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Home My WebLink AboutCRA-R-23-0026 BackupThe Poinciana Village Condominium Association Inc. 201 & 269 NW 9th Street Miami — FL 33136 January 20, 2023 Southeast Over -town Park West Community Redevelopment Agency 825 NW 2nd Ave Miami, FI. 33136 To Director of Southeast Over -Town Park West Community Redevelopment Agency: As President of Poinciana Village Condominium Association, I would like to thank you and your Staff for graciously accepting the meeting with us this past January 4th, 2023 and heard our concerns. As you know this Association is located at 201 and 269 NW 7 Street, Poinciana Village Condominium an it was established in 1988 and is one of the oldest homesteads in Historic Over -town. Per presented reports the buildings have weathered 34 years standing central to construction occurring all around them, and now, is in dire need of structural, protective and decorative uplift with the following projects: 1. Building Painting (3 buildings) 2. Elevators Modernization (2) For that reason, we would like to express our joy and gratitude for your contribution towards these projects that will be in an amount not to exceed the $500,000.00. The association fees are currently $438.00 per month, monthly operating account is approximately $30,000,00 and monthly expenses are $28,000.00, which sometimes this allows us to have the opportunity to add to the Reserves when possible. Unfortunately, we have experienced a series of roofing, concrete, electrical and plumbing repairs, as well as assisting some homeowners with their home damages due to leaks or losses from common areas, especially for the past couple of years. We continue to demonstrate an ability to maintain the operational upkeep, however; these above detailed expenses are the result of an aging building in need of upgrades. We all want to thank you in advance for your consideration and for any assistance you can provide to our Association. Association Board of Directors Kaye Johnson -President Rose Watts -Vice President Danielle Corvalan-Treasurer Ralph Supplice -Secretary Barbara Cornaccia- Director Amaran Group, LLC. 2342 West 79 Street Hialeah, Florida 33016 786-609-0005 IICONTRACT AGREEMENT -7i moron GROUP LLC. Lisenced & Insured 8 This AGREEMENT is made as of Janury 26,2023 between Amaran Group, LLC and The Poinciana Village Condominium Association, Inc. Client: The Poinciana Village Condominium Association Project physical address : 201-269 NW 7 St Miami, FL 33136 Contractor agrees to furnish all material, labor, tools, equipment, supervision, and administration necessary to fully perform and complete the following scope of work in its entirety. Contractor agrees to perform all work in a professional, workmanlike manner according to required building codes and standard practices. 2 13 1 1 SCOPE OF WORK CONCRETE RESTORATION - All work to be performed walkthrough - Provide and install all required shoring and safety equipment. - Demo /Remove any loose concrete debris for affected areas. - Wire bush hand tool or power tool with circular wire brush to all re -bars found to be exposed or detect. - Coat rebar/steel with rust inhibitor. - Apply bonding agent to affected areas. -Apply concrete to all affected areas. - Waterproof and seal all previously mentioned affected areas. - Materials, labor and equipment are included. - All debris will be removed and all areas will be clean and free of dust. BUILDING EXTERIOR PAINTING Pressure Clean: Pressure wash all exterior building stucco surfaces with a minimum 3000 psi pressure washer up to remove all loose paint, peeling, blistering, excess chalk and any other foreign matter to properly execute coating. Mildew: All mildew will be pre- treated with a mildewcide/fungicide cleaner to be able to prime properly. Primer: Seal all mentioned above areas, primer is used to bind any light chalk, minor peeling, or any other foreign matter still left after the pressure wash, and will provide a sound surface for the finish coat to adhere. Cracks: Cracks less than 1/16" shall be filled with brush grade Elastomeric Patching Compound, and have the edges feathered to insure a uniform surface with the surrounding surfaces. All masonry cracks greater than 1/16" shall be tooled out to form a 'v' shape. Completely fill all cracks with knife grade Elastomeric Patching compound over the patch to cover it to a depth of 1/16" then feathered to blend in with the surrounding stucco surface and texture as closely as possible. Caulk: All window and doors frames and other previously caulked areas shall be checked for caulk deterioration and re -caulk as needed . 2 All deteriorating caulking shall be repaired as well as any dirt or foreign matter, and then all caulking joints will be completely caulked according to the manufacturer's recommendations. Stucco Repairs: Minor loose or missing stucco up to 6" will be removed and replace by chipping out enough concrete up to match existing stucco texture to adequately expose enough of the metal to be able to prime properly. (Included in total price). Coating and Applications: Apply finish coat with a wet film thickness of 4.0 mils wet to achieve 1.44 mils dry film thickness to the mentioned above surfaces. Finish coat will be rolled or sprays as needed with RESILIENCE 10 YEARS WARRANTY ON LABOR AND MATERIAL PROVIDED BY SHERWIN WILLIAMS. ENTRANCE AND EXIT GATE WILL BE PAINT WITH ELECTROSTATIC PAINT METHOD INCLUSIONS: 1-All stucco exterior walls including interior side of the buildings. 2-All exterior mechanicals and unit entrance doors if all fallows same pattern. 3- Walkways floors if they are previously paint. 4-All perimeter columns. EXCLUSIONS: 1-Windows and sliding doors frames. 2-Light fixtures and or poles. 3-Screned balconies or patio where access is not allowing. 4- Owner's ornamental decorative railing. 5-Club house 6-Parking Lot 7-Any other areas not mentioned above. 8-Shutters chan< c goI (4jt it O tltrllcrllisli u�i!uJll cii�� aIi1 ms will' be summtniitodi liin the Oft lil eSe( k the lr)rrq iieety TOTAL PAINTING PRICE: .$339,999.00 3 PAYMENT SCHEDULE At contract sign ...... $20,000.00 After first building pressure clean......... $80,000.00 At completion of first building concrete restoration......... $40,000.00 At completion of first building ... $50,000.00 At commencement of second building ...... $80,000.00 At completion of second building concrete restoration...... . ... .,$60,000.00 At job completed ...... .