HomeMy WebLinkAbout23319AGREEMENT INFORMATION
AGREEMENT NUMBER
23319
NAME/TYPE OF AGREEMENT
SEOPW CRA & TOWN PARK VILLAGE NO.1 INC.
DESCRIPTION
GRANT AGREEMENT/RENOVATION & REHABILITATION OF
147 RESIDENTIAL UNITS/FILE ID: 6130/CRA-R-19-0022
EFFECTIVE DATE
October 16, 2020
ATTESTED BY
NICOLE EWAN
ATTESTED DATE
12/1/2020
DATE RECEIVED FROM
ISSUING DEPT.
12/7/2020
NOTE
GRANT AGREEMENT
This GRANT AGREEMENT ("Agreement") is made as of this 16th day of October 16, 2020 ("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 ("CRA"), and
TOWN PARK VILLAGE NO 1 INC., a Florida Corporation ("Grantee").
RECITALS
A. WHEREAS, the CRA is responsible for carrying out community redevelopment activities and
projects within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West Community
Redevelopment Plan, as amended and restated ("Plan"); and
B. WHEREAS, Florida Statutes, Section 163.335(6) of the Community Redevelopment Act found
and declared that there exists "... a severe shortage of housing affordable to residents of low or moderate income,
including the elderly... [and] such condition[s] affect the health, safety and welfare of the residents ... and retards
their growth and economic and social development ...."; and
C. WHEREAS, Section 2, Goal 3 on page 11 of the Plan lists "creating infill housing, diversity in
housing types, and retaining affordable housing" as a stated redevelopment goal; and
D. WHEREAS, Section 2, Principle 2 on page 14 of the Plan also provides that "the neighborhood
has to retain access to affordable housing even as the neighborhood becomes more desirable to households with
greater means" as a stated redevelopment principle; and
E. WHEREAS, Section 2, Principle 3 on page 14 of the Plan further provides that "there must be
variety in housing options" as a stated redevelopment principle; and
F. WHEREAS, the Grantee is the owner of the real property described on Exhibit "A" attached
hereto and made a part hereof (the "Property") which is improved with 147 residential units which Grantee
operates for the benefit of its shareholders and its tenants in accordance with Grantee's By -Laws and Occupancy
Agreements; and
G. WHEREAS, the Property is suffering from long-standing deferred maintenance, structural,
plumbing, and electrical problems, and life safety issues that are contributing to the slum and blight in the
Redevelopment Area; and
H. WHEREAS, on June 27, 2019, pursuant to Resolution No. CRA-R-19-0022, attached hereto as
Exhibit "B", the Board of Commissioners (the "Board") authorized a waiver of the competitive bidding process
for the renovation and rehabilitation at the Property; and =
I. WHEREAS, the Board authorized the selection of H.A. Contracting Corp. as the general contractor
(the "General Contractor") to perform the renovation and rehabilitation of the improvements at the Property for
Grantee; and
J. WHEREAS, the Board authorized a grant to Grantee, in an amount not to exceed Eighteen -Million
Dollars ($18,000,000), for the renovation and rehabilitation of 147 residential units at the Property, including the
temporary relocation of its residents during construction (the "Project"), subject to the availability of funds to be
derived from the sale of Block 55 (the "Grant"); and
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K. WHEREAS, the parties wish to enter into this Agreement to set forth the terms and conditions
relating to the use of the Grant for Project;
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 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 under this Agreement, the CRA hereby agrees to make available to the Grantee, the Grant,
to be used for the Project and disbursed in the manner hereinafter provided, subject to the availability of
funds.
3. USE OF GRANT. The Grant shall be used to underwrite costs associated with the Project, more
particularly described in the Scope of Work for the Project and Project Budget attached hereto and
incorporated herein as Exhibit "C" and Exhibit "D" respectively and incorporated herein, which have
been approved by the CRA and Grantee.
4. TERM. The term of this Agreement shall commence on the Effective Date and shall terminate
upon completion of the Project, or until the Grant funds are expended, or earlier as provided for herein;
provided, however, that the following rights of the CRA shall survive the expiration or early termination
of this Agreement: to audit or inspect; the terms and provisions of the Restrictive Covenant; to enforce
representations, warranties and certifications; to exercise entitlement to remedies, limitation of liability,
indemnification, and recovery of fees and costs.
5. DISBURSEMENT OF GRANT.
a. GENERALLY. Subject to the terms and conditions contained in this Agreement, the CRA
shall make available to Grantee up to Eighteen Million Dollars ($18,000,000), subject to the availability
of funds for the Project. Grantee understands and acknowledges that funds shall be disbursed and the
Project shall proceed as funds become available. In no event shall total payments to Grantee under this
Agreement exceed Eighteen Million Dollars ($18,000,000). Payments shall be made to Grantee on a
reimbursement basis or directly to vendors on behalf of Grantee, only after the CRA has received and
approved requests for disbursement in accordance with the CRA and Grantee approved Project Budget.
Grantee acknowledges that as of the Effective Date of this Agreement, Two Hundred Fifty Thousand
Dollars ($250,000) of the Grant has been disbursed directly to Grantee or directly to vendors on behalf of
Grantee pursuant to this Agreement. Grantee further acknowledges that as of the date of this Agreement
Seventeen Million, Seven Hundred Fifty Thousand Dollars ($17,750,000) remain available of the..Grant.
b. AUTHORIZATION OF EXPENDITURES. Grantee understands and agrees'. that all
expenditures shall be in accordance with the Scope of Work and Project Budget as described in Exhibits
"C" and "D". Work on the Project shall only proceed on a phase -by -phase basis as Grant funds=become
available, and as authorized by the CRA. Available funding shall only be allocated towards the completion
of the authorized phase.
c. APPROVAL OF INVOICES. Grantee, through its authorized representative, agrees to
review and approve all invoices reflecting the expenditure of funds prior to submission to the • CRA for
payment out of the Grant, in accordance with Section 14(a). Grantee understands that any invoices
submitted that are not preapproved by Grantee may result in delays in payment to Grantee or vendors on
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behalf of Grantee. The CRA shall review said invoices, verify performance of the work invoiced, and that
expenses sought to be reimbursed by the Grantee or its General Contractor is an expense within the Scope
of Work and Project Budget in Exhibits "C" and "D". The CRA reserves the right to inspect the work
performed at any time. The CRA reserves the right to deny requests for payment out of the Grant that it
deems to be outside of the Scope of Work and/or Project Budget, or if the work is not performed in good
and workmanlike manner. The CRA further reserves the right to request additional supporting
documentation for any and all expenses.
d. GRANTEES AUTHORIZED REPRESENTATIVE(S). Grantee agrees to appoint two (2)
representatives, each having full authorization to review, approve, and sign -off on invoices. Once
appointed, actions taken by said representatives in reviewing, approving, and authorizing invoices is
binding upon Grantee. Grantee shall furnish to the CRA, in writing, the names, addresses, phone numbers
and email addresses of the appointed representatives within five (5) days of executing this Agreement.
e. REQUESTS FOR DISBURSEMENT OF GRANT. All requests for the disbursement of
Grant funds by the Grantee shall be certified by the Grantee's authorized representative. All requests for
disbursement of Grant funds must be in writing and must be accompanied by supporting documents
reflecting the use of Grant funds and/or expenditures incurred, and that said request is being made in
accordance with the Project's approved Scope of Work and Project Budget, as reflected in Exhibit "C"
and Exhibit "D". For purposes of this Agreement, "supporting documentation" may include invoices,
receipts, photographs, and any other materials evidencing the expense incurred. The Grantee agrees that
all invoices or receipts reflecting the expenses incurred in connection to the Project shall be in the name of
the Grantee, and not in the name of the CRA. Grantee shall have no right to bind the CRA to any legal
and/or monetary obligation whatsoever. The CRA retains the right to request additional supporting
documentation, or additional explanation for any and all expenses incurred by the Grantee. Grantee's
failure to provide additional supporting documentation or additional explanation regarding expenses
incurred shall result in the CRA not funding the requested amount. The Grantee shall bear the costs
associated with any expenditures not approved by the CRA. Grantee understands and acknowledges that
the CRA shall not disburse Grant funds for any expense that has not been previously approved by the CRA
in accordance with this Section 5, and that such expenses shall be borne solely by the Grantee.
f. CASH TRANSACTIONS PROHIBITED. The parties agree that no payment will be made
to Grantee as a reimbursement for any Project -specific expenditure paid in cash. Grantee acknowledges
that a cash transaction is insufficient per se to comply with record -keeping requirements under this
Agreement.
g. NO ADVANCE PAYMENTS. The 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.
h. UNFORESEEN COSTS AND/OR CHANGE ORDERS. During the course of the Project,
should unforeseen costs and/or change orders arise that are not within the Scope of Work and Project
Budget, or which exceed the Project Budget, Grantee shall immediately request CRA approval by
submitting a written request for cost approval to the CRA stating the reason for the unforeseen cost and/or
change order with supporting documentation prior to incurring said cost. Failure to submit said request to
the CRA and obtain CRA approval prior to incurring expenses shall result in the Grantee bearing the costs
incurred. Grantee acknowledges that the CRA has no obligation to fund unforeseen costs or change orders
that are not within the Scope of Work, Project Budget, or which will cause the amount of the Grant to be
exceeded.
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i. RETAINAGE. The CRA shall retain ten (10) percent of all invoice amounts and shall
release the same to Grantee or its General Contractor upon Project completion, specifically upon issuance
of a Certificate of Occupancy from the City of Miami's Building Department for such portion of the
Project.
6. RELOCATION. Grantee approves and agrees to the Project's relocation plan and schedule, which
is more particularly described in Exhibit "E" attached hereto and incorporated herein (the "Relocation
Plan"). Grantee shall employ effective and immediate measures to inform its residents of the impending
Project and to encourage its residents to prepare and comply with relocation efforts taken by its General
Contractor. Grantee agrees, within thirty (30) days of the execution of this Agreement, notify all residents
in writing and provide meaningful opportunity for residents to ask questions about the Relocation Plan
and their required relocation for unit rehabilitation and renovation. Thereafter Grantee must hold quarterly
meetings, or more frequently if deemed necessary by the CRA and/or the General Contractor, to inform
residents of any upcoming relocation efforts and to update residents on the progress of the rehabilitation
and the Relocation Plan, if safe to do so in the sole discretion of Grantee, given the Covid-19 pandemic
(the "Pandemic"). Grantee must take all action necessary to implement the Relocation Plan, including
without limitation to amend its occupancy agreements to require compliance with the Relocation Plan.
Should a resident refuse to agree to relocation for the Project, then the Board must take appropriate action,
to ensure that the unit is vacated for construction to commence and to comply with the Relocation Plan.
Should that unit not be vacated for construction to commence for the Project, then the General Contractor
can opt to not rehabilitate that unit if construction on the adjacent and surrounding units be viable in the
said non -vacated unit. Should a tenant or member fail to comply with relocation efforts, and such efforts
result in a Project delay, the Grantee may be responsible for all costs incurred as a result of that delay as
long as those costs are quantifiable and supporting documentation is provided justifying said costs. Grantee
acknowledges that delays related to relocation which are funded by Grant funds will ultimately reduce the
size of the Grant should it be necessary that Grant funds be used to cover those costs incurred by delays.
Grantee acknowledges that costs attributable to relocation delays may result in non -completion of items
listed within the Scope of Work in order to ensure Project completion within the Project Budget.
a. TEMPORARY RENTAL UNIT. Grantee acknowledges that the CRA is not responsible for any
costs that arise out of damage to temporary rental units caused by relocated residents occupying
the units. Such costs will be the sole responsibility of the Grantee who may pass off those costs to
the relocated resident.
