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Pre-Attachment 3
AGENDA ITEM SVMMARY FORM FILE ID: i✓` 5 0 i :,) PH.16 Date: 3/23/2005 Requesting Department: Community Development Commission Meeting Date: 4/14/2005 District Impacted: City wide Type: El Resolution ❑ Ordinance E Emergency Ordinance ❑ Discussion Item ❑ Other Subject: Transferring funds from LTRA to Movers. Inc. Purpose of Item: The purpose of this item is for the City Commission to approve the transfer City of Miami Department of Community Development 30`h Year Long Term Rental Assistance Program (LTRA). program funds, in the amount of $130,000, to Movers, Inc. for the rehabilitation of Life Quest I and II. Background Information: Resolution No. 03-1244 adopted on December 18, 2003, allocated funds in the amount of $100,000 to Movers; Inc. for the operation and maintenance of the Life Quest I and II, and the amount of $150,000 for the construction and rehabilitation of the Life Quest facilities; and • Resolution No. 04-0445, adopted July 8, 2004, transferred the amount of $100,000 from Movers, Inc. for operating support programs to Movers, Inc. for the rehabilitation of the Life Quest I and II facilities; and Movers, Inc. requires additional funding to complete the rehabilitation of Life Quest I and II; and • The Administration is requesting transferring City of Miami Department of Community Development 30th Year Long Term Rental Assistance Program program funds, in the amount of $130,000, to Movers, Inc,; Budget Impact Analysis Is this item related to revenue? Is this item an expenditure? Ilse, please identify funding source below. General Account No: Special Revenue Account No: CIP Project No. Is this item funded by Homeland Defense/Neighborhood Improvement Bonds? Start Up Capital Cost: Maintenance Cost: Total Fiscal Impact: Final Approvals (SIGN AND PATE) CIP Budget If using or receiving capicai funds 111113 Pace: o{2 Grants Purchasing - 1 Chief- Risk Managen Dept. Directo City Manage 7 Page 2 of 2 + < `' City of Mioni Dep orrrrlent of ' � ,.. ' •4-' ;'•J CcLrItn�,,r �._, Development Y •VY Fri r. ci � ii, HMI � 4. cf PUBLIC NOTICE Thursday April 14, 2005. 10:30 A.M. ' City of Miami Commission Chamber 3500 Pan American Drive Miami, Florida 33133 Federal regulation's govemino CDBG and other HUD programs require that a participating jurisdiction provide citizens with reasonable notice of end an opportunity to comment on any amendments to funding o1 HUD programs. In addition, the public is advised of the proposed amendmenl(E) to the funding of the City program(s) indicated below: 1. 'Discussion and Proposed resolution authorizing the City Manager tc execute a professional services agreement with Micro flusineas USA to provide administrative services for an individual development account program. 2. ' Discussion and Proposed resolution authorizing the conveyance, with parcel reverter provisions, of nine City owned vacant parcels of land, to Habitat for Humanity of Greater Miami, Inc. for the development of affordable housing opportunities for eligible tow and moderate income persons. 3. ' Discussion and Proposed resolution authorizing the transfer o! 30th year Program Income funds, in the total amount of 550,000, to be treneterred es shown below: • • • t TRANSFER FUNDS FROM: Program/Activity Amount REALLOCATE FUNDS T0: Program/Activity Amount 30^ Year Program income Total • • $50,000.00 00 Allapettah Community Action, Inc: (IDISM 1577) $50,000.00 • . Total 4. ' Discussion and Proposed resolution authorizing the transfer of CDBG funds lrom.James E Scott Community Center Association, Inc. tor public facilities end improvement activities, in the total amount of $100,000.00, to be transferred es shown below: • TRANSFEP. FUNDS FROM: Prooram/Activity Amount REALLOCATE FUNDS T0: Proaram/Activity &MOnt James E Scott Community Center Association, Inc. (iDlSit 1839) $100,000.00 Total $100.000.00 James 6 Scott Community Center Association, Inc. (10tSi 1693) • • 3100,000.00 Total 3100.000.QQ 5 ' Discussion and Proposed resolution authorizing the trenster of City of Miami Department of Community Development 30th Year Long Tenn Rental Assistance (LTRA) Program funds, in the total amount of $130,000.00, to be trans erred as shown below: TRANSFER FUNDS FROM: proorem/Activity Amount . $130,000.00 ilaQ.000,00 REALLOCATE FUNDS T0: Proaram/Activity • Ar 9111t City of Miami Deperrent of Community Development 30" Year LTRA Progrern pDISII 1715) • Total Movers, Inc.(IDiS11583) 5130,000.00 total $130.000.OQ 6. ' Discussion and Proposed resolution authorizing the transfer of 30th below: Year Program Income funds, In the total amount o15336,500.00, to be transferred as shown TRANSFER FUNDS FROM: Program/Activity Amount REALLOCATE FUNDS T0: . program/Activity Amount 30^ Year Program Income Total S336,500.00 •3336.500.00 Allapettan Wynwood Community and Development Center, Inc. • (101501358) $300,000.00 Southwest Social Services Programs, Inc.(IDIS01676)• $30,000.00 Catholic Chanties of the Archdiocese • of Miami, IncJCentrc Mater Care Center (IDISM1595) • Chill 0 $336.55000.09 7. ' Discussion and Proposed resolution ratifying, approving and confirming the City Manager's request for waiving the requirements for competitive sealed bids, and authorizing the execution of a professional service agreement with Coalition 1c End Childhood Lead Poisoning, Inc. to provide technical assistance to the Miami Unleaded Program. 6. ' Discussion end Proposed resolution authorizing the transfer of COED Closed out funds and Program Income funds, in the total amount of $1,761 b46.00 to be transferred et shown below: TRANSFER FUNDS FROM: procram/Actiyfy - Amount REALLOCATE FUNDS T0: Proaram/Ast)yity Amount Fr gram Income E36 955.E 1 City of Miami building Department/ Code Enforcement {IDISS 1509) 5575.66 City of Miami Department of Capital .Improvement Projects lIDlS► 1510) 536,351.5E City of Miami Department of Capital !rnorevements/Ai.Epatlah Street Improvements S i , 7 E1,646.00 Catholic Chanties of the Archdiocese of Miami, Inc./ Pierre lousaint Haitian Center (IDISM 1533) • • Tapun Bay USA, inc. (IDIS*1632) 511 P.65 s i.nnn on Ra{ael Hernandez Housing end Economic Development Corp. (IDISN 1475) catholic Charities of the Archdiocese of Miaml, Inc/Centro Mater Childcare 000 1501) The Young en's Christian Association Of Greater Miami/ Coconut Grove Branch pass 1507) United Haitian American Artists, Inc. (IDISO 1659) Local initiatives Support Corporation (ID1SN 1803) Utile Heil Housing Association, Inc. (IDISN 1587) ANipattah Business Development Authority, Inc. (IDISN 1621) Satnlg&1e Family Rehabilitation Program {1018* 1599) Total ' ,$'}b6.06 2795.00 22429.54 548.30 5180.31 225,000.00 2253.87 S266,759.00 51.761.846.00 Total ;1.761.646.l70 9. • Discussion and Proposed resolution authorizing the transfer of 29thth of 2599,048.43, to be transferred as shown below: • • Year Housing Opportunities for Persons with AIDS Closed out hinds, In the total amount. • TRANSFER FUNDS FROM; Proaram/Activity Community AIDS Resource, Inc. Nisi 1487) Cr of Miami HOPWA Administration NO3 (1DISN 1480) City of Miami Lang Term Rental Assistance 2003 00181481) City of Miami Emergency Assistance Program 2003 (101SN 1482) Miami Beach•Communtty Development Corporetion, Inc. (101S11619) Better Way of Miami, Inc. (101511483) Catholic Chanties of the Archdiocese of Miami, Inc./ Genesis Program (101511485) Community Coe Management, Inc. (1DISe1488 Douglee Gardens Community Mental Health Center of Miami Beach, Inc. (101801489) £mower U, Inc. ODIBs1490) BAME Development Corp. of South Florida, Inc. (1 Ise 1491) Miami Beech Community Development ration, Inc./ Femw000/Sheltoume 001 01492) The Center for Positive connections, Inc. (I0ISI11496) New Horizons Community Mental Hearth Center, Inc, (ID1S01617) Center for Independent Living of South Florida, inc. (ID1SN1818) AmOihal 212,537.50 227,304.90 $300,862,24 5102,599.06 215,468.75 2780.00 23,026.48 22875.50 552,218.34 26,271.00 $34,000.40 5264.26 $6,152.50 217,956.25 215,831.25 REALLOCATE FUNDS TO: iy of • Department of Community Development Long Term Rental Assletence Program -30' Year (IDIS01715) Sunshine for NI, Inc. • • 2549,048.43 250,000.00 Total 2599.945•43 Total ,j599.048.43 ' The adoption of this Ordinance/Resolution, by the City Commission authorizes the City Manager to emend the appropriate City of Miami annual Action Ran. Interested individuals ere encoursped to sttend this Public Hearing. The meeting site is accessible to the handicapped. Roquetts fa special accommodations may be directed to the Department of Community .Pavel opment et 4305) 41E-2080 no leas then three (3) business days prior to the Public ' Nearing date. . .." •.{AD *143'/ City of Miami Legislation Resolution: R-04-0445 City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami,fl.us File Number: 04-00699 Final Action Date:7/8/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM FUNDS, IN THE AMOUNT OF $100,000, FROM MOVERS, INC., FOR OPERATING SUPPORT PROGRAMS, AND ALLOCATING SAID FUNDS TO MOVERS, INC., FOR THE REHABILITATION OF THE LIFE QUEST FACILITIES I AND II; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MOVERS, INC., FOR SAID PURPOSE. WHEREAS, Resolution No. 03-1244, adopted December 18, 2003, allocated funds in the amount not to exceed $100,000, to MOVERS, Inc., for the operation and maintenance of the Life Quest facilities I & II, and the amount not to exceed $150,000, for the construction and rehabilitation of the Life Quest facilities to provide housing for low-income people living with HIV/AIDS; and WHEREAS, MOVERS, Inc. requires additional funding to complete the rehabilitation of the Life Quest facilities l&II; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The transfer of Housing Opportunities for Persons with Aids ("HOPWA") Program funds, in the amount of $100,000 from MOVERS, Inc., for operating support programs and the allocation of said funds to MOVERS, Inc., for the rehabilitation of the Life Quest facilities I & 1I, is authorized. Section 3. The City Manager is authorized(1) to execute an Agreement with MOVERS, Inc., in substantially the attached form, with Movers, Inc., for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2) Footnotes: City of Miami Page 1 of 2 Printed On: 10/26f OW File Number: 04-00699 Enactment Number: R-04-0495 {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City njMliumi Paget of2 Printed On: 10/2612004 City of Miami Text File Report City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Flle ID: 03-0286 Type: Resolution Status: Mayor's Office for Signature Enactment it: R-03-1244 Enactment Date: 12/18/03 Version: 3 Introduced: 11/21/03 Controlling Body: City Commission A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FISCAL YEAR 2003-2004 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM FUNDS, IN THE TOTAL. AMOUNT OF $250,000, FROM THE CITY OF MIAMI ("CITY") DEPARTMENT OF COMMUNITY DEVELOPMENT/EMERGENCY PROGRAM, AND ALLOCATING FUNDS, IN THE AMOUNT OF $100,000, TO MOVERS, INC., FOR THE OPERATION AND MAINTENANCE OF THE LIFE QUEST FACILITIES, LOCATED AT 1301 NORTHEAST 1 1 1TH STREET, 11115 NORTHEAST 13TH AVENUE, 1075 NORTHEAST 149TH STREET, 1095-97 NORTHEAST 149TH STREET AND 14950-52 NORTHEAST 11TH AVENUE, MIAMI, FLORIDA, FOR THE PERIOD BEGINNING JANUARY 1, 2004 THROUGH SEPTEMBER 30, 2004, TO BE OCCUPIED BY LOW-INCOME PERSONS WITH AIDS REFERRED BY THE CITY; AND ALLOCATING FUNDS, IN THE AMOUNT OF $150,000, FOR CONSTRUCTION REHABILITATION OF THE LIFE QUEST FACILITIES, CONTINGENT UPON APPROVAL OF THE CITY'S HOUSING AND COMMERCIAL LOAN COMMITTEE; AUTHORIZING THE TRANSFER OF THE LIFE QUEST FACILITIES BY LOCK TOWNS COMMUNITY MENTAL HEALTH CENTER, INC ("LOCK TOWNS" TO MOVERS, INC. SUBJECT TO PARCEL REVERTER PROVISIONS, AS DEEMED APPROPRIATE BY THE CITY MANAGER AND THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A HOPWA AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MOVERS, INC., FOR SAID PURPOSES. WHEREAS, the Housing Opportunities for Persons with Aids ("HOPWA") Program was created under the AIDS Housing Opportunity Act, and revised under the Housing and Community Development Act of 1992; and WHEREAS, since 1994 the City of Miami ("City") has received }IOPWA Program funds from the United States Department of Housing and Urban Development ("HUD") and has been responsible for the implementation of programs designed to provide housing and related services to individuals living