HomeMy WebLinkAboutR-85-01905
J-85-264
RESOLUTION NO. 850-1.90
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 ,1985.
Maurice A. Ferre
MAURICE FERRE
Mayor
CITY COUMISSION
MEETING OF
FES �p]28 1985
ION Ng s-190,
-1-
h
ATTEST%
4 �
i
H G. ONGIE
City Clerk
PREPARED AND APPROVED BY:
CHRISTOPHER KORGE
Assistant City Attorney
APPROVED
CORRECTN
LUCIA ALLEN-D
City Attorney
AND
CITY OF MIAMI. FLORIDA
4 INTER -OFFICE MEMORANDUM
}
y . TO. Randolph B. Rosencrantz DATE February 27, 1985 ,-,,.F
City Manager
SUBJECT Goombay Plaza
FROM REFERENCES
Fra Castaneda, Director City Commission Meeting
Department of Community Development February 28, 1985
ENCLOSURES
"It is recommended that the City
Commission approve and confirm
the project budget and execution
by the City Manager of a loan
agreement with Grovites United to
Survive, Inc. (GUTS), in
substantial accordance with the
terms and conditions of the
attached agreement. The loan of
$500,000 shall be to acquire
property; pay off a leasehold
interest; repay GUTS for advance
monies put into the project;
:Y
prepare architectural plans;
execute selective demolition; and
perform building renovations; in
order to develop the site at
£s'.Y'
Grand Avenue and *Douglas Road
-'
into Goombay Plaza a complex
containing a restaurant, and/or
retail shops and assembly rooms."
On February 14, 1985, the City Commission approved by Resolution R.85-
95 the execution of the proposed agreement between the City and GUTS,
pending the approval of the project budget. Attached as Exhibit 2 of
the agreement is the proposed budget. Based on City Commission
discussion, the agreement has been revised to add a provision that the
City shall hold in trust the 25% payments of project profits and
utilize those funds for economic development projects in the Coconut
Grove Target Area.
Pursuant to the agreement, GUTS must demonstrate that the City loali
combined with any commitment of other funds, shall be sufficient to
complete the project. Grovites United to Survive, Inc. has been
discussing the leasing of most of the first floor space to Mr. Monty
Trainer, who has agreed to provide leasehold improvements to that
space in order to develop a minority owned and operated restaurant.
CITY COMMISSION
MEETING OF
FEB 28 W5
— RESQIU I tW "u.
REMAR /
B A L D W I N
S A C K M A N
FEBRUARY 27, 1985
MR. WALTER GREEN, PRESIDENT GUTS r;
CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
1145 N.W. 11 STREET
MIAMI, FLORIDA 33136
RE: GOOMBAY PLAZA (TIKKI LOUNGE)
PROFESSIONAL SERVICES AGREEMENT W/
CITY OF MIAMI-DATED JUNE 10, 1984
DEAR WALTER,
PLEASE FIND ATTACHED A REVISED BUDGET FOR THE ABOVE
REFERENCED PROJECT. THIS BUDGET SUPERCEDES THE BUDGET
SUBMITTED BY US ON DECEMBER 6, 1984 AND REFLECTS THE
AGREEMENT IN PRINCIPAL THAT GUTS HAS REACHED WITH MR.
MONTY TRAINER. IT IS MY UNDERSTANDING THAT HE HAS
AGREED TO BE A MAJOR TENANT IN YOUR PROJECT AND TO OCCUPY
MOST OF THE GROUND FLOOR SPACE AND WILL CREATE A FIRST
CLASS RESTAURANT OR FOOD FACILITY. HE HAS FURTHER AGREED
TO PROVIDE THE LEASEHOLD IMPROVEMENTS AND THE EQUIPMENT
NECESSARY TO OPERATE THE RESTAURANT, SNACK BAR AND THE
BANQUET FACILITY LOCATED ON THE SECOND FLOOR.
IT IS WITH GREAT ENTHUSIASM THAT WE ARE PROCEEDING WITH
THE WORKING DRAWINGS ON THIS PROJECT.
SINCERELY,
BALDWIN SACKMAN + ASSOCIATES, P.A.
GAIL B. BALDWIN, AIA
BALDWIN SACKMAN + ASSOCIATES, PA ARCHITECTS
ARCHITECTURE - PLANNING - INTERIOR DESIGN 2869 SW 27th AVENUE. COCONUT GROVE. FLORIDA 33133 305.446-64QI
B A L D W I N
S A C K M A N
FEBRUARY 27, 1985
GOOMBAY PLAZA
COST ESTIMATE AND BUDGET
LAND AQUISITION BUDGET:
DEVELOPERS PURCHASE OF PROJECT SITE:
DEVELOPERS PAYOFF OF LEASHOLD INTEREST
OF 3674 FLORIDA AVENUE AND
3677 GRAND AVENUE
REIMBURSEMENT TO DEVELOPERS FOR ORIGINAL
INVESTMENT, ADVANCED FOR PROJECT SITE
CONSTRUCTION BUDGET:
$ 105,000.00
50,000.00
40.0000.00
SUB -TOTAL $ 195,000.00
GOOMBAY PLAZA (CORNER PLAZA)
REAR PARKING LOT
PROCH ADDITION ON WEST SIDE
ENTRY ADDITION (GRAND AVENUE)
EXTERIOR ELEVATIONS, CHANGES
ROOF
FIRST FLOOR INTERIOR
SECOND FLOOR INTERIOR
SUB -TOTAL
ARCHITECTS FEE
TOTAL BUDGET
41,073.00
16,000.00
21,032.00
33,918.00
420260.00
160000.00
37,000.00
66,260.00
$ 273,543.00
31,457.00
$ 500,000.00
BALDWIN SACKMAN + ASSOCIATES, PA ARCHITECTS
ARCHITECTURE • PL%=.NNIING • INTERIOR DESIGN 2869 SW 27th AVENUE, COCONUT GROVE, FLORIDA 33133 305-446.6491
t
AGREEMENT BETWEEN THE CITY OF MIAMI
AND GROVITES UNITED TO SURVIVE, INC.
This Agreement, made and entered as of this day
of ,1985, by and between the CITY OF MIAMI, a munici-
pal corporation of the State of Florida, hereinafter referred to as
the "CITY", and Grovites United to Survive, Inc., hereinafter re-
ferred to as the "DEVELOPER".
W I T N E S S E T H:
WHEREAS, the City Commission at their meeting of July 30, 1984,
authorized and directed the City Manager by Motion M-84-768 to
allocate an amount not to exceed $500,000 to be used as a loan fund
at a low interest rate loan pursuant to a request made by Grovites
United to Survive, Inc. (GUTS) to redevelop commercial areas of
+ Black Coconut Grove, conditional upon an agreement being reached; an
WHEREAS, Grovites United to Survive, Inc. (GUTS) has an inter-
est in redeveloping a vacant commercial structure on Grand Avenue
i .
into a viable commercial usage; and
WHEREAS, funding is available in the amounts of $400,000 from
JOBS Bill funds and $100, 000 from Tenth Year Community Devolopment
Block Grant funds; and
NOW THEREFORE, in consideration of the mutual promises and
obligations herein contained, and subject to the terms and condi-
tions hereinafter stated, the parties agree as follows:
ARTICLE I
Definitions
1.1 For the purposes of this Agreement, the following terms shall
be defined as set forth below.
:sue
1.2 The "Project Site" shall mean the propeftiea located at 3674
Florida Avenue, 3677 Grand Avenue, and 3685 Grand Avenue in
Miami, Florida as more specifically described in Exhibit 1
which is attached and incorporated herein.
1.3 The "Project or Project Elements" shall mean renovation of a
?r.
two story building of approximately 10,141 gross square feet;
demolition of a one story building of approximately 1,500
gross sq. ft. and leasing of the first floor to a restaurant
i
u
and/or retail tenants and leasing of second floor assembly
rooms as needed.
1.4 "City Loan" shall mean those monies advanced to DEVELOPER by
the CITY in connection with the Project and pursuant to the
terms and conditions of this Agreement and Mortgage which is
Exhibit 3, attached and incorporated herein.
1.5 "Total Development Cost" shall mean the Total Project Cost
and shall encompass the Line Item Activities set forth there-
in, in Exhibit 2 which is attached and incorporated herein.
1.6 "Net Annual Cash Flow" means all operating income and receipts
of the Project, less debt service on the CITY Loan, debt
service on the second loan, real estate taxes, and reasonable
project expenses (including a management fee) not to exceed
4% of project income allowable for federal income tax purpos-
es.
1.7 "City Activities" means those activities of the Project to be
carried out by the CITY, or an agent or agency of the CITY.
1.8 "Operating Year" means the twelve month period beginning the
first day of the month following the month the Certificate of
Occupancy is issued, or January 1, 1986, whichever is sooner.
' 1.9 "Net Annual Developer Cash Flow" means Net Annual Cash Flow
minus 25% of the Net Annual Cash Flow paid to the CITY as
Participation Payments.
1.10 "Project Income" means all revenues received by the DEVELOPER
from leases, rentals, fees, percentages of profits or any
4
other revenues produced in connection with use of the build-
ing and grounds.
1.11 "Participation Payments" mean payments to the CITY by the
DEVELOPER of 25% of the Net Annual Cash Flow of the Project.
ARTICLE II
Supervision
2.1 For the purpose of this Agreement, the City of Miami Depart-
ment of Community Development (hereinafter the "DEPARTMENT")
will act on behalf of the CITY in the fiscal control, pro-
grammatic monitoring, and modification of this Agreement,
except as otherwise provided by this Agreement.
ARTICLE III
Time of Performance
3.1 The effective date of this Agreement shall be the date of
execution by the City Manager, and shall terminate when the
City Loan is paid.
ARTICLE IV
Scope of Services
4.1 DEVELOPER shall purchase the Project Site at a cost of not
more than $105,000.
t
.4.2 DEVELOPER shall pay off the leasehold interest, of the proper-
ties located at 3674 Florida Avenue and 3677 Grand Avenue for
a sum not to exceed $50,000.
4.3 DEVELOPER shall be reimbursed up to $40,000 for the original
investment advanced for the Project Site upon approval by the
CITY of documentation of these costs.
4.4 DEVELOPER shall construct the Project Elements at a cost not
to exceed $505,000. All rehabilitation costs or changes in
plan must be approved by the CITY prior to commencement of
construction. Such approval will not be unreasonably delayed
or withheld.
