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HomeMy WebLinkAboutBack-Up DocumentsRafael Cabezas Emeritus Chairman Mariano Cruz Chairman Angel Gonzalez Vice -Chairman AL LAPATT BUSINESS EVELOPMEN 1 AUTHORITY, INC. February 13, 2014 Mr. George Mensah Director, Community Development Dept. City of Miami Miami, Fl. Guillermo Novo Sampol Treasurer Dear Mr. Mensah: Rodovaldo Valdes Secretary We, respectfully, are hereby requesting an extension until April 1, 2014 to begin and December 30, 2014 to complete the affordable housing construction of six twin homes units in the three lots located at 3245 NW 11 Ct., 3255 NW 11 Ct., and 790 NW 29 Terr., Miami, FL 33142. Each unit will have 3 bedrooms and 2 bathrooms. ABDA has already concluded a contract with a certified Florida general contractor, who is willing to provide financing for the amount not covered by the City of Miami agreement. ABDA has already signed a note to the contractor to that effect, not to be recorded pending approval of the agreement with the City. All the requested documents have already been submitted to the City. Sinter heco Interim Director 801 NW 37 Ave., Suite 212, Miami FL 33125 -Ph: 305-635-3551 -Fax: 305-634-6124 email: abdatlallapattahbusiness.com General Contractor Agreement ABDA & SAMA Construction, Inc. This AGREEMENT is made between the Owner, Allapattah Business Development Authority (ABDA) 801 NW 37Ave, Suite # 212, Miami, FL 33125, and the Contractor, SAMA Construction Inc., 8290 Snapper Creek Dr., Miami, FL 33143, for Three (3) Twin Homes in three (3) separate lots, located at 3245 NW 11 Ct, 3255 NW 11 Ct and 790 NW 29 Terr., Miami, FL 33142 . The projects `Architect is Anne Jackaway, 2630 SW 28 St., Coconut Grove, FL 33133 The Owner and Contractor agree as follows: ARTICLES' Table of Contents: 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Changes in the Work 6. Time 7. Payments and Completion of Work 8. Protection of Persons and Property 9. Insurance and Bonds 10. Correction of Work 11. Miscellaneous Provisions 12. Termination of the Contract 13. Other Conditions ARTICLE 1 GENERAL PROVISIONS 1.1 The Contract The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations and agreements either written or oral. The Contract may be amended or modified only by written modification in accordance with Article Changes in The Work 1.2 The Contract Documents The Contract Documents consist of: a) This Agreement signed by the Owner and Contractor; b) The drawings, specifications and addenda prepared by the Architect, in accordance with the requirements established by the Owner, c) Modifications issued after execution of the Contract signed by both parties. 1.3 The Project The Project is the total construction of three (3) affordable housing twin homes (as per U.S. HUD defmitions in three (3) lots, located at 3245 NW 11 Ct:, 3255 NW 11 C and 790 NW 29 Terr:, Miami, FL 33142 including all labor, materials, equipment and services required by the drawings and specifications of the Contract Doeuments. ABDA SAMA Construction Contract CM ]mill lots Page 1 of 14 General Contractor Agreement ABDA & SAMA Construction, Inc. 1.4 The Work The term "Work" means the construction and services required by the Contract Documents, and includes all other labor, materials, equipment and services provided, or to be provided, by the Contractor to fulfill the Contractor's obligations. 1.5 intent The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. 1.4 Ownership & Use of Drawings, Specifications & Other Documents prepared by the Architect The drawings, Specifications and other documents prepared by the Architect are Instruments of Service through which the Work to be executed by the Contractor is described. The Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contractor are for use solely with respect to this Project. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents ARTICLE 2 OWNER 2.1 Information and Services Required of the Owner 2.1.1 The Owner shall furnish the Contractor, at the beginnings of the Contract, record legal title an statement of the record legal title on which the Project is located — survey, site, and the Owner's interest on them. 2.1,2 The Owner shall furnish to the Contractor, prior to commencement of the Work, reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. For this Project, the Owner (ABDA) has requested financial support from the City of Miami —final approval pending --, and to finance the retnainingpart of the Contract by the Contractor. 2.1.3 Except for permits and fees, which are the responsibility of the Contractor, the Owner shall secure and pay for necessary approvals, easements, assessments and changes required for construction. 2.2 Owner's Right to Stop the Work If the Contractor fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, until the cause for such order has been eliminated. ABDA SAMA Construction Contract CM Inn lots Page 2 of 14 General Contractor Agreement ABDA & SAMA Construction, Inc. 2.3 Owner's Right to Carry out Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Contract Sum shall be adjusted to deduct the cost of correction from payments due the Contractor. 2.4 Owner's Right to Perform Construction and to award Separate contracts 2.4.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project. 2.4.2 The Contractor shall coordinate and cooperate with the Owners own forces and separate contractors employed by the Owner. 2.4.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. ARTICLE 3 CONTRACTOR 3.1 Review of Contract Documents and Field Conditions by Contractor 3.1.1 Execution of the Contract by the Contractor is a representation that the Contractor visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 3.1.2 The Contractor shall carefully study and compare the Contract Documents with each other and with Information furnished by the Owner. Before commencing activities, the Contractor shall (1) Take field measurements and verify field conditions; (2) Carefully compare this and other information know to the Contractor with the Contract Documents; and (3) Promptly report error inconsistencies or omissions discovered to the Architect. 3.2 Supervision and Construction Procedures 3.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work, 3.2,2 The Contractor, as soon as practicable after award of the Contract, shell furnish in writing to the Owner through the Architect the names of subcontractors or suppliers for ABDA SAMA construction Contract CM itifihl lots Page 3 of 14 General Contractor Agreement ABDA & SAMA Construction, Inc. each portion of the Work. The Contractor shall not contract with any subcontractor or supplier to whom the Owner or Architect have made a timely and reasonable objection. 3.3 Labor and Materials 3.