Resolution No CRA 02-19-1090RESOLUTION NO. CRA 0 2 -19 -10 9 0
A Resolution authorizing the SMCRA Director to pay any fees to the City of South
Miami associated with the construction of the container house project; urging the
City Commission to reverse the decision of the ERPB that requires landscaping
that goes beyond the requirements of the City's Land Development Code.
WHEREAS, the adopted redevelopment plan calls for more single-family housing
construction; and
WHEREAS, to facilitate these objectives, the Agency supported the Miami Realtors
Association's quest to build a container house on a non -conforming lot in the SMCRA; and
WHEREAS, the Miami -Dade County Commission conveyed the lot for this project to
the SMCRA with the directive that it seek to get all government fees waived and sell the house
at the cost of construction; and
WHEREAS, staff has determined that all the final government fees cannot be fully
determined at this time, but seeks to facilitate the spirit of the County Commission's directive;
and
WHEREAS, the Agency would rather pay the fees than have the City bearing the cost;
and
WHEREAS, the Environmental Review and Preservation Board (ERPB) requested
substantial landscaping upgrades beyond the minimum requirements of the City of South
Miami Code; and
WHEREAS, the Board desires to facilitate goals and objectives of the community
redevelopment plan by facilitating new housing construction by private entities.
NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The South Miami Community Redevelopment Agency Board authorizes
the Agency to pay any city fees associated with the construction of the container house
project; and charging the total amount to Account No. 610-1110-554-34-60 (Residential
Rehabilitation Account).
Section 2. The South Miami Community Redevelopment Agency Board urges the
South Miami City Commission to reversed the decision of the Environmental Review and
Preservation Board that requires landscaping that exceeds requirements of the Land
Development Code.
Section 3. This resolution shall take effect immediately upon adoption.
It
Page 1 of 2
CRA Res. No. 02-19-1090
PASSED AND ADOPTED this 1 4th day of January, 2018.
ATTEST: APPROVED:
SECRETA Y CHAIR ERSON
READ AND
GEWRALCOU
Board Vote:
7-0
Chair Stoddard:
Yea
Vice Chair Harris:
Yea
AS TO FORM: Member Welsh:
Yea
Member Liebman:
Yea
Member Gil:
Yea
Member Jackson:
Yea
n n Member Kelly:
Yea
Page 2 of 2
Agenda ftem No:2.
South Miami Community Redevelopment Agency Agenda item Report
Meeting Date: January 14, 2019
Submitted by: Evan Fancher
Submitting Department: Community Redevelopment Agency
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the SMCRA Director to pay any fees to the City of South Miami associated with the
construction of the container house project; urging the City Commission to reverse the decision of the ERPB
that requires landscaping that goes beyond the requirements of the City's Land Development Code.
Suggested Action:
Attachments:
Container Memo.doc
Resolution re Container House fees and appeal.doc
Deed Container Home.pdf
mod' I
CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY
OFFICE OF THE DIRECTOR
SMCRA INTER -OFFICE MEMORANDUM
'.wAvgw.lkylAviarla Gmta4xvminc NbF wvllx:,_,
To: The Honorable Chairman & Members of the SMCRA Board
FROM: Evan Fancher, Director
DATE: January 14, 2019
SUBJECT: A resolution authorizing the SMCRA Director to pay any fees to the City of
South Miami associated with the construction of the container house
project; urging the City Commission to approve an appeal of the ERPB
conditions for landscaping that goes beyond the City of South Miami
code.
BACKGROUND: The SMCRA and the Miami Realtors Association has partnered with
Miami -Dade County and the City of South Miami to produce the first
container house for sale in the City of South Miami. The house will be
sold at cost and deed -restricted.
When the idea was presented to the County Commission formally, the
Commissioners expressed concerns over some of the soft costs of the
project and the additional landscaping costs. The County Commission
agreed to convey the property for the construction of the home with the
condition that as many of the government fees be waived as possible.
Staff continues to work with the City administration to move the project
along, but is seeking authorization to help with the fees. We recognize
that the City should not unilaterally bear the cost of these fees, so the
Agency would need to step in to keep the price of this home low.