with AIDS in the City, the Cities of Hialeah and Miami Beach, and throughout Miami -Dade County; and WHEREAS, in December 953; the City Commission awarded HOPWA program funds to Lock Towns Community Mental Health Center, Inc. ("Lock Towns") to acquire, rehabilitate and operate eighteen (i 8) units of rental housing for low-income persons wi:h AIDS at the Life Quest facilities ("l.,tfe Quest") located at 1301 Northeast i I i th Street, 11115 Northeast 13th Avenue, 1075 Northeast 149th Street, 1095.97 Northeast 149th Street and 14950.52 Northeast I lth Avenue, City of Miami Pege i Prnteecn.i!S.:Afi< 03-709 allocating Year 2003-2004 HOPWA Program funds to specified agencies, including $I,500,000 to the City's Department of Community Development for the Emergency Program; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The transfer of Fiscal Year 2003-2004 HOPWA funds, in the total amount of $250,000, from the City's Department of Community DevelopmentImergency Program and the allocation of said funds, in the amount of $100,000, to MOVERS, Inc. for the operation and maintenance of the Life Quest Facilities located at 1301 Northeast 111 th Street, 11115 Northeast 13th Avenue, 1075 Northeast 149th Street, 1095-97 Northeast 149th Street and 14950-52 Northeast 1 Ith Avenue, Miami, Florida, for the period beginning January 1, 2004 through September 30, 2004, to be occupied by low income persons with AIDS referred by the City, is authorized, and the amount of $150,000, for construction rehabilitation of Life Quest, is authorized, contingent upon approval from the City's Housing and Commercial Loan Committee. Section 3. The transfer of the Life Quest facilities by Lock Towns to MOVERS, Inc., is authorized, subject to parcel reverter provisions, as deemed appropriate by the City Manager and the City Attorney. Section 4. The City Manager is authorized{ I) to execute a HOPWA Agreement, in substantially the attached form, with Movers, Inc., for said purposes. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2 } Cit. of NI:a.T.i ;'a€r Pr iniec or. 3/ i 5i2 )C5 22/29/2003 10:08 3055719207 Prepared by: Marie A. Valentine, Esq. 4770 Biscayne Boulevard State 1200 Miami, Florida 33137 (305) 576-1011 Property Folio Nos.: 30-2220-032-0010 30-2220-032-0020 30-2220-032-0030 MARK VALENTINE PA PA., i e2 111111111111111111111111111111111111111111111 CFI-4 2003R09674-32 OR E.k 21942 Ps 4057; (Ins;' RECORDED 12/31/2003 10:22:32 DEED DOC TAX 0.60 HARVEY RUVIN, CLERK OF COURT 11IAMMI-DADE COUNTY, FLORIDA LAST PAGE QUIT CLAill DEED THIS QUIT CLAIM DEED. executed this ,`day of t riaf 2003, by LOCK TOWNS COMMUNITY MENTA L HEALTH CENTER, a Florida 'torpor*** whose address is 202201 N.W. 376 Avenue Miami. Florida 33056 patty of the first part to MOVERS,INC., a Florida eorperatloa whose address is 6112 N.W. 7e Avenue Miami, Florida 33150 party of the second part. WITNESSETH. that the said fins party, for and in consideration of the rum of510.00 o.g.v.c. in hand '`;c receipt of which is hereby acknowledged, does hereby remise, release and quit- claim unto me s:;c of toe second part forever, all the right, title, interest, claim and demand which the said ,first party has in hand and to the following described lot, piece or panel of land situate. lying and being in the County of Miami -Dade, State of Florida to wir. Lots, 1, 2, and 3 of ETHELWOOD according to the Plat thereof as recorded in Plat Book70, at Page 59 of the Public Records of Miami -Dade County, Florida a kie 1095-97 N.E. 149e Street North Miami, FL To have and to hold the same together with all singular the appurtenances :hereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity andclaim whatsoever of the said first party, either in law or equity. to the only proper use, benefit of the said second party fotever- IN WITNESS WHEREOF, the said that party has signed end sealed these presents the dry arid yaw fast above MARK KNOBEL as President qef S ek Ok€ P NAME STATE OF FLORIDA ) :55 COUNTY OF BROWARt, ) The foregoing instrument was acknowledged before me this.3 day of -e- • .2003 by Mark Knobel as President of LOCK TOWNS COMMUNITY MENTAL HEALTH CENTER who is personally known to me or who has prod • t p�crti — as id -. tification and who did (did not) take at oath. 1�OTAR 'f' :L1C Print Name Notary Public = State of Florida Mary Ann Silke - I.D. 1M 509075 Commission No. OD 001799 * 1 Expires February 15, 2005 12/2S/2E03 ,2:44 38557/9287 Prepared by: Mark A. Valentine, Esq. 4770 Biscayne Boulevard Suite 1200 Miami, Florida 33137 (305) 576-1011 Property Folio Nos.: 30-2232-016-0080 30-2232-016-0090 MARK VALENTINE PA PAGE 82 I IIIiII 11111111111111111111 II ill IIIII 1111 II II CFN 2043RO967433 DR Bk 21942 Ps 4058i (1vs} RECORDED 12/31/2003 10:22:32 DEED DOC TAX 0.60 HARVEY RUVIMr CLERK OF COURT MIAMI—DADE COUNTYr FLORIDA LAST PAGE QUTT CLWEED TH19 QUIT CLAIM DEED, executed this day off*w-w—; 2003, by LOCK TOWNS comet -uteri( MCNTAL HEALTH CENTER, a Florida corporates whose address is 202201 N.W. 37a Avenue Miami, Florida 33056 party of the first pert to MOVERSJNC., s Florida corporation whose sddresa is 6112 N.W. 711 Avenue Mie ni, Florida 33150 party of the second part WITNE$SETii, the the said first party, for end in consideration of the sum of S10.00 o.g. v.v.,. in hand paid by the second party, the receipt of which is hereby aclmewledged, does hereby remise, release and quit. cleim unto the said party of the second part forever, all the right title, interest, claim and demand which the raid first party has in hand and to the following described lot, piece or parcel of land situate, lying and being in the County of Miami -Dade. State of Florida to wit: Lots g and 9, Block 1 of 3AFFE SUBDIVISION according to the Plat thereof as recorded in Plat Book 52 st Page 95 of the Public Records ofMismi-Dade County, Florida aAJa 11115 N.E. 13° Avenue North Miami, FL atkia 1301 N.E. 1116 Street North Miami, FL To have end to hold the name together with all singular the appurtenances therevnao belonging of in anywise appertaining, and all the cause, right, title, intemat, lien, equity and claim whatsoever of the said fast party, either in law or equity, to the only proper we, benefit of the said second party forever. IN WITNESS WIRREOF, the said first party has signed and sealed these presents the day and year first above Fk e WINES / /Of &Z (ct tee,e! PRINT NAME STATE OF FLORIDA :SS MARK KNOBEL as President MINTY OF BROWA RD ) The foregoing instrument was acknowledged before rat this 3 D day of . ,2003 by Mark Knobel as President of LOCK TOWNS COMMUNITY MENTAL HEALTH CENTER who is personally known to me or who has produced a . as identification and who did (did not) take an oath. Notary Public - State of Florida, Mary Ann Silks - I.D. # 509078 Commission No. DO 001799 Expires February 15, 2005 NO ARY Print Name Miami -Dade My Horne Page 1 of 2 My Home iam da • e.' Show Me: Property Information Search By: Select Item Q Text only Property Appraiser Tax Estimator Summary Details: Folio No.: 30-2.2.32-016.-0090 Property: 1301 NE 111 ST Mailing ®MOVERS Address: INC 7186 NW 14 PL MIAMI FL 33147-7042 Property Information: Primary Zone: 3700 MULTI -FAMILY CLUC: 0003 MULTIFAMILY - APARTMENTS Beds/Baths: 4/4 Floors: 1 Living Units: 4 Adj Sq Footage:' 2,020 Lot Size: 8,400 SO FT Year Built: ' 1955 Legal Description: JAFFE SUB PB 52-95 LOT 9 BLK 1 LOT SIZE 75.000 X 112 OR 16499- 2886 0894 4 COC 21942-4058 12 2003 4 Sale Information: Sale O/R: 21942-4058 Sale Date: 12/2003 Sale Amount: $0 Assessment Information: Year: 2007 2006 Land Value: $151,520 $108,927 Building Value: $64,794 ' $63,444 Market Value: $216,314 $172,371 Assessed Value: $216,314 $172,371 Total Exemptions: $0 $0 Taxable Value: _ $216,314 $172,371 Additional Information: Click here to see more information for this property: Community Development District Community Redevelopment Area (Empowerment Zone Enterprise Zone Land Use Urban Development Boundary Zoning Non -Ad Valorem Assessments ACTIVE TOOL_ SELECT Digital Orthophotography - 2007 0 We appreciate your feedback, please take a minute to complete our survey. My Home I Property Information I Property Taxes,. I My Neighborhood I Property Appraiser Home I Using Our Site 1 About 1 Phone Directory 1 Privacy 1 Disclaimer 111 ft If you experience technical difficulties with the Property Information application, please click here to let us know. E-mail your comments, questions and suggestions to Webmaster Web Site © 2002 Miami -Dade County. All rights reserved. hrr„• iln;c;mc� miamir3ade onv. mvhnme/r,roomat?.asr 3/20/2008 Miami -Dade My Home Page 1 of 2 My Home Show Me: Property Information Search By: Select Item iJ Text only Property Appraiser Tax Estimator Summary Details: Folio No.: , 30-2232-016-0080 Property: 11115 NE 13 AVE Mailing 'MOVERS INC Address: '7186 NW 14 PL MIAMI FL 33147-7042 Prooertv Information: Primary Zone: 3700 MULTI -FAMILY CLUC: 0003 MULTIFAMILY - APARTMENTS Beds/Baths: ,4/4 Floors: 1 Living Units: "4 Adj Sq Footage:, 1,900 Lot Size: .8,848 SO FT Year Built: 1955 32 52 42 JAFFE SUB PB Legal 52-95 LOT 8 BLK 1 LOT Description: SIZE 79.000 X 112 OR 16499-2886 0894 4 COC 21942-4058 12 2003 4 Sale Information: Sale 0/R: /21942-4058 Sale Date: 12/2003 Sale Amount: $0 Assessment Information: Year: 2007 2006 Land Value: . $159,601 $114,736 Building Value: $60,944 $59,675 Market Value: $220,545 $174,411 Assessed Value: $220,545 7'5174,411 Total Exemptions: $0 $0 Taxable Value: $220,545 $174,411 Additional Information: Click here to see more information for this property: Community Development District Community Redevelopment Area Empowerment Zone Enterprise Zone Land Use Urban Development Boundary Zoning Non -Ad Valorem Assessments ACTIVE TOOL: SELECT Digital Orthophotography - 2007 0 "A;i; We appreciate your feedback, please take a minute to complete our survey. My Horne I Property_Information 1 Property TaxeS I My Neighborhoo. ti I Property Appraiser Home I Using Our Site I About I Phone Directory 1 Privacy I Disclaimer 111ft If you experience technical difficulties with the Property Information application, please click here to let us know. E-mail your comments, questions and suggestions to Webmaster Web Site © 2002 Miami -Dade County. All rights reserved. io is 41r11; n-0j nmFinrnrsmf-1nC11 3/20/2008 Miami -Dade My Home Page 1 of 2 My Home Show Me: Property Information Search By: Select Item Q Text only Property Appraiser Tax Estimator Summary Details: Folio No.: 30-2220-032-0020 Property: 1075 NE 149 ST Mailing \MOVERS Address: INC 7186 NW 14 PL MIAMI FL 33147-7042 Property Information: Primary Zone: 3100 FOUR -FAMILY APARTMENTS CLUC: 0043 HEALTH CARE Beds/Baths: 4/4 Floors: 1 Living Units: 4 Adj Sq Footage: 3,121 Lot Size: 15,900 SO FT Year Built: 1960 Legal Description: 20 52 42 ETHEL WOOD PB 70-59 LOT 2 LOT SIZE 75.000 X 212 OR 16499-2887 0894 2 (3) COC 21942-4057 12 2003 4 Sale Information: Sale O/R: 16499-2887 Sale Date: 8/1994 Sale Amount: $310,000 Assessment Information: Year: 2007 2006 Land Value: $197,160 $135,945 Building Value: $121,035 $118,557 Market Value: $318,195 $254,502 Assessed Value: $318,195 $254,502 Total Exemptions: $0 $0 Taxable Value: $318,195 $254,502 Additional Information: lick here to see more information for this operty ommunity Development District ommunity Redevelopment Area Empowerment Zone nterprise Zone Land Use Urban Development Boundary oning ACTIVE TOOL: SELECT Digital Orthophotography - 2007 0 -�; We appreciate your feedback, please take a minute to complete our survey. My Home 1 Property Jnformation 1 Property. Taxes I My Neighborhood I Property Appraiser Home I Using Our Site I About I Phone Directory I Privacy I Disclaimer 113 ft If you experience technical difficulties with the Property Information application, please click here to let us know. E-mail your comments, questions and suggestions to Webmaster Web Site © 2002 Miami -Dade County. All rights reserved. N .....,.,....; rinran rtnru/mwi'tnri'S P rlrrlrl?Ylni1 act') 3/20/2008 Miami -Dade My Horne Page 1 of 2 My Home iam •ae.'o Show Me: Property Information Search By: Select Item El Text only Property Appraiser Tax Estimator Summary Details: Folio No.: 30.