7. AFFORDABLE HOUSING RESTRICTIVE COVENANT. In consideration for the Grant,
Grantee agrees to execute and record a restrictive covenant that runs with the land, in which one hundred
and twenty-seven (127) of the one hundred and forty-seven (147) residential units at the Property will be
subject to income and rent restrictions to expire twenty-five (25) years after completion of the Project, in
the form attached as set forth in Exhibit "F" (the "Restrictive Covenant"), which shall be executed
simultaneous to the execution of this Agreement. Grantee, at its sole expense, shall cause the Restrictive
Covenant to be recorded and filed in the official public records of Miami -Dade County, Florida.
8. MINORITY AND WOMEN'S PARTICIPATION AND EQUAL EMPLOYMENT
OPPORTUNITY. In connection with the Project, the Grantee shall cause its General Contractor to:
i. Take definitive action in the recruitment, advertising and to attract and retain minority and
female contractors and subcontractors;
ii. Provide a reasonable opportunity in the recruitment, advertising and hiring of
professionals, contractors and subcontractors residing within the Redevelopment Area and
within the City of Miami;
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Take reasonable definitive action in retaining employees regardless of race, color, place
of birth, religion, national origin, sex, age, marital status, veterans and disability status;
iv. Maintain equitable principles in the recruitment, advertising, hiring, upgrading, transfer,
layoff, termination, compensation and all other terms, conditions and privileges of
employment;
v. Monitor and review all personnel practices to guarantee that equal opportunities are being
provided to all employees regardless of race, color, place of birth, religion, national origin,
sex, age, marital status, veterans and disability status;
vi. Post in conspicuous places, availability to employees and applicants for employment,
notices in a form to be provided to the Executive Director of the CRA; and
vii.In all solicitations and advertisements for employment placed by or on behalf of its
construction manager, state that all applicants will receive consideration for employment
without regard to race, creed, color or national origin.
9. PARTICIPATION REQUIREMENTS. Grantee shall cause its General Contractor to comply with the
following subcontractor participation requirements and laborer participation requirements ("Participation
Requirements") with respect to the Project.
a. SUBCONTRACTOR PARTICIPATION. Grantee has the responsibility to cause its General
Contractor to hire not less than fifteen percent (15%) of the subcontractors for the Project from
subcontractors who have their principal place of business in the City of Miami giving first priority
to subcontractors in the Redevelopment Area, which encompasses part of zip code 33136 and
second priority to subcontractors whose principal place of business is in the Overtown Community.
b. LABORER PARTICIPATION. Grantee has the responsibility to cause its General Contractor and
all subcontractors to hire thirty percent (30%) of the unskilled labor for the construction of the
Project from workers residing in the City of Miami giving first priority to workers residing in the
Redevelopment Area, which encompasses part of zip code 33136 and second priority to workers
residing in the Overtown Community.
c. REPORTING REQUIREMENTS. The Grantee shall cause its General Contractor to submit to the
Executive Director of the CRA on a monthly basis commencing thirty (30) days after
commencement of the partial demolition of the existing improvements, detailed reports evidencing
compliance with the Participation Requirements during the prior thirty (30) day period
("Participation Reports"). The Participation Reports shall contain such information as the
Executive Director of the CRA may reasonably require in order to enable the Executive Director
of the CRA to determine whether the Grantee's General Contractor is in compliance with the
Subcontractor Participation Requirements and the Laborer Participation Requirements.
d. DISPUTES. In the event of any disputes between the Executive Director of the CRA and Grantee
as to whether any subcontractor has its principal place of business in the City of Miami or whether
a laborer resides in the City of Miami, and whether the Grantee has complied with the priority
requirements, the Executive Director of the CRA 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 CRA Board of Commissioners for resolution. The decision of the CRA Board of
Commissioners shall be binding on the parties.
10. 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 CRA's activities in issuing the Grant. CRA agrees to provide notice of said
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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.
11. 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 CRA shall
have the right to take one or more of the following actions:
a. Withhold cash payments, pending correction of the deficiency by Grantee or any other
person;
b. Recover payments made to Grantee;
c. Disallow (that is, deny the use of the Grant for) all or part of the cost for the activity or
action not in compliance;
d. Withhold further awards for the Project; or
e. Take such other remedies that may be legally permitted.
12. 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 CRA's audit rights in Section 12(c), the Grantee acknowledges
and accepts the 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 General Contractor and subcontractors must make
available, upon the 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 General Contractor 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 CRA reports relating to the use of the Grant
as requested by the 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 CRA shall have the right to conduct audits of the Grantee or
General Contractor'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 CRA in the performance of
these activities. Such audits shall take place at a mutually agreeable date and time.
d. FAILURE TO COMPLY. The Grantee's failure to comply with these requirements or the
receipt or discovery (by monitoring or evaluation) by the CRA of any inconsistent, incomplete or
inadequate information shall be grounds for the immediate termination of this Agreement by the CRA.
13. CRA CONDITIONS PRECEDENT. The obligations of the CRA to fund the Project, whether as
a whole or on a phase -by -phase basis, pursuant to this Agreement is subject to the satisfaction or waiver
of the following conditions:
a. The Executive Director of the CRA shall approve any amendments to the Scope of Work.
b. The Executive Director of the CRA shall approve any amendments to the Project Budget.
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c. The Executive Director of the CRA shall approve the plans and project specifications.
d. The Executive Director of the CRA shall approve the Construction Contract between the Grantee
and the General Contractor, which shall have the Relocation Plan and the relocation fee structure
attached as an exhibit.
e. The Executive Director of the CRA shall approve any changes to the Relocation Plan, including
its schedule and fee structure.
f. The Executive Director of the CRA shall approve the Project schedule, and all amendments.
g. The Executive Director of the CRA shall confirm that the Grantee and construction manager and/or
General Contractor have obtained the insurance coverage required by Exhibit "G" attached hereto
and made a part hereof.
h. The Executive Director of the CRA shall approve the payment and performance bond as detailed
in Section 24 and Exhibit "H" and builder's risk insurance as detailed in Exhibit "G".
i. The Grantee shall amend its Member and Tenant Occupancy Agreements in order to effectuate
and carry -out its obligations as set forth in the Relocation Plan.
14. REPRESENTATIONS; WARRANTIES; CERTIFICATIONS. The Grantee represents,
warranties, and certifies the following:
a. INVOICES. Invoices for all expenditures paid for by Grant shall be submitted to the CRA
for review and approval in accordance with the terms set forth in this Agreement. The Grantee, through its
authorized representative, shall certify that the invoice has been reviewed and discussed with the General
Contractor, and based upon the representations of the General Contractor and review of the Work, the
Work reflected in said invoices has, in fact, been performed and the invoice should be paid by the CRA in
accordance with the Scope of Work set forth in Exhibit "C" and the Project Budget set forth in Exhibit
«D»
b. EXPENDITURES. Funds disbursed under the Grant shall be used solely for the Project
in accordance with the Scope of Work set forth in Exhibit "C" and the Project Budget set forth in Exhibit
"D". All expenditures of the Grant will be made in accordance with the provisions of this Agreement.
c. SEPARATE ACCOUNTS. The Grant shall not be co -mingled with any other funds, and
separate accounts and accounting records will be maintained.
d. POLITICAL ACTIVITIES. No expenditure of Grant funds shall be used for political
activities.
e. LIABILITY GENERALLY. The Grantee shall be liable to the CRA for the amount of the
Grant expended in a manner inconsistent with this Agreement.
f. AUTHORITY. This Agreement has been duly authorized by all necessary actions on the
part of, and has been, or will be, duly executed and delivered by the Grantee, and neither the execution and
delivery hereof, nor compliance with the terms and provisions hereof: (i) requires the approval and consent
of any other party, except such as have been duly obtained or as are specifically noted herein; (ii)
contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on
any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions,
or on the date of this Agreement, any other agreement or instrument to which the Grantee is a party; or (iii)
contravenes or results in any breach of, or default under any other agreement to which the Grantee is a
party, or results in the creation of any lien or encumbrances upon any property of the Grantee.
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15. 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.
16. 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.
17. CONTINGENCY. Funding for this Agreement is contingent on the availability of funds by the
CRA and continued authorization for Project activities and work, and is subject to amendment or
termination due to lack of funds or authorization, reduction of funds, or change in regulations.
18. MARKETING.
a. PUBLICATION. In the event the Grantee wishes to engage in any marketing efforts, the
Grantee shall, if approved by the CRA in accordance with Section 18(b), produce, publish, advertise,
disclose, or exhibit the CRA's name and/or logo, in acknowledgement of the 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 intemet advertisements or interviews.
b. APPROVAL. The CRA shall have the right to approve the form and placement of all
acknowledgements described in Section 18(a), which approval shall not be unreasonably withheld.
c. LIMITED USE. The Grantee further agrees that the 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 CRA's name and
logo, confers or may be construed as conferring upon the Grantee any right, title, or interest whatsoever in
the CRA's name and logo beyond the right granted in this Agreement.
d. CRA CONSTRUCTION SIGNS. The Grantee shall cause its General Contractor to
display, and cause to be displayed, at the Property, in a prominent, most visible area to the public, a sign
displaying the CRA logo, and the CRA' s monetary contribution to the Project ("Construction Signage").
The Grantee shall cause its General Contractor to display, and cause to be displayed, the Construction
Signage until the Project is complete. The Construction Signage shall be paid for by the Grantee and the
Construction Sign specifications will be provided by the CRA. The CRA shall approve the location of the
Construction Sign prior to its installation.
19. DEFAULT. If the Grantee 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 CRA
that such failure has occurred, then the Grantee shall be in default. Upon the occurrence of such default
hereunder the CRA, in addition to all remedies available to it by law, may immediately, upon written notice
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to the Grantee, terminate this Agreement whereupon all payments, advances, or other compensation paid
by the CRA directly to the Grantee and utilized by the Grantee in violation of this Agreement shall be
immediately returned to the 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.
20. NO LIABILITY. In consideration for the Grant, the Grantee hereby waives, releases and
discharges the City of Miami, Miami -Dade County, the CRA, its Board of Commissioners, and its officers,
employees, agents, representatives, and attorneys, whether disclosed or undisclosed, from any and all
liability for any injury or damage of any kind or nature arising directly or indirectly out of the Grant,
including without limitation the provisions of this Agreement, performance under this Agreement, or
performance related to the Project.
21. SPECIFIC PERFORMANCE. In the event of breach of this Agreement by the CRA, the Grantee
may only seek specific performance of this Agreement and any recovery shall be limited to the Grant
funding authorized for the Project. In no event shall the CRA be liable to the Grantee for any additional
compensation, other than that provided herein.
22. INDEMNIFICATION OF THE CRA. The Grantee hereby covenants and agrees that it shall
indemnify, defend, protect and hold harmless the CRA, the City of Miami, and their respective past, present
and future officers, members, governing body members, employees, agents and representatives (any or all
of the foregoing hereinafter referred to as the "Indemnified Persons") 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 design, preconstruction,
construction, installation, operation, use, occupancy, maintenance or ownership of the Project or Property;
or (ii) 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, 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 Indemnified Persons 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 Indemnified
Persons; or (iii) the procurement or hiring of contractors, subcontractors, material man of suppliers to
perform the work; or (iv) the failures of the Grantee to comply with any of the paragraphs provisions
herein; or (v) 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 Covenant, or any Amendment to this Covenant. Grantee expressly agrees to
indemnify and hold harmless the Indemnified Persons, 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.
23. INSURANCE. Grantee shall, at all times during the term hereof, maintain such insurance
coverage as provided in Exhibit "G" attached hereto and incorporated herein. All such insurance,
including renewals, shall be subject to the approval of the CRA (which approval shall not be unreasonably
withheld) for adequacy of protection and evidence of such coverage shall be furnished to the CRA on
Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not
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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 CRA. Completed
Certificates of Insurance shall be filed with the CRA, to the extent practicable, prior to the performance of
services hereunder, provided, however, that Grantee shall at any time upon request by CRA file duplicate
copies of the policies of such insurance with the CRA.
