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4
Signatura
Date
Public Works and Development Facilities
UNITED STATES DEPARTMENT OF COMMERCE
Economic Development Administration
Washington, D.C. 20230 ,
Project No'.:' - 04,11.402079
Offer Date oOrn
Lr 2.6 1980
OFFER OF GRANT
Pursuant to its authority under the Public Works and Economic Development Act of
1965, as amended, (P.L. 89-136) and subject to the Special Conditions (Exhibit "A")
and the Standard Terms and Conditions (Exhibit "B", dated October 1, 1978), both
incorporated by reference herein, the Economic Development Administration, U. S.
Department of Commerce (hereinafter the "Government"), offers a Grant not to exceed
$.1,580,400 to City of Miami and Overtown Economic Development
Corporation, Miami, Dade County, Florida, jointly, •
(hereinafter the "Grantee") in order to aid in the construction or equipping of
public works or development facilities presently estimated to cost $ 1,975,500
and consisting of •;a shopping center complex in Miami, Florida .
(hereinafter the "Project") provided that in no event shall this Grant exceed
whichever is the lower of $ 1,58 0,40 0 or 80 per cent of the actual cost of
the Project as determined by the Government.
•
This Offer, the Acceptance, the Special Conditions, and th.e Standard Terms and
Conditions including any addenda shall constitute the "Grant Agreement".
Acceptance of this. Grant Offer must be returned to the Economic Development
Administration prior to SEp 3 q i9pU
ECONOMICVELOPMENT ADMINISTRATION
By:
Approving Official
The above Offer of Grant is hereby accepted.
Date:
IAALY
0� By
September 29, 1980
( ignature and Printed Name)
Richard E. F cmocn
CERTIFICATION (By Official
Assistant Secretary for
Economic Development
(Title)
City of Miami
(Name of Grantee)
City Manager
(Title of Accepting. Official)
other than Accepting Official)
The person signing this Acceptance is so authorized by the. Governing Body or Board
of the ripient.
(I" L, I$igyature
Maurice A. Ferre (Printed Name)' — _•
Mayor
(Title of Certifying Official)
September 29, 1980
(Date)
FORM ED.1015 (REV, 3.441
USCOMM.DC 53054.P7D
-3ve
•'.BSI
• r
I U.S. ULF'ARTMc.tUT OF COMMERCE
(_2:
/O14IC OEVELOPMpNT AOLIINIZTRATION
PUBLIC WORKS PROJECT LINE ITEM ESTIMATED COSTS
EDA Project No. 04-11, 02079
State
Florida
L ine Items Proposed
Administrative Expense
(a) Interest
(b) Ocher
Preliminary Expense
Land, structures, and Rights -of -Way
ArchitecturaI/Engineering Basic Fees
Other Architectual Engineering Fees
Project Inspection Fees Audit Fees
Relocation Expenses
Relocation Payments to Individuals
and ..Businesses
Dernolition and Removal
(a) Labor
(b) non -Labor
Construction and Project Improvement
(a) Labor
(b) non -Labor
Equipment
Attachment No. 1
146,800
150,000
111,400
:66,700
1,334,600 1,334, 600
Contingencies 166,000
Total Estimated Costs
:Remarks:
S 1,975,500
163,000 (2
S 1,975,500
1) Line Item increased by an estimated amount to provide for a final project
audit.
2) Line -Item adjusterl to agree with the above change.
•
USCOstM-bC 3SD-P75
UL.e K.1. H.E'.1V•1• U1 LUPINE( .tS
Ecc )mic Development Administ )tion
Exhibit !'A"
Public Works and Development Facilities
Project No.
