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HomeMy WebLinkAboutExhibit 1SECOND AMENDMENT TO GRANT AGREEMENT BY AND BETWEEN THE SEOPW CRA AND THE CITY OF T%4T AMI. GIBSON PARK This SECOND AMENDMENT TO THE GRANT AGREEMENT, dated May 12th 2009, is made and entered into this day of , 2012 by and between the SOUTIHAST OVERTOWN/PARK WEST COMMUNITY REDEVEOPIVONT AGECNY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA"), and the CITY OF lvl1AM1, a m„nicipal corporation of the State of Florida ("CITY"). RECITALS A. WHEREAS, the Board of Commissioners of the SEOPW CRA, by Resolution No. CRA-R-09-0012, attached as Exhibit "A", passed and adopted on April 23, 2009, authorized the issmnce of a grant in an amount not to exceed One Million Dollars ($1,000,000) to The CITY for -the renovation of Gibson Park, located at 401 Northwest 12th Street, Miami, Florida; and B. WREREAS, pursuant to Resolution No. CR_A-R-09-0012, -the CRA and the C11 Y entered into a Grant agreement on May 12th 2009, which is attached for reference as Exhibit "B"; and C. WHEREAS, the Board of Commissioners of the SEOPW CRA, by Motion on File No. 10-00327, passed and adopted on March 15, 2010, CRA Motion Minutes on File No. 10- 00327 attached and incorporated herein as Exhibit "C", authorized the issuance of a grant in an amount not to exceed Eight Million Dollars ($8,000,000) plus interest ("GRANT") to the CITY for the renovation of Gibson Park, located at 401 Northwest 12th Street, Miami, Florida, in the form of payment of the debt service on the Sunshine State Loan; and D. WHEREAS, pursuant to the Motion on File No. 10-00327, passed and adopted on March 15, 2010, the CRA and the City entered into a First Amendment to the Grant Agreement on October 315t, 2011; which is attached for reference as Exhibit "D"; and E. WHEREAS, the Board of Commissioners of the SEOPW CRA, by Resolution No. CRA-R-11-0058, attached as Exhibit "E", passed and adopted on November 28, 2011, authorized the issuance of a grant in an amount not to exceed 2.8 Million Dollars (S2,800,000) to the CITY for the design and construction of an indoor basketball J' gymnasium to be located in Gibson Park, located at 401 Northwest 12th Street, Miami, Florida; and F. NVEEEREA.S, the City and the CRA wish to enter into this Second Amendment to the Grant Agreement to set forth the terms and conditions to the use of the Grant. NOW, THEREFORE, in consideration of the promises and the mutual covenants contained herein, the parties agree as follows: THE GRANT Section 1. The recitals and all statements contained therein are true and correct and are hereby incorporated into this Second Amendment to the Grant Agreement. Section 2. Subject to the terms and conditions set forth in herein and the CITY'S compliance with all of its obligations hereunder, the CRA hereby agrees to make available to the CITY the GRANTto be used for the purpose and distributed in the manner hereinafter provided. Section3. The GRANT shall be used as follows: to underwrite the costs associated with the CITY's renovation of Gibson Park, located at 401 Northwest 12th Street, Miami, Florida, in an amount not to exceed Two Million Eight Hundred Thousand Dollars (S2,800,000), for the construction of a 12;000 square feet indoor basketball gymnasium, with bleachers, wood floors, twenty -nine foot ceilings, one full and two half basketball courts, restroom facilities, storage facilities, and kitchen facilities, as more specifically set forth in Attachment "F", attached and incorporated herein. Section 4. Except as amended and supplemented by this Second Amendment to the Grant Agreement, the remaining terms and provisions of the First Amendment to the Grcmt Agreement, dated October 31s1, 2011, and the Grant Aa •eernent, dated May 12th 2009, are in all respects hereby ratified and confirmed and remain in full force and effect. Section 5. This Second Amendment to the Grant Agreement may be executed in any number of counterparts each of which shall be an original; but such counterparts shall together constitute but one and tb.e same instrument. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, in consideration of the mutual entry into this Second Amendment to the Grant Agreement, for other good Rnf valuable consideration, and intending to be legally bound, the CRA and Grantee have executed this Agreement. SOUTHEAST OVERTOWN/PARX WEST COMMUNITY REDEVELOPIvENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163356, Florida Statutes, ("CRA") Al"1'EST: By: By: Priscilla A. Thompson Pieter A. Bockweg Clerk of the Board Executive Director APPROVED AS TO FORM AND CORRECTNESS: By: Julie O. Bru General Counsel CITY OF 1v1LA1MII, FLORIDA, a municipal corporation of the State of Florida ("GRANTEE") A 1"1'EST: By: By: Priscilla A. Thompson Johnny Martinez City Clerk City Manager APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS: CORRECTNESS: By: By: Calvin Ellis Julie O. Bru Director, Risk Management City Attorney EXHIBIT "A" 2009 RESOLUTION CRA-R-09-0012 [this document starts on the next page] City of Miami Legislation CRA Resolution: CRA-R-09-0012 Clly Hall 3500 Pan Amerioan Drive Miami, FL 33133 www.miamigov.com File Number: P8-01328 Final Action Dntc, 2f13/2009 A RESOLUTION OF THE BDARD DF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING A GRANT, IN AN AMOUNT NOT TO EXCEED $ 1,000,300,T0 THE CITY OF MIAMI FOR RENOVATION OF GIBSON PARK, AT 401 N.W. 12TH STREET, MIAMI, FLORIDA; AUTHORIZING THE EXECUTIVE DIRECTOR, AT HIS DISCRETION, TO DISBURSE THE GRANT ON A REIMBURSEMENT BASIS DR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL COUNSEL; ALLOCATING FUNDS FROM SEOPWTAX INCREMENT FUND, "CONSTRUCTION IN PROGRESS," ACCOUNT CODE ND. 10D50, 8201 D1.670000.0000.00000, WHEREAS, the Southeast Dvertown/Park West Community Redevelopment Agency ("CRA") is responsible -for carrying out community redevetopmerrt activities and projects within the Redeve1opmentArea in accordance with its approved Redevelopment Plan ("Plan"); and WHEREAS, Section IV.D, at page 31, of the Plan provides that "[Tie provision of adequate community facilities and services is essential in order to complement redevelopment activities proposed for Dvertown .. and WHEREAS, the Otty of Miami's Department of Capital improvements Program ("CIP") has requested assistance in funding the renovation of Gibson Park, at 401 N.W. 12th Street, Miami, Florida; and WHEREAS, the renovation of Gibson Park includes: (1) a community center and an aquatics center; (2) sports field Improvements; (3) landscape improvements; and (4) park amenities, including a children's play area, a perimeter walking trail and parking; and WHEREAS, CIF has agreed to manage the design and construction of the park ; and WHEREAS, the Board of Commissioners wishes to authorize a grant, in an amount not to exceed $1,000,000, to the City of Miami for renovation of Gibson Park; NOW, THEREFORE, BE IT RESOLVED BY THE BDARD OF COMMISSIONERS DF SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY 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 herein as if fully set forth in this Section. Section 2. A grant, in an amount not to exceed $1,000,000, to the City of Miami for City of Miami Poga 1 af2 File Id: C8-01325 (Version: 1) Printed On: 9/1512011 File Number. 08-01328 • Enactment Number: CRA-R-09-0012 renovation of Gibson Park, at 401 N.W. N.W. 12th Street, Miami, Fiorida, is authorized, Section 2. • The .Executive Director is authorized, at his discretion, to disburse the grant on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation, Section 4. The Executive Director is authorized to execute all documents necessary for said purpose, in a form acceptable to General Counsel. Section 5. Funds are to be allocated from • SEOPW Tax Increment Fund, "Construction In Progress," Account Code No. 10050,920101.670000.0000.00000, Section 6. This Resolution shall become effective immediately upon its adoption. City of Miami Page 2 of2 Fite Id: OB-01328 (Version: 1) Printed On; 9/15/2011 EXHIBIT `B': GRANT AGREEMENT [this document starts on the next page] GRANT AGREET, NT THIS AGREEMENT is entered into as of the 1'/i day of .H , 200 b' and between the SOUTHEAST OVLTOWNfPARE WEST COMMUNITY RrnVELOPMENT AGENCY, of the City of Miami; s public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("C .4"), and the (JL I P OF MIAMI, FLORIDA, a municipal corporation of the State of Florida ("CITY"), RECITALS A. AREAS, the Board of Commission=s of the CPA, authorize the issuance of a grant, in an amount not to exceed One Million Dollars ($1,000,000) ("Grant"), to the CITY far the renovation of Gibson_°ark, at 401 12th Street, Miami, Florida; and B. t' OM 4S, the, Miami City Commission, by Resolution No. R-09-019a, passed and adopted on April23, 2009, authorized acceptance of the Grant; arid C. :till • , the CITY and the CRA wish to enter into Emir Agreement to set forth tine terms and conditions relating to the use of said Grant. NOW, ' al ORE, in consideration of the promises and the imztual covenantF contained herein, the parties agree to as follows: THE GRANT 1. RECITALS. The recitals and all statements contained therein are true and correct and are hereby incorporated into this Agreement, 2. GRANT. Subject to the terms and conditions set forth herein and the L2L 'Y's compliance with all of its obligations hereunde., the CRA hereby agrees to make available to the OTT the Grant to be used for the purpose and disbursed in the manner hereinafter provided, 3, USE OF GRANT. The Grant shall be used as follows; to underwrite the costs associated with the CLTY's renovation of Gibson Part., at 401 NW 12th Street, Miami, Florida, as set forth in Attachment "A" ("Project"), Page 1 of 10 4. COMPLL4NCE WL'i'.E[ POLICIES AND PROCEDURES. The C:f'Y understands that the use of the Grant is subject to specific reporting, record Keeping, administrative and contracting guidelines and other requirements affecting the activities funded by the Grant The CITY covenants and ad ees to comply, and represents and warrants to the CRA that the Grant shall be. used in accordance, with all of the requirements, terms and conditions contained therein as the same may be, amended during the term hereof. Without limiting the generality of the foregoing: the CITY represents and warrants that it will comply and the Grant will be used in accordance with all applicable federal, state and local codes, laws, TuleS and regulations. 5. RECORDS AND REPORTS/AUDITS AND EVALUATION. • (a) The CITY understands and aclmowledges that the CRA must meet certain record keeping and reporting requirements with regardzo the Grant. In order to enable the CRA to comply with its record keeping and reporting requirements, the L'i'1'1' agrees to maintain all re orda as reared by tip. CRA. (b) At dine CPA's request, and no later than thirty (30) days thereafter, the CITY shall deliver to the CRA such written statements relating to the use of the Grant as the CRA may require, (c) The CRA shall have the right to conduct audits of the CITY's records pertaining to the Grant and to visit the Protect; in order to conduct its monitoring and evaluation activities. The C;i1' [ agrees to cooperate with the CRA in the perfonuance of these activities. -(d) The CITY' s failure to comply with these requirements or the receipt Cr discovery (by monitoring or evaluation) by the CRA of any inconsistent, incomplete or inadequate information shall be grounds for the immediate termination of this Agreement by the CRA. C. REVERSION OF ASSETS. Upon the expiration of the term of this Ap eezrent; the CITY shall transfer to the CRA any unused Grant funds on hand at the time of such expiration 7. REPRESENTATIONS AND WARRANTIES, The C I'1'Y represents and warrants the foil owing (a) Invoices for all expenditures shall be submitted to the CRA for review. Page 2 of 10 (b) Funds disbursed under the grant shall be used solely for the Project. (e) The CITY shall prominently display signage onsite acknowledging the CRA's contribution to the Project, The CRA's contribution shall also be aelmowledged in all promotional materials, The CRA shall have the right to approve the form and placement of all acl nowledgments. 8, DISBURSEMENT OF GRANT. Subject to the terms and conditions contained in this Agreement, the GRA, shall make available to the CITY up to One Million Dollars ($1,00O,000). Payments will be made only on r reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation, in no event shall payments to the CITY under this Grant ;7-cement meted One Mullion Dollars ($1,000,000). 9, TERM, The term of this Agreement shall connnPnce on the dates firs'_ above written and shall terminate upon tile'earlier of: i) full disbursement of One Million Dollars ($1,000,000); or ii) esri,=r termination as provided for herein; provided, however, that ali rights of the FORA to audit or inspect, to require reversicm of assets, to enforce representations; warranties and certifications, to default remedies, . to limitation of liability sad indeznnuioation, and to recovery cf fees and costs shall survive the expiration or earlier tsrmnation of this agreement. 10, • ' 14aIES FOR. NON•COMFL[AI'1l;L if the CITY fails to perform any of its obligations or covenants hereunder, or breaches any of the terms contained herein, then the CR? shall .11Eva the right to take one or more of the following actions: (a) Withhold payments, pending correction of the deficiency by the CITY; (b) Recover payments made to the (-Li'Y; (c) Disallow (that is, deny the use of the Grant for) all or part of the cost for the activity or action not in compliance; (d) Withhold further awards for the?roject; or (e) Take such other remedies that may be legally permitted, Page 3 of 10 11. NON-DISCRIMINATION, The CITY, for itself and on behalf of its contractors and sub -contractors, agrees that it shall not discriminate as to race, sex, color, religion, national origin, age, marital status or handicap in connection with its pedorrnance under this Agreement. Furthermore, the .i Y represents that -no otherwise qualified individual shall, solely, by reason of his/her race, sex, color, religion, national origin, age, marital status or handicap be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving financial assistance pursuant to this Agreement, 12, CONFLICT OF INTEREST, The CITY has received conies of, and is familiar with, the following provisions regarding conflict of interest in the performance of this Agreement by the LTi'Y. The CITY covenants, represents and warrants that it will comply with all such conflict of interest -provisions: Code of the City of Miami, Florida, Chapter 2, Article V. Dade County Code, Section 2-11.1, 13. CONTINGENCY CLAUSE. Ftmding for this Agreement is contingent on the availability of funds and continued authorization for Project activities: and is subject to amendment or termination due to lacy of funds or authorization, reduction of funds, and/or change in red rations, 14. CERTIFICATIONS rJ LATLNG TO TEIE GI'L.J\'T. The LL'.E'Y certifies thaz: (a) All expenditures of the Grant will be made in accordance with the provisions of this Agreement (b) The Grant will not be co-mmgied with any other funds and separate bank accounts and accounting reoords will be maintained, (c) The expenditures of the Grant will be properly documented and such documentation will be maintained on file, (d) Periodic progress reports will be provided to the CPA as requested, (e) No expenditure of Grant funds shall be used for political activities, Page 4 of 10 (f) The CITY will be liable to the CRA for the amount of the Grant expended in a manner inconsistent with this Agreement, 15. DEtiAULT. If the uiiY fails to comply with any term Or condition of this Agreement, or fails to perform any of its obligations hereunder, then the CITY shall be in default, Upon the occurrence of a default hereunder the CRA, in aririition to all remedies available to there by law, may immediately, upon written notice to the CITY, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CRA to the CITY while the.CITY was in default shall be immediately returned to the CRA. The Lir"S.7 understands and agrees that termination of this Agreement under this section shall not release the L.L.t ' from any obligation accruing prior to the effective date of tezrainarion, lb, LIASILf'1'1' OF THE CRA. No officer, employee, agent, or principal, whether disclosed or .undisoiosed, of the CRA shall have .any personal liability with respect to any of the provisions of this Agreement, Any liability of the CRA under this Agreement shall be subject to the iimitatians imposed by Section 76828, Florida Statutes. I7. INDEMNIFICATION OF THE CRA. The CITY shall protect, defend, indemnify and held harmless the CRA and its agent 'om and against any and all claims, actions, damages, liability and ep'pense (including, fees of attorneys, investigators and experts) in connection_ with loss of life, personal injury or damage to property or arising out of this Agreement, except to the extent such loss, injury or damage was caused by the gross negligence of the CRA or its agents. 