm ly upon completion.
Ra-7 3`% I
►
1V
Alt* 11 'I.li'ItiVC);
I(ESI UNJIIIII.1'I'11'ti 01: GUTS
II. (;ll 1 S :,II.III Illuvitic it) C'C$I.DC lull iululmaIi(lit IegarJini; its
rctlunt.ulculs fill l(u:.111%,jC0.
12. GIII'; It ill Iltlt uult•atil.nallly %illill"III ;llll►luval of Iuulloscd contracls,
111.111'., .,till ' .1t1i.Ills IIlaI lwve I►I'cll Itcl:,111i.11cJ, III C11.11ct1 t11 Ul1tle1lal\t:tl Ily
C't..,1.1 it' ( lilt "twill lu till, .It;lcl'Iticlll
will pay 4,'I.II.DC .1 I..e equal to M";. ul lilt- Iu1.11 cu.t ul
rcticvc:h)little Ill, cit.-lutillig ' IatlJ .1t.,111C.11it,n, ati CUM IIc•ttNil IIo on fur its u:rvic.c,
u11Jt•I IIlls .IL -,I eclltt'tll (Jcc Ilal :lgi .111b 17 (,1. I41%% ).
1.1. C,CI'I1 :Il;l.ca ill :Mow CY;I.IIt' lit ay.il;n its ublil;.11iuni and bcnclils
uu.lt , thV. t t,ull;lt'l to its fur•111.1bt %ull,itli.Ily. In the cvcnl that %licit an
a�aibnIIIVII de, the suhsIdjm V VIlllrt►r.11iorl would be I►uunJ to llte
1cl uI% ul I III:, cmill aL 1. C; t l l S. li{.. tr c.c, wuu1J t•u111Inue to be bound
by Ilw (.•I III.. ill 1111.2 t'uult.lt'I.
IS. UtYIS will littl iIde Icl►.Iul] lilt IIIc cutile gro» Icasable %-quart:
luul.11-y uf:111 lttul,crttc.-. 1.:IwUilltalcJ put %,.lilt to tlli:.:1e;lctallcut.
al; Icc" lu cuutl.I►•► �.iIll t ULDC: to nla.n;lge all ,properly
Icl►.II1AIlat.:11 pulsuanl to tlli, cull,IIMA. Tile tll.Ina�;rotcnt Ice payable it)C.LIII•I)t: s11.111 lie •Itl';U lit tilt` anllu.,l l.;tl►:.." ittt;tlllle bt:llclaletl by tilt: subject
Alt'I It *1 .1:. TI I Id '.I;;
MISC E'LlANEA)US PROVISIONS
17. lit ttauru lul its services uulll•r Ibis t•unllact, GLI'I':; will hay C'GLI)C:
a Ice cyu:tl to (III:u of lilt: Iut.11 Jrvclulllncnl hudget (n(ot including lilt:
ctl.,t ill 6ic.lui.s4il►n). 'Ilse Ice will be pay.lhl-z out of the luan procccds
for the IitIij,:,:t
Ili. Neilbct' pally shall assign IIIii ab,cclucnl, of any inicresl Ilicrcirl,
withuut the Ill iur writlwl cunsuill ul tile litho pat ty except that C ULUC:
Can assigtl its cuntract oIll IgaIions :Ind benclIts to its fol•prolit
Subsidiary.
19. In the event Il,r( any 11141vl.il►n Ilf this agrccnlent is Iuund to be
legally ulicit forecilWe. %U01 ullelllt►l ceability shall not prevent citfutcelltent
UI idly other provlSloll ul this :Igleelliclit. SS--737
20. 'I his agi-celncnl %ball be I-.illdint; ou, %loll Al -Ill if' III c 11) the brnclil
0
of, the imrties to it and their respective heirs, It.g.11 tel►tesenlaIives, and
successtit S.
21. No waiver of any of the provisions of this Contract shall he deemed
to, or shall constitute, a waiver of any other provision, whether or not
similar, nor shall any wavier constitute a continuing waiver. No waiver
shall be: binding unless executed in writing by the: party granting the
wa ivcr.
22. This C'onnact constitutes the enure agreement between the panics
hereto l►et raining to the subject rt►.►lter contained herein. No supplement,
ntodilicatatilt, or amendment of this Contract shall be hinding unless
executed in writing by all authorized rcl►rescotatives of the parties.
2.1. 'I'Itis Ctinttact may he executed simultancously in two or more
counlerimrts, each of which shall he deemed to be an original, but all of
which together bliAl constitute: ooe:uul the same instruntcnl.
...
24. 'file tcr►tu Of lhis ('ontract shall cuntn►cne•e e►u Like Al►ril 12, 1988.
2.5. All notices or other comn►unicaIiun given 1)utsuaitt to this Contract
shall be in writing and shall be delivered by personal service, or by
registered mail addressed to the l►at ly at the address inelicated herein or
as the same may he changed front time to tittle. Such notice shall be
deuned to be given on the day tilt which is personally served or on the
date of actual receipt, whichever is cat lier.
I -or C;GLDC -
David Alexander
Coconut Grove LDC
1'.O. [Sox 75
Coconut Grove;, glut ida 33133
For G U'1 S -
Mr. Walter Grcen
3677 Grand Ave.
Coconut Grove, Florida
26. This Conit act shall he subject to ;u►d }"ovct ned by the laws of the
State: of Florida, both substantive and remedial.
27. The, parties, by mutual cor►svltt, stay tertttinate the contract at any
time.
28. If GUTS unil,►terally terminates
CGLDC despile lhe: continuing good
contract obligations. GUTS will be,
the contract without the consent of,
failh performance by C;GLDC of its
obligated to fray CGL.I)C liquidated
damages oC $3,t►llt►.
