LTC 062-2007 Miami Beach Development Corporation's Homeowner Rehab Program
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MIAMI BEACH
OFFICE OF THE CITY MANAGER
TO:
Mayor David Dermer and Members of the City Com miss' n
LETTER TO COMMISSI6>~
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062-2007
Jorge M. Gonzalez, City Manager ,~
Jose Smith, City Attorney (/ 0 (
March 6, 2007
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SUBJECT: Miami Beach Development Corporation's Homeowner Rehab Program
This Letter to Commission is in response to Commissioner Libbin's request at the last Commission
Meeting that administration and legal staff review the issues raised by resident Ms. Galit Bitton
regarding her agreement with Miami Beach Community DevelopmentCorporation (MBCDC) for
the rehabilitation of her condo unit, as described in a local newspaper article. Specifically, staff was
asked to review this case and determine if there were issues with the manner in which the program
was implemented by MBCDC. Notwithstanding this request from Commissioner Libbin, the City
began a review of the issues relating to this case back in October, 2006, and has been in
communication with MBCDC regarding Ilis case since that time.
Backaround
The City of Miami Beach administers two programs that provide rehabilitation assistance to
homeowner occupied units.
The Community Development Block Grant Owner Occupied Housing Rehabilitation Program
(CDBG Owner Occupied Program) provides financial assistance to property owners to bring their
properties up to safe and sanitary housing standards, and to correct all existing code violations.
The financial assistance may not exceed the lesser of the actual cost of rehabilitation or $15,000
for each dwelling unit. Applicants receiving financial assistance must be able to have their homes
meet or exceed the decent, safe and sanitary housing standard after rehabilitation, in accordance
with the Florida Building Code, the Miami-Dade County Building Code, and the City of Miami
Beach Code. This financial assistance program may be used in conjunction with any other
assistance programs in order to make rehabilitation feasible. All applicants must be the owner and
occupant of a residential property located within the City of Miami Beach and must have resided on
the property for 180 consecutive days prior to the submission of the application. Additionally,
applicant's have a gross income limit of up to 80% of area median income as determined by U. S.
Department of Housing and Urban Development (HUD).
The State Housing Initiatives Partnership (SHIP) Program, administered through the Florida
Housing Finance Corporation, was established by the 1992 William E. Sadowski Affordable
Housing Act to increase the production of housing statewide. SHIP funds are derived from
documentary stamp levies on real estate transactions. Annually, the Florida Housing Corporation
allocates SHIP funds among participating jurisdictions on a formula basis. The City of Miami Beach
receives an annual allocation, and that funding is distributed through a competitive process.
MBCDC submitted applications and was selected to receive funds from the City under both
programs. It is important to note that MBCDC has successfully assisted over 338 homeowners
with the purchase and/or rehabilitation of units withoutany major incident.
Letter to Commission -
Ms. Galit Bitton (MBCDC Rehabilitation Program)
March 6, 2007
Page 2 of B
MBCDC's Role in the Rehabilitation Proaram
MBCDC is responsible for qualifying participants, providing inspections, providing guidance and
helping administer the contracts and transactions required to access these government-funded
loans. MBCDC is allowed to charge a 10% fee to cover the following: applicant's certification
(interviewing participants and gathering of documentation); a home inspection to determine what
will be included in the rehabilitation; title search; appraisal; completion of all documentation
required by SHIP; inspection; and approval of all work performed. In the case of the SHIP
program, this amount is included in the lien because this is an allowable expense under SHIP
(otherwise, the City or agency would have to absorb these expenses).
Chronoloav of Events
The following will provide, in chronological order, the events that transpired relating to Ms. Bitton's
application and selection for the program.
. September 19, 2002 - Ms. Bitton applies for the CDBG Owner Occupied Program.
. 2003 - An appraisal was ordered to ensure the property value did not meet the program
limit and a title search was conducted to ensure there were no existing liens. After the
above-mentioned was cleared, an inspection was conducted to determine what
rehabilitation work needed to be done in the unit. All of these expenses were paid by
MBCDC. The process of selecting a contractor began. MBCDC states that they informed
Ms. Bitton that she could hire her own contractor but that they must be licensed and
insured.
. November 18, 2003 - Ms. Bitton brings in the first window estimate, which is provided by
Home Depot.
. 2003-2004 - The issue of a contractor remains unresolved.
. January 26, 2004 - Ms. Bitton brings in a second window proposal.
. June 2004 - A contractor, J. Capelleti, Inc., was taken to the unit for an estimate.
. June 29, 2004 - The Capelleti estimate was given and provided to MBCDC.
. 2004-2005 - Five additional licensed and insured contractors were sent to Ms. Bitton's
condo in order to provide construction estimates.
. February 2005 - MBCDC sends Ms. Bitton's CDBG Owner Occupied Program application
to the Housing and Community Development Division for approval. The submission of the
application to the City was delayed for two reasons: funding availability and the selection of
a contractor.
. April 2005 - Payment is made by MBCDC to Will Fix It General Services for the
replacement of the Central NC unit ($2,300)
. May 2005 - SHIP funds are available from the City. MBCDC advised that they met with Ms.
Bitton and informed her that she had been approved for the SHIP program.
. May 2005 - Ms. Bitton meets with Mr. Jose David Mendoza, an authorized representative
of Integral and a sub-contractor for Integral, Montecarmelo Interiors, Inc
. June 2005 - Payment is made by MBCDC to Brandsmart for appliance purchases,
including extended warranties and delivery ($1,074)
. June 5, 2005 - The application and file (including Scope of Work) is submitted to the City of
Miami Beach for approval of SHIP funding in the amount of $39,741.90. This amount
includes initial costs associated with inspections/appraisals/title, the initial
purchases/repairs (Brandsmart, A1C), the work to be contracted, and agency administrative
Letter to Commission -
Ms. Galit Bitton (MBCDC Rehabilitation Program)
March 6, 2007
Page 3 of 8
fees. The City approved the application for SHIP funding.
. June 7, 2005 - Integral Business & Investments, Inc. provides an estimate and agrees to
perform the necessary repairs.
. June 19, 2005 - After receiving the approval from the City of Miami Beach, Ms. Bitton
completes the SHIP program documents and signs the restrictive covenant since there is
more funding available through SHIP, and is removed from the CDBG Owner Occupied
Program (CDBG provides only $15,000 to homeowners to repair or rehabilitate their
homes. Based on the inspection report and the repairs/rehabilitation needed in Ms. Bitton's
unit, MBCDC decided that the SHIP program would provide more financial assistance to
Ms. Bitton.
. June 22, 2005 - An Affidavit and Restrictive Covenant is prepared and recorded.
(Attachment A). Although the Restrictive Covenant incorrectly reflects the funding is for the
purchase of the property, which is already owned by Ms. Bitton, The document is signed by
Ms. Bitton and reflects a value of $40,000 funded from the SHIP program. Legal advises
that this typographical error does not affect the restrictive covenant.
. July 16, 2005 - The Work Order (Attachment B) and Contractor Agreement (Attachment C)
is executed by the contractor. The Contractor Agreement clearly delineates the total costs
of the contracted work: $32,240.
. July 29, 2005 - The Work Order and Contractor Agreement is signed by Ms. Bitton at the
MBCDC office. The Contractor agreement clearly states the estimated value of the repairs
to be undertaken by the contractor. MBCDC states that Mr. Mendoza, Ms. Bitton and Mr.
Mario Ramos (MBCDC) met to discuss the project timelineat that time.
. August 2005 - Per MBCDC, Mr. Mendoza and Mr. Ramos meet with Ms. Bitton in her
condo unit to discuss a later start date of November 2005 which, according to MBCDC, all
parties verbally agree. MBCDC states that Mr. Mendoza requested a key to the unit in
order to gain access to the unit but Ms. Bitton stated she would be there to open the unit
for the contractor.
. October 5, 2005 - Building Permit B0600098 is pulled for Ms. Bitton's unit.
. November 2005 - Work does not begin because the elevators in the building are not
working.
. December 2005 - Work begins in Ms. Bitton's unit. The elevators were not fully operational,
so the material had to be brought into the unit through the balcony.
. December 2005 - MDCDC states that Mr. Mendoza contacted them to inform them that Ms.
Bitton has been late opening the door for the workers.
. January 11, 2006 - Per MBCDC, Mr. Ramos conducts a site visit to the unit. At this point,
MBCDC has paid $16,120 to the contractor. Mr. Ramos states that the kitchen floor has
been installed; the old kitchen cabinets have been removed (demolished); new cabinets
were in the unit; the bathroom has been demolished and rebuilding has started; appliances
were in the unit; and work began on a closet. The contractor, Integral, cashed both checks
totaling $16,120.
. February 15, 2006 - Ms. Bitton submits a letter to MBCDC terminating the contract with
Integral. (Attachment D)
. February 15, 2006 - Work stops.
. March 2, 2006 - MBCDC says they contacted Ms. Bitton to discuss the letter. Ms. Bitton
cannot recall if she was contacted by MBCDC.
Letter to Commission -
Ms. Galit Bitton (MBCDC Rehabilitation Program)
March 6, 2007
Page 4 of 8
. March 15, 2006 - MBCDC says they contacted Ms. Bitten in order to schedule a meeting
with her and Mr. Mendoza. MBCDC says Ms. Bitton refused to meet. Ms. Bitton denies that
statement.