18. INTERPRETATION. (a.) Captions. The captions in this Ag cement are for convenience only and are not a part of this Agreement and do not in any way define, limit, describe, or amplify the terms and provisions of this Agreement or the scope or intent thereof, (b.) Entire Agreement, This instrument constitutes the sole and only agreement of the parties hereto relating to the Grant, and correctly set forth the rights, duties, and obligations of tn.e parties, There are no collateral or oral agreements or understandings between the CRA and the CITY relating to the Agreement Any promises, negotiations, or representations not expressly set forth in this Paged of 10 Agreement are of no force or effect, This Agreement shall not be modified in any manner except by an instrument in writing executed by the parties, The masculine (or neuter) pronoun and the singular number shall include the masculine, feminine and neuter genders and the singular and plural number. The word "including" followed by any speot90 item(s) is deemed to refer to examples rather than to be words of limitation. (e.) Construction, Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed fiat the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be, more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared ram-, it being agreed fhst the agents of both parties have equally participated in the preparation of this Agreement. (c1.) Covenants, Each coven agreement, obligation, icier, condition or other provision herein contained shall be deemed and consi<ued as a separate and independent covenant of the party bound by, underialdng or maidng the same, not dependent on any other provision of this Agreement unless otherwise expressly provided, All of the terms and conditions set forth in this Agreement shall apply throughout the to ro of this Agreement unless otherwise expressly set forth herein. (e.) Conflicting Terms. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern, (f.) Waiver. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective, unless made in writing, (g,) geverability. Should any provision contaied in this Agreement be determined -by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida, then such provision shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, that same shall be deemed severable, and Page bof10 in either event, the remaining terms and provisions of this Agreement shalt remain unmodified and in full force and effect, Th.) No Third Party Beneficiary Tights. Nc provision of this Agreement shall, in any way, inure to the benefit of any third parties so as to constitute any such third party a beneficiary of this Agreement, or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any party not a party hereto, 19. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by both parties, 20. OWNERSHIP OF DOCUMENTS. Upon the MA's request, aI1 documents generated in connection with the 'Project shall be delivered by the CITY to the CRA upon cournletion of this Aggr'eement, and may be used by the CRA, without restriction or limitation. The LJ'1' Y agrees that all documents maintained and generated pursuant to this Agreement shall be subject. to all provisions of the :Public Records Law, Chapte 119, Florida Statutes, It is further understood by and between the paiLies that any documents which are given by the CRA to the ULL Y pursuant to this Agreement shall at all times .rennin the property of the CRA, and shall not be used by the L.21'1.' for any other purposes whatsoever, without the written consent of the CRA. 21. AWARD OF AGREEMENT. The L ! Y. warrants that it has mot employed or retained any person e,upioyed by the CRA to solicit or secure this Agreement, and that it has not offered to pay, paid, or agreed to pay any person employed by the CRA any fee, commission percentage, brokerage fee, or oft of any kind contingent upon or resulting from the award of the Grant, 22, NON-DPI,EGABILITY, The obligations of the CITY under this Ab eement shall not be delegated or assigned to any other party without the CRA's prior written consent, which may be withheld by the CRA, in their sole discretion. 23, CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced in accordance with Florida, law, Page 7 of 10 i u. TERMINATION OF CONTRACT. The Ca-4 retains the right to terminate this Agreement at any time without penalty to the LIRA. In that event, the CP.A shall give five ;5) days written notice of termination to the L'1'1if, 25, NOTICE, All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the party at the address indicated herein or as the same ma.y be changed from time to time. Suoh notice shall be deemed given an the day on which personally served, or, if by mail, on the fifth day after being posted, or the date of actual receipt, whichever is earlier. To CRAA To Urri': With copy to: Southeast Overtown/Park West Community Redevelopment Agency 49 N,W, 5ti-f Street, Suite 100 Miami, FL 33128 Attn: James H. Villacorta Executive Director City of Miami �{ f! S,V,'.2°tl Avenue, 10th Floor Miami, FL 33130 Attn: Pedro G. Hernandez City Manager Department of Capital improvements Program City of Miami /14 S,"i r,, 211° Avenue, 8a Floor Miami, FI, 33130 Attu: Ola O. Aluico Director 26. INDEPENDENT CONTRACTOR, The, (211 Y, its contractors, subcontractors, employees and agents shall -be deemed to be independent contractors, and hot agents or employees of the CRA, and shall not attain any rights or benefits under the civil service or pension programs of the CP.A, or any rights generally afforded its employees; further, they shall not be deemea entitled to Florida Workers' Compensation benefits as employees of the CP..P.. 27. SUCCESSORS AND ASSIGNS, This Agreement shall be binciing upon the parties hereto, and their respecti ve heirs, executors, legal representatives, successors, and assigns, Page 8 of 10 28, AUTHORITY The C:11'Y certifies that the CITY possesses the legal authority to enter into this Agreement. A resolution, motion or similar action has been duly adopted as an official act of the CITY's governing body, authorizing the execution of this Agreement, and identifying the official representative of the CITY to act in connection herewith and to provide such additional information as may be required by the CRA, [SIGNATURES APPEAR DN FOLLOWING PAGE) Page 9 of 10 1 IN WITNESS WHEREOF, it consideration of the rrutua' entry into this Agreement, for other good and valuable consideration, and intending to be legally bound, the CRA and the CITY have executed this Agreement, Al' rsST: Bvc /a ems.�'�-- Priscilla A. Thompson 5`a'1'11 City Clerk. APPROVED AS TO FORM AND CORP,ECTNESS: By: 06 Julie D,' City Attu y A1`!' ST; By, Priscila A, T;iicmpson Clerk ofthe p oard APPROVED AS TO FORM AND CORRECTNESS: ^j• By; �� n_��r� a n� L Julie C. Bl CRA Gellerai Counsel CITE' OF T , FLORIDA, a municipal Corporate n of $ Stag, ofMori da, ("CITY" 4, :Pedro G, City per n Y: APPROVED PTO TTST t�iNcI REQUIREN�1IS: r By:1 / Attt, f;,eeAnn Brvb !'Director, Risk` Idanagment SOUTBEAST OVERTOWN/PARR WEST COMA/UNITY REDEVELOPMENT AGENCY, of the City of Miarni, a public agency and body corporate created pursuant to Section 163.35E, Florida Statutes, ("CRA") By: Page, 10of10 James R. Villacorta Executive Director A_TTACMVIENT "A" SCOPE OF WORK ;f1 SCOPE OF PROJECT Renovation of Gibson Park Project is anticipated to be constructed In 2 phases, Phase I will consist of the following; a,) Demolition of existing recreation building, play courts and utility building; b2/ Sports field improvements, including the Installation of new 'artificial turf, covered bleachers and walking path; c,) Construction of a new community center, including new spaces for meeting/activity rooms, classrooms, computer lab, and health office; d,) Construction of an aquatics center with practice pool, pool house and lockers; and e,) Landscape improvements, and the construction of nsw pavilions and play structures, Phase it will consist of the following: a.) Demolition of existing pool center; b.) Construction of a Sports and Fitness Center with Weig xercise room, indoor basketball court, and concession area; and c.) Improvements to N.W. 12 Street, consisting of new drop-off area, surface parking and landscaping. E)' I i "C" SEOPW CRA MOTION 1ym li I'ES ON FEE NO. 10-00327 [this document starts on the next page] City of Miami Marked Agenda SEOPW Community RedeveiopmentAgency Richert(P. Dunn /I, Chairman Francis Suarez, lice -Chairman Marc David Sarnoff, Commissioner Wffredo (Willy) Gort, Commissioner Frank Carolio, Commissioner CRA OFFICE ADDRESS: 49 NW 5th ST, SUITE 100, Miami, FL 33128 Phone: (305) 679-6800, Fax: (305) 679-6835 City Hail 35DD Pan American Drive Miami, FL. 33133 ww irntarnl2ov_ccm Monday, March 15, 2010 6:00 PM CU! MER CENTER 16DD NW 3RD AVE. MIAMI. FL, 33136 DISCUSSION ITEMS 1. CRA DISCUSSION 10-00327 DISCUSSION [TEEM REGARDING THE INCREASING DT THE GRANT AUTHORIZED BY CRA RESOLUTION R-.0S-0012 FOR PURPOSES OF ASSISTING THE CITY OF MIAMI IN THE FUNDING OF THE RENOVATION OF GIBSON PARK, AT 401 N,W, 12TH STREET, MlAMll, FLORIDA, INCLUDING THE PAYMENT OF AN AMOUNT EQUAL TO THE DEBT SERVICE RELATED TO THE SUNSHINE STATE LOAN ($7,932,854) ALLOCATED FOR SAID PROJECT, AS MAY BE ALLOWED BY LAW. Filed 10-D0327 Cover Memo 3-15-2D1D.doc MOTION A motion was made by Chair Dunn, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Carolio absent, to direct the interim Executive Director to prepare and execute the necessary documents authorizinc an annual appropriation from the Southeast Overtown/Park West CRA (Community Redevelopment Agency) to an amount sufficient to reimburse the Ctty for the debt service Incurred by the City in connection with Phase I of the Gibson Park pro)ect. Chair Dunn: Leal item, I'm going to pass the gavel to the Vice Chair — Vice Chairman Suarez — on this Item. Vice Chair Suarez: Thant; you, Mr. Chairman. James Villacorta (Interim Executive Director, Community Redevelopment Agency); Supplemental agenda Item 1 is a discussion Item ragarding increasing the grant authorized by CRA (Community Redevelopment Agency) Resolution 59-01.)12 for the purposes of assisting the City of Miami In funding the renovation of Gibson Park et 401 Northwest 12th Street, Miami, including the payment of an amount equal to the debt service related on the Sunshine Stale loan — related to the Sunshine State loan, roughly 7,932,854, to the extent allowable by law. Chair Dunn: At the Commission meeting last week, we decided to ask the CRA to assist the Ctty with the building of the Gibson Park. This means that the CRA should assume the debt service for the Sunshine fund tor a couple of years. And when we go to the market, then we would address the entire debt. But before we get Into a earnest discussion, i would like to open this Item up for a public discussion because It will aid In ClrynfMiami Pop Prin:ell on 9/15/20/1 SEDP1A' Community Redevelopment Agency Marked Agenda March 1E, 2010 our decision making. So, Mr. Chair, with your permission, can we have some input from the public? Vice Chair Suarez: Yes, of course, Mr. Vice [sic) Chair. I Just want to, If we can -- Is there —Just kind of -- Is there anyone here that is not in favor of this Item? Is there —? By a show of hands, is there anyone here who's going to be speaking against the item? Okay, So I haven't seen any hands, so I'm assuming all of you here are speaking In favor of the item? Emanuel Washington: Yes, sir. Vice Chair Suarez: If it's okay with all of you that are here, If we could limit, just for the Interest of brevity, the discussion to the first five or six people that can speak on unless there's anything that needs to be added. I will just accept — or the Board will Just accept that everyone who's here is In favor of the item. Mr. Washington, please. Mr. Washington: Mr. Chair, fellow members of the Board, Mr. Mayor, how are you doing today? Good. And members of -- here in the crowd. Dust wanted to speak briefly because at the last — Prisclfla A. Thompson (Clerk of the Board): Excuse me, Chair. Mr. Washington: I'm sorry. Vice Chair Suarez: Yes, Madam Chair [sic], yes — I mean, Madam — Ms. Thompson: Excuse rnE, Chair. f Just need — Mr. Washington: My name. Ms. Thompson: — for each speaker to please rememher to put their name and their address on the record and then they can start speaking. Thank you. Vice Chair Suarez: Thank you, Madam Clerk. Mr. Washington: My apology, Madam Clerk. Emanuel Washington, 155 Northwest let Street, property owner. As i was saying earlier, I know at the last Commission meeting there were some concerns arised !sic] from the. Commission, and I tool: the liberty to visit each one of your office today, I didn't get a chance to see someone from Commissioner Sarnoff office, but today I delivered to him some bullets and some things that— to address those concerns that he had. And the three concerns that he — that arised [sic) at the meeting was, number one, about staffing of the park, maintenance of the part:, and of course, the financing of the park. And'the first two, I'm aoino to speak tc, and I guess there's some other peoples here that'll speak to the financing portion of It But concerning the staff, as you noticed, 1 pretty much gave you some bullets. And looking at the staffing side of It, the first item l had on there was the Gibson Park and Overtown Community Optimist. We have a 16-yearpartnership, you know, so the things that — I know a lot of times when you say that — how you're going to staff something and hes It been done. Well, It's not has it been done. It's been done. For the last 16 years, Gibson Park and the community has had a partnership where we've actually provide service to the community In the form of volunteers, vending -• conceal ions and a whole host of other things. But for the most part, the point that I want to make out here in the 16-year partnership before I even get into the second Item is that I am personally a product of that partnership because I grew — was born and raised here in this community. As a matter of fact, Mr, Alexander, Koteles' lather, was the park — was one of the pars: supervisors when I was growing.up, raised me, and I came back and actually became a park manager for the first Gibson Park, and I had an opportunity to raise 30, 40 children in the park. As a matter of fact, one of the individuals who 1 raised, Mr. Ben Hank, I believe he's'here, a graduate of the University of Florida, he came back and now he's the pars: manager. So we have a long history of actually working with the park and the community, so its not like — this is not something we're going to try to do; we've done IL So the 16-year partnership is definitely something we've done there, And as I City grMiomi Page 2 Primed 011 9/1.12011 S0OPW Community Redevelopment Agency Marked Agenda March 1b, 2010 stated here end I put down, we have over 100 volunteers. And you know, I heard the Commissioner mention about financing the other day. And you lust put a numberto It. I mean, vniuntearr are not fret, but volunteers offer service In -kind, but If you put a number to it end you just take e hundred volunteers -- and we have well over that — but just taking a hundred of them and they put In at least ten hours a week, and that's Just minimum 'cause they do sometimes 20 and 90 hours. Rut taking the ten hours a week would generate over a thousand hours a week in manpower that they've actually put to the table. If you just put an $5 en hour figure on that, you're talking about well over 6400,000 In revenue that the City don't have to pay to provide a service to this park that we're already providing. And then If you loot: at over the 16-year history, you're talking about well over ;o million worth of equity that we have actually put into this park. So we have stake in It, We've actually done the things that you're talking about that came up as far as staffing. And outside of that, we also put down the tact thatwe have community service workers, We have community service workers in the sense of school kids, as well as people who are on food stamps that have to have community service hours. And right now currently we have at least about ten hours a week of community service people actually dedicated to the maintenance of the park, making sure the bathrooms are clean, the floors are swept and mopped. So all of these resources are avaltable to us to make sure that the staffing part le not a major concern, So the City will say now where are we going to get the money to maks It happen? Well, it's happening already without money. Going further, Click (phonetic) Chanties, We have organizations in the community who have provided service. They actually have a computer lab in Gibson Park that they're paying for. They're paying for the instructor. They're teaching the kids Web -based building program. Outside of Click (phonetic) Charity, we also have -- I didn't even put on here the (UNINTELLIGIBLE) Center tor Social Medicine and Health Equities at the University of Miami. They (sicj also one of our partners that they come and contribute time and effort into the park. And of course, between the volunteers es well as the staff, we basically provide concession also. And If this park is being bull:, it's going to actually have an adequate concessions program that we can really make it and Lund ltto de some good things. And again, with the numbers — because being — having a financial background myself and mentioning —the Commissioner mentioned IL I just posed a few number, and It has the potential to make at }east 5600 a day. And If you did that averthe next 50 — at Yeast 50 of the 52 weeks, you're talking about well over 5125 00D a year in revenue that this concession can generate that'll provide the things that, Commissioner, you talked about, jobs, ability for people to have a better quality of Elie, 'Those are the kinds of things that the partnership that we have brought to the table already have, And last but not least, these other few Items, the existing staff that's already there, It's not that we're going to have to bring in new park staff, They atready have staff at the park thats being utilized, so it's basically a remake of the