HomeMy WebLinkAbout25562AGREEMENT INFORMATION
AGREEMENT NUMBER
25562
NAME/TYPE OF AGREEMENT
ASSISTANCE TO THE ELDERLY, INC.
DESCRIPTION
CDBG AGREEMENT/RESIDENTIAL PLAZA AT BLUE
LAGOON/MATTER ID: 24-6/#47
EFFECTIVE DATE
April 24, 2025
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
4/24/2025
DATE RECEIVED FROM ISSUING
DEPT.
4/29/2025
NOTE
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CITY OF MIAMI
DOCUMENT ROUTING FORM 2 5502
ORIGINATING DEPARTMENT: Community and Economic Development
DEPT. CONTACT PERSON: Maria T Ason MATTER #.L/-6,R. Pereira
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Assistance to the Elderly, Inc.
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO
TOTAL CONTRACT AMOUNT: $350,000 FUNDING INVOLVED? ❑ YES ® NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY): Execution of CDBG Grant Agreement for the rehabilitation of an assisted living facility Affordable
Housing (Elderly).
COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.:
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: HCLC approval 12/19/23
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'ROUTING INFORMATION:;
Date
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PLEASE PRINT AND/SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
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PRINT: Victor Turner, Dire t'or/ Roberto'
Tazoe, AssistantDiirector ,;;
v SIGNATURE: �u.�-.�_
SUBMITTED TO RISK MANAGEMENT
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PRINT: Ann -Marie S ,
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SIGNATURE:
SUBMITTED TO CITY ATTORNEY 1�� J/!S
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PRINT: George. K. ysong III
SIGNATURE: -j !�
APPROVAL BY ASSISTANT CITY MANAGER
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PRINT: Larry Sprin
SIGNATURE:
APPROVAL BY DEPUTY CITY MANAGER
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PRINT: Natas a Co oi
SIGNATURE:
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RECEIVED BY CITY MANAGER
PRINT: Arthur Noriega
SIGNATURE•
1) ONE ORIGINAL TO CITY CLERK,
2) ONE COPY TO CITY ATTORNEY'S OFFICE,%e��y�—
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT.
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SE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY
THE CITY MANAGER
CITY OF MIAMI, FLORIDA
DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") AGREEMENT
This Agreement (hereinafter the "Agreement") is entered into this Vicf day of
✓�J �" , 2025, between the City of Miami, a municipal corporation of the State of
Florida (hereinafter the "CITY"), & Assistance to the Elderly, Inc.
a Florida not for profit corporation (hereinafter referred to as the "SUBRECIPIENT").
FUNDING SOURCE:
IDIS # (If applicable):
AMOUNT:
TERM OF AGREEMENT:
PROJECT NUMBER:
ORACLE NUMBER:
AGENCY'S ADDRESS:
Community Development Block Grant (CDBG)
$ 350,000.00
Effective date of this agreement is See section 3.2
5617 NW 7th ST
MIAMI, FL 33126
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WITNESSETH
WHEREAS, the Scope of Work described in the Agreement is authorized through the
Act and the Resolution, with funding from the United States Department of Housing and Urban
Development; and
WHEREAS, the Subrecipient is the fee simple owner of the real property described in
Exhibit "A;" and
WHEREAS, the Subrecipient is rehabilitating an affordable housing project that will be
known as the Residential Plaza at Blue Lagoon Project and will rehabilitate one hundred seventy
nine (179) bed units ("Beds") located at 5716 Northwest 7 Street, Miami, Florida 33126, that will
increase the supply of rental housing units including units for Low and Moderate Income
Individuals and Households; and
WHEREAS, on, December 19, 2023, the HCLC approved an allocation of CDBG funds
in the total amount not to exceed of $350,000.00 to Subrecipient for the Project's rehabilitation
and construction costs; and
WHEREAS, the parties hereto have agreed to the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set
forth, the parties understand and agree as follows:
ARTICLE I
EXHIBITS AND DEFINITIONS
1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following
Exhibits:
Exhibit A Legal Description
Exhibit B Corporate Resolution Authorizing Execution of this Agreement
Exhibit C Scope of Work/Work Program
Exhibit D Budget Summary
Exhibit E Certification Regarding Lobbying Form
Exhibit F Certification Regarding Debarment, Suspension and other
Responsibility Matters (Primary Covered Transactions Form)
Exhibit G Crime Entity Affidavit
Exhibit H Insurance Requirements
Exhibit I Affirmative Marketing Procedures and Responsibilities
Exhibit J Signage Requirements
Exhibit K Rent Regulatory Agreement
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Exhibit L Declaration of Covenants
Exhibit M Disbursement Agreement
Exhibit N Anti -Human Trafficking Affidavit
1.2 DEFINED TERMS. As used herein the following terms shall mean:
Affordability Period: The period of time that the CDBG Assisted Bed Units must remain
Affordable. The Affordability Period for this Project will be thirty (30)
years, commencing on the Close -Out of the Project.
Affordable: A project or unit that satisfies the requirements set forth in 24 CFR Part
570, in the Rent Regulatory Agreement, and the Covenant.
Act OR 24 CFR 570: Title I of the Housing and Community Development Act of 1974, as
amended.
Agreement Records: Any and all books, records, documents, information, data, papers,
letters, materials, and computerized or electronic storage data and
media, whether written, printed, computerized, electronic or electrical,
however collected or preserved, which is or was produced, developed,
maintained, completed, received or compiled by or at the direction of
the SUBRECIPIENT or any subcontractor in carrying out the duties and
obligations required by the terms of this Agreement, including, but not
limited to, financial books and records, ledgers, drawings, maps,
pamphlets, designs, electronic tapes, computer drives and diskettes or
surveys.
CDBG Assisted Bed
Units: Of the Project's total three hundred and fifty (350) bed units, one
hundred seventy nine (179) bed units shall be CDBG Assisted Bed Units
or Affordable units that shall be occupied by Low Income
Households/Individuals and Moderate Income Households/Individuals.
The payable rents on the CDBG Assisted Bed Units are subject to the
Covenant(s) and the Rent Regulatory Agreement(s). Further
restrictions apply to the CDBG Assisted Bed Units as provided in and
this Agreement, the Covenant, the other CDBG Grant Documents and
the Legal Requirements, as applicable. The CDBG Assisted Bed Units
shall remain Affordable throughout the Affordability Period.
CDBG
Grant Documents: This Agreement and all other documents that may now or hereafter
evidence the CDBG Grant Funds together with other documents
executed in connection therewith or presented by the SUBRECIPIENT
to the City in connection therewith or herewith, including but not limited
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CDBG Program:
CDBG Requirements:
Close -Out of the Project:
Department:
Federal Award:
National Objective:
to Exhibits identified in Section 1.1 of this Agreement any of the
foregoing.
Community Development Block Grant Program.
The requirements contained in 24 CFR 570, Rule 91 of the Florida
Administrative Code and as established by the City of Miami, Florida.
The date on which the Project has obtained all of the required
Certificate(s) of Occupancy and all CDBG Assisted Bed Units have
been leased to eligible CDBG tenants.
The City of Miami Department of Housing and Community
Development.
Any federal funds received by the SUBRECIPIENT from any source
during the period of time in which the SUBRECIPIENT is performing
the obligations set forth in this Agreement.
All Activities funded with CDBG funds must meet one of the CDBG
program's National Objectives: benefit low and moderate -income
persons; aid in the prevention of slums or blight; or meet community
development needs having a particular urgency, as defined in 24 CFR
570.208.
Low and Moderate -Income
Household:
Legal Requirements:
U.S. HUD or HUD:
CDBG Funds:
Project:
Annual income does not exceed eighty percent (80%) of the median
income for the area, as determined by HUD, adjusted for family size.
The CDBG Requirements and all federal laws and regulations
pertaining thereto which are described or referenced in 24 CFR Part 570;
and requirements imposed by the City and all local, state and federal
requirements relating thereto and/or pertaining to the development,
construction and/or operation of the Project under the CDBG Program.
The United States Department of Housing and Urban Development.
The $350,000.00 paid to SUBRECIPIENT in exchange for
SUBRECIPIENT completing the activities described in the Scope of
Work set forth in Exhibit C.
Residential Blue at Residential Plaza is the rehabilitation of an existing
affordable housing residential rental building located at 5716 NW 7
Street, Miami, Florida. The project will have a total of three hundred
fifty (350) bed units. One hundred seventy nine (179) of the Project
Beds will be Affordable CDBG Assisted Bed Units and shall be
occupied by eligible tenants, as described herein, and all units consist
of one bedroom/one bathroom apartment units. The one hundred
seventy nine (179) CDBG-Assisted Bed Units shall be subject to the
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Property:
The Covenant:
Rent Regulatory
Agreement:
CDBG Requirements and the Grant Documents throughout the
Affordability Period. The Building on the Property shall be renovated
in accordance with the Project Schedule/Scope of Work and the plans
and specifications (attached hereto and incorporated herein as Exhibit
"B"), that will provide affordable housing opportunities in accordance
with HUD income guidelines.
The real property, and all improvements thereon, located at 5617 NW
7th St, Miami, FL 33126, in the County of Miami -Dade, State of
Florida, on which the Project is being rehabilitated, as legally
described in Exhibit "A," attached hereto and incorporated herein.
See Exhibit "L"
See Exhibit "K"
ARTICLE II
BASIC REQUIREMENTS
The following documents must be approved by the CITY and must be on file with the Department
prior to the CITY's execution of this Agreement:
2.1 The Scope of Work submitted by the SUBRECIPIENT to the CITY which shall become
attached hereto as Exhibit "C" to this Agreement and shall include the following:
2.1.1 The description section shall detail the activities to be carried out by the
SUBRECIPIENT. It should specifically describe the activities to be carried out as
a result of the expenditure of CDBG Funds. Where appropriate it should list
measurable objectives, define the who, what, where and when of the project, and in
general detail how these activities will ensure that the intended beneficiaries will
be served.
2.1.2 The schedule of activities and measurable objectives play an essential role in the
grant management system. The schedule should provide projected milestones and
deadlines for the accomplishment of tasks in carrying out the Work Program. These
projected milestones and deadlines are a basis for measuring actual progress during
the term of this Agreement. These items shall be in sufficient detail to provide a
sound basis for the CITY to effectively monitor performance by the
SUBRECIPIENT under this Agreement.
2.1.3 Should start-up time for the Work Program be required or in the event of the
occurrence of any delays in the activities thereunder, the SUBRECIPIENT shall
immediately notify the Department in writing, giving all pertinent details and
indicating when the Work Program shall begin and/or continue. It is understood
and agreed that the SUBRECIPIENT shall maintain the level of activities and
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expenditures in existence prior to the execution of this Agreement. Any activities
funded through or as a result of this Agreement shall not result in the displacement
of employed workers, impair existing agreements for services or activities, or result
in the substitution of funds allocated under this Agreement for other funds in
connection with work which would have been performed in the absence of this
Agreement.
2.2 The Budget Summary attached hereto as Exhibit "D".
2.3 A list of the SUBRECIPIENT's present officers and members of the Board (names,
addresses, and telephone numbers.)
2.4 A list of key staff persons (with their titles) who will carry out the Work Program.
2.5 Completion of an Authorized Representative Statement.
2.6 Completion of a Statement of Accounting System.
2.7 Omitted.
2.8 Job description and resumes for all positions funded in whole or in part under this
Agreement.
2.9 Copy of the SUBRECIPIENT's last federal income tax return (IRS Form 990).
2.10 The following corporate documents:
(i) Bylaws, resolutions, and incumbency certificates for the SUBRECIPIENT, certified
by the SUBRECIPIENT's Corporate Secretary, authorizing the consummation of the
transactions contemplated hereby, all in a form satisfactory to the CITY.
2.11 ADA Certification.
2.12 Drug Free Certification.
2.13 All other documents reasonably required by the CITY.
ARTICLE III
TERMS AND PROCEDURES
3.1 CITY AUTHORIZATION. For the purpose of this Agreement, the Department will act on
behalf of the CITY in the fiscal control, programmatic monitoring and modification of this
Agreement, except as otherwise provided in this Agreement.
3.2 EFFECTIVE DATE AND TERM:
This Agreement shall commence on the date of the City Clerk's attestation is affixed to this
Agreement, and ending at the expiration of the Affordability Period, unless this Agreement is
terminated sooner as provided for herein.
3.3 OBLIGATIONS OF SUBRECIPIENT. The SUBRECIPIENT shall carry out the services
and activities as prescribed in its Work Program, which is attached and incorporated herein and
made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in
accordance with the written policies, procedures, and requirements as prescribed in this
Agreement, and as set forth by HUD and the CITY.
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3.4 POLICIES AND PROCEDURES MANUAL. This Agreement is subject to the current
Federal regulations as may be amended. The SUBRECIPIENT is aware of and accepts the Policies
and Procedures Manual for Community Development Block Grant as the official document which
outlines the fiscal, administrative and federal guidelines which shall regulate the day-to-day
operations of the SUBRECIPIENT. The Policies and Procedures Manual for Community
Development Block Grant is incorporated herein and made part of this Agreement. The City of
Miami reserves the right to update this Policies and Procedures Manual via Program
Directives. These Program Directives and updated versions of this Policies and Procedures
Manual shall be incorporated and made a part of this Agreement.
3.5 LEVEL OF SERVICE. Should start-up time for the Work Program be required or in the
event of the occurrence of any delays in the activities thereunder, the SUBRECIPIENT shall
immediately notify the Department in writing, giving all pertinent details and indicating when the
Work Program shall begin and/or continue. It is understood and agreed that the SUBRECIPIENT
shall maintain the level of activities and expenditures in existence prior to the execution of this
Agreement. Any activities funded through or as a result of this Agreement shall not result in the
displacement of employed workers, impair existing agreements for services or activities, or result
in the substitution of funds allocated under this Agreement for other funds in connection with work
which would have been performed in the absence of this Agreement.
ARTICLE IV
FUNDING AND DISBURSEMENT REQUIREMENTS
4.1 FUNDS. The amount of CDBG Funds payable by the CITY to the SUBRECIPIENT shall
be pursuant to the rates, schedules and conditions described in Exhibit "D" attached hereto and
incorporated into this Agreement. The CDBG Funds shall be disbursed in the manner set forth in
that certain Disbursement Agreement, of even date herewith, to be entered into by the CITY and
the SUBRECIPIENT (the "Disbursement Agreement") a copy of which is attached hereto as
Exhibit "M".
4.2 INSURANCE. At all times during the term hereof, the SUBRECIPIENT shall maintain
insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the
SUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating that the
SUBRECIPIENT is in compliance with the provisions described in Exhibit "H-2" attached hereto
and incorporated into this Agreement.
At all times during the term hereof, the SUBRECIPIENT's contractor shall maintain insurance
acceptable to the CITY. Prior to commencing any construction activity under this Agreement, the
SUBRECIPIENT or their contractor shall furnish to the CITY original certificates of insurance
indicating that the SUBRECIPIENT is in compliance with the provisions described in Exhibit "H-
1" attached hereto and incorporated into this Agreement.
