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Res No 076-12-13633
RESOLUTION NO. 76 -12 -13633 A Resolution relating to a request for two variances 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 and a variance of 125 square feet to minimum lot size of 6,000 square feet, to construct LEED Certified affordable housing on a nonconforming lot of record in an RS -4 zoning district. 6457 SW 60th Avenue, within the City's Community Redevelopment Area. WHEREAS, the Community Redevelopment Agency donated and conveyed the title of the property to the Miami -Dade Affordable Housing Foundation to construct a new LEED Silver certified, affordable single family residence; and WHEREAS, the property is a non - conforming lot of record requiring a variance in order to construct the new single family residence; and WHEREAS, application No. PB -12 -006 was submitted to the Planning Board by applicant Miami -Dade Affordable Housing Foundation; said application requesting approval of two variances from Section 20- 3.5(E) to permit the construction of a new one - story, LEED (silver) affordable single family residence within the City's Community Redevelopment Area to allow the lot size of the building site to be 5,875 square feet, where a minimum lot size of 6,000 square feet is required; and to allow 50 feet of frontage where 60 feet is required; on property located at 6457 SW 60th Avenue, South Miami, Florida, within the RS -4 zoning district; and WHEREAS, the approval of a variance requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, at its March 13, 2012 meeting the Planning Board, after public hearing, voted 6 ayes 0 nays to recommend approval of the variances requested; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board, NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The recitals set forth in this resolution are true, that they are supported by competent substantial evidence and that they are incorporated into this resolution by reference. Section 2. That the subject application submitted by applicant Miami -Dade Affordable Housing Foundation, requesting approval of the variances from Section 20- 3.5(E) to permit the construction of a new one - story, LEED (silver) affordable single family residence on a vacant lot with the lot size of the building site to be 5,875 square feet, where a minimum lot size of 6,000 square feet is required; and to allow 50 feet of frontage where 60 feet is required; on property located on property within an "RS -4" Single Residential Zoning use district, specifically located at 6457 SW 60th Avenue is hereby granted Pg. 2 of Res. No. 76 -12 -13633 Section 3. If the variances are approved, then the approval of the requested variances shall include Exhibit A, Site Plan by Architect Steven Luria AIA, dated 12 -10 -2011, for proposed residence at 6457 SW 60th Avenue is incorporated herein. Section 4. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 3rd , day of April , 2012. APPROVED: MAYOR COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM To: The Honorable Mayor and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager 1 From: Christopher Brimo, AICP� Planning Director Date: April 3, 2012 SUBJECT: ITEM No. A resolution related to the request for two variances from Section 20 -3.5 of the City's Land Development Code. 1. requesting a variance of ten (10) feet from the required sixty (60) foot lot frontage, and 2. requesting a variance of 125 square feet to minimum lot size of 6,000 square feet, to construct LEED Certified affordable housing on a nonconforming lot of record in an RS -4 zoning district. 6457 SW 60th Avenue, 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 fontage in order to construct anew affordable single - family residence on a vacant lot located at 6457 SW 60th 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. On March 13, 2012 the applicant went before the Planning Board (PB -12 -006), and after a public hearing and public comment, the Board made a motion to approve the request by a vote of 6 ayes, 0 nays. APPLICABLE REGULATIONS (See ATTACHMENTS) • Land Development Code Section 20- 3.5(E) Dimensional Requirements STAFF OBSERVATIONS (a) The applicant is proposing to build a new 3 family residence on the referenced site. The requirements of the development code and Enviromnental Review and Preservation Board the Planning Board and review and approval by bedroom, 2 bath, 1,570 square foot single proposed development meets the other will require an appearance before the following review and recommendation 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 area /frontage variance is necessary to use the property. 2. Denial of the variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance when applied to a particular property, becomes arbitrary, confiscatory or unduly oppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions; A denial of the variance would be an oppressive hardship on the owner by preventing the property from being used or built upon. 3. The extraordinary conditions and circumstances do not result from the actions of the applicant; The property was a non - conforming platted lot of record prior to being transferred to the current owner, 4. The requested variance(s) is the minimum variance necessary to make possible the reasonable use of the land, building or structure; The granting of the requested variances 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 aeneral intent and puraose of the Land Development Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The approval of the variance is consistent with the City ;s objective to provide affordable housing within the Community Redevelopment Area, and will allow a vacant property to be used and . for the City to receive property tax and other revenues. In addition the proposed use is the type of use consistent with the RS- 4 zoning district and will be compatible with the abutting and .surrounding properties. These objectives are consistent with the stated objectives of the adopted comprehensive plan, community redevelopment plan and land development code. The variance requested will have no impact on surrounding properties. RECOMMENDATION It is recommended that the Commission approve the request of the lot size / frontage variances, with the conditions that the structure is constructed in accordance with the agreement between the South Miami Community Redevelopment Agency and the Developer. Section 20- 3.5(E) DIMENSIONAL REQUIREMENTS SINGLE - FAMILY RESIDENTIAL DISTRICTS - ONE -STORY Min. Lot Size RS -4 Net Area (sq. ft.) 67000 Frontage (ft.) 60 Min. Yard Setbacks (ft.) Front 25 Rear 25 Side (Interior)a 7,5) Side (Street) t 5 Max. Building Height Feet 25 Max. Building Coverage ( %) IFirst floor 30 Max. Impervious Coverage 145 Attachments: Application Location Map Letter of Hardship /Intent LDC Section 20- 3.5(E) Warranty Deed Agreement between the Developer and the SMCRA Copy of Public Notices Survey Site Plan Specifications Draft Planning Board Minutes Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING 4/3/2012 in the XXXX Court, was published in said newspaper in the issues of 03/23/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement foxpublication in the said newspaper. 7 ) Sworn to and subscribed before me this 23 day of MARCH , A.D. 2012 (SEAL) V. 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AtlMN21Vd J,l dsv ,s: (vam) 1 0'05 ear* los'o tot- 4 w t ;1N3.Vd �TINJSV: kz :: .. .. ........::::::::::::::::::::: i South Miami CITY OF SOUTH MIAMI To: Honorable Chair & Planning Board Members ai From: Christopher Brimo, AICP Planning Director 9 Date: March 13, 2012 Re: Variance Request 6457 SW 60th Avenue - RS -4 Zoning district Applicant: Miami -Dade Affordable Housing Foundation Location: 6457 SW 60th Avenue The applicant is requesting two variances from Section 20 -3.5 of the City's Land Development Code. 1. requesting a variance of ten (10) feet from the required sixty (60) foot lot frontage, and 2, requesting a variance of 125 square feet to minimum lot size of 6,000 square feet, to construct LEED Certified affordable housing on a nonconforming lot of record in an RS4 zoning district. 