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South Miami t,Od CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM fijir' To: The Honorable Mayor and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager fP From: Christopher Brimo, AICP .'If / I Planning Director ~ ITEM NO.ft Date: July 24,2012 SUBJECT: A Resolution related to the request for a variance from Section 20-3.5 of the City's Land Development Code; requesting a variance of eight feet four inches (8.33 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 REQUEST The applicant, Miami-Dade Affordable Housing Foundation is requesting a rehearing of this variance due to an error on the part of their surveyor. The applicant is requesting approval of a variance for lot frontage in order to construct a new affordable single- family residence on a vacant lot located at 6501 SW 60th Street. BACKGROUND On April 3, 2012, the City Commission reviewed and approved a variance of six (6) feet from the required sixty (60) foot lot frontage, by a" vote of 5 -0; under attached Resolution No. 77-12-13634. The survey indicated a fifty (50'-0") foot lot frontage and a four (4') foot alley that totaled a fifty-four (54) foot lot frontage. When the applicant submitted for a building permit following the ERPB review, it was determined there was a discrepancy between the permit survey and the approved variance. At this time, the applicant submitted a revised survey that notes forty seven feet eight inches (47.67') and a four (4') foot alley, for a revised total of fifty-one foot eight inches (51.67') of lot frontage where a sixty (60) foot lot frontage is required. Also, attached letter from the Miami-Dade Affordable Housing Foundation, dated May 14, 2012 clarifies the error on the part of the surveyor and justifies the request for a rehearing. On June 19, 2012 the applicant went before the Planning Board (PB-12-21), 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. 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 2001 new LEED Silver certified, aff01~dable single family residence. The City's Land Development Code requires any new construction to meet the zoning standards for the particular district where it is located; in this instance, within the RS-4" Small Lot Single- Family Residential District. The applicant in a hardship letter claims that the substandard size of the property prohibits the use of the property. The 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. 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. APPLICABLE REGULATIONS (see below) • Land Development Code Section 20-3.5(E) STAFF OBSERVATIONS Dimensional Requirements 1. The variance is necessary to relieve particular extraordinary conditions relating to a specific property; The requested lot frontage variance is necessary to use the property. 2. Denial of the variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory or unduly oppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions; A denial of the variance would be an oppressive hardship on the owner by preventing the property from being used or built upon. 3. The extraordinary conditions and circumstances do not result from the actions of the applicant; The property was a non-conforming platted lot of record prior to being transferred to the current owner. 4. The requested variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure; The granting of the requested variance is the smallest possible and the only ones necessary to allow for the reasonable use of the property. 5. That the approval of the variance will be consistent with the general intent and purpose of the Land Development Code, and will not be InJUrIOUS to the . neighborhood or otherwise detrimental to the public welfare. The approval of the variance is consistent with the City's objective to provide affordable housing within the Community Redevelopment Area, and will allow a vacant property to be used and for the City to receive property tax and other revenues. In addition the proposed use is the type of use consistent with the RS-4 zoning district and will be 2 compatible with the abutting and surrounding properties. These o~jectives 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 re-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 3 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 eight 5 feet four inches (8.33 feet) from the required sixty (60) foot lot frontage, to 6 construct LEED Certified affordable housing on a nonconforming lot of 7 record in an RS-4 zoning district. 6501 SW 60th Avenue, within the City's 8 Community 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-12-021 was submitted to the Planning Board by 19 applicant Miami-Dade Affordable Housing Foundation; said application requesting approval of a 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 22 51.67 feet of frontage where 60 feet is required, on property located at 6501 SW 60th Avenue, 23 South 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 June 19,2012 meeting the Planning Board, after public hearing, voted 29 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 51.67 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, revised 4-25-2012, 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 PASSED AND ADOPTED this __ , day of ___ , 2012. 10 11 12 13 14 15 16 17 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: 18 Commissioner Newman: 19 Commissioner Harris: 20 Commissioner Welsh: 21 CITY ATTORNEY 22 23 24 \ City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida'33143 Telephone: (305) 66~-6326; Fax: (305) 668-7356 Application For Public Hearing Before Planning Board & City Commission . . ~ ~ L Address of Subject pro percy:05"OI 51)} Uc?~ Meets & Bounds: Lot(s) ~ Block t.---Subdivisionrv~{l£......_ PB - Representativ*"vL, !L1 ctl1l1 (r-~ U Organization:"/ ./ Address: U Phone: ., ( ArchiteCtiEngineer:Pt. . Phone: ) , .. .J' 30$ 30i.:t --3CA"./C'. I :cmnr.S clf(.x-& () 0 .j AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: iLOwner _Owner's Representative _Contract to purchase _Option to purchase _TenantiLessee APPLICATION IS HEREBY MAD!:: FOR THE FOLLOWiNG: PLEASE CHECK THE APPROPRIATE ITEM: _ Text Amendment to LOC _ Zoning Map Amendment _ PUO Approval _ PUO Major Change " '.- '>( Variance _Special Use _Special Exception _Other 0Naiver of Plat) -Briefly explain application and cite specific Code sections: Section:__ Subsection:__ Page #: __ Amended Oat;'J: __ _ SUBMITTED MAT~RJALS PLEASE CHECKALL THAT APPLY: :L Letter of intent f Justifications for change _ Statement of hardship L Pr.oof of ownership or letter from owner ':-'" Power of attorney ~ Contract-to purch<1se X 'Current survey (1 origin!,l1 sealed and signed/1 reduced copy @ 11" x 17") . L 15 copies of Site Plan and Floor Plans 1 reduced copy @ 11" x 17" ~ Affidavit-Receipts attesting to mail . notices serit -{w. " )( Mailing labels cPsets) and map _ Required Fee(s) I The undersigne has read this completed application and represents that the information and all submitted materials are true and co'"ct to the ,t of the applicant', knowledge and b~~ ¥UHlX y /1 /t-- Applica 's Signature and title rin Name / Date Upo receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other ap icable regurations. Applications found not incompliance will be rejected and returned to-the applicant. OFFICE USE ONLY: Date Filed -----Date of PB Hearing ______ Date of Commission ____ _ Petition Accepted _____ ...,.--Petition Required __ _ Method of Payment 4/16/09X:\Forms\PB Application for Public Hearing (Revised 2009).doc RESOLUTION NO. 77-12-13634 A Resolution related to the request for requesting a variance from Section 20-3.5 of the City's Land Development Code; requesting a variance of six (6) feet from the required sixty (60) foot lot frontage, to construct LEED Certified affordable housing on a nonconforming lot of record in an RS-4 zoning district. 6501 SW 60th Avenue, within the City's Community Redevelopment Area. WHEREAS, the Community Redevelopment Agency donated and conveyed the title of the property to the Miami-Dade Affordable Housing Foundation to construct a new LEED Silver certified, affordable single family residence; and WHEREAS, the property is a non-conforming lot of record requiring a variance in order to construct the new single family residence; and WHEREAS, application No. PB-12-007 was submitted to the Planning Board by applicant Miami-Dade Affordable Housing Foundation; said application requesting approval of a variance from Section 20-3.5(E) to permit the construction of a new one-story, LEED (silver) affordable single family residence withih the City's Community Redevelopment Area to allow 54 feet of frontage where 60 feet is required, on property located at 6501 SW 60th Avenue, South Miami, Florida, within the RS-4 zoning district; and WHEREAS, the approval of a variance requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, at its March 13, 2012 meetirg the Planning Board, after public hearing, voted 6 ayes; 0 nays to recommend approval of the variances requested; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The recitals set forth in this resolution are true, that they are supported by competent substantial evidence and that they are incorporated into this resolution by reference. Section 2. That the subject application submitted by applicant Miami-Dade Affordable Housing Foundation, requesting approval of the variances from Section 20-3.5(E) to permit the construction of a new one-story, LEED (silver) affordable single family residence on a vacant lot to allow 54 feet of frontage where 60 feet is required, on property located within an "RS-4" Single Residential Zoning use district, specifically located at 6501 SW 60th Avenue is hereby granted Pg. 2 of Res. No. 77-12-13634 Section 3. If the variances are approved, then the approval of the requested variances shall include Exhibit A, Site Plan by Architect Steven Luria AlA, dated 12-10-2011, for proposed rel'idence at 6501 SW 60th Avenue is incorporated herein. Section 4. