14South Miami
bed
JIII·Amorita CitY
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
'~IH'
To: The Honorable Mayor and Members OfthyC' y Commission
Via: Hector Mirabile, Ph.D., City ~an7r' A
From: Christopher Brimo, AICP O~ ~
Planning Director / /
Date: February 21,2012 ITEM No.-,-,---,. __
SUBJECT:
A Resolution of the Mayor and City Commission, relating to a request for a variance
from Section 20-3.5(E) of the Land Development Code, to allow 54 feet of frontage
where 60 feet is required, on property located at 6487 SW 60th Avenue, South Miami,
Florida, within the RS-4 zoning district; to permit the construction of a new one-story,
LEED (silver) affordable single family residence within the City's Community
Redevelopment Area.
SUMMARY OF REQUEST
The applicant, Miami-Dade Affordable Housing Foundation is requesting approval of a
variance for lot size and lot frontage in order to construct a new affordable single-family
residence on a vacant lot located at 6487 SW 60th Avenue.
BACKGROUND
The subject parcel is a legal non-conforming lot ofrecord 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 Fonndation (Developer) to construct a
new LEED Silver certified, affordable single family residence. The City's Land
Development Code requires any new construction to meet the zoning standards for the
particular district where it is located; in this instance, within the RS-4" Small Lot Single-
Family Residential District. The applicant in a hardship letter claims that the substandard
size of the property prohibits the use of the property.
The Planning Board at their January 31, 2012 regular meeting, following a public
hearing, voted 7 ayes, 0 nays to recommend approval of the variance request to the City
Commission.
APPLICABLE REGULATIONS (See ATTACHMENTS)
• Land Development Code Section 20-3.5(E) Dimensional Requirements
20{)1
Section 20-3.5(E)
DIMENSIONAL REQUIREMENTS
SINGLE-F AMIL Y RESIDENTIAL DISTRICTS -ONE-STORY
Min. Lot Size RS-4
Net Area (sq. ft.) 6,000
Frontage (ft.) 60
Min. Yard Setbacks (ft.)
Front 25
Rear 25
Side (Interior)a 7.5 b
Side (Street) 15
Max. Building Height
Feet 25
Max. Building Coverage (%) First floor 30
Max. Impervious Coverage (%) 45
STAFF OBSERVATIONS
(a) The applicant is proposing to build a new 2,161 square foot single family residence on
the referenced site. The proposed development meets the other requirements of the
development code and will require an appearance before the Environmental Review and
Preservation Board following review and recommendation by the Planning Board and
review and approval by the City Commission.
(b) The subject site is surrounded by the following properties and zoning districts: RS-4
residential and NR zoning to the north; RS-4 Residential to the south, east and west.
(c) In June 2008 the City Commission amended the Land Development Code to add
specific criteria for judging variance requests. LDC Section 20-5.9 (H) now requires that
all variance decisions shall be based on an affirmative finding as to each of the following
criterion:
1. The variance is necessary to relieve particular extraordinary conditions relating to a
specific property;
The requested lot frontage variance is necessary to use the property.
2. Denial ofthe 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 reguested variance is the minimum variance necessary to make possible the
reasonable use of the land, building or structure:
The granting of the requested variance is the smallest possible and the
only ones necessary to allow for the reasonable use of the property.
5. That the approval of the variance will be consistent with the general intent and
purpose of the Land Development Code, and will not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
The approval of the variance is consistent with the City's objective to
provide affordable housing within the Community Redevelopment Area,
and will allow a vacant property to be used and for the City to receive
property tax and other revenues. In addition the proposed use is the type
of use consistent with the RS-4 zoning district and will be compatible with
the abutting and surrounding properties. These objectives are consistent
with the stated objectives of the adopted comprehensive plan, community
redevelopment plan and land development code. The variance requested
will have no impact on surrounding properties.
RECOMMENDATION'
It is recommended that the Commission approve the lot frontage variance, with the
conditions that the structure is constructed in accordance with the agreement between the
South Miami Community Redevelopment Agency and the Developer.
Backup Documentation:
• Resolution
• Application
• Location Map
• Letter of Hardship/Intent
• LDC Section 20-3 .5(E)
• Warranty Deed
• Agreement between the Developer and the SMCRA
• Copy of Public Notices
• Survey
• Site Plan (Exhibit A)
• Specifications
Z:\Comm Items\2012\2-21-12\6487 SW 60 Ave Variance Request\6487 SW 60 AVE_ eM Report.docx
1 RESOLUTION NO. ________ _
2
3 A Resolution of the Mayor and City Commission, relating to a request for a
4 variance from Section 20-3.5(E) of the Land Development Code, to allow 54
5 feet of frontage where 60 feet is required, on property located at 6487 SW
6 60th Avenue, South Miami, Florida, within the RS-4 zoning district; to
7 permit the construction of a new one-story, LEED (silver) affordable single
8 family residence within the City's Community Redevelopment Area.
9
10 WHEREAS, on November 2011, the Community Redevelopment Agency donated and
11 conveyed the title of the property to the Miami-Dade Affordable Honsing Foundation to construct a new
12 LEED Silver certified, affordable single family residence; and
13
14 WHEREAS, the property is a non-conforming lot of record requiring a variance in order
15 to construct the new single family residence; and
16
17 WHEREAS, application No. PB-12-001 was submitted to the Planning Board by
18 applicant Miami-Dade Affordable Housing Foundation; said application requesting approval of a
19 variance from Section 20-3.5(E) to permit the construction of a new one-story, LEED (silver)
20 affordable single family residence within the City's Community Redevelopment Area to allow 54
21 feet of frontage where 60 feet is required, on property located at 6487 SW 60th Avenue, South
22 Miami, Florida, within the RS-4 zoning district; and
23
24 WHEREAS, the approval of a variance requires a recormnendation from the Planning
25 Board and the approval of the City Commission after a public hearing; and
26
27 WHEREAS, at its January 10, 2012 meeting the Planning Board, after public hearing,
28 voted 7 ayes 0 nays to recommend approval of the variances requested; and
29
30 WHEREAS, the Mayor and City Commission of the City of South Miami desire to
31 accept the recommendation of the Planning Board.
32
33 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
35
36 Section 1. The recitals set forth in this resolution are true, that they are supported by
37 competent substantial evidence and that they are incorporated into this resolution by reference.
38
39 Section 2. That the subject application submitted by applicant Miami-Dade Affordable
40 Housing Foundation, requesting approval of the variances from Section 20-3.5(E) to pennit the
41 construction of a new one-story, LEED (silver) affordable single family residence on a vacant lot
42 to allow 54 feet of frontage where 60 feet is required, on property located within an "RS-4"
43 Single Residential Zoning use district, specifically located at 6487 SW 60th Avenue is hereby
44 granted.
45
1 Section 3. The approval of the requested variances includes Exhibit A, Site Plan by
2 Architect Steven Luria AlA, dated 12-10-2011, for proposed residence at 6487 SW 60th Avenue
3 is incorporated herein.
4
5 Section 4. This resolution shall be effective immediately upon being approved.
6
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PASSED AND ADOPTED this __ , day of ___ , 2012.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
f'j'",-"Ci "M' , \_J,!'y 01 L}Olltn .1.lallil
~, • g 7 . n t . .P!annIng CI.:lC ""-,,onlng Lepar me:rrt
City Hall, 6130 Sunset Drive) South I'vfiamj) Florida 33143
Telephone: (305) 663-6326; Fax: (305) 668-7356
Application For Public Hearing Before Planning Board & CHy Commission
/
p,ddress .of SubJect Property: l~.4-:3 1" §A/ :jO'/'j'-(:Yc".
,~;-l " ,
Meets & Bounds: /V /14
I Representative: . ..,
/v'/en
Address:
Prope/tlj Owner: .111 il A .i" ;:1 /"'. v 1\ J I ,.,...
... ...,h . /1 ,-"'"
Mailing Address: <r q 00 // vV !! J /1 Sf" >/:L~
,1.,,1 j tV:; i I ft--:(i;' } 2-{d
Architect/Engineer: f Ulr{tl.
Lot(s) ~:l-~ Block _,_' __ Subdivis.ion -;ir{/JAI.X/ __ //U
PB £~ -31-
Phone: .' ;:?n~,;" ( /(/.r/J)/j'/f/ '')
Organization:
Phone:
Signatvr VI"'-"'f
Phone: .-' h ,~-'-;;,n:;:, I 1 ..,./ -(1" '~7 " 0 /V':/ r1~ -'
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Owner Owner's Representative Contract to purchase
APPLICATION IS HERESY MADE FOR THE FOLLOWING:
PLEASE CHECK THE APPROPRIATE iTEM:
Text Amendment to LOC I = Zoning Map Amendment
_ PUD Approval
_ PUD Major Change
X"Variance
_Special Use
_Special Exception
_Other (lNaiver of Plat)
Option to purchase Tenant/Lessee
I SUBMITTED MATERIALS
PLEASE CHECK ALL THAT APPLY:
! ~ Letter of intent
~ Justifications for change
l Statement of hardship
~ Prool of ownership or letter from owner
I
The undersigned has read t~is completed app1ic~tion. and represents that the h"lformation and all submitted materials are true and C{i; ;tr best of the apphcant's knowledge ana behef()ptl I A. i:bn::_:: 2. ~ J>! (
A';tii;;af's Signature and title Print Name ' , Date
Upon receipt, aDplications 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.
I OFFiCE -USE ONLY: !
I Date FiJed_-,---,-__ Data of F8 Hearing _____ Date of Commission,_____ I
I Petition Required,___ Petition Accepted_______ I
LI ~M~.e~th~o~d~o~f~P~a~ym~l~e~nt~· ~~~~~~~~~~~~~~~---~-----------------~
41l6/09X:\Forms\PB Appl'ication.for Public Hea.:-lng (Revised 2009),doc
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South Miami
t~;d Imp
2001
CITY OF SOUTH MIAl\1I
To: Honoruble Chair &
Planning Board Members
From: Chrhtophel' Brlmo, AICP d/
Planning Dircctor rt 1
PB-12-00l
Date: January 31, 2012
Re: Variance Request
6487 SW 60th Avenue-
RS-4 Zoning Disttict
Applicant: Miami-Dade Affordable Housing FOllndation
Location: 6487 SW 60th Avenue.
