HomeMy WebLinkAboutSEOPW CRA 2017-10-30 Agenda PacketCity of Miami
819NW2nd Ave
3rd Floor
Miami, FL 33136
http://miamicra.com
Meeting Agenda
Monday, October 30, 2017
5:00 PM
BlackArchives Historic Lyric Cultural Arts Complex
819 NW 2nd Ave.
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
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SEOPW CRA OFFICE ADDRESS:
819 NW 2ND AVE, 3RO FLOOR
MIAMI, FL 33136
Phone: (305) 679-6800 I Fax (305) 679-6835
www.miamicra.com
Southeast Overtown/Park West CRA Meeting Agenda
October 30, 2017
CALL TO ORDER
MINUTES APPROVAL
I. Monday, June 26, 2017
II. Monday, July 31, 2017
CRA DISCUSSION
1. CRA DISCUSSION
3142 DISCUSSION ITEM BY THE EXECUTIVE DIRECTOR OF THE SEOPW CRA.
PUBLIC COMMENTS
CRA RESOLUTION
1. CRA RESOLUTION
3127 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY AUTHORIZING THE EXPENDITURE OF FUNDS, IN AN AMOUNT
NOT TO EXCEED $10,000, TO UNDERWRITE COSTS ASSOCIATED WITH
EMERGENCY MAINTENANCE FOR CRA PROPERTIES DUE TO DAMAGE
CAUSED BY HURRICANE IRMA; 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; ALLOCATING FUNDS FROM SEOPW TAX
INCREMENT FUND, ENTITLED "OTHER CONTRACTUAL SERVICES,"
ACCOUNT CODE NO. 10050.920101.534000.0000.00000.
City of Miami Page 2 Printed on 10/23/2017
Southeast Overtown/Park West CRA Meeting Agenda
October 30, 2017
2. CRA RESOLUTION
3128 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY ("CRA"), WITH ATTACHMENTS, AUTHORIZING THE EXECUTIVE
DIRECTOR OF THE CRA TO EXECUTE A LEASE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE BLACK ARCHIVES,
HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC. FOR
THE CRA'S OFFICE SPACE AT THE LYRIC THEATER COMPLEX, 819 NW
2ND AVENUE, 3RD FLOOR, MIAMI, FLORIDA, FOR A TERM OF THREE (3)
YEARS, WITH ONE (1) OPTION TO RENEW FOR A TERM OF THREE (3)
ADDITIONAL YEARS, COMMENCING OCTOBER 1, 2017, WITH RENT SET
AT $6,000 PER MONTH, OR AN ANNUAL AMOUNT OF $72,000,
INCLUDING TAXES AND UTILITIES; FURTHER RATIFYING AN
EXPENDITURE OF FUNDS IN THE AMOUNT OF $24,000 FOR THE CRA'S
RENT PAYMENT FROM JUNE 1, 2017 THROUGH SEPTEMBER 30, 2017;
FUNDS TO BE ALLOCATED FROM GENERAL OPERATING FUND
ENTITLED "RENTAL AND LEASES," ACCOUNT CODE NO.
10050.920101.544000.0000.00000 AS FOLLOWS: $24,000 DURING FY
2016/2017; $72,000 DURING FY 2017/2018; $72,000 DURING FY 2018/2019;
$72,000 DURING FY 2019/2020.
Exhibit A - Draft Lease Agreement
3. CRA RESOLUTION
3129 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
$50,000, TO GROOVIN' BEAN, LLC, TO UNDERWRITE COSTS
ASSOCIATED WITH UNFORESEEN CONSTRUCTION COSTS FOR THE
BUILD OUT OF "GROOVIN' BEAN COFFEE BAR & LOUNGE";
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; ALLOCATING FUNDS FROM SEOPW, "OTHER
GRANTS AND AIDS," ACCOUNT CODE NO.
10050.920101.883000.0000.00000.
File # 3129 Backup
City of Miami Page 3 Printed on 10/23/2017
Southeast Overtown/Park West CRA Meeting Agenda
October 30, 2017
4. CRA RESOLUTION
3130 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY AUTHORIZING THE EXPENDITURE OF FUNDS, IN AN AMOUNT
NOT TO EXCEED $120,000, TO UNDERWRITE COSTS ASSOCIATED WITH
THE DEVELOPMENT AND MAINTENANCE OF TWO (2) MONUMENT
SIGNS IN OVERTOWN; AUTHORIZING THE CRA TO ENTER INTO
AGREEMENTS WITH THE CITY OF MIAMI'S OFFICE OF CAPITAL
IMPROVEMENTS AND PUBLIC WORKS DEPARTMENT TO DEVELOP AND
MAINTAIN THE SIGN THAT WILL BE LOCATED AT NW 3RD AVENUE
BETWEEN NW 8TH STREET AND NW 9TH STREET; 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; ALLOCATING
FUNDS FROM SEOPW TAX INCREMENT FUND, ENTITLED "OTHER
GRANTS AND AIDS," ACCOUNT CODE NO.
10050.920101.883000.0000.00000.
File # 3130 Backup
5. CRA RESOLUTION
3131 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
$750,000 TO THE CITY OF MIAMI TO UNDERWRITE COSTS ASSOCIATED
WITH ENHANCED POLICING SERVICES WITHIN THE REDEVELOPMENT
AREA; 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; FURTHER AUTHORIZING THE
EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY
FOR SAID PURPOSE; ALLOCATING FUNDS FROM SEOPW, "OTHER
GRANTS AND AIDS," ACCOUNT CODE NO.
10050.920101.883000.0000.00000.
City of Miami Page 4 Printed on 10/23/2017
Southeast Overtown/Park West CRA Meeting Agenda
October 30, 2017
6. CRA RESOLUTION
3132 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY AUTHORIZING GRANT, IN AN AMOUNT NOT TO EXCEED
$900,000 , TO MIAMI DADE COLLEGE ("MDC") TO UNDERWRITE COSTS
ASSOCIATED WITH THE OPERATION OF THE HOSPITALITY AND
CULINARY INSTITUTE AT A LOCATION WITHIN THE REDEVELOPMENT
AREA, FOR A FOUR-YEAR PERIOD, IN AN AMOUNT NOT TO EXCEED
$225,000 PER YEAR, SUBJECT TO THE U.S. DEPARTMENT OF
COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION AMENDING
AWARD NO. 04-79-06827 TO REMOVE MDC AS A CO -RECIPIENT;
FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR OF THE CRA TO
TERMINATE A REVOCABLE LICENSE BY AND BETWEEN THE CRA AND
MDC IN CONNECTION WITH THE USE OF THE OVERTOWN
PERFORMING ARTS CENTER (FORMERLY THE EBENEZER CHURCH)
1074 NW 3RD AVENUE, MIAMI, FL; 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 # 3132 Backup
City of Miami Page 5 Printed on 10/23/2017
3.1
SEOPW Board of Commissioners Meeting
October 30, 2017
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
INTER -OFFICE MEMORANDUM
To: Board Chair Keon Hardemon Date: October 17, 2017 File: 3142
and Members of the CRA Board
From: Clarence E. Woods, III
Executive Director
Subject: Discussion item by the Executive
Director of the SEOPW CRA
Enclosures:
BACKGROUND:
Please be advised that a discussion item by the Executive Director of the SEOPW CRA has been placed
on the agenda for the Board of Commissioners of the Southeast Overtown/Park West Community
Redevelopment Agency.
Packet Pg. 6
5.1
SEOPW Board of Commissioners Meeting
October 30, 2017
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
INTER -OFFICE MEMORANDUM
To: Board Chair Keon Hardemon Date: October 17, 2017 File: 3127
and Members of the CRA Board
From: Clarence E. Woods, III
Executive Director
Subject: Resolution Authorizing an Expenditure
for Emergency Maintenance for
Damages Caused by Hurricane Irma
Enclosures:
BACKGROUND:
The attached Resolution of the Board of Commissioners of the Southeast Overtown/Park West
Community Redevelopment Agency ("CRA") authorizes an expenditure of funds in an amount not to
exceed $10,000 to underwrite costs associated with emergency maintenance for CRA owned properties
due to damage caused by Hurricane Irma.
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 quality of life for
residents" as stated redevelopment goals.
Section 2, Principle 10, at page 16, of the Plan provides that "[s]treets and buildings must be attractive."
Further, Section 2, Principle 10 provides that "[I]ooks are important to current residents who will feel
community pride when receiving pleasant comments about where they live [and I]ooks are important to
attracting investors to make other improvements to the neighborhood."
This Resolution carries out these objectives.
FUNDING:
$10,000 allocated from SEOPW Tax Increment Fund, entitled "Other Contractual Services" Account No.
10050.920101.534000.0000.00000.
Packet Pg. 7
5.1
AGENDA ITEM
FINANCIAL INFORMATION FORM
SEOPW CRA
CRA Board Meeting Date: October 30, 2017
CRA Section:
Brief description of CRA Agenda Item:
Authorizing expenditures of funds, in an amount not to exceed $10,000, to underwrite
costs associated with emergency maintenance for CRA properties due to damage
caused by hurricane Irma.
Project Number (if applicable):
YES, there are sufficient funds in Line Item:
Account Code: 10050.920101.534000.0000.00000 Amount: $1 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:
Page 2 of 5
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5.1
Approved by:
Clare ..,d E. v�oods, xecutive Director 10/17/2017
Approval:
Miguel A ValcntiFriarice Officer 10/17/2017
Page 3 of 5
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5.1
Southeast Overtown/Park West
Community Redevelopment Agency
File Type: CRA Resolution
Enactment Number:
File Number: 3127 Final Action Date:
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
AUTHORIZING THE EXPENDITURE OF FUNDS, IN AN AMOUNT NOT TO EXCEED
$10,000, TO UNDERWRITE COSTS ASSOCIATED WITH EMERGENCY
MAINTENANCE FOR CRA PROPERTIES DUE TO DAMAGE CAUSED BY
HURRICANE IRMA; 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; ALLOCATING FUNDS
FROM SEOPW TAX INCREMENT FUND, ENTITLED "OTHER CONTRACTUAL
SERVICES," ACCOUNT CODE NO. 10050.920101.534000.0000.00000.
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 quality of life for residents" as stated redevelopment
goals; and
WHEREAS, Section 2, Principle 10, at page 16, of the Plan provides that "[s]treets and
buildings must be attractive;" and
WHEREAS, Section 2, Principle 10 provides that "[I]ooks are important to current
residents who will feel community pride when receiving pleasant comments about where they
live [and I]ooks are important to attracting investors to make other improvements to the
neighborhood;" and
WHEREAS, Hurricane Irma uprooted several trees and left significant debris within the
Redevelopment Area; and
WHEREAS, the Board of Commissioners wish to authorize an expenditure of funds in an
amount not to exceed $10,000 to underwrite costs associated with emergency maintenance for
CRA owned properties due to damage caused by Hurricane Irma;
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:
Page 4 of 5
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5.1
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 an expenditure of funds in an
amount not to exceed $10,000 to underwrite costs associated with emergency maintenance for
CRA owned properties due to damage caused by Hurricane Irma.
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 are to be allocated from SEOPW Tax Increment Fund, entitled "Other
Contractual Services," Account Code No. 10050.920101.534000.0000.00000.
Section 6. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Re,iee Jadusingh, Staff Codnsel 16,23/2017
Page 5 of 5
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5.2
SEOPW Board of Commissioners Meeting
October 30, 2017
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
INTER -OFFICE MEMORANDUM
To: Board Chair Keon Hardemon Date: October 17, 2017 File: 3128
and Members of the CRA Board
Subject: Resolution Authorizing Lease
Agreement for CRA's Office Space
From: Clarence E. Woods, III
Executive Director
Enclosures: Exhibit A - Draft Lease Agreement
BACKGROUND:
The attached Resolution of the Board of Commissioners of the Southeast Overtown/Park West
Community Redevelopment Agency ("CRA") authorizes the Executive Director of the CRA to execute a
lease agreement, in substantially the attached form, with the Black Archives, History and Research
Foundation of South Florida, Inc. ("BAF") for the CRA's office space at the Lyric Theater Complex located
at 819 NW 2nd Avenue, 3rd Floor, Miami Florida, for a term of three (3) years, with one (1) option to renew
for an additional three (3) years, commencing October 1, 2017, with rent set at $6,000 per month, or an
annual amount of $72,000, including taxes and utilities. This Resolution further ratifies an expenditure of
funds in the amount of $24,000 for the CRA's rent payment from June 1, 2017 through September 30,
2017.
The Board of Commissioners, by Resolution No. CRA-R-14-0002 authorized the Executive Director of the
CRA to execute a lease agreement with the BAF for the CRA office space at the Lyric Theater Complex
for a term of three (3) years, commencing June 1, 2014, with rent waived for the first year of the term and
rent set at $6,000 per month, or an annual rent amount of $72,000 including taxes and utilities ("Lease").
The Lease expired on May 31, 2017 and the CRA has negotiated a new lease agreement with BAF. This
Resolution seeks to execute the same.
BAF agreed to a reduced annual rent amount due to an annual grant to BAF from the CRA. This grant
funding subsidizes certain costs at the Lyric Theater Complex, including security, electricity, and janitorial
services. In the event that the CRA no longer provides grant funding to BAF, the CRA and BAF will re-
negotiate the lease terms and the annual rent amount.
JUSTIFICATION:
The Southeast Overtown/Park West Community Redevelopment Agency Plan at page 128 states that
"[t]he CRA shall be empowered to engage in the activities set forth in Section 163.370, Florida Statutes,
[including t]o ... lease ... any real property together with or without any other improvements."
FUNDING:
Funds allocated from the General Operating Fund entitled "Rental and Leases," Account Code No.
10050.920101.544000.0000.00000 as follows: $24,000 during FY 2016/2017; $72,000 during FY
2017/2018; $72,000 during FY 2018/2019; $72,000 during FY 2019/2020.
Packet Pg. 12
5.2
AGENDA ITEM
FINANCIAL INFORMATION FORM
SEOPW CRA
CRA Board Meeting Date: October 30, 2017
CRA Section:
Brief description of CRA Agenda Item:
Authorizing the executive directorof the CRA to execute a lease agreement, with the
Black Archives, history and Research Foundation of South Florida, Inc. for the CRA's
office space at the Lyric Theater complex, for a term of three (3) years.
Project Number (if applicable):
YES, there are sufficient funds in Line Item:
Account Code: 10050.920101.544000.0000.00000 (FY2017)Amount:$24,000.00
Account Code: 10050.920101.544000.0000.00000 (FY2018)Amount:$72,000.00
Account Code: 10050.920101.544000.0000.00000 (FY2019)Amount:$72,000.00
Account Code: 10050.920101.544000.0000.00000 (FY2020)Amount:$72,000.00
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
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5.2
Approved by:
Clare ..,d E. v�oods, xecutive Director 10/17/2017
Approval:
Miguel A ValcntiFriarice Officer 10/17/2017
Page 3 of 5
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5.2
Southeast Overtown/Park West
Community Redevelopment Agency
File Type: CRA Resolution
Enactment Number:
File Number: 3128 Final Action Date:
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"),
WITH ATTACHMENTS, AUTHORIZING THE EXECUTIVE DIRECTOR OF THE CRA
TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH THE BLACK ARCHIVES, HISTORY AND RESEARCH FOUNDATION OF
SOUTH FLORIDA, INC. FOR THE CRA'S OFFICE SPACE AT THE LYRIC THEATER
COMPLEX, 819 NW 2ND AVENUE, 3RD FLOOR, MIAMI, FLORIDA, FOR A TERM OF
THREE (3) YEARS, WITH ONE (1) OPTION TO RENEW FOR A TERM OF THREE (3)
ADDITIONAL YEARS, COMMENCING OCTOBER 1, 2017, WITH RENT SET AT
$6,000 PER MONTH, OR AN ANNUAL AMOUNT OF $72,000, INCLUDING TAXES
AND UTILITIES; FURTHER RATIFYING AN EXPENDITURE OF FUNDS IN THE
AMOUNT OF $24,000 FOR THE CRA'S RENT PAYMENT FROM JUNE 1, 2017
THROUGH SEPTEMBER 30, 2017; FUNDS TO BE ALLOCATED FROM GENERAL
OPERATING FUND ENTITLED "RENTAL AND LEASES," ACCOUNT CODE NO.
10050.920101.544000.0000.00000 AS FOLLOWS: $24,000 DURING FY 2016/2017;
$72,000 DURING FY 2017/2018; $72,000 DURING FY 2018/2019; $72,000 DURING
FY 2019/2020.
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, the Plan at page 128 states that "[t]he CRA shall be empowered to engage
in the activities set forth in Section 163.370, Florida Statutes, [including t]o ... lease ... any real
property together with or without any other improvements;" and
WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-14-0002 authorized
the Executive Director of the CRA to execute a lease agreement with the Black Archives,
History and Research Foundation of South Florida, Inc. ("BAF") for the CRA office space at the
Lyric Theater Complex located at 819 NW 2nd Avenue, 3' Floor, Miami, Florida ("Lease
Premises") for a term of three (3) years, commencing June 1, 2014, with rent waived for the first
year of the term and rent set at $6,000 per month, or an annual rent amount of $72,000
including taxes and utilities ("Lease"); and
WHEREAS, the Lease expired on May 31, 2017; and
WHEREAS, the CRA has been occupying the Lease Premises on a month -to -month
basis and has negotiated a new lease agreement with BAF; and
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5.2
WHEREAS, the Board of Commissioners wish to authorize the Executive Director of the
CRA to execute a lease agreement, in substantially the attached form, with BAF for the CRA's
office space at the Lyric Theater complex, for a term of three (3) years, with one (1) option to
renew for an additional three (3) years, commencing October 1, 2017, with rent set at $6,000
per month, or an annual amount of $72,000, including taxes and utilities; and
WHEREAS, the Board of Commissioners wish to ratify an expenditure of funds in the
amount of $24,000 for the CRA's rent payment from June 1, 2017 through September 30, 2017;
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 the Executive Director of
the CRA to execute a lease agreement, in substantially the attached form, with the Black
Archives, History and Research Foundation of South Florida, Inc. for the CRA's office space at
the Lyric Theater complex, 819 NW 2nd Avenue, 3rd Floor, Miami Florida, for a term of three (3)
years, with one (1) option to renew for an additional three (3) years, commencing October 1,
2017, with rent set at $6,000 per month, or an annual amount of $72,000, including taxes and
utilities.
Section 3. The Board of Commissioners hereby ratifies an expenditure of funds in
the amount of $24,000 for the CRA's rent payment from June 1, 2017 through September 30,
2017.
Section 4. Funds are to be allocated from the General Operating Fund entitled
"Rental and Leases," Account Code No. 10050.920101.544000.0000.00000 as follows: $24,000
during FY 2016/2017; $72,000 during FY 2017/2018; $72,000 during FY 2018/2019; $72,000
during FY 2019/2020.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Renee Jadusingh, Staff Codnsel 10/23/2017
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5.2.a
COMMERCIAL LEASE AGREEMENT
This COMMERCIAL LEASE AGREEMENT is made on this day of
2017 between THE BLACK ARCHIVES, HISTORY AND RESEARCH FOUNDATION OF
SOUTH FLORIDA, INC., a Florida non-profit corporation ("Landlord"), and the SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency
and body corporate created pursuant to Section 163.356, Florida Statutes ("Tenant").
1. GRANT OF LEASE
Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed
and observed by the Tenant, does hereby lease to the Tenant and the Tenant does hereby lease and
take from the Landlord that certain 3,274 square feet of floor space on the third floor of the
Building, as depicted in Exhibit "A" attached hereto and by reference made a part hereof (the
"Leased Premises") for description purposes, together with, as part of the property, all
improvements located thereon. The Tenant shall have access to that certain 1,737 square feet of
shared space on the third floor of the Building, as depicted in Exhibit "A."