$9,000.00 Notes: -City permit fees is not included in total price. -Our company provides workers compensation, general liability and auto liability insurance, labor, materials and sales taxes are included in this price. This work is to be done with permit as approved by owner. -This contract is subject to delays if any material is missing from the supply or the workers are affected the COVID-19. Work will be performed during regular business hours excluding Holidays and weekends Monday thru Friday 8:OOAM to 4:30PM. Saturdays or Sundays is needed coordination and approval from board of directors and contractor is needed. 4 ELEVATOR MODERNIZATION AGREEMENT Q - 10607 JANUARY 03, 2023 Prepared for: Poinciana Village Condominiums Poinciana Village Marcos Osores Property Manager 201 & 269 NW 7th ST Miami, FL 33136 (786) 797 - 6950 / Elevator Modernizations 2 Units FIJI ELEVATOR COMPANY INITIALS: ELEVATOR MODERNIZATION AGREEMENT 0 - 10607 JANUARY 03. 2023 O FIJI ELEVATOR ELEVATOR MODERNIZATION AGREEMENT Hydraulic Elevator Modernization Elevator Serial #'s: 42329, 42407 Purchaser: Poinciana Village Condominiums 201 & 269 NW 7th ST Miami, FL 33136 Location: Poinciana Village 201 & 269 NW 7th ST Miami, FL 33136 By: Vicente Martinez FIJI Elevator Company 7351 Wiles RD, Suite 204 Coral Springs, FL 33067 Cell: (305) 968-9833Email: vicente.martinez@fijielevator.com Date: January 03, 2023 INITIALS: FIJI ELEVATOR COMPANY ELEVATOR MODERNIZATION AGREEMENT JANUARY 03, 2023 Q - 10607 SCOPE: CONTROLLER • New non-proprietary controller • New machine room wiring • New cabinet • New hoistway leveling/landing system GOVERNOR • Battery Lowering PUMP UNIT • New Pump unit • New Hydraulic oil • New Oil Threader Setup • New Shutoff valve kits • Retain Oil Feed line • New Isolation Couplings CAR ENCLOSURE • New guide shoes • New slide guides DOORS AND DOOR EQUIPMENT - • New door operator kit • New proximity edge • New door restrictor kit • New hatch and car -side door tracks • New hanger rollers • New pick-up rollers • New spirators • New interlocks • New gate switch FIXTURES • New fixtures include: • Car fixtures, braille, plates, digital position indicators, custom key switch package, service cabinet • Refurbish toe guards • New high performance fan • New car position indicators • New car lanterns • New emergency lighting • New emergency wireless phone systems HALL AND LOBBY FIXTURES • New stainless steel vandal proof hall stations • New egress hall stations and braille • New hoistway access stations • New jamb braille HOIST WIRING • New traveling cables • New hoist wiring • New raceway / piping PIT • Refurbish spring buffers • Cleaning and painting of pit • New pit ladder as required • New jack Packing INITIALS ELEVATOR MODERNIZATION AGREEMENT JANUARY 03. 2023 O - 10607 PART 3 - MODERNIZATION EQUIPMENT FEATURES CAR • The existing car frame assembly will be retained. • Furnish and install new guide shoes. 2. CAR ENCLOSURE • (FinishTBD by Purchase) • SS rail with returned ends handrail. • Return, vented kick plate and reveals. • Ceiling lighting, a modular down ceiling w/ 6 LED lights. • Cab Door finished brushed stainless steel #4. 3. CAR SIGNAL FEATURES • Furnish and install new applied car operating panel finished in brushed stainless steel #4, at proper code and ADA height. Car operating panels will include: Round Stainless Steel, LED Ring Vandal Resistant Pushbuttons, with Braille Keyed stop switch Door open, door close & door hold buttons Independent service key switch ADA emergency phone, hands free Fan/light key switch Alarm button Fire Service Phase II cabinet in station Digital position indicator Emergency lighting fixture Fire Service cabinet w/ instructions Capacity denotation Certificate Frame 4. CONTROL & DRIVE SYSTEMS • The existing obsolete controller will be replaced with a state-of-the-art microprocessor - based control system. The system will be field programmable and will meet all requirements as outlined the ANSI-A17 2010 code for elevators and escalators as well as all state and local codes. Hydraulic controller is a closed loop variable voltage variable frequency type automatic two-way leveling. The controller will have a solid state AC motor drive. The solid state power control shall be closed -loop design and shall provide the power output for the AC hoist motor. It shall be a compact self-contained unit that will provide step -less acceleration and deceleration and provide regulation at all speeds. The controller shall provide the required electrical operation of the elevator control system including the automatic application of the brake, which shall bring the car to rest upon failure of power. This controller is NON-PROPRIETARY and can be serviced by any competent traction elevator mechanic. • Furnish and install car top Inspection Station. Furnish and install new Landing System. 5. DOORS & ENTRANCES - • Furnish and install new GAL door operator. • Furnish and install car side clutch. • Furnish and install new door restrictor. • Retain car door headers and tracks. • Furnish and install all new hanger rollers, pickup rollers, gibs, and fire safety retainer tabs. Furnish and install new interlocks and car gate. Adjust doors for smooth operation. Existing hoist -way elevator door frames will be cladded with SS finish. • Furnish and install new 20 gauge door panels. • New key -holes with escutcheons provided on hoist doors. INITIALS: PAGE I.; FIJI ELEVATOR COMPANY ELEVATOR MODERNIZATION AGREEMENT JANUARY 03, 2023 Q - 10607 6. HALL SIGNAL FIXTURES • Furnish and install new surface mount hall push-button stations with key switches and light up push buttons at the proper code and ADA height. Lobby Station will include Fire Service Phase I and car position indicators. • Furnish and install code required hoist -way entrance jamb Braille. There will be two (2) per entrance frame and they will be located 60" above the finished floor. 7. MACHINE & MOTORS • The new pumping unit will be equipped with state-of-the-art submersible unit that will include new motor, pump, hydraulic valve, and muffler type motor that will greatly improving the overall performance of the elevator(s). 8. PIT EQUIPMENT • New shut-off valve installed on oil feed line. • The existing pit equipment will be cleaned and painted. • Furnish and install a new pit stop switch. Pit stop switches prevent unexpected elevator movement and provide an alternative means of shutting off the elevator. 9. WIRING • Furnish and install new machine room and hoist -way wire, existing raceways and conduit to be replaced as needed. • Furnish and install new hoist -way and car wiring. • Furnish and install new traveling cables. 10. MISCELLANEOUS WORK • The existing buffer shall be retained and checked for proper consistency, rust shall be removed from buffer spring, buffer support and pit channels. • Furnish and Install new toe guards, where required. • Furnish and Install car top exhaust fan, and escape hatch switch safeties. 