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04-14-08mot: 2001 FMral ing our Nei hborhood a Gr€ & Pfa � to Live, ftrk end Play' Chair Horace G. Feliu General Counsel Eve Boutsis Vice Chair Brian Beasley SMCRA Director Stephen David Member Randy G. Wiscombe Secretary Maria M. Menendez Member Jay Beckman Member Velma Palmer Member Rodney Williams Member Lashawnda Williams SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY CRA Meeting Meeting Date: Monday, April 14, 2008 Time: 6:30 PM Next Meeting Date: Monday, May 12, 2008 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 $125.00. 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 note 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 14, 2008 REGULAR MEETING 1. APPROVAL OF MINUTES A) March 10, 2008 2. DIRECTOR'S REPORT: A) Monthly Expenditure Report* B) Mobley Building Renovation Schematics* C) Property Improvement Update* D) Affordable Housing Construction Update* E) Homeowner Assistance Brochure* 3. GENERAL COUNSEL REPORT A) None. *Attachments PUBLIC COMMENTS (5- minute limit) CONSENT AGENDA 4. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO ATTORNEY FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A., FOR INVOICES DATED MARCH 25, 2008 IN THE TOTAL AMOUNT OF $4,128.40; AND CHARGING THE AMOUNT TO ACCOUNT NO. 610 - 1110 - 564 -31 -20 (GENERAL CORPORATE ACCOUNT); AND PROVIDING AN EFFECTIVE DATE. COMMUNITY REDEVELOPMENT AGENCY 2 AGENDA - April 14, 2008 RESOLUTIONS 5. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO AFFORDABLE HOUSING DEVELOPMENT; AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO AGREEMENT WITH HABITAT FOR HUMANITY OF GREATER MIAMI INC. FOR THE CONVEYANCE OF SMCRA OWNED PROPERTY LOCATED AT 6065 SW 64TH TERRACE (FOLIO #09- 4025- 000 -0730) TO HABITAT OF HUMANITY OF GREATER MIAMI INC. TO CONSTRUCT ONE AFFORDABLE, SINGLE- FAMILY HOME; AND PROVIDING AN EFFECTIVE DATE. (Deferred on 03- 10 -08) 6. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO AFFORDABLE HOUSING DEVELOPMENT; AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO AGREEMENT WITH HABITAT FOR HUMANITY OF GREATER MIAMI INC. FOR THE CONVEYANCE OF SMCRA OWNED PROPERTY LOCATED AT 6041 SW 63RD STREET (FOLIO #09 -4025- 010 -0850) TO HABITAT OF HUMANITY OF GREATER MIAMI INC. TO CONSTRUCT ONE AFFORDABLE, SINGLE- FAMILY HOME; AND PROVIDING AN EFFECTIVE DATE. (Deferred on 03- 10 -08) 7. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA), RELATING TO REAL PROPERTY; AUTHORIZING THE SMCRA DIRECTOR TO ISSUE A FORMAL PURCHASE OFFER OF $20,000 IN ADDITION TO THE SMCRA PAYING FOR THE OUTSTANDING PROPERTY TAXES ON ' VACANT RESIDENTIAL PROPERTY LOCATED AT 6082 SW 63' STREET, FOLIO NUMBER 09- 4025- 010 -0770 FOR THE' PURPOSE OF DEVELOPING AFFORDABLE HOUSING; AND PROVIDING AN EFFECTIVE DATE. 8. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO EMPLOYMENT TRAINING; AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO AGREEMENT WITH THE SOUTH FLORIDA CHAPTER OF THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA FOR GRANT FUNDING IN AN AMOUNT NOT TO EXCEED $22,500 FOR EMPLOYMENT TRAINING AND JOB PLACEMENT SERVICES FOR ELIGIBLE SOUTH MIAMI RESIDENTS AND CHARGING THE TOTAL AMOUNT TO ACCOUNT NO. 610 - 1110- 551 -99 -32 (WOUNDED HEATERS /APPRENTICESHIP JOB TRAINING PROGRAMS); AND PROVIDING AN EFFECTIVE DATE. 9. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO BOARD MEMBER DISCRETIONARY FUND DISBURSEMENT; AUTHORIZING THE SMCRA DIRECTOR TO DISBURSE FUNDING IN THE AMOUNT OF $500 TO THE CHURCH OF HIGHER PRAISE AND WORSHIP; $250 TO THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY 3 AGENDA - April 14, 2008 ALLIANCE FOR YOUTH ORGANIZATION; AND $250 TO THE SOUTH MIAMI GREY GHOST CHEERLEADERS AND CHARGING THE TOTAL AMOUNT TO ACCOUNT NO. 610- 1110 - 554- 99 -25, BOARD MEMBER DISCRETIONARY FUNDS (BOARD MEMBER PALMER); AND PROVIDING AN EFFECTIVE DATE. 10. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) , RELATING TO THE SMCRA HOMEOWNER ASSISTANCE PROGRAM; RELATING TO DISSOLUTION OF THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. BOARD COMMENTS ADJOURNMENT PURSE TAKE I►OTIOE THAT 1EOT/011 0-2. 1 (k)(2) Of THE CODE Of ONDIAAAOEI PROVIDEI THAT "AAY MUM MAKIRG PENMAN IAIPERTIMT, OR 11AADER0111 REMARKI OR WHO 1NAll BE00ME BO/1TER091 VNIIE ADDREII/AG THE 0011 M11110A 1NAll BE EORTHID/TH BARRED fROM fIIRTHER AIIDIEWE BEFORE THE 0011=1 BY THE PREI/D/AG OMOER, gfilE11 PERMU1I0A TO 0011T/Al1E BE GNl1ATED By MNOR/TrVOTE Of THE 00MM11110A. 00 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 CONSTITUTE 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 4 AGENDA - April 14, 2008 12 CALL TO ORDER: 13 p DRS in 14 regular session on Monday, March 10, 2008 beginning at 6:40 p.m., 15 3 4 pit -smart 5 c*- 7 t 18 2001 9 10 `Mcking ovr.(VeirghborLaoo a Ere cFlace to Live, Work cnd Flay' 11 Vice 12 CALL TO ORDER: 13 The South Miami Community Redevelopment Agency met in 14 regular session on Monday, March 10, 2008 beginning at 6:40 p.m., 15 in the City Commission Chambers, 6130 Sunset Drive. 16 17 A. ROLL CALL: 18 19 The following members of the CRA Board were present: Vice 20 Chair Brian Beasley and Members Jay Beckman, Velma Palmer and 21 Lashawnda Williams. Member Rodney Williams arrived at 7:30 p.m. 22 Chair Horace Feliu and Member Randy Wiscombe were absent. 23 24 Also in attendance were: General Counsel Eve Boutsis, CRA 25 Director Stephen David, Program Coordinator James McCants and 26 Deputy City Clerk Nkenga Payne. 27 28 B. INVOCATION: 29 30 The invocation was delivered by Member Velma Palmer. 31 32 C. PLEDGE OF ALLEGIANCE: 33 34 The Pledge of Allegiance was recited in unison. 35 36 REGULAR MEETING r� 41 1. APPROVAL OF MINUTES 42 43 A) December 10, 2007 44 45 It was moved by Member Beckman and seconded.by Vice Chair 46 Beasley to approve the minutes as presented. The motion 47 passed by a 4 -0 vote. 48 49 Member L. Williams: yea 50 Member R. Williams: absent 51 Member Palmer:. yea 52 Member Beckman: yea COMMUNITY REDEVELOPMENT AGENCY 1 Minutes - March 10, 2008 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 Vice Chair Beasley: Member Wiscombe: Chair Feliu: 2. DIRECTOR'S REPORT: A) Monthly Expenditures • September 2007 • October 2007. • November 2007 • December 2007 There were no questions regarding expenditures. B) Miami -Dade County Final Budget Hearing Mr. David stated that this is an updE lengthy process of the county to approve have to go through three committees with Committee, Economic Development Committee Commission. We got unanimously approval committees. C) Property Improvement Initiative yea absent absent the monthly ite regarding the our budget. We the county, TIF and the County from all three Mr. David stated the board suggested being proactive with the problem properties in the SMCRA, in terms of helping fix them up. Because sometimes it is hard for some people to come, staff has proactively approached the property owners to see if they would like to apply for SMCRA grant assistance. One property of great concern is 6400 SW 60th Avenue. The building department issued a notice of violation to the owners to demolish the structure. Member Palmer asked if any grant assistance was offered to this particular property owner. Mr. David answered that applications were given to the owner, but staff has not heard back from the owner. Member Beckman stated we need to resolve the issue with this house. Member Palmer asked if it would be in our best interest to buy the property if the owner wants to sell. COMMUNITY REDEVELOPMENT AGENCY 2 Minutes - March 10, 2008 1 2 Mr. David mentioned that we didn't get any indication 3 that the owner wanted to sell. 4 5 The Board asked staff to bring back at the next SMCRA 6 meeting information regarding the other four houses along SW 7 60th Avenue. 8 9 D) Affordable Housing Construction Status 10 11 Mr. David reported on the Greater Miami Neighborhood 12 Properties. He stated the all liens are almost removed. 13 The building department had to review the plans again 14 because the plans were done a few years back and the code 15 has changed some. Some minor things had to be changed. The 16 architect has the plans and should submit them next week. A 17, DERM permit is needed before construction is started. Also 18 we have to convey the property so that the contractor can 19 get financing. 20 21 E) Mobley Building Renovation Report 22 23 The architect is developing a preliminary schematic 24 design of the interior of the building and as soon as the 25 plans are available, staff will bring it to the board. 26 27 Member Palmer asked if we have to wait until the design 28 is complete before we are able to rent the spaces out. 29 30 Mr. David mentioned that we are working concurrently 31 with that based on prior board directions, we have groups 32 that are interested and they are listed in the report. Then 33 we would have to bring it back to the board for approval of 1� the lease agreements. 37 3. GENERAL COUNSEL REPORT 38 39 Ms. Boutsis stated she would report on the items 40 as they come before the board. 41 42 43 PUBLIC COMMENTS 44 45 There were no speakers for public comments. 46 47 COMMUNITY REDEVELOPMENT AGENCY 3 Minutes - March 10, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 CONSENT AGENDA CRA 01 -08 -313 4. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO ATTORNEY FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A., FOR INVOICES DATED NOVEMBER 29, 2007, DECEMBER 31, 2007, JANUARY 30, 2008 AND FEBRUARY 27, 2008 IN THE TOTAL AMOUNT OF $3,172.37; AND CHARGING THE AMOUNT TO ACCOUNT NO. 610 - 1110 - 564 -31 -20 (GENERAL CORPORATE ACCOUNT); AND PROVIDING AN EFFECTIVE DATE. It was moved by Member Palmer and seconded by Member Beckman to approve the consent agenda. The motion was approved by a 4 -0 vote. Member L. Williams: yea Member R. Williams: absent Member Palmer: yea Member Beckman: yea Vice Chair Beasley: yea Member Wiscombe: absent Chair Feliu: absent RESOLUTIONS CRA 02 -08 -314 5. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO INFRASTRUCTURE IMPROVEMENTS AUTHORIZING THE SMCRA DIRECTOR TO DISBURSE FUNDING IN THE AMOUNT OF $95,000 TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A (CT3S) FOR PROFESSIONAL SERVICES FOR PHASE I OF THE SUNSET DRIVE IMPROVEMENT PROJECT; AND CHARGING THE TOTAL AMOUNT TO ACCOUNT NO. 610- 1110 - 513- 46 -70( INFRASTRUCTURE /MAINTENANCE /REPAIRS); AND PROVIDING AN EFFECTIVE DATE. It was moved by Member Beckman and seconded by Member Palmer to approve this item. Mr. David mentioned this is an infrastructure project. This is the SMCRA contribution towards this project. After little discussion, the motion passed by a 4 -0 vote. COMMUNITY REDEVELOPMENT AGENCY Minutes - March 10, 2008 Member L. Williams: Member R. Williams: Member Palmer: Member Beckman: 4 yea absent yea yea 1 Vice Chair Beasley: yea 2 Member Wiscombe: absent Chair Fe.liu: absent 5 6 CRA 03 -08 -315 7 6. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY 8 REDEVELOPMENT AGENCY RELATING TO INFRASTRUCTURE 9 IMPROVEMENTS AUTHORIZING THE SMCRA DIRECTOR TO DISBURSE 10 FUNDING IN THE AMOUNT OF $47,300 TO T.Y. LIN 11 INTERNATIONAL /H.J. ROSS FOR PROFESSIONAL ENGINEERING 12 SERVICES FOR PHASE I OF THE SW 66TH STREET IMPROVEMENT 13 PROJECT; AND CHARGING THE TOTAL AMOUNT TO ACCOUNT NO. 14 610- 1110 - 513- 34- 50(INFRASTRUCTURE /CONTRACTUAL SERVICES; 15 AND PROVIDING AN EFFECTIVE DATE. 16 It was moved by Member Palmer and seconded by Member Beckman 17 to approve this item. 18 ` 19 Mr. David said this is the SMCRA contribution for the SW 66th 20 Street project. 21 22 Regarding the problem of getting out of the community center, 23 Member Palmer asked if this project a part of that. 24 25 Mr. Balogun answered this is a part of it and he further 26 explained the project. After the design is completed it will be 27 forwarded to the City Commission and SMCRA Board prior to 28 construction. 29 30 After the discussion, the motion passed by a 4 -0 vote. 31 32 Member L. Williams: yea 33 Member R. Williams: absent 34 Member Palmer: yea 35 Member Beckman: yea 36 Vice Chair Beasley: yea 37 Member Wiscombe: absent 38 Chair Feliu: absent 39 40 CRA 04 -08 -316 41 7. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY 42 REDEVELOPMENT AGENCY RELATING TO AFFORDABLE HOUSING; 43 AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO A 44 CONSTRUCTION SERVICES AGREEMENT FOR THE CONVEYANCE OF 45 SMCRA OWNED VACANT PROPERTY LOCATED AT 5895 SW 67TH 46 STREET (FOLIO #09- 4025 - 028 -0300) TO THE EDFM 47 CORPORATION TO COMPLETE CONSTRUCTION OF ONE AFFORDABLE 48 SINGLE- FAMILY HOME; AND PROVIDING AN EFFECTIVE DATE. COMMUNITY REDEVELOPMENT AGENCY 5 Minutes - March 10, 2008 1 It was moved by Member Palmer and seconded by Member Beckman 2 to approve this item. 3 4 Mr. David stated that financing can not be provided to 5 contractors unless the property is in their name. Some months 6 ago we had a developer step forward and offer to complete the 7 project and he was going to provide the funding up front. Legal 8 prepared a tight contact where he wouldn't get the, properties up 9 front, but the contract was not approved by the Board. But in 10 this case, the contractors have to go to a bank and get 11 financing. 12 13 Ms. Boutsis explained the process. She stated that it is 14 standard to transfer title to the contractor to develop for 15 affordable housing purposes. They would go out and get the 16 financing, build the property and then title is transferred to 17 the new homeowner with all of the affordable housing guidelines. 18 Because of the disaster with GMN, it took years and expenses to 19 get the title back. Originally the Board decided not to go 20 through that again and not transfer title. Then the Capo deal 21 was presented to the Board and was rejected. The RFP process 22 was used. The contractor selected needed financing to complete 23 the process. A contract was drafted for both properties that 24 states: 25 • sale price is $140,000 26 • the two homes are first priority for the Brown & Goodman 27 families, then if they don't qualify, then it is to be 28 sold to a US HUD affordable housing guideline purchaser 29 and meet SMCRA guidelines 30 • a deed restriction that the property can only be 31 transferred to another purchaser who meet the affordable 32 housing guidelines 33 • The only lien that can go on the property is for the 34 mortgage for the sake of financing construction. 35 36 Also in the contract, a performance bond for insurance 37 purposes to make sure the contractor has adequate insurance. On 38 top of that we have the agreement, the deed with the reverter 39 provision and fifteen year restriction. 40 41 Member Beckman asked if the deed restrictions and the 42 performance bond. fully protects us after we transfer the 43 property. 44 45 Ms. Boutsis answered this is the best protection to have 46 because of the way the market system works. 47 48 After the discussion, the motion passed by a 4 -0 vote. COMMUNITY REDEVELOPMENT AGENCY 6 Minutes - March 10, 2008 1 2 Member L. Williams: yea 3 Member R. Williams: absent 4 Member Palmer: yea 5 Member Beckman: yea 6 Vice Chair Beasley: yea 7 Member Wiscombe: absent 8 Chair Feliu: absent 9 10 CRA 05 -06 -317 11 8. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY 12 REDEVELOPMENT AGENCY RELATING TO AFFORDABLE HOUSING; 13 AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO A 14 CONSTRUCTION SERVICES AGREEMENT FOR THE CONVEYANCE OF 15 SMCRA OWNED VACANT. PROPERTY LOCATED AT 6400 SW 57TH 16 COURT (FOLIO #09- 4025 - 015 -0300) TO THE EDFM CORPORATION 17 TO COMPLETE CONSTRUCTION OF ONE AFFORDABLE SINGLE - 18 FAMILY HOME; AND PROVIDING AN EFFECTIVE DATE. 19 It was moved by Member Beckman and seconded by Member Palmer 20 to approve this item. 21 22 Mr. David stated this item is related to the above item, it 23 is for the second home. 24 25 After there was no. discussion, the motion passed by a 4 -0 26 vote. 27 28 Member L. Williams: yea 29 Member R. Williams: absent 30 Member Palmer: yea 31 Member Beckman: yea 32 Vice Chair Beasley: yea 33 Member Wiscombe: absent 34 Chair Feliu: absent 37 9. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY 38 REDEVELOPMENT AGENCY RELATING TO AFFORDABLE HOUSING 39 DEVELOPMENT; AUTHORIZING THE SMCRA DIRECTOR TO ENTER 40 INTO AGREEMENT WITH HABITAT OF HUMANITY OF GREATER 41 MIAMI INC. FOR THE CONVEYANCE OF SMCRA OWNED PROPERTY 42 LOCATED AT 6065 SW 64TH TERRACE (FOLIO #09- 4025 -000- 43 0730) TO HABITAT OF HUMANITY OF GREATER MIAMI INC. TO 44 CONSTRUCT ONE AFFORDABLE, SINGLE- FAMILY HOME; AND 45 PROVIDING AN EFFECTIVE DATE. 46 It was moved by Member Beckman and seconded by Member 47 Palmer to approve this item. 48 49 Mr. David mentioned that Member Wiscombe met with Habitat 50 and showed them all of the lots owned by SMCRA, approximately COMMUNITY REDEVELOPMENT AGENCY 7 Minutes - March 10, 2008 1 eight lots, a lot of them are undersized. Out of the eight 2 lots, three could be developed. Habitat expressed an interest 3 and prepared site plans for the lots to accommodate the size. 4 The resolution states the lots won't be conveyed to Habitat 5 until the Planning Department signs off. There is an exemption 6 in the code that states that these lots can be built on as long 7 as they were platted previously. 8 9 Member Beckman asked if we have a plan for the five non - 10 buildable lots. 11 12 Mr. David stated the lots were donated from the County some 13 years ago and which is just .surplus land. One is just a slither 14 of land that one developer might be looking at to make his 15 property larger. 16 17, Ms. Boutsis also mentioned there is a possibility of 18 combining two lots; we are working on clearing title on one so 19 that two can be combined. 20 21 Ms. Boutsis explained that the deed attached is a warranty 22 deed; she will be changing it to a special warranty deed; it is 23 a legal technicality. 24 25 Member Beckman asked for a report at the next meeting on 26 the five lots so the Board knows how they are situated and to 27 get an idea of what we are working with. 28 29 Member Beckman suggests deferring this item and the 30 following item to the next meeting, so staff could bring in a 31 specific building plan, so the Board could see what kind of 32 houses they are putting on the properties before we turn over 33 the lot to them. 34 35 Member Palmer stated we can trust Habitat because they 36 really deliver. We don't want to make it too difficult that it 37 holds up the process. 38 39 Member Beasley suggested we talk to Habitat about other 40 alternative building plans and he supports Habitat. 41 42 Please note that Member Rodney Williams arrived during the 43 discussion on this item. 44 45 After the discussion, it was moved by Member Beckman and 46 seconded by Vice Chair Beasley to defer this item. 47 48 The motion to defer passed by a 5 -0 vote. 49 COMMUNITY REDEVELOPMENT AGENCY 8 Minutes - March 10, 2008 1 Member L. Williams: yea 2 Member R. Williams: yea 3 Member Palmer: yea 4 Member Beckman: yea 5 Vice Chair Beasley: yea 6 Member Wiscombe: absent 7 Member Feliu: absent 8 9 10. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY 10 REDEVELOPMENT AGENCY RELATING TO AFFORDABLE HOUSING 11 DEVELOPMENT; AUTHORIZING THE SMCRA DIRECTOR TO ENTER 12 INTO AGREEMENT WITH HABITAT OF HUMANITY OF GREATER 13 MIAMI INC. FOR THE CONVEYANCE OF SMCRA OWNED PROPERTY 14 LOCATED AT 6041 SW 63RD STREET (FOLIO #09- 4025 - 010 -0850) 15 TO HABITAT OF HUMANITY OF GREATER MIAMI INC. TO 16 CONSTRUCT ONE AFFORDABLE, SINGLE- FAMILY HOME; AND 17 PROVIDING AN EFFECTIVE DATE. 18 It was moved by Member Beckman and seconded by Members 19 Williams and Palmer to approve this item. 20 21 Member Beckman suggested deferring this item until the next 22 meeting. 23 24 It was moved by Member Beckman and seconded by Member L. 25 Williams to defer this item. 26 27 The motion to defer passed by a 5 -0 vote. 28 29 Member L. Williams: yea 30 Member R. Williams: yea 31 Member Palmer: yea 32 Member Beckman: yea 33 Vice Chair Beasley: yea 34 Member Wiscombe: absent 35 Member Feliu: absent 36 37 CRA 06 -08 -318 38 11. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY 39 REDEVELOPMENT AGENCY RELATING TO AFFORDABLE HOUSING; 40 AUTHORIZING AMENDMENTS TO THE EXISTING HOMEOWNER 41 ASSISTANCE PROGRAM INCLUDING AN INCREASE IN THE AMOUNT 42 OF POTENTIAL MORTGAGE ASSISTANCE FUNDING FROM UP TO 43 $5,000 PER APPLICANT TO UP TO $25,000 PER APPLICANT; 44 AND PROVIDING AN EFFECTIVE DATE. 45 It was moved by Member Beckman and seconded by Vice Chair 46 Beasley to approve this item as amended. 47 48 Mr. David stated this is part of the process of revamping 49 some of the programs. During the July 26, 2007 Affordable COMMUNITY REDEVELOPMENT AGENCY 9 Minutes - March 10, 2008 1 Housing Committee meeting, they suggested these specific 2 recommendations. The recommendations were subsequently reported 3 back to the Board during the budget process and it was explained 4 that the increase from $5,000 to potentially $25,000 for the 5 Homeowner's Assistance Program. It is part of the budget at 6 this point, but we have to bring it before the Board to codify 7 the most substantial amendments. 8 9 Member Beckman had a problem with the first amendment, 10 (income restrictions for the program should be established at 11 1400 of the median). He stated this is a high percentage of 12 income for other people to give you money to buy your house. 13 14 Ms. Boutsis explained this number is what other grant funded 15 programs use, this is a standard number used for affordable 16 housing purposes. 17 18 Member L. Williams stated the purpose of programs is designed 19 to help families; you are always going to have disparities in 20 income levels, this is a fair number. 21 22 Member R. Williams stated we are addressing an issue that has 23 already been addressed and approved at the federal, state and 24 local level; changing the percentage should not be addressed at 25 this level. 