park. And of course, RDC (Recreational Design & Construction) Is here and there are some other people that are here to talk about the new lighting and new field. There's contracts associated with that that's paying for the lighting for the next five years, energy -efficient lighting that's definitely going to lower the amount of energy being used. The same thing with the field and the watering of, you know, grass being planted. A lot of savings will be done on that side. And of course, the building Itself is a sliver -rated building. I mean, with the greening and the economy today, a sliver -rated building, would definitely reduce the cost of revenue being spent on that park tremendously. And last but not least, the high efficiency and the maintenance of the park is all there. The whoie package is there, so f just wanted to address those two areas. And of course, like I said, later on you guys can get into the financing part of it, which we also have answers to accommodate that so you wouldn't have a problem approving this Item. Thant; you very much. Vice Chair Suarez: Thank you, Mr. Washington. Mr. Williams. V Illie Williams: Willie Williams, Pastor Williams, Greater Mercy Missionary Baptist Church, owner/operator of Just Right Barbershop In Overtown as well. As you know, I was born In Dvertown, and also I'm the president of the Dvertown Optimist. Things were said a minute ago by Mr. Washington and our homework has been done and all we're looking for is the cooperation of the Commissioners and the Mayor and all who's involved so we can get this pert; on the map. Tnis le long overdue, For twenty -something years I've been running my business in Dvertown, and yet, I have not CLy ofMiaml Page 3 Printed an 9/15/20/1 SEOPW Community Redevelopment Agency Marked Agenda March 15, 2010 - have seen something miraculous enough to compensate our children }n this community. our children need more sc they can make more of themselves. And 1 believe that with your help, everything will fall in line, as well as in order so we can get the best for our children for the future. -Thank you. Vice Chair Suarez-. Thank you, Mr. Williams Next speaker, please. Charles Cutler: Charles Cutler, 706 Northwest4th Avenue. I'm a professional chess player. As a matter of fact, 1 taught chess on the City of Miami - I had all 26 City of Miami parks, And we ran into a problem over at Gibson Park because of the facility and we had to go over into the youth center, and that really didn't work out much, We started off small and we started getting more kids to come in. As a matter of fact, Mr, Samoff, some of the kids even come from your district to go over on district perk to participate in the recreation programs. So we Just want to make sure that we do the right thing. Arid when I first started teaching chess, Emanuel Washington was one of my students. So y'all, thank you, and I hope y'ail make the right decision far this community. Thank you. Vloe Chair Suarez; Thank you, sir. Commissioner Sarnoff: And Mr, Cutler, I didn't realize that's what you did for a living. Vice Chair Suarez: Thank you, Mr, Cutler. Next speaker, please. Dale Ayres: Hi. Good evening, everyone. My name is Dale Ayres. I reside at 201 Northwest7th Street. I'm the president of the Poinciana Village Condominium Association. We're located - we have two hulidinge, 64 units, and about 15D residents. And we support this project. I want to also congratulate each of you in your seats, also the Mayor 1 see here, congratulations. This is my first meeting I've been able to publicly say that. We only have one issue. And unfortunately, we are - fortunately and unfortunately, for the nextfew years once it starts getting developed, we are four blocks away from here and we're the only one that has a public pool. And what happens is, unfortunately, due to the current economic climate, we've had to cut things, such as security, and a tame percentage of our residents do work, so during the day, our public pool is open. And the money that we had in our reserves, we had to allocate to offset our unique property, which is abutted up against the CRA, which I don't know If most of you know about the Crosswinds development, but you sure will once you get situated. And so that money we had to (UNINTELLIGIBLE) to protect our outer circle, but our inner circle where our pool is, the kids will still jump. And last year we drove the City of Miami Police nuts. 1 work at r1U (Florida international university), so to come home and run kids out, it's very difficult And our elderly residents are not able to go down there, and of course, they're frightened to go down and run the kids out, So what we're requesting is, because this board has been very supportive in the past, if there's any way that you can help us fund some type of fencing to put around our current fence over the next couple years? We have estimates between 7 and $10,000 to fence It oft, and tt would assist us. This is something that happens in most public places. Unfortunately, you don't really think of the effects of the community, but we're the only park in -• oC we're the only pool In that particular area and the kids do find their way In. So that is the request. I'm asking to see if you would charge the director to help us assist with that, if that's posslole? We would appreciate your time. Thank you. Vice Chair Suarez: Thank you so much. That concludes the public portion on this Item, brinaing It back to the CRA Board. Is there a motion? Chair Dunn: Mr. Chair, before the motion, I would like to ask If the part: manager and ROC, If they would come forth and share their input from their perspective. Vice Chair Suarez: Yes, Chair Dunn: RDC is the design company. And of course, 1 see Mr. Larry Spring, He will - where Is he? I saw him a minute ago. Ciy of Omni Page J Primed an 9/15/ZU11 S=DPW Community RedevelopmentAgency Marked Agenda Merck 1E, 2010 Vice Chair Suarez: He's to the back there. Chair Dunn: Please kind of come close, Mr. Spring. Vice ChalrSuarez: Don't be shy. Ben Hanks, Ben Hanks, resides at 36D Northwest 20th Street, park manager, Gibson Park, Any particular — Vice Chair Suarez: You're recognized for the record. Mr. Hanks: Oh, okay. Vice Chair Suarez: Go ahead. Mr. Hanks: Well, I Just want to speak on the park situation. Like Mr. Emanuel said, it was big forme growing up as a kid, and It's the reason why I got Into recreation because of what Mr. Washington was able to do as a role model and give back to us. And 1 had opportunities to go off after I finished my college and pro career to maybe coach college, but 1 wanted to come back to my community and give back. And I got a degree in recreation with the opportunity to come back and work. The dollars would have been better, I guess, with the college coaching, but my heart and giving back to the community was something I wanted to do, So 1 just want to take that time to share and have one of our kids here, Quentin Dunbar, who attend Booker T. Washington, and he's also played for the Overtown Optimist tears at Gibson Park. Applause. Mr. Hanks: He'll be attending the University of Florida this year as well. Applause. Mr. Hanks:'That's all f want to say. Vice Chair Suarez: We won't hold It against him. Thank you, sir. The representative fiuni RDC. Thant: you, Please state your name for — and address for the record. Joseph Cerrone Jae Cerrone, Recreational Design & Construction, 3990 North Powerltne Road, Fort Lauderdale, Vice Chair Suarez: You're recognized for the record, sir. Mr. Cerrone: Thank you. Chair Dunn: Yes. 1 wanted to ask you can you share with us the efficiency impact in terms of your design, how li would reduce the cost that we're now experiencing at the present park? Because we do want to pet on for the record thls is a replacement park, Mr. Cerrone: Correct. Mr, Washington did a very good job. There Is -• we're using Musco high -efficiency lighting, which is a green system. They're the only company that can actually make the statement of they're using less fixtures, higher light levels, and the maintenance Is actually included in the package. So your fixtures are warranteed Isle) for ten years, without having to do anything for the light fixtures, 'They will replace the light bulbs over a periodic time. We're uslnc the Myrthe pool system, which has e 16-year warranty. There's no pool company In the country that offers a '1f.-year warranty on the pool, so there's no money to be spent on that. The building Is designed tc be a LEED (Leadership in Energy and Environmental Design) sliver project. We're a member of the USGBC (United States Green Building Council), so that building inherently will be energy efficient. We'll have low -flow toilets, low -flow urinals, hot water heater will be (UNINTELLIGIBLE). There was going to be 2 gas heating system 'cause there Is gas piped on site. The main field Is synthetic turf grass, so there is no chemicals. There is no constant watering. it's en Investment in that turf, but that turf will be used 24 hours e City of Miami Page Printed on 9.'1Sr1011 SEOPW Community Redevelopment Agency Marked Agenda March 16, 2010 dey, 7 days a week, 360 -. 1t will be used forever, and that has e — they're guaranteed for 10 years. And if they're going to guarantee It tor 10 years, you know the life expectancy is fer greater than that. There's a tot of — when we renovate the library, that will also be part of the LEED sliver — the whole park is considered e LEED silver project, so that will be a very efficient system as weL. Chair Dunn; Are there any questions? Vice Chair Suarez: Thank you, sir. Are there any questions from any of the other board members? Thank you, sir. Mr, Cerrone; You're welcome, Chair Dunn; Mr, Chair, last but now least — Vice Chair -Suarez; Yes. Chair Dunn: — we may hear from Mr. Larry Spring, Vice Chair Suerere Yes. Mr. Springs fsle]. Larry Spring: Good evening. Larry Spring, chief financial officer, City of Miami. believe the Chairman wanted me to reflect on the debt service. Finance did don new debt service schedule associated with this $6 million piece and what that cash flow would be over the next several years, Because the City was able to return approximately S7 million of our overall Sunshine State loan pool from our ERP (Enterprise Resource Planning) project that we had borrowed previously', there are no principal payments for the next two fiscal years. So we were able to save that So the debt service schedule for fiscal year '10 would be approximately $130,000; fiscal year 2011, 240. And 1 should back up. We used the assumption that we would be paying at an interest rate of 3 percent on average over this time even though we're paying at 1 percent, as I disclosed at the City Commission meeting. Fiscal year 2012, that debt service, in Eluding principal that first — of 800,000 in that-- in 2012, would total $1,046,000; fiscal year 2012, inciuding a principal amortization of 1.6 — or approximately 1.6 million, would total a million eight; and fiscal year 2014, including a principal pay -down of 1.6 million, wilt be 1.6 else; fiscal year 2010, Including a principal pay -down of 2 million, would be 2 ^'million; and finally, In fiscal year 2016, with a principal pay -down of 1.9 million, total payment will be 1.9 as welt So totaling — total principal and interest over the remaining life would be 9 million and — $9.1 million approximately. Vice Chair Suarez: Yes, sir. Chair Dunne Mr. Chair, And Mr. Springs [sic}, when the bonds — when they mature, is it a possibility that we may be able to pay Et off by the fourth or fifth year? Mr. Spring; When we Issue from the — Chair Dunn; When we issue the -- when they go to market. Mr, Spring: -- Southeast OvertownlPark West? We could establish a means by which we could pay off the remaining debtor just discontinue to use thls as a source — Chair Dunn: Okay. Mr, Spring; — and just pay back the two pieces at that time — or pay be ck the Sunshine principal remaining at that time, whatever's not used. I mean, I bare not looked at It structurally yet. I was just really focused on developing the debt service schedule so — Mr. Vlliacorts: Mr, Chair. Vice Chair Suarez: Thank you, Mr. Spring, CJry ofMmmi Page f Printed on 9/1.11011 SEOPW Community Redevelopment Agency Marked Agenda March 15, 2010 Mr. VIllacorta: It could be that the 3 percent Interest — or If we're still getting 1 percent — It might be better to — Mr. Spring: It's cheaper money. Mr. VIliacorta: — use this money than the bond money — Mr. Spring: It's much — Mr, Villacorta: — but Ira something that we would look at Including — Mr, Spring: Right, Mr. Villacortz: — in the bond program. And also, the — we wouldn't be assuming the debt service. We would be reimbursing the City for the payments they're making on the Mr. Spring: Correct Mr, Vlllacorte: — debt service. That's a technical -- Vice Chair Suarez.: Semantical difference, yeah, Mr. VIllacorta: -- difference that comes about because of the Interlocal agreements and the statute and the way that we're pay-as-you-go. Vice Chair Suarez: Thank you, Mr. Director. Thank you, Mr. Springs 'sic]. Mr_ Spring: Okay. Vice Chair Suarez; Any further questions or comments? Or would you Iike to hear from any other members of the -.? Bringing It back to the Board, Is there a motion? Chair Dunn: Yes, Mr. Chair. Vice Chair Suarez: Motion by Board Chairman — Commissioner Dunn. is there a sscond? Commissioner Gort: Second. Vice Chair Suarez: Second by Board Member— Commissioner Gort. Chair Dunn: Mr. Chair, Vice Chair Suarez: Any discussion? Chair Dunn: Yes. I just wanted to — Vice Chair Suarez: Yes, Chair Dunn; -- frame the motion, If f may. Vice Chair Suarez: Sure, please. Chair Dunn; I would like to offer a motion to direct the executive director to develop the necessary documents that woutd allow the CRA to assist the City in building of the new Gibson Park, in a form that's acceptable to the City Attorney. Mr, Vilienorra: No, I see some confused looks. Chair Dunn: Okay, City ill -Miami Page 7 Primed on P/1312011 ScDPW Community Redevelopment Agency Marked Agenda March 16, 2D10 Mr. Villacorta: I think what we're trying to do is direct the CRA to prepare and execute documents that would allow the CRA to reimburse the City for the debt Its incurring from the Sunshine State loan fund to rebuild Gibson Park, subject to approval of the budget on an annual basis — the payments out of the CRA's budget on an annual basis. Commissioner Berndt; Well, I don't — What do you mean by subject to? Mr. Vfllacorta: We don't want to commit to a debt and sinoe we're pay-as-you-go, you would have to look at this every year and make the payment Commissioner Sarnoff: Well, what if the Commissioner were to decide not to do It? Then that would fall to the general fund. Mr. Vfllacorte: Yes, It would. CommissionerSamoft: Welt, I'm not prepared to vote for that, So I'm not prepared to vote for "subject to." We make the commitment right here and now — Mr. Vlllacorta: Okay. Commissioner Semofr. — that we are going to fund this park from the CRA. Vice Chair Suarez Okay, Applause, Vice Chair Suarez.: So —excuse me, please. Mr. Mayor, would you like to say something for the record? MayorTom$s Regatado: ! just want to remind everyone here — most of the faces that I see here. ! remember seeing them many years ago at the Omni CRA, And at that time, the City did not have the availability o .funds, and the Omni CRA committed to build Margaret Pace Park; and Ws a park that everybody is proud. ! think that what the Chairman is bringing that is the commitment of this CRA to build a state-of-the-art park in Gibson, Its what we are supporting here and —'cause we don't want to have the — with a message that we might do It next year or we might— and you know, and then the City Commission will say — you guys will say, well, let's hold on on this project. I think that we should no the project and move on and be vary clear on what the CRA and what the — Commissioner Dunn Is proposing. Vice Chair Suarez: Thank you, Mr, Mayor. If I may, I think maybe the way, with your permission, Chairman, to restructure the motion is to say that the CRA will pay all the debt service for whatever debt is incurred as a result of the construction of the Gibson Park project. So if Its Sunshine State loan„ If Its 1 percent, if It's 3 percent, if It's 2 percent, If It ultimately becomes some other financing vehicle or If we substitute. that loan for some other debt, then the CRA will pay that debt, In essence, Mr. Vlitacorta: I think there were some legal Issues, one of ascertaining how much we're paying, and to the manner so that It doesn't become a debt of the CRA that has to go and get further approval from the County. Vice Chair Suarez: Can you elaborate on that; please, Madam Attorney? Julie O. Bru (General Counsel): Yes, 1 think It's appropriate for the CRA to make a motion wherein the CRA agrees to, on an annual basis, budget and appropriate legally available revenues in an amount sufficient to reimburse the City tor the debt service on this project. That way you are committing to annually budget and appropriate suoh amount and you're using the phrase "legally available revenues." It is projected that you are going to have legally available revenues, so ! don't see that as an Issue. It Is a -- you know, you -- It's a commitment to be In there for the long haul and If at any particular year you determine that you have legally available revenues to pay off the entire debt, then you can do so. CH), of Miami Pagc 8 Printed art 9115/2011 SEOPW Community Redevelopment Agency Marked Agenda March 16, 2010 Commissioner Sarnoff: Well, then that be — I apologtze, Mr. Chair, Vice