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Community Building Agreement for the Transit Village Project Draft 07.22.

09

COMMUNITY
BUILDING
AGREEMENT
DRAFT
07.22.09

for the
Transit Village Project
at NW 7th Ave and 62nd St.

Executive Summary .....................................................................p.2


Community Building Agreement ...................................................p.4
Attachment 1: First Source Hiring Program .................................p.18

prepared by Coalition Initiating Committee:


Miami Workers Center, LIFFT, NANA, Laborers International Union-Local 1652, Greene Dreams
Shoe Repair, Mop City Barber Shop, Leon Custom Tailor Shop, New World Academy,
Africans “R” Us, Trinity 99 Cent Store, Penny Warehouse, Game Stop, Moorer Towing

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Community Building Agreement for the Transit Village Project Draft 07.22.09

SUMMARY OF COMMUNITY BUILDING AGREEMENT


FOR THE TRANSIT VILLAGE PROJECT

 PURPOSE of the Community Building Agreement (CBA) is to insure that the employment,
business and housing opportunities that result from the Transit Village development support and
strengthen disadvantaged businesses and residents of the local community.

 LIVING WAGE JOBS AND JOBS TRAINING FOR LOCAL RESIDENTS


 Coordinated Job Training Program. 100 residents receive training for jobs (at least 50
are for skilled jobs that pay above living wage)
 First Source Hiring Program for all new hires
Run by a mutually acceptable local nonprofit
All hiring to be conducted initially through referrals from First Source Hiring
program
First Hiring Priority: Low-Income Individuals living in the Project Impact Area
for at least one year and Special Needs Individuals;
Second Priority: Low-Income Individuals residing in the County.
Goals – 50% first priority and 75% second priority. This should total at least 200
jobs.
 All employers (except 16 returning or locally owned small business) must pay the
County Living Wage
 All construction contracts must require payment of prevailing wage.
 Enforcement is the same as with the County Living Wage – including involvement of
Living Wage Commission

 SMALL BUSINESSES GET SUPPORT AND COME BACK


 Relocation Assistance
All relocating businesses will receive full Relocation Costs including all reasonable
moving costs and setup costs;
At least three relocation sites comparable to the existing site with respect to
pedestrian and vehicular traffic, parking, public transportation, square footage and
other reasonable business amenities;
Review of potential County owned sites for relocation;
If relocation site requires increased rent then County will reimburse extra rent for
60 months;
All reasonable moving costs and setup costs for return to the site.

 Relocation Services
Business and technical assistance
 Limited traffic on 6th Court
 Right of Return for all existing businesses.

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Community Building Agreement for the Transit Village Project Draft 07.22.09

 “Lost revenue” compensation to address lost revenue incurred by each small business
displaced and/or impacted as a result of the transit village project

 LONG-TERM PERMANENT SLOTS FOR SMALL BUSINESSES


 Up to 16 returning businesses or locally owned small businesses shall occupy the
Transit Village site.
 These businesses will receive
County assistance and services from half-time person.
Non-exclusive parking access.
Comprehensive ongoing business development assistance program.
Five years with no increase in rent from prior to relocation.

 HOMES LOCAL RESIDENTS CAN AFFORD


 200 units of affordable housing built, if possible, by community based nonprofits;
100 units affordable to 30% of median income.
100 units affordable to 65% of median income.
Built within a half mile of project site.
 First occupancy priority Scott/Carver Displacees.
 Second occupancy priority MDHA waiting list.
 Separate list developed for 65% units.

 TRANSPORTATION IMPOROVEMENTS
 Commitment to improve schedules and/or buses on local routes.
 Commitment to install more local bus shelters.

 CRITICAL SERVICES PROVIDED


 Best efforts to include in Transit Village:
Bill Payment Station, 24 Hour Urgent Care facility, a Wellness Center that
addresses holistic methods of approaching health care, and an Afro-centric Library.
An outdoor gathering space (amphitheater) that can seat up 75 people and an indoor
community meeting space that can hold 200 people (1000 square feet).

 ENFORCEMENT is by the County or private enforcement.

COMMUNITY CONTROLLED DEVELOPMENT: The Miami Workers Center and the


small businesses that are to be displaced and/or impacted at the site to comprise a non-profit
development team that develops the site.

 COALITION ADVISORY COMMITTEE provides oversight.

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Community Building Agreement for the Transit Village Project Draft 07.22.09

N.W. 7th AVE AND 62nd ST. TRANSIT VILLAGE PROJECT


COMMUNITY BUILDING AGREEMENT
I. PURPOSE
The purpose of this Community Building Agreement for the NW. 7th Ave and 62nd St. Transit
Village Project is to provide for a coordinated effort between the Coalition, the County and the
Developer to maximize the benefits of the Project to the surrounding community. All parties
recognize and acknowledge that the NW. 7th Ave and 62nd St. Transit Village Project is substantially
publicly funded, and that without these public subsidies the project would not be feasible. As a result
of that assistance, the project will create substantial employment opportunities, business, housing and
other development opportunities which would not exist but for that assistance. It is the purpose of this
Agreement to insure that the employment opportunities, the business opportunities, the housing
opportunities and the other opportunities, including all goods and services purchased in connection
with the development of this project, to the greatest extent feasible assist disadvantaged businesses and
residents of the local community, as well as the small local businesses forced to relocate as a result of
the project.
For these reasons, and in consideration of mutual promises, undertakings, and covenants, the
adequacy of which the Coalition, the County and the Developer hereby acknowledge, the Coalition, the
County and the Developer, on behalf of themselves and their respective successors, partners, and
assigns, agree to the terms set forth in this Community Building Agreement. This Community
Building Agreement will provide business opportunities for the area small businesses; target
employment opportunities and decent jobs to residents in the local community; and provide permanent
affordable housing.

