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Res No 050-12-13607RESOLUTION NO. 50-12-13607 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 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. 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 -003 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 with a lot frontage of 50 feet where a minimum of 60 feet is required, on property within an "RS -4" Single Residential Zoning use district, specifically located at 5928 SW 66th Street, South Miami, Florida; 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 variance 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. The subject application submitted by applicant Miami -Dade Affordable Housing Foundation, 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 on a vacant lot with a lot frontage of 50 feet where a minimum of 60 feet is required on property within an "RS- 4" Single Residential Zoning use district, specifically located at 5928 SW 66th Street is hereby granted. Pg. 2 of Res. No. 50 -12 -13607 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 5928 SW 66 Street is incorporated herein. Section 4. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 21 st, day of Februar,y2012. AT_. CST; APPROVED: J' �r aU44 CITY CLERK MAYOR READ ANWAPPROVED AS TO LA LEGALITY A� E O , THEREOF CITY 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 Cit Commission Via: hector Mirabile, Ph.D., City Manager r From: Christopher Brimo, AICP Planning Director •�' �r Date: February 21, 2012 SUBJECT: ITEM No. South Miami k=phd AlbAmerica Oily 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 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 pen-nit 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 5928 SW 66th Street. 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) e Land Development Code Section 20- 3.5(E) Dimensional Requirements Section 20-3.5(E) DIMENSIONAL 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)a 7.5" Side (Street) 15 Max. Building Height Feet 25 Max. Building Coverage (%) First floor 30 Max. Impervious Coverage (%) 45 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 necessary to relieve particular extraordinary conditions relating to a specific property The requested lot frontage variance is necessary to use the property. 2. Denial of the variance would result in hardshiD to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property!, becomes arbitrary, confiscatory or unduly oppressive because of conditions of the proms that distinguish it from other properties under similar zoning restrictions; A denial of the variance would be an oppressive hardship on the owner by preventing the property from being used or built upon. 3. The extraordinary conditions and circumstances do not result from the actions of the--"icant; The property was a non - conforming platted lot of record prior to being transferred to the current owner. 4. Thee reaested variance is the ]minimum variance necessary to make Possible the reasonable use of the land building or structure; The granting of the requested variance is the smallest possible and the only ones necessary to allow.for the reasonable use of the property. 5. That the approval of the variance will be consistent with the general intent and purpose of the Land Development Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The approval of the variance is consistent with the City's objective to provide affordable housing within the Community Redevelopment Area, and will allow a vacant property to be used and fbr 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 v Survey Site Plan (Exhibit A) • Specifications Z: \Comm 11ems\2012\2- 21 -12. \5928 SW 66 St Variance Reyues65928 SW 66 ST_ CM Report.doex South Miami babd plldtmsrtaa cilu Saar CITY OF SOUTH MLkNII To: Honorable Chair & 4 Date: J'anttary 31, 2012 Planning Board Members Frorn: Chrlstopher Brimo, AICP f Re: Variance Request Planning Director 5928 SW 66th Street - RS -4 Zoning District PB -x2 -003 Applicant: ryllaud -Dade Affordable Housing Foundatiou Location: 5928 SW 66th Street, A Resolution of the Mayor and City Contmission, relating to a request for a variance from Section 20- 3.5(F) of the Laud Development Code, to allow 50 feet of frontage where 60 feet is required, on property located at 5928 SW 66th Street, South lyflarni, Florida, within the RS -4 zoning district,, to permit the construction of a new one- story, LEE, D (silver) affordable single fancily residence within the City's Conununity Redevelopment Aren, and providing an cffective date, SUNA[ RY OF REQUEST The applicant, Iviiawi -Dade Affordable Housing Foundation is requesting approval of a variance for lot size and lot frontage in order to construct a new affordable single -Anuly residence on a vaocunt lot located at 5928 SW 66th Street. BACL(G1RO= 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 -9 zoning district. On November 2011, the Community Redevelopment Agency donated and conveyed the title of the referenced property to the Miatnl- Dade Affordable Housing Foundation (Developer) to construct a new LEED Silver cerlil"ied, affordable single family residence. The City's Land Development Code requires any new contraction to meet the zoning standards for the particular district where it is located; in this utstance, within the RS -4" Small Lot Single- I+arnily Residential District. The applicant in a hardship letter claims that the substandard size of the property prohibits the use of the property. APPLICABLE REGULATIONS (See AYV C7 1;rV7 S) Land Development Code Seetlou 20- 3.5(E) Dims isjoiial Bequiyewenis 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 ineets the other requirements of the development code Section 20- 3.5(L) DIMENSIONAL RIe.QUMB), -IBNTS SrNr.Llr,r, MII.YRiS11)11, [TIALDISTRICTS- ONE -STORY Min. Lot Size RS -4 Met Area (sq. ft.) 6,000 Frontage (ft.) 60 Min. Yard Setbacks (ft.) R Front 25 Rear 25 Side (Interior)d 7.5° Side (Street) 15 _ Max. Building Height feet 25 Max. Building Coverage (%) First floor 30 Max, Impervious Coverage 1 45 At•tstciu11011 sL Applleelllan Lnca11ai1 krap Lefler of rlarrlsliip /11rie1�1 cDCSeelron 20-3. See) Maramos Deed Agmeulolu bdj wen the Developerar:d 1be.ShcCR l Cop}, of Public Nallces silivey slle Plall specUcallous Z:1PI31PT3 Agc:ulns S3nff Repors12013 Agandn Sinff fleportsll- 10.20121P13- 12- 0031PD. 11.003 - Wrinnco 5929 S%V 6611: Sl.doe 4j V) tb Oo N 0) u1 O O CV r-{ m and will require all appearance before the T'nvira imental Review rind Preservation Board following review and reconuitendation by the Plaunirtg Board and review and approval by the City Comm tission. (b) The subjcct site is surrounded by the following properties and zoning districts: RS -4 residenlial to the north, south, east and west. (c) fit June 2008 the City Corttutission amended the Land Development Code to add specific criter'lo for judging variance requests, I..DC Section 20-5.9 (1 -1) now requires titat all variance decisious shall be based on an affirmalive finding ns to ench of the following criterion: I. Tha n :'i n e is rtecessrtr to raise c tarlicnitlr extraordisinry ccrrtrli, ions MAO A specific ttror e) rly: The requested lot fr•aidage variance Is necessary to use ilia1woparlp. 2. Denial of the valjrgtce tvq uld result iu hards'r» p #o the owner. Hardsl p regulls if the es ictloi af Clio xortiltig ird €uance, wlmn —Volt d to n parlicuiar irrotrer y, becomes nrbilraryy, eqnfliscatory ar unduly onaressin because of conditions of he properly flim &stinglrislt ronl oil} 1' noperti m undor sit ' nr zouin res !c ' r. R denial of the vrwIance would be an oppressive hordslydp on the owner by preventing file property f morn belrrg itsed or bullt upon, 3. The extraordinary conditions and cimmistances- do not' result fipm llte__3ctions ¢i' the ,opplicnnt Tlie property was a nail- coitfornthig platter/ lot of record prior to being h -m fel -r'etl to the anPent Owner. 