HomeMy WebLinkAboutSEOPW CRA 2017-03-21 Agenda PacketCity of Miami
819NW2ndAve
3rd Floor
Miami, FL 33136
http://miamicra. com
Meeting Agenda
Tuesday, March 21, 2017
4:00 PM
Camillus House
1603 N.W. 7th Ave., Bldg. B
Miami, FL 33136
SEOPW Community Redevelopment Agency
Keon Hardemon, Chair
Wifredo Gort, Vice Chair
Ken Russell, Board Member, District Two
Frank Carollo, Board Member, District Three
Francis Suarez, Board Member, District Four
SEOPW CRA OFFICE ADDRESS:
819 NW 2ND AVE, 3RD FLOOR
MIAMI, FL 33136
Phone: (305) 679-6800 I Fax (305) 679-6835
www.miamicra.com
Southeast Overtown/Park West CRA Meeting Agenda
March 21, 2017
CALL TO ORDER
APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
1. SOUTHEAST OVERTOWN/PARK WEST CRA - REGULAR - JAN 30, 2017
5:00 PM
PUBLIC COMMENTS
CRA RESOLUTION
1. CRA RESOLUTION INPUT TEMP W/O FINANCIAL IMPACT
1997 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY ACCEPTING THE RECOMMENDATION OF THE SELECTION
COMMITTEE OF THE TOP RANKED DEVELOPMENT FIRM FOR REQUEST
FOR PROPOSALS 17-01 TO DEVELOP MULTIFAMILY HOUSING
DEVELOPMENTS AT 1611 NW 3RD AVENUE & REAR PARKING LOT AT
1490 NW 3RD AVENUE ("PROPERTIES"); AUTHORIZING THE EXECUTIVE
DIRECTOR TO FINALIZE AND EXECUTE A DEVELOPMENT AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, WHICH INCLUDES THE
OPTION TO LEASE OR SELL THE PROPERTIES TO THE TOP RANKED
PROPOSER BASED ON THE PROPOSAL SUBMITTED BY THE TOP
RANKED PROPOSER; FURTHER AUTHORIZING THE EXECUTIVE
DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID
PURPOSE.
File # 1997 Exhibit A
File # 1997 Backup
City of Miami Page 2 Printed on 3/14/2017
Southeast Overtown/Park West CRA Meeting Agenda
March 21, 2017
2. CRA RESOLUTION
1974 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY AUTHORIZING A GRANT, IN AN AMOUNT NOT TO EXCEED
$112,000, TO SUITED FOR SUCCESS, INC. TO UNDERWRITE COSTS
ASSOCIATED WITH THE PROVISION OF JOB TRAINING AND OTHER
EMPLOYMENT SUPPORT SERVICES TO JOB SEEKERS FROM THE
REDEVELOPMENT AREA; AUTHORIZING THE EXECUTIVE DIRECTOR TO
EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE;
FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE
FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR
DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND
SATISFACTORY DOCUMENTATION; FUNDS TO BE ALLOCATED FROM
SEOPW TAX INCREMENT FUND, ENTITLED "OTHER GRANTS AND AIDS,"
ACCOUNT CODE NO. 10050.920101.883000.0000.00000.
File # 1974 Backup
3. CRA RESOLUTION
1975 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY AUTHORIZING A GRANT, IN AN AMOUNT NOT TO EXCEED
$225,000, TO HEADLINER MARKET GROUP, INC. TO UNDERWRITE
COSTS ASSOCIATED WITH THE PRODUCTION OF THE 2017 OVERTOWN
MUSIC & ARTS FESTIVAL, SCHEDULED TO OCCUR ON JULY 15, 2017;
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL
DOCUMENTS NECESSARY FOR SAID PURPOSE; FURTHER
AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT
HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO
VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY
DOCUMENTATION; FUNDS TO BE ALLOCATED FROM SEOPW TAX
INCREMENT FUND, ENTITLED "OTHER GRANTS AND AIDS," ACCOUNT
CODE NO. 10050.920101.883000.0000.00000.
File # 1975 Backup
City of Miami Page 3 Printed on 3/14/2017
Southeast Overtown/Park West CRA Meeting Agenda
March 21, 2017
4. CRA RESOLUTION
1977 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY, AUTHORIZING A GRANT, IN AN AMOUNT NOT TO EXCEED
$200,000, TO NEIGHBORS AND NEIGHBORS ASSOCIATION, INC., TO
UNDERWRITE COSTS ASSOCIATED WITH THE CONTINUED OPERATION
OF THE BUSINESS INCUBATOR AND DEVELOPMENT PROGRAM
("PROGRAM"); FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO
EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE;
AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT
HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO
VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY
DOCUMENTATION; ALLOCATING FUNDS FROM SEOPW, "OTHER
GRANTS AND AIDS," ACCOUNT CODE NO.
10050.920101.883000.0000.00000.
File # 1977 Backup
ADJOURNMENT
City of Miami Page 4 Printed on 3/14/2017
4.1
SEOPW Board of Commissioners Meeting
March 21, 2017
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
INTER -OFFICE MEMORANDUM
To: Board Chair Keon Hardemon Date: March 14, 2017 File: 1997
and Members of the CRA Board
Subject: Resolution Accepting Selection of Top
Ranked Proposer to RFP 17-01
From: Clarence E. Woods, (fa-)
Executive Director
Enclosures: File # 1997 Exhibit A
File # 1997 Backup
BACKGROUND:
The attached Resolution of the Board of Commissioners of the Southeast Overtown/Park West
Community Redevelopment Agency ("CRA") accepts the recommendation to select the top ranked
development firm for Request for Proposals ("RFP") 17-01 to develop multifamily housing at 1611 NW 3rd
Avenue & the Rear Parking Lot at 1490 NW 3rd Avenue ("Properties"). This Resolution also authorizes
the execution of a development agreement, in substantially the attached form, which includes the option
to lease or sell the Properties to the top ranked proposer.
The CRA owns 1611 NW 3rd Avenue & the Rear Parking Lot at 1490 NW 3rd Avenue. On February 15,
2017, the CRA issued RFP 17-01 seeking qualified developers to develop multifamily housing on the
Properties. The RFP asked proposers to submit a detailed development concept highlighting bedroom
and income eligibility mixes and affordability. The RFP also allowed for the CRA to enter into a lease
agreement or sale agreement with the top ranked proposer.
It is recommended that the CRA accept the selection committee's ranking for RFP 17-01.
JUSTIFICATION:
Chapter 163.380, Florida Statutes details the requirements for disposal of CRA owned property within a
community redevelopment area.
Section 2, Goal 3 at page 11, of the Southeast Overtown/Park West Community Redevelopment Agency
Plan ("Plan") lists the "creati[on of] infill housing, diversity in housing types, and retaining affordable
housing," as a stated redevelopment goal. Section 2, Goal 6, at page 11, of the Plan lists "improving
quality of life for residents" as A stated redevelopment goal.
Section 2, Principle 2 at page 14, of the Plan provides that "[t]he neighborhood ... retain access to
affordable housing...."
FUNDING:
This Resolution does not commit funding.
Packet Pg. 5
4.1
Southeast Overtown/Park West
Community Redevelopment Agency
File Type: CRA Resolution Input Temp w/o Financial Impact
Enactment Number:
File Number: 1997 Final Action Date:
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ACCEPTING
THE RECOMMENDATION OF THE SELECTION COMMITTEE OF THE TOP RANKED
DEVELOPMENT FIRM FOR REQUEST FOR PROPOSALS 17-01 TO DEVELOP
MULTIFAMILY HOUSING DEVELOPMENTS AT 1611 NW 3RD AVENUE & REAR
PARKING LOT AT 1490 NW 3RD AVENUE ("PROPERTIES"); AUTHORIZING THE
EXECUTIVE DIRECTOR TO FINALIZE AND EXECUTE A DEVELOPMENT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WHICH INCLUDES THE
OPTION TO LEASE OR SELL THE PROPERTIES TO THE TOP RANKED
PROPOSER BASED ON THE PROPOSAL SUBMITTED BY THE TOP RANKED
PROPOSER; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE
ALL DOCUMENTS NECESSARY FOR SAID PURPOSE.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency
("CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida
Statutes, and is responsible for carrying out community redevelopment activities and projects
within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West
Redevelopment Plan ("Plan"); and
WHEREAS, Chapter 163.380, Florida Statutes details the requirements for disposal of
CRA owned property within a community redevelopment area;" and
WHEREAS, Section 2, Goal 3, at page 11, of the Plan lists the "creati[on of] infill
housing, diversity in housing types, and retaining affordable housing," as a stated
redevelopment goal; and
WHEREAS, Section 2, Goal 6, at page 11, of the Plan lists "improving quality of life for
residents" as a stated redevelopment goal; and
WHEREAS, Section 2, Principle 2, at page 14, of the Plan provides that "[t]he
neighborhood ... retain access to affordable housing ... ;" and
WHEREAS, the CRA owns 1611 NW 3rd Avenue & Rear Parking Lot at 1490 NW 3rd
Avenue ("Properties") and issued Request for Proposals ("RFP") 17-01 seeking qualified
developers to develop multifamily housing on the Properties; and
WHEREAS, the RFP asked proposers to submit a detailed development concept
highlighting bedroom and income eligibility mixes and affordability and allowed for the CRA to
enter into a lease agreement or sale agreement with the top ranked proposer; and
Page 2 of 3
Packet Pg. 6
4.1
WHEREAS, it is recommended that the CRA accept the selection committee's ranking
for RFP 17-01; and
WHEREAS, the Board of Commissioners wish to accept the selection committee's
recommendation for RFP 17-01 and to authorize the Executive Director to finalize and execute
a development agreement with the top ranked proposer, in substantially the attached form,
based upon the proposal submitted by the top ranked proposer;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. The Board of Commissioners hereby accepts the selection committee's
recommendation for RFP 17-01 and authorizes the Executive Director to finalize and execute a
development agreement with the top ranked proposer, with respect to the properties located at
1611 NW 3rd Avenue & Rear Parking Lot at 1490 NW 3rd Avenue ("Properties"), in substantially
the form attached hereto as Exhibit "A", which includes the option to lease or sell the Properties
to the top ranked proposer based up on the proposal submitted by the top ranked proposer.
Section 3. The Executive Director is authorized to execute all documents necessary
for the purposes set forth above.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Page 3 of 3
Packet Pg. 7
4.1.a
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is made as of the day of
March, 2017, by and between , a
limited liability company (the "Developer"), and the SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency
and body corporate created pursuant to Section 163.356, Florida Statutes (the "CRA").
RECITALS
A. The Southeast Overtown/Park West Project area was designated as a community
redevelopment area (the "Redevelopment Area") by Miami -Dade County, a political subdivision
of the State of Florida (the "County"). A redevelopment plan was approved by the Commissioners
of the City of Miami and the Commissioners of Miami -Dade County with certain redevelopment
authority granted by the County to the City for project implementation. The City assigned to the
CRA the redevelopment authority granted by the County to the City.
B. The CRA issued a request for proposals (the "RFP") for the development of that
certain real property located within the Redevelopment Area which is more particularly described
on Exhibit "A" (the "Property") together with other property.
C. In response to the RFP, Developer submitted a proposal for the development of the
Property, as more particularly described in the proposal submitted by the Developer (the
"Proposal").
D. Based upon the evaluation of the Proposal by the selection committee appointed by
the executive director of the CRA (the "Executive Director") and subsequent negotiations between
the Executive Director and the Developer, the Executive Director has recommended to the Board
of Commissioners of the CRA (the "CRA Board") that the CRA enter into this Agreement with
the Developer for the development of the Property.
E. Pursuant to CRA Resolution Number CRA-R-17-
authorized the CRA to enter into this Agreement.
, the CRA Board
F. The CRA desires to convey a leasehold interest (or fee simple interest) in the
Property to the Developer subject to the terms and provisions of this Agreement and the Developer
desires to acquire the Property from the CRA for the development of the Project, as hereinafter
defined, subject to the terms and provisions of this Agreement.
NOW THEREFORE, for and in consideration of the sum of $10.00 and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and of the
covenants and agreements hereafter set forth, the parties agree as follows:
1. RECITALS. The recitals to this Agreement are true and correct and are
incorporated herein by reference and made a part hereof.
2. PROPERTY. The property to be leased or sold by the CRA to Developer pursuant
to the terms of this Agreement consists of the Property and all appurtenances belonging thereto,
Packet Pg. 8
4.1.a
including any and all rights, privileges and easements in any way pertaining thereto, all right, title
and interest of the CRA in and to any adjoining sidewalk and in and to any adjoining street or alley
and all right, title and interest of the CRA in permits and approvals issued by the applicable
governmental authorities relating to the use and development of the Property.
3. DEPOSIT. Within two (2) business days of the Effective Date of this Agreement,
Developer shall deliver to Holland & Knight LLP, as escrow agent (the "Escrow Agent"), the sum
of Thousand and No/100 Dollars ($ ,000.00) (the "Initial
Deposit"). (The Initial Deposit and the Additional Deposit, as hereinafter defined, together with
all interest accrued thereon, are collectively referred to as the "Deposit"). The Escrow Agent shall
hold the Deposit in a non -interest -bearing account.
4. INSPECTION PERIOD.
4.1 Inspections. Developer shall have until 5 p.m. on the ninetieth (90th) day
after the Effective Date, as hereinafter defined, (the "Inspection Period") to perform, at
Developer's sole cost and expense, such investigations and inspections of the Property the
Developer, in Developer's sole and absolute discretion deems appropriate, including, without
limitation, soil tests, zoning investigations, utility availability and environmental matters
(collectively the "Inspections") to determine whether the Property is acceptable to Developer, in
its sole discretion. Prior to performing any on -site Inspections, Developer shall provide at least
one (1) business day's prior written notice to the Executive Director (which may be delivered by
email) at 819 NW 2nd Avenue, 3rd Floor, Miami, Florida 33136, Phone: 305-679-6800; Facsimile:
305-679-6835; email: cwoods@miamigov.com (or such other CRA representatives as designated
by the Executive Director), which written notice shall provide reasonable detail regarding the type
and scope of Inspection(s) to be performed and the scheduled date and time for such Inspection(s)
and provide the Executive Director the opportunity to have a representative from the CRA present
at any such Inspection(s). Developer shall conduct such Inspection(s) in a manner so as to not
unreasonably interfere with the current use of the Property.
4.2 Restoration. Following any such Inspections, Developer shall promptly
restore the Property to the condition existing immediately prior to such Inspections. The
Inspections shall be conducted in accordance with all applicable laws and by licensed and insured
professionals, and Developer shall cause its inspectors to obtain, at Developer's sole cost and
expense, any and all licenses and permits required to conduct the Inspections, as applicable.
4.3 Disclosure. Developer agrees that in the event the need arises to notify,
under applicable laws, any federal, state or local public agencies of any conditions at the Property
as a result of the Inspections performed by Developer, its agents, employees, contractors and/or
representatives, Developer shall provide the Executive Director with any pertinent reports, written
material or other evidence of the condition requiring such disclosure, if any. Any required
disclosures shall be made directly by the CRA, and not Developer, to any such public agencies,
unless the Developer is required to make such disclosures by applicable law, and the CRA fails to
timely make such disclosures.
4.4 Indemnification. Developer shall assume all risks associated with the
Inspections and agrees to indemnify, defend and hold harmless the CRA of, from and against any
2
Packet Pg. 9
4.1.a
and all costs, losses, claims, damages, liabilities, expenses and other obligations (including,
without limitation reasonable attorney' s fees and court costs) to the extent arising from, out of or
in connection with or otherwise relating to the Inspections, including, without limitation, the entry
by any one or more of Developer's agents, employees, contractors and other representatives in or
upon the Property for the purpose of the Inspections; provided, however, that the foregoing
indemnification obligation of Developer shall not apply to the mere discovery of any adverse
findings relative to the Property by Developer or any of its agents, representatives or independent
contractors. The foregoing indemnification obligations of Developer shall survive the expiration
or termination of this Agreement.
4.5 Insurance. Developer shall, prior to entering the Property and performing
any Inspections, provide to the CRA evidence of insurance by Developer or its contractors, as
applicable, as specified in items I and IV on Exhibit "B" attached hereto, insuring against any
liability by any one or more of Developer, its agents, employees, contractors or other
representatives to the extent arising from, out of or in connection with or otherwise relating to the
entry by any one or more of Developer, its agents, employees, contractors or other representatives
in or upon the Property for the purpose of the Inspections. Developer shall provide the CRA with
a certificate of insurance evidencing such insurance coverage, identifying the CRA as an additional
insured thereon and which insurance coverage shall be kept in force until the expiration or early
termination of this Agreement.
4.6 Acceptance of Property. If for any reason whatsoever Developer, in its sole
discretion, determines during the Inspection Period that it does not wish to proceed with the
transaction contemplated by this Agreement, Developer shall have the absolute right to terminate
this Agreement by giving written notice of such termination to the CRA prior to the expiration of
the Inspection Period. Upon the CRA's receipt of such notice prior to the end of the Inspection
Period, this Agreement shall be deemed terminated and of no further force and effect and the
Escrow Agent shall promptly return the Initial Deposit together with any interest accrued thereon
to Developer, whereupon the parties shall be released and relieved from any liability or obligations
hereunder, except for those obligations which expressly survive the termination of this Agreement.
If Developer does not terminate this Agreement prior to the expiration of the Inspection Period,
then it shall be presumed conclusively that Developer has had adequate opportunity to review and
inspect all portions of the Property, including, without limitation, the environmental condition of
the Property and, Developer has determined that the condition of all portions of the Property are
satisfactory to Developer and Developer has accepted every portion of the Property in its "AS IS,
WHERE IS, WITH ALL FAULTS" condition.
