HomeMy WebLinkAbout25276AGREEMENT INFORMATION
AGREEMENT NUMBER
25276
NAME/TYPE OF AGREEMENT
SEOPW CRA & GREATER BETHEL AFRICAN METHODIST
EPISCOPAL CHURCH, OVERTOWN, MIAMI, FL, INC.
DESCRIPTION
GRANT AGREEMENT/BUILDING RENOVALTIONS/FILE ID:
15441/CRA-R-24-0003
EFFECTIVE DATE
November 22, 2024
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
11/25/2024
DATE RECEIVED FROM ISSUING
DEPT.
12/5/2024
NOTE
a5a,-1u2
GRANT AGREEMENT
NI
This GRANT AGREEMENT ("Agreement") is made as of this L I- day of November 2024 ("Effective
Date") by and between the 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 ("SEOPW CRA"), and GREATER BETHEL AFRICAN METHODIST EPISCOPAL CHURCH,
OVERTOWN, MIAMI, FL, INC., a Florida not -for -profit corporation ("Grantee") (collectively, the "Parties").
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 Update, as amended and restated (the "Plan"); and
B. WHEREAS, Section 2, Goal 6, of the Plan also lists "improving the quality of life for residents,"
as a stated redevelopment goal; and
C. WHEREAS, Section 2, Principle 10 of the Plan lists "trees and buildings must be attractive," and
D. WHEREAS, the Grantee owns that certain historic property, built in 1943, and located at 245
N.W. 8th Street, Miami, Florida, 33136, (Folio No. 01-010-3050-1140) ("Property"), and said property is in need
of structural and electrical repairs and related improvements (the "Project"); and
E. WHEREAS, the Grantee requested a grant from the SEOPW CRA in order to undertake the
structural improvement and rehabilitation of the Property; and
F. WHEREAS, the SEOPW CRA Board of Commissioners, by Resolution No. CRA-R-24-0003,
attached hereto as Exhibit "A," passed and adopted on January 25, 2024, authorized the issuance of a grant, in an
amount not to exceed Two Hundred Seventy -Three Thousand Three Hundred Twenty -Nine Dollars and Zero Cents
($273,329.00) (the "Grant") to the Grantee to underwrite costs associated with the Project; and
G. WHEREAS, the Parties wish to enter into this Agreement to set forth the terms and conditions
relating to the use of the Grant;
NOW THEREFORE, in consideration of the mutual promises of the parties contained herein and other
good and valuable consideration, receipt and sufficient 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.
3. USE OF GRANT. The Grant shall be used to underwrite costs associated with the Project, in
accordance with the approved Scope of Work and Budget ("Project Budget"), attached hereto as Exhibit "B." As
indicated on Section 5(e) of the 2007 Interlocal Agreement. the Grant shall be used solely towards structural and
electrical improvements to the Property.
Page 1. of 11
4. TERM. The term of this Agreement shall commence on the Effective Date written above and shall
terminate upon the earlier of full disbursement of Two Hundred Seventy -Three Thousand Three Hundred Twenty -
Nine Dollars and Zero Cents ($273,329.00), 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. The Term of the Restrictive
Covenant (Exhibit "C") signed in consideration for the Grant, shall remain in force, as stipulated in the Covenant,
even when Term of the Grant Agreement has been reached or the Grant has been disbursed in full.
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 the Grant amount. In no event shall payments to Grantee under
this Grant agreement exceed the Grant amount. Payments shall be made to Grantee or directly to vendors on behalf
of Grantee, only after receipt and approval of requests for disbursements. As indicated in the Restrictive Covenant
(Exhibit "C"), the disbursed funds shall be used exclusively for the rehabilitation of the Property.
b. PRE -APPROVAL OF EXPENSES. 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(s) sought to be incurred by the Grantee is an expense within the approved
Project Budget, attached hereto as Exhibit `B," and the SEOPW CRA reserves the right to deny any and all requests
it deems to be outside of the approved 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 approved
Project Budget and for expenditures incurred during the Term of this Agreement, as reflected in Exhibit "B." 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. 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 AND MOBILE PAYMENT TRANSACTIONS PROHIBITED. The Parties agree
that no payment will be made to Grantee as a reimbursement for any Project -specific expenditure paid in cash or
via mobile payment application(s), including, but not limited to, Cash App, Zelle, PayPal, and Venmo. Grantee
acknowledges that cash and mobile payment transactions are insufficient per se to comply with record -keeping
requirements under this Agreement.
Page 2 of 11
e. APPROVAL OF BUDGET MODIFICATIONS. Grantee agrees to submit any and all
budget modifications, in writing, including line -item expenditures and descriptions, which exceed the approved
budgeted amount, to the Executive Director for approval.
f. 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.
g. UNFORESEEN COSTS AND/OR CHANGE ORDERS. During the course of the Project,
should unforeseen costs and/or change orders arise that are not within, or exceed, the approved Project Budget,
Grantee shall immediately request cost approval by submitting a written request to the SEOPW CRA, stating the
reason for the unforeseen cost and/or change order with supporting documentation prior to incurring said cost(s).
Failure to submit said request(s) to the SEOPW CRA, and obtain express approval, prior to incurring expenses
shall result in the Grantee bearing all costs incurred. Grantee acknowledges that the SEOPW CRA has no obligation
to fund unforeseen costs or change orders that are not within, or exceed, the approved Project Budget, or which
will cause the amount of the Grant to be exceeded.
h. RETAINAGE. The SEOPW CRA shall retain ten percent (10%) 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 a Community Small Business Enterprise, as defined in Chapter 10-33.02 of the Code of Miami -Dade
County ("CSBE"), 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 CSBE 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
CSBE 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
Page 3 of 11
(10) days, either party may submit the dispute to the SEOPW CRA Board for resolution. The decision of the
SEOPW CRA Board shall be binding on the parties.
7. RESTRICTIVE COVENANT. In consideration for the Grant, Grantee agrees to execute and
record a restrictive covenant, in substantially the attached form set forth in Exhibit "C" ("Restrictive Covenant").
The purpose of the Restrictive Covenant Agreement, attached and incorporated hereto, is to ensure that the SEOPW
CRA shall have the right of first refusal to purchase the Property in the event Owner desires to sell the Property,
and 100% repayment of the Grant if Owner sells Property prior to issuance of certificate of completion or
occupancy, and that these obligations constitute a covenant running with the land and binding upon the Property
and Owner, its successor(s) and assignee(s).
8. COMPLIANCE WITH POLICIES AND PROCEDURES. 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. The SEOPW CRA agrees to provide
notice of said guidelines and other requirements to Grantee in advance of requiring compliance with same. Without
limiting the generality of the foregoing, 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. Grantee also agrees
to abide by any policies and procedures referenced in the Restrictive Covenant (Exhibit "C").
9. 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:
a. Withhold all payments, pending correction of the deficiency by Grantee;
b. Recover all 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.
10. 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 10(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. 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.
Page 4 of 11
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.
11. UNUSED FUNDS. Upon the expiration of the term of this Agreement, the Grantee shall transfer
to the SEOPW CRA any unused Grant funds on hand at the time of such expiration.
12. 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, identified below, shall certify that work reflected in said invoices has, in fact,
been performed in accordance with the approved Project Budget set forth in Exhibit "B."
b. EXPENDITURES. Funds disbursed under the Grant shall be used solely for the Project
in accordance with the approved Project Budget set forth in Exhibit "B." 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.
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.
g. PROJECT MANAGER. The Board of Directors of the Grantee, at a duly held meeting
has authorized Rev. Dr. Mark E. Crutcher of the Greater Bethel African Methodist Episcopal Church, Overtown,
Miami, FL, Inc. to undertake the duties, responsibilities, and obligations as stated in. this Agreement in the name
of and on behalf of the Grantee.
13. 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,
Page of 11
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.
14. 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.
15. 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.
16. 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 16(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 16(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
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. SEOPWCRA 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 Signage specifications will be provided by the SEOPW CRA. The
SEOPW CRA shall approve the location of the Construction Signage prior to its installation.
17. 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
Page 6 of 11
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.
18. 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.
19. 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 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.
20. INSURANCE. 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
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.
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.
Page 7 of 11
21. DISPUTES. In the event of a disputebetween the Executive Director of the SEOPW CRA and
the Grantee as to the terms and conditions of this Agreement, the Executive Director and the Grantee shall proceed
in good faith to resolve the dispute. If the foregoing 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 Board 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.
22. 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.
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. . ,
Page 8 of 1 i
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.
23. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in
writing and signed by both parties.
24. 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.
25. 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.
26. 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.
27. CONSTRUCTION. This Agreement shall be construed and enforced in accordance with Florida
law.
28. 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.
29. 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: Southeast Overtown/Park West Community Redevelopment Agency
James D. McQueen, Executive Director
819 N.W. 2nd Avenue, 3rd Floor
Miami, Florida 33136
Email: JMcQueen@miamigov.com
With copy to: Vincent T. Brown, Esq., Staff Counsel
Email: VTBrown@miamigov.com
Page 9 of 1.1
To Grantee:
Greater Bethel African Methodist Episcopal Church
c/o Rev. Dr. Mark E. Crutcher
245 N.W. 8th Street
Miami, Florida 33136
Email: RevMCrutcher@aol.com
30. INDEPENDENT CONTRACTOR. The Grantee, its contractors, subcontractors, employees,
agents, and participants in the Program 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.
31. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and
their respective heirs, executors, legal representatives, successors, and assigns.
32. MULTIPLE COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be
simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and
each of which shall be deemed to be an original. The facsimile or other electronically delivered signatures of the
parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed
to constitute duplicate originals.
33. 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.
[Signature Page Follows]
Page l0 of 11
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 on the day and year first above -written.
ATTEST:
By:
Na
odd B.
Title: Clerk of the Board
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By _--�
Name: Vincent T. Brown, Esq.
Title: Staff Counsel
WITNESSES:
By:
Print:
By: ,1'x,t i 1 i'. wY
Print: W t t i4e,S j(j I l,l' C4 (MS
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY, of the
City of Miami, a public agency and body corporate
created pursuance to Section 163.356, Florida Statutes
By:
Nam'ames D. McQueen
Title: Executive Director
APPROVED AS TO INSURANCE
REQUIREMENTS:
By:
Name: Ann -Marie Sharpe
Title: Director of Risk Management
GREATER BETHEL AFRICAN METHODIST
EPISCOPAL CHURCH, OVERTOWN, MIAMI, FL,
INC., a Florida not-for-profioration "Grantee"):
By:
Name: Rely. Dr. Mark E.
Title: Pastor
Page 11 of 11
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 on the day and year first above -written.