4. The to ucsted variance is the lxtirthtnrr►t variance neeessaryjq�talce possible the reasortablc use of the mid, budding Pr structi ra: The granting of (lie iegtiested vurdtalca is the smallest possible and the only ones necessary to alloitifo), Ma reasonable usa of theproparija S. That the approval of the variance will be consislent with the general intent and numose of the Land. evelopment Code, and will not be injurvojntq die nolgliborhood or othewiso dot rimental to the nublic welfare. The approval of flie wn•lance is consistent wd(h ilia C11ji s objective to pro Ode., affordable housing rr1110i ilia Communi(v Redevelopment Arena and )v111 allow a vacant propei•iy to be used and far the 01y to receive pi vperiy tax ail other reveuties, In addillon ilia proposer! use Is the type of use consistent rt,hli the ,RS-4 miing district and will be compatible with the abutliiig and surroriiding properties. 'These objecth-es are consistent with the staters objectives of ilia f1dopted cottiprehenslva plan, coiumuniti, redevelopment plait and land development code. The variance requested wN have no impact on surrounding properties RE, CaMMENDATION Il is recomu-reuded Iltat the Board recommend approval of the lot frontage. variance, willi the conditions that the structure is consirucled in accaidance with the ngr'celucnt between the South Yliami Conummitty Redevelopment Agency and the Developer. City of South Wn al i a Plannixtg & Zoning Department Atp • ttt[nsNagArro • Chy ]-tall, 6130 Srr:rsat Drive, Sotnh Miawl, rlor[da M43 Telephone: (305) 663 -6326, Fax: (305) 663.7356 Application For Public Hearing Before Planning Board chi •City Commission AU "1 tip :kN L1CAN 1, PLEASE INUIGATI~ YOUR RELATIONSHIP TO THIS PROJECT: Owner —,Owner's Represantatfve _Contract to purchase _Option to purchase ,_,Tenant/Lessee NPPLICATION IS HEREBY MADE FOR THE FOLLOWING. PLEASE CHECK THEAPPRCPRIATE Il't -M.' `� —Text Amendment to LDC ± Varlance — Zoning Map Amendment ^Special Use _ PUD Approval Special Exception _ PUD Major Change _Clher plaiver of Plat) Briefly exiilatn appticallon and alle specific Code sections: 7t+'r t prArrl7 is 4wee f fs.,'. NI PAlip rep ile. A Vf Ater, ran+ Sec. iz MOO i(y .50I. rr11f'ot# {- J"/01 e- twAJ12 /rt !� FAy v�a rl., uict.i' Alfc �id'rlr t�J, /9t1 �rr�r�I.r rr�rl sir /)l.,' — - — iov�r�tr' � (ow, `limo P'ir� k -i/'1Cui�ir, L!wi!� „f. Seellon.. _ Subs tlon:_ Page fl: Amended Date: PLEASE CHECK ALL THAT APPLY 'V Lollar of Intent b Justifications for change Statement of hardship Proof of ownership or letter from owner Power of attorney V Cogiract- Inpurdhaeo �Ut1i���� � ! V Current survey (1 original sealed an signed /1 reduced copy @ I V x 171) �+ 16 copies of Site Plan and Floor Plans 1 reduced copy @ I V x 17” �+ Affidavit- Recelpts altesling to mail lot ces sent Mailing labels (3 sets) and map Required Fee(s) The tindersigned has read this completed application and represents that the inforntation and all submitted materials are true and correct to the best of the applicant's knowledge'and belief: IJpaI ) s 41. App = 's Signature and title Prl t Name Date Upon receipt, apppplications and all submitted materials will be reviewed for compliance with the Land Development Code -and other applicable regttlaCns.:applications found not [u cornpUance will be rejected and returned to the applicaut, OFFICE.USE ONLY: Date Filed Date of P8 Hearing_ Date of Commission Petition Requiredr _ Petltlon Accepted method of Payment J allfilrf9 C:1f>mtsU'B rlpplitatiorn for Public Hearing (Revised 2aacrd-o El 6253 6255 6321 ZVI I oao 680D s� 6820 6�y City of South )tiauni PB -12-003 Wriance 5928 SW 66 Streot Feet 0 2 300 500 S10t1 w 1,200 m 017 SS SP b2l3ls TAR . J I— _ r. � � 5a225 $ 0 '270 • 6 m n o 68290 6273 3722 29 0 6281 0200 630t 20 9 6325 67U4 p3p6 b280 30 b33S 8330 40 6345 0340 0325 ..... NAfiG�'vi1RW w.,..,n � NAR9S&Rli c ao2o o 160 616f &075 " i HAROERRA EE �u Oco. OlOt � r / / �� 10� 5x90 r �xr' ' y yo boa 0 n 5701. L$i 9_jiM EE �u Oco. OlOt � r / / �� 10� 5x90 r �xr' ' y yo boa 0 n 5701. L$i L��,yngV °r" APP, P P I " MIAMI-DADE AFFORDABLE HOUSING FOuNDAT(ON, INC. 1d111A1l.pARR AFYaR 6lIKtN HOMO FOUNPAVOR, INC. December 7, 2011 Christopher Brimo, AICP Planning Director Planning and zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: Variance request for 5928 SW 661''Street ( Lot 8, Block 2, Larkins Subdivision, P8 2.105) Dear Mr. Brimo; Miami -Dade Affordable Housing Foundation, Inc. hereby requests a variance from Section 20 -3.5 of the Land Development Code In order to allow for the construction of a one -story, single - family home on property located at 5928 SW 66'" Street, within the "RS -4" single family residential zoning use district. The variance request is to allow a 50' frontage where a 60' frontage is required. The property was donated to the Foundation by the City of South Miami CRA to build LEED- certifled, affordable housing for low- to moderate - income families. The property Is a non - conforming property in a plat that was recorded In 1915; 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, _QQ�L Olfal A Jones Executive Director A iNOT -I °OR- PROFIT 501(c)(3) CORPORATIOiN 1300 NW 19 Street, Suite 502 Nllaml, Fl. 33126 Phone: 305. 471.9750 Fax: 305.471 -9754 Email: mdahfl@bellsou(h.nel This instrument was prepared by: Thomas F. Pepe, General Counsel City of South Miami Community Redevelopment Agency 1450 Madruga Avenue, Ste 202 Coral Gables, Florida 33146 Property Appraisers Parcel Identification (Polio) Number: WARRANTY DEED THIS INDENTURE, made thisl ' day of November, 2011 between City of South Miami Community Redevelopment Agency, a community redevelopment agency of the City of South Miami, a Florida municipal corporation, whose address is 6130 Sunset Drive, South Miami, Florida 33143 (hereinafter referred to as Grantor or "Agency ") and Miami -Dade Affordable Housing Foundation, Inc., a Florida non -profit corporation (hereinafter referred to as Grantee or "Developer "). WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars ($10.00), or other good and valuable consideration in 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 in Miami -Dade County, State of Florida, to wit: Lot S, Block 2, Towpsite of Larkins, according to the Plat thereof, as recorded in Plat Book 2, Page 105, of the Public. Records of Miami - Dade County, Florida; folio number 09- 4025 -028 -4204; a /k/a 5928 SW 66 St., South !Miami, Florida (herein after l(nown as the "the Property "), T1I18 CONVEYANCE IS MADE SUBJECT TO conditions, restrictions, limitations, and casements of record, if any; but any such interests that may have been terminated are not hereby re- imposed; and subject to applicable zoning ordinances, taxes and assessments for the year 2011 and subsequent years. TIRS CONVEYANCE IS ALSO MADE SUBJECT TO the following covenants running with the land, and setting forth the right of reentry, 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 affordable housing purposes (hereinafter to be known as "the improvement "). Developer covenants and agrees that the Propeily 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 Median Income as Pagel of 5 established by United States Department of Housing and Urban Development ("HUD") for lvliami -bade County (as set forth in the attached Exhibit A or as amended by HUD) and as adjusted for the size of the purchaser's family, for affordable housing purchasers and who shall hereinafter be referred to as 'SMCRA Quatilied Purchaser". At such ttme, the Developer shall be responsible for the review and selection of low to moderate income applicant home buyers in accordance with all applicable Federal, State and County and