II. DEFINITIONS
As used in this Community Benefits Program, the following capitalized terms shall have the following
meanings. All definitions include both the singular and plural form.

“Business Support Center” shall mean the sixteen business sites in the Project occupied by
existing businesses or locally owned businesses as described in Section V. F. herein.

“County” shall mean the Miami Dade County and Miami Dade County Transit Agency.

“Coalition” (participating organizations/businesses to be named)

“Contract” shall mean a contract related to use, maintenance, or operation of the Development
or part thereof.

“Contractor” shall mean a prime contractor, a subcontractor, or any other business entering into
a contract related to the construction, use, maintenance, or operation of the Project or part
thereof.

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Community Building Agreement for the Transit Village Project Draft 07.22.09

“Developer” shall mean the Miami-Dade Empowerment Trust, Inc. and any development
partner that is yet to be designated.

“Project” shall mean the N.W. 7th Ave and 62nd St. Transit Village Project.

“Development Agreement” shall mean any Development Agreement, purchase/sale agreement,


incentive agreement, subsidy agreement, or similar agreement regarding the Site, between the
Developer and the County.

“Existing Business” shall mean all businesses that were operating on the site as of July 1, 2006.

“Existing Businesses” as defined herein shall be entitled to the benefits described herein if they
relocate from the site at any time after July 2006 provided that prior to their relocation they
were in business at that location for at least 6 months, and they notified the Miami Dade County
Transit Agency and informed them of their relocation address.

“Locally Owned Small Business” shall mean any business that is wholly owned by individuals
who reside in the Project Impact Area as defined herein. If a business is owned by a
corporation then the corporation must be wholly owned by individuals who reside in the Project
Impact Area. If the business is owned by a partnership then all partners must reside in the
Project Impact Area.

“Low-Income Individual" shall mean an individual whose household income is no greater than
80% of the median income for the Standard Metropolitan Statistical Area.

“Referral System Agency” shall mean the nonprofit agency chosen pursuant to Section III D. to
operate the Referral System.

“Site” shall mean the approximately 4.3 acres located at the southeast corner of N.W. 7 th Ave
and 62nd St. in the City of Miami, County of Miami-Dade, Florida, between 60th St on the
south, N.W. 62nd St. on the north, 6th Ct on the east and N.W. 7th St. on the west.

“Tenant” shall mean any entity that enters into a lease agreement or similar agreement for use
of space within the Development. “Tenant”, for purposes of this agreement, shall not include
any individual person whose legal residence is on-Site.

“Project Impact Area” shall mean the area bounded by Highway 112 on the south, 103 rd
Street on the north, Highway 95 on the East and 27th Ave on the west.

III. PRIORITY HIRING AND JOB TRAINING

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Community Building Agreement for the Transit Village Project Draft 07.22.09

A. Purpose - The purpose of this Section is to facilitate the customized training and employment of
targeted job applicants in the jobs created by the Project. This Section establishes (1) a mechanism
whereby targeted job applicants will receive job training in the precise skills requested by employers in
the Project, and (2) a non-exclusive system for referral of targeted job applicants to employers in the
Project as jobs become available.

B. Customized Job Training Program - The N.W. 7th Ave and 62nd St. Transit Village Project First
Source Hiring Program, described below, will coordinate job training programs with appropriate
community-based job training organizations. Prior to hiring for jobs within the Project, employers may
request specialized job training for applicants they intend to hire, tailored to the employers’ particular
needs, by contacting the Referral System Agency. The Referral System Agency will then work with
appropriate community-based job training organizations to insure that these applicants are provided
with the requested training. At least 100 targeted applicants will receive job training (at least 50 of
these will receive be placed in skilled jobs that pay above the living wage).

C. N.W. 7th Ave and 62nd St. Transit Village Project First Source Hiring Program for Transit
Village Employers -The County, Developer, Contractors, and Tenants and any other person or entity
employing individuals on the project site shall participate in the N.W. 7th Ave and 62nd St. Transit
Village Project First Source Hiring Program for Transit Village Employers, attached hereto as
Attachment No. 1, with respect to all new hires. Under the N.W. 7 th Ave and 62nd St. Transit
Village Project First Source Hiring Program, the Referral System will promptly refer qualified, trained
applicants to employers for available jobs. The terms of the N.W. 7th Ave and 62nd St. Transit
Village Project First Source Hiring Program for Transit Village Employers shall be part of any
Development Agreement, Request for Proposals, deed, lease, or contract with any prospective
Developer, Contractors, and Tenants and any other person or entity employing individuals on the
project site.

D. N.W. 7th Ave and 62nd St. Transit Village Project First Source Hiring Program Referral
System - The N.W. 7th Ave and 62nd St. Transit Village Project First Source Hiring Program
Referral System, to be established by the County, the Developer and the Coalition, will work with
employers and with appropriate community-based job training organizations to provide the referrals
described in this Section and in the attached First Source Hiring Program. The Coalition, the County,
and the Developer will select a mutually agreeable nonprofit organization to staff and operate the N.W.
7th Ave and 62nd St. Transit Village Project First Source Hiring Program Referral System, as
described herein and in the N.W. 7th Ave and 62nd St. Transit Village Project First Source Hiring
Program. The County and the Developer will provide sufficient funding to this organization to carry
out its obligations under this contract. These funds shall include at a minimum sufficient funds to
employ a ½ time staff person to coordinate and run the referral system.

