HomeMy WebLinkAbout26100AGREEMENT INFORMATION
AGREEMENT NUMBER
26100
NAME/TYPE OF AGREEMENT
SEOPW CRA & TEMPLE MISSIONARY BAPTIST CHURCH,
INC.
DESCRIPTION
GRANT AGREEMENT/RENOVATION & REPAIRS/FILE ID:
18339/CRA-R-25-0059
EFFECTIVE DATE
March 10, 2026
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
3/10/2026
DATE RECEIVED FROM ISSUING
DEPT.
4/30/2026
NOTE
GRANT AGREEMENT
This GRANT AGREEMENT ("Agreement") is made as of this 10 day of t-4ArCin 2026
("Effective Date") by and between the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356,
Florida Statutes ("SEOPW CRA" or "Grantor"), and TEMPLE MISSIONARY BAPTIST CHURCH, INC., a
Florida Not -For -Profit Corporation ("Grantee") (collectively, the "Parties").
RECITALS
A. WHEREAS, the SEOPW CRA is responsible for carrying out community redevelopment
activities and projects within its Redevelopment Area in accordance with the 2018 Southeast Overtown/Park West
Community Redevelopment Plan Update, as amended and restated (the "Plan"); and
B. WHEREAS, pursuant to Section 163.340(9), Florida Statutes, "community redevelopment means
projects of a ... community redevelopment agency in a community redevelopment area for the elimination and
prevention of the development or spread of slum and blight"; and
C. WHEREAS, Section 2, Goal 1, of the Plan, lists the "preserv[ation] of historic buildings and
community heritage," as a stated redevelopment goal; and
D. WHEREAS, Section 2, Principle 8, of the Plan, provides that "[o]lder buildings that embody the
area's cultural past should be restored," as a stated redevelopment goal; and
E. WHEREAS, Grantee, a religious organization, is the owner of certain real property located in the
Overtown district at 1723 Northwest 3`d Avenue, Miami, Florida 33136 (Folio No. 01-3136-029-0360)
("Property"), and is in need of improvements in furtherance of its operation of Temple Missionary Baptist Church,
a house of worship, currently located on the Property (the "Project"); and
F. WHEREAS, Grantee submitted a proposal, attached and incorporated herein as Exhibit "A,"
requesting a grant from the SEOPW CRA in order to undertake the Project; and
G. WHEREAS, the Board of Commissioners of the SEOPW CRA ("Board"), by Resolution No.
CRA-R-25-0059, attached hereto as Exhibit `B," passed and adopted on October 23, 2025, authorized the issuance
of a grant, in an amount not to exceed Three Hundred Sixty Thousand Dollars and Zero Cents ($360,000.00) (the
"Grant") to the Grantee to underwrite costs associated with the Project; and
H. WHEREAS, the Parties wish to enter into this Agreement to set forth the terms and conditions
relating to the use of the Grant ("Purpose");
NOW THEREFORE, in consideration of the mutual promises of the Parties contained herein and other
good and valuable consideration, receipt and sufficient of which is hereby acknowledged, the SEOPW CRA and
Grantee agree as follows:
1. RECITALS. The Recitals to this Agreement are true and correct, and are incorporated herein by
referenced and made a part hereof.
2. GRANT. Subject to the terms and conditions set forth herein and Grantee's compliance with all of
its obligations hereunder, the SEOPW CRA hereby agrees to make available to Grantee funds not to exceed the
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authorized amount, pursuant to CRA-R-25-0059, to be used exclusively for the Purpose stated herein and disbursed
in the manner hereinafter provided.
3. USE OF GRANT. The Grant shall be used to underwrite costs associated with the Project, in
accordance with the approved Scope of Work and Budget ("Project Budget"), attached hereto as Exhibit "C." As
indicated on Section 5(e) of the 2007 Interlocal Agreement, the Grant shall be used solely towards the Property
infrastructure. Grantee is aware that the SEOPW CRA is not obligated to expend additional funds beyond the
authorized amount defined herein.
4. TERM. The term of this Agreement shall commence on the Effective Date written above and shall
terminate upon the earlier of full disbursement of Three Hundred Sixty Thousand Dollars and Zero Cents
($360,000.00), or earlier as provided for herein; provided, however, that the following rights of the SEOPW CRA
shall survive the expiration or early termination of this Agreement: to audit or inspect; to require reversion of assets;
to enforce representations, warranties and certifications; to exercise entitlement to remedies, limitation of liability,
indemnification, and recovery of fees and costs. The Term of the Restrictive Covenant, attached and incorporated
herein as Exhibit "D" ("Covenant"), signed in consideration for the Grant, shall remain in force, as stipulated in
the Covenant, even when the Term of this Agreement has been reached or the Grant has been disbursed in full.
5. DISBURSEMENT OF GRANT.
a. GENERALLY. Subject to the terms and conditions contained in this Agreement, the
SEOPW CRA shall make available to Grantee up to the Grant amount. In no event shall payments to Grantee under
this Grant agreement exceed the Grant amount. Payments shall be made to Grantee or directly to vendors on behalf
of Grantee, only after receipt and approval of requests for disbursements. As indicated in the Covenant (Exhibit
"D"), the disbursed funds shall be used exclusively for the improvement and preservation of Temple Missionary
Baptist Church, currently located on the Property.
b. PRE -APPROVAL OF EXPENSES. Grantee agrees to submit to the SEOPW CRA all
requests for the expenditure of Grant funds for pre -approval by the SEOPW CRA. Failure to submit said requests
prior to incurring expenses may result in the Grantee bearing the costs incurred. The SEOPW CRA shall review
said requests to ensure that the expense(s) sought to be incurred by the Grantee is an expense within the approved
Project Budget, attached hereto as Exhibit "C," and the SEOPW CRA reserves the right to deny any and all requests
it deems to be outside of the approved Project Budget.
c. REQUESTS FOR DISBURSEMENT OF GRANT. All requests for the disbursement of
funds by Grantee shall be submitted in writing to the SEOPW CRA by Grantee's authorized representative prior
to the termination of this Agreement. All such requests must be accompanied by supporting documents reflecting
the use of funds and/or expenditures incurred, and that the request is being made in accordance with the approved
Project Budget, as reflected in Exhibit "C," for expenditures incurred during the Term of this Agreement. For
purposes of this Agreement, "supporting documentation" may include invoices, receipts, photographs, and any
other materials evidencing the expense incurred. Grantee agrees that all invoices or receipts reflecting the expenses
incurred in connection to the Program shall be in Grantee's name, and not in the name of the SEOPW CRA in light
of Grantee's inability to bind the SEOPW CRA to any legal and/or monetary obligation whatsoever. The SEOPW
CRA reserves the right to request additional supporting documentation for any expenditures, and the SEOPW CRA
reserves the right to deny any and all requests it deems to be outside of the approved Program Budget. Grantee's
failure to provide additional supporting documentation or explanation regarding expenses incurred, when requested
by the SEOPW CRA, shall serve as grounds for immediate termination of this Agreement, and Grantee solely shall
bear all costs associated with any expenditures not approved by the SEOPW CRA. Grantee understands and
acknowledges that the SEOPW CRA shall not disburse grant funds for any expense that has not been previously
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approved by the SEOPW CRA in accordance with Section 5(b) above, and that such expenses shall be borne solely
by the Grantee.
d. CASH AND MOBILE PAYMENT TRANSACTIONS PROHIBITED. The Parties agree
that no payment will be made to Grantee as a reimbursement for any Project -specific expenditure paid in cash or
via mobile payment application(s), including, but not limited to, Cash App, Zelle, PayPal, and Venmo. Grantee
acknowledges that cash and mobile payment transactions are insufficient per se to comply with record -keeping
requirements under this Agreement.
e. APPROVAL OF BUDGET MODIFICATIONS. Grantee agrees to submit any and all
budget modifications, in writing, including line -item expenditures and descriptions, which exceed the approved
budgeted amount, to the Executive Director for approval.
f. NO ADVANCE PAYMENTS. Unless authorized by the Executive Director, the SEOPW
CRA shall not make advance payments to the Grantee or Grantee's vendors for services not performed or for goods,
materials or equipment, which have not been delivered to the Grantee for use in connection with the Project.
g. UNFORESEEN COSTS AND/OR CHANGE ORDERS. During the course of the Project,
should unforeseen costs and/or change orders arise that are not within, or exceed, the approved Project Budget,
Grantee shall immediately request cost approval by submitting a written request to the SEOPW CRA, stating the
reason for the unforeseen cost and/or change order with supporting documentation prior to incurring said cost(s).
Failure to submit said request(s) to the SEOPW CRA, and obtain express approval, prior to incurring expenses
shall result in the Grantee bearing all costs incurred. Grantee acknowledges that the SEOPW CRA has no obligation
to fund unforeseen costs or change orders that are not within, or exceed, the approved Project Budget, or which
will cause the amount of the Grant to be exceeded.
h. RETAINAGE. The SEOPW CRA shall retain ten percent (10%) of all invoice amounts
and shall release the same to Grantee or its general contractor upon Project completion, specifically upon issuance
of a Certificate of Completion or of Occupancy from the City of Miami's Building Department for such portion of
the Project.
6. JOB CREATION DURING CONSTRUCTION.
a. LABORER PARTICIPATION. Grantee agrees to cause its general contractor and all
subcontractors to hire forty percent (40%) of the labor for the construction of the Project from workers residing in
the City of Miami, giving first priority to workers residing in the Redevelopment Area, which encompasses part of
zip code 33136, and second priority to workers residing within all bounds of the Overtown Community.
b. REPORT REQUIREMENTS. The Grantee shall be required to submit to the Executive
Director monthly reports detailing evidence of compliance with the laborer participation requirement
("Participation Report"). The Participation Report shall contain such information as the Executive Director may
reasonably require for the Executive Director to determine whether the Grantee is in compliance with the laborer
participation requirement.
c. DISPUTES. In the event of any disputes between the Executive Director and Grantee as
to whether any a laborer resides in the City of Miami, and whether the Grantee has complied with the priority
requirements, the Executive Director and Grantee shall proceed in good faith to resolve the dispute. In the event
the dispute is not resolved within ten (10) days, either party may submit the dispute to the Board for resolution.
The decision of the Board shall be binding on the Parties.
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7. RESTRICTIVE COVENANT. In consideration for the Grant, Grantee agrees to execute and
record a Restrictive Covenant, in substantially the attached form set forth in Exhibit "D." The purpose of the
Covenant, attached and incorporated hereto, is to ensure that the SEOPW CRA shall have the right of first refusal
to purchase the Property in the event Owner desires to convey the Property, or its interest therein, and 100%
repayment of the Grant if Owner conveys the Property, or its interest therein, prior to issuance of a Certificate of
Completion or Occupancy, and that these obligations constitute a covenant running with the land and binding upon
the Property and Owner, its successor(s) and assignee(s), for the Term of the Covenant.
8. COMPLIANCE WITH POLICIES AND PROCEDURES. Grantee understands that the use of the
Grant is subject to specific reporting, record keeping, administrative and contracting guidelines and other
requirements affecting the SEOPW CRA's activities in issuing the Grant. The SEOPW CRA agrees to provide
notice of said guidelines and other requirements to Grantee in advance of requiring compliance with same. Without
limiting the generality of the foregoing, Grantee represents and warrants that it will comply, and the Grant will be
used in accordance with all applicable federal, state and local codes, laws, rules and regulations. Grantee also agrees
to abide by any policies and procedures referenced in the Covenant (Exhibit "D").
9. REMEDIES FOR NON-COMPLIANCE. If Grantee fails to perform any of its obligations or
covenants hereunder, or materially breaches any of the terms contained in this Agreement, the SEOPW CRA shall
have the right to take one or more of the following actions:
a. Withhold all payments, pending correction of the deficiency by Grantee;
b. Recover all payments made to Grantee;
c. Disallow (that is, deny the use of the Grant for) all or part of the cost for the activity or
action not in compliance;
d. Withhold further awards for the Project; and/or
e. Take such other remedies that may be legally permitted.