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay tor labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work. 3.3.2 The Contractor shell enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract Work, The Contractor shall not permit employment of uaf t persons or persons not skilled in tasks assigned to them. 3.4Warranty The Contractor warrants to the Owner and Architect that: (1) materials and equipment furnished under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Documents; (2) the Work will be free from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of the Contract Documents. 3.5 Taxes The Contractor shall pay sales, consumer, use and similar taxes that are legally required when the Contract is executed. 3.6 Permits, Fees, and Notices 3.6.1 The Contractor shall obtain and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. 3.6.2 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. 3.6.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules, and regulations, or lawful orders of public authorities, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. The Contractor shall promptly notify the Architect in writing of any known inconsistencies in the Contract Documents with such governmental laws, rules and regulations. 3.7 Contractor's Construction Schedule The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. ABDA SAMA Construction Contract CM infill lots Page 4 of 14 General Contractor Agreement ABDA & SAMA Construction, inc. 3.8 Shop Drawings, Product Data, Samples and similar submittals required The Contractor shall promptly review, approve in writing and submit to the Architect Shop Drawings, Product Data, Samples an similar submittals required by the Contract Documents. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. 3.9 Use of Site The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, the Contract Documents and the Owner. 3.9 Cutting and Patching The Contractor shall be responsible for cutting, fitting or patching required completing the Work or to make its parts fit together properly. 3.10 Cleaning Up The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. At the completion of the Work, the Contractor shall remove its tools, construction equipment, machinery and surplus material; arid shall properly dispose of Waste materials. 3.11 Indemnification To the fullest extent permitted by law, the Contractor shall indenmify and hold harmless the Owner, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claims, damage, lass or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they niay be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 Architect's Administration of the Contract 4.1.1 The Architect will provide administration of the Contract as described in the Contract Documents. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. 4.1.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work and to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract documents. The Architect will not have control over or charge of, and will not be responsible for, constriction ABDA SAMA Construction Contract CM [nfli lots Page5of14 General Contractor Agreement ABDA & SAMA Construction, Inc. means, methods, techniques, sequences or procedures, or tor safety precautions and program in connection with the Work, since these are solely the Contractor's responsibility. 4.1.3 The Architect will not be responsible lbr the Contractor's failure to carry out the Work in accordance with the Contract Documents. 4.1.4 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due to the Contractor and will issue Certificates for Payment in such amounts. 4.1.5 The Architect has authority to reject Work that does not conform to the Contract Documents. 4.1.6 The Architect will promptly review and approve or take appropriate action upon the Contractors submittals, but only for the limited purpose of checking conformance with information given and the design concept expressed in the Contract Documents. 4.1.7 The Architect will promptly interpret and decide matters concerning performance under, and requirement of, the Contract Documents and written request from either the Owner or Contractor. 4, 1.8 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. 4.1.9 The Architect's duties, responsibilities and limits of authority as described in the Contract Documents shall not be changed without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. ARTICLE 5 CHANGES IN THE WORK 5.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly in writing. If the Owner and Contractor cannot agree to a change in the Contract Sum, the Owner shall pay the Contractor actual cost plus reasonable overhead and profit, 5.2 The Architect will have authority to order minor changes in the Work not involving changes in the Contract Sum or the Contract Time and not inconsistent with the ABDA SAMA Construction Contrast CM tnfill lots Page 6 of 14 General Contractor Agreement ABDA & SAMA Construction, Inc. changes in the Contract Sum or the Contract Time and not inconsistent with the intent of the Contract Documents. Such orders shall be in writing and shall be binding on the Owner and Contractor, The Contractor shall carry out such orders promptly. 5.3 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from these conditions ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable adj ustment. ARTICLE 6 TIME 6.1 Date of Commencement The number of calendar days available to the Contractor to substantially complete the work is the Contract Time. The date of commencement of the work shall be the date when he City ofMiatni gives final approval to the financial funding v f'this Contract. 6.2 Date of Substantial Completion The Contractor shall substantially complete the Work (six affordable housing units), no later than two hundred and seventy (270) calendar days from the date of commencement, subject to adjustments provided under this Contract Documents. 6.3 Time limits stated in the Contract Documents are of the essence of the Contract. b.2 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, or by labor disputes, fire, unusla! delay in deliveries, unavoidable casi'Alties or adjustment, the Contract Schedule would be adjusted accordingly. In the case of unjustifiable delays, the Contractor may incur in a penalty of $50. 00 per day with a maximum total of $2, 000.00. ARTICLE 7 PAYMENTS AND COMPLETION 7.1 Contract Sum 7.1.1 Subject to additions and deductions in accordance with Article 10, the Contract Sum is: $750,000.00 ($250,000.00 for each Twin Home) 7.1.2 For purposes of payment, the Contract Sum includes the following values related to portions of the work: a) Plans & drawings. b) Permitting, inspections and related fees, if any. (impact fees to be waived) c) Contracting and supervision of subcontractors, sub -subcontractors, material men, and all those individuals necessary to complete the project on a timely manner. d) Project management and supervision. e) Ordering and safely storing all the materials and supplies to complete the project 7.1.3 The Contract Sum stated in the Agreement, including authorized adjustments, is ABDA SAMA Construction Contract CM lnfill lots Page 7 of 14 General Contractor Agreement ABDA & SAMA Construction, Inc. under the Contract Documents. 