6457 SW 60th Avenue 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 6457 SW 60th 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 RS4 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 RS4" 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. AP.PLICAl3LE,1 EGULATIONS GSee ATTACH]MIENT� • Land Development Code Section 20- 3.5(E) Dimensional Requirements STAFF OBSERVATIONS (a) The applicant is proposing to build a new 3 bedroom, 2 bath, 1,570 square foot single family residence on the referenced site. The proposed development meets the other requirements of the development code 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. 2. specific property; The requested lot area /frontage variance is necessary to use the property. ..... ..- .. ... ...... _..... .. .,.._ .. ......._. % A denial of the variance wound be an oppressive hardship on the owner by preventing the property from being used or built upon. 3. The atia' (5 tlrntiry c, hditioits' >and ciicuatistthos do< not result frra`n� the actions :of 1'e' applicant; The property was a non - conforming platted lot of record prior to being transferred to the current owner. 4,. The tequested variance ;iS the mutinitmv var'itnce necessary ''tb make-4 possible tl5d reasonable use of the land building or structures The granting of the requested variances 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 caatsastcnt with the general intent and pur op se -of the Land 17evslopntent.`Code, find will not be in "uri ofherwise detrimental to thonublic welfare. The approval of the variance is consistent with the City's objective to provide affordable housing within the Community Redevelopment Area, and will allow a vacant property to be used and for the City to receive property tax and other revenues. In addition the proposed use is the type of use consistent with the RS4 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. RECOi1%II ENDATION It is recommended that the Board recommend approval of the lot size / frontage variances, with the conditions that the structure is constructed in accordance with the agreement between the South Miami Community Redevelopment Agency and the Developer. Section 20- 3.5(1) DIMENSIONAL REQUIREMENTS Attachments•: Application Location Map Letter of Hardship /Intent LDC Section 20 -3 .S(L) Warranty Deed Agreement between the Developer and the SMCRA Copy of Public Notices Survey Site Plan Specifications Z* \PB\PB Agendas Staff Reports \2012 Agenda Staff Reports \3- 13- 12\PB -12- 006_6457 SW 60 Ave1PB -12 -006- Variances 6457 SW 60 Ave.doe pity of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 668 -7356 Application For Public Hearing Before Planning Board & City Commission The undersigned has read this comppleted application and represents that the information and all submitted materials are true and correct to the best of the anDlicant's I owledee and belief. � yq ? ry +y No Print Name -r Date Upon receipt, a plications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY, Date Filed Date of PB Hearing _ Date of Commission Petition Required Petition Accepted Method of. Pavnient for Public \'J City of South Miami — Location Map PB42 -006 - Variance 6457 SW 60th Avenue 'SFr .e-ti< i li MIAMi-DADE AFFORDABLE HOUSING • D' • MIAMI -DADE AFFORDABLE HOUSING FOUNDATION, INC. February 22, 2011s Christopher Brimo, AICP Planning Director Planning and Zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: Variance requests for 6457 SW 601h Avenue (Lot 5, Block 1, Franklin Subdivision, PB 5 -34) Dear Mr. Brimo: Miami -Dade Affordable Housing Foundation, Inc. hereby requests two variances 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 6457 SW 60`h Avenue, within the "RS -4" single family residential zoning use district. The first variance request is to allow a 50'. frontage where a 60' frontage is required. Properties in the plat which was recorded in 1918 are non - conforming and have 50' frontage. The second variance request is to allow development on the lot which has 5,875 square feet where 6,000 square feet is required. The property was platted 50'x 120' or 6,000 square feet in 1915, but 2.5' was taken later from the west side, reducing its total lot size to 5,875. Development of the property will not happen without the approval of these variances. The property was donated to the Foundation by the City of South Miami CRA to build affordable housing for low- to moderate - income families. As it is a goal of the City to provide affordable housing, we ask that this variance be approved. Thank you for your consideration,:: Sincerely, 1� 1 l d PEI I A,. Jon es Executive Director A NOT -FOR- PROFIT 501(c)(3) CORPORATION 7300 NW 19 Street, Suite 502 Miami, FL 33126 Phone: 305 -471 -9750 Fax: 305 - 471 -9754 Email: mdahfi @bellsouth.net This instrument was prepared by: Thomas F. Pepe, General Counsel City of South Miami Community Redevelopment Agency 1450 Madruga Avenue, Ste 202 Coral Gables, Florida 33146 Property Appraisers Parcel Identification (Folio) Number: WARRANTY. DEED. THIS INDENTURE, made this _13f' day of February, 2012 between City of South Miami Community Redevelopment Agency, a community redevelopment agency of the City of South Miami, a Florida municipal corporation, whose address is 6130 Sunset Drive, South Miami, Florida 33143 (hereinafter referred to as Grantor or "Agency ") and Miami -Dade Affordable Housing Foundation, Inc., a Florida non -profit corporation (hereinafter referred to as Grantee or "Developer"). WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars ($10.00), or other good and valuable consideration in 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 5 BLK I of FRANKLIN SUBDIVISION less the West 2.5 feet, according to the Plat thereof, as recorded in Plat Book 5, at Page 34, of the Public Records of Miami -Dade County, Florida thereof a /k/a 6457 SW 60 Ave., South Miami, Florid (herein after known as the "the Property "). THIS CONVEYANCE IS MADE SUBJECT TO conditions, restrictions, limitations, and easements 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. THIS 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 Property with the Improvement shall be sold to someone who meets the Agency guidelines and whose household has earnings at or less than 120% of the Average Median Income as Pagel of 5 established by United States Department of Housing and Urban Development ( "HUD ") for Miami -Dade County (as set forth in the attached Exhibit A or as amended by HUD) and as adjusted for the size of the purchaser's family, for affordable housing purchasers and who shall hereinafter be referred to as " SMCRA Qualified Purchaser ". At such time, the Developer shall be responsible for the review and selection of low to moderate income applicant home buyers in accordance with all applicable Federal, State and County and local law and with Agency final approval. However, the Developer shall prioritize applicants as follows: a. Low-income (in accordance with HUD guidelines) SMCRA residents; b. SMCRA residents whose family income is 120% of HUD guideline, or less, for median income families; C. Low - income (in accordance with HUD guidelines) City of South Miami residents; d. City of South Miami residents whose family income is 120% of HUD guideline, or less, for median income families; e. City of South Miami Role Models, as defined by the South Miami Community Redevelopment Agency's Role Model Program, as amended, which program is incorporated by reference into this Deed and whose income is equal to or less than 120% of HUD guideline for median income families; f. South Miami Community Redevelopment Agency Referrals whose income is equal to or less than 120% of HUD guideline for median income families; g: City of South Miami Residents whose income is equal to or less than 120% of HUD guideline for median income families; h. Miami -Dade County Residents whose income is equal to or less than 120% of HUD guideline for median income families; and i. General Public whose income is equal to or less than 120% of HUD guideline for median 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 date of this deed or one hundred eighty (180) days from the date of issuance of a building permit from the applicable authority having jurisdiction, whichever is the shorter period of time. 3. Promptly after completion of the Improvements in accordance with approved plans and provisions of this instrument, the Agency, upon receipt of a Certificate of Occupancy from Miami -Dade County and the completion of all repairs and warrantee work and the expiration of the warrantee period, shall furnish the Developer with an appropriate instrument certifying to the satisfactory completion of the improvement. Such certification shall be in a form recordable in the Office of the Clerk of the Circuit Court of Miami -Dade County, Florida. 