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9South Miami httd CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM fijif' To: The Honorable Mayor and Members of the City ommlSSlOn Via: Hector Mirabile, Ph.D., City Manage~ From: Christopher Brimo, AICP er' / Planning Director / Date: April 3, 2012 ITEMNO'~ SUBJECT: A resolution related to the request for requesting a variance from Section 20-3.5 of the City's Land Development Code; requesting a variance of six (6) feet from the required sixty (60) foot lot frontage, to construct LEED Certified affordable housing on a nonconforming lot of record in an RS-4 zoning district. 6501 SW 60th Avenue, within the City's Community Redevelopment Area. SUMMARY OF REQUEST The applicant, Miami-Dade Affordable Housing Foundation is requesting approval of a variance for lot size and lot frontage in order to construct a new affordable single-family residence on a vacant lot located at 6501 SW 60th Street. BACKGROUND The subject parcel is a legal non-conforming lot of record that was owned by the City of South Miami Community Redevelopment Area that was platted prior to the establishment of the current dimensional requirements for the RS-4 zoning district. On November 2011, the Community Redevelopment Agency donated and conveyed the title of the referenced property to the Miami-Dade Affordable Housing Foundation (Developer) to construct a new LEED Silver certified, affordable single family residence. The City's Land Development Code requires any new construction to meet the zoning standards for the particular district where it is located; in this instance, within the RS-4" Small Lot Single- Family Residential District. The applicant in a hardship letter claims that the substandard size of the property prohibits the use of the property. On March 13,2012 the applicant went before the Planning Board (PB-12-007), and after a public hearing and public comment, the Board made a motion to approve the request by a vote of 6 ayes, 0 nays. APPLICABLE REGULATIONS (See ATTACHMENTS) • Land Development Code Section 20-3.5(E) Dimensional Requirements 2001 STAFF OBSERVATIONS (a) The applicant is proposing to build a new 3 bedroom, 2 bath, 1,570 square foot single family residence on the referenced site. The proposed development meets the other requirements of the development code and will require an appearance before the Environmental Review and Preservation Board following review and recommendation by the Planning Board and review and approval by the City Commission. (b) The subject site is surrounded by the following properties and zoning districts: RS-4 residential and NR zoning to the north; RS-4 Residential to the south, east and west. (c) In June 2008 the City Commission amended the Land Development Code to add specific criteria for judging variance requests. LDC Section 20-5.9 (H) now requires that all variance decisions shall be based on an affirmative finding as to each of the following criterion: 1. The variance is necessary to relieve particular extraordinary conditions relating to a specific property; The requested lot frontage variance is necessary to use the property. 2. Denial ofthe variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory or unduly oppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions; A denial of the variance would be an oppressive hardship on the owner by preventing the property from being used or built upon. 3. The extraordinary conditions and circumstances do not result from the actions of the applicant; The property was a non-conforming platted lot of record prior to being transferred to the current owner. 4. The requested variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure; The granting of the requested variance is the smallest possible and the only ones necessary to 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 for the City to receive property tax and other revenues. In addition the proposed use is the type of use consistent with the RS-4 zoning district and will be compatible with the abutting and surrounding properties. These objectives are consistent with the stated objectives of the adopted comprehensive plan, community redevelopment plan and land development code. The variance requested will have no impact on surrounding properties. RECOMMENDATION It is recommended that the Commission approve the request of the lot frontage variance, with the conditions that the structure is constructed in accordance with the agreement between the South Miami Community Redevelopment Agency and the Developer. Section 20-3.5(E) DIMENSIONAL REQUIREMENTS SINGLE-FAMILY RESIDENTIAL DISTRICTS -ONE-STORY Min. Lot Size Net Area (sq. ft.) Frontage (ft.) Min. Yard Setbacks (ft.) Front Rear Side (Interior)a Side (Street) Max. Building Height Feet Max. Building Coverage (%) Max. Impervious Coverage (%) Attachments: Application Location Map Letter of Hardship/Intent LDC Section 20-3 .5(E) Warranty Deed Agreement between the Developer and the SMCRA Copy of Public Notices Survey Site Plan Specifications RS-4 6,000 60 25 25 7.5 b 15 25 First floor 30 45 1 RESOLUTION NO. ________ _ 2 3 A Resolution related to the request for requesting a variance from Section 4 20-3.5 of the City's Land Development Code; requesting a variance of six (6) 5 feet from the required sixty (60) foot lot frontage, to construct LEED 6 Certified affordable housing on a nonconforming lot of record in an RS-4 7 zoning district. 6501 SW 60th Avenue, within the City's Community 8 Redevelopment Area. 9 10 11 WHEREAS, the Community Redevelopment Agency donated and conveyed the title of the 12 property to the Miami-Dade Affordable Housing Foundation to construct a new LEED Silver certified, 13 affordable single family residence; and 14 15 WHEREAS, the property is a non-conforming lot of record requiring a variance in order 16 to construct the new single family residence; and 17 18 WHEREAS, application No. PB-12-007 was submitted to the Planning Board by 19 applicant Miami-Dade Affordable Housing Foundation; said application requesting approval ofa 20 variance from Section 20-3.5(E) to permit the construction of a new one-story, LEED (silver) 21 affordable single family residence within the City's Community Redevelopment Area to allow 54 22 feet of frontage where 60 feet is required, on property located at 6501 SW 60th Avenue, South 23 Miami, Florida, within the RS-4 zoning district; 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 March 13, 2012 meeting the Planning Board, after public hearing, 29 voted 6 ayes; 0 nays to recommend approval of the variances 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. That the subject application submitted by applicant Miami-Dade Affordable 41 Housing Foundation, requesting approval of the variances 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 to allow 54 feet of frontage where 60 feet is required, on property located within an "RS-4" 44 Single Residential Zoning use district, specifically located at 6501 SW 60th Avenue is hereby 45 46 1 Section 3. If the variances are approved, then the approval of the requested variances 2 shall include Exhibit A, Site Plan by Architect Steven Luria AlA, dated 12-10-2011, for 3 proposed residence at 6501 SW 60th Avenue is incorporated herein. 4 5 Section 4. This resolution shall be effective immediately upon being approved. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PASSED AND ADOPTED this __ , day of ___ , 2012. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING 4/3/2012 in the XXXX Court, was published in said newspaper in the issues of 03/23/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement fo publication in the said newspaper. Sworn to and subscribed before me this 23 day of MARCH ,A.D. 2012 (SEAL) V. PEREZ personally known to me Notary Public State of Florida Cheryl H. Marmer My Commission 00793490 Expires 07/1812012 THE MIAMI HERALD I MiamiHerald.com MOTORS US-1 & South 160-180 Street in Miami southmotors.com Cash Back On Trane Air Conditioners. Buv a Trane Comfort System today. And receive an Instant Rebate UP to $1,250 A Trane Comfort System with an efficiency rating of 20.00 SEER can save you up to 67% off your power bill, while removing up to 20 gallons of moisture a day from home -leaving you cool and comfortable. And, if you can act before May 31, 2012, you will get an instant Rebate up to $1,250.00. Pius up to $1,495 in FPL rebates! COCONUT GROVE THE CHERRY GROUP THE COCONUT GROVE REALTORS SYLVIA CHERRY, PA GARY HECHT, PA 305.992.2211 VISIT CHERRY MIAMIHOMES.COM CITY OF SOUTH MIAMI COURTESY NOTICE SE SUNDAY, MARCH 25, 2012 I 21SE NOTICE 15 HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday. April 3. 2012. beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution relating to a request pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code for Special Use Approval to locate a general restaurant at 6208 5. Dixie Highway within the General Retail "GR" zoning district. A Resolution relating to a request for two variances from Section 20-3.5(E) of the Land Development Code, to allow the lot size to be 5,875 square feet, where a minimum lot size of 6,000 square feet is required; and to allow 50 feet of frontage where 60 feet is required, on property located at 6457 SW 60th Avenue, within the RS-4 zoning district; to permit the construction of a new one-story, LEED certified affordable single family residence within the City's Community Redevelopment Area. ( A Resolution relating to a request for a variance from Section 20-3.5(E) of thv Land Development Code, to allow 54 feet of frontage where 60 feet is required, on property located at 6501 SW 60th Avenue, within the RS-4 zoning district; to permit the construction of a new one-story, LEED certified affordable single family residence within the City's Community Redevelopment Area, A Resolution authorizing the City Manager to extend the audit contract, relating to financial audit services, with the audit firm of Keefe, McCullough & CO. LLP., for one additional year, for a total of three consecutive years. An Ordinance amending the Land Development Code, Section 20-6.1 (C)(1)(a) and (3)(b) concerning membership and powers and duties of the Environmental Review and Preservation Board. An Ordinance amending South Miami Code of Ordinances, Chapter 2, Article I, Sec, 2-2.1 (K)(1) prohibiting the sending and receiving of electronic communication by a Commission member while the member is sitting on the dais during a Commission meeting. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the Clty hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing. he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. DOUR'DARY &1JRVBT LOT-7 I . r-H ... 11,·.·.''',. BLOCK-l , .... I ._-.--.-~ _ 'H '" " .. ,,'"' LOT-20 BLOCK-3 o ill11 iiIlOO' 0.3' ::> A' .'.>' ,..". 15~ t~1 #.···.:.·1 .... <;··· "":: ~12 ~' .. ~.~ II",:~ '.:' N~ .. S q) Ii ~·S.W. N 4- Graphic Scale 2d li "d zd .. _ ... I'~ ---)'=.0 IT'~' 4' CHAIN lINK fDjC[ 66 t h t~ ~.,. .,. LOT-8 BLOCK-2 VACANT LOT LOT-21 BLOCK-4- LAND AREA= ±6,COO sq. ft. ±O.I4-acres MAN~1UII' '-10'. W IIANG<Y'.....~ •• lIA1 '-10' ~~ ST. 120.00'(R.tII LOT-9 BLOCK-2 B~"" CERTIFIED'TO: LOT-22 BLOCK-4- -MIAMI-DADE AFFORDABLE HOUSING FOUNDATION, INC. -FIRST AMERICAN TITLE INSURANCE COMPANY -RENNERT VOGEL MANDLER & RODRIGUEZ P A. ~ (NOT TO SCALE) LEGAL DESCRIPTION: Lot 8, Block 2, of FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, at Page 34, of the Public Records of Miami Dade County, Florida; Less beginning at the Northwest comer of said Lot 8; thence Easterly, along the North line of said Lot 8, for a distance of 2.50 feet; thence Southerly, along a line 2,50 feet East of as measured at right angles to and parallel with the West line of said Lot 8, for a distance of 0.96 feet to a point of curvature of a curve to the left having a radius of 1975,00 feet, thence Southerly, along the arc of said curve through a central angle of 1 21' 19", for a distance of 46.72 feet to a point on the South line of said Lot 8; thence WesterlY,along said South line, for a distance of 3.05 feet to the Southwest corner of said Lot 8; thence Northerly, along the West line of said Lot 8, for a distance of 47,67 feet to the Point of Beginning, Parcel Identification Number: 09-4025-010-0090 ~~~~~~~ ~~~~::~~ ~~~~35i ~0~*;® ~ ~ ~ ~ :;~~~~~ w :;im5:c~~ ~ :=~~v$~gwa: ~~5~~g~~ a I ~ 1@12l @ (j) Z o i= <l: > w no ro ro <l: ~ <i ~ ~ ~ ~ ~ ~ ~ >-" g;~ *~ ~w O:::::i~;;s :;j:rJ. m~ ~~~ g~~ ?5 ~ ~~ ~ ~ ~.g ~ ~~~ ~~~~~~.