HomeMy WebLinkAboutPre-Attachment 4EXHIBIT A
Scope of Services & Rehabilitation Schedule
Life Quest I & lI
MOVERS, Inc. has identified the following rehabilitation services needed to restore Life Quest I
& 11 in order to have the facilities in proper living conditions for its clients. The services to be
performed include, but are not limited to, landscaping, tree trimming, waste removal, refinishing
of existing handrails, removal and replacement of electric and sliding doors, installation of bi-
fold doors, drainage of septic tank, repairing of drain field, plumbing and repair of pluming
leaks, repair and replacement of damaged windows, repair of drywall and framing, flooring and
roof repair, electrical work such as installing lights, breakers, etc., installation of closet shelving,
kitchen cabinets and bathroom vanities, installation of hurricane shutters and aluminum security
fencing, upgrading handicap accessibilities as per required, and installation of security
surveillance system.
Rehabilitation Plan
The Life Quest properties are in need of significant repair. Due to the substance abuse and
mental health issues that surround the Life Quest properties it would be in our best interest to
complete this project in phases. The rehabilitation of the Life Quest properties will be done in
several phases. Some of those buildings can be rehabilitated and occupied sooner than others.
Our plan is to restore the properties to livable conditions fit for our tenants.
Phase I: Secure the facility
Phase I will consist of securing the perimeter of the property through installation of iron fencing.
Phase II: Immediate occupancy
Phase II will consist of repairing each unit individually that will allow for immediate occupancy
and reduction of further damage to the property. Most of the units are in need of the same
services which are listed below. We anticipate that it will take approximately 4 weeks to
complete each unit. The following is an anticipated time schedule to complete the work that
needs to be done on each building of the life quest project. .
Forecasted Rehabilitation Construction Time Line
I. Installation and fabrication of fencing 3 weeks
II. Unit repairs
• Roofing repairs 4 weeks
• Masonry work 3 days
• Drywall installation 2 days
• Electrical Wiring & fixture repairs 3 days
• Interior painting 2 days
• Repair & installation of plumbing fixtures 3 days
• Manufacturing of ADH cabinetry 2 weeks
• Installation of bi-fold closet doors 1 day
• Installation of Handicap Cabinets with sinks 2 weeks
• Installation of toilets & bathroom 'fixtures 2 days
• Flooring repair & restoration 3 days
• Window & Sliding glass door repairs 4 days
• Fabrication & Installation of storm shutters 3 weeks
• Debris removal 1 day
•_ Landscaping & Tree trimming 3 days
• Refinishing of existing handrails i day
• Septic tank drainage 1 day
• Drain field repairs I day
The maximum time to rehabilitate one building is 3 to 5 weeks per building. We anticipate that
it will take 3 to 4 months to complete the entire rehabilitation protect.
Exhibit "B"
Lot ! • ETI— L WOOD St:bdiv:sion, accerc?:cg w L'ic Plet thotecf, recorder' in PLat Book 70, Page 59, Public
Records of Miaw.i-Dade County, 7crrda.
and
.,nr 2. TTHE:. WOOD Subdivision. according to ':he Prat ±:crccf, rcccr-dcd ;n Pat Book 70, Page 59, Public
Records of Miarnt-Dadt Cotvtty, Honda
and
Lot ?, ETHEL WOOD Subc'ivs,on, eecordtsa to the Plat thereof, recorded n Plat Book 70, Page 59, Public
Reeot ds of Miami -Dade County, Fond
and
Lc.•
°
anC
r' • :: •F 11',''S1O' ar carding to the P:et thereof es r co: do ,^ Pat Boot 52. at Page 95
Fonda
Lots 9. FJock 1 cf!AFFE SUBDI\'1SION accordto the Plet theref•f es'ecc de :n Pia'. Book 52, at Peg. 95
of the Publc Rccords of `I zmi-Dade Cot env, Fiord!)
