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Res No 151-12-13708RESOLUTION NO. 151-12-13708 A Resolution related to the request for requesting a variance from Section 20 -3.5 of the City's Land Development Code; requesting a variance of eight feet four inches (8.33 feet) from the required sixty (60) foot lot frontage, to construct LEED Certified affordable housing on a nonconforming lot of record in an RS -4 zoning district. 6501 SW 60th Avenue, within the City's Community Redevelopment Area. WHEREAS, the Community Redevelopment Agency donated and conveyed the title of the property to the Miami -Dade Affordable Housing Foundation to construct a new LEED Silver certified, affordable single family residence; and WHEREAS, the property is a non - conforming lot of record requiring a variance in order to construct the new single family residence; and WHEREAS, application No. PB -12 -021 was submitted to the Planning Board by applicant Miami -Dade Affordable Housing Foundation; said application requesting approval of a variance from Section 20- 3.5(E) to permit the construction of a new one - story, LEED (silver) affordable single family residence within the City's Community Redevelopment Area to allow 51.67 feet of frontage where 60 feet is required, on property located at 6501 SW 60th Avenue, South Miami, Florida, within the RS -4 zoning district; and WHEREAS, the approval of a variance requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, at its June 19, 2012 meeting the Planning Board, after public hearing, voted 6 ayes; 0 nays to recommend approval of the variances requested; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board, NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The recitals set forth in this resolution are true, that they are supported by competent substantial evidence and that they are incorporated into this resolution by reference. Section 2. That the subject application submitted by applicant Miami -Dade Affordable Housing Foundation, requesting approval of the variances from Section 20- 3.5(E) to permit the construction of a new one - story, LEED (silver) affordable single family residence on a vacant lot to allow 51.67 feet of frontage where 60 feet is required, on property located within an "RS -4" Single Residential Zoning use district, specifically located at 6501 SW 60th Avenue is hereby granted i Pg. 2 of Res. No. 151-12-13708 Section 3. If the variances are approved, then the approval of the requested variances shall include Exhibit A, Site Plan by Architect Steven Luria AIA, revised 4 -25 -2012, for proposed residence at 6501 SW 60th Avenue is incorporated herein. Section 4. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 24th, day of July , 2012. k,l 1 x k L r,icn kvA CITY AT)rORNEY MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: Me] Yea Yea Yea Yea Yea South Miami AII•Amedcacity CITY OF SOUTH MIAMI _OFFICE OF THE CITY MANAGER tf INTER - OFFICE MEMORANDUM zoos To: The Honorable Mayor and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager From: Christopher Brimo, AICP Planning Director 5 Date: July 24, 2012 SUBJECT: A Resolution related to the request for a variance from Section 20 -3.5 of the City's Land Development Code; requesting a variance of eight feet four inches (8.33 feet) from the required sixty (60) foot lot frontage, to construct LEED Certified affordable housing on a nonconforming lot of record in an RS -4 zoning district. 6501 SW 60th Avenue. SUMMARY OF REQUEST The applicant, Miami -Dade Affordable Housing Foundation is requesting a rehearing of this variance due to an error on the part of their surveyor. The applicant is requesting approval of a variance for lot frontage in order to construct a new affordable single - family residence on a vacant lot located at 6501 SW 60th Street, BACKGROUND On April 3, 2012, the City Commission reviewed and approved a variance of six (6) feet from the required sixty (60) foot lot frontage, by ap vote of 5 — 0; under attached Resolution No. 77- 12- 13634. The survey indicated a fifty (50' -0 ") foot lot frontage and a four (4') foot alley that totaled a fifty -four (54) foot lot. frontage. When the applicant submitted for a building permit following the ERPB review, it was determined there was a discrepancy between the permit survey and the approved variance. At this time, the applicant submitted a revised survey that notes forty seven feet eight inches (47.67') and a four (4') foot alley, for a revised total of fifty -one foot eight inches (51.67') of lot frontage where a sixty (60) foot lot frontage is required. Also, attached letter from the Miami -Dade Affordable Housing Foundation, dated May 14, 2012 clarifies the error on the part of the surveyor and justifies the request for a rehearing. On June 19, 2012 the applicant went before the Planning Board (PB- 12 -21), and after a public hearing and public comment, the Board made a motion to approve the request by a vote of 6 ayes, 0 nays. The subject parcel is a legal non - conforming lot of record that was owned by the City of South Miami Community Redevelopment Area that was platted prior to the establislunent of the current dimensional requirements for the RS -4 zoning district. On November 2011, the Community Redevelopment Agency donated and conveyed the title of the referenced property to the Miami -Dade Affordable Housing Foundation (Developer) to construct a new LEED Silver certified, affordable single family residence. The City's Land Development Code requires any new construction to meet the zoning standards for the particular district where it is located; in this instance, within the RS -4" Small Lot Single - Family Residential District. The applicant in a hardship letter claims that the substandard size of the property prohibits the use of the property. The applicant is proposing to build a new 3 bedroom, 2 bath, 1,570 square foot single family residence on the referenced site. The proposed development meets the other requirements of the development code. The subject site is surrounded by the following properties and zoning districts: RS -4 residential and NR zoning to the ,,north; RS -4 Residential to the south, east and west. APPLICABLE REGULATIONS (see below) • Land Development Code Section 20- 3.5(E) STAFF OBSERVATIONS Dimensional Requirements 1. The variance is necessary to relieve particular extraordinary conditions relating to_a specific property; The requested lot frontage variance is necessary to use the property. 2. Denial of the variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory or unduly ppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions; A denial of the variance would be an oppressive hardship on the owner by preventing the property from being used or built upon. 3. The extraordinary conditions and circumstances do not result from the actions of the applicant; The property was a non - conforming platted lot of record prior to being transferred to the current owner. 4. The requested . variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure; The granting of the requested variance is the smallest possible and the only ones necessary to allow for the reasonable use of the property. 5. That the approval of the variance will be consistent with the general intent and purpose of the Land Development Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The approval of the variance is consistent with the City's objective to provide affordable housing within the Community Redevelopment Area, and will allow a vacant property to be used and for the City to receive property tax and other revenues. In addition the proposed use is the type of use consistent with the RS -4 zoning district and will be 0, compatible with the abutting and surrounding properties. These objectives are consistent with the stated objectives of the adopted comprehensive plan, community redevelopment plan and land development code. The variance requested will have no impact on surrounding properties. RECOMMENDATION It is recommended that the Commission re- approve the request of the lot frontage variance, with the conditions that the structure is constructed in accordance with the agreement between the South Miami Community Redevelopment Agency and the Developer. Section 20- 3.5(EI DIMENSIONAL REQUIREMENTS SINGLE - FAMILY RESIDENTIAL DISTRICTS - ONE -STORY Min. Lot Size RS -4 Net Area (sq. ft.) 63000 Frontage (ft.) 60 Min. Yard Setbacks (ft.) Front 25 Rear 25 Side (Interior)a 7.5° Side (Street) 15 Max. Building Height Feet 25 Max. Building Coverage (%) First floor 30 Max. Impervious Coverage (%) 45 Attachments: Application Location Map Letter of Hardship /Intent LDC Section 20- 3.5(E) Warranty Deed Agreement between the Developer and the SMCRA Copy of Public Notices Survey Site Plan Specifications 3 I City ©f South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida-343143 Telephone: (3 05) 663, -6326; Fax: (305) 668 -7356 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: ol � �01 Lot(s) Block Subdivision .tVdW�(1� PB Meets & Bounds: Applicant- gE Ph Representative: Organization: Address: Phone: Property Owner: �/J�� j�l feel Signature: Mailing Address : ✓ "' /d P ne: 2 331 3Z Architect/Engineer: Phone: w AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner Owner's Representative _Contract to purchase _Option to purchase TenanYLessee APPLICATION IS. HEREBY MADE FOR THE FOLLOWING. PLEASE CHECK THE APPROPRIATE ITEM: Text Amendment-to LDC Variance _•„ Zoning Map Amendment Special Use _ PUD Approval _ Special Exception _ PUD Major Change _Other (Waiver of Plat) Briefly explain application and cite specific Code sections: Section: Subsection: Page #: Amended Date: i SUBMITTED MATERIALS PLEASE CHECK ALL THAT APPLY: Letter of intent Justifications for change _ Statement of hardship Z Proof of ownership or letter from owner Power of attorney Contract-to purchase 'Current survey (1 original sealed and signed /1 reduced copy @ 11" x 17 ") 15 copies of Site Plan and Floor Plans 1 reduced copy @ 11" x 17" 7'Y Affidavit- Receipts attesting to mail iotices sent C Mailing labels (sets) and map Required Fee(s) The undersigne has read this completed application and represents that the information and all submitted materials are true and correct to the st of the applicant's knowledge and belief. _ z 7/7 Applica 's Signature and title rin Name Date Up o receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other ap icable regulations. Applications found not in compliance will be rejected and returned to the applicant. - -- - - - - -- -- - - - - -- OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment aitaiuvx:u•ormsUPtt Application Tor Public Hearing (Revised 2009).doc RESOLUTIONNO. 