A Resolution of the Mayor and City Commission, relating to n request for a variance
from Scction 20.3.5(E) of the Land Development Code, to allow 54 feet of frontage
where 60 feet is l'equh'ed, on property located at 6487 SW 60th Avennc, South
l'Iliami, Florida, within the RS-4 zoning district; to permit the constructioll of a llew
one-story, LEED (silver) affordable single family resideuce within the City's
COlllmunity Redevelopment Area, and providing an effective date.
SUl'IIlVlARY OF REQUEST
The applicant, Miami-Dade Affordable Housing Foundation is requesting approval of. variance
for lot size and lot frontage in order to construct a new affordable single-family residence 011 a
vacant lot located at 6487 SW 60th Street.
BACKGROUND
The subject parcel is « legal nOll-confonning lot of record that was owned by the City of Sonlll
Miami Communlly Redevelopment Area that was platted prior to tile establishment of lbe curreut
dimensional requirements for the RS·4 zoning district. Ou November 2011, the Community
Redevelopment Agency donated and conveyed the title of the referenced pl'Ope.,y to the Miami-
Dade Affordable Housing Foundation (Developer) to eO!llltruct a new LEED Silver certified,
affordable single family residence. The City's Land Development Code requires any new
constructioll to meet the zoning standards for the particular district where it is located; in tIlis
instance, within the RS-4" Smull Lot Single-Family Residential District. The applicnnt in a
hardsltip letter claims thalllle suhstandard size of the property proltibits the use ofthe property.
APPLICABLE REGULATIONS (See ATTACHlvIENTSl
• Land Development Code Section 20-3.5(E) Dlli/ells/ollnl Reqllil'elllellfs
ST ,'.FF OBSERVATIONS
(a) The applicant is proposing to build a uew 2,161 square foot single family residence on the
reterenced sile. The proposed development meets the other requirements oftile development code
nnd will require nn appearance before the EuviromnentaI Review and Preservalion Board
tbllowiug review and rccommendation by the Pimming Board ami review and approval by the
City Commission.
(IJ) The snbject site is slln"Ollllded by the following properties and zoning dislricts: RS~1
residential and NR zoning to the north; RS-4 Residential to tbe south, east and west.
(c) In June 2008 the City COll1mission amended the Land Development Code to add specific
criteria for judging variance requests. LDC Section 20-5.9 (H) now requires that all voriance
decisions shall be based on an affirmative finding as to onch orthe following critelion;
1. The variance is necessary to relieve particular extl'flordjnaty conditions relating to a
specific property;
Tlte requested/at frolltage val'Iallce1s necessm,' 10 lise tlJe property.
2. Denial of the varjance would restlll in hardship to Ihe ownel·. Hardship results if Ihe
reslriction of Ihe zouiug ordInance, when aulllM_Jo a particular properly, becomes
arbili·nlX, confiscalolX or uuduly oppressive because of conditions of the property thO!
distinguish it from other propel1i es under similar zoning restrictions:
A tle"/liI of tile 1'(ll"Iallce II'olilti be all oppressil'o Itanlship Oil tlte Oll'lIer by
pre)'ellt/llg Ille pJ"Opel'(I'./i·OIll belllg IIscllor buill "1'011,
3. The extraordinary conditions and circulllstances do uot result tl·Olll the nctions of Ihe
anplicant;
TIle woporly w"s a 1I001-COIifol"lltlllg plfll/ed lot of rocord prlOl' 10 bolllg
Il'fl1lsjeJ'J'ef/ to tile em'rellt OWlleJ'.
4. The reouested vmiance is Ihe minimulll variance necessary 10 Illllk" possiblc the reasouable
use of Ihe land, building 0'· stmcture;
Tire gl"llllllllg of Ille requesled l'fll'iallce is lite slIIollest posslblo 0/1(1 tlte 01111'
olles I,.eessm~' 10 olloll'for l/te .-easollable lIse of lite properly,
5. That Ihe "PIl,·ov"1 orlhe variance will be coosistent with tile geneml intent and plln~
the Land Development Code, aud will not be injurious 10 the neighborhood or olbanyjse
detrimental to Ihe public welr.,re.
Til_ api"·Ol'fli of rile I'flriallco Is cOll81slem willi '" •. CII),'s ob}ecliI'e 10 PI'Ol'/dO
flffol"llablo hOl/s;1/g ",lIhllI lite Comml/lllly Redevolopmen/ Area, (/1111 ",If{ allow
a vflcaUI pl"Opel'ly 10 be IIsed fIIul fOl" Ille Clly /0 ,'eee/I'. propel'ly 1(1;" 01111 olfler
I"eVelllles, III IIddllloll the proposeill/so is lite Iype of /lse COlls/s/elll wlthlh.
RS·4 zollillg illstl'lc/1I1IIlwlll be compallbl. II'llh ,h. Ohlllflllg 11/11/ slIn·ol/1l1lillg
properlles. Tllese ob}eelil'es 111"0 cOllslslelll wltlt Ih. slaleil objectll'l!s ~r Ih.
adopted cOlI/prehel/sll'e p/all, COTllI/llmlt)' re".,','opIIIOIII 1'1011 Oil" lalll!
dOl'e/opUlent code. '11,e llm'lifllce l'eqllflstetiwllllUlI'c 110 Impact fIJI SllI'J'Olflullllg
proper/Ie."
RECOMMENDATION
It is recommended that Ihe Board recommend approval of the Jot frontage variance, with the
conditions Ihat Ihe stmclure is cOl1sll1,cted ill accordance wilh the agreement between Ihe Soulh
Miami Community Redevelopment Agency and the Developer.
Sec lion 20.3.5(E)
DIMENSIONAL JillQUlIlEMENTS
SlNGLE·FAMll Y RESIDENTLIL DISTlUCTS· ONE STORY , . .
MIn. Lot 51z"
Net Area (sq. ft.)
Frontage (ft.)
Min. Yard Setbacks (ft.)
Pront
Rear
SIde (Interior)'
Side (Street)
Max. BuildIng Height
Feet
Max. Building Coverage (%)
Max. Impervious Coverage (%)
Attachments:
Appllcal/olJ
Local/Oil Al{/p
Leffel' of H(ll'ffslti'p/llllelll
LDC Sect/aI/20·] .S(E)
WIll'YlU1fJ'Deel/
.
---
Agreem811f betwf!ell 'lie Develop!!1' fUul file SMCRA
Cop), of Puhlle Nollces
SflJ'IICY
Sit. Plall
Speclflcatloll.,
RS·4
6,000
60
".--.~
25
25
." .. _---_.
7.5"
15 --
25
FIrst floor 30
45
I
7.;\pml'll Ag<!ltdas ~lfI(f RcporlS\2Ul2 Agenda SlllrrRe!IO\'1s\!.lO·2012WU·IZ·OI)!\pg·12·001 VarIlluce_6~S7 SW 60111 Ave.doe
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City of South Miami
Planning & Zoning Department
City Hall, 6130 Sunset Drive, Soulh Mlallli, Florida 33143
Telephone: (305) 663-6326; Fax: (305) 668-7356
Application For Public Hearing Before Planning Board & City Commission
Address of Subject Property: 4 "'f 2f q /1(1 ,j;(!1/'/jV(_, Lol{S).f!:-, Block..L-SubdivIsion •
Meets & Bounds: If /11
Applicant: /1' . i\. I A ~ rf I I II '.". -z;;., . n".1· Phone: /' . Ivi/llml· tp<V_ MJf"'" "I?U t[VllSI'1 W,;ntt'(,flfn, ,'{.f/c. L"/1/)AI!PI')
Represenlalive: " OrganIzation:
fV /"
Address:
Property Owner: jV/ D A 11 vI
Mailing Address: 1 ~oO IV W 1?"II'Sf~ ')iIff<
/v'I1({t1.; Pi-;r'J i 'l-ti>
ArchitecVEnglnear: (' .J. I " .
?f·e,I/L-vuna
Phone:
Signatur :
A
AS THE APPLICANT, PLEASE INDICATE YOUR RElATIONSHIP TO THIS PROJECT:
_Owner Owner's Representatfve _Contract to purchase Option to purchase Tenant/Lessee
APPLICATION IS HEREBV MADE FOR THE POLL OWING:
PLEASE CHECK THE APPROPRIATE ITEM:
_ Text Amendmanl to LDC
_ Zoning Map Amendment
_ PUD Approval
X'V:ariance
_Speelat Use
_SpeCial ExcepUon
SUBMITTED MATERIALS
PLEASE CHECK ALL THAT APPLY:
¥-LeUer of Inlonl
:I.L Jusllfica!lons for change
~ Statement of hardship
<I. IN
_ PUD Major Change _ Olher (Waiver of Plat) ~ Proof of ownership or laller from owner
_ PO,wer of atlorney
\, GonlrtlGHo·purehase 7)l.\Ielvpu Ar.«l))lJ<q .
~ Currenl survey (1 original sealed aid
Srtefly explain appllcallon and cite ,pecinc Code secllons:
1J" ''-0re-,I! is 'i!QJ>ed RS·« , !l/PI1fIF/ re,/lIlf'fs Vtftillllct I,,:,,'"
:ftc. W-!>,S: to ,,-((0,11 tr' £4 1 mr,-(;(4<. r;/;"/<-(i/lffJi1!dr,<!_
/> Nl'l,JiH(I. 1M tr~f.t?.y-/J.. Nd{ dO>7e'k<f b'/, $/.1C£/J -f.V
f.1flilNr;;: /v hllild ue].arfJ/id «((.;rd,<t('. hb<lsrn(/(.-r
I",v-·1. mcrft;m(( -i}JC"Yl« /it ///t'/I/s. v'
Secllon:__ SubseeUon: __ Page #: __ Amended D.le:. __ _
slgnedl1 reduced eopy@ 11" x 17")
" 16 copies of Site PI.n and Floor Plans
1 reduced copy@ 11" x 17"
~ Affidavll·Recelpls alle,lIng to mall
nollces san!