The fees could include the appeal fee to appeal the ERPB decision to add
additional landscaping requirements to the project that go beyond the
requirements of the Land Development Code. In addition, there will be
permitting fees associated with the project.
This resolution would authorize the SMCRA Director to pay those fees and
not seek a waiver from the City. A full documentation of the fees will be
provided to the SMCRA Board.
The resolution would also urge the City Commission to approve an appeal
of the conditions of the ERPB approval that ask the project to go beyond
the landscaping requirements of the Land Development Code.
Staff recommends that the board approve this item and authorize the 2
expenditure.
e®e
11111.1 SMCRA
ti. •��� ,.�,iaeocnareami�c�wtwcnr-
FUNDING SOURCE:
ATTACHMENTS:
CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY
OFFICE OF THE DIRECTOR
INTER -OFFICE MEMORANDUM
The expenditure will be taken from the Redevelopment Services Account
610-1110-554-34-60.
Resolution
Deed
Instrument prepared by and returned to:
Terrence A. Smith
Assistant County Attorney
111 N.W. I" Street, Suite 2810
Miami, Florida 33128
Folio No: See Exhibit "A" attached.
COUNTY DEED
� # 111.
OR BK 31257 figs 1297-130 (7r'J; r
THIS DEED made this r � "dayof DEC2018 b MIA -
y MI DADE COUNTY, a
political subdivision of the State of Florida (hereinafter "County"), whose address is: Stephen P.
Clark Center, I I I N.W. I Street, Miami, Florida 33128-1963, and MIAMI ASSOCIATION OF
REALTORS, INC., A 501(c)(6) not -for -profit organization (hereinafter "Miami Realtors"),
whose address is 700 S. Royal Poinciana Boulevard, Suite 400, Miami, Florida 33166, its
successors and assigns.
WITNESSETH that the County, for and in consideration of the sum of Ten Dollars and
No/100 ($10.00) to it in hand paid by Miami Realtors, receipt whereof is hereby acknowledged,
has granted, bargained, and sold to Miami Realtors, their successors and assigns forever, the
following described land lying and being in Miami -Dade County, Florida (hereinafter the
"Property"):
As legally described in Exhibit "A" attached hereto and made a part hereof
THIS CONVEYANCE IS SUBJECT TO all zoning, rules, regulations and ordinances
and other prohibitions imposed by any governmental authority with jurisdiction over the Property;
existing public purpose utility and government easements and rights of way and other matters of
record; taxes for the year of closing and subsequent years and the following restrictions:
1. That the Property shall be developed by Miami Realtors with affordable
shipping container home ("Dwelling Unit") and maintained as permanent
affordable housing in accordance with Section 125.379, Florida Statutes.
Miami Realtors shall sell such Dwelling Unit to a qualified homebuyer whose
income range is established at 80% of the most recent median family income
for the County as reported by the United States Department of Housing and
Urban Development. Prior to such conveyance, a restrictive covenant, in a
form approved by the County, in its sole discretion, shall be executed by such
qualified homebuyer, and such restrictive covenant shall be recorded in the
public records of Miami -Dade County.
2. That the Property shall be developed within two (2) years of the recording of
this Deed, as evidenced by the issuance of a final Certificate of Occupancy.
Notwithstanding the foregoing restriction contained in this Paragraph 2, the
County may, in its sole discretion, waive this requirement upon the Miami -
Dade Board of County Commissioners finding it necessary to extend the
timeframe in which Miami Realtors must complete the Dwelling Unit. In
[:
order for such waiver by the County to be effective, it shall:
a. Be given by the County Mayor or the County Mayor's designee prior to
the event of the reverter; and
b. Be evidenced by the preparation of a letter executed by the County Mayor
or the County Mayor's designee giving such waiver and specifying the
new time frame in which Miami Realtors must complete the Dwelling
Unit. The letter by the County shall be conclusive evidence upon which
any party may rely that the condition of the reverter has been extended to
such date as specified in said waiver. If no waiver is recorded and a
certificate of occupancy is not issued within two (2) years from the date
of this Deed, any party may rely upon the fact that the reverter has
occurred and that title has reverted to the County.
