Res No 077-12-13634RESOLUTION NO. 77-12-13634
A Resolution related to the request for requesting a variance from Section
20 -3.5 of the City's Land Development Code; requesting a variance of six (6)
feet from the required sixty (60) foot lot frontage, to construct LEED
Certified affordable housing on a nonconforming lot of record in an RS -4
zoning district. 6501 SW 60th Avenue, within the City's Community
Redevelopment Area.
WHEREAS, the Community Redevelopment Agency donated and conveyed the title of the
property to the Miami -Dade Affordable Housing Foundation to construct a new LEED Silver certified,
affordable single family residence; and
WHEREAS, the property is a non - conforming lot of record requiring a variance in order
to construct the new single family residence; and
WHEREAS, application No. PB -12 -007 was submitted to the Planning Board by
applicant Miami -Dade Affordable Housing Foundation; said application requesting approval of a
variance from Section 20- 3.5(E) to permit the construction of a new one - story, LEED (silver)
affordable single family residence within the City's Community Redevelopment Area to allow 54
feet of frontage where 60 feet is required, on property located at 6501 SW 60th Avenue, South
Miami, Florida, within the RS -4 zoning district; and
WHEREAS, the approval of a variance requires a recommendation from the Planning
Board and the approval of the City Commission after a public hearing; and
WHEREAS, at its March 13, 2012 meeting the Planning Board, after public hearing,
voted 6 ayes; 0 nays to recommend approval of the variances requested; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
accept the recommendation of the Planning Board.
NOW THEREFORE,
BE
IT RESOLVED
BY THE MAYOR AND CITY
COMMISSION OF THE CITY
OF
SOUTH
MIAMI,
FLORIDA THAT:
Section 1. The recitals set forth in this resolution are true, that they are supported by
competent substantial evidence and that they are incorporated into this resolution by reference.
Section 2. That the subject application submitted by applicant Miami -Dade Affordable
Housing Foundation, requesting approval of the variances from Section 20- 3.5(E) to permit the
construction of a new one - story, LEED (silver) affordable single family residence on a vacant lot
to allow 54 feet of frontage where 60 feet is required, on property located within an "RS -4"
Single Residential Zoning use district, specifically located at 6501 SW 60th Avenue is hereby
granted
Pg. 2 of Res. No. 77 -12 -13634
Section 3. If the variances are approved, then the approval of the requested variances
shall include Exhibit A, Site Plan by Architect Steven Luria AIA, dated 12 -10 -2011, for
proposed residence at 6501 SW 60th Avenue is incorporated herein.
Section 4. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this 3rd ,day of April 2012,
CITY CLERK
i'VA%l r�
COMMISSION VOTE: 5 -0
Mayor Stoddard: Yea
Vice Mayor Liebman: Yea
Commissioner Newman: Yea
Commissioner Harris: Yea
Commissioner Welsh: Yea
I
1 I
Emir . IF
--�-- CITY OF SOUTH MIAMI
INCORPORATED
�t Ryo OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor and Members of the City ommission
Via: Hector Mirabile, Ph.D., City Manager
From: Christopher Brimo, AICP e)
Planning Director 1 J7
Date: April 3, 2012
SUBJECT:
ITEM N
A resolution related to the request for requesting a variance from Section 20 -3.5 of the
City's Land Development Code; requesting a variance of six (6) feet from the required
sixty (60) foot lot frontage, to construct LEED Certified affordable housing on a
nonconforming lot of record in an RS -4 zoning district. 6501 SW 60th Avenue, within
the City's Community Redevelopment Area.
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 6501 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 -007), and after
• public hearing and public comment, the Board made a motion to approve the request by
• vote of 6 ayes, 0 nays.
APPLICABLE REGULATIONS (See ATTACLLMBNTS)
• 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. The variance is necessary to relieve particular extraordinary conditions relating to a
specific property;
The requested lot frontage variance is necessary to use the property.
2. Denial of the variance would result in hardship to the owner. Hardship results if the
restriction of the zoning ordinance, when applied to a particular property, becomes
arbitrary, confiscatory or unduly 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 is the minimum variance necessary to make possible the
reasonable use of the land, building or structure;
The granting of the requested variance is the smallest possible and the
only ones necessary to allow for the reasonable use of the property.
5. That the approval of the variance will be consistent with the general intent and
purpose of the Land Development Code, and will not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
The approval of the variance is consistent with the City's objective to
provide affordable housing within the Community Redevelopment Area,
and will allow a vacant property to be used and for the City to receive
property tax and other revenues. In addition the proposed use is the type
of use consistent with the R,54 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 frontage variance,
with the conditions that the structure is constructed in accordance with the agreement
between the South Miami Community Redevelopment Agency and the Developer.
Section 20- 3.5(E)
DIMENSIONAL REQUIREMENTS
SINGLE- FAMILY RESIDENTIAL DISTRICTS - ONE -STORY
Min. Lot Size
RS -4
Net Area (sq. ft.)
61000
Frontage (ft.)
60
Min. Yard Setbacks (ft.)
Front
25
Rear
25
Side (Interior)a
T9
Side (Street)
15
Max. Building Height
Feet
25
Max. Building Coverage (%)
First floor
30
Max. Impervious Coverage ( %)
45
Attachments:
Application
Location Map
Letter of Hardship /Intent
LDC Section 20- 3.5(E)
Warranty Deed
Agreement between the Developer and the SMCRA
Copy of Public Notices
Survey
Site Plan
Specifications
MIAMI DAILY BUSINESS REVIEW
Published Daity 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
Aff iant 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 afffant 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 fob publication in the said
newspaper.
Sworn to and subscribed before me this
23 day of MARCH A.D. 2012
Z0000 Z2
(SEAL)
V. PEREZ personally known to me
=o,Pa° Pty% Notary Public State of Florida
Cheryl H. Marmer
v Q My Commission DD793490
''F or F� Expires 07/18/2012
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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.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:38PM
Pledge of Allegiance was recited in unison
ICI. Roll Call
Action: Dr. Whitman requested a roll call.