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Community Building Agreement for the Transit Village Project Draft 07.22.09

IV. LIVING WAGE PROGRAM

A. Developer Responsibilities Regarding Living Wages -


1. Introduction –
a) All Developers, Tenants, and Contractors and others employing
individuals on the site are receiving direct local subsidies through assisted
development of the site or are contracting for goods or services with the
County, either directly or through the related developing entities. Therefore,
all such employers are expected to pay a living wage equal to or greater than
that required by the Miami-Dade County*s Living Wage Ordinance or, for
all contracts involving construction, alteration and/or repair of buildings,
each craft or type of employee shall be paid an hourly rate as the County
determines is listed in local area nondiscriminatory negotiated contracts
between organizations which represent employees and contractors as
determined under County Code Section 2-11.16 or the hourly wages
determined by the U.S. Department of Labor under the Davis-Bacon Act,
whichever is higher.
b) Notwithstanding the foregoing, in order to minimize the burdens on
existing businesses and other locally owned small businesses being
developed on the site, the provisions of this section regarding the payment of
wages, shall not apply to existing businesses, as defined herein, that return to
the site nor shall it apply to any locally owned small businesses that occupy
one of the sixteen locations on site reserved for either existing businesses or
locally owned small businesses.

2. Compliance With Living Wage Ordinance - The County, Developer, Contractors,


Tenants and any other person or entity employing individuals on the project site shall
pay to all individuals employed on the site, full or part time, wages equal to or greater
than that required by Miami-Dade County's Living Wage Ordinance, set forth in the
Miami-Dade County Code, Section 2-8.9, to be paid to individuals covered by that
ordinance, except that for all contracts involving construction, alteration and/or repair
of buildings, each craft or type of employee shall be paid an hourly rate as the County
determines is listed in local area nondiscriminatory negotiated contracts between
organizations which represent employees and contractors as determined under County
Code Section 2-11.16 or the hourly wages determined by the U.S. Department of Labor
under the Davis-Bacon Act, whichever is higher.

3. Certification - Any and all contracts, agreements or work orders described in Section
IV A.2 shall be void, and no funds may be released, unless prior to entering any such
contracts, agreements or work orders, the employer certifies to the County in a form
substantially similar to that required by the Miami-Dade County's Living Wage
Ordinance, set forth in the Miami-Dade County Code, Section 2-8.9, that it will pay
each of its employees no less than that required in the preceding paragraphs. A copy of
this certificate must be made available to the public upon request.

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4. Posting - A copy of the Living Wage and other rates required in a specific project shall
be kept posted by every employer covered by this agreement at the site of the work in a
prominent place where it can easily be seen by the employees and shall be supplied to
the employee within a reasonable time after a request to do so. In addition, contractors
shall forward a copy of the requirements of this section to any person submitting a bid
for a subcontract on any service contract covered by this Agreement.

5. Collective bargaining - Nothing in this Living Wage Section shall be read to require or
authorize any employer to reduce wages set by a collective bargaining agreement or as
required under any prevailing wage law.

6. Maintenance of payroll records - Each covered employer shall maintain payrolls for
all covered employees and basic records relating thereto and shall preserve them for a
period of three (3) years. The records shall contain:
a) The name and address of each covered employee;
b) The job title and classification;
c) The number of hours worked each day;
d) The gross wages earned and deductions made;
e) Annual wages paid;
f) A copy of the social security returns and evidence of payment thereof;
g) A record of fringe benefit payments including contributions to
approved plans; and
h) Any other data or information the County should require from time
to time.

7. Reporting Requirements - All employers required to comply with the Living Wage
requirements of Section IV A. 2 shall provide a report every six months to the County
and to the Coalition providing, at a minimum, the following information:
a) Every six (6) months, the covered employer shall file with the County
and the Coalition a complete payroll showing the employer's payroll
records for each covered employee working on the contract(s) for
covered services for one or more payroll period. The records shall
include the wage rate of the employee. It shall be the responsibility of
the County to examine all payrolls for compliance within sixty (60) days
of receipt.

B. Enforcement - Any violations of the Living Wage Program may be enforced through the complaint
and enforcement procedure provided for violations of the Miami Dade County Living Wage Ordinance,
set forth in the Miami-Dade County Code, Section 2-8.9, including the oversight and review of the
Living Wage Commission of Miami Dade County.

C. Private Right of Action Against Employers - Any employee of a employer who is subject to the
provisions of this Living Wage Program, or any person who was formerly a covered employee of such
an employer, may in addition to any other remedies provided for in this Agreement, bring an action by
filing suit against the covered employer in any court of competent jurisdiction to enforce the provisions

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of this Program and may be awarded back pay, benefits, attorney's fees, and costs.

D. County Enforcement Against Employers - For violations of this program, the County may
sanction an employer in the same manner as is set forth in the Miami Dade County Living Wage
Ordinance, Miami-Dade County Code, Section 2-8.9 for similar violations of that ordinance. All such
sanctions recommended or imposed shall be a matter of public record.

E. Retaliation and Discrimination Barred - An employer shall not discharge, reduce the
compensation or otherwise discriminate against any employee for making a complaint to the Living
Wage Commission, the County, or otherwise asserting his or her rights under this Program,
participating in any of its proceedings or using any civil remedies to enforce his or her rights under this
Program. Allegations of retaliation or discrimination, shall be enforced in the same manner and subject
to the same penalties as set forth for similar violations of the Miami Dade County Living Wage
Ordinance, set forth in the Miami-Dade County Code, Section 2-8.9

F. Remedies Herein Non-Exclusive - No remedy set forth set forth herein is intended to be exclusive
or a prerequisite for asserting a claim for relief to enforce the right under this Program in a court of law.