Failure to comply with these Insurance Requirements shall constitute an event of default and the
City may exercise any rights and/or remedies afforded to it pursuant to this Agreement, and/or
afforded to it in law or equity.
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4.3 FINANCIAL ACCOUNTABILITY. The CITY reserves the right to audit the records of
the SUBRECIPIENT at any time during the performance of this Agreement and for a period of
five (5) years after its expiration/termination. The SUBRECIPIENT agrees to provide all financial
and other applicable records and documentation of services to the CITY. Any payment made shall
be subject to reduction for amounts included in the related invoice which are found by the CITY,
on the basis of such audit and at its sole discretion, not to constitute reasonable and necessary
expenditures. Any payments made to the SUBRECIPIENT are subject to reduction for
overpayments on previously submitted invoices.
4.4 RECAPTURE OF FUNDS. The CITY reserves the right to recapture funds in the event
that the SUBRECIPIENT shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept
conditions imposed by the CITY at the direction of the federal, state and local agencies.
4.5 CONTINGENCY CLAUSE. Funding pursuant to this Agreement is contingent on the
availability of funds and continued authorization for CDBG Program activities, and is also subject
to amendment or termination due to lack of funds or authorization, reduction of funds, and/or
changes in regulations.
ARTICLE V
AUDIT REQUIREMENTS
5.1 As a necessary part of this Agreement, the SUBRECIPIENT shall adhere to the following
audit requirements:
5.1.1 If the SUBRECIPIENT expends $750,000 or more in federal funds during its fiscal
year, it shall have a Single or a Program -Specific Audit conducted for that year.
Such Audit must be conducted in accordance with General Accepted Government
Auditing Standards (GAGAS.)
a) Single Audit. A single audit must be conducted in accordance with 2 CFR
200.514 "Scope of Audit", except when the SUBRECIPIENT elects to have a
Program -Specific Audit conducted in accordance with paragraph b) of this
section.
b) Program -Specific Audit. When a SUBRECIPIENT expends federal awards
under only one federal program and the federal program's statutes, regulations,
or the terms and conditions of the federal award do not require a financial
statement audit of the SUBRECIPIENT, the SUBRECIPIENT may elect to
have a Program -Specific Audit conducted in accordance with 2 CFR 200.507
"Program -Specific Audits".
The auditor must:
(i)
Perform an audit of the financial statement(s) for the Federal program
in accordance to GAGAS;
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(ii) Obtain an understanding, of internal controls and perform tests of
internal controls over the Federal program consistent with the
requirements of 2 CFR 200.514(c) to ensure compliance with
procedures;
(iii) Perform procedures to determine whether the SUBRECIPIENT has
complied with Federal statutes, regulations, and the terms and
conditions of Federal awards that could have a direct and material effect
on the Federal program consistent with the requirements of 2 CFR
200.514(d).
(iv) Follow up on prior audit findings, perform procedures to assess the
reasonableness of the summary schedule of prior audit findings
prepared by the SUBRECIPIENT in accordance with the requirements
of 2 CFR 200.511 "Audit findings follow-up", and report, as a current
year audit finding, when the auditor concludes that the summary
schedule of prior audit findings materially misrepresents the status of
any prior audit finding; and
(v) Report any audit findings consistent with the requirements of 2 CFR
200.516 "Audit findings".
The auditor's report(s) must state that the audit was conducted in accordance
with this 2 CFR 200.507 "Program -Specific Audits" and include the following:
(i) An opinion (or disclaimer of opinion) as to whether the financial
statement(s) of the Federal program is presented fairly in all material
respects in accordance with the stated accounting policies;
(ii) A report on internal control related to the Federal program, which must
describe the scope of testing of internal control and the results of the
tests;
(iii) A report on compliance which includes an opinion (or disclaimer of
opinion) as to whether the SUBRECIPIENT complied with laws,
regulations, and the terms and conditions of Federal awards which could
have a direct and material effect on the Federal program; and
(iv) A schedule of findings and questioned costs for the Federal program
that includes a summary of the auditor's results relative to the Federal
program in a format consistent with 2 CFR 200.515 "Audit reporting",
paragraph (d)(1) and findings and questioned costs consistent with the
requirements of 2 CFR 200.515 "Audit reporting", paragraph (d)(3).
5 1.2 If the SUBRECIPIENT expends less than $750,000 in federal funds during its fiscal
year, it is exempted from federal audit requirements for that year and consequently
the audit cost is not a reimbursable expense. The CITY, however, may request the
SUBRECIPIENT to have a limited scope audit for monitoring purposes. These
limited scope audits will be paid for and arranged by the CITY and address only
one or more of the following types of compliance requirements: activities allowed
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or unallowed; allowable costs/cost principles; eligibility; matching, level of effort,
earmarking; and, reporting.
All reports presented to the CITY shall, where applicable, include sufficient information
to provide a proper perspective for judging the prevalence and consequences of the
findings, such as whether an audit finding represents an isolated instance or a systemic
problem. Where appropriate, instances identified shall be related to the universe and the
number of cases examined and quantified in terms of dollar value.
ARTICLE VI
RECORDS AND REPORTS
6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the CITY
to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program.
At a minimum, the following records shall be maintained by the SUBRECIPIENT:
6.1.1 Records providing a full description of each activity assisted (or being assisted)
with CDBG Funds, including its location (if the activity has a geographical locus),
the amount of CDBG Funds budgeted, obligated and expended for the activity, and
the specific provision in 24 CFR Subpart C of the CDBG Program regulations under
which the activity is eligible.
6.1.2 Records demonstrating that each activity undertaken meets one of the criteria set
forth in 24 CFR 570.208 of CDBG Program regulations. Where information on
income by family size is required, the SUBRECIPIENT may substitute evidence
establishing that the person assisted qualified under another program having
income qualification criteria at least as restrictive as that used in the definitions of
"low- and moderate -income person" and "low- and moderate -income household"
as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may substitute a copy of a
verifiable certification from the assisted person that his or her family income does
not exceed the applicable income limit established in accordance with 24 CFR
570.3; or the SUBRECIPIENT may substitute a notice that the assisted person is a
referral from any governmental agency that determines persons to be "low- and
moderate -income persons" based upon HUD's criteria and agrees to maintain
documentation supporting those determinations. Such records shall include the
following information:
(i)
For each activity determined to benefit low- and moderate -income persons,
the income limits applied and the point in time when the benefit was
determined.
(ii) For each activity which benefits are available to all residents in a particular
area, at least 51 percent of those residents must be low -and -moderate
income persons. Such area needs not be coterminous with census tracts or
other officially recognized boundaries, but must be the entire area served by
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the activity. An activity that serves an area that is not primarily residential
in character shall not qualify under this criterion.
(iii) For each activity determined to benefit low- and moderate -income persons
because the activity involves a facility or service designed for use by a
limited clientele consisting exclusively or predominantly of low -and
moderate -income persons:
a) Documentation establishing that the facility or service is designed
for and used by senior citizens, disabled persons, battered spouses,
abused children, the homeless, illiterate persons, or migrant farm
workers for which the regulations provide presumptive benefit to
low- and moderate -income persons; or
b) Documentation describing how the nature and, if applicable, the
location of the facility or service establishes that it is used
predominantly by low- and moderate -income persons; or
c) Data showing the size and annual income of the family of each
person receiving the benefit.
6.1.3 Equal Opportunity Records containing:
(i) Data on the extent to which each racial and ethnic group and single -headed
households (by gender of household head) have applied for, participated in,
or benefited from, any program or activity funded in whole or in part with
CDBG Funds. Such information shall be used only as a basis for further
investigation relating to compliance with any requirement to attain or
maintain any particular statistical measure by race, ethnicity, or gender in
covered programs.
(ii) Documentation of actions undertaken to meet the requirements of 24 CFR
570.607(b) which implements Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701 U), and 24 CFR part
75, relative to the hiring and training of low- and moderate -income persons
and the use of local businesses.
6.1.4 Financial records, in accordance with the applicable requirements listed in 24 CFR
570.502.
6.1.5 Records required to be maintained in accordance with other applicable laws and
regulations set forth in 24 CFR 570 Subpart K.
6.2 RETENTION AND ACCESSIBILITY OF RECORDS:
6.2.1 The Department shall have the authority to review the SUBRECIPIENT's records,
including Project and programmatic records and books of account, for a period of
five (5) years from the expiration/termination of this Agreement (the "Retention
Period"). All books of account and supporting documentation shall be kept by the
SUBRECIPIENT at least until the expiration of the Retention Period.
The SUBRECIPIENT shall maintain records sufficient to meet the requirements of
24 CFR 570.506. All records and reports required herein shall be retained and made
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accessible as provided thereunder. The SUBRECIPIENT further agrees to abide
by Chapter 119, Florida Statutes, as the same may be amended from time to time,
pertaining to public records. The SUBRECIPIENT shall ensure that the Agreement
Records shall be at all times subject to and available for full access and review,
inspection and audit by the CITY, federal personnel and any other personnel duly
authorized by the CITY.
The parties hereto further agree that any of the obligations in this section will
survive the term, termination, and cancellation hereof.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT AS A PUBLIC CONTRACT,
PLEASE CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT TELEPHONE NUMBER 305-416-1800, EMAIL:
PUBLICRECORDS@MIAMIGOV.COM, AND MAILING
ADDRESS: PUBLIC RECORDS C/O OFFICE OF THE CITY
ATTORNEY, 9TH FLOOR, MIAMI RIVERSIDE CENTER, 444
S.W. 2ND AVENUE, MIAMI, FLORIDA 33130 OR THE CITY'S
DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT'S ("DEPARTMENT") CUSTODIAN OF
RECORDS AT 2ND FLOOR, 14 NORTHEAST 1ST AVENUE,
MIAMI, FLORIDA 33132.
6.2.2 The SUBRECIPIENT shall include in all the Department approved subcontracts
used to engage subcontractors to carry out any eligible substantive project or
programmatic activities, as described in this Agreement and defined by the
Department, each of the record -keeping and audit requirements detailed in this
Agreement. The Department shall, in its sole discretion, determine when services
are eligible substantive project and/or programmatic activities and subject to the
audit and record -keeping requirements described in this Agreement.
6.2.3 If the CITY or the SUBRECIPIENT has received or given notice of any kind
indicating any threatened or pending litigation, claim or audit arising out of the
activities pursuant to the project, the activities and/or the Work Program or under
the terms of this Agreement, the Retention Period shall be extended until such time
as the threatened or pending litigation, claim or audit is, in the sole and absolute
discretion of the Department fully, completely and finally resolved.
6.2.4 The SUBRECIPIENT shall notify the Department in writing, both during the term
of this Agreement and after its expiration/termination as part of the final closeout
procedure, of the address where all Agreement Records will be retained.
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6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department for
the disposal of any Agreement Records within one year after the expiration of the
Retention Period.
6.3 PROVISION OF RECORDS:
6.3.1 At any time upon request by the Department, the SUBRECIPIENT shall provide
all Agreement Records to the Department. The requested Agreement Records shall
become the property of the Department without restriction, reservation, or
limitation on their use. The Department shall have unlimited rights to all books,
articles, or other copyrightable materials developed in the performance of this
Agreement. These rights include the right of royalty -free, nonexclusive, and
irrevocable license to reproduce, publish, or otherwise use, and to authorize others
to use the Work Program for public purposes.
6.3.2 If the SUBRECIPIENT receives funds from, or is under regulatory control of, other
governmental agencies, and those agencies issue monitoring reports, regulatory
examinations, or other similar reports, the SUBRECIPIENT shall provide a copy
of each such report and any follow-up communications and reports to the
Department immediately upon such issuance, unless such disclosure would be
prohibited by any such issuing agency.
6.4 MONITORING. The SUBRECIPIENT shall permit the Department and other persons duly
authorized by the Department to inspect all Agreement Records, facilities, goods, and activities of
the SUBRECIPIENT which are in any way connected to the activities undertaken pursuant to the
terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of
the SUBRECIPIENT. Following such inspection or interviews, the Department will deliver to the
SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies cited
by the Department within the specified period of time set forth in the report or provide the
Department with a reasonable justification for not correcting the same. The Department will
determine, in its sole and absolute discretion, whether or not the SUBRECIPIENT's justification
is acceptable.
At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written statements of
the SUBRECIPIENT's official policies on specified issues relating to the SUBRECIPIENT's
activities. The CITY will carry out monitoring and evaluation activities, including visits and
observations by CITY staff. The SUBRECIPIENT shall ensure the cooperation of its employees
and its Board members in such efforts. Any inconsistent, incomplete, or inadequate information,
either received by the CITY or obtained through monitoring and evaluation by the CITY, shall
constitute cause for the CITY to terminate this Agreement.
6.5 RELATED PARTIES. The term "related -party transaction" includes, but is not limited to,
a for -profit or nonprofit subsidiary or affiliate organization, an organization with an overlapping
Board of Directors and an organization for which the SUBRECIPIENT is responsible for
appointing memberships. Upon forming the relationship or if already formed, before of at the time
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of execution of this Agreement, the SUBRECIPIENT shall report such relationship to the
Department. Any supplemental information shall be promptly reported to the Department. The
SUBRECIPIENT shall report to the Department the name, purpose for and any and all other
relevant information in connection with any related -party transaction.
6.6 PROGRESS REPORTS. The SUBRECIPIENT shall submit to the CITY, on a quarterly
basis, a Work Program Status Report.
ARTICLE VII
OTHER CDBG PROGRAM REQUIREMENTS
7.1 GENERAL.
7.1.1 The SUBRECIPIENT shall maintain current documentation that its
activities qualify under the CDBG Requirements.
7.1.2 The SUBRECIPIENT shall ensure that any expenditure of the CDBG Funds
will be in compliance with the requirements of 24 CFR Part 5-707
7.1.3 The SUBRECIPIENT shall comply with all the non-discrimination
requirements of 24 CFR §570.
7.1.4 The SUBRECIPIENT shall comply with all applicable provisions of 24
CFR Part 570 and shall carry out each Project activity in compliance with
all applicable federal laws and regulations.
7.1.5 The SUBRECIPIENT shall agree in writing to comply with any and all
requirements as may set forth in Site Environmental Clearance Statement
executed in connection herewith.
7.1.6 The SUBRECIPIENT shall comply with the affirmative marketing
requirements specified in Exhibit "I" attached hereto and incorporated
herein; further the SUBRECIPIENT shall annually report to the City on all
actions taken to comply with said requirements as same are specified in
Exhibit "I".
7.1.7 The SUBRECIPIENT shall cooperate with the City in informing the
appropriate citizen participation structures, including the appropriate area
committees, of the activities of the SUBRECIPIENT in adhering to the
provisions of this Agreement. Representatives of the SUBRECIPIENT shall
attend meetings of the appropriate committees and citizen participation
structures upon the request of the citizen participation officers or the City.