40 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 ( "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 reentry hereunder shall be subject to and limited by, and shall not defeat, render invalid, or limit in any way, the lien gfsuch mortgage. For purposes of this paragraph an "institutional lender" shall mean any bank, savings and loan association, insurance company, foundation or other charitable entity, real estate or mortgage investment trust, pension funds, the Federal National Mortgage Association, agency of the United States Government or other governmental agency. d. All qualified mortgages as defined above in subparagraphs a., b., and c. shall be 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 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 disadvantage to the AGENCY. e. Liens that are timely transferred to a bond within 30 days from the date that the lien is recorded. 6. Developer shall not change the ownership or distribution of the stock of the Developer or change the parties in control of the Developer or the degree thereof while the 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. 81 In the event the Developer shall violate or otherwise fail to comply with any of the covenants set forth herein, the Developer shall correct or cure the default/violation within thirty (30): days of receipt of notification of the default sent to it by the Agency. Notification may be sent by United States mail to 7300 NW 19� Street, #502, Miami Fl 33126, e-mail to anne.manning @earthlink.net, or facsimile transmission to 305471 - 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 fails to construct a residence and obtain the required > Certificate of Occupancy or Certificate of Completion within the time required by this deed, the Grantor shall have the right, but not the obligation, to cause Developer 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 Property. All improvements made on the property shall be retained by the Grantor in full satisfaction and liquidation of all damages sustained by the Grantor, and the Grantor shall have the right to reenter and take possession of the premises and seek such self - help remedies as shall place the Grantor in exclusive possession of the premises. If, at the option of AGENCY, the AGENCY request that the Developer re- convey the Property and if, for any 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 99 Upon transfer by warranty deed to the Developer, Developer agrees that any sale of the property shall be to an affordable housing purchaser as defined in paragraph 1 above and the purchasers shall be obligated to comply with the Agency deed restriction requiring the property to be purchased by a qualified affordable housing purchaser as previously defined, and any sale of the property over the next 15 years shall require sale to a subsequent qualified affordable housing purchaser as previously defined in paragraph 7 above. Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year STATE OF FLORIDA ) ) SS COUNTY OF MIAMI -DADE ) Grantor City of South Miami Community Redevelopment Agency J. BY: SEAL 171a0i Stoddard, as Chairperson I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared, Philip K Stoddard, the person described in and who executed : the foregoing Warranty Deed between City of South Miami Community Redevelopment Agency and Miami -Dade Affordable Housing Foundation, Inc., acknowledged before me that he executed the same, and who presented as identification the following: and he did take an oath (or affirmed). WITNESS my hand and official seal in the County and State last aforesaid this day of February, 2012. NKENGA A. PAYNE MY COMMISSION S EE133382 EXPIRES October 05, 2015 Page 5 of 5 AGR) EiiMENT )3)io'1°WBXN M, AND THE CITY $0rU H MIr1 x11 A. COIvLM NITY REME� t L01'1%1'E, N AGENCY 1'ItiS AG I �y1 UT 'ts made: this ff&� day of November, 2011, between the South Mwibi con-Ullunlity I2eclevelopment Agency ( "AGENCY ") and Miami -Dade Affordal?l llousiig T��znclatio, Ire.: ( "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 Istti ldat'ds ; to pyepars 411 b the construction documents, including but not limited to the 1? arts,? woak in' tlt•aw igs, and specifications; to obtain all necessary permits for the;.constzuction ofa si�ale; family home on each of the properties identified in i lb 3t C; to ntaaket the"bomes, to provide HUD/ SMCRA Re- Development Plan approved h'oihebuyers (18N qti i�iccl bttyers ") with counseling and to assist potential b iye�s 1 cluali'fying ibr subyzdxe bird Citlaft.6ino. from lending institutions foz j >ez�a� Went nt1ncin an try: dti.all : hiDgs »ecdss xy,l.o complete construction of all aftho'l lmos`:ita question at.ci: to seal:the h fizzes to::SNICRA qualified buyers; and WHEREAS, AGENCY qualified potential buyers will be selected in accordance with applicable Federal, State, County and local laws and guidelines; and WHEREAS, the AGENCY is the curretzt oi� (IPI9 of tti:e pzolaerty Iksced:on Exhibit C, having acquired the properties for the porpos .of pzovr iii�g iairfardable horsing and to eliminate the blight within the alt i l:a>tnciat ies; and, WHEREAS, AGENCY has elected to enter into this Agreement with the DEVELOPER to provide affordable housing to AGENCY residents; and WHEREAS, the DEVELOPER proposes to construct homes on the Property consisting of single family residential home together with all appurtenances, fixtures; and improvements ( "Improvements ") as set forth in the Development Plan that is attached to this Agreement as B xhibit D -I, D -2 and D,3 as may be amended; and Wf 1 SAS`; the 1)LVFLCjP R has agreed to construct the affordable home W. 1 h. the dcSi ,i�W0. sales price for eileh home not to exceed Two Hundred Five T,hpusai Dollars ($205,000.00) or cost plus five percent (5 %), whichever is the less`ez! an punt; ancl` Page I of 14 X Agency i t y DL ELOPER I J 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 ( "PitlD ") for Miami -Dade County (as set forth in Exhibit F or as amended by HUD) and as adjusted for the size of the purchaser's family, for affordable housing purchasers and who shall hereinafter be referred to as "SMCRA Qualified Purchaser ". In addition, the DEVELOPER agrees that any sale ot• 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 Exh }blt F, and who shall hereinaf3er 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, TIMi RE FORE, 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: Sect ;.; Rccttnls Whez°cas C(x uscs the gait s acknowledge and agree that:tlie recitals contatiiecf: witliz: tlae " . 