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY, of the
City of Miami, a public agency and body corporate
created pursuance to Section 163.356, Florida Statutes
A I I EST:
By: By:
Name: Todd B. Hannon
Title: Clerk of the Board
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
Name: Vincent T. Brown, Esq.
Title: Staff Counsel
WITNESSES:
By:
Print:
By: 4(
Print: ,t t S. �V_LtL1:Lam' wiS
Na n# James D. McQueen
Title: Executive Director
APPROVED AS TO INSURANCE
RE
UIRESigned by:MENTS:
—Docu
By Fra& Gewitiz)
Name A3ti Sharpe
Title: Director of Risk Management
GREATER BETHEL AFRICAN METHODIST
EPISCOPAL CHURCH, OVERTOWN, MIAMI, FL,
INC., a Florida not -for -profit +rporation ("Grantee"):
By:
Name: R. Dr.
Title: Pa or
Page 11 of 11.
+tei'%r
CA1"11CS11 --A
Southeast Overtown/Park West
Community Redevelopment Agency
Legislation
CRA Resolution: CRA-R-24-0003
File Number: 15441 Final Action Date:1/25/2024
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, BY A
FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE
EXECUTIVE DIRECTOR'S RECOMMENDATION AND FINDING THAT
COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT
PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTIONS 18-85 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED
BY THE SEOPW CRA; WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO
THE SEOPW CRA; 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, SUBJECT TO THE AVAILABILITY OF FUNDING, FROM
THE SEOPW CRA TAX INCREMENT FUND, "OTHER GRANTS AND AIDS,"
ACCOUNT CODE NO. 10050.920101.883000.0000.00000, IN AN AMOUNT NOT
TO EXCEED TWO HUNDRED SEVENTY-THREE THOUSAND THREE
HUNDRED TWENTY-NINE DOLLARS AND ZERO CENTS ($273,329.00), TO
GREATER BETHEL AFRICAN METHODIST EPISCOPAL CHURCH,
OVERTOWN, MIAMI, FL, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION
("GREATER BETHEL"), FOR STRUCTURAL AND ELECTRICAL REPAIRS AND
RELATED IMPROVEMENTS ("PURPOSE"), TO GREATER BETHEL AFRICAN
METHODIST EPISCOPAL CHURCH, LOCATED AT 245 N.W. 8TH STREET,
MIAMI, FLORIDA 33136; FOLIO #0101030501150; FURTHER AUTHORIZING
THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN
AGREEMENT, INCLUDING ANY AND ALL OTHER NECESSARY DOCUMENTS,
ALL IN FORMS ACCEPTABLE TO THE GENERAL COUNSEL, WITH GREATER
BETHEL FOR THE PURPOSE STATED HEREIN; PROVIDING FOR
INCORPORATION OF RECITALS AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW
CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is
responsible for carrying out community redevelopment activities and projects within its Redevelopment
Area in accordance with the SEOPW CRA 2018 Redevelopment Plan Update ("Plan"); and
WHEREAS, Section 2, Goal 1 of the Plan lists the "preservation of historic buildings and
community heritage" as a stated redevelopment goal; and
WHEREAS, Section 2, Principle 8 of the Plan states that "older buildings that embody the area's
cultural past must be restored"; and
WHEREAS, on August 24, 2007, the City of Miami, acting as General Counsel to the SEOPW
CRA, issued Formal Legal Opinion No. 07-014, opining that the SEOPW CRA may use Tax Increment
City of Miami Page 1 of 3 File ID: 15441 (Revision:) Printed On: 2/12'2024
CAI IIbI I H
File ID: 15441 Enactment Number: CRA-R-24-0003
Financing ("TIF") funds to repair or renovate churches within the redevelopment area for -the .purpose of
improving the community as a whole; and
WHEREAS, Greater Bethel African Methodist Episcopal Church, Overtown, Miami, FL, Inc., a
Florida not -for -profit corporation ("Greater Bethel"), owns Greater Bethel African Methodist Episcopal.
Church, located at 245 N.W. 8th Street, Miami, Florida 33136, Folio #0101030501140 (the "Property"),
located within the redevelopment area; and
WHEREAS, the Property, was built in 1943 and is designated as a Historic Site; and
WHEREAS, the Property is in need of structural and electrical repairs and related improvements
("Purpose"); and
WHEREAS, the Board of Commissioners wishes to authorize funding in an amount not to exceed
Two Hundred Seventy -Three Thousand Three Hundred Twenty -Nine Dollars and Zero Cents
($273,329.00) ("Funds") to Greater Bethel for said Purpose; and
WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the
aforementioned redevelopment goals and objectives; and
WHEREAS, based on the recommendation and findings of the Executive Director, it is in the
SEOPW CRA's best interest for the Board of Commissioners to authorize, by an affirmative four -fifths
(4/5ths) vote, a waiver of competitive sealed bidding procedures pursuant to Section 18-85 of the Code of
the City of Miami, Florida, as amended ("City Code"), as adopted by the SEOPW CRA, and to authorize
the Executive Director to negotiate and executive any and all agreements necessary, all in forms
acceptable to the General Counsel, with Greater Bethel for the Purpose stated herein and subject to the
availability of funds;
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. By a four -fifths (4/5th) affirmative vote, after an advertised public hearing, the
Executive Director's recommendation and written findings that competitive negotiation methods and
procedures are not practicable or advantageous to the SEOPW CRA, pursuant to Section 18-85 of the
City Code, as adopted by the SEOPW CRA, and waiving the requirements for said procedures is ratified,
approved, and confirmed.
Section 3. The Executive Director is hereby authorized' to disburse the Funds, at his
discretion, on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory
documentation from the SEOPW Tax Increment Fund, entitled "Other Grants and Aids," Account Code
No. 10050.920101.883000.0000.00000 to Greater Bethel or its vendors for the Purpose stated herein.
Section 4. The Executive Director is authorized' to negotiate and execute an agreement,
including any and all other necessary documents, all in forms acceptable to the General Counsel, with
Greater Bethel for said Purpose.
1 The herein authorization is further subject to compliance with all legal requirements that may be imposed,
including, but not limited to, those prescribed by applicable City Charter and City Code provisions.
City of Miami Page 2 of 3 File ID: 15441 (Revision:) Printed on: 2/12/2024
IZAhIbI I --Pk--
File ID: 15441 Enactment Number: CRA-R-24-0003
Section 5. Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the Executive Director, or the
Executive Director's designee, without need of public hearing, by filing a corrected copy of same with the
City Clerk.
Section 6. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY.:
e. aco nrS aFr ounsel 1/18/2024
City of Miami Page 3 of 3 File ID: 15441 (Revision:) Printed on: 2/12/2024
EXHIBIT "B"
Greater Bethel African Methodist Episcopal Church
245 NW 8th Street ♦ Miami, Florida 33136
Phone: (305) 371-9102 •
Email: GreaterBethelMiami245@gmail.com
Rev. Dr. Mark E. Crutcher - Senior Pastor
January 9, 2024
Greeting Bro. Brian Zeltsman and the CRA Board,
We are sending this communication to upgrade the request for funds for Greater
Bethel African Methodist Episcopal Church, Overtown, Miami, FL, Inc. We are
asking for funds from your organization to make needed repairs and upgrades to
meet the 40 Year Certification of the City of Miami.
We are humbly requesting $ 273, 329.00 to take care of the 40 Year certification
process for the ministry. We had an evaluation of our electrical system
conducted by Pelican Engineering Associates thathighlighted the electrical
repairs and upgrades that are needed. We are submitting proposals from
different contractors that give the scope of work that is to be completed.
A copy of the engineering report for Greater Bethel Ministries is included with
this request. If you have any questions concerning or requests, please contact us
at 305-371-9102. You can also reach me by phone at 850-426-3377 or email at
Greaterbethelmiami245 i&gmail. com.
The following is the Scope of Work involved in the renovations that are needed
for the 40 Year Certification of our property to be in adherence to code
regulations.
1. The Church Building's electrical and structural upgrades for 40-year
Certification, including stairway railing and Sanctuary upgrades.
a. Exterior Painting corking, sealing and repairs.
b. Sealing of the upstairs windows to prevent water intrusion.
c. Redesign of the Pulpit area electrical and structure with safety
measures.
Sincerely,
Dr. Mark E. Crutcher, Pastor
EXHIBIT "B"
BETHEL AME CHURCH RENOVATION
PROJECT BUDGET
0ga
MESSAM
ITEM
COST
1
SOFT COST
2
Design & Engineering
$ 16,050.00
3
4
General Contractor
5
Construction Managers Gen Conditions & GRs and fees
$ 54,665.80
6
Builders Risk
$ 1,491.77
7
Gen. Liability Insurance
$ 2,550.00
8
9
40 Year Re -Certification
10
Electrical Deficiency Repairs
$ 30,000.00
11
12
Fellowship Hall
13
Pulpit Renovations
$ 10,000.00
14
Ladies Restroom Repairs
$ 4,720.00
15
16
Main Sanctuary
17
Replace Pulpit HVAC Registers
$ 300.00
18
Pulpit Wall Painting
$ 2,850.00
19
Reconfiguration of Pulpit
$ 33,100.00
20
Pulpit Electrical Upgrades
$ 5,250.00
21
Stairwell Railing Resurface Anto-Slip
$ 1,100.00
###
Pulpit Kitchenette Plumbing
$ 1,430.00
###
Pastor's Office Lighting Upgrade
$ 1,321.00
###
Sanctuary Wall Repairs from Water Damage
$ 10,500.00
###
Replace Sanctuary Column Light Fixtures - 10
$ 3,100.43
###
###
Exterior
###
Replace 5 Double Exterior Doors
$ 12,170.00
###
Replace 9 Double Exterior Doors
$ 7,930.00
###
Wall Packs Repair/Replace
$ 1,800.00
###
Paint Exterior
$ 73,000.00
###
Total
$ 273,329.00
This is a budget proposal pending construction documents.
Project Cost subject to final design documents
Bond if needed 2% - Project is below Statutory $300,000
EXHIBIT "B"
BRINGING
DESIGNS
TO LIFE
PROPOSAL
GENERAL CONTRACTING SERVICES
GREATER BETHEL A.M.E. CHURCH
Greater Bethel Church
Miami, Florida
March 15, 2023
18300 NW 62"' Ave. Suite 320, Miami, FI 33015 I Tel: 877.963.7726 I Fax: 877.802.0674
www.messamconstruction.com
r'6REATER�ETHELCHURCH�am
B
EXHIBIT "B"
I BRINGING
DESIGNS
I TO LIFE
Dr. Mark Crutcher, Pastor
Greater Bethel Church
245 N.W. 8 Street
Miami, Florida 33136
RE: Greater Bethel Church Building Renovations
SUBJECT: Project Proposal
Rev. Dr. Crutcher:
MES5iAI1
Asset Builders, d/b/a Messam Construction, looks forward to making the improvements to the Greater
Bethel Church building.