4.5 DEVELOPER shall finance the purchase of the Project Site and
the construction of the Project Elements from the following
sources:
City Loan $500,000
Other financing or commitment
to improve sufficient to complete
project funding, estimate $200,000
- (Refer to Paragraph 6.7
of this agreement)
-
$700,000
'
4.6 DEVELOPER
shall manage, or cause to be managed, the
Project.
4.7 DEVELOPER
stipulates that the Project Site will be
acquired by
k?
April 1,
1985.
jx
4.8 DEVELOPER
warrants that it will obtain, all federal, state and
local governmental approvals and reviews required
by law for
this Project.
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ARTICLE V
Project Reserve Fund
4^f. 5.1 In the first two Operating Years, the Net Annual Cash Flow
remaining, will be used to establish a project reserve fund,
to be deposited in an escrow account under arrangements
approved by the CITY. Withdrawals from the reserve fund will
require prior written approval by the CITY. Withdrawals from
t{ the reserve fund shall be paid back from the Net Annual
Developer Cash Flow in subsequent years until the reserve
account is replenished. Debt service on the City Loan during
the first two Operating Years will be deferred in accord
with Paragraph 6.5 of this Agreement. At the termination of
this Agreement the Project Reserve Fund shall be disbursed as
follows: twenty-five percent (25%) to the CITY and seventy-
five percent (75%) to DEVELOPER. In the event of a default,
the Project Reserve Fund shall accrue to the CITY.
ARTICLE VI
Funding
6.1 The City Loan to DEVELOPER shall be in a principal amount not
to exceed $500,000 to assist in the financing of the Project
according to the terms and conditions set forth in this
Article.
6.2 The City Loan shall be for 15 years commencing on the first
day of the Operating Year.
6.3 DEVELOPER agrees to pay CITY 3% interest per annum compounded
on the unpaid balance of the City Loan.
6.4 DEVELOPER hereby agrees to pay Documentary Stamps, Intangible
taxes, Recording Fees, and any other miscellaneous costs
generated in relation to the City Loan including the purchase
of various required insurance policies from the loan pro-
ceeds.
6.5 Principal and interest payments on the City Loan shall be
deferred in year 1 and 2 but shall accrue and gather interest
at a rate of 3%. Commencing in year 3, repayment of princi-
pal and interest of the City Loan shall be made in monthly
installments in accordance with a 28 year amortization sched-
ule during the term of the loan, and a balloon payment suffi-
cient to pay off the entire outstanding indebtedness of
principal and interest shall be made at maturity of the City
Loan.
6.6 The City Loan shall be secured by a first mortgage in favor
of the CITY upon all land, buildings, plant, fixtures, equip-
ment and other assets of DEVELOPER comprising the Project. A
copy of said mortgage and note is attached as Exhibit 3 and
0# 40
all of its terms and conditions are incorporated herein. The
security position of the CITY will be secured by a first
mortgage.
To the extent permitted by law, all of the personal property
described in the mortgage shall be deemed to be fixtures and
part of the real property. As to any part such personal
property is not deemed or permitted by law to be fixtures,
the mortgage shall constitute a security agreement under the
Uniform Commercial Code.
6.7 No loan funds shall be disbursed for rehabilitation until
DEVELOPER has first obtained financing or commitment to
improve in the amount of $200,000 to complete the
rehabilitation of the Project. In the event that the
financing is for a lesser amount, the DEVELOPER must
demonstrate to the CITY prior to disbursement of the City
Loan that there are sufficient funds allocated to the
Project for completion and receive written approval from the
CITY that the lesser amount is sufficient to continue the
Project.
6.8 The entire balance of the outstanding principal of the City
Loan, and all accrued unpaid interest thereon, shall become
immediately due and payable either upon the bankruptcy,
dissolution, or liquidation of the DEVELOPER; or upon the
reorganization of the DEVELOPER which is not in accord with
Article 21.2 of this Agreement; or upon the sale, partial
sale, refinancing, exchange, transfer, sale under foreclo-
sure, or other disposition of the Project Site, improvements
and/or capital equipment situated thereon.
.6.9 Funds for renovation/rehabilitation will be expended by the
DEVELOPER in ratio to the amount of City Loan funds to the
amount of other funds available for the Project.
6.10 Participation Payments shall be incurred from the commence-
ment of the first Operating Year. Payments incurred during
all of its terms and conditions are incorporated herein. The
security position of the CITY will be secured by a first
mortgage.
To the extent permitted by law, all of the personal property
described in the mortgage shall be deemed to be fixtures and
part of the real property. As to any part such personal
property is not deemed or permitted by law to be fixtures,
the mortgage shall constitute a security agreement under the
Uniform Commercial Code.
6.7
No loan funds shall be disbursed for rehabilitation until
DEVELOPER has first obtained financing or commitment to
improve in the amount of $200,000 to complete the
rehabilitation of the Project. In the event that the
financing is for a lesser amount, the DEVELOPER must
demonstrate to the CITY prior to disbursement of the City
Loan that there are sufficient funds allocated to the
Project for completion and receive written approval from the
CITY that the lesser amount is sufficient to continue the
Project.
6.8
The entire balance of the outstanding principal of the City
Loan, and all accrued unpaid interest thereon, shall become
immediately due and payable either upon the bankruptcy,
dissolution, or liquidation of the DEVELOPER; or upon the
reorganization of the DEVELOPER which is not in accord with
Article 21.2 of this Agreement; or upon the sale, partial
sale, refinancing, exchange, transfer, sale under foreclo-
sure, or other disposition of the Project Site, improvements
and/or capital equipment situated thereon.
6.9
Funds for renovation/rehabilitation will be expended by the
DEVELOPER in ratio to the amount of City Loan funds to the
amount of other funds available for the Project.
6.10
Participation Payments shall be incurred from the commence-
ment of the first Operating Year. Payments incurred during
-6- 85-.
4 4
i
6.11
6.12
6.13
6.14
the first two Operating Years shall be deferred and paid into
the Project Reserve Fund. Payments for the remainder of the
Operating Years shall be paid to the CITY by the DEVELOPER
within ninety (90) days of the close of the Operating Year
during the term of the City Loan, based on the statement
prepared by the Certified Public Accountant and accepted by
the CITY. Participation Payments made to the CITY beginning
with the third operating year, shall be held in Trust by the
CITY for the purpose of funding economic development
activities in the Coconut Grove Target Area.
The DEVELOPER shall conduct a competitive bid process to
select the contractor. This process shall have prior approv-
al of the CITY.
The contractor's bid for rehabilitation requires CITY approv-
al. Once this is obtained, City Loan disbursements shall be
based upon vouchers submitted by the DEVELOPER, verified by
the CITY, and certified by the architect, or other certifying
official as shall be acceptable to the CITY. All submissions
by contractors of monthly requisitions shall be on AIA Forms
702 and 703 or their equivalent (copy attached as Exhibit 4).
Contractors payments shall be subject to a 10% retainage of
construction costs by the City, which shall be held until
release of liens from all contractors, subcontractors, and
suppliers.
Davis -Bacon prevailing wage rates must be applied to all
rehabilitation, demolition or construction work on the Pro-
ject.
The City Loan may be prepaid at any time without penalty.
-7-
CISOM4 - -
ARTICLE VII
Project Income
7.1 The CITY shall approve all leases, except for second floor
assembly rooms, for rental of the property prior to Hie
execution of said leases. DEVELOPER shall also submit
tom,
annually to the CITY for approval during the term of the Cir_y
Loan, the rate structure to be charged for the second floor
assembly rooms. Not more than one (1) lease per month for
3.~
a.
second floor space shall be rent free.
7.2 DEVELOPER shall collect all rents, lease payments and fees ciuc:
in a timely manner. The CITY shall be notified of any
accounts receivable wliicli bec.:orrie more then ninety (90) cl.-Iys
overdue.
7.3 DEVELOPER shall be permitted to charge a management f_c of. Prot
more than 4I7) of Llic Project. Inconuo ,11 four fl r.rl
income tax purposes.
ARTICLE VIII
f�t
21)t ratinny I;x )(inses
8.1 DEVELOPER must submit to CITY operatitig expenses f,)r ripprov-
al. Operating expenses not accepted as reasonable by the
CITY will be charged a:j:iin,t the Net Annual -Developer Cash
Flow.
ARTICLE' IX
Accountiebi i ity
9.1 DEVELOPER shall deliver a statonie`nt to CITY from an independ-
ent Certified Public Accountant, within 60 days of Lite close
of each Operating Year during the terrn of - the- City Loan,
certifying:
_£3 _
44
9.1.1 Project Income and receipts of'thg Project;
9.1.2 Operating Expenses;
9.1.3 Net Annual Cash Flow;
9.1.4 Net Proceeds, if applicable;
9.1.5 The amount of participation in Net Annual
Cash Flow and Net Proceeds due CITY; and
9.1.6 Reserve Fund
9.2 These records and accounts shall be subject at all reasonable
times to inspection, review, or audit for a period of three
(3) years following the termination of this Agreement by both
the CITY and the United States Department of Housing an(i
Urban Development, or DEVELOPER shall transfer their records
and accounts to the custody of the CITY in order to ensure
their accountability for such period.
►�t.' �OCt LCtC
10.1 DEVELOPER shall provide the CITY with an annual report -)C t I l
activities, including a narrative sununary of progress, .I,;
described in Exhibit 5, which is attached and incorpot at_t3ti
herein.
10.2 DEVELOPER shall provide the. CITY a financial statement show-
ing all expenditures appropriate to the Project.
10.3 The reports shall be due annually and shall continue until
all information concerning the project has been received by
the CITY;
10.4 DEVELOPER shall comply with the Davis -Bacon Act by submitting
a monthly report during construction, -of the Project. DEVEL-
OPER shall use U.S. Department of Labor Forms 257 and 347,
and City of Miami Forms A an-d R, described in Exhibits 6, 7,
8, and 9, which are attached and incorporated herein.
85-190.
IV
10.5 DEVELOPER shall provide a semiannual relfort on permanent job
creation during the period of this Agreement.
10.6 The report described in Paragraph 10.1 is due sixty (60) days
after the close of each Operating Year during the term of the
City Loan.
10.7 DEVELOPER shall provide the CITY with additional program
information as is reasonably needed.
