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Res No 048-12-13605RESOLUTION NO. 48-12-13605 A Resolution of the Mayor and City Commission, relating to a request for a variance from Section 20- 3.5(E) of the Land Development Code, to allow 54 feet of frontage where 60 feet is required, on property located at 6487 SW 60th Avenue, South Miami, Florida, within the RS -4 zoning district; to permit the construction of a new one - story, LEED (silver) affordable single family residence within the City's Community Redevelopment Area. WHEREAS, on November 2011, 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 -001 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 6487 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 January 10, 2012 meeting the Planning Board, after public hearing, voted 7 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 "RS -4" Single Residential Zoning use district, specifically located at 6487 SW 60th Avenue is hereby granted. Pg. 2 of Res. No. 48 -12 -13605 Section 3. The approval of the requested variances includes Exhibit A, Site Plan by Architect Steven Luria AIA, dated 12 -10 -2011, for proposed residence at 6487 SW 60th Avenue is incorporated herein. Section 4. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 21 st, day ofFebruary2012. CITY CLERK READ 1'PROVED AS TO FORM, L E, L H GALITY A X ,CU N THEREO CI ATTORNEY APPROVED: MAYOR COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM To: The Honorable Mayor and Members of the Ci y Commission Via: Hector Mirabile, Ph.D., City Mana e From: Christopher Brimo, AICP � Planning Director Date: February 21, 2012 SUBJECT: ITEM No. South Miami Wamutieacity 1 I I , 2001 A Resolution of the Mayor and City Commission, relating to a request for a variance from Section 20- 3.5(E) of the Land Development Code, to allow 54 feet of frontage where 60 feet is required, on property located at 6457 SW 60th Avenue, South Miami, Florida, within the RS -4 zoning district; to permit the construction of a new one - story, LEED (silver) affordable single family residence within the City's Community Redevelopment Area. SUMMARY OF REQUEST The applicant, Miami -Dade Affordable Housing Foundation is requesting approval of a variance for lot size and lot frontage in order to construct a new affordable single- family residence on a vacant lot located at 6487 SW 60th Avenue. BACKGROUND. 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 establishment 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 Planning Board at their January 31, 2012 regular meeting, following a public hearing, voted 7 ayes, 0 nays to recommend approval of the variance request to the City Commission. APPLICABLE REGULATIONS . (See ATTACHMENTS) 0 Land Development Code Section 20- 3.5(E) Dimensional Requirements Section 20- 3.5(E) DI,IMENSIONAL REQUIREMENTS SINGLE - FAMILY RESIDENTIAL DISTRICTS - ONE-STORY Min. Lot Size RS -4 Net Area (sq. ft.) 6,000 Frontage (ft.) 60 Min. Yard Setbacks (ft.) Front 25 Rear 25 Side (Interior)' 7.9 Side (Street) 15 Max. Building Height Feet 25 Max. Building Coverage (%) First floor 30 Max. Impervious Coverage ( %) 145 STAFF OBSERVATIONS (a) The applicant is proposing to build a new 2,161 square foot single family residence on the referenced site. The proposed development meets the other requirements of the development code and will require an appearance before the Environmental Review and Preservation Board following review and recommendation by the Planning Board and review and approval by the City Commission. (b) 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. (c) In June 2008 the City Commission amended the Land Development Code to add specific criteria for judging variance requests. LDC Section 20 -5.9 (H) now requires that all variance decisions shall be based on an affirmative finding as to each of the following criterion: 1. The variance is ne=sM to relieve paiticUlaratraordigM con 'bons 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 gpplje to a articular property, becomes arbitrary, confiscatory or unduly oppressive because of conditions of the prQR ert that distinguish it fr©M 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 extraordin= 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. vazxance 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 a>ad 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 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 approve 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. Backup Documentation: • Resolution • 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 (Exhibit A) • Specifications ZACom n ltems\2012\2 -21 -12 \6487 SW 60 Ave Variance Request \6487 SW 60 AVE_ CM Repoa.doex k-,4y Of oufli Miami 11-1 MP City Hall, 6130 Sunset Drive, Souk. Miami, Florida 33143 Telephone: (305) 663 - 6326; Fax: (305) 668 -7356 Application For public lllearang Before Pla>�aning Board & City (-"ommisslon Address of Subject Property: !�� � � �� �: }/ ��it= ' °y�fv Lots) Bloc- k i Subdivisi.on �WAt ?l l -, - PS r ,Meets & Bounds: P1.4 Applicant: r Phone: ,-/! "',jf%• -Yd r, j!<� f ,'Ja�d !'�rl +i'rj ,� £+",'� ."' / 11 ri y. -+�`�� y •'�'� -, C: Representative: 1r ,s Orgarrization: Address: Phones ' Property Owner: t� A,;; F-11 Signatur /711 F Mailing Address: ,T IV ,,!Al f 7 LP Phone; Architeet/Englneer, � 1 t/ i�L,t�,� �. Phone: �� } /�S� � �Q• �% ®� f AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Gwner Owner's Representative _Contract to purchase -_,_Option to purchase �Tenant/Lessee The undersigned has read this completed .application and represents that the information and all. submitted materials are true and correct to the best of the applicant's knowledge and belief. 441— < Adlica 's Signature and title Prh t Name Date y Upon receipt, applicadotis and all submitted nateria'ls will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not .in .compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of P6 Nearing Date of Commission petition Required Petition Accepted Method of Pavment 4 /16 /09,XfformslPB Aiolicatioa. for Public Peairne (R- -nse -d 20= -doc South Miami kcftd All- JUrtellca C11y 9i T9 2001 CITY OF SOUTH MI AM To: Honorable Chalr & Date: January 31, 2012 Planning Board Members From: Christopher Brinm, AICP Re: Variance Request Planning Director 6487 SW 60th Avenue - RS -4 Zoning District PB 12 -001 Applicant: Mlaini -Dade Affordable Plousing Toundatlon Location: 6487 SW 60th Avenue, A Resolution of the Mayor and City Commission, relating to a request for a variance from Section 20.3.5(E) of the Land Development Code, to allow 54 feet of frontage where 60 feet Is required, on property located at 6487 SW 60th Avenue, South Nand, Florida, within the RS -4 zoning district,, to per niit the construction of a new one- story, LEED (silver) affordable single family residence within the City's Community Redevelopment Area, and providing an effective date. S>:]Nl' 1ARY OF IM,!!�UEST The applicant, iVliami -Dade Affordable housing Foundation is requesting approval of a variance for lot size and lot frontage in order to construct a new affordable single - family residence on a vacant lot located at 6437 SW 60th Street. BACKGROUND The subject parcel is a legal non- confonrdng lot of record that was owned by the City of. South Mianu Community Redevelopment Area that was platted prior to the establishment 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 ilrliami- Dade Affordable Housing Foundation (Developer) to construct a new LEER Silver certified, affordable single fancily 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. APPLICABLEREOMATIONS (See A27, MV10M • Land Development Code Section 20- 3.5(E) 17f��te�rslorrnl Regrrlre» rents STAFF OBSERVATIONS (a) The applicant is proposing to build a new 2,161 square foot single family residence on the referenced site. The proposed development Meets the other requirements of the development code and will require nu appearance before lice Enviromueuial Review and Preservaldon' Board following review stud recommendation by the Plaauting Board and review and approval by the City Commission. (b) The subject site is sunounded by the following properties and zoning districts: RS-) residential and NR zoning to the uorih; RS -4 Residentlal to the south, east and west. (c) In Jane 2008 (he City Con)inission amended the Land Development Code to add specific criteria for judging variance requests. LDC Section 20 -5.9 (I•l) now requires Hill all variance decisions shall be based on an affirmative diatding as to each of the following criterion; 1. Tl e v riance is neces.mia to relieve ar icttlhr CAUQrdiltme cottdidons _Lelntini; to g speod f is property: Me requested lot , fr•outage vartance1s necessar7> to use the property. 