As per your request, please see attached your proposal for this specific location: 245 NW 8th St, Miami.
We are available to begin at your earliest convenience.
Respectfully,
Wayne M. Messam, CGC, LEED AP, BD+C
Managing Partner & General Contractor
18300 NW 62 Ave, Suite 320, Miami, FI 33015 I Tel: 877.963.7726 I Fax. 877.802.0674
www.messamconstructioq.com
1>GREATER M�'�'��
BETHEL CHURCH SS_
EXHIBIT "B"
GREATER BETHEL CHURCH
245 N.W. 8 Street Miami, Florida
KEY SCOPES: ..
Exterior Painting — Structural Repairs - Window Sealing - Electrical
PROJECT: Greater Bethel Church — Electrical and Structural Upgrades, Repair of Doors, Exterior
Painting and Windows Sealing, Security Lighting for 40 Year certification LOCATION: 245 N.W. 8
Street Miami, Florida 33136
DIVISION 9: PAINTING AND PROTECTIVE COATINGS Description of Work: We have been
requested to provide a Proposal for the Exterior Painting Services at the Great Bethel Church,
located in Miami, FI. - Services include preparations, pressure cleaning, caulking at all windows
and doors, application of protective base primer, and application of topcoat finish. Although
there is a new roof there seems to be a leak coming from a window at the back of the facility,
causing water damage. We are also scheduled to conduct waterproofing repairs to correct this.
ELECTRICAL Description of Work: Electrical upgrades for 40 Year Certification
- All work to be coordinated with the client - All products and colors as per approval
Budget by Item : Services Item 1. Exterior Painting Services Item 2. Window Waterproofing
repair SCOPE OF WORK -MOBILIZATION OF EQUIPMENT AND PERSONNEL -PREPARE SURFACE
TO BE SERVICED -CLEAN/PRESSURE CLEAN ALL SURFACES TO BE SERVICED -REPAIR ANY MINOR
HAIRLINE CRACKS AND SCRATCHES -WINDOW WITH LEAK TO BE EVALUATED -REMOVAL OF
OLD MATERIAL AND APPLICATION OF NEW WATERPROOFING JOINT MATERIAL -APPLY
CAULKING AROUND ALL WINDOWS AND DOORS AS NEEDED -APPLICATION OF PROTECTIVE
BASE PRIMER -APPLICATION OF SW TOP COAT FINISH -CLEAN UP OF ALL RELATED DEBRIS
INCLUDED: All building perimeter, all stucco walls, accents, eyebrows, parapet, window
waterproofing, and all as specified.
18300 NW 62 Ave, Suite 320, Miami. FI 33015 i Tel: 877.963.7726 f Fax: 877.802.0674
www.messamconstruction.com
GREATER E 'A
BETHEL CHURCH
EXHIBIT "B"
NOT INCLUDED: Metals, floors, special signs, or anything not mentioned above or ified. gc
BRINGING
DESIGNS
TO LIFE
a: a
MESSAM
ACTIVITY QTY RATE AMOUNT -PRICES INCLUDE ALL FURNISHED LABOR, MATERIAL, SUPPLIES,
INSURANCE COVERAGE OF UP TO 4 MILLION AND LIABILITY, WORKERS COMPENSATION,
OVERHEAD AND LABOR WARRANTY GUARANTEE UNDER MANUFACTURER'S WARRANTY. PRICE,
LABOR, AND SCOPE OF WORK BASED ON SPECIFICATIONS PRESENTED. IF YOU REQUIRE TO BE
ADDITIONAL INSURED, PLEASE CALCULATE AN ADDITIONAL $200.00
Anticipated Schedule: TBD -This time period is determined by the client's schedule, executed as
of the time of "Notice to Proceed", and will be required to be altered only in cases where
scheduling is affected for causes beyond our control, such as weather, government
intervention, injury, or acts of God.
WE ARE A SMALL BUSINESS ENTERPRISE CERTIFIED BY MIAMI DADE COUNTY, SBBC AND MDCPS
SCHOOL BOARD FOR THE FOLLOWING: MICRO/SBE, MBE, M/WBE, CSBE LEVEL 1, INDUSTRIAL
WASTE, AND LDB CERTIFIED. WE ARE A LEAD SAFE CERTIFIED FIRM WITH AN OSHA TRAINED
AND CERTIFIED STAFF. ALL CERTIFICATIONS AVAILABLE UPON REQUEST.
Customer agrees to pay all costs and expenses incurred collecting any amounts due under this
agreement, including reasonable attorney's fees and all incurred costs and associated expenses.
A charge of $25.00 will be added to all checks returned for insufficient funds. Any balance due
under this agreement and/or Invoice will incur interest at the rate of 1.5% per month.
18300 NW 62nd Ave, Suite 320, Miami, FI 33015 1 Tel: 877.963.7726 I Fax: 877.802.0674
www_messamconstruction.com
'GREATER
T BETNELCHURCH SS
EXHIBIT "B"
BRINGING
DESIGNS
I TO LIFE
PROPOSAL
MESSAM
12% of Bid Price includes funds for 40 year recertification report, Permitting expenses, Insurance
Bonds, Asbestos survey and mitigation if needed, and Boundary Survey.
Exclusions:
Pressure Cleaning Entire Wall and Apply Waterproofing (By contracting)
NOT INCLUDED:
Metals
railings floors
special signs or anything not mentioned above or specified.
No removal contaminated/Deleterious materials
Surveying as-builts/Layout
No additional boring or surveying
Testing
Permit Fees
Soil not tested
Note:
Please find Electrical Evaluation Report attached as Exhibit A
Our Lump Sum Bid Price is as follows: $273,329.00.
18300 NW 62`'Ave. Suite 320, Miami, FI 33015 I Tel: 877.963.7726 I Fax: 877.802.0674
www.messamconstruction.com
GREATER MES'AM
----GREATER
BETHEL CHURCH
EXHIBIT "B"
CRONIN ENGINEEIUNG, INC.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
November 27th, 2019
Greater Bethel AME Church and Community Development Center
243 and 245 NW 8th Street
Miami, FL 33136
Re: 40-Year Certification - Inspection Report
Inspectors: Mr. Derek Cronin, P.E. — Structural Engineer
Mr. Leonardo Duran, Structural Engineer
Inspection Period: November 7-8th, 2019.
To Whom It May Concern:
After several inspections, we now submit this Structural Inspection Report with the
purpose of initializing the repair process for obtaining the 40-year certification from Miami Dade
County, Florida.
This report is accompanied by the "MINIMUM INSPECTION PROCEDURAL GUIDELINES
FOR BUILDING STRUCTURAL RECERTIFICATION" as well as the "GENERAL
CONSIDERATIONS" provided by the City of Miami Beach, filled out in the applicable parts
accordingly.
"As a routine matter, in order to avoid possible misunderstanding, nothing in this report should
guarantee for any portion of the structure. To the best of my knowledge and ability, this report
represents an accurate appraisal of the present condition of the building based upon carefi.rl
evaluation of observed conditions, to the extent reasonably possible."
The building structure of Greater Bethel AME Church is currently in good condition but some
repairs are necessary for completing the 40-year certification process in order to assure the
structure can comfortably last you a further 10 more years until the next 50-year recertification
assessment is necessary.
Full report starts on the following sheet of this 21 page packet.
Sincerely,
Derek Digitally signed by
Derek Cronin
Cronin Date:2019.1127
1237:13-05W
Derek P. Cronin, PE # 033419
Principal
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 e Phone 239.593.2157 • Fax 239.593.8820
EXHIBIT "B"
CRONIN ENGINEERING, INC.
1
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
MAIN CHURCH BUILDING (GREATER BETHEL AME)
GENERAL
Our engineer inspected both structures within the property, Greater Bethel AME Church which
shares the main church structure temporarily with First United Methodist Church, as well as the
adjacent smaller structure within the same property, a Development Center. Our inspections
consisted solely of visual means with no destructive testing and were thoroughly executed
throughout the entire external envelope of the building with particular attention to concrete spall
or cracks, as well as all interior areas with particular attention to ceilings for things such as water
stains or leaks, interior walls, columns and beams. Since in most instances structural members
like walls and columns or beams are dressed in the interior with some type of cover like
wallpaper or sheet -rock, damages on interior structural members however, cannot be seen unless
they are not dressed as described. The methods of inspections used included line -of -sight
damage spotting and light tapping with a hammer on areas suspected to contain concrete spall.
The tools used for the inspection include tape measure, light hammer, potent flash -light and
binoculars.
The mainchurch structure consists of a combination of reinforced concrete and steel roof
framing. There is no information available as to the type of foundation of the structure (deep or
shallow foundation). The roof in its entirety is composed of structural steel truss members
supported on either steel or reinforced concrete columns.
MAIN CHURCH STRUCTURE NORTH WING
Our engineer crawled into both attic spaces, one contained on the north portion where the central
air-conditioning unit is located, and the large attic of the main hall of the church. Both these attic
spaces consist of structural steel truss framing that are in good structural condition with no signs
of corrosion. The north attic does however, contain wooden 2x10 joists that act as bottom chords
for the diagonal steel trusses just above them spaced at 2 feet on -center, and are seemingly
supported by concrete tie -beams. These wooden framing members that support the ceiling
panels below them, in this north portion of the structure, are greatly deteriorated due to moisture
and eaten through termites. The termite issue in here is severe — the wood members are very
much eaten through and their design structural strengths have been substantially diminished.
This attic also lacks insulation. The wood planks above the trusses that form the roof diaphragm
and in turn support the tiles above them, are also in poor condition due to moisture and termites.
Because the main moment resisting frame is made of steel and the steel itself is in good
condition, this roof is not in danger of caving in, however if not restored soon, the wood
diaphragm from above will begin to collapse from the weight of the tiles and rainwater, and
water leaks will become a major issue. It is also essential for all wooden members that have
been diminished by termites to be replaced, including the wood planks from the roof diaphragm
itself. Once the new members have been installed it is essential that the entire property structure
be fumigated for termites so that this termite condition is contained or eliminated, and hence
cannot spread. Once this is cleared, all wood members of the structure should be treated with a
pre -approved anti -termite and moisture product. Any and all roof tiles and/or paper will have to
be properly replaced.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
D �T
EXHIBIT "B"
CRONIN ENGINEERING, INC.
