16CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor and Members OfthoCommission
Via: Hector Mirabile, Ph.D., City ~an:ger j{
1lrom: Christopher Brimo, AICP e~Y .,/
Planning Director './
l/
ITEM No. /~ Date: February 21,2012
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 50 feet of frontage
where 60 feet is required, on property located at 5928 SW 66th Street, South Miami,
Florida, within the RS-4 zoning district; to pennit the construction of a new one-story,
LEED (silver) affordable single family residence within the City's Community
Redevelopment Area.
SUMMARY OF REQUEST
The applicant, Miami-Dade Affordable Housing Foundation is requesting approval of a
variance for lot size and lot frontage in order to construct a new affordable single-family
residence on a vacant lot located at 5928 SW 66th Street.
BACKGROUND
The subject parcel is a legal non-confonning lot of record that was owned by the City of
South Miami Community Redevelopment Area that was platted prior to the establislunent
of the cnrrent dimensional requirements for the RS-4 zoning district. On November 2011,
the Community Redevelopment Agency donated and conveyed the title of the referenced
property to the Miami-Dade Affordable Housing Foundation (Developer) to construct a
new LEED Silver certified, affordable single family residence. The City's Land
Development Code requires any new construction to meet the zoning standards for the
particular district where it is located; in this instance, within the RS-4" Small Lot Single-
Family Residential District. The applicant in a hardship letter claims that the substandard
size of the propeliy prohibits the use of the property.
The Planning Board at their January 31, 2012 regular meeting, following a public
hearing, voted 7 ayes, 0 nays to recommend approval of the variance request to the City
Commission.
APPLICABLE REGULATIONS (See ATTACHMENTS)
• Land Development Code Section 20-3 .5(E) Dimensional Requirements
2001
Section 20-3.5(E)
DIMENSIONAL REQUIREMENTS
--"-SINGLE FAMILY RESIDENTIAL DISTRICTS ONE STORY
Min. Lot Size RS-4 ---
Net Area (sq. ft.) 6,000
Frontage (ft.) 60
Min. Yard Setbacks (ft.)
Front 25
Rear 25
Side (Interior)' 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 affirmative finding as to each of the following
cliterion:
1. The variance is necessary to relieve paliicular extraordinary conditions relating to a
specific property;
The requested lot frontage variance is necessary to use the property.
2. Denial of the variance would result in hardship to the owner. Hardship results if the
restriction of the zoning ordinance, when applied to a particular property, becomes
arbitrary, confiscatory or unduly oppressive because of conditions of the property
that distinguish it from other properties under similar zoning restrictions;
A denial of the variance would be an oppressive hardship on the owner by
preventing the property from being used or built upon.
3. The extraordinary conditions and circumstances do not result from the actions of
the applicant;
The property was a non-conforming platted lot of record prior to being
transferred to the current owner.
4. The requested variance is the minimum variance necessary to make possihle the
reasonable use of the land, building or structure:
The granting of the requested variance is the smallest possible and the
only ones necessary to allowfor the reasonable use of the property.
5. That the approval of the variance will be consistent with the general intent and
purpose of the Land Development Code, and will not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
The approval of the variance is consistent with the City's objective to
provide affordable housing within the Community Redevelopment Area,
and will allow a vacant property to be used and jor the City to receive
property tax and other revenues. In addition the proposed use is the type
of use consistent with the RS-4 zoning district and will be compatible with
the abutting and surrounding properties. These objectives are consistent
with the stated objectives of the adopted comprehensive plan, community
redevelopment plan and land development code. The variance requested
will have no impact on surrounding properties.
RECOMMENDATION
It is recommended that the Commission approve the lot frontage variance, with the
conditions that the structure is constructed in accordance with the agreement between the
South Miami Community Redevelopment Agency and the Developer.
Backup Documentation:
• Resolution
• Application
• Location Map
• Letter of Hardship/Intent
• LDC Section 20-3 .S(E)
• WaITanty Deed
• Agreement between the Developer and the SMCRA
• Copy of Public Notices
• Survey
• Site Plan (Exhibit A)
• Specifications
Z:\COlllm Itcms\2012\2-21-12\5928 SW 66 St Variance Requesl\5928 SW 66 ST _ eM Report.docx
1 RESOLUTION NO. _______ _
2
3 A Resolution of the Mayor and City Commission, relating to a request for a
4 variance from Section 20-3.5(E) of the Land Development Code, to allow 50
5 feet of frontage where 60 feet is required, on property located at 5928 SW
6 66th Street, South Miami, Florida, within the RS-4 zoning district; to permit
7 the coustruction of a new one-story, LEED (silver) affordable single family
8 residence within the City's Community Redevelopment Area.
9
10 WHEREAS, on November 2011, the Community Redevelopment Agency donated and
11 conveyed the title of the property to the Miami-Dade Affordable Housing Foundation to construct a new
12 LEED Silver certified, affordable single family residence; and
13
14 WHEREAS, the property is a non-conforming lot of record requiring a variance in order
15 to construct the new single family residence; and
16
17 WHEREAS, application No. PB-12-003 was submitted to the Plarming Board by
18 applicant Miami-Dade Affordable Housing Foundation; said application requesting approval of a
19 variance from Section 20-3.5(E) to permit the construction of a new one-story, LEED (silver)
20 affordable single family residence within the City'S Community Redevelopment Area with a lot
21 frontage of 50 feet where a minimum of 60 feet is required, on property within an "RS-4" Single
22 Residential Zoning use district, specifically located at 5928 SW 66th Street, South Miami,
23 Florida; and
24
25 WHEREAS, the approval of a variance requires a recommendation from the Planning
26 Board and the approval of the City Commission after a public hearing; and
27
28 WHEREAS, at its January 10, 2012 meeting the Plarming Board, after public hearing,
29 voted 7 ayes 0 nays to recommend approval of the variance requested; and
30
31 WHEREAS, the Mayor and City Commission of the City of South Miami desire to
32 accept the recommendation of the Planning Board.
33
34 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
36
37 Section 1. The recitals set forth in this resolution are true, that they are supported by
38 competent substantial evidence and that they are incorporated into this resolution by reference.
39
40 Section 2. The subject application submitted by applicant Miami-Dade Affordable
41 Housing Foundation, requesting approval of a variance from Section 20-3.5(E) to permit the
42 construction of a new one-story, LEED (silver) affordable single family residence on a vacant lot
43 with a lot frontage of 50 feet where a minimum of 60 feet is required on property within an "RS-
44 4" Single Residential Zoning use district, specifically located at 5928 SW 66th Street is hereby
45 granted.
46
1 Section 3. The approval of the requested variances includes Exhibit A, Site Plan by
2 Architect Steven Luria AlA, dated 12-10-2011, for proposed residence at 5928 SW 66 Street is
3 incorporated herein.
4
5 Section 4. This resolution shall be effective immediately upon being approved.
6
7
8
9 PASSED AND ADOPTED this __ , day of ___ , 2012.
10
11
12
13
14
15
16
17
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
18 Commissioner Newman:
19 Commissioner Harris:
20 Commissioner Welsh:
21 CITY ATTORNEY
22
23
South Miami
~
'fjfr
2001
CITY OF SOUTH MIAlvil
To: Houorable Chair &
Plaruling Boord Membel's
From: ChrIstopheI' Brimo, AICP e!'Y"/
Planning Director ;/'
PB-12-003
Date: January 31, 2012
Re: Voriance Request
5928 SW 66th Street-
RS-4 Zoning District
Appllcant: MIami-Dade Affordable Bousing Foundation
Location: 5928 SW 66th Street.
A Resolution of the Mayor and City Commission, relating to a request for n variance
from Section 20-3.5(E) of the Land Development Code, to allow 50 feet of frontage
where 60 feet is required, on property located at 5928 SW 66th Sh'eet, South MIami,
Florida, wIthin the RS-4 zoning district; to permit the cOllstruction of a !lew oue-
story, LEED (silver) affordable single family residence within the CIty's Conununlty
Redevelopment Area, and providing au effective date.
SUM1"IARY OF REQUEST
The applicant, Miami-Dade Affordable Housing Foundation is requesting approval of a variance
fol' lot size and lot frontage in order to eOllstmet a new affordable single-family "esidence on a
vacant lot located at 5928 SW 66th Street.
BACKGROUND
The subject parcel is a legal non-confonnlug lot of record that was owned by the City of South
Miami Community Redevelopment Area that IVas platted prior to the establishment of the current
dinlensional requirements for the RS-4 zoning district. Ou November 2011, the Community
Redevelopment Agency donated and conveyed the title of Ihe referenced property to the Miami-
Dade Affordable Housing Foundation (Developer) to cOlllltmcl a new LEED Silver ce.iified.
affordable single family residenee. The City's Land Development Code requires any new
eonstntction to meel the zoning standards for the particular district where it is located; in tllis
instance, within the RS-4" Small Lot Single-Family Residential Disttict. The applicant ill a
hardship Jeltcr claillls that the substandard size of the property probibils the use of the property,
APPLICABLE REGULATIONS (See AITACHMENTSl
• Land Development Code Scctlon 20-3.5(E) Dlm"lIs/ollal RequirelllelJts
STAFF OBSERVATIONS
(a) The applicant is proposing to build a new 2,161 square foot single family residence all Ihe
referenced site. The proposed development meels Ihe olher requirements of the development code
Scctlon 20-3.5(E)
llI~'lENSIONAL REQUIREMENTS
,-~ SINGLE FAMILYR~SlDENTIAL DISTRICTS· ONE·STORY
~otSlze
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 (%)
Attachmcnts:
Appl/Clliloll
LoclltJoll iJ.lap
Lellel' 0//1111'1/.,11/1'1/1110111
WCSeclloIl20-3.5(1!)
Warnllltj' Deed
-----
-
AgJ'eelllfJlI( hetweeJl/1t11 D(!J'C/OI18J'l1llfl lite SMCRA
COl')' 0/ Pllblle Nolic.s
SUI'I'e)'
SII. Plrm
SpecljicflllolIS
RS-4 ---,
6,000
60 ----
25
25 I
7.5" ._--
15 -
--25
First floor 30
45
Z:\PD\PD Agendas StnfrRel)Ol'!s\2012 Agenda SIII(( Itt'florfs\I-IO.20 12\PB-I2-Q03\PD·i2..o03 -Vnrillllce_5928 SW 66th SI.doc
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nBc! wiil require all appearance before the Environmenlal Review and Pl'eservation Board
following review and recotllll1end~tioll by the Plauning Board and review and approv~1 by the
City Commission.
(b) The subject site is surrounded by the following properties and zoning districts: RS-4
residential to the norlh, south~ east nnd west.