\, Mailing lebels (3 aels) and map
_ Required Fee(s)
The understglled has read Ihis completed application and ,"presenls lhat Ihe information alld at! submitted matcri.I, are true and
carr ct to the best ofth. applicant's knowledge and beUef.
Ope. ( A o;;nt'~ ! 2/t'l (
Print Name Date
Upon receipt, applicalions and all submitted malerials will be reviewed for compli.nee with Ihe Land Development Code and olher
applicable regul'dions. Applications found nolln compliance will be rejecled and returned to the applicant.
I OFFICE USE ONt V:
Date Flied Date of PB Hearing Date of Commlssion, ____ _
Petition Requlred__ Petition Accepted, ____ _
Method of Pa ment
rIIl6109X:\Forms\PB Appll~atiort for Public Hearing {Revised 2(09),doe
(Wi1 r 6411
8421
6~31 6470
City of Son!!! Miami
PIH2-001 Val'iance
6487 SW 60 Avenue
-=,--::-!~---~-r----~),C--_--c-JI Feet o 100 200 300 600 900 1,200
59Sfl 6943 593f u21 5!i1 5001
m
iii 6225
~ ~ 6239
6253· 62.7
SW62NOIER
ffi73 6272 6273
6269 6288· ~ "-'" b 0; 0
~ '0 m III
6361 6300
5316 3 OST
~ 00 N g iiiiii III 6332
5$9 f 87~ G7 5855 3
62S5 ~ Iff 8840 I
f--
626. f-.;-~ 62£0 •
f--'1>6'Q ~ 'I/.
3305 J~ -=--6286
632. fi ~J f-s;2o"
6335 6~lO ill )jJ r--
I~ 6336
891$1 ~ --6$0 6346
HARDEERD
M61 6466
6411 6410
6421 M20
6431 M36
6441 6440
656' 6500
6511 651G
6521 6520
6531 6530
51ft. 6510
" 6111
6,121
a: M31
~I-cM=41+-!
iJi 1-65:..°:..'-1-_1
6511
6521
6531
.1143
MIAMI-DADE AFFORDA8LE
HOUSING FOUNDATION, INC.
December 7, 2011
Christopher Brimo, AICP
Planning Director
Planning and Zoning Department
6130 Sunset Drive
South Miami, Fl 33143
Re: Variance request for 6487 SW 60" Avenue ( lot 7, Block 1, Franklin Subdivision, PB 5-34)
Dear Mr. Brimo:
Miami-Dade Affordable Housing Foundation, Inc. hereby requests a variance from Section 20-3.5 of the
Land Development Code in order to allow for the construction of a one·story, single-family home on
property located at 6487 SW 60 th Ave, within the "RS-4" single family residential zoning use district. The
variance request is to allow a 54' frontage where a 60' frontage is required. The property was donated
to the Foundation by the City of South Miami CRA to build l.EED-certlfied, affordable housing for low-to
moderate~income families.
The property is a non-conforming property in a plat that was recorded in 1918; properties in the plat
and abutting the subject property are non-conforming. Development of the property without the
granting of this waiver is impossible. As it is a goal of the City to provide affordable housing, we ask that
this variance be approved.
Thank you for your consideration.
Sincerely,
~es
Executive Director
A NOT·FOR-PROF!T 501(c){3} CQRPQRt\TION
7300 NW 19 Street. Suite 502
Miami, FL 33126
Phone: 305·1171~9750
Fax: 305-471·9754
Emai!: rndahfi@bel!south.net
This instrument was prepared by:
Thonms F. Pepe, Gene,al Counsel
City of.8outh Miami Community
Redevelopment Agency
1450 Madruga Avenue, Stc 202
Coral Gables; Flodda 33146
·Prop.erty Appraisers Parcel
IdentiIicatioll (Folio) Number:
WARRANT'\{ DEED
THfS INDENTURE, made this s!. day of December, 2011 b·etween City of South
Miami Community Redevelopment Agency, a community redevelopment agency of the City of
South Miatni, a Florida municipal cOlporation, 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 01' "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 7, LESS the West 2.50 feet thereof, Block 1 and 4.00 feet of Alley lying
South and adjacent to the South line, closed by resolution R-n-l5i7,
FRANKLIN SUBDIVISION, according to the Plat thereof as -recorded in
Plat Book 5, Page 34 of tlte Public Records of Miami-Dade County,
Florida; folio number 09-4025-010-0080; alkla 6487 SW 60 Ave., South
Miami, Florida (herein after known as the "tlte Property").
TBIS 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 20 I j and subsequent years.
THlS CONVEYANCE IS ALSO MADE SUBJECT TO the following CQvenants
running witb the land, and setting.forth the right of reentry, to wi!:
I. The Developer shall commence wOl:k on the property transferred under this.Deed
for. tbe de:velopmellt of a 3 bedroom/2 bath residential single-family home for affordable housing
Page] of5
purposes (hereinafter to be kuO"~l as "the Jmprovement"). EJeveloper covenautsand agrees that
the Eroperty 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 Depailment of Housing and Urban Development ("RUD") for
Miami-Dade County (as set forth in the attached ENliibit A or as amended by HUD) and .as
adjusted for the size of'~le purchaser's family, for affurdable housing. purchasers and who shall
hereinafter be referred to as "S-MCRA Qualified Purchaser". At such time, the Developer shall
be ·responsible for ·the review and selection of low to moderate income llpp1icant home buyers in
accordance with alJ applicable Federal, State and County and local law and with Agency final
approval. However, the Daveloper shall prioritize applicants as fol!ows:
.fl. Low-income (in accordance with HUD guidelines) SMCRA residents;
b. SMCRA residents whose family income is 120% of BUD guideline, or
less, for median income f.1milies;
c. Low-income (in accordance with HUD guidelines) City of South Miami
,.esidents;
d. City of South Miami residents whose family income is 120% of BUD
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 Jess Iban 120% ofHUD gnideline for median income
families;
f. South Miami Comnltmity Redevelopment Agency Referrals whose
income is equal to or less Iban 120% ofHUD guideline for median income
families;
g. City of Soulb Miami Residents whose. income is equal to or less than
120% ofFill]) 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 fol' median income families.
The Agency shall have the sale discretion to resolve any conflict in the prioritization of
applicants
2. The Developer shall commence work on the Improvemen! and complete
construction within twelve (12) months iTom the date oflhis deed or one hundred. eighty (J 80) days from
the date of issuance of a huilding permit from the applicable aUliIorit)' having jurisdiction, whichever is
the shorter period.of time.
3. Promptly after completion of the Improvements in accordance wilb approved
plans and provisions ofihis instrunlent, the Agency, upon receipt of a Certificate of Occupancy
fi'om Miami-Qadi> County and the completion of all repairs and· walTantee work and the
expiration of tbe warrantee period, shall furnish tile Developer with an appropriate instmment
Page 2 of5
certifying -to the satisfactory completion of the improvement. Such certification shaH be in a
form recordable' in the Office of the ClerK of tile Circuit COUli of Miami-Dade County, Florida,
4_ The Developer agrees for itself, itS'successors and·.assigns, to or·ofthellropcr.tyor
any part thereof, .that the Developer and such successors and asst.gnS'shall-not discriminate upon
the oasis of race; color, religion, sex ornaiional origin in the sale or in the. use Or <Yccupancy of
the property or .any Improvements erected or to be erected thereon <Jt all any part thereof; and
this covenant shall be binding to the fullest extent pel1Ilittedby law and equity, for the benefit
and in.favor of, and errforceable by the Agency, its successors and ,assigns; ·and any successor in
interest to the property, or any part thereof The Agency sballhave the right in the el'ent of any
breach oflln;t such covenants, to exercise an the rights and remedies and to maintain ~ny actions
or suits at law or in equity or other proper proceedings to-enforce the curing of such br.each'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 prope11y or any part thereof when due. DEVELOPER shall not allow any
levy 01' attachment to be made, or any lien or any unauthorized ellcumbrance to be recorded that
is not transferred to a bond withill thirty (30) days of the levy, attachment or its recording in the
public record other than for the fonowing:
o. Any mortgagees) 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 detennined by an appraiser;
and
b. Ally mortgagees) 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 m0l1gagepul'porting to meet the
requirements. of clauses (a) or (b) above, of a statement of value by a Member of
American institute of Real Estate Appraisers C'MAP'), (or member of any similar or
Sllccessor organization), stating the value of the Improvements is equal 10 or greater than
the amount of such mortgagees), shall constitute conclusive evidence that such mortgage
meets such requirements, and that the right of any reenhy hereunder shall be subject to
Cind limlfed by, Cind shari no/ de fiat, render invalid, or limil 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 mOitgage inveshnent trust, pension funds, the Federal National Mortgage·
Association, agency of the United States Government or other governmental agency.
d. All qualified nlOllgages as defined above in subparagraphs a., b" and c.
shall be subrogated to the right of the Agency, at its sole and el>."Clusive discretion; to
assume the mortgage without penalty and the mortgage shall not become due orpayabie
solely by reason of the transfer of the property to the Agency in accor-dance with the
(elms and conditions of this deed. All mortgages issued by the DEVELOPER as mortgagor
shall provide Qla! the AGENCY shaU be given 1I0tic\).of any event of default under the terms of
the Jlloligage or mortgage note witilin 20· days of such event. In addition, .the mortgage shall
provide that "ny.fe-conveyance of Ihc title to the AGENCY shall no! trigger disadvantage to Ihe
AGENCY.
e. Liens Uial are timely transferred to a bond within 30 days from the date that the
lien is recorded.