13. Hoistway Equipment • Furnish and install new car guides. • Furnish and install new normal and final terminal stopping devices. • Furnish and install new emergency terminal stopping device. PART 4 — INSTALLATION SEQUENCE AND SCHEDULE 1. WORK HOURS All work will be performed during regular business hours Monday through Friday 8:00am — 4:30pm. 2 OUT OF SERVICE Elevator will be performed consecutively and not simultaneously. Elevator will be out of service in the performance of the work as specified in section 3. 3 SCHEDULE Prior to commencing work, a work schedule will be submitted to the Purchaser. Work will not commence until the schedule has been mutually agreed, in writing, to by both Parties. At the time this proposal was drafted, the following lead time and schedules are considered upon contract execution: Phase 1 — Engineering & Drawings: 2 Weeks Phase 2 — Material Arrival: 12 -14 Weeks Phase 3 — Substantial Completion of Car: 3 - 4 Weeks Phase 4 — Completion of Cab Interior: 1 Week Phase 4 — Final Inspection: 1-2 Days INITIALS I4-,� PAGE 7 FIJI ELEVATOR COMPANY PART 5 — TESTS 1, EMERGENCY FIRE SERVICE Perform Phase I and Phase II Fire Service tests to conform to applicable codes. 2. REOURED TESTS All required tests are to be performed during the regular working hours of the elevator trade. Should the Purchaser require these tests to be performed outside the regular working hours, there will be an added cost to the quoted contract amount. 3 Completed copies of test reports will be provided to the Purchaser. PART 6 - CLEAN UP, PURCHASER INSPECTION, & REMOBILIZATION 6.01 CLEAN UP FIJI Elevator will remove all debris resulting from work on this contract. In addition, we will remove from the project site all equipment and unused or removed materials and restore building and premises to a neat, clean appearance. 6.02 INSPECTION All materials and workmanship will be subject to inspection or testing. The Purchaser will have the right to reject defective or inferior material or workmanship installed under this contract and may require the correction of such without additional cost to the Purchaser. 6.03 REMOBILIZATION The performance of the work hereunder is conditioned on your performing of the preparatory work and supplying the necessary data specified on the front of this proposal or in the attached specification, if any. Should we be required to make an unscheduled return to your site to begin or complete the work due to your request, acts or omissions, then such retum visits shall be subject to additional charges at our current labor rates. PART 7 — WORK NOT INCLUDED This proposal does not include the following work, and is conditioned on the proper performance of such work by the Owner. A legal hoistway, properly framed and enclosed, and including a pit of proper depth provided with ladder, sump pump, lights, access doors and waterproofing, and as required and dewatering of pit(s) when necessary. A legal machine room(s), adequate for the elevator equipment, including floors, trap doors, gratings, foundations, lighting, ventilation and heat to maintain the room at an ambient temperature of 50 degrees Fahrenheit, minimum 90 degrees Fahrenheit maximum, non -condensing. Adequate supports and foundations to carry the loads of all equipment, including support for guide rail brackets. Adequate bracing of entrance frames to prevent distortion during wall construction. When required, divider beams at suitable points shall be provided for guide rail bracket support. It is agreed that in the event asbestos material is knowingly or unknowingly removed or disturbed in any manner at the jobsite, you will monitor our work place and prior to and during our manning of the job, you will certify that asbestos in the environment does not exceed .01 fibers per cc as tested by NIOSH 7400. In the event our employees or those of our subcontractors are exposed to an asbestos hazard, PCP's or other hazardous substances, you agree to indemnify, defend, and hold us harmless from all damages, claims, suits, expenses, and payments resulting from such exposure. Removal and disposal of asbestos containing material is the responsibility of the contractor. All sill supports, including steel angles where required, and sill recesses (if sill angles not supplied by Elevator Contractor) and the grouting of door sills. Provide O.S.H.A. compliant removable temporary enclosures or other protection (barricades and kickboards) from open hoistways during the time the elevator is being installed (protection must allow clearance for installation of entrance frames). Proper trenching and backfilling for any underground piping and/or conduit, Cutting and patching of walls, floors, etc., and removal of such obstructions as may be necessary for proper installation of the elevator. Setting anchors and sleeves. Pockets or blockouts for signal fixtures. Structural steel door frames with extensions to beam above if required on hoistway sides and sills for freight elevators, including finish painting of these items. Suitable connections from the power main to each controller and signal equipment feeders as required, including necessary circuit breakers and fused mainline disconnect switches per N.E.C. Wiring to controller for car lighting. (Per N.E.C. Articles 620-22 and 620-51). Electric power without charge, for construction, testing and adjusting of the same characteristics as the permanent supply. A means to automatically disconnect the main line and the emergency power supply to the elevator prior to the application of water in the elevator machine room will be furnished by the electrical contractor. INITIALS lL� FIJI ELEVATOR COMPANY ELEVATOR MODERNIZATION AGREEMENT JANUARY 03, 2023 Q - 10607 PART 10 — ILLUSTRATIONS Elevator Door Equipment GAL MOVFR CAR DOOR and HOIST DOOR EQUIPMENT • Sc. • • • • • • • Si=6.• • • r • I C• • • • IA — • • •7- • l• •• • • • • ••• • • 2 ;1. • •••,,,, Li 0" • • 7.• • e ; A • 'A • ••i 0 A • o • • • o m to co `nc CENTER OPENING CAR ASSEMBLY G.A.L MANUFACTURING CORP. INITIALS: v.. 3. PAGE 12 FIJI ELEVATOR COMPANY ELEVATOR MODERNIZATION AGREEMENT JANUARY 03, 2023 0 - 10607 Hydraulic Pump Unit REPLACEMENT OF CONTAMINATED PUMP Pump unit with to be replaced with new self contained submersible pumps. Includes new shutoff valve, self contained pump, muffler, and valve. (Included) INITIALS \‘'..