-222.0.132-0010 Property: 1095-97 NE 149 ST Mailing MOVERS INC Address: 7186 NW 14 PL MIAMI FL 33147-7042 Property Information: Primary Zone: 3100 FOUR -FAMILY APARTMENTS CLUC: 0043 HEALTH CARE Beds/Baths: 3/2 Floors: 1 Living Units: .2 Adj Sq Footage: 1,399 Lot Size: 9,120 SQ FT Year Built: 1950 20 52 42 ETHEL WOOD PB 70-59 LOT 1 LOT Legal SIZE 96.000 X 95 OR Description: 16499-2887 0894 2 (3) COC 21942-4057 12 2003 4 Sale Information: Sale O/R: 16499-2887 Sale Date: 8/1994 Sale Amount: 4$310,000 Assessment Information: Year: 2007 2006 Land Value: $119,016 ' $82,080 Building Value: $48,967 $48,004 Market Value: $167,983 j$130,084 Assessed Value: $167,983 1$130,084 Total Exemptions: $0 $0 Taxable Value: $167,983 $130,084 Additional Information: openly ommunity Development District ommunity Redevelopment Area Empowerment Zone Enterprise Zone Land Use Urban Development Boundary oning ACTIVE TOOL: SELECT Digital Orthophotography - 2007 �QI 0 We appreciate your feedback, please take a minute to complete our survey. 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All rights reserved, 1 3/20/2008 onv/mvhome/propmap.asp Miami -Dade My Home Page 1 of 2 My Home Show Me: Property Information Search By: Select Item 0 Text only Property Appraiser Tax Estimator Summary Details: Folio No.: 30-2220-032-0030 Property: 14950-5214E 11 AVE Mailing Address: MOVERS INC 7186 NW 14 PL MIAMI FL 33147-7042 Property Information: Primary Zone: 3100 FOUR -FAMILY APARTMENTS CLUC: 0043HEALTH CARE Beds/Baths: 4/4 Floors: 1 Living Units: e4 Adj Sq Footage:4,2,529 Lot Size: 11,030 SO FT Year Built: 1960 20 52 42 ETHEL WOOD PB 70-59 LOT 3 LOT Legal SIZE 116.110 X 95 OR Description: 16499-2887 0894 2 (3) COC 21942-4057 12 2003 4 Sale Information: Sate O/R: 16499-2887 Sale Date: 8/1994 Sale Amount: $310,000 Assessment Information: Year: • 2007 2006 Land Value: $143,942 $99.270 Building Value: $97,537 $95,530 Market Value: $241,479 $194,800 Assessed Value: $241,479 .$194,800 Total Exemptions: $0 $0 Taxable Value: $241,479 $194.800 Additional Information: lick here to see operty: ommunity Development District Community Redevelopment Area Empowerment Zone Enterprise Zone Land Use Urban Development Boundary oning mo e information for this ACTIVE TOOL: SELECT Digital Orthophotography - 2007 0 -''; We appreciate your feedback, please take a minute to complete our survey. My Borne Property Information 1 Property _Taxes . My Neighborhood 1 Property Appraiser Home I Using Our Site I About 1 Phone Directory I Privacy I Disclaimer 121 ft If you experience technical difficulties with the Property Information application, please click here to let us know. E-mail your comments, questions and suggestions to We.bma. stet Web Site © 2002 Miami -Dade County. All rights reserved. hnn-i/oisims2 miamidade.gov/myhome/p_ropmap.asp 3/20/2008 M.O.V.E.R.S. Minorities Overcoming the Virus through Education, Responsibility and Spirituality 6112 NW 7 Avenue Miami, Florida 33127 Phone: (305) 754-2268 x Fax: (305) 754-7}99 movers-inc.org Mr. George Mensah City of Miami Department of Community Development 444 SW 2nd Avenue, 2nd Floor Miami, Florida 33130 Re: Life Quest Properties I and II January 14, 2008 Mr. Mensah; Please be advised that the M.O.V.E.R.S., Inc. Board of Directors has decided to return the above referenced properties to the City of Miami. Furthermore, please advise us as to how we can facilitate this transfer in a timely manner. Thank you , in advance, for your cooperation and consideration in this matter, we look forward to hearing from you soon. Sincerely, Ms. Connie West, Executive Director Cc: MOVERS, Inc. Board of Directors Board G,? icers_ President. William Perry, Secretari•. Dewey Knight. ill. Treasurer. TBA Board Members: Dr. Kenneth Fisher, Rev. Willie Williams. Tyrone 1h'ashingtor. DISBURSEMENT AGREEMENT This Disbursement Agreement ("Agreement") is made as of this ..3 day of Atc.ct,11 , 2005 by and between Movers, Inc., a Florida not -for -profit corporation (hereinafter the "Project Sponsor"), and the City of Miami, a municipal corporation of the State of Florida (hereinafter the "City"). RECITAL WHEREAS, the Project Sponsor has acquired and is rehabilitating a project known as Movers, Inc. Supportive Housing Program (Life Quest Facility), which supplies rental housing units for Low Income Individuals living with AIDS (the "Project"); and WHEREAS, by Resolution No. 03-1244. adopted by the City Commission on December 8, 2003, Housing and Commercial Loan Committee approval of February 20, 2004, Resolution No. 04-0445, adopted by the City Commission on July 8, 2004, and Resolution No. 05-0238, adopted by the City Commission April 14, 2005, the Project Sponsor was allocated Three Hundred and Eighty Thousand Dollars (S380,000.00) of Housing Opportunities for Persons with Aids program funds (the "HOPWA Funds"), which the Project Sponsor is required to use for rehabilitation of the Project, and which funding commitment is more fully described in that certain Housing Opportunities for Persons with AIDS Program Grant Agreement, dated of even date herewith (the "HOPWA Agreement"); and WHEREAS, the Project Sponsor and the City desire to establish the mechanism whereby the Project Sponsor will apply to receive the HOPWA Funds. NOW, THEREFORE, for and in consideration of the Project Sponsor's rehabilitation of the Project and the reciprocal agreements set forth herein, the Project Sponsor and the City agree as follows: ARTICLE I DISBURSEMENT PROCEDURE 1.1 The HOPWA Agreement establishes the conditions to the City's obligation to disburse the HOPWA Funds to the Project Sponsor. Provided the City is obligated to disburse the HOPWA Funds pursuant to the HOPWA Agreement, the City will disburse such funds to the Project Sponsor and/or directly to vendors for the reimbursement of Project rehabilitation costs in accordance with the Project Budget approved by the City. Disbursement of the HOPWA Funds shall be permitted until thirty (30) days after the Completion Date. No disbursement of the HOPWA Funds shall be permitted if, within 90 days from the Effective Date, the City has not received the final title insurance policy required under the HOPWA Agreement. Simultaneously with the submission of its first draw request to the City, the Project Sponsor shall contact the City's Risk Management Department Safety Unit in writing to coordinate the safety inspection(s) described in Section 6.20 of the HOPWA Agreement. 1.2 The Project Sponsor shall submit draw requests for the HOME Funds, which draw requests will be submitted not more frequently than one (1) time per month. The Project Sponsor will submit or cause to be submitted the following documentation to the City: (a) A Request for Disbursement, in a form acceptable to the City, setting forth such details concerning construction of the Project as the City shall require, including: the amount paid to date to the General Contractor constructing the Project (the "Contractor") and pursuant to the contract for the construction of the Project between the Project Sponsor and the Contractor (the "Construction Contract"); the amounts, if any, paid directly by the Project Sponsor to subcontractors of the Contractor and materialmen; the amount then currently payable to the Contractor, broken down by trades; the amounts paid on account of the Contractor's construction fee; and the balance of the construction costs which will remain unpaid after the payment of the amount currently payable. Any Request for Disbursement must be submitted to the City by no later than the thirtieth (30th) day of each month. Each Request for Disbursement must be signed by the Project Sponsor, the Architect for the Project and the Contractor. Applications for receiving HOPWA Funds for reimbursement of hard costs will include a Memorandum of Advance and such architectural documents as the City may require. The City Inspector, as described in Section 1.3 hereof, shall be required to certify with each draw request: the amount of work on the Project that has been completed; the good and acceptable workmanship of the Contractor and its subcontractors; compliance with approved final plans and specifications of the Project; and such other matters as the City may require. Lien waivers shall be submitted to the title insurance company, the City Inspector, and the City for review and approval before each disbursement. If the City requires that the title insurance company monitor all lien waivers, the Project Sponsor shall also submit to the title insurance company all lien waivers in connection with each proposed draw. All costs associated with the title insurance company in monitoring lien waivers shall be paid by the Project Sponsor. (b) Each Request for Disbursement shall constitute a representation and certification by the Project Sponsor and the Contractor to the City that: (i) The materials have been physically incorporated into the Project, free of liens and security interests, and that the construction of the Project to date has been performed substantially in accordance with the drawings and specifications and in a first-class workmanlike manner; (ii) All governmental licenses and permits required by the Project as then completed have been obtained and are available for inspection by the City; - 2 - (iii) The Project as then completed does not violate any law, ordinance, rule, regulation, or order or decree of any court or governmental authority; and (iv) No Event of Default has occurred and is continuing and there is no continuing default under the Construction Contract. (v) The Project Sponsor, the Contractor and each subcontractor has complied with all Federal, state and local laws and regulations relating to labor standards and with HUD Handbook 1344.1. (c) Such other information and documents as the City may reasonably require. 1.3 The City Inspector will review the work that is incorporated into the Project and for which each Request for Disbursement of the HOPWA Funds is submitted. The City Inspector will review and approve the final plans and specifications for the Project and will review and approve the draw requests based on the percentage of work completed. The City Inspector's reviews, approvals, and conclusions shall be for the sole benefit of the City. All construction change orders must receive the prior written approval of the City Inspector. Change orders that have not received the prior written approval of the City Inspector shall not be approved for payment/ reimbursement by the City. 1.4 Within ten (10) working days of its receipt of a Request for Disbursement delivered pursuant to Section 1.2 hereof and without attempting to verify the completeness of same, the City will notify the City Inspector of the need to inspect the progress of construction work at the Project (the "Notification") and shall forward to the City Inspector the Request for Disbursement that has been delivered by the Project Sponsor. 1.5 The City Inspector shall complete its inspection and submit its report to the City within five (5) working days of receipt of the Notification. 1.6 If the City finds the materials submitted by the Project Sponsor and the report of inspection by the City Inspector to be satisfactory to the City and in accordance with the HOPWA Agreement, the City shall fund to the Project Sponsor the sum requested by the Project Sponsor or such lower sum as the City deems appropriate. 1.7 The City shall fund disbursements of the HOPWA Funds by no later than seven (7) working days after it has received both the Request For Disbursement, in the form required by Section 1.2 hereof, and the inspection report of the City Inspector, in the form required by Sections 1.2 and 1.3 hereof. 1.8 The City shall retain five percent (5%) of the HOPWA Funds allocated to the Project Sponsor (the "Allocation Retainage") untiI it has received confirmation of completion of the Scope of Work and, at the Project Sponsor's sole cost, a Final Cost Certification prepared by an independent certified public accountant, both in form and substance acceptable to the City. The City shall retain ten percent (10%) of each Request for Disbursement funded until the final Request for Disbursement is funded, at which time the aggregate of all such funds retained (the "Disbursement Retainage") will be funded as part of the final draw, provided, however, that to the extent that the AIlocation Retainage is greater than the Disbursement Retainage, the ten percent (10%) retainage for any individual Request for Disbursement shall be credited against the Allocation Retainage, and further provided, however, that the Disbursement Retainage will be funded as part of the final draw only to the extent that it exceeds the Allocation Retainage. 