If, in the reasonable judgment of CRA, prevailing conditions warrant the provision by Grantee of
additional liability insurance coverage or coverage which is different in kind, 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 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, 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.
24. PAYMENT AND PERFORMANCE BOND; QUALIFICATION OF SURETY. The Grantee
agrees that it shall require that the General Contractor shall, within fifteen (15) calendar days of beginning
construction, furnish a Payment and Performance Bond ("Bond") containing all the provisions set forth in
the performance and payment bond forms attached hereto as Exhibit "H". Each Bond shall be in the
amount of one hundred percent (100%) of the construction costs under the Construction Contract
guaranteeing to the CRA and Grantee the completion and performance of the construction related services
of the Project, as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to
this Project.
Each Bond shall continue in effect for one year after final completion of the Project and acceptance
of the work with liability equal to one hundred percent (100%) of the construction costs under the
Construction Contract, and include correcting any defective or faulty work or materials which appear
within one (1) year after final completion of the Project. The 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 Grantee, or the Grantee through the General Contractor, shall ensure that the Bond(s) be recorded
in the public records and provide the 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 CRA with evidence satisfactory to the CRA, that
such excess risk has been protected in an acceptable manner.
The Grantee agrees that any collectable funds derived from a surety claim shall automatically pass
on and be transferred to the CRA within three (3) business days of receipt by the Grantee.
Page 10 of 15
25. DISPUTES. In the event of a dispute between the Executive Director of the CRA and the Grantee
as to the terms and conditions of this Agreement, the Executive Director of the CRA and the Grantee shall
proceed in good faith to resolve the dispute. If the parties are not able to resolve the dispute within thirty
(30) days of written notice to the other, the dispute shall be submitted to the CRA's Board of Commissioners
for resolution within ninety (90) days of the expiration of such thirty (30) day period or such longer period
as may be agreed to by the parties to this Agreement. The CRA Board of Commissioner's decision shall be
deemed fmal and binding on the parties, except such determination shall not limit Grantee's rights to seek
relief under Section 19 hereof.
26. 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 CRA and the Grantee relating to
the Agreement. Any promises, negotiations, or representations not expressly set forth in this Agreement
are of no force or effect. This Agreement shall not be modified in any manner except by an instrument in
writing executed by the parties. The masculine (or neuter) pronoun and the singular number shall include
the masculine, feminine and neuter genders and the singular and plural number. The word "including"
followed by any specific item(s) is deemed to refer to examples rather than to be words of limitation.
c. CONTRACTUAL INTERPRETATION. Should the provisions of this Agreement require
judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the
same shall not apply the assumption that the terms hereof shall be more strictly construed against one party
by reason of the rule of construction that an instrument is to be construed more strictly against the party
which itself or through its agents prepared same, it being agreed that the agents of both parties have equally
participated in the preparation of this Agreement.
d. COVENANTS. Each covenant, agreement, obligation, term, condition or other provision
herein contained shall be deemed and construed as a separate and independent covenant of the party bound
by, undertaking or making the same, not dependent on any other provision of this Agreement unless
otherwise expressly provided. All of the terms and conditions set forth in this Agreement shall apply
throughout the term of this Agreement unless otherwise expressly set forth herein.
e. CONFLICTING TERMS. In the event of conflict between the terms of this Agreement
and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern.
f. WAIVER. No waiver or breach of any provision of this Agreement shall constitute a
waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective
unless made in writing.
g. SEVERABILITY. Should any provision contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State
of Florida, then such provision shall be deemed modified to the extent necessary in order to conform with
such laws, or if not modifiable to conform with such laws, that same shall be deemed severable, and in
either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect.
Page 11 of 15
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.
27. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in
writing and signed by both parties.
28. DOCUMENT OWNERSHIP. Upon request by the CRA, all documents developed by the Grantee
shall be delivered to the CRA upon completion of this Agreement, and may be used by the 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 CRA to the
Grantee pursuant to this Agreement shall at all times remain the property of the CRA, and shall not be used
by the Grantee for any other purpose whatsoever, without the written consent of the CRA.
29. AWARD OF AGREEMENT. The Grantee warrants that it has not employed or retained any
person employed by the 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 CRA any fee, commission percentage, brokerage fee, or gift
of any kind contingent upon or resulting from the award of the Grant.
30. NON-DELEGABILITY. The obligations of the Grantee under this Agreement shall not be
delegated or assigned to any other party without the CRA's prior written consent which may be withheld
by the CRA, in its sole discretion.
31. CONSTRUCTION. This Agreement shall be construed and enforced in accordance with Florida
law.
32. TERMINATION. The 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 CRA, the CRA will be relieved of all obligations under this Agreement. Any invoices
not submitted to the CRA as of the date of termination, may be submitted to the CRA within three (3)
business days for review under Section 5 hereof. In no way shall the CRA be subjected to any liability or
exposure for the termination of this Agreement under this Section, except such determination shall not
limit Grantee's rights to seek relief under Section 21 hereof.
33. 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:
If to the CRA:
Southeast Overtown/Park West Community Redevelopment Agency
Attention: Cornelius Shiver, Executive Director
819 NW 2nd Avenue, 3rd Floor
Miami, Florida 33136
With a copy (which shall not constitute notice or service of process) to:
Page 12 of 15
Chanel H. Jefferson, Esq.
Southeast Overtown/Park West Community Redevelopment Agency
819 NW 2nd Avenue, 3rd Floor
Miami, Florida 33136
With a copy (which shall not constitute notice or service of process) to:
Brian Zeltsman
Southeast Overtown/Park West Community Redevelopment Agency
819 NW 2" Avenue, 3rd Floor
Miami, Florida 33136
If to the Owner:
Town Park Village No 1, Inc.
1680 NW 4th Avenue
Miami, Florida 33136
Attention: Dana Milson, President
With a copy (which shall not constitute notice or service of process) to:
Shahrzad Emami
Legal Services of Greater Miami, Inc.
4343 West Flagler Street
Ste. 100
Miami, Florida 33134
With a copy (which shall not constitute notice or service of process) to:
Anna -Bo Emmanuel
Legal Services of Greater Miami, Inc.
4343 West Flagler Street
Ste. 100
Miami, Florida 33134
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.
34. INDEPENDENT CONTRACTOR. The Grantee, the General Contractor, subcontractors,
employees, agents, and participants in the Project shall be deemed to be independent contractors, and not
agents or employees of the CRA, and shall not attain any rights or benefits under the civil service or
retirement/pension programs of the CRA, or any rights generally afforded its employees; further, they shall
not be deemed entitled to Florida Workers' Compensation benefits as employees of the CRA.
35. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and
their respective heirs, executors, legal representatives, successors, and assigns.
36. 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
Page 13 of 15
signatures of the parties shall be deemed to constitute original signatures, and facsimile or electronic copies
hereof shall be deemed to constitute duplicate originals.
37. 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 herein and made a part of this
Agreement.
[Remainder of page intentionally left blank]
Page 14 of 15
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 CRA and the Grantee have executed this Agreement.
ATTES
B
1 T.. d B. Hannon
erk of the Board
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By: Chanel Jeff(?fson (Oct 15, 2020 14:56 EDT)
Chanel H. Jefferson, Esq.
Staff Counsel
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY, a
public agency and body ,.1 'orate created pursuant to
Section 163.356, Florida
By:
Cornelius Shiv
Executive Dire
APPROVED AS TO INS
REQUIREMENTS:
Anne M. 'e S arpe
Directof of ' sk Management
WITNESSES: TOWN PARK VILLAGE, INC.,
a Florida corporation ("Grantee"):
Ai
By: Anna -Bo Emmanuel (Nov 3, 2020 10:43 EST)
Print: Anna -Bo Emmanuel
By: Rossemary Roncal Nov 3, 2020 10:51 EST)
Print: Rossemary Roncal
Bv:
Dana Mils , President
[Signature Page to Grant Agreement]
Page 15of15
EXHIBIT "A"
Description of Property
Street Address: 1680 N.W. 4TH AVENUE, MIAMI, FLORIDA 33136
Legal Description: Tract 4 of TOWNPARK SUBDIVISION 2, U.R. PROJECT FLA. R-10, PLAT
BOOK 85, PAGE 84, MIAMI-DADE COUNTY, FLORIDA
1
Exhibit "B"
Southeast Overtown/Park West
Community Redevelopment Agency
Legislation
CRA Resolution: CRA-R-19-0022
File Number: 6130
Final Action Date:6/27/2010
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
AUTHORIZING WAIVER OF THE COMPETITIVE BIDDING PROCESS AS NOT
BEING PRACTICABLE OR ADVANTAGEOUS TO THE SEOPW CRA;
AUTHORIZING SELECTION OF H.A. CONTRACTING CORP. TO PERFORM
THE REHABILITATION AND RENOVATION AT TOWN PARK VILLAGE NO. 1
FOR A TOTAL COST NOT TO EXCEED $18,000,000.00; AUTHORIZING THE
EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR
SAID PURPOSE; FURTHER 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; FUNDS TO BE DERIVED FROM THE
SALE OF BLOCK 55.
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 2009 Southeast Overtown/Park West Redevelopment Plan ("Plan"); and
WHEREAS, Florida Statutes, Section 163.335(6) of the Community Redevelopment Act found
and declared that there exists "... a severe shortage of housing affordable to residents of low or moderate
income, including the elderly... [and] such condition[s] affect the health, safety and welfare of the
residents ... and retards their growth and economic and social development ...."; and
WHEREAS, Section 2, Goal 3, at page 11 of the Plan lists "creating infill housing, diversity in
housing types, and retaining affordable housing" as a stated redevelopment goal; and
WHEREAS, Section 2, Principle 2 at page 14 of the Plan also provides that "the neighborhood
has to retain access to affordable housing even as the neighborhood becomes more desirable to
households with greater means" as a stated redevelopment principle; and
WHEREAS, Section 2, Principle 3, at page 14 of the Plan further provides that "there must be
variety in housing options" as a stated redevelopment principle; and
WHEREAS, Town Park Village No 1, Inc. ("TPV"), built in the early 1970's, is a low-income
HUD Cooperative housing complex located at 1680 NW 4th Avenue, Miami, Florida, 33136 (Reference
Folio #: 01-3136-067-0001), which consists of 147 apartment units and common facilities scattered
throughout nineteen (19), two-story buildings; and
WHEREAS, on October 31, 2016, pursuant to Resolution No. CRA-R-16-0051, the Board of
Commissioners accepted the SEOPW CRA recommendation and authorized the Executive Director to
enter into negotiations with Cazo Construction Corp. ("Cazo") for the renovation and rehabilitation at
TPV; and
City of Miami
Page 1 of 3 File ID: 6130 (Revision:) Printed On: 7/212019
File ID: 6130 Enactment Number: CRA-R-19.0022
WHEREAS, on May 22, 2017, pursuant to Resolution No. CRA-R-17-0031, the Board of
Commissioners authorized a grant to TPV in the amount of $570,000.00 to underwrite costs associated
with the performance of an assessment by Cazo to determine a total project cost to renovate and
rehabilitate TPV; and
WHEREAS, during the assessment process, Cazo submitted an estimated total project cost in
excess of $21,000,000. It is the SEOPW CRA's position that Cazo's total assessment of project costs
were excessive, and exceeded industry standards for the renovation and rehabilitation at TPV. As a result,
the SEOPW CRA determined that it was unable to negotiate a price with Cazo that was fair, reasonable,
and in the best interests of the SEOPW CRA. Thus, the SEOPW CRA formally terminated negotiations
with Cazo on April 25, 2019; and
WHEREAS, this rehabilitation project must commence immediately. Any further delays caused
by issuing another invitation to bid, and undergoing a selection, assessment and negotiation process
would prove detrimental to the residents of TPV; and
WHEREAS, given the time -sensitive nature of this project, it is not practicable nor advantageous
for SEOPW CRA to proceed in the competitive bidding process, and therefore the SEOPW CRA seeks to
waive the competitive bidding process; and
WHEREAS, the SEOPW CRA recommends the selection of H.A. Contracting Corp. ("HAC") to
perform the renovation and rehabilitation at TPV. HAC is the current general contractor for Town Park
Plaza South ("TPPS"), an adjacent affordable housing complex located at 1798 NW 7th that is
undergoing a full -gut rehabilitation; and
WHEREAS, HAC has assessed the costs of renovating and rehabilitating TPV, and has submitted
a guaranteed total project cost of $18,000,000, which includes relocation costs; and
WHEREAS, HAC is uniquely qualified to assume the TPV rehabilitation as HAC is already
mobilized and on -the -ground working on TPPS, and thus it will be cost and time -effective to expand
HAC's work -in -progress to TPV; and
WHEREAS, since the rehabilitation at TPPS also required the temporary relocation of its
residents, and is near completion, HAC has residential rental units currently available, through a long-
term leasehold, for the immediate relocation of TPV residents; and
WHEREAS, the Board of Commissioners wishes to authorize a waiver of the competitive bidding
process for renovation and rehabilitation at TPV; and
WHEREAS, the Board of Commissioners wishes to authorize the selection of HAC as the general
contractor to perform the renovation and rehabilitation at TPV; and
WHEREAS, the Board of Commissioners wishes to authorize funding for construction costs
associated with the renovation and rehabilitation at TPV in an amount not to exceed $18,000,000; and
WHEREAS, the Board of Commissioners wishes to authorize the derivation of funds from the
sale of Block 55, and allocation of those funds to TPV for construction costs associated with the
renovation and rehabilitation at TPV in an amount not to exceed $18,000,000.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF MIAMI, FLORIDA:
City of Miami Page 2 of 3 File ID: 6130 (Revision:) Printed on: 7/2/2019
File ID: 6130 Enactment Number: CRA-R-19-0022
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: The Board of Commissioners hereby authorizes a waiver of the competitive
bidding process for renovation and rehabilitation at Town Park Village No 1, Inc. ("TPV"), located at