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 3rd , day of April, 2012. ~~ CITY CLERK APPROVElJd, ~[fLA MAYOR COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea MIAMI-DADE AFFORDABLE ~' HOUSING FOUNDATION, INC. MIAMI·DADE AFFORDABLE HOUSING FOUNDATION, INC. May 14, 2012 Christopher Brimo, AICP Planning Director Planning and Zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: Variance request for 6501 SW 60th Avenue Dear Mr. Brimo: Miami-Dade Affordable Housing Foundation, Inc. hereby requests a variance from Section 20-3.5 of the Land Development Code in order to allow for the construction of a one-story, single-family home on property located at 6501 SW 60th Avenue, within the IlRS-4" single family residential zoning use district. The variance request is to allow a 51.67' frontage where a 60' frontage is required. Properties in the plat which was recorded in 1918 are non-conforming. Although a variance from the frontage requirement was recently granted by the City of South Miami, we need to amend our request due to an error in the earlier submitted survey of the property. We had been approved for a 54' foot frontage, but the revised su'rvey now reveals a 51.67'. 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, 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 PI 6601 City of South Miami -Location Map PB-12-021 -Variance 6501 SW 60 th Avenue C> C> N Property Information Map Property Information Map Aerial Photography -2009 My Home Miami-Dade County, Florida o _112ft This map was created on 317120124:16:55 PM for reference purposes only. Web Site © 2002 Miami-Dade County. All rights reserved. Page 1 of 1 http://gisims2.miamidade.gov /myhome/printmap.asp?mapurl=http://gisims2.miamidade.gov...317/20 12 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 /314 day of February, 2012 between City of South Miami Community Redevelopment AgeIlcy, 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 l"efened 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 lahd 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, ofthe Public Records of Miami-Dade County, Florida; LESS beginning at the Northwest corner of said Lot 8; thence East¢rly, along the Nortb line of said Lot 8, fora 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 ofsaid Lot 8, for a distance of 0.96 feet to a point of curvature of a curve t(J the left having a radius of 1975.00 feet; thence Southerly, along the arc ofsaid 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 tbe 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 bedrooml2 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 hOl.lsing 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. b. c. d. e. ::} Low-income (in accordance with HUD guidelines) SMCRA residents; SMCRA residents whose family income is 120% of HUD guideline, or less, for median income families; Low-income (in accordance with HUD guidelines) City of South Miami residents; City of South Miami residents whose family income is 120% of HUD guideline, or less, for median income families; City of South Miami Role Models, as defined by the South Miami Community Redevelopment Agency's Role Model Program, as amended, which program is incorporated by reference into this Deed and whose income is equal to or less than 120% of I-{UD guideline for median income families; t South Miami Community Redevelopment Agency Referrals whose income is equal to or less than 120% of HUD guideline for median income families; g. City of South Miami Residents whose income is equal to or less than 120% of HUD guideline for median income families; h. Miami-Dade County Residents whose income is equal to or less than 120% of HUD guideline for median income families; and i. General Public whose income is equal to or less than 120% of HUD guideline for median income families. The Agency Shall have the sole discretion to resolve any conflict 'in the prioritization of applicants . 2. The Developer shall commence work on the Improvement and complete construction within twelve (12) months from the date of this deed or one hundred eighty (180) days from the date of issuance of a building permit from the applicable authority having jurisdiction, whichever is the shorter period oftime. Page 2 of5 3. Promptly after completion of the Improvements in accordance with approved plans and provisions of this instrument, the Agency, upon receipt of a Certificate of Occupancy from Miami-Dade County and the completion of all repairs and ~arrantee 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 pennitted by law and equity, for the benefit and in·favor of, and enforceable by the Agency, its successors and assigns, and any successor in interest to the propertY,or any part thereof. The Agency shall have the right in the event of any breach of any such covenants, to exercise all the rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of covenant, to which it or any other beneficiaries of such covenant may be entitled. 5. The Developer (or successor in interest), shall pay the real estate taxes or aSsessments on the property or any part thereof when due. DEVELOPER shall not allow any levy or attachment to be made; or any lien or any unauthorized encumbrance to be recorded that is not transferred to a bond within thirty (30) days of the levy, attachment or its recording in the public record other than for the following: a. Any mortgage(s) in favor or any institutional lender for the purpose of financing any hard costs o~ 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:refinancingany mortgage of the character described in clause Ca) hereof, in an amount(s) not to exceed the value of the Improvements as detennined 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 or American Institute of Real Estate Appraisers ("MAl"), (or member of any similar or successor organization), stating the value of the Improvements is equal to or greater than the:amount of such mortgagees), shall constitute conclusive evidence that such mortgage meets such requirements, and that the right of any reentry hereunder shall be subject to and limited by. and shall not defeat. render invalid, or limit in any way; the lien ofsuch mortgage. For purposes of this paragraph an "institutional lender" shall mean any bank, savings and loan association, insurance company, foundation ;o[ 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 ,Agellcy in accordance with the terms and conditions of this deed. All mortgages issued by the DEVELOPER as mortgagor shall provide that the AGENCY shall be given notice of any event of default under the terms of the mortgage or mortgage note within 20 days of such event. [n 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 horne, and issuance of a Certificate of Completion andlor 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 1.5 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 bya third-party that has provided financing in connection with the development of the Property, for an amount equal to the tax assessed value of the property_ The deed re-conveying the Property shall only include the same title exceptions contained in the title policy issued to the Developer upon the initial conveyance of the Property to the Developer. In case of the failure of Developer to perform any of the covenants in this deed, at the option of the Grantor, this Agreement shall be forfeited and terminated, and Developer 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 inlprovements 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 re-convey the Property, the Grantor may seek specific performance to obtain the re-conveyance of the Property without waiving its right to automatic reversion oftitle of the property to AGENCY by way ofthe reverter provision set forth hereinabove. All of the provision and covenants contained in this deed shall survive the closing and transfer oftitle 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 •. STATE OF FLORIDA ) ) SS COUNTy.oF MIAMI-DADE ) Grantor City of South Miami Community R~ev'~lo .i;···:"·;~~)"(·· By:,.... c.' .. ,.sEAL ' ..... ··,J>~: .. p~KStoddard;·as·Chairperson I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknOWledgments, personally appeared, Philip K Stoddard, the person described in and who executed the foregoing Warranty Deed between City of South Miami 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 affmned). . ,. WITNESS my hand and offi.Cfalseru in the County and State last aforesaid this (1 iA day of February, 2012. . .. ~i~~'i$~y NKENGA.A. PAYNE . :f .'," M\' COMMISSION # EE1333e2. ~. i. EXPIRES October 05, 2015 -.. 1, Page 5 of5 AGRJJ;EMENTnE'1'WEENDEVE.t;OPER AND ' .. '. ·;rHECl'rY·OIt'SO.OtI;lMXAl\1:!· GQlv.riYJt1NITrl~r>):ii~lA):rNiENT:AGENCY 1~JX$4Gn:-a~MENris.JWld¢tbis 1f!:-. day of November, 2011, between the SoudrMl~lnfC()n1fhtiUltylttdeyeLq.pinent Agency (fCAGENCY") and Mlami~Dade Affom€iQI~'t;foustn~::F9:~~qa:ti<>'hJJnq,..· (liD EVELOP ER"). • ... i. ·waE~AS;,,·tn~A,~$NCYrand tIle DEVELOPER gesire for the t 'DE¥~Q~J$RlJ'tQo:6t~1n~4J ,CQJ.is4!l1ct.ttm:flnancing; to design and build the homes to !~ti:!~::l:~:~~~::~:;;!1~~~;~~'li::~~!~~~~~;~~~:r~~.iu. tJ!g];~l~fi~i'WQl~mg;<1tgWii1g~AP~\:spepiflctltlol1~;~tq .q~fAhlmllneoM8nw~~miUs't:Qi' ,t~e'c~~~~f~lJpl~Q~"~f:!~c~i~~l6.t~mf~~;~l§l~9:p~¢~(lh?$!9¢.i?t~~#~~q~~~~~trfi(ftt1~ ..... . '$xbJbit}·~>f~tW~"Rq~(:th~'h'()U1~;iitQ);P~Q\1!d.~ 1,'WP1:SMGRA.·~~~:Pt1Y~lqpm~ut:Elan ~pptQ~~~l.trQ.¥:~b1il:ef'st.t;~lY.tq~~~alifie4~(lX~~~~~] '~nhccounsen9J~f~~g:~p:l~~$1$t;· 'l;io:t~nJ,l,!il ijil¥:e,1·4·;Iu!qpatif.YlPg,f9i;~l,J!b~J4i;~~~a-ndl1na~qltJg;ftQln;1$ndin~:Jfts~i~~ti§q~ tbr.;p,erman,e.p~:,fl*,@g.~Qgtlnd.JQ,'do!Jl»~thJng~ necessary to complete constmction of ~1l~9:t;th~ht:mle;sih;'ql1~*-tU~a{~m<ftbseU *~';ij.omes toSMGRA qualified buyers; and . '. WHEREAS, AGENCY qualified potential buyers wiH be selected in accordance with applicable Federal, State, County and local laws and guidelines; and; . WHEREAS, AGENCY has elected to enter into this Agreement with the DEVELOPER to provide affordable hOllsing to AGENCY residents; and ... c~A8llli~:)})i¥:ePiO~m l?rdPo~~~{t§i#~lis.b:u~<ii~1mti1es'~Q~(b~1,;(~pe~ty. :eotl~~(lng;Q~~jb~le·rinl'inY1'¢~I5fijlj(i~rhome!tqg~~ft~twm~.~~1J:~qpPJU~ten~n¢~~; ..... . ~~;~f~~~~~~~~A;:::;~f~~~~ii~f~'£~l;~~~!~A~~~~~z:ijE:~~~~,~~~~,. :iftlcf .... . . . ...... .. :~~-m~~SJilie!b~YEJ.;QP~Ith~~nlgreed to construct the affordable home w'itfr tll~~~.~~~m~'4t~q:sal~s:'1»):!.c~JQ~".~a~hJ1Qme not to exceed Two Hundred Five Thol1s:ml{f.;Jqpli.9X'$ (:tZO$:,OOOiOO)prd,()$(ph1fi five percent (5%), whichever is the 1~~ranmuntf'Wf4' " Page I of J4 1fI: Agency •. ··· ..• ·'DEVELOPER " ~ ". 'WHEREAS. the DEVELOPER agrees to perform the covenants set forth in the Warranty Deed, the form of which is attached hereto as Exhibit A. The D~VJ14Q:g~R~ncl~nyafrot(lahiehQusihg purchaser shall be obligated to comply 'wH411~t;\Q13NQY q~~d.re$trictibn'J~qUiring that the property shall be purchased by 'st:)me:Ohe'Who:s¢'~Q'ti~YJi~lq,h~$I.