7.2 Applications for Payment 7.2.1 At least ten days before the date established for each progress payment, the Contractor should submit to the Architect an itemized Application for Payment for Work completed in accordance with the values stated in the Agreement. Such Application shall be supported by data substantiating the Contractor's right to payment as the Owner or Architect may reasonably require, and reflecting retainage if provided in the Contract Documents. 7.2.2 If approved in advance by the Owner and the City of Miami, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner and the City of Miami, payment may similarly be made for materials and equipment stored, and protected from damage, offthe site at a location agreed upon in writing. 7.2.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application. for Payment, all Work which Certifies for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner's interests. 7.3 Certificates for Payment 7.3.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor; for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part. 7.3.2 The issuance of a Certificate for Payment will constitute a representation to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. 7.4 Progress payments ABDA SAMA CSenstruction Contract CM lnfill lots Page 8 of 14 General Contractor Agreement ABDA & SAMA Construction, Inc. the stage, the Owner shall pay the Contractor, in accordance with Article 12, as follows: (Per Twin Home) 1. Site Work $ 20,000 2. Footing $ 20,000 3. Slab $ 20,000 4. T-Bean $ 20,000 5. Roof Sheathing $ 20,000 6. Rough -ins $ 20,000 7. Exterior Plaster $ 20,000 8. Flooring $ 20,000 g1Cabinets $ 20,000 0. Final $ 20,000 o $ 70,000 11gR 7.4.2 Payments due and unpaid, a}ter-appr-ova1-and-payment to -Owner --by theCityof _ - Miami, under the Contract Documents shall bear interest from the date payment is due at twelve (12) percent annually. 7.4.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner provided in the Contract Documents, after proper approval and payment to the Owner by the City of lvfiarni. 7.4.2 The Contractor shall promptly pay each subcontractor and supplier, upon receipt of payment from the Owner, an amount determined in accordance with the terms of the applicable subcontracts and purchase orders. 7.4.3 Neither the Owner nor the Architect shall have responsibility for payments to a subcontractor or supplier. 7.4.4 A Certificate. for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. 7.5 Substantial completion 7.5.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work tor its intended use. 7.5.2 When the Work or designated portion thereof is substantially complete, the Architect will make an inspection to determine whether the Work is substantially complete. When the Architect determines that the Work is substantially complete the Architect shall prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall ABDA SAMA Construction Contract CM BIM lots Page 9 of 14 General Contractor Agreement ABDA & SAMA Construction, Inc. shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 7.6 Final Completion and Final Payment 7.6.1 Upon receipt of final Application for Payment, the Architect will inspect the Work. When the Architect finds the Work acceptable and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment. 7.6,2 Final payment shall not become due until the Contractor submits to the Architect releases and waivers of liens, and data establishing payment or satisfaction of obligations, suchas receipts, claims, security interests or encumbrances arising out of the Contract. 7.6.3 Acceptance of final paymentby the Contractor, a subcontractor, or material supplier shall constitute a waiver, of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 8 PROTECTION OF PERSONS AND PROPERTY 8.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Contract. 8 . 2 The Contractor shall make reasonable precautions to prevent damage, injury or loss to employees on the Work, the Work and materials and equipment to be incorporated therein, and other property at the site or adjacent thereto. 8.3 The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable. ARTICLE 9 INSURANCE AND BONDS 9.1 Contractor's Liability Insurance The Contractor shall provide Contractors' General Liability and other insurance as follows: Contractor's Worker's Compensation Certificate, Contractor's Worker's Compensation Certificate for each subcontractor, Contractor and each subcontractor Third party Liability Limit of Liability as required by the City of Miami $ 300,000 9.2 Owner's Liability Insurance 9.2.1 The Owner shall provide property insurance o n a b u i l d e rs risk "all risk' s to cover the value of the Owner's property, including any Work provided ABDA SAMA Construction Contract CM Infill lots Page 10 of 14 General Contractor Agreement ABDA & SAMA Construction, Inc. under this Agreement. The Contractor is entitled to receive an increase in the Contract Sum equal to the insurance proceeds related to a loss or damage to the Work covered by the Owner's property insurance to cover the cost, including labor or replacing the damaged Work. 9.3 The Contractor shall obtain an endorsement to its general liability insurance policy to cover the Contractor's obligations under Section above. 9.4 Each party shall provide certificates of insurance showing their respective coverage prior to commencement of the Work. 9.5 Unless specifically precluded by the Owner's property insurance policy, the Owner and Contractor waive all rights against (1) each other and any of their subcontractor's suppliers, agents and employees, each of the other: and (2) the Architect, Architect's consultants and any of their agents and employees for damages caused by fire or other causes of lass to the extent covered by property insurance or other insurance applicable to the Work. 9.6 Contractor's Performance Bond The Contactor shall obtain and maintain during the execution of the Contract a performance bond in the amount required by the City of Miami. ARTICLE 10 CORRECTION OF WORK 10.1 The Contractor shall promptly correct Work rejected by the Architect as failing to conform to the requirements of the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work, including the costs of uncovering, replacement and additional testing. 10.2 In addition to the Contractor's other obligations including warranties under the Contract, the Contractor shall, for a period of one year after Substantial Completion, correct work not conforming to the requirements of the Contract Documents. 10.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it and request payment from the Contractor, ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 Assignment of Contract Neither party to the Contract shall assign the Contract as a whole without written consent of the other. 