1.9 The City reserves the right to refuse to fund any disbursement request(s) in the event that the City determines that the Project and/or the Project Sponsor are not in compliance with any Iocal, state or federal law or requirement. 1.10 Disbursements for other than hard costs, if permitted pursuant to the HOPWA Agreement, shall be made in accordance with the City of Miami Department of Community Development Disbursement of Funds Checklist. ARTICLE 1I MISCELLANEOUS 2.1 This Agreement may only be amended in writing by all the parties hereto. 2.2 This Agreement, the HOPWA Agreement and the other documents executed by the parties in connection therewith constitute the entire agreement between the parties hereto and no other agreements or representations, unless incorporated in this Agreement, shall be binding upon any of the parties hereto. 2.3 All capitalized terms not defined herein shall have the meanings provided in the HOPWA Agreement. IN WITNESS WHEREOF, this Agreement has been executed by the Project Sponsor and the City on the date first above written. ATTEST: Y corporation: Print Name:'Y';? k _- Print Name: ad PROJECT SPONSOR: Movers, Inc., a Fl.ida not -for -profit By: /- Caroly► Mathis, Interim Director -Q- ATTEST: City of Miami, a municipal corporation of the Sta e of F1ori 7dF J By: 'Tsri'sci1la A. TI o son Joe A 1a, City anager City Clerk Date: Approved As to Form and Correc.-s: Jorge andez, City Attorney IT- Movers -Life Quest-09-27-04 This Instrument Prepared By and Return To: Ilene Temchin, Esq. City of Miami City Attorney's Office 444 S.W. 2r.D Avenue Miami, Florida 33130-1910 II' 'I IUIll 1111111111 I11BI1111111111 Ills Iltl C:FN 200-R1I y35241 OR Bk 23832 Pvs 1575 - 1590; (1 t, 9 s ) RECORDED 10; iO3/2oc 11:49 : ;0 11TG DOC TAX i r v3o,o ; HARVEY RUVINf CLERK. OF COURT `IAMI-DADE COUNTY? FLORIDA MORTGAGE AND SECURITY AGREEMENT (Move.rs, Inc.) The attached Mn" , "id Security Agreement is made as of August 3, 2005, by Wverc Inr o I-lnri r;o »nr-tnr_nrnrit onrnnrratio j (the "Mortgagor") in favor of the City of tie "Mortgagee"), and is given to secure the payment, oh-Fer r . nertorwance aria ulscnarge of any and all of the indebtedness, liabilities, covenants, pron,;sagreements, terms, conditions and other obligations of every nature whatsoever, whether direct or indirect, absolute or contingent, joint or several, liquidated or unliquidated, of the Mortgagor to the Mortgagee evidenced and secured by, under and as set forth in that certain Housing Opportunities for Persons with AIDS Program Grant Agreement dated as of August 3, 2005, in the amount of $380,000.00, and the other loan documents executed th. This Instrument Prepared By and Return To: Ilene Temchin, Esq. City of Miami City Attorney's Office 444 S.W. 2nd Avenue Miami, Florida 33130-1910 MORTGAGE AND SECURITY AGREEMENT THIS MORTGAGE AND SECURITY AGREEMENT (hereinafter referred to as the "Mortgage"), is executed and delivered the 3 day of , 2005 by Movers, Inc., a Florida not -for -profit corporation (hereinafter referred to as t e "Mortgagor"), whose mailing address is 6112 N.W. 7 Avenue, Miami, Florida 33127, to the City of Miami, a municipal corporation of the State of Florida, with offices at 444 S.W. 2nd Avenue, Miami, Florida 33130 (hereinafter called the "Mortgagee"). WITNESSETH THAT: FOR GOOD AND VALUABLE CONSIDERATION the receipt and sufficiency of which is hereby acknowledged, and to secure the payment, observance, performance and discharge of any and all of the indebtedness, liabilities, covenants, promises, agreements, terms, conditions and other obligations of every nature whatsoever, whether direct or indirect, absolute or contingent, joint or several, liquidated or unliquidated, of the Mortgagor to the Mortgagee (the "Grant"), evidenced by, secured by, under and as set forth in this Mortgage, the Housing Opportunities for Persons with AIDS Program Grant Agreement of even date herewith (the "Agreement"), and the other documents executed in connection therewith (hereinafter jointly referred to as the "Grant Documents"), the Mortgagor does grant, bargain sell, alien, remise, release, convey and confirm unto the Mortgagee, in fee simple, all of that certain tract of land which the Mortgagor is now seized and possessed and in actual possession, situate in Miami - Dade County, State of Florida, legally described as follows: SEE EXHIBIT "A" ATTACHED HERETO TOGETHER WITH all structures and improvements now and hereafter located thereon, the rents, issues and profits thereof, all furniture, furnishings, fixtures and equipment now located thereon, and also all gas and electric fixtures, heaters, air conditioning. equipment, machinery, motors, baths, tubs, sinks, water closets, faucets, pipes and other plumbing and heating fixtures, refrigerators, blinds, and other window treatments, which are now or may hereafter pertain to or be used with, in or on said premises, and which, even though they be detached or detachable, are and shall be deemed to be fixtures and accessions to the freehold and a part of the realty, and all /6/ additions thereto and replacements thereof, which real property, improvements and personalty shall hereinafter collectively be referred to as the "Mortgaged Property". TO HAVE AND TO HOLD the same, together with all tenements and hereditaments and appurtenances, unto the Mortgagee in fee simple, forever. The Mortgagor does covenant with the Mortgagee that Mortgagor is indefeasibly seized of the Mortgaged Property in fee simple; that the Mortgaeor has full power and lawful right to convey the Mortgaged Property in fee simple as aforesaid; that the Mortgaged Property is free from all encumbrances except as specified on Exhibit B hereto; that the Mortgagor will make such further assurances to perfect the fee simple title to the Mortgaged Property in the Mortgagee as may reasonably be required; and that the Mortgagor does hereby fully warrant the title to the Mortgaged Property, and will defend the same against the lawful claims of all persons whomsoever. PROVIDED ALWAYS, that if the Mortgagor shall perform and comply with and abide by each and every one of the stipulations, agreements, conditions and covenants of this Mortgage, the Agreement, and the other Grant Documents, then this Mortgage and the estate thereby created shall cease and be null and void. AND THE MORTGAGOR HEREBY COVENANTS AND AGREES AS FOLLOWS: 1. PERFORMANCE OF AGREEMENT AND MORTGAGE. The Mortgagor shall pay or otherwise fully perform its obligations with respect to the payment of all sums of money payable by virtue of the Agreement and this Mortgage, or either, promptly on the days when the same severally become due and payable, and shall perform, comply with and abide by each and every of the stipulations, agreements, conditions and covenants set forth in the Agreement, this Mortgage and the Grant Documents. 2. TAXES AND OTHER CHARGES. The Mortgagor shall pay when due and payable and before any interest, charge or penalty is due thereon, without any deduction, defalcation or abatement, all taxes, assessments, levies, liabilities, obligations, encumbrances, water and sewer rents and all other charges or claims of every nature and kind which may be imposed, suffered, placed, assessed, levied, or filed at any time against this Mortgage, the Mortgaged Property or any part thereof or against the interest of the Mortgagee therein, or which by any present or future law may have priority aver the indebtedness secured hereby either in lien or in distribution out of the proceeds of any judicial sale, without regard to any law heretofore or hereafter to be enacted imposing payment of the whole or of any part upon the Mortgagee; and insofar as any such tax, assessment, levy. liability, obligation or encumbrance is of record, the same shall be promptly satisfied and discharged of record and the original official document (such as, for instance, the tax receipt or the satisfaction paper officially endorsed or certified) shall be placed in the hands of the Mortgagee no later than such dates; provided, however, that if, pursuant to this Mortgage or otherwise, the Mortgagor shall have deposited with the Mortgagee before the due date thereof sums sufficient to pay any such taxes, assessments, levies, water and sewer rents, charges or claims, and the Mortgagor is not otherwise in default, they shall be paid by the Mortgagee; and provided further, that if the Mortgagor in good faith and by appropriate legal action shall contest the validity of any such items or the amount thereof, and shall have established on its books or with the Mortgagee, as the Mortgagee may elect, a reserve for the payment thereof in such amount as the Mortgagee may require, then the Mortgagor shall not be required to pay the item or to produce the required receipts: (a) while the reserve is maintained; and (b) so long as the contest operates to prevent collection, is maintained and prosecuted with diligence, and shall not have been terminated or discontinued adversely to the Mortgagor. The Mortgagor shall furnish the Mortgagee with annual receipted tax bills evidencing payment within ninety (90) days from their due date. 3. INSTALLMENTS FOR INSURANCE, TAXES AND OTHER CHARGES. Without Limiting the effect of Paragraphs 2 or 5 hereof, the Mortgagee may require the Mortgagor to pay to the Mortgagee, monthly with the monthly installments of principal and interest, an amount equal to one -twelfth (l/l2) of the annual premiums for the insurance policies referred to hereinabove and the annual real estate taxes, water and sewer rents, any special assessments, charges or claims and any other item which at any time may be or become a lien upon the Mortgaged Property prior to the lien of this Mortgage; and on demand from time to time the Mortgagor shall pay to the Mortgagee any additional sums necessary to pay the premiums and other items, all as estimated by the Mortgagee. The amounts so paid shall be used in payment thereof if the Mortgagor is not otherwise in default hereunder. No amount so paid shall be deemed to be trust funds but may be commingled with general funds of the Mortgagee, and no interest shall be payable thereon. If, pursuant to any provision of this Mortgage, the whole amount of the unpaid principal debt becomes due and payable, the Mortgagee shall have the right, at its election, to apply any amount so held against the entire indebtedness secured hereby. At the Mortgagee's option, the Mortgagee from time to time may waive, and after any such waiver may reinstate, the provisions of this Paragraph requiring monthly payments. 4. ATTORNEYS' FEES AND COSTS. The Mortgagee shall recover from the Mortgagor, and this Mortgage shall secure payment of, all and singular the costs, charges and expenses, including but not limited to, reasonable trial, appellate, and bankruptcy attorneys' fees, because of the failure on the part of the Mortgagor to perform, comply with, and abide by. each and every of the stipulations, agreements, conditions and covenants of the Agreement and this Mortgage, or either, or any of the other Grant Documents, whether or not suit is brought, and every such payment made by the Mortgagee shall bear interest from the date thereof at the maximum rate permitted by law. 5. INSURANCE. The Mortgagor shall keep the buildings and improvements now or hereafter erected on the Mortgaged Property continuously insured under a policy or policies providing coverage on an "a11 risk" basis, in a sum not less than full insurable value, including flood insurance if requested by the Mortgagee, in a company or companies acceptable to the Mortgagee. The policy or policies of insurance shall be held by and be payable to the Mortgagee. In the event any sum of money becomes payable under such policy or policies, the Mortgagee shall have the option to receive and apply the same on account of the indebtedness secured by this Mortgage or to permit the Mortgagor to receive and use it, or any part thereof, for other purposes, without thereby waiving or impairing any equity lien or right under or by virtue of this Mortgage. In the event the Mortgagor fails to procure and maintain the insurance coverage required hereby, the Mortgagee may procure and pay for such insurance or any part thereof, without waiving or affecting its option to foreclose this Mortgage, or any right thereunder. Each and every such payment made by the Mortgagee shall be secured by this Mortgage; shall be due and payable on demand; and, shall bear interest from the date each such payment is made at the maximum rate permitted by law. 6. CARE OF THE MORTGAGED PROPERTY. The Mortgagor shall exercise reasonable care in the maintenance of the Mortgaged Property, and shall not permit, commit or suffer any waste, impairment or deterioration of the Mortgaged Property or any part thereof. In the event the Mortgagor fails to keep the Mortgaged Property in good repair, the Mortgagee may make such repairs as it may deem necessary in its sole discretion for the proper preservation thereof, and the full amount of each such payment shall be due and payable with interest at the maximum rate permitted by law on demand, and shall be secured by the lien of this Mortgage. 