2. Denial of the variance would resull in hard liit to the owner: liardsltdp resulis if the tesirietfon of the zoDhig ordinance when applied to a particular proper(y, becomes a bilrary, conlisealory or unduly oppressive because of conditions of the proPerly that distingudsh it from oflierproyeridestipdersinaflat •zoning rtrietioais: sl rlettlal of the ilm -lance would be an opprasslva hardship on the oavrrer by preveuflug life properlp oin beittg usad or bid/I upom 3. The o1raordinary c n i ions and circuinsimices do uol result fi•oin lie actiou. of fte applicaul The property+ nws o !jolt- coitforuthig platted lot of record prior to belllg frausferred to the curretif oivlte . 4. The requested yad uca_is trite ntlrtlmum variance necessary to make uossi,i?ic the reasonable use of the land. banding orstrtactine;, The granthig of the requeste r! varlalrce is the smallest possible alyd the mill, ones liecesseri j, to ollorvfor fire reasormble rise of the property. 5. That the approval of the variance will be consistent with the nitemLimlcul and utnmsp of the band Dovelnpntent Cade. and will not ba 4 judous to the jic iglib rh, god of othcativisc detrimental to (lie public welfare, The approval of the vorlance !s cousistent rvlfh the Clfy's objcctive to provide affordable housing wlthht the Colamunity Redevelopamut Area, and sill allow a vacant property, to be used and for lire CIO, to recel ve properop fox and other reveirues. It; addlllou the proposed use is the type of use consistent with the RS-4 zoulug district rid jvlll be compatible with the nbutthig and srdroffndlltg propertles. These objectives (we couslsteut with the stated objecflves ol'tilt' adopted compieheusIm plait, corimuutlfy redevelnpurerrt plait and I url development code. The tai-)tutee requested will have no Impact on surrouading propel'tles. RE, COAM r'NDATXON It is recommended that the Board recouunend approval of Hhc lot frontage variance, with (lie conditions that the stt•nclure is constructed in accordance with the agreement between the ,South ibldanii Community Redevelopment Agency and the Developer, Section i? -3 5(I) DMI NSIONAL U, QU%Tt , WIENTS SL'gGLL- FAiNITLY TZTSTDLrt•iML DISTRICTS - ONE-STURY Min. Lot Size RS -4 Not Area (sq. ft.) 6,000 Frontage (ft.) 60 Min. Yard Setbacks (ft.) F'ronc 25 Rear 25 _ Side (interior)" — 7.5" Side (Street) 15 Max. guflding Height Feet 25 Max. Building Coverage (%) IFIrst floor 30 .Max. Impervlous Coverage NO 45 Attachments: Applicallon Locallorl 'il'ap Letter efFfarrlshlpl!„ le „t LDCSecllwr 20 -3.5g) ll'arra„ ),Deed .lgrea,oeat balrrea„ IlleDevetap& Will 1110S,1• OU Copp of Publio Notices srrnimp Site ply„ s'peelfleallolls 7o1PB111 13 Agendas Slnff ReporlA2012 Agenda Sin dReporlsll •10.20121PR•12.00l1PII.12.001 varinnce 6.437 811' 60111 Ave.doc a� a 4, 0 ca 0 C) i N rH C,Q G3, gaunt ° City of South Miami u Planning & Zoning Department • �N�aIS7o1�+v1ia • City Hall, 6130 Sunset Drive, Sonlh Miami, Florida 33143 rt l o a Telephone: (305) 663.6326, Fax: (305) 668 -7356 0 0, t Application For Public Hearing Before Planning Board & City Commission AS THE APPLICANT, PLEASE iN171CATE YOUR RELATIONSHIP TO THIS PROJECT, Owner ,,,_, Owner's Representative ,Contract to purchase _Option' to purchase Tenant/Les8ee 'LEASE CHECK THE APPROPRIATE ITEM: Text Amendment to LDC Zoning Map Amendment PUD Approval PUD Major Change %'Oarlanca Special Use Special Exception Ether (Waiver of Plal) explain application and cite speciflc Code sections, -fA e roFO- ray rs Ovued IIIP } #F! rqr,06 %fYirlrt ce /!ram L• LCD . (a aeV4v.0e r4 ' r Me- vJ /er< -6y p ;nlrt I e is rlk-e bop aev. •/a rota7'Grrr�� 4aga Section:____- Subsection: #: Amended Rafe, PLEASE CHECK ALL THAT APPLY: Letter of Intent �Jusiffications for change y Statement of hardship N„ Proof of ownership or letter from owner _ Power of attorney \, Ggntraat- to•purehase �'- U���r -� fie, � Current survey (1 original scaled a d signed/1 reduced copy @ 11" x 17 ") y 16 copies of Site Plan and Floor Plans 1 reduced copy @`1 V x 17" Affldavft- Recelpts attesting to mall notices sen€ '\3 Malting labels (3 sets) and map Required Fee(s) The kwdersigiicd has read this comp tied application and represents that the information and all submitted materials are true and Corr et to the best of the applicant's knowledge. and belief. Ap, &k 's Stgnaturo and title Print 14ame Date Upon receipt, app lical €oz s and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regufa�ons. Apptications found not In compliance will be rejected and returned to the applicant. OFFICE~ USE ONLY: Date Filed Dale of PI3 Hearing Date of Commission Petitloti Required Petfllon Accepted Method of Pavrncant J du:aro�x�i�am,sttan Appllsaltpn torPuhtEC ltsart�s tctcvE :erf �oosi.aoe w x231 6i "1 SW�fi7NDxER � _. o 6253 P1, 6255 c � 6321 �i 6�g0 y o s2j0 HARDEE RD 6401 O 8411 0420 k 8121 g 6431 8470 i_ 8 m1 6511 6521 653'1 0 SGDI u600 y a 6611 0621 im 6831' 6701 cz� _ #a 6718 6721 6731 P SI'7667H A 1 6001 66000 6825 6320 City of South Nfiami P33.11 -001 Variance N 6487 SW 60 Avenue WW1 ---, Feet 0 100 200 300 Goo goo 1,204 s 6126 026 Orq 02 5075 5559 b9f3 6831 021 5911 5901 5891 6f0 5 5 3 100 a 6206• 6226 `uM'A 6239 syl 62NO 7Eii 6100 F� 6253• 6275 6255° 6840 u Gila• r _ �M o 827? 6272 F " G2G9 828& ,h r d, 6286 5260 SW ORDST A '�+ 0305 6301 5306 [45317- 6280 4:gm w 7A 8318 3 6325 6320 w _ W m ry r 6332 8357 6335 '6320 83 6J30 3 0 ER 6364 6373 ~ s37s gg50 S14a + N µ A 5901 uannrr. HARDEERD r} 4DF S -0 by Ci 8411 6410 �O431 6421 8120 6'131 6430 — 6441 6440 6501 6500 8511 6510 6521 16620 0641 V 6847 N � � sl rry <A 652 f 6701 6340• , cj 4&' R T —� 5W7 Y rA F YyJq nnn ho � nYp 4T A J aN7J_ a` r MIAMI -DARE AFFORDABLE HbusiNG FOUNDATION, INC. /d IAW,0AQE AFFORDABLE F.0010 TOu"DATIBN, WC. December 7, 2011 Christopher Brimo, AICP Planning Director Planning and Zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: Variance request for 6487 SW 601h Avenue ( Lot 7, Block 1, Franklin Subdivision, P8 5 -34) Dear Mr, Brfmo: 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 6487 SW 601h Ave, within the "RS -4" single family residential zoning use district. The variance request is to allow a 54' frontage where a 60' frontage is required. The property was donated to the Foundation by the City of South Miami CRA to build LEER- certified, affordable housing for low- to moderate - income families. The property is a non - conforming property in a plat that was retarded in 1918; properties in the plat and abutting the subject property are non conforming. Development of the property without the granting of this waiver Is impossible. 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, _0Q_ al Jones Executive Director A NOT•FOR- PROFIT' 501(c)(3) C0RP0R,,TI0D1 7300 NW 19 Street, Suile 502 r0ami, rL 33126 Phone: 305.471 -9750 Fax: 305 - 471 -9754 F-mau: mdah4 @bellsoulh.nel This instrument wwos. prepared by: Thomas F. Pepe, t3eneral Counsel City of South Miami. community Redevelopment Agency 1450 Arladroga Avenue, Ste 202. Coral Gables; Florida 33146 ?raperty Appraisers Parcel Identification (Folio) Number: WARWTY DEED THIS INDENTURE, made this 291� day of December, 2011 between City of South Miami Community Redevelopment Agency, a connarunity redevelopment agency of the City. of South Miami, a Florida municipal corporation, whose address is 6130 Sunset Drive, South Miami, Florida 33143 (hereina -fter 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"). WITNTKI SSETH, that said Grantor, for and in consideration of the sum of Ten Dollars ($10.00), or other good and valuable consideration in hand 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 being hi Miami -Dade County, State of Florida, to wit: Lot 7, LESS the West 2,50 feet thereof, Block 1 and 00 feet of Alley lying. South and adjacent to the South line, closed by resolution R -92- 1517, FRAVELIN SV13DMMSTON, according to the Plat thereof as -recorded in Plat Book 5, Page 34 of the Public Records of 1V7iami -Dade County, Florida; folio number 09- 4025 - 4:10.0080; Oda 6487 SW 60 Ave,, South Miauri, Florida (herein after known as the "'the Property "), T16T3,'S CONVEYANCE IS MADE S1iJ JECT TO conditions, restrictions, limitations, and-easements of record, if any; but any such interests that may have been terminated arc-not hereby re- imposed; and.subject to applicable zoning ordinances, taxes and assessments for the year 201 i and subsequent years, THIS CONVEYANCE IS ALSO MADE SUBJECT TO the following, covenants running with the-land, and setting.forth the right ofreentry, to wit: 1. • The Developer shall commence work on the property transferred under this -Deed for the development of a 3 bedroom /2 bath residential. single - family home for affoxdable housing Page k of S IM purposes (hereinafter to be known as "theJniprovemene). 