Chair Suarez Please, Board Member Sernoff. Commissioner Sarnoff: Through the Chair, Vice Chair Suarez: And Chairman Sarnoff. You're recognized for the record. Commissioner Sarnoff Pm not sure 1 follow that because what if, in fact, another board ,determines that they want to do something else and they overlap the funds and there are no longer legally available funds? What I want to fashion -- and the only way you're going to get my approval Is if we commit today that this Is something that this body Is going to pay back, the principal of the interest of trio Sunshine State loan that we're discussing here today. Now if somebody wants to express it further and say any other further debt they take on, I can support that as well, If you want to enhance the park and do something with that. But to turn around and say available legal funds only Invites, in my opinion, mischief. And I'm not going to allow mischief when I don't know the board that's going to be back here in 2015, 2016 -- Chair Dunn: Or next year. Commissioner Samoff: -- right, or even next year, for that matter. So I'm prepared to support what we discussed supporting at the Commission. Vice Chair Suarez: Thank you, Mr. Chairman — Board Member Sarnaf. And 1 think — I don't want to outwards in your mouth, but I think the Chairman of this CRA seems to be amenable to that, I'm certainly — Chair Dunn: -Mr. Chair,'absolutely. Vice Chair Suarez: And I'm certainly amenable to that as well. So I guess what were looking to you is to put in words legally what were trying — our Intent, which is -- our intent is for the CRA, in essence, to pay for the part, in essence, for lack of a better legal terminology so — Ms, Bru: So it'd be a motion of the CRA authotIng an annual appropriation in an amount sufficient to reimburse the City for the debtservtce incurred by the City in connection with the Gibson Park project. Chair Dunn: So move, Commissioner Sarnoff: Second. Vice Chair Suarez: Any further discussion from the board members? Commissioner Sarnoff: I do, And I think 1 owe this community a little bit of an explanation so you understand why it is I said what! said and how 1 say what I say. 1 don't always say It as eloquently as a reverend. Chair Dunn: Oh, come on. Commissioner Samoff: But budget's a very interesting time, and everybody here was elected to prioritize what's in this cup, There's only so much in this cup, that's our budget. And there are competing values that go Into any budget. You're golnp to see It come this September, You're going to see the Mayor's first budget that he's going to produce, and he's going to show you what his values are, and that's doing to be In competition with everybody here and we come to a consensus. ! merely wanted to point out to this community that I think this community, as 1 think many communities, but especially this community needs Jobs. Because Just because many of your folks go to, you know, higher education, when they have the opportunity to return, they don't always have the jobs that are available from other places. Now to give you an understanding of City grit Page 9 Pronged on 9/15/2011 SEOPW Community Redevelopment Agency Marked Agenda March 1i, 2010 my prioritization, It's always Jobs, It's youth, and then the elderly, and that's Just the way I see life. I mean, I could tell you — and I agree with hlm, Even tnough the youth make up 2D percent of our society, they make up 100 percent of our future. So I -- and when I said I would yield to Commissioner Dunn on this issue, I do -- I w111 yleld to him 'cause I'm going to say that he understands the community better Man I do. But 1 merely offer you an explanation. And maybe It was the way I was brought up and maybe Its Just the foundation that my parents instilled In me. Everything flows from a job. You earn your own money, you don't need anyone else to help you. And it seems to me that should be government's role, is ID make sure that it's a fertile ground for Jobs and economic development. So when I look at this cup and I look at the competition that'll go on in this cup, better known as our budget, I merely want to explain to you that 1 always try to find a Job because from that every good thing happens. But 1 do acknowledge an idle hand Is the devil's workshop so — Chair Dunn: Thank you. Vice Chair Suarez: Thank you, Mr. Chairman. And before we call Me question, I'd like to say something — a couple of things. One is 1 just want to clarify for the record that the commitment here of the CRA is for phase one of the project I think It's important because this project has two additional phases, so we want to be clear -- the executive director wanted to be clear for budgeting purposes that we're budgeting for phase one of the project, And I Just want to say — Commissioner --Hoard Member Gort, did you want to say something? Commissioner Gort: No, no, no. You finish. Vice Chair Suarez: And I just want to say, before calling the question, you know, we obviously all want parks in our community. Parks are a wonderful thing. 'You know, they give the youth of our community a place to go and to have fun and to do things that are positive. You know, and as the Chairman said, as time continues and the economy continues to worsen and worsen, It's going to be more and more difficult for us to continue this trend that we've had, whioh has been a good trend overthe last few years of continuing to invest to our parks and in the infrastructure of our parks. And as it gets worse and worse, the economy' worsens, you know, we have to make tough decisions. And this is --we're coming to that point. And I think, you know, I fully support this pars:, and 1 wish we had the money to do more parks like this in my district as well. So with that being said, like the Vice Chairmen would say, I'd like to call the question. Ail those in favor, signify by saying "aye." The Commissioners (Coliectively): Aye. Vice Chair Suarez: Any opposed has the same right to say "nay." Motion passes unanimously. Applause. Chair Dunn: Thani: you, Mr. Vioe Chair. And let me say to my colleagues, especially to Commissioner Sarnoff, I want to thank each and every one of you for your support. As you can see, this Is an item that's very, very essential, I believe, to the life, as well as the legacy of this Overtown. Arid I Just find It really heartwarming to see Individuals who've been tutored from this same pars; even when the park was named Dixie Park, when Mr. Alexander's father was there, as well as Mr. Washington, and to the young man now who ks — and good to have you come back home because many of our young, educated individuals from our community don't coma back home because of the opportunity to go elsewhere. So I want to thank you all for your vote of confidence, and I'm sum that we will see that this will be a tremendous Investment and we will see the return on this investment in the lives of our community 1n the quality of life, Thank you. Vice Chair Suarez: Thank you. Applause. CityofMiami Page i0 Printed on 9/1.0'2011 SEDPW Community RedevelopmentAgency Marked Agenda March 10, 2010 Chair Dunn: is there a motion for adjourn? Commissioner Stimuli; So move, Vice Chair Suarez: Seunri. Chair Dunn: Meeting adjourned. COO -Miami Page II Prins& on 9/15/201) EXB BIT"D" FIRST AMENDMENT TO GRANT AGREEMENT [this document starts on the next page] FIRST Al\TEND117FNT TO GRANT AGREEMRNT BY AND BETWEEN THE SEOPW CRA. AND TH k; CITY OF IVII_AMI, GIBSON PARK This FTRST AMENDMF,NT TO THE GRANT AGREEMT NT, dated May 12th 2009, is made and entered into this g IS day of O(��'"D. pay- , 2011 by and between the SOUT EAST OVERTOWN/PARK WEST COMMUNITY REDEVEOPMENT AGECNY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA"), and the CITY OF MI[AM11, a municipal corporation of the State of Florida ("CITY"). REC PALS A WHEREAS, the Board of Commissioners of the SEOPW CRA, by Resolution No. CRA-R-09-0012, attached as Exhibit "A," passed and adopted on April 23, 2009, authorized the issuance of a giant in an amount not to exceed One IVT1Iion Dollars (S1,000,000) to the CTTY for the renovation of Gibson Park, located at 401 Northwest 12th Street, Miami, Florida; and B. WHEREAS, pursuant to Resolution No. CRA-R-09-0012, the CRA and the CITY entered into a Grant agreement on May 12th 2009, which is attached for reference as Exhibit `B;" and C. WHERF' AS, the Board of Commissioners of the SEOPW CRA, by Motion on File No. 10-00327, passed and adopted on March 15, 2010, CRA ldlotion Minutes on File No. 10- 00327 attached and incorporated herein as Exhibit "C," authorized the issuance of a giant in an amount not to exceed Eight Million Dollars (S8,000,000) plus interest ("GRAFT") to the CITY for the renovation of 'Gibson "PaiiClocated at 401 Northwest 12th Street, Miami, Florida, in the form of payment of the debt service on the Sunshine State Loan; and D. WHEREAS, the City and the CRA wish to enter into this First !rnennrnent to the Grant Agreement to set forth the terms and conditions to the use of the Grant, NOW, TBEREFORE, in consideration of the promises and the mutual covenants contained herein, the parties agree as follows: THE GRANT Section 1. The recitals and all statements contained therein are true and correct and are hereby incorporated into this First Amendment to the Grant Agreement. Section 2. Subject to the terms and conditions set forth in herein and the CITY'S compliance with all of its obligations hereunder, the CRA hereby agrees to make available to the CITY the GRANT to be used for the purpose and distributed in the manner hereinafter provided. Section 3. The GRANT shall be used as follows: to reimburse the CITY for the repayruent of the Sunshine State Loan, for the renovation of Gibson Park., located at 401 Northwest 12th Street, Miami, Florida the in an amount not to exceed Eight Million Dollars ($8,000,000) plus interest. Payments shall be made in accordance with the Amortization Schedule attached and incoporated herein as Exhibit "D." Section 4. Except as amended and supplemented by this First Amendment to the Grant Agreement, the remaining terms and provisions of Grant Agreement, dated May 12th 2009, is in all respects hereby ratified and confi i iued and renaains in full force and effect. Section 5. This .First Amenriment to the Grant Agreement may be executed in any number of counterparts each of which shall be an original; but such counterparts shall together constitute but one and the same instrument. [SIGNATURES APPEAR ON TPA POT T.DWENG PAGE] IN WITNESS WHEREOF, in consideration of the mutual entry into this Agreement, for other good and valuable consideration, and intending to be legally bound, the CRA and Grantee have executed this Agreement. A:1:1'aST: By. /11 Priscilla:4. Thompson (e) -31 // Cleric of,the Board APPROVED AS TO FORM AND CORK CTNESS: By: Julie 0. Bru General Counsel A Priscilla A. Thomason City Clerk i SOUTEEAST OVBRTOWNN/PARP WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, ("CRA") Pieter eg Executive Director L H'X OF MIAMI, FLORIDA, a municipal corporation (pith:: State of Florida ("GRANTEE") %mow 11 o!.4.` By: /.LJ.-17-/% APPROVED AS TO ► SUR/OE RBQU IEMBNTS: / • Byealvin Ellis Director, Risk Manag ,anent By: ai,ohnny Ma t nez ity IvIanag.,r APPROVED AS TO FORM A1\D CORRECTNESS: • Julie O. Bru City Attorney �r� ,E)OEJJL IT "A' 2009 RESOLUTION R R-09-0012 [this document starts on the nexi page] City of Miami Legislation CRA Resolution: CRA-R-09-0012 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number; 08-01328 Final Action Date: 212312009 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING A GRANT, IN AN AMOUNT NOT TO EXCEED $1,000,000, TO THE CITY OF MIAMI FOR RENOVATION DF GIBSON PARK, AT 401 N.W, 12TH STREET, MIAMI, FLORIDA; AUTHORIZING THE EXECUTIVE DIRECTOR, AT HIS DISCRETION, TO DISBURSE THE GRANT ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL COUNSEL; ALLOCATING FUNDS FROM SEDPWTAX INCREMENT FUND, "CONSTRUCTION IN PROGRESS,'' ACCOUNT CODE NO. 1 D050.920101,670000.0000.0000D, WHEREAS, the Southeast OvertownfPark West Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within the Redevelopment Area in accordant with its approved Redevelopment Plan ("Plan"); and WHEREAS, Section IV.D, at page 31, of the Plan provides that "(t)he provision of adequate community facilities and services is essential in order to complement redevelopment activities proposed for Overtown .. ,;" and WHEREAS, the City of Miami's Department of Capital Improvements Program ("ClP") has requested assistance in funding the renovation of Gibson Park, at 401 N.W. 12th Street, Miami, Florida; and WHEREAS, the renovation of Gibson Park includes; (1) a community eenter and an aquatics center; (2) sports field improvements; (3) landscape improvements; and (4) park amenities, including a children's play area, a perimeter walking trail and parking; and WHEREAS, CIF has agreed to menage the design and construction.of the park ; and WHEREAS, the Board of Commissioners wishes to authorize a grant, in an amount not to exceed $1,000,000, to the City of Miami for renovation of Gibson Park; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD DF COMMISSIONERS OF SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY 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 herein as if fully set forth in this Section. Section 2. A grant, in an amount not to exceed $1,000,000, to the City of Miami for City of Miami Page 1 of2 File Id: 08-01328 (Yersian:1) Printed On: 9/15/1011 Rio Number• 08-0 1 328 • Enactment Number, CIA-R-09-0012 renovation of Gibson Park, at•4D1 N.W. N.W. 12th Street, Miami, Florida, is authorized. Section 3. The Executive Director is authorized, at his discretion, to disburse the grant on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation. Section 4. The Executive Director is authorized to execute all documents necessary for said purpose, in e form acceptable to General Counsel. Section 5. Funds are to be allocated from • SEOPW Tax Increment Fund, "Construction In Progress," Account Code No. 10D50.920101.670000.0000.0D000. Section 6, Thls Resolution shall become effective immediately upon its adoption. CityafMiami Paget oft File Id' 08-02328 (Version: 1) Printed On; 9/15/2011 E3 '.EIIBIT `B:: GRANT A GREEAENT [this document starts on the next page] t;XANT AGREEMENT THIS AGREEMENT is entered into as of theme day of 114_, 20 9 by and between the SOUTHEAST OVERTOWN/PARK WEST COMIV E3NJTY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes (" FA"), and the CITY OF NIIAMI, FLORIDA, a municipal corporation of the State of Florida ("CITY"). RECITALS A. WHEREAS, the Board of Commissioners of the CRA, authanze the issuance of a grant, in an amount not to exceed One Million Dollars ($1,000,000) ("Grant") to the CITY ror'the renovation of GibsonPar1, at 401 NW 12th Street, Miami, Florida; and B. WHISEAS, the Miami City Commission, by Resolution No. R-09-0198, passed and adopted on Alrii 23, 2009, authorized acceptance of the Grant; and C. WHEREAS, the Lit and the CRA wish to enter into this Agreement to set forth the terms and conditions reiag to the use of said Grant. NOW, THEREFORE, in consideration of the promises and the mutual covenants contained • herein, the parties agree to as follows; THE GRANT 1. REC;i'!'4.LS. The recitals and all statements contained, therein are true and correct and are hereby Incorporated Into this Agreement, 2, GRANT. Subject to the terms and conditions set forth herein and the LU'Y's compliance with all of its obligations hereunder, the CR.A hereby agrees to make, available to the CTTY the Grant to be used for the purpose and disbursed in the manner hereinafter. provided, 3. USE OF GRANT. The Grant shall be used as follows: to underwrite the costs associated with the CITY's renovation of Gibson Pair, at 401 NW 12th Street, Miami, Florida, as set fortb in Attachment "A" ("Project"). Page 1 of 10 4. COMPLIANCE WITH POLICIES AND PROCEDURES. The CITY understands tha: the use of the Grant is subject to specific reporting, record keeping, administrative and contracting guidelines and other requirements affecting toe activities funded by the Grant, The CITY covenants and agrees to cowuly, and represents and warrants to the a.A that fhe C-rant shall be used in accordance, with all of the requirements, terms and conditions contained therein as the same may be amended during the term hereof, Without limiting the generality of the foregoing, the CITY represents and warrants that it will comply and the Grant will be used in a ccordanee with all applicable federal, state, and local codes, laws, rules Pnrl regulation, 5, InCOPDS AND REPORTS/AUDITS AND EVALUATION. (a) The C_TY understands and acioiowledges that the CRA must meet certain record keeping and reporting requirements with regard io the Grant. In order to enable the CRA to comply with its record keeping and reporting requirements; the J. agrees to mrintRin all records as required by the (b) At the CRA's request, and no latAr that thirty (30) days `hereafter, the CITY shall deliver to the CRA such written statements relating to the use of die Grant as the CRA may require, (c) The CRA shall have the nigh. to conduct audits of the CITY's records pertaining to the Grant and to visit the Project, in order to conduct its raonitotng and evahzation activities. The (2r1Y agrees to cooperate with the CRA in the performance of these activities, -(cl) The CT1'Y's ilure to comply with these requirements or the receiut or discovery (by monitoring or evaluation) by the CRA of any inconsistent, incomplete or inadequate information shall be grounds for the immediate termination of this Agreement by the CF,A. G. REVERSION OF ASSETS, Upon the ex_pirat:on of the teiri of this Agreement, the CITY shall transfer to the CRA any unused Grant funds on hand at the time of such expiration, 7, REPRESENTATIONS AND VilARRANLtUS, The LILY represents and warrants the following; (a) Invoices for all expenditures shall be submitted to the CP.A for review, Page 2 of 10 (b) Funds disbursed under the grant shall be used solely for the Project, (c) The CITY shall prominently display signage onsite acimowledging•the (MA's contribution to the Project, The CRA's contribution shall also be aelmowledged in all promotional materials, The CRA shall have the right to approve the form and placement of all acknowledgments, 8. DISBURS + tNT OF GRANT. Subject to the terms and conditions contained in this Agreement, the CP.A,shall make available to the CITY up to One Million Dollars ($1,000,000), Payments will be made only on a reimbursement basis or directly to vendors, upon presenrgrion of invoices and satisfactory documentation, In no event shall payments to the CITY under this Grant agreement exceed One Million Dollars ($1,000,000). 