COA #8597 •6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
2
MAIN CHURCH STRUCTURE EAST SIDE LOWER ROOF
On the east side of the main hall is found an extruded roof that adds about 6 feet of extra space to
the main hall. The roof of this extrusion contains no attic and is very clearly receiving water
damage all throughout. The water stains observed from the interior space is a clear indication of
the extensive water intrusion coming from above. This roof consists of wood rafters supporting
the roof diaphragm and tiles from above and is structurally connected to the main hall via this
roof. In similar fashion as the north wing repairs, the wood members of this roof must be
exposed as they are very likely facing the same termite and/or rotting due to moisture as the
other areas.
MAIN CHURCH STRUCTURE SOUTH-EAST WING, OFFICES
Similar conditions were found on the south-east wing of the church where the offices are located.
This area contains completely wooden roof trusses as well as wooden 2nd story floors. As
inspected in the attic of this area, it seems moisture here is just as or more abundant as in the
north portion of the church and the termite problem is just as bad. A similar repair procedure —
that of replacing and treating diminished wood members — is necessary for this south-east wing
as well.
This south-east wing is composed of 2nd story wood floors. It is possible that this wood structure
also contains termite eaten members and when reparation procedures begin it would be necessary
to explore this more in-depth.
MAIN CHURCH STRUCTURE INTERIOR & MAIN HALL
On the interior of the main church building can be seen some water stains up on the ceilings of
the main hall. These stain locations are particularly found along the north and south edges of the
main hall ceiling, adjacent to the north and south concrete walls that support the roof the
structure. When inside the attic space, our engineer found clear indications of water intrusion
coming from the wooden roof diaphragm, directly above those locations of stain as seen from the
interior ceiling below, along where this wood roof diaphragm meets the vertical frame -
supporting concrete wall(s). These indications are seen as water streaks that run down directly
onto the ceiling panels below. Although the steel trusses are intact, there are many wood -
members in this attic space that need be replaced and though luckily the termite problem found
in the north and south-east wings does not seem to have spread into wood members of this main
hall, there are however these particular locations where the vertical walls meet the horizontal
roof diaphragm, that are experiencing substantial water leakage. This may become a structurally
dire situation in the near future and thus cannot wait another 10 years for the 50111 year
recertification.
As seen from the interior of the main hall can also be seen a water stain on a ceiling panel
located slightly east from the center point of the ceiling. Checking for this water intrusion in this
location from within the attic also showed that the roof wood planks have been breached by
water. It would be necessary to replace this section of the roof diaphragm as well, along with all
paper and roof tiles from this section.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
EXHIBIT "B'°
CRONIN ENGINEERING, INC.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
3
MAIN CHURCH STRUCTURE INTERIOR, GENERAL
Aside from the water stained ceiling panels on those locations of the main church hall detailed in
the previous paragraphs, there are other structural members that require further exploration to
know the condition of the steel reinforcing bars within. The area in question refers to column
and beam structures located in the north-east region of the main church hall as one approaches
stairway. Concrete spall was seen abundantly in this area and it is likely that reinforcing steel
bars within the concrete may be corroded. Depending on the extent of the corrosion, the repair
of this 'would be chip these concrete areas to expose the steel, chasing the corrosion of the steel
bars until no more corrosion occurs, cleaning the bars for proper inspection and then replacing
them with new bars if the corrosion has eaten more than 10% the diameter of the steel cross-
section. Once all the corroded steel is replaced following engineering specifications, then the
bars would need to be coated with anti -corrosion paint and the concrete properly filled back in.
MAIN CHURCH STRUCTURE EXTERIOR ENVELOPE
Our engineer did a detailed walkthrough around the entire perimeter of the main church for
inspection of the structure as seen from outside. Because the structure consists of masonry walls
with concrete tie -columns and tie -beams, the types of damage being sought were mainly concrete
spall, concrete cracks, or masonry block cracks. These damages are usually indicators of either
foundation differential settlement, or movement of the structure caused either by hurricanes (or
strong wind events) or material deterioration that weakens their structural capacity and causes
rotations amongst the members. The tools used for this exterior inspection were
There were not too many of these damages found on the exterior walls except for a few random
locations. Because the damage of this type was limited it can be assumed that the foundations
have not had any significant differential settling or that past storms have not had too damaging
effects on the structure. It is necessary to point out however that significant cracks can be seen
on the external stair structures that lead to doors into the building on the east and west sides of
the main church. Most of these cracks have developed dirt and mildew such that they are clearly
outlined because of it. These cracks are not large nor do they appear to pose a danger to these
stairs. They are however large enough that they should be not be ignored and require repair, but
are narrow enough such that injection methods are probably not necessary. Because the cracks
are not too large, repair is a simple procedure where the contractor saw -cuts the crack along its
length in order to "widen" it and to a depth enough to where the crack is no longer visible. This
widened crack would then need to be thoroughly cleaned and filled with high -strength epoxy
along its entire length. There are a few cracks on the walls that would need this repair as well.
MAIN CHURCH STRUCTURE EXTERIOR ENVELOPE, WINDOWS
Most windows of the main church building are single mull awning windows that are showing
clear signs of having been stressed both by time as well as by wind. Most of the classic signs of
hurricane damage can be seen through most of the windows including but not limited to those of
frame rotation, frame movement, ingested gaskets, cracked and deteriorated gaskets, cracked
frame edges. Most other windows are specialty windows that cannot be opened. These windows
were inaccessible due to their heights or position on the structure but they were observed through
binoculars and are also showing the same damage. It is possible that the windows in the building
are a contributor to the humidity and water intrusion.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
EXHIBIT "B"
CRONIN ENGINEERING, INC.
4
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
DEVELOPMENT CENTER, SMALLER ADJACENT STRUCTURE
GENERAL
On the east side of the lot is the Development Center building, a smaller flat -roof structure which
we were told serves as an independent church on the first level and a relief -sanctuary for sex -
trafficking victims on the second level. This building consists of CMU walls with concrete tie -
columns and tie -beams. No information is available as to the type of foundation being used
(deep or shallow foundation), a seemingly concrete second story floor slab, and a concrete flat -
roof slab, both supported by either concrete or steel columns and beams. There was no central
air-conditioning unit throughout the entire building, all AC units were independent to each space
and their condensation/water expensed to the exterior of the building. This building was
thoroughly inspected by our engineer in the interior of both stories as well as the exterior and up
on the roof. All inspections were visual with no destructive testing using the same tools as those
used for the main church building.
BUILDING ROOF
Without a doubt the most significant issue of this structure is that of the building's roof slab
which is significantly breached and is allowing too much water intrusion all throughout. This
was evidenced by many large water stains seen from within on the second story. These water
stains on the ceiling second story ceiling were as large as three feet in diameter and their
coloration were light to dark brown signifying long and continuous leakage penetrating through
the roof level slab. Water is seeming penetrating through the second story floor slab as well,
apparently originating from the building roof. This was evidenced by clear water stains seen on
the ceiling panels of the interior of the first story, unlikely caused by any plumbing pipes since
the layout of the bathrooms on the second story does not appear to allow for this.
The roof was inspected from the exterior on the top where it was very clear that the concrete roof
slab has been deteriorated for a prolonged time period. This is evidenced by the wavy and pitted
surface when seen from a slanted line -of -sight at the edges of the roof. These "waves" or "pits"
are typical to structural slabs that have at locations, lost much of their resistive capacity due to
water intrusion that in turn happen mostly in places where water sits or "ponds" — the steel in
these locations of the slab where water ponding occurs, with time, receives constant amounts of
water and humidity which corrodes the reinforcing steel within and begin forming these "pits"
more pronounced as time progresses. This is progressive effect that begins with a breached
waterproofing membrane at the top of the slab and seeps in through small cracks in the concrete.
This water seepage and humidity then reach the reinforcing steel bars that begin to corrode. This
corrosion then cracks the concrete further forming not only new cracks but widening the older
ones as well. It then causes a chain reaction that when not stopped in good time can be a
dangerous and costly situation.
DOORS AND WINDOWS
The entrance door frames of the second level have been clearly eaten through by termites and
rotten due to moisture. The wood has been so diminished that in order to avoid moisture
penetration, attempts have been made to fill the frames with foam sealing products in the past.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
EXHIBIT "B"
CRONIN ENGINEERING INC.
5
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
Seemingly all windows of the structure have suffered significant deterioration due both to strong
wind events and that due to time. All windows show basically all signs of stress: frame rotation,
frame movement, ingested and cracked gaskets, etc. All the gaskets seen were cracked
throughout; frames were cracked along their edges clearly caused by wind, some to the point
where the window sills have been lifted off from the lintels below.
The water and moisture intrusion into this building through the second story roof and windows
and doors is severe and has most likely affected the reinforcing steel around the entire structure
in substantial amounts. The termite and moisture issue and the damage caused by storm events
have been detrimental to the door frames and windows and have clearly diminished their
capacity to resist the external elements. It is essential to make reparations to this structure and
have it restored to safe inhabiting conditions. It is necessary to have destructive testing done to it
in certain locations (such as exploratory concrete chipping) in order to see the extent of the
damage. Depending on the extent of the damage the concrete restoration procedures may vary —
it may be necessary to place post -shoring to some parts in order to ensure safety. It is also
necessary to replace doors and windows or at the least, door and window frames in order to halt
or reduce the moisture that is constantly seeping into the interior. The building roof
waterproofing system must be torn out and replaced entirely since the slab underneath must be
chipped from above in locations throughout its entirety. This is necessary because the steel
reinforcing bars within must be left without corrosion.
GENERAL CONCLUSIONS
The main church building structure, Greater Bethel AME, as well as the smaller adjacent
structure used as a Development Center, require significant of repairs in order for them to be able
to resist another 10 years of usage. The most pressing structural issue is that of water and
moisture intrusion into the building because this is where many more serious and dangerous
structural matters arise from. For the main church building the moisture is happening because of
wood members that have been rotting and eaten through by termites, as well as roofing paper and
tiles that are clearly allowing water in from above. For the smaller adjacent structure the
moisture is happening because the concrete roof slab has been for a very long time taking in
substantial amounts of water and moisture. Also, because termites have been eating through
wood members that form the frames of doors and windows. It is essential these wood and
concrete structural members be restored/replaced as soon as possible since given their current
condition, not only will they most probably not be able to withstand the strengths of a hurricane,
but also they may be at a point of deterioration where daily occupancy may become dangerous.
Please see attached pictures.
Sincerely,
Derek . Digitally signed by
,Derek Cronin
Cronin „ Date:2019.11.27
17:3737 -0SOU'
Derek P. Cronin, PE # 033419
Principal
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 o Phone 239.593.2157 • Fax 239.593.8820
EXHIBIT "B"
CRONIN ENGINEERING INC.