~ W -' ~ ~~~ 0 £!<a::I: S ~ i~ ~ H ~ ~ " ~~~ g§: ~ J ~~ ~~~ c g o5~ ~ ~~ 5s:n d u ~<~~~ 5 d~8 FLOOOZOHE :WITHII,rtdNe:-x ORDER NO.: M~100S5 FIELD BOOK: "FILE" PROPERTY ADRESS: ELEV.: N/A COMMUNITY: 120658 PANEL No.: 0458 DATE: FEB. 20, 2012 UPDATE: SUFFIX: L DATE: 09111/09 I HEREBY CERTIFY: THAT THIS DRAWING REPRESENTS THERESu.. T OF A SURVEY OF THE WITHIN OESCRIBED PROPERTY AND THIS DRAWING AND SIAD SURVEY WERE PREPARED BY ME OR UNDER MY DIRECTION. THERE ARE NO ENCROACHMENTS UNLESS SHOWN THEREON. INOTES: I: ~~~~I~~ :E~NE°!a~~~c; : ~~~II:f ~::~~. MADE TO DETERMINE RECOROED INSTRUMENTS. IF ANY, AFFECTING THE PROPERTY THIS SURVEY IS SUBJECT TO DEDICATIONS, LIMITATIONS, RESTRICTIONS, RESERVATIONS OR EASEMENTS OF RECORDS. • LEGAL DESCRIPTIONS PROVIDED BY CLIENT OR AnESTING TITLE COMPANY. • UNLESS OTHERWISE NOTED, THIS FIRM HAS NOT AN ATTEHPEO TO LOCATED FOOTINGS ANDIOR FOUNDATIONS I-NOT VISIBLE ENCROACHMENTS WERE FOUND ON THE PROPERTY, UNLESS SHOWN. • IF SHOWN ELEVATIONS ARE REFERReD TO N.G.V.D. 1929 BENCH MARK USED No. P-4000, LOCATOR 4004W, WITH ELEVATION: 8.52' 6601 S.W. 60 AVENUE SOUTH MIAMI, FL. 33143 FOR: MiAMI-DADE AFFORDABLE HOUSING FOUNDATION, INC. , . . ATLANTIC SERVICES OF FLORIDA 8341 SuNsET .DRiVE. MIAMI FL 33143 TEL: (305) 596-0888 FAA: (305) 596-0919 L.B. 2077 CITY OF SQUTHMIAMI PLANNINGBQARD Regular Meeting Minutes Tuesday, March 13, 2012 City Comrnissi9nChambers 7:30P.M. City of South Miami Ordinance No. 08-06-1876 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual[ee of $500 per Ordinance No. 44-08-1979. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:38PM Pledge of Allegiance was recited in unison II. Roll Call Action: Dr. Whitman requested a roll call. Board Members present constituting a quorum: Dr. Whitman (Chairman), Mrs. Yanoshik, Mrs. Beckman, Mr. Dundorf, Dr. Philips, and Mr. Vitalini Board Member absent: Mr. Cruz (Vice-Chairman) City staff present: Mr. Christopher Brimo (Planning Director), Mr. Marcus Lightfoot (Permit Facilitator), Ms. Tiffany Hood (Office Support). City staff absent: Ms. Lourdes Cabrera (Principal Planner), City Attorney: Mr. Thomas Pepe. III. Administrative Matters IV. Public Hearings 2. PB-12-007 Applicant: Miami-Dade Affordable Housing Foundation Location: 6501 SW 60th Avenue The applicant is requesting a variance from Section 20-3.5 of the City's Land Development Code; requesting a variance of six (6) feet from the required sixty (60) foot lot frontage, to construct LEED Certified affordable housing on a nonconforming lot of record in an RS-4 zoning district. 6501 SW 60th Avenue. Z:\Comm Items\20 12\4-3-12\PB-12-007 _ 6501 SW 60th Ave\PB Meeting Minutes-03-13-12 Excerpt PB 12-007.doPage 1 of 2 Applicant: City of South Miami Mr. Brimo read the item into the record. The Chairman opened the Public Hearing. There were no public comments. The Chairman Closed the Public Hearing. Motion: Mr. Cruz motioned to recommend approval of this item as presented. This motion was seconded by Mrs. Beckman. Vote: Approved: 6 Opposed: 0 Mrs. Beckman: Yes Mr. Cruz: Yes Mr. Whitman: Yes Mr. Dundorf: Yes Mr. Vitalini: Yes Dr. Philips: Yes V. Approval of Minutes: Planning Board Minutes of February 28, 2012 -The Board members deferred the minutes for further review. Motion: Although there was no motion, the Board voted to defer the minutes. Vote: Approved: 6 Opposed: 0 Mrs. Beckman: Yes Mr. Cruz: Yes Mr. Whitman: Yes Mr. Dundorf: Yes Mr. Vitalini: Yes Dr. Philips: Yes VI. Future Meeting Dates: Tuesday, April 10, 2012 VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 8:38 PM. Z:\Comm ltems\20 12\4-3-12\PB-12-007 _6501 SW 60th Ave\PB Meeting Minutes-03-13-12 Excerpt PB 12-007.doPage 2 of 2 South Miami 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Planning Board Members From: Christopher Brimo, AICP ord! I Planning Director IJ Y PB-12-007 Applicant: Miami-Dade Affordable Housing Foundation Location: 6501 SW 60 th Avenue Date: March 13, 2012 Re: Variance Request 6501 SW 60th Avenue- RS-4 Zoning District The applicant is requesting a variance from Section 20-3.5 of the City's Land Development Code; requesting a variance of six (6) feet from the required sixty (60) foot lot frontage, to construct LEED Certified affordable housing on a nonconforming lot of record in an RS-4 zoning district. 6501 SW 60th Avenue . . SUMMARY OF RltQUEST The applicant, Miami-Dade Affordable Housing Foundation is requesting approval of a variance for lot size and lot frontage in order to construct a new affordable single-family residence on a vacant lot located at 6501 SW 60th Street. BACKGROUND The subject parcel is a legal non-conforming lot of record that was owned by the City of South Miami Community Redevelopment Area that was platted prior to the establishment of the current dimensional requirements for the RS-4 zoning district. On November 2011, the Community Redevelopment Agency donated and conveyed the title of the referenced property to the Miami- Dade Affordable Housing Foundation (Developer) to construct a new LEED Silver certified, affordable single family residence. The City's Land Development Code requires any new construction to meet the zoning standards for the particular district where it is located; in this instance, within the RS-4" Small Lot Single-Family Residential District. The applicant in a hardship letter claims that the substandard size of the property prohibits the use of the property. APPLICABLE REGULATIONS (See ATTACHMENTS) • Land Development Code Section 20-3.5(E) Dimensional Requirements STAFF OBSERVATIONS (a) The applicant is proposing to build a new 3 bedroom, 2 bath, 1,570 square foot single family residence on the referenced site. The proposed development meets the other requirements of the development code and will require an appearance before the Environmental Review and Preservation Board following review and recommendation by the Planning Board and review and approval by the City Commission. (b) The subject site is surrounded by the following properties and zoning districts: RS-4 residential and NR zoning to the nOl1h; RS-4 Residential to the south, east and west. (c) Tn June 2008 the City Commission amended the Land Development Code to add specific criteria for judging variance requests. LDC Section 20-5.9 (H) now requires that all variance decisions shall be based on an affirmative finding as to each of the following criterion: 1. ThevariaIH':e_m!§_neCessMy to i'el~e pal'ticularextr{tordinary conditions tylating toa specific property; The requested lot frontage variance is necessary to use the property. 2. Denial of thevai'ianC(f would result,. in hardship to the owner. HardshipresuIts jf the r~strlctibnofthe zonillg ordinance, wheil applied t() a particulilrpropert~ becomes arbitrary, cQ,I]fiscatoryor unduly opwessive becauseof conditions ofthe'p,ropertythat distingtlishit u'oniotherpl'opeiiies undersiil1i1ar zOl1ingt:~sttictiol1s; .. ' . . . . 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 resultfronl the actions of the aRplicant; The property was a non-conforming platted lot 0/ record prior to being transferred to tlte current owner. 4.:1'110 requcsted:variqllee is the min imUl]l variance necessi'uy to 11111kc pClssible thereasol1ahl.e use oHhe land, building or structure; The granting of the requested variance is the smallest possible and the only ones necessary to allow for tlte reasonable use of tit e property. 5. That the a12p,roval of tlie variance vdIl be consistent with the general intent andp,urpose of 1)lC Land Developnlcnt Code,and will 110t Q.Y injurious to th.Y 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 aI/ow a vacant property to be used and for the City to receive property tax and other revenues. In addition the proposed use is the type of use consistent witlt tlte RS-4 zoning district and will be compatible with the abutting and surrounding properties. These objectives {lre 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 surroullding properties. RECOMMENDATION It is recommended that the Board recommend approval of the lot frontage variance, with the conditions that the structure is constructed in accordance with the agreement between the South Miami Community Redevelopment Agency and the Devcloper. Section_20-3.5(E) DIMENSIONAL REQUIREMEN,TS SINGLE-FAMILY RESIDENTIAL DISTRICTS -ONE-STORY _~~~._~uNN''''''~''''''''' -~ Min. Lot Size v._, .Net Area (sq. ft.) Frontage (ft.) Min. Yard Setbacks (ft.) ",~''''NNNN Front Rear Side (Interior)a Side (Street) ~,~- Max. Building Height <- Feet Max. Building Coverage (%) Max. Impervious Coverage (%) Attachments: Application Location Map Letter of Hardship/Intent LDC Section 20-3 .5(E) Warranty Deed - ~~" Agreement between the Developer and the SMCRA Copy of Public Notices Survey Site Plan Specificatiolls RS-4 6,000 --60 25 25 ~.-- 7.5 b 15 ~"- 25 -- First floor 30 45 Z:\I'B\PB Agendas Staff Reports\2012 Agcnua Staff Rcporls\3-13-12\PB-12-007_6501 SW 60th Ave\PB-12-007 - Variancc~6501 SW 60 AVE.doc City of South Miami Planning & Zoning DepartInent City Hall, 6130 Sunset Drive, $outhMillmi; Florida 33143 Telephone: (305) 663-6326; Fax: (305) 668-7356 Application For Public Hearing Before Planning Board & City Commission Address of Subject property:'StJ I S N. ~ Subdivision t Address: Phone: Property Owner: MlJAlIpl Signature: Mailing Address: I _Owner's Representative _Contract to purchase APPLICATION IS HEREBY MADE FOR THE FOLLOWING: PLEASE CHECK THE APPROPRIATE ITEM: Text Amendment to LOC _ Zoning Map Amendment _ PUO Approval _ PUO Major Change ~ariance .. ~.~ _Special Use _Special Exception _Other 0Naiver of Plat) Briefly explain application and cite specific Code sections: Section:__ Subsection:__ Page #: __ Amended Oate: __ _ o _Tenant/Lessee SUBMITTED MATERIALS PLEASE CHECK ALL THAT APPLY: L Letter of intent L Justifications for change !..... Statement of hardship ~ Proof of ownership or letter from owner _ Power of attorney _ Contract to purchase L Current survey (1 original sealed and signed/1 reduced copy @ 11" x 17") 1:-. 15 copies of Site Plan and Floor Plans 1 reduced copy @ 11" x 17" f.Affidavit-Receipts attesting to mail notices sent "" Mailing labels (3 sets) and map _ Required Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true and correct to th: best of the applicant's Knowledge and belief. ! '/)/Yt't-4t /blJ; Dut"~ -fjrt.1IIL f'. MtUt~!~ 2.. 2-2.1 Applicant's S gTIature and title t Print Name 'J Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regufations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed, ____ _ Date of PB Hearing _____ Date of Commission ____ _ Petition Required, __ _ Petition Accepted, _____ _ Method of pa mElnt 4/16/09X:\Fonns\PB Application for Public Hearing (Revised 2009).doc City of South Miami -Location Map PB-12-007 -Variance 6501 SW 60th Avenue N Property Information Map My Home Miami-Dade County, Florida Property Information Map Aerial Photography -2009 o _112ft This map was created on 317120124:16:55 PM for reference purposes only. Web Site © 2002 Miami-Dade County. All rights reserved. year: Land Value: I1tilldlnQ Value: Market Value: !AssesS.tid Vahje: Page 1 of 1 MMUfIllTY 25 ,318 SOFT 91;)0 RJ\I'l!<LlN SUB PBjt;;-34 OT 8 LE:SS BEG NW .. 