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04-13-09SOUTh mcoeron� *co sz� P ��O KlO 'I I 111.' a, 2001 lwhrrq over &1 &ghbt)rhond n Groo PP€a r tz,) l ivn, Work wid PIdy" SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY CRA Meeting Meeting Date: Monday, April 13, 2009 Time: 6:30 PM Next Meeting Date: Monday, May 11, 2009 Time: 6:30 PM 6130 Sunset Drive, South Miami, FL Phone:(305) 668 -7236 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 $500.00 per Ord. No. 44 -08 -1979. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all - legislative, quasi - judicial and administrative action. It does not apply to not - for - profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. ROLL CALL: B. INVOCATION: C. PLEDGE OF ALLEGIANCE: COMMUNITY REDEVELOPMENT AGENCY Z AGENDA - April 13, 2009 REGULAR MEETING 1. APPROVAL OF MINUTES A) March 9, 2009* 2. DIRECTOR'S REPORT: A) Monthly Expenditure Report* B) Current Construction Proj(Eicts *. C) Mobley Building Renovation Status* D) Park Restroom Construction Status* E) Lee Park By -Law Analysis (Board Requested)* F) Bowman Scholarship Announcement* G) Board Requested Information* 3. GENERAL COUNSEL REPORT A) South Miami Gardens Improvement Efforts* *Attachments PUBLIC COMMENTS (5- minute limit) CONSENT AGENDA 4. A RESOLUTION OF THE CITY REDEVELOPMENT AGENCY (SMCRA) APPROVING ATTORNEY'S FEES FOR FOR INVOICES DATED MARCH 31, $1,448.18; AND CHARGING THE Al 564 -31 -20 (GENERAL CORPORATE EFFECTIVE DATE. COMMUNITY REDEVELOPMENT AGENCY 2 AGENDA - April 13, 2009 OF SOUTH MIAMI COMMUNITY RELATING TO ATTORNEY FEES; NAGIN GALLOP FIGUEREDO, P.A., 2009 IN THE TOTAL AMOUNT OF 4OUNT TO ACCOUNT NO. 610-1110 - ACCOUNT); AND PROVIDING AN RESOLUTIONS 5. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO LAND ACQUISITION AND AFFORDABLE HOUSING DEVELOPMENT; AUTHORIZING THE SMCRA DIRECTOR TO ADVERTISE A REQUEST FOR PROPOSAL AND QUALIFICATIONS FOR CONTRACTUAL SERVICES FOR THE CONVEYANCE OF TWO SMCRA OWNED PROPERTIES LOCATED AT 5928 SW 66TH STREET (FOLIO NO. 09- 4025 - 028 -0200) AND 6457 SW 60TH AVENUE (FOLIO NO. 09- 4025 - 010 -0060) FOR CONSTRUCTION OF TWO "MODERATE INCOME" SINGLE - FAMILY AFFORDABLE HOMES; AND PROVIDING AN EFFECTIVE DATE. 6. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO HOUSING REHABILITATION; AUTHORIZING THE SMCRA DIRECTOR TO DISBURSE REHABILITATION GRANT FUNDING IN THE TOTAL AMOUNT OF $1,065 TO MR. AND MRS. TOMMIE SMALL TO REPLACE DAMAGED KITCHEN CABINETS AND BATHROOM FIXTURES AT 6023 SW 69TH STREET, UNIT #18 AND CHARGING THE TOTAL AMOUNT TO ACCOUNT NO. 610-1110 - 553- 99- 30(MULTI- FAMILY /RESIDENTIAL REHABILITATION GRANT ACCOUNT); AND PROVIDING AND EFFECTIVE DATE. 7. A RESOLUTION OF THE CHAIR PERSON AND SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS RELATING TO THE APPOINTING MR. LUIS FIGUEREDO AND FIGUEREDO BOUTSIS & MONTALVO, P.A. D /B /A FBM LAW OFFICES TO SERVE AS GENERAL COUNSEL; AND PROVIDING AN EFFECTIVE DATE. BOARD COMMENTS ADJOURNMENT 0611KIN PU Ni 72Ki noflOf =ff 11011On "-1(k)(1) Of INE 0006 Of ORDIMBOU PRo"ou Tiler "SArmaron IfaK/n6 Pi uonal Impo "UnT. OR AffivoR011! Romm1 Lf OR ONO !Nall iioost ioinv"IN 6111m ADDRiillnG Two 00m/Ull/on !Noll " romw1ulm IaRRiD fWZ JUMER oOD1008119fOR/ WE 00=011 it THE PRIND /n6 OMOIR, !/mill Pimialon 70 00nflnDi m dmmD ira ®a/0R/Tr Von or 7we commlli/Oa. " PURSUANT TO FLA 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. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. COMMUNITY REDEVELOPMENT AGENCY 3 AGENDA - April 13, 2009 t--7 \ "1 l49 i f A 2001 "Making our Neighborhood a Greot Place to Live, War* and Play" To: Honorable Chair and SMCRA Board Mend From: Stephen David, SMCRA Direct Date: April 13, 2009 ITEM No. MONTHL Y EXPENDITURE REPORT Attached as Exhibits A is the SMCRA monthly expenditure report for february 2009. Attachments. 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MWOM z 4 wzw wzw 4 o U a -,OX 1 04 I 'awrD o:wrx,ww aqx o O a am 0 0 for I H I H`XH WR40NN WHW HHH HHH W rG?I r� riwxI 1 04x0 xox00 xwx mom mom x H HH H \NF 1 04t:) HwNlxx HWH WNW WNW H 0� OH Oh M',�� 1 I UNU ON I wa OW4O np4p Qf4p O HU HU HU oC7O 1 Uh0 w pQ , o i1) In o♦ o f o 1 # 4 o ri : P.- O O w I i N N i Ln i< ri i ri # ri W ET4 I ri I r-I ri IX O I 1D W , •k H H ri ri d' Tr d1 H ri H H H ri N N N it i1 ri 1D I a 1 * MMMM MMM 101010 rrr rrr i< i1 K P4 D4 H 1 D I r r- r 00 00 co H W �7 N 04 U I W m w I in If) In If) to to q q rx, 42 MIWO R"St4 2001 'Making our Neighborhood a Great Place to Live, Work and Ploy' To: Honorable Chair and SMCRA Board From: Stephen vid, SMCRA Directo Date: April 13, 2009 ITEM No. CURRENT CONSTRUCTION PROJECTS . As part of an area -wide construction update of Board initiated and encouraged projects, a project map including current and pending construction projects and additional photographs of projects nearing completion have been attached as Exhibits A through E (See Exhibit List Below). Exhibit A — Overall Construction Activity Map of SMCRA funded or assisted projects both under construction and pending commencement. (Completion Dates - Various) Exhibit B — SMCRA Board Initiated Construction Project - "Moderate Income" Affordable Housing Dedication — 5899 SW 67th Street. (Construction Completed - March 2009) Exhibit C — SMCRA Board Initiated Construction Project - "Moderate Income" Affordable Housing — 6400 SW 57th Court. (Completion Date — April 20, 2009) Exhibit D — SMCRA Funded Children's Rehab Network Renovation Project — 5920 SW 68th Street (Completion Date — May 2009) Exhibit E — Somerset Charter School — 6876 SW 68th Street (Completion Date — Summer 2009) Attachments: SMCRA Project Map SMCRA Affordable Home Dedication Photo SMCRA Affordable Housing Project Photo Somerset Charter School Photo Children's Rehab Renovation Photo SD /MCGRUFF \PLANNING \CRA \Current Construction Projects.doc EXHIBIT A SMCRA Construction Activity Map (April 1, 2009) South Miami Community Redevelopment Agency Area NE TO TM-C-R-A-7- S CRA Boundary J City's Boundary END 0 02011111111111 1 �o oP oo ®oo�om ®© Mae a Now ® ■ ©000 ©0000000 �amo ©�o ®o MOMM © ®o ii ©� Mon moo C 10 �0 1.000 kw AM Lz me RED ROAD CONA!ONS SOUTH ■ NA4N1 GARDENS 111IIIIIIII!W Mob1zliTt I if . . . . . . . . . . MIN SIVICRA Initiated and Assisted Construction Projects • On-Going & Pending Construction EXHIBIT B1 SMCRA AFFORDABLE HOME DEDICATION CEREMONY - March 27, 2009 EXHIBIT B2 1� SMCRA AFFORDABLE HOME DEDICATION CEREMONY- March 27, 2009 Affordable Housing Committee Member, Jacquelyn Cofield, SMCRA Director, Stephen David, SMCRA Chair Horace Feliu Homeowner, Gloria Brown and Family EXHIBIT B3 SMCRA AFFORDABLE HOME DEDICATION CEREMONY - March 27, 2009 SMCRA Vice Chair Brian Beaslev, Homeowner, Gloria Brown, EXHIBIT C 6400, SW 57" Court, Miami, Florida 33143 EXHIBIT D Children's Rehabilitation Network (5920 SW 68th Street, South Miami, Florida 33143) EXHIBIT E Somerset Charter School (5876 SW W1 Street, South Miami, Florida 33143) 1111o) SMCRA 2001 'Making our Neighborhood a Great Place to Live, Work and Play' To: Honorable Chair and SMCRA Boar em From: Stephen SMCRA Date: April 13, 2009 ITEM No. MOBLEYBUILDING CONSTRUCTION STATUS Pending approval by the City Commission of a two and a half foot (2.5') landscape variance, the building permitting process shall be initiated by the City's Building Department. Also pending approval by the City Commission, contractor selection and subsequent building construction shall commence. Based on the fact that this item shall be coming before the City Commission for approval on April 20, 2009, it is recommended that any further discussion during tonight's meeting regarding this item be prohibited. Attachments: SMCRA Landscape Variance Request SD/Mobley Building Construction Status To: 11H., zb�2cn% 7001 'Making our Neighborhood a Great Place to Live, Work and Play" Honorable Chair and SMCRA From: Stephen SMCRA Date: April- 13, 2009 ITEM No. . MARSHALL WILLIAMSON PARK RESTROOM CONSTRUCTION STATUS Staff is currently meeting with other relevant City Departments including Parks and Recreation, Police, Building and Public Works to develop a final bid package for development of the restroom project. Contractor selection shall be based on a design/build construction approach. Following receipt of the requested bid packages, staff shall return to the Board for approval of final contractor selection. Attachments: SD /Marshall Williamson Park Restroom Construction Status IWO' 2001 "Making our Neighborhood a Great Place to Live Work and Play" To: Honorable Chair and SMCRA Board Members From: Stephen David, SMCRA Direct Date: April 13, 2009 ITEM No. —;A IE LEE PARK BY -LAW ANALYSIS During the March 9, 2009 Meeting the Board requested a copy of the Lee Park condominium by -laws in order to determine the stated repair responsibilities of the condominium association. The question raised by the Board during the last meeting was whether improvements funded by the SMCRA are also overlapping responsibilities of the Lee Park Association. Copies of the current by -laws were subsequently placed in each Board Members mail box and were also forwarded to General Council for a final legal determination. Based on legal review, General Council has determined that the condominium association responsibilities are generally related to all common areas of the Complex (See Exhibit A). Also- according to General Council, all elements contained within of the individual homeowner units are generally the responsibility of the unit owner. Based on aforementioned determinations, the recently approved housing rehabilitation application appears to contain repair items which are the responsibility of the unit owner. Therefore, staff shall resume administration of approved grant including all repair items contained in the originally approved contractor estimate (See Exhibit B). Attachments: SMCRA Board Approved Rehabilatation Estimate SD /MCGRUFF \PLANNING \CRA \Lee Park By -Law Analysis.doc 1EXNIBIT David, Stephen From: Eve Boutsis [eboutsis @ngf- law.com] Sent: Monday, March 23, 2009 9:06 AM To: Beasley, Brian; Feliu, Horace G; Beckman, Jay1; L. Williams; Menendez, Maria -M.;- Payne, Nkenga; Rodney Williams, David, Stephen; Newman, Valerie; Palmer1, Velma Subject: FW: SMCRA Board Request Importance: High Hello everyone: Enclosed is the information you requested. Please see below. Thank you. Eve Eve A. Boutsis, General Counsel to the City of South Miami Community Redevelopment Agency 18001 Old Cutler Road, Suite 556 Palmetto Bay, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 eboutsis(o)-ngf- law.com IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS E -MAIL, PLEASE NOTIFY US IMMEDIATELY. THANK YOU. From: Eve Boutsis Sent: Monday, March 23, 2009 9:03 AM To: 'David, Stephen' Cc: Luis Figueredo Subject: RE: SMCRA Board Request Importance: High Stephen: First, the documents provided, are not signed, nor recorded. So, I have no way of telling if the document is final and are the actual Lee Park Condominium documents. Like most condo docs, much of the language is standard. A condo association has common areas, or common elements. Per these documents, the common elements means "the portion of the condo property NOT LOCATED IN THE-THE CONDO UNIT, but shall include chases through each unit for electrical conduits, plumbing, pipes, duct telephone lines and other facilities for the furnishing of utility services to each unit. The boundary of each unit, for ownership purposes, is the boundary of the interior unfinished surfaces at the ceiling, floor and perimeter walls. All bearing walls, are part of the common elements - up to the unfinished surface of said walls. Common elements also include all lands and portion of the condo building not located with in the confines of a unit. So, to explain this simply, other than for utility connections and lines, the interior of each unit is the responsibility and ownership of that unit. The bearing walls, outside walls, roof, are responsibility of the condo association. As to repairs requested in the estimate.... it looks like cosmetic repairs, meaning the final finishes to walls, floors, etc within a unit. If so, it is unit owner's responsibility. But, that is something the architect or contractor would have to determine. I am not sure that I have enough information or description from information to say definitively. Balconies, per the documents, are limited common elements. For example, if there is a crack in a bearing wall that could leak from outside, that would be repair for condo association. If the repair is to smooth out the walls, fix the interior walls, non - bearing walls, it is the responsibility of the unit owner. Same with the floor. If the essence of the floor, the integrity of the floor is at jeopardy it would probably be a condo association responsibility. Remember, it is the unfinished, integrity that would be responsibility of the condo assoc. Hope this helps. 4/9/2009 Eve Eve A. Boutsis, General Counsel to the City of South Miami Community Redevelopment Agency 18001 Old Cutler Road, Suite 556 Palmetto Bay, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 eboutsis(a-ngf- law.com IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS E -MAIL, PLEASE NOTIFY US IMMEDIATELY. THANK YOU. From: David, Stephen [mailto:Sdavid @cityofsouthmiami.net] Sent: Friday, March 13, 2009 10:25 AM To: Eve Boutsis Cc: Luis Figueredo Subject: SMCRA Board Request Eve, During Monday night's meeting, the Board requested an analysis of the Lee Park condominium by -laws. The intent of the Board was to insure that any multi - family grant repairs to be paid by the SMCRA are not also the responsibility of the Lee Park Condominium Association. Following the meeting, a package containing the Lee Park by -laws was provided to each Board member and to General Council (See Attached). At your earliest convenience, please provide a brief determination regarding the maintenance /repair responsibilities of the Lee Park Condominium Association as it relates to the repair estimate attached above. Thanks Stephen 4/9/2009 EXHIBIT B A.L.J. L °SUPERIOR HOME IMPROVEMENTS" CELL 305 - 905- 7083.OFFICE 305- 254- 208003FAX 305 -254 -9888 PROPOSAL SUBMITTED TO: PHONE t re 73Z WORK TO BE PERFOMED AT: WE HER`EB -Y PROPOSE TO PERFORM THE LA R NECESSARY FOR THE COMPLETION /- OF /l -f C�/ fi "ci / 1D aL�- I ) hill l t Lctx ?",:L Ge—l'TC'�c Pr�� (f�C • Pi`i _ All Mat Ial is guaranteed to as specified, and the above work to he pe ormed In accord nce ith the dnwin` sand /or pecIfications submitted forabove vmrk, and completed Ina substantial workmanlike manner forthe sum of �ti c ears ($�%� with payments to be made as follows: DEPOSLTo54 24 Hours before Job starts. BALANCE X 24 Hours before Job ends. ✓�'`' Respectfully Submitted a C START DATE—.---k - ,. COMPLETION DATE vLt. Per DATE ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. MAKE ALL CHECKS PAYABLE TO ANTHONY L. JACKSON IUV moos 'Making our Neighborhood a Great Place to live, Work and Play' To: Honorable Chair and SMCRA Board —A4ema From: Stephen David, SMCRA Direct Date: April 13, 2009 ITEM No. JAMES BOWMAN SCHOLARSHIP ANNOUNCEMENT During the November 10, 2008 Meeting, the Board approved specific eligibility criteria for the annual James T. Bowman Scholarship Program (See Exhibit A). As part of the approved criteria, the SMCRA shall advertise annually on May 1St and request an annual submission deadline of June 30th. This year's total budgeted funding for the program is $11,000. An advertisement regarding this year's scholarship program shall be placed in local publications including the South Miami Community News as well as on the City's web page starting Friday, May 1, 2009. The deadline date for the submission of applications shall be Tuesday, June 30, 2009. Attachments: SMCRA Board Approved James T. Bowman Scholarship Criteria SD /James T. Bowman Annual Scholarship Announcement.doc To: Honorable Chair From: Stephen David, SMCRA Direct SMICRA 2001 "Aackii -g our 'vee ghhorhorid G Grp` P,Gre m Live, t fork G sd F1Gy° EXHIBIT A. Date: November 10, 2008 ITEM No. JAMES T. BOWMANPROPOSED SCHOLARSHIP CRITERION A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO ANNUAL SCHOLARSHIP FUNDING; AUTHORIZING THE APPROVAL OF SPECIFIC CRITERIA AND ELIGIBILITY REQUIREMENTS FOR THE JAMES T. BOWMAN SCHOLARSHIP PROGRAM; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND During the August 11, 2008 Meeting, the Board approved 07/08 funding for seven individual scholarship applicants. During the meeting several proposed criteria were suggested by the Board for future incorporation in the program. During prior fiscal years funding was awarded predominantly based on the Board's discretion. During the 08/09 Budget approval process, the Board approved a total James T. Bowman funding allocation of $11,000. Based on direction provided during the August Meeting, the following criteria and eligibility requirements were suggested by Board Member L. Williams (Exhibit A): Proposed Program Eligibility and Application Requirements a) The scholarship program announcement shall be advertised annually on May 1st with a deadline submittal date of June 30th. If either of the two dates falls on a holiday or weekend, the next business day shall apply to either the May 1St advertising date or June 30th submission deadline. b) The SMCRA scholarship application package shall include a current map of the SMCRA area for the purposes of determining area applicant residency. c) The SMCRA scholarship application package shall include an avidavit which shall be completed by the applicant to formal certify applicant residency in the SMCRA