15South Miami
hOd
lUI·America Cit\'
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
~IUP
To: The Honorable Mayor and Members of the City Commission
Via: Hector Mirabile, Ph.D., City Managy1 ~
From: Christopher Brimo, AlCP r!! /
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 the lot size of the
building site to be 5,875 square feet, where a minimum lot size of 6,000 square feet is
required; and to allow 50 feet of frontage where 60 feet is required; on property located at
6477 SW 60th Avenue, South Miami, Florida, within the RS-4 zoning district, to permit
the construction of a new one-story, LEED (silver) affordable single family residence
within the City's Community Redevelopment Area.
SUMMARY OF REOUEST
The applicant, Miami-Dade Affordable Housing Foundation is requesting approval of a
variance for lot size and Jot frontage in order to construct a new affordable single-family
residence on a vacant lot located at 6477 SW 60th Avenue.
BACKGROUND
The subject parcel is a legal non-conforming lot of record that was owned by the City of
South Miami Community Redevelopment Area that was platted prior to the establishment
of the current dimensional requirements for the RS-4 zoning district. On November 2011,
the Conununity Redevelopment Agency donated and conveyed the title of the referenced
property to the Miami-Dade Affordable Housing Foundation (Developer) to construct a
new LEED Silver certified, affordable single family residence. The City's Land
Development Code requires any new construction to meet the zoning standards for the
particular district where it is located; in this instance, within the RS-4" Small Lot Single-
Family Residential District. The applicant in a hardship letter claims that the substandard
size of the property prohibits the use of the property.
The Planning Board at their January 31, 2012 regular meeting, following a public
hearing, voted 7 ayes, 0 nays to recommend approval of the variance request to the City
Commission.
APPLICABLE REGULATIONS (SeeATTACHMENTSl
• Land Development Code Section 20-3.5(E) Dimensional Requirements
2001
Section 20-3,2(E)
DIMENSIONAL REQUIREMENTS
SINGLE-FAMILY RESIDENTIAL DISTRICTS -ONE-STORY ,
Min. Lot Size RS-4
Net Area (sq. ft.) 6,000
Frontage (ft.) 60
Min. Yard Setbacks (ft.) --
Front 25 ---
Rear 25
Side \"'l<'''UO} 7.5"
Side (Street) 15
Max. Building Height
Feet 25
Max. Building Coverage (%) First floor 30
Max. Impervious Coverage (%) 45
STAFF OBSERVATIONS
(a) The applicant is proposing to build a new 2,161 square foot single family residence on
the referenced site. The proposed development meets the other requirements of the
development code and will require an appearance before the Environmental Review and
Preservation Board following review and recommendation by the Planning Board and
review and approval by the City Commission.
(b) The subject site is sun-ounded 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 affinnative finding as to each of the following
criterion:
1. The variance is necessary to relieve particular extraordinary conditions relating to a
specific property;
The requested lot frontage variance is necessary to use the property.
2. Denial of the variance would result in hardship to the owner. Hardship results if the
restliction of the zoning ordinance, when applied to a particular property, becomes
arbitrary, confiscatory or unduly oppressive because of conditions of the property
that distinguish it from other properties under similar zoning restrictions;
A denial of the variance would be an oppressive hardship on the owner by
preventing the property from being used or built upon.
3. The extraordinary conditions and circumstances do not result from the actions of
the applicant;
The property was a non-conforming platted lot of record prior to being
transferred to the current owner.
4. The requested variance is the minimum variance necessary to make Rossible the
reasonable use ofthe land, building or structure;
The granting ()f 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
P.lliJ2ose of the Land Development Code, and will not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
The approval ()f the variance is consistent with the City's oNective to
provide qffordable 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 and minimum lot area
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\6477 SW 60 Ave Variance Request\6477 SW 60 AVE_ eM RCPOlt.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 the
5 lot size of the building site to be 5,875 square feet, where a minimum lot size
6 of 6,000 square feet is required; and to allow 50 feet of frontage where.60 feet
7 is required; on property located at 6477 SW 60th Avenue, South Miami,
8 Florida, within the RS-4 zoning district, to permit the construction of a new
9 one-story, LEED (silver) affordable single family residence within the City's
10 Community Redevelopment Area.
11
12 WHEREAS, on November 2011, the Community Redevelopment Agency donated and
13 conveyed the title. of the property to the Miami-Dade Affordable Housing Foundation to construct a new
14 LEED Silver certified, affordable single family residence; and
15
16 WHEREAS, the property is a non-conforming lot of record requiriug a variance in order
17 to construct the new single family residence; and
18
19 WHEREAS, application No. PB-12-002 was submitted to the Planning Board by
20 applicant Miami-Dade Affordable Housing Foundation; said application requesting approval of a
21 variance from Section 20-3.5(E) to permit the construction of a new one-story, LEED (silver)
22 affordable single family residence within the City's Community Redevelopment Area to allow
23 the lot size of the building site to be 5,875 square feet, where a minimum lot size of6,000 square
24 feet is required; and to allow 50 feet of frontage where 60 feet is required; on property located at
25 6477 SW 60th Avenue, South Miami, Florida, within the RS-4 zoning district; and
26
27 WHEREAS, the approval of a variance requires a recommendation from the Planning
28 Board and the approval of the City Commission after a public hearing; and
29
30 WHEREAS, at its January 10, 2012 meeting the Planning Board, after public hearing,
31 voted 7 ayes 0 nays to recommend approval of the variances requested; and
32
33 WHEREAS, the Mayor and City Commission of the City of South Miami desire to
34 accept the recommendation of the Planning Board.
35
36 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
38
39 Section 1. The recitals set forth in this resolution are true, that they are supported by
40 competent substantial evidence and that they are incorporated into this resolution by reference.
41
42 Section 2. That the subject application submitted by applicant Miami-Dade Affordable
43 Housing Foundation, requesting approval of the variances from Section 20-3.5(E) to permit the
44 construction of a new one-story, LEED (silver) affordable single family residence on a vacant lot
45 with the lot size of the building site to be 5,875 square feet, where a minimum lot size of 6,000
46 square feet is required; and to allow 50 feet of frontage where 60 feet is required; on property
I located on property within an "RS-4" Single Residential Zoning use district, specifically located
2 at 6477 SW 60th Avenue is hereby !,'Tanted.
3
4 Section 3. The approval of the requested variances includes Exhibit A, Site Plan by
5 Architect Steven Luria AlA, dated 12-10-2011, for proposed residence at 6477 SW 60th Avenue
6 is incorporated herein.
7
8 Section 4. This resolution shall be effective immediately upon being approved.
9
10
11
12
13 PASSED AND ADOPTED this __ , day of ___ , 2012.
14
15
16
17
18
19
20
21
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
22 Commissioner Newman:
23 Commissioner Harris:
24 Commissioner Welsh:
25 CITY ATTORNEY
MIAMI DAILY BUSINESS REVIEW
P"'Ii$hOO Daity eXC(l~1 Sa~.Jtday, S~rnlay <WI
legal Holidays
~f,aml, Miarrn·O\lde Coon!)" Aot,ofa
STATE OF FLORIDA
COUNTY OF MIAMI·DADE:
Before the undersigned authority personally appeared
MARIA MESA, who Qf1 oath says Ihat he or she is the
lEGAL CLERK, Lesal Notices of the MiamI Dally Business
Review flkla Miami Review, a dally (except Saturday. Surtday
and Legal Holidays) newspaper, published at Miami in Miami·Dade
County, FlOrida; that the a\taeMed copy of advertisement,
being a Legal Advertisement of Notice in the matter 01
CITY OF SOUTH MIAMI
PUBl!CHEARING· FEBRUARY 21, 2012
in the XXXX COurt
was publiShed in said newspaper in Ihe issues of
02/10/2012
Affiant further says Ihat the said Miami Daily Business
Review is a newspaper publiShed at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously publlshed in said Miami-Dade County,
FIOJida. each day (except &!turday, Sunday and Legal Holidays)
and has been entered as secorld class mail matter al the post
office in Miami in said Miami-Dade County, Florida, lor a
period of one year next preceding the first publlcallon of the
anached COpy of advertisement; and affiant fl.lrther says that he or
she has neither paid nor promised any person, lirm or corporation
any discount, rebate. c . ion or refund forthe purpose
of securing thO vertisement fo ub!icatiorl in the said news~p, .. ~~ __ ~~--~~ __ __
~, tv a .. d saL~ed before me this
FEBRUARY • A.D. 2012
~a"?z';
(SEAL)
MARIA MESA personally known to me
I ""'. "~ , !. ,; I ' , , .>~Cl<,,<f
Notary P~>blic S!ate 01 FIo.lda \
Che.y! H. Mamlel
~-y Ctmmisshlrl 007e3400
EyPira$~~ ____ .• _,
".,",.age wl'lere '60 16ll.t'iS re ... qUi.rlid:.,.". p,.cperty loc.· .. ated a. 1(,4. " .. ) .. SW 60th Avenue, SOIlth Miami, Florida, within the RS-4 zoning .
district, 10 peiml\ the construction of·a flEiw'-one)ostc!y, LEEO"_
(siNer) affordabla single famtly residence within the:,City's-:_ .
,Community Redevelcpmenl Area, -ahd Providing.an effective. '<late. -' --------,-"-'-.
2110.'
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::::::.:::::: ..... , ....... :: .. : .. : ... :.:.: ... : ... , .... ::: .. : .. : .. :.:.: ... :: :: .. ::., .... :2012 SE
NEIGHBORS CAL
• CALENDAR, FROM 12SE Second Ave., Little Haiti.
305-762-3883. www.seasons.org,
a,m: Feb. 15; 10 a.m. Feb. 16; 10 a.m, CLUBS
Feb. 17, Seasons Hosplce.& Palliative
Care of South Florida, 5200 NE Bingo for Charity at Eiks Lodge
.Gin' OF SOUTII MIAMI
GOURTES\, NOTIGE
i
#1835: Play bingo to .benefit Aria!
Children's Hospital near northern
Florida arid vetera·ns' organizatio!
particularly homes less veterans.
7 pm Feb. 15. Elks lodge 1835.
12495 NE Second Ave" North Mial
NOTICE IS HEREBY given that the City Commission of the City of· South Miami, Floric
will conduct Public Hearings at its regular City Commission meeting scheduled fl
Tuesdav. February 21. 2012. beginning at 7:30 p.m., in the City Commission Chamber
6130 Sunset Drive, to consi(jer 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 assist in false alarms with no capital investment required.
A Resolution authorizing 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. for the total amount not to exceed $14;400.00 to be charged to the Police
Department's Contractual Servic~s Account, #001-1910-521-3450.