2. USE OF LEASED PREMISES; HOURS OF OPERATION
a. USE OF LEASED PREMISES. The parties acknowledge that the Tenant
is a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, and
serves a public governmental entity that engages in community redevelopment activities pursuant
to Chapter 163, Part III, Florida Statutes, and the Tenant's approved redevelopment plan. The
Leased Premises shall be used and occupied as the administrative offices of the Tenant, and for
other uses related to the operation of the Tenant's business, including use of the Leased Premises
to hold public meetings. Tenant shall be required to provide Landlord with advance notice,
consisting of not less than five (5) calendar days, of any public meetings that will be held at the
Leased Premises. Tenant shall also notify and schedule with Landlord, through the Black Archives
Administration, any requests to utilize the common areas of the building, including all conference
rooms. Upon receipt of advance notice as provided above, Landlord agrees to identify
accommodations sufficient to support the nature of the meeting and anticipated number of
attendees. Nothing herein shall give Tenant the right to use the Leased Premises for any other
purpose or to sublease, assign, or license the use of the Leased Premises.
b. HOURS OF OPERATION. Landlord acknowledges that Tenant is a
government entity that operates Monday through Friday, from 7:00 am to 6:00 pm; however, in the
event Tenant requires access to the Leased Premises beyond the aforementioned days and hours of
operations, upon providing advanced notice to Landlord, Tenant shall have full and complete access
to the Leased Premises as required in furtherance of its business operations.
3. TERM
The term of this Lease shall begin on the commencement date, as defined in Section 3(b) below,
and shall terminate three (3) years from the commencement date, or sooner, if terminated as
provided herein, with one (1) option to renew for an additional three (3) years. The
"Commencement Date" shall be October 1, 2017. In the event either party wishes to extend the
term of this Lease, said party agrees to provide formal written notice no later than four (4) months
into the third year of the original term. Both Landlord and Tenant each agree to meet and negotiate
the terms and conditions governing the extended term.
Attachment: Exhibit A - Draft Lease Agreement (3128 : Resolution Authorizing Lease Agreement for CRA's Office Space)
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5.2.a
4. RENT
a. ANNUAL RENT; MONTHLY INSTALLMENTS. The Tenant agrees to
pay the Landlord and the Landlord agrees to accept, during the term hereof, at Landlord's address
set forth below in Section 15.01, or at such other place and to such other person as Landlord may
from time to time designate in writing, annual rent in the amount of $72,000, which shall include
all utilities (water, electricity, sewer, etc), janitorial services, and security. The annual rent shall be
payable in advance in equal monthly installments of one -twelfth (1/12) of the total year rent, which
shall be Six Thousand Dollars and No Cents ($6,000.00), on the first day of each calendar month
during the term hereof, and prorate for the fractional portion of any month. Reference to annual
rent hereunder shall not be implied or construed to the effect that this Lease or the obligation to pay
rent hereunder is from year to year, or for any term shorter than the existing Lease term, plus any
extensions as may be agreed upon. Rent shall be considered late if received by Landlord ten (10)
or more days subsequent to the due date.
b. APPORTIONMENT OF RENT; 30 DAY MONTH. If the term of this
Lease shall terminate on any day other than the first or last day respectively of a calendar month,
all rent and other charges accruing under this Lease for such portion of the partial calendar month
shall be apportioned and paid on the basis of a thirty -day month.
c. UTILITIES. Electricity, water, and sewer for the Leased Premises are
included in rent, as described in Section 4(a) above, and are the responsibility of the Landlord. The
cost and performance of trash removal and janitorial services for the Leased Premises shall be
Landlord's sole responsibility. Tenant shall not be liable to Landlord for any interruption in the
service of any utility.
d. REAL ESTATE TAXES. Landlord shall be responsible for any and all
real estate taxes and assessments against the Leased Premises and/or Building.
e. REDUCED RENT. The Annual Rent is reduced due to an annual grant
that the Tenant has provided to the Landlord. This grant funding subsidizes certain costs at the
Leased Premises, including security, electricity, and janitorial services. In the event that the Tenant
no longer provides grant funding to the Landlord, the Landlord and the Tenant agree to meet and
re -negotiate the terms and conditions governing this Lease within sixty (60) days of the Landlord
receiving written notice that the Tenant denied the Landlords' grant request.
5. SECURITY DEPOSIT
Landlord hereby waives any obligation of Tenant to provide a security deposit. Tenant hereby
agrees to return the Leased Premises to Landlord in the original condition leased, ordinary wear
and tear excepted.
6. SIGNAGE
Tenant shall have the right, subject to the consent of Landlord, which shall not be unreasonably
withheld, to at its sole risk and expense and in confonnity with applicable laws and ordinances, to
erect and thereafter, to repair or replace, if it shall so elect signage located on the same floor as the
Tenant's Leased Premises, provided that Tenant shall remove any such signs upon termination or
expiration of this Lease, and repair all damage occasioned thereby to the Leased Premises. Given
the historic nature of the Building, no signage on the exterior of the building shall be permitted.
Attachment: Exhibit A - Draft Lease Agreement (3128 : Resolution Authorizing Lease Agreement for CRA's Office Space)
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7. ASSIGNMENT AND SUBLETTING
Tenant shall not assign, sublet, mortgage, pledge, or hypothecate this Lease, or any interest therein,
nor shall Tenant permit the use of the Leased Premises by any person or persons other than Tenant,
nor shall Tenant sublet the Premises, or any part thereof without the prior written consent of
Landlord.
8. CONDITION OF LEASED PREMISES — MAINTENANCE AND REPAIRS
Subject to any provisions herein to the contrary, Landlord shall be responsible, at Landlord's sole
cost and expense, and at all times throughout the term and any extensions thereof, for all
maintenance, repairs and replacements in, on or about the Leased Premises and/or Building and all
equipment and property thereon shall be maintained in good condition, and in substantially the
same condition as the same existed upon the Commencement Date, reasonable wear and tear
excepted. Landlord's responsibilities hereunder include, but are not limited to, the replacement,
repair and maintenance of all exterior and interior improvements, fixtures, appliances, equipment,
and systems, including, but not limited to, air conditioning, heating, plumbing, electrical systems
and all of the foregoing shall be maintained in good operating condition at all times, free of dirt,
and other obstructions. All replacements, repairs and maintenance shall be performed by
contractors or workmen designated or approved by Landlord. Landlord shall be responsible for the
sanitation, storage and daily removal of all garbage generated by Tenant. Landlord shall perform
the aforesaid maintenance, repairs, replacements and services. If Landlord fails to make repairs
promptly and adequately or otherwise fails to comply with this Section, Tenant may, but need not,
make repairs or correct such failure, and Landlord shall pay Tenant the cost thereof on demand.
Tenant hereby agrees that Tenant shall not commit nor allow any waste or damage to be committed
on any portion of the Leased Premises.
9. ALTERATIONS, ADDITIONS OR IMPROVEMENTS
a. NON-STRUCTURAL ALTERATIONS, ADDITIONS OR
IMPROVEMENTS. Tenant shall have the right, at its sole expense, from time to time, to redecorate
the Leased Premises and to make such non-structural alterations, additions, or improvements in
such parts thereof as the Tenant shall deem expedient or necessary for its purposes; provided,
however, that such alterations, additions or improvements neither impair the structural soundness
nor diminish the value of the Leased Premises. Additionally, notwithstanding the above, Tenant
agrees that non-structural alterations, additions or improvements shall not occur throughout
hallways and corridors throughout the Leased Premises.
b. STRUCTURAL ALTERATIONS, ADDITIONS OR IMPROVEMENTS.
Tenant may undertake structural alterations, additions or improvements to the Leased Premises
provided that the Tenant has first obtained Landlord's written consent, which shall not be
unreasonably withheld, and Tenant provides details of all proposed structural alterations, additions
or improvements, including drawings and specifications prepared by qualified architects or
engineers conforming to good engineering practice. All such alterations shall be performed: (i) at
the sole cost of Tenant; (ii) by licensed contractors and subcontractors and workmen approved in
writing by Landlord; (iii) in a good and workmanlike manner; (iv) in accordance with the drawings
and specifications approved in writing by Landlord; (v) in accordance with all applicable laws and
regulations; and (vi) subject to the reasonable regulations, supervision, control and inspection of
Landlord. If any alterations would affect the structure of the Building or any of the electrical,
plumbing, mechanical, heating, ventilation or air conditioning systems or other base building
systems, such work shall, at the option of Landlord, be performed by Landlord at Tenant's cost.
Attachment: Exhibit A - Draft Lease Agreement (3128 : Resolution Authorizing Lease Agreement for CRA's Office Space)
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The cost of the work performed shall be paid by Tenant to Landlord upon demand Upon
completion of alterations, additions or improvements to the Leased Premises, Tenant shall, at its
cost, obtain all permits or licenses necessary for the occupancy of the improvements and the
operation of the same as set out herein and shall keep the same in force.
Landlord agrees to execute and deliver upon Tenant's request such instrument or instruments
embodying Landlord's approval which may be required by a public or quasi -public authority for
the purposes of obtaining any licenses or permits for the approved alterations, additions or
improvements in, to, or upon the Leased Premises.
c. PERMITS AND EXPENSES. Each party agrees that it will procure all
necessary permits for making any repairs, alterations, or other improvements for installations, when
applicable. Each party hereto shall give written notice to the other party of any repairs required of
the other pursuant to this Lease, and the party responsible for said repairs agrees to promptly
commence such repairs and to diligently complete said repairs. Each party agrees to promptly pay
the costs of any work performed so that the Leased Premises and/or Building at all times shall be
free of liens for labor and materials. Each party further agrees to hold harmless and indemnify the
other party from and against any and all injury, loss, claims, or damage to any person or property
occasioned by or arising out of the performance of such work by the other party or its employees,
agents or contractors. Each party further agrees that in doing such work that it will employ
materials of good quality and comply with all governmental requirements, and perform such work
in a good and workmanlike manner.
10. PROPERTY DAMAGE
a. DESTRUCTION BY FIRE OR CASUALTY. If the Leased Premises or
the Building shall be destroyed by fire or other cause, or be so damaged that restoration cannot be
reasonably completed within one hundred and twenty (120) days or less, then either Landlord or
Tenant may, by written notice, given to the other not later than forty-five (45) days after the date
of such destruction, terminate this Lease, in which event rent paid for the period beyond the date
of destruction shall be refunded to the Tenant, and at which time both parties shall be relieved of
all further liability hereunder accruing after the effective cancellation date. If the damage can be
reasonably restored within one -hundred and twenty (120) days or less, a proportionate reduction
shall be made in the rent herein reserved corresponding to the time during which, and applicable to
the portion of the Leased Premises of which Tenant was deprived of possession during the period
of restoration. In that case, Landlord shall proceed with diligence to complete restoration and
repairs of the Leased Premises and/or Building, except for improvements installed by the Tenant,
and complete reconstruction within one hundred and twenty (120) days of the casualty.
The decision of a licensed Florida architect or engineer retained or engaged by Tenant and certified
in writing to Landlord and Tenant shall conclusively be deemed binding on the parties as to: (i)
whether the Leased Premises or Building can be restored within the period provided hereinabove,
(ii) the percentage of the Leased Premises rendered untenantable and the resulting percentage by
which rent and other charges hereunder should abate during the period of restoration, and (iii) the
date upon which the Leased Premises are restored.
b. OTHER LOSS OR DAMAGE. Notwithstanding any provisions to the
contrary, Landlord shall not be responsible for any loss of or damage to property of Tenant or of
others located on the Leased Premises, except where such loss or damage is caused by the willful
act or omission or negligence of Landlord, or Landlord's agents, employees or contractors, for loss
to or damage of Tenant's property as a result of Landlord's failure to make repairs for which
Attachment: Exhibit A - Draft Lease Agreement (3128 : Resolution Authorizing Lease Agreement for CRA's Office Space)
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Landlord is responsible for under this Lease, where Tenant has notified Landlord in writing of the
need for said repairs. If after the giving of such notice by the Tenant, and the occurrence of such
failure by the Landlord, loss of or damage to Tenant's property results from the condition as to
which Landlord has been notified, Landlord shall indemnify and hold harmless Tenant from any
loss, cost or expense arising therefrom.
c. FORCE MAJEURE. In the event that Landlord or Tenant shall be delayed
or hindered in or prevented from the performance of any act by reason of strikes, lockouts,
unavailability of materials, failure of power, restrictive governmental laws or regulations, riots,
insurrections, the act, failure to act, or default of the other party, war or other reason beyond its
control, then performance of such act shall be excused for the period of the delay and the period
for the performance of such act shall be extended for a period equivalent to the period of such delay.
Notwithstanding the foregoing, lack of funds shall not be deemed to be a cause beyond control of
either party.
11. SURRENDER OF PREMISES
At the expiration or termination of this Lease, Tenant shall surrender the Premises to Landlord and
the Leased Premises shall be in the same condition as it was on the date it was received by Tenant,
excepting reasonable wear and tear, and any additions, alterations and improvements by the
Landlord. Tenant shall also deliver all keys and combinations to locks, safes and vaults (which are
not readily removable without damaging the Leased Premises) to Landlord. Tenant shall, at its own
expense, repair any damage caused by the removal of any of Tenant's property at the termination
of this Lease. Tenant's obligation to perform hereunder shall survive the end of the term of this
Lease and, in the event Tenant fails to remove its property upon the expiration of this Lease, then
said property shall be deemed abandoned and shall become the property of Landlord. Landlord
shall nevertheless be entitled to perform the obligations of Tenant under this Section at Tenant's
expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in the
performance of such obligations.
12. CONDEMNATION
a. TOTAL TAKING. If, after the execution of this Lease and prior to the
expiration of the term hereof, the whole of the Leased Premises shall be taken under power of
eminent domain by any public authority, or conveyed by Landlord to said authority in lieu of such
taking, then this Lease and the term hereof shall cease and terminate as of the date when possession
of the Leased Premises shall be taken by the taking authority and any unearned rent or other
charges, if any, paid in advance, shall be refunded to Tenant.
b. PARTIAL TAKING. If, after the execution of this Lease and prior to the
expiration of the term hereof, any public authority shall, under the power of eminent domain, take,
or Landlord shall convey to said authority in lieu of such taking, property which results in a
reduction by fifteen (15%) percent or more of the area in the Leased Premises, or of a portion of
the Leased Premises that substantially interrupts or substantially obstructs the conducting of
business on the Leased Premises; then Tenant may, at its election, terminate this Lease by giving
Landlord notice of the exercise of Tenant's election within thirty (30) days after Tenant's receipt of
notice of such taking. In the event of termination by Tenant, this Lease and the term hereof shall
cease and terminate as of the date when possession shall be taken by the appropriate authority of
that portion of the Leased Premises, and any unearned rent or other charges, if any, paid in advance
by Tenant shall be refunded to Tenant.
Attachment: Exhibit A - Draft Lease Agreement (3128 : Resolution Authorizing Lease Agreement for CRA's Office Space)
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c. RESTORATION. In the event of a taking in respect of which Tenant shall
not have the right to elect to terminate this Lease or, having such right, shall not elect to terminate
this Lease, this Lease and the term thereof shall continue in full force and effect and Landlord , at
Landlord's sole cost and expense, forthwith shall restore the remaining portions of the Leased
Premises, including any and all improvements made theretofore to an architectural whole in
substantially the same condition that the same were in prior to such taking. A just proportion of the
rent reserved herein and any other charges payable by Tenant hereunder, according to the nature
and extent of the injury to the Leased Premises and to Tenant's business, shall be suspended or
abated until the completion of such restoration and thereafter the rent and any other charges shall
be reduced in proportion to the square footage of the Leased Premises remaining after such taking.
d. AWARD. The Landlord shall not be entitled to and Tenant shall have the
sole right to make its independent claim for and retain any portion of any award made by the
appropriating authority directly to Tenant for loss of business, or damage to or depreciation of, and
cost of removal of fixtures, personalty and improvements installed in the Leased Premises by, or at
the expense of Tenant, and to any other award made by the appropriating authority directly to
Tenant.
e. RELEASE. In the event of any termination of this Lease as the result of
the provisions of this Section, the parties, effective as of such termination, shall be released, each
to the other, from all liability and obligations thereafter arising under this Lease.
13. LANDLORD'S ACCESS TO THE LEASED PREMISES
Tenant agrees to permit Landlord and its agents to enter the Leased Premises at all reasonable times
for the purpose of examining or inspecting the same, or for the purpose of protecting Landlord's
reversions, or to make alterations, repairs, or additions to the Leased Premises or to any other
portion of the Building, or for maintaining any service provided by Landlord, or for any other
purpose which Landlord deems necessary for the safety, comfort or preservation of the Leased
Premises or Building and during such operations, provided, however, that Landlord does not
interfere with Tenant's business operations and use of the Leased Premises. Tenant will permit
Landlord at any time within the earlier of (i) one hundred twenty (120) days prior to the expiration
of this Lease; or (ii) upon the failure of Tenant to cure a default within thirty (30) days of notice by
Landlord to bring prospective tenants upon the Leased Premises for purposes of inspection.
14. INDEMNIFICATION
Landlord shall indemnify and hold harmless Tenant and the City of Miami from and against any
and all liability damages, penalties, judgments or expenses arising from injury to persons or
property sustained by any person in or about the Building, common areas, parking or any other
areas outside of the Leased Premises. Such expenses shall include, but not be limited to, all costs,
and reasonable attorneys' fees incurred or paid by Tenant or the City of Miami in connection with
such litigation and any appeal thereof. The provisions of this Section shall survive any termination
or cancellation of the Lease.
15. INSURANCE
a. LANDLORD'S OBLIGATION. Landlord shall maintain fire and
extended coverage insurance on the Building, including all common areas, in an amount not less
than one hundred percent (100%) of the full replacement value. Landlord shall also maintain
commercial general liability coverage to afford minimum protection of not less than combined
Attachment: Exhibit A - Draft Lease Agreement (3128 : Resolution Authorizing Lease Agreement for CRA's Office Space)
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$2,000,000 combined single limit coverage of bodily injury, property damage or combination
thereof. All insurance required under this subsection shall be written by a company or companies
qualified to do business in Florida and reasonably acceptable to Tenant. A certificate of duplicate
policies showing such insurance in force shall be delivered to Tenant prior to the Commencement
Date, and such insurance and updated certificates or renewed policies shall be maintained with
Tenant throughout the term of this Lease.
b. TENANT'S OBLIGATION. Subject to the limitations of Section 768.28,
Florida Statutes, Tenant shall maintain at its expense throughout the terms of this Lease the
following insurance coverage: (i) liability insurance for bodily injury and property damage against
damage, costs and attorneys' fees arising out of accidents of any kind occurring on or about the
Leased Premises with combined single limit liability coverage of not less than One Million Dollars
($1,000,000.00) and property damage coverage of not less than One Hundred Thousand Dollars
($100,000.00); (ii) fire and extended casualty insurance with sufficient coverage to reimburse the
loss of all of Tenant's improvements to the Leased Premises, and all of Tenant's fixtures, equipment,
personal property and inventory; and (iii) appropriate workmen's compensation and any and all
other insurance required by law.
c. WAIVER OF SUBROGATION. Except as otherwise provided for in this
Section, Landlord and Tenant each hereby waives of itself and its insurers, its agents, officers or
employees, for any loss or damage that may occur to the Leased Premises, or any improvements
thereto of the Building, or any personal property of such party therein, by reason of fire, the
elements or any other causes which are, or should be insured against under the terms of insurance
coverage referred to in this Section below, regardless of the cause or origin of the damage involved.
d. CANCELLATION OF COVERAGE. No policy provided under this
Section shall be cancelled or subject to reduction in coverage or other change without at least thirty
(30) days advance written notice to the parties. All policies shall be written as primary policies not
contributing with and not in excess of coverage the parties may carry. If either party
fails to take out or keep in force any insurance referred to in this Section, or should any such
insurance not be approved by the other party, such failure shall constitute a default under this Lease.
Upon receipt of written notice of such default, a party shall have ten (10) days to cure said default
and procure, renew or otherwise comply with its obligations under this Section. The insurance
described in this Section shall be provided effective as of the Commencement Date.
