HomeMy WebLinkAboutCRA-R-17-0055 BackupVi'Miami Dade
College
The Hospitality Institute
May 31, 2017
SOUTHEAST OVERTOWN j 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 I1os ip�lity 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,
Shell 'Sn' th Fano, MS, Chair M®CJ
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 7-70 74
Email: efanoc mdc.edu
Hospitality Institute Executive Director
www.mdc.edu/hospitality-institute
245 N.W. Eighth Street, Miami, Florida, 33136.305-329-2845
UriMiami Dade
College
Wolfson Campus
City of Miami
Southeast Overtown Park West Community Redevelopment Agency
Grant Application 2017 - 2020
A. APPLICANT INFORMATION
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
Fax: 305-237-7074
Email: efano@mdc.edu
Description of Applicant:
() Individual
[) Corporation: For -Profit or Not -For -Profit
(X) Other: I itu I n of i h Ed cati
1. Has the applicant, or any related entity, previously received a grant from the CRA?
(X) Yes [) No
245 N.W. Eighth Street, Miami, Florida, 33136.305-329-2845
If yes, please state the date the grant was received, and describe the purpose of the grant:
Date cycle:
Amount:
Purpose:
Resolution
Date cycle:
Amount:
Purpose:
Resolution
Date cycle:
Amount:
Purpose:
Resolution
Date cycle:
Amount:
Purpose:
Resolution
Date cycle:
Amount:
Purpose:
Resolution
Date cycle:
Amount:
Purpose:
Resolution
Date cycle:
Amount:
Purpose:
Resolution
12/2008 to 12/31/2009
$100,000
For The Hospitality Institute Job Readiness Training and job Placement Program
#: CRA-R-08-0046
12/2009 to 12/2010
$165,000
For The Hospitality Institute Job Readiness Training and Job Placement Program
#: CRA-R-10-0025
01/01/2011 to 04/31/2011
$97,000
For The Hospitality Institute Job Readiness Training and job Placement Program
#: CRA-R-10053
5/01/2012 to 12/31/2012
$116,775
For The Hospitality Institute Job Readiness Training and Job Placement Program
#: CRA-R-12-0014
1/01/2013 to 12/31/2014
$50,000
For The Hospitality Institute Job Readiness Training and job Placement Program
#: CRA-R-13-01212
12/29/2014 to 12/31/2015
$200,000
For The Hospitality Institute Job Readiness Training and Job Placement Program
#: CRA-R-14-0071
01/01/2016 to 12/31/2016
$165,000
For The Hospitality Institute job Readiness Training and Job Placement Program
#; CRA-R-16-0023
2. Is the applicant, ❑r any related entity, in default of any agreement with the CRA, the City of
Miami, or Miami -Dade County? If yes, please explain.
[) 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
245 N.W. Eighth Street, Miami, Florida, 33136.305-329-2845
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.
245 N.W. Eighth Street, Miami, Florida, 33136 •305-329-2845
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
Jusio
Month Day Year
245 N.W. Eighth Street, Miami, Florida, 33136.305-329-2845
The Hospitality Institute Job Readiness Training and Outreach Center
Southeast Overtown I Park West Community Redevelopment Agency Budget 2017
Overtown Rent
Telecommunications
Office and IT Equipment
Maintenance
Totals
Description
$1200 mth x 12
Amount
$14,400.00
$3 6000.00
$3,000.00
$2,000.00
$23,000.00
Full Time Staff
Grant Coordinator
Fringe Benefits
Recruit/Train Specialist
Fringe Benefits
Full -Time Salary
Full -Time Salary
$52,000.00
$14,316.00
$45,000,00
$12,389.00
Totals
$123,705.00
Instructors
Instructors
Fringe Benefits
Training Consultant
Totals
$32 hourly rate
$3,500.00
$51.00
$900.00
$4.451.00
Materials & Supplies
Office Supplies
Promotional materials
Totals
$5,000.00
$5,000.00
$10,000.00
Total Expenses
$225,000.00
Workshop/Participant Costs
Safe Staff Certification
Job Readiness Hospitality
Youth Program
Description Amount
$8 per Participant $2,400.00
Lunches, Coffee etc
$6,009.00
Materials, Lunches etc
$5,000.00 '
Totals
$13,409.00
2 Part -Time Office Assistants
Fringe Benefits
Outreach Consultant
(Agreement for Services)
Totals
$47.935.00
Mileage & Transportation
,Association Memberships & Meetings
Totals
$200.00
$2,300,00
$2.500.fl0
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.
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 COMM UNITY REDEVELOPM ENT 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 DIRECTOR'S 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
City of Miami Page 1 of 2
File Id: 13-01205 (Version: 1) Printed On: 12/2/2013
File Number: 13-01205 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 .
Cify of Miami Page 2 of 2 File Id: 13-01205 (Version: 1) Printed On: 12/2/2013
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.
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.