7.1.8 The SUBRECIPIENT shall cooperate with the City in informing the
appropriate citizen participation structures, including the appropriate area
committees, of the activities of the SUBRECIPIENT in adhering to the
provisions of this Agreement. Representatives of the SUBRECIPIENT shall
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attend meetings of the appropriate committees and citizen participation
structures upon the request of the citizen participation officers or the City.
7.1.9 Throughout the Affordability Period the SUBRECIPIENT shall comply
with all Project housing quality standards imposed by the City_
7.1.10 The SUBRECIPIENT agrees that throughout the Affordability Period,
Rents and tenant incomes for the CDBG Assisted Bed Units shall be
monitored by the City.
7.1.11 The SUBRECIPIENT shall comply with all applicable displacement and
relocation requirements.
7.1.12 Attendance at citizen participation committees/meetings, provided the
SUBRECIPIENT is provided reasonable notice of such
committees/meetings.
7.1.13 The SUBRECIPIENT shall, to the greatest extent possible, give Low -
Income residents of the service community opportunities for training and
employment.
7.1.14 The SUBRECIPIENT shall ensure and maintain documentation that
conclusively demonstrates that each activity assisted in whole or in part with
CDBG Funds is an activity that benefits Low and Moderate Income
Households.
7.2 The SUBRECIPIENT shall maintain current documentation that its activities are CDBG
eligible in accordance with 24 CFR 570.201(e).
7.3 The SUBRECIPIENT shall ensure and maintain documentation that conclusively
demonstrates that each activity assisted, in whole or in part, with CDBG Funds is an activity which
provides benefit to low- and moderate -income persons.
7.4 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR 570 and shall
carry out each activity in compliance with all applicable federal laws and regulations described
therein.
7.5 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate
citizen participation structures, including the appropriate area committees, of the activities of the
SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the
SUBRECIPIENT shall attend meetings of the appropriate committees and citizen participation
structures upon the request of the citizen participation officers or the Department.
7.6 The SUBRECIPIENT shall, to the greatest extent possible, give low -and -moderate -income
residents of the service areas opportunities for training and employment.
7.7 NON-DISCRIMINATION. The SUBRECIPIENT shall not discriminate on the basis of
race, color, national origin, sex, religion, age, marital or family status or handicap in connection
with the activities and/or the Work Program or its performance under this Agreement.
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Furthermore, the SUBRECIPIENT agrees that no otherwise qualified individual shall, solely by
reason of his/her race, sex, color, creed, national origin, age, marital status or handicap, be
excluded from the participation in, be denied benefits of, or be subjected to discrimination under
any program or activity receiving federal financial assistance.
7.8 The SUBRECIPIENT shall carry out its Work Program in compliance with all federal laws
and regulations, including those described in 24 CFR 570 Subpart K, ("Other Program
Requirements") of the CDBG Program regulations.
7.9 The SUBRECIPIENT and its subcontractors shall comply with the Davis -Bacon Act, the
Lead -Based Paint Poisoning Prevention Act, and any other applicable laws, ordinances and
regulations.
7.10 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S. HUD
Form 4010 incorporated herein as part of this Agreement.
7.11 UNIFORM ADMINISTRATIVE REQUIREMENTS. The SUBRECIPIENT shall comply
with the requirements and standards of 2 CFR 200, "Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards", as set forth under Subpart D—"Post
Federal Award Requirements" and Subpart E—"Cost Principles."
7.12 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the
SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT agrees that
all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions,
and limitations of 24 CFR 570.200(j).
In accordance with the First Amendment of the United States Constitution, particularly regarding
the relationship between church and State, as a general rule, CDBG assistance may not be used for
religious activities or provided to primarily religious entities for any activities, including secular
activities, as provided in 24 CFR 570.200(j). The SUBRECIPIENT shall comply with those
requirements and prohibitions when entering into subcontracts.
7.13 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the
SUBRECIPIENT must transfer to the CITY any unused CDBG Funds at the time of
expiration/termination and any accounts receivable attributable to the use of CDBG Funds.
7.14 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains
uncured thirty (30) days after the SUBRECIPIENT's receipt of notice from the CITY (by certified
or registered mail) of such violation may, at the option of the CITY, be addressed by an action for
damages or equitable relief, or any other remedy provided at law or in equity. In addition to the
remedies of the CITY set forth herein, if the SUBRECIPIENT fails to comply with the terms of
this Agreement, the CITY may suspend or terminate this Agreement in accordance with 24 CFR
85.43, as set forth more fully below in Article IX of this Agreement.
7.15 The SUBRECIPIENT shall not assume the CITY's environmental responsibilities
described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY's responsibility for
initiating the review process under Executive Order 12372.
7.16 USE OF FUNDS FOR LOBBYING PROHIBITED. The expenditure of Agreement funds
for the purpose of lobbying the Legislature, judicial branch, or a state agency are expressly
prohibited.
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ARTICLE VIII
PROGRAM INCOME
2 CFR 200.307
8.1 Program income means gross income received by the SUBRECIPIENT which has been
directly generated from the use of the CDBG Funds. When such income is generated by an activity
that is only partially assisted with the CDBG Funds, the income shall be prorated to reflect the
percentage of CDBG Funds used. Program income generated by CDBG funded activities shall be
used only to undertake those activities specifically approved by the CITY on and for the Work
Program. All provisions of this Agreement shall apply to such activities. Any program income
on hand when this Agreement expires/terminates or received after such expiration/termination
shall be paid to the CITY, as required by 24 CFR 570.503(b)(8) of the CDBG Program regulations.
The SUBRECIPIENT shall submit to the CITY, if applicable, a Program Income Report on a
quarterly basis. The Program Income Report shall identify CDBG activities in which income was
derived and how income has been utilized.
8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds shall
be remitted to the CITY on a monthly basis. Any CDBG Funds funded to the SUBRECIPIENT
that do not meet the eligibility requirements, as applicable, must be repaid to the CITY.
ARTICLE IX
SUBRECIPIENT CERTIFICATIONS, ASSURANCES, AND REGULATIONS.
9.1 The SUBRECIPIENT certifies that:
(a) The SUBRECIPIENT possesses the legal authority to enter into this Agreement pursuant
to authority that has been duly adopted or passed as an official act of the
SUBRECIPIENT's governing body, authorizing the execution of the Agreement, including
all understandings and assurances contained herein, and directing and authorizing the
person identified as the official representative of the SUBRECIPIENT to act in connection
with this Agreement and to provide such information as may be required.
(b) The SUBRECIPIENT shall comply with the Hatch Act, which limits the political activity
of employees.
(c) The SUBRECIPIENT shall establish safeguards to prohibit its employees from using their
positions for a purpose that is or gives the appearance of being motivated by desire for
private gain for themselves or others, particularly those with whom they have family,
business, or other ties.
(d) To the best of its knowledge and belief, the SUBRECIPIENT and its principals:
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(i) are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency;
(ii) have not, within a three-year period preceding the date of this Agreement, been
convicted of or had a civil judgment rendered against any of them for the
commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public (Federal, State, or local) transaction or a contract
under a public transaction; violation of Federal or State antitrust statutes or
falsification or destruction or records, making false statements, or receiving stolen
property;
(iii) are not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with the commission of any of the
offenses enumerated in this Article VIII; and
(iv) have not, within a three-year period preceding the date if this Agreement, had one
or more public transactions (Federal, State, or local) terminated for cause or default.
ARTICLE X
SUBRECIPIENT 'S AND OWNER'S OBLIGATIONS
10.1 SCOPE OF WORK. The SUBRECIPIENT shall perform the Scope of Work as set forth
herein and on Exhibit "C" attached hereto. SUBRECIPIENT shall: (a) meet all of its obligations
hereunder and under all of the CDBG Grant Documents executed in connection herewith, (b)
commence construction within six (6) months from the Effective Date of the contract, (c) obtain
all certificates of occupancy and closure of all permits required for the project within eighteen
(18) months from the Effective Date, (d) throughout the Affordability Period, rent the CDBG
Assisted Bed Units to Moderate Income Households in accordance with the requirements of this
Agreement, the Rent Regulatory Agreement, and the other CDBG Grant Documents; and (e)
throughout the Affordability Period, comply with all applicable CDBG Requirements and all
applicable requirements hereof and in the other CDBG Grant Documents with regard to the
CDBG Assisted Bed Units.
The tenant's portion of rents charged for CDBG Assisted Bed Units shall be limited
as set forth in the Rent Regulatory Agreement executed in connection herewith.
10.2 REPORTING OBLIGATIONS. The SUBRECIPIENT shall submit to the City all
reports as described in Section 3.4 hereof, and all other reports that the City may reasonably
require, in such form, manner, and frequency as the City may reasonably require to monitor the
progress of the Project and the SUBRECIPIENT's performance and compliance with this
Agreement and all Legal Requirements.
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10.3 PUBLICITY AND ADVERTISEMENTS. The SUBRECIPIENT shall ensure that all
publicity and advertisements prepared and released by the SUBRECIPIENT, such as pamphlets
and news releases, related to activities funded by this Agreement, and all events carried out to
publicize the accomplishments of any activities funded by this Agreement, recognize the City as
one of its funding sources.
10.4 AFFIRMATIVE MARKETING. The SUBRECIPIENT shall comply with the affirmative
marketing requirements and procedures provided on Exhibit "I" attached hereto and made a part
hereof. SUBRECIPIENT shall comply with the requirements of the affordable housing notice to
City Officials in City of Miami Ordinance #13491.
10.5 SIGNAGE, ACKNOWLEDGEMENT, PUBLICITY. During the Term of this Agreement,
the SUBRECIPIENT shall furnish signage identifying the Project and shall acknowledge the
contribution of the City by incorporating the seal of the City and the names of the City
commissioners and officials in all documents, literature, pamphlets, advertisements, and signage,
permanent or otherwise in accordance with Section 9.4 hereof. All such acknowledgments shall
be in a form acceptable to the City, as provided on Exhibit "J" attached hereto and made a part
hereof.
All publicity and advertisements prepared and released by the SUBRECIPIENT related to
the Project, such as pamphlets and news releases, and all events carried out to publicize the Project,
shall recognize the City as one of the Project's funding sources.
10.6 COSTS INCURRED BY THE CITY. Notwithstanding any other provision of this
Agreement, the SUBRECIPIENT understands and agrees that $10,000.00 of the CDBG Funds
were awarded to the Project for, and were used by the City to cover, costs incurred by the City on
behalf of the Project. Such costs may include, but are not limited to, environmental advertising
costs, recording fees, and project delivery.
10.7 PREVIOUSLY FUNDED CITY PROJECTS. The SUBRECIPIENT shall comply with:
(I) all applicable reporting requirements relating to previously funded City projects which are
under construction or in the Affordability Period, including OMB A-133, and (2) all applicable
insurance requirements relating to such projects.
10.8 COMPLIANCE WITH SAFETY PRECAUTIONS. The SUBRECIPIENT shall allow
City inspectors, agents or representatives the ability to monitor its compliance with safety
precautions as required by federal, state or local laws, rules, regulations and ordinances. By
performing these inspections the City, its agents, or representatives are not assuming any liability
by virtue of such laws, rules, regulations and ordinances. The SUBRECIPIENT shall have no
recourse against the City, its agents, or representatives for the occurrence, non-occurrence or result
of such inspection(s), and shall obtain the affirmative acknowledgment of the SUBRECIPIENT,
for the benefit of the City, that the SUBRECIPIENT shall have no recourse against the City, its
agents, or representatives for the occurrence, non-occurrence or result of such inspection(s).
Simultaneously with the submission of the first draw request to the City, the
SUBRECIPIENT shall contact the City's Risk Management Department Safety Unit in writing to
coordinate such inspection(s).
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The SUBRECIPIENT shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services
funded by the City, including Titles I and II of the ADA (regarding nondiscrimination on the basis
of disability) and all applicable regulations, guidelines and standards. Additionally, the
SUBRECIPIENT shall take affirmative steps to ensure nondiscrimination in the employment of
disabled persons.
10.9 DRAW REQUESTS. Each Request for Disbursement of hard costs must be signed by the
SUBRECIPIENT, the Architect for the Project and the Contractor, and each Request for
Disbursement of soft costs must be signed by the SUBRECIPIENT, as more fully set forth in the
Disbursement Agreement. The City shall not fund any draw request in an amount that exceeds the
City's initial contribution percentage of the entire development cost of the project. Five percent
(5%) of each draw request will be retained until the City has received as part of the Close-out of
the Project, at the SUBRECIPIENT's sole cost, a statement confirming that all draw requests have
been used toward the Project which must prepared by an independent certified public accountant,
which must be acceptable to the City in both form and substance.
10.10 RECORDING. The SUBRECIPIENT must pay all costs of the recording of the CDBG
Grant Documents. Such costs related to the recording of the CDBG Grant Documents may be
included in the Itemized Budget submitted to the City.
ARTICLE XI
REMEDIES, SUSPENSION, TERMINATION
2 CFR 200.338 and 200.339
11.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this
Agreement at any time prior to the completion of the services required pursuant to this Agreement
without penalty to the CITY. In that event, notice of termination of this Agreement shall be in
writing to the SUBRECIPIENT, who shall be paid for those services performed prior to the date
of its receipt to the notice of termination. In no case, however, shall the CITY pay the
SUBRECIPIENT an amount in excess of the total sum provided by this Agreement.
It is hereby understood by and between the CITY and the SUBRECIPIENT that any payment made
in accordance with this Agreement to the SUBRECIPIENT shall be made only if the
SUBRECIPIENT is not in default under the terms of this Agreement. If the SUBRECIPIENT is
in default, the CITY shall not be obligated and shall not pay to the SUBRECIPIENT any sum
whatsoever.
If the SUBRECIPIENT fails to comply with any term of this Agreement, the CITY may take one
or more of the following courses of action:
11.1.1 Temporarily withhold cash payments pending correction of the deficiency by the
SUBRECIPIENT, or such more severe enforcement action as the CITY
determines is necessary or appropriate.
11.1.2 Disallow (that is, deny both the use of funds and matching credit) for all or part
of the cost of the activity or action not in compliance.
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11.1.3 Wholly or partially suspend or terminate the current CDBG Funds awarded to the
SUBRECIPIENT.
11.1.4 Withhold further CDBG grants and/or loans for the SUBRECIPIENT.
11.1.5 Take all such other remedies that may be legally available.
Notwithstanding any other provision of this Agreement, if the SUBRECIPIENT fails to comply
with any term of this Agreement, the SUBRECIPIENT, at the sole discretion of the City, shall pay
to the City an amount equal to the current market value of any real property, under the
SUBRECIPIENT's control, acquired or improved in whole or in part with CDBG Funds (including
CDBG Funds provided to the SUBRECIPIENT in the form of a loan and/or grant), less any portion
of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement
to, the property. The payment is program income to the City.
