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06-10-02Chair r Julio Robaina Vice Chair Mary Scott Russell Member David D. Bethel Member Mary Birts- Cooper Member Horace G. Feliu Member Levy Kelly Member Randy G. Wiscombe CRA General. Counsel CRA Executive Director CRA Director (Interim) CRA Secretary Eve Boutsis Charles D. Scurr Ralph Rosado Ronetta Taylor SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY CRA Meeting Meeting date: June 10, 2002 6130 Sunset Drive, South Miami,`�FL. Next Regular Meeting Date: July_8, 2002 Phone: (305) 66.3 -6338 Time: 6:30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay. an annual fee of $125.00. This applies. to all persons who are retained (whether paid or not) to represent a business entity or organization to influence I "City" action. "City' action is broadly described to include the ranking and selection of professional consultants,' and virtually all - legislative, quasi - judicial and 'administrative action. It does not, apply to not -for- profit organizations, local chamber and merchant groups, homeowner associations, or ' trade ' associations !and unions. CALL TO ORDER: 1. SWEARING -IN CEREMONY: 2. ROLL CALL: 3. INVOCATION: COMMUNITY REDEVELOPMENT AGENCY 1 AGENDA - June 10, 2002 4. PLEDGE OF ALLEGIANCE ITEMS FOR THE. BOARD'S CONSIDERATION: 5. APPROVAL OF MINUTES Regular CRA Minutes - April 22, 2002 6. CRA DIRECTOR'S REPORT: A. CRA Director search B. CRA Advisory Board vacancies C. South Miami Gardens D. Magic Shuttles (Shuttle Buses) E. CRA newsletter F. Summer County Employment (James McCants) G. Job Fair'(James McCants /Sandra Garcia)-, H. South Miami's Dress for Success (Sandra Garcia) 7. CRA-GENERAL COUNSEL'S REPORT: CONSENT AGENDA (There are no items.) RESOLUTION(S) 8. A RESOLUTION OF THE SOUTH MIAMI, COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR TO ALLOCATE THE SUM OF $20,000 FROM ACCOUNT NUMBER 610 - 11.10 - 513- 34 -50, ENTITLED "OTHER CONTRACTUAL SERVICES- INFRASTRUCTURE ", FOR CONSTRUCTION AND CONSTRUCTION ENGINEERING INSPECTION EXPENSES RELATIVE TO THE S.W. 6e' STREET TRAFFIC CALMING AND WATERMAIN EXTENSION; AND PROVIDING FOR AN EFFECTIVE DATE. 9. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AMENDING RESOLUTION NO. CRA 14 -01 -63 TO REFLECT THE TOTAL LOAN AMOUNT OF $436,468 AS IT PERTAINS TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY '(SMCRA) FOR ' THE PURCHASE OF 5825 SW 68'I; STREET (MOBLEY PROPERTY); AND PROVIDING FOR AN EFFECTIVE DATE. 10. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING A SINGLE FAMILY . REHABILITATION GRANT OF UP TO $2,595.00 COMMUNITY REDEVELOPMENT AGENCY 2 AGENDA.- June 10, 2002 AWARDED TO GEORGE JOHNSON FOR IMPROVEMENTS TO HIS. PROPERTY LOCATED AT 6461 SW 59TH COURT; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE SAID FUNDS FROM THE SINGLE FAMILY REHABILITATION LINE ITEM OF THE'ADOPTED FY 01 -02 BUDGET; AND PROVIDING AN EFFECTIVE DATE. 11. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY . APPROVING A SINGLE FAMILY .REHABILITATION ' GRANT OF UP TO $5,972.00 AWARDED TO YVONNE JAMES FOR IMPROVEMENTS TO HER PROPERTY LOCATED AT-6175 SW 64TH TERRACE; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE SAID FUNDS FROM THE SINGLE FAMILY REHABILITATION LINE ITEM OF THE ADOPTED FY 01 -02 BUDGET; AND PROVIDING AN EFFECTIVE DATE. PUBLIC COMMENTS BOARD COMMENTS ADJOURNMENT PURSUANT TO FLA, STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON f DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH'RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS,• AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES "IT.AUTHORIZE CHALLENGES OR.APPEALS NOT OTHERWISE ALLOWED BY LAW. COMMUNITY REDEVELOPMENT AGENCY 3 AGENDA - June 10, 2002 50 U Tai 0 le f � U • INCORPORATED 1927 P �LORIV Chair Julio Robaina CRA General Counsel Eve Boutsis Vice Chair Mary Scott Russell CRA Executive Director Charles D. Scurr Member David D. Bethel CRA Director (Interim) Ralph Rosado Member - Mary Birts- Cooper CRA Secretary Ronetta Taylor Member Horace G. Feliu Member Levy Kelly Member Randy G. Wiscombe SOUTH MIAMI COMMUNITY f REDEVELOPMENT, AGENCY CRA Meeting 'Meeting date: June 10, 2002 Next Regular Meeting Date:Zuly 8,2002 Phone: (305)663 -6338 Time: 6:30 PM 6130 Sunset Drive, South Miami, EL City, of. South Miami. Ordinance No. 10 -00 -1712 requires .all lobbyists before engaging in any lobbying activities to register, with 'the City Clerk and. pay. an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or .. organization to influence "City" action. `TCi ty" action is .broadly • described to. include the ranking and selection of professional consultants, and virtually all - legislative, quasi- judicial and administrative action. Z't does not apply to not-for- profit organizations, local, chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: 1. SWEARING -IN CEREMONY: 2 . ROLL CALL : ,- t-(E L_ IL QCbq I1J P 0.(4- 3.. INVOCATION: r u COMMUNITY REDEVELOPMENT AGENCY 1 AGENDA - June 10, 2002 1 , i r t L„ •:y 50 U Tai 0 le f � U • INCORPORATED 1927 P �LORIV Chair Julio Robaina CRA General Counsel Eve Boutsis Vice Chair Mary Scott Russell CRA Executive Director Charles D. Scurr Member David D. Bethel CRA Director (Interim) Ralph Rosado Member - Mary Birts- Cooper CRA Secretary Ronetta Taylor Member Horace G. Feliu Member Levy Kelly Member Randy G. Wiscombe SOUTH MIAMI COMMUNITY f REDEVELOPMENT, AGENCY CRA Meeting 'Meeting date: June 10, 2002 Next Regular Meeting Date:Zuly 8,2002 Phone: (305)663 -6338 Time: 6:30 PM 6130 Sunset Drive, South Miami, EL City, of. South Miami. Ordinance No. 10 -00 -1712 requires .all lobbyists before engaging in any lobbying activities to register, with 'the City Clerk and. pay. an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or .. organization to influence "City" action. `TCi ty" action is .broadly • described to. include the ranking and selection of professional consultants, and virtually all - legislative, quasi- judicial and administrative action. Z't does not apply to not-for- profit organizations, local, chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: 1. SWEARING -IN CEREMONY: 2 . ROLL CALL : ,- t-(E L_ IL QCbq I1J P 0.(4- 3.. INVOCATION: r u COMMUNITY REDEVELOPMENT AGENCY 1 AGENDA - June 10, 2002 1 , i r 4. PLEDGE OF ALLEGIANCE: ITEMS FOR' THE (BOARD'S CONSIDERATION: -9. APPROVAL OF MINUTES ?-77- Regular CRA Minutes - April 22, 2002 6. CRA DIRECTOR'S REPORT: A. CRA Director-search B. CRA Advisory Board vacancies C. South Miami Gardens D. Magic Shuttles,(Shuttle Buses) E. CRA newsletter F. Summer County Employment (James McCants) .G. Job Fair ( James McCants /Sandra Garcia) H. South Miami's Dress for 'Success (Sandra Garcia) 7. CRA GENERAL COUNSEL'S REPORT: CONSENT AGENDA (There are no. items.) RESOLUTION(S) 8. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY " AUTHORIZING THE EXECUTIVE DIRECTOR TO ALLOCATE THE SUM OF $20,000 FROM ACCOUNT NUMBER 610- 1110 - 513- 34 -50, ENTITLED "OTHER CONTRACTUAL SERVICES INFRASTRUCTURE ", FOR CONSTRUCTION AND CONSTRUCTION ENGINEERING INSPECTION EXPENSES RELATIVE TO THE. S.W. 64TH STREET TRAFFIC CALMING AND WATERMAIN EXTENSION, AND PROVIDING FOR AN EFFECTIVE DATE. k�j 9. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AMENDING RESOLUTION NO. CRA 14 -01 -63 TO REFLECT THE TOTAL LOAN AMOUNT OF $436,468 AS IT PERTAINS TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) FOR THE PURCHASE OF 5825 SW 68T" STREET (MOBLEY PROPERTY); AND PROVIDING FOR AN EFFECTIVE DATE. 1 10. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING A SINGLE FAMILY REHABILITATION -GRANT OF UP TO $2,595.00 COMMUNITY REDEVELOPMENT AGENCY 2 AGENDA - June 10, 2002 AWARDED TO GEORGE JOHNSON FOR IMPROVEMENTS TO HIS PROPERTY LOCATED AT 6461 SW 59TH COURT; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE. SAID FUNDS FROM THE SINGLE FAMILY REHABILITATION LINE IT V3!WOPTED,!U�02.217K-46 � we ,— Z-- >ING-A A EA ' DA E. 11. A RESOLUTION OF THE'SOUTH MIAMI COMMUNITREDEVELOPMENT �VENCY APPROVING A SINGLE FAMILY .REHABILITATION GRANT OF UP TO $5,972.00 AWARDED TO YVONNE JAMES FOR IMPROVEMENTS TO HER PROPERTY LOCATED AT-61.75 SW 64'.H TERRACE; AUTHORIZING THE EXECUTIVE DIRECTOR TO'DISBURSE SAID FUNDS FROM THE SINGLE FAMILY REHABILITATION LINE ITEM OF THE ADOPTED FY 01 -02 BUDGET; AND PROVIDING AN EFFECTIVE DATE. 2 Ivi Pis PUBLIC COMMENTS BOARD COMMENTS ADJOURNMENT PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS,- AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY 'NEED TO ENSURE THAT A `- VERBATIM RECORD OF THE PROCEEDINGS 'IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT.AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. 1. COMMUNITY REDEVELOPMENT AGENCY 3 AGENDA - June 10, 2002 . 1 2 3 4 5 6 7 .8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CITY Off' - SOUTH MIAMI REGULAR CRA MINUTES April 22, 2002 CALLED TO ORDER The CRA Board for the City of South Miami; Florida met in regular session on Monday, April 22, 2002 beginning at 6:45 p.m., in the City Commission Chambers, 6130 Sunset Drive. i ROLL CALL: The following, members of the CRA Board were present: Chairperson Julio Robaina, Vice Chairperson Mary Scott Russell and Board members David D.' Bethel, Horace G. Feliu, Randy G. Wiscombe and Marie Birts - Cooper. . Also in attendance were: Executive Director Charles D. Scurr, Interim Director Ralph Rosado, General Counsel Eve Boutsis, CRA Secretary Representative Nkenga. Payne, and CRA. Community Outreach Coordinator James McCants. INVOCATION: Commissioner Feliu delivered.the Invocation. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. ITEMS FOR THE CRA BOARD'S CONSIDERATION 1. Approval of Minutes —February 4, 2002 Moved by Vice Chair Russell, seconded by Member Wiscombe to. approve the minutes as presented. There, being no discussion the motion passed by a-6-0 vote. Member Wiscombe: Vice Chair Russell: Member Feliu: Member Bethel: Member Birts- Cooper: Chairperson Robaina: Yea Yea Yea Yea Yea Yea 2. CRA Director's Report: Interim Director Rosado reported on.the following: a) South Miami Gardens. .Progress is being made in bringing forward the ideas that were a part of the Multi - Family Housing Charrette. To facilitate' this process, staff has been working with Richard Miller, former. Assistant Director of the Miami- Dade Housing Agency. COMMUNITY REDEVELOPMENT AGENCY 1 MINUTES - April 22', 2002 _1 Mr. Richard Miller appeared before the CRA Board to further 2 expound on this project. He said that meetings were held with 3 'each head of household.for the development. Staff explained the 4 overall multifamily revitalization plan and,how the residents 5 fit into that Plan. Repercussions of the plan were also 6 discussed with the residents. The fact -that the plan calls for 7 the residents to 'be relocated from the housing development, 8 having the development demolished and then renovated, they would 9 then be brought back to the area. Available options were also 10 explained to them. The residents were told that the City could 11 not promise absolutely everything. However, there would be 12 adequate time to put safeguards in place because this is a long 13 process and would not occur for the next couple of years. 14 Everything that was conveyed verbally would be put, in writing. 15 Out of the 43 families spoken with only three families were not 16 in favor of the "Plan." He emphasized that thus far the 17 community' at large has conveyed positive responses of the 18 . "Plan. ' 19 b) Career and Training Resources: Ms. Sandra Garcia the City's 20 Social Worker appeared before the CRA Board and provided an 21 update. She said that she'd put together a manual identifying 22 the agency or schools that would actually cater to, the South 23 Miami community. Rock Power Corporation, the Engineering and 24 Construction Company working on the 64th Street SW 59th Place 25 Improvements has indicated that it wants to hire local residents 26 to work on this project. The job posting would be distributed. 27 door to door as well as to the local churches in the CRA 28 community. 29' 30 Vice Chair Russell said this is in direct response to her 31 request. Ms. Debbie Legall,came' before the CRA Board asking for 32 $10,000.00 to assist with the opening,of her..hair salon. However, 33 the problem is there is no qualified workforce in South Miami. 34 She expressed concern with.imposing the criteria of requiring new 35 businesses to' employ residents that when seeking funding, when 36 there are no qualified 'applicants residing in. the area. She 37, related that not only has the CRA provided the manual, through 38 ;the CRA Board Contingency Fund, she could.' afford to' send one 39 person to school every year, If each of the CRA members were 40 willing to do this, people could get their GED prep training.,She 41 emphasized that this is the flexibility what. she wanted to see 42 the CRA do. She emphasized that this is a good way for CRA Board 43 members to spend their thousand dollar Contingency fund. She 44 thanked Ms.,Garcia for the research. 45 46 Chair Robaina related that he'd brought this issue forward 47 prior to Mr. Oravec's departure and was told by General Counsel 48 that the CRA Board's Contingency fund was limited and could not 49 be used for..educational purposes. He asked st ,ff,to revisit this 50 issue for clarification purposes 51 52 Member Wiscombe said.that there is.a provision that does not 53 allow expenditures for social programs. He said if the funds COMMUNITY REDEVELOPMENT AGENC7Y 2 MINUTES - April 22, 2002 1 could be utilized for this purpose he would suggest a matching 2 grant. 3 4 Mr. Rosado said that he would look into this matter and 5 provide.an update before the next CRA'Board meeting. 6 7 Member Bethel suggested getting - Miami -Dade County School 8 Board member Frank Cobo and South Miami Middle Schbol Principal 9 Ms. Del Torso involved with getting a satellite program at J.R.E. 10 School. 11 12 Vice Chair Russell related that there is no reason the CRA 13 couldn't take amore proactive role in this. She said that a' 14 list of available resources has been provided and whether classes 15 are provided in South Miami or at Lindsey,Hopkins, would not make 16 a'difference because the CRA would soon have the shuttle buses to 17 transport people to school if necessary. She opined, this is 18 really what'the CRA is all about. 19 20 Mr. Rosado indicated that Ms. Garcia would be working with 21 the City's Marketing Consultant Ms. Mumford on an .informative 22 brochure, which would include this information as well as other 23 pertinent issues. He further informed the CRA Board that the 24 shuttle buses should be here by the end of,the week. 25 26 c) Church Street Reconstruction Project. . The CRA is waiting 27 for OCED to provide approval of the Environmental Assessment 28 'Report that was submitted. Once the final approval is made the 29 design phase can 'commence. It is anticipated that funding to 30 complete this project would be received by September 2002. 31 32 Chairperson Robaina said that the start date of June 2002 33 for this project was unacceptable. 34' 35 Member Bethel conveyed his support of Chairperson Robaina's 36 comments. 37 38 Member Wiscombe asked if Miami -Dade County Commissioner 39 Morales could intervene in this process. 40 41 Member Feliu suggested having Attorney Gallop send a letter 42 conveying the City's position on this matter.. 43 44 Executive Director Scurr indicated that there were a lot of 45 complications the City has just become aware of. Miami -Dade 46 County when typically put in a new sewer project then mandate an 47 immediate attachment to the sewers. There is a program.' 48 available for the low- income homeowners, which they will make 49 available. Thus far, 21 out. of 80 households in the CRA area 50 -have applied and qualified. 5.1 52 Chairperson,Robaina.asked staff to make the sewer project a 53 priority. 54 COMMUNITY REDEVELOPMENT AGENCY 3 MINUTES - April 22, 2002 1 Member Wiscombe indicated that he'd like for the Shuttle .2 Service to be called something other than the "Magic Shuttle ". 3 4 Executive.Director Scurr.shared that Ms. Mumford is going to 5 be looking at doing a renovation of the exterior of the buses 6 because they will come with Miami -Dade County Transit markings; 7, perhaps this is something else she could work on. 8 9 Member Feliu concurred with Member Wiscombe's suggestion. 10 11 Interim Director Rosado suggested having a contest to rename 12 the Shuttle Service. 13 14 c) Auditor's Report: 15 Mr. Hakeem Oshikoya, the. City Finance Director, appeared 16 before the City 'Commission to introduce the Auditing Firm, which 17 conducted the audit for FY 2000 -2001. .18 19 Mr. Rod Harvey, appeared before the City, Commission to 20 provide a highlight of the CRA Audit. The CPA has a deficit 21 balance, which has been reported for the past two years. If the 22 CRA continues to run profitably, starting next year it would be 23 able to overcome that deficit in the fund balance area. An area 24 that has been discussed with the Finance Director has to do with 25 'the Intergovernmental Note between the City of South Miami and 26 the CRA. The documentation, for that Note is off by $36,000. 27 This.can be easily rectified. 28 29 Mr. Oshikoya clarified that this is the loan that the City's 30 General Fund gave to the CRA to purchase the Mobley Property. The 31 building was. estimated to be approximately $400,000. The final 32 purchase price was $436,000. He said that a resolution would 33 need to be done to rectify this discrepancy. 34' 35 Vice Chair Russell asked Mr. Harvey if he found the CPA to 36 be in-good financial shape. 37 38 Mr. Harvey replied "yes." 39 40 Items For the Director 41 42 Vice Chair Russell asked about the status of the job 43 advertisement for the CRA Director. 44 45 Executive Director Scurr indicated that the job description 46 was.,provided to members of `the CRA Board. The job is- classified 47 as a 43 -6 with a pay range of $64,734 to $82,600 48. 49 Member Wis'combe said that he would expect a candidate with a 50 Master's Degree for this' salary range instead of a minimum 51 requirement of a Bachelor's degree.. He suggested a Master's in 52 Business Administration or Urban Planning: 53 COMMUNITY REDEVELOPMENT AGENCY 4• MINUTES - April 22, 2002 1 Member Feliu concurred with Member Wiscombe's statement. 2 3 Vice Chair Russell said that experience is also important. 4 5 Chair Robaina opined that there were several individuals 6 currently employed by the City of South Miami who are qualified 7 for the position'and he wanted to make sure they had a chance. He 8 emphasized the importance of hiring someone familiar with this 9 community. 7 10 11 Member Wiscombe emphasized that this is going to be an open 12 process. He said it is important to make sure that the person 13 hired for this position not only has the knowledge and the 14 background but the personality and the ability to get out into 15 the community and aggressively work with the community. 16 • 17 Chair Robaina cautioned having such a'strict criteria that 18 no, applicants apply or if hired leaves after six months because 19 the CRA can't. afford to pay them. He emphasized that the CRA 20 couldn't afford to keep hiring CRA directors. He said that he 21 was looking for longevity. 22 23 Executive Director Scurr said this advertisement would 24 typically appear in the local papers as well as in the Florida 25 Community Redevelopment Agency Magazine. 26 27 Member Feliu opined that this is an extremely high salary 28 for a small CRA. He suggested setting up a Selection Committee to 29 review the applications. He further concurred with Member 30 Wiscombe with requiring candidates to have a Master's Degree. He 31 'said the City could attract some good competitive people that can 32 bring in new ideas. 33 34 After there were no further comments or questions for the 35 Director, this report concluded. 36 37 3. CRA General Counsel Report: 38 Attorney Eve Boutsis provided an update on: 39 1) Greater Miami Neighborhoods Agreement. A meeting was held 40 on March 27`h with CRA Staff and two representatives from Greater 41 Miami Neighborhoods and their counsel. The agreement has not 42 • been approved by the CRA Board and there are some still pending 43 issues' that need to be worked out. It is anticipated that an 44 agreement would be. brought to Board for consideration at the 45 next meeting. A6 2), Habitat For Humanity and the Marshall Williamson's Property. 47 The City 'finally. got .a Foreclosure Judgment in February 2002. 48 The City's interest has been signed over to Habitat for 49 Humanity. There is a small portion of this property that -is 50 owned by Miami -Dade County. Therefore, the next step is getting 51 approval and_title. from Miami -Dade County. 52 3) Vacant lot at 6400 SW 57th Court. A letter has been 53 received from the seller indicating. that, he' has increased the COMMUNITY REDEVELOPMENT AGENCY 5 MINUTE: - April 22, 2002 1 purchase price. The original price of the property is 2 $11,200.00 .,but has increased due to Attorney's Fees, lawn 3 maintenance and $150.00 for incurring the cost of.the sale. 4 4) Mr. Cordon, Foreclosure Attorney for CRA area: General 5 Counsel has. great difficulty in obtaining updates and 6 information from said counsel. General Counsel is seeking 7" direction from the CRA Board in regard to this situation. 8 9 Vice Chair Russell asked if the CRA was still paying this 10 Attorney. 