Sincerely,
- H. Philip Paradice, Jr,-- -
Regional Director
Enclosures: Form CD-450 Financial Assistance Award (2)
Exhibit A — Special Award Conditions
Attachment No. I — Form ED-508 Budget
EDA Standard Terms and Conditions for Construction Projects, dated March 12, 2013
FORM CD-450 U.S. DEPARTMENT OF COMMERCE
13)-
RECIPIENT NAME
FINANCIAL ASSISTANCE AWARD
Southeast Overtown/Park West Community Redevelopment Agency
STREET ADDRESS
1490 NW 3rd Avenue, Suite 105
CITY, STATE, ZIP CODE
(REV. 3-
E GRANT COOPERATIVE AGREEMENT
AWARD PERIOD
45 months after date of EDA approval
AWARD NUMBER
FEDERAL SHARE OF COST
04-79-06827
Miami, Florida 33136
RECIPIENT NAME
City of Miami
STREET ADDRESS
RECIPIENT SHARE OF COST
TOTAL ESTIMATED COST
$
444 S.W. 2nd Avenue
CITY, STATE, ZIP CODE
Miami, Florida 33130
RECIPIENT NAME
Miami Dade College
STREET ADDRESS
300 NE 2nd Avenue
CITY, STATE, ZIP CODE
Miami, Florida 33132
UTHORITY
900,000.00
1,669,437.00
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
1.307 Economic Adjustment / Building Rehabilitation
BUREAU
20
FUND
40
FCFY
13
PROJECT -TASK
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 BOy 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)
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
ED OMB Circular A-21, Cost Principles for Educational Institutions
0 OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments
❑ OMB Circular A-122, Cost Principles for Nonprofit Organizations
48 CFR Part 31, Contract Cost Principles and Procedures
C7 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 1. PARTMENT OF C MMF1TCF GRANTS OFFICER TITLE
Director, Atlanta Regional
TYPED NA SIGNATURE OF AUTHORIZED RECIPI T r ; ICWL TITLE
Clarnc
TYPEEME; ND SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL
Johnn
artinez
TYPED N • ' E AND SIGNATURE OF AUTHORIZED REC LENT OFFICIAL
Dr. Rolando Monto
Executive Director, Southeast OvertownlPark
West Community Redevelopment
TITLE
City Manager, City of Miami
TITLE
College Provost, Miami Dade College
DATE
?4573
DATE
/69 Pt/d
DA
6-15,3
DATE
ACMINISTRATION ELECTRONIC FORM
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
and Members of the CRA Board
From: Clarence E. Woods, III
Executive Director
Date: October 18, 2013 File: 13-01212
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 of) jobs within the community," as well as "improving the quality of life for
residents" as stated redevelopment goals.
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 EIOA.
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
City of Miami Page 1 of 3
File Id: 13-01212 (Version: 1) Printed On: 12/2/2013
File Number: 13-01212 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.
City of Miami Page 2 of 3
File Id: 13-01212 (Version: 1) Printed On: 12/2/2013
File Number: 13-01212 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 .
Cify of Miami Page 3 of 3 File Id: 13-01212 (Version: 1) Printed On: 12/2/2013
REVOCABLE LICENSE AGREEMENT
THIS REVOCABLE LICENSE AGREEMENT (the "Agreement") is made as of this,Ze1day of
p3Pmtib i' , 2013, by and between the SOUTHEAST OVERTOWN/PARKWEST
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
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
S. - - CONDITION OF THE PROPERTY AND MAINTENANCE. During the term of
this Agreement, Licensee shall, at its sole cost and expense, maintain the Property in good
condition and repair and ensure the Property remains in a clean, safe and sanitary
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
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.
6. VIOLATIONS, LIENS, AND SECURITY INTERESTS. The Licensee shall not
suffer or permit any statutory, laborers, materialman, or mechanics' liens to be filed against the
Property by reason of work, labor, services, or materials supplied to the Licensee or anyone
having a right to possession of the Property. Nothing in this Agreement shall be construed as
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 the
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
services or the furnishing of any materials that would give rise to the filing of any mechanics
liens against the Property. If any mechanics' lien shall at any time be filed against the Property,
the Licensee shall cause it to be discharged of record or transferred to appropriate bond within
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,
limitations and provisions of Section 768.28, Florida Statutes, as may be amended, Licensee
further agrees to hold CRA harmless from, and to indemnify and defend the CRA against, any
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
whom Licensee has contracted or otherwise is found liable for, in respect to the Property.
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
terms and provisions of this Agreement and all applicable laws, ordinances, rules and
regulations. The CRA shall not be liable for any loss, cost or damage to the Licensee by reason
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
Page 3 of 11
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 Qvertown/Park West Community Redevelopment Agency
1490 NW 3.' 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°' 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.
Page 4 of 11
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.
Page 5 of 11
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 harmoni7e 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.
Page 6 of 11
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 QF 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
Page 7 of 11
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 Iimitation. 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]
Page 8 of 11
c.
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: ,t ✓4-a.., * 6,7 A-iV�►C,t
By:
Print: 4.21 4 1,%_ f}' V Ir5(L&Z)
APPROVED AS TO FORM AND
LEGAL SUFFIENCY
By:
?Sit3
Carmen Dominguez
College Legal Counsel
•
1
rerk.:: 4613, d
APPRO$EDSAS TO FORM AND
LEGAL SUFFICIENCY
B
Jesa N. Pacheco, Esq.
CRA Special Counsel
MIANII DADE COLLEGE, an educational
institution and a public entity of the State of
Florida, ("Licensee")
By: VJ
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")
Bv:
larence E. Woods
Executive Directo
APPROVED AS
REQUIRE
Bv:
Page 9 of 1
alvin Ellis
Director,
agement
EXIIIBIT "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 11t Street, Miami, Florida
Page 10 of 11
EXHIBIT "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 OvertownfPark 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.
Page 11 of 11