~,~miug:atol' less than ,120% of the A vel'age Median :hi<::pm~~$,:¢sfabl1shed:l:>)ttInlt~Q~~a~~~ J),epartment of Housing and Urban Development ("}IUD") fOl: Miami-Dade County (as set forth in Exhibit F 01' as amended by HOD) and as adjusted for the size of the purchaser's family, for affordable housing purchasers and who shall hel'einaftel' be refened to as "SMCRA Qualified Purchaser", In addition, the DEVELOPER agrees that any sale or resale of tho property ovel' the next 15 years shalll'equil'e sale to a subsequent SMCRA 'Qualified Purchaser whose 110llsehoJd has earning at 01' less than 120% of the Ayex~~edvledrattiI19Qln(;}'~~ established by HUD for Miami~Dade County'based on th~;tMlr,~~t~t1t)g}HtJl)'ln'(:qme guideline, or, if none exists at that time, then as set forU)J,t}:~~Jj~Jj!t;.v~;,a~d:w1iQ shall hel'einafte,1~'P~i;te.fe-tt~d~.1P"a~ ~tCfSob:se4ue1'it: SM@RA,~!J,~U1{¢4l?"t~h~,ser". Bowevelf$'s1toll'la.,~p.§.~()tlj.~ Ptj;~WJi~~:p)"Sbb.sequent SM~~pilIlied ~ti~fia.ser for 15 con:?'~Im(iv~:y~al's);:the,;qu:aJ~figaijf(ordij1ile hg\J~il)~],p:\ttQh.~,$f;)~·$lrallatltoLnaticaHY be released from this restriction, NO~/J1~M}lQ~i;;ln;,qQMla¢f:atl()n;pft4e covenants, mutual promises and Jp;,:Qpn~taiwRtioh:,o(i,~,p~~:g;~~t'pJP'~~;;Q~d';:~ilil vatuable consideration which are to be ~!q;Qk,q~J1¥~i~di:to>fhejN~~mftJgj'iifj~[cmq~il?U\h(r sufficiency of which are heriib.;a¢l(ft6Wled'e(fthe ,'lif's;i Wt'ee;lf\:folf"Ws'$ ,¥ "/"",,,JL~ ",' ,p~ e ~,Ii¥'.:l",Jt",~ Section 1. Recitals-Whereas Clmlses. The parties acknowledge and agree that the recltals contained within the I<whereas cluuses", as set forth above, are true and correct and that they ,are hereb¥i.jn¢:~tPQr4ted by l'eference into this Agl'eement. -The following list of documetit$;'~half;~~prlse the Agreement between the parties .'and shaU constitute, coIlectiv~JYi;:tJi~},"~Qblrn~,t Documents": This Agreement; Wammty Deed in the form as found in Exhibit A; Pel'formance and Payment Bond in the for form as found in Exhibit B~ Legal description of the parcel found in Exhihit C; Project drawings, plans, specifications and schematics descl'ibed in Exhibit 1) .. 1, D~2 nnd D .. 3 as may be amended in conformity to tbis Agreement; Insurance requirements found in Exhibit E; United States HUD (hereinafter referred to as "HUD") Affol'dable Income Guidelines as found in Exhibit F, Page 2 of]4 .pfl Agency ar-DEVELOPER r I .. ( ~ection 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 sjngle family home fOl' a qualified affordable housing recipient for each of the properties listed in Exhibit C. The . Agency agrees that the lots shall be vacant of all structures at the time of conveyance to the DEVELOPER. The AGENCY shall transfer title of the lots to the DEVELOPER by warranty deed in the foml as found in Exhibit A. In the event that there is a defect or cloud (hereinafter refel1'ed to as a defect) 911 the Agency's title to any of the propelties, the Agency shall have 90 days (hereinafter referred to as the "Cure Period' i) to cure the defect. In such event, the Developer's time for developing the property in question shall be extended by the number of days between the date of this Agreement and the date that the DEVLEOPER is notified, that the defect has been: cured. If the Agency fails to cure the defect within the Cure Period, then this Agreement shall thereby automatically be amended to delete the property with the defective title from the list of properties found on Exhibit C; Upon the failure of DEVELOPER to build a fully completed home, fol' which a Celtificate of Occupanoy has been issued, on each lot within the sc.heduled tinie, asset forth in tbis Agreement, or as amended by the AGENCY ·in writing, the AGENCY shall have the right to cause DEVELOPER to re-convey the lot in question with and including any improvements thereon, and the warranty deed shall pl'ovid~ for such 'condff1on:;~DponsuCh i'ewconveyance, whether volUlltarUy or involuntarffy, ti:ie·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 cont.ractorchosen by the Agency for the completion of the project, and to hold hat'mless 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 pl'ovideconst11lction sel'vices to accomplish the completion of construction and improvements of the residential homes to be located on the Properties in accordance with the approved building plans, and in accordance with the floor plan, front elevations and specifications set forth in Exhibit D-I, D-2 and 0-3,01' 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 ,,,,,,o"'·Departmellnrnd its Building DepaL1ment, 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 AGENCYpays for the cOst of redesigning thy home for this [ott from a three (3) Page 3 of 14 jJ{[ Agency O:¥= DEVELOPER bedroom, two (2) bath to a two (2) bedroom, one and one half(I-1I2) bath. The Improvements shall be constructed in accordance with plans and spe~ifications (attached as Exhibit D-1, D-2 and D-3), and as may be amended, The Development Plan, as well as the plans and specifications, must be approved in writing by the AGENCY before the warranty deeds are executed and recorded, In the event that the Development Plan, or any of the building plans and specifications) is not approved by the AGENCY in its sale and absolute discretion, then the AGENCY, at its option, may terminate this Contract withoutincurl'ing any liability to the DEVELOPER. S(!ction 4, Sale of Homes. The AGENCY shall convey the parcels identified in Exhibit C; provided DEVELOPER covenants to immediately selJ the home, upon completion ofconstl'uctlon, to a SMCRA Qualified PUl'chaser. Section 5. Term. The construction of the residential home on each lot shall be completed within twelve (12) months fi'om the date of this Agreement or within twelve (12) months of the date ofthe delivery of the deed for the lot in question, whiohever is the greater amount of time, or one hundred eIghty (180) days from the date of issuance of a building permit for said lot fi'om the applicable allthol'ity having jurisdiction, whi' ~'!{:v ':li'tJl~~web~~\~~f&)\months or the one hundred'eighty . ;.,. (UfO) dayS} is tn ·';"'''''>lC?}~;~9I~~:tiin~tTrpt)n th'eexpfl:ition of ihis scheduie, any'" land cQnveyed tofJ?~~ .. :,.J~l.t:tC9)vWljjW1the DEVELOPER has not constrlicted a singiewfamily home in compliance with this Agreement shall be returned and fe- conveyed to the AGENCY so as to be made available foranothel' AGENCY affordable housing project. DEVELOPER agrees to USe its best efforts ~ocomplete the Project within the schedule. In the event thePl'oject is notcOlnpleted within this time frame, and the ,schedule is not extended by the AGENCY, this Agreement shall. terminate without any lhtbility to the AGENCY. In such event, the DEVELOPER shaJll'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 of the Performance Bond, which is attached as ExhjbitB. Section 6. Compliance with BuiJding 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"cUm!" T. A.l'nelfdments. Anj"ilinendffients', aIierations, or vat;ifii!ons io~ihfs Agreement will only be valid when they have been reduced to writing and duly signed by the parties. Page 1\ of 14 tflifL Agency ~ DEVELOPER Section 8. Limitation of Liability, The AGENCY desires to enter into this Agreement only ifin so doing the AGENCY can place a limit on the AGENCY's liability for any cause of action arising out of this Agreement, so that its liability never exceeds its maximum potential monetary contribution of the current tax assessor's valuation of the property. The DEVELOPER expresses its wiHingness to enter into this Agreement with recovery fi'om the AGENCY for any action arising out of this Agreement to be limited to the value of the property provided by the AGENCY, and/or the return of the property· in substantially the same condition as provided to DEVELOPER. Accordingly, the DEVELOPER agrees that the " AGENCY shall not be liable for any claim or damage in connection with the Project in eXcess of the ~OENCY's maximum potential monetary contribution as provided under this Agreement, for any action or claim arising out ofthis Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waivel' of the UmitatiOll pl~ced on the Agency's liability as set forth in Chapter 768, Florida Statutes. Additionally, the Agency does not waive sovereign immunity, and no claim Ol',ftwal'd against the Gity shall include attorney's fees, investigative costs or preNjudgmentinterest. Section 9, Continued Compliance, Aftel'any payment, if any, is made by ... the Agency and applied according to the requirements set fot'th in this Agreement, ...... . "'ffi6"Agency Sh.al1lJ6" autorn'aticruTy discharged from any °andaTIobllgatlQns, lhi5fllties'~" and commitments to DEVELOPER or any tbird person or entity provided, however, that this Section shall not ex(mse the continued compliance by DEVELOPER with the tel'ms of this Agreement and the program requirements. Section 10~ Right to Reenter and Take Possession of thePl'opertx, The AGENCY has the right, at its election to take possession of the Property with aU improvements thereon and terminate the Agreement jf the DEVELOPER: (i) Fails to start construction within thirty (30) day following the issuance of construction permits, (ii) Abandons 01' substantially suspends constlUction tor a period of more than 30 days', A delay caused by force majclu'e or by a subcontractor or supplier shall not be included in the, calctdation Qfthe 30 day period, provided the delay of the subcontractol'or slJpplier is not due" in anyway, to the fault or .. -'i1egligen ceoftlie DEVELOPER.' ,. "··-,h i , •• ",~. 0.,,-•• " , "..-,., •• C". , , (iii) Fails to cure a violation of the Agreement within 30 days after . \'eceipt of notice to cure Ot· notice of defalllt sent to it by the AGENCY. Page 5 of 14 P/{f " Agency ~DEVELOPER :1 I I ! I,' (iv) Fails to apply for building permits for each lot conveyed, from all applicable agencies, witbin 30 days after the effective date of this Agreement ol'within 30 days ofthe date of the delivery of the deed for said lotI whichever is the greater amount of time, (v) Fails to complete construction of each lot within twelve (12). mOJlths of this Agreement or within twelve (12) months of the date ofthe;i delivery of the deed for said lot, whichever is the greater amount of time or one hundted eighty (180) days after receipt of the construction pennits for the applicable Jot. SectioJl.l1 ... Rlsk dfLoss, Risk of loss by fire or other casualty shall be the .. ,', ,t, ", , __ . , _, '.,', j, ,). , ,~; ., >" ," •• '.