6
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
1) South Elev. view, main entrance
2) East Elev. view.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
EXHIBIT "B"
CRONIN FNGINEERING, INC.
7
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
3) West Elev. view.
IRereg11111I r1Rlrrrrr
1100111111111111111' I, I'
11111111111L{4lLLLL'....
11111111t1111 IIL111{1111
4) North Elev. view (picture rotated 90 degrees).
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
EXHIBIT "B"
CRONIN ENGINEERING, INC.
8
COA -'8597 • 6627 Willow Park Drive • Naples Florida 34 109 • Phone 239.593.2157 • Fax 239.593.8820
5) Main church, main hall attic space, North end.
Can be seen the water streaks that run down from
wooden roof diaphragm system above.
6) Main church, main hall attic space, North end.
Can be seen the water streaks that run down from
wooden roof diaphragm system above.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
EXHIBIT "B"
CRONIN ENGINEERING, INC.
9
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
7) Main church, main hall attic space, East direction view. Can be seen steel truss system in good
condition but wooden roof diaphragm system above with several moisture -ridden wooden members.
8) Main church, main hall attic space, North end view. Can be seen steel the wooden roof diaphragm
system above the steel trusses with several moisture -ridden wooden members.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
EXHIBIT "B"
CRONIN ENGINEERING, INC.
10
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
9) Main church, main hall attic space, South end. Can be seen the water streaks that run down from wooden
roof diaphragm system above.
10) Main church, AC unit attic space north region roof system. Can be seen the water streaks that run down
from wooden roof diaphragm system above, wood planks from the roof diaphragm above that are moisture -
ridden (early stages of wood -rot). The steel trusses are in good condition.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
EXHIBIT "B"
CRONIN ENGINEERING INC.
11
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
11) Main church, AC unit attic space north region roof system. Can be seen the wood planks from the roof
diaphragm above that are moisture -ridden (early stages of wood -rot). Some would planks are already in the
full rotting stage. The steel trusses are in good condition.
12) Main church, AC unit attic space north region roof system. Can be seen the 2x10 wood joists that act
as bottom chords for roof trusses, many in deteriorated condition due to moisture and termites.
1111111111111.-7
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
EXHIBIT "B"
CRONIN ENGINEERING, INC.
12
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
13) Main church, AC unit attic space north region
roof system. Can be seen the 2x10 wood joists that.
act as bottom chords for roof trusses, the wood
dust left behind by termites eating through.
14) Main church, AC unit attic space north region
roof system. Can be seen the 2x10 wood joists
that act as bottom chords for roof trusses, the
wood member completely eaten through by the
termites. (Picture rotated 90 degrees clockwise)
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
EXHIBIT "B"
CRONIN ENGINEERING, INC.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
15) Main church main hall, interior water stains, north end of hall.
16) Main church main hall, interior fixed windows, south end, can be see moisture stains and peeling all around
the window.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
EXHIBIT "B"
CRONIN ENGINEERING, INC.
14
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
17) Main church main hall, east side lower roof, can 18) Main church main hall, east side lower roof, can
be seen extensive water leakage from the roof above. be seen extensive water leakage from the roof above.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
EXHIBIT "B"
CRONIN ENGINEERING, INC.
15
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
19) Main church main hall, NE side entering the
stairway, can be seen much column and beam
deterioration due to water and moisture.
20) Main church main hall, NE side entering the
stairway, This part of the ceiling panels collapsed and
were later exposed. Can be seen not only the damage
to columns and beams around, but also the attic wood
members in rotting condition.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
EXHIBIT "B"
CRONIN ENGINEERING, INC.
16
COS .8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.215 7 • Fax 239.593.8820
21) Main church, SE structure where offices are located. Can be seen the wood truss members moisture -
ridden, at early stages of rot.
22) Main church, SE structure where offices are located. Can be seen the wood truss members moisture -
ridden, at early stages of rot.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
EXHIBIT "B"
CRONIN ENGINEERING, INC.
17
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
23) Main church, SE structure where offices are located. Can be seen most wood truss members severely
eaten by termites as well as the termite wood dust all throughout.
24) Main church, SE structure where offices are located, an opening of the ceiling from below. Can be
seen the wood truss members moisture -ridden, at advanced stages of rot.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
EXHIBIT "B"
CRONIN ENGINEERING, INC.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
18
25) Smaller adjacent structure, South east view
26) Smaller adjacent structure, 2nd story, can be seen extensive ceiling water stains.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
EXHIBIT "B "
CRONIN ENGINEERING INC.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
19
27) Smaller adjacent structure, 2nd story, can be seen extensive ceiling water stains.
28) Smaller adjacent structure, 2°d story building roof from top, can be seen extensive "waving" and
"pitting" as well as the deteriorated condition of the waterproofing membrane.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
EXHIBIT °'B"
CRONIN EB GI NEERING INC.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2 (57 • Fax 239.593.8820
20
29) Smaller adjacent structure, 2nd story, door wood
frames eaten through by termites and attempted
previously to be filled in with foam.
30) Smaller adjacent structure, 2nd story, windows
all in similar condition, can be seen the cracked
edges, lifted edges of the concrete lintel, window
frames rotated, etc.
COA #8597 • 6627 Willow Park Drive • Naples Florida 34109 • Phone 239.593.2157 • Fax 239.593.8820
EXHIBIT "B"
CITY OF MIAMI BUILDING DEPARTMENT
MINIMUM INSPECTION PROCEDURAL GUIDELINES FOR
BUILDING'S ELECTRICAL RECERTIFICATION
INSPECTION COMMENCED
DATE:
08/16/2022
INSPECTION COMPLETED
DATE _CM 7/2022
INSPECTION MADJ.RY
i
SIGNATURE:
PRINT NAME JOH FE
TITLE _Code Specialist
ADDRESS'4584 Mercantile Ave, Suite B. Naples. FI 34104
a. Name of Title: Greater Bethel Community Development Center
b. Street Address: 245 N.W.8th Street Miami, FL 33136
C, Legal Description:MIAMI NORTH PB 8-41, LOTS 14 TO 16 INC BLK 35, LOTS 4 & 13 THRU 17 BLK 35, LOT SI:
d. Owners Name: Greater Bethel AME Church
e. Owner's Mailing Address: 243 NW 8 St, Miami, FL 33101
Folio Number of Building: 01-0103-050-1140
. Building Code Occupancy Classification:
Present Use: Religious Worship, Residential living spaces/rooms.
1. General Description, Type of Construction, Size, Number of Stories, and Special Features
Additional Comment:
CBS construction, 2-story Sanctuary, 2-story attached office, 2 separate structures
These are two attached buildings with 2 electrical services a 800A, 3Ph and a 200A 1 PH, See
attached diagram, There are no outdoor electrical service disconnects and no placard to direct
emergency or service personnel to other electrical service.
E IRREGULAR
EXHIBIT "B"
GUIDELINES AND INFORMATION FOR RECERTIFICATION OF ELECTRICAL
SYSTEMS OF FORTY (40) YEAR STRUCTURES
1. ELECTRIC SERVICE Total of (7) grouped disconnects and (1) separate M.Bkr Panel
1. Size: Amperage (800A) 6 Fused) and (1) Molded Case Circuit Breaker (125A,3P)
2. Phase: L3ph J Single Phase (
3. Condition: Good ( ) Fair ( ) Needs Repair ( )
4. Comments: Service disconnects are locateed in a stairway and are not readilty accessible
require a ladder to access
2. METER AND ELECTRIC ROOM
1. Clearances: Meter Good ( X ) Service disconnects
�2 mments: NFPA 70 National Electrical Code Article 230.71
I.. 230.72 two to six as permitted shall be grouped
3. GUTTERS
1. Location: Interior stairway
See attached report
Requires Correction (X )
Shall be grouped
Good ( ) Requires Repair ( X )
2. Taps and Fill: split bolt type in gutter Good ( X )
3. Comments: See attached report of overheating at terminals
Requires Repair (
4. ELECTRICAL PANELS
1. Panel # ( K ) Location: KITCHEN
100A, single phase
2. Panel # ( S ) Location: STAGE
Good ( X ) Needs Repair
60A, single phase
Good ( X )
Needs Repair
Panel # ( N ) Location: NURSERY
100A, single phase, see report
Good ( )
Needs Repair (X )
4. Panel # (A ) Location: ADMINISTRATION
Good ( )
Needs Repair ( )
5. Panel # (C_1) Location: CLOSET
Good (
Needs Repair (X )
R6. Comments: See photo of panel C-1. A 12 AWG conductor from neutral bar to bonding
bushing, insulation melted and raceway discolored
5. BRANCH CIRCUITS
1. Identified:
2. Conductors:
Good (x )
Yes (
Deteriorated
Branch circuit directories need to identify connected Toad
i3. Comments:
Must be identified (x )
Must be replaced ( )
EXHIBIT "B"
6. GROUNDING OF SERVICE
Condition:
Comments: Verify rigid metal conduit is a grounding electrode as defined by section 250, we did
not observe required supplementary driven rod electrode when connected to cold
Good ( ) Repairs Required (X )
water pipe
7. GROUNDING OF EQUIPMENT
Condition:
Good ( ) Repairs Required ( x
Comments: Several electrical panels have equipment grounding conductors terminated to neutral
bar or screw that is supporting the enclosure, provide equipment ground bar kits as
needed
8. SERVICE CONDUITS/RACEWAYS
Condition:
Good ( X )
Repairs Required (
Comments:
9. SERVICE CONDUCTORS AND CABLES
Condition:
Comments:
10. TYPES OF WIRING METHODS
Condition:
Conduit Raceways:
Conduit PVC:
NM Cable:
BX Cable:
11. FEEDER CONDUCTORS
Good (X ) Repairs Required
Good ( X) Repairs Required (
Good ( ) Repairs Required (
Good ( ) Repairs Required (
Good ( X ) Repairs Required (
Condition: Good ( X) Repairs Required
Comments: PVC conduit used inside church (Area of Assembly) Article 518.4
12. EMERGENCY LIGHTING
Condition:
Good ( ) Repairs Required ( X )
omments: We observed a lack of interior emergency lighting fixtures
13. BUILDING EGRESS ILLUMINATION
Condition: Good ( Repairs Required
omments: We observed a lack of emergency lighting to the public way
(X )
14. FIRE ALARM SYSTEM
Condition: Certified July 2022 Good ( X ) Repairs Required ( )
IComments:
15. SMOKE DETECTORS
EXHIBIT "B"
Condition:
Comments:
N/A
Good ( ) Repairs Required (
16. EXIT LIGHTS
Condition:
;Comments:
Good ( ) Repairs Required (
Some egress doors and paths do not have illuminated exit signs, battery back-up
not operable.