Pagd of5
Irf I .
6. Developer shall not change the ownership or' distribution of the stock of the
De,'eloper or' change the parties in control of the Developer or the degree thereof w.hile the
property is titled in its name without the prio]' wrilten consent of the Agency, in its sale.
discrefion.
7. The D.eveloper shall not transfer the property or any part .thereof pr.ior 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
theguideJilles set fOl1h above in paragraph 1, but using the most current BUD affordable housing
income guidelines.
8. In the event the Developer shall violate or otherwise faj] to comply with any of
the covenants set forth herein, the Developer shall correct 01' cure the default/violation within
thirty (30) days of receipt of notification of the default sellt to it by the Agency. Notification
may be sent by United States mail to 7300 NW 19 th Street, #502, Miami PI 331'26, e-mail to
rume.malllling@earthlink.nct, or facsimile trall1lmissioll to 305-471-9750 or courier. If
Developer fails to remedy the default within thirty (30) days of receipt oflhe 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 nol defeat, render
invalid, or limit in any way the lien of any valid mortgage or Deed or Trust permitteciby this
Deed. In the event the Developer fails to constmct a residence and obtain the required
Certificate of Occupancy orCeltificate 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 encumbrrulces against the Propeli)' filed by a third·pati)' that has
provided financing in cormection with the development of the Property, for an amount equal to
Ihe tax assessed value of the property. The deed re-conveying the Property shaH only include the
same title exceptions contained.in the Htle policy issued to the Developer upon the initial
conveyance ofthe Property to the Developer. In case of the failure of Developer to perfonu any
oflhe covenants ill this deed, at the option of the Grantor, this Agreement shall be forfeited and
terminated, and Developer shall forfeit any and ali 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 incl11'red for the
ilUprovements made to the Property. All improvements made on the property shall be retained
by the Grantor ill full satisfaction ruld liquidation of all damages sustained. by the Grantor, and
the' Gramor 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 BeveJoper re,convey the Property and if, for an)'
reason, the Developer fails, neglects or refuses to re-wllve)' the Property, the Grantm may seek
specific peIiormance to obtain the re.,COllveyance of the Property without waiving its right to
Page40f5
rff
automatic reversion of title oftne property to AGENCY by way of the.:reverter provisiou' set
forthllereinabove. Alloftheprovisioll and covenants conU)ined in this deed shall survive the
closing Illld:transfer of-title to Developer.
9, Upon transfer by warranty deed to the Developer, Developer agrees that any sale
oflhe property shall be'io an affordable housing purchaser as' defined in paragraph 1 above aud,
the purchasers shall be obligated to comply with the Agency.deed restriction requiriJlg the
property to be purchased by a qualified ,affordable housing purcbaser 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 wawlllt the title to said land, and will defend the slllneagainst
the lawful claims of all persons whomsoever,
*"Gl'autor" and "Grantee" at'e used for singular or plural, as context requires,
Grantor
City of South Miami
Witness Conununity Redevelopmeut Agency
By: /tJ!UJ4jj
PhmpK Stoddard, as Chairperson
SEAL
Printed: ..J.l!.Cf,,¥~=%;
STATE OFFLORIDA )
) SS
COUNTY OF MIAMI-DADE )
r HEREB Y CERTIFY that on tbis 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., acknowjed~d
before me that he executed the same, and who presented as identification the following: ~ 7b 0VBd , and he did take an oath (or affilmed), 7f
WlThTESS my hand and official sea! ill the County and State last aforesaid this ~ day
ofDecember,201i. /~'\ ~ ,/ '0 ,...-:-;> i( '~ ./ ! )/ ~-~/
'Nertii-y Public =
Printed: Maria M, Menendez
PageS of5
I ,
A GREEMENT BETWEEN DEVELOPER AND
THE CITY OF SOUTH MIAMI
COiYlt'llUNlTY REDEVELOPMENT AGENCY
TIllS AGREEMENT is made this L day of November, 2011, between the
South Miami Community Redevelopment Agency ("AGENCY") and Miami-Dade
Affordable Housing Foundation, Inc. ("DEVELOPER").
WHEREAS, the AGENCY and the DEVELOPER desire for the
DEVELOPER; to obtain all constl'llction financing; to design and build the homes to
the satisfaction of the AGENCY and to meet or exceed LEED Silver certification
standards; to prepare all of the construction documents, including but not limited to
the plans, working drawings and specifications; to obtain all necessary permits for
the construction ofa single family home on each of the properties identified in
Exhibit C; to market the homes; to provide HlID/ SMCRA Re-Development Plan
approved homebuyers ("SMCRA qualified buyers") with counseling and to assist
potential buyers in qualifying for subsidies and financing from lending institutions
foJ' permanent financing and to do all things necessary to complete constmetion of
all of the homes in question and to sell the homes to SMCRA qualified buyers; and
WHEREAS, AGENCY qualified potential buyers will be selected in
accordance with applicable Federal, State, County and local laws and guidelines;
and
WHEREAS, the AGENCY is the current owner of the property listed on
Exhibit C, having acquired the properties for the purpose of providing affordable
housing and to eliminate the blight within the AGENCY boundaries; and
WHEREAS, AGENCY has elected to enter into this Agreement with the
DEVELOPER to provide affordable housing to AGENCY residents; and
WHEREAS, the DEVELOPER proposes to construct homes on the Propeliy
consisting of single family residential home together with aU appurtenances,
fixtures, and improvements ("Improvements") as set forth in the Development Plan
that is attached to this Agreement as Exhibit D-l, D·2 llnd D-3 as may be amended;
and
vvlIEREAS, the DEVELOPER has agreed to construct the affordable home
with the designated sales price foJ' each home not to exceed Two Hundred Five
Thousand Dollars ($205,000.00) 01' cost plus five percent (5%), whichever is the
lesser amount; and
Page 1 of 14 K Agency il!:J.=-DEVELOPER \
WHEREAS, the DEVELOPER agrees to perform the covenants set forth in
the Warranty Deed, the form of which is attached hereto as Exhibit A. The
DEVELOPER and any affordable housing purchaser shall be obligated to comply
with an AGENCY deed restriction requiring that the property shall be purchased by
someone whose household has earning at or less than 120% of the A vel'age Median
Income as established by United States Depaltment of Housing and Urban
Development ("I-IUD") for Miami-Dade County (as set forth in Exhibit F or as
amended by H1JD) and as adjusted for the size of the purchaset's family, for
affordable housing purchasers and who shall hel'einafter be refen'ed to as "SMCRA
QUalified Purchaser". In addition, the DEVELOPER agrees that any sale or resale
of the property over the next IS 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 HOD for Miami-Dade County based on
the then existing HOD income guideline, or, if none exists at that time, then as set
forth in Exhibit F, and who shall hereinafter be referred to as a "Subsequent
SMCRA Qualified Purchaser". However, should the home be owned by Subsequent
SMCRA Qualified Purchaser for 15 consecutive years, the qualified affordable
housing purchaser shall automatically be released from this restriction.
NOW, THEREFORE, in consideration of the covenants, mutua! promises
and in consideration of $ 10.00 or other good and valuable consideration which are to
be paid or delivered to the AGENCY, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
Section 1. Recitals-Whereas Clauses. The parties acknowledge and agree
that the recitals contained within the "whereas clauses", as set forth above, are true
and correct and that they are hereby incorporated by reference into this Agreement.
The following list of documents shall comprise the Agreement between the parties
and shall constitute, collectively, the "Contract Documents":
This Agreement;
Wan-anty 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 foulld in Exhibit C;
Project drawings, plans, specifications and schematics described in
Exhibit D-l, 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 "HOD") Affordable
Income Guidelines as found in Exhibit F.
Page 2 of 14 _ pit Agency ar-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 oflhe 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 propelties, 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 propetty 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
c()namoii.UpoiisuCh re-conveyance, whether voluntarliyor 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 fot' the completion of the project, and to
hold harmless Miami-Dade County and the City of South Miami for any damage
suffered by the DEVELOPER as a result thereof.
Section 3. Project Scope. The DEVELOPER shall provide construction
services to accomplish the completion of construction and improvements of the
residential homes to be located on the Properties in accordance with the approved
building plans and in accordance with the floor plan, front elevations and
specifications set 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 tbe Agency. The plans and specifications, including landscaping plans,
must be approved by the AGENCY, the City of South Miami's Planning and Zoning
--"Depatimenr-arid its Building Department, as well as by the Miami-Dade County
Building and Zoning Departments before construction can commence. The
DEVELOPER shall not be required to construct a home on the smallest of tbe six
proposed lots and said lot shall not be conveyed to the DEVELOPER unless the
AGENCY pays for the cost ofredesignillg the home for this lot, from a three (3)
Page 3 of 14 jlQ' Agency O?:j= DEVELOPER
bedroom, two (2) bath to a two (2) bedroom, one and one half (t -112) bath. The
Improvements shall be constructed in accordance with plans and specifications
(attached as Exhibit D-l, D-2 and D-3), and as may be amended. The Development
Plan, as well as the plans and specifications, must be approved in writing by the
AGENCY before the warranty deeds are executed and recorded. In the event that
the Development Plan, or any of the building plans and specifications, is not
approved by the AGENCY in its sole and absolute discretion, then the AGENCY, at
its option, may terminate this Contract without incurring any liability to the
DEVELOPER.
Section 4. Sale of Homes. The AGENCY shall convey the parcels identified
in Exhibit C, provided DEVELOPER covenants to immediately sell the home, upon
completion of constmction, to a SMCRA Qualified Purchaser.
Section 5. Term. The construction of the residential home on each lot shall
be completed within twelve (12) months fi'om 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 orthe one .hundred_eighty _ ...