A Resolution authorizing the City Manager to enter into a five-year Performance Based Audit
Contract with Advaion to perform performance based audits of City departments pursuant to
Section 4 (F) of the City Charter.
A Resolution relating to the review and approval of a Unity ofTitle request by Larkin Hospital,
pursuant to Section 20-5.16 of the Land Development Code, to permit the licensure and
operation of a nurses training facility located at 6140 SW 70 Street, that is incidental and
subordinate to .the main hospital operations.
A 'Resolution of 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 RedeveiopmentArea. . . -
;' A.Resolution r. elating t.o a requestto; a v.ari.anc. e fro~ sec. tion 20:3.5(E) oflhe Land Devel.O P. men V
l 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 r.equired.; and. to allow 50 feet O.!fro. ntage whe,.e 60 feet is required;
on property. located at 6477 SW 60th Avenue, South. Miami, Florida, within the RS-4 zoning
district, to-permIT the construction of a new one-story, LEED (silver) affor€lable single famil
residence within the City's Community Redevelopment Area, and providing an effective date ..
A Resolution .relating toa request for a variance from Section 20-3.5(E) of the Land
Development Code, to allow 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 Resolution authorizing the. City Manager to enter into a three-year agreement with FPL
FiberNet, LLC to provide internet service and to replace existing network connections at Parks
and Recreation, Public Works and pty Hall. .
ALL interested parties are invited to attend and will be neard.
For further information, please contact the City Clerk's Office at 305-663-6340.
MariaM. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286,01 05, the City hereby advises the public that if a ·person decides to appeal any decision mal
by this Boa·rd, Agency or Commission with respect to any matter considered at its meeting or hearing, he or s!le will ne(
a record .of the proceedings,. and that for such plJ:rpose, aff?cted person may ~eed to ensure that a verballm record of oil
proQe~dings is made which record includes the testimony and evidence upon which the appeal is to be based.
!
"'h of~' 1\\;"" • ~}l[.j OA uoutn 1'rl1aml
Plannh'1g &: Zoning Department
City Han, 6130 Slh'1Set Drive., South MiaIni , Florida..33-143
Telephone: (305) 663 .. 6326; Fax: (305) 66-8~7356
Application For Public Hearing Before Planning Board &: Ciry Commission
jAddress of Subject Property: /~f1:; f-~ ~/j~ {.IJ(j-r)!'/;';t",t
, "[JI,I./ -. ",'.,-,,
/Meets & Bounds: (J/l
Lot(s) i::P Brock i Subdivision -fr"d/1f/>~1
PB -z-:: /:1{, --,
-'---'--+
I Representative:
l</!{· IAdd''''~S'
v Organization:
Phone' ._-
Property Owner' '/J t A I • v,,-' Signature: f.. )J Ii; ,) . l' { il1n"r}--
.;:r I"l -., /' i;/ IC/-/IJ C/~tf ,.., ~ .;,-" .:;,:!!4}i_ Mailing Address: .I :,'1(,7 t-v (;'-'_ f, .-J' • / )//. Lt j-D;,Z-Phone: dl."'7,,_·
, l' ' 't( .~~ , ,,( /. , ,I I 11:;0 (i-/I:1./)1/; . // ;j;?/ /....-;;7 / '
Architect/Engineer: a~j}J I , Phone: ,:;(19 1;OC ---; <;c, 0
/12".V-:""--(.J/V/cr. .. /'/j---;/ i./ b -
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHiP TO THIS PROJECT:
K Owner _Owner's Representative _Contract to purchase _Option to purchase _Tenant/Lessee
APPLICATION IS HERESY MADE FOR THE FOLLOWING: I SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM:
X Variance
pLEASE CHECK ALL THAT APPLY:
Text Amendment to LDC \1 Letter of intent -
_ Zoning Map Amendment _SpeCial Use J!. Justifications for change
_ PUD Approval _Special Exception ~ Statement of hardship
_ PUD Major Change _Other ry.Jaiver of Plat) \1 Proof of ownership or letter from owner
_ Power of attorney
I
,
'BrieflY explain application and cite specific Code sections: 17 ., J_ ' . '; 1 \) CGAtFaeHG pO! d lase yev!! {o pz .. ·y'--~f'f!!!..;hf!,',~_ f f /'j~/}2Jj'1 It: "t'ai7ct.{
\j Current survey (1 original sealed and 1(":5' '~"<C/-~ /I!!)I//if1-rf:C?t/.Z:;·!S '17//.';' CZ~ j \/aJ/cUl(;Z.i. ~f0"'(!~ 5.::c. 20--J. :::.~ I
-hv j
-
I «II j Ll! ;-)/ I' .', ,-" I /r,!,' . '." " J
' -'" I signed/1 reduced copy @ 11" x 17") ,/ 7/.? l r/p<.,t' fZ'; .... ,,?C 7.i'2';-771{qr::~ UI/lt?{f.:· (:~,' I~r r::fi't..-'/tr:.a:. Ct/z{
Ji?:::.:.o;"'''}, 1i) " i U -" {I' ~ 15 copies of Site Plan and::EJoor Plan~ I fZ{/Ci-U "r:r ':/rZiI,f..tDfIJ1f.!;;r, i:'f C g?(' sf /f f..VfY;i1!)-.'
In /Y!!-n1~' /71 . r' . .I1l r /?..If f ,." (Yj iJl)!.) S.;". lei .J/"1:,-Y ,>~( ret;;Jr/r((t(l. ~")A1 C :' ac,Y"!(,rr .. ~ r.{. ((?L 1 reduced copy@11"x17"
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ISection: __ Subsection:_, _ Page #: __ Amended Date: J nr1ces sent
I ;
j;'''M.",",~,," "'''''' ro OJ e ~ailing labels (3 sets) and map <
I \: Required Fee(s) l II I
The undersigned has read this completed application and represents that the infonnation and all submitted materials are true and
correct to th.e best of the applicant's Knowledge and belief: ii~' a ,Ii -'" I'e.-' % -.It /) .... -' ( If h..-1,..';-f':::--"',j;"' /1 (. t: V'.-f( ,I J " .. ,/~'f/'~,...-~ •
AP)iCaIl\ '8 Signature ful.d title PrLnt Nal"l1e =D-a-te----
UPC?~ receipt, app'I.ications ~d ~11 submitted ~aterials ?fin be reviewe.d for compliance )¥ith the La:"lQ Development Code a..'1d other
applIcable regulations. Applic1l1:10ns found not ill comphance WIll be rejected and returneQ to the applicant.
II OFFiCE USE ONLY:
Date Fiied,_-,--___ _ I Petlfion Requlred,-: __
i Method of Payment
Date of PS Hearing ______ Date ofCommission, _____ _
Petition Accepted _____ _
4/16109X:\Fonns\PB Application for Pub-lic Hearing (Revised 2009),doc
South Miami
~
l'iTI'1.i
2001
CITY OF SOUTI{ MIAMI
To: Honorable Chair &
Planning Board Members
From: Christopher Brimo, AICP /'/vl0/"
Planning Directo,' /'
PB-12-002
Date: January 31, 2012
Re: Variance Request
6477 SW 60th Avenue -
RS-4 Zoning DisMct
Applicant: l'Iliami-Dade Affordable Housing Foundation
Location: 6477 SW 60th Avenue.
A Resolunon of the Mayor and City Commission, relating to a requcst for n varinnce
fr(lm Section 20-3.5(E) of the Lund Development Code, to allow the lot size of the
building site to be 5,875 squm'c feet, where a minimum lot size of 6,000 square feet is
required; and to allow 50 fcet of frontage where 60 reet is required; on property
located at 6477 SW 60th Avenue, South iVliumi, Florida, within the RS-4 zoning
district, to permit the construction of a new Olle-stol'Y, LEED (silver) affordable
siugle family residence within the City's Community Redevelopment Area, and
providing an effective date.
SUMMARY OF REQUEST
The applicant, Miami-Dade Affordable Housing Foundation is requesting approval of a variance
for lot size and lot frontage ill order to construct a new affordable single-tinnily residence on a
vacant lot located at 6477 SW 60th ~t. Ne>
BACKGROUND
The subject parcel' is n legnlnon-coniol'llung lot of record that was owned by the City of South
Miami Community Redevelopment Area that was platted prior to the estnblislnnent of the current
dimensional requirements for the RS-4 zoning district. On. November 20 I J, the Community
Redevelopment Agency donated and conveyed the title of the referenced property to the lvl1ami-
Dade Affordable Housing Foundation (Develope.') to coustnlC! a new LEED Silver certified,
affordable single f.1.nily residence. The City's Land Development Code requires any llew
construction to meet the zoning standards for !lIe particular district where it is located; in tillS
instance, within the RS-4" Small Lot Single-Family Residential District. The applicant in a
hardship leiter claims that the substandard size of the property prohibit. the use of the property,
APPLICABLE REGULATIONS (See A1TACHMENTS)
• Land Development Code Section 20-3.5(E) Dimellsion,,1 Requiremellts
STAFF OBSERVATIONS
(a) The applicant is proposing to build a new 2,161 square foot single family residenee 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 Boarel and review and approval by the
City Coml1)ission,
(b) The subject site is sUlTounded by the following properties and zoning districts: RS-4
residential and NR zoning to the north; RS-4 Residential to the soulh, east and west.
(c) In June 2008 the City Commission amended Ihe Land Development Code to add specific
criteria for judging variance requests. LDC Section 20-5.9 (H) now requires lhat all variance
decisions shall be based on an affilTllative finding as to each of the following criterion:
1. The variance is necessary to relieve particular extraordinary conditions relating...-Lo-.il'
specific property;
The J'eqllesfeil lot area / frol1tage vaI'ja1let? is !,ecessary to lise fhe property.
2, Denial of the variance would result in hardship to the owner, Hardship results if the
restriction of the zoning ordinance. when applied to a particular property. becomes
arbitrary. confiscatory or unduly oppressive because of conditions of the property that
distinguish it fl.·om other properties under similar zoning restrictions:
A del/ial of Ihe VI/riallce would be au oppressive han/ship all the OW/ler by
pl'8I'elll/lIg Ille p"operlyfi'o/ll being IIseil 01' blll/lllPOlI,
3. The extraordinary conditions and circtunstances do not result from the actions of the
applicant;
Tile propert)' WI/S II 1l01I·COIt/01'IIIillg platteil 101 of reeoril prior to beillg
I}'fills/erl'ed 10 the Cllrl'ent owner.
4. The requested variance(s) is the minimum variance necessary to make possible the
reasonable use of the land, building or silUcture;
Tile grallilug of Ille I'equeslelf variauees is Ihe smallesl possible alllf lite ollly
olles lIeeeSSaI)' to al/owfm'tlle ,·ea.ollable f1se of tile property,
5, That the approval of the variance will be COlls;stent with the general intent and purpose of
the Land Development Code, and willuot be injurious to the neighborhood 01' otherwise
detrimental to the public welfare.