local law and with Agency final approval. However, the Developer shall prioritize applicants as follows; a. Love - income (in accordance with HUD guidelines) SMCRA residents; b. SMCRA residents whose family income is 1200A of HUD guideline, or less, for median income families; C. Low - income (in accordance with HUD guidelines) City of South Miami residents; d. City of South Miami residents whose family income is 120% of HUD guidellne, or less, for median Income families; e. City of South Miami Role Models, as defined by the South Miami Community Redevelopment Agency's Role Model Program, as amended, which program is incorporated by reference into this Deed and whose income is equal to or less than 120% of HUD guideline for median income families; f. South Miami Commmi ty Redevelopment Agency Referrals whose income is equal to or less than 120% of HUD guideline for median income families; g. City of South Miami Residents whose income is equal to or less than 120% of HUD guideline for median income families; h. Miami -Dade County Residents whose income is equal to or less than 120% of HUD guideline for median income families; and L General �ublie whose income is equal to or less than 120% of HUD guideline for median income families, The Agency shall have the sole discretion to resolve any conflict in the prioritization of applicants 2. The Developer shall commence work on the Improvement and complete construction within twelve (12) months from the data of this deed or one hundred eighty (180) days from ilia date of issuance of a building permit froin 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 -Dade County and the completion of all repairs and warrantee work and the expiration of the warrantee period, shall furnish the Developer with an appropriate instrument certifying to the satisfactory completion of the improvement. Such certification shall be in a foam recordable in the Office of the Clerk of the Circuit Court of Miami -Dade County, Florida. 4. The Developer agrees for itself, its successors and assigns, to or of the property or any part thereof, that the Developer and such successors and assigns shall not discriminate upon Page 2 of 5 the basis of race, color, religion, sex or national origin in the sale or in the use or occupancy of the property or any Improvements erected or to be erected thereon or.on any part thereof; and this covenant shall be binding to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by the Agency, its successors and assigns, and any successor in interest to the property, or any part thereof The Agency shall have the right in the event of any breach of any such.covenants, to exercise, all the rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of covenant; to which it or any other beneficiaries of such. covenant may be entitled, 5. The Developer (or successor in interest); shall pay the real estate taxes or assessments on the property or any part thereof when due, DEVELOPER shall not allow any levy or attachment to be made, or any lien or any unauthorized encumbrance to be recorded that is not transferred to a bond within thirty (30) days of the levy, attachment or its recording in the public record other than for the following: a. Any mortgage(s) in favor or any institutional 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 institutional lender refinancing any mortgage of the character described in clause (a) hereof, in an amount(s) not to exceed the value of the Improvements as determined by an appraiser; and c. The recordation, together with any mortgage 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 ( "MAl "), (or member of any similar or successor organization), stating the value of the Improvements is equal to or greater than the amount of such mortgage(s), shall constitute conclusive evidence that such mortgage meets such requirements, and that the right of any reentry hereunder shall be subject to and limited by, and shall not defeat, reader invalid, or lfnrit In any way, the lien of such mortgage. For purposes of this paragraph an "institutional lender" sliall rnean any bank, savings and loan association, insurance company, foundation or other charitable entity, real estate or mortgage Investment trust, pension fonds, the Federal National Mortgage Association, agency of the United Slates Government or other governmental agency. d. All qualified mortgages as defined above in subparagraphs a„ b., and c, shall be subrogated to the right of the Agency, at its sole and exclusive discretion, to assume the mortgage without penalty and the mortgage shall not become due or payable solely by reason of the transfer 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 wortgage or mortgage note within 20 days of such event. In addition, the mortgage shall provide that any re-conveyance. of the title to ilia AGENCY shell not trigger disadvantage to the AGENCY. e. Liens that are timely transferred to a bond within 30 days from the data that tha lien is recorded. b. 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 Page 3 of 5 property is titled in its name without the prior written consent of the Agency, in its sole discretion. 7. The Developer shall not transfer the property or any part thereof prior to the completion of the improvements, consisting of an affordable single - family home, and issuance of a Certificate of Completion and/or Occupancy for the homes by the applicable authority having such jurisdiction. In addition, the deed from the Developer to a SMCRA Qualified Purchaser shall contain a deed restriction requiring that the property is being purchased by a SMCRA 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 guidelines set forth above in paragraph 1, but using the most current HUD affordable housing income guidelines. 8. In the event the Developer shall violate or otherwise fail to comply with any of the covenants set forth herein, the Developer shall correct or cure the default/violad-on within thirty (30) days of receipt of notification of the default sent to it by the Agency. Notification may be sent by United States .mail to 7300 NW 19'n Street, 11502, Miami Pl 33125, e-mail to anne.manning @eartlil nk.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 limit in any way the lien of any valid mortgage or Deed or Trust permitted by this Deed, In the event the Developer falls to construct a residence and obtain the required Certificate of Occupancy or Certificate of Completion within the time required by this deed, the Grantor shall have the right, but not the obligation, to cause Developer to re- convey the Property to the Grantor, subject to any encumbrances against the Property filed by a third -party that has provided financing in connection with the development of the Property, for an amount equal to the tax assessed value of the property. The deed re- conveying the Property shall only include the same title exceptions contained in the title policy issued to the Developer upon the Initial conveyance of the Property to the Developer. In case of the failure of Developer to perform any of the covenants in this deed, at the option of the Grantor, this Agreement shall be forfeited and terminated, and Developer shall forfeit any and all claims to the Property and title to the property shall automatically revert back to AGENCY. In the event of the reversion of the title, Developer shall have no right or claim for reimbursement for any expenditure incurred for the improvements made to the Properly. All improvements made on the property shall be retained by the Grantor in full satisfaction grid liquidation of all damages sustained by the Grantor, and the Grantor shall have the right to reenter and take possession of the premises and seek such self - help remedies as shall place the Grantor in exclusive possession of the premises. If, at the option of AGENCY, the AGENCY request that the Developer re- convey the Property and if, for any reason, the Developer fails, neglects or refuses to re- convey the Property, the Grantor may seek specific performance to obtain the re- conveyance of the Property without waiving its right to Automatic reversion of title of the property to AGENCY by way of the reverter provision set forth hereinabove. All of the provision and covenants contained in this deed shall survive the closing and transfer of title to Developer. Page 4 of 5 9, Upon transfer by warranty deed to the Developer, Developer agrees that any sale of the property shall be to an offbrdable housing purchaser as defined in paragraph 1 above and the purchasers shall be obligated to comply with the Agency deed restriction requiring the property to be purchased by a qualified affordable housing purchaser as previously defined, and any sale of the property over the next 15 years shall require sale to a subsequent qualified affordable housing purchaser as previously defined in paragraph 7 above. Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as.context requires. IN WITNESS WMREOF, Grantor has hereunto set its hand and seal the day and year first above written. Grantor _z City of South Miami Wltnes§ , Com uoity Redevelopment Agency Printed: By: al _ 4 SEAL Philip K Stoddard, as Chairperson Printed: .�frrfis STATE OF FLORIDA , ) SS COUNT' OF WAMI -DADS ) I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared, Philip K Stoddard, the person described in and who executed the foregoing Warranty Deed between City of South Miami Community Redevelopment Agency and Miami -Dade Afordable Housing Foundation, Inc,, acknowledged before me that he executed the same, and who presented as identiflca(lon the following: and he did take an oath or affirmed), }L WITNESS my hand and official seal in the County and Sta ast aforesaid this day of November, 2011. } 4 Page 5 of 5 NotaryPul i!1 ''fic Printed: r NKEtiGA A, PAYNE. '3 MY CoMM SIGN S Ej!133382 EXPIRES q; 0010hel03. 2015 S� 41d] rwidin'4 Vt."M Page 5 of 5 EXHIBIT A United States HUD (hereinafter referred to as "HiJD") Affordable Housing Guideline INCO141: AND MORTGAGE LIMIT$ Arl list Ind (Ar PAM1 u S17n. • 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 $66,24 0.04 WdlAR MAW-- S ZE 301b 50°n $01► 104Yo i W 140% < 6. law <. V. ! ow <4.0Y146100 > { $14,500 $24, W 0816" S48 3(30 _ _ $57,060 387 820 2 $18.800 527,600 &<4 240 $55,200 A6,240 577,280 3 $18,M $91.050 9 T40 $6 100 w $14.620 $88940 $20,7 $34 500 355 200 969 040 592.800 396,600 $22 400 S37 300 f39 630 7 .6J6 $8Ii 520 $104A40 6 $29050 $40,050 1004- 030 $00100 $96,120 $1121.0 7 $25,700 S42.800 388450 585, 0 5102,720 $119,840 d 587.350 45 550 172,1300 1.100 $109,320 i 7 540 • 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 $66,24 0.04 AGREEMENT )BETWEEN DEVELOPED AND TIDE CITY Or, SOUTH Yi7Ai'YLY COP1ctiYXi NFFY REDEVELOPMENT AGENCY TIES AGREEMENT is made this 10 day of November, 2011, between th e South Miami Community Redevelopment Agency ( "AGENCY ") and Miami -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 a single family home on each of the properties identified in Exhibit Q to market the homes; to provide HUD/ SMCRA Re- Development Plan 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 construction of all of the homes in question and to sell the homes to SMCRA qualified buyers; and WI- MREAS, 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 'KIEREAS, the DEVELOPER proposes to construct homes on the Property consisting of single fainily 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-1, D -2 and D -3 as may be amended; and WHEREAS, the DEVELOPER has agreed to construct the affordable home with the designated sales price for each home not to exceed Two Hundred Five Thousand Dollars ($205,000.00) or cost plus five percent (5 %), whichever is the lesser amount; and Page 1 o f 14 —,(f: Agency DEVELOPER WHEREAS, the DEVELOPER agrees to perform 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 Miami-Dade County (as set forth in Exhibit 1F 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 home 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, D -2 and D -3 as may be amended in conformity to this Agreettaent; Insurance requirements found in Exhibit E; United States HUD (hereinafter referred to as "I UM ") Affordable Income Guidelines as found in Exhibit F. Page 2 of 14 /D �%/ Agency DEVELOPER Section 2. Title aniRe- 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 warratzty deed in the form as found in Exhibit A. In the event that there is a defect or cloud (hereinafter referred to as a defect) on the Agency's title to any of the properties, the Agency shall have 90 days (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 e"'6 6on. _7� ©n'such re- cortvaya ce, wltethez voluntarily o► 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 specifications set fotlh 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 Departm&t'Wrid its Building'Department, as wall 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 unless the AGENCY pays for the cost of redesigning the home for this lot, from a three (3) Page 3 of 14 /r (11 Agency DEVELOPER bedroom, two (2) bath to a two (2) bedroom, one and one hall'' (1 -1 /2) bath. The Improvements shall be constructed in accordance with plans and specifications (attached as Exhibit D- t, 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 buildirg 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 Homo. The AGENCY shall convey the parcels identified in Exhibit C, provided DEVELOPER covenants to imixaediately sell the home, upon completion of construction, to a SMCRA Qualified Purchaser, Section 5. Tenn. The construction of the residential home on each lot shall be completed within twelve (12) months fiorn 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 fiom 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 -- - 1'8'Q days is the shorter eriod of trine. Upon the expiration of this schedule, an and conveyed to DEVELOPER for which he DEVELOPER has not constructed a single- faiWly 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 home 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 b. 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;- Mffdudrriehts. Any amenftents, altei�ati0' ns; oR variations to this Agreement will only be valid when they have been reduced to writing and duly signed by the parties. Page 4 of 14 Agency DEVELOPER Section 8. Limitation of Liability, The AGENCY desires to enter into this Agreement only if in so doing the AGENCY can place a limit on the AGENCY's liability for any cause of action arising out of this Agreement, so that its liability never exceeds its maximum potential monetary contribution of the current tax assessor's valuation of the property. The DEVELOPER expresses its willingness to enter into this Agreement with recovery from the AGENCY for any action arising out of this Agreement to be limited to the value of the property provided by the AGENCY, and /or the rehun of the property in substantially the some condition as provided to DEVELOPER. Accordingly, the DEVELOPER agrees that the AGENCY shall not be liable for any claim or damage in connection with the Project in excess of the 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, t7ieAgency s�aTlui e auto- mtzcally discharge 1c iorn any anU­aTobljdii ns, fiabffAies­­ 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) rails 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 negligeiice '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 ] 4 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 time. (v) Fails to complete construction of each lot within twelve (12) months of this Agreement or within twelve (12) months of