0`-m uvlter��� pluse, set forth above, are true and *a ad drat they: axe lebyrt:atai`ted by eference into this Agreement. The follow g.list of doawlents 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 E, xhibit B; Legal description of the parcel found in Exhibit C; Project drawings, plans, specifications and schematics described in Exhibit Uwx, D�2 and D 3 as may be amended in conformity to this Agreement; Insurance requirements found in .Exhibit E; United States HUD (hereinafter referred to as "HUD ") Affordable Income Guidelines as found in Exhibit F. Page 2 of 14 Agency DEVELOPER Section 2. Title and Re-conveyance. The AGENCY agrees.to provide the DEVELOPER with title to specific land identified in the attached Exhibit C, provided DEVELOPER constructs and provides a single family home for a qualified affordable housing recipient for each of the properties listed in Exhibit C. The Agency agrees that the lots shall be vacant of all structures at the time of conveyance to the DEVELOPER The AGENCY shall transfer title of the lots to the DEVELOPER by warranty deed in the form as found in Exhibit A. In the event that there is a defect or cloud (hereinafter referred to as a defect) an 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 DEVEEOPER 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 condition. Upon such re "conveyance, whether voluntarily or involuntarily, the re- conveyance shall constitute the DEVELOPER's agreement to a change of contractor and assignment of any and all perml ts, that the DEVELOPER has obtained, to a successor contractor chosen by the Agency for the completion of the project, and to hold harmless Miarni -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 aiid 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 forth in Exhibit D -1, D -2 and D -3, or as may be amended, including a finished grade and landscaping comprised of topsoil and grass covering exposed ground and at least two (2) trees the type and placement of which are to be decided by the Agency. The plans and specifications, including landscaping plans, must be approved by the AGENCY, the City of South Miami's Planning and Zoning " Departmerit`aiid its Building Deoartment, as well as "by the Miami -Dade County Building and Zoning Departments before construction can commence. The DEVELOPER shall not be required to construct a home on the smallest of the six proposed lots and said lot shall not be conveyed to the DEVELOPER unless the AGENCY pays for the cost of redesigning the home for this lot, from a three (3) Page 3 of 14 . �1 Agency DEVELOPER bedroom, two (2) bath to a two (2) bedroom, one and one half. (1 -1 /2) bath. The Improvements shall be constructed in accordance with plans and specifications (attached as Exhibit D -1, D -2 and D -3), and as tray be amended. The Development Plan, as well as the plans and specifications, must be approved in writing by the AGENCY before the warranty deeds are executed and recorded. In the event that the Development Plan, or any of the building plans and specifications, is not approved by the AGENCY in its sole and absolute discretion, then the AGENCY, at its option, may terminate this Contract without incurring any liability to the DEVELOPER. Section 4. Sale of Homes. The AGENCY shall convey the parcels identified in Exhibit C, provided DEVELOPER covenants to in nnediately sell the home, upon completion of construction, to a SMCRA Qualified Purchaser. Section 5, Term. The construction of the residential home on each lot shall be completed within twelve (12,) months from the date of this Agreement or within twelve (12) months of the date of the delivery of the deed for the lot in question, whichever is the greater amount of time, or one hundred eighty (180) days from the date of issuance of a building permit for said,l'ot frotn,tlte:apltetrbl autjaoiity hvit% jurisdiction, whichever (either the twelve (12) 0h,',itl s or the otteFlaundrCd i ltty' (1"80) days is the..shorter pei`iod of time,, 7q$.Joft.thtl C01.066zi of tlj s schecl alo, t7tty land conveyed to DEVELOPER for which thts DEVI�I�OPEl� has bt cotts;ttuete�: single- family home in compliance with this Agreement sltalI be returned and re- conveyed to the AGENCY so as to be made available for another AGENCY affot'Gial�le;l ou ing pt'oject,. DE L{�PMAgrees to use its best efforts to complete the Project within c schedule. Xn the t vetit the Project is not completed within this time fr.o.me; rt the scil dtile is n6(oxtelAed by the AGENCY, this Agreement shall terminaete v i'tltouk'i txy liability to the A' CY. In such event, the DEVELOPER shall re- convey all of the property upon which a folly 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 13. Section 6 C.tn tatice with3ttildin :Cr tides:_ The Project shall be performed in accordance with: tlte- App In. - la' code.; or�Itt�4tiCe`s and statutes of the State of Florida, the City,' ofSottth lvtanna'and 1atii -Dade County. - Section' 7: tUnetidtnents, Any amendments, alterations, or varlat'ions to this Agreement will only be valid when they have been reduced to writing and duly signed by the parties. Page 4 of 14 1 L Agency L 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 return of the property in substantially the same condition as provided to DEVELOPER. Accordingly, the DEVELOPER agrees that the AGENCY shall not be liable for any claim or da►riage in connection with the Project in excess of the AGENCY's maximurn 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 prejudgment interest. Section 9. Continued Compliance. After any payment, if any, is made by the Agency and Applied according to the requirements set forth_ in this Agreement, the Agency shahl e automatically icy sc}iarged from any'ancTall obligations, liabilities and commitments to DEVELOPER or any third person or entity provided, however, that this Section shall not excuse the continued compliance by DEVELOPER with the terms of this Agreement and the program requirements. Seetioii 10. Right to Reenter and Take Possession of the Property. The AGENCY has the right, at its election to take possossion of the Property with all improvements thereon and terminate the Agreement if the DEVELOPER; (i) Earls 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 rnajeure 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 he li eni;e 'of the'DEVELOPER, g g (iii) hails 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 lil 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 constniction 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 (ISO) days after receipt of the construction permits for the applicable lot. Section 11, Risk.gf Loss. Risk of loss by fire or other casualty shall be the DEVELOPER's and the DEVELOPER agrees to maintain adequate insurance for a sum not less than the full replacement value of the }comes to be constructed. The DEVELOPER shall not commence work under this Agreement until it has obtained and submitted proof of all insurance required by the AGENCY, including the A nsurance requirements set forth in Exhibit E. Section 12. Independent Contractor, The DEVELOPER, its employees and fp 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 matters including but not limited to the following: (i) Claims of lien against the Property or the DEVELOPER regarding the Project provided such liens are not bonded off as allowed by law within thirty (30) days of its recording. (ii) Failure of the DEVELOPER to make timely payment(s) to subcontractors or suppliers for materials or labor regarding the Project unless the DEVELOPER has reasonable grounds to withhold payment. -" (iii) Reasohable evidence that any portion of rlie Project cannot be completed for the unpaid balance of the construction loan. (iv) Failure to carry out any portion of the Project in accordance with the Contract Documents. Page 6 of 14 Agency DEVELOPER (v) Failure by DEVELOPER to start construction within six (6) months from the (late of this Agreement or to complete the homes within one hundred eighty (180) days from the (late of issuance o #'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 Miami -Dade County, Florida, and shall be subject to Florida law. Sect: 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 frorn 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. Seetio,ri 16., Representations and Covenants. DEVELOPER hereby represents and warrants to the AGENCY the following: (i) DEVELOPER is a corporation duly organized, validly existing and in good standing under the laws`of the'State of Florida. There are no proceedings or actions pending, threatened or contemplated against the DEVELOPER including but not limited to any action for the Liquidation, termination or dissolution of DEVELOPER. Page 7 of 14 Agency DEVELOPER (ii) DEVELOPER shall apply for construction permits within 30 days from the effective (late of this Agreement or within 30 days of the date of the delivery of the deed for said lot, whichever is the greater amount of time. (iii) DEVELOPER