(1"80) dayS) is tlieshorter period-cif time, Upon tlieexpiration oj' this schedule, any
land conveyed to DEVELOPER for which the DEVELOPER has not constructed a
single-family home in compliance with this Agreement shall be returned and re-
conveyed to the AGENCY so as to be made available for another AGENCY
affordable housing project. DEVELOPER agrees to use its best efforts to complete
the Project within the schedtlle. 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
shaJll'e-convey all of the property upon which a ftllly completed home that has been
issued a Certificate of Occupancy does not exist. Additionally, the AGENCY may
seek enforcement of tile Performance Bond, which is attached as Exhibit B.
Section 6. Compliance with Building Codes. The Project shall be performed
in accordance with the applicable codes, ordinances and statutes of the State of
Florida, the City of South Miami and Miami-Dade COllnty.
Se'ctiolf 7. Ai'lrendments. Any'amendrriehts, alieratio-ns: or vaJ:iiiiions to-tnis
Agreement will only be valid when they have been reduced to writing and duly
signed by the patties.
Page <101' 14
JJtCf' Agency
~ DEVELOPER ,
Section 8. Limitation of Liability. The AGENCY desires to enter into this
Agreement only ifin 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 iiability
never exceeds its maximum potential monetary contribution orthe current tax
assessor's valuation oftne property. The DEVELOPER expresses its willingness to
enter into tllis Agreement with recovery from the AGENCY for any action arising
out of this Agreement to be limited to the value of the proPeJty provided by the
AGENCY, and/or the return of the propeliy in substantially the same condition as
provided to DEVELOPER. Accordingly, the DEVELOPER agrees that the
AGENCY shall not be liable for any claim or damage in connection with the Project
in excess of the AGENCY's maximum potential monetary contribution as provided
under this Agreement, for any action or claim arising out of thls Agreement.
Nothing contained in this paragraph or elsewhere in this Agreement is in any way
intended to be a waive!' 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 01' award against the City shall include attorney's fees,
investigative costs or pre-judgment interest.
Section 9. Continued Compliance. After any payment, if any, is made by
the Agency and applied according to the requirements set forth in this Agreement,
. the Agency shalrbe autmriii'tically discharged from rinycinaalT'obITgations, lilibillties
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 constmction for a pedod 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 oftne 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
{Jlif Agency
~ DEVELOPER
(iv) Fails to apply for building permits for each lot conveyed, from all
applicable agencies, within 30 days after the effective date ofthis Agreement
01' 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 penuits for the
applicable Jot.
Section 11. Risk of Loss. Risk of loss by fire or other casualty shall be the
DEVELOPER's and the DEVELOPER agrees to maintain adequate insurance for a
sum not less than the full replacement value of the homes to be constructed. The
DEVELOPER shall not commence work under this Agreement until it has obtained
and submitted proof of all insurance required by the AGENCY, including the
insurance requil'ements set fOltb in Exhibit E.
Section 12. Independent Contractol·. The DEVELOPER, its employees and
agents shall be deemed independent contractors and not agents 01' employees Qf
AGENCY, and shaH not attain any rights 01' benefits -generally afforded AGENCY
employees.
Section 13. Re-conveyance Covenant. The AGENCY may terminate tbis
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 01' the DEVELOPER
regarding the Project provided such liens are not bonded off as allowed by law
within thhiy (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) Reiisoliable evidencelhat anyportion of lhe Project cannot be
completed for the unpaid balance of the construction loan.
(iv) Failure to carry out any pOttion of the Project in accordance with
the Contract Documents.
Page 6 of 14
J2KL Agency &f-DEVELOPER
(v) Failure by DEVELOPER to slmt construction within six (6)
months from the date of this Agreement or to complete the homes within one
hundred eighty (180) days from the date of issuance of a building permit from
the applicable authority having jurisdiction, whichever is the shorter period of
time.
Section 14. Venue, Law and Attorney's fees. In the event ofa termination
by the AGENCY, the AGENCY shall additionally be entitled to bring any and all
legal andlor 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 agt'ee that the prevailing patty oj' 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 attol'lleys' 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.
Section 15. Eest 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 ofthis 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 oftime. 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 retumed, by DEVELOPER, to AGENCY.
Section 16, Representations and Covenants. DEVELOPER hereby represents
and warrants to the AGENCY the following:
(i) DEVELOPER is a corpol'ation 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 l.iquidatioll, termination or dissolution of
DEVELOPER.
Page 7 ofl4
~ Agency -¥!f=-DEVELOPER
(ii) DEVELOPER shall apply for construction permits within 30 days
from the effective date of this Agreement or within 30 days of the date ofthe
delivery of the deed tol' said lot, whichever is the greater amount of time.
(iii) DEVELOPER covenants and agrees that it shali cause the Property
to be developed in accordance with the building pians 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
b1.lilding plans and the development of property.
(iv) DEVELOPER shall complete constlUction of the home on each of
the lots within tweive (12) months from the date of this Agreement or within tweive
(12) months of the date of the delivery of the deed for the lot in question, whichever
is the greater amount of time, 01' one hundred eighty (180) days from the date of
issuance of a building permit fOl'said lot fi'otn the applicable authority having
jurisdiction, whichever (either the twelve ([ 2) months or the one hundred eighty
(180) days) is the shorter peri od oftime.
(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 oflhe 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 I'e-sale of the property shalll'equire sale to a Subsequent SMCRA Qualified
Purchaser. This provision shall survive termination of the Agreement.
(vii). Wan'anty: The Developer shall repair or replace all work
perfonned and materials and equipment furnished that were not performed in a
workmanlike fashion or not furnished in accordance with the telms of the Contract
and Contract Documents, and shall make good all patent defects thereof that have
become apparent before the expiration of one (!) year fi'om the date of the issuance
of the Certificate of Occupancy. Nothing contained in tbis Agreement shall limit the
Agency from enforcing the warranty for latent defects discovered more tban one (l)
year following the issuance of the Certificate of Occupancy. If any part ofthe
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 14
J!l[ 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 palt ofthe AGENCY's program to produce residential
property within the City of South Miami Community Redevelopment Agency
boundaries, As patt of the consideration for transfer of the Propeliy, DEVELOPER
has agreed to build an affordable house, as previously dermed, 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 df the date of the
delivery of the deed for the lot in question, whichever is the greater amount oftime,
or one hundred eighty (180) days from the date of issuance ofa building permit for
said lot fi'om the applicable authority having jurisdiction, whichever (either the
twelve (12) months 01' the one hundred eighty (180) days) is the shorter period of
time. The DEVELOPER may be granted one extension of time, for no more than
four (4) month, to complete construction upon delivery of a written request to the
AGENCYDil'ecto1' before the time fot' 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 Celtificate 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 Propeliy to the AGENCY,
subject to any encumbrances against the Property filed bya third-party that has
provided financing in connection with tbe 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 ofinitia1 conveyance oftlle 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 tel'minated, and
DEVELOPER shal! fo!'feit any and alJ claims to the Propeliy and the title to the
property shalll'eVeli 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 l'etained 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 l'e-convey the Property, the AGENCY may seek specific performance
Page 9 of 14
g,'t( Agency
f!Jj:::. DEVELOPER
to obtain the re-conveyance of the Property without waiving its right to immediate
and automatic reversion of the title to the AGENCY. This provision shall survive
the closing and transfer of title to DEVELOPER.
Section 18. Force Majeure. 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, 01' protest demonstrations. Should snch acts or circumstances occur,
the parties shall use their best efforts to overcome the difficulties and to resume the
work as soon as l'easonab ly possi ble.
Section 19. Independent Contractor. DEVELOPER, its employees and
agents shall be deemed independent contractors and not agents 01' employees of
AGENCY, and shall not attain any rights or benefits generally afforded AGENCY
employees.
Section 20. Notices. All notices, demands, con-espondence 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:
If to DEVELOPER:
Director, Stephen David
South Miami Community Redevelopment Agency
6130 Sunset Drive
Miami, Florida 33143
Fax: 305-668-7356
E-mail: SDavid@southmiamifl.gov
Anne E. MaIming
7300 NW 19 'h Street, #502
Miami FI 33126
Fax: 305-471 -9750
E-mail: anne.manning@earthlink.net
Section 21. Purchasers. It is agreed that all qualified buyers shall be require
sign a mortgage and note satisfactory to AGENCY and enforceable by the
AGENCY, which shall require that the re-saJe of the property with the constructed
Page iO of 14 ffI--Agency Idf:-DEVELOPER
I
I ,
I
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 defi!led.
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 detelmine the propel' application and use of all ftmds paid by, to
or for the account 01' the benefit of the DEVELOPER. The cost of construction, for
the purpose of determining the sales price shall not exceed the following percentage
oflhe total costs to build the homes: all preconstl1lction costs shall not exceed tlu'ee
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
othel' costs, including trades, subcontractors, bond and insurance costs shall not
exceed eighty nine percent (89%) of the total cost ofconstrllction.
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, I iabilities 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 llmited 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 selvants 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 constl1lclion defect including both patent and latent
defects; (f) failure to timely complete the work; (g) the violation of any federal,
state, or county Qt. city laws, ordinances or regulations by DEVELOPER, its
subcontractors, agents, .ser"vants,"independentcontractol's" or emp!oyees;" (h) the
breach or alleged breach by DEVELOPER orany term of this Agreement.
Page 11 of 14 &r Agency DEVELOPER
Section 24. Assignment. Neither patty shall assign its interest in this
Agreement without express written consent of the otber patty. Any violation of this
provision shall constitute a default oflhe DEVELOPER's obligations under the
terms of the Agreement.