11.2 SUSPENSION.
11.2.1 The Department may, for reasonable cause, temporarily suspend the
SUBRECIPIENT's operations and authority to obligate funds under this
Agreement or withhold payments to the SUBRECIPIENT pending necessary
corrective action by the SUBRECIPIENT, or both. Reasonable cause shall be
determined by the Department in its sole and absolute discretion, and may include:
(i) Ineffective or improper use of the CDBG Funds by the SUBRECIPIENT;
(ii) Failure by the SUBRECIPIENT to comply with any term or provision of
this Agreement;
(iii) Failure by the SUBRECIPIENT to submit any documents required by this
Agreement; or
(iv) The SUBRECIPIENT's submittal of incorrect or incomplete documents.
11.2.2 The Department may at any time suspend the SUBRECIPIENT's authority to
obligate funds, withhold payments, or both.
11.2.3 The actions described in paragraphs 9.2.1 and 9.2.2 above may be applied to all or
any part of the activities funded by this Agreement.
11.2.4 The Department will notify the SUBRECIPIENT in writing of any action taken
pursuant to this Article, by certified mail, return receipt requested, or by in person
delivery with proof of delivery. The notification will include the reason(s) for such
action, any conditions relating to the action taken, and the necessary corrective
action(s).
11.3 TERMINATION.
11.3.1 Termination Because of Lack of Funds. In the event the CITY does not receive
funds to finance this Agreement from its funding source, or in the event that the
CITY's funding source de -obligates the funds allocated to fund this Agreement, the
Department may terminate this Agreement upon not less than twenty-four (24)
hours prior notice in writing to the SUBRECIPIENT. Said notice shall be delivered
21
by certified mail, return receipt requested, or by in person delivery with proof of
delivery. In the event that the CITY's funding source reduces the CITY's
entitlement under the CDBG Program, the CITY shall determine, in its sole and
absolute discretion, the availability of funds for the SUBRECIPIENT pursuant to
this Agreement.
11.3.2 Termination for Breach. The Department may terminate this Agreement, in whole
or in part, in the event the Department determines, in its sole and absolute
discretion, that the SUBRECIPIENT is not compliant with any term or provision
of this Agreement.
The Department may terminate this Agreement, in whole or in part, in the event
that the Department determines, in its sole and absolute discretion, that there exists
an event of default under and pursuant to the terms of any other agreement or
obligation of any kind or nature whatsoever of the SUBRECIPIENT to the CITY,
direct or contingent, whether now or hereafter due, existing, created or arising.
11.3.3 Unless the SUBRECIPIENT's breach is waived by the Department in writing, the
Department may, by written notice to the SUBRECIPIENT, terminate this
Agreement upon not less than twenty-four (24) hours prior written notice. Said
notice shall be delivered by certified mail, return receipt requested, or by in person
delivery with proof of delivery. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any other breach and shall not be
construed to be a modification of the terms of this Agreement. The provisions
hereof are not intended to be, and shall not be, construed to limit the Department's
right to legal or equitable remedies.
ARTICLE XII
MISCELLANEOUS PROVISIONS
12.1 INDEMNIFICATION The SUBRECIPIENT shall indemnify, hold harmless, and defend
the City, its officers, agents, directors, and/or employees, from liabilities, damages, losses,
judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused
by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of
SUBRECIPIENT and persons employed or utilized by SUBRECIPIENT in the performance of
this Contract. SUBRECIPIENT shall, further, hold the City, its officials and/or employees,
harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory
or similar claims, injuries or damages arising or resulting from the permitted work, even if it is
alleged that the City, its officials and/or employees were negligent. These indemnifications shall
survive the term of this Contract. In the event that any action or proceeding is brought against the
City by reason of any such claim or demand, the SUBRECIPIENT shall, upon written notice from
the City, resist and defend such action or proceeding by counsel satisfactory to the City. The
SUBRECIPIENT expressly understands and agrees that any insurance protection required by this
Agreement or otherwise provided by the SUBRECIPIENT shall in no way limit the responsibility
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to indemnify, keep and save harmless and defend the City or its officers, employees, agents and
instrumentalities as herein provided.
The indemnification provided above shall obligate the SUBRECIPIENT to defend, at its own
expense, to and through appellate, supplemental or bankruptcy proceeding, or to provide for such
defense, at the City's option, any and all claims of liability and all suits and actions of every name
and description which may be brought against the City whether performed by the
SUBRECIPIENT, or persons employed or utilized by SUBRECIPIENT.
This indemnity will survive the cancellation or expiration of the Agreement. This indemnity will
be interpreted under the laws of the State of Florida, including without limitation and
interpretation, which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes, as
applicable.
The SUBRECIPIENT shall require all Sub -contractor agreements, if applicable, to include a
provision that they will indemnify the City.
The SUBRECIPIENT agrees and recognizes that the City shall not be held liable or responsible
for any claims which may result from any actions or omissions of the SUBRECIPIENT in which
the City participated either through review or concurrence of the SUBRECIPIENT's actions. In
reviewing, approving or rejecting any submissions by the SUBRECIPIENT or other acts of the
SUBRECIPIENT, the City in no way assumes or shares any responsibility or liability of the
SUBRECIPIENT or SUBRECIPIENT under this Agreements.
12.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing
and signed by both parties hereto. Budget modifications shall be approved by the Department in
writing.
12.3 OWNERSHIP OF DOCUMENTS. All documents developed by the SUBRECIPIENT
under this Agreement shall be delivered to the CITY upon completion of the activities required
pursuant to this Agreement and shall become the property of the CITY, without restriction or
limitation on their use, if requested by the City. The SUBRECIPIENT 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 CITY
to the SUBRECIPIENT pursuant to this Agreement, shall at all times remain the property of the
CITY and shall not be used by the SUBRECIPIENT for any other purpose whatsoever without the
prior written consent of the CITY.
12.4 AWARD OF AGREEMENT. The SUBRECIPIENT warrants that it has not employed or
retained any person employed by the CITY to solicit or secure this Agreement and that it has not
offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission,
percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this
Agreement.
12.5 NON-DELEGABILITY. The obligations undertaken by the SUBRECIPIENT pursuant to
this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part,
23
without the CITY's prior written consent which may be granted or withheld in the CITY's sole
discretion.
12.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced
according to the laws of the State of Florida.
12.7 CONFLICT OF INTEREST.
12.7.1 The SUBRECIPIENT covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with CDBG Program
funded activities has any personal financial interest, direct or indirect, in this
Agreement. The SUBRECIPIENT further covenants that, in the performance of
this Agreement, no person having such a conflicting interest shall be employed.
Any such interest on the part of the SUBRECIPIENT or its employees must be
disclosed in writing to the CITY.
12.7.2 The SUBRECIPIENT is aware of the conflict of interest laws of the City of Miami
(City of Miami Code Chapter 2, Article V), Dade County, Florida (Dade County
Code Section 2-11-1), the State of Florida (Chapter 112, Florida Statutes), and 24
CFR 570.611 and agrees that it shall comply in all respects with the terms of the
same.
12.7.3 In all other cases, the SUBRECIPIENT shall comply with the standards contained
within 24 CFR 570.611
12.8 PROCUREMENT. The SUBRECIPIENT shall comply with the standards contained
within 2 CFR 200 Subpart D, "Post Federal Award Requirements."
12.9 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the
SUBRECIPIENT agrees and understands that the CITY has no obligation to renew this
Agreement.
12.10 ENTIRE AGREEMENT. This instrument and its attachments constitute the only
agreement of the parties hereto relating to the CDBG Funds and sets forth the rights, duties,
and obligations of each of the parties hereto to the other as of its date. Any prior
agreements, promises, negotiations, or representations not expressly set forth in this
Agreement are of no force or effect.
12.11 GENERAL CONDITIONS:
12.11.1 All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by in person delivery or by
registered mail addressed to the other party at the address indicated herein or as
the same may be changed from time to time, upon notice in writing. 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, whichever is earlier.
CITY OF MIAMI
Director
Department of Housing & Community Development
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One Flagler Building
14 NE 1st Avenue
Second Floor
Miami, FL 33132
SUBRECIPIENT
Assistance to the Elderly, Inc.
5617 NW 7th St,
Miami, EL 33126
12.11.2 Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
12.11.3 In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached documents, the terms in this Agreement shall
control.
12.11.4 No waiver of 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.
12.11.5 Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable under the laws of the State of Florida or the
City of Miami, such provision, paragraph, sentence, word or phrase shall be
deemed modified to the extent necessary in order to conform with such laws, or
if not modifiable to conform with such laws, then same shall be deemed severed,
and in either event, the remaining terms and provisions of this Agreement shall
remain unmodified and in full force and effect.
12.11.6 This Agreement may be executed in any number of counterparts, each of which
so executed shall be deemed to be an original, and such counterparts shall together
constitute but one and the same Agreement. The parties shall be entitled to sign
and transmit an electronic signature of this Agreement (whether by facsimile,
PDF or other email transmission), which signature shall be binding on the party
whose name is contained therein. Any party providing an electronic signature
agrees to promptly execute and deliver to the other parties an original signed
Agreement upon request.
12.12 INDEPENDENT CONTRACTOR. The SUBRECIPIENT and its employees and agents
shall be deemed to be independent contractors and not agents or employees of the CITY, and shall
not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any
rights generally afforded classified or unclassified employees; further, they shall not be deemed
entitled to the Florida Worker's Compensation benefits as employees of the CITY.
25
12.13 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto,
and their respective heirs, executors, legal representatives, successors, and assigns.
12.14 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT certifies that it possesses the
legal authority to enter into this Agreement pursuant to authority that has been duly adopted or
passed as an official act of the SUBRECIPIENT's governing body, authorizing the execution of
this Agreement, including all understandings and assurances contained herein, and directing and
authorizing the person identified as the official representative of the SUBRECIPIENT to act in
connection with this Agreement and to provide such information as may be required.
12.15 WAIVER OF JURY TRIAL. Neither the SUBRECIPIENT, nor any assignee, successor,
heir or personal representative of the SUBRECIPIENT, nor any other person or entity, shall seek
a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon
or arising out of any of the Agreement and/or any modifications, or the dealings or the relationship
between or among such persons or entities, or any of them. Neither the SUBRECIPIENT, nor any
other person or entity will seek to consolidate any such action in which a jury trial has been waived
with any other action. The provisions of this paragraph have been fully discussed by the parties
hereto, and the provisions hereof shall be subject to no exceptions. No party to this Agreement
has in any manner agreed with or represented to any other party that the provisions of this
paragraph will not be fully enforced in all instances.
12.16 CLOSE OUT. When the City determines that all required work under the Agreement has
been completed or upon the expiration or termination of the SUBRECIPIENT Agreement, the
CITY shall require the SUBRECIPIENT to provide final versions of all financial, performance,
and other reports. These reports may include, but are not limited to:
• A final performance or progress report.
• A financial status report (including all program income).
• A final request for payment.
• A final inventory of property in the SUBRECIPIENT's possession that was acquired or
improved with CDBG funds.
12.17 BUILD AMERICA, BUY AMERICA (BABA). The SUBRECIPIENT must comply with
the requirements of the Build America, Buy America (BABA)Act, 41 USC 8301 note, and all
applicable rules and notices, as may be amended, if applicable to the Grantee's infrastructure
project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022
and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal
Financial Assistance" (88 FR17001), any funds obligated by HUD on or after the applicable listed
effective dates, are subject to BABA requirements, unless excepted by a waiver.
12.18 ANTI -HUMAN TRAFFICKING. The SUBRECIPIENT confirms and certifies that it is not
in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion"
for labor or services as defined in Section 787.06, Florida Statutes. The SUBRECIPIENT shall
execute and submit to the CITY an Affidavit, of even date herewith, in compliance with Section
787.06(13), Florida Statutes, attached an incorporated herein as ExhibitN. If the SUBRECIPIENT
fails to comply with the terms of this Section, the CITY may suspend or terminate this Agreement
immediately, without prior notice, and in no event shall the CITY be liable to SUBRECIPIENT
for any additional compensation or for any consequential or incidental damages.
26
(signatures on following page)
27
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their
respective officials thereunto duly authorized on the date above written.
SUBRECIPIENT
Assistance to the Elderly, Inc.
5617 NW 7th St
Miami, FL 33126
a Florida not -for -profit corporation
AUTHORIZED REPRESENTATIVE: ATTEST:
Name: a a(e p Jit oDate: d/
Title: A ,# f4
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Name: Lujlaw► cot (c - Date: 21(rr24--
Title: Dv/eAy,,nOiv<clvl"
Corporate Seal:
ACKNOWLEDGMENT
The foregoing instrument was acknowledged before me by means of O physical presence or O online notarization,
this leAday of "...br . , 2025 by8ojta( indias MLPtin . of Assistance to the Elderly Inc., a Florida not
for profit corporation. She s personally knowtome or has produced as identification.
(NOTARY PUBLIC SEAL)
ignature of Person Taking
Acknowledgment
(Printed, Typed, or Stamped Name of Notary
Public)
4447/ps CARMEN CROSS
?* Commission # HH 329991
1%,t a;aa;.` Expires March 5, 2027
28
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
undersigned officials as duly authorized.
CITY OF MIAMI, a municipal
Corporation of the State of Florida
Arthur Norie:: V.
City Manager
APPROVED
REQUIRE
Ann -Mari - F' arpe
Risk Management
ate:
Date:
APPROVED AS TO
DEPARTMENTAL REQUIREM 4TS:
By:
Director of the Department of Housing'
Community Development
ATTEST:
odd Hanno
City Clerk
ate:
5
APPROVED AS TO FORM AND
CORRECTNESS:
George(K. Wyson Iv Date:
City Attorney
29
EXHIBIT A
LEGAL DESCRIPTION
Lot 6, Block 1, of BLUE LAGOON CENTRE FIRST ADDITION, according to the Plat thereof,
as recorded in Plat Book 150, at Page 91, of the Public Records of MIAMI-DADE County,
Florida.
Formerly known as
Lot 2, Block 1, of BLUE LAGOON CENTRE, according to the Plat thereof, as recorded in Plat
Book 134, Page 22, of the Public Records of MIAMI-DADE County, Florida.
30
EXHIBIT B
CORPORATE RESOLUTION AUTHORIZING
EXECUTION OF THIS AGREEMENT
31
RESOLUTION AUTHORIZING THE EXECUTION OF THE CONTRACT AND
APPROVAL OF CITY OF MIAMI 2023 COMMUNITY DEVELOPMENT BLOCK
GRANT ("CDBG") FUNDS FOR THE REHABILITATION OF THE RESIDENTIAL
PLAZA AT BLUE LAGOON BY ASSISTANCE TO THE ELDERLY, INC.
The I3oard of Directors of Assistance to the Elderly, Inc. (ATTE) conducted an e-mail poll on September 5,
2024, and considered the matter under the corporation's bylaws.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Directors approved the execution of the contract
and approval of the funded amount- with the City of Miami with regards to the 2023 Community Development
Block Grant ("CDBG") Funds for The Rehabilitation of Residential Plaza at Blue Lagoon ($350,000) and
appointed Barbara Galindo as the authorized signature.
Paul Ramos, the Secretary, offered the preceding resolution, which was seconded by Erik Wagner, the
Chairman, and approved by a quorum of members via e-mail.