7. EXISTING/OTHER MORTGAGES AND OBLIGATIONS. Any default in the payment or terms and conditions of any existing or other mortgage(s) beyond any applicable cure period, or any modification and/or acceptance of future advances from any existing or other mortgage(s) shall constitute a default hereunder and the Mortgagee, at its option, may declare all sums due and payable and accelerate the entire indebtedness. The Mortgagee may, at its option, and without waiving its right to accelerate the indebtedness hereby secured and to foreclose the same, pay either before or after delinquency any or all of those certain obligations required by the terms hereof to be paid by the Mortgagor for the protection of the Mortgage security or for the collection of the indebtedness hereby secured. All sums so advanced or paid by Mortgagee shall be charged into the mortgage account, and every payment so made shall bear interest from the date thereof at the delinquent rate specified in the Agreement, and become an integral part thereof, subject in all respects to the terms, conditions and covenants of the aforesaid Agreement and this Mortgage, as fully and to the same extent as though a part of the original indebtedness evidenced by said Agreement and secured by this Mortgage, excepting however, that said sums shall be repaid to the Mortgagee within fifteen (l 5) days after demand by the Mortgagee to the Mortgagor for said payment. 8. INSPECTION. The Mortgagee, and any persons authorized by the Mortgagee, shall have the right at any time, upon reasonable notice to the Mortgagor, to enter the Mortgaged Property at a reasonable hour to inspect and photograph its condition and state of repair. 9. ACCELERATION OF MATURITY. That (a) in the event of any breach of this Mortgage or default on the part of the Mortgagor which continues beyond any applicable cure period as set forth in the Agreement, or; (b) in the event any of said sums of money herein referred to be not promptly and fully paid within 15 days next after the same severally become due and payable, without demand or notice; or (c) in the event each and every stipulation, agreement, condition and covenant of the Agreement, this Mortgage, or any of the Grant Documents, is not duly, promptly and fully performed, discharged, executed, effected, completed, complied with and abided by prior to the expiration of any applicable cure period as set forth in the Agreement, or; (d) in the event the Mortgagor shall fail, within five (5) days written notice by the Mortgagee to execute a Mortgagor's certificate in favor of any assignee or prospective assignee of the Mortgagee's interest hereunder which certificate shall contain such acknowledgments, affirmations, and covenants as may be reasonably required to enable the Mortgagee to assign their interest hereunder, or (e) upon the rendering by any court of last resort of a decision that an undertaking by the Mortgagor as herein provided to pay taxes, assessments, levies liabilities, obligations and encumbrances is legally inoperative or cannot be enforced, or in the event of the passage of any law changing in any way or respect the laws now in force for the taxation of mortgages or debts secured thereby, or the manner of collection of any such taxes, so as to affect this Mortgage or the debt secured hereby; or (f) in the event there exists an event of default under and pursuant to the terms of any other obligation of any kind or nature whatsoever of the Mortgagor to the Mortgagee, direct or contingent, whether now existing or hereafter due, existing, created or arising, then in either or any such event, all sums of money payable by virtue of the Agreement and this Mortgage shall become due and payable forthwith, or thereafter, at the option of the Mortgagee, as fully and completely as if all of the sums of money were originally stipulated to be paid on such day, anything in the Agreement and/or in this Mortgage to the contrary notwithstanding; and thereupon or thereafter, at the option of the Mortgagee, without notice or demand, suit at law or in equity, therefore, or thereafter begun, may be prosecuted as if all money secured hereby had matured prior to its institution. 10. NO ADDITIONAL FINANCING. The Mortgagor hereby covenants and agrees that the Mortgagor shall not procure any other financing in connection with the Mortgaged Property without the prior written consent of the Mortgagee. 11. DEFENSE OF MORTGAGED PROPERTY AND MORTGAGE. if any action or proceeding shall be commenced by any person other than the Mortgagee, and the Mortgagee is made a party, or in which it shall become necessary for the Mortgagee to defend or take action to uphold or defend the lien of this Mortgage, all sums paid or incurred by the Mortgagee for the expense of any litigation, including court costs and attorneys' fees incurred in any trial, appellate, and bankruptcy proceedings, to prosecute or defend the rights and liens created by this Mortgage shall be paid by the Mortgagor, together with interest thereon at the maximum rate permitted by law from the date thereof, and any such sum and interest thereon shall be a claim upon the Mortgaged Property, attaching or accruing subsequent to the lien of this Mortgage, and shall be secured by the lien of this Mortgage. 12. CONDEMNATION. In the event the Mortgaged Property or any part thereof shall be condemned under the power of eminent domain, the Mortgagee shall have the right to demand that all damages awarded for such taking be paid to the Mortgagee and shall be entitled to receive same, up to the aggregate amount then remaining unpaid on the Agreement and this Mortgage, and any such sums shall be applied to the payments last payable thereof. 13. SUBROGATION. To the extent of the indebtedness of the Mortgagor to the Mortgagee as do r='.- a the Agreement, the Mortgagee shall be subrogated to the lien and the right nr - -'- nrl even/ mortgage, lien or other encumbrance on the Ivi s ‘vho1e or in part, out of the proceeds of the Grant. The resr ---!gages, liens or other encumbrances shall be and are hereby security for the Grant, as if they had been regularly assigned, transferred, and delivered unto the Mortgagee, notwithstanding the fact that the same may be set aside and canceled of record. It is the intention of the parties hereto that the prior mortgages, liens or other encumbrances will be satisfied and canceled of record by the holders thereof at or about the time of the recording of this Mortgage. 14. APPOINTMENT OF RECEIVER. At any time while a suit is pending to foreclose or to reform this Mortgage or to enforce any claims arising hereunder, the Mortgagee may apply to a court of appropriate jurisdiction for the appointment of a Receiver, and such court shall forthwith appoint a Receiver of the Mortgaged Property, including all and singular the income, profits, rents, issues and revenues from whatever source derived. The Receiver shall have all the broad and effective functions and powers in anywise entrusted by a court to a Receiver, and such appointment shall be made by such court as an admitted equity and as a matter of absolute right to the Mortgagee without reference to the adequacy or inadequacy of the value of the Mortgaged Property, or to the solvency or insolvency of the Mortgagor or the Defendants. All income, profits, rents, issues and revenues collected by the Receiver shall be applied by such Receiver according to the lien of this Mortgage, and the practice of such court. 15. NO TRANSFER OF MORTGAGED PROPERTY. It is expressly agreed that should the Mortgagor convey title to the Mortgaged Property or any legal or equitable interest therein, to any person, firm or corporation or shall permit or create any further encumbrances upon the Mortgaged Property without the prior written approval of the Mortgagee to such conveyance or encumbrance, all sums outstanding under the Agreement and secured by this Mortgage shall become immediately due and payable, at the option of the Mortgagee. 16. LEASES AFFECTING MORTGAGED PROPERTY. The Mortgagor shall comply with and observe its obligations as landlord under all leases affecting the Mortgaged Property or any part thereof. Upon request, the Mortgagor shall furnish promptly to the Mortgagee executed copies of all such leases now existing or hereafter created. The Mortgagor shall not accept payment of rent more than one (1) month in advance without the prior written consent of the Mortgagee. Nothing contained in this Section or elsewhere in this Mortgage shall be construed to make the Mortgagee a mortgagee in possession unless and until the Mortgagee actually takes possession of the Mortgaged Property either in person or through an agent or receiver. To the extent not provided by applicable law, each lease of the Mortgaged Property, shall provide that, in the event of the enforcement by the Mortgagee of the remedies provided for by law or by this Mortgage, the lessee thereunder will, if requested by the Mortgagee or by any person succeeding to the interest of the Mortgagee as the result of said enforcement, automatically become the lessee of any such successor in interest, without any change in the terms or other provisions of the respective lease; provided, however, that said successor in interest shall not be bound by (i) any payment of rent or additional rent for more than one (1) month in advance, except prepayments in the nature of security for the performance by said lessee of its obligations under said lease not in excess of an amount equal to one (1) month's rental, or (ii) any amendment or modification in the lease made without the consent of the Mortgagee or any successor in interest. Each lease shall also provide that, upon request by said successor in interest, the lessee shall execute and deliver an instrument or instruments confirming its attornment. 17. ASSIGNMENT OF RENTS, ISSUES AND PROFITS. The Mortgagor does hereby bargain, sell, transfer, assign, convey, set over and deliver unto the Mortgagee, as security for the payment and performance of all the terms and conditions of the Agreement and this Mortgage, and any and all amendments, extensions and renewals thereof, all Leases affecting the Mortgaged Property or any part thereof now existing or which may be executed at any time in the future during the life of this Mortgage, and all amendments, extensions and renewals of said leases and any of them, and all rents and other income which may now or hereafter be or become due or owing under the Leases, and any of them, on account of the use of the Mortgaged Property, it being intended hereby to establish a complete transfer of the leases hereby assigned and all the rents and other income arising thereunder and on account of the use of the Mortgaged Property unto the Mortgagee, with the right, but without the obligation, to collect all of said rents and other income which may become due during the life of the Agreement and this Mortgage. The Mortgagor agrees to deposit with the Mortgagee upon demand such Ieases as may from time to time be designated by the Mortgagee. Although it is the intention of the parties that this shall be a present assignment, it is expressly understood and agreed, anything herein contained to the contrary notwithstanding, that the Mortgagee shall not exercise any of the rights or powers herein conferred upon it until a default shall occur under the terms and provisions of the Agreement and/or this Mortgage (and continue beyond any applicable cure period as set forth in the Agreement), but with regard to any such default the Mortgagee shall be entitled, upon notice to the tenants, to all rents and other amounts then due under the leases and thereafter accruing, and this Mortgage shall constitute a direction to and full authority to the tenants, lessees or other occupants of the premises (hereinafter collectively referred to as the "Tenants") to pay all said amounts to the Mortgagee without proof of the default relied upon. The Tenants are hereby irrevocably authorized to rely upon and comply with any notice or demand by the Mortgagee for the payment to the Mortgagee of any rental or other sums which may be or thereafter become due under the leases, or for the performance of any of the Tenants undertakings under the leases and shall have no right or duty to inquire as to whether any default under this Mortgage has actually occurred or is then existing. 