9. TERM. The term of this Agreement shall commence on the date first above written and Fhall terminate upon: the earlier of: i) full disbursement of One Million Dollars ($1,000,000); or ii) earlier termination as provided for herein; provided, hovrever, thnt all rights of the CRA to audit or inspect, to require reversion of assets, to enforce representations, wan'antaes and certifications, to default remedies, to limitation of liability and indemnification, and to recovery of fees and costs shall survive the expiration or earlier termination of this agreement, 10. REMEDIES FOR NON.COMTLIANCE. If the C;I1'Y fair to perform any of its obligations or covenants hereunder, or breaches any of the terms contained herein, then the CRA shall have the right to talcs one or more of the following actions: (e) Withhold payments, pending correction of the deficiency by the CITY; (b) Recover payments made to the .PTY; (e) Disallow (that is, deny the use of the Grant for) all or part of the cost far the activity or action not in compliance; (d) Withhold further awards for the Project; or (e) Take such other remedies that may be legally permitted, Page 3 of 10 11. NON-DISCRIMINATION. The CITY, for itself and on behalf of its contractors and sub -contractors, agrees that it shall not discriminate as to race, sax, color, religion, national origin, age, marital stains or handicap in connection with its performance under this Agreement. Furthermore, the C1TY represents thatno otherwise qualified individual shall, solely, by reason of his/her race, sex, color, religion, national origin, age, marital status or handicap be excluded from the participation in, be, denied benefits of, or be subjected to discrimination under any prop arr, or activity receiving financial assistance pursuant to this Agreement. 12. CONFLICT OF PST, The CITY has received copies of, and is familiar with, the following provisions regarding Confdct of interest in the performance of this Agreement by the The CITY covenants, represents and warrants that it will comply with all such conflict of interest provisions: (a) Code of the City of Miami, Florida, Chapter 2, Article V. (b) Dade County Code, Section 2-11.1, 12. CONTINGENCY CLAUSE. Funding for this Agreement is contingent on the availability of funds and continued authorization for Project activities, and is subject to amendment or termination due to iach of funds or authorization, reduction of funds, and/or change in regulaiions. 14. C EKT'1FICATIONS RF''T.A.TING TO TEE GRANT. The CITY certifies that; (a) All expenditures of the Grant will be made in accordance With the provisions of this Agreement. (b) The Grant w1 not be oo-mingled with any other funds and separate bank accounts and accounting records will be maintained. (c) The expenditures of the Grant will be properly documented and such documentation will be maintained on file, (d) Periodic progress reports will be provided to the CP\A as requested, (e) No expenditure of Grant funds shall be used for political activities, Page 4 of 10 (f) The CITY will be liable to the CRA for the amount of the Grant expended in a manner inconsistent with thi Agreement, 15, DEFAULT. If the C21'1`Y fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then the CITY shall be in default, Upon the occurrence of a default hereunder the CP.A, in addition to all remedies available to them by law, may immediately, upon written notice to the CITY, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CRA to the CITY while the,CITY was hi default shall be immediately returned to the CRA, The Ll'1Y understands and agrees that termination of this Agreement tmr this section shall not release the CITY from any obligation accruing prior to the effective date of termination, 16. LIABILITY OF THE CRA.. No officer, employee, agent, or principal, whether disclosed or undisclosed, of the CRA shall have any personal liability with respect to zny of the provisions of this Agreement. Any liability of the CRA ands_ this Aereem nt shall be subject to the limitations imposed by Section 768.2E, Florida Statutes. .17. INDEMNIFICATION OF TEE CR& The C:1.1 Y shall prof ct, defend, indemnify and hold harmie,ss the CRA and its agents fruit and against any and all claims, actions, damages, liability and expense (including Tees of attorneys, investigators and experts) hi connection with loss of life, personal injury or damage to prupurty or arising out of fnis Agreement, except to the extent such loss, injury or damage was caused by the gross negligence of the CRA or its agents. 18, INTERPRETATION. • (a.) Captions. The captions in this Agreement are for eonvenienee only and are not a part of this Agreement and do not in any way define, limit, desoribe or amplify the terms and provisions of this Agreement or the scope or intent thereof, (b,) Entire Agreement This instrument constitutes the sole and only agreement of the parties hereto relating to the Grant, and correctly set forth the rights, duties, and obligations of the parties. There are no collateral or oral agreements or understandings between the CRA and the CITY relating to the Agreement, Any promises, negotiations, or representations not expressly set forth in this Page 5of10 Agreement are of no force or effect, This Agreement shall not be modified in any mariner except by an instrument in writing executed by the parties, The masculine (or neuter) pronoun and the singular number shall include the masculine, feminine and neuter genders and the singular and plural number. The word "including" followed by any specific item(s) is deemed to refer to examples rather than to be words of Iimitation, (c.) Construction, Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbit-a1 body interpreting or construing the ssmP. shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instument is to be construed more 6LLictiy against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. (d.) Covenants. Bach covenant, agreement, obliga ion, term, condition or other provision herein contained shall be deerned and construed as a separate and independent covenant of the party bound by, undertalang or making the same, not dependent on any other provision of this Agreement miless otherwise expressly provided, All of the terms and conditions set forth in this Agreement shall apply throughout the term of this Agreement unless otherwise ed,:essly set forth herein. (e.) Conflicting Terms. In the event of conflict. between the tams of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern, (f.) Waiver, No waiver or breaoh of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing, (g.) Severability. Should any provisiat contained in this Agreement be deterrrdned by a court of competent jurisdiction to be invalid, Mega] or otherwise unenforceabie under the laws of the State of Florida, then such provision shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, that same shall be deemed severable, and Page 6of10 in either event., the remaining terms and provisions of this Ag eeriest shall remain unmodified and in full force and effect. (h.) No Third -Party Beneficiary Rights. No provision of this Agreement shall, in any way; inure to the benefit of any third parties so as to constitute any such third party a beneficiary of this Aggreement, or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any party not a party hereto, 19. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by both parties, 20. O yWNER,SHIT' OF DOCUMENTS. Upon. the CRA's xeguest, all documents generated in cormection with the Project shall be delivered by the CITY to The, CRA upon completion of this Agreement, and may be used by the CRA, without restriction, or limitation. The. CITY agrees that all documents maintained and generated pm'suant to fnu A eeni mt shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes, It is further understood by and between the parties that any docinnents which are given by the CRA to the CLr'Y pursuant to this A. . Bement shall at all times remain the proper-ty of the CRA, and shall not be used by the CITY for any other purposes whatsoever, without the written consent of the CRA, 21. AWARD OF AG Di I NT. The C:11 Y warrants that it has not eiu1iloyed or retained any person employed by the CP-A to solicit or secure this Agreement, and that it has not offered to pay, paid, or agreed to pay any person employed by the CRA. any fee, commission percentage, brokerage fee, Or gift of any kind contingent upon or resulting from the award of the Grant, 22, NON-DELEGA.BILITY. The obligations of the C;1'1' Y under this Ao ee nent shall not be delegated or assigned to any other party without the CP,A's prior -written consent, which may be withheld by the CRA, in their solo discretion. 23, CONSTRUCTION OF AGREEMENT. This Agreement s.ball be construed and enforced in accordance with Florida taw. Page 7 of 10 24. i .eIt.I1aNATION OF CON'.L'RACT, The CRA retains the right to terminate this Agreement at any time without penalty to the CRA, In that event, the CRA shall give five (5) days written notice of tewuiination to the Ci'I'17, 25. NOTICE. Al] notices or other communications which shall oT may be given pursuant to this Ageernent shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted, or the date of actual receipt, whichever is earlier. To CRA- To L'ii^_': With copy to: Southeast Overtown/Park West Community Redevelopment Agency 49 N,W, 5th Street, Suite 100 Imam., FL 33128 Attn: lames H. Villacorta . ecutive Director City of Miami Avenue, 10e Floo. Mierni, FL 33130 Attn: Pedro G. Hernandez City Manager Department of Capital improvements Program City of Miami 444 S,W, 2nd Avenue, �sFloor Miami, FL 33130 Attn: Ole O. Aluko Director 26, INDEPENDENT CON1RACTOR, The C:ZI:, its contractors, subcontractors, employees and agents shalI'be deemed to be independent contractors, and trot agents or employees of -the CRA, and shall not attain any rights or benefits under the civil service or pension programs of the CRA, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CRA. 27. SUCCESSORS AND ASSIGNS, This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns, Page 8of10 28, AUTHORITY, The CITY certifies that the Lt'1']' possesses the legal authority to enter into this Agreement. A resolution, motion or similar action has been duly adopted as an official act (lithe CTTY's governing body, authorizing the execution of this Agreement, and identifying the official representative of the CITY to act in connection herewith and to provide such additional information as may be required by the CRA., [SIGNATUPES APPEAR ON FOLLOWTh GPAGE] Page 9 of 10 IN WITNESS WIMIZE017, in consideration of the mutual entry into this Agreement, far other good and valuable, consideration, and intending to be legally bound, the ORA and the (—Li'Y have executed this Agreement. ATTEST: c • A. 5 =v'-/-0' 1 Priscilla A. Thompson / City Clerk APPROVED AS TO FORM AND CORRECYr.N SS: By: LEST: • .5-4/�0 �Priscilla A. T�tompson Cleric of.'tne 3 oard APPROVED AS TO FORM AND CORRB'CTNESS: By: !1'�,� LI �a? ' Julie 0, Bze1 CRA General Counsel CITY OF , FLORIDA., a municipal Corporate State of Florida, („c„" 4 Y� i Pedro G, Hernan)P E. �T City Manager J AFRO V TOTNST PRQU R H. NrTS: glut BV. �I eeAnnBr bon ,'Director, Risk Mtana;elnent SOUTHLLA.ST OVKRTOWN/PAPK WEST COMMTJNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163,336, Florida Statutes, ("CRA") By: Page 10 of 10 7smFs H. Viliacorta Executive Director ATTACHMENT "A" SCOPE OF WORK r SCORE OF -PROJECT Renovation of Gibson Park Project is anticipated to be constructed in 2 phases. Phase I will consist of the following: a.) Demolition of existing recreation building, play courts and utility building; b,)' Sports field improvements, including the installation of near artificial turf, covered bleachers and walking path; c.) Construction of a new community center, including new spaces for meeting/activity rooms, classrooms, computer lab, and health office; d,) Construction of an aquatics center with practice pool, pool house and lockers; and e.) Landscape improvements, and the, construction of new pavilions and play structures. Phase 11 will consist of the following: a.) Demolition of existing pool center; h.) Construction of a Sports and Fitness Center with WeighuExercise room, Indoor basketball court., and concession area; and c.) Improvements to N,W. 12"' Street, consisting of new drop-off area, surface parking and landscaping. EXHIBIT "C„ SEOPW CRA MOTION IvI NTUTES ON FILE NO. 10-00327 {this document starts on the next page] City of Miami Marked Agenda SEOPW Community Redevelopment Agency Richard P. Dunn I!, Chairman Francis Suarez, Vice -Chairman Marc David Sarnoff, Commissioner Wifreda (11y) Gort, Commissioner Frank Camillo, Commissioner CAA OFFICE ADDRESS: 49 NW 5th ST, SUITE 100, Miami, FL 33128 Phone: (305) 679-6800, Fax: (305) 679-6835 City Heil 3500 Pan Arnerian Drive M,ard, FL33133 www.rniarnigov.com Monday, March 15, 2010 6:00 PM CULMER CENTER 160D NW 3RD AVE, MIAMI, FL, 3313E DISCUSSION ITEMS 1. 10-00327 CRA DISCUSSION DISCUSSION ITEM REGARDING THE INCREASING OF THE GRANT AUTHORIZED BY CRA RESOLUTION R-N-0012 FOR PURPOSES OF ASSISTING THE CITY OF MIAMI IN THE FUNDING OF THE RENOVATION OF GIBSON PARK, AT 401 N,W 12TH STREET, MIAMI, FLORIDA, INCLUDING THE PAYMENT OF AN AMOUNT EQUAL TO THE DEBT SERVICE RELATED TO THE SUNSHINE STATE LOAN (S7,932,854) ALLOCATED FOR SAID PROJECT, AS MAY BE ALLOWED BY LAW, File # 1 D-00327. Cover Memo 3-15-2C10.doc MOTION A motion was made by Chair Dunn, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Carat) absent; to direct the Interim executive Director to prepare and execute the necessary documents authorizing an annual appropriation from the Southeast Overtown1Park West CRA (Community Redevelopment Agency) in an amount sufficient to reimburse the City forthe debl service incurred by the City in connection with Phase i of the Gibson Park project. Chair Dunn: Last item. Pm aoing to pass the gavel to the Vice Chair — Vice Chairman Suarez — on this Item. Vice Chair Suarez, Thank you, Mr. Chairman. James Vlilacorta ilnterlm Executive Director, Community RedeveiopmentAgency): Supplemental agenda item 1 is a discussion item regarding increasing the grant authorized by CRP. (Community Redevelopment Agency) Resolution 00-D012 for the purposes of assisting the City of Miami to funding the renovation of Gibson Park at 401 Northwest 12th Street, Miami, Including the payment of an amount equal to the debt service related on the Sunshine State loan — related to the Sunshine State loan, roughly $7,232,854, to the extent allowable by law. Chair Dunn: At the Commission meeting last week, we decided to ask the CRA to assist the City with the bullding of the Gibson Park. This means that the CRA should assume the debt service for the Sunshine fund for a couple of years. And when we go to the market, then we would address the entire debt. But before we get into a earnest discussion, 1 would like to open this Item up for a public discussion because It will aid in City of Miami Page I Prime! on 9/15r701; S1 OPW Community Redevelopment Agency Marked Agenda March 15, 2010 our derision making. So, Mr. Chair, with your permission., can we have some input from the public? Vice Chair Suarez: Yes, of course, Mr. Vice [sic] Chair, 1 just want to, if we can - is there - Just kind of -- is there anyone here that is not in favor of this Item? is there -? By a show of hands, is there anyone here who's going to be speaking against the Item? Okay, So 1 haven't seen any hands,so I'm assuming all of you here are speaking In favor of the Item? Emanuel Washington: Yes, sir. Vice Chair Suarez: If It's okay with all of you that are here, If we could limit, just for the interest of brevity, the discussion to the first five or six people that can speak on unless there's anything that needs to be added, I will just accept - or the Board will just accept that everyone who's here Is in favor of the item. Mr. Washington, please. Mr. Washington: Mr, Chair, fellow members of the Board. Mr. Mayor, how are you doing today? Good. And members of - here in the crowd. I just wanted to speak briefly because at the last - Priscilla A. Thompson [Clerk of the Board): Excuse me, Chair. Mr, Washington: I'm sorry, Vice Chair Suarez: Yes. Madam Chair [sic;, yes - I mean, Madam - Ms. Thompson: Excuse me, Chair. I just need - Mr. Washington: My name. Ms. Thompson: - for each speaker to please remember to put their narne and their address on the record and then they can start speaking. Thank you. Vice Chair Suarez: Thank you, Madam Clerk. Mr. Washington: My apology, Madam Clerk. Emanuel Washington, 155 Northwest loth Street, property owner. As I was saying earlier, I know at the last Commission meeting there were some concerns arised [sic] from the Commission,, and I tool: the liberty to visit each one of your office today. 