Res. No. 074-01-11222RESOLUTION NO.74-01-11222
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
LIENS;PROVIDING FORASSIGNMENTOFCITYLIENSON
MARSHALL WILLIAMSON APARTMENTS PROPERTY TO
HABITAT FOR HUMANITY OF GREATER MIAMI,INC.;
PROVIDING AN EFFECTIVE DATE.
WHEREAS,theCityof South Miami holds liens valued in excess of
$100,000 onproperty commonly known asthe Marshall Williamson Apartment
Property;and,
WHEREAS,the property is located between S.W.61st Avenue,S.W.66th
Street and S.W.62nd Avenue,and,
WHEREAS,theCityhas initiated alien foreclosure action styled,City of
South Miami v.Williamson,et ai,Case No.97-6837-CA-03 (Fla.11th Cir.Ct.
1997),andthelitigationisalmostcomplete;and,
WHEREAS,HabitatforHumanity of GreaterMiami,Inc.hasreceived
assignments of liensonthepropertyfromthree commercial lendersandtheliens
willsurvivethe City's lienforeclosureaction;and,
WHEREAS,theMayorandCityCommissiondesiretoincreasethesupply
of affordablehousingintheCityandHabitatforHumanity of Greater Miami,Inc.
desiresto construct singlefamilyresidencesonthe property;and,
WHEREAS,toaccomplishtheobjective of increasing thesupply of
affordablehousing,thecitycommissioniswillingtoassignitslienstoHabitaton
the conditions that:(1)Habitat commence construction onat least onehomeon
thepropertywithinoneyear,andcompleteconstruction of allthehomeswithin
twoyears,fromtheeffectivedate of thisresolution;and(2)thehomesbedesigned
witharchitecturalenhancements,asapprovedbytheCRAgoverningboardwith
theadvice of theCRAAdvisoryBoard.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OFTHECITYOFSOUTHMIAMI,FLORIDA;
Additions shown by underlining and deletions shown by ovorstriking.
Section 1.TheCityAttorneyisauthorizedanddirectedtoeffectthe
assignment of the City's liensontheMarshallWilliamsonApartmentPropertyto
HabitatforHumanity of Greater Miami,Inc.Toaccomplishthisdirection,the
CityAttorneyshallpreparean Assignment of Lienswhichshallbedeliveredto
HabitatonlyuponHabitat entering intoagrant agreement withthe South Miami
CommunityRedevelopmentAgencyprovidingthat(1)Habitatshall commence
constructiononatleastonehomeonthepropertywithinoneyear,andshall
complete construction ofallthe homes within two years,fromthe effective dateof
the agreement;and(2)the homes shall be designed with architectural
enhancements,as approved bythe CRA governing boardwiththe advice ofthe
CRAAdvisoryBoard.TheCityManagerandtheCityAttorneyshallcooperate
withHabitatintheexecutionofany documents necessarytocompletethis
assignment.TheCityAttomeyshallassistcounselforHabitat,totheextent
necessary,in concluding the foreclosure litigation.
Section 2.AcopyofthisresolutionshallbetransmittedbytheCity
ClerktotheCityof South Miami Community Redevelopment Agency andthe
Code Enforcement Board.
Section 3.This resolution shalltakeeffect immediately uponapproval.
PASSED AND ADOPTED this5thday of June,2001
ATTEST:APPROVED:
CITY CLERK
TO FORM:
%44&s
MAYOR
COMMISSION VOTE:5-0
Mayor Robaina:Yea
Vice Mayor Feliu:Yea
Commissioner Wiscombe:Yea
Commissioner Bethel:Yea
Commissioner Russell:Yea
\\Dell_6100\Documents\City of SouthMiami\0022-001\9764.doc
Additions shown by underlining and deletions shown by overstriking.
Page2 of2
Res.No.74-01-11222
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:MayorandCity Comm'n.
CharlesScurr,CityManager
Greg Oravec,CRA Director
From:EarlG.Gallop,CityAttorney
Date:May 11,2001
d</
Re:Resolution Assigning Lienson
Marshall Williamson Apt.Property
toHabitfor Humanity
(Sponsored by Vice-mayor Feliu)
Subject:Aresolutionapprovingthe assignment ofCitycodeenforcementliensonthe
Marshall Williamson Apartment Property to Habitat for Humanity of Greater Miami,Inc..