9RLOT 8 TH E2.50FT .. TW3.05FT .67 FT TO POB BLK &4FT ALLEY LYG N & OJ CLOSED PER R;~Z 517 LOT SIZE 54.000 X 17 . 2011 2010 $27799 $27836 $29531 $29531 $57330 $57367 $57330 $57367 Taxable Value InforOlatioir [Year: 2011 2010 Appliecj Applied ITaxing Authority: Exemption/ Exemption! Taxable Taxable Value: Value: ~al: $0/$57,330 $0/$57,367 ntv: i$0/$57330 $0/$57367 itv: $0/$57330 $01$57367 ISchool Board: $0/$57330 $0/$57367 Sale Information' Sale Date: 412011 . Sale Amount: $23,000 Sale O/R: 27686-0783 Sales Deeds to or from financial Qualification DescriPtion: nstitutions Vlp.w \rldj;j(lrlal Sales http:// gisims2 .miamidade. gOY Imyhome/printmap.asp?mapurl=http:// gisims2.miamidade.gov... 317/2012 MIAMI-DADE AFFORDABLE HOUSING FOUNDATION, INC. February 22, 20u.. Christopher Brimo, AICP Planning Director Planning and Zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: Variance requests for 6501 SW 60th Avenue (Lot 8, Block 1, Franklin Subdivision, PB 5-34) Dear Mr. Brimo: Miami-Dade Affordable Housing Foundation, Inc. hereby requests two variances from Section 20-3.5 of the Land Development Code in order to allow for the construction of a one-story, single-family home on property located at 6501 SW 60th Avenue, within the "RS-4" single family residential zoning use district. The variance request is to allow a 54' frontage where a 60' frontage is required. Properties in the plat which was recorded in 1918 are non-conforming. Development of the property will not happen without the approval of the variance. The property was donated to the Foundation by the City of South Miami CRA to build affordable housing for low-to moderate-income families. As it is a goal of the City to provide affordable housing, we ask that this variance be approved. Thank you for your consideration, Sincerely, ()~[(2ljr "7 I' hl,fJi~'. . <::1; <' Opal A. Jones Executive Director A NOT-FOR-PROFIT 501 (c)(3) CORPORATION 7300 NW 19 Street, Suite 502 Miami, FL 33126 Phone: 305-471-9750 Fax: 305-471-9754 Email: mdahfi@bellsouth.net This instrument was prepared by: Thomas F. Pepe, General Counsel City of South Miami Community Redevelopment Agency 1450 Madruga Avenue, Ste 202 Coral Gables, Florida 33146 Property Appraisers Parcel Identification (Folio) Number: WARRANTY DEED THIS INDENTURE, made this 1~i4 day of February, 2012 between City of South Miami Community Redevelopment Agency, a community redevelopment agency of the City of South Miami, a Florida municipal corporation, whose address is 6130 Sunset Drive, South Miami, Florida 33143 (hereinafter referred to as Grantor or "Agency") and Miami-Dade Affordable Housing Foundation, Inc., a Florida non-profit corporation (hereinafter referred to as Grantee or "Developer"). WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars ($10.00), or other good and valuable consideration in hand paid by said Grantee to Grantor, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold to said Grantee, and Grantee's heirs and assigns forever, the following described land situated, lying and being in Miami-Dade County, State of Florida, to wit: Lot 8, Block 2, of FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, Page 34, of the Public Records of Miami-Dade County, Florida; LESS beginning at the Northwest corner of said Lot 8; thence Easterly, along the North line of said Lot 8, for a distance of 2.50 ·feet; thence Southerly, along a line 2.50 feet East of as measured at right angles to and parallel with the West line of said Lot 8, for a distance of 0.96 feet to a point of curvature of a curve to the left having a radius of 1975.00 feet; thence Southerly, along the arc of said curve through a central angle of 10 21' 19", for a distance of 46.72 feet to a point on the South line of said Lot 8; thence Westerly, along said South line, for a distance of 3.05 feet to the Southwest corner of said Lot 8; thence Northerly, along the West line of said Lot 8, for a distance of 47.67 feet to the Point of Beginning, and 4' alley lying north and adjacent. THIS CONVEYANCE IS MADE SUBJECT TO conditions, restrictions, limitations, and easements of record, if any; but any such interests that may have been terminated are not hereby re-imposed; and subject to applicable zoning ordinances, taxes and assessments for the year 2011 and subsequent years. Page 1 of5 THIS CONVEYANCE IS ALSO MADE SUBJECT TO the following covenants running with the land, and setting forth the right of reentry, to wit: 1. The Developer shall commence work on the property transferred under this Deed for the development of a 3 bedroornl2 bath residential single-family home for affordable housing purposes (hereinafter to be known as "the Improvement"). Developer covenants and agrees that the Property with the Improvement shall be sold to someone who meets the Agency guidelines and whose household has earnings at or less than 120% of the Average Median Income as established by United States Department of Housing and Urban Development ("HUD") for Miami-Dade County (as set forth in the attached Exhibit A or as amended by HUD) and as adjusted for the size of the purchaser's family, for affordable housing purchasers and who shall hereinafter be referred to as "SMCRA Qualified Purchaser". At such time, the Developer shall be responsible for the review and selection of low to moderate income applicant home buyers in accordance with all applicable Federal, State and County and local law and with Agency final approvaL However, the Developer shall prioritize applicants as follows: a. Low-income (in accordance with HUD guidelines) SMCRA residents; b. SMCRA residents whose family income is 120% of HUD guideline, or less, for median income families; c. Low-income (in accordance with HUD guidelines) City of South Miami residents; d. City of South Miami residents whose family income is 120% of HUD guideline, or less, for median income families; e. City of South Miami Role Models, as defined by the South Miami Community Redevelopment Agency's Role Model Program, as amended, which program is incorporated by reference into this Deed and whose income is equal to or less than 120% ofHUD guideline for median income families; f. South Miami Community Redevelopment Agency Referrals whose income is equal to or less than 120% of HUD guideline for median income families; g. City of South Miami Residents whose income is equal to or less than 120% ofHUD guideline for median income families; h. Miami-Dade County Residents whose income is equal to or less than 120% of HUD guideline for median income families; and i. General Public whose income is equal to or less than 120% of HUD guideline for median income families. The Agency shall have the sole discretion to resolve any conflict in the prioritization of applicants 2. The Developer shall commence work on the Improvement and complete construction within twelve (12) months from the date of this deed or one hundred eighty (180) days from the date of issuance of a building permit from the applicable authority having jurisdiction, whichever is the shorter period of time. Page 2 of5 3. ' Promptly after completion of the Improvements in accordance with approved plans and provisions of this instnnnent, the Agency, upon receipt of a Certificate of Occupancy from Miami-Dade County and the completion of all repairs and warrantee work and the expiration of the warrantee period, shall furnish the Developer with an appropriate instrument certifying to the satisfactory completion of the improvement. Such certification shall be in a form recordable in the Office of the Clerk of the Circuit Court of Miami-Dade County, Florida. 4. The Developer agrees for itself, its successors and assigns, to or of the property or any part thereof, that the Developer and such successors and assigns shall not discriminate upon the basis of race, color, religion, sex or national origin in the sale or in the use or occupancy of the property or any Improvements erected or to be erected thereon or on any part thereof; and this covenant shall be binding to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by the Agency, its successors and assigns, and any successor in interest to the property, or any part thereof. The Agency shall have the right in the event of any breach of any such covenants, to exercise all the rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of covenant, to which it or any other beneficiaries of such covenant may be entitled. 5. The Developer (or successor in interest), shall pay the real estate taxes or assessments on the property or any part thereof when due. DEVELOPER shall not allow any levy or attachment to be made, or any lien or any unauthorized encumbrance to be recorded that is not transferred to a bond within thirty (30) days of the levy, attachment or its recording in the pubHc record other than for the following: a. Any mortgage(s) in favor or any institutional lender for the purpose of financing any hard costs or soft costs relating to the construction of the Improvements in an amount(s) not to exceed the value of the Improvements as determined by an appraiser; and b. Any 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, of a statement of value by a Member of American Institute of Real Estate Appraisers ("MAl"), (or member of any similar or successor organization), stating the value of the Improvements is equal to or greater than the amount of such mortgagees), shall constitute conclusive evidence that such mortgage meets such requirements, and that the right of any reentry hereunder shall be subject to and limited by, and shall not defoat, render invalid, or limit in any way, the lien of such mortgage. For purposes of this paragraph an "institutional lender" shall mean any bank, savings and loan association, insurance company, foundation or other charitable entity, real estate or mortgage investment trust, pension funds, the Federal National Mortgage Association, agency of the United States Government or other governmental agency. d. All qualified mortgages as defined above in subparagraphs a., b., and c. shall be subrogated to the right of the Agency, at its sole and exclusive discretion, to assume the mortgage without penalty and the mortgage shall not become due or payable solely by reason of the transfer of the property to the Agency in accordance with the terms and conditions of this deed. All mortgages issued by the DEVELOPER as mortgagor shaH provide that the AGENCY shall be given notice of any event of default under the tenns of the mortgage or mortgage note within 20 days of such event. In addition, the mortgage shall Page 3 of5 provide that any re-conveyance of the title to the AGENCY shall not trigger disadvantage to the AGENCY. c. Liens that are timely transferred to a bond within 30 days from the date that the lien is recorded. 6. Developer shall not change the ownership or distribution of the stock of the Developer or change the parties in control of the Developer or the degree thereof while the property is titled in its name without the prior written consent of the Agency, in its sole discretion. 7. The Developer shall not transfer the property or any part thereof prior to the completion of the improvements, consisting of an affordable single-family home, and issuance of a Certificate of Completion and/or Occupancy for the homes by the applicable authority having such jurisdiction. In addition, the deed from the Developer to a SMCRA Qualified Purchaser shall contain a deed restriction requiring that the property is being purchased by a SMCRA Qualified Purchaser, and any sale of the property over the next 15 years shall require sale to a subsequent purchaser who also qualifies as a SMCRA Qualified Purchaser in accordance with the guidelines set forth above in paragraph 1, but using the most current HUD affordable housing income guidelines. 