HomeMy WebLinkAbout23390AGREEMENT INFORMATION
AGREEMENT NUMBER
23390
NAME/TYPE OF AGREEMENT
SEOPW CRA & 241 NW 17 STREET LLC
DESCRIPTION
GRANT AGREEMENT/REHABILITATION OF A RESIDENTIAL
BUILDING/FILE ID: 7483/CRA-R-20-0008
EFFECTIVE DATE
May 28, 2021
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
6/17/2021
DATE RECEIVED FROM ISSUING
DEPT.
6/24/2021
NOTE
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GRANT AGREEMENT
This GRANT AGREEMENT ("Agreement") is made as of this g day of May, 2021 ("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 241 NW 17
STREET LLC, a limited liability company ("Grantee").
RECITALS
A. WHEREAS, the CRA is responsible for carrying out community redevelopment activities and
projects within its Redevelopment Area in accordance with the 2018 Southeast Overtown/Park West Community
Updated Redevelopment Plan, as amended and restated (the "Updated Plan"); and
B. WHEREAS, Florida Statutes, Section 163.335(6) of the Community Redevelopment Act (the
"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 10 of the Updated Plan lists "creat[ing] a sound balance
of very low-income housing, affordable, workable and mixed -income housing within the CRA as a stated
redevelopment goal; and
D. WHEREAS, Section 2, Principle 2 on page 13 of the Updated Plan also provides that the
"neighborhood must retain access to affordable housing even as the neighborhood becomes more desirable to
households with greater means" as a stated redevelopment principle; and
E. WHEREAS, Section 2, Principle 3 on page 13 of the Updated Plan further provides that "[t]here
must be variety in housing options" as a stated redevelopment principle; and
F. WHEREAS, the Grantee owns the property located at 241 NW 17th Street, Miami, Florida
33136 which consists of twenty-six (26) housing units (the "Property"); and
G. WHEREAS, the Property, known as "Sir John Guest House", is a residential building consisting
of twenty-six (26) single rooms and six (6) shared bathrooms. As an all-inclusive "flat -rate" residence, Sir John
Guest Home will allow low- and fixed -income residents to enjoy safe, secure, clean, and private housing in Historic
Overtown. Further, it will create an opportunity for those residents transitioning from either homelessness or an
involuntary downscale to avoid homelessness by creating below -market housing options that are affordable; and
H. WHEREAS, the requested funding will be used to update the windows and doors, renovate floors,
bathrooms, and roofing, install, and enhance security system and lighting, improve handicap accessibility, install
mechanical and electrical upgrades, update the facade of the building, repair and/or install drywall and concrete,
and improve the parking lot and landscaping (the "Project"); and
I. WHEREAS, the Board of Commissioners, pursuant to Resolution No. CRA-R-20-0008,
attached hereto as Exhibit "A" passed and adopted on May 28, 2020, authorized the issuance of a grant to the
Grantee, in an amount not to exceed Four Hundred Thousand Dollars ($400,000.00), for the renovation and
rehabilitation of 241 NW 17th Street, Miami, Florida 33136 to increase the affordable housing inventory in the
Redevelopment Area (the "Grant"). k
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
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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 offunds.
3. USE OF GRANT. The Grant shall be used to underwrite construction costs associated with the
Project approved by the CRA and more particularly described in the Scope of Work for the Project and the Project
Budget attached hereto as Exhibit "B" and Exhibit "C" respectively (collectively, the "Scope of Work and Project
Budget"), and incorporated herein, which have been approved by the CRA and the 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 those representations, warranties,
and certifications that by their terms contemplate performance in whole or in part upon completion of the Project;
to exercise entitlement to remedies, limitation of liability, and 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 Four Hundred Thousand Dollars ($400,000.00). Payments shall be made to
Grantee or its General Contractor on a reimbursement basis, or directly to vendors on behalf of Grantee, only after
the CRA has received and approved requests (which approval shall not be unreasonably withheld or delayed) for
disbursement in accordance with the CRA and Grantee approved Project Budget. In no event shall total payments
to Grantee under this Agreement exceed Four Hundred Thousand Dollars ($400,000.00).
b. AUTHORIZATION OF EXPENDITURES. Grantee understands and agrees that all
expenditures shall be in accordance with the Scope of Work and Project Budget. The CRA shall review said
requests to ensure that the expense sought to be incurred by the Grantee to be paid out of the Grant is an expense
within the Scope of Work and Project Budget, or otherwise approved by the CRA in writing, and the CRA reserves
the right to deny any and all requests for payment out of the Grant it deems to be outside of the Scope of Work and
Project Budget.
c. APPROVAL OF INVOICES. Grantee agrees to approve all invoices reflecting the
expenditure of funds prior to submission to the CRA for payment out of the Grant. Grantee understands that any
invoices submitted that are not preapproved by Grantee may result in delays in payment to Grantee or vendors on
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 are expenses within the Scope of Work and Project Budget in Exhibit `B"
and Exhibit "C" or otherwise approved by the CRA in writing. 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 a good and workmanlike
manner. The CRA further reserves the right to request additional supporting documentation for any and all
expenses.
d. 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
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proposed use of grant funds and the proposed expenditures to be 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 "B" and Exhibit
"C". For purposes of this Agreement, "supporting documentation" may include invoices, receipts, photographers,
contractor and subcontractor releases of lien, 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.
e. 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.
f. 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, unless otherwise agreed to and approved by the CRA in
writing.
g. UNFORESEEN COSTS AND/OR CHANGE ORDERS. During the course of the Project,
should unforeseen costs and/or change orders arise that are not within 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.
h. 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. RESTRICTIVE COVENANT. In consideration for the Grant, Grantee agrees to execute and
record a restrictive covenant that runs with the land, in the form attached in Exhibit "D" which shall be executed
simultaneous to the execution of this Agreement (the "Restrictive Covenant").