Board Member Yea Nay Abstain No Response
Paul Ramos x
Erik Wagner x
Elba Hernandez x
Ruth Jimenez x
Atara Kane x
The results of the e-mail poll of Assistance to the Elderly, Inc. Board Members showed a quorum authorizing
the execution of the contract and approval of the funded amount with the City of Miami for $350,000 for the
fiscal year 2023.
Erik Wagnairman
Assistance to the Elderly, Inc.
EXHIBIT C
SCOPE OF WORK
(Detailed description of the Scope of Work must be provided for each service/program)
32
Residential Plaza at Blue Lagoon
WORK SCOPE
Minor Rehabilitation of the project will consists of the
following activities:
• Exterior stucco cracks and delamination at the bottom three floors
on the east and west facades;
• Stucco crack and delamination of one column in the ground floor on
the south side facade;
• Leaks at the east windows of the recreation room near the expansion
joint and at the east entrance on the second floor by the elevators;
• Water leak through the windows of unit #1108 and Unit #1109;
• Minor concrete slab spatting at the roof of the covered recreation
patio and the east entrance on the second floor by the elevators; and
• Roof drain pipe leak into unit #1005.
EXHIBIT D
COMPENSATION AND BUDGET SUMMARY
33
City of Miami - Department of Community Development
COST ALLOCATION REPORT
APPLICANT & PROJECT NAME: Assistance to the Elderly, Inc. - Residential Plaza Building Exterior Structural Repairs
Financing Sources: Specify Name
Total Project
/
City of Miami
CDBG
Miami Dade County - Mnq
Management/Budget
Operating
Equity
Investment
/ Budget 2023 District
2022 District
reserve
Allocation
Allocation
Land Acquisition (pity Owned Lot)
-
0%
-
Hard Costs
759,451.00
340,000
419,451
Construction (Rehabilitation)
90%
Construction contingency
-
0%
-
0%
-
0%
-
0%
Total Hard Costs
759,451.00
90%
340,000
419,451
-
-
Soft Costs
62,000
13,000
33,681
15,319
Arch Design, Civil Engineering
7%
Impact & School Fees
0%
Permits / Fees
9,500
1%
9,500
Legal
0%
Licenses / Environmental / Util Fees
0%
Appraisal / Surveys
0%
Insurance: Construction Period
5,500
1%
5,500
Marketing / Advertising
0%-
Loan Closing / Financing Fees
0%
Interest / Carrying Costs
0%
Title Insurance & Recording
0%
Taxes
0%
Construction Acctg
0%
For Use by City: City incurred costs
10,000.00
1%
10,000
Developer's Fees & Overhead
0%
-
Soft Cost Contingency
-
0%
-
Total Soft Costs
87,000.00
10%
10,000
13,000
33,681
30,319
Total Project Cost
846,451.00
100%
350,000.00
432,451.00
33,681.00
30,319.00
EXHIBIT E
CERTIFICATION REGARDING
LOBBYING
34
EXHIBIT F
CERTIFICATION REGARDING DEBARMENT, SUSPENSION & OTHER
RESPONSIBILITY MATTERS
35
EXHIBIT G
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A).
FLORIDA STATUTES ON PUBLIC ENTITY CRIME
36
EXHIBIT H
INSURANCE REQUIREMENTS
37
EXHIBIT H-1
INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE
CONSTRUCTION REQUIREMENTS RESIDENTIAL PLAZA AT BLUE
LAGOON
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence
General Aggregate Limit
Products/Completed Operations
Personal and Advertising Injury
B. Endorsements Required
$1,000,000
$ 2,000,000
$ 1,000,000
$1,000,000
City of Miami listed as an Additional Insured
Contingent and Contractual Liability
Premises and Operations Liability
Explosion, Collapse and Underground Hazard
Primary Insurance Clause Endorsement
Extended Completed Operations Endorsement proving 3 years
coverage extension following project completion, including City as
additional insured
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 included as an additional insured
38
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
Employer's Liability
A. Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
IV. Umbrella Policy
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 1,000,000
Aggregate $ 1,000,000
City of Miami listed as an additional Insured. Coverage is excess follow form over all liability
polices contained herein.
VI. Payment and Performance Bond $940,000
City of Miami listed as Obligee
39
VII. Builders' Risk
Causes of Loss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost
Deductible: $ 5.000 All other Perils
5% maximum on Wind/Hail and Flood
City of Miami listed as loss payee
A. Coverage Extensions: As provided by carrier
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:
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.
40
EXHIBIT H-2
Insurance Requirements
(Continued)
INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE
BORROWER CDBG FUNDING PROJECTS
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
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami listed as additional insured
Contingent & Contractual Liability
Premises and Operations Liability
Primary Insurance Clause Endorsement
II. Business Automobile Liability
a. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Owned/Scheduled Autos
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 300,000
b. Endorsements Required
City of Miami listed as an additional insured
Letter will be accepted if no auto exposures is anticipated
41
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
a. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
Letter will be accepted if less than (4) employees
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer 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:
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.
42
EXHIBIT I
AFFIRMATIVE MARKETING REQUIREMENTS
43
EXHIBIT J
SIGNAGE REQUIREMENTS
44
Building
Better
Neighborhoods
Mayor Francis Suarez
NAME OF PROJECT
SECOND LINE
THIRD LINE
Francis Suarez
Mayor
Miguel Angel Gabela
District 1
Damian Pardo
District 2
Joe Carollo
District 3
Manolo Reyes
District 4
Christine King
District 5
Arthur Noriega, V
City Manager
EQUAL HOUSING
OPPORTUNITY
Project Construction Cost:
$1,234,567
City Contribution:
$1,234,567
www.miami.gov
(305) 416-2080
This Project is located in District 4
represented by
City of Miami Commissioner
Manolo Reyes
EXHIBIT K
RENT REGULATORY AGREEMENT
45
Prepared by, and after recording return to:
George K. Wysong HI, Esq.
City Attorney, City of Miami
444 S.W. 2nd Avenue
Miami, FL 33130-1910
Tel: (305) 416-1800
Property Address: 5617 NW 7th Street, Miami FL 33126
RENT REGULATORY AGREEMENT FOR
ASSISTANCE TO THE ELDERLY, INC.
THIS RENT REGULATORY AGREEMENT ("Regulatory Agreement") is entered into
this 2.5-{ day of 4p4 , 2025,.between ASSISTANCE TO THE ELDERLY, INC.,.
a Florida not for profit corporation (hereinafter referred to as "Beneficiary") and the CITY OF
MIAMI, a municipal corporation of the State of Florida (hereinafter referred to as the "City").
The execution of this Regulatory Agreement by the Beneficiary is in connection with the
grant of CDBG Community Development Block Grant ("CDBG") funds, (the "Grant"), secured
by certain grant documents to be executed in connection therewith (the "Grant Documents"), for
therehabilitation of residential bed units. The rehabilitation of the residential bed units will be
-CDBG-assisted :bed units (the "CDBG-Assisted. Beds"). of that certain .project .known as
Residential Plaza at Blue Lagoon (hereinafter referredto as the "Project"). The Project is the
rehabilitation of a fourteen -story affordable rental residential building located at 5617 NW 7th
Street, Miami FL 33126 (hereinafter referred to as the "Property").
In accordance with the requirements set forth in (i) that certain CDBG Grant Agreement to
be executed by the Beneficiary and the City for the CDBG funds (the "Grant Agreement"), and
(ii) the other Grant documents of even date therewith between the. Beneficiary and the City. The
Project bed units are considered "CDBG-Assisted" and all of the CDBG-Assisted Beds are subject
to the restrictions provided herein. The CDBG-Assisted Beds shall be, at any one time, in
compliance with the CDBG-Assisted requirements set forth herein.
Beneficiary hereby agrees to the following terms, conditions and covenants until the end
of the Affordability Period:
al Occupancy Requirements.. The CDBG-Assisted Beds shall be made available to
tenants who qualify under the occupancy requirements of 24 CFR Part 570
(hereinafter referred to as the "Regulation"). The CDBG-Assisted Beds are subject
to the restrictions provided therein and herein, including, but not limited to, the
following: One hundred seventy-nine (179) CDBG-Assisted Beds shall. be
occupied by Low and Moderate Income Households for the period of time
commencing on the date of the Close -Out of the Project and ending thirty (30)
years thereafter (the "Affordability Period"). As defined in the Regulation, .Low
and Moderate Income Households have annual incomes that do not exceed eighty
percent (80%) if the median income for :the area, as determined by the U.S.
Department of Housing and Urban Development ("HUD") and: adjusted for family
size.
k2. Maximum Rent Levels. The rents charged on all of the CDBG-Assisted Beds shall
be subject to the Regulation. Gross monthly rent charged on CDBG-Assisted Beds
occupied by tenants identified as Low and Moderate Income are subject to the
maximum HIGH Home Investment Partnerships Program ("HIGH HOME") Rent
Page 1 of 14
published annually by HUD for each locality. The HIGH HOME Rent maximums
for leases signed in Miami, Florida effective as of June 1, 2024 are as follows:
No. of CDBG-
No. of
Bedrooms
High HOME Rent
Maximum
Assisted Beds
179
0
$1,273.00
The foregoing maximum rents include tenant paid utilities. Maximum rents will be
reduced for the amount of the applicable HUD Utility Allowance for any utilities paid
by the tenant. In no event will the monthly rent on a CDBG-Assisted Bed exceed thirty
percent (30%) of the applicable percentage of area median income set forth in
Paragraph 1 above. Rents shall not be adjusted for changes in income or HUD
published maximums until lease renewal. In the event that the CDBG Assisted Beds
are also benefitted from a federal or state rent subsidy program, then the rents outlined
above may be set at the applicable rent standard established by that rent subsidy
program in compliance with 24 CFR 570.
(3) Income Re -certification. Tenant income for CDBG-Assisted Beds shall be certified
by the Beneficiary annually on the anniversary of each tenant's lease and maintained in
the tenant file, subject to inspection by the City, in accordance with this Regulatory
Agreement.
(4) Deposits and Pre -payments. Beneficiary shall not require, as a condition of
occupancy or leasing of any CDBG-Assisted Bed, any other consideration or deposit
from the tenant, except for the prepayment of one month's rent and plus a security
deposit not to exceed one additional month's rent.
(5) Prohibited Lease Provisions. The Beneficiary's leases for CDBG-Assisted Beds
shall not contain any of the following provisions:
a. Agreement to be sued. A tenant lease may not contain a provision whereby
the tenant agrees to be sued, admits guilt or consents to judgment in favor
of the landlord in a lawsuit brought in connection with the lease.
b. Agreement regarding treatment of property. A tenant lease may not contain
a provision whereby the tenant agrees that the landlord may take, hold or
sell personal property of the tenant household without notice and a court
decision. This prohibition does not apply to personal property remaining in
the CDBG-Assisted Bed after the tenant has moved out.
c. Waiver of notice. A tenant lease may not contain a provision whereby the
tenant agrees that the landlord may institute a lawsuit without notice to the
tenant.
d. Waiver of legal proceedings. A tenant lease may not contain a provision
whereby the tenant agrees that the landlord may evict the tenant or a
household member without instituting a civil court proceeding in which the
Page 2 of 14
tenant has the opportunity to present a defense or before a court decision on
the rights of the parties.
e. Waiver of a jury trial. A tenant lease may not contain a provision whereby
the tenant agrees to waive any right to a jury trial.
f. Waiver of right to appeal a court decision. A tenant lease may not contain a
provision whereby the tenant agrees to waive the tenant's right to appeal or
otherwise challenge in court a court decision in connection with the lease.
Agreement to pay legal costs, regardless of outcome. A tenant lease may
not contain a provision whereby the tenant agrees to pay attorney's fees or
other legal costs even if the tenant wins the court proceeding brought by the
landlord against the tenant. The tenant, however, may be obligated to pay
costs if the tenant loses.
g•
h. Excusing owner from responsibility. A tenant lease may not contain a
provision whereby the tenant agrees not to hold the landlord or the
landlord's agents legally responsible for any action or failure to act, whether
intentional or negligent.
(6) Annual Reporting. Each year, on the anniversary of the issuance of the certificate
of occupancy/certificate of completion for the Project, and at other times at the request
of the City, the Beneficiary shall furnish occupancy reports in a form approved by the
City, and shall provide the City with such other information as may be requested by the
City relative to income, expenses, assets, liabilities, contracts, operations, and condition
of the Project and/or the CDBG-Assisted Beds.
(7) Inspections. The Beneficiary agrees to submit the CDBG-Assisted Beds to an
annual re -inspection to insure continuing compliance with all applicable housing codes,
federal and local housing quality standards and regulatory requirements. The
Beneficiary will be furnished a copy of the results of each inspection within thirty (30)
days of completion, and will be given thirty (30) days thereafter to correct any
deficiencies or violations.
At any time other than an annual inspection, the City may, in its discretion,
inspect any CDBG-Assisted Bed. The Beneficiary and the tenant will be provided with
the results of the inspection and the time and the method of compliance and corrective
action that must be taken.
(8) Record -keeping. The Property, the Project, including the CDBG-Assisted Beds,
equipment, buildings, plans, offices, apparatus, devices, books, contracts, records,
documents, and other papers relating thereto shall at all times be maintained in
reasonable condition for proper audit and shall be subject to examination and inspection
at any reasonable time by the City. Beneficiary shall keep copies of all written contracts
and other instruments which affect the CDBG-Assisted Beds, all or any of which may
be subject to inspection and examination by the City. Specifically, the foregoing
includes all records, calculations and information necessary to support tenant
occupancy eligibility and monthly rental charges in addition to all leases and written
notices to tenants with respect to the terms of this Regulatory Agreement, as required
by this Regulatory Agreement.
Page 3of14
(9) Default. Upon the occurrence of a violation of any provision of this Regulatory
Agreement, the City shall give written notice thereof to the Beneficiary, by registered
or certified mail, addressed to the Beneficiary's address as stated in this Regulatory
Agreement, or to such other address(es) as may subsequently, upon appropriate written
notice thereof to the City, be designated by the Beneficiary. In the case of a Beneficiary
which is a corporation or partnership, notices may also be sent by the City to the address
of the corporation's chief executive officer or to all general partners, as applicable, at
the City's discretion. If such violation is not corrected to the City's satisfaction, within
thirty (30) days after the date such notice is mailed, or within such further time as the
City reasonably determines is necessary to correct the violation, without further notice
the City may declare a default under this Regulatory Agreement and under the Grant
Agreement and the Grant Documents executed in connection therewith, and may
proceed to initiate any or all remedies at law or in equity provided for in the event of a
default under such agreements and Grant Documents.
All notices under this Regulatory Agreement shall be in writing and addressed as
follows:
To Beneficiary:
With Copy to:
To City:
Assistance to the Elderly, Inc.