8. In the event the Developer shall violate or otherwise fail to comply with any of the covenants set forth herein, the Developer shall correct or cure the default/violation within thirty (30) days of receipt of notification of the default sent to it by the Agency. Notification may be sent by United States mail to 7300 NW 19th Street, #502, Miami FI 33126, e-mail to anne.manning@earthlink.net, or facsimile transmission to 305-471-9750 or courier. If Developer fails to remedy the default within thirty (30) days of receipt ofthe notification, the Agency shall have the right to reenter and take possession of the property and to terminate (and re-vest title in the Agency) the estate conveyed by this Deed to the Developer, provided, that any such right to reentry shall always be subjected to and limited by, and shall not defeat, render invalid, or limit in any way the lien of any valid mortgage or Deed or Trust permitted by this Deed. In the event the Developer fails to construct a residence and obtain the required Certificate of Occupancy or Certificate of Completion within the time required by this deed, the Grantor shall have the right, but not the obligation, to cause Developer to re-convey the Property to the Grantor, subject to any encumbrances against the Property filed by a third-party that has provided financing in connection with the development of the Property, for an amount equal to the tax assessed value ofthe property. The deed re-conveying the Property shall only include the same title exceptions contained in the title policy issued to the Developer upon the initial conveyance of the Property to the Developer. In case of the failure of Developer to perform any of the covenants in this deed, at the option of the Grantor, this Agreement shall be forfeited and terminated, and Developer shall forfeit any and all claims to the Property and title to the property shall automatically revert back to AGENCY. In the event of the reversion of the title, Developer shall have no right or claim for reimbursement for any expenditure incurred for the improvements made to the Property. All improvements made on the property shall be retained by the Grantor in full satisfaction and liquidation of all damages sustained by the Grantor, and the Grantor shall have the right to reenter and take possession of the premises and seek such self- help remedies as shall place the Grantor in exclusive possession of the premises. If, at the option of AGENCY, the AGENCY request that the Developer re-convey the Property and if, for any Page 4 of5 reason, the Developer fails, neglects or refuses to fe-convey the Property, the Grantor may seek specific performance to obtain the re-conveyance of the Property without waiving its right to automatic reversion of title of the property to AGENCY by way of the reverter provision set forth hereinabove. All of the provision and covenants contained in this deed shall survive the closing and transfer of title to Developer. 9. Upon transfer by warranty deed to the Developer, Developer agrees that any sale of the property shall be to an affordable housing purchaser as defined in paragraph 1 above and the purchasers shall be obligated to comply with the Agency deed restriction requiring the property to be purchased by a qualified affordable housing purchaser as previously defined, and any sale of the property over the next 15 years shall require sale to a subsequent qualified affordable housing purchaser as previously defined in paragraph 7 above. Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. *"Grantor" and "Grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first above written. :}~ tlL.t)~MM~ W~tness Maria M. Menendez ..... Pnnted: p .. ~~.,~ -,.C::~= ... ~YI ~.. . #- Printed: ~r(atne ~tfr1,,"'rI Grantor City of South Miami Community Re4~r:16,~ntA. gency By.----ilJ4 rtrkJ6hdL PhipK Stoddard, as Chairperson SEAL STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared, Philip K Stoddard, the person described in and who executed the foregoing Warranty Deed between City of South Miami Community Redevelopment Agency and Miami-Dade Affordable Housing Foundation, Inc., acknowledged before me that he executed the same, and who presented as identification the following: _____ ~ . . ... ;. • and he did take an oath (or affirmed). , " WITNESS my hand and official seal in the County and State last aforesaid this r~~ day of February, 2012, ~ O __ ~ ____ _ ."i.*w"~~" NKENGA A. PAYNE ~tary Pub~ )L ()., ~'::'? MY COMMISSION # EE133362 nnted:'\/~ri(·t... l'tl.:,,\AA... .. ~ EXPIRES October 05,2015 .' :) J I" {AO?) 3911,ll15:l l'1ot\1JllNo\ll so~.Ctlm Page 5 of5 " A GREEMENT13E'l'WEEN DEVltVOl)ER AND "'raE CITY OII'SO{JtlJMIA.Ml· COMMUNITYREDEvmLOPMENTAGENCY THIS AGRI{SMBNTismadetbis ~ day of November, 2011) between the South MIami CorrtrhtHHtyR'edevelopment Agency C'AGENCY") and Mjami~Dade AffoidapieHousingFbulldatioll, Inc, ("DEVELOPER"). WHEREAS, th0A~aNCYflnd the DEVELOPER desire for the DEVELOPEl\; to obtain all cOllstl'ucthmflnancing; to design and build the homes to .the sati8factlonofthe:.AGENGY~H1d torneet .orexceedL~ED Silver celiincatio!l standards l to prepiliealJoftheconsttuction. d(}cum~nts, incltldhlg'ptlt not limited to theplall$~ workiugrlt'uwingsrttid.specifications;to obtain tlll necessary permits foj' thecol1stl'uctldn ofasinglef~lXlilYhol'tw on each oftheproperties idelltified ih ExbibjtC; tOI~(tl'ketth(}homes;t();Pl:Oyide IWPJ:SMCRA RI?~Development I;ilan aPl'l'oy(,}g nomebuyel's'eSN.t:CRf\qualified buyers'*) with counseling !lnd totlssist potentiAl buy~rsitr qualifyblg f()r,$tlbsidies~ndfinatlcingf1;ot)1Jending ihstitution$ forpel'ltlanellffinaticing 311d.tocdo ~u things necessary to complete constmction of aUofth~ homes hrqu~sti6n and':to sell the homes to SMCRA qtlalified buyers; and WHEREAS. AGENCY qualified potential buyers wilt be selected in accordance with applicable Federal, State, County and local laws and guidelines; and "yijEREA$) the A OENCY Is the current owt1er~ftbepropet'o/U$ted on Exhlhitq,havil1g a~qpjl'ed the.pl'operties forthepurpose,of providin.saffordable hoUshrg'und (d eliminate thebfight within the AGENCYbottndarl~s;ancl WHEREAS, AGENCY has elected to enter into this Agreement with the DEVELOPER to provide affordable hOllsing to AGENCY residents; and WHElillA8$ theD~VE.LOPERpl'oposest6 COllstmct homesbh the Property consi$tingof single f£l1l1HY'tie$identiarhometo~etMrwIth all appurtenances, ' tlxtllliCS j and hnprOVCOlents(Ufmprovementsi,}as set forth in thePeyelopmeht plan fhatis attached tothis.Agt"eemellt as~:xhibill)..;1,D*2~uHl D-,3as maybe amended; and . \YHEREAS,theDl3YELOf$Rhasagreed to construct the affordable home with the d¢signriteds~tlesprice f01'each home not to exceed Two Hundred Five Thousand Dollars ($20tOOO.OO)Ol' cost plus five pel'cent (5%), whichever is the lesser amount; and Page I of J4 rtF Agency Jl!/.--. DEVELOPER , i \V.f-lEREAS, the DEVELOPER agrees to perform the covenants set forth in the Warranty Deed, the form of which is attached hereto as Exhibit A. The DEVEf,.oPER and any affordable housing purchaser shall be obligated to comply witbau AGENCY deedrc$tl'iction requiting that the prope1tyshaH be purchased by someOl1C w!iosellOUMhold hns, earning at 01' less than 120% of the Average Median IncomeasestabHshedbyUniteiJ StatcsI)epartment ofHousjng and Urban Development ("HUDlI) for Miami-Dade County (as set forth in Exhibit F 01' as amended by ffiJD) and as adjusted for the size of the purchaser's family, for affordable housing purchasers and who shall hel'einafter be refen'ed to as ctSMCRA Qualified Purchaser", In addition, the DEVELOPER agrees that any sale or resale of the property over the next 15 years shall require sale to a subsequent SMCRA Qualified Purchaser whose household has earning at 01' less than 120% of the AY~r:ageMedian Irlcome fts established by HUD for Miami~Dade County based on thetbenexistingFrtJD in-coine guideline) or, ifnone exists at that time, then as set fOl'thHJ . .mxhibif}t',and whQ shall hel'einaficl' be.referred· to as a"Subsequeh t SMCRAQp~Hfied ptu'?haser", Howevel', ShOll1d the home 1:>~()w.l1(3d py Subsequent $MCRA QUaiified Pufc!i:aser for 15 cons~.cutivexeal'Sj tilequtillfiedaffordable hQusingplU'Qnasel'shailautomaticaUy be l'eleased fi'om this restriction, NOW1'I'RE~~~FOlU!!)bJ c~)flsiderntionofthe covenants, mutual promises and 1n cQP.sldel'ationof$lO.OO or oUiel' goo<l: and valuable consideration which are to be pald.or,qeHvel'ed:to the AGENCY, tne.l'egeiptand sufficiency of which are hereby ~ckn6wledged> the pm'ties llgl'eeas·fo]lo'ws: Section I, Recitals-Whereas Clauses, The parties acknowledge and agree that the recitals contained within the "whereas clauses", as set forth above, are true and correct and that they are hereby incOtl)orated by reference into this Agreement. "The following list of documeritsshaH compt'lse the Agreement between the parties .and shall constitute, coJlectively1the"{1optract Documents": This Agreement; Wan'anty Deed in the form as found in Exhibit A; Petformance and Payment Bond in the for form as found in Exhibit B; Legal description of the parcel found in Exhibit C; Project drawings, plans, specifications and schematics described in Exhibit D~l, D~2 and D-3 as may be amended in conformity to this Agreement; Insurance requirements found in Exhibit E; United States BUD (hereinafter referred to as "I-IUD") Affordable Income Guidelines as found in Exhibit F. Page 2 of 14 _ pi! Agency or=-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 slngle family home for a qualified affordable housing recipient for each of the properties listed in Exhibit C. The Agency agrees that the lots shall be vacant of all structures at the time of conveyance to the DEVELOPER. The AGENCY shall transfcr title of the lots to the DEVELOPER by warranty deed in the fOlm as found in Exhibit A. In the event that there is a defect or cloud (hereinafter refen'ed to as a defect) 911 the Agencis title to any orthe properties, the Agency shall have 90 days (hel'einaftel' referred to as the "Cure Period") to cure the defect. In such event, the Developer's time for developing the property in question shall be extended by the number of days between the date of this Agreement and the date that the DEVLEOPER is notified, that the defect has been cured. Ifthe 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, fol' which a Celtificate of Occupancy has been issued, on each lot within the sqheduled tin ie, as set forth in this Agreement, 01' as amended by the AGENCY in writing, the AGENCY shall have the right to cause DEVELOPER to re~convey the lot in question with and including any improvements thereon, and the warranty deed shall provide for such 'conaffron,~'np'onsucn i'e-conveyance, whether voluntarily or involuntal'fly, 'the're~ conveyance shall constitute the DEVELOPER's agreement to a change of contractor and assignment of any and all permits, that the DEVELOPER has obtained, to a successor contractor chosen by the Agency fo1' the completion of the project, and to hold harmless Miami-Dade County and the Cily 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 Propelties in accordance with the approved building plans and in accordance with the floor plan, front elevations and specifications set forth in Exhibit D~l, D~2 and D-3, 01' as may be a'mended, including a finished grade and landscaping comprised of topsoil and grass covering exposed ground and at least two (2) trees the type and placement of which are to be decided by the Agency. The plans and specifications, including lands,caping plans, must be approved by the AGENCY, the City of South Miami's Planning and Zoning * '--~Departme11nrrid its Building Depat1ment, as well as 'by the Miami-Dade County Building and Zoning Departments before construction can commence. The DEVELOPER shall not be required to construct a home on the smallest of the six proposed lots and said lot shall not be