V. SMALL BUSINESS DEVELOPMENT PROGRAM

A. Purpose - The purpose of this Section is to insure that (1) all existing businesses relocated due to
the N.W. 7th Ave and 62nd St. Transit Village are guaranteed a right to return to the new development
with a minimum impact; and (2) that the N.W. 7th Ave and 62nd St. Transit Village is developed so as
to retain and encourage locally owned small businesses. The development of the site to meet the needs
of locally owned small businesses is consistent with the extensive community planning and input
sessions undertaken by the County and the Developer and is designed to maximize the utility of the site
for the local community.

B. Relocation - Prior to relocation of any existing businesses the County, the Developer shall develop
with input and comment from the Coalition, a Relocation Plan incorporating and explaining all of the
rights and benefits to be provided to all relocatees in the N.W. 7th Ave and 62nd St. Transit Village.
In addition to all other relocation benefits as are required by law, the County and Developer covenant
and agree that all existing businesses shall be provided with the following:

1. Compensation for all reasonable moving costs, including at a minimum


the following:

a) Packing, unpacking, disassembling and assembling;


b) Moving of all material and equipment to the new site;
c) Set up and installation of equipment at new site;
d) Interior and exterior revitalization of new site (including electrical and
plumbing)
e) All permits and licenses;

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f) Cost of signage;
g) Advertising sufficient to notify customers and community of relocation;
h) Initial rental payment at the relocation site including first month and last
month and/or security deposit, if required.

2. The County and Developer will assist each existing business with respect to identifying
relocation sites. Each existing business will be offered at least three relocation sites
comparable to the existing site with respect to pedestrian and vehicular traffic, parking,
public transportation, square footage and other reasonable business amenities prior to
being required to relocate.

3. If the County and Developer are unable to identify three comparable relocation sites
with regular market rent comparable to the rent being paid by the existing business at
the Site, the County and Developer may include otherwise comparable sites and shall
agree to pay the difference between the rent being paid by the existing business at the
time of relocation and the rent required at the new sites for a period of sixty months.

4. The County will make available to existing businesses the addresses of all County
owned sites within an area within two miles of the existing site and agrees to discuss, in
good faith, any proposals by existing businesses for redevelopment of those sites for
relocation of the existing businesses, including proposals for reduced rent.

5. The County and Developer agree to pay existing businesses that exercise their right to
return as described hereafter for all reasonable moving costs to the redeveloped site,
including specifically those costs described in subparagraph (a) above.

6. In order to assist the existing businesses through the relocation period with a minimum
of losses, each of the existing small businesses shall receive technical assistance
including financial planning, business planning, grant writing, and
marketing/advertising. These services shall be made available prior to the relocation off
site.

C. Affected Businesses on 6th Ct - The County and the Developer acknowledge that the businesses on
6th Ct between 62 St and 60th St would be severely harmed by any significant disruption of traffic on 6th
Court, before, during or after construction. Therefore the County and Developer shall plan the
construction and the project in such a way as to minimize any disruption to the flow of traffic on 6 th
Court between 62 St and 60th St. In addition, the County and Develop agree that, at no time shall
traffic be prevented from utilizing 6th Court for more than one hour during the period from 6:00 a.m. to
10:00 p.m.

D. Lost Revenue - The County and Developer recognize that, despite their best efforts, the existing
businesses are threatened with potentially severe hardship due to the relocation and/or the impact of the
development and construction that will not be recompensed by relocation benefits guaranteed by the

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Uniform Relocation Act. Therefore the County and Developer agree to compensate any existing
business that suffers loss, including lost profits, over and above that which is compensated by the
Uniform Relocation Act. If the affected businesses on 6th Court are forced to halt operations and thus
lose revenue due to construction than they shall be eligible for additional compensation.

E. Right of Return - The County covenants and guarantees that all existing businesses shall have a
right to return to the N.W. 7th Ave and 62nd St. Transit Village after development. In order to
facilitate and implement the right of return the County and Developer further covenant and agree that
the N.W. 7th Ave and 62nd St. Transit Village will be developed in good faith to facilitate the return
of the existing businesses, including at a minimum the following:

1. The Transit Village Project will include sufficient retail square footage to reasonably
accommodate at least the sixteen existing businesses, should they desire to return after
the development of the Transit Village.

2. The existing businesses shall be informed of the redevelopment plans on a regular basis
and shall be informed, at least six months prior to final occupancy of the redeveloped
site, as to the location and availability of the retail sites. The Developer and the County
shall work with the Coalition and the existing businesses in good faith to determine the
sites for each of the existing businesses that has expressed a desire to return. If the
Developer, the County, the Coalition and the existing businesses cannot agree to a siting
plan that is satisfactory to all of the existing businesses that have expressed a desire to
return to the redeveloped site, then sites shall be chosen by lot. Existing businesses shall
be able to choose storefront locations if they so desire.

3. After initial sites are chosen in accordance with the prior paragraph, and no later than
three months prior to final preparations for occupancy each existing businesses shall
make an irrevocable choice as to whether they wish to exercise their right to return to
the redeveloped site. Only existing businesses that have affirmatively exercised their
choice to return at that time shall have a right to occupy the redeveloped site.