Discussion:The property is located between S.W.61st Avenue,S.W.66th Street and S.W.
62n Avenue.Many years ago,the owners granted a 99-year lease toa corporation to
construct and operate apartments.The property was heavily mortgaged.The building
became a slum.Eventually,it was declared an unsafe structure.The City spent
approximately $24,000 to demolish the building.The money spent by the City,as well as
numerous code violation fines,hasa current value in excess of$100,000.There were many
other liens on the property that are held by private persons or entities.In 1997,the City
initiated a long and complicated foreclosure action to wipe out the inferior liens.The
inferior liens have been extinguished.The litigation is almost completed.During the
litigation,three commercial lenders assigned their liens to Habitat.The City and Habitat
agreed,according to controlling principles of Florida law,thatthe commercial liensare
superiortothe City's liensbecausethecommerciallienswererecordedfirst.
Habitat would like to acquire the property to build affordable single family homes.Members
of the pastand the present city commission have expressed an interest to assist Habitat in
constructing affordable housing on the property.The CRA governing board is considering
granting Habitat $20,000 per home for each home to be constructed on the property.
Several years ago,Mr.Lee Perry paid the annual ad valorem tax on the property.The cost to
him was between $6,000 and $8,000.Representatives of Habitat have stated that it will
reimburse Mr.Perry for the amount he paid for the taxes.
Mayorand City Comm'n
Charles Scurr,City Manager
Greg Oravek,CRA Director
May 10,2001
Page2 of2
Vice-mayor Feliu suggests that the assignment of the City's interest in the property be
conditioned onan agreement by Habitat thatitwillcommence construction onatleastone
home on the property within one year.He further suggests that the homes be designed with
architectural enhancements,as approved by the CRA governing board with the advice ofthe
CRA Advisory Board.TheCRAis considering granting Habitat $20,000 for each home to
be constructed on the property.The grant agreement can provide for the requirement to
design the homes with architectural enhancements.The resolution makes the delivery of
release of liens dependent on Habitat entering into the grant agreement withthe CRA.
Recommendation:Approval of theresolution.
\\Dell_6100\Documents\City of South Miami\0022-001\9766.doc
DRAFT-5/17/01
AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI
COMMUNITY REDEVELOPMENT AGENCY AND
HABITAT FOR HUMANITY OF GREATER MIAMI,INC.FOR
COMMUNITY REDEVELOPMENT AGENCY GRANT FUNDING
THISGRANT AGREEMENT ("Agreement")isenteredintothisday of June,2001
between Habitat for Humanity of GreaterMiami,Inc.,aFloridanot-for-profitcorporation
(Contractor)whoseaddressis:P.O.Box560994,Miami Floridaandthe City of SouthMiami
CommunityRedevelopmentAgency (Agency),whoseaddressis6130SunsetDrive,South
Miami,Florida 33143.
WITNESSETH:
WHEREAS,theAgencyhasallocatedCommunityRedevelopmentGrantFunds
designedtoencouragetheconstruction of infill housingandprovide financial assistanceto
qualifiedindividualsinordertoprovidesingle family owneroccupiednewhomesinthe
Agency's Redevelopment Area(theProject);and
WHEREAS,theAgencyand Contractor haveagreedtoperformthe Project in
accordancewiththeAgency's specifications;and
WHEREAS,itisacknowledgedandagreedbetweentheAgencyandthe Contractor that
thefundstobeprovidedderivefromtax increment funds appropriated bytheAgencyforthe
usesandpurposesreferredtointhisAgreement;and
WHEREAS,inconnectionwiththe performance of this Agreement,thepartieshave
agreedtocomplywithall applicable provisions of Federal,Stateandlocallaws,statutes,rules
andregulationsastheymayapplytothis Agreement.
NOW,THEREFORE,in consideration of the mutual promises andin consideration of
thegrant monies which aretobe paid by Agency,the receipt and sufficiency of which are
acknowledged,thepartiesagreeas follows:
Section 1.The following documents shall comprise the Agreement betweentheparties
and shall constitute collectively the"ContractDocuments":
a)ThisAgreement(andallattachments).
b)Building Specifications (Exhibit1).