City of Miami/Overtown
GRANTEE: Economic Development
Corporation
Miami, Dade County, Florida"
04,•11-02079
'SPECIAL 'CONDITIONS
1. The Grantee agrees to the following project development time schedule
•
•
•
Time required after• EDA approval for:
Completion of Final Plans
Advertise for the purpose of Competitive Bidding
Award of Construction Contract"-
-'
Start of Construction
Construction Period
90 days :
• '120 days '
150 'day.s •
180 days,
18 months
2. Department .of Labor Regulations set forth in' 41 CFR 60-4 establish
goals and timetables for participation of minorities and women in the
construction industry. The regulations apply to all Federally.assist
constructioncontracts in excess of $10,000. Grantee/Borrower shall
comply with these regulations and shall obtain compliance with
41 CFR 60-4 from contractors and subcontractors employed in the
completion of the project by including such notices, clauses, .an
provisions in the Solicitations for -Offers or Bids as required by
41 CFR 60-4. Goals and timetables for the participation of women in
each trade area shall be as follows:•
Timetable
From April 1, 1980 until March 31, 1981 .
"Goals (%)
' 6.9
Goals for.minor.ity participation shall be as prescribed by Appendix B
Federal Register, Vol. 43, No. 68, April 7, 1978 or subsequent publi-
cations. Grantee/Borrower shall include. the "Standard Federal Equal
Employment Opportunity Construction Contract Specifications" (or cans
them to be included, if appropriate) in all Federally assisted con-
tracts and subcontracts. The goals and timetables for minority and
female participation may not be less than those published pursuant
to 41 CFR 60-4.6.
Prior to advertising for construction bids, the Grantee shall have an
appraisal satisfactory. to :the Government. .of...the .land and/or facilities
used as in -.kind contribution for this proj,ect,, Inthe-event it should
--become necessary, the Grantee agrees to provide any cash that would b
re:quired:`to:.bring the in -kind contribution to $150,000, should the
appraisal not support that amount,
4. Prior to any disbursement of funds,' the City of -Miami and- the Overtown
Economic Development Corporation shall execute.a memorandum of agreement
satisfactory to the Government which sets forth their respective responsi-
bilities for the development and implementation of this project.
5. Prior to any disbursement of funds, the EDA Name Check procedure set forth
in EDA Bulletin No. 35-80 shall be completed and any "issues raised by the
results of such Name Check shall be resolved to EDA's satisfaction.
t993 AU6 -5 'PI�F� � 3 R Z 12 9 81
;c288
PROPERTY MANAGEMENT AGRP. ME.. t2,.
•
This . PROPERTY MANAGEMENT AGREEMENT''3d'd`tc�c t(iid 24 day
of dune ,, 19 8 by and between: Citiy,.;of• 14i,ami. and
t7vertown Economic Develo ment'Cor'ora'tion r• •
whose a ress 1S Miami, Dade.Co myy, F(C 'isof•;
• (hereinafter with its surfed $$dr$ nd.assigns
called "Grantee"); the ECONOMIC DEVELOPMENT ADMINISTRATION,
UNITED:STATES' OF ,AMERIdA, whose' address , is •Main'Commerce
Buy lding, Washington', • E. ,C. , •20230. (hereinafter with its
,• successors •and assigns called "EDA" )•;: 'and the following
Owziex(s), Optionor(s)., Optionee(s), Lessor(s), and/or Lessee(s)'
with addresses as .indicated;
Oyertown Economic Development Corporation .
Miami, Dade County, Florida
DEFINITIONS:
1. "Grantee/owner" includes:
(a) Any grantee under Titles X, IV, IX, or X of the'
Public Works and Economic Development Act of 1965, as amended,
(hereinafter referred to as the "Act") or Title II, Chapter IV
of the Trade Act of 1974.
(b) The owner (lessor, lessee, optionor, optionee,
where appropriate) of:
(1) real property on which a project facility
is or will be located, or
(2) real property developed by the project
in order to sell, lease or otherwise convey it for a specific
purpose.
2: "Real property" means any land, improved land, structure;
appurtenances thereto, or other improvements, excluding movable
machinery and equipment. Improved land also includes land
which is improved by the oonstruotion of such facilities as
roads, sewers, and water and gas lines which are not situated
directly on the land but which improve such land.
3. "Sell". and. its derivatives shall include any convey-
ance or transfer of any. interest in the real property including,
but not limited to, renting or leasing such real property.
4. "Assistant Secretary" means the Assistant Secretary'
of Commerce for Ec nomic Development or his duly authorized
representative.