(c) (n June 200S the City Cotllmission amended the Land Development Code to add specific
oriteria l'or judging variance re~uesls, LDC Section 20-5,9 (H) now requires that ail v~riance
decisiollS shall be based on an affirm.tive finding.s to eaeh of the following eriteriou:
1. The wlriatlce is necessary to relieve particular extraordinnry conditions relating to l!
:!lli'cific property:
1'!Ie requested 10.' jl'OlItage wl1'ioltce Is lIecessary 10 lise lite jJroperly.
2, Denial of Ihe variance WQuJd result in hardship to the owne.', Hnrdshi~ulls if the
.'eslricHo!} of the zoning ordinance. when appljed to " pallicula .. property, becomes
nrbilral'Y. cQnfiscatory 01' unduly oppressive because of conditions of the pmpertv Ihat
dislinguish it flom othel' properties under simUnl' zoning restrictiolls:
A delliff/ of tile ""dallce ",ouM be (11/ oppl'esslve IIal'l/sillp Oil Ille OWllel' by
pl' .. 'elll/llg Ihe III'opel't)' fi'olll belllg IIsed 01' buill IIpOII.
3. The extraordinary conditions "nd circumslnnces do not result ii'OIl) the nctions of the
fluplicnnl:
The pl'opel'i), WflS fl 1I001-COllfol'lIIllIg plaUeil lot of I'ocol'li pdol' to bell/g
tl'um/el'l'ed to tire CUI'I'el/t O"'"el'.
4, The requested variance is Ihe minimum variance nccessaJY to make possible the reasonable
use of the land. building 0., slmcture:
The gmlll/llg of ilre I'equestell l'fll'llIIlee is the slllal/esl posslhie ami Ihe ollly
olles /lceessm'y to nllowior the rcasonable lise of the pl'opel'ty_
5. Thai the approv.' of the vnl'iallcc will be consislent with tbe general illtent and 1)II1])ose of
Ihe Land Development Code. aud will not be illjUl'iQl1s to Ihe neighbol'hood 01' othenvise
detrimental to the Jlublic welfare,
The 01'1'1'01'0/ of the >'!II'/flllce Is COlls/slellt II'llh Ille Clly's objectlv. to p,'o"iII.
"[fon/uhfe hOIlSlllg II'llilllI Ifle COIIIIIIIIII/(I' RedeveloplII<lll1 Area, {filii will allow
a l'aC{fllt pl'opel'ly 10 be IIseil fll/(I fol' Ifle City 10 ,'ecell'e propel'ty fa,~ 01/11 OllieI'
l'aMII/leS, III additloll Ihe PI'oposed lise Is Ihe type of lise cOlls/slelll I/'Itll Ih.
RS-if ZOllll,g disMct 01/(111'111 be cOlllpotlble wltll the flVlIlIIlIg (filiI SIII'I'O/lIIdlllg
pl'opel'lics, 'l1res. object/,'es II/'e CO/lslslelll with tile st{(ied objecllves of 'he
ar/opter/ cOllljJl'elrenslw] plall, C(}UlIllllllit)' l'er/cl le/opmelll piau lIlId lant!
development code. The 1IfII'Ialtce I'aquas/ellll'lli hm'e 110 impacl 011 slI1'1'omu/illg
pl'opeJ'lies,
RECOMIVfENDATION
IL is recommellded that the Board recommend approval of the lot frontage variance l with lhe
condition,s thut the slruchlre is conslrucled in accordAllce with {'he agreement between the South
Miami Community Redevelopment Agency and the Developer.
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City of South IVIiami
Planning & Zoning Department
City HaD, 6130 Stmse! Drive, South MiOtni, Florida 33143
Telephone: (305) 663·6326; Fax: (305) 668,,7356
Application For Public Hearing Before Planning Board & City Commission
Address of Subject Property: t;''12g' 5W (.6 Sf/eel' LOI(S).jL-Block!<t:: Subdivision /../:/f'KIi'lS
PB L·.L2.:?
Meets & Bounds: N /A
Applicant: ' 1$' ~ ~ rIr.~ Phcpe: 3L?~J 1 .. r/ ~'/?:5 0 AIf«tlIi, jade ~ 'lHoil/e 1/t;~)illlpVtI Il 11m ./t1(, ,If 11M 1/1'.1-/ "
Representative: (/ Organization:
N,AJ.
Address: Phone:
A
Property Owner: )1}J ;;i; Ft Signat:lre~ c..
Mailing Address: q 'ito // W !t~ 5/7(~~i )udi -:;j'2 Phone, 9tJV"? I -9?s-O 'il;i;"mi /-/ ?Jl7..~
ArchitecUEngineer: 91e<./(-u.m'(L Phone a 9 :7. '5--'(J 70 -31lt' 6 .
AS THE APPLICANT, PLEASE INDICATE YOUR RELATiONSHIP TO THIS PROJECT:
j{owner Owner's Representatfve Conlract to purchase Option 10 purchase Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM:
';( v:arlance
PLEASE CHECK ALL THAT APPLY:
-Text Amendment to LOC ..!£ LaUer of Intenf
_ Zoning Map Amendmenl _ Specfal Usa ~ Justifications for change
_ PUD Approval _Special Exception ~ Stalement of hardship
_ PUD Major Change _Olher (Waiver of Plat) J. proof of ownership or leUer from owner
Power of aflorney
Briefly explain application and cile speclne Code sections: '\j G~nlraGI-to,p"r~ha.e DelltioftYr ~(r!1!41!
rl'~f"'Df<?-fll is "'fltld fS-,!-{V{ VAl/PI rf',/uI'JlJ I(tfrit'I!C~ '(I'm' y.. CUrrent survay (1 orlgfn~1 sealed an
Sec., '?'!'?·S,';--Iv atlPlv .(i>y SDlfylmidli<-'<lhM(.&{Jf/i'iJI1/n18 II sfgnedl1 reduced copy @ 11" x 17")
IfY-;-;'<,(, (I{O(""'ril ,#, .. 1 1,,((1''( Id,V{, vS-O/ (,-"'/" ,e ~i, n7!;" ' ~ 15 caples of Sile Plan and Floor Plans,
5MCl'Ii r/onrdt.d ,I-ri.l.. /of ,,/Y P//)/Jdf! -h bu'; /d If'lij),·(.-erj;f~d 1 reduced copy @ 11" x 17"
t/((bfria.Mt./1d<'S'-, 'fr loW --Iv Md<leY<I{<'"inoilJ/( /O)1;J/f/ , \ Affldavit·Receipts altesling 10 mail
nOTrees sent
Secl1on:~_ Subsecl1on:__ Page #: __ Amended Dat~:
.\I Mailing labels (3 sels) and m~p
_ Requtred Fee(s)
The llndersiencd has read this completed application and represents that the infonnation and aU submitted materials are true and
correct to thebest of the applicant J$ Knowledge and beJief. ,
IJpa/ II, .:hli'~ (2. -t·' / L
s Signature and title PrlJt Name -Date
Upon receipt) app'licalions aud aU submitted materials will be reviewed for compbunce witb the Land Development Code' and other
applicable regUlations, Applications tbund nol in compti,",ce wili be rejected aod returned to the applicant
I OFFICE USE ONLY:
Dale Flled __ ,--__
Pelit/on ReqUired __ _ I Method of Paymenl
Date of PB Hearing, _____ Dale of Commlssion ____ _
Petillon Accepted, _____ _
4fl6/09X:\Fomts\PB Applicaliorl fOf Public Hearing (Revised 2009).000
~<.
City ofSonti1 Miami
PB-12-003 Val'ionce
5928 SW 66 Street
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MIAMI-DADE AFFORDA8LE
HOUSING FOUNDATION, INC.
December 7,2011
Christopher 8rimo, AICP
Planning Director
Planning and Zoning Department
6130 Sunset Drive
South Miami, Ft 33143
Re: Variance request for 5928 SW 66"Street (Lot 8, Block 2, Larkins Subdivision, PB 2·105)
Dear Mr. Brimo:
Miami-Dade Affordable Housing Foundation, Inc. hereby requests a variance from Section 20·3,$ of the
land Development Code In order to allow for the construction of a one-story, single-family hOme on
property located at 5928 SW 66'h Street, within the "RS-4" single family residential zoning use districL
The variance request is to allow a 50' frontage where a 60' frontage Is required, The property was
donated to the Foundation by the City of South Miami CRA to build LEED·certifled, affordable housing
for low· to moderate-Income families.
The property is a non-conforming property in a plat that was recorded In 1915; properties in the plat
and abutting the subject property are non·conforming. Development of the property without the
granting of this waiver is impossible, As it is a goal of the City to provide affordable housing. we ask that
this variance be approved.
Thank you for your consideration.
Sincerely,
ftfiones
Execut'ive Director
A NOT·FOR·PROFIT 501 (c)(3) CORPORATION
7300 fJW 19 Stroe!, SUita 502
l''-Illaml, FL 33126
Phone: 305·471~9750
Fax: 305·471-9754
Email: mdahn@bellsouth.nel
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This instrument was prepared by:
Thomas F. Pepe, General Counsel
City of South Miami Community
Redevelopment Agency
1450 Madruga Avenue, Ste 202
Coral Gables, Florida 33146
Property Appraisers Parcel
Identification (Folio) Number:
WARRANTY DEED
til" TH!S INDENTURE, made this 0 day of November, 2011 between City of South
Miami Community Redevelopment Agency, a community redevelopment agency of the City of
South Miami, a FlorIda municipal corporation, whose address is 6130 Sunset Drive, South
Miami, Florida 33143 (hereinafter referred to as Grantor or "Agency") and Miami-Dade
Affordable Housing Foundation, inc., a Florida non-profit corporation (hereinafter referred to as
Grantee or "Developer").
WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars
($10.00), or other good and valuable consideration in hand paid by said Grantee to Grantor, the
receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold to said
Grantee, and Grantee's heirs and assigns forever, the following described land situated, lying and
being in Miami-Dade County, State of Florida, to wit:
Lot 8, Block 2, Towpsitc of Larkins, IIccol'ding to the Plat thereof, as
recorded in Plat Book 2, Page lOS, of the Public. Records of Miaml-
Dade County, Florida; folio number 09-4025-028-0200; a/kla 5928 SW
66 St., South Miami, Florida (herein after known as the "the
Property").
THIS CONVEYANCE IS MADE SUBJECT TO conditions, restrictions, limitations,
and easements of record, if any; but any such interests that may have been terminated are not
hereby re-imposed; and subject to applicable zoning ordinances, taxes and assessments for the
year 20 11 and subsequent years.