77-12-13634 A Resolution related to the request for requesting a variance from Section 20 -3.5 of the City's Land Development Code; requesting a variance of six (6) feet from the required sixty (60) foot lot frontage, to construct LEED Certified affordable housing on a nonconforming lot of record in an RS -4 zoning district. 6501 SW 60th Avenue, within the City's Community Redevelopment Area. WHEREAS, the Community Redevelopment Agency donated and conveyed the title of the property to the Miami -Dade Affordable Housing Foundation to construct a new LEED Silver certified, affordable single family residence; and WHEREAS, the property is a non - conforming lot of record requiring a variance in order to construct the new single family residence; and WHEREAS, application No. PB -12 -007 was. submitted to the Planning Board by applicant Miami -Dade Affordable Housing Foundation; said application requesting approval of a variance from Section 20- 3.5(E) to permit the construction of a new one- story, LEED (silver) affordable single family residence within the. City's Community Redevelopment Area to allow 54 feet of frontage where 60 feet is required, on property located at 6501 SW 60th Avenue, South Miami, Florida, within the RS -4 zoning district; and WHEREAS, the approval of a variance requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, at its March 13, 2012 meeting the Planning Board, after public hearing, voted 6 ayes; 0 nays to recommend approval of the variances requested; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The recitals set forth in this resolution are true, that they are supported by competent substantial evidence and that they are incorporated into this resolution by reference. Section 2. That the subject application submitted by applicant Miami -Dade Affordable Housing Foundation, requesting approval of the variances from Section 20- 3.5(E) to permit the construction of a new one - story; LEED (silver) affordable single family residence on a vacant lot to allow 54 feet of frontage where 60 feet is required, on property located within an "RS4" Single Residential Zoning use district, specifically located at 6501 SW 60th Avenue is hereby granted Pg. 2 of Res. No. 77 -12 -13634 Section 3. If the variances are approved, then the approval of the requested variances shall include Exhibit A, Site Plan by Architect Steven Luria AIA, dated 12 -10 -2011, for proposed residence at 6501 SW 60th Avenue is incorporated herein. Section 4. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 3rd , day of April , 2012. TTEST: eL:.(? CITY CLERK APPROVED: MA COMMISSION VOTE: 5 -0 Mayor Stoddard:. Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea r MDAHF�I @� .. MIAMI•DADE AFFORDABLE HOUSING FOUNDATION, INC. MIAMI -DADE AFFORDABLE HOUSING FOUNDATION, INC. May 14, 2012 Christopher Brimo, AICP Planning Director Planning and Zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: Variance request for 6501 SW 601h Avenue Dear Mr. Brimo: Miami -Dade Affordable Housing Foundation, Inc. hereby requests a variance from Section 20 -3.5 of the Land Development Code in order to allow for the construction of a one -story, single - family home on property located at 6501 SW 601h Avenue, within the "RS -4" single family residential zoning use district. The variance request is to allow a 51.67' frontage where a 60' frontage is required. Properties in the plat which was recorded in 1918 are non - conforming. Although a variance from the frontage requirement was recently granted by the City of South Miami, we need to amend our request due to an error in the earlier submitted survey of the property. We had been approved for a 54' foot frontage, but the revised survey now reveals a 51.67'. Development of the property will not happen without the approval of the variance. The property was donated to the Foundation by the City of South Miami CRA to build affordable housing for low- to moderate - income families. As it is a goal of the City to provide affordable housing, we ask that this variance be approved. Thank you for your consideration. Sincerely, Opal A. Jones Executive Director A NOT -FOR- PROFIT 501(c)(3) CORPORATION 7300 NW 19 Street, Suite 502 Miami, FL 33126 Phone: 305- 471 -9750 Fax: 305 - 471 -9754 Email: mdahfi @bellsouth.net City of South Miami — Location Map PB42 -021- Variance 6501 SW 60th Avenue Z '° e' •:j�•j +r,} :!'r C!tS.y `yJfa.laii }rt r� _... t, F"""r V 'a..S! 3'.N Sf! 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Q t v... tt� ^ i $ Pr rk$ s F> r t A - -'s t`�:d,°4 ab• w, w�f v „+l � fk Y Sar •: SrrF +f ,, wa #. Yet i Er. ' r ty , 13j} .° � � .. g j• in ���e 1 � � �! r�t v13 � 4t � .F i r� r� T y. .& .w. r ,� 9k '� t-.• �F.Y i,. ` }iii :•it , }' .. _'.6 _ ' � C . fwe.« �e• .;itib..°:Nil' "tf�ri�r_r�iJtaiY This instrument was prepared by$ Thomas F. Pepe, General Counsel City of South Miami Community Redevelopment Agency 1450 Madruga Avenue, Ste 202 Coral Gables, Florida 33146 Property Appraisers Parcel Identification (Folio) Number: _ WARRANTY DEED . THIS INDENTURE, made this day of February, 2012. between City of South Miami Community Redevelopment Agency, a community redevelopment agency of the City of South Miami, a Florida municipal corporation, whose address is 6130 Sunset Drive, South Miami, Florida 33143. (hereinafter referred to as Grantor or "Agency ") and Miami -Dade Affordable Housing Foundation, Inc., a Florida non- profit corporation (hereinafter referred to as Grantee or "Developer "). WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars ($10.00); or other good . and valuable consideration in ha paid. by said Grantee to Grantor, the receipt and sufficiency of which is hereby acknowledged, has granted, :bargained and sold to said Grantee, and Grantee's heirs and:assigns forever, the following described land situated, lying and: tieing in Miami -Dade County; State of Florida; to wit: Lot 8, Block 2, of FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, Page 34, of the Public Records of Miami -Dade County, Florida; LESS beginning at the Northwest corner of said Lot 8 thence Easterly, along the North line of said Lot 8, for a distance of 2.50 feet; thence Southerly, along a line 2.50 feet East of as measured at right angles to and parallel with the West line of said Lot 8, for a distance of 0.96 feet to a point of curvature of a curve to the left having a radius of 1975.00 feet; thence Southerly, along the: arc of said curve through a central angle of 10 21' 19 ", for a distance of 46.72 feet to a point on the South line of said Lot 8; thence Westerly, along said South line, for a distance of 3.05 feet to the Southwest corner of said Lot 8; thence Northerly, along the West line of said Lot 8, for a distance of 47.67 feet to the Point of Beginning, and 4' alley lying north and adjacent. THIS CONVEYANCE IS MADE SUBJECT TO conditions, restrictions, :limitations, and casements of record, if any; but any such interests that may have been terminated are not hereby re- imposed; and subject, to applicable' zoning ordinances, taxes and assessments for the year 2011 and subsequent years. Pagel of 5 THIS CONVEYANCE IS ALSO MADE SUBJECT TO the following covenants running with the land, and setting forth the right of reentry, to wit: I. The. Developer shall commence work on the property transferred under this Deed for the development of a 3 bedroom/2 bath residential single - family dome for affordable housing purposes (hereinafter to be known as "the Improvement "). Developer covenants and agrees that the Property with the Improvement shall be sold to someone who meets the Agency guidelines and whose household has earnings at or less than 1206/o of the Average Median Income as established by United States Department of Housing and Urban Development ("HUD") for Miami -Dade County (as set forth in the attached Exhibit A or as amended by HUD) and as adjusted for the size .of the purchaser's family, for affordable housing purchasers and. wl o shall hereinafter be referred to as " SMCRA Qualified Purchaser ". At such time; the Developer shall be responsible for the review and selection of low to moderate income. applicant home: buyers in accordance with all applicable Federal, State and County and local law and with Agency final approval. However, the Developer shall prioritize applicants as follows: a. Low - income (in accordance with HUD guidelines) SMCRA residents; b. SMCRA residents whose family income is 120% of HUD guideline; or less, for median income families; c. Low - income (in accordance with HUD guidelines) City of South Miami residents; d. City of South Miami residents whose family income is 120% of HUD guideline,.or less, for median income families; e: City of