The approval of the val'i(IIICe is cOllsislem with tlte City's objective to provirle
affordable IlOusillg ",Ithilliite Com111111110' Redel'eloplllell! Area, (l1Id will allow
a vacalll pro pert)' to be I/sed ami for the City 10 receive propel't)' ta.~ allli olhel'
re~lemfes. 111 «ddilioll tile proposed lise is the type of f{se consistent with the
8S·4 ZOlllJlg dish'iel ami will he cOlllpatible willi lite ablllllllg am! slII'rol/1/1lillg
properties. These objectives are cOllsislell1 with the staled objectives of the
adopted comprehensive plan, community j'etleve!opmcnt plan altd laml
development code. The w/1'iante requested will have 110 impact 011 slilTotmdillg
properties,
RECOMMENDATION
It is recommended that the Board recommend approval of the lot size / frontage variance, with the
conditions that the sfrUctme is constructed in accordance with the agreement between the South
Miami COIT'JIlunity Redevelopment Agency and the Developer.
Section 20-3.5(E)
DliVIENSlONAL REQUIREMENTS
-• --SINGLE FAl'lIlLY RESIDENTIAL DISTRICTS ONE STORY
Min. Lot Size
Net Area (sq. ft.)
Frontage (ft.)
Min. Yard Setbacks (ft.)
Front
Rear
Side (Interior)'
Side (Street)
Max. Building Height
Feet
Max. Building Coverage (%)
Max. Impervious Coverage (%)
Attachments:
Applicatioll
LocatiolllYfap
Letter of Hardship/hltellt
LDC SeCtlOIl 20-3.5(E)
Warrallty Deed
Agreemelll belJVee1t Ille ,D(fVe/oper ami lite SI'y[CRA
Copy of Public Noaces
Survey
Site Plan
Speclficaliolls
RS-4
6,000
60
25
25
7.5"
15
25
First floor 30
45
Z:\PB\PB "'genuu:; Staff Reports\2012 Agenda Starr Rcports\l-Ul-Z012\PD-12-002\PB-12-002.Vadallces_6471 SW 60th
Ay~.doc
City of South Miami
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663·6326; Fax: (305) 668·7356
Application For Public Hearing Before Planning Board & City Commission
Address of Subject Property: {>11:; '7. (1/ wO-fft;fvc . Lot(s)..J2..... Block _1 __ Subdivision 'HIlIIKI;i"
PB .£..-2
Meets & Bounds: f/ /lr.
Applicant: J/;' "IIi; <lml .04,1e ftffd dill!. o . I' Phone: fflll;s;irM[ /t;(lr:d«hC')o , Jl1l. ')05 11// :J-lf'D
Representative: v Organization:
)//1/
Address: Phone: .. J
Signature: " JJ jJ, Property Owner: /-1 /) A f! f;:
Mailing Address: ,,(;,t'O ;VtU (9.(70 5lr(l.~ SUitt <;q. Phone: '7o~Y4.J1-1750 !'0Mm; R g3;26
ArchitecVEnglneer: :76. Lv' Phone: o/!» ;05--:3'i~ 0 'r? I/f-. n t{ .
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: t... Owner Owner's Representative Contract to purchase Option to purchase TenanVLessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM: ~variance P~EASE CHECKALL THAT APPLY:
_ Text Amendment to lDC ..L LeHer of intent
_ Zoning Map Amendment _SpeCial Use J!.. Justifications for change
_ PUD Approval _Special Exception \) Statement of hardship
_ PUD Major Change _Other eNalver of Plat) \f Proof of ownership or Jetter from owner
_ Po.wer of attorney
Briefly explain application and cite speclUe Code seclions: H;p.uYtf ktvni!o( l CORt",.Ho pUiehase ]ievc.[opvr ,oi"jw!lhM f·
1((5-"/-, MM!fPJ re7ves;'r; IrJNU) VtlJill..)ce; fn0'xc20-35'; 1. Current survey (1 original sealed and
/i}-sf' ,j" i(f{o"! /Jr C;Oinni1(">t. I,I/hert-to' /5 t<4MC,{ al>iJ slgnedl1 reduced copy@ 11" x 17")
,5l'''"",d; Iv ,,(few .(';( d(z;JeIO(f!1I!,,-r,/ 0 If Jr:.sf M 'Where. Ii. .1. 15 copies of Site Plan and Floor Plans
111 il1iMV in (; <lor) sf {,,( .sit!? is re&Vir/J. 5fvtClUl donai.:.<i 1f..L 1 reduced copy@ 11" x 17"
(of -f" MDl/f1fJ. -'b b,,; fd tEe/) .c~,..f,fi<"( ct(likdLf,t.; ho<cq, . \} Affidavit·Recelpts allesllng to mail
nOlfees sent
Sectlon:__ Subsecllon:__ Page #: __ Amended Date: ..Jl Mailing labels (3 sets) and map
_ Required Fee(s)
The undersigI).ea has read this completed application and represents that the information and all submitted materials are true and
correct to II e best of the applicant's Knowledge and belief,
. Of)«/ !l :117!t!.j:, (2)-If
Prlli Name Date
Upon receipt) applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regutations. Applications found not in compliance will be rejected and returned to the applicant
. I OFFICE USE ONLY:
Dale Filed
Petition Re'-q-u7'ire-d'::..-_-_-_-
Date of PB Hearing _____ Date of Commisslon ____ _
Petition Accepted, _____ _
Method of Pa ment
4/!6/09X:\Forms\PB Application for PubHc Hearing (Revised 2009).doc
i
I
City OfSOllth Miami
PB-12-002 Variance
6477 SW 60 Avenue
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GIS data by ;.Uam~Dade COI,l/1/y, 3/2010. Madeile',lised by Cily of Soulll Miami En illceMg & Construc1i<:/l, 11412012.
MOl
6411
6421
6431
6441
6501
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,",75
6~OO 8401
6410 6411
6420 6421
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64010 ~ 6441
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6510 6511
6520 6521
8530 6531
6540 5843
5701
i
I
I
MIAMI-DADE AFFORDABLE
HOUSING FOUNDATION, INC.
December 7, 2011
Christopher Brimo, AICP
Planning Director
Planning and Zoning Department
6130 Sunset Drive
South Miami, FL 33143
Re: Variance requests for 6477 SW 60" Avenue (Lot 6, Block 1, Franklin Subdivision, PB 5-34)
Dear Mr. Brimo:
Miami-Dade Affordable Housing Foundation, Inc. hereby requests two variances from Section 20-3.5 of
the Land Development Code in order to allow for the construction of a one-story, single-family home on
property located at 6477 SW 60th Avenue, within the "RS-4" single family residential zoning use district.
The first variance request is to allow a 50' frontage where a 60' frontage Is required. Properties in the
plat which was recorded in 1918 are non-conforming and have 50' frontage.
The second variance request is to allow development on the lot which has 5,875 square feet where
6,000 square feet is required. The property was platted 50' x 120' or 6,000 square feet in 1915, but 2.5'
was taken later from the west side, reducing its total lot size to .5,875.
Development of the property will not happen without the approval of these variances. The property
was donated to the Foundation by the City of South Miami eRA to build LEW-certified, affordable
housing for low-to moderate-income families. As it is a goal of the City to provide affordable housing,
we ask that this variance be approved.
Thank you for your consideration.
Sincerely,
ft 1 -t~on'es
Executive Director
A NOT·FOR-PROFIT 501(c)(3) COHPORATfl)N
7300 NW 1 9 Sireet. Suite 502
M1ami, FL :3312H
Phone: 305-471·9750
Fax: 305-471·9754
Ema!!: mdflhfi@holisoulh.l1st
•
This instrument was prepared by:
Thomas F. Fepe, General Counsel
City of South Miami Community
Redevelopment Agency
1450 Madruga Avenue, Ste 202
Coral Gables, Florida 33146
Property Appraisers Parcel
rdentification (Folio) Number:
WARRANTY DEED
)",ll,
THIS INDENTURE, made tbis ~ day of November, 2011 between City of South
Miami Community Redevelopment Agency, a community redevelopment agency of the City of
South Miami, a Florida municipal corporation, whose address is 6130 Sunset Drive, South
Miami, Florida 33143 (hereinafter referred to as Grantor or "Agency") and Miami-Dade
Affordable Housing Foundation, Inc., a Florida non-profit corporation (hereinafter referred to as
Grantee or "Developer").
WITNESSETH, that said Grantor, for and in consideration of the SlllU 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 fullowing described land situated, lying and
being in Miami-Dade County, State of Florida, to wit:
Lo16, Less the West 2.50 feet thereof, Block 1, FRANKLIN
SUBDIVISION, according to the Plat thereof as recorded in Plat Book 5,
Page 34. of the Public Records of Miami-Dade County, Florida; folio
number 690-4025-010-0070 (herein after known as the "the Property").
TIDS CONVEYANCE IS MADE SUBJECT TO conditions, restrictions,limitations,
and easements of record, if any; but any such interests that may have been terminated are not
hereby re-imposed; and subject to applicable zoning ordinances, taxes and assessments for the
year 2011 and subsequent years.
THIS CONVEYANCE IS ALSO MADE SUBJECT TO the following covenants
ruuning with the land, and setting forth the right of reentry, to wit:
L The Developer shaH cortunence work on the property transferred under this Deed
for tbe development of a 3 bedroornl2 bath residential single-family home for affordable housing
purposes (hereinafter to be known as "the Improvement"). Developer covenants and agrees that
the Property with the Improvement shall be sold to someone who meets the Agency guidelines
and whose household has earnings at or less than 120% of the Average Median Income as
established by United States Department of Housing and Urban Development ("HVD") for
Page I of5
•
Miami-Dade County (as set forth in the attached Exhibit A or as amended by HUD) and as
adjusted for the size of the purchaser's family, for affordable housing purchasers and who shall
hereinafter be referred to as "SMCRA Qualified Purchaser". Ai such time, the Developer shall
be responsible for the review and selection of low to moderate income applicant home buyers in
accordance with all applicable Federal, State and County and local law and with Agency fmal
approval. However, the Developer shall prioritize applicants as follows:
a.
b.
c.
d.
e.
f.
g.
h.
i.