Section2.The Agency agrees to provide tothe Contractor funds inan amount upto
Twenty Thousand ($20,000)per single family home,uptothetotal amount of $120,000 forthe
Project (Project Funds).The Project Funds shall be disbursed bythe Agency to Contractor
pursuant to Exhibit A.The Contractor agrees to provide uptosix(6)newly constructed,single
family owneroccupiedhomes,eachhometobeconstructedonthe"Marshall Williamson
Property"as identified in Exhibit B.Any material variation by Contractor from constructing
homes onthe property identified in Exhibit B shall require written approval of the Agency.
TheAgency shall pay Contractor towardsthe completion of each of thehomestobe
constructed,pursuant tothe Construction Timetable and Project Funding Schedule on Exhibit C.
Failure of Contractor tomeetany deadlines set forth in Exhibit C shall result intheAgency
withholding all further funding forthespecifichomeunder construction.
Section3.This Agreement shall terminate one year from the execution date.Uponthe
expiration ofthis Agreement,the Contractor shall return totheAgency any Project Funds
delivered to Contractor which have not been used in connection with the construction of the
Project.
Section 4.The Project shall be performed in accordance withthe applicable codes,
ordinances andstatutes of theState of Florida,theCity of SouthMiamiand Miami-Dade
County.
Section5.Any amendments,alterations,or variations tothisAgreementwillonlybe
valid whentheyhavebeen reduced to writing and duly signed bythe parties.
Section6.In addition totheAgency's provision of upto$20,000perhome,theAgency
also expresses its willingness to request thattheCity of South Miami forgive liens held bythe
City onthe Marshall Williamson Property,located at 6580 S.W.60th Avenue,South Miami.
Section7.InreturnfortheAgency contribution of $20,000perhouse and itsbestefforts
torequestthattheCity of South Miami forgive and release the above-mentioned liens,the
Contractor agrees to build architecturally enhanced projects,plans for which shall be subject to
the approval of the SMCRA,after recommendation bytheSMCRA Advisory Board,as reflected
on Exhibit 1.
Section8.TheAgency desires to enter intothis agreement only if insodoingthe
Agency can place a limit ontheAgency's liability for any cause of action arising out of this
agreement,sothatits liability never exceeds its maximum potential monetary contribution of
$120,000.The Contractor expresses its willingness to enter into this Agreement with recovery
from theAgency for any action arising out of this Agreement tobe limited toa maximum
amount of One Hundred Twenty Thousand Dollars ($120,000).Accordingly,the Contractor
agrees that the Agency shall notbe liable for any claim or damage in connection with the Project
in excess of theAgency's maximum potential monetary contribution of $120,000 under the
Agreement,for any action or claim arising out ofthis Agreement.Nothing contained in this
paragraph or elsewhere inthis Agreement isinanyway intended tobeawaiver ofthe limitation
placed ontheAgency's liability asset forth in Chapter 768,Florida Statutes.Additionally,the
Agency does not waive sovereign immunity,and no claim or award against theCity shall include
attorney's fees,investigative costsor pre-judgment interest.
Section 9.After anypaymentismadebytheAgencyandappliedaccordingtothe
requirements set forth,theAgency shall be automatically discharged fromanyandall
obligations,liabilities andcommitmentsto Contractor oranythird person orentity provided,
however,thatthisSection shall notexcusethecontinued compliance byContractorwiththe
terms of this Agreement andtheprogram requirements.
Section 10.The Agency maywithhold,inwholeorinpart,final paymentorany
progress payment tosuch extent asmaybenecessarytoprotect itself fromlossonaccount of
mattersincludingbutnotlimitedtothe following:
a)Claims of lienagainsttheContractor regarding theProject,providedsuchliens
are not bonded off asallowedbylaw.
b)Failure of theContractortomakepayment(s)tosubcontractorsorsuppliersfor
materialsorlaborregardingtheProject.
c)Reasonableevidencethatanyportion of theProjectcannotbecompletedfor
theunpaidbalance of theagreedcompensation.
d)Failure tocarryoutanyportion of theProjectinaccordancewiththeContract
Documents.
e)FailurebyContractorto complete allhomeson Attachment "A"andreceive
final certificates of occupancy within twelve (12)months of the execution of
this Agreement.