10.8 DEVELOPER shall (i) keep and maintain books, records anti
other documents relating directly to the receipt and`dis-
bursement of CITY funds; and (i i) any duly authorized rt-pru-
sentative of the United States Department of Housing and
Urban Development, Comptroller General of the United States
or the CITY shall, at all reasonable times, have access to
and the right to inspect, copy, audit and examine rill such
books, records and olhe r (Iocumetts of such DEVNI,OPER tint i l
t11Q c:oml.)IOtion of ,II I CIOSe-aut I)FOC«.'(iurOS FI'sI)o �t.tri,I �IIi:
Agreement and the final settlement anti coriclus ion of. al I.
issues arising out of this Agreement.
10.9 DEVELOPER agrees that any duly. authorized repre3entative of
CITY shall, at all reasonable times, have access to any
portion of the Project in which DEVELOPER is involved until
the repayment of the City Loan.
10.10 DEVELOPER agrees that no transfer of CITY funds by the CITY
to the DEVELOPER shall be or be deemed an assignment of City
Loan funds, and that DEVELOPER, or any of its agents,
officers or employees, shall neither succeed to or attain any
of the rights, benefits or advantages of the -CITY under, this
Agreement, nor attain any of tale rights,_ privileges,
authorities or interest of an employee of the CITY in or
under the Agreement.
ARTICLE XI
Indemnification
11.1. DEVELOPER shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and causes
of action which may arise out of DEVELOPER's activities under
this Agreement, including all other acts or omissions to Pict
on the part of DEVELOPER, including any person acting for or
on its behalf; from and against any relevant orders, judg-
ments, or decrees which may be entered against the CITY; and
from and against all costs, attorney's fees, expenses, and
liabilities incurred by the �:ITY in the defense of'any such
claims or in the investigation thereof.
ARTICLE XII
Contingency Cause
12.1 Funding for this Agreement is contin(3ont r, Ulf. .1v,1i.lrlbi 1ity
of funds and continued authorization of the City Loans and is
subject to amendment or termination due to lack of funds or
authorization, reduction of funds, and/or cli:inge in rt-ju-
lations.
ARTICLE XIII
Recapture of Funds
13.1 CITY shall reserve the right to recapture funds whon the
DEVELOPER shall fail (i) to comply with the terms of this
Agreement of (ii) to accept conditions imposed by CITY at the
direction of the federal, state and local agencies.
8an
S 07V
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ARTICLE XIV
Nondiscrimination
14.1 DEVELOPER agrees that is shall not discriminate as to race,
sex, color, creed, or national origin in connection with Jts
performance under this Agreement.
ARTICLE XV
Minority Procurement Compliance Clause
15.1 DEVELOPER acknowledges that it has been furnished a copy of
Ordinance No. 9775, the Minority Procurement Ordinance of the
CITY, and shall comply with all applicable. substantive and
procedural provisions therein, including any amendments
thereto.
ARTICLE XVI
Conflict of Interest
16.1 DEVELOPER is aware of the conflict -of interest laws of the
CITY (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 will fully comply in all respects
with the terms of said laws.
ARTICLE XVII
Compliance with Federal, State, and Local Laws
17.1 Both parties shall comply with all applicable laws, ordinanc-
es, and codes of federal, state and local governments.
-12- 85"jL90. -
ARTICLE XVIII
Amendments
18.1 No amendments
to this
Agreement
shall be
binding on either
party unless in
writing
and signed
by both
parties.
ARTICLE XIX
Y OwnerShiP of Document—s
`n=f 19.1 DEVELOPER agrees that all documents maintained and generated
pursuant to this contractual relationship between CITY and
;.;:. DEVELOPER shall be subject to all provisions of the Public.
a },
Records Law, Chapter 119, Florida Statutes.
It is further understood by and between tl»� parties thrir_ any
r
, documents or thing which is given by CITY to DEVELOPER pursu-
4 ant to this Agreement shall at all times remain the property
of CITY and shall not be used by DEVELOPER for any other
ter,
purposes whatsoever without the written consent of CITY.
ARTICLE XX
Award of Agreement
20.1 DEVELOPER warrants that it has not employed or retained .iny
person employed by the CITY to solicit or secure this Agree-
ment 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.
-13 - 85—:190.
i r
ARTICLE XXI
Non-Delegability
21.1 The obligations undertaken by the DEVELOPER
pursuant to this
Agreement shall not be delegated or
assigned to any other
person or firm unless CITY shall first
consent in writing to
the performance or assignment of such
services or any part
thereof by another person or firm.
CITY reserves the right
to refuse delegation or assignment of
the rights and obliga-
tions of this Agreement without cause
or justification.
21.2 The parties agree that the CITY
is entering into this
Agreement and is relying upon the reputation and integrity of
the members of the DEVELOPER team listed below:
NAME
Walter Green
50o
Thelma A. Gibson
5%
Annabel Fisher
5.
Vernon Philip
5U
Ronald Fox
5%
Leroy Scott
5%
Mariah Givens
5%
Marjorie Woods
5%
Willard Green
5u
Dazelle Simpson,
5b
(Representative, Stirrup
Properties, Inc.)
Earl Counts
5%
Kenneth Hamilton
5%
Michael Clark
511.
Coleman Alexander
5'v
Julius Rooks
5%
Mariquita Gibson
5%
Charles Bethel
5%
Thomas T. Anderson
5%
Essie Rumph
5%
Lee E. Mc Daniel
5%
Any change in the members or percentage of ownership by
members, with the exception of a change in ownership incurred
by death of a member, will be considered a reorganization and
would cause the City Loan to become immediately due and
payable; unless such reorganization is previously approved in
writing by the CITY.
85-'190_
-14-
ARTICLE XXII
Construction of Agreement
22.1 This Agreement shall be construed and enforced according to
the laws of the State of Florida.
ARTICLE XXIII
General Conditions
23.1 All notices or other communications which shall or may be
given pursuant to this Agreement shall be in writing and
shall be delivered by 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 hosted or tho
date of actual receipt, whichever is earlier. The CITY will
be notified in writing within 10 days of any change of
address of the DEVELOPER.
CITY OF MIAMI
City Manager
Attention: Director, Dept.
of Community Development
3500 Pan American Drive
Miami, Florida 33133
DEVELOPCk
Grovites United to Survive
Inc.
c/o Walter Green
3571 Grand Avenue.
Miami, Florida 33133
23.1.1 Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
23.1.2 In the event of conflict between the terms of this
Agreement and any terms or conditions contained in
any attached documents, the terms of this Agreement
shall control.
-15-
85- I.9Q .
Ap
' 23.1.3 No waiver or breach of any provision of this Agree-
ment shall constitute a waiver of any subsequent
breach of the same or any otherprovision hereof,
and no waiver shall be effective unless made in
writing.
23.1.4 Should any provisions, paragraphs, sentences, words
or phrases contained in this Agreement be deter-
mined by a court of competent jurisdiction to be
invalid, illegal or otherwise unenforccable, u»dor
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 modified to the extent necessary in
order to conform with such laws, or if not -
modifiable to conform with such laws, than - s�a1:tt:
shall be deemed severable, and in either event, tho
remaining terms and provisions of this Ayree111�11t
shall remain unmodified atu3 i.11 full force and
effect.
ARTICLE XXIV
Independent Contractor
24.1 DEVELOPER and its employees and agents shall be deemed to be
independent contractors and not agents or employees of CITY,
and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of CITY or any rights generally
afforded classified or unclassified employees; further they
shall not be deemed entitled to the Florida Workers' compen-
sation benefits as an employee of CITY.
r
_ 16 _ 85-IL90. -
40
t;.
s-
100 A
24.2 Nothing contained in this Agreement, nor any act of the CITY,
or any of the parties, shall be deemed or construed by any of
the parties, or third persons, to create any relationship of
third -party beneficiary, principal and agent, limited or
general partnership, or joint venture, or of any association
or relationship involving the CITY.
ARTICLE XXV
Successors and Assigns
25.1 This Agreement shall be binding upon the parties lierein, their
heirs, administrator, personal and legal representatives,
successors, and assigns. This provision shall be subject to
the provisions concerning non-delegabi l-ity c orita ine(l in
Article XXI and in other provisions in this Agreement.
ARTICLE XXVI
Default and Remedies
26.1 A Default shall consist of a,breach of any covenant, agree-
ment, provision, or warranty entered into between the CITY
and DEVELOPER relating to the Project.
26.2 For purposes of this Agreement, a breacli shall include but
not be limited to, changes to the site or character of the
development activity pertaining to the Project, or an in-
crease to any time for performance by DEVIEf_:OPER by more than
thirty (30) days, without prior written approval of the CITY.
26.3 If the DEVELOPER defaults on its obligations as -contained in
this Agreement, the CITY may suspend DEVELOPER'"s authority to
draw additional City Loan funds at any time upon written
notice to DEVELOPER. If said default is not cured within
thirty (30) consecutive days from notice of such default, the
CITY may continue such suspension or, by delivery of written
notice, terminate this Agreement.
-17- 1
85r .
i
26.4 3f a default occurs, the CITY may at any time or from time to
time thereafter protect and enforce all rights available to
it under this Agreement by suit in equity, action at law, or
by any other appropriate proceeding, whether for specific
performance of any covenant or agreement contained in this
Agreement, or damages, or other relief, or proceed to take
any action authorized or permitted under applicable law or
regulations.
26.5 DEVELOPER acknowledges that the -CITY shall not be liable to
the DEVELOPER, or to any party, for completion of, or the
failure to complete, any activities which r►re a part of the
Project.
.1RT I.CLi-: X:%V 1 i
General Provision
27.1 DEVELOPER accepts city Lorin funds so ►}�prc���r i►ti i.�� �`.
dance with the terms of this ngre'ement.
27.2 Developer agrees:
27. 2. 1 To maintain a separate checking <ICCO ►nt iin(j to ds-lpos-
it all City Loan funds received and no other funds
in said account and make all disbursem-_iit -.)t City
Loan funds from said account;
27 . 2. 2 To produce all docurnents reasonably required upon
request by the CITY;
27.2.3 To consent to such audits by the CITY, as may be
required.
27.2.4 To hire an independent certified public accountant to
audit the Project. This audit must be submitted to
the CITY within sixty (60) day-s following eacl►
Operating Year.
27.3 DEVELOPER assures the CITY that the Project will be completed
by DEVELOPER.
-18-
SS--Jp0 -
i
27.4
The DEVELOPER warrants that it has obtained, 'or has a
reasonable assurance that it will obtain, all federal, state
and local governmental approvals and reviews required by law
to be obtained for this Project.