covenants and agrees that it shall cause the Property to be developed in accordance with the building plans that are to comply with the City's Code and are to be approved by the South Miami Planning and Zoning Department, its Building Department and the Miami -Dade County Building and Zoning Department and any other agency having jurisdiction over the approval of building plans and the development of property. (iv) DEVELOPER shall complete construction of the home on each of the lots within twelve (12) months from the date of this Agreement or within twelve (12) months of the date of the delivery of the deed for the lot in question, whichever is the greater amount of 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. (v) DEVELOPER covenants and agrees that the property shall be sold to SIVICRA 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 resale of the property shall require sale to a Subsequent SIACRA Qualified Purchaser. This provision shall survive termination of the Agreement. (vii). Warran : The Developer shall repair or replace all work performed and materials and equipment furnished that were not performed in a workmanlike fashion or not furnished in accordance with the terins of the Contract and Contract Documents, and shall snake good all patent defects thereof that have become apparent before the expiration of one (1) year from the date of the issuance of the Certificate of Occupancy. Nothing contained in this Agreement shall limit the Agency from enforcing the warranty for latent defects discovered more than one (1) year following 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 tithe, the AGENCY shall so notify the Developer in writing. If the Developer refiises or neglects to commence such work Page 8 of 14 Agency DEWELOPER within five (5) days from 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 done by others and the cost thereof shall be paid by the DEVELOPER or its Surety. Section 17. Termination without Cause. The AGENCY is conveying the. Property to DEVELOPER as part of the AGENCY's program to produce residential property within the City of South Miami Community Redevelopment Agency boundaries. As part of the consideration for transfer of the Property, DEVELOPER has agreed to build an affordable house, as previously defined, on each of the lots being conveyed and to obtain a certificate of occupancy within twelve (12) months from the date of this Agreement or within twelve (12) months of the date of the delivery of the deed for the lot in question, whichever is the greater amount of time, or one hundred eighty (180) days from the date of issuance of a building permit for said lot from the applicable authority having jurisdiction, whichever (elther the twelve (12) months or the one hundred eighty (130) days) is the shorter period of time. The DEVELOPER may be granted one extension of time, for no more than four (4) month, to complete construction upon delivery of a written request to the AGENCY Dit•ector 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 survive the closing and transfer of title to DEVELOPER. Section X8. Force Maieure, Neither party shall hold the other responsible for damages or for delays in performance caused by force rnajeure, acts of God, or other acts or circumstances beyond the control of at party or that could not have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances shall include, but not be limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties shall use their best. efforts to overcome the difficulties and to resume the work as soon as reasonably possible. Section. 19, Independent Contractor. DEVELOPER, its employees and agents shall be deemed independent contraotoes and not agents or employees of AGENCY, and shall not attain any rights or benefits generally afforded AGENCY employees. . Section 20. Notices. All notices, demands, correspondence and communications between the AGENCY and DEVELOPER shall be deemed sufficiently given under the terms of this Agreement if sent by facsimile transmission, e -mail, or dispatched by registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If' to the AGENCY; Director, Stephen David South Miami Community Redevelopment Agency 6130 Sunset Drive Miami, Florida 33143 Fax: 305- 668 -7356 E -mail: SDavid @south-miamifl.gov If to DEVELOPER: Anne E. Manuring 7300 NW 19'x' Street, 4502 Miami F133126 Fait 305 -471- 9750 E -mail: anne,manning @earthlink.net Section 2l, Purchasers, It is agreed that all qualified buyers shall be require sign a mortgage and note satisfactory to AGENCY and enforceable by the AGENCY, which shall require that the re -sale of the property with the constructed Page 10 of lit PT Agency D1VF,LOPER home listed on t xhibit C is restricted and all deeds to the qualified buyer shall contain the restrictive covenants concerning re -sate provided in the DEVELOPER's deed and in accordance with the restriction provided in this Agreement for said deeds, The deed shall provide that any new purchaser shall satisfy the standards for ownership or occupancy adopted by the AGENCY, which shall ensure that subsequent purchasers meet the requirements of a "Subsequent SMCRA Qualified Purchaser ", as previously defined. Section 22. Records and Costs. The DEVELOPER agrees to maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues 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 preconstiuction costs shall not exceed three. percent (3 %); all costs generally associated with general conditions shall not exceed five percent (5 %); all contingency costs shall not exceed three percent (3 %), and all other costs, including trades, subcontractors, bond and insurance costs shall not exceed eighty nine percent (89 %) of the total cost of construction. Section 23. Indemnification. DEVELOPER shall indemnify, defend, save and hold harmless the AGENCY, its officers, agents and employees, from or on account of all claims, damages, losses, liabilities and expenses, direct, indirect or consequential including, but not limited to, fees and charges of purchasers, engineers, architects, attorneys, consultants and other professionals and court costs arising out of or in consequence of the performance of this Agreement at all trial and appellate levels. Indemnification shall specifically include, but not limited to, claims, damages`, losses, liabilities and expenses arising out of or 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,.. ser- vaiits ,- independont.contractors. or employees; (h) the broach or alleged breach by DEVELOPER of any teem of this Agreement. Page I 1 of ( 4 Agency Dg VEI,OPER Seetion 24. Assignment, Neither party shall assign its interest in this Agreement without express written consent of the other party. Any violation of this provision shall constitute a default of the DEVELOPER's obligations under the terms of the Agreement. .Seetlou 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. DBWELOPER shall not suffer any levy or attachment to be made, or any lien, or any unauthorized encumbrance that is not transferred to a bond within thirty (30) days of the recording with the exception of the following: (i) Any inortgage(s) in favor or any institutional lender for the purpose of financing any hard costs or sofa: costs relating to the construction of the Improvements in an amounts) 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 amounts) not to exceed the value of the Improvements as determined by an appraiser; and (11) 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 ("MAP), (or member of any similar or successor organization), stating the value of the Improvements is equal to or greater than the amount of such motlgage(s), shall constitute conclusive evidence that such mortgage meets such requirements, and that the right of any reentry hereunder shall be subject to and limited by, and shall not defeat, render invalid, or limit in any way, the lien of such .mortgage. For purposes of this paragraph an "institutional lender" shalt mean any bank, savings and loan association, insurance company, foundation or other charitable entity, real estate or mortgage investment trust, pension Rinds, the Federal National Mortgage Association, agency of the United States Government or other goveriunental agency. (iv) All qualified mortgages as defined above in subparagraphs (i), (ii), and (iii) shall be subrogated to the right of the Agency, at its sole, absolute and exclusive discretion, to assume the mortgage without penalty and the mortgage sha.