the date of the delivery of the deed for said lot, whichever is the greater amount of time or one hundred eighty (180) days after receipt of the 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 DEVELOPED agrees to Maintain adequate insurance for a surn not less than the full replacement value of the homes to be constructed. The DEVELOPER shall not commence work tinder 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 any rights or benefits generally afforded AGENCY employees. Section 13. Re- conveyance Covenant. The AGENCY may terminate this Agreement and seek re- conveyance, of the Property to such extent as may be necessary to protect itself from loss on account of rnatters 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 tirn+~ly payment(s) to subcontractors or suppliers for materials or labor regarding the Project unless the DEVELOPER has reasonable grounds to withhold payment. (iii) "Reasonable evidence that any poiIi'66'af the Profect'camiot 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 14 Agency DEVELOPER (v) Failure by DEVELOPER to start construction within six (6) months from the date 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 event of a termination by the AGENCY, the AGENCY shall additionally be entitled to bring any and all legal and /or equitable actions .in Miami -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 Mami•Dade County, Florida, and shall be subject to Florida law. Section 15. Best Efforts on Construction Timetable. DEVELOPER agrees to use its best efforts to complete the construction 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 lot from the applicable authority having jurisdiction, whichever (either the twelve (12) months or the one hundred eighty (180) days) is the shorter period of 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 1 it Q 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 Iot, 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 tune, 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 shorter period of time. (v) DEVELOPER covenants and agrees that the Property shall be sold to SMCRA Qualified Purchaser, (vi) Upon transfer of the warranty deed to DEVELOPER, DEVELOPER agrees that any sale of the property by DEVELOPER shall be to a qualified affordable housing purchaser, and the purchasers shall be obligated to comply with the AGENCY's deed restriction requiring the property to be purchased by a SMCRA Qualified Purchaser, and that over the following fifteen (15) years, any re -sale of the property shall require safe to a Subsequent SMCRA Qualified Purchaser. This provision shall survive termination of the Agreement. (vii). Warranty, 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 ofthe 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 foI.lowing the issuance of the Certificate of Occupancy. If 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 AGENCY shall so notify the Developer in writing. I.f the Developer refuses or neglects to commence such work Page 3 of 14 Agency DEVELOPER within five (5) days froin the date of receipt of such Notice or once timely commenced, fails to continue to diligently perform the repair work, the AGENCY shall have the work doge by others and the cost thereof shall be paid by the DEVELOPER or its Surety. Section 17. Termuiation 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 (180) 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 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 filed by a third -party that has provided financing in connection with the development of the Property. The DEVELOPER shall re- convey the property and provide the AGENCY with a marketable title to the Property. The marketable title shall not contain any exceptions other than those exceptions contained in the title policy issued to the 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 sw -/ive the closing and transfer of title to DEVELOPER. Section 18, Force Maieure, Neither party shall hold the others responsible for damages or for delays in performance caused by force majeure, 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, lookouts, 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 Conti-actor. 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 2020. 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 @southmiamifl,gov If to DEVELOPER: Anne E. Manning 7300 NW 19`" Street, #502 Miami Fl 33126 Fax: 305 -471- 9750 E -mail: anne.manning@eai,chlink.net earthlink.net Section 21. Purchasers, It is agreed that all qualified buyers shalt be require sign a mortgage and note satisfactory to AGENCY and enforceable by the AGENCY, which shall require that the re -sale of the property with the constructed Page 10 of 14 Agency DEVELOPER home listed on Exhibit C is restricted and all deeds to the qualified buyer shall contain the restrictive covenants concerning resale provided in the DEVELOPER's deed and in accordance with the restriction provided 41 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 SMCR.A 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 6-ce 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 from: (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,.nrvants, independent.contractors-or- employees; (h) the breach or alleged breach by DEVELOPER of any term of this Agreement. Page II of 14 1 Agency DEVELOPER Sectivn 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 obligati ons under the terms of the Agreement. Section 25. Taxes, Mortgage and Obligations. 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 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 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 (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 mortgage 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 ( "MAI "), (or member of any similar or successor organization), stating the value of the Improvements is equal to or greater than the amount of such mortgage(s), shall constitute conclusive evidence that such mortgage meets such requirements, and that the right of any reentiy hereunder shall be subject to and liinited 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, 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. (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 moi_igage sahall-not hes:oane ,due. oLpayable_solel.y. by. reason of the transfer. of ... . the property to the Agency in accordance with the terms and conditions of this Page 12 of 14 K. Agency DEVELOPER deed. All mortgages issue(] 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 or provision of this Agreement, the word or provision shall not be construed against either party by reason of their involvement in the drafting or negotiating of this Agreement. Section 28. Inspection, AGENCY may make or cause to be made reasonable entries upon and inspections of the Property. ectioii 29. Ngndiscrirnination. The DEVELOPER agrees for itself, its successors and assigns, to or of the property or any part thereof, that the DEVELOPER and such successors or assigns shall not discriminate upon the basis of race, color, religion, sex or-national origin in the sale, 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 shall 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- or- repi•esentati-ve-of the ACrENCY'slrall'n�t��ei�a "wliver oftlie' Page 13 of 14 C Agency 9 DEVELOPER AGENCY's right to demand strict compliance with the terms and conditions ofthis 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. ever 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. M WITNESS WRBREO , the AGENCY and DEVELOPER have caused this Agreement to take effect on the day and year first above written. WITNESS: Miami -Dade Affordable Housing Foundation, Inc. Name. ! Opal A. Jones Title; Executive Director SOUTH 1VHAMI COMMUNITY REDEVELOPMENT AGENCY By: - Name: I Philip K Stoddard Title: Chairperson Page 14 of 14 1$'f Agency DEVELOPER EXHIBIT A. United States HUD (hereinafter referred tons "HUD") .Affordable Housing Guideline 1NCOIR AND MOATOAGE LIMITS A4 flutj nil Mr FxrnIN 9Fjw Lxample 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 th,e requirements of the SMCRA, for an affordable housing purchase and whose income is below $66,240.00 0 IF p (�' Fri ?,1fCYSIZE 30vu 50 "a $O;b 10(14J :o 120%. 