26 27 Member Beckman asked that the attorney to draft a resolution 28 for the next meeting to abolish this entire program. 29 30 Member R. Williams asked about Section C of the Affordable 31 Housing minutes, regarding the possibility of UM students 32 developing housing plans for the undersized lots. 33 34 Staff explained that maybe some UM architecture students can 35 designed plans for the lots as a class project. 36 37 Member R. Williams suggested it should be longer than three 38 years the homeowner is required to reside in the home. 39 40 Member L. Williams asked about reducing the purchase price 41 and eliminating the application fee. She feels the amount 42 should not be reduced or eliminated. 43 44 Mr. David said these suggestions came strictly from the 45 Affordable Housing Committee. 46 47 Member L. Williams also stated the role model program should 48 be expanded. 49 COMMUNITY REDEVELOPMENT AGENCY 10 Minutes - March 10, 2008 1 Member Palmer sits on the Affordable Housing Committee as a 2 non - voting member; regarding the $25.00 fee, she stated because 3 of the availability of housing, we can collect a lot of fees and 4 not deliver anything. She mentioned the Committee looked at 5 guidelines the government has established and this proposal is 6 standard. This process is about helping people get.into homes. 7 We should encourage everyone to own their own homes. 8 9 Member Beckman made a motion to amend the 140% median 10 household income to 100%. Motion died for lack of second. 11 12 Member Beckman made a motion to leave the purchase price at 13 $1,000. The motion was seconded by L. Williams. The motion 14 passed by a 3 -2 vote. 15 Member L. Williams: yea 16 Member R. Williams: no 17 Member Palmer: no 18 Vice Chair Beasley: yea 19 Member Beckman: yea 20 21 Member Beckman made a motion to not eliminate the $25.00 22 application fee. The motion was seconded by L. Williams. The 23 motion passed by a 3 -2 vote. 24 25 Member L. Williams: yea 26 Member R. Williams: no 27 Member Palmer: no 28 Vice Chair Beasley: yea 29 Member Beckman: yea 30 31 Member R. Williams made a motion to amend on page four 32 Section A. to add the following: 33 34 4. Non - Resident - working in South Miami 35 5. Non - Resident. 36 The motion was seconded by Member Palmer. The motion passed 37 by a 5 -0 vote. 38 Member L. Williams: yea 39 Member R. Williams: yea 40 Member Palmer: yea 41 Vice Chair Beasley yea 42 Member Beckman: yea 43 44 Member R. Williams made a motion to amend page 9 "by 45 deleting three years and changing it to five years a successful 46 homeowner must reside in the home as a primary residence home 47 without any responsibility to repay the Agency. The motion was 48 seconded by Member Beckman. The motion passed by a 5 -0 vote. 49 COMMUNITY REDEVELOPMENT AGENCY 11 Minutes - March 10, 2008 1 Member L. Williams: yea 2 Member R. Williams: yea 3 Member Palmer: yea 4 Vice Chair Beasley yea 5 Member Beckman: yea 6 7 Member L. Williams made a motion to amend page 3 to add to 8 the role model program other professionals as approved by the 9 SMCRA Board. The motion was seconded by Member Beckman. The 10 motion passed by a 5 -0 vote. 11 12 Member L. Williams: yea 13 Member R. Williams: yea 14 Member Palmer: yea 15 Vice Chair Beasley: yea 16 Member Beckman: yea 17 18 Member Beckman made a motion to withdraw the original motion 19 to bring the item forward because Robert Rules of Order states 20 the person bringing the item forward can not vote against it. 21 The motion was seconded by Vice Chair Beasley. The motion 22 passed unanimously. 23 24 Member R. Williams made a motion to approve the resolution. 25 It was seconded by Vice Chair Beasley. 26 27 After the discussion, the motion to approve this resolution 28 as amended passed by a 4 -1 vote. 29 30 Member L. Williams: yea 31 Member R. Williams: yea 32 Member Palmer: yea 33 Member Beckman: nay 34 Vice Chair Beasley: yea 35 Member Wiscombe: absent 36 Chair Feliu: absent 37 38 CRA 07 -08 -319 39 12. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY 40 REDEVELOPMENT AGENCY RELATING TO ECONOMIC DEVELOPMENT; 41 AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO A SMALL 42 BUSINESS ASSISTANCE AGREEMENT WITH WORLD PRINTING INC. 43 IN AN AMOUNT NOT TO EXCEED $7,500 FOR MARKETING AND 44 ADVERTISING EXPENSES ASSOCIATED WITH A PROPOSED 45 BUSINESS EXPANSION; AND CHARGING THE TOTAL AMOUNT TO 46 ACCOUNT #610- 1110- 551 -6430 (BUSINESS START -UP 47 ASSISTANCE); AND PROVIDING AN EFFECTIVE DATE. 48 ,It was moved by Member Palmer and seconded by Vice Chair 49 Beasley to approve this item. COMMUNITY REDEVELOPMENT AGENCY 12 Minutes - March 10, 2008 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 Fdrof r Mr. David stated this grant is for up to the maximum amount and it is on a reimbursable basis. After little discussion, the motion passed by'a 5 -0 vote. Member L. Williams: yea Member R. Williams: yea Member Palmer: yea Member Beckman: yea Vice Chair Beasley: yea Member Wiscombe: absent Chair Feliu: absent BOARD COMMENTS Each member was affordable an opportunity to make comments. ADJOURNMENT There being no further business to come before this Body, the meeting was adjourned,at 8:38 p.m. Approved: Attest: Maria M. Menendez CPA Secretary COMMUNITY REDEVELOPMENT AGENCY 13 Minutes - March 10, 2008 Horace G. Feliu CRA Chairperson 1HOO, ZNV QRZ% ICU, Making our Neighborhood a Great Place to Live, Work and Play" To: Honorable Chair and SMCRA Board Members From: Stephen SMCRA Date: April 14, 2008 ITEM No. MONTHLY EXPENDITURE REPORTS Attached as Exhibit A is the monthly expenditure report for January 2008. 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The development of renovation plans were than subsequently started by the approved architect. The schematic floor plans which have been attached as Exhibit A were generated based on prior direction from the Board regarding the following proposed uses: 1. Community Service Providers (2) 2. Start-Up Business (5) 3. Employment Training and Placement Service 4. Parks and Recreational Multi - Purpose Space Prior to proceeding with formalized plans, the attached schematic plans are being presented for review by the Board. Attachments: Mobley Building Schematic Renovation Plans SD /MCGRUFF\PLANNING \CRA \Mobley Building Renovation Plans.doc 7 1 .�-AL AS .2 -AL AAA 2-AL ..-zo 1 b b b bb MR L b l' b ,b 1,b 1 ,b b 1 b p le L b b b 1b 1 b EXHIBIT J gZ'J W U� F 7 1 M W i 1 Wax h N Q � Qa � a �2 W I U N F� a°> O J } ip W y V1 J U Q Z I Q JC-AL A H Gpa OJD 7 (a b b Q I 0 � : a t ' 4 4 a 0 Z 3 h H F � h 0 � N h h JNFL ZO b O = N fn LL L W G' W U , Z U b U- LL m k to Z r W z a 888h b O O F (,i } X -A L- 7 .�-AL AS .2 -AL AAA 2-AL ..-zo 1 b b b bb MR L b l' b ,b 1,b 1 ,b b 1 b p le L b b b 1b 1 b EXHIBIT J 2001 Making our Neighborhood a Great Place to live, Work and Play' To: Honorable Chair and SMCRA Board Members From: Stephen SMCRA Date: April 14, 2008 ITEM No. Dc PROPERTYIMPROVEMENT INITIATIVE Based on a previous request from the Board, staff provided community outreach to several property owners to encourage use of SMCRA housing rehabilitation programs. As a result of this initiative staff's findings were provided during the last meeting. The findings indicated that several of the properties were actually rentals which are not eligible for SMCRA funding assistance. Five of the remaining property owners have indicated a desire to sell their properties. Each of the five properties is also adjacently located next to the proposed Madison Square Development Site (See Exhibit A). As requested by the Board, copies of the Miami -Dade County tax assessments and photographs of the five properties have been provided as Exhibits B through F. At the. direction of the Board, two appraisals shall be obtained for each of the selected property. Attachments: Property Tax Assessments and Photographs SD /MCGRUFF \PLANNING \CRA \Property Improvement Initiative.doc i 3 Q U Eq G a� a. 0 N � � 4 Y �F 0 U 0 0 EXHIBIT A Co L ai c Q. 0 C 0 0- M O •,o N °oll 0 © 0 t�dOOO OS O 0� MUMU 0 , © ono D ©�� ID ■�� `�� d �G9tl 09h�E1r�61 �� ■ ■� ©a Y pp yin o EN 0 9 d r z d d n� 5909 SW 64th Street (6,300 Square Feet) v t' W 1 W Miami -Dade My Home My Home Show Me: Property Information Search By: Select Item Text only Property Appraiser Tax Estimator Summary Details: o No.: 09- 4025- 034 -0220 ert 909 SW 64 ST ling r BELKYS M MERCADO ress: DUPLEX Beds /Baths: 140 SW 62 PL MIAMI FL Floors: 33143 -2128 Pronertv Information: Primary Zone: 0800 SINGLE FAMILY Sale Date: RESIDENCE CLUC: 0002 MULTIFAMILY - B ilding Value: DUPLEX Beds /Baths: 2/2 Floors: 1 Living Units: 2 d' Sq Footage: 1,206 Lot Size: 6,300 SQ FT Year Built: 1947 $185,9241 25 54 40.15 AC Legal STORMPROOF SUB PB Description: 7-12 LOT 7 BILK 3 LOT SIZE 60.000 X 105 OR 1001 -2535 01/20031 Sale Information: Sale O /R: 1001 -2535 Sale Date: 1/2003 Sale Amount: 1$122,000 Assessment Information: Year: 2007 1 2006 Land Value: $108,609 $94,569 B ilding Value: $97,686 $91,355 Market Value: $206,295 $185,924 Assessed Value: $206,295 $185,924 Total Exemptions: $0 $0 [Taxable Value: $206,295 $185,9241 Additional Information: Click here to see more information for this property; Community Development District Community Redevelopment Area Empowerment Zone Enterprise Zone Land Use Urban Development Boundary Zonino Page 1 of 2 Lill- { 1" t6m 51M 62ND TER �' r I S w 63Rn ST s, 4C N��,* M■r"` SW 63RD 5T _ ARDEERD 04RDEE_OR 6410 57 ( chi ,r. �. Digital Orthophotography - 2007 0 . 110 ft We appreciate your feedback, please take a minute to complete our survey. My Home I Property Information I Property Taxes My Neighborhood I Property Appraiser Home I Using Our Site I About Phone Directory I Privacy I Disclaimer If you experience technical difficulties with the Property Information application, please click here to let us know. E -mail your comments, questions and suggestions to Webmaster I Leg( I� P B P j-* S iW H M D C (1 w ,. S http: / /gisims2 .miamidade.gov /myhome /propmap -asp 4/9/08 NFW' A• Miami -Dade My Home My Home WfiMW5ZNQW Show Me: Property Information Zj Search By: Select Item Text only Property Appraiser Tax Estimator Aiimmary nptails. Folio No.: 09- 4025 - 010 -0060 Property: 457 SW 60 AVE Mailing WILLIAM MILLER & Address: GENEVA MILLER Beds /Baths: 457 SW 60 AVE MIAMI FL Floors: 33143 -3401 Pronertv Information: Sale Information: Sale O /R: D t • /1995 Page 1 of 2 MI L , ;' 0 X . *" SyN 63RD 3. TM 41 SW Illy ,r` f ��e-' 4 .,.rim" r 1✓ 'wT. 'i: �.. I RD . HARIIEE OR •— _ SW 64TH ST, 41AROEE OR HARO yr' rc w Pr ;ll ' y . aic�= • - : - sw 6/TH TER y _Il. � ir.�e>6�>Y�9,1 m' 1, W�m ^ fW 66TH ST' Adwo .i ®. Digital Orthophotography - 2007 0 — 112 ft - I We appreciate your feedback, please take a minute to complete our survey. Sale a e. Sale Amount: [so My Home I Property Information I Property Taxes Assessment Information: I My Neighborhood I Property Appraiser Year: 100 RESTRICTED Primary Zone: P COMMERCIAL $146,875 0001 RESIDENTIAL - CLUC: 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 LOT 5 LESS W2.5FT Legal BILK 1 LOT SIZE 5875 Description: SQ FT FILE #93 -1422 PROBATE Sale Information: Sale O /R: D t • /1995 Page 1 of 2 MI L , ;' 0 X . *" SyN 63RD 3. TM 41 SW Illy ,r` f ��e-' 4 .,.rim" r 1✓ 'wT. 'i: �.. I RD . HARIIEE OR •— _ SW 64TH ST, 41AROEE OR HARO yr' rc w Pr ;ll ' y . aic�= • - : - sw 6/TH TER y _Il. � ir.�e>6�>Y�9,1 m' 1, W�m ^ fW 66TH ST' Adwo .i ®. Digital Orthophotography - 2007 0 — 112 ft - I We appreciate your feedback, please take a minute to complete our survey. Sale a e. Sale Amount: [so My Home I Property Information I Property Taxes Assessment Information: I My Neighborhood I Property Appraiser Year: 2007 1 2006 Land Value: $146,875 Building Value: $1,000 Market Value: $147,875 Assessed Value: $147,875 N -Total Exemptions: $0 [Taxable Value: $147,875 Home I Using Our Site I About I Phone Directory Privacy Disclaimer If you experience technical difficulties with the Property Information application, Additional Information: please click here to let us know. Click here to see more information for this property: Community Development District E -mail your comments, questions and suggestions to Webmaster Community Redevelopment Area Empowerment Zone Enterprise Zone Land Use Urban Development Boundary Legi � P 00e S os-o P S UM ■ r k http: / /gisims2. miamidade .gov /myhome /propmap.asp 4/9/08 Vacant 5875 Square Feet Property - SW 60th Aver ue Miami -Dade My Home My Home mtamidade.,g�,ovr Property Information Search By: Select Item Text only Property Appraiser Tax Estimator Summary Details: Folio No.: 09 -4025- 010 -0070 Property: 0081 VACANT LAND Mailing FREDERICK D & Address: LAWRENCE KENNEDY JR Livin Units: 1641 NW 26 TERR FT d' Sq Footage: LAUDERDALE FL Lot Size: 33311- Prnnerty Information: Primary Zone: 100 RESTRICTED COMMERCIAL CLUC: 0081 VACANT LAND Beds /Baths: 0/0 Floors: 0 Livin Units: 0 d' Sq Footage: 0 Lot Size: 5,875 SO FT Year Built: 0 Legal Description: FRANKLIN SUB PB 5 -34 LOT 6 LESS W2.5FT BLK 1 LOT SIZE 5875 SO FT OR 20148 -3693- 3700 11/2001 4 3 Sale Information: Sale O /R: Sale Date: 11/2001 Sale Amount 0 My Home I Property Information I Property Taxes Assessment Information: I My Neighborhood I Property Appraiser E FT, E i TOOL US Page 1 of 2 MLA'.� "1, MIA Digital Orthophotography - 2007 0 - 112 ft We appreciate your feedback, please take a minute to complete our survey. Year: 2007 2006 Land Value: $146,875 $82,250 Building Value: $0 $0 Market Value: $146,875 $82,250 Assessed Value: $146,875 $82,250 Total Exemptions: $0 $0 axable Value: $146,875 $82,250 Home I Using Our Site I About I Phone Directory I Privacy I Disclaimer If you experience technical difficulties with the Property Information application, Additional Information: please click here to let us know. Click here to see more information for this Community Development District E -mail your comments, questions and suggestions to Webmaster Community Redevelopment Area Empowerment Zone Enterprise Zone Land Use Urban Development Boundary Legl P 01NO, B oft" P 4P.0 S ON* H W r http: / /gisims2. miamidade .gov /myhome /propmap.asp 4/9/08 6487 SW 60th Avenue (6,180 Square Feet) V m Miami -Dade My Home My Home a o g a o Show Me: Property Information Search By: Select Item Text only Property Appraiser Tax Estimator Summary Details: Folio No.: 9- 4025 -010 -0080 Property: 487 SW 60 AVE El Mailing FREDERICK D & Address: LAWRENCE KENNEDY JR Beds /Baths: 1641 NW 26 TERR FT Floors: LAUDERDALE FL Living Units: 33311- Prnna_rty Infnrmation_ _<S N 63RD TERM" HIIROEE DR = SW 64TH 5T HARDEE OR .--'.H RO r ffi ...� -_,. - SW 6#TH TER a � •'1f ,.yy.:`; .: �, q 0 < "SW .66TH ST I ILA Ni "+ V tip a 7f v 7 , Syr 66TH TER_. +� 4 r � Page 1 of 2 I NMI Digital Orthophotography - 2007 0 � 112 ft - We appreciate your feedback, please take a minute to complete our survey. Sale Information: My Home I Property Information I Property Taxes Sale O /R: I My Neighborhood I Property Appraiser Sale Date: 111/2001 Sale Amount: 0 Home I Using Our Site I About I Phone Directory I Privacy I Disclaimer Assessment Information: Year: 100 RESTRICTED Primary Zone: COMMERCIAL CLUC: 0002 MULTIFAMILY - Building Value: DUPLEX Beds /Baths: /2 Floors: 1 Living Units: $202,860 d' Sq Footage: 1,040 Lot Size: 6,180 SQ FT Year Built: 1934 131,760 FRANKLIN SUB PB 5 -34 LOT 7 LESS W2.5FT BILK 1 & 4FT ALLEY LYG Legal S & ADJ CLOSED PER Description: R -92 -1517 LOT SIZE 180 SQ FT OR 20148- 3693- 370011/2001 4 3 _<S N 63RD TERM" HIIROEE DR = SW 64TH 5T HARDEE OR .--'.H RO r ffi ...� -_,. - SW 6#TH TER a � •'1f ,.yy.:`; .: �, q 0 < "SW .66TH ST I ILA Ni "+ V tip a 7f v 7 , Syr 66TH TER_. +� 4 r � Page 1 of 2 I NMI Digital Orthophotography - 2007 0 � 112 ft - We appreciate your feedback, please take a minute to complete our survey. Sale Information: My Home I Property Information I Property Taxes Sale O /R: I My Neighborhood I Property Appraiser Sale Date: 111/2001 Sale Amount: 0 Home I Using Our Site I About I Phone Directory I Privacy I Disclaimer Assessment Information: Year: 2007 2006 Land Value: $154,500 $86,520 Building Value: $48,360 $45,240 Market Value: $202,860 F1 31,760 Assessed Value: $202,860 $131,760 -Total Exemptions: $0 $0 [Taxable Value: $202,860 131,760 If you experience technical difficulties with the Property Information application, please click here to let us know. Additional Information: E -mail your comments, questions and suggestions to Webmaster Click here to see more information for this property: Community Development District Community Redevelopment Area Empowerment Zone Legl P 4r-o B d� P /a! S Ole H M D C gpMri http: / /gisims2. miamidade .gov /myhome /propmap.asp 4/9/08 Vacant Property 35,512 Square Feet) - SW 60th Avenue JUL 0. 2 W Miami -Dade My Home My Home Show Me: Property Information Search By: Select Item Text only Property Appraiser Tax Estimator Summary Details: Folio No.: 109 4025- 000 -0850 Property: 488 SW 60 AVE Mailing NAOMI WILLIAMSON & Address: ETALS & Beds /Baths: FREDERICK & LAWRENCE Floors: KENNEDY Living Units: 819 SW 62 TERR MIAMI FL d' Sq Footage:. 33143 -2341 Prooertv Information: Primary Zone: 0100 SINGLE FAMILY 006 RESIDENCE CLUC: 0001 RESIDENTIAL - Building Value: SINGLE FAMILY Beds /Baths: 1/1 Floors: 1 Living Units: 1 d' Sq Footage:. 832 Lot Size: 35,512 SQ FT Year Built: 1935 94,924 5 54 40.815 AC M/L S444FT OF E1 /2 OF NW1 /4 OF NW1 /4 OF Legal SE1 /4 LESS W100FT & Description: LESS S80FT OF N296FT F E50FT OF W150FT F E1/2 OF NW1 /4 OF NW1 /4 OF SE1 /4 & LESS BEG 10OFTE OF Page 1 of 2 r n Sw BaRO TER Ic ' • HAROEE RO " HARDEE ` �,- �- OR -e nit Digital Orthophotography - 2007 i y�y x� I'. Allid SW 66TH 5T '� Sw 66TH TER Ir 0 - 124 ft % We appreciate your feedback, please take a minute to complete our survey. My Home I Property Information I Property Taxes My Neighborhood I Property Appraiser Sale Information: Sale O /R: Home I Using Our Site I About I Phone Directory I Privacy I Disclaimer Sale Date: 11/2001 Sale Amount: 0 LL Assessment Information: Year: 006 Land Value: 32,680 Building Value: 2,244 Market Value: MI 94,924 Assessed Value: 94,924 Total Exemptions: $0 [Taxable Value: 94,924 Additional Information: Click here to see more information for this orooerty: I If you experience technical difficulties with the Property Information application, please click here to let us know. E -mail your comments, questions and suggestions to Webmaster Legi 4W P S a P ,e�e H M C http: / /gisims2. miamidade .gov /myhome /propmap.asp 4/9/08 <J UUll� Lrl_v , 300! Making our Neighborhood a Great Place to Live, Work and Play' To: Honorable Chair and SMCRA Board Meml From: Stephen D SMCRA I Date: April 14, 2008 ITEM No. AFFORDABLE HOUSING CONSTRUCTION STATUS On January 28, 2008 staff received confirmation that all remaining property liens assessed against the formally owned Greater Miami Neighborhood'$ lots were officially released. Both lots were. subsequently re- convened to the SMCRA because of a non - performing developer. The Department of Environmental Resources Management (DURM) has now reissued DURM permits for both homes. The resubmitted building plans are currently awaiting the re- issuance building permits from the South Miami Building Department. Based on prior direction from the Board, the home prices established at the beginning of the project shall be maintained. The approved contractor subsequently agreed to construct the homes for $140,000 per home. In order to maintain the above referenced home prices, staff has determined that it would be necessary to waive the existing requirement for a performance bond. As indicated in Exhibits A and B, the cost to obtain performance bond for the two homes would be $5,221 per home. If a performance bond obtained by the contractor, the total cost of the bond would subsequently be passed on to the selected homeowners. It should be noted that there are several other existing safeguards within the approved agreement and warranty deed. These safeguards include a provision requiring the contractor to complete the homes within six months from the issuance of building permits. If this provision is not satisfied, the contractor shall be required to re- convey the property to the SMCRA. Also as part of the approved agreement, the contractor is also obligated to immediately convey the finished homes to the proposed homeowners. The contractor is further required to provide proof of and maintain adequate insurance for a sum not less than the full replacement value of the homes. Attachments: Performance Bond Costs For 5895 SW 67" Street Performance Bond Costs For 6400 SW 57`h Court SD /MCGRUFF\PLANNING \CRA \Affordable Housing Construction Status.doc Service Ace Corporation d/b /a Latimer Insurance Agency 17121 NE 6th Avenue North Miami Beach, FL 33162 -2005 EXHIBIT A Invoice Date Invoice # 04/03/2008 804032 Description Amount 1) Performance Bond Premium - $140,000 x 3 %; Project: 5895 SW 67th Street 4,200.00 Obligee: South Miami CRA; Surety: American Contractors; Contractor: EDFM Corporation 2) 1% State Premium Tax for Florida Hurricane Catastrophe Fund 42.00 MAKE CHECK TO: Latimer Insurance Agency: $4,242.00 Total $4,242.00 Service Ace Corporation d/b /a Latimer Insurance Agency 17121 NE 6th Avenue North Miami Beach, FL 33162 -2005 Bill To Invoice Date Invoice # 04/03/2008 804032 -A Description Amount SBA Guarantee Fee: $140,000 x 0.729% ; Project: 5895 SW 67th Street 1,021.00 Contractor: EDFM Corporation MAKE CHECK PAYABLE TO: SMALL BUSINESS ADMINISTRATION: $1,021.00 1 otal $1,021.00 Service Ace Corporation d/b /a Latimer Insurance Agency 17121 NE 6th Avenue North Miami Beach, FL 33162 -2005 i EXHIBIT B Invoice Date Invoice # 04/03/2008 804031 a Description Amount 1) Performance Bond Premium - $140,000 x 3 %; Project: 6400 SW 57th Court 4,200.00 Obligee: South Miami CRA: Surety: American Contractors; Contractor: EDFM Corporation 2) 1% State Premium Tax for Florida Hurricane Catastrophe Fund 42.00 MAKE CHECK PAYABLE TO: Latimer Insurance Agency: $4,242.00 Total $4,242.00 Service Ace Corporation d/b /a Latimer Insurance Agency 17121 NE 6th Avenue North Miami Beach, FL 33162 -2005 If Bill To Invoice Date Invoice # 04/03/2008 804031 -A Description Amount SBA Guarantee Fee: $140,000 x 0.729 %; Project: 6400 SW 57th Court 1,021.00 Contractor: EDFM Corporation MAKE CHECK PAYABLE TO: SMALL BUSINESS ADMINISTRATION: $1,021.00 Total $1,021.00 2001 `Making our Neighborhood a Great Place to Live, Work and Play- To: Honorable Chair and SMCRA Board Members From: Stel SM Date: April 14, 2008 ITEM No..Q `C HOMEOWNERS ASSISTANCE BROCHURE During the March 10, 2008 Meeting, the Board requested additional advertising and marketing for the SMCRA Homeowner Assistance Program. Attached as Exhibit A is an in -house draft brochure that includes revisions recommended by the Board during the last meeting. A finalized version of the brochure may be mailed to potential applicants and also advertised on the City's web page. Attachments. Draft Homeowner Assistance Program Brochure SD /MCGRUFF \PLANNING \CRA \Property Improvement Initiative.doc m 1 o W 0 N O A.. co n K G ro 0 w 'V 'T7 n w 0 h Cn C/) A•• rn' r'r' n Ar 0 '� w �'.. �'�? O n x. n n Ar O ,:7 cr rt �J- "d 0 "� O phi C r" (n0 y CL OQ f rt Oi O 'Tf O • ry OQ (� �j p' A' N' 't7 CrnG n O O 0 A cno n 1�! p, 0 0 n n p �y 00 n 0 O �* -L O �' a UO O G N c0 Q' R. p OO ap o' co rr O n n 0 CO C w p. m p rn •Bl w v, LL. 