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 120% of the Average Mediae Inco .e 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 IUD) and'.as adjusted for- the size of -die purchaser's .famil'y; for affordable housing-purchasers and who shall' hereinafter be referred to as "SMCRA QuaIi6ed Furohaser ". 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, Slate 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 fancily income is 120% of HUD guideline, or less, for median income families; e. City of South Mianni Role Models, as defined by the South Miami Cotncnunity 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 120% of HUD guideline for median income families; is South Miarni Community Redevelopment Agency Referrals whose income is equal to or less than 120% of HUD guidelnue for median income families; g. City of South Miami Residents whose income is equal to or less than 120% of I4M guldeli tie 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 hicome families. The Agency shall have the sole discretion to resolve any conflict in the prioritization of applicants 2. Tile Developer shall continence %vork on the Improvement and complete . construction wifhin twelve (12) months from the date of this deed or one hundred•eigbty (130) days from the date of issuance of a building permit from the applicable authority having jurisdiction, whichever is the shorter period.of time. 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 -Qade County and the completion of all repah•s and -warrantee work and the expiration of the warrantee period, shall Furnish tlieDeveloper with an appropriate instrument Page Z of 5 �i 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 Count of Miami�,Dade- County, Florida, 4 The Developer agrees for itself, its successoxs and•.assigns, to or•ofthe•property or any part thereof, shat-the Developer and such'successors and assigns-shall -not discriminate upon the basis of race; color, religion, sex- orna-lional origin in the sale or in the..use or m,- cupaucy of the. propeq 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.l'avor 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 onany 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; % Any mortgage(s) in favor or any institutional lender 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 innstitutlonal 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 moilgage purporting to meet the require rents. of clauses (a) or (b) above, of a statement of value by a Member of American institute of Real Estate Appraisers ("MAP'), (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, and that the right of any reentry hereunder shall be subject to and limited by, and shall not defeat, render invalid, or lbnir in any tvay, 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 c. shall be mbrogated to the right of the Agency, at its sole and ea'clusive discretion; to assume the mortgage without penalty and the mortgage shall not become due or payable solely by reason of the transfer of the 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 provide [hat any.re- conveyance of 1he title to the AGENCY shall not trigger disadvantage to the AGENCY. e. Liens that are timely transferred to a bond within 3.0 days from the date that the lien is recorded. Page 3 of iV 6. 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 Nwilten 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 tlae-improvements, consisting of an affordable, single - family home, and issuance of a Certificate of Completion and /or Occupancy for the homes by the applicable autharityr 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 Qualified Purchaser, and any sale of the ,property over the next 15 years shall require sale to a subsequent purchaser who also qualifies as a SMCRA Qualified Purchaser in accordance with the.gufdelines set forrth above in paragraph 1, but using the most current 1 UD.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 default /violation within thirty (30) days of receipt ofnotification of the default sent to it by the Agency. Notification may be sent by United States mall to 7300 NW 19s' Street, #502, Miami F1331 *26, e-mail to atuicananning@earthlink.net, or facsimile transmission to 305.471- 9750 or courier. If Developer fails to remedy the default within thirty (30) days of receipt of the notification, the Agency shall have the right to reenter and take 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 right to reentry shall always be subjected to and limited by, and shall not defeat, render invalid, or llnait in any way the lien of any valid mortgage or Deed or Trust permitted. by this Deed. Inthe event the Developer fails to construct a residence and obtain the required Certificate of Occupancy or-Cettificate of Completion within the time required by this.deed, the Grantor shall have the right, but-not the obligation, to cause Developer to re- convey the Property to the Grantor, subject to any encumbrances against the Property filed by a third - patty that has provided financing in connection with the development of the Property, for an arnount 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 'ua 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 (lie Property and if-, for any reason, the Developer fails, neglects or refuses to re- -convey tha Property, the Grantor may seek specific performance to obtain the re.- conveyanoe of the Property without wah,ing its right to Page-4 of 5 I�� automatic reversion of title of the property to AGENCY by way of the.reveiter provision, set forth.herei.nabove. All'of the provision and covenants contained in this deed shall survive the closhig and--transfer of title to Developer. 9. 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 I above and. the pxwchasers shall be obligated to comply %iifi the Agency .deed restriction requiruag 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 whoinsoever. "Grantor" and "Grantee" are used for singular or plural, as context requires. IN Vi'.IT1ESS V4 + � OF, Grantor has hereunto set its hand and seal the day and year first above written. 1 Grantor City of South Miami Witness .-- Community Redevelopment Agency Printed: "i A4 By: f�- SEAL Phiu K Stoddard, as Chairperson STAT13 OF FLORIDA ) ) SS COUNTY OF MIAMI-DADP ) I HEREBY CERTIFY that on ibis day before nie, an officer duly qualified 16 take acknowledgments, personally appeared, Philip K Stoddard, -the person described in and who executed the foregouag Warranty Deed between City of South Miami Community Redevelopment Agency and Miami -Dade Affordable Housing Foundation, Ine., acknowledged before nee that he executed the same, and who presented as identification the following: . �Q _ , and lie did take an oath (or affirmed). WITNESS my hand and official seal iri the County and State last aforesaid this F4day of December, 2011. f 06 Public Printed: Marla M, Menendez 1lAit'A A. A�i,C1fE2 Page 3 of 5 AiV COMMISSION X DDto74d? { E.IPIRES: Afan� 16.1411 rM AGREI RMENT )BETWEEN DEVELOPER AND THE CITY OF SOUTH WAMI COMMUNITY ])DEVELOPMENT AGENCY TIIIS AGREEMENT is made this _� day of November, 2011, between the South Miami Community Redevelopment Agency ( "AGENCY ") and Mlami -Dade Affordable Housing Foundation, Inc. ( "DEVELOPER "). WHEREAS, the AGENCY and the DEVELOPER desire for the DEVELOPER; to obtain all construction financing; to design and build the homes to the satisfaction of the AGENCY and to meet or exceed LEED Silver certification standards; to prepare all of the construction documents, including'but not limited to the plans, working drawings and specifications; to obtain all necessary permits for the construction of single