110 "4 IL c, ���� <• V. LOW {•I_bw MOD 1 S 14.50�i 521, fd4 S3$ $59 y18 3W 557 9$4 - 07-420 2 $16.600 S27,000 W 5441204 SS .z _ S66.24D 11,28 J 11 5 318,E 20.7C0 522 4CO - S31,Ov0 S3-tgo 5:17.300 $J0,700 $55200 $59 �65� D� 42 i90 WPM S 4.600 $74570 332,800 189.620 588.940 508,600 $101 itl . 0 _124,050 340.050 S8d.05D S$4,10D °B 120 �! �2.I,fO i' 5,25,70D� 5�a2,S00 $66,450 585,600 5102.74^0 $419840 W _ 9 VOW— 1$ 550 572,904 591,170_ _ S109,320 S1i27,df�0 Lxample 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 th,e requirements of the SMCRA, for an affordable housing purchase and whose income is below $66,240.00 0 IF p (�' EXHIBIT C FRANKLIN SUB PB 5 -34 LOT 5 LESS W2.5FT BLK 1 LOT SIZE 5875 SQ FT bearing folio number 09- 4025 -010 -0060 a/k/a 6457 SW 60 Ave., South Miami, Florida, Deed Description; LOT 5 BLK I of FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded In Plat Book 5, at Page 34, orthe Public Records orNtiami -Dade County, Florida 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. Dead Description; Lot 6. L ESS the West 2,50 feet thereof, Block I, FRANKLIN SUBDIVISION, according to the Plat thereof as recorded in !alert book 6, Page 34, of the Public Records of Miarril -Dade County, F'lo'rlda 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 Weal 2.50 feet thereof, Block I, FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 6, Page 34, of the Public Records of Miami -Dade County, Florida. Franklin Subdivision, P13 5 -34, Lot 8, less beg NW Cor Lot 8 Th B.2.5 feet, S 46,72 feet, W 3.05 feet, N 47.67 feet to POB Block 2, & 4 feet alley lyg N & Adj. Closed Per R -92 -1517; Public Records of Miami -Dade County, FL. Lot size 55.00 feet x 117 feet; 6318 Sy. Ft; bearing folio number 09.4025- 010 -0090; a/k/a 6501 SW 60 Ave., South Miami, Florida. Deed Description: Lo( 8, Block 2, of FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded In Plat Book 8, Page 34, of the Public. Records of Mlarnf -Dada County, Florida; LESS beginning at the Northwest corner of sold Lot 8; thence Easterly, along the North line of said lot 8, for a distance of 2..50 feet; thence Soulherly, along a line 2,60 feet Cast of as measured at rlght angles to and parallel with the Wesl line of said Lot 8, for a distance of 0:.96 feet to a point of curvature of a -curve to (fie left having a radius of 1975 00 feel; thence Southerly, along the are of said curve through a central angle of 1° 21' •I9 ". for a'dislance of 46.72 feel to a point on the South line of said Lot 8; thence Westerly, along said South line, for a distance of 3.05 feet to the Southwest corner of said Lot 8; thence Northerly, along the West fine of said Lot 8, for a distance of 47 67 feet to the Point of Beginning Parcol tdeniiiloallon Number. 00- 4025.010.0000 (n� PAS Larkins Townsile 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 Description; LOT a ELK 2 LARK1113 TOW11SITE Pa 2 -105 Pines Subdivision, PB 13 -2, Lot & W % Lot 2 Block 4, Public Records of Miami:-Dade County, FL., Vacant Lot Size 3525 (37.5 ,t 94; bearing folio number 09 -4025- 0090240. Dead Description: I.ot x, and the West Half (w V2) of Lot 2, Block 9, The Pines, a subdivision of the City of South Miami, Mlaml -Dade County, florlda, according to the plat thereof, recorded In Plat Book 13, at Page 2, of the Public Records of Miami -Dade County, Florida. (Miami -Dade County Property Identification Number: 09. 4025.009.0240) 5�' �V J a I a� I f E f t.. STEVCN LURIA, RA 4/2/11 U ER / 2 UATIJ OPTION 2 —D I.556 SF UNDFR AIR ALL ORARIKGS A.4O Y41171E4 UATCRfAL APPEARING I ;ERC/N 0011SRA1TE CRIO•NAL AND UNPUOLISNE'O WORK OF THE ARCNITCCT. SAVC MY IIOT DC OUPI(CATEO, VS£0 OR OISCLOSCO BIII(CVT 1{RRTEN CONSENT CF TIIC ARUOTECT. ruC r ���i i o LLJ K w `LI z p `L 0w � xw 4Q C7 Q z un z� � p z� CL W ¢O A �9 N a m LU ' :3 A -J N �} z zz > Li °1 a ( p� U. GA Al' E IMIT D -3 SPECIFICATIONS EXTERIOR - ICF WALLS WITH EFUS OR SIMILAR STUCCO FINISH, INSULATED CONCRETF. FORMS PROVIDE R -22 EXTERIOR WALLS WITH MONOLITHIC CONCRETE SHELL CAPABLE OF WITHSTANDING 200 MPH WINDS, EXTERIOR AND INTERIOR PRIMER AND PAINT IS BENJAMIN MOORE OR EQUIVALENT NO VOC PAINT OR PRIMER FOR INTERIOR ROOF CONSTRUCTED OF WOOD TRUSSES WITH 110 MPH ARCHITECTURAL SHINGLES MANUFACTURE'S WARRANTY FOR THE SHINGLES 15 MIN. YEARS. ROOFERS WARRANTY MIN, S YEARS INSULATION WILE. 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 ENERGYSTAR 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 ARE AS 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 V INSUL. REFLECTIVE TUBE TO BE INSTALLED IN GREAT ROOM DECIDUOUS TREES PLANTED ON SOUTH SIDE - NATIVE SHADE TREES ON EAST AND WEST - ALL DUCTWORK JOINTS TO BE SEALED WITH MASTIC lllte6 EXHOIT E ARTICLES — INSURANCE 5,0 T)ro DRVELOPER shall purchase ffom and maintain hi a company or companies tawNlly,authorized to do business in the jurisdiction In which file Project is located such insurance as will protect lite DEVELOPER IYom claims set forth below which may arise out of or result from Cite DEVELOPER's operations tinder the Contract and for which rho DEVPLOPER may be Icgally liable, whelhersuch operations be by lite DEVELOPER or by a Subcontractor or by anyone ditectly or Indirectly employed by any of them, or by anyone for whose acts any of them may be liablo: 5,0,1 claims tinder workers' compensation, disability benefit and other similar employee benefit acts Which are nppllcable to Ilse Work to be performed; 5.0.2 claims for damages because of bodily 4ury, occupational sickness or disease, or death of the DBVELOPCWs employees; 5,0.3 claims fordnmages because of bodily Injury, sickness or disease, or death of any person other titan the DEVELOPER's employees; 5.0,4 clahns for damages Insured by usual personal injury liability coverage; 5.0,5 claims for damages, other than to lie Work Itself, because of injury to or destruction of tangibie property, Including loss ofuse resulling there from; 5.0,6 claims for damages because ofbodily injiny, death of a person or property damage arising out of ownership, maintenance or use ofn motor velliole; 5.03 claims for bodily injury or propertydomagc arising out of completed operations; and 10.8 elabns involving conlraclual liability Insurance applicable to the DEVELOPER's obligations concerning the project DEVELOP1;It's Liability Insurance: 5.1 DEVELOPER shall provide and maintain in force until all Ilia Work to be performed under this Contract has been completed and accepted by AGENCY (or for such dnrntion as is olherwise specified hcreinnfter), Ilse insurance coverage sot forth below: 5.1,1 Worker's Compensation Insurance at the statutory amotml as to all eniployces in compliance Willi lite "Workers' Componsotioli Lnw" of the State of Florida and all applicable federal laws. In addillon, the pollcy(les) must include: Employers' Liability at ale statutory coverage amount, Tito DEVELOPER shoil fbrther Insure that all of its Subconlraclors maininin appropriate levels of %Yorker's Compensation Insurance. 5.1,2 Comprehensive General Liability %vide minlntant limits of Two Milflou dollars ($2,000,000,00) per occurrence combined single limit for Bodily injury Liability and Propetiy Damoge Liability, Coverage must be afforded on it form no more restrictive Ilion the latest edition of [lie Comprehensive General Liability policy, without restrictive endorsements, as fled by the Insurance Services Office for ilia State of Florida, and must .include: 5. 