. May 2006 - Since Ms. Bitton and the contractor could not resolve their dispute, MBCDC
program staff authorized Montecarmelo, Inc. to release tt"e remaining two checks to Ms.
Bitton in the amounts of $8,000 each. An additional check of $120.00 was also provided.
Ms. Bitton cashed one check in the amount of $8,000. Once MBCDC management
realized that staff had authorized these disbursements, they advised Montecarmelo, Inc. to
place a stop payment order on the two remaining unpaid checks in the amounts of $8,000
and $120.
. May 28, 2006 - MBCDC conducts an inspection of Ms. Bitton's unit in order to develop a
scope of work for the completion of repairs.
. June 29, 2006 - MBCDC's attorney receives the first correspondence from Ms. Bitton's
attorney. Ms. Bitton's attorney is requesting that Integral Business reimburse Ms. Bitton
(Attachment E).
. June 30, 2006 - Contractor J. Cappelleti, Inc. provides a proposal to complete the work.
. July 12, 2006 - A second contractor, Morcas Corporation, provides an additional estimate.
. July 13, 2006 - MBCDC's attorney sends Ms. Bitton's attorney a proposal for final
resolution (Attachment F).
. September 15, 2006 - MBCDC's attorney sends another proposal for resolution to Ms.
Bitton's attorney, this time suggesting that J. Cappelleti, Inc. complete the work and
offering Ms. Bitton the option of selecting her own contractor, in the alternative (Attachment
G).
. February 7,2007 - MBCDC advised the City that they had scheduled a meeting between
their attorney and Ms. Bitton's attorney. The meeting did not occur. According to MBCDC,
Ms. Bitton refused to meet and requested that funds be disbursed directly to her. City staff
contacted Ms. Bitton to confirm this information. Ms. Bitton denies that she refused to meet
with MBCDC but did admit that she requested that the funding be given to her. MBCDC
refused to grant the funding disbursement request as it does not comply with the program
guidelines.
Issues raised bv Ms. Bitton:
In late October 2006, Ms. Bitton contacted the City regarding her issues. She has since made a
series of allegations. Her allegations and MBCDCs responses are detailed below:
1) Ms. Bitton alleges that Integral Business and Investments, Inc. is an unlicensed and
uninsured contractor.
Integral Business and Investments is licensed by the State of Florida, CGC1505450, and
insured through Insurance Marketers, Inc., policy number BXG0007389-00, (see Attachment
H). A City of Miami Beach Occupational License is not required.
2) Ms. Bitton alleges that the subcontractor, Montecarmelo Interiors, Inc. was unlicensed.
Montecarmelo Interiors, Inc. is licensed by Miami-Dade County, license number05BS00932,
for flooring, shower and tub enclosures and carpentry. (See Attachment I) A City of Miami
Beach Occupational License is not required.
3) Ms. Bitton alleges that Jose David Mendoza executed the contract on behalf of Integral
Business and Investments, Inc. and he is not an employee of said corporation.
Letter to Commission -
Ms. Galit Bitton (MBCDC Rehabilitation Program)
March 6, 2007
Page 5 of 8
While the signature on the Contractor Agreement and Work Order is illegible, the City has
been able to verify that the Contractor Agreement and Work Order were executed by Mr.
Mendoza, the registered agent for Montecarmelo Interiors, Inc., and a sub-contractor used by
Integral (see Attachment I). Mr. Juan Valderrama, registered agent for Integral, provided to
MBCDC signed documentation indicating the he authorized Mr. Mendoza to sign on behalf of
Integral (Attachment J). Montecarmelo was a subcontractor on this project.
4) Ms. Bitton alleges that she was forced to use a contractor suggested/selected by MBCDC.
According to MBCDC, it was clearly explained to Ms. Bitton that the choice of contractor was
up to her. MBCDC states that they provide the participants with a list of licensed contractors
that the participant may use, but that the participant enters into a contract with the contractor of
their choosing. Staff cannot confirm either party's assertions.
5) Ms. Bitton alleges that Integral is not permitted to utilize subcontractors.
The contractor agreement allows the use of subcontractors. By Ms. Bitton's own admission,
she met and dealt directly with the sub-contractor on the repairs.
6) Ms. Bitton alleges that there are improprieties with the SHIP program and filed a complaint
with the U.S. Department of Housing and Urban Development (U. S. HUD), Office of
Inspector General, Office of Investigations.
Mr. Scott Tanchak, Special Agent, reviewed all documents pertaining to Ms. Bitton's case and
verbally informed the City that he did not see any improprieties. The City has requested written
confirmation from U. S. HUD. Please note that SHIP is not a program administered by HUD.
SHIP is administered by the State of Florida. First Housing Finance Corporation (First
Housing) is contracted with the State of Florida to audit local SHIP program operations. On
May 22 & 23, 2006, First Housing performed a City of Miami Beach SHIP program review that
included MBCDC. While First Housing identified areas for improvement, our Housing and
Community Development Division provided a written corrective action to First Housing on July
14, 2006, and First housing responded on July 28, 2006 that all discrepancies had been
satisfactorily corrected
7) Ms. Bitton alleges that she applied for a program that provided $15,000 for rehabilitation
assistance and MBCDC at some point switched her to another program that provided
$40,000 for assistance to purchase the property which she already owned. Ms. Bitton
alleges that she was initially told she was to be given the additional money as a "reward"
for her patience.
Clearly, allocations for "rewards" are not permitted by any State or Federal program. While the
application for the program, signed by Ms. Bitton does state that it is a Home Buyer Assistance
Program, the corresponding back-up documents clearly show the funds were to be utilized for
rehabilitation, including the work order and contractor agreement signed by Ms. Bitton that
clearly reflect allocations greater than the $15,000 limit of the CDBG Owner Occupied
Program. MBCDC states that Ms. Bitton did initially apply for one program, CDBG, but since
more funding was available through SHIP, a decision was made to provide the funding through
SHIP to cover the costs of the rehabilitation, as these costs exceeded the funding available
under CDBG. The switch in programs provided a benefit to Ms. Bitton, as it made more funds
available for her project.
8) Ms. Bitton alleges that MBCDC has failed to contact her since November, 2006.
MBCDC denies this claim and informed staff that they repeatedly attempted to contact Ms.
Bitton's attorney without success until recently. MBCDC has also advised us that a meeting
between their attorney and Ms. Bitton's attorney was scheduled for February 15, 2007, but Ms.
Bitton's attorney did not attend.
Letter to Commission -
Ms. Galit Bitton (MBCDC Rehabilitation Program)
March 6, 2007
Page 6 of 8
Current Status
Attorneys for both Ms. Bitton and MBCDC have been attempting to resolve this issue. Please see
attached correspondence from MBCDC's attorneys (Attachments F and G) with proposed
resolution of this matter, dating back to July, 2006.
City staff became aware of the problem in October, 2006. After unsuccessfully attempting to
resolve the problems informally through phone calls and e-mails, City staff scheduled a meeting
with MBCDC on November 14,2006. Mr. Roberto DaTorre, President, and Mr. Karl Kennedy, Vice
President and Housing Director, for MBCDC, indicated that they have previously recommended to
Ms. Bitton that the most expeditious manner to resolve this issue is to continue the work with the
original contractor and require completion of all work. MBCDC indicated that after a number of
discussions with Ms. Bitton's attorney, it was agreed in September 2006 that Ms. Bitton would hire
a new contractor to complete the work in the kitchen and the bathroom remodeling and the
unfinished work would be Ms. Bitton's responsibility. According to MBCDC, Ms. Bitton did not
pursue this agreed-upon action. Ms. Bitton denies this statement. However, Ms. Bitton did inform
City staff that she did request funding to complete the work.
In the meeting of November 14,2006, MBCDC indicated its willingness to complete the remaining
rehabilitation work in the unit within the general rehabilitation guidelines of the SHIP program, even
if the work required utilizing their own private funding. According to MBCDC, this would not include
granite countertops and other finishes that Ms. Bitton wanted installed in the unit, as the program
does not allow for upgraded finishes and materials. A response from Ms. Bitton's attorney was
requested by Monday, November 13, 2006. According to MBCDC, a response was never
received.
MBCDC advised us that a meeting was scheduled between MBCDC and Ms. Bitton for Thursday,
February 15, 2007, to address the ongoing issues. However, according to MBCDC, Ms. Bitton
refused to meet and requested that funds be disbursed directly to her so she may complete the
work. Again, Ms. Bitton denies that she refused to meet and states that she is waiting for MBCDC
to contact her attorney. MBCDC refused to grant the funding disbursement request as it does not
comply with the program guidelines.
Staff Review and Recommendations
In addition to the audit of the overall program, City staff has conducted an audit of the documents
related to Ms. Bitton's application and her case file. our review indicated the following:
1) The application completed by Ms. Bitton was titled "Home Buyer Assistance Program
Preliminary Application." MBCDC has explained that they use one application for all of their
homebuyer and rehabilitation programs. While subsequent paperwork clearly identified the
source and amount of funding, staff has advised MBCDC that they will be required to develop
applications for each of the programs to avoid any confusion in the future. MBCDC is already
developing the separate application.