10. RECORDS AND REPORTS/AUDITS AND EVALUATION.
a. PUBLIC RECORDS; MAINTENANCE OF RECORDS. This Agreement shall be subject
to Florida's Public Records Laws, Chapter 119, Florida Statutes. The Parties understand the broad nature of these
laws and agree to comply with Florida's Public Records Laws, and laws relating to records retention. Moreover,
in furtherance of the SEOPW CRA's audit rights in Section 10(c) below, the Grantee acknowledges and accepts
the SEOPW CRA's right to access the Grantee's records, legal representatives' and contractors' records, and the
obligation of the Grantees to retain and to make those records available upon request, and in accordance with all
applicable laws. The Grantee shall keep and maintain records to show its compliance with this Agreement. In
addition, the Grantee's contractors and subcontractors must make available, upon the SEOPW CRA's request, any
books, documents, papers, and records which are directly pertinent to this specific Agreement for the purpose of
making audit, examination, excerpts, and transcriptions. The Grantee, its contractors and subcontractors shall retain
records related to this Agreement or the Project for a period of five (5) years after the expiration, early termination
or cancellation of this Agreement.
b. REPORTS. The Grantee shall deliver to the SEOPW CRA reports relating to the use of
the Grant as requested by the SEOPW CRA, from time to time. Failure to provide said reports shall result in grant
funds being withheld until the Grantee has complied with this provision. Thereafter, continued failure by the
Grantee in providing such reports shall be considered a default under this Agreement.
c. AUDIT RIGHTS. The SEOPW CRA shall have the right to conduct audits of the
Grantee's records pertaining to the Grant and to visit the Project, in order to conduct its monitoring and evaluation
activities. The Grantee agrees to cooperate with the SEOPW CRA in the performance of these activities. Such
audits shall take place at a mutually agreeable date and time.
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d. FAILURE TO COMPLY. The Grantee's failure to comply with these requirements or the
receipt or discovery (by monitoring or evaluation) by the SEOPW CRA of any inconsistent, incomplete or
inadequate information shall be grounds for the immediate termination of this Agreement by the SEOPW CRA.
11. UNUSED FUNDS. Upon the expiration of the term of this Agreement, the Grantee shall transfer
to the SEOPW CRA any unused Grant funds on hand at the time of such expiration.
12. REPRESENTATIONS; WARRANTIES; CERTIFICATIONS. The Grantee represents, warrants,
and certifies the following:
a. INVOICES. Invoices for all expenditures paid for by Grant shall be submitted to the
SEOPW CRA for review and approval in accordance with the terms set forth in this Agreement. The Grantee,
through its authorized representative shall certify that work reflected in said invoices has, in fact, been performed
in accordance with the approved Project Budget set forth in Exhibit "C."
b. EXPENDITURES. Funds disbursed under the Grant shall be used solely for the Project
in accordance with the approved Project Budget set forth in Exhibit "C," as well as Section 5(e) of the 2007
Interlocal Agreement. All expenditures of the Grant shall be made in accordance with the provisions of this
Agreement.
c. SEPARATE ACCOUNTS. The Grant shall not be co -mingled with any other funds, and
separate accounts and accounting records shall be maintained.
d. POLITICAL ACTIVITIES. Grantee acknowledges that no expenditure of Grant funds
shall be used for political activities.
e. LIABILITY GENERALLY. Grantee shall be liable to the SEOPW CRA for the amount
of the Grant expended in any manner inconsistent with this Agreement.
f. AUTHORITY. This Agreement has been duly authorized by all necessary actions on the
part of, and has been, or will be, duly executed and delivered by the Grantee, and neither the execution and delivery
hereof, nor compliance with the terms and provisions hereof: (i) requires the approval and consent of any other
party, except such as have been duly obtained or as are specifically noted herein; (ii) contravenes any existing law,
judgment, governmental rule, regulation or order applicable to or binding on any indenture, mortgage, deed of trust,
bank loan or credit agreement, applicable ordinances, resolutions, or on the date of this Agreement, any other
agreement or instrument to which the Grantee is a party; or (iii) contravenes or results in any breach of, or default
under any other agreement to which the Grantee is a party, or results in the creation of any lien or encumbrances
upon any property of the Grantee.
13. NON-DISCRIMINATION. The Grantee, for itself and on behalf of its contractors and sub-
contractors, agrees that it shall not discriminate on the basis of race, sex, color, religion, national origin, age,
disability, or any other protected class prescribed by law in connection with its performance under this Agreement.
Furthermore, the Grantee represents that no otherwise qualified individual shall, solely, by reason of his/her race,
sex, color, religion, national origin, age, disability or any other member of a protected class be excluded from the
participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving
financial assistance pursuant to this Agreement.
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14. CONFLICT OF INTEREST. The Grantee is familiar with the following provisions regarding
conflict of interest in the performance of this Agreement by the Grantee. The Grantee covenants, represents and
warrants that it will comply with all such conflict of interest provisions:
a. Code of the City of Miami, Florida, Chapter 2, Article V.
b. Miami -Dade County Code, Section 2-11.1.
15. CONTINGENCY. Funding for this Agreement is contingent on the availability of funds and
continued authorization for Project activities, and is subject to amendment or termination due to lack of funds or
authorization, reduction of funds, or change in regulations. The SEOPW CRA shall not be liable to the Grantee
for any amendment or termination of this Agreement pursuant to this Section.
16. MARKETING.
a. PUBLICATION. In the event the Grantee wishes to engage in any marketing efforts, the
Grantee shall, solely upon approval by the SEOPW CRA and in accordance with Section 16(b) below, produce,
publish, advertise, disclose, or exhibit the SEOPW CRA's name and/or logo, in acknowledgement of the SEOPW
CRA's contribution to the Project, in all forms of media and communications created by the Grantee for the purpose
of publication, promotion, illustration, advertising, trade or any other lawful purpose, including but not limited to
stationary, newspapers, periodicals, billboards, posters, email, direct mail, flyers, telephone, public events, and
television, radio, or internet advertisements or interviews.
b. APPROVAL. The SEOPW CRA shall have the right to approve the form and placement
of all acknowledgements described in Section 16(a) above, which approval shall not be unreasonably withheld.
c. LIMITED USE. The Grantee further agrees that the SEOPW CRA's name and logo may
not be otherwise used, copied, reproduced, altered in any manner, or sold to others for purposes other than those
specified in this Agreement. Nothing in this Agreement, or in the Grantee's use of the SEOPW CRA's name and
logo, confers or may be construed as conferring upon the Grantee any right, title, or interest whatsoever in the
SEOPW CRA's name and logo beyond the right granted in this Agreement.
d. SEOPW CRA CONSTRUCTION SIGN. The Grantee shall display, and cause to be
displayed, at the Property, in a prominent, most visible area to the public, a sign displaying the SEOPW CRA logo,
and the SEOPW CRA's monetary contribution to the Project ("Construction Signage"). The Grantee shall display,
and cause to be displayed, the Construction Signage until the Project is complete. The Construction Signage shall
be paid for by the Grantee and all Construction Signage specifications will be provided by the SEOPW CRA. The
SEOPW CRA shall approve the location of the Construction Signage prior to its installation.
17. DEFAULT. If the Grantee fails to comply with any term or condition of this Agreement, or fails
to perform any of the Grantee's obligations hereunder, and the Grantee does not cure such failure within thirty (30)
days following receipt of written notice from the SEOPW CRA that such failure has occurred, then the Grantee
shall be in default. Upon the occurrence of such default hereunder the SEOPW CRA, in addition to all remedies
available to it by law, may immediately, upon written notice to the Grantee, terminate this Agreement whereupon
all payments, advances, or other compensation paid by the SEOPW CRA directly to the Grantee and utilized by
the Grantee in violation of this Agreement shall be immediately returned to the SEOPW CRA. The Grantee
understands and agrees that termination of this Agreement under this section shall not release the Grantee from any
obligation accruing prior to the effective date of termination.
18. NO LIABILITY. In consideration for the Grant, the Grantee hereby waives, releases and
discharges the SEOPW CRA, the City of Miami, its officers, employees, agents, representatives, or attorneys,
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whether disclosed or undisclosed, any and all liability for any injury or damage of any kind which may hereafter
accrue to the Grantee, its officers, directors, members, employees, agents, representatives, with respect to any of
the provisions of this Agreement or performance under this Agreement.
19. INDEMNIFICATION OF THE SEOPW CRA. Grantee agrees to indemnify, defend, protect and
hold harmless the SEOPW CRA and the City of Miami from and against all loss, costs, penalties, fines, damages,
claims, expenses (including attorney's fees) or liabilities (collectively referred to as "liabilities") for reason of any
injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from
or in connection with: (i) the performance or non-performance of the services, supplies, materials and equipment
contemplated by this Agreement or the Project, whether directly or indirectly caused, in whole or in part, by any
act, omission, default, professional errors or omissions, or negligence (whether active or passive) of the Grantee or
its employees, agents or subcontractors (collectively referred to as "Grantee"), regardless of whether it is, or is
alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default,
breach, or negligence (whether active or passive) of the SEOPW CRA, unless such injuries or damages are
ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the SEOPW CRA;
or (ii) the failures of the Grantee to comply with any of the paragraphs provisions herein; or (iii) the failure of the
Grantee, to conform to statutes, ordinances, or other regulations or requirements of any governmental authority,
federal, state, county, or city in connection with the granting or performance of this Agreement, or any Amendment
to this Agreement. Grantee expressly agrees to indemnify and hold harmless the SEOPW CRA, from and against
all liabilities which may be asserted by an employee or former employee of Grantee, any of subcontractors, or
participants in the Project, as provided above, for which the Grantee's liability to such employee, former employee,
subcontractor, or participant would otherwise be limited to payments under state Worker's Compensation or similar
laws.
20. INSURANCE. Grantee shall, at all times during the term hereof, maintain such insurance
coverage as provided in Exhibit "E," attached hereto and incorporated herein. All such insurance, including
renewals, shall be subject to the approval of the SEOPW CRA, or the City of Miami (which approval shall not be
unreasonably withheld) for adequacy of protection and evidence of such coverage shall be furnished to the SEOPW
CRA on Certificates of Insurance, indicating such insurance to be in force and effect and providing that it will not
'be canceled, or materially changed during the performance of the Project under this Agreement without thirty (30)
calendar days prior written notice (or in accordance to policy provisions) to the SEOPW CRA. Completed
Certificates of Insurance shall be filed with the SEOPW CRA, to the extent practicable, prior to the performance
of Services hereunder, provided, however, that Grantee shall at any time upon request by SEOPW CRA file
duplicate copies of the policies of such insurance with the SEOPW CRA.
If, in the reasonable judgment of SEOPW CRA, prevailing conditions warrant the provision by Grantee of
additional liability insurance coverage or coverage which is different in kind, SEOPW CRA reserves the right to
require the provision by Grantee of an amount of coverage different from the amounts or kind previously required
and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the
requirements shall take effect. Should Grantee fail or refuse to satisfy the requirement of changed coverage within
thirty (30) days following SEOPW CRA's written notice, this Agreement shall be considered terminated on the
date the required change in policy coverage would otherwise take effect. Upon such termination, SEOPW CRA
shall pay Grantee expenses incurred for the Project, prior to the date of termination but shall not be liable to Grantee
for any additional compensation, or for any consequential or incidental damages.
21. PAYMENT AND PERFORMANCE BOND; QUALIFICATION OF SURETY. The Grantee
agrees that it shall require that the general contractor selected to perform the work described in Exhibit "C" to
furnish a Payment and Performance Bond ("Bond") within fifteen (15) calendar days of approval of the award.
The Bond shall contain all the provisions of set forth in the Performance/Payment forms attached hereto as Exhibit
"F." Each Bond shall be in the amount of one hundred percent (100%) of the Contract value, guaranteeing to the
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SEOPW CRA the completion and performance of the Work, as more defined and covered in the Contract
Documents, as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this
Project(s).