family home on each of the properties identified in Exhibit C; to market the homes; to provide HUD/ SMCRA Re- Development flan approved homebuyers ("SMCRA qualified buyers ") with counseling and to assist potential buyers in qualifying for subsidies and financing from lending institutions for permanent financing and to do all things necessary to complete constriction of all of the homes in question and to sell the homes to SMCRA qualified buyers; and WHEREAS, AGENCY qualified potential buyers will be selected in accordance with applicable Federal, State, County and local laws and guidelines; and WHEREAS, the AGENCY is the current owner of the property listed on Exhibit C, having acquired the properties for the purpose of providing affordable housing and to eliminate the blight within the AGENCY boundaries; and WHEREAS, AGENCY has elected to enter into this Agreement with the DEVELOPER to provide affordable housing to AGENCY residents; and WHEREAS, the DEVELOPER proposes to construct homes on the Property consisting of single family residential home together with all appurtenances, fixtures, and improvements ("Improvements") as set forth in the Development Plan that is attached to this Agreement as Exhibit D -x, D -2 and D -3 as may be amended; and 'WI- IEREAS, the DEVELOPER has agreed to construct the affordable home with the designated sales price for each home not to exceed Two Hundred hive Thousand Dollars ($205,000.00) or cost plus five percent (5 %), whichever is the lesser amount; and Page l of 14 PW Agency DEVELOPER WHEREAS, the DEVELOPER agrees to perforzn the covenants set forth in the Warranty Deed, the form of which is attached hereto as Exhibit A. The DEVELOPER and any affordable housing purchaser shall be obligated to comply with an AGENCY deed restriction requiring that the property shall be purchased by someone whose household has earning at or less than 120% of the Average Median Income as established by United States Department of Housing and Urban Development ( "HUD ") for Miaini -Dade County (as set forth in Exhibit E 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 years shall require sale to a subsequent SMCRA Qualified Purchaser whose Household has earning at or less than 120% of the Average Median Income as established by HUD for Miami -Dade County based on the then existing HUD income guideline, or, if none exists at that time, then as set forth in Exhibit F, and who shall hereinafter be referred to as a "Subsequent SMCRA Qualified Purchaser ". However, should the honne be owned by Subsequent SMCRA Qualified Purchaser for 15 consecutive years, the qualified affordable housing purchaser shall automatically be released from this restriction. NOW, THEREFORE, in consideration of the covenants, mutual promises and in consideration of $10.00 or other good and valuable consideration which are to be paid or delivered to the AGENCY, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. 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 hereby incorporated by reference into this Agreement. The following list of documents shall comprise the Agreement between the parties and shall constitute, collectively, the "Contract Documents ": This Agreement; Warranty Deed in the form as found in Exhibit A; Performance and Payment Bond in the for form as found in Exhibit B; Legal description of the parcel found in Exhibit C; Project drawings, plans, specifications and schematics described in Exhibit D -1, lD -2 and D -3 as may be amended in conformity to this Agreement; Insurance requirements found in Exhibit E; United States HUD (hereinafter referred to as "HUD ") Affordable Income Guidelines as found in Exhibit F. Page 2 of 14 _ fig Agency DEVELOPER Section 2. Title and Re- conveyance. The AGENCY agrees to provide the DEVELOPER with title to specific 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 transfer title of the lots to the DEVELOPER by waiTanty deed in the forni 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 (hereinafter 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 the 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 Certificate of Occupancy has been issued, on each lot within the scheduled time, as set 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 cohifition. Upon such re- conveyance, wfreiher voluntarily or involuntarily, the re- conveyance shall constitute the DEVELOPER's agreement to a change of contractor and assignment of any and all permits, 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 specilloations set forth in Exhibit D -1, D -2 and D -3, or as may be amended, including 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 Miami's Planning and Zoning " Deparirneat and its Building Department, 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 sinless the AGENCY pays for the cost of redesigning the home for this lot, from a three (3) Page 3of14 Agency DEVELOPER 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, may terminate this Contract without incurring any liability to the DEVELOPER. Section 4. Sale of Homes. The AGENCY shall convey the parcels identified in Exhibit C, provided DEVELOPER covenants to immediately sell the home, upon completion of construction, to a SMCRA Qualified Purchaser. Section S, Term. The construction of the residential home on each lot shall 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 one hundred eighty (180) days from the date of issuance of building permit for said lot from the applicable authority having jurisdiction, whichever (either the twelve (12) months or the one hundred eighty ; (1'80) days is tlia"shorteir pei'iod�of time. Upon the expiration of this schedule, any land conveyed to DEVELOPER for which the DEVELOPER has not constructed a single - family home in compliance with this Agreement shall be returned and re- conveyed to the AGENCY so as to be made available for another AGENCY affordable housing project, DEVELOPER agrees to use its best efforts to complete the Project within the schedule, In the event the Project is not completed within this time frame, and the schedule 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 fully completed hoarse that has been issued a Certificate of Occupancy does not exist. Additionally, the AGENCY may seek enforcement of the Performance Bond, which is attached as Exhibit B. Section 6. Compliance with Building 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 Aa erzdinenrs. Any airendmehts; alterations, or variations to this Agreement will only be valid when they have been reduced to writing and drily signed by the parties. Page 4 of 14 Agency DEVELOPER Section S. Limitation of Liability, The AGENCY desires to enter into this Agreement only if in so doing the AGENCY can place a Iimit 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, and /or the return of the property in substantially the same condition as provided to DEVELOPER Accordingly, the DEVELOPER agrees that the AGENCY shal l not be liable for any claim or damage in connection with the Project in excess of the AGENCY'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 Agency's liability as set forth in Chapter 768, Florida Statutes. Additionally, the Agency does not waive sovereign immunity, and no claim or award against the City shall include attorney's fees, investigative costs or pre judgment 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 shall beautomat ca ly rEsc&rgeUmany ancTaTl.oblrgatrons, liabilities 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 Agreement and the program requirements. Section 10. 