2) The initial inspection, title search and appraisal were all conducted as required.
3) The eligibility review process was handled according to program requirements.
4) Documentation for the checks paid to cover initial costs and purchases (e.g. A1C and
appliances) was in proper order.
5) The Restrictive Covenant incorrectly reflects that this was filed as part of the SHIP homebuyer
program. This was a typographical error based a template provided to MBCDC by the City, as
it should have reflected the SHIP homeowner rehabilitation program. As subsequent
documents signed by Ms. Bitton clearly indicate her acknowledgement that the funds were for
her unit repairs, we believe this discrepancy can be corrected by filing a revised restrictive
covenant. Additionally, a new, corrected template will be provided to MBCDCby the City.
Letter to Commission -
Ms. Galit Bitton (MBCDC Rehabilitation Program)
March 6, 2007
Page 7 of 8
6) It was found that MBCDC disbursed a total of $28,069 in this matter as follows:
Inspection Report 140.00
Required Appraisal 200.00
Dade County Title-Lien Report 175.00
We fix it General Services - Central AC Unit 2,300.00
Brandsmart - Appliances 1,074.00
Inteqral 24.180.00
Total Payments $28,069.00
There are no issues with the five initial payments, as they are reimbursements for costs
incurred.
In terms of the payments made for the contracted rehabilitation work covered by the Contractor
Agreement between Ms. Bitton and Integral, Integral was advanced three checks each for
$8,060. Integral has returned $8,060 to MBCDC and retained $16,120 for their labor and
materials. As previously indicated, Integral also provided $8,000 in funding to Ms. Bitton from
the advance they had received from MBCDC. Ms. Bitton has not returned those funds to
Integral; Integral has advised MBCDC that they will pursue reimbursement of those funds
directly from Ms. Bitton. Staff has advised MBCDC that they are not to advance checks
concurrently. In addition, they have been advised their contractor agreement has to be
reviewed and revised to reflect the mechanism by which checks will be provided to the
contractor (direct payment from MBCDC or payment to owner for payment to MBCDC).
7) A review of the application package given to applicants by MBCDC reflects that there is no
clear language that explains:
a. Options available to the applicants, such as whether they may select their own
contractor or, in the alternative, use a licensed/insured contractor selected by MBCDC;
b. the types of finishes and appliances that can/cannot be funded under the program (e.g.
upgrades such as marble counters, etc. are not permitted under the progran1.
c. the different programs, eligibility criteria, limitations, expectations (such as the selection
of a licensed contractor), how to resolve issues, etc.
To avoid confusion in the future, staff has directed MBCDC to develop an applicant package
the clearly explains the above-referenced items and requires applicants to acknowledge (via
signature) that they have received and understand these program
rules/req u irements/processes.
8) The program audit found that MBCDC did not comply with the timeliness regulations of the
SHIP program which require that all of the monies awarded to MBCDC be spent within one
year of the execution of the SHIP agreement between the City and MBCDC. In this case, all
work was to be completed by June 30, 2006. Since MBCDC did not meet the timeliness
regulations, MBCDC has returned the original SHIP allocation of $39,741.90 to the City. The
City is willing to re-release the funds if the issue is resolved and the construction is completed.
However, if the issue is not resolved the funds will be set aside and made available in next
Fiscal Year's SHIP allocation, and the restrictive covenant placed on Ms. Bitton's property will
be rescinded. To avoid this issue in the future, MBCDC is requested to perform and document
inspections throughout the repair/rehabilitation period, not only when the work is completed, to
ensure project progress. In addition, MBCDC will be required to immediately report to the City
whenever a project is at risk of not meeting the required timeline, or has failed to do so. The
City is recommending to MBCDC that in future they consider the use of a mediator to resolve
issues involving contractors and applicants and prevent delays that may cause funds to be
recaptured.
In addition to the requirements of MBCDC delineated above, the City is immediately increasing the
frequency of their program audits of MBCDC for the SHIP program from annually to semi-annually.
In addition, staff will complete a review of the revised application packages within the next thirty
Letter to Commission -
Ms. Galit Bitton (MBCDC Rehabilitation Program)
March 6, 2007
Page B of8
days to ensure they have addressed all of our issues and recommendations.
Conclusion
The City contracts with numerous non-profit organizations to provide a variety of much-needed
services to our residents. Needless to say, we expect excellent customer service from our funded
sub-recipients. While it is logical that through the course of normal business not every customer
will be satisfied, we expect each of our funded agencies to resolve any issues with program
participants to the best of their abilities. The City's role is not to mediate disputes between suI>-
recipients and program participants, but to monitor the contracts or agreements that are executed
between a sub-recipient and the City to ensure adherence to program regulations and the
conditions listed in our agreement (e.g. that they are providing the services for which they were
funded).
A review of the case clearly reflects that while the processes developed by MBCDC for the
management of the program require much improvement, there is no evidence that leads us to
believe that MBCDC engaged in any fraud or corruption related to this applicant. MBCDC's long-
standing record of success in providing services under this and other programs for income-eligible
clients, our internal review, as well as the State and HUD review of the agency and program
confirm our belief that this matter is appropriately addressed between MBCDC and the applicant.
We have reviewed the information on this case with the City Attorney, and he concurs with our
conclusion, especially as this matter is now in the hands of the respective party's attorneys for
possible remedies.
Should you have any additional questions or concerns, please do not hesitate to contact my office.
Attachments
c: Hilda M. Fernandez, Assistant City Manager
Vivian P. Guzman, Director, Neighborhood Services Department
ATTACHMENT A
(Restrictive Covenant)
This instrument prepared by:
Office of the City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
(Space reserved for Clerk of Co un)
RESTRICTIVE COVENANT
Galit Bitton("Owner"),
their successors, heirs and assigns, nwner(s) of the following property, hereby agree and covenant that the following
property, located in the City of Miami Beach, Date County, Florida ("City") and legally described as:
UNIT NO 306, OF !HE KNlGHTBRlDGE. A CONDOMINIUM, ACCORDING TO UIE DEClARAIlON OF
CONDOMINIUM THEROF AS RECORDED IN OFFlClALRECORDS BOOK 16n6, AT PAGE 2016, OF THE PUBUC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA. TOGETHER WITH AN UNDIVIDED INTEREST IN THE COMMON EL.EMENTS
APPURTENANT UIERETO AS SET FORTH IN SAID DECLARATION.
Property Address: 7133 BAY DRJVE,#306, MIAMI BEACH, FL33141
("Subject Property"), shall be subject to the following recapture provisions, covenants and restrictions:
State Housing Initiatives Partnership ("SIfip") Program funds in the amount of Forty Thousand Zero Dollars
and Zero Cents ($40,00.00) were utilized in the purchase of the Subject Property, in order to provide affordable housing
for homebuyers in accordance with Chapter 67 - 37 of the Florida Administrative Code, the "SIfip Program Rule", as the
same shall be amended from time to fune. In consideration of these funds the Subject Property shall be subject to the
following restrictions for a period often (10) years from the date of execution of this document.
The Owner(s) hereby covenant and agree as follows:
aJ If the Subject Property is sold, transferred, rented or refinanced, other than in the manner stipulated in
subsections (c) and (d) below, during the above-referenced ten (10) year period, the Owner shall repay to the City, the
full amount of SIfip subsidy funds applied toward this transaction, at the time of any such sale, transfer, rental or
rermancing of the Subject Property. If the net proceeds from such sale, are less than the full amount of the SHIP subsidy
funds, in such amount as set forth above, the City shall recapture the entire balance of whatever net proceeds are
available, for use in other eligible SHIP activities.
b) The SHIP subsidy funds referenced herein shall be payable at the time and in the manner stipulated in
subsection (a) above; and with the exception of a first, second or third mortgage on the Subject Property, shall remain a
lien superior in dignity to all other liens, titles, claims, mortgages, and/or nther encumbrances, until paid.
c) In the event that title to the Subject Property is transferred, as a result of the death of the Owner to a surviving
heir, or any other heir designated by the Owner, and said heir nccupies the Subject Property as a principal residence, the
household income qualifications requirements shall be waived. However, should said heir fail to occupy the Subject
Property as a principal residence within six (6) months from the date of the Owner's death, and continue such occupancy
thereafter, the full amount of SHIP subsidy funds, as set forth above, shall become due and payabte to the City within one
year frnm the date of the Owner's death.
d) Notwithstanding the restrictions contained in Section (aJ above, Mortgagor shall be allowed to refinance the
Premises without being subject to the provisions set forth therein so long as the amount of the refinancing does not
exceed the then outstanding balance of the first mortgage.
eJ It is speciDcally acknowledged by the parties bereto tbat tbe Subjed Property must be oeeupied as a
principal resideoce oftbc Owner for the duration oftbe term of years set fortb bereinabove, and may not be used
as a rental property during tbat perind. Use oftbe property for rental purposes is an event of default bereunder.
In order to further ensure the enforcement of subsection (c) above, any and aU successors. heirs and assigns herein must
obtain the prior written consent of the City Manager prior to the resale of the Subject Property.