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O .o '- ro C O n o cr- N o m A OoQ °, `� K o o r`7• p vw c w w co to 'K.� CL OQ r A- O Or O �'' cO O r � r z --------- ro A r' „fOt (0 n w w � N A > �jj' HY, H A �Ur+ A w M- 112 a w f0 A O' a�"i 000 ri y O ^ K Q' fo � O r O c co O CJd V m r, id to � 0 n w o y ro Oo a. f D w a, w � •ro o ,b aQ m 0, p w 0 w m b n w � a N x O O M OQ O d0 n r+ fp N p O y � n n ¢ ww rt p O o n rGj � f0 Ov 0 p O N z O P� .a w' `i N O C r1- O H -01111 OnKrH1 2001 Making our Neighborhood a Great Place to Live, Work and Play" To: Honorable Chair and SMCRA Board Members From: , Stephen David, SMCRA Directo RESOLUTION Date: April 14, 2008 ITEM No. PAYMENT OF A TTORNE Y FEES FOR NA GIN GALLOP A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO ATTORNEY FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A., FOR INVOICE DATED MARCH 28, 2008 IN THE TOTAL AMOUNT OF $4,128.40; 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 invoice dated March 28, 2008 (Exhibit A) for general corporate matters. Invoice Date Amount March 28, 2008 $4,128.40 Total amount of all invoices: $4,128.40 Charge Account No. 61.0 -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 $4,128.40 to Nagin Gallop Figueredo, P.A., charging the amount to Account No. 610- 1110 -564- 31 -20, General Corporate Account. ttachments: Resolution Nagin Gallop Figueredo Invoices SD: \CRA \Nagin Gallop Payment Report.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 3334 34 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO ATTORNEY FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A., FOR INVOICE DATED MARCH 28, 2008 IN THE TOTAL AMOUNT OF $4,128.40; AND CHARGING THE AMOUNT TO ACCOUNT NO. 610- 1110 - 564 -31- 20 (GENERAL CORPORATE ACCOUNT); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Nagin Gallop Figueredo, P.A., has submitted invoices for legal services rendered, costs advanced, for 0076 -001, general corporate legal matters for the period ending March 28, 2008 in the total amount of $4,128.40; and 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 total amount of $4,128.40 to Nagin Gallop Figueredo, P.A., for attorney fees for general corporate legal matters and charging the total amount to Account No. 610 -1110- 564 -31 -20 (General Corporate Account). Section 2. Following funding disbursement, the remaining balance in Account No. 610- 1110 - 564 -31 -20 (General Corporate Account) shall be $39,028.51. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of April, 2008. ATTEST: City of South Miami Community Redevelopment Agency Clerk READ AND APPROVED AS TO FORM: Eve A. Boutsis, General Counsel APPROVED: Chairperson Horace Feliu Board Vote: Chairperson Feliu: Vice Chairperson: Beasley Board Member Wiscombe: Board Member Palmer: Board Member Beckman: Board Member R. Williams: Board Member L. Williams: Telephone: (305) 854 -5353 NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 18001 Old Cutler Road — Suite 556 Miami, Florida 33157 -6416 March 26, 2008 Stephen David City of South Miami Community Redevelopment Agency 6130 Sunset Drive South Miami, Florida 3313 EXHIBIT A Facsimile: (305) 854 -5351 Re: South Miami Community Redevelopment Agency Statements Matter ID: 0076 -001 Dear Stephen: I enclose our firm's invoice dated March 25, 2008, for the South Miami CRA matters referenced above. I also attach the resolution approving same. If you have any questions, please do not hesitate to contact me. Thank you. V gry truly yours, Eve A. Boutsis General Counsel for the EAB/lc South Miami Community Redevelopment Agency m Enclosure CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 18001 Old Cutler Road, Suite 556, Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Stephen David March 25, 2008 City of South Miami Matter ID: 0076 -001 6130 Sunset Drive CRA - General Corporate City of South Miami, FL 33143 Invoice Number 19524 3/10/2008 EAB Prepared for and attended CRA meeting. 3.50 647.50 3/17/2008 EAB Communications with Mr. David; drafted resolution requested by Bd 0.40 74.00 member Jay Beckman relating to dissolution of Homeowner's 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. Hours Amount 2/26/2008 EAB Telephone conference with Mr. Stephen David, received 4.00 740.00 assignments; telephone conference with Mr. George Lott; meeting with Vice Chair Brian Beasley to go over CRA plans and policies; and follow up on Harrell property. 2/27/2008 EAB Telephone conference with Mr. David; telephone conference with 0.40 74.00 Mr. Chris Zefaleatta; telephone conference with Mr.. David; and received assignments. 2/28/2008 EAB Began drafting Habitat agreement; telephone conference with Mr. 2.00 370.00 Zefaleatta regarding EDFM agreement; communications with Ms. Anne Manning; telephone conference with Mr. David. 2/29/2008 EAB Attention to contracts with Habitat and other contractor; telephone 2.00 370.00 conference with Ms. Manning; telephone conference with Comm'r Randy Wiscombe; and began drafting same. 3/4/2008 EAB Attention to pending items; and communications with Mr. David. 0.60 111.00 3/5/2008 EAB Drafted deeds, performance bonds, agreements for Habitat; 5.00 925.00 telephone conference with Mr. David; communications with Ms. Manning; drafted EDFM construction Corp. agreement, warranty deeds and performance bonds; telephone conference with Mr. Fernando Rodriguez regarding same; telephone conference with Mr. David; follow up with Ms. Manning regarding same; and follow �, to deodC ;nlar t, c''��ds and tltlo insur=�-c up e. x ��ra::_} �. C ... e. 3/6/2008 EAB Communications with Mr. Rodriguez; revised and finalized EDFM 2.00 370.00 agreements, performance bonds and warranty deeds; same for Habitat agreements; and telephone conference with Mr. David regarding same. 3/6/2008 SS Worked on edits and formatting of Habitat for Humanity agreement 1.30 78.00 and related exhibits concerning 6065 SW 64 Terrace and 6041 SW 63 Street properties. 3/10/2008 EAB Prepared for and attended CRA meeting. 3.50 647.50 3/17/2008 EAB Communications with Mr. David; drafted resolution requested by Bd 0.40 74.00 member Jay Beckman relating to dissolution of Homeowner's 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. Nagin Gallop Figueredo, P.A. Matter ID: 0076 -001 Statement No. 19524 Page: 2 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Assistance Program. 3/24/2008 EAB Drafted resolution and cover memorandum relating to Harrell /Byron; 0.90 166.50 and communications with Mr. David regarding upcoming agenda items. Total Due 7,34.77 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. Total Professional Services 3,926.00 Rate Summary Eve A. Boutsis 20.80 hours at $185.00/hr 3,848.00 Susan Snavely 1.30 hours at $ 60.00 /hr 78.00 Total hours: 22.10 3,926.00 Disbursements 2/12/2008 Mileage - City Hall 8.64 2/20/20b8 Mileage - Recording Department 7.20 2/29/2008 Database Legal research 68.78 3/25/2008 Disbursements incurred - 3.0% 117.78 For Professional Services 3,926.00 For Disbursements Incurred 202.40 Current Balance: 4,128.40 Previous Balance: 3,212.37 Payments - Thank you 0.00 Total Due 7,34.77 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. 2005 M -7kL. g our Nei�hboncaror` -7 rt piacc Pre Cites K"ark Ctrx411k7y" To: Honorable Chair and Date: April 14, 2008 SMCRA Board From: Stephen Da d ITEM No. 57 SMCRA T rect PROPERTY CONVEYANCE 6065 SW 64 TH TERRACE TO HABITAT OF HUMANITY A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO AFFORDABLE HOUSING DEVELOPMENT; AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO AN AGREEMENT WITH HABITAT FOR HUMANITY OF GREATER MIAMI INC. FOR THE CONVEYANCE OF ONE SMCRA OWNED PROPERTY LOCATED AT 6065 SW 64TH TERRACE (FOLIO #09- 4025- 000 -0730) TO HABITAT OF HUMANITY OF GREATER MIAMI INC. TO CONSTRUCT ONE AFFORDABLY PRICED SINGLE - FAMILY HOME; AND PROVIDING AN EFFECTIVE DATE BACKGROUND As part of an established working agreement, the SMCRA has previously conveyed vacant residential properties to Habitat for Humanity for the purpose of constructing affordable single - family housing. The SMCRA has most recently conveyed two residential properties located at 6350 SW 60th Avenue and 6016 SW 63`d Street for the purpose of constructing affordable housing. As indicated in the attached photos, a grand opening for the two homes was held on December 13, 2008 (See Exhibit A). In an effort to provide additional affordable housing opportunities in the SMCRA Community, the Agency seeks to convey SMCRA owned property. located at 6065 SW 64th Terrace, Folio No. 09- 4025- 000 -0730 to Habitat for Humanity for the purpose of constructing one affordable single - family home. The above referenced lot. is currently undersized according to the RS -4 zoning requirements. However based on an exemption of the Code provided in Section 20 -4.8, D1, development of the property is permitted provided that other limitations of the Code have been satisfied (See Exhibit B). Habitat for Humanity has recently expressed an interest in developing the above referenced vacant property. Habitat for Humanity has also offered to_design a specific building footprint which shall satisfy all existing requirements. As requested by the Board during the previous meeting, a building site plan and an official survey of the property have been provided as Exhibit C. Approval of the attached resolution shall authorize the SMCRA Director to enter into agreement with Habitat for Humanity for the conveyance of one affordable housing lot to Habitat for Humanity for the purpose of constructing and selling one affordable, single - family home. RECOMMENDATION Staff recommends approval of the attached resolution authorizing the SMCRA Director to enter into the agreement attached as Exhibit 1 for the conveyance of one SMCRA owned vacant lot to Habitat for Humanity for the purpose of constructing and selling one affordable, single- family home. As part of the agreement, stringent deed restrictions have been required to ensure successful completion of the project. Attachments: Recent Habitat for Humanity Grand Opening Photos Property Description Code of Ordinance Exception Affordable Housing Property Conveyance Agreement SD \\MCGRUFF\.PLANNING\Property Conveyance of 6065 SW 64h Terrace .doc RESOLUTION NO. 4 A RESOLUTION OF THE CITY OF SOUTH MIAMI 5 COMMUNITY REDEVELOPMENT AGENCY RELATING TO 6 AFFORDABLE HOUSING DEVELOPMENT; AUTHORIZING 7 THE SMCRA DIRECTOR TO ENTER INTO AGREEMENT 8 WITH HABITAT OF HUMANITY FOR GREATER MIAMI INC. 9 FOR THE CONVEYANCE OF SMCRA OWNED PROPERTY 10 LOCATED AT 6065 SW 64TH TERRACE (FOLIO #09- 4025 -000- 11 0730) TO HABITAT OF HUMANITY OF GREATER MIAMI 12 INC. TO CONSTRUCT ONE AFFORDABLE, SINGLE - FAMILY 1443 HOME; AND PROVIDING AN EFFECTIVE DATE �5 16 WHEREAS, as part of an established working agreement, the SMCRA has 17 in the past conveyed vacant residential vacant properties to Habitat for Humanity 18 for the purpose of constructing affordable single - family housing; and 19 20 WHEREAS, Habitat for Humanity has an more than satisfactory track 21 record of constructing single - family homes on properties conveyed by the 22 SMCRA; and 23 24 WHEREAS, Habitat for Humanity has expressed interest in developing 25 the above referenced vacant property and has provided a specific building plan 26 which shall satisfy all land development requirements of the Code; and 27 28 WHEREAS, in an effort to provide additional affordable housing within 29 the SMCRA Community, the Agency wishes to transfer the following vacant 30 property to Habitat for Humanity for the purpose of constructing one single - family 31 home: 32 • 6065 SW 64th Terrace, Folio No. 09- 4025- 000 -0730 33 34 35 NOW THEREFORE BE IT RESOLVED BY THE SOUTH 36 MIAMI COMMUNITY REDEVELOPMENT AGENCY; 37 38 Section 1. The South Miami Community Redevelopment Agency Board 39 authorizes the SMCRA Director to enter into the affordable housing development 40 agreement attached as Exhibit I and authorizes the conveyance of SMCRA 41 owned property located at 6065 SW 64th Terrace (Folio No. 09- 4025- 000 -0730) to 42 Habitat for Humanity for the purpose of constructing and selling one affordable, 43 single- family home. 44 1 2 3 4 9 7 8 11 1� 12 13 14 15 16 H 19 20 21 22 23 24 25 26 27 28 29 30 31 Section 2. The property shall be conveyed to Habitat for Humanity upon determination by the South Miami Planning Department that all applicable land development regulations have been satisfied. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of April, 2008. ATTEST: City of South Miami Community Redevelopment Agency Clerk READ AND APPROVED AS TO FORM: Eve A. Boutsis, Office of General Counsel Nagin Gallop & Figueredo, P.A. APPROVED: Chairperson Horace Feliu Board Vote: Chairperson Feliu: Vice Chairperson Beasley: Board Member Wiscombe: Board Member Palmer: Board Member Beckman: Board Member R. Williams: Board Member L. Williams: EXHIBIT A HABITAT OF HUMANITY HOUSE- OPENING CEREMONY (December 13, 2007) . -fill - Me son y ��PO "stHralth South FIoN� '►Habitat foryUmanity i r - illllu '�?I! F1=FY "�.5 Pun�ilr liunw v TRANSAT/ AN r fc saner ��•,,,..�••°"• ;j(y Hahttat for Humanity <Pth City of South Miami Community Redevelopment Agency Conveyed Properties (63 50 SW 601h Avenue and 6016 SW 63 rd Street) EXHIBIT B 20 -4.8 SOUTH MIAMI LAND DEVELOPMENT CODE (D) Nonconforming Lots of Record. *1) In any district in which single - family dwellings are permitted, a single - family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Code, notwithstanding limitations imposed by other provisions of this Code. - (a) Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership. (b) This provisions shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than for area or width, or both, of the.lot conform to regulations for the district in which the lot is located. (2) In order to minimize the number of nonconforming lots, if two .or more adjoining vacant and platted lots and/or parcels with continuous frontage on a public street in continuous ownership since the time of passage of thisrCode, and if either or any of such lots or parcels individually is /are too small in any dimension to meet the yard, width and lot area requirements of the district in which they are located, then such group of lots and/or parcels shall be considered as a single lot or several lots of such size as is necessary to met the minimum dimensional requirements of the district. (a) No portion of said parcel shall be used or sold in 'a manner which diminishes compliance with lot width and area requirements established by this Code. (b) No division of any parcel shall be made which creates a lot with width or area below the requirements of this Code. (3) If any person shall have at any time after passage of this Code created a lot or parcel which fails to conform with the dimensional requirements of the district in which it is located by selling part of a lot, such sale shall have no effect for purposes of this Code and the lots and/or parcels shall still be considered as part of one (1) or more lots. (E) Nonconforming Use of Land. (1) Where at the time of passage of this Code, lawful use of land exists which would not be permitted by regulations imposed by this Code, the use may be continued so long as it remains otherwise lawful, subject to conditions provided' herein. 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FOR THE PROPERTY CONVEYANCE OF ONE COMMUNITY REDEVELOPMENT AGENCY OWNED HOUSING LOT FOR THE DEVELOPMENT OF ONE AFFORDABLE HOME THIS AGREEMENT ( "Agreement ") is entered into this day of March, 2008 between Habitat for Humanity of Greater Miami, Inc., a Florida not - for - profit corporation (Contractor) whose address is: P.O. Box 560994, Miami Florida and the City of South Miami Community Redevelopment Agency (Agency), whose address is 6130 Sunset Drive, South Miami, Florida 33143. WITNESSETH: WHEREAS, the Agency has allocated certain property to be provided to non - profits to construct affordable single family owner occupied new homes in the Agency's Redevelopment Area.(the Project); and WHEREAS, the Agency and Contractor have agreed to perform the Project in accordance with the Agency's specifications; and WHEREAS, it is acknowledged and agreed between the Agency and the Contractor that the property to be provided must be used for the purposes referred to in this Agreement; and WHEREAS, in connection with the performance of this Agreement, the parties have agreed to comply with all applicable provisions of Federal, State and local laws, statutes, rules and regulations as they may apply to this Agreement. NOW, THEREFORE, in consideration of the mutual promises and in consideration of $10.00 and other good and valuable consideration which are to be paid by Agency, the receipt and sufficiency of which are acknowledged, the parties agree as follows: Section 1. The following documents shall comprise the Agreement between the parties and shall constitute collectively the "Contract Documents ": a) This Agreement; b) Warranty deed found at Exhibit IA; and c) Performance Bond found at Exhibit 1B. Section 2. The Agency agrees to provide to the Contractor with title to specific land identified in the attached Exhibit 1A, provided Contractor construct and provide a single family home for an affordable housing recipient in accordance with the bylaws and requirements of Contractor's nonprofit program. The Agency shall transfer title to the lot to the Contractor in accordance with Exhibit 1A, the warranty deed. Failure of Contractor to meet the deadline set forth in this agreement and warranty deed shall provide the Agency the right to cause Contractor to reconvey the lot for the specific home under construction. Section 3. This Agreement shall terminate in one (1) year. Upon the expiration of this Agreement any land provided to Contractor that has not constructed a single - family home in compliance with Contractor's program shall be returned to the Agency so as to be made available for other Agency affordable housing projects. Contractor agrees to use best efforts to complete the Project within one (1) year of the date of this Agreement. In the event the Project is not completed within this time frame, and this Agreement is not extended accordingly, this Agreement shall terminate without any liability to the Agency. The Contractor shall re- conveyance of the property shall occur as permitted under the warranty deed and as provided for in this agreement. Additionally, the Agency may seek enforcement of the performance guaranty, which is attached as Exhibit 1B. Section 4. The Project shall be performed in accordance with the applicable codes, ordinances and statutes of the State of .Florida, the City of South Miami and Miami -Dade County. Section 5. Any amendments, alterations, or variations to this Agreement will only be valid when they have been reduced to writing and duly signed by the parties. Section 6. 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 this agreement, so that its liability never exceeds its maximum potential monetary contribution of the current tax assessor's valuation of the property. The Contractor expresses its willingness to enter into this Agreement with recovery from the Agency for any action arising out of this Agreement to be limited to the value of the property provided by the Agency, and /or the return of the property in substantially the same condition as provided to Contractor. Accordingly, the Contractor agrees that the Agency shall not be liable for any claim or damage in connection with the Project in excess of the Agency's maximum potential monetary contribution as provided under this Agreement, for any action or claim 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 on the Agency's liability as set forth in Chapter 768, Florida Statutes. Additionally, the Agency does not waive sovereign immunity, and no claim or award against the City shall include attorney's fees, investigative costs or pre judgment interest. Section 7. After any payment is made by the Agency and applied according to the requirements set forth, the Agency shall be automatically discharged from any and all obligations, liabilities and commitments to Contractor or any third person or entity provided, however, that this Section shall not excuse the continued compliance by Contractor with the terms of this Agreement and the program requirements. 