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 period, provided the delay of the subcontractor or supplier is not due, in anyway, to the fault or - n.egligende of the DEVELOPER. (iii) Fails to cure a violation of the Agreement within 30 days after receipt of notice to cure or notice of default sent to it by the AGENCY. Page 5 of 14 f9V Agency DEVELOPER (iv) Fails to apply for building permits for each lot conveyed, from all applicable agencies, within 30 days after 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 tune. (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 (1$0) days after receipt of the construction permits for the applicable lot. Section 11. Risk of Loss. Risk of loss by fire or other casualty shall be the DEVELOPER's and the DEVELOPER agrees to maintain adequate insurance for a sum not less than the full replacement value of the homes to be, 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 in Exhibit E. Section 12. Independent Contractor, The DEVELOPER, its employees and agents shall be deemed independent contractors and .not agents or employees of AGENCY, and shall not attain ariy"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 lien against the Property or the DEVELOPER regarding the Project 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) R.e5soii6ble evidence'thar arty portion of ih:e Project cannot 'be completed for the unpaid balance of the construction loan. (iv) Failure to carry out any portion of the Project in accordance with the Contract Documents, Page 6 of ld AV— 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 time. Section 14. Venue, Law and Attorney's fees. In the evert of a termination by the AGENCY, the AGENCY shall additionally be entitled to bring any and all legal and/or equitable actions in Minmi -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 by law. in the event any suit or legal proceeding is brought for the enforcement of any provision of this Agreement, the parties agree that the prevailing party or parties shall be entitled to 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. Any action arising out of this Agreement shall be brought in Miami -Dade County, Florida, and shall be subject to Florida law. ection 15, Best Efforts on Construction Timetable. DEVELOPER agrees to use its best efforts to complete the constmotion on each of the lots 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 time, or one hundred eighty (180) days from the date of issuance of a building permit for said tot from the applicable authority having jurisdiction, whichever (either the twelve (12) months or the one hundred eighty (180) days) is the shorter period of time. In the event the Project is not completed within this time frame, and this construction 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 Covenants. 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, of 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 DEVELOPER. Page 7 of 14 Agency DEVELOPER (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 jurisdiction over the approval of building plans and the development of property. (iv) DEVELOPER shall complete construction of the home on each of the lots 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 thee, or one hundred eighty (180) 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 shorten 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 by a SMCRA Qualified Purchaser, and that over the following fifteen (15) years, any re -sale of the property shall require sale to a Subsequent SMCRA Qualified Purchaser. This provision shall survive termination of the Agreement. (vii). Warran : 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 terms of the Contract and Contract Documents, and shall make 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 (1) year following the issuance of the Certificate of Occupancy. 1f any part of the project, in the judgment of the AGENCY, for the reasons above stated needs to be replaced, repaired or made good during that time, the AGE\TCY shall so notify the Developer in writing. If the Developer refuses or neglects to commence such work Page 8 of 14 Agency ( DEVELOPER within five (5) days from the date of receipt of such Notice or once timely conunenced, fails 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 (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 one hundred eighty (180) 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 (ISO) days) is the shorter period of time. The DEVELOPER may be granted one extension of time, for no more than four (4) month, to complete construction upon delivery of a written request to the AGENCY Director 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 residence and obtain the required Certificate of Occupancy within 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 AGENCY, subject to any encumbrances against the Property fled 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 DEVELOPER at the time of initial conveyance of the Property. In case of the failure of DEVELOPER 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 claims to the Property and the title to the property shall revert back to the AGENCY. DEVELOPER shall have no right or claim for reimbursement for any expenditure 'incurred for the improvements made to the Property. All improvements 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 exclusive 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 14 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. This provision shall survive the closing and transfer of title to DEVELOPER. - Section 18. Force Maieure. Neither party shall hold the other responsible for damages or for delays in performance caused by force rnajeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances shall include, but not be limited 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 difficulties and to resume the work as soon as reasonably possible. Section 19, - Independent: Contractor. DEVELOPER., its employees and agents shall be deemed independent contractor's and not agents or employees of AGENCY, and shall not attain any rights or benefits generally afforded AGENCY employees, Section 20. Notices. All notices, demands, correspondence and communications between the AGENCY and DEVELOPER shall be deemed sufficiently given under the terms of this Agreement if sent by facsimile transmission, e-mail, or dispatched by registered or certified mail, 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: 305 - 668 -7356 E -mail: SDavid @southmiarnifl.gov If to DEVELOPER: Anne E. Manning 7300 NW I 91 Street, 9502 Miami Fl 33126 Fax: 305 -471- 9750 E -mail: 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 Xf Agency DEVELOPER home listed on Exhibit C is restricted and all deeds to the qualified buyer shall contain the restrictive 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 SMI CRA 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 acquired under this Agreement to the extent and in such detail 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 funds 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 shall not exceed the following percentage of the total costs to build the homes: all preconstruction costs shall not exceed three percent (3 %); all costs generally associated with general conditions shall not exceed five percent (5 %); all contingency costs shall not exceed three percent (3 %); and all other costs, including trades, subcontractors, bond and insurance costs shall not exceed eighty nine percent (89 %) of the 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, liabilities and expenses, direct, indirect or consequential including, but not limited to, fees and charges of purchasers, engineers, architects, attorneys, consultants 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 specifically include, but not limited to, claims, damages, losses, liabilities and expenses arising out of or froth: (a) the negligent or defective design of the Project and work of the DEVELOPER; (b) any negligent act or omission of the DEVELOPER, its subcontractors, agents servants or employees; (c) any damages, liabilities, 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 or regulations by DEVELOPER, its .subcontractors, agents, .servants,- independent • contractors. oremployees; -(h) the breach or alleged breach by DEVELOPER of any term of this Agreement. Page l l of 14 otr Agency DEVELOPER Section 24. 