Each Bond shall continue in effect for one (1) year after the Final Completion Date and acceptance of the
Work with liability equal to one hundred percent (100%) of the Contract value, or an additional bond shall be
conditioned that Contractor will, upon notification by the SEOPW CRA, correct any defective or faulty work or
materials which appear within one (1) year after Final Completion of the Project(s). The SEOPW CRA and the
City of Miami must be listed as dual obligees on the Bond.
Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as amended from time to time, the
Contractor shall ensure that the Bond(s) referenced above shall be recorded in the public records and provide City
and the SEOPW CRA with evidence of such recording.
Each Bond must be executed by a surety company with a rating of (A-) and based on the Financial Size
Category of (VII). The surety company must be of recognized standing, authorized to do business in the State of
Florida as surety, having a resident agent in the State of Florida and having been in business with a record of
successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority
as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570,
Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order
to qualify, the net retention of the surety shall not exceed the underwriting limitation in the circular, and the excess
risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297,
revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety shall provide the
SEOPW CRA with evidence satisfactory to the SEOPW CRA, that such excess risk has been protected in an
acceptable manner.
22. DISPUTES. In the event of a dispute between the Executive Director of the SEOPW CRA and
the Grantee as to the terms and conditions of this Agreement, the Executive Director and the Grantee shall proceed
in good faith to resolve the dispute. If the foregoing parties are not able to resolve the dispute within thirty (30)
days of written notice to the other, the Parties agree to resolve any disputes between them arising from the alleged
violation of the terms of this Agreement, in accordance with Section 18-105, of the Code of the City of Miami, as
amended ("City Code"), as adopted by the SEOPW CRA.
23. INTERPRETATION.
a. CAPTIONS. The captions in this Agreement are for convenience only and are not a part
of this Agreement and do not in any way define, limit, describe or amplify the terms and provisions of this
Agreement or the scope or intent thereof.
b. ENTIRE AGREEMENT. This instrument constitutes the sole and only agreement of the
parties hereto relating to the Grant, and correctly set forth the rights, duties, and obligations of the parties. There
are no collateral or oral agreements or understandings between the SEOPW CRA and the Grantee relating to the
Agreement. Any promises, negotiations, or representations not expressly set forth in this Agreement are of no force
or effect. This Agreement shall not be modified in any manner except by an instrument in writing executed by the
parties. The masculine (or neuter) pronoun and the singular number shall include the masculine, feminine and
neuter genders and the singular and plural number. The word "including" followed by any specific item(s) is
deemed to refer to examples rather than to be words of limitation.
c. CONTRACTUAL INTERPRETATION. Should the provisions of this Agreement require
judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same
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shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of
the rule of construction that an instrument is to be construed more strictly against the party which itself or through
its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation
of this Agreement.
d. COVENANTS. Each covenant, agreement, obligation, term, condition or other provision
herein contained shall be deemed and construed as a separate and independent covenant of the party bound by,
undertaking or making the same, not dependent on any other provision of this Agreement unless otherwise
expressly provided. All of the terms and conditions set forth in this Agreement shall apply throughout the term of
this Agreement unless otherwise expressly set forth herein.
e. CONFLICTING TERMS. In the event of conflict between the terms of this Agreement
and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern.
f. WAIVER. No waiver or breach of any provision of this Agreement shall constitute a
waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless
made in writing.
g. SEVERABILITY. Should any provision contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of
Florida, then such provision shall be deemed modified to the extent necessary in order to conform with such laws,
or if not modifiable to conform with such laws, that same shall be deemed severable, and in either event, the
remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect.
h. THIRD -PARTY BENEFICIARIES. No provision of this Agreement shall, in any way,
inure to the benefit of any third party so as to make such third party a beneficiary of this Agreement, or of any one
or more of the terms hereof or otherwise give rise to any cause of action in any party not a party hereto.
24. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in
writing and signed by both parties.
25. DOCUMENT OWNERSHIP. Upon request by the SEOPW CRA, all documents developed by
the Grantee shall be delivered to the SEOPW CRA upon completion of this Agreement, and may be used by the
SEOPW CRA, without restriction or limitation. The Grantee agrees that all documents maintained and generated
pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida
Statutes. It is further understood by and between the parties that any document which is given by the SEOPW
CRA to the Grantee pursuant to this Agreement shall at all times remain the property of the SEOPW CRA, and
shall not be used by the Grantee for any other purpose whatsoever, without the written consent of the SEOPW
CRA.
26. AWARD OF AGREEMENT. Grantee warrants that it has not employed or retained any person
employed by the SEOPW CRA to solicit or secure this Agreement, and that it has not offered to pay, paid, or agreed
to pay any person employed by the SEOPW CRA any fee, commission percentage, brokerage fee, or gift of any
kind contingent upon or resulting from the award of the Grant.
27. NON-DELEGABILITY. The obligations of the Grantee under this Agreement shall not be
delegated or assigned to any other party without the SEOPW CRA's prior written consent, which may be withheld
by the SEOPW CRA, in its sole discretion.
Page 9 of 19
28. CONSTRUCTION. This Agreement shall be construed and enforced in accordance with Florida
law.
29. TERMINATION. The SEOPW CRA reserves the right to terminate this Agreement, at any time
for any reason upon giving five (5) days written notice of termination to Grantee. If this Agreement should be
terminated by the SEOPW CRA, the SEOPW CRA will be relieved of all obligations under this Agreement. In no
way shall the SEOPW CRA be subjected to any liability or exposure for the termination of this Agreement under
this Section.
30. NOTICE. All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the
party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed
given on the day on which personally served, or, if by mail, on the fifth day after being posted, or the date of actual
receipt or refusal of delivery, whichever is earlier.
To SEOPW CRA:
With copy to:
To Grantee:
Southeast Overtown/Park West Community Redevelopment Agency
James D. McQueen, Executive Director
819 N.W. 2nd Avenue, 3`d Floor
Miami, Florida 33136
Email: JMcQueen(amiamigov.com
Vincent T. Brown, Esq., Staff Counsel
Email: VTBrown@miamigov.com
Temple M. B. Church
c/o Rev. Dr. Glenroy Deveaux, Pastor
1723 N.W. 3`d Avenue
Miami, Florida 33136
Email: ms.deveaux(a,comcast.net
31. INDEPENDENT CONTRACTOR. Grantee, its contractors, subcontractors, employees, agents,
and participants in the Program shall be deemed to be independent contractors, and not agents or employees of the
SEOPW CRA, and shall not attain any rights or benefits under the civil service or retirement/pension programs of
the SEOPW CRA, or any rights generally afforded its employees; further, they shall not be deemed entitled to
Florida Workers' Compensation benefits as employees of the SEOPW CRA.
32. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and
their respective heirs, executors, legal representatives, successors, and assigns.
33. MULTIPLE COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be
simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and
each of which shall be deemed to be an original. The facsimile or other electronically delivered signatures of the
parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed
to constitute duplicate originals.
34. ANTI -HUMAN TRAFFICKING AFFIDAVIT. Grantee 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. Grantee shall execute and submit to the SEOPW CRA an
Page 10of19
Affidavit in compliance with Section 787.06(13), Florida Statutes, attached an incorporated hereto as Attachment
"A." If Grantee fails to comply with the terms of this Section, the SEOPW CRA may suspend or terminate this
Agreement immediately, without prior notice, and in no event shall the SEOPW CRA be liable to Grantee for any
consequential or incidental damages.
35. MISCELLANEOUS.
a. In the event of any litigation between the parties under this Agreement, the parties shall
bear their own attorneys' fees and costs at trial and appellate levels.
b. Time shall be of the essence for each and every provision of this Agreement.
c. All exhibits attached to this Agreement are incorporated in, and made a part of this
Agreement.
[Signature Page Follows]
Page 11 of 19
IN WITNESS WHEREOF, in consideration of the mutual entry into this Agreement, for other good
and valuable consideration, and intending to be legally bound, the SEOPW CRA and Grantee have executed this
Agreement.
ATTEST:
By:
Todd B. Hannon
Clerk of the Board
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
Vincent T. Brown, Esq.
General Counsel
Sign Name a,2 -
Print Name: /41 korva t it t14
Address: ti /ti t,c( ?, 3 pio-'
M(aryFr331J(0
Sign Name:
Print Name:
Address:
By:
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT
AGENCY, of the City of Miami, a public
agency and body corporate created pursuant to
Section 163.356, Florida Statutes
By:
James D. McQueen
Executive Director
APPROVED AS TO INSURANCE
REQUIREMENTSY—DocuSigned by:
By:
11)Arti at,v4,dth
David Ruiz`-55349B495F254B0...
Interim Director of Risk Management
TEMPLE MISSIONARY BAPTIST CHURCH,
INC., a Florida Not -For -Profit Corporation
A
4LDr.Gv&7
Page 12of19
Pastor
By:
IN WITNESS WHEREOF, in consideration of the mutual entry into this Agreement, for other good
and valuable consideration, and intending to be legally bound, the SEOPW CRA and Grantee have executed this
Agreement.
ATTEST:
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT
AGENCY, of the City of Miami, a public
agency and body corporate created pursuant to
Section 163.356, Florida Statutes
By:
James D. McQueen
Clerk of the Board Executive Director
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
onaliossioommommomp
Vincent T. Brown, Esq.
General Counsel
Sign Dame
Print Name f in lonf.AC 11 a/
Address: k1 q AL v4
►u 1 an►� P1. c3-3 aT A.
3' o,
Sign Name
Print Name
Address:
APPROVED AS TO INSURANCE
REQUIREMENTS:
By:
David Ruiz
Interim Director of Risk Management
TEMPLE MISSIONARY BAPTIST CHURCH,
INC., a Florida Not -For -Profit Corporation
By:
Page 12 of 19
Rev. Dr. Glenroy Iseveaux
Pastor
Exhibit "A"
Grantee's Approved Proposal
Page 13 of 19
Fnrer fn:3 His xares run'?
Th.!nisgiciag. arJ ir•ta Hip
: uitltprai$ : "Ada/ 100,1
7/25/2025
TEMPLE MJSSIONARYBAPTIST CII[JRCJI
Rev. Dr. Glenroy Deveaux
Pastor
Church. Secretary: FinancialSecretary Trustee Board Clairpersot
Sis. Norma Walker Denice Deveaux-Rowe Tel ica Washington
Dear Southeast Overtown Parkwest CRA/ Mr. James McQueen,
For nearly 95 years, Temple Missionary Baptist Church has stood as a pillar of faith, service, and empowerment
at the heart of Overtown, shaping and uplifting the lives of its residents and extending its reach across Miami -
Dade, the Tri-County area, the Caribbean, and beyond. Deeply woven into the fabric ofOvertown's history and
progress, Temple has been a steadfast source of spiritual guidance, social support, and community development.
As Overtown continues to evolve, Temple remains a driving force in its transformation, recognizing the
opportunity to expand our impact by aligning our strategic vision with the changing, needs of the community.
Reverend Doctor Glenroy R. Deveaux has served as pastor of Temple Missionary Baptist Church with grace,
humility, and distinction for over forty-three years. For fifty-three years, he was married to his soulmate, Sybilene
Bullard Deveaux before her passing. They raised their six children in the fear and admonition of God. He
embodies an unwavering commitment to God, family, the church, service, and the Overtown community. In
addition to his leadership at Temple, Reverend Doctor Deveaux served as Moderator Emeritus for the Atlantic
Coast Missionary Baptist Association, further demonstrating his dedication to the broader faith community. For
morn 'ir ty }eras, 'rie p aTh t r eigilaurir g ring :Itit r 2frrrtcrzii ?TAM Surn'rry ".bre'it and
exchanged inter -faith fellowship with Saint Agnes Episcopal Church, AM Cohen Temple, and Mt. Olivette
Missionary Baptist. His passion for serving those less fortunate and displaced citizens led him to partner with
Becham Hall, Miami Rescue Mission and Lotus House.