7. JOB CREATION DURING CONSTRUCTION.
a. SUBCONTRACTOR PARTICIPATION. Grantee shall cause its general contractor to hire
not less than twenty percent (20%) of the subcontractors for the Project giving first priority to companies certified
as SBE-Construction Services firms by Miami -Dade County pursuant to 10-33.02 of the County Code of
Ordinances ("SBE"), whose principal place of business is in the Redevelopment Area, as more particularly
described in the Plan, second priority to subcontractors whose principal place of business is in the Redevelopment
Area, third priority to SBE firms whose principal place of business is located within the boundaries of the Overtown
community which encompasses part of zip code 33136 ("Overtown Community"), fourth priority to subcontractors
whose principal place of business is located within the boundaries of the Overtown Community, fifth priority to
SBE firms whose principal place of business is located within the City of Miami, and sixth to subcontractors whose
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principal place of business is located within the City of Miami.
b. LABORER PARTICIPATION. Grantee agrees to cause its general contractor and all
subcontractors to hire forty percent (40%) of the labor for the construction of the Project from workers residing in
the City of Miami giving first priority to workers residing in the Redevelopment Area, which encompasses part of
zip code 33136 and second priority to workers residing in the Overtown Community.
c. REPORT REQUIREMENTS. Grantee shall be required to submit to the Executive
Director monthly reports detailing evidence of compliance with the subcontractor participation requirement and
the laborer participation requirement ("Participation Report"). The Participation Report shall contain such
information as the Executive pirector may reasonably require for the Executive Director to determine whether the
Grantee is in compliance with the subcontractor participation requirement and the laborer participation
requirement.
d. DISPUTES. In the event of any disputes between the Executive Director and Grantee as
to whether any subcontractor has its principal place of business in the City of Miami or whether a laborer resides
in the City of Miami, and whether the Grantee has complied with the priority requirements, the Executive Director
and Grantee shall proceed in good faith to resolve the dispute. In the event the dispute is not resolved within ten
(10) days, either party may submit the dispute to the CRA Board of Commissioners for resolution. The decision of
the CRA Board of Commissioners shall be binding on the parties.
8. COMPLIANCE WITH POLICIES AND PROCEDURES. Grantee understands that the use of the
Grant is subject to specific reporting, record -keeping, administrative and contracting guidelines and other
requirements affecting the CRA's activities in issuing the Grant. CRA agrees to provide notice of said guidelines
and other requirements to Grantee in advance of requiring compliance with same. Without limiting the generality
of the foregoing, Grantee represents and warrants that it will comply, and the Grant will be used in accordance with
all applicable federal, state and local codes, laws, rules and regulations.
9. REMEDIES FOR NON-COMPLIANCE. If Grantee fails to perform any of its obligations or
covenants hereunder, or materially breaches any of the terms contained in this Agreement, the 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 its General
Contractor;
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.
10. RECORDS AND REPORTS/AUDITS AND EVALUATION.
a. PUBLIC RECORDS; MAINTENANCE OF RECORDS. This Agreement shall be subject
to Florida's Public Records Laws, Chapter 119, Florida Statutes. The parties understand the broad nature of these
laws and agree to comply with Florida's Public Records Laws, and laws relating to records retention. Moreover, in
furtherance of the CRA's audit rights in Section 10(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 contractors
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 contractors and subcontractors shall retain records related to this Agreement or the
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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 and as detailed herein. Failure to provide said reports shall result in
Grant funds being withheld until the Grantee has complied with this provision. Thereafter, continued failure by the
Grantee in providing such reports shall be considered a default under this Agreement subject to Section 16.
c. AUDIT RIGHTS. During business hours, the CRA shall have the right to conduct
audits of the Grantee's records pertaining to the Grant and to visit the Project, in order to conduct its monitoring
and evaluation activities. The Grantee agrees to cooperate with the 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 considered a default under this Agreement subject to Section 16.
11. REPRESENTATIONS; WARRANTIES; CERTIFICATIONS. The Grantee represents, warrants,
and certifies the following:
a. INVOICES. Invoices for all expenditures paid for by Grant shall be submitted to the CRA
for review and approval in accordance with the terms set forth in this Agreement. The Grantee, through its
authorized representative, shall certify that work reflected in said invoices has, in fact, been performed in
accordance with the Scope of Work set forth in Exhibit `B" and Project Budget set forth in Exhibit"C".
b. EXPENDITURES. Funds disbursed under the Grant shall be used solely for the Project in
accordance with the Scope of Work set forth in Exhibit `B" and the Project Budget set forth hi Exhibit "C". All
expenditures of the Grant will be made in accordance with the provisions of this Agreement.
c. SEPARATE ACCOUNTS. The Grant shall not be co -mingled with any other funds, and
separate accounts and accounting records will be maintained.
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. Such expenditures shall be considered a default
subject to Section 16.
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, 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.
12. 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.
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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.
13. 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.
14. CONTINGENCY. Funding for this Agreement is contingent on the availability of funds and
continued authorization for Project activities, and is subject to amendment or termination due to lack of funds or
authorization, reduction of funds, or change in regulations. The CRA shall not be liable to the Grantee for
amendment or termination of this Agreement pursuant to this Section; provided, however, that all expenditures
incurred by Grantee under invoices approved prior to such amendment or termination shall be paid.