Board Members present constituting a quorum:
Dr. Whitman (Chairman), Mrs. Yanoshik, Mrs. Beckman,
V italim
Board Member absent: Mr. Cruz (Vice- Chairman)
Mr. Dundorf, Dr. Philips, and Mr.
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
2. PB -12 -007
Applicant: Miami -Dade Affordable Housing Foundation
Location: 6501 SW 601h Avenue
The applicant is requesting a variance from Section 20 -3.5 of the City's Land Development
Code; requesting a variance of six (6) feet from the required sixty (60) foot lot frontage, to
construct LLED Certified affordable housing on a nonconforming lot of record in an RS -4
zoning district. 6501 SW 60th Avenue.
ZAComm Items \2012 \4- 3- 12 \PB -12- 007 6501 SW 60th Ave \PB Meeting Minutes- 03 -13 -12 Excerpt PB12- 007.dopage 1 of 2
Applicant: City of South Miami
Mr. Brimo read the item into the record.
The Chairman opened the Public Hearing.
There were no public comments.
The Chairman Closed the Public Hearing.
Motion: Mr. Cruz motioned to recommend approval of this item as presented. This motion was
seconded by Mrs. Beckman,
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
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-1 2-0076501 SW 60th live \PB Meeting Minutes- 03 -13 -12 Excerpt PB I 2-007.doPage 2 of 2
CITY OF SOUTH MItAMI
To: Honorable Chair &
Planning Board Members
From: Christopher Brimo, AICP
Planning Director
Miami
2001
Date: March 13, 2012
Re: Variance Request
6501 SW 60th Avenue -
RS -4 Zoning District
PB -12 -007
Applicant: Miami -Dade Affordable Housing Foundation
Location: 6501 SW 601h Avenue
The applicant is requesting a variance from Section 20 -3.5 of the City's Land
Development Code; requesting a variance of six (6) feet from the required sixty (60)
foot lot frontage, to construct LEED Certified affordable housing on a
nonconforming lot of record in an RS4 zoning district. 6501 SW 60th Avenue.
SUMMARY OF RbQUEST
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 6501 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 RSA 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.
APPLICABLE REGULATIONS (See ATTACHMENT.S�
• 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 (14) now requires that all variance
decisions shall be based on an affirmative finding as to each of the following criterion:
1.
1'110` necessar to relieve.;parfibulai e tca�rd nary i oarcl t ons rel�i �n to.. a.
specific roe
The requested lot frontage variance is necessary to use the property.
2.
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 bd iditions -and circumstances do not result rMni the:: actions . of he
applicant:
The property was a non - conforming platted lot of record prior to being
transferred to the current owner.
4.
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 "tits variance will be consistent with the kenera1 intent and purpose of
the Land DeveIophient Code and will not be in'urious to fhe 13eJ liborhood o► otlierwise
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 stater) 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 Board recommend approval of the lot frontage variance, with the
conditions that the structure is constructed in accordance with the agreement between the South
Miami Community Redevelopment Agency and the Developer.
Section 20- 3.5(1)
DIMENSIONAL REQUIREMENTS
Attachments:
Application
Location Map
Letter of Hardship /Intent
LDC Section 20- 3.5(E)
Warranty Deed
Agreement betiveen the Developer and theSMCRA
Copy of Public Notices
Survey
Site Plan
Specifications
Z: \1'B \Pll Agendas Staff Reports \2012 Agenda Staff Repor1s \3- 13- 12 \PB -12- 007 6501 SW Goth Ave \PB -12 -007 -
Variance .6501 SIN' 60 AVE.doc
City of South Miann
Planning & Zon ng ))e� artili�en,
City Hall, 6130 Sunset Drive, Sputh Miami, F rida,33143
Telephone: (305) 663 -6326; Fax: (305) 668 -7356
Application For Public Hearing Before Planning Board & City Commission
Address of
PB ' :
;1
Organizai
Phone:
Mailing Address: Flo .
1
'LEASE CHECK THE APPROPRIATE ITEM:
_ Text Amendment to LDC anance
`Zoning Map Amendment _Special Use
_ PUD Approval ySpecial Exception
_ PUD Major Change _Other (Waiver of Plat)
explain application and cite specific Code sections:
Subsection: Page #: Amended Date:
?LEASE CHECKALLTHATAPPLY.
L Letter of intent
A Justifications for change
Statement of hardship
X Proof of ownership or letter from owner
_ Power of attorney
Contract to purchase
Current survey (1 original sealed and
signed /1 reduced copy @ 11" x 17 ")
15 copies of Site Plan and Floor Plans
1 reduced copy @ 11" x 17"
Affidavit- Receipts attesting to mail
s sent
X Mailing labels (3 sets) and map
_ Required Fee(s)
e®
me
The undersigned has read this completed application and represents that the information and all submitted materials are true and
correct to the best of the applicant's knowledge and belief.
Applicant's gnaturr and title Print Name Date
Upon receipt, applications 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 Pavmont
4l16/09Y TqduM Application for Public flcaring (Revised 2009).doc
City of South Miami — Location Map
PB42 -007 - Variance
6501 SW 60th Avenue
x:
MIAMI -DADS AFFORDABLE
HOUSING FOUNDATION, INC.
February 22, 201;,
Christopher Brimo, AICP
Planning Director
Planning and Zoning Department
6130 Sunset Drive
South Miami, FL .33143
Re: Variance requests for 6501 SW 60`h Avenue (Lot 8, 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 6501 SW 60th Avenue, within the "RS -4" single family residential zoning use district.
The variance request is to allow a 54' frontage where a 60' frontage is required. Properties in the plat
which was recorded in 1918 are non- conforming.
Development of the property will not happen without the approval of the variance. The property was
donated' to the Foundation by the City of South Miami CRA to build affordable housing for low- to
moderate- income families, As it is a goal of the City to provide affordable housing, we ask that this
variance be approved.