Statement of Need:
Due to aging infrastructure and years of wear and tear, our church is in urgent need of renovations to maintain a
safe, welcoming, and functional space for our congregation and the Overtown community.
Key areas requiring immediate attention include:
• Waterproofing & Weatherization: Re -roofing and replacing sheathings to repair teaks. Install insulation
to control temperature.
• Energy & Hurricane Mitigation: Replacing old, inefficient windows, doors, lighting, and fans to improve
ii latiw? e ergy
• Mechanical, Electrical & Plumbing Improvements: Replace & Repair HVAC units, Upgrade electrical
panels, outlets, bathroom fittings and fixtures.
• Mold & Termite Treatment: Mold & Termite Survey, Treatment, Abatement
• Soft Cost: Permits and Insurance
Our unwavering commitment to fostering intergenerational connections and providing vital services continues to
enhance the quality of life for all. To ensure long-term sustainability and preserve our legacy of service, our
strategic vision prioritiz.es modernizing and expanding our church infrastructure. This revitalization effort will
strengthen our role as the cornerstone of faith and progress in Overtown, fostering a vibrant, engaged
neighborhood and creating lasting, meaningful change. We look forward to a favorable response from you in the
near future.
l
Doric ea -cm -Royce . G crnry i cam
Financial Secretary Pastor
)723 NW 3rd AVENUE • Miami. FL 33136 305-573 3714 Office 305-573-4063 Fox
BOFAM CONSTRUCTION COMPANY, INC
General Contractors, Estimators & Roofing Contractors
CGC 062660 & CCC 1329221
(Certified DBE, CSBE, SECTION 3)
TEL: (754) 245-0102
FAX: (305) 675-9269
AUSTIN@BOFAMINC.COM
Date: July 23`d, 2025
Proposal: # B25-007
To: Denice Deveaux-Rowe
Temple Missionary Baptist Church, Inc
Coordinator,
1723 NW 3rd Avenue
Miami, FL 33136
Tel: 305-801-8255
Email: ms.deveauxacomcast.net
Attention: Ms. Denice,
We appreciate the opportunity to submit a proposal on your firm's project.
If you have any questions, please do not hesitate to contact me at (754) 245 — 0102..
Respectfully, Austin Akinrin
1600 N.W 3RD AVENUE,
BLDG. D4
MIAMI, FL 33136
Project: Temple Missionary Baptist Church, Inc — Renovation & Repairs
Location: 1723 NW 3`d Avenue, Miami, FL 33136
Scope of Work:
RENOVATION: Furnish all materials, labor, services, supervision, equipment, and tools required for renovation and repairs
to include but not limited to Permits, demolition, parking lot improvements, new impact doors & windows, Glass/glazing,
Electrical, Plumbing, AC repairs, new roofing, painting & baseboard, and Interior finishes (ceiling, wall & floors), Existing
bathroom upgrades, to meet Florida building codes and regulations. (See exhibit A).
Base Price
Temple Missionary Baptist Church, Inc — Renovation & Repairs $336,000.00
Permits fees & Insurances. (Including P&P Bond) $ 24,000.00
Total Proposal Amount $360,000.00
Special Notes: This is a preliminary proposal pending final plan reviews and approvals by all government agencies having
jurisdiction. All changes required by the building agencies having jurisdiction shall be the owner's responsibilities.
Payment Schedule: TBD
This proposal may be withdrawn and/or revised in (Fifteen) 15 days. If not accepted the undersigned owner accepts the above
job at the price quoted and agrees to pay for said work as it progresses or as per the agreed payment schedule specified
herein. In the event of legal dispute, if any sums due are collected by suit or demand of an attorney or collection agency then
the defaulting party shall pay all costs, including reasonable attorney's fees.
Sincerely,
Austin Akinrin,
President.
ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and accepted. You are
authorized to do the work as Specified and payments will be made as described above.
Date of Acceptance; / 2025 Signature:
Page 1 of 1
BUDGET SUMMARY
Energy & Hurricane Mitigation
Replace all Exterior doors with Hurricane impact doors
Replace all Exterior windows with Hurricane impact windows
Replace all ceiling fans & lightings to energy efficient
Waterproofing & Weatherization
Re -roofing existing shingles with new tiles (2 Buildings)
Remove and replace damaged roof sheathings
Interior insulation (Church auditorium)
Caulk and seal all doors and window openings
Mold & Termite Treatment
Mold and termite were determined to be present in some locations.
Recommend mold and termite survey on the property.
Mold treatment/Abatement
Termite treatment/tenting
Mechanical, Electrical & Plumbing Improvements
Maintenance repair to all three (3) HVAC units including flushing and gas exchange
Upgrade two (2) 150 Amps electrical panel to NEC code
Repair and upgrade all outlets and CGFI sockets
Replace outdated fixtures with energy -efficient, warm LED lighting
Upgrade all bathroom plumbing fittings & fixtures
$128,749.50
$122,750.50
$35,000.00
$49,500.00
SUBTOTAL
Soft Cost
Permits & Insurances (Including P&P Bond)
$336,000.00
$ 24, 000.00
GRANT TOTAL $360.000.00
1
Exhibit "B"
Resolution No. CRA-R-25-0059
Page 14 of 19
Southeast Overtown/Park West
Community Redevelopment Agency
Legislation
CRA Resolution: CRA-R-25-0059
819 NW 2nd Ave
3rd Floor
Miami, FL 33136
www.seopwcra.com
File Number: 18339
Final Action Date:10/23/2025
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
("SEOPW CRA"), WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S
RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED
HEREIN AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND
PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT
TO SECTION(S) 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ('CITY CODE"), AS ADOPTED BY THE SEOPW CRA,
AND WAIVING SAID PROCEDURES, AUTHORIZING THE ISSUANCE OF A
GRANT, IN AN AMOUNT NOT TO EXCEED THREE HUNDRED SIXTY
THOUSAND DOLLARS AND ZERO CENTS ($360,000.00) ("FUNDS"), TO
TEMPLE MISSIONARY BAPTIST CHURCH, INC., A FLORIDA NOT -FOR -
PROFIT CORPORATION ("GRANTEE"), TO UNDERWRITE COSTS FOR
RENOVATIONS AT TEMPLE MISSIONARY BAPTIST CHURCH, LOCATED AT
1723 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA 33136 ("PROPERTY") FOR
URGENT REPAIR AND REHABILITATION OF THE PROPERTY ("PURPOSE");
AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS
DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS,
UPON PRESENTATION OF INVOICES AND SATISFACTORY
DOCUMENTATION, SUBJECT TO THE AVAILABILITY OF FUNDING, FROM
THE CORRESPONDING ACCOUNT NO. 10050.920101.883000.0000.00000
"OTHER GRANTS AND AIDS"; FURTHER AUTHORIZING THE EXECUTIVE
DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS
NECESSARY, ALL IN FORMS ACCEPTABLE TO COUNSEL, INCLUDING, BUT
NOT LIMITED TO, A RESTRICTIVE COVENANT TO BE RECORDED IN THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR SAID
PURPOSE; PROVIDING FOR THE INCORPORATION OF RECITALS AND AN
EFFECTIVE DATE.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW
CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is
responsible for carrying out community redevelopment activities and projects within its Redevelopment
Area in accordance with the 2018 Updated Southeast Overtown/Park West Community Redevelopment
Plan ("Plan"); and
WHEREAS, pursuant to Section 163.340(9) Florida Statutes, "community redevelopment means
projects of a ... community redevelopment agency in a community redevelopment area for the
elimination and prevention of the development or spread of slum and blight"; and
WHEREAS, Section 2, Goal I. of the Plan. lists the "preserv[ation] of historic buildings and
community heritage," as a stated redevelopment goal; and
City of Miami Page 1 of 3 File ID: 18339 (Revision:) Printed On: 10/27/2025
File ID: 18339 Enactment Number: CRA-R-25-0059
WHEREAS, Section 2, Principle 8, of the Plan, provides that "[ojlder buildings that embody the
area's cultural past should be restored," as a stated redevelopment goal; and
WHEREAS, Temple Missionary Baptist Church, Inc., a Florida not -for -profit corporation,
("Grantee"), owns Temple Missionary Baptist Church, located at 1723 Northwest 3rd Avenue, Miami,
Florida 33136 ("Property"); and
WHEREAS, the Property was built in 1950 and is in need of repairs and improvements; and
WHEREAS, Grantee is requesting financial assistance to underwrite costs associated with urgent
repairs and improvements needed to the Property, such as exterior window and door replacement, roof
replacement, A/C and electrical repairs, termite treatment, and mold mitigation at the Property, as well as
for soft costs ("Purpose"); and
WHEREAS, the Board of Commissioners wishes to authorize grant funds, in an amount not to
exceed Three Hundred Sixty Thousand Dollars and Zero Cents ($360,000.00) ("Funds"), to the Grantee
for the Purpose stated herein; and
WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the
SEOPW CRA redevelopment goals and objectives; and
WHEREAS, based on the recommendation and findings of the Executive Director, attached and
incorporated herein as Exhibit "A," it is in the SEOPW CRA's best interest for the Board of
Commissioners to authorize, by an affirmative four -fifths (4/5ths) vote, a waiver of competitive sealed
bidding procedures, pursuant to Sections 18-85 and 18-86 of the Code of the City of Miami, Florida, as
amended ("City Code"), as adopted by the SEOPW CRA, to allocate said Funds, subject to availability,
and to authorize the Executive Director to negotiate and execute any and all agreements necessary, all in
forms acceptable to Counsel, for said Purpose;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. Pursuant to Section(s) 18-85 and 18-86 of the City Code, as adopted by the
SEOPW CRA, by a four -fifths (4/5th) affirmative vote, after an advertised public hearing, the Executive
Director's recommendation and written findings, attached and incorporated herein as Exhibit "A," that
competitive negotiation methods and procedures are not practicable or advantageous to the SEOPW CRA,
and waiving the requirements for said procedures, are hereby ratified, approved, and confirmed.
Section 3. The Executive Director is hereby authorized' to disburse the Funds, at his
discretion, on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory
documentation from Other Grants and Aids - Account No. 10050.920101.883000.0000.00000, subject to
funding availability, for the Purpose stated herein.
Section 4. The Executive Director is authorized' to negotiate and execute an agreement,
including any and all necessary documents, all in forms acceptable to Counsel, for said Purpose.
The herein authorization is further subject to compliance with all legal requirements that may be imposed,
including but not limited to those prescribed by applicable State law, City Charter and City Code provisions, as
adopted by the SEOPW CRA.
City of Miami Page 2 of 3 File ID: 18339 (Revision:) Printed on: 10/27/2025
File ID: 18339
Enactment Number: CRA-R-25-0059
Section 5. Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the Executive Director, or the
Executive Director's designee, without need for public hearing, by filing a corrected copy of same with
the City of Miami City Clerk.
Section 6. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Q
ounsel 10/16/2025
City of Miami Page 3 of 3 File ID: 18339 (Revision:) Printed on: 10/27/2025
Exhibit "C"
Approved Project Budget
Page 15 of 19
BUDGET SUMMARY
Energy & Hurricane Mitigation
Replace all Exterior doors with Hurricane impact doors
Replace all Exterior windows with Hurricane impact windows
Replace all ceiling fans & lightings to energy efficient
Waterproofing & Weatherization
Re -roofing existing shingles with new tiles (2 Buildings)
Remove and replace damaged roof sheathings
Interior insulation (Church auditorium)
Caulk and seal all doors and window openings
Mold & Termite Treatment
Mold and termite were determined to be present in some locations.
Recommend mold and termite survey on the property.