THIS CONVEYANCE IS ALSO l¥.ADE SUBJECT TO the following covenants
running with the land, and setting forth the right of reentry, to wit:
1. The Developer shall commence work on the property transferred under this Deed
for the development of a 3 bedroom12 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
Page I of5
established by United States Department of Housing and Urban Development ("I-IUD") for
Miami·Dade County (as set forth in the attached Exhibit A or as amended by I-IUD) and as
adjusted for the size of the purchaser's family, for affordable housing purchasers and who shall
hereinafter· be referred to as "SMCRA Qualified Purchaser". At such time, the. Developer shall
be responsible for the review and selection of low to moderate income applicant l10me buyers in
accordance with all applicable Federal, State and County and local law and with Agency final
approval. However, the Developer shall prioritize applicants as follows:
n. Low·income (in accordance with HUD guidelines) SMCRA residents;
b. SMCRA residents whose family income is 120% of l-IUD guideline, or
less, for median income families;
c. Low-income (in accordance with HUD guidelines) City of South Miami
residents;
d. City of South Mianll residents whose family income is 120% of HUD
guideline, or less, for median Income families;
e. City of South Miallu Role Models, as defined by the Soulh Miami
Community Redevelopment Agency's Role Model Program, as amended,
which program is incorporated by reference into this Deed and whose
income is equal to or less than 120% of HUD guideline for median income
families;
f. South Miami CormnUluty Redevelopment Agency Referrals whose
income is equal to or less than J 20% ofHUD guideline for median income
families;
g. City of South Miami Residents whose income is equal to or less than
120% ofl-IUD guideline for median income families;
h. Miami-Dade County Residents whose income is equal to or less than
120% ofHUD guideline for median income families; and
i. General Public whose income is equal to or less than 120% of HUD
guideline for median income families.
The Agency shall have the sale discretion to resolve any conflict in the prioritization of
applicants
2. The Developer shall commence work on the Improvement and complete
construction wilhin twelve (12) months from the date oftbis deed or aDO hundred eighiy (180) days from
the date of issuance ofa building permit from the applicable authority having jurisdiction, whichever is
the shorter period aftime.
3. Promptly after completion of the Improvements in accordance with approved
plans and provisions of this instrument, the Agency, upon receipt of a Certificate of Occupancy
from Miami-Dade County and the completion of an repairs and warrantee work and the
expiration of the warrantee period, shall furnish the Developer with an appropriate instrument
certifying to the satisfactory completion of the improvement. Such certification shall be in a
form recordable in the Office of the Clerk of the Circuit Court ofMiami·Dnde County, Florida.
4. The Developer agrees for itself, its successors and assigns, to or of the property or
any part thereof, that the Developer and such successors and assigns shall not discriminate upon
Page 2 of5
the basis of race, color, religion, sex or national origin in the sale or in the use or occupancy of
the property or any Improvements erected or to be erected thereon or. on any part thereof; and
this covenant shall be binding to the fullest extent permitted by law and equity, for the benefit
and in favor of, and enforceable by the Agency, its successors and assigns, and any successor in
interest to the property, or any part thereof. The Agency shall have the right in the event of any
breach of any such covenants, to exercise all the rights and remedies and to maintain any actions
or suits at law or in equity or other proper proceedings to enforce the cming of such breach of
covenant, to which it or any other beneficiaries of such co·venant may be entitled.
S. The Developer (or successor in interest), shall pay the real estate taxes or
assessments on tile property or any part tllereof when due. DEVELOPER shall not allow any
levy or attachment to be made, or any lien or any unauthorized encumbrance to be recorded that
is not transferred to a bond within thirty (30) days of the levy, attachment or its recording in the
public record other h'1an for the following:
B. Any mortgagees) in favor or any institutional lender for the purpose of
financing any hard costs or soft costs relating to the constl1lction of the Improvements in
an amount(s) not to exceed the value ofthe Improvements as determined by an appraiser;
and
b. Any mortgagees) in favor of any institutional lender refinancing any
mortgage of the character described in clause (a) hereof, in an amount(s) not to exceed
the value of the Improvements as determined by an appraiser; and
c. The recordation, together with any mortgage purporting to meet the
requirements of clauses (a) or (b) above, ofa statement of value by a Member of
American institute of Real Estate Appraisers ("MAl"), (or member of any similar or
. successor organization), stating the value of the Improvements is equal to 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 shajl not defoat, render invalid, 01' limit In any way, the lien of such
mortgage. For purposes of this paragraph an "institutionallonder" shall mean any bank,
savings and loan association, insurance company, foundation or other charitable entity,
real estate or mortgage inve:;tmcnt trust, pension funds, the Federal National Mortgage
Association, agency ofthe United States Govemment or other govemmental agency.
d. All qualified mortgages as defined above in subparagraphs a" b., and c.
shall be subrogated to the right of the Agency, at its sole and exclusive discretion, to
assume the mortgage without penalty and the mortgage shall not become due or payable
solely by reason of the transfer of the property to the Agency in accordance with the
terms and conditions of this deed. All mortgages issued by the DEVELOPER as mortgagor
shan 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-collveyance of the title to the AGENCY shall not trigger disadvantage to the
AGENCY.
e. Liens that are timely transferred to a bond within 30 days from the date that Ille
lien is recorded.
6. Developer shall not change the ownership or distribution of the stock of the
Developer or change the parties in control of the Developer or the degree thereof while the
Page 3 of5
property is titled in its name without the prior written consent of the Agency, in its sole
discretion.
7. The Developer shall not transfer the property or any part thereof prior to the
completion of the improvements, consisting of an affordable single-family home, and issuance of
a Certificate of Completion andlor Occupancy for tbe 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 ofthe 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 I, but using the most current HUD affordable housing
income guidelines.
8. In the event the Developer shall violate or otherwise fail to comply with any of
the covenants set forth herein, the Developer shall correct or cure the default/violation within
thirty (30) days of receipt of notification of the default sent to it by the Agency. Notiflcation
may be sent by United States mail to 7300 NW 191h Street, 1/502, Miami FI 33126, e-mail to
anne.mallning@earthlink.net,orfacsimiletransmission to 305-471-9750 or courier. If
Developer fails to remedy the default within thirty (30) days of receipt of the notification, the
Agency shall have the right to reenter and take possession ofthe property and to terminate (and
re-vest title in the Agency) the estate conveyed by this Deed to the Developer, provided, that any
such right to reentry shall always be subjected to and limited by, and shall not defeat, render
invalid, or limit in any way the lien of any valid mortgage or Deed or Trust permitted by this
Deed. In the event the Developer fails to construct a residence and obtain the required
Certificate of Occupancy or Certificate of Completion within the time required by this deed, the
Grantor shall have the right, but not the obligation, to cause Developer to re·convey the Property
to the Grantor, subject to any encumbrances against the Property filed by a third-party that has
provided financing in connection with the development of the Property, for an amount equal to
the tax assessed value of the property. The deed re-conveying the Property shall only include the
same title exceptions contained in the title policy issued to the Developer upon the initial
conveyance of the Property to the Developer. In case ofthe failure of Developer to perform any
of the covenants in this deed, at the option oflhe 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 ofthe reversion of the title, Developer
shall have no right or claim for reimbursement for any expenditure incurred for the
improvements made to the Property. All improvements made on the property shall be retained
by the Grantor in full satisfaction and liquidation of all damages sustained by the Grantor, and
the Grantor shall have the right to reenter and take possession ofthe premises and seek such self-
help remedies as shaH 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 perfonnance to obtain the re-conveyance of the Property without waiving its right to
automatic reversion oftHle of the property to AGENCY by way of the reverter provision set
forth hereinabove. All of the provision and covenants contained in this deed shall survive the
closing and transfer of title to Developer.
Page 4of5
9. Upon transfer by warranty deed to the Developer, Developer agrees that any sale
of the property shall be to an affordable housing purchaser as defined in paragraph I above and
the purchasers shall be obligated to comply with the Agency deed restriction requiring the
property to be purchased by a qualified affordable housing purchaser as previously defined, and
any sale of the property over the next 15 years shall require sale to a subsequent qualified
affordable housing purchaser as previously defined in paragraph 7 above.
Grantol' 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" afe used for sing1!lar or plural, as context requires.
IN WITNESS WHEREOF, Grantor has herennto set its hand and seal the day.
and year rust above written .
. 'j
witnJMKy ·
STATE OF FLORIDA
COUNTY OF MIAMI·DADE
• )
) ss
)
Grantor
City of South Miami
Community Redevelopment Agency
By: i{ijgt/l?JJ:jA
Philip K Stoddard, as Chairperson
SEAL
I HEREBY CERTlFY that on this day before me, an officer duly qualified to take
acknowledgments, personally appeared, Philip K Stoddard, the person described in and who
executed the foregoing Warranty Deed between City of South Miami Community
Redevelopment Agency and Miami-Dade Affbrdable Housing Foundation, Inc., acknowledged
before me that he executed the sanle, and who presented as identification the foll0r'lng:
, aud he did take all oath }r affirmed). h~l
W],I'NESS my hand and official seal in the County and ~ta!6 ast aforesaid this ry day
of November, 2011. h,x
~N~ot~ary~P~ub~H~JL'l~rr~--o.---------
Printed: tJlte i'Y:Y~ C¥jllf)(
Page 5 of5
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EXHIBIT A
United States BUD
(hereinafter referred to as "HUD")
Affordable Housing Guideline
•
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
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AGREEMENT BETWEEN DEVELOPER AND
TIlE CITY OF SOUTH MIAMI
COMMUNITY REDEYELOPMENT AGENCY
THlS AGREEMENT is made this ~ day of November, 20! 1, 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 LEBD Silver certification
standards; to prepare all of the construction documents, including but not limited to
the plans, working drawings and specifications; to obtain all necessary permits fat'
the construction of a single family home on each of the properties identified in
Exhibit C; to market the homes; to provide HOD! SMCRA Re-Development Plan
approved homebuyel's ("SMCRA qualified buyers") with counseling and to assist
potential buyers in qualifying for subsidies and financing from lending institutions
for permanent financing and to do all things necessary to complete construction of
all of the homes in question and to sell the homes to SMCRA qualified buyers; and
WHEREAS, AGENCY qualified potential buyers will be selected in
accordance with applicable Federal, State, County and local laws and gUidelines;
and
WHEREAS, the AGENCY is the current owner of the property listed on
Exhibit C, having acquired the properties for the purpose of providing affordable
housing and to eliminate the blight within the AGENCY boundaries; and
WHEREAS, AGENCY has elected to enter into this Agreement with the
DEVELOPER to provide affordable housing to AGENCY residents; and
WHEREAS, the DEVELOPER proposes to construct homes on the Propeliy
consisting of single family residential home together with all appurtenances,
fixtures, and improvements ("Improvements") as set forth in the Development Plan
tbat is attached to this Agreement as Exhibit D-l, D-2 lind D-3 as may be amended;
and
WHEREAS, the DEVELOPER has agreed to construct the affordable home
with the designated sales price fol' each home not to exceed Two Hundred Five
Thousand Dollars ($205,000,00) 01' cost plus five percent (5%), whichever is the
lesser amount; and
Page I of 14 Jf£. Agency J!!f= DEVELOPER
WHEREAS, the DEVELOPER agrees to perform the covenants set forth in
the Warranty Deed, the form of which is attached hereto as Exhibit A, The
DEVELOPER and any affordable housing purchaser shall be obligated to comply
with an AGENCY deed restriction requiring that the property shall be purchased by
someone whose household has earning at or less than 120% of the Average Median
Income as established by United States Department of Housing and Urban
Development ("HlJD") for Miami-Dade County (as set forth in Exhibit F or as
amended by BUD) and as adjusted for the size of the purchaser's family, for
affordable housing purchasers and who shall hereinafter be referred to as "SMCRA
Qualified Purchaser", In addition, the DEVELOPER agrees that any sale or resale
of the property over the next 15 years shall require sale to a subsequent SMCRA
Qualified Pmchasel' whose household has earning at or less than 120% of the
Average Median Income as established by BUD for Miami-Dade County based on
the then existing BUD income guideline, or, if none exists at that time, then as set
forth in Exhibit F, and who shall hereinafter be referred to as a "Subsequent
SMCRA Qualified Purchaser", However, should the home be owned by Subsequent
SMCRA Qualified Purchaser for 15 consecutive years, the qualified affordable
housing purchaser shall automatically be released fi'om this restriction,
NOW, THEREFORE, ill consideration of the covenants, mutual promises
and in consideration of$IO,OO or other good and valuable consideration which are to
be paid or delivered to the AGENCY, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
Section 1. Recitals-Whereas Clauses, The parties acknowledge and agree
that the recitals contained within the "whereas clauses", as set forth above, are true
and cotrect and that they are hereby incorporated by reference into this Agreement.