Low-income (in accordance with ROD guidelines) SMCRA residents;
SMCRA residents whose family income is 120% of ROD gnideline, or
less, for median income families;
Low-income (in accordance with ROD gnidelines) City of South Miami
residents;
City of South Miami residents whose family income is 120% of HUD
gnideline, or less, for median income families;
City of South Miami Role Models, as defined by the South Miami
Community Redevelopment Agency's Role Model Program, as amended,
which program is incorporated by reference into this Deed and whose
income is equal to or less than 120% ofHUD guideline for median income
families;
South Miami Community Redevelopment Agency Referrals wbose
income is equal to or less than 120% ofHUD gnideline for median income
families;
City of South Miami Residents whose income is equal to or less than
120% of ROD gnideline for median income families;
Miami-Dade County Residents whose income is equal to or less than
120% ofHUD guideline for median income families; and
General Public whose income is equal to or less than 120% of ROD
gnideline for median income families.
The Agency shall have the sole discretion to resolve any conflict in the prioritization of
applicants
2. The Developer shall commence work on the Ilnprovement and complete
construction within twelve (12) months from the date ofthis deed or one hundred eighty (180) days from
the date of issuance of a building permit from the applicable authority having jurisdiction, whichever is
the shorter period oftime.
3. Promptly after completion of the Ilnprovements in accordance with approved
plans and provisions of this instrument, the Agency, upon receipt of a Certificate of Occupancy
from Miami-Dade County and the completion of all repairs and warrantee work and the
expiration of the warrantee period, shall flll1lish the Developer with an appropriate instnunent
certifying to the satisfactory completion of the improvement. Such certification shall be in a
form recordable in the Office of the Clerk of the Circuit Court of Miami-Dade County, Florida.
4. The Developer agrees for itself, its successors and assigns, to or of the property or
any part thereof, that the Developer and such successors and assigns shall not discriminate upon
the basis of race, color, religion, sex or national origin in the sale or in the use or occupancy of
Page 2 of5
•
the property or any Improvements erected or to be erected thereon or on any part thereof; and
this covenant shall be binding to the fullest extent permitted by law and equity, for the benefit
and in favor of, and enforceable by the Agency, its suqcessors and assigns, and any successor in
interest to the property, or any part thereof. The Agency shall have the right in the event of any
breach of any such covenants, to exercise all the rights and remedies and to maintain any actions
or suits. at law or in equity or other proper proceedings to enforce the curing of such breach of
covenant, to which it or any other beneficiaries of such covenant may be entitled.
5. The Developer (or successor in interest), shall pay the real estate taxes or
assessments on the property or any part thereof when due. DEVELOPER shall not allow any
levy or attachment to he made, or any lien or any unauthorized encumbrance to be recorded that
is not transferred to a bond within thirty (30) days of the levy, attachment or its recording in the
public record other than for the following:
a. Any mortgageCs) in favor or any institutional lender for the purpose of
fmancing any hard costs or soft costs relating to the conslmction of the Improvements in
an amount(s) not to exceed the value oftbe Improvements as determined by an appraiser;
and
b. Any mortgagees) in fuvor of any institntional lender refinancing any
mortgage of the character described in clause Ca) hereof, in an amount(s) no! to exceed
the value of the Improvements as determined by an appraiser; and
c. The recordation, together with any mortgage purporting to meet the
requirements of clauses Ca) or (b) above, of a statement of value by a Member of
American Institute of Real Estate Appraisers ("MAl"), Cor member of any similar or
successor organization), stating the value of the Improvements is equal to or greater than
the aruount of such mortgagees), 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 defoat, 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 Imst, pension funds, the Federal National Mortgage
Association, agency oflhe United States Government or other governmental agency.
d. All qualified mortgages as defined above in subparagraphs a., b., and c.
shaH be subrogated to the right of the Agency, at its sole and exclusive discretion, to
assume the mortgage without penalty and the mortgage sha11 not become due or payable
solely by reason of the transfer of the property to the Agency in accordance with the
terms and conditions of this deed. All mortgages issued by the DEVELOPER as mortgagor
shall provide tbat the AGENCY shail be given notice of any event of default under the terms of
the mortgage or mortgage note within 20 days of such event. In addition, the mortgage shall
provide that any re·conveyance of the title to the AGENCY shall not trigger disadvantage to the
AGENCY.
e. Liens that are timely transferred to a bond within 30 days frcm the date that the
lien is recorded.
6. Developer shall no! change the ownership or distribution of the stock of the
Developer 01' change the parties in control of the Developer or the degree thereof while the
property is titled in its name without the prior written consent of the Agency, in its sole
discretion.
Page 3 of5
7. The Developer shall not transfer the property or any part thereof prior to the
completion of the improvements, consisting of an affordable single-family home, and issuance of
a Certificate of Completion and/or Occupancy for the homes by the applicable authority having
such jurisdiction. In addition, the deed from the Developer to a SMCRA Qualified Purchaser
shall contain a deed restriction requiring that the property is being purchased by a SMCRA
Qualified Purchaser, and any sale of the property over the next 15 years shall require sale to a
subsequent purchaser who also qualifies as a SMCRA Qualified Purchaser in accordance with
the guidelines set forth above in paragraph 1, but using the most current HtlD affordable housing
income guidelines.
8. In the event the Developer shall violate or otherwise fail to comply with any of
the covenants seHorth herein, the Developer shall correct or cure the default/violation within
thirty (30) days of receipt of notification of the default sent to it by the Agency. Notification
may be sent by United States mail to 7300 NW 19th Street, #502, Miami Fl 33126, e-mail to
anne.manning@earthlink.net, or fucsimile transmission to 305-471-9750 or courier. If
Developer fails to remedy the default within thirty (30) days of receipt of the notification, the
Agency sball have the right to reenter and take possession of the property and to terminate (and
re-vest title in the Agency) the estate conveyed by this Deed to the Developer, provided, that any
such right to reentry shall always be subjected to and limited by, and shall not defeat, render
invalid, or limit in any way the lien of any valid mortgage or Deed or Trust pennitted by this
Deed. In the event the Developer fails to construct a residence and obtain the required
Certificate of Occupancy or Certiticate 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 Proparty
to the Grantor, subject to any encmnbrances against the Property filed by a third-party that has
provided financing in connection with the development of the Property, for an amount equal to
the tax assessed value of the property. The deed re-conveying the Property shall only include the
same title exceptions contained in the title policy issued to the Developer upon the initial
conveyance of the Property to the Developer. In case of the failure of Developer to perform any
of the covenants in this deed, at the option of the Grantor, this Agreement shall be forfeited and
tenninated, and Developer shall forfeit any and all claims to the Property and title to the property
shall automatically revert back to AGENCY. In the event of the reversion of the title, Developer
shall have no right or claim for reimbursement for any expenditure incurred for the
improvements made to tbe Property. All improvements made on the property shall be retained
by the Grantor in full satisfaction and liquidation of all damages sustained by the Grantor, and
the Grantor shaH have the right to reenter and take possession of the premises and seek such self..
help remedies as shall place the Grantor in exclusive possession of the premises. If, at the option
of AGENCY, the AGENCY request that the Developer re-convey the Property and if, for any
reason, the Developer fails, neglects or refuses to re-convey the Property, the Grantor may seek
specific performance to obtain the re-conveyance of the Property without waiving its right to
automatic reversion of title ofthe property to AGENCY by way of the reverter provision set
forth hereinabove. All ofthe provision and covenants contained in this deed shall survive the
closing and transfer oftille to Developer.
Page 4 of5
i
"
9. Upon transfer by warranty deed to the Developer, Developer agrees that any sale
of the property shall be to an affordable housing purchaser as defmed in paragraph 1 above and
the purchasers shall be .obligated to comply with the Agency deed restriction requiring the
property to be purchased by a qualifIed affordable housing purchaser as previously defIned, and
any sale of the property over the next 15 years shall require sale to a subsequent qualified
affordable housing purchaser as previously defined ill paragraph 7 above.
Grantor does hereby fully warrant the title to said land, and will defend the same against
the lawful claims of all persons whomsoever.
'''Grantor'' and "Grantee" are used for singular or plural, as context requires.
IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year
first abov,lt.written.
I( ) Grantor M City of South Miami
WitnessU Community Redevelopment Agency
Printed: )// J II f/ I 11/1' •
STATE OF FLORIDA
• COUNTY OF MIAMI-DADE
)
) SS
)
By: j}W; LI..1IriJ'~ SEAL
'Pllilip K Stoddard, as Chairperson
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgments, personally appeared, Philip K Stoddard, the person described in and who
executed the foregoing Warranty Deed between City of South Miami Commwuty
Redevelopment Agency and Miami-Dade Affordable HOilsing Foundation, Inc., acknowledged
b:f'(r~ me that he _executed.! the same, and who p~esented as identification the following:
~~.:;;;;F!@: *J . , and he did take an oath (or affinned). rt.lh
WITNESS my hand and official seal in the County and fJate last aforesaid this IS-day
of November, 201 L i, r ~ __ ~v~y\~~ ____ ~ ____ __
Notary PuJ\lid~ I \ C,
Printed: D !VKrm~ .. 'II:q().e.,
, \.J lJ
,....---.,:.,----::-::::-:--;:-;-::;;;;1 ,,: ... v~ NKENGA A. PA Viol!
f:f:l!i'T-"lMY COMMISSION N EE133382 ,."ft~ EXPIRES 0"'0"( 06, 2015
"','ifl':'i.~" ••.•• w~ •• k*wm (.t01) ;lga.ot63. f\¢IidamMJJ~"'i·
Page 5 of5
I FAMilY SIZE
<
I
2
3
EXHIBIT A
United States HUD
(hereinafter referred to as "HUD")
Affordable Housing Guideline
INCOl~e AND MORTGAGE LIMITS
OJ •• ., , .. "O~""~ Iz.
MedIan
JOy, 80% tool',; 120%
LOW <. 'I N I>
I . :--
!,400 $SU
1.03G ~.