1 didn't get a chance to see someone from Commissioner Sarnoff office, but today I delivered to him some bullets and some things that -to address those concerns that he had. And the three concerns that he - that arised [sic] at the meeting was, number one, about staffing of the park, maintenance of the park, and of course, the financing of the park. And the first two, I'm going to speak. to, and 1 guess there's some other peopies here that'll speak to the financing portion of 1t. But concerning the staff, as you noticed, I pretty much gave you some bullets. And looking at the staffing side of It, the first item I had on there was the Gibson Park and Overtown Community Optimist. We have a 16-year partnership, you know, so the things that --1 know a lot of times when you say that - how you're going to staff something and has It been done. Well, It's not has It been done. its been done. For the last 16 years, Gibson Park and the community has had a partnership where we've actually provide service to the community in the form of volunteers, vending - concessions and a whole host of other things. But ior the most part, the point that I want to make out here in the 16-year partnership before I even get into the second Item is that I are personally a product of that partnership because 1 grew -- was born and raised here In this community. As a matter of fact, Mr. Alexander, Koteles' father, was the park -was one of the park supervisors when I was growing up, raised me, and I came back and actually became a park manager for the first Gibson Park, and I had an opportunity to raise 30, 4D children in the park. As a matter of fact, one of the Individuals who 1 raised, Mr. Ben Hank, 1 believe he's'here, a graduate of the University of Florida, he came back and now he's the park manager. So we have a long history of actually working with the park and the community, so It's not like -- this is not something we're going to try to do; we've done It. So the 16-year partnership is definitely something we've done there. And as i Ciry of Miami Page 1 Printed on 9/152011 SEOPW Community Redevelopment Agency Marked Agenda March 16, 2010 staled here and {put clown, we have over 100 volunteers, And you know, I heard the Commissioner mention about financing the other day. And you Just put a number to It. I mean, volunteers are not free, but volunteers offer service in -kind, but if you put a number to It and you Just take a hundred volunteers -- and we have wet: over that — but Just taking a hundred of them and they put In at least ten hours a week, and that's just minimum 'cause they do sometimes 20 and 90 hours. But taking the ten hours a week would generate overa thousand hours a week in manpower that they've actually put to the table. If you just put an 58 en hour figure on that, you're talking about well over $400,000 in revenue that the City don't have to pay to provide a service to this park that we're already providing. And then If you look at over the 16-year history, you're talking about well over S6 million worth of equity that we have actually put Into this park. So we nave stake In It. We've actually done the things that you're talking about that came up as tar as staffing, And outside of that, we also put down the fact that we have community service workers, We have community service workers in the sense of school kids, as well as people who are on food stamps that have to have community service hours. And right now currently we have at least about ten hours a week of community service people actually dedicated to the maintenance of the park, making sure the bathrooms are clean, the floors are swept and mopped. So all of these resources are available to us to make sure that the staffing part is not a major concern. So the City wilt say now where are we going to get the money to make it happen? Well, it's happening already without money. Going further, Click (phonetic) Charities. We have organizations in the community who have provided service. They actually have a computer lab In Gibson Park that they're paying for. They're paying for the Instructor. They're teaching the kids Web -based building program. Outside of Click (phonetic) Charity, we also have —1 didn't even put on here — the (UNINTELLIGIBLE) Center for Social Medicine and Health Equities at the University of Miami. They [sic] also one of our partners that they come and contribute time and effort into the park. And of course, between the volunteers as well as the staff, we basically provide concession else. And if this park is being bultt, it's going to actually have an adequate concessions program that we can really make it and fund itto do some good things. And again, with the numbers — because being — having a financial background myself and mentioning —the Commissioner mentioned it. I just posed a few numbers, and It has the potential to make at least $500 a day. And if you did that over the next 50 — at least GO of the 52 weeks, you're talking about well over $125,00C a year In revenue that this concession can generate that'll provide the things that, Commissioner, you talked about, jobs, ability for people to have a better quality of life. Those are the kinds of things that the partnership that we have brought to the table already have, And last but not leas`, these other few items, the existing staff that's already there, It's not that we're going to have to bring in new part; staff, They already have staff at the park that's being utilized, so ties basically a remake of the park. And of course, RDC (Recreational Design & Construction) is here and there are some other people that are here to talk about the new lighting and new field. There's contracts associated with that that's paying for the lighting for the next five years, energy -efficient lighting that's definitely going to lower the amount of energy being used. The same thing with the fieid and the watering of, you know, grass being planted. A lot of savings Will be doze on that side. And of course, the building itself Is a silver -rated building, I mean, with the greening and the economy today, a sliver -rated building would definitely reduce the cost of revenue ieeing spent on that park tremendously. And last but not least, the high efficiency and the maintenance of the park is ail there. The whole package is there, so i just wanted to address those two areas. And of course, like 1 said, later on you guys can get into the financing part of it, which we also have answers to accommodate that so you wou Ibn't have a probtem approving this item. Thank you very much. Vice Chair Suarez: Thank you, Mr, Washington. Mr. Williams, Willie Williams: Wilde Williams, Pastor Williams, Greeter Mercy Missionary Baptist Church, owner/operator of Just Right Barbershop in Overtown as well, As you know, I was born in Overtown, and also I'm the president of the Dvertown Optimist Things were said a minute ago by Mr. Washington and our homework has been done and all we're looking for is the cooperation of the Commissioners and the Mayor and al! who's involved so we can get this park on the map. This Is long overdue. For twenty -something years I've been running my business in Dvertown, and yet, l have not City cif -Miami Page 3 PrLLatl an 9/15/2011 SEOPW Community Redevelopment Agency Marked Agenda March 15, 2010 — have seen same/fling miraculous anouah to compensate our children In this community. Our children need more so they can make more of themselves. And believe that with your help, everytning will fall In Tine, as well as to order so we can get the best for our children for the future. Thant; you. Vice Chair Suarez: Thank you, Mr, Williams. Next speaker, please. Charles Cutter. Charles Cutler, 705 Northwest 4th Avenue. I'm a professional chess player. As a matter of fact, I taught chess on the Clty of Miami -- I had all 26 Clty of Miami parks. And we ran Into a problem over at Gibson Park because of the facility and we had to go over Into the youth center, and that really didn't wort: out much. We started eft small end we started getting more kids to some in. As a matter of fact, Mr. Sarnoff, some of the kids even come from your district to go over on district park to pa rticlpate in the recreation programs. So we just want to make sure that we do the ' right thing. And when 1 first started teaching chess, Emanuel Washington was one of my students. So y'all, thank you, and I hope y'all make the right decision for this community. Thank you. Vice Chair Suarez: Thank you, sir. Commissioner Sarnoft And Mr. Cutler, I didn't realize that's what you did for a living. Vice Chair Suarez: Thank you, Mr. Cutler. Next speaker, please. Dale Ayres: Hi. Good evening, everyone. My name is Dale Ayres. I reside at 201 Northwest 7th Street. I'm the president of the Poincianz Viilage Condominium Association. We're located we have two buildings, 64 units, and about 15D residents. And we support this project. I want to also congratulate each of you in your seats, also the Mayor t see here, congratulations. This is my first meeting I've been able to publicly say that. We only have one issue. And unfortunately, we are —fortunately and unfortunately, for the next few years once it starts getting developed, we are four blocks away from here and we're the only one that has a public pool, And what happens is, unfortunately, due to the current economic climate, we've had to cut things, such as security, and a large percentage of our residents do work, so during the day, our public pool is open. And the money that we had In our reserves, we had to allocate to offset our unique property, which is abutted up against the CRA, which i don't know If most of you know about the Crosswinds development, but you sure will once you aet situated. And so that money we had to (UNINTELLIGISLEj to prefect our outer circle, but our inner circle where our pool is, the kids will still jump. And fast year we drove the City of Miami Police nuts. I work at MU (Florida International University), so to come home and run kids out, it's very difficult. And our elderly residents are not able to go down there, and of course, they're frightened to ao down and run the kids out. So what we're requesting Is, because this board has been very supportive in the past, if there's any way that you can help us fund some type of fencing to put around our current fence over the next couple years? We have estimates between 7 and $10,0DD to fence It off, and it would assist us. This is something that happens in most public places. Unfortunately, you don't really think of the effects of the community, but we're the only park in -- or we're the only pool In that particular area and the kids do find their way in. So that Is the request. I'm asking to see If you would charge the director to help us assist with that, if that's possible? We would appreciate your time. Thank you. Vise Chair Suarez: Thank you so much. That concludes the public portion on this Item, bringing It back to the CRA Board. Is there a motion? Chair Dunn; Mr. Chair, before the motion, I would like to ask If the part: manager and RDC, if they would come forth and share their Input from their perspective. — -Vice Chair Suarez: Yes. Chair Dunn: RDC Is the design company. And of course, I see Mr. Larry Spring. He will — where is he? l saw him a minute ago, City nl Mfarnf Page'.1 Primed on 9/15/10I1 SEDPW Community Redevelopment Agency Marked Agenda March 1b, 2010 Vice Chair Suarez: He's in the back there. Chair Dunn: Please kind of come close, Mr, Spring. Vice Chair Suarez: Don't be shy. Ben Hanks: Ben Hanks, resides at3B0 Northwest 2Oth Street, park manager, Gibson Park. Any particular - Vice Chair Suarez: You're recognized for the record. Mr. Hanks: Oh, okay. Vice Chair Suarez: Go ahead, Mr. Hanks: Well, I just want to speak on the park situation. Like Mr. Emanuel said, it was big for me growing up as a kid, and It's the reason why I got into recreation because of what Mr. Washington was able to do as a role model and give back to us. And I had opportunities to go off after I finished my college and pro career to maybe coach college, but 1 wanted to come back to my community and give back And I got a degree in recreation with the opportunity to come back and work. The dollars would have been better, I guess, with the college coaching, but my heart and giving back to the community was something I wanted to do, So just want to take that time to share and have one of our kids hers, Quentin Dunbar, who attend Booker T. Washington, and he's also played for the Overtown Optimist team at Gibson Park, Applause, Mr. Hanks: He9l be attending the University of Florida this year as well. Applause. Mr, Hanks; That's all ! want to say. Vice Chair Suarez: We won't hold it against him. Thank you, sir. The representative from ROC. Thank you, Please state your name for - and address for the record. Joseph Cerrone; Joe Cerrone, Recreational Design & Construction, 2990 North Powerline Road, Fort Lauderdale, Vice Chair Suarez: You're recognized for the record, sir. Mr. Cerrone: Thank you. Chair Dunn; Yes, I wanted to ask you can you share with us the efficiency impact In terms of your design, how it would reduce the cost that we're now experiencing at the present park? Because we do want to put on for the record this i;; a replacement park, Mr. Cerrone: Correct. Mr, Washington did a very good job. There Is - we're using Musco high -efficiency lighting, which is a green system. They're the only company that can actually make the statement of they're using less fixtures, higher light levels, and the maintenance is actually included in the package. So your fixtures are warranteed )sic) for ten years, without having to do anything for the light fixtures. They will replace the light bulbs over a periodic time. We're using the Myrthe pool system, which has a 15-year warranty. There's no pool company in the country that offers a le -year warranty on the pool, so there's no money to be spent on that The building Is designed to be a LEED (Leadership In Energy and Environmental Design) silver protect. We're a member of the-USGBC jUntted "States Green Building -Council), so -that building -Inhe rentlywill-be energy efficient We'I1 have low -flow toilets, low -flow urinals, hot water heater will be (UNINTELLIGIBLE), There was going to be a gas heating system 'cause there is gas piped on slte. The main field is synthetic turf grass, so there is no chemicals. There is no constant watering. It's an investment in that turf, but that turf will be used 24 hours a City Minnil Page 5 Prinied on 9./1512011 SEOpth' Community Redevelopment Agency Marked Agenda March 15, 2010 day,7 days a week,360 —it will be used forever, and that has a — they're guaranteed for 10 years. And If they're going to guarantee It for 1D years, you know the life expectancy is far greaterthan that There's a lot of — when we renovate the library, that will also be part of the LEER silver -- the whole park is considered a LEED silver project, so that wit be a very efficient system as Well, Chair Dunn: Are there any questions? Vice Chair Suarez: Thank you, sir. Are there any questions from any of the other board members? Thant; you, sir. Mr. Cerrone: You're welcome. Chair Dunn; Mr, Chair, last but now {east — Vice Chair Suarez: Yes, Chair Dunn: — we may hear from Mr. Larry Spring. Vice Chair Suarez: Yes. Mr. Springs [sic]. Larry Spring: Good evening. Larry Spring, chief financial officer, City of Miami. I believe the Chairman wanted me to reflect on the debt service. Finance did do a new debt service schedule associated with this $B million piece and what that cash flow would be over the next several years. Because the City was able to return approximately $7 million of our overall Sunshine State loan pool from our ERP (Enterprise Resource Planning) protect that we had borrowed previously, there are no principal payments for the next two fiscal years. So we were able to save that So the debt service schedule for fiscal year'1D would be approximately $133,000; fiscal year 2011, 240. And I should back up. We used the assumption that we would be paying at an interest rate of 3 percent on average over this Time even though we're paying at 1 percent, as I disclosed at the City Commission meeting. Fiscal year 2012., that debt service, including principal that first — of 00D,000 in that — in 2012, would total $1,049,000; fiscal year 2013, Including a principal amortization: of 1.5 — or approximately 1.6 million, would total a million eight; and fiscal year 2014, Including a principal pay -down of 1.6 million, will be 1.8 also; fiscal year 2015, including a principal pay -down of 2 minion, would be 2.1 million; and finally, in fiscal year 2016, with a principal pay -down of 1.9 million, total payment will be 1.9 as well. 5o totaling — total principal and interest over the remaining life would be 9 million and — $9.1 million approximately. Vice Chair Suarez: Yes, sir. Chair Dunn: Mr. Chair. And Mr. Springs [sic], when the bonds — when they mature, is It a possibility that we may be able to pay it off by the fourth or fifth year? Mr. Spring: When we issue from the — Chair Dunn: When we issue thewhenthey go to market. Mr. Spring: -- Southeast OvertownfPark West? We could establish a means by which we could pay off the remaining debt or Just discontinue to use this as