11.2 Tests and Inspections 11.2.1 At the appropriate times, the Contractor shall arrange and bear cost of tests, inspections and approvals of portions of the Work required by the Contract ARDA SAMA Construction Contract CM Jnfill lots Page 11 of 14 General Contractor Agreement ABDA & SAMA Construction, Inc. Documents or by laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. I 1,2.2 If the Architect requires additional testing, the Contractor shall perform those tests. 11.2.3 The Owner shall bear cost of test, inspections or approvals that do not become requirements until after the Contract is executed. 11.3 Governing Law The Contract shall be governed by the law of the state of Florida. ARTICLE 12 TERMINATION OF THE CONTRACT 12.1 Termination by the Contractor If the Architect fails to certify payment as provided in Section 7.3 for a period of 30 days through no fault of the Contractor, or if the Owner fails to make payment as provided in Section 7.4.1 for a period of 30 days, the Contractor may, upon seven additional days' written notice to the Owner and the Architect terminate the Contract and recover from the Owner payment for Work executed including reasonable overhead and profit, and costs incurred by reason of such termination. 12.2 Termination by the Owner for Cause 12.2.1 The Owner may terminate the Contract if the Contractor: a) Repeatedly refuses or falls to supply enough properly skilled workers or proper materials; b) Fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the subcontractors; c) Persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or is otherwise guilty of substantial breach of a provision of the Contract Documents. 12.2.2 When any of the above reasons exist, the Owner, after consultation with the Architect, may without prejudice to any other rights or remedies of the Owner and, after giving the Contractor and the Contractor's surety, if any, seven days written notice, terminate employment ofthe Contractor and may: a) Take possession of the site and of all materials thereon owned by the Contractor, and b) Finish the Work by whatever reasonable method the Owner may deem expedient. 12.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 12.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 12.2.4 If the unpaid balance of the Contract Sum exceeds cost of finishing the Work, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall ABDA SAMA Construction Contract CM infiii lots Page 12 of 14 General Contractor Agreement ABDA & SAMA Construction, Inc. 12.3.2 The Contractor shall be entitled to receive payment for Work executed, and costs incurred because of such termination, along with a reasonable overhead and profit on the Work not executed. ARTICLE 13 OTHER CONDITIONS 13.1 Contractor Financing 13.1.1 Contractor agree to finance Fifty Thousand Dollars and No Cents ($50,000.00) of the Contract Sum of each Twin Home for a total of One Hundred and Fifty Thousand Dollars and No Cents ($150,000.00) for a period of ten year at six (6) percent yearly interest. 13.1.2 Contractor's financing will be secured by a first lien on each property. 13.1.3 Payment will commence sixty (60) days after C.O. is issued. 13.1.4 Monthly payment $ 555.10 per Twin Home; Monthly payment on $ 150,000, at 6% annual rate, 10 years: $1,665.31 This Agreement entered into as of the day and year first written above. 13.2 City of Miami's additional requirements: Incorporate in the contract City of Miami's Minority Procurement Ordinance and all applicable regulations and other requirements of the City and the Owner (ABDA) agreement and other conditions /approvals that the City may deem necessary. (See Attachment I - City of Miami SECTION 3 & MBBIWBEIDBE CLAUSE) 13.2.1 Incorporate the language of the Certificate Regarding Lobbying. 13.2.2 The general contractor shall comply with the Davis -Bacon, the Copeland -Anti -Kick Back Act, the Control Work Hours and Safety Standards, the Lead Based Paint Poisoning Preventive Act, the Residential Land Based Paint Hazard Reduction Act, 13.2.3 ABDA is not responsible for any insurance or other fringe benefits for the general contractor, its consultants or its employees that are normally available to direct employees of ABDA. 13.2.4 The general contractor assumes full responsibility for the provision of all insurances and fringe benefits for the employees retained by him/her/it in carrying the Scope of services provided in the subcontract with ABDA 13.2.5 All subcontracts of ABDA shall abide by the record keeping and audit requirements detailed in the agreement between the City of Miami and ABDA. ABDA SAMA Construction Contract CM Infill lots Page 13of14 M IEJWBE/DBI C! ALEIS A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 1701u (Section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance of HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very tow -income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to camp* with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees lo send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of . thecontractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and tralntng positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin, O. The contractor agrees to include this Section 3 clause In every subcontract subject to compliance with regulations In 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is In violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract Is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not tiled to circumvent the contractor's obligations under CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result In sanctions, termination of this contract for default, and debarment er suspension from future HUD assisted contraots. A. yiBEIWBE/DBE (i) The Development Partner's selection policy and procedures shall foster the utilization of minority -owned businesses and women -owned businesses. A minority business enterprises ("MBEs") and women business enterprises (INNBES") combined utilization goal of not leas than twenty-five percent (25%) of the total contract value shall be required on all contracts. 01) The Development Partner shall comply with Section 3 of the Housing and Urban Development Act of 1968 and the Implementation regulations at 24 C.F.R, part 135 (the 'Section 3 Plan). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance shall be, to the greatest extent feasible, directed to low and very low-income persons, particularly those who receive HUD assistance for housing. 