4. At any time after it is determined which existing businesses have affirmatively


expressed their right to return, the Developer, the County and the existing businesses
that have affirmatively exercised their right to return may mutually agree to modify their
choice of sites.

F. Small Business Development -

1. If less than sixteen existing businesses choose to return to the redeveloped site, the
Developer and the County will recruit locally owned small businesses so that at least
sixteen of the businesses on the redeveloped site are either existing businesses who have
chosen to return to the site or locally owned small businesses. The County and
Developer shall utilize their best efforts to guarantee that the site continues to maintain
at least sixteen businesses on the redeveloped site which are either existing businesses

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who have chosen to return to the site or locally owned small businesses for a period of at
least thirty years. The County and Developer shall cooperate with the Coalition, the
existing small businesses and other local business development organizations to locate
locally owned small businesses for the site. If, after using their best efforts, the County
and Developer are unable to fill all the 16 small business sites with either existing
businesses or locally owned small businesses, the County and the Developer, after
reporting their efforts to the Coalition and the existing businesses, may fill the remaining
reserved small business sites with small businesses wholly owned by residents of
Miami-Dade County. The sixteen sites reserved for existing businesses or locally
owned small businesses and such support and assistance as is described herein shall
constitute the Business Support Center (BSC). The County shall provide such funds as
are necessary to fulfill the commitments herein, which shall include sufficient funding
for one ½ time staff person and 500 sq feet of space in the new facility. This funding is
in addition to the funding required under Section III.D. of this Agreement The Business
Support Center may be collocated with the First Source Hiring Program.

2. For a period of at least five years from the date of their return to the site, all existing
businesses that return shall be charged rent at a rate no greater per square foot than that
which they were being charged prior to relocation from the site. After five years from
the date of their return to the site, the rent charged the existing businesses cannot be
raised by more than ten percent per year until they are being charged a reasonable
market rate rent.

3. Any other locally owned small businesses which occupy one of the sixteen small
business sites shall be charged a rent no greater than the highest rent paid by any of the
returned existing businesses at the time that the locally owned small business first
occupies the site.

4. The site shall be developed so that all returning existing businesses and locally owned
small businesses that operate within the sixteen reserved small business sites on the
redeveloped site shall be provided with a reasonable amount of nonexclusive parking
sites on the redeveloped site without charge so as to accommodate their employees and
retail customers. Additional nonexclusive customer free parking shall also be provided,
either on site or within a reasonable proximity, for locally owned small businesses
operating on N.W. 7th Ave. within one block north or south of the project.

5. The County and the Developer shall provide a comprehensive ongoing business
development program to all of the businesses occupying the sixteen sites reserved for
existing businesses and locally owned small businesses. The program shall include
assistance in financial planning, business planning, grant writing, and
marketing/advertising. This program is in addition to any technical assistance provided
as part of the relocation as described above.

VI. AFFORDABLE HOUSING DEVELOPMENT PROGRAM

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A. Purpose - County and Developer covenants and agrees to include at least 200 affordable housing
units as part of the Project. This housing is being included by the County and Developer in order to
insure that the housing developed on the site benefits the surrounding community. These 200 units
must be rentals and must remain rentals for 30 years.

B. Affordable Housing Program - To further its connection to the surrounding neighborhoods, the
County and the Developer proposes to work, in good faith, with community-based housing developers
to implement this affordable housing plan.
1. Percentage Affordable Units - The Developer shall develop or cause to be developed
100 affordable housing units that are affordable to, and occupied by, households making
up to 30% of the area median income as defined by the U.S. Dept. of Housing and
Urban Development. The Developer shall also develop or cause to be developed 100
affordable housing units that are affordable to, and occupied by, households making up
to 65% of the area median income as defined by the U.S. Dept. of Housing and Urban
Development.
2. Location - 100 of the Affordable units must be built on site. The other 100 can be built
either on site or off-site. Units built off site will be located in an areas within a one-half
mile radius from the intersection of N.W. 7th Ave and 62nd St.
a) Tenants First priority for initial occupancy of these units shall be to
households relocated from Scott Homes or Carver Homes Public
Housing Project, who shall be informed of the initial availability of these
units in a manner to be agreed upon by the Coalition and the County.
All other tenants for those units affordable to households making up to
30% of the area median income shall be taken from households on the
Miami Dade County Housing Agency Section 8 Waiting List who live
within one mile of the site. Tenants for those units affordable to
households making up to 65% of the area median income shall be taken
from a waiting list developed by Miami Dade County Housing Agency in
cooperation with the Coalition for this purpose. No applicant may be
denied tenancy solely because they are utilizing a Section 8 Housing
Choice Voucher or other housing subsidy for payment.

VII. TRANSPORTATION

A. Purpose - The purpose of this section is to insure that Miami Dade Transit Authority, as part of the
effort to improve transit access and the transit experience for residents in and around the Project Impact
Area, seeks to address existing transit needs in the community.

B. Transportation Improvements - These shall include but not be limited to increase number of
buses, frequency and/or sizes of buses on main lines servicing the Project Impact Area including the
77, 17, 54 and 22.

C. Bus Stop Improvements - A significant number of bus stops in the Project Impact Area shall
include shelters to protect bus riders from the rain and sun. These shall be placed throughout the

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project impact area.

VIII. CRITICAL SERVICES

A. Purpose - The County and Developer shall seek to address the existing needs for services that are
not currently being met in the Project Impact Area expressed by current residents through surveys and
the community input process.