3. That the Dwelling Unit developed on the Property shall be sold to a qualified
household at Miami Realtor's cost, but under no circumstances shall the sales
price of the home exceed the maximum sales price set forth in Implementing
Order No. 3-44. In the event Miami Realtors fails to sell the home to a
qualified household or sells the Dwelling Unit above the maximum sales price
set forth in Implementing Order No. 3-44, and Miami Realtors, upon written
notification from the County, fails to cure such default, then title to the subject
Property shall revert to the County, at the option of the County, as set forth in
paragraph 9 of this Deed, and by such reverter to the County, Miami Realtors
shall forfeit all monetary investments and improvements without any
compensation or right to compensation whatsoever.
4. That if the Property is located within the HOPE VI Target Area ("Target
Area"), Miami Realtors shall comply with the requirements set forth in
Resolution No. R-1416-08, including but not limited to providing former
Scott/Carver residents the right of first refiisaI of the Dwelling Unit to be sold
within the Target Area. The County will provide a list of former Scott/Carver
residents in order for Miami Realtors to notify these residents of the
availability of homeownership opportunities.
5. That Miami Realtors shall not assign or transfer its interest in the Property or
in this Deed absent consent of the Miami -Dade County Board of County
Commissioners, with the exception of any conveyance to qualified
homebuyers.
6. Miami Realtors shall require that the qualified household purchasing the
Dwelling Unit execute and record simultaneously with the deed of
conveyance from Miami Realtors to the qualified household the County's
"Affordable Housing Restrictive Covenant," and include the following
language in the deed of conveyance:
"This Property is subject to an "Affordable Housing Restrictive
Covenant" recorded simultaneously herewith, which states that the
Property shall remain affordable during the "Control Period." The 7
Control Period commences on the initial sale date of the eligible home,
which is the date the deed is recorded transferring title- from Miami
Realtors to the first qualified household, and resets automatically
every twenty (20) years for a maximum of sixty (60) years. In the
event Grantee wishes to sell or refinance the home during the Control
Period, Grantee shall obtain prior written approval from the County.
Any such sale, transfer or conveyance, shall only be to a qualified
household at or below the maximum sales price as calculated in the
restrictive covenant. Should Grantee own this home for twenty
consecutive years, Grantee shall automatically be released from the
Affordable Housing Restrictive Covenant." ,
7. That Miami Realtors shall pay real estate taxes and assessments on the
Property or any part thereof when due. Miami Realtors shall not suffer any
levy or attachment to be made, or any material or mechanic's lien, or any
unauthorized encumbrance or lien to attach, provided, however, that Miami
Realtors may encumber the Property with:
a) Any mortgage(s) in favor of any institutional lender for the
purpose of financing any hard costs or soft costs relating to the
construction of the Project in an amount(s) not to exceed the value
of the Improvements as determined by an appraiser; and
b) Any mortgage(s) in favor of any institutional lender refinancing
any mortgage of the character described in clause a) hereof; in an
amount(s) not to exceed the value of the Improvements as
determined by an appraiser.
c) Any mortgage(s) in favor of any lender that may go into default,
lis penden, foreclosure, deed in lieu of foreclosure, certificate of
title or tax deed issued by the government or through court order,
the affordable deed restrictions are enforceable and can only be
extinguished by the County. The deed restrictions shall run with
the land notwithstanding the mortgage or change in ownership for
the control period. The affordable deed restrictions apply to the
"successors heirs and assigns" of the burdened land owner.
8. The recordation, together with any mortgage purporting to meet the
requirements of paragraph 7(a) or 7(b) above, of a statement of value by a
Member of the American Institute of Real Estate Appraisers (MAI), (or
member of any similar or successor organization), stating the value of the
Project is equal to or greater than the amount of such mortgages(s), shall
constitute conclusive evidence that such mortgage meets such requirements,
and that the right of any reverter hereunder shall be subject to and limited by,
and shall not defeat, render invalid, or limit in any way, the lien of such
mortgage. For purposes of this paragraph an "institutional lender" shall mean
any bank, savings and loan association, insurance company, foundation or
other charitable entity, real estate or mortgage investment trust, pension
funds, the Federal National Mortgage Association, agency of the United
States Government or other governmental agency. In any event, the term
"Institutional lender" shall be deemed to include Miami -Dade County and its 8
respective successors and assigns.