a source — Chair Dunn: Okay. Mr. Spring: —and Just pay back the two pieces atthattime -- or pay back the Sunshine principal remaining at that time, whatever's not used. 1 mean, 1 have not looked at it structurally yet. I was Just really focused on developing the debt service schedule so — Mr. Vlllacorta: Mr. Chair. Vice Chair Suarez: Thank you, Mr. Spring. City of Mont Pone 6 Printed on 9/1542011 SEOPW Community Redevelopment Agency Marked Agenda March 16, 2010 Mr. Viflacortx: tt could be that the 3 percent interest — or ff we're still getting 1 percent — It might be better to — Mr, Spring: It's cheaper money. Mr. Vlllacortz: — use this money than the bond money — Mr. Spring: it's much -- Mr. Villacorte: — but It's something that we would look at including — Mr. Spring: Right, Mr. Vlliacorta: -- in the bond program. And also, the — we wouldn't be assuming the debt service. We would be reimbursing the City for the payments they're matting on the Mr. Spring: Correct Mr. Viliacorta: debt service. That's a technical — Vice Chair Suarez: Semanticai difference, yeah, Mr. Viltacorta: — difference that comes about because of the interlace' agreements and the statute and the wey that were pay-as-you-gc. Vice Chair Suarez: Thank you, Mr. Director. Thank you, Mr. Springs [sic]. Mr. Spring: Okay. Vice Chair Suarez: Any further questions or comments? Or would you like to hear from any other members of the —7 Bringing it back to the Board, is there a motion? Chair Dunn: Yes, Mr. Chair. Vice Chair Suarez: Motion by Board Chairman — Commissioner Dunn. Is there e second? Commissioner tort• Second. Vice Chair Suarez: Second by Board Member — Commissioner God. Chair Dunn: Mr. Chair. Vice Chair Suarez: Any discussion? Chair Dunn: Yes, i just wanted to — Vice Chair Suarez: Yes, Chair Dunn: -- frame the motion, if f may. Vice Chair Suarez: Sure, please, Chair Dunn: I would like to offer a motion to direct the executive director to develop the necessary documents that would allow the CRA to assist the City In building of the new Gibson Park, In a form that's acceptable to the City Attorney. Mr. Vtllacorta: No, I see some confused looks. Chair Dunn: Okay, City ofMiami Page 7 Printed on 9/13/2011 SE -DPW Community Redevelopment Agency Marked Agenda March 16, 2D1C Mr. Vfllaeorta: (think what were trying to do is direct the CRA to prepare and execute documents that would allow the CRA to reimburse the City for the debt It's incurring from the Sunshine State loan fund to rebuild Gibson Park, subject to approval of the budget on an annual basis — the payments out of the CRA's budget on an annual basis. Commissioner Sarnoff: Well, I don't-- What do you mean by subject to? Mr. Vlllacorte: We don't want to commit to a debt and since we're pay-as-you-go, you would have to look at this every year and make the payment. Commissioner Sarnoff: Well, what If the Commissioner were to decide not to do It? Then that would fall to the general Fund. Mr. Villacorta: Yes, It would. Commissioner Samoft: Weil, I'm not prepared to vote for that. So I'm not prepared to vote for "subject to." We make the commitment right here and now — Mr. Vlllacorta: Okay. Commissioner Sarnoff; — that we are going to fund this park from the CRA. Vice Chair Suarez: Okay, Applause, Vice Chair Suarez: So — excuse me, please. Mr. Mayor, would you like to say something for the record? Mayor Tomas Regaled(); 1 just want to remind everyone here -- most of the faces that I see here, I remember seeing them many years ago at the Omni CRA. And at that time, the City did not have the availability of funds, and the Omni CRA committed to buffo! Margaret Pace Park, and Ws a park that everybody is proud. I think that what the Chairman is bringing that is the commitment of this CRA to build a state-of-the-art park in Gibson. It's what we are supporting here and —'cause we don't want to leave the — with a message that we might do it next year or we might — and you know, and then the City Commission will say — you guys will say, well, let's hold on on this project. ! think that we should do the project and move on and be very clear on what the CRA and what the — Commissioner Dunn is proposing. Vice Chair Suarez: Thank you, Mr. Mayon If I may, I think maybe the way, with your permission, Chairman, to restructure the motion is to say that the CRA will pay all the debt service for whatever debt is incurred as a result of the construction of the Gibson Park project. So if its Sunshine State loan, If it's 1 percent, If It's 3 percent, If Ws percent, if it ultimately becomes some other financing vehicle or If we substitute that loan for some other debt, then the CRA will pay that debt, in essence. Mr. Villaoorta: 1 think there were some legal issues, one of ascertaining how much we're paying, and to the manner so that It doesn't become a debt of the CRA that has to go and get further approval from the County. Vice Chair Suarez: Can you elaborate on that, please, Madam Attorney? Julie 0. Bru (General Counsel): Yes. I tnink It's appropriate for the CRA to make a motion wherein the CRA agrees to, on an annual basis, budget and appropriate legally, avallabie revenues in an amount sufficient to reimburse the City for the debt service on this project. That way you are committing to annually budget and appropriate such -amountandyou'reusingthe-phrase-"legally-available-revenues,' It le projected that -you are going to have legally avallabie revenues, so I don't see that as an issue, it is a -- you know, you -. It's a commitment to be in there for the long haul and it at any particular year you determine that you have legally available revenues to pay off the entire debt, then you can do so. C.iiy ofMiami Page 8 Prinicd on 911S/2011 SSOPW Community RedevelopmentAgency Marked Aaenda March 16, 201 D Commissioner Sarnoff: Well, then that begs -- I apologize, Mr. Chair. Vice Chair Suarez: Please, Board Member Samoff, Commissioner Sarnoff: Through the Chair. Vice Chair Suarez And Chairman Samoff. You're recognized for the record. Commissioner Sarnoff: I'm not sure 1 follow that because what lf, in fa ct, another board determines that they want to do something else and they overlap the funds and there are no longer legally available funds? What I want to fashion - and the only way you're going to get my approval Is If we commit today that this is something that this body is going to pay back the principal of the interest of the Sunshine State loan that we're discussing here today. Now tf somebody wants to express It further and say any other further debt they take on, I can support thetas well, If you want to enhance the park and do something with that. But to turn around and say available legal funds only invites, in my opinion, mischief, And I'm not going to allow mischief when I don't know the board that's going to be back here in 2015, 2D10 Chair Dunn: Dr next year. Commissioner Samoff, —right, or even next year, for that matter. So I'm prepared to support what we discussed supporting at the Commission. Vice Chair Suarez: Thank you, Mr. Chairman — Board Member Sarnofr. And 1 think — don't want to put words in your mouth, butt think the Cnairman of this CRA seems to be amenable. to that I'm certainly — Chair Dunn: -Mr, Chair,•absolutely. Vice Chair Suarez And I'm certainly amenable to that as well. So I guess what we're looking to you is to put in words legally what we're trying — our intent, which is — our intent is for the CRA, In essence; to pay for the park, in essence, for lack of a better legal terminology so — Nis. 2ru: So it'd be a motion of the CRA authorr Wing an annual approp tation to an amount sufficient to reimburse the City for the debt service Incurred by the City in connection with the Gibson Park project. Chair Dunn: So move. Commissioner Sarnoff: Second. Vice Chair Suarez: Any further discussion from the board members? Commissioner Sarnoff: I do. And I think I owe this community a little bit of an explanation so you understand why It is I said what I said and how 1 say what I say. I don't always say It as eloquently as a reverend. Chair Dunn: Oh, come on. Commissioner Samoff: But budget's a very interesting time, and everybody here was elected to prioritize what's In this cup. There's only so much in this cup, that's our budget. And there are competing values that go Into any budget. You're going to see 1t come this September. You're going to see the Mayor's first budget that he's going to produce, and he's going to show you what his values are, and that's going to be in competition with everybody-here-andwe-cometo--consensus. -1 merely -wanted -to point out to thls community that I think this community, as 1 think many communities, but especially this community needs Jobs. Because Just because many of your folks go to, you know, higher education, when they have the opportunity to return, they don't always have the jobs that are avallable from other places. Now to give you an understanding of Ciry of Mann! Page 9 Primed on 9/1512011 SEOPW Community Redevelopment Agency Marked Agenda March 16, 2010 my prioritization, It's always fobs, It's youth, and then the elderly, and that's Just the way I sea life, I mean, I could tell you — and 1 agree with him, Even though the youth make up 20 percent of our society, they make up 100 percent of our future, So I -• and when 1 said I would yield to Commissioner Dunn on this issue, 1 do — i will yield to him 'cause I'm going to say that he understands the community better than ! do, But I merely offer you an explanation. And maybe It was the way 1 was brought up and maybe It's Just the foundation that my parents instilled In me, Everything flows from a Job. You earn your own money, you don't need anyone else to help you. And it seems to me that should be government's role, is to make sure that It's a fertile ground for jobs and economic aevolopment. So when 1 look at this cup and I look at the competition that'll go on In this cup, better known as our budget, I merely want to explain to you that i always try to Find a job because from that every good thing happens. But I do acknowledge an idle hand is the devils workshop so — Chair Dunn: Thank you. Vice Chair Suarez Thank you, Mr. Chairman. And before we call the question, I'd ilke to say something — a couple of things. One Is I just want to clarify for the record that the commitment here of the CRA is for phase one of the project. 1 think It's important because this project has two additional phases, so we want to be clear — the eiteeutive director wanted to be clear for budgeting purposes that we're budaeting for phase one of the project, And I Just want to say — Commissioner —Board Member Gott, did you want to say something? Commissioner Gortt No, no, no. You finish. Vice Chair Suarez: And l just want to say, before calling the question, you know, we obviously all want parks In our community. Parks are a wonderful thing. You know, they give the youth of our community a place to go and to have fun and to do things that are positive. You know, and as the Chairman said, as time continues and the economy continues to worsen and worsen, it's going to be more and more difficult for us to continue this trend that we've had, which has been a good trend over the last few years of continuing to Invest In our parks and in the infrastructure of our parks. And as It gets worse and worse, the economy worsens, you know, we have to make tough decisions. And this is —we're coming to that point. And 1 think, you know, I fully support this park:, and I wish we had the money to do more parks like this in my district as well. So with that being said, like the Vice Chairman would say, I'd like to call the question. All those in favor, signify by saying "aye." The Commissioners (Colleotively): Aye. Vice Chair Suarez: Any opposed has the same right to say "nay," Motion passes unanimously. Applause. Chair Dunn: Thank you, Mr. Vice Chair. And let me. say to my colleagues, especially tc Commissioner Samof, I want to thank each and every one of you for your support. As you can see, this is an Item that's very, very essential, I believe, to the life, as well as the legacy of this Dvertown. And 1 Just fend It really heartwarming to see Individuals who've been tutored from this same park even when the park was named Dixie Park, when Mr. Alexander's father was there, as well as Mr. Washington, and to the young man now who is -- and good to have you come back home because many of our young, educated individuals from our community don't come back home because of the opportunity to go elsewhere. So 1 want to thank you all for your vote of confidence, and I'm sure that we will see that this will be a tremendous investment and we will see the return on this investment In the lives of our community In the quality of Ilfe, Thank you. Vice Chair Suarez: Thank you. Applause. Chy ofMiemf Fogc !0 Prinked on 941512011 SEDPW Community Redevelopment Agency Marked Agenda March 95, 2010 Chair Dunn Is them a motion for adjourn? CommissionerSarnoff: So move, Vice Chair Suarez: Second, Chair Dunn: Meeting adjourned, City ofMiami Pagel! Primed on 9/J5/2011 E=1331T "D" AMORTIZATION SCHE U ,E (this document starts an the next page] CRA Sunshine State Govt'i Fin Commission Secondary Loan Series 2009 2D,Dt D,DDD 'Estimated City of Miami, Florida Sunshine State Financing Commission Loan e5 Annual Annual Total Interest Principal Amount interest Principal P & 1 Date Rate Maturity Outstanding For Year Payment For Year 8,000, 000.00 17-2010 Variable 8,000,000,00 133,479.45 - 133,479.45 FY-2011 Variable 8,000,000.00 240,000.00 - 240,000.00 FY-2012 Variable B08,470.59 7,191,529.41 240,000.00 8084470.59 1,048,470.59 FY-2013 Variable 1,565,000.00 5,623,529.41 215,745.88 1,566,000.0D 1,783,745.8E FY-2014 Variable 1,663,058.82 3,960,470.59 108,084.71 1,653,058.62 1,771,143.53 FY-2015 Variable 2,020,705.88 1,939,764.71 118,614.12 2,020,705.88 2,132,520,00 FY-2016 Variable 1,932,764,71 - 43,644.71 1,939,764.71 1,983,409.42 1,099,768.86 8,000,000.00 9,099,768.86 Estimated interest Cost Ls based on: variable Interest rate is a moving target. Estimated Interest Rate Used 3.0D% The Finance Department remit the actual interest payment monthly to the trustee, at which time it will adjust the rate according. We will inform the CRA what the previous month interest cost was byte second week of the following month. Page 1 Books (2) (2)5S20D742.5mm EXHIBIT "E" 2011 RESOLUTION CRA-R- 1 1-005 8 [this document starts on the next page] City of Miami Legislation CRA Resolution: CRA-R-11-0058 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-01107 Final Action Date: 11/23/Z011 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING A GRANT, IN AN AMOUNT NOT TO EXCEED TWO MILLION EIGHT HUNDRED THOUSAND DOLLARS ($2,800,000), TO THE CITY OF M1AM1 FOR THE DESIGN AND CONSTRUCTION OF AN INDOOR BASKETBALL GYMNASIUM TO BE LOCATED AT GIBSON PARK, 401 NORTHWEST TWELFTH STREET, MIAMI, FLORIDA, ("GYMNASIUM"); AUTHORIZING THE EXECUTIVE DIRECTOR, A, HIS DISCRETION, TO DISBURSE THE FUNDS UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL COUNSEL; ALLOCATING FUNDS FROM THE SEDPWTAX INCREMENT FUND, "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10050.920101.883000.0000.00000. WHEREAS, the Southeast Overtown(Park West Community RedevelopmentAgency ("CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment, Area in accordance with its approved Redevelopment Plan ; and WHEREAS, Section IV_D, at page 31, of the Plan provides that "the provision of adequate community facilities and services is essential in order to complement redevelopment activities proposed for Overtown . , .;" and WHEREAS, pursuant to Section 163.370(2)(c)(3), Florida Statutes, the CRA may construct "parks, playgrounds, public areas...and other improvements necessary for carrying out in the community redevelopment area the community redevelopment objectives in accordance with the community redevelopment plan"; and WHEREAS, the City of Miami's ("City") Department of Capita! Improvements Program ("CIP") is currently engaged in the renovation of Gibson Park; and WHEREAS, the renovation of Gibson Park includes: (1) a community center and an aquatics center; (2) sports field improvements; (3) landscape improvements; and (4) park amenities, including a children's play area, a perimeter walking trail and parking; and WHEREAS, CIP has agreed to manage the design and construction of Gibson Park; and WHEREAS, the Board of Commissioners, by Resolution no. CRA-R-09-0012, on February 23, 2009, authorized a grant, in an amount not to exceed One Million Dollars ($1,000,000), to the City for renovation of Gibson Park; and City ofMiurni Page 1 of 2 File Id: 11-01107 (Version: 1) Printed On: 3/5/2012 File Number: 11-01107 Enactment Number: CRA-R-11-0058 WHEREAS, the Board of Commissioners, by Motion on File No. 10-00327, passed and adopted on March 15, 2010, authorized the a grant in an amount notto exceed Eight Million Dollars ($8,000,000) plus interest, to the City for the renovation of Gibson Park; and WHEREAS, the Board of Commissioners wishes to authorize a grant, in an amount not to exceed Two Million Eight Hundred Thousand Dollars ($2,800,000), to the City for the design and construction of an indoor basketball gymnasium to be located at Gibson Park, 401 Northwest Twelfth Street, Miami, Florida ("Gymnasium"); and WHEREAS, the Gymnasium will be approximately 12,000 square feet, with bleachers, wood floors, twenty nine foot (29') ceiling heights, one full and two half basketball courts, restroom facilities, storage facilities, and kitchen facilities; NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COMMISSIONERS OF SOUTHEAST