15. 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 15(b) below, 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 internet
advertisements or interviews.
b. APPROVAL. The CRA shall have the right to approve the form and placement of all
acknowledgements described in Section 15(a) above, which approval shall not be unreasonably dthy Icr 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 approved
by the CRA in writing, or 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.
16. DEFAULT OF AGREEMENT. If the Grantee fails to comply with any term or condition of this
Agreement, or fails to perform any of the Grantee's obligations hereunder, and the Grantee does not cure such
failure within thirty (30) days following receipt of written notice from the 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 or in equity, may immediately, upon written notice to the Grantee, terminate any obligation
to disburse any further grant proceeds pursuant to this Agreement whereupon all grant 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 16 shall not release the Grantee from any obligation accruing prior to the effective date of
termination.
17. NO LIABILITY. In consideration for the Grant, the Grantee hereby waives, releases, and
discharges the CRA, City of Miami, their Board of Commissioners, officers, employees, agents, representatives,
and attorneys from any and all liability for any injury or damage of any kind or nature arising directly or indirectly
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out of the Grant, including without limitation the provisions of this Agreement, performance under this Agreement,
or performance related to the Project.
18. INDEMNIFICATION OF THE CRA. The Grantee hereby covenants and agrees that it shall
indemnify, defend, protect and hold harmless the City of Miami the CRA, 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 illness, 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 gross
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.
19. INSURANCE. Grantee shall, at all times during the term hereof, maintain such insurance coverage
as provided in Exhibit "E", attached hereto and incorporated herein. All such insurance, including renewals, shall
be subject to the approval of the CRA, or the City of Miami (which approval shall not be unreasonably delayed or
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 be canceled, or
materially changed during the performance of the Project under this Agreement without fifteen (15) 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.
20. PAYMENT AND PERFORMANCE BOND; QUALIFICATION OF SURETY. The Grantee
agrees that it shall require that the Contractor selected to perform the Work described in Exhibit "B" to furnish a
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Performance/Payment Bond ("Bond") within fifteen (15) calendar days of being notified of the award. The Bond
shall contain all the provisions of set forth in the Performance/Payment forms attached hereto as Exhibit "F". Each
Bond shall be in the amount of one hundred percent (100%) of the Contract value guaranteeing to CRA the
completion and performance of the Work covered in the Contract Documents as well as full payment of all
suppliers, laborers, or subcontractors employed pursuant to this Project(s).
Each Bond shall continue in effect for one year after Final Completion and acceptance of the Work with liability
equal to one hundred percent (100%) of the Contract value, or an additional bond shall be conditioned that
Contractor will, upon notification by CRA, correct any defective or faulty work or materials which appear within
one (1) year after Final Completion of the Project(s). 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, Contractor
shall ensure that the Bond(s) referenced above shall be recorded in the public records and provide the City of Miami
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 an
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 CRA with evidence
satisfactory to CRA, that such excess risk has been protected in an acceptable manner.
21. 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 Board's decision shall be deemed final and binding on the parties.
22. INTERPRETATION.
a. CAPTIONS. The captions in this Agreement are for convenience only and are not a part
of this Agreement and do not in any way define, limit, describe or amplify the terms and provisions of this
Agreement or the scope or intent thereof.
b. ENTIRE AGREEMENT. This instrument constitutes the sole and only Agreement of the
parties hereto relating to the Grant, and correctly set forth the rights, duties, and obligations of the parties. There
are no collateral or oral agreements or understandings between the CRA and the Grantee relating to the Agreement.
Any promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect.
This Agreement shall not be modified in any manner except by an instrument in writing executed by the parties.
The masculine (or neuter) pronoun and the singular number shall include the masculine, feminine and neuter
genders and the singular and plural number. The word "including" followed by any specific item(s) is deemed to
refer to examples rather than to be words of limitation.
c. CONTRACTUAL INTERPRETATION. Should the provisions of this Agreement require
judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same
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shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of
the rule of construction that an instrument is to be construed more strictly against the party which itself or through
its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation
of this Agreement.
d. COVENANTS. Each covenant, agreement, obligation, term, condition or other provision
herein contained shall be deemed and construed as a separate and independent covenant of the party bound by,
undertaking or making the same, not dependent on any other provision of this Agreement unless otherwise
expressly provided. All of the terms and conditions set forth in this Agreement shall apply throughout the term of
this Agreement unless otherwise expressly set forth herein.
e. CONFLICTING TERMS. In the event of conflict between the terms of this Agreement
and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern.
f. WAIVER. No waiver or breach of any provision of this Agreement shall constitute a
waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless
made in writing.
g. SEVERABILITY. Should any provision contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of
Florida, then such provision shall be deemed modified to the extent necessary in order to conform with such laws,
or if not modifiable to conform with such laws, that same shall be deemed severable, and in either event, the
remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect.
h. THIRD -PARTY BENEFICIARIES. No provision of this Agreement shall, in any way,
inure to the benefit of any third party so as to make such third party a beneficiary of this Agreement, or of any one
or more of the terms hereof or otherwise give rise to any cause of action in any party not a party hereto.
23. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in
writing and signed by both parties.
24. DOCUMENT SHARING. 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.
25. 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.
26. 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; provided, however, that Grantee may have the right without the consent of the CRA to
assign its rights and interests and delegate its obligations hereunder to an affiliate.
27. CONSTRUCTION. This Agreement shall be construed and enforced in accordance with the
laws of the State of Florida
9
28. TERMINATION. The CRA reserves the right to terminate this Agreement, at any time for any
reason upon giving five (5) days prior 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 provided, however, that
all expenditures incurred by Grantee under invoices approved prior to such written notice shall be paid by the
CRA. In no way shall the CRA be subjected to any liability or exposure for the termination of this Agreement
under this Section.