Thank you for your consideration..;
Sincerely,
fi
Y�1
Opal A. Jones
Executive Director
A NOT - FOR - PROFIT 501(c)(3) CORPORATION
7300 NW 19 Street, Suite 502
Miami, FL 33126
Phone: 305-471-9750
Fax: 305 - 471 -9754
Email: mdahfi @bellsouth.net
This instrument was prepared by:
Thomas F. Pepe, General Counsel
City of South Miami Community
Redevelopment Agency
1450 Madruga Avenue, Ste 202
Coral Gables, Florida 33146
Property Appraisers Parcel
Identification (Folio) Number:
WARRANTY DEED
THIS INDENTURE, made this day of February, 2012 between City of South
Miami Community Redevelopment Agency, a community redevelopment agency of the City of
South Miami, a Florida municipal corporation, whose address is 6130 Sunset Drive, South
Miami, Florida 33143 (hereinafter referred to as Grantor or "Agency ") and Miami -Dade
Affordable Housing Foundation, Inc., a Florida non - profit corporation (hereinafter referred to as
Grantee or "Developer ").
WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars
($10.00); or other good and valuable consideration in 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 8, Block 2, of FRANKLIN SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 5, Page 34, of the Public Records of
Miami -Dade County, Florida; LESS beginning at the Northwest corner of
said Lot 8; thence Easterly, along the North line of said Lot 8, for a distance
of 2.50 -feet; thence Southerly, along a line 2.50 feet East of as measured at
right angles to and parallel with the West line of said Lot 8, for a distance of
0.96 feet to a point of curvature of a curve to the left having a radius of
1975.00 feet; thence Southerly, along the are of said curve through a central
angle of 10 21' 19 ", for a distance of 46.72 feet to a point on the South line of
said Lot 8; thence Westerly, along said South line, for a distance of 3.05 feet
to the Southwest corner of said Lot 8; thence Northerly, along the West line
of said Lot 8, for a distance of 47.67 feet to the Point of Beginning, and 4'
alley lying north and adjacent.
THIS CONVEYANCE IS MADE SUBJECT TO conditions, restrictions, limitations,
and 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.
Pagel U5
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
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.
Page 2 of 5
3. Promptly after completion of the Improvements in accordance with approved
plans and provisions of this instrument, the Agency, upon receipt of a Certificate of Occupancy
from Miami -Dade County and the completion of all repairs and warrantee work and the
expiration of the warrantee period, shall furnish the Developer with an appropriate instrument
certifying to the satisfactory completion of the improvement. Such certification shall be in a
form recordable in the Office of the Clerk of the Circuit Court of Miami -Dade County, Florida.
44 The Developer agrees for itself, its successors and assigns, to or of the property or
any part thereof, that the Developer and such successors and assigns shall not discriminate upon
the basis of race, color, religion, sex or national origin in the sale or in the use or occupancy of
the property or any Improvements erected or to be erected thereon or on any part thereof; and
this covenant shall be binding to the fullest extent permitted by law and equity, for the benefit
and in favor of, and enforceable by the Agency, its successors and assigns, and any successor in
interest to the property, or any part thereof. The Agency shall have the right in the event of any
breach of any such covenants, to exercise all the rights and remedies and to maintain any actions
or suits at law or in equity or other proper proceedings to enforce the curing of such breach of
covenant, to which it or any other beneficiaries of such covenant may be entitled.
5. The Developer (or successor in interest), shall pay the real estate taxes or
assessments on the property or any part thereof when due. DEVELOPER shall not allow any
levy or attachment to be made, or any lien or any unauthorized encumbrance to be recorded that
is not transferred to a bond within thirty (30) days of the levy, attachment or its recording in the
public record other than for the following:
a. Any mortgage(s) in favor or any institutional 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 of such
mortgage. For purposes of this paragraph an "institutional lender" shall mean any bank,
savings and loan association, insurance company, foundation or other charitable entity,
real estate or mortgage investment trust, pension funds, the Federal National Mortgage
Association, agency of the United States Government or other governmental agency.
d. All qualified mortgages as defined above in subparagraphs a., b., and e.
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
Page 3 of 5
provide that any re- conveyance of the title to the AGENCY shall not trigger disadvantage to the
AGENCY.
e. Liens that are timely transferred to a bond within 30 days from the date that the
lien is recorded.
6. Developer shall not change the ownership or distribution of the stock of the
Developer or change the parties in control of the Developer or the degree thereof while the
property is titled in its name without the prior 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/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 19th Street, #502, Miami Fl 33126, e-mail to
anne.manning @earthlink.net, or facsimile transmission to 305 -471- 9750 or courier. If
Developer fails to remedy the default within thirty (30) days of receipt of the notification, the
Agency shall have the right to reenter and take possession of the property and to terminate (and
re -vest title in the Agency) the estate conveyed by this Deed to the Developer, provided, that any
such right to reentry shall always be subjected to and limited by, and shall not defeat, render
invalid, or 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 shalt forfeit any and all claims to the Property and title to the property
shall automatically revert back to AGENCY. In the event of the reversion of the title, Developer
shall have no right or claim for reimbursement for any expenditure incurred for the
improvements made to the Property. All improvements made on the property shall be retained
by the Grantor in full satisfaction and liquidation of all damages sustained by the Grantor, and
the Grantor shall have the right to reenter and take possession of the premises and seek such self -
help remedies as shall place the Grantor in exclusive possession of the premises. If, at the option
of AGENCY, the AGENCY request that the Developer re- convey the Property and if, for any
Page 4 of 5
reason, the Developer fails, neglects or refuses to re- convey the Property, the Grantor may seek
specific performance to obtain the re- conveyance of the Property without waiving its right to
automatic reversion of title of the property to AGENCY by way of the reverter provision set
forth hereinabove. All of the provision and covenants contained in this deed shall survive the
closing and transfer of title to Developer.
9. Upon transfer by warranty deed to the Developer, Developer agrees that any sale
of the property shall be to an affordable housing purchaser as defined in paragraph 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,
and year first above written.