4.7 No Lien. Developer shall not create or permit to be created any mechanic's
liens upon the Property, or any part thereof, as a result of the Inspections. If any lien shall at any
time be filed against the Property, or any part thereof in connection with the Inspections, Developer
shall cause same to be discharged or transferred to bond in accordance with applicable laws within
thirty (30) days after Developer first becomes aware that such lien has been recorded against the
Property. This provision shall survive the expiration or termination of this Agreement.
4.8 CRA Deliveries. Prior to the date of this Agreement, the CRA has provided
to Developer copies of all surveys, title policies and environmental studies which the CRA has
been able to locate with respect to the Property (collectively the "CRA Deliveries"). Any reliance
3
Packet Pg. 10
4.1.a
upon the CRA Deliveries is at the sole risk of Developer and the CRA makes no representations
or warranties, express or implied, with respect to the accuracy or completeness of the CRA
Deliveries, and any reliance upon same is at the sole risk of Developer.
4.9 Disclaimer of Representations by Developer. Developer hereby expressly
acknowledges and agrees that, except as specifically provided in this Agreement:
4.9.1 The CRA makes and has made no warranty or representation
whatsoever as to the condition or suitability of the Property for the Project.
4.9.2 The CRA makes and has made no warranty, express or implied, with
regard to the accuracy or completeness of any information furnished to Developer, and the CRA
shall not be bound by any statement of any broker, employee, agent or other representative of the
CRA.
4.9.3 The CRA has made no representations, warranties or promises to
Developer not explicitly set forth in this Agreement.
4.9.4 The CRA has made no representations or warranties, express or
implied, with regard to the neighborhood, that the Redevelopment Area will be developed, or as
to the precise type or quality of improvements that will be constructed within the Redevelopment
Area or the timing thereof.
4.9.5 The CRA makes and has made no representation or warranty,
express or implied, concerning any portion of the Property, its condition or other things or matters
directly or indirectly relating thereto or hereto, including, without limitation, no warranty as to
merchantability or fitness for any particular purpose or relating to the absence of latent or other
defects.
4.10 Developer specifically acknowledges that the transaction contemplated by
this Agreement and the time frame for performance by Developer under this Agreement is not
contingent upon the redevelopment of the Redevelopment Area, the removal of slum or blight
from the Redevelopment Area, the reduction of crime in the Redevelopment Area or the status of
any other projects in the Redevelopment Area.
4.11 Copies of Reports. Developer shall provide the CRA with copies of any
third party reports prepared for Developer regarding the physical condition of the Property within
ten (10) days of Developer obtaining the final reports from such third party. This provision shall
survive termination.
4.12 Additional Deposit. If Developer fails to terminate this Agreement prior to
the end of the Inspection Period, Developer shall deliver to Escrow Agent an additional deposit in
the amount of Thousand and No/100 Dollars ($ ,000.00) (the
"Additional Deposit") by wire transfer of federal funds within one (1) business day after the
expiration of the Inspection Period. The failure of Developer to make the Additional Deposit shall
result in the automatic termination of this Agreement in which event the Escrow Agent shall
promptly return the Initial Deposit to Developer and the parties shall be relieved from any liability
4
Packet Pg. 11
4.1.a
or obligations hereunder except for those obligations under this Agreement which expressly
survive termination.
5. AS -IS, WHERE IS, AND WITH ALL FAULTS CONDITION.
5.1 Developer does hereby acknowledge, represent, warrant and agree, to and
with CRA, that, (i) Developer is acquiring the Property in an "AS IS, WHERE IS, AND WITH
ALL FAULTS" condition with respect to any facts, circumstances, conditions and defects of all
kinds; (ii) CRA have no obligation to repair or correct any such facts, circumstances, conditions
or defects or compensate Developer for same; (iii) Developer is and will be relying strictly and
solely upon the advice and counsel of its own agents and representatives and such physical
inspections, examinations and tests of the Property as Developer deems necessary or appropriate
under the circumstances; (iv) Developer has had and will have, pursuant to this Agreement, an
adequate opportunity to make such legal, factual and other inquiries and investigations as
Developer deems necessary, desirable or appropriate with respect to the Property; (v) the CRA is
not making and has not made any warranty or representation, express or implied, with respect to
the Property as an inducement to the Developer to enter into this Agreement, or for any other
purpose, except as expressly set forth herein; and (vi) by reason of all of the foregoing, from and
after the Closing (as hereinafter defined), Developer shall assume the full risk of any loss or
damage occasioned by any fact, circumstance, condition or defect pertaining to the physical and
other conditions of the Property, regardless of whether the same is capable of being observed or
ascertained.
5.2 THE CRA HAS NOT, DOES NOT AND WILL NOT, WITH RESPECT
TO THE PROPERTY, MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY
LIMITED TO, ANY WARRANTY OF CONDITION OR MERCHANTABILITY, OR WITH
RESPECT TO THE VALUE, PROFITABILITY OR OPERATING POTENTIAL OF THE
PROPERTY.
5.3 Developer hereby releases the CRA from any liability, claims, damages,
penalties, costs, fees, charges, losses, causes of action, demands, expenses of any kind or nature or
any other claim it has or may have against the CRA resulting from the presence, removal or other
remediation of "Hazardous Materials" (as hereinafter defined) on or under the Property or which
has migrated from adjacent lands owned by third parties to the Property or from the Property to
adjacent lands, except to the extent the presence of the Hazardous Materials was known to the
Executive Director and the Executive Director failed to notify Developer of the presence of the
same.
5.4 The term "Hazardous Materials" shall mean asbestos, any petroleum fuel
and any hazardous or toxic substance, material or waste which is or becomes regulated by any
local governmental authority, the state where the Property is located or the United States
Government, including, but not limited to, any material or substance defined as a "hazardous
waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance,"
"hazardous material" or "toxic pollutant" under state law and/or under the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq.
5
Packet Pg. 12
4.1.a
5.5 The provisions of this Section 5 shall survive any termination of this
Agreement and shall survive Closing.
6. TITLE AND SURVEY.
6.1 Developer shall obtain a title insurance commitment (the "Commitment")
and a survey (the "Survey") of the Property, at the Developer's sole cost and expense. The
Commitment and the Survey shall show the CRA to be vested in good and marketable fee simple
title to the Property, subj ect only to the following (the "Permitted Exceptions"):
6.1.1 Ad valorem real estate taxes and assessments for the year of Closing
and subsequent years.
6.1.2 All applicable laws, ordinances and governmental regulations,
including, but not limited to, all applicable building, zoning, land use, environmental ordinances
and regulations.
6.1.3 Any matters arising by, through, or under Developer.
6.1.4 Those matters listed on Exhibit "C" attached hereto and made a part
hereof.
6.2 Developer shall have until 5:00 p.m. on the ninetieth (90th) day following
the Effective Date (the "Title Review Period") to obtain and examine the Commitment and the
Survey. Developer shall promptly provide the CRA with a copy of the Commitment and the
Survey upon Developer's receipt of same. The survey shall be certified to Developer and the CRA.
If the Commitment and Survey reveals any particular condition of title other than the Permitted
Exceptions, Developer shall, no later than the expiration of the Title Review Period, notify the
CRA in writing of the defect(s). If Developer fails to give the CRA written notice of the defect(s)
prior to the end of the Title Review Period, the defect(s) shown in the Commitment and the Survey
shall be deemed to be waived as title objections and same shall be deemed to constitute Permitted
Exceptions for all purposes under this Agreement. If Developer has given CRA written notice of
defect(s) prior to the end of the Title Review Period other than the Permitted Exceptions, the CRA
shall elect within ten (10) days after receipt of written notice of the title defect(s) whether the CRA
will elect to attempt to cure the title defect(s). Failure of the CRA to respond within the ten (10)
day period shall be deemed the election of the CRA not to cure the title defect(s). If the CRA does
not elect to cure the title defect(s), Developer shall have the option, to be exercised within ten (10)
days after Developer receives written notice from the CRA that the CRA has elected not to cure
the title defect(s), of either (i) waiving the defect(s), in which event the defect(s) shall be deemed
to constitute a Permitted Exception under this Agreement, or (ii) canceling this Agreement, in
which event Escrow Agent shall return the Deposit paid to date, together with interest accrued
thereon, to Developer and the parties shall be released from any further obligations under this
Agreement, except for those obligations that expressly survive the termination of this Agreement.
If the CRA elects to attempt to cure the title defect(s), the CRA shall have sixty (60) days from
receipt of the written notice of defect(s) to use commercially reasonable efforts to cure same (the
"Cure Period"). If the CRA elects to cure the title defect(s), the CRA shall discharge any lien(s),
judgment(s) or other matters affecting title to the Property in a liquidated amount. The CRA shall
6
Packet Pg. 13
4.1.a
not be required to commence litigation to resolve any matters. In the event the CRA attempts to
cure the title defects and the CRA is not able to cure the defect(s) after using commercially
reasonable efforts prior to the end of the Cure Period, Developer shall have the option, to be
exercised within ten (10) days after the end of the Cure Period, of either (i) waiving the defect(s),
in which event the defect(s) shall be deemed to constitute a Permitted Exception under this
Agreement, or (ii) canceling this Agreement, whereupon Escrow Agent shall return the Deposit
paid to date to Developer and the parties shall be released from any further obligations under this
Agreement, except for those obligations that expressly survive the termination of this Agreement.
6.3 In the event of any new title defect(s) arising from and after the effective
date of the Commitment and prior to the Closing Date (as hereinafter defined), the CRA shall use
commercially reasonable efforts to cure such title defect(s) prior to the Closing Date. The CRA
shall discharge any lien(s), judgment(s) or other matters affecting title to the Property that are in a
liquidated amount. The CRA agrees not to enter into any amendment to the Declaration, or the
Declaration Amendment, without the written approval of the Developer, which approval shall not
be unreasonably withheld, conditioned or delayed. The CRA shall not be required to bring any
lawsuit(s) to cure any title defect(s) or expend any funds to cure any title defect(s) not in a
liquidated amount. In the event that the CRA is unable to cure the title defect(s) prior to the Closing
Date after using commercially reasonable efforts, Developer shall have the option on the Closing
Date of: (i) waiving the title defect(s) and accepting title "as is" whereupon the title defect(s) will
be deemed to constitute a Permitted Exception under this Agreement; or (ii) canceling this
Agreement, whereupon Escrow Agent shall return the Deposit to Developer and the parties shall
be released from all further obligations under this Agreement, except for those obligations that
expressly survive the termination of this Agreement.
7. ZONING APPROVALS. As of the Effective Date of this Agreement, the CRA
shall execute any documents and/or applications reasonably required by the Developer, which
documents must be executed by the record owner of the Property in connection with any zoning
or land use approvals or permit applications (the "Zoning Approvals") required to be obtained by
the Developer for the Project, to enable the Project to be developed in accordance with the
Proposal, provided such documents and applications do not impose any financial obligations or
liability upon the CRA. If Developer elects to terminate this Agreement during either the Title
Review Period or Inspection Period the Developer shall promptly withdraw the Property from any
applications for Zoning Approvals.
8. FINANCING. Developer shall ( ) days from the Effective Date (the
"Financing Period") to obtain either an award of 9% tax credits for the Project from the Florida
Housing Corp. in an amount of not less than and no/100 Dollars ($ ) (the
"Tax Credits") or a loan for the Project in the amount not less than $ (the
"Loan"). If Developer does not obtain the award of the Tax Credits or obtain a commitment for
the Loan by the end of the Financing Period, Developer may terminate this Agreement in which
event the Escrow Agent shall return the Deposit to the Developer in which event the parties shall
be released from all further obligations under this Agreement except for the obligations that
survive termination.
7
Packet Pg. 14
4.1.a
9. PROJECT.
9.1 Description of the Project. The project (the "Project") shall consist of (i)
not less than sixty (60) residential units as described in the Proposal, and (ii) a sufficient number
of parking spaces to comply with the applicable codes plus the Additional Parking Spaces, as
hereinafter defined.
9.2 Design of the Project. The Project shall be developed substantially in
accordance with the conceptual design documents attached hereto as Exhibit "D" (the "Conceptual
Design Documents").
9.3 Schematic Documents. Within ( ) days of the Effective
Date, the Developer shall submit to the Executive Director for its review and approval the
schematic design documents for the Project consisting of drawings and other documents (such as
an architectural site plan, floor plans and building elevations) illustrating the scale and relationship
of Project components (the "Schematic Documents"). The Schematic Documents shall be subject
to the approval of the Executive Director, which approval shall not be unreasonably withheld and
which approval shall be given if the Schematic Documents are consistent with the Conceptual
Design Documents. The Developer agrees to utilize its good faith efforts to make modifications
to the Schematic Documents to satisfy the requirements of the Executive Director if the Schematic
Documents are inconsistent with Conceptual Design Documents. The Developer shall provide to
the Executive Director such additional back-up information as the Executive Director may
reasonably request to enable the Executive Director to analyze the Schematic Documents. The
Executive Director shall have fifteen (15) days from the receipt of the Schematic Documents to
approve or disapprove same. If the Executive Director fails to respond within said fifteen (15) day
period, the Schematic Documents shall be deemed approved. In the event of disapproval, the
Executive Director shall specify the reason for such disapproval. In the event of disapproval,
Developer shall modify the Schematic Documents, as appropriate, to address the comments and
concerns of the Executive Director to cause the Schematic Documents to be consistent with the
Conceptual Design Documents. Any resubmission shall be subject to the approval of the
Executive Director in accordance with the procedure outlined above for the original submission
until same is approved or deemed approved by the Executive Director. The Executive Director
and the Developer shall, in good faith, attempt to resolve any disputes regarding the Schematic
Documents. If the Executive Director has rejected the Schematic Documents two (2) times, then,
following the second rejection, the Developer may elect to submit such dispute regarding the
approval of the Schematic Documents to the CRA Board for resolution. The Schematic
Documents as approved or deemed approved by the Executive Director shall mean the "Approved
Schematic Documents".
9.4 Design Development Documents. Within ( ) days of
the approval or deemed approval of the Approved Schematic Documents, the Developer shall
submit to the Executive Director for its review and approval the design development documents
for the Project consisting of building massing and elevations, exterior materials and color schemes,
fenestrations and a detailed description of all building systems for the Project (the "Design
Development Documents"). The Design Development Documents shall be subject to the approval
of the Executive Director, which approval shall not be unreasonably withheld and which approval
shall be given if the Design Development Documents are consistent with the Approved Schematic
8
Packet Pg. 15
4.1.a
Documents. The Developer agrees to utilize its good faith efforts to make modifications to the
Design Development Documents to satisfy the requirements of the Executive Director if the
Design Development Documents are inconsistent with Approved Schematic Documents. The
Developer shall provide to the Executive Director such additional back-up information as the
Executive Director may reasonably request to enable the Executive Director to analyze the Design
Development Documents. The Executive Director shall have fifteen (15) days from the receipt of
the Design Development Documents to approve or disapprove same. If the Executive Director
fails to respond within said fifteen (15) day period, the Design Development Documents shall be
deemed approved. In the event of disapproval, the Executive Director shall specify the reason for
such disapproval. In the event of disapproval, Developer shall modify the Design Development
Documents, as appropriate, to address the comments and concerns of the Executive Director to
cause the Design Development Documents to be consistent with the Schematic Documents. Any
resubmission shall be subject to the approval of the Executive Director in accordance with the
procedure outlined above for the original submission until same is approved or deemed approved
by the Executive Director. The Executive Director and the Developer shall in good faith, attempt
to resolve any disputes regarding the Design Development Documents. If the Executive Director
has rejected the Design Development Documents two (2) times, the Developer may elect to submit
such dispute regarding the approval of the Design Development Documents to the CRA Board for
resolution. The Design Development Documents as approved or deemed approved by the
Executive Director shall mean the "Design Documents".
9.5 Construction Documents. Developer shall use commercially reasonable
efforts to submit to the Executive Director for its review and approval Developer' s plans and
specifications for the construction of the Project, which shall be of sufficient detail to allow the
Developer to apply for a building permit for the Project (the "Plans and Specifications") within
( ) days of the approval or deemed approval of the Design Documents but no
later than the time Developer submits the Plans and Specifications in connection with its
application for a building permit for the Project. The Plans and Specifications shall be subject to
the approval of the Executive Director, which approval shall not be unreasonably withheld and
which approval shall be given if the Plans and Specifications are consistent with the Design
Documents in all material respects. The Developer agrees to utilize its good faith efforts to make
modifications to the Plans and Specifications to satisfy the requirements of the Executive Director
if the Plans and Specifications are inconsistent with Design Documents in any material respects.
The Developer shall provide to the Executive Director such additional back-up information as the
Executive Director may reasonably request to enable the Executive Director to analyze the Plans
and Specifications. The Executive Director shall have fifteen (15) days from the receipt of the
Plans and Specifications to approve or disapprove same. If the Executive Director fails to respond
in such fifteen (15) days period, the Plans and Specifications shall be deemed approved. In the
event of disapproval, the Executive Director shall specify the reason for such disapproval. In the
event of disapproval, Developer shall modify the Plans and Specifications, as appropriate, to
address the comments and concerns of the Executive Director to cause the Plans and Specifications
to be consistent with the Design Documents in all material respects. Any resubmission shall be
subject to the approval of the Executive Director in accordance with the procedure outlined above
for the original submission until same is approved or deemed approved by the Executive Director.
The Executive Director and the Developer shall in good faith, attempt to resolve any disputes
regarding the Plans and Specifications. If the Executive Director has rejected the Plans and
Specifications two (2) times, the Developer may elect to submit such dispute regarding the
9
Packet Pg. 16
4.1.a
approval of the Plans and Specifications to the CRA Board for resolution. The Plans and
Specifications as approved or deemed approved by the Executive Director shall mean the "Plans".
9.6 Development Requirements. Developer shall be required to develop the
Project substantially in accordance with the Plans. Any material variation to the Plans, other than
those changes required by the City in connection with the issuance of the building permit to comply
with applicable laws, shall require the approval of the Executive Director, which approval shall
not be unreasonably withheld or delayed provided that same is in accordance with the spirit and
intent of Plans and this Agreement.