conveyed to the DEVELOPER unless the AGENCY pays for the cost of redesigning the home for this [at, from a three (3) Page 3 of 14 gcr Agency 62f= DEVELOPER bedroom t two (2) bath to a two (2) bedroom, one and one half (1-112) bath, The Improvements shaU be constructed in accordance with plans and specifications (attached as Exhibit D-I, 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 incurl'ing any liability to the DEVELOPER. Section 4. Sale of Homes. The AGENCY shall convey the parcels identified in Exhibit C; provided DEVELOPER covenants to inunediately sell the home, upon completion ofconstl'uction, to a SMCRA Qualified Purchaser. Section 5. Term. The construction of the residential home on each lot shall be completed within twelve (12) months fl'om the date of this Agreement or within twelve (12) months of the date of the delivery of the deed for the lot in question, whichever is the gl'eatel' 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, whicl1('.lvel' (either (he twelve (J2) months or the one hundred_~ighty ~ __ _ (r8"O) dayS) is tJie-'shOiieh}oflo<C61time.t.1pon th"ee'xpii:ation of this schedule, any land cqnveyed toDBVBLO}?ER.fol' wl~jchthe DEVELOPER has not constructed a singlehfamily home in compliance with this Agreement shall be returned and 1'e- conveyed to the AGENCY so as to be made available for another AGENCY affordable housing project. DEVELOPER agrees to use its best efforts ~o 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 shaH t'e-convey all of the property upon which a fully completed home that has been issued a Certificate of Occupancy does not exist. Additionally, the AGENCY may seek enforcement ofthe Performance Bond, which is attached as Exhibit B. Section 6. Compliance with Building Codes. The Project shall be performed in accordance with the applicable codes, ordinances and statutes of the State of Florida, the City of South Miami and Miami-Dade County. Se"CtiOll" T. Arlrendments. AnYalUendments~ alterationS, or val;iiii[ons to-tiilS Agreement will only be valid when they have been reduced to writing and duly signed by the parties. Page 4 of 14 rflifL Agency ~ DEVELOPER Section 8. Limitation of Linbility. The AGENCY desires to enter into this Agreement only ifin so doing the AGENCY can place a limit on the AGENCY's liability for any calise of action arising out of this Agreement, so that its liability never exceeds its maximum potential monetary contribution of the current tax assessor's valuation of the property. The DEVELOPER expresses its willingness to enter into this Agreement with recovery from the AGENCY for any action arising out of this Agreement to be limited to the value of the property provided by the AGENCY, andlor the return of the propel.iy jn 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 01' claim arising out of this Agreement. Nothing contained in this paragraph 01' 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 attorneis fees, investigative costs or pre"judgment interest. Section 9. Continued Compliance. After any payment, ifany, is made by the Agency and applied according to the requirements set fOl'th in this Agreement, " "the'Agenoy shaUlJe autolii"aHoally dischargeafrom any "anaulrobIIgaHons, Haoi1lfies' " and commitments to DEVELOPER or any third person 01' entity provided. however, that this Section shall not excuse the continued compliance by DEVELOPER with the terms of this Agreement and the program requirements. Section 10. ,Right to Reenter and Take Possession of the Property. The AGENCY has the right) at its election to take possession of the Property with aU 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 constlUction for a pel'iod of more than 30 days. A delay caused by force majclll'e 01' by a subcontractor or supplier shall not be included in the calculation of the 30 day period, provided the delay of the subcontractol' or supplier is not due, in anyway, to the fault 01' ,._, negligence' 'of tne DEVELOPER (iii) Fails to cure a violation of the Agreement within 30 days after receipt of notice to cure 01' notice of default sent to it by the AGENCY. Page 5 of 14 p11(/ Agency ~'DEVELOPER 1 \ I (iv) Fails to apply for building permits for each lot conveyed, from all applicable agencies, within 30 days after the effective date of this Agreement or within 30 days of the date oHhe delivery of the deed for said lot, whichever is the greater amount of time. (v) Fails to complete construction of each lot within twelve (12) months of this Agreement or within twelve (12) months of the date of the delivery of the deed for said lot, whichever is the greatel' amount of time or one hundred eighty (180) days aftel' receipt of the construction permits for the applicable lot. Section 11 .. RJsk of Loss,. Risk of loss by fire or other casualty shall be the DEVELOPER's and the DEVELOPER agrees to maintain adequate insurance fol' a sum not less than the full replacement value of the homes to be constructed. The DEVELOPER shall not commence work under thIs Agreement until it has obtained and submitted proof of all insurance required by the AGENCY, including the insurance requirements set forth in Exhibit E. Section 12. Independent Contractor. The DEVELOPER, its employees and agents shall be deemed independ~nJ ?pntractol's 3.nd ~o~.~g.ents .~1.:_~mQl2Y-ees 2f AGENCY, and shaH not attain any rights 01' 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 itselffl'om loss 011 account of matters including but not limited to the following: (i) Claims of lien against the Property 01' the DEVELOPER regarding the Project provided such liens are not bonded off as allowed by law within thh1y (30) days of its recording. (ii) Failure of the DEVELOPER to make timely payment(s) to subcontt'actors or suppliers fOl' materials or labor regarding the Project unless the DEVELOPER has reasonable grounds to withhold payment. "-''CHi) Reasoiiabte' evidence thaT anYjJ6rtion oTlheProject cannot be completed for the unpaid balance of the construction loan. (iv) Failure to carry Ollt any portion of the Project tn accordance with the Contract Documents. Page 6 of 14 11f Agency (}}{-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 (180) days from the date of issuance of a building permit from the applicable authority having jurisdiction, whichever is the shortet' period of time. Section 14. Venue, Law and Attorney's fees. In the event ofa termination by the AGENCY, the AGENCY shall additionally be entitled to bring any and all legal andlor equitable actions in Miami-Dade County, Florida, in order to enforce the AGENCY's right and remedies against the DEVELOPER. The AGENCY shall be entitled to recover all costs of such actions including a reasonable attorney's fee, at trial and appellate levels, to the extent allowed by law. In the event any suit 01' legal proceeding is brought for the enforcement of any provision of this Agreement, the parties agt'ee that the prevailing party 01' parties shall be entitled to recover from the other party or parties after entry of final judgment, pre"judgment and post- jUdgment attorneys' fees, including attol'1lcys' fees for any appeal, and costs incurred in bringing the suit or proceeding. Any,action adsing out of this Agreement shall be brought in Miami-Dade County, Florida, and shaH be subject to Florida law. Section 15~ Best Efforts on ConstlUction Timetable. DEVELOPER agrees to USe its best efforts to complete the construction on each of the lots being conveyed witllin twelve (12) months from the date of this Agl'eement or within twelve (12) months of the date of the delivery of the deed for the lot in question, whichever is the greater amount of time, 01' one hundred eighty (180) days from the date of issuance of a building permit for said lot fi:om the applicable authority having jUl'isdiction J whichever (either the twelve (12) months or the one hundred eighty ( 180) days) is the shorter period of time. In the event the Project is not completed within trus time frame, and this construction schedule is not extended in writing by AGENCY, this Agreement shall terminate and title and possession of the property shall be l'etumed, by DEVELOPER, to AGENCY. Section 16. Representations find Covenants! DEVELOPER hereby represents and warrants to the AGENCY the following: (i) DEVELOPER is a corporation duly organized, validly existing and in good standing under the 1 aws"'o ft he 'State ofFlol'ida. There are no proceedings 01' actions pending, threatened 01' contemplated against the DEVELOPER including but not limited to any action fol' the liquidation, termination 01' dissolution of DEVELOPER. Page 7 of 14 Iff-Agency -&!!F-DEVELOPER ·, (ii) DEVELOPER shall apply for construction permits within 30 days from the effective date of this Agreement or within 30 days of the date of the delivery of the deed for said lot, whichever is the greater amount of time, (iii)DEVELOPBR covenants and agrees that it shall cause the Property to be developed in accordance with the building plans that are to comply with the City's Code and are to be approved by the South Miami Planning and Zoning Department) its Building Department and the Miami-Dade County Building and Zoning Department and any other agency having jurisdiction ovel' the approval of building plans and the development ofpropei'ty. . (iv) DEVELOPER shall complete construction of the home on each of the lots within twelve (12) months fi'om the date of this Agreement or within twelve (I 2) months ofthe date ofthe delivery of the deed for the lot in question, whichever is the greater amount of time, or one hundred eighty (180) days fl'om·the date of issuance of a building permit fo), said lot from the applicable authority having' jurisdiction, whichever (either the twelve (12) months or the one hundred eighty (180) days) is the 8h011e1' pedod oftime. (v) DEVELOPER covenants and agrees that the Property shall be sold to SMCRA Qualified Purchaser., (vi) Upon transfet' of the warranty deed to DEVELOPER, DEVELOPER agrees that any sale of the propeliy by DEVELOPER shall be to a qualified affordable housing purchaser, and the purchasers shall be obligated to comply with the AGENCY's deed restriction requiring the property to be purchased by a SMCRA Qualified Purchaser, and that over the following fifteen (15) years, any I'e~sale of the property shalll'equire sale to a Subsequent SMCRA Qualified Purchaser. This provision shall survive termination of the Agreement. (vii). Warranty! The Developer shall repair or replace all wOl'k performed and materials and equipment furnished that were not performed in a workmanlike fashion 01' not furnished in accol'dance with the tel1us of the Contract and Contract Documents, and shall make good all patent defects thel'eoftnat have become apparent before the expiration of one (I) 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 (1) year following the issuance of the Certificate of Occupancy. I f any part of the pl'oject, in the judgment of the AGENCY, for the reasons above stated needs to be replaced, repaired or made good during that time, the AGENCY shall so notify the Developer in writing. If the Developer refuses or neglects to commence such work Page 8 of 14 J1L Agency ~ DEVELOPER within five (5) days from the date of receipt of such Notice or once timely commenced, fails to continue to diligently perform the repair work, the AGENCY shall have the work done by others and the cost thereof shall be paid by the DEVELOPER 01' its Surety. Section 17. Termination without Cause. The AGENCY is conveying the. Property to DEVELOPER as palt of the AGENCY's.program to produce residential property within the City of South Miami Community Redevelopment Agency boundaries. As pali of the consideration for transfer of the Propel1y, DEVELOPER has agreed to build an affordable house, as previously defmed J on each of the lots being conveyed and