Page I of2
The City reserves the right to review compliance with allaffordabilily requirements, as described
in the SHIP Program Rule referred to above
The foregoing covenants and restrictions shall be considered and construed as covenants and restrictions 11II1Iling
with the land, and lbe same shall bind all persons claiming ownership of all, or any portion of the SUbject Property. The
Owner hereby acknowledges and agrees that lbe City is a beneficiary of this Restrictive Covenant, and the Owner shall
not release or amend this Restrictive Covenant without the prior written consent of the City. This Restrictive Covenant
shall continue in full force and effect for a period often (10) years following the date of execution hereof.
Invalidation of any of these covenants by a court of competent jurisdiction shall in no way affect any of the other
covenants, which shall remain in full force and effect.
IN WITNESS WHERE~th~pwner(s) haslhave hereunto caused th~e presents to be signed and, attested by
the respective witnesses on this ,.. day of "I ~ . 2006,.
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print or type name
STATE OF FLORIDA )
)ss:
COUNTY OF DADE )
I HEREBY CERTIFY, that on this day, be~ me,Jl!ll)!lic9Auly puf!lorized in the State and County aforesaid
to take acknowledgements, personally ap~d . ~ II ~ l:) I t1J!f!.. and . and
lbathe/she acknowledged executing th~regoing doclUDent, freely and voluntarily. Said person(s) haslbave produced
(specify type of identification, i.e., driv. i's license and nlUDber, stale of issue, etc)
~~_~~an~OO_~_~an~ .d
WITNESS my hand and official seal in the County and StatJ[;Elast ~ .thi..s 22:! day of
Tr~ ,2005
l./ \ PIneda. OO'le572.~ -----\
I~'. t.A'/ cotfltfllS&\on 138 2008 l
....'!l j E,p\,e. fe",ue<Y Notary Public, State of Florida at Large
""'Off:
Commission #
My Commission Expires:
'F:\NElG\RSG-CD\1HQMAS\ShipGnJ\A:nlOnitla Slobl\Rt:S1CoYenam_Amc:nd!:d.doc:
Page 2 of2
ATTACHMENT B
(Work Order)
Miami Beach Community Development Corporation
Work Order
Job Name and Address: GaUt Bilton. 7133 Bav Drive. #306.
Miami Beach. FL 33141
Start Date:
Estimated Completion Date:
THE FOLLOWING WORK AND MATERIALS WILL BE USED FOR THIS JOB:
All blank spaces to be filled by homeowner assisted by MBCDC Employee.
Wall tiles: Specity price, supplier. model number. color, color of grout, and
location where the tiles are to be installed; This applies to bathrooms and
kitchens only. BATHROOM TILES (WE NEED TILE SAMPLES OR NUMBER)
Kitchen Cabinets: Specify price, manufacturer, type of cabinets. door
handles/knobs and layout of the kitchen if different from existing or from
proposed layout by the contractor.
CABINETS BASE AND WALLS. TOP COUNTER. BACK SPLASH, NEW SINK AND
ACCESSORIES.
Kitchen Fixtures:
Sink type, model and price:
Faucet type, model number, price:
Other:
Bathroom Fixtures: Specify price, supplier, model number Randitions
Shower Valve (bathtub or shower faucet): FPBK # 126751 $2BO
Vanity Cabinet:
Vanity top and/or sink: 1172BO #278
Tub: PLEBE DROPPIN
Water Closet (Toilet): 220007 TIOLET $148.00
Vanity Faucet: 221507 $178
Windows: BATHROOM/KITCHEN 26 BY 26 MILL 26915 $40.37 EACH
Page 1 0 f 3
Miami Beach Community Development Corporation
Lighting Fixtures: Specify price, suppliers, model numbers, colors and locations
KITCHEN LIGHT (WE NEED THE LIGHT FIXTURE)
r,ll "".\0' ~.~ \~ (~L..,~o~ I ,,,,'^.J.,;", -h, hn ./\ll"..lo,t rJs"<>J,..o,""
~'">b\.....,,-\- 1 ,~h\- ,:'-r- .j"o C.1T'~j, 't<.-d :A,). ~II- hr..v-L,.):n' I"Sl-r_I/!A~ '0',
~, '\
t'(, Door Knobs: Specify price, suppliers, model numbers, colors and locations
FRONT DOOR LOCKS PC SHERIDIAN XLAUREL 17388 $1 29.00
BATHROOM DOOR 1 24"
BEDROOM DOOR 1 30"
.~. ~BY.E:Qt'J)~R
4 PASSAGE LOCKS LAUREL 173861 $25.99
1 PRIVACY LOCK 173863 $26.99
Windows: REMOVE AND INSTALLATION OF EXISTING WINDOWS
Shutters: ONE ACCORDIAN SHUTTER 126" X 98"
Crown Moulding and Baseboards: PARTICLE BOARD MOULDINGS
GENERAL WORKS 9,610.00
INCLUDES DEMOLITION OF EXISTING KITCHEN TILES. SLAB REPARATION
(NO STRUCTURAL. ONLY SURFACE) AND NEW TILES INSTALLATION
POP'CORN CEILING REMOVING AND CEILING FINISH.
PLINTH RAILS (2). PLINTH LEGS 6" 4 PACK (5 SETS).
RATIONELL tNSERT FOR SPICE JARS, BEVELED EDGE DECOR STRIPS-BIRCH
H2.,
CUT BAR BY 24" AND REPLACE COUNTER.TOP TO COORDINATE WHIT REST
OF KITCHEN (GRANITE COUNTER-TOP).
REMOVE AND INSTALL NEW DRY-WALL BY REFRIGERATOR TO COVER EXISTING
SECOND DOOR. REPLACE EXISTING DRY-WALL AROUND FRONT' DOOR.
REMOVE DRYWALL OF FRONT CLOSET AND INST'ALL T'ALL WARD CABINET.
INST ALL TWO INTERIOR LIGHT'S T'O TALL WARD CABINET.
CREATE AN ADDITIONAL ELECTRIC OUTLET IN BATHROOM.
INSTALL 4 RECESSED LIGHTS IN SOFFIT ABOVE VANITY. TOILET AND SHOWER
CREATE A 220v OUTLET'.
CREATE PLUMBING CONNECTION FOR FUTURE WASHER AND DRYER SETUP.
Comments and other types of work required by homeowner. Please specify In
detail:
GFl's KITCHEN AND BATHROOM
ELECTRIC PANEL
FRONT DOOR S EEL PREHUNG FLUSH 36x80 42746 104.00
qb. BYFLOD DOOR 24" 1071 2 $26.00 (SET 2)
Bathroom Door 24"lnterior 1 0 LT Pine 8403 $96
Bedroom Door 30" 15 Interior LT Pine 8405
Page 2 of 3
Miarni Beach Community Development Corporation
PLEASE READ CAREFULLY BEFORE SIGNING:
The contractor will use materials in accordance with MBCDC 's housing rehab
for home ownership program minimum requirements in each instance where
the materials and other requirements are not specified by the homeowner.
Contractor, homeowner and MBCDC administrator all agree on the above
specifications of work and materials and understand if a change is necessary
or desired. it will have to be approved by all three parties.
Any changes of work order (materials, work. or both) may cause major delays,
increase price (as high as three limes the normal price) and ultimately
postpone completion of work. If homeowner requests a change to this work
order. homeowner will be responsible for additional charges and time
necessary to make those changes. All change requests will be submitted to
the contractor in writing. The contractor will not stop the work until such a
request is submitted and signed by the homeowner.
In cases of unforeseen and necessary work. expansion (code violation
corrections. building inspector's request for code upgrades, misc. hazard
removal etc) the contractor will notify homeowner and MBCDC of additional
time an unds necessary to complete the job.
./J:V
(,+ ~i++M
Print Name
-::r 01 ~ d;l. 9, d..cn5
Date
Homeowner signature
Contrac . .
inistraJor Signature
Print Name
Date
}u~ \Co IdO'-"'~
Print Name
Date
Page 3 of 3
ATTACHMENT C
(Contractor Agreement)
Contractor Agreement
THIS AGREEMENT, is made this by and between the "Contractor" and "Owner" to construct
reconstruct, or rehabilitate, the "Property" :
DEFINITIONS:
"Contractor"; Intearal Business & Investments Inc.
address:
13032 S.w. 141'1 Street, Miami, FL 33186
"Owner"
Galit Bitton
address:
7133 Bav Road. #306. Miami Beach. FL 33141
"Property" . Same as above
The "Work"; See "Exhibit A" (attached)
The OWNER and CONTRACTOR agree as follows:
ARTICLE 1 - THE WORK
The Contractor agrees to furnish all labor, materials, equipment, permits, licenses and services
for the proper completion of the construction, reconstruction or rehabilitation of the above
identified Property as is described in "Exhibit A" which is attached hereto and incorporated
herein by this reference (the 'Work").. The Contractor agrees that materials supplied shall be as
specified in the Work, and where required by applicable Jaw, rule or regulation will have Dade
County or other applicable governmental product approval. All Work shall be completed in a
professional manner according to standard practices.
ARTICLE 2 - TIME OF COMMENCEMENT AND COMPLETION
No Work shall be commenced by the Contractor until the Contractor has received a written
Notice to Proceed from the Owner. The Notice to Proceed shall be issued within 5 business
days after receipt by the Owner from the Contractor of conformed copies of all required permits
and licenses and acceptance thereof by Owner.. Work shall begin no later than FIVE business
days after the Notice to Proceed is issued All Work shall be completed pursuant to the
standards set forth in Article 1 within ~ days after the Notice to Proceed is issued.