27.5
DEVELOPER shall irrevocably and unconditionally guarantee the
repayment of the City Loan as provided for in this Agreement
and exhibits attached hereto.
27.6
DEVELOPER shall place a Project sign at the project site
x,
.
consistent with any criteria which may be '•established by the
r
CITY.
27.7
DEVELOPER shall obtain prior CITY approval in writing beforf�
obtaining a second loan and/or any other loan or commitment
".
which would result in t?riCtlGlhratlC#` or. 1 i_-:-r►►y=►inst the
-in
_y
Project Site.
27.8
DEVELOPL•'it shall obtain prior CITY approval before in+iki!lg
improvements, additions, reli,ibi l i t,it ion or ronov,it i.c)n,: tt) tii-
Project Site.
b
,Wl' CIA" X KV I I I
Interest of Certain 1•'��der-il off i��i.3ls
28.1 No member of. ou Do109,►tc to the COIIk1r12:;!; )f
States, and no Resident Commissioner, shall be atbiiitt(�!d to
any share or part of this Agreement or to any benefit to
arise froin the same.
ARTICLE XX IX
Interest of Member, officers, or _Employees of Developer,
Members of Local Governing Body,
or other Public official
29.1 No member, officer, or employee of 01%VE•.LOPER, or its desig-
nees or agents, no isle nber of the Governing body of the CITY
85".:L�V .
MOM
i
in which the Project is situated, and no other public offi-
cial of the CITY or any other locality who exercises any
function or responsibilities with respect to the Project
during his or her tenure or for two years thereafter, shall
have any interest, direct. or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be per-
formed in connection with the Project assisted under this
Agreement. DEVELOPER shall incorporate or cause to be incor-
porated, in all such contracts or subcontracts a provision
prohibiting such interest pursuant to the purposes of this
Article.
ARTICLE XXX
Equal Em to ment O M ortunit
30.1 DEVELOi'l 11 Agrees to .ibido i)y th(- E'gtial ()t)I)OrtLill ity F,.)e
Contracts subject to `xecutive Or:ler No. 112.46, as (It's,2r1b("!
in Exhibit 10, which is atL�lcliecl ,1llA1 ii►< vrlx_)r.eterl 1�� r.,i.ci.
AR'C1C'LE XXX I
Tt?rITiltl,ition,of A 9 r o ment
31 . 1 Unless otherwise
terminated
the CITY
pursuant to t le(-, tereiv;
and conditions of
this Agreement or by
mutLM1
co;,sQnt. ()C 1_114.
DEVELOPER and the
CITY, this
Agreement
shall
ter►nireate • upon
the repayment of
the City Loan and the
final
se t t len enL and
conclusion between
DEVELOPER
and C l"Y
of: fill.
issuf�s �cising
out of the City Loan.
ART1CLL XXX11
Other Federal Requirements
32.1 DEVELOPER
agrees
to abide
by the provisions described in
Exhibit 11,
which
is attached
and incorporated herein.
-20-
= i
IN WITNESS WHEREOF, the parties hereto have caused this instru-
ment to be executed by the respective officials thereunto duly
authorized on the first date above written.
ATTEST: CITY OF MIAMI, a municipal
Corporation of the State of
Florida
RALPH G. ONGIE Randolph B. Rosencrantz
City Clerk City Manager
ATTEST: DEVELOPER: Grovites Unites!
to Survive, Inc.
Corporate Secretary President
APPROVED AS 'ro INSURANCE %PPROVED ,\S TU E'OR11 ANO
REQUIREMENTS: CORRECTNESS:
DIVISION OF RISK MANAGEINILNI -�- 1,.iCLA .".1 i,I N I I J G I I I I ---- -
City Attorney
-21-
EXHIBIT 1
LEGAL DESCRIPTION
Lots C and D, less East 25 ft. and
less South 10 feet for Street, Block
25, Frow Homestead Sub., Plat Book B,
Page 106, Public Records ofDade County
Florida
and
Lots 11, 12, 13 and East 1/2 of loot 1),
Block 25, Frow Homestead Sub., Plat
Book B Page 106 Public Records of Dade
County, Florida.
e
4
04 B A L a W I N,
S A C K M A N
FEBRUARY 27, 1985
MR. WALTER GREEN, PRESIDENT GUTS 8
CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
1145 N.W. 11 STREET
MIAMI, FLORIDA 33136
RE: GOOMBAY PLAZA (TIKKI LOUNGE)
PROFESSIONAL SERVICES AGREEMENT W/
CITY OF MIAMI-DATED JUNE 10, 1984
DEAR WALTER,
Exhibit 2
PLEASE FIND ATTACHED A REVISED BUDGET FOR THE ABOVE
REFERENCED PROJECT. THIS BUDGET SUPERCEDES THE BUDGET
SUBMITTED BY US ON DECEMBER 6, 1984 AND REFLECTS THE
AGREEMENT IN PRINCIPAL THAT GUTS HAS REACHIA) WITH MR.
MONTY TRAINER. IT IS MY UNDERSTANDING THAT HE HAS
AGREED TO BE A MAJOR TENANT IN YOUR PROJECT AND TO OCCUPY
MOST OF THE GROUND FLOOR SPACE AND WILL CREATE A FIRST
CLASS RESTAURANT OR FOOD FACILITY. HE HAS FURTHER AGREED
TO PROVIDE THE LEASEHOLD IMPROVEMENTS AND THE EQUIPMENT
NECESSARY TO OPERATE THE RESTAURANT, SNA0' BAR AND THE
BANQUET FACILITY LOCATED ON THE SECOND FLOOR.
IT IS WITH GREAT ENTHUSIASM THAT WE ARE PROCEEDING WITH
THE WORKING DRAWINGS ON THIS PROJECT. •
SINCERELY,
BALDWIN SACKMAN + ASSOCIATES, P.A.
" C — 1,
GAIL B._ BALDWIN, AIA
R,ALOWIN SAC-► "' A'�SVCIATES, PA ARCHITECTS
r, lE ANN1N1-..... <oq K- 2860 Sv% <, „ +; c i— r�.f l I' ` r,,)VE . f-i '. Plr>:. 331.3 S S-5-446• e-..1
conditioning equipment and fixtures, and all replacements thereof
and additions thereto, whether or not the same are or shall be
attached to such land, buildings or structures in any manner;
TUGETHER with any and all awards now or hereafter made for
the taking of the property mortgaged hereby, or any•'part thereof
(including any easement) by the exercise of the power of eminent
domain, including any aviard for change of grade of any street or
other roadway, which awards are hereby assighed to the Mortgagee
and are deemed a part of the property mortgaged hereby, and the
B A L D W I N ,P'1
S A C K M A N
FEBRUARY 27, 1985
MR, WALTER GREEN, PRESIDENT GUTS l;
CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
1145 N.W. 11 STREET
MIAMI, FLORIDA 33136
RE: GOOMBAY PLAZA (TIKKI LOUNGE)
PROFESSIONAL SERVICES AGREEMENT W/
CITY OF MIAMI-DATED JUNE 10, 1984
DEAR WALTER,
• Exhibit 2
PLEASE FIND ATTACHED A REVISED BUDGET FOR THE ABOVE
REFERENCED PROJECT. THIS BUDGET SUPERCEDES THE BUDGET
SUBMITTED BY US ON DECEMBER 6, 1984 AND REFLECTS THE
AGREEMENT IN PRINCIPAL THAT GUTS HAS RLACHLD WITH MR.
MONTY TRAINER. IT IS MY UNDERSTANDING THAT HE HAS
AGREED TO BE A MAJOR TENANT IN YOUR PROJECT AND TO OCCUPY
MOST OF THE GROUND FLOOR SPACE AND WILL CREATE A FIRST
CLASS RESTAURANT OR FOOD FACILITY. HE HAS FURTHER AGREED
TO PROVIDE THE LEASEHOLD IMPROVEMENTS AND THE EQUIPMENT
NECESSARY TO OPERATE THE RESTAURANT, SNACK BAP AND THE:
BANQUET FACILITY LOCATED ON THE SECOND FLOOK.
IT IS WITH GREAT ENTHUSIASMTHAT WE ARE PROCEEDING WITH
THE WORKING DRAWINGS ON THIS PROJECT.
SINCERELY,
BALDWIN SACKMAN + ASSOCIATES, P.A.
GAIL B. 'BALDWIN, AIA
85rigo.
RALnWIN SACV �' p L ^`,SVCIATES, PA ARCHITECTS
n 'C �%�N�nh' ...i�1% >��p ��'� L� .. i( i i�`(" ifv IT IY)UE l_%Ic���•� �3� .�^�!•Q&)•
B
A L D
W I
N
S
A C K
M A
N
FEBRUARY 27, 1985
GOOMBAY PLAZA
COST ESTIMATE AND BUDGET
LAND AQUISITION BUDGET:
DEVELOPERS PURCHASE OF PROJECT SITE:
DEVELOPERS PAYOFF OF LEASHOLD INTEREST
OF 3674 FLORIDA AVENUE AND
3677 GRAND AVENUE
REIMBURSEMENT TO DEVELOPERS FOR ORIGINAL
INVESTMENT, ADVANCED FOR PROJECT SITE
SUB --TOTAL
CONSTRUCTION BUDGET:
GOOMBAY PLAZA (CORNER PLAZA)
REAR PARKING LOT
PROCH ADDITION ON WEST SIDE
ENTRY ADDITION (GRAND AVENUE)
EXTERIOR ELEVATIONS, CHANGES
ROOF
FIRST FLOOR INTERIOR
SECOND FLOOR INTERIOR
ARCHITECTS FEE
TOTAL BUDGET
. S392
BALDWIN SACKMAN
?C HITECTURE •PLANNING • I?,, F 66Q c
$ 105,000.00
50, 000.00
40,000.00
$ 1(j5, 000. 00
41,073.00
16,000.00
21,032.01)
33,918.00
42,2.60.00
16,000.00
37,000.00
66,260.00
SUES —TOTAL $ 273, 51+3.00
31,457.00
$ 5001*000.00
ss-190.
+SS.& TFS, PA Ai<�Hi1ECT5
AVtNUE. `« �i{:.';:Ir�.^^. 33133 �'. ..^,�).
EXHIBIT 3
MORTGAGE
r?