The following list of documents shall compl'ise the Agreement between the parties
and shall constitute, collectively, the "Contract Documents":
This Agreement;
Warranty Deed in the form as found in Exhibit A;
Performance and Payment Bond in the for form as found in Exhibit B;
Legal description of the parcel found in Exhibit C;
Project drawings, plans, specifications and schematics described in
Exhibit D-l, D-2 and D-3 as may be amended in conformity to this
Agreerhent;
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!4 ~tI Agency
~ DEVELOPER
Section 2. Title and Re-conveyance. The AGENCY agrees to provide the
DEVELOPER with title to specific land identified in the attached Exhibit C,
provided DEVELOPER constructs and provides a single family home for a qualified
affordable housing recipient for each of the propetties listed in Exhibit C. The
Agency agrees that the lots shall be vacant of all structures at the time of conveyance
to the DEVELOPER. The AGENCY shall transfer title of the lots to the
DEVELOPER by warranty deed in the form as found in Exhibit A. In the event that
there is a defect or cloud (hereinafter referred to as a defect) on the Agency's title to
any of the pro petties, the Agency shall have 90 days (hereinafter referred to as the
"Cure Period") to cure the defect. In such event, the Developer's time for
developing the propelty 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. lfthe Agency fails to cure the defect within the Cure
Period, then this Agreement shall thereby automatically be amended to delete the
property with the defective title from the list of properties found on Exhibit C, Upon
the failure of DEVELOPER to build a fully completed home, for which a Certificate
of Occupancy has been issued, on each lot within the scheduled time, as set forth in
this Agreement, or as amended by the AGENCY in writing, the AGENCY shall
have the right to cause DEVELOPER to re-convey the lot in question with and
including any improvements thereon, and the wan'anty deed shall provide for such
coodmon. Uponsucn re-conveyahc-e,-whether voluntarily or involuntarily, the re-
conveyance shall constitute the DEVELOPER's agreement to a change of contmctor
and assignment of any and all permits, that the DEVELOPER has obtained, to a
successor contractor chosen by the Agency for the completion of the project, and to
hold harmless Miami-Dade County and the City of South Miami for any damage
suffered by the DEVELOPER as a result thereof.
Section 3. Project Scope. The DEVELOPER shall provide construction
services to accomplish the completion of construction and improvements of the
residential homes to be located on the Properties in accordance with the approved
building plans and in accordance with the floor plan, front elevations and
specifications set fOlth in Exhibit D-1, D-2 and D-3, or as may be amended,
including a finished grade and landscaping compt'ised 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
Departmenf!frid its BulldingDepartment, as well as by the Miami~Dade County
Building and Zoning DepartJU"ents before construction can commence. The
DEVELOPER shall not be required to construct a home on the smallest of the six
proposed lots and said lot shall not be conveyed to the DEVELOPER unless the
AGENCY pays for the cost of redesigning the home for this lot, from a three (3)
Page30fl4 110 Agency C!¥= DEVELOPER
bedroom, two (2) bath to a two (2) bedroom, one and one half (1-112) bath. The
Improvements shall be constructed in accordance with plans and specifications
(attached as Exhibit D-1, D-2 and D-3), and as may be amended. The Development
Plan, as well as the plans and specifications, must be approved in writing by the
AGENCY before the warranty deeds are executed and recorded. In the event that
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 (12) months fi'om 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 __
... (r80) Clays) is-the shorterpeiioa ofthne. Upon the expiration of this scheduie~ 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
shallre-convey all of the property upon which a rll1ly completed home that has been
issued a Certificate of Occupancy does not exist. Additionally, the AGENCY may
seek enforcement oflhe 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.
Se·ction 7: Aifielfdmehts. Any amendments, altei'alions; or variations to this·
Agreement will only be valid when they have been reduced to writing and duly
signed by the parties.
Page 4 of 14 {!J{[ Agency C!!¢-DEVELOPER
Section 8. Limitation of Liability:. The AGENCY desires to enter into this
Agreement only if in so doing the AGENCY can place a limit on the AGENCY's
liability for any cause of action arising Ollt of this Agreement, so that its liability
never exceeds its maximum potential monetary contribution of the current tax
assessor's valuation of the property. The DEVELOPER expresses its willingness to
enter into this Agreement with recovery from the AGENCY fol' 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 of this Agreement.
Nothing contained in this paragraph or elsewhere in this Agreement is in any way
intended to be a waiver of the limitation placed on the Agency's liability as set forth
in Chapter 768, Florida Statutes. Additionally, the Agency does not waive sovereign
immunity, and no claim or award against the City shall include attorney's fees,
investigative costs 01' pre-judgment interest.
Section 9. Continued Compliance. Aftel' any payment, if any, is made by
the Agency and applied according to the requirements set forth in this Agreement,
··theAgency shalrEie-autolmitically dischmied fi'om any iuid all oblIgafions;rraoimres
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 telms oftltis Agreement and the program requirements.
Section 10. Right to Reenter and Take Possession of the Property. The
AGENCY has the right, at its election to take possession of the Property with all
improvements thereon and terminate the Agreement if the DEVELOPER:
(i) Fails to start construction within thirty (30) day following the
issuance of construction permits.
"
(ii) Abandons or SUbstantially suspends construction for a period of
more than 30 days. A delay caused by force majeure or by a subcontractor or
supplier shall not be included in the calculation of the 30 day period, provided
the delay of the subcontractor or supplier is not due, in anyway, to the fault or
negligeiice6nne DEVELOPER.---
(iii) Fails to cure a violation of the Agreement within 30 days after
receipt of notice to cure or notice of default sent to it by the AGENCY.
Page 5 of 14
fltf Agency
~ DEVELOPER
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(iv) Fails to apply for building permits for each lot conveyed, from all
applicable agencies, within 30 days aftel' the effective date of this Agreement
or within 30 days of the date of the deHvelY of the deed for said lot, whichever
is the greater amount of time.
(v) Fails to complete construction of each lot within twelve (12)
months of this Agreement or within twelve (12) months of the date of the
delivery of the deed for said lot, whichever is the greater amount of time or
one hundred eighty (180) days after receipt of the construction permits for the
applicable lot.
Section 11. Risk OfLOS8. Risk of loss by fire or other casualty shall be the
DEVELOPER's and the DEVELOPER agrees to maintain adequate insurance for a
sum not less than the fulll'eplacement value of the homes to be constructed. The
DEVELOPER shall not commence work under this Agreement until it has obtained
and submitted proofofall insurance required by the AGENCY, including the
insurance requirements set fOlih in Exh i bit E.
Section 12. Independent Contractor. The DEVELOPER, its employees and
agents shall be deemed independent contractor~ and not aJ~ents_o!:.. elppl())'ees gL __
AGENCY, and shall noi 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.
Oi) Failure of the DEVELOPER to make timely payment(s) to
subcontractors or suppliers for materials or labor regarding the Project unless
the DEVELOPER has reasonable grounds to withhold payment.
(iii) -'Reasonable evidence that any-portion of the ProjeCt cami6t be
completed for the unpaid balance of the construction Joan.
(iv) Failure to carry out any portion of the Project in accordance with
the Contract Documents.
Page 6 of 14 pJ1 Agency Hf-DEVELOPER
(v) Failure by DEVELOPER to stalt construction within six (6)
months from the date of this Agreement or to complete the homes within one
hundred eighty (J 80) days fl'om the date of issuance of a building permit from
the applicable authority having jurisdiction, whichever is the shorter pel'iod of
time.
Sectioll14. Venue, Law and Attorney's fees. In the event ofa termination
by the AGENCY, the AGENCY shall additionally be entitled to bring any and all
legal and/or equitable actions .in Miami-Dade County, Florida, in order to enforce
the AGENCY's right and remedies against the DEVELOPER. The AGENCY shall
be entitled to recover all costs of such actions including a reasonable attorney's fee,
at trial and appellate levels, to the extent allowed by law. In the event any suit or
legal proceeding is brought for the enforcement of any provision of this Agreement,
the parties agree that the prevailing party oj' paliies shall be entitled to recover from
the other party or parties after entry of final judgment, pre-judgment and post-
judgment attorneys' fees, including attomeys' 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 Efforts on Construction Timetable, DEVELOPER agrees
to use its best effolis to complete the construction on each ofthe lots being conveyed
within twelve (12) monthsfl'om the date oflhis Agreement or within twelve (12)
months ofthe date ofthe delivelY 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 tbe 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 pl'OpeliY
shall be returned, by DEVELOPER, to AGENCY.