Section 25. Taxes, Mortgage and Obligations. The DEVELOPER (or
successor in interest), shall pay the real estate taxes or assessments on the property
01' any patt thereof when due. DEVELOPER shall not suffer any levy or attachment
to be made, or any lien, or any unauthorized encumbrance that is not transferred to a
bond within thirty (30) days of the recording with the exception of the following:
(i) Any mortgagees) in favor or any institutional lender for the purpose
of financing any hard costs or soft costs relating to the construction of the
Improvements in an amount(s) not to exceed the value of the Improvements as
determined by an appraiser; and
(ii) Any mortgagees) 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 detennined by an appraiser;
and
(iii) The recordation, together with any mortgage purporting to meet
the requirements of clauses (a) or (b) above, ofa statement of value by a
Member of American Institute of Real Estate Appraisers ("MAl"), (or
member of any similar or successor organization), stating the value of the
Improvements is equal to 01' greater than the amount of such motigage(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.
(iv) All qURlified 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 mottgage without penalty and the
.... mottg§g~ shall nQt .bS:J:.WXl(LdJJ~.DrpayabJe solely .b"'J:eason..ofthetransfer.of ..
the properly to the Agency in accordance with the terms and conditions ofth1s
Pagcl2of14 i!tL. Agency
~ DEVELOPER
deed. All mOligages 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 mOligage or mortgage note within 20 days of such event. In
addition, the mOligage shall provide that any re-conveyance of the title to the
AGENCY shall not trigger any disadvantage to the AGENCY.
Section 26. Severability. If any provision or provisions of this Agreement
shall to any extent be invalid 01' 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 Agreenlent, the word or provision shall not be construed
against either party by reason ortlleir involvement in the drafting or negotiating of
this Agreement.
Section 28. Inspection. AGENCY may make 01' 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 01' 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
01' occupancy of the property 01' 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 propeliy, 01' 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 OJ' other proper proceedings to enforce the curing of such breach
of covenant, to which it 01' any other beneficiaries of such covenant may be entitled.
Section 30. Authorized Agent. The AGENCY and the DEVELOPER shall
each designate one person who shall be their authorized representative with respect
to this Agreement. The representative of the AGENCY shall be the AGENCY
Director; the representative ofthe DEVELOPER shall be provided at the time of the
joint execution of this Agreement.
Section 31. Waiver. The passing, approval andlor acceptance of any part of
the work or material by the AGENCY, its Architect or Engineer, if any, or by any
agent-onepresentati ve-oftheA GENCY·shatl-rfot Dpei'uteasa w81ver ortne
Page 13 of 14
_@L Agency rtf:-DEVELOPER
AGENCY's right to demand strict compliance with the terms and conditions ofthis
Contract. No act or omission or verbal representation or statement shall be treated
as an expressed or impJled 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 ofthe
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 paliies.
Section 32. Waivcl' 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 tbe Contract Documents or the performance of
the Work thereunder.
IN WITNESS WHEREOF, the AGENCY and DEVELOPER have caused
this Agreement to take effect on the day and year first above written.
WlTNESS:
Miami-Dade Affordable Housing
Foundation, Inc.
By: ~
Name: (Opal A. Jones
Title: Executive Director
SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY
By:O~ltltfi7/jfhQ
~[ Name:
Title:
Page 140f14
Philip K Stoddard'
Chairperson
4 Agency
. DEVELOPER
, FAMILY SIZE
EXHlBITA
United States HUD
(hereinafter referred to as "HUD")
Affordable Housing Guideline
INCOME ANO MORTGIIGE I.IMIT$
<J.. !for Famll'f Sit.,
150 i38. >4i 3C() S51, 10 107,62
601 .27. 144. S66. 10 >rI,
Example of a SMCRA Affordable Housing Purchaser, based
on the guideline set forth above, with a family of two (2) (as
defined by HUD) would include someone who meets the
requirements of the SMCRA for an affordable housing
purchase and whose income is below $66,240.00
EXIDBlTC
FRANKLIN SUB PB 5-34 LOT 5 LESS W2.5FT BLK 1 LOT SIZE
5875 SQ FT bearing folio number 09-4025-010-0060 alkJa 6457 SW
60 Ave., South Miami, Florida.
Deed Description: LOT 5 BLK I of FRANKLIN SUBDIVISION, nccording to tho Plat thereof, as
recorded in PI.t Book 5. at Page 34, oflhe Public Records of Miami-Dado County. Florida
Franklin Subdivision, PB 5-34, Lot 6 less W 2.5 feet, Block I,
Public Records of Miami-Dade County, FL. Vacant Lot Size 5875
Sq. Ft.; bearing folio number 090-4025-0 I 0-0070.
Deed Descrlplion: Lo16. LESS the West 2.50 feet thereof. Block I. FRANKLIN SUBDIVISION, according
to the Plat Ihereof as recorded In Plat Book 6, Page 34. of the Public Records of Mlami·Dade County,
Florida
Franklin Subdivision, PB 5-34, Lot 7 less W 2.5 feet Block 1, and
alley lyg S & Adj. CLOSED PER R-92-1517 Public Records of
Miami-Dade County, FL Lot Size 6180 Sq. Ft.; bea!'ing folio number
09-4025-0 I 0-0080; alkJa 6487 SW 60 AYE. South Miami, Florida.
Deed Descrlpllon: Lot 7, LESS the West 2,50 feet Ihereor. Block I, FRANKUN SUBDIVISION. according
to the Pial thereof, as recorded in Pial Book 5, Page 34, of the Public Records of Mlami·Dade County.
Florida.
Franklin Subdivision, PB 5·34, Lot 8, less beg NW Cor Lot 8 Th
E.2.5 feet, S 46.72 feet, W 3.05 feet, N 47.67 feel to POB Block 2,
& 4 feet alley 1yg N & Adj. Closed Pel' R-92-1517; Public Records
of Miami-Dade County, FL. Lot size 55.00 feet x 117 feet; 6318 Sq.
FI; bearing folio number 09-4025-0 I 0-0090; alkJa 6S0 1 SW 60 Ave.,
South Miami, Florida.
Deed Description: lol 8, Block 2, of FRANKLIN SUBDIVISION, according 10 the Plat thereof, as recorded
In Pial Book 5. Page 34, of the Public. Records 01 Miaml·Dade County, Florida; LESS beginning at Ihe
Norlhwest COrner of said Lol 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 leet Easl of as measured at rIght angles to and parallel with the
West line of said Lol 8, for a distance of 0:.96 feet to a point of cUNature of a·curve to Ihe left havIng
a radius of 1975 00 feet; Ihence Soulherly, along Ihe arc of said CUNe through a central angle of l'
21' 19". for a distance of 46.72 feet to a point on the Soulh line of said Lot 8; thence Westerly, along
said South line, for a distance of 3.05 feet to the Southwest comer of said LotS; thence Northerly,
along the West line of said lot 8. for a distance of 4767 feel to Ihe Point of Beginning
Parcellden!lncaUon Number: 0$-4025·010-0090
Larkins Townsite PB 2-105, Lot 8, Block 2, Public Records of
Miami-Dade County, FL. Lot size 7150; bearing folio number 09 ..
4025-028-0200; a/kJa 5928 SW 66 St., South Miami, Florida.
Oeed Description: LOT S ~bK 2 i>ARIUNS TO?t"NS!1'& 1'8 2 .. 105
Pilles Subdivision, PB 13-2, Lot! & W y, Lot 2 Block 4, Public
Records of Miami-Dade County, FL., Vacant Lot Size 3525 (37.5 x
94; bearing folio number 09-4025-009.0240.
Deed Description: lOll, and the West Half (w V2) of Lot 2, Block 4, The Pines, a subdivision of the City of
Soulh Miami, Mlami·Dade County, Florida, according 10 Ihe plat thereof', recorded in Plat Book 13, at
Page 2, of the Public Records of Miami·Dade County, Florida. (Miami-Dade County Property
Identification Number: 09·4025-009.0240)
_,'0'
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EXHlBITD~l
FLOOR PLAN
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FRONT ELEVATION . ... . --~ SCALE, 1/4 =1 -u
ALL DRAWINGS AND WRlTT8i MATERIAL APPEARING HEREIN cONsnruTE ORIGINAL AND UNPUBLISHED WORK OF '!HE ARCflJ'l"ECT. '!HE
SAME MAY NOT BE DUPUCA TED, USED OR DISCLOSED lI1'!HOUT WRITTEN CONSENT OF '!HE ARCHITECT.
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GP
AI
EXHlBITD-3
SPECIFICATIONS
EXTERIOR ·ICF WAltS 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 voe 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.
INTeRIOR DOORS TO BE HOLLOW CORE, EXTERIOR DOORS TO BE MIAMI·DADE COUNTY APPROVED
METAL DOORS.
APPLIANCES TO BE INSTALLED SHALL 3E APPROVED ENERGY STAR
FIXTURES TO BE APPROVED AS SOON AS THE WORKING DRAWINGS ARE FINISHED
TUB AND SHOWER WALLS MUST 8E COVERED WITH DUROCK OR EQUIVALENT FOR THE TILE AREAS.
GREEN BOARD IN THE BATHROOMS,
FLOORING, CABINETS, COUNTERS TOP SHALL NOT EMIT VOe'S. GREEN BOARD NOT NECESSARY IN
KITICHEN EXCEPT B€fIIND SINK. IF POSSIBLE TILE TO 6E OF RECYCLED MATERIALS.
ADDITIONAL SPECIFICATIONS ARE AS FOLLOWS:
HVAC TO BE SIZED WITHIN 1/2 TON OF CALCULATED TOTAL LOAD.
CEIUNG FANS TO 6E USED IN BEDROOMS AND GREAT ROOM.