29. NOTICE. All notices or other communications hereunder shall be given in writing and shall be
delivered (i) by personal service, or (ii) utilizing a next day service by a recognized next -day courier, or (iii) by
registered or certified mail, return receipt requested, addressed to the party at the address indicated herein or as the
same may be changed from time to time. Such notice shall be deemed given on the day on which personally served,
or, if by registered or certified mail, on the fifth day day after being posted, or the date of actual receipt or refusal of
delivery, whichever is earlier. A copy of such notices or other communications may also be provided by electronic
mail; however, notice by electronic mail alone shall not be deemed as sufficient notice pursuant to this Agreement.
To CRA:
Southeast Overtown/Park West Community Redevelopment Agency
819 NW 2nd Avenue, 3rd Floor
Miami, FL 33136
Attn: Executive Director
Email: cshiver@miamigov.com
With a copy to (which shall not constitute notice of service of process) to:
To Grantee:
Anna -Bo Emmanuel, Esq.
Southeast Overtown/Park West Community Redevelopment Agency
819 NW 2nd Avenue, 3rd Floor Miami, FL
33136
Email: ammanuel@miamigov.com
Brian Zeltsman
Southeast Overtown/Park West Community Redevelopment Agency 819 NW 2nd Avenue, 3rd
Floor
Miami, FL 33136
Email: bzeltsman@miamigov.com
241 NW 17th Street, LLC
4770 Biscayne Blvd.,
Suite 1250
Miami, FL 33136
Attn: Patricia Henrys
Email: AKancey@gmail.com
30. INDEPENDENT CONTRACTOR. The Grantee, its contractors, subcontractors, employees,
agents, and participants in the Program shall be deemed to be independent contractors, and not agents or employees
of the 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.
10
31. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and
their respective heirs, executors, legal representatives, successors, and assigns.
32. MULTIPLE COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be
simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and
each of which shall be deemed to be an original. The facsimile or other electronically delivered signatures of the
parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed
to constitute duplicate originals.
33. MISCELLANEOUS.
a. In the event of any litigation between the parties under this Agreement, the parties shall
bear their own attorneys' fees and costs at trial and appellate levels.
b. Time shall be of the essence for each and every provision of this Agreement.
c. All exhibits attached to this Agreement are incorporated in, and made a part of this
Agreement.
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.
[Remainder of page intentionally left blank]
11
ATTEST:
Clerk of the Board
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:Anna-Bo�uel (Jun 7, 2021 15:02 EDT)
Anna -Bo Emmanuel, Esq.
Chief Legal Counsel
WITNESSES:
By: Kayla osjuera Tjlay 28. 2021 10-19 EDT)
Print: Kayla Mosquera
By: P.un 7, 2021 1020 EDT)
Print: Patricia Henrys
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY, a
public agency and body corporate created pursuant to
Section 163.356, Florida Statutes
Cornelius Shiver
Executive Director
APPROVED AS TO INSURANCE
REQUIREMENTS:
By: Fan( k Go��un 7, 202114:42 EDT)
Ann -Marie Sharpe
Director of Risk Management
241 NW 17 STREET, LLC, a limited liability
corporation ("Grantee"):
Amani K ce a
By: y y 28, 2021 07:30 EDT)
Amani Kancey
Authorized Member
[Signatures to Grant Agreement]
12
EXHIBIT "A"
Resolution No. CRA-R-20-0008
Southeast Overtown/Park West
Community Redevelopment Agency
Legislation
CRA Resolution: CRA-R-20-0008
File Number: 7483
Final Action Date:5/28/2020
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
AUTHORIZING THE ISSUANCE OF A GRANT TO 241 NW 17TH STREET LLC,
IN AN AMOUNT NOT TO EXCEED $400,000 FOR THE REHABILITATION OF A
RESIDENTIAL BUILDING LOCATED AT 241 NW 17TH STREET, MIAMI,
FLORIDA 33136; 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; ALLOCATING FUNDS FROM SEOPW, "OTHER GRANTS
AND AIDS," ACCOUNT CODE NO. 10050.920101.883000.0000.00000
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("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 on 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 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
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
WHEREAS, 241 NW 17th Street LLC requests additional funding to underwrite costs associated
with the rehabilitation of 18 affordable housing units at 241 NW 17th Street, Miami, Florida 33136
("Property"); and
WHEREAS, the Property, known as "Sir John Guest House", is a residential building consisting
of twenty-six (26) single rooms and six (6) shared bathrooms. As an all-inclusive "flat -rate" residence, Sir
John Guest Home allows low- and fixed -income residents to enjoy safe, secure, clean and private housing
in Historic Overtown. Further, it creates an opportunity for those residents transitioning from either
homelessness or an involuntary downscale to avoid homelessness by creating below -market housing
options that are affordable; and
City of Miami Page 1 of 2 File ID: 7483 (Revision:) Printed On: 6/5/2020
File ID: 7483 Enactment Number: CRA-R-20-0008
WHEREAS, the requested funding will be used to update the windows and doors, renovate
floors, bathrooms and roofing, install and enhance security system and lighting, improve handicap
accessibility, install mechanical and electrical upgrades, and update the facade of the building. Funds will
also be utilized for drywall and concrete related repairs and installations, and parking lot and landscaping
improvements; and
WHEREAS, it is the recommendation of the CRA to authorize a grant in the amount of $400,000
to 241 NW 17th Street LLC for the rehabilitation of a residential building to increase the inventory of
affordable housing in the Redevelopment Area; and
WHEREAS, the Board of Commissioners wishes to authorize the issuance of a grant to 241 NW
17th Street LLC, in an amount not to exceed $400,000, for the renovation and rehabilitation of 241 NW
17th Street, Miami, Florida 33136 to increase the affordable housing inventory in the Redevelopment
Area; and
WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the
aforementioned redevelopment goals and objectives.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. The Board of Commissioners hereby authorizes the issuance of a grant to 241
NW 17th Street LLC, in an amount not to exceed $400,000, for the renovation and rehabilitation of 241
NW 17th Street, Miami, Florida 33136 to increase the affordable housing inventory in the Redevelopment
Area.