16. NOTICES
All notices or other communications which shall or may be given pursuant to this Agreement shall
be in writing and shall be delivered by personal service, or by registered mail, addressed to the
party at the address indicated herein or as the same may be changed from time to time. Such notice
shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after
being posted, or the date of actual receipt or refusal of delivery, whichever is earlier.
To Tenant:
Southeast Overtown/Park West Community Redevelopment Agency
819 NW 2nd Avenue, 3'd Floor
Miami, FL 33136
Attn: Clarence E. Woods, III, Executive Director
With copy to: Renee A. Jadusingh, Staff Counsel
To Landlord: The Black Archives, History and Research Foundation of South Florida, Inc.
819 NW 2nd Avenue
Attachment: Exhibit A - Draft Lease Agreement (3128 : Resolution Authorizing Lease Agreement for CRA's Office Space)
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Miami, FL 33136
Attn: Timothy Barber, Executive Director
17. DEFAULT
a. LANDLORD'S REMEDIES. In the event that:
i. Tenant shall on three (3) or more occasions be in default in the
payment of rent or other charges herein required to be paid by Tenant (default herein being defined
as payment received by Landlord ten or more days subsequent to the due date), regardless of
whether or not such default has occurred on consecutive or non-consecutive months; or
ii. Tenant has caused a lien to be filed against the Landlord's property
and said lien is not removed within sixty (60) days of recordation thereof; or
Tenant shall default in the observance or performance of any of the covenants and agreements
required to be performed and observed by Tenant hereunder for a period of thirty (30) days after
notice to Tenant in writing of such default (or if such default shall reasonably take more than thirty
(30) days to cure, Tenant shall not have commenced the same within the thirty (30) days and
diligently prosecuted the same to completion); then Landlord shall be entitled to terminate this
Lease by giving Tenant notice of termination, in which event this Lease shall expire and terminate
on the date specified in such notice of termination, with the same force and effect as though the
date so specified were the date herein originally fixed as the termination date of the term of this
Lease, and all rights of Tenant under this Lease and in and to the Leased Premises shall expire and
terminate, and Tenant shall remain liable for all obligations under this Lease arising up to, but not
beyond, the date of such termination, and Tenant shall surrender the Leased Premises to Landlord
on the date specified in such notice. Landlord's remedies described above shall preclude pursuit
of any other remedy or remedies provided in this Lease or any other remedy or remedies provided
by law or in equity, separately or concurrently or in any combination.
b. LANDLORD'S SELF-HELP. If Tenant shall default in the performance
or observance of any agreement or condition contained in this Lease which is Tenant's
responsibility to perform or observe and Tenant has failed to cure such default within thirty (30)
days after notice from Landlord specifying the default (or if such default shall reasonably take more
than thirty (30) days to cure, shall diligently prosecuted the same to completion), Landlord may, at
its option, without waiving any claim for damages for breach of this agreement, at any time
thereafter cure such default for the account of Tenant, and any amount paid or contractual liability
incurred by Landlord in so doing shall be deemed paid or incurred for the account of Tenant and
Tenant agrees to reimburse Landlord therefor and save Landlord harmless therefrom. Provided,
however, that Landlord may cure any such default as aforesaid prior to the expiration of said
waiting period, without notice to Tenant if any emergency situation exists, or after notice to Tenant,
if the curing of such default prior to the expiration of said waiting period is reasonably necessary
to protect the Leased Premises or Landlord's interest therein, or to prevent injury or damage to
persons or property. If Tenant shall fail to reimburse Landlord upon demand for any amount paid
for the account of Tenant hereunder, said amount shall be added to and become due as a part of the
next payment of rent due and shall for all purposes be deemed and treated as rent hereunder.
c. TENANT'S REMEDIES. In the event that Landlord shall default in the
observance or performance of any of the covenants and agreements required to be performed and
observed by Landlord hereunder for a period of thirty (30) days after notice to Landlord in writing
of such default (or if such default shall reasonably take more than thirty (30) days to cure, Landlord
Attachment: Exhibit A - Draft Lease Agreement (3128 : Resolution Authorizing Lease Agreement for CRA's Office Space)
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shall not have commenced the same within the thirty (30) days and diligently prosecuted the same
to completion), then Tenant shall be entitled to terminate this Lease by giving Landlord notice of
termination, in which event this Lease shall expire and terminate on the date specified in such notice
of termination, with the same force and effect as though the date so specified were the date herein
originally fixed as the termination date of the term of this Lease, and all rights of Landlord under
this Lease shall expire and terminate, and Landlord shall remain liable for all obligations under this
Lease arising up to the date of such termination. Tenant's pursuit of any remedy or remedies,
including without limitation, any one or more of the remedies stated herein shall not constitute an
election of remedies or preclude pursuit of any other remedy or remedies provided in this Lease or
any other remedy or remedies provided by law or in equity, separately or concurrently or in any
combination.
d. TENANT'S SELF HELP. If Landlord shall default in the performance or
observance of any agreement or condition in this Lease contained on its part to be performed or
observed, and if Landlord shall not cure such default within thirty (30) days after notice from
Tenant specifying the default (or, if such default shall reasonably take more than thirty (30) days
to cure, and Landlord shall not have commenced the same within the thirty (30) days and diligently
prosecuted the same to completion), Tenant may, at its option, without waiving any claim for
damages for breach of agreement, at any time thereafter cure such default for the account of
Landlord and any amount paid or any contractual liability incurred by Tenant in so doing shall be
deemed paid or incurred for the account of Landlord and Landlord shall reimburse Tenant therefor
and save Tenant harmless therefrom. Provided, however, that Tenant may cure any such default as
aforesaid prior to the expiration of said waiting period, without notice to Landlord if an emergency
situation exists, or after notice to Landlord, if the curing of such default prior to the expiration of
said waiting period is reasonably necessary to protect the Leased Premises or Tenant's interest
therein or to prevent injury or damage to persons or property. If Landlord shall fail to reimburse
Tenant upon demand for any amount paid or liability incurred for the account of Landlord
hereunder, said amount or liability may be deducted by Tenant from the next or any succeeding
payments of rent due hereunder.
18. TERMINATION
Tenant reserves the right to terminate this Lease, at any time for any reason upon giving thirty (30)
days written notice of termination to Landlord. If this Lease should be terminated as provided
herein, Tenant shall be relieved of all obligations under this Lease.
19. SUBORDINATION
Tenant shall, upon the request of Landlord in writing, subordinate this Lease to the lien of any
present or future institutional mortgage upon the Leased Premises regardless of the time of
execution or the time of recording of any such mortgage. Provided, however, that as a condition to
such subordination, the holder of any such mortgage shall enter first into a written agreement with
Tenant in form suitable for recording to the effect that:
a. in the event of foreclosure or other action taken under the mortgage by the
holder thereof, this Lease and the rights of Tenant hereunder shall not be disturbed but shall
continue in full force and effect so long as Tenant shall not be in default hereunder; and
b. such holder shall permit insurance proceeds and condemnation proceeds
to be used for any restoration and repair required under this Lease. Tenant agrees that if the
mortgagee or any person claiming under the mortgagee shall succeed to the interest of Landlord in
Attachment: Exhibit A - Draft Lease Agreement (3128 : Resolution Authorizing Lease Agreement for CRA's Office Space)
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this Lease, Tenant will recognize said mortgagee or person as its Landlord under the terms of this
Lease, provided that said mortgagee or person for the period during which said mortgagee or person
respectively shall be in possession of the Leased Premises and thereafter their respective successors
in interest shall assume all of the obligations of Landlord hereunder. The word "mortgage", as used
herein includes mortgages, deeds of trust or other similar instruments, and modifications, and
extensions thereof. The term "institutional mortgage" as used in this Section means a mortgage
securing a loan from a bank (commercial or savings) or trust company, insurance company or
pension trust or any other lender institutional in nature and constituting a lien upon the Leased
Premises.
20. QUIET ENJOYMENT
Landlord covenants and agrees that upon Tenant paying the rent and observing and performing all
of the terms, covenants and conditions on Tenant's part to be observed and performed hereunder,
that Tenant may peaceably and quietly have, hold, occupy and enjoy the Leased Premises in
accordance with the terms of this Lease without hindrance or interference from Landlord or any
persons lawfully claiming through Landlord.
21. ZONING AND GOOD TITLE
Landlord warrants and represents, upon which warranty and representation Tenant has relied in the
execution of this Lease, that Landlord is the owner of the Leased Premises, in fee simple absolute,
free and clear of all encumbrances, except for the easements, covenants and restrictions of record
as of the date of this Lease. Such exceptions shall not impede or interfere with the quiet use and
enjoyment of the Leased Premises by Tenant. Landlord further warrants and covenants that this
Lease is and shall be a first lien on the Leased Premises, subject only to any Mortgage to which
this Lease is subordinate or may become subordinate pursuant to an agreement executed by Tenant,
and to such encumbrances as shall be caused by the acts or omissions of Tenant; that Landlord has
full right and lawful authority to execute this Lease for the term, in the manner, and upon the
conditions and provisions herein contained; that there is no legal impediment to the use of the
Leased Premises as set out herein; that the Leased Premises are not subject to any easements,
restrictions, zoning ordinances or similar governmental regulations which prevent their use as set
out herein; that the Leased Premises presently are zoned for the use contemplated herein and
throughout the term of this lease may continue to be so used therefor by virtue of said zoning, under
the doctrine of "non -conforming use", or valid and binding decision of appropriate authority,
except, however, that said representation and warranty by Landlord shall not be applicable in the
event that Tenant's act or omission shall invalidate the application of said zoning, the doctrine of
"non -conforming use" or the valid and binding decision of the appropriate authority. Landlord shall
furnish without expense to Tenant, within thirty (30) days after written request therefor by Tenant,
a title report covering the Leased Premises showing the condition of title as of the date of such
certificate, provided, however, that Landlord's obligation hereunder shall be limited to the
furnishing of only one such title report.
22. HOLDING OVER
In the event that Tenant or anyone claiming under Tenant shall continue occupancy of the Leased
Premises after the expiration of the term of this Lease or any renewal or extension thereof without
any agreement in writing between Landlord and Tenant with respect thereto, such occupancy shall
not be deemed to extend or renew the term of the Lease, but such occupancy shall continue as a
tenancy at will, from month to month, upon the covenants, provisions and conditions herein
Attachment: Exhibit A - Draft Lease Agreement (3128 : Resolution Authorizing Lease Agreement for CRA's Office Space)
10
Packet Pg. 26
5.2.a
contained. The rental shall be the rental in effect during the term of this Lease as extended or
renewed, prorated and payable for the period of such occupancy.
23. FIXTURES
All personal property, furnishings and equipment presently and all other trade fixtures installed in
or hereafter by or at the expense of Tenant and all additions and/or improvements, exclusive of
structural, mechanical, electrical, and plumbing, affixed to the Leased Premises and used in the
operation of the Tenant's business made to, in or on the Leased Premises by and at the expense of
Tenant and susceptible of being removed from the Leased Premises without damage, unless such
damage be repaired by Tenant, shall remain the property of Tenant and Tenant may, but shall not
be obligated to, remove the same or any part thereof at any time or times during the term hereof,
provided that Tenant, at its sole cost and expense, shall make any repairs occasioned by such
removal.
24. MISCELLANEOUS PROVISIONS
a. WAIVER. Failure of either party to complain of any act or omission on
the part of the other party, no matter how long the same may continue, shall not be deemed to be a
waiver by said party of any of its rights hereunder. No waiver by either party at any time, express
or implied, of any breach of any provision of this Lease shall be deemed a waiver of a breach of
any other provision of this Lease or a consent to any subsequent breach of the same or any other
provision. If any action by either party shall require the consent or approval of the other party, the
other party's consent to or approval of such action on any one occasion shall not be deemed a
consent to or approval of said action on any subsequent occasion or a consent to or approval of any
other action on the same or any subsequent occasion. Any and all rights and remedies which either
party may have under this Lease or by operation of law, either at law or in equity, upon any breach,
shall be distinct, separate and cumulative and shall not be deemed inconsistent with each other, and
no one of them, whether exercised by said party or not, shall be deemed to be an exclusion of any
other; and any two or more or all of such rights and remedies may be exercised at the same time.
b. TIME IS OF THE ESSENCE. It is understood and agreed between the
parties hereto that time is of the essence of this Lease, and as to all of the terms, conditions and
provisions contained herein. Any time period herein described asten (10) days or more shall mean
calendar days; less than ten (10) days shall mean business days.
c. AMENDMENT. This Lease may not be altered, changed, or amended,
except by an instrument in writing, signed by the party against whom enforcement is sought. This
Lease and any exhibits attached hereto shall constitute the entire agreement reached in all previous
negotiations between the parties hereto and there are no other representations, agreements or
understandings of any kind, either written or oral, except as specifically set forth herein.
d. ESTOPPEL CERTIFICATES. At any time and from time to time,
Landlord and Tenant each agree, upon request in writing from the other, to execute, acknowledge
and deliver to the other or to any person designated by the other a statement in writing certifying
that the Lease is unmodified and is in full force and effect, or if there have been modifications, that
the same is in full force and effect as modified (stating the modifications), that the other party is
not in default in the performance of its covenants hereunder, or if there have been such defaults,
specifying the same, and the dates to which the rent and other charges have been paid.
Attachment: Exhibit A - Draft Lease Agreement (3128 : Resolution Authorizing Lease Agreement for CRA's Office Space)
11
Packet Pg. 27
5.2.a
e. RECORDATION OF LEASE. Tenant, or anyone claiming under Tenant,
shall not record this Lease or any memorandum thereof without the prior written consent of
Landlord. Instead, Landlord may record a short form of memorandum (the "Memorandum") of
this Lease. Within five (5) days of written request by Landlord, Tenant shall execute Landlord's
Memorandum and promptly return same to Landlord.
f. AUTHORITY. Landlord and Tenant duly certify that each possess the
legal authority to enter into this Lease. A resolution, motion or similar action has been duly adopted
as an official act of Tenant's governing body, authorizing the execution of this Lease, and
identifying the official representative of Tenant to act in connection herewith and to provide such
additional information as may be required by Landlord. In addition, Tenant warrants that it is not
necessary for any other person, firm, corporation, or entity to join in the execution of this Lease to
make Tenant's execution complete, appropriate and binding.
g. SEVERABILITY. If any term or provision of this Lease or the application
hereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the
remainder of this Lease, or the application of such term or provision to persons or circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and
each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted
by law.
h. CAPTIONS. The captions of the Sections or subsections of this Lease are
for convenience only and are not a part of this Lease and do not in any way limit or amplify the
terns and provisions of this Lease. The word "Landlord" and the pronouns referring thereto, shall
mean, where the context so admits or requires, the persons, firm or corporation named herein as
Landlord or the mortgagee in possession at any time, of the land and building comprising the
Leased Premises. If there is more than one Landlord, the covenants of Landlord shall be the joint
and several obligations of each of them, and if Landlord is a partnership, the covenants of Landlord
shall be the joint and several obligations of each of the partners and the obligations of the firm.
Any pronoun shall be read in the singular or plural and in such gender as the context may require.
Except as in this Lease otherwise provided, the terms and provisions of this Lease shall be binding
upon and inure to the benefit of the parties hereto and their respective successors and assigns.
Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party
as creating the relationship of principal and agent or of partnership or of a joint venture between
the parties hereto, it being understood and agreed that neither any provision contained herein, nor
any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto
other than the relationship of Landlord and Tenant.
i. BROKERAGE. No party has acted as, by or through a broker in the
effectuation of this Agreement, except as set out hereinafter.
j. ENTIRE AGREEMENT. This instrument contains the entire and only
agreement between the parties, and no oral statements or representations or prior written matter not
contained in this instrument shall have any force and effect.
k. GOVERNING LAW. All matters pertaining to this agreement (including
its interpretation, application, validity, performance and breach) in whatever jurisdiction action
may be brought, shall be governed by, construed and enforced in accordance with the laws of the
State of Florida. The parties herein waive trial by jury and agree to submit to the personal
jurisdiction and venue of a court of subject matter jurisdiction located in Miami -Dade County, State
Attachment: Exhibit A - Draft Lease Agreement (3128 : Resolution Authorizing Lease Agreement for CRA's Office Space)
12
Packet Pg. 28
5.2.a
of Florida. In the event that litigation results from or arises out of this Agreement or the performance
thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs,
and all other expenses, whether or not taxable by the court as costs, in addition to any other relief
to which the prevailing party may be entitled.
[Remainder of this page left intentionally blank]
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized as of the day and year above written.
LANDLORD: WITNESS:
THE BLACK ARCHIVES, HISTORY AND By:
RESEARCH FOUNDATION OF SOUTH
FLORIDA, INC., a Florida non-profit corporation Print:
By:
By: Print:
Timothy Barber
Executive Director
STATE OF FLORIDA
) SS
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this of ,2017, by Timothy
Barber, Executive Director of THE BLACK ARCHIVES, HISTORY AND RESEARCH
FOUNDATION OF SOUTH FLORIDA, INC., who is personally known to me [ ] or who has
produced identification [ ]; type of identification produced
Print or Stamp Name:
Notary Public, State of
Commission No.:
My Commission Expires:
Attachment: Exhibit A - Draft Lease Agreement (3128 : Resolution Authorizing Lease Agreement for CRA's Office Space)
13
Packet Pg. 29
5.2.a
TENANT: WITNESS:
SOUTHEAST OVERTOWN/PARK WEST By:
COMMUNITY REDEVELOPMENT AGENCY,
a public agency and body corporate created Print:
pursuant to Section 163.356, Florida Statutes
By:
By: Print:
Clarence E. Woods, III
Executive Director
STATE OF FLORIDA
) SS
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this of ,2017, by Clarence
E. Woods, III, Executive Director of the Southeast Overtown/Park West Community
Redevelopment Agency, who is personally known to me [ ] or who has produced identification [
]; type of identification produced
Print or Stamp Name:
Notary Public, State of
Commission No.:
My Commission Expires:
ATTEST:
By:
Todd B. Hannon
Clerk of the Board
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
LEGAL SUFFICIENCY: REQUIREMENTS:
By: By:
Renee A. Jadusingh, Esq. Ann -Marie Sharpe
CRA Counsel Director of Risk Management
Attachment: Exhibit A - Draft Lease Agreement (3128 : Resolution Authorizing Lease Agreement for CRA's Office Space)
14
Packet Pg. 30
5.2.a
EXHIBIT "A"
LEASED PREMISES
Attachment: Exhibit A - Draft Lease Agreement (3128 : Resolution Authorizing Lease Agreement for CRA's Office Space)
15
Packet Pg. 31
5.3
SEOPW Board of Commissioners Meeting
October 30, 2017
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
INTER -OFFICE MEMORANDUM
To: Board Chair Keon Hardemon Date: October 17, 2017 File: 3129
and Members of the CRA Board
From: Clarence E. Woods, III
Executive Director
Subject: Resolution Authorizing Additional
Funding "Groovin' Bean Coffee Bar &
Lounge" Build Out
Enclosures: File # 3129 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 $50,000, to
Groovin' Bean, LLC ("Grantee"), to underwrite costs associated with unforeseen construction costs and
permitting delays for the build out of "Groovin' Bean Coffee Bar & Lounge" ("Groovin' Bean") located at
801 N.W. 3rd Avenue, Miami, Florida.
The Board of Commissioners, by Resolution No. CRA-R-15-0016, authorized the issuance of a grant, in
an amount not to exceed $150,000, to the Grantee to underwrite costs associated with the build out of
Groovin' Bean, a lounge and coffee house facility that would provide accessible and affordable high
quality food and coffee -based products, and entertainment to the Redevelopment Area ("Project").
It is recommended that the Board of Commissioners approve this Resolution to complete this Project,
which will provide the Redevelopment Area with the sole coffee shop within its boundaries.
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 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 ...". Further, Section 2, Principle 6, at page 15 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 ...."
FUNDING:
$50,000 allocated from SEOPW Tax Increment Fund, entitled "Other Grants and Aids" Account No.
10050.920101.883000.0000.00000.