South Miami Role Models, as defined: by the South Miami Community Redevelopment Agency's Role Model Program, as amended, which program is incorporated by reference into this Deed and whose income is equal to or less than .1.20% of HUD guideline for median income families; f South Miami Community Redevelopment Agency Referrals whose income is equal to or less than 120% of HUD guideline for median income families; g. City of South Miami Residents whose income is equal to or less than 120% of HUD guideline for median income families; h. Miami -Dade County Residents whose income is equal to or less than 120% of HUD guideline for median income families; and i.. General Public whose income is equal to or less than 120% of HUD guideline for median inoomet families. The Agency shall have the sole discretion to resolve any conflict in the prioritization of applicants 29 The Developer shall commence work on the Improvement and complete construction within twelve (12) months from the date of this deed or one hundred eighty (180) days from the date of issuance of a building permit from the applicable authority having jurisdiction, whichever is the shorter period of time. Page 2 of 5 3. Promptly after completion of the Improvements in accordance 'with approved plans and provisions of this instrument, the Agency, upon receipt of a Certificate of Occupancy from Miami -Dade County and the completion of all repairs and warrantee work and the expiration of the warrantee period, shall furnish the Developer with an appropriate instrument certifying to the satisfactory completion of the improvement. Such certification shall be in a form recordable in the Office of the Clerk of the Circuit Court of Miami -Dade County, Florida. 4. The Developer agrees for itself, its successors and assigns, to or of the property or any part thereof, that the Developer and such successors and assigns shall not discriminate upon the basis of race, color, religion, sex or national origin in the sale or in the use or occupancy of the property or any Improvements erected or to be erected thereon or on any part thereof; and this covenant shall be binding to the fullest extent permitted by law and equity, for the benefit and in,favor of, and enforceable by the Agency,, its successors and assigns, and any successor in interest to the property,.or any part thereof. The Agency shall have the right in the event of any breach of any such covenants, to exercise all the rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of covenant, to which. it or any other beneficiaries of such covenant may be entitled. 5. The Developer (or successor in interest), shall pay the real estate taxes or assessments on the property or any part thereof when due. DEVELOPER shall not allow any levy or attachment to be made; or any :lien or any unauthorized encumbrance to be recorded that is not transferred to a bond within thirty (30) days of the levy, attachment or its recording in the public record other than for the following.. a. Any mortgage(s) in favor or any institutional tender for. the: purpose of financing any hard costs or soft costs relating to the construction of the. Improvements in an amount(s) not to exceed the value of the Improvements as determined by an appraiser; and b, Any mortgage(s) in favor of any institutional lender refinancing any mortgage of the character described in clause (a) hereof, _in an amount(s) not to exceed the value of the Improvements as determined by an appraiser; and c. The recordation;, together with any mortgage put porting to meet the. requirements of clauses (a) or (b) above, of a statement of value by a Member of American Institute of Real Estate Appraisers ( "MAI "), (or member of any similar or successor organization), stating the value of the Improvements is equal to or greater than the-.amount of such mortgage(s), shall constitute conclusive evidence that such mortgage meets such requirements, find that the right of any reentry hereunder shall be subject to and limited by, and shall not defeat, render invalid, or limit in anyway; the lien of such mortgage. For purposes of this paragraph an "institutional lender" shall mean any bank, savings and loan association, insurance company, foundation ;or other charitable entity, real estate or mortgage investment trust, pension funds, the Federal National Mortgage Association, agency of the. United States Government or other governmental agency. d. All qualified mortgages as defined above in subparagraphs a., b., and ca shall be subro.gated to the right of the Agency, at its sole and exclusive discretion, to assume the mortgage without penalty and the mortgage shall not become due or payable solely by reason of the transfer ofthe property to the Agency in accordance with the terms and conditions of this .deed. All mortgages issued by the DEVELOPER as mortgagor shall provide that the AGENCY shall be given notice of any event of default under the terms of the mortgage or mortgage note within 20 days of such event. In addition, the mortgage shall Page 3 of 5 provide that any re- conveyance of the .title. to the AGENCY shall not trigger disadvantage to the AGENCY. e. Liens that are timely transferred to a bond within 30 days from the date that the lien is recorded. 69 Developer shall not change the ownership or distribution of the stock of the Developer or change the parties in control of the Developer or the degree thereof while the property is titled in its name without the prior written consent of the. Agency, in its sole discretion: 7. The Developer shall not :transfer the property or any part thereof prior to the completion of the improvements, consisting of an affordable single- family home, and issuance of a Certificate. of Completion and/or Occupancy for the homes by the applicable authority having :such jurisdiction: In addition, the deed from the Developer to. a SMCRA Qualified Purchaser shall contain a deed restriction requiring that the property is being purchased by a SMCRA y Qualified Purchaser, and any ;sale of the property over the next 15 years shall require sale to a subsequent purchaser who also qualif es as a 'SMCRA Qualified Purchaser in accordance with the guidelines set forth above in paragraph 1, but using the most current HUD affordable housing income guidelines. 8. In the event the Developer shall violate or otherwise fail to comply with any of the covenants set .forth herein,. the Developer. shall correct or cure the defaultiviolation within thirty (30) days of receipt of notification of tlie, default. sent to .it. by the Agency. Notification may be sent by United States. mail to 730 NW 10 S.treet.4502, Miami PI 33126, email to anne.marining @earthlink.net, or facsimile. transm ssionto -305 -471 - :9750 or courier: If Developer fails to remedy the default within thirty (3.0).days of`receipt of:the.notification, the Agency shall have the right to reenter and aako possession. of the property and to terminate (and re =vest title in the Agency) the estate conveyed by this Deed to: the Developer, provided, that any such rightto reentry shall always be subjeeted to and limited by, and shall not defeat, render invalid, or limit in any way the lien of any valid mortgage_ or Deed or Trust permitted by this Deed. In the event the Developer fails to construct a residence: and obtain the required Certificate of Occupancy or Certificate of Completion within the time required by this deed, the Grantor shall have the right, but not the obligation, to cause Developer tore= convey the Property to the Grantor, subject to :any encumbrances against the. Property filed by a third -partyy that has provided financing in connection with the development of the Property, for an amount equal to the tax assessed value: of the property. The deed re- conveying the Property shall only include the same title exceptions contained in the title policy issued to the Developer upon the initial conveyance of the Property to the Developer. In case of the failure of Developer to perform any of the covenants in this deed, at the option of the Grantor, this Agreement shall be: forfeited and terminated, and Developer shall forfeit any and all claims to the Property and title to the property shall automatically revert back to AGENCY. In the: event of the reversion of the title, Developer shall have no right or claim for reimbursement for any expenditure incurred for the improvements made to the Property. All improvements made on the property shall be retained by the Grantor in full satisfaction and liquidation of all damages sustained by the Grantor, and the. Grantor shall have the right to reenter and take possession. of the premises and seek such self - help remedies as shall place the Grantor in exclusive possession of the premises. If, at the option of AGENCY, the AGENCY request that the Developer re- convey the Property and if, for any Page 4 of 5 reason, the. Developer fails, neglects or refuses to re- convey the Property, the Grantor may seek specific performance to obtain the re- conveyance of the Property without waiving its right to automatic reversion of title of the property to AGENCY by way of the reverter .provision set forth hereinabove. All of the provision and covenants contained in this deed shall survive the closing and transfer of title to Developer. 