Section 16. Representations and Covenants. DEVELOPER hereby represents
and warrants to the AGENCY the foil owing:
(1) DEVELOPER is a corpol'ation duly organized, validly existing and
in good standing under the laws of the State ofFlol'ida. There are no proceedings 01'
actions pending, threatened or contemplated against the DEVELOPER including but
not limited to any action for the liquidation, termination oj' dissolution of
DEVELOPER.
Page 7 of 14 iJ!.-Agency
~ DEVELOPER
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(li) DEVELOPER shall apply for construction permits within 30 days
from the effective date ofthis Agreement or within 30 days ofthe date oflhe
delivery of the deed for said lot, whichevel' 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 Depmiment and the Miami-Dade County Building and
Zoning Department and any other agency having jurisdiction over the approvaJ of
building plans and the development of property.
(iv) DEVELOPER shall complete constluction of the home on each of
the lots within twelve (12) months from the date of this Agreement or within twel ve
(12) months of the date of the delivery of the deed for the lot in question, whichever
is the greater amount of time, ot' one hundred eighty (180) days fl.'om 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 ohime,
(v) DEVELOPER covenants and agrees that the Property shall be sold
to SMCRA Qualified Purchaser.
(vi) Upon transfer of the warranty deed to DEVELOPER,
DEVELOPER agrees that any sale of the property by DEVELOPER shall be to a
qualified affordable housing purchaser, and the purchasers shall be obligated to
comply with the AGENCY's deed restriction requiring the property to be purchased
by a SMCRA Qualified Purchaser, and that over the following fifteen (IS) years,
any I'e-sale of the property shall require sale to a Subsequent SMCRA Qualified
Purchaser. This provision shall survive termination of the Agreement.
(vii). Warranty; The Developer shall repair or replace all work
performed and materials and equipment fiunished that were not performed in a
workmanlike fashion or not furnished in accordance with the telms oflhe 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 warranty fol' latent defects discovered more than one (I)
year following the issuance of the Certificate of Occupancy. If any part of the
project, in the judgment of the AGENCY, for the reasons above stated needs to be
replaced, repaired or made good during thal time, the AGENCY shall so notifY the
Developer in writing. If the Developer refuses or neglects to commence such work
Page 8 of 14 $ Agency
~ DEVELOPER
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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 Asency
boundaries. As part of the consideration for transfer ofthe Property, DEVELOPER
has agreed to build an affordable house, as previously defmed, 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 anhe 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 01' the one hundred eighty (180) days) is the shorter period of
time. The DEVELOPER may be granted one extension of time, for no more than
four (4) month, to complete construction upon delivery ofa written request to the
A GENCY Director before the time for completion has expired. The request will not
be unreasonably denied by the AGENCY. In the event the DEVELOPER fails to
construct a residence and obtain the required Certificate of Occupancy within the
time required by this Agreement, the AGENCY shall have the right, but not the,
obligation, to cause DEVELOPER to re-convey the Pl'Opelty to the AGENCY,
subject to any encumbrances against the Property filed by a third-party that has
provided financing in connection with the development of the Property. The
DEVELOPER shall re-convey the propet'ly and provide the AGENCY with a
marketable title to the Property. The marketable title shall not contain any
exceptions other than those exceptions contained in the title policy issued to the
DEVELOPER at the time of initial conveyance of the Property. In case of the
failure of DEVELOPER to perform any of the covenants in this Agreement, at the
option of the AGENCY, this Agreement shall be forfeited and terminated, and
DEVELOPER shall forfeit any and all claims to the Property and the title to Ihe
property shall revert back to the AGENCY. DEVELOPER shaH have no right or
claim for reimbursement for any expenditure incurred for the improvements made to
the Pt·opel'ty. All improvements made under this Agreement shall be retained by the
AGENCY in full satisfaction and Hquidation 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 piace the AGENCY in
exclusive possession of the premises to enforce the reverter clause provided for in
this Agreement and warranty deed. If for any reason DEVELOPER fails, neglects
or refuses to l'e-convey the Property, the AGENCY may seek specific performance
Page 9 of 14
(!II Agency f!Jf:. DEVELOPER
to obtain tbe re-conveyance of the Property without waiving its right to immediate
and 8tltomatic reversion of the title to the AGENCY. This provision shall sUl"live
the closing and transfer of title to DEVELOPER.
Section 18. Force Majeure. Neither party shall hold the other responsible for
damages or for delays in performance caused by force majeure, acts of God, oj' other
acts 01' circumstances beyond the control of a paliy or that could not have been
reasonably foreseen, prevented or avoided. Fer this purpose, such acts or
circumstances shaH include, but not be limited to, weather conditions affecting
performance, floods, epidemics, war, riets, stTikes, leckouts, or other industrial
disturbances, or protest demonstrations. Should such acts 0.1' circumstances occur,
the parties shall use their best efforts to overcome the difficulties and to resume the
work as soon as reasonably pessible.
Section 19. Independent Centractol'. DEVELOPER, its employees and
agents shat! be deemed independent contractors and not agents 01' employees of
AGENCY, and shall not attain any rights or benefits generally afforded AGENCY
employees.
Sectien 20. Notices. All netices, demands, cerrespondence and
communications between the AGENCY and DEVELOPER shall be deemed
sufficiently given undet' the terms of this Agreement ifsent by facsimile
transmission, e-mail, or dispatched by registered or certified mail, pestage prepaid,
return receipt requested, and addressed as fellews:
If to the AGENCY:
Uto DEVELOPER:
Director, Stephen David
South Miami Community Redevelopment Agency
6130 Sunset Dl'ive
Miami, Flerida 33 i 43
Fax: 305-668-7356
E-mail: SDavid@southmiami.tl.gov
Anne E. Manning
7300 NW 19'" Street, #502
Miami FI 33126
Fax: 305-471-9750
E-mail: anne.manning@earthlink.net
Section 21. Purchasers. It is agreed that all quali tied buyers shall be require
sign a mOltgage and nete satisfactory to AGENCY and enforceable by the
AGENCY, which shall require that the l'e-sale of the property with the constructed
Page 10 of 14 !Ii!-Agency G!:F DEVELOPER
home listed on Exhibit C is restricted and all deeds to the quaiified buyer shall
contain the restrictive covenants concerning fe-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 ofa "Subsequent SMCRA Qualified
Purchaser", as previously defined,
Section 22. Records and Costs, The DEVELOPER agrees to maintain books,
records, documents and othet' evidence pertaining to all costs and expenses incun'ed
and revenues acquired under this Agreement to the extent and in such detail as
required by the AGENCY, The books and accounts, files and other records of the
DEVELOPER, which are applicable to this Agt'eement, shall be available for
inspection, review and audit by the AGENCY and its representatives, at all
reasonable time, to determine the proper application and use of all funds paid hy, to
or for the accouilt 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 tlu'ee 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 COUlt costs
arising out of orin consequence of the performance of this Agreement at all trial and
appellate levels. Indemnification shall specifically inel ude, but not limited to,
claims, damages, losses, liabilities and expenses arising out of ai' from: (a) the
negligent 01' defective design of the Project and work of the DEVELOPER; (b) any
negligent act or omission of the DEVELOPER, its subcontl'actors, 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 ,,"ork; (g) the violation of allY federal,
state, or county or city laws, ordinances or regulations by DEVELOPER, its
_sub.contractors, agents,servants, independentcootractopsor-employees; (h) the
breach or alleged breach by DEVELOPER ofaoy term of this Agreement.
Page II of 14 f!11.-Agency Uf-DE\iELOPER
Section 24. Assignment. Neither paJiy shall assign its interest in this
Agreement without express written consent ofihe 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 real estate taxes or assessments on the property
or any part thereof when due. DEVELOPER shall not suffer any levy or attachment
to be made, or any lien, or any unauthorized encumbrance that is not transfen'ed to a
bond within thitiy (30) days of the recording with the exception of the following:
(i) Any mortgagees) in favor or any institutional lender for the purpose
of financing any hard costs or soft costs relating to the construction of the
Improvements in an amount(s) not to exceed the value of the Improvements as
determined by an appraiser; and
(ii) Any mortgagees) in favor of any institutional lender refmancing
any mortgage of the character described in clause (a) hereof, in an amount(s)
not to exceed the value of the Improvements as determined by an appraiser;
and
(iii) The recordation, together with any mortgage purporting to meet
the requirements of clauses (a) or (b) above, ofa statement of value by a
Member of American Institute of Real Estate Appraisers ("MAl"), (or
member of any similar or successor organization), stating the value of the
Improvements is equal to or greater than the amount of slIch mortgagee s),
shall constitute conclusive evidence that such mOligage meets such
requirements, and that the right of any reentry hereundel' shall be subject to
and limited by, and shall not defeat, render invalid, or limit in any way, the
lien of such mortgage. For purposes of this paragraph an "institutional
lender" shall mean any bank, savings and loan association, insurance
company, foundation or other charitable entity, real estate or mortgage
investment trust, pension funds, the Federal National Mortgage Association,
agency oflhe United States Government or other governmental agency.
(iv) All qualified mortgages as defined above in subparagraphs (i), (Ii),
and (iii) shall be subrogated to the right of the Agency, at its sole, absolute
and exclusive discretion, to assume the mortgage without penalty and the
m.9.1~tg1!g~.s_h\tU.J1Q.t heJ<ome .due. or..payabksolely. by reason .of the transfer of ..
the properly to the Agency in accordance with the terms and conditions of this
Page 12 of 14 ilL. Agency
~ DEVELOPER
I I I .
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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. If any provision or provisions of this Agreement
shall to any extent be invalid or unenforceable, the remainder of this Agreement
shall not be affected thereby and the remaining provisions shall be valid and
enforceable to the fullest extent.
Section 27. Miscellaneous Provision. In the event a court mtlst interpret any
word or provision of this Agreement, the word or provision shall not be constlUcd
against either palty by reason of their involvement in the drafting or negotiating of
this Agreement. .
Section 28, Inspection. AGENCY may make or calise to be made reasonable
entries upon and inspections of the Property.
Sectioll 29. Nondiscrimination. The DEVELOPER agrees for itself, its
successors and assigns, to or of the property or any part thereof, that the
DEVELOPER and slich successors or assigns shall not discriminate upon the basis
of race, color, religion, sex or nationl)! origin in the sale, lease or rental or in the use
or occupancy of the property or any Improvements erected or to be erected hereon or
on any part thereof; and this covenant shall be binding to the fullest extent permitted
by law and eqllity, for the benefit and in favor of, and enforceable by the AGENCY,
its successors and assigns, and any successor in interest to the propelty, 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 01' 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 ihis Agreement. The representative of the AGENCY shall be the AGENCY
Director; the representative of the DEVELOPER shall be provided at the time of the
joint execution of tills Agreement.