9.7 Development Timeframe.
9.7.1 Land Use and Zoning Approvals for the Project. Developer shall
obtain all applicable land use and zoning approvals for the Project including with respect to the
Additional parking (the "Approvals") on or before the Closing Date, time being of the essence.
9.7.2 Commencement and Completion of Construction. Developer must
commence construction of the Project in accordance with the plans on the Property within twenty
(20) days of the Closing Date. The Project must be substantially completed as evidenced by one
or more temporary or permanent certificates of occupancy (or their equivalent) for all units
comprising the Project as reflected on the Plans ("Completion") within months of the
commencement of construction (the "Completion Date"). The Completion Date shall
automatically be extended one day for each day of Unavoidable Delays provided the Executive
Director concurs with the Developer that an Unavoidable Delay has occurred. The term
"Unavoidable Delay" means delays due to area wide strikes, acts of God, floods, hurricanes,
casualties, fire, acts of the public enemy and governmental moratoriums. The term Unavoidable
Delay shall not include any delays caused by any other source, including, but not limited to, any
governmental entity acting in its proprietary or regulatory capacity or delay caused by lack of
funds.
9.7.3 Failure to Complete the Project. If Developer has not achieved
Completion prior to the Completion Date, as same shall automatically be extended one day for
each day of Unavoidable Delays provided the Executive Director concurs with the Developer that
an Unavoidable Delay has occurred, the Developer shall pay to the CRA, as liquidated damages,
Two Thousand Five Hundred and No/100 Dollars ($2,500.00) per day for each day between the
Completion Date, as same may be extended by Unavoidable Delay until Completion. Said amount
shall be due and payable within thirty (30) days of the Completion.
10. DEVELOPMENT AND FINANCIAL APPROVALS.
10.1 Development of the Project. As soon as available after the Effective Date,
Developer shall submit to the Executive Director for review and approval, which approval shall
not be unreasonably withheld the following:
10.1.1 Construction Contract. The construction contract for the Project
(the "Construction Contract") shall include the obligation of the general contractor to comply with
the participation requirements set forth in Section 11.2.1 and 11.2.2 of this Agreement. The
Executive Director will not have approval rights over the terms of the Construction Contract. The
10
Packet Pg. 17
4.1.a
approval of the Executive Director shall be limited to the issue of whether the Construction
Contract includes the obligation of the general contractor to comply with the participation
requirements set forth in Section 10.2.1 and 10.2.2 of this Agreement.
10.1.2 Loan Commitment. A loan commitment from a financial institution
(the "Lender") evidencing that Developer has obtained a construction loan commitment for the
development of the Project (the "Loan Commitment") which shall be reasonably acceptable to the
Executive Director. The Executive Director will not have approval rights over the loan terms or
equity investment terms. The approval of the Executive Director shall be limited to the issue of
whether the Loan Commitment reflects that funds will be available for construction of the Project
and the amount of funds that will be made available for construction together with the Equity (as
hereinafter defined) provides the funds required under the Budget (as hereinafter defined).
10.1.3 Project Equity. Evidence reasonably satisfactory to the Executive
Director that Developer has sufficient equity available to meet the equity requirement of the Loan
Commitment with respect to the Project (the "Equity").
10.1.4 Budget. The line item budget for the Project reflecting all hard and
soft costs anticipated to be incurred by the Developer in connection with the Project (the
`Budget"). If the Developer has provided a Loan Commitment, the Budget shall be deemed
approved by the Executive Director if approved by the Lender as reflected in the Loan
Commitment.
10.1.5 Project Schedule. The detailed project schedule for the construction
of the Project (the "Project Schedule"). The Project Schedule must reflect that the Developer will
achieve Completion prior to the Completion Date. The Executive Director will approve the Project
Schedule if same has been approved by the Lender as reflected in the Loan Commitment and/or if
the Project Schedule reflects that the Developer will achieve Completion prior to the Completion
Date.
10.2 Approval Required by Section 10.1. If the Executive Director fails to
provide its approval or its disapproval, to items submitted to the Executive Director in accordance
with Section 10.1, within fifteen (15) days from receipt of a request for approval from Developer,
the item shall be deemed approved. If the Executive Director disapproves any item, the Executive
Director shall describe in its disapproval notice the reason for such disapproval with reasonable
specificity.
11. MINORITY AND WOMEN'S PARTICIPATION AND EQUAL
EMPLOYMENT OPPORTUNITY.
11.1 Minority and Women Participation and Equal Opportunity. In connection
with the Project, the Developer agrees that it and its general contractor will:
i) Take definitive action in the recruitment, advertising and to attract
and retain minority and female contractors and subcontractors;
11
Packet Pg. 18
4.1.a
ii) Provide a reasonable opportunity in the recruitment, advertising and
hiring of professionals, contractors and subcontractors residing
within the Redevelopment Area and within the City of Miami;
iii) Take reasonable definitive action in retaining employees regardless
of race, color, place of birth, religion, national origin, sex, age,
marital status, veterans and disability status;
iv) Maintain equitable principles in the recruitment, advertising, hiring,
upgrading, transfer, layoff, termination, compensation and all other
terms, conditions and privileges of employment;
v) Monitor and review all personnel practices to guarantee that equal
opportunities are being provided to all employees regardless of race,
color, place of birth, religion, national origin, sex, age, marital
status, veterans and disability status;
vi) Post in conspicuous places, availability to employees and applicants
for employment, notices in a form to be provided to the Executive
Director, setting forth the non-discrimination clauses of this Section
10.
vii) In all solicitations and advertisements for employment placed by or
on behalf of Developer, state that all applicants will receive
consideration for employment without regard to race, creed, color
or national origin.
11.2 Participation Requirements. Developer agrees to comply with, or shall
cause its general contractor to comply with, the following subcontractor participation requirements
and laborer participation requirements (the "Participation Requirements") with respect to the
Proj ect:
11.2.1 Subcontractor Participation. The Developer shall cause its general
contractor to hire not less than twenty percent (20%) of the subcontractors for the construction of
the Project utilizing companies that have their principal place of business within Miami -Dade
County, Florida, giving first priority to subcontractors who principal place of business is in the
Redevelopment Area, second priority to subcontractors whose principal place of business is in
Overtown, third priority to subcontractors whose principal place of business is within District 5 of
the City of Miami, fourth priority to subcontractors whose principal place of business is in the City
of Miami and last priority to subcontractors whose principal place of business is in Miami -Dade
County, Florida, with it being understood that Developer shall not be required to engage any
subcontractor that fails to meet the requisite requirements for the Project established by the general
contractor which will apply to all subcontractors uniformly such as drug free work force. For
purpose of calculating the twenty percent (20%) subcontractor participation, the twenty percent
(20%) participation shall be calculated based upon the dollar value of each subcontract given to
subcontractors whose principal place of business is in Miami -Dade County, Florida and the total
12
Packet Pg. 19
4.1.a
dollar value of all subcontracts entered into by the general contract for the respective Phase
("Subcontractor Participation Requirement").
11.2.2 Laborer Participation. Developer agrees to cause its general
contractor and all subcontractors to employ forty percent (40%) of the labor for the construction
of the Project ("Laborer Participation Requirement") from workers residing in either the Miami -
Dade County, Florida giving first priority to workers residing in the Redevelopment Area, second
priority to workers residing in Overtown, third priority to workers residing in District 5 of the City
of Miami, fourth priority to workers residing in the City of Miami with last priority to workers
residing in Miami -Dade County, Florida.
11.2.3 Disputes. In the event of any disputes between the Executive
Director and the Developer as to whether any subcontractor has its principal place of business in
Miami -Dade County, Florida or whether any laborer resides in Miami -Dade County, Florida and
whether the Developer complied with the priority requirements, the Developer and the Executive
Director shall proceed in good faith to resolve the dispute. In the event the dispute is not resolved
within ten (10) days either party may submit the dispute to the CRA Board for resolution which
shall be binding on the parties.
11.3 Report Requirements. The Developer shall be required to submit to the
Executive Director (i) on a quarterly basis commencing thirty (30) days after the end of the first
quarter after the commencement of the Project until thirty days following Completion, detailed
reports evidencing compliance with the Subcontractor Participation Requirements during the prior
quarter and (ii) on a monthly basis commencing thirty (30) days after the commencement of
construction of the Project until thirty days following Completion, detailed reports evidencing
compliance with the Laborer Participation Requirements during the prior month ("Participation
Reports"). The Participation Reports shall contain such information as the Executive Director may
reasonably require to enable the Executive Director to determine whether the Developer is in
compliance with the Subcontractor Participation Requirements and the Laborer Participation
Requirements with respect to the Project.
11.3.1 Penalties for Non -Compliance with Subcontractor Participation
Requirements. To the extent Developer fails to comply with the Subcontractor Participation
Requirements, with respect to the Project, Developer shall pay to the CRA as a one-time penalty
for such non-compliance Two Thousand Five Hundred and No/100 Dollars ($2,500.00) for each
percentage point below the Subcontractor Participation Requirement (the "Subcontractor Non -
Compliance Funds") with respect to the Project. The Subcontractor Non -Compliance Funds shall
be calculated by the Executive Director after Completion and shall be due and payable within
thirty (30) days from the date of Developer's receipt of written statement from the Executive
Director stating the amount of Subcontractor Non -Compliance Funds due with respect to the
Project. To the extent of any dispute between the Executive Director and the Developer with
respect to the compliance with the Subcontractor Participation Requirements, such dispute shall
be submitted to the CRA Board for resolution. The decision of the CRA Board shall be binding
on the parties.
11.3.2 Penalties for Non Compliance with Laborer Participation
Requirements. To the extent Developer fails to comply with the applicable Laborer Participation
13
Packet Pg. 20
4.1.a
Requirements, with respect to the Project, Developer shall pay to the CRA as a one-time penalty
for such noncompliance One Thousand and No/100 Dollars ($1,000.00) for each percentage point
below the Laborer Participation Requirements (the "Laborer Non -Compliance Fund") with respect
to the Project. The Laborer Non -Compliance Funds shall be calculated by the Executive Director
after Completion and shall be due within thirty (30) from Developer's receipt of written statement
from the Executive Director stating the amount of Laborer Non -Compliance Funds due. To the
extent of any dispute between the Executive Director and the Developer with respect to the
compliance with the Laborer Participation Requirements, such dispute shall be submitted to the
CRA Board for resolution, which action shall be binding upon the parties.
11.4 Job Fair.
11.4.1 Construction Job Opportunities. Developer shall broadly
disseminate information regarding job opportunities for local area residents and businesses to
allow them to participate in construction of the Project, including, without limitation, hosting at
least two (2) job fairs within the Redevelopment Area prior to the commencement of the Project.
11.4.2 Permanent Job Opportunities. Developer shall broadly disseminate
information regarding job opportunities for local residents and businesses post -construction, with
respect to the Project, including newly generated trade and service related jobs upon completion,
including, without limitation, hosting at least one (1) job fair within the Redevelopment Area upon
Completion.
11.4.3 Employment Advertisements & Notice. Developer shall:
11.4.3.1 Electronically post job opportunities in established job
outreach websites and organizations, including, without limitation, CareerSource South Florida,
and similar programs in order to attract as many eligible applicants for such jobs as possible;
11.4.3.2 Place a full -page weekly advertisement in the Miami
Times newspaper to inform residents of available job opportunities and any upcoming job fairs
not less than three (3) weeks prior to said job fair. This shall be in addition to any advertisements
done through other job outreach websites, organizations, and efforts referenced hereinabove; and
11.4.3.3 Place weekly radio commercials on WMBM and either
Hot 105 or 99JAMZ to inform residents for available job opportunities and upcoming job fairs not
less than three (3) days prior to said job fair.
12. CRA CONDITIONS PRECEDENT.
12.1 The obligations of the CRA to close the transaction contemplated by this
Agreement with respect to the Project is subject to the satisfaction or waiver of the following
conditions precedent (the "CRA Conditions Precedent"):
12.1.1 The Executive Director shall have approved the Plans pursuant to
Section 9.5 of this Agreement or the Plans shall have been deemed approved in accordance with
Section 9.5 of this Agreement.
14
Packet Pg. 21
4.1.a
12.1.2 The Executive Director shall have approved the Construction
Contract pursuant to Section 10.1.1 of this Agreement or the Construction Contract shall have been
deemed approved pursuant to Section 10.2 of this Agreement.
12.1.3 The Executive Director shall have approved the Project Schedule
pursuant to Section 10.1.5 of this Agreement or the Project Schedule shall have been deemed
approved pursuant to Section 10.2 of this Agreement.
12.1.4 The Executive Director shall have approved the Loan Commitment
pursuant to Section 10.1.2 of this Agreement or the Loan Commitment shall have been deemed
approved pursuant to Section 10.2 of this Agreement.
12.1.5 The Executive Director shall have approved the Budget pursuant to
Section 10.1.3 of this Agreement or the Budget shall have been deemed approved pursuant to
Section 10.2 of this Agreement.
12.1.6 The Executive Director shall have confirmed that Developer has
sufficient equity to meet the requirements for the construction of the Project pursuant to Section
10.1.3 of this Agreement or that shall have been deemed approved pursuant to Section 10.2 of this
Agreement.
12.1.7 The Lender under the Loan Commitment is prepared to close the
construction loan with respect to the Project in accordance with terms of the Loan Commitment or
the Developer has sufficient equity to meet the requirements for the construction of the Project to
the reasonable satisfaction of the Executive Director.
12.1.8 Developer or its contractor shall have provided to the Executive
Director a payment and performance bond based on AIA Document 312 (2010 Edition), with
changes in form and substance mutually satisfactory to the CRA and Developer in their reasonable
discretion, in an amount equal to one hundred percent (100%) of the hard construction costs for
the Project as reflected in the Budget, which shall be issued by a surety having a credit rating of
"A" or higher with a financial strength of X or higher (the " Payment and Performance Bond").
12.1.9 The Developer has obtained a building permit for the Project to
enable the Developer to construct the Project in accordance with the Plans, or provided the
Executive Director with evidence that a building permit for the construction of the Project in
accordance with the Plans is ready to be issued subject only to the payment of the building permit
fees and impact fees.
12.2 In the event the CRA Conditions Precedent are not satisfied or waived by
the CRA on or before , then the CRA may either (i) terminate this
Agreement in which the Escrow Agent shall deliver the Deposit to the CRA, as liquidated
damages, and the parties shall be released from all further obligations under this Agreement except
for the obligations under this Agreement which expressly survive the termination, or (ii) waive the
condition and proceed in accordance with this Agreement.
13. CLOSING DATE.
15
Packet Pg. 22
4.1.a
13.1 Closing. The closing of the transaction (the "Closing") contemplated by
this Agreement shall occur on the earlier of the following (the "Closing Date") (a) ten (10) days
after all the CRA Conditions Precedent to closing have been either satisfied or waived by the CRA
or (b) , , time being of the essence. On the Closing Date the following
shall occur provided all of the CRA Conditions Precedent have been satisfied or waived:
13.1.1 CRA Deliveries. The CRA shall deliver to Developer at Closing:
13.1.1.1 A ground lease in the form of Exhibit "E" attached
hereto and made a part hereof (the "Ground Lease"). [Alternatively based upon the Proposal the
CRA shall convey fee simple title to the Property to Developer by special warranty deed subject
to a declaration of restrictions incorporating the various provisions of this Agreement which deed
will contain a reverter provision if Developer fails to comply.]
13.1.1.2 A certified copy of the resolution authorizing the
conveyance by the CRA and the execution and delivery of the documents contemplated by this
Agreement.
13.1.1.3 A no lien and possession affidavit.
13.1.1.4 A FIRPTA affidavit.
13.1.1.5 Memorandum of the Ground Lease (the
"Memorandum").
13.1.1.6 Such other documents as the title company may
reasonably request.
13.2 Developer Deliveries. Developer shall deliver to the CRA or cause to be
delivered to the CRA at Closing:
13.2.1 The Ground Lease.
13.2.2 Evidence of authority to close the transaction and execute and
deliver the appropriate closing documents.
13.2.3 The Memorandum.
13.2.4 Payment and Performance Bond.
13.2.5 A guaranty (the "Guaranty") of the lien free completion of the
Project in the form of Exhibit "F" attached executed by Developer and
(the "Guarantor").
13.2.6 Such other documents as the title company may reasonably request.
16
Packet Pg. 23
4.1.a
13.3 Recording Costs. The cost for recording the Memorandum shall be paid by
Developer. Each party shall bear the cost of the fees of their own respective attorneys and other
professionals and the cost of their own respective performance under this Agreement.
13.4 Adjustments and Prorations. Ad valorem real estate taxes and assessments
and other taxes and assessments shall be prorated as of the Closing Date.
13.5 Parties in Possession. On the Closing Date the CRA shall provide the
Property to the Developer free and clear of all parties in possession.
13.6 Deposit. The Deposit shall be delivered by Escrow Agent to the Developer
simultaneously with the consummation of the Closing.
14. PARKING.
14.1 Parking for Overtown Shopping Center. Developer acknowledges the
parking needs for Overtown Shopping Center. Developer shall provide to the CRA for use in
connection with the Overtown Shopping Center the number of space lost to the Overtown Shipping
Center in connection with the Project as provided in the Ground Lease (the "Additional Parking
Spaces"). [The Additional Parking will be reserved in the deed if the Property is conveyed by the
CRA.]
15. REPRESENTATIONS OF CRA.
15.1 The CRA makes the following representations:
15.1.1 The CRA is duly organized and validly existing under the laws of
the State of Florida and has full power and capacity to own its properties, to carry on its business
as presently conducted by the CRA, and to perform its obligations under this Agreement.