47-7A-c—Al E1,37 (Hi) The Development Partner shall formulate plans for MBEs and WBEs participation and Section 3 Hiring on terms approved by the Authority, The Hiring and Training Pions shall specify how affirmative action and resident hiring requirements shall be imposed, how the Authority's minority goals shall be met, and how all requirements of Section 3 of the Housing and Urban Development Act of 1958, as amended, shall be met, with respect to the Development In accordance with the Section 3 Plan and the Section 3 plans, programs and policies of the Authority, The Hiring and Training Plans shall be applicable to services rendered by the Development Partner, any Owner Entity and their respective contractors and subcontractors. The Development Partner shall implement or cause the Owner Entities to implement the Hiring and Training Plans, as approved byte Authority. (iv) The Development Partner shell make affirmative outreach efforts to publicize training, employment end subcontracting opportunities. Notice shall be put in local newspapers and flyers shalt be distributed as appropriate, Local unions, elected officials and training organizations shall also be notified. The Development Partner's efforts under the Section 3 Plan shall be documented monthly, and as evidenced by the execution of this Agreement, the Development Partner certifies that it is under no contractual or other impediment that would prevent compliance with 24 CFR Part 135. B. ,MBE and WEE PerticIpation. To achieve greater participation of MBEs and WelEs in contracts administered directly or indirectly by the Authority pursuant to Executive Orders 11825 and 12138, the Developer agrees to use its good faith best efforts to: (1) place qualified MBEs and WBEs and small business concerns on solicitation lists; (2) divide the Development Services into smaller tasks or quantities to permit maximum participation by MBEs and WBEs and small business concerns; (3) use the services and assistance of the U.S. Small Business Administration, the Minority Business Development Agency of the U.S. Department of Commerce, any local minority assistance organizations and various state and local government small business agencies; (4) comply with such additional requirements relating to MBEs, WBEs, and Section 3 as set forth In the hiring and training plans developed by the Owner Entity, and approved by the Authority (the "Hiring and Training Puns") C. MBEs/WBEs Ref►ot Each quarter, the Developer shalt, and shall cause each Subcontractor to prepare and submit to the Owner Entity the Section 3, MBEs and WBEs report In the form prescribed by the Owner Entity. D. Section 3. The Developer shall, and to the extent practicable shall require its Subcontractors to, ensure that employment opportunities shall be directed to: (1) the Authority's public housing residents, then (2) low income residents of Miami Dade County In accordance with the Hiring and Training Plans. E. Local i"election. The Development Partner agrees to use best efforts, eonsistent with Applicable Public Housing Requirements and the selection policy and procedures set forth, as amended from time to time in the sole discretion of the Authority, to expend not less than twenty-five percent (25%) of all expenditures for goods end services relative to the construction and operation of the Development, with vendors and companies located in the Miami -Dade County area. All documentation to support this commitment and, determination that the commttment has been met, shall be subject to the final approval of the Authority. initials; General Contractor Agreement ABDA & SAMA Construction, Inc. 13.2.5 The general contractor assumes full responsibility for the provision of all insurances and fringe benefits for the employees retained by him/her/it in carrying the Scope of services provided in the subcontract with ABDA 13.2.6 All subcontracts of ABDA shall abide by the record keeping and audit requirements detailed in the agreement between the City of Miami and ABDA. This AGREEMENT is made (Date) BETWEEN the Owner And the Contractor, For the following Project The Architect is: Allapattah Business Development Authority, Inc. 801 NW 37 Ave, # 212 MiarrA, FL 3312 SAMA Construction Inc. 6290 Snapper Creek Dr. Miami, FL 33143 3 TWIN HOMES Anne Jackaway 2630 SW 28 St. Coconut Grove, FL 33133 AUVA SAMA Construction Contract CM Infili lots Page 14 of 14 SAMA Construction& Inc. Allapattah Building Development (twin Homes) Construction Time -Line ID Name Duration Predecessors start Finish 2 Supply Construction Agreement dui` 1nt: i Yft: 'r• v on Review & Finalize Plans 28d S Review & Finalize Specifications 14d 4 �S Review & Finalize Site Plan ld Print Construction Drawings 2d 4,5 8 Approve Revised Plans ld 7 ; : :.:.;...'' r l0 Distribute_ Plans & Specifications 10d. 11 Receive Bids 2d 10 12 •:+ Execute Sub's Agreements 2d 11 14 Stake lot Id 15 Walk Lot w/ Owner ld 14 16 County Permit Process 20d 17 Building Permit Approved 20d 16 fig'. ...,. y'I1:: ;:'..•. _::• :.: '•,.. ,. . _.....:,.::..... ... 19 Stake Lot for Excavation ld 17 _r _, u... ... • 20 Excavate for foundation 2d 19 , 22 Layout footings 2d 20 23 Footings & Install Reinforcing 2d 22 24 Footing inspection Id 23 25 Pour footings ld 24 26 Build Block Foundation ld 25 27 Foundation Inspection id 26 28 Steel 2d 27 29 Fill Bieck Cores w/ Concrete ld 28 30 Set Lintels, Bolts, Cap Block 2d 29 27 ld 32 Termite Treatment _. 33 Pour Slab id 32 .�k r " ..'eyp-, ^"3!i':'�•'. ..r . . s ... 35 Set Roof Trusses 1d 29,30 ., ... .,. 36 Frame Roof 3d 35 37 Wail Framing id 36 38 Install Roof Plywood 2d 36 57 39 Install Windows & Doors 1d 37 41 HVAC Layout & Measure ld 32 42 HVAC Rough -in 2d 41 43 HVAC Rough -in Inspection ld 42 45 Plumbing Layout &Measure 1c ..:. 32 46 Plumbing rough -in 2d 45 47 Plumbing Raugh-in Inspection ld 46 49 Electric Layout & Measure _ ld 32 5Electric Rough -In 3d 49 51 Set Electric Boxes ld 50 2 Ins all Electric Service Panel 2d 51 53 Electrical Rough -wire 3d 52 55 Telephone System Rough -in ld 32,52 56 Television System Rough -In ld 32,52 Electrical Inspection id 53,55,56 58 Framing Inspection 1d 43,47,57 60 Roofing Paper Installed 1d 35, 61 Install Roof Shingles 2d 63 Exterior Trim 2d 61 6S Caulk & Air Seal ld 58 66 Draft & Fire Stop Od 65 67 Insulation 1d 66 68 insulation inspection 1d 70 71 Hang Drywall 2d Tape and Finish Drywall 2d 72 Sand drywall 1 2d 74 76 77 Install Ceramic Tile 5d 7 Prime Paint Drywall 1d 74 Prune Trim ld 76 78 Finish Coat Trim 79 0 81 Finish Coat Drywall 1d 77 2d 78 Caulk Exterior Windows & Doors ld 79 Finish Coat Exterior Trim 1d 80 83 84 Install Interior Doors Install interior Trim 1.d 79 ld 83 • 85 install Cabinetry 86 Install Appliances 2d 84 ld 85 88 Install Grills/Registers for Paint ld 79 89 Set Outdoor Units ld 81 91 Set Fixtures ld 79 92 , Connect Appliances 93 Final Plumbing Inspection ld 86 95 Rough Final Grade ld 89 96 Landscape site 2d 3 98 Switch & Plug 99 Install Fixtures onnect Appliances 95 2d 85 ld 100 id 100 0 102,10 Front & Rear Elevation Scale: 1/8" + f-c " Side Elevation Opposite Side is an identical reverse Scale: aj8" = i'-o" PI, 45' Zoning; T3-o 324.5 North Westuth CSLUM_City of Miami 3255 North West nth Court, City of giami iots tage Lot each Lot Area:598o SF Each Unit has no SP tinder HVAC aa40 Each Unit has an 88 SF Patio = 376 6F 50% Maximum Allowable Floor Acea: ano SF Lot Coverage Provided: ..,icto.eip PaXIChlg 3 1 Unif tf Tandem Unit Tandem Parking a 6.5' xi,6' Sid thack Bedroom z Master Bed.roonT Unit B nzo SP under HVA.0 ii8 Sir Patio North West lith Court Tit -- ---- 7" - Unit A Tandem Parking t x Unit A • Ili thift.AaTdin . '21 T114121 Elie..: Parldng 2 • kill 8.5' X18' - cif!: 1,... !, -.