(I not b - u- e_4ue.or.payabae solely.b_y reason_of.the.transfer..of ..... , the property to the Agency in accordance with the terms and conditions of this page 12 of 14 �( Agency DEVELOPER deed. All mortgages issued by the DEVELOPER as mortgagor shall provide that the AGENCY shall be given notice of any event of default under the terms of the inoilgage 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. SeverabiliV, If any provision or provisions of this Agreement shall to any extent be invalid oil 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 inust 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, Section 29., Nondiscrimination, The DEVELOPER agrees for itself, its successors and assigns, to or of the property or any part thereof, that the DEVELOPER and such successors or assigns shall not discriminate upon the basis of race, color, religion, sex or national origin in the sale, lease or rental or in the use or occupancy of the property oe 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 A„g,ent, The AGENCY and the DEVELOPER shall each designate one person who shall be their authorized representative with respect to This Agreement. Tile 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 oil material by the AGENCY, its Architect or Engineer, if any, or by any - agent-- oi�-representative-of the AGENCY sl7a'tl not'operate a �a`wa v-di of the Page 13 of 14 Agency 0 DEVELOPER AGENCY's right to demand strict compliance with the terms and conditions of this Contract. No act or omission or verbal representation or statement shall be treated as an expressed or implied waiver and all waivers shall be in writing signed by the party who is alleged to have waived any of the terms and/or conditions of the Contract or Contract Documents. This Agreement contains the entire Agreement of the parties and no modification or amendment of any terms or provisions of this Agreement shall be valid or binding unless it complies with this paragraph, This Agreement in general and this paragraph in particular, shall not be modified, amended or waived except in writing signed by both parties. The waiver of any breach or default of any of the terms of this Agreement shall not act as a waiver of any subsequent breach or default. This Agreement shall be binding upon the heirs, guardians, personal representatives and assigns of both of the patties. Section 32. Waiver of Jury Trial. AGENCY and DEVEOPER knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsult or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. IN WITNESS WHI IMOF, the AGENCY and DEVELOPER have caused this Agreement to take effect on the day and year first above written. WITNESS: Miami -Dade Affordable Mousing Foundation, Inc. SOUTH MIAMI CONIrIUMTY REDEVELOPMENT AGENCY "4 " 6 Name Phili p K Stoddard Title: Chairperson Page 14 of 14 l� Agency C DEVELOPER EXHIBIT A United States HUD (hereinafter referred to as "HUD ") Affordable lousing Guideline EYambple of a SMC2A Affordable .Housing Purchaser, based on the guideline set forth above, with a family of two (2) (as defined by RUD). would include someone who meets the requirements of the SMCRA for an affordable housing purchase and whose income is below $66,240M EXHU31T C FRANKLIN SUB PB 5 -34 LOT 5 LESS W2.SPT 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 1 or PRANKLIN SUBDIVISION, according to !ho Plat thereof, as recorded in Plot Book 5, at Page 3d, of the Public Records of Ivtianti•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 - 0100070. Deed Description: Lot 6. L ESS the West 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 Mlaml -Dade County, Florida Franklin Subdivision, PB 5 -34, Lot 7 less W 275 feet Block 1, and alley Jyg S &. Adj. CLOSED PER R -92 -15 f 7 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 West 2.50 feet thereof. Block I, FRANKLIN SUBDIVISION, according to the Plat Thereof; as recorded in Plat Book 5, Page 34, of the Public Records of Mlaml -Dade County, Florida, Franklin Subdivision, PB 5 -34, Lot 8, less beg NW Cor Lot 8Th E.2.5 feet, S 46.72 feet; W 3.05 feet, N 47.67 feel to POB Block 2, & 4 feet alley lyg N & Adj. Closed Per R -92 -1517; Public Records of Miatni -Dade County, FL. Lot size 55.00 feet x 117 feet; 6318 Sq. Ft; beating folio number 09- 4025 - 010 -0090; AM 6501 SW 60 Ave., South Miami, Florida. I pr Larkins Townsite PB 2-IOS, Lot 8, Block 2, Public Records of Miami -Dade County, FL. Lot size 7150; bearbtg folio number 09•• 4025- 028-0200; Ala 5928 SW 66 St., South Miami, Florida. Deed DewiptIon: LOT 6 UK 2 LAAKINS WMSX'rr VS 2••105 Pines Subdivision, PB 13 -2, Lott & W /z Lot 2 Block 4, Public Records of Miatni "Dade County, FL., Vacant Lot Size 3525 (37.5 x 94; bearing folio number 09 "4025�00M240, oe d Drsertpltfln' t i.t? 1, and the West Ralf (.w V') of L.ot 21 Block 4, The Pines, a subdivision of the City of 500kh Nliam�, Miarrtr -Dade Count:; ftl orfda, accordlig:to the Plat thereof', recorded in Plat Book 13, at Page 2, of the FJUbiI Records of Mid ►ril t5ad Ctlgrrty, Florida. {Miami -Dade County Property lah#ficatlon l� tt110 —r: 09- 4025.0p9 0�4t7 I pr .. + ;- EXHIBIT X7,1 FLOOD. PLAN 1 ' y. krRE7�J FlyjZ' . . D lY . 1.i f l { ! 7 1: I; 1 1 Ittt �'v I RODti{ Nil I . { i 1 { (�f1 t '� /, K!i�r r'rd iririJT�c i i 1 r'�t° r' J�, \ f up. ; OAT rr CC it `1 FLOOR PLAN. � , __. :!,!'. �' ._... 3 scut a /7•..7•;Q. STEVEN LURIA. RA 9/2/11 3 Uf2 / 2 UA i H AU DW 2--D t.MEN A U�IUER AIR SAt'C "Ay ),01}CC OUPIICAI[ aIUSCO R U15C1O5f0 ri1TNW r S1 OTT01 C0 ISM C' O THE A tCZ 17F.Cf, :f Ci OzE hOC)fiTCCT. 71!C s F F S m 4 O M .r e 7 W. co CL w a Z G, QO 63 0U Z � 00 00 g 7. Lli G1 O U in d ad vet I 4 O Wo 2 ty V) �. W5 \ LL ON in r� O r� Q ow �OJ V)m z N z r r Ld a w ( > 0L M4 o ty w M D ¢ f EXHIBIT Dam3 GA SPECIFICATIONS EXTERIOR - ICF WALLS WITH EFUS OR SIMILAR STUCCO FINISH. INSULATED CONCRETE FORMS PROVIDE R -22 EXTERIOR WALLS WITH MONOLITHIC CONCRETE SHELL CAPABLE OF WITHSTANDING 200 MPH WINDS. EXTERIOR AND INTERIOR PRIMER AND PAINT IS BENJAMIN MOORE OR EQUIVALENT NO VOC PAINT OR PRIMER FOR INTERIOR ROOF CONSTRUCTED OF WOOD TRUSSES WITH 110 MPH ARCHITECTURAL SHINGLES MANUFACTURE'S WARRANTY FOR THE SHINGLES 15 MIN. YEARS. ROOFERS WARRANTY MIN, 5 YEARS INSULATION WILL OPEN CELL SPRAY INSULATION ON THE UNDERSIDE OF THE ROOF SHEATHING INTERIOR WALLS AND CEILING- WILL BE CONSTRUCTED OF SHEET ROCK (MADE IN USA), TAPED AND PLASTERED WITH JOINT COMPOUND, SANDED AND PAINTED WITH PRIMER AND TWO COATS OF PAINT,; WINDOWS--TO BE ECO WINDOW OR EQUIVALENT LOCALLY PRODUCED$ Ala INTERIOR DOORS TO BE HOLLOW CORE, EXTERIOR DOORS TO BE MIAMI -DADE COUNTY APPROVED METAL DOORS, APPLIANCES TO BE INSTALLED SHALL BE APPROVED ENERGY STAR FIXTURES TO BE APPROVED AS SOON AS THE WORKING DRAWINGS ARE FINISHED TUB AND SHOWER WALLS MUST BE COVERED WITH OUROCK OR EQUIVALENT FOR THE TILE AREAS, GREEN BOARD IN THE BATHROOMS. FLOORING, CABINETS, COUNTERS TOP SHALL NOT EMITVOC'S, GREEN BOARD NOT NECESSARY IN KITICHEN EXCEPT BEIIINO 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 TU8E W/ INSUL. REFLECTIVE TUBE TO BE INSTALLED IN GREAT ROOM DECIDUOUS TREES PLANTED ON SOUTH SIDE - NATIVE SHADE TREES ON EAST AND WEST - U ALL DUCTWORK JOINTS TO BE SEALED WITH MASTIC �P��s I P ARTICLE ,5 � INSUR,ANCP s.o S.t 5:0:2 5'p 3: 5:0,5: 5t}7 5.:1.3 tiny hold harms 5. 