15.1.2 The CRA's execution, delivery and performance of this Agreement
have been duly authorized by all necessary legal actions and does not and shall not conflict with
or constitute a default under any indenture, agreement or instrument to which the CRA is a party
or by which the CRA or CRA's property may be bound or affected, except for such approvals
required by this Agreement.
15.1.3 This Agreement constitutes the valid and binding obligation of the
CRA, enforceable against the CRA, and its successors and assigns, in accordance with their
respective terms, subject to bankruptcy, insolvency and other similar laws affecting the rights of
creditors generally.
15.1.4 The CRA is not a party to any outstanding contracts or options to
purchase the Property or any portion thereof in favor of any third party. Other than alleged claims
that may be asserted by persons intended to be indemnified against by the Indemnification
Agreement (as defined in the Settlement Agreement) and by the Longshoremen's Union and Black
Archives with respect to parking on the Property, no person, corporation or other entity has or on
the Closing Date shall have any right or option to purchase the Property or any portion of the
Property.
17
Packet Pg. 24
4.1.a
15.1.5 The CRA will not take any action to affect title to the Property prior
to the conveyance of the Property to the Developer contemplated herein, including, without
limitation, executing any leases or agreement which are not terminable upon thirty (30) days
written notice with no penalty.
15.2 Survival of Representations. All of the representations of the CRA set forth
in this Agreement shall be true upon the execution of this Agreement, shall be deemed to be
repeated and as of the Closing Date and shall be true as of the Closing Date. All of the
representations, warranties and agreements of the CRA set forth in this Agreement shall not
survive the Closing.
16. DEVELOPER'S REPRESENTATIONS.
16.1 Developer makes the following representations to the CRA as follows:
16.1.1 Developer is a duly organized and validly
existing under the laws of the State of , and have full power and capacity to own
the Property, to carry on its business as presently conducted, and to enter into the transactions
contemplated by this Agreement.
16.1.2 Copies of the articles of organization and the operating agreement
for Developer are attached hereto as Exhibit "G" (the "Organizational Documents"). The
organizational chart of Developer and a list of members of Developer is attached hereto as Exhibit
"H" and made a part hereof (the "Organizational Chart").
16.1.3 Developer' s execution, delivery and performance of this Agreement
has been duly authorized by all necessary company actions and does not and shall not conflict
with or constitute a default under any indenture, agreement or instrument to which it is a party or
by which it may be bound or affected.
16.1.4 This Agreement constitutes the valid and binding obligation of
Developer, enforceable against Developer and its successors and assigns, in accordance with its
respective terms, subject to bankruptcy, insolvency and other similar laws affecting the rights of
creditors generally.
16.2 Survival of Representations. All of the representations of the Developer set
forth in this Agreement shall be true upon the execution of this Agreement, shall be deemed to be
repeated and as of the Closing Date and shall be true as of the Closing Date. All of the
representations, warranties and agreements of the Developer set forth in this Agreement shall
survive the Closing for a period of two (2) years..
17. DEFAULT.
17.1 Developer Failure to Perform.
17.1.1 If the CRA Conditions Precedent have not been satisfied, deemed
satisfied or waived on or before , , Developer shall be in default under this
Agreement and the CRA may terminate this Agreement in which event the Escrow Agent shall
18
Packet Pg. 25
4.1.a
deliver the Deposit to the CRA as liquidated damages and the parties will be relieved from any
further obligations under this Agreement except for the obligations that expressly survive
termination.
17.1.2 In the event the CRA becomes aware of any material
misrepresentations by the Developer set forth in Section 16 of this Agreement prior to Closing,
and the Developer fails to cure such breach within ten (10) days of its receipt of written notice
from the CRA delivered pursuant to Section 20 hereof, the CRA, as its sole and exclusive remedy,
may terminate this Agreement, in which event the Escrow Agent shall deliver the Deposit to the
CRA as liquidated damages and the parties shall be released from all further obligations under this
Agreement except for the obligations that expressly survive termination.
17.1.3 In the event the Developer breaches any other terms and provisions
of this Agreement not addressed in Sections 17.1.1 or 19.1.2, which is not cured within thirty (30)
days of written notice of default from the CRA delivered pursuant to Section 20 below, the CRA
may pursue all remedies available at law or in equity, including specific performance, as a result
of such breach.
17.2 In the event of a default by the CRA under this Agreement (other than an
intentional default) which is not cured within ten (10) days of written notice from Developer,
without any default on the part of Developer, Developer, as its sole and exclusive remedy, shall be
entitled to (i) terminate this Agreement in which event the Escrow Agent shall promptly return the
Deposit to Developer, whereupon the parties shall be released from all further obligations under
this Agreement except for the obligations that expressly survive the termination, or (ii) sue for
specific performance to enforce the terms of this Agreement. Developer waives any other
remedies it may have against the CRA at law or in equity as a result of a breach of this Agreement
except if the CRA conveys the Property to another party prior to the termination of this Agreement,
in which event the Developer may pursue all remedies available at law or in equity as a result of
such breach as a result of the remedy of specific performance not being available.
18. BROKERS. The parties each represent and warrant to the other that there are no
real estate broker(s), salesman (salesmen) or finder(s) involved in this transaction. If a claim for
commissions in connection with this transaction is made by any broker, salesman or finder
claiming to have dealt through or on behalf of one of the parties hereto ("Indemnitor"), Indemnitor
shall indemnify, defend and hold harmless the other party hereunder ("Indemnitee"), and
Indemnitee's officers, directors, agents and representatives, from and against all liabilities,
damages, claims, costs, fees and expenses whatsoever (including reasonable attorney's fees and
court costs at trial and all appellate levels) with respect to said claim for commissions.
Notwithstanding anything to the contrary contained in this Agreement, the provisions of this
Paragraph shall survive the Closing.
19. ASSIGNABILITY. Prior to Completion, this Agreement may not be assigned
without the approval of the CRA, which approval may be granted or withheld by the CRA, in its
sole discretion. After Completion, the Developer may assign this Agreement without the consent
of the CRA. Notwithstanding the foregoing, Developer may collaterally assign its interest in this
Agreement to a lender in connection with financing for the Project.
19
Packet Pg. 26
4.1.a
20. NOTICES. Any notices required or permitted to be given under this Agreement
shall be in writing and shall be deemed to have been given if delivered by hand or mailed by
certified or registered mail, return receipt requested, in a postage prepaid envelope, and addressed
as follows:
If to Developer:
With a copy to:
If to CRA:
SOUTHEAST OVERTOWN / PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
Attention: Clarence E. Woods, III., Executive Director
819 NW 2nd Avenue
3rd Floor
Miami, FL 33136
Fax: 305-679-6836
With a copy to:
William R. Bloom, Esq.
Holland & Knight, LLP
Suite 3300
701 Brickell Avenue
Miami, FL 33131
Fax: 305-789-7799
And with a copy to:
Staff Counsel
Southeast Overtown/Park West
Community Redevelopment Agency
1490 NW Third Avenue
Suite 105
Miami, FL 33136
Fax: 305-679-6836
20
Packet Pg. 27
4.1.a
Notices hand delivered shall be deemed given on the date of delivery or the date delivery is refused
and notices mailed in accordance with the foregoing, shall be deemed delivered upon the date the
return receipt is executed or the date delivery is refused.
21. CHALLENGES. Developer acknowledges and agrees that the CRA shall have no
liability whatsoever to Developer in connection with any challenge by a third party to the CRA's
right to enter into this Agreement and the transaction contemplated by this Agreement and
Developer hereby forever waives and releases the CRA from any liability whatsoever, now or
hereafter arising, in connection with any such challenge by a third party and covenants and agrees
not to initiate any legal proceedings against the CRA in connection with any such challenges to
this Agreement by any third parties; provided, however, that nothing contained in this Agreement,
is, nor shall it be deemed, a limitation or waiver of Developer's rights (a) as to any fraud,
misrepresentation, other illegal, or tortious acts committed by the CRA, (b) to comply with
applicable law, or (c) to enforce any rights or remedies pursuant to this Agreement.
22. REAL ESTATE TAXES. It is the intention of the CRA and the Developer that
upon conveyance of the Property to the Developer that the Project shall be fully taxable for the
purposes of ad valorem real estate taxes to the extent payable by the land owners within the City
of Miami and that the Developer and its successors or assigns not take advantage of any tax
exemptions which may allow the Developer or its successors or assigns not to be required to pay
ad valorem real estate taxes with respect to the Project. In the event for any reason the Project or
any portion thereof is not subject to ad valorem real estate taxes that would otherwise be payable
by a land owner in the City of Miami as a result of an exemption, then the Developer shall pay to
the CRA a payment in lieu of such taxes (a "PILOT") on or before December 31 of each year in
the amount of ad valorem real estate taxes that would have been due with respect to the Project or
any portion thereof if the Project had not been exempt in whole or in part from the payment of ad
valorem real estate taxes.
22.1 The obligation of the Developer to make the PILOT shall constitute a
covenant running with the Property and shall constitute a first lien on the Property senior to all
other liens and encumbrances and shall be binding upon the Developer and its successors and
assigns through end of the existence of the CRA.
23. MISCELLANEOUS.
23.1 This Agreement shall be construed and governed in accordance with the
laws of the State of Florida. Venue shall be in Miami -Dade County, Florida. All of the parties to
this Agreement have participated fully in the negotiation and preparation hereof, and, accordingly,
this Agreement shall not be more strictly construed against any one of the parties hereto.
23.2 In the event any term or provision of this Agreement is determined by
appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its
nearest legal meaning or be construed as deleted as such authority determines, and the remainder
of this Agreement shall be construed to be in full force and effect.
21
Packet Pg. 28
4.1.a
23.3 In the event of any litigation between the parties under this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial and
appellate levels.
23.4 In construing this Agreement, the singular shall be held to include the plural,
the plural shall be held to include the singular, the use of any gender shall be held to include every
other and all genders, and captions and Paragraph headings shall be disregarded.
23.5 All of the exhibits attached to this Agreement are incorporated in, and made
a part of, this Agreement.
23.6 Time shall be of the essence for each and every provision of this Agreement.
23.7 This Agreement may not be recorded in the Public Records of Miami -Dade
County.
23.8 The "Effective Date" shall mean the date this Agreement is last executed by
Developer and the CRA.
23.9 Developer acknowledges and agrees that the Developer shall not be entitled
to any tax increment funds generated by the Project. Developer waives any claims regarding the
tax increment funds generated by the Project.
23.10 The term "day" shall be understood to refer to a calendar day, unless
expressly provided otherwise to refer to a "business" day, which, when used, refers to a day other
than a Saturday or Sunday upon which national banks are open for business in Miami -Dade
County, Florida.
24. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and
understanding between the parties with respect to the subject matter hereof and there are no other
agreements, representations or warranties other than as set forth herein. This Agreement may not
be changed, altered or modified except by an instrument in writing signed by the party against
whom enforcement of such change would be sought. This Agreement shall be binding upon the
parties hereto and their respective successors and permitted assigns.
25. ESCROW AGENT. The Deposit shall be held by Escrow Agent in trust, on the
terms hereinafter set forth:
25.1 The Escrow Agent shall deliver the Deposit in accordance with the terms of
this Agreement.
25.2 It is agreed that the duties of the Escrow Agent are only as herein
specifically provided and purely ministerial in nature, and the Escrow Agent shall incur no liability
whatsoever except for willful misconduct or gross negligence, as long as the Escrow Agent has
acted in good faith. The CRA and the Developer each release the Escrow Agent from any act done
or omitted to be done by the Escrow Agent in good faith in the performance of its duties hereunder.
22
Packet Pg. 29
4.1.a
25.3 The Escrow Agent is acting as stakeholder only with respect to the Deposit.
If there is any valid dispute as to whether the Escrow Agent is obligated to deliver the Deposit, the
Escrow Agent shall not make any delivery, but in such event, the Escrow Agent shall hold same
until receipt by it of an authorization in writing, signed by all parties having interest in such dispute,
directing the disposition of same; or in the absence of such authorization, the Escrow Agent shall
hold the Deposit until final determination of the rights of the parties in the appropriate proceedings.
If such written authorization is not given or proceedings for such determination are not begun
within thirty (30) days of written notice to the Escrow Agent of the existence of a dispute with
respect to the Deposit and diligently continued, the Escrow Agent may bring an appropriate action
or proceeding to interplead the Deposit. The Escrow Agent shall be reimbursed for all costs and
expenses of such action or proceeding, including, without limitation, reasonable attorneys' fees
and disbursements, by the party determined not to be entitled to the Deposit. Upon making
delivery of the Deposit, the Escrow Agent shall have no further liability unless such delivery
constituted willful misconduct or gross negligence. The Developer acknowledges that the Escrow
Agent is counsel to the CRA, and can represent the CRA hereunder in the event of any dispute
hereunder, concerning the Deposit, and Developer waives any right to object to same.
Agreement.
25.4 The provisions of this Section 25 shall survive the termination of this
[SIGNATURE PAGES TO FOLLOW]
23
Packet Pg. 30
4.1.a
IN WITNESS hereof the parties have executed this Agreement as of the date first above
written.
DEVELOPER:
By:
Name:
Title:
CRA:
SOUTHEAST OVERTOWN / PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
By:
Clarence E. Woods, III., Executive Director
ATTEST:
Clerk of the Board
Approved for legal sufficiency
By:
William R. Bloom, Esq.
Holland & Knight LLP,
Special Counsel to CRA
24
Packet Pg. 31
4.1.a
Schedule of Exhibits
A. Legal Description
B. Insurance Requirements
C. Permitted Exceptions
D. Conceptual Documents
E. Ground Lease
F. Guaranty of Completion
G. Organizational Documents of Developer
H. Organizational Chart of Developer
25
Packet Pg. 32
4.1.a
EXHIBIT A
Legal Description
Packet Pg. 33
4.1.a
EXHIBIT B
INSURANCE REQUIREMENTS
I. Commercial General Liability (Primary & Non Contributory)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Personal and Advertising Injury $1,000,000
B. Coverage/Endorsements Required
City of Miami and Southeast Overtown/Park West Community Redevelopment
Agency as an Additional Insured (CG 2010 11/85 or its equivalent)
Contractual Liability
Premises & Operations Liability
Explosion, Collapse and Underground Hazard
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto/Owned Autos/Scheduled
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami & Southeast Overtown/Park West Community Redevelopment
Agency listed as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
Employer's Liability
A. Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
27
#49970406_v5
Packet Pg. 34
4.1.a
$1,000,000 for bodily injury caused by disease, policy limit
IV. Umbrella Policy/Excess Liability (Excess Follow Form)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $3,000,000
Aggregate $3,000,000
B. Endorsements Required
City of Miami & Southeast Overtown/Park West Community Redevelopment
Agency listed as an additional insured
V. Owner's & Contractor's Protective Liability
Required only in the event that the CGL policy is not provided on a "per project" basis.
Limits of Liability
Each Occurrence $1,000,000
Policy Aggregate $1,000,000
City of Miami and Southeast Overtown/Park West Community Redevelopment
Agency as Named Insured
VI. Builders' Risk
Causes of Loss: Completed Value Builders Risk Form
Valuation: Replacement Cost
Deductible: $25,000 All other Perils
5% maximum on Wind
City of Miami and Southeast Overtown/Park West Community Redevelopment
Agency listed as an Additional Insured
A. Limit/Value at Location or Site - Full Replacement
B. Coverage Extensions as provided by insurer
The above policies shall provide the City of Miami and Southeast Overtown/Park West
Community Redevelopment Agency with written notice of cancellation or material change
from the insurer not less than (30) days prior to any such cancellation or material change, or
in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
28
#49970406_v5
Packet Pg. 35
4.1.a
The company must be rated no less than "A-" as to management, and no less than "Class
V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by
A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or
certificates of insurance are subject to review and verification by Risk Management prior
to insurance approval.
29
#49970406_v5
Packet Pg. 36
4.1.a
EXHIBIT C
Additional Permitted Exceptions
30
#49970406_v5
Packet Pg. 37
4.1.a
EXHIBIT D
Conceptual Design Documents
31
#49970406_v5
Packet Pg. 38
4.1.a
EXHIBIT E
GROUND LEASE
Developer and the Executive Director shall finalize the terms of the Ground Lease incorporating
the terms of this Agreement and the Proposal prior to the end of the Approval Period. If Developer
and the Executive Director cannot agree on the terms of the Ground Lease prior to the end of the
Approval Period, this Agreement will automatically terminate and the Deposit shall be returned to
the Developer and the parties released from all obligations under the Agreement except for the
obligations that expressly survive termination.
If the Developer includes in the Proposal that Developer is acquiring fee simple title to the Property
the Developer and the Executive Director shall finalize the form of deed an the applicable
restrictions and reverter provision which shall apply prior to the end of the Approval Period. If
Developer and the Executive Director cannot agree on the terms of the Ground Lease prior to the
end of the Approval Period, this Agreement will automatically terminate and the Deposit shall be
returned to the Developer and the parties released from all obligations under the Agreement except
for the obligations that expressly survive termination.
32
#49970406_v5
Packet Pg. 39
4.1.a
EXHIBIT F
GUARANTY OF COMPLETION
THIS GUARANTY OF COMPLETION (the "Guaranty") is executed and delivered,
jointly and severally, as of the day of , 20 by
(the "Guarantor") in favor of SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency
and body corporate created pursuant to Section 163.356, Florida Statutes (the "CRA").
WITNESSETH:
A. On or about the date hereof, the CRA conveyed to
(the "Developer"), the property described on Exhibit "A"
attached hereto and made a part hereof (the "Property"), pursuant to the terms and conditions of
that Development Agreement dated as of , 2017, by and between Developer and the
CRA as same has been and/or may be amended from time to time (the "Development Agreement").
All terms not otherwise defined herein shall have the meanings set forth in the Development
Agreement.
B. Guarantor will benefit from the transaction contemplated by the Development
Agreement (the "Transaction").