Witness
Maria M. MPnanr1a7
STATE OF FLORIDA
SS
COUNTY OF MIAMI -DADE )
Grantor has hereunto set its hand and seal the day
Grantor
City of South Miami
Community ReciOv041
By: _
Agency
ard, as
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 otary Publi
MY COMMISSION # EE133362 rimed:.
EXPIRES October 05, 2014
Page 5 of 5
1 "iISS AGTZIIYNT is <tttad this day of November, 2011, between the
South A!faatnt Gorxzunty I�Ibveiopinent Agency ( "AGENCY ") and Miami,Dade
AffotdallTotisngFotlxdatio3, Xnc ( "DEVELOPER. ").
%V AS zihd AGENCY :anti the DEVELOPER desire for the
EELO'ERo ottoi l zuotlon:financing; to design and build the homes to
l e:.satisfactlon the CrENCY acrd t meet oz e teed L F,.A S tvet ceztI cation
tnd �n�nciri�'#xestti� i�nclii�g,!ii3stititCon�'
necessary to complete construction of
owes to SMCRA qualified buyers; and
WHEREAS, AGENCY qualified potential buyers will be selected in
accordance with applicable Federal, State, County and local laws and guidelines;
and
Wf TtEA :, the GrEN " ' s the current 6W.t r " l t -e prof ez ty'11'a C on
]�avitig acquired the'ptouerties for'the:pti posQ oiprov .ing;pl'fai`dable
llt.vthn te;UiCY kptnito ar z es; aalc
WHEREAS, AGENCY has elected to enter into this Agreement with the
DEVELOPER to provide affordable housing to AGENCY residents; and
A
A8 , the
witli'th$ dt sIR"nateA sate
lesser atnotiit
43 t
a'
4` w&agreed to construct the affordable home
;h Borne not to exceed Two Rundi Five
Est' l:u. r five percent (5 %), whichever is the
Page 1 of 14
Agency
DEVELOPER
W.FMREAS, the DEVELOPER agrees to perform the covenants set forth in
the Warranty Deed, the form of which is attached hereto as Exhibit A. The
D VEI C PER a el any. a 'fortlablc hQusitig purchaser shall be obligated to coniply
with ata. fiC'xENY c }ced, icst�'oton iegfi�ing that the property-shall be purchased by
sbE7icolic :r /hgse li0usEhold laas;:araiittg.at: or less than 120% of the Average Median
Xxc i d Jx .e ynite l States Department of Housing and Urban
Development ("HUD") for Miami -Dade County (as set forth in Exhibit ),' 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
Ayer =age l edian hicoino< ; established by HUD for Miami�Dade County based on
the;tiLn exstzng -7D iicine guideline, or, if none exists at that time, then as set
fot tl ;its JGxi iibf t 5+ .
and who shall hereinaNI be refe z ed't�a as a "Subsequent:
afRA Qualifidl Purchaser", however, sltiuld the izo►rze bo owxted by S`tilasequen
WO RA C txalifieci Pt�rclaaser for l 5 consect ►:txv years, the quIa i ; i, i'�t ldal ,Ie
hobs nxtal'ebos 'slaali: t tomatically be released from this restriction.
covenants, mutual promises
able consideration which are to
sufficiency of which are
Section I. Recitals - Whereas Clauses. The parties acknowledge and agree
that the recitals contained within the "whereas clauses ", as set forth above, are true
and correct and that they are horeby int orppt'ated by reference into this Agreement.
>The following list of documents shctlVicompr se the Agreement between the parties
the onirat Documents": shall constitute, collectvn
11
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 D4, 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 "I -TVD ") Affordable
Income Guidelines as found in Exhibit F.
Page 2 of ICI
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 tots 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) 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
condt�ion: "[Ipon suc�i iemconveyance, vsitiether voluntarHy or involuntarily, the re-
conveyance shall constitute the DEVELOPER's agreement to a change of contractor
and assignment of any and all permits, that the DEVELOPER has obtained, to a
successor contractor chosen by the Agency for the completion of the project, and to
hold harmless Mlaiui -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 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
Deparlmdn't -A'hd its Building Department, as ' we'll as'by the Miami -Dade County
Building and Zoning Departments before construction can commence. The
DEVELOPER shgl l 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
Agency
(� DEVELOPER
bedroom, two (2) bath to a two (2) bedroom, one and one half 0 -1/2) bath. The
Improvements shall be constructed in accordance with plans and specifications
(attached as Exhibit D -1, D -2 and D -3), and as may be amended. The Development
Plan, as well as the plans and specifications, must be approved in writing by the
AGENCY before the warranty deeds are executed and recorded. In the event that 1'
the Development Plan, or any of tale 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 d. Sale of Homes. The AGENCY shall convey the parcels identified
in Exhibit C; provided DEVELOPER covenants to immediately sell the home, upon
completion of construction, to a SMCRA Qualified Purchaser.
Section 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,
tivhichever 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, whidbover (either the twelve (12) months or the one hundred eighty _
(r9o) days? is the'sltorter eriod" l;tiine. Yipon the expiration of this schedule, any
land conveyed to Di;UE1 ta17 n fot wl116 the DEVELOPER has not constructed a
single4amily 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 6. Cornpliance 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 T. Azn6ndtnents. Any"aine.nilci5ents; alieratioiis, or variations to tills
Agreement will only be valid when they have been reduced to writing and duly
signed by the parties.
Page 4 of 14
Agency
`lAb DEVELOPER
Section & Limitation ofLiabili1y. The AGENCY desires to eater 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 wi(h 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 proper#yin substantially the same condition as
provided to DEVELOPER. Accordingly, the DEVELOPER agrees that the
AGENCY shall not be liable for any claim or damage in connection with the Project
in excess of the 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 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 aallbe automatically dsc 4ga room any afi ohltgations, fia Eities
and commitments to DEVELOPER or any third person or entity provided, however,
that this Section shall not excuse the continued compliance by DEVELOPER with
the terms of this Agreement and the program requirements.