18. MORTGAGE CONSTITUTES SECURITY AGREEMENT. This Mortgage also constitutes a security agreement as defined under the Uniform Commercial Code. The Mortgagor hereby fir: nts to the Mortgagee a security interest in and to all furniture, furnishings, equipment. mac„ jnerv. anu »ersonal property of every nature whatsoever now owned or the Mortgaged Property together with all proceeds tneretrom and as f'rrhr— oeccr,hP1 ;n an exhibit to the Security Agreement of even date herewith, if any. The Mortgagor snail execute any and all documents as the Mortgagee may request, including, without limitation, financing statements pursuant to the Uniform Commercial Code as adopted by the State of Florida, to preserve and maintain the priority of the lien created hereby on property which may be deemed personal property or fixtures. The Mortgagor hereby authorizes and empowers the Mortgagee to execute and file on behalf of the Mortgagor all financing statements and refilling and continuations thereof as the Mortgagee deems necessary or advisable to create, preserve or protect said lien. The Mortgagor and Mortgagee expressly agree that the filing of a financing statement shall never be construed as in anywise derogating from or impairing the express declaration and intention of the parties hereto that all such personality located on or utilized in connection with the real property encumbered by this Mortgage shall at all times and for all purposes, in all proceedings both legal and equitable, be deemed a part of the real property encumbered by this Mortgage. 19. CARE OF PROPERTY. (a) The Mortgagor shall preserve and maintain the Mortgaged Property in good condition and repair. The Mortgagor shall not remove, demolish, alter or change the use of any building, structure or other improvement presently or hereafter on the Land constituting any part of the Mortgaged Property without the prior written consent of the Mortgagee. The Mortgagor shall not permit, commit or suffer any waste, impairment or deterioration of the Mortgaged Property or of any part thereof, and will not take any action which will increase the risk of fire or other hazard to the Mortgaged Property or to any part thereof. (b) Except as otherwise provided in this Mortgage or the Agreement, no fixture, personal S property or other part of the Mortgaged Property shall be removed, demolished or altered, without the prior written consent of the Mortgagee. The Mortgagor may sell or otherwise dispose of, free from the lien of this Mortgage, furniture, furnishings, equipment, tools, appliances, machinery, fixtures or appurtenances, subject to the lien hereof, which may become worn out, undesirable or obsolete, only if they are replaced immediately with similar items of at least equal value which shall, without further action, become subject to the lien of this Mortgage. 20. MORTGAGE SECURES INDEBTEDNESS. It is expressly agreed and understood that this Mortgage secures the indebtedness and the obligation of the Mortgagor to the Mortgagee arising pursuant to the Agreement, and all renewals, extensions and modifications thereof. This Mortgage shall not be deemed released, discharged or satisfied until the entire indebtedness evidenced by the Agreement is paid in full or released in writing by the Mortgagee. 2l. MORTGAGEE'S REMEDIES CUMULATIVE. The Mortgagor agrees that all rights of the Morfoaoee hereunder shall be separate, distinct, and cumulative, and that none shall b ; :: no act of the Mortgagee shall be construed as an election to proceed under ?r:,r rn i ion of covenant herein to the exclusion of any other, notwithstanding anything herein to the contrary. 22. FUTURE ADVANCES. Pursuant to the laws of the State of Florida, this Mortgage shall secure not only the existing indebtedness evidenced by the Agreement, but also such future advances as may be made by the Mortgagee to the Mortgagor in accordance with the Agreement, this Mortgage, or any other Grant Document executed in connection herewith, whether or not such advances are obligatory or are to be made at the option of the Mortgagee, or otherwise, and as are made within twenty (20) years from the date hereof, to the same extent as if such future advances were made on the date of the execution of this Mortgage. The total amount of indebtedness that may be so secured may decrease or increase from time to time, but the total unpaid balance so secured at one time shall not exceed two times the amount of the indebtedness set forth in the Agreement, plus interest thereon, and any disbursements made for the payment of taxes, levies or insurance on the Mortgaged Property with interest on such disbursements. 23. INDEMNIFICATION. The Mortgagor hereby protects, indemnifies and saves harmless the Mortgagee, its officers, directors, agents and employees, from and against any and all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including without limitation, reasonable attorneys' fees and expenses) imposed upon, incurred by or asserted against the Mortgagee or any of such persons by reason of (a) ownership of any interest in the Mortgaged Property or any part thereof, (b) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Mortgaged Property or any part thereof or the adjoining sidewalks, curbs, vaults and vault space, if any, streets or ways, (c) any use, disuse or condition of the Mortgaged Property or any part thereof, or the adjoining sidewalks, curbs, vaults and vault space, if any, or any streets or ways, (d) any failure on the part 9 of the Mortgagor to perform or comply with any of the terms hereof or of any of the Grant Documents executed in connection herewith, or any inaccuracy in any representation or warranty made by the Mortgagor herein or in any of the Grant Documents executed in connection herewith, (e) any necessity to defend any of the right, title or interest conveyed by this Mortgage, (f) the perfomiance of any labor or services or the furnishing of any materials or other property in respect of the Mortgaged Property or any part thereof, (g) any subsidence or erosion of any part of the surface of the Mortgaged Property, including any shoreline or any bank of any river, stream, creek, lake, ocean or other water source, or (h) the location or existence of asbestos or any toxic or hazardous waste, chemicals, materials or substance on, at, in or under the Mortgaged Property or any part thereof. If any action, suit or proceeding is brought against the Mortgagee, or any of its officers, directors, agents or employees, for any such reason, the Mortgagor, upon the request of such party, will, at the Mortgagor's expense, cause such action, suit or proceeding to be resisted and defended by counsel satisfactory to the Mortgagee or such person. Any amounts payable to an indemnified party under this Section which are not paid within ten (10) days after written demand therefor shall bear interest at the default rate of interest provided in the Agreement from the date of such demand, and such amounts, together with such interest, shall be indebtedness secured by this Mortgage. The obligations of the Mortgagor under this Section shall survive any defeasance of the Mortgage. 24. HAZARDOUS MATERIALS. The Mortgagor agrees that it will not use, generate, store or dispose of Hazardous Materials on the Mortgaged Property. For purposes hereof, "hazardous materials" include (but are not limited to) materials defined as "hazardous waste" under the Federal Resource Conservation and Recovery Act and similar state laws, or as "hazardous substances" under the Federal Comprehensive Environmental Response, Compensation and Liability Act and similar state laws. Hazardous materials include (but are not limited to) solid, semi -solid, liquid or gaseous substances which are toxic, ignitable, corrosive, carcinogenic or otherwise dangerous to human, plant or animal health and well being. Examples of hazardous waste include paints, solvents, chemicals, petroleum products, batteries, transformers, and other discarded man-made materials with hazardous characteristics. The Mortgagee shall have all remedies at law and equity for failure of the Mortgagor to carry out the foregoing obligation, including but not limited to specific performance, damages, reasonable attorneys' fees and court costs. This provision shall survive payment of the indebtedness secured hereby and termination of this Mortgage. 25. REPRESENTATIONS AND WARRANTIES. In order to induce the Mortgagee to make the Grant, the Mortgagor represents and warrants that: (a) there are no actions, suits or proceedings pending or threatened against or affecting the Mortgagor or any portion of the Mortgaged Property, or involving the validity or enforceability of this Mortgage or the priority of its lien, before any court of law or equity or any tribunal, administrative board or governmental authority, and the Mortgagor is not in default under any other indebtedness or with respect to any order, writ, injunction, decree, judgment or demand of any court or any 10 governmental authority; (b) the execution and delivery of this Mortgage and all other Grant Documents do not and shall not (i) violate any provisions of any law, rule, regulation, order, writ, judgment, injunction, decree, determination or award applicable to the Mortgagor or any other person executing this Mortgage or other Grant Documents, nor (ii) result in a breach of, or constitute a default under, any indenture, bond, mortgage, lease, instrument, credit agreement, undertaking, contract or other agreement to which the Mortgagor or such other person is a party or by which either or both of them or their respective properties may be bound or affected; (c) this Mortgage and all other Grant Documents constitute valid and binding obligations of the Mortgagor and any other person executing the same, enforceable against the Mortgagor and such other person(s) in accordance with their respective terms; (d) there is no fact that the Mortgagor and any guarantor(s) of the Grant have not disclosed to the Mortgagee in writing that could materially adversely affect their respective properties, business or financial conditions or the Mortgage Property or any other collateral for the Grant; (e) the Mortgagor and any guarantor(s) of the Grant have duly obtained all permits, licenses, approvals and consents from, and made all filings with, any governmental authority (and the same have not lapsed nor been rescinded or revs' :nistrative permits and approvals for which application can not yet be made, which are necessary in connection with the execution and delivery of this Mortgage and any other Grant Document, the making of th.e Grant, the performance of their respective obligations under any Grant Document, or the enforcement of any Grant Document; and that all such representations and warranties shall survive the closing of the Grant and any bankruptcy proceedings. 26. SEVERABILITY OF INVALID PROVISIONS. In the event any provision of the Agreement or this Mortgage should be held unconstitutional, illegal or unenforceable for any reason, such provision shall not affect, alter, or otherwise impair any other provision of the Agreement or this Mortgage. 27. NO WAIVER. It is expressly agreed and understood that a waiver by the Mortgagee of any right or rights conferred to it hereunder with regard to any one transaction or occurrence shall not be deemed a waiver of such right or rights to any subsequent transaction or occurrence. It is further agreed that any forbearance or delay by the Mortgagee in the enforcement of any right or remedy hereunder shall not constitute or be deemed a waiver of such right or remedy. 28. GOVERNING LAW. This Mortgage shall be construed and enforced pursuant to the Iaws of the State of Florida. excluding all principles of choice of laws, conflict of laws and comity. 