C. The CRA would not close on the Transaction pursuant to the Development
Agreement unless Guarantor agreed to unconditionally guaranty completion of the Project in
accordance with the Plans and the Project Schedule.
NOW, THEREFORE, in consideration of the CRA's conveying the Property to the
Developer pursuant to the Development Agreement, which it is acknowledged and agreed that
CRA is doing in full reliance hereon, and as an inducement to CRA to do so, and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Guarantor hereby irrevocably covenants, warrants and agrees as follows:
1. That notwithstanding any provision in the Development Agreement or in any other
agreement or document executed in connection therewith, Guarantor hereby unconditionally and
irrevocably guarantees to CRA the following (collectively, the "Guaranties Obligations"):
a. One hundred percent (100%) lien free completion of the Project in
accordance with the Development Agreement and substantially in accordance with the Plans, as
evidenced by (i) the issuance of a final certificate of occupancy (or the equivalent) by the proper
governmental authority as to the Project to be constructed on the Property; and (ii) the delivery by
the design/supervising architect of a certificate of completion of the Project substantially in
accordance with the Plans approved by CRA. Completion of the Project shall include, but not be
limited to completion of grading, landscaping, all necessary and appropriate utilities, streets,
sidewalks, drainage and all on -site and off -site improvements, all as reflected on the Plans; and
b. Full and punctual payment and discharge of all costs and expenses of any
nature relating to the construction and the completion of the Project as the same become due and
33
#49970406_v5
Packet Pg. 40
4.1.a
payable, and payment and discharge of all claims and demands for labor and/or materials used in
the construction and the completion of the Project substantially in accordance with the Plans which
are or, if unpaid, may become liens, claims or encumbrances on the Property.
c. To perform, complete and pay for the construction of the Project within the
time period allotted therefor in the Project Schedule (as same may be amended, modified and/or
extended in accordance with the terms of the Development Agreement or pursuant to a written
agreement by the CRA and the Developer) and to pay all costs and expenses of said construction
and completion of the Project in accordance with the Plans and all costs associated therewith.
d. In the event any mechanic's or materialman's liens should be filed, or should
attach, with respect to the Property, to cause the removal of such liens or the posting of security
against the consequences of their possible foreclosure within thirty (30) days of Guarantor having
actual knowledge of the filing of such liens;
e. To pay the costs and fees of all architects and engineers employed by
Developer in connection with the Project; and
f. To pay within fifteen (15) days of written demand all of CRA's costs and
expenses, including reasonable attorneys' fees and costs, incurred in the enforcement of this
Guaranty, subject to the terms of Section 13 below.
2. Guarantor hereby acknowledges and consents to the Plans, the disbursement
schedule of the Lender, if any, and the other terms and conditions of the Development Agreement
and related documents governing the construction of the Project.
3. Guarantor hereby waives any and all requirements that CRA institute any action or
proceeding, at law or in equity, against the Developer or against any other party or parties with
respect to the Development Agreement or any related document as a condition precedent to
bringing any action against Guarantor upon this Guaranty. All remedies afforded to CRA by
reason of this Guaranty are separate and cumulative remedies and no one of such remedies,
whether waived by CRA or not, shall be deemed to be an exclusion of any one of the other remedies
available to CRA and shall not in any way limit or prejudice any other legal or equitable remedy
which CRA may have.
4. Guarantor further agrees that Guarantor shall not be released from any obligations
hereunder by reason of any amendment to or alteration of the terms and conditions of the
Development Agreement or of any related document, nor shall Guarantor's obligations hereunder
be altered or impaired by any delay by CRA in enforcing the terms and obligations of the
Development Agreement by any waiver of any default by CRA under the Development Agreement
or any related document, it being the intention that Guarantor shall remain fully liable hereunder,
notwithstanding any such event.
5. No extension of the time of payment or performance of any obligation hereunder
guaranteed, or the renewal thereof, nor delay in the enforcement thereof or of this Guaranty, or the
taking, exchanging, surrender or release of other security therefor or the release or compromise of
any liability of any party shall affect the liability of or in any manner release the Guarantor, and
34
#49970406_v5
Packet Pg. 41
4.1.a
this Guaranty shall be a continuing one and remain in full force and effect until each and every
obligation hereby guaranteed shall have been fully paid and performed.
6. That until the Project is fully erected, equipped and completed as aforesaid, and
until each and all of the terms, covenants and conditions of this Guaranty are fully performed,
Guarantor shall not be released by any act or thing which might, but for this provision of this
Guaranty, be deemed a legal or equitable discharge of Guarantor, or by reason of any waiver,
extension, modification, forbearance or delay by CRA, and Guarantor hereby expressly waives
and surrenders any defense to Guarantor's liability hereunder based upon any of the foregoing acts,
things, agreements or waivers. Guarantor shall be automatically released from this Guaranty upon
the satisfaction of the Guarantied Obligations, without any further need for CRA to execute a
release instrument (though, CRA shall promptly deliver the original of this Guaranty to Guarantor).
7. Except as otherwise set forth herein, CRA shall not be required to give any notice
to Guarantor hereunder in order to preserve or enforce CRA's rights hereunder (including, without
limitation, notice of any default under or amendment to the Development Agreement), any such
notice being expressly waived by Guarantor.
8. This Guaranty is assignable by CRA, but only upon and to the assignee of the
CRA's rights under the Development Agreement. This Guaranty shall bind the heirs, devisees,
personal representatives, successors and assigns of the parties hereto and shall inure to the benefit
of any permitted successor or assign of CRA.
9. This Guaranty shall, in all respects, be governed by and construed in accordance
with the laws of the State of Florida, including all matters of construction, validity and
performance.
10. In the event that any provision of this Guaranty is held to be void or unenforceable,
all other provisions shall remain unaffected and be enforceable.
11. In the event of any litigation between the parties under this Guaranty, the prevailing
party shall be entitled to reasonable attorney's fees and court costs at all trial and appellate levels
and in any bankruptcy proceedings.
12. Except as otherwise set forth herein, Guarantor hereby waives notice of acceptance
of this Guaranty by CRA and of presentment, demand, protest, notice of protest and of dishonor,
notice of default and all other notices relative to this Guaranty of every kind and description now
or hereafter provided by any agreement between Developer and CRA or any statute or rule of law,
except only any notices expressly required hereunder.
13. Any notice, demand or request by CRA to Guarantor or from Guarantor to CRA
shall be in writing and shall be deemed to have been duly given or made if either delivered
personally or if mailed by certified or registered mail, addressed to the address set forth below (or
at the correct address of any assignee of CRA), except that mailed written notices shall not be
deemed given or served until three days after the date of mailing thereof:
a. If to CRA:
35
#49970406_v5
Packet Pg. 42
4.1.a
SOUTHEAST OVERTOWN / PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
Attention: Clarence E. Woods, III, Executive Director
1490 NW Third Avenue
Suite 105
Miami, FL 33136
Fax: 305-679-6836
b. If to Guarantor:
and
EACH OF CRA (BY REASON OF ITS ACCEPTANCE OF THIS GUARANTY) AND
GUARANTOR HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY
WAIVES THE RIGHTS EACH MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY
LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION
WITH THIS GUARANTY AND ANY DOCUMENT CONTEMPLATED TO BE EXECUTED
IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF
DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTION OF
GUARANTOR, DEVELOPER OR CRA.
IN WITNESS WHEREOF, Guarantor has executed this Guaranty as of the day and year
first above written.
WITNESSES:
Print Name: By:
Name:
Title:
Print Name:
STATE OF FLORIDA )
): ss.
COUNTY OF MIAMI-DADE )
36
#49970406_v5
Packet Pg. 43
4.1.a
The foregoing instrument was acknowledged before me this day of , 201, by
, as of , a , on
behalf of He is personally known to me or has produced
as identification.
My commission expires:
My commission number is:
37
Notary Public
Name of Notary Printed:
(NOTARY SEAL)
#49970406_v5
Packet Pg. 44
4.1.a
EXHIBIT G
Organization Documents of Developer
38
#49970406_v5
Packet Pg. 45
4.1.a
EXHIBIT H
Organizational Chart of Developer
39
#49970406_v5
Packet Pg. 46
4.1.b
KEON HARDEMON
Board Chair
REQUEST FOR PROPOSALS
CLARENCE E. WOODS, III
Executive Director
SCATTERED PARCEL DEVELOPMENT OPPORTUNITY:
DEVELOPMENT OF
1611 NW 3rd AVENUE &
REAR PARKING LOT AT 1490 NW 3rd AVENUE
RFP NUMBER
17-01
ISSUE DATE
Wednesday, February 15, 2017
NON MANDATORY PRE -SUBMITTAL MEETING
Tuesday, March 7, 2017 AT 10:00 a.m.
SUBMISSION DATE AND TIME
Monday, March 20, 2017 at 11:00 a.m.
at:
The Office of the City Clerk
City of Miami
3500 Pan American Drive
Miami, Florida 33133
DESIGNATED CONTACT
Brian Zeltsman, RA
Director of Architecture and Development
Southeast Overtown/Park West
Community Redevelopment Agency
819 NW 2nd Ave, 3rd Floor
Miami, Florida 33136
Phone: 305-679-6827
Fax: 305-679-6835
Email: bzeltsman@miamigov.com
Website: http://www.miamicra.com/seopwcra/pages/procurement.html
Attachment: File # 1997 Backup (1997 : Resolution Accepting Selection of Top Ranked Proposer to RFP 17-01)
1
Packet Pg. 47
4.1.b
KEON HARDEMON
Board Chair
CLARENCE E. WOODS, III
Executive Director
TABLE OF CONTENTS
Public Notice Pg. 3
SECTION 1
Introduction to Request for Proposals Pg. 4
SECTION 2
RFP General Conditions Pg. 5
SECTION 3
Submission Process Pg. 8
SECTION 4
Evaluation / Selection Process Pg. 11
2
Attachment: File # 1997 Backup (1997 : Resolution Accepting Selection of Top Ranked Proposer to RFP 17-01)
Packet Pg. 48
4.1.b
KEON HARDEMON
Board Chair
PUBLIC NOTICE
SOUTHEAST OVERTOWN / PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
REQUEST FOR PROPOSAL
CLARENCE E. WOODS, III
Executive Director
SCATTERED PARCEL DEVELOPMENT OPPORTUNITY:
DEVELOPMENT AND SALE OF
1611 NW 3RD AVENUE &
REAR PARKING LOT AT 1490 NW 3RD AVENUE
RFP NO: 17-01
The Southeast Overtown/Park West Community Redevelopment Agency (the "CRA") is seeking proposals
for the development and sale of 1611 NW 3rd Avenue & the rear parking lot at 1490 NW 3rd Avenue,
Miami Florida 33136. The CRA is declaring its intent to dispose of its interest in the referenced above
property and is seeking proposals from private developers or any persons interested in undertaking to
develop the property.
Completed Responses must be delivered to the City of Miami - City Clerk's Office, 3500 Pan American
Drive, Miami, Florida 33133 no later than 11:00 am on Monday, March 20, 2017. Any Responses
received after the above date and time or delivered to a different address or location will not be considered.
RFP documents may be obtained on or after Wednesday, February 15, 2017, from the CRA offices, 819 NW 2nd
Ave, 3rd Floor, Miami, Florida 33136, or from the CRA webpage:
http://www.miamicra.com/seopwcra/pages/procurement.html
A non -mandatory pre -submittal meeting will be held at the CRA offices on Tuesday, March 7, 2017 at
10:00 am. It is the sole responsibility of all firms to ensure the receipt of any addendum and it is
recommended that firms periodically check the CRA webpage for updates and the issuance of addenda.
The CRA reserves the right to accept any Responses deemed to be in the best interest of the CRA, to waive
any minor irregularities, omissions, and/or technicalities in any Responses, or to reject any or all
Responses and to re -advertise for new Responses as deemed necessary by the CRA without notice.
For more information please contact the SEOPW CRA office at (305) 679-6800.
3
Attachment: File # 1997 Backup (1997 : Resolution Accepting Selection of Top Ranked Proposer to RFP 17-01)
Packet Pg. 49
4.1.b
KEON HARDEMON
Board Chair
SECTION 1
1.0 INTRODUCTION TO REQUEST FOR PROPOSALS:
CLARENCE E. WOODS, III
Executive Director
1.1 Invitation
Thank you for your interest in this Request for Proposals ("RFP"). The CRA invites proposals
from experienced and eligible affordable housing developers wishing to develop, construct, and
operate affordable multifamily housing on two (2) vacant parcels of land owned by the Southeast
Overtown/Park West Community Redevelopment Agency. Prospective respondents are advised to
read this information carefully prior to submitting a proposal.
1.2 Description of Properties
See description below and Exhibit "A" for detailed property descriptions.
Folio: 01-3136-021-1170
Address: 1611 NW 3rd Avenue, Miami, Florida 33136
Zoning: T5-O
Current Land Use: Vacant lot
Total Property Size: 16,320 sq. ft.
"AS -IS": The property is offered in its "AS IS, WITH ALL FAULTS" condition.
Folio: 01-3136-064-0010
Address: Rear parking lot at 1490 NW 3rd Avenue, Miami, Florida 33136
Zoning: T6-8-O
Current Land Use: Commercial/Surface Parking Lot
Total Property Size: 93,900 sq. ft. (subject area: approximately 11,630 sq. ft.)
"AS -IS": The property is offered in its "AS IS, WITH ALL FAULTS" condition.
4
Attachment: File # 1997 Backup (1997 : Resolution Accepting Selection of Top Ranked Proposer to RFP 17-01)
Packet Pg. 50
4.1.b
KEON HARDEMON
Board Chair
SECTION 2
2.0: RFP GENERAL CONDITIONS
CLARENCE E. WOODS, III
Executive Director
The following provisions shall be applicable to this RFP and be made a part of the Proposer' s
response. These provisions, as well as the contents of the successful proposal, as accepted by the
CRA, will become part of any lease awarded as a result of this RFP.
2.1 Submission of Responses
Sealed written Responses must be received no later than the date, time, and at the location
indicated in the Public Notice and on the cover of this RFP in order to be responsive. Faxed
documents are not acceptable. Proposer(s) shall submit one (1) printed original, four (4) printed
copies, and one (1) copy submitted electronically on a USB drive storage device, CD, or DVD.
2.2 Submittal Instructions
Careful attention must be given to all requested items contained in this RFP. Proposer(s) are
invited to submit Responses in accordance with the requirements of this RFP. PLEASE READ
THE ENTIRE SOLICITATION BEFORE SUBMITTING A RESPONSE.
2.3 Award of a Lease Agreement or Sale and Purchase Agreement
The CRA reserves the right to negotiate a Lease Agreement or a Sales and Purchase Agreement,
collectively called ("Agreement") with the Successful Proposer(s) for the properties identified
above, to be approved by the CRA Board of Commissioners, based upon the qualification
requirements reflected herein. The CRA reserves the right to execute or not execute, as
applicable, any Agreement with the Successful Proposer(s) when it is determined to be in the
CRA's best interests.
2.4 Additional Information or Clarification
Request for additional information or clarifications must be made in writing to the CRA at the
location listed on the cover page of this RFP. Proposer(s) may also fax or email their requests for
additional information or clarifications. Facsimiles must have a cover sheet that includes the
Proposer(s) name and the RFP number.
2.5 Changes / Alterations
The Proposer(s) may change or withdraw a Response at any time prior to the Response
Submission Deadline. All changes or withdrawals shall be in writing. Oral / verbal changes,
modifications, or withdrawals will not be recognized and will be disregarded. Written
modifications will not be accepted after the Response Submission Deadline. Proposer(s) shall not
assign or otherwise transfer their Response to another individual or entity.
2.6 Sub -consultants
5
Attachment: File # 1997 Backup (1997 : Resolution Accepting Selection of Top Ranked Proposer to RFP 17-01)
Packet Pg. 51
4.1.b
KEON HARDEMON
Board Chair
CLARENCE E. WOODS, III
Executive Director
A Sub -consultant is an individual or firm contracted by the Proposer or Proposer's firm to assist
in the performance of services required under this RFP. A sub -consultant shall be paid through
Proposer or Proposer's firm and not paid directly by the CRA. Sub -consultants are allowed by the
CRA in the performance of the services delineated within this RFP. The Proposer must clearly
reflect in its Response the major Sub -consultants to be utilized in the performance of required
services. The CRA retains the right to accept or reject any Sub -consultant proposed in the
Response of Successful Proposer(s) or proposed prior to Agreement execution. Any and all
liabilities regarding the use of a Sub -consultant must be maintained in good standing and
approved by the CRA throughout the duration of the Agreement. Neither the Successful
Proposer(s) nor any of its Sub -consultants are considered to be employees or agents of the CRA.
Failure to list all major Sub -consultants and provide the required information may disqualify any
proposed Sub -consultants from performing work under this RFP.
Proposer(s) shall include in their Response the requested Sub -consultants information and include
all relevant information and include all relevant information required of the Proposer(s).
Proposer(s) are expressly prohibited from substituting Sub -consultants contained in the Response.
Such substitution, for any reason, after receipt of the Response, and prior to award by the CRA,
shall result in disqualification of the Response from further consideration for award.
2.7 Discrepancies, Errors, and Omissions
Any discrepancies, errors, or ambiguities in the RFP should be immediately reported in writing to
the CRA. Should it be necessary, the CRA will issue an addendum clarifying such conflicts or
ambiguities.
2.8 Disqualification
The CRA reserves the right to disqualify Responses before or after the submission date, upon
evidence of collusion with intent to defraud or other illegal practices on the part of the
Proposer(s).
Any Response submitted by a Proposer(s) who is in arrears, e.g., money owed or otherwise in
debt by failing to deliver goods or services to the CRA (including any agency or department of
the City of Miami) or where the CRA has an open claim against a Proposer(s) for monies owed
the CRA at the time of Proposal submission, will be disqualified and shall not be considered for
award.