5617 NW 7 Street
Miami, FL 33126
Attn: President
City of Miami
Department of Housing and
Community Development
One Flagler Building
14 Northeast 1st Avenue, Second Floor
Miami, Florida 33132
Attn: Director
With Copy To: George K. Wysong III
Office of the City Attorney, City of Miami
444 S.W. 2nd Avenue
Miami, FL 33130-1910
(10) Fines. Upon the occurrence of a violation of any provision of this Regulatory
Agreement, and regardless of the nature of the violation, the City will assess a flat
monthly fine in the amount of Fifty Dollars and no/cents ($50.00) per CDBG-Assisted
Bed that is the subject of such violation up to a maximum of Five Thousand Dollars
and no/cents ($5,000.00) per month, for each month the violation is not corrected, and
pay same over to the City. The remedy for violation provided in this section of this
Regulatory Agreement is cumulative with any and all remedies at law or in equity
Page 4of14
provided in the event of a default under this Regulatory Agreement and/or the Grant
Documents.
(11) Tenant Notice. Beneficiary agrees during the term of this Regulatory Agreement,
to furnish each tenant of a CDBG-Assisted Bed, at the execution or renewal of any
lease or upon initial occupancy, if there is no lease, with a written notice in the
following form:
The rent charged for your apartment and the services included
in that rent are subject to a Rent Regulatory Agreement
between the landlord and the City of Miami, for the term of the
Affordability Period. A copy of the Rent Regulatory Agreement
will be made available by the landlord to each tenant upon
request.
If there is no lease for a CDBG-Assisted Bed, Beneficiary shall maintain a file
copy of such notice delivered to the tenant, with a signed acknowledgement of receipt
by the tenant. All such notices to tenants will be made available for inspection upon
request by the City.
(12) No Conflict with Grant Documents. The provisions of this Regulatory Agreement
are in addition to, and do not amend, alter, modify, or supersede in any respect, the
provisions of the mortgage and/or any of the other Grant Documents executed in
connection with the Grant.
(13) Partial Invalidity. The invalidity of any paragraph or provision of this Regulatory
Agreement shall not affect the validity of the remaining paragraphs and provisions
hereof.
(14) Term. This Regulatory Agreement shall be effective until the Expiration of the
Affordability Period. On the Expiration of such period, this Regulatory Agreement
shall immediately lapse and be of no further force and effect without the necessity of
any other written document or instrument. Notwithstanding the foregoing, upon such
Expiration, the Beneficiary shall be permitted to prepare and record an instrument
evidencing the expiration of and other termination of this Regulatory Agreement in the
Public Records of Miami -Dade County, Florida.
(15) Definitions. All capitalized terms used herein and not otherwise defined shall have
the meanings provided in the Regulation and/or in the Grant Documents.
(16) Exclusion of Commercial Spaces. Notwithstanding anything to the contrary in this
Regulatory Agreement or in the Grant Agreement, it is expressly understood and agreed
that the Regulation and all other terms, conditions, restrictions, and requirements of
this Regulatory Agreement shall exclude, and shall not apply to, or otherwise restrict
or affect, the operation, maintenance, leasing, improvement, base rent and other
additional rent determination and collection, and all other aspects of the Beneficiary's
management, leasing, and ownership of all or any portion of the commercial and retail
spaces located in the Project, if applicable.
(17) Severability. Invalidation of one of the provisions of this Regulatory Agreement
by judgment of Court shall not affect any of the other provisions of the Regulatory
Agreement, which shall remain in full force and effect.
Page 5 of 14
(18) Recordation. This Regulatory Agreement shall be filed of record among the
Public Records of Miami -Dade County, Florida, at the sole cost and expense of the
Owner.
(19) Governing Law and Venue. This Regulatory Agreement shall be construed and
enforced pursuant to the laws of the State of Florida, excluding all principles of choice
of laws, conflict of laws and comity. Any action pursuant to a dispute under this
Regulatory Agreement must be brought in Miami -Dade County and no other
venue. All meetings to resolve said dispute, including voluntary arbitration,
mediation, or other alternative dispute resolution mechanism, will take place
in this venue. The parties both 'waive any defense that venue in Miami -Dade
County is not convenient.
(20) Counterparts. This Regulatory Agreement may be executed in any number
of counterparts, each of which so executed shall be deemed to be an original,
and such counterparts shall together constitute but one and the same Regulatory
Agreement. The parties shall be entitled to sign and transmit an electronic
signature of this Regulatory Agreement (whether by facsimile, PDF or other
email transmission), which signature shall be binding on the party whose name
is contained therein. Any party providing an electronic signature agrees to
promptly execute and deliver to the other parties an original signed Regulatory
Agreement upon request.
(21) Attorney's Fees. In the event litigation, arbitration, or mediation, between
the parties hereto, arises out of the terms of this Regulatory Agreement, each
party shall be responsible for its own attorney's fees, costs, charges, and
expenses through the conclusion of all appellate proceedings, and including
any final settlement or judgment.
(22) HUD Rider. The HUD Rider to Restrictive Covenants attached hereto as
Exhibit B is incorporated by reference herein.
[Signature Page Follows]
Page 6 of 14
THIS REGULATORY AGREEMENT has been executed and delivered as of the day and
year first above written.
BENEFICIARY:
ASSISTANCE TO THE ELDERLY, INC., a
Florida not for profit corporation
Print Name: Udct� a 4Ler f�'If 1
Address: n ri NW 7 SC'
ik4;cArudi FL 3312..(0 By:
P - nt Name: Al ha/Val/4dr
ale:j slat
Date: a aoa5
Addres):4(S du)
ACKNOWLEDGMENT
STATE OF FLORIDA
}
COUNTY OF MIAMI-DADE } SS:
The foregoing instilment was knowledged before me by means of ❑ physical presence or El
online notarization this i TV day of , 2025 by B c&ub u do , as Ad ' 0 r
of Assistance to the Elderly, Inc., a Florida not for p fit corporation, who is personally known to me or
has produced as identification.
Oar en t) a f6 S5
me:
otary Public, State of FI rida at large
a047."`�so : CARMEN CROSS
f; �e ; Commission # HH 329991
-�. `� 5 2027
�'"..°Mp?•' Expires March ,
i
Page 7of14
THIS REGULATORY AGREEMENT has been executed and delivered as of the day and
year first above written.
ATTEST:
dB.H
City Clerk
Date:
a nay
APPROVED AS TO FORM
AND CORRECTNESS:
/./
George 1 Wysong I
City Attorney
CITY:
CITY OF MIAMI, a municipal corporation
of the State of Flor'
By:
A hur No ega V
City Manager
Page 8 of 14
Exhibit A
Legal Description Of The Property
Lot 6, Block 1, of BLUE LAGOON CENTRE FIRST ADDITION, according to the Plat thereof,
as recorded in Plat Book 150, at Page 91, of the Public Records of MIAMI-DADE County, Florida.
Formerly known as
Lot 2, Block 1, of BLUE LAGOON CENTRE, according to the Plat thereof, as recorded in Plat
Book 134, Page 22, of the Public Records of MIAMI-DADE County, Florida.
Page 9 of 14
Exhibit B
HUD Rider to Restrictive Covenants
HUD RIDER TO RESTRICTIVE COVENANTS
This RIDER TO RESTRICTIVE COVENANTS is made as of [ "` iIrebrIAAPI 120.2_5, by
ASSISTANCE TO THE ELDERLY, INC., a Florida not for profit corporation ("Borrower")
and the CITY OF MIAMI, a municipal corporation of the State of Florida ("City").
WHEREAS, Borrower has obtained financing from GRANDBRIDGE REAL ESTATE
CAPITAL LLC, a North Carolina limited liability company, successor by assignment to Truist
Bank, a North Carolina banking corporation, successor by merger to SunTrust Bank, a Georgia
banking corporation, successor in interest to Pillar Capital Finance LLC, a Delaware limited
liability company ("Lender") for the benefit of the project known as Residential Plaza at Blue
Lagoon, FHA Project No. 066-22092 ("Project"), which loan is secured by an Amended and
Restated Healthcare Mortgage, Assignment of Leases and Rents, and Security Agreement
(Florida) ("Security Instrument") dated as of September 1, 2015, and recorded in the Clerk of the
Court of Miami -Date County, Florida ("Records") on September 31, 2015 as Document Number
2015R060767674, OR BK 29784, PG 2442, and is insured by the United States Department of
Housing and Urban Development ("HUD");
WHEREAS, Borrower has received Community Development Block Grant from the City, which
City is requiring certain restrictions be recorded against the Project ("Restrictive Covenants");
and
WHEREAS, HUD requires as a condition of its insuring Lender's financing to the Project, that
the lien and covenants of the Restrictive Covenants be subordinated to the lien, covenants, and
enforcement of the Security Instrument; and
WHEREAS, the City has agreed to subordinate the Restrictive Covenants to the lien of the
Mortgage Loan in accordance with the terms of this Rider.
NOW, THEREFORE, in consideration of the foregoing and for other consideration the receipt
and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
(a) In the event of any conflict between any provision contained elsewhere in the Restrictive
Covenants and any provision contained in this Rider, the provision contained in this Rider
shall govern and be controlling in all respects as set forth more fully herein.
(b) The following terms shall have the following definitions:
"Code" means the Internal Revenue Code of 1986, as amended.
"HUD" means the United States Department of Housing and Urban Development.
"HUD Regulatory Agreement" means the Healthcare Regulatory Agreement - Borrower
between Borrower and HUD with respect to the Project, as the same may be supplemented,
amended or modified from time to time.
"Lender" means GRANDBRIDGE REAL ESTATE CAPITAL LLC, a North Carolina
limited liability company, successor by assignment to Truist Bank, a North Carolina banking
corporation, successor by merger to SunTrust Bank, a Georgia banking corporation,
successor in interest to Pillar Capital Finance LLC, a Delaware limited liability company, its
successors and assigns.
Page 10 of 14
"Mortgage Loan" means the mortgage loan made by Lender to the Borrower pursuant to the
Mortgage Loan Documents with respect to the Project.
"Mortgage Loan Documents" means the Security Instrument, the HUD Regulatory
Agreement and all other documents required by HUD or Lender in connection with the
Mortgage Loan.
"National Housing Act" means the National Housing Act, 12 USC § 1 701 et seq., as amended.
"Program Obligations" has the meaning set forth in the Security Instrument.
"Residual Receipts" has the meaning specified in the HUD Regulatory Agreement.
"Security Instrument" means the mortgage or deed of trust from Borrower in favor of Lender,
as the same may be supplemented, amended or modified.
"Surplus Cash" has the meaning specified in the HUD Regulatory Agreement.
(c) Notwithstanding anything in the Restrictive Covenants to the contrary, the provisions hereof are
expressly subordinate to (i) the Mortgage Loan Documents, including without limitation, the
Security Instrument, and (ii) Program Obligations (the Mortgage Loan Documents and Program
Obligations are collectively referred to herein as the "HUD Requirements"). Borrower covenants
that it will not take or permit any action that would result in a violation of the Code, HUD
Requirements or Restrictive Covenants. In the event of any conflict between the provisions of
the Restrictive Covenants and the provisions of the HUD Requirements, HUD shall be and
remains entitled to enforce the HUD Requirements. Notwithstanding the foregoing, nothing
herein limits the City's ability to enforce the terms of the Restrictive Covenants, provided such
terms do not conflict with statutory provisions of the National Housing Act or the regulations
related thereto. The Borrower represents and warrants that to the best of Borrower's knowledge
the Restrictive Covenants impose no terms or requirements that conflict with the National
Housing Act and related regulations.
(d) Intentionally Omitted.
(e) Borrower and the City acknowledge that Borrower's failure to comply with the covenants
provided in the Restrictive Covenants will does not and will not serve as a basis for default
under the HUD Requirements, unless a separate default also arises under the HUD
Requirements.
In enforcing the Restrictive Covenants the City will not file any claim against the Project, the
Mortgage Loan proceeds, any reserve or deposit required by HUD in connection with the
Security Instrument or HUD Regulatory Agreement, or the rents or other income from the
property other than a claim against:
i. Available surplus cash, if the Borrower is a for -profit entity;
ii. Available distributions of surplus cash and residual receipts authorized for release
by HUD, if the Borrower is a limited distribution entity; or
iii. Available residual receipts authorized for release by HUD, if the Borrower is a non-
profit entity.
(f)
Page 11of14
(g)
For so long as the Mortgage Loan is outstanding, Borrower and City shall not further amend
the Restrictive Covenants, with the exception of clerical errors or administrative correction of
non -substantive matters, without HUD's prior written consent.
(h) Subject to the HUD Regulatory Agreement, the City may require the Borrower to indemnify and
hold the City harmless from all loss, cost, damage and expense arising from any claim or
proceeding instituted against City relating to the subordination and covenants set forth in the
Restrictive Covenants, provided, however, that Borrower's obligation to indemnify and hold the
City harmless shall be limited to available surplus cash and/or residual receipts of the Borrower.
Intentionally Omitted.
(i)
The statements and representations contained in this rider and all supporting documentation thereto
are true, accurate, and complete. This certification has been made, presented, and delivered for the
purpose of influencing an official action of HUD in insuring a multifamily loan, and may be relied
upon by HUD as a true statement of the facts contained therein.
Warning: Federal law provides that anyone who knowingly or willfully submits (or causes
to submit) a document containing any false, fictitious, misleading, or fraudulent
statement/certification or entry may be criminally prosecuted and may incur civil
administrative liability. Penalties upon conviction can include a fine and imprisonment, as
provided pursuant to applicable law, which includes, but is not limited to, 18 U.S.C. 1001,
1010, 1012; 31 U.S.C. 3729, 3802, 24 C.F.R. Parts 25, 28 and 30, and 2 C.F.R. Parts 180 and
2424.
[Counterpart Signature Pages to Follow]
Page 12 of 14
[Counterpart Signature Page — HUD Rider to Restrictive Covenants]
WITNESSES:
Print Name:
BORROWER:
ASSISTANCE TO THE ELDERLY, INC.,
a Florida not for profit corporation
il
dell ,
E CIE
, 11C41 nt By:
Pr' t Name: .4///i! e
itle: PresittEi t /Y!/lI i Sj_ rtaf t.
Print Name:
/ 'A »;W,o
ACKNOWLEDGMENT
STATE OF FLORIDA
}
COUNTY OF MIAMI-DADE } SS:
The foregoing instr ent was a nowledged before me by means of ❑ physical presence or ❑
online notarization this I day of •� , 2025 by 2(1- , as Admin. as President
of Assistance to the Elderly, Inc., a Florida not fo profit corporation, who is personally known to
me or has produced as identification.
rl#t,toss
ri
N
me:
tary Public, State of orida at large
`•'F"'"• :, CARMEN CROSS
:*= Commission # HH 329991
e7.
ms\ ti Expires March b, 2027
Page 13 of 14
[Counterpart Signature Page —HUD Rider to Restrictive Covenants]
ATTEST:
d B. Han
City Clerk
Date:
APPROVED AS TO FORM
AND CORRECTNESS:
George K. ysong 1
City Attorney (kc tkZ't-4
CITY:
CITY OF MIAMI, a municipal corporation
of the State of Floa
Bv:
Arthur Nbriega V
City Manager
Page 14of14
EXHIBIT L
DECLARATION OF COVENANTS
46
Prepared by, and after recording return to:
George K. Wysong III, Esq.