1.2 (u) Premises and Operation 5.1.2 (b) Independent Contractors 5, 1.2 (c) Products and/or Completed Operations Hazard 5.12 (d) Explosion, Collapse and Underground Hazard Coverage 5,12(e) Broad Rorm Property Damage 5.112 (f) Broad Forin Contractual Coverage applicable to this specific Contract, including any ]told harmless and/or indemnification agreement. 5,1.2 (g) Personal. injury Coverage Willi Employee and Conlraetuai Exclusions removed, Willi minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 5.13 Business Au(onnobilo Liability With minimum limits ol'Two Million Dollars (,$2,000,000,00) plus an additional Two Million Dollar (52,000,000,00) tinibrella per occurrence combined single limit for Bodily Injury Liability and Proporty Damage Liability. Coverage must be afforded on a form no more restrictive than lice latest edition of the 13usinoss Automobile Liability policy, without restrictive endorsements, as fried by Cite Insurance Services Oftlee for the Slate of Florida, and niust include: 5,1,3 (n) Owned Vehicles, 5.1.3 (b) I•lired and Non Owned Vehicles Employers' Non - Ownership 5.2 Before starling the Work, the DI;VRI.,OPGR shall rite with (lie AGENCY certificates of such insurance, acceptable to the AGENCY, which must contain, nmong other things, ilia mane, address and telephone number of ilia insurance agent or broker Ihrough whom the policy was obtained, a provision adding the AGENCY as an additional named insured; Those cattificates shall contain a provisloli that the coverage ti rrorded under the policies shall not be canceled or materially changed rtniil al least thirty (30) days prior wrl(ten nollco has been given by the Insurer to ilia AGENCY by ccriiliied inall. The insurer shall be rated A.VII or better per A.M. Bast's Key Ruling Guide, latest edition and authorized to Issue insurance In file Slnto of Florida, 5.3 The DEVELOPER agrees that if any part of Ilia Work under ilia Contract is sublet, ilia subcontract shall contain ilia same Insurance provision as set forth lit section 5.1 and 5.2 above and substituting Ilia %vord SUBCONTRACTOR for ilia word D1iVPLOPCR where applicable; however, at the DEVELPER'£, discretion, the linnlis of a Subcontractor's Insurance may be Five Hundred Thousand Dollars ($500,000,00). 5A Fire and bxlended Coverage Insurance (Builders' Risk): The DEVELOPER shall maintain, ns applicable, In an Insurance Company or Insurance Companies -acceptable to ilia AGENCY, Fire, Extended Coverage and Vandalism & iviallcious misc)nief insurance on buildlogs and structures, while In ilia course of construction, including foundations, additions, altachmenls and all permanent Axlurcs belonging to and consilnuing a part ofsaid buildhigs or structures, The policy or policies shall also cover inachihery, if the cost ofmachinery is included in the Contract, or if (ho machinery located in a building flint is being renovated by reason of this contract. The amount of insurance must at ail rimes be at least equal to the actual cash value of ilia insured property. The policy shall be in the name of the AGENCY and the DEVELOPER, as their Interest may appear, and shall also cover the interests ofall Subcontractors performing Work. 5.5 'rho DEVELOPER shall provide the AGENCY with sallsfhctory evidence certifying that the foregoing insurance Is in force; and such evidence shall Include provisions nnmhig Ilia AGENCY as an additional named insured and providing that 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 mail, 5.6 Cancellatlon and Re- lasarnnco: if any notice of cancellation of insurance or change in the policy, given by The Insurance company or should tiny Insurance have an expirafion date that will occur during ilia period of ails Contract, .Iho DEVELOPER shall be responsible for securing other neoeplablo insurance prior to site)) cancellation, change, or explra(ian so as to provide continuous coverage as speallicd in this section and so as to mnintain coverage daring Ilia life of this Contract. 5.7 All deductibles must be declared by the DEVELOPER and must be approved by the AGENCY. At the option of the AGENCY, either the DEVELOPER shall climinale or reduce such deductible or the D>~VVLOPER shall procure a Bond, in a form satisfactory to the AGENCY covering the same. �«i PV4 4wi sila ,a °xI FY• QjJ m rxn N] LVn..L"fiJlr'Jln•3'n 9WN • a a.�nw] • � m ilrUt RCN• Y aV•tiIM S•f+Cl Ma/ aatitlrt�. to .se IJ1tJ Ip wrw.afzvr {� s>wrY6 • r..s .W 1L •'•xf rsrxrs. yr .trlr� l?5'x• Yr of m, • :A a)dS•'NI• 6: 33'Vt w�. w '� rvJ 4rfl �( )rJfNa1T¢i•p - -._ Tsc>r 3.0 VAJW- J'.7 77�• ' ?J V.Wd 4!'1MSe+n'•.J4.+ 'e7'i doI WfIl. I Sal.`rnl• NI 10?'N JaY3••SSt xyyyal:9ss�i5 iA'I/.r 4i.rx rt.. V/.1 .4il iW • BY Yl ' al16J • y'J VStl lW4. B7 SN�W1ox.:. .•-• rM.Yk 11i Q hltlBaLy •'i#1 JIG." T�V1y•VN �M Try'F h ]rY n. •'8'A ?tl irJ WNl ris'aJ •v'1'i s +a1fA• ?T9 UtVAV iiJ• NJ SIY.�lip :8y+ IM.eLV.H Hl 6V• 3'.91Vk�•.: k.M1'A471i•FI• YN CfJ 4Y!CLLCG]tlY• 'J! M � •� Sh'01171h3kf9Etl A,�r5T3It6 �iJ t3N?rJ3� !y{�V.�� • :.Y �.f.n.e5': Zr N SY:�lrl r i � i•, •3 �s ti 10, Vyofa PH j a,l 9Q� B u Jr' 5 r— F gig �I 30Mld 4169 MS R z I. ., 1 O y� j8 U,`A $A tl MIE MR gulp J� a� A pa It� ~ � §a Pit � 2S '� f �I �m q ym 4 6g s£u at x G} V7 v gulp J� Tj A pa It� ~ � §a Pit � 2S '� f �I �m q v D 4 6g s£u 5 I "HIM H IG h ��> Ili' 0 4aft Z 1' j! �e &l jjj ji g Y.�� y9 51 1 CD •E r � 7 5 y�zih� � �` �• = gSvA a � • � A tt B a «es F 3 ff r j, Sb� qS1 'Fig 99! W IM AW47 t FtmaK ft MOAHF & MOHFA Gn M HOMRS .` e youth Miami plan a Zez ng Department Ciry BaU, 6134 Sum et Drive, South lvhawu .Florida 3)1 13 Telephone; (305) 663 -6326; Fax: (305) 668 -7356 Applica ton For Ru -blie Hearing Befb ; Plaunkng Board & Cst. Comr,-IbAon Address. of Subject Proper fj —. 11 � ,, ,f e? Lot(s) Block Subdivision I 110eets P.B' - & Bcu:nds: N fr I Applicant., � (� a f �"'���i���L.� , Phone: .� r �l�•��! {'fff�il,7�' /r ��� ���� %i'1='rin:j���ii 1:�, C. /•ri�''�• Representative: v Organization: Address: Phone: Property Owner: Signatut Mailing Address: 71,60 Phone: Arch1tect/Engineer: ) �; �i /rte °f ✓�;'f• /f Phone: j ��)•� �70� � �V% Y'1 f AS THE APPL ICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: YOwner _Owner's Representative _Contract to purchase _Option to purchase _Tenant/Lesses APPLICATION ;IS HEREBY 111ADE FOR THE FOLLOWING: PLEASE CHECK THE APPROPRIATE ITEM, _ Text Amendment to LDC Variance Zoning Map Amendment _Special Use _ PUD Approval — Special Exception _ PUD Major Change _Other (Waiver of Plat) Briefly explain application and cite specific Code sections: .: Vii: �r' ^r'��.r' -�; ;� w ",��'r :� �'r °'rr. 1 f 13.�r(i F� € : * ?t,•r:�?,; �s 1//,�'� Y G ?C:-L •�pr . • -� rrp�...�1� it �ifwEs5�zc? �.r Jf�?y`/�t r�i�✓!C{� n�iiz�' ��`r �r'r tl✓i +L'}i of-Felc'E-, ole- j �C��4'!f "d j Y 4 w 4,- rs Section: Subs -ection: Page #: Amended Date: !SUBMI T T E,D I11ATERIALS PLEASE CHECK ALL THAT APPLY: 1r Letter of intent \j Justifications for change �! Statement of hardship Proof of ownership or letter from owner Power of attorney tiF Gontract-W-Rw4ese \4 Current survey (1 original sealed and t, �c signed /1 reduced copy r@ I V x 17 ") �! 15 copies of Site Plan and oor Flans 1 reduced copy 91" x 17" fhdavit Receipts attesting to me ices sent Mailing labels (3 sets) and snap andrrr?rl fiw� F The undersigaed has read this comppleted application and represents that the information and all submitted materials are true and cozTact to the best oz the applicant's Imowledge and belief r(' r /r rr,.