11 12 Executive Director Scurr said that the .Attorney was only 13 being paid for work performed. This area happens to be Attorney 14 Boutsis' specialty. Administration is going to discontinue with 15 Attorney Cordon and-shift the remainder of the property files 16' over to Attorney Boutsis. 17 18 Vice Chair Russell asked that the Executive Director follow 19 up on this-matter. 20 21• Chair Robaina asked that Mr. Cordon be given a. thirty -day 22 notice. 23 24 After there were no other questions or comments for the CRA 25 General Counsel, this report concluded. 26 27 Moved by Chair Robaina, Member Feliu seconded by to amend 28 the official agenda by adding the following item to the regular 29 agenda. "A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT 30 AGENCY ACCEPTING THE CONVEYANCE OF.PARCELS FROM MIAMI -DADE COUNTY 31 FOR THE PURPOSE OF SINGLE - FAMILY INFILL HOUSING; AND PROVIDING AN 32 EFFECTIVE DATE" 33 34. There, being no discussion on the amendment the motion 35 passed by a 6 -0 vote. 36 37 Member Wiscombe: Yea 38 Vice Chair Russell: Yea 39 Member Feliu: Yea 40 Member Birts- Cooper: Yea 41 Member Bethel: Yea 42 Chair Robaina: Yea 43 44 CONSENT AGENDA 45 There are,.no - items 46 47 r RESOLUTION (S) 48 49 CRA 6 -02 -94 50 7. ,A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT 51 AGENCY ,APPROVING 'A SINGLE FAMILY REHABILITATION GRANT COMMUNITY REDEVELOPMENT .AGENCY 6 MINUTES - April 22, 2002 1 OF UP TO $3,657.00 AWARDED TO KELSEY AND TAMARA. TOOMER 2 FOR IMPROVEMENTS TO THEIR PROPERTY LOCATED AT 5942 SW 3 62ND STREET; AUTHORIZING THE EXECUTIVE DIRECTOR TO 4 DISBURSE SAID FUNDS FROM THE SINGLE FAMILY 5 REHABILITATION LINE& ITEM OF' THE ADOPTED' FY 01 -02 6 BUDGET; AND PROVIDING AN EFFECTIVE DATE. 7 8 Moved by Chair Robaina, seconded by Members � Wiscombe and 9 Bethel to approve this item. 10 : 11 Attorney Boutsis recounted that Mrs. Toomer was made a board 12 member of this Board. She then recused herself when this 13 application came before the Board. The application was approved 14, provided there was not conflict. Former General Counsel 15 Dellagloria issued an. opinion that there was a conflict. Mrs. 16 Toomer subsequently resigned from the CRA Board. After checking 17 with the Commission on Ethics, Mrs. Toomer's participation in the. 18 application process could constitute a violation and is 19 prohibited from doing business with the City for two years. 20 However to ensure there is no, appearance of any impropriety, her 21 husband could submit the application. 22 23 Member Feliu asked if Mrs. Toomer could re -apply to serve on 24 the CRA Board. -�5 26 Attorney Boutsis indicated that there is a one -year 27' restriction. 28 ' 29 Chair Robaina and Member. Bethel voiced their support of this 30 application. Mr. Toomer was further congratulated for the 31 beautiful improvements made to his home. 32 33 Member Birts- Cooper inquired if there was anyway to help put 34 the other homeowners in the area on the same track as the Toomer 35 family. 36 37 Chair Robaina said. that educating the people a-s to what 38 assistance is available is being done. He further indicated that 39 " South Miami High School has a Feeder Program where students were 40 looking to do community projects 'for community service hours. 41 This would be. a perfect opportunity to have these students to 42 come in and clean up the area. 4 3 44 Member Birts- Cooper suggested having a homeowners support 45 group where neighbors would come together for the sharing of 46 ideas on how to improve their properties. 47 48 Mr. McCants said a Homeowners Program for the Habitat 49 homeowners in the. area is under discussion with members of the 50 community and Habitat For'Humanity representatives. 51 52 Chair Robaina suggested forming a coalition of the Habitat 53 homeowners. COMMUNITY REDEVELOPMENT AGENCY 7 MINUTES - April 22, 2002. 1 2 After there was no further discussion the motion passed by a' 3 6 -0 vote. 4 5 Member Wiscombe: Yea 6 Vice Chair Russell: Yea 7 Member Feliu: Yea 8 Member Birts- Cooper: Yea 9 Member Bethel: Yea 10 Chair Robaina: Yea 11 12 CRA 7 -02 -95 13 8. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT 14 AGENCY APPROVING THE INCREMENT OF $1,360, FOR FRANK AND 15. EVELYN ROBINSON UNDER THE SINGLE FAMILY REHABILITATION 16 PROGRAM FOR ADDITIONAL IMPROVEMENTS TO THEIR PROPERTY 17 LOCATED AT 6531 SW 58 AVENUE; AUTHORIZING THE EXECUTIVE 18 DIRECTOR TO DISBURSE SAID FUNDS FROM THE SINGLE'FAMILY 19 REHABILITATION LINE ITEM OF THE ADOPTED FY 01 -02 20 BUDGET; AND PROVIDING AN EFFECTIVE DATE. 21 22 Moved by Chair Robaina, seconded by Member Bethel to approve 23 this item. 24 25 Mr. McCants explained that this is the second application 26 submitted by the applicants. They've received funding prior but 27 wanted to take advantage. of the full first level of funding by 28 applying for an increase. 29 30 After there were no comments or questions this item passed 31 by a 6 -0 vote. 32 33_ Member Wiscombe: Yea 34 Vice Chair Russell: Yea 35 Member Feliu: Yea 36 Member Birts- Cooper: Yea 37 Member Bethel: Yea 38 Chair Robaina: Yea 39 40 CRA 8 -02 -96 41 9. A. RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT 42 AGENCY SUPPORTING THE REDEVELOPMENT OF THE SOUTH MIAMI 43 GARDENS, COMMUNITY, AND PETITIONING THE. MIAMI -DADE 44 HOUSING AGENCY (MDHA) TO INITIATE THE REDEVELOPMENT 45 PROCESS FOR SOUTH MIAMI. GARDENS; AND PROVIDING AN 46 EFFECTIVE DATE. 47 48 Moved by Chair Robaina, seconded by .Vice Chair Russell to 49 approve.this item. 50 COMMUNITY REDEVELOPMENT AGENCY8 MINUTES - April 22, 2002 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Chair Robaina voiced his support of said that this would improve the quality of Miami. this initiative. He life for all of South Member. Wiscombe reiterated that nobody would be tossed out of this City through this process. He said that anybody who wants to come back would come back. Mr. Rosado shared that several people have come forward requesting the CRA'.s assistance in becoming homeowners.` Member Feliu shared that he was glad to hear this good news. Mr. McCants said through Consumer Credit Counseling eight individuals have qualified for homeownership. At the conclusion of this discussion the motion passed by a 6 -0 vote. Member Wiscombe: Yea Vice Chair Russell: Yea Member Feliu: Yea Member Birts - Cooper: Yea Member Bethel: Yea Chair Robaina: Yea CRA 9 -02 -97 10.' A RESOLUTION OF THE SOUTH 141AMI COMMUNITY REDEVELOPMENT AGENCY APPROVING THE PURCHASE OF AN INFILL LOT FROM PROFESSIONAL MANAGEMENT GENERAL PARTNERSHIP, INC. AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE UP TO . .$13,150 FROM ACCOUNT, 610 -0000 -219 -1340 ENTITLED "ESCROW- RESLDENTIAL REINVESTEMENT,11 TO PROFESSIONAL MANAGEMENT GENERAL PARTNERSHIP, INC. ;. AND PROVIDING AN EFFECTIVE DATE. Moved by Member Feliu, seconded by Chair Robaina to approve this item. Mr. Rosado said this item was mentioned under the Director's report. This particular property is located next,to the Red Road Apartment. In addition, the City has applied for a $90,000.00 CDBG Grant to be used to: purchase lots within the CRA area. The lots would be made available for Infill Housing. Vice Chair Russell inquired as to whether the City would have to, pay the property and: ad valorem taxes'. once it has purchased the properties. Mr. Rosado said the properties are exempt from the tax roll. However, as soon as a property becomes available for construction it is put back on the tax rolls. COMMUNITY REDEVELOPMENT AGE`1CY 9 MINUTES - April 22, 2002 1 At the conclusion of this discussion the motion passed by a 2 6 -0 vote. - 3 - 4 Member Wiscombe: Yea' 5 Vice Chair Russell: Yea 6 Member Feliu: Yea 7 Member Birts•- Cooper: Yea 8 Member Bethel: Yea` 9 Chair Robaina: Yea 10 11 CRA 10 -02 -98 12 11. A RESOLUTION OF. THE SOUTH MIAMI COMMUNITY 13 REDEVELOPMENT AGENCY ACCEPTING THE CONVEYANCE 'OF 14• PARCELS FROM" MIAMI -DADE COUNTY FOR THE PURPOSE OF 15. SINGLE - FAMILY INFILL HOUSING; AND PROVIDING AN 16 EFFECTIVE DATE. 17 18 Moved by Chair Robaina, seconded by Member Wiscombe to 19 approve this item. 20 21 Mr. Rosado explained that earlier today,' the City received a .22 call from.Miami -Dade County indicating that they were speeding up 23 the process. All.that was required on the part of the CRA was the 24 adoption of a resolution accepting the eight parcels. The next 25 step is to take this resolution to Miami -Dade County Commission 26' for its approval. 27 28 At the conclusion of this discussion the'motion passed by a 29 6 -0 vote. 30 Member Wiscombe: Yea 31 Vice Chair Russell: Yea. 32 Member Feliu: Yea 33 ` Member Birts- Cooper: Yea 34 Member Bethel: 'Yea 35 Chair Robaina: Yea 36 37 PUBLIC REMARKS 38 39 Mr. David Tucker, Sr., was afforded an opportunity for 40 comments. 41 42 Mr. Emmanuel Uche was afforded an opportunity for comments 43 and "provided a visual. presentation of a housing project his 44 company completed. 45 46 Mr. George Johnson was afforded an opportunity for comments. 47 48 CRA BOARD REMARKS 49 50 Each Board member was afforded an opportunity for comments: 51 COMMUNITY REDEVELOPMENT AGENCY 1�l MINUTES - April 22, 2002 1 'There, 'being no further business to come before this Body, 2 the meeting adjourned at 8:58 p.m. 3 4 5 Approved 6 7 Attest 8 9 CRA Chairperson 10 11 12 CRA Secretary 13 14 15. COMMUNITY REDEVELOPMENT AGENCY 11 MINUTES - April 22, 2002 SUMMED DADS COUNTY EMPLOYMENT .Recruitment on June 5th and-.7 Ih at the Head Start building 3pm to 6pm .[Dates may change] contact numbers 305- 668 -7237 or 668 -7236 James McCants or Lorraine Council 4 The City of South Miami Community Redevelopment Agency (CRA) Invites you to attend a JOB FAIR! The Job Fair will be held on Saturdav, June 1, 2002 At the South Miami Sr. Center from I 0 :00am to The Job fair will consist of a seminar from I 0:00arn to 12:00pni. Topics will include: JOB SEARCHING RESUiVES INTER VIE TPYNG SKILLS DRESSING FOR SUCCESS *Serninar topics will be taught by Officer Sawyer, Officer Guzman, and Sandra Garcia, City Social Worker, From 1:00pm to 4:00pm representatives will be available from' numerous job agencies ready to sign you up. Please call to reserve your seating, space is limited. Proper dress is required. There . may be employers there read), to hire! For more information, or to reserve your seat, please call James McCants at (305) 668-7236 or (305) 668-7237. SOUTH MIAMI DRESS, FOR SUCCESS' Your Community Needs You! When interviewing for a job, the proper attire is necessary. There are many individuals in our community who are trying to better themselves, but just cannot afford to buy the necessary attire for work. In keeping with our commitment to train and assist those in the community with employment, the CRA is seeking business clothing for' individuals, both male and female. Many of us have business shirts, ties, pants, suits, dresses, and slacks we no longer wear. We will be collecting these items from now until July 31, 2002. Please bring them on the hanger, if possible; to prevent wrinkling, as many of today's work attire.are "dry clean" only (which, as many of us know, is expensive). You may drop them off at City Hall with Sheila (the receptionist in the lobby) or if you have anyquestions, please contact Sandra Garcia, City Social Worker at (305)'669-0712 or (305) 750 -3536. South Miami All- AmericaCitY 1 m 2001 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Honorable Chair Date: May 28, 2002 and SMCRA Board 1 From: Charles D. Scurr Subject: Agenda Item # Executive Director CRA Board Meeting 6/11/02 Funding allocation for the S.W. 64`x' Street Traffic Calming project. REQUEST A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR TO ALLOCATE THE SUM OF 520,000 FROM ACCOUNT NUMBER 610 - 1110 - 513- 34 -50, ENTITLED "OTHER CONTRACTUAL SERVICES - INFRASTRUCTURE ", . FOR. CONSTRUCTION AND CONSTRUCTION ENGINEERING INSPECTION EXPENSES RELATIVE TO THE S.W. 64 rt1 STREET' TRAFFIC, CALMING AND WATERMAIN EXTENSION; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The City Commission conceptualized the traffic calming project to' establish road safety mechanisms and improve.the existing infrastructure, including the watermain extension. In December, the Commission approved a contract for Rock Power Corp. in the amount of $143,540.80 for roadway improvements at the intersection of S.W. 64`h Street and S.W. 591h Place. The projected cost for 111 lineal feet of 12 inch watermain requested by. the CRA is $20,000. This amount includes constructions costs, permit fees, and professional service expenses. The SMCRA budget' for the current fiscal year includes a line item allocation of $50,000 for Church Street and Infrastructure Improvements. Consequently, the remaining account balance after the $20,000 disbursement will be $30,000 RECOMMENDATION Your approval is recommended. N" 1 2 3 4. 5 6 7 8 9• 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31. 32 • 33 34 35 36 37 38. 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY 'AUTHORIZING THE EXECUTIVE DIRECTOR TO ALLOCATE THE SUM OF $20,000 FROM ACCOUNT NUMBER 610- 1110 - 513- 34 -50, ENTITLED "OTHER CONTRACTUAL SERVICES- INFRASTRUCTURE ", FOR CONSTRUCTION AND CONSTRUCTION ENGINEERING INSPECTION EXPENSES RELATIVE TO THE S.W. 64Th STREET TRAFFIC' CALMING AND WATERMAIN EXTENSION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the SMCRA desires to provide a watermain extension as part the traffic calming and roadway improvements for the residents of the City of South Miami and the CRA area; and WHEREAS, the SMCRA has allocated the sum of $50,000 in its TIF budget :for infrastructure improvements; and WHEREAS, in order to accomplish its objective, the SMCRA wishes to contribute an amount not to exceed $20,000 to the S.W. 64'x' Street Traffic Calming project. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1.: The SMCRA 'Board hereby allocates the sum of $20,000 from the TIF budget and authorizes the Executive Director to disburse said amount from account 610 -1 110- 513-34-50, entitled "Other Contractual Services- Infrastructure" for construction and construction engineering inspection expenses relative to the S.W. 64 "' Street Traffic Calming and Watermain Extension project. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2002. " ATTEST: APPROVED: SECRETARY CHAIRPERSON Board Vote: READ AND APPROVED AS TO FORM: Chairperson Robaina: Vice Chairperson Russell: Board Member Bethel: Board Member Birts- Cooper: Board Member Cooper: CITY ATTORNEY Board Member Feliu: Board Member Wiscombe: j To:, Gregory Jr Oravec, Director Date: December 20, 2001 SMCRA From: W. Ajibola Balogun, Director Subject: Projected Construction Phase Cost Engineering & Construction SW 64'" Street & SW 591h Place j Intersection Improvement Project, I Watermain Extension C 64'h St, As you know, the City Commission has approved Rock Power Corp. Inc. for the referenced intersection project for an amount of $143,540.80. The projected cost of the 111 lineal feet - of 12 -inch watermain requested by CRA is $20,000.00. The ' cost for stabilization of the sub -grade and applicable compaction required to bring the site to resurfacing state will be funded from other funds. Attached is the cost breakdown, to include anticipated cost for plan review /permitting. and system conveyance to iVliami Dade Water & Sewer Department. Should you have any questions or comments, please do not hesitate to contact me. END OF NIMENIORANDUNI c� � 1 A K r a r CL 0 r r 0I" r 0 O 0 Q 7 CA co CD -^ V)., V3 w w fD O1 5 (D C7 O to n � =' v X N CD (COD N . C.. CD — m a =1 " 3 "D m -� 0 C � 0 3 z ;a CD °nom O o m (n n�-a r o 0 �n o o 1 m m n no i W A CD Y O c m W N O 4 ° W M W o z 4 (D CT ~ fD (D W p b) m 'n O O N �_ N N z (D D OLA W N Q_ 0 I C A K r r r r r r r m (n CA N V3 w (A N . C � (D (D 1 i W A W N O W M W W p b) W O N N N O O OLA 0 I N o � � _ O co A N LO n 0 rj W O N Np .a O L O V O Q) W Q> A Jr-) CT O O O G RESOLUTION NO 7 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE . CITY OF SOUTH MIAMI, FLORIDA; RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT , WITH THE ROCK ' POWER CORPORATION FOR THE- CONSTRUCTION OF SW 64TH STREET & SW; 59' PLACE INTERSECTION IMPROVEMENT AT AN AMOUNT NOT TO EXCEED $143,540.80; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City 'C_ ommission wishes to provide traffic calming and roadway improvement for the residents of the City of South Miami, and WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction contract with Rock Power Corporation for the construction of SW 64h Street & SW 59`s Place Intersection Improvement for an amount not to exceed $143,540.80. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR ' AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The City received seven bids in response to the Notice of Bid Invitation advertised in the Miami Daily Business Review on September 17, 2001. Section 2: The engineering consultant review the bids and recommended that the contract be awarded to the lowest responsible bidder: Rock Power Corporation. Section 3: That the Mayor and City Commission authorize the City Manager to execute an agreement with Rock Power Corporation for the construction of SW 64t' Street & SW 59t, Place Intersection Improvement for an amount not to exceed $143,540.80. PASSED AND ADOPTED this 18th day of December , 2001. ATTEST: APPROVED_ : a CITY CLERK MAYOR Commission Vote: 5 -0 READ AND APPROVED AS TO FORM: Mayor Robaina: , Yea Vice Mayor Feliu: Yea . Commissioner Russell: Yea CITY ATTORNEY Commissioner Bethel: Yea Commissioner WiscombeYea Additions shovrn by underlining and deletions shown by ©�r�tfil�it I B CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: December 12, 2001 Agenda Item # From: Charles D. Scurr Comm Nl Itg. 12 -18 -02 City itilanager Re: Authorization the City Manaaer to execute agreement with the lowest responsible bidder for the SNV 64"' Street & SNV 591h Place Intersection Improvement REQUEST A R.ESOLUTIOti OF THE MAYOR AND CITY COtiI.NMISSI0` OF THE CITY" OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY tMANAGER TO EXECUTE AGREEMENT WITH THE ROCK POWER CORPORATION FOR THE CONSTRUCTION OF SW' 61T STREET & SW 39T'� PLACE INTERSECTION ItiIPROVE2MENT AT ,ek."! A.NIOt,rNNT NOT TO EXCEED S 143,540.80. BACKGROUND: The proposed SW 64?* Street �� StiV 59`h.Place Intersection .Improvement was advertised for construction bids September I'll, 2001. Sixteen contractors picked -up bid packages and seven contractors submitted bids. The bids were publicly opened on Friday, October 19. 2001 (the last day to submit bid) at 3:05pm. Since the bi-d opening.i the engineer of record has tabulated the bids. reviewed and evaluated. all bids, verified references. Eeritied bid.bond and met with the lo:"est responsible bidder (Rock Po,,ver Corporation) to n:lk.e sure the scope of %vork is clearl-,- understood as design and specified. The bid quantities and prices were revie, ed and corrected For mathematical errors accordingly: The Engineer of Record (Kirnley -Horn and Associates. Inc.) has submitted the attached letter of recommendation for Rock Po,,vei Corporation, The LVtiami -Dade Office of Community &: Economic Development (OCED) Nvill fund the construction activities throu",h our awarded 1995 & 1999 block grant. The recommended contractor has been submitted to OCED for approval. This recommended approval is su�,iect to OCED's approval. RE, E,COMiMEND aTION: It is recommended that the City Commission approve the funding for the tip: ork to be performed. ATTACHMENTS:' ❑ Proposed Resolution C) Tabulated Bids ❑ Certified Advertised Notice of Bid Invitation Engineer of Record's letter of recommendation D'ILY BUSINESS REMVIEV.,' CC�J,'47'4 OF YIAMI-OACE. u;l Z.- (XXX r' sa.c., zm' n S- X33 L nrr-, cr rsFurz: trie 34'11� INS :r�a S-:r,4 ard s ts C17� r M SOCKIE lS calsor SECTION.00020 NOT ICE OFF BID INVITATION 01'rf OF SOUTH MIAMI BID NO, Ciol.j Ole r..ij c! __um Miami Yml lacaiia saa!acl p,*:'pcSa's'-rtJ 3-r,-_ P.M Cctccer 13,,m, ?'.C! a: ma! a: 0 r a, SC t.:.m .1,1, ac-i. F.Z.� C a 331 S'I*i d4-h STR2=7 A :4 ;cca: S':-2a:S i5;' :0 a ;:7 Ma:,-1 I ans S:". cz:-.�!/ V.".Ca zi :7::a; E a 3`75; T - Z3 372-':c:a:- 1 C-C-l:a.%l i.A." -e<:c< A :ri is 3:2:2 a• c: ;Cca, W.3 Ir'a C,-:*.:r-.-::,* s Z: - 3,275: -'aCa. ;Z:rl. 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N3: P to s� J-iJ zi J1 kN nl ci joit 1A '19 '61 to zi J1 kN nl ci joit 1A '19 to L CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM South Miami NI- America civ 2001 To: Honorable Chair Date: June 6, 2002 and SMCRA Board From: Charles D. Scurr Subject: Agenda Item #A Executive Director CRA Board Meeting 6/10/02 Amendment of Resolution No. CRA 14 -01 -63 for the Mobley Property Purchase REQUEST A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AMENDING RESOLUTION NO. CRA 14 -01 -63 TO REFLECT THE TOTAL. LOAN AMOUNT OF $436,468 AS IT PERTAINS TO THE, INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) FOR THE PURCHASE. OF 5825 SW 68Th STREET (MOBLEY PROPERTY); AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS On June 4, 2001, the SMCRA Board adopted Resolution No. CRA 14 -01 -63 approving an Interlocal Agreement between the City of South Miami and the South Miami Community Redevelopment Agency, and authorizing a loan up to $400,000 for the purpose of purchasing the Mobley Property located at 5825 .SW 68" Street. However, the loan amount of $400,000 as indicated on the Resolution only included the face value of the loan and does not account for additional banking and financing fees. According to the audit findings reflected in the CRA audit report for fiscal year 2001, the Resolution must be amended to show a loan amount of $436,468. This total includes the loan value and all additional costs related to the purchase transaction. The amendment of the Resolution will accurately support the general ledger activity. RECOMMENDATION 1 Your approval is recommended. l• 0 1 RESOLUTION NO. 2. 