94 Upon transfer by warranty deed to the Developer, Developer agrees that any sale of the property shall'be to an affordable housing purchaser as. defined in paragraph 1 above and the purchasers shall be obligated to comply with the Agency deed restriction requiring the property to be purchased by a qualified affordable housing purchaser as previously defined, :and any sale of the property over the next 15 years shall require sale to a subsequent qualified affordable housing. purchaser as previously defined in paragraph 7 above. Grantor does hereby fully warrant the title to said land., and will defend the same against the lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF,. Grantor has hereunto set its hand and seal the day and year first above written. ` Grantor W' City of South Miami etness. Mari M41AAnrrQ s "` Community 1cltSlji Agency STATE OF FLORIDA ) SS COUNTY,OF MIAMI -DADS ). By: WN I HEREBY :CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared, Philip K Stoddard, the person described in and who executed the foregoing Warranty Deed between City of South Miami Community Redevelopment Agency and Miami -Dade Affordable Housing Foundation, Inc., acknowledged before me that he. executed the same, and who presented as identification the following: and he did take an oath (or affirmed). ; WITNESS my an and official seat in the County and State last aforesaid this day of February, 2012. l: WKEt�CA A. PAYNE otary Piibl' rnv coMrnissbt� # FE1333D4 'rntedt >; EXPIRES October 05, 2015 Page 5 of 5 .. T. . �1��t� MN'Z` s;tifAdV this � day of November, 2011, between the South Maatzzz GQ'i�nxxitrtl ty iZ evdto inent Agency ( "AGENCY ") and Miami, bade Affofd ;xh4l ( "DEVELOP:ER. "). StEASa thQ i� A Glt✓ ttnd thDEVELOPER desire for the C7 °VhLC �jtc s�btain all idWlS ��ttdtloi�•Piinaincing; to design and build the homes to ra 1. necessary to Complete constmetion of times to S1vf CRA qualified buyers; and WHEREAS,. AGENCY qualified potential buyers will be selected in accordance with applicable Federal;: State, County and local Iaws and guidelines, and ��7x�bif„�,;�a'i��� tt�"�(�t�z'ed thepl'eperties For;the�put ?�'o�e q�px��t�C�n� �il'l�o��dable Iioisirtgartd c�ru�npt te.bxgi� tivithin theeT"�bbtnslt;;;ai. c2.:.. . .. WHEREAS., AGENCY has elected to enter into this Agxeenlent with the DEVELOPER to provide affordable housing to AGENCY residents;. and ata "�'UiRAS, the IEVEf:QI'slthas;ogreed to construct the affordable home 11th a not to exceed Two Hundred Five Tiiotisand l :o 05;00a 06") or cast plus; five percent (5 %), whichever is the Page I of 14 Agency `DEVELOPER WBEREAS, the DEVELOPER: agrees. to perform the covenants set forth in ` the Warranty Deed, the form of which is attached hereto as Exhibit A. The D. . WE LQS'ER.:a.nd any. af`ford.hbib ito Mbg purchaser shall be obligated to comply r? ik i an Cr I�CCY dd d restr 0110 r.ec eking that the property shall be purchased by someot�e::whose }�oUselr0`ld hris,eart ug aiior less than 110% of the Average Median It cotne::as:estalil_ished iy United i i teSDeparttner►t ol'Iiousing.and Urban Development ( "flUD ") for Miaini -Dade County (as set forth in to F or as amended by HUD) and as adjusted for the size of the purchaser's family, for affordable housing purchasers and who shall hereinafter be referred to as "SMCRA Qualified purchaser ". In addition, the DEVELOPER agrees that any sale or resale of the property over the next 15 yearn shall require sale to a subsequent SMCRA Qualified Purchaser whose household has earning at or less than 120% of the Avetago ll? es at Tq4bib -6 %q established by HUD for Miami "Dade Coonty`based on thc`thet� exiisiit g'` lta,w ne guideline, or, if none exists at that time, then as set , an shall herenaabe re xd to " suet folt h Skij t d ieqn SI LRA Qtt�tl fi I P t�clxaser ". ) iowevei# llarYlYi`thelzotne bn ol?s►1gO byt$$ h- sequeni Qualified kitj c6 (user for 15 consectitXVe eatsa, f ire gi�€�J "led t�rtt lite housing pit ►c�haset'sltall..4ut6matically be Weased from this. restriction. .+ lt' {341k fn csnadeTatonf tl covenants, mutual promises .... and iioxtsi.t►tiort a'rIt3.OQ :o�'h` g4?�;,alid va'. table. consideration which are to be paid t} deaf stm `es ' `o -tie -M EM -6;4 eipE `tid;su#`itoiency of which are hereby A&h. -W ged> die p�x.ties g e a5 ' lgv+rs;; s: Sect_ ion I. Recitals,,Whereas Clauses. The parties acknowledge And agree ; that the recitals contained within the "whereas clauses ", as set forth above, are true and correct and that they are heteb tliporpoted by reference into Ng- Agreement oThe following list of documedOA -ai #` ci m- phs:e the Agreement between the parties :and shall, constitute, collectivy,,,tfa "Qtataet_ Documents ": This Agreement, Warranty Deed in the form as found in Exhibit A. Performance and Payment Bond in the for form as found in Exlz bit B; Legal description of the parcel founts in Exhibit C; Project drawings, plans, specifications and schematics described in Exliibit )D"Z, D -2 and D"3 as may be amended in conformity to this Agreement; Insurance requirements found in Exhibit E; United States 14UD (hereinafter referred to as " %t UD ") Affordable Income Guidelines as .found in exhibit F. Page 2 of 14 (1 Agency DEVELOPER Section 2. 'Title and Re� conveyance: The AGENCY agrees to provide the DEVELOPER with title to speeific land identified in the attached Exhibit C, provided DEVELOPER constructs and provides a single family home for a qualified affordable housing recipient for each of the properties listed in Exhibit C. The Agency agrees that the lots shall be vacant of all structures at the time of conveyance to the DEVELOPER. The AGENCY shall trans&r title of the lots to the DEVELOPER by warranty deed in the form as found in Exhibit A. In the event that there is a defect or cloud (hereinafter referred to as a defect) on the Agency's title to .any of the properties, the Agency shall have 90 days (hereiha#fei• referred to as the "Cure Period ") to cure the defect, In such event, the Developer's time for developing the property in question shall be extended by the number of days between the date of this Agreement:and the date. that the DEVLEOPER is notified.: that the defect has been cured. If the Agency fails to cure the defect within the Cure Period, then this Agreement shall thereby automatically be amended to delete tl;e property with the: defective title from the list of properties found on Exhibit C. Upon the failure of DEVELOPER to build a fully completed home, for which a Cettiflcate of Occupancy has been issued; on each lot within the scheduled tffn% asset forth in this Agreement, or as amended by the AGENCY in writing, the AGENCY shall have the right to cause DEVELOPER to re- convey the_ lot in question with and including any improvements thereon, and the. warranty deed shall provide. for such 'condltaoii; 1p.on -sued re"canveyance, whether volurtarity or involuntarily, the re- conveyance shall constitute the DixVELOPEWs agreenctent to a change of contractor and assignment of any and all perml ts,. that the DEVELOPER has obtained, to a successor contractor. chosen by the Agency for the completion of the project, and to: hold harmless Miami -Dade County and the City of South Miami for any damage suffered by the DEVELOPER as a: result thereof. Section 3. Project Scope. The DEVELOPER shall provide: construction services to accomplish the completion of construction and improvements of the residential homes to be located on: the Properties in accordance with the approved building. plans and in accordance with; the floor plan, front elevations and speci ication3 set forth in Exhibit D -1, D�2 and D>3,. or as may be amended, includiing a finished grade and landscaping comprised of topsoil and grass covering exposed ground and at least two (2) trees the type and placement of which are to be decided by the Agency. The. plans.and specifications, including landscaping plans, must be approved by the:AGENCY, the City of South Knini's 1?lanning and Zoning Department and its Building De'artment, as well as'by the Miami -Dade County Building and Zoning Departments: before construction can commence. The DEVELOPER shall not be required to construct a home on the smallest of the six proposed lots and said lot shall not be conveyed to the DEVELOPER finless the AGENCY pays for the cost of redesigning the home for this lot, from a three (3) Page 3 of 1`4 Agency DEVELOPER 'I 'i � ; bedroom, two (2) bath to a two (2) bedroom, one: and one half (1 -1/2) bath. The `. Improvements shall be constructed in accordance with plans and specifications (attached as Exhibit D -1, D "2 and D -3), and as may be amended: The Development Plan, as well as the plans and specifications, must be, approved in writing by the AGENCY before the warranty deeds are executed and recorded. In the event that the: Development Plan, or any of the building plans and:specifications, is not approved by the AGENCY in its sole and absolute discretion, then the AGENCY, at its option; inay termit)ate this Contract without incurring any liability to the DEVELOPER. Sec #ion 4. Sale of Homes. The AGENCY shall convey the parcels identified in Exhibit C provided DEVELOPER covenants to Inunediately sell the home, upon completion of construction, to a SMCRA Qualified Purchaser. Section 5. Term, The construction of the residential home on each lot dull. be completed within twelve (12) months from the date of this Agreement or within twelve (12) months of the date of-the delivery of the deed for the lot in question, whichever is` the greater amount of time, or orie hundred eighty (186) days from the date of issuance of a Building peribit for said lot from the applicable authority having jurisdiction, whit) ,aen(cit�Zrtt��e�telS+e }Smonths or the one hundred eighty (190) d .s7 is t1i4.ihzb or,p'dl%o " l t i Tom%, port the expiration of this schedule, any land conveyed to,$;�kr``whl,ith the D SIELOPER has not constructed a single- family home in compliance with this Agreement shall be r turned and re conveyed to the AGENCY so as to be tirade available for another, AGENCY affordable housing project. DEVELOPER agrees: to use