Mold treatment/Abatement
Termite treatment/tenting
Mechanical, Electrical & Plumbing Improvements
Maintenance repair to all three (3) HVAC units including flushing and gas exchange
Upgrade two (2) 150 Amps electrical panel to NEC code
Repair and upgrade all outlets and CGFI sockets
Replace outdated fixtures with energy -efficient, warm LED lighting
Upgrade all bathroom plumbing fittings & fixtures
$128, 749.50
$122,750.50
$35,000.00
$49,500.00
SUBTOTAL
Soft Cost
Permits & Insurances (Including P&P Bond)
$336,000.00
$ 24,000.00
GRANT TOTAL $360.000.00
1
Exhibit "D"
Restrictive Covenant
Page 16 of 19
Declaration of Restrictive Covenants
Folio No(s): 01-3136-029-0360
Prepared by, and after recording return to:
Vincent T. Brown, Esq.
SEOPW CRA, Staff Counsel
819 N.W. 2nd Avenue, 3rd Floor
Miami, Florida 33136
Tel: (305) 679-6800
Reserved for Recording
DECLARATION OF RESTRICTIVE COVENANTS
RUNNING WITH THE LAND
This DECLARATION OF RESTRICTIVE COVENANT (the "Covenant") made as of this
day of , 2026 ("Effective Date") by TEMPLE MISSIONARY BAPTIST CHURCH,
INC., a Florida Not -For -Profit Corporation (the "Owner"), is in favor of the SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and
body corporate, created pursuant to Section 163.356, Florida Statutes (the "SEOPW CRA") (collectively,
the "Parties").
RECITALS
WHEREAS, Owner is the legal owner of fee simple title to that certain property within the
SEOPW CRA Redevelopment Area ("Redevelopment Area"), located at 1723 Northwest 3rd Avenue,
Miami, Florida 33136 (Folio No. 01-3136-029-0360), as more particularly described on Exhibit "A,"
attached hereto and made a part hereof (the "Land"); and
WHEREAS, on the Land contains Temple Missionary Baptist Church, built in 1950, which
Owner owns and operates; and
WHEREAS, Owner submitted a proposal, attached and incorporated herein as Exhibit `B,"
requesting a grant from the SEOPW CRA in order to complete improvements in furtherance of its
operation of Temple Missionary Baptist Church, a house of worship (the "Church"), also located on the
Land (the "Project"); and
WHEREAS, by Resolution No. CRA-R-25-0059, attached hereto as Exhibit `B," passed and
adopted on October 23, 2025, the Board of Commissioners of the SEOPW CRA ("Board") authorized
the issuance of a grant, in an amount not to exceed Three Hundred Sixty Thousand Dollars and Zero
Cents ($360,000.00) (the "Funds") to Owner to underwrite costs associated with the Project (the
"Grant"); and
WHEREAS, by Resolution No. CRA-R-25-0059, Owner and the SEOPW CRA entered into a
Grant Agreement dated as of day of , 2026 (the "Agreement"), attached and
incorporated herein as Exhibit "C," setting forth the terms and conditions relating to the use of the Grant;
and
WHEREAS, as a condition of the SEOPW CRA providing the Grant pursuant to the Agreement,
Owner agrees to execute this Covenant, which shall constitute a covenant running with the land and binding
upon the Land and Owner, its successor and assignee;
1
Declaration of Restrictive Covenants
Folio No(s): 01-3136-029-0360
NOW, THEREFORE, for and in consideration of the Grant pursuant to the Agreement and other
good and valuable consideration, the sufficiency of which is hereby acknowledged, the Owner voluntarily
covenants and the SEOPW CRA agrees, as follows:
1. Recitals. The Recitals and findings set forth in the Preamble of this Covenant are true and
correct, and are hereby adopted by reference thereto and incorporated herein as if fully set forth in this
Section.
2. Compliance with Agreement. Owner covenants and agrees to strictly comply with the
terms and conditions of the Grant Agreement, a copy of which is attached hereto as Exhibit "C," and
incorporated by reference and made a part hereof. A default by Owner under the terms of the Agreement
not cured within the applicable grace period, if any, shall constitute a breach of this Covenant.
3. Use of Funding. Owner covenants and agrees that all funds disbursed under this Grant shall
be strictly used for the improvement of the infrastructure on the Land, the Church, making certain structural
and electrical repairs and related renovations, and will provide documentation upon request of the SEOPW
CRA of work orders.
4. Right of First Refusal. Owner covenants and agrees that in the event Owner seeks to sell
or convey any interest in the Land, or any interest in Owner during the Term, as hereinafter defined, Owner
shall provide the SEOPW CRA not less than forty-five (45) business days advanced notice of the proposed
sale together with a copy of the purchase agreement (the "Purchase Agreement") which notice shall be
given in accordance with Section 18 below. The SEOPW CRA shall have a right of first refusal (the "Right
of First Refusal" or "ROFR") to purchase the Land or the interest in Owner on the same terms and
conditions set forth in the Purchase Agreement (the "Initial ROFR Sale"). The SEOPW CRA must exercise
its Right of First Refusal within forty-five (45) business days of receipt of notice from Owner together with
a copy of the Purchase Agreement, and shall have no more than seventy (70) days from exercising its Right
of First Refusal to close the transaction, subject to an independent appraisal. If the SEOPW CRA does not
exercise its Right of First Refusal, or fails to close within seventy (70) days of exercising such right, Owner
may sell the Land or interest in Owner, pursuant to the Purchase Agreement and subject to the terms of this
Covenant. If the transaction does not close strictly in accordance with the terms of the Purchase Agreement,
the SEOPW CRA shall have a Right of First Refusal in connection with any modification of the Purchase
Agreement of any subsequent proposed sale. Any amendment to the Purchase Agreement shall trigger
requirement of a new Right of First Refusal notice and time period, as defined above in this Section. If
SEOPW CRA purchases the Land or the interest in Owner, the SEOPW CRA shall get a credit against the
purchase price for the unpaid balance of the Grant. The Right of First Refusal in favor of the SEOPW CRA
shall apply to all subsequent sales during the Term.
5. Sales Prior to Completion. At any time prior to the issuance of a Certificate of Completion
or of Occupancy, as appropriate, by the City of Miami's Building Department for the entire Project to
enable the Project to be utilized for its intended purpose ("Completion"), if Owner (i) enters into a contract
to sell the Land or any portion thereof; (ii) enters into a contract to sell any interest in Owner; (iii) enters
into a lease of substantially all of the Land; or (iv) encumbers the Land or any interest therein, other than a
mortgage in favor of the SEOPW CRA, then Owner shall be obligated to repay to the SEOPW CRA one
hundred percent (100%) of the Grant paid to Owner within thirty (30) days of Owner entering into such
agreement.
6. Sale of Land after Completion. After Completion, if Owner (i) enters into a contract to sell
the Land or any portion thereof; (ii) enters into a contract to sale any interest in Owner; (iii) enters into a
lease of substantially all of the Land; or (iv) encumbers the Land or any interest therein other than a
2
Declaration of Restrictive Covenants
Folio No(s): 01-3136-029-0360
mortgage in favor of the SEOPW CRA, Owner shall be obligated to repay to the SEOPW CRA one hundred
percent (100%) of the Grant paid to Owner within thirty (30) days of Owner entering into such agreement.
7. Payment and Performance Bond. Prior to commencement of the Project, Owner shall cause
its general contractor to be obtained payment and performance bonds in the form attached hereto as Exhibit
"D," with changes in form and substance mutually satisfactory to the SEOPW CRA and Owner in their
reasonable discretion, in an amount equal to one hundred percent (100%) of the contract value for the
completion of the Project, which shall be issued by a surety having a credit rating of "A-" or higher with a
financial size category rating of VIE or higher (the "Bond"). The SEOPW CRA and the City of Miami must
be listed as dual obligees on the Bond.
8. Lien Right. If any amounts are not paid when due by Owner same shall bear interest at
twelve percent (12%) per annum from the date due until repaid and shall be secured by this Covenant and
shall constitute a lien on the Land. Owner shall also be liable to the SEOPW CRA for its reasonable attorney
fees and cost of collection efforts. The SEOPW CRA may foreclose its lien rights against the Land in the
same manner as a mortgage would be foreclosed, with lien rights having priority from the date this Covenant
is recorded.
9. Subordination. Any additional loans granted or advanced under the Project shall be and
shall remain, at all times, and in each and every respect, shall be subject and subordinate to the Security
Instrument and other Loan Documents, and to any and all renewals, amendments, modifications,
supplements, extensions, consolidations, and replacements thereof, including without limitation,
amendments which increase the amount of the indebtedness secured by the Loan Documents.
10. Term. This Covenant shall remain in full force and effect and shall be binding upon the
Land and Owner, and its successors and assigns until March 31, 2042 (the "Term"). Upon expiration of the
Term, this Covenant shall automatically terminate and be of no further enforced and effect, except to the
extent there are any repayment obligations arising under the grant agreement or this Covenant due from
Owner to SEOPW CRA at the end of the Term, which shall remain payable, as applicable, and survive the
teiriunation of this Covenant.
11. Failure to Comply. The Owner agrees that its failure to comply with any aspect of this
Covenant, which is not cured within thirty (30) days of written notice from the SEOPW CRA, shall result
in the Owner being required to reimburse the SEOPW CRA one hundred percent (100%) of the Grant paid
to the Owner at the time or instance of non-compliance.
12. Inspection and Enforcement. The Owner covenants and agrees that any designated
representative of the SEOPW CRA shall have the right any time during normal business hours to enter and
investigate the use of the Project to determine whether the conditions of this Covenant are being complied
with. Enforcement shall be by action against the parties or persons violating or attempting to violate any
terms in this Covenant. The SEOPW CRA, if a prevailing party in any action or suit pertaining to or arising
out of this Covenant, shall be entitled to recover, in addition to costs and disbursements allowed by law,
such sum as the Court may adjudge to be reasonable for the services of its attorney(s). This enforcement
provision shall be in addition to any other remedies available at law, in equity or both.
13. Relationship Between Parties. This Covenant does not evidence the creation of, nor shall
it be construed as creating, a partnership or joint venture between the SEOPW CRA and Owner. No party
can create any obligations or responsibility on behalf of the others or bind the others in any manner. Each
party is acting for its own account, and it has made its own independent decisions to enter into this Covenant
and as to whether the same is appropriate or proper for it based upon its own judgment and upon advice
3
Declaration of Restrictive Covenants
Folio No(s): 01-3136-029-0360
from such advisors as it has deemed necessary. Each party acknowledges that none of the other parties
hereto is acting as a fiduciary for or an adviser to it in respect of this Covenant or any responsibility or
obligation contemplated herein. Owner further represents and acknowledges that no one was paid a fee,
commission, gift or other consideration by such party or such party's agent as an inducement to entering
into this Covenant.
14. Remedies; Enforceability. The benefits of this Covenant shall inure to and may be enforced
by the SEOPW CRA and its successors and assigns. If a violation of any of the provisions hereof occurs
or is attempted, the SEOPW CRA may institute and prosecute any proceeding at law or in equity to abate,
prevent or enjoin any such violation or attempted violation; and to compel specific performance hereunder,
it being recognized that the SEOPW CRA cannot be adequately compensated by monetary damages in the
event of the Owner's default. No delay in enforcing the provisions hereof as to any breach or violation
shall impair, damage or waive the right of any party entitled to enforce the provisions hereof or to obtain
relief against or recover for the continuation or repetition of such breach or violation or any similar breach
or violation hereof at any later time or times.
15. Filing. Upon execution and delivery by the parties hereto, the Owner shall cause this
Agreement and all amendments and supplements hereto to be recorded and filed in the official public
records of Miami -Dade County, Florida, and in such manner and in such other places as the SEOPW CRA
may reasonably request and shall pay all fees and charges incurred in connection therewith. If the Owner
has failed to make any such filing, the SEOPW CRA may cause such document(s) to be filed.
16. Governing Law. This Agreement shall be governed by the laws of the State of Florida.
17. Amendments. This Covenant shall not be amended, revised, or modified except by a
written instrument, executed by the parties hereto (or their successors in title), and duly recorded in the
official public records for Miami -Dade County, Florida.