area. Scholarship awardees shall be required to return all monies received if residency information is subsequently determined to be inaccurate. Program applicants shall also be required to verify area residency by submitting one of the following documents: A current rental lease agreement; property deed indicating ownership; parental tax return indicating applicant as dependent; sealed letter of address verification from a recently graduated high school for freshman or address verification from an attending college for sophomore, juniors and seniors. d) The SMCRA scholarship application package shall include information regarding the opportunity for eligible applicants to obtain possibly community service hours through City of South Mianii Human Resources Department. e) Program applicants shall also be required to demonstrate that they have maintained a 2.0 grade point average during the completed high school year or during prior year college enrollment. Approval of the attached resolution shall authorize incorporation of the aforementioned program e' e r e u .._Bowman- _Scholarship Program. RECOMMENDATION Staff recommends approval of the attached resolution authorizing the above referenced program criteria and eligibility requirements for the James T. Bowman Scholarship Program. Attachments: Draft Resolution Program Eligibility and Application Requirements SD/MCGRUFF\PLANNING \CRAUames T. Bowman Annual Scholorship Criteria.doc RESOLUTION NO. CRA 45 -08 -357 A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY_ ( SMCRA) RELATING TO ANNUAL SCHOLARSHIP FUNDING; AUTHORIZING THE APPROVAL OF SPECIFIC CRITERIA AND ELIGIBILITY REQUIREMENTS FOR THE JAMES T. BOWMAN SCHOLARSHIP PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, during the August 11, 2008 Meeting, the Board approved 07/08 funding for seven individual scholarship applicants and suggested specific program criteria for future incorporation in the scholarship program; and, WHEREAS, in prior fiscal years awarding of James T. Bowman scholarship funding was predominantly decided at the Board's discretion only; and, WHEREAS, during the 08/09 Budget approval process, the Board approved a total James T. Bowman funding allocation of $11,000; and WHEREAS, the following proposed criteria and eligibility requirements were subsequently submitted by Board Member L. Williams: a) The scholarship program announcement shall be advertised annually on May lst with a deadline submittal date of June 30th. If either of the two dates falls on a holiday or weekend, the next business day shall apply to either the May 1st advertising date or June 30th submission deadline. b) The SMCRA scholarship application package shall include a current snap of the SMCRA area for the purposes of determining area applicant residency. c) The SMCRA scholarship application package shall include an affidavit which shall be completed by the applicant to formal certify applicant residency in the SMCRA area. Scholarship awardees shall be required to return all monies received if residency information is subsequently determined to be inaccurate. Program applicants shall also be required to verify area residency by submitting one of the following documents: A current rental lease agreement; property deed indicating ownership; parental tax return indicating applicant as dependent; sealed letter of address verification from a recently graduated high school for freshman or address verification from an attending college for sophomore, juniors and seniors; or a Florida Power & Light billiniz statement accompanied by a sworn affidavit from applicant verifying the location. of pei-rnanent residency. Page 1 of 2 Res. No. CRA 45 -08 -357 d) The SMCRA scholarship application package shall include information regarding the opportunity for eligible applicants to obtain possibly community service hours through City of South Miami Human Resources Department. e) Program applicants shall also be required to demonstrate that they have maintained a 2.0 grade point average during the completed high school year or during prior year college enrollment; and WHEREAS, the Board desires to encourage fairness and equability as part of the implementation of all SMCRA administered programs. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. The SMCRA Board authorizes approval of the SMCRA sponsored James T. Bowman Scholarship Program criteria and eligibility requirements which are attached as Exhibit A. Section 2. This resolution shall take effect irmnediately upon approval. PASSED AND ADOPTED this 1 oth day of November, 2008. ATTEST: APPROVED: uth Miami hairperson H ace Feliu Community Redevelopment Agency Clerk READ AND APPROVED AS TO FORM: Eve A_B'dutsis, Office General Counsel South Miami Community Redevelopment Agency Page 2 of 2 Board Vote: 5-0 Chairperson Feliu: Yea Vice Chairperson Beasley: Yea Board Member Wiscombe: absent Board Member Palmer: Yea Board Member Beckman: Yea Board Member R. Williams: absent Board Member L. Williams: Yea Program Eligibility and Application Requirements: a) The scholarship program announcement shall be advertised annually on May l St with a deadline submittal date of June 30t'. If either of the two dates falls on a holiday or weekend, the next business day shall apply to either the May 1" advertising date or June 30th submission deadline. b) The SMCRA scholarship application package shall include a current map of the SMCRA area for the purposes of determining area applicant residency. c) The SMCRA scholarship application package shall include an avidavit which shall be completed by the applicant to formal certify applicant residency in the SMCRA area. Scholarship awardees shall be required to return all monies received if residency information is subsequently determined to be inaccurate. Program applicants shall also be required to verify area residency by submitting one of the following documents: A current rental lease agreement; property deed indicating ownership; parental tax return indicating applicant as dependent; sealed letter of address verification from a recently graduated high school for freshman or address verification from an attending college for sophomore, juniors and seniors. d) The SMCRA scholarship application package shall include information regarding the opportunity for eligible applicants to obtain possibly community service hours through City of South Miami Human Resources Department. e) Program applicants shall also be required to demonstrate that they have maintained a 2.0 grade point average during the completed high school year or during prior year college enrollment. November 10, 2008 CRA 7001 "Making our Neighborhood a Great Place to Live, Work and Play" To: Honorable Chair and SMCRA Boar eml From: Stephen SMCRA Date: April 13, 2009 ITEM No. a G BOARD REQUESTED INFORMATION During the March 9, 2009 Meeting, the Board directed staff to obtain specific information regarding the proposed Madison Square development. However, due to the fact that the- Evaluation and Appraisal Report is scheduled to come before the City - Commission on April 20, 2009, it is recommended that the item not be discussed during tonight's meeting. General Council has concurred with this recommendation and has provided the e -mail correspondence attached as Exhibit A. Attachments: SD/Requested Information Regarding The Proposed Madison Square Development EXHIBIT.A David, Stephen From: Eve Boutsis [eboutsis @ngf- law.com] Sent: Friday, April 10, 2009 10:24 AM To: Brian Beasley; Feliu, Horace G; Beckman, Jay1; Lashwanda Williams; David, Stephen; Newman, Valerie; Palmer1, Velma Subject: EAR and questions re: CRA/MAdison Square Hello everyone: At the last CRA board meeting several questions were asked of the Director relating to the EAR-and Madison Square. As the EAR is coming before the entire City Commission next week, all the questions and inquiries relating to Madison Square and the EAR should be addressed at the City Commission meeting and not the CRA meeting, although you should probably have Mr. David attend the City Commission meeting to address any concerns or questions. THis is to ensure that the legislative and Land Planning Agency issues are addressed in the proper forum. Thank you Eve 4/10/2009 �-3 CA L19 :1 _ 1 2001 "Making our Neighborhood a Great Place to Live, Work and Play" To: Honorable Chair Date: April. 13, 2009 SMCRA Boa Members From: Stephen avid, ITEM No. 3A SMCRA Direc GENERAL COUNCIL REPORT Attached as Exhibits A is a report from General Council regarding preliminary discussions with the Miami -Dade County Housing Authority concerning proposed improvements to the South Miami Gardens Project. Attachments: General Council Memorandum SD /MCGRUFF \PLANNING \CRA \General Council Report.doc April 9, 2009 MDHA — South Miami Gardens Memorandum Page 1 of 2 2001 Woking Our Neighborhood a Great Place to Lim Work and Play' To: Chairperson and SMCRA Board Members EXHIBIT A Please reply to: 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 -6416 From: Eve A. Boutsis, office of general counsel, SMCRA Board Nagin Gallop & Figueredo, P.A. ' Date: April 9, 2009 Re: South Miami Gardens On March 31, 2009, Commissioner Newman, Mr. David and I met with Mr. Jose Cintron, of Miami -Dade County Housing Agency (MDHA) and his assistant. MDHA is the owner of the public housing facility known as South Miami Gardens, located in the SMCRA. Mr. Cintron used to be with the South Florida Office of U.S. HUD. Mr. Cintron was originally hired by Miami -Dade County to oversee OCED. Due to the "House of Lies" Miami - Herald Investigation, and subsequent take over of MDHA by U.S. HUD, Mr. Cintron was transferred from OCED to MDHA to work with US HUD in reforming the agency. Mr. Cintron, subsequent to the takeover and final return of the agency to Miami -Dade County became the director of the agency. During the meeting, a discussion was had relating to South Miami Gardens. In particular, Mr. Cintron, and his assistant, were provided a copy of the May 1, 2003 Memorandum by Subrata Basu, then CRA Development Director, relating to the Richard Miller Multi - Family Housing Study; the Corradino Group Study — "A Vision: South Miami Community Redevelopment Area Multi - Family Housing Study dated December 2001; the SMCRA Activity Summary relating to Same; the South Miami Gardens (Redevelopment Options) Report. These reports discuss several redevelopment options for the MDHA Public Housing Facility, South Miami Gardens. In short, the existing site area is 300,000 square feet, with a total of 58 dwelling units in existence. The current zoning is RM -18 (18 units per acre) and the existing project density is 8 units per acre. The SMCRA Studies propose development either at 18 units per acre, or at a new, higher zoning district density of 24 units per acre. The 2001 plan proposed three options: April 9, 2009 - - MDHA — South Miami Gardens Memorandum Page 2 of 2 Option 1: New construction utilizing existing zoning of 18 units per acre creating 126 total dwelling units; Option 2: New construction utilizing increased zoning of 24 units per acre; and. Option 3: Rehabilitation of existing units /Complex keeping the units at 58 (8 units per acre). During the meeting a discussion was had relating to US HUD regulations relating to public housing regulations. It was communicated that in the past, the redevelopment plans proposed by the SMCRA ultimately did not proceed to fruition. Additionally, it was explained, that during Maria Davis's tenure, with Mr. Don O'Donniley, the City's Planner, and SMCRA director, that discussions were had with the then MDHA director, Al Brewster. Mr. Brewster, at the time, was opposed to looking at any modification of the South Miami Gardens project due to the issues MDHA was facing with other County public housing redevelopment projects — under the HOPE VI program. In short, MDHA was embroiled in extensive litigation due to relocation issues and housing rights issues of the public housing tenants. Mr. Cintron expressed interest in re- visiting the rehabilitation and or new construction proposal of the SMCRA. A meeting is being scheduled for Mr. Cintron to visit the site with the SMCRA director and Commissioner Newman. A meeting is also being scheduled with Miami -Dade County Commissioner Carlos Gimenez, District 7, who may have housing related funds available in his budget. Additionally, Commissioner Newman has coordinated a meeting with Anne Manning, of Habitat for Humanity of Greater Miami, Inc., to determine if there is any interest in partnering with MDHA and the SMCRA in developing a portion of the area as a town -home development. Please note, what ever discussions are had, or what ever project is proposed going forward, MDHA approval and US HUD approval shall be required. Additionally, some public financing grant, or tax credit program, etc., would be required. - Moreover, the existing public housing residents would have to support the redevelopment plan, and any temporary relocation, would have to be within the SMCRA, with the right to return to the redeveloped project. *7:0 M4 K/y 2001 'Making our Neighborhood a Great Place.to Live Work and Play' To: Honorable Chair and SMCRA Board bers From: Stephen David, SMCRA Directo RESOLUTION A RESOLUTION OF THE Date: April 13, 2009 ITEM No. PAYMENT O ATTORNEY FEES FOR FIG UERED0 B0UTSIS & MONTALVO CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO ATTORNEY FEES; APPROVING ATTORNEY'S FEES FOR FIGUEREDO BOUTSIS & MONTALVO, P.A., FOR INVOICES DATED MARCH 31, 2009 IN THE TOTAL AMOUNT OF $1,448.18; AND CHARGING THE AMOUNT TO ACCOUNT NO. 610 - 1110 - 564 -31 -20 (GENERAL CORPORATE ACCOUNT); AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The firm of Nagin Gallop Figueredo, P.A. currently serves as general counsel to the SMCRA. The firm has submitted the following invoices dated March 31, 2009 (Exhibit A) for General Corporate matters. Invoice Date Amount March 31, 2009 $1,448.18 Total amount of all invoices: $1,448.18 Charge Account No. 610 - 1110 - 564 -31 -20 (General Corporate Account) RECOMMENDATION Staff recommends approval of the attached resolution authorizing the SMCRA Director to: (1) Disburse payment for legal services rendered for General Corporate matters in the amount of $1,448.18 to Figueredo, Boutsis & Montalvo P.A., charging the amount to Account No. 610- 1110- 564 -31 -20 (General Corporate Account). Following funding disbursement, the remaining balance in Account No. 610 - 1110- 564 -31 -20 shall be $22,341.99. Attachments: Nagin Gallop Figueredo Invoice Dated March 31, 2009 SDACRMNagin Gallop Payment Report for March 31, 2009.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) RELATING TO ATTORNEY FEES; APPROVING ATTORNEY'S FEES FOR FIGUEREDO BOUTSIS & MONTALVO, P.A., FOR INVOICE DATED MARCH 31, 2009, IN THE TOTAL AMOUNT OF $1,448.18; AND CHARGING THE AMOUNT TO ACCOUNT NO. 610 - 1110 - 564 -31 -20 (GENERAL CORPORATE ACCOUNT); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Figueredo Boutsis & Montalvo, P.A., submitted invoice to the CRA for legal services rendered, costs advanced, for 0076 -001, General Corporate matters for the period ending March 31, 2009 in the amount of $1,448.18. 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 authorizes payment in the amount of $1,448.18 to Figueredo Boutsis & Montalvo, P.A., for its attorney's fees on 0076 -001, General Corporate CRA matters. Following funding disbursement, the remaining balance in Account No. 610 - 1110 - 564 -31 -20 will be $22,341.99. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _day of April, 2009 ATTEST: SECRETARY READ AND APPROVED AS TO FORM: GENERAL COUNSEL APPROVED: CHAIRPERSON Board Vote: Chairperson Feliu: Vice Chairperson Beasley: Board Member Palmer: Board Member Beckman: Board Member Newman: Board Member R. Williams: Board Member L. Williams: FIGUEREDO BOUTSIS & MONTALVO, P.A. Attomeys & Counselors 18001 Old Cutler Road — Suit 556 Telephone: (305) 854 -5353 Miami, Florida 33157 -6417 Facsimile: (305) 854 -5351 April 2, 2009 Stephen David City of South Miami Community Redevelopment Agency 6130 Sunset Drive South Miami, Florida 33143 Re: South Miami Community Redevelopment Agency Statements Matter ID: 0076 -001 Dear Stephen: I enclose our firm's invoice number 19918 for services and costs incurred through March 31, 2009, in the amount of $1,448.18. I also attach the resolution approving same. Please note that our firm's name is now Figueredo Boutsis & Montalvo, P.A. All checks should be made payable to the name of that corporation. If you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, �e A. Boutsis General Counsel for the South Miami Community Agency EAB /lcm Enclosure Redevelopment CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE FIGUEREDU BUUTSIS & MUNTALVU, P.A. Atwrmys er' Counselors 18001 Old Cutler Road, Suite 556, Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Stephen David March 31, 2009 City of South Miami Matter ID: 0076 -001 6130 Sunset Drive CRA - General Corporate City of South Miami, FL 33143 Invoice Number 19918 Hours Amount 2/27/2009 EAB Telephone conference with Mr. Stephen David. _ . _ 0.40 74.00 3/2/2009 EAB Attention to grant finalization; attention to agenda item. 0.30 55.50 3/3/2009 EAB Prepared first draft of Greater Miami Service Corps grant 0.50 92.50 agreement. 3/9/2009 LRF Reviewed agenda (4); and attended meeting. 2.50 462.50 3/9/2009 EAB Telephone conference with Mr. David; drafted certification of 1.00 185.00 compliance; and telephone conference with Mr.Jerry Proctor, Red Road Commons. 