2 Section 8. The Agency may withhold, in whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss on account of matters including but not limited to the following: a) Claims of lien against the Contractor regarding the Project, provided such liens are not bonded off as allowed by law. b) Failure of the Contractor to make payment(s) to subcontractors or suppliers for materials or labor regarding the Project. d) Reasonable evidence that any portion of the Project cannot be completed for the unpaid balance of the agreed compensation. d) Failure to carry out any portion of the Project in accordance with the Contract Documents. e) Failure by Contractor to complete the single family home and receive final certificates of occupancy within two years of execution of this agreement. Section 9. In the event of a termination by the Agency, the Agency shall additionally be entitled to bring any and all legal and /or equitable actions in Miami -Dade County, Florida, in order to enforce the Agency's right and remedies against the Contractor. The Agency shall be entitled to recover all costs of such actions including a reasonable attorney's fee, at trial and appellate levels, to the extent allowed by law. In the event any suit or legal proceeding is brought for the enforcement of any provision of this Agreement, the parties agree that the prevailing party or parties shall be entitled to recover from the other party or parties upon final judgment reasonable attorneys' fees, including attorneys' fees for any appeal, and costs incurred in bringing the suit or proceeding. Any action arising out of this Agreement shall be brought in Miami -Dade County, Florida, and shall be subject to Florida law. Section 10. Contractor agrees to use best efforts to complete the Project prior to the end of two calendar years. In the event the Project is not completed within this time frame, and this Agreement is not extended accordingly, this Agreement shall terminate and the property shall be returned by Contractor to Agency. Section 11. Representations and Covenants. Contractor hereby represents and warrants to the Agency the following: (i) Contractor is a corporation duly organized, validly existing and in good standing under the laws of the State of Florida. There are no proceedings or actions pending, threatened or contemplated for the liquidation, termination or dissolution of Contractor. (ii) Contractor shall apply for construction permits within 90 days from the effective date of this Agreement. 3 (iii) Contractor covenants and agrees that it shall cause the Properties to be developed in accordance with the building plans that are to comply with the City's Code and are to approved by the South Miami Building Department. (iv) Contractor shall complete construction of the home within a year of receipt of the building permits. (iv) Contractor covenants and agrees that the Property shall be sold to the affordable housing applicants and according to the guidelines established in this document. In the event an applicant no longer qualify as low income home buyers under Habitat's affordable housing program, Contractor covenants and agrees to sell the properties to other low income qualified home buyers selected by the Agency and Habitat who qualify for affordable housing loan programs and who otherwise cannot afford to rent or buy houses generally available on the open market. (v) Upon transfer of the warranty deed to Contractor, Contractor agrees that any sale of the property shall be to an affordable housing purchaser, and the purchasers shall be obligated to comply with the Agency deed restriction requiring the property to be purchased by an affordable housing purchaser, and any sale of the property over the next 15 years shall require sale to a subsequent affordable housing purchaser as defined by Habitat, U.S. HUD guidelines and the Agency guidelines. This provision shall survive termination of the agreement. Section 12. Termination Without Cause. The agency is conveying the Property to Contractor as part of the Agency's program to produce residential property within the City of South Miami Community Redevelopment Agency. As part of the consideration for transfer of the Property, Buyer has agreed to build an affordable housing (per HUD guidelines), single family residence on the Property and to obtain a certificate of occupancy ( "CO ") for the residence within two years of the effective date of this Agreement. The Contractor shall be entitled to obtain one extension of time, for a four month extension to complete construction. The request will not be unreasonably denied by the Agency. In the event the Contractor fails to construct a residence and obtain the required CO within the time required by this Agreement, the Agency shall have the right, but not the obligation, to cause Contractor to re- convey the Property to the Agency, subject to any encumbrances against the Property filed by a third -party that has provided financing in connection with the development of the Property, for an amount equal to the tax assessed value of the property. The Contractor shall re- convey the marketable title to the Property only to the exceptions contained in the title policy issued to the Contractor upon its receipt of the Property. If for any reason Contractor fails, neglects or refuses to re- convey the Property, the Agency may seek specific performance to obtain the re- conveyance of the Property. In case of the failure of Contractor to perform any of the covenants in this Agreement, at the option of the Agency, this Agreement shall be forfeited and terminated, and Contractor shall forfeit any and all claims to the Property and execute a reverter agreement, reverting title to the property to the Agency. Contractor shall have no right or claim for reimbursement for any expenditures incurred for the improvements made to the Property. All improvements made under this agreement shall be retained by the Agency in full satisfaction and liquidation of all damages sustained by the Agency, and the Agency shall have the right to reenter and take possession of the premises and seek such self -help remedies as shall place the Agency in exclusive possession of the premises to enforce the reverter clause provided for in this agreement and warranty deed. This provision shall survive the closing and transfer of title to Contractor. rd Section 13. Right to Reenter and take possession of the Properties. Agency has the right, at its election to take possession of the Property with all improvements thereon and terminate the Agreement if Contractor: (i) fails to start construction within 90 days from the date the construction permits are issued. abandons or substantially suspends construction for a period of 90 days. (iii) fails to cure a violation of the Agreement within 30 days after receipt of notice to cure from Agency (iv) fails to obtain a building permit with 90 days after the effective date of this Agreement. (v) Fails to complete construction within year of receipt of the construction permits. Section 14. Risk of Loss. Risk of loss by fire or other casualty shall be Contractor's and Contractor agrees to maintain adequate insurance for a sum not less than the full replacement value. Contractor shall not commence work under this Agreement until it has obtained and submitted proof of all insurance required by the Agency. Section 15. Force Majeure. Neither party shall hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen and prevented. For this purpose, such acts or circumstances shall include, but not be limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties shall use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. Section 16. Independent Contractor. Contractor, its employees and agents shall be deemed independent contractors and not agents or employees of Agency, and shall not attain any rights or benefits generally afforded Agency employees. Section 17. All notices, demands, correspondence and communications between the Agency and Contractor shall be deemed sufficiently given under the terms of this Agreement if dispatched by registered or certified mail, postage prepaid, return receipt requested, addressed as follows: If to the Agency: Director, Stephen David South Miami Community Redevelopment Agency 6130 Sunset Drive Miami, Florida 33143 5 If to Contractor: Habitat for Humanity of Greater Miami, Inc. P.O. Box 560994 Miami, FL 33156 Section 18. It is agreed that Contractor will require any buyer to record a purchase money mortgage and shared - appreciation mortgage loan note satisfactory to the Contractor and Agency and enforceable by the Contractor and Agency, which will require that the property with the constructed home listed on Attachment "A" is sold all such new purchasers and occupants shall satisfy the standards for ownership or occupancy adopted by the Contractor for the development of homes and by the Agency, which shall ensure that subsequent purchasers are affordable housing qualified homeowners. Section 19. The Contractor agrees to maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues acquired under this Agreement to the extent and in such detail as required by the Agency. The books and accounts, files and other records of the Contractor, which are applicable to this Agreement, shall be available for inspection, review and audit by the Agency and its representatives to determine the proper application and use of all funds paid to or for the account or the benefit of the Contractor. Section 20. Contractor shall indemnify, defend, save and hold harmless the Agency, its officers, agents and employees, from or on account of all claims, damages, losses, liabilities and expenses, direct; indirect or consequential including, but not limited to, fees and charges of purchasers, engineers, architects, attorneys, consultants and other professionals and court costs arising out of or in consequence of the performance of this Agreement at all trial and appellate levels. Indemnification shall specifically include, but not limited to, claims, damages, losses, liabilities and expenses arising out of or from (a) the negligent or defective design of the Project and work of the Contractor; (b) any negligent act or omission of the Contractor, its subcontractors, agents servants or employees, (c) any damages, liabilities, or losses received or sustained by any person or persons during or on account of any negligent operations by Contractor connected with the construction of this Project; (d) the use of any improper materials; (e) any construction defect including both patent and latent defects; (f) failure to timely complete the work; (g) the violation of any federal, state, or county or city laws, ordinances or regulations by Contractor, its subcontractors, agents, servants, independent contractors or employees; (h) the breach or alleged breach by Contractor of any term of this Agreement. Section 21. Neither party shall assign its interest in this Agreement without express written consent of the other party. Any violation of this provision shall constitute default in the Agreement. Section 22. The Contractor (or successor in interest), shall pay the real estate taxes or assessments on the property or any part thereof when due. Contractor shall not suffer any levy or attachment to be made, or any material or mechanic's lien, or any unauthorized encumbrance or lien to attach except: Con a. Any mortgage(s) in favor or any institutional lender for the purpose of financing any hard costs or soft costs relating to the construction of the Improvements in an amount(s) not to exceed the value of the Improvements as determined by an appraiser; and b. Any mortgage(s) in favor of any institutional lender refinancing any mortgage of the character described in clause (a) hereof, in an amount(s) not to exceed the value of the Improvements as determined by an appraiser; and C. The recordation, together with any mortgage purporting to meet the requirements of clauses (a) or (b) above, of a statement of value by a Member of American Institute of Real Estate Appraisers ( "MAI "), (or member of any similar or successor organization), stating the value of the Improvements is equal to or greater than the amount of such mortgage(s), shall constitute conclusive evidence that such mortgage meets such requirements, and that the right of any reentry hereunder shall be subject to and limited by, and shall not defeat, render invalid, or limit in any way, the lien of such mortgage. For purposes of this paragraph an "institutional lender" shall mean any bank, savings and loan association, insurance company, foundation or other charitable entity, real estate or mortgage investment trust, pension funds, the Federal National Mortgage Association, agency of the United States Government or other governmental agency. Section 22. Severability. If any provision or provisions of this agreement shall to any extent be invalid or unenforceable, the remainder of this agreement shall not be affected thereby and the remaining provisions shall be valid and enforceable to the fullest extent. Section 23. Miscellaneous Provision. In the event a court must interpret any word or provision of this agreement, the word or provision shall not be construed against either party by reason of drafting or negotiating this agreement. Section 24. Inspection. Agency may make or cause to be made reasonable entries upon and inspections of the Properties. Section 25. The Contractor agrees for itself, its successors and assigns, to or of the property or any part thereof, that the Contractor and such successors or assigns shall: Not discriminate upon the basis of race, color, religion, sex or national origin in the sale, lease or rental or in the use or occupancy of the property or any Improvements erected or to be erected hereon or on any part thereof; and this covenant shall be binding to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by the Agency, its successors and assigns, and any successor in interest to the property, or any part thereof. The Agency shall have the right in the event of any breach of any such covenants, to exercise all the rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of covenant, to which it or any other beneficiaries of such covenant may be entitled. 7 IN WITNESS WHEREOF, the Agency and Contractor have caused this Agreement to be executed the day and year first above written. WITNESS: Uzz APPROVED AS TO FORM: Habitat For Humanity Of Greater Miami, Inc. Name: Title: SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY Name: Stephen David Title: Director Eve A. Boutsis, Office of General Counsel Nagin Gallop Figueredo, P.A. South Miami Community Redevelopment Agency F., EXHIBIT 1A This instrument was prepared by: Eve A. Boutsis, General Counsel City of South Miami Community Redevelopment Agency c/o Nagin Gallop Figueredo, P.A. 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Property Appraisers Parcel Identification (Folio) Number: 09- 4025- 000 -0730 WARRANTY DEED THIS INDENTURE, made this day of April, 2008 between City of South Miami Community Redevelopment Agency, a community redevelopment agency of the City of South Miami, a Florida municipal corporation, whose address is 6130 Sunset Drive, South Miami, Florida 33143 (hereinafter referred to as Grantor or "SMCRA " *) and Habitat for Humanity of Greater Miami, Inc., a Florida non - profit corporation (hereinafter referred to as Grantee or "Developer " *). . WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration of said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to said Grantee, and Grantee's heirs and assigns forever, the following described land situated, lying and being in Miami -Dade County, State of Florida, to wit: 25 54 40.09 AC E50FT OF W150FT OF S80FT OF N186FT OF E1 /2 OF NW1 /4 OF NW1 /4 OF SE1 /4 LOT SIZE 50.000 X 80 OR 20639 -3809 0802 3, of the Public Records of Miami -Dade County, commonly . known as 6065 S.W. 64th Terrace, South Miami, Florida. [Folio No.: 09- 4025- 000 -0730] Page 1 of 7 THIS CONVEYANCE IS MADE SUBJECT TO conditions, restrictions, limitations, and easements of record, if any; but any such interests that may have been terminated are not hereby re- imposed; and subject to applicable zoning ordinances, taxes and assessments for the year 2008 and subsequent years. THIS CONVEYANCE IS ALSO MADE SUBJECT TO the following covenants running with the land, and setting forth the right of reentry, to wit: 1. The Developer will commence work on the property transferred under this Deed [Folio Number 09- 4025- 000 -0730] for the development of a single - family home for affordable housing purposes (hereinafter to be known as "the Improvements "). The - Developer shall be responsible for the review and selection of low income applicant home buyers in accordance with all applicable Federal, State and County and local law. However, the Developer shall prioritize applicants as follows: a. South Miami Community Redevelopment Agency residents; b. City of South Miami Role Models, as defined by the South Miami Community Redevelopment Agency's Role Model Program, which program is incorporated by reference into this agreement; C. South Miami Community Redevelopment Agency Referrals; d. City of South Miami Residents; and e. General Public. The SMCRA shall have the sole discretion to resolve any conflict in the prioritization of applicants. However, the Developer shall have the right to determine the ultimate purchaser of the home in compliance with Developer's non profit purposes as provided under its bylaws and guidelines. 2. The Developer will commence work on the Improvements consisting of affordable single- family homes and complete construction not later than one year from the execution of this agreement. 3. Promptly after completion of the Improvements in accordance with approved plans and provisions of this instrument, the SMCRA shall furnish the Developer an appropriate instrument certifying to the satisfactory completion of the improvements. Such certification shall be in a form recordable in the Office of the Clerk of the Circuit Court of Miami -Dade County, Florida. Page 2 of 7 4. The Developer agrees for itself, its successors and assigns, to or of the property or any part thereof, that the Developer and such successors or assigns shall: Not discriminate upon the basis of race, color, religion, sex or national origin in the sale, lease or rental or in the use or occupancy of the property or any Improvements erected or to be erected hereon or on any part thereof, and this covenant shall be binding to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by the SMCRA, its successors and assigns, and any successor in interest to the property, or any part thereof. The SMCRA shall have the right in the event of any breach of any such covenants, to exercise all the rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of covenant, to which it or any other beneficiaries of such covenant may be entitled. 5. The Developer (or successor in interest), shall pay the real estate taxes or assessments on the property or any part thereof when due. Developer shall not suffer any levy or attachment to be made, or any material or mechanic's lien, or any unauthorized encumbrance -or lien to attach except: a. Any mortgage(s) in favor or any institutional lender for the purpose of financing any hard costs or soft costs relating to the construction of the Improvements in an amount(s) not to exceed the value of the Improvements as determined by an appraiser; and b. Any mortgage(s) in favor of any institutional lender refinancing any mortgage of the character described in clause (a) hereof, in an amount(s) not to exceed the value of the Improvements as determined by an appraiser; and C. The recordation, together with any mortgage purporting to meet the requirements of clauses (a) or (b) above, of a statement of value by a Member of American Institute of Real Estate Appraisers ( "NLAX ), (or member of any similar or successor organization), stating the value of the Improvements is equal to or greater than the amount of such mortgage(s), shall constitute conclusive evidence that such mortgage meets such requirements, and that the right of any reentry hereunder shall be subject to and limited by, and shall not defeat, render invalid, or Page 3 of 7 limit in any way, the lien of such mortgage. For purposes of this paragraph an "institutional lender" shall mean any bank, savings and loan association, insurance company, foundation or other charitable entity, real estate or mortgage investment trust, pension funds, the Federal National Mortgage Association, agency of the United States Government or other governmental agency. 6. Developer shall not transfer the property or any part thereof without consent of the SMCRA and shall not change the ownership or distribution of the stock of the Developer or with respect to the identity of the parties in control of the Developer or the degree thereof. 7. The Developer shall not transfer the property or any part thereof prior to the completion of the improvements, consisting of affordable single - family homes, and issuance of a Certificate of Completion and /or Occupancy for the homes by the proper authority for the residing jurisdiction. In addition to the warranty deeds, Grantee and any affordable housing purchaser shall be obligated to comply with an SMCRA deed restriction requiring the property to be purchased by an affordable housing purchaser, and any sale of the property over the next 15 years shall require sale to a subsequent affordable housing purchaser as defined by U.S. HUD guidelines and the SMCRA guidelines. 