3 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY 4 REDEVELOPMENT AGENCY AMENDING RESOLUTION NO. CRA 14 5 01 -63 TO REFLECT THE TOTAL LOAN AMOUNT OF $436,468 AS IT 6 PERTAINS TO THE INTERLOCAL AGREEMENT BETWEEN THE 7 CITY OF SOUTH MIAMI AND THE SOUTH MIAMI COMMUNITY 8 REDEVELOPMENT AGENCY (SMCRA) FOR THE. PURCHASE OF 9 5825 SW 68" STREET (MOBLEY PROPERTY); AND PROVIDING FOR 10 AN EFFECTIVE DATE. 11 12 WHEREAS, the SMCRA Board adopted Resolution No. CRA 14 -01 -63 approving an 13 Interlocal Agreement with the SMCRA and authorizing a loan up to $400;000 to purchase the 14 Mobley Property; and 15 r 16 WHEREAS, the SMCRA audit report completed for fiscal year 2001 indicates the loan 17 amount reflected on said Resolution should include the face amount of the loan and all banking 18 and financing costs associated with the transaction; and 19 20 WHEREAS, pursuant to the audit report finding No. 01 -ML -2, Resolution No. CRA 14- 21 0l -63 must be amended to reflect the loan amount of $436,468. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY 24 REDEVELOPMENT AGENCY: 25 26 Section I. The SMCRA Board hereby amends Resolution No. CRA 14 -01 -63 to 27 reflect the loan amount of $436,468. 28 29 Section 2. This resolution shall take effect immediately upon approval. 30 31 32 PASSED AND ADOPTED this day of , 2002. 33 34 ATTEST: APPROVED: 35 36 37 SECRETARY CHAIRPERSON 38 39 Board Vote: 40 READ AND APPROVED AS TO FORM: Chairperson Robaina: 41 Vice Chairperson Russell: 42 Board Member Bethel: 43. Board Member Birts- Cooper: 44 Board Member Feliu: 45 CITY ATTORNEY Board Member Kelly: 46 Board Member Wiscombe: 01 -ML -2 Criteria• During our procedures, we noted that The City incurred a start-up loan for the Agency. The total loan with all cost was recorded on the general ledger of the City and the Agency. The Agreement between the City and the Agency is for the face amount of the loan and does not include all banking and financing cost of the loan. Condition: The Agency's loan documentation should reflect the true amount of its outstanding liabilities. Recommendation: We recommend an amendment to the agreement between the City and the Agency to reflect the correct amount of the outstanding, IiabiIity. Reason Improvement heeded: - Supporting corroborating matter should support all general ledger activity. Manaaement Response: `The Agencv' shall amend the appropriate resolution to reflect principal' and other financing charges incurred from the origination of the loan. RESOLUTION NO. CRA 14 -01 -63 A RESOLUTION OF THE CHAIRPERSON AND BOARD OF COMMISSIONERS OF. • THE SOUTH MIAMI' COMMUNITY REDEVELOPMENT AGENCY APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF SOUTH MIAMI TO PROVIDE FOR A LOAN OF UP TO S400,000 AND APPROVING A REPAYMENT SCHEDULE FOR THE PURCHASE OF THE PROPERTY LOCATED AT 5825 SW 68TH STREET, SOUTH MIAMI; FLORIDA. WHEREAS, the City of South Miami (City) has created a South Miami Community, Redevelopment Agency (SMCRA) pursuant to Chapter 163, Part III, Florida Statutes; and WHEREAS, the City and the SMCRA ,desire to have executed an interlocal agreement providing for SMCRA budgeted funds to be applied toward the purchase of this building and property pursuant to the South Miami Community Redevelopment Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CHAIRPERSON AND THE BOARD OF COMMISSIONERS OF THE SivICRA AS FOLLOWS: Section 1. That the SMCRA shall repay. the City of South Miami for the loan of up to 5400,000 for the purchase of the property located at 5825 SW 68`h Street, South Miami, Florida, in four annual equal installment payments beginning in FY 01 -02. Section 2. That the four annual equal installment payments shall include any interest and or loan fees that.the City of South Miami incurs as a result of its loan to the SIACRA: Section 3. That the Executive Director is authorized to execute an Interlocal Agreement with the City of South Miami for such services, in substantially the form attached as Exhibit "l." Section 4. ' This resolution shall be effective upon adoption. PASSED and ADOPTED by a 4 -0 vote of the, Board of Commissioners this 4th day of June :,2001. , CRATRPPRgON ATTEST: i Y, X SE RETARY APPROVED AS TO FORM: . GENERAL CO EL BOARD VOTE: 4-0 Chair Robaina: Yea Vice Chair Feliu: Not present, Member Bethel: Yea Member Bowman:. Not present, Member'Russel1 Yea Member. Plummer.: Not present Member Wiscombe: Yea SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY INTER- OFFICE MEMORANDUM To: Honorable Chairperson Date: May 31, 2001 and CRA Board .From: Gregory J. Oravec f Subject: Meeting 6 /04/01 —�_ Director' �' �; Interlocal Agreement with the !1 (. City of South Miami- Mobley. Property REQUEST A RESOLUTION OF THE CHAIRPERSON AND BOARD OF COMMISSIONERS OF THE SOUTH MIADVII COMMUNITY REDEVELOPMENT AGENCY APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF SOUTH MIAMI TO PROVIDE FOR A LOAN OF UP TO $400,000 AND APPROVING A REPAYMENT SCHEDULE FOR THE PURCHASE. OF THE PROPERTY LOCATED AT 5825 SW 68TH STREET, SOUTH: MIAMI, FLORIDA. BACKGROUND AND ANALYSIS On March 5, 2001, the' SMCRA Board adopted Resolution Number CRA 7- 01 -56, which is attached for your reference, approving a contract for sale ,and. purchase of 5825 SW. 68h Street (the Mobley Property). In the staff memo attached to the subject resolution, staff indicated that it would bring the 'financing agreement to a subsequent meeting and identified the Florida Leaaue of Cities Florida Municipal Loan Council Program as the preferred financing mechanism. At subsequent Board meetings, staff indicated that the underwriters of the Loan Council Program and other lenders, such as the Municipal Services Group, are concerned over, the relative youth of the Agency. Therefore, staff proposes that the SMCRA borrow money from the City of South Miami to purchase the Mobley Property. The attached resolution and interlocal agreement would allow the. SMCRA to accept a loan of up to $400,000 from the City of South Miami. City staff has .proposed to make the loan from the proceeds that it receives through its participation in the Loan Council Program. The SMCRA, would be responsible for repayment of the $400,000 and any interest and /or loan fees that the City incurs on the loan made to the SMCRA. The remaining balance, on the purchase of the Mobley Property is $430,000. Thus, with the $400,000 loan from the City, the SMCRA could utilize .1unding appropriated for land acquisition in the FY 00 -01 Budget (currently, $74,000) to successfully close the purchase of the Mobley Property. The proposed resolution and interlocal agreement provide the SMCRA's most viable and cost efficient option to successfully finance the'Mobley Property. RECOMMENDATION Your approval is recommended. A DRAFT - 4/17/01 INTERLOCAL COOPERATION AGREEMENT THIS INTERLOCAL COOPERATION AGREEMENT (Agreement) is made this day of 2001, between the City of South Miami, Florida, a municipal corporation (City) and the South Miami Community Redevelopment Agency,* an agency created pursuant to Chapter 163; Florida Statutes (Agency). ` WHEREAS, the Board of County Commissioners of Miami -Dade County, Florida (Board) adopted Resolution No. R- 1374 -96 on December 3, 1996, which, among other things, declared that a . slum or blighted area existed . in a geographic area; described generally as bounded by S.W. 62 "d Avenue on the West, S.W. 62 "d Street on the North, S.W. 57h Avenue on the, East and S.W. 72nd Street on the South, (Redevelopment Area), determined that it was necessary to redevelop the Redevelopment Area in accordance with the provisions of Part III of Chapter 163, Florida Statutes (Act), and delegated to the City Commission of the City of South Miami, Florida (City Commission) the authority to exercise the redevelopment powers conferred upon the Board within the Redevelopment Area in accordance with the Act to enable the City Commission to declare the need for, create and delegate powers to a community redevelopment f agency and to initiate, prepare and adopt a. plan of redevelopment for final approval by the Board; and -WHEREAS, the City Commission, pursuant to'Ordinance No. 12 -97 -1633 'enacted on April 16, 1997, accepted.a delegation of powers from the Board, found a need for and created the Agency, declared the members of the Citv Commission to be members of the Agency, granted the Agency the power to exercise all powers permitted by the Act which were delegated by the . Board to the Agency and directed the initiation, preparation and adoption of a community redevelopment plan by the Agency; and WHEREAS, Chapterl63, Florida Statutes, provides for the provision of community - oriented services; .and WHEREAS, the City and the Agency wish to enter into this Agreement in order to provide for the purchase, of property in the Redevelopment Area. NOW, THEREFORE, the City and the Agency agree as follows: Section 1. The City shall fund -money for the acquisition of property located at 5825 S.W. 68h Street, South-Miami, Florida, such property to be titled in the Agency.for purposes of a City /SMCRA Multi - Purpose Center. The principal loan provided by the City for this purpose shall be an amount not to exceed .'$400,000. Section 2. The Agency shall repay the City for the acquisition in four annual equal installment payments. Section 3. This Agreement may be amended only by written agreement signed by the City and the Agency. Section 4. This Agreement shall be effective upon execution of the parties and shall be subject to any required review and approval by Miami -Dade County. IN WITNESS WHEREOF, the parties executed -this Agreement this day of 2001. CITY OF SOUTH MIAMI, FLORIDA, SOUTH MIAMI - COMNNIUNITY REDEVELOPMENT AGENCY By: By: City Manager Executive Director ATTEST: ATTEST: Bv: By: City Clerk Secretary APPROVED AS TOTORM APPROVED AS TO FORM City Attorney General Counsel RESOLUTION NO. CRA 7 -01 -56 A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT .AGENCY (SMCRA) APPROVING A CONTRACT FOR SALE AND PURCHASE OF THE PROPERTY. LOCATED AT 5825 SW 68 STREET; AUTHORIZING THE EXECUTIVE DIRECTOR AND GENERAL COUNSEL TO EXECUTE ALL NECESSARY DOCUMENTS AND PERFORM ALL NECESSARY INSPECTIONS. WHEREAS, the South Miami Community Redevelopment Agency (SMCRA) is committed to achieving holistic neighborhood revitalization through physical, economic and social. development; and WHEREAS, to achieve neighborhood revitalization, the SMCRA is granted powers by the State and County, including the ability to purchase property; and WHEREAS, the Chair and SMCRA Board desire to purchase the property at -5825 SW 68 Street in ,order to 'implement several redevelopment initiatives -which will positively impact the . community's quality of life and:effect physical, economic and social development. NOW, THEREFORE, BE IT RESOLVED BY CHAIRPERSON AND IMEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. That the Contract for Sale and Purchase in substantially the form attached as Exhibit "I," is approved. Section 2, That the Executive Director and General Counsel are authorized to execute all necessary documents and perform all necessary inspections. Section 3. That the resolution shall take effect immediately upon approval. PASSED and ADOPTED by a' 7-0 vote of the Board of Commissioners this 5th day of March ,2001. CHAIRPERSON . ATTEST: BOARD VOTE: 7 -0 Chair Robaina: Yea §&R ETARY Vice Chair Fel i u: Yea Member Bethel: Yea Member Bowman: Yea APPROVED AS TO FORM: Member Russel I Yea Q Member Plummer: Yea Member Wi scombe : Yea I n 0 UT SOUTH MIAMI COMMUNITY. REDEVELOPMENT AGENCY INTER- OFFICE MEMORANDUM To: Honorable Chairperson Date: March 1, 204 and CRA Board From: Gregory J. Oravec Director c Subject: Meeting 3105 /01— Contract to purchase 5825 SW 681h Street REQUEST A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SNICRA) APPROVING A CONTRACT FOR SALE AND PURCHASE OF THE PROPERTY LOCATED AT 5825 SW 68 STREET; AUTHORIZING THE EXECUTIVE DIRECTOR AND GENERAL COUNSEL TO EXECUTE ALL NECESSARY DOCUMENTS AND PERFORM ALL NECESSARY-INSPECTIONS. BACKGROUND & ANALYSIS The attached Contract for Sale and Purchase of 5825 SW 68 Street, the "Mobley" Property, is the result of several months of discussion. between Mr. Alan Dale Mobley.'property owner, and SNICRA staff. The attached map (Attachment "A ") demonstrates that the subject property is bordered to the north and west by the City of South' Miami's. Murray Park, to the east by an office building and to the south by SW 63`h Street. Along with Murray Park, the. property is just east of the geographic center of the South Miami Community Redevelopment Area. The subject property is approximately 18.375 square feet in size and is improved with an approximately 6,528 square foot office /warehouse building which was constructed in 1983. The building is divided into four bays. Each bay is separated internally by a concrete block wall and has its own ingress /egress. Each bay is currently leased to a private tenant. The purchase of the subject property would result in the following significant benefits: Park Improvements As the City of South Miami's Consultant,-MC Hang Associates, has progressed through its master planning' of Phase II of the Multipurpose Center at Murray Park, the benefits of acquisition of-the subject• property have become increasingly evident. The purchase sand inclusion of the subject property in the park campus would result in several design enhancements: ' It would facilitate the construction of a swimming pool (a community dream). allow a significant portion of-the Parks & Recreation administrative space, to be moved out of the "Gymnasium" . Building, thereby maximizing programming space, increase on -site parking, allow additional recreational programming such as the warm -up track and provide for better buffering of the park from the surrounding residential .uses: Economic Development The SMCRA Board has already initiated the SMCRA's economic development initiatives by. approving Micro- Business USA, (formerly known as Working ' Capital Florida). ' Micro- Business USA provides the teaching and start-up capital necessary to launch small businesses. Most of the business owners begin at home, but where do the fledgling businesses go as their businesses expand? There are zoning regulations against home businesses, and the South Miami and Miami -Dade County real estate markets are too expensive for these fledgling businesses. The 6,528 square foot office /warehouse, building provides excellent space fora small -scale business incubator. The four bays and the building's 22 -foot ceilings can accommodate a variety of businesses simultaneously, allowing the SMCRA to offer fledgling businesses a place to grow. Through this incubator, the SNICRA will greatly enhance economic development in the Redevelopment. Area and surrounding community. SMCRA Office Location .Although it is slightly east of the -geographic center of. the neighborhood, if the property is integrated into the Murray Park site, it will be at the heart of the community. The proposed Phase II master plan includes SMCRA- office space in a new administrative annex to the Mobley, building, giving the SMCRA office space and a presence in the very heart of the community it strives to serve. Additionally, the SMCRA office space would be collocated with the Parks & Recreation Department. The City has agreed to provide the SMCRA much -need office support through the Parks & Recreation Department. FY 2000 -2001 Goal 2: Clearly demonstrate the potential of the .Agency and of the Community. This goal states that the , SMCRA must clearly demonstrate the potential of the Agency —to greatly enhance the quality of life in the CRA Area -and of the Community —to be a dynamic, prosperous community with a high quality of life and high levels..of municipal service —by focusing on CRA projects and or, programs which represent longstanding dreams of the community. Phase II of the Multipurpose Center, a swimming pool and local, businesses —all dreams and hopes of the Redevelopment Community, all can be significantly assisted through the SMCRA's purchase of the subject property. The purchase would undeniably demonstrate that the Agency can help'the co'. mmunity realize its'.dre'amsand improve the quality of life. Staff proposes to realize the above - described bdnefts at a fair market value. The proposed contract provides for a total purchase price of $430,000, which is the'appraised fee. simple market value of the property as determined by William John Eisnor, Jr., SRA, SRPA,.MAI, a certified property appraiser in the State of Florida. A summary of the property appraisal is attached as Attachment t' B." The Contract provides 'a sixty -day inspection period which allows the SMCRA to make all necessary environmental and building inspections and secure financing. It is important to note that if the SMCRA finds the property unacceptable for any reason whatsoever, such as contamination or an inability to secure proper financing, the SMCRA may terminate the contract without penalty. General Counsel will,comment on other noteworthy provisions of the contract at Monday night's meeting. Staff proposes to finance the property by borrowing from the Florida League of Cities Loan Florida Municipal Loan Council Program. This is the program.that the City is using to finance the required match for Phase II of the Multipurpose Center at Murray Park, and it offers extremely, competitive rates and terms. The current interest rate is estimated at 4.4 %. The program raises the funds to be loaned by issuing bonds. However, the next.series of bonds will not be issued until May. This timing may preclude the SMCRA from receiving the funds before the end of the SMCRA's inspection period -on the property. Therefore, the SMCRA proposes to utilize the Program's interim line of credit. A resolution authorizing the SMCRA's participation in the Florida Municipal Loan Council Program and a corresponding memo discussing the details of the program will be presented to you at your next meeting. Given the anticipated benefits and terms of the contract, the purchase of the subject property represents an excellent opportunity for the SMCR-A to profoundly impact the Redevelopment Area in a positive manner. RECONINIENDATION Your approval is recommended. 0 CONTRACt' M SAL} ANU P lRCIIAS IIARTIE : MAIILF, A. MOULF.Y, hcing the uorcnsarsicd widow of WALTER A. MUBLFY, Mcatscd, having a hailing address in cue tsf Alan Dale Mnhicy, Tnssice, P.1). Box 43.1436, South Miami, 1lnrida ,l 1.d3.14 iA, (Tat (_dentiricelion Number: 243.22.1612), as 'Seller". and SO1ITI1 MIA{►II COMMUNITY RFUF :VF :LUf1p1F :NT AGENCY (SMCRA), a _ _ , havinr A mnilint, astdtt i in care of the laity of South Miami, 6130 Sunset Drive, South Miami, Florida 33143 ( It ntiom: ) a1 "lluyn ", hcrchy agree that lbe Seiler shall .cell, and the Iluycr shnli buy, lite folluw•inS pr,tlx ty "Real Pruperty" upon the 1'6110wiug 11 crull acid cundilions: I. DESCRIPTION: i.cgal description nroic Pruperty located its MIANII -UADF ('utility, Florida. A. Read 11rooerty; 'Ibe legal desetiptiun of llte real propcny Inealed in dllAlr,11 -UAUE Coolity. Melilla situate in the vicinity ul'3825 S.W. 681h Street, South Mlismi, Miami -Dade County, hlnridn (Ilse "lien[ Property') is as follows: 1.011 IA, 19, 20, 21 and 22, in [[luck A, of IMAL;1'Y SECURITIFS CORPORATION'S TOWNSITE.OF LAiMINS, according to Ilse I'lat thereur, as recorded in flat ilook 2, Page IUS of the Public Iteeardt uC Milinal -Uade County, Florida. I I . iami- naois, rat [rutty No.: o9- 402s•o2s -o93U Mic Real Property is referenced as the building and impruvemcnts gcneratty dcscribcd as fullo +rs: One (1) buildingt with ruur (4) Suites and eonligunits parking lut. U.. Personal Property: The description and invcntnry of the Personal Properly also being sold with the Real Property, if any there he, Arc lhasc helot speeifictdly itemized on F.shlbil "A" Attached heictu, nod by this reference enpressly made a part hereof and located on the Real Property (the "Personal Property"). (NOT .- Tire Reul Nopeity and personal ittopetly shall be collectively dcscribcd its she "Pruperty" bcicin untcst individually designated.[ •T11F rROVEI TY 1S 11F1NC SOLD IN "NYHERE IS, AS IS" CONDITION WITIIOU'I WARRANTIES OF ANY KIND. - r THIS SALE AND PURCHASE IS A SALE IN GROSS OF THE PROPERTY I)I?SC'IMIED IN TIIIS CON'1' RAC. r (IN(:l.US1VF OF AI.L L'X1Sl'1N(i Idll'itUVF;iIEN -rS 51l'UATE ON TI IE REAL I'(tOPFitTY. F.ASF.AiFNTS. AND APPURTENANCES 71IF.RC170). 2. PURCHASE PRICE ......................................................................... ............................... S41U.000.Uu Payment: (a) Contract Deposit in the amount of. ..................................... ............................... S 41JU0.01) (u) Additional Deposit in Ilse anwunt or .............................. ............................... S 17,260.11t1 (c) llalance to close:(U S. wire tran.tfer, LOCALLY DRAWN cerlitied or esthier's clicck) suh,)ct'1 10 alijusilncnls mid pnimtinnt .... ............................... I IU-3 500.00 TO*I AI.: Y s43o,000.00 Mis sule •rod purchase is an ALL CASII tsaosaction without assy contingency for ;ny financing lium any sunrce. All payments by Buycr pursuant to this Contract shall he nsnde in U.S. funds. 