~ .... _ .:h",~ . . DEVELOPER's and the DEVELOPER agrees to maintain adequate insurance for a sum 110t less than the full replacement value of the homes to be constl'Ucted, The DEVELOPER shall not commence work under this Agreement until it has obtained and submitted pi'oof 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 agentss~all be deemed inde~en~z~nl.~9ntractol's a~d ~o~.£\g,ents.~~_~meloyees 2f AGENCY , and shall not attamnny rIghts 01' benefits generally afforded AGENCY employees, Section 13. Re-conveyance Covenant. The AGENCY may terminate this Agreementandseek re-conveyance of the Property to such extent as may be necessary to protect itselffl'om loss on account of matters including but not limited to the following: " (0 Claims of lien against the Property 01' the DEVELOPER . ' regal'ding the Project provided stlCh liens are not bonded off as allowed by law within thirty (30) days of its recording, (it) Failure ofthe DEVELOPER to make timely payment(s) to subcontt'actors or suppJiers fot' materials or labor regarding th~ Project unless the DEVELOPER has reasonable grounds to withhold payment. ;:.: "-"'(Ui) Reasoiiabte'evidence 'thaT any-portion oIine'Project emmot be completed for the unpaid balance of the construction loaft (iv) Failure to carry out any portion of the Project in accordance with the Contract Documents. Page 6 of 14 1Kf Agency t1f-. DEVELOPER .! 1 (v) Faihll'e 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 shorter period of time. Section 14 . .venue, Law and Attorney's fees. In the event ofa termination by the AGENCY, the AGENCY shall additionally be entitled to bring any and all legal and/or equitable actions in Miami~Dade County, Florida. in order to enforce the AGENCY's right and remedies against the DEVELOPER, The AGENCY shaH be entitled to recover all costs of such actions including a reasonable attorney's fee, at trial and appellate levels, to the extent allowed by law. In the event any suit or legal proceeding is brought for the enforcement of any provision of this Agreement, the parties agl'ee that the prevailing party 01' parties shall be entitled to I'ecover frol1'\ the other party or parties after entry of final judgment, pre~j\ldgment il1ld post- judgment attomeysi fees, including attorneys' fees for any appeal, and costs incurred in bringing the suit or proceeding, Any·action arising out of this Agreement shaH be brought in Miami-Dade County, Florida, and shall be subject to Florida law, :Section IS! Best Efforts on Construction Tlmetabl~, DEVELOPER agrees to use"lts'-best efforts'io cOlllpletethe construction on each of the lots being conveyed within twelve (12) months from the date of this Agl'eement or within twelve (12) m6nths of the date of the delivery of the deed for the lot in questioll, whichever is the greater amQunt of time; 0(' one hundred eighty (180) days from the date of issuance of a building permit for said Lot from the applicable authol'ity baving jUl'isdiction, whichever (either the lwelve (12) months or the one hundred eighty (180) days) is the shorter period oftime, In the event the Pl'Oject is not completed within this time frame, and this construction schedule is not extended in writing by AGENCY, this Agreement shaH terminate and title and possession of the pl'operty shall be retumed, by DEVELOPER, to AGENCY, Sectio1116~Representati0t1s~ndCoyenants, DEVELOPER hereby represents and warl'ants to the AGENCY the following: (i) DEVELOPER is a corporation duly organized, validly existing and in good standing under the laws·'ofthe'State ofFlol'ida. There are no proceedings or actions pending, threatened or contemplated against the DEVELOPER including but not limited to any action for the liquidation, termination or dissolution of DEVELOPER. Page 7 of 14 J!!-Agency -Y:f::-DEVELOPER , " 't, (ii) DEVELOPER shall apply for construction pel'mits within 30 days from the effective date of this Agreement or within 30 days of the date of the delivery of the deed tor said lot, whichever is the greater amount of time. (iii) 'DEVELOPER cov(}nants and agrees th'at it shall cause the Property to be developed in accordance with the building plan$ that are to comply with the f 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 aye!' the approval of building plans and the development ofpropeH;y. . (iv) DEVELOPER ::;haH complete COllstlUction of the home on each of the lots within twelve (12) months from the date of this Agreement or within twelve (12) months ofthe date of the delivery oftlie deed for the lot in question, whichever is the greater amount oftime, or one hundred eighty (180) days from;the date of issuance of a building permit for said lot from the applicable authority having' jurisdiction, whichevel' (either the twelve (12) months or the one hundred eighty (180) days) is the shorter period of time. . (v) DEVELOPBRcovenants and agrees that the Property shall be sold to SMCRA Qualified PUl'chasero,' (vi) Upon transfel' of the warranty deed to DEVELOPER, DEVELOPER agl°ees that any sale ofthepl'operty by DEVELOPER shall be to a qualified affordable housing purchase!') and the purchasers shall be obligated to comply with the AGENCY's deed restriction requiring the property to be purchased by aSMCRA Qualified Purchaser, and that over the following fifteen (15) yeal's~ any l'e~saLe of the property shallxequire sale to a Subsequent SMCRA Qualified Put'chaser. TWs provision shall survive termination of the Agreement. (vii). Wan'anty: The Developer shall repair or replace aJl work performed and materials and eqUipment fumished that were not perfonned in a workmanlike fashion or not furnished in ~cc()l'dance with the telIDS of the Contract and Contract Documents, and shall make good all patent defects thel'eofthat have becotne apparent before the expiration of one (1) year from the date of the issuance 'of the Certificate of Occupancy. Nothing contained in this Agreement shaJllimit the Agency from enforcing the warranty for latent defects discovered more than one (1) year following the issuance of the Certificate of Occupancy. If any part of the project, in the judgment of the AGENCY, fOl' the reasons above stated needs to be replaced, repaired or made good during that time, the AGENCY shall so notifY the Developel' in writing. If the Developer refuses or negle yts to commence such work Page 8 of 14 J!d... Agency ¥ DEVELOPER t I within five (5) days from the date of receipt of such Notice or once timely comrnenced, fails to continue to diligently perform the repair work, the AGENCY shaH have the work done by others and the cost thereof shall be paid by ('he DEVELOPER 01' its Surety. Section 17. Termination without,Cause. The AGENCY is conveying the. Property to DEVELOPER asPpalt oftheAGENCY's,program to produce residential property within the City of South Miami Community Redevelopment Agency boundaries. As patt ,of the consideration for transfer of the Property, DEVELOPER has agreed to build an affordable house, as previously defmed" on each of the lots being conveyed and to obtain a certificate of occupancy within tweJve(12) months from the date of this Agreement 01' within twelve (12) months (jf the date of the delivery of the deed for the lot in question, whichever is the greater amount of time, or onehul1dred eighty (180) days from the date of issuance of a building permit for said lot fi'om the applicableauthol'ity having jurisdiction, whichever (eithel* the twelve (12) months or the one hundl'ed eighty (180) days) is the shorter period of time. The DEVELOPER may be granted one extension of time. for no more than four (4) month, to complete construction upon delivery ofa written request to the AGENCY~Di1'ector before the time for completion has expired. The i'equest wiUnot be unreasonably denied by the AGENCY. In the evennhe DEVELOPER fails to construct a. residence and obtain the required Celtificate of Occupancy within the time required by this Agreement, the AGENCY shaH have the right, but not the' obligation, to cause DEVELOPER to re-convey the Pt'Opelty to the AGENCY, subject to any encumbrances against the Properly filed bY'a third-party that has pl'ovided financing in connection with the development of the Property. The DEVELOPER shalll'e-convey the pl'Opel'ty and provide the AGENCY with a marketable title.to the Property. The mat'ketable title shall not .contain any exceptions other than those exceptions containeil in the title policy issued to the DEVELOPER at the time of initial conveyance onhe Pl'operty. In case of the failure of DEVELOPER to perform any of the covenants in this Agreement, at the option of the AGENCY, this Agreement shall be forfeited and terminated, and DEVELOPER shaH fOl'feit any and all claims to the Pl'Opelty and the title to the property shaH revert back to the AGENCY. DEVELOPER shall have no right oi' claim fol' reimbursement for any expenditure incurred for the improvements made to 'the Property, All improYernentsmade under this Agreement shall be retained by the AGENCY in full satisfaction and liquidation of all damages slIstained bYI the AGENCY, and the AGENCY shall have the right to reenter and take possession of the pl'emiseS,and seek such self~help I'emedies as shaH place the AGENCY in exclusive possession of the premises to enforce the reverter clause provided for in this Agreement and warranty deed. If for any reason DEVELOPER fails, neglects or refuses to re-convey the Property, the AGENCY may seek specific performance Page 9 of 14 fY/ Agency ~ DEVELOPER r I I to obtain the re-conveyance of the Propelty without waiving its right to immediate and automatic I'eversion of the title to the AGENCY. This provision shall survive the closing and transfer of title to DEVELOPER. Section 18. Force Majeure. Neither party shaH hold the other responsible for damages or 'for delays in performance caused by force majeure, acts of God. 01' 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 cortditions affecting . performance, floods, epidemics, war, riots) stt'ikes, lockouts, or other industrial disturbances,ot' protest demonstrations. Should sllch acts or circumstances occur, the parties shall use their best-efforts to overcome the difficulties and to resume the work as soon as reasonably possible. Section 19. IndeRendent Contractor. DEVELOPER its empJoyees and agents shall be deemed independent contracto(s and not agents or 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 DEVE:LOPERshall be deemed sufficiently given, under the terms of this Agl'ee1ll.ent ifsent by facsimile transmission, e-mail, Ol' dispatched by;registered or certified mail, postage prepaid, return receipt requested, and addressed as foHows: If to the AGENCY: If to DEVELOPER: Director, Stephen David South Miami Conimunity Redevelopment Agency 6130 Sunset Drive Miami, Florida 33143 Fax; 305~668-7356 E-mail: SDavid@southmiamifl.gov Anne E. Manning 7300 NW 19 1h Stl'eet, #502 Miami F133126 Fax; 305-471-9750 E~mail: anne.man~ing@earthlink . .net Section 21. Purchasers. It is agreed that all qualified buyers shall be require sign a mortgage and note satisfactory to AGENCY and enforceable by the AGENCY, which shall require that the re-sale of the pl'Operty with the constructed Page )0 of 14 if!