Any Proposer(s) who submits in its Response any information that is determined by the CRA, in
its sole opinion, to be substantially inaccurate, misleading, exaggerated, or incorrect, shall be
disqualified from consideration the Agreement.
6
Attachment: File # 1997 Backup (1997 : Resolution Accepting Selection of Top Ranked Proposer to RFP 17-01)
Packet Pg. 52
4.1.b
KEON HARDEMON
Board Chair
CLARENCE E. WOODS, III
Executive Director
2.9 Acceptance / Rejection
The CRA reserves the right to accept or reject any or all Responses or to select the Proposer(s)
that, in the opinion of the CRA, is/are in its best interest(s). The CRA also reserves the right to
reject any Proposer(s) who has previously failed to properly perform under the terms and
conditions of a contract, to deliver on time any contracts with the CRA, and who is not in a
position to perform the requirements defined in this RFP. Further, the CRA may waive
informalities, technicalities, minor irregularities, and /or request new Responses for the services
specified in this RFP and may, at its discretion, withdraw and or re -advertise the RFP.
2.10 Proposer(s) Expenditures
The Proposer(s) understand and agree that any expenditure they make in preparation and
submittal of Responses or in the performance of any services requested by the CRA in connection
with the Responses to this RFP are exclusively at the expense of the Proposer(s). The CRA shall
not pay or reimburse any expenditure or any other expense incurred by any Proposer(s) in
preparation of a Response and/or anticipation of a contract award and/or to maintain the approved
status of the Successful Proposer(s) if an Agreement is awarded, and/or administrative or judicial
proceedings resulting from the solicitation process.
2.11 Legal Requirements
This RFP is subject to all applicable federal, state, and local laws, codes, ordinances, rules, and
regulations that in any manner affect any all of the services covered herein. Lack of knowledge
by the Proposer shall in no way be cause for relief from responsibility.
2.12 Public Records
Proposer(s) understand that the public shall have access, at all reasonable times, to all documents
and information pertaining to CRA contracts, subject to the provisions of Chapter 119, Florida
Statutes, and agrees to allow access by the CRA and the public to all documents subject to
disclosure under applicable law. Proposer' s failure or refusal to comply with the provision of this
section shall result in the immediate cancellation of the Agreement (if awarded) by the CRA.
7
Attachment: File # 1997 Backup (1997 : Resolution Accepting Selection of Top Ranked Proposer to RFP 17-01)
Packet Pg. 53
4.1.b
KEON HARDEMON
Board Chair
SECTION 3
3.0: SUBMISSION PROCESS
CLARENCE E. WOODS, III
Executive Director
Proposer(s) shall submit one (1) printed original, four (4) printed copies, and one (1) copy
submitted electronically on a USB drive storage device, CD or DVD. Said proposal must be
submitted in a labeled and sealed envelope and delivered to the following address:
CITY OF MIAMI
The Office of the City Clerk
3500 Pan American Drive
Miami, Florida 33133
Responses must be clearly marked on the outside of the package referencing:
RFP NO. 17-01— DEVELOPMENT OF
1611 NW 3rd AVENUE &
REAR PARKING LOT AT 1490 NW 3''d AVENUE
Responses are due no later than March 20, 2017 at 11:00 a.m. Submissions will not be accepted
at the CRA's office, or any other location. Responses received after the date and time stated in
the RFP will not be accepted and shall be returned unopened to the Proposer(s).
3.1 Submittal Format
Responses are to be prepared and submitted in the following format. All submittals must be on 8
1/2" x 11" paper, neatly typed on one side only, with normal margins, and spacing. Hand written
responses will not be accepted.
1. Cover Page
Show the Proposer(s) name, address, telephone number, name of contact person, date, and
the proposal name and RFP number.
2. Table of Contents
Include a clear identification of the material by section and by page number.
3. Letter of Transmittal
Provide a letter which provides a brief history of the Proposer's entity, summarizes the
key points of the response and is signed by an officer or employee of the respondents firm
who is authorized to act on behalf of the entity. Please limit your transmittal letter to two
(2) pages.
8
Attachment: File # 1997 Backup (1997 : Resolution Accepting Selection of Top Ranked Proposer to RFP 17-01)
Packet Pg. 54
4.1.b
KEON HARDEMON
Board Chair
CLARENCE E. WOODS, III
Executive Director
4. Proposed Development Concept and Financing
Provide your proposed affordable housing development concepts for the properties
described herein. The proposed developments shall provide long-term, affordable housing
to a mix of income brackets and services to residents. The development concepts must
incorporate the following:
a. Provide a general description of each project, highlighting bedroom and income
eligibility mixes and affordability; and
b. Describe how the Prosper intends to successfully manage the properties; and
c. Describe services and amenities that may be offered to residents at each property;
and
d. Provide the financing structure for each project, including private and public
contributions, if applicable; and
e. Provide a proforma to include sources and uses of funds.
All proposals must be consistent with the Southeast Overtown/Park West Community
Redevelopment Agency Plan dated November 2004 by Dover Kohl & Partners as updated by the
Final Update of May 2009 by the City of Miami Planning Department (ver 2.0) which is available
at: http://www.miamicra.com/seopwcra/docs/2009_SEOPW_Redevelopment_Plan.pdf
5. Qualifications and Experience
Provide a narrative statement describing all entities responsible for the development and
management of each project, including the following:
a. A description of each firm relevant to each proj ect's development, construction,
and management. Include information on each firm's role in each project, and
experience working together on previous projects. Also, note which firm will be
the lead for each project; and
b. Demonstrate the experience and ability to successfully complete the project at each
property; and
c. Identify key staff, including brief resumes that include length of time providing
such services and contact information (including location, phone and e-mail
address). The proposal should indicate each team member's responsibility for
project tasks.
6. Financials
Submit proof of your financial capacity to successfully complete each of the proposed
projects. Please include your most recent reviewed financial statements including an
audited balance sheet and income statement prepared by an independent Certified Public
9
Attachment: File # 1997 Backup (1997 : Resolution Accepting Selection of Top Ranked Proposer to RFP 17-01)
Packet Pg. 55
4.1.b
KEON HARDEMON
Board Chair
CLARENCE E. WOODS, III
Executive Director
Accountant ("CPA") in accordance with generally accepted accounting principles for the
previous two (2) complete fiscal years, including disclosures and cash flow statements.
7. Current Developments & Comparable Projects
List of current related or relevant affordable housing projects where the Proposer is either
the owner and/or partner. Proposer must demonstrate that they have successfully
completed a minimum of four (4) comparable projects as lead or master developer within
the last fifteen (15) years. Please list the financial structure of each project including, but
not limited to the public and private contributions. Include photographs of the
developments discussed herein and other developments completed in the past which are
relevant to the scope and scale of this project.
8. References
Three (3) references of which at least one (1) shall be from a financial institution and the
others preferably developmental references, all to include addresses, telephone numbers,
and relationships to the Proposer(s).
10
Attachment: File # 1997 Backup (1997 : Resolution Accepting Selection of Top Ranked Proposer to RFP 17-01)
Packet Pg. 56
4.1.b
KEON HARDEMON
Board Chair
SECTION 4.0
4.0: EVALUATION / SELECTION PROCESS
CLARENCE E. WOODS, III
Executive Director
Upon receipt of proposals, a selection committee to review the proposals and render
recommendation shall be convened by the Executive Director. The selection committee shall be
comprised of at least three (3) members, one of which must be an employee or agent of the CRA.
Said members shall not have any interest in any of the proposals received and considered.
Additionally, the identity of members of the selection committee shall remain undisclosed and
confidential until such time the committee convenes to review the proposals. Such confidentiality
is imposed to ensure selection committee members are not contacted by proposers in an effort to
influence the member's consideration. Contact by a proposer of a committee member for the
purpose of influencing the member's consideration shall result in the proposer being
automatically disqualified from participating in the competitive process.
The selection committee members shall rank the proposals considered. Within five (5) business
days, the chairperson of the committee shall issue a written memorandum to the Executive
Director reflecting the committee's rankings along with the individual members' scores.
The CRA's Board of Commissioners shall have the final decision -making authority concerning
the selection of a successful proposal for the disposition of CRA-owned real property or interest
therein. The Board's consideration shall be made at a public meeting, as required by Section
286.011, Florida Statutes.
The factors outlined below shall be applied to all eligible proposals. All references will be subject
to appropriate evaluation.
EVALUATION CRITERIA
POINT VALUE
Qualifications & Experience of Proposer(s)
30
Proposed Development Concept & Financial
Feasibility
30
Current Developments & Comparable Projects
30
References
10
TOTAL POINTS
100
11
Attachment: File # 1997 Backup (1997 : Resolution Accepting Selection of Top Ranked Proposer to RFP 17-01)
Packet Pg. 57
4.1.b
KEON HARDEMON
Board Chair
CLARENCE E. WOODS, III
Executive Director
All available information on the referenced properties may be obtained from the CRA at 819 NW
2nd Ave, Miami, Florida 33136. For further information, please contact Brian Zeltsman, CRA
Director of Architecture and Development at (305)679-6827 or bzeltsman@miamigov.com. All
interested parties are encouraged to inspect each property.
12
Attachment: File # 1997 Backup (1997 : Resolution Accepting Selection of Top Ranked Proposer to RFP 17-01)
Packet Pg. 58
Exhibit "A"
4.1.b
Site #1:
Folio: 01-3136-021-1170
Address: 1611 NW 3rd Avenue, Miami, Florida 33136
Zoning: T5-O
Current Land Use: Vacant lot
Total Property Size: 16,320 sq. ft.
Site #2:
Folio: 01-3136-064-0010
Address: Rear parking lot at 1490 NW 3rd Avenue, Miami, Florida 33136
Zoning: T6-8-O
Current Land Use: Commercial/Surface Parking Lot
Total Property Size: 93,900 sq. ft. (subject area: approximately 11,630 sq. ft.)
NW,17th STREET
Site #1
Site #2
Attachment: File # 1997 Backup (1997 : Resolution Accepting Selection of Top Ranked Proposer to RFP 17-01)
Packet Pg. 59
4.2
SEOPW Board of Commissioners Meeting
March 21, 2017
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
INTER -OFFICE MEMORANDUM
To: Board Chair Keon Hardemon Date: March 9, 2017 File: 1974
and Members of the CRA Board
Subject: Resolution Authorizing Grant to Suited
for Success, Inc
From: Clarence E. Woods, a--)
Executive Director
Enclosures: File # 1974 Backup
BACKGROUND:
The attached Resolution of the Board of Commissioners of the Southeast Overtown/Park West
Community Redevelopment Agency ("CRA") authorizes a grant, in an amount not to exceed $112,000, to
Suited for Success, Inc. ("SFS") to underwrite costs associated with the provision of training and other
employment support services to job seekers from the Redevelopment Area.
SFS offers career guidance, technology skills training, job -search support, and professional attire to at -
risk women, men, and youth within the Redevelopment Area ("Services"). The organization strives to
provide assistance for unemployed and under -employed adults and youth in the Overtown community by
helping them gain professional skills that are necessary to find employment and accelerate their job
search.
The Board of Commissioners has previously supported SFS in the provision of Services on an annual
basis, as authorized by Resolution Nos. CRA-R-10-0064, CRA-R-11-0054, CRA-R-12-0074, CRA-R-13-
0065, CRA-R-15-0003, and CRA-R-16-0022. SFS has requested assistance in continuing to provide its
Services to job seekers from the Redevelopment Area for 2017.
JUSTIFICATION:
Section 2, Goals 4 and 6, at page 11, of the Southeast Overtown/Park West Community Redevelopment
Agency Plan ("Plan") lists the "creati[on of] jobs within the community," as well as "improving the quality of
life for residents" as stated redevelopment goals.
Section 2, Principle 4, at page 14, of the Plan provides "that employment opportunities be made available
to existing residents ..." as a stated redevelopment principle.
FUNDING:
$112,000 allocated from SEOPW Tax Increment Fund, entitled "Other Grants and Aids" Account No.
10050.920101.883000.0000.00000.
Packet Pg. 60
4.2
AGENDA ITEM
FINANCIAL INFORMATION FORM
SEOPW CRA
CRA Board Meeting Date: March 21, 2017
CRA Section:
Brief description of CRA Agenda Item:
Authorizing a grant, in an amount not to exceed $112,000 to Suited for Success, Inc. to
underwrite costs associated with the provision of lob training and other employment
support services to job seekers from the redevelopment area.
Project Number (if applicable):
YES, there are sufficient funds in Line Item:
Account Code: 10050.920101.883000.0000.00000 Amount:$112,000.00
NO (Complete the following source of funds information):
Amount budgeted in the line item: $
Balance in the line item: $
Amount needed in the line item: $
Sufficient funds will be transferred from the following line items:
ACTION
ACCOUNT NUMBER
TOTAL
Project No./Index/Minot Object
From
$
To
$
From
$
To
$
Comments:
Page 2 of 5
Packet Pg. 61
4.2
Approved by:
—4f/,(7
CIarP : vdodds, Executive Director 3/14/2017
Approval:
Miguel Valbntirrll, F iriardce Officer 3/14/2017
Page 3 of 5
Packet Pg. 62
4.2
Southeast Overtown/Park West
Community Redevelopment Agency
File Type: CRA Resolution
Enactment Number:
File Number: 1974 Final Action Date:
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
AUTHORIZING A GRANT, IN AN AMOUNT NOT TO EXCEED $112,000, TO SUITED
FOR SUCCESS, INC. TO UNDERWRITE COSTS ASSOCIATED WITH THE
PROVISION OF JOB TRAINING AND OTHER EMPLOYMENT SUPPORT SERVICES
TO JOB SEEKERS FROM THE REDEVELOPMENT AREA; AUTHORIZING THE
EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID
PURPOSE; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE
FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO
VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY
DOCUMENTATION; FUNDS TO BE ALLOCATED FROM SEOPW TAX INCREMENT
FUND, ENTITLED "OTHER GRANTS AND AIDS," ACCOUNT CODE NO.
10050.920101.883000.0000.00000.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency
("CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida
Statutes, and is responsible for carrying out community redevelopment activities and projects
within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West
Redevelopment Plan ("Plan"); and
WHEREAS, Section 2, Goal 4, at page 11, of the Plan lists the "creati[on of] jobs within
the community," as a stated redevelopment goal; and
WHEREAS, Section 2, Goal 6, at page 11, of the Plan lists "improving the quality of life
for residents," as a stated redevelopment goal; and
WHEREAS, Section 2, Principle 4, at page 14, of the Plan provides "that employment
opportunities be made available to existing residents ...," as a stated redevelopment principle;
and
WHEREAS, Suited for Success, Inc. ("SFS") offers career guidance, technology skills
training, job -search support, and professional attire to at -risk women, men, and youth within the
Redevelopment Area ("Services"); and
WHEREAS, the Board of Commissioners has previously supported SFS in the provision
of Services on an annual basis; and
WHEREAS, the SFS has requested assistance in continuing to provide its Services to
job seekers from the Redevelopment Area for 2017; and
Page 4 of 5
Packet Pg. 63
4.2
WHEREAS, the Board of Commissioners wish to authorize a grant, in an amount not to
exceed $112,000 to SFS to underwrite costs associated with the provision of services to job
seekers from the Redevelopment Area; and
WHEREAS, the Board of Commissioners finds that such a grant would further the
aforementioned redevelopment goals and objectives;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. The Board of Commissioners hereby authorizes a grant, in an amount not
to exceed to $112,000, to Suited for Success, Inc. to underwrite costs associated with the
provision of training and other employment support services to job seekers from the
Redevelopment Area.
Section 3. The Executive Director is authorized to execute all documents necessary
for the purposes set forth above.
Section 4. The Executive Director is authorized to disburse funds, at his discretion,
on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory
documentation.
Section 5. Funds are to be allocated from SEOPW Tax Increment Fund, entitled
"Other Grants and Aids," Account Code No. 10050.920101.883000.0000.00000.
Section 6. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Re;iee Jadusingh, Staff CoLnsel '0/ 14/2017
Page 5 of 5
Packet Pg. 64
4.2.a
DRESS F O R SUCCESS®
SUITED FOR SUCCESS
MIAMI
1600 NW 3rd Avenue, Suite 111 • Miami, FL 33136
February 28, 2017
To whom it may concern:
Suited For Success/Dress for Success Miami is requesting a grant renewal in the amount of
$110,000 from the CRA so that we may continue to provide low-income and disadvantaged
clients with our vital employment skills training, professional business clothing and career
development services. We are also asking for a two-year contract, totaling $220,000, to
ensure uninterrupted service for the next two years.
Since starting operations in 1994, Suited for Success has provided services to over 60,000
low-income men, women and youth in Miami -Dade County. At SFS we have instilled a level
of confidence, dignity and empowerment among our at -risk populations in Miami and have
seen great success stories these past few years. There is a great demand and need for our
services especially given the recent economic downturn and last year alone we provided
services to over 1,200 adults and youth seeking employment of which more than 400 came
from the SEOPW/CRA community. As a nonprofit organization we rely on government
assistance by means of grants to keep our organization going.
As we enter our 8th year in the SEOPW/CRA neighborhood here are some of the
accomplishments we have had over the past year:
• We served more than 400 individuals from Overtown and surrounding neighborhoods
and held 21 training programs at partners such as MDC, FIU, Chapman Partnership
and Career Source.
• We reached out and established relationships with the following local
agencies/businesses: Overtown Youth Center, YWCA, Camillus House, Urgent Inc.,
The Overtown NET Office, NANA, MDC Hospitality Training Institute, Booker T.
Washington Senior High School, Miami Rescue Mission, Community Action Agency,
and the newly formed Overtown Children and Youth Coalition (OCYC).
• We are launching a new Vets for Success program this year, which will provide
training and certification in customer service to prepare unemployed veterans and
family members for emerging employment opportunities in the area.
