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