-/ PAGE 13 FIJI ELEVATOR COMPANY ELEVATOR MODERNIZATION AGREEMENT Q - 10607 JANUARY 03, 2023 Hydraulic Controller One of the only hydraulic elevator controllers on the market with velocity and distance feedback along with serial communication. It reduces valve adjustment time by showing the cars performance on the LCD screen. PAGE 14 FIJI ELEVATOR COMPANY ELEVATOR MODERNIZATION AGREEMENT JANUARY 03, 202,: Q - 10607 New Cab Interior: CUSTOM CAB INTERIOR. (Texture to be selected by purchaser). One new interior, interior stainless steel car door. Standard Cab interior includes one handrail on rear wall, additional handrails not included. INITIALS fe•-• PAGE 15 FIJI ELEVATOR COMPANY ELEVATOR MODERNIZATION AGREEMENT Q - 10607 JANUARY 03, 2023 PART 11 - WORK BY OTHERS 0 FIJI ELEVATOR 7351 Wiles Rd. Suite 204, Coral Springs, FL 33067 (888) 266 - 0042 January 03, 2023 Poinciana Village Condominium 201 & 269 NW 7th ST Miami, FL 33136 Attn.: Marcos Osores Tel: (786) 797 - 9731 WORK BY OTHERS General Contracted Work Electrical HVAC FIJI Elevator proposes to furnish the necessary labor and materials providing Work by Others as code requirements for elevator upgrade. Description of Work: • General Contracted Work: a. Furnish and Install fire rated patches and fore stopping by a certified installer any existing holes or voids in the elevator machine room, hoistway and pit to meet code. b. Furnish and Install one (1) fire rated patch on the existing machine room door vent. c. Dedicated earth grounds per elevator machine room. d. Lowering relay contactors. e. Permit provided with this proposal (please allow 4 weeks after the owner information is submitted for permitting) f. Price is Based on re -using main line feeders. (Based on existing motor size) Cutting and patching include hoist way machine room and hall fixtures. g. Paint machine room floor and walls. h. Paint pit floor. i. Cleaning and garbage disposal. • Electrical: (All the electrical components in MR and Pit as needed) j. Main line safety switch with rejection clips and RK5 fuse. (Size of disconnect is based on existing Motor size) k. New cab car light safety switches. I. Code compliant machine room light fixtures with protective covers m. GFI receptacles in machine room. n. GFI receptacles in each pit. o. Phone Conduit and wire (connections by other) INITIALS 4.7. FIJI ELEVATOR COMPANY ELEVATOR MODERNIZATION AGREEMENT JANUARY 03, 2023 Q - 10607 • HVAC: (1.5 Ton Mini Split Air Conditioner) - GFI Relocation p. Jackhammer concrete to run conduit and Greenfield to exterior location (as approved by client) beside machine room. q. Furnish and install conduit and Greenfield through concrete and seal with appropriate caulking. Warranty: We warrant all work performed for five years covering parts and labor. THIS SECTION INTENTIONALLY LEFT BLANK INITIALS 165 PAGE 17 FIJI ELEVATOR COMPANY ELEVATOR MODERNIZATION AGREEMENT JANUARY 03, 2023 Q - 10607 PART 12 — PRICE AND PAYMENT SCHEDULE BASE PRICE PER ELEVATOR: ONE HUNDRED TWO THOUSAND NINE HUNDRED NINETY NINE DOLLARS AND 00/100 ($102,999.00) PURCHASER AGREES TO PAY THE SUM OF: TWO HUNDRED FIVE THOUSAND NINE HUNDRED NINETY EIGHT DOLLARS AND 00/100 ($205,998.00) PAYMENT SCHEDULE 1. The first 50% of contract amount is to accompany a signed and dated copy of this proposal. No work will be scheduled or material ordered until the signed proposal and first payment are received. 2. The second 30% of the contract amount is due upon materials delivery either to an agreed upon staging/storage facility or to the job site. 3. The remaining 20% shall be paid upon the substantial completion of each elevator. FOR FIJI ELEVATOR COMPANY: FO PURCHA (Signature of FIJI Representative) Vitt.. fie f he (Printed or Typed Name) LLis.eff (/eVe/y .e /Cf �! trier (Title) 02/01%2023 (Date) FIJI ELEVATOR COMPANY APPROVAL: By. (Signature) Title: Date. INITIALS: k-5 PAGE 18 FIJI ELEVATOR COMPANY GRANT AGREEMENT A GRANT AGREEMENT ("Agreement") is made as of this day of 2023 ("Effective Date") 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 ("SEOPW CRA"), and POINCIANA VILLAGE CONDOMINIUM ASSOCIATION, INC., a Florida non- profit corporation ("Grantee"). RECITALS A. WHEREAS, the SEOPW CRA is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2018 Southeast Overtown/Park West Community Redevelopment Plan, as amended and restated (the "Plan"); and B. WHEREAS, Section 2, Goal 3, of the SEOPW Plan lists "encouraging...affordable...housing within the CRA" as a stated redevelopment goal; and C. WHERAS, Section 2, Principle 2, of the Plan also provides that "the neighborhood must retain access to affordable housing even as the neighborhood becomes more desirable to households with greater means" as a stated redevelopment principle; and D. WHERAS, Section 2, Goal 6, Plan lists "creating housing...designed to improve the quality of life for Overtown residents in the CRA" as a stated redevelopment goal; and E. WHEREAS, Section 2, Principle 3, of the Plan further provides that "there must be variety in housing options" as a stated redevelopment principle; and F. G. WHEREAS, The Poinciana Village Condominium Association, Inc. ("Poinciana Village"), owns the property located at 201 and 269 N.W. 7 th Street, Miami, Florida 33136 (the "Property"); and H. WHEREAS, the Property is in need of elevator replacement, exterior concrete restoration, and exterior painting ("Purpose"); and I. WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-22- , attached hereto as Exhibit "A", authorized the issuance of a grant, in an amount not to exceed Five Hundred Thousand Dollars and No Cents ($500,000.00), to the Grantee to underwrite costs associated with the Project; and J. WHEREAS, the parties wish to enter into this Agreement to set forth the terms and conditions relating to the use of this grant; NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the SEOPW CRA and Grantee agree as follows: 1. RECITALS. The Recitals to this Agreement are true and correct and are incorporated herein by referenced and made a part hereof. 2. GRANT. Subject to the terms and conditions set forth herein and Grantee's compliance with all of its obligations hereunder, the SEOPW CRA hereby agrees to make available to the Grantee the Grant to be used for the purpose and disbursed in the manner hereinafter provided. Page 1 of 10 3. USE OF GRANT. The Grant shall be used to underwrite construction costs associated with the Project more particularly described in the Scope of Work for the Project and the Project Budget attached hereto as Exhibit "B" and Exhibit "C" respectively (collectively, the "Scope of Work and Project Budget"), and incorporated herein, which have been approved by the SEOPW CRA and the Grantee. 