3. EFFECTIVE DATE; The date of this Contract ("Effective Dale ") will he IIIe date when the lao time of the ttuvcr and the Seller has signed this Contract. I 4. 1 C 1'' I'1': 'Ihe Uuycr shall dcpusil the total sum of TWENTY -ONI: Ti[OUSANU f IYF: 11UN111 M ANU NO100 (.$21,540.00) DOLLARS wills LAWYERS ITTi.F. 1NSiMANCE CORPORAL ION, Suite 2660, Fitst Union National Bank Building. 200 Suinh fliscayne Boulevacd, Miami, Florida 33131 (Aticnliuni Mr. Grcg'Lcit) (Ihc'Escrnw: Agent "), payable to the Fseruw Agent m follows: (a) S4,300AU coucurtcully with Dmyer's execution of this Cuntract (the "Contract Dtpusll "); arid (h) 517,200.011 piynhhe no Inler than three (3) duys (rum espirwtion . urthe Inspecfinn Period (as Lcrcinat►cr dcfnicd) {the "Addlthmal tyepusit "). (The (:nntract 1)epnsil and Addi(iuual Dcpaiii shall be collectively referred In at the. ",Deposit "). Tlic Deposit shall be rctuhlyd io Ihe 1?srmw Armil h) check, subject to clearulee, and shall he held by the Escrow AXcnt in an interest - bearing account wilhow pt•nnlly for early,%vithdrawal. 'Ihe Esctasv Agent shall dcpotit flit Depoaii upon receipt of an migiunl AdIv c nrcolcd (: online[ and shall otherwise chide by and operalo pursuant lm the fuillter leans of this Cwilrncl PC] laisiirig In the IkposiI and escruw of fhc same and Ihe slandard escrow provisinnt of lscrow Agent set forth below in this Cutili act, stibieet duly to mutually algrecd upon utudificatimn nw may be executed by Ihe pnrtics hereto in writing. All,references in this Contract to (lie "Mpusit" shall be dcnncd to include oily interest which is earned Iliercnn.svhit all'mleresl in nil instances to be paid In the patty entitled to rcccive the I )epasil, with the exception Ilmt it the Iluycr closet thin call •af " U,t• �1 alt - An` MMI ni7aMr f, . M-r. 17,"ro f)' I A,1M ('urt0ucf rur,Sttle.:1ut1 Purc•larse and purchase pursuant to this Contract, all interest on the Deposit paid to Seller shall be credited to Buyer against the purchase Price. In all events, if Buyer does not cancel this Contract within the laspect(on Period (as hereinafter deflned), the parties hetmby acknowledge and agree (and so direct the F.scnrw Agent) that the Deposit (inclusive of all accrued interest thereon) shall behmg to the Seller, and said Deposit thereaftershall M this sole property of Seller and earned in fiill by Seller to compensate Seller fur taking the Real Property off of the market and to compensate Seller fir liquidated damages that are difficult to calculate with mathematical precision. Provided that the Seller is not in default under this Contract and the Buyer has not elected to cancel this Contract and receive a refund of the Wposit during the inspection Period (as hereinafter defined), the Escrow Agent is hereby directed to pay the Deposit (and all accrued interest thereon) directly to die Seller upon the first occurrence of: (a) closing this transaction with the Buyer; or (b) any default by Buyer under this Contract (its which event the provisions of Paragraph 23 below shall be applicable). 5. TITLE EVIDENCE: No later than thirty (30) days from the Effective Date of this Cantraet, Seller shall deliver to Buyer (or Buyer's counsel), at Seller's expense, a title insuraneet:ommitmcnt (with a copy of all applicable title exception insuutnents) (the "Title Cumrlhatent ") issued by LAWY ERS TITLE INSURANCE CORPORATION (the "Title Company ") agreeing to issue to Buyer, upon recording of the Deed(s) to Buyer, an owner's policy of title insurance in the amount of the Purchase Price (with all premiums paid at closing at Buyer's expense) (the Mile Policy "), inswing Buyer's title to the Real Property, subject to the pcmritted title exceptions as set forth in "Annex 1" attached hereto and by this reference expressly made a pert hereof (collectively „the "Permitted Title Exceptions ") and additional matters, it any there be, materially and adversely affecting the marketability of title to the Real Property being conveyed by Seller pursuant to the Deed(s) which shall be discharged by Seller on or before Closing (as hereinafter defined). Seller shall convey a marketable tide to the Real Property by Special Warranty Uced, subject to Permiuett Tide Exceptions and other matters, liens, encumbrances, exceptions or qualifteadufs as specifically set forth in this Contract. Markeiahie title shall be dctcnniucd according to applicable Title Slandiutis adopted by authority of The Flurida Bdr and it, at ctxd:uuce with law. !f title is found defective for any reason not noted in this Contract, Buyer shall, nut later than the expiration of the hispection Period (as lrereinafterdefinod) (the "Title E37(nivallon Period "), ratify Seller in writing specifying any alleged defects) or objection (the "Title OhJectiuu Notice "). If any such title defect(s) exist which are not noted in the Permitted Title Exceptions or this Contract and which tender title unmarketable, Seller will have 120 days from receipt of the Title Objection Notice from Buyer within which to remove the defects) (but without any obligation to file any lawsuits), failing which Buyer shall have die option either to accept the title as it then is, or to demand a refund of Deposit paid (including all interest earned thereon) which shall immediately be paid to the Buyer, whereupon Buyer and Seller shall release unc another of all further obligations under this Contract. In no event shall Ilse Seller be required to file suit to cure any title defects not directly caused or created by the Seller. By agreeing to the provisions of this Paragraphs, it is the express intent of Seller and Buyer that the Buyer mast examine title and report as to rIJ existing title objections created or caused by the Seller or otherwise withui the Title Examinalion Period. IT IS THE INTENT OF THE PARTIES THAT RVYER SHALL HAVE THE RIGHT TO REVIEW AND APPROVE ALL MATTERS OF TITLE, 1NCIAIS1VF.OF THE PERM ITTED TITLE EXCEPTIONS, DURING THE TITLE EXAMINATION PERIOD.' IN THE'EVEN'I BUYFR OBJECTS 'rO ANY OF THE PEILMITTED TITLE EXCEPTIONS 11l1NINC THE TITLE EXAMINATION PERIOD, SELLER SHALL HAVE NO OBLIGATION TO CURE ANY SUCH PERMITTED TITLE EXCEPTIONS. BUYER'S REMEDY INTHAT EVENT IS TO CANCEL THIS CONTRACT PRIOR TO THE EXPIRATION OF THE INSPECTION PERIOD (AS HEREINAFTER DEFINED). IN THE EVENT BUYER FAILS, NEGLECTS OR REFUSES TO PROVIDE SELLER WITH THE TITLE OBJECTION NOTICE WITHIN THE TITLE EXAMINATION PERIOD, BUYER SHALL BE DEEMEATO HAVE ACCEPTEDTIIETITLE TOTHE REAL PROPERTY THROUGH AND INCLUDING THE DATE OF THE TITLE COMMITMENT. In all events, the acceptance of the Decd(s) by Buyer shall be deemed to be fail performance, and a discharge of every agreement and obligation on.the pan, of Seller to be perfomied pursuant to this Contract, except for those matters which are specifically set forth in this Contract as surviving the Closing (as hereinafter defined). b. CLOSING DATE: This transaction shall be closed and the Deed(s) and other closing papers delivered to cause con veyancto f title to the Real Property twenty (20) Jays fuIlowing the expiration of the Inspection Period (as hereinafter defined) (the " Closing Date "). 7. RESTRICTIONS; EASEMENTS; LTNIITATIONSt in addition to the Permitted Title Exceptions, Buyer sliall tuke title subject to: all present and future building code regulations and requirements, zoning codes and regulations, restrictions, prohibitions, ordinances, resolutions and other requirements and orders of general al,plit:ahility issued or imposed by any governmental authority (provided shut due same do not rcndtsrthe title to the Kcal Property unmarketable as pruvided in Paragraph d abuve in Ibis Contract); restrictions and matters appearing on the plat or utlicrwise cummun to this subdivision; oil, gas and mineral rights (if thara is no right of entry); public utility casententsuf record; taxes and assessments for the year of Closing and subsequent years; municipal and county waste and garbage collection charges and all other similar charges, if any, which are not yet due and payable as of the Closing Date; the Pernrined Title Exceptions (subject to any applicable proration(s) pursuant to Paragraph 21 below in this Contract); and any other matters disclosed or otherwise provided for in this Contract as being the responsibility of the Buyer. 8. cirrI!PANCY; Seller warrants that, an the Closing Date, there will be no parties in occupancy of the Real Property other than Seller and the Tenants (as hereinafter defined) disclosed to Buyer pursuant to this Contract. Seller agrees to deliver, occupancy of the Real Property at time of,elusing unless otherwise stated herein. if occupancy is to be delivered before Closing, Buyer assumes all risk of loss to the Property from date of occupancy, shall be responsible and liable for maintenance from that dote, and shall be deemed to have accepted the Property Net I ur I.' total pope 1.431 Revillan Vale. r ay, , era , Contract For Sale And Purchwe 0 in its existing condition as of time of taking occupancy unless otherwise statol herein or in a separate writing signed by Seller and Buyer. 9. NFAi, PROPERTY INSPLrC[iON: Buyer's duly authorized agents and representatives (00114111- inspectors and representatives of any governmental authorities) shall have the right, at Buyer's sole expense commencing on the Effective Date of this Contract and continuing for SIXTY (60) DAYS subsequent thereto, to entcr into and upon the Real Property and all parts of all improvements thcreoa to make private iaspeetion(s) and examine the same for any reasonable purpose required by Buyer as well as to do all` other things which are reasonablynecessary and proper to evaluatethe Property ( the " Inspeetion Period ") provided that all such inspections: (al are made after Curry-eight (411) hours prior written notice by telefax to Seller; (b) do not darnago or materially and advcrsely affect the Property; (c) du nut unreasonably interfere with, injure or damage any tenants or other parties lit possession or occupancy of the Property or their property; and (d) are made in coordination with Seller's designated representative (being ALAN DALE MOBLEY. unless Seller notifies Buyer to the contrary during the aforesaid forty -tight (48) hour pre-inspection notice period. Buyer also agrees not to interfere with Seller's relationship with, or otherwise disrupt or disturb, any existing Tenants (as hereinafterdeftned) occupying all or any potion of the' Real Property, and to repair all damage to the Property caused by Buyer (including that of Buyer's agents and representatives)and to indemnify and hold Sellerharmless from and against all claims, demands; actions, suits, damages, injuries and liability of all kinds whatsoever arising directly or indirectly its a result, of any of the foregoing inspections. Buyer further agues that none of Buyer's duly authorized agents and representatives shall enter upon'the Real Property without tint providing proof of comprehensive general liability and casualty insurance from a reputable insurer duly licensed to issue insurance in the State of Florida with a Best's Insurance Guide rating of 11t or benar in a sum of not less than 51,000,0N) at Buyer's sole expense, which insurance shall also be reasonably acceptable to the Seller which shall insure and protect Buyer and Seller. Seller agrees to reasonably cooperate with Buyer's duly authorized due diligence inapcutiuu mpresentativas in the event any intorntation which is material and relevant to imspct:tiuu of the Property is known only to Seller and not otherwiso obtainable front readily available public resources of such information. ' In the event the Property is unacceptableto Buyer for any rcasoawitatsoever (including, without limitation, title and/or survey objections, inability to obtain desired third party financing, environmental problems), prior to the c%piration of the Inspcctiun Period Buyer, acting in Buyer's solo discretion, shall so advise Seller in writing and state that Buyer intends to terminate this Contract (the "Property Objection Notice "). Asa condition of such termination, Buyer shall provide Seller with a copy of all of Suyer's inspection reports securcd from third part' sources, including %0buut limitation all structural s:udi:s and reports, surveys, environmental reports and all other due diligence, information secured or held by Buyer pertaining to the Property or this transaction (but not intended to include Buyer's internal memoranda and direct communications herween Buyer and Buyer's legal counsel separate and apart from any such third party icupection reports secured by Buyer). Provided that Buyer is not in default, Seller shall cause the Escrow Agent to refund any Deposit paid by Buyer pursuant to this Contract, and this Contract shalt be canceled and each party released of all further liability hereunder. IN ALL EVENTS, iF BUYER FAILS, NEGLECI'S OR HEFL'SES TO CANCEL THIS CONTRACT AS PROVIDED IN THIS PARAGRAPH WITHIN THE TIME PERIOD PROVIDED THEREFOR, BUYER SHALL ACCEPT THE PROPERTY IN ITS EXjS'r1NG "WTiF.RE IS. AS IS" C.O DIT N. Within five (5) business days frurn the E•ffecrive Date.of this Contract. Seller shall make available for Buyer's review And impcciiun at Seller's office doe fallowing doeutttenls, to the extent any exist and are in Seller's pu»ussiun avid coulrol ;md cannot be secured by Buyer from third party sources during Buyer's due diligence inspections during the Inspection period: (A) guarantees, warranties and service contracts (including without limitation garbage, termite, property management ,roof maintenance, natural gss, elevatorand any othcrmaintenance agreements); (B) insurance policies (including, without limitation, fire, flood, casualty, liability, wind, loss of rents and workmen's compensation); (C) existing licenses and permits; (D) written Leases, or summary of any unwritten month- tomonth Leases(as those terms are ltereinafterdefined), of all Tenants presently occupying the Real Property, and any additional and relevant rent roll information not supplied in Exhibit "B'• attached to this Contract (all of which the Buyer acknowledges is proprietary Information of the Seller); (E) building plans tot the improvements on the Real Property; and (F) any existing surveys of the Real Property. The aforesaid documents may he temporarily surrendered by Seller to Buyer for the sole purpose of photocopying the same, provided that all such documents arc returned and delivcred to Seller at buyer's sole expenses in the same condition and order as received from Seller within forty-eight (48) hours frurn the date and time of Buyer's receipt of tho snme. If, far any reason, .feller foils or neglects to fully comply with the provisions of this Paragraph within the time period allowed therefor, Buyer shall telafax a courtesy nutice to Seller and Seller shall cure such non- compliance no later than five (5) business days fruit (toe date of rccuipt of Buyer's cuuttesy notice to the extent Seller is reasonably abie to do so. BUYER ACKNOWLEDGES AND RECOGNIZES TIIAT, AS PART OF MAKING THIS CONTRACr, SELLER HAS MADE THE FOLLOWING DISCLOSURES REGARDING THE PROPERTY WITHOUT WARRANTY OR REPRESENTATION: (A) Seller rt:presentsin Buyer that Seller previously has riled a Petition with the Miaml -Dade County Vrluation Adjustment board which enntesttd the Rliami -Dade County Property Appraiser's assessed valualtua or the Real Property for 200U. Pending resolution of this Petition; the :000 ad valorem taxes are currently unpaid on the Real Property. In the event the full amount of all real property , taxes due on the Real 11ruperty fur Ilia 2000 tax year are not pall In dill on or before the Closing tee U1 11 goial paaet - .wt rvjouis 114ic. FrWay. htarc , : Contract For Salt And Purchase Mie. Seller consents and asrces thni a snin equivalent to .sucis unpaid lase shall he df%hussed sal of seller's prucecds of this talc lntu Itstrnw with she F-acruw Agent until such lanes ere paid.. (li) Certain addllluss slid buroroveweuls have been sonde to flit 1roperty lty prior and curreul truants, and certain personal properly is slnrcd rot the'lleal Properly, which sire the piuprt ly of Ilse respective leaants. mild therefore lhete additluns, impruvcalcals and personal pMiterly may lie suhitel j to removal upon floe Iraanls vticsting the Rcnl Property, An inrentury, or addlQnnt and fmprovtmen Its Itulalled by lite Tewnts nhich are presently knnwn to Seller is Itemized in Exhlbil "A" atlaclial hereto and by this reference expressly made a part hereof. Notwllhstanding any expiration td lice fnrcgning inspection Period wlllinut prier canrellnrinn of Ihls t'unlrurl by Ilnyer. the parties Acknowledge and agree that Ilnyer (sprouts prier appuinlmctrt with Seiler in the manner provided above In Ibis Paragraph 9) Islay walk lloruugb the Real Pn+perty prn+r lu lilt Closing Dale sulrly to verify that Seller has fulfilled Sclicr's contractual ubllgailuus, sold to eontlrm that the eundltlun ur the Real Property has nut changed in a uuuner tualcilal and adverse to the Moyer frntn the expiration dale of Ilse . luspeetion Period. No other issues may be raised as a result of the walk-through inspection. 10. IJItY : Y: Buyer. at Buyer's soli: expense and within the Inspection 1'critkl, may (but shall nut lot: obligated lo) cause the (teal Properly to be fully suive)ed by a Florida licensed surveyoror engineer. Irsuch, it -.un-ey is obtained by lluycr, llte survey shnll comply with Chapter 472, Florida Slatutes, lit well as lisp Mininnn+w Technical Standards set rt+nh by the Florida Itoard a i,ntfessiunnl I nod Snrveyort in the Florida Ailininkirative Code, As nmcritled, Inv Land or Hsnnd :spy, Surveys, A% defined therein, and the survcy'nr or engineer shall t:crlil''v cumliliance thcrewitl%; the surveyor %hill provide on the survey.accutate and complete legal descripliona for all Ilse Real Properly: asd the survey shahs be anilicd %vilhout qualirteation to the Seller. Buyer, resiacctive ct+unscl for Seller and Iluycr, the Tillie Conq+aoy ot+d any other parties designated by Buyer under seal by the afuresoid Florida licensed surveyur Ise engineer (llte "Survey "). the Survey shall abxo: (i) he dated uu earlier Ihnn Ilse C•I'rcclivc Bale of this Contract; (ii) delineate lilt Initindary titles urilsc Real Pnspusty; (iii) tclltct and tltxrit,c any cascmctd% trod rights -ur-way dtercuu, recorded or ullln%vise, as well as all roadways and other nt:liters apltcaritig of rucurd or required to he graphically or legally ticscnhcd under 1'Inrida law; (iv) evidence the elevation of the Real Prulxrty and state whether the heat Property is located within a Iluud zone; (%•) evidence the Incaiinn and sixties of attiuininit streets; and (vi) be otherwise surocicnt rnr lite 'tithe Cotupany to issue to Uu)cr the tiovncr's title in% uraocc policy without including any standard survey exctp(iun (unless applicable to the Real I'mretty pursuant to the pto%ision% of Paragraphs 5 and 7 above in this Contract). 11' Ilse Survey shows any encroaclmtcnt un the kcal Ihuperly, nr that linpruvrmenl% located ml the kcal Properly encroach on setback Imes, eascrncni.s, Innds lot' others or violate any rextrictinns, %rn +tract covenants (including, without liutilation, any Seller reprmsitalitsns is Paragraph 12 below) or applicable 4uvernmcnial rcgulaliun, the same shall cunxlittue it title defect Ill jectlydunce with lire provi6onq ul' Paragraph S above its this Conlracl. It. "AS IS" CONDITION: The 1'rnperly Is snlJ In its existing " Will - M. I.S. AS lS" cnsidltun and with all faults, which Buyrrexpressly assumes full rrsponsibilily therefor as of 16c Effective Dale of this Contract (subiect to Buyer's right of inspection during the Inspection Period specified in 1'aragrnph 9 aburel and nlm as of the Closing. The Setter dues net snake any claims or pruintses rgXrfli tg the quantity, quality, eundltlun. Inc nr value of the Properly or any part thereon. Ir nuyer dots nut titter hr cancel this Contract during the inspection period specified in Paragraph 9 above, Moyer acknowledges Ihel n+syrr lint fully Inspecltd the Vroperty and otherwise made Ingnlrlcs concerning llte quAMIly, gttallly, rnndlllnn, see, 31111 vahut tor the i Property and lias relled upon the tlutrr's Independent inspeclions and review In pnrrha.%ing, the Property. Ily exccuttug, delivering slid perforn+ing this Contract. Buyer dues out rely upon any xiAlcnicnl or informatlun made nr piven, directly ur Indirectly, whelhcr verbally ur In writing, by Seiler, (r any persnn ur edit)• acting un behalf of Seiler. other than as sptclficnlly set forth ire ill)% Cnnlroo. 12, SLLLI: I( REI' It£ tiENTA' rIONS: Sclicrmakcs (lie lilllowingicptc.: enlalinnclullnyut (which slt;dl..utvivu ate Clusing Datc lilt a period at'six (G) tnrtuht): A. Authority of Seller: Seller is sui't� Iris, and has the lawful right, pusvcr, authority and capacity to bind Seller to the terms bereuf artd consummate the transaction contemplated by this Contract, pursuant lu the lenses. Provisions and condifluns or ihis Contract. IL Nun- Furcivi Person Slnlus of Seller: Seller is nut a 'Rucign persnn' at defined in Srelion 1445(!)(7) of title hltcinal Revenue Code, at, diilritdcd. Seller's U.S. Tti%payer ldetdilicatiun lquu+hcr is 243. 