-(.. ,.., 1 iv 1 ._ _,_itio•e,, : .... , - i'• ,'..........1jlitt A . • n" - - ' Patio Dining Path; 8' X 141' Unit13 Gird - Master Bedroom. Den/jJ Bedroom 3 le X le. Unit A 11211 SF under HVAC 88 SF Patio SitiC Setback 3' Zoning • 7 0 NasWest xyferraee. City of Mama • 50' Secondary -front], „ Side Street Setback xo' • Unit li - ma SF under HVAC 88 SF Patio • • 50' x x35 Lot Lut Area: Soo SF Each Unit has ma SF tinder 11VAC = azqu SP Each Unit has an 88 SF Patio =176 SF 60%Maximum Allowable ik Floor Area; 405u sr Lot Coverage Provided: 33..5.% North West29 Terrace Unit C Gatden tat/ edroom 3 Ile dine- in- 2 Master , Bedroom at'x13' M1_ Utuit 11� Tandem Parking t 8' xx8' Unit i) tandem Parkins x as • Living Area Sidewalk r .tri Unir C Tandem rl Parkingt 8.5raiS' Unit C Tandem Parking 2 .5'XOS' Master Bedrooin Bedroom Z iledrtaom 3 , xo'xxn', i� ", 1 Patio 8'xto' s ' Unit t) Garc-fen Unit C 12o SF under HVAC N ratio e Setback 5' Side Setback $' r• Unit B 112,) SF under IIVAC 8$ ST Patio Zonthi: 334,5„Norrth West nth Court, City of filiarni 32;5 1Yortil4(P5t DaLCiIiirt. City of Miami .210th at 4$' x saa' IX)} tad. Lothrea: $58a Each Unit has 11.20 SF tinder IIVAC 2a40SF Each Unit has an 88 SF Patio /76 SF 5o% Maximum Allowable im Floor Area: riga SF - Lot Coverage Provided: 40,14% UniEB. Tandem Parking s x S. Unit B Tandem Parking a, x Unit B. ilorth West1st Court Sidewalk . Unit A Tandem Parking Unit A Gaiiien. Uilit A Tandem 1 :i, Parking a Ut t"-rder7 Unit Imo SF under IIVAC 88 SF Patio id e Setback 5' Zoning: Ta,R 790 N ot_th West 2.9th Terrace, Citx.oi' Miaaili i 5o'x155 Lot Lot Area: 675a S1' Each Unit has nao SF under HVAC z240 SF Each Unit has an 8S SF Pa do .176 SF 60% Maximum Allowable i Floor Area: 4o5o SF Lot Coverage Provided: 35ay% North West 29th Terrace , Unit C Garden 1 .1 Secondary Front/. Side Street Setback t Unit i7 ton SF under 11VA 88 SF Patio Unit• 13 Tandem Parking t x r8' Unit D Tandem Yea +iainu • Sidewalk Patio 8'xio' Unit C Tandem Parlcia,g 5.5 xt8' Unit C Tandem [t Parking 11. S 'xi8' Unit D Gardeat Unit C uao SF under HVAC 88 SF Patio • aback 5' �' �111yi{i 11111111111111111111111111111111111111111 This Instrument Prepared By and Return To: Ninoshka A. Reyes, Esq. City of Miami Office of the City Attorney 444 S.W. 2N1) Avenue Miami, Florida 33130-1910 Property Address: 3245 N.W. 1 1th Court, Miami, Florida 3255 N.W. 1 lth Court, Miami, Florida 1.4 20 I I R 06v83669 OR FEE( 27855 F.r 4745 — 4750; (6pss) RECORDED 10 12/2011 1 :28::3 HARV'EY RUVIHF CLERK OF COURT MIAMI--DACE CiDUNTY'r FLORIDA SECOND AMENDED CORRECTIVE CITY DEED THIS AMENDED CORRECTIVE CITY DEED is made as of the 3 day of C --0 b-e.Y , 2011, by the City of Miami, a municipal corporation of the State of Florida, with an address at 444 S.W. 2nd Avenue, Miami, Florida 33130 (hereinafter referred to as the "City") to Allapattah Business Development Authority, Inc., a not for profit corporation with offices at 2634 NW 21St Avenue, Miami, Florida 33142 (hereinafter referred to as the "Grantee"). WITNESS: That the City, for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by the Grantee, receipt of which is hereby acknowledged, does hereby remise, release, convey and quit -claim unto the Grantee, its heirs and its assigns, subject to the right of reverter set below, all of the City's rights, title and interest in that certain land situated in Miami -Dade County, Florida, hereinafter referred to as the "Property", to wit: As described in Exhibit "A" attached hereto and made a part hereof, and hereinafter referred as the "Property". This Second Corrective City Deed conveys only the interests of the City in the Property described herein, and shall not warrant title thereto. This Second Corrective City Deed is made and executed upon, and is subject to, the following conditions, restrictions and covenants, which are part of the consideration for the Property conveyed and are taken and construed as running with the land: 1. The Grantee agrees for itself and its successors and assigns that for a period of twenty (20) years from the completion of construction, as evidenced by the receipt of all required certificates of occupancy for both homes hereinafter described, the Property shall only be used to provide Two (2) owner occupied twin home (four (4) single-family homes) for individuals and/or families within the economic affordability range of low income families and/or individuals, based on criteria established by federal and/or state law or by the City Commission of the City of Miami, and shall be subject to the covenants set forth hereunder. THIS DEED CORRECTS CONDITIONS/RESTRICTIONS STATED IN PARGRAPH NUMBERS 1 AND 2 IN THAT CERTAIN CITY DEED DATED APRIL 10, ' 2009 RECORDED MARCH 28, 2009, IN OFFICIAL RECORDS BOOK 26880, AT PAGE 44 OF THE; PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. NAR: Document No.: 287088 2. Grantee shall commence the construction of one (1) owner occupied twin home (the "Improvements") on the Property on or before July 1, 2012, or such later date as may be approved by the City Commission of the City of Miami, and shall continue diligently with the construction of the Improvements to completion. Construction shall be completed, as evidenced by the receipt of all required certificates of occupancy for both such homes on or before December 30, 2012 or such later date as may be approved by the City Commission of the City of Miami. 3. The Grantee agrees for itself and its successors and assigns, not to discriminate upon the basis of race, color, religion, marital status, sex or national origin in the sale of the Property, or any Improvements erected or to be erected thereon or on any part thereof. 4. The Grantee agrees for itself and its successors and assigns, to pay the real estate taxes and assessments on the Property or any part thereof when due. In the event that the Property is declared to be "immune" or "exempt" from the payment of ad valorem taxes, the Grantee agrees for itself and its successors and assigns, to pay to the City an annual payment which shall be in an amount equal to the amount the City would have received as ad valorem taxes based on the valuation method employed by the county property appraiser pursuant to Chapter 193 Florida Statutes, (1997), as amended from time to time. 5. Grantee agrees for itself and its successors and assigns not to suffer any levy or attachment to be made, or any materialman's or mechanic's lien, or any encumbrance or lien to attach to the Property, except: a) Any mortgage(s) in favor of an institutional lender for the purpose of financing any hard costs or soft costs relating to the construction of the Improvements in an amount(s) not to exceed the value of the Improvements as determined by an appraiser acceptable to the City; b) Any mortgage(s) in favor of any lender refinancing any mortgage of the character described in clause (a) hereof, in an amount(s) not to exceed the value of the Improvements as determined by an appraiser acceptable to the City. For purposes of this paragraph an "institutional lender" shall mean any bank, savings and loan association, insurance company, foundation or other charitable entity, real estate or mortgage investment trust, pension fund, the Federal National Mortgage Association, agency of the United States Government or other governmental agency, Miami -Dade County, the City and their respective successors and assigns. 