8. In the event the Developer shall violate or otherwise fail to comply with any. of the covenants set forth herein or Schedule A attached herein, the Developer shall correct or cure the default /violation within thirty (30) days of notification of the default by the SMCRA. If Developer fails to remedy the default within thirty (30) days, the SMCRA shall have the right to reenter and take possession of the property and to terminate (and re -vest in the SMCRA) the estate conveyed by this Deed to the Developer, provided, that any such right to reentry shall always be subjected to and limited by, and shall not defeat, render invalid, or limit in any way the lien of any valid mortgage or Deed or Trust permitted by this Deed. In the event the Contractor fails to construct a residence and obtain the required CO within the time required by this deed, the Grantor shall have the right, but not the obligation, to cause Contractor to reconvey the Property to the Grantor, subject to any encumbrances against the Property filed by a third -party that has provided financing in connection with the development of the Property, for an amount equal to the tax assessed value of the property. The Contractor shall reconvey the marketable title to the Property only to the exceptions contained in the title policy issued to the Contractor upon its receipt of the Property. If for any reason Contractor fails, Page 4 of 7 neglects or refuses to reconvey the Property, the Grantor may seek specific performance to obtain the reconveyance of the Property. In case of the failure of Contractor to perform any of the covenants in this deed, at the option of the Grantor, this Agreement shall be forfeited and terminated, and Contractor shall forfeit any and all claims to the Property and execute a reverter deed, reverting title to the property to the Grantor. Contractor shall have no right or claim for reimbursement for any expenditures incurred for the improvements made to the Property. All improvements made on the property shall be retained by the Grantor in full satisfaction and liquidation of all damages sustained by the Grantor, and the Grantor shall have the right to reenter and take possession of the premises and seek such self -help remedies as shall place the Grantor in exclusive possession of the premises to enforce the reverter clause provided for in this deed. This provision shall survive the closing and transfer of title to Developer. Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first above written. Witness Printed: Witness Printed: City of South Miami Community Redevelopment Agency IM Stephen David, as Director SEAL Page 5 of 7 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, Stephen David, the person described in and who executed the foregoing Warranty Deed and acknowledged before me that he executed the same, and who presented as identification the following: and he did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of March, 2008. Witness Printed: Witness Printed: am Name: Notary Public Printed: Habitat for Humanity for Greater Miami Neighborhoods, Inc. SEAL Page 6 of 7 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, the person described in and who executed the foregoing Warranty Deed and acknowledged before me that he executed the same, and who presented as identification the following: and he did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of March, 2008. Notary Public Printed: Page 7 of 7 EXHIBIT 10 PERFORMANCE BOND — ATTACHMENT B KNOW ALL MEN BY THESE PRESENTS that Habitat for Humanity of Greater Miami, Inc. as Principal, hereinafter called Contractor, and , as Surety, hereinafter called Surety, are held and firmly bound unto the City of South Miami, Florida Community Redevelopment Agency, South Miami, Florida, as Obligee, hereinafter called Owner, in the amount of ------------------ _ ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a Agreement with Owner for: Contractor Agreement and Warranty deed for the construction of a low income, single family home at with a legal description of: 25 54 40.09 AC E50FT OF W150FT OF S80FT OF N186FT OF E1 /2 OF NW1 /4 OF NW1 /4 OF SE1/4 LOT SIZE 50.000 X 80 OR 20639 -3809 0802 3, of the Public Records of Miami -Dade County, commonly known as 6065 S.W. 64" Terrace, South Miami, Florida. [Folio No.: 09- 4025- 000 -0730] NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said Agreement set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said Agreement specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall remain in full force and effect, subject, however, to the following conditions: Any suit under this bond must be instituted before the expiration of one (1) month from the date of execution of the underlying Agreement and Warranty Deed. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the day of March, 2008. WITNESS: CONTRACTOR Habitat for Humanity of Greater Miami, Inc. .Page 1 of 9 iM President COUNTERSIGNED BY (CORPORATE SEAL) RESIDENT FLORIDA AGENT OF SURETY: (Copy of Agent's current SURETY: License as issued by State of BY: Florida Insurance Commissioner shall be attached hereto) Page 2 of 9 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Corporate Secretary Seal ACKNOWLEDGEMENT OF ATTORNEY -IN -FACT SURETY STATE OF FLORIDA ) ss COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared , who says that he is the Attorney - i n - F act, for the (Surety) and that he has been authorized by the Surety to execute the foregoing bond on behalf of the Surety named therein in favor of the City of South Miami Community Redevelopment Agency, South Miami, Florida 33143. Said person is _ personally known to me, or has produced (specify type of identification, i.e., driver's license and number, state of issue, etc. and who did take an oath, or did not take an oath. WITNESS my hand and official seal, at the County and State aforesaid, on the day and year aforesaid. (Attach Power of Attorney) Notary Public State of Florida -at -Large My commission Expires: Page 3 of 9 INSURANCE REQUIREMENTS See Insurance Check List for applicability to this contract. A. The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that all times the contractor is acting as an independent contractor. B. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: 1. Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida. 2. Maintain Comprehensive General Liability Insurance in amounts prescribed by the City of South Miami Community Redevelopment Agency (see checklist for limits) to protect the contractor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connections with the work. This policy is to provide coverage for premises /operations, independent contractor, broad form property damage, products /completed operations and contractual liability. 3. Maintain Automobile Liability Insurance including Property Damage covering all owned, non -owned or hired automobiles and equipment used in connection with the work. 4. Maintain any additional coverage's required by the Risk Manager as indicated on the Insurance Check List. 5. Name the City of South Miami Community Redevelopment Agency as an additional insured on all liability policies required by this contract. When naming the City of South Miami Community Redevelopment Agency as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City of South Miami Community Redevelopment Agency will not be liable for the payment of any premiums or assessments. A copy of the endorsement(s) naming the City of South Miami Community Redevelopment Agency as an additional insured is required and must be submitted to the City of South Miami Community Redevelopment Agency's Director. 6. No charge or cancellation in insurance shall be made without thirty (30) days written notice to the City of South Miami Community Redevelopment Agency's Director. Page 4 of 9 7. All insurance policies shall be issued by companies authorized to do business under the laws of the state of Florida and these companies must have a rating of at least B +:VI or better per Best's Key Rating Guide, latest edition. 8. Original signed Certificates of Insurance, evidencing such coverage's and endorsements as required herein, shall be filed with and approved by the City of South Miami Community Redevelopment Agency's Director before work is started. Upon expiration of the required insurance, the franchisee must submit updated certificates of insurance for as long a period as any work is still in progress. 9. It is understood and agreed that all policies of insurance provided by the franchisee are primary coverage to any insurance or self - insurance the City of South Miami Community Redevelopment Agency possesses that may apply to a loss resulting from the work performed in this contract. C. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: In addition to the coverage stated in the body of the policy, the policy shall indemnify and hold harmless the City of South Miami Community Redevelopment Agency, a municipal redevelopment agency established under Chapter 163, Fla. Stat., its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and for all damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission by the franchisee, his agents, servants, or employees, or through the mere existence of the project under contract. The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of South Miami Community Redevelopment Agency, its officers, agents, and employees, as determined by a court of competent jurisdiction. The franchisee will- notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. 1. The franchisee will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of South Miami Community Redevelopment Agency under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. D. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for Page 5 of 9 payment of deductibles by the insured and approved by the City of South Miami Community Redevelopment Agency's Director. E. The City of South Miami Community Redevelopment Agency will secure and maintain policies of subcontractors. All policies shall be made available to the City of South Miami Community Redevelopment Agency upon demand. Compliance by the franchisee and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Franchisee shall be as fully responsible to the City of South Miami Community Redevelopment Agency for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. F. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any franchisee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City of South Miami Community Redevelopment Agency shall have the right to terminate the franchise. G. If franchisee does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Director, may be considered. H. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insured hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. Property Damage Liability arising out of the collapse of or structural injury to any building or structure due to: a. Excavation (including burrowing, filling or backfilling in connection therewith), tunneling, pile driving, cofferdam work or caisson work, or; b. Moving, shoring, underpinning, raising or demolition of any building or structure, or removal or rebuilding of any structural support thereof. Property Damage Liability for: a. Injury to or destruction of wires, conduits, pipes, mains, sewers to other similar property or any apparatus in connection therewith, below the surface of the ground arising from and during the use of mechanical equipment for the purpose of excavating or drilling, or, Page 6 of 9 b. Injury to or destruction of property at any time resulting therefrom. The term "streets" includes alleys. In determining where a street or highway ends, all of the lane up to privately owned land shall be considered. Page 7 of 9 INSURANCE CHECK LIST XXX 1. Worker's Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2 . Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises /Operations; Products and Completed Operations; Independent Contractors; Broad Form Property Damage Endorsement and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000.00 - covering all owned, non owned and hired vehicles per occurrence combined single limit for bodily injury and property damage. rd Excess Liability - $ coverages. .00 per occurrence to follow the primary XXX 5. The City must be named as an additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B +:VI or better, latest edition. Page 8 of 9 BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. Bidder Signature of Bidder Page 9 of 9 | � | i | | � . | � � | ' a � ! 7 7'�e�� CD ! . . .. _�_`_-----�-�-_�''---'`_.�'^-_',^``��__''\ Architectural Site Plan a Floor Plan %! � - - ---- - - --- - - ---- - - --�/-��-�r7� - - -- -'-- � "LN1 FZvv,a,�`` �51DE F D" ` ' � - -°uxm- 4-6 - � -�psc � WInIMUM Lot SIZe: REQUIRED PROVIDED Net Area 6000 SF 4000 SF Frontage so, Inimurn Yard-Setbacks; REQUIRED PROVIDED Rear L East Side (Intertor) 7'-7" im.klmorn Bicig. coverage: Maximum 8 g. Coverage � � R �1� RAWWORNUMANM ""Mir BUCKLER 1, 11,410. 1-103 Drawing Index EXHIBIT C rrl O Ul O IO IIII� r r r n A O 0 0 N I N I fyi. 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Court m r•�'vq��b .,, �D �3 cp cD cD (b a °n O a p � H o- - -- Oo ^u V I� D T�. ' . I a o 30.00' � o2H, j o a cnN '^ NV o a ^ a 2 i LA N r Cb o l fD A rrl O Ul O IO IIII� r r r n A O 0 0 N I N I fyi. I N to to m m b a " o, s.., -- (n Q O p c p .U) 0 o H o c o a e o a t.4D a 4 ^I �• ^ i m o � o e n o 7Z y m � � 4 R 1 P O y a c °p o o b rn ? o 3 ° m j C y � C O p O Q o ? j 4 !V � 0 o Q. 3 m S'rt' Pq rn 2 2 O O O O O O p N N b tpit toil f9 y y N CO z H O k n Is c 'o 4 C 4 R G 4 4 o 2 4 4 � to fe to p O p O O O p H O O toil N y y foil toil y Z y N a r f` � � O R r rn � 00 0 2 A I a �o O n O O C/) ' 1l =1 _ S. W, _62nd. A_ VENUE_ _ _ — West Line, SE. 114, Section 25-54-40 Limited Access Right- Ol -Way Line S. W._ 61st. COURT U ,tin o ccu o 3 Q � a L Z fn ZH °. :Z�E °. °o ao a c) n nq no O � a a w 'n n n tD o = o t'D O M ly C� !vim H O y �Q z cn lb .zi rn o_ C � o Tn a r ? O Cb Is, r cn T o\ w n y O ° ti o O O� fD tD �l O C o O �o H O U A � I I �I r I I � I I o� D A E rA LI ` J O v / C p n � Z3 M Li j j iT Cb o 0 CZ) O \ S. W. 61st. Court .,, �D �3 cp cD cD (b v p � H o- - -- D T�. ' . I a o 30.00' � j o a I NV ` J a Cb o l fD I Cb ^r- i O Q Q Q I \v tD I 4 o� z ` ; I� 6 Wood Fence ` as a RE o 80.00' 79.92' (Meas.) a ' N 71.03 (M) cos 5. b Cb J. 95' Cleor a � I ��l • 0 . ti ; 1 a n . IV - O /o �F. C11 .�91 O ,b tD O O O tD ��p OX ^ ?. ... I Ip �� J " j `" L� 0 C'. c 9 V m ./ I Fence 10 JI 5 00" 0.34' OHW I „ z 6' Wood Fence 800' Lbo Encroa ch O O O OO to o c),ti _ n cl,�°� lz �n o n n n as 0 0 0 0 o• o o J) o °o ml O_ `o' To: Honorable Chair and Date: April 14, 2008 SMCRA Board mbers From: Stephen Davi ITEM No. SMCRA Di ect PROPERTY CONVEYANCE 6041 SW 63RD STREET TO HABITAT FOR HUMANITY A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO AFFORDABLE HOUSING DEVELOPMENT; AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO AN AGREEMENT WITH HABITAT FOR HUMANITY OF GREATER MIAMI INC. FOR THE CONVEYANCE OF ONE SMCRA OWNED PROPERTY LOCATED AT 6041 SW 63rd STREET (FOLIO NO. 09- 4025- 010 -0850) TO HABITAT OF HUMANITY OF GREATER MIAMI INC. TO CONSTRUCT ONE AFFORDABLY PRICED SINGLE- FAMILY HOME; AND PROVIDING AN EFFECTIVE DATE BACKGROUND As part of an established working agreement, the SMCRA has previously conveyed vacant residential properties to Habitat for Humanity for the purpose of constructing affordable single - family housing. The SMCRA has most recently conveyed two residential properties located at 6350 SW 60th Avenue and 6016 SW 63rd Street for the purpose of constructing affordable housing. As indicated in the attached photos, a grand opening for the two homes was held on December 13, 2008 (See Exhibit A). In an effort to provide additional affordable housing opportunities in the SMCRA Community, the Agency seeks to convey SMCRA owned property located at 6041 SW 63rd Street, Folio No.09- 4025- 010 -0850 to Habitat for Humanity for the purpose of constructing one affordable single - family home. The above referenced lot is currently undersized according to the RS -4 zoning requirements. However based on an exemption of the Code provided in Section 20 -4.8, D1, development of the property is permitted provided that other limitations of the Code have been satisfied (See Exhibit B). Habitat of Humanity has recently expressed an interest in developing the above referenced vacant property. Habitat for Humanity has also offered to design a specific building footprint which shall satisfy all existing requirements. As requested by the Board during the previous meeting, a building site plan and an official survey of the property have been provided as Exhibit C. Approval of the attached resolution shall authorize the SMCRA Director to enter into agreement with Habitat for Humanity for the conveyance of one affordable housing lot to Habitat of Humanity for the purpose of constructing and selling one affordable, single- family home. RECOMMENDATION Staff recommends approval of the attached resolution authorizing the SMCRA Director to enter into the agreement attached as Exhibit 1 for the conveyance of one SMCRA owned vacant lot to Habitat for Humanity for the purpose of constructing and selling one affordable, single- family home. As part of the agreement, stringent deed restrictions have been required to ensure successful completion of the project. Attachments: Recent Habitat for Humanity Grand Opening Photos Property Description Code of Ordinance Exception Affordable Housing Property Conveyance Agreement SMMCGRUFF\PLANNING\Property Conveyance of 6065 SW 64h Terrace .doc 1 RESOLUTION NO. 4 A RESOLUTION OF THE CITY OF SOUTH MIAMI 5 COMMUNITY REDEVELOPMENT AGENCY RELATING TO 6 AFFORDABLE HOUSING DEVELOPMENT; AUTHORIZING 7 THE SMCRA DIRECTOR TO ENTER INTO AGREEMENT 8 WITH HABITAT OF HUMANITY OF GREATER MIAMI INC. 9 FOR THE CONVEYANCE OF SMCRA OWNED PROPERTY 10 LOCATED AT 6041 SW 63rd STREET (FOLIO #09- 4025 -010- 11 0850) TO HABITAT OF HUMANITY OF GREATER MIAMI 12 INC. TO CONSTRUCT ONE AFFORDABLE, SINGLE - FAMILY 134 HOME; AND PROVIDING AN EFFECTIVE DATE �4 16 WHEREAS, as part of an established working agreement, the SMCRA has 17 in the past conveyed vacant residential vacant properties to Habitat of Humanity 18 for the purpose of constructing affordable single - family housing; and 19 20 WHEREAS, Habitat of Humanity has an more than satisfactory track 21 record of constructing single - family homes on properties conveyed by the 22 SMCRA; and 23 24 WHEREAS, Habitat of Humanity has expressed interest in developing the 25 above referenced vacant property and has provided a specific building plan which 26 shall satisfy all land development requirements of the Code; and 27 28 WHEREAS, in an effort to provide additional affordable housing within 29 the SMCRA Community, the Agency wishes to transfer the following vacant 30 property to Habitat of Humanity for the purpose of constructing one single- family 31 home: 32 • 6041 SW 63rd Street, Folio No. 09- 4025- 010 -0850. 33 34 35 NOW THEREFORE BE IT RESOLVED BY THE SOUTH 36 MIAMI COMMUNITY REDEVELOPMENT AGENCY; 37 38 Section 1. The South Miami Community Redevelopment Agency Board 39 authorizes the SMCRA Director to enter into the affordable housing development 40 agreement attached as Exhibit 1 and authorizes the conveyance of SMCRA 41 owned property located at 6041 SW 63rd Street, Folio No. 09- 4025- 010 -0850 to 42 Habitat of Humanity for the purpose of constructing and selling one affordable, 43 single - family home. 44 1 2 3 4 9 7 8 1� 11 12 13 14 15 16 19 19 20 21 22 23 24 25 26 27 28 29 30 31 Section 2. The property shall be conveyed to Habitat of Humanity upon determination by the South Miami Planning Department that all applicable land development regulations have been satisfied. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of April, 2008. ATTEST: City of South Miami Community Redevelopment Agency Clerk READ AND APPROVED AS TO FORM Eve A. Boutsis, Office of General Counsel Nagin Gallop & Figueredo, P.A. APPROVED: Chairperson Horace Feliu Board Vote: Chairperson Feliu: Vice Chairperson Beasley: Board Member Wiscombe: Board Member Palmer: Board Member Beckman: Board Member R. Williams: Board Member L. Williams: EXHIBIT A HABITAT OF HUMANITY HOUSE - OPENING CEREMONY (December 13, 2007) -_1 - � ;iii /nr• !� coax t �P"sthfealth S011th Ronda 'tat �0f'Humanity mom 1 I r /% wll . - �� TRA ,,,F ANTIC It tealth r.. , ferHwnanity City of South Miami Community Redevelopment Agency Conveyed Properties (6350 SW 60th Avenue and 6016 SW 63rd Street) EXHIBIT B 20 -4.8 SOUTH MIAMI LAND DEVELOPMENT CODE (D) Nonconforming Lots of Record. _*1) In any district in which single- family dwellings are permitted, a single - family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Code, notwithstanding limitations imposed by other provisions of this Code. . (a) Such lots. must be in separate ownership and not of continuous frontage with other lots in the same ownership. (b) This provisions shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than for area or width, or both, of the.lot conform to regulations for the district in which the lot is located. (2) In order to minimize the number of nonconforming lots, if two -or more adjoining vacant and platted lots and/or parcels with continuous frontage on a public street in continuous ownership since the time of passage of this.. Code, and if either or any of such lots or parcels individually is /are too small in any, dimension to meet the yard, width and lot area requirements of the district in which they are located, then such group of lots and/or parcels shall be considered as a.single lot or several lots of such size as is necessary to met the minimum dimensional requirements of the district. (a) No portion of said parcel shall be used or sold _in -a manner which diminishes compliance with lot width and area requirements established by this Code. (b) No division of any parcel shall be made which creates a lot with width or area below the requirements of this Code. (3) If any person shall have at any time after passage of this Code created a lot or parcel which fails to conform with the dimensional requirements of the district in which it is located by selling part of a lot, such sale shall have no effect for purposes of this Code and the lots and/or parcels shall still be considered as part of one (1) or more lots. (E) Nonconforming Use of Land. (1) Where at the time of passage of this Code, lawful use of land exists which would not be permitted by regulations imposed by this Code, the use may be continued so long as it remains otherwise lawful, subject to conditions provided' herein. (2) Such nonconforming use of land shall be subject to the following conditions: (a) No such nonconforming use shall be enlarged or increased, nor extended to oc- cupy a greater area of land than was occupied at the effective date of adoption or amendment of this Code; (b) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use as of the effective date of this Code; (c) No additional structure not conforming to the requirements of this Code shall be erected in connection with such nonconforming use of land. 104 eo NP 5 n ME ---Pla E - ---- ---- . ..... NP 5 n ME ---Pla E DETAIL SKETCH Benchmarks: i I„ °o Lot 92 u U A: PK Nail & Disc at the centerline intersection of S. W. 60(h $CAL,. 