its best effoxts to complete the Project within the schedule. In the event the Project is riot completed within this time frame, and the.schedttle is not extended by the AGENCY, this Agreement shall - terminate without any liability to the AGENCY. In such event; the DEVELOPER shall re- convey all of the property upon which a frilly completed home that has been issued a Certificate of Occupancy does not exist. Additionally, the AGENCY may seek enforcement of the Performance Bond, which i`s attached as Exhibit l3. Seet� ion 6. Coinglianee with Blinding Codes. The Project shall be performed in accordance with the applicable codes; ordinances and statutes of the State of Florida, the City of South Miami and Miami -Dade: County. -- Section 7, ALwF dtnent"s. Any ainendrTients, alterations, or variations to this Agreement will only be valid when they have been reduced to writing and duly sigtied by the parties. Page 4 of 14 RT Agency DEVELOPER Section & Limitation of Liability. The. AGENCY desires to enter into this Agreement only if in so doing the AGENCY can place a limit. on the AGENCY's liability for any cause of action arising out of this Agreement, so that its liability never exceeds its maximum potential monetary contribution of the current tax assessor's valuation of the property. The DEVELOPER expresses its willingness to enter into this Agreement with recovery from the AGENCY for any action arising out of this Agreement to be limited to the value of the property provided by the AGENCY, andlor the return of the property in substantially the same condition as provided to DEVELOPER.. Accordingly, the DEVELOPER agrees that -the AGENCY shall not be liable for any claim or damage in connection with the Project >: in excess of the AGENC'Y's maximum potential monetary contribution as provided under this Agreement, for any action or claim arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a Waiver of the limitation placed; on: the Ageney's. liability as set forth in Chapter 76$, Florida Statutes.. Additionally, the Agency does not waive sovereign immunity, and no claim or award against the City shall include attor'ney's fees, investigative costs or prejudgment interest, Section 9. Continued. Compliance. After any payment, if any, is made by the Agency and applied. according; to the requirements set forth in this Agreement, . . ,,. ._...,..._ the Agency sliall�e autornatrcai�y ic�flssco i i Z.. rlrom.any aniFill obli;gafrons, lia6rltties and commitments to DEVELOPER or any third person or entity provided, however, that this Section shall not excuse the continued compliance by DEVELOPER with the terms of this Agreenierit and the program requirement& SeetionlO Right to Reenter and Take Possession of the Property.: The AGENCY has .the right, at its election to take possession of the - Property with all improvements thereon and terminate the Agreement if the DEVELOPER: (i) Fails to start construction within thirty (30) day following the issuance of construction permits. (ii) Abandons or substantially suspends construction for a period of more than 30 days°. A delay caused by force majeure. or by a subcontractor or supplier shall not be included in the: calculation. of the 30 day pe��iod, provided the delay of the subcontractor or supplier is not due,: in anyway, to the fault or negligence' of the `DEVELOPER. r (iii} Fails to cure a violation of the Agreement within 30. days after receipt of notice to cure o►• notice of default sent to it by the AGENCY. Page 5 of 1 -4 Agency DEVELOPER F I (iv) Fails to apply for building permits for each tot conveyed,. from all applicable agencies, within 30 days after the effective date of this Agreement or tiv'thin 30 days of the date of the delivery of the deed for said tot, whichever is the greater amount of time. (v) Fails to complete construction of each lot within twelve (12) . months of this Agreement or within twelve (12) months of the date of the delivery of the deed for said lot, whichever is the greater amount of time or one' hundred eighty (180) days after receipt of the con"stivotion permits for the applicable lot. eetion..X . ,Ris of Loss. Risk of loss by fire or other casualty shall be the DEVELOPER's and the DEVELOPER agrees to maintaixt adequate insurance for a sum not less than the full replacement value of the homes to bey constructed. The DEVELOPER shall not.commence work under this Agreement until it has obtained and submitted proof of all insurance required by the AGENCY, including the insurance requirements set forth ixr Bxhi'bit E. Section 12., Independent'Contractoi. The DEVELOPER, its employees and agents shall be deemed independent contractors and riot agents or emoloyees of AQFNC C; and slihll not atkain. any rights or benefits generally afforded AGENCY employees. Section 13, Re- conveyance Covenant. The AGENCY may terminate this Agreement and seek re-conveyance of the Property to such extent as may be necessary to protect itself from loss on account of matters Including but not limited to the following. (i) Claims of Tien against the Property or the DEVELOPER regarding the Pr *cot provided such liens are not. bonded off as allowed by law within thirty (30) days of its recording. (ii) Failure of the DEVELOPER to make timely payment(s) to subcontractors or suppliers for materials or labor regarding the Project unless the DEVELOPER has reasonable grounds to withhold payment. ""(iii} Reason Ne'evidenca that any portion of ih"'Project cannot 'be completed for the unpaid balance of the construction: load. (IV) Failure to carry out any portion of the Project: in accordance with the Contract Documents. Page t of 14 Agency DEVELOPER (v) Failure by DEVELOPER to start construction: within six (6) months from the (late of this Agreement or to complete the homes within one hundred eighty (180) days from the date of issuance of'a building permit from the applicable authority having jurisdiction,, whichever is the shorter period of tune.. Section id. :Venue, Law and Attorney's fees. Xn the event of a termination by the AGENCY, the AGENCY shall additionally be entitled to bring any and all legal and /or equitable actions in Mia).-ni -Dade County, .Florida, in order to enforce the AGENCY's right and remedies against the DEVELOPER. The AGENCY shall be entitled to recover all costs of such actions including a reasonable attorney's fee, at trial and appellate levels, to the extent allowed bylaw. In the event any suit or legal proceeding is brought for the enforcement of at y provision of this Agreement„ the parties agree that the prevailing party or parties shall be entitled io recover from. the other party or parties after entry of final judgment, pre ;judgment and .post - judgment attorneys' fees,. including attorneys' fees for any appeal, and costs incurred in bringing the suit or proceeding. Anyvaction arising out of this Agreement shall be brought in Miami "Dade County,. Florida, and shall be subject to Florida law. Seetr+ ion 1.5, i8est Efforts on Construction Timetable. DEVELOPER: agrees to use tts best efforts to coinpl:ete the construction on each of the tots being conveyed within twelve (12) months from the date of this Agreement or within twelve (12) months of the date of the delivery of the deed for the lot in question; whichever is the greater amount of diiriee; or one hundred eighty (1:80) days from the .date of issuance of a building permit for said: lot from the applicable` authority having jurisdiction, whichever (either the twelve (12) months or the one hundred eighty (180). days) is the shorter period of tune. In the event the Project is not completed tivl:thin this time frame, and this eonstruction.schedule is °not extended in writing by AGENCY, this Agreement shall terminate and title and possession of the property shall be returned,: by DEVELOPER, to AGENCY. Section 16. Representations.and.Coyenants, DEVELOPER hereby represents and warrants to the AGENCY .the following. (i) DEVELOPER. is a corporation duly organized, validly existing and in good standing under the laws °bf the 'State of Florida. There are no proceedings or actions pending, threatened or contemplated against the DEVELOPER including but not limited to any action for the liquidation, termination or dissolution of .. DEVELOPERS Page 7 of 14 Agency DEVELOPER J (ii) DEVELOPER shall apply for construction permits within 30 days from the effective date of this Agreement or within 30 days of the date of the delivery of the deed for said lot, whichever is the greater amount of time. (iii) DEVELOPER covenants and agrees that it shall cause the Property to be developed in accordance with the building plans that are to comply with the City's Code and are to be approved by the South Miami Planning and Zoning Department, its Building Department and the. Miami -Dade County Building and Zoning Department and any other agency having jurlsd:icti.ora over the approval of building plans and the development of property. (iv) DEVELOP E.R shall complete construction of the home on each of the lots within twelve (12) months from the date of this Agreement or within twelve (I2) months of the date of the: delivery of the deed for the lot in question, whichever is the greater amount of time, or one hundred eighty (180) days fromithe date of issuance of building permit for said lot fioin the. applicable authority having jurisdiction, whichever (either the twelve (12) months or the one hundred eighty (1.80) days) is the shorter period of time, (v) DEVELOPER covenants and agrees that the Property shall be sold to SMCRA :Qualified Purchaser. (vi) Upon transfer of the warranty deed to DEVELOPER, DEVELOPER agrees that any.sale of the property by DEVELOPER shall be to a qualified. affordable