ARTICLE 3 . CONTRACT SUM
-1feL
Page 1 . Contractors Agreement
This is a fixed sum contract. The OWNER shall pay to the Contractor for the performance of the
Work, the contract sum of $32,240.00 The contract sum and the scope and requirements of the
Work may be changed only upon execution of a Change Order by Owner and Contractor.
ARTICLE 4 - PAYMENTS
The Owner shall make payments on account of the contract, upon requisition by the Contractor
as follows (insert specifics of payments):
1" Payment $8,060.00
2nd Payment $8,060.00
3'd Payment $8,060..00
Final Payment $8,060.00
Final payment will be made seven days after the Work has been satisfactorily completed and
the Owner has either received a Certificate of Completion issued by the relevant jurisdiction of
local government or the Contractor has submitted to the Owner proof that all final inspections
have been made approved by the relevant unit of local government
ARTICLE 5 - CONTRACTORS INSURANCE
The Contractor shall be responsible for all damages to persons or property that occur on the job
site or adjacent thereto as a result of his fault or negligence in connection with this contract.
The Contractor shall, prior to commencing Work, furnish written evidence of comprehensive
liability insurance coverage protecting the Owner in the event of bodily injury, including death,
accident and property damage arising out of the Work performed by the Contractor, to the limits
required by the State of Florida Insurance Commission. The Contractor shall also furnish
written evidence of coverage in accordance with Florida Worker's Compensation Laws.
ARTICLE 6 - SUBCONTRACTS
All subcontractors shall be bound by the terms and conditions of this contract Contractor shall
furnish to the Owner and owner's lender in writing, a list of names of the subcontractors
proposed for any portion of the Work. The Contractor shall not assign this contract to or
otherwise transfer any of its duties, obligations or responsibilities hereunder to any other person
without the written consent of the Owner.
ARTICLE 7 - GENERAL RESPONSIBILITIES OF THE CONTRACTOR
The Contractor shall supervise and direct the Work using his best skills and attention.
The Contractor shall provide Owner with written evidence that he has secured and paid for all
licenses and permits necessary for the proper execution of the Work and upon completion of
the Work shall provide written evidence that all Work has been inspected and appr~ by the
appropriate Building Officials .....,ii!:L
Page 2 - Contractors Agreement
The Contractor shall not employ on the Work any person unfit or not skilled in the task assigned
to him.
The Contractor shall be responsible for acts and omissions of all his employees and agents, all
subcontractors, suppliers and material men, their respective employees and agents and all
other persons performing any of the Work.
The Contractor shall at all times keep the premises free from any accumulation of waste
materials and rubbish caused by the Work.
The Contractor shall permit the Owner and the Owner's lender to examine and inspect the Work
at any reasonable time and will attend a pre-construction meeting as described in Article 8A of
this contract
The Contractor shall furnish to the Owner and the Owner's lender the names, addresses and
telephone numbers of the firms to be contacted for services to the various appliances or other
equipment to be installed or repaired under this contract
The Contractor will furnish to the Owner's lender a scheduled of completion, with milestones
and goals for the timely completion of the contract.
The Contractor will exercise due diligence in the completion of the Work, and will not delay or
cause to be delayed the completion of this contract
ARTICLE 8 - GENERAL RESPONSIBILITIES OF THE OWNER
The Owner shall permit the Contractor to use at no extra cost, existing utilities (if available) such
as light, heat, power and water necessary for the proper execution and completion of Work
The Owner shall cooperate and shall cause all occupants to cooperate with the Contractor to
facilitate the performance of the Work, including the removal and replacement of rugs, furniture
and clothing if necessary
The Owner shall be responsible for the proper use and care of the property including all
equipment and appliances..
The Owner shall attend a pre-construction meeting with the Owner's lender and the Contractor,
in which all details of the Work to be performed will be reviewed
The Owner shall provide the Contractor with access to the property during normal working
hours on normal working days.
The Owner shall permit the Owner's lender to examine and inspect the Work under this contract
at any reasonable time
ARTICLE 10 - CHANGES IN THE WORK
Except in any emergency endangering iife or property, no change in the Work shall be made by
the Contractor unless he has received a prior written order signed by the O~r:lJ1fhe contract
Page 3 - Contractors Agreement
sum and contract time may be changed only by a change order. No monies in addition to the
contract sum set forth in Article 3 hereof shall be paid to Contractor unless supported by a
written change order Contractor shall be solely responsible and liable for any costs or
expenses arising out of or related to the Work which are in excess of the contract sum.
ARTICLE 11 - GUARANTEES AND WARRANTIES
The Contractor shall correct any Work that fails to conform to the Work and shall correct all
defects due to faulty materials, equipment or workmanship which appear during the progress of
the Work or within a period of 1 year from the date of final acceptance or such longer periods of
time as may be specified by law or by the terms of any special guarantees required by the
Work. The provisions of this Article shall apply to Work performed by subcontractors as well as
Work performed by the Contractor
ARTICLE 13 - TERMINATION OF CONTRACT BY OWNER
If the Contractor defaults or fails to carry out the Work in accordance with the Work or fails to
perform any provision of the contract, the Owner, may, after 7 days written notice, terminate this
contract and finish or cause the Work to be finished in a manner and by such person or persons
as Owner shall select, all in conformance with the terms of this contract If the unpaid balance
of the contract sum exceeds the expense of finishing the Work such excess shall be paid to the
Contractor If such expense exceeds such unpaid balance, the Contractor shall pay the
difference to the Owner within five business days of written demand thereof.. No such payments
shall be recovered by the Owner or Contractor until a fixed price of finishing the Work has been
determined by the Owner by an approved work contract
ARTICLE 14 - TERMINATION OF CONTRACT BY THE CONTRACTOR
If the Owner fails to perform any material provisions of the contract, the Contractor may, upon 7
days written notice to the Owner and the Owner's lender terminate the contract and recover
from the Owner payment for ali work satisfactorily completed including reasonable profit.
ARTICLE 18 - LIQUIDATED DAMAGES
Liquidated damages will accrue at a rate of $100.00 dollars per day, for each day the
completion of the Work exceeds the established completion date as described in Article 2 of this
Contract These liquidated damages will be deducted from the final payment at the completion
of the contract
This Contract becomes effective and binding upon the Contractor and the Owner(s) when
signed by both parties in the spaces provided below.
M
Page 4 - Contractors Agreement
CONTRACTOR:
By:
OWtJJ
&~~
Signature .
C~.J ~ d---I-o..,
Print Name
ADDITIONAL OWNER (if any)
Signature
Print Name
Date:
Date;:C"'J/14 ;::),/ ~ It=..
1 ,00.....1
Date:
Page 5 - Contractors Agreement
ATTACHMENT D
(Letter from Ms. Bitton terminating contract with Integral)
r
February 15,2006
To: Jose D. Mendoza
Owner of Integral Business & Investments Inc.
I am hereby notifYing Integral Business & Investments Inc. and Jose D. Mendoza that I
as "Owner" of7133 Bay Drive # 306 am terminating our contractor agreement as per my
rights in Article 13, seven days from today, February 21, 2006. Mr. Mendoza and
Integral Business & Investments Inc. heretofore referred to as "Contractor" haslhave
repeatedly defaulted on our contract signed July 29, 2005.
"Contractor" has failed to comply with Article 1 - has repeatedly not purchased material
even as I constantly request it, licenses and permits are not being pulled and/or being
provided to me for the "work"
"Contractor" has failed to comply with Article 2 - the "work" is nowhere near completed
and as oftoday, February 15,2006 we are 153 days past the Sept. 15,2005 date of
completion as per our contract. Notice to Proceed was given in writing on July 29, 2005
the date I signed our contract. The kitchen has no electricity, flooring, fixed ceiling, or
any appliances or cabinets installed. It is a shell. The bathroom has the tub installed but
no plumbing installed and no water coming in to the unit The toilet has yet to be
purchased even though the list of material was given to "contractor" in July, and the
vanity is not installed. Basically, nothing is done! The only work almost completed this
entire time since July 2005 is the installation of the shutters which is still not completed
due to not having secured them fully to the balcony!
"Contractor" has failed to comply with Article 5 - I have not received any evidence of
any insurance and am still owed money for having to call an emergency plumber to fix a
leak created by an employee o(the "~ontractor".
"Contractor" has failed to comply with Article 6 - no list of subcontractors has been
given and it has been a constant struggle as I insist on having licensed workers as the
"contractor" ignores my requests.
"Contractor" has failed to comply with Article 7 - refusing to show me electrical and
plumbing permits that I insist on, has not been responsible for the acts of his employees,
does not remove trash in a timely manner, has not furnished any list of firms contracted,
has not furnished a schedule of completion of any sort, and has constantly caused delay
of the completion of our contract by not purchasing materials, not providing employees,
or even returning any phone calls.
"Contractor" has failed to comply with Article II - employees of"conractor" incorrectly
put down the marble flooring in the kitchen and the entire floor cracked within 48 hours
of it being laid down, over 2 months ago. It has still not been fully removed or replaced
and "contractor" keeps asking ifhe can just replace the center of the floor and leave
broken marble tiles against the walls!