Section 31. Waiver. The passing, approval and/or acceptance of any part of
the work or material by the AGENCY, its Architect or Engineer, if any, or by any
·······agent-oILrepresentativeof the AGENey ·slralf·n-ot<J):Jerateasawalver aftlle··· ...
Page 13 of 14
jf[ Agency
rLf:::-DEVELOPER
AGENCY's right to demand strict compliance with the terms and conditions orthis
Contract. No act or omission or verbal representation or statement shaH be treated
as an expressed or implied waiver and all waivers shall be in writing signed by the
palty who is alleged to have waived any of the terllls 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
AgreemfJnt 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 uny
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 jtll'y 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.
~~~~~O~-l-A-.-JO-Il-e-s---------
Title: Executive Director
SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY
~;ne~Jfltf1~i~~ddard
Title: Chairperson
Page 14 of 14 .J!l. Agency
~. DEVELOPER
. FAMILY]g[
EXHIBIT A
United States HUD
(hereinafter referred to as "HUD~')
Affordable Housing Guideline
INCOME AND MORTGAOE L/MI1S
.• 11. ·'1 rOJ"· _II.
Medlao
<.L~)O> 3i 1000/, lZtl%
, E. ,0' •• < II
$14 18 •. ,51
, ;-
I.mo . ':--
1.600
){) )50 1.1UO
iO [so ;600 1.7
S21 ,351 iO S7: .SOO '.100
140%
r-r-
-i'1Q.1 •. HU
~I 101
It 84 ,1, 51.
Example of a SMCRA Affordable Housing Purchaser, based
on the gnideline 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 09-4025-0 I 0-0060 a/kJa 6457 SW
60 Ave., South Miami, Florida.
Deed Descrlplion; LOT 5 DLK I of FRANKLIN SUBDIVISION, ficcordlng '0 Ihe Pial ,hcreof, "
recorded In Pial Book 5, al Page 34, ofthe Public Records ofMlnn\l-Dade Counly, Florida
Franklin Subdivision, PB 5-34, Lot 6 less W 2.5 feel, Block 1,
Public Records of Miami-Dade County, PL. Vacant Lot Size 5875
Sq. Ft,; bearing folio number 090·4025-0 I 0·0070,
Deed Descrlplion; Lot 6, LESS Ihe West 2.50 feet Ihereof, Block I, FRANKUN SUBDIVISION, according
to the Plallheroof as recorded in Plat Book 6. Page 34. of Ihe Public Records of Miami-Dade Counly,
Floi/da
PI'nnkJin Subdivision, PB 5-34, Lot 7 less W 2.5 feet Block I, and
alley Iyg S & Adj. CLOSED PER R-92-1S17 Public Records of
Miami·Dade County, FL Lot Size 6180 Sq. FL; bearing folio number
09-4025·010-0080; alkJa 6487 SW 60 A VB. South Miami, Florida.
Deed Descrll'/lon; Lot 7, LESS the West 2,50 feet thereof, Block I, FRANKliN SUBDIVISION, according
to the Plat thereof, as recorded in Plat Book 5, Page 34, of the Public Records of Mlaml·Dade County,
Florida,
Franklin Subdivision, PB 5-34, Lot 8, less beg NW Cor Lot 8 Th
E.2.5 feet, S 46,72 feet, W 3,05 feet, N 47.67 feel to POB Block 2,
& 4 feet alley lyg N & Adj. Closed Pel' R-92-J517; Public Records
of Miami-Dade County, FL. Lot size 55.00 feet x 117 feet; 6318 Sq,
Pt; bearing folio number 09-4025-010-0090; alkJa 6501 SW 60 Ave"
South Miami, Florida.
Deed Description: Lot 8, Block 2, of FRANKLIN SUBDIVISION, according to Ihe Plat Ihereof, as recorded
In Plat Book 5, Page 34, of the Public. Records of Miami-Dade County, Florida; LESS beginning at the
Northwest corner of said Lot 8: thence Easterly, along the North /lne ot said lot 8, (or a distance of 2 .. 50
feel: Ihence Soulherly, along a /lne 2.50 feet East of as measured al right angles 10 and parallel with the
Wesiline of said Lot 8, for a distance of 0:.96 feel to a polnl of curvalure of a-curvo 10 lite left having
a ladlus of 1975 00 teel; Ihence Southerly, along Ihe arc 0/ said curve Ihrough a cenlral angle of l'
21' W', fOI a'dlslance of 46.72 feet 10 a point on Ihe Soulh line 0/ said Lot S: Ihence Weslerly, along
said Soulh lino, for a dlslance of 3.05 feel to the Southwest corner of said Lo18; thonce Northerly.
along Ihe West Une of said Lot B, for a distance of 4 7 67 feet to Ihe Point of Bogionlhg
ParOlI fdeflillicalloll Number. 09·4025·011)·0000
Larkins Townsite PB 2-105, Lot 8, Block 2, Public Records of
Miami-Dade County, FL. Lot size 7150; bearing folio number 09-
4025·028-0200; alkla 5928 SW 66 St., South Miami, Florida.
oeed Descriptlon: Lor a ELK 2 Li\RKHlS TownSITE VB 2-105
Pines Subdivision, PB 13-2, Lot! & W 12 Lot 2 Block 4, Public
Records of MiamicDade County, FL., Vacant Lot Size 3525 (37.5 x
94; bearing folio number 09-4025-009-0240.
Deed Descrlpllon: tot 1, and the West Half (w V2) of lot 2, Block 4, The Pines, a subdivision of the City of
South Miami, Miami-Dade County, FlorIda, according to the plat tilereor, recorded In Plat Book 13, at
Page 2, of the Public Records of Miami-Dade County, Florida. (Minmi-Dade County Property
Identification Number: 09-4025-009-0240)
, ,
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EXHIBITD-l
FLOOR PLAN
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STEveN LURJA, RJ\ 9/2/11
JBRI2IbHH
OPT CON 2-D 1.55B sr UNDER AIR
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FLOOR PLAN
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.-.It 09:AYlWGS }..~p vmm£/I !JAleR/Al APPtARiflC IinlOl1 CO/1SnTVn: CfI!(NI,l.l ANn t)NPl}DlISIl£O WCRK OF me AR~llfCT. lilt'
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STEVEN LURIA, RA 9/2/11
3 BR I 2 BATH
FRONT ELEVATION
SCA!..E:: 1/4~=1·-0"
[]PTION 2-B 1,500 SF UNDER AIR
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE ORIGINAL AND UNPUBUSHED WORK OF THE ARCHITECT. THE
SAME MAY NOT BE OUPUCA TEO, USED. OR DISCLOSED WiTrlOUT WRITTEN CONSENT Of' THE ARCHITECT.
~
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Gil
, ,
EXHlBITD-3
SPECIFICATIONS
EX,ERIO/\· ICF WAllS WIfH EFUS OR SIMILAR STUCCO FINISH, INSULATED CONCRETE
FOHMS PROVIDE R·22 EXTERIOR WALLS WITH MONOLITHIC CONCRETE SHEll CAPA8lE OF
WITHSTANDING 200 MPH WINDS,
EXTERIOR ANO INTERIOR PRIMER AND PAINT IS BENJAMIN MOORE OR EQUIVAI.ENT NO voe PAINT
OR PRIMER FOR INTERIOR
ROOF CONSTfWCTW OF WOOD TRUSSES WITH 110 MPH ARCHITECTURAL SHINGLES
MANUFACTURE'S WARRANTY FOR THE SHINGLES 15 MIN, YEARS, ROOFERS WARRANTY MIN,S YEARS
INSULATION WILL OPEN CHL SPRAY INSULATION ON THE UNDERSIDE OF THE ROOf SHEATHING
INTERIOR WAllS AND CEllING-WILL BE CONSTRUCTED Of SHEET ROCK (MADE IN USA), TAPED AND
PLASTERED WITH JOINT COMPOUNO, SANDED AND PAINTED WITH PRIMER AND TWO COATS OF PAINT,
WINDOWS -TO 6E ECO WINDOW OR EQUIVALENT LOCALLY PRODUCED,
INTERIOR DOORS TO 8E HOLLOW CORE, EXTERIOR DOORS TO BE MIAMI-DADE COUNTY APPROVED
METAL DOORS.
APPLIANCES TO BF. INSTALLED SHALL BE APPROVED ENERGY STAR
FIXnJRES TO BE APPROVED AS SOON AS THE WORKING DRAWINGS ARE FINISHED
TUB AND SHOWER WALLS MUST 8E COVERED WITH DunOCK OR EQUIVALENT FOR THE TIlE AREAS,
GREEN BOARD IN THE BATHROOMS.
FLOORING, CABINETS, COUNTERS TOP SHAll NOT EMIT VOt'S, GREEN BOARD NOT NECESSARY IN
KITICHEN EXCEPT BEHIND SINK. IF POSSIBLE TILE TO BE OF RECYCLED MATERIALS.
ADDITIONAL SPECIFICATIONS ARE AS FOLLOWS:
HVAC TO BE SIZED WITHIN 1/2 TON OF CALCULATED TOTAL LOAD,
CEIUNG FANS TO BE USED IN BEDROOMS AND GREAT ROOM.