Packet Pg. 32
5.3
AGENDA ITEM
FINANCIAL INFORMATION FORM
SEOPW CRA
CRA Board Meeting Date: October 30, 2017
CRA Section:
Brief description of CRA Agenda Item:
Authorizing additional funds in an amount not to exceed $50,000, to Groovin' Bean,
LLC, to underwrite construction costs for the build out of "Groovin' Bean Coffee Bar &
Lounge".
Project Number (if applicable):
YES, there are sufficient funds in Line Item:
Account Code: 10050.920101.883000.0000.00000 Amount: $ 5 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:
Page 2 of 5
Packet Pg. 33
5.3
Approved by:
Clare ..,d E. v�oods, xecutive Director 10/17/2017
Approval:
Miguel A ValcntiFriarice Officer 10/17/2017
Page 3 of 5
Packet Pg. 34
5.3
Southeast Overtown/Park West
Community Redevelopment Agency
File Type: CRA Resolution
Enactment Number:
File Number: 3129 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 $50,000, TO GROOVIN'
BEAN, LLC, TO UNDERWRITE COSTS ASSOCIATED WITH UNFORESEEN
CONSTRUCTION COSTS FOR THE BUILD OUT OF "GROOVIN' BEAN COFFEE BAR
& LOUNGE"; 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; 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 a stated redevelopment
goals; and
WHEREAS, Section 2, Principle 4, at page 14, of the Plan provides that "employment
opportunities be made available to existing residents..." as 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, the Board of Commissioners, by Resolution No. CRA-R-15-0016,
authorized the issuance of a grant, in an amount not to exceed $150,000, to Groovin' Bean, LLC
("Grantee") to underwrite costs associated with the build out of "Groovin' Bean Coffee Bar &
Lounge" ("Groovin' Bean") located at located at 801 N.W. 3rd Avenue, Miami, Florida ("Project");
and
WHEREAS, Grantee now seeks additional grant funds from the CRA to complete the
Project due to unforeseen construction costs and permitting delays; and
Page 4 of 5
Packet Pg. 35
5.3
WHEREAS, the Board of Commissioners wish to authorize a grant in an amount not to
exceed $50,000 to Grantee to underwrite costs associated with unforeseen construction costs
and permitting delays for the build out of Groovin' Bean; and
WHEREAS, the Board of Commissioners finds that authorizing this Resolution 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 $50,000, to Groovin' Bean, LLC to underwrite costs associated with the unforeseen
construction costs and permitting delays for the build out of "Groovin' Bean Coffee Bar &
Lounge.
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:
I —) Re ee Jadusingh, Staff CoJnseI'—" 173/2017
Page 5 of 5
Packet Pg. 36
5.3.a
REQUEST FOR ADDITIONAL FUNDING
GENERAL:
Pursuant to CRA Resolution: CRA-15-0016 (Final Action Date 04/27/2015), where the CRA Board
of Commissioners authorized a Grant in an amount not to exceed $150,000.00 to Groovin' Bean
LLC to underwrite costs associated with the build -out of "Groovin' Bean Coffee Bar & Lounge"
from the proposed Commercial Tennant Improvement Program;
Groovin' Bean LLC presents this Request for Additional Funding in the amount of $57,675.41.
There are several factors that necessitate this request, and they are listed below:
1. The Contractor, the Architect and the CRA Project Manager have already Value Engineered
the project to keep it within the budgetary constraints (including purchasing all appliances
"second hand"; and abandoning the proposed "Office Area" to avoid having to reroute the
plumbing). This VE effort produced a potential savings of $15,480.00.
2. The City of Miami Building Department kept the Construction Documents in the "review
process" for nearly 12 months prompting increases in the various line items on the budget
which was attached to the referenced resolution. This resulted in an additional $9,000.00
in Mechanical, Electrical and Plumbing, alone
3. Due to the requirements of the Fire Department for Range Hood Suppression Systems and
rerouting of the Ventilation System to avoid the residential area above, the resulting price
to accomplish this scope added $45, 624.80 (Universal Hood Tech, Inc. Quote attached)
4. Additional unforeseen measures had to be undertaken for sound proofing and ceiling
insulation to minimize sound travel between the commercial and residential spaces;
resulting in an additional cost of $3,050.61
5. The Contractor IGWT Construction Inc. has agreed to reduce his amount for Overhead and
Profit by 50% Resulting in a $15,000.00 savings
SUMMARY:
DESCRIPTION
ADD
DEDUCT
Contract Amount
150,000.00
1. Value Engineering
15,480.00*
2. Mech; Elect; Plmbg.
9,000.00
3. Range Hood
45,624.80
4. Sound Mitigation
3,050.61
5. Contractor OH&P
15,000.00*
TOTAL
207,675.41
30,480.00*
*Savings realized by avoiding potential required increases
Packet Pg. 37
5.3.a
Customer
Groovin Bean
Groovin Bean
801 NW 3rd Avenue
Miami, FI
Phone: 772-713-2128 Fax:
tdavis@igwtconstructioninc.com
SUBMITTAL
Universal Hood Tech, Inc
13700 NW 19th Ave, Bay 6-7
Opa Locka, FL 33054
Phone: (305) 687-7099 Fax: (305) 687-7095
www.universalhoodtech.com
Project #
Date
Rep
171281
06/30/17
J. Baluja
Item & Description Qty Rate Amount
ieOF
111
Exhaust Hood - Wall Style
SAV-AIR UL listed range hood with make-up air plenum
attached, fabricated with 18ga. stainless steel. UL listed
pre -wire vapor proof globe type incandescent lights.
Model CL-DW Size: 10' x 24" x 48".
Stainless Steel Wall Panels
20ga. polished stainless steel panels behind the hood
area.
1.00 0.00 0.00
1.00 0.00 0.00
Aluminum Baffle Grease Filters 1.00
20" x 20" aluminum hood baffle grease filters.
Exhaust Fan - Utility Set
Utility vent set exhaust fan Loren Cook model 180-CPS
1.5 HP 115 volts to handle 3000 CFM @ 1.75 sp, fan runs
@ 1390 RPM. Includes grease collector.
Filtered Air Supply Fan
Filtered air supply fan Loren Cook model 100 KSP 1 1/2
HP 115 volts to handle 2750 CFM @ .375 sp, fan runs @
0.00 0.00
1.00 0.00 0.00
1.00 0.00 0.00
Attachment: File # 3129 Backup (3129 : Resolution Authorizing Additional Funding "Groovin' Bean Coffee Bar & Lounge" Build Out)
Universal Hood Tech, Inc 13700 NW 19th Ave, Bay 6-7 Opa Locka, FL 33054 (305) 687-7099 Fax (305) 687-7095 www.universalhoodtech.com
Packet Pg. 38
5.3.a
Item & Description
1000 RPM. Includes roof curb.
Fire Suppression System
Range Guard Fire Suppression System completely
11111111 installed.
Electric Controls
Smart Electrical Controls with LCD Screen.
Thermostatically Controlled Option offers automatic
operation of exhaust fan(s) whenever cooking operations
occur. (installed by others)
® *Installation to include:
® - Ventilated exhaust curb
Cw7 - Galvanized 16ga. all welded exhaust duct extended
from the hood to the roof. (3 stories building)
- Light gauge air supply duct system
- Air supply fan curb.
- PE sealed shop drawings
- Certified Test & Balance report
- Permits (Mechanical & Fire) *Fees by customer
- Complete installation
- Crane service.
- Labor
EXCLUSIONS (to be done by others)
- All electrical field wiring (by electrician)
- Any structural alterations
- "K" class fire extinguisher
- Horn and strobe
- Cutting and patching of roof (by roofer)
- Wall penetration & wall patching
- Roof grease guard
- Screening or equipment railing on roof (if required)
- Fire chase (if required)
- Dismantling or replacement of existing obstruction
such as A/C ducts, plumbing lines and electrical conduits,
ceiling assembly, etc
- X-ray of slab if required
- Removal of all equipment under hood if providing
demolition
- Dumpster/trash receptacle for any and all garbage
* Customer is responsible for additional charges as a
result of cooking equipment layout changes after the
Qty
1.00
1.00
1.00
Rate Amount
0.00
0.00
42,640.0
0.00
0.00
42, 640.00
Attachment: File # 3129 Backup (3129 : Resolution Authorizing Additional Funding "Groovin' Bean Coffee Bar & Lounge" Build Out)
Universal Hood Tech, Inc 13700 NW 19th Ave, Bay 6-7 Opa Locka, FL 33054 (305) 687-7099 Fax (305) 687-7095 www.universalhoodtech.com
Packet Pg. 39
5.3.a
Item & Description Qty
Rate Amount
release of the order. 0
We look forward to doing business with you!
Terms & Conditions
5O% deposit, 45% upon installation, 5% due at final inspection.
All equipment remains the sole property of Universal Hood Tech Inc. until balance is paid in full.
We reserve the right to remove any equipment if balance is not paid.
A $36.00 fee will be charged for every check returned by bank.
If account is sent to a collection agency, we will add a 25% to the unpaid balance to cover collections fees.
If you agree to these terms and conditions sign here:
Sub Total 42,640.00
FL (7%) 2,984.80
Total $45,624.80
Attachment: File # 3129 Backup (3129 : Resolution Authorizing Additional Funding "Groovin' Bean Coffee Bar & Lounge" Build Out)
Universal Hood Tech, Inc 13700 NW 19th Ave, Bay 6-7 0pa Locka, FL 33054 (305) 687-7099 Fax (305) 687-7095 www.universalhoodtech.com
Packet Pg. 40
5.4
SEOPW Board of Commissioners Meeting
October 30, 2017
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
INTER -OFFICE MEMORANDUM
To: Board Chair Keon Hardemon Date: October 17, 2017 File: 3130
and Members of the CRA Board
Subject: Resolution Authorizing an Expenditure
for Overtown Monument Signs
From: Clarence E. Woods, III
Executive Director
Enclosures: File # 3130 Backup
BACKGROUND:
The attached Resolution of the Board of Commissioners of the Southeast Overtown/Park West
Community Redevelopment Agency ("CRA") authorizes an expenditure of funds in an amount not to
exceed $120,000 to underwrite costs associated with the development and maintenance of two (2)
monument signs in Overtown. One sign will be located at NW 3rd Avenue between NW 8th Street and NW
9th Street ("Sign A") and a second sign will be located at another entrance to the Overtown community.
This Resolution also authorizes the CRA to enter into agreements with Office of Capital Improvements to
develop Sign A and Public Works Department to maintain Sign A.
Currently, Sign A is poor condition and needs to be replaced. As part of the second amendment to the
St. John Plaza Apartments development agreement', the developer agreed to pay $100,000 to the CRA
to be utilized by the CRA "to design and construct entrance sign(s) advertising the "Overtown
Community". The CRA intends to replace the existing sign located at NW 3rd Avenue between NW 8th
Street and NW 9th Street with a larger monument sign and install a second sign at another entrance to the
Overtown community at a location to be determined in the future.
Sign A is located on property that is owned by the Florida Department of Transportation ("FDOT"). In
order for FDOT to approve replacing the sign, they require agreements with a municipality to develop and
maintain the same. Thus, the CRA has been in discussions with the City of Miami's Office of Capital
Improvements and Public Works Department to comply with FDOT's requirements.
This Resolution allows the CRA to finalize the agreements with the City of Miami and present a resolution
to the City Commission that will authorize the development and maintenance of the signs.
JUSTIFICATION:
Section 2, Goal 6, at page 11, of the Southeast Overtown/Park West Community Redevelopment Agency
Plan ("Plan") lists "improving quality of life for residents" as a stated redevelopment goal.
Section 2, Principle 10, at page 16, of the Plan provides that "[I]ooks are important to current residents
who will feel community pride when receiving pleasant comments about where they live [and I]ooks are
important to attracting investors to make other improvements to the neighborhood."
1 CRA Resolution No. CRA-R-15-0053
Packet Pg. 41
5.4
FUNDING:
$120,000 allocated from SEOPW Tax Increment Fund, entitled "Other Grants and Aids" Account No.
10050.920101.883000.0000.00000.
Page 2 of 7
Packet Pg. 42
5.4
AGENDA ITEM
FINANCIAL INFORMATION FORM
SEOPW CRA
CRA Board Meeting Date: October 30, 2017
CRA Section:
Brief description of CRA Agenda Item:
Authorizing the expenditures of funds, in an amount not to exceed $120,000, to
underwrite costs associated with the development and maintenance of two (2)
monument signs in Overtown.
Project Number (if applicable):
YES, there are sufficient funds in Line Item:
Account Code:10050.920101.883000.0000.00000 Amount: $1 2 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: Funds derived from 2nd amended St John's Development Agreement
($100K-Developer's contribution) and 2017 unrestricted fund balance ($20K).
Page 3 of 7
Packet Pg. 43
5.4
Approved by:
Clare ..,d E. v�oods, xecutive Director 10/17/2017
Approval:
Miguel A ValcntiFriarice Officer 10/17/2017
Page 4 of 7
Packet Pg. 44
5.4
Southeast Overtown/Park West
Community Redevelopment Agency
File Type: CRA Resolution
Enactment Number:
File Number: 3130 Final Action Date:
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
AUTHORIZING THE EXPENDITURE OF FUNDS, IN AN AMOUNT NOT TO EXCEED
$120,000, TO UNDERWRITE COSTS ASSOCIATED WITH THE DEVELOPMENT AND
MAINTENANCE OF TWO (2) MONUMENT SIGNS IN OVERTOWN; AUTHORIZING
THE CRA TO ENTER INTO AGREEMENTS WITH THE CITY OF MIAMI'S OFFICE OF
CAPITAL IMPROVEMENTS AND PUBLIC WORKS DEPARTMENT TO DEVELOP
AND MAINTAIN THE SIGN THAT WILL BE LOCATED AT NW 3RD AVENUE
BETWEEN NW 8TH STREET AND NW 9TH STREET; 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; ALLOCATING FUNDS 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 6, at page 11, of the Plan lists and "improving quality of life
for residents" as a stated redevelopment goal; and
WHEREAS, Section 2, Principle 10 at page 16 provides that "[I]ooks are important to
current residents who will feel community pride when receiving pleasant comments about where
they live [and I]ooks are important to attracting investors to make other improvements to the
neighborhood;" and
WHEREAS, an Overtown sign located at NW 3rd Avenue between NW 8th Street and NW
9th Street and it is in poor condition and needs to be replaced; and
WHEREAS, as part of the second amendment to the St. John Plaza Apartments
development agreement2, the developer agreed to pay $100,000 to the CRA to be utilized by
the CRA "to design and construct entrance sign(s) advertising the "Overtown Community;" and
Z CRA Resolution No. CRA-R-15-0053
Page 5 of 7
Packet Pg. 45
5.4
WHEREAS, the CRA intends to replace the existing sign located at NW 3rd Avenue
between NW 8th Street and NW 9' Street with a larger monument sign ("Sign A") and install a
second sign at another entrance to the Overtown community at a location to be determined in
the future; and
WHEREAS, Sign A is located on property that is owned by the Florida Department of
Transportation ("FDOT"). In order for FDOT to approve replacing the sign, they require
agreements with a municipality to develop and maintain the same. Thus, the CRA has been in
discussions with the City of Miami's Office of Capital Improvements and Public Works
Department to comply with FDOT's requirements; and
WHEREAS, the Board of Commissioners wish to authorize the expenditure of funds in
an amount not to exceed $120,000 to underwrite costs associated with the development and
maintenance of two (2) monument signs in Overtown; and
WHEREAS, the Board of Commissioners wish to authorizes the CRA to enter into
agreements with Office of Capital Improvements to develop Sign A and Public Works
Department to maintain Sign A;
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 the expenditure of funds
in an amount not to exceed $120,000 to underwrite costs associated with the development and
maintenance of two (2) monument signs in Overtown. One sign will be located at NW 3rd
Avenue between NW 8th Street and NW 9th Street ("Sign A") and a second sign will be located at
another entrance to the Overtown community.
Section 3. The Board of Commissioners hereby authorizes the CRA to enter into
agreements with Office of Capital Improvements to develop Sign A and Public Works
Department to maintain Sign A.
Section 4. The Executive Director is authorized to execute all documents necessary
for said purpose.
Section 5. 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 6. Funds are to be allocated from SEOPW Tax Increment Fund, entitled "Other
Grants and Aids," Account Code No. 10050.920101.833000.0000.00000.
Section 7. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Page 6 of 7
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5.4
Re'neeladusi g ,StaffCU nsel'- 1 G7 3/2017
Page 7 of 7
Packet Pg. 47
5.4.a
Overtown Monument Signage Project
Estimated Project Costs
Sign #1 - Located at NW 3rd Ave. Between 9th St & 8th St (Replaces existing)
Design, Engineering, Project Management (OCI) & Construction costs: $50,000
Sign #2 - Location TBD:
Design, Engineering, Project Management (OCI) & Construction costs: $50,000
Miscellaneous future maintenance of installed monument signs: $20,000
Total Funds Required: $120,000
Attachment: File # 3130 Backup (3130 : Resolution Authorizing an Expenditure for Overtown Monument Signs)
Packet Pg. 48
Locat���- for sign A
NW 3rd
Avenue between NW 8th Street and.NW 9th Str
-40
Packet Pg. 49
LINE OF CORNICE TRIM
(ABOVE)
/
I '-6"
Design for Sign A
3'-0"
5' 6"
2'-4"
JJ
0
O 0
0
621
C
l9
2'-0"
1 '-4"
I '-4" I '-4"
/
6'-3"
I '-4"
5'-0"
7-
PLAN VIEW
SCALE: z" = I' 0"
0
Co
7-
welcome To
ortowil
❑ 11 11 II II
1 1 1
T
2'-0"
FRONT ELEVATION
SCALE, = I'-0"
CORNICE TRIM (TYPICAL)
FAUX STONE CLAD FINISH (TYPICAL ALL
WALL SURFACES)
_EOPW CRA LOGO MEDALLION
(BRONZE APPEARANCE)
REFER TO LOGO FILE
SOLAR PANEL POWER SOURCE FOR
LIGHTING (SIZING TO BE DETERMINED)
RAISED PLATFORM ON SUPPORT
POST WITH LETTERING ABOVE
LINE OF WALL FINISH (BELOW)
CORNICE TRIM (TYPICAL)
GENERAL NOTES/PROJECT NARRATIVE
THE SCOPE OF WORK FOR THIS PROJECT IS TO CONSTRUCT
A MONUMENT SIGN ALONG NW 3rd AVE. BETWEEN NW 9th
STREET AND NW 8th STREET IN OVERTOWN. THE PROJECT IS
BEING DEVELOPED BY THE SOUTHEAST OVERTOWN/PARK
WEST COMMUNITY REDEVELOPMENT AGENCY, A COMPONENT
OP THE CITY OF MIAMI. THESE DRAWINGS ARE NOT TO BE
JSED FOR CONSTRLCTION, BUT RATHER FOR THE PLRPOSE
OP PDOT CONCEPTUAL APPROVAL FOR A'COMMUNITY
AESTHETIC FEATURE', THE FOLLOWING NOTES ARE TO AID IN
THE APPROVAL PROCESS:
• THE COMMUNITY. AESTHETIC FEATURE CATEGORY 1S,
LOCAL 1 .D. MARKER (STAND ALONE)
• THE DESIGN SPEED OF THE ADJACENT ROADWAY (NW 3RD
AVE) 15: 30 M.P.H.
• THE GOVERNING CODE/STANDARD TO WHICH THE
FCATJRC WLL BE DESIGNED 15, FLORIDA BUILDING CODE,
2014 EDITION
NOTE, THE STRUCTURE WILL BE CONSTRUCTED OF A
HIGH -DENSITY, LIGHTWEIGHT EXPANDED POLYSTYRENE (EPS)
FOAM COVERED WITH A HARD SHELL TO RESEMBLE STONE.