Integral Business & Investments Inc. and Jose D, Mendoza are thus terminated and as per
Article 13 are notified that "Owner" will "finish or cause the Work to be finished in a
manner and by such person or persons as Owner shall select, all in conformance of this
contract. . ..If such expense exceeds such unpaid balance, the Contractor shall pay the
difference to the owner within five business days of written demand thereof"
I have not been able to live in my home this entire time and have been having to pay for
another apartment and as of today have no water or electricity available to me at all in the
unit since the work is not completed.
As per Article 18 of the Contractors Agreement, Owner, Galit Bitton, demands liquidated
damages from September 16,2005 till February 21,2006, the date ofterrnination of the
contract
Galit Bitton,
~~
February 15,2006
ATTACHMENT E
(Letter from Ms. Bitton's attorney)
Higer Lichter & Givner
JAroS J. OIVNSR
jgivnerCm.alawyers.com
MICHAEL J.. HIDER
mhiger@HLOla.wyct'$.com
DAVID H LICHTER
dtldttctOl-D..Olawye:rs.com
2999 !'IE 1911lT 5"rnEET. SUITE 700
AVENnJRA, FLORIDA 33180-3116
TElEPHONE (305) 933.9970
FACSIMILE (305) 933.0998
www.HLOlowyen.com
UTlOAl1QN
RM.L ESTATE
COIU'ORATE
MWlATION
PEDRO MENOCAL
orCouno<I
pmenocai@HlOlawyer:s,com.
lNml.EcnJM. PI\OPEI\TI'
June 29, 2006
PERSONAL INJURY I WRONOFUl OEATH
Mr. Juan Luis Valderrama
d/b/a Integral Business and Investments, Inc.
13032 S.W. 141~ Street
Miami, Florida 33186
Re: Contractor Agreement between Integral Business & Investments, Inc.
and Galit Bitton, dated July 29, 2005
Dear Mr. Valderrama:
As you know, you were among the contractors that the Miami Beach Community
Development Corporation (uMBCDC") provided to Galit Bitton when she qualified for
the MBCDC's Owner Occupied Repair Assistance Program (the "Program").
Once selected, you entered into a Contractor Agreement (the "Agreement") with Ms.
Bitton pursuant to which you were to repair and wor\<: on her apartment in accordance
with the Work Order attached to the Agreement. Copies of the Agreement and the Work
Order are enclosed herewith.
Pursuant to the agreement, payments in the amount of approximately $32,000 have been
made to you by the MBCDC on Ms. Bitton's behalf.
You began to work on the project on September 1, 2005. Pursuant to the Work Order
and Article 2 of the Agreement, you were to complete your work on or before October
16,2005. It is now more than 8 months later and you still have not finished the job. To
date, you are 257 days overdue. This means that you are liable for $25,700 in liquidated
damages under Article 18 of the Agreement.
Your breach has also contributed to substantial damages to Ms. Bitton's real and perso.nal
property.
I.etter to Valderrama
June 11, 2006
Page 2012
Demand is hereby made for payment of $25,700 within five days of the date of this letter.
If you wish to resolve this matter, you should contact me no later than noon, Monday,
July 3, 2006,
Otherwise, ] will have no cboice but to peruse a cause of action against you and Integral
Business and Investments, Inc. for the damage and destruction to Ms. Bitton's apartment
and personal property, liquidated damages under the Agreement, and any consequential
damages, such as rent and other expenses that she has incurred as a result of not being
able to live in her apartment for almost an entire year.
PLEASE GOVERN YOURSELF ACCORDINGLY,
~l'
Pedro M7
cc: Elisabeth D. Kozlow
Galit Bitton
Higer Lichter & Givner
ATTORNEYS AT LAW
ATTACHMENT F
(MBCDC Letter of July 13, 2006)
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201 AlRAMBR.~ cmCLE I SUITE 1102 I CORAL GAllLES, FLORIDA 331341 MIAMI-DADE 305.442.3334
BROWARD 954.781.1134 I FAX 305.443.3292 I TOLL FREE 800.737.1390
EKOZLOW@SIRc.YRITDLAW.COM
REPLY '1'0 CORAL GAB,I.ES omen
July 13, 2006
VIA TELEFAX 786-513-3887
Pedro Menocal, Esquire
Attomey at Law
155 Sunrise Drive, #107
Key Biscayne, Florida 33149
Re: Miami Beach CommLmity Developrnent Corporation. Ino. - Galit
Bitton
7133 Bay Road, #306. Miaini Beach, Florida 33141
Dear Mr. Menooa1:
In acpordanoe With our recent conversations regarding the situation
with Ms. Bitton's unit, we have come up with the following options to resolve
this matter.
The first and most expeditious option will be to have her original
contractor 1inish the work that he has already siar1ed. The SC'-Ope of Work will
be completed within forty-five (45) days in accordance with the original
contract. However, Ms. Bitton must pay back the $8,060.00 that the
contractor (after receiving payment from Miami Beach Community
Development Corporation, Inc,) paid directly to her. I understand that Ms.
Bitton has purchased some materials with those funds. If so, slle must
deliver the matertals she purchased to be incorpora~ed Into her home as part
of the community-sponsored repairs. The second option is to have the- work
completed by one of two other contractors who have bid for the work.
However, because about fifty percent (50%) of the original funds have been
used, they will only do the work in accordance '^~th the attaohed revised
Scope of Work. The chart my client has prepared shows the original Scope
of Work to be performed by the first contractor next to the adjusted Scope of
Work which would be done by one of the replacement contractors. Because
monies have been paid to. the original oontractor, the Scope of Work had to
be reduced and omits items that are not code requited.
NORTfIDRlJJ~E CEETRE i si5 NORTH Fu,GLER DRlVJ: I SUITE 70] j WE-"T PALM BEACH, Fr. 33401 I 561.296.5444
Pedro l~enDC9.I, Esquire
July 13, 2DD6
Page 2
In either Instance, the unit will be fumigated and cleaned. However, two items are
critical to finishing the work on this project. First, under either option, Ms. Bitton must
provide the contractor with a key and unlimited access to the unit from 7:00 AM. to 4:00
P.M., Monday through Friday. From what I have been told, a lot of the problems with the
contractor resulted out of his failure to obtain access to perform work Second, Ms. Bitton
must utilize the materials she purchased with the $8,060.00 and withhold the balance of
the cash to be paid to the contractor (original or new) towards the Scope of tha Work.
Please understand that those monies are state funds which do not belong to the City of
Miami Beach. The funds have been earmarked to pay for the constnJction improvements
outlined In the program and not for payments towards rent, mortgage payments or other
personal use. Had Ms. Bitton advised either the contractor or Miami Beach Comrnunlty
Development Corporation. Inc. that she needed to rent an apartment while the
improvements were being performed. they could have found community housing for her to
stay in.
Please discuss these options with your client and advise which alternative she has
elected in order to complete the work on heir unit. . . .
Sincerely,
SIEGFRIEd, RIVERA, LERNER,
DE LA TORRE & SOBEL, P .A.
Elisabeth D. Kozlow
EDKlst
Attachrnent
cc: Roberto Datorre. President and Manuel Forero, Project Manager, Miami Beach
Community Development Corporation, Inc, (with attachment)
VIA REGULAR MAIL
H~UBRAAYlCASES\.2.22iro30021\RLB01'..DOC
_t:--
GAlJT BmON
7133 BAY DR.. MIAMI SEACH FL_ 331041
Sc{)J>~ OF .....DRK BY OWNER ~O)USTED SCOPE Of WORi(
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I
ATTACHMENT G
(MBCDC Letter of September 15,2006)
= L,1\\' tlFJil(;!::;ii
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s:t"f.,VEN hf. SIEGFRIED
OSGA.R n. IUVERA
USA A. LERNER
B:EUO OE1.A. TOnnE
STUART g, SOBEl.
llAnI.A. VICTOnIA.An1AS
J,ums F. nARRINGTOl'l'
ELISJ.Dmn D. KOZLOW
illGBAELJ.lrUnZbLAN
JOSEPH A- MIl.E8
llOBED.TO C. DUNCH
LA UnIESllL WEJ..L COB.EN
(;BOBGKETRLBOHN
ANDnEWld. mma::s
ENnlQUB M LOPCZ
n"EITB. M.A.CIIADO
LAURA Y.. MANNING:
PE11m MELTZER
JdlCHAEL METrA
VIVIEN T. MoNTZ
RAUL}f:01UJ..ES
F'ElW F. JruSSl!L W'lII'm
ROnImT N'EMnDW
BOWARD J.PKRL
JASON !d. RODGERS-Do!. c:nuz
<:.AllmAn RDSCONl
L.l:IlEIlErnGG-
OF COUNSEL
H. HUGH M.l:CONNELLl".A.
201 ALHAloIBRA CffiCLE I SUITE 1102 I CORM. GAB US, flORIDA 33134 I MlAMI-DADE 305.442.3334
BROWARD 954.781.1134 I FAX 305.443.3292 1 TOl'[. FIlEE 800.7371390
I:.'1\:OZLOW@SIEGFnIEDLAr,r.cor.1
nliI'LY 're ConA.LGAllLES OFFICG
September 15, 2006
VIA TELEFAX 786-513-3887
Pedro Menocal, Esquire
Attorney at Law
155 Sunrise Drive, #107
Key Biscayne, Flonda 33149
Re: Miami Beach Community Development Corporation, Inc.