SOLAR LIGHT TUBE W/INSUL. REFlECTIVE TUBE TO 8E INSTALLED IN GREAT ROOM
DECIDUOUS TREES PLANTED ON SOUTH SIDE -
NATIVE SHADE TREES ON EAST AND WEST -
lJ All DUCTWORK JOINTS TO 8E SEALED WITH MASTIC
EXHIBITE
ARTICLE 5 -INSURANCE
5.0 Tlte DEVELOPER sholl purchase from and maintain In a company or companies lawfully aUlhorized 10 do
business in the jurisdiction in which Ihe Project is localed such· Insurance as will protect the bEVELOPER
from claims scI forth below which may orlsc out of or r"ulI from Ih. DEVELOPER's operations under UIC
CO.lrael.nd for which Ih. DEVELOPER may bc legally liablo, whelher sucll operations be by Ihe
DEVELOPER or by a Subconlraclor or by noyone directly or indirectly employed by any of Ihem, or by
anyone fur whose acts any of them may be liable:
5.0.1 claims under \vorkers' compensation, dlsabilify benefit and olher similar employee benefit acts
which are applieable 10 Ihe Work 10 be performed;
5.02 claims fordamngcs because of bodUy injury, occUpruiOUlll sickness or disease, or dealh oflhc
DEVELOPIlR's employees;
5.0.3 claims for damages because of bodily injury, sickness or disease, or death of any person olher than
the OBVELOPER's cmployees;
5.0.4 claims for damages Insured by usu.1 personal injury liability coverage;
5.0.5 claims for damages, other limn to Ihe Work ilself; because of Injury 10 or deslruclion oflongibl.
propeny, Including loss of use resulting there from;
5.0.6 claims ror d,mages becmlse o[bodily IIIJUry, dealh of a person or properlY d,mage arising oul of
ownership! maintenanco or use of a motor vehicle;
5.0.7 claims for bodily injury or properly damage ari,ing 0.1 of completed operation,; nnd
5.0.8 claims illYolving conh'aelualliabillty insurance applicable 10 Ihc DEVELOPER's obJigullons
concerning the Project
DEVELOPER's LiabiHlY Insurance:
5.' DEVELOPER shllli prOVide and mninlnin in force unlil all Ihe Work 10 be performed under Ihis Contract
has been complcled and accepted by AGENCY (or for s.ch duration as is olherlYise specified hereinafter),
the insurance coverage set fonh below:
5.J..j Worker's Compensation insurance at Ihe slatu[()ry amount as to all employees in compliance with
the ·Workers' CompensalJolI Law" of the SInte of Florid. and all opplJcable federal Jaws. In
addition, Ihe policy(ies) musl include: Employers' Liability at Ihe slaMory covemge .moUnl. The
DElVELOP8R shall fi.rtllOr insure Ihal all of ils Subconlr.ctors mninlaln npproprfole levels of
Worker's Compen.'iatioll Insurance.
5.1.2 Comprehensive General LinbiUty with minimum limits of Two MiHioll doUnrs (S2,OOQ,OOO.OO)
per occurrence combined single limit for Bodily Injury Liability "nd Property Damage Liabilily.
Coverage must be afforded on 11 form no more restriclive than the JUlest edition of the
Comprehensive General LiabiHty policy. wUhout restriclive endorsements l as flled by the
fnstlrancc Services Office for (he Stale of Florida, ond must include:
5.'.2 (0) Premises mId Operation
5.1.2 (b) Independent Conlroelors
5.1.2 (c) Producls Dndlor Completed Operation, Hazard
5.1.2 (d) Explosion, Collapse and Underground Hazard Covemge
5.1.2 (0) Broad FOlnl Property Damage
5.!.2 (f) Brond Ponn Contractual Coverage applicnbic to fhis specific Contract, including
any hold harmless and/or indemnification agreement.
5.1.2 (g) Personal Injury Coverage with Employee and Contmctual Exclusions romoved,
with minimum limits of coverage equal 10 those required for Bodily Injury
Liability Dnd Property Damage Liability.
5.1.3 Business Au!omobilo Liability wilh minimum limi!s orTwo Million Dollnrs ($2,000.000.00) plus
an additional Two Million Dollar (S2,000,000.00) umbrella per occurrence combined single limit
for Bodily Injury Liabllily and Property Damage Linbility. Coverage musl be afforded Oil a rorm
no more restrictive than the itllest e.dition of the Business Automobile Liability policy, wHhout
reslricOvc endorsements, as filed by the Insurance Services Office for the Slate of Florida, 110(j
nlust hlc!ude:
5.1.3 (a) Owned Vehicles.
, ,
53
5.'1
5.6
5.7
5, L3 (b) Hiredand Non-Owned Vellicles
5. i.3 (o) Employers ' Non~Ownership
Before starting Ihe Work, tho DINELOPER sh.1I file will, t1lO AGENCY certificates of such insurance,
acceploble to Ihe AGENCY, which must contain, ~mong other things, the nil me, address and telephone
number of the insurance agent or broker through whom Ihe policy was obfained. n prOVIsion adding the
AGENCY as an additional named insured; these certificates shall confain a provision lIlal Ihe coverage·
afforded under tile policies shall not be cnllceled or materially changed UJltil at least thirty (30) days prior
\winen Ilolice has been givcn by tile insurer to the AGENCY by certified mail. TIle Insurer shall be rated
A.VII Or better per A.M. Best's Key Rating Guide f lnfest edition nnd authorized to issue insurance in the
Siotc of Florida.
The DEVIlLOf'ER agrees Ihat if any part of the Work under the Conlra" is slIblet, the subcontracf shall
contain Ihe same insurance prOVision as set rorth in section 5,1 atld 5.2 above and substituting the word
SUBCONTRACTOR for tl1e word DEVELOPER where applleable; however, .1 the DEVELPER'S
discretion, Ihe limits ofa Subcontractor's insurance may be Five Hundred Thousand Dollars ($500,000,00).
Fire and E,tended Covernge Insurance (Builders' Risk):
The DEVELOPER shaH maintain, as npplicnblc, in an Insunmcc Company or Jnsural1ce Companies
acceptahle to Ihe AGENCY, Fire, Extended Coverage and VandalIsm & Malicious Misehier Insurance on
buildings and slruclures. While In Ihe ~OUr.sc of construction, incluuing foundafions. additions, attachments
and all permanent fixtures belonging to nnd constituting a part of said buildings or struelUres. The policy or
policies sbaU also cover mnehinery, If the cost of machinery is included in tile Contracl, or ifthe maebinery
loeated in a building that is being renovaled by n~ason of this conlracl. The amount of insurance must at ;-'U
limes be atIeost equal 10 the actual cash value of the illsured property.
Th. policy shaU he in the nnme of the AGENCY nnd the DEVELOPER, as their inter.st may appear, nnd
shall also cover the interests of all SubconlractOrS performing Work.
The DEVBLOPER sball provide Ihe AGENCY with satisrnclory evidence ecrtifying thai Ihe foregoing
insurance is in force; and such evidence shall inchrdc provjsions naming the AGENCY as lin additiomd
named insured and providing Ihnl the insurance shall not be canceled Or materially changed until al le.st .
thirty (30) days prior written notice has been given by the insurer to Ihe AGENCY by certified mall.
Cancellation and Re·lnsurance:
If any notice of canceUation of insurance or change in the pollcy, given by rue insurance company or
should aflY insurance have an expiration dale that will occur during (hc period of this Conlract, the
DEVELOPER shall be responsible for securing other accept.ble insurance prior to sncb cancell.tion,
change j or expiration so IlS 10 provide continuous coverage as specified in Ihis section and so as to maintain
coverage durmg the life of this Contract.
All deductlbles llIust be declored by 'he DEVEl.OPER nnd nmst be upprovcd by Ihe AGENCY. AI ille
oplion of the AGENCY, either the DEVELOPER shall eliminate or reduce such dcduelibl. or Ihe
DEVELOPER shall pwcure a Dond, ill n form satisfactory to lhc AGENCY covering fhe same.
I
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CITY.OF' S()tJ'I1IIY1IAMJ,
PLANNING BOARD
. 'RegdlaiM~etil1g¥in1itesExp~tpt
T~p,*gan,T~~~rJ: 21 ;,2914 '. CitY,y~:ll)1wi~sion ChalIl\)yrs",
, . . 7:30<PJ\.1. '
DRAFT
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
II. Roll Call
Action: Dr. Whitman requested a roll call.
Board Members present constituting a quorum:
Dr. Whitman (Chairman), Mr. Cruz (Vice-Chairman), Mrs. Yanoshik, Mrs. Beckman, Mr.
Dundorf, Dr. Philips, and Mr. Vitalini
Board Member absent: None
City staff present: Mr. Christopher Brimo (Planning Director), Ms. Tiffany Hood (Office
Support).
City staff absent: Ms. Lourdes Cabrera (Principal Planner), Mr. Marcus Lightfoot (Permit
Facilitator),
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
The next P1arming Board Meeting will be held on February 28, 2012.
IV. Public Hearings
PB-12-001
Applicant: Miami-Dade Affordable Housing Foundation
Location: 6487 SW 60th Avenue
The applicant is requesting a variance from Section 20-3.5 of the City's Land Development
Code; requesting a variance of six (6) feet from the required sixty (60) foot lot frontage, to
construct LEED Certified affordable housing on a nonconforming lot of record in an RS-4
zoning district. 6487 SW 60th Avenue.
Mrs. Beckman read the item into the record.
Z:IPBIPB Minutesl20 12 MinutesIJanuaryIPB-12-00 1 Draft Meeting Minutes Excerpt -01-31-12.doc Page 1 of3
Mr. Brimo presented the item to the Board.
Mr. Cruz stated why the LEED Certification is being pushed. Mr. Brimo responded that the
LEED homes are said to be more environmentally sound in the way that they are built. Mr. Cruz
asked why Affordable Housing isn't enough why is LEED certification being requested. Mr.
Brimo responded that part of the issue with CRA Board which is also City Commission Board is
that these homes are LEED certified. He stated that he does not know the history as to why the
CRA is requesting LEED certification; unfortunately the CRA Director Stephen David was not
able to attend this meeting, maybe Ms. Manning would be able to speak on this matter.
Ms. Manning was sworn in by Mr. Thomas Pepe.