22.1612. C. ondensnrfiuufPendinz Actini_%: Seller is uul nwatc orally iKndiu,, ur IlnculcncJ tulnitnlu,diuu actions of any kind, or other pending legal actions materially arid adversely affectilig the Real 11%gscsty which preclude Seller's ability to close this sale and purcha :c un the Closing Vale as provided in the, Cnniiatl. V. Assessnsent of Real'frooeriy% The Real Property is currently assessed under Mian,i Dnul.e foamy Tar Fnlin Nn. 09-402.r-1)2R.10.10. E. Law: Neither the exccutiunaod delivery ofOlkCnuoact nor the crnsutunoalioit of the transaction provided for herein %01 violate any agreement to which, Seiler is it pally or by which tiller is 6nund or any law ur statute, order ur decree ul' any court ur govenimental Agency, sqe a 12 IWIVI pa=r% '� "—�"`��sir)liii,Tan I1xlr�l'6 nriiliY, irT+r`uary Id: l6hl Canlract For ,Sale Anif Aircliase p, (.Inlllallnnt on Accent: Seller has raecived n6 written notice orally restncliilns limiting veluicular nod pedesiriau access In, ut,d c9ress fruiu, the Itcal Property (other than douse at dcscriLI it nr refetcnccil in This Ctintracl). G. Ownership- of the Real Pruvct tv: Seller owns (cc sinple title to lite Real l'tiperty, frec and clear of all lions, cucuotbrances, ututfgagcs and Gillet utatlers except for maflcrs set firth in this (:unlracl (including. without limiiatian, flit Pcrntitted'lillc Exceptions). II. Vivlaliuns: Seller has not received any written notice of noy uurured vi"IiuJ,/na nf• (i l law or tnunic(pal ordinaliees, or (ii) toning, Miildm) , lire, %rater, itse, health, or envirunntental %tauue.i, tirdinautces. ur ctKlcs; nr (iii) federal, state, county, or municipul, or uthvr guvernmcnhd agency regnbuiuna, utdera, yr icquilcmcuts, fulatitix.. to lire Real Property, 'lice representation in f lleguing Clanse (i) as it) receipt or au uulit.cv of uucutcd violations Of "environmental statutes, ordinances, tit codes" shall include written notices received by ticller perlaiuing to ally "I tan. rduus SGbalatices" and lualetiula defined ;)s: (a) "Itatatduus sohstatices," tit "utxie %uhsiaiccs" as those terms are defined by Ilia Comprehensive Environmental Response. Compensation, and Linbility Act ('• 'R '1 A "1, •12 U.S C. § 9601 S ML; or the Ilnnrdous 11-lafcrials Transpurta lion Act, 49 U.S.C. E X802..111 as •amentled rood hcrcaQcr amcodcd; (b) "hararduus wastes.* as Mal Icrnt is defined by the Resource Cotmervatimt and Itecrrvery Art ( "It(,,RA" ), 42 U.S.C. § 6702 g(scg„ as anncndcd and herealler nmendci); or (c) polyrhlorinnied hiphcnyle or substances fir compounds containing 1101s, I 1. SAW. 71% crollowingperam (s)nrentilies(cullectively, file'" 1' enanls ")arecutrcnUyinpussessivn of all or part of Ibc Real Property under written Icnse agreements Olt a muuth- tat- utonlh basil or ror a ilclinitc rental lean but cmieetable an not more than thirty (30) days ootcc. or verbal nsunth- to•mnnih tenancies, wlt� the ex eeulinn nr the Stork Ave rLue Lea ±e (deseri6ed'belnw) (cullcctivcty, Itte "Lrasts "); NEE HENT ROLL A•rri%cilEl) IIEKF.TO AS EXHIBIT I'D", AND AY T1SiS RRYKIiENCT. FiX1'IlFSSLY AiADF ATARI IIERF.f)r. All such •tenants under the Leases are Occupying their spaces up- a rend baying basis; nu such Tenants Italic Paid oily roll for more than tine (1) ntunth in advance other than as disclosed in the Kent Itoll. Nune'or llic Tenants art: Unfilled to any tebale, concession, abatement, frec rent or any other inducement other than as disclosed in the Itent Itnll. ,Seller has reccived no nvrittcn notice from airy or flit:Tenants or tiny pending m threatened claims at lawsuits wits respect In the Lasses or any leriancics thereunder, or as to arty other tenancies claimed by any third parties ns to the Real Property, including without litnilalimt :uly claims for setotf. Any rental paymcnis title ender any of lice I.eatet assigned, hypntliccated, or encumbered by Seller print to the Closing (sate Will be relcanrJ nodhir lent it It I nu later 11131 the Closing [)ale, •l lie Seller knows of nn other uutslanding leases or tither ngrtrmthds for txcu(tanty of any portion o! the (teal Prnpcny, except as disclosed in this Cnnlrtict. !Going lite period that tliiv Coofrat.l is in full \ force and effect. Svfler will not viler iota any tlew' Icuses a5 it) rte !Real Plupetty, of itity ilmitims flleteor• -Ivllllolit Buyer's ci m%enl except for niumh•tu•nuunlh le:ue nriatgnncnts subject to terminaliun it any lime by the Seller (which shall nut %equine Buycr'sconscit). Sellerdiscluses Ilint an c %i.s line Stan dard Industrial Warehouse (.east Agi- ccmcnt dated as nr.luly I. von in favor of STORK AVENUE., INC., u Florida cnrporalimr. (tile " Stork Avenue Lease ") is effective for is three (3) year terni front July I, 2000, which is cancelable nn not titorc than thirty (30) days prior ivrliten notice aftrrJuly 1, 2002 provided llreClhe Ltasnr receives a cutornel ht pnrrhnac file Property described In Ilse Slark Avenue tense from a third party purchaser and cogimmmnler w' chminq with inch third party purehaaer. J. governmental Pruceedimis: Seller has received no written noliee ol'ativ pending ur threatened judicial, municipal, or administrative proceedings against lite Seller or the Real Properly, or which Seller is, or will be. a party to by rcuson of Seller's owncrship or lite Real Property, including without Iiniiialina, eminent domain pruccedings. Seller has not received any wriocn offer fnnn' any public or quasi- Inddic nwhorky having powers ill' emiucntt domain over the Real Prnpcny. 'the Seller has received no written notice of any attachments, e.icentinu proceedings, insulvency, bankruptcy, ur ulhct procecdings pending or lhicaluned again +t tltc Scllcr nr the Rod Properly, K. Real Estate Tales: Other than all teal ptnperty and petsmtnl laws fur 2111111 (which nary nit In. . due as of the Effective Uate of Ihi.s Contract). Seller has received no police of nuy read estate it personal prollwy taxes which are presently valid and Gutilaading or vnlidly accessed ageinsl the ltenl Property. L. Unrecorded Aerttmenls: Seller has not entered intu any agrrcmcnls pcmaining lu live Rral Properly which ore nut of public record: (1) with any state, cou nly, ur local guvennnenial aulltorily tit agency: to (ii) which art: not otherwise described lit this Cuttttact. No eonunitutcnts have been anode by the Sclivt to any governmental agency, utility company, or udtcn which wilidd impost an Ohligatino neon the Hover, or its successors and assigns (where -Issigninetd is permitted under Iltis Contract) of any nature which are nut witcrivisU described in this Contract. M. Preservaflon or Real Prunerty: Seller will maintain thephysical condition of the Real Prnpcny, including the grnunds and all other elements of lite Real Property, in flit same cundifinm na esis►s on the F ITedivc Dote of this Contract through the Closing Date, except for ordinary wear and fear and otaiirt :s or rasuiitty Inns (covered by Paragraph 31 below in this Contract), and shall not cause, permit or suffer any act to be performed lvhich might cause fill to he removed tit outer damage to the Real Pruperty (ollter than Any dama):t caused or created, directly or indirectly, by Buyer or Buyer's agents, conlracturs or cntpiuyces). Ott or before flit Closing Date, and unless Wit erwise-a crept ed in writing by Ihr Moyer, Srllrr represents thal Seller shall rcniove, nr cause to he removed, from the Property lice rolluwing specific perconul Me—F-4-712 Inn p"vtt ° °-� --- f�Rt�riu,n Ili: Lt riTer7,Ti C;'�riiutiy 3A,' %ifiir Contrrta Foli- ,SWe And Ptrrdrtrse property, trash slid rubblith: N. fnfnC�r�,cyf j�cui.Lioj► Scllrr will keep) and rnuintnin all instuancc cuverugcs Ilerlainint, to the Real Property secured by Seller ltd existing tin 111e 1•.Ifective Date of ibis Cunlrnct in rull rnrce ausl court lu she Closing (rate. 13, MYER PURF :SEN•1' i • NS: Buyer makes the following representations In Seller (which slrall survive the Cloilug Date for a period of six (G) munils): A. ' ' r ► t1SQrlly of Uu; Ruycr is n valid 1 hxida �` guvemtncntal agcucy, Went has the lawful right, power, aaUsarity still capacity to bind lluyer to the terms hcrcurand cctnsumnialc the Iransaclion contemplated by this Contract, pursuant to Iltc terms, provisiuns and cunditiuns or this Courier. U. . Prtrcrvalion of Propo riv: Prior to the Clusing Uatc, Buyer will nut cause, permit or snlTcr any act to be perrurrticd svhiclt Wright cause fill to )re removed or other dannage to the I'mperty (rwber Aran varulnlistu by third parties unrclated to lluycr atJ ally damage caused nr created, directly or indictcily, Ity Ccllcr or Seller'.. agcots. cuuuactorr of employees). C. Compliance With Law: Neither lite citinutiun and dclivcry (if this ('nutractnoort lie cmrsunrnnttion pr Ilse transaction pruvided fur herein will viulnle any agreement ire which Buyer is a party or by which lluycr is h:rtind ter ,illy law ur statute, orJcr ur decree ur-any court or goveiamenial agoicy. U, Unrernrdcil Aereemenis: The Buyer Iris not entered into any agiceucins pertaining to the Real Ihoperty which arc nut or ptrhlic rtYprd' (i) with any slate, cuunly, ur local governmental at ilwtity tit Agetmy, t" (R) which are nut otherwise described in this Coniract. Not ennsinihnenls have been mate by the Ituyer to any governmental agency. utility catnpany, nr olhers which would iaspnse nn obligation ulwu the Sellcr.•or its sueccnnrs arid assigns orally nautre which are not otlserwise described in this Contract. 1.1. 1AF.N5: On the Clusing Date, Seller shall furnish to Buyer an afrr lava -.nesting to lire nhsence. unless otherwise provided for htrein, of any linancinp statements, claims of lien or pulcolial licrutis listoWn io Seller and rurtlher aticslin>; that there have been rill hupruvemcnts or repairs to the heal Pruperty We ninety (IM) A-tyc imincdinfely pcccediritt the Closing Date. if lire Real Poo livily tins been intpnrvcd, ur repaus made within 111,11 tittle. by Seller. Seiler shall deliver releases or hvaivers of all applicable euuslructiun liens executed by all tteneral contractors. Subcontractors, suppliets and Rmleiiahncn in addition to Sclier's lien al'lidavit selling rmilh lire n;uucs ur all such general eonlractnrs, subcatitructats. Suppliers and materinlnren and fiut)tcr ullirming than all dil rges for ittrpruvi' mcols or repairs which could serve as a hasis liir a cunstrucliw► lien or a claim for damages have locust laid or will be paid at Clusing. Is. LEASi?S: lu (Iris Cpntnac(, fire tern "(.eases" slrall mean and refer to all lcrues. subleases. licenses, franchises, eunceasiont and otter uc%.upa"ey uFseements, wrincn nr oral, whether or out a matter u(' public record, fur lire use or occupancy of any portion of tyre (teal Property described or referenced iu E01hit "U" nllachCd tierttn r and by this rtfcrcnce expressly made a part Ircrcuf. Within lire lalet of five (s) business days hrnn the later of (he Fffective Date of this Cuntraet or 2001, Seller shall urakc nvmlable lire Boyer% review and inspection at Seller's uiliee all Leases in favor of eaeh'I chant occupying, ur having a right to %Ktaipy, any portidn of the licul property higcOtcr• with Seller's Affidavit sirccifying: JI) the nature and duration aroccupan.y ur Q,c Truant-.: (ii) rectal rates, adyanctd scoot and tcrnrily deposits paid by the Tetsants; and (iii) statiti{ thatttic wtillcn leo.e attrccmm�f and any wrillen addcnda lbercar cromfiwles the entire agreement between tiller and cacti Teoint t0li'uu nurdilicahuns, icvucatiuns ur tither agreancim other than as set fitrlh in any written Leases and aoy wtilicn addenda thereto. 1f, for illy reason. Seller fails or neglects to fully comply with the provWuns of ihi.s pnragraph within the lints period allowed lhererur, flaver shall IClelax n euurteiy notice lu Seller and Seller Shull cure soles rims• cuniptiance po latex than five (5)'hnsincsS days (run, the date or receipt or Rnyrr% courtesy notice to IIIC ex(cut Scher is reasonably able to du top. No later than five (sl days prior to the Closing Dale. Seller shall pnrvide (toyer with estoppel letters from the Tenants cunlirming lire Same infounatitru as In the Leases. ht Ibe evrnl Scllrr is unable lu obtain such letters from all Tenanls after utaking it guud faith effort to do so. Seller may provide Ilrc %.tine inlunnation required to be in the said estoppel letter being put in lire form of an updated Seller's Affidavit and delivered by Nellcr to Buyer no Inter than tierce (3) Jays prior to the Clusing Uatc. Seller warrants and represents 111111: til all work presently required to he perl'onned for the Tenants under lisch respective Lcuscs have kot perrurined ur will be perlittmed by lite lime of the Closing elate. (it) there is no action pending between the Seller. .* Landlord. and any 'rcunnt to reduce the amount of arty reulals due under the teens ur the Leases puyctiled lu lluycr for its review; (iii) there is no option to renew any Leases or tu purchase the premises by lily tenant etctpl aS expressly noted tit F.xhibil "U" atlachetl licielu: and (ivl that no broker-,%%e cusmnissiun nr col 1pcnsalit'll of urry kind is ur will be due from Uuyet ur lite (cuts tticrefrom for leasing space, either pact, present or ruttuc, except as specifically noted in Mibit "R" attached Ircrctu. Seller slrall deliver and assign all origirial Lcascs to ltnycr nn the Clotting Date, which iluycr shall expressly assume (ruin arrd allcr the Closing Vale as Successor LandlonJ to Seller. Seller shall not modify ur exrrcisc any option to cxlcnd file term of uuy existingi ea_seS wi►htsut Hnyce., )vrhrr written consenl in inch instance, which conseirt shall nut be unreasonably wil{otield. Seller slrall indenulify and hold Buyer harmless front Srllrc's nanperfonnatoee undo all Leases in elfcct prior to the Clusing Dale, Ally btuketaite' emnutissiuns incurred as n result of any l.cates nri)ie iteal property in erlect priur to the Clusing 1.)010 311311 lie paid for ire full by Seller, with ltnycr atluming all such coaunission payments accruing from and otter the ('lacing Dale. Uri the Clusing Date. Seller shall hansrtr and assign or otherwise credit to Moyer all security dcpusits of lite Tenants (with accrued hticrest, if any). Buyer n►ay, but in nn event shall be obligated too, asaunr any e•tislin(t rental ogtrney 1 iec o '!"iauTp :�ri —'r` ..c er . on trier "Il wpiuAy, hire(;& lit:' iii Cartrrcia For Sufe rinrf 1'tu chore agiccmcros of Seller as in file Real Properly Any such rental irclicy aCreemenit licit exprsssly aisutned by iluy 1, in writing shall nut be binding upon Buyer. and Seller shall fully indetnnify and hottl Uuyer harmless fnlnt all claiuns. actions, suite, dvtmgcs and lialtility wltatstlevcr u a result of arry'welr arno•asacmption by Buyer. All trot under the Leases 311411 be prorated as of five Closing Date, with Moyer receiving it credit (rain Scllcr c,pnl nn al( ndvauce rem paid for any peritid(s) or occupancy by the Tenants ors and alkr the Clusint, hare. During the lay +mina Period, Ituyer shall receive a cupy of (lic Stark Avcaue Ltaee and review and evuluale Ilse some as part of Ilnr due diligence period provided if% I'urograph Y above. Nu(n•i(hstandlnst anylhilig lv Ilia conlrury•. Ia testis Cun(ract, if Buyer dues not cancel list% Cuulract during floe Inspection Periud, (tuner must receive all assignment of the Stork Avenue Lease fram'Sciler, and assume Ilse ubliUMmus of the Lessor under tilt Slurk Avenue Lease, as part of the closing of this sale and purchase. 1(UYERACKNI)1V AD GE: SANTIA(. HLF N* 1* 11A' 1' 1' 11E: P( IRCIIASEPRICEINTiI1S (:ONTRACTSIIALL NOT BE RF.UUCEU IF ANY'ITNANT VACATESTiJE REAL PROPERTV UFTWEEN THE EFFF.MVE DATE. OF THIS CONTRACT AND *1711E CLOSING OATF.. 16, PLACE OF CLOSING: 'aloe elo%ing fur file transaction contemplated by this Contract ('Clasing ") xhall. Ise held at live unite or ilia Tilic Cuncpmcy, 1,r' id such other closing site locrued in Miutni -Dade Coualy. 1•hlrida mutually nceeplahle to Seller and (layer. 17. 11m: Time is of the essence in Iltis Contract. Time periods herein of less Ilsau six (G) Jays sluoll in ilia computation exclude Saturdays, Sundays slid state or national holidays, and any time period pttivided herein which shall end on Saturday, Sunday Or legal holiday Rllall extend in 5:00 p.m. of the cicM business dn). 1R: t)(l(:lIMENTS FOR Cl,OC1N(i: St•11cr shall convey a tnarltelalsle title lu Ilse (teal Pruperty by Special Witrramy heed. Seller also shall provide alt Ahsululc (till ul' Sale as W any applicable ttrrsooal Propcity owned by Seller and situate on t)ie Kcal Property, Cunstruction Lien Pnssmi„n and Ctt+ang ARidavii (with 1 :I10TA acid UAl' xssor:mccs), General Assignment evidencing Ilse transfer acid assignment of all the Etudes, tol.clhrr %vith Seller's pccmits, contracts, licenses, agreements or other ducututatls pertaining, fa ibe Real Propcity which are in el)'rrl as . of ilia Ciusiog D.1Ic wittinul re%mirsc, estoppel information tin payoff of dre Cxistiug dlurigace; cold corrective title instrunlrnt3 (if any). Buyer shall furnish fire Causing Statement and all other documents rctisdied by this Cotitrtct of file l'itle Company Ul lye delivered by Buyer. The parties nwluully agree to eichanze cupies of the aforesaid closing documents for review by their respective legal counsel nut less than Utrce (3) days prior to the 0mink Untc. 14. CLOSING t:XI'F.NSES: -Seller shall pay tilt. (i) recording any curitiva title ilmunicMs; (ii) the cilst ill* issuance of the 'I ilia Comittitinenl lilt lilt Read Properly .11,41 the Title Policy issued pursuant thereto to be stewed by Seller's cuuniel through the 1 W Company insuring the granice(s) iralned in the instruments of conveyance to file Real Piupeny; (iii) Florida Documentary Stamp Tax on the heed(s). and (iv) any other expenses mid charges spc'.ilicalty allocated to file Seller in this Contract. Buyer shall pay for: (i) file ant tit the Survey ui the Rzil Property: (ii) `linllll•Ualle County (liscrctiunary Surtax Oa tiro Uced(s) .slid cOM of recording file l)ced(t); and (1,) any other expenses and eloarges allocated to Uuyer in this Contract (including, without limitufiun, file cost of all dnc diligence inspections, environmental studio:, ct6). L'avh pally Shall (lay ilia Lusts and expei%scs of the 1laity's own attunteys. 71,. 11ROKERACE COMMISSION: Scllcr and BLiver nutuilly represent and warrant ht cash ullter that thete me no real estate brokers nr agents %vith Seller ur Buyer has had negotiations as to the sale rmd purclinte of file Real Property its Ituyer to whom nny brukcrage Ice or ennuntliiun of any kind is due. Uuyer undcrslnnJs aril al rccs lien Seller has taken into account the absence of any claitox li+r brukcrage commissions in agrecing to the f unbase Plitt in this Cnutract. ht the event any real estate broker(s) or agriit(t) contaercd by Iluyrr mikes any Iegifit1,nte claim for a cummission for the suhicct transaction, file breaching party shall fully indemnify and hold lire nun•htetmhinl; party harmless (rum all nclinui, claims ur drmands of any nature whatsoever by city such htukers or avant. 21. PRORATiON`CREDITS: 'faxes (real and personal), assessments. recd. interest. insurance and allccr expenses and revenue of the Rcal Proputy shalt be prorated through Midnight of the day berme closing.' Uu)cr shall have fire option of taking over any existing policies of iosunmce, it'tusunlabic, Ill whicll emit Ilicul1Un11i shall Ise prmaicd. Caxtt au Closing shall he increased or decreased is may be required by proratinns. Ilroratiuns will he made through day of occupancy if occupancy occurs before closing. .Taxes shall be prorated based oa fire cutrcm year's tax will% due allowlince made for maxisnum allowable tliicouut and tither esemptium. If the Closing occults at a date when the current year's millage is rout lixcd, and current year's a ".%.maul is nvailablr. IaXC3 will he prrnued hascd upun such assessnicrll and the prior year's inillage. If current yea[ s nssmsment is not available; then taxes will be prorated on the prior year's lax. If there nee compleicd improvements 'un heal Property by January Ist of year ill' closing which improvements west nut in existence oA January 1st of the prior year then taxes shall be prorated based upun the prior year's millage slid at nn equitable ussmiticot In he agreed upon between file partiex, tailing which, request will loo made to the hliami•Uade County Pruperty Appraiser for act informal assesimcm liking into consideration available exemptions. Any tax proration based uo an estimate inuy, lit fcqucst of either )lay a ur Sella. he subscyuenily readjusted u(ron receipt nl'the npplicahle fax bill provided Iltat any sucli iclstmi lion crquc%l is made within fix (h) rnonUts front the dote of ticst issuance of an accurate tax bill by Ills: Aliami•Uade Tax Cullmor. .22. SPECIAL A*FSSNIF.NT L1ENti: Certifoert, confirmed and ratitird special assessment liens as of the til'fective Dade orims cuntrucl lire to be paid by Seller. Pending hens as Of the fllfertive, (rate of hiie contract shalt be assumed by iloyer. If the improvement has been substantially completed as of rf(ective hole tit* this Cmilrul, such pending lien shall be Lunsidercd as certified• cuufrrmed ourntilied and Seller shall• at closing. he charged an .ar nn=nil.1 p:et. Collfrur•r l or Sule,Anel Pfrrchtise amount equal to the Imt estimate of assessmenl for lite improvement by the public hinly. As sf like Ml'cetise PAIV of this Cunlixt. Scllcr represents that it has received no notice nT any wear pendin6 sr thrc:uruwl liens. 23. 1 W: The Escrow Agent shall receive Ilse Deposit funds arld is authurired, and agrees by acceptvlce of the same, lu deptssit Ilse funds pronq,lly mad fluid date same in escrow pursttmll Ito this Cumrat:t and. suhiccl tv clearance, disburse Iltem in.accurdanr.