("MBCDC") - Galit Bitton
7133 Bay Road, #306, Miami Beach, Rorida33141
Dear Pedro:
After extensive discussions between my client and the previous
licensed contractor for Ms. Bitton's unit, together with discussions with
potential replacement contractors, my client has proposed the following
solution and revised scope of work. If you client accepts this proposal, the
work wiil be started and completed as expeditiously as possible. This
proposal was based on several factors, including but not limited to: the
anginal contractor's refusal to complete the work under the scope of work in
the contract, your client's use of the $8,000.00 In funds which were
earmarked for construction materials and labor, the best estimate from the
most qualified licensed contractor willing to perfomi the work. The contractor
that will perform the work i~ J. Cappelleti, Inc., a licensed general contractor
that has done several projects for MBCDC. If your client does not accept this
proposal, she may retain her own contractor 10 r.omplete the rest of the work
and my client will turnover the balance of the funds to her contractor and she
shall be solely responsible to pay for any overages.
Proposed Scope of Work: Pi ease see attached Exhibit" A".
In exchange, my client requires Ms. Bitton compiy with the following
conditions in order to proceed with the above-referenced scope of work:
NORTH"RIDGE CENTRE i 5JS NORTE FLAGLER DRlVE I SUITE 70J I WEST PAl" BEAcH, FL 334.01 I 561296.5444
Pedro Menocal, Esquire
September 15, 2006
Page 2
1. The new contractor will work under the existing perrnit pulled by the original
contractor to avoid expediting permit fees. The new contractor will close the
existing open permit for kitchen and bathroom remodeling. All change of
contractor applications required will be filed. The new contractor will
coordinate tt.,is with the original contractor. .
2. Ms. Bitton will provide a key for unit access to the new contractor. We
cannot agree that Ms. Bitton will allow entry to the contractor whenever she
desires to show up. At the end of construction, the .key will be retumed 10
Ms. Bitton by the new contractor,
3. Any unfinished work, such as the new water line to the balcony and the
washer/dryer installation and accordion shutter installation are the
responsibility of Ms. Bitton to complete and to obtain condominium board
approvals, which are required, She will also be required to have proper
permits pulled tor this work hy the contractor she selects.
4. Ms. Bitton shall agree and comply with City of Miami Beach's ten (10) VElar
restrictive covenant which she signed on June 22, 2005,
5. MBCOG and Ms. Bitton will release each other from aJlliability.
Please discuss this matter with your client and if the proposed work is acceptable
to your client, please notify me Immediately so that my client can direct the new contractor
to commence work,
Sincerely,
SIEGFRIED, RI~A, LERNER,
~BEL'~
ai_hO.~
ED KIst
Attachment
cc: Roberto Datorre, President and Manuel Forero, Project Manager, Miami Beach
Gornmunity Development Corporation, Inc. (with attachment)
VIA E-MAIL
EXHIBIT "N
SCOPE OF WORK:
1.0 KITCHEN AREA
1.1 Wire and install 5 GFCI'S at kitchen as required by code when rernodellng
kitchen.
1.2 Install one center kitchen light fixture provided by owner.
1.3 Relocate electric receptacle at bar top area.
1.4 Drywall and finish framed bar top.
1.5 Assemble and install owner provided kitchen cabinets.
1.6 Furnish and install new Wilson art Mica counter top color selection by owner
with full backs plash.
1.7 Kitchen plumbing pipe fittings for kitchen sink, dishwasher and refrigerator.
1.8 Install owner provided kitchen sink, and faucet.
1.9 Install owner provided appliances.
1.10 Properly Install kitchen window and verify compliance with code.
1.11 Install porcelain floor in kitchen area. Material will be selected by Mrs. Bitton
from MBCDC's catalog for the program. Note that in order to properly separate the
laminate wood flooring and the porcelain tile the existing circular cut separating the
kitchen from the living area must be charged to straight cuts for threshold
installation and proper finish.
2.0 MASTER BATHROOM
2.1 Install owner provided bathroom door.
2.2 Remove romex cable from electrical installation for bathroom lights and replace
it for BX cable as per code. Connect to existing Hi.hats.
2.3 Bathroom plumbing pipe fittings
2.4 Install bathroom Gypsum drywall systems at walls and sofi1s.
2.5 Install porcelain tile at floor and bathtub wall areas. Material will be selected by
Mrs. Bitton from MBCDC's catalog for the program.
2.6 Install one new GFCI as per code.
2.7 Insta.1I owner provided vanity, sink and toilet.
2.8 finish existing bathtub installation.
2.9 Install owner provided mirror or rnedicine cabinet.
2.10 Install owner prOVided bathroom plumbing sets.
2.11 Properly install bathroom window (see note at division 1. '11)
3.0 GENERAL WORK
31 Selective Demolition where required.
3.2 Install 3" wood baseboards where required.
3.3 Painlunit color selection by owner up to three colors. This does not include the
application of textures removed by owner. Two coats of paint will he applied
over the existing surfaces.
3.4 Professional pest extermination of unit.
3.5 Cleaning and final cleaning.
3.6 Move and rearrange furniture before owner occupation.
H:\UBRARY\CASESI4=030021\SJ861B.OOC
ATTACHMENT H
(Integral Business and Investments, Inc -
Corporate License and Insurance Information)
Division of Corporations
Page 1 of2
.^.".^
Florida Profit
INTEGRAL BUSINESS AND INVESTMENTS, INC.
PRINCIPAL ADDRESS
10300 SW 72 STREET
#318
MIAMI FL 33173
Changed 07/07/2004
L.
MAILING ADDRESS
10300 SW 72 STREET
#318
MIAMI FL 33173
Changed 07/07/2004
Document Number
P00000068842
FEI Number
651029868
Date Filed
07/19/2000
State
FL
Status
ACTIVE
Effective Date
NONE
eglstere "gent
I Name & Address I
CUESTA, GERMAN
7227 NORTHWEST 113 COURT
MIAMI FL 33178
I Name Changed: 02/0112005 I
I Address Changed: 02/01/2005 I
R dA
,-..
Officer/Director Detail
I Name & Address II Title I
VALDERRAMA, JUAN L D
13032 SOUTHWEST 141 STREET
MIAMI FL 33186
http://sunbiz.org/scripts/cordet.exe?al = DETFIL&nl =P00000068842&n2=NAMFWD&n... 02/12/2007
Division of Corporations
Page 2 of2
I Report Year II Filed Date I
I 2004 II 03/29/2004 I
I 2005 II 02/01/2005 I
I 2006 II 03/30/2006 I
Annual Reports
No Events
No Name History Information
~" m.^.........~... ~.,,~
Document Images
Listed below are the images available for this filing.
03/30/2006 -- e.1'!N REPIUNIFORM BUS REP
Q2/0I/2005 -- ANN REP/UNIFORM J;!.\lS ~!'
03/2912004 -- ANN REPIUNIFORNj mLS_REP
01/2I/2003 -c COR - ANN REPIill'l!fQRM BUS.REP
02/04/2002 -- ANN REP/UNIEQRM BUS REI'
Q3/2l!2QQl ,- ANN REPIUNIFORM BUS_REP
07/.1 912000 -- Domestic Profit
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
"...n....~....^m._
http://sunbiz.org/scripts/cordet.exe?a1 = DETFIL&n 1 =P00000068842&n2= NAMFWD&n... 02/12/2007
Miami-Dade County - Building Code Compliance Office
Page 1 of 1
Building Code
Compliance
Search:
L ......i
:rltt;mrJ.lt:.J'~
Contractor/Qualifier search by name
Name Type Number Status
INTEGRAL BUILDING CORPORATI C CGC1505669 A
INTEGRAL BUSINESS AND INVES C CGC1505450 A
INTEGRATECH BUILDERS INC C CGC1511838 A
INTEGRATED BUILDING TECHNOL CD ECQOO1J19 R
Types: C = contractor T = tradesman
Status: A = active R = restricted S = suspended
SELECT ONE ENTRY AND CLICK ON THE NUMBERI
BCQQ~.8PRlication Me_!)!! I a.CJ:;_O Hom~ Pag.e. I State__Lj~!J~~L$_~JMch M_enY_J;
_ttQm~_ I _l,L~ln9-Ql,lJ:_Si1~_ I fo.b9_Yl I F~J19nt;lQ(n;~s;:Jq.rY 1 .E'rivID I Oi.$g'!~jl11~[
E.mail your comments or questions to~G_GQ
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This page was last edited on: July 17, 2001
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All rights reserved.
http://egvsys.metro-dade.com:1608/WWWSERV /ggvt/BNZA W935.DIA ?INPUTNAME... 02/12/2007
12/30/2004 "13:52 3B~~~~091B
r\7"l"lc f.<,."'t"y Tt.ti~I(3051 e29--32'.)... At: I~r....:-;''''''-;-~_':'._"-'
D~VI
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PAGE \33
ACORD.