9. If in the sole discretion of the County, the Property ceases to be used solely
for the purpose set forth in paragraph 1 herein by Miami Realtors, or if Miami
Realtors fails to construct the Dwelling Unit described herein in the manner
and within the timeframe set forth in paragraph 2 herein, or if Miami Realtors
ceases to exist prior to conveyance to the qualified homebuyers, or if any term
of this County Deed is not complied with, Miami Realtors shall correct or
cure the default/violation within thirty (30) days of notification of the default
by the County as determined in the sole discretion of the County. If Miami
Realtors fails to remedy the default within thirty (30) days, title to the subject
Property shall revert to the County, at the option of the County upon written
notice of such failure to remedy the default. In the event of such reverter,
Miami Realtors shall immediately deed such Property back to the County, and
the County shall have the right to immediate possession of such Property,
with any and all improvements thereon, at no cost to the County. The
effectiveness of the reverter shall take place immediately upon notice being
provided by the County, regardless of the deed back to the County by Miami
Realtors. The County retains a reversionary interest in the Property, which
right may be exercised by the County, at the option of the County, in
accordance with this Deed. Upon such reversion, the County may file a Notice
of Reversion evidencing same in the public records of Miami -Dade County.
10. All conditions and restrictions set forth herein shall run with the land, and
shall be binding on any subsequent successors, assigns, transferees, and
lessees, of any interest, in whole or in part, in the Property.
Upon receiving proof of compliance with all of the Deed restrictions listed above, to be
determined in the County's sole discretion, the County shall furnish Miami Realtors with an
appropriate instrument acknowledging satisfaction with all Deed restrictions listed above. Such
satisfaction of Deed restrictions shall be in a form recordable in the Office of the Clerk of the
Circuit Court of Miami -Dade County, Florida.
This grant conveys only the interest of the Miami -Dade County and its Board of County
Commissioners in the Property herein described and shall not be deemed to warrant the title or to
represent any state of facts concerning the same.
E
IN WITNESS WHEREOF Miami -Dade County has caused these presents to be executed
in its name by its Board of County Commissioners acting by the Chairperson of the Board, the day
and year aforesaid.
(OFFICIAL SEAL)
ATTEST:
HARVEY RUVIN, CLERK
By: By:
Deputy Clerk
Approved for legal sufficiency: 1 1
J i By• CAI-
Terren"cY A. Smith
Assistant County Attorney
MIAMI-DADE COL
BY ITS BOARD OF
COUNTY COMMIS
, FLORIDA
Esteban L. BoNb Jr., Chairman
The foregoing was authorized by Resolution No. R-1119-18 approved by the Board of
County Commissioners of Miami -Dade County, Florida, on the 8th day of November, 2018.
10
IN WITNESS NNrHEREOF, the representative of MIAMI ASSOCIATION OF
REALTORS, INC., A 501(c)(6) not -for -profit organization. has caused this document to be
executed, by, their respective and duly authorized representative on this i q� day of
loz 2018. and it is hereby approve
B.
Witness/Attest N;
Ti
Wis/Attest
STATE OF FLORIPA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
2018, by
as
of MIAMI ASSOCIATION OF REALTORS, INC.. A 501(c)(6) not -for -
profit organization, and gas roduced as
identification or ( is personally kno«n�t:ne.
,.''+'"",, EilRECK11R,8ROWN
J. my comwsS10P) FF9144S1 �0
z EXPIRES: November2
(SEAL) Bo�an��►a�WW 4
Notary of- State of /0 z
Commission Number: � 1 y{ 91
11
LASS" PAGE
Folio j Legal Description
09-4025-009-0010 I LOTS 1 F�2L RW LESS S SB& W10FT
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