1.2 (g) personal Injury will] minimum for qo: riii,st ineli3de:. Owned Vehicles, 011 inbility benotit and other similar employee bcnetit aces t to ac;lcrforn]ed; otl ?fy;injury, occupational sickness or disease, or death of the odtiy,njury, sickness or disease, or death of nny person other Ilion sual personnl lnjtrry; (lability coverage; r tb4lVtirlt 1lselx,, because of Injury to or destruction of longlble suUh]g.t)iera lkoi�;.; adrly ury, death of a person or property damage arising out of 17.11 iilot Or vehicle; rly,domngc arising out ofcomple(od operations; and Iiliy'litisu'rance opplicable to the DEVELOPER's obligations until alt the Work to be perforrtted under this Contract for such duration as is otherwise specified hereiunlier), latut4ty`amount as to All cmptoyees ii] contpitatleo %vith a Slate: of Florida ant) ail =op piicttblo £edcrat lniv In 7Jnyers': Mobility at the sitituto'ty +:overage an oDIh.t: The ft i its: Subconlraelora n7pipta(]]npproprt NO ? 18yels of os. ions Hazard and Hazard Coverage pee /tic: Contract;: ii,eluiliajg on tz.fornt Y'svilii�+f sr�a, aid: ��Q 5,143 (b) tilred and Non•Otvned V 5 la (c} Tr►nplsycrs' Non t3+vnaCsl S.2 }�cfors starjlr >g iite;l�!vrk, iho;r)liYi�L.pVLit slH �tsci<p;ltbfc {4 tita �Gk;Ni'1', >ivhloh ntusi,ar,ninii nuiibar ot`sJic insms,irrc 1 etlt'::or btolCr.1 irougi At3i NOY as` ittt ."" iliiiifottAl n ;deli irist sure.; thm :itl'iirdad utttJer Ute.jalictcs shall trot lie cnncclei; Written nobs has been gtved by the ltisiirar. iq:lit A.1!lt or burin per A'.Ml f39s1'S:Kcy Ituting Gti Santo of rloritfa, 5.3 The t1 Ov C P Jt ngrcos dfiut iPany: Pin rt af.tiiv. 564 r till al rho J; Dollars { 9°nc;paficy:sl all bo in. ill oil, nitr'nc;nP llta AG8 NOY40 d tht: i»VER,01P;89 as their interest inay appear, and strut# also covet• tilt, lnlcrosts o!`rtlt Sttfteoi►tr�ctors jterfoptrlti� 4Vork� line b1;VL01?>aii :sfttill jarovtcic tits AG1aNGY .tvitlt sntisilic ;oty'cvtctaneu i griifyutgiiiii' the foregoing ittsliiance is -itii tbrcp; ^rrnd ;tteit avisietiats ltai! =lnl Sttdc pr %vlslotts tiatnhig _ilia GENGY tis?an additional nantcd fnstgc i rmd pipVfding if i4t lira ittsiirnncn s11311 ttbt dye' Cnitt eititl or rltatettally ohgeti' until at least titttiy (99} days pr(nr �vrttioq nolTev hits 6,4en,�ivetf i��+ tno itisrtrsr is ;fie �ttlrNCY by cei�tifiod ntaii. 516 Onttctinttomi;itti Jtc JnsttYQticb.• Jf' any. 11011W6 69,uft lajiO C+t fttsvrnii k of h4llgp ill: tho policy, given by the insurance company or should Insurnnoa: Rave aif:'ttxjttratipt) cite;o tilit iw til occur during the period of this Contract, Cite S53?Vi1.Ci' It' SIT, lip rosponslbla for secitrlrrb::i�liic"Wecepinble insurance prior to such cancellation, clianSC, arv;tplra ;ton spns to }iro�Rk.b.Uhtil) us_i vett<be :as specified in this section and so as to maintain covcrt>ge during tiro iltr3 rtf this Conirnc ;.,: 5.7 Atl:rtcducriblis ►ngst bo daeiar6 by°iho DBVCLOPGR and ntt►st hp; ;ipprovvit t>y IJie AGENCY. At the option of the A06MY either. tlfa: DLVELOPi;R shalt ?cihbinnto or rcti}lCC &tick deductible or taw 1731 Fi c7r l shill }�rdvtlrc i413krit1 ),t� a form salisractory to !l[c. AGL�1� Y, csver +rtt# iiie same. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared M. MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI PLANNING & ZONING DEPT.: NOTICE OF PUBLIC HEARING 3/13/2012 In the XXXX Court, was published in said newspaper in the issues of 03/06/2012. Affiant further says that the said Miami Daily Business Review is.,a newspaper published at Miami in said Miami -Dade County, Plorlda ann'that ttis said newspaper has, heretofore`beert aC�ritfnuout;ty; ubIfpho i In sail ;Uarni ode County, Florida, each day'(, xcepI'Saturday, uunday An if Legat,hiplidays) and has Yieett rsnte "red as s ©cond alas all 14tter at ttte post office in Miami In said Mlami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor rotnlsed;any person, firm or corporation any discount, If elaat commfssl or refund for the purpose reenriTrtiiis ativerti5errient fo publication in the said and subscribed before me this 06 day of MARCH , A.D. 2012 M. MESA personally known to me AFFIDAVIT Before me, the undersigned, this day personally appeared Anne Manning, who being by me first duly sworn, upon oath, deposes and says: 1, I am an authorized representative of Miami -Dade Affordable Housing Foundation, Inc., 2. 1 certify that a Notification Letter of Application for Variances for homes to be built at 6457 SW 60`h Avenue and 6501 SW 60th Avenue in the form attached ( "Exhibit A ") and herein incorporated by reference, were mailed, via U.S. regular mail or U.S. Certified mail to all the address in the ownership list attached as "Exhibit B." For clarification, attached is "Exhibit C" which identifies the abutting property owners who were notified via U.S. certified mail in accordance with the City of South Miami Land Development Code. State of Florida } of Housing Development County of Miami -Dade) The foregoing was acknowledged before me on this a" day of .... /Z//P x...112012 by Anne E. Mano-ing, who took an oath and who is personally know to me ry P.1 blic Signature Notification Letter Application for variance for 6457 SW 60`h Avenue to build a single - family home By Miami -Dade Affordable Housing Foundation Notification to: Applicant: Miami -Dade Affordable Housing Foundation, Inc. Address of Application Property: 6457 SW 60h Ave. , South Miami, Florida You are hereby notified that an application has been submitted by the Miami -Dade Affordable Housing Foundation for approval of a variance for the property The variance request will be reviewed by the City's Planning Board and the City Commission, The City's Planning and Zoning Department, at 6130 Sunset Drive, South Miami, will have on file all documents, plans and supporting materials pertaining to this application. In addition, the City's Planning and Zoning Department will prepare and mail the required notices of public hearing in accordance with the notice requirements of the City of South Miami Land Development Code, EXHIBIT A - 2 of 2 pages L -2175L (87 LABELS) (ORIGINALLY 140 NAMES) FRANKIE LEE STEWART & ROOSEVELT COOPER &W VIRGINIA SOWELLS GLENDENA 6601 SW 59 PL 15272 SW 103 CT MIAMI FL 33143.3511 MIAMI FL 33157 -1476 HIGHER PRAISE & WORSHIP CENTER INC S M CHURCH OF GOD OF PROPHECY 6600 -10 SW 59 PL S MIAMI FL 33143 -3512 ANTONIO MIYAR DUYSEVI KARAN MIYAR 19510 W OAKMONT DR MIAMI FL 33015 TR OF CHURCH OF GOD IN CHRIST 5990 SW 66 ST SO MIAMI FL 33143 -3550 RICHARD E HOLTON JR 3521 FLORIDA AVE' COCONUT GROVE FL 33133 -4950 RICHARD ROBINSON &W CARRIE 9760 SW 83 ST MIAMI FL 33173 -4043 MIAMI -DADE COUNTY GSA -R /E MGMT 111 NW 1 ST STE 2460 MIAMI FL 33128 -1929 FANNIE M HERRING 6545 SW 60 AVE SOUTH MIAMI FL 33143 -3402 WORREKK C TROUP &W MARILYN 5822 SW 59 ST SO MIAMI FL 33143 -3509 CAROL HARRIS LE REM COREY AMMONS JTRS 6581 SW 59 PL MIAMI FL 33143 ETHEL CURGIL (REM) ETHEL CURGIL (REM) 6500 SW 59 CT SOUTH MIAMI FL 33143 -3506 CHURCH OF GOD IN CHRIST ST JOHN A M E CHURCH INC MARGARET HOLMES s 5990 SW 66 ST 6461 SW 59 PL 6516 SW 59 CT „ SO MIAMI FL 33143 -3550 MIAMI FL 33143 -3507 SOUTH MIAMI FL 33143 -3506 CITY OF SOUTH MIAMI CRA DANIEL MCFADDEN &W ANNIE BRETT BIBEAU &W 6130 SUNSET DR MARIE J GAVI.NS ALI STEPHENS MIAMI FL 33143 -5040 of 6510 SW 59 PL 1263 SW 18 ST t SO MIAMI FL 33143 -3510 MIAMI FL 33145 -1631 EMPIRE MTG LLC VI GERALDINE JEAN- BAPTISTE MARIO B GUTIERREZ & 11350 MCCORMICK RD 6520 SW 59 PL MARIA A ZAMORA STE 502 MIAMI FL 33143 -3510 6566 SW 59 CT HUNT VALLEY MA 21031 j MIAMI FL 33143 -3506 WILLIE PAUL LANIER JOSE RAMIREZ FANNIE M HERRING 6009 SW 66 TERR 6530 SW 59 PL 6545 SW 60 AVE MIAMI FL 33143 -3411 MIAMI FL 33143 -3510 '., SOUTH MIAMI FL 33143 -3402 !I I ELOISE LANIER & WAYMON BROWN &W DELORIS MIAMI -DADE COUNTY ERMA JEAN JACKSON 6520 SW 58 AVE MIAMI -DADE HOUSING AGENCY 6009 SW 66 TERR 7 MIAMI FL 33143 -3687 1401 NW 7 ST SOUTH MIAMI FL 33143 MIAMI FL 33125 -3601 ELENA GUTIERREZ SANDRA WITHERSPOON THERESA SAWYER 5967 SW 66 TER 5987 SW 66 ST BARBARA TALUY MIAMI FL 33143 MIAMI FL 33143 -3548 6401 SW 59 CT S MIAMI FL 33143 -3503 3 i` it I. s ,f.. L -2176L (87 LABELS) (ORIGINALLY 140 NAMES) THERESA SAWYER CLEVELAND B MCKINNON 6401 SW 59 CT 5918 SW 63 ST SOUTH MIAMI FL 33143 -3503 MIAMI FL 33143 -2207 VERONICA & DERRICK JOHNSON 6443 SW 59 CT SO MIAMI FL 33143 -3503 MILDRED F MITCHELL 6445 SW 59 CT MIAMI FL 33143 -3503 AURELIO M FERNANDEZ ISABEL CISNERO 8766 SW 36 ST MIAMI Fl, 33166 GREENE W MITCHELL LE MILDRED, MITCHELL & S DAVIS REM 6471 SW 59 CT MIAMI FL 33143 -3503 BONNIE M GILLIS 6481 SW 59 CT SOUTH MIAMI FL 33143 -3503 R. WALTER & THERESA POWELL LE REM