THE STRUCTURE WILL BE DESIGNED AND ANCHORED TO AN
JNDCRGROUND FOUNDATION AS REQUIRED TO WITHSTAND
APPLICABLE WIND LOADS,
LOW -VOLTAGE LED, LIGHTING WILL BE PROVIDED FOR
LETTERING, POWERED BY A SOLAR PANEL. GROUND
MOUNTED LOW VOLTAGE FLOOD LIGHTING MAY BE PROVIDED
TO ILLLJMINAT, WALL SURFACES, SUBJECT TO SOLAR PANEL
CAPACITY. ALL LIGHTING WILL COMPLY WITH FDOT
REGULATIONS.
SEOPW C3A LOGO MEDALLION
(BRONZE APPEARANCE)
REFER TO LOGO PALE
FAUX STONE CLAD FINISH OVER EPS ROAM
CORE (TYPICAL ALL WALL SURFACES)
RAISED LETTERS (REVERSE LI-)
BACKGROUND PANEL FOR LETTERS
(AS REQUIRED)
SOLAR PANEL POWER SOURCE FOR LIGHTING
AND SUPPORT BRACKET
(NORTHERN SUN)
0
SIDE ELEVATION
SCALE, 3' = I'-0"
SOUTHEAST OVERTOW rn
PARK WEST '
c
COMMUNITY
REDEVELOPMENT 2
0
COMMUNITY AESTHETIC FEATURE CONCEPTUAL DESIGN
AGENCY
NW 3RD AVE BETWEEN NW 8th AND 9th STREET
MARCH 29, 2017
0
O
0
d
7
X
W
4
07
c
N
O
L
0
O
Et
0
M_
0
U
00
0,
1
0
E
43
m
Packet Pg. 50
()GENERAL LOCATION MAP
not to scale
LOCATION OF PROPOSED
STAND ALONE LOCAL I.D. MARKER
FDOT LIMITED ACCESS RIGHT-
OF-WAY LINE
(INTERSTATES -95)
BACK OF EXISTING CURB
(NW 3RD AVE)
EDGE OF EXISTING STORM DRAIN
INLET
0
55
59
1
LOCATION OF PROPOSED ` REFER TO PRELIMINARY
STAND ALONE LOCAL I.D. MARKER SITE PLAN (TI11S SHEET)
ENLARGED SITE PLAN
scale: I/8" = I'-0"
EXISTING LANE
LINE
BEET
\
N.W. 9th STREET
LOCATION OF PROPOSED
STAND ALONE LOCAL I.D. MARKER
MOT LIMITED ACCESS RIGHT-
OF-WAY LINE
(INTERSTATES -95)
REFER TO ENLARGED SITE FLAN
(THIS SHEET)
ON -RAMP TO INTERSTATE-95
FOR BO RUM,
fikk
8th STREET
() PRELIMINARY SITE PLAN
scale: I" = 50'
SOUTHEAST OVERTOWN,
PARK WEST
COMMUNITY
REDEVELOPMENT
AGENCY
COMMUNITY AESTHETIC FEATURE CONCEPTUAL DESIGN
NW 3RD AVE BETWEEN NW 8th AND 9th STREET
SUBMITTED TO:
FLORIDA DEPARTMENT OF TRANSPORTATION
MARCH 29, 2017
5.4.a
Overtown CRA Monument Sign - Preliminary Estimate
Prepared by Brendan DeCaro - Revised 6/12/2017
City of Miami Project
DESCRIPTION
UNIT QUANTITY UNIT -COST
TOTAL
Demolition of existing sign
LS
1
$ 1,000.00
$ 1,000.00
Excavation for new sign
LS
1
$ 750.00
$ 750.00
Reinforced concrete foundation (2 CY with forms & re -bar)
LS
1
$ 3,000.00
$ 3,000.00
FAUX stone clad EPS foam -core Monument Sign
LS
1
$ 5,000.00
$ 5,000.00
Raised letter reverse lit panel
LS
1
$ 2,500.00
$ 2,500.00
Logo Medallion
LS
1
$ 750.00
$ 750.00
Solar Panel
LS
1
$ 1,000.00
$ 1,000.00
Re -sod around new sign
LS
1
$ 650.00
$ 650.00
Sub -Total (Direct Costs)
$ 14,650.00
GENERAL CONDITIONS
Sub -Total
BOND & INSURANCE
Sub -Total
OVERHEAD & PROFIT
Sub -Total
CONTINGENCY
10%
5.0%
10%
10%
$1,465.00
$16,115.00
$805.75
$16, 920.75
$1, 692.08
$18,612.83
$1,861.28
Sub -Total (Incl. Hard Costs)
$20,474.11
A/E Design Fees
Permits
LS
LS
1
1
$ 5,000.00
$ 2,500.00
$ 5,000.00
$ 2,500.00
Sub -Total (Soft Costs)
$ 7,500.00
Sub -Total (Hard + Soft Costs)
$ 27,974.11
CIP Fees (5% PM + 5% CM + 5% ADM)
15.0%
$3,071.12
GRAND TOTAL
$ 31,045.22
Attachment: File # 3130 Backup (3130 : Resolution Authorizing an Expenditure for Overtown Monument Signs)
Packet Pg. 52
5.4.a
Jadusingh, Renee
From: Fletcher, Jeremy <Jeremy.Fletcher@dot.state.fl.us>
Sent: Friday, April 21, 2017 5:02 PM
To: Iglesias, Daniel
Cc: Fuentes, Karina; Carlquist, Taylor
Subject: D-6 City of Miami - Overtown CAF: Local ID Marker; NW 3rd Avenue; Miami -Dade
County
Attachments: Miami-Overtown-CAF-Concept.pdf
D-6 City of Miami: Overtown Stand -Alone Local ID Marker
In review and discussion with the Roadway Aesthetics Community of Practice, and Michael Shepard, P.E., State
Roadway Design Engineer, this submittal package for a Local ID Marker has been Conceptually Approved with
the following comment. Please find attached Submittal/Approval letter.
• Please ensure that the City of Miami is the applicant for this feature, not the community
redevelopment agency.
• See PPM, Volume 1, Section 9.3.2.2 for Final Phase submittal requirements.
If you have any questions and/or comments, please feel free to contact me.
Thanks,
Jeremy
Jeremy W. Fletcher, P.E., P.S.M.
Florida Department of Transportation
Roadway Quality Assurance Administrator
605 Suwannee Street - MS 32
Tallahassee, Florida 32399-0450
Ph: (850) 414-4320, Fax: (850) 414-5261
http://www.fdot.gov/roadway/QA/QA.shtm
Attachment: File # 3130 Backup (3130 : Resolution Authorizing an Expenditure for Overtown Monument Signs)
1
Packet Pg. 53
5.4.a
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Attachment: File # 3130 Backup (3130 : Resolution Authorizing an Expenditure for Overtown Monument Signs)
Packet Pg. 54
5.4.a
5. Payment to CRA. Simultaneously with the execution of this Second Amendment
the Developer shall pay to the CRA One Hundred Thousand and No/100 Dollars ($100,000.00)
which funds shall be utilized by the CRA to design and construct entrance sign(s) advertising the
"Overtown Community". If requested by the CRA, the Developer agrees to construct the
advertising sign(s) at its actual cost without mark-up of any kind. This provisions shall survive
the Closing.
6. Closing. The Closing Date is hereby amended to be on the earlier of (a) ten (10)
days after all the CRA Conditions Precedent to closing have been either satisfied or waived by
the CRA or (b) January 29, 2016, time being of the essence.
7. Notices. Section 16 of the Development Agreement is hereby amended and
restated to read as follows:
"16. 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, sent by recognized overnight courier (such as Federal Express), 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:
With a copy to:
With a copy to:
And with a copy to:
SJP Apartments, LLC
c/o Community Development Partners
4337 Sea Grape Drive, Suite B
Lauderdale By The Sea, FL 33308
Attention: James Watson
Stearns Weaver Miller Weissler Alhadeff
and Sitterson, P.A.
150 West Flagler Street, Suite 2200
Miami; FL 33130
Attention: Brian McDonough, Esq.
Boston Capital Corporate Tax Credit Fund XL,
A Limited Partnership
One Boston Place
Boston, MA 02108
Attn: Asset Management
Nixon Peabody LLP
100 Summer Street
Boston, MA 02110
Attn: John Condon
Legal Services of Greater Miami
3000 Biscayne Boulevard, Suite 500
Miami, Florida 33137
Attention: Shahrzad Emani
3
Attachment: File # 3130 Backup (3130 : Resolution Authorizing an Expenditure for Overtown Monument Signs)
Packet Pg. 55
5.5
SEOPW Board of Commissioners Meeting
October 30, 2017
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
INTER -OFFICE MEMORANDUM
To: Board Chair Keon Hardemon Date: October 17, 2017 File: 3131
and Members of the CRA Board
From: Clarence E. Woods, III
Executive Director
Subject: Resolution Authorizing a Grant to the
City of Miami for Enhanced Policing
Services
Enclosures:
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 $750,000, to
the City of Miami ("City") to underwrite costs associated with enhanced policing services within the
Southeast Overtown/Park West Redevelopment Area ("Program").
The Program has allowed the City to provide enhanced police services within the Redevelopment Area by
hiring six (6) additional police offices for the purpose of providing enhanced baseline police services to
the Redevelopment Area. The nature of the services rendered by the Program consist of police services
to supplement the general patrol within the Redevelopment Area for the purpose of providing enhanced
police support to the area. This Program is meant to improve public safety by providing enhanced
policing services, including, but not limited to, foot patrol, field interrogation, and intensified motorized
patrol.
The Board of Commissioners has previously supported the Program, as authorized by Resolution Nos.
CRA-R-15-0011, CRA-R-15-0057, and CRA-17-0004. The CRA now seeks to provide a grant to the City
to continue the enhanced policing services for fiscal year 2017-2018.
JUSTIFICATION:
Since the inception of the CRA in 1982, crime has been a serious concern within the Redevelopment
Area and continues to affect the CRA's ability to execute the Southeast Overtown/Park West Community
Redevelopment Agency Plan ("Plan"). The CRA's Finding of Necessity states that the mere "physical
environment of the Redevelopment Area is conducive for the commission of crimes, such as the sale and
use of narcotics," thereby, evidencing the need to address crime within the Redevelopment Area. In an
effort to enhance the general patrol services provided by the City of Miami Police Department within the
Redevelopment Area, the CRA has funded several community policing innovation programs with the
Redevelopment Area, such as the Police Visibility Pilot Program (CRA-R-08-0024 & CRA-R-10-0047), the
ShotSpotter Flex Gunfire Alert Pilot Program (CRA-R-13-0067), and the CRA Police Pilot Program (CRA-
R-14-0069, CRA-R-15-0011).
In order to aid in carrying out the Plan and its overall objectives, measures must be taken to address the
criminal activity in the Redevelopment Area, by means provided for within the Plan and the Florida
Statutes as restated herein.
Packet Pg. 56
5.5
Section 163.335, Florida Statutes, states that the existence of slum and blighted areas greatly contributes
to the spread of disease and crime causing economic and social burdens to the community, thereby
negatively affecting the tax base and impairing sound growth within the community. In response to the
existence of slum and blight within the State of Florida, Section 163.356, Florida Statutes allows for the
creation of community redevelopment agencies to address these conditions by engaging in "community
redevelopment". Section 163.340(9), Florida Statutes, therein defines "community redevelopment" in part
as "undertakings, activities, or projects of a ... community redevelopment agency in a community
redevelopment area ... for the reduction or prevention of crime".
Moreover, Section 163.340(23), Florida Statutes provides a means for community redevelopment
agencies to address crime through "community policing innovations" which is defined as "policing
technique or strategy designed to reduce crime by reducing opportunities for, and increasing the
perceived risks of engaging in, criminal activity through visible presence of police in the community,
including, but not limited to, community mobilization, neighborhood block watch, citizen patrol, citizen
contact patrol, foot patrol, neighborhood storefront police stations, field interrogation, or intensified
motorized patrol."
Section 163.387(1)(a), Florida Statutes, states that redevelopment trust funds "shall be used by the
agency to finance or refinance any `community redevelopment' it undertakes pursuant to the approved
community redevelopment plan." Further, Section 163.387(6)(h), Florida Statutes, states "[m]oneys in the
redevelopment trust fund may be expended from time to time for undertakings of a community
redevelopment agency as described in the community redevelopment plan for ... [t]he development of
`community policing innovations-.
Pursuant to the Plan, at page 128, the CRA shall be empowered "to establish, implement, and fund
community policing innovations" and has incorporated therein the statutory definition of community
policing innovations, stated above, at page 135 of the Plan.
Further, Section 2, Goal 6, at page 11, and Principle 5, at page 14 of the Plan lists "improving quality of
life for residents- and states that "[w]alking within the neighborhood must be accessible, safe, and
pleasant" as stated redevelopment objectives. Section 2, Principle 1, at Page 14 of the Plan states that
"walkability" is "a key component of the vibrant and healthy neighborhood."
The goal of the Program is to reduce and prevent crime within the Redevelopment Area, thereby
enhancing the quality of life of its residents and encouraging growth and development in the area in
accordance with the Plan.
FUNDING:
$750,000 allocated from SEOPW Tax Increment Fund, entitled "Other Grants and Aids" Account No.
10050.920101.883000.0000.00000.
Page 2 of 7
Packet Pg. 57
5.5
AGENDA ITEM
FINANCIAL INFORMATION FORM
SEOPW CRA
CRA Board Meeting Date: October 30, 2017
CRA Section:
Brief description of CRA Agenda Item:
Authorizing a grant , in an amount not to exceed $750,000, to the City of Miami to
underwrite costs associated with enhanced policing services within the redevelopment
area.
Project Number (if applicable):
YES, there are sufficient funds in Line Item:
Account Code: 10050.920101.883000.0000.00000 Amount: $ 7 5 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: Funds derived from 2018 TIF Revenues.
Page 3 of 7
Packet Pg. 58
5.5
Approved by:
Clare ..,d E. v�oods, xecutive Director 10/17/2017
Approval:
Miguel A ValcntiFriarice Officer 10/17/2017
Page 4 of 7
Packet Pg. 59
5.5
Southeast Overtown/Park West
Community Redevelopment Agency
File Type: CRA Resolution
Enactment Number:
File Number: 3131 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 $750,000 TO THE CITY
OF MIAMI TO UNDERWRITE COSTS ASSOCIATED WITH ENHANCED POLICING
SERVICES WITHIN THE REDEVELOPMENT AREA; 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; FURTHER AUTHORIZING
THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR
SAID PURPOSE; 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 163.335, Florida Statutes, states that the existence of slum and
blighted areas greatly contributes to the spread of disease and crime causing economic and
social burdens to the community, thereby negatively affecting the tax base and impairing sound
growth within the community; and
WHEREAS, in response to the existence of slum and blight within the State of Florida,
Section 163.356, Florida Statutes allows for the creation of community redevelopment agencies
to address these conditions by engaging in "community redevelopment;" and
WHEREAS, Section 163.340(9), Florida Statutes, defines "community redevelopment" in
part as "undertakings, activities, or projects of a ... community redevelopment agency in a
community redevelopment area ... for the reduction or prevention of crime;" and
WHEREAS, Section 163.340(23), Florida Statutes provides a means for community
redevelopment agencies to address crime through "community policing innovations" which is
defined as "policing technique or strategy designed to reduce crime by reducing opportunities
for, and increasing the perceived risks of engaging in, criminal activity through visible presence
of police in the community, including, but not limited to, community mobilization, neighborhood
block watch, citizen patrol, citizen contact patrol, foot patrol, neighborhood storefront police
stations, field interrogation, or intensified motorized patrol;" and
Page 5 of 7
Packet Pg. 60
5.5
WHEREAS, Section 163.387(1)(a), Florida Statutes, states that redevelopment trust
funds "shall be used by the agency to finance or refinance any community redevelopment it
undertakes pursuant to the approved community redevelopment plan;" and
WHEREAS, Section 163.387(6)(h), Florida Statutes, states "[m]oneys in the
redevelopment trust fund may be expended from time to time for undertakings of a community
redevelopment agency as described in the community redevelopment plan for ... [t]he
development of `community policing innovations';" and
WHEREAS, the Plan at page 128, states that the CRA shall be empowered "to establish,
implement, and fund community policing innovations" and has incorporated therein the statutory
definition of community policing innovations, stated above, at page 135 of the Plan; and
WHEREAS, Section 2, Goal 6, at page 11, of the Plan lists the "[i]mproving quality of life
for residents of the Redevelopment Area", as a stated redevelopment goal; and
WHEREAS, Section 2, Principle 5, at page 14, of the Plan provides that "[w]alking within
the neighborhood must be accessible, safe, and pleasant" as a stated redevelopment principal;
and
WHEREAS, Section 2, Principle 1, at Page 14 of the Plan states that "walkability" is "a
key component of the vibrant and healthy neighborhood;" and
WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-15-0011, CRA-R-
15-0057, and CRA-R-17-0004 has previously authorized grants to the City of Miami to
enhanced policing services within the Southeast Overtown/Park West Redevelopment Area
("Program"); and
WHEREAS, the CRA now seeks to provide a grant to the City to continue the Program
for fiscal year 2017-2018; and
WHEREAS, the Board of Commissioners wish to authorize a grant, in an amount not to
exceed $750,000, to the City to underwrite costs associated with enhanced policing services
within the Redevelopment Area; and
WHEREAS, the Board of Commissioners finds that the adoption of this Resolution would
further the aforementioned redevelopment 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 $750,000, to the City of Miami to underwrite costs associated with enhanced policing
services within the Redevelopment Area.
Section 3. 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.
Page 6 of 7
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5.5
Section 4. The Executive Director is authorized to execute all documents necessary
for said purpose.
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 ee Jadusingh, Staff Counsel
10/23/2017
Page 7 of 7
Packet Pg. 62
5.6
SEOPW Board of Commissioners Meeting
October 30, 2017
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
INTER -OFFICE MEMORANDUM
To: Board Chair Keon Hardemon Date: October 17, 2017 File: 3132
and Members of the CRA Board
From: Clarence E. Woods, III
Executive Director
Subject: Resolution Authorizing Grant to Miami -
Dade College for Hospitality and
Culinary Institute
Enclosures: File # 3132 Backup
BACKGROUND:
The attached Resolution of the Board of Commissioners of the Southeast Overtown/Park West
Community Redevelopment Agency ("CRA") authorizes an amendment to the grant terms authorized by
CRA-R-13-0066.
On October 24, 2013, the Board of Commissioners, by Resolution No. CRA-R-13-0066, authorized the
issuance of a grant, in an amount not to exceed $900,000, to Miami -Dade College ("MDC") for the
operation of the Hospitality and Culinary Institute ("Institute") at the Overtown Performing Arts Center
(formerly the Ebenezer Church), 1074 NW 3rd Avenue, Miami Florida ("Property"), for a four-year period,
in an amount not to exceed $225,000 per year, provided that said grant only be available to MDC upon
reimbursement of funds from the U.S. Department of Commerce, Economic Development Administration'
("EDA"). The purpose of the grant award from the EDA was to assist with adaptive re -use and
rehabilitation of the Property to provide hospitality and culinary training services at the Property ("EDA
Award"). The underlying mission of the CRA in approving this grant was also to train the community by
creating skilled jobs and employment opportunities within the community to help fill an in -demand skill set
for hospitality workers which exists as a need in the local economy.
Since the CRA received the EDA Award, the CRA and MDC have had several discussions about MDC
moving the Institute to a new location within the Redevelopment Area with the continued support of the
CRA and being removed as a co -recipient of the EDA Award. Thus, this Resolution seeks to authorize
the issuance of a grant, in an amount not to exceed $900,000, to MDC for the operation of the Institute at
a new location within the Redevelopment Area, for a four-year period, in an amount not to exceed
$225,000 per year, subject, however, to the EDA amending the EDA Award to the remove MDC as a co -
recipient.
The CRA and MDC also executed a revocable license in connection with MDC's use of the Property.
This Resolution also authorizes the Executive Director to terminate said revocable license considering
MDC operating the Institute at another location. With your approval, the termination will be effectuated
administratively in accordance with the applicable provisions of the revocable license.