EXHIBIT C
City of MIAMI
Department of Community Development
lion Report: Construction and Rehabilitation Budget
SECTION I: GENERAL -
Name of Organization: M.O.V.E.R.S., INC. Project Name: HOPWA Housing
Address: 6112 NW 7th AVENUE Date: June 6, 2005
Telephone: (305) 693-8022 Resolution No:
Contact Person: C. Mathis Resolution No:
Agreement Amount: S250,000.00 Resolution No:
Construction Period: October 10, 2004 to September 10,2005 Request No:
SECTION II: Budget
Construction (site work)
Construction Contingency S%
Appliances & Repairs
Constrcution Supervisor
Mobilization
Subtotal Building Cost
Soft Cost
Permit Fees
Professional Fees:
Accounting Fees
Consulting Fees
Legal fees
Insurance:
Liability' Insurance
ONO Insurance
Title Insurance & Recording
Utilities
Security Services
Office Supplies
Payroll Expenses
Associated payroll Taxes
Property Taxes
Building maintenance & Repairs
Waste Removal & Plumbing
Construction .Accounting
soft cost contingency
City Retension
Subtotal
Total Operating Expenses:
250K Budget
131K Budget
Total
99,279.35
74,400.00
173,679.35
20,000.00
20,000.00
6,033.86
23,700.00
29,733.86
19,000.00
19,000.00
124,313.21
118,100.00
242,413.21
1,500.00
1,500.00
0.00
622.86
622.86
250.00
250.00
12,909.55
1,900.00
14,809.55
12,458.66
12,458.66
2,148.00
2,148.00
2,500.00
2,500.00
2,679.28
2,679.28
7,840.00
7,840.00
100.00
100.00
43,999.28
43,999.28
7,039.88
7,039.88
4,412.78
4,412.78
21, 884.90
_21, 884.90
1.641.60
1,641.60
700.00
700.00
3, 000.0C
3,000.00
10.000.00
10, 000.00
125,686.79
11,900.00
137,556.79
250,000.00 .
13C,000.00
4 10,O09:9O.
1 hereby certify that this expense repor, submaed by the uncerslorec corSUtUteS approved b.dget expenses during the period lisle( abCve.
DATE Ftr:ANCE D ECT OR .. S Alp TUG`
EXHIBIT D
DISBURSEMENT AGREEMENT
This Disbursement Agreement ("Agreement") is made as of this day of
, 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
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 (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 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;
(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 I.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") until 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 (1O%) 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 Allocation 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 local, 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.
2.1
ARTICLE 11
MISCELLANEOUS
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:
corporation
PROJECT SPONSOR:
Movers, Inc., a Florida not -for -profit
By:
Print Name: Carolyn Mathis, Interim Director
Print Name: Date:
City of Miami, a municipal corporation
ATTEST: of the State of Florida
By:
Priscilla A. Thompson Joe Arriola, City Manager
City Clerk
Date:
Approved As to Form and
Correctness:
Jorge L. Fernandez, City Attorney
IT- Nip. e rs-Life Quest-09-27-04
EXHIBIT E
FAIR HOUSING AND AFFIRMATIVE MARKETING POLICY
Policy Statement:
It is the policy of MOVERS, Inc. to operate in accordance with the principals of
Affirmatively Furthering Fair Housing and equal housing opportunity pursuant to its
obligation as a recipient of Federal funding from the U.S. Department of Housing and
Urban Development. ?MOVERS, Inc. shall not discriminate against any person on the
basis of race, color, national origin, religion, sex, handicap, familial or marital status, age
or sexual orientation in the implementation of its housing and housing -related programs
Including, but not limited to, marketing, advertising, outreach efforts and documentation
and record keeping.
This Instrument Prepared By
and Return To:
Ilene Temchin, Esq.
City of Miami
City Attomey's Office
444 S.W. 2NiD Avenue
Miami, Florida 33130-1910
DECLARATION
OF
RESTRICTIVE COVENANTS
EXHIBIT F
This Declaration of Restrictive Covenants (the "Covenant") made as of the 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
and Resolution No. 04-0445, adopted by the City Commission on July 8, 2004, the Project
Sponsor was allocated Two Hundred and Fifty Thousand Dollars (S250,000.00) of Housing
Opportunities for Persons with Aids 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 (15)
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.
in the Agreement.
All capitalized terms not defined herein shall have the meanings provided
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.
'roject Sponsor has caused this Declaration of Restrictive
Covenants to be executed by its duly authorized officers and the corporate seal to be affixed
hereto as of the day and year first above -written.
PROJECT SPONSOR:
ATTEST: Movers, Inc., a Florida not -for -profit corporation
Print Name:
Bv:
Print Name and Title:
• Print Name: Date:
1T-Moyers-Life Quest-Covenant-09 -04
ACKNOWLEDGMENTS
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
THE FOREGOING INSTRUMENT was acknowledged before me on this day of
, 2005 by , as of Movers Inc.,
on behalf of the corporation, who is personally known to me or who produced
as identification and did/did not take an oath.
Signature of Notary Public, State of Florida
Printed Name of Notary Public
My Corns,,, ,s,u,Y C,x111icS.
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
EXHIBIT G
THIS AGREEMENT is entered into this day of , 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
S250,000 (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 111th
Street, 11 l 15 NE 13th Avenue, 1075 NW 149th Street, 1095-97 NE 149th Street, 14950-52 NE
1 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 HOPWA 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 1 775.00
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.
Notwithstanding the foregoing, the HOPWA Assisted Units shall be rented for no more
than thirty percent (30%) of the tenant's adjusted monthly income.