4. TERM. The term of this Agreement shall commence on the Effective Date written above and shall terminate upon the earlier of one (1) year, full disbursement of Five Hundred Thousand Dollars and No Cents ($500,000.00), or earlier as provided for herein; provided, however, that the following rights of the SEOPW CRA shall survive the expiration or early termination of this Agreement: to audit or inspect; to require reversion of assets; to enforce representations, warranties, and certifications; to exercise entitlement to remedies, limitation of liability, indemnification, and recovery of fees and costs. 5. DISBURSEMENT OF GRANT. a. GENERALLY. Subject to the terms and conditions contained in this Agreement, the SEOPW CRA shall make available to Grantee up to Five Hundred Thousand Dollars and No Cents ($500,000.00). In no event shall payments to the Grantee, under this Agreement, exceed Five Hundred Thousand Dollars and No Cents ($500,000.00). Payments shall be made to Grantee on a reimbursement basis or directly to vendors on behalf of Grantee, only after the SEOPW CRA has received and approved requests for disbursement in accordance with the SEOPW CRA and Grantee approved Scope of Work and Project Budget. b. PRE -APPROVAL OF EXPENSES. The Grantee agrees to submit to the SEOPW CRA all requests for the expenditure of Grant funds for pre -approval by the SEOPW CRA. Failure to submit said requests prior to incurring expenses may result in the Grantee bearing the costs incurred. The SEOPW CRA shall review said requests to ensure that the expense sought to be incurred by the Grantee is an expense within the Scope of Work and Project, and the SEOPW CRA reserves the right to deny any and all requests it deems to be outside of the Scope of Work and Project Budget. c. REQUESTS FOR DISBURSEMENT OF GRANT. All requests for the disbursement of Grant funds by the Grantee shall be certified by the Grantee's authorized representative. All requests for disbursement of Grant funds must be in writing and must be accompanied by supporting documents reflecting the use of Grant funds and/or expenditures incurred, and that said request is being made in accordance with the Project Budget and for expenditures incurred during the Term of this Agreement, as reflected in Exhibit "C". For purposes of this Agreement, "supporting documentation" may include invoices, receipts, photographs, and any other materials evidencing the expense incurred. The Grantee agrees that all invoices or receipts reflecting the expenses incurred in connection to the Project shall be in the name of the Grantee, and not in the name of the SEOPW CRA in light of the Grantee's inability to bind the SEOPW CRA to any legal and/or monetary obligation whatsoever. The SEOPW CRA retains the right to request additional supporting documentation, or additional explanation for any and all expenses incurred by the Grantee. Grantee's failure to provide additional supporting documentation or additional explanation regarding expenses incurred shall serve as grounds for immediate termination of this Agreement, and the Grantee shall bear the costs associated with any expenditures not approved by the SEOPW CRA prior to the date of termination. The Grantee understands and acknowledges that the SEOPW CRA shall not disburse Grant funds for any expense that has not been previously approved by the SEOPW CRA in accordance with Section 5(b) above, and that such expenses shall be borne solely by the Grantee. d. CASH TRANSACTIONS PROHIBITED. The parties agree that no payment will be made to the Grantee as reimbursement for any Project -specific expenditure paid in cash. Grantee acknowledges that a cash transaction is insufficient per se to comply with record -keeping requirements under this Agreement. Page 2of10 e. NO ADVANCE PAYMENTS. The SEOPW CRA shall not make advance payments to the Grantee or Grantee's vendors for services not performed or for goods, materials, or equipment which have not been delivered to the Grantee for use in connection with the Project. f. RETAINAGE. The SEOPW CRA shall retain ten (10) percent of all invoice amounts and shall release the same to Grantee or its General Contractor upon Project completion, specifically upon issuance of a Certificate of Occupancy from the City of Miami's Building Department for such portion of the Project. 6. JOB CREATION DURING CONSTRUCTION. a. SUBCONTRACTOR PARTICIPATION. Grantee shall cause its general contractor to hire not less than twenty percent (20%) of the subcontractors for the Project giving first priority to companies certified as SBE-Construction Services firms by Miami -Dade County pursuant to 10-33.02 of the County Code of Ordinances ("SBE"), whose principal place of business is in the Redevelopment Area, as more particularly described in the Plan, second priority to subcontractors whose principal place of business is in the Redevelopment Area, third priority to SBE firms whose principal place of business is located within the boundaries of the Overtown community which encompasses part of zip code 33136 ("Overtown Community"), fourth priority to subcontractors whose principal place of business is located within the boundaries of the Overtown Community, fifth priority to SBE firms whose principal place of business is located within the City of Miami, and sixth to subcontractors whose principal place of business is located within the City of Miami. b. LABORER PARTICIPATION. Grantee agrees to cause its general contractor and all subcontractors to hire forty percent (40%) of the labor for the construction of the Project from workers residing in the City of Miami giving first priority to workers residing in the Redevelopment Area, which encompasses part of zip code 33136 and second priority to workers residing in the Overtown Community. c. REPORT REQUIREMENTS. The Grantee shall be required to submit to the Executive Director monthly reports detailing evidence of compliance with the subcontractor participation requirement and the laborer participation requirement ("Participation Report"). The Participation Report shall contain such information as the Executive Director may reasonably require for the Executive Director to determine whether the Grantee is in compliance with the subcontractor participation requirement and the laborer participation requirement. d. DISPUTES. In the event of any disputes between the Executive Director and Grantee as to whether any subcontractor has its principal place of business in the City of Miami or whether a laborer resides in the City of Miami, and whether the Grantee has complied with the priority requirements, the Executive Director and Grantee shall proceed in good faith to resolve the dispute. In the event the dispute is not resolved within ten (10) days, either party may submit the dispute to the SEOPW CRA Board of Commissioners for resolution. The decision of the SEOPW CRA Board of Commissioners shall be binding on the parties. 