18. Notice. Any notices required or permitted to be given under this Covenant shall be in
writing and shall be deemed to have been given if delivered by hand, sent by recognized overnight courier
(such as Federal Express), or mailed by certified or registered mail, return receipt requested, in a postage
prepaid envelope, and addressed as follows:
To SEOPW CRA:
With copy to:
To Owner:
Southeast Overtown/Park West Community Redevelopment Agency
James D. McQueen, Executive Director
819 N.W. 2nd Avenue, 3rd Floor
Miami, Florida 33136
Email: JMcQueenC2 miamigov.com
Vincent T. Brown, Esq., Staff Counsel
Email: V1Brown(a,miamigov.com
Temple M. B. Church, Inc.
c/o Rev. Dr. Glenroy Deveaux,Pastor
1723 N.W. 3`d Avenue
Miami, Florida 33136
Email: ms.deveaux@comcast.net
4
Declaration of Restrictive Covenants
Folio No(s): 01-3136-029-0360
Notices personally delivered or sent via overnight courier shall be deemed given on the date of delivery and
notices mailed in accordance with the foregoing shall be deemed given upon receipt or the date delivery is
refused.
19. Severability. If any provision of this Covenant shall be invalid, illegal or unenforceable,
the validity, legality and enforceability of the remaining portions hereof shall not in any way be affected or
impaired thereby.
20. Multiple Counterparts. This Agreement may be simultaneously executed in multiple
counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed
to be an original.
21. Estoppel Certificates. From time to time, the SEOPW CRA will execute and deliver an
estoppel certificate to Owner confirming the status of Owner's compliance with the terms and conditions
of this Covenant within ten (10) business days of written request from Owner. The estoppel certificate shall
state: (i) that this Covenant is in full force and effect and has not been modified, supplemented or amended,
or if there has been any modifications that this Covenant is in full force and effect as modified and
identifying the modifications or if this Covenant is not enforceable, so state; (ii) whether the SEOPW CRA
has issued any written notice(s) of any default(s) by Owner under this Agreement which remain uncured,
and if so, stating the nature of the default(s); and (iii) whether the SEOPW CRA knows of any event with
the giving of notice or passage of time, or both, would constitute a default by Owner under this Covenant.
Any estoppel certificate required to be provided pursuant to this Covenant shall be made by the SEOPW
CRA Executive Director on behalf of the SEOPW CRA.
22. Covenant Running with the Land. This Covenant shall be deemed a covenant running with
the Land and binding upon the Parties hereto, and their respective heirs, executors, legal representatives,
successors, and assigns for the Term.
23. Burden and Benefit. The SEOPW CRA and Owner hereby declare their understanding and
intent that the burden of the covenants set forth herein touch and concern the Land and run with the Land.
24. SEOPW CRA Goals. The SEOPW CRA and Owner hereby further declare their
understanding and intent that the benefit of such covenants set forth herein touch and concern the Land by
enhancing and preserving historic buildings and community heritage, furthering the public purposes
contemplated by Chapter 163.340, Florida Statutes. The Owner hereby expressly acknowledges that this
Covenant is necessary to accomplish the SEOPW CRA's public purpose, and covenants and agrees that in
connection with the improvements completed in furtherance of the ownership and operation of Temple
Missionary Baptist Church, it shall comply with all terms and conditions of this Covenant and the
Agreement.
25. Entire Agreement. This Covenant and the Agreement constitutes the entire agreement and
understanding between the Parties with respect to the subject matter hereof and there are no other
agreements, representations, warranties other than as set forth herein. This Covenant may not be changed,
altered, or modified except by an instrument in writing signed by the party against who enforcement of such
change would be sought.
26. Miscellaneous.
a. In the event of any litigation between the Parties under this Covenant, the prevailing party
shall be entitled to reasonable attorneys' fees and court costs at all trial and appellate levels.
b. Time shall be of the essence for each and every provision of this Agreement.
5
Declaration of Restrictive Covenants
Folio No(s): 01-3136-029-0360
c. All exhibits attached to this Covenant are incorporated in, and made a part of this,
Covenant.
27. Assignment. The SEOPW CRA may assign all or any portion of its rights under this
Covenant, including any payments and reimbursements due hereunder, to any third party, with the approval
of the Board, and any such assignment shall be binding upon the Owner upon receipt of notice of such
assignment.
28. Termination of SEOPW CRA. Upon the termination of the SEOPW CRA, all rights under
this Covenant not previously assigned by the SEOPW CRA shall automatically be transferred to the City
of Miami and thereafter all references to the Executive Director shall be deemed references to the City
Manager and all references to the SEOPW CRA Board shall be deemed references to the City Commission.
This will occur automatically by the express terms of this Covenant and will not require any further action
by either party to effectuate.
[Signatures and Notary Acknowledgements on Following Pages]
6
Declaration of Restrictive Covenants
Folio No(s): 01-3136-029-0360
IN WITNESS HEREOF, the Parties have caused this Covenant to be executed by its duly
authorized officers herein as of the day and year first above -written.
OWNER:
TEMPLE MISSIONARY BAPTIST
CHURCH, INC., a Florida Not -For -Profit
Corporation
By:Lti- •I �; .�►
Name:
Title: (,
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE
WITNESSES:
Sign Name:
Print Name: /WDne1 k VA
Address:
Address:
cm mu y ) Vd F Ot)V
!11 i& ft 10,3313v
Sign Name: N;41- e' / $iU
Print Name: `1/1j
00(j•(1 1 foiU.
1't(k4 tth o. 6 . du lit
, 016(4,
The foregoing instrument was ac owledged before me by means of physical presence or ❑
online notarization, this day of r ri.{Gtf , 202.4, by �,Q Ly'0 etfQ4(Ay , as Personal
Representative of TEMPLE MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit
Corporation and such individual is
license
a� Y �v ANDREA VENICE SMITH
' : Notary Public • State.of Florida
• `) Commission # HH 290869
''pFr' My Comm, Expires Nov 15, 2026
Bonded through National Notary Assn.
:rsonally known to me or [-has produced a State of Florida driver's
as identification.
My Commission Expires: /`t�l 5(2-0 ZJ„
Notary Public, State of
Print Name:
Title:
Commission No. .jLAz 2-q 0 gh
(If any)
7
JURAT CERTIFICATE TO DECLARATION OF RESTRICTIVE COVENANT FOR
TEMPLE MISSONARY BAPTIS CHURCH, INC.
STATE OF FLORIDA
)SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means V. physical presence or
o online notarization, this 27th day of February, 2026, by Glenroy Deveaux, President of TEMPLE
MISSONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit corporation, and such
individual is o personally known to me or o has produced a State of Florida driver's license, as
identification.
ANDREA VENICE SMITH
Notary Public • State of Florida
Commission # HH 290869
•• ;oF s'•.. My Comm. Expires Nov 15, 2026
Bonded through National Notary Assn.
Notary Public, State of Florida
Print Name: Andrea Smith
Title: Notary
Commission No. HH 290869
Commission expires on: 11/15/2026
Declaration of Restrictive Covenants
Folio No(s): 01-3136-029-0360
SEOPW CRA:
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT
AGENCY, of the City of Miami, a public
agency and body corporate created pursuant to
Section 163.356, Florida Statutes
By:
James D. McQueen
Executive Director
ATTEST: , 1 APPROVED AS TO LEGAL SUFFICIENCY:
B
Todd B. Vincent T. Brown, Esq.
Clerk of the Board Staff Counsel
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of JEI physical presence or 0
online notarization, this 3 day of C./'CH , 20 26 by James D. McQueen, Executive Director
of the SW THEAST OVERTOWN/P' WEST COMMUNITY REDEVELOPMENT AGENCY,
a public agency and body corporate, created pursuant to Section 163.356, Florida Statutes, and such
individual is 1F4 personally known to me or 0 has produced a State of Florida driver's license no.
as identification.
aa`� '••. ANDREA VENICE SMITH
? •' �r1 Notary Public • State of Florida
• 1 Commission a NH 290869
'•0.... ,.g•7 My Comm. Expires Nov 15, 2026
8oreee through National Notary Assn.
My Commission Expires: 1 /76/20Z 6
Notary Public, State of i���i��' , FG
Print Name: 4i✓ J7 e?4
Title:
Commission No. LO f/ 21 O g(p
(If any)
8
Declaration of Restrictive Covenants
Folio No(s): 01-3136-029-0360
Exhibit "A"
Land Legal Description
Folio 01-3136-029-0360
ERICKSONS RESUB LOTS 3 & 4 BLK 17
PB B-156
LOT 34
OR 13385-938 0887 4
Declaration of Restrictive Covenants
Folio No(s): 01-3136-029-0360
Exhibit "B"
[Resolution No. CRA-R-25-0059]
10
Southeast Overtown/Park West
Community Redevelopment Agency
Legislation
CRA Resolution: CRA-R-25-0059
819NW2ndAve
3rd Floor
Miami, FL 33136
www.seopwcra.com
File Number: 18339
Final Action Date:10/23/2025
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
("SEOPW CRA"), WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S
RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED
HEREIN AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND
PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT
TO SECTION(S) 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), AS ADOPTED BY THE SEOPW CRA,
AND WAIVING SAID PROCEDURES, AUTHORIZING THE ISSUANCE OF A
GRANT, IN AN AMOUNT NOT TO EXCEED THREE HUNDRED SIXTY
THOUSAND DOLLARS AND ZERO CENTS ($360,000.00) ("FUNDS"), TO
TEMPLE MISSIONARY BAPTIST CHURCH, INC., A FLORIDA NOT -FOR -
PROFIT CORPORATION ("GRANTEE"), TO UNDERWRITE COSTS FOR
RENOVATIONS AT TEMPLE MISSIONARY BAPTIST CHURCH, LOCATED AT
1723 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA 33136 ("PROPERTY") FOR
URGENT REPAIR AND REHABILITATION OF THE PROPERTY ("PURPOSE");
AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS
DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS,
UPON PRESENTATION OF INVOICES AND SATISFACTORY
DOCUMENTATION, SUBJECT TO THE AVAILABILITY OF FUNDING, FROM
THE CORRESPONDING ACCOUNT NO. 10050.920101.883000.0000.00000
"OTHER GRANTS AND AIDS"; FURTHER AUTHORIZING THE EXECUTIVE
DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS
NECESSARY, ALL IN FORMS ACCEPTABLE TO COUNSEL, INCLUDING, BUT
NOT LIMITED TO, A RESTRICTIVE COVENANT TO BE RECORDED IN THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR SAID
PURPOSE; PROVIDING FOR THE INCORPORATION OF RECITALS AND AN
EFFECTIVE DATE.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW
CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is
responsible for carrying out community redevelopment activities and projects within its Redevelopment
Area in accordance with the 2018 Updated Southeast Overtown/Park West Community Redevelopment
Plan ("Plan"); and
WHEREAS, pursuant to Section 163.340(9) Florida Statutes, "community redevelopment means
projects of a ... community redevelopment agency in a community redevelopment area for the
elimination and prevention of the development or spread of slum and blight"; and
WHEREAS, Section 2, Goal 1, of the Plan, lists the "preserv[ation] of historic buildings and
community heritage," as a stated redevelopment goal; and
City of Miami Page 1 of 3 File ID: 18339 (Revision:) Printed On: 10/27/2025
File ID: 18339 Enactment Number: CRA-R-25-0059
WHEREAS, Section 2, Principle 8, of the Plan, provides that "[o]Ider buildings that embody the
area's cultural past should be restored," as a stated redevelopment goal; and
WHEREAS, Temple Missionary Baptist Church, Inc., a Florida not -for -profit corporation,
("Grantee"), owns Temple Missionary Baptist Church, located at 1723 Northwest 3`d Avenue, Miami,
Florida 33136 ("Property"); and
WHEREAS, the Property was built in 1950 and is in need of repairs and improvements; and
WHEREAS, Grantee is requesting financial assistance to underwrite costs associated with urgent
repairs and improvements needed to the Property, such as exterior window and door replacement, roof
replacement, A/C and electrical repairs, termite treatment, and mold mitigation at the Property, as well as
for soft costs ("Purpose"); and
WHEREAS, the Board of Commissioners wishes to authorize grant funds, in an amount not to
exceed Three Hundred Sixty Thousand Dollars and Zero Cents ($360,000.00) ("Funds"), to the Grantee
for the Purpose stated herein; and
WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the
SEOPW CRA redevelopment goals and objectives; and
WHEREAS, based on the recommendation and findings of the Executive Director, attached and
incorporated herein as Exhibit "A," it is in the SEOPW CRA's best interest for the Board of
Commissioners to authorize, by an affirmative four -fifths (4/5ths) vote, a waiver of competitive sealed
bidding procedures, pursuant to Sections 18-85 and 18-86 of the Code of the City of Miami, Florida, as
amended ("City Code"), as adopted by the SEOPW CRA, to allocate said Funds, subject to availability,
and to authorize the Executive Director to negotiate and execute any and all agreements necessary, all in
forms acceptable to Counsel, for said Purpose;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. Pursuant to Section(s) 18-85 and 18-86 of the City Code, as adopted by the
SEOPW CRA, by a four -fifths (4/5') affirmative vote, after an advertised public hearing, the Executive
Director's recommendation and written findings, attached and incorporated herein as Exhibit "A," that
competitive negotiation methods and procedures are not practicable or advantageous to the SEOPW CRA,
and waiving the requirements for said procedures, are hereby ratified, approved, and confirmed.