3/13/2009 EAB Attention to Goodman closing; and telephone conference with Mr. 0.30 55.50 David and real estate broker and attorney. 3/23/2009 EAB Analyzed Lee Park Condo Documents and estimate and provided 1.10 203.50 response to Mr. David; follow up with Mr. Jose Cintron re: MDHA and South Miami Gardens meeting; telephone conference with Bdmember Newman regarding same; communications with Mr. David regarding same and finalized meeting. 3/31/2009 EAB Prepared for and attended meeting with Comm'r Valerie Newman, 1.50 277.50 Mr. David, and Mr. Cintron at MDHA. - - Rate Summary Luis R. Figueredo Eve A. Boutsis Total Professional Services 1,406.00 2.50 hours at $185.00/hr 5.10 hours at $185..00/hr Total hours: 7.60 3/31/2009 Disbursements incurred - 3.0% 462.50 943.50 1,406.00 42.18 Payment is due upon receipt. Please notify us within 10 days of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Matter ID: 0076 -001 Statement No. 19918 Page: 2 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE For Professional Services 1,406.00 For Disbursements Incurred 42.18 Current Balance: 1,448.18 Previous Balance: 1,642.76 Payments Thank you 0.00 Total Due 3,090.94 To be properly credited, please indicate Invoice Number on your remittance check. Payment Is due upon receipt. Please notify us within 10 days of any questions you have regarding this invoice. interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. To: 'S <D 2001 "Making our Neighborhood a Great Place to L fw, Work and Play" Honorable Chair and SMCRA Board eml From: Stephen 1 SMCRA Date: April 13, 2009 ITEM No. 5 RFPIQ FOR PROPERTY CONVEYANCE AND AFFORDABLE HOUSING DEVELOPMENT A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO LAND ACQUISITION AND AFFORDABLE HOUSING DEVELOPMENT; AUTHORIZING THE SMCRA DIRECTOR TO ADVERTISE A REQUEST FOR PROPOSAL AND QUALIFICATIONS FOR CONTRACTUAL SERVICES FOR THE CONVEYANCE OF TWO SMCRA OWNED PROPERTIES LOCATED AT 5928 SW 66TH STREET (FOLIO NO. 09- 4025 - 028 -0200) AND 6457 SW 60TH AVENUE (FOLIO NO. 09 -4025- 010 -0060) FOR CONSTRUCTION OF TWO "MODERATE INCOME" SINGLE - FAMILY AFFORDABLE HOMES; AND PROVIDING AN EFFECTIVE DATE During the 08/09 budget approval process, the Board allocated a total of $1,086,059 for land acquisition and disposition initiatives. Of these planned initiatives, the purchase of blighted property and subsequent development for affordable housing was deemed as one of the most critical initiatives for the current fiscal year. As a direct result of SM -CRA land acquisition initiatives, there are five affordable homes currently under construction in the SMCRA. During this point of the fiscal year, the Board has approved the purchase of four blighted properties totaling 53,400 square feet in area for a total purchase price of $698,000. Of the four approved property purchases, three are currently undergoing required probate proceedings to establish legal ownership. The remaining property was officially purchased by the SMCRA on April 7, 2009. Following the April 7th property closing, the SMCRA has two buildable /conforming lots in their current inventory of lots intended for affordable housing development. The two aforementioned properties are located at 5928 SW 66th Street and 6457 SW 601h Avenue (See Exhibits A and B). As a requirement of Florida Statutes, any surplus property owned by a local government and intended for purpose of disposition and redevelopment must be publicly advertised. At this time staff recommends that a request for proposal and qualifications be advertised to convey the aforementioned properties for "moderate income" affordable housing development. Attached as Exhibit C is a draft RFP /Q which shall be advertised in the Miami Herald, the request for proposal section of the City's web page and in other appropriate publications. Approval of the attached resolution shall authorize the SMCRA Director to advertise the attached RFP /Q for affordable housing development. RECOMMENDATION Staff recommends approval of the attached resolution authorizing the SMCRA Director to advertise the RFP /Q attached as Exhibit C for conveyance of two SMCRA owned properties and subsequent development of two "moderate income" affordable homes. Following a formal transfer of ownership recording of the recently purchased property, staff shall return to the Board with recommendations for contractor selection and also with demolition estimates required to demolish the existing blighted structure at 6457 SW 601h Avenue. Attachments. SMCRA Owned Property Descriptions Draft RFP /Q SD/MCGRUFF \PLANNING \CRA \RFP /Q for Affordable Housing Development.doc I RESOLUTION NO. 2 3 A RESOLUTION OF THE CITY OF SOUTH MIAMI 4 COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) 5 RELATING TO LAND ACQUISITION AND AFFORDABLE 6 HOUSING DEVELOPMENT; AUTHORIZING THE SMCRA 7 DIRECTOR TO ADVERTISE A REQUEST FOR PROPOSAL AND 8 QUALIFICATIONS FOR CONTRACTUAL SERVICES FOR THE 9 CONVEYANCE OF TWO SMCRA OWNED PROPERTIES 10 LOCATED AT 5928 SW 66TH STREET (FOLIO NO. 09- 4025 -028- 11 0200) AND 6457 SW 60TH AVENUE (FOLIO NO. 09- 4025- 010 -0060) 12 FOR CONSTRUCTION OF TWO "MODERATE INCOME" 13 SINGLE - FAMILY AFFORDABLE HOMES; AND PROVIDING AN 14 EFFECTIVE DATE. 15 16 WHEREAS, during the 08/09 budget approval process, the Board declared the 17 purchase of blighted properties and subsequent development of these properties for 18 affordable housing as one of the most important initiatives for the 08/09 Fiscal Year; and, 19 20 WHEREAS, the Board allocated FY 08/09 budgeted funding in the total of 21 $1,086,059 for land acquisition and property conveyance initiatives to purchase blighted 22 property and to subsequently develop these properties as affordable housing; and, 23 24 WHEREAS, as a direct result of SMCRA property acquisition and conveyance 25 initiatives, there are five affordable homes currently under construction in the SMCRA; 26 and, 27 28 WHEREAS, during this point of the fiscal year, the Board has approved the 29 purchase of four blighted properties totaling 53,400 square feet in area for a total 30 purchase price of $698,000; and of the four approved property purchases; and, 31 32 WHEREAS, of the four approved property purchases three are currently 33 undergoing the required probate to establish legal ownership and the one remaining 34 property located at 6457 SW 601h Avenue was recently closed upon by the SMCRA on 35 April 7, 2009; and, 36 37 WHEREAS, following the recent property closing, the SMCRA now has two 38 buildable /conforming lots in their current inventory of lots intended for affordable 39 housing development; and, 40 41 WHEREAS, as a requirement of Florida Statutes, any surplus property owned by 42 a local government and intended for purpose of disposition and redevelopment must be 43 publicly advertised; and, 44 45 WHEREAS, at this time the Board would like to publicly advertise a request for 46 proposal and qualifications (RFP /Q) for the conveyance of two SMCRA properties 47 located at 5928 SW 66th Street and 6457 SW 60th Avenue and for the construction of two 48 "moderate income" affordable homes; and, 49 50 51 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 WHEREAS, the SMCRA Board has consistently supported the purchase of blighted properties for the intended use of redevelopment including the development of affordable housing in the SMCRA area; and, WHEREAS, in an effort to continue these productive, vital redevelopment efforts, the SMCRA desires to advertise an RFP /Q to redevelopment two of their currently owned blighted properties for the development of affordable housing. 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 authorizes the SMCRA Director to publicly advertise the RFP /Q which has been attached as Exhibit C to obtain contractor services for the development and ultimate conveyance two SMCRA owned proxerties located at 5928 SW 66th Street (Folio No. 09- 4025- 028 -0200) and 6457 SW 60 Avenue (Folio No. 09- 4025- 010 -0060) to "moderate income" affordable single - family homes in accordance with SMCRA funding guidelines (selecting possible homeowners from (1) the SMCRA area, (2) those who work in the SMCRA, or, (3) those who work in the City). Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _day of April, 2009 ATTEST: SECRETARY READ AND APPROVED AS TO FORM: GENERAL COUNSEL APPROVED: CHAIRPERSON Page 2 of 2 Board Vote: Chairperson Feliu: Vice Chairperson Beasley: Board Member Palmer: Board Member Beckman: Board Member Newman: Board Member R. Williams: Board Member L. Williams: Miami -Dade My Home My Home Show Me: ,Property Information Search By: Select Item Text only Property Appraiser Tax Estimator Summary Details: Folio No.: 94025- 028 -0200 Property: 5928 SW 66 ST Mailing CITY OF SOUTH MIAMI CRA Address: GOVERNMENTAL Beds /Baths: 130 SUNSET DR MIAMI FL Floors: 33143 -5040 Pronertv Information: Sale Information: Sale O /R: Sale Date: 3/1992 Sale Amount: 0 Assessment Information: ear: 0100 SINGLE FAMILY Primary Zone: RESIDENCE CLUC: 0080 VACANT LAND - Building Value: GOVERNMENTAL Beds /Baths: 0/0 Floors: 0 Living Units: 0 d' Sq Footage: 0 Lot Size: 7,150 SQ FT Year Built: 0 $150,251/$0 LARKINS TOWNSITE Legal PB 2 -105 LOT 8 BLK 2 Description: LOT SIZE 50.000 X 143 $150,251/$0 OR 19846 -0295 0801 3 Sale Information: Sale O /R: Sale Date: 3/1992 Sale Amount: 0 Assessment Information: ear: 2008 2007 Land Value: $150,251 $150,251 Building Value: $0 $0 Market Value: $150,251 $150,251 Assessed Value: $150,251 $150,251 Taxable Value Information: Year: 2008 2007 Applied Applied Taxing Authority: Exemption/ Exemption/ Taxable Taxable Value: Value: Regional: $150,251/$0 $150,251/$0 Coun $150,251/$0 $150,251/$0 Ci $150,251/$0 $150,251/$0 School Board: $150,251/$0 $150,251/$0 EXHIBIT A Digital Orthophotography - 2007 0 - 112 ft My Home I Property Information I Property Taxes I My Neighborhood I Proper y Appraiser Home I Using Our Site I About I Phone Directory I Privacy I Disclaimer If you experience technical difficulties with the Property Information application, or wish to send us your comments, questions or suggestions please email us at Webmaster. Additional Information: lick here to see more information for this ro ert Community Development District Community Redevelopment Area Empowerment Zone http://gisims2.miamidade.gov/myhome/propmap.asp Web Site © 2002 Miami -Dade County. All rights reserved. c N W+ E S 4/6/2009 MIAMI,DADE 4t (4 ® Legend Property - - N Boundary E' N Selected Property Iml Street *4/ Highway 677H ST Miami -Dade County - Water Digital Orthophotography - 2007 0 - 112 ft My Home I Property Information I Property Taxes I My Neighborhood I Proper y Appraiser Home I Using Our Site I About I Phone Directory I Privacy I Disclaimer If you experience technical difficulties with the Property Information application, or wish to send us your comments, questions or suggestions please email us at Webmaster. Additional Information: lick here to see more information for this ro ert Community Development District Community Redevelopment Area Empowerment Zone http://gisims2.miamidade.gov/myhome/propmap.asp Web Site © 2002 Miami -Dade County. All rights reserved. c N W+ E S 4/6/2009 5928 SW 66" Street, Miami, Florida 33143 Miami -Dade My Home My Home Show Me: Property Information Search By: Select Item K' Text only Property Appraiser Tax Estimator Summary Details: Folio No.: 9 -4025- 010 -0060 Property: 457 SW 60 AVE Mailing LLIAM MILLER & Address: GENEVA MILLER Beds /Baths: 457 SW 60 AVE MIAMI FL Floors: 33143 -3401 Pronertv Information: Primary Zone: 100 RESTRICTED 2007 COMMERCIAL CLUC: 0001 RESIDENTIAL - Building Value: SINGLE FAMILY Beds /Baths: /1 Floors: 1 Living Units: 1 d' Sq Footage: 965 Lot Size: 5,875 SQ FT Year Built: 1930 FRANKLIN SUB PB 5 -34 Legal LOT 5 LESS W2.5FT Description: BLK 1 LOT SIZE 5875 SQ FT FILE #93 -1422 (PROBATE) Sale Information: Sale O /R: Sale Date: 2/1995 EEEI Sale Amount: $0 Assessment Information: Year: 2008 2007 Land Value: $146,875 146,875 Building Value: $1,000 $1,000 Market Value: $147,875 $147,875 Assessed Value: $147,875 $147,875 Taxable Value Information: Year: 2008 2007 Applied Applied Taxing Authority: Exemption/ Exemption/ Taxable Taxable Value: Value: Regional: $0/$147,87$0/$147,875 Coun : $0/$147,87$0/$147,875 Ci $ School Board: $0/$147,87$0/$147,875 EXHIBIT B MIAMFDADE t(D.qa[: ® M 63R Legend II� I S DT Property x Boundary $ HARDEE DR SW 64TH y� � Selected Property 6iT TER, / Street �x. Highway Miami -Dade l�f,,., • • ,� County Water W E x° SW 66TH ST S i v 70 66TH TER d Digital Orthophotography - 2007 0 112 ft My Home I Property Information I Property Taxes I My Neighborhood I Property Appraiser Home I Using Our Site I About I Phone Directory I Privacy I Disclaimer If you experience technical difficulties with the Property Information application, or wish to send us your comments, questions or suggestions please email us at Webmaster. Additional Information: Click here to see more information for this property: Community Development District Community Redevelopment Area http://gisims2.miamidade.gov/myhome/propmap.asp Web Site © 2002 Miami -Dade County. All rights reserved. UA"WI1• 6457 SW 60" Avenue, Miami, Florida 33143 (Purchased April 7, 2009) 1111., zpacn& 2001 "Making our Neighborhood a Great Place to Live, Work and Play" REQUEST FOR PROPOSAL A QUALIFICATIONS FOR CONTRACTUAL SERVICES TO DESIGN AND CONSTRUCT TWO SINGLE FAMILY HOMES EXHIBIT C RFP 8 Q No. 052009 MAff The SMCRA reserves the right to reject any or all proposals, to terminate the process at any time (and recommence it at a later time from the beginning), to waive any informalities or irregularities in any submittal, to award in whole or in part to one or more respondents or take any other such actions that may be deemed in the best interest of the SMCRA. Cone of Silence Regulations apply to this procurement process and oral communications regarding this RFP are specifically precluded. ISSUED BY: The South Miami Community Redevelopment Agency 6130 Sunset Drive South Miami, Florida 33143 sdavid @cityofsouthmiami.net (305) 668 -7356 (fax) DATE OF ISSUANCE: MAY 20, 2009 Proposals can be picked up at the address below Proposals are to be delivered to the address listed below by: June 20, 2009 at 3:00 p.m. The City of South Miami City Clerk's Office 6130 Sunset Drive South Miami, Florida 33143 TABLE OF CONTENTS Letter of Invitation, SMCRA Chair ...................... ..............................1 RFP /Q Milestone Date ..................................... ..............................2 Background.................................................. ..............................3 Project Goals, General Information ........................ ............................4 -6 Pre - Proposal Conference .................................. ..............................6 General Terms and Conditions ........................... ..............................7 Required Submittals, Proposal Content & Format ....... ...........................7 -15 Disclosure and Disclaimer Statement .................... ..........................15 -16 Evaluation Criteria and Selection Process ............... ..........................15 -18 Required Signatures ........................................ .............................18 APPENDIX: Exhibit 1 ......................Boundary Map of South Miami CRA Redevelopment Area Exhibit 2 ........... ........................Property Map of Homes Requiring Completion Exhibit 3...........City of South Miami Lobbyist Registration and Authorization Form Exhibit 4 ............................. .........................Public Entity Crimes Affidavit Exhibit 5 ................ ......... ..................SMCRA Debarment Disclosure Affidavit Exhibit 6 .............. Small, Minority, Women -Owned Business Concern Representation Dear Interested Redeveloper: Thanks to the hard work of citizens, staff and my fellow colleagues, the South Miami Community Redevelopment Agency ( SMCRA) is well on its way to revitalizing, renewing, reinvigorating and redeveloping the South Miami Community Redevelopment Area. Over the last few years, we have capitalized on important opportunities and constructed the foundation for future successes. Real change —a difference that you can see —has already begun, and the SMCRA and its partner, the City of South Miami, remain focused on and dedicated to uplifting the community, while maintaining our commitment to excellence, integrity and inclusion. One of our most important initiatives is to develop high - quality affordable single family homes. Accordingly, the SMCRA has created a unique and innovative opportunity for developers to build in the South Miami Community Redevelopment Area. In reviewing the proposal which has been prepared by our dedicated professional team, you will discover flexible and aggressive strategies designed to pave the way for organizations like yours to assist in providing home ownership opportunities to our community. As Mayor of the City of South Miami and Chair of the South Miami Community Redevelopment Agency, I invite you to present your proposal and qualifications to assist us in making our vision a reality. Sincerely, Horace Feliu, Mayor and SMCRA Chairperson MILESTONE RFP /Q DATES Listed below are the important dates and times by which the noted actions must be completed. All dates are subject to change. Any changes will be done by addendum. ev nt' Issuance of RFP &Q. - - - -- Pre - Proposal Conference (10:00 p .m.) ...... ............... . . . . .. Due Date for Proposals & Qualifications (3:00 pm) ------------ - - - - -- Opening of Proposals & Qualifications (3:15 pm) - Committee Review of RFP & Q Submittals Respondent Presentation - - -- Selection Committee Recommendation SMCRA Board Approval (Date ------ - - - - -- May 20, 2009 ------------------- - - - - -- -June 10, 2009 - - - - - -- ----------- - - - - -- -June 22, 2009 ------------------- - - - - -- -June 22, 2007 ----------------- --- - - - -- -June 29, 2009 ------------------- - - - - -- -July 6, 2009 ------------------- - - - - -- -July 6, 2009 ------------------- - - - - -- -July 13, 2009 Excellence, Integrity and Inclusion 2 BACKGROUND The South Miami Community Redevelopment Agency ( SMCRA) is a dependent Special District created by the City of South Miami pursuant to Chapter 163. of Florida Statutes. The SMCRA, and its partner, the City of South Miami, are focused on, redeveloping a designated 185 acre area of the City of South Miami (See Exhibit 1). The redevelopment area has historically experienced a lack of investment over time and based on Chapter 163, Florida Statues guidelines has been declared an area of necessity requiring redevelopment assistance. In recent years, the South Miami Community Redevelopment Area has experienced a significant amount of reinvestment and redevelopment. Completed redevelopment activities include the adoption of a South Miami Community Redevelopment Plan which contains specific redevelopment powers, the establishment of a Tax Increment Financing District, the redevelopment of the former Bakery Center into the Shops at Sunset Place, Phase I Construction of the $4 million state -of -the -art David D. Bethel Recreation Center, streetscape enhancement and infrastructure improvement of a major arterial roadways in the SMCRA District, construction of affordable single- family homes and the rehabilitation of the existing housing stock in the area. Several affordable homes have already been constructed by Habitat for Humanity and other local housing developers on previously blighted properties donated by the SMCRA. The SMCRA is responsive to the needs of the community and serves to accomplish redevelopment goals through the implementation of programs set forth by the South Miami Community Redevelopment Plan. The Redevelopment Plan identifies over 35 specific redevelopment programs, which are funded through Tax Increment Financing (TIF) dollars. Redevelopment incentive initiatives have been identified for both the private and public sectors investment of residential, commercial and publicly designated properties. To assist the SMCRA in implementing the Single - Family Infill- Housing Program, the SMCRA is issuing the attached Request for Proposal and Qualifications (RFP &Q) to obtain construction services to construct two single- family homes on SMCRA owned properties located 5928 SW 66th Street (Folio No. 09- 4025- 028 -0200) and 6457 SW 60th Avenue (Folio No. 09- 4025- 010 -0060) in the SMCRA District (See Exhibit 2). The SMCRA has traditionally conveyed properties to affordable housing developers including Habitat for Humanity based on an approved and executed property conveyance agreement in which the developer is required to complete construction of affordable home(s) and upon completion, to immediately sell the sell the home(s) to an affordable housing applicant provided by the SMCRA. In this instance the completed homes shall be sold to "moderate income" households as defined by Miami -Dade County and U.S. HUD and a "moderate income" household shall be determined using the standard of a household earning 80% to 120% of the Medium Income for Miami -Dade County which is currently $50,800. An affordable mortgage payment for a "moderate income" person shall be determined using the guideline of a household paying no more than thirty percent (30 %) of there total income for a designated mortgage payment. Excellence, Integrity and Inclusion 3 PROJECT GOALS AND STRATEGIES The goal of this affordable housing initiative is to create affordable, owner - occupied housing on previously vacant, blighted lots in the SMCRA area. At this time, the SMCRA Board seeks construct two, new, affordable single - family homes for the purposes of providing additional affordable housing opportunities and enhancing overall conditions in the SMCRA area. As part of this initiative, two "moderate income," mortgage qualified homebuyers shall be selected by the SMCRA to purchase the completed homes. Following construction the homes shall be immediately sold and conveyed to qualified homebuyers. Additional details of the Agency's partnership with the approved developer shall be delineated in a subsequently approved property conveyance and construction service agreement. Responses by minorities and women are encouraged. The SMCRA does not discriminate based upon race, sex, color, creed, national origin, disability, age, sexual orientation or any other legally protected status. GENERAL INFORMATION 1. Contract Awards - The SMCRA will award the contract to the most responsive, qualified firm deemed to be in the best interest to the SMCRA. 2. Right to Reiect Any and All Proposals - The SMCRA ( SMCRA) reserves the right to accept or reject any or all proposals, or any part of any proposal, and to waive any informalities or irregularities in the proposal or in the evaluation process. SMCRA may elect to negotiate or not to negotiate with any individual firm. SMCRA further reserves the right to terminate any contract with the successful firm at any time, without cause, upon thirty days (30) notice. 3. For Additional Information - Contact Mr. Stephen David, SMCRA Acting Director, 6130 Sunset Drive, South Miami, Florida 33143 via fax: (305) 668- 7356; or e -mail: sdavid @cityofsouthmiami.net. Once the RFP is issued, no oral communications may take place with staff or the SMCRA Board, unless a specific exemption applies under state or federal law. 4. Adherence to Information in Proposal - All statements contained in written price proposals are intended to be relied upon by SMCRA. All services must be issued as stated in the proposal submitted unless SMCRA authorizes changes for all firms. Any changes authorized by SMCRA will not alter any other items contained in this RFP. Excellence, Integrity and Inclusion 4 5. Authority of Firms - An authorized representative of the _company should sign the proposals. Proposals submitted without binding authority will not be given consideration. Price proposals should not be contingent upon any subsequent inspection after the due date for proposals. 6. Required Forms - The Public Entity Crimes Affidavit, the Davis Bacon Wage Rates Determination, Small, Minority Women -owned business concern representation and debarment disclosure affidavit are required to be completed, and accompany all proposals. 7. Cone of Silence - The "Cone of Silence" specifically prohibits communication regarding RFP's, (bids) or any solicitation with the SMCRA ( "SMCRA ") staff except by written means, with a copy filed with Stephen David, Acting Director. Certain exceptions are made such as oral communications during pre - proposal conferences. This takes effect upon advertisement for Request for Proposals and terminates when the Director makes recommendation for award to the SMCRA Board. In addition to any other penalties provided by law, violation of the Cone of Silence by any Firm(s) shall render any proposal disqualified. 8. Equal Opportunity - During the performance of the awarded contract, the successful firm agrees as follows: A. The firm shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation or national origin. B. The firm shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation or national origin. Such action shall include, but not be limited to; -(1). employment, (2) upgrading, (3) demotion, (4) transfer, (5) recruitment or recruitment advertising, (6) layoff or termination, (7) rates of pay or other forms of compensation, and (8) selection for training, including apprenticeship. C. The firm shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the contracting officer that explain this clause. D. The firm shall, in all solicitations or advertisements for employees placed by or on behalf of the firm, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation or national origin. Excellence, Integrity and Inclusion 5 E. The firm shall send, to each labor union or representative of workers with which it has a collective bargaining contract or other contract or understanding, the notice to be provided by the contracting officer advising the labor union or workers' representatives , of the firm's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. F. Firm warrants that it maintains a drug free work place. 9. Proposal Evaluation and Award - In addition to other factors, the proposals will be evaluated on the basis of advantages and disadvantages to the SMCRA that might result from the award of more than one contract. SMCRA reserves the right to make a contract award based solely upon the proposals, or to negotiate further with one or more vendors. The vendor selected for the award will be chosen on the basis of greatest benefit to the SMCRA, and not necessarily on the basis of lowest pricing. SMCRA may meet with firms who submit proposals that have a reasonable chance of being selected for award to more clearly identify their capabilities to perform the work, and then be placed in rank order. SMCRA may award on the proposals received or negotiate with the firm or firms that it determines will provide the best value. Proposals will be evaluated based on the `Evaluation of Proposals' criteria that is established in this document. 10. Facsimile or E -mail copies will not be accepted - Please note that all original proposals will be retained by the SMCRA for two (2) year(s) from the date of the award of the proposal for audit purposes. 11. All submitted proposals shall be evaluated for responsiveness to the requirements of the Request for Proposals - Those proposals not in accordance with the Request for Proposal shall be deemed non - responsive and eliminated from further evaluation. 12. Acceptance of award by the successful firm will denote its agreement to have all of the terms and conditions of this RFP included and incorporated by reference into the contract agreement issued by the successful firm to the SMCRA. PRE- PROPOSAL CONFERENCE A mandatory Pre - Proposal Conference shall be held on June 10, 2009 at 10:00 a.m. The meeting shall be held in the City Commission Chambers located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33.143. Excellence, Integrity and Inclusion 6 Failure to have a representative at this mandatory Pre - Proposal Conference will disqualify Respondents. GENERAL TERMS AND CONDITIONS 1. The selected Developer(s) shall report to the SMCRA Director, or assigned designee. 2. The selected Developer(s) shall be an independent contractor under this RFP &Q and any subsequent Agreement. 3. The Developer acknowledges that he /she has not been convicted of a public entity crime or placed on the convicted vendor list. 4. The SMCRA reserves the right to delete or modify the services and scope of work under this RFP &Q and any subsequent Agreement at any time, with or without cause. 5. The Redeveloper(s) may not change the principal person(s) fulfilling the terms of this RFP &Q and any subsequent Agreement without the express permission of the SMCRA. 6. Joint ventures are allowed. Participation by minorities and women is encouraged. The SMCRA does not discriminate based upon race, sex, color, creed, national origin, disability, age, sexual orientation or any other legally protected status. 7. Ability to construct affordable housing for eligible households, and in compliance with the SMCRA plan. Eligible households shall mean those households determined by the Miami -Dade County Affordable Housing Agency or other Public Housing Agency. REQUIRED SUBMITTALS, PROPOSAL CONTENT & FORMAT 1. Responses shall consist of eleven (11) complete copies which provide the below described information. Ten (10) copies shall be bound, and one (1) copy shall be bound only by binder clip or rubber band. 2. A cover letter indicating the respondent's interest in participating in the Single Family Infill Housing Program as described below: - ' Excellence, Integrity and Inclusion 7 Design Services 2.10. The Consultant's design services shall include normal structural, mechanical and electrical engineering services. 2.11 Schematic Design Documents. The Consultant shall provide Schematic Design Documents based on the mutually agreed -upon program, schedule, and budget for the Cost of Work. The documents shall establish the conceptual design of the Project illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include a conceptual plan, if appropriate, and preliminary building plans, sections and elevations. At the Consultant's option, the Schematic Design Documents may include study models, perspective sketch, electronic modeling or combinations of these media. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. 2.12 Design Development Documents. The Consultant shall provide Design Development Documents based on the approved Schematic Design Documents and updated budget for the Cost of Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms size and appearance of the Project by means of plans, sections and elevation, typical construction details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general their quality level. 2.13 During the development of the Construction Documents, the Consultant shall assist the SMCRA in the development and preparation of, (1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the forms of agreement between the owner and Contractor; and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Consultant also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. Construction Procurement Services 2.14 The Consultant shall assist the SMCRA in _ obtaining either competitive bids or negotiated proposals and shall assist the SMCRA in awarding and preparing contracts for construction. 2.15 The Consultant shall assist the SMCRA in establishing a list of prospective bidders or contractors. Excellence, Integrity and Inclusion 8 2.16 The Consultant shall assist the SMCRA in bid validation or proposal evaluation and determination of the successful bid or proposal, if any. If requested by the SMCRA, the Consultant shall notify all prospective bidders or contractors of the bid or proposal results. 2.17 Competitive Bidding - Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. 2.18 If requested by the SMCRA, the Consultant shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. The SMCRA shall pay directly for the cost of reproduction or shall reimburse the Consultant for such expenses. 2.19 If requested by the SMCRA, the Consultant shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process. The Consultant shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders. - - - 2.20 The Consultant shall consider requests for substitutions, if permitted by the Bidding Documents, and shall reimburse the Consultant for such expenses. 2.21 The Consultant shall participate in or, at the SMCRA's direction, shall organize and conduct a pre -bid conference for prospective bidders. 2.22 The Consultant shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. 2.23 Negotiated Proposals - Proposal documents shall consist of proposal requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. 2.24 If requested by the SMCRA, the Consultant shall arrange for procuring the reproduction of Proposal Documents for disbursement to prospective contractors. The SMCRA shall pay directly for the cost or reproduction or shall reimburse the Consultant for such expenses. 2.25 If requested by the SMCRA, the Consultant shall organize and participate in selection interviews with perspective contractors. Excellence, Integrity and Inclusion 9 2.26 The Consultant shall consider requests for substitutions, if permitted by the Proposal Documents and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. 2.27 If requested by the SMCRA, the Consultant shall assist the SMCRA during negotiations with prospective contractors. The Consultant shall subsequently prepare a summary report of the negotiation results, as directed by the SMCRA. Contract Administration Services 2.28 General Administration - The Consultant shall provide administration of the contract between the SMCRA and the Consultant. 2.29 The Consultant's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the Consultant shall be entitled to a Change in Services in accordance with the change work order section of this contract, and shall extend 60 days after the date of Substantial Completion of the Work. 2.30 The Consultant shall be a representative of and shall advise and consult with the SMCRA during the provision of the Contract Administration Services. The Consultant shall have authority to act on behalf of the Owner only to the extent provided in. this Agreement unless otherwise modified by written amendment. 2.31 Duties, responsibilities and limitations of authority of the Consultant under this agreement shall not be restricted, modified or extended without written agreement of the SMCRA and Consultant with consent of the Contractor, which consent will not be unreasonably withheld. 2.32 The Consultant shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional about the Contract Documents shall be in a form prepared or approved by the Consultant and shall include a detailed written statement that indicates the Specific Drawings or Specifications in need of clarification and the nature of the clarification requested. 