THIS IS A BALLOON MORTGAGE AND
THE
FINAL PAYMENT OR THE BALANCE
DUE
UPON MATURITY IS $338, 450
.76
TOGETHER WITH ACCRUED INTEREST,
IF
ANY, AND ALL ADVANCEMENTS MADE
BY
THE MORTGAGEE UNDER THE TERMS
01'
;_•
THIS MORTGAGE.
This Mortgage made on this day of
1985, by
.:.
and between Grovites United to Survive, Inc., a Florida
corporation, hereinafter called "Mortg
agor", gagor located
at .3571
Grand Avenue, in the City of Miami, County of Dade
anil St.3tt! of.
Florida, and the CITY OF MIAMI, a Florida Municipal
Corporation,
acting by and through its Department of Community
Development,
hereinafter called "Mortgagee".
WITNESSE'TH, that to socure the payllictct of an in
the principal amount oC 'r ive Flundr. evil T hous..ind and No/ 1 W0
($500, Ut7U) with interest thereon, which shall. be p,iyah1+2 in
accordance with acertain Promissory Note, which promissory Note
is hereinafter called "Moto", bearing t-vtrn dal,,. her-urwit_li, a true
and correct copy of whicil, exclusives of tllc sign•ai:ure .�f t1it�
Mortgagor, is att,ichetl ber`to anti i-,vid-2 a hart horeof is
"A", and .all other inde,ht,2ducss which they Murt-3,igor is obli;jcte-1
to pay to the Mor tcl.aget. Dell-sUdtlt to the provisions of tlie- Nof,o
and t}lis Mot tgage, the Mvrtgayc�r hereby yr.,ints, cotivt_-ys .1n,1
mortgages to the �lartyrl,3��e.
ALL that certain leaf, I�iecc' ear l.T,ir,_el of 1•111ei r>itiiatoll itl
Dade County, Florida, more p.lc'ticulrirl.y :iese_ribed .is 1(.)11.
Lots C ,an l D, less 1, lst. 25 ft.
and
less
South 10 feet
for
tit
Street,
Rlock 25, Frow
Hor,lesteat3
Sub. , Plat Book
B,
Page
106,
Public' RecorJs
of
Dade
County, Florida
and
Lots
11,
12, 13 and East
1/2
}a
of
Lot
D, Block 25, Frow
Homestead
snub. , Plat hook
13
Page
10b
Public Records
of
Dade
County, Florida.
TOGETHER with all appurtenances thereto and 'all tiler, t-astate
and rights of the Mortgagor in and to such property or in anywise
appertaining thereto; all buildings and other, structures now or
hereafter thereon erected or installed, and' all fixtures alid
articles of personal property now or hereafter- attached to,• or
used in, or in the operation of, any such land, buildings, or
structures which are necessary to the COMP143te usr� and OCCLIp•illcy
of such buildings or structures for the purposes for which they
were or are to be erected or installed, including, but not
limited to, all heating, plumbing, bath oom, lighting, choking,
laundry, ventilation, refrigerating, incinerating and air
conditioning equipment and fixtures, and all replacements thereof
and additions thereto, wlcether or not the same are or shall be
attached to such land, buildings or structures in any manner;
TOGETHER with any and
all awvards
now or hereafter made for
the taking of the property
mortgaged hereby, or
any.'part thereof
(including any easement) by
the exercise of the
power of eminent
domain, including any award
for change
of grade
of any street or
other roadway, which awards
are hereby
assigned
to the Mortgagee
and are deemed a part of the
property
mortgaged
hereby, and the:
Mortgagee is hereby authorized to
collect
and receive the
r
proceeds of such awards, to give proper
receipts
and acquittances
i._
therefor, and to apply the same toward the
payment of the
indebtedness secured by this Mortgage,
notwithstanding the fact
that the amount owing thereon may not
then be
due and payable;
-..
and the Mortgagor hereby agrees, upon
request,
to make, execute
7,and
deliver any and all assignments
and other
instruments
sufficient for the purpose of assigning each such award to the
Mortgagee, free, clear and discharged of any encumbrances of any
kind or nature whatsoever; and
TOGETHER with all right, title and interest of the Mortgagor
in and to the land lying in the streets and roads in front of and
adjoining the above described land (all the above described land,
buildings, other structures, fixtures, articles of personal
property, awards and other rights and interest being hereinafter
collectively called the "mortgaged property");
_
TO
IIAVL
AND To HOLD
the mortgaged property and every part
thereof
unto
the Mortgagee,
its successors and assigns forever
for the
purposes and uses
herein sot forth.
AND
the
Mortgagor
further covenants ari(1 igreus with th-
-
j mortgagee,
as
follows:
1 . The Mortgagor wi 1 I promptly pay they pr i nc i 1p;i l of :in -I
interest on the ineleht(-:irlee,s evideficed by the ;;t)t-�, orl;l .i 1 l. )! )
charges and ind( l)te(inQ'SS i?ruviliod 1.11('l-oin 111.1 lli t.11 l:i tt)l t_'j• '1 :,
at the times arld in t.tle> i'1-lnnor prov it}t.`tl ill t h-' tic')t.e iti,! I.:i t it i
Mortgage.
:'_. TIle ?1k)I-t.1-1`.l,,)i ,%i I 1 1>1 krill)( 1•i' 1) 1)' rll(n l.i •, , t.. I I t•l 1
provide,3, F111 grOLln(i . ('11ts, if Ally, 111d l t 1
wator rates an(I O1 lit-'r jovetr limotit :i I Ir•_jt'5, ?" l.;:t':> -in ?
impositlorls, of Qve cy 'K:iild ind n.iturC
he'r Qzli f tt'r imposed otl the illort (j:1-30i] I)I"+)F)e'L"t y, cJr '111 j'
and e,'ill pay Wharf ]lie e%?e'rY-olount of. in,lobLeAll-st; !3ek-11:'(.-.} by all•,•
lien to which the lien of this is : 1;)rt ss-? ,' s::l. j(."A .
':}le Mort(ja9ur Wil l pI olilptly subililt. '_il i.flt' i•ic)j"!_. l.tc3i`i` for
exa-mina ion, rec(!ipts of ot_hor evi le'tl(:•.'
3. This i ortgatje in i t.h(2 Note wt.'1 'e'xectltc-t(t 1il l i.•i ivt'r(>
to secure the ad,.,JA le.e of illt)trt!ys to tilt` r'tttl t•3 !C3( l Illy tall'
as or on account of t lo,in evidenced by tho not(t for tlit� purua.;(
described or refrrro,3 to in the agret nt.,li . Murt_ arlor
and the Mortgagee, late d , 11)6,-) .
4. No building or other >
g .t structure. or imE)ruv�nl(:nt, fiXturt?
�t
`
or personal property mortgaged }tereby shall be removed ur
.; ._
-
demolished without the prior written consent of the Mort,layi.e.
:he Mortgagor will not inake, permit or safftr any al tt r- it. i.on of.
or addition to any building or other structure, or now
or which may hereafter bu ore�cted or installed upon the inort3..i(3e:]
property, or an art thereof, nor wi 11 the, Morte a( or use, or
Y P" 3- 3
permit or suffer the use of, any of themortg,j d property for
any purpose? other than Lbe pllrl�e)Se' or purposes for which t.ilt' i,itn(.'
is now intended to Lao used, wi tho(It the pri(-)c written n collsont of
the Mortgagee. :tit MorLtja•jor will -maintain th(_ rnortga(3et1
property in good condition and state of repair and will not
suffer or permit any waste to any part the reof, an( will promptly
�-
comply with all the requirements of f(,(3ora1, state anti' local
govtrninonts, or of Any op,irtine.tits, divisions or buretaus rIIer.o(�f,
zr
pertaining to such property or illy p irt. tlioreof,, .
J. To tht? e'_xt-ollt Oel-illi tte d 1)Y' 1,1w, *I I i -Of Lit- Ut_'I .i•)r1 I I
property described in the mortgage shil l he :. o,.-me.1 to be I- ixt.ure:
and part of the real propol-Ly. As t.:-) .illy por sonal i)ro1)(_rty
not deemed or permitted by law to be f i.xt.ures, this Mortgage
creates a security interest ill suc}1 prut t'I ty illCIUdEt(1 in Premises
and constitutes a security agro(.!rient under the Unifori;l Commercial
Code. Mortgagor shall execute, fit,?, .end reafile such financing
statements or other sOcurity agreeiliutits as Mortgagee shall
" mi90 . _
require from time to time with respect to property included in
Premises.
u 6. The Mortgagor will not voluntarily create, or permit or
suffer to be created or to exist, on or against the Mortgaged
Property, or any part thereof, any lien superior to the lien of
this Mortgage.
7. Mortgagor shall pay to Mortgagee 25% of the net proceeds
from any sale or disposition in whole or part of the Mortgaged
Property or from the sale of Stock, or from any transaction for
value of the beneficial interest of the Mortgaged Property or
from any refinancing.
(a) Mortgagor will keep all buildings, other structures
and improvements, including equipment, now existing or which may
�'�...
hereafter
J-g. Y
be erected or installed on the land mortgaged eel he'reb ,
r
insured against loss by fire and other hazards, flood, c,isualties
°-
and contingencies, in such amounts and manner, and for such
periods, all as may be required from time to time by tine
1
Mortgagee, but in no uvent less Ulan the aggregate r,rnotrrrt of 111
-_
mortgages, liens arid Cncumbratices oil the property, tlr►less
'
otherwise required by the 1.lortgage� all suc}r i.nsurrinct sh rl l I.�t
I
effected by Standard lire and E'xteIidcd Coverage Insur�tr,c�
policies, in amounts not less than ne:!cessary to comply with tlio
coinsurance clause percentage of the virlue appti.c:rblo to t.l,•?
?`
location and clharacter of the property to I;e covt,re� i. Al L sec?r
insurance stia-11 be carriet1 i.n comp.11110S approved by Lhe'1 �rt.•1,_,;1
sand all policies therefore shall be in s,rcli for►n an,l
#z:
attached thereto loss p.-ryable clauses in favor of fire 7,1ort-.3,t.jQ'.
and any otlier parties as shall be satisfactory to tht� �Iorty:rgue.
All such policies and Fittaolime_nts LlhereLo shill be (I l iv, -re 1
day;.
-
promptly to the 1•lorttulle SS ILt� •art, lei r-•1,3 t. , I,.,
delivered to the trol6t.2r of a lien of a iniortt3age or Simi I,it-
'
instrument to this r•lortgage. is expressly s:11)ject_, it,
.,;
latter event, certificates thereof, s,1t is fact-ory L( t.lr,
Mortgagees, spa l l be do I ivcred proript_ I y t_o tire° Mot-L,_J-op ,?