• � il�, %fL • �. L,0., � � 'i1 ,App ,i Cal 's Signature and title wmrt Name Date Upon, receipt, applications and all submitted nt`terials wniE be reviewed for compliance With the Land Development Code and other applicable re�ons. Applications Sound not in compliance will be rejected and reWmed to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing — Date of Comn ission— Petition Requiread Petition Accepted Method of Paymeat 4II6/09:atrV.b=sT -R Applicatioa for "lib!ic fiea:ing (Revised 2009).dcc _17, Mfr (. II�i: O I SO M1AN'1I� i, i MW 31 PILANNING11 d { � it �l�iil' � l € 111ii; w'ilf'lllll'S; Excerpt. ,].y l Clllcll v,` 1 , 012 �" i G- �f =� u rs ,U FRI 7:30 N City of .South Miami Ordinance No. 08 -06- 1876 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44 -08 -1979. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all - legislative, quasi-judicial and administrative action. 1. 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 H. 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 -003 Applicant: Miami -Dade Affordable Housing Foundation Location: 5928 SW 66th Street The applicant is requesting a variance from Section 20 -3.5 of the City's Land Development Code; requesting a variance of ten (10) 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. 5928 SW 66th Street: Mr. Vitalini read the item into the record. Z: \PB \PB Minutes \2012 Minutes \January \PB -12 -003 Draft Meeting Minutes Excerpt - 01- 31- 12,doc Page 1 of 3 Mr. Brimo presented the item to the Board. The Chairman opened the public hearing, NAME ADDRESS SUPPORVOPPOSE Christopher Rambo 5918 SW 66 Street Support Mr. Rambo stated that the subject property is adjacent to his parents' house, and stated that his family's perception of this item is that the house will be ten (10) feet closer to the street. He also stated that because the subject lot is smaller, the house on the property will be a small as well, which would not be in character with the neighborhood. He also asked for a better understanding of the proposed variance. Mr. Cruz asked if the applicant receives the same package that the board members get. Mr. Brimo stated that properties in the area only receive a public notice in the mail. Mr. Brimo explained the reason for the variance. He stated that the minimum frontage for the RS -4 zoning district is sixty (60) feet. When the property was platted in 1918, it was only platted with a frontage of fifty (50) feet. Therefore, in order for someone to building on the property, a variance of ten (10) feet would be necessary for someone to building on the property. Mr. Brimo then stated that even though the applicant is asking for a frontage variance, the property still must comply with the setback impervious coverage and building coverage requirements for the RS -4 zoning district. Mr. Dundorf asked if the property was previously owned by Mr. Rambo, of which he stated no. Mr. Dundorf then asked if the property has always been vacant, of which Mr. Rambo stated that a "shotgun house" use to reside on the property. However, due to neglect, it was eventually demolished. The Chairman closed the public hearing. Motion Mr. Cruz motioned to approve. This motion was seconded by Dr. Whitman Mr. Dundorf stated that he voted for PB -12 -001 and PB -12 -002 because he felt that the smaller home that was proposed was in accordance with the character of the neighborhood. He then stated that in the case of PB -12 -003, it appears that the applicant is trying to fit another home on the property that would be smaller than what is normally seen in the neighborhood. He then stated that placing a house on that piece of property would give the appearance of crowding the neighborhood. Mr. Dundorf then asked Mr. Brimo if there was a way for someone to build a home on the property that was more in character with the neighborhood. Mr. Brimo stated that the only option available would be for someone to purchase the adjacent property so that they could be combined. Mr. Dundorf asked Ms. Manning if the Miami -Dade Affordable Housing Foundation obtained this lot from the CRA in the same way they did for the other properties. Ms. Manning stated that the property appears to be narrower due to the overgrown vegetation. She then stated that once the lot has been cleared, they will attempt to save a majority of the vegetation and place the house in the back, due to the fact that it is a deep property. She then stated that nothing will be pushed onto the neighbors' house. Z: \PB \PB Minutes\2012 Minutes \January\PB -] 2 -003 Draft Meeting Minutes Excerpt - 01- 31- 12.doc Page 2" of 3 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 November 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 b, 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 VT. 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 -003 Draft Meeting Minutes Excerpt - 01- 31- 12.doc page 3 of 3 ivy Vs2 m x'53 y: jn it 9 �$ A�. �s dill -} aj MITI a r "� �ryp rigs '$ W> Y.. aN T:S F. � �ro !� �CCAAroSyhg al 1 1y '� -: C � WSJ •n tci Y'3 C m m $i N ?U MIyy LLIT �g qAqd a�gv2E N p]yF9 cw• yy �L.9 � �9e c° i.oro tZ qvy� gno3 ¢ j U a �'H y� v W 5y� "f QT3E 3j G .�0���� QW 2Vi 9 �O.S .S KVp pyc •C �! p Q�' C) LLLL. (urj :s W WJ qis NW �x(.0 N q lNS ��@p N I kU o F * Z VNU rn1. Q N J C ¢ y LLU X9 .7W -� ¢ 6 tip U 28S.E I SUNDAY, FEBRUARY 12,.2012 sE CALENDAR, FROM 125E Second Ave,. Little Haiti. 91835: Play bingo to benefit Ariar 305.762.3M83. www.seasons.org. Children's Hospital near northern Florida acid veterars' organization a.m. Feb. 15; 10 a.m. Feb. 16; 1Q a.m. CLUBS • particularly hornesless veterans. Feb. 17, Seasons Hospice & Palliative 7 pxm Feb. 15. Elks Lodge 1835, care of South Florida, 5200 NE - Bingo for Charity at Elks Lodge 12495 NE Second Ave., North Miai x� ,CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that 'the City. Commission. of the City of South Miami, Flori[ .will _conduct Public Hearings at its regular City Commission meeting schedbled fi Tuesrl yr F iaruary 21. 2ti12.' 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 (PSC) for the non- exclusive license to use CryWolf a software application designed to assW In false alarms with no capital inveitmenf required. A Resolution auffiorizing the City Manager to enter into an agreement with Paychex, Inc to provide payroll services integrated software solution. 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 Services Account, #001 -1910- 521 -3450. A Resolution authorizing the City Manager to enter into a five -year Performance Based Audit Contract with Adva]on 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 iicensure and operation of a nurses training facility located at 6140 SW 70 Street, that is incidental and subordinate to the main hospital operations, A Resoiutlon of the Mayor and City Commission, relating to a request for a variance from Section 20- 3.5(E) of the Land Devetopment 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. A Resolutlon relating to a request fora variance ffom Section 20-3,5(o of the Land Development Code, to allow the lot size of Via building site to be 5,875 square feet, where a minimum lot size of 5,000 square feet Is required; and tp allow 50 fept of frontage where 60 feet is required; on property. located at 6477 SW 60th Avenue, South, Miami, Florida' within the RS -4 toning 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 dne- story, LEED (silver) affordable single family residence within the City's Community Redevelopment Area. . A Resolution authorizing ih'e, 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 �tty Hall. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office 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 mai by this Bead, Agency or commission with respect to any matter considered 6t its meeting or hearing, he or slie will ner a record or the proceedings,, and that for such. pgrpose, affected person may need to ensure that a verbatim record of If proceedings is made which record includes the testimony and evidence upon which the appeal is to be based.