Section 10, Right to Reenter and Take possession of the Property. The
AGENCY has the right, at its election to take possession of the Property with all
improvements thereon and terminate the Agreement if the DEVELOPER;
(i) Fails to start construction within thirty (30) day following the
issuance of construction permits.
(ii) Abandons or substantially suspends construction for a period of
more than 30 days. A delay caused by force majeure or by a subcontractor or
supplier shall not be included in the calculation of the 30 day period, provided
the delay of the subcontractor or supplier is not due, in anyway, to the fault or
negligence` of the DEVELOPER,{
(iii) Fails to cure a violation of the Agreement within 30 days after
receipt of notice to cure or notice of default sent to it by the AGENCY.
Page 5 of 14
Agency
DEVELOPER
(iv) rails 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 II R.isk ofLoss. 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 Domes to be constructed. The
DEVELOPER shall not commence work under this Agreement until it has obtained
and submitted proof of all insurance required by the AGENCY, including the
insurance requirements set forth in Exhibit E.
Section 12, Independent Contractor. The DEVELOPER, its employees and
agents shall be deemed independent contractors and not agents or employees of
AGENCY, and shall not attain any nights 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.
Failure of the DEVELOPER to make timely payment(s) to
sit or suppliers for materials or labor regarding the Proj
u ect unless
the .DEVELOPER has reasonable grounds to withhold payment.
Reasoiiabte evidencdihac any portion of fire 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 b of lit
Agency
DEVELOPER
' A
(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 building permit from
the applicable authority having jurisdiction, whichever is the shorter period of i
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. Anytaetion arising out of this Agreement shall be
brought in Miami -Dade County, Florida, and shall be subject to Florida law.
�;eetl ion zs. Best Efforts on Construction Timetable. DEVELOPER, agrees
to use its best efforts to cotrtplete 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 tot from the applicable authority having
jurisdiction, whichever (either the twelve (12) months or the one hundred eighty
(180) days) is the shorter period of time. In the event the Project is not completed
within this time frame, and this construction schedule is not extended in writing by
AGENCY, this Agreement shall terminate and title and possession of the property
shall be returned, by DEVELOPER, to AGENCY.
Section 16. Representations. and Covenants, DEVELOPER hereby represents
and warrants to the AGENCY .the following:
(i) DEVELOPER is a corporation duly organized, validly existing and
in good standing under the laws'`of the'State of Florida. There are no proceedings or
actions pending, threatened or contemplated against the DEVELOPER including but
not limited to any action for the liquidation, termination or dissolution of
DEVELOPER.
Page 7 of 14
Agency
DEVELOPED.
(ii) DEVELOPER shall apply for construction permits Nvithin 30 days
from the effective date of this Agreement or within 30 days of the date of the
delivery of the deed for said lot, whichever is the greater amount of time.
(iii) DEVELOPER covenants and agrees that it shall cause the Property
to be developed in accordance with the building plans that are to comply with the
City's Code and are to be approved by the South Miami Planning and Zoning
Department, its Building Department and the Miami -Dade County Building and
Zoning Department and any other agency having jurisdiction over the approval of
building plans and the development of property.
(iv) DEVELOPER shall complete construction of the home on each of
the lots within twelve (12) months from the date of this Agreement or within twelve
(12) months of the date of the delivery of tiie 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 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 restrictiou requiring the property to be purchased
by a SMCRA Qualified Purchaser, and that over the following fifteen (15) years,
any re -sale of the property shall require sale to a Subsequent SMCRA Qualified
Purchaser. This provision shall survive termination of the Agreement.
(vii). Warlran : 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 firom 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 time, the AGENCY shall so notify the
Developer in writing. If the Developer refuses or neglects to commence such work
Page 8 of H
A Agency
DEVELOPER
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 o.f'the AGENCY's,program to produce residential
property within the City of South Miami Community Redevelopment Agency
boundaries. As pant 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 (late 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 (l 80) days from the date of issuance of a building permit for
said lot from the applicable authority having jurisdiction, whichever (either the
twelve (12) months or the one hundred eighty (180) days) is the shorter period of
time. The DEVELOPER may be granted one extension of time, for no more than
four (q) month, to complete construction upon delivery of a written request to the
AGENCY'Virector before the time for completion has expired, Tho 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 6a 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 clairns to the Property and the title to the
property shall revert back to the AGENCY. DEVELOPER shall have no right or
claim for teirnbursement for any expenditure incurred for the improvements made to
the Property. All improvements made under this Agreement shall be retained by the
AGENCY in fir11 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 Propel -ty without waiving its right to immediate
and automatic reversion of the title to the AGENCY. This provision shall survive
the closing and transfer of title to DEVELOPER.
Section 18. Force Ma'et tire. Neither party shall hold the other 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, 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 contractors 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: 305668 -7356
E-mail: SDavid@southmiai-nifl.gov
southmiamifl.gov
If to DEVELOPER: Anne E. Manning
7300 NW 19 "' Street L1502
Miami F133126
Fax; 305 -471- 9750
E -mail: anne,manning@ear-thlink.net
Section 21. Purchasers. It is agreed that all qualified buyers shall be require
sign a mortgage and note satisfactory to AGENCY and enforceable by the
AGENCY, which shall require that the re -sale of the property with the constructed
Page 10 of 14
1� Agency
DEVELOPER
home listed on Exhibit C is restricted and all deeds to the qualified buyer shall
contain the restrictive covenants concerning re -sale provided in the DEVELOPER's
deed and in accordance with the restriction provided in this Agreement for said
deeds. The deed shall provide that any new purchaser shall satisfy the standards for
ownership or occupancy adopted by the AGENCY, which shall ensure that
subsequent purchasers meet the requirements of a "Subsequent SMCRA Qualified
Purchaser ", as previously defined.