(3) Floating Units. The HOPWA Assisted Units 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 Procedures. When the income of a tenant occupying a HOPWA Assisted Unit rises
above 80% of the HUD published median income for the area with adjustments for family size,
the Borrower shall rent the next available comparable unit to a Low Income Individual.
f4) 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. 12I01-I2213) 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 orizin, 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 Reportine. 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 furnished 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 Borrower and the tenant will be provided with the results of the inspection and the
time and the method of compliance and corrective action that must be taken.
(10) Record-keepinu. 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 Citv'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 ail
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 2" Avenue, Suite 200
Miami, Florida 33130
Attention: Barbara Gomez -Rodriguez, Director
MOVERS, Inc.
b 1 1 2 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 .(S50.00) per unit up to a maximum of Five Thousand Dollars and
no/cents (S5,000.00) 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 1-1OPWA 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 lease 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.
(16) This Agreement shall be effective for a 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:
MOVERS, Inc.
a Florida not -for -profit corporation
By:
Print Name: Carolyn Mathis, Interim Director
Print Name:
City of Miami, a municipal corporation
ATTEST: of the State of Florida
By:
Priscilla A. Thompson, City Clerk Joe Arnola, City Manager
APPROVED AS TO FORM AND CORRECTNESS:
Jorge L. Fernandez, City Attorney
ACKNOWLEDGMENTS
STATE OF FLORIDA )
COUNTY OF MIAM1-DADE )
Before me, the undersigned authority, personally appeared, as,
of , 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 tinder oath, and for the purposes therein expressed.
Witness my hand and official seal in the County and State last aforesaid this day of
, 2005.
PRINTED. STA'. PEE OR TYPED SIGNATURE OF NOTARY PUBLIC
NAME . STATE OF FLORIDA
� � . _ _
i,tu , axe An Uath
Personally Known
Produced I.D.
Type of I.D. Produced:
My Commission Expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Before me, the undersigned authority, personally appeared, as,
of , 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.
Witness my hand and official seal in the County and State last aforesaid this day of
, 2005.
PRINTED, STAMPED OR TYPED SIGNATURE OF NOTARY PUBLIC
NAME OF NOTARY PUBLIC STATE OF FLORIDA
Did Take An Oath
Did Not Take An Oath
Personally Known
Produced 1.D.
Type of I.D. Produced:
My Commission Expires:
EXHIBIT H
INSURANCE REQUIRE:MMENTS FOR A CERTIFICATE OF
INSURANCE- MOVERS LIFE QUEST
Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence
General Aggregate Limit
Products/Completed Operations
Personal and Advertising Injury
B. Endorsements Required
$1,000,000
$ 2,000.000
S 1.000.000
$1,000,000
City of Miami included as an Additional Insured
Employees included as insured
Independent Contractors Coverage
Contractual Liability
Waiver of Subrogation
Premises/Operations
Explosion, Collapse and Underground Hazard
Incidental Medical Malpractice
Loading and Unloading
Mobile Equipment (Contractors Equipment) whether owned, leased,
Borrowed, or rented by the contractor or employees of the contractor
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident S 1,000,000
B. Endorsements Required
City of Miami included as an Additional Insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
IV. Employer's Liability
A. Limits of Liability
S 100,000 for bodily injury caused by an accident, each accident.
S100,000 for bodily injury caused by disease, each employee
$nn r!r,n bodily injury caused by disease, policy limit
V. Umbrella Policy
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit $ 1,000,000
Each Occurrence $ 1,000,000
Aggregate $ 2,000,000
VI. Owners Contractors Protective
A. Limits of Liability
Each Occurrence $ 1,000,000
Aggregate $ 1,000,000
VII. Payment and Performance Bond
VII. Builders' Risk
A. Limits of Liability- to be determined by according the terns of the
Construction contract.
B. Endorsements Required
• "All Risk Form
• Non -Reporting Form -Completed Value
• Specific Coverage (Project Location and Description)
• Loss or Damage to building material, and property of
every kind and description, including insured's property
to be used in, or incidental to construction
• Business Interruption
• Boiler and Machinery
• Transit
• Foundation Coverage
• Scaffolding and Forms Coverage
• Plans, Blueprints, and Specifications coverage
• Collapse
• Flood, including inundation, rain, seepage, and water damage
• Earthquake
• Subsidence
• Windstorm including hurricane
• Freezing and Temperature Extremes or changes coverage
• Ordinance or buildings laws
• Theft or Burglary
• Coverage for loss arising out of Faulty Work or Faulty Materials
• Coverage for loss arising out of Design Error or Omission
• Testing
• Debris Removal
• Soft (Additional Financing) Costs Coverage
• Replacement Cost Valuation
• Coinsurance Requirements Waived
• Maintenance of Insurance Coverage through warranty period