1680 NW 4th Avenue, Miami, Florida 33136 (Reference Folio #: 01-3136-067-0001).
Section 3. The Board of Commissioners hereby authorizes selection of H.A. Contracting
Corp. as the general contractor to perform the renovation and rehabilitation project at TPV.
Section 4. The Board of Commissioners hereby authorizes funding for construction costs
associated with the renovation and rehabilitation at TPV in an amount not to exceed $18,000,000.
Section 5. The Board of Commissioners wishes to authorize the derivation of funds from
the sale of Block 55, and allocation of those funds to TPV for construction costs associated with the
renovation and rehabilitation of TPV in an amount not to exceed $18,000,000.
Section 6. The Executive Director is authorized to execute all documents necessary for said
purpose.
Section 7. The Executive Director is authorized to disburse funds, at his discretion, on a
reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation.
Section 8. Funds to be derived from the sale of Block 55.
Section 9. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Kier, Exaecutive Director 6/21/2019
City of Miami Page 3 of 3 File ID: 6130 (Revision:) Printed on: 7/2/2019
Exhibit "C"
Scope of Work
Town Park Village ("TPV") is a HUD Cooperative housing complex located at 1620 NW 4th Ave, Miami,
FL, and consists of 147 apartment units in 19, two-story and 3 story buildings that were built in the early
1970's. Town Park Village consists of CBS structure Apartment -style buildings and concrete wallcways that
lead to small parking lots for the residents. In general, the complex is in various states of disrepair as on-
going building maintenance may have been neglected over the years. Most of the vacant units are in
deplorable condition, requiring "full -gut" type rehabilitation. Underground water and sewer lines are assumed
to be serviceable on the property.
The scope of work to rehabilitate the property and the minimum standard of work are as follows:
Division 1- GENERAL CONDITIONS
• CM shall provide performance and payment bonds.
• CM shall provide the standard general conditions for the duration of the project.
• CM shall coordinate relocation efforts and logistics for unit owners during work of their units to
include accommodations within reasonable distance and comparable size to existing residences
along with all necessary moving and storage needs for residents.
• CM shall coordinate and ensure compliance with all insurance requirements set forth by the
CRA/City.
• CM shall apply for, obtain, coordinate and pay for all surveys, permits, inspections and tests.
• CM shall perform asbestos survey, lead -based paint survey, and mold inspection on each unit.
• CM shall be responsible for securing the construction site at all times.
• Contractor shall remove and legally dispose of all materials, tools, supplies, old furniture, debris,
drywall, baseboards, doors, cabinets, tiles, etc. from units.
• Contractor shall furnish and install all new A/C Units and associated electrical and plumbing work as
required by minimum code and permit requirements.
• Contractor shall perform all work associated with the removal and replacement of all materials
subjected to water contamination, including wood, drywall, insulation, metal plate tracks.
• Contractor shall upgrade all electrical and HVAC systems to meet minimum code requirements.
Note: Asbestos removal, lead paint removal, and mold remediation may be required depending on results of
surveys and inspections.
Demolition:
• All drywall shall be removed and replaced as needed
• All bathroom fixtures and fmishes shall be removed.
• All Kitchen fixtures, millwork and finishes shall be removed.
• All flooring shall be removed.
• All interior doors and frames shall be removed completely.
• Drywall, furring and insulation at exterior walls shall be removed and replaced as needed
Exhibit C- Page 1 of 5
Division 3 — CONCRETE
• Contractor shall patch and repair existing concrete damage on buildings.
• Repair existing concrete damage on exterior stair case and balcony.
• Install conc. pads for A/C condensers.
Division 4 — MASONRY
• Contractor shall repair all existing damaged masonry on exterior and interior walls.
• Repair stucco cracks, spalling, and damage on exterior walls.
• Install new concrete stucco veneer on entire building exterior.
Division 5 — METALS
• Contractor shall replace metal stair and balcony railings.
• Install heavy gauge metal cages around A/C condensers.
• Replacement of perimeter site fencing or Repair and Paint to "like new" condition.
• Install motorized gates at parking entries.
• New 42" High Aluminum Guardrail along 2nd floor exterior balconies.
• New 1-1/2" Dia. aluminum handrails on both sides of each stair.
• Dumpster enclosure fencing/gates required.
Division 6 — WOODS & PLASTIC
• Replace kitchen cabinets with plywood bases, granite countertops.
• Replace bathroom vanity with plywood base, granite countertops.
• Replace kitchen cabinets with solid wood cabinets (1/2" min.) with raised panel doors
• Replace countertops and sinks, faucets, strainers, hose plugs and repair water leaks
• Contractor to submit cut sheets of items and fixtures
• Contractor shall use non -formaldehyde glues in cabinets and vanities
• Replace any damaged wood framing, including at all bathroom walls.
• Replace damaged floor and roof joists, including under all bathroom/wet areas.
• Damaged portions of existing roof structure shall be replaced.
• 3/4" plywood wall backing shall be provided for wall cabinets and future grab bars in bathtubs and
restrooms per FHA/HUD requirements..
• Repair as needed damaged plywood floor and roof sheathing.
• Provide new interior furring and drywall at all exterior walls as needed
• Provide new wood handrails at interior stairs of dwelling units.
Division 7 —'THERMAL AND MOISTURE PROTECTION
• Contractor shall demolish existing roof and replace with metal clad roof. Also, install new seamless
gutters and downspouts and where applicable. (anticipated to be Phase 1)
Exhibit C- Page 2 of 5
• Install liquid applied waterproofing around all window and door openings that do not have overhang
or eyebrow.
• New insulation on interior side of all exterior walls (R-value as per FBC).
• New Batt insulation to be installed between roof joists/trusses (R-value as per FBC).
Division 8 — DOORS & WINDOWS
• Replace all interior doors.
• Replace knobs, doorstops and entry locks on bedroom and bathroom doors.
• Install marble window sills, and blinds at all windows.
• Replace closet doors and closet shelving with bi-fold wood louver doors
Division 9 — FINISHES
• Floor tile shall be 12" x 12" porcelain tile in kitchen, living & dining areas, bathrooms and bedrooms.
12" x 12" porcelain piles in bathrooms shall consider slip resistance.
• Interior semi -gloss paint shall be Semi -Gloss Interior Paint - Duration (Low VOC)
• Kitchen and bathroom shall be painted with 2 coats of semi -gloss paint.
• All woodwork including doors, trim, base boards, and railings shall be painted with 2 coats of semi-
gloss paint.
• All work associated with removal and replacement of all materials subjected to water contamination
or fire, including wood, drywall, insulation, metal plate tracks and studs must be replaced with new.
As needed.
• Provide new 4.25" high painted wood baseboards.
• New drywall throughout units. In high moisture areas such as bathrooms, moisture resistant drywall
(greenboard) shall be provided and Durock shall be provided in showers, tubs and behind all tile
areas. All demising walls shall be 1-hour fire rated.
• New 1/2" drywall ceilings throughout units.
• New ceramic wall tiles shall be installed in bath/shower areas.
• New granite countertops and backsplashes at kitchens and bathrooms. Backsplashes at kitchens to
be full -height.
Division 10 — SPECIALTIES
• Install fire extinguishers in all units as per fire code.
• New 6" high painted metal unit numbers shall be provided and installed.
• Replacement and redesign of community's site signage/signage walls.
• Install new Bathroom accessories; Medicine Cabinet, Towel bars, Soap dishes and Paper holders
• 2 rows of plastic coated wire shelving shall be provided in each closet.
Division 11— EQUIPMENT
• Replace appliances (Ranges and Refrigerators) with industry standard energy efficient 30" ranges and
18 cu. Ft. refrigerators. Finish of all appliances to be stainless steel.
• Provide new kitchen hoods.
Exhibit C- Page 3 of 5
Division 12 — FURNISHINGS
• N/A.
Division 13 — SPECIAL CONSTRUCTION
• N/A.
Division 14 — CONVEYING SYSTEM
• N/A.
Division 15 — MECHANICAL & PLUMBING
• Replace bathroom sinks, faucets, medicine cabinets, mirrors towel racks, toilet paper holders, light
fixtures, shower heads.
• Replace all bathtubs, faucets and shower heads (anti -scold), caulk bathtubs, tub strainers, stoppers and
replace shower curtain rods.
• Tubs shall be American Standard or Equal — Color White
• Faucets shall be AMERICAN STANDARD OR EQUAL Vanity Faucet - Chrome (Water Sense)
• Shower Valve Assembly shall be AMERICAN STANDARD OR EQUAL Shower Valve Assembly
- Chrome (Water Sense)
• Kitchen Faucet shall be AMERICAN STANDARD OR EQUAL Kitchen Faucet - Chrome (Water
Sense)
• Kitchen sink shall be AMERICAN STANDARD OR EQUAL Double Bowl Kitchen Sink Stainless
Steel
• All commodes shall be ADA accessible commodes - AMERICAN STANDARD OR EQUAL ADA
Commode — Color White
• Contractor to submit cut sheets of items and fixtures.
• Replace strainers, hose plugs and repair water leaks (contractor to submit cut sheets of items and
fixtures).
• Replace all equipment with Energy Star equipment.
• Replace all water heaters and drain pans with energy efficient water heaters Titan? or Equal.
• Replace all toilets and repair leak in all units.
• Replace vanity sinks and faucets and repair water leaks in all bathrooms.
• Replace air conditioning units, thermostats, components, vent covers and/or filters and make electrical
modifications per code.
• Install new Rheem Air Handler Unit — with heat kit (14 SEER minimum). Or equal.
• Install new Rheem Condensing Unit (14 SEER minimum). Or equal.
• Ductless HVAC System may be considered.
• Remove all Cast Iron Plumbing stacks, drain pipes, and replace with PVC.