Section 3. The Executive Director is authorized to execute all documents necessary for said
purpose.
Section 4. 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 5. Funds to be allocated from SEOPW Tax Increment Fund, entitled "Other Grants
and Aids," Account Code No. 10050.920101.883000.0000.00000.
Section 6. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
fiver, Executive Director 5/22/2020
City of Miami
Page 2 of 2 File ID: 7483 (Revision:) Printed on: 6/5/2020
EXHIBIT "B"
Scope of Services
Mr. Zeltsman and Mr. Shiver,
I am the owner of Sir John Guest House located at 241 NW l7th St., Miami, Florida 33136 ("Sir John"). Sir John is a
residential building consisting of 26 single rooms and 6 shared bathrooms. It is an ideal residence for members of the
community to enjoy secure, safe, clean, and private housing in Historic Overtown.
Historically, guest houses, or rooming houses, have been a large part of the fiber of historically African -American, first -
generation immigrant, and many other communities in the City of Miami. As an all-inclusive "flat -rate" housing building,
Sir John allows low and fixed income residents to enjoy the housing environment they deserve. Residents of Sir John are
able to save money without the worries of unpredictable utilities thus allowing them to financially prepare for
transitioning from a room, with shared bath, to an affordable full housing setting such as, an apartment. Sir John creates
an ideal opportunity for residents transitioning, either out of homelessness or an involuntary downscale, to avoid
homelessness by creating below -market housing options, which are in low supply. In addition, Sir John offers a
communal and group setting with the comfort of a private room. It is a place where single people live, work, and share
living spaces.
In order to provide the best housing environment to our community, I am seeking $400,000.00 to renovate Sir John (the
"Funds"). The historic art deco architecture will be preserved with upgrades to provide the best possible experience for
our residents. We are currently substantially occupied, but until the renovations are complete to accommodate full
capacity, the building must remain partially vacant. This partial vacancy ultimately affects my ability to provide
maximum housing units to our community. With that, I contemplate the following improvements with the Funds to
include, but not be limited to:
1. Mechanical;
2. Electrical;
3. Plumbing;
4. Concrete;
5. Roof;
6. Drywall;
7. Windows and Doors;
8. Flooring;
9. Metals;
10. Carpentry;
11. Parking Lot Improvements;
12. Landscaping; and
13. Dumpster Enclosure.
The current housing market in Overtown does not afford many residents in our community the ability to continue to reside
here, where most were born and raised. The inability to secure housing is often due to credit, income, job verification, or
various other impediments. We pride ourselves on being able to provide a clean, safe and affordable housing option for
our community. We are very familiar with, and active in, Overtown. As a result, we are able to offer personal and
unconventional solutions to ensure affordable housing access to many.
For your reference, attached please fmd the preliminary construction proposal. Please note that the difference in
the amount included in the proposal and the Funds will be used to cover permitting costs, the performance bond and
contingencies.
Please let me know if you have any questions and thank you for your consideration.
Many thanks,
Amani Kancey
241 NW 17 Street, LLC
4770 Biscayne Blvd. #1250
Miami, FL 33137
786-303-3701
PALM CONSTRUCTION AND DESIGN GROUP, INC.
CONSTRUCTION PROPOSAL/CONTRACT
Between the Owner:
And the Contractor:
241 NW 17TH ST, LLC
4770 Biscayne Blvd. #1250
Miami, FL 33137
Palm Construction and Design Group, Inc.
12491 SW 134 Court, Ste. 20
Miami, FL 33186
786-251-9289
For the Project located: 241 NW 17TH Street
Miami, FL 33136
May 8, 2020
241 NW 17TH ST, LLC
4770 Biscayne Blvd. #1250
Miami, FI 33137
RE: Multi -Family Bldg. Rehab. Project
Dear Owner:
We are pleased to submit this proposal for construction services on the above referenced project located in
Miami, Florida.
Palm Construction and Design Group, Inc. will perform the work outlined below:
MECHANICAL — Bldg. No. 241 NW 17th Street
Furnish and install twenty six (26) new mini split 9000 BTU A/C units (i.e. — w/ heater pumps)
Furnish and install new refrigerant lines and covers, drain lines, and A/C stands
Furnish and install thirteen (13) new metal cages for condenser units on ground floor
• No other mechanical work included in this proposal
ELECTRICAL — Bldg. No. 241 NW 17th Street
- Upgrade Electrical Service and Panel Boxes (including all new interior wiring, electric boxes, plugs,
breakers, piping, disconnect boxes, and electrical panels to service proposed mini split a/c systems)
- No other electrical work is included in this proposal
PLUMBING — Bldg. No. 241 NW 17th Street
Demolish five (5) existing bathrooms (including removal of existing drywall, and wall and floor tiles)
Furnish and install five (5) new toilets, five (5) new shower pans, five (5) new shower valves, five
(5) new vanities, five (5) new faucets, two (2) new water heaters, and ancillary piping
No other plumbing work is included in this proposal
CONCRETE— Bldg. No. 241 NW 17th Street
Identify and repair all exterior cracks on existing bldg. exterior
Repair concrete spawl on existing stair treads.