CERTIF[CATE OF LIABILITY INSURAN.CE
1!>ll>URERS A.FFORDING coVERAGE NAIC ·
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mv ""wow""T. TeRMOR CONOITCN OF ANV CONTIVoCT OR 01'><.0 ['t.)CUMliNT WITH ..sPECT TO WHICH T\otS CEOTIFI:::"T. MAvBE ISSLEOOR
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. ._"'.' .n', ,~._,v\_~_; ___ ----
I ACORD, CERTIFICATE OF LIABILITY INSURANCE O? 10 A~ DATE (MMIDD/VVYVj
INTEG-3 O~/19!0~
PROouCEl'I THIS CERTIFICATE IS ISSUED AS A MATTER OF II,FORMATiO
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
rnsuzance-MZrke~ers~n~. ~---~ __HQLD~B. IHLS CERTIFICATE DOES NOT AMENO, EXTEND OR
~41 A~ria Avenue ALTER THE COVEAAClrAFFORDEOBYTHEPOtICIES-BEL-oW-
Coral Gab~e& FL 33134 INAIC #
Phone: 305-442-9507 Fax: 305-447-8527 INSURERS AFFORDINCl COVERAGE
INSURED INSURER !\: North Amerie"n Soeeial tv Ins.
INSURER B.
Int.egra.l Business '" Investment IrJstJRERC:
1030 sw 72nd st:eat, St.e 470C II~SURER D:
l.,t.iami FL 33173
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IhlSURED NAMED ABOVE FOR THE POLICY PERIOD INDlCATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH HilS CERTIFICATE MA. '( BE ISSUED OR
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INSft ADO'L POLICY NUMBER ~~~YM~rJ&WIE P8k~CEYI~~rb'b.~~~N LIMITS
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PREMISES tEa OCCUIM~)
I I CLAIMS 'JADE ! X I OC:;UR , ME!> EX? (.'<IllY one p&l&On) .5000
j~ ---I PERSONAL & ADY INJURY . lOOOOOO
GENERAl AOGiRii:GA'TE . 2000000
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ANY Allie OTHER THAN EA"CC .
"!!TO ONL 'f: N3G .
El:.CESSILmiilREU.A UAB;ll.ITY EACH OCCURRENCE I
:=J OCCIJR C ClAIMS MADE AGGREGATE S ,
,
==i DED~TlBLE .
RETENTlOI.. . ,
WORKERS COMPEIolSAnCN A.ND IT~iyr~~ I J~~'
EJAPLOVE~S' LIAB.LlfY ER
!<.Ny PRO?RIETORfPARTNER/EXEC:,rnve E.L EACH "CeIDEl-1T ,
OFF1CF.RfMEMB~ E;)(CLUC;ED? E.L DISEASE. EA EMPLOYEE S
l!ye6.d!osc.lf~l)nder E.L D:SEA,SE. POLICY LIMIT
SPf:CIAL PROVISPNS bajaVI' ,
OTHER
DESCRIf"nON Of OPE~ TlONS I LOCATIONS! VEHICLES .' EXCLUSIONS ADDEO EY ENDORSEMENT I SPECIAL PROVISIONS I
CERTIFICATE HOLDER
I
STATE-4
CANCELLATION
SHOULD ANY O~ T....e A.SOVE DESCRJ5ED POLICIES BE CANCELLED BEFOIlE fHE EXPlRATION1
DATE THEREOF. THE ISSUING INSURER WilL E~rn:..6.1,I0R TO MA..!l !L DAYS WRITTEN
NOTICE TO THE CEI\TIF1CA'rE HOlDE" NAMED TO fHE lEfT, BUT FAlLlJltETC DO SO SHALL
IMPOS.E NO 09lIG.6.TION 01\ U..L.BlL.l'1"Y Of "NY KINO UPON THE INSURER. 1":"5 A.OE"TS DR
REPRESENT .c.TlVES.
",UTHQ EPitES TATIVE
eo<
S~ATE OF FLORIDA
DZPARTMEllT OF BUSINESS AND
PROFESSIONAL RZGULArION
~940 NDRTH MOh~E ST.
TkLLAHASS~E FL 32399-0783
ACORO 25 (2001108)
@ACORDCORPORATION 19S5
.
04-22-2004
TOM GALLAGHER ST A TE OF FLORIDA
. _ ~-KlEFrINANCIAL-oFFlCER~~-~~--- ~D.EP~.RJNlENT OF FINANCIAL SERVICES
'- DIVISION OFWORKERS'-COMPENSAIION ___~u -~---
t. CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW t. -' ~
CONSTRUCTION INDUSTRY EXEMPTION 1i 1~ N1' 0
This certifies that the individual listed below has elected to be exemp.f ~riO -c: IV. jLJ-
Florida Workers' Compensation Law. -0 (\ U l'\..l-~;
EFFECTIVE DATE: 04/23/2004 **EX-tWI()eA{(.~~006
PERSON: VAlri~S V A-Ju1.~
FEIN: rr S ltjl2~~
1\ fi;t;"& J~ME INTEGRAL BUSINESS & INVESMENTS INC
lYH;ADDRESS: 10300 SW 72 STREET
#470C
MIAMI FL 3317 3
SCOPE OF BUSINESS OR TRADE:
IMPORTANT: Pursuant to Chapter 440.05(14), F. S. an officer of a corporation who elects
exemption from this chapter by filing a certificate of election under this section may not recover
benefits or compensation under this chapter.
OWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 01~04
QUESTIONS? 1850) 488-233:
PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE
STATE OF FLORIDA
OEPARTMENT OF FINANCIAL SERVICES .
0lVI510N OF WORKERS' CO""e-ISA TION
CONSTRUCTION INDUSTRY
CERTlFICA TE OF Exem>TION FROM FLORIDA . -c
WORKERS' COMPENSATION LAW C.o
EFFECTIVE: 04Jnl1004 ~ S V A~ 5
** EXPIRATION DATE~Sl4 ;/1 Bl~.(I\?lEN.1-
PERSOt:;' -C' 'Iv 11'0 E.L~uRll
1!i:1.f ~ t-p f)' J. j.~
~3':f\E~M 1iifulRAl BUSINESS & INVESMENTS
AND ADDRESS: 10300 SW 11 STREET
moc
IJIAMI fL ;3173
SCOPE OF BUSINESS OR TRADE:
F
o
L
o
H
E
R
E
IMPORT ANT
Pursuant 10 ChaplM 440.051141, f. S ., an officel of a
corporation who elects exemption from this chapler by filing
e certificate of eleclion under this section may r,ol recover
benefits or compensation onder Ihis chapter.
QUESTIONS? IB50) 4B!-1l3;
CUT HERE
" Carry bottom portion on the job. keep upper portion for your records.
[}WC~ 252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 0 1 ~ 04
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ATTACHMENT I
(Montecarmelo Interiors, Inc -
Corporate Information)
Division of Corporations
Page I 0[2
Florida Profit
MONTECARMELO INTERIORS, INC
~,~'---c'~~
PRINCIPAL ADDRESS
14156 SW 126 PLACE
MIAMI FL 33186
MAILING ADDRESS
14156 SW 126 PLACE
MIAMI FL 33186
Document Number
P04000113573
FEI Number
201453917
Date Filed
08/03/2004
State
FL
Status
ACTIVE
Effective Date
NONE
Last Eveut
NAME CHANGE
AMENDMENT
Event Date Filed
08/17/2005
Event Effective Date
NONE
Registered Agent
Name & Address
MENDOZA, JOSE D
]4156 SW 126 PLACE
MIAMI FL 33] 86
~~""
Officer/Director Detail
I Name & Address II Title I
MENDOZA, JOSE D G
]4156 sw 126 PLACE
MIAMI FL 33186
II
Annual Reports
II
II
http://sunbiz.org/scripts/cordet.exe?a1=DETFIL&n1 =P04000 1 I 3573&n2=NAMFWD&n... 11/14/2006
Division of Corporations
Page 2 of2
Report Year
2005
2006
II
II
II
Filed Date
04/30/2005
04/28/2006
~
, . Ret~tn to List .'1
View Events
View Name History
Document Images
Listed below are the images available for this filing.
0412&1200(j ,-ANNl,)AL RcEPQRT
08!J712Q05 --Nam~C:hang~
Q4/WI2Qo5-, AN!'LlJAkREPQIU
Q8/0J/2004 ,- {}omestic PrQfit
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://sunbiz.org/scripts/cordet.exe?al=DETFIL&n 1 =P04000 1 1 3573&n2=NAMFWD&n.. . 11114/2006
ATTACHMENT J
(Authorization for signature of Mr. Mendoza
on behalf of Integral)
,---~- ~
I. cf l,i)/c_ {/ +ld()/~J,L,. /}- certify and atlestlhat the signature on the
attached Contractor Agreement executed ~twc~n In.\egral Business & Investmcnts, Inc.
and Galit Bitton dated July 29, 2005, is >-1(1" :. I.J ",ll c?L fe' 2 ,) , who is
an authorized subcontr lor L /\ /"-'L ~-- -~ of Integral Business &
Investments, Inc, and 'as authorized to do so by me.
----.L.~-. .----
--~--
c...._ / J-
(Print)
t1f!r;5./-A"r,,/J-.
z. /1'/----
(Signature, Title)..
-------
.' .)
'. -r--