•r with the lariats and cunditiuns tor ibis Ccrnlract.. ha hire of clexraucc ur funds shall not comic Buyer's perform, 'fhc parlidc ague That Une following Icnms and cmodiliuns shall IIbVCM the Escrow Af ;cttl's n•sfllmsibiliIics under this Contrail: A. In the event the I'scrmv Agost is in doubt as ail its duties ar liabilities under the pn+visim+., hernd: it ntay, In its stile discretion, continue to hold the Ucpnsit until the fanatics Itercto mutually ugme Us the dishnrsanent thereof, or until a judgment of a conrl of ctm+peteni jurisdiction shall dcternsine lite rights at the p ulics Urerctu, air ilia Escrow Agcnl may deposit all of the manias Ihcn held pursuant is Ibis CaatlraCl w•iIll lire Clerk of the Ciacuil Court of Miasni•Dade County, Florida and, upon notifying all parties concerned of such anion. All liability ilia lice flail of lflc iJCtUw Audit %half fully cake amt lctmltlale, except Its ilia exlenl of aceuunling for all monies tltctctn' '^ delivered out of escww. I.I. The parties hereto du hcrebY Jointly :uld severally agree that the Escrow Altenl shalt imctu mu liability wlaatsucvcr in connection with its gaud faith pullinuanec under this Contract• wad the parties hcletu du hereby jointly and severally" release and tvaive any claims lhuy may have Against the Escrow Agent which lit ay result from its performance in good faith of its functions under this Crantracl. The tscrs+y'Agenl shall he liable linty liar loo or danmgc caused directly by its acts of negligence while perfaauing a escrow agent under. this Corm act. C. In Il+c_evcnl of arty disagrccrricru ltclwccn ilia parties Itereto re-tithing in c+elllirtine iminnrOom In, or adverse claims or demands upon, the lsctow Agent wilt respect to the telease sf lice DI'lttscil msnlror sly n+thrr escrow funds or the cscruw docurnerus, the Escrow Agcul shall refuie to ctimply with any sut.h indn WO1111s, claims or dcmands, srl long as such disagreenlcm shall continue, and its so refusing shall not release ilia escrow limes ! ( including the Deposit) or ilia cwtuw documents. 'ilia Escrow Agent shall nut he sr becunse liable in tiny way tin its fililurc or refusal to comply with any such conlIlcling instructions air ddvcrsc claims or dcmands, and it shnll Iw entitled to emulinne to refrain from nclittg until such cnsflicting inslrncUuns or deni:ods: ill shall have barn atlintt+•d by agrcetucnl and it shall have been notified in writing; by %lie lsmfics hctclu; air (ii) .hall Lena tinnily horn delcrtaimal inn court ur cumpelcul jurisdiction. Ill additiuti, the Esctmw Agcm may inictptcad kite funds or ducuntcats inks a court vf unlpctent Juriidiction. I). ']he P,scrow Agent shall have no liability liar any loss, damage, assts or atturndyi Ices resulting from a delay in the electronic wire transfer of funds, unless said loss is the dinecr aesult of file iscrow Agtilt's negligence. L. The Escrow Agent shall not be liable to any Nally tic Ilctsmas whumsuever fur misdelivery to Iluyrr or Seller of mnnics (including: wwtoitt limilation, the Ucpnsil) subject to this Cuntract, Utlicil Sl+ch Imsdelivery s hill be due to tvilll'ul breach of this Contract, or gross negligence an the pan of rise fiscrsw Agent. V. 'I lie Escrow Agent cony, in its sule tliscralun, resign by giving thirty (30) days prior +vrittcn notice Ihrreof In the mnirt horNO.'fhe pasties shall furnish to )lie Escrow Agent written instructiuns for lite release andlur disbursement of Ilse escraw'fitndi (incldtding, withsist limitation, the llcposit) and escrow docunuettts. If lite Hscruw Agent shall not have received such wrillen instructions within the said Ihirly (ti)) day period• the hscnsw A,genl may petition asy court of curttpetenl jurisdictinu fur the appointment of a successor rwrmy.agrnl, aural npsn ulrll appsmtnienl, deliver cite escrusv. lunds (including, wilhout limitation, the Deposit) and cscruw dmcunlcnls W s+rch Slll'L'CSSUf. (i. Pursuant to instructiuns ui'ltle paiaics in this Comract. the Delrusit sbnll he deposited in an intvicst hearing accolmU biked by the United States Guvernnlent, hslcresl aeuuing Ibcrcundcr shall 1 >r to the bcnelit nl'thc party rccciving Lire i)cpnsit pursuant to tills Contracl. Is the event the aggregate amount sf rill armies held in escruty It)' the fsscruw Agent pursuant to this Contract exceeds SIM1,000,00, the Escrow AKcnt shall nut be liable due to the - fact iliac said ntoniev exceed life maainlum ainounl insured by the F'cdend Depuiit Inatancc Corpnralion. II. Any suit betVreen the Buyer and SeNti wbcvc the Fscruw Agent is made a party because sf acting its Eurmv Agent ltcrcundcr, sr in any suit wherein Lscrt+w Agent interfalnds the subject ntallcr (if the escrow, dre I -'scrmw Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be cltuged and ay.cascJ us cu wt costs in flavor of the prevailing party. The parties agree ghat Escrow Agent shall mat be hahle Is any pculy air persuni for ilakdclivcry to Buyer or Seller of deans subject to this earn +v, unless such ntisdelivery is due In willful breach of this Contract or ncgligoter mf the rscruw Agcul. 1. 11ItOVIUF.D71IERF. IS NO UFFAULT UNI)Elt THIS C ONTIIACT, SF.I,I.Ett AND I111YElt AGRF.F TO SI'1.1'f'flil FF.F.S AND UU'1'- OF•1'UCKFT EXPENSES OF TIiF YSCROW A(;FN'f. IN THE . F.VFNTOFANY UF. FAIII: rUtiBC •RT)IISCONTRACf,11UWFVFK,Tf1F DEFAULTING PAR Y SIIALI. PAY FOR ALL SUCH FEES AND 01STS, 2 -1. A•'1"TUIINEY FEES: COSTS is any liligation urising out of this Contract. Ilia prevailing early %davit tic. entitled to recover from the non - prevailing; party teasuuablc attorney's (and paralcgall fart and costs liu all phnscc of ihibal)un including, but not limited is, appcllele prncccdiugs. raa`e3Triioufpece -'_" 71;' or Cutr)-ctc•f Pen- Sirlte Atrd Pru•rliave 25. FAILURE OF PERFORMANCF If Ilse Ittryer fails to petfotm Huyer's uhligatiuns under [Ills Contract (indudinp payment of the Mpusit), the Uquicit paid (and to he paid by Uu)-cr), inclusive of all imtcrest earned thereon, if any. may be retained (or stied fist) by of for the ,,:count of Seller ns agreed upon liquidated dantagex, in cunsideration fur the csccution of this C•mttrttc►, laking the Rent Ptupetly orf arthe tnnrt ct for Ilse prtiul of this Contrw, and in full settlernertt of any claims arising as to Ilnyer's failure. neglect eK tefus:d Its ptsrchaee Ilse Real Property (hut Without jeopardif.ing any independent indnmtity ela)ms in favor of Sciler ns set told, in this Cuntrasi) whcrctgtmn, llitycr and Seller shall be relieved or no obligations Under CoMMI (with lite er:cep16111 of tiny pending indemoity claims in favor of Scllcr which may be specifically enforced by Sc1lrr). lr, litr e,ty rcaan other than failure or Seller to make Seller's title marketable (xusuant to Ptuagtoph 5 above in this Contracl; Seller fails. • ncgleels or rchises to perfom► this (:onlrtct and Qtiycr is not also in default undtt this Cuttrrel.11oyer Islay seek specific perfomtance of this,C'ontcact or elect to receive the retum of the Deposit (inclusive of till interest earned thereon, ifany) witlmut thereby waiving any action fur damages resulting front Seller's breacs, which damages shall Ito expressly limited to reimbursement by Seller of lWyer's actual, oul•of poekci expensai incmted putsuattl ht Paragraphs 9 and to above in this Cuntctct only (and not including any legal fees or coals arnityct) and suppaned by paid receipts :unf invoices submiaed by Buyer to Scltur in urn amount nut to exceed the aI;;rcrate wilt urS21 SUS►, 26. CONTIIA T NU•1 ItKOItgAULE: PERSONS BOUNi): Neitherlhis Contract nor any noice of it shall be recorded in any public records. This Contract shall hbud and iutusc to the hcnt:14 of Ilse patsies and (heir successors in interest. Whenever the context permits, singular shall it. clude plural and tae grrhder shall include ell. '27. NOTICES: All notices permitted or required pursuant to this Contract nitall be in wrilinl; and sh,dl be licensed to have bccn IKUptrly given: (1) if served in lies suit; (2) upon receipt or Isrsl refusal by late wd,lrciscc: if mailed by certified or registered atatl, tenon receipt requested, pnitage prepaid; (3) upon receipt or first tcl'usil by the addressee, if delivered by any overnight delivery novice, nr (4) facsimile tratianissitm (backed tip by pruper and euniplcic Innsmissiun cuntirtnatiun slwtring all pages transmitted to the proper tetephone nutnher), provided that, in all events, such notice is k1drtssed to the party to whom such notite (s intended as %el firth below. To the Scllcr: , Stable A. hlulsley C/O Alan Dale Mobley, Trustee 11,0. Box 43.1453 South Mianoi, Florida 33241.1458 Mention: Alan Dale Mobley. Trustee 'Iclet+honc: (30S) 668.8805 Tdcrav (305) 668.8807 / t4'ith row! Juicph Warrcn Krikkcru. Esquire 17140 Arvida Parkwny, Suite 2 Wrstun, Flutida 33 .126, Teleulwnc: (9$4) 2i7.1196 Tclerax: ((354) 217.11'17 To the Uuyer. The Srntth Minmi Coal its Itederelupmenl Agency City of South Miami 6130 Sunset Drive Solids Minnsi, Florida 33 H.1 (Anctdien. Mr. (lag Orvec) Ielcuttotte: 1305) 663.6318 :fcicfst: (305) 663.61-15 wKn Cut) V tu: John C. Uellagluria, tisyuirc 776 N.H. 125th Street North Miami, Florida 33161 Tcicoltame. (305) 893.6511 '1700,8x: (305) 895.7029 Any failure or neglect of either patty to deliver cupics ur any notices In the attorneys ruled above slsall mot attest the validity or timing orsuch notice. Notice Risen by or to the attorney fur any piny shall be ac wective m if given by or Iti that party. 28. CONDENINATION: If, after Ilse Iitrcttive Date of ihis Cimiract and prior lu the Closing Uate, any portion of the Real Property is takcu by eminent Jumain or is the .wl jccl of a pending laking tvhiclt has still bccn consummated (hcrcinailer cnNcctively rcletred to as a "raking ") and Seller receives wrircn omicc of the svmc from the wndemning authority. Seller shall notify Uuyer of such fact, and Buyer shall have lite uplimn•of either: p) terminating this Cumtraet upon notice to Seller given not later than lillcett (I5) days wfler receipt of Sellers ocher, or (ii) prtxceding with the Closing in accordance with this Contract, Buyer shall have tine right, bill not the obligation. its contest and nclotinte the uunuunt of stoney offered fur such •raking, ns well as any of the Icnas iclaled thereto. if this Gmtract it terminated as :dote-aid, neither party shall have any further rights err obligations to the little( hereunder (except for any mnllers tsids specifically survive Ienninatiun of this Cuattict). II' Ilus•er has not elected to tertninue ibis Contract as aforesaid. Scller,aFrccs to asiign to nuyer tm elnsing all sUtr15 which are In be awarded for site Taking. 'Dwyer shall thercaf er be entitled to receive and keep any awards for such fak(nl; l,y ert►incnl dutilain, )s.ci�'alTfTnTx -jLet • 1 a r ,u,.r .*T IDU C'milr•tic•t For ,Vole And Prrrchave 2'1. PERMITS AND AI1111tOVAI -S: (toga has khe1expreas riglu, at fluyer's sole e.ytinsr, !t. o+nkc ally applications, or seek any preliminary approvals (including, without limitation, honing appruial) as ire 14:3 1aldy required for Mier's anficipatci) ownership, development. ihse, o1wralion, tnanageurcin mid lasing nl' file lical Ihuperty (subject to prior wrilm approval by Seller, which droll out lie uislrmooably rvitdtcld or dcfayeiq to effectuate any of the l'uregoiag, but the consummation of this sale turd purchase shall not I+r rnnditioned upon lluper scotring any such approval(s), nor shall thelnspmOun Period or Closing I)alc Ile earodcd (sir ana tcascnl celalcd to such approval(s). It is understood and agreed that all permits. approvals, consents or tioLunicitim.i i of any liad which is ubiaincd or mcived by Iluyer during the pcadcticy of this transactinn shall for all purposes he. the properly orSeller it tluycr,ducs not close the Irans,'xtiuu eoNentplaled by Ihfs Ctuttracf, utllm such failure Its close is dually caused by a default of the Seller. [toyer agrees to deliver to Seiler copies of all nppnivals, perioils, or cunsnns which it has obtained or received relative to Hlc Krtt Property, and Royer stall, at Sclltt'a oplimt, assiKn all npPauvuls to Sclicr if tills transaction does not close for tiny «asam. In all other inslhotccs. Myer slail have tit, uhligmiun to reicnse or transfer arty of such approvals or documents to Seller (nr any other party through SeIIc). Seller agrees h, execute any applications for such pcimits and approvals provided that Ihtyer sul+roits comp(de' dtxunieulatiah.tu Seller ill lttsrper rorm,withimt any expense to Seller and Seller sfrdl nut be required to allcnd :my licatiogs or idrninistrative prtKeedings in connection therewith unless reawnably necessary to compiete the ;tpplicable hcariog(s) or administrative ptmeeding(s). 3u. 6SSICNhtENI': 'Ihc fluver atoned herein may assign this Cuutorct in vthnle, hilt lint in part, of any lime at or before the Closing Date with Seller's prior svtiltcn approval, which apinoval shall lint be unremombiv withheld. Any such assignment shall be cnntingcit upon: (I) fluycr providing Seller with a true copy of the insinrmrnl of assignment shall be delivered In Seller no later than tell (10) dnys prier to the Closing I)utr; and [fi) the assignee c,<pro.0y mmintgng in writiog the ohligaliuns ur buyer in the Cuniract, _tn tha rim eatcs, tit sorb assignment. In no event shall the original Buyer Ise released from this Contract upnu any assignment. 31. HISK QF' tQLS; if the Rcnl Prnlxny is damaf;nd by firth or ullicr casualty lltrtwgli no fault of the 1W)cr sir ftuycr's agmis and employees (including. without limitation, lilt inslnxlion perauiriel) tin or bt:fare tike Clusinh ,Date, and further provided that Ruyct is not in default under Ibis Contract. rtoyer shill have the ul +lion oft (i) continuing with the purclntse of lite Real Property punuml to this Cantuict and Inking! lire Rtvl Property in Us thin exisling crindiliun, together svilh any insurntice proceeds as nrav he payable for such loss tip damatie, sir (ii) c;uu•rling: ' this Contract and receiving a reitim of the Ucpusit paid by Buyer. 32. O'I11F11 AGREE,1IEiNT.S: rhis Contract, including the Ethibhs allachctf heretu, canstitutc the cnfiie agreement anon" the parties pertaining fit the subject matter hetcof and suprrsedes .111 prior and cuuletttpnrancuus agrecrnents and understandings of the patties in cunncctinn Ilterewith. No rqueicolatinn, nurtanly, cuvcnant, ngreemetit or condition not expressed in this Coottact shstl lit binding upnn file patties Iteteto ur shall afi'cct or br effective to interpret. change nr restrict the provisions or this Contract. No prior or present agrecoicnts s1611 br binding upon Moyer or Seiler unless included in this C'omrnet. No modification or change in this Contract shag be valid or hirtdiul; upon lite parties unletis in writing and eseciilcd by the party or parties i ilemlol to he bound by it, the panics limy waive uity or Lite cuuditiuns coolaincd he+cin or any tit dic obligations of the other patty hetci mkt, but any .uch waiver shall he cffctaive unly it in wriliug and signed by the parry waiving such conditions or atrliguions. � I.I. TYPEWRITTEN Olt tIANUWRITTL14 PROVISIONS: Typcwlittea or handwritten provisions shall control elf printed provisions of this C.'oniract in conflict with the same. . 3-1: RADON_ (:AS: Fursuaut to Sectiutt d0tASri (G). Florida Statutes (2000), the Cullusvin.4 tlitclusute is made: Radun is a naturally uccuning'raditi.wive gas that, Wicu it has accuottilatcd in a building in surricicnt yuanlilies, may present health risks to pmons who arc rxtimed in it ii •er Iinie. levels or radon that exceed Federal and State g;uidelincs have been found in huiWines in Huridu. Additintmt iuftimlition regarding radon and radon testing m:ly he ohlai ied float your County public health unit. 1s. AllAt'SLENCTI1TItANSACTiUN: Nothing: unlaiocdin (his Contract or file aetiviliesennlnnplated hereby shall he construed to create lite rela(lowltip ur principal Anil agent, partnership, Joint venture, trust, tenants in common or silly other relationship howcra the parties hereto office than separale and distinct persons and entities dealing wt arm's length as Seller and quyer resprclively for their own acparste interests and benefits. 36. LIMITED SURViVAL OF HEI'AF.SENTATiONti: All representations, eovcuanls, obligations and agrccincim orghe parties as set runt, in this Contract 311.111 survive the execution aad delivery of this Contract and of my and ill documents or instruments delivered in connection heretvilb, and filey shall survive rile Omiol; and conveyance of lido tu file Re .1l Properly for a period elf hilly Six (o) munllis Pram file Ctming mile unicss specilically designaied to the contrary in this Cunilna:t. Ali such represivilmium shall be deemed repeated on the C'losio; Ihtc. 31. PAYOFF OF EXISTING MOItTCA(;C: Seller discloses that lite Property ii prescufly'encunibcled Iry flint certain bturtg;age dated Oclubcr 1, 1985 in favor of Cacomlt Crave flank, a Florida corporation, as 6hirli -mgm originally given by Walter A: Mubley and btobic A. Mubicy, his wife, as MoltgIgI11%, rccotdcd Uclolict 3. 1931 uadcr ('leek's File Nit MOM)" in Oflicial Records (look 12651, commencing at Page 2220 mid Wllowiihy; in.` the Public Rcculds u(Mtatui.f)ade ('tinnily. Worida, tol;cther with all filed or recorded UCC. I financing Slaicnicnts relating thcrciu (if any tlicre bc). and as all of the smur may be amended and supplcnlcntcd I)uul lime-to-tittle (collectively, the "Etisling Mortgage "), but Seller represents fit Buyer that all file fxistinr Mattgagc will tic paid in full.hy Seiler on or simvilancously with file closinr of thix salt;and purchnsc. .Ke i it . r i 11Tder.tr,:�Farri, ;ij7i.•i11M Cuprrr•crc'r For ,tiufe And Plwchrtre }It. FURTIIER ASSURANCES: 71te parties hereto will promptly execute and deliver all ifiannocnts and documents and take all further action, at each patty's -suit « pcnse, as each party may rcasuoably requcsl from lime ' to lime Writ the other in order to perfect and prutt:et the various agreements and undentandinl rl'lite respective parties hereto as set forth in this Contract, and lit further lhiible each party to exercise and enforce their respective rights and remedies as may In available at law or in equity h1 cUtirce lite provisions of' this C'onhaxt .11141 citify 1,111 the intent: w,d purposes of drt: pubes Ihetctu. 39. CONFIDENTIALITY: 11NTENTIDNALLY DRIXM).1 40. MISCELLANEOUS: ' A. Elreetire Usti or Conirsel: For purposes of determining the lime for perfunnnnce or.. various obligations under this Contract lime Effective Date orthis Contract shall be the dale when lite last vile of the Buyer and the Svller has signed this Cunlract. 0. Cyulicrble La,.lCrnder: 114s Contract sliall W construed mid itltxypteled in uccordame with fire laws of lite Stale or Florida. Where required for proper interpretation, words in the singular s1►aIl inchrdc the plural; the masculine gender shall include lite neuter and the feminine, and vice versa. C. Modilientiun (if Cuotract: '{his Contract may nut be mvdilied or aumended, except by an agreement in writing signed by all it( lite parties hereto. 'I he partics may waive any of the cunditivns contained hcrein fir any ofthe obligations of lire vllicr party hereunder, but any such waiver shall be effeclive only if iv writing and signed by the party waiving such condition% "r nhligatiane; U. Czvlluns: 'tlme descriptive headings eonlained in this Cunlract nre insetted, fur evnvcnienee only and shall not control or alfect lite ineating or construction of any of the provisions hereof. li. Waiver : 1 he (ailure n( any party at any tinme to insist ult"tt 'aria p1:1 romsance or any eimtlitinn, prornise, agreement or understanding scl rurllt hcrein shall not be eunsirual as a waiver tar relintlnishtncnt of the right to insist upon strict perl'onnance or the sane eondiliat, promise, agreement or understanding m a futuhc time. Either party hereto "lay, at its sole option, waive any perfunnnnce hy.►lte other parry rctluircd under the provisinnc ill* this Cunlract by an in.xifumenl in wailing mild delivered lu the "thtr party. Na consent or waiver, express 1,t implied. by any party herein is to any hrcich air any representation or obligation of the nuit cachin; piny (or parties) shall be constructl as a consent air waiver orally other breach of the representmimt or ohlignrion. I :• 'Severability: 1lie invalidity iir aacnfurceability of any pittvi <iun of lily pruvitivn(t) ill this Contract u% determined by a ctnot of compctcnt jurisdiction liver the parties and Ilse .subject mailer or this Cu"hact shall in nu way affect the validity of ally other pruvisiun hcreur. G. Neutral Construction: The parties cslncssly understand and agree that, altb"tigh title party may have mnrc responsihility in prcliming this Contract than the other, all partics heron ctitwlly,ilegoli;ucd all of the provisions hcrein such that the Constructitni and interprelatiun or this Contract shall, in all events and circumstances, he neutral and nut conitrucd inore advantagenttsly in fnvvr of the party who was nut the acutal scrivener of this Contract. II., .Itirisdlctlim anti t'emie:'I1te patties acknowledge Ihx1 tilt! nugntiatiun%, lilt is: ipalcd perfunnnnce 'and exccutiun or this Contract occurred in Miami•Dadc County. 1:1wida. _Witkow limiting the jurisdiction or venue of any oilier federal or stale courts, each of the panics irrevocably and uncuodihunally: fill agrees Thal any suit, action fir legal proceeding arising nut of fir relating to this Contract will he brought in the cotith of record of Litt: State of 1'141rida in N1611hi•1)ade Guunty, (b) evit:cists to the jurisdittion or each such coup in any suit, action or pruceeding: and (c) naives any objeetimt which it filly !tale its lite laying fir vt7wc ur anti such suit, action tir luitcccding in the court.