2.33 If deemed appropriate by the Consultant, the Consultant shall on the SMCRA's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. Excellence, Integrity and Inclusion 10 2.34 The Consultant shall interpret and decide matters concerning performance of the SMCRA and Contractor under, and requirements of, the Contract Documents on written request of either the SMCRA or Contractor. The Consultant's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 2.35 Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Consultant shall endeavor to secure faithful performance by both SMCRA and Contractor, shall not show partiality to neither, and shall not be liable for the results of interpretations or decisions so rendered in good faith. 2.36 The Consultant shall render initial decisions or claims, disputes or other matters in question between the SMCRA and Contractor as p'ro'vided in the Contract Documents. However, the Consultant's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.37 Evaluations of the Work - The Consultant, as a representative of the SMCRA, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the SMCRA and the Consultant to become generally familiar with and to keep the SMCRA informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the SMCRA against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Consultant shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Consultant shall neither have control over or charge of, nor be responsible for, the construction. means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 2.38 The Consultant shall report to the SMCRA known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Consultant shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Consultant shall be responsible for the Consultant's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. Excellence, Integrity and Inclusion 11 2.39 The Consultant shall at all times have access to the Work wherever it is in preparation or progress. 2.40 Except as other wise provided in this Agreement or when direct communications have been specially authorized, the SMCRA shall endeavor to communicate with the Contractor through the Consultant about matters arising out of or relating to the Contract Documents. Communications by and with the Consultant's team members shall be through the Consultant. 2.41 The Consultant shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have authority, to require. inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Consultant nor a decision made in good faith either to exercise such authority shall give rise to duty or responsibility of the Consultant to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2.42 Submittals - The Consultant shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking fro conformance with information given and the design concept expressed in the Contract Documents. The Consultant's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the SMCRA, Contractor or separate contractors, while allowing sufficient time in the Consultant's professional judgment to permit adequate review.' Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Consultant's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of any construction means, methods, techniques, sequences or procedures. The Consultant's approval of a specific item shall not indicate approval of an assembly of which the item is a component. Project Completion 2.43 The Consultant shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the SMCRA, for the SMCRA's. review and records, written warranties and related documents required by the Contract Excellence, Integrity and Inclusion 12 Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 2.44 The Consultant's inspection shall be conducted with the SMCRA's Designated Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to_ be- completed or corrected. 2.45 When the Work is found to be substantially complete, the Consultant shall inform the SMCRA about the balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the Work. 2.46 The Consultant shall receive from the Contractor and forward to the Owner (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the SMCRA against liens. 2.47 Facility Operation Services - The Consultant shall meet with the SMCRA or the SMCRA's Designated Representative promptly after Substantial Completion to review the need for facility operation services. - - - - 2.48 Upon request of the SMCRA, and prior to the expiration of one year from the date of Substantial Completion, the Consultant shall conduct a meeting with the SMCRA and the SMCRA's Designated Representative to review the facility operations and performance and you make appropriate recommendations to the SMCRA. Schedule of Services 2.49 Design and Contract Administration Services shall be provided by the Architect and shall consist of: 1. Reviews of each Shop Drawing, Product Data item, Sample and similar submittal of the Contractor. 2. Visits to the site by the Architect over the duration Of the Project during construction. 3. Inspections for any portion of the Work to Excellence, Integrity and Inclusion 13 Determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents 4. Inspections for any portion of the Work to determine final completion. 5. Description of organizational team and its qualifications including: • Organization name, mailing address, e-mail address, telephone and fax numbers; • Organization structure and size; • Board of Directors; • Certificate(s) of authorization to offer professional services through the Florida Department of Professional Regulations, as applicable, from prime as well as supporting firms; • Proof of authorization to transact business in the State from the Florida Secretary of State, from prime as well as supporting firms; • Appropriate current Federal 254 and 255 forms showing the firm's data and supporting the firm's ability to perform each category of work required; • Proof of General Liability, Professional Liability, of over $2,000,000.00 per incident; and Workers Compensation Insurance; • A brief history of the firm; • The name of the representatives authorized to negotiate with the committee or its representative; • Organizational staff expected to work on this project, including staff professionals and consultants; and • If this assignment is to be performed by joint venture participation organization, please include the percentage breakdown of each organization's participation. • Team Organization: Provide an organization chart identifying all individuals who would participate in the proposed project. Provide resumes for all proposed /development team members._ _ . • Felony Indictments /Convictions: Provide a statement relative to whether any of the principals referred to above have ever been indicted for, or convicted of, a felony. • Litigation History: List any outstanding litigation matter in the past five (5) years involving projects similar in nature. Excellence, Integrity and Inclusion 14 • A list of all current and past special district, municipal, county, regional and state clients /partners, including a description of the: (a) length of contract; (b) scope of services provided; (c) the type of contract (pro Bono, retainer, project -based _fee, etc.; (d) accomplishments achieved; and (e) a contact name and phone number for at least three of the clients. A list of any prior or current private sector clients that may be relevant, providing the same information as described in E above. • Insurance information 4. A description of the organization's single family infill housing approach, including: a. sample budget for a typical home proposed under this program; b. sample floor plans and elevation drawings; c. amenities list; and d. construction schedule. 5. Press articles, profiles, commendations, etc. that may assist the SMCRA in its evaluation of Respondents. 6. A list of references, including comparable jurisdictions to the SMCRA and elected officials (please limit to 5). 7. A statement advising of the contractors eligibility to comply with the SMCRA's Grant criteria and the attached proposed agreement and mortgage, moreover, a statement whether contractor can construct affordable housing on the site for eligible households. Eligible households shall mean those households determined by the Miami -Dade County Affordable Housing Agency or other Public Housing Agency. 8. An original signed copy of this RFP &Q wherein the Respondent acknowledges that he /she has read and agrees with all of the terms and conditions contained herein. DISCLOSURE AND DISCLAIMER This request for proposal and qualifications (RFP &Q) is being issued by the South Miami Community Redevelopment Agency ( SMCRA). Any action taken by the SMCRA in response to proposal and qualifications made pursuant to this offering or in making any award or failure or refusal to make any award pursuant to any such proposal and qualifications, or in any cancellation of award, or in any withdrawal or cancellation of this RFP &Q, either before or after issuance of an award, shall be without any liability or obligation on the part of the SMCRA, the City or their advisors. Excellence, Integrity and Inclusion 15 In its sole discretion, the SMCRA may withdraw this RFP &Q either before or after receiving proposal and qualifications, may accept or reject proposal and qualifications, and may waive any informalities in any proposal and qualifications. In its sole discretion, the SMCRA may determine the proposal and qualifications and acceptability of any party or parties submitting proposal and qualifications in response to this RFP &Q, such party being referred to as a "respondent." Following submission of proposal and qualifications, the respondent agrees to promptly deliver such further details, information and assurances, including, but not limited to, disclosure data, relating to the proposal and qualifications and /or the respondent, including the respondent's affiliates, officers, directors, shareholders, partners and employees, as requested by the SMCRA. The SMCRA, the City, and their advisors shall have no obligation or liability with respect to this RFP &Q, or the selection and award process- contemplated hereunder. Neither the SMCRA, the City nor their advisors warrant or represent that any award or recommendation will be made as a result of the issuance of this RFP &Q. All costs incurred by a respondent in preparing and responding to this RFP &Q are the sole responsibility of the respondent. Any recipient of this RFP &Q who responds acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms hereof. Any proposal and qualifications submitted pursuant to this RFP &Q are at the sole risk and responsibility of the party submitting such proposal and qualifications. The SMCRA and the respondent will be bound only if and when a contract, as it may be negotiated, is approved and accepted by the SMCRA, and the applicable agreements are approved, executed and delivered, and then only pursuant to the terms of agreements executed by the respondent and the SMCRA. The SMCRA is governed by the sunshine law and the public records law of the State of Florida and all proposal and qualifications and supporting data shall be subject to disclosure as required by such laws. All qualifications shall be submitted in sealed form and shall remain confidential to the extent permitted by the public records law until the date and time selected for opening responses. The Miami -Dade County Cone of Silence Ordinance applies to this RFQ. All inquiries should be directed to Mr. Stephen David, SMCRA Acting Director in writing. EVALUATION CRITERIA AND SELECTION PROCESS The SMCRA may reject or disqualify a firm under any of the following circumstances: Excellence, Integrity and Inclusion 16 A. The respondent misstates or conceals any material fact in the qualifications; B. The respondent does not register as a lobbyist with the City Clerk's Office; C. The submittals do not strictly conform to applicable laws or any requirements of this RFP &Q; D. The submittals do not include documents, certificates, affidavits, E. Acknowledgments or other information required by this RFP &Q; F. The submittals have not been executed by the respondent through or by an authorized officer or representative of the respondent or respondent team; G. The respondent fails to comply with all provisions, requirements and prohibitions binding on all respondents as herein set forth or fails to comply with applicable law; H. The respondent fails to acknowledge receipt of any formal addenda. • The Selection Committee shall evaluate and rank firm(s) based in part on the following threshold criteria: A. Successful completion of similar affordable housing projects; B. Professional capability with regard to their full -time staff, C. Existence of a highly - qualified board of directors or ownership; and D. Continued operation and legal existence for a twenty -four month period prior to the date of this RFP &Q. (All respondents are required to meet the above referenced standards in order to receive further consideration. Upon satisfying the threshold- criteria, formal presentations by the qualified respondents shall be scheduled before the Selection Committee on August 24, 2007. All presentations shall be videotaped for the public record) • The Selection Committee shall evaluate and rank proposals and qualifications received based on the following criteria: A. The demonstrated capabilities of the proposed redevelopment team assembled; B. The redeveloper's ability to meet or exceed the threshold qualifications established in the RFP & Q; C. The quality and affordability of the proposed housing stock; D. The ability of the respondent to meet the financial obligations of the project as it relates to the sale of "moderate income'- affordable homes as determined using the standard of a household earning 80% to 120% Excellence, Integrity and Inclusion 17 of the Medium Income for Miami -Dade County which is currently $50,800. An affordable mortgage payment for a "moderate income" person shall be determined using the guideline of a household paying no more than thirty percent (30 %) of there total income for a designated mortgage payment. E. The level of commitment of other financial resources that the organization will bring to the SMCRA Infill Housing Program; F. The extent to which the proposal conforms to the SMCRA Redevelopment Plan and affordable housing policies of the South Miami Comprehensive Plan; _ G. The extent to which the proposal conforms to the City of South Miami Comprehensive Plan and all applicable building codes (City, County and State). H. Any other criteria which the SMCRA deems relevant to the Respondent's ability to provide the desired single - family infill- housing product set forth by this RFP &Q. • The Selection Committee shall transmit a recommendation to the SMCRA Board which identifies the top three respondents and recommends a selection of one or more respondents. • The SMCRA Board shall make the final selection at a public meeting. REQUIRED SIGNATURES I hereby acknowledge that I have read and agree to all the terms and conditions contained within this RFP &Q. Respondent Date Excellence, Integrity and Inclusion 18 � sMC '�II'�► 2001 "Making our Neighborhood a Great Place to L n p- Work and Play" To: Honorable Chair and Date: April 13, 2009 SMCRA From: Stephen SMCRA ITEM No. 6 MULTI- FAMILYREHAB GRANT (TOMMIE & MACHELLE SMALL) A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO HOUSING REHABILITATION; AUTHORIZING THE SMCRA DIRECTOR TO DISBURSE MULTI - FAMILY REHABILITATION GRANT FUNDING IN THE AMOUNT OF $1,065 TO MR. AND MRS. TOMMIE SMALL TO ASSIST IN THE REPLACEMENT OF DAMAGED KITCHEN CABINETS, BATHROOM AND CEILINGS AT 6023 SW 69TH STREET, UNIT #78 AND CHARGING THE TOTAL AMOUNT TO ACCOUNT NO. 610 - 1110 - 553 -99 -30 (RESIDENTIAL REHABILITATION /MULTI- FAMILY GRANT ACCOUNT); AND PROVIDING AND EFFECTIVE DATE. BACKGROUND As part of the FY 08/09 Budget approval process, a total of $6,000 was allocated by the Board for the SMCRA Multi- Family Rehabilitation Program. Based on direction from the Board the rehabilitation program currently geared towards serving the elderly, disabled and income challenged. Given the fact that two multi - family grants have already been approved during the current fiscal year in the total amount of $4,935, the remaining balance in the account is now $1,065. Staff recently received a multi - family rehabilitation grant application from Mr. and Mrs. Tommy Small. Mr. Small is currently disabled and lives with his wife in the Lee Park Condominium Complex. The attached request is for funding assistance in the amount of $1,065 for repairs to damaged kitchen cabinets, bathroom and ceilings. Attached as Exhibit A, is a checklist of program eligibility requirements and a copy of the application submitted by Mr. and Mrs. Small. The approved eligibility criteria for the program have been substantially met by Mr. and Mrs. Small. Three individual repair estimates have been provided as Exhibits B, C and D. Based on the attached estimates, the proposal from A.L.J. Superior Home Improvements_in the amount of $2,530 appears to be the most comprehensive and cost effective. It should be noted that the recommended estimate is for a total amount of $2,530 however, the remaining balance in the Multi- Family Rehabilitation Grant Account is $1,065. It would be at the Board's discretion whether or not to allocate additional funded in the amount of $1,465 to complete the entire renovation project. If authorized by the Board, additional funding could be transferred from the Single - Family Rehabilitation