• Provide new copper water supply lines within dwelling units.
• Submit cut sheets and Product Data on all appliances, equipment and devices.
• New exhaust fans shall be provided and installed in each kitchen and bathroom.
Exhibit C- Page 4 of 5
Division 16 — ELECTRICAL
• Completely replace and ground all electrical wiring, outlets, switches, plates, ceiling plates, light
fixtures, and electrical service panels.
• Replace light fixtures throughout units. Install energy efficient light bulbs.
• Replace or provide smoke detectors with interconnected hardwired detectors.
• Hardwired doorbells shall be provided at each unit.
• Power shall be provided for new exhaust fans and new water heaters.
• All units shall be wired for telephone / internet and cable.
• New hard -wired smoke alarms shall be provided at common area buildings or buildings with 11 or
more units as per NFPA/NEC.
• New exit signs as required by code to be provided.
Miscellaneous:
Note: The community's common elements will require complete rehabilitation consistent with the
rehabilitation indicated above for the individual units. This includes the following areas:
• Mailbox
• Trash Enclosures
Exhibit C- Page 5 of 5
Exhibit "D"
Budget
. '
H.A. Contracting Corp.
CGC 010703 - CUC 056875 - AA 26001486
9500 N.W. 12th Street, Suite 1, Miami, FL 33172
Phone: (305) 591-9212
Fax: (305) 591-9630
C2-ti--C-�
providing quality construction services
Project: Town Park Plaza VILLAGE
Architect: CAZO ARCHITECTURE
5/13/2019
Building Square Footage
135,000
CSI #
Description
$ amount
$ per SF
% of total
. 00000 GENERAL CONDITIONS :
$754,912.50
$5.59 ' .
moo : GENERAL REQUIRMENTS
' $752,606.25
$5.57
02000 ' SITEWORK AND DEMOLITION . `
$561,556.00
. • $4.16
03000 CONCRETE
$199,562.50
$1.48
04000 MASONRY
$0.00
$0.00
05000 METALS:
$105,018.80
$0.78
06000 .: ••.WOODS & PLASTICS :. ` ..;.
$876,684.50 .
$6.49 .:
07000. THERMAL & MOISTURE PROTECTION
$1,157,693.74 :
$8.58
08o00 . DOORS & WINDOWS: ::.
•$378,525.00
.. $2.80
09000 'FINISHES '': r:..:...:: ;::• : ....:` :' `:
', ,;.:. $5,053,692.87 :.
. .$37.43 :.:..
.:.:.
10000:::.':;'SPECIALTIES. :`:.. :......... ::: ::::: :;..`'
:.,..:.:; :' : • $195,663.95 _
$1.45....
:.::
`.. ... .
11000 .. 'EQUIPMENT >..: '..::.: : ::' .,,.r.:::: ` '
:..... $492,082.50
$3:65 :.` '.:
°.:::
12000 ::.FURNISHINGS ..'.: _,` .:
$0.00
$0.00.
13000 . SPECIAL.CONSTRUCTION:` :. ::.. - :..::'
. ,.::' $48,513.00
. $0.36 .
14000 . CONVEYING SYSTEMS -:..' .:..:.:., ' ;::. :..a.
: ... $0.00
: $0.00 • .
.15000 - MECHANICAL •: ; ::
• $3,179,610.00
$73.55
16000 ELECTRICAL :. , ,:.:::. .:.: _.: , ." :.° : .. ::,
:: ° ; ... $1,180,998.00 . .
. $8.75
DIRECT CONSTRUCTION COST
$14,937,119.61
$110.65
--------------------------
Tenant Relocation Allowance
$1,375,000.00
Insurance
$136,755.00
Overhead (2.5%)
$373,427.99
$2.77
Subtotal --------------- -----------------
$16,822,302.60
$124.61
Profit (7%)
$1,177,561.18
$8.72
Subtotal
$17,999,863.78
$133.33
$17,999,863.78
$133.33
9500 NW 12th Street, Bay 1, Miami, FL 33172 Phone (305) 591-9212 Fax (305) 591-9630
H.A. Contracting Corp.
-Will
CGC 010703 - CUC 056875 - AA 26001486
9500 N.W. 12th Street, Suite 1, Moult FL 33172
Phone: (305) 591-9212
Fax: (305) 591-9630
/ providing quality construction iervieee
Project: Town Park Plaza VILLAGE
Architect: CAZO ARCHITECTURE
5/13/2019
Deductive Allowance Potential VE Savings
1 Removal of Stucco Scope - Patch and Repair Only
2 Reduce Drywall Scope of Work- Identify Salavagable Areas
Total with deductive Allowances
Add Alternates
1 Site Work and Site Lighting Allowance
2 Performance and Payment Bond
3 Permit Allowance
($300,000.00)
($200,000.00)
$17,499,863.78
$175,000.00
$134,434.08
$200,000.00
9500 NW 72th Street, Bay 1, Miami, FL 33172 Phone (305) 591-9212 Fax (305) 591-9630
Exhibit "E"
Relocation Plan and Schedule
Town Park Village
Tenant Relocation Plan
The Relocation Plan is as follows:
1. DEFINITION(S):
a. Owner- Town Park Village
b. Unit Occupant- person(s) lawfully inhabiting Owner's unit as a registered tenant.
c. Design -Builder- H.A. Contracting Corp. located at 9500 NW 12 Street, Bay 1, Miami
Florida 33172
d. Funding Agency- Southwest Overtown/Park West Community Redevelopment Agency
located at 819 N.W. 2nd Avenue, Miami Florida 33136
2. GENERAL:
a. Unit Occupants will be relocated during the performance of rehabilitation work at Town
Park Village. Unit Occupants will be provided temporary housing or a voucher to select
their own temporary accommodations.
b. Design -Builder will incur specified costs associated moving, storage, and
accommodations.
c. Upon issuance of Certificates of Occupancy (TCO) by the City of Miami, Unit Occupants
will be moved back to their respective renovated unit.
3. COMMUNICATIONS
a. In preparation for the relocations, Design -Builder will coordinate with the Owner and
Funding Agency and will conduct group meetings with Unit Occupants to inform
them of the relocation plans. In these meetings, the Board and Unit Occupants will be
informed of the overall renovation plans and the overall relocation plans.
b. Each Unit Occupant will be given a packet of information that will include all
pertinent information regarding their relocation. Every attempt will be made to keep
the Unit Occupants informed and to answer any questions that they may have.
c. Design -Builder will contact and interview each Unit Occupant head of household to
discuss their needs, their preferences, their concerns, and to answer any questions
("Individual Assessment"). Design -Builder will document any pets possessed by
Unit Occupant's at the time of the Individual Assessment. Design -Builder will also
provide Unit Occupant with information about the Project and any benefits the Unit
Occupant may be eligible for- including the Voucher Program as defined herein
below. Design -Builder will keep a record of each Individual Assessment and make
the Individual Assessment record available to Owner for Owner's review upon
request.
d. Unit Occupants who require special assistance due to age, disability, or otherwise will be
identified during the Individual Assessment and will be provided individnali7ed assistance.
e. All residents will be provided written notices of their scheduled moving date and
time with ample time for preparation.
4. MOVING
a. Design -Builder will be using the services of the following moving company to move
all Unit Occupant out of their unit and Town Park Village and back to their unit at
Town Park Plaza South when the Design -Builder receives a T.C.O. for their unit.
Moving Company
Online Movers
10943 NW 122 St.
Miami, FL 33178
b. Design -Builder will be responsible for packing and moving costs that are scheduled
by the Design -Builder.
c. Packing assistance will be made available to the elderly and disabled Unit Occupants
if needed or requested. Each Unit Occupant will be given the option of receiving
packing assistance.
d. Unit Occupants will be provided reasonable packing supplies upon request.
5. UTILITY TRANSFERS
a. Design -Builder will cover the cost of deposits or transfer fees for the utilities (FPL &
WASA) at both the temporary unit and the return to the newly renovated unit. These
costs will be paid directly to the providing utility agency and attached to the Unit
Occupants account. These costs will not be paid on behalf of anyone that moves prior
to the coordination efforts of the Design -Builder or due to eviction for cause.
b. If the Unit Occupants do not have the financial resources to pay delinquent utility
bills that would hinder services being transferred to their temporary unit or back into
their newly renovated unit, Owner will have the services temporarily placed under
the Owner's name. The Owner will then resolve the issue with the Unit Occupant.
6. RELOCATION SERVICES
a. Relocation of the Unit Occupants will be performed in accordance with the
construction schedule.
b. Design -Builder will provide temporary housing for Unit Occupants for the entire period
Unit Occupant is displaced as a result of the Work. Design -Builder provided temporary
housing will accommodate all House -Pets lawfully possessed by Unit Occupants that were
identified at the time of the Individual Assessment. Design -Builder will attempt to
accommodate House -Pets identified during the Individual Assessment. Design -Builder
shall not be responsible for relocation of Exotic -Pets.
c. Design -Builder will provide temporary storage of Unit Occupant's belongings if necessary,
during Unit Occupant's displacement.
Temporary Housing Location
TBD
Estimated Monthly Rental
2 Bedroom 1 Bathroom $1500 per month
3 Bedroom 2 Bathroom $1600 per month
Storage Company
Mega Storage
8460 NW r Ave.
Miami, FL 33150
7. VOUCHERS
a. It is anticipated that Unit Occupants may prefer to find their own temporary
accommodations. As a result, Design -Builder may establish a "Voucher Program"
whereby Unit Occupants receive a monetary stipend in lieu of 'their temporary
accommodations.
b. The Voucher Program has established a "Voucher Amount" to be received by a Unit
Occupant who elects to utilize the Voucher Program. The Voucher Amount will be
set at $1,000.00 per unit per month for the duration the unit occupant will be
displaced.
c. If a Unit Occupant opts to utilize the Voucher Program the Unit Occupant shall be
responsible for locating their own temporary accommodations and the Design -
Builder will pay for the Unit Occupant moving expense and storage fees, if
necessary. Design -Builder shall have no obligation to pay Unit Occupant any
amounts over the Voucher Amount. The Voucher amounts are listed below:
Exclusions
• Medical/ ambulatory services are excluded from pricing
• Repairs to damages of the temporary rental unit, caused by Unit occupant are
excluded from pricing
**Include:
-Financial obligations at TPV remain the same
Exhibit "F"
Restrictive Covenant
Prepared by, and after recording return to:
Chanel H. Jefferson, Esq., Staff Counsel
Southeast Overtown/Park West Community Redevelopment Agency
819 NW 2nd Ave, 3rd Floor
Miami, Florida 33136
Tel: (305) 679-6800
Reserved for Recording
AFFORDABLE HOUSING RESTRICTIVE COVENANT
This Affordable Housing Restrictive Covenant (the "Covenant") is made and entered into as of
this 16th day of October, 2020 (the "Effective Date") by and between SOUTHEAST OVERTOWN/PARK
WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate pursuant to
the laws of the State of Florida (the "CRA") and TOWN PARK VILLAGE NO 1, INC., a Florida
Corporation (the "Owner").