housing purchaser, and the purchasers shall be obligated to comply with :the AGENCY's deed restriction requiring the property to be purchased I. by a SMCRA Qualified Purchaser, and that over the following fifteen (15) years, any resale of the property shall require sale to a Subsequent SMCRA Qualified Purchaser. This provision shall survive termination of the Agreement. (vii), Waazan :. The Developer shall repair or replace all work performed and.materials and equipment furnished that were not performed in a workmanlike fashion or not furnished in accordance with the terns of the Contract and Contract Documents, and shalt snake good all patent defects thereof that have become apparent before the expiration of one (1). year from the date of the issuance _of the Certificate of Occupancy. Nothing contained in this Agreement shall limit the' Agency from enforcing the warranty for latent defects discovered more than. one (I) year following the issuance of the Certificate of Occupancy. If any part of the project, in the judgment of fhe AGENCY, for the reasons above stated needs to be replaced., repaired or made good during that tithe, the AGENCY shall so notify the Developer in writing. If the Developer refuses or neglects to commence such work Page 8 of 14 Agency ( DEVELOPER A tivithin five (5) days from the date of receipt of such Notice or once timely commenced.; falls to continue to diligently perform the repair work, the AGENCY shall have the work done by others and the cost thereof shall be paid by the DEVELOPER or its Surety. Section 17. Termination. without Cause. The AGENCY is conveying the. Property to DEVELOPER as part of the AGENCY's. program to produce residential property within the City of South Miami Community Redevelopment Agency boundaries. As. part.of the consideration for transfer of the Property, DEVELOPER has agreed to build an affordable. house, as previously defined,; on each of the lots being conveyed and to obtain a certificate of occupancy within twelve. (l2) months fro=: the date of this Agreement or within twelve (12) months of t date of the delivery of the deed for the lot in question, whichever is the greater amount, of time,; or one hundred eighty (1$0) days fioin: the date of issuance of a building permit for said lot from the applicable authority having jurisdiction, whichever (either the twelve.: (12) months or the one hundred eighty (t 30) days) is the shorten period or ti =e. The DEVELOPER may be granted one extension of time,. for no more than four (4) month, to coinple.te construction upon delivery of a written request to the AGEN•CY4Director before the time for completion has expired. The request will not be unreasonably, denied by the AGENCY, In the event'the DEVELOPER: fails to construct a. resilience and obtain the: required Certificate of Occupancy w. ithin' the time required by this Agreement, the AGENCY shall have the: right,. but not the obligation, to cause DEVELOPER to re- convey the Property to the AGENCiI, . subject to. any encumbrances against the Property filed by -a third -party that has provided financing in connection with the development of the Property. The DEVELOPER shall re- convey the property and provide the: AGENCY with a marketable title to the Property. The marketable title shall not contain any exceptions other than those exceptions contained in the title policy issued to the: 'MV ELOPER at the ti=c of initial conveyance of 'the Property.. In case of the failure of DEVE1,OP8R.to perform any of the covenants in this Agreement, at the' option of the AGENCY; this Agreement shall be forfeited and terminated, and DEVELOPER shall forfeit any and all c, !mans to the Property and the title to the property shall revert back to the AGENCY. DEVELOPER shall have no might or claim for iseirnbursement for any expenditure incurred for the improvements made to 'the Property. All improvenients made under this Agreement shall be retained by the AGENCY in full satisfaction and liquidation of all. damages: sustained by,the AGENCY, and the AGENCY shall have the right to reenter and take possession of the premises,and seek such self =help remedies as shall place the AGENCY in exctusive possession of the premises to enforce the reverter clause provided for in this Agreement and warranty deed. If for any reason DEVELOPER fails, neglects or refuses to re- convey the Property, the AGENCY may seek specific performance Page 9 of la e4 Agency DEVELOPER. to obtain the re- conveyance of the Property without waiving its right to immediate and automatic reversion of the title. to the AGENCY. Tfus provision shall survive the closing and transfer of title to DEVELOPER. Section 18. Force Mateure. Neither patty shall hold the other:t`esponsible for damages or for delays m performance caused by force majeure, acts of God; or other acts or circumsttances beyond the control of a party or that could not'have been reasonably foreseen, prevented or avoided. Eor this purpose, such acts. or circumstances shall include, but not be litnite.d to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties shall use their best efforts to overcome the difficultles and to resume the work as soon as reasonably possible. Section 19', Independent Contractor. DEVELOPM its employees and agents shall be deemed independent contractoPs and riot agents or employees of AGENCY, and shall not attain any rights or benefits generally afforded AGENCY employees. Section 204 Notices. All notices, demands; correspondence and communications between the AGENCY and DEVELOPER.sliall be deemed suff'iczently given under the terms of :this Agreement if sent by facsimile tra„nsmi.ssion, e- nlai.l -, or dispatched byxregistered or certified mall, postage prepaid; return receipt requested, and addressed as follows, If to the AGENCY: Director, Stephen David South Miami Community Redevelopment Agency 6130 Sunset Drive Miami, Florida 33143 Fax: 30.5- 6684356 E-mail: SDayid@southmiamifl.gov southmiamifl.gov If to DEVELOPER, Anne E. Maiming 7300. NW 191" Street, JI502 Miami Fl 33126 Fax; 305 -471- 9750 )"snail: anne;manning @earthlink.net Section 21. Purchasers. It is agreed that all qualified buyers shall be require sign a mortgage and note satisfactory to AGENCY and enforceable by the AGENCY, which shall require that the re -sale of the property with the constructed Page 10 of 14 Agency DEVELOPER ,: `1 home listed on Exhibit C is restricted and all .deeds to the qualified buyer shall contain the restrlctive covenants concerning re -sale provided in the DEVELOPER's deed and in accordance with the restriction provided in this Agreement for said deeds. The deed shall provide that any new purchaser shall satisfy the standards for ownership or occupancy.adopted by the AGENCY, which:shall ensure that subsequent purchasers meet the requirements of a "Subsequent SMCRA Qualified Purchaser ", as previously defined. Section 22. Records and Costs. The DEVELOPER agrees to maintain books, records,. documents and other evidence pertaining to all costs and expenses incurred and revenues acgirired under this Agreement to the extent and in such devil as required by the AGENCY. The books and accounts, files and other records of the DEVELOPER, which are applicable .to this Agreement, shall be available for inspection, review and audit by the AGENCY and its representatives, at all reasonable time, to determine. the proper• application and use of all finds paid by, to or for the account or the benefit of the DEVELOPER. The cost of construction, for the purpose of determining the sales price shalt not exceed the following percentage of the .total costs to build the homes: all preconstruction costs shall not exceed three percent (3°f%); all costs I generally associated with general conditions shall not exceed five percent (5 %); all .contingency costs shall rot exceed three percent (3 %); and all other costs, including trades, subcontractors, bond and insurance costs shall not exceed eighty trine percent (89 %) ofEhe total cost of construction. Section 23, indemnification. DEVELOPER shall indemnify, defend, save and hold harmless the AGENCY, Its officers, agents and employees, from or on account of all claims,. damages, losses; l iabili. tos and expa ses, .direst, indirect or consequential' including, but not limited to, fees and charges of purchasers, engineers, architects, attorneys, conSultanM and other professionals and court costs arising out of or in consequence of the performance of this Agreement at all trial and Appellate- levels. Indemnification shall sped.. ic.ally include, but not limited to, claims, damages; losses, liabilities and expenses arising out of or fiotrz: (a) the negligent or defective design of the Pt..oject and Work of the DEVELOPER; {b) any negligent act or omission of the DEVELOPER, itsmbeontraetors, agents servants or employees; (c) any damages, lia.bil ies, or losses received or sustained by any person or persons .during or on account of any negligent operations by DEVELOPER connected with the construction of this Project;. (d) the use of any improper materials; (e) any construction defect including .both patent and latent defects; (f) failure to timely complete the work; (g) the violation of any federal, state, or county or city laws, ordinances at regulations by DEVELOPER, its sxybcoratractoi*s,. agents,. servants ,.indepcndentbcontractors or•em. ployees; -(h) the'- - breach or alleged breach by DEVELOPER of any term of this Agreement. Page. I I of lst Agency I 6T DEVELtPER s '1 Section 2d. Assignment. Neither party shall assign its interest in this Agreement without express written consent of the other party. Any violation of this provision shall constitute a default, of the D7VtLOMM's