:--
'-
~ >.i'Ojl 11 0
'.35lJ 1900
•
l<Hlll
:-.
r-,-
I-. I-
~
.440
r--r--
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
AGREEMENT BETWEEN DEVELOPER AND
THE CITY OF SOUTH MIAMI
COMMTJN1TY REDEV:ELOPMENT AGENCY
THIS 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 construction financing; to design and build the homes to
the satisfaction of the AGENCY and to meet or exceed LEED Silver certification
standards; to prepare alJ of the construction documents, including but not limited to
the plans, working drawings and specifications; to obtain all necessary permits for
the construction of a single family home on each of the properties identified in
Exhibit C; to market the homes; to provide BUD! SMCRA Re-Development Plan
approved homebuyers ("SMCRA qualified buyers") with counseling and to assist
potential buyers in qualiPjing for subsidies and financing from lending institutions
for permanent financing and to do all things necessary to complete construction of
all of the homes in question and to sell the homes to SMCRA qualified buyers; and
WHEREAS, AGENCY qualified potential buyers will be selected in
accordance with applicable Federal, State, County and local laws and guidelines;
and
WHEREAS, the AGENCY is the current owner of the property listed on
Exhibit C, having acquired the properties for the purpose of providing affordable
housing and to eliminate the blight within the AGENCY boundaries; and
WHEREAS, AGENCY has elected to enter into this Agreement with the
DEVELOPER to provide affordable housing to AGENCY residents; and
WHEREAS, the DEVELOPER proposes to construct homes on the Property
consisting of single family residential home together with all appurtenances,
fixhlres, and improvements ("Improvements") as set forth in the Development Plan
that is attached to this Agreement as Exhibit D-l, D-2 and D-3 as may be amended;
and
WHEREAS, the DEVELOPER has agreed to constlUct the affordable home
with the designated sales price for each home not to exceed Two Hundred Five
Thousand Dollars ($205,000,00) or cost plus five percent (5%), whichever is the
lesser amount; and
Page I of 14 ptf Agency
jP/-= DEVELOPER
WHEREAS, the DEVELOPER agrees to perform the covenants set fOlih in
the WatTanty Deed, the form of which is attached hereto as Exhibit A. The
DEVELOPER and any affordable housing purchaser shall be obligated to comply
with an AGENCY deed restriction requiring that the property shall be purchased by
someone whose household has earning at or less than 120% of the Average Median
Income as established by United States Department of Housing and Urban
Development ("HUD") for Miami-Dade County (as set forth in Exhibit F or as
amended by HUD) and as adjusted for the size of the purchaser's family, for
affordable housing purchasers and who shall hereinafter be referred to as "SMCRA
Qualified Purchaser". In addition, the DEVELOPER agrees that any sale or resale
of the property over the next 15 years shall require sale to a subsequent SMCRA
Qualified Purchaser whose household has earning at or less than 120% of the
Average Median Income as established by HUD for Miami-Dade County based on
the then existing HUD income guideline, or, if none exists at that time, then as set
forth in Exhibit F, and who shall hereinafter be refen'ed to as a "Subsequent
SMCRA Qualified Purchaser". However, should the home be owned by Subsequent
SMCRA Qualified Purchaser for 15 consecutive years, the qualified affordable
housing purchaser shall automatically be released from this restriction.
NOW, THEREFORE, in consideration of the covenants, mutual promises
and in consideration of$10.00 or other good and valuable consideration which are to
be paid 01' delivered to the AGENCY, the receipt and sufficiency of which are
hereby acknowledged, the p81ties 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;
Wananty Deed in the form as found in Exhibit A;
Performance and Payment Bond in the for form as found in Exhibit B;
Legal description of the parcel found in Exhibit C;
Project drawings, plans, specifications and schematics described in
Exhibit D-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 "HUD") Affordable
Income Guidelines as found in Exhibit F.
Page 2 of 14
(}tt 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 of the lots to the
DEVELOPER by walTanty deed in the fOlm as found in Exhibit A. In the event that
there is a defect or cloud (hereinafter referred to as a defect) on the Agency's title to
any of the properties, the Agency shall have 90 days (hereinafter refelTed to as the
"Cure Period") to cure the defect. In such event, the Developer's time for
developing the property in question shall be extended by the number of days
between the date of this Agreement and the date that the DEVLEOPER is notified
that the defect has been cured. If the Agency fails to cure the defect within the Cure
Period, then this Agreement shall thereby automatically be amended to delete the
property with the defective title from the list of properties found on Exhibit C. Upon
the failure of DEVELOPER to build a fuily 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 wan'anty deed shall provide for such
conoTfioU:-Opon-sllchre-conveyance, whether voluntarily or involuntarily, the re-
conveyance shall constitute the DEVELOPER's agreement to a change of contractor
and assignment of any and all permits, that the DEVELOPER has obtained, to a
successor contractor chosen by the Agency for the completion of the project, and to
hold harmless Miami-Dade County and the City of South Miami for any damage
suffered by the DEVELOPER as a result thereof.
Section 3. Project Scope. The DEVELOPER shail 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-I, D-2 and D-3, or as may be amended,
including a finished grade and landscaping comprised of topsoil and grass covering
exposed ground and at least two (2) trees the type and placement of which are to be
decided by the Agency. The plans and specifications, including landscaping plans,
must be approved by the AGENCY, the City of South Miami's Planning and Zoning
Depmtment ahdits Building Department, as well as by the Miami-Dade County
Building and Zoning Departments before constntction can commence. The
DBVELOPER shall not be required to constmct a home on the smallest ofthe six
proposed lots and said lot shaH not be conveyed to the DEVELOPER unless the
AGENCY pays for the cost of redesigning the home for this lot, from a three (3)
Page 3 of 14 err! Agency C!¥= DEVELOPER
I.
bedroom, two (2) bath to a two (2) bedroom, one and one half (I-li2) bath. The
Improvements shall be constructed in accordance with plans and specificaiions
(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 construction, to a SMCRA Qualified Purchaser.
Section 5. Term. The construction of the residential home on each lot shall
be completed within twelve (l2) months from the date of this Agreement or within
twelve (12) months of the date of the delivery of the deed for the lot in question,
whichever is the greater amount of time, or one hundred eighty (180) days from the
date of issuance of a building permit for said lot from the applicable authority having
jurisdiction, whichever (either the twelve (12) months or the one hundred eighty
..... ··{T8D)aaysnStfie shorter period of tlme:-Upon the expirailon(ifthlS schedtiie; any
land conveyed to DEVELOPER for which the DEVELOPER has not constructed a
single-family home in compliance with this Agreement shall be returned and re ..
conveyed to the AGENCY so as to be made available for another AGENCY
affordable housing project. DEVELOPER agrees to use its best efforts to complete
the Project within the schedule. In the event the Project is not completed within this
time frame, and the schedule is not extended by the AGENCY, this Agreement shall
terminate without any liability to the AGENCY. In such event, the DEVELOPER
shall re-convey all of the property upon which a fully completed home that has been
issued a Certificate of Occupancy does not exist. Additionally, the AGENCY may
seek enforcement ofthe Performance Bond, which is attached as Exhibit B.
Section 6. Compliance with Building Codes. The Project shall be performed
in accordance with the applicable codes, ordinances and statutes of the State of
Florida, the City of South Miami and Miami-Dade County .
. ·····Sedio n7.-Amelldrrtents.-Ariyairiendimjrifs, alterations, orvariifions tothis
Agreement will only be valid when they have been reduced to writing and duly
signed by the parties.
Page 4 of 14·
rflf{[ Agency
GJ¥::-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 liability
never exceeds its maximum potential monetary contribution of the current tax
assessor's valuation of the property. The DEy'ELOPER expresses its willingness to
enter into this Agreement with recovery from the AGENCY for any action arising
out of this Agreement to be limited to the value of the property provided by the
AGENCY, and/or the return of the property in substantially the same condition as
provided to DEVELOPER. Accordingly, the DEVELOPER agrees that the
AGENCY shall not be liable for any claim or 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 ofthis Agreement.
Nothing contained in this paragraph or elsewhere in this Agreement is in any way
intended to be a waiver of the limitation placed on the Agency's liability as set forth
in Chapter 768, Florida Statutes. Additionally, the Agency does not waive sovereign
immunity, and no claim or award against the City shall include attorney's fees,
investigative costs or pre-judgment interest.
Section 9. Continued Compliance. After any payment, if any, is made by
the Agency and applied according to the requirements set forth in this Agreement,
the Agency shalrbeautomatlcallidischarged from any and all obligaiions;-Hiibffifies
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 ofthis 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:
0) Fails to start construction within thirty (30) day following the
issuance of'construction permits.
(ii) Abandons or substantially suspends construction for a period of
more than 30 days. A delay caused by force majeure or by a subcontractor or
supplier shall not be included in the calculation of the 30 day period, provided
the delay of the subcontractor or supplier is not due, in anyway, to the fault or ----negligence oftheDEVEr.;OPER:~·· -~~~~-.----.-~-----.-.... ----.....
(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
(JJif Agency 0/:=: DEVELOPER
(iv) Fails to apply for building permits for each lot conveyed, from all
applicable agencies, within 30 days after the effective date of this Agreement
or within 30 days of the date of the delivery of the deed for said lot, whichever
is the greater amount of time.
(v) Fails to complete construction of each lot within twelve (12)
months of this Agreement or within twelve(l2) months of the date of the
delivery of the deed for said lot, whichever is the greater amount of time or
one hundred eighty (180) days after receipt of the construction permits for the
applicable lot.
Section 11. Risk of Loss. Risk ofioss 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 unti] it has obtained
and submitted proof of all insurance required by the AGENCY, including the
insurance requirements set forth in Exhibit E.
Section 12. Independent Contractor. The DEVELOPER, its employees and
agents shall be deemed independent contractors and not agents.or employ~~s .9f_. ___ ... __ _
AGENCY, and shall not attain any rights or benefits generally afforded AGENCY
employees.
Section 13. Re-conveyance Covenant. The AGENCY may terminate this
Agreement and seek re-conveyance of the Property to such extent as may be
necessary to protect itself from loss on account of matters including but not limited
to the following:
(i) Claims of lien against the Property or the DEVELOPER
regarding the Project provided such liens are not bonded off as allowed by law
within thirty (30) days of its recording.
(ii) Failure ofthe DEVELOPER to make timely paymenl(s) to
subcontractors or suppliers for materials or labor regarding the Project unless
the DEVELOPER has reasonable grounds to withhold payment.
... _-(lii) -Reasonable eVidence thaTariY porti6riof the Pf6jecCcaiiil6! be
completed for the unpaid balance of the construction loan.
(iv) Failure to can)' out any portion of the Project in accordance with
the Contract Documents.
Page 6 of 14 iKf'-Agency 0/-DEVELOPER
(v) Failure by DEVELOPER to strut construction within six (6)
months from the date of this Agreement or to complete the homes within one
hundred eighty (180) days from the date of issuance of a building permit from
the applicable authority having jurisdiction, whichever is the shorter period of
time.
Section 14. Venue. Law and Attorney's fees. In the event of a termlnation
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 agree that the prevailing party or parties shall be entitled to recover from
the. other party or parties after entry of fmal judgment, pre-judgment and post-
judgment attorneys' fees, including attorneys' fees for any appeal, and costs incurred
in bringing the suit or proceeding. Any action arising out of this Agreement shall be
brought in Miami-Dade County, Florida, and shall be subject to Florida law.
Section 15. Best Effoits 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 ofthe date of the delivery of the deed for the lot in question, whichever is
the greater amount of time, or one hundred eighty (180) days from the date of
issuance of a building permit for said lot from the applicable authority having
jurisdiction, whichever (either the twelve (12) months or the one hundred eighty
(180) days) is the shorter period of time. In the event the Project is not completed
within this time frame, and this construction schedule is not extended in writing by
AGENCY, this Agreement shall terminate and title and possession of the propelty
shall be returned, by DEVELOPER, to AGENCY.