-Agency ~ DEVELOPER home listed on Exhibit C is restricted and all deeds to the qualified buyer shall contain the restrictive Covenants concerning re~sale provided in the DEVELOPER's deed and in accordance with the restriction provided in this Agreement for said deeds, The deed shall provide that any new purchaser shall satisfY the standards for ownership or occupancy adopted by the AGENCY, which shall ensure that subsequent purchasers meet the requirements ofa "Subsequent SMCRA Qualified Purchaser", as previously defined, . Section 22, Records and Costs, The DEVELOPER agrees to maintain books, records, documents and other evidence pertaining to aU costs and expenSes incurred and revenues acquired under this Agreement to the extent and in such detail as required by the AGENCY, The books and accounts, files and other records of the DEVELOPER, which are applicable to this Agreement, shall be available for inspection, review and audit by the AGENCY and its representatives, at all reasonable time, to detelmine the propel' application and use of all funds paid by, to or for the account 01' the benefit of the DEVELOPER. The cost of constmction, for the purpose of determining the sales pl'ice shall not exceed the folIowiii'g percentage of the total costs to build the homes: all pl'cconstruction costs shall not exceed t1u'ee percent (3%); aI1 costs generally associated with general conditions shall not exceed five percent (5%); all contingency costs shall not exceed tlu'ee percent (3%); and all other costs, ;including trades, subcontractors, bond and insurance costs shall not exceed eighty nine percent (89%) ofthetotalcost of construction, .(, Section 23. 'Indemnification. DEVELOPER shall indemnify, defend, save and hold harmless the AGENCY, itsofficel's; agents and employees, ft'olnor on account of all claims, damages, losses f liabilities and expenses, direct, indirect or consequential including, but not limited to, fees and charges of purchasers, engineers, architects, attorneys, consultants and other professionals and court costs arising out ofol' in consequence ofthG performance of this Agreement at all trial and appellate levels. Indemnification shall specifically include; but not Bmited to, claims, damages', losses, liabilities and expenses 81'isingout of or from: (a) the negligent or defective design of the Project an.d work of the DEVELOPER; (b) any negligent act or omission of the DEVELOPER, itssubcontractol's, agents servants or employees; (c) any damages, Habili lies, or losses received or sustained by any person or persons during 01' on account of any negligent operations by DEVELOPER connected with the constl'Uction of this Project; (d) the use or any impropel' materials; (e) any constl1lction defect including both patent and latent defects; (f) failure to timely complete the work; (g) the violation of any federal, state, or county 01' city laws, ordinances or regulations by DEVELOPER, its _.' ~,.,.s.ubco.ntrac.~ors, agents,ser.vaf.lts,-independent·contraCtbl:s. or· emplbyees;-(h) the" breach ot' alleged breach by DEVELOPER of any telm of this Agreement. Page II of 14 If . Agency DEVELOPER ~cction 24. Assignment. Neither patty 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 DEWLOPEl<-'s obligations under the terms of the Agreement. Sectio1l25 .. Taxes, Mortgage and Obligations. The DEVELOPER (or sU9cessor itihlterest), shall pay the real estate taxes or assessments on the property 01' any patt thereof when due. DEVELOPER shall not suffer any levy or attachment to be made, or any lien, or any unauthorized encumbrance that js 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 institutionallertdel' for the purpose of financing any hard costs 01'S9.ftcosts relating to the construction of the Improvements in an amount(s) not to exceed the value of the Improvements as determined'by an appraiser; and (ii)Any mortgag~(s) in favor of any institutional lender refinancing allY mortgage of the chal'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 mOl1gage purporting to meet the requirements of clauses (a)Qr (b) above, ofa statement ofvaltte 'by a lvlember of American Institute of Real Estate Appraisers ("MAP'), (bl' member of any similar ot' successor organization), stating the value ofthe Improvements is equal to or greater than the amount of such mortgagees), shall constitute conclusive evidence that such mortgage meets such· l;equil'emehts, and that the tight of any reeritly hel'ct,thder shall be subject to and limited by, and shall not defeat. rendel' invalid, or limit in any way, the lien of such mortgage. For purposes ofthisparagl'aph an "institutional lender" shall mean any bank, savings and loan association, insul'ance company, foundation or othel' chat'itable entity, real estate or mOllgage investment trust, pension funds, the Federal National Mortgage Association, agency of the United States Government 01' other govenunental agency. (tv) All qualified mortgages as defined above in subparagraphs (i), (ii)) and (iii) shall besubl'ogated to the right of the Agency, at its sole, absolute . and exclusive discretion, to assume the Lllortgage without penalty and the , _.~~ .. ;.:. .. ;.mOltg~g~ shall nQ.t .b~c"'pJn.~dJ.l.e_Qr..p.ay.abJe solely .b.}'.l:eason.oDhe,transfel';;Qlt .. .".".,", .' ..... the pl'operly to the Agency in accordance with the terms and conditions of this Pnge 12 of 14 if/-. Agency ~ 'DEVELOPER deed, AU mOligages issued by the DEVELOPER as mortgagor shall provide that the AGENCY shall be given notice of any event of default under the terms of the mOligage 01' mortgage note within 20 days of such event. In addition, the mOltgage shall provide that any l'e-conveyance of the title to the AGENCY shall not trigger any disadvantage to the AGENCY, Section 26. Severabilitx. Ifany provision 01' provisions of this Agreement shall to any extent be invalid 01' unenforceable, the remainder ofthis Agreement shaH not be affected thereby and the remaining provisions shall be valid and enforceable to the fullest extent. Section 27. Miscellaneous Provision, In t~e event a court must interpl'et any word 01' provision of this Agreenient. the word 01' provision shall not be construed against either party by reason oftheil' involvement in the drafting or negotiating of this Agreement. Section 28. Inspection. AGENCY may make 01' cause to be made reasonable entdes upon and inspections of the Pl'operty. Section 29,. Nondiscrimination. The DEVELOPER agrees for itself, its successors and assigns, to 01' of the property or any part thereofl that the .. DEVELOPER and such successors or assigns shall not discriminate upon the basis of race, COIOf, religion, seX or national origin in the sale; lease or ,rental or in the use or occupancy of the property 01' any Improvements erected 01' to be erected hereon or on any part thereof; and this covenant shall be binding to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by the AGENCY, its successors and assigns, and any successor in interest to the property, 01' any part thereof. The AGENCY shaH have the right in the event orany breach of any such covenants, to exel'cise all the I'ights and rem.edies and to maintain any actions or suits at Jawor in equity or other proper proceedings to enfOl'ce 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 I'espect to this Agreement. The representative of the AGENCY shall be the AGENCY Director; the representative of the DEVELOPER shall be provided at the time of the joint execution of this Agt'eement. ;1f, , Section 31. Waiver, The passing, approval and/or acceptance of any part of the work or material by the AGENCY, its Architect 01' Engineer, if any, or by any -agent'-o!'-repl'esentative"ofthe'A6ENCY':sh'athrot-xfp'e}'uteasaw81ver onne Page 13 of 14 .-{fL Agency ~ DEVELOPER ·t 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 any of the terms and/or conditiol1softhe Contract 01' Contract Documents. This Agreement contains the entire Agreement ()f 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 particulat', shall riOt be modified, amended or waived except in wJ'iting signed by both paIiies. The waiver of any breach or default of any of the tet'rus ofthis Agreement shall not act as a waiver of any subsequent breach or default. This Agreement shall be binding lIpon the heirs, guardians, personal representatives and assigns of both of the parties. Section 32. Waivel' of Jut'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, proceeding. lawsuit or counterclaim arising out of the Contt'act Documents or the pei'formance of the Work thereunder. IN WITNESS WHEREOF, the AGENCY and DEVELOPER have caused th~s Agreement to take effect on the day and year first abovewl'itten. < WITNESS: ., Miami-Dade Affordable Housing Foundation, Inc. ~~fll1ii.iA.J~~~; ....... , . .,' Title: .. Executive Director SOUTH M1AMI COlVrMUNITY REDEVELOPMENT AGENCY 'rl/i1J1 Jik~ ~~lv ~K~t~~daid Title: Chairpel'son Page 14 of 14 tit. fl Agency . DEVELOPER .1 :~.~'''''. EXHIBIT A United StntesHUD (hereinafter referred to as "BUD") " Affordable Housing Guideline Example of a SMCRA Affordable Rousing Purchaser, based on the guideline set forth above, with a family of two (2) (as '; defined by HUD) would include someone who meets the requirements of the SMCRA for an affordable housing purchase and whose income is below $66,240.00 • >.t. " .. EXHIBITC FRANKLIN SUB PH 5~34 LOT 5 LESS W2.SFT BLK I LOT SIZE 5875 SQ FTbearlog folio number 09·4025~O:lO-0060 a/kJa 6457 SW 60 Av~., SoUth Miami, Florida. Deed Description: LOT 5 BLK I of FRANK1..IN SUBDIVISION, according 10 the Plat Ihereof, as recorded in Plat Book 5, at Paga 34, ofthe Public Records of Miami· Dade COUl1Iy, Floridll ,Franklin Subdivision, PB 5-3 t h Lot 6 less W 2.5 feet, Block 1, Public Records of Miami-Dade County, FL. Vacant Lot Size 5815 Sq. Ft.; bearing folio number 090·4025-0 1 0-0070. : .. :. Oeed DescrIption: Lo16. LESS the West 2.50 reet tMreof. Block I. FRANKLIN SUEJDIVISION. according (0 Ille Plallhereof as recorded In Plat Book 6, Page 34. or the Public Records of MIami-Dade Collnty. Florida Franklin Subdivision, PB 5-34, Lot 71css W 2.5 feet Block 1, and alley Iyg S &·Adj. CLOSED PER R-92-1517 Public Records of Miami-Dade County, FL Lot Size 6180 Sq. Ft.; bearing folio number 09 w 4025-010-0080; alkla 6487 SW 60 A VB. South Miami, Florida. Deed DescrIption: Lot 7. LESS Ihe Wes~ 2.50 feet thereor. Block '. FRANKLIN SVBDIVISJON, accordIng 101he Plat (hereof. as recorded fn PIal Book 5. Page 34. of tho public Records of MlamJ~Dade county, Florida. Franklin Subdivision, PB 5.,34, Lot 8, less beg NW Cor Lot 8 Til E.2.5 feet, S 46.72 feet, W 3.05 feet. N 47.67 feet to POB BJock 2. & 4 feet alley Jyg N & Adj. ';¢Iosed Pel' R-92-J 517; Public Records of Miami-Dade County, FL. Lot size 55.00 feet x 117 feet; 6318 Sq. Ft; beat'jng folio number 09·4025-0 1 0·0090; oIk1a 6501 SW 60 Ave., South Miami, Florida. :Ci~~~q~$~rlp~,!