17. EMERGENCY GENERATOR
Condition: N/A Good ( ) Repairs Required (
;Comments:
18. WIRING IN OPEN OR UNDER COVER PARKING GARAGE AREAS
Condition: N/A Good ( ) Repairs Required (
Comments:
19. OPEN OR UNDERCOVER PARKING SURFACE AND SECURITY LIGHTING
Condition: Good ( )
Comments: N/A
Illumination Required (
20. SWIMMING POOL WIRING
Condition:
Good ( ) Repairs Required ( )
Comments: N/A
21. WIRING OF MECHANICAL EQUIPMENT
Condition: Good ( ) Repairs Required ( X )
Comments: Equipment service disconnects do not have required work space NEC Article 110.26
22. GENERAL ADDITIONAL COMMENTS
Most all is not identified, rooms and spaces with electrical panels are not readily
_eCtrical„PgPugmint
accessible. Recently added Elevator Disconnect added a 7th Service Main. We suggest a main
breaker switchboard to replace 7 service mains or a new exterior main disconnect to feed the existing
auxiliary gutter and switches
SD: rtc:rv:09/01 /2000:40yrintranetsystem
EXHIBIT "B"
Project: Greater Bethel AME Church
243 Northwest 8th Street
Miami, FL 33136
Project Number 220513
Date: Aug 16, 2022
Subject: 40-year Evaluation and Observation of Electrical Equipment
Main Electrical Service at Sanctuary Building (See attached drawing)
Service Entrance
(1) Set of overhead drop conductors from Local Utility
(2) Parallel sets of service conductors (4) 500kcmil
Entry through the back of auxiliary gutter
Auxiliary gutter 8"x 8" x 60", NEMA 1, with split bolt tap conductors to service disconnects
Open air current transformers feed to CT meter via 1" rigid
Service 120/240V, 3 phase, with (7) main disconnects
Service disconnects located on stairway and partial landing not accessible
Doors on disconnects restricted to 90 degrees access
Service grounding electrode system appears to be new to (2) exterior ground rods
connected to a ground bar in auxiliary gutter with 1 AWG conductor.
No temperature variations in auxiliary gutter 88-degree max
No signs of overheating in auxiliary gutter
Very limited identification or circuit schedule
Branch Panels Sanctuary (See Attached Drawing)
Main #1
American Clark 240V, 200A, 2-pole, 3-wire, fused disconnect
Feeds to panel C-1 at Southeast closet (See Drawing)
Splice box below Main #1 feeds kitchen panel disconnect
Kitchen fed by 100A, 2-pole, circuit breaker rated 10,000 AIC
Fused disconnect 1 fed from service tap conductors via split bolt with (3) 4/0 AWG, Alum
2" rigid metal conduit used as ground path without bonding bushing for load side
conductors
Neutral bonded to enclosure with 6 AWG
Termination temperature 83 to 88 degrees, no visible signs of overheating
Multiple conductors under Toad side lugs. Lugs are listed for one wire per lug.
This disconnect is bonded to the grounding electrode system via ground bar in gutter
connected to new 2/0 AWG grounding electrode conductor.
EXHIBIT"B"
Main #2
General Electric TG4323, 240V, 100A, 3-pole, 3-wire, fused disconnect
Feeds Condensing Unit on west side
(3) 3 AWG from trough in PVC schedule 40 conduit with 8 AWG grounding conductor.
• Provide Main Bonding Jumper per table 250.102( C) (1) Correct Size 2/0 AWG
A/C disconnect not accessible due to chain link fence
Termination temperature 83 degrees no visible signs of overheating
High leg not identified
Main #3 (identified as NC East #1 and Fellowship Hall)
American Clark 240V, 100A, 3-pole,3-wire, fused disconnect fed with (3) 1 AWG
conductors
Feeder to 'Panel N' in Day Care room, via a 2-pole C.B. from air handler unit panel
Temperature 83 degrees no sign of overheating
High leg on C phase, Identify phase 'orange'
Main#4 A/C East #2
American Clark 240V, 100A, 3-pole, 3-wire fusible disconnect
(3) 1AWG to A/C condensing unit east
Service disconnect is not bonded, metallic rigid nipple grounding path to auxiliary gutter
without bonding fittings (bonding locknuts or bushings with bonding jumpers
Line side Terminal B phase shows insulation breakdown and conductor discoloration
shows signs of overheating. Terminal C shows signs of corrosion.
Disconnect backplate material breaking down and peeling away.
Engineers comment: We suggest replacing the equipment.
Main#5
125A, 10, Main Breaker, 24 circuit panel, fed from auxiliary gutter via split bolts with
(3) 1 AWG, 1-36 cu neutral via 1" rigid nipple
Bonding screw present at neutral bar with signs of arc flash, remove screw, clean surface
and provide new mechanical bonding jumper
Branch circuits not identified
Feeding branch circuits on ground floor
Temperature 84 degrees, no signs of overheating
Main #6
American Clark, 120/240V, 200A, 3-pole, 3-wire, fusible disconnect
(3) 3/0 AWG, no neutral, grounding via auxiliary gutter
Identified as A/C equipment
High leg on C phase, Identify phase 'orange'
B phase 95 degrees, signs of insulation overheating and need of repair
EXHIBIT "B"
!Main ##7
240V, 30, 3-wire, 125A, Molded Case breaker, (3) 1 AWG, no neutral conductor,
equipment grounding via 2" rigid metal conduit
Square D equipment surface mounted
(3) 1 AWG feeder to elevator machine room
No equipment grounding conductor in 2" EMT
Hi -leg phase not identified
Service disconnect is not bonded to grounding electrode system, No Jumper orbonding
fittings
Panel K (Kitchen) Photo 4016
150A, 10, 120/240V, Square D Main Lug Loadcenter
120/240V, 10, 24 branch circuit panel fed with (3) 1 AWG in EMT conduit
No equipment grounding conductor from disconnect
Neutral and grounding conductors are isolated in Loadcenter with various branch circuits
identified as receptacle & lighting outlets, coolers, hood etc.
Temperature 81 degrees, no signs of overheating
• Replace broken 30A rated receptacle outlet connected to panel fed with Type S,
10/3 cord protected by a 30A, 2-pole, circuit breaker
• Provide equipment grounding kit
There is no GFI protection of receptacle outlets in kitchen
Panel N (Nursery)
100A, 10, 120/240V, Square D Main Lug Loadcenter
120/240V, 10, 12 branch circuit panel fed with (3) 6 AWG
• Provide equipment ground bar in panel, separate grounded & grounding conductors
• Provide 1 pole breaker filler plate
Panel {Stage)
60A, 10, 120/240V, Main Lug, Loadcenter, Square D (fed from Main #5 service disconnect)
Feeder: (2) 3AWG, (1) 3AWG [N] THW, conductors in EMT conduit
• Panel requires an equipment ground bar, separate neutrals and grounding
conductors
Panel schedule unidentified
Building fire alarm system is fed from this panel
Panel C-1 (see exhibit 'A')
Located at closet by south entry door
125A, 10, Main Breaker, 120/240V, I.T.E., Loadcenter
This panel is fed from tap box adjacent to panel
Tap box feeds a 100A, 120/240V, 3-pole, A/C disconnect
Tap box fed with 250 kcmil aluminum from Main #1
There is a conductor connected to a bonding bushing feeding neutral on 60 AMP pan&
Conductor is overheating, insulation melted, repair required
EXHIBIT "B"
Elevator Machine Room
120/240V, 3-pole disconnect
Fed from Main service #7
(3) 1 AWG to elevator machine room 2" EMT
No temperature variations, 84°F degrees
All inspections up to date
Elevator cab lights fed from a fused disconnect origin unknown
Electric Service Administration Building
120/240V, 200A, 10 Utility voltage
Meter located on the North side of building
(1) 2" Riser with 3-3/0 AWG conductors connected via overhead service drop by FPL
Utility meter grounding electrode conductor 6 AWG in'/2' EMT to hub ground clamp, and
connected to a cold water pipe, we did not observe a supplementary electrode, Verify
Clamp integrity. No exterior service disconnect
Panel A {Service Administration Building}
Indoor panel fed from meter with 2" EMT with 3-3/0
200A, Square D, Main Breaker, 30 Circuit loadcenter
Neutral is bonded to enclosure via bonding screw
Various branch circuits unidentified {See Pictures)
Back-to-back of panel is a 120/240V,16 branch circuit identified as `Computer panel',
located in a water heater closet {No working clearance}
General For All Buildings
Exit lighting fixtures at some exits, only signage at others
Exit lights were tested for battery back-up nothing tested would work
Emergency lights non existing
One exit had a combination EM light but did not light with loss of power
Exterior A/C cu were not accessible, cage fencing surrounding units, disconnect observed
and did not have working clearance
Electrical closets and equipment rooms were used for storage, not readily accessible
Some exists blocked and chained off
Most electric panels were not identified and lacked panel directories
EXHIBIT
Exhibit 'A'
Refer to the back -fed 125A main breaker panel above and to the White 12 AWG, TW,
terminated to the raceway bonding bushing. It appears the neutral current is being carried
to the conduit system. This is an electrical hazard. The conduit is to be the equipment
grounding conductor. The panel is not identified, however we are calling this panel C-1
EXHIBIT "B"
Bame Building
245 Northwest 8th Street, Miami, FL 33186
Electrical Service
Service Voltage:120/240V, single phase, 3-wire
Overhead riser feeds a 400A rated meter can, nipples to a Zinsco 400 AMP fused switch.
This switch is protected with (2) 300 AMP fuses
This closet was full of storm shutters and was not made accessible for further observation
I could not verify grounding or remove covers
This fusible disconnect is feeding Panel B at the rear of building with 2'/2' EMT
No equipment grounding conductor present.
Panel B
MLO Gould panelboard
120/240V, single phase
Feeder conductors, (3) 500 Kcmil, THW insulation
No equipment grounding conductor, using conduit for ground path
di Provide equipment ground bar in panel, separate grounded & grounding conductors
Panel has a variety of manufacture circuit breakers
Panel schedule branch circuits not identified
This panel feed panel 'AC', an adjacent eight circuit panel with branch circuits identified as
window A/C's, with 4-two pole 15-AMP circuit breakers, no panel schedule identification
We observed panel B to have several parts of the branch circuit bus with discoloration,
most was from the half way down where the (2) 80A,2-pole breakers are across from each
other and down. We suggest replacing the interior if that is possible, in lieu of the whole
panel.