to obtain a certificate of occupancy within twelve (l2) months from the date of this Agreement or within twelve (12) months df the date of the delivery of the deed for the lot in question, whichever is the greater amount of time, or one hundred eighty (I aO) days from the date of issuance of a building permit for said lot from the applicable authority having jurisdiction, whichever (either the twelve (12) months or the one hundred eighty (180) days) is the shorter period of time. The DEVELOPER may be granted one extension of time, for no more than four (4) month, to complete construction upon delivery of a written request to the AGENCYDil'ectol' 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 CeJtificate of Occupancy within the time required by this Agl'eement, the AGENCY shall have the right, but not the obligation, to cause DEVELOPER to re-convey the Property to the AGENCY, subject to any encumbrances against the Property filed bY'8 third-party that has provided financing in connection with the development of the Property. The DEVELOPER shalll'e-convey the property and provide the AGENCY with a marketable title to the Property. The marketable title shall not contain any exceptions other than those exceptions contained in the title policy issued to the DEVELOPER at the time of initial conveyance ofthe Property. In case of the failure ofDEVELOPBR to perform any of the covenants in this Agreement, at the option of the AGENCY, this Agreement shall be forfeited and terminated, and DEVELOPER shalt fOI'feit any and all claims to the Property and the title to the pl'operty shall revert back to the AGENCY. DEVELOPER shall have no right 01' claim fol' reimbursement for any expenditul'e incuned for the improvements made to the Property. All improvements made under this Agreement shall be retained by the AGENCY in nlll satisfaction and liquidation of all damages sustained by, the AGENCY, and the AGENCY shall have the right to reenter and take possession of the premises and seek such self-help I'emedies as shall place the AGENCY in exclusive possession of the premises to enforce the reverter clause provided for in this Agreement and warranty deed. lffor any reason DEVELOPER fails, neglects or refuses to re-convey the Property, the AGENCY may seek specific performance Page 9 of 14 fyl Agency t2f:-DEVELOPER to obtain the re-conveyance of the Propelty without waiving its right to immediate and automatic reversion of the title to the AGENCY. ThIs provision shall survive the closing and transfer of title to DEVELOPER, Section 18. Force Majeure, Neither party shall hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented 01' avoided. For this purpose, such acts 01' circumstances shall include, but not be limited to, weather conditions affecting performance, floods, epidemics) war, riots, strikes, lockouts, or other industrial disturbances, 01' protest demonstrations. Should sllch acts 01' circumstances occur, the parties shall use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. Section 19, Independent Contractor. DEVELOPER, its employees and agents shall be deemed independent contractors and not agents 01' employees of AGENCY, and shall not attain any rights 01' benefits generally affo'rded AGENCY employees. Section 20, Notices. All notices, demands, correspondence and communications between the AGENCY and DEVELOPER shall be deemed sufficiently given under the terms of this Agreement if sent by facsimile transmission, e-mail, 01' dispatched by registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to the AGENCY: If to DEVELOPER: Director, Stephen David South Miami Community Redevelopment Agency 6130 Sunset Drive Miami, Florida 33143 Fax: 305-668-7356 E-mail: SDavid@southmiamifl.gov Anne E. Maiming 7300 NW 19 th Street, 1/502 Miami Fl33126 Fax; 305-471-9750 E-mail: anne.manning@earthlink.net Section 21. Purchasers. It is agreed that all qualified buyers shall be require sign a mortgage and note satisfactory to AGENCY and enforceable by the AGENCY, which shalll'equire that the re-sale of the property with the constructed Page iO of 14 ¥. Agency _:.._ DEVELOPER , '1 1 home listed on Exhibit C is restricted and all deeds to the qualified buyer shall contain the restrictive covenants concerning re-sale provided in the DEVELOPER's deed and in accordance with the restriction pl'Ovided 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 ll, as previously defined. Section 22. Records and Costs. The DEVELOPER agrees to maintain books, records, documents and other evidence pertaining to all costs and expenses 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 Agreement, shall be available for inspection, review and audit by the AGENCY and its representatives, at all reasonable time, to detel1nine the proper application and use of all funds paid by, to or for the account 01' the benefit of the DEVELOPER. The cost of constnlCtion, for the purpose of determining the sales price shall not exceed the following percentage of the total costs to build the homes: all pl'econstmction costs shall not exceed three percent (3%); all costs generally associated with general conditions shall not exceed five percent (5%); aU contingency costs shall not exceed three percent (3%); and all other costs, including trades, subcontractors, bond and insurance costs shall not exceed eighty nine percent (89%) of the total cost of constrllction. , Section 23. Indemnification. DEVELOPER shall indemnify, defend, save and hold harmless the AGENCY, its officers, agents and employees, ft'om or on account of all claims, damages, losses, liabilities and expenses, direct, indirect or consequential including, but not limited tO l fees and charges ofpurchasel's, engineers, architects, attorneys, consultants and other professionals and court costs arising out of 01' in consequence of the performance of this Agreement at all trial and appellate levels. Indemnification shall specifically include, but not llmited to, claims, damages·, losses, liabilities and expenses al'ising out of or from: (a) the negligent or defective design of the Project and work of the DEVELOPER; (b) any negligent act or omission of the DEVELOPER, its subcontractors, agents servants or employees; (c) any damages, liabilities, or losses received or sustained by any person or persons during 01' on account of any negligent operations by DEVELOPER connected with the construction of this Project; (d) the use of any impropel' materials; (e) any constl1.lction defect including both patent and latent defects; (f) failure to timely complete the work; (g) the vlolation of any federal, state, or county 01' city laws, ordinances or regulations by DEVELOPER, its ..... s.ubcontrac.tors, agents,servants,-independent·contractol's, or empleyees;·(h) the· breach or alleged breach by DEVELOPER of any telm of this Agreement. Page 11 of 14 12(( Agency O'~ DEVELOPER :Section 24. Assigrmlent. Neither party shall assign its interest in this Agreement without express written consent of the other patty. Any violation of this provision shall constitute a default of the DEVELOPER's obligations under the terms of the Agreement. .section25~ Taxes, Mortgage and Ob.ligations. The DEVELOPER (or sUGcessor in interest), shall pay the real estate taxes or assessments on the propelty or any palt thereof when due. DEVELOPER shall not suffer any levy or attachment to be made, or any lien, or any unauthorized encumbrance that is not transferred to a bond within thirty (30) days of the recording with the exception of the following: (i) Any mortgage(s) in favor or any institutional lender for the purpose of financing any hard costs 01' so.ftcosts relating to the construction of the Impt'ovements in an amount(s) not to exceed the value of the Improvements as determined'by an appraiser; and (it) Any mortgagees) in favor of any institutiollallendel' refinancing any mortgage of the chm'acter 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, of a statement of value by a Member of AmeL'icao Institute orReal Estate Appraisers ("MAl"), (or member of any similal' 01' successor organization), stating the value of the Improvements is equal to or greater than the amount of such mortgage(s), shall constitute conclusive evidence that such mortgage meets such requirements, and that the right of any reentry hereunder shall be subject to and limited by, and shall not defeat, render invalid, or limit in any way, the lien of such mortgage. For purposes of this paragraph an "institutional lender" shall mean any bank, savings and loan association, insurance company, foundation 01' othel' chadtable entity, real estate 01' mortgage investment trust, pension funds, the Federal National Mortgage Association, agency ofthe United States Government 01' 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 ........... mOltg~g~ shaH nQt b~c_oJ1l.e_d.u.e_Qr..payab.1e solely hy.l:easoILo.f.the.transfer .. oL. M.' _ the property to the Agency in accordance with the terms and conditions of this Pngc 12 of 14 i!tL Agency ~ DEVELOPER ; I 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 mOligage 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. Ifany provision or provisions of this Agreement shall to any extent be invaHd 01' unenforceable, the remainder of this Agreement shaH not be affected thereby and the remaining provisions shall be valid and enforceable to the fullest extent. Section 27. Miscellaneous Provision. In the event a court must interpl'et any word 01' provision of this Agreenlent, the word or provision shall not be construed against either party by reason of their involvement in the drafting or negotiating of this Agreement. Section 28. Inspection. AGENCY may make or cause to be made reasonable entries upon and inspections ofthe Property. Section 29,. Nondiscrimination. The DEVELOPER agrees for itself, its successors and assigns, to 01' of the property or any part thereof, that the DEVELOPER and such successors 01' assigns shall not discriminate upon the basis of race) color, religion, sex or national origin in the sale, lease or rental or in the use or occupancy of the property ot any Impl'Ovements erected or to be erected hereon or on any part thereof; and this covenant shaH 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 1 and any successor in interest to the property, 01' any part thereof. The AGENCY shall have the right in the event of any breach of any such covenants, to exel'Gise 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 01' any other beneficiaries of such covenant may be entitled. Section 30. Authorized Agent. The AGENCY and the DEVELOPER shall each designate one person who shall be their authorized representative with respect to ihis Agreement. The representative of the AGENCY shall be the AGENCY Director; the representative ofthe DEVELOPER shall be provided at the time of the joint execution of this Agreement. , Section 31. Waiver, The passing, approval andlor acceptance of any part of the work 01' material by the AGENCY, its Architect 01' Engineer, if any, 01' by any ·agen t"or-represen tati ve"ofthe'A GENCY ':sh-a-l'hrot 'b"p"ei'ateasaw81ver 0 ftne Page 13 of l4 _~ Agency rtf:-DEVELOPER i , AGENCY's right to demand strict compliance with the terms and conditions of this Contract. No act or omission or verbal representation or statement shall be treated as an expressed or impJied waiver and all waivers shall be in writing signed by the party who is alleged to have waived nny of the terms and/or conditions ofthe Contract Ot' Contract Documents, This Agreement contains the entire Agreement of the parties and no modification or amendment of any terms or provisions of this Agreement shall be valid or binding unless it complies with this paragraph, This Agreement in general and this paragraph in particular, shall not be modified, amended or waived except in writing signed by both patiies. The