The Chairman opened the public hearing:
NAME ADDRESS
Ann Manning Miami-Dade Affordable Housing Foundation
SUPPORT/OPPOSE
Support
Ms. Manning stated that she is here as the representative on the three requests for variances. She
then stated that these lots were platted several years ago, the first one is located in the Franklin
sub-division and it was platted in 1918 and this lot is 60 feet x 125 feet. She also stated that in
order to build we need the granting of the variance request. She stated that regarding the LEED
the builder that is used by the Miami-Dade Affordable Housing Foundation has done previous
work in the City of South Miami that was LEED Certified. She then stated that the Miami-Dade
Affordable Housing Foundation proposed that these homes be LEED Certified and not at the
request of the CRA. Mr. Cruz stated that there is a concern of there is something wrong with the
way the house is built that possibly the house may not meet the requirements to be LEED
certified.
Mr. Cruz stated that the LEED seems to be linked to the application.
Mr. Brimo stated that variance is just a descriptor of the size of the lot and has no bearing on
whether it is LEED or not. Mr. Cruz then stated that the LEED certification is a better system
however it is more costly.
Mrs. Beckman stated whether affordable should be included in the variance.
Mr. Pepe stated that he does not believe that the variance is linked to it being a LEED
constructed horne or affordable; it just states the request of a variance to reduce the setback by
six feet.
Mrs. Beckman asked the applicant if the house has already been allocated to a person. The
applicant responded no the house is owned by the CRA; applications are still being accepted for
this horne with the priority being given to CRA residents first, then opened to low to moderate
income residents within the City of South Miami second and third it will be opened to residents
county-wide.
Dr. Whitman asked the applicant about the process used to become a recipient of one of these
homes is it a low cost sale to qualified applicants or is it an outright grant. The applicant
responded that it is a sale that she and Mr. Pepe worked on with the cost of building the horne
and the land is free because the CRA has chosen to donate it.
Z:IPBIPB Minutes12012 MinutesIJanuaryIPB-12-001 Draft Meeting Minutes Excerpt -OHl-l2.doc Page 2 On
The Chairman closed the pnblic hearing:
Mr. Dundorf asked how do we get to this level of discounect with the land being platted at a
certain size and the yet the requirement is for a larger size. Mr. Brimo stated that throughout the
county a lot of properties were platted at much smaller sizes than the actual zoning codes are by
today's standards, this lot was platted in 1918 and the City of South Miami was not even
incorporated at that time. Mr. Brimo then stated that as cities become incorporated and as zoning
regulations change you will find that you will have nonconforming lots of record and if you have
a hand full of lots you tend not to set your zoning requirements to the lots that are substandard
but you set the standards to the lots that you want.
Motion: Mr. Cruz motioned to approve. This motion was seconded by Mrs. Beckman.
Vote: Yes 7, No 0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Yes
Mr. Vitalini: Yes
Mrs. Y anoshik: Yes
Dr. Philips: Yes
V. Approval of Minutes:
Planning Board Minutes of November 08, 2011 -The Board members reviewed the minutes
and were in favor of approval of the minutes with no changes.
Motion: Mr. Cruz motioned for approval of the minutes as presented. Mrs. Beckman seconded
the motion.
Vote: Yes 6, No 0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Absent for vote
Mr. Vitalini: Yes
Mrs. Y anoshik: Yes
Dr. Philips: Yes
VI. Future Meeting Dates: Tuesday, February 28, 2012
VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 9:54 PM.
Z:IPBIPB Minutesl2012 MinutesIJanuaryIPB-12-001 Draft Meeting Minutes Exeerpt -Ol-31-12.doe Page 3 of3
MIAMI DAILY BUSINESS REVIEW
PIlbIO;he<! Oairy except Sal\Uday, Sunday "",11
~eii<'1 HQlidays
Moami, M;am~OMt) Counly. F!<)ri(Ia
STATE OF FLORIDA
COUNTY OF MIAMI·DADE:
Sefore the undersigned authority personally appeared
MARIA MESA, who on oath says lhat he or sl1e is the
LEGAL CLERK. Lega! Notices of the Miami Daily Business
Review IMa Miami Review, a daily (e}(cepl Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami'Oade
County, Fforida; that the attaChed copy of advertisement,
being a Legal Advertisement of Notice in tile matter of
CITY OF SOUTH MIAMI
PUBUC HEARING· FEBRUARY 21, 2012
in the XXXX Court,
was published in said newspaper in the Issues o!
02110/2012
Affiant further sayS that the said Miami Daily Business
Review is a newspaper published at Miami in said M!ami-Dade
County, Florida and that the said ne\yspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day {except Saturday, Sunday and legal Holidays)
am:! 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 nel<t preceding the firs! publication of Ihe
attached copy of advel1isement; and affiant further says Ihal he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate. . sion Or refund for Ihe purpose
of securing I . erlistlment I bHcaticn in the said
newspa
~" to aM $O~ed before me this
FE8RUARY . A.D. 20.12
~a"2<Z
(SEAL)
MARIA MESA personally known to me
1
-o'~~"·"" Nn\aryPUlll.~.S!3toioi-Flciida \ ~ ~ -'t. Ch>3rylH.Ma!!"!WI
;~; ~y(;oolmiSSlOno.07r04!1(l ! ~~~~, ,,# Elqlit~.?~~~ ___ J
fr{)!ltage whete llOfeefis reqUired,' on propertY located at 5477
SW 60th Avimue, SOOlh Miami. Flonda, within Ihe RS-4
distnc\,' lCi peiil1il the -donstri:tcl!on-of a neW-oneCslory, ,.",,<>To "ff".ri~h! .. ~!n-..-.!" l~m;!v ,,,,,!<iMM within Jha
28$1: SUNQAY, FEBRUARY 2012 SE
.......•................................•..•..•.................•......... . .................................•.........•...•....................•...........•.....•..•..
NEIGHBORS CAL
• CALENDAR, FROM 12SE' Second Ave .. little Haiti
30S~762~3883. www.seasons.org.
a.m. Feb. 15; 10 a.m. Feb. 16; 10 a.m. CLUBS
Feb. 17. Seasons Hospice & Palliative
Care of South Florida. 5200 NE Bingo for Charity at Eiks Lodge
.CiTY OF SOllT" MIAMI
COURTESY NOTICE
. I
#1835: Play bingo to penefit Aria!
Children's Hospital near northern
Florida arid vetera"ns' organizatio!
particularly homesless veterans.
7 pm Feb. 15. E~s Lodge 1835.
12495 NE Second Ave., North· Mial
NOTICE IS HEREBY given that the City Commission 01 the City of· South Miami, Flori(
will Public Hearings at iis regular City Commission meeting. scheduled II
Illi~i!YL.!'.@!ill!irnJL..z1JQ1Z. beginning at 7:30 p.m., in the City Commission Chamber
6130 Sunset Drive, to consider the following items: .:
A Resolution authorizing the City Manager to execute a multi-year contract with Public Safety .
Corporation (PSG) for the non-exclusive license to use CryWolf a software application designed
to assisi in false alarms with no capital investment required.
A Resolu.tion authorizi~g the City Manager to enter into an agreement with Paychex, Inc to
provide' payroll services integrated software solution.
A Resolution authorizing the City Manager to execute a 3-year maintenance agreement with
Alfi Electronics, Inc. forthe total amount not to exceed $14,400.00 to be charged to the Police
Department's Contractual SerVic?s ACcount, #001-191 0-521-3450.
A Resolution authorizing tlie City Manager to enter into a five-year Performance Based Audit
Contract with Advaion to perform performance based audits of City departments pursuant to
Section 4 (F) of the City Charter.
A Resolution relating to the review and approval of a Unity ofTitle request by Larkin Hospital,
pursuant to Section 20-5.1 il of the Land Development Code, to permit the licensure and
operation of a nurses training facility located at 6140 SW 70 Street, that is incidental and
. subordinate to the main hospitat operations.·· .' . )
(
A Resolution of the Mayor and City Commission, relating to a request for a variance from
Section 20-3.5(E) of the Land Development Code, to allow 54 feet of frontage where 60 feet is
required, on propertY located at 6487 SW 60th Avenue, South Miami, Florida, within the RS-4
zoning district; to per. mit the cO.nstru. ction of a new one-story, LEED (silver) affordable single
_family residence within the City's Community Redevelopment Area. . . .
A Resolution relating to a request for a variance from Section 20,3.5(E) of the Land Development
Code, to allow the lot size of the building site to be 5,875 square feet, where a minimum lot
size of 6,00Q square feet is required; and to allow 50 feet of frontage where 60 feet is required;
on propertY. located at 6477 SW 60th Avenue, South. Miami, Florida; within the RS-4 ioning
district, t<>-permit the construction of a new one-story, LEED (silver) affor<lable single family
residence within the City's community Redevelopment Area, and providing an effective date ..
A Resolution .relating to a request for a variance from Section 20-3.5(E) of the Land
Development Code, to alloiN 50 feet offrontage where 60 feetis required, on propertY located at
5928 SW 66th Street, South Miami, Florida, within the RS-4 zohing district; to permit the
construction of a new dne-story, LEED (silver) affordable single family residence within the
City's Community Redevelopment Area. . .
A Resolu!ion authdrizhig the City Manager to enter into a three-year agreement with FPL
FiberNe!, LLC to provide internet serviCe and to replace existing network conneclions at Parks
and Recreation, Public Works and pty Hall.
ALL interested parties are invited to attend and will be Iward.
For further information, please contact the City Clerk's Office at 305-663-6340.
MariaM. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a 'person decides to appeal any decision mal
by this Board, Agency or Commission with respect to any matter: considered at its meeting or hearing, he or s!1e will oel
a record of the proceedings" and that for such PlJrpose, aff~cted ,person may need to ensure that a verbatim record of·t!
proGe~dings is made which record includes' the testimony and evidence upon which the appeal is to be based.