Small kitchen with GFI protected receptacle outlets
No fire alarm system in this building
No emergency lighting fixtures
Illuminated Exit lights are without battery back up
General For All Buildings
Exit lights at some exits, only signage at others
Exit lights were tested for battery back-up nothing tested would work
Emergency lights non existing
One exit had a combination EM light but did not Tight with loss of power
Exterior A/C cu were not accessible, cage fencing surrounding units
Disconnect observed did not have working clearance
Closets and equipment rooms were very cluttered
Some exists blocked and chained off
Most electric panels were not identified and lacked panel directories
Nothing burning except B phase at Main #6 and ground bushing at C-1
�11
0
{I
A
00
eou"
rn
co
9fel.
151
7" J Pt.hf" G. Rg
tSai
is
A
k.
pcz .4 c Atl't51L. c rioPJ
—eatt.c'De?Sfr
1
1
1
I
1
1
1
(t) vpi...
rn
x
co
co:
EXHIBIT "B"
Pelican Engineering Associates, Inc.
4584 Mercantile Avenue, Suite B Naples, FL 34104
(239) + -3333 C.rrtificate of Authorizations 30909
To Building Owner or Management,
As with many projects we observe like yours, and the those we observe following an
electrical failure, we want to offer something to consider from the point of industry
standards. I hope you find this information is useful.
1. Life expectancy of electrical equipment.
The general rule of thumb for electrical systems is a life expectancy of 20 to 30 years.
After that, you are in the "wear out period." When planning long-term plant expenditures
or electrical system retrofits, a good place to start is determining the age of your
electrical system. Once you know this, you can begin to anticipate when your equipment
is no longer operating per specification or is likely to fail completely.
Equipment Type
Expected Useful Life Period
(years)1
Transformers
25 to 30
Circuit Breakers
15 to 202
Switchboards/Switchgear
30 to 40
MCC / Motor Starters
20 to 30
Panelboards
30
Motors
18 to 25
Generators
5 to 20
UPS
10
Luminaire
20
Capacitors (Power Factor Correction)
17
VFDs
20
Cable/Wire
30 to 40
'Life expectancy info collected from ABB, CDA, CDM, IEEE Gold Book, and Siemens.
'By year 10, 50% of circuit breakers don't function properly per specs. By year
20, 90% don't function properly.
https.//www.p3-inc com/bfoq/entry/treat-your-electrical-equipment-like-your-automobile-tires
(The above is a rule -of -thumb as manufacturers differ within the ranges given above)
EXHIBIT "B"
1. Overview and condition of existing equipment.
Observation of Electric equipment consists of panelboards and circuit breakers of which
have doubled the life expectancy by industry standards counting the past 45 years. If
there are no records of maintenance and performance, by industry standards failure is
imminent. We use Thermal Imaging equipment during observation to note 'hot spots' in
the electrical system.
With anything made by man it requires periodic maintenance to function over time. If
you do not have a maintenance program, we can assist with building a program that is
outlined by the Electrical Industry. Some of this can be completed by your maintenance
personnel or local electrical contractor, other maintenance on a 5-year basis will need to
be made by a company qualified in electrical test. We suggest Industrial Electrical
Testing out of Jacksonville and based in Hallandale and are qualified to test and
maintenance your service equipment and its circuit breakers.
2. Recommendations for updating to meet current code requirements.
Codes are updated due to new safety measures from data collected to eliminate
hazards, and each code cycle due to new technology. See below some common
violations that may and may not directly apply, however should be considered when
making changes to the building or equipment replacement,
Code Violations per National Electrical Code, (National Fire Prevention Code, Chapter
70), and Electrical Safety in the Workplace 70E:
A) Egress from the rooms with metering equipment
B) Workspace in front of electrical metering and disconnects
C) Electrical rooms and spaces used for storage
D) Enclosures of electrical wiring is not accessible
E) Absence of lighting in metering rooms
F) Fire rating of walls adjacent to electrical rooms
G) The maximum number of service disconnects required
3. Engineers' final comments
Most of your equipment has surpassed the standard for equipment life
expectancy. It would be wise to consider a plan, in the very near future to replace
and upgrade the churches service equipment and the noted items addressed in
this report.
EXHIBIT "C"
Declaration of Restrictive Covenants
Folio No(s): 01-010-3050-1140
Prepared by, and after recording return to:
Vincent T. Brown, Esq.
SEOPW CRA, Staff Counsel
819 N.W. 2nd Avenue, 3`d Floor
Miami, Florida 33136
Tel: (305) 679-6800
Reserved for Recording
DECLARATION OF RESTRICTIVE COVENANTS
RUNNING WITH THE LAND
This DECLARATION OF RESTRICTIVE COVENANT (the "Covenant") made as of the
day of November 2024 ("Effective Date") by GREATER BETHEL AFRICAN METHODIST
EPISCOPAL CHURCH, OVERTOWN, MIAMI, FL, INC., a Florida not -for -profit corporation (the
"Owner") is in favor of the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY, a public agency and body corporate, created pursuant to Section
163.356, Florida Statutes (the "SEOPW CRA"),
RECITALS
WHEREAS, the Owner is the legal owner of fee simple title to that certain property located at 245
N.W. 8th Street, Miami, Florida, 33136, (Folio No. 01-010-3050-1140), as more particularly described on
Exhibit "A" attached hereto and incorporated herein (the "Property"); and
WHEREAS, the Property is a historic church, built in 1949, in the SEOPW CRA District; and
WHEREAS, the Owner requested a grant from the SEOPW CRA for structural and electrical
repairs and related improvements (the "Project"); and
WHEREAS, the SEOPW CRA Board of Commissioners, by Resolution No. SEOPW CRA-R-
24-0003, attached hereto as Exhibit "B," passed and adopted on January 25, 2024, authorized the
issuance of a grant, in an amount not to exceed Two Hundred Seventy -Three Thousand Three Hundred
Twenty -Nine Dollars and Zero Cents ($273,329.00) to the Grantee to underwrite costs associated with
the Project (the "Grant"); and
WHEREAS, pursuant to Resolution No. 23-0024, the Owner and the SEOPW CRA entered into a
Grant Agreement dated as of November 2024 (the "Agreement"), attached and incorporated herein as
Exhibit "C," setting forth the terms and conditions relating to the use of the Grant; and
WHEREAS, as a condition of the SEOPW CRA funding the Grant pursuant to the Agreement, the
Owner agrees to execute this Covenant, which shall constitute a covenant running with the land and binding
upon the Property and Owner, its successor and assignee.
NOW THEREFORE, in consideration of the Grant and the Agreement and other good and
valuable consideration, the Owner voluntarily covenants and the SEOPW CRA agrees, as follows:
1. Recitals: The Recitals and findings set forth in the Preamble of this Covenant are true and
correct; and are hereby adopted by reference thereto and incorporated herein as if fully set forth in this
1
EXHIBIT "C"
Declaration of Restrictive Covenants
Folio No(s): 01-010-3050-1140
Section.
2, Compliance with Agreement: The Owner covenants and agrees to strictly comply with the
terms and conditions of the Grant Agreement, a copy of which is attached hereto as Exhibit "B" and
incorporated by reference and made a part hereof. A default by Owner under the termsof the Agreement
not cured within the applicable grace period, if any, shall constitute a breach of this Covenant.
3. Use of Funding: Owner covenants and agrees that funds disbursed under this Grant shall
be strictly used for the rehabilitation of the Property in making certain structural and electrical repairs and
related improvements and will provide documentation upon request of the SEOPW CRA of work orders.
4. Right of First Refusal: Owner covenants and agrees that in the event Owner seeks to sell
or convey any interest in the Property or any interest in Owner during the Term, as hereinafter defined,
Owner shall provide the SEOPW CRA not less than thirty (30) days advanced notice of the proposed sale
together with a copy of the purchase agreement (the "Purchase Agreement") which notice shall be given in
accordance with Section 16 below. The SEOPW CRA shall have a right of first refusal (the "Right of First
Refusal") to purchase the Property or the interest in Owner on the same terms and conditions set forth in
the Purchase Agreement, however the SEOPW CRA shall have not less than sixty (60) days to close. The
SEOPW CRA must exercise its Right of First Refusal within thirty (30) days of receipt of notice from
Owner together with a copy of the Purchase Agreement. If the SEOPW CRA does not exercise the Right
of First Refusal, Owner may sell the Property or interest in Owner pursuant to the Purchase Agreement
subject to the terms of this Covenant. If the transaction does not close strictly in accordance with the terms
of the Purchase Agreement, the SEOPW CRA shall have a Right of First Refusal in connection with any
modification of the Purchase Agreement of any subsequent proposed sale. Any amendment to the Purchase
Agreement shall trigger requirement of a new Right of First Refusal notice. If SEOPW CRA purchases the
Property or the interest in Owner, the SEOPW CRA shall get a credit against the purchase price for the
unpaid balance of the Grant. The Right of First Refusal in favor of the SEOPW CRA shall apply to all
subsequent sales during the Term.
5. Sales Prior to Completion: At any time prior to the issuance of a certificate of completion
or certificate of occupancy, as appropriate, by the City of Miami for the entire Project to enable the Project
to be utilized for its intended purpose ("Completion"), if Owner (i) enters into a contract to sell the Property
or any portion thereof; (ii) enters into a contract to sell any interest in Owner; (iii) enters into a lease of
substantially all of the Property; or (iv) encumber the Property or any interest therein, other than a mortgage
in favor of the SEOPW CRA, then the Owner shall be obligated to repay to the SEOPW CRA one hundred
percent (100%) of the Grant paid to Owner within thirty (30) days of Owner entering into such agreement.
6. Sale of Property after Completion: After Completion, if Owner (i) enters into a contract to
sell the Property or any portion thereof; (ii) enters into a contract to sale any interest in Owner; (iii) enters
into a lease of substantially all the Property; or (iv) encumbers the Property or any interest therein other
than a mortgage in favor of the SEOPW CRA, Owner shall be obligated to repay to the SEOPW CRA
within thirty (30) days of such event an amount calculated as follows:
The amount of Grant divided by the number of days from Completion until the end of the
Term with such amount being multiplied by the number of days remaining in the Term
multiplied by 5.0 equals the amount of the Grant to be repaid to the SEOPW CRA within
thirty (30) days of the occurrence of such event.
7. Lien Right: If any amounts are not paid when due by Owner same shall bear interest at
twelve percent (12%).per annum from the date due until repaid and shall be secured by this Covenant and
shall constitute a lien on the Property. Owner shall also be liable to the SEOPW CRA for its reasonable
2
EXH I ; IT "C"
Declaration of Restrictive Covenants
Folio No(s): 01-010-3050-1140
attorney fees and, cost of collection efforts. The SEOPW CRA may foreclose its lien rights against the
Property in the same manner as a mortgage would be foreclosed, with lien rights having priority from the
date this Covenant is recorded.