% or record of the state of I•lorida in titi:utti•Uadc Coutnl'. 1. C�timteruarls: 'this Contract may he executed in inn (2) fir more ra"nterprdt%, cnth ul which shall he deemed xn or+ginnl, bill all of which tuLethcr shall constitute title and the stime ('uwraci. ratty 1T ui'f�uift'ptKri —��`� '�-�t.nh1 i(niiinn r'7iu:iS'tilite . ifij. ie6iuut• 3i; ?iHff Curirract Paw Sale tint! 1'iu•elw.re r IN WITNESS WHEREON. the patties hnvc ctecutcd this Contract as or the day of ItHIl. witnesses; MAULE A. MOULF.Y BUYrlk. SOUTH MIAMI COMMUNITY IM)EVF.LI)Pi1IFNT AGENCY, a Ily. CHARLES SCURR, F.secutive Uircctnr AFFIX SFAI.1 Ar.CCA'TANCF. IIY ESCROW AGENT 91te foregoing p(nvisiaus of this L:unlrnct relating solely to the Fscro+v Ay cot's resp(ntsihilities ate agreed 10 and receipt or the t'ull Cuntract Deposit pursuant to this Cuntrata arc hereby acknowledged as of the _ day of .20a 1. LA MM YM TCI'1.6 INSURANCF CORPORA 1'ION / fty' t'IVrr11'wrticrft(IV II'eM•Ktl(lal t:lt ' >,rrjtc�i nTiT'unt p + ;n `��_r�• •� ,ett er7toe )+ite: SGeZt neiai•�'iUiuir�� J�;'!bl) Co ntrc•f For Side Ant! PUrchave ANNEX IT() CUN'i'izX( -r FOR SAIX AND 1'URCrtgyp PERIt11T1'1sD 1'ITLt; F'(CGPTIUNS 1. Conditions. restrictions. limitations, cascntcnts, dccelupntcnt. aF ccctnents, Jcdir.►tiuna, rights-of-way, .cmicurrency ugreemems, reservatitins, and waivers or plat, anti m amendments thereto, and all prescut and future building, code- rcgulutitins and requirements. zuning codes and regulations, restdUit►ns• prohibitions• ordilranccs. rrsulutious and other requirements and orders urgeneral or property sli'milic applicability issued or imposed by arty goverimicittal oulhority, and coneurrcney imattcrs pertaining to the property being cunveyed by Seller; 2. 'Fares and assessorcuts rill lire year iu which the Closing Date occurs (ptoralctl trr paid by Seller and Buyer as provided in the Contract), and all taxes and assessments leviell nr assessed subsequent lu the Closing Date. 3. C:unditiot►s, reslrictiuns. Fasements and dedications as shown on ('tat ur ttl?AL'ry SECURI'1'll °1 CORPORATION'S '1't)1VN51'1'1�.'UH' I,ARKINti; ncEnrdinit to llu• flat' thercul, as mcurded in ('Iat lluult 2, Page 105, of the Public Rccurds of Miami -Dade County. Florida. 4. 'Perms and ct►uditiuns ur that certain Easement dated January 10, 1961 liorn T.R. Ctockett in favor of Florida Power & Light Company, as recorded au Janunry I J. 1961 under C'lerk's File No. fit R -7061 in the l'uhlic Records uf,Jkliami -Dade (.'otouy, Florida. 5. Terms and conditions of restrictive covenants set forth in: (a) Dced dalcd Novcnrtrrr 21), 1924 1'mm Realty Securities Corpnrntion to Sallic F. Savage, as recorded in Decd Book 465, Page 274; and (b) Clad dated October 21, 1924 from Rcalty Securities Corliwation to T.L Savage, ns recorded in Iced Book 455. ('agc 73, A in the Public Rccurds ar Miami -Dade County, rlurida; b. Uncroaehmcnts, overlaps, boundary line disputes, and any other matters which would be disclosed by nn necuratc slimy and inspection ui the Rcal Property including, without limitation, casements or claints Ur casenlcnis not shooll h}' the public records (subject to the provisions of Paragraph 10 or the Contract). 7. All matters rererettced in lite Contract, including without limitation Paragraphs 5, ?, lt), Subparagraph 12.1 and Puragrnphs t S and 28 therein. ANNEX I act i or a,ra papa ; -- -�-- .all lit, oon r:ic-,W,J:ir;� ":r`: rive -j-slt iifrt !'ermilrer! TWO Exceptiulrr 1 l Il "A" -1.0 CONTRACI" Ef-11 SALT AND PURf'11nSr It�[V�,N'ORY OF PERSONAL 1'IWP 'R'I'Y 'I he description and inventory or life Persunal Prniperly also being sold %villi the Real 11rolicrty are thnsc I items specilicaily itcmizcd hcluw its tnay be f IMI bY the SOler'and which are , presently lucated ill MIAN1I -DARE County. Florida oil like Real Prajierty. 'I'hc rullowing personal Property is being sold in its existing• "WHE,RE IS, AS IS" cundiliun: SUITE A Niessanine office loft (approximately 3t)% of gross arcs) Vaimiety of interior, partitions and finishes Central air - conditioning system Itou( mounted ventilator syslcm Vuriuus security grills Fluorescent lighting Single Bathroom: Sign, toilet, light and ventilation ran SLUE E M. [too( mounted ventilator .system Various security grills Single Bathroom: Sign, toilet, light and ventilation fan SUITE C: Rear storage loft ( apprnximatcly 15% of gross area) Small partitioned office space at front dour Roof moulded venlilalur .rystent Various security grill Single Uathruom: Sign, toilet, light and ventilation (an SUITE 1): Roof mounted ventilator system Various security grills Single Bathroom: Sign, toilet, light and ventilation fan SELLER'61SCLOSES .711E FOLLOWING INTERIOR INll'RO1'FT%IEN'I :ti 11,\Dh: lll' THE EXISTING 'ITNANTS REFFRENCFD IN EXIIIUIT "II" TO 'Tills CONTRACT' W11101. MAY BE SUUJECI' TO REMOVAL BY THE INSTAL LING "1'llE SAME UPON ANY VACANCY OF TIIE AIPL[CA13LE SLiFFE: SUITES A AND B (Two Little Fishes, life.): Additional lighting rMures One (I) interior wall - mounted air - conditioner Various office and trade fixtures. SUITE C [Nfarearite Enterprises. Inc.); NONE (To the best of Seller's knowledge). SUITE D'(Stork Avenue, Inc:): Office /sturage/luft with partitions One (1) interlur wall- mnnnled air - conditioner Varinux ofrice and trade fixtures L1,jXLL1UlT "All +ire o - .�a ern a'n`Tiitec�{�tann �y. e�rurq ]A:?ikil Irrventary t f Personal Property, EXIIIIIIT "It "'1'U CON'rltAd' F614 SALF, ANQ 1'1RC'IImr } ')' Fi !.'1111`.CC.lil'�4�1'l:,IiQLL , 15825 S.W- 6811% Street, South Miami, Miami -Wile Cnuu(y, Florida.] SUITES A AND U: 'I'cttxnt: TWO LITTLF FI.SHE INC., a Florida curpornlion (�eme_Term: Month- to -nwnih (Orml 1,ease) Mootbly Rot: S1,667.16 (Groyx) Rent Status: Paid through February 28, 2001 (None prepaid.)' Security Deposit: $1,0110.1111 Brukcraee Cunnuismitg: Nouc. SUITE, C: Tenant: h1ARGARITE ENTERPItiSES, INC., it Flurida corporation Lease Term: Month -lo -month (Ural Lease) Monthly (tent: S905.25 (Gross) )tent Status: Paid Through February 28, 21101 (None prepaid.) Security Deposit: $2,000.01) ltrukcratie Cammilssfim None. SUITE U• Tennn : STORK AVENUE, INC., a Florida corporation Lease Term: Three (3) years enntmcocing nn July 1, ,211110 (the "Lease Commencement Date"), and ending on June 30, 2003 (The "Len.►c Etpiratiml Date ") h1on1111V Rent: S850.00 (Phis 25% of taxlimuraucc above 1999 Ilasc Rent Status: Paid Through February 28, 2001 (None prepaid.) Security Deposit: 52,000.00 lirokcrage Commissions: None. MATTERS SKI' FORTii INTIIF FOREGOING: RF ;N'' BULL, ItF1NG'rlll, MOS'rACCUI KrEINFORMATIONAS TOTHEEXISTINGTENANCIES, EXPRESSLY SUPERCEDE AND CONTROL ANY CONFLICTING PROVISIONS IN THE C'ONTRACI' '1'O THE FULL, EXTENT OF ANV SUCH CONFLICT, INC:IAMING, WI'1'llOUT L.UNlITATION,TI1F:SrI,LER REPRESENTATIONS IN 81111PARAGRAI'hl 12 (1), AND PARAGRA1'll 15 OF THE C:ONTRAC1'. NOTWITHSTANDING THE F0I(I- '(.,*01NG CAVEAT', ALL DISCLOSURES 'AND (YI'I IL•'R CONTRACI' PROVISIONS REGARUIN(. THE STORK AVENUF, L,LANE SIIALI, REMAIN UNCIIANGFU BY ANY CONFIA"I' IN THIS EXHIBIT. a EXIIIUIT ,.U„ rio—zr-11171 legal Patti '— La,I I(ininn ,ntr:'tl e�lniil�j:`I r rr ■r�y"1�: ?1iDt - . Rent RoU of Twuuls tk 1 NN �. ..rr 7. t acme LAND 04TABASC -6=33 FPt ...,,.:. QUIM CmTrX)PW=RAFMY- l5iCtt.ii.» t i' 500 r l� Y NN 7. iZ 1 � , Z NY. NX MrrAL LA MO DG=Q*Thcp"c=R" no FOLIO NUMBER: 09-4025-028-0930 ADDRESS: 5825 SW 68 ST MAILING ADDRESS: WALTER MOBLEY &W MABLE. PO BOX 43.1458, SOUTH MIAMI FL,, 33243-1458 CLUC: 0037 WAREHOUSE OR STORAGE PRIMARY ZONE: 6200 ARTERIAL BUSINESS BEDROOMS: 0 BATHS: 0 FLOORS: I LIVING UNITS: 0 ADJ SQUARE FOOTAGE: 6.720 LOT SIZE: 18.375 SO FT YEAR BUILT: 1983 TOWNSITE OF LARKINS PB 2-105 LOTS 18 THRU 22 INC BLK 8 LOT SIZE 125.000 X 147 OR 10937- LEGAL DESCRIPTION: 141311801 SALE OIR: 109371413 SALE MONTH: 11 SALE YEAR: 1980 SALE AMOUNT: 100,000 ASSESSMENT YEAR: 2000 ASSESSED VALUE: $296,922 LAND VALUE: 3 174.563 HOMESTEAD EXEMPTION: $0 BUILDING VALUE: $122,359 WIDOW EXEMPTION: $0 MARKET VALUE: $2%,922 TOTAL EXEMPTIONS: $0 TAXABLE VALUE; $296,922 ASSESSMENT YEAR: 1999 ASSESSED VALUE: $253.359 LAND VALUE: $131,000 HOMESTEAD EXEMPTION; $0 BUILDING VALUE: $122,359 WIDOW EXEMPTION: so MARKET VALUE: $253,359 TOTAL EXEMPTIONS: S 0 TAXABLE VALUE: $253.359 1114101 I il+ ` ,'!► _ , ' j, J iNC. REALi,.S August 29, 2000 Gregory J. Oravec Assistant to the City'Manager Interim CRA Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 RE: A ground level four bay industrial building Located at: 5825 SW 68 Street South Miami; Florida As of August 29, 2000 Dear Mr. Oravec: Upon your authorization,'l have conducted the investigations and analyses necessary to fonm an opinion of the value. of the fee simple interest in the ground level four bay industrial building located at 5825 SW 68 Street, South Miami, Florida. The subject is currently leased, to three tenants but at the request of the client no consideration for the current leases.is being made. The leases may be below market and may have an effect on the value of the subject property: depending on the length of the lease but the leases are not being analyzed in this report. Therefore, this is a. hypothetical report which is being completed as if the property were vacant and 'available for occupancy. It has a total of approximately' 6,528 sq. ft. of building area according to measurements completed by the undersigned. It. is situated on a 18,375 sq. ft. site. A legal description of the subject property is contained in the identification section of this report. The opinions set forth in this report are stated as of August 29, 2000, the date of inspection. The term "market value" is defined as: the most probable price estimated in terms of money which the property is erpecied to bring, if exposed for - sale in the Open Market by a willing seller to a willing buyer, neither being under duress and having full knowledge of the uses and purposes of the property, and having the'. property :exposed to. the market a reasonable length of time. 2 A more detailed definition of market value can be . found in the ' nature of the assignment section-of this report. The analyses and opinions in this appraisal are subject to the following premises, assumptions, and limitations:.. This is a complete self contained appraisal report as defined by the Uniform Standards of Professional Appraisal Practice. This means that no departures from Standard 1 were invoked. The subject. property was appraised -on a fee simple basis: No chattel property or trade fixtures are being valued in this appraisal report. The subject improvenients are being used as an industrial storage and manufacturing. facility. This type of operation probably does involve the use of hazardous materials. All prior uses of the site are unknown:.Thd. undersigned .has no expertise in the determination of environmental threats, therefore, the user of this report is urged to obtain the applicable reports which would be satisfactory to DERM,.(Department of Envirorunental Resource Management). In the event that significant, environmental problems are ,discovered on the site the value of the .property will diminish (at least) in direct relation to the cost of the cleanup. This appraisal report was prepared for the internal needs of the City of South il"liami, who ordered the report' for, the purpose of determining a market value to use in the exchange of the subject site for other property and may not be suitable for other uses. An appraisal. provides an unbiased estimate of the value and should be considered in its entirety. The value contained in the appraisal report is as of a certain date and this value may be affected by events subsequent; to that date. Further, the appraisal is subject to the statement of limiting conditions and appraiser's certification. Minor.. Based on -an inspection of the property: and, the investigation ,and analyses undertaken, I have formed the opinion that as of August 29, 2000, subject to the verification that the subject has been:: completed in accordance with all applicable government ordinances', subject to the verification that there are no encroachments and without consideration of any present occupancy or any 'existing leases and subject to the assumptions and limiting conditions set forth on this page and at the end�of the analysis section of this report, the market value of the subject is: FEE SIMPLE MARKET VALUE Four Hundred Thirty Thousand Dollars ($ 430,000} William John Eisnor Jr.; SRA, SRPA 'NIAI State Certified General Real Estate Appraiser Number 00001 63' The narrative appraisal report that follows sets forth the identification of the property, the assumptions and limiting conditions, pertinent facts about the area and the subject property, comparable data, the results of the investigations and analyses, and the reasoning leading to the conclusions. _ t will snorNCREALTORS CERTIFICATION I hereby certify that, to the best of my knowledge and belief,... ) The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited .only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the properties that are the subject of this report, and I have no personal interest or bias with respect to the parties involved. •ivly compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. The analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice-of the Appraisal Institute. The use of this report is-subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. As of the Date of this report, William John'Eisnor Jr. SRA, SRPA, MAI has completed the requirements of the continuing education program of the Appraisal Institute. No one provided significant professional assistance to the person signing this report. William John Eisnor Jr. SRA, MAI physically inspected the subject site. This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan, as required. 'S A Loa 1� INC. fiEALTORs i App CS'risit� may, Based on an inspection of the property and the investigation,and analyses' undertaken, I have formed the opinion that as of- August 29, 2000, subject to the verification that the subject has been completed in accordance with all applicable govermnent ordinances, subject to the verification that there are no encroachments and without consideration of any present occupancy or any. existing leases and subject to the assumptions and limiting conditions set forth on this page and at the end of the analysis section of this,report, the,market'value of the subject is: FEE SIMPLE NIARKET VALUE Four Hundred Thirty Thousand Dollars (S 430,000) Respectfully submitted, William John Eisnor, Jr., SRA, SI PA, MAI State Certified General Real Estate Appraiser Number 0000163 1 � ' b I appraisal SUMMARY OF SALIENT DATA AND CONCLUSION DATE OF VALUATION: August 29, 2000 . LOCATION: 5825 SW 68 Street, South Miami, Florida. DESCRIPTION: Approximately 6,528 sq. ft. building area. HIGHEST AND BEST USE: Industrial use as improved ZONING: -LO Low Intensity Office BUILDING AREA: According to measurements completed by the undersigned on the date of this appraisal the subject improvements have a total area of 6,528 sq., ft. LAND AREA According to the.public records the subject site has approximately 125 feet of frontage along NW 68 Street and it is approximately 147 feet deep. According to, the Dade County tax roll, the subject'has a total land area of 18,375 sq. ft. 1 9 appraisal OWNER OF RECORD: It is currently awned by Mr. & Mrs. Walter Mobley HISTORY: According' to the tax roll the subject site was P urchased in November of 1980 for $100'000 and a new warehouse was constructed on -the site in 1983. According to the current owner the subject is leased at $8:50 to $10.00 per sq. ft. but the subject was offered for lease at.$7.15 per sq. ft. recently. The subject has not been offered for sale in the Miami or National Multiple Listing System in the last year. There has been no arm's - length sale of this property in the last five years. MARKET VALUE Based On Cost.Approach. NIA Based On Direct Approach:. S 425,000 Based On Income Approach: S 430,000 MARKET VALUE (FEE SIMPLE ) S 430,000 j IViARKETING TIME: Under I 1 months 1 10 Monthly Payment Table 1r� r I •G, r .+ Monthly Payments Table for 5 Years For Interest Rates 7.000 to 9.000 Percent ' Page'l of 1, • rrr , r rrr •.� �::�� •rrrr ....; :�• rrrr :� ::• : � rrrr : •• : .. •� • rrr : �• : �. :: . .rrr : � : •.. .rrr: �:.• :rrr . •� : �, • rrr r UK, I, ,rrr :• rrrr: • • rrr :.� .:, rrr• ��. � :. ��•- :rrr :. .:: rr Raul :rrr I :� •. . :�• � .. •tr �• : •: ;► . r2. E'i►�: .: .� •.:• m- � .:• •• •• •� . ;.... � •: �:...;;.;,;,: :.: :• um :•. . �• : .. - :• . � �. ..• :.r . � : :, :, :. :. :::� :. :.. ••; :: f •:: • : �- : • �� :: :::. ,.•,. ., ....:: ��$�. II fir, 'rrr E. =. . ::.: � ::•. : •.. ;, •::: :M.- • :. •:: : -•� �• •. : •• :, ��"rii�: :. UM ;.,. � • : � •• .� i•:. •: :.. .:. ... :.. .• : �: • .� � : •. ::• �. ::•� :• .�• :• : :•. •• � qtr .� .�. , .. :: ::: �.:• .:•:. • _ uai ,Lh /flan cai?mmn= 400000 &nmx= 440000 &imn = 7.00 &imx--9.00 &vrs =5 &our— HTNiL +3.0+Table 1/14/01 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Honorable Chair Date: June 6, 2002 and SMCRA Board From: Charles D. Scurr SMCRA Executive Director REQUEST Subject: Agenda #1-0— CRA Board Meeting 06/10/02 Approval of Single Family Rehabilitation Grant A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING A SINGLE FAMILY REHABILITATION GRANT OF UP TO $2,595.00 AWARDED TO GEORGE JOHNSON FOR IMPROVEMENTS TO HIS PROPERTY LOCATED AT 6461 SW 59TH COURT; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE SAID FUNDS FROM THE SINGLE , FAMILY REHABILITATION LINE ITEM OF THE ADOPTED FY 01 -02 BUDGET; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS -The Single Family Rehabilitation Program offers three levels of grant funding to single family homeowners within the South Miami Community Redevelopment Area in order to increase the quality of the existing housing stock. The program prioritizes application which address health, safety, and welfare issues or would assist applicants who can least afford to carry out rehabilitation activities. Pursuant to program guidelines, George Johnson submitted a grant application requesting up to $2,595 in funding assistance to install a new fence, repair the bathroom, and to pay for fumigation expenses for his property located at 6461 SW 59 Court. Last year, Mr. Johnson also participated in the Mortgage Assistance Program and received $2,500 in closing costs /down payment assistance from the SMCRA. Approval of Mr. Johnson's application. had been deferred pending resolution of criminal charges -for gambling, keeping a gambling house, drug paraphernalia, and gun charges. A "Nolle Pros" and "No Action" determination was reached for each of those charges. RECOMMENDATION Staff concluded that no legal impediments exist preventing approval of this application. 1 2 3 4 5. 6 7 8 9 10 11 12 13 14 15 16 1.7 18 .19 20 21 22 23 24 25 26 27 28. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 RESOLUTION NO. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY. REDEVELOPMENT AGENCY APPROVING A SINGLE FAMILY' REHABILITATION 'GRANT OF UP TO $2,595.00 AWARDED TO GEORGE 'JOHNSON FOR IMPROVEMENTS TO HIS PROPERTY LOCATED AT 6461 SW 59TH COURT; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE SAID FUNDS FROM THE SINGLE FAMILY REHABILITATION LINE ITEM OF THE ADOPTED FY 01 -02 BUDGET; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the South Miami Community Redevelopment Agency (SMCRA) is committed to achieving holistic neighborhood revitalization through physical, economic and social development; and WHEREAS, to achieve neighborhood revitalization, the SMCRA is granted powers by the State and County, including the ability to administer housing rehabilitation programs; and WHEREAS, the Chair and SMCRA Board desire to award rehabilitation grants in order to enhance the quality of the existing housing stock and quality of life in the Redevelopment Area. NOW, THEREFORE, BE IT RESOLVED BY SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. The residential rehabilitation grant in an amount up to $2,595 awarded to George Johnson for improvements to his property located at 6461 SW 59 °i Court is hereby approved. Section 2. The Executive Director is authorized to disburse said amount from the Single Family Rehabilitation line item of the adopted FY 01 -02 pursuant to the guidelines of the Single Family Rehabilitation Program. Section 3. That the resolution shall take effect immediately upon approval. PASSED AND ADOPTED this; day of ATTEST: SECRETARY READ AND APPROVED AS TO FORM GENERAL COUNSEL 12002. APPROVED: CHAIRPERSON Board Vote: Chairperson Robaina: Vice Chairperson Russell: Board Member Bethel: Board Member Birts- Cooper: Board Member Cooper: Board Member Feliu: Board Member Wiscombe: "IC1,1 SOUTH [AM[COMMI 9ROPosCcP 'leAaL Prepared by SDI, Inc. page 1 of 3 APPLICANT'S NAME DATE OF BIRTH 3S SOCIAL SECURITY # MARRIED MARITAL STATUS ........ ........ ......... ..... ...... SEPARATED (check one) . ............................................. ... **-*-***--- ...... ....... X, UNMARRIED (includes single, divorced & widowed) HOME WORK PHONE when can you be reached: PHONE when can you be reached:.'