Mortgagor will pay 1pro►ipt, ly wilen dues, •!:; ht r�i.n rft_t r 3�r�. ► It 1,
3
any and all. prel;l.iur►s o:r ;;uc•Ir insurrlIICe, :1r111 l)r.t�:,l,t_ l,r �,uOwl
the Mortgagee for reccihts or ot.l► r sucit
payment (is shall be �at i s f;rctory to the Mt •r t(3.1a��ti . i'},c� ' 1.1r t l.,yo.
may obtain and pay t'Iio 1pre,nium on (1>ut :01al1 b" ,rr►tl--r tr,>
obligation to .lo so) 12vt.ry kind of insur,►nco rQquirud hereby i r
-..
such premium has not been laid when due ,is re(luire,l Icy tf,is
y
Mortgage, in which event the Mortyaqor will p.ry
every premium so paid by t-lie Mortgagee.
(b) In the savant of loss or damage to th:� Mor t. j oged
Property, the Mortgagor will give to the Mortgaget-� i►n,nutli•rtt,
notice thereof by mai 1, and the Mortgagee may ►;rs1;N and f i Ce proof
of loss if not made otherwise promptly by or -on belial f �f lire.
Mortgagor. Each insurance company issuing :ifly such policy is
hereby authorized and directed to rndke payment- theroundur for
such loss to the Mortgagor .and the Mortgagee jointly, unless the
amount of loss is p3y,ible first to the holder of a lien undi�r r
mortgagee or similar instrurrent to which this MorL9ag, is
expressly subject; an,1 the insurance proceeds,- or CItly flirt
thereof, if received by the Mortgagee, may be applied by tat:
Mortgagee, at its option, either in reduction of the indebtedness
hereby secured, or to the restoration or repair of the mortgaq,, ']
property damaged, provided that Mortgagee's option to apply such
proceeds to the res for:r L iorr or repair of the Mortg.iyed prol wr. t y
damaged shall be effective only if_ 'tliu entire ►norttjaged pro�pt!rty
has been improved and is operating in accord.Jnce, with pl.ins fur
the venture as def i netl in the Agreement between the Mbrtg,lgo r a11.1
the Mortgagee, date_ �„ , 1qu5. In the cv,-?nt C)f
foreclosure of this Mortgage, or of 'any transfer of title to the
mortgaged property in extinguisbinont of such' in(iebteduess, all
right, title and interest of the Mortgagor in and to every such
insurance policy then in force, shall pass to the granted
acquiring title to the mortgaged property together with such
l-)oli.cy aJ1d appropri.rte assi.grrntent of such right, tit.Ie acid
interest which shall be rvide by the r•lortt3agor.
85'�er. \l...
9. Any improvements and all plans and specifications
therefor shall comply with all applicable municipal ordinances,
regulations and rules made or promulgated by lawful authority,
and upon their completion, shall comply therewith and with the
rules of the Board of Fire Underwriters leaving jurisdiction.
t
10. Upon any failure by the Mortgagor to comply with or
perform any of the terms, covenants or conditions of this
Mortgage requiring the payment of any amount of money by the
Mortgagor, other than the principal amount of the loan evidenced
by the Note, interest and other charges, as provided in the Note,
the Mortgagee may at its option make such payment. Every payment
so made by the Mortgagee (including reasonable attorney's fees
incurred thereby), with interest thereon from the date of such
payment, at the rate of eighteen percent (181) per annum, except
any payment for which a different rate of interest is specified
herein, shall be payable by the Mortgagor to the Mortgagee on
demand and shall be secured by this Mortgage. This Mortgage with
`.
respect to any such amount and the interest thereon shall
constitute a lien on the mortgaged property prior t'D , y other
lien attaching or accruing subsequent to the lien of this
(
Mortgage.
11. The Mortgagee, by any of its agents or representatives,
sliall have the right to inspect the tnorLgaged property from time
to time at any reasonable hour of tlle> day. should the r1ort(Jrlt3t.tl
property, or any part. t.lioreof, at tiny t_ ime ro(pl i ro i llspec't_ ion,
repair, care or attention of any kind or n,itLlt-Q rioL provitic d by
this Mortgage as determined by the Mortgagoe in its sollr
discretion, the t•lortgagee may after notice to the Mortgagor,
enter or c•:iuse entry to let rll-ide upon the property an,]
inspect, repair, t- 11-'' for nr 1!l.i l.11t l l it 1 1''ll f •: '?E t)rt;l, ::i
the Mortgagee r.1-1y in its solo 'iiscretiurl dee_'lrl lle.�t s:; try, ln•1 1a�sy
pay all amounts of -,ionuy therefor, as the Nortg,_i(jee ir,:ly ill it,,
sole discretion deem necessary.
1Z. ';'h�hl int�1,,.11 t::n�ttnt. i�'.Ji•tct t,rl t':�•t �• t•ut't il�r. ..:'
�,
intt2rest- th,!r-c)r; :inn 11 �;h�rr eit 1C•;t's, l9 tl:, r 111 l:r•>', i 1� 3,
�!. :
Ill nther i:'lemllit by L:lt' i I-t..-1.1•; )1-
ilortgs:3ec 1�u17:,11 a lit. Lo) 't11,1 st>Curt-d by tlti.s '•1t>rt,3-t:a'_, slt•11
1i11;1Ediat12ly bt-t:omt:' d(l0 11i•I 1)�Iy%lb1 2 WithOUt W)t_i- 0 ur ete'Itl eIld 111)Utl
the appointmcnt of •i rt c--iver or vo l nni'.sry
or
involuntary, for tilt_: Mortg,lgur c.r tally �jf- Lfle' ;)r��tre l _ ,�
Lh'.
Mortgagor secured by this Mortg•zgO Or upO" t lit,, f i l
petition by or d9aillst the Mortgagor under tltt: j)rt-)visiIs
any
State insolvency law, or under the provisions of tht� then current
-
bankruptcy or act, or upon the making by the Mortgagor of
an
assignment for the benefit of the Mortgagor's creditors.
The
Mortgagee is authorizuJ to declare, at its ()1�ti,�n.- tl l or
rtaY
part of such inde:btedties s i.tnmedititely thlL! Illd 1) ly-11)10 111)011
t h,.
happening of any of they following event.s.
k 9Tu ,
*�
(a) Failure to pay the amount of any installment
of
anon
l
tllepri:cipal.
iJote, which shall have become: due-, prior to t:hg✓
cl;.»
e
date- of the nt_:xt �uc:h i nst it lmutit.
(b) nonperformance by thu Mortgagor of any co�vcnant,
agruetlont, torn or Qondition of this Mortgage, or of
the tJote (oxcu-pt as Otherwise provided in sl_]bd iv i s ioii
(,t) lie rt:of ) or of any othur ilejre0IIle-llt hurot-otort,,
herewith or hereafter in:i lei by the Mortgagor with the
tlorLgagev in cunne)ct ion with Such irtelcbtedness, _tft_t r
the Mortgagor leas been 9ive!ri clue notice by Lht
Mortgagee of suc,li nonperfori.tance.
(c) Failure
of the
'•iortgagor to purf-orm any
covenant,
dyrtt!lnr'lltt,
tOrm or
eOndlt-1011 1n any instrut:lutlt
creating
a lien
upon the
inort.j;-igoti property, or
any part
thereof,
Wiliult S11,11
1 llilVV l;t- iurity over the
lien of
this Mortgage:.
-4-
(d) The Mortgagee's discovery of the Mortgagor's failure in
any application of the Mortgagor to the Mortgagee to
disclose any fact deemed by the Mortgagee to be
material, or the making therein, or in any of the
agreements entered into by the Mortgagor with the
Mortgagee (including, but not limited to, the Note and
this Mortgage) of any misrepresentation by, on behalf
of, or for the benefit of the Mortgagor.
.11
(e) The sale, partial sale, refinancing, exchange,
transfer, lease or other transfer of any kind or nature
of the mortgaged property, or any part thereof,
including improvements and/or capital equipment
situated thereon, without the prior written consent of
the Mortgagee.
(f) Failure of the Mortgagor to comply with any provision
or term of the Agreement between the City of Miiami and
Grovites United to Survive, Inc., dated
1985 which is incorporated herein by reference.
The Mortgagee's failure to exercise any of its rights hereunder
shall not constitute a waiver thereof. All the events in this
paragraph enumerated upon the happenn ing of ay of wliich the Note
shall become, or may be df�clzired to b(_, immediatcly clue and
payable are in this Mortgage called "events of default."
13.
(a) After the happening of any default hereunder, the
Mortgagor
shall, upon �1(21-u,tid c)f the tHortgoctee, !;urrent.k,r
possession
of the rnortg:igecl property ►nd .ISSigll •-f11. 11'..r,ses to t114
?Mortgagee,
and the Hortkjajee may enter suf'lt property, ',n,l lot tho
same and collect
all rents therefrom which are clue or to bf,couto
due, and
apply the s,3r,e, after payment of ill charges and
expenses,
on account of the indebtedness hereby secur.e1, alid all
such rents
and rill o\i .tint it the t. i!n-- of
are hereby
assignf�d to the urthc•r scc:urity for 01"
payment of
the and the Mort(p7,gee tn.iy
also dispossess, by the iisual proceefli.ngs, ally tenant
defaulting
in the p,_ivaient. )f any rent to thee r1ort.,7ag.,e.
(b) In they event that the M,-.)rtgcicy(.)r occupies the
mortgaged property or any part thereof, the Mortgagor ;Agrees to
surrender possession of such property to the Mortgagee
immediately after any such default hereunder, and if the
Mortgagor remains in possession after such default, such
possession shall be as a tenant of the Mortgagee, and the
Mortgagor shall pay in advance, upon demand by the Mortgagee, as
a reasonable monthly rental for the premises occupied by the
Mortgagor, an amount at least equivalent to one -twelfth of the
aggregate of the twelve monthly installments payable in the
current calendar year, plus the actual amount of the annual
ground rent, if any, taxes, assessments, water rates,- other
governmental charges, anti insurance premiums payable in
connection with the mortgaged property during such year, and upon
failure of the Mortgagor to pay such monthly recital the Mortgagor
may also be dispossessed by the usual summary proceedings
applicable to tenants. This covenant shall become effective
immediately upon the happening of any such default, as determined
in the sole discretion of the Mortgagee, who shall give notice of
such determination to the Mortgagor; and in the case of
foreclosure and the appointment of a receiver of the rents, the
within covenant shall inure to the benefit of such receiver.