8. Subordination: Any additional loans under the Project shall be and shall remain, at all
times, and in each and every respect, shall be subject and subordinate to the Security Instrument and other
Loan Documents, and to any and all renewals, amendments, modifications, supplements, extensions,
consolidations, and replacements thereof, including without limitation, amendments which increase the
amount of the indebtedness secured by the Loan Documents.
9. Term: This Covenant shall remain in full force and effect and shall be binding upon the
Property and Owner, and its successors and assigns until the later of (i) seventeen (17) years following
Completion of the Project; or (ii) March 31, 2042 (the "Term"). After the expiration of the Term, this
Covenant shall lapse and be of no further enforced and effect, except to the extent there are any funds
currently due from Owner to SEOPW CRA at the end of the Term.
10. Failure to Comply: The Owner agrees that its failure to comply with any aspect of this
Covenant which is not cured within thirty (30) days of written notice from the SEOPW CRA, shall result
in the Owner being required to reimburse the SEOPW CRA the full amount of the Grant.
11. Inspection and Enforcement: The Owner covenants and agrees that any designated
representative of the SEOPW CRA shall have the right any time during normal business hours toenter and
investigate the use of the Project to determine whether the conditions of this Covenant are being complied
with. Enforcement shall be by action against the parties or persons violating or attempting to violate any
terms in this Covenant. The SEOPW CRA, if a prevailing party in any action or suit pertaining to or arising
out of this Covenant, shall be entitled to recover, in addition to costs and disbursements allowed by law,
such sum as the Court may adjudge to be reasonable for the services of its attorney(s). This enforcement
provision shall be in addition to any other remedies available at law, in equity or both.
12. Remedies; Enforceability. The benefits of this Covenant shall inure to and may be enforced
by the SEOPW CRA and its successors and assigns. If a violation of any of the provisions hereof occurs
or is attempted, the SEOPW CRA may institute and prosecute any proceeding at law or in equity to abate,
prevent or enjoin any such violation or attempted violation; and to compel specific performance hereunder,
it being recognized that the SEOPW CRA cannot be adequately compensated by monetary damages in the
event of the Owner's default. No delay in enforcing the provisions hereof as to any breach or violation
shall impair, damage or waive the right of any party entitled to enforce the provisions hereof or to obtain
relief against or recover for the continuation or repetition of such breach or violation or any similar breach
or violation hereof at any later time or times.
14. Governing Law. This Agreement shall be governed by the laws of the State of Florida. •
15. Amendments. This Covenant shall not be amended, revised, or modified except by a
written instrument, executed by the parties hereto (or their successors in title), and duly recorded in the
official public records for Miami -Dade County, Florida.
3
13. Filing. Upon execution and delivery by the parties hereto, the Owner shall cause this
Agreement and all amendments and supplements hereto to be recorded and filed in the official public
records of Miami -Dade County, Florida, and in such manner and in such other places as the SEOPW CRA
may reasonably request and shall pay all fees and charges incurred in connection therewith. If the Owner
has failed to make any such filing, the SEOPW CRA may cause such document(s) to be filed.
EXHIBIT "C"
Declaration of Restrictive Covenants
Folio No(s): 01-010-3050-1140
16. Notice., Any notices required or permitted to be given under this Covenant shall be in
writing and ,shall be deemed to have been given if delivered by hand, sent by recognized overnight courier
(such as Federal Express), or mailed by certified or registered mail, return receipt requested, in a postage
prepaid envelope, and addressed as follows:
To SEOPW CRA: Southeast Overtown/Park West Community Redevelopment Agency
James D. McQueen, Executive Director
819 N.W. 2nd Avenue, 3rd Floor
Miami, Florida 33136
Email: JMcQueen n,miamigov.com
With copy to:
To Grantee:
Vincent T. Brown, Esq., Staff Counsel
Email: VTBrown@miamigov.com
miamigov.com
Greater Bethel African Methodist Episcopal Church, Overtown, Miami, FL, Inc.
Rev. Dr. Mark E. Crutcher
245 N.W. 8th Street
Miami, Florida 33136
Email: RevMCrutcher@aol.com
Notices personally delivered or sent via overnight courier shall be deemed given on the date of delivery and
notices mailed in accordance with the foregoing shall be deemed given upon receipt or the date delivery is
refused.
17. Severability. If any provision of this Covenant shall be invalid, illegal or unenforceable,
the validity, legality and enforceability of the remaining portions hereof shall not in any way be affected or
impaired thereby.
18. Multiple Counterparts. This Agreement may be simultaneously executed in multiple
counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed
to be an original.
19. Estoppel Certificates. From time to time the SEOPW CRA will execute and deliver an
estoppel certificate to Owner confirming the status of Owner's compliance with the terms and conditions
of this Covenant within ten (10) business days of written request from Owner. The estoppel certificate shall
state (i) that this Covenant is in full force and effect and has not been modified, supplemented or amended,
or if there has been any modifications that this Covenant is in full force and effect as modified and
identifying the modifications or if this Covenant is not enforceable, so state; (ii) whether the SEOPW CRA
has issued any written notice(s) of any default(s) by Owner under this Agreement which remain uncured,
and if so, stating the nature of the default(s); and (iii) whether the SEOPW CRA knows of any event with
the giving of notice or passage of time, or both, would constitute a default by Owner under this Covenant.
Any estoppel certificate required to be provided pursuant to this Covenant shall be made on behalf of the
SEOPW CRA by the Executive Director of the SEOPW CRA.
20. Entire Agreement: This Covenant and the Agreement constitutes the entire agreement and
understanding between the parties with respect to the subject matter hereof and there are no other
agreements, representations, warranties other than as set forth herein. This Covenant may not be changed,
altered, or modified except by an instrument in writing signed by the party against who enforcement of such
change would be sought.
[Declaration Signature Page Follows]
4
EXHIBIT "C"
Declaration of Restrictive Covenants
Folio No(s): 01-010-3050-1140
IN WITNESS WHEREOF, the SEOPW C
Covenants to be executed by its duly authorized officers
ATTEST:
: Todd B. Hannon
Title: Clerk of the Board
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
B�-
Name: Vincent T. Brown, Esq.
Title: Staff Counsel
WITNESSES:
5
W
Print: Ab-- Q
RA has caused this Declaration of Restrictive
herein on the day and year first above -written.
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT
AGENCY, of the City of Miami, a public
agency and body corporate created pursuance to
Section 163.356, Florida Statutes
By:
Name:es D. McQueen
Title: Executive Director
APPROVED AS TO INSURANCE
REQUIREMENTS:
By:
Name: Ann -Marie Sharpe
Title: Director of Risk Management
GREATER BETHEL AFRICAN METHODIST
EPISCOPAL CHURCH, OVERTOWN, MIAMI,
FL, INC., a Florida not -for -profit corporation
("Grantee"):
By:
Name: Re Dr. Mark E. C , tcher
Title: Pas •r
5
LXIllbi 1 "U"
Declaration of Restrictive Covenants
Folio No(s): 01-010-3050-1140
IN WITNESS WHEREOF, the SEOPW C
Covenants to be executed by its duly authorized officers
ATTEST:
By:
Name: Todd B. Hannon
Title: Clerk of the Board
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By: (7
Name: Vincent T. Brown, Esq.
Title: Staff Counsel
WITNESSES:
By:
Print: \ j i t (c$ , a;
By: karie4, "
7//leFejtjor
Print: Ai be' 1 V G loch
RA has caused this Declaration of Restrictive
herein on the day and year first above -written.
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT
AGENCY, of the City of Miami, a public
agency and body corporate created pursuance to
Section 163.356, Florida Statutes
By: .4"--N
Nam James D. McQueen
Title: Executive Director
APPROVED AS TO INSURANCE
RE
UltUNWS:
By:( FV'a.lak f 4(/')
Name Sharpe
Title: Director of Risk Management
GREATER BETHEL AFRICAN METHODIST
EPISCOPAL CHURCH, OVERTOWN, MIAMI,
FL, INC., a Florida not -for -profit corporation
("Grantee"):
By: r
Name: R v. Dr. Mar E. utcher
Title: Pastor
5
C;,L_,traiktf-i
EXHIBIT "C"
Declaration of Restrictive Covenants
Folio No(s): 01-010-3050-1140
EXIIIBIT "A"
Property Legal Description
Folio No. 01-010-3050-1140
MIAMI NORTH PB B-41
LOTS 13 TO 16 INC BLK 35 N
LOT SIZE 30000 SQ FT M/L
Declaration of Restrictive Covenants
Folio No(s): 01-010-3050-1140
EXHIBIT "C"
EXEIIBIT "B"
Resolution No. CRA-R-24-0003
Declaration of Restrictive Covenants
Folio No(s): 01-010-3050-1140
EXHIBIT "C"
EXIIIBIT "C"
Copy Grant Agreement
EXHIBIT "D"
INSURANCE REQUIREMENTS
NAMED INSURED:
GREATER BETHEL AFRICAN METHODIST EPISCOPAL CHURCH OVERTOWN
MIAMI, FLORIDA
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 1,000,000
General Aggregate Limit $ 2,000,000
Products/Completed Operations $ 1,000,000
Personal and Advertising Injury $ 1,000,000
B. Endorsements Required
City of Miami listed as additional insured
SEOPW CRA listed as additional insured
Contingent and Contractual Liability
Premises and Operations Liability
Primary Insurance Clause Endorsement
The City of Miami
Building Department
444 S.W. 2nd Avenue
Miami, Florida 33130-1910
Southeast Overtown Park West Community
Redevelopment Agency
819 NW 2nd Avenue, 3rd Floor
Miami, FL 33136-3907
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami & SEOPWCRA listed as additional insured
EXHIBIT "®"
Worker's Compensation
A. Limits of Liability
Statutory -State of Florida
Waiver of subrogation
IV. Employer's Liability
A. Limits of Liability
Bodily injury caused by an accident, each accident $ 1,000,000
Bodily injury caused by disease, each employee $ 1,000,000
Bodily injury caused by disease, policy limit $ 1,000,000
The above policies shall provide the City of Miami with written notice of
cancellation or material change from the insurer not less than (30) days prior to any
such cancellation or material change, or in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above.
Note: The company must be rated no less than "A-" as to management, and no less
than "Class V" as to Financial Strength, by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent.
All policies and /or certificates of insurance are subject to review and verification by
Risk Management prior to insurance approval.
aba,ui