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 DEVELOPER's obligations under the terms of the Agreement. Section 25. Faxes, Mortgage and Obligations. The DEVELOPER (or successor hi interest), shall pay the real estate taxes or assessments on the property or any part thereof when due. DEVELOPER shall 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: (i) Any inortgage(s) in favor or any institutional lender 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 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 (iii) The recordation, together with any moilgage purporting 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 ("MAP), (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, and that the right of any reentiy hereunder shall be subject to and limited by, and shall not defeat, render invalid, or limit in any way, the lien of such mortgage. For purposes of this paragraph an "institutional lender" shall mean any bank, savings and loan association, bmurance company, foundation or other charitable entity, real estate or mortgage investment trust, pension (ands, 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 nC!ntgage shall not D&-r,- lte dt-e or,payab)e solely b_y. reason .of..the..transfer -of the property to the Agency in aceot'dance with the terms and conditions of this Page 12 of 14 AW Agency DEVELOPER 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 provide that any re - conveyance of the title to the AGENCY shall not trigger any disadvantage to the AGENCY. Section 26. Severability. If any provision or provisions of this Agreement shall to any extent be invalid or 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 orprovision 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 28, InsRection. AGENCY may make or cause to be made reasonable entries upon and inspections of the property. Section 29,. Nondiscrimination, The DEVELOPED 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, lease or rental or in the use or occupancy of the property or� 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 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. 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 steal l be provided at the time of the joint execution of this Agreement. Section 31, Waiver. The passing, approval and /or acceptance of any part of the work or material by the AGENCY, its Architect or Engineer, if any, or by any - agent- orrepresen tat ive -of-th-e-AGENCYsha-l-l-not- operate -a wai e�fthie ?'age 13 of 14 _g� Agency 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 implied 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 parties 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 paragraph in particular, shall not be modified, amended or waived except in writing signed by both parties, The waiver of any breach or default of any of the terms of this Agreement shall not act as a waiver of any subsequent breach or default. This Agreement shall be binding upon the heirs, guardians, personal representatives and assigns of both of the parties, Section 32, Waiver of Jury 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, lawsuit 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, By: QW—_ Name: Opal A. Jones Title: Executive Director SOUTH MIAMI CON04L MTY REDEVELOPMENT .AGENCY By:_ XkMal'M Name: Philip K Stoddard Title; Chairperson Page 14 of 14 Agency DEVELOPER u Miami -Dade Affordable Housing Foundation, Inc, By: QW—_ Name: Opal A. Jones Title: Executive Director SOUTH MIAMI CON04L MTY REDEVELOPMENT .AGENCY By:_ XkMal'M Name: Philip K Stoddard Title; Chairperson Page 14 of 14 Agency DEVELOPER EXHIBIT A United States HUD (hereinafter referred to as "HUD ") Affordable Housing Guideline INCOIJE ANO MORTGAGE LIMIT$ 6.411.0.d dnr CwmShr Example of a SMCRA Affordable Housing Purchaser, based on the guideline set forth above, with a family of two (2) (as defined by HUD) would include someone who meets the requirements of the SMCRA for an affordable housing purchase and whose income is below $66,240.04 O�W r„Ed1an — FAMILYSrzE 309, _ 50;U 801/00 100% iFO'ova id0 °.ri < E. LOW ti, V. LOW C- LOIA'11d +00 > i $14,500 52 -1;1S6 538 650 $48 3Co S5 +, '0 507,620 2 3 $16.600 $10 660 527 %Q r S31.050 0200 $49,100 S56,24 0 502,100 566.240 �ffi520 w,200 $66.940 4 VIDA0 S3.1,5CO $55,200 S69,Da0 582,800_ S96,640 _ 6 S22AC0 $77,300 59650 S74,fi00 9$.520 $104,140 6 W 5'1d,0"A 340,050 S44.050 500,100 3 ,120 $112,140 i 526,700 S42,50q'— 558,450 505.600 S102,7<^0 5119840 0 527.35q _ S 1S 550 572,900 S91.100 S1>J9,3e0 512T.5r0 Example of a SMCRA Affordable Housing Purchaser, based on the guideline set forth above, with a family of two (2) (as defined by HUD) would include someone who meets the requirements of the SMCRA for an affordable housing purchase and whose income is below $66,240.04 O�W EXHIBIT C FRANKLIN SUB PB 5 -34 LOT 5 LESS W2.5FT BLK 1 LOT SIZE 5875 SQ FTL bearing folio number 09 -4025- 010 -0060 a/k /a 6457 SW 60 Ave., South Miami, Florida. Deed Deserlption: LOT 5 BLK I of FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book S, at Page 34, of the Public Records of lvttami -Dade Courlty, Florlda Franklin Subdivision, PB 5 -34, Lot 6 less W 2.5 feet, Block 1, Public Records of Miami -Dade County, FL. Vacant Lot Size 5875 Sq. Ft,; bearing folio number 090 - 4025 -010 -0070. Deed Description: Lot 6. L ESS the West 2.50 feet thereof, Block I, FRANKLIN SUBDIVISION, according to the Plat Ihereof as recorded In Plat Book 6, Page 34. of the Public Records of Miami -Dade County, Florlda Franklin Subdivision, PB 5 -34, Lot 7 less W 2.5 feet Block 1, and alley lyg S &.Adj. CLOSED PER R- 92.1517 Public Records of Miami -Dade County, FL Lot Size 6180 Sq, Ft.; bearing Folio number 09- 4025 - 010 -0080; a/k/a 6487 SW 60 AVE. South Miami, Florida. Deed Description: Lot 7, LESS.the Wes( 2.60 feet thereof, Block 1, FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded In Plat Book 5, Page 34, of the Public Records of Miami-Dade County, Florida, Franklin Subdivision, PB 5 -34, Lot 8, less beg NW Cor Lot 8 Th E.2.5 feet, S 46.72 feet, W 3.05 feet, N 47.67 feel to P08 Block 2, & 4 feet alley lyg N & Adj. Closed Pee R-92-1517; Public Records of Miami -Dade County, FL. Lot size 55.00 feet x 117 feet; 6318 Sq. .Ft; bearing ;folio number 09 -4025- 010 -0090; a/k/a 6501 SW 60 Ave., South Miami, Florida. Deed Description: 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 -60 feet; thence Southerly, along a line 2.50 feel East of as measured at right angles to and parallel with the West line of said Lot 8, for a distance of 0:.96 feel to a point of curvature of a -curve to the left having a radius of 1976 00 feet; (hence Southerly, along the arc of said curve through a central angle of 1 ° 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 3.06 feel to the Southwest corner of said Lot 8; thence Northerly, along the West line of said Lot 8, for a distance of 47 67 feel to the Point of Beginning Parcel?denliflcaUon Number: 09.4025.010•oo90 &//I Vr� Larkins T6%isite PB 2 -105, Lot 8, Block 2, Public Records of Miami -Dade County, FL, Lot size 7150; bearing folio number 09- 4025 -028 -0200; a/k/a 5928 SW 66 St., South Miami, Florida. Deed Descriptions LOT e Er.K 2 LAMM' TORNSM P9 2­10$ Pines Subdivision, PB 10 -2, Lotl & W % Lot 2 Block 4, Public Records of Miaini -Dade County, FL., Wont Lot Size 3525 {37.5 x 94; bearing folio number 09- 4025 - 009 -0240. need Description; Lot 1, and the West Half (w V2) of Lot 2, Block 4, The Pines, a subdivision of the City of South Miami, Mlaml -Dade County, Florida, according to the plat thereof', recorded in Plat Book 13, at Page 2, of the Public Records of Miami -Dadra County, Florida. (Miami -Dade County Property ldeMification dumber: 09- 4025.009 -0140) 19�, PY L--j C71 Ply Poom L l Pr I- I • Ell j ME I Ji j 41 J i ( -------------- f- IT3. .... . ....... .. FLOOR PLAN STEVEN LURIA. RA 9.12/11 3 DR / 2 DATH OPTION 2-17 1,558 SF UNDER AIR ALL MAW= ANO WRIMM MAKROAL AFKARVIG KRUM CONS711VIE qRJOIALAND OPOLISHEDWORX Cr ME AsICH115CT. SAVE UAV 1101 8E CUPLIGMED, USEO OR DISCLOSED VAMOUTMITTCH 4VISChT Cr THCMCRITECT. / 0011 c� z w _a LU'l1 a d LU o 1 O 0� q U v.i OTC �4 a1. LU Q° �o OR i2� F%- o� U0 O z� xa c� 0 z° � cx U Q Q V1 0.