1 Resolution accepting grant funds in an amount not to exceed $900,000 from the U.S. Department of Commerce,
Economic Development Administration: CRA-R-13-0064/EDA Award No. 04-79-06827.
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5.6
JUSTIFICATION:
Section 2, Goals 4 and 6, at page 11, of the Southeast Overtown/Park West Community Redevelopment
Agency Plan ("Plan") lists the "creation {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:
$900,000 allocated from SEOPW Tax Increment Fund, entitled "Other Grants and Aids" Account No.
10050.920101.883000.0000.00000.
Page 2 of 7
Packet Pg. 64
5.6
AGENDA ITEM
FINANCIAL INFORMATION FORM
SEOPW CRA
CRA Board Meeting Date: October 30, 2017
CRA Section:
Brief description of CRA Agenda Item:
Authorizing a grant, in an amount not exceed $900,000, to Miami Dade College to
underwrite costs associated with the operation of the Hospitality and Culinary Institute at
a location within the redevelopment area, for a four year period in an amount not to
exceed $225,000 per year.
Project Number (if applicable):
YES, there are sufficient funds in Line Item:
Account Code: 10050.920101.883000.0000.00000 Amount: $ 90 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: Funds derived from EDA award in the amount of $900,000, already
reimbursed to the SEOPW CRA relating to the build out the property located at 300 NW
11 th Street.
Page 3 of 7
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5.6
Approved by:
Clare ..,d E. v�oods, xecutive Director 10/17/2017
Approval:
Miguel A ValcntiFriarice Officer 10/17/2017
Page 4 of 7
Packet Pg. 66
5.6
Southeast Overtown/Park West
Community Redevelopment Agency
File Type: CRA Resolution
Enactment Number:
File Number: 3132 Final Action Date:
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
AUTHORIZING GRANT, IN AN AMOUNT NOT TO EXCEED $900,000 , TO MIAMI
DADE COLLEGE ("MDC") TO UNDERWRITE COSTS ASSOCIATED WITH THE
OPERATION OF THE HOSPITALITY AND CULINARY INSTITUTE AT A LOCATION
WITHIN THE REDEVELOPMENT AREA, FOR A FOUR-YEAR PERIOD, IN AN
AMOUNT NOT TO EXCEED $225,000 PER YEAR, SUBJECT TO THE U.S.
DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION
AMENDING AWARD NO. 04-79-06827 TO REMOVE MDC AS A CO -RECIPIENT;
FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR OF THE CRA TO
TERMINATE A REVOCABLE LICENSE BY AND BETWEEN THE CRA AND MDC IN
CONNECTION WITH THE USE OF THE OVERTOWN PERFORMING ARTS CENTER
(FORMERLY THE EBENEZER CHURCH) 1074 NW 3RD AVENUE, MIAMI, FL;
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 "creation [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, on October 24, 2013, the Board of Commissioners, by Resolution No. CRA-
R-13-0066, authorized the issuance of a grant, in an amount not to exceed $900,000, to Miami -
Page 5 of 7
Packet Pg. 67
5.6
Dade College ("MDC") for the operation of the Hospitality and Culinary Institute ("Institute") at
the Overtown Performing Arts Center (formerly the Ebenezer Church), 1074 NW 3rd Avenue,
Miami Florida ("Property"), for a 4 year period, in an amount not to exceed $225,000 per year,
provided that said grant only be available to MDC upon reimbursement of funds from the U.S.
Department of Commerce, Economic Development Administration2 ("EDA"); and
WHEREAS, the purpose of the grant award from the EDA was to assist with adaptive re-
use and rehabilitation of the Property to provide hospitality and culinary training services ("EDA
Award"); and
WHEREAS, the CRA and MDC also executed a revocable license in connection with
MDC's use of the Property to allow MDC to provide the hospitality and culinary training services
therein; and
WHEREAS, since the CRA received the EDA Award, the CRA and MDC have had
several discussions about MDC moving the Institute a new location within the Redevelopment
Area with the continued support of the CRA and being removed as a co -recipient of the EDA
Award; and
WHEREAS, this Resolution seeks to authorize the issuance of a grant to MDC for the
operation of the Institute at a new location within the Redevelopment Area and seeks to
authorize the Executive Director to terminate the revocable license at the Property in light of
MDC now operating the Institute at another location; and
WHEREAS, the Board of Commissioners has previously provided grant assistance to
MDC and intends to continue supporting the Institute; and
WHEREAS, the Board of Commissioners wish to authorize a grant, in an amount not to
exceed $900,000, to MDC for the operation of the Institute at a new location within the
Redevelopment Area, for a four-year period, in an amount not to exceed $225,000 per year,
subject, as a condition precedent to disbursement, to the EDA amending EDA Award No. 04-79-
06827 to the remove MDC as a co -recipient; and
WHEREAS, the Board of Commissioners wish to further authorize the Executive Director
of the CRA to terminate the revocable license by and between the CRA and MDC in connection
with the Property; 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 $900,000, to Miami Dade College ("MDC") for the operation of the Hospitality and
z CRA-R-13-0064 - Resolution accepting grant funds in an amount not to exceed $900,000 from the U.S.
Department of Commerce, Economic Development Administration (EDA Award No. 04-79-06827).
Page 6 of 7
Packet Pg. 68
5.6
Culinary Institute at a new location within the Redevelopment Area, for a four-year period, in an
amount not to exceed $225,000 per year, subject to the EDA amending EDA Award No. 04-79-
06827 to the remove MDC as a co -recipient.
Section 3. The Board of Commissioners hereby authorizes the Executive Director of
the CRA to terminate the revocable license at the Property by and between the CRA and MDC
in connection with the Property.
Section 4. The Executive Director is authorized to execute all documents necessary
for said purpose.
Section 5. The Executive Director is authorized to disburse funds, at his discretion,
on a reimbursement basis or directly to vendors, upon presentation of sufficiently detailed
invoices and satisfactory documentation.
Section 6. Funds are to be allocated from SEOPW Tax Increment Fund, entitled
"Other Grants and Aids," Account Code No. 10050.920101.883000.0000.00000.
Section 7. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Redee Jadusingh, Staff GoUnsel 16,23/2017
Page 7 of 7
Packet Pg. 69
5.6.a
Miami Dade
College
May 31, 2017
SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT AGENCY
Lyric Theater
819 NW 2nd Avenue (3rd Floor)
Miami, FL 33136
Attention: Mr. Clarence Woods, Executive Director
Re: Miami Dade College IHosp i ality Institute Grant Application 2017 - 2020
Attached, please see the following:
1. Grant Application 2017 - 2020 (requested grant amount of $900,000 / $225,000 per year
for four years / 2017 2020).
2. Grant Budget in the amount of $225,000 for 2017.
As previously discussed, we anticipate our grant application will be included on your June agenda.
Please feel free to contact me if you require any further information.
Yours truly,
A,
Shell S ith Fano, MS, Chair MDC
Miami International Hospitality Center
Miami Dade College
300 Northeast 2nd Avenue 3704-39
Miami, Florida 33132
Phone: 305-23 7-3 3 70 Fax: 305-2 3 7-7074
Email: efanoc mdc.edu
Hospitality Institute Executive Director
www.mdc.edu/hospitality-institute
Attachment: File # 3132 Backup (3132 : Resolution Authorizing Grant to Miami -Dade College for Hospitality and Culinary Institute)
245 N.W. Eighth Street, Miami, Florida, 33136.305-329-2845
Packet Pg. 70
5.6.a
Miami Dade
0111
College
Wolfson Campus
The Hospitality Institute
City of Miami
Southeast Overtown Park West Community Redevelopment Agency
Grant Application 2017 - 2020
A. APPLICANT INF RMATION
Entity Name: Miami Dade College International Hospitality Center
The Hospitality Institute
Address: 300 Northeast 2nd Avenue, Miami, Florida 33132
Contact Name: Shelly Fano
Title: Chair, Hospitality Management, Miami Dade College, Wolfson Campus
Phone: 305-237-3370
305-237-7074
Emaij; efano@mdc.edu
Description of Applicant:
() Individual
[) Corporation: For -Profit or Not -For -Profit
(X] Other: Institution of Higher Education
1. Has the applicant, or any related entity, previously received a grant from the CRA?
(X) Yes [) No
Attachment: File # 3132 Backup (3132 : Resolution Authorizing Grant to Miami -Dade College for Hospitality and Culinary Institute)
245 N.W. Eighth Street, Miami, Florida, 33136 •305-329-2845
Packet Pg. 71
5.6.a
If yes, please state the date the grant was received, and describe the purpose of the grant:
Date cycle: 12/2008 to 12/31/2009
Amount: $100,000
Purpose: For The Hospitality Institute Job Readiness Training and Job Placement Program
Resolution #: CRA-R-08-0046
Date cycle: 12/2009 to 12/2010
Amount: $165,000
Purpose: For The Hospitality Institute Job Readiness Training and Job Placement Program
Resolution #: CRA-R-10-0025
Date cycle: 01/01/2011 to 04/31/2011
Amount: $97,000
Purpose: For The Hospitality Institute Job Readiness Training and job Placement Program
Resolution #: CRA-R-10053
Date cycle: 5/01/2012 to 12/31/2012
Amount: $116,775
Purpose: For The Hospitality Institute Job Readiness Training and Job Placement Program
Resolution #: CRA-R-12-0014
Date cycle: 1/01/2013 to 12/31/2014
Amount: $50,000
Purpose: For The Hospitality Institute Job Readiness Training and Job Placement Program
Resolution #: CRA-R-13-01212
Date cycle: 12/29/2014 to 12/31/2015
Amount: $200,000
Purpose: For The Hospitality Institute Job Readiness Training and Job Placement Program
Resolution #: CRA-R-14-0071
Date cycle: 01/01/2016 to 12/31/2016
Amount: $165,000
Purpose: For The Hospitality Institute Job Readiness Training and Job Placement Program
Resolution #: CRA-R-16-0023
2. Is the applicant, or any related entity, in default of any agreement with the CRA, the City of
Miami, or Miami -Dade County? If yes, please explain.
()1 Yes (X) No
3. Has the applicant, or any related entity, ever been disbarred from doing business with the
City of Miami, or Miami -Dade County?
()Yes (X)No
Attachment: File # 3132 Backup (3132 : Resolution Authorizing Grant to Miami -Dade College for Hospitality and Culinary Institute)
245 N.W. Eighth Street, Miami, Florida, 33136.305-329-2845
Packet Pg. 72
5.6.a
B. GRANT PROPOSAL
*The completion of the following information does not satisfy the applicant's obligation to
submit a formal proposal with a budget.
Requested Grant Amount:
Which Redevelopment area will
the grant benefit?
How will the grant benefit the CRA
Redevelopment area?
$900,000.00 (nine hundred thousand dollars /
$225,000.00 per year for four years)
2017 - $225,000 2019 - $225,000
2018 - $225,000 2020 - $225,000
Southeast Overtown / Park West
Workforce training, certifications, and employment
opportunities for residents of the SEOPW
Is a formal proposal with budget (X) Yes* () No
attached?
*The 2017 budget is attached and a budget for each subsequent year will be submitted on an
annual basis.
C. REPRESENTATIVES OF APPLICANT
The applicant agrees to:
1. Comply with federal, state, and local rules and regulations with respect to use of the Grant.
2. Cooperate fully with the CRA in implementing the terms and conditions of the Grant.
3. Provide the CRA with periodic status reports.
4. Promptly accommodate any CRA request for information with respect to the Grant.
5. Applicant is aware of the conflict of interest laws of the City of Miami (Code of the City of
Miami, Florida, Chapter 2, Article V) of the Miami -Dade County, Florida (Code of Miami -
Dade County, Florida, Section 2-11.1) and of the State of Florida (as set forth in Florida
Statutes) and agrees that it will fully comply in all respects with the terms of said laws and
any future agreements.
6. Applicant covenants that no person or entity under its employ, presently exercising
functions or responsibilities in connection with this grant, has any personal financial
interests, direct or indirect, with the City of Miami or the Community Redevelopment
Agencies.
7. Applicant further covenants that, in performance of this Grant, no person or entity having
such conflicting interest shall be utilized in respect to the Grant. Any such conflict of
interest(s) on the part of the applicant, its employees or associated persons or entities,
must be disclosed in writing to the CRA.
Attachment: File # 3132 Backup (3132 : Resolution Authorizing Grant to Miami -Dade College for Hospitality and Culinary Institute)
245 N.W. Eighth Street, Miami, Florida, 33136 •305-329-2$45
Packet Pg. 73
5.6.a
By signing, I certify that the information contained herein is true, complete and accurate to the
best of my knowledge.
Should any of the representations made herein change, I hereby acknowledge my obligation to
immediately notify the CRA and update those representations.
Applicant's Signature:
Print Name:
Title:
Date:
Lenore Rodicio
Executive Vice President and Provost, Miami Dade College
v o
Month Day Year
Attachment: File # 3132 Backup (3132 : Resolution Authorizing Grant to Miami -Dade College for Hospitality and Culinary Institute)
245 N.W. Eighth Street, Miami, Florida, 33136 .305-329-2845
Packet Pg. 74
SL '6d 49)13ed
The Hospitality Institute Job Readiness Training and Outreach Center
Southeast Overtown J Park West Community Redevelopment Agency Budget 2017
Site and Equipment
Overtown Rent
Telecommunications
Office and IT Equipment
Maintenance
Grant Coordinator
Fringe Benefits
Recruit/Train Specialist
Fringe Benefits
Instructors
Instructors
Fringe Benefits
Training Consultant
Description Amount
$1200 mth x 12 $14,400.00
$3,600.00
$32 hourly rate
Totals
Materials & Supplies
Office Supplies
Promotional materials
Totals
$3,000.00
$2,000.00
$3,500.00
$51.00
$900.00
$4,451.00
$5,000.00
$5,000.00
$10,000.00
Total Expenses
$225,000.00 1
Workshop/Participant Costs
Safe Staff Certification
Job Readiness Hospitality
Youth Program
Totals
Descrii . 'on
$8 per Participant
Lunches, Coffee etc
Amount
$2,400.00
$6,009.00
Materials, Lunches etc
$5,000.00
2 Part -Time Office Assistants
Fringe Benefits
Outreach Consultant
(Agreement for Services)
Totals
Other
Mileage & Transportation
Association Memberships & Meetings
$12 hy25 hrs wk/50 wks
$13,409.00
$30,000.00
$435.00
$14 hr/25 hrs wk/50 wks
$17,500.00
$47,935.00
Totals
$200.00
$2,300.00
$2,500.00
Attachment: File # 3132 Backup (3132 : Resolution Authorizing Grant to Miami -Dade College for Hospitality and Culinary Institute)
5.6.a
SEOPW Board of Commissioners Special Meeting
October 24, 2013
SOUTHEAST OVERTOWNIPARK WEST
COMMUNITY REDEVELOPMENT AGENCY
INTER -OFFICE MEMORANDUM
To: Board Chair Michelle Spence -Jones
and Members of the CRA Board
From: Clarence E. Woods, III
Executive Director
Date: October 18, 2013 File: 13-01205
Subject: Resolution Authorizing Acceptance of EDA
Grant for Rehabilitation of Historic Ebenezer
Church.
References:
Enclosures: Supporting Documentation; Legislation
BACKGROUND:
The attached Resolution of the Board of Commissioners of the Southeast Overtown/Park West Community
Redevelopment Agency ("CRA") accepts funds, in an amount not to exceed $900,000, consisting of a grant
award from the U.S. Department of Commerce's Economic Development Administration for the adaptive re -use
and rehabilitation of the historic Ebenezer Church, 300 NW 11 Street, Miami, Florida ("site").
Through grant support from the CRA, Miami Dade College ("MDC") operates the Hospitality Institute, which
provides training and employment opportunities to residents of the Redevelopment Area. MDC has expanded
the Hospitality Institute to include culinary arts training; however, MDC is in need of dedicated space to operate
the expanded programming.
To assist MDC with its expansion, the CRA has agreed to allow the Hospitality Institute to operate at the site,
but the site is in need of being rehabilitated. In an effort to assist the CRA with leveraging its funding support of
the Hospitality Institute, the CRA applied for a grant in the amount of $900,000.00 from the U.S. Department of
Commerce's Economic Development Administration ("EDA") for the adaptive re -use and rehabilitation of the
site. The application also required participation by MDC, and the City of Miami ("City"), given that the CRA is
one of its agencies.
On October 1, 2013, EDA awarded a grant, in an amount not to exceed $900,000.00 for the adaptive re -use and
rehabilitation of the site ("grant award"), and requires the City and the CRA to accept the award within thirty (30)
days. Acceptance of this grant award would enable the CRA to rehabilitate the site and allow MDC to continue
its expanded programming.
JUSTIFICATION:
Section 163.370(2)(g), Florida Statutes, allows a community redevelopment agency to to borrow money and to
apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the
Federal Government."
Section 2, Goal 1, at page 11, of the 2009 Southeast Overtown/Park West Community Redevelopment Plan
("Plan") provides for the preservation of historic buildings and community heritage as a stated redevelopment
goal. The Plan, at pages 89 — 90, also describes the Ebenezer Church, 300 NW 11 Street, Miami, Florida
("site"), as being historically significant, and encourages the renovation of such buildings throughout the
Redevelopment Area.
FUNDING:
This Resolution does not commit funding.
Attachment: File # 3132 Backup (3132 : Resolution Authorizing Grant to Miami -Dade College for Hospitality and Culinary Institute)
Packet Pg. 76
5.6.a
City of Miami
Legislation
CRA Resolution: CRA-R-13-0064
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01205
Final Action Date: 10/24/2013
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ACCEPTING
FUNDS, IN AN AMOUNT NOT TO EXCEED $900,000, CONSISTING OF A GRANT
AWARD FROM THE U.S. DEPARTMENT OF COMMERCE'S ECONOMIC
DEVELOPMENT ADMINISTRATION FOR THE ADAPTIVE RE -USE OF AND
REHABILITATION OF THE HISTORIC EBENEZER CHURCH, 300 NW 11 STREET,
MIAMI, FLORIDA; RATIFYING THE EXECUTIVE DIRECTORS EXECUTION OF
THE FINANCIAL ASSISTANCE AWARD AGREEMENT ATTACHED HERETO;
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL OTHER
AMENDMENTS, EXTENSIONS, MODIFICATIONS, AND OTHER NECESSARY
DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND
COMPLIANCE WITH SAID GRANT AWARD.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA")
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 163.370(2)(g), Florida Statutes, allows a community redevelopment
agency to "to borrow money and to apply for and accept advances, loans, grants, contributions, and
any other form of financial assistance from the Federal Government;" and
WHEREAS, Section 2, Goal 1, at page 11, of the Plan, provides for the preservation of historic
buildings and community heritage as a stated redevelopment goal; and
WHEREAS, the Plan, at pages 89 - 90, describes the Ebenezer Church, 300 NW 11 Street,
Miami, Florida ("site"), as being historically significant, and encourages the renovation of such
buildings throughout the Redevelopment Area; and
WHEREAS, through grant support from the CRA, Miami Dade College operates the Hospitality
Institute, which provides training and employment opportunities to residents of the Redevelopment
Area; and
WHEREAS, Miami Dade College has expanded the Hospitality Institute to include culinary arts
training; however, Miami Dade College is in need of dedicated space to operate the expanded
programming; and
WHEREAS, to assist Miami Dade College with its expansion, the CRA has agreed to allow the
Hospitality Institute to operate at the site, but the site is in need of being rehabilitated; and
WHEREAS, in an effort to assist the CRA with leveraging its funding support of the Hospitality
Institute, the CRA applied for a grant in the amount of $900,000.00 from the U.S. Department of
Attachment: File # 3132 Backup (3132 : Resolution Authorizing Grant to Miami -Dade College for Hospitality and Culinary Institute)
City of Miami Page 1 of 2
File Id: 13-01205 (Version: 1) Printed On: 12/2/2013
Packet Pg. 77
File Number: 13-01205
5.6.a
Enactment Number: CRA-R-13-0064
Commerce's Economic Development Administration ("EDA") for the adaptive re -use and rehabilitation
of the site; and
WHEREAS, the application also required participation by Miami Dade College, and the City of
Miami ("City"), given that the CRA is one of its agencies; and
WHEREAS, on October 1, 2013, EDA awarded a grant, in an amount not to exceed
$900,000.00 for the for the adaptive re -use and rehabilitation of the site ("grant award"), and requires
the City and the CRA to accept the award within thirty (30) days; and
WHEREAS, the Board of Commissioners wishes to accept the award, wishes to ratify the
Executive Director's execution of the Financial Assistant Award Agreement attached hereto, and
authorizes the Executive Director to execute all other amendments, extensions, modifications, and
other necessary documents in order to implement the acceptance of and compliance with said grant
award; and
WHEREAS, the Board of Commissioners finds that the acceptance of the grant award for the
purposes set forth above 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 accepts funds, in an amount not to exceed
$900,000, consisting of a grant award from the U.S. Department of Commerce's Economic
Development Administration for the adaptive re -use of and rehabilitation of the historic Ebenezer
Church, 300 NW 11 Street, Miami, Florida ("grant award").