Section 16. Representations and Covenants. DEVELOPER hereby represents
and warrants to the AGENCY the following:
(i) DEVELOPER is a corporation duly organized, validly existing and
in good standing under the laws of the State of Florida. There are no proceedings or
actions pending, threatened or contemplated against the DEVELOPER including but
not limited to any action for the liquidation, termination or dissolution of
DEVELOPER.
Page 7 of 14
If!-Agency
.1,C!f::-D EVEW PER
I
I
I
Oi) DEVELOPER shall apply for construction permits within 30 days
from the effective date of this Agreement or within 30 days of the date of the
delivery of the deed for said lot, whichever is the greater amount of time.
(iii) DEVELOPER covenants and agrees that it shall cause the Property
to be developed in accordance with the building plans that are to comply with the
City's Code and are to be approved by the South Miami Planning and Zoning
Department, its Building Department and the Miami-Dade County Building and
Zoning Department and any other agency having jurisdiction over the approval of
building plans .and the development of property.
(iv) DEVELOPER shall complete construction of the home on each of
the lots within twelve (12) months from the date 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 oftime, or one hundred eighty (180) days from the date of
issuance of a building permit for said lot from the applicable authority having
jurisdiction, whichever (either the twelve (12) months or the one hundred eighty
(180) days) is the shorter period of time.
(v) DEVELOPER covenants'and agrees that the Property shall be sold
to SMCRA Qualified Purchaser.
(vi) Upon transfer of the walTanty deed to DEVELOPER,
DEVELOPER agrees that any sale of the property by DEVELOPER shall be to a
qualified affordable housing purchaser, and the purchasers shall be obligated to
comply with the AGENCY's deed restriction requiring the property to be purchased
by a SMCRA Qualified Purchaser, and that over the following fifteen (JS) years,
any re-sale of the property shall require sale to a Subsequent SMCRA Qualified
Purchaser. This provision shall survive tennination of the Agreement.
(vii). WalTanty: The Developer shall repair or replace all work
performed and materials and equipment furnished that were not performed in a
workmanlike fashion or not furnished in accordance with the terms ofthe Contract
and Contract Documents, and shall make good all patent defects thereof that have
become apparent before the expiration of one (1) year from the date of the issuance
of the Certificate of Occupancy. Nothing contained in this Agreement shall limit the
Agency from enforcing the walTanty for latent defects discovered more than one (1)
year following the issuance of the Certificate of Occupancy. Ifany pati of the
project, in the judgment of tile AGENCY, for the reasons above stated needs to be
replaced, repaired or made good during thattime, the AGENCY shall so notify the
Developer in writing. If the Developer refuses or neglects to commence such work
Page 8 of [4
j!f[ Agency rzp. DEVELOPER
within five (5) days from the date of receipt of such Notice or once timely
commenced, fails to continue to diligently perform the repair work, the AGENCY
shall have the work done by others and the cost thereof shall be paid by the
DEVELOPER or its Surety,
Section 17. Termination without Cause, The AGENCY is conveying the
Property to DEVELOPER as part of the AGENCY's program to produce residential
property within the City of South Miami Community Redevelopment Agency
boundaries. As part of the consideration for transfer of the Property, DEVELOPER
has agreed to build an affordable house, as previously defined, on each of the lots
being conveyed and to obtain a certificate of occupancy within twelve (12) months
from the date of this Agreement or within twelve (12) months of the date of the
delivery of the deed for the lot in question, whichever is the greater amount oftime,
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 (l2}months or the one hundred eighty (180) days) is the shorter period of
time. The DEVELOPER may be granted one extension of time, for no more than
four (4) month, to complete construction upon delivery of a written request to the
AGENCY Director before the time for completion has expired. The request will not
be unreasonably denied by the AGENCY. In the event the DEVELOPER fails to
construct a residence and obtain the required 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 Property to the AGENCY,
subject to any encumbrances against the Property filed by a third-palty that has
provided financing in connection with the development of the Property. The
DEVELOPER shall re-convey the propelty and provide the AGENCY with a
marketable title to the Property. The marketable title shall not contain any
exceptions other than those exceptions contained in the title policy issued to the
DEVELOPER at the time of initial conveyance of the Property. In case of the
failure of DEVELOPER to perfOim any of the covenants in this Agreement, at the
option of the AGENCY, this Agreement shall be forfeited and terminated, and
DEVELOPER shall forfeit any and all claims to the Property and the title to the
property shall revert back to the AGENCY. DEVELOPER shall have no right or
claim for reimbursement for any expenditure incurred for the improvements made to
the Property, All improvements made under this Agreement shall be retained by the
AGENCY in full satisfaction and liquidation of all damages sustained by the
AGENCY, and the AGENCY shall have the right to reenter and take possession of
the premises and seek such self-help remedies as shall place the AGENCY in
exclusive possession of the premises to enforce the reverter clause provided for in
this Agreement and warranty deed. Iffo1' any reason DEVELOPER fails, neglects
or refuses to re-convey the Property, the AGENCY may seek specific performance
Page 9 of 14
f'f{ Agency fl1F 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 titleto 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 couid not have been
reasonably foreseen, prevented or avoided. For tr-Js purpose, such acts or
circumstances shall include, but not be limited to, weather conditions affecting
performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial
disturbances, or protest demonstrations. Should such acts or circumstances occur,
the parties shall use their best efforts to overcome the difficulties and to resume the
work as soon as reasonably possible.
Section 19. Independent Contractor. DEVELOPER, its employees and
agents shall be deemed independent contractors and not agents or employees of
AGENCY, and shall not attain any rights or benefits generally afforded AGENCY
employees.
Section 20. Notices. All notices, demands, correspondence and
communications between the AGENCY and DEVELOPER shall be deemed
sufficiently given under the terms of this Agreement if sent by facsimile
transmission, e-mail, or dispatched by registered or certified mail, postage prepaid,
return receipt requested, and addressed as follows:
If to the AGENCY:
If to DEVELOPER:
Director, Stephen David
South Miami Community Redevelopment Agency
6130 Sunset Drive
Miami, Florida 33143
Fax: 305-668-7356
E-mail: SDavid@soutluniamifl.gov
Anne E. Manning
7300 :NW 19 th 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 tbat the re-sale of the property with the constructed
Page 10 of 14 ffI-Agency l1F-DEVELOPER
home listed on Exhibit C is restricted and all deeds to the qualified buyer shall
contain the restrictive covenants concerning re-sale provided in the DEVELOPER's
deed and in accordance with the restriction provided in this Agreement for said
deeds. The deed shall provide that any new purchaser shall satisfy the standards for
ownership or occupancy adopted by the AGENCY, which shall ensure that
subsequent purchasers meet the requirements of a "Subsequent SMCRA Qualified
Purchaser", as previously defined.
Section 22. Records and Costs. The DEVELOPER agrees to maintain books,
records, documents and other evidence pertaining to aU 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, flies and other records ofthe
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 proper application and use of all funds paid by, to
or for the account or the benefit of the DEVELOPER. The cost of construction, for
the purpose of determining the sales price shall not exceed the following percentage
of the total costs to build the homes: all preconstruction costs shall not exceed three
percent (3%); all costs generally associated with general conditions shall not exceed
five percent (5%); all contingency costs shall not exceed three percent (3%); and all
other costs, including trades, subcontractors, bond and insurance costs shall not
exceed eighty nine percent (89%) of the total cost of construction.
Section 23. Indemnification. DEVELOPER shall indemnify, defend, saVe
and hold harmless the AGENCY, its officers, agents and employees, from or on
account of all claims, damages, losses, liabilities and expenses, direct, indirect or
consequential including, but not limited to, fees and charges of purchasers,
engineers, architects, attorneys, consultants and other professionals and court costs
arising out of or in consequence of the performance of this Agreement at all trial and
appellate levels. Indemnification shall specifically include, but not limited to,
claims, damages, losses, liabilities and expenses arising out of or from: (a) the
negligent or defective design of the Project and work of the DEVELOPER; (b) any
negligent act or omission of the DEVELOPER, its subcontractors, agents servants or
employees; (c) any damages, liabilities, or losses received or sustained by any
person or persons during or on account of any negligent operations by
DEVELOPER connected with the construction of this Project; (d) the use of any
improper materials; ( e) any construction defect including both patent and latent
defects; (f) failure to timely complete the work; (g) the violation of any federal,
state, or county or city laws, ordinances or regulations by DEVELOPER, its
.... 3ubcontractors,.agents,.seJ:vants,independentcontractors·or-employees; (h) the
breach or alleged breach by DEVELOPER of any term of this Agreement.
Page 11 of 14 N-Agency elf-DEVELOPER
Section 24. Assignment. Neither party shall assign its interest in this
Agreement without express written consent of the other party. Any violation of this
provision shall constitute a default of the DEVELOPER's obligations under the
terms of the Agreement.
Section 25. Taxes, Mortgage and Obligations. The DEVELOPER (or
successor in interest), shall pay the rea! estate taxes or assessments on the property
or any part thereof when due. DEVELOPER shall not suffer any levy or attachment
to be made, or any lien, or any unauthorized encumbrance that is not transfen'ed to a
bond within thirty (30) days of the recording with the exception of the fonowing:
(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
detem1ined by an appraiser; and
(ii) Any mortgagees) in favor of any institutional lender refinancing
any mortgage pfthe character described in ctause (a) hereof, in an amount(s)
not to exceed the value of the Improvements as determined by an appraiser;
and
(iii) The recordation, together with any mortgage purporting to meet
the requirements of clauses (a) or (b) above, of a statement of value by a
Member of American Institute of Real Estate Appraisers ("MAl"), (or
member of any similar or successor organization), stating the value of the
Improvements is equal to or greater than the amount of such mortgagees),
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, rea! estate or mortgage
investment trust, pension funds, the Federal National Mortgage Association,
agency of the United States Government or other governmental agency.
(iv) Ail qualified mortgages as defined above in subparagraphs (1), (li),
and (iii) shall be subrogated to the right of the Agency, at its sole, absolute
and exclusive discretion, to assume the mortgage without penalty and the
.. __ ... _._....._ .............. mQ)1g('!g<;: shall not bec_Qme.du.e_or.p.ayabk.soJely. b:y.reason .ofthe .. transfel~of_.
the property to the Agency in accordance with the terms and conditions of this
Page 12 of 14
Jl({/ Agency
~ DEVELOPER
deed. All mortgages issued by the DEVELOPER as mortgagor shall provide
that the AGENCY shall be given notice of any event of default under the
terms of the mortgage or mortgage note within 20 days of such event. In
addition, the mortgage shall provide that any re-conveyance of the title to the
AGENCY shall not trigger any disadvantage to the AGENCY.