RECITALS;
WHEREAS, Grantee submitted an application, designated
as EDA Project No. 04-11-02.079 , for financial assistance
pursuant to the Public Works and Economic Development Act of
19.65, es amended, (P,L. 89-136, 42 U.S.C. 3121, et seq.); ,
and
WHEREAS, by Offer of Grant dated September 26 1980
as amended, EDA offered to the Grantee -a grant to assist in
financing a shopping center complex.
LO•u, a4'
B'durd P. Udn1f,.
Cbr4,'d CO ny
THIS INSTRUMENT PREPARED BY:
Jerry C. Fosters. Legal. Counsel.
ECONOMIC DEVELOPMENT ADMINISTRATION '
"1365'•PEACHTREE •STREET; N.E,.
ATLANTA•, GEORGIA 30309'
•
nft 11868 P-c2883
.'(here Wafter called 'Pro3ett" ; an
WHEREAS,. said Project included acquisition•.of and/or, •
specifically improving the real property described in' Exhibit ."A"
attached hereto and incorporated herein at this point ad though
set forte in full; and , , ,
'' WHEREAS, on .September 29, 1980 ',,the'Grantee
accepted the Offer.of Grant subject to'Certain terms and condi-.
tions pursuant to which 'the.Grantee covenanted and agreed to'•
comply. with the applicable requirements of 13 Code of Federal
Regulations Part 314,. as•amended;'and ,.
.,
WHEREAS, on 'September 29, 1980 the Owner/
Lessor%Lessee/Optionor/Optionee of all or part of the real
property described in Exhibit "A" attached hereto agreed to
comply with the applicable requirements of 13 Code of Federal
Regulations Part 314, as amended; and
WHEREAS,'the grant funds will be used for the construction
or rehabilitation of buildings or recreational facilities; and
WHEREAS, the Grantee and Owner(s), Lessor(s), Lessee(s),
Optionor(s), Optionee(s) of all or.part of the real property
described in Exhibit "A' attached hereto agreed'to record
these agreements in the appropriate office for the recording
of public records affecting real property in Miami, Dade County, Florida
so as to constitute notice to all persons of any and all
restrictions on title to and use of the Project and,. if applicable,
all or part of the real property described in Exhibit "A"
attached hereto. ,
NOW THEREFORE, in consideration of financial assistance
rendered and/or to be rendered by EDA and of other good and
valuable consideration,thereceipt and adequacy of which
the parties hereby acknowledge and to assure that the benefits
of the Project will accrue to the public and be used as intended
by both EDA and the Grantee, the Grantee, Owner(s), Lessor(s),
Lessee(s), and/or Optionor(s), Optionee(s), hereby covenant
and agree as follows;
1. The expected life of the Project is ti0 years
from the date hereof.
2. During its expected useful life the Project shall
not be used for other than the purposes for which the Project
was financed by EDA, as stated in the application, unless the
prior written approval of the Assistant Secretary is obtained.
3. The real property acquired as a part of the Project
or specifically improved and included as e part of the Project,
as described in Exhibit "A" attached hereto, and including
any interest therein, shall not be sold, leased, transferred,
conveyed or mortgaged without the prior written consent of the
Assistant Secretary,
4. Whenever real property is sold, leased or otherwise
conveyed pursuant to 13 CFR 314.3(a)(1), the transferor shall
add to the document conveying such interest a covenant, which
has been previously approved by the Assistant Secretary,
prohibiting the use of such property for any purpose other
- than the general and special purpose of the grant as determined.:_
by the Assistant Secretary. The instrument containing this
covenant shall be recorded in the pertinent county public
records affecting real property or filed with the appropriate
_.office in t he Bureau of Indian Affairs in the case of Indian .
Projects.
'IN WITNESS WHEREOF, the parties' have hereunto set their hands'.'•
as of 'the,day and year first above written by their duly authorized
office.• •:
UNITED STATES OF AMERICA •
WITNESSES: . ECONOMIC' DEVELOPMENT ADMINISTRATION
ATTEST: (SEAL)
WI NESSE
Over.town,Economic Development Corp.
awmitL(,7?L g(tXamixXoNxI)bldN1PXSJ£JGJ6o /Lessee
WITNESSES:
ATTE3Y:;
STATE OF GEORGIA ) ss
COUNTY OF FULTON ) rt
•,CI
I hereby certify that on this day before me fiery e 6`Sf?/�
A Notary Public duly authorized in the State an ounty.a ooresal
to take acknowledgements, personally appeared Wilbur 5. Hattendorf,
to me known to be the person described in and who executed the fore-
going instrument as Director, Atlanta Region, of the Economic
Development Administration named therein, and -acknowledged before
me that he executed the same as such Director,'Atlanta Region, in the.,
name and on behalf of said Economic Development Administration.