(iK:::Lof;~!::Blo61<~i~1.:JjM~RW~i$9~QjVISION, according (0 Ihe Plat ut~,,~'Q,'~ ~~. (~~¢.(4~,d :1~J~la~;~o,~~\~fP~~~3~jpf'fi¢;J?.uQlt~iR #;q~Ml~ml.Dade County, FlorIda; LESS'1i:~9t~fjltttr~rm(j, tJottl\~l~~r~~(ij~!*f':.~,~l~;h9~J(jt!M ·y,L~tonlrthe North I/neo' ~aid.lot.~, (ora~)~lM~~.:Qf;~ •• ISO {.Q~ .... I.f!h'.Mo.·.e.::SoUth~~IY;'~.'J9f1.·. fJ.~'1ftl,e . l;~ltl(?,(!M.imj;J ... ·ii~uted.'Ilt .. ;."lq.'·h .. J;~1ifiJ~"$J9~1)d . .':.. '.' Y!.,m):l11~ W~~t; 1J.~~i:~,t~~~ IS;"O,r).\ijJ~jf '. '. Jl~.~,'p'~ij~Q.f;~qN~IQt~,;,ot;~h9tiN~:~(H~. v"",. WOlf ~1~~JU~\Q~:J, .. ( J~.~li:t~~M~::$,Oll{ " < ,< :1~~'~r9qr~t\!~.qH[:Y~;,l~m~~wa~~nt~la~gle:oti't·§·· 2tJ~tl;:f~(:~:; ... ~.~iJ,~~~Clr·4:~;:r~~f~.$k!§~ .• llt:9nJ~e'$Q~JJ1'Am~1)!(~~(4;~~J'~1:!b,!\lm~W~s,t~tjy;:al(jog .:~~ld;SQUI~Jri1e~,t?r:a:~!~~~c&;~m .. Q~J,~rJ()(tli¢;~,Q.llthVleslt~otri¢i:;Qf'S~!~:I:.~,~~:ith~~c;~;NQrtt),~(IY;·'·· ':~JQlJg 'WIi.$I,tll)e,~rs,am:'l.zotijJ·(~r'~·.~slal)pe,(l'4,'t.(}7·r~~~:,1pJhf;)'PQlllt<if:a~ghltiTn;g' :~*f~IL~i\ .. ' " I1UMliiJll Oti!~02~;Pj~'!lQ~Oi ". .. ....... . . ,..' ...... . '. :' .. j. ".-.: Larkins Townsite PD 2w I 05, Lot 8, Block 2, Public Records of Miami-Dade County, FL. Lot size 7150; beal'ing foJio number 09- 4025 w 028·0200; n/kJa 5928 SW 66 St., South Miami, Floridn. Deed DescrIption: LOT Ii &LK 2 LTlR1WIS 10nNSU'& PB 2-105 Pines Subdivision, PB 13-2, LotI & 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. Deed.:pij#;rtjl#qm ~d~ 1, and the W/'¥$.t HatfJw:V~lqf;~()t 2, Block 4, The Pines, il sUbdivisIon of the City of ;:sWth:iXlf~ml~M)~wJ~Dade Counf)6rtciflda~)iCto1k!(ljifto the plat thereof', recorded in Plat Book J3, at ',~i>~~e:~: .. Q(fh~~~~Jf~:Records orMJamb[)<i~~(:'(),tJ.i:ltVl,Florjda. (Miami-Dade County Property 1d,~1'~!j(c:~:tI()1l'J>{4m».~r: 09·4025~o.a~~02~~) . .. . . . .. . , I j (-li.' ," 1 I ' ' ~·':,7I.~~~."~~·;:1 I EXHIBIT D-l 1 }.,,_ .. , .. ".~ .. -." .. I.~: .... ,';" ..... -. ,', J STEV£N LURIA. RA 9i2/)I 3 DR / C? DATH OPTION (?-D 1.~59 SF UNDER AIR FLO.ORPLAN ,,"SCAtf( 1/ ..... ·.0··' " ,ML OR,\\\I/1CS »;0 I\lltnEII lAMCR/At }'PPF;'.lRII1G IlER(L~ Co.~SilJU1( QRIC~lAl jJl() UIIP\l8\ISHro WCRX cr Ill, "~CfUl(Cj. 1\1( SAY( U~y Ilor or OUPliCA1EO, U5(0 CII DISCLoseD l\\lliovr, \\lllTTfII CQ!lSCNT cr mE AnCIUlECT. F I i ! ~ I PIt[ I t ~[ f.J ~: r ';1'.' ,1.2 s:f ,~u] ... ~,~",-<::,-,:.->~,,-~ EXHBI' ... D-2 FRONT ELEVATION " .~* :~', Et=13'~O"1\:)....; rrl~li' ·11 ....... ~......... ii=fJi ; m', t~t U=-",ifml .,j=; F :IP,; .. ,. ,.ili .. J .. ' At,'· ....• I ... ! EL=8'-S- ~<r----:l~·.~,~·:~:~~~.~l~_ ----/d I EL=tY~()~ STEVEN LURIA, RA 9/2/11 3 BR I 2 BATH OPTION 2-B 1.500 SF UNDER AIR " ), f:~C::;" .. ;.;",!, FRONT ELEVATION SCiI!.E: 1/4";';'1'-0· All... ORAW'tNGS AND ~ITTEN MATERIAL APPEARING HEREIN CONSTIiUTE ORIGINAL AND UNPU8USHEO WORK OF" THEARCHlTE:CT. THE SAME MAY NOT BE DUPUCATEO,USEf) OR DISCLOSED WTHOUT WRITTEN CONSENT OF lHE ARCHITECT. ~ ~ ~ ~: .. -. ":.:~." " . .~:." .. ~ :... -;",'" .~~~~~~~~~. -,,,d"':;' . ,". f l t EXHIBIT D~3 L. GP SPECIFICATIONS EXTERIOR ·leF WAllS WiTH EFUS OR SIMf~Afl STUCCO FINISH. INSULATED CONCRETE FORMS PROVIDE R·22 EXTERIOR WALLS WITH MONOlITHIC CONCRETE SHELL CAPABLE OF WITHSTANDING 200 MPH WINDS. eXTERIOR AND INTERIOR PRIMER AND PAINT IS BENJAMIN MOORE OR EQUIVALENT NO voe PAINT OR PRIMER FOR INTERIOR ROOF CONSTRUCTED OF WOOD TRUSSES WITH 110 MPH ARCHITECTURAL SHINGLES MANUFACTURE'S WARRANTY FOR THE SHINGLES 15 MIN. YEARS. ROOFERS WARRANTY MIN. 5 YEARS INSULATION WILL OPEN CELL SPRAY INSULATION ON THE UNDERSIDE OF THE ROOF SHEATHING INTERIOR WALLS AND CEILING· WILL BE CONSTRUCTED OF SHEET ROCI( (MADE IN USA), TAPED AND PLASTgRED WITH JOINT COMPOUND, SANDED AND PAINTED WITH PRIMER AND TWO COATS OF PAINT. WINDOWS,... TO BE ECO WINDOW OR EQUIVALENT LOCALLY PRODUCED. INTERIOR DOORS TO BE HOLLOW CORE, I;XTERIOR DOORS TO BE MIAMI-()ADE COUNTYAl'PROVED METAL DOORS. APPLIANCES 'TO BE INSTALLED SHALL DE APPROVED ENERGY STAR FIXTURES TO 8E APPROVED AS SOON AS Tff£: WORKING DHAWINGS ARE FINISHED TUS AND SHOWER WALLS MUST PE COVERED WlrH DUROCK OR t;QUIVALENi FOR THE TIlE AREAS. GREEN BOARD IN THE BATHROOMS. FLOORING, CABINETS, COUNTERS TOP SHALL NOT EMIT voe's. GREENI)OARD NOT NECESSARY IN KITICHEN EXCEPT BEHIND SINK. IF POSSIBLE TilE TO BE OF RECYCLED MATERIALS. ADDITIONAL SPECIFICATIONS ARE AS FOLLOWS; H\lA¢fQ:nESlzeD:Wt.rIilt,Ni,l~tP'N'QF.CAlCUlA'J'ED TOTAL lOAD. CEltlNGFAJ\j$''l;Q~~[v.$~p:'i'H)~DHOo.MS1\Nl:>fl~EAT ROOM. SOtAlltl()Hrru~£WllN$Ub:'RnfiL€~tlye, rUI.lj;,TO BE fNSTALlWIN GREAT ROOM ~~~i~~~~%J:~~;~~J~:~~~~~~)~~~~'~ ." lJ . ALL DUCTWORK JOINTS TO 8E SEALED WITH MASTIC I" EXfIIBIT E ARTICL?5:-: I}~SVRANCE .... '. .... .... ...... '. .' . .... '. . .... .' '.' . .... .., .$;Q'.' • 'f1t~iP~'V~L9~e~.$~~lrpii(c.{IHS~¥91}};llllf'·muln,lll!IlJh·~ i::qti.lpnliy(jr:C:0n.:plini¢~.r~~~{~IJY~i!'~~~~~'l?;(t~ . • busm~}itrll!c)\!H;~'~MI}JIl}YII.1cli Jlie.ProJecl·($IQc.l\te~ S\l.CJtl!Is.Urllll~:~,~,$ WII~.»~plecl fhe;pEVI!LqP:~~: .1l;!i!iJ~91~lm~:$~lrol1h~419w~~~rcllml\y:prl.s~9\ll~f<~ne.$.\1ll'fwm.tb~'pJ)¥E,,t;9~uR!$':M~!'l\II(jii~;\Iiidcl~tf)o, . (;'o.l}(t~~i!\~ilrQt·\V~iJi:{r!MPUynLOl?Bltill)lIy'b.o'l¢griUyJIii~J~!)~llilJI1~r!:iIl~lrQp:er;il(oli$'IW~!t' 'J11~ :OEVBIJbpE~:y~,~~'~.~~~~~~1l9!9r9f~'yn*Y~ii:\idlr(:ctIY})i~n,dIre~tly;empl~Y~d.~Yliii,~·6rtMhli,i)r:~~ MJM~:fot:~"'b()s'!iai:lsanr?rthom. m(lY.li,,;1(~9IC:: ' ~.(kl ¢'~r@fUiidoi.\yoit<~rWcQmpcn~~it~i:!r41:ilibIliIY benefilllnd olher similar employee benefil aCls Wn{cl!~t~J'\pnrt¢~b.lo.·I.o.jlie\W~rk·tci4o,}lorrormed; •. ~,()a~: ,ofi\fi\isi/p1' '-' .:Qe.~\Il$~;;:()(lj<!UJ1YJnlury. occupalional sickness or dIsease, or denU) oflhe :p.aV~w'It$y,e·~1 ......•.• ',$;O~o~~j'I~;,t(,~tJ4aq~~(i·oFbodn.rh~ury, sickness or disease, or dea!h orany persoll olher Iban t~ICliOn;Vft; •. ;,,;~mp!i>~~~. .'" :$:0;4' !~,'J\lfMtO)\~illri'ti.«~s'ti!$yt~~;~y~u.flI(n,!'P~t~9!!~Hrtl\'WHabllily coverage; . &,O~ :01, I9r.:gl!~,~g~~i;()~MiJtiil·n;,t~:(~~.;~'{?*t~~mf~(:,cause of Injury 10 or deslructlon oflongiblo " j .'. . )\1.t.l.~~~r.~gJ9~~.~f~.~~~~llJttm~:I'Ii1~:fl'Olll; S;(j;§; ¢.lh.itil~:,f~~·(JnlJ,!~g.csb~~JJ~.of '.. . jlryi dealll of a persoll or property damage arising oul of ?~~Il~,*ij!i),'mll\!Q)~lJJl1iej)oi((Jstj?~ ,/ vehicle; S~O~!r~'~n.{ft~t;~i:i~!J~l~~!.I02;~r.R!'?;i#:imY:~l!mlige arising oul of compleled operations; nnd . . . ~.g~< ;'~f.9trosJt!VQrrt~;Fg,n'W~JI{!lWll~I![Iy;jII$1JrOnce applicable 10 the DEVELOPER's obligations ., . '. ..'CQn:C.C1~J"gt\\t. J~l~¢ ; ~fv~t~;~~WM~J{~1:~~if~'~~i~;,6J~J~t~J,9'l!!:forQ~unm nil Ih'e \~ork to.beperfo:med under Ihis Conlract .. ~~~~~~~~~~Pl~~~J~!td~~Ke~t~~'bt.~)~Qnl:{q)f{~r;for such duratIon as IS olherwlse specified herehIQ{\er), . t~hnsu It}\.. sPI i,ln~!,I'9, 9.W. .. . . . $.lJ.X \v,.qy~)" . ·':~j~~l(~~;!,ni.~W;~.I\.C~PWP.\~i~l\IJ, WtQrr'i(~19\i",\ij.~iio'llU:.'9xqpjO)'~?~:!IY: ',plfq"cC'~wlth !lr!?J~~WQ~l£~(f'Mon)p.li'n$ti Jtiil'~~~"'~fJI,~{S!·§I!.\t~;i.~f:FlPi~d.I,l:.:t\IWl:iiU DJ}ii . :;UJ!\7~. In : i~~{ij..pR~rte,s);\Q\(($IJn'clllUel·~p~~~~l~iH~~~lll¥f,~!:!b~lt.~lq{(r "&~:~f!W~~{~, The ,P.).lV,E., .' .~:sfiIj'HlJi~!!~I)\ '.n.$~~~;;@II!lU·'brjf$>stlb~Q!W·\l~t~;'IllI!II\.Udi'r~p'pf.4p.UI},e:Jo;vols of '\\' tk i's;'O «f',C'ifs" "'li'~'~"nw;'" ' ,. ." '.' :;Sa.a, '~IJ)iniail~t!%~t ,. ,~' J~f;q., ~JI~ i)lii)J!~jJ~,*l!m#~. ~~;~\i4>., Ji ~olJ~r.s\($~'M(1A~~;,q:o) ~V~occtirtcricc~~9@. ~ ~g nlr~;rol\i1l~Q(lY:·li~O!i:)jt~klli~i , .. .r:<!P:C~~}Qh.ijWM:r.1ilbi!lty. ;~~~rM~;;Ji1!l$(:;ibf: ,~~~(\j~,n Jom~ ',iic~;«I:gr<i' t~~'fi(:IJY~'IM~J!~t:~!p~;J~I!lim. 'P'J\,l}llt; ~~m.P;t:~fl'm~I:~~, f;l~" ~taplU~ .P"I?)~yx.,; WR'w~;'t~~Jl;~~~h'~ gllJ.tot.sementsl', ~. ;f)!ed: ~y::111~; 'In$'t1Nttl(;li~em,<CS'.Q . . iforIT1/!:$llItC};QC)'lldtiulI;: I)ndnlll~t 'fn.cludc: ~i):';:?i(ljj . ·····pI~ri)f~~s:~~ Ojicrqlltm '. .... ... ,', '., ... ". $~r~tQ1 JilMp'~i\aeil(¢&lliil1~lgt:~ S.f~W(~)J)'!~~~l~$£til1<tlQ~;C((m~Ii:iqifOperatioJls Hazard ~;X:~"(~~~~~J.~~l9~(~1!IlAA~®1~Uif(lerground Hazard Coverage .M(~XcJ ·~roliap~n~\'Pro'p.otty;l)~milgc 5;;t~:'(Q\.J;3tQI).a,F(injB:o'ntraclual Coveragc npplicnblclo this speCific Contract, including nny hold hormless and/or inQemnificatiollllgrecmelit 5.1.2 (g) Personal Injury CoverngeWlth Employee aud Conlrnctual Exclusions removed, w}lh.!!linimurn limlls ofi~p)'l;'fnge equal 10 (hose required for Bodily Injury q~Q\lJ,W;I)Od;pfPpei{y:l)an\\ig~Liability. ... ". .'.... . . '" ~<J,~.'au.$ii1;ti~sAutQm9~11~'~!~~IH~;1Yli.(l.filjMm\lffi.:l1ihits~f.t\~~'~tY*li5)1l·1;>Q';Hnr~.'($.2,QQ()iOQJ)1QoHrl~~" IIlt!i.tJ~im~ri~I·;rwii ""rtUIQ{l:WJ:)Jt~r($M~Q.PPQ;~Q).~~'tirdlUi';pct9~j;PtrC!lq~ ~Qll\ljl!j~d:#ngtij'linirt, ~or.'~o#iIY·I~J9rJl.l;.~~bllj(t:il·rlil'~ .. '&'r.c~r>pu,mN~~\bi~~illiy. C6ve·rn~~·mli~t •. ~,~ ·6«<if:~~~,:~in:~l~n» il~m9~c;,.r~~l~liy¢. tli1ji'(hiiJIl!~$t.~edltlonprt,t~e;B,~~iJ.IcA~ .~~'*~lQWleElnfjnr(r P;QIi~~, ;,i~(!!~W (.~$lrl¢llvc~llitQr.$emwtl~1 ~~ f1.l~~ bY:lhe hlS\U'llnce SerYlCcs9ffiCi)'~j: t!(¢S.I;lI¢.ofUlortdn;.;nnd f)lt!~:q!1&l.tiq¥! '. . ' . ' ,. . '.. .' . . ., ' ,. "" 5.1.3 (a) Owned Vehicles. I: :'.f f 5.2 5.3 .504 5.5. 5.6 5.7 .' J. 1 r 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 Variance for a home to be built at 6501 SW 60th 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. State of Florida County of Miami-Dade) The foregoing was acknowledged before me on this l t day of ~ Manning, who took an oath and who is personally know to me. ~-~~ Notary Public Signature ~t.V ~(J~ Notary Public State of Florida ~ ,~ ~ Milagros Castillo :;. C·f: i My Commission EE061446 ~OFl~O Expires 02/03/2015 , 2012 by Anne E. Notification Letter Application for Variance for 6501 SW 60th Avenue to build a single-family home By Miami-Dade Affordable Housing Foundation \w.a,,,,iiiirli;ied Mail 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 listed above. It requests a variance to allow a 51.67' frontage where a 60' frontage is required. 