Section 3. The Executive Director is hereby authorized' to disburse the Funds, at his
discretion, on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory
documentation from Other Grants and Aids - Account No. 10050.920101.883000.0000.00000, subject to
funding availability, for the Purpose stated herein.
Section 4. The Executive Director is authorized' to negotiate and execute an agreement,
including any and all necessary documents, all in forms acceptable to Counsel, for said Purpose.
The herein authorization is further subject to compliance with all legal requirements that may be imposed,
including but not limited to those prescribed by applicable State law, City Charter and City Code provisions, as
adopted by the SEOPW CRA.
City of Miami Page 2 of 3 File ID: 18339 (Revision:) Printed on: 10/27/2025
File ID: 18339 Enactment Number: CRA-R-25-0059
Section 5. Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the Executive Director, or the
Executive Director's designee, without need for public hearing, by filing a corrected copy of same with
the City of Miami City Clerk.
Section 6. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
V'• ce3rr Go 10/16/2025
City of Miami Page 3 of 3 File ID: 18339 (Revision:) Printed on: 10/27/2025
Declaration of Restrictive Covenants
Folio No(s): 01-3136-029-0360
Exhibit "C"
[Copy of Signed Grant Agreement]
Declaration of Restrictive Covenants
Folio No(s): 01-3136-029-0360
Exhibit "D"
[Form of Payment and Performance Bond]
12
FORM OF PERFORMANCE BOND (Page 1of 2)
BY THIS BOND, We , as Principal,
hereinafter called Contractor, and , as Surety, are bound
to the Southeast Overtown/ Park West Community Redevelopment Agency, as Obligee,
hereinafter called the SEOPW CRA AND THE CITY OF MIAMI, in the amount of
Dollars ($ ) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
ITB No: , awarded the day of , 20 ,
with the SEOPW CRA AND THE CITY OF MIAMI which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for liquidated
damages, and other damages identified, and for the purposes of this Bond are hereafter referred
to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and the SEOPW CRA AND THE CITY OF
MIAMI for construction of , the
Contract being made a part of this Bond by reference, at the times and in the manner
prescribed in the Contract; and
2. Pays the SEOPW CRA AND THE CITY OF MIAMI all losses, liquidated damages,
expenses, costs and attorney's fees including appellate proceedings, that the SEOPW
CRA AND THE CITY OF MIAMI sustains as a result of default by Contractor under the
Contract; and
3. Performs the guarantee of all Work and materials furnished under the Contract for the time
specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL
FORCE AND EFFECT.
4. Whenever Contractor shall be, and declared by the SEOPW CRA AND THE CITY OF
MIAMI to be, in default under the Contract, the SEOPW CRA AND THE CITY OF MIAMI
having performed the SEOPW CRA AND THE CITY OF MIAMI obligations hereunder, the
Surety may promptly remedy the default, or shall promptly:
4.1. Complete the Project in accordance with the terms and conditions of the Contract
Documents; or
1
FORM OF PERFORMANCE BOND (Page 2 of 2)
4.2. Obtain a bid or bids for completing the Project in accordance with the terms and
conditions of the Contract Documents, and upon determination by Surety of the
lowest responsible Bidder, or, if the SEOPW CRA AND THE CITY OF MIAMI
elects, upon determination by the SEOPW CRA AND THE CITY OF MIAMI and
Surety jointly of the lowest responsible Bidder, arrange for a contract between
such Bidder and the SEOPW CRA AND THE CITY OF MIAMI, and make
available as Work progresses (even though there should be a default or a
succession of defaults under the Contract or Contracts of completion arranged
under this paragraph) sufficient funds to pay the cost of completion Tess the
balance of the Contract Price; but not exceeding, including other costs and
damages for which the Surety may be liable hereunder, the amount set forth in
the first paragraph hereof. The term balance of the Contract Price," as used in
this paragraph, shall mean the total amount payable by the SEOPW CRA AND
THE CITY OF MIAMI to Contractor under the Contract and any amendments
thereto, Tess the amount properly paid by the SEOPW CRA AND THE CITY OF
MIAMI to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than the SEOPW CRA AND THE CITY OF MIAMI named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the
Contract or the changes does not affect Surety's obligation under this Bond.
Signed and sealed this day of , 20
WITNESSES:
Secretary By:
(CORPORATE SEAL)
(Name of Corporation)
(Signature)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
2
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
3
FORM OF PAYMENT BOND (Page 1of 2)
BY THIS BOND, We , as Principal,
hereinafter called Contractor, and , as Surety, are bound
to the Southeast Overtown/ Park West Community Redevelopment Agency, as Obligee,
hereinafter called the SEOPW CRA AND THE CITY OF MIAMI, in the amount of
Dollars ($ ) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, 1TB. No.
awarded the day of , 20 , with the
SEOPW CRA AND THE CITY OF MIAMI which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for liquidated
damages, and other damages identified, and for the purposes of this Bond are hereafter referred
to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays the SEOPW CRA AND THE CITY OF MIAMI all losses, liquidated damages,
expenses, costs and attorney's fees including appellate proceedings, that the SEOPW
CRA AND THE CITY OF MIAMI sustains because of default by Contractor under the
Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all
labor, materials and supplies used directly or indirectly by Contractor in the performance
of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING
CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has
not received payment for its labor, materials, or supplies shall, within forty-five
(45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the Work, furnish to Contractor a notice that he intends to look to
the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not received
payment for its labor, materials, or supplies shall, within ninety (90) days after
performance of the labor or after complete delivery of the materials or supplies,
deliver to Contractor and to the Surety, written notice of the performance of the
labor or delivery of the materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
Contractor or the Surety unless the notices stated under the preceding conditions
(2.1) and (2.2) have been given.
4
2.4. Any action under this Bond must be instituted in accordance with the longer of
the applicable Notice and Time Limitations provisions prescribed in Section
255.05(2), or Section 95-11, Florida Statutes.
5
FORM OF PAYMENT BOND (Page 2 of 2)
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the
Contract or the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this day of , 20
Contractor
ATTEST:
By:
(Name of Corporation)
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
6
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of
the corporation named as Principal in the foregoing Performance and Payment Bond
(Performance Bond and Payment Bond); that , who signed the
Bond(s) on behalf of the Principal, was then of said corporation; that I know
his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly
signed, sealed and attested to on behalf of said corporation by authority of its governing body.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
to me well known, who being by me first duly
sworn upon oath says that he/she has been authorized to execute the foregoing Performance
and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named
therein in favor of the SEOPW CRA AND THE CITY OF MIAMI.
Subscribed and Sworn to before me this day of
20
My commission expires:
Notary Public, State of Florida at Large
Bonded by
7
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2)
Date of Issue
Issuing Bank's No.
Beneficiary: Applicant:
Southeast Overtown/ Park West
Community Redevelopment Agency
819 N.W. 2nd Avenue, 3`d Floor
Miami, Florida 33136
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
at by order
(branch address)
of and for the account of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of available by your
drafts at sight, accompanied by:
1. A signed statement from the Southeast Overtown/ Park West Community Redevelopment
Agency ("SEOPW CRA") Executive Director or his authorized designee, that the drawing
is due to default in performance of certain obligations on the part of
(contractor, applicant, customer) agreed upon by and between the SEOPW CRA AND
THE CITY OF MIAMI and (contractor, applicant, customer), pursuant
to Bid/Contract No. for (name of project) and Section 255.05,
Florida Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
8
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2)
Drafts must bear the clause: Drawn under Letter of Credit No. (Number),
of (Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year each unless we
provide the SEOPW CRA AND THE CITY OF MIAMI with written notice of our intent to terminate
the credit herein extended, which notice must be provided at least thirty (30) days prior to the
expiration date of the original term hereof or any renewed one (1) year term. Notification to the
SEOPW CRA AND THE CITY OF MIAMI that this Letter of Credit will expire prior to performance
of the Contractor's obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not
in any way be modified, or amplified by reference to any documents, instrument, or agreement
referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and
any such reference shall not be deemed to incorporate herein by reference any document,
instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under
and in compliance with the terms of this credit that such drafts will be duly honored upon
presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of
the Project by the
(contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits,"
International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of
Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and
Florida law should arise, Florida law shall prevail. If a conflict between the law of another state
or country and Florida law should arise, Florida law shall prevail.
Authorized Signature
9
Exhibit "E"
Insurance Requirements
Page 17of19
INSURANCE REQUIREMENTS
TEMPLE MISSIONARY BAPTIST CHURCH, INC.
PROPERTY RENOVATION - GRANTEE REQUIREMENTS
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Products/Completed Operations $ 1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami listed as an Additional Insured
SEOPW CRA listed as an additional insured
Contingent and Contractual Liability
Premises and Operations Liability
Primary Insurance Clause Endorsement
City of Miami
Attn: Risk Management
444 SW 2nd Avenue
Miami, Florida 33130
Southeast Overtown/Park West Community Redevelopment Agency
819 NW 2nd Avenue, 3rd Floor
Miami, Florida 33136
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 $ 300,000
B. Endorsements Required
City of Miami included as an Additional Insured
SEOPW CRA listed as an additional insured
Letter may be provided if no auto exposure is anticipated
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 may be provided 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 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.
INSURANCE REQUIREMENTS
TEMPLE MISSIONARY BAPTIST CHUCH, INC. - RENOVATION PHASE
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Products/Completed Operations $ 1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami & SEOPW CRA listed as an additional insured
Contingent and Contractual Liability
Premises and Operations Liability
Explosion, Collapse and Underground Hazard
Primary Insurance Clause Endorsement
City of Miami
Attn: Risk Management
444 SW 2nd Avenue
Miami, Florida 33130
Southeast Overtown/Park West Community Redevelopment Agency
819 NW 2nd Avenue, 3rd Floor
Miami, Florida 33136
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 & SEOPW CRA listed as an additional insured
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
Policy Aggregate
$ 1,000,000
$ 1,000,000
City of Miami & SEOPW CRA listed as an additional Insured. Coverage
is excess follow form over all liability policies contained herein.
VI. Payment and Performance Bond TBD or
Full amount of the project
City of Miami & SEOPW CRA listed as Obligees
VII. Builders' Risk
Causes of Loss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost
Deductible: $10,000 All other Perils
5% maximum on Wind/Hail and Flood
City of Miami & SEOPW CRA listed as loss payeeS
A. Coverage Extensions: As provided by carrier
The above policies shall provide the City of Miami with written notice of
cancellation or material change from the insurer not less than (30) days prior to any
such cancellation or material change, or in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less
than "Class V" as to Financial Strength, by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent. All policies and /or certificates of insurance are subject to review and
verification by Risk Management prior to insurance approval.