7. COMPLIANCE WITH POLICIES AND PROCEDURES. The Grantee understands that the use of the Grant is subject to specific reporting, record keeping, administrative, and contracting guidelines and other requirements affecting the SEOPW CRA's activities in issuing the Grant. SEOPW CRA agrees to provide notice of said guidelines and other requirements to the Grantee in advance of requiring compliance with same. Without limiting the generality of the foregoing, the Grantee represents and warrants that it will comply, and the Grant will be used in accordance with all applicable federal, state, and local codes, laws, rules, and regulations. 8. REMEDIES FOR NON-COMPLIANCE. If Grantee fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terms contained in this Agreement, the SEOPW CRA shall have the right to take one or more of the following actions: Page 3of10 a. Withhold cash payments, pending correction of the deficiency by Grantee; b. Recover payments made to Grantee; c. Disallow (that is, deny the use of the Grant for) all or part of the cost for the activity or action not in compliance; d. Withhold further awards for the Project; or e. Take such other remedies that may be legally permitted. 9. RECORDS AND REPORTS/AUDITS AND EVALUATION. a. 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. Moreover, in furtherance of the SEOPW CRA's audit rights in Section 9(c) below, the Grantee acknowledges and accepts the SEOPW CRA's right to access the Grantee's records, legal representatives' and contractors' records, and the obligation of the Grantees to retain and to make those records available upon request, and in accordance with all applicable laws. The Grantee shall keep and maintain records to show its compliance with this Agreement. In addition, the Grantee's contractors and subcontractors must make available, upon the SEOPW CRA's request, any books, documents, papers, and records which are directly pertinent to this specific Agreement for the purpose of making audit, examination, excerpts, and transcriptions. The Grantee, its contractors and subcontractors shall retain records related to this Agreement or the Project for a period of five (5) years after the expiration, early termination, or cancellation of this Agreement. b. REPORTS. The Grantee shall deliver to the SEOPW CRA reports relating to the use of the Grant as requested by the SEOPW CRA, from time to time and as detailed herein. Failure to provide said reports shall result in Grant funds being withheld until the Grantee has complied with this provision. Thereafter, continued failure by the Grantee in providing such reports shall be considered a default under this Agreement. c. AUDIT RIGHTS. The SEOPW CRA shall have the right to conduct audits of the Grantee's records pertaining to the Grant and to visit the Project, in order to conduct its monitoring and evaluation activities. The Grantee agrees to cooperate with the SEOPW CRA in the performance of these activities. Such audits shall take place at a mutually agreeable date and time. d. FAILURE TO COMPLY. The Grantee's failure to comply with these requirements or the receipt or discovery (by monitoring or evaluation) by the SEOPW CRA of any inconsistent, incomplete, or inadequate information shall be grounds for the immediate termination of this Agreement by the SEOPW CRA. 10. REPRESENTATIONS; WARRANTIES; CERTIFICATIONS. The Grantee represents, warrants, and certifies the following: a. INVOICES. Invoices for all expenditures paid for by Grant shall be submitted to the SEOPW CRA for review and approval in accordance with the terms set forth in this Agreement. The Grantee, through its authorized representative, shall certify that work reflected in said invoices has, in fact, been performed in accordance with the Scope of Work and Project Budget set forth in Exhibits `B" and "C". b. EXPENDITURES. Funds disbursed under the Grant shall be used solely for the Project in accordance with the Scope of Work and Project Budget set forth in Exhibits `B" and "C". All expenditures of the Grant will be made in accordance with the provisions of this Agreement. c. SEPARATE ACCOUNTS. The Grant shall not be co -mingled with any other funds, and separate accounts and accounting records will be maintained. Page 4of10 d. POLITICAL ACTIVITIES. No expenditure of Grant funds shall be used for political activities. e. LIABILITY GENERALLY. The Grantee shall be liable to the SEOPW CRA for the amount of the Grant expended in a manner inconsistent with this Agreement. f. AUTHORITY. This Agreement has been duly authorized by all necessary actions on the part of, and has been, or will be, duly executed and delivered by the Grantee, and neither the execution and delivery hereof, nor compliance with the terms and provisions hereof: (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein; (ii) contravenes any existing law, judgment, governmental rule, regulation, or order applicable to or binding on any indenture, mortgage, deed of trust, bank loan, or credit agreement, applicable ordinances, resolutions, or on the date of this Agreement, any other agreement or instrument to which the Grantee is a party; or (iii) contravenes or results in any breach of, or default under any other agreement to which the Grantee is a party, or results in the creation of any lien or encumbrances upon any property of the Grantee. 11. NON-DISCRIMINATION. The Grantee, for itself and on behalf of its contractors and sub- contractors, agrees that it shall not discriminate on the basis of race, sex, color, religion, national origin, age, disability, or any other protected class prescribed by law in connection with its performance under this Agreement. Furthermore, the Grantee represents that no otherwise qualified individual shall, solely, by reason of his/her race, sex, color, religion, national origin, age, disability, or any other member of a protected class be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving financial assistance pursuant to this Agreement. 12. CONFLICT OF INTEREST. The Grantee is familiar with the following provisions regarding conflict of interest in the performance of this Agreement by the Grantee. The Grantee covenants, represents, and warrants that it will comply with all such conflict -of -interest provisions: a. Code of the City of Miami, Florida, Chapter 2, Article V. b. Miami -Dade County Code, Section 2-11.1. 13. CONTINGENCY. Funding for this Agreement is contingent on the availability of funds and continued authorization for Project activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, or change in regulations. The SEOPW CRA shall not be liable to the Grantee for amendment or termination of this Agreement pursuant to this Section. 