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Home My WebLink About6726 Submittal-Dusty Melton-Addendum to Grant AgreementMIAMI A Community 6( Redevelopment Agency 1 i11 I ai'f I Submitted into the public record in connection with Item °I on I D-30-11 Todd B. Hannon Clerk of the Board MICHE:LLE SP'ENCE-.ONES IAMLS ILVt1.LACOR"f:1 Board Chair Executive Director Via Hand -Delivery June 23, 2009 Noreen "1'imoney, President The Miami Woman's Club 1737 North Bayshore Drive Miami, FL:33132 Re: Addendum to The Grant Agreement between the Omni CRA and The Miami Woman's Club. Dear Ms. Timoney: For your records, enclosed please find an original fully executed Addendum to the Grant Agreement between the Onmi Redevelopment District Community Redevelopment Agency and The Miami Woman's Club, dated June l8th, 2009, regarding the repairs and 40-year recertification of its building at 1737 North Bayshore Drive. Should you have any questions or concerns, please contact me in the office at 305-679- 6822. K indI Regards, r , Jessica N. Pacheco, Esq. Staff Counsel jp/as Encl: Agreement SOUTHEAST OVERTOWN/PARK WEST, OMNI REDEVELOPMENT DISTRICT, AND MIDTOWN COMMUNITY REDEVELOPMENT AGENCIES 49 N.W. 5`H Street, Ste. 100 / Miami. FL 33128 / Telephone: (305) 679-6800 / Facsimile (305) 679.6835 Email: crC6 ci.miami.fl.us. / Website: www.miami-cra.org 72 Co Svbmi +-Fal- Dot M.E1-1-tn- Aololec)d uw) -Iv CTranf A9rnl Submitted into the public record in connection with Item 61 on 10-3-0-1 Todd B. Hannon Clerk of the Board ADDENDUM TO GRANT AGREEMENT THIS ADDENDUM TO THE GRANTrAGREEMENT dated November 18, 2008, is made and entered into this t) day of n l� 1 k. , 20C1 between the ONMI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA"), and THE MIAMI WOMAN'S CLUB, a Florida non-profit corporation ("CLUB"). RECITALS A. WHEREAS, on January 28, 2008, the CLUB made a presentation to the Board of Commissioners of the CRA and requested Three Million Seven Hundred and Fifty Thousand Dollars ($3,750,000) to underwrite the costs associated with repairs and 40-year recertification of its building at 1737 North Bayshore Drive, Miami, Florida ("Project"); and B. WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-08-0009, passed and adopted on February 25, 2008, authorized the issuance of a Grant to the CLUB, in an amount rot to exceed One Million Eight Hundred Thousand Dollars ($1,800,000), for the Project, and further dincted the Executive Director to include the funding balance for the repairs and 40-year certification it the CRA's budget for Fiscal Year 2009 ("funding balance"), which requires Board approval; and C. WHEREAS, on November 18, 2008, the CRA and the CLUB entered into a ;rant. agreement setting forth the terms and conditions relating to the 2008 grant ("Grant Agreement"); and D. WHEREAS, on March 30, 2009, the CLUB appeared before the BoarE of Commissioners and requested the funding balance, in the amount of $1,950,000, in the form of a gant; and E. WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-09-0020, pased and adopted on April 27, 2009, authorized additional funds to the CLUB, in an amount not to exceedDne Million Nine Hundred and Fifty Thousand Dollars ($1,950,000) ("2009 grant"), for a total amount rt to Page 1 of 4 Submitted into the public record in connection with Item on I G - 30-I6I Todd B. Hannon Clerk of the Board exceed Three Million Seven Hundred and Fifty 'Thousand Dollars ($3,750,000) to the CLUB for the Project; and F. WHEREAS, the CLUB and the CRA wish to enter into this Addendum to reflect the total grant authorized by the Board of Commissioners for the Project, and to set forth the terms and conditions relating to the use of those funds; NOW, THEREFORE, in consideration of the promises and the mutual covenants contained herein, the parties agree to as follows: THE GRANT 1. RECITALS. The Recitals and all statements contained therein are true and correct and are hereby incorporated into this Addendum, 2. TOTAL GRANT. The total grant awarded to the CLUB is Three Million Seven Hundred and Fifty Thousand Dollar ($3,750,000) for the Project, which reflects the 2008 grant and 2009 grant authorized by the Board of Commissioners. The CLUB agrees to use the 2009 grant in accordance with the terms and conditions set forth in the Grant Agreement, and all attachments thereto. 3. EASEMENT. The Club acknowledges that the baywaik easement contemplated in Section 9(e) of the Grant Agreement shall he submitted to the City of Miami for acceptance and recordation. 4. NO THIRD -PARTY BENEFICIARY RIGHTS. No provision of this Agreement shalt, in any way, inure to the benefit of any third parties so as to constitute any such third party a beneficiary of this Agreement, or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any party not a party hereto. 5. NON -RECOURSE. This Agreement is non -recourse to the CRA. In the event of breach of this Agreement by the CRA, the GRANTEE may only seek specific performance of this Agreement and any recovery shall be limited to Grant. Page 2 of 4 Submitted into tlhe public record in connection with Item 1 on f O 3O l6[ Todd B. Hannon Clerk of the Board 6. DISPUTES. In the event of a dispute between the Executive Director of the CRA and GRANTEE as to the terms and conditions of this Addendum or the Grant Agreement, the Executive Director of the CRA and the CLUB shall proceed in good faith to resolve the dispute. If the parties are not able to resolve the dispute within thirty (30) days of written notice to the other, the dispute shall be submitted to the CRA's Board of Commissioners for resolution within ninety (90) days of the expiration of such thirty (30) day period or such longer period as may be agreed to by the parties to this Addendum. The Board's decision shall be deemed Gnat and binding on the parties. {SIGNATURES APPEAR ON THE FOLLOWING PAGE] Page 3 of 4 Submitted into the public record in connection with Itern 9 on f 0-30-/C( Todd B. Hannon Clerk of the Board IN WITNESS WHEREOF, in consideration of the mutual entry into this Addendum, for other good and valuable consideration, and intending to be legally bound, the CRA and CLUB have executed this Addendum. WITNESSES: `' THE MIAMI WOMAN'S CLUB, a Florida non-profit corporation, ("CLUB") By: By: Print: tGy ;xj4 By: :"�-.� Print: GC-/k-C-A• LG ccAir ATTEST: Noreen Tin Presid • t 1 . Y_ o�wY °vs Notary Public State of Florida Arlene Leal Moreton My Commrawon D0797693 Fxppres 08/13/2012 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, ("CRA") - L/Gi�wir� B Priscilla A. Thompson Clerk of the Board ! APPROVED AS TO FORM AND CORRECTNESS: By: L Julie O. Bru CRA General Counsel Page 4of4 mes H. Villacorta Executive Director