Exhibit "F"
Form of Performance and Payment Bond
Page 18of19
FORM OF PERFORMANCE BOND (Page 1of 2)
BY THIS BOND, We , as Principal,
hereinafter called Contractor, and , as Surety, are bound
to the Southeast Overtown/ Park West Community Redevelopment Agency, as Obligee,
hereinafter called the SEOPW CRA AND THE CITY OF MIAMI, in the amount of
Dollars ($ ) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
ITB No: , awarded the day of , 20
with the SEOPW CRA AND THE CITY OF MIAMI which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for liquidated
damages, and other damages identified, and for the purposes of this Bond are hereafter referred
to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and the SEOPW CRA AND THE CITY OF
MIAMI for construction of , the
Contract being made a part of this Bond by reference, at the times and in the manner
prescribed in the Contract; and
2. Pays the SEOPW CRA AND THE CITY OF MIAMI all losses, liquidated damages,
expenses, costs and attorney's fees including appellate proceedings, that the SEOPW
CRA AND THE CITY OF MIAMI sustains as a result of default by Contractor under the
Contract; and
3. Performs the guarantee of all Work and materials furnished under the Contract for the time
specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL
FORCE AND EFFECT.
4. Whenever Contractor shall be, and declared by the SEOPW CRA AND THE CITY OF
MIAMI to be, in default under the Contract, the SEOPW CRA AND THE CITY OF MIAMI
having performed the SEOPW CRA AND THE CITY OF MIAMI obligations hereunder, the
Surety may promptly remedy the default, or shall promptly:
4.1. Complete the Project in accordance with the terms and conditions of the Contract
Documents; or
1
FORM OF PERFORMANCE BOND (Page 2 of 2)
4.2. Obtain a bid or bids for completing the Project in accordance with the terms and
conditions of the Contract Documents, and upon determination by Surety of the
lowest responsible Bidder, or, if the SEOPW CRA AND THE CITY OF MIAMI
elects, upon determination by the SEOPW CRA AND THE CITY OF MIAMI and
Surety jointly of the lowest responsible Bidder, arrange for a contract between
such Bidder and the SEOPW CRA AND THE CITY OF MIAMI, and make
available as Work progresses (even though there should be a default or a
succession of defaults under the Contract or Contracts of completion arranged
under this paragraph) sufficient funds to pay the cost of completion Tess the
balance of the Contract Price; but not exceeding, including other costs and
damages for which the Surety may be liable hereunder, the amount set forth in
the first paragraph hereof. The term "balance of the Contract Price," as used in
this paragraph, shall mean the total amount payable by the SEOPW CRA AND
THE CITY OF MIAMI to Contractor under the Contract and any amendments
thereto, less the amount properly paid by the SEOPW CRA AND THE CITY OF
MIAMI to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than the SEOPW CRA AND THE CITY OF MIAMI named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the
Contract or the changes does not affect Surety's obligation under this Bond.
Signed and sealed this day of , 20
WITNESSES:
Secretary By:
(CORPORATE SEAL)
(Name of Corporation)
(Signature)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
2
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
3
FORM OF PAYMENT BOND (Page 1of 2)
BY THIS BOND, We , as Principal,
hereinafter called Contractor, and , as Surety, are bound
to the Southeast Overtown/ Park West Community Redevelopment Agency, as Obligee,
hereinafter called the SEOPW CRA AND THE CITY OF MIAMI, in the amount of
Dollars ($ ) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, ITB. No.
awarded the day of , 20 , with the
SEOPW CRA AND THE CITY OF MIAMI which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for liquidated
damages, and other damages identified, and for the purposes of this Bond are hereafter referred
to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays the SEOPW CRA AND THE CITY OF MIAMI all losses, liquidated damages,
expenses, costs and attorney's fees including appellate proceedings, that the SEOPW
CRA AND THE CITY OF MIAMI sustains because of default by Contractor under the
Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all
labor, materials and supplies used directly or indirectly by Contractor in the performance
of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING
CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has
not received payment for its labor, materials, or supplies shall, within forty-five
(45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the Work, furnish to Contractor a notice that he intends to look to
the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not received
payment for its labor, materials, or supplies shall, within ninety (90) days after
performance of the labor or after complete delivery of the materials or supplies,
deliver to Contractor and to the Surety, written notice of the performance of the
labor or delivery of the materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
Contractor or the Surety unless the notices stated under the preceding conditions
(2.1) and (2.2) have been given.
4
2.4. Any action under this Bond must be instituted in accordance with the longer of
the applicable Notice and Time Limitations provisions prescribed in Section
255.05(2), or Section 95-11, Florida Statutes.
5
FORM OF PAYMENT BOND (Page 2 of 2)
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the
Contract or the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this day of , 20
ATTEST:
(Secretary)
(Corporate Seal)
IN THE PRESENCE OF:
By:
By:
6
Contractor
(Name of Corporation)
(Signature)
(Print Name and Title)
day of , 20
INSURANCE COMPANY:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
CERTIFICATE AS TO CORPORATE PRINCIPAL
, certify that I am the Secretary of
the corporation named as Principal in the foregoing Performance and Payment Bond
(Performance Bond and Payment Bond); that , who signed the
Bond(s) on behalf of the Principal, was then of said corporation; that I know
his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly
signed, sealed and attested to on behalf of said corporation by authority of its governing body.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
to me well known, who being by me first duly
sworn upon oath says that he/she has been authorized to execute the foregoing Performance
and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named
therein in favor of the SEOPW CRA AND THE CITY OF MIAMI.
Subscribed and Sworn to before me this day of
20
My commission expires:
Notary Public, State of Florida at Large
Bonded by
7
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2)
Date of Issue
Issuing Bank's No.
Beneficiary: Applicant:
Southeast Overtown/ Park West
Community Redevelopment Agency
819 N.W. 2nd Avenue, 3rd Floor
Miami, Florida 33136
Amount:
in United States Funds
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
at by order
(branch address)
of and for the account of
(contractor, applicant, customer)
Expiry:
up to an aggregate amount, in United States Funds, of available by your
drafts at sight, accompanied by:
1. A signed statement from the Southeast Overtown/ Park West Community Redevelopment
Agency ("SEOPW CRA") Executive Director or his authorized designee, that the drawing
is due to default in performance of certain obligations on the part of
(contractor, applicant, customer) agreed upon by and between the SEOPW CRA AND
THE CITY OF MIAMI and (contractor, applicant, customer), pursuant
to Bid/Contract No. for (name of project) and Section 255.05,
Florida Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
8
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2)
Drafts must bear the clause: Drawn under Letter of Credit No. (Number),
of (Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year each unless we
provide the SEOPW CRA AND THE CITY OF MIAMI with written notice of our intent to terminate
the credit herein extended, which notice must be provided at least thirty (30) days prior to the
expiration date of the original term hereof or any renewed one (1) year term. Notification to the
SEOPW CRA AND THE CITY OF MIAMI that this Letter of Credit will expire prior to performance
of the Contractor's obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not
in any way be modified, or amplified by reference to any documents, instrument, or agreement
referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and
any such reference shall not be deemed to incorporate herein by reference any document,
instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under
and in compliance with the terms of this credit that such drafts will be duly honored upon
presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of
the Project by the
(contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits,"
International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of
Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and
Florida law should arise, Florida law shall prevail. If a conflict between the law of another state
or country and Florida law should arise, Florida law shall prevail.
Authorized Signature
9
Attachment A
Anti -Human Trafficking Affidavit
Page 19 of 19
ATTACHMENT A - ANTI -HUMAN TRAFFICKING AFFIDAVIT
The undersigned affirms, certifies, attests, and stipulates as follows:
1. The entity/individual is a nongovernmental entity authorized to transact business in the State of
Florida (hereinafter, "nongovernmental entity").
2. The nongovernmental entity is either executing, renewing, or extending a contract (including, but
not limited to, any amendments, as applicable) with the SEOPW CRA or one of its agencies,
authorities, boards, trusts, or other SEOPW CRA 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."
3. The nongovernmental entity does not use "coercion" for labor or services as defined in Section
787.06, Florida Statutes (2024).
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; and
b) I am an officer, a representative, or individual of the nongovernmental entity authorized to
execute this Anti -Human Trafficking Affidavit.
FURTHER AFFIANT SAYETH NAUGHT.
Nongovernmental Entity/Individual: 1 tea-+. 1✓( $' c cJirt.y ins s 6-61 rCL
Nam try- /t - 1 I)C_t//-D c,,?C Title: i'Gc,t7%t
Signature: o crY / -i 4 e-C-A'=f'
Office Address: / 7 Z 3 /v w. 317 P' . -Li.
Email Address: Main Phone Number:l� S.- 573 J3 7)L -
CERTIFICATE OF AUTHORITY
(IF CORPORATION — INC. — OR LLC)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
/ jjc a corporation/LLC organized and existing under
the laws of the State of �/ • , held on the /14 day of L , 202 a resolution was duly
passed and adopted, authorizing (Name)ain ('a 7 a-1/a -./as (Title) 6-s rrr/" of the
corporation/LLC to execute agreements on behalf of the corporation/LLC and providing that their execution
thereof, attested by the secretary of the corporation/LLC, shall be the official act and deed of the
corporation/LLC.
I further certify that said resolution remains in full force and effect.
IN TNESS REOF, I have hereunto set my hand this a °7day of IC e i . , 207 (.^,
Secretary.), jLt., ., ► 3) 1 ' . I i l
Print: )/110.Q al
tom.- Rowe
NOTARIZATION
STATE OF ) ) SS:
COUNTY OF
THE FOREGOING INSTRUMENT was acknowledged before me by means of [ ] physical presence or [
] online notarization on this day of , 20 , by as
, on behalf of said entity, who is ( ) personally known to me or ( ) has
produced the following identification
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
COMMISSION EXPIRES
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
CERTIFICATE OF AUTHORITY
(IF LIMITED PARTNERSHIP — L.P.)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a partnership organized and existing under the
laws of the State of , held on the day of , 20_, a resolution was
duly passed and adopted, authorizing (Name) as
(Title) of the partnership to execute agreements on behalf of the partnership and
provides that their execution thereof, attested by a partner, shall be the official act and deed of the
partnership.
I further certify that said partnership agreement remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20_
Partner:
Print:
mes and addresses of partners:
Name
Street Address
City
State
Zip
NOTARIZATION
STATE OF ) ) SS:
COUNTY OF )
THE FOREGOING INSTRUMENT was acknowledged before me by means of [ ] physical presence or [
] online notarization on this _ day of , 20 , by as
, on behalf of said entity, who is ( ) personally known to me or ( ) has
produced the following identification
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
COMMISSION EXPIRES
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is
authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each
member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority
(corporate, partnership, or individual).
NOTARIZATION
STATE OF ) ) SS:
COUNTY OF )
THE FOREGOING INSTRUMENT was acknowledged before me by means of [ ] physical presence or [
] online notarization on this day of , 20_, by as
, on behalf of said entity, who is ( ) personally known to me or ( ) has
produced the following identification
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
COMMISSION EXPIRES
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL OR SOLE MEMBER LLC)
I HEREBY CERTIFY that, I (Name) , individually and doing
business as (d/b/a) (If Applicable) have executed and am
bound by the terms of the Agreement to which this attestation is attached.
IN WITNESS WHEREOF, I have hereunto set my hand this _ day of , 20_
Signed:
Print:
NOTARIZATION
STATE OF ) ) SS:
COUNTY OF
THE FOREGOING INSTRUMENT was acknowledged before me by means of [ ] physical presence or [
] online notarization on this day of , 20, by as
, on behalf of said entity, who is ( ) personally known to me or ( ) has
produced the following identification
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
COMMISSION EXPIRES
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
au \n