obligations under the terms of the Agreement. Seefiioti.25., 'faxes, Mortgage and Obli atg_ ions. The DEVFLOPFR (or successor itz interest), shall pay the real estate taxes . or assessments on the property or any part thereof when due. D8VELOPER shalt: not suffer any levy or attachment to be made, or any lien, or any unauthorized encumbrance that is not transferred to a: .bond:within thirty (30) days of the recording with. the exception: of the following: (1) Any mortgage(s) in favor or any Institutional tender for the purpose of financing any hard costs or'soft' "costs relating to the construction of the Improvements in an amount(s) not to exceed the value of the Improvements as determined'by an appraiser; and (ii) Any tnortgage(s) in favor of apy institutional tender refinancing any mortgage of the character described in clause (a) hereof, in an amount(s) not to exceed the value of the Improvements as determined by an appraiser; X2 and (iii) The. recordation, together with any mortgage purporting to meet the requirements of clauses (a) or (b) above, of a statement of value by a Member of American Institute of Reat Estate Appraisers ("MAl" ), (or member of any .similar or successor organization), stating the value of the Improvements is equal to or greater than the amount of such mortgage(s) shall constitute conclusive evidence that such mortgage meets such. regitiremeiits, And that the right of any reentry hereunder shall be subject to and limited :by, and shall not defeat; render invalid, or limit in any way, the lien ofsuch mortgage. For purposes of thisparagraph an "institutional lender" shalt mean any bank, savings and loan association, insurance company, f6undati.on or other Charitable entity, real estate & mortgage investment: trust, pension funds, the Federal National .Mortgage Association, agency of the United States Government or other governmental agency. (iv) All qualified mortgages as defined above in subparagraphs (i), (ii), and (iii) shall be.subrogated to the right of the Agency, at its sole, absolute and exclusive discretion, to assume the mortgage without penalty and the mortgage snail not h�oo�xte dtte czr.payabie solely by.reason_o.f.tlte..transfer cif ,,.�;:., .. ...ti .r..aw. ...r the property to the Agency in accordance with the terms and conditions of this Page 12 or 14 Agency 47 DEVELOPER deed. All mortgages issued by the DEVELOPER as mortgagor shall provide that the AGE NCY shall be given notice of.any event of default under the terms of the mortgage or mortgage note.. within 20 days of such event. In addition, the mortgage shall provide that any re- conveyance of the title to. the AGENCY shall not trigger any disadvantage to the AGENCY. Section 26. Severab lity. If any provision or provisions of this Agreement shall to any extent be invalid oi• unenforceable, the remainder of this Agreement shall not be affected thereby and the remaining provisions shall be valid and enforceable to the fullest extent. Section 27. Miscellaneous Provision. In the event a court must interpret any word or provision of this Agreement, the word or provision shall not be construed against either party by reason of their involvement in the drafting or negotiating of this Agreement., Section 'on 28. Inspection. A09NCY may make or cause to be made reasonable entries upon.and inspections of the Property, Section 29. Nondiscrimination, The. DEVELOPER agrees for itself, its successors and assigns, to or of the property or any part thereof, that the DEVELOPER and such successors or assigns shall' not discriminate upon the basis of race, color, religion, sex or national origin in the sale; lsase old rental or in the use or occupancy of the property oxf any Improvements erected or to be erected hereon or .on any part thereof; and this covenant: shall be binding to the fullest extent permitted .by law and ecl.uity, for the benefit and in favor of, and enforceable by the AGENCY, its successors find assigns, and any successor in interest to the property, or any part thereof. The AGENCY shall have the right. In the. event of any breach of any such covenants, to exercise all the rights and remedies and to maintain any actions or suits at law or i.n equity or other proper proceedings to enforce the curing of such breach of covenant, to which it or any othenbeneficiaries of such covenant may be entitled. Section 30. Authorized Agent. The AGENCY and the DEVELOPER shall each designate one person who shall be their authorized representative with respect to this Agreement. The representative of the AGENCY shall be the AGENCY Director; the representative of the DEVELOPER shall be provided at the time of the joint execution of this Agreement. Section 31. Waiver. The passing, approval and /or acceptaitce of any part of the work oi• material by the AGENCY, its Architect or Engineer, if any, or by any- Page 13 of 14 Agency 4 DEVELOPER AGENCY's right to demand strict compliance with the terms and conditions of this Contract. No act or omission or verbal representation or statement shall be treated as an expressed or i►nplied waiver and all waivers shall be in writing signed by the party who is alleged to have waived any of the terms and/or conditions: of the Contract or Contract Documents. This Agreement contains the entire Agreement of the patties and no modification or amendment of any terms or provisions of this Agreement shall be valid. or binding unless it complies with this paragraph. This Agreement in general and this paragivaph in particular., shall not be. modified, amended or waived except in writing signed by both parties. The waiver of any breach or dcfaultof any of the terms of this Agreement shall not aci as a waiver of any subsequent breach or defauit. This Agreement shall be binding upon the heirs, ,guardians, personal representatives and assigns of both, of the parties. Section 32. Waiver of July Trial. AGENCY and DEVEOPER knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or 'Federal Court proceedings in respect to any action, proceeding, fawsult or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. IN WITNESS WHEREOF, the AGENCY and DEVELOPER have caused this Agreement to take effect on the day and year first above written. WITNESS: Miami -Dade Affordable Housing Foundation, Inc. Name: = Opal A. Jones Title: Executive Director SOUTH MIAMI CONI.MU ITY REDEVELOPMENT AGENCY By%: Name; Title: Page 14 of 14 Chairperson Agency DEVELOPER '.i Ef XI IT A United States HUD (hereinafter referred to as "HUD ") Affordable Housing Guideline 1.NCOtj}EANU 146R7QAU LIMIT$. oad Exa ple of a SMCRA Affordable Housing Purehaser, based on the guideline set forth above; with a family of two (2) (as defined by HUED) would include someone who meets the requirements of the SMCRA for an affordable housing purchase and whose income is below $66;240.00 �Ir , Or d0 %;...... ,.. TO W _. t Yl�t "500 S? X67;820 :. V 488 .. I. t 3 $IBLZiQ S31,8rO_ 497p8,.: 82':fiOU'. Lr- 75 &� 20!1, £GS40 4A ..S42;S90 . :., .38$ Sip72f}_'`:. 57? 00i S$t:l Exa ple of a SMCRA Affordable Housing Purehaser, based on the guideline set forth above; with a family of two (2) (as defined by HUED) would include someone who meets the requirements of the SMCRA for an affordable housing purchase and whose income is below $66;240.00 �Ir , E, XH IT c FRANKLIN SUB P13 5 -34 LOT 5 LESS, W2.5FT BLK 1 LOT SIZE 5875 SQ FT bearl.ng folio number 09-4025010 -0060 a/k/a 6457 SW 60 Ave„ South Miami, Florida, Deed Description: LOT 5 BLK 1 of FRANKLIN SUBDIVISION, according to tho Plat thereof, as recorded in Plat Book 5, nt Pago 34, of the Public Records of tvlianil -Dade County, riortdn Franklin Subdivision, PB 5 -311; Lot 6 less W 2.5 feet, Block. 1, Public Records of Mianai -Dade County, FL. Vacant Lot :Size 5875 Sq, Ft,; bearing folio nulnber.0904025- 010.0070. Deed Description: Lot 6. L ESS the West 2.60 feet thereof; Block I, FRANKLIN SUBDIVISION, according to the Plat thereof as recorded In Plat Book 5, Page 3.4. of the Public Records of Mlaml -Dade County, Florida Franklin Subdivision, PB 5 -34, Lot 7 less W 2.5 feet Block 1, and alley lyg: S &• A.dj. CLOSED PER Rt 92w1517 Public Records of Miami -Dada County, FL Lot Size 6180 Sq.: Ft*:;. bcaring :folio. number 09-4025- 010 -0080; a/k/a: 6487 SW 60 AVE. South Miami, Florida. isl Deed Description: Lot 7, L:ES$ he. West 2,50 feet thereon, Block 1, FRANKLIN SU: pDIV.ISION, according lathe Plat thereof, as recorded trt Plat Book 5, Page 34, of the Public Records of Mlaml -Dade County, :Florida. Franklin Subdivision,; PB 5;34,: Lot 8, less leg NW Car Lot S Th R2.5 Feet; S 46.72 feet, W 3:05 feet, N 47.67 feet to PO B Block 2; & 4 feet alley lyg N & Adj', ♦dosed Per R"92115 17; Public Records of Miami -Dade County, FLT Lot size 55,00 feet x 117 feet; 6313 Sq,. Ft; bearing folio number 09-4025 -010 -0090; a/k/a 6S0l S'W 60 Ave„ South Miami, Florida, ON, according to. the Plat tt )ado County, Florida; LESS: North line of said tot 8, for a 0 Pzs Larkins Tow site P13 2 -105, Lot 8, Block 2, Public )Records of Miami -Dade County, FL, Lot size 7150; bearing: folio number 09- 4025- 028 -0200; AM 5923 SW 66 St., South Miami, .Florid7. Deed Description: LOT 6 BLX 2 LARXIN$ TOP90SITE Ps 2 -106 Pines Subdivision, PB 13 -2, Lotl & W % Lat 2 Block 4, Public Records of Maini -Dade County, FL., Vacant Lot Size 3525 (37.5 x 94; bearing folio number 09-4025- 009 -0240. Deed pas�rtption� Lq X, and the !Nast od,, x V21 (:jtot 2, Block 4, The Pines, a subdixlsion of the City of south tttilaan, tuifami =,pade Coi►nt. + rlarSd accor tljSg to the plat thereof', recprited in. Plat Book 13, at page�,gt`ihe i?UUi1;Records o(CvlFat! D¢eoutty;,florlda: (Miami -Dade. County. Property fde�itfflc ttpls.NtlfT?Ji rs 09 4025,.U.0 - OZ!iti.1 E ,, _ I PO c•: /4 RI, q ?