waiveI' of any breach or default of any of the terms of this Agreement shall not act as a waiver of any subsequent breach or default. This Agreement shall be binding upon the heirs, guardians, personal representatives and assigns of both of the patties. Section 32. Waiver of JUl'y Trial. AGENCY and DEVEOPER knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State 01' Federal Court proceedings in respect to any action t proceeding, lawsuit or counterclaim arising out of the Contract Documents a\' the pei'formance of the Work thereunder. IN WITNESS WHEREOF, the AGENCY and DEVELOPER have caused this Agreement to take effect on the day and year first above written. WlTNESS: Miarni~Dade Affordable Housing FoundaUol1, Inc. ~~J1Rt;;'l A. Jone; Title: Executive Director SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY By: P!Jt!lfi7JJ~~ Name: ~ Philip K Stoddard Title: Chairperson Page 14 of 14 #. Agency . DEVELOPER EXIDBITA United States HUD (hereinafter referred to as "HUD") Affordable Housing Guideline FAMilY SIZE 30~~--50% < E. LOW . "';V. LOW $14.500 . ·$2-1,150. $f6600 S27,~O-"" 140% Example of::1 SMCRA Affordable Rousing Purchaser, basad on the guideline set forth above, with n 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 $66,240.00 EXHl13IT C FRANKLIN SUB PB 5-34 LOT 5 LESS W2.SFT BLK I LOT SIZE 5875 SQ FT bearing folio number 09·4025~0 1 0-0060 a/k/a 6457 SW 60 Ave., South Miami, Florida, Deed Description: LOT 5 BLK J of FRANKLIN SUBDIVISION, nccording to the Pial thereof, as recorded in Plat Book 5, al PilgO 34, ofthe Publi.:: Records of Mialllj·DlIdc County, Floridn ,Franklin Subdivision, PB 5-34) Lot 6 less W 2.5 feet, Block I, Public Records of Miomi"Dade County, FL. Vacant Lot SIze 5875 Sq. Ft.; bearing folio number 090-4025-010-0070. Deed Description: Lot 8. LESS Ihe West 2.50 feet thereof, Block I, FRANKLIN SUBDIVISION, according (0 the Plallhereof as recorded In Plat Book 5. Page 34. o( Ihe Publlc Records of Mlaml·Dade County, FlorIda Franklin Subdivision, PB 5-34, Lo! 7 less W 2.5 feet Block 1, and alley iyg S &·Adj. CLOSED PER R·92~1517 Public Records of Miami-Dade County, FL Lot Size 6180 Sq. Fl.; beal'ing folio number 09 M 4025-0 1 0-0080; alkJa 6487 SW 60 AYE. South Miami, Florida. Deed Description: Lot 7, LESS Ihe West 2.50 feet Ihereor. Block I, FRANKLIN SUBDIVISION, accordIng to the Plat Ihereof, as recorded In PIal Book 5, Page 34, of the Publlc Records of Miami-Dade County, Florida. Franklin Subdivision, PB 5-34, Lot 8j less beg NW Cor Lot 8 Th E.2.5 feet, S 46.72 feet, W 3.05 feet, N 47.67 feel to POB Block 2. & 4 feet alley Iyg N & Adj. Qlosed Pel' R-n-ISI7; Public Records of Miami-Dade County, FL. Lot size 55.00 feet x J 17 feet; 6313 Sq. Ft; beat'ing folio number 09-4025·010-0090; nlk/n 6501 SW 60 Ave., South Miami, Florida. O~t!l.(O~$cr!ptlon: .lotBiBiock 2,01 FRAN1<llN .8U80JVISION, according to the Plat thereof, as ({!cptded hi Plat Elo9k;:t PagQ34, of the Public. Records of MIami-Dade County, Florida; LESS begfnning,at tHe Nol11W/estcomwO,f.satd t,QUll Ihel1ca Eas\eriy. ~lforig the North line of said lot 8, (or a dlstanct;l of 2.;.00 f~el;lhence Soulherly ,along ::lUna 2.59 J~e! East of as moasufed al rlQh!anglos (0 and parall()1 with the Westline pf suld Lot 8, (or a distance of 0:.$6 feelto a poloto( curvalU(eOrtHiurve to Ihelefthavlng a ra.dlus 011975 no fQel;lhell~$ .southerly, along tho arc of saId Cl/lVeJhrQugh a cenJ(al a.lgleofi· 21' 19", for a dIstance of 413.72 feol to apolnton Ihe South lIne OfsafdLoI8;lha/1MWesterly.afong sakI $Otllh line; (ora dlslMcoo! 3.05 feoltolhe SoulhWeslcornei'of sa!dlo( 8; thence NQrtherlY. along IIw Westline ofsard LOI6. for a distance of4? 67 feot 10 Iho Point of Beginnlhg . PalCJJJ Jd~/J.linG;lUlm NlImbo(: M·4f))?/).i)10,OOQO I 1 I i Larkins Townsite PD 2-105: Lot 8, Block 2, Public Records of Miami-Dade County, FL. Lot size 7150; bearing folio number 09 .. 4025-028-0200; oIkla 5928 SW 66 St., South Miami, Floridn. Deed Description: LOT 8 I::Z,K 2 Z,IIRXlNS 10nNSrT& PB 2-105 Pines Subdivision, PB 13-2, Lotl & W Yz Lot 2 Block 4, Public Records ofMiami"Dade County, FL., Vacant Lot Size 3525 (37.5 x 94; bearing folio number 09-4025"009"0240. OneCtDescrlpUon: lot 1, and the We$t Half (W V2)of lot 2, Block 4, The Pines, 11 subdivisIon of the City of So lith MiamI, Miami-Dade County,Plotida,uccordlng to the plat thereof', recorded In Plat Book 13, at 'P(lge2.,()f the Public Records of Miami-DadeCounw; florida. (Miami-Dade County Property 'Jdel1t1flcatlQn NUmber: 09·40~S·009'02qO) EXHIBIT D-l i ! \4~"Z· ( ... _ ...... _ .. _ ..... -. ST£V£N LURI.\. RA 9i2/11 3 DR I 2 )JATH OPTION 2-D !.SSO sr UNDER AIR ..... _I7·-.t........ i .. / FLOOR PLAN AU OR'\"WI~S »:0 WilmEI. lJAltRJAt APPJ;.lRI!IG IlER(JlI CQ.~Si111Jl( onJ~'IIAl JJI() UJlPU8\ISIIED WCAX cr 1ll( AR(1<I1[CT. 111( SAVe U,IY !lOT or QUPlICI,lED. USfO OR OlsCloseo \I\Jl!ovr 'AIlIHfll CQllSfNT CF mE ARCHllfCr. Ijf ! PIC( I .1 .1 \ sf CD t } L~J ~--- STEVEN LURIA, RA 9/2/11 3 BR I 2 BATH l2 EXHBI' ... D-2 FRONT ELEVATION rn .!: ' . i~ . i1U~ OPTION 2-B 10500 SF UNDER AIR EJ:.::,13'-O" &- EL=8'-8~ 'Et.:::o; :....o~ ,------1 FRONT ELEVATION . SCA.l..E: 1/4 ..... 1·-0· ALL ORA1MNGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTI11JTE ORIGINAL AND UNPU8USHED WORK OF THE ARCHITECT. THE SAME MAY NOT BE DUPUCATED. USED OR DISCLOSED 'M!HOUT WRITTEN CONSENT OF !HE ARCHITECT. ~ ~ ~ ----,---~~-----,----'-~--~---. ------- L. GP ,. EXHIBIT D-3 SPECIFICATIONS EXTEflIOR ·ICF WAltS WITH EFUS OR SIMILAR STUCCO FINISH. INSULATED CONCRETE FORMS PROVIDE R·22 EXTERIOR WALLS WITH MONOLITHIC CONCRETE SHELL CAPABLE OF WITHSTANDING 200 MPH WINDS. EXTERIOR AND INTERIOR PRIMER AND PAINT IS BENJAMIN MOORE OR EQUIVALENT NO voe PAINT OR PRIMER FOR INTERIOR ROOF CONSTRUCTED OF WOOD mUSSES WITH 110 MPH ARCHITECTURAL SHINGLES MANUFACTURE'S WARRANTY FOR THE SHINGLES 15 MIN. YEARS. ROOFERS WARRANTY MIN. 5 YEARS INSULATION WILL OPEN CELL SPRAY INSULATION ON THE UNDERSIDE OF THE ROOF SHEATHING INTERIOR WALLS AND CEILING· WILL BE CONSTRUCTED OF SHEET ROCK (MADE IN USA), TAPED AND PLASTERED WITH JOINT COMPOUND, SANDED AND PAINTED WITH PRIMER AND TWO COATS OF PAINT. WINDOWS -TO BE ECO WINDOW OR EQUIVALENT LOCAL!. Y PRODUCED, INTERIOR DOORS TO BE HOLLOW CORE, EXTER/OR DOORS TO BE MIAMI·DADE COUNTY APPROVED METAL DOORS. APPLIANCES TO 8E INSTALLED SHAll OE APPROVED ENERGY STAR FIXTURES TO BE APPROVED AS SOON AS THE WORKING DRAWINGS ARE FINISHED TU8 AND SHOWER WAllS MUST BE COVERED WITH DUROCK OR EQUIVALENT FOR THE TilE AREAS. GREEN BOARD IN THE BATHROOMS. FLOORING, CABINETS, COUNTERS TOP SHALL NOT EMIT voe's. GREEN BOARD NOT NECESSARY IN KITICHfN EXCEPT BEHIND SINK. IF POSSIBLE TILE TO BE OF RECYCLED MATERIALS, ADDITIONAL SPECIFICATIONS ARE AS FOLLOWS: INAGTO SE SIZED WITHIN 1/1, TON OF CAlCUlA'fEO TOTAL LOAD. CEIUNGFAN5'foa~ USED!N BWROOMS AND Gil EAT ROOM. SO(ARll()~tTlJ8~W/jNSULf{ERECTIVETUBETO 8£ INSTALLED IN GI1EAT ROOM DECIDUOUS TREES PLANTED ON SOUTH SIOE- NA riVE !iHI\OETREES ON EASTAND Wt$r- ALL DUCTWORK JOINTS TO 8E SEALED WITH MASTIC EXHIBITE ARTICLE 5 -INSlJRANCE 5;0 nil,: DEYELOPBR sholl pllfcll!1SC 110m andmufntaJn in l'iconlj)!lIIY (It cOhipanh:s hnvfuUy IHI/horfzcd lodl'! busillCSS ill HIe jmisdiufion ill \yhiChlh¢,ProJcc( is locatcd S\lc!1 IHsurimcc~s WillPf91cct IhttDEVELOPER froluclalms sol forth below whIch 1l11'1Y uriso ou~ ofoi' result fiom tho DEYELOPER'sollcrntlf;ms,llrider tile CO,nh'IIcJ llnd tbrwbiph Ille 08VElOPER mlly VC lesally Hoblt!. whcdwrsuc/i opcrnt!ons bebYlhe OEVELOPERorby aSubC()l1ltnctoror by.onyoM dJrectly o(indlteclly cmj)/o},cd by any oflliellli or by tlIlyOlW forwhos~ae(s any ofthem maybo /lab/!): ' 5.0.1 cla/uli! under worKers' compcnS!jllpll, d!snbilily benefllllnd olher sImilar employee henefil acts \Vhlell ate appli<.alblulo the Wilr'k to be performed; . 5.0,2. clnl(Usf6rdlllilll~CS becnnseofboilfly injury, occupnlioJlal sickness or disease, or dealh of the OaVELQPBR's clnployee~: 5:0.3 cillill\~ (ordnmtlgcs bCCUttsi: pfbodilyinjury, sickness or disease, or death of any perSOll otlter than theOBV£L9P8R's 9mp/oyccs; .' $.0.4 chihns. fot damagcllll1surcd by usllol. pcr~o/laJ injury liability coverage; S.o.s¢l~imsJtlrt1~magesJ()lltcrlhlin fo t~e Work il$el~, because of Injury to or destrucl/on of longlble propcliY,llichldingl.os~ orllSe f¢~l!lllil&.lhllre from; j,0.6 tlilinis(oidomages bec\l\llH.lor~oqllylnJ\lry, dealhofa person or property damage arising oul of o~vnef$ltll),mlllnllllllirtc~or useoflllllolor vehicle: :i,C).? clafnlSf()t bodily 1I\1l1ry.orprop:efIy4rimage arising oul of compleled operations; Ilnd $.6.Jl'c!tlhi}$involviflg cOlllrac/Ual lilli>iIliy insllrance applicable 10 1he DEVELOPER's obligations cllllccrnlug !h~ Project . OnVELQPEtW:L!i1blllly·hlsutlll\iJcr 5.1 PRVEt.()PBR shallprovldcllUd mainlflflliIlJor£~unli! all Ihe Work to be performed under this Contract ~llllS bc~n completed liuda(:¢cpted by AGENCY (or for such duration !IS is olhorwise specilied herclnnller), the IIisitNlIlce C()Verllge scI fol1h beloW: . 5,.1; i . Worker's COIIlpcllslllionillSUr<lllccti( IbesUIW!tjryarnotinl nil to nllemploYe()sillc(lmpJilllltewilh Ihe #\Vo,rkcrs'compensllliiin 1.1\\"''' of (hnSI~tl.liOr Florida llI\it all. flpplicn~l~feder41I!1\'1s, In addition, thcpplicy(los) must include! Ell)pt(),Ym'!.i;!1)llity.at Ihe SltllUU.irycoVerl'lgc lIlllount •. The l?UVEl.Ol'nRshall· f\lrther tnSW:cChal aI/fJfilsSubconlmelo(s .mnlnlahlllpproptluhl levels of Worker's C(llllperisnll611 }lIsu~flllce; . .... . ..' 5.1.1 Comprehensive OcMtal Unuili!>, \vttll mitlil)ll~m H/lllt~ ll( Two wHlllon dollnrs(S2;OOO.()OO.()()} 'lIef occurrence combIned singti}Jfmit for llodily InjuryLiobi!ityulItl PropctlyDnmilgeLlilbil!iy; 'Cj)vl:i'nge njllSl .bi: n{forded Oil. nfornl ~9 III~rc reslr!c!iVc than the. lnlest. edlllQllof the 'Compcuhenslve(l''llllliaJ Liabllltypoliey,\vilhuul' reslrictiye en(/orsemenlsj as filed by th~ tils(irnlH:e SerVices Office for IlleSlnte of FlorIda, Illld mllst include: . . 5;1.2(11) Prcnlises and 0p1mulo!1 5;1.2(1)) h)depClldcnrColilrtlQlo(S $.1.2«;) PrQuUcISfll\(l/l;JrCornplclt)Q OperatioJls Hazard 5.1.2 (d) Rxptosion,GoJlllPse (Hid Underground Hoznrd Coverage 5.1.2(c) Brol\dFolll\' propertyD~m;'lgc 5.1.2(1)< Droq.d.I"()r111Conlractuul Coveroge npplicllblc to this specific Contract, including /loy hold hnrmless and/oT indelllnificnliollllgreement. S.I.2 (g) Personal Injury Coverage wRl. Employee lind Conlmctual Bxclusions removed, with minimum limlls of <:ov(Jfnge equal 10 those required for Bodily Injury Liabililyund Properly Damage Linbilily. .. 5.) J Bllsiness AU!OffiObileLinblHly \Vil,h minhnulll lilhits of'rwo Million Donors (.$2,OOO,OO().OO) plus 1111 nq~miollnl Two MiIIi(1nDf)llar (S2,OOO,OOO.oO) .umbreJlit per QccurrcnCe comhin¢d s{/1gl(: limit for Bodily Injury LinbilitYllod t'roperlyDnmagc Liability. Covcragemusl be a£l'or<t~d 011 a rOml flO owc. reslrictlve thlll) the lalesH:dlllonof the Business AUlomobile Liabilily poHcy~ wilhaUl restrictive t;lldorscI1Wl\ls, os flied by the Ills\lnmco Services Office !'or the Slale of P!llridn, .ilnd nlU${ hld.ude: .s.U (a) Owned Vellicles. " I 5.2 5.3 5.4 5,5 5.6 S.? 5.1.3 ,b) Hirednnd Non;O\v!led Vchjcli.!~ ...5.l.J(c) . Elllployet$' Non·OwllOfshlp l3o(o~c $tarting Ihq Work •. Ii1c DHVBL6I>r.~R shilll file wiill the·,AGBNCY cerli!lct)II)S o(suehihSIJ(lInco, lIc~eptllhlillO tl)e AGENCY. whi~hnilj$1 tOlllllill, among I?lherthlilgs, tlw IHlI1Je; ndtlrcssondfjJlephonc nllti)beroflheillsuronce :Jgell{ or brl,)~~rlhrQugh whom the poHcy\'ias obill!llcd,npr(jvlsi6i!llddlllglbe AGENCY 1)S nil ndditionallliUhed insured; Illes\, certl.lkahis sllljH cOlllahf ;lprovj$ionlhlllUlecove({lg~; lIm~rdlld \Illdcr Iilepollcles shall nol ~!l. cOllccled or lli!lterinllye)ulIlgcd ulltiia( lead fhirty (J{) days pt10r wtiihm notlee bas bectiglVOl'I by tl!clnsllrer II), UleAOBNCY by cetilfiednHl/l. 'rile jns\licrilnall beralcd A.VItor .