Program Account which has a current, unused 08/09 funding balance of $7,500. Approval of the attached resolution shall authorize the SMCRA Director to disburse funding in the total amount of $1,065 to Mr. and Mrs. Tommie Small to repair damaged kitchen cabinets, bathroom and ceilings at 6023 SW 691h Street, Unit # 78. RECOMMENDATION Staff recommends approval of the attached resolution authorizing the SMCRA Director to enter into the grant agreements attached as Exhibit D for grant funding in the total amount of $1,065 to Mr. and Mrs. Tommie Small to repair damaged kitchen cabinets, bathroom and ceilings at 6023 SW 69th Street, Unit # 78 and charging the total amount to Account No. 610- 1110- 553 -99 -30 (Multi - Family /Residential Rehabilitation Grant Account). Attachments: Program Requirement Checklist Grant Application and Ancillary Documents Home Improvement Estimates (3) Draft Grant Agreements SD /MCGRUFF\PLANNING \CRA \Multi - Family Rehabilatation Grant Award - Mr. and Mrs. Tommie Small.doc - - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO HOUSING REHABILITATION; AUTHORIZING THE SMCRA DIRECTOR TO DISBURSE MULTI - FAMILY REHABILITATION GRANT FUNDING IN THE AMOUNT OF $1,065 TO MR. AND MRS. TOMMIE SMALL TO ASSIST IN THE REPLACEMENT OF DAMAGED KITCHEN CABINETS, BATHROOM AND CEILINGS AT 6023 SW'69TH STREET, UNIT #78 AND CHARGING THE TOTAL AMOUNT TO ACCOUNT NO. 610 - 1110 - 553 -99 -30 (RESIDENTIAL REHABILITATION /MULTI- FAMILY GRANT ACCOUNT); AND PROVIDING AND EFFECTIVE DATE WHEREAS, as part of the FY 08/09 Budget approval process, a total of $6,000 has been allocated by the Board for the SMCRA Multi- Family Rehabilitation Program; and, WHEREAS, based on prior direction by the Board the rehabilitation program currently focuses on serving the elderly and income challenged; and, WHEREAS, staff recently received a multi- family rehabilitation grant .application from Mr. and Mrs. Tommie Small, elderly, disabled homeowners residing in the Lee Park Condominium Complex for a total grant request of $1,065 to repair kitchen cabinets, bathroom and ceilings at 6023 SW 69t', Street, Unit # 78; and, WHEREAS, Three individual repair estimates have been received to complete the requested repair work in the individual amounts of $2,530 and $5,508; and $4,767.82; and, WHEREAS, of the three estimates received, the estimate received from A.J. Jackson Inc. in the amount of $2,530 appears to be the most comprehensive and cost effective; and, WHEREAS, based on the established program requirements, Mr. and Mrs. Tommie Small have substantially met the eligibility criterion of the Multi - Family Residential Rehabilitation Program; and, WHEREAS, the SMCRA Board desires to facilitate the rehabilitation of existing blighted housing and the quality of life for residents of the SMCRA Community. Pagel of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. The SMCRA Board authorizes the SMCRA Director enter into agreement with Mr. and Mrs. Tommie Small to disburse funding in the total amount of $1,065 for the repair of damaged kitchen cabinets, bathroom and ceilings at 6023 SW 691h Street, Unit # 78 and charging the total amount to Account No. 610 -1110- 553-99-30 (Multi- Family/Residential Rehabilitation Grant Account). Following funding disbursement the remaining balance in Account No. 610 - 1110 - 553 -99 -30 shall be $0. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of April, 2009. ATTEST: SECRETARY READ AND APPROVED AS TO FORM: GENERAL COUNSEL APPROVED: Page 2 of 2 CHAIRPERSON BOARD VOTE: Chairperson Feliu: Vice Chairperson Beasley: Board Member Palmer: Board Member Beckman: Board Member Newman: Board Member R. Williams: Board Member L. Williams: 2001 "Making our Neighborhood a Great Place to Live, Work and Play EXHIBIT A SINGLE - FAMILY RESIDENTIAL REHABILITATION PROGRAM (Grant Eligibility Checklist) Applicant: Mr. and Mrs. Tommie Small Program Eligibility Criteria ❑ Age 65 Years or Older (Applicant Age 55 Years Old) Annual Income of $21,244 or Less Health and or Safety Related Improvements "Functional" Home Improvement ❑ Improvements Correct Code Violations Required Program Documentation Completed Application Form Letter of Intent Valid Photo Identification Income Verification Statement Miami -Dade County Tax Notice Cost Estimates From At Least Two Firms Photographs of Existing Conditions `Community Redevelopment Agency (CRA) 6130 Sunset Drive, South Miami, Florida 33143 Telephone.: (305)663 -6338 Telefacsimile: (305)663 -6345. Multifamily Rehabilitation Program Application Form NAME OF APPLICANT: IPHONE iM 4-7~— FAX #: PROPERTY ADDRESS: LEGAL DESCRIPTION: ! i _ 3 a( ncia LOT(S) BLOCK SUBDIVISION (`TAME OF PROPERTY OWNER: PHONE k #: mar e l� 4% 1 r1'(1r1n(V1 P . 77 rr0P H L FAX #: ADDRES AGENT (e.g: attorney, architect, engineer, or contractor) PHONE #: AGENT'S ADDRESS: DESCRIPTION'OF MULTIFAMILY REHABILITATION PROJECT: SUBMITTED MATERIALS . 1 PLEASE CHECK ALL THAT APPLY: _ Letter of intent 0 _ Proof of ownership or letter from owner _ Current survey (if required by City Code — Site Plan (if required by City Code) _ Contractors' Price Estimates (estimates from a minimum of three firms shall be provided.) Letter from owner stating commitment to non- eviction and rent stabilization requirements R The undersigned has read this completed application and represents that the information and all submitted materials are true and correct to the best of-the applicant's knowledge and belief Applicant's Signature and title Date OFFICE USE ONLY: Date Filed Date of CRA Advisory Board Meeting Date of CRA Board Meeting _fEF (PaTk ConClomLnt'UM 6»0 .1-W. 68tf eStzset J? CO. Sox 437328 ,Soutfi :: :Aami, 5101lda 33143 (305) 665 -6221 '3ax - 666 -3856 Zmad fp.46710 @ aol corn MARCH 30,2009 TO: SOUTH MIAMI CRA. ..__.`. FROM: JEAN LARKIN -SCOTT SITE - MANAGER I GF RE: MACHELLE SMALLS 6023 SOUTHWEST 69th STREET- UNIT#78 SIUTH MIAMI,FLORIDA 33143 THE SMALLS ARE LONG TIME RESIDENTS OF LEE PARK. THERE ARE NO LEGAL ACTION OR LEINS IN THEIR UNIT. ALL FEES AND WATER BILL ARE PAID ON TIME. ANY QUESTIONS CONTACT ME AT THE ABOVE NUMBER. Or r; r s ,�-Oa5- to CLI p 0 /�4' 7ct mes M " da n - k �- ft)nc�W� CAn"t `� n .. , , `� hoi"On I �'d ✓ct rn i t I 1 I lcj� L'I e ` L �- rn Ab •-:T -;Q C- I t r G -1�� i C� , F�Ci 1'1 �' � -hc l �r ►� �l�zG Pa `t S 4� CA bf 0 EXHIBIT B *A. L. JACKSON SUPERIOR HOME IMPROVEMENTS CELL 305-905-7083o OFFICE 305- 254- 20BOoFAX 305 - 254 -9610 PROPOSAL SUBMITTED TO: PHOIE- �► WORK TO BE PERFOMED AT: ADDRESS DATE OF PLANS WE HEREBY PROPOSE TO PERFORM THE LABOP NECESSARY FOR THE COMPLETION All Material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and /or specifications submitted for above work, and completed in a substantial workmanlike manner for the sum of Dollars with payments to be made as follows: DEPOSIT %24 HRS BEFORE JOB STARTS BALANCE � 24 HRS BEFORE JOB ENDS Any alteration or deviation from above specifications involving extra costs will be executed only upon written Respectfully submitted k order, and will become an extra charge over and above the estimate. Ali agreements contingent upon strikes, Pet accidents, or delays are beyond our control. Note this proposal may be withdrawn by us if not accepted within 10 days ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. Signature Date Signature Proposal OW'S PROPOSAL SUBM17TED TO 'i!40kAbA 2 � ATF ?nd 2JP CODE M I. a 47L �..-- ._ - - -.— -- Faye No. CBJMMINGS HOME IMPROVEM :ITT CO. For Fine Cabinetr!r 1r Interior Remod, ling 9340 N. W. 13 STREET MIAMI, FLORIOA, 33172 TEL: (305) 957••9679 a (305) $93 -5778 %4rt j� .- •- 1'HUNe I dCAO NArnO — OA'F OF PI ANE JOB WCA1 ION �C EXHIBIT C UI IJOB PHONE .... ......................... ......... ...._.. .............. .... ... ... ............. ......... s� ..... .... ........ ........ . ...... ..._.._.. ............. ...... 1.0I)'T. i 03to� L maj,._.....� 1.- !- 1►�...�...�...�_..t��x'1�.�" ......... ... ......... ..._......... MC PrOPOSt hereby to furnish material and labor complete in actor lance with above specifications, for the sum of: dollars ($� rayrrtent to be mor)rb ac, 10110wa! All msterial is guaranteed to be as specified. At work to De Oompleled in o w0f1knlanlike c� �� manner ;Ialoming to standard Oracticek Any aheration or deviation 40rn above specir ;.•d +ons Signal l7t3Lt_ !� InV0lYing rxfoa O�StS wjll tR gzeculed !n,ly upon written pryers, and will booOmrt !, •i ratr7 �jC�ne11UYC gharprp ovia and Elbirvo the eftimille. All aiVnctirn018 Gtlr•liny!!!il upon ;:trik —, &c::ida!nt5 a delAyd bpYond Our control. Ownor to G,rry lire. Inmirin Mnd olhnr reCPa8A1Y 1nm.rwir.. Nola: his p o:ept wit UP. — Our workers ui(: fully covrrea Oy VyOrknlan's Cornpensatlon lnsur;ance. withdr2wn by us ilUt atr.-�ptrd within —_ . -- d8y3• Acreptance of proposal _The ahrne pri,fnr . Sr)eciti,ationt, ~ :n1tl C0111litiont: are skllisfatltory and 7rC hCfCby :,t; l,epli;d. YOU ctrl, 011th -0m•ed SigoAluro .....— - _... •-'_ to do tho work ;1:4.!,I.'•OCifiicl. P,yymwnl will bo mtvut as outlined abarr. Do 1c. of 2d Wd?0 :90 S00F 02 'Unr 5SS0� : 'ON XHJ '00 1N3W3AOdd14I 3WOH SON I wwn.� : t� J� 7u v j r ] Ite # 142 HOUSE DOCTORS HANDYMAN SERVICE P.O. Box 560602 Miami, FL Miami, FL 33256 -0602 Phone: 786- 735 -3373 Fax: 786-735-3373 Amer: Small,Tommy /Michelle Date: 04/14/2005 Work Location: Bill To: Tommy /Michelle Small Tommy/Michelle Small 6023 SW 69 Street 6023 SW 69 Street Miami, FL 33143 Miami, FL 33143 EXHIBIT D Home Phone: 305 - 661 -0969 Work Phone: Mobile Phone: Job 1 Strip first floor ceiling and apply new popcorn ceiling $1,280.00 Job 2 Remove and install new toilet, vanity, medicine cabinet, sink, exhaust fan, $987.20 towel rack and paint first floor bath Job 3 Remove and install new toilet, vanity medicine cabinet, sink, exhaust fan, $2,352.00 tub, tub faucet, towel rack, faucet for sink, re -tile walls and floor Tax: $148.62 Total: $4,767.82 WE PROPOSE hereby to furnish material and labor - complete in accorance with the above specification for the sum of: four thousand seven hundred sixty -seven and 82 / 100 FULL PAYMENT IS DUE UPON COMPLETION Dollars ($ $ 4,767.82 AUTHORIZED SIGNATURE NOTE: THIS PROPOSAL MAY BE WITHDRAWN BY HOUSE DOCTORS HANDYMAN SERVICE IF NOT ACCEPTED WITHIN 10 DAYS. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practice. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Buyer responsible for any required permits. ACCEPTANCE OF PROPOSAL Notice of Buyer's Rights - You, the buyer, may cancel this transaction The above prices, specifications and conditions are satisfactory and are hereby at any time prior to midnight of the third business day after the date accepted. You are authorized to do the work as specified. of this transaction. See the notice of cancellation form provided by your House Doctors representative for an explanation of this right. VM Rev. 9/03 ::;; <:.... >:... SIGNATURE DATE OF ACCEPTANCE FULLY INSURED - GUARANTEED - EXPERIENCED CRAFTSMEN - FREE'ESTIMATES EXHIBIT E SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY GRANT PROGRAM AGREEMENT FOR MULTI - FAMILY REHABILITATION THIS GRANT AGREEMENT is entered into this day of April, 2009 between the SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (Agency), and Mr. and Mrs. Tommie Small of 6023 SW 69'x' STREET LEE PARK CONDO UNIT 78 BLDG 14 Miami, Florida 33143 (Grantee ), (the Parties). WITNESSETH: WHEREAS, the Agency has budgeted funds to provide grants benefiting applicants who rehabilitate single - family property in the Agency's redevelopment area; and WHEREAS, the Grantee will perform the services required under the Agency's program. NOW, THEREFORE, the Parties agree as follows: ARTICLE I SCOPE OF SERVICES The Grantee shall provide the rehabilitation of single - family property as shall be approved by the City of South Miami's building official, and as attached in the Scope of Services labeled Exhibit "1." ARTICLE II CONDITION OF SERVICES The Grantee agrees to the following: a) The rehabilitation shall benefit very low, low, or moderate income City of South Miami residents. b) Maintain records including, but not be limited to, the following: 1. Information identifying household income, head of household, ethnicity, race and gender, to the extent allowed by law; 2. Other documentation required by the Agency. C) The Grantee shall not, for a period of three (3) years from the execution of this agreement, rent or otherwise convey the property or any portion of the property. d) Allow the Agency and /or City of South Miami officials on the premises and give access to inspect the site and building for code violations. This right may be exercised at any time, upon reasonable notice of not less than forty -eight (48) hours, except in an emergency. e) The Grantee shall, to the extent permitted by law, allow all necessary personal and financial background investigations to be conducted by the Agency. f) The Grantee shall not use the Premises, or any portion, or permit the same to be used for any illegal, immoral or improper purposes, nor to make, or permit to be made, any disturbance, noise or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the demised premises. Any violation of this provision within three (3) years from the execution of this Agreement shall result in the entire grant being repaid by the Grantee to the Agency. ARTICLE III TERM OF AGREEMENT This Agreement shall be deemed effective upon execution by both parties, and shall terminate on Three (3) years from April 2009. A schedule of completion regarding all exterior and interior improvements is attached as Exhibit "2." ARTICLE IV AMOUNT OF GRANT The Agency shall award the Grantee an amount not to exceed 1,065 Dollars. Payment shall be made by providing 50% of the total grant amount within forty -five (45) days of the execution of all necessary documents, including this Agreement, and the remaining 50% within 14 days of all required certificates and approvals from any governmental entity of the rehabilitation work and submittal of proof of expenditures. Never shall the amount of the grant exceed the cost of the expenditures relating to the rehabilitation. ARTICLE V DEFAULT For purposes of this Agreement (and the documents referenced or incorporated), a default shall include without limitation the following acts or events of the Grantee, its agents and employees, as applicable and as further detailed below: (1) Failure to comply with applicable federal, state and local regulations and laws. (2) Breach regarding any of the terms and conditions of this Agreement. 4 In the event of a breach, the Agency shall receive back the Grant amount and may exercise any and all rights including the rights 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 Grantee. The Agency shall be entitled to recover all costs of such actions including a reasonable attorney's fee, at trial and appellate levels, to the extent allowed by law. ARTICLE VI AMENDMENTS Any alterations, variations, modifications or waivers or provisions of this Agreement shall only be valid when they have been reduced to writing, duly approved and signed by both parties, and attached to the original of this Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. No other agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties. ARTICLE VII TERMINATION It is expressly understood and agreed that in the event of curtailment or non - availability of Grant funds, this Agreement will terminate effective as of the time that it is determined by the Agency that funds are no longer available. In the event of such determination, the Grantee agrees that it will not look to nor seek to hold liable the Agency for the further performance of this Agreement and the Parties shall be released from further liability each to the other under the terms of this Agreement. ARTICLE VIII INDEMNIFICATION The Grantee shall defend, indemnify and hold harmless the Agency, its officers, employees and agents, against any claims, suits, actions, damages, proceedings, liabilities and costs (including attorney's fees) arising from or in connection with this Agreement or any contracts the Grantee may enter into with third parties pursuant to this Agreement. The Grantee shall pay all claims and losses of any nature, and shall defend all suits, on behalf of the Agency, its officers, employees or agents when applicable and shall pay all costs and judgments which may issue. ARTICLE IX AUDIT AND INSPECTIONS At any time during normal business hours and as often as the Agency may deem necessary, there shall be made available to the Agency the right to audit and examine all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other 3 data relating to matters covered by this Agreement. It is further understood that all records and supporting documents pertaining to this Agreement shall be kept for a minimum period of three (3) years from the date of expiration of this Agreement and shall be to the extent required by law, be public records available for inspection and copying. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the three year period, the records must be retained until completion of the action and resolution of all issues which arise. If during the course of an audit, the Agency determines that any payments made to the Grantee do not constitute an allowable expenditure, the Agency will have the right to deduct /reduce those amounts from their related invoices. The Grantee must maintain records necessary to document compliance with the provisions of the Agreement. ARTICLE X NOTICES It is understood and agreed between the parties that all notices which may arise in connection with this Agreement shall be considered sufficient when made in writing and mailed or delivered to the appropriate address: If to the Agency: South Miami Community Redevelopment Agency 6130 Sunset Drive South Miami, FL 33143 Attn: Executive Director Grantee: ARTICLE XI SUBCONTRACTS The Grantee agrees that no assignment or subcontract will be made in connection with this Agreement without the express written consent of the Agency. ARTICLE XII SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. ARTICLE XIII PROJECT PUBLICITY The Grantee agrees that any news release or other type of publicity pertaining to the Program must recognize the Agency as an entity which provided funds for the project. [The rest of this page is intentionally left blank.] ARTICLE XV LIMITATION OF LIABILITY The Agency desires to enter into this Agreement only if in so doing the Agency can place a limit on the Agency's liability for any cause of action arising out of the Agreement, so that its liability will never exceed the agreed sum of $1,065_Dollars Grantee expresses its willingness to enter into this Agreement with Grantee's recovery from the Agency for any action or claim arising from this Agreement to be limited to 1,065 Dollars. Payments under the Agreement shall be set- offs against any award of damages against the Agency. Accordingly, and notwithstanding any other term or condition of this Agreement, Grantee agrees that the Agency shall not be liable to Grantee for damages in an amount excess of $1,065 Dollars, for any action or claim of the Grantee or any third parry arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon Agency's liability as set forth in Chapter 768, Florida Statutes. Additionally, the Agency does not waive sovereign immunity, and no claim or award against the Agency shall include attorney's fees, investigative costs or prejudgment interest. IN WITNESS WHEREOF, the parties have executed this Agreement by their respective proper officers duly authorized the day and year first above written. ATTEST GRANTEE ATTEST C Title: SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY By: Secretary Executive Director APPROVED AS TO FORM General Counsel 6 CITY OF SOUTH MIAMI COMMUNTIY REDEVELOPMENT AGENCY MULTI- FAMILY REHABILITATION PROGRAM MORTGAGE This Mortgage made on the day of April , 2009, between Mr. and Mrs. Tommie Small , a Married Couple, hereinafter called the Mortgagor, residing at 6023 SW 691h Street, Miami Florida and the City of South Miami Community Redevelopment Agency (Mortgagee). WITNESSETH: WHEREAS, the Mortgagor desires to secure the payment of an indebtedness in the principal amount of One Thousand and Sixty Five Dollars ($1,065) with interest payable in accordance with a Promissory Note bearing even date with this Mortgage which is attached as "Schedule A" and made a part of this Mortgage, and all other indebtedness which the Mortgagor is obligated to pay to the Mortgagee pursuant to the provisions of the Note of this Mortgage, hereby grants, conveys and mortgages to the Mortgagee the parcel of land situated in Miami -Dade County, Florida and described as follows: LEE PARK CONDO UNIT 78 BLDG 14 UNDIV 0.7095% INT IN COMMON ELEMENTS OFF REC 18758 -611 OR 18770 -2158 0899 5 TOGETHER with all appurtenances and all the estate and rights of the Mortgagor in and to such property or in any way appertaining, all buildings and other structures attached to, or used in or in the operation of, any such land, buildings or structures which are necessary to the complete use and occupancy of such buildings or structures for the purposes for which they were or are to be erected or installed, including but not limited to all heating, plumbing, bathroom, lighting, cooking, laundry, ventilating, refrigerating, incinerating and air - conditioning equipment and fixtures, and all replacements and additions, whether or not the same are or shall be attached to such land, buildings or structures in any manner. TOGETHER with any and all awards made for the taking of the mortgaged property, or any part thereof (including any easement) by the exercise of the power of eminent domain, including any award for change of grade of any street or other roadway, which awards are assigned to the Mortgagee and are deemed a part of the mortgaged property, and the Mortgagee is authorized to collect and receive the proceeds of such awards, to give the proper receipts and acquittance, and to apply the same toward the payment of the indebtedness secured by this Mortgage, notwithstanding the fact that the amount owing may not then be due and payable; and the Mortgagor agrees, upon request by the Mortgagee, to make, execute and deliver any and all assignments and other instruments sufficient for the purpose of assigning each such award to the Mortgagee, free, clear and discharged of any encumbrances or any kind and nature; and TOGETHER with all right, title and interest of the Mortgagor in and to the land lying in the streets and roads in front of and adjoining the above described land (all the above described land, buildings, other structures, fixtures, articles of personal property, awards and other rights and interests being collectively call the "Mortgaged Property"). TO HAVE AND TO HOLD the Mortgaged Property and every part unto the Mortgagee, its successors and assigns forever for the purpose and uses set forth. The Mortgagor further covenants and agrees with the Mortgagee, as follows: 1. The Mortgagor will promptly pay the principal of and interest on the indebtedness evidenced by the Note, and all other charges and indebtedness provided in the Note and in this Mortgage, at the times and in the manner provided in the Note and in this Mortgage. 2. The Mortgagor will pay when due all ground rents, if any, and all taxes, assessments, waiver rates and other governmental charges, fines, and impositions of every kind and nature imposed on the mortgaged property or any part, and will pay when due every amount of indebtedness secured by any lien to which the lien of this Mortgage is expressly subject. 3. This Mortgage and the Note were executed and delivered to secure moneys advanced in full to the Mortgagor by the Mortgagee as or on account of a loan evidenced by the Note, for the purpose(s) described or referred to in the City of South Miami Community Redevelopment Agency Residential Rehabilitation Program dated_March 5, 2001, to or on the mortgaged Property, and for such other purpose, if any. 4. No building or other structure or improvement, fixture, or personal property managed shall be removed or demolished without the prior written consent of the Mortgagee. The Mortgagor will not make, permit or suffer any alteration of or addition to any building or other structure or improvement to be erected or installed upon the mortgaged property or any part, nor will the Mortgagor use, or permit or suffer the use of any of the mortgaged property for any purpose other than the purpose or purposes for which the same is now intended to be used, without the prior written consent of the Mortgagee. The Mortgagor will maintain the mortgaged property in good condition and state of repair and will not suffer or permit any waste to any part and will promptly and with all the requirements of federal, state and local governments, or of any departments, divisions or bureaus, pertaining to such property. 5. The Mortgagor will not voluntarily create, or permit or suffer to be created or to exist, on or against the mortgaged property, or any part, any lien superior to the lien of this Mortgage, exclusive of the lien or liens, if any, to which this Mortgage is expressly subject, as set forth in the granting clause above, and will keep and maintain the same from the claims of all parties supplying labor or materials which will enter into the construction or installation of improvements. This Mortgage shall have priority over all other encumbrances except a purchase money first mortgage. 6. a) The Mortgagor will keep all buildings, other structures and improvements, including equipment, now existing or which may be erected or installed on the land mortgaged, insured against loss by fire and other hazards, casualties and contingencies, in such amounts and manner, and for such periods, all as may be required from time to time by the Mortgagee. Unless otherwise required by the Mortgagee, all insurance shall be effected by Standard Fire and Extended Coverage Insurance policies, in amounts not less than necessary to comply with the coinsurance clause percentage of the value applicable to the location and character of the property to be covered. All such insurance shall be carried in companies approved by the Mortgagee and applicable to the location and character of the property to be covered. All such insurance shall be carried in companies approved by the Mortgagee and all policies shall be in such form and shall have attached loss payable clauses in favor of the Mortgagee and any other parties as shall be satisfactory to the Mortgagee. All policies and attachments shall be delivered promptly to the Mortgagee unless they are required to be delivered to the holder of a lien of a mortgage or similar instrument to which this Mortgage is expressly subject, in which latter event, certificates, satisfactory to the Mortgagee, shall be delivered promptly to the Mortgagee. The Mortgagor will pay promptly when due, as provided, any and all premiums on such insurance, and in every case in which payment is not made from the deposits required by this Mortgage, promptly submit to the Mortgagee for examination receipts or other evidence of such payment as shall be satisfactory to the Mortgagee. The Mortgagee may obtain and pay the premium on (but shall be under no obligation to do so) every kind of insurance required if the amount of such premium has not been deposited as required by this Mortgage, in which event the Mortgagor will pay the Mortgagee every premium so paid by the Mortgagee. b) In the event of loss or damage to the mortgage property, the Mortgagor will give to the Mortgagee immediate notice by mail, and the Mortgagee may make and file proof of loss if not made otherwise promptly by or on behalf of the Mortgagor. Each insurance company issuing any such policy is hereby authorized and directed to make payment for such loss to the Mortgagor and the Mortgagee jointly, unless the amount of loss is payable first to the lienholder under a mortgage or similar instrument to which this Mortgage is expressly subject, and the insurance proceeds, or any part, if received by the Mortgagee, may be applied by the Mortgagee, at its option, either in reduction of the indebtedness secured, or to the restoration or repair of the mortgaged property in extinguishment of such indebtedness, all right, title and interest of the Mortgagor in and to every such insurance policy then in enforce, subject to the rights and interest of the holder of any such prior lien, shall pass to the grantee acquiring title to the mortgaged property together with such policy and appropriate assignment of such right, title, and interest which shall be made by the Mortgagor. 7. The Improvements and all plans and specifications shall comply with any and all applicable municipal, county, state and federal ordinances, regulations and rules made or promulgated by lawful authority, and upon their completion, shall comply with the rules of the Board of Fire Underwriters having jurisdiction. Upon any failure by the Mortgagor to comply with or perform any of the terms, covenants or conditions of the Mortgage requiring the payment of any amount of money by the Mortgagor, other than the principal amount of the loan evidenced by the Note, interest and other charges, as provided in the Note, the Mortgagee may at its option make such payment. Every payment so made by the Mortgagee (including reasonable attorney's fees incurred), with interest thereon from date of such payment, at the rate of four percent (4 %) per annum, except any payment for which a different rate of interest is specified herein, shall be payable by the Mortgagor to the Mortgagee on demand and shall be secured by this Mortgage. This Mortgage with respect to any such amount and the interest thereon shall constitute a lien on the mortgaged property prior to any other lien attaching or accruing subsequent to the lien of this Mortgage. The Mortgagee, by any of its agents or representatives, shall have the right to inspect the mortgaged property from time to time at any reasonable hour of the day. Should the mortgaged property at any time require inspection, repair, care or attention of any kind or nature not provided by the Mortgagor as determined by the Mortgagee in its sole discretion, the Mortgagee may, after notice to the Mortgagor, enter or cause entry to be made upon the mortgaged property and inspect, repair, protect, care for or maintain such property, as the Mortgagee may in its sole discretion deem necessary, and may pay all amounts of money, as the Mortgagee may in its sole discretion deem necessary. 10. The principal amount owing on the Note together with interest and all other charges, as provided in the Note, and all other amounts of money owing by the Mortgagor to the Mortgagee pursuant to and secured by this Mortgage, shall immediately become due and payable without notice or demand upon the transfer or alienation of the Mortgaged Property to another person other than the Mortgagor, except is such transfer is to the surviving spouse, appointment of a receiver or liquidator, whether voluntary or involuntarily, for the Mortgagor or any of the property of the Mortgagor, or upon the filing of a petition by or against the Mortgagor under the provisions of any State insolvency law, or under the provisions of the Bankruptcy Act of 1898, as amended, or upon the making by the Mortgagor of an assignment for the benefit of the Mortgagor's creditors. The Mortgagee is authorized to declare, at its option, all or any part of such indebtedness immediately due and payable upon the happening of any of the following events which shall constitute a default on that Note and any other Note which this mortgage secures: a) Failure to pay the amount of any installment of principal and interest, or other charges payable on the Note which shall have become due; b) Nonperformance by the Mortgagor of any covenant, agreement, term or condition of this Mortgage, or the Note (except as otherwise provided in subdivision (a) or of any other agreement made by the Mortgagor with the Mortgagee in connection with such indebtedness, after the Mortgagor has been given due notice by the Mortgagee of such nonperformance; c) Failure of the Mortgagor to perform any covenant, agreement, term or condition in any instrument creating a lien upon the mortgaged property, or any part, which shall have priority over the lien of this Mortgage; d) The Mortgagee's discovery of the Mortgagor's failure in any application of the Mortgagor to disclose any fact deemed by the Mortgagee to be material, or of the making, or in any of the agreements entered into by the Mortgagor with the Mortgagee (including, but not limited to, the Note and this Mortgage) of any misrepresentation by, on behalf of, or for the benefit of the .Mortgagor; e) The sale, lease or other transfer of any kind or nature of the mortgaged property, or any part, without the prior written consent of the Mortgagee, including the subordination of this mortgage or owner /s refinancing of the mortgage property. The Mortgagee's failure to exercise any of its rights shall not constitute a waiver. All the events in this Paragraph enumerated upon the happening of any of which the Note shall become, or may be declared to be, immediately due and payable are in this Mortgage called "events of default ". 11. The Mortgagee may from time to time cure each default under any covenant or agreement in any instrument creating a lien upon the mortgaged property, or any part which shall have priority over the lien of this Mortgage, to such extent as the Mortgagee may exclusively determine, and each amount paid, if any, by the Mortgagee to cure any such default shall be paid by the Mortgagor to the Mortgagee, and the Mortgagee shall also become subrogated to whatever rights the holder of the prior lien might have under such instrument. 12. a) After the happening of any default, the Mortgagor shall, upon demand of the Mortgagee, surrender possession of the mortgaged property to the Mortgagee, and the Mortgagee may enter such property, and let the same and collect all the rents therefrom which are due or to become due, and apply the same, after payment of all charges and expenses, on account of the indebtedness secured, and all such rents and all losses existing at the time of such default are assigned to the Mortgagee as further security for the payment of the indebtedness secured, and the Mortgagee may also dispossess, by the usual summary proceedings, any tenant defaulting in the payment of any rent to the Mortgagee. b) In the event that the Mortgagor occupies the mortgaged, property or any part, the Mortgagor agrees to surrender possession after such default, such possession shall be as a tenant of the Mortgagee, and the Mortgagor shall pay in advance, upon demand by the Mortgagee, as a reasonably monthly rental for the premises occupied by the Mortgagor, an amount at least equivalent to one - twelfth the aggregate of the twelve monthly installments payable under the Note in the current calendar year, plus the actual amount of the annual ground rent, if any, taxes, assessments, water rates, other governmental charges, and insurance premiums payable in connection with the mortgaged property during such year, and upon the failure of the Mortgagor to pay such monthly rental, the Mortgagor may also be dispossessed by the usual summary proceedings applicable to tenants. This covenant shall become effective immediately upon the happening of any such default, as determined in the sole discretion of the Mortgagee, who shall give notice of such determination to the Mortgagor, and in the case of foreclosure and the appointment of a receiver of the rents, the covenant shall inure to the benefit of such receiver. 