1' =20' Ell volion =11.57 N.G. V.D. U I ILA �, 4' - Choin Link Fence 1pe Avenue & S.W. 63rd Street, Elevation =12.01 NCVO Set LB -87 I o Na/7 & Disc 57.50' LBe(87 Cop Section: 50255440 SCALE 1 " =86 SURVEYOR'S NOTES: y Fence - LEGEND: *0 ar y0 denotes EXISTING ELEVATIONS i 9�5 02 067' 0.92' Clear J Elevations shorn hereon relate to Nalionof Geodelic Vertical Datum (N.G. V.D.) of 1929. CAN denotes CABLE TELEVISION BOX N &O denotes NAIL `06� p� s o J �4' Wire Fence CS denotes OHIO denotes OVERHEAD WIRES 6. This Surrey has been prepared far the exclusive use of the entity (mfilies) named hereon. The cerlirrcolion shown hereon does not extend to any unnamed I R denotes RADIUS parties C.LF. denotes CHA/NLINK FENCE D denotes DELTA ANCLE 7 There orr no visible mcmahmm/s, other than those shown hereon w. A denotes 8. The properly shown hereon falls within Federal nood Hazard Zone X • pv flood Inswonce Rate Mop Na 120558 0276 J, F ARC DISTANCE map doled Mach 2 1994, rider map doled .bly 17, 1995 Lr) �. Fence I.P. denotes IRON PIPE W. F. denotes WOOD FENCE L.P. denotes LIGHT POLE TYPE OF SURVEY: BOUNDARY SURVEY & EIEYANONS PREPARED FOR: HABITAT FOR HUAIW/TY OF GREATER k— 4 �°+ 0.41 Clear O CERTIFIED Bn BY N O: lit ASS'. 1,ee • SOILS 3240 CORPORATE WAY MIRAMAR. FLORIDA J3025 TEL:(954)4J5 -7010 DADE..(305)652 -7010 FAX:(JO5)652 -8264 are ob CjQ Pres. JOSE L SANFIEL P.L.S. Nu56J5 11941 S.W. 1441h. STREET MlAktl, FLORIDA 37186 TEL:(305)23J -9210 FAx:(305)251 -IIBJ ORDER No ZS• 75' �et \o11. Lot 88 OROCR No.: 415091 DATE: 12 -4 -07 ROD BOOK. 50 -JS8b PAGE: 1 TREE DA TA 1 X11 ASST. We Pres. 1 HEREBY CERTIFY: that the attached Y SURVEY of the property 1. Brazilian Peppertree I I JOSE L SANrIEI P.L.S. No.5536 By: shown hereon is true and correct to the best of my knowledge and belie/ as recently surveyed ledge (Schinus terebinthi/olius) 12° Diameter_ 15' Canopy I O 0 Ass'. Wce and drawn UDder m BY Mmu 2. Royal Palm I I 3 co Technical Sloadads adopted by the naidal State Board off /eslsionul Sur yars and Mopp se L. saerH and (Roystoneo e!o!a) 12 "" Diameter 3 15'-Conopy I 0� N as contained !n Choplu 61917 -6, naido AdmABtrotwa Code, pursuant to ai ter 4720 we. P,eme�t Pro/ Lwnd Survevnr Me.56J6 Mango �96s Syr Assr. w naida $tOtU(e5. 61a1y 01 rMnee (Mongi /era indico) 36" Diameter 30' Canopy �^ N� o, I Aso 1 �� m o19 79 ' 57.50' 5" Concrete 154dewalk ®OO I Nl Asphalt Pavement Ulu- 2' Volley Gutter 1 — — — —South Line, Lot 87- — -� — - �• it Asphoft Pavement S W. 63rd. STREET 5 (M) 0 2" Curb & Cutter 5,• Concrete Sidewalk ti Floor Elevations: PROPERTY ADDRESS: 6041 SW 63(h. Street Main floor. Garage: Other floor: SKETCH OF SURVEY „ BLOCK1$• L CORNERS So S. W, 62nd TERR. LEGAL DESCRIPTION 16• : Lot 87, less the South 1750• in Block 15 and 75 feet of Alley lying West, FRANKLIN SUBDI1,7SION, according to the plat thereof, as recorded in .Plot Book 5 at Page 34, of the Public Records 93 8 92 91 90 $ of Miami -bode County, Florida. W J a Note: The survey boundary shown hereon was based on existing field 16 57s ; sa, T15 so. ``o occupation. 86 87 88 89 e 5 W. 63rd STREET Benchmarks: A: PK Nail & Disc at the centerline intersection of S. W. 60(h Avenue & SW. 63rd Terrace, Ell volion =11.57 N.G. V.D. B: Rim Manhole of the centerline intersection of SW. 60th LOCATION SKETCH Avenue & S.W. 63rd Street, Elevation =12.01 NCVO FILE Lol 87, BLOCK 15.ewq Section: 50255440 SCALE 1 " =86 SURVEYOR'S NOTES: 1. This sketch is not valid wfthaul the signature and the signal raised .sea/ of o naidc licensed survepr and mapper. LEGEND: *0 ar y0 denotes EXISTING ELEVATIONS 2. The di'slances shown along properly lines are record and measured, unless otherwise poled ¢ denotes CENTERLINE Mees. denotes MEASURED J Elevations shorn hereon relate to Nalionof Geodelic Vertical Datum (N.G. V.D.) of 1929. CAN denotes CABLE TELEVISION BOX N &O denotes NAIL 4 Unless otherwise noted, this rem has not attempted to locafe underground uldily items & DISC C.B.S. denotes CONCRETE BLOCK STRUCTURE 5. this surny is subl'rcl to easements, rights -a/ -way and other matters which may be reflected by o search of title to the sub* f lands. CS denotes OHIO denotes OVERHEAD WIRES 6. This Surrey has been prepared far the exclusive use of the entity (mfilies) named hereon. The cerlirrcolion shown hereon does not extend to any unnamed CATCH BASIN R denotes RADIUS parties C.LF. denotes CHA/NLINK FENCE D denotes DELTA ANCLE 7 There orr no visible mcmahmm/s, other than those shown hereon Conc. denotes CONCRETE A denotes 8. The properly shown hereon falls within Federal nood Hazard Zone X • pv flood Inswonce Rate Mop Na 120558 0276 J, F ARC DISTANCE map doled Mach 2 1994, rider map doled .bly 17, 1995 ml. denotes EASEMENT Rec. aenotes RECORD I.P. denotes IRON PIPE W. F. denotes WOOD FENCE L.P. denotes LIGHT POLE TYPE OF SURVEY: BOUNDARY SURVEY & EIEYANONS PREPARED FOR: HABITAT FOR HUAIW/TY OF GREATER k— W.M. denotes WATER METER REVISIONS �r_= /t_L1TElT%2E- C�/2L1/2 L12 p`�y ORDER No. FIELD BOOK REAURKS CERTIFIED Bn BY 20CCC{LES _J/2L'r� (LB -87) LAND SURVEYORS • ENGINEERS • ARCHITECTS • LAND PLANNERS ASS'. 1,ee • SOILS 3240 CORPORATE WAY MIRAMAR. FLORIDA J3025 TEL:(954)4J5 -7010 DADE..(305)652 -7010 FAX:(JO5)652 -8264 are Pres. JOSE L SANFIEL P.L.S. Nu56J5 11941 S.W. 1441h. STREET MlAktl, FLORIDA 37186 TEL:(305)23J -9210 FAx:(305)251 -IIBJ ORDER No By: OROCR No.: 415091 DATE: 12 -4 -07 ROD BOOK. 50 -JS8b PAGE: 1 P0 7E: ASST. We Pres. 1 HEREBY CERTIFY: that the attached Y SURVEY of the property ORDER No. JOSE L SANrIEI P.L.S. No.5536 By: shown hereon is true and correct to the best of my knowledge and belie/ as recently surveyed ledge Ass'. Wce and drawn UDder m BY Mmu DATE Pres. Technical Sloadads adopted by the naidal State Board off /eslsionul Sur yars and Mopp se L. saerH and JOSE L. SANnEC P.L.S. No.56J6 as contained !n Choplu 61917 -6, naido AdmABtrotwa Code, pursuant to ai ter 4720 we. P,eme�t Pro/ Lwnd Survevnr Me.56J6 o9aee No. Syr Assr. w naida $tOtU(e5. 61a1y 01 rMnee DAB. c _ Pres.e EXHIBIT 1 AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AND HABITAT FOR HUMANITY OF GREATER MIAMI, INC. FOR THE PROPERTY CONVEYANCE OF ONE COMMUNITY REDEVELOPMENT AGENCY OWNED HOUSING LOT FOR THE DEVELOPMENT OF ONE AFFORDABLE HOME THIS AGREEMENT ( "Agreement ") is entered into this day of March, 2008 between Habitat for Humanity of Greater Miami, Inc., a Florida not - for - profit corporation (Contractor) whose address is: P.O. Box 560994, Miami Florida and the City of South Miami Community Redevelopment Agency (Agency), whose address is 6130 Sunset Drive, South Miami, Florida 33143. WITNESSETH: WHEREAS, the Agency has allocated certain property to be provided to non - profits to construct affordable single family owner occupied new homes in the Agency's Redevelopment Area (the Project); and WHEREAS, the Agency and Contractor have agreed to perform the Project in accordance with the Agency's specifications; and WHEREAS, it is acknowledged and agreed between the Agency and the Contractor that the property to be provided must be used for the purposes referred to in this Agreement; and WHEREAS, in connection with the performance of this Agreement, the parties have agreed to comply with all applicable provisions of Federal, State and local laws, statutes, rules and regulations as they may apply to this Agreement. NOW, THEREFORE, in consideration of the mutual promises and in consideration of $10.00 and other good and valuable consideration which are to be paid by Agency, the receipt and sufficiency of which are acknowledged, the parties agree as follows: Section 1. The following documents shall comprise the Agreement between the parties and shall constitute collectively the "Contract Documents ": a) This Agreement; b) Warranty deed found at Exhibit IA; and c) Performance Bond found at Exhibit 1B. Section 2. The Agency agrees to provide to the Contractor with title to specific land identified in the attached Exhibit 1A, provided Contractor construct and provide a single family home for an affordable housing recipient in accordance with the bylaws and requirements of Contractor's nonprofit program. The Agency shall transfer title to the lot to the Contractor in accordance with Exhibit 1A, the warranty deed. Failure of Contractor to meet the deadline set forth in this agreement and warranty deed shall provide the Agency the right to cause Contractor to reconvey the lot for the specific home under construction. Section 3. This Agreement shall terminate in one (1) year. Upon the expiration of this Agreement any land provided to Contractor that has not constructed a single - family home in compliance with Contractor's program shall be returned to the Agency so as to be made available for other Agency affordable housing projects. Contractor agrees to use best efforts to complete the Project within one (1) year of the date of this Agreement. In the event the Project is not completed within this time frame, and this Agreement is not extended accordingly, this Agreement shall terminate without any liability to the Agency. The Contractor shall re- conveyance of the property shall occur as permitted under the warranty deed and as provided for in this agreement. Additionally, the Agency may seek enforcement of the performance guaranty, which is attached as Exhibit 1B. Section 4. The Project shall be performed in accordance with the applicable codes, ordinances and statutes of the State of Florida, the City of South Miami and Miami -Dade County. Section 5. Any amendments, alterations, or variations to this Agreement will only be valid when they have been reduced to writing and duly signed by the parties. Section 6. 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 this agreement, so that its liability never exceeds its maximum potential monetary contribution of the current tax assessor's valuation of the property. The Contractor expresses its willingness to enter into this Agreement with recovery from the Agency for any action arising out of this Agreement to be limited to the value of the property provided by the Agency, and /or the return of the property in substantially the same condition as provided to Contractor. Accordingly, the Contractor agrees that the Agency shall not be liable for any claim or damage in connection with the Project in excess of the Agency's maximum potential monetary contribution as provided under this Agreement, for any action or claim 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 on the Agency's liability as set forth in Chapter 768, Florida Statutes. Additionally, the Agency does not waive sovereign immunity, and no claim or award against the City shall include attorney's fees, investigative costs or pre judgment interest. Section 7. After any payment is made by the Agency and applied according to the requirements set forth, the Agency shall be automatically discharged from any and all obligations, liabilities and commitments to Contractor or any third person or entity provided, however, that this Section shall not excuse the continued compliance by Contractor with the terms of this Agreement and the program requirements. 2 Section 8. The Agency may withhold, in whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss on account of matters including but not limited to the following: a) Claims of lien against the Contractor regarding the Project, provided such liens are not bonded off as allowed by law. b) Failure of the Contractor to make payment(s) to subcontractors or suppliers for materials or labor regarding the Project. d) Reasonable evidence that any portion of the Project cannot be completed for the unpaid balance of the agreed compensation. d) Failure to carry out any portion of the Project in accordance with the Contract Documents. e) Failure by Contractor to complete the single family home and receive final certificates of occupancy within two years of execution of this agreement. Section 9. In the event of a termination by the Agency, the Agency shall additionally be entitled to bring any and all legal and /or equitable actions in Miami -Dade County, Florida, in order to enforce the Agency's right and remedies against the Contractor. The Agency shall be entitled to recover all costs of such actions including a reasonable attorney's fee, at trial and appellate levels, to the extent allowed by law. In the event any suit or legal proceeding is brought for the enforcement of any provision of this Agreement, the parties agree that the prevailing party or parties shall be entitled to recover from the other party or parties upon final judgment reasonable attorneys' fees, including attorneys' fees for any appeal, and costs incurred in bringing the suit or proceeding. Any action arising out of this Agreement shall be brought in Miami -Dade County, Florida, and shall be subject to Florida law. Section 10. Contractor agrees to use best efforts to complete the Project prior to the end of two calendar years. In the event the Project is not completed within this time frame, and this Agreement is not extended accordingly, this Agreement shall terminate and the property shall be returned by Contractor to Agency. Section 11. Representations and Covenants. Contractor hereby represents and warrants to the Agency the following: (i) Contractor is a corporation duly organized, validly existing and in good standing under the laws of the State of Florida. There are no proceedings or actions pending, threatened or contemplated for the liquidation, termination or dissolution of Contractor. (ii) Contractor shall apply for construction permits within 90 days from the effective date of this Agreement. 3 (iii) Contractor covenants and agrees that it shall cause the Properties to be developed in accordance with the building plans that are to comply with the City's Code and are to approved by the South Miami Building Department. (iv) Contractor shall complete construction of the home within a year of receipt of the building permits. (iv) Contractor covenants and agrees that the Property shall be sold to the affordable housing applicants and according to the guidelines established in this document. In the event an applicant no longer qualify as low income home buyers under Habitat's affordable housing program, Contractor covenants and agrees to sell the properties to other low income qualified home buyers selected by the Agency and Habitat who qualify for affordable housing loan programs and who otherwise cannot afford to rent or buy houses generally available on the open market. (v) Upon transfer of the warranty deed to Contractor, Contractor agrees that any sale of the property shall be to an affordable housing purchaser, and the purchasers shall be obligated to comply with the Agency deed restriction requiring the property to be purchased by an affordable housing purchaser, and any sale of the property over the next 15 years shall require sale to a subsequent affordable housing purchaser as defined by Habitat, U.S. HUD guidelines and the Agency guidelines. This provision shall survive termination of the agreement. Section 12. Termination Without Cause. The agency is conveying the Property to Contractor as part of the Agency's program to produce residential property within the City of South Miami Community Redevelopment Agency. As part of the consideration for transfer of the Property, Buyer has agreed to build an affordable housing (per HUD guidelines), single family residence on the Property and to obtain a certificate of occupancy ( "CO ") for the residence within two years of the effective date of this Agreement. The Contractor shall be entitled to obtain one extension of time, for a four month extension to complete construction. The request will not be unreasonably denied by the Agency. In the event the Contractor fails to construct a residence and obtain the required CO within the time required by this Agreement, the Agency shall have the right, but not the obligation, to cause Contractor to re- convey the Property to the Agency, subject to any encumbrances against the Property filed by a third -party that has provided financing in connection with the development of the Property, for an amount equal to the tax assessed value of the property. The Contractor shall re- convey the marketable title to the Property only to the exceptions contained in the title policy issued to the Contractor upon its receipt of the Property. If for any reason Contractor fails, neglects or refuses to re- convey the Property, the Agency may seek specific performance to obtain the re- conveyance of the Property. In case of the failure of Contractor to perform any of the covenants in this Agreement, at the option of the Agency, this Agreement shall be forfeited and terminated, and Contractor shall forfeit any and all claims to the Property and execute a reverter agreement, reverting title to the property to the Agency. Contractor shall have no right or claim for reimbursement for any expenditures incurred for the improvements made to the Property. All improvements made under this agreement shall be retained by the Agency in full satisfaction and liquidation of all damages sustained by the Agency, and the Agency shall have the right to reenter and take possession of the premises and seek such . self -help remedies as shall place the Agency in exclusive possession of the premises to enforce the reverter clause provided for in this agreement and warranty deed. This provision shall survive the closing and transfer of title to Contractor. n Section 13. Right to Reenter and take possession of the Properties. Agency has the right, at its election to take possession of the Property with all improvements thereon and terminate the Agreement if Contractor: (i) fails to start construction within 90 days from the date the construction permits are issued. abandons or substantially suspends construction for a period of 90 days. fails to cure a,violation of the Agreement within 30 days after receipt of notice to cure from Agency (iv) fails to obtain a building permit with 90 days after the effective date of this Agreement. (v) Fails to complete construction within year of receipt of the construction permits. Section 14. Risk of Loss. Risk of loss by fire or other casualty shall be Contractor's and Contractor agrees to maintain adequate insurance for a sum not less than the full replacement value. Contractor shall not commence work under this Agreement until it has obtained and submitted proof of all insurance required by the Agency. Section 15. Force Majeure. Neither party shall hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen and prevented. For this purpose, such acts or circumstances shall include, but not be limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties shall use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. Section 16, Independent Contractor. Contractor, its employees and agents shall be deemed independent contractors and not agents or employees of Agency, and shall not attain any rights or benefits generally afforded Agency employees. Section 17. All notices, demands, correspondence and communications between the Agency and Contractor shall be deemed sufficiently given under the terms of this Agreement if dispatched by registered or certified mail, postage prepaid, return receipt requested, addressed as follows: If to the Agency: Director, Stephen David South Miami Community Redevelopment Agency 6130 Sunset Drive Miami, Florida 33143 5 If to Contractor: Habitat for Humanity of Greater Miami, Inc. P.O. Box 560994 Miami, FL 33156 Section 18. It is agreed that Contractor will require any buyer to record a purchase money mortgage and shared- appreciation mortgage loan note satisfactory to the Contractor and Agency and enforceable by the Contractor and Agency, which will require that the property with the constructed home listed on Attachment "A" is sold all such new purchasers and occupants shall satisfy the standards for ownership or occupancy adopted by the Contractor for the development of homes and by the Agency, which shall ensure that subsequent purchasers are affordable housing qualified homeowners. Section 19. The Contractor agrees to maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues acquired under this Agreement to the extent and in such detail as required by the Agency. The books and accounts, files and other records of the Contractor, which are applicable to this Agreement, shall be available for inspection, review and audit by the Agency and its representatives to determine the proper application and use of all funds paid to or for the account or the benefit of the Contractor. Section 20. Contractor shall indemnify, defend, save