City Attorney, City of Miami
444 S.W. 2nd Avenue
Miami, FL 33130-1910
Tel: (305) 416-1800
Property Address: 5617 NW 7th Street, Miami FL 33126
DECLARATION OF RESTRICTIVE COVENANTS FOR
ASSISTANCE TO THE ELDERLY, INC.
This Declaration of Restrictive Covenants, for . Residential Plaza at Blue Lagoon (the
"Covenant") made this day of , - -LL , 2025 ("Effective Date") by ASSISTANCE TO.
THE. ELDERLY, Inc., a Florida not for profit corporation .(hereinafter referred to. as
"Beneficiary"),, is in favor of the CITY OF MIAMI, a municipal corporation of the State of
Florida (hereinafter referred to as the "City").
RECITALS
WHEREAS, the Beneficiary is the owner of the property legally described in Exhibit "A,"
attached hereto and incorporated herein; and
WHEREAS, the Beneficiary hereby agrees and covenants that the following described
property shall be subject to the provisions, covenants, and restrictions contained herein; and
WHEREAS,. this Covenant is made for the express benefit of the City of Miami ("City"),
a Florida municipal corporation. It shall remain in full force and effect until released by the City;
and
WHEREAS, the City has granted $350,000.00 in CDBG Community Development Block
Grant Program ("CDBG") funds to Beneficiary ("Grant") in order to rehabilitate the Project, as
more particularly described below; and
WHEREAS, the Beneficiary is the owner of a project that provides rental housing bed
units for Low and Moderate Income Households in the community known as Flagami (hereinafter
referred to as the "Project"),and will be using the. CDBG Grant in the rehabilitation of an existing
seven -floor residential rental building located at 5617 Northwest.7th Street; Miami i FL 33126, as
legally described in Exhibit "A" (hereinafter referred to as the "Property"). The Project consists
of a total .of three -hundred and fifty (350) residential apartment bed units of whichone hundred . .
and seventy-nine of which are CDBG-assisted bed units (the "CDBG-Assisted Beds"), and are all
subject to the terms, covenants, and restrictions contained herein; and
WHEREAS, the City's allocation of funds for the Project is subject to that certain CDBG
Grant Agreement for Assistance to the Elderly (the "CDBG Grant Agreement" or "Grant
Agreement") and other Grant. documents of even date herewith between the City and the
Beneficiary (collectively the "Grant Documents"); and
WHEREAS, Beneficiary desires to make a binding commitment to assure that the CDBG
Assisted Beds and the Property in general are maintained and operated in accordance with the
provisions of the Grant Documents and this Covenant; and
WHEREAS, Beneficiary, as a condition for receiving the Grant funds to construct the
Project is required to record in the Public Records. of Miami -Dade County, Florida, this Covenant
Page 1 of 11.
obligating the Beneficiary, its successors, transferees, and assigns to maintain and operate the
Property in accordance with the Grant Documents; and
WHEREAS, the Beneficiary hereby declares that this Covenant shall be and is a covenant
running with the Property and, unless released by the City, is binding on the Property for the entire
Affordability Period, and is not merely a personal covenant of the Beneficiary; and
NOW THEREFORE, Beneficiary voluntarily covenants and agrees that the CDBG
Assisted Beds and the Property in general shall be subject to the following restrictions that are
intended and shall be deemed to be covenants running with the land and binding upon Beneficiary,
and its heirs, transferees, successors and assigns as follows:
Section 1. Recitals: The recitals and findings set forth in the preamble of this Covenant
are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Use of Property: There shall be a total of one hundred and seventy-nine (179)
CDBG Assisted Beds in the Project that shall remain Affordable for eligible tenants. One hundred
and seventy-nine (179) project bed units shall be assisted with CDBG funds for Low Income to
Moderate Income Individuals for the period of time commencing on the date of the Close -Out of
the Project and ending thirty (30) years thereafter (the "Expiration of the Affordability Period").
The one hundred and seventy-nine (179) CDBG Assisted Beds shall consist of one hundred and
seventy-nine (179) bed units. "Low and Moderate Income" shall mean a household whose annual
income does not exceed eighty percent (80%) of the median income for the area, as determined by
the U.S. Department of Housing and Urban Development, with certain exceptions and adjustments
for family size.
Section 3. Term of Covenant: This Covenant is a covenant running with the land. This
Covenant shall remain in full force and effect and shall be binding upon the Beneficiary, its
successors and assigns from the Effective Date until the Expiration of the Affordability Period.
The Affordability Period of this Project is thirty (30) years commencing on Close -Out of the
Project. Upon the Expiration of the Affordability Period, this Covenant shall immediately lapse
and be of no further force and effect without the necessity of any other written document or
instrument. Notwithstanding the foregoing, upon the Expiration of the Affordability Period, the
City shall prepare for recording an instrument evidencing the expiration of and other termination
of this Covenant in the Public Records of Miami -Dade County, Florida.
Section 4. Prohibited Conveyances: Except as provided in the Grant Documents, including
the Permitted Senior Financing described therein, the Beneficiary covenants and agrees not to
encumber or convey its interest in the Project, Property, or any portion thereof, without City's
prior written consent as required by the Grant Agreement. For the purposes of this Covenant, any
change in the ownership or control of the Beneficiary, which is not permitted under the Grant
Documents, shall be deemed a conveyance of an interest in the Project.
Section 5. Repayment Upon Default: The Beneficiary covenants and agrees that in the
event (i) of the sale or conveyance of any interest in the Project and/or the Property without City's
prior written consent as required by the Grant Documents (except as otherwise provided in the
Grant Documents), or (ii) that the Beneficiary ceases to exist as an organization, the Beneficiary
shall immediately make payment to the City in an amount equal to the full amount of Grant funds
disbursed and outstanding, with interest thereon as provided in the Note, all Program Income (as
defined in 24 CFR Part 570) derived from or in connection with the Project, the Property and/or
Page 2 of 11
the Loans, and all unpaid fees, charges and other obligations of the Beneficiary due under any of the
CDBG Grant Documents.
Section 6. Inspection and Enforcement: It is understood and agreed that any official
inspector of the City shall have the right any time during normal working hours to enter and
investigate the use of the Property to determine whether the conditions of this Covenant are in
compliance, subject to the rights of residential tenants under their leases.
Section 7. Amendment and Modification: This Covenant may be modified, amended, or
released as to any portion of the Property by a written instrument executed by the City and the
Beneficiary or their respective successors -in -interest. Should this instrument be modified,
amended, or released, the City Manager, or such person who hereafter is delegated such authority,
shall execute a written instrument in recordable form to be recorded in the Public Records of
Miami -Dade County, Florida, effectuating and acknowledging such modification, amendment, or
release.
Section 8. Definitions: All capitalized terms not defined herein shall have the meanings
provided in the CDBG Grant Agreement.
Section 9. Severability: Invalidation of one of the provisions of this Covenant by judgment
of Court shall not affect any of the other provisions of the Covenant, which shall remain in full
force and effect.
Section 10. Recordation: This Covenant shall be filed of record among the Public Records
of Miami -Dade County, Florida, at the sole cost and expense of the Beneficiary.
Section 11. Deed Restriction/Covenant Running with the Land. Any and all requirements
of the laws of the State of Florida that must be satisfied in order for the provisions of this Covenant
to constitute a deed restriction and covenant running with the land shall be satisfied in full, and
any requirements or privileges of estate are intended to be satisfied, or in the alternate, an equitable
servitude has been created to insure that these restrictions run with the land. For the term of this
Covenant, each and every contract, deed, or other instrument hereafter executed conveying the
Property or portion thereof shall expressly provide that such conveyance is subject to this
Covenant, provided, however, that the covenants contained herein shall survive and be effective
regardless of whether such contract, deed, or other instrument hereafter executed conveying the
Property or portion thereof provides that such conveyance is subject to this Covenant.
Section 12. Governing Law and Venue. This Covenant shall be construed and enforced
pursuant to the laws of the State of Florida, excluding all principles of choice of laws, conflict of
laws and comity. Any action pursuant to a dispute under this Covenant must be brought in
Miami -Dade County and no other venue. All meetings to resolve said dispute, including
voluntary arbitration, mediation, or other alternative dispute resolution mechanism, will
take place in this venue. The parties both waive any defense that venue in Miami -Dade
County is not convenient.
Section 13. Costs, Including Attorney's Fees. In the event litigation, arbitration, or
mediation, between the parties hereto, arises out of the terms of this Covenant, each party
shall be responsible for its own attorney's fees, costs, charges, and expenses through the
conclusion of all appellate proceedings, and including any final settlement or judgment.
Section 14. HUD Rider. The HUD Rider to Restrictive Covenants attached hereto
as Exhibit B is incorporated by reference herein.
Page 3 of 11
IN WITNESS WHEREOF, the Beneficiary has caused this Declaration of Restrictive
Covenants to be executed by its duly authorized officers and the corporate seal to be affixed
hereto on the day and year first above -written.
WITNESSES:
Print Name:
cam'—1�b►r,h'rw�
Address: Sao (7 iV W 7 5C
I4I arwi - fZ 331 Z , By.
P nt Name:
BENEFICIARY:
ASSISTANCE TO THE ELDERLY, INC., a
Florida not for profit corporation
itle: fiA
Date: 427'Tiro2.5
Print Name: .4*. qq 1
Address:•
o C Ste/ 9 7
ZAM'. FL . /ss
ACKNOWLEDGMENT
STATE OF FLORIDA
}
COUNTY OF MIAMI-DADE } SS:
h,id
The foregoing inst u ent wasAcknowledged before me by means of ❑ physical presence or Elonline notarization this ay of Plebr , 2025 by 8 , as as I\�Ni& lit Ad4Vin4}0k6
of Assistance to the El erly, Inc., a Florida not foil profit corporation, who is personally known to
S or has produced as identification.
ch.!/ 16A) 1 Co'5
ame:
44!4,
r Pu lic State of Florida
otary at large
;inti'`14.... • CARMEN CROSS
I Commission # HH 329991
+ do 44. Expires March 5, 2027
Page 4 of 11
ATTEST: CITY OF MIAMI, unicipal corporation of the State of
Florida
Date:
APPRO
REQ
Arthur Noriega V, O ty M Tnager
aoa
1► URANCE APPROVED AS TO FORM AND
CORRECTNESS:
Ann-M. le Sharpe George ysong I
Direct. of Risk Management City Attorney
Page 5 of 11
Exhibit A
Legal Description Of The Property
Lot 6, Block 1, of BLUE LAGOON CENTRE FIRST ADDITION, according to the Plat thereof,
as recorded in Plat Book 150, at Page 91, of the Public Records of MIAMI-DADE County, Florida.
Formerly known as
Lot 2, Block 1, of BLUE LAGOON CENTRE, according to the Plat thereof, as recorded in Plat
Book 134, Page 22, of the Public Records of MIAMI-DADE County, Florida.
Page 6of11
Exhibit B
HUD Rider to Restrictive Covenants
HUD RIDER TO RESTRICTIVE COVENANTS
This RIDER TO RESTRICTIVE COVENANTS is made as of [IA s 20.?by
ASSISTANCE TO THE ELDERLY, INC., a Florida not for profit corporation (` orrower")
and the CITY OF MIAMI, a municipal corporation of the State of Florida ("City").
WHEREAS, Borrower has obtained financing from GRANDBRIDGE REAL ESTATE
CAPITAL LLC, a North Carolina limited liability company, successor by assignment to Truist
Bank, a North Carolina banking corporation, successor by merger to SunTrust Bank, a Georgia
banking corporation, successor in interest to Pillar Capital Finance LLC, a Delaware limited
liability company ("Lender") for the benefit of the project known as Residential Plaza at Blue
Lagoon, FHA Project No. 066-22092 ("Project"), which loan is secured by an Amended and
Restated Healthcare Mortgage, Assignment of Leases and Rents, and Security Agreement
(Florida) ("Security Instrument") dated as of September 1, 2015, and recorded in the Clerk of the
Court of Miami -Date County, Florida ("Records") on September 31, 2015 as Document Number
2015R060767674, OR BK 29784, PG 2442, and is insured by the United States Department of
Housing and Urban Development ("HUD");
WHEREAS, Borrower has received a Community Development Block Grant ("CDBG") from the
City, which City is requiring certain restrictions be recorded against the Project ("Restrictive
Covenants"); and
WHEREAS, HUD requires as a condition of its insuring Lender's financing to the Project, that
the lien and covenants of the Restrictive Covenants be subordinated to the lien, covenants, and
enforcement of the Security Instrument; and
WHEREAS, the City has agreed to subordinate the Restrictive Covenants to the lien of the
Mortgage Loan in accordance with the terms of this Rider.
NOW, THEREFORE, in consideration of the foregoing and for other consideration the receipt
and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
(a) In the event of any conflict between any provision contained elsewhere in the Restrictive
Covenants and any provision contained in this Rider, the provision contained in this Rider
shall govern and be controlling in all respects as set forth more fully herein.
(b) The following terms shall have the following definitions:
"Code" means the Internal Revenue Code of 1986, as amended.
"HUD" means the United States Department of Housing and Urban Development.
"HUD Regulatory Agreement" means the Healthcare Regulatory Agreement - Borrower
between Borrower and HUD with respect to the Project, as the same may be supplemented,
amended or modified from time to time.
"Lender" means GRANDBRIDGE REAL ESTATE CAPITAL LLC, a North Carolina limited
liability company, successor by assignment to Truist Bank, a North Carolina banking
corporation, successor by merger to SunTrust Bank, a Georgia banking corporation, successor
in interest to Pillar Capital Finance LLC, a Delaware limited liability company, its successors
and assigns.
Page 7 of 11
"Mortgage Loan" means the mortgage loan made by Lender to the Borrower pursuant to the
Mortgage Loan Documents with respect to the Project.
"Mortgage Loan Documents" means the Security Instrument, the HUD Regulatory
Agreement and all other documents required by HUD or Lender in connection with the
Mortgage Loan.
"National Housing Act" means the National Housing Act, 12 USC § 1701 et seq., as amended.
"Program Obligations" has the meaning set forth in the Security Instrument.
"Residual Receipts" has the meaning specified in the HUD Regulatory Agreement.
"Security Instrument" means the mortgage or deed of trust from Borrower in favor of Lender,
as the same may be supplemented, amended or modified.
"Surplus Cash" has the meaning specified in the HUD Regulatory Agreement.