Section 3. The Board of Commissioners ratifies the Executive Director's execution of the
Financial Assistance Award Agreement attached hereto.
Section 4. The Executive Director is authorized to execute all other amendments,
extensions, modifications, and other necessary documents in order to implement the acceptance of
and compliance with said grant award.
Section 5. 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 6. This Resolution shall become effective immediately upon its adoption.
Attachment: File # 3132 Backup (3132 : Resolution Authorizing Grant to Miami -Dade College for Hospitality and Culinary Institute)
City of Miami Page 2 of 2
File Id: 13-01205 (Version: 1) Printed On: 12/2/2013
Packet Pg. 78
5.6.a
SEP 2 5 2013
UNITED STATES DEPARTMENT OF COMMERCE
Economic Development Administration
Atlanta Regional Office
Suite 1820
401 West Peachtree St., N.W.
Atlanta, Georgia 30308-3510
In reply refer to:
Investment No. 04-79-06827
Mr. Clarence Woods
Executive Director
Southeast Overtown/Park West Community Redevelopment
1490 NW 3rd Avenue, Suite 105
Miami, Florida 33136
and
Mr. Johnny Martinez
City Manager
City of Miami
444 S.W. 2nd Avenue
Miami, Florida 33130
and
Dr. Rolando Montoya
College Provost
Miami Dade College
300 NE 2nd Avenue
Miami, Florida 33132
Dear Gentlemen:
I am pleased to inform you that the Department of Commerce's Economic Development
Administration-(EDA) has approved your application for a $900,000 EDA investment to encompass the
adaptive re -use and rehabilitation of an historic former church building to accommodate the newly
expanded Hospitality and Culinary Institute.
Enclosed are two signed copies of the Financial Assistance Award. Your agreement to the terms
and conditions of the award should be indicated by the signature of your principal official on each of the
signed copies of the Financial Assistance Award. One of the executed copies should be returned to
H. Philip Paradice, Jr., Regional Director, Atlanta Regional Office, Economic Development
Administration, 401 West Peachtree Street, N.W, Suite 1820, Atlanta, Georgia 30308-3510. If not signed
and returned within 30 days of receipt, EDA may declare the Award null and void.
Please do not make any commitments in reliance on this award until you have carefully reviewed
and accepted the terms and conditions. Any commitments entered into prior to obtaining the approval of
EDA in accordance with its regulations and requirements will be at your own risk.
EDA's mission is to lead the federal economic development agenda by promoting innovation and
competitiveness, preparing American regions for growth and success in the worldwide economy. EDA
implements this mission by making strategic investments in the nation's most economically distressed
communities that encourage private sector collaboration and creation ofhigher-skill, higher wage jobs.
EDA investments are results driven, embracing the principles of technological innovation,
entrepreneurship and regional development.
Attachment: File # 3132 Backup (3132 : Resolution Authorizing Grant to Miami -Dade College for Hospitality and Culinary Institute)
Packet Pg. 79
Mr. Clarence Woods
Mr. Johnny Martinez
Dr. Rolando Montoya
Page Two
I share your expectations regarding the impact of this investment and look forward to working
with you to meet the economic development needs of your community.
- H. Philip Paradice, Jr-.
Regional Director
Enclosures: Form CD-450 Financial Assistance Award (2)
Exhibit A — Special Award Conditions
Attachment No. 1— Form ED-508 Budget
EDA Standard Terms and Conditions for Construction Projects, dated March 12, 2013
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5.6.a
Clar
TYPED
FORM CD-450 U.S. DEPARTMENT OF COMMERCE
13)
RECIPIENT NAME
FINANCIAL ASSISTANCE AWARD
Southeast OvertownlPark West Community Redevelopment Agency
STREET ADDRESS
1490 NW 3rd Avenue, Suite 105
CITY, STATE, ZIP CODE
Miami, Florida 33136
RECIPIENT NAME
City of Miami
STREET ADDRESS
444 S.W. 2nd Avenue
CITY, STATE, ZIP CODE
Miami, Florida 33130
(REV, 3-
E GRANT ❑COOPERATIVE AGREEMENT
AWARD PERIOD
45 months after date of EDA approval
AWARD NUMBER
04-79-06827
FEDERAL SHARE OF COST
$ 900,000.00
RECIPIENT SHARE OF COST
$ 1,069,437.00
TOTAL ESTIMATED COST
RECIPIENT NAME
Miami Dade College
STREET ADDRESS
300 NE 2nd Avenue
CITY, STATE, ZIP CODE
Miami, Florida 33132
AUTHORITY
1,969,437.00
Public Works and Economic Development Act of 1965, as amended (42 U.S.C. § 3121 et seq.)
CFDA NO. AND PROJECT TITLE
11.307 Economic Adjustment / Building Rehabilitation
BUREAU
20
FUND
40
FCFY PROJECT -TASK
13 0406827-000
ORGANIZATION
04
OBJECT CLASS
This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal funding.l By signing the three
documents, the Recipient agrees to comply with the Award provisions checked below and attached. Upon acceptance by the Recipient,
two signed Award documents shall be returned to the Grants Officer and the third document shall be retained by the Recipient. If not
signed and returned without modification by the Recipient within 30 days of receipt, the Grants Officer may unilaterally terminate this
Award.
❑ Department of Commerce Financial Assistance Standard Terms and Conditions
E Special Award Conditions (see Exhibit A)
E Line Item Budget (Attachment No. 1)
15 CFR Part 14, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, Other Nonprofit, and Commercial Organizations
• 15 CFR Part 24, Uniform Administrative Requirements for Grants and Agreements to State and Local
Governments
E3 OMB Circular A-21, Cost Principles for Educational Institutions
E OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments
❑ OMB Circular A-122, Cost Principles for Nonprofit Organizations
0 48 CFR Part 31, Contract Cost Principles and Procedures
M OMB Circular A-133, Audits of States, Local Governments, and Nonprofit Organizations
Other(s): EDA Standard Terms and Conditions for Construction Projects, dated March 12, 2013
SIGNATURE OF PARTMENT OF C.,, ,. r GRANTS OFFICER TITLE
H. Phill
TYPED NAM D SIGNATURE OF AUTHORIZED
ncy,YPa
RECIPIENT • ^ICIAL
'_
i
11,7
ND SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL
E AND SIGNATURE OF AUTHORIZED REC TENT OFFICIAL
Dr. Rolando Monto
ADMINISTRATION ELECTRONIC FORM
Director, Atlanta Regional
TITLE
Executive Director, Southeast Overtown/Park
West Community Redevelopment
TITLE
City Manager, City of Miami
TITLE
College Provost, Miami Dade College
DATE
7/�//3
DATE
/01//5
DA
DATE
`%A zi—
P
Attachment: File # 3132 Backup (3132 : Resolution Authorizing Grant to Miami -Dade College for Hospitality and Culinary Institute)
acket Pg. 81
5.6.a
SEOPW Board of Commissioners Special Meeting
October 24, 2013
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
INTER -OFFICE MEMORANDUM
To: Board Chair Michelle Spence -Jones Date: October 18, 2013 File: 13-01212
and Members of the CRA Board
From: Clarence E. Woods, III
Executive Director
G,)
Subject: Resolution Authorizing Grant to Miami Dade
College for Hospitality and Culinary Institute.
References:
Enclosures: Supporting Documentation; Legislation
BACKGROUND:
The attached Resolution of the Board of Commissioners of the Southeast Overtown/Park West Community
Redevelopment Agency ("CRA") authorizes the issuance of a grant, in an amount not to exceed $50,000, to
Miami Dade College ("MDC") to underwrite costs associated with the current operation of the Hospitality and
Culinary Institute ("Institute"). This Resolution also authorizes the issuance of an additional grant, in an amount
not to exceed $900,000, to MDC for operation of the Institute at the Ebenezer Church, 300 NW 11 Street,
Miami, Florida ("site"), for a four-year period, in an amount not to exceed $225,000 per year, provided that said
additional grant only be available to MDC upon reimbursement of funds from the U.S. Department of
Commerce's Economic Development Administration in connection with the adaptive re -use and rehabilitation of
the site.
MDC began operating a program that offered job training and employment opportunities in the hospitality
industry to residents of the Redevelopment Area. Recently, MDC has expanded its operations to include the
provision of culinary arts training (collectively "Hospitality and Culinary Institute"). The Board of Commissioners
has previously provided grant assistance to MDC for the Institute, as authorized by Resolution Nos. CRA-R-
CRA-R-10-0025, CRA-R-10-0059, CRA-R-11-0053, CRA-R-12-0014, and CRA-R-13-0006.
Given the success and expansion of the Hospitality and Culinary Institute, MDC is in need of dedicated space
for its operation. The CRA currently owns the historic Ebenezer Church, 300 NW 11 Street, Miami, Florida
("site"), and wishes to see the site actively programmed. However, while the CRA has agreed to allow the
Hospitality and Culinary Institute to operate at the site, the site is in need of rehabilitation. In turn, the CRA, with
the assistance of the City of Miami and MDC, applied for a grant in the amount of $900,000, from the U.S.
Department of Commerce's Economic Development Administration ("EDA"), for the adaptive re -use and
rehabilitation of the site. EDA issued a grant award to the CRA on October 1, 2013, which acceptance of said
grant award is also being considered by the Board during its special meeting on October 24' 2013.
MDC has requested assistance with continuing its programming of the Hospitality and Culinary Institute, and its
anticipated expansion onto the site. This Resolution would enable MDC to receive $50,000 in grants funds to
continue its current operations. The disbursement of EDA's grant award to the CRA is on a reimbursement
basis. As such, the disbursement of the additional grant funds would only occur upon reimbursement from EDA
for the costs associated with rehabilitation of the site. Moreover, the disbursement of additional grant funds
would occur over a four-year period, which would enable MDC to strategically plan for future operations, and
identify and apply for other sources of revenue.
JUSTIFICATION:
Section 2, Goals 4 and 6, at page 11, of the 2009 Southeast Overtown/Park West Community Redevelopment
Plan ("Plan") lists the "creati[on ofj jobs within the community," as well as "improving the quality of life for
residents" as stated redevelopment goals.
Attachment: File # 3132 Backup (3132 : Resolution Authorizing Grant to Miami -Dade College for Hospitality and Culinary Institut
Packet Pg. 82
5.6.a
FUNDING:
$50,000 are to be allocated from SEOPW Tax Increment Fund, entitled "Other Grants and Aids" Account Code
No. 10050.920101.883000.0000.00000. $900,000 to be allocated from the same tax increment fund upon
reimbursement of funds from EDA.
Attachment: File # 3132 Backup (3132 : Resolution Authorizing Grant to Miami -Dade College for Hospitality and Culinary Institute)
Packet Pg. 83
5.6.a
City of Miami
Legislation
CRA Resolution: CRA-R-13-0066
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01212
Final Action Date: 10/24/2013
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
AUTHORIZING ISSUANCE OF A GRANT, IN AN AMOUNT NOT TO EXCEED
$50,000, TO MIAMI DADE COLLEGE ("MDC") TO UNDERWRITE COSTS
ASSOCIATED WITH THE CURRENT OPERATION OF THE HOSPITALITY AND
CULINARY INSTITUTE ("INSTITUTE"); FURTHER AUTHORIZING THE ISSUANCE
OF AN ADDITIONAL GRANT, IN AN AMOUNT NOT TO EXCEED $900,000, TO MDC
FOR OPERATION OF THE INSTITUTE AT THE EBENEZER CHURCH, 300 NW 11
STREET, MIAMI, FLORIDA ("SITE"), FOR A FOUR-YEAR PERIOD, IN AN AMOUNT
NOT TO EXCEED $225,000 PER YEAR, PROVIDED THAT SAID ADDITIONAL
GRANT ONLY BE AVAILABLE TO MDC UPON REIMBURSEMENT OF FUNDS
FROM THE U.S. DEPARTMENT OF COMMERCE'S ECONOMIC DEVELOPMENT
ADMINISTRATION IN CONNECTION WITH THE ADAPTIVE RE -USE AND
REHABILITATION OF THE SITE; 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 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 the "improving the quality of life for residents," as a stated redevelopment goals;
and
WHEREAS, the Miami Dade College ("MDC") originally offered job training and employment
opportunities in the hospitality industry to residents of the Redevelopment Area , and has expanded its
operations to include the provision of culinary arts training (collectively "Hospitality and Culinary
Institute"); and
WHEREAS, the Board of Commissioners has previously supported the Hospitality and Culinary
Institute; and
WHEREAS, given the success and expansion of the Hospitality and Culinary Institute, Miami
Dade College is in need of dedicated space to continue its operation; and
Attachment: File # 3132 Backup (3132 : Resolution Authorizing Grant to Miami -Dade College for Hospitality and Culinary Institute)
City of Miami Page 1 of 3
File Id: 13-01212 (Version: 1) Printed On: 12/2/2013
Packet Pg. 84
File Number: 13-01212
5.6.a
Enactment Number: CRA-R-13-0066
WHEREAS, to assist MDC with its expansion, the CRA has agreed to allow the Hospitality and
Culinary Institute to operate at the historic Ebenezer Church, 300 NW 11 Street, Miami, Florida ("site"),
but the site is in need of being rehabilitated; and
WHEREAS, on October 1, 2013, U.S. Department of Commerce's Economic Development
Administration ("EDA") awarded a grant, in an amount not to exceed $900,000.00, to the CRA for the
adaptive re -use and rehabilitation of the site; and
WHEREAS, disbursement of EDA's grant award to the CRA is on a reimbursement basis; and
WHEREAS, MDC has requested assistance with continuing its programming, and its
anticipated expansion onto the site; and
WHEREAS, the Board of Commissioners wishes to authorize the issuance of a grant, in an
amount not to exceed $50,000, to MDC to underwrite costs associated with the current operation of
the Hospitality and Culinary Institute; and
WHEREAS, the Board of Commissioners wishes to further authorize the issuance of an
additional grant, in an amount not to exceed $900,000, to MDC for the operation of the Hospitality and
Culinary Institute at the site, over a four-year period, in an amount not to exceed $225,000 per year,
provided that said additional grant only be available to MDC upon reimbursement of funds from EDA;
and
WHEREAS, the Board of Commissioners finds that the issuance of this grant for the purposes
set forth above 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 the issuance of a grant, in an
amount not to exceed $50,000, to Miami Dade College ("MDC") to underwrite costs associated with
the current operation of the Hospitality and Culinary Institute.
Section 3. The Board of Commissioners further authorizes the issuance of an additional
grant, in an amount not to exceed $900,000, to MDC for the operation of the Hospitality and Culinary
Institute at the historic Ebenezer Church, 300 NW 11 Street, Miami, Florida, over a four-year period, in
an amount not to exceed $225,000 per year, provided that said additional grant only be available to
MDC upon reimbursement of funds from the U.S. Department of Commerce's Economic Development
Administration.
Section 4. The Executive Director is authorized to execute all documents necessary for
said purpose.
Section 5. 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.
Attachment: File # 3132 Backup (3132 : Resolution Authorizing Grant to Miami -Dade College for Hospitality and Culinary Institute)
City of Miami Page 2 of 3
File Id: 13-01212 (Version: 1) Printed On: 12/2/2013
Packet Pg. 85
File Number: 13-01212
5.6.a
Enactment Number: CRA-R-13-0066
Section 6. Funds are to be allocated from SEOPW Tax Increment Fund, entitled "Other
Grants and Aids," Account Code No. 10050.920101.883000.0000.00000.
Section 7. This Resolution shall become effective immediately upon its adoption.
Attachment: File # 3132 Backup (3132 : Resolution Authorizing Grant to Miami -Dade College for Hospitality and Culinary Institute)
City of Miami Page 3 of 3
File Id: 13-01212 (Version: 1) Printed On: 12/2/2013
Packet Pg. 86
5.6.a
REVOCABLE LICENSE AGREEMENT
THIS REVOCABLE LICENSE AGREEMENT (the "Agreement") is made as of this ,Zeday of
5epmbi' , 2013, by and between the SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created
pursuant to Section 163.356, Florida Statutes (the "CRA"), and the DISTRICT BOARD OF
TRUSTEES of MIAMI DADE COLLEGE, an educational institution and public entity of the
State of Florida (the "Licensee"). The effective date ("Effective Date") of the Agreement shall be
the date of the issuance of a temporary Certificate of Occupancy for the Property by the City of
Miami.
RECITALS
A. WHEREAS, the CRA is the owner of property located at 300 NW 1 lth Street in
Miami, Florida, more specifically described in Exhibit "A" attached hereto and made a part
hereof (the "Property"); and
B. WHEREAS, Licensee currently operates the Hospitality and Culinary Institute
("Institute") in partnership with the CRA,.. which is an initiative aimed at promoting the creation
of employment opportunities for residents within the Southeast Overtown/Park West
Redevelopment Area; and
C. WHEREAS, in operating the Institute, the Licensee provides job training and job
placement for area residents in the hospitality related positions through year-round training
workshops in the area; and
D. WHEREAS, the Licensee has recently sought to expand the scope of the Institute
to include culinary training, customer service, interview skills, soft skills, financial literacy,
banquet set-up, and computer literacy skills to better assist individuals seeking employment
opportunities; and
E. WHEREAS, the CRA's support of the Institute is well documented, in that the
CRA has authorized annual grant funding for the Tnstitute's operations since 2010; and
F. WHEREAS, due to the Licensee' s expansion of the Institute to include additional
programming, the CRA seeks to grant a revocable license to Licensee for use of the Property to
accommodate the growth of the Institute; and
G. WHEREAS, Section 2, Goal 4, at page 11, of the 2009 Southeast Overtown/Park
West Redevelopment Plan (the "Plan") lists the "creati[on of] jobs within the community" as a
stated redevelopment goal; and
H. WHEREAS, Section 2, Goal 6, at page 11, of the Plan also lists "improving the
quality of life for residents," as a stated redevelopment goal; and
Page 1 of 11
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5.6.a
I. - WHEREAS, the grant of a revocable license serves a public purpose by furthering
the aforementioned redevelopment goals; and
J. WHEREAS, the CRA is willing to grant a revocable license to Licensee for use of
the Property for the Institute, and Licensee is willing to accept a revocable license to use the
Property for the Institute, as hereinafter provided; and
K. WHEREAS, this Agreement is contingent upon the CRA commencing and
sufficiently completing the improvements contemplated in U.S. Department of Commerce
Economic Development Administration Public Works and Development Facilities Funding
Agreement for Investment No. 04-79-06827 such that a temporary Certificate of Occupancy is
issued by the City of Miami for occupation of the Property.
NOW THEREFORE, in consideration of the mutual covenants set forth herein and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereby agree as follows:
1. RECITALS. The foregoing recitals are true and correct, and are hereby
incorporated herein and made a part of this Agreement.
2. GRANT OF REVOCABLE LICENSE. The CRA hereby grants to Licensee a
revocable license to utilize the Property for the operation of the Institute ("Permitted Use"),
subject to the terms of this Agreement. The use of the Property by the Licensee is strictly limited
to the operation of the Institute and the Property is not to be used by the Licensee for any other
purpose whatsoever.