� �O N � � a d ¢ � U tn aw Q z co PEI -J cv z °z W ¢a w a °w c� M C7 ¢ V) -t 191v L, GAA f' Al EXHIBIT B -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 PRINTER AND PAINT IS BENJAMIN MOORE OR EQUIVALENT NO VDC PAINT OR PRIMER FOR INTERIOR ROOF CONSTRUCTED OF WOOD TRUSSES WITH 110 NIPH 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 USA), TAPED AND PLASTERED WITH JOINT COMPOUND, SANDED AND PAINTED WITH PRIMER AND TWO COATS OF PAINT. WINDOWS --TO BE ECO WINDOW OR EQUIVALENT LOCALLY PRODUCED. INTERIOR DOORS TO BE HOLLOW CORE, EXTERIOR DOORS TO BE MIAMI -DADE COUNTY APPROVED 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 BE COVERED WITH DUROCK OR EQUIVALENT FOR THE TILE AREAS, GREEN BOARD IN THE BATHROOMS, FLOORING, CABINETS, COUNTERS TOP SHALL NOT EMIT VOC'S. GREEN BOARD NOT NECESSARY IN KITICHEN EXCEPT BEHIND SINK. IF POSSIBLE TILE TO BE OF RECYCLED MATERIALS, ADDITIONAL SPECIFICATIONS AREAS FOLLOWS: HVAC TO BE SIZED WITHIN 1/2 TON OF CALCULATED TOTAL LOAD. CEILING FANS TO BE USED IN BEDROOMS AND GREAT ROOM. SOLAR LIGHT TUBE W/ INSUL. REFLECTIVE TUBE TO BE INSTALLED IN GREAT ROOM DECIDUOUS TREES PLANTED ON SOUTH SIDE - NATIVE SHADE TREES ON CAST AND WEST - U ALL DUCTWORK JOINTS TO BE SEALED WITH MASTIC lllte.6 EXHIBIT E OTICLE 5 — INSURrWCE 5,0 The DEVELOPER shall purchase From and mafntoln in a company or companies lawfully authorized to do business in the jurisdiction in which file Project is located such•lnsurance as %vill protect file DEVELOPER fforn claims set forth below which may arise outoforresult from the DEVELOPER'S operations under the Contract and for which Ilia DEVELOPER may be legally liable, whellhersuch operations be by the DEVELOPER or by a Subcontractor or by anyone directly or indirectly employed byany of them, or by anyone fbr whose acts any of them may be liable, 5.0.1 claims under Workers' compensallon, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; 5.0.2 claims for damages because of bodily injury, occupational sickness or disease, or death of the DEVELOPER's employees; 5.0.3 claims ror damages because of bodily injury, sickness or disease, or death of any person other than the DEVELOPER's employees; 5.0.1 claims for damages Insured by usual personal 4ijury liability coverage; 5.0.5 claims for damages, other (lion to II►e Work itself, because of Injury to or destruction of tangible property, Including loss of use resulting there from; 5.0.6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of rotor vehicle; 5.0.7 claims for bodily Injury or property damage arising out of completed operations; and 5.0.3 claims involving con4•actual liability insurance applicable to the DEVELOPIMs obligations concerning the Project DEVCLOPER's Liability insurance; 5.1 DEVELOPER shall provide and maintain In force until all the Work to be perforated under this Contract has been completed and accepted by AGENCY (or for such duration as is otherwise specified hereittafler), the insurance coverage set forth below 5.1 A Worker's Compensation insurance. at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the Slate or Florida and all applicable federal laws, In addition, the policy(ies) must include; Employers' Liability at the statutory coverage amount. The DEVELOPER shall Iltrther insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 5.1.2 Co►nprclncnsive General Liability with mfnlmum limits of Two Minton dollnre ($2,000,000,00) per occurrence combined single limit for Bodily injury Liability and Properly Damage Liability. Coverage must be afforded on a form no more restrictive titan the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as tiled by the Insurance Services Office For Ilse State of Florida, and must include: 5.1.2 (a) Premises and Operation 5.1.2 (b) Independent Contractors S. 1.2 (c) Products and/or Compicted Operations Hazard 5. 1.2 (d) Explosion, Collapse and Underground Hazard Coverage 5.1.2 (e) Broad Form Property Damage 5.1.2 (0 Broad Font Contractual Coverage applicable to this specific Contract, including any hold harmless and/or Indemnification agreement. 5.1.2 (g) Personal Injury Coverage wilh Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 5,1.3 Business Automobile Liability with ►ninimum limits of Two Million Dollars ($2,000,000.00) plus an additional Two Million Dollar ($2,000,000.00) un►brella per occurrence combined single limit for Bodily fnjury Liability and property Damage Liability. Coverage most be afforded on a Form no more restrictive than ilia latest edition of the Business Automobile Liability policy, without restrictive endorsements, as liked by the Insurance Services Office for the Stale of Florida, and mist include: 5,13 (a) O +vied Vehicles, S. i,3 (b) ]aired and Non -Owned Vehicles 5.1.3 (c) Fmployers' Non•Ownership .5.2 Before starting Ilia Work, The DBVEI.OPER shall file with file AGENCY certificates or such insurance, acceptable to ilia AGENCY, which must contain, among other Ihhngs, the name, address and telephone number of file insurance agent or broker through whom the policy was obtained, a provision adding line AGENCY as an additional named insured; those certificates shall contain a provision lhal tide coverage• afforded.under the policies shall not be canceled or materially changed until at least thirty (30) days prior wrilten notice has been given by the Insurer to the AGENCY by certified mail. The insurer shall be rated A.Vll or better per A.�bl. Vest's Key Rating Guide, latesl edition and aulhorNed to issue insurance in the Slate of Florida. 5.3 Thz DEVELOPER agrees flint if any part of the Work under ilia Contrast is sublet, ilia subcontract shall contain The same Insurance provision as set forth hi section 5,1 and 5.2 above and substituting the word SUBCONTRACTOR for the word DEVELOPER where applicnble; however, at The D,EVELPER's discretion, the limits ofa Subcontractor's Insurance may be Five Hundred Thousand Dollars ($500,000.00), 5.4 Fire and Extended Coverage Insurance (Builders' Risk): The DEVELOPER shall maltilnin, as applicable, in an lnsuranco Compmry or Insurance Companies acceptable to ilia AGENCY, Piro, Extended Coverage and Vandalism & Malicious Mischief insurance on buildings and structures, while In the course of construction, including foundations, addlllons, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machitnery, If the cost of machinery Is included in the Contract, or if the maehutery located in a building flint is being renovated by reason of this contract. The amount orinsurance must at all times be at least equal to the actual cash value orthe insured property. The policy shall be in the name of ilia AGENCY and the DEVELOPER, as their interest may appear, and shall also cover ilia interests of all Subcontractors performing Work, 5.5 The DEVELOPER shall provide the AGENCY with satisfactory evidence certifying Ilia( The foregoing insurance is in force; and such evidence shall include provisions naming ilia AGENCY as an additional named Insured and providing ihnl the Insurance shall not be canceled or materially changed until at least thirty (30) days prior written notice has been given by the Insurer to Ilia AGENCY by certified mall. 5.6 Cancellation and Re4asurance: If any notice of cancellation of Insurance or change in ilia policy, glvei► by the Insurance company or should any insurance have an expiration date that will occur during the period of Oils Contract, Ilse DEVELOPER shall be responsible for scouring other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in Oils section and so as to maintain coverage during the lire of Ibis Contract. 5.7 All deductibles must be decinred by Ilia DEVELOPER and must be approved by file AGENCY. 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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 7:38PM Pledge of Allegiance was recited in unison II. Roll Call Action: Dr. Whitman requested a roll call. Board Members present constituting a quorum: Dr. Whitman (Chairman), Mr. Cruz (Vice - Chairman), Mrs. Yanoshik, Mrs. Beckman, Mr. Dundorf, Dr. Philips, and Mr. Vitalini Board Member absent: None City staff present: Mr. Christopher Brimo (Planning Director), Ms. Tiffany Hood (Office Support). City staff absent: Ms. Lourdes Cabrera (Principal Planner), Mr. Marcus Lightfoot (Permit Facilitator), City Attorney: Mr. Thomas Pepe. III. Administrative Matters The next Planning Board Meeting will be held on February 28, 2012. IV. Public Hearings PB -12 -001 Applicant: Miami -Dade Affordable Housing Foundation Location: 6487 SW 60th Avenue The applicant is 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. 