Stucco Entire bldg.
Pressure clean and paint building exterior with Color(s) chosen by the Owner(s)
Removal and disposal of existing damaged concrete sidewalk, and landing areas
Installation of 440 square feet of new sidewalk (4" thick, 3' wide)
No other concrete work is included in this proposal
ROOF — Bldg. No. 241 NW 17th Street
Remove existing roof covering to expose existing sheathing
Replace existing sheathing as necessary
Install new roof covering
No other roof work is included in this proposal
DRYWALL — Bldg. No. 241 NW 17th Street
Install new wall framing and door openings at areas chosen by the Owner(s)
Install and finish (Le. — smooth finish) new drywall at the aforementioned areas
Paint building aforementioned areas with colors to be determined by the Owner(s)
Repair drywall that may be damaged during the sub -floor removal, and replacement
No other drywall work is included in this proposal
WINDOWS & DOORS — Bldg. No. 241 NW 17th Street
Remove existing windows, and one (1) exterior storefront door throughout entire building
Install new impact windows and one (1) new exterior storefront door throughout entire building
Remove existing interior doors throughout entire building
Install new fire rated interior metal interior doors (including lock, hinges, door closer, and
anchor bolts)
No other window and door work is included in this proposal
FLOORING — Bldg. No. 241 NW 17th Street
Remove existing flooring material (VCT tiles), and baseboards in hallways, and common areas only
approx. 2150 square feet (i.e. —VCT tiles)
- Install new VCT floor tile, and new wood baseboards
Remove two (2) layers of existing damaged (I.e. — by water or termite) wood sub -floor. Existing
wood floor joists to remain in place with no adjustments made.
Install new floor and wall tiles (Le. — floor to ceiling) in five (5) existing bathrooms.
No other flooring work is included in this proposal
METALS — Bldg. No. 241 NW 17th Street
- Remove existing metal stair railings
- Install new metal stair railings
- No other metal work is included in this proposal
CARPENTRY — Bldg. No. 240 NW 17th Street
Remove all existing bathroom vanities
Install new wood bathroom vanities with granite countertops, 4" granite backsplash, and door
handles
No other carpentry work is included in this proposal
PARKING LOT IMPROVEMENTS— Bldg. No. 241 NW 17th Street
- Installation of 1" asphalt overlay on the existing driveway, and parking lot (approx. 2100 square
- Installation of new wheel stops
- No other parking improvements are included in this proposal
LANDSCAPING — Bldg. No. 241 NW 17th Street
- Install new landscaping (i.e. — sod, ground cover, decorative rock, etc.) around bldg. exterior, and
parking lot
- No other landscaping work is included in this proposal
DUMPSTER ENCLOSURE — Bldg. No. 241 NW 17th Street
Install new concrete dumpster pad
Install new metal Dura fence with gates for dumpster enclosure
No other dumpster enclosure work is included in this proposal
A. Exclusions
Environmental services (Le. — mold, lead, asbestos abatement, or remediation)
- Security or police services
- Permit fees
No other construction services not specified herein
241 NW 17TH ST, LLC shall pay Palm Construction and Design Group, Inc. for the performance of
completed work, as authorized and outlined by this agreement. The base bid is Three Hundred Thirty
Seven Thousand Nine Hundred Dollars, ($337,900.00j.
Notes:
1. Palm Construction and Design Group, Inc. will furnish all the labor and material necessary to
complete the alterations and improvements described in herein.
2. Match existing textures and colors as close as possible.
3. This proposal is based upon the observation of conditions. Conditions which could not be
known by a reasonable inspection, such as termite damage, hidden water damage, hidden
code violations, or other concealed conditions, may require extra labor or materials.
Date: Signature:
Owner
Date: 5/14/20 Signature: � � t•
Palm Construction and Design Group, Inc.
cc: File
EXHIBIT "C"
Budget
241 NW 17th Street Project Budget
Renovation/Construction Costs (per proposal):
Survey:
Plans and engineering:
Permits and sub -permits:
Payment & Performance Bond:
Builder's Risk, OCP, and insurance:
Asbestos/mold remediation:
Contingency:
$337,900
$800
Included in Proposal
$7,500
$12,000
$8,500
$15,000
$12,000
Total Project Cost: $400,000
EXHIBIT "D"
Restrictive Covenant
Prepared by, and after recording return to:
Anna -Bo Emmanuel, Esq., Chief Legal Counsel
Southeast Overtown/Park West Community Redevelopment Agency
819 NW 2nd Ave, 3rd Floor
Miami, Florida 33136
Tel: (305) 679-6800
Reserved for Recording
DECLARATION OF RESTRICTIVE COVENANTS
RUNNING WITH THE LAND
This Declaration of Restrictive Covenant (the "Covenant") made as of the a day of May 2021
by 241 NW 17 Street LLC, a limited liability company (the "Owner"), is in favor of the SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body
corporate created pursuant to Section 163.356, Florida Statutes (the "CRA").