RECITALS
A. WHEREAS, the Owner is the legal owner of the fee simple interest in and to that certain
property located at 1680 N.W. 4th Avenue, Miami, Florida 33136, known as Town Park Village, more
particularly described in Exhibit "A" (the "Property"), attached hereto and incorporated herein; and
B. WHEREAS, the Property is suffering from long-standing deferred maintenance, structural,
plumbing, and electrical problems and life safety issues and is contributing to slum and blight in the
Redevelopment Area, as hereinafter defined. A gut rehabilitation of the Property is necessary to bring the
Property into compliance with all applicable laws, provide quality affordable housing, and prevent and
eliminate slum and blight in the Redevelopment Area of the CRA; and
C. WHEREAS, the Owner is currently receiving Project based Section 8 Housing Assistance
Payments pursuant to a contract between the Owner and HUD, attached hereto and incorporated herein as
Exhibit "B" (the "HAP Contract"); and
D. WHEREAS, the Owner received a loan from the City of Miami, through their Community
Development Block Grant Disaster Relief Program funds, in which they are subject to a Rent Regulatory
Agreement dated May 23, 2011, and recorded in Official Records Book 27711 at Pages 4655-4663 of the
Public Records of Miami -Dade County, Florida, attached hereto and incorporated herein as Exhibit "C"
(the "Rent Regulatory Agreement"); and
E. WHEREAS on June 27, 2019, the Board of Commissioners (the `Board"), pursuant to
Resolution No. CRA-R-19-0022, attached hereto and incorporated herein as Exhibit "D", authorized a
grant, in an amount not to exceed Eighteen Million Dollars ($18,000,000), to the Owner for the renovation
and rehabilitation of 147 residential units at the Property, and relocation of its residents at the Property, to
provide affordable housing (the "Project"), subject to the availability of funds; and
F. WHEREAS, the Board further authorized the Executive Director of the CRA to execute all
documents necessary to effectuate Resolution No. CRA-R-19-0022; and
1
G. WHEREAS, pursuant to Resolution No. CRA-R-19-0022 reference is hereby made to that
certain Grant Agreement dated as of October 16, 2020 (the "Grant Agreement") entered into between the
Owner and the CRA that sets forth the terms and conditions of the funding of the Project, in a total amount
not to exceed Eighteen Million Dollars ($18,000,000) (the "Grant"); and
H. WHEREAS, as a condition of the Grant and the Grant Agreement, the Owner agrees to execute
this Covenant, which shall constitute a binding covenant running with the land in accordance with the terms
and conditions of this Covenant;
NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject
to the following restrictions that are intended and shall be deemed to be covenants running with the land
and binding upon the Owner of the Property, its successors in interest and assigns, and all occupants of the
Property as follows:
1. RECITALS. The Recitals and findings set forth in the preamble of this Covenant are true and
correct and incorporated herein by reference.
2. DEFINITIONS AND INTERPRETATION.
2.1 For the purposes of this Covenant, the capitalized terms used herein shall have the
meanings ascribed to them below and, unless the context clearly indicates otherwise, shall
include the plural as well as the singular.
"Affordability Period" means the period during which this Covenant shall remain in full force
and effect and shall be binding upon Owner, its successors in interest and assigns, beginning upon execution
of this Covenant and in effect for Twenty -Five (25) years following the issuance of a Certificate of
Occupancy (or its equivalent) by the City of Miami for the entire project, or such longer period of time if
all amounts due the CRA pursuant to Section 7 have not been paid.
"Affordability Requirement" means the requirement that One Hundred and Twenty -Seven (127)
of the Residential Units to be contained in the Project are to be allocated as follows: (i) Not less than
Twenty -Two (22) of the Residential Units shall be reserved for and occupied by Households with anAnnual
Household Income at or below Sixty Percent (60%) AMI ("Very Low -Income"); (ii) Not less than Seventy -
Five (75) of the Residential Units shall be occupied by Households with an Annual Household Income at
or below Eighty Percent (80%) AMI ("Low -Income Households"); and (iii) Thirty (30) Residential Units
shall remain HAP Contract Units. In the event the HAP Contract is cancelled, terminated or otherwise
expires, any Residential Unit previously subject to the HAP Contract shall convert to the Applicable Income
Limits of a Very Low -Income Household. The Seventy-Fi.'e (75) Residential Units occupied by Low -
Income Households shall not include nor be calculated to include the Twenty -Two (22) Residential Units
occupied by Very Low -Income Households, as the aforementioned Twenty -Two (22) Residential Units are
an entirely separate restriction and obligation. Thus, the Residential Unit mix subject to the Affordability
Requirements is as follows:
Very -Low Income Residential Units = 22
Low -Income Residential Units = 75
HAP Contract Units = 30
"AMI" shall mean the then applicable "area median income" for Miami -Dade County, Florida,
standard metropolitan statistical area, determined in a manner consistent with Section 42(g)(1) of the
Internal Revenue Code of 1986, including adjustment for family size as published annually by the U.S.
Department of Housing and Urban Development.
2
"Annual Household Income" means the aggregate annual income of a Household as determined
by using the standards set forth in 24 CFR § 5.609, as may be amended, or as otherwise set forth by the
CRA.
"Applicable Income Limit" means the applicable income limits set forth in the definition of "Very
Low -Income" and "Low -Income."
"Annual Report" has the meaning given in Section 7.
"Certificate of Continuing Program Compliance" means the certificate required to be delivered
by the Owner to the CRA pursuant to Section 7 of this Agreement.
"Income Certification" means a certification made by Owner that verifies that the Annual
Household Income of a potential and/or current Tenant or Member, as applicable, meets the Affordability
Requirements for an applicable Residential Unit and/or Restricted Unit, and meets the requirements of
Section 4 and Section 5, as applicable, in such form as the CRA approves.
"County" means Miami -Dade County, Florida, a political subdivision of the State of Florida.
"HAP" means project -based section 8 of the U.S. Housing Act of 1937 "housing assistance
payments" as defined by the U.S. Department of Housing and Urban Development Office of Housing.
"HAP Contract" means the contract for housing assistance payments between the HUD Contract
Administrator and the Owner.
"HAP Contract Unit" means the Thirty (30) Residential Units in the Project which are subject to
housing assistance payments contract between the HUD Contract Administrator and the Owner.
"Household" means all persons who will occupy the Residential Unit including all persons over
eighteen (18) years of age whose names will appear on the occupancy agreement of the Member or Tenant
as applicable, spouse or domestic partner and children under Eighteen (18) years of age. A Household may
be a single family, One (1) person living alone, Two (2) or more families living together, or any other group
of related or unrelated persons who share living arrangements as allowable by this Covenant.
"HUD" means the United States Department of Housing and Urban Development or any successor
agency.
"Low -Income" means one or more natural persons or a family, whose annual income does not
exceed Eighty Percent (80%) of the AMI, adjusted for family size.
"Manager" means the Owner or any agent hired by or on behalf of the Owner to operate and
manage the Residential Units.
"Member" means the owner and holder of a Membership Certificate for specified shares of the
common capital stock of Owner at Property.
"Occupancy Agreement" means the agreements between Owner and a Member or Tenant which
authorize the Member or Tenant to occupy a Residential Unit.
3
"Occupant" means a person occupying or seeking to occupy a Residential Unit, including a
Member, Tenant, or person residing within the household of a Member (over the age of 17).
"Project" has the meaning ascribed to said term in the Recital.
"Rent Regulatory Agreement" means the Rent Regulatory Agreement entered into between the
Owner and the City of Miami which resulted from Owner borrowing $542,000 from the City of Miami
dated May 23, 2011 and recorded in Official Records Book 27711 at Pages 4655-4663 of the Public
Records of Miami -Dade County, Florida, attached hereto as Exhibit "C" (the "Rent Regulatory
Agreement").
"Residential Unit" means an individual residential unit of the 147 residential units within the
Property which are part of the Project.
"Restricted Unit" means the One Hundred and Twenty -Seven (127) Residential Units that are
subject to the Affordability Requirement.
"State" means the State of Florida.
"Tenant" means a non -Member occupant of a Residential Unit that is also not a Household
Member of a Member residing in a Residential Unit.
"Very Low -Income" means one or more natural persons or a family, whose annual income does
not exceed Sixty Percent (60%) of the AMI, adjusted for family size.
2.2 Unless the context clearly requires otherwise, as used in this Covenant, words of the
masculine, feminine or neuter gender shall be construed to include any other gender when
appropriate and words of the singular number shall be construed to include the plural
number, and vice versa, when appropriate..This Covenant and all the terms and provisions
hereof shall be construed to effectuate the purposes set forth herein and to sustain the
validity hereof.
2.3 The titles and headings of the sections of this Covenant have been inserted for convenience
of reference only, and are not to be considered a part hereof and shall not in any way modify
or restrict any of the terms or provisions hereof or be considered or given any effect in
construing this Covenant or any provisions hereof or in ascertaining intent, if any question
of intent shall arise.
3. RESIDENTIAL UNITS. The Owner hereby represents, covenants, warrants and agrees
that during the Affordability Period:
3.1 The Owner will operate the Property as a multifamily residential property in accordance
with this Covenant and the Grant Agreement.
3.2 The Occupancy Agreements shall be amended to reflect the terms of this Covenant, and
shall not be further amended or modified to the extent to which it causes the affordability
provisions, and compliance therewith, to be affected in any manner whatsoever during the
Affordability Period.
3.3 None of the Residential Units will at any time be (1) utilized on a transient basis, (2) used
4
as a hotel, motel, dormitory, fraternity or sorority house, rooming house, nursing home,
hospital, sanitarium, rest home, trailer court or park, or (3) rented for initial lease periods
of less than six months.
4. OCCUPANCY REQUIREMENTS. Owner hereby represents, warrants and covenants as
follows:
4.1 Subject to Section 4.4, at all times during the Affordability Period, not less than Twenty -
Two (22) of the Residential Units shall be occupied by Very Low -Income Households, and
not less than Seventy -Five (75) of the Residential Units shall be occupied by Low -Income
Households. Thirty (30) Residential Units are to remain HAP Contract Units and are not
subject to this provision while under the HAP Contract. The remaining Twenty (20)
Residential Units are not subject to any Affordability Requirements.
4.1.1 The Seventy -Five (75) Residential Units occupied by Low -Income Households
shall not include nor be calculated to include the Twenty -Two (22) Residential
Units occupied by Very Low -Income Households, as the aforementioned Twenty -
Two (22) Residential Units are an entirely separate restriction and obligation.
4.1.2 In the event the HAP Contract is cancelled, terminated, or otherwise expires, any
Residential Unit previously subject to the HAP Contract shall convert to the
Applicable Income Limits of Residential Units occupied by Very Low -Income
Household as defined herein, and shall constitute a restriction and obligation
separate and apart from the Twenty -Two (22) Residential Units reserved for and
occupied by Very Low -Income Households, as described in section 4.1.
4.2 To occupy or reside in a Residential Unit, an Occupancy Agreement, amended to reflect
the terms and conditions of this Covenant and the Grant Agreement, must be executed by
the Member or Tenant seeking to occupy the Residential Unit in advance of the occupancy.
4.3 The requirements of this Section 4 are separate and apart from any requirement imposed
by the HAP Contract and the Regulatory Agreement.
4.4 Any Member or Tenant occupying the Residential Unit as of the Effective Date whose
Household Income does not meet criteria of Very Low -Income or Low -Income shall be
permitted to continue residing in their respective Residential Unit for the remainder of the
occupancy year. If said Member or Tenant ceases to occupy their respective Residential
Unit, then the leasing, rental, or occupancy of that unit shall be in accordance to the terms
and conditions of this Covenant including Applicable Income Limits and Affordability
Requirements.
4.5 Neither Member nor Tenant shall sublease any portion of its Residential Unit or assign its
lease to any other individual or family, and Owner shall not knowingly allow such
Residential Unit to be subleased, except with the CRA's prior written consent, in the
CRA's sole and absolute discretion. Such an occurrence remains subject to Section 4 and
all other terms and conditions of this Covenant. Notwithstanding the foregoing, Section 9
of Owner's Bylaws, attached hereto as "Exhibit E" ("Owner's Bylaws") shall remain in
full force and effect, and nothing in this Covenant shall be interpreted to be in contradiction.
4.6 By executing an Occupancy Agreement for a Residential Unit, each Tenant and Member
shall be deemed to represent and warrant to the CRA and Owner, each of whom may rely
5
thereon, that it meets, and will continue to meet, all eligibility requirements, Applicable
Income Limits, and Affordability Requirements as contained in this Covenant for the
occupancy of a Residential Unit.