Section 22. Records and Costs. The DEVELOPFR 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 avaitable for
inspection, review and audit by the AGENCY and its representatives, at all
reasonable time, to determine the proper application and use of all finds paid by, to
or for the account or the benefit of the DEVELOPER. The cost of construction, for
the purpose of determining the sales price shall not exceed the following percentage
of the total costs to build the homes; all preconstruction costs shall not exceed three
percent (3 %); all costs generally associated with general conditions shall not exceed
five percent (5 %); all contingency costs shall not exceed three percent (3%); and all
other costs, including trades, subcontractors, bond and insurance. costs shall not
exceed eighty nine percent (89 %) of the total cost of construction.
Section 23. Indemnification. DEVELOPER shall indemnify, defend, save
and hold harinless the AGENCY, its officers, agents and employees, from or on
account of all claims, damages, losses, liabilities and expenses, direct, indirect or
consequential including, but not limited to, fees and charges of purchasers,
engineers, architects, attorneys, consultants and other professionals and court costs
arising out of or in consequence of the performance of this Agreement at all trial and
appellate levels. Indemnification shall specifically include, but not limited to,
claims, damages; losses, liabilities and expenses arising out of or froth: (a) the
negligent or defective design of the Project and work of the DEVELOPER; (b) any
negligent act or omission of the DEVELOPER, its subcontractors, agents servants or
employees; (c) any damages, liabilities, or losses received or sustained by any
person or persons during or on account of any negligent operations by
DEVELOPER connected with the construction of this Project; (d) the use of any
improper materials; (e) any construction defect including both patent and latent
defects; (f) failure to timely complete the work; (g) the violation of any federal,
state, or county or city laws, ordinances or regulations by DEVELOPER, its
_....subcontractors, agents,. servants,. in dependent- con tractors.o item pIoyees;,(h) the -
breach or alleged breach by DEVELOPER of any term of this Agreement.
Page I I of t4
bT')V- Agency
— DEVELOPER
Section 24, Assignrne_nt, 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,
Seeti_ Taxes Mortgage and Obliaati_ons. 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 lied, or any unauthorized encumbrance that is not transferred to a
bond within thirty (30) days of the recording with the exception of the following,
(i) Any inortgage(s) in favor or any institutional lender for the purpose
of financing any hard costs or soft`costs relating to the construction of the
Improvements in an aniount(s) not to exceed the value of the Improvements as
determine&by an appraiser; and
(it) 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 moiigage 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 tight 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" 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
mortgage sha.L1 not beca e Jtte�r..payab)e solely b_ y.r-eason_orNktransfer::Of:..M.0
the property to the Agency in accordance with the terms and conditions of this
Page 12 of m
Agency
� DEVELOPER
deed. All mortgages issued by the DEVELOPER as mortgagor shall provide
that the AGENCY shall be given notice of any event of default under the
terms of the mortgage or mortgage note within 20 days of such event. In
addition, the mortgage shall provide that any re- conveyance of the title to the
AGENCY shall not trigger any disadvantage to the AGENCY.
ction X Severability. If provision ot• provi
Se sions 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 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 drafling or negotiating of
this Agreement.
Section 'on 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 o.f 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 of 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 ihis 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••ot - represen tat ive of ITe A6ENCY s1ral'l't�ot'opeinte s�w�ivet' of the
Page 13 of let
_ fL Agency
DEVELOPER
AGENCY's right to demand strict compliance with the terms and conditions of this
Contract. No act or omission or verbal representation or statement shall be treated
as an expressed or implied waiver and all waivers shall be in writing signed by the
party who is alleged to have waived any of the terms and/or conditions of the
Contract or Contract Documents. This Agreement contains the entire Agreement of
the parties and no modification or amendment of any terms or provisions of this
Agreement shall be valid or binding unless it complies with this paragraph. This
Agreement in general and this paragraph in particular, shall not be modified,
amended or waived except in writing signed by both parties. The waiver of any
breach or default of any of the terms of this Agreement shall not act as a waiver of
any subsequent breach or default. This Agreement shall be binding upon the heirs,
guardians, personal representatives and assigns of both of the parties.
Section_ 32. Waiver of Jury Trial, AGENCY and DEVEOPER knowingly,
irrevocably voluntarily and intentionally waive any right either may have to a trial
by jury in State or Federal Court proceedings in respect to any action, proceeding,
lawsuit or counterclaim arising out of the Contract Documents or the performance of
the Work thereunder.
IN WITNESS
WI-IBREOF,
the AGENCY and
DEVELOPER have caused
this Agreement to
take effect on the
day and year first
above written.
WITNESS:
Miami -Dade Affordable Housing
Foundation, Inc.
By.
Name:. Opal A. Jones
Title: Executive Director
SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY
By �lfU'�f
Name: T Philip K Stoddard
Title: Chairperson
Page 14 of la
Agency
DEVELOPER
EXHIBIT A
United States HUD
(hereinafter referred to as "HUD ")
Affordable Housing Guideline
EXaxnple of a SMCRA 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 $66,240.00
Z0
. ).
.ri,XTIMIT C
FRANKLIN SUB P.B 5 -34 LOT 5 LESS W2.5FT BLK I 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 of FRANKLIN SUBDIVISION, according to the Plot [hereof, as
recorded in Plat Book 5, at Pago 34, of the Public Records of Mianti•Dado 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 0904025 -010 -0070.
Deed Description: Lot 6. L E;SS the West 2.60 feet thereof, Block 1, FRANKLIN SUBDIVISION, according
to the Plat thereof as recorded in Plat Book 5, Page 34, of the public Records of MlamWade County,
Florida
Franklin Subdivision, PD 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 West 2.5o feet thereof, Block 1, FRANKLIN SUBDIVISION, according
to the Plat thereof, as recorded in Plat Book 5, Page 34, of the Public Records of MlamE•Dade County,
Florida,
Franklin Subdivision, PB 5 -34, Lot 8, less beg NW Cor Lot 8 Th
E62.5 feet, S 4632 feet, W 3.05 feet, N 47.67 feet to POD Bleock 2,
BSc 4 feet alley lyg N & Adj..Qlosed Per R -92 -1517; Public Records
of Miami-Dade County, FL. Lot size 55,00 feet x 117 feet; 6313 Sq,
Ft; bearing folio number 09-4025- 010 -0090; a/k/a 6501 SW 60 Ave.,
South Miami, Florida.