B. Securing critical services - The County and the Developer shall make every effort necessary to
secure the following establishments within the Transit Village Development: Bill Payment Station, 24
Hour Urgent Care facility, a Wellness Center that addresses holistic methods of approaching health
care, and an Afro-centric Library.

IX. SPACE

A. Purpose - The County and the Developer shall insure that adequate gathering spaces are including
in the Transit Village for the use and benefit of residents in the Project Impact Area.

B. Community space - The Transit Village shall include an outdoor gathering space (amphitheater)
that can seat up 75 people and an indoor community meeting space that can hold 200 people (1000
square feet).

X. ENFORCEMENT In addition to other enforcement provisions as are set forth herein this
Agreement may be enforced as follows:

1. Enforcement by County. The County shall investigate complaints relating to implementation of


this agreement. The Developer shall cooperate fully and promptly with any such investigation,
and shall make available to the County all requested records and information the County
reasonably deems relevant to monitoring the implementation of this agreement. If the County
determines that the provisions of this agreement are not being followed, it will engage in a
good-faith effort to hear all sides and to negotiate a resolution. If the County cannot negotiate a
resolution within a reasonable period of time, the County may pursue any available legal
remedies, including but not limited to any or all of the following penalties and relief:

a) A legal action to enforce this agreement and/or any term or covenant


thereof;
b) A declaration of ineligibility for future County contracts under such terms
as the County may determine.

2. Nothing in this Section VII shall derogate or limit the rights of the parties, or intended
beneficiaries to this agreement to enforce this agreement through pursuit of any available legal
or equitable remedies.

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3. Injunctive Relief. This agreement may be the basis for a request for injunctive relief with
respect to performance of any term of this agreement. The parties hereto agree that money
damages may not be an adequate remedy for any breach (or threatened breach) of this
agreement, and agree that this agreement may be enforced by an application for a preliminary
or permanent injunction, by a decree of specific performance, or other such order or decree of a
court of competent jurisdiction. The agreed remedies set forth elsewhere in this agreement shall
not be construed to limit or derogate any legal or equitable remedy authorized by applicable law
or a court’s ability to determine facts, weigh evidence, and exercise its own discretion with
respect to enforcement of any term or condition of this agreement.

VIII. COALITION ADVISORY COMMITTEE

A. Formation and Operation - To assist with implementation of this Community Building


Agreement, and to facilitate an ongoing dialogue between the Coalition, the County and the Developer,
the Coalition, the County and the Developer shall establish a working group of representatives of the
Coalition, the County and the Developer, known as the Advisory Committee. This Advisory
Committee shall meet quarterly, unless it is mutually agreed that less frequent meetings are appropriate.
Among other issues, the Developer shall seek the input of the Advisory Committee in the Developer’s
preparation of the construction management plan, the traffic management plan, and the neighborhood
traffic protection plan.

B. Annual Reports - The County and Developer shall prepare annual reports on the implementation of
this Agreement and the progress of the Site Development program, and shall forward these reports to
the Coalition representative. These reports shall include a description of all actions the County and the
Developer have taken to implement or comply with the requirements of this Agreement, with detail
sufficient for the Coalition Representative to determine compliance with this Agreement. Upon request
from the Coalition Representative, the County and Developer shall provide any records or information
necessary to monitor compliance with the provisions of this agreement. The County and Developer
shall require all contractors, lessees and licensees and others covered by the terms of this agreement to
provide any records or information necessary to monitor compliance with the provisions of this
agreement.

IX. GENERAL PROVISIONS

A. Compliance with State and Federal Law - This agreement shall only be enforced to the extent that
it is consistent with the laws of the State of Florida and the United States. If any provision of this
agreement is held by a court of law to be in conflict with state or federal law, the applicable law shall
prevail over the terms of agreement, and the conflicting provisions of this agreement shall not be
enforceable.

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B. Severability Clause - If any term, provision, covenant, or condition of this Community Benefits
Program is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions shall continue in full force and effect.

C. Material Terms - All provisions and attachments of this Community Benefits Program are material
terms of this Community Benefits Program.

D. Notice - All notices shall be in writing and shall be addressed to the affected Parties at the addresses
set forth below. Notices shall be: (a) delivered by in person service to the addresses set forth below, in
which case they shall be deemed delivered on the date of delivery, as evidenced by the written report of
the courier service, or (b) sent by certified mail, return receipt requested, in which case they shall be
deemed delivered three business days after deposit in the United States mail. Any Party may change its
address or the name and address of its attorneys by giving twenty days notice to the other parties of the
Agreement. Notice of a change shall be effective only upon receipt. The addresses of the Parties for
purpose of notices are:
Miami- Dade County;
Developer;
Coalition.

E. Waiver -The waiver of any provision or term of this Agreement shall not be deemed a waiver of any
other provision or term of this Agreement. The mere passage of time, or failure to act upon a default,
shall not be deemed a waiver of any provision or term of this Agreement.

F. Time of the Essence -Time is of the essence in this Agreement.

G. Entire Agreement - This Agreement contains the entire agreement between the parties and
supersedes any prior agreements, whether written or oral.

H. Binding and Enforceable Upon Signature - As to any Party, this Agreement shall be binding
upon, and as of the date of, the Party’s execution of this Agreement. This Agreement shall be
enforceable by any Party and each Party’s respective successors and assigns.

I. Amendments - This Agreement may not be altered, amended or modified, except by an instrument
in writing signed by the each of the Parties in existence at the time.