.,'. V CO-APPLICANT'S NAME (Spouse) SOCIAL DATE OF BIRTH SECURITY# MARRIED MARITAL STATUS SEPARATED (check one) . .................................................................................................................................................... ...................................... .. ............. UNMARRIED (includes single, divorced & widowed) HOME WORK PHONE when can you be reached: PHONE when can you be reached: CURRENT 5y ADDRESS - ------------------------------------- ------------- --- ----- -- ---- --- --- ---- ------- -- -------------- --- 7 17e `How long at this address? YEARS MONTHS $11 9ROPosCcP 'leAaL Prepared by SDI, Inc. page 1 of 3 INCOMEiINFORMATION (ANNUAL) ' List`all sources of income earned ear! 'from the sources bsfed below` . r Include^ °all amounts which can be verified such as,, ocia. ecurity benefits, interest income' ,part time, employment l,chrld; su#brt/airmony, orother inco'rne declared ;on federa /'ax return) :1 �r APPLICANT 4 ` 1' r r CO APPLICANT' Primary Job $ Primary Job $ Second Job $ Second Job $ Pension $ Pension $ Social Security $ &/,'�, Social Security $ AFDC/Welfare $ AFDC/Welfare $ Alimony /Child Support- $ Alimony /Child Support $ Workers' Workers' Compensation' $ I Compensation $ Interest -from- Savings $ Interest from Savings $ ` Other income (explain) $ �j �,. Cj`� Other income (explain) $ TOTAL [$ L9 TOTAL $ u��tyot _�,��., � "ses'"a�:i+ar� �'4�atci�(at�on��ar~ (i� i�il• ., xr�"` c��.�� h�• ;a�.�i�rd�i't�es�tfiefSMGRA :w�N �. w,1C.IM,r,.4- L w M� Fa. rL�tr 47 � #,.,y'c�",;� > � "- 7� ,.� •}, �' w w +, r 7^� �cu � �' •F�d t it '2C•'�`5 .� �,_Yx. �,�� 7.x i {. Y r r�% y, r�� ..� .a�.,,,ty� t'�.r',{, ?,1'�w.%dw :.+..7• ..iI�5"•. {:fy r,�,�Y•7y y !, S .aY ,.t1 . � .�' ! 4. tY p fF /° L�n�1��...i ♦ A'tx lj'i��l•%j�9�."yc�M*�? y.� 3g`TC .'.i'b"t'� � 4•� �� C�LM's„ � ��..r R.- Cs ^ ^.S•w•.v�L•`.+: VNA�'tIV YSTf',Y'AK. lw.H';�` WY��s ,Gc .rV�r.Y•YI>F•,' .rnyl. .� �.frtWd�� ..l.v u ^� PROPERTY AND MORTGAGE INFORMATION NAME OF LENDERPROVI DING YOUR MORTGAGE OR -- - - -- -- - - - - -- :- -- - MORTGAGES ry is 1 V/* �'�� —�• •V - / fJ,• �. �...%� Ui ✓rs ADDRESS OF LENDER(S) _..�• ........................ ................... ; ISq �rV•4�.�•.J ,/ l je, i JAN /..I,j•r'� PHONE NUMBER OF LENDER ( ) ADDRESS OF PROPERTY TO �...... J... �� ... /t'!..:.. BE REHABILITATED ..%_....... ... ............................... .....•'V °........_.............. HOUSE 'NUMBER OF NUMBER OF HOUSE SIZE = SF INFORMATION BEDROOMS BATHROOMS (SQUARE FEET) ,G'•= ASSESSED VALUE OF PROPERTY AS DETERMINED BY THE MOST $ RECENT MIAMI -DADE COUNTY PROPERTY ASSESSMENT OFFICE Prepared by SDI, Inc. page 2 of 3 Proposed Rehabilitation Work This portion of the application can be provided after income guideline eligibility is determined. It can be completed by the applicant or by a licensed contractor. The '4. format for this section shall not be preset but may be completed on a case -by -case basis. el FL! YY1 � y_ 0 City of South Miami Community Redevelopment Agency 6130 Sunset Drive, South Miami, FL 33143 Greg Oravec, Director Phone: '305- 663 -6338 FAX: 305 -663 -6345 n NOTICE TO APPLICANT'S This notice is provided to you as required by the Right to Financial Privacy Act of 1978 and states that the South Miami Community Redevelopment Agency (SMCRA) has a right of access to.financial records held by any financial institution in .connection with the consideration or administration of the housing loan for which you have applied. Financial records involving your transaction will be available to the SMCRA without further notice or authorization, but will not be disclosed or released to another government agency or private entity without your consent, except as required or permitted by law. NI Name Name Date Date r 1 1 G e l f S' E- L r ,l G(Y17 /'G. �► r� �' C�� JV % ► V-.c Y a, / 1V vl2 e.5 i p T L ti l `y r / 'roe, tti'L r. .L i) 1 -V' { S c c! C'c f �• /,rt'G -'�. C� / ; L L.�•«�� y� i n3' (.L �i !(; L- r'I(�cL(��' t., ,ill � �! �/� • % / / � / Cr`' %.5 � , �cr` (j 1 !-= � �'% ,�` ` T L L_ 5 ' ,$ i a /CJ C.: "G% %.- �7 , : s ,!. � 1 E- t -' � i i•��1 G c` /`� ` 1 � � ..' t � ti tJ it Aq- 0 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM South Miami All- America City 1 m 2001 To: Honorable Chair Date: June 7, 2002 and'SMCRA Board From: 'Charles D. Scurr Subject: Agenda Item #_ 1 Executive Director CRA Board Meeting 6 /11 /02 Single Family Rehab Application for Yvonne James REQUEST A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING A SINGLE FAMILY REHABILITATION GRANT, OF UP TO $5,972.00 AWARDED TO YVONNE JAMES FOR IMPROVEMENTS TO HER PROPERTY LOCATED AT 6175 SW 64r." TERRACE; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE SAID FUNDS FROM THE SINGLE FAMILY REHABILITATION LINE ITEM OF THE ADOPTED FY 01 -02 BUDGET; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The Single Family Rehabilitation Program offers three levels of grant funding to single family homeowners within the South Miami Community Redevelopment Area in order to increase the quality of the existing housing stock.., The program prioritizes application which address health, safety, and. welfare issues or would assist applicants who can least afford to carry out rehabilitation activities. Pursuant to program guidelines, Yvonne James has submitted the required grant application and pertinent documentation requesting a first level grant of $2,500 and a second level matching grant of $3,472 for a total of up to $5,972. Ms..James has requested this funding assistance to rehabilitate her property. located at 6175 SW 64th Terrace. The rehabilitation work proposed is itemized below: Foundation (7ft. area), • Painting (exterior and interior) • Tile (front porch and interior) • Plastering (bathroom ceiling) • Electrical (replace electrical outlets and ceiling fans) • Miscellaneous work (carpet, smoke detectors, and dryer ventilation) RECOMMENDATION Your approval is recommended. I 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT 4 AGENCY APPROVING A SINGLE FAMILY REHABILITATION GRANT OF UP TO 5 $5,972.00 AWARDED TO YVONNE JAMES FOR IMPROVEMENTS 'TO HER 6 PROPERTY LOCATED AT 6175 SW 64TH TERRACE; AUTHORIZING THE 7 EXECUTIVE DIRECTOR TO DISBURSE SAID FUNDS FROM THE SINGLE, FAMILY 8 REHABILITATION , LINE ITEM OF THE ADOPTED FY 01 -02 BUDGET; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the South Miami Community Redevelopment Agency . (SMCRA) is 12 committed to achieving holistic neighborhood revitalization through physical, economic and 13 social development; and 14 15 WHEREAS, to'achieve neighborhood revitalization, the SMCRA is granted, powers by 16 the State and County, including the ability to administer housing rehabilitation programs; and . 17 18 WHEREAS, the Chair'and -SMCRA Board desire to award rehabilitation grants in order 1.9 to enhance the quality of the existing housing stock and quality of life in the Redevelopment 20 Area. 21 22 NOW, THEREFORE, BE IT RESOLVED BY SOUTH MIAMI COMMUNITY 23 REDEVELOPMENT AGENCY: 24 25 Section 1. The residential rehabilitation grant in an amount up to $5,972 awarded to 26 Yvonne James for improvements to their property located at 6175 S.W. 64 °i Terrace is hereby 27 approved. 28 29 Section 2. The Executive Director is authorized to disburse said amount from the Single 30 Family Rehabilitation line item of the adopted FY 01 -02 pursuant to the guidelines of the Single 31 'Family Rehabilitation Program. 32 33 Section 3. That the resolution shall take effect immediately upon approval. 34 35' PASSED AND ADOPTED this day of 52002. 36 37 38 ATTEST: APPROVED: 39 40 41 SECRETARY CHAIRPERSON 42 43 44 Board Vote: 45 READ AND APPROVED AS TO FORM: Chairperson Robaina: 46 Vice Chairperson Russell: 47 Board Member Bethel: 48 _ Board Member Birts- Cooper: 49 Board Member Kelly: 50 Board Member Feliu: - 51 Board Member Wiscombe: 52 53 APPLICANT AMD CQ- APPLICANT INFORMATION:.' APPLICANT'S NAME V v, DATE OF BIRTH SOCIAL I SECURITY ........................... MARRIED MARITAL STATUS ............................... SEPARATED (check.one) .. ` UNMARRIED (includes single divorced '� riiuct ad; -' +�, ' , HOME WORK PHONE when can you be reachad: PHONE when can you be reached: �!f�'� � � .•.�•.f� � _ ♦t. .4.� � L \.. \J::•': -. �A:'.`Trw r:' �. .•:t ^!- 'is<�. 'R;'yyy1. G..J :.. 1_ K•�••: - i.- • `^"'•�J •iyr }�.C.sSF� y � .'11 �1 +•. L :f �� nr'<l�';�,: <.I n'Lt!•r {L��.��r ti:� ": S`�t- •'�•�'�'. /t• t� -.t� CO- APPLICANT'S NAME (SPouse), I SOCI, A�L DATE OF BIRTH yiIARR1ED MARITAL STATUS SEPARATED ac (ch;� one) UNMARRIED (includes single, divorced & widowed) ( ) HOME ( ) WORK PHONE when can you be reached' PHONE when can you be rea,had: p �.,.«� rL• w r• . ,:r v•+.:J. - -,:: w:: ire i.• L.ti " t..• _ yet • �. ry "Cr.'.' a.t rf-' - �•y `K�' y�. 4 :�: -� ••.aw :� �i'+�a�'�� +s��,.y � >.i d1a'.;ri� ►_, ^��e ?��`'�'sM��:j„ tr;,lJitt a�S�'.�•��'�':v �, x� •Yr'�%'iz?�:...4.rf•.;�ti �•.ri Y�?�: '�i r • CURRENT A J�_.:' ................... ' ..................................................... ADDRESS ;r Hoerr long at this address? YEARS � ' � MONTHS :1;:, w.•tir T);`_ Via.•._ w.�4�j�.. ,.Y: •�.N•te•.j„� :. Mj,.f w�!r,1,' •f%a �`_!t. :iii'• �•;tr G,- :•- u.•^.._ :u t• -•• �Nr. - '.Y:J:.?., -�:.•. ` - ',�pK. •I t� ^6; �':�'rRNi:'. y.4+e':'W, u''t( •:,'•' C.si'ii �tT.�.,. ".±:. ro .:o.-..::..1i..:.y :`.: ;., ^•fir %e. �.' 3•.. •,+:. •'• ..��:]:�? :7'.r.'.°,°= ��K' ?3•�. '=1� ., :�- ..u(.•�?l`'i:!_ .. rn!..t.17 _"�i,4, ..�'rT.:, ,_._. P�::-"►' �r. Y��+; � :.:e:S��:�.:r,'f"��h- K�- i�:�aw a.•;...�!{.�yt INCOME INFORMATION:(ANNUAL), (List all sources:o/inome:c'eamed yearly from'the sources listed below Include all amounts can be ve sd such as Socra1- Security�bi ' iits, inferest irrcorne, : part -time employrrion r child suoporVgAnJ ny, .-or�othe'rincome declared on federal t ,,x return :APPLICANT CO ' Primary Job i,; ;, ,',,_'; Primary Job $ , , Second Job Second Job Pension $ Pension Social Security $ Social Security AFDCN\ /eifare $ AFDCANelfare Alimony /Child Support $ Alimony /Child Support $ Workers' Workers' $ Comoensation Compensation Interest from Savings $ Interest from Savings S Other income (explain) S Other income (explain) S TOTAL %; ��: -' -' TOTAL {iH 'osa 'c�ai,cfli <roa a i u ©n= ar i� it n'i' `uFidec� rt �iir Q!' es ie:SNIC 'iiiII : �y:� . k � , �,� .:,...�:.. aka i Yy��pG h1�d S .. scke.., t ;-� > at�� i 0 Dis iIity:. '-��r-}}�-,,��r'- L.f .,�F.�..:.. F�.:!•'I:G. - " ^a -.t:y :+;rte' -..� v^ tj�yY- r�� J'w,y -�`»'L c.r•. �7r T;i �3' w •2°:�.?s,�..y'.F° E,y� tj T�'a�i: Y�<. �r '. TC�'•v' w ""L' �Y31 �-�, .•C.. _ r.l..i Jam!:; � r,. k a A.- r• +;•� , .,'.✓. Yf11r..i.� i. %..,"'IL.. Lf lti,u�i•.t�GV:'�1%J'.� 'i'Y'f: .�. A'., �Ati PROPERTY.AND MORTGAGE INFORMATION NAB iE OF LENDER PROVIDING; YOUR MORTGAGE OR r MORTGAGES ADDRESS OF LENDERS) :.......... PHONE NU,MB.ER OF LENDER ( ) ADDRESS OF PROPERTY TO . ......... .;.. .....�..� ..... ��.;.. ..... ................................... .............................. . BE REHABILITATED f... I,.......,,.',.... HOUSE NUMBER OF HOUSE SIZE INFORMATION BEDROOIMS ;- BATHROO►NIS r (SQUARE FEET; ASSESSED VALUE.OF PROPERTY AS DETERMINED BY THE MOST, RECENT MIAMI =DARE COUNTY'. PROPERTY ASSESSMENT OFFICE Proposed Rehabilitation Work This portion of the application can be provided after income guideline eligibility is determined, It can be completed by the applicant or by a licensed contractor, The format for this section shall not be Flask AR maybe completed on a case -by -case basis. ;' f , City of South !Miami. Commun ty .Redevelopment Agency 6130 Sunset Drive, South Miami, FL 33143' Greg Oravec, Director Phone: 305 - 663 -6338 FAX: 305- 663 -6346 NOTICE TO A This notice is provided to you as required by the Right.to Financial Privacy Act of 1978 and states that the South iMiami Community Redevelopment Agency (SMCRA) has a right of access to financial records held by anv inancial institution in connecti ^n with the consideration or administration of the housing loan for which you have, appli °d. FFinancial ;ecords involving your transaction'will be availdble tc the . SiMC.RA without further notice car authorization, but ti';ill not be disclosed or releazz -d t0 ai.0the' go,;s Jiii1en a °n c;/ or ,p. ivata n`it,; ',vii.t,h u your c lsent, eXCep as required or parm,itted by.wiv. . Name Data Name Date Gertification'and Signature i t'Aa)j)ereby certify that all of the foregoing information is true and.complete to the best ci. my (our) knoWadge, and hereby give my (our) permission to the City of South Miami Community Redevelopment Agency (STACRA) (or any lender acting on the 'Agency's behalr) to conduct further credit and financial investigatior;, as deemed necessary to determine eligibility. Furthermore, 1, (wa) agrae to abide by the eligibility and p+-ogram requirements set forth in connection with any opportunities which may be offered to me (us) by the SNACjRA pursuant to this application. I (we) understand that false, inaccurate, or incomplete information in the foregoing application shall be considered cause for me (us) to be disqualified from participation in the Residential Rehabilitation Program for Single- rarniiy Homes, a program of the SNICRk and I (we) must irr,, `el+ nctif%j the Agency of any _ rn„dia� � g y 1. change in my (our) ir.:;ome, status'of employment prior to closing for re- vari`ication. I (�,ve) ,further understand than an "Affidavit of No Income Change" must be signed prior to receiving any program benefits. i (liV-3) hereby authorize the S%1CRA or any !tinder acting on the Agency's behalf to verify my past and present employment, past and present la. ndlord information, past and present mortgage loans, and any other credit information as needed. I (we) understan� a copy c` this form will aiso serve as suthcrization. WARNING. Florida Statute 817 provides that willful false statements or misrepresentation concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by; fines and imprisonment•provided under statute 775.1782 or 7 75.831. - fi Signature of-Applicant Signature of Co- Applicant Date Date J J(lYamn2a giovanna's ✓ourmel c512op & Calerinq .. . ........ . ........................ -'. M ".96odis ourpassion J'Yanzma .%oua ma's ................................................................. ............................... . The Lubrano's Corporation is requesting from the City of South Miami assistance to achieve a project that has been on the works for more than 5 years. This project is the opening, at Sunset Place, of a Gourmet Shop that will fulfill the needs of many people and organizations. The avant -garde concept for Mamma Giovanna was created after a scrupulous analysis of the numerous sectors of the food industry by individuals with more than 10 years of experience in the area. The Shop will have the strengths of some ventures and will reduce the limitations of some others. 1. GOURMET SHOP: Will sell the food produced in a industrial kitchen located in South Miami. Gourmet food will be prepared for breakfast, lunches and early dinners (delivered and take out). Its strong point is the unique menu with a large set of choices. Created by an experienced chef the menu offers International Gourmet food though it also includes a great variety of lean cuisine dishes and weekly menus for those following a particular diet or meal plan. It will be open from 7:30AM to 8PM seven days a week. During the morning hours, fresh gourmet home made breakfast will be prepared. Lunches will be distributed from noon to 2:30PM. In Sunset Place there will be only take out and delivery there will be no cooking 2. GIFT SHOP: Offer a complete line of products carrying Mamma Giovanna's logo. It would market Mamma Giovanna's PRFSERvES and a HOME COLLECTION. Some of the handcrafted products are dinnerware, frames, linen, magnets, baskets, and (tome made gounnel food like cakes, cookie jars and much more. This division will create several jobs for home - workers. 3. CATERING /GOURMET COOKING SCHOOL: Offer several courses to independent, schools and business. The Lubranos have witnessed many children bring only potatoes chips or onion rings or junk food as their lunch. The objective is to have the opportunity, as they did at South Point Elementary in Miami Beach in 1994, to teach small children and families how to eat correctly, and how to prepare healthy meals so they would not need to spend a fortune on diets or programs when their health is already compromised. APATE*WGZd66kMF—r CutsINE classes will be free for underprivileged residents of the City of South Miami willing to make a• career in that sector. Some of the students will be hired to work on a regular basis at the shop. In conclusion Afamma-Giovanna's §hop has the advantage to be open to the public offering its food to walk - in custoXpers Out at the same time delivering lunches to business and offices, in South Miami, Coral Gables, and I�en All. will spread its area of distribution. rl.v us oamperyou" WHY THE SHOP SERVICES WERE OFFERED TO THE CITY OF SOUTH MIAMI A few months ago the Lubranos become aware of the many efforts that Julio Robina, Mayor of South Miami, was doing not only to revive and bring more business to this part of the City but also to help their underprivileged residents by creating more job opportunities. More over the Mayor was discussing, with Zona IloSang, World Printing' owner, and some other businesses owners, the possibility of creating new locations where these citizens will have the opportunity of free courses to learn a new career and find better jobs. The Lubranos realized immediately that they would be able not only to offer the opportunity to become good cooks but also to help them to get licensed as food handlers or food managers. Furthermore for those in need of immediate help they would teach them how to work as parties servers with the minimum earning of $8 an hour. The Shop will create several part time jobs. The parties generated by the Shop clientele will generate more than 50 jobs. During the week will sell to offices and privates and will attract customers to the mall. At night the Shop will fulfill the Mall's need for upscale eatery that will offer international gourmet food. At night and weekends it will sell to people that usually goes out to the mall and movie theaters. WHY SUNSET PLACE WOULD BE THE IDEAL LOCATION The first time the Lubranos had a meeting at City IIall with Mayor Robina to present the plan the first question was what place in South Miami would benefit the most from a business like Mamma Giovanna's Shop? After many suggestions they realized that "Sunset Place" was in need of this kind of business. Mamma Giovanna's is an elegant and cozy gourmet shop that offers international Gourmet food and a very unique service. Besides it will attract customers from other cities like Kendall, Doral, and Coral Gables, where the Lubranos are well known. . 1. a,,.«...,.. .;o"S•.R `Yourl:eaA6is our business" WHAT KIND OF EXPERIENCE AND WHAT KIND OF SUPPORT MAMMA GIOVANNA'S COUNT ON THE LUBRANOS: 1. Experienced Italian cooks that have learned American and Latin cuisine 2. Have done courses in Catering & Gourmet Cuisine and Restaurant and Hotel Management 8. IIave extensive experience in organizing privates and corporate events. They even have been in charge of organizing events at the Orange Bowl with more than 5000 guests 4. IIas been in charge of Univision and South Shore Hospital eateries SUPPORTING BUSINESS AND PROFESSIONALS: 1. Les Oppenheim Cater by Les CEO and administrator. He was in charge of the Catering Services at the Elks Lodge and has been for many years the successful owner of a catering business. 2. David Reiner serious professional that has more than ten years of experience as captain of many events and in charge of commissary at the Actors Play House 3. IIandpicked staff members, selected by them during their many years of experience in the catering area Pro Forma Income Statement for Lubranos ( Spread Sheet I ) For the year ended: 2003 Revenues Net Sales Revenue Other Income Total Revenues Cost of Goods Sold Inventory/Merchandise Materials Supplies Labor Total Cost of Goods Sold Gross Income Operating Expenses Advertising /Promotion Bad Debts Depreciation Employee Benefits Insurance Legal /Professional Management Compensation Office Expense Pension Plan Contributions Rent/Lease Repairs and Maintenance Supplies Taxes /Licenses Travel /Meals /Entertainment Utilities Vehicles Wages /Salaries Miscellaneous Total Operating Expenses Income Before Interest and Tax Interest Expense Pre -Tax Income Income Tax Net Income [file: income] # of meals avg price of meals # of op da 20262.3 137 4.93 30 0 20262.3 4800 80 1200 0 6080 14034.24 14182.3 215 for var annual: 1800 2000 store 624.24 400 propane van payments 148.06 148.06 148.06 r�� Store counter supplies 1500 construction labor 800 seating setup 300 refreshment connection .300 Misc equipment 400 Misc labor 350 deli counter addition 250 water supply and dranage 6000 electrician 2500 TOTAL construction 12400 sanwich station 1200 Deli refrigirated display 3000 deli slicer 500 bread baskets 250 50 5 3750 hot food station warmer station 1300 soup warmers 200 100 2 convection oven 3300 Hot plates 220 Frier 450 small fridge 5470 salad station 130 salad /sandwich prep station 1500 Misc other store req 1500 Bar Espresso machine 1100 refrigerated bar counter 1650 water filtration system 200 stainless steel sink 350 toaster 100 small fridge 1000 Blender 130 4530 Misc other store req trash recepticle 145 legal fees 1200 M tables and seating 3000 3 months rent 6000 Initial inventory 5000 cash register /inventory PC 2000 17345 44995 44995 2924.675 47919.68