SOLAR lIGHTTUBE W; INSUl. REFLECT/VErUBE TO BE INSTALLED IN GREAT ROOM
DECIDUOUS TREES PLANTED ON SOUTH SIDE·
NATIVE SHADE TREES ON EAST AND WEST-
IJ All DUClWORK JOINTS TO BE SEALED WITH MASTIC ,
EXHlBITE
ARTICL!l5 -INSURANCE
5,0 TIIO DEVELOPER shall purchase from and n .. inlnl" in a company or companies lawfully nUlhorl,ed 10 do
business in the Jurisdiction in which the Project is locllted such Insurance as wilJ protecllhe DEVELOPER
from clilims set forlh below which may arise out of or fe-suIt flom the DEVBLOPER1s o'pcmlions under the
Coniraci nod for which Ihe DEVELOPER may belegnlly liable, whclher such op~rallons be by Ihe
DEVELOPER or by a Subconlraclor or by nnyone di,eclly or indirectly employed by ouy of diem, or by
anyone for whose acls any ofthc01 milY be liable:
5,0, I claims under workers' compensation, disabilily benefit and other similar employee benefit nelS
which are applicable 10 Ihe WOlk 10 b. pcrfonncd;
5.0.2 claims for damages bcc;mse of bodily injury I occtlpational sickness Or disease) or death of the
DEVELOPER's employees;
5,0.3 clnhns for dnmages because of bodily Injmy, sickness or disease, or death of any person other than
5,0.4
5,0,5
Ihe DEVELOPER's employees;
claims for damages insured by usun) personitl injury liability coverage;
claims for damages, olher Ih .. 10 lite Work ilself, because of i'Ullry 10 or deslrucllen of tangible
property, including loss of lise r","llillg there from;
5 .0.6 ~lairns for dnmnges becnuse of bodily injury, death of a persoll or property damage arising out of
5,0,7
5,0,8
ownership, maintenance or use ofa motor vehic'e;
claims for bodily Illiury or property dOlnogo .rising oul of completed operallons; ond
dolllls involving conlraelunl liability InSUlfil1Ce applicable 10 Ihe DEVELOPER's obllgalions
cOllcemJng the Project
DflVllLOPER's Liablilly Insurance:
5,1 DEVELOPER sholl provide and maintain i'l force ulIlll oilihe Work 10 be performed under Ihis COlllrncl
hes beell compleled a"d accepled by AGENCY (or for such dllrntion os is olherwlse spe"lfled hereinafter),
tJle insurance coverage set forth below:
5,1,1 Worker's Compcnsotion insurnnce at Ihe slnlutory IIllloUnl os 10 all employe.s in compliance with
the "Wotkcrs~ COIupcnsotioi) Ll1w" of tile Slate of Florida Qnd all applicable federal laws. In
addilion, lite poliey{le,) musllncludc: Employers' Liabilily al Ihe ,lalulolY coverage amount, Tlte
DEVELOPER sholl further Insure Ihol 011 of lis Subconlroclor. 1Il0iniain appropriale lovels of
Worker's Compensalion Insurance.
5,(,2 Comprehensiye: Generol LiabilifY wilJlll1inil1lUIll limits ofT\Vo Million dollars ($2,000,000.00)
per OCCUrrence combined siogle IImil ror Bodily Injury liability and Properly Damnge Liabilily,
Coverage must be afforded on a form no more reslrlctive Ihnn the lotest edition of (he
Comprehensive General liability policy, without restrictive endorsemenls, as filed by Ihe
Insllrance Services Officc for Ihe Siaic of Florida, and Illusl .include:
5, I ,2 (0) Premises and Operollon
5, I ,2 (b) llldependeni Conllaclors
5,1.2 (e) Prodllcls andlor Compleled Opernllotls Haznrd
5, I ,2 (d) Explosloll, Cl}l/npse ond Undergrolllld Haznrd Coverage
5,1,2 (e) Broad 1'01," Property Damage
5,1.2 (I) Broad I'onn Conlroclual Coverage npplicoble 10 Ihis specific Contracl, including
5,1.2 (g)
any hold JmrrnJess and/or indemnification agreement.
PersonaUnjury Coverage "'ilh Employee and Contractual Exclusions relllnved,
\Vilh lIlininwm limits of covernge cqunl 10 Ihose required for Bodily Injury
Liabililyand Properly Damng~ Liablilly,
),1.3 Business Aulomobll. liabilily with minimum IImils ofTwo Million Dollors ($2,000,000,00) plus
an additionol Two Million Dollar (S2,000,000,00) IImbrella per ocCUrrCnce combined single IImil
for Bodily Injury LinbililY aod Property Damage Liabilily, Covemge must be afforded on a form
tiD morc restrictive Ihun the tilt cst ediliQn of the Businoss Automobile Liability policy. wJthout
reslrictivc endorsements, as filed by the Insurance Services Oft1cc for the State of Florida, and
must include:
;,1.3 (n) Owned Vehicle·s.
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5, J.3 (b) l-lired and Non·Owned Vehicles
5,1.3 (c) Employers' NOIl·OwilCrshlp
5.2 Before slarllng Ihe Work, Ihe DllVllLOPIlR sl1ll11 file wilh Ih. AGENCY certificales of suoh Insuranoe,
fieeeplable to IIle AGENCY, which musl conlaln, ",Hong olher tillngs, Ihe name, address and lelepheno
number of the insumnce agent or broker Ihrough whom the policy was obtained, il provision adding the
AGENCY as an addllional nllmed insured; Ih.se cmificales shall con lain a provision llial Ihc coverago
afforded under Ihe policies shall nol be callcelcd or malerlally changed unli! 01 teasllhlrly (30) days prior
wrlUen nolfce has been given by Ihe illsurer 10 Ihe AGBNCY by cerlified mail, The insurer shall bo raled
A.VIl Qr beue!' per A.M. Best's Key Rnl1ng Guide, latesl edit/on and authorized to Issue insurAnce In fhe
Sialo of Florida.
5.3 The DBVEl.OPtlR agr.es Ihal if nny part of Ihe Work u"der Ih. Contraci is sllblel, Ihe ,ubeonlra.1 shall
conlain the same insurance provision as sci forth in section 5.1 and 5.2 above l1nd substituling fhe word
SUBCONTRACTOR for Il,e word DllVP,LOPIlR wllere applieable; however. al Ihe DllVIlLPllR'S
diserel/Oll, Ihe limils of a Subcolllraclor', Insurallce may bo Five Hundred Thousand Dollars (S500,000.00).
5,4 Fire and EXlended Coverage In,urance (Bui/ders' Risk):
Tho DllVELOPBR 'hall malnlain, n, applicable, in an Insuranee Company or Insurance Componies
accoplnble to Ihe AGllNCY, Fire, Extended Coyerage and Vandalism & Mnlicious Mischief Insurance on
buildings and structures, While In the course of construction, including foundatlons , additIons, nUa<;hmcnts
and all pennonenl fixlmes belollging 10 nod cOllslilullng a port of said bnildings or SlmClUres. The policy or
policle, shall al,o cover tnnellinery, if the cOSI of nlochlnery is in eluded inlhc Conlrael, or iflho mllehlnery
localed In a building Ihal is being rcnovnled by reaSon of lills confroel. The nmOlln! of insurance ,"uS! nl nil
times b. nlleosl e'luallo Ihe aclUal cash value oflhe insured propeltY.
Tile polley SilO II be in Ihe name of Ihe AGENCY "lid Ihe DllVELOPER, as th.lr Inleresl may appear, nnd
shaU olso cOVer Ihe inleresls of all SnbConfroclors performing Work.
5.5 The DEVELOPBR sh.1I proyido Ihe AGENCY \Vllh sall,faclory ovldellce .eltifylng thai Iho foregoing
insurance is in force; and such evidence-shall include-provisions naming the AGENCY os till additional
named insured and providing that the fnstlrill1cc shaJl not bo cancoled or mnlerinlly chAnged until at least
Ihirly (30) days prior wrillen nOlice has beell giVen by Ihe insurer 10 Ihe AGENCY by cerllfled IImii.
5.6 CnnceUation and Rc-Insumnce:
If any no lice of cancellnrion of fnsurnnce or cJlnnge in lhc policy, given by Ihe insurance compnny or
should any insurance llilve an eX)liration dale that will occllr d\lring the period of tJlfs Contract, .lha
DllVllLOPER sllall be responsible for securing olher oceeploble insurance prior 10 such cOllcellotion,
clillnge, or cxplralion so us 10 provIde conlinnous coverage os specit1ed in Ihis section and so as to maintain
coverage during Ihe life oflhi' Conlroel.
5,7 All dcduclibles musl be declnred by Ihe DEVELOPER and musl bo npproved by Ih. AGBNCY. AII"e
oplioll of Ihe AGENCY, cilher Ihe DEVELOPER 'hall elilllinolo or reduco such deduclible or Ihe
DllVllLOPER ,hall procure a Bond, ill a form '.Iisfoclory 10 Ihe AGENCY covering the same.
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Planning & 7.oJ2ing D-epartmBnt
City HaU) 6130 SMset DriyB', 80uth Nlia.nu, Florida 33143
Telephone: (305) 663-6326; Fax: (305) 668-7356
Representative: (/ Organization:
i ;\1/i;'
IAddress: Phone:
/,teeJL L..i//·-"'I.;~ ;;'~t?'7 PO)...-3Ff [) ~I ~~~~~~~~~~~~~~~~~~~============~ lAS THE APPLICANT, PLEASE INDICATE YOUR RELATiONSHIP i 0 THIS PROjECT:
X'Owner Owner's Representative Contract to purchese Option to purchase Tenant/lessee
I lAP PLICATION IS HEREBY MADE FOR THE FOLLO'liVING: /' !SUBMiTTED !VIA I ERIALS
IPLEASE CHECK THE APPROPRIATE ITEM: V /PLEASE CHECK ALL THAT APPLY:
1
_ Text Amendment to LOC ,-,,-Variance /1 .1. Letter of intent
_ Zoning Map Amendment _Special Use ~ Justifications for change
_ PUD Approval _Special Exception I \, Statement of hardship
I
/
_ PUD Major Change _Other (Waiver of Plat) Proof of ownership or ietter from owner
Power of aitorney . " r. ;~';;;;;;::~~~';;7=::2:z::;~:r:~, i, i/ ~ ~;=~~~;t't
·;~:;,:,~';:;:~:~{;Z·(r:':';{ :~;;;;i;;;Z~:'~~'~)i;?;:;~~~l;d I : ,;~::~~:~~:~~~s:~:~~:::a~~MI!
I ;:~:~;:~_' _'.11_" 1;~~:7cti!)_' _'/_"W ;a;e/:"_O<:,_j;:_:'!_"~::~~:;~atr'____ n ices sent .. ' ) III.
; Mailing labels ~
I ~u~~
The undersigned has read this completed app1ication and represents that the information and all submitted materials are true and
correct to the best of the applicant's knowledge and belief. .
0!11L2! " . / -f"" { ~ /' ,_-" .",.:' 'r-~ !.')i'i'-;'<~· ,r ,'-: (.7 "I ~iCE1f!; Sig1Janrr e ~nd title. . . ,~1r~~~ " '-'~~' . . .: ~~t:0' !,
Upo~, .r~celp.t, app'lIcatIOns aJ?-d ~ll submItted l11:atenalS ~l be revlewe.d TOf. co~~pllance mtb the L~d Development Code and other
appI1caole regulatIOns. Applications found not ill compliance w1ll be rejected ana returned to the applIcant.