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 publi~ hearing in accordance with the notice requirements of the City of South Miami Land Development Code. ----------_._--------_._------------------ exfllb,(T A~T~1t CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Tuesday, June 19,2012 City CommissionChambers 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 fee of$500 per Ordinance No. 44-08-1979. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to irifluence "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 7:37 PM. 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. Beckman, Mr. Dundorf, Dr. Rauri, 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: None City Attorney: Mr. Thomas Pepe. III. Administrative Matters There are no administrative matters at this time. PB-12-021 Applicant: Miami-Dade Affordable Housing Foundation -Location: 6501 SW 60 Avenue -A Resolution related to the request for a variance from Section 20-3.5 of the City's Land Development Code; requesting a variance of eight feet four inches (8.33feet -mol) 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. Dr. Philips read the item into the record. Mr. Brimo presented the item to the Board. Motion: Mrs. Beckman motioned to approve the item as proposed. This motion was seconded by Dr. Philips. Vote: Approved: 6 Opposed: 0 Mrs. Beckman: Yes Dr. Whitman: Yes Dr. Philips: Yes Mr. Vitalini: Yes Dr. Hauri: Yes Mr. Dundorf: Yes 36SE I SUNDAY, JULY 15, 2012 SE MiamiHerald.com I THE MIAMI HERALD NEIGHBORS CALENDAR • CALENDAR, FROM 35SE attractions that Jungle Island has to Bay. free to the public. offer and cool off on our private Meditation with Yoga: Ongoing beach, La Playa.. classes for clear thinking, energy, to arts and crafts lessons plus 10 a.m. July 15. Jungle Island, 1111 improved health and inner peace, discounted specials from stores like Parrot Jungle Trail, Watson Island. with certified instructor Lawrence Cool de Sac, Bass Pro Shop, Dave & $24.95 -32.95. 305-400-7000. Huff. Classes are offered in English Buster's and others.. www.jungleisland.com. and Spanish. _ MiamiHerald,com/ I!iIIiI calendar Search hundreds more events in your area and beyond. 7 p.m. July 16, Dolphin Mall, 11401 Karate Classes: Free Karate Classes 7 p.m. July 18. West Dade Region-pen makers as Delta, Conklin, Mon- NW 12th St.,. 305-445-7550. offered for both Children and Adults al Library, 9445 Coral Way" free. teverde, Montegrappa, Visconti, www.shopdolphinmall.com.atRangePark..305-926-3578.Stipula. Sheaffer, Aurora and many Florida Association of Insurance 6 p.m. July 16. Athalie Range Park, www.i1ovemeditation.net. more .. Agents Launch SmartStart4Kids 525 NW 62nd St., Little Haiti. Free. Miami Heat Star James Jones 11 a.m. July 20. Marriott Miami Back-To-School Drive: The FAIA is Kendall Yogumni Family Fun Hour. Basketball Camp: For kids 8-19 to Dadeland Hotel, 9090 5. Dadeland hosting a donation drive for school Yogurtini Kendall hosts Family Fun learn the fundamentals and best Blvd.,. 1 day pass $10, 2 day $15, supplies, The following locations are Hour every Saturday from 3 -4 p,m. shooting techniques fomr an NBA 3-day trader pass $45 (children partnering with FAIA as local dona-from June 16 -July 28. There are 3PT shooting champion.. under 13 free). tion recipients: games, balloons, and $3 froyo for 5:30 p.m, July 16. Belem Jesuit Miami South ridge Class of '87 Collinsworth, Alter, Fowler & everyone.. Preparatory School, 500 SW 127TH Reunion: The 25 Year Reunion for French, LLC.. 7 p.m. July 21. Yogurtini Kendall, AVE, Sweetwater Estates. Price not the Miami 50uthridge Class of '87 7 a.m. July 16.15ure Insurance 14607 SW 104th 5t. Ste 3A" Devon-provided by person posting. will take place July 21, 2012 at the Brokers, 2700 5W 137th Ave.,. FREE. Aire Estates. No cost. 305-385-6200. 786-344-0377 or email Carlos@mi-Peacock Garden Cafe in Coconut 305-444-8350; 305-262-0086. www.yogurtini.com/locations/.amiallstars.org. Grove starting at 6PM. For more www.faia.com. Life Is Art and Robin Rile Fine Art www.miamiallstars.org. information and to register, alumni Happy Hour at Novecento Brickell: 2012 Summer Show and Celebration Miami Jazz Society FREE Weekly can visit our website at www .. Two-far-one promotion featuring Party: Film Series: "A Separation" (Drama) 6 p.m. July 21. Peacock Garden signature drinks, house brands, wine 9 p.m. July 21. Cafeina Wynwood "Sideways" Cafe, Coconut Grove, Southwest and beer. Beer of the Month avail-Lounge, 297 NW 23rd St., Wynwood. (Comedy/Drama/Romance) Coconut Grove. $27. 786-529-0314. able every day two for one until 7:30 Made in the USA: Celebrate America Please visit website for complete www.southridgealumni.com. pm.. during our month of Independence synopsis of films.. Mixology Boot Camp: Learn to 4 p.m. July 15. Novecento -Brick-at this Arts & Crafts showcase at 6 p.m. July 17. The Miami Tower, create drinks from experts .. ell, 1414 Brickell Ave., Brickell. Southland Mall, featuring items 100 SE Second St., Downtown Miami. 6 p.m. July 19. Dal Taro, 719 305-403-0900. www.novecento.com. made right here in the USA. A great free. 305-684-4564. Lincoln Rd., Miami Beach. $50. Jungle Island Unveils the Summer shopping opportunity for unique www.miamijazzsociety.com. 305-964-8106, www.funclasses.com, Pass: Starting July 1st, purchase a gifts, there will also be delicious Miami Pen Show: Buy, sell, trade. NAIOP South Florida: The Next one day park admission and get an food, lively music and activities for See the finest collection of fine Generation of Industrial: The Next upgraded pass valid through the end the kids.. . writing instruments from around the Generation of Industrial-Fueled by of 2012! With this fantastic pass, you 10 a.m. July 20. Southland Mall, world including modern and vintage. expansion of the Panama Canal, a can enjoy all of the many shows & 20505 South Dixie Highway, Cutler Fountain pens from world renowned booming cargo business at Miami -;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;llnternational Airport and rapidly I" i I rising fundamentals, South Florida's industnallandscape is lighting up with new industrial projects .. 11:30 a.m. July 19. Prologis, 12650 NW 25th SI.,. $40. 954-990-5116. www.naiopsfl.org. Sixteenth Annual Summer Fun Run: Archbishop Curtey Notre Dame Prep is hosting a weekly run for the community from Miami Shores Community Center and Park Avenue .. 6:30 p.m. July 17. Archbishop Curley Notre Dame Prep and Middle School Academy, 4949 NE Second Ave., Little Haiti. Free. 305-751-8367. www.acnd.net. Summer Spoke Bike and Swim Tour Series: Starts at the museum and ends at the Venetian Pool for an optional swim (not included in fee). Bring bike lock, ID and bathing suit. Includes visit to the Merrick House. 10 a.m. July 15. Coral Gables Museum, 285 Aragon Ave" Coral Gables. $10; $5 for Museum mem- bers. www.coralgablesmuseum,org/. Thirsty Thursday at db Bistro Moderne: Join db Bistro Moderne 5-8 pm every Thursday for Thirsty Thursdays with sounds by Michael Sarysz. Enjoy $7 specialty cocktails like The Diego made with Stoli Vodka, yellow chartreuse, cucumber, and lemon or the Stoli Elit Filthy Martini with gourmet blUe cheese and gherkin olives .. 5 p.m. July 19. Db Bistro Moderne At The Jw Marriott Marquis, 255 Biscayne Blvd., Downtown Miami. West Miami Home Show: Home decor, remodeling & improvement vendors, food trucks, kid zone and family fun. Free admission and free parking. For more information 305-960-2000 .. 7 p.m. July 15. Miami-Dade County Fair and Expo Center, 10901 SW 24th Street, University Park. Wine by the Bay Presents "An Evening of Wine Mixology": Learn to make wine-based cocktails that are stunning yet not too complicated to make at home .. 7 p.m. July 20. Wine by the Bay, 888 Biscayne Blvd. Suite 112, Park West. $20. 305-455-9791. RSVP required, www.winebtb.com. Women Only Yoga Class: Designed to align, strengthen, open, inspire. First class is half off.. TI a.m. July 17. Yoga That, 465 W. 41st St., Miami Beach. $17. 786-372-9430. www.yogathat.com. Zumba GOLD: Zumba by Fabi. Enjoy a 45 minute fun exercise class with low impact workouts for ACTIVE Seniors. 9:30 a.m. July 21. Edward & Arlene Feller Community Room & Amphi- theater at Ludovici Park, 17641 Old Cutler Rd" Palmetto Bay. $4 per session. 305-234-6383. www.palmettobay-fl.gov. Zumba in Cutler Bay: Come and enjoy Zumba dancing and exercising with others in Cutler Bay .. 7 p.m. July 18. Cutler Ridge Park and Pool, 10100 SW 200th St., Cutler Bay. $5. 386-25ZUMBA. www.zumbawithfabi.com. CONFERENCES & TRADE SHOWS Univ of Florida Alumni Association's Leadership Forum: Florida Forward: Calling all Gators! Join us for this three-day conference, bringing local, state, and national leaders of the University of Florida together for the purpose of fostering collaboration, enhancing leadership abilities, and inspiring excellence .. 8 a.m. July 15. Fontainebleau Miami Beach, 4441 Collins Ave., Miami Beach. $100 UFAA Members, $140 for Non Members. 352-392-1905. www.ufalumni.ufl.edu. CITY OF SOUTH MIAMI COURTESY NOTICE Iii I ETHNIC & CULTURAL NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday. July 24, 2012, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s); A Resolution authorizing the City Manager to enter into a 3-year agreement with __________ for lobbying services as required by the City. • .-F A Resolution related to the request for a variance from Section 20-3.5 of the City's Land Development Code; requesting a variance of eight feet four inches (8.33 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. 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 City 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. CITY OF SOUTH MIAMI NOTICE OF FY 2012-13 MILLAGE (TRIM NOTIFICATION) WORKSHOP NOTICE is hereby given that the City Commission of the City of South Miami, Florida will hold a Millage (Trim Notification) Workshop for the FY 2012-13 Budget on Tuesday, July 17, 2012, beginning at 6:30 p,m_, in the City Commission Chambers, 6130 Sunset Drive. All interested parties are invited to attend_ Institute of Maya Studies: Victoria R. Bricker talks about "Blon Octe and Venus in the Dresden Codex.". 7 p.m. July 18. Miami Science Museum, 3280 S. Miami Ave., Crafts. , $6.305-279-8110. www.instituteolrnayanstudies.org. Tomeo de Domino: Puerto Ricans Organized Overseas in Florida (PROOF) will be hosting its Torneo de Domino at the U.s.Coast Guard Rec Area, 16001 5W 117 Avenue, Miami, on Sunday, July 22, 2012, from 1 PM .. 