(c) Notwithstanding anything in the Restrictive Covenants to the contrary, the provisions hereof are
expressly subordinate to (i) the Mortgage Loan Documents, including without limitation, the
Security Instrument, and (ii) Program Obligations (the Mortgage Loan Documents and Program
Obligations are collectively referred to herein as the "HUD Requirements"). Borrower covenants
that it will not take or permit any action that would result in a violation of the Code, HUD
Requirements or Restrictive Covenants. In the event of any conflict between the provisions of
the Restrictive Covenants and the provisions of the HUD Requirements, HUD shall be and
remains entitled to enforce the HUD Requirements. Notwithstanding the foregoing, nothing
herein limits the City's ability to enforce the terms of the Restrictive Covenants, provided such
terms do not conflict with statutory provisions of the National Housing Act or the regulations
related thereto. The Borrower represents and warrants that to the best of Borrower's knowledge
the Restrictive Covenants impose no terms or requirements that conflict with the National
Housing Act and related regulations.
(d) Intentionally Omitted.
(e) Borrower and the City acknowledge that Borrower's failure to comply with the covenants
provided in the Restrictive Covenants will does not and will not serve as a basis for default
under the HUD Requirements, unless a separate default also arises under the HUD
Requirements.
(f) In enforcing the Restrictive Covenants the City will not file any claim against the Project, the
Mortgage Loan proceeds, any reserve or deposit required by HUD in connection with the
Security Instrument or HUD Regulatory Agreement, or the rents or other income from the
property other than a claim against:
i. Available surplus cash, if the Borrower is a for -profit entity;
ii. Available distributions of surplus cash and residual receipts authorized for release by
HUD, if the Borrower is a limited distribution entity; or
iii. Available residual receipts authorized for release by HUD, if the Borrower is a non-profit
entity.
Page 8 of 11
(g)
For so long as the Mortgage Loan is outstanding, Borrower and City shall not further amend
the Restrictive Covenants, with the exception of clerical errors or administrative correction of
non -substantive matters, without HUD's prior written consent.
(h) Subject to the HUD Regulatory Agreement, the City shall require the Borrower to indemnify,
defend and hold the City harmless from all loss, cost, damage and expense arising from any claim
or proceeding instituted against City relating to the subordination and covenants set forth in the
Restrictive Covenants, provided, however, that Borrower's obligation to indemnify and hold the
City harmless shall be limited to available surplus cash and/or residual receipts of the Borrower.
Intentionally Omitted.
(i)
The statements and representations contained in this rider and all supporting documentation thereto
are true, accurate, and complete. This certification has been made, presented, and delivered for the
purpose of influencing an official action of HUD in insuring a multifamily loan, and may be relied
upon by HUD as a true statement of the facts contained therein.
Warning: Federal law provides that anyone who knowingly or willfully submits (or causes
to submit) a document containing any false, fictitious, misleading, or fraudulent
statement/certification or entry may be criminally prosecuted and may incur civil
administrative liability. Penalties upon conviction can include a fine and imprisonment, as
provided pursuant to applicable law, which includes, but is not limited to, 18 U.S.C. 1001,
1010, 1012; 31 U.S.C. 3729, 3802, 24 C.F.R. Parts 25, 28 and 30, and 2 C.F.R. Parts 180 and
2424.
[Counterpart Signature Pages to Follow]
Page 9 of 11
[Counterpart Signature Page — HUD Rider to Restrictive Covenants]
a( -
BORROWER:
ASSISTANCE TO THE ELDERLY, INC.,
a Florida not for profit corporation
c.trh'ib By
Pr' t Name:
itle: ar—e
ACKNOWLEDGMENT
STATE OF FLORIDA
}
COUNTY OF MIAMI-DADE } SS:
a76akae
The foregoing ins r ment was knowledged before me by means of ❑ physical presence or ❑
online notarization this day of , , 2025 by Bev , as as Procident AtM't lJhafei
of Assistance to the Elderly, Inc., a Florida not r profit corporation, who is personally known to
me or has produced
as identification.
wireifame:
Notary Public, State of Florida at large
1
Page 10 of 11
ATTEST:
Date:
[Counterpart Signature Page — HUD Rider to Restrictive Covenants]
CITY:
CITY OF MIAI, a municipal corporation of the State of
Florida
11111111-4,
By:
annon, Arthur NoriegaV, City Manager
1 aoas
APPROVED
CORREC
ANCE
A -Marie arpe
Director of ' isk Management
APPROVED AS TO FORM AND REQUIREMENTS
George K. ysong III
Wre
City Attorney
Page 11 of 11
1:kQi'4 "a6
EXHIBIT M
DISBURSEMENT AGREEMENT
47
DISBURSEMENT AGREEMENT FOR.
ASSISTANCE TO THE ELDERLY, INC.
This Disbursement Agreement for Community Development Block Grant ("CDBG")
funds ("Agreement") is made as of this. 2-V day of , 2025 by :and between
ASSISTANCE TO. THE ELDERLY, INC., a Florida not or profit corporation (hereinafter
referred to as "Beneficiary"), and the CITY OF MIAMI, a municipal corporation of the State of
Florida (hereinafter the. "City").
RECITALS
WHEREAS, the Beneficiary is rehabilitating a project known as the Residential Plaza at
Blue Lagoon (the "Project") that will increase the supply of affordable housing Bed Units for Low
and Moderate Income Individuals in the Flagami neighborhood of Miami, Florida; and
WHEREAS, on December 19, 2023, the City's Housing and Commercial Loan Committee
("HCLC") approved an allocation of CDBG funds in the total amount not to exceed of $350,000.00
to Beneficiary for the Project's rehabilitation costs (the "CDBG Funds"); and
WHEREAS, the funding commitment of the City to the Beneficiary for the CDBG Funds
is more fully described in that certain CDBG Grant Agreement of even date herewith (the "CDBG
Agreement"); and .
WHEREAS, the Beneficiary and the City desire to establish the mechanism whereby the
Beneficiary will apply to receive the CDBG Funds;
NOW, THEREFORE, for and in consideration of the Beneficiary's rehabilitation of the
Project and the reciprocal agreements set forth herein, the. Beneficiary and the City agree as
follows:
ARTICLE I
DISBURSEMENT PROCEDURE.
1.1 The CDBG Agreement establishes the conditions to the City's obligation to grant
the CDBG Funds to the Project Sponsor. The Beneficiary may not request disbursement of funds
pursuant to this Disbursement Agreement until such funds are needed for the reimbursement of
eligible costs.
Provided the City is obligated to disburse the CDBG Funds pursuant to the CDBG
Agreement, the City will disburse such funds in accordance with this Article I.
1.2 The Beneficiary shall submit draw requests for the CDBG Funds, which draw
requests will be submitted not more frequently than one (1) time per month. The City shall not
fund any. draw request in an amount that exceeds the City's initial contribution percentage of the
entire development cost of the project. The Beneficiary will submit or cause to be submitted the
following documentation to the City:
(a) Rehabilitation Costs:
Pagel .of 6
(i) A Request for Disbursement, in a form acceptable to the City, setting
forth such details concerning rehabilitation of the Project as the City shall require, including: the
amount paid to date to the General Contractor rehabbing the Project (the "Contractor") and
pursuant to the contract for the rehabilitation of the Project between the Beneficiary and the
Contractor (the "Rehabilitation Contract"); the amounts, if any, paid directly by the Beneficiary
to subcontractors of the Contractor and material men; the amount then currently payable to the
Contractor, broken down by trades; the amounts paid on account of the Contractor's construction
fee; and the balance of the rehabilitation costs which will remain unpaid after the payment of the
amount currently payable.
(ii) Any Request for Disbursement must be submitted to the City by no later than
the thirtieth (30th) day of each month. Each Request for Disbursement must be signed by the
Project Sponsor, the architect for the Project and the Contractor.
(iii) Applications for receiving CDBG Funds for reimbursement of hard costs will
include a Memorandum of Advance and such architectural documents as the City may require.
The City Inspector, as described in Section 1.3 hereof, shall be required to certify with each draw
request: the amount of work on the Project that has been completed; the good and acceptable
workmanship of the Contractor and its subcontractors; compliance with approved final plans and
specifications of the Project; and such other matters as the City may require. Lien
waivers/releases shall be submitted to the City Inspector for review and approval before each
disbursement. If the City requires that its title insurance policy be updated, the Beneficiary shall
also submit to the title insurance company all lien waivers/releases in connection with each
proposed draw. All costs associated with the title insurance company updating the title insurance
policy shall be paid by the Project Sponsor.
(b) Such other information and documents as the City may require.
(c) Each Request for Disbursement shall constitute a representation and certification by
the Beneficiary and the Contractor to the City that:
(i) The materials have been physically incorporated into the Project, free of liens
and security interests, and that the rehabiliation of the Project to date has been performed
substantially in accordance with the drawings and specifications and in a first-class workmanlike
manner;
(ii) All governmental licenses and permits required by the Project as then
completed have been obtained and are available for inspection by the City;
(iii) The Project as then completed does not violate any law, ordinance, rule,
regulation, or order or decree of any court or governmental authority; and
(iv) No Event of Default has occurred and is continuing and there is no continuing
default under the Rehabilitation Contract.
Page 2 of 6
(v) The Project Sponsor, the Contractor and each subcontractor has complied with
all Federal, state and local laws and regulations relating to labor standards and with HUD
Handbook 1344.1.
(vi) Such other information and documents as the City may reasonably require.
1.3 The City Inspector will review the work that is incorporated into the Project and
for which each Request for Disbursement of the CDBG Funds is submitted. The City Inspector
will review and approve the final plans and specifications for the Project and will review and
approve the draw requests based on the percentage of work completed. The City Inspector's
reviews, approvals, and conclusions shall be for the sole benefit of the City.
All construction change orders must receive the prior written approval of the City Inspector.
Change orders that have not received the prior written approval of the City Inspector shall not be
approved for payment/ reimbursement by the City.
1.4 Within ten (10) working days of its receipt of a Request for Disbursement
delivered pursuant to Section 1.2 hereof and without attempting to verify the completeness of
same, the City will notify the City Inspector of the need to inspect the progress of rehabilitation
work at the Project (the "Notification") and shall forward to the City Inspector the Request for
Disbursement that has been delivered by the Project Sponsor.
1.5 The City Inspector shall complete its inspection and submit its report to the City
within five (5) working days of receipt of the Notification.
1.6 If the City finds the materials submitted by the Beneficiary and the report of
inspection by the City Inspector to be satisfactory to the City and in accordance with the CDBG
Agreement, the City shall fund to the Beneficiary the sum requested by the Beneficiary or such
lower sum as the City deems appropriate.
1.7 The City shall fund disbursements of the CDBG Funds by no later than fourteen
(14) working days after it has received both the Request For Disbursement, in the form required
by Section 1.2 hereof, and the inspection report of the City Inspector, in the form required by
Sections 1.2 and 1.3 hereof, provided that all necessary documentation is complete and correct.
1.8 The City shall retain five percent (5%) of the CDBG Funds allocated to the
Beneficiary(the "Allocation Retainage") until it has received confirmation that the project has
issued a Certificate of Occupancy, and at the Project Sponsor's sole cost, a Final Cost
Certification prepared by an independent certified public accountant, both in form and substance
acceptable to the City.
1.9 The City reserves the right to refuse to fund any disbursement request(s) in the
event that the City determines that the Project and/or the Beneficiary are not in compliance with
any local, state or federal law or requirement.
Page 3 of 6
1.10 Disbursements for other than hard costs, if permitted pursuant to the CDBG
Agreement, shall be made in accordance with the City of Miami Department of Housing and
Community Development Disbursement of Funds Checklist.
ARTICLE II
MISCELLANEOUS
2.1 This Agreement may only be amended in writing by all the parties hereto.
2.2 This Disbursement Agreement, the CDBG Agreement and the other documents
executed by the parties in connection therewith constitute the entire agreement between the
parties hereto and no other agreements or representations, unless incorporated in this
Disbursement Agreement, shall be binding upon any of the parties hereto.
2.3 All capitalized terms not defined herein shall have the meanings provided in the
CDBG Agreement.
2.4 In the event litigation, arbitration, or mediation, between the parties hereto, arises
out of the terms of this Disbursement Agreement, each party shall be responsible for its own
attorney's fees, costs, charges, and expenses through the conclusion of all appellate proceedings,
and including any final settlement or judgment.
2.5 This Disbursement Agreement may be executed in any number of counterparts,
each of which so executed shall be deemed to be an original, and such counterparts shall together
constitute but one and the same Disbursement Agreement. The parties shall be entitled to sign
and transmit an electronic signature of this Disbursement Agreement (whether by facsimile, PDF
or other email transmission), which signature shall be binding on the party whose name is
contained therein. Any party providing an electronic signature agrees to promptly execute and
deliver to the other parties an original signed Disbursement Agreement upon request.
(Signatures on following page)
Page 4 of 6
IN WITNESS WHEREOF, this Agreement has been executed by the Beneficiary and the
City on the date first above written.
WITNESSES:
A',—�.!2
Print Name: LO/y)A /j'jo
BENEFICIARY'S ADDRESS:
5617 NW 7th Street,
SUITE 205
Miami FL 33126-3216.
Attention: Barbara Galindo
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
BENEFICIARY:
ASSISTANCE TO THE ELDERLY,
INC., a Florida not for profit
corporation
By
P nt Name:' 4( ra Gc, I a -
ACKNOWLEDGMENT
The foregoing instrument was acknowledged before me by means of O physical presence or El
online notarization, this day of 2025 byBurbora Galindo as&Winis. frator OF
Assistance to the Elderly, Inc. He is personally own to me or has produced
as identification.
(NOTARY PUBLIC SEAL)
Vadikrzem
Signature of Person Taking
Acknowledgment
(Printed, Typed, or Stamped Name of Notary
Public)
Serial Number, if any
Page 5 of 6
ATTEST:
APPROVED AS TO FORM
AND CORRECTNESS:
By
George K. Wysong III v�
City Attorney R
CITY:
CITY OF MIAMI, a municipal corporation
of the State of Flsn-ida
Arthur Ndi?iega V
City Manager
Page 6 of 6
EXHIBIT N
ANTI -HUMAN TRAFFICKING
AFFIDAVIT
1. The undersigned affirms, certifies, attests, and stipulates as follows:
a. The entity is a non -governmental entity authorized to transact business in the State of
Florida.
b. The nongovernmental entity is either executing, renewing, or extending a contract
(including, but not limited to, any amendments, as applicable) with the City of Miami
("City") or one of its agencies, authorities, boards, trusts, or other City entity which
constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes
(2024).
c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024),
titled "Human Trafficking."
d. The nongovernmental entity does not use "coercion" for labor or services as defined in
Section 787.06, Florida Statutes (2024).
2. Under penalties of perjury, pursuant to Section 92.525, Florida Statutes, I declare the
following:
a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the
facts, statements and representations provided in Section 1 are true and correct.
b. I am an officer or a representative of the nongovernmental entity authorized to execute
this Anti -Human Trafficking Affidavit.
FURTHER AFFIANT SAYETH NAUGHT.
Nongove mental Entity:
Name:
Signature of Officer.
Office Address:
Email Address..
/V% . 7
, Iany,,Fi:3lIafo
rpsideaka ( Main Phone Number:
p/4za .c.cwi
805=a 7 d7o0 cx� was
15 u2
48