6487 SW 60th Avenue. Mrs. Beckman read the item into the record. Z: \PB\PB Minutes \2012 Minutcs \J'anuary\PB -12 -001 Draft Meeting Minutes Excerpt - 01- 3I- 12.doc Page 1 of 3 Mr. Brimo presented the item to the Board. Mr. Cruz stated why the LEED Certification is being pushed. Mr. Brimo responded that the LEED homes are said to be more environmentally sound in the way that they are built. Mr. Cruz asked why Affordable Housing isn't enough why is LEED certification being requested. Mr. Brimo responded that part of the issue with CRA Board which is also City Commission Board is that these homes are LEED certified. He stated that he does not know the history as to why the CRA is requesting LEED certification; unfortunately the CRA Director Stephen David was not able to attend this meeting, maybe Ms. Manning would be able to speak on this matter. Ms. Manning was sworn in by Mr. Thomas Pepe. The Chairman opened the public hearing: NAME ADDRESS SUPPORT /OPPOSE Ann Manning Miami -Dade Affordable Housing Foundation Support Ms. Manning stated that she is here as the representative on the three requests for variances. She then stated that these lots were platted several years ago, the first one is located in the Franklin sub - division and it was platted in 1918 and this lot is 60 feet x 125 feet. She also stated that in order to build we need the granting of the variance request. She stated that regarding the LEED the builder that is used by the Miami -Dade Affordable Housing Foundation has done previous work in the City of South Miami that was LEED Certified. She then stated that the Miami -Dade Affordable Housing Foundation proposed that these homes be LEED Certified and not at the request of the CRA. Mr. Cruz stated that there is a concern of there is something wrong with the way the house is built that possibly the house may not meet the requirements to be LEED certified. Mr. Cruz stated that the LEED seems to be linked to the application. Mr. Brimo stated that variance is just a descriptor of the size of the lot and has no bearing on whether it is LEED or not. Mr. Cruz then stated that the LEED certification is a better system however it is more costly. Mrs. Beckman stated whether affordable should be included in the variance. Mr. Pepe stated that he does not believe that the variance is linked to it being a LEED constructed home or affordable; it just states the request of a variance to reduce the setback by six feet. Mrs. Beckman asked the applicant if the house has already been allocated to a person. The applicant responded no the house is owned by the CRA; applications are still being accepted for this home with the priority being given to CRA residents first, then opened to low to moderate income residents within the City of South Miami second and third it will be opened to residents county -wide . Dr. Whitman asked the applicant about the process used to become a recipient of one of these homes is it a low cost sale to qualified applicants or is it an outright grant. The applicant responded that it is a sale that she and Mr. Pepe worked on with the cost of building the home and the land is free because the CRA has chosen to donate it. Z:\PB \PB Minutes\2012 Minutes \January\PB -12 -001 Draft Meeting Minutes Excerpt - 01- 31- 12.doc Page 2 of 3 The Chairman closed the public hearing: Mr. Dundorf asked how do we get to this level of disconnect with the land being platted at a certain size and the yet the requirement is for a larger size. Mr. Brimo stated that throughout the county a lot of properties were platted at much smaller sizes than the actual zoning codes are by today's standards, this lot was platted in 1918 and the City of South Miami was not even incorporated at that time. Mr. Brimo then stated that as cities become incorporated and as zoning regulations change you will find that you will have nonconforming lots of record and if you have a hand full of lots you tend not to set your zoning requirements to the lots that are substandard but you set the standards to the lots that you want. Motion: Mr. Cruz motioned to approve. This motion was seconded by Mrs. Beckman. Vote: Yes 7, No 0 Mrs. Beckman: Yes Mr. Cruz: Yes Dr. Whitman: Yes Mr. Dundorf. Yes Mr. Vitalini: Yes Mrs. Yanoshik: Yes Dr. Philips: Yes V. Approval of Minutes: Planning Board Minutes of Nove'nber 08, 2011 — The Board members reviewed the minutes and were in favor of approval of the minutes with no changes. Motion: Mr. Cruz motioned for approval of the minutes as presented. Mrs. Beckman seconded the motion. Vote: Yes _6 No 0 Mrs. Beckman: Yes Mr. Cruz: Yes Dr. Whitman; Yes Mr. Dundorf Absent for vote Mr. Vitalini: Yes Mrs. Yanoshik: Yes Dr. Philips: Yes VI. )Future Meeting Bates: Tuesday, February 28, 2012 VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 9:54 PM. Z: \PB\PB Minutes \2012 Minutes \January\PB -12 -001 Draft Meeting Minutes Excerpt - 01- 31- 12.doc Page 3 of 3 > LLI q1t �'l ui V cr BE ly 3 6 b'15 w K-2 9 33 No 5 28SE I SUNDAY, FEBRUARY 12, 2012 5E . RE 115 :ru: -.c;�T "..ate::• - :.- �. =..— ._.��_ -vx: - c,.a.Y;.•r�J4+�...= +- :.:. =p; -+-rte *CALENDAR, FROM 12SE Second Ave., Little Haiti. • M835: Play bingo to Penal it Ariat 305- 762 -3883, www.seasons.org. Children's Hospital near northern Florida and veterans' organizatiot a.m. Feb. 15; 10 a.m., Feb. 16; 10 a.m. CLUBS particularly b"sless veterans. Feb. 17. Seasons Hospice & Palliative 7 p.m. Feb. 15. Elks Lodge 1835, Care or South Florida, 5200 NE Bingo for Charity at Elks Lodge 1.2445 NE Second Ave, North Miai .CITY OF SOUTH MIAMI COURTESY NOTICE .i . NOTICE IS HEREBY given that'the City. Commission, of the City of -South Miami, Floric will conduct Public Hearings at its regular City Commission meeting schedbled fi Tuesday February 21. 2012.- beginning at 7:30 p.m., in the City .Commission Chamber 6130 Sunset Drive, to consider the following items: ° A Resolution authorizing the City Manager to execute a multi -year, contract with ,Public Safety Corporation (PSG) for tha non - exclusive license to use CryWolf a software application.deslgried to assist in false alarms with no capital investment required. A Reso[t�lon authorizing the Cfty Manager to enter Into an agreement with Paychex, Inc to provide•payrolI services Integrated software go] ution. A Resolution authorizing'the City Manager to execute a 3 -year maintenance agreement-with Alf! Electronics, Inc. for the total amount not to exceed $14;400.00 to be charged to the Police Department's Contractual ServlcesA6count, #001 - 1910 - 521 -3450. A Resolution authorizing the City Manager to enter into a five -year Performance Based Audit Contract with Advaion to perform performance based audits of City departments pursuant to Section 4 (F) of the City Charter. A Resolution relating to the review and approval of a Unity of Title request by Larkin Hospital, pursuant to Section 20 -5.16 of the Land Development Code, to permit the licensure and operation of a nurses training facility located at 6140 SW 70 Street, that is incidental and subordinate to the main hospital operations, A Resolution of ttte Phayor and City Commission, relating W a request for a variance from Section 20 35(E) of the Land Development Cone, to allow 54 feet of frontage where 60 feet is required, on property located at 6487 SW 60th Avenue, South Miami, Florida, within the RS -4 zoning distrlci, to permit the construction of a new one - story, LEED (silver) aftordobte single family residence within the Clty's Community Redevelopment Area. A Resolution relating to a request fora variance from Sectiori 20- 3,5(E) of the Land Development Code, to allow the lot size of the building site to be 5,875 square feet, where a minimum lot size of 6,000 'square feet is required; and to allow 50 feet of frontage where 60 feet is required; on property. located at 6477 SW 60th Avenue, South, Miami, Florida, within the RS -4 zoning district, to- permit the construction of a new one - story, LEED (silver) affordable. single family residence within the City's Community Redevelopment Area, and providing an effective date.. A Resolution •relating to a request for a variance from Section 20- 3.5(E) of the Land Development Code,to alloW 50 feet of•frontage where 60 feet.is required, on property located at 5928 SW 66th Street, South Miami, Florida, within the RS -4 zoning district; to permit the construction of a new one - story, LEED (silver) affordable single family residence within the City's Community Redevelopment Area. A Resolution authorizing the. City Manager to enter into a three -year agreement with' FPL FiberNet, LLC to provide Internet service and to replace existing network connections at Parks and Recreation, Public Works and City Hall. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's' Offlce at 305 - 663 -6340: Maria M. Menendez, CIVIC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision ma( by this Board, Agency or Commission with respect to any matter, considered at its meeting or hearing, he or she will ne( a record of the proceedings.. and that for such pyrpose, affected person may need to ensure that a verbatim record of it proceedings is made which record includes the testimony and evidence upon which the appeal is to be based.