1 p.m. July 22. USCG Communica- tion Station, 16001 SW 117 Avenue,. $5 members and children nine years old or less; $10 guests and children i 10 years or older. 786-261-1133; 305-491-1863; 305-477-6116; 305-223-6218, www.proof1990.comj, DANCE Karaoke Night BBQ @ The Winery: Back by popular demand! Join us for a very speCial Karaoke Night! The DJ will keep you on the dance floor while you build up the courage to step on stage. A night full of danc- ing, singing and fun; what more Maria M_ Menendez, CMC could you ask for!. City Clerk Wi~~,.y~36~~52~J~~;t~b~v~~dland's City of South Miami • TURN TO CALENDAR, 37SE 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 PUBLIC HEARING -JULY 24, 2012 in the XXXX Court, was published in said newspaper in the issues of 07/13/2012 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 for publication in the said oom p a p"1/ ~--.... Sworn to and subscribed before me this 13 day of JULY ,A.D. 2012 (SEAL) V. PEREZ personally known to me J'<~~"V ~<t\, Notary Public Slate of Florida • Charyl H Marmer \. ; My Commission DD793490 _~r "d" Eupires 07118/2012 ~ :::::::::::~~w:::::::::::::::::::::::: ..... ~ ............... . .......... .......... . ....................... ..................... ....................... ..................... ......... . ........ . ........ . ....... . ......... . ........ . N • Graphic Scale P.O.B. LESS BEGINNING AT THE -fo' 20 W. CORNER OF SAID LOT 8 4' CHAIN UNK FENCE __ -.-i---I __ I )' =20 LOT-7 BLOCK-1 LOT-8 BLOCK-2 VACANT LOT 116.95'(R&M} LOT-9 BLOCK-2 ALLEY CLOSED PER RESOLUTION 92-1517 'C--l S.W. MANGO~ " =10' ~ 11.00' 66 t h SE CORNER OF LOT 5 (125-41) ST. CERTIFIED TO: 0.3' LOT-20 BLOCK-3 LOT-21 BLOCK-4 LOT-22 BLOCK-4 N LOCATION MAP 4- (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 . AND to include the South half of the 8.0 foot wide alley located inmediately North and adjacent to the North property line of said Lot 8, closed by resolution 92-1517, extending Easterly of the East Right of Way line of said S.w. 60th Avenue and Westerly of the Northerly projection of the East line of said Lot 8. Subject to any other dedication thereof. Parcel Identification Number: 09-4025-010-0090 FLOOD ZONE: WITHIN ZONE: X ORDER NO.: M-10055 PROPERTY ADRESS: f0-B 0: :i '" z UJ [5 :r: z ~ ~ Iii z 0 >-'" >= ~ CD l: :r: l: '" ~ 0 ffi w i > 0: W I.!> r-~ '" -' :::i j 3;: iL en w ~0~*m® u w 0:: w U f- -' Z U >< '" w W 0 Z W "--' irl <Xl U '" ':':1 '" z -' " :r: >< z '" 0 -' It' :J ;: '" fo- 0 0.. '" W :> CD 0: " Z ui ~ g W 0: f-0 :;; <Ii -' w z g: ::l ;: w 0 :r: ~ ;: u 0 u u o :Jj U 0.. " " " " I I ~ I @12l f? " i " ELEV.: NIA COMMUNITY: 120658 FIELD BOOK: 'FILE" DATE: FEB. 20, 2012 6501 S.W. 60 AVENUE SOUTH MIAMI, FL. 33143 PANEL No.: 0458 UPDATE: SUFFIX: L DATE: 09/11/09 I HEREBY CERTIFY: THAT THIS DRAWING REPRESENTS THERESUL T OF A SURVEY OF THE WITHIN DESCRIBED PROPERTY AND THIS DRAWING AND SIAD SURVEY WERE PREPARED BY ME OR UNDER MY DIRECTION. THERE ARE NO ENCROACHMENTS UNLESS SHOWN THEREON . • EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO DETERMINE FOR: MIAMI-DADE AFFORDABLE HOUSING FOUNDATION, INC. ~~~:SURVEY DOES NOT REFLECT OR DETERMINE OWNERSHIP. 0 RECORDED INSTRUMENTS. IF ANY. AFFECTING THE PROPERTY THIS SURVEY IS J~~-~":3;;~"---.J---_ SUBJECT TO DEDICATIONS. LIMITATIONS. RESTRICTIONS. RESERVATIONS OR EASEMENTS OF RECORDS. • LEGAL DESCRIPTIONS PROVIDED BY CLIENT OR ATTESTING TITLE COMPANY. NARCISO RAMIREZ • UNLESS OTHERWISE NOTED. THIS FIRM HAS NOT AN ATTEMPED TO LOCATED FOOTINGS ANDIOR FOUNDATIONS. • NOT VISIBLE ENCROACHMENTS WERE FOUND ON THE PROPERTY. UNLESS SHOWN. -MIAMI-DADE AFFORDABLE HOUSING FOUNDATION, INC. PROFESSIONAL LAND SURVEYOR No. 2779 STATE OF FLORIDA -FIRST AMERICAN TITLE INSURANCE COMPANY • IF SHOWN ELEVATIONS ARE REFERRED TO N.G.V.D. 1929 -RENNERT VOGEL MANDLER & RODRIGUEZ PA • BENCH MARK USED No. P-4000. LOCATOR 4004W. WITH ELEVATION: 8.52' ATLANTIC SERVICES OF FLORIDA 8341 SUNSET DRIVE, MIAMI FL 33143 TEL: (305) 596-0888 FAX: (305) 596-0919 L.B. 2077 TERMITE NOTE: ., 8)11 rjl~G~~ :;H,\II Ht·\'F rpo-:;CI·ISTRUCT :)~I nF,\ TI,rn, T "'ROE:TIOII A:::~I\lST SU8cERR"\JE~1\ E.'MIT. AS PER FB: IGIG.l 7 A CER~ FICA-:: Co CO\l,-'LI~NCE SHALL BE ISSUED W HE ElL-ILeING DEPAk MENI l:lY IHI:. LlCoIJSl:.C Pl:.SI CC'lIkOL ,:OMP"NY THAT :=mITAIIIS THF FOl.l<)\,II~G :,TATF1.1 FtH: "THF JUILC 1\(; "S. R[C[ J[D ~ COfPL[T[ T.C[~TM[NT .ccm CH[ .~REI,'UJTIO"l OF SUB:::RRAN':AN TERLIITES, TRLm:ENT S IN ~:;COI')AI·I;;_ IV III II;L "cJLlS ANI) _AW?-lSIAJLSIlLD J'r' cHE F~ORIC" D::~Ap.nIENT OF ,GRI':ULTLRE _~D CGNSU,IER SlINGL:;," ATTIC SPACE VENTILATION ANALYSIS TOTAL ARcA c:,-C[,LlNG SF~:;[ c 2882 S- TOnL t-R::A :)0 .U-IC E~I~, RE~I)IRED = 28C2 /iSC = 18.68 SF TOT·\ VF~'.-.. \·~f/\ <@ 0":<17"-'-05 SF FJ'lCH: - 18.5.o/C.':.: -2d.J >c./'J is PRY/lOt: L9 SC-?U:NI:.C· Vl~; rs I~r 4"xI5" :.1-. AcONC THE SOFF:c 0° TH,:: RoeF C\ERH~NG. <:TN.11 F Ctlt,lll Y :1 "iF( ? Btl I :'-1 ~F ,"F<;lfFNlT ADDP,-SS, :,50: S\,j GOTI: A\j[NU~, '1U,',1[ iL ZDNI"~' PS 4 ~I1IGL:: iA:I:L . ;UNSII'I_~I_JI'YPI:. _II I(S, '"UUL IRU:;~, :;_Ab UII ~R"Ul F')LlO: 09-4C25-0~0-0090 y, :TI-o FE.:: EDITICN 20)7 / ::'009 FLOOD LEGEND ::X",si:Jeniiol t-.lew Cofl'~'-' ;';Lion H(;H:'Sl ::;RO,,,t1 c~ ,-.t()~C E_l:.\,~2~~' NGVG.H1G-1'::ST (PI)',',! I CJF ROAD CE\'\TlOf\J tVA,S rAl<'lN f-R'Jt,1 IHI:. ..\r;,AChlD C£~II~'lL: SU.~Vt::':·. CP A i;f:.."1ir c.[) SUR/!:.'f PRI:..P·'dt:.[) aY: __ --"NccA"-'R"'C"'IS'-'O,_"R"--A"'M~IR-"E=Z'-----f'CS c:, #:_=-2'-7!-79"--_______ _ SLRVEY8R'S NAt/IE I 1J..'IWHls:n I LOW[ST ruor{ I ELE'..' t.. -ION 1 12,0 F' N';VD :!FC"7"RIGAI, vr:::!I..!.~IICAl . .\t·D PLUMOltlG NUl A[ P1ACm AT or .1'{3:)vr TI![ 1!.sr r 801) E"I F ... ·\TJoJ,\J. (RF F.) .~~_ ·\R~·\S BE_C.~ 3.F.:::. SHALL 8£ P=t:lDED i'IiTk .'. MIl'.I'.'UM OF r,~'c ::2: :::P:::f\I.'~GS: H·\.·N·:; TOTAL NC ~REA :.;F N'') LESS THAN ONe: SoJ'J';R~ It\CI-:)F )PE/"IN":; F'JR E'."E~'" :;,)'JAiE F0(. r )F EnCu)SED ·\RE/· SJBJECT TI) ;"LOOCIN::: TrE SO-TOM c.;" THE OPEN N':'; ,',L_ BE NO H CrE~ ft-l·N C:'I£ (1} ::-OOT .',B:::::E 3P,\DE ~'\ND l:)C.'.Tm ON ):FF£RE:-.JT SIO::S OF THE ::t,(;LOSED ·\REI .. C?ENF'J:::;S (.ILL BE [Gl)PPED 'h"M • ITH SC~EENS 8.'X LOU\·E~S. FLOOD ~EStST/·". T M,'· TER,.<\LS V.ILL 8E USEe 3ELO'.\ E.F.E FLOOD ZONE 'X' LOCATION PLAN ;-•. T.S. LEGAL DESCRIPTION: F~.'I,f\,~U~! SUB PB 5-J4 LJT '3 _':::SS B:::G "J\.. CCR LO'" 8 TH E:?sor-S~672FT ,:335=-r 1'-14""',67 :---0 POB B_K 2 ~ FT A _t'l 1.'1'(' ~J '. ).J.J CI hi-. '1 p~ f-> P--'-J,'>-:~: / ZONING LEGEND ZONING DISTRICT: RS 4 SINGLE P AIJll Y NET lOT AREA: 6,053 SF GROSS LOT AREA: N/A REQUIRED PROVIDED MAX FOOTPRINT ALLOWED: __ 3_0 _ % lit NET LOT AREA: MAX IMPERVIOUS COVERAGE: ~ % I( NET LOT AREA: MAX LAWN AREA (TURF): __ 6_0_ % ~ R[Q. OPEN SPACE: ADDITION TO BE LEGAUZED (IF APPLICABLE): N(A PROPOSED NEW CONSTRUCTION OR AOOmON: 1,570 Sf TOTAL FOOTPRINT PROPOSED: 1,665 Sf F.A.R. MAX ALLOWED: ~ % x GROSS LOT AREA: EXISTING (IF APPLICABLE):: I,BI6 SF 2J:!4 SF 3.632 SF ,k 1,570 SF 1,820 SF I,B20 SF GREEN AREA: __ 55 __ 7. MIN REQUIRED x NET LOT AREA: .3,490 Sf REQ'O TOTAL PROPOSED: 4.525 SF NUMBER OF SITE TREES REQUIRED: ~ROPOSED: __ 3 __ NUMBER Of STREET TREES REQUIRED: __ , __ PROPOSED: __ , __ NUMBER or SHRUBS REQUIRED; ~ PROPOSED __ '_4 __ . "&SPECIES, HElGHT, SPREAD AND DIAMETER OF ALL EXISTING AND PROPOSED TREES MlD SHRUBS TO BE PER ZONING ORO. 20-4.5 (D) PARKING REQUIRED (IF APPLICABLE): ____ _ TOTAL PROVIDED: SETBACKS: REQUIRED: FRONT: ~ PRO\llOED: 25'_1w N/A SIDE STREET: ~ $IDEYARD: ---.l.2..£L 7'-6" / S'-6' REAR; ~ 40'-5" NOTE: ORIGINAL FRONT ON NW 99TH SffiEET mc TABLE 7023 MATERIAL ~::Ri~Ot>ITR'DO: SI. -"tl~tlE "sT'ili[N~ ( .... 9S) =-1.A.5'C PI:>[ :::.l.ST IRON PIPE ;;ONCR~ IE "IPi: ~UPP(1l ';:)1/ ';OPP(I1-IILlOY iUJ!N(; :1'1'1'1:. 'K~ CI-l ML- .... OL Y'-1NYl.. :HlOR JE (r ,'c) "l~snc PIPE {lW£ (lA'1) SCR25. .;~,o~. :;Ol(~·. j>:.~ (H I':;",~J BUILDING SEWER PIPE STANDARD A~;~' 0 2(:';1: .1~IM 0 :!SI. oiSHI f tJ.:'8 ,\STM C 428 AS-fA A 71; ASTI.I A .:!Bd; ::::.5PI 301 A:;-I.t C ';'; A$T-t C :'5. C'.>.l. " 2:".1; '.:..\ 1:"1\.'1,;5; .1 :1":.'/.1 ASTU B 75. )'S1'.' B ea. AS-:-M B 251 AS-'" 0 2565; .>.sn.t } 29..:9; .l>SN 0 3034: AS-I.t t 6'11; :5,\ e 182.<:: (;';1, CAN;;:';.I. r 16/4 ~I . ~ I ,,: i!:"~\-f:Xf~i,J~ '-ri 1; .~./~~;;~::~ l-.-,,' ---%-~ ~~_ • 'j;~{ -; ,.o::.'r';~~ ZONING NOTES: ':ITF 0, ,\:'DITICN h: "IF F'II Ff) ,\~r. t>',If',-\';Ff;, /dtr; cLOO~ ELE,/; TIC\! Sh;:'LL f.',U.:·-j THL.T ':c-EX STING ~F,:)If):~~C:-~.lA r-" FLC<!q fl FV·\ -I()~, _:JT r.Ll 2£ GF':"DE~· SO ... S [.J PRE :ENT Dl?E'::T 'J lEP:...:.\N[ ~1:jCrfRG,:-OF STI)P.\I W·\ -FR :~·\iT:'· -\8 . .f.CFI··n PRCr'FRTY ,VPL .:AfF WIL_ PRC" IDE ';UR I'C (OP'S c,:=nlF:':~ TJ\I CF ':~;::VATlmIS i\t.~ GR,'OltlG ~RI:;'" E FII\t,L j·PPRJ'/i\L Sf 31JILD'~G C::P ~~Tt;iE'J', ,1 SE;:ARA r:: F::RlvllT N!LL BE =?EO.) PEe FJP: \',I/·.IO::':IS, [.')OR·; At·n~ HIJRRH"-::lNF. :HU:-T:-RS (IF h.PPI C:l,Rl =-) l'iUSS SIIJ~ Ol(cWIN~S ELECTRICA_ LIr::CIIANIC~_ PLUI,IBING RCOFIHG FE\JC 1\,; (F .~PP;_!C;:'SLE' S=CUC'ITY 3"'::,E'A (Ie ,c.PP _IUG_C: I lU?:' AI~L I'JO I )L:...'~ AF_ Ie :..iL J~Ud')\LO I,) :\ __ lWI 0: "!JOII CN(S). SP-I SITE PLA'!, =')NINC '10T[3, _=CENDS A-' FLOCP PLAll, GEIIER~_ \l8TES, SCH::OULES 1\-) =1 F\;;'. TlO~~) '\-3 SUILDING SCTIC'.::;, )ET .',ILS ',;. 1 I :jU'iI)'\ II:)~ f"L~I\, k L' 1:.'';, NC L'; 5-2 'i00F FR"MI'i:; F A'I, DF-AIIS M-' 'AECI-o"NIC~L '-'L~!'I, !'IOTES, D::T~ILS E ' ELEe-RIC ',L PLi,i\, P IIEL SC.,ULLE, NC,-ES P-l i='LU~'/ 31t\·:; p" .IN. \j0TES, JET ~ILS TREE PLANTING DETAIL SHRUB PLANTING DETAIL ~ __ ~LA~N~DSCAPELEGEND T?[C/' S:! :'UO NAt:!!':::: r----,--,--,--r-~ "':·.::H! "'f<!: ~ 'c';?: \r---W~~~ "",,-i::I-' 5g cnoE,1.:::!. ';YUI;l(l fl \T1Vf SP:::I[S Ha,3I-T CA'ICP" :':"<'\<)'1 Y1::;;/~,:': ,",L.'.tl' "'l(~ [JI'\'.IC:r. D8H \l1. . .:EF-':",S 'IIRGI~,:"'N~ u.~ OAI( 12 fT STR 10 r-:. TE .? fT SIR 10 FT 9:: 2" l.lIN. :~ 1I)j-':·~··N \..I,)}lon + / _ I::; fT JIP;")n:,,:lJ:..c·; __ +r.:::."''-''''''' .. :;_+-"_O_j-,·_"_'_+-___ ---jr-__ _ L<;CU':;I 3!::RRY PINE 2:';:>1( 1/ l!'i rT '~ :i<35}1 :~RI</HA 1 ST0R"( CF 7' -5~ ?i " _~C:..c0_~:::.~p-'£'-r'_E~G_'"_rr_E_' ____ , ___________ ~~~~~~------~~~~---'-.1 ~ ~ :>J ~ " SW 60TH AVENUE (:\ =~I TE ,0,\" \ ' ~; ----------~,-.,~, --------,-----/ :3(,c _0: '/8 = 1 -') tn W :E o :J: Z W W c:: C) « LI. :J: C :E ca LI. :J: « c :E REVISIONS: z o ~ Q Z ::I o ... C) z iii ::I o :x: 1 4-25-12 REV!3ED DA1E:3/5/2012 CHECKED BY: DRAWN BY: SRl PLOT: 100% SHEET INDEX: SIF PI!;N NUI'--S [SHEET No,: SP-1