\>elterper A.M, Best's Key ltnllng Guide; Illt~s'edit!()J111nd nlUh9ri%ild 10 isstiu ItISU!ill1\;iI\i) .lhe Slate of Floridi\. Thi:DfiVELOP~R agrees thn! if any pnrt pC (hI;) Workulldcr 11,10 GOlllrilt;tlssublctj Ibl,lflul,lcOJtIi:itct'shnll contl!h'lhcsnmelnsUH1MI,l·pfQvislol1 llSse' forth l/lsf,)elionS. !ilIl<i?~Jl\)QV~ fllJd subsliwl/llgt!ieword ~SU13CONTRA(;TOK [01' IIHt word DEVStQPBR. wltef!)lIIWII¢a!Hel however, llllh~ I)BVBLPfiR~S disci<lllon, tho Ii/HilI/ern Subeonftactot's lnsurtmcom~y be PlveHulldred ThollS!llId Oolfnrl> ($S()O.OOO;OO)~ Fife tlltd9~{cnd(ldCov~mga Insurance (Builders' i\iskX .. . .. .. .. Thl} DEVEl,.OP:}3R$hall rnainln!n.4sllppllcnble( Iii tl)11ns\l"lI1f,)il COnlpanyor I{lSllrill1ce C()lllpn?iO$. ncc4pt{lbieiO lheAOENCY. Flrc.Ex!\!llded Covcm&~illld Vliridnllsl}l &.. Mnlic.iollsMisllllicfll1sl1ilil1iiP(lir ~ui\dfl1glll)i1d$lrticIUrC$. whiloln Iltl}collrsuo( con$lruclfolll inchidrllS fOUl\dlllf911s,lIddIII<1Il$. tlllaclll)1efll~ aud ull permaUc:I1( fjxturcsbelol'lgln8 to tlndcPl1siftutJngapmt of said buJldlngs l)r $truc(l1l'~s;Tfliip6li¢Y (It )l:9Iic!o$sl!u!ll\ls9 cover I\1nl:hillCry, if lhec,?st Ofnl&cldnery is Inclu4~(jinth!}·Cpilh'ilel, orifdw \ll,,~~ui!ii'r .lot;lIled JnljUllUdillg that is being fCIlI'J\ltlli:d by TIJIlSQ"Of ill;S cl.mlraet, :rill) .001\O\WI ofinsUi<itlce IlI.uSINnil tlllliisbolltJiI<lSlcqlltj} totlieltt;!ualcilsl! Vlli!ufOf:lhe insured pr<m.criy.. ..' ..... TlllJ!lQllcysuaU be In IfuUIOmeof Ihe ApllMCYnnd tbe DBV~4()pnR) as Iheir interest may appoar, and &hllIl9Is<i~(}v¢r till) iliterests(J rllll SUbconlrnctors pllrfQfmill$' Work.. . 'rhi}DEVBI .. oprm slinllvr6vidc Ilw AOBNCV .. \vith salfsflicl9rYI}\'ldencl,it;crtifyingtlllillhc foregoIng j !nsl!ranctjs.iu forqorllilds\lch evl<!encp shull 11l~Il!dc provlsIQIlS~la.!l1lllg Jilil AGBWCY liS on addUionnl Illlmc~Llns\lrcd und pro\'ldlll~ Ihnt Ihe insur4ilce. ~balll1o( llecrincl)l~d ()l'nln~ctl!llly()lm ... unlilill Ico~1 . l/tirty (3.0). days prlQ( wriH(innoti9c hnsbc~l)glvdllby{ho lil~urer.t() IhcAOfiNGYhy certl 'd moll. CnflcclllltionnlJd Rc.lnSl.iftlllc6: ..' lr·IlIl}'119ticoof'cmu;oUIi11911.<>f UlsUfilIlCeQLc,hi\llge In llio policy, given by Ihe insurance company Or should i\llyillsurtllleehlllJcan ~xplrnlt()jldnlethilt will occur during the period of fllis COnlrllel, the })l}VaLOm.m $IIflU·b.c responsible IbrsccUt'liJgol!tor neceplllble insurance prior to sueb cancellation, c}lnll~c. j)rc~\ljrllIlon$() us to provide COliliiluOUSCOYCfllge.lls specified in (his section lind so as to nlnililaill cO'lernscdO(lllg the life oflbisC()!llfMt. . . . ........ . All(fc€lUIl!lblclllllust ~udt:clnrcdl>y lho DeVELOPE~ lind ,must bCl)pPi~YIl(tby (he AOBNCY. At thll ()pllo/l i;)f Ihe AGtlNCY. (iitherlhc DBVELOPER shall elitlll!)!l!j) orriidtii:e . such deductible or tho Ot}VBL9PERshnllprociu'cu Bon(\,ln n form satisfactory lolbl) ADENey CI}Ycriflg the same. MIAMI DAILY BUSINESS REVIEW Published Dally except Saturday, Sunday and Legal Holidays Miami, Miaml·Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared M. MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review. a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PLANNING & ZONING DEPT. NOTICE OF PUBLIC HEARING 3/13/2012 in the XXXX Court, was published in said newspaper in the issues of 03/06/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and fhal the. said newspaper has heretoforl1beenconUnUQllsly published in said Miami-Dade County, Florida, illlChdaY (el<.OeptSaturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County. Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor· romised any person, firm or corporation any discount, r ; commlsSt . or refund for the purpose o vertli;lernehtfoi publication in the said 06 day of MARCH ,A.D. 2012 M. MESA personally known to me AFFIDAVIT Before me, the undersigned, this day personally appeared Anne Manning, who being by me first duly sworn, upon oath, deposes and says: 1. I am an authorized representative of Miami-Dade Affordable Housing Foundation, Inc. 2. I certify that a Notification Letter of Application for Variances for homes to be built at 6457 SW 60 th Avenue and 6501 SW 60 th Avenue in the form attached ("Exhibit A") and herein incorporated by reference, were mailed, via U.S. regular mail or U.S. Certified mail to all the address in the ownership list attached as "Exhibit B." For clarification, attached is "Exhibit C" which identifies the abutting property owners who were notified via U.S. certified mail in accordance with the City of South Miami Land Development Code. ct of Housing Development State of Florida County of Miami-Dade) The foregoing was acknowledged before me on this ,;l,1/) day of /l/4rc/; , 2012 by Anne E .. '-~ ... a#n ..••. i:g ... ,. who .to .....•. o .. ka. n ..• oat.h .. and who is personally know to me, 1ld/tf1!? ~&itJ Notaryptblic Signature Notification letter Application for Variance for 6501 SW 60th Avenue to build a single-family home By Miami-Dade Affordable Housing Foundation Notification to: Applicant: Miami-Dade Affordable Housing Foundation, Inc. Address of Application Property: 6501 SW 60th Ave. , South Miami, Florida You are hereby notified that an application has been submitted by the Miami-Dade Affordable Housing Foundation for approval of a variance for the property The variance request will be reviewed by the City's Planning Board and the City Commission. The City's Planning and Zoning Department, at 6130 Sunset Drive, South Miami, will have on file all documents, plans and supporting materials pertaining to this application. In addition, the City's Planning and Zoning Department will prepare and mail the required notices of public hearing in accordance with the notice requirements of the City of South Miami land Development Code. EXHIBIT A -1 of 2 pages L-2174L (72 LABELS) (ORIGINALLY 107 NAMES) BRETT BIBEAU &W ALI STEPHENS 1263 SW 18 ST MIAMI FL 33145-1631 MARIO B GUTIERREZ & MARIA A ZAMORA 6566 SW59CT MIAMI FL 33143-3506 THERESA SAWYER BARBARA T ALUY 6401 SW59 CT S MIAMI FL 33143-3503 THERESA SAWYER 6401 SW59 CT SOUTH MIAMI FL 33143-3503 VERONICA & DERRICK JOHNSON 6443SW59CT SO MIAMI FL 33143-3503 MILDRED F MITCHELL 6445 SW59CT MIAMI FL 33143-3503 AURELIO M FERNANDEZ ISABEL CISNERO 8766 SW36 ST MIAMI FL 33165 GREENE W MITCHELL LE MILDRED MITCHELL & S DAVIS REM 6471 SW59 CT MIAMI FL 33143-3503 BONNIE M GILLIS 6481 SW59 CT SOUTH MIAMI FL 33143-3503 WALTER & THERESA POWELL LE REM THEODIS POWELL ET AL 6501 SW59 CT SO MIAMI Fl33143-3505 GARY D EISENBERG 11640 SW69 CT PINECREST FL 33156-4736 MIRANDA D CORKER 6571 SW59 CT SOUTH MIAMI FL 33143-3505 JOSE RENE GONZALEZ 6591 SW59 CT MIAMI FL 33143 CARRIE ROBINSON 9760 SW83 ST MIAMI FL 33173-4043 TRUSTEE CORPORATION OF MT OLIVE MISSIONARY BAPTIST CHURCH INC 6316 SW59 PL SOUTH MIAMI FL 33143-2203 MT OLIVE MISSIONARY BAPTIST CHURCH OF S MIAMI FLORIDA INC 6316 SW59 PL SOUTH MIAMI FL 33143 MT OLIVE MISSIONARY BAPTIST CHURCH OF SOUTH MIAMI INC 6317 SW59 PL SOUTH MIAMI FL 33143-2202 MT OLIVE MISSIONARY BAPTIST CHURCH OF SOUTH MIAMI INC 6373 SW59 PL S MIAMI FL 33143-2202 MT NEBO MISSIONARY BAPT CHU INC 6075 SW 64 ST ' SO MIAMI FL 33143-3404 MV REAL ESTATE HOLDINGS LLC TRS 13943 SW 140 ST i MIAMI FL 33186 GE INVESTMENT GROUP INC 7159 swao ST MIAMI FL 33143-4334 JAY ABRAMOWITZ & KEITH L MUELLER 1321 SW 21 CT FT LAUDERDALE FL 33315 JOHN PRICE JR 6400 SW 60 AVE SOUTH MIAMI FL 33143-3452 CL REAL EST HOLDINGS LLC PO BOX 520158 MIAMI FL 33152 BELKYS M MERCADO 6091 SW 64 TERR MIAMI FL 33143-3407 BRIAN TRUJILLO 8477 SW 158 CT MIAMI FL 33193 VANESSA C BLANDING 6065 SW 64 TER S MIAMI FL 33143 MARIA HORTENCIA VELASCO ROGER MAURICIO COLL 10050 NW 44 TER #107 DORAL FL 33178 LEE R PERRY & JANICE P DANTZLER 6221 SW 62 TERR MIAMI FL 33143-2174 JESSE L WILLIAMSON 331 EMMERSON ST NW WASHINGTON DC 20011 2 L-2174L(72 LABELS) (ORIGINALLY 107 NAMES) JANICE P DANTZLER 6221 SW 62 TERR SO MIAMI FL 33143-3403 JUAN CABRERA &W MAGDALENA 5625 SW 62 AVE MIAMI FL 33143-2107 KENYA 0 FERGUSON 6041 SW66 ST SO MIAMI FL 33143-3423 BERNICE MCDONALD 6021 SW66 ST MIAMI FL 33143-3423 TEVIS 0 SACON 6001 SW66 ST S MIAMI FL 33143 LARRY D BURKES &W MARCIA 6530 SW 60 AVE SO MIAMI FL 33143·3403 STEPHANIE GRANT 6531 SW61 CT SOUTH MIAMI Fl33143-3410 . RUBY A TURNER JONES 10781 SW 168 ST MIAMI FL 33157 . RICHARD REDDEN 6124 SW61t TERR MIAMI FL 33143-3408 DORIS MILLER 6100 SW 64 TERR MIAMI FL 33143-3408 SCHOOL BOARD OF MIAMI-DADE COUNTY 1450 NE 2 AVE MIAMI FL 33132-1308 MIAMI-DADE COUNTY MIAMI-DADE HOUSING AGENCY 1401 NW7 ST MIAMI FL 33125-3601 3 ; j $I 1 ~1 tivv I l.J.lj > < ~~ I;~ ~~ iiii I 12 ~I~~ 00' N Graphic Scale S.W. 2C f) "0 ~ ~-I ?~d :SOU.DARY 9'O'RVRY f' CIWH I..N( FtNC£ 66 t h ? .q.~ LDT-7 BLOOH LOT-8 BLOCK-2 VACANT LOT 'if ALLEY LOT-2D BLOCK-3 LOT-21 BLOCK-4 LAND AREA; ±6,DOO sq. ft. ±O.14 acres ST. 1:&00'1 LOT-9 BLOCK-2 CERTIFIED'TO: LOT-22 BLOCK-4 -MIAMI-DADE AFFORDABLE HOUSING FOUNDATION, INC. -FIRST AMERlCAN TITLE INSURANCE COMPANY -RENNERT VOGEL MANDLER & RODRlGUEZ P.A. (NOT TO SCALE) LEGAL DESCRIPTION: Lot S, Block 2, of FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded In Plat Bool< 5, at Pege 34, of 1I1e Public Records of Miami Dade County, Florida; Less beginning at the Northwest comer of said Lot 8; thence Easterly, along the North line of said Lot 8, for a distance of 2,50 feet; thence Southerty, along a line 2.50 feet East of as measuracl at rtght angles to and parallel with the West line of said Lot e, for a distance of 0,96 feet to a pOint of curvature of a curve to the left having a radius of 1975.00 feet, thence Souther1y, along the arc of said curve through a central angle of 1 21' 19", for a distance of 46.72 feet to a point on the Sou!h line of said Lot 8; !hence WestertY,along said South line, for a distance of 3,05 feet to the Southwest comer of said lot 8; 1I1ence Northerty, along the West line of said Lot 8, for a distance of 47.67 feet to the Point of Beginning. Pancel Identification Number. Q9.4025-01 0-0090 iUU *0~*fa® ~ Ilhlli I H II ®13 6· I I< ", ~ ~ '> W .rr: '" ~ .,... ~ ~ ill n ~ O"e " ~.~~ ~~t:~ :J i ~<~~,5 0 , ill £ ~ ~ ;!! ~ -tLoODZOf.l'E: ORDER. NO.: h1-100ss AEt.D BOOK: "FILE" PROPEATY AOA~ DATE: FEB. 2(),2012 UPDATE: I MSRe'r CeRTIFY: TJ-'.AT TH;S [lRA'WI1'<G i1:&'fi.f:::'EI{fS 1Hef:tiru.r Of t. s.;.~!;y O!" T~ ~nH!N OCSC~SE;) ~(,Pfm A.>€J ir.'$ O?.J:.WlIioG t. ... J,l \::1»P su<..,~y w!!.~ ~f'A.W::: l'lY Mi:. 0>: UN:;:'f.:;.~m ~)lR,;CnON,. rHr:~ AJ'E N:l Et~Cf<Dt.C;q'rons·~ .. 'l'lu:sS SHCr'o'tJ :U-IF.Rf.,:>!<t "" i .. 'THIS SURVEY X!ES N~T 9.Efl..;!{.":' o;t OCru~INE CWN~. EXAf1!IXATfCN GF' TNE ABSTRACT Of "TI'V: Will. !-<.AVE: TO &~:f~A.C!; TO mERHINe: RECO.1O-ED INSTRlNE.'l!TS. I:' ~N.'f, .... ff'1:'t.'TIi...:; 'THE PROPS'f'{ 'THIS SlR'/EY IS SLSJt;Ci::O PEO!C:.TlOOS. ~J"1!TAT;ONS. RESTrucnCt..s. ,*SER'It.r.iICNS 00 ~$*,~~. USA!.. tEsCKtF'TI~S f'rnlortO £lY O.J~hlT 0.0;: Ai"TeST:>.l(; TITL::: e:OKf'AN\', UM!,ESS -Oi:rlf.RW:S1:' M."lT~n, NI~ F!:<% HAS NOr AN ATTEMPfC TO \'~TE!l.$:.W~ ",NO,(;R F~ATIONS .. W:~T 'its;m.E. ENCROACHMENTS weRE F::1<.JNn ON ihE ??O."CRT";', ~ ~ , If SNOIUN asVATKlNS MI;. REOF~RhW m ~"i;LY,~ 1929 BalCfi MI!RI< \.ISE!) No. P-I.MI;, t.0Ct..10R .. 00:.111. \11!';'N ftEVATlC~j: =$2' 6501 S"W. BD AVENU:: SOlJn~ M:;r....MI, FL 33143 Foo: M~AMi-DADE AffCRt~l.E l';OUS~NG fOUND;,TON. INC,,-___ -l ATl.,MmC SERVICES or ft.{;R!!)A 334; SJN$£1' l)R:vE:. MIAMI FL ~~.:.! 'rEt: (3C;5} 59:6¥Da05 fAX; (:'!Y.:) 59(:-09,9 L,321:>77 / 'I 0600-0 ~o-SZOl'-60 "ON 0,"'/)3 NOI1110NnO~ !lNISnOH a1S'IOHOH' 30'10 IW'IIW "MO &I>'U:& 1.:1 'IWVIW 30N3J\V H~09 MS ~OS9 '''''00'1 S3f1110H N33H!> IHHOflil 'I? ~H'lfOIlJ ""'N lWood W f-' o Z W f-.' ~ a: w }- (f) Vi ~ « z « z o f= ~ ,', ~ ::"." > W o « CL (j) o S ()11~-scr.--S(jr s':';;::':wo ::IV :CN ]SN3:wJ 91.i~l "U ,l'IV11'I 3mlj/,'r'GOl/AS iPSo 11111 '11IHn, N311,US ...J ~ UJ o (!) z f= z « -' Q. CJ) ::J 0:: I (f) z ::5 CL z o ~ o 0, ...J.'