J. Reformation - If any term, provision, covenant or condition of this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the Parties shall amend this Agreement
and/or take other action necessary to achieve the intent of this Agreement to the extent consistent with
the ruling of the court.

K. Further Assurances - Each Party covenants that it will take all actions and do all things, and to
execute, with acknowledgment or affidavit if required, any and all documents and writings, that may be
necessary or proper to achieve the purposes and objectives of this Agreement and to provide and secure
to the other parties the full and complete enjoyment of its
rights and privileges under this Agreement.

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L. Effective Date - This Agreement shall be effective upon execution by all parties.

M. Severability - If any term, provision, covenant, or condition of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall
continue in full force and effect.

N. Binding on Successors - This Program shall be binding upon and inure to the benefit of the
successors in interest, transferees, assigns, present and future partners, subsidiary corporations,
affiliates, agents, representatives, heirs, and administrators of any party that has committed to comply
with it. Any reference in this Program to a party shall be deemed to apply to any successor in interest,
transferee, assign, present or future partner, subsidiary corporation, affiliate, agent, representative, heir
or administrator of such party.

O. Lease Agreements and Contracts - The County and Developer shall not execute any deed, lease,
sublease agreement or other contract regarding the site, unless the entirety of this Program is included
as a material term thereof, binding on all parties. All entities entering into a deed, lease, or contract
relating to the rental, sale, lease, use, maintenance, or operation of the Project or part thereof shall be
covered by this Community Benefits Program, through the incorporation of this agreement into the
deed, lease, or contract.

P. Assurance Regarding Preexisting Contracts - Each Party warrants that as of the date of execution
of this agreement, it has executed no lease agreement, contract, or purchase agreement that would
violate any provision of this agreement had it been executed after the effective date of this Document.

Q. Intended Beneficiaries - The County, the Developer, the Coalition and the existing businesses, as
defined herein, are intended third-party beneficiaries of contracts and other agreements which
incorporate this agreement, with regard to the terms and provisions of this agreement. The County, the
Developer, the Coalition and the existing businesses shall each independently have the right to enforce
the provisions of this agreement against all parties incorporating this agreement into contracts or other
agreements.

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ATTACHMENT 1:
NW. 7 TH
AVE AND 62ND ST. TRANSIT VILLAGE PROJECT
FIRST SOURCE HIRING PROGRAM
FOR TRANSIT VILLAGE EMPLOYERS

I. PURPOSE
The purpose of this First Source Hiring Program is to facilitate the employment of Targeted Applicants
by Transit Village Employers. It is a goal of this First Source Hiring Program that this Program benefit
Transit Village Employers by providing a pool of qualified job applicants, through a non-exclusive
referral system. This First Source Hiring Program is an attachment to the N.W. 7TH AVE AND 62ND
ST. TRANSIT VILLAGE PROJECT COMMUNITY BUILDING AGREEMENT and incorporates
all of the terms thereof.

II. DEFINITIONS
This Program incorporates the definitions of the Community Building Agreement. In addition, the
following terms shall have the following meanings. All definitions include both the singular and plural
form.

“Transit Village Employer” shall mean a party that, through a contract, lease, licensing
arrangement, or other arrangement, agrees to, or is otherwise required to, comply with this
First Source Hiring Program with regard to Transit Village Jobs. Notwithstanding any
other provisions, Transit Village Employer shall not refer to any business occupying one
of the sites reserved for returning existing businesses or locally owned small businesses.

“Transit Village Job” shall mean a job that either (i) is performed On-Site, or (ii) is directly
related to a contract, lease, licensing arrangement, or other arrangement under which the
employer is a Transit Village Employer.

"Low-Income Individual" shall mean an individual whose household income is no greater than
80% of the median income for the Standard Metropolitan Statistical Area.

“Program” shall mean this First Source Hiring Program.

“Project Impact Area” shall mean the area bounded by Highway 112 on the south, 103rd St on
the north, Highway 95 on the east and 27th Ave on the west.

“Referral System” shall mean the referral system established to provide applicant referrals for
the Program.

“Special Needs Individuals” shall mean: (i) individuals who receive or have received public
assistance through the Temporary Assistance for Needy Families Program, within the past 24
months; (ii) ex-offenders, or (iii) chronically unemployed

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“Targeted Applicants” shall have the meaning set forth in Section IV, below.

III. COVERAGE
This Program shall apply to hiring by Transit Village Employers for all Transit Village Jobs, except for
jobs for which the hiring procedures are governed by a collective bargaining agreement that conflicts
with this Program.

IV. TARGETED APPLICANTS


Referrals under the First Source Hiring Program shall, to the extent permissible by law, be made in the
order of priority set forth below.
o First Priority: Low-Income Individuals living in the Project Impact Area for at least one year
and Special Needs Individuals;
o Second Priority: Low-Income Individuals residing in the County.

V. INITIAL TRANSIT VILLAGE EMPLOYER ROLES.


A. Liaison. Each Transit Village Employer shall designate a liaison for issues related to the
Program.
B. Long-Range Planning. Any entity that is to become a Transit Village employer shall, at
least two months prior to commencing operations with respect to the Transit Village, provide to
the Referral System the approximate number and type of jobs that it intends to fill and the basic
qualifications necessary.

VI. TRANSIT VILLAGE EMPLOYER HIRING PROCESS

A. Notification of Job Opportunities - Prior to any new hiring for any Transit Village Job, an Transit
Village Employer shall notify the Referral System, by e-mail or fax, of available job openings and
provide a description of job responsibilities and qualifications, including expectations, salary, work
schedule, duration of employment, required standard of appearance, and any special requirements (e.g.
language skills, driver's license, etc.). Job qualifications shall be limited to skills directly related to
performance of job duties.