I would like to request that we be placed on the March or April agenda of the CRA
Commission meeting so that we can avoid any interruption of services to the
community as our current contract ends May 31, 2017. We look forward to another
successful year of providing the much needed services to our local residents.
Thank you for your consideration.
Sincerely,
Sonia Jacobson/ ounder & Executive Director
Attachment: File # 1974 Backup (1974 : Resolution Authorizing Grant to Suited for Success, Inc)
Packet Pg. 65
4.2.a
Suited for Success
Grant Proposal
CRA
FY 2017-18
The mission of Suited for Success (SFS) is to promote the economic independence of
disadvantaged men, women and youth by providing employment skills training, professional
business attire for job interviews, a network of support and the career development tools to
help them thrive in work and in life. We strive to provide assistance for the unemployed and
under -employed adults and youth in the Overtown community helping them gain the
professional skills they will need to find employment, accelerate their job search and build
confidence through ongoing training sessions, one-on-one career coaching and networking
in a supportive environment.
History of Suited for Success
Founded in 1994, Suited for Success answered a vital need for career -building initiatives
after welfare reform was instituted. The Welfare Reform Act in 1996 set time restrictions for
recipients on public assistance, which in turn forced heads of households into low -wage
jobs. Because of the rapid increase in the number of poor, working adults, they had become
a much underserved segment of society. Through our programs and services, Suited for
Success was able to answer the needs of a growing, poverty-stricken workforce. Suited for
Success has seen over 60,000 individuals since inception through its men's, women's
(Dress for Success Miami) and youth programs.
Program Description
As a part of our program, job training classes are held at our location at The Culmer Center
as well as at partnering agencies throughout Miami -Dade County. Our skills training course
prepares clients on a variety of topics: Managing the job search; Interviewing skills; Proper
dress; Resume writing; Financial literacy; Mock interviews. Once training has been
completed, clients are given an appointment to receive business attire for their job
interview.
Clients arrive at SFS by referral only from over 125 social service agencies, including
homeless shelters, domestic violence shelters, and welfare -to -work job training centers.
These partnering agencies refer clients to us while adhering to our strict referral criteria. In
an average year, over 1,000 clients will be served by SFS. Approximately 50°/0 of our
clients are African -American, 45% are Hispanic and 5°/o are defined as "other" which
includes Asian -American, Native American and those who don't define their background.
Last year alone we provided services to 1,200 clients of which more than 400 adults and
youth came from the Overtown community.
Upon completion of the employment skills training course, clients receive an appointment at
the SFS office to get them ready for their interviews. Trained volunteers provide one-on-one
help and select a wardrobe appropriate for a job interview. Our volunteers are trained to
gently guide the clients through the selection process, making recommendations and
educating them on workplace expectations.
Each client, be it man or woman, who comes to SFS receives personal attention and is
treated with dignity and respect. Clients are encouraged to discuss their upcoming
interview, professional presentation, child-care plans, and other concerns. Creating a
positive environment for the client, SFS strives to stimulate self-confidence helping clients
overcome the fears associated with job interviewing.
Attachment: File # 1974 Backup (1974 : Resolution Authorizing Grant to Suited for Success, Inc)
Packet Pg. 66
4.2.a
Suited for Success wants to build upon our 22+ successful years of providing programs that
support economic and social development to low-income clients who are entering or
returning to the workforce. When we assist a client with skills to enable them to feel more
confident in their job search and ultimately find employment we are helping a future
generation into systematic change. Everyday we work towards getting men, women and
their children out of poverty and into self-sufficiency by providing a cadre of services to
move them into self-sufficiency.
Suited for Success is requesting that the CRA consider our request for $110,000 to
fund our program for 2017-18. This funding supports our Community Outreach
Coordinator and Administrative Assistant positions, which increase the quality and
scope of our services to the Overtown community. If possible, we'd like to secure a
two-year grant for $110,000 per year, to ensure uninterrupted service to our clientele.
With funding from the CRA we will be able to continue to meet the demands of the many
people and agencies that call upon us for assistance. This past year we have had referrals
from the following agencies located within the CRA boundaries: Transitions, Inc., The
Overtown Youth Center, YWCA, Camillus House, Urgent Inc., Better Way of Miami, The
Overtown NET Office, MDC Hospitality Training Institute, Chapman Partnership, Booker T.
Washington Senior High School and Touching Miami with Love. These are only a partial list
of the 125 agencies that refer clients to our office throughout the year.
We have established relationships with Walmart, Carnival Cruise Lines, Miami Dade College
and Macy's. In addition, Suited for Success is a member of the Overtown Children and
Youth Coalition, working with community partners to enhance the services in Overtown for
the underserved youth.
Our location in The Culmer Center, 1600 NW 3rd Avenue, in the heart of Overtown gives us
access to more space, training rooms and computer labs which will enhance our ongoing
training programs.
Community Recognition
Over the past 20 years, SFS has received an enormous amount of community recognition.
Here are some highlights:
• Florida's Finest Award given my Governor Lawton Chiles
• Outstanding Community Service Award given by Vice President Al Gore and The
White House
• United Way Impact Partner & Service Award Winner
• Feature story on CNN December 2009
• Coral Gables Chamber of Commerce Diamond Award Finalist
• Department of Juvenile Justice Award Winner
• South Florida Work Force Award Winner
• City of South Miami Trailblazer Award
• Women's Committee of One Hundred Award Winner
• City of Miami Award Winner
• Non -Violence Project Award Winner
• PACE Award Winner
• South Florida Women's Business Conference Award Winner
• National Association of Courts Award Winner
• Jewish Community Services multiple Award Winner
• Greater Miami Chamber of Commerce Award Winner
• Proclamations from Miami -Dade County, City of Miami, City of South Miami
Attachment: File # 1974 Backup (1974 : Resolution Authorizing Grant to Suited for Success, Inc)
Packet Pg. 67
4.2.a
SUITED FOR SUCCESS 0DRESS FOR SUCCESS®
1600 NW 3rd Ave., Suite 111, Miami, FL 33136 M I A M I
Suited For Success
1600 NW 3rd Avenue #111
Miami, FL 33136
Proposed Budget
FY 2017-18
Description
Proposed Budget
Rent
$5,000
Telephone/Communications
0
Project Staff Trainer
$39,000
Program Developer/Training Manager
$15,000
Overtown Liaisons (2 staff)
$50,000
Marketing/Development/Outreach
$0
Liability/Property Insurance
$0
Office Supplies
$1,000
Laptop Computers
$2,000
TOTAL
$112,000
Attachment: File # 1974 Backup (1974 : Resolution Authorizing Grant to Suited for Success, Inc)
Packet Pg. 68
4.3
SEOPW Board of Commissioners Meeting
March 21, 2017
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
INTER -OFFICE MEMORANDUM
To: Board Chair Keon Hardemon Date: March 14, 2017 File: 1975
and Members of the CRA Board
Subject: Resolution Authorizing Grant for the
2017 Overtown Music & Arts Festival
From: Clarence E. Woods, a--)
Executive Director
Enclosures: File # 1975 Backup
BACKGROUND:
The attached Resolution of the Board of Commissioners of the Southeast Overtown/Park West
Community Redevelopment Agency ("CRA") authorizes a grant, in an amount not to exceed $225,000, to
Headliner Market Group, Inc. ("HMG") to underwrite costs associated with the production of the 2017
Overtown Music & Arts Festival ("Festival") scheduled to occur on July 15, 2017.
Established in 2001, HMG is a promotions and marketing company that has successfully produced
numerous music industry -related events, including the 2014, 2015, & 2016 Overtown Music and Arts
Festival. Given such success, HMG seeks to leverage its experience and industry contacts in order to
attract visitors to the Redevelopment Area for purposes of stimulating the local economy.
The Board of Commissioners has previously supported the HMG in its production of the Overtown Music
& Arts Festival as authorized by Resolution Nos. CRA-R-14-0019, CRA-R-15-0005, and CRA-R-16-0010.
This year, the Festival is scheduled to occur on July 15, 2017 in the former Entertainment District of
Overtown along N.W. 2nd between N.W. 11th Terrace and N.W. 8th Street during the hours of 11 a.m. to 6
p.m. Admission to the Festival would be free and the grounds will be transformed into a showcase of
local vendors highlighting their artwork, local food, and local services. Additionally, two stages will feature
national and local music artist. The genre of music will be Gospel and R & B, in homage to Overtown's
rich music history. In furtherance of the Festival's family -friendly atmosphere, a dedicated "Kid Zone" will
be presented by Teens Exercising Extraordinary Success, which will introduce the youth to arts and
culture through specially designed hands on activities.
JUSTIFICATION:
Section 2, Goal 5, at page 11, of the Southeast Overtown/Park West Community Redevelopment Plan
("Plan") lists the promotion of "local cultural events, institutions, and businesses," as a stated
redevelopment goal. Further, Section 2, Principle 14, at page 16, of the Plan provides for the "resto[ration
of] a sense of community and unif[ication in] the area culturally," as a stated redevelopment principle.
FUNDING:
$225,000 allocated from SEOPW Tax Increment Fund, entitled, "Other Grants and Aids," Account Code
No. 10050.920101.883000.0000.00000.
Packet Pg. 69
4.3
AGENDA ITEM
FINANCIAL INFORMATION FORM
SEOPW CRA
CRA Board Meeting Date: March 21, 2017
CRA Section:
Brief description of CRA Agenda Item:
Authorizing a grant to Headliner Market Group, Inc. in the amount not to exceed
$225,000 for the Overtown Music and Arts Festival.
Project Number (if applicable):
YES, there are sufficient funds in Line Item:
Account Code: 10050.920101.883000.0000.00000 Amount: $ 2 2 5, 0 0 0.0 0
NO (Complete the following source of funds information):
Amount budgeted in the line item: $
Balance in the line item: $
Amount needed in the line item: $
Sufficient funds will be transferred from the following line items:
ACTION
ACCOUNT NUMBER
TOTAL
Project No./Index/Minot Object
From
$
To
$
From
$
To
$
Comments:
Approved by:
Clar
Approval:
Woods, Executive Director 3/14/2017
Miguel A Valentin, T iarice Officer 3/14/2017
Page 2 of 4
Packet Pg. 70
4.3
Southeast Overtown/Park West
Community Redevelopment Agency
File Type: CRA Resolution
Enactment Number:
File Number: 1975 Final Action Date:
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
AUTHORIZING A GRANT, IN AN AMOUNT NOT TO EXCEED $225,000, TO
HEADLINER MARKET GROUP, INC. TO UNDERWRITE COSTS ASSOCIATED WITH
THE PRODUCTION OF THE 2017 OVERTOWN MUSIC & ARTS FESTIVAL,
SCHEDULED TO OCCUR ON JULY 15, 2017; AUTHORIZING THE EXECUTIVE
DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE;
FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT
HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS,
UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION;
FUNDS TO BE ALLOCATED FROM SEOPW TAX INCREMENT FUND, ENTITLED
"OTHER GRANTS AND AIDS," ACCOUNT CODE NO.
10050.920101.883000.0000.00000.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency
("CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida
Statutes, and is responsible for carrying out community redevelopment activities and projects
within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West
Redevelopment Plan ("Plan"); and
WHEREAS, Section 2, Goal 5, at page 11, of the Plan lists the promotion of "local
cultural events, institutions, and businesses," as a stated redevelopment goal; and
WHEREAS, Section 2, Principle 14, at page 16, of the Plan provides for the "resto[ration
of] a sense of community and unif[ication in] the area culturally," as a stated redevelopment
principle; and
WHEREAS, established in 2001, Headliner Market Group, Inc. ("HMG") is a promotions
and marketing company that has successfully produced numerous music industry -related
events; and
WHEREAS, HMG seeks to leverage its experience and industry contracts in order to
attract visitors to the Southeast Overtown/Park West Redevelopment Area by producing the
2017 Overtown Music & Arts Festival ("Festival") for purposes of stimulating the local economy;
and
WHEREAS, the Festival is scheduled to occur on July 15, 2017 in the former
Entertainment District of Overtown along N.W. 2nd between N.W. 11th Terrace and N.W. 8th
Street during the hours of 11 a.m. to 6 p.m., and admission would be free to the public; and
Page 3 of 4
Packet Pg. 71
4.3
WHEREAS, the Festival will entail a showcase of local vendors highlighting their
artwork, local food, and local services, two stages featuring national and local music artists, and
a dedicated "Kid Zone" wherein youth will be able to experience arts and culture through
participation in specially designed hands on activities; and
WHEREAS, the Board of Commissioners wish to authorize a grant, in an amount not to
exceed $200,000 to HMG to underwrite costs associated with the production of the Festival; and
WHEREAS, the Board of Commissioners finds that such a grant would further the
aforementioned redevelopment goals and objectives;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. The Board of Commissioners hereby authorizes a grant, in an amount not
to exceed to $200,000, to Headliner Market Group, Inc. to underwrite costs associated with the
production of the 2017 Overtown Music & Arts Festival, scheduled to occur on July 15, 2017.
Section 3. The Executive Director is authorized to execute all documents necessary
for the purposes set forth above.
Section 4. The Executive Director is authorized to disburse funds, at his discretion,
on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory
documentation.
Section 5. Funds are to be allocated from SEOPW Tax Increment Fund, entitled
"Other Grants and Aids," Account Code No. 10050.920101.883000.0000.00000.
Section 6. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Renee Jadusingh, Staff CoUnsel '' 3r14/2017
Page 4 of 4
Packet Pg. 72
4.3.a
Headliner 1I'hirkot Group, Inc.
Clarence E. Woods, III, Executive Director
Southeast Overtown/Park West
Community Redevelopment Agency
819 NW 2nd Avenue, 3rd Floor
Miami, FL 33136
Dear Sirs:
Headliner Market Group Inc's overall mission is to promote and celebrate the rich
history and culture of the community, through the re-creation, planning, coordination
and presentation of the 2017 Overtown Music & Arts Festival. Since Headliner took on
the production of the festival in 2014, attendance numbers have steadily increased from
approximately 1,500 attendees (prior to 2014) to over 10,000 attendees last year (2016).
We are confident that 2017 will be no different. The T.E.E.S. Youth Zone was even
larger and included live performances with a second stage, and offered more resources
than ever before. We are requesting to move the location of the Festival to highlight the
former Entertainment District of Overtown (NW 2nd Avenue from NW 11th Terrace to
NW 8th Street).
We are also requesting an increase of funding from the CRA in the amount of Three
Hundred & Ten Thousand ($310,000.00) Dollars to support the Overtown Music & Arts
Festival which will take place on Saturday, July 15, 2017. The increase in budget is
necessary to ensure that we continue to expand and provide the best event possible.
We have attached a preliminary line item budget.
Every aspect of the Festival has been carefully thought out in an effort to celebrate
Overtown s rich history and culture. The goal for this years' Festival is:
• To shine a positive light upon the Overtown community;
• Promote and stimulate economic development;
• Showcase history, culture, music, and art; and
• Create excitement and motivation for the community
We are requesting that the CRA provide funding for this project because at the heart of
this Festival is a fervent desire to bring Overtown out from under a cloud of darkness
and into the light. Overtown has a rich cultural and music history that should be
celebrated and highlighted which is what this years' Festival will strive hard to achieve
with the support of the City of Miami and the CRA.
h 3440 NW 7 Avenue / Miami FL 33127
Phone: (786)420-2380 I Email. HeadlinerWorldwide305 gmail.com
Attachment: File # 1975 Backup (1975 : Resolution Authorizing Grant for the 2017 Overtown Music & Arts Festival)
Packet Pg. 73
4.3.a
Headliner Market Group, Inc.
ORGANIZATIONAL HISTORY
Headliner Market Group, Inc. (HMG) is a premier marketing and promotions company.
HMG was founded for the purpose of creating a resourceful and reliable company with
the knowledge and expertise of party planning and coordinating special events. The
company strives to provide creative, cutting edge events that establish HMG as a
dominant force in the nation. HMG designs and produces exciting high profile one -of -a
kind events through the combination of service, superstar celebrities, athletes,
trendsetters and taste makers. We create innovative events while providing quality
services to clients and consumers. Hard work and commitment has allowed HMG to
rise to elite status while creating the highest in attendance record, star studded urban
and/or crossover events in the nation.
Thank you in advance.
Regards,
Michael Gardner
President
h 3440 NW 7 Avenue / Miami FL 33127
Phone: (786) 420-2380 I Email. HeadlinerWorldwide305 gmail.com
Attachment: File # 1975 Backup (1975 : Resolution Authorizing Grant for the 2017 Overtown Music & Arts Festival)
Packet Pg. 74
2017 OMAF Prosposed Budget
City Services
$
25,000.00
Decor/Materials
$
20,000.00
Food & Beverage
$
8,000.00
Insurance
$
3,000.00
Marketing/Promotion
$
70,000.00
Miscellaneous Expenses
$
7,200.00
Permits
$
1,500.00
Production Costs
$
75,000.00
Security (in addition to police)
$
5,000.00
Signage
$
4,300.00
Staffing
$
15,000.00
Talent & Talent Expenses
$
75,000.00
Volunteers/Festival Staff
$
1,000.00
$
310,000.00
4.3.a
Attachment: File # 1975 Backup (1975 : Resolution Authorizing Grant for the 2017 Overtown Music & Arts
Packet Pg. 75
4.4
SEOPW Board of Commissioners Meeting
March 21, 2017
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
INTER -OFFICE MEMORANDUM
To: Board Chair Keon Hardemon Date: March 14, 2017
and Members of the CRA Board
From: Clarence E. Woods, t)
Executive Director
File: 1977
Subject: Resolution Authorizing Grant to
Neighbors and Neighbors Association,
Inc.
Enclosures: File # 1977 Backup
BACKGROUND:
The attached Resolution of the Board of Commissioners of the Southeast Overtown/Park West
Community Redevelopment Agency ("CRA") authorizes a grant, in an amount not to exceed $200,000, to
Neighbors and Neighbors Association, Inc. ("NANA") to underwrite costs associated with the continued
operation of the Business Incubator and Development Program ("Program").