14. The Mortgagee in any action to foreclose this Mortgage
shall be entitled to the appointment of a receiver as a matter of
right, and without regard to the value of the mortgaged property,
or the solvency or insolvency of the mortgagor or other party
liable for the payment of the Note and other indebtedness secured
by this Mortgage.
` • 1
r, -
r
15. The Mortgagor, within the (10) days upon request in
person or within twenty (20) days upon request by mail, will
furnish promptly a written statement in form satisfactory to the
Mortgagee, signed by the Mortgagor and duly acknowledged of the
amount then owing on the Note and other indebtedness secured by
this Mortgage, and whether any offsets or defenses exist against
such indebtedness or any part thereof.
16. The Mortgagor will give immediate notice by registered
or certified mail to the Mortgagee of any fire, damage or other
casualty affecting the mortgaged property, or of any conveyance,
transfer or change in ownership of such property, or any part
thereof.
17. A notice which is mailed by certified mail to Mortgagor
or to the person or persons who are then the owner or owners of
the premises at the premises, or at such other address as
Mortgagor shall designate to Mortgagee in writing, shall be
sufficient notice when required under this Mortgage. Mortgagor
t
hereby waives and releases: (1) all errors, defects anti
imperfections in any proceedings instituted by Mortgagee under.
this Mortgagee; (2) all benefit that might accrue to Mortgagor
by virtue of any present or future laws exempting the premises,
or any part of the proceeds arising from any sale thereof, fr.orn
an attachment, levy, or sale under execution, or providing for
';.
any stay of execution exemption from civil process, or extensiot,
of time for payment; and (3) all notices not herein e LsF>utrerr
specifically required, of Mortgagor's default or of Mortgagee's
exercise, or election to exercise, any option under this
1
Mortgage.
13. The Mortg,i f( l not_ 1:;,;0 rr tlic. r nt s, if' lily, , ',
whole or in hart, frown the: inurtg-tyo i prul)(3rty, (it" ttiy p ir'
thereof, without the prior written consent of the.flortywg�-!e,
^' .� d f they mort(-•, o-1
19. the Mortgagor is lawfully s _ize o , ). •
„a ..
property and has good ri,.ilrt, full 1>awer .ri! y t_ ,
a
sell and convey th(� s,t:;t,., i n Lite m.3 tiny r llol e i n la, , lid ti i I
warrant and defend the :; i-ie to tli , Mortgagee i:,_)t,ovur
lawful claims 11ld dt-marrI3s of Any and all nartil-,s whatsouv_r.
20. ,lrc� tlorty,,c3or hereby waives th b(2►refi t r,f
expenditure for insurance, taxes, levi.er;, )r
;`.
charges incurred by tile: Hortgagee pursuant tv any I�rovis i >., �t
this Mortgage.
21. This Mortgage and all the covenants, agreements, terns
and conditions herein contained shall be binding upon arvi inure
to the benefit of the Mortgagor .trrd tilt, he,i us, 1.,c-I.t 1
representatives and assigns of the Mortgagor, anl3, to the �xr_c-rrt
permitted by law, every subsequent owner of the morty.tf;'�41
;kk
property, andshall be bintii_ng upon and inure to the herre>f i t to
the Mortgagee and its assigns. if the Mortgagor, as dt-.zfinod
herein, consists of two or more parties, this Mortgages shiII
constitute a grant and mortgage by all of them jointly -iti.1
severally, and they shall bi3 obligated jointly aril
.
under all the provisions Hereof and under they Note. The ojor;i
e
"Mortgagee" shall include any son, corporation or other party who
may from time to time be the holder of this Mortgage. Wrereverr
used herein, the singular number shall include the plural, tit,.
plural number shall include the singular, and the use of any
gender shall be applicable to .all genders wherever the
-�
requires.
22. The Mortgagor may prepiiy this Mortgage oblig:,tion rat
anytime without penalty.
23. This Mortgayt shall not be ,ass�rmabla.
24. This Mortgage is also given for the: purpose of
securing future advances which they Mortgagee may raake to tilt --
Mortgagor pursuant to the terms anc3 provisions of the Agreement
C)f i`)}iri, between P1ut't,_l-,tlor iind Hort,]at3ei,,
00)
IN WITNESS WHEREOF, this Mortgage 'has been duly signed and
sealed by the Mortgagor on or as of the day and year first above
written.
THIS IS A BALLOON MORTGAGE -AND
THE FINAL PAYMENT OR
THE
BALANCE DUE UPON MATURITY
1S
$338,450.76 TOGETHER WITH
ACCRUED INTEREST, IF ANY,
AND
ALL ADVANCEMENTS MADE BY
THE
MORTGAGEE UNDER T [11.-. .TERMS
OF '
THIS MORTGAGE.
ATTEST:
Corporate Secretary -'
MORTGAGOR
Grovite.s United to Survive,
Inc.
fay _
(SEAL).
The foregoing mortgage was acknowl.e dgeel before men this (I-Iy
of_ _ , 1985, try _ _ _ i'r�:�i ic�nt of
United to Survive, Inc.
Notary Public State of Florida
at Large
My Commission expires,
85-00,
W
PROMISSORY NOTE
4
f
$500,000 Place: Miami, Florida
Qr=
Date: , 1985
FOR VALUE RECEIVED, the undersigned jointly and severally
promise(s) to pay to the order of the CITY OF MIAMI, a Florida
Municipal Corporation, (herein called the "City"), acting by and
through its Department of Community Development, or its
successors, the sum of Five Hundred Thousand and No/100 Dollars
($500,000) [hereinafter referred to as "City Loan"] in lawful
money of the United States, together with interest thereon at the
rate of three per centum (3%) per annum in like lawful money from
the date hereof until maturity, on the principal balance
9
outstanding from time to time. Such principal and interest shall
1
be due and payable as follows!
There shall be no interest payable or accrued
until the first of the month following the
,i
month the certificate of occupancy is issued,
or January 1, 1986, whichever is sooner,
whereupon, principal and interest payments
shall be deferred in year 1 and 2 and shall
be paid at end of year 15 of the City Loan.
Commencing in the first month of year 3,
repayment of principal and interest shall he
made in monthly installments, on the first
day of each and every month, in accordance
with a 28 year amortization schedule during
the term of the City Loan, and a balloon
payment sufficient to pay off the entire
outstanding indebtedness of principal and
interest shall be made at maturity of the
City Loan. Said amortization schedule is
attached hereto as "Exhibit 1" and made a
part hereof by reference and description.
t: ='
;,. ..
The undersigned reserve(s) the right to prepay at any time
all or any part of the principal a,nount of this Note without the
payment of penalties or premiums. All payments on this Note
shall be applied first to the interest due on the Note, and then
to the principal, and the remaining balance shall be applied to
late charges, if any. Except as provided below, all monthly
x`
installment payments on this Note shall be credited as of the due
w
`y
date thereof without adjustment of interest because paid either
before or after such due date.
The undersigned further agree that distribution of City Loan
funds shall be made in accordance with the Agreement dated
, 1985, between the undersigned and the City.
IN THE EVENT the undersigned shall fail to pay the interest
on or principal arn►ount of. this Note when due, and if such failure
continues after notice by the City to the undersigned until the
date the next installment payment under this Note becomes due and
payable, then the outstanding principal balance of -this Note,
together with accrued interest and late charges, shall become due
and payable at the option of the City. Failure of the City to
exercise such option shall not constitute a waiver of such
default. No default shall exist by reason' of nonpayment of any
required installment of principal and/or interest (so long as the
amount of prepayments already made pursuant hereto equals or
exceeds the amount of the rewired installments). If'any monthly
installment of principal and/or interest due and payable under
this Note is not paid by the fifthteenth (15th) day of. the month
in which it is due, then the undersigned shall pay a late charge
Schedule A
equal to five percent (58) of the amount of each monthly
installment which is past due If this Note be reduced to
judgment, such judgment shall bear interest at the then current
rate provided by Florida Statutes,
IF suit is instituted by the City to recover on this Note,
the undersigned agree(s) to pay all costs of such collection
including reasonable attorney's fees and court costs.
THIS NOTE is secured by a first mortgage duly filed for
recordation in the Public Records of Dade County, Florida.
The Agreement between the undersigned and the.City dated
, 1985, is hereby incorporated into and made a part
hereof.
IN WITNESS WHEREOF, this Note has been duly executed by the
undersigned, as of its date.
ATTEST:
By
Corporate Secretary
CGK/wpc/ab/001
2/12/85 4:00 p.m.
2
GROVITES UNITED TO SURVIVE, INC.