WHEREAS, the Owner is the legal owner of the fee simple interest in and to that certain property
located at 241 NW 17 Street, Miami, Florida 33136 (Folio No. 01-3136-029-0380), more particularly
described on Exhibit "A" (the "Property") attached hereto and incorporated herein; and
WHEREAS, the Property, known as "Sir John Guest House", is a residential building consisting of
twenty-six (26) single rooms and six (6) shared bathrooms. As an all-inclusive "flat -rate" residence, Sir
John Guest Home allows low- and fixed -income residents to enjoy safe, secure, clean and private housing
in Historic Overtown. Further, it creates an opportunity for those residents transitioning from either
homelessness or an involuntary downscale to avoid homelessness by creating below -market housing
options that are affordable; and
WHEREAS, the Owner requested a grant from the CRA to undertake the rehabilitation of the
Property in which funds will be used to update the windows and doors, renovate floors, bathrooms and
roofmg, install and enhance security system and lighting, improve handicap accessibility, install mechanical
and electrical upgrades, update the facade of the building, repair and install drywall and concrete, and
improve the parking lot and landscaping (the "Project"); and
WHEREAS, on May 28, 2020 the CRA's Board of Commissioners (the "Board"), pursuant to
Resolution No. CRA-R-20-0008, passed and authorized a grant, in a total amount not to exceed Four
Hundred Thousand Dollars ($400,000.00), to underwrite costs associated with the Project; and
WHEREAS, the Board further authorized the Executive Director of the CRA to execute all
documents necessary to effectuate Resolution No. CRA-R-20-0008; and
WHEREAS, pursuant to Renso�l tion No. CRA-R-20-0008, reference is hereby made to that certain
Grant Agreement dated as of May `LZ , 2021 (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 Four Hundred Thousand Dollars ($400,000.00) (the "Grant"); and
WHEREAS, as a condition of CRA funding, 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.
1
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, as follows:
1. RECITALS. The recitals and findings set forth in the preamble of this Covenant are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section 1.
2. COVENANT. The Owner agrees to strictly comply with the terms and conditions set forth
in the Grant Agreement. Further, the Owner covenants and agrees that in the event Owner seeks to sell the
Property, Owner shall provide advance notice to the CRA, and the following shall occur:
a. If any time prior to the issuance of a Certificate of Completion or Certificate of
Occupancy by the City of Miami as applicable ("Completion") or if any time after Completion, but within
five (5) years of Completion Owner enters into a contract to sell the Property, or any portion thereof, and
actually closes on the sale of the Property, or any portion thereof without the written consent of the
Executive Director of the CRA; then the Owner shall be obligated to repay to the CRA fifty percent (50%)
of the total amount of the Grant within ninety (90) days of the occurrence of such event.
b. If, at any time after Completion, more than five (5) years and less than ten (10) years
following Completion, Owner enters into a contract to sell the Property, or any portion thereof, without the
written consent of the Executive Director of the CRA, and actually closes on the sale of the Property, or
any portion thereof; then the Owner shall be obligated to repay to the CRA twenty-five percent (25%) of
the total amount of the Grant within ninety (90) days of the occurrence of such event.
3. TERM. This Covenant shall remain in full force and effect and shall be binding upon
Owner, its successors in interest and assigns for ten (10) years following Completion of the Project or such
longer period of time if all amounts due the CRA pursuant to Sections 2 and 3 have not been paid. After
the expiration of the Term, 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.
4. DEFAULT. The Owner agrees that its failure to comply with any aspect of this Covenant
which is not cured within thirty (30) days of written notice from the CRA, shall result in the Owner
reimbursing the CRA the full amount of the Grant the total of which is Four Hundred Thousand Dollars
($400,000.00). All rights, remedies and privileges granted herein shall be deemed to be cumulative and
the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor
shall it preclude the party exercising the same from exercising such other additional rights, remedies or
privileges as may be available to it.
5. FILING. Upon execution and delivery by the parties hereto, the Owner, at its sole expense,
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 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, at the Owner's sole expense.
6. GOVERNING LAW. This Covenant shall be governed by the laws of the State of Florida.
7. NOTICE. All notices or other communications hereunder shall be given in writing and
shall be delivered (i) by personal service, or (ii) utilizing a next day service by a recognized next -day
courier, or (iii) by registered or certified mail, return receipt requested, addressed to the party at the address
indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on
2
the day on which personally served, or, if by registered or certified mail, on the fifth day after being posted,
or the date of actual receipt or refusal of delivery, whichever is earlier. A copy of such notices or other
communications may also be provided by electronic mail; however, notice by electronic mail alone shall
not be deemed as sufficient notice pursuant to this Agreement.
To CRA: Cornelius Shiver, Executive Director
Southeast Overtown/Park West Community Redevelopment Agency
819 NW 2nd Avenue, 3rd Floor
Miami, Florida 33136
Email: CShiver@miamigov.com
With a copy (which shall not constitute notice or service of process) to:
Anna -Bo Emmanuel, Esq.
Southeast Overtown/Park West Community Redevelopment Agency
819 NW 2nd Avenue, 3rd Floor
Miami, Florida 33136
Email: Aemmanuel@miamigov.com
To Owner:
241 NW 17 STREET LLC
4770 Biscayne Blvd., Suite 1250
Attn: Patricia Henrys
Email: AKancey@gmail.com
Notices personally delivered or sent via overnight courier shall be deemed given on the date of delivery and
notices mailed in accordance with the foregoing shall be deemed given upon receipt or the date delivery is
refused.
8. 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.
9. 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
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.
10. SEVERABILITY. Invalidation of any of these covenants by judgment of court shall not
affect any of the other provisions, which shall remain in full force and effect.
11. 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.
3
12. 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.
13. ENTIRE AGREEMENT. This Covenant and the Grant Agreement constitutes the entire
agreement and understanding between the parties with respect to the subject matter hereof and there are no
other agreements, representations, warranties other than as set forth herein. This Covenant may not be
changed, altered, or modified except by an instrument in writing signed by the party against whom
enforcement of such change would be sought.
Signed, witnessed, executed and acknowledged this LD day of May, 2021.