6. Grantee shall not transfer the Property or any part thereof, or change the ownership or control of the Grantee, without the prior written consent of the City. The restrictions, conditions and covenants set forth in Sections 1 through 6 of this Second Corrective City Deed shall be deemed covenants running with the land and shall NAR: Document No.: 287088 2 be binding to the fullest, extent permitted by law and equity, and enforceable by, for the benefit and in favor of, the City. The City shall have the right to exercise all the rights and remedies and to maintain any and all actions or suits at law or in equity, as it deems appropriate to enforce the foregoing restrictions, conditions and covenants. The restrictions, conditions and covenants set forth in Sections 1 through 6 of this Second Corrective City Deed shall be binding for a period of twenty (20) years from the completion of construction as provided above, at which time, the Property shall no longer be subject to the restrictions, conditions and covenants contained in this Second Corrective City Deed. In the event the Grantee or its successors or assigns shall violate or otherwise fail to comply with any of the restrictions, conditions and covenants set forth in this Corrective City Deed, the Grantee or its successors or assigns shall correct or cure the default/violation within thirty (30) days of notification of the default by the City (the "Cure Period"). If Grantee or its successors or assigns fails to remedy the default within the Cure Period, the City shall have the right to reenter and take possession of the Property or any portion of the Property. It is the intent of this conveyance that it is made upon the condition that, in the event of any default, failure or violation of any such condition which is not cured within. the Cure Period, title to the Property shall immediately and automatically revert to the City. IN WITNESS WHEREOF, the City has caused this Second Corrective City Deed to be executed the day and year first above written. City of Miami, a municipal corporation of the State of Florida Signed, sealed and delivered in�our `presence: � By: Pr' t Name: rint Name: Approved as To Form And Correctness: Julie O. Bru City Attorney .L`((-2Cr Joy Martine Cij Manager Attest: Priscilla A. Thompson City Clerk to -3r1 NAR: Document No.: 287088 3 STATE OF FLORIDA ) SS COUNTY OF DADE The foregoing instrument was acknowledged before me this ra day of OC-k 1< 7 . 2011 by JOHNNY MARTINEZ as City Manager of the City of Miami, a municipal corporation of the State of Florida, who is personally known to me and who did/did not take an oath. Printed Name: 1.-15,-H c.L� Q1Sfitif "")(6 PS r Notary Public �`°`��Q�°•S\kA T::e9 9 e4 ..... O pg1SSJD4/ \$) %. b t\ 29, 2pr 9 e My Commission Exjre$:� ' ,' :, :,-* : ®ems #DO 766769 ; 1 � '. lBondedth���.°�Q} . The foregoing convey,'"° pursuant to Resolution No. 09-0028 of the City Commission of the City eft 0°,'itiunicipal corporation of the State of Florida, passed and adopted on January 15, 2009. The foregoing amendment was approved pursuant to Resolution No. 11-0120 of the City Commission of the City of Miami, a municipal corporation of the State of Florida, passed and adopted on March 24, 2011. A copy of Resolution Numbers R-09-0028 and R-11-0120 is attached hereto as Exhibit NAR: DocumentNo.: 287088 4 Exhibit A Legal Description 3245 N.W. 11th Court, Miami, Florida Lot 2, Block 11, of BUENA VISTA PARK AMENDED RESUBDWISION, according to the Plat thereof, as recorded in Plat Book 27, page 43, of the Public Records of Miami - Dade County, Florida. 3255 N.W. 11th Court, Miami, Florida Lot 1, Block 11, of A RESUBDIVISION OF BLOCKS 9 AND 10 OF THE AMENDED PLAT OF BUENA VISTA PARK, according to the Plat thereof, as recorded in Plat Book 27, page 43, of the Public Records of Miami -Dade County. NAR: Document No.: 287088 5 C Y , 2 7 855 4-7F.0 L ST PAGE Exhibit B Resolution No. 09-0028 of the City Commission of the City of Miami, passed and adopted on January 15, 2009. Resolution No. 11-0120 of the City Commission of the City of Miami, passed and adopted on March 24, 2011. STATE OF FLORIDA, COUNTY OF DADE ! HEREBY CERTIFY that this Is a true copy of the original fried in this office o 2---.____day of WITNEJmyan''al Seal. HARVE,WINJ , CL K, of Cyr 4 and County Courts By vim/ NAR: DocumentNo.: 287088 6 This Instrument Prepared By and Return To: Ninoshka A. Reyes, Esq. City of Miami Office of the City Attorney 444 S.W. 2ND Avenue Miami, Florida 33130-1910 Property Address: 790 N.W. 29th Terrace, Miami, Florida SECOND AMENDED CORRECTIVE CITY DEED THIS AMENDED CORRECTIVE CITY DEED is made as of the day of , 2011, by the City of Miami, a municipal corporation of the State of Florida, with an address at 444 S.W. 2nd Avenue, Miami, Florida 33130 (hereinafter referred to as the "City") to Allapattah Business Development Authority, Inc., a not for profit corporation with offices at 2634 NW 21st Avenue, Miami, Florida 33142 (hereinafter referred to as the "Grantee"). WITNESS: That the City, for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by the Grantee, receipt of which is hereby acknowledged, does hereby remise, release, convey and quit -claim unto the Grantee, its heirs and its assigns, subject to the right of reverter set below, all of the City's rights, title and interest in that certain land situated in Miami -Dade County, Florida, hereinafter referred to as the "Property", to wit: As described in Exhibit "A" attached hereto and made a part hereof, and hereinafter referred as the "Property". This Second Corrective City Deed conveys only the interests of the City in the Property described herein, and shall not warrant title thereto. This Second Corrective City Deed is made and executed upon, and is subject to, the following conditions, restrictions and covenants, which are part of the consideration for the Property conveyed and are taken and construed as running with the land: 1. The Grantee agrees for itself and its successors and assigns that for a period of twenty (20) years from the completion of construction, as evidenced by the receipt of all required certificates of occupancy for both homes hereinafter