4.7 By executing an Occupancy Agreement for a Residential Unit, Owner and/or its Manager,
shall be deemed to represent and warrant to the CRA which may rely on the following,
that: (i) the Household is determined to be qualified as either "Very Low -Income" or "Low -
Income" by the Owner and/or its Manager.
5. INCOME CERTIFICATIONS
5.1 Income Certifications in the form attached hereto as Exhibit "F" shall be obtained from
each occupant (i) no less than Fourteen (14) days prior to the time of initial occupancy of
such unit by such occupant, and (ii) no less frequently than once each calendar year
thereafter.
5.2 The Owner shall file with the CRA, on or before the thirtieth day after the end of each
calendar quarter (and if such day falls on a weekend or holiday, submission must be made
the first business day after), copies of the Income Certifications specified in Section 5.1
hereof obtained by the Owner during the previous calendar quarter.
5.3 The Owner shall maintain complete and accurate records pertaining to the incomes of (as
of the date of initial occupancy of each Occupant and annually thereafter) and rentals
charged to Occupants residing in the Residential Units and shall permit during normal
business hours and upon Five (5) business days' notice to the Owner, any duly authorized
representative of the CRA to inspect the books and records of the Owner pertaining to the
incomes of and rentals charged to all Occupants residing in the Residential Units. Such
inspection shall occur at the Property or another location in the County where Owner
maintains such records.
6. SALE, LEASE, OR TRANSFER OF RESIDENTIAL UNITS.
6.1 Any transfer of any occupancy rights to any Residential Unit must be in accordance with
Section 9 of Owner's Bylaws.
7. ANNUAL REPORTING REQUIREMENTS. During the Affordability Period, on each
anniversary date of the Effective Date of this Covenant, Owner shall furnish, or cause to be
furnished, a certification evidencing compliance or non-compliance with the provisions of Section
4 of this Covenant ("Certificate of Continuing Program Compliance") to the CRA during the
prior calendar year. During, and on the same, Owner shall also furnish, or cause to be furnished, an
annual report (the "Annual Report") to the CRA regarding the Residential Units. The Annual
Report shall include the following:
7.1 The number and identification of the Residential Units, by bedroom count, that are
occupied;
7.2 The number and identification of the Residential Units, by bedroom count, that are
vacant;
6
7.3 For each Residential Unit that is vacant or that was vacant for a portion of the reporting
period, the manner in which the Residential Unit became vacant (e.g. eviction or
voluntary departure) and the progress in re -occupying that unit;
7.4 For each occupied Residential Unit, the names and ages of all persons in the Household,
the Household size, date of initial occupancy, and total Annual Household Income as of
the date of the most recent Income Certification;
7.5 A sworn statement that, to the best of Owner's information and knowledge, the
Household occupying each Residential Unit meets the eligibility criteria of this
Covenant;
7.6 A copy of each new or revised Income Certification for each Household renting a
Residential Unit;
7.7 A copy of all forms, policies, procedures, and other documents reasonably requested by
the CRA related to the Residential Units;
7.8 Rent rolls for the Residential Units and a Certificate of Continuing Program Compliance
in the form attached hereto as Exhibit "G", executed by the Owner;
7.9 In the event that the Owner fails to submit to the CRA all of the items which the Owner is
required to submit under Section 5 and Section 7 of this Covenant, on or before the date
required, and if such failure is not cured by Owner within Thirty (30) days of written notice
from the CRA, Owner shall pay the CRA a late fee in the amount of One Hundred Dollars
($100.00) per day for each day from the end of the cure period until such item is delivered
to the CRA, which amount shall be payable within Ten (10) business days of written
notification from the CRA of the amount of such late fee. The failure of Owner to remit
the amount due under this Section 7 shall be a default by Owner under this Covenant, after
the CRA has provided Owner with notice and all cure periods have expired.
8. OCCUPANCY AGREEMENT REQUIREMENTS. Owner hereby represents, warrants and
covenants as follows:
8.1 Occupancy Agreements have been amended to reflect the terms, conditions, and
restrictions set forth in this Covenant. Copies of the amended Occupancy Agreements shall
be provided to the CRA within Ten (10) days of execution of this Covenant.
8.2 Occupancy Agreements shall not be further amended as long as this Covenant is in full
force and effect.
8.3 In addition to Sections 2, 3, 4, 5, 6, and 7 of this Covenant, Occupancy Agreements shall
contain clauses, among others, wherein each individual occupant:
8.3.1 Certifies the accuracy of the statements made in the Income Certification;
8.3.2 Agrees that the family income, family composition and other eligibility requirements
shall be deemed substantial and material obligations of such occupancy; that such
occupant will comply promptly with all requests for information with respect thereto
from the Owner or the CRA, and that such occupant's failure to provide accurate
information in the Income Certification or refusal to comply with a request for
7
information with respect thereto shall be deemed a violation of a substantial obligation
of such Occupant's occupancy; and
8.3.3 Agrees not to sublease to any person or family who does not execute, and deliver to
the Owner, an Income Certification; and
8.3.4 Agrees to relocate within Thirty (30) days of receipt of a written Notice by Owner that
renovation and rehabilitation of the Property is due to commence. Failure to do so will
result in termination of the Tenant's and/or Member's occupancy.
8.4 Any occupant of a Residential Unit who is Eighteen (18) years or older shall be a party to
the Occupancy Agreement.
8.5 The Occupancy Agreement of a Residential Unit shall only be effective if a Certification
of Income is attached as an exhibit to the occupancy agreement. Failure to attach the
foregoing shall render the lease null and void ab initio.
8.6 Owner shall maintain or cause to be maintained copies of all initial and renewal
Occupancy Agreements executed with Members or Tenants for a period of no less than
Five (5) years from the expiration or termination of such agreement.
9. COVENANTS TO RUN WITH THE LAND. The Owner agrees to strictly comply with
the terms and conditions set forth in this Covenant. This Covenant shall be deemed covenants running with
the land and, during the term of this Covenant and be binding upon the Owner's assigns and successors and
all subsequent owners of the Property, and/or occupants of the Residential Unit; provided, however, that
upon the termination of this Covenant in accordance with the terms hereof this Covenant shall be of no
further force or effect. Each and every contract, deed or other instrument hereafter executed covering or
conveying the Residential Units or any portion thereof or interest therein shall be bound by the terms of
this Covenant.
10. TERM. This Covenant shall remain in full force and effect during the Affordability Period.
After the expiration of the Affordability Period, this Covenant shall lapse and be of no further force and
effect, except to the extent there are any funds currently due from Owner to CRA.
11. BURDEN AND BENEFIT. The CRA and the Owner hereby declare their understanding
and intent that the burden of the covenants set forth herein touch and concern the Residential Units and run
with the Residential Units.
12. CRA GOALS. The CRA and the Owner hereby further declare their understanding and
intent that the benefit of such covenants set forth herein touch and concern the Residential Units by
enhancing and increasing the enjoyment, use, affordability, and occupancy of the Residential Units by Low -
Income and Very Low -Income Occupants the intended beneficiaries of such covenants, reservations and
restrictions, and by furthering the public purposes contemplated by Resolution No. CRA-R-19-0022 and
the CRA's 2009 Redevelopment Plan. The Owner hereby expressly acknowledges that this Covenant is
necessary to accomplish the CRA's public purpose and covenants and agrees that in connection with the
rehabilitation, ownership and operation of the Residential Units, it shall comply with all terms and
conditions of this Covenant.
13. FAIR HOUSING LAWS. The Owner will comply with all fair applicable housing laws,
rules, regulations or orders applicable to the Project and shall not violate any applicable laws related to
discrimination on the basis of race, creed, color, sex, age or national origin in the lease, use or occupancy
of the Project or in connection with the employment or application for employment of persons for the
8
operation and management of the Project. All advertising and promotional material used in connection with
the Project shall contain the phrase "Fair Housing Opportunity."
14. REMEDIES FOR NONCOMPLIANCE. Noncompliance with the provisions of this
Covenant, unless otherwise specified, shall result in the CRA seeking specific performance of Owner's
obligations hereunder compelling Owner to comply with the terms and conditions of this Covenant. Owner
shall be liable for attorney's fees and costs associated with the CRA seeking such relief. The CRA shall
also reserve the right to exercise any legal remedies available to it under the law.
15. DEFAULT. The failure of Owner to comply with any aspect of this Covenant which is not
cured within Thirty (30) days of written notice from the CRA shall constitute a default under this Covenant.
Upon the occurrence of a default under this Covenant, the CRA may pursue all remedies available to enforce
this Covenant including specific performance and the Owner shall be liable for all costs and fees incurred
including reasonable attorney's fees associated with the CRA seeking relief.
16. REMEDIES; ENFORCEABILITY. The benefits of this Covenant shall inure to, and
may be enforced by the CRA and its successors and assigns. If a material violation of any of the provisions
hereof occurs or is attempted, the 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 except set forth in Section 7 of this Covenant the 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.
17. FILING. Upon execution and delivery by the parties hereto, the Owner shall cause this
Covenant 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 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 CRA may cause such document(s) to be filed.
18. GOVERNING LAW. This Covenant shall be governed by the laws of the State of
Florida.
19. AMENDMENTS. This Covenant shall not be amended, revised, or terminated 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.
20. 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:
If to the CRA:
Southeast Overtown/Park West Community Redevelopment Agency
Attention: Cornelius Shiver, Executive Director
819 NW 2nd Avenue, 3rd Floor
Miami, Florida 33136
9
With a copy (which shall not constitute notice or service of process) to:
Chanel H. Jefferson, Esq.
Southeast Overtown/Park West Community Redevelopment Agency
819 NW 2nd Avenue, 3rd Floor
Miami, Florida 33136
With a copy (which shall not constitute notice or service of process) to:
William Bloom, Esq.
Holland & Knight
Suite 3300
701 Brickell Avenue
Miami, FL 33131
If to the Owner:
Town Park Village No 1, Inc.
1680 NW 4th Avenue
Miami, Florida 33136
Attention: Dana Milson, President
With a copy (which shall not constitute notice or service of process) to:
Shahrzad Emami, Esq.
Legal Services of Greater Miami, Inc.
4343 West Flagler Street, Ste. 100
Miami, Florida 33134
With a copy (which shall not constitute notice or service of process) to:
Anna -Bo Emmanuel, Esq.
Legal Services of Greater Miami, Inc.
4343 West Flagler Street, Ste. 100
Miami, Florida 33134
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.
21. AMENDMENT AND MODIFICATIONS. This Covenant may be modified, amended
or released as to any portion of the Property by a written instrument executed on behalf of the CRA and by
the then -owner of the fee simple title to the land to be affected by such modification, amendment, or release,
provided that same has been approved by the Board of Commissioners of the CRA. Should this instrument
be so modified, amended or released the CRA's Executive Director, or his successor, or other administrative
officer with jurisdiction over the matter, shall execute a written instrument in recordable form effectuating
and acknowledging such modification, amendment or release.
22. INSPECTION AND ENFORCEMENT. The Owner covenants and agrees that any
designated representative of the CRA shall have the right any time during normal business hours to enter
and investigate the use of the Property 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
10
violate any terms in this Covenant. The CRA, if a prevailing party to 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.
23. SEVERABILITY. If any provision hereof 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.
24. MULTIPLE COUNTERPARTS. This Covenant 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.
25. NO THIRD -PARTY BENEFICIARIES. The provisions of this Covenant are and will
be for the benefit of Owner and CRA only and are not for the benefit of any third party, and accordingly,
no third party shall have the right to enforce the provisions of this Covenant.
26. ENTIRE AGREEMENT. This Covenant constitutes the entire agreement and
understanding between the parties with respect to the subject matter hereof, superseding and/or
incorporating all prior or contemporaneous oral or written agreements and there are no other agreements,
representations or warranties with respect to the subject matter hereof other than as set forth herein.
[Remainder of page intentionally left blank]
11
IN WITNESS hereof the parties have executed this Covenant as of the date first above written.