I OFFICE USE ONLY:
I Date Fl-led I Petition Re-q-u..,'i-re-dc----
I Method of Payment
Date of PB Hearing ______ Date of Commisslon _____ _
Petiti.on Accspted ______ _
4/16/09X:\Eonns'IPB .A.pplic3tion for Public Hearing (Revised 2009).dcc
CITYCWSOUTIIl\1IAl\1~
PLANNING BOARD
Regul~r Me~ti~g~i~lltes,Jj)(cerpt
i ,T~esd~)'?l anu(i~31,2ql~
,,',' C:ityC:0mmi~siQ1).C:halIllJyr~
,7:30,PiM", ,
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 annualfee 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 constitutiug a quorum:
Dr. Whitman (Chairman), Mr. Cruz (Vice-Chairman), Mrs. Yanoshik, Mrs. Beckman, Mr.
Dundorf, Dr. Philips, and Mr. Vitalini
Board Member absent: None
City staff present: Mr. Christopher Brimo (Planning Director), Ms. Tiffany Hood (Office
Support).
City staff absent: Ms. Lourdes Cabrera (Principal Planner), Mr. Marcus Lightfoot (Permit
Facilitator),
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
The next Planning Board Meeting will be held on February 28, 2012.
IV. Public Hearings
PB-12-003
Applicant: Miami-Dade Affordable Housing Foundation
Location: 5928 SW 66th Street
The applicant is requesting a variance from Section 20-3.5 of the City's Land Development
Code; requesting a variance of ten (10) feet from the required sixty (60) foot lot frontage, to
construct LEED Certified affordable housing on a nonconforming lot of record in an RS-4
zoning district. 5928 SW 66th Street.
Mr. Vitalini read the item into the record.
Z:IPBIPB Minutesl2012 MinuteslJanuaryIPB-12-003 Draft Meeting Minutes Excerpt -OI-31-12.doc Page 100
Mr. Brimo presented the item to the Board.
The Chairman opened the public hearing.
NAME
Christopher Rambo
ADDRESS
5918 SW 66 Street
SUPPORT/OPPOSE
Support
Mr. Rambo stated that the subject property is adjacent to his parents' house, and stated'that his
family's perception of this item is that the house will be ten (l0) feet closer to the street. He also
stated that because the subject lot is smaller, the house on the property will be a small as well,
which would not be in character with the neighborhood. He also asked for a better understanding
of the proposed variance.
Mr. Cruz asked if the applicant receives the same package that the board members get. Mr.
Brimo stated that properties in the area only receive a public notice in the maiL
Mr. Brimo explained the reason for the variance. He stated that the minimum frontage for the
RS-4 zoning district is sixty (60) feet. When the property was platted in 1918, it was only platted
with a frontage of fifty (50) feet. Therefore, in order for someone to building on the property, a
variance of ten (l0) feet would be necessary for someone to building on the property. Mr. Brimo
then stated that even though the applicant is asking for a frontage variance, the property still
must comply with the setback impervious coverage and building coverage requirements for the
RS-4 zoning district.
Mr. Dundorf asked if the property was previously owned by Mr. Rambo, of which he stated no.
Mr. Dundorfthen asked if the property has always been vacant, of which Mr. Rambo stated that
a "shotgun house" use to reside on the property. However, due to neglect, it was eventually
demolished.
The Chairman closed the public hearing.
Motion Mr. Cruz motioned to approve. This motion was seconded by Dr. Whitman
Mr. Dundorf stated that he voted forPB-12-001 and PB-12-002 because he felt that the smaller
home that was proposed was in accordance with the character of the neighborhood. He then
stated that in the case of PB-12-003, it appears that the applicant is trying to fit another home on
the property that would be smaller than what is normally seen in the neighborhood. He then
stated that placing a house on that piece of property would give the appearance of crowding the
neighborhood. Mr. Dundorf then asked Mr. Brimo if there was a way for someone to build a
home on the property that was more in character with the neighborhood. Mr. Brimo stated that
the only option available would be for someone to purchase the adjacent property so that they
could be combined.
Mr. Dundorf asked Ms. Manning if the Miami-Dade Affordable Housing Foundation obtained
this lot from the CRA in the same way they did for the other properties. Ms. Manning stated that
the property appears to be narrower due to the overgrown vegetation. She then stated that once
the lot has been cleared, they will attempt to save a majority of the vegetation and place the
house in the back, due to the fact that it is a deep property. She then stated that nothing will be
pushed onto the neighbors' house.
Z:IPBIPB Minutes\20 12 MinutesIJanuaryIPB-12-003 Draft Meeting Minutes Excerpt -OI-31-12.doc Page 2 of3
Vote:'Yes 7, No 0
Mrs, Beckman: Yes
Mr. Cruz; Yes
Dr. Whitman: Yes
Mr. Dundorf: Yes
Mr. Vitalini: Yes
Mrs. Y anoshik: Yes
Dr. Philips: Yes
V. Approval of Minutes:
Planniug Board Miuutes of November 08, 2011 -The Board members reviewed the minutes
and were in favor of approval of the minutes with no changes.
Motiou: Mr. Cruz motioned for approval of the minutes as presented. Mrs. Beckman seconded
the motion.
Vote: Yes 6, No 0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Absent for vote
Mr. Vitalini: Yes
Mrs. Y anoshik: Yes
Dr. Philips: Yes
VI. Future Meeting Dates: Tuesday, February 28, 2012
VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 9:54 PM.
Z:IPBIPB Minutesl2012 MinutesIJanuaryIPB-12-003 Draft Meeting Minutes Excerpt -01-31-12,doc Page 3 of3
MIAMI DAILY BUSINESS REVIEW
Pub:<shed Daily ",""pI SaMday, Sunday and
Vl!flliKriO'lays
Mi.ml,lmm,·DMa County, ~k><ida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Sefore the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
RaYle''''' fik/a Miami Review, a daily (except Saturday, Sunday
ami Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that Ihe attached copy of advertisement,
being a Legal AdVertisement of NoUce In Ihe matter of
CITY OF SOUTH MIAMI
?UBLlC HEARING -FEBRUARY 21, 2012
in the XXXX Court.
was published in said newspaper in Ihe issues of
02/10/2012
Affiantlurther says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Oade
County, Florida and thallhe said newspaper has
heretofore been continuously published in said Miami-Oade County.
Fforida. each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second Class mail matter at the post
office in Miami in said Miami·Oade County, Florida, for a
period of one year next preceding the filSt publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corpotatiO!1
any discount, rebate~ion or refund for the purpose
of secun'nQ t~rUsemenl fO\\publication in the said
new~
~'i to a,,(J SO~d belore me this
FEBRUARY ,A,O, 20t2
~~2a': /'
{SEAL)
MARIA MESA personally known to me
\
<>,>.'""~' NoIaryPullllcSt31edAcfida -I
>' \, 't-Cmuy! H. Marmel
1 ;~~ MyCOmmissiooOON34S0 I . "~~,,/' ~~?~~. ___ ~J
frontage wl1!!re 60ieelis required,' ririprcperty IOCated,at (1477
SW 60th Avenue, $<mth Miami, FlOrida, wllh.,the,RS-4-ZOI'ling
dislrict: to permit the eonSIlilcUOil of -~{ne"nlna-story, LE~O-.
(sUva!) affordabla single! family -reSidence' ,within ,ille' c\!ys '
~:.n-ur:ity ~edavelopmant Area~ a~d ~(ovl~.1I)l.:an a~ecfi~_"
(
. -A ~B~i~\i6ii relidin~';i:?';equesnJ:~_~~~~,f¥m:~~~~n; 'ID': ,';
2()'3.5(E) on~e ta,nd Oevl!lopI"f1ent Gade,:to._hllow.SOJ!!llt_of-,_, "
frontage where 60 feefis required, on' propei!i loCite.d at 592~ ~ .:
... .'SW 66. til s.tree. " .. '.'" .. '".M ..•. m .. ',.F10d .. d.' .. ,.:Wi .. ·.thiO .. ' .. !h'e.·.'.R.S4 'Z.,".iI19. __ ~; ',' dislrlct; 10 permR the constiuc1lon·'of-·i.\··Mw-oM:-stiiiytU,EO . ,
(Silver)-,atforoilbll!, Single family !esldence'Wi!hin 1he" Cii!.s .. :
:Community'Rll1ieW~Pn:ent-lirea;"'" ':-. -:-~':'""; -:~,<:":::·-:.<-.i-~:_:
12;s:i5&1~.520M
FEBRUARY 2012 SE
NEIGHBORS CAL
• CALENDAR, FROM 12SE' Second Ave" Little Haiti
305-762"3883. www.seasons.org.
3.m: Feb. 15; 10 a.m. Feb. 16; 10 a.m. CLUBS
Feb. 17: Seasons Hosplc€.& Palliative
Care of South Florida, 5200 NE Bingo for Charity at Eiks Lodge
.CiTY OF SOUTH MIAMi
cOInln:sv NOTICE
. I
#1835: Play bingo to peneflt Aria!
Children's Hospital near nQrthern
Florida arid vetera"ns' organizatiot
particularly homesless veterans.
7 pm Feb. 15. Elks lodge 1835.
12495 NE Second Ave" North Mial
NOTICE IS HEREBY given that the City Commission 01 the City of. South Miami, Flori(
will conduct Public Hearings at its regular City Commission meeting scheduled II
Tuesday. February 21. 2012. beginning at 7:30 p.m., in the City Commission Chamber
6130 Sunset Drive, to consider the following items: ,.
AResolution authorizing the City Managerto execute a multi-year contract with .Public Safety .
Corporation (PSG) for the non-exclusive license to 9se CryWolf a software application designed
to assist in false alarms with no capital investment required.
A Resolijlion authorizi~g the City Manager to enter into an agreement with Paychex, Inc to
provide payroll services integrated softwa~e solution.
A Resolution authorizing the City Manager to execute a 3-year maintenance agreement with
Aifi Electronics, Inc. for the total amount ncit to exceed $14,400.00 to be charged to the Police
Department's Contractual Servic?s Account, #001-191 0-521-3450.
A Resolution authorizing 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 Hcensure 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 Coae; 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 Redeveiopment Area. .
A Resolution relating fo a requestfor a variance fro~ Section 20-3.5(E) olthe 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 offrontage 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) afforaable single family
residence within the City's community Redevelopment Area, and providing an effective date ..
(
A Resolution .relating to a request for a variance from Section 20-3.5(E) of the Land)
Development Code, to allow 50 feet Of. frontage.where 60 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 authdrizhig 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 j:;ity 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.Q1 05, the City hereby advises the public that if a 'person decides to appeal any decision mal
by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or She wi!! ne(
a record of fhe proceedings" and that for such pl.!rpose, afl?cted ,Person may need to ensure that a verbatim record of t!
proGe~dings is made Wllich record includes the testimony and evidence upon wllich the appeal is to be based. Ib.,.,.,;"'_ __ ~_