Section 26. Severability. lfany provision or provisions of this Agreement
shall to any extent be invalid or unenforceable, the remainder of this Agreement
shall not be affected thereby and the remaining provisions shall be valid and
enforceable to the fullest extent.
Section 27. Miscellaneous Provision. In the event a court must interpret any
word or provision of this Agreement, the word or provision shall not be construed
against either party by reason of their involvement in the drafting or negotiating of
this Agreement.
Section 28. Inspection. AGENCY may make or cause to be made reasonable
entries upon and inspections of the Property.
Section 29. Nondisclimination. The DEVELOPER agrees for itself, its
successors and assigns, to or of the property or any part thereof, that the
DEVELOPER and such successors or assigns shall not discriminate upon the basis
ofrace, color, religion, sex or national origin in the sale, lease or rental or in the use
or occupancy of the property or ariy Improvements erected or to be erected hereon or
on any pmt thereof; and this covenant shall be binding to the fullest extent permitted
by law and equity, for the benefit and in favor of, and enforceable by the AGENCY,
its successors and assigns, and any successor in interest to the property, or any part
thereof. The AGENCY shall have the right in the event of any breach of any such
covenants, to exercise ail the rights and remedies and to maintain any actions or suits
at law or in equity or other proper proceedings to enforce the curing of such breach
of covenant, to which it or any other beneficiaries of such covenant may be entitled.
Section 30. Authorized Agent. The AGENCY and the DEVELOPER shall
each designate one person who shall be their authorized representative with respect
to this Agreement. The representative of the AGENCY shall be the AGENCY
Director; the representative of the DEVELOPER shall be provided at the time of the
joint execution of this Agreement.
Section 31. Waiver. The passing, approval andlor acceptance of any part of
the work or material by the AGENCY, its Architect or Engineer, if any, or by any
.--agentor-represen tati ve-ofthe-A GENCY-sh'a/t'not-opel'ateas a waiver offne-' _.-
Page 13 of 14 .fJf£ Agency
~ DEV'ELOPER
AGENCY's right to demand strict compliance with the terms and conditions of this
Contract. No act or omission or verball'epresentation or statement shall be treated
as an expressed or implied waiver and all waivers shall be in writing signed by the
party who is alleged to have waived any of the terms and/or conditions of the
Contract or Contract Documents. This Agreement contains the entire Agreement of
the parties and no modification or amendment of any terms or provisions of this
Agreement shall be valid or binding unless it complies with this paragraph. This
Agreement in general and this paragraph in particular, shall not be modified,
amended or waived except in writing signed by both parties. The waiver of any
breach or default of any of the terms of this Agreement shall not act as a waiver of
any subsequent breach or default. This Agreement shall be binding upon the heirs,
guardians, personal representatives and assigns of both of the parties.
Section 32. Waiver of JurY Trial. AGENCY and DEVEOPER knowingly,
irrevocably voluntarily and intentionally waive any right either may have to a trial
by jury in State or Federal Court proceedings in respect to any action, proceeding,
lawsuit or counterclaim arising out of the Contract Documents or the performance of
the Work thereunder.
IN WITNESS WHEREOF, the AGENCY and DEVELOPER have caused
this Agreement to take effect on the day and year first above written.
WITNESS:
Miami-Dade Affordable Housing
Foundation, Inc.
By: ~
Name: r Opal A. Jones
Title: Executive Director
SOUTH MIAMI COMtvfUNITY
REDEVELOPMENT AGENCY
By: ~(v0{f;7/jtkd
Name: I Philip K Stoddard
Title: Chairperson
Page 14 of 14
Agency df'
DEVELOPER
FAMILY SIZE
~.
2
3
4 I
5
6
7
a
EXHIBIT A
United States HUD
(hereinafter referred to as "HUD")
Affordable Housing Guideline
iNCOME AND MORTGAGE LIMITS
AdlttSt~d for Family Sfte-
M.aolan
30% 50% SO~~ 100% i20%
<: E.lO'N ,. V.LOW <.tOW/MOO>
$14.50U S2~11':0 i S3M!iG $>I8,.1CO $51,[liJO
St6,600 527.;»0 ~200 $51),200 ~ 566.240
$18.650 531.050 $49,101) 562.100 S74,520
$2V,7CO' 534,500 S55.<~O S69.030 $82.800
S22.4OO 537.300 $59.650 Sl4,i7'JO $89,520
-S24,o.W 540.050 104.050 S80,100 $.,~,120
S25]OO $42.800 lS8,~50 S35,OOO S102,72O -527,350 545.550 572,900 $91,100 5109.320
140%
$67,620
$Tl.280
S66.940
S96,eOO
$104,4.10
$112,140
SI1M40
S1Z7,51.0
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
......•.. -.-_.-.-._ ... _._._---._--
EXHIBIT C
FRANKLIN SUB PB 5-34 LOT 5 LESS W2.5FT BLK 1 LOT SIZE
5875 SQ FT bearing folio number 09-4025-010-0060 a/kJa 6457 SW
60 Ave., South Miami, Florida.
Deed Description; LOT 5 BLK 1 of FRANKLIN SUBDIVISION) according to the Plat thereof; as
recorded in Plat Book 5, at Page 34, of the Public Records of Miami-Dade County. Florida
Franklin Subdivision, PB 5-34, Lot 6 less W 2.5 feet, Block J,
Public Records of Miami-Dade County, FL. Vacant Lot Size 5875
Sq. Ft.; bearing folio number 090-4025-010-0070.
Deed Description: Lo16. L ESSthe Wes12.50 feel thereof, Block I, FRANKLIN SUBDIVISION, according
to Ihe Plat thereof as recorded in Plat Book 5. Page 34. of the Public Records of Miami-Dade County,
Florida
Franklin Subdivision, PB 5-34, Lot 7 less W 2.5 feet Block 1, and
alley lyg S & Adj. CLOSED PER R-92-IS17 Public Records of
Miami-Dade County, FL Lot Size 6180 Sq. Ft.; bearing folio number
09-4025-0 I 0-0080; aJkla 648? SW 60 AYE. South Miami, Florida.
Deed Description: Lot 7. LESS the West 2.50 feet thereof, Block I, FRANKLIN SUBDIVISION, according
to the Plat thereof, as recorded in Plat Book 5, Page 34. of the Public Records of Miami-Dade County,
Florida.
Franklin Subdivision, PB 5-34, Lot 8, less beg NW Cor Lot 8 Th
E.2.5 feet, S 46.72 feet, W 3.05 feet, N 47.67 feet to POB Block 2,
& 4 feet alley lyg N & Adj. Closed Per R-n-ISI?; Public Records
of Miami-Dade County, FL. Lot size 55.00 feet x 117 feet; 6318 Sq.
Ft; bearing folio number 09-4025-010-0090; aJkla 6501 SW 60 Ave.,
South Miami, Florida.
Deed Description: Lol8, Block 2. of FRANKLIN SUBDIVISION, according 10 Ihe Plat thereof, as recorded
In Plat Book 5, Page 34. of the Public. Records of Miami·Dade County, Florida; LESS beginning at the
Northwest corner of said Lot 8; thence Easterly, atong the North line of said lot 8, for a distance of 2 .. 50
leet; thence Southerly, along a line 2.50 fee! East of as measured at right angles to and parallel with the
Wesiline of said Lot 8, for a distance of 0:.96 feel to a point of curvature of a-curve to the le~ having
a radius of 1975 00 feet; thence Southerly, along the arc of said curve through a central angle of l'
21' 19", for a distance of 46.72 feet to a point on Ihe Soulh line of said Lot 8; Ihence Westerly, along
said South line, for a distance of 3.05 feet to the Southwest corner of said Lot 8; thence Northerly,
along the West line of said Lot 8, for a distarn:e of 4767 feet to the Point of Beginning
Parcel !denUficalfon Number: 09-4025·01{}·0090
Larkins Townsite PB 2-105, Lot 8, Block 2, Pub] c Records of
Miami-Dade County, FL. Lot size 7150; bearing foJ 0 number 09-
4025-028-0200; alkJa 5928 SW 66 St., South Miami, Florida.
Deed Description: LOT a Si..K Z MRKrNS TQNNSITE PB 2-105
Pines Subdivision, PB 13-2, LotI & W Yo 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: lot 1, and the West Half (w V2) ellot 2, Block 4, The Pines, a subdivision of the City of
South Miami, Miami-Dade County, Florida, according to the plat thereof',recorded in Plat Book 13, at
Page 2, of the Public Records of Miami-Dade County, Florida. (Miami-Dade County Property
Identification Number: 09-4025·009-0240)
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STEVEN l0Rl~~, RA 9/2/ll
3 BR / 2 BATH
EXHIBITD~l
FLOOR PLAN
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OPTmN 2-B l,S58 Sf UNDER ~'\rR
FLOOR PLAN
All O~AIMr:GS, ).NO 'MIlmN MAT(lll).l A?PE:~R~IO H(Rn~ CO)/Snnnr: CRIGINAL AlIO I)NPU611SHED YiCRK <IF me AR('J1Ji£'C? lilE
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STEVEN LURIA, RA 9/2/11
3 BR /2 BATH
OPTION 2-B 1,500 SF UNDER AIR
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ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE ORIGINAL AND UNPUBUSHED WORK OF THE ARCHITECT. THE
SAME MAY 'NOT 8E DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN CONSENT OF THE ARCHITECT.
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EXHIBIT D-3
SPECIFICATIONS
EXTERIOR ·ICF WALLS WITH EFUS OR SIMILAR STUCCO FINISH. INSULATED CONCRETE
FORMS PROVIDE R·22 EXTERIOR WALLS WITH MONOLITHIC CONCRETE SHELL CAPABLE OF
WITHSTANDING 200 MPH WINDS.
EXTERIOR AND INTERIOR PRIMER AND PAINT IS BENJAMIN MOORE OR EQUIVALENT NO VOC PAINT
OR PRIMER FOR INTERIOR
ROOF CONSTRUCTED OF WOOD TRUSSES WITH 110 MPH ARCHITECTURAL SHINGLES
MANUFACTURE'S WARRANTY FOR THE SHINGLES 15 MIN. YEARS. ROOFERS WARRANTY MIN. 5 YEARS
fNSULATION WILL OPEN CELL SPRAY INSULATION ON THE UNDERSIDE OFTHE ROOF SHEATHING
INTERIOR WALLS AND CEILING· Will BE CONSTRUCTED OF SHEET ROCK (MADE IN USA), TAPED AND
PLASTERED WITH JOINT COMPOUND, SANDED AND PAINTED WITH PRIMER AND TWO COATS OF PAINT.
WINDOWS-TO BE ECO WINDOW OR EQUIVALENT LOCALLY PRODUCED.