IN •WI'I'NfiSS WIIERE-OF, the parties hereto agree to the above
terns and have caused this Contract to be executed in their names by
their duly authorized officers.
(;l:o.)VI'I'IS UNITI'D'1'U SUIMVl., IN('.
By -
Waller C4rceaa, Iliusident
COC:UNU'I'URUVE LOC:AI. DL'VI:LUI�fvIL'N'I'C;c)ItI�U1tA'I'IUN, INC
BY < < date::
David Alexander, [ixecutivc f )Irelagr
Wp\327\co co2.ctr
819— 13
■
0
" 85-264
RESOLUTION NO. 85-190_
A RESOLUTION APPROVING AND CONFIRMING
THE ACTION BY THE CITY MANAGER IN THE
EXECUTION OF A LOAN AGREEMENT WITH
GROVITES UNITED TO SURVIVE, INC. (GUTS)
IN SUBSTANTIAL ACCORDANCE WITH THE TERMS
AND CONDITIONS OF THE ATTACHED AGREEMENT
TO LOAN $500,000 FOR THE DEVELOPMENT OF
THE PROPERTY AT GRAND AVENUE AND DOUGLAS
ROAD INTO A COMMERCIAL COMPLEX; AND
APPROVING THE PROJECT BUDGET.
WHEREAS, the City Commission at their meeting of February
14, 1985, by Resolution No. 85-95 approved entering into an
agreement with Grovites United to Survive, Inc. (GUTS) pending
the approval of a project budget; and
WHEREAS, the project budget is now attached to the
agreement;
NOW, -THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The action by the City Manager in executing the
loan agreement with Grovites United to Survive, Inc. for a loan
of $500,000 to develop the property at Grand Avenue and Douglas
Road into a commercial complex including a restaurant, and/or
retail shops and assembly rooms is approved and confirmed in
substantial accordance with the attached agreement.
Section 2. The budget presented as Exhibit 2 of the
attached agreement is hereby approved.
PASSED AND ADOPTED THIS 28th day of February 11985.
Maurice A. Ferre
MAURICE FERRE
Mayor
CITY CO!'01ISSION
88-737 1 MEETING OF
FEB 28 191185
RESOLUTION NOPS-M180.
J-85-162
2/5/85
rr/028/D-T
M84-768
(7/30/84)
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO THE ATTACHED AGREEMENT WITH
GROVITES UNITED TO SURVIVE (GUTS), INC.
FOR A LOAN OF $500,000 TO ASSIST IN THE
c REDEVELOPMENT OF PROPERTY AT GRAND AVENUE
AND DOUGLAS ROAD INTO A COMMERCIAL
COMPLEX; ALLOCATING $400,000 OF JOB BILL
FUNDS AND $100,000 OF TENTH YEAR
COMMUNITY DEVELOPMENT FUNDS AS THE SOURCE
OF FUNDING OF THE LOAN FOR SAID
REDEVELOPMENT PROJECT AND PROVIDING THAT
NO FUNDS SHALL BE RELEASED FOR DEMOLITION
OR REHABILITATION UNTIL THE CITY HAS
ACQUIRED A FIRST MORTGAGE INTEREST ON THE
PROPERTY AND GUTS HAS ACQUIRED A FIRM
COMMITMENT FOR THE LOAN OF $200,000 FROM
OTHER SOURCES OR CAN DEMONSTRATE TO THE
CITY THAT THE SAID PROJECT CAN BE
ACCOMPLISHED WITH AVAILABLE FUNDS.
WHEREAS, the City Commission at its meeting of July 30,
1984, authorized and directed the City Manager by Motion No:
84-768 to allocate an amount not to exceed $500,000 to be
used as a fund for a loan at a low interest rate pursuant to
a request made by Grovites United to Survive (GUTS), Inc. to
redevelop commercial areas of Black Coconut Grove,
conditioned upon an agreement being drawn; and
WHEREAS, GUTS, Inc. has an interest in redeveloping a
vacant commercial structure on Grand Avenue into a viable
commercial complex; and
WHEREAS, funding is available in the amounts of $400,000
from Job Bill Funds and $100,000 from Tenth Year Community
Development Block Grant Funds; and '
WHEREAS, the total amount of the project is estimated to
cost $700,000 and
WHEREAS, GUTS will provide from other sources the
remaining $200,000;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA: CITY COMMISSION
88--737 MEETING OF
FEB 14 1985
4k
Section 1.
The City Manager is hereby authorized and
directed to execute the attached agreement with Grovites
United to Survive (GUTS), Inc. for a loan of $500,000 to
redevelop the property at Grand Avenue and Douglas Road into
a commercial complex including a restaurant, and/or retail
shops and assembly rooms.
Section 2. $400,000 of Job Hill Funds and $100,000
of Tenth Year Community Development Block Grant Funds are
hereby allocated as the funding source of the herein loan.
Section 3. No funds shall be released for demolition
or rehabilitation until the City has acquired a first
mortgage interest on the property and GUTS has acquired a
firm commitment for the loan of $200,000 from other sources
or can demonstrate to the City that the project can be
accomplished with available funds.
PASSED AND ADOPTED this 14 day of February , 1985.
EST:
RAL H G. ONGIE
ITY CLERK
PREPARED AND APPROVED BY:
7
CHRIS EiER G. K RG
CITY ATTOr-
ASSISTANTY
APPROVED AS
"W L.I -0 ----
CITY ATTORNEY
Maurice A. Ferre
M A Y O R
FORM AND CORRECTNESS:
139-'73i
(1-3/)-