B. Referrals - After receiving a notification under Section VI.A above, the Referral System shall
promptly but in no case longer than five days, unless agreed to by the Referral System and Transit
Village Employer, refer to the Transit Village Employer one or more Targeted Applicants who meet
the Transit Village Employer's qualifications.

C. Hiring -

1. New Employer Targeted Hiring Period - When making new initial hires for the
commencement of Transit Village Employer's operations related to the Transit Village, the
Transit Village Employer shall consider and hire only Targeted Applicants for a three week
period following provision of the notification described in Section VI.A. After this period, the
Transit Village. Employer shall make good-faith efforts to hire Targeted Applicants, but may
consider and hire applicants referred or recruited through any source.

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Community Building Agreement for the Transit Village Project Draft 07.22.09

2. Established Employer Targeted Hiring Period - When making any new hires after the
commencement of operations related to the Transit Village, a Transit Village Employer shall
consider and hire only Targeted Applicants for a two week period following provision of the
notification described in Section VI.A. After this period, the Transit Village Employer shall
make good-faith efforts to hire Targeted Applicants, but may consider and hire applicants
referred or recruited through any source.

3. Hiring Procedure During Targeted Hiring Periods - During the periods described in Sections
I.C.1 and 2, above, Transit Village Employers may hire Targeted Applicants recruited or
referred through any source. During such periods Transit Village Employers shall use normal
hiring practices, including interviews, to consider all applicants referred by the Referral System.

4. No Referral Fees - No Transit Village Employer or referred job candidate shall be required
to pay any fee, cost or expense of the Referral System or this Program in connection with referrals.

5. Employers will use their best efforts to hire at 50% first priority targeted applicants and at l
east 75% second priority targeted applicants. Overall in the Transit Village Development, at
least 200 of the jobs must be filled by targeted applicants.

VII. REPORTING AND RECORDKEEPING.

A. Reports - During the time that this Program is applicable to any Transit Village Employer, that
Employer shall, on a quarterly basis, notify the Referral System of the number, by job classification, of
Targeted Applicants hired by the Transit Village Employer during that quarter, and the total number of
employees hired by the Transit Village Employer for Transit Village Jobs during that quarter.

B. Record keeping - During the time that this Program is applicable to any Transit Village Employer,
that Transit Village Employer shall retain records sufficient for monitoring of compliance with this
Program with regard to each Transit Village Job, including records of notifications sent to the Referral
System, referrals from the Referral System, job applications received from any source, number of
Targeted Applicants hired, and total number of employees hired for Transit Village Jobs. To the extent
allowed by law, and upon reasonable notice, these records shall be made available to the County and to
the Referral System for inspection upon request. The Coalition may request that the County provide
such records at anytime. Records may be redacted so that individuals are not identified by name and so
that information required by law to remain confidential is excluded.

C. Complaints - If the County, the Coalition, or the Referral System believes that a Transit Village
Employer is not complying with this Program, then the designated County office shall be notified to
ensure compliance with this program.

D. Liquidated Damages - Each Transit Village Employer agrees to pay to the County liquidated
damages in the amount of $1,000 where the County finds that the Transit Village Employer has
violated this Program with regard to hiring for a particular Transit Village Job. This liquidated
damages provision does not preclude the County from obtaining any other form of available

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relief to ensure compliance with this Program, including all of the remedies set forth in Section
VII of the Community Benefits Program Agreement.

VIII. MISCELLANEOUS

A. Compliance with State and Federal Law -This Program shall be implemented only to the extent
that it is consistent with the laws of the state of Florida and the United States. If any provision of this
Program is held by a court of law to be in conflict with state or federal law, the applicable law shall
prevail over the terms of this Program, and the conflicting provisions of this Program shall not be
enforceable.

B. Severability Clause - If any term, provision, covenant or condition of this Program is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions
shall continue in full force and effect.

C. Binding on Successors - This Program shall be binding upon and inure to the benefit of the
successors in interest, transferees, assigns, present and future partners, subsidiary corporations,
affiliates, agents, representatives, heirs, and administrators of any party that has committed to comply
with it. Any reference in this Program to a party shall be deemed to apply to any successor in interest,
transferee, assign, present or future partner, subsidiary corporation, affiliate, agent, representative, heir
or administrator of such party.

D. Lease Agreements and Contracts - Transit Village Employers shall not execute any sublease
agreement or other contract under which Transit Village Jobs may occur directly or indirectly, unless
the entirety of this Program is included as a material term thereof, binding on all parties.

E. Intended Beneficiaries - The County, the Coalition, and the Referral System and targeted
applicants are intended third-party beneficiaries of contracts and other agreements that incorporate this
Program with regard to the terms and provisions of this Program.

G. Material Terms - All provisions of this Program shall be material terms of any lease
agreement or contract in which it is incorporated.

H. Effective Date - Section VI of this Program shall become effective on the effective date of the
contract or agreement into which it is incorporated.

X. ENTIRE AGREEMENT
This Program is an attachment to the N.W. 7th AVE AND 62nd ST. TRANSIT VILLAGE PROJECT
COMMUNITY BENEFITS PROGRAM agreement and this program and that agreement form a
single agreement that contains the entire agreement between the parties on the subjects described
therein, and supersedes any prior agreements, whether written or oral. This Program may not be
altered, amended or modified except by an instrument in writing signed in writing by all parties to the
contract in which it is incorporated.

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