� 1 R= �i • i STEVEN CURIA. RA 9%2/11 7 DR / 2 BATH OPTION 2-D 1.55D Sr UNDER AIR SAv( MAYt OS Of CC OUPL CA10, USEO PROISMSCO %7XOUr RRI TEN CO MOM AND C f T1tE AWAITECiWCOR Cr n/E AR�ItfCi. 11i( 41 V j I .j h1 "� 7j 1'. r': co z w a � w a wo d 41 4 LL 04 za a z vS a oU z z„ 040 rz W xP ¢ a o vi 4.0 W b LL, � OW o a = fJ i S i i i i GP MRIBIT D�3 SPECIFICATIONS EXTERIOR - ICF WALLS WITH EFUS OR SIMILAR STUCCO FINISH. INSULATED CONCRETE FORMS PROVIDE R -22 EXTERIOR WALLS WITH MONOLITHIC CONCRETE SHELL CAPABLE OF WITHSTANDING 200 MPH WINDS, EXTERIOR AND INTERIOR PRIMER AND PAINT IS BENJAMIN MOORE OR EQUIVALENT NO VOC PAINT OR. PRIMER FOR.INTERIOR Y ROOF CONSTRUCTED OF WOOD TRUSSES WITH .110IVIPH ARCHITECTURAL SHINGLES MANUFACTURE'S WARRANTY FOR THE SHINGLES 15 MIN. YEARS, ROOFERS WARRANTY MIN, S YEARS INSULATION WILL OPEN CELL SPRAY INSULATION ON THE UNDERSIDE OF THE ROOF SHEATHING INTERIOR WALLS AND. CEILING- WILL BE CONSTRUCTED OF SHEET ROCK. (MADE IN USAL TAPED AND PLASTERED WITH JOINT COMPOUND, SANDED AND PAINTED WITH PRIMER ANO TWO COATS OF PAINT. WINDOW!S"TO BE ECO WINDOW OR EQUIVALENT LOCALLY PRODUCED. Ar INTERIOR. DOORS TO BR HOLLOW CORE, EXTERIOR DOORS TO BE MIAMIwDADE COUNTYAPPROVED METAL DOORS. APPLIANCES TO BE INSTALLED SHALL BE APPROVED ENERGY STAR FIXTURES TO BE APPROVED AS SOON AS THE WORKING DRAWINGS ARE FINISHED TUB AND SHOWER WALLS MUST PE COVERED WITH DUROCK OR EQUIVALENT FOR THE TILE AREAS, GREEN BOARD IN THE BATHROOMS, FLOORING, CABINETS, COUNTERS TOP SHALL NOT EMIT VOCS, GREEN BOARD NOT NECESSARY IN KITICHEN EXCEPT BEHIND SINK. IF POSSIBLE TILE TO BE OF RECYCLED MATERIALS. ADDITIONAL SPECIFICATIONS AREAS FOLLOWS: RESIZE0;.1�1IR N 1/2 TO'N. O ''Pt AICULAtE0:i0TAL LOAD, AN TO B>r �1SEb IN (�Ep$0`OIViS IVD CihEAT ROOM . ;HiiUB W/ NSUL.REFLECTIVt TUBE -TO BE INSTALLED IN U ALL DUCTWORK JOINTS TO BE SEALED WITH MASTIC A 5s EXHIBIT E 3 t1 !JaGyts firiti`cr 44artfers'dptpuns� ton, cf jAbllity benefit and other similar employeo benefit acts tvh(eli Arta �pp�(ch(f(o:to lhs Work to lvporformed; SsO o(,1(rtl5 trot i glq esliec tlso�ifbb3(lj�:(6jury, occupational sickness or disease, or death of the nfiYS# .47 mp oyeesl 'S:d 3 aihints, fdr amagt s >be$tfRS� oPbodllyii jdry, sickness or disense, or death of any person olhor than lh tt L�llb "ItsK- Qrupioytesj otiilttlalol"datttaglss'( list �rdtfby- usuA7pCtsoilgllujiiry ;llability coverage; .� 5 blal►na fir dAtliefgts, other than to thv <1Vorit it ;cjl,,because of Injury to or destruction ottonglblo iroporty, Jtt�tci(pg loss afttst resititttig tltofe;lYoril; 5 tt'd< IdtHi fqY datzuigcs bectgis8 ot`bycilty 1p)►rry; death of a person or property damage arising out of vtit{nQrsi)ilr, ntotnleliatteu' or tfso ofa ?Uot�i vchtcio; S.t1'>7 ciainr�'t`kr'tsgtjjtg ?�tiury or., Op y,-.. Anne Arising out of completed operat(oAk and �.$ !?ftiii�i it(vot�It1$ co>jir7Ctya1 iahilfiylitsuronce applicable to The OBVELOPEWs obligations; t opp. MWg il►artojct.t A4 I �3t111t.pPett' t4l �ilCy`ttl� 4d., ,A a' Z p?T3�ll3t.OPljtt �)tn(( rovtdcultd ttiOPjri(n in forr;e,until.nl( tho Work to bo.performed under this Coot Met ?ts'$era r�Qr COrylpbtd. aittcebtt d by C for such duration as. is otherwise specified herehtafter), Sly lho'�Varkfs'oiupnsai(o>f `I.tttY" of tits St(ttei at`.FJ�ric(a bllr! nil np(tlit►to `(ation! )ntvs, 1n : , ��.�fi��it s Atl,jCtrltteo tn5ttro:.tiiat:al( afr ) fs ,�ttbi�iitwaators;:ritaitttottct tadr'obar'0411 t A � t fTle u .11 1. .., tav'o`!s of S it t a Products na Uor Ca►npIU44Operations Hazard Ct,jAp4O :&'d:lli;dcrground Hazard Coverage S.t,�2Yp�, goad`i'4t�ttprtpotty,batttttga 3 1 �1} liro.,adirorrtt.Cnntractual Coverage npplicablc `to, this specific Contract, including any hold hnrmless and/or indemnification agreement' 5.102 (g) Personal Injury Coverage °v..11li Employee and Contractual Exclusions removed, With minimum limits &,096rage equal. to those required for Bodily Injury Lin tziliiy<9t1d Prvperly blrr�tngc Ltabtbly ,J.. 1ulnPssu(vruobtic l ty Svttii ;tnrf(tnttlnitnttts of1'eYo M►�lton:ollnrs a<fi2,Qt?U,OOU.Qh)Elus': alt tlddlltaD�i �! 1Vh ('IIRlb(T Doljar ( ;00P,t7D0 d0) unlbrcjlsi pep gccurrcnet> comb(nc stngtt lini(t for' t3o�Ny( nluryLrtitllttynridi?toperlylian�ng� `linbl((ty' Coversl�a mast 6ai�a1�'ordCCt,olt A fotm >to iitaro restr(cttYg. tiifl►1 tho ltiiest ed(f(on of ttto nustncss..AQt9mo:,bttt+ t,Iiibt.lrty pottcys tYittrout tq'ti!tclrttn n�itlorsetiitsttls; 7s tiled i5y:iiie. lusttrtinea Services O1Tieulbr t2Yo .S.,Calc o�.l�iartda „�ncl roust inciutic 5.103 (a) Owned Vehicles. Of,�P P, i i 5. t 63 (b) H 5.2 iiai'ora;strirllfia 7iie;. Wnti :, 5.3 344 54 5.6 S•7 e 4AOii C; n rill .146 Si�VELOPIA as their Interest ►nay appoar, and gonirrictor�;p�r!`pfntti>>a rkit3NG '�fitlttt satJsfrts�tdry a�idcl►to t ortifj�}.> ifTpG,the foregoing tga,Slt��'i i�i��tt�le�ci} �7sl�i };;.�itatrtl►�gtil "a.��CN,ta'�f �l;t an adcllllonat ►1surAitcd,ttnit A {_ canaoi'ti Qr>ridtttllvtiatied until at toast r bcoii 8lvoii {ia,dix�utsi` ;t¢fl►e rCC t b : @t#t i'6d mail. pcq,?;el the policy, ,given by the insurance company or fliidi'd'.Tjt; furl: occur during the period of this Contract, the fir'- :secUrtn otl�pr i�ceptnbio insurance prior to such cancetlatlon, ttu..ofrs;cgvrniye,.as specirred in tits section and so as to mntinain ho 178VJ;LOPGR and nitrot t >ir Pprs►viidtb t tAam CY. At the 7EV8LOP;2 shaft ei ltf. y @ kip., ,a4..q sf. deductible or IN a form satisfactory To' 9tVO 401a.t'4t�;140i same. AYI V��f AFFIDAVIT Before me, the undersigned, this day personally appeared Anne Manning, who being by me first duly sworn, upon oath, deposes and says: 1. 1 am an authorized representative of Miami -Dade Affordable Housing Foundation, Inc. 2. 1 certify that a Notification Letter of Application for Variance for a home to be built at 6501 SW 60" Avenue in the form attached ( "Exhibit A ") and herein incorporated by reference, were mailed, via U.S. regular mail or U.S. Certified mail to all the address in the ownership list attached as "Exhibit B." For clarification, attached is "Exhibit C' which identifies the abutting property owners who were notified via U.S. certified mail in accordance with the City of South Miami Land Development Code. Y e E. Manning, State of Florida ) of Housing Development County of Miami -Dade) The foregoing was acknowledged before me on this z� day of 2012 by Anne E. Manning, who took an oath and who is personally know to me. Notary Public Signature �o "r pus, Notary Public State of Florida Milagros Castillo My Commission EE061446 Expires 0210312015 Notification Letter Application for Variance for 6501 SW 60`h Avenue to build a single- family home By Miami -Dade Affordable Housing Foundation Notification to: Applicant: Miami -Dade Affordable Housing Foundation, Inc. Address of Application Property: 6501 SW 60`h Ave. , South Miami, Florida You are hereby notified that an application has been submitted by the Miami -Dade Affordable Housing Foundation for approval of a variance for the property listed above. it requests a variance to allow a 51.67' frontage where a 60' frontage is required. The variance request will be reviewed by the City's Planning Board and the City Commission. The City's Planning and zoning Department, at 6130 Sunset Drive, South Miami, will have on file all documents, plans and supporting materials pertaining to this application. In addition, the City's Planning and Zoning.. :Department will.prepare and mail the required notices of public hearing in accordance with the notice requirements of the City of South Miami Land Development Code.. City of South Miami Ordinance No. 08 -06 -1876 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 94 -08 -1979. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection ofprofessional consultants, and virtually all- legislative, quasi-judicial and administrative action. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:37 PM. Pledge of Allegiance was recited in unison. H. Roll Call Action: Dr. Whitman requested a roll call. Board Members present constituting a quorum: Dr. Whitman (Chairman), Mrs. Beckman, Mr. Dundorf, Dr. Hauri, Dr. Philips and Mr. Vitalini. Board Member absent: Mr. Cruz (Vice - Chairman). City staff present: Mr. Christopher Brimo (Planning Director), Mr. Marcus Lightfoot (Permit Facilitator), Ms. Tiffany Hood (Office Support). City staff absent: None City Attorney: Mr. Thomas Pepe. III. Administrative Matters There are no administrative matters at this time. PB -12 -021 Applicant: Miami -Dade Affordable Housing Foundation - Location: 6501 SW 60 Avenue - A Resolution related to the request for a variance from Section 20 -3.5 of the City's Land Development Code; requesting a variance of eight feet four inches (8.33feet - mol) from the required sixty (60) foot lot frontage, to construct LEER Certified affordable housing on a nonconforming lot of record in an RS -4 zoning district. 6501 SW 60th Avenue. Dr. Philips read the item into the record. Mr. Brimo presented the item to the Board. 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V/ U V N O w o °` V c or W Ow=+ d auO+ .�.. M y r=-. w T 6'.G C N m 5 d 0 E m Y ui 1D E U ''S R! olc C' o d � toi 'C co wEao [o E n E ro El Y m c E d d c .o 0 S A ." C y° ww 3 c m W U N 6) Np. N d aNi aiv y c c V�o.. �05.� C.3 N c Q 4 J= Q Q Il o o c cc c m g'v 0 w 1 1 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - JULY 24, 2012 in the XXXX Court, was published in said newspaper in the issues of 07/13/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. - p Sworn to and subscribed before me this 13 day of JULY , A.D. 2012 (SEAL) V. PEREZ personally known to me Notary Pubiic Sfate of Florida Cheryl H. 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