THEODIS POWELL ET AL 6501 SW 59 CT SO MIAMI FL 33143 -3505 GARY D EISENBERG 11640 SW 69 CT PINECREST FL 33156.4736 MIRANDA D CORKER 6571 SW 69 CT SOUTH MIAMI FL 33143 -3505 JOSE RENE GONZALEZ 6591 SW 59 CT MIAMI FL 33143 CINDALISA BURGESS 5928 SW 63 ST MIAMI FL 33143 -2207 'i WILLIE D LITMON 5932 SW 63 ST MIAMI FL 33143 -2207 CARRIE ROBINSON 9760 SW 83 ST MIAMI FL 33173 -4043 CARLOS ALBERTO SERRANO 6851 SW 15 ST MIAMI FL 33144 RICHARD E HOLTON JR { 3521 FLORIDA AVE MIAMI FL 33133 -4950 is MANUEL MENDOZA PO BOX 1817 f„ MINNEOLA FL 34755 is MT OLIVE MISSIONARY BAPTIST CHURCH OF SOUTH MIAMI FL INC j' 6316 SW 59 PL MIAMI FL 33143 TRUSTEE CORPORATION OF MT OLIVE MISSIONARY BAPTIST CHURCH INC 6316 SW 59 PL SOUTH MIAMI FL 33143 -2203 MT OLIVE MISSIONARY BAPTIST CHURCH OF SOUTH MIAMI INC 6317 SW 59 PL SOUTH MIAMI FL 33143 -2202 t 1 i i 2 JANNIE M FERGUSON 6317 SW 60 AVE MIAMI FL 33143 -2204 MARGUERITE WILLIAMS 6319 SW 60 AVE SO MIAMI FL 33143 -2204 JOHN POWELL &W LEONA 6333 SW 60 AVE SO MIAMI FL 33143 -2204 COOKIES & CRACKERS CORP 15907 NW 52 AVE MIAMI GARDENS FL 33014 MT OLIVE MISSIONARY BAPTIST CHURCH OF SOUTH MIAMI INC 6373 SW 59 PL S MIAMI FL 33143 -2202 is MT NEBO MISSIONARY BART CHU INC 6075 SW 64 ST SO MIAMI FL 33143 -3404 MV REAL ESTATE HOLDINGS LLC f TRS 13943 SW 140 ST MIAMI FL 33186 GE INVESTMENT GROUP INC 7159 SW 80 ST MIAMI FL 33143 -4334 JULIA S & LESLIE STUKES 6085 SW 63 TERR MIAMI FL 33143 -2212 BETTY M ASBURY 6075 SW 63 TERR S MIAMI FL 33143 -2212 L -2175L (87 LABELS) (ORIGINALLY 140 NAMES) JAY ABRAMOWITZ & VANESSA C BLANDING KEITH L MUELLER 6065 SW 64 TER 1321 SW 21 CT S MIAMI FL 33143 FT LAUDERDALE FL 33315 ROSA L GRAGGS 6039 SW 63 TERR MIAMI FL 33143 -2212 BARBARA ATKINS ET AL 6017 SW 63 TERR SO MIAMI FL 33143 -2212 LASHANDA M REAVES 6350 SW 60 AVE SOUTH MIAMI FL 33143 -2205 MONIQUE Y CLARK 6016;;SW 63 ST MIAMI FL 33143 -2209 SABRINA O COOPER 6040 SW 63 ST SOUTH MIAMI FL 33143 -2209 E JOHN PRICE JR 6400 SW 60 AVE SOUTH MIAMI FL 33143 -3452 i CL REAL EST HOLDINGS LLC PO BOX 520158 MIAMI FL 33152 BELKYS M MERCADO 6091 SW 64 TERR MIAMI FL 33143 -3407 BRIAN TRUJILLO 8477 SW 158 CT MIAMI FL 33193 STEPHANIE GRANT 6531 SW 61 CT SOUTH MIAMI FL 33143 -3410 MARIA HORTENCIA VELASCO NORMAN HOWARD ROGER MAURICIO COLL 1331 LITTLE RIVER DR 10050 NW 44 TER #107 MIAMI FL 33147 -3240 DORAL FL 33178 LEE R PERRY & RUBY A TURNER JONES JANICE P DANTZLER 10781 SW 168 ST 6221 SW 62 TERR MIAMI FL 33157 MIAMI FL 33143 -2174 JESSE L WILLIAMSON DIOSBEY PERAZA 331 EMMERSON ST NW 6125 SW 64 TER WASHINGTON DC 20011 CORAL GABLES FL 33143 LARRY D BURKES &W MARCIA 6530 SW 60 AVE SO MIAMI FL 33143 -3403 3 JANICE P DANTZLER RICHARD REDDEN 6221 SW 62 TERR ` •, 6124 SW 64 TERR y SO MIAMI FL 33143 -3403 MIAMI FL 33143 -3408 JUAN CABRERA &W MAGDALENA DORIS MILLER 5625 SW 62 AVE 6100 SW 64 TERR MIAMI FL:33143 -2107 MIAMI FL 33143 -3408 i KENYA D FERGUSON SCHOOL BOARD OF 6041 SW 66 ST MIAMI -DADE COUNTY SO MIAMI FL 33143 -3423 1450 NE 2 AVE 3 MIAMI FL 33132 -1308 i i BERNICE MCDONALD ! I. 6021 SW 66 ST MIAMI FL 33143 -3423 ' t � TEVIS D BACON f 6001 SW 66 ST S MIAMI FL 33143 LARRY D BURKES &W MARCIA 6530 SW 60 AVE SO MIAMI FL 33143 -3403 3 L -2174L (72 LABELS) (ORIGINALLY 107 NAMES) 1 LINTON RAMBO JR &W THE SOUTH MIAMI COMMUNITY DANIEL MCFADDEN &W ANNIE LUCILE RAMBO REDEVELOPMENT AGENCY MARIE J GAVINS 5918 SW 66 ST 6130 SUNSET DR 6510 SW 59 PL SOUTH MIAMI FL 33143 -3550 MIAMI FL 33143 -5040 SO MIAMI FL 33143 -3510 MIAMI DADE AFFORDABLE HOUSING EMPIRE MTG LLC VI GERALDINE JEAN - BAPTISTE FOUNDATION INC 11350 MCCORMICK RD 6520 SW 59 PL 7300 NW 19 ST STE 502 ya STE 502 MIAMI FL 33143 -3510 eq MIAMI FL 33126 ' = HUNT VALLEY MA 21031 FRANKIE LEE STEWART & WILLIE PAUL LANIER JOSE RAMIREZ VIRGINIA SOWELLS 6009 SW 66 TERR 6530 SW 59 PL 6601 SW 59 PL MIAMI FL 33143 -3411 MIAMI FL 33143 -3510 MIAMI FL 33143 -3511 PARADISE APARTMENTS INC ELOISE LANIER & WAYMON BROWN &W DELORIS 151 W21 ST ERMA JEAN JACKSON 6520 SW 58 AVE HIALEAH FL 33010 6009 SW 66 TERR MIAMI FL 33143 -3687 SOUTH MIAMI FL 33143 ERSHAD CENTER INC ELENA GUTIERREZ SANDRA WITHERSPOON 6669 SW 59 PL 5967.SW 66 TER 5987 SW 66 ST SOUTH MIAMI FL 33143 -3511 MIAMI FL 33143 MIAMI FL 33143 -3548 F i E HIGHER PRAISE & WORSHIP CENTER ROOSEVELT COOPER &W FANNIE M HERRING INC S M CHURCH OF GLENDENA 6545 SW 60 AVE GOD OF PROPHECY 15272 SW 103 CT SOUTH MIAMI FL 33143 -3402 6600 -10 SW 59 PL MIAMI FL 33157 -1476 S MIAMI FL 33143 -3512 — I' ANTONIO MIYAR RICHARD E HOLTON JR WORREKK C TROUP &W MARILYN DUYSE.VI KARAN MIYAR 3521 FLORIDA AVE 5822 SW 59 ST 19510 W OAKMONT DR COCONUT GROVE FL 33133 -4950 SO MIAMI FL 33143w3509 MIAMI FL 33015 f 1..� . TR OF CHURCH OF GOD IN CHRIST . 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Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:38PM Pledge of Allegiance was recited in unison II. Roll Call Action: Dr. Whitman requested a roll call. Board Members present constituting a quorum: Dr. Whitman (Chairman), Mrs. Yanoshik, Mrs. Beckman, Mr. Dundorf, Dr. Philips, and Mr. V italini Board Member absent: Mr. Cruz (Vice - Chairman) City staff present: Mr. Christopher Brimo (Planning Director), Mr. Marcus Lightfoot (Permit Facilitator), Ms. Tiffany Hood (Office Support). City staff absent: Ms. Lourdes Cabrera (Principal Planner), City Attorney: Mr. Thomas Pepe, III. Administrative Matters IV. Public Hearings 1. PB -12 -006 Applicant: Miami -Dade Affordable Housing Foundation Location: 6457 SW 60t1i Avenue The applicant is requesting two variances from Section 20 -3.5 of the City's Land Development Code. 1. requesting a variance of ten (10) feet from the required sixty (60) foot lot frontage, and 2. requesting a variance of 125 square feet to minimum lot size of 6,000 square feet, to construct LEED Certified affordable housing on a nonconforming lot of record in an RS -4 zoning district. 6457 SW 60th Avenue. Mr. Brimo read the item into the record. ZACoimn Items \2012 \4- 3- 12 \PB -12- 006_6457 SW 60 Ave \PQ Meeting Minutes- 03 -13 -12 Excerpt PB12- 006.doc Page 1 of 3 The Chairman opened the Public Hearing. There were no public comments. The Chairman Closed the Public Hearing. Mr. Cruz stated in reducing the lot size will this affect the setbacks of the lot on the sides, the requirement of seven and a half or ten feet. Mr. Brimo responded as we indicated at the previous Planning Board meeting the only variance will be to the ones stated in the application they will have to comply with the rest of the Land Development Code (LDC) requirement for single family homes in that district. Dr. Philips stated that if you look at the plans it appear that there is more than enough area provided. Dr. Whitman stated that he looked at the plans and they are seven and a half feet on each side however that does not include an overhang. Mr. Brimo responded that overhangs are allowed to project three feet into the required setback. Mr. Dundorf stated that the square footage listed on the zoning legend does not coincide. Mr. Cruz stated that it's great that the inconsistencies were pointed out however we would not be ruling on this today. Mr. Brimo responded that this is for the Building Department and the Planning Department to review; the Planning Board will not be ruling on this only the variance. Motion: Mrs. Beckman made a motion to approve as presented. This motion was seconded by Dr. Philips, Vote: Approved: 6 Opposed: 0 Mrs. Beckman: Yes Mr. Cruz: Yes Mr. Whitman: Yes Mr. Dundorf: Yes Mr. Vitalini: Yes Dr. Philips: Yes V. Approval of Minutes: Planning Board Minutes of February 28, 2012 — The Board members deferred the minutes for further review. Motion: Although there was no motion, the Board voted to defer the minutes. Vote: Approved: 6 Opposed: 0 Mrs. Beckman: Yes Mr. Cruz: Yes Mr. Whitman: Yes Mr. Dundorf: Yes Mr. Vitalini: Yes Dr. Philips: Yes ZAConun Items \2012 \4- 3- 12 \PB -12- 006_6457 SW 60 Ave \PB Meeting Minutes- 03 -13 -12 Excerpt PB12- 006.doc page 2 of 3 VI. Future Meeting Dates: Tuesday, April 10, 2012 VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 8:38 PM. ZAComm Items \2012 \4- 3- 12 \PB -12- 006_6457 SW 60 Ave \PB Meeting Minutes- 03 -13 -12 Excerpt PB12 -006.doc Page 3 of 3