[Remainder of page intentionally left blank]
4
WITNESSES: OWNER:
By: Kayla M1Rosuera i{lay 28.202110:19 EDT)
Print: Kayla Mosquera
By:
(un 7, 2021 10:20 EDT)
Parpa
Print: Patricia Henrys
Amani K icey
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me, by physical presence, this 2gday of May ,
202IP by ` i4 4 %„t C - 'ho is personally known ( ) or produced identification (>4) type of
identification produced i)(,' j��/ (,L G• 5e
Print or Stamp Name:
Notary Public, State of ;.;p y ,,,,,•: ANDREA SMITH
• 04.. • Notary Public • State of Florida
Commission No.: a ? • ,1! mission = GG 262316
My Commission Expires: M Comm. Expires Nov 15, 2022
[Signature Page to Restrictive Covenant]
By: lay 28, 2021 07:30 EDT)
Amani Kancey
Authorized Member, 241 NW 17 Street LLC
5
WITNESSES:
By:
Print:
061X
ti/N11
STATE OF FLORIDA
) SS
COUNTY OF MIAMI-DADE
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY, a
public agency and body corporate created pursuant to
Section ., o •a Sta
By.
elius Shiver
Executive Director
The foregoing instrument was acknowledged before me, by physical presence, this A day of tt
202t by Cornelius Shiver, who is personally known ( ) or produced identification (� type of identification
produced'7At Jew 1_4 c•-e4.45 _
Print or Stamp Name: _
Notary Public, State of ""'i"ou'•••.. ANDREASMTH
``
Commission No.: ('_ : ;,�, •r � Notary Public - State of Flo
My Commission Expires: '\':''t�°�'� ` k GN 10
• of Aires Nov 15, 2022
[Signature Page to Restrictive Covenant]
6
Street Address:
Folio No.:
Legal Description:
EXHIBIT "A"
DESCRIPTION OF PROPERTY
241 NW 17th Street, Miami, Florida 33136
01-3136-029-0380
36 53 41 PB B-156
ERICKSONS RESUB LOTS 3 & 4 BLK 17
LOT 36
LOT SIZE 50.000 X 122
OR 20854-2591 1002 1
EXHIBIT "E"
Insurance Requirements
INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE - SIR JOHN
GUEST HOUSE
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 SEOPWCRA listed as an additional insured Contingent and
Contractual Liability
Premises and Operations Liability
Primary Insurance Clause Endorsement
H. 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 SEOPWCRA listed as an additional insured
HI. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
Employer's Liability
A. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident.
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
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 -PALM
CONSTRUCTION AND DESIGN GROUP
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence
General Aggregate Limit
Products/Completed Operations
Personal and Advertising Injury
B. Endorsements Required
$1,000,000
$ 2,000,000
$ 1,000,000
$1,000,000
City of Miami and SEOPWCRA listed as an additional insured Contingent
and Contractual Liability
Premises and Operations Liability
Explosion, Collapse and Underground Hazard Primary Insurance Clause
Endorsement
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident$ 1,000,000
B. Endorsements Required
City of Miami and SEOPWCRA listed as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
Employer's Liability
A. Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
IV. Umbrella Policy (Excess Follow Form)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 2,000,000
Aggregate $ 2,000,000
City of Miami & SEOPWCRA listed as an additional insured. Coverage is excess
follow form over the general liability and auto policies.
V. Payment and Performance Bond
City & SEOPWCRA Listed as obligees
VI. Builders' Risk
$ 400,000
Causes of Loss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost
Deductible: $10,000 All other Perils
5% maximum on Wind/Hail and Flood
City of Miami & SEOPWCRA listed as loss payees
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer not less than (30) days prior to any such cancellation or
material change, or in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than "Class V"
as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M.
Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of
insurance are subject to review and verification by Risk Management prior to insurance
approval.
EXFIIBIT "F"
Payment and Performance Bond
Payment and Performance Bond Forms
CONDITIONAL PAYMENT BOND,
BY THIS BOND, We , as Principal (hereinafter referred to
as "Contractor", and , as Surety (hereinafter referred to as "Surety"),
are bound to the Town Park Village No 1. (hereinafter referred to as "Obligee"), in the amount of
Dollars ($ ) 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:
[Corporate Title]
By: (SEAL)
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. 2'd 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)
jPEItFOBMANCE 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. lithe 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 anew 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 Definitions:
§ 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:
consideration, hereby agree that the Performance Bond executed in favor
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, 819
Floor, Miami, FL 33136, Obligee, in connection with
, Surety and
Principal, for valuable
of the SOUTHEAST
N.W. 2nd Avenue, 3rd
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.
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 Principal 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)
Grant Agreement (241 NW 17th Street Rehab)
05 26 2021
Final Audit Report
2021-06-07
Created: 2021-05-26
By: Antonette English (aenglish@miamigov.com)
Status: Signed
Transaction ID: CBJCHBCAABAAgE5dE2-wzpRVrGs3G8Txg34AyAyhFmHg
"Grant Agreement (241 NW 17th Street Rehab) 05 26 2021" Hist
ory
'n Document created by Antonette English (aenglish@miamigov.com)
2021-05-26 - 4:52:06 PM GMT- IP address: 199.181.140.110
L7+ Document emailed to Amani Kancey (akancey@gmail.com) for signature
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Antonette English (aenglish@miamigov.com) replaced signer henryspatricia@aol.com with Patricia Henrys
(henrys.patricia@gmail.com)
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El Adobe Sign
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Document e-signed by Anna -Bo Emmanuel (aemmanuel@miamigov.com)
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Agreement completed.
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