29. HEADINGS. The headings of the articles, sections, paragraphs and subdivisions of this Mortgage are for convenience and ease of reference only, and are not to be considered a part hereof, and shall not limit or otherwise affect any of the terms or provisions hereof. 11 30. GENDER AND NUMBER. In this Mortgage and the Agreement it secures, the singular shall include the plural and the masculine shall include the feminine and neuter. 31. PARTIES BOUND; NO ORAL MODIFICATIONS. Each and every of the terms, covenants and conditions contained herein shall be binding upon the parties hereto and their successors, heirs, assigns and devisee. This Mortgage is not subject to modification other than by a written document or instrument executed by the party or parties to be charged with such modification. 32. W:A i\- R OF TRIAL BY JURY. THE MORTGAGOR HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF, UNDER OR IN CONNECTION WITH, THIS MORTGAGE, OR ANY OF THE GRANT DOCUMENTq OR THE FINANCING CONTEMPLATED HEREBY, OR ANY COURSE OF Lk, _ t DEALING. STATEMENTS (WHETHER ORAL OR WRITTEN) OR THE ACTIONS OF ANY PARTY HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE MORTGAGEE EXTENDING THE GRANT SECURED BY THIS MORTGAGE. IN WITNESS WHEREOF, the Mortgagor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in our presence: i' Print name:` ::'--1Pai?" V&7. ", .44 „� Print name: Le" IT -Movers Life Quest Mortgage 09 -04 Movers, Inc., a Florida not -for -profit corporation, By: !' Carolyn, 1 i this, Interim Director Date://� �� ACKNOWLEDGMENTS STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Beibre me, the undersigned;, authority, personally op eared, ,-c-iu ti, 1`,� , r,;`= , as, -J.r-Tc',�rl: 1`` ,1!'(,<<%)� of ty r ,.e�'', , u''t_ . , to m4 11 known to be ie person described in and who executed the foregoing instrument and who acknowledged to 4nd\before me that he/she executed said instrument under oath, and for the purposes therein expressed. '1 Witness my hand and official seal in the County and ,tttel last fur_ , , 2005. `' PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Did Take An Oath Did Not Take An Oath Personally Known �• r Type of I.D. Proiu. s,y My Commission Expires: is aforesaid this SIGAA 9F NOTARY PUBLIC ST C (OF FLORIDA es Cloy* Diaz *CommissionD 3 4169 a'd` Expires March 25 2008 ��' day of Exhibit "A" Lot 1, ETi- 'L WOOD Subdivision, according W the Plat thereof, recorded in Plat Book 70, Page 59, Public Records of Miami -Dade Count-, Fonda, and 1,nr 2, ETHEL WOOD Subdkvision. according to the Plat tercet-, recorded to Plat Book 70, Page 59, Public necorda of Miami -Dads Coictty, rionda and Lot 3, ETHEL WOOD Subdivision, according to the Plat Jtereof, recorded ir, Plat book 70, Page 59, Public Records o/Miami-Dade County, Florida at;d Lot 8, Block 1 of JAFIE SUBDJVJSJON arcord;ng to the P';a+ Thereof as reco do in Plat Book 52, of Page 95 of the Pulfdr Records of Miami-Oade County, Florida and Lots 9, Block 1 of.AFF'E SUBDIV1510N acccrciig o tt,e Piet thererfas, .ece de in Plat Book 52, at Page 95 of the Public Rccorcls of Miami -Dade Coun;y-, Fonda OP '1"= k 2 832 PG 1590 ._A " PAGE EXHIBIT B Permitted Encumbrances on the Mortgaged Property All permitted encumbrances on the Property are described in Attorneys' Title Insurance Fund, Inc. Commitment for Title Insurance No. CF-7145785, effective May 16, 2005 at 11:00 P.M., issued by Ralph Ventura, P.A. 1 ' JIM 11111 11111 11111 1111111111 11111111 sS RECORDED lit;'+: ;` 005 1:49150 1-:14R.VEY RUVJl'; r CLERK OF COURT NIAMI-DADE COUNTY r FLORIDA This Instrument Prepared By and Return To: Lydia Beltran City of Miami Department of Community Development 444 S.W. 2ND Avenue Miami, Florida 33130-1910 RENT REGULATORY AGREEMENT THIS AGREEMENT is entered into this 3 day of adi-, 2005, by MOVERS, Inc., a Florida not -for -profit corporation (hereinafter referred to as Borrower") and the City of Miami (hereinafter referred to as the "City"). The execution of this Agreement by the Borrower is in connection with a grant of HOPWA Program funds made by the City to the Borrower, in the original principal amount of $380,000.00 (hereinafter referred to as the "Grant"), secured by a Mortgage and Security Agreement dated the date hereof, and also secured by certain other Grant Documents executed in connection therewith, for the rehabilitation of an eighteen (18) unit apartment project, known as the Life Quest facility, to provide permanent housing units for homeless persons and Low Income persons living with HIV/AIDS (hereinafter referred to as the "Project"), located at 1301 NE 111t Street, 11115 NE 13th Avenue, 1075 NW I49th Street, 1095-97 NE 149th Street, 14950- 52 NE 1 th Avenue, Florida, (hereinafter referred to as the "Property"). The Property is legally described on Exhibit A hereto. Borrower hereby agrees to the following terms, conditions and covenants for a period of fifteen (15) years from the completion of rehabilitation of the Property, as evidenced by the issuance of all required Project certificates of completion/certificates of occupancy, as appropriate: (1) Occupancy Requirements. The eighteen 1-IOPWA Assisted Units shall be made available to and occupied by tenants who qualify as eligible under the requirements of 24 CFR Part 574 (hereinafter referred to as the "Regulation"), including, but not limited to, the following: A person with acquired immunodeficiency syndrome who is a Low -Income Individual (as defined in the Regulation, a Low Income Individual is an individual whose annual income does not exceed 80% of area median income) and the person's Family (as defined in the Regulation, Family means a household composed of two or more related persons and also includes one or more eligible persons living with another person or persons who are determined to be important to their care or well being, and the surviving member or members of any family who were living in the unit with the person with AIDS at the time of his or her death). (2) Maximum Rent Levels. Gross monthly rent charged on HOPWA Assisted Units is subject to the maximum Fair Market Rent (hereinafter referred to as "FMR") published annually by the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD") for each locality. The FMR maximums for leases signed in Miami, Florida from June 2005 through 30 days following the 2006 HUD publication are as follows: Number of Number of Maximum Units Bedrooms Rent 6 0 682.00 9 I 775.00 3 2 929.00 The foregoing maximum rent includes tenant paid utilities. Maximum rent will be reduced for the amount paid directly to the utility provider by the tenant. Rents shall not be adjusted for changes in income or HUD published maximums until lease renewal. Notwitnstanonno ine 1f repoinp. the Fit )►-evW A Assisted Units shall be rented for no more j3) i :c ... ;.its shall be handled as Floating units. A Low Income Individual vacating a HOPWA Assisted Unit shall be replaced by placing a Low Income Individual into the next available unit based on the Miami -Dade Homeless Trust Referral Policies and Pr'' '-res. When the income of a tenant occupying a HOPWA Assisted Unit rises above ti_ . .,;, . :,ublished median income for the area with adjustments for family size, the Borrower :.hall rent the next available comparable unit to a Low Income Individual. (4) Income Re -certification. Tenant income shall be certified by the Borrower annually on the anniversary of each tenant's lease and maintained in the tenant file, subject to inspection by the City, in accordance with Paragraph 9 of this Agreement. (5) Nondiscrimination and Equal Opportunity. Borrower shall comply with the applicable provisions of the Americans with Disabilities Act (42 U.S.C. 12101-12213) relating to Fair Housing requirements. Borrower agrees to give first opportunity for occupancy of vacated units to persons from the waiting list maintained by the City of Miami. In the event that no eligible tenant from the City of Miami's waiting list is available to fill a vacancy following a 30-day notice to the City, the Borrower shall follow a procedure to ensure that all persons who qualify for the assistance, regardless of their race, color, religion, sex, age, national origin, familial status, or handicap, know of the availability of the HOPWA program, including facilities and services accessible to persons with a handicap, and maintain evidence of implementation of the procedure. (6) Fee Prohibitions. Borrower shall not charge any fee, except rent, of any eligible person for any housing or services provided with funding from a grant. (7) Confidentiality. Borrower shall ensure the confidentiality of the name of tenants and any individuals participating in services offered by the Borrower along with any other information regarding tenants and individuals participating in services offered by the Borrower, in accordance with applicable state and federal law/requirements. (8) Annual Reporting. Each year, on the anniversary of the issuance of the certificate(s) of completion/certificate(s) of occupancy for the Project, and at other times at the request of the City, the Borrower shall furnish occupancy reports in a form approved by the City, and shall provide the City with such other information as may be requested by the City relative to income, expenses, assets, liabilities, contracts, operations, and condition of the Project. (9) Inspections. The Borrower agrees to submit the Property to an annual re -inspection to insure continuing compliance with all applicable housing codes, federal and local housing quality standards and regulatory requirements. The Borrower will be famished a copy of the results of the inspection within 30 days of completion, and will be given 30 days thereafter to correct any deficiencies or violations. At any time other than an annual inspection, the City may, in its discretion, inspect the Property. The BOrrnwPr and the tenant will be provided with the results of the inspection and the time a,;:: : d corrective action that must be taken. (10) Record -keeping. The Property, including the equipment, buildings, plans, offices, apparatus, devices, books, contracts, records, documents, and other papers relating thereto shall at all times be maintained in reasonable condition for proper audit and shall be subject to examination and inspection at any reasonable time by the City of Miami. Borrower shall keep copies of all written contracts and other instruments, which affect the Property, all or any of which may be subject to inspection and examination by the City. Specifically, the foregoing includes maintenance of current and accurate data on the race and ethnicity of tenants, all records, calculations and information necessary to support tenant occupancy eligibility and monthly rental charges in addition to all leases and written notices to tenants with respect to the terms of this Agreement, as required by Paragraph 13 of this Agreement, for a period of no less than four years from the expiration of this Agreement. (11) Default. Upon the occurrence of a violation of any provision of this Agreement, the City may give written notice thereof to the Borrower, by registered or certified mail, addressed to the Borrower's address as stated in this Agreement, or to such other address(es) as may subsequently, upon appropriate written notice thereof to the City, be designated by the Borrower. In the case of a Borrower, which is a corporation or partnership, such notices may also be sent by the City to the address of the corporation's chief executive officer or to all general partners, as applicable, at the City's discretion. If such violation is not corrected to the City's satisfaction within thirty (30) days after the date such notice is mailed, or within such further time as the City reasonably determines is necessary to correct the violation, without further notice the City may declare a default under this Agreement and under the HOPWA Program Loan agreement and the Loan documents executed in connection therewith, and may proceed to initiate any or all remedies at law or in equity provided for in the event of a default under such agreements and Loan documents. All notices under this Agreement shall be in writing and addressed as follows: To City: To Borrower: City of Miami 444 SW 2nd Avenue, Suite 200 Miami, Florida 33130 Attention: Barbara Gomez -Rodriguez, Director MOVERS, Inc. 6112 North