NANA is a non-profit corporation established in 1995 to assist small businesses throughout Miami -Dade
County, and has been retained by Miami -Dade County to provide technical assistance for its Mom and
Pop Small Business Grant Program and its Micro Loan Program. In recognition of NANA's success with
small businesses and job creation, the CRA has authorized grants to NANA in the past to ensure that
specialized technical assistance tailored to the needs of the Redevelopment Area are available to
compliment and further the CRA's economic development efforts.
NANA now seeks assistance from the CRA to continue the administration of the Program. The Program
has served a number of local businesses by enabling access to, among other things, technical
assistance, workshops and training, office services, assistance with identifying capital funding sources,
and a business mentoring partnership. Additionally, the Program continues to include the Community
Workforce Training Program ("CWTP"), which aims to ensure that local residents have necessary skills
and certifications that will increase their job readiness. CWTP provides employment screening,
placement, and referrals of local residents seeking to obtain gainful employment.
JUSTIFICATION:
Section 2, Goals 4 and 6, at page 11, of the Southeast Overtown/Park West Community Redevelopment
Agency Plan ("Plan") lists the "creati[on of] jobs within the community," and "improving the quality of life
for residents" as stated redevelopment goals. Section 2, Principle 6, at page 15, of the Plan further lists
the promotion of "local cultural events, institutions, and businesses," as a stated redevelopment principle.
Principle 6, at page 15 also provides that in order to "address and improve the neighborhood economy
and expand economic opportunities of present and future residents and businesses[,] ... [it is necessary
to] support and enhance existing businesses and ... attract new businesses that provide needed services
and economic opportunities ..."
Packet Pg. 76
4.4
FUNDING:
$200,000 allocated from SEOPW Tax Increment Fund, entitled "Other Grants and Aids" Account No.
10050.920101.883000.0000.00000.
Page 2 of 5
Packet Pg. 77
4.4
AGENDA ITEM
FINANCIAL INFORMATION FORM
SEOPW CRA
CRA Board Meeting Date: March 21, 2017
CRA Section:
Brief description of CRA Agenda Item:
Authorizing a grant in the amount not to exceed $200,000, to NANA for the continued
operation of the Overtown Business and Employment Resources Center.
Project Number (if applicable):
YES, there are sufficient funds in Line Item:
Account Code: 10050.920101.883000.0000.00000 Amount: $ 2 0 0, 0 0 0.0 0
NO (Complete the following source of funds information):
Amount budgeted in the line item: $
Balance in the line item: $
Amount needed in the line item: $
Sufficient funds will be transferred from the following line items:
ACTION
ACCOUNT NUMBER
TOTAL
Project No./Index/Minot Object
From
$
To
$
From
$
To
$
Comments:
Approved by:
Clar
Approval:
Woods, Executive Director 3/14/2017
Miguel A Valentin, T iarice Officer 3/14/2017
Page 3 of 5
Packet Pg. 78
4.4
Southeast Overtown/Park West
Community Redevelopment Agency
File Type: CRA Resolution
Enactment Number:
File Number: 1977 Final Action Date:
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY,
AUTHORIZING A GRANT, IN AN AMOUNT NOT TO EXCEED $200,000, TO
NEIGHBORS AND NEIGHBORS ASSOCIATION, INC., TO UNDERWRITE COSTS
ASSOCIATED WITH THE CONTINUED OPERATION OF THE BUSINESS
INCUBATOR AND DEVELOPMENT PROGRAM ("PROGRAM"); FURTHER
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS
NECESSARY FOR SAID PURPOSE; AUTHORIZING THE EXECUTIVE DIRECTOR
TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR
DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND
SATISFACTORY DOCUMENTATION; ALLOCATING FUNDS FROM SEOPW,
"OTHER GRANTS AND AIDS," ACCOUNT CODE NO.
10050.920101.883000.0000.00000.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency
("CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida
Statutes, and is responsible for carrying out community redevelopment activities and projects
within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West
Redevelopment Plan ("Plan"); and
WHEREAS, Section 2, Goals 4 and 6, at page 11, of the Plan lists the "creati[on of] jobs
within the community," and "improving the quality of life for residents" as stated redevelopment
goals; and
WHEREAS, Section 2, Principle 6, at page 15, of the Plan lists the promotion of "local
cultural events, institutions, and businesses," as a stated redevelopment principle; and
WHEREAS, Section 2, Principle 6, at page 15, of the Plan provides that in order to
"address and improve the neighborhood economy and expand economic opportunities of
present and future residents and businesses[,] ... [it is necessary to] support and enhance
existing businesses and ... attract new businesses that provide needed services and economic
opportunities ... ;" and
WHEREAS, Neighbors and Neighbors Association, Inc. ("NANA") is a non-profit
corporation established in 1995 to assist small businesses throughout Miami -Dade County, and
has been retained by Miami -Dade County to provide technical assistance for its Mom and Pop
Small Business Grant Program and its Micro Loan Program; and
WHEREAS, in recognition of NANA's success with small businesses and job creation,
the CRA has authorized grants to NANA in the past to ensure that specialized technical
Page 4 of 5
Packet Pg. 79
4.4
assistance tailored to the needs of the Redevelopment Area are available to compliment and
further the CRA's economic development efforts; and
WHEREAS, NANA now seeks assistance from the CRA to continue the administration of
the Program; and
WHEREAS, the Program has served a number of local businesses by enabling access
to, among other things, technical assistance, workshops and training, office services, assistance
with identifying capital funding sources, and a business mentoring partnership; and
WHEREAS, the Board of Commissioners wish to authorize a grant, in an amount not to
exceed $200,000, to NANA to underwrite costs associated with the continued operation of the
Business Incubator and Development Program; and
WHEREAS, the Board of Commissioners finds that such a grant to NANA would further
the above mentioned redevelopment goals and objectives;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. The Board of Commissioners hereby authorizes a grant in an amount not
to exceed $200,000, to Neighbors and Neighbors Association, Inc. to underwrite costs
associated with the continued operation of the Business Incubator and Development Program.
Section 3. The Executive Director is authorized to execute all documents necessary
for said purpose.
Section 4. The Executive Director is authorized to disburse funds, at his discretion,
on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory
documentation.
Section 5. Funds to be allocated from SEOPW Tax Increment Fund, entitled "Other
Grants and Aids," Account Code No. 10050.920101.883000.0000.00000.
Section 6. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Re iee Jadusrngh, Staff Counsel J/ 14/2017
Page 5 of 5
Packet Pg. 80
4.4.a
NEIGHBORS AND NEIGHBORS ASSOCIATION, INC. ("NANA")
Overtown Business and Employment Resource Center
For the Southeast Overtown/Park West Redevelopment Area
I. ORGANIZATIONAI, EXPERIENCE
NANA has been funded by the Southeast Overtown/Park West Community Redevelopment Agency
("CRA") since 2008. NANA has a wealth of experience in assisting small businesses to realize economic
success. NANA's technical assistance includes, but is not limited to, assisting businesses with technical
support by offering business training, negotiating with government agencies, permits, license, code
compliance, completing loan and grant applications, landlord/tenant disputes, 40-year building
recertification, on -site visits and referrals. NANA's goal to help small businesses and to support
economic development initiatives are clearly evident from the nature of the numerous programs
administered by NANA.
A. MIAMI-DADECOUNTY "MOMAND POP" SMALL BUSINESS
GRANT PROGRAM
Examples of the aforementioned can be seen in NANA's administration of Miami -Dade County's "Mom
and Pop Small Business Grant Program," in which NANA has created an avenue to access dedicated
funding through Miami -Dade County. The "Mom and Pop Small Business Grant Program" was created
to provide financial and technical assistance to qualified small businesses that are approved for funding.
In turn, small businesses have been afforded the opportunity to interact with local government under
favorable conditions and this relationship has ultimately worked towards bridging the gap between the
small business community and local governmental entities. Funding from the "Mom and Pop Small
Business Grant Program" can be used to purchase equipment, supplies, advertising/marketing inventory,
building liability insurance, security systems and to make minor renovations.
NANA helped to develop the grant process for the "Mom and Pop Small Business Grant Program" in
order to ensure that funding reach those eligible businesses in need. Participants in the "Mom and Pop
Small Business Grant Program" are afforded technical assistance to help create better working and
business environments, promote economic development opportunities, and educate small businesses on
the various programs and projects that benefit small businesses, As a result, financial assistance has been
made available to over 6,000 small businesses throughout Miami -Dade County.
B. MIAMI-DADE COUNTY "MICRO LOAN PROGRAM"
As with the "Mom and Pop Small Business Program," NANA, through Tools for Change, Inc. also
administers Miami -Dade County's Micro Loan Program, which provides direct technical assistance to a
minimum of 300 small businesses throughout Miami -Dade County in order to assist said businesses in
becoming efficient and profitable. Additionally, small businesses are able to access funding through a
loan process that considers the economic circumstances of these small businesses.
C. CITY OF MIAMI "MICRO ENTERPRISE BUSINESS ASSISTANCE
PROGRAM"
NANA administers the City of Miami's Micro Enterprise Business Program, which provides funding, up
to $10,000 to low to moderate income business owners located in the City of Miami's District 5.
D. SMALL BUSINESS FORMATION WORKSHOP
Attachment: File # 1977 Backup (1977 : Resolution Authorizing Grant to Neighbors and Neighbors Association, Inc.)
1
Packet Pg. 81
4.4.a
The Small Business Formation Workshop provided by NANA offers a thorough overview of all the
considerations and components of starting a business. Participants in the workshop learn how to
incorporate as a corporate business entity, and what type of corporation status their particular business
needs, as well as the various legal entities involved in incorporating. The workshop also offers
participants a corporate kit filling.
D. Miami- Dade County Employ Miami- Dade Training Program
NANA administers the Miami -Dade County Employ Miami -Dade Training Program, which
provides vocational and work readiness training classes low income, unemployed, underemployed hard to
employ residence who reside within one of the eighteen (18) disadvantages communities throughout
Miami Dade County. Participants enrolled in classes who successful complete are eligible to receive a
stipends up to $ 1,325.
II. BUSINESS INCUBATOR AND DEVELOPMENT PROGRAM: OVERTOWN
EMPLOYMENT TRAINING AND REFFRRAI, PROGRAM: TECHNICAL
ASSISTANCE / PROCUREMENT TRAINING PROGRAM
A. REQUEST
NANA seeks to continue the provision of assistance to small businesses and to expand its efforts to reach
individual residents to help develop job opportunities for said residents. To achieve this, NANA hopes to
continue its administration of the Business Incubator and Development Program at the Overtown
Business Resource Center, and the Overtown Employment Training and Referral Program. In addition,
NANA is seeking to develop and administer the Technical Assistance / Procurement Training Program,
which will further enhance the impact of NANA's efforts in Overtown.
The Business Incubator and Development Program will continue to provide office space and
direct technical assistance to small businesses with the hope of creating job opportunities for
residents. Participants in the Business Incubator and Development Program will benefit from
various training exercises and exposure to successful business owners who can act as mentors.
The Technical Assistance / Procurement Training Program will help prepare Overtown businesses to
effectively compete for governmental contracting opportunities. Participants will be given technical
assistance on how to respond to formal solicitations, develop unsolicited proposals, and how to apply for
grant and/or loan programs offered by local governments.
The Overtown Employment Training and Referral Program will continue to help to prepare residents
throughout the Redevelopment Area to enter into stable, gainful employment by identifying their level of
job readiness and providing them with the skills necessary to enter into the workforce.
NANA is interested in continuing its administration of Business Incubator and Development Program and
implementing the Technical Assistance / Procurement Training Program because the services offered
through said Programs complement our organizational goals and objectives of offering direct assistance to
small businesses, while also serving to support economic development in the Redevelopment Area.
For the Community Workplace Training Program, NANA's long term mission is will be met because
NANA is looking to expand beyond providing technical assistance to small businesses and include
assisting individuals that reside within the communities we serve. The continuance of this program will
enable NANA to provide direct assistance to the participating residents in order to ensure that they have
an opportunity to participate in the broader revitalization of the Redevelopment Area.
Attachment: File # 1977 Backup (1977 : Resolution Authorizing Grant to Neighbors and Neighbors Association, Inc.)
2
Packet Pg. 82
4.4.a
B. DESCRIPTION AND SCOPE
1. BUSINESS INCUBATOR AND DEVELOPMENT PROGRAM
The Business Incubator and Development Program provide incubator space each month to a minimum of
five (5) businesses owned within the Redevelopment Area. Services provided through this program
include:
• Access to various business related workshops and training
• Computer use and Wi-Fi access
• Access to site visits of successful business enterprises and participation in a business
mentoring partnership
• Office services, including copies, telephone and facsimile use, and notary services
• Access to conference space
• Business referrals
• Link business to City/County websites (advertising)
In an effort to ensure that participating businesses are fully realizing the benefits offered, NANA will
monitor businesses that receive incubator space by evaluating the following:
• Program participation/completion
• Attainment of required licenses/permits
• Workshop/training session attendance
• Sales/Gross receipts
Additionally, invited guest speakers will be participating and offering business insights and opportunities
in their respective fields (i.e., Department of Treasury/IRS, Barry University Entrepreneurial Institute,
City of Miami Purchasing Department, CareerSource South Florida, Accion USA, Partners for Self -
Employment, Service Corp. of Retired Executives (SCORE), Florida Women's Center, Miami -Dade
County Department of Procurement Management, etc.)
Business participants are generally small businesses located in low to very low income areas and their
customer base also falls into the low to very low income category, and whose census tracts with the L/M
population is fifty-one percent or more.
NANA also intends to leverage benefits afforded to participating businesses under the Incubator and
Development Program with the other programs administered by NANA on behalf of the City of Miami
and Miami -Dade County.
2. TECHNICAL ASSISTANCE / PROCUREMENT TRAINING PROGRAM
The Technical Assistance / Procurement Training Program will offer assistance and training to Incubator
Residents and other Overtown businesses in the following areas:
• Business Plan Preparation
• Strategic Planning
• Understanding & Satisfying Regulatory Requirements (City, County, State, Professional,
etc.)
• Identification of Capital Funding Sources
• Customer Service
• Business Development Planning
• Marketing/Advertising/Public Relations
• Doing Business with Government
• Responding to Formal Procurement Solicitations:
Attachment: File # 1977 Backup (1977 : Resolution Authorizing Grant to Neighbors and Neighbors Association, Inc.)
3
Packet Pg. 83
4.4.a
o Bids
o RFP's/RFA's
o RFLI's
• Applying for Grants/Loans
• Preparation and Submission of Unsolicited Proposals
This Technical Assistance will be provided either through workshops conducted by subject matter experts
or through one-on-one counseling with program staff.
Technical Assistance related to formal procurement solicitations will be offered to individuals/businesses
that meet the minimum qualifications for the solicitation(s) they are seeking to respond to and have
readily available all required documentation.
Technical Assistance related to grants, loans and unsolicited proposals will focus upon assisting business
owners to take advantage of the types of programs offered by local governments to assist small businesses
(i.e. Micro -Enterprise, Mom & Pop, Micro -Loan, etc.). Business owners will be trained on how to
complete applications for such programs and the types of documentation they will need in order to be
considered for funding opportunities. They will also receive training on how to prepare and submit
unsolicited proposals in order to take advantage of contracting opportunities offered through informal
processes.
C. BUDGET; REPORTING
In order to continue the administration of the Business Incubator and Development Program and the Work
Readiness Training Program, and commence administration of the Technical Assistance / Procurement
Training Program, NANA requests a grant award of Two Hundred Thousand Dollars ($200,000.00) to
be disbursed on a monthly basis over the course of one (1) year. NANA will seek disbursement of the
grant funds on a monthly basis, and provide the CRA with status reports of progress made under each
of the aforementioned programs. Specifically, said reports will detail the following data:
Business Incubator and Development Program:
• Participating Businesses (Number, Business Name, Type of Business, Phone Number, Email
Address)
• Services provided to each business
• Term of Occupancy of Incubator Space for each business
• Workshops attended
• Referrals to Other Programs/Opportunities for funding
Technical Assistance:
• Evaluation of Participating Business to Assess Current Capacity and Goals
• Type of Assistance Provided to Each Business
• Results of Technical Assistance Provided
o Grants/Loans Received by Program Participants
o Contracts Awarded to Program Participants
o Progress Toward Stated Goals
Evaluation:
In addition to the monthly reports submitted with invoices, NANA will perform pre and post -program
assessments that will track the progress of all businesses and individuals that participate within the
Project. These assessments will be submitted to CRA with the final invoice for payment.
Attachment: File # 1977 Backup (1977 : Resolution Authorizing Grant to Neighbors and Neighbors Association, Inc.)
4
Packet Pg. 84
OBRC 16-17 CURRENT BUDGET
4.4.a
Description Expenses %
DIRECT COSTS
Busines Incubator and Development Program
Training Instructors (Workshops)
$ 43,000.00
Business Development Counselors
$ 37,000.00
Receptionist
$ 27,500.00
Employer Consultant
$ 27,500.00
Sub -Total
$ 135,000.00
Center Operations
Staff
$ 16,000.00
Office Supplies
$ 1,500.00
Insurance (Liability)
$ 1,500.00
Communications
$ 1,500.00
Permit/License Fees
$ 500.00
Janitorial Services
$ 14,000.00
Sub -Total
$ 35,000.00
INDIRECT COSTS
Program Administration
Administration/Management
$ 30,000.00
F 15%
SubTotal
$ 30,000.00
TOTAL PROGRAM COST
$ 200,000.00
! 100%
Attachment: File # 1977 Backup (1977 : Resolution Authorizing Grant to Neighbors and Neighbors Association, Inc.)
Packet Pg. 85