3. AGREEMENT NOT A LEASE. This Agreement solely grants to Licensee a
revocable license for the Permitted Use of the Property and for no other purpose. The parties
hereby agree that the provisions of this Agreement do not constitute a lease. The rights of
Licensee hereunder are not those of a tenant, but are a mere personal privilege to do certain acts
of a temporary character on the Property and to use the Property for the Permitted Use only,
subject to the terms of this Agreement. The CRA retains dominion, possession and control of the
Property. Therefore, no lease interest in the Property is conferred upon Licensee under the
provisions hereof. Licensee does not and shall not claim at any time any interest or estate of any
kind or extent whatsoever in the Property by virtue of this Agreement or its use of the Property
hereunder. Additionally, Licensee does not and shall not claim at any time any interest or estate
of any kind or extent whatsoever in the Property by virtue of any expenditure of funds in
connection with the use of the Property.
4. TERM OF AGREEMENT AND USE PERIOD. This Agreement shall
commence on the Effective Date and shall continue on a month -to -month basis until the
cancellation or termination at will at any time by the CRA upon not less than thirty (30) days
written notice to the Licensee. This Agreement shall also terminate should the College cease its
use of the Property for the Institute.
Page 2 of 11
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5.6.a
5. - CONDITION OF THE PROPERTY AND MAINTENANCE. During the term of a�
this Agreement, Licensee shall, at its sole cost and expense, maintain the Property in good a
condition and repair and ensure the Property remains in a clean, safe and sanitary y
condition. Licensee shall promptly restore the Property to its original condition, prior to the use =
of the Property by Licensee, upon the termination of this Agreement unless otherwise agreed to ccs
in writing by the CRA's Executive Director. Licensee agrees that the CRA shall, under no -
circumstances, be liable for any latent, patent or other defects in the Property. ti
c
6. VIOLATIONS, LIENS, AND SECURITY INTERESTS. The Licensee shall not g,
suffer or permit any statutory, laborers, materialman, or mechanics' liens to be filed against the t a
Property by reason of work, labor, services, or materials supplied to the Licensee or anyone a
having a right to possession of the Property. Nothing in this Agreement shall be construed as o
constituting the consent or request of the CRA, expressed or implied, by inference or otherwise, _
to any contractor, subcontractor, laborer or material man for the performance of any labor or thecu
furnishing of any materials for any specific alteration, or repair of or to the Property nor as
giving the Licensee the right, power or authority to contract for or permit the rendering of any c
services or the furnishing of any materials that would give rise to the filing of any mechanics v
CD
liens against the Property. If any mechanics' lien shall at any lime be filed against the Property, a
the Licensee shall cause it to be discharged of record or transferred to appropriate bond within 9
thirty (30) days after the date the Licensee acquires knowledge of its filing. If the Licensee shall
fail to discharge a mechanics' lien or cause same to be transferred to bond within that period,
then in addition to any other right or remedy available to the CRA, the CRA may, but shall not
be obligated to, discharge the lien either by paying the amount claimed to be due or by
transferring same to appropriate bond. All amounts paid by the CRA shall be repaid to the CRA
by the Licensee immediately upon rendition of any invoice or bill by the CRA and shall bear =
interest at the maximum rate allowed by Florida law until repaid. Subject to the limits, 'N
limitations and provisions of Section 768.28, Florida Statutes, as may be amended, Licensee s
further agrees to hold CRA harmless from, and to indemnify and defend the CRA against, any 3
and all claims, demands and expenses, including attorney's fees and costs, by reason of any
claims of any contractor, subcontractor, materialman, laborer or any other third person with c
whom Licensee has contracted or otherwise is found liable for, in respect to the Property. °
0
d
7. CRA ACCESS TO PROPERTY. CRA and its authorized representative(s) shall
have access to the Property at all times to: (a) inspect the Property; (b) to perform any
obligations of Licensee under this Agreement which Licensee has failed to cure within ten (10)
days of receipt of written notice from the CRA; and (c) confirm Licensee's compliance with the a
terms and provisions of this Agreement and all applicable laws, ordinances, rules and Y
regulations. The CRA shall not be liable for any loss, cost or damage to the Licensee by reason m
of the exercise by the CRA of the right of entry described herein. The making of periodic
inspection or the failure to do so shall not operate to impose upon CRA any liability of any kind
whatsoever nor relieve the Licensee of any responsibility, obligations or liability under this
Agreement.
8. INSURANCE; LIABILITY; RELEASE. The parties acknowledge that the
Licensee is self -insured in accordance with, and subject to the limitations set forth in Section s
cts
Page 3 of 11
Packet Pg. 89
5.6.a
768.28, Florida Statutes. Licensee shall be responsible for insurance coverage in accordance
with Exhibit B, attached hereto and made a part hereof.
9. SAFETY. Licensee shall allow CRA inspectors, agents or representatives the
ability to monitor its compliance with safety precautions as required by federal, state or local
laws, rules, regulations and ordinances. By performing these inspections the CRA, its agents, or
representatives are not assuming any liability by virtue of these laws, rules, regulations and
ordinances. Licensee shall have no recourse against the CRA, its agents, or representatives from
the occurrence, non-occurrence or result of such inspection(s).
10. NOTICES. All notices or other communications which may be given pursuant to
this Agreement shall be in writing and shall be deemed properly served if delivered by personal
service or by certified mail addressed to CRA and Licensee at the address indicated herein or as
the same may be changed from time to time. Such notice shall be deemed given on the day on
which personally served; or if by certified mail, on the fifth day after being posted or the date of
actual receipt, whichever is earlier:
To CRA: Southeast Overtown/Park West Community Redevelopment Agency
1490 NW 3.1 Avenue, Suite 105
Miami, FL 33136
Attn: Clarence E. Woods, III
Executive Director
With copy to:
Jessica N. Pacheco, Esq., CRA Special Counsel
15800 Pines Boulevard, Suite 300
Pembroke Pines, FL 33027
To Licensee: Miami Dade College, Wolfson Campus
International Hospitality Center
300 N.E. 2°1 Avenue
Miami, FL 33131
Attn: Jose Vicente
Campus President
With copy to:
Carmen Dominguez, College Legal Counsel
300 N.E. 2nd Avenue, Room 1453
Miami, FL 33132
11. ADVERTISING. Licensee shall not permit any signs or advertising matter to be
placed either in the interior or upon the exterior of the Property without having first obtained the
approval of the CRA's Executive Director or his designee, which approval may be withheld for
any or no reason, at his sole discretion.
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12. HAZARDOUS MATERIALS. Licensee hereby agrees that Licensee and
Licensee's officers, directors, employees, representatives, agents, contractors, subcontractors, and
any other users of the Property (collectively referred to as "Licensee Representatives") shall not
use, generate, manufacture, refine, produce, process, store or dispose of, on, under or about the
Property or transport to or from the Property in the future for the purpose of generating,
manufacturing, refining, producing, storing, handling, transferring, processing or transporting
Hazardous Materials, except in compliance with all applicable Hazardous Materials
Laws. Furthermore, Licensee shall, at its own expense, procure, maintain in effect and comply
with all conditions of any and all permits, licenses and other governmental and regulatory
approvals required for the storage or use by Licensee or any of Licensee's Representatives of any
Hazardous Materials on the Property, including without limitation, discharge of (appropriately
treated) materials or wastes into or through any sanitary sewer serving the Property.
Each party hereto (for purposes of this Paragraph, "Notifying Party") shall immediately notify
the other party (the "Notice Recipient") in writing of: (a) any enforcement, cleanup, removal or
other governmental or regulatory action instituted, contemplated or threatened concerning the
Property pursuant to any Hazardous Materials Laws; (b) any claim made or threatened by any
person against the Notifying Party or the Property relating to damage contribution, cost recovery,
compensation, loss or injury resulting from or claimed to result from any Hazardous Materials on
or about the Property; and (c) any reports made to any environmental agency arising out of or in
connection with any Hazardous Materials in or removed from the Property including any
complaints, notices, warnings or asserted violations in connection therewith, all upon receipt by
the Notifying Party of actual knowledge of any of the foregoing matters. Notifying Party shall
also supply to Notice Recipient as promptly as possible, and in any event within five (5) business
days after Notifying Party first receives or sends the same, copies of all claims, reports,
complaints, notices, warnings or asserted violations relating in any way to the Property or
Licensee Representatives use thereof.
Subject to the limits, limitations and provisions of Section 768.28, Florida Statutes, as may be
amended, Licensee shall indemnify, defend, protect, and hold the CRA, employees, agents,
attorneys, shareholders, officers, directors, trustees, successors and assigns (collectively, the
CRA together with all of such persons and entities are hereinafter referred to as the "Indemnified
Parties"), free and harmless from and against any and all claims, actions, causes of action,
liabilities, penalties, forfeitures, damages, losses or expenses (including, without limitation,
attorneys' fees and costs through litigation and all appeals) or death of or injury to any person or
damage to any property whatsoever, arising from or caused in whole or in part, directly or
indirectly by (a) any contamination resulting from any act or omission of Licensee or Licensee's
Representatives (b) Licensee's failure to comply with any Hazardous Materials Laws with
respect to the Property, or (c) a breach of any covenant, warranty or representation of Licensee
under this Paragraph. Licensee's obligations hereunder shall include, without limitation, and
whether foreseeable or unforeseeable, all costs of any required or necessary repair, cleanup or
detoxification or decontamination of the Property, and the preparation and implementation of
any closure, remedial action or other required plans in connection therewith. For purposes of the
indemnity provisions hereof, any acts or omissions of Licensee, or Licensee's Representatives
(whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to
Licensee. The foregoing indemnity shall survive the termination of this Agreement.
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Nothing in this Agreement, including, but not limited to, the provisions of Paragraph 6 entitled
"Violations, Liens, and Security Interests," or this Paragraph 13 entitled "Hazardous Materials,"
shall require the Licensee to indemnify the Indemnitees from and against any loss, cost, claim,
liability, damage, or expense (including reasonable attorneys' fees) relating to or arising out of:
(i) the Indemnitees, its employees', or agents' sole negligence in the performance of this
Agreement; and (ii) the Indemnitees', its employees', or agents' breach of any provision of this
Agreement. Nothing contained herein shall obligate the Licensee to indemnify or in any way be
liable to pay to any person or entity any amount which exceeds the amount(s) for which the
Licensee could be held liable under the provisions of Section 768.28, Florida Statutes, as may be
amended, and nothing herein shall be read as a waiver of the sovereign immunity beyond that
provided in Section 768.28, Florida Statutes, nor will anything herein be read as increasing the
liability of the Licensee to any person or entity beyond the limits of liability for which the
Licensee could be held liable under Section 768.28, Florida Statutes. This revision reflects the
fact that political subdivisions (like the Licensee) are prohibited by the state constitution from
waiving sovereign immunity and is an attempt to harmonize the language of indemnity with state
law.
13. LICENSES, AUTHORIZATIONS, AND PERMITS. Licensee shall obtain, or
cause to be obtained, and maintain in full force and effect throughout the term of this Agreement,
at its sole expense, all licenses, authorizations and permits that are necessary for Licensee to
conduct the Permitted Use on the Property. Licensee shall be responsible for paying the cost of
said applications and obtaining said licenses, authorizations and permits.
14. COMPLIANCE WITH ALL LAWS APPLICABLE. Licensee accepts this
Agreement and hereby acknowledges that Licensee's strict compliance with all applicable
federal, state and local laws, ordinances and regulations is a condition of this Agreement, and
Licensee shall comply therewith as the same presently exist and as they may be amended
hereafter. This Agreement shall be construed and enforced according to the laws of the State of
Florida.
15. SURRENDER OF PROPERTY. In the event of termination of this Agreement
Licensee shall peacefully surrender the Property in good condition and repair, pursuant to
Paragraph 5. Upon surrender, Licensee shall promptly remove any equipment, property, and
furnishings from the Property and Licensee shall repair any damage to the Property caused
thereby. Should Licensee fail to repair any damage caused to the Property within thirty (40)
days after receipt of written notice from CRA directing the required repairs, CRA shall cause the
Property to be repaired at the sole cost and expense of Licensee. Licensee shall pay CRA the full
cost of such repairs within thirty (30) days of receipt of an invoice indicating the cost of such
required repairs, together with interest thereon, at the maximum rate allowed by Florida law until
repaid. In the event Licensee fails to remove Licensee's equipment, property, and furnishings
from the Property within the time limit set by the notice, said property shall be deemed
abandoned and thereupon shall become the sole personal property of the CRA. The CRA, at its
sole discretion and without liability, may remove and/or dispose of same as CRA sees fit, all at
Licensee's sole cost and expense.
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5.6.a
16. SEVERABILITY. It is the express intent of the parties that this Agreement
constitutes a revocable license and not a lease. To further this intent, the parties agree as
follows: (i) if any provision of this Agreement, or the application thereof to any circumstance,
suggest that a lease, rather than a license, has been created, then such provision shall be
interpreted in the light most favorable to the creation of a license; and (ii) if any provision of this
Agreement, or the application thereof to any circumstance, is determined by a court of competent
jurisdiction to have created a lease rather than a license, then such provision shall be stricken
and, to the fullest extent possible, the remaining provisions of this Agreement shall not be
affected thereby and shall continue to operate and remain in full force and effect. With regard to
those provisions which do not affect the parties intent for this Agreement, should any provision,
section, paragraph, sentence, word or phrase contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of
the State of Florida, such provision, section, paragraph, sentence, word or phrase shall be
deemed modified to the extent necessary in order to conform with such laws, or if not
modifiable, then same shall be deemed severable, and in either event, the remaining terms and
provisions of this Agreement shall remain unmodified and in full force and effect or limitation of
its use.
17. NONDELEGABILITY. Licensee cannot assign, sell, convey, pledge, encumber,
dispose, or transfer its privilege and use granted unto it by this Agreement in whole or in part.
Any assignment, sale, disposition, or transfer of this Agreement or any interest therein by
Licensee shall result in the automatic termination of this Agreement without notice by the CRA.
18. PUBLIC RECORDS; MAINTENANCE OF RECORDS. This Agreement shall
be subject to Florida's Public Records Laws, Chapter 119, Florida Statutes. The parties
understand the broad nature of these laws and agree to comply with Florida's Public Records
Laws, and laws relating to records retention.
19. CONFLICT OF INTEREST. Licensee is aware of the conflict of interest laws of
the City of Miami (Miami City Code Chapter 2, Article V), Miami -Dade County, Florida (Dade
County Code, Section 2-11.1 et. seq.) and of the State of Florida as set forth in the Florida
Statutes, and agrees that it will fully comply in all respects with the terms of said laws and any
future amendments thereto. Licensee covenants that no person or entity under its employ,
presently exercising any functions or responsibilities in connection with this Agreement, has any
personal financial interests, direct or indirect, with the CRA. Licensee further covenants that, in
the performance of this Agreement, no person or entity having such conflicting interest shall be
utilized in respect to services provided hereunder. Any such conflict of interest(s) on the part of
Licensee, its employees or associated persons, or entities must be disclosed in writing to the
CRA.
20. WAIVER OF JURY TRIAL. The parties hereby knowingly, irrevocable,
voluntarily and intentionally waive any right either may have to a trial by jury in respect of any
action, proceeding or counterclaim based on this Agreement, or arising out of, under or in
connection with this Agreement or any amendment or modification of this Agreement, or any
other agreement executed by and between the parties in connection with this Agreement, or any
course of conduct, course of dealing, statements (whether verbal or written) or actions of any
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5.6.a
party hereto. This waiver of jury trial provision is a material inducement for the CRA and
Licensee entering into the subject transaction.
21. WAIVER, Any waiver by either party or any breach by either party of any one or
more of the covenants, conditions or provisions of this Agreement shall not be construed to be a
waiver of any subsequent or other breach of the same or any covenant, condition or provision of
this Agreement, nor shall any failure on the part of the CRA to require or exact full and complete
compliance by Licensee with any of the covenants, conditions or provisions of this Agreement
be construed as in any manner changing the terms hereof to prevent the CRA from enforcing in
full the provisions hereto, nor shall the terms of this Agreement be changed or altered in any
manner whatsoever other than by written agreement of the CRA and Licensee.
22. FURTHER ACTS. In addition to the acts and deeds recited herein and
contemplated to be performed, executed and/or delivered by the parties, the parties each agree to
perform, execute and/or deliver or cause to be performed, executed and/or delivered any and all
such further acts, deeds and assurances as may be necessary to consummate the transactions
contemplated hereby.
23. THIRD PARTY BENEFICIARY. This Agreement is solely for the benefit of the
parties hereto and no third party shall be entitled to claim or enforce any rights hereunder.
24. HEADINGS. Title and paragraph headings are for convenient reference and are
not a part of this Agreement.
25. AUTHORITY. Each of the parties hereto acknowledges it is duly authorized to
enter into this Agreement and that the signatories below are duly authorized to execute this
Agreement in their respective behalf.
26. ENTIRE AGREEMENT. This instrument constitutes the sole and only
agreement of the parties hereto relating to the License, and correctly set forth the rights, duties,
and obligations of the parties. There are no collateral or oral agreements or understandings
between the CRA and the Licensee relating to the Agreement. Any promises, negotiations, or
representations not expressly set forth in this Agreement are of no force or effect. This
Agreement shall not be modified in any manner except by an instrument in writing executed by
the parties. The masculine (or neuter) pronoun and the singular number shall include the
masculine, feminine and neuter genders and the singular and plural number. The word
"including" followed by any specific item(s) is deemed to refer to examples rather than to be
words of limitation. This Agreement is the result of negotiations between the parties and has
been typed/printed by one party for the convenience of both parties, and the parties covenant that
this Agreement shall not be construed in favor of or against either of the parties.
[INTENTIONALLY LEFT BLANK]
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5.6.a
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized as of the day and year above
written.
WITNESSES:
By: -w
Print: M "9- * L-~.. 4.-it/D41
By:'
Print: fr/i9-2/ 4 L - F}iV YELL,")
APPROVED AS TO FORM AND
LEGAL SUFFIENCY
By: �l!►461 75 t3
Carmen Dominguez
College Legal Counsel
r apnop, !.
CIerk_ e'Board
APPRCJ ll »AS TO FORM AND
LEGAL SUFFICIENCY
a N. Pacheco, Esq.
CRA Special Counsel
MIAMI DADE COLLEGE, an educational
institution and a public entity of the State of
Florida, ("Licensee")
By: VA
Jose Vicente
Campus President, Wolfson Campus
By:
Rolando Montoya, College Provost
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT
AGENCY of the City of Miami, a public
agency and body corporate created pursuant to
Section 163.356, Florida Statutes ("CRA")
larence E. Woods I
Executive Directo
APPROVED AS
REQUIRE
B
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5.6.a
EXHIBIT "A"
LEGAL DESCRIPTION
MIAMI NORTH PB B-41 N5OFT LOT 1 & 2 BLK 14 LOT SIZE 50.000 X 100 OR 11668-2224
0183 5 THE MIAMI DIST BOARD OF CH EXT OF THE METHODIST CH
Address: 300 NW 11th Street, Miami, Florida
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5.6.a
EXTIEBIT "B"
INSURANCE REQUIREMENTS
I. General Liability, as provided for by Section 768.28, Florida Statutes, as may be amended
Limits of Liability
Bodily Injury and Property Damage Liability
Per Person $200,000
Per Occurrence $300,000
II. Workers' Compensation
Limits of Liability, as provided for by Section 440, Florida Statutes
III. Employer's Liability
Limits of Liability
$100,000 for bodily injury caused by an accident, each accident.
$100,000 for bodily injury caused by disease, each employee
IV. Automobile Liability (covering Bodily Injury and Property Damage), as provided for by
Section 768.28, Florida Statutes, as may be amended
Limits of Liability
Per Person $200,000
Per Occurrence $300,000
The Southeast Overtown/Park West Community Redevelopment Agency shall be provided with
written notice of cancellation from the insurer not less than (30) days prior to any such
cancellation.
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