13.The Mortgagee in any action to foreclose this Mortgage shall be entitled to the appointment of a receiver without notice, as a matter of right and without regard to the value of the mortgaged property, or the solvency or insolvency of the Mortgagor or other party liable for the payment of the Note and other indebtedness secured by this Mortgage. 14. The Mortgagor, within ten (10) days upon request in person or within twenty (20) days upon request by mail, will furnish promptly a written statement in form satisfactory to the Mortgagee, signed by the Mortgagor and duly acknowledged, of the amount then owing on the Note and other indebtedness secured by this Mortgage, and whether any offsets or defenses exist against such indebtedness or any part. 15.The Mortgagor shall give immediate notice by registered or certified mail to the Mortgagee of any fire, damage or other casualty affecting the mortgaged property, or of any conveyance, transfer or change in ownership of such property, or any part. 16. Notice and demand or request may be made in writing and may be served in person or by mail. 17. In case of a foreclosure sale of the mortgaged property, it may be sold in one parcel. 18.The Mortgagor will not assign the rents, if any, in whole or in part, from the mortgaged property, or any part, without the prior written consent of the Mortgagee. 19.The Mortgagor is lawfully seized of the mortgaged property and has good right, full power and lawful authority to sell and convey the same in the manner above provided, and will warrant and defend the same to the Mortgagee forever against the lawful claims and demands of any and all parties whatsoever. 20.The Mortgagor waives the benefit of all homestead exemptions as to the debt secured by this Mortgage and as to any expenditure for insurance, taxes, levies, assessments, dues or charges incurred by the Mortgagee pursuant to any provision of this Mortgage. 21.This Mortgage and all the covenants, agreements, terms and conditions herein contained shall be binding upon and inure to the benefit of the Mortgagor and the heirs, legal representatives and assigns of the Mortgagor, and to the extend permitted by law, every subsequent owner of the mortgaged property, and shall be binding upon and inure to the benefit to the Mortgagee and its assigns. If the Mortgagor consists of two or more parties, this Mortgage shall constitute a grant and mortgage by all of them jointly and severally, and they shall be obligated jointly and severally under all these provisions and under the Note. The word "Mortgagee" shall include any person, corporation or other party who may from time to time be the holder of this Mortgage. Wherever used, the singular number shall include the plural, the plural number shall include the singular, and the use of any gender shall be applicable to all genders wherever the sense requires. IN WITNESS WHEREOF, this Mortgage has been duly signed and sealed by the Mortgagor on or as of the day and year first above written. Signed, sealed and delivered in the presence of: Witness (Print Name) [Name] Owner Witness (Print Name) Owner Address: STATE OF FLORIDA COUNTY OF MIAMI -DADE The foregoing Mortgage was acknowledged before me this day of following: This instrument prepared by: 2009, by who is /are .personally known to me, or who has produced the as identification and who did not take an oath. Typed /Printed Name: Title: Notary Public, State of Florida Eve Boutsis General Counsel City of South Miami Community Redevelopment Agency 6130 Sunset Drive South Miami, FL 33143 RESIDENTIAL REHABILITATION PROGRAM AGREEMENT NUMBER:CRA BORROWER (S): Mr. and Mrs. Tommie Small PROPERTY ADDRESS: 6023 SW 69th Street Miami, Florida 33143 AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI -DADE +W BEFORE ME, the undersigned Notary Public, personally appeared Mr. and Mrs. Tommie Small who, having been duly sworn according to law, deposes and says: 1. Affiant is the owner of the real property described in Exhibit "A" attached hereto, hereinafter referred to as the "Premises" attached hereto. 2. That the South Miami Community Redevelopment Agency ( "SMCRA ") has approved Affiant's application under the Residential Rehabilitation Program for Single Family Homes and is issuing a grant to Affiant pursuant thereto. 3. Affiant states that there are no actions, proceedings, judgments, bankruptcies, liens or executions recorded among the Public Records of Dade County, Florida, or any other county in Florida or pending against Affiant in the courts of Dade County, or other courts in any other State or Federal Liens that could be recorded in the Public Records. 4. There has been no change in title to the above described Premises from that which was shown in the title evidence previously submitted by me to the SMCRA and there are no matters pending against me that could give rise to a lien that would attach to the Premises. S.Affiant has not and hereby agrees and represents that Affront will not execute any instrument, or do any act whatsoever, that in any way would affect the title to the Premises including, but not limited to, the mortgaging or conveying the Premises or any interest in it or causing any liens to be recorded against the Premises or the Affront. 6. Affiant agrees to indemnify and save the South Miami Community Redevelopment Agency harmless from and against any loss, damage, cost, expense and outlay, including without limitation all attorneys' fees and court costs, which it may at any time sustain, incur or be exposed to by reason or in consequence of the representations made herein by Affiant. STATE OF FLORIDA) SS COUNTY OF MIAMI -DADE) I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared To me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that he /she /they executed the same, and who presented as identification the following: and he /she /they did take an oath. WITNESS my hand and official seal in the County and State lasts aforesaid this day of, March 2009. Notary Public Printed: Schedule A Amount $1,065 CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL REHABILITATION PROGRAM PROMISSORY NOTE AgreementNo:CRA Date: April ,2009 FOR VALUE RECEIVED, the undersigned jointly and severally promise(s) to pay to the City of South Miami Community Redevelopment Agency (hereinafter referred to as the "Agency "), in the manner hereinafter specified, the principal sum of $1,065 Dollars, payable without interest except as herein below or otherwise provided. This Promissory Note is made to evidence the loan made to the undersigned by the Agency pursuant to the City of South Miami Community Redevelopment Agency Muti- Family Rehabilitation Program. So long as the undersigned has not provided false information in support of the application for the loan, or has not otherwise violated the City of South Miami Community Redevelopment Agency Residential Rehabilitation Program, the aforementioned principal sum shall be partially forgiven in the amount of $355 each year over a 3 year period, until fully forgiven at the conclusion of 3 years This Note is secured by a mortgage, of even date herewith, on the real property owned and occupied by the undersigned located at 6152 SW 68 Street South Miami, Florida 33143 (the "Property "). If the undersigned fails to occupy the Property as a single family dwelling, has provided false information in support of the application for loan or has otherwise violated the City of South Miami Community Redevelopment Agency Muti- Family Rehabilitation Program, or if the Property securing this Note is sold or in any way alienated or transferred, except if such transfer is to a surviving spouse, such an event shall constitute a default, and the aforementioned principal sum shall, at the option of the holder hereof, become at once due and collectable without notice, time being of the essence, and shall bear interest from such time until paid at the rate of four percent (4 %) simple interest per year on the unpaid principal amount then owing. Determination that the Property is occupied by the undersigned as a single family dwelling, the alienation, transfer or sale of the Property, or the undersigned's violation of the City of South Miami Community Redevelopment Agency Multi- Family Rehabilitation Program sufficient to call for payment of this Note shall rest with the Agency and /or its designated agents and the maker shall be notified of the time and place of payment. Subordination of this Note or the Owner's refinancing of the subject Property shall also constitute default. The undersigned reserve(s) the right to repay at any time all or any part of the principal amount of this Note without the payment of penalties or premiums. If the principal amount of this Note is not paid when due, the undersigned's action shall constitute a default and the undersigned shall, at the option of the Agency, pay to the Agency the late charge of one percent per calendar month, or fraction thereof, on the amount past due and remaining unpaid. Failure of the Agency to exercise such option shall not constitute a waiver of such default. If the undersigned shall default on payment under this Note, or provide false information in support of the application for loan, or otherwise violate the City of South Miami Community Redevelopment Agency Multi- Family Rehabilitation Program, the undersigned may be subject to penalties authorized by state and local laws, codes, rules and regulations. If this Note be reduced to judgment, such judgment shall bear the statutory interest rate on judgments. If suit is instituted by the Agency to recover on this Note, the undersigned agree(s) to pay all costs of such collection including reasonable attorney's fees, at trial and appellate levels, and court costs. DEMAND, protest and notice of demand and protect are hereby waived, and the undersigned hereby waives, to the extent authorized by law, all Homestead and exemption rights which otherwise would apply to the debt evidenced by this Note. Whenever used herein the terms "holder ", "maker" and "payee" shall be construed in the singular or plural as the context may require or admit. IN WITNESS WHEREOF, this Note has been duly executed by the undersigned as of its date. STATE OF FLORIDA) SS COUNTY OF MIAMI -DADE) I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared To me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that he /she /they executed the same, and who presented as identification the following: and he /she /they did take an oath. WITNESS my hand and official seal in the County and State lasts aforesaid this day of April, 2009. . Notary Public Printed: To: a1II1' SMCRA 2001 "Making our Neighborhood a Great Place to Live, Work and Play" Honorable Chair and SMCRA From: Stephen SMCRA Date: April 13, 2009 ITEM No. APPROVAL GENERAL COUNCIL NAME CHANGE A RESOLUTION OF THE CHAIR PERSON AND SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS RELATING TO THE APPOINTING MR. LUIS FIGUEREDO AND FIGUEREDO BOUTSIS & MONTALVO, P.A. D/B /A FBM LAW OFFICES TO SERVE AS GENERAL COUNSEL; PROVIDING AN EFFECTIVE DATE. BACKGROUND During the April 7, 2009 Meeting of the City Commission, a resolution was approved to formally accept a continuance of services and name change of the City's Legal Council from Nagin Gallop Figueredo P.A. to Figueredo, Boutsis, Montalvo P.A (See Exhibit A). Based on the aforementioned name change, the SMCRA is also required to act on formally accepting a continuance of services and name change of the firm. Approval of the attached resolution shall authorize the above referenced actions. RECOMMENDATION Staff recommends approval of the attached resolution authorizing a continuance of services and the aforementioned name change of SMCRA General Council Figueredo, Boutsis, Montalvo P.A. Attachments. Approved City Commission Resolution SD/MCGRUFF \PLANNING \CRA \Approval of General Council Name Change.doc I RESOLUTION NO. 2 3 A RESOLUTION OF THE CHAIR PERSON AND SOUTH MIAMI 4 COMMUNITY REDEVELOPMENT AGENCY BOARD OF 5 DIRECTORS RELATING TO . THE APPOINTING MR. LUIS 6 FIGUEREDO AND FIGUEREDO BOUTSIS & MONTALVO, P.A. 7 DB /A FBM LAW OFFICES TO SERVE AS GENERAL COUNSEL; 8 PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the SMCRA board selected Eve A. Boutsis, and the firm of 11 Nagin Gallop & Figueredo, P.A. to provide general counsel services to the 12 Board; and, 13 14 WHEREAS, the law firm's name has changed to Figueredo, Boutsis & 15 Montalvo, P.A., d /b /a FBM Law Offices; and, 16 17 WHEREAS, the name change is a result of bringing two long standing 18 non - equity partners into the fold as equity partners in the firm; and, 19 20 WHEREAS, Mr. Gallop passed away some time ago; and, 21 22 WHEREAS, Mr. Figueredo and the current lawyers from the former firm 23 shall continue to provide services under the terms and conditions of the Nagin, 24 Gallop & Figueredo, P.A. contract under the new firm name. 25 26 NOW THEREFORE BE IT RESOLVED BY THE SOUTH MIAMI 27 COMMUNITY REDEVELOPMENT AGENCY; 28 29 Section 1. Ms. Eve A. Boutsis, and Figueredo Boutsis & Montalvo, P.A. 30 d/b /a FBM Law Offices, is appointed to serve as general counsel to the SMCRA 31 pursuant to the terms and conditions of attorney engagement agreement with the 32 agency, and shall have the duties and responsibilities prescribed in the agreement. 33 The term of this appointment shall commence on April 14, 2009, and shall 34 terminate as provided in the prescribed underlying agreement 35 36 Section 2. This resolution shall take effect immediately upon approval. 37 38 39 PASSED AND ADOPTED this _ day of April, 2009. 40 41 Additions shown by underlining and deletions shown by ever. 1 - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ATTEST: SECRETARY READ AND APPROVED AS TO FORM: GENERAL COUNSEL Page 2 of 2 ... AliAa�� CHAIRPERSON BOARD VOTE: Chair Feliu: Vice Chair Beasley: Board Member Newman: Board Member Beckman: Board Member Palmer: Board Member L. Williams Board Member R. Williams EXHIBIT A CITY OF SOUTH MIAMI 3.ble Mayor and City Commission From: Luis R. Figueredo, Office of City Attorney Date: April 7, 2009 Re: Name Change /so A RESOLUTION OF THE MAYOR AND CITY .COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE NAME CHANGE OF THE LAW FIRM FROM NAGIN GALLOP & FIGUEREDO, P.A., TO FIGUEREDO, BOUTSIS & MONTALVO, P.A. DB /A FBM LAW OFFICES, TO SERVE AS CITY ATTORNEY; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS: Article II, section 7 of the City Charter empowers the City Commission to appoint an individual attorney or a law firm to act as the City Attorney. The firm of Nagin, Gallop & Figueredo, P.A. has served as City Attorney through its lawyers; Luis R. Figueredo, Eve A. Boutsis, and H. James Montalvo. As you are aware a few years ago Mr. Earl G. Gallop passed. Since that time, Ms. Boutsis has become a non - equity partner, and both she and Mr. Montalvo have become equity partners in the firm. To more accurately reflect the composition of the firm, and recognize their, partnership interest, the firm is undergoing a name change. Services will be provided as previously. We thank you in advance for your recognition of Ms. Boutsis and Mr. Montalvo in providing services to the City of pleasant living under the new name of Figueredo, Boutsis, & Montalvo, P.A., d /b /a FBM Law Offices. FISCALBUDGETARY IMPACT: None. RECOMMENDATION: Approval. RESOLUTION NO. 68-09-12877 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, . FLORIDA, RELATING TO THE NAME CHANGE OF THE LAW FIRM FROM NAGIN GALLOP. & FIGUEREDO, P.A., TO FIGUEREDO BOUTSIS & MONTALVO, P.A. DB /A FBM LAW OFFICES, WHICH PERSONS SERVE AS CITY ATTORNEY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Article IL section 7, of the City Charter empowered the City Commission to appoint Nagin Gallop & Figueredo, P.A., as the City Attorney; and, WHEREAS, the law fine's name has changed to Figueredo, Boutsis & Montalvo, P.A., d/b /a FBM Law Offices; and, WHEREAS, the name change is a result of bringing two long standing non -equity partners into the fold as equity partners in the firm; and, WHEREAS, Mr. Gallop passed away some time ago; and, WHEREAS, Mr. Figueredo and the current lawyers from the former firm shall continue to provide services under the terms and conditions of the Nagin, Gallop & .Figueredo, P.A. contract under the new fine name. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. Mr. Luis Figueredo and Figueredo Boutsis & Montalvo, P.A. d /b /a FBM Law Offices, shall continue to provide services as City Attorney under the same terms and conditions as previously approved by the City Commission. The name change shall be effective as of April 1, 2009. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 7th day of April , 2009. ATTEST: READ AND APPROVED AS TO FORM: s . Figueredo, Office of City Attorney APPROVED: COMMISSION VOTh/ 6 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Newman: Yea Commissioner Beckman: Yea Commissioner Palmer: Yea Additions shown by underl and deletions shown by ^^°r-�.