ON, according to the Plat to
)ado County, Florida; LESS
North line of said lot 81 for a 1 1.
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0 Pis
Larkins Townsite PD 2 -105, Lot 8, Block 2, Public Retards of
Miami -Dade County, FL. Lot size 7150; bearing folio number 09.•
4025 -02 &0200; AM 5923 SW 66 St., South Miami, l~loridrt.
aeed Description: LOT s ELK 2 LARXIMS 74DW SITL PR 2 -105
Pines Subdivision, P13 13 -2, Lod & W % Lot 2 Block 41 Public
Records of Miami "Dade County, FL., Vacant Lot Size 3525 (37.5 x
94; bearing folio number 09- 4025- 0090240.
UCed oesCrtptton:: lo( 1, and the !!vest 117INW V7} q'f Lot 21 Block 4, The Pines, a subdivision of the City of
Souti? tVliam %Miami Dade County; f Lori. a :actor - g`to the plat thereof', recorded in Plat Book 13, at
0602, °.of the 0011c Records of Mia�n1 nails Florida. (Miami -Dade County Property
ldpn tiff catipn N�mr: t)9 4Q25•QOg pR4)
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EXHMIT IM
S ECINCA-ZTIONS
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 ['RODUCED.
INTERIOR DOORS TO BE HOLLOW CORE, EXTERIOR DOORS TO BE MIAMI -DADS COUNTY APPROVED
METAL DOORS:
APPLIANCES TO BE INSTALLED SHALL BE APPROVED ENERGY STAR
FIXTURES TO BE APPROVED AS SOON AS THE WORKING DRAWINGS ARE FINISHED
TUB AND SHOWER WALLS MUST BE COVERED WITH DUROCK OR EQUIVALENT FOR THE TILE AREAS,
GREEN BOARD IN THE BATHROOMS.
FLOORING, CABINETS, COUNTERS TOP SHALL NOT EMIT VOC'S, GREEN BOARD NOT NECESSARY IN
KITICHEN EXCEPT BEHIND SINK. IF POSSIBLE TILE TO BE OF RECYCLED MATERIALS.
ADDITIONAL SPECIFICATIONS ARC AS FOLLOWS:
I.1VAC'TO: B:C SIZED UVITHdN ;t /z TON QF CALCULATED TOTAL LOAD.
CEILIAlG. FA'fJ$ TCJ i3E USED IN BEDROOMS ND GREAT ROOM .
SOLAR LIGHTTUBI :W/ iNSUL RE'I'LEG`i'IV£ Tl)ll>=TO BE INSTALLED IN GREAT ROOM
D GIDUQUS TREE 5'F.LANTED ON "SOUTH SILT
NATIVF. SHADE TRE.Ir5 ON WT AND L! /E$rw
ALL DUCTWORK JOINTS TO BE SEALED WITH MASTIC
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Aily benefit and other similar employee benefit acts
oformed;
ry, occupational sickness or disease, or death of the
ry, sickness or disease, or death of any person other than
aal hiltiry liability coverage;
{ ut;elr, be. cause of Injury to or destruction of tangible
ore f'roi%i;
y, death of a person or property damage arising out of
vehicle;
o.arising out of completed operations; and
Dace opplicablo to the DEVELOPER's obligations
MR ali
the Work to
be performed under
this Contract
Dr such
duration as
is olherwise
specified
herehtatter),
In
The
s of
?rotl�tcls attillpr C:anipteti<�d Operatiais l�azard
I?Ypl9siott, Colln{�so tt>1ri lJi4dcrground Hazard Coverage
Wad Y611 6?t Pioperty 111.1pilige
C3road,:Gorrit:Coiitractual Coverage applicable to this specific Contracl, including
nny hold harmless and/or hidetnnification agreement.
Personal ][]jury Coverage N-Otti Employee and Contractual Exclusions removed,
}will), ipininium limits of:0VeNige equal to those required for Bodily Injury %
Liatil3ty gtacl Pr+apert�:banuti�o Liability.
tYe. th;i� ' #tic: ante
rsenrcnis; ns lllci
Owned Vehicles.
isy`t]ic (u3i
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5.3
544
5,5
34
5.7
ngi'c't s :tiiat fF tiny
mtro lice. o0itlaii
for Oi word
le ;tYiM the AGENCY cerlirl.Mes o!';
long other iii gs, the ,nsitrtq� ddrr,ss
wnt` {iic pgliGy'iyas: bbi7iiyed, prvi
t,vatuo of the Aisureu property,,
,1 �SNCY artd the DEVl 1#0138 as their interest may appear, and
�oijlrricigrs pgrforniittg 4'�orl,�,
A3t'NC`r' wrlh sails itctory- ct[clonco.ecrttfytrttifii,the foregoing
e;,. hail tjicJitde proyisldits 113inlgg ilini ttiGNbl as on additional
iiishtancc sCraii nbt'e enact 1t Q'; or rriato..rl;tiiy oliiised unlit at least
li eu givotti;tly ttirr ii liter to`tlic AGEI JGX !�y t erti IQ mail.
ilc4- r ctraligc ]n_ tho policy, given by the insurance company or
1161 041e 1101 will; occur during the period of Oils Contract, tite
it sccuriii;oiitef:<ncceplablc insurance prior to such cancellation,
nlllniuous pverrp.rls specified in this section and so as to mniiltain
tc AEYGLOPER and mtr$t bi itppro9tjdzby 11iu AGENCY. At tite
l3EVELOPM shalt >clunilistip or resll ce Sikh deductible or cite
a form satisfactory to (WO! svvcrirtg tlesarrto.