INTERIOR DOORS TO BE HOLLOW CORE, EXTERIOR DOORS TO BE MIAMI·DADE COUNTY APPROVED
METAL DOORS.
APPLIANCES TO BE INSTALLED SHALL BE APPROVED ENERGY STAR
FIXTURES TO BE APPROVED AS SOON AS THE WORKING DRAWINGS ARE FINISHED
TUB AND SHOWER WAl.lS MUST BE COVERED WITH DUROCK OR EQUIVALENT FOR THE TILE AREAS.
GREEN BOARD IN THE BATHROOMS.
FLOORING, CABINETS, COUNTERS TOP SHALL NOT EMITVOC'S. GREEN BOARD NOT NECESSARY IN
KITICHEN EXCEPT BEHIND SINK. IF POSSIBLE TILE TO BE OF RECYCLED MATERIALS.
ADDITIONAL SPECIFICATIONS ARE AS FOLLOWS:
HVACTO BE SIZED WITHIN 1/2 TON OF CALCULATED TOTAL LOAD.
CEILING FANS TO BE USED IN BEDROOMS AND GREAT ROOM.
SOLAR LlGHTTUBE W/ INSUL. REFLECTIVE TUBE TO BE INSTALLED IN GREAT ROOM
DECIDUOUS TREES PLANTED ON SOUTH SIDE·
NATIVE SHADE TREES ON EAST ANO WEST-
\.; ALL DUCTWORK JOINTS TO BE SEALED WITH MASTIC ,
EXHIBITE
ARTICLE 5 -INSURANCE
5,0 The DEVELOPER shaH purchase from and maintain in a company or companies lawfully nuthorlzed to do
business in the jurisdiction in which the Project is localed such insurance as will protecUhe DEVELOPER
trom claims set forth below which mny arise out of or result -from the DEVELOPER's operations under the
Contract and for which the DEVELOPER milY be legally liable, whether such operations be by the
DEVELOPER or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by
anyone for whose acts any orthem may be liable:
5.0.1 claims under workers' compensation, disability benefit and other similar employee benefit acts
which are appUcabJe to the Work to be performed;
5.0.2 claims for damages because of bodily injUry, occupational sickness or disease, or de<ltb of the
DEVELOPER's employees;
5.0.3 claims for damages because of bodily injury, sickness or disease, or death of any person other than
5.0A
5.0.5
the DEVELOPER's employees;
claims for damages insured by usual personal injury liability coverage;
claims for damages, other than to the Work itset~ because ofinjury to or destruction of tangible
property, including loss of use resulting there from;
5.0.6 claims for damages because ofbodHy injury, dealh of a person or property damage arising out of
5.0.7
5.0.8
ownership, maintenance or use of n motor vehicle;
claims for bodUy injury or property damage arising out of completed operations; and
claims involving contractualliabiIity insurance applicable to the DEVELOPER's obligations
concerning the Project
DEVELOPER's Liability Insurance:
5.1 DEVELOPER shali provide and maintain In force until all the Work to be performed under this Contract
has been completed and accepted by AGENCY (or for such duration as is otherwise specified hereinafter),
the insurance coverage set forth below:
5. J. I Worker's Compensation insurance at the statutory anlount as to all employees in compliance with
the "Workers' Compensation Law" of the State of Florida and all applicable federal Jaws. In
addition, the policy(ies) must include: Employers' Liability at the statutory coverage amount. The
DEVELOPER shall further insure that aiJ of its Subcontractors maintain appropriate levels of
Worker'S Compensation Insurance.
5.1.2 Comprehensive 'General Liability with minimum limits of Two Million dollars ($2.,000,000.00)
per occllrrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on n fann 110 more restrictive than tIle Jntest edition of the
Comprehensive General Liability policy, without restrictive endorsements, as filed by the
Insurance Services Office fOI" the State of Florida, nnd must include:
5.1.2 (a) Premises and Operation
5.1.2 (b) Independent Contractors
5.1.2 (c) Products andlor Completed Operations Hazard
5.1.2 (d) Explosion, Coliapse and Underground Hazard Coverage
5.1.2 (e) Broad Fom. Property Damage
5.1.2 (f) Broad FQnn Contractual Coverage applicable to this specific Contract. including
5.1.2 (g)
any hold hannless nnd/or indemnification tlgreement.
Personal InjUry Coverage with Employee and Contractual E;.:clusions removed,
with minimum limits of coverage equal to those required for Bcdify Injury
Liability and Property Damage Liability.
5.1.3 Business Automobile Liability with minimum limits of Two Miilion Dollars ($2,000,000.00) plus
an additional Two Million Dollar (S2,000,000.00) umbrella per occurrence combined single limit
for Bodily Injury Liability and Property Damage Liability. Covernge must be afforded on a form
no more restrictive than the latest edition of the Business Automobile Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office for the State of Florida, and
must include:
5.1.3 (a) Owned Vehicles.
5.1.3 (b) Hired and Non-Owned Vehicle,
5.1.3 (0) Employers' Non·Owl1ership
5.2 Before starting the Work, the DEVELOPER shaH file with the AGENCY certificates of such jnsuranc~
acceptable to the AGENCY, which must contain, among other things, the name, address and telephone
number of the insurance agent or broker through whom the policy was obtained, a provision adding the
AGENCY as an additional named insured; these certificates shall contain a provision that the coverage
afforded under the policies shall not be canceled or m'Oterially changed until at leasl thirty (30) days prior
written notice h" been given by the in,u,er to the AGENCY by certified mail. The insurer shall be raled
A.VH or better per A.JvL Best's Key Rating Guide, latest edition and authorized to issue insurance in Ihe
Slate of Florida.
5.3 The DEVELOPER agrees that if any ptlrt of the Work under the Contract is sublet, the subcolltract shall
contain the same insuranco provision as set forth in section 5.1 and 5.2 above and substituting the word
SUBCONTRACTOR fur the word DEVELOPER where applicable; however, at Ihe DEVELPER'S
discretion, the limits of a Subcontractor's insurance may be Five Hundred Thousand Dollars ($500,000.00).
5.4 Fire and Extended Coverage Insurance (Builders' Risk);
The DEVELOPER shall maintain, as applicable, in an Insurance Company or Insurance CampllUies
acceptable to the AGENCY, Fire, Extended Coverage and Vandalism & Malicious Mischief Insurance on
buildings and stru.cfures, white in the course of construction, including foundations, additions, attachments
and aU permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or
policies shall also coYer machinery, if the cost ofmachfnery is included in th(J Contract, or if the machinery
located in a building that is being renovated by reason of this contract. The amount of insurance must al all
times be at least equal to the actual cash value of the insured property.
The policy shall be in the name of the AGENCY and the DEVELOPER, as their inleres.t may appear, and
shall also cover the interests of all Subcontractors perfonning Work.
5.5 The DEVELOPER sball provide Ihe AGENCY willi satisfactory evidence certifying that Ihe foregoing
insurance is in force; and such evidence shall include provisions naming the AGENCY as an additional
named insured and providing that the insurance shall not be canceled or materially changed until at least
thirty (30) days prior written notice has been given by the insurer to the AGENCY by certified mail.
5.6 CancelJation and ReMlnsurance:
If any notice of cancellation of insurance or change in the policy, given by the insurance company or
should any insurance have an expiration date that will occur during Ihe period of rhis Contract, the
DEYELOPER shall be responsible for securing other acceptable insurance prior to such cancellation,
cliange l or expiration so as to provide continuolls coverage as specified in this section and so as to maintain
coverage during the life of this Contract.
5,7 All deduclibles must be declored by tho DEVELOPER and must bo approved by the AGENCY. At Ihe
option of the AGENCY, either the DEVELOPER shall eliminate or reduce sucll deductible or Ihe
DEVELOPER shall procure n BOlld, in a form satisfactory to the AGENCY covering the same.
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CERTiFIED TO:
Ml(lml-Oade Aiforoobto Housing FOl.lndttlion, ioc.,
F!tslAm(jri~n T!Ul1Ilnsuf,a,nC8 Comp,any. and
Bemoan RannM Vag<li & Mandler, P A.
l.EGAL DESCRIPTION:
lol6 lo&s th61 WOSI2,SO wet, in Sieck 1. of FRANKUN SUBONISION,
accordlng \0 1118 plat Ihateof, as rerorood In Plal600l< 5, at Page 34, of
the Public Records of Miami Dmfe County, AoIioo.
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PLANNING BOARD
R¢gcil~rJy[e~tingMitiu~¢~·E;xsel])t
Tll~s4~r~.· J#l1pary J b.201 t· .. ·. .
. ¢itYq0.rnl'llissiol19harnb~rs .
.... 7:30P.M:.'
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 Planning Board Meeting will be held on February 28, 2012.
IV. Public Hearings
PB-12-002
Applicant: Miami-Dade Affordable Housing Foundation
Location: 6477 SW 60th Avenue
The applicant is requesting two variances from Section 20-3.5 of the City's Land
Development Code. 1. requesting a variance of ten (10) feet from the required sixty (60)
foot lot frontage, and 2. requesting a variance of 125 square feet to minimum lot size of
6,000 square feet, to construct LEED Certified affordable housing on a nonconforming lot
of record in an RS-4 zoning district. 6477 SW 60th Avenue.
Mr. Dundorf read the item into the record.
Z:IPBIPB Minutesl2012 MinutesIJanuaryIPB-12·002 Draft Meeting Minutes Excerpt -Ol·31-12.doc Page 1 of3
Mr. Brimo presented the item to the Board.
The Chairman opened the public hearing.
No Discussion.
The Chairman closed the public hearing.
Dr. Philips asked if the difference in square footage was due to the fact that it yes fifty feet
shorter in the front of the property of which Mr. Brimo stated yes.
Mr. Dundorf asked if the reason for this variance was due to the same platting problem that
affected PB-12-00 I, of which Mr. Brimo stated yes.
Mrs. Beckman stated that there will be a smaller house on the property due to all of the other
dimensional requirements will stay the same, of which Mr. Brimo stated yes. He then stated that
once the site plan has been submitted, they will comply with all of the dimensional requirements
and be in accordance with the variance.
Motion Mr. Cruz motioned to approve. This motion was seconded by Mrs. Beckman.
Vote:Yes7,NoO
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Yes
Mr. Vitalini: Yes
Mrs. Yanoshik: Yes
Dr. Philips: Yes
V. Approval of Minutes:
Planning Board Minutes of November 08, 2011 -The Board members reviewed the minutes
and were in favor of approval of the minutes with no changes.
Motion: Mr. Cruz motioned for approval of the minutes as presented. Mrs. Beckman seconded
the motion.
Vote: Yes 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
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VI. Future Meeting Dates: Tuesday, February 28, 2012
VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 9:54 PM.
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