WITNESSES: OWNER:
By: By:
Print:
By:
Print:
STATE OF FLORIDA
) SS
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me, by physical presence, this _ day of
2020, by who is personally known ( ) or produced
identification ( ) typeof identification produced
Print or Stamp Name:
Notary Public, State of
Commission No.:
My Commission Expires:
[Signature page of Affordable Housing Covenant]
12
WITNESSES:
By:
Print:
By:
Print:
STATE OF FLORIDA
COUNTY OF MIANII-DADE
)
) SS
)
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT
AGENCY, a public agency and body corporate
created pursuant to Section 163.356, Florida
Statutes
By:
Cornelius Shiver
Executive Director
The foregoing instrument was acknowledged before me, by physical presence, this _ day of
2020, by Cornelius Shiver, who is personally known ( ) or produced identification ( ) type of
identification produced
Print or Stamp Name:
Notary Public, State of
Commission No.:
My Commission Expires:
LSignature page of Affordable Housing Covenant]
13
Exhibit "G"
Insurance Requirements
INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE - GRANTEE
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 and SEOPW CRA listed as an additional insured
Primary Insurance Clause Endorsement
Premises and Operations Liability
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 and SEOPW CRA listed as an additional insured
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
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 FOR A CERTIFICATE OF INSURANCE -
CONSTRUCTION REQUIREMENTS TOWN PARK VILLAGE NO 1
I. Commercial General Liability
C. 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
D. Endorsements Required
City of Miami and SEOPW CRA listed as an additional insured
Contingent and Contractual Liability
Premises and Operations Liability
Explosion, Collapse and Underground Hazard
Primary Insurance Clause Endorsement
Completed Operations for three years following project completion
Waiver of Subrogation
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 and SEOPW CRA listed as an additional insured
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
Employer's Liability
B. 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 (Excess Follow Form)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 9,000,000
Aggregate $ 9,000,000
City of Miami & SEOPW CRA listed as an additional insured. Coverage is excess
follow form over the general liability and auto policies.
V. Payment and Performance Bond
City & SEOPW CRA listed as obliges
VI. Builders' Risk
$TBA
Causes of Loss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost
Deductible: $10,000 All other Perils
5% maximum on Wind/Hail and Flood
City of Miami & SEOPW CRA listed as loss payees
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer not less than (30) days prior to any such cancellation or
material change, or in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than "Class
V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by
A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or
certificates of insurance are subject to review and verification by Risk Management prior
to insurance approval.
Exhibit "H"
Payment and Performance Bond Forms
CONDITIONAL PAYMENT BOND
BY THIS BOND, We , as Principal (hereinafter referred to
as "Contractor", and , as Surety (hereinafter referred to as "Surety"),
are bound to the Town Park Village No 1. (hereinafter referred to as "Obligee"), in the amount of
Dollars ($ ) for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally.
WHEREAS, the Contractor has entered into a contract with the Obligee, dated the day of
20 , for general construction and renovation of the Town Park Village
No 1 complex including the interior and exterior renovation of 147 apartments units and the renovation
of the common facilities throughout 19 two-story and three-story buildings locate at 1680 N.W. 4th
Avenue, Miami, Florida 33136. (hereinafter the "Contract");
THE CONDITION OF THIS BOND is that if Contractor promptly makes payments to all Lienors
as defined by section 713.01(18), Florida Statutes, for all labor, materials and supplies used directly or
indirectly by Contractor to improve' the real property that is the subject of the Contract then this bond
is void; otherwise, it shall remain in full force and effect subject, however, to the following conditions:
THIS BOND ONLY COVERS CLAIMS OF SUBCONTRACTORS, SUB -SUBCONTRACTORS,
SUPPLIERS, AND LABORERS TO THE EXTENT THE CONTRACTOR HAS BEEN PAID FOR
THE LABOR, SERVICES, OR MATERIALS PROVIDED BY SUCH PERSONS. THIS BOND DOES
NOT PRECLUDE YOU FROM SERVING A NOTICE TO OWNER OR FILING A CLAIM OF LIEN
ON THIS PROJECT.
Any action instituted by a claimant under this bond for payment must be in accordance with the notice
and time limitation provisions in section 713.245(2), Florida Statutes.
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
Signed and Sealed in the Presence of:
By: (SEAL)
[Corporate Title]
1 "improve" shall have the definition found in section 713.01(14), Florida Statutes
(Principal Place of Business Address)
Signed and Sealed in the Presence of: [Name of SURETY]
[Attorney -in -Fact for SURETY]
By:
(Principal Place of Business Address)
[Name of PRINCIPAL]
Note: Power of attorney and certification of authority for issuance and current status thereof for
Attorney -in -Fact and for surety company must be attached.
Surety must be licensed to transact business in the State of Florida.
DUAL OBLIGEE RIDER
(Payment Bond)
To be attached to and form part of Payment Bond No. , executed concurrently with
this rider, it is agreed that:
Surety and
Principal, for valuable
consideration, hereby agree that the Payment Bond executed in favor of the SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, 819 N.W. 2nd Avenue, 3rd
Floor, Miami, FL 33136, Obligee, in connection with a contract for:
which bond and contract are made a part of hereof by reference, shall now include as an additional Obligee:
THE CITY OF MIAMI (Dual Obligee), 444 S.W. 2nd Avenue, Miami, FL 33130.
In no event shall the Surety or Principal be liable in the aggregate for more than the penal sum of its
Payment Bond, nor shall either be liable except for a single payment for each single breach or default. At
the Surety's election, any payment due to either Obligee may be made by its check issued jointly to both.
WITNESS the following signatures and seals this of 20 .
Attest:
Attest:
Attest:
By:
By:
By:
By:
(Surety)
(Principal)
(Obligee)
(Dual Obligee)
PERFORMANCE BOND
BY THIS BOND, We , as Principal
(hereinafter referred to as "Contractor"), and , as Surety (hereinafter
referred to as "Surety"), are bound to the Town Park Village No 1. (hereinafter referred to as
"Obligee"), 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, the Contractor has entered into a contract with the Obligee, dated the day of , 20 ,
for general construction and renovation of the Town Park Village No 1 complex including the interior and
exterior renovation of 147 apartments units and the renovation of the common facilities throughout 19 two-
story and three-story buildings locate at 1680 N.W. 4th Avenue, Miami, Florida 33136. (hereinafter the
"Contract"):
NOW THEREFORE, The Contractor and Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors and assigns to the Owner for the performance of the Contract.
§ 1. If the Contractor performs the Contract, then the Surety and the Contractor shall have no
obligation under this Bond except when applicable to participate in a conference as provided in Section 2.
§ 2 If there is no Owner Default under the Construction Contract, the Surety's and Contractor's
obligations under this Bond shall arise after:
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering
declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference
among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not
request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request
such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees
otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the
Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall
be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the
Owner's right, if any, subsequently to declare a Contractor Default;
.2 the Owner declares a Contractor Default, terminates the Contract and notifies the Surety; and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of
the Contract to the Surety or to a contractor selected to perform the Construction Contract.
§ 3 Failure on the part of the Owner to comply with the notice requirement in Section 2.1 shall not
constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from
its obligations, except to the extent the Surety demonstrates actual prejudice.
§ 4 When the Owner has satisfied the conditions of Section 2, the Surety shall promptly and at the
Surety's expense take one of the following actions:
§ 4.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the
Construction Contract;
§ 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or
independent contractors;
§ 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a
contract for performance and completion of the Construction Contract, arrange for a contract to be prepared
for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with
performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of
the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or
§ 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and
with reasonable promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon
as practicable after the amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§ 5 If the Surety does not proceed as provided in Section 4 with reasonable promptness, the Surety
shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the
Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall
be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 4.4,
and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further
notice the Owner shall be entitled to enforce any remedy available to the Owner.
§ 6 If the Surety elects to act under Section 4.1, 4.2 or 4.3, then the responsibilities of the Surety to
the Owner shall not be greater than those of the Contractor under the Construction Contract, and the
responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction
Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is
obligated, without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default,
and resulting from the actions or failure to act of the Surety under Section 4; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract,
actual damages caused by delayed performance or non-performance of the Contractor.
§ 7 If the Surety elects to act under Section 4.1, 4.3 or 4.4, the Surety's liability is limited to the
amount of this Bond.
§ 8 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are
unrelated to the construction obligations of the Contract, and the Balance of the Contract Price shall not be
reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond
to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns.
§ 9 The Surety hereby waives notice of any change, including changes of time, to the Contract or to
related subcontracts, purchase orders and other obligations.
§ 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address
shown on the page on which their signature appears.
§ 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the
location where the construction was to be performed, any provision in this Bond conflicting with said statutory
or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other
legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall
be construed as a statutory bond and not as a common law bond.
§ 12 Defnutions:
§ 12.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under
the Construction Contract after all proper adjustments have been made, including allowance to the Contractor
of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages
to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the
Contractor under the Construction Contract.
§ 12.2 Construction Contract. The agreement between the Owner and Contractor identified on the
cover page, including all Contract Documents and changes made to the agreement and the Contract
Documents.
§ 12.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to
perform or otherwise to comply with a material term of the Construction Contract.
§ 12.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the
Contractor as required under the Construction Contract or to perform and complete or comply with the other
material terms of the Construction Contract.
§ 12.5 Contract Documents. All the documents that comprise the agreement between the Owner and
Contractor.
§ 12.6 Owner. Town Park Village No 1, Inc.
§ 13 The Surety's and Contractor's liability of this Bond shall not extend to (i) extra -contractual
liability; (ii) design liability; (iii) professional services not within the scope of Contractor's construction
license; or (iv) consequential damages including, without limitation, loss of use, loss of income, loss of
funding, loss of use of funds, and all other consequential damages under Florida law.
[Balance of this page intentionally left blank.]
IN WITNESS WHEREOF, the PRINCIPAL and the SURETY have hereunto affixed their
corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -
fact, this day of , 20_ .
Signed and Sealed in the Presence of: [Name of PRINCIPAL]
[Corporate Title]
(Principal Place of Business Address)
Signed and Sealed in the Presence of:
[Attorney -in -Fact for SURETY]
(Principal Place of Business Address)
By: (SEAL)
[Name of SURETY]
By:
Note: Power of attorney and certification of authority for issuance and current status thereof for
Attorney -in -Fact and for surety company must be attached.
Surety must be licensed to transact business in the State of Florida.
DUAL OBLIGEE RIDER
(Performance Bond)
To be attached to and form part of Performance Bond No. , executed concurrently
with this rider, it is agreed that:
, Surety and
, Principal, for valuable
consideration, hereby agree that the Performance Bond executed in favor of the SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, 819 N.W. 2nd Avenue, 3rd
Floor, Miami, FL 33136, Obligee, in connection with a contract for:
which bond and contract are made a part of hereof by reference, shall now include as an additional Obligee:
THE CITY OF NIIAMI (Dual Obligee), 444 S.W. 2nd Avenue, Miami, FL 33130.
The Surety and Principal shall not be liable under this bond to the Obligees, or either of them, unless the
said Obligees, or either of them, shall make payments to the Principal or to the Surety in accordance with
the terms of the contract, in case the Surety arranges for the completion of the contract upon default of the
Principal, strictly in accordance with the terms of said contract as to payments, and shall perform all the other
obligations to be performed under said contract at the time and in the manner therein set forth.
In no event shall the Surety or P r i n c i p a 1 be liable in the aggregate for more than the penal sum of its
Performance Bond, not shall either be liable except for a single payment for each single breach or default. At
the Surety's election, any payment due to either Obligee may be made by its check issued jointly to both.
WITNESS the following signatures and seals this of 20 .
Attest:
Attest:
Attest:
By:
By:
By:
By:
(Surety)
(Principal)
(Obligee)
(Dual Obligee)