OVERTOWNIPARK WEST COMMUNITY REDEVELOPMENT AGENCY 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 herein as if fully set forth in this Section. Section 2. A grant, in an amount not to exceed Two Million Eight Hundred Thousand Dollars ($2,800,000), to the City of Miami for the design and construction of an indoor basketball gymnasium to be located at Gibson Park, 401 Northwest Twelfth Street, Miami, Florida, is authorized; Section 3. The Executive Director is authorized, at his discretion, to disburse the grant on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation. Section 4. The Executive Director is authorized to execute all documents necessary for said purpose, in a form acceptable to General Counsel. Section 5. Funds to be allocated from the SEOPW Tax Increment Fund, "Other Grants and Aids," Account Code No. 10051920101.883000.0000.00000. Section 6. This Resolution shall become effective immediately upon its adoption. CLIP of Miami Page 2 of 2 File Id: 11-01107 (Version: 1) Printed On: 3/5/2012 EXHIBIT "F" SCOPE OF WORK [this document starts on the next page] RECREATIONAL DESIGN B: CONSTRUCTION, INC. 3940 NORTH POWERLINE. ROAD FORT LAUDERDALE, FL33309 454 • 556 •38H5 FAX: 954 • 566 • 3335 EMAIL: intn@recreaticnaldesign.cam March .0.2, 2012 ,City of Miami .Department of Capital improvements 444 S.W..2nd Avenue, 8th Floor Miami, FL 33130 Attn: Mr. Marcel Douge, Senior Project Manager Re: Gibson Park Phase II Proposed Gymnasium:Building with Concession. Dear Mr. Douge, Recreational Design and Construction, .Inc. (RDC) hereby submits this cost -proposal 'to' include all Design .Fees, 'General Conditions, Permitting and Construction for the proposed Gymnasium. -Building with Kitchen Concession and :Related Site Work to be constructed as Phase II at Gibson Park, Idcated-at.352.N:W:13th Street, ,Miami, Florida. The pricingproposal and scope of work is .as per thefollowings; Attached site. plan, 'building floor plan :anti elevations dated January 2012 .with reference to'the proposed gymnasium building, kitchen equipment list and related site, 29 new asphalt parking spaces and drainage adjustments. Demolition of the rerraining concession building. . The scope of work is as follows: Design Fees • Provide all Architectural, Structural, Electrical and Mechanical plans and. construction aocuments for:the perrnitting and construction of the proposed facility. • Provide all civil engineering .plans and construction .documents .for the site work, •.development for the permitting and construction of the proposed facility. Provide all landscape and irrigation plans .and construction documents'for the permitting and construction •of the proposed facility. General Conditions ■ The general conditions cost includes all Preconstruction Management, Project Management, Supervision, Testing, Construction Survey and Stakeouts, temporary site water and electric, temporary storage facilities, temporary toilets, temporary fencing, gates and dumpsters. Bond, Insurances • Provide a Payment and Performance Bond, once permits are in place. • Provide a Builders Risk Insurance Policy, once permits are in place. CG-0A21702 CP01466757 E013001620 Gibson Park Phase II: Gymnasium Building with Concession -Page 1 of 5 . Site Work The area within the limits of construction construct the building pad elevations for the and parking areas. A four -inch thick 300 SF concrete slab with a the existing library and the new proposed barbecue food preparation area. will be graded/shaped as required to construction of the gymnasium building hose bib shall be constructed between building to accommodate an outside Site Utilities & Building Services Existing site drainage will be adjusted to accommodate construction of the building •pad. Credits from original scope are included. • The existing on site (as noted) sanitary sewer lateral will be tapped into to collect sewage disposal waste from the new gymnasium building. A new grease trap shall be construed to collect the water from the kitchen concession RDC will show due diligence by conducting an investigation of the existing grease trap and advise the City Of Miami if the existing _grease trap is usable. .• The exiting 2" on site (as noted) water distribution system will be tapped into to provide potable water service to the proposed gymnasium building. The existing 8" fire line will be tapped into to provide water required for Fire Protection Services to the new gymnasium building. RDC to provide Mechanical .Calculations and Civil Drawings per the meeting With the. Fire Department. The existing on:site electrical service will be tapped into to provide power required for the new gymnasium building and additional parking lot lighting. Asphalt ParkingLot ■ Twenty-nine (29) new asphal. parking spaces will be constructed. • Compliant signs will be provided for each ADA Parking space. ADA compliant concrete sidewalks will be constructed to provide ADA accessibility to the newproposed gymnasium building :and to provide connectivity to the recreation building, -multipurpose ball field and site appurtenances. The concrete sidewalk will be five feet and unreinforced. The parking light poles shall be archetype light fixture as manufactured by Kim Lighting installed on 'Oceanic Prestresed as manufactured by Sky Cast inc. Pole height to be mounted 20 feet above grade. Landscaping and irrigation ▪ All shrubs, ground covers or other planting material installed will . be native plantings and conform to the standards of Florida #-1, • The existing irrigation system will be modified and adjusted to provide coverage to shrubs and ground cover around the proposed gymnasium building and.new landscaped parking areas.utilizing low angle sprinkler heads, moisture and rain sensors and zoned in accordance to water demands. Gymnasium Building The new gymnasium shall have a total floor area of eleven thousand eight hundred and eighty S.F (11,880 SF) square foot and shall consist of a Gymnasium area, men's restroom, women's restroom, kitchen concession, equipment storage area, mechanical, electrical and janitor rooms, Gibson Park Phase 11: Gymnasium Building with Concession - Page 2 of 5 • The building shall be •constructed of 12" & 8" concrete masonry units, reinforced concrete columns and a monolithic concrete foundation with a 4" reinforced concrete slab on grade. The roof structure shall be supported with a precast concrete joist system and is to match the existing Community.Building Assembly. = The roofing surface shall a three ply built up Modified Roof system over lightweight concrete with a manufacture warranty of 20 yrs NDL. • The main south entrance doors shall be impact resistant entry glass doors with hardware. • Hollow Metal emergency exit doors with panic hardware .shall be installed to provide access to the North facade exterior of the building. • .Exterior impact fixed glass window systems shall be provided on the east and west elevation of the building All glazing frames to .powder coated aluminum framing and meet with Miami -Dade County Product Approval. The exterior walls will be 5/8" painted stucco finish.. = The interior -masonry walls -of the gymnasium will have a skim coat -finish to 12 feet above finish floor and the upper wails will be exposed.block and be painted. = The gymnasium ceiling will be.exposed concrete and shall be painted. Acoustical panels will be attached -to:the concrete structure. • The -gymnasium will be designed to have a seating capacity of 260 -spectators. = The -main basketball court playing surface area will be 84'-0" x :50'-0". The marking for the two practice•courts 'shall be 60'-0" x 50'-0" The gymnasium -flooring surface will be a grade two and better Hard Wood Maple Flooring with 25132 x. 2-1/4" standard strip laid overtwa layers of Y2 plywood with -a vented base .cove. The floor will be striped for the .main court (84'-0" x 50'-0") , two •(2) half -courts (60'-0"' x 50'-0") and a volleyball court. .Six (6) ceiling -suspended rear -folding basketball backstops with glass backboards and breakaway goals as manufactured by Institution Products Inc., will be supplied and installed. The basketball goals supplied will be two (2) for the main basketball .court (50'-0" x 84'-0"), and four (4) for the (60'-0" x 50'-0") parallel courts. ■ One electrical motorized curtain divider as 'manufactured by Institutional Products shall be installed to separate the two practice courts. = A 2" thick x 6 feet high safety wall padding panels., as manufactured by Promats Athletic Will `be providedbehind the basketball goals .at both ends of the main court area. = One set of four rows & one s.et of three rows telescopicmotorized retractable aluminum seating bleachers as manufactured by Sheridan Seating shall be provided and Installed (Total Seating Capacity (260 Spectators). • The gymnasium floor will include provisions for multiple uses including the installation of two (2) brass sleeves for volleyball standards. • Two (2) basketball scoreboards model #BB-1600-4 as manufactured by Fairplay or Equal shall be supplied and installed. The scoreboards shall have wireless controllers and received and shall -be battery / electrically operated. • Acoustical panels shall be provided in the ceilings and -walls area of the gym as required by code for sound level decibels. Per NRC to equal .5 minimum. ■ The men's restroom will be equipped with one (1) ADA water closet and one (1) ADA lavatory, one (1) regular urinal and one (1) regular lavatory. Selections to match City Of Miami Building Fixtures. Gibson Park Phase 11: Gymnasium Building with Concession - Page 3 of 5 i ■ The women's restroom will be Equipped with one (1) ADA water closet and one (1) ADA lavatory, three (3) regular water closets and one (1) lavatory. Selections to match City Of Miami Building Fixtures. ■ Both men's and women's restrooms shall be equipped with hot water. Selections to match City Of Miami Building Fixtures. The flooring in the restroom will be a tile floor system with a tile base. Selections to match City Of Miami Building Flooring. Floors in the electrical and mechanical and storage rooms will be sealed•concrete finish. Walls separating mechanical and electrical rooms shall be 1 hour rated ■ Toilet partition and accessories and manufactured by Bobrick or equal shall be installed in both men's and women's restroom. ■ Restroom wall and partition will be -finished with Durorock/ 5/8" gypsum boards on metal studs framing and -shall be painted to match Community Building. • ■ The restroom wall finishes shall be.a .six-foot high tile wainscot. ■ An ADA, compliant, fully recessed, electric drinking 'fountain will be installed in :the gymnasium area. A cooking kitchen and concession area shall be built out for the concession area. The :kitchen :equipment shall be as -per the attached Kitchen equipment List.. 'Metal Halide 'Light Fixtures (or equal) will'be installed to uniformly light the gymnasium playing :and spectator areas at 30-foot candies average as required by the current iES standards: . -Light fixture'in the storage electric room will be fluorescent light. R Light fixtures in the restroom will be vandal -resistant. . ■ -A fire alarm service will be designed 'and installed in the gymnasium- building.. ■ Three (3).fire.extinguishers will be provided at the gymnasium area to meet NFPA and . Florida Building Code requirements. -■ An automatic wet -pipe Fire Sprinkler System will be installed in accordance with the NFPA-13 200.2 standards, . ai The building mechanical HVAC 'System will :be a split .DX Unit System designed with high efficiency packaged •type .air-co.oled chiller. A metal cage will be • provided to .enclose the unit. • A lightning .protection system in accordance with NFPP..780 and UL Publication _96A shall be installed for the storage building. :General Notes & Provisions •,■ RDC will provide :all civil, landscape, irrigation., architectural, structural, mechanical, plumbing and electrical plans necessary to permit and construct the proposed project. ■ RDC will be responsible for obtaining focal and state permits. (Ail fees are reimbursable). ■ RDC will be responsible. for the revision of the DERM drainage improvement permit. (All fees are reimbursable). ■ .RDC shall be responsible for obtaining Miami Dade Water & Sewer approval for revisions to .the. existing :for Water •& Sewer Improvements. _(All _ fees are reimbursable). ■ RDC requests -that as this is an addition to the project, the retainage for the previous contract will be released after the close documents have been delivered to and approved by CIF and before the final completion of the new gymnasium building. Gibson Park Phase II: Gymnasium Building with Concession - Page4 of b ▪ Warranties for the previous contract will not be extended to the completion of the gymnasium building. ■ Phase 2, Class it permit revision drawings will be provided by RDC as per meeting with Zoning Department. Notes ▪ The demolition of the remaining concession building is included 1n :this proposal. Exclusions ▪ Miami 21 Code Compliance • - Zoning Approvals and Zoning Permit Fees = WASA required improvement to the existing Water and Sewer Service ■ Fees for utility upgrade for WASA requirement No LEED Certification. = Planning and Zoning:permits The:total price for the above scope of work and service is; Two Million, Four Hundred .Ninety.Eight Thousand Two Hundred Eight Dollars $2,498,2O8.00. ff you•have any questions., please feel free to contact me at.-{954) 566-3.885. We look forward to working With you and haying this project completed in a timely manner for your use. Thank -you. Sincerely, Recreftip nayl.esign & Construction, 'Inc. C. Cerrone ill, President ‘.3abs105-325 Gibson PerklGyrnnasium Buildrn3 PHASE 21March Sumbitted1GIbapn Park New•Gymnasium 03-02-12 Frial.doc Attachments: Site Plan Floor Plan & Elevation Proposal Breakdown Kitchen Equipment List Gibson Park Phase 11: Gymnasium Building with Concession-'Page.5 of 5 DESCRIPTION RECREATIONAL DESIGN E. CONSTRUCTION, 1NG. emusxs C06.0. Wad - Date n3!02/12 GIBSON PARK : PHASE 11 SCH£UULE OF VALUES Gymnasium Building with Kitchen Concession DUANT. UNIT UNIT COST AMOUNT Design Fees ( Including Kitchen Consutlatnts) Builders Risk Insurance Permit Fees ( Allowance) Pre Construction Administration Project management and Supervision General Conditions Demolish Remainder.of Concession Building Earthwork and Grading Drainage.Adjustrnents & Swales Water and Fire Line Extensions (Connected to existing 12" mains) Sanitary Sewer & Greas Trap ( Connected to existing mains) Asphalt Paving, curbs and Marking Concrete Sidewalks, and Concrete Walkways trriaation Extensions Landscaping , Shrubs, Ground Cover & Sod Gymnasium Building Structure Doors and Hardware Glazing Covered Canopy Extension (To cover South Entry Door) Cabinetry and Shelving Stucco Finishes Drywall Finishes Ceramic Tiles & Epoxy Flooring Sports Flooring & Marking Painting Signage and Specialties Basket Ball Equipment Retractable Bleachers (250 Total Seating Capacity) Basket Ball Scoreboard 1 1 i 1 '1 1 1 1 1 -1 1 1 1 1 1 1 .1 1 1 1 1 ulosDrl r-an. uyfn with L.oncessiun Ls Ls Ls Ls Ls Ls Ls Ls 'Ls Ls Ls Ls Ls Ls Ls Ls Is .Ls Ls Ls Ls Ls Ls Ls Ls Ls Ls Ls Ls $ $ $ $ $ $ $ $ $ $ $ $ • 215,000 $ 9,500 5 10,000 15,650 $ 105,000 • $ 102,315 • 12,350 • 34,700 $ 10.500 $ 9,000 8,500 53,000 1,000 5 7.200 $ 27,850 5 468,00D $ 18,600 S 22,995 $ 26;500 • 13,500 $ 75,400 $ 27,300 5 27,390 $ 80,500 $ 36,900 $ 10.300 5 47,000 $ 39,780 5 12,600 Wall Padding Curtain Divider Ceiling Acoustical Panels Kitchen Equipment,Hood, Counters and Shelving. Fire Protection Mechanical and Plumbing Kitchen Plumbing, Gas and Ventilaifion Electrical, Lighting ,Fire Alarm and Lighting Protection 1 1 1 1 '1 1 1 1 Ls Ls Ls Ls Ls Ls Ls Ls $ - $ - $ $ - $ - $ - $ - $ - $ 10,500 $ 9,875 $ 9,800 $ 75,000 $ 38,000 $ 192,500 $ 40,855 $ 273,600 Sub -Total $ 2,181,460 , Overhead and Fees $ 261.7751 $ 54,973 1 2% Bond & Insurances 2.250% ESTIMATE TOTAL '$2,498,208 I Gibson Park Gyrn with Concession O3_02_12xis 3/2J2012 RECREATIONAL L ESIG•N & CONSTRUCTION, INC.. 3990 North Poweriine Road, Fort Lauderdale, Florida 33309 (954) 556-3885 • Fax (954) 566-3335 • Email: joe@reereationaldesign-cam GIBSON PARK PHASE II Kitchen/Concession Equipment ITEM PART NUMBER/ NAME Shelving Wire - 3 ea Work Table w/ Sink Wall Mounted Shelf - 2 ea Mop•Sink Utility Faucet Wall Mount Hand Sink French Fry Warmer Gas Fryer Counter Unit Low Profile Gas Charbroiler Reach In Refrigerator Griddle GasCounter Unit Microwave Oven Undercounter Refrigerator 3 Compartrnent 'Sink Stainless Steel Cooks Counter Nacho Chips .Dispenser • Warmer, Nacho -Cheese Coffee Maker Dispenser, Ice Tea/ ice Coffee Ice Maker for Beverage Dispenser PaperCup Dispenser Beverage Dispenser, Electric Popcorn Machine ice Cream -Merchandiser Hot Dog Steamer Spike Toaster S/S Condiment and Napkin Shelf 8 ft Kitchen Hood Advance Tabco Advance Tabco Advance Tabco Advance Tabco Fisher Industries Advance Tabco By Hatco By Imperial Industries By Vulcan Industries 49 cu ft Unit By True Food Equipment By Imperial Industries Amana Products 23 cu ft Unit By True Food Equipment With Dryboards by Advance Tabco Custom Model w/ Hand Sink-- Emjac By Star Mfg. Industries By Star Mfg. Industries Bunn-O-Matic by Bunn industries By Bloomfield Industries . Manitowac A.J Antunes & .Co. Grindmaster By Star Mfg. Industries 4.3 cu ft Unit by Master Bilt By Equipex By Equipex Custom Model - Emjac Fabrications Standard w/ Ansul .System Gibson Park Phase 11 Kitchen/Concession Equipment 1 /11/2012 B Q 0 0 z" Og� 00 J LL tat IKE ul L I I FYI I � 1 ,G-J9I i e p Y z 2 >- o_ z 0 U) JNJWRY 6, 201