West 7th Avenue, Suite 200 Miami, Florida 33130 Attention: Carolyn Mathis, Interim Director (12) Fines. Upon the occurrence of a violation of any provision of the Agreement, and regardless of the nature of the violation, the City will assess a flat monthly fine in the amount of Fifty Dollars and no/cents ($50.00) per unit up to a maximum of Five Thousand Dollars and no/cents ($5,000.00) per month, for each month the violation is not corrected. The remedy for violation provided in this section of this Agreement is cumulative with any and all remedies at law or in equity provided in the event of a default under this Agreement, the HOPWA Program Loan agreement and!or the Loan documents executed in connection therewith. (13) Tenant Notice. Borrower agrees during the term of this Agreement to furnish each tenant, at the execution or renewal of any Iease or upon initial occupancy if there is no lease, with a written notice in the following form: The rent charged for your apartment and the services included in that rent are subject to a Rent Regulatory Agreement between the landlord and the City of Miami for a period of fifteen (15) years from completion of rehabilitation of this Property. A copy of that Agreement will be made available by the landlord to each tenant upon request. If there is no lease for a unit, Borrower shall maintain a file copy of such notice delivered to the tenant, with a signed acknowledgement of receipt by the tenant. All such notices to tenants will be made available for inspection upon request by the City. (14) The provisions of this Agreement are in addition to, and do not amend, alter, modify, or supersede in any respect, the provisions of the Mortgage and/or any of the other Loan documents executed in connection with the Loan. (15) The invalidity of any paragraph or provision of this Agreement shall not affect the validity of the remaining paragraphs and provisions hereof. 4 (16) This Agreement shall be effective fora period of fifteen (15) years from the completion of rehabilitation of the Property, which shall be evidenced by the issuance of all required Project certificates of completion/certificates of occupancy, as appropriate. This Agreement shall automatically terminate at the expiration of such fifteen (15) year period. (17) Capitalized terms used herein shall have the meanings provided in the Regulation and/or the Loan documents. THIS AGREEMENT has been executed and delivered as of the day and year first above written. WITNESSES: BORROWER: Lve Print Name: 1�,� ;::,- tom•- , Print N'me: crc c..wK�3� �.iav�C�w1v�—c: ATTEST: Priscilla A. Thompson, City Clerk MOVERS, Inc. a Florida not -for -profit corporation 1 By: Carol Mathis, Interim Director City of Miami, a of th .i ate of F B APPR • ED AS TO FORM AND CORR 'CTNESS: andez. City Attorney , l al cor . r_ • tion Arriola, City Manager ACKNOWLEDGMENTS STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Before me, the undersigned authority, - , ,r". n of T . and who executed the foregoing instrument and who acknowledged to instrument under oath, and for the purposes therein expressed. Witness my hand and official seal in the Count and State last aforesaid this day of ,ur U`- r , 2005. __�'tvU j�:i i )i 62- PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Did Take An Oath Did Not Take An Oath Personally Known -' Produced I.D. Type of I.D. Produced: -f My Commission Expires: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) personally appeared, `..41.0 tt, 1'f �� Y,� , as, to me well known to be tie person described in and before me that he/she executed said -. 'RE OF NOTARY PUBLIC OF FLORIDA aP� • . My Commission oosoatee ‘a Expires March 25. 200e Before me, the undersigned authority, personally appeared, .J0e n 1%OIl.. , as, ei4 4y fof Ci'Fj i?F IM1awu- , to me well known to be the person described in and who executed the foregoing instrument and who acknowledged to and before me that he/she executed said instrument under oath, and for the purposes therein expressed. Wimess my hand and official seal in the County and State last aforesaid this al day of M bP ✓ , 2005. PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Did Take An Oath pid Not Take An Oath ersonally Known Produced 1.D. Type of I.D. Produced: My Commission Expires: SI', NATURE OF NOT S ATE OF FLORIDA Ofelia E. Perez 'mot Commission #DD2213I9 �",;Expires: Jul 26, 2007 Bonded Thru Atiar ztc Bonding Co.: the. UBLIC 6 R e? K 23832 PG 1602 Exhibit "A" Lot I, ETHPL WOOD Subdivision, according to L c Plat theme(, recorded in Plat Book 70, Page 59, Public Records of Miami -Dade County, Florida. and ',or 2, ETHEL WOOD Subdivision. accordLng :c the Pia: tcrccf roccrdcd :n Plat ?gook 70, Page 59, Pcbl:c Records of Miami-Dadc Cotcuy, Flond2 and Lot 3, ETHEL WOOD Subdivision, according to the Plat thereof, recorded in Piat Book 70, Peg 59, Public Perotds of Miami -Dade County, Florida and Lot 8, Block '• of JAFFE SUBDIVISION according to the Plat thereof as recoJ-do in PLat Hock 52. at Page 95 of the P.;l•uc Records of Miami•DaJc Couny, Florida and Lots 9. Block I cfJAYFE SUBDIVISION according to the Plat thererfas ieco de in Piz: Book 52, at Page 95 of tie Public Record! of Miami -Dade County, Florida This Instrument Prepared By and Return To: Ilene Temchin, Esq. City of Miami City Attorney's Office 444 S.W. 2ND Avenue Miami, Florida 33130-1910 DECLARATION OF RESTRICTIVE COVENANTS 1 111111111111111111111111111111111111111 CF1.4 200 -!5R i_f 6,34 -rr_'ys72 DR 81: 23832 F s C 1551 - i 595 (CIP s RECORDED 10/03201:5 11:4 ':50 HARVEY RUVIN r CLERK OF COIW:'i M 1.AMI-DACDE COUNTY, FLORIDA This Declaration of Restrictive Covenants (the "Covenant") made as of the 3 day of , 2005 by Movers, Inc., a Florida not -for -profit corporation (hereinafter referred to as 'Project Sponsor"), is in favor of the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "City"). RECITALS WHEREAS, the Project Sponsor holds title to certain property located in the City of Miami, Florida, as legally described on Exhibit "A" (the "Property"); WHEREAS, the Project Sponsor has acquired and is rehabilitating a project known as the Movers, Inc. Supportive Housing Program (Life Quest Facility), which supplies rental housing units for Low Income Individuals living with AIDS (hereinafter referred to as the "Project"); and WHEREAS, by Resolution No. 03-1244, adopted by the City Commission on December 18, 2003, Housing and Commercial Loan Committee approval of February 20, 2004, Resolution No. 04-0445, adopted by the City Commission on July 8, 2004, and Resolution No. 05-0238, adopted by the City Commission April 14, 2005, the Project Sponsor was allocated Three Hundred and Eighty Thousand Dollars ($380,000.00) of Housing Opportunities for Persons with Aid program funds ("HOPWA Funds") to finance the rehabilitation of the Project; and WHEREAS, in accordance with the requirements set forth in that certain Housing Opportunities for Persons with AIDS Program Grant Agreement between the Project Sponsor and the City executed in connection herewith (the "Agreement"), the Project has to remain affordable for Low Income persons living with AIDS for a prescribed period of time; and WHEREAS, the Project Sponsor desires to make a binding commitment to assure that the Property shall be developed in accordance with the provisions of this Covenant and the Agreement. NOW THEREFORE, the Project Sponsor voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Project Sponsor, and its heirs, successors and assigns as follows: Section 1. The recitals and findings set forth in the preamble of this Covenant are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Use of Property: The Project shall be developed on the Property and all rental units shall remain affordable to Low Income persons living with AIDS for fifteen 05) years commencing on the date of issuance of all required certificates of occupancy/certificates of completion for the Project, as set forth in the Agreement. Section 3. Term of Covenant: This Covenant shall remain in full force and effect and shall be binding upon the Project Sponsor, its successors and assigns for a period of fifteen (15) years, commencing on the date of issuance of all required certificates of occupancy/certificates of completion for the Project, or such longer period of time as may be prescribed in the Agreement. Section 4. Except as provided in the Agreement, the Project Sponsor covenants and agrees not to encumber or convey its interest in the Property, or any portion hereof, without the City's prior written consent. For the purposes of this Covenant, any change in the ownership or control of the Project Sponsor shall be deemed a conveyance of an interest in the Property. Section 5. In the event that: (1) rehabilitation of the Project has not commenced, to the satisfaction of the City in its sole judgment, within three (3) months from Effective Date of the Agreement, or, (2) all certificates of occupancy or certificates of completion, as appropriate, required for the Project shall not have been issued within twelve (12) months from the Effective Date of the Agreement, upon demand by the City, the Project Sponsor shall transfer ownership of and clear title to the Property to the City by warranty deed(s). Section 6. The Project Sponsor covenants and agrees that in the event of the sale or conveyance of its interest in the Property, or any portion thereof, during the term of this Covenant, the Project Sponsor shall promptly pay to the City an amount equal to the full amount of the HOPWA Grant disbursed pursuant to the Agreement, together with interest thereon. Section 7. Inspection and Enforcement: It is understood and agreed that any official inspector of the City shall have the right any time during normal working hours to enter and investigate the use of the Property to determine whether the conditions of this Covenant are being complied with. Section 8. Amendment and Modification: This Covenant may be modified, amended, or released as to any portion of the Property by a written instrument executed on behalf of the City and by the Project Sponsor. Should this instrument be modified, amended or released, a written instrument in recordable form shall be recorded in the Public Records of Miami -Dade County, Florida, effectuating and acknowledging such modification, amendment, or release. Section 9. All capitalized terms not defined herein shall have the meanings provided in the Agreement. Section 10. Severability: Invalidation of one of the provisions of this Covenant by judgment of Court shall not affect any of the other provisions of the Covenant, which shall remain in full force and effect. Section 11. Recordation: This Covenant shall be filed of record among the Public Records of Miami -Dade County, Florida, at the sole cost and expense of the Project Sponsor. Section 12. This Covenant is a covenant running with the land and shall terminate upon the recordation of a Termination of Covenant executed by the City. 'sed this Declaration of Restrictive ..no the corporate seal to be affixed hereto as of PROJECT SPONSOR: AT ii:� .. Movers, Inc., a Florida not -for -profit corporation Print Name;W"' . — Print Name: IT -Movers -Life Quest•Covenant-O9-27-04; 06.28-05 �.,�, By: Caro�'yn Mathis, Interim Director Date: -1.2316 ACKNOWLEDGMENTS STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) THE FOREGOING INSTRUMENT was aicknowle:aged before pe on-. this ,._/. ,, day of At {CA V5T , 2005 by t ..r-,(of Movers Inc., on , ISehalf, of the corporation, who is personaily \known to me or who produced as identifiWioi and didJdid not take an oath. , 1-• I 41-e of Notary Public, State of Florida aP 4ris, Dayiet (Aga . • M y Commission D0304189 Expires March 25. 2008 44-i”ted Name of Notary Public -4- O r•k l38_32 PG 1595 4_.� EPAGE t G �- Exhibit "A" Lot ', FT}EL WOOD Si di lion, according t&i L;e Plat theacof, recorded in Fla: Book 70, Pa.ge 59, Public Record_, of Miami -Dade County, Florida. and ,nr 2. ETHE . WOOD Subdivision. according to the Prat :tercet, :worded :n Plat Book 70, Page 59, Public Records of Miarrt-Dade Cc a ty, Honda and Lo; : .' D SL:bdiv'slon, according tc the Plat tJ:ereof, recorded in Plat Book 70, Page 59, Public Reroids of Miami -Dade County, Florida and rue do in ?Lai Bock 52. at Page 95 and Lots 9, B!cck 1 cf.AFFE SUBDIVISION accorcin; lc the Plat therenfas'eco de in Pie, Book 52, at Pagc 95 of the Publ,< Record! of Miami -Cede Courts, Florida