Witness my hand and official seal in the County and State last
• aforesaid the ,Rp' day of JI // , 19 f?"3 _.
Public
My Cammission expires:
' NotMy Publ c, GeocgM, Soh it La ,
M Commbsbn Expire! Oct, 29,19u5 •
'I hereby certify that on this day before me
, a Notary Public duly authorized in the State and County aforesaid
to take acknowledgments, personally appeared RANDOLPH B. POSENCRANTZ
, to me known to be. the person described in'and who
'executed the foregoing instrument as IActine City Manager
of the, CITY OF MIAMI, FLORIDA
named'therein, and acknowledged before me that (s)he executed the
same as such , Acting City Manager in the
• name of and. on. behalf of paid CITY OFMIAMI
Witness my hand And officia seal in the Countyand State last
aforesaid the S'ta day of
MY COMMISSION EXPIRES:
STATE OF. FLORIDA
COUNTY OF
Notary Pu•1
FREMQ4 PDDlIC STATE OF; FL'ORIpR•
Mr SAJ A ISSIC7 S)NOV 22 1986
;OWED TM CE IERAL INSURANCE UV
I hereby certify that on this day before me Charles Cash
a Notary Public duly authorized in the State and County aforesaid
to take acknowledgments, personally appeared CUARLES CASH
to me known to be the person described in and who
executed the foregoing instrument as PRESIDENT
of the OVERTOWN ECONOMIC DEVELOPMENT CORPORATION
named therein, and acknowledged before me that (s)he executed the
same as such PRESIDENT in the
name of and on behalf of said CORPORATION . . . .
Witness my hand and official seal in the County and State last
aforesaid the 20th day of July. , 1983
Notary Public
MY COMMISSION EXPIRES: NOTARY PUBLIC STATE Or FLORID�A jAT LAME
'1An.v,.v.�l�3,V,I urjR d 1995
BONDED 1NRU GENERAL I lUtlt WRITERS
U.:1.1. 868 ;;; 2886
EXHIBIT'"A" , •
LEGAL DESORIPTION '
Tract 9, TOWNPARK SUBhIVISION•4, U.R. Project Fla. R-10, according '
to the•plat thereof; as recorded in Plat.Book 87,'at Page 52,,of the
'Public Records of •bade •County,, Florida; and,
A portion of TRACT 7,0 of said TOWNPARK •SBBDIVISION conveyed to the.
City of Miami Pram Dade County by deed being more particularly described
as follows:
Begin at the Southeast corner of said Tract 10; thence.S.87°49'21" W .
along the South boundary line of said Tract 10 fir 436,90' fg'et to a
P.C. with a curve concave to the West; thence Ndrthwesterl-. along said
curve having a radius of 50 feet through a• central angle'o.;f 55°04' 50'I
for an arc distance of 48.07 feet to a P.R.C. of a curve concave to
the east; thence Northwesterly along said curve having a radius of
25.00 feot through a central angle of 52°04'53" for an arc distance
of 22.72 feet to a P.O.C.; thence N.87°49'21"E 296.63 feet; thence
N 3°21'00"W 10.02 feet; thence N 87°49'21"E for 50.97'; thence
N 03°21'00"W for 125.60 feet; thence N 87°43'18"E for 120.00 feet to
'the East Boundary Line of the aforesaid Tract 10; thence S 03°21'00"E
along the said East Boundary Line of Tract 10 for 195.83 feet to the
Point of Beginning.
MOOED IN Mh oll°nla ADf •WA
p DAD[ Co
,CDDnD VINI1110
BJCHARD P. DRINKE�4
CIIRK CIRCUIT C01181