Section 11.Intheevent of a termination bytheAgency,theAgency shall additionally
beentitledto bring any and all legal and/or equitable actions in Miami-Dade County,Florida,in
order to enforce theAgency's right and remedies against the Contractor.TheAgency shall be
entitled torecover all costs of such actions including a reasonable attorney's fee,at trial and
appellate levels,totheextent allowed by law.Intheeventanysuitor legal proceeding is
brought for the enforcement of any provision ofthis Agreement,the parties agree thatthe
prevailing party or parties shall be entitled to recover from theother party or parties upon final
judgment reasonable attorneys'fees,including attorneys'fees for any appeal,and costs incurred
in bringing thesuitor proceeding.
Section 12.Contractor agrees tousebest efforts to complete the Project within twelve
(12)months ofthe date of this Agreement.Inthe event the Project isnot completed within this
time frame,and this Agreement isnot extended accordingly,this Agreement shall terminate and
all Project Funds not granted to Contractor by Agency shall remain inthe custody and control of
Agency,and all unexpendedAgency funds inthe possession of Contractor shall be returned to
theAgency.
Section 13.All notices,demands,correspondence and communications betweenthe
Agency and Contractor shall be deemed sufficiently given under the terms ofthis Agreement if
dispatched by registered or certified mail,postage prepaid,return receiptrequested,addressed as
follows:
If tothe Agency:Executive Director
SouthMiamiCommunity Redevelopment Agency
6130 Sunset Drive
Miami,Florida 33143
If toContractor:HabitatforHumanity of GreaterMiami,Inc.
P.O.Box 560994
Miami,FL 33156
Section 14.Itisagreedthat Contractor will require anybuyertorecorda purchase
money mortgage and shared-appreciation mortgageloannotesatisfactorytotheContractorand
AgencyandenforceablebytheContractorandAgency,whichwillrequirethat if anyhome
listedonAttachment "A"issold all suchnew purchasers andoccupants shall satisfythe
standards forownershiporoccupancyadoptedbytheContractorforthedevelopment of homes
intheadoptedRedevelopment Plan fortheCommunityRedevelopmentArea.
Section 15.The Contractor agreestomaintain books,records,documents andother
evidence pertaining to all costsandexpenses incurred andrevenues acquired underthis
Agreement tothe extent andinsuch detail as required bytheAgency.The books andaccounts,
filesandotherrecords of theContractor,whichare applicable tothisAgreement,shall be
available forinspection,reviewandauditbytheAgencyandits representatives todeterminethe
proper application anduse of all funds paid toorfortheaccountorthebenefit ofthe Contractor.
Section 16.Contractor shall indemnify,defend,saveandhold harmless theAgency,its
officers,agentsandemployees,fromoronaccount of all claims,damages,losses,liabilities and
expenses,direct,indirect or consequential including,butnotlimitedto,feesand charges of
purchasers,engineers,architects,attorneys,consultants andother professionals andcourtcosts
arising out of orin consequence ofthe performance ofthis Agreement at all trial and appellate
levels.Indemnification shall specifically include,butnot limited to,claims,damages,losses,
liabilities and expenses arising out of or from (a)the negligent or defective design of the Project
andwork ofthe Contractor;(b)any negligent actor omission ofthe Contractor,its
subcontractors,agents servants or employees,(c)any damages,liabilities,or losses received or
sustained byany person or persons during oron account of any negligent operations by
Contractor connected withthe construction of this Project;(d)theuse of any improper materials;
(e)any construction defect including both patent and latent defects;(0 failure to timely complete
the work;(g)the violation of any federal,state,or county orcity laws,ordinances or regulations
by Contractor,its subcontractors,agents,servants,independent contractors or employees;(h)the
breach or alleged breach by Contractor of anyterm ofthis Agreement.
Section 17.Neither party shall assign its interest inthis Agreement without express
writtenconsent oftheother party.Any violation of this provision shall constitutea default inthe
Agreement.
m WITNESS WHEREOF,the Agency andContractorhave caused this Agreement to
beexecutedthedayandyearfirstabovewritten.
WITNESS:
Name:
Name:
APPROVED AS TO FORM:
General Counsel
CONTRACTOR:
HABITAT FOR HUMANITY OF GREATER MIAMI,INC.
By:
Name:
Title:
AGENT:
SOUTH MIAMI COMMUNITY REDEVELOPMENT
AGENCY
By:
Name:
Title:Executive Director