14. MARKETING. a. PUBLICATION. In the event the Grantee wishes to engage in any marketing efforts, the Grantee shall, if approved by the SEOPW CRA in accordance with Section 14(b) below, produce, publish, advertise, disclose, or exhibit the SEOPW CRA's name and/or logo, in acknowledgement of the SEOPW CRA's contribution to the Project, in all forms of media and communications created by the Grantee for the purpose of publication, promotion, illustration, advertising, trade, or any other lawful purpose, including but not limited to stationary, newspapers, periodicals, billboards, posters, email, direct mail, flyers, telephone, public events, and television, radio, or internet advertisements, or interviews. b. APPROVAL. The SEOPW CRA shall have the right to approve the form and placement of all acknowledgements described in Section 14(a) above, which approval shall not be unreasonably withheld. c. LIMITED USE. The Grantee further agrees that the SEOPW CRA's name and logo may not be otherwise used, copied, reproduced, altered in any manner, or sold to others for purposes other than those specified in this Agreement. Nothing in this Agreement, or in the Grantee's use of the SEOPW CRA's name and Page 5 of 10 logo, confers or may be construed as conferring upon the Grantee any right, title, or interest whatsoever in the SEOPW CRA's name and logo beyond the right granted in this Agreement. d. SEOPW CRA CONSTRUCTION SIGN. The Grantee shall display, and cause to be displayed, at the Property, in a prominent, most visible area to the public, a sign displaying the SEOPW CRA logo, and the SEOPW CRA's monetary contribution to the Project ("Construction Signage"). The Grantee shall display, and cause to be displayed, the Construction Signage until the Project is complete. The Construction Signage shall be paid for by the Grantee and the Construction Sign specifications will be provided by the SEOPW CRA. The SEOPW CRA shall approve the location of the Construction Sign prior to its installation. 15. DEFAULT. If the Grantee fails to comply with any term or condition of this Agreement or fails to perform any of the Grantee's obligations hereunder, and the Grantee does not cure such failure within thirty (30) days following receipt of written notice from the SEOPW CRA that such failure has occurred, then the Grantee shall be in default. Upon the occurrence of such default hereunder the SEOPW CRA, in addition to all remedies available to it by law, may immediately, upon written notice to the Grantee, terminate this Agreement whereupon all payments, advances, or other compensation paid by the SEOPW CRA directly to the Grantee and utilized by the Grantee in violation of this Agreement shall be immediately returned to the SEOPW CRA. The Grantee understands and agrees that termination of this Agreement under this section shall not release the Grantee from any obligation accruing prior to the effective date of termination. 16. NO LIABILITY. In consideration for the Grant, the Grantee hereby waives, releases, and discharges the SEOPW CRA, the City of Miami, its officers, employees, agents, representatives, or attorneys, whether disclosed or undisclosed, any and all liability for any injury or damage of any kind which may hereafter accrue to the Grantee, its officers, directors, members, employees, agents, representatives, with respect to any of the provisions of this Agreement or performance under this Agreement. Any liability of the SEOPW CRA under this Agreement shall be subject to the limitations imposed by Section 768.28, Florida Statutes. 17. INDEMNIFICATION OF THE SEOPW CRA. The Grantee agrees to indemnify, defend, protect, and hold harmless the SEOPW CRA and the City of Miami from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "liabilities") for reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from or in connection with: (i) the performance or non-performance of the services, supplies, materials, and equipment contemplated by this Agreement or the Project, whether directly or indirectly caused, in whole or in part, by any act, omission, default, professional errors or omissions, or negligence (whether active or passive) of the Grantee or its employees, agents, or subcontractors (collectively referred to as "Grantee"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent, or contributing) by any act, omission, default, breach, or negligence (whether active or passive) of the SEOPW CRA, unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the SEOPW CRA; or (ii) the failures of the Grantee to comply with any of the paragraphs provisions herein; or (iii) the failure of the Grantee, to conform to statutes, ordinances, or other regulations, or requirements of any governmental authority, federal, state, county, or city in connection with the granting or performance of this Agreement, or any Amendment to this Agreement. Grantee expressly agrees to indemnify, defend and hold harmless the SEOPW CRA, from and against all liabilities which may be asserted by an employee or former employee of Grantee, any of subcontractors, or participants in the Program, as provided above, for which the Grantee's liability to such employee, former employee, subcontractor, or participant would otherwise be limited to payments under state Worker's Compensation or similar laws. The Indemnification shall survive the cancellation or expiration of the Agreement. Grantee shall require all subcontractors to comply with the provisions of this section. 18. INSURANCE. The Grantee shall, at all times during the term hereof, maintain such insurance coverage as provided in Exhibit "D", attached hereto and incorporated herein. All such insurance, including renewals, shall be subject to the approval of the SEOPW CRA, or the City of Miami (which approval shall not be Page 6 of 10 unreasonably withheld) for adequacy of protection and evidence of such coverage shall be furnished to the SEOPW CRA on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled, or materially changed during the performance of the Project under this Agreement without thirty (30) calendar days prior written notice (or in accordance to policy provisions) to the SEOPW CRA. Completed Certificates of Insurance shall be filed with the SEOPW CRA, to the extent practicable, prior to the performance of Services hereunder, provided, however, that Grantee shall at any time upon request by SEOPW CRA file duplicate copies of the policies of such insurance with the SEOPW CRA. Grantee shall require all contractors and subcontractors to comply with the requirements set forth in Exhibit D and further list the City and SEOPW CRA as additional insured on all corresponding liability policies. If, in the reasonable judgment of SEOPW CRA, prevailing conditions warrant the provision by Grantee of additional liability insurance coverage or coverage which is different in kind, SEOPW CRA reserves the right to require the provision by Grantee of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should Grantee fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following SEOPW CRA's written notice, this Agreement shall be considered terminated on the date the required change in policy coverage would otherwise take effect. Upon such termination, SEOPW CRA shall pay Grantee expenses incurred for the Project prior to the date of termination but shall not be liable to Grantee for any additional compensation, or for any consequential or incidental damages. 