described, the Property shall only be used to provide one (1) owner occupied twin home (single-family home) for individuals and/or families within the economic affordability range of low income families and/or individuals, based on criteria established by federal and/or state law or by the City Commission of the City of Miami, and shall be subject to the covenants set forth hereunder. THIS DEED CORRECTS CONDITIONS/RESTRICTIONS STATED IN PARGRAPH NUMBERS 1 AND 2 IN THAT CERTAIN CITY DEED DATED APRIL 10, 2009 RECORDED MARCH 28, 2009, IN OFFICIAL RECORDS BOOK 26880, AT PAGE 4487, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. NAR: Document No.: 287089 1 2. Grantee shall commence the construction of one (1) owner occupied. twin home (the "Improvements") on the Property on or before January 1, 2012, or such later date as may be approved by the City Commission of the City of Miami, and shall continue diligently with the construction of the Improvements to completion. Construction shall be completed, as evidenced by the receipt of all required certificates of occupancy for both such homes on or before June 30, 2012 or such later date as may be approved by the City Commission of the City of Miami. 3. The Grantee agrees for itself and its successors and assigns, not to discriminate upon the basis of race, color, religion, marital status, sex or national origin in the sale of the Property, or any Improvements erected or to be erected thereon or on any part thereof. 4. The Grantee agrees for itself and its successors and assigns, to pay the real estate taxes and assessments on the Property or any part thereof when due. In the event that the Property is declared to be "immune" or "exempt" from the payment of ad valorem taxes, the Grantee agrees for itself and its successors and assigns, to pay to the City an annual payment which shall be in an amount equal to the amount the City would have received as ad valorem taxes based on the valuation method employed by the county property appraiser pursuant to Chapter 193 Florida Statutes, (1997), as amended from time to time. 5. Grantee agrees for itself and its successors and assigns not to suffer any levy or attachment to be made, or any materialman's or mechanic's lien, or any encumbrance or lien to attach to the Property, except: a) Any mortgage(s) in favor of an institutional lender for the purpose of financing any hard costs or soft costs relating to the construction of the Improvements in an amount(s) not to exceed the value of the Improvements as determined by an appraiser acceptable to the City; b) Any mortgage(s) in favor of any lender refinancing any mortgage of the character described in clause (a) hereof, in an amount(s) not to exceed the value of the Improvements as determined by an appraiser acceptable to the City. For purposes of this paragraph an "institutional lender" shall mean any bank, savings and loan association, insurance company, foundation or other charitable entity, real estate or mortgage ,investment trust, pension fund, the Federal National Mortgage Association, agency of the United States Government or other governmental agency, Miami -Dade County, the City and their respective successors and assigns. 6. Grantee shall not transfer the Property or any part thereof, or change the ownership or control of the Grantee, without the prior written consent of the City. The restrictions, conditions and covenants set forth in Sections 1 through 6 of this Second Corrective City Deed shall be deemed covenants running with the land and shall NAR: Document No.: 287089 2 be binding to the fullest extent permitted by law and equity, and enforceable by, for the benefit and in favor of, the City. The City shall have the right to exercise all the rights and remedies and to maintain any and all actions or suits at law or in equity, as it deems appropriate to enforce the foregoing restrictions, conditions and covenants. The restrictions, conditions and covenants set forth in Sections 1 through 6 of this Second Corrective City Deed shall be binding for a period of twenty (20) years from the completion of construction as provided above, at which time, the Property shall no longer be subject to the restrictions, conditions and covenants contained in this Second Corrective City Deed. In the event the Grantee or its successors or assigns shall violate or otherwise fail to comply with any of the restrictions, conditions and covenants set forth in this Corrective City Deed, the Grantee or its successors or assigns shall correct or cure the default/violation within thirty (30) days of notification of the default by the City (the "Cure Period"). If Grantee or its successors or assigns fails to remedy the default within the Cure Period, the City shall have the right to reenter and take possession of the Property or any portion of the Property. It is the intent of this conveyance that it is made upon the condition that, in the event of any default, failure or violation of any such condition which is not cured within the Cure Period, title to the Property shall immediately and automatically revert to the City. IN WITNESS WHEREOF, the City has caused this Second Corrective City Deed to be executed the day and year first above written. Signed, sealed and delivered in our presence: CO* d G. Ce-4 Print Name: aarl /-4j1CfLe/._ rint Name: Approved as To Form And Correctness: Julie ru City Attorney City of Miami, a municipal corporation of the State of Florida By: o P y Martinez Ci i anager Attest: Priscilla A. Thompson City Clerk NAR: Document No.: 287089 3 STATE OF FLORIDA ) SS COUNTY OF DADE The foregoing instrument was acknowledged before me this , 2011 by JOHNNY MARTINEZ as City Manager Miami, a municipal corporation of the State of Florida, who is personally and who did/did not take an oath. Printed Name:bold Notary Public \��,�1A TBQ My Commission Exg�s°t��n\s, sioN°•. E- e . ®.o fir: f, ▪ • #DD 766769 :T. The foregoing cone d pursuant to Resolution No. 09-0028 of the City Commission of the Cif i4i .°�mnunicipal corporation of the State of Florida, passed and adopted on January 15, %td0. z: day of of the City of known to me The foregoing conveyance was approved pursuant to Resolution No. 11-0120 of the City Commission of the City of Miami, a municipal corporation of the State of Florida, passed and adopted on March 24, 2011. A copy of Resolution Numbers R-09-0028 and R-11-0120 is attached hereto as Exhibit "B" NAR: DocumentNo.: 287089 4 Exhibit A Legal Description 790 N.W. 29th Terrace, Miami, Florida Lot 1, Block 2, BOULEVARD PARK, according to the Plat thereof, as recorded in Plat Book 7, page 55, of the Public records of Miami -Dade County, Florida. NAR: DocumentNo.: 287089 5 Exhibit B Resolution No. 09-0028 of the City Commission of the City of Miami, passed and adopted on January 15, 2009. Resolution No. 11-0120 of the City Commission of the City of Miami, passed and adopted on March 24, 2011. NAR: Document No. : 287089 6