-O(f V4
i
MIAMI DAILY BUSINESS REVIEW
Published Dally except Saturday, Sunday and
Legal Holidays
Mlaml, 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, Fis�hda.arid that the;, r.Wd newspaper has
heretoforo'boon contihuously;published in said Miami -Dade County,
Florida, i ach day;(eXeept,$Oturday, 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 nqr 'rbmlpo+ad'any person, firm or corporation
any discount r commisst or refund for the purpose
o vaCil §emef tol publication in the said
and subscribed before me this
06 day of MARCH , A,D. 2012
M. MESA personally known to me
M1MpY Yt,p( ibulQly.,..,ay,
=o Cltaryt.tt MW'09
lyy C jrnm.. .. l)t) ]9349a
.r91 P Expires fl711912i}12 .
or V ..
AFFIDAVIT
Before me, the undersigned, this day personally appeared Anne Manning, who being by me first duly
sworn, upon oath, deposes and says:
1. 1 am an authorized representative of Miami -Dade Affordable Housing Foundation, Inc.
2. 1 certify that a Notification Letter of Application for Variances for homes to be built at 6457 SW 60"
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 US. 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 1
Df Housing Development
County of Miami -Dade)
The foregoing was acknowledged before me on this �" day of /��� 2012 by Anne E:;
1yianijJng, who took an oath and who is personalty know to me, i
ry
Notification Letter
Application for Variance for 6501 SW 60th Avenue to build a single- family home
By Miami -Dade Affordable Housing Foundation
Notification tm.
Applicant: Miami -Dade Affordable Housing Foundation, Inc.
Address of Application Property: 6501 SW 60th 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 —1 of 2 pages
L -2174L (72 LABELS) (ORIGINALLY 107 NAMES)
BRETT BIBEAU &W GARY D EISENBERG
ALI STEPHENS 11640 SW 69 CT
1263 SW 18 ST PINECREST FL 33156 -4736
MIAMI FL 33145 -1631
MARIO B GUTIERREZ &
MARIA A. ZAMORA
6566 SW 59 CT
MIAMI FL 33143 -3506
THERESA SAWYER
BARBARA TALUY
6401 SW 59 CT
S MIAMI FL 33143 -3503
THERESA SAWYER
6401 SW 59 CT
SOUTH MIAMI FL 33143 -3503
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 33165
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
MIRANDA D CORKER
6571 SW 59 CT
SOUTH MIAMI FL 33143 -3505
JOSE RENE GONZALEZ
6591 SW 59 CT
MIAMI FL 33143
CARRIE ROBINSON
9760 SW 83 ST
MIAMI FL 3317$ -4043
GE INVESTMENT GROUP INC
7159 SW 80 ST
MIAMI FL 33143 -4334
JAY ABRAMOWITZ &
KEITH L MUELLER
1321 SW 21 CT
FT LAUDERDALE FL 33315
JOHN PRICE JR
6400 SW 60 AVE
SOUTH MIAMI FL 33143 -3452
CL REAL EST HOLDINGS LLC
PO BOX 520158
MIAMI FL 33152
TRUSTEE CORPORATION OF MT OLIVE BELKYS M MERCADO
MISSIONARY BAPTIST CHURCH INC 6091 SW 64 TERR
6316 SW 59 PL MIAMI FL 33143 -3407
SOUTH MIAMI FL 33143 -2203
MT OLIVE MISSIONARY BAPTIST
CHURCH OF S MIAMI FLORIDA INC
6316 SW 59 PL
SOUTH MIAMI FL 33143
MT OLIVE MISSIONARY BAPTIST
CHURCH OF SOUTH MIAMI INC
6317 SW 59 PL
SOUTH MIAMI FL 33143 -2202
MT OLIVE MISSIONARY BAPTIST
CHURCH OF SOUTH MIAMI INC
6373 SW 59 PL
S MIAMI FL 33143 -2202
MT NEBO MISSIONARY BAPT CHU INC
6075 SW 64 ST
SO MIAMI FL 33143 -3404
WALTER & THERESA POWELL LE MV REAL ESTATE HOLDINGS LLC TRS
REM THEODIS POWELL ET AL 13943 SW 140 ST
6501 SW 59 CT MIAMI FL 33186
SO MIAMI FL 33143 -3505
j
P
BRIAN TRUJILLO
8477 SW 158 CT
MIAMI FL 33193
VANESSA C BLANDING
6065 SW 64 TER
S MIAMI FL 33143
MARIA HORTENCIA VELASCO
ROGER MAURICIO COLL
10050 NW 44 TER #107
DORAL FL 33178
LEE R PERRY &
JANICE P DANTZLER
6221 SW 62 TERR
MIAMI FL 33143 -2174
JESSE L WILLIAMSON
331 EMMERSON ST NW
WASHINGTON DC 20011
2
L -2174L -(72 LABELS) (ORIGINALLY 107 NAMES)
JANICE P DANTZLER SCHOOL BOARD OF
6221 SW 62 TERR MIAMI -DADE COUNTY
SO MIAMI FL 33143 -3403 1450 NE 2 AVE
MIAMI FL 33132 -1308
JUAN CABRERA &W MAGDALENA
5625 SW 62 AVE
MIAMI FL 33143 -2107
KENYA D FERGUSON
6041 SW 66 ST
SO MIAMI FL 33143 -3423
BERNICE MCDONALD
6021 SW 66 ST
MIAMI FL 33143 -3423
TEVIS D BACON
6001 SW 66 ST
S MIAMI FL 33143
LARRY D BURKES &W MARCIA
6530 SW 60 AVE
SO MIAMI FL 33143 -3403
F
STEPHANIE GRANT
6531 SW 61 CT
SOUTH MIAMI FL 33143 -3410
RUBY A TURNER JONES
10781 SW 168 ST
MIAMI FL 33157
RICHARD REDDEN
6124 SW 64 TERR
MIAMI FL 33143 -3408
DORIS MILLER
6100 SW 64 TERR
MIAMI FL 33143 -3408
MIAMI -DADE COUNTY
MIAMI -DADE HOUSING AGENCY
1401 NW 7 ST
MIAMI FL 33125 -3601
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