19. DISPUTES. In the event of a dispute between the Executive Director of the SEOPW CRA and the Grantee as to the terms and conditions of this Agreement, the Executive Director of the SEOPW CRA and the Grantee 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 SEOPW 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 Agreement. The Board's decision shall be deemed final and binding on the parties. 20. INTERPRETATION. a. CAPTIONS. The captions in this Agreement are for convenience only and are not a part of this Agreement and do not in any way define, limit, describe, or amplify the terms and provisions of this Agreement or the scope or intent thereof. b. ENTIRE AGREEMENT. This instrument constitutes the sole and only agreement of the parties hereto relating to the Grant, and correctly set forth the rights, duties, and obligations of the parties. There are no collateral or oral agreements or understandings between the SEOPW CRA and the Grantee 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. c. CONTRACTUAL INTERPRETATION. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. Page 7 of 10 d. COVENANTS. Each covenant, agreement, obligation, term, condition, or other provision herein contained shall be deemed and construed as a separate and independent covenant of the party bound by, undertaking or making the same, not dependent on any other provision of this Agreement unless otherwise expressly provided. All of the terms and conditions set forth in this Agreement shall apply throughout the term of this Agreement unless otherwise expressly set forth herein. e. CONFLICTING TERMS. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. f. WAIVER. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. g. SEVERABILITY. Should any provision 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, then such provision shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, that 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. h. THIRD -PARTY BENEFICIARIES. No provision of this Agreement shall, in any way, inure to the benefit of any third party so as to make 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. 21. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by both parties. 22. DOCUMENT OWNERSHIP. Upon request by the SEOPW CRA, all documents developed by the Grantee shall be delivered to the SEOPW CRA upon completion of this Agreement, and may be used by the SEOPW CRA, without restriction or limitation. The Grantee agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the SEOPW CRA to the Grantee pursuant to this Agreement shall at all times remain the property of the SEOPW CRA and shall not be used by the Grantee for any other purpose whatsoever, without the written consent of the SEOPW CRA. 23. AWARD OF AGREEMENT. The Grantee warrants that it has not employed or retained any person employed by the SEOPW CRA to solicit or secure this Agreement, and that it has not offered to pay, paid, or agreed to pay any person employed by the SEOPW CRA any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the Grant. 24. NON-DELEGABILITY. The obligations of the Grantee under this Agreement shall not be delegated or assigned to any other party without the SEOPW CRA's prior written consent which may be withheld by the SEOPW CRA, in its sole discretion. 25. CONSTRUCTION. This Agreement shall be construed and enforced in accordance with Florida law. 26. TERMINATION. The SEOPW CRA reserves the right to terminate this Agreement, at any time for any reason upon giving five (5) days written notice of termination to Grantee. If this Agreement should be terminated by the SEOPW CRA, the SEOPW CRA will be relieved of all obligations under this Agreement. In no way shall the SEOPW CRA be subjected to any liability or exposure for the termination of this Agreement under this Section. Page 8of10 27. NOTICE. 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 SEOPW CRA: To Grantee: James McQueen, Executive Director Southeast Overtown/Park West Community Redevelopment Agency 819 N.W. 2nd Avenue, 3' Floor Miami, FL 33136 Email: JMcQueen@miamigov.com With copy to: With copy to: Vincent T. Brown, Esq., Staff Counsel Email: VTBrown@miamigov.com Brian Zeltsman, Director of Architecture & Development Email: BZeltsman@miamigov.com Andrew K. Becerra Jr., President Poinciana Village Condominium Association, Inc. 7665 N.W. 50th Steet Miami, Florida 33166 28. INDEPENDENT CONTRACTOR. The Grantee, its contractors, subcontractors, employees, agents, and participants in the Project shall be deemed to be independent contractors, and not agents or employees of the SEOPW CRA, and shall not attain any rights or benefits under the civil service or retirement/pension programs of the SEOPW CRA, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the SEOPW CRA. 29. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 30. MISCELLANEOUS. a. In the event of any litigation between the parties under this Agreement, the parties shall bear their own attorneys' fees and costs at trial and appellate levels. b. Time shall be of the essence for each and every provision of this Agreement. c. All exhibits attached to this Agreement are incorporated in and made a part of this Agreement. IN WITNESS WHEREOF, in consideration of the mutual entry into this Agreement, for other good and valuable consideration, and intending to be legally bound, the SEOPW CRA and the Grantee have executed this Agreement. Page 9of10 ATTEST: By: Todd B. Hannon 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 By: James McQueen Clerk of the Board Executive Director APPROVED AS TO FORM AND APPROVED AS TO INSURANCE LEGAL SUFFICIENCY: REQUIREMENTS: By: By: Vincent T. Brown, Esq. Ann -Marie Sharpe Staff Counsel Director of Risk Management WITNESSES: By: Print: By: Print: POINCIANA VILLAGE CONDOMINIUM ASSOCIATION, INC., a Florida not for profit Corporation ("Grantee"): By: Andrew K. Becerra Jr. President Page 10 of 10