By
President
85'. V-•
titl. t
N�
)mbay Plaza
,layment 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
33
39
40
41
42
43
44
45
46
47
48
49
50
51
Payment Interest Principal Balance
$530878.52
$2337.29 $1327.20 $1010.09 $529868.43
$2337.29 $1324.67 $1012.62 $528855.81
$2337.29 $1322.14 $1015.15 $527840.66
$2337.29 $1319.60 $1011.69 $526822.97
$2337.29 $1317.06 $1020.23 $525802.74
$Z337.29 $1314.51 $1022.78 $524779.96
$2337.29 $1311.95 $1025.34 $523754.62
$2337.29 $1309.39 $1027.90 $522726.72
$2337.29 $1306.82 $1030.47 $521696.25
$2337.29 $1304.24 $1033.05 $520663.20
$2337.29 $1301.66 $1035.63 $519627.57
$2337.29 $1299.07 $1038.22 $518589.35
$2337.29 $1296.47 $1040.82 $517548.53
$2337.29 $1293.87 $1043.42 $516505.11
$2337.29 $1291.26 $1046.03 $515459.08
$2337.29 $1288.65 $1048.64 $514410.44
$2337.29 $1286.03 $1051.26 $513359.18
$2337.29 $1283.40 $1053.89 $512305.29
$2337.217 $1280.76 $1056.53 $511248.76
$2337.29 $1278.12 $1059.17 $510189.59
$2337.29 $1275.47 $1061.82 $509127.17
$2337.29 $1272.82 $1064.47 $508063.30
$2337.29 $1270.16 $1067.13 $506996.17
$2337.29 $1267.49 $1069.80 $505926.37
$2337.29 $1264.82 $1072.47 $504853.90
$2337.29 $1262.13 $1075.16 $503713.74
$2337.29 $1259.45 $1077.84 $502100.90
$2337.29 $1256.75 $1080.54 $5016"10.3b
$2337.29 $1254.05 $1083.24 S5UU537.12
$2337.29 $1251.34 $1085.95 $4994SI.17
$2337.29 $1248.63 $1088.66 $498362.51
$2337.29 $1245.91 $1091.38 $497271.13
$2337.29 $1243.18 $1094.11 $496177.02
$2337.29 $1240.44 $1096.85 $495060.17
$2337.29 $1237.70 $1099.59 $493980.58
$2337.29 $1234.95 $1102.34 $492878.24
$2337.29 $1232.20 $1105.09 $491773.15
$2337.29 $1229.43 $1107.86 $490665.29
$2337.29 $1226.66 $1110.63 $489554.66
$2337.29 $1223.89 $1113.40 $483441.26
$2337.29 $1221.10 $1116.19 $487325.07
$2337.29 $1218.31 $1118.98 $486206.09
$2337.29 $1215.52 $1121.77 $485084.32
$2337.29 $1212.71 $1124.58 $483959.74
$2337.29 $1209.90 $1127.39 $482832.35
$2337.29 $1207.08 $1130.21 $481702.14
$2337.29 $1204.26 $1133.03 $480569.11
$2337.29 $1201.42 $1135.87 $479433.24
$2337.29 $1198.58 $1138.71 $478294.53-
$2337.29 $1195.74 $1141.55 $477152.98
$2337.29 $1192.88 $1144.41 $476008.57
C75-wJL.-,m -
F4
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
10
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
$2337.29 $1190.02 $1147.27 $474861.30
$2337.29 $1187.15 $1150.14 $473711.16
$2337.29 $1184.28 $1153.01 $472558.15
$2337.29 $1181.40 $1155.89 $471402.26
$2337.29 $1178.51 $1158.78 $470243.48
12337.29 $1175.61 $1161.68 $469081.80
$2337.29 $1172.70 $1164.59 $467917.21
$2337.29 $1169.79 $1167.50 $466749.71
$2337.29 $1166.87 $1170.42 $465579.29
$2337.29 $1163.95 $1173.34 $464405.95
$2337.29 $1161.01 $1176.28 $463229.67
$2337.29 $1158.07 $1179.22 $462050.45
12337.29 $1155.13 $1182.16 $460868.29
$2337.29 $1152.17 $1185.12 $459683.17
$2337.29 $1149.21 $1188.08 $458495.09
$2337.29 $1146.24 $1191.05 $457304.04
$2337.29 $1143.26 $1194.03 $456110.01
$2337.29 $1140.28 $1197.01 $454913.00
$2337.29 $1137.28 $1200.01 $453712.99
$2337.29 $1134.28 $1203.01 $452509.98
$2337.29 $1131.27 $1206.02 $451303.96
$2337.29 $1128.26 $1209.03 $450094.93
$2337.29 $1125.24 $1212.05 $448882.88
$2337.29 $1122.21 $1215.08 $447667.80
$2337.29 $1119.17 $1218.12 $446449.68
$2337.29 $1116.12 $1221.17 $445228.51
$2337.29 $1113.07 $1224.22 $444004.29
$2337.29 $1110.01 $1227.28 $442777.01
$2337.29 $1106.94 $1230.35 $441546.66
$2337.29 $1103.87 $1233.42 $440313.24
$2337.29 $1100.78 $1236.51 $439076.73
$2337.29 $1097.69 $1239.60 $437337.13
$2337.29 $1094.59 $1242.70 $436594.43
$2337.29 $1091.49 $1245.80 $435348.63
$2337.29 $1088.37 $1243.92 $434U99.71
$2337.29 $1085.25 $1252.04 $432847.67
$2337.29 $1082.12 $1255.17 $431592.50
$2337.29 $1078.98 $1258.31 $430334.19
$2337.29 $1075.84 $1261.45 $42901Z.74
$2337.29 $1072.68 $1264.61 $427808.13
$2337.29 $1069.52 $1267.77 $426540.36
$2337.29 $1066.35 $1270.94 $425269.42
12337.29 $1063.17 $1274.12 $423995.30
$2337.29 $1059.99 $1277.30 $422718.00
$2337.29 $1056.80 $1280.49 $421437.51
$2337.29 $1053.59 $1283.70 $420153.81
$2337.29 $1050.38 $1286.91 $418866.90
$2337.29 $1047.17 $1290.12 $417576.78
$2337.29 $1043.94 $1293.35 $416283.43
$2337.29 $1040.71 $1296.58 $414986.85
2337.29 103747 i1299.82 $413687A3
2337.29 1034:22 $1303.07 $412383.96
$2337.29 $1030.96 $1306.33 $411077.63
$2337.29 $1027.69 $1309.60 $409768.03
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$1319.44
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$1349.43
$393795.15
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$385627.45
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129
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$375942.50
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EXHIBIT 5
ANNUAL REPORT
Period Covered: Date
Project Name:
Project Developer/Operator:
Address:
Telephone: Contact Person:
I. SUMMARY OF PROGRESS (Describe project progress during report
period. Highlight major positive accomplishments, i.e., % of space
leased; list of tenants; construction completed; or any benchmarks r-)f
progress.) Use additional pages if necessary.
II. STATEMENT OF PROBLEMS (Explain any obstacles to progress which
have affected'thf: project.)
III. ANTICIPATED PROGRESS/PROBLEMS (Specify what will be expected
to be accomplished for the next reporting period . and %rhat prop.'_ -n—'s
may be expected.)
that the
IV. RESOLUTION
OF PRcUBLENIS
(State
how
it is expected
problems stated in
Parts I'I and
III will
be
resolved and by
whom.)
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EXHIBIT 10
EQUAL EIIPLOY14EIlT OPPORTUNITY CLAUSE FOR CONTRACTS
SUBJECT TO EXECUTIVE ORDER 11246, A,S A14ENDED
In carrying out this contract, the recipient and any subcontractor
shall not discriminate against any employee or applicants for employment
because of race, color, religion, sex or national origin. -
The recipient and any subcontractor shall take affirmative action
to insure that applicants for employment are employed, and.that employees
are treated fairly during employment, without regard to race, color,
religion, sex or national origin. Such action shall include, but not be
limited to, the following:
Employment, upgrading, demotion or transfer, recruitment, recruit-
ment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training including apprenticeship. The
recipient and any subcontractor shall post in a conspicous place availbale
to employees and applicants for employment, notices to be provided by the
government setting forth the provision of this non-discrimination clause.
The recipient and any subcontractor shall state that all qualified candi-
dates will receive-onsideratio;i for employment tithout regard to race,
color, religion, sex or national rights.
EXHIBIT 11
110USING & COt•MUITY DEVELOPMENT ACT OF 19741 SECTION
110, TITLE I
All laborers and mechanics employed by the recipient and their
contractor and subcontractors in the performance of construction
work financed in whole or part with federal funds under this titJ.c-
shall pay wages at rates not less than those prevailing on similar_
construction in the locality as determined by the Secretary of
Labor in accordance with the Davis -Bacon Act, as amended.
COPELAND ANTI -KICKBACK ACT
This Act prohibits the recipient, his contractors and sub-
contractors from inducing by any means, any person employed in
r the project to give up any part of the compensation to which
they are otherwise entitled. The recipient shall make this
provision a part of any and all contracts with such contractors
and subcontractors.
All persons employed shall be paid unconditionally acid not
less often than once a week and without subsequent deduction cr
rebate of.any account except "permissable" salary deductions.
They shall receive a wage not less than that contained in the
wage determination made by the Secretary of Labor attached hereto
and made a part hereof.
CONTRACT WORK HOURS AID SAFETY STANDARDS ACT
The recipient and his contractor and subcontractors shall
compensate laborers or mechanics for overtime.
Laborers and mechanics shall be compensated for hours in
excess of eight hours per calendar day or in excess of forty
• hours per week at not less than one and one-half the basic rate.
LEAD-DASED PAINT HAZARD ACT
The recipient agrees that no lead -based paint or substances
containing lead shall be used in any part of this project.
EXHIBIT 11 (cont'd)
FLOOD DISASTER PPMECTION ACT 1973
The recipient shall use no portion of this assistance for the acquisition
or construction in areas Mentified as having special flood hazards, unless pro-
visioni have been made fmdtthe transferree and his successors or assignees to
obtain -and maintain, duringithe ownership of such land, such flot)d insurance as
required under this Act., At.
CLEMI AIR, AS AMENDED: THE FEDERAL WATER POLLUTION ACT, AS A14EIlDED
The recipient shall see that no facilities listed on the ERA list of
violating facilities wilk be utilized.
The recipient shall comply with Section 14 of the Clean Aii Act, as
amended, relating to inspP dtion, monitoring, entry, reports and all information.
The recipient shall include all of the above provisions and shall take
such action as a means oi:renforcing such provisions in all subcontracts.
SUBCONTRACTS BY RECIPIENT
Any and all contracts entered into by the recipient shall and will
contain all of the requirements as stated in this attachment and the contract
of which his is attac,•ed and made a part of.
The recipient will not have the authority or ability to waiver or alter
any of -the requirements set forth in this contract or in any subcontracts made
by the recipient.
EXHIBIT 11 (cunt'd)
FLOOD DISASTER PROTECTION ACT 1973
The recipient shall use no portion of this assistance for the acquisition
or construction in areas identified as having special flood hazards, unless pro-
visions have been made for the transferree and his successors or assignees to
obtain and maintain, during the ownership of such land, such flood insurance as
required under this Act.
CLEAN AIR, AS AMENDED: THE FEDERAL WATER POLLUTION ACT, AS AMENDED
The recipient shall see that no facilities listed on the EPA list of
violating facilities will be utilized.
1
The recipient shall comply with Section 14 of the Clean Air Act, as
ar,ended, relating to inspection, monitoring, entry, reports and all information.
The recipient shall include all of the above provisions and shall take
such action as a means of enforcing such provisions in all subcontracts.
SUBCONTRACTS BY REC I P I Ef IT
Any and all contracts entered into by the recipient shall and will
contain all of the requirements as stated in this attachment and the contract
of which this is attached and made a part of.
The recipient will not have the authority or ability to,'waiver or alter
..�
any of the requirements set forth in this contract or in any subcontracts made
by the recipient.