and hold harmless the Agency, its officers, agents and employees, from or on account of all claims, damages, losses, liabilities and expenses, direct, indirect or consequential including, but not limited to, fees and charges of purchasers, engineers, architects, attorneys, consultants and other professionals and court costs arising out of or in consequence of the performance of this Agreement at all trial and appellate levels. Indemnification shall specifically include, but not limited to, claims, damages, losses, liabilities and expenses arising out of or from (a) the negligent or defective design of the Project and work of the Contractor; (b) any negligent act or omission of the Contractor, its subcontractors, agents servants or employees, (c) any damages, liabilities, or losses received or sustained by any person or persons during or on account of any negligent operations by Contractor connected with the construction of this Project; (d) the use of any improper materials; (e) any construction defect including both patent and latent defects; (f) failure to timely complete the work; (g) the violation of any federal, state, or county or city laws, ordinances or regulations by Contractor, its subcontractors, agents, servants, independent contractors or employees; (h) the breach or alleged breach by Contractor of any term of this Agreement. Section 21. Neither party shall assign its interest in this Agreement without express written consent of the other party. Any violation of this provision shall constitute default in the Agreement. Section 22. The Contractor (or successor in interest), shall pay the real estate taxes or assessments on the property or any part thereof when due. Contractor shall not suffer any levy or attachment to be made, or any material or mechanic's lien, or any unauthorized encumbrance or lien to attach except: T a. Any mortgage(s) in favor or any institutional lender for the purpose of financing any hard costs or soft costs relating to the construction of the Improvements in an amount(s) not to exceed the value of the Improvements as determined by an appraiser; and b. Any mortgage(s) in favor of any institutional lender refinancing any mortgage of the character described in clause (a) hereof, in an amount(s) not to exceed the value of the Improvements as determined by an appraiser; and C. The recordation, together with any mortgage purporting to meet the requirements of clauses (a) or (b) above, of a statement of value by a Member of American Institute of Real Estate Appraisers ( "MAI "), (or member of any similar or successor organization), stating the value of the Improvements is equal to or greater than the amount of such mortgage(s), shall constitute conclusive evidence that such mortgage meets such requirements, and that the right of any reentry hereunder shall be subject to and limited by, and shall not defeat, render invalid, or limit in any way, the lien of such mortgage. For purposes of this paragraph an "institutional lender" shall mean any bank, savings and loan association, insurance company, foundation or other charitable entity, real estate or mortgage investment trust, pension funds, the Federal National Mortgage Association, agency of the United States Government or other governmental agency. Section 22. Severability. If any provision or provisions of this agreement shall to any extent be invalid or unenforceable, the remainder of this agreement shall not be affected thereby and the remaining provisions shall be valid and enforceable to the fullest extent. Section 23. Miscellaneous Provision. In the event a court must interpret any word or provision of this agreement, the word or provision shall not be construed against either party by reason of drafting or negotiating this agreement. Section 24. Inspection. Agency may make or cause to be made reasonable entries upon and inspections of the Properties. Section 25. The Contractor agrees for itself, its successors and assigns, to or of the property or any part thereof, that the Contractor and such successors or assigns shall: Not discriminate upon the basis of race, color, religion, sex or national origin in the sale, lease or rental or in the use or occupancy of the property or any Improvements erected or to be erected hereon or on any part thereof; and this covenant shall be binding to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by the Agency, its successors and assigns, and any successor in interest to the property, or any part thereof. The Agency shall have the right in the event of any breach of any such covenants, to exercise all the rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of covenant, to which it or any other beneficiaries of such covenant may be entitled. 7 IN WITNESS WHEREOF, the Agency and Contractor have caused this Agreement to be executed the day and year first above written. WITNESS: LIM APPROVED AS TO FORM: Habitat For Humanity Of Greater Miami, Inc. C Name: Title: SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY Name: Stephen David Title: Director Eve A. Boutsis, Office of General Counsel Nagin Gallop Figueredo, P.A. South Miami Community Redevelopment Agency EXHIBIT 1A This instrument was prepared- by: Eve A. Boutsis, General Counsel City of South Miami Community Redevelopment Agency c/o Nagin Gallop Figueredo, P.A. 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Property Appraisers Parcel Identification (Folio) Number: 09- 4025- 010 -0850 WARRANTY DEED THIS INDENTURE, made this day of March, 2008 between City of South Miami Community Redevelopment Agency, a community redevelopment agency of the City of South Miami, a Florida municipal corporation, whose address is 6130 Sunset Drive, South Miami, Florida 33143 (hereinafter referred to as Grantor or "SMCRA " *) and Habitat for Humanity of Greater Miami, Inc., a Florida non - profit corporation (hereinafter referred to as Grantee or "Developer " *). WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration of said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to said Grantee, and Grantee's heirs and assigns forever, the following described land situated, lying and being in Miami -Dade County, State of Florida, to wit: FRANKLIN SUB PB 5 -34 LOT 87 LESS S17.50FT BLK 15 & 7.5FT ALLEY LYG W & ADJ CLOSED PER R -92 -1515 LOT SIZE 57.500 X 200, of the Public Records of Miami - Dade County, Florida, commonly known as 6041 S.W. 63rd Street, South Miami, Florida. [Folio No.: 09- 4025- 010 -0850] Page 1 of 7 THIS CONVEYANCE IS MADE SUBJECT TO conditions, restrictions, limitations, and easements of record, if any; but any such interests that may have been terminated are not hereby re- imposed; and subject to applicable zoning ordinances, taxes and assessments for the year 2008 and subsequent years. THIS CONVEYANCE IS ALSO MADE SUBJECT TO the following covenants running with the land, and setting forth the right of reentry, to wit: 1. The Developer will commence work on the property transferred under this Deed [Folio Number 09- 4025- 010 -0850] for the development of a single- family home for affordable housing purposes (hereinafter to be known as "the Improvements "). The Developer shall be responsible for the review and selection of low income applicant home buyers in accordance with all applicable Federal, State and County and local law. However, the Developer shall prioritize applicants as follows: a. South Miami Community Redevelopment Agency residents; b. City of South Miami Role Models, as defined by the South Miami Community Redevelopment Agency's Role Model Program, which program is incorporated by reference into this agreement; C. South Miami Community Redevelopment Agency Referrals; d. City of South Miami Residents; and e. General Public. The SMCRA shall have the sole discretion to resolve any conflict in the prioritization of applicants. However, the Developer shall have the right to determine the ultimate purchaser of the home in compliance with Developer's non profit purposes as provided under its bylaws and guidelines. 2. The Developer will commence work on the Improvements consisting of affordable single - family homes and complete construction not later than one year from the execution of this agreement. 3. Promptly after completion of the Improvements in accordance with approved plans and provisions of this instrument, the SMCRA shall furnish the Developer an appropriate instrument certifying to the satisfactory completion of the improvements. Such certification shall be in a form recordable in the Office of the Clerk of the Circuit Court of Miami -Dade County, Florida. Page 2 of 7 4. The Developer agrees for itself, its successors and assigns, to or of the property or any part thereof, that the Developer and such successors or assigns shall: Not discriminate upon the basis of race, color, religion, sex or national origin in the sale, lease or rental or in the use or occupancy of the property or any Improvements erected or to be erected hereon or on any part thereof, and this covenant shall be binding to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by the SMCRA, its successors and assigns, and any successor in interest to the property, or any part thereof. The SMCRA shall have the right in the event of any breach of any such covenants, to exercise all the rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of covenant, to which it or any other beneficiaries of such covenant may be entitled. 5. The Developer (or successor in interest), shall pay the real estate taxes or assessments on the property or any part thereof when due. Developer shall not suffer any levy or attachment to be made, or any material or mechanic's lien, or any unauthorized encumbrance or lien to attach except: a. Any mortgage(s) in favor or any institutional lender for the purpose of financing any hard costs or soft costs relating to the construction of the Improvements in an amount(s) not to exceed the value of the Improvements as determined by an appraiser; and b. Any mortgage(s) in favor of any institutional lender refinancing any mortgage of the character described in clause (a) hereof, in an amount(s) not to exceed the value of the Improvements as determined by an appraiser; and C. The recordation, together with any mortgage purporting to meet the requirements of clauses (a) or (b) above, of a statement of value by a Member of American Institute of Real Estate Appraisers ( "MAI "), (or member of any similar or successor organization), stating the value of the Improvements is equal to or greater than the amount of such mortgage(s), shall constitute conclusive evidence that such mortgage meets such requirements, and that the right of any reentry Page 3 of 7 hereunder shall be subject to and limited by, and shall not defeat, render invalid, or limit in any way, the lien of such mortgage. For purposes of this paragraph an "institutional lender" shall mean any bank, savings and loan association, insurance company, foundation or other charitable entity, real estate or mortgage investment trust, pension funds, the Federal National Mortgage Association, agency of the United States Government or other governmental agency. 6. Developer shall not transfer the property or any part thereof without consent of the SMCRA and shall not change the ownership or distribution of the stock of the Developer or with respect to the identity of the parties in control of the Developer or the degree thereof. 7. The Developer shall not transfer the property or any part thereof prior to the completion of the improvements, consisting of affordable single- family homes, and issuance of a Certificate of Completion and /or Occupancy for the homes by the proper authority for the residing jurisdiction. In addition to the warranty deeds, Grantee and any affordable housing purchaser shall be obligated to comply with an SMCRA deed restriction requiring the property to be purchased by an affordable housing purchaser, and any sale of the property over the next 15 years shall require sale to a subsequent affordable housing purchaser as defined by U.S. HUD guidelines and the SMCRA guidelines. 8. In the event the Developer shall violate or otherwise fail to comply with any of the covenants set forth herein or Schedule A attached herein, the Developer shall correct or cure the default/violation within thirty (30) days of notification of the default by the SMCRA. If Developer fails to remedy the default within thirty (30) days, the SMCRA shall have the right to reenter and take possession of the property and to terminate (and re -vest in the SMCRA) the estate conveyed by this Deed to the Developer, provided, that any such right to reentry shall always be subjected to and limited by, and shall not defeat, render invalid, or limit in any way the lien of any valid mortgage or Deed or Trust permitted by this Deed. In the event the Contractor fails to construct a residence and obtain the required CO within the time required by this deed, the Grantor shall have the right, but not the obligation, to cause Contractor to reconvey the Property to the Grantor, subject to any encumbrances against the Property filed by a third -party that has provided financing in connection with the development of the Property, for an amount equal to the tax assessed value of the property. The Contractor shall reconvey the marketable title to the Property only to the exceptions contained in the title policy issued Page 4 of 7 to the Contractor upon its receipt of the Property. If for any reason Contractor fails, neglects or refuses to reconvey the Property, the Grantor may seek specific performance to obtain the reconveyance, of the Property. In case of the failure of Contractor to per any of the covenants in this deed, at the option of the Grantor, this Agreement shall be forfeited and terminated, and Contractor shall forfeit any and all claims to the Property and execute a reverter deed, reverting title to the property to the Grantor. Contractor shall have no right or claim. for reimbursement for any expenditures incurred for the improvements made to the Property. All improvements made on the property shall be retained by the Grantor in full satisfaction and liquidation of all damages sustained by the Grantor, and the Grantor shall have the right to reenter and take possession of the premises and seek such self -help remedies as shall place the Grantor in exclusive possession of the premises to enforce the reverter clause provided for in this deed. This provision shall survive the closing and transfer of title to Developer. Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first above written. Witness Printed: Witness Printed: City of South Miami Community Redevelopment Agency I' , Stephen David, as Director Page 5 of 7 Y P SEAL STATE OF FLORIDA ) ) SS COUNTY OF MIAMI -DADE ) I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared, Stephen David, the person described in and who executed the foregoing Warranty Deed and acknowledged before me that he executed the same, and who presented as identification the following: , and he did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of March, 2008. Witness Printed: Witness Printed: LION Name: Notary Public Printed: Habitat for Humanity for Greater Miami Neighborhoods, Inc. Page 6 of 7 SEAL STATE OF FLORIDA ) ) SS COUNTY OF MIAMI -DADE ) I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared, , the person described in and who executed the foregoing Warranty Deed and acknowledged before me that he executed the same, and who presented as identification the following: . and he did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of March, 2008. Notary Public Printed: Page 7 of 7 EXHIBIT 113 PERFORMANCE BOND — ATTACHMENT B KNOW ALL MEN BY THESE PRESENTS that Habitat for Humanity of Greater Miami, Inc. as Principal, hereinafter called Contractor, and , as Surety, hereinafter called Surety, are held and firmly bound unto the City of South Miami, Florida Community Redevelopment Agency, South Miami, Florida, as Obligee, hereinafter called Owner, in the amount of - ------------------ _ ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a Agreement with Owner for: Contractor Agreement and Warranty deed for the construction of a low income, single family home at 6041 S.W. 63rd Street, South Miami, Florida with a legal description of: FRANKLIN SUB PB 5 -34 LOT 87 LESS S17.50FT BLK 15 & 7.5FT ALLEY LYG W & ADJ CLOSED PER R -92 -1515 LOT SIZE 57.500 X 200, of the Public Records of Miami - Dade County, Florida. [Folio No.: 09- 4025 -010 -0850] NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said Agreement set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said Agreement specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall remain in full force and effect, subject, however, to the following conditions: Any suit under this bond must be instituted before the expiration of one (1) month from the date of execution of the underlying Agreement and Warranty Deed. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the day of March, 2008. Page 1 of 9 WITNESS: CONTRACTOR Habitat for Humanity of Greater Miami, Inc. President COUNTERSIGNED BY (CORPORATE SEAL) RESIDENT FLORIDA AGENT OF SURETY: SURETY: (Copy of Agent's current ' License as issued by State of BY: Florida Insurance Commissioner shall be attached hereto) Page 2 of 9 CERTIFICATE AS TO CORPORATE PRINCIPAL I, certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary Corporate Seal ACKNOWLEDGEMENT OF ATTORNEY -IN -FACT SURETY STATE OF FLORIDA ) ss COUNTY OF MIAMI -DADE ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared , who says that he is the Attorney-in-Fact, for the (Surety) and that he has been authorized by the Surety to execute the foregoing bond on behalf of the Surety named therein in favor of the City of South Miami Community Redevelopment Agency, South Miami, Florida 33143. Said person is personally known to me, or has produced (specify type of identification, i.e., driver's license and number, state of issue, etc. and who did take an oath, or did not take an oath. WITNESS my hand and official seal, at the County and State aforesaid, on the day and year aforesaid. (Attach Power of Attorney) Notary Public State of Florida -at -Large My commission Expires: Page 3 of 9 INSURANCE REQUIREMENTS See Insurance Check List for applicability to this contract. A. The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that all times the contractor is acting as an independent contractor. B. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: ] . Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida. 2. Maintain Comprehensive General Liability Insurance in amounts prescribed by the City of South Miami Community Redevelopment Agency (see checklist for limits) to protect the contractor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connections with the work. This policy is to provide coverage for premises /operations, independent contractor, broad form property damage, products /completed operations and contractual liability. 3. Maintain Automobile Liability Insurance including Property Damage covering all owned, non -owned or hired automobiles and equipment used in connection with the work. 4. Maintain any additional coverage's required by the Risk Manager as indicated on the Insurance Check List. 5. Name the City of South Miami Community Redevelopment Agency as an additional insured on all liability policies required by this contract. When naming the City of South Miami Community Redevelopment Agency as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City of South Miami Community Redevelopment Agency will not be liable for the payment of any premiums or assessments. A copy of the endorsement(s) naming the City of South Miami Community Redevelopment Agency as an additional insured is required and must be submitted to the City of South Miami Community Redevelopment Agency's Director. Page 4 of 9 6. No charge or cancellation in insurance shall be made without thirty (30) days written notice to the City of South Miami Community Redevelopment Agency's Director. 7. All insurance policies shall be issued by companies authorized to do business under the laws of the state of Florida and these companies must have a rating of at least B +:VI or better per Best's Key Rating Guide, latest edition. 8. Original signed Certificates of Insurance, evidencing such coverage's and endorsements as required herein, shall be filed with and approved by the City of South Miami Community Redevelopment Agency's Director before work is started. Upon expiration of the required insurance, the franchisee must submit updated certificates of insurance for as long a period as any work is still in progress. 9. It is understood and agreed that all policies of insurance provided by the franchisee are primary coverage to any insurance or self - insurance the City of South Miami Community Redevelopment Agency possesses that may apply to a loss resulting from the work performed in this contract. C. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: In addition to the coverage stated in the body of the policy, the policy shall indemnify and hold harmless the City of South Miami Community Redevelopment Agency, a municipal redevelopment agency established under Chapter 163, Fla. Stat., its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and for all damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission by the franchisee, his agents, servants, or employees, or through the mere existence of the project under contract. The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of South Miami Community Redevelopment Agency, its officers, agents, and employees, as determined by a court of competent jurisdiction. The franchisee will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. 1. The franchisee will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of South Miami Community Redevelopment Agency under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. Page 5 of 9 D. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City of South Miami Community Redevelopment Agency's Director. E. The City of South Miami Community Redevelopment Agency will secure and maintain policies of subcontractors. All policies shall be made available to the City of South Miami Community Redevelopment Agency upon demand. Compliance by the franchisee and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Franchisee shall be as fully responsible to the City of South Miami Community Redevelopment Agency for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. F. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any franchisee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City of South Miami Community Redevelopment Agency shall have the right to terminate the franchise. G. If franchisee does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Director, may be considered. H. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with, respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insured hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. Property Damage Liability arising out of the collapse of or structural injury to any building or structure due to: a. Excavation (including burrowing, filling or backfilling in connection therewith), tunneling, pile driving, cofferdam work or caisson work, or; b. Moving, shoring, underpinning, raising or demolition of any building or structure, or removal or rebuilding of any structural support thereof. Page 6 of 9 Property Damage Liability for: a. Injury to or destruction of wires, conduits, pipes, mains, sewers to other similar property or any apparatus in connection therewith, below the surface of the ground arising from and during the use of mechanical equipment for the purpose of excavating or drilling, or, b. Injury to or destruction of property at any time resulting therefrom. The term "streets" includes alleys. In determining where a street or highway ends, all of the lane up to privately owned land shall be considered. Page 7 of 9 INSURANCE CHECK LIST XXX 1. Worker's Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2 . Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises /Operations; Products and Completed Operations; Independent Contractors; Broad Form Property Damage Endorsement and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability $1,000,000.00 - covering all owned, non owned and hired vehicles per occurrence combined single limit for bodily injury and property damage. 4. Excess Liability - $ coverages. 00 per occurrence to follow the primary XXX 5. The City must be named as an additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B +:VI or better, latest edition. Page 8 of 9 BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. Bidder Signature of Bidder Page 9 of 9 57:50 5A1 63 5T., Architectural Site Plan Front Elevation Mm. 11-M j i7h_q i�6 r It 7 J" Side Motion EL-,i ----- ---------- - Bear Elevation f i p I I U T. 9 IMPROMMURamlim, ib A M UJ Hi .AM > laug-1.07 1 0 N Tw 7 ED_ -------------- ----- Architectural Floor Plan r. T4 i NAMAT YNA AGENTAXEMARKIPLEMUMOMT91% Z DATE � ROJFCT 1 Siv - S Draviing-index ADDRESS sv-.93ST OWNER ", 5�WlffRV AACHITECTL CP. _ ------ ----- . ...... EXHIBIT C 5A1 63 5T., Architectural Site Plan Front Elevation Mm. 11-M j i7h_q i�6 r It 7 J" Side Motion EL-,i ----- ---------- - Bear Elevation f i p I I U T. 9 IMPROMMURamlim, ib A M UJ Hi .AM > laug-1.07 1 0 N Tw 7 ED_ -------------- ----- Architectural Floor Plan r. T4 i NAMAT YNA AGENTAXEMARKIPLEMUMOMT91% Z DATE � ROJFCT 1 Siv - S Draviing-index ADDRESS sv-.93ST OWNER ", 5�WlffRV AACHITECTL CP. _ ------ ----- . ...... EXHIBIT C 2 O a O. b m h 00\ 6` 4 ti o m Lo Y W U U 2 W C,8: W U x 2 U W Z ti U m k W m ¢ i!j J o a ° o c o o o a a y N C N v y C � N V C :ate � a ao c E E � m �= y O O �O� y � Z Z U *c9A V Ill09 Al S m o 0 p •� � p h O o N h a I _O b O zmZC� q�2 O 3 ) O U l� I I h CIO CO SZ m ° OS 'Z8 (W) , 96 ZS d0 0 L8 -87 oLo I MHO ;Lo Zb:l a o c 21 J � �o �n o _ Zti o cii m K I,sr I s, T J3nNY V '4709 M S �l 90uad 00! .00! h CX3 O , 001 awl h 00 N CIO � U 3 sae 3 -'C... 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W 5 Zg "' �— (W) ZO f8 d00 L9 -97 . ,SZ adid ias vs U U �O h p ' N . m� IN G N O ° U � V abi ` T I Q> >y H O N ° O � ;II � N N � O J � 0 0 N p a� C O ° rx m ° ° a 2 O a O. b m h 00\ 6` 4 ti o m Lo Y W U U 2 W C,8: W U x 2 U W Z ti U m k W m ¢ i!j J o a ° o c o o o a a y N C N v o = � � N V C :ate � a ao c E E � m O y � Z Z U O C Cyi O p •� � p h O O O a I .o.= h tia ti4 �4 tid mlW W U � 1,116 1,116 1 '1 m6 nl ¢r F e Z j W i i 4 O ti d o � o o � o i z W W o � o I m � h b Q Flo �, Imo W 2 to U ^op i Imo+ hh h 4 m to �. L U�J' W � 4i �ti o �o,Eo V H O j ,VZ o� � � y•o�na jq o Q 1 � L W a " y'•�ba.� � Co � `IJ U 2aO, wo =3arcga J h^ O y o ti o =oo, Making our Neighborhood a Great Place to Live, Work and Play ' To: Honorable Chair an Date: April 14, 2008 SMCRA Boar-d'Members 17 From: Stephen David ITEM No. SMCRA Directo AUTHORIZATION TO ISSUE PURCHASE OFFER FOR 6082 SW 63'd STREET A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA), RELATING TO REAL PROPERTY; AUTHORIZING THE SMCRA DIRECTOR TO ISSUE A FORMAL PURCHASE OFFER OF $20,000 IN ADDITION TO THE SMCRA PAYING FOR THE OUTSTANDING PROPERTY TAXES ON VACANT RESIDENTIAL PROPERTY LOCATED AT 6082 SW 63RD STREET, FOLIO NUMBER 09- 4025- 010 -0770 FOR THE PURPOSE OF DEVELOPING AFFORDABLE HOUSING; AND PROVIDING AN EFFECTIVE DATE BACKGROUND During a prior meeting, the Board requested a second appraisal of a vacant residential property located at 6082 SW 63rd Street. The initial appraisal of the property indicated an appraised value of $95,000. The second appraisal was based largely on the fact that the 6.082 SW 63rd Street is an undersized, half -lot that is approximately 2,250 square feet in area with 25 feet of actual frontage (See Exhibit A). The appraised value of $20,000 appears to be a much more accurate reflection of the value of the property. The current administrator of the property has indicated interest in the owner selling the property for the value of the second appraisal in addition to the SMCRA paying the outstanding taxes on the property in the current amount of $1,313.64. Approval of the attached resolution shall authorize the SMCRA Director to issue a formal letter of intent to purchase the above referenced property for a total amount of $21,113.64. RECOMMENDATION Staff recommends approval of the attached resolution authorizing the SMCRA Director to issue a formal letter of intent to purchase 6082 SW 63rd Street for a total contract amount of $21,113.64. Attachments: Draft Resolution Property Assessment Information SD\ \MCGRUFF\PLANNING\Authorization To Issue a Purchase Offer For 6082 SW 64" Terrace.doc 1 2 RESOLUTION NO. 3 4 5 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY 6 REDEVELOPMENT AGENCY ( SMCRA), RELATING TO REAL 7 PROPERTY; AUTHORIZING THE SMCRA DIRECTOR TO ISSUE 8 A FORMAL PURCHASE OFFER OF $20,000 IN ADDITION TO 9 THE SMCRA PAYING FOR THE OUTSTANDING PROPERTY 10 TAXES ON VACANT RESIDENTIAL PROPERTY LOCATED AT 11 6082 SW 63RD STREET, FOLIO NUMBER 09- 4025 - 010 -0770 FOR 12 THE PURPOSE OF DEVELOPING AFFORDABLE HOUSING; AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, the property known as 6082 SW 63rd Street, Folio No. 09- 16 4025 -010 -0770, is a vacant, half -lot located in the SMCRA; and, 17 18 WHEREAS, the other half of the full lot (eastern portion) was split several 19 years ago from the subject site and was deeded to Habitat for Humanity of Greater 20 Miami, Inc. by Miami -Dade County; and, 21 22 WHEREAS, the remaining half -lot is represented by the court appointed 23 administrator for the estates of Mr. Harrell and Ms. Byron; and, 24 25 WHEREAS, the property administrator has contacted the SMCRA to see if 26 the Agency is interested in purchasing the remaining half -lot; and, 27 28 WHEREAS, as a result, the SMCRA initiated two appraisals of the 29 property to determine the proper valuation of the site; one valuation reflecting a 30 value of $95,000 and the second reflecting a value of $20,000; and, 31 32 WHEREAS, the Miami -Dade County Property Appraiser reflects an 33 assessed value for the site of $59,593.00; and, 34 35 WHEREAS, as the half lot is a non - buildable parcel (without the other half 36 lot or the addition of another parcel of land), the appraised value of $20,000 37 appears to be a more accurate reflection of the value of the land; and, 38 39 WHEREAS, the property administrator has contacted the SMCRA and has 40 expressed verbal interest of the. property owners potentially accepting an offer to 41 sell the property for $20,000 in addition to the SMCRA paying for the outstanding 42 taxes on the property in the current amount of $1,313.64 43 Additions shown by underlining and deletions shown by evefstfikiii I WHEREAS, the SMCRA desires to additional facilitate affordable housing 3 opportunities within the SMCRA area. 4 5 NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH MIAMI 6 COMMUNITY REDEVELOPMENT AGENCY: 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 Section 1. The South Miami Community Redevelopment Agency Board authorizes the SMCRA Director to issue an offer to purchase the Byron/Harrell property known as 6090 SW 63rd Street, Folio No. 09- 4025- 010 -0770 for a total amount of $21,313.64. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: South Miami Community Redevelopment Agency Clerk READ AND APPROVED AS TO FORM: day of April, 2008. APPROVED: Chairperson Horace Feliu Board Vote: Chairperson Feliu: ViceChairperson Beasley: Board Member Wiscoimbe: Board Member Palmer: Board Member Beckman: Board Member R. Williams: Board Member L. Williams: Eve A. Boutsis, Office General Counsel South Miami Community Redevelopment Agency Page 2 of 2 Miami -Dade My Home My Home Bo v a- o 0 Show Me: Property Information Search By: Select Item Text only Property Appraiser Tax Estimator Summary Details: Folio No.: 94025- 010 -0770 Property: 082 SW 63 ST Mailing MAUDE LANE BYRON & Address: ROBERT HARRELL Livinq Units: 082 SW 63 ST MIAMI FL Adj Sq Footage: 33143 -2280 Pronertv Information: Primary Zone: 0100 SINGLE FAMILY RESIDENCE CLUC: 0081 VACANT LAND Beds /Baths: 0/0 Floors: 0 Livinq Units: 0 Adj Sq Footage: 0 Lot Size: 2,250 SQ FT Year Built: 0 Legal Description: FRANKLIN SUB PB 5 -34 1/2 OF LOT 83 LESS N10FT BLK 13 LOT SIZE 5.000 X 90 OR 16546- 3468 10944 Sale Information: Sale O /R: Sale Date: 10/1994 Sale Amount: 0 Assessment Information: Year: 2007 2006 Land Value: $59,593 $42,651 Building Value: $0 $0 Market Value: $59,593 $42,651 Assessed Value: $59,593 $42,651 -Total Exemptions: $0 $0 axable Value: 1 $59,593 $42,651 Additional Information: Community Development District Community Redevelopment Area Empowerment Zone Enterprise Zone Land Use Urban Development Boundary Zoning Non -Ad Valorem Assessments 0 EXHIBIT A IL 7` S"W_N0 t _ YI 52ND TER« _ 4 T �._' r .F1 iw WRO IFX i : • t�a10 x x NLROEE OR ' ;nom Ri o F sw o ' •%� ra 7 ;r - TER Digital Orthophotography - 2007 0 - 109 ft ,V, We appreciate your feedback, please take a minute to complete our survey. My Home I Property Information I Property Taxes I My Neighborhood I Property Appraiser Home I Using Our Slte I About I Phone Directory I Privacy I Disclaimer If you experience technical difficulties with the Property Information application, please click here to let us know. E -mail your comments, questions and suggestions to Webrnacter Web Site © 2002 Miami -Dade County. All rights reserved. Legend Property eeol Boundary http://gisims2.miamidade.gov/myhome/propmap.asp 4/10/2008 Selected Property #Af Street jpwf Highway Miami -Dade County Water http://gisims2.miamidade.gov/myhome/propmap.asp 4/10/2008 zoo, 'Making our Neighborhood a Great Place to Live, Work and Play' To: Honorable Chair and SMCRA Boa embe From: Stephen . David SMCRA Direct Date: April 14, 2008 ITEM No. GRANT AGREEMENT WITH THE ASSOCIATED ' GENERAL CONTRACTORS OFAMERICA A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO EMPLOYMENT TRAINING; AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO AGREEMENT WITH THE SOUTH FLORIDA CHAPTER OF THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA FOR GRANT FUNDING IN AN AMOUNT NOT TO EXCEED $22,500 TO PROVIDE EMPLOYMENT TRAINING AND PLACEMENT SERVICES FOR ELIGIBLE SOUTH MIAMI RESIDENTS; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND During the prior budget year, the Board approved budgeted line item funding in the amount of up to $22,500 to provide apprentice job training services for eligible South Miami residents. The selected job training program is the American General Contractors of America (AGC) with whom the SMCRA has developed a productive, long - standing relationship. During the 06/07 Budget Year, the AGC Program provided eligible residents with 72 hours of comprehensive coursework in the general construction industry. Out of a total of over 50 original applicants, 12 students graduated from the program on November 1.9, 2007 (See Exhibit A). Each student received required construction gear as well as OSHA certification which will greatly enhance employment opportunities for all graduating students. Recently graduated students will also be employed on the upcoming Red Roads Commons Project. Included in the adopted 07/08 Budget, funding in the amount of $22,500 was allocated for implementation of this year's program. As indicated in the attached agreement, funding shall be allocated on a reimbursable basis upon satisfactory completion of 72 hours of formalized training for up to 15 students including job placement assistance for the graduates (See Exhibit B). Approval of the attached resolution shall authorize the SMCRA Director to enter into a grant agreement with the American General Contractors of America to provide 72 hours of formalized training for up to 15 South Miami residents. RECOMMENDATION: Staff recommends approval of the attached resolution authorizing the SMCRA Director to enter into agreement with the South Florida Associated General Contractors to facilitate job training and placement services for South Miami residents.. Attachments: Draft Resolution South Miami Graduation Article SD \CRA\Apprenticeship Training Program Grant Agreement.doc I RESOLUTION NO. 2 3 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY 4 REDEVELOPMENT AGENCY ( SMCRA) RELATING TO 5 EMPLOYMENT TRAINING; AUTHORIZING THE SMCRA DIRECTOR 6 TO ENTER INTO AGREEMENT WITH THE SOUTH FLORIDA 7 CHAPTER OF THE ASSOCIATED GENERAL CONTRACTORS OF 8 AMERICA FOR GRANT FUNDING IN AN AMOUNT NOT TO EXCEED 9 $22,500 FOR EMPLOYMENT TRAINING AND JOB PLACEMENT 10 SERVICES FOR ELIGIBLE SOUTH MIAMI RESIDENTS AND 11 CHARGING THE TOTAL AMOUNT TO ACCOUNT NO. 610- 1110 -551- 12 99 -32 (WOUNDED HEALERS /APPRENTICESHIP JOB TRAINING 13 PROGRAMS); AND PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, On October 17, 2006, the Board adopted the SMCRA 07/08 16 Budget which included line item funding in an amount up to $22,500 for the South 17 Florida Associated General Contractor's (SFAGC) Apprentice Program; and 18 19 WHEREAS, the South Florida Associated General Contractors is the 20 oldest construction organization in Florida and is one of the largest construction 21 training providers in the State of Florida; and 22 23 WHEREAS, during the 06/07 Budget Year, the SMCRA allocated grant 24 funding in an amount up to $22,500 to the South Florida Associated General 25 Contractors to implement the Program; and 26 27 WHEREAS, during the 06/07 Budget Year, the Associated General 28 Contractors graduated 12 South Miami residents out of a total of over 50 29 interested applicants and have secured full -time positions for the 12 graduates on 30 the upcoming Red Roads Commons Project; and 31 32 WHEREAS, as a result of the program unskilled SMCRA residents have 33 been given the opportunity to obtain gain hands -on job training and placement 34 assistance; and 35 36 WHEREAS, employment training and job placement is also an integral 37 part of any comprehensive approach towards community redevelopment. 38 39 WHEREAS, the SMCRA desires to continue to implement this valuable 40 employment training program. 41 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 NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY BOARD FOR THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The South Miami Community Redevelopment Agency ( SMCRA) authorizes the SMCRA Director to enter into a grant agreement with the South Florida Chapter of the Associated General Contractors (SFAGC) for a total grant amount not to exceed $22,500 for apprenticeship training and job placement for South residents and charging Account No. 610 - 1110 - 551 -99 -32 (Wounded Healers /Apprenticeship Job Training Programs) Section 2. All SMCRA funding disbursements to the South Florida Chapter of the Associated General Contractors shall be contingent upon the satisfaction completion of all terms and conditions outlined in the agreement attached as Exhibit B. Section 3. Following funding disbursement, the remaining balance in Account No. 610 - 1110 - 551 -99 -32 (Wounded Healers /Apprenticeship Job Training Programs) shall be 27,500. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ATTEST: City of South Miami Community Redevelopment Agency Clerk READ AND APPROVED AS TO FORM Eve A. Boutsis, General Counsel day of April 2007. APPROVED: Chairperson Feliu Board Vote: Chairperson Feliu: Vice Chairperson Beasley: Board Member: Wiscombe Board Member Palmer: Board Member Beckman: Board Member R. Williams: Board Member L. Williams: SFAGC Carpentry Apprenticeship Program: State Certified and Nationally Recognized With College Credits By Izett Scott, SFAGC Apprenticeship Director pprenticeship training is the oldest and most reliable way of transferring knowledge and skills from one generation .to another. Apprenticeship came to American soil by way of England and has since been the first step on the road to economic independence for millions of Americans in most voca- tional trade and skills. During the colonial period, as late as 1740 Philadelphia, the largest colonial city possessed 13,000 inhabit- ants. Even then, neither the training of slaves nor the immigration of skilled European workmen was sufficient to satisfy the demand of the ever - growing need for a skilled workforce. Records indicate that between 1716 and 1745, the city of Philadelphia recorded 149 indentures in 33 crafts. As time progressed, the need only got worst. As a result, in 1989 with a class of three students, the SF chapter of the AGC embarked on a mission to educate workers for the construction industry, primarily for the trade of carpentry. Since then, the AGC carpentry apprenticeship training program hastaken center stage in providing training at the highest level for hundreds of men and women and has also gained the repu- tation as being the best provider of carpentry education in South Florida. The evidence can be seen in the over- whelming enrolment of 158 students in the first semester of school year 2007 -08, which began on August 20, 2007. This semester, 29 construction companies in South Florida have chosen AGC, not only for the improvement of the skills of their current employees, but also to train their new employees. EXHIBIT A Among those companies are the following: Pavarini Construction, Gryphon Construction Company, Coscan Construction, Beauchamp Construction, Baker Concrete Construction, Southland Forming, Formworks, United Forming, Moss and Associates, R &K Construc- tion, Tala Construction, Oak Construction, B &B Interior Systems, Roepnack Corporation, Turnkey Construction Co. Flagler Construc- tion, United Forming and others. If the name of your company was not mentioned, it could be that your competitors are keeping this good news to themselves; while using this state - funded training program to raise the competency of their employees, in order to keep moving ahead and out perform others in the construction industry. Pre- Apprenticeship The AGC pre- apprenticeship training course is second to none; at no cost to the employers. We enroll individuals with no experi- ence in construction, new to the industry. We train them to read measurements and to speak and understand the language of construction, identify construction equipments, construction mate- rials and the tools of the trades. They are also trained in safety, each receiving OSHA 10 -hour certification. Having received this training, these men and women are now ready for their place in any of the construc- tion trades. In addition to this wonderful apprentice- ship opportunity for carpenters, the AGC also provides other educational oppor- tunities for super- Graduates of the South Miami Pre - apprenticeship program with city council members and city manager. 24 South Florida CONSTRUCTOR intendents and others whose aspirations may lead them in that direction. The Supervisory Training Program (STP) is a program designed especially for leaders in the construction trader; a series of 10 separate units of lessons in leadership and motivation, problem solving and decision making, planning and scheduling, accident prevention and loss control, productivity improvement, just to name a few. This is a course that every good superinten- dent needs to make them better at what they do; no interruption of work time, no classroom attendance and, for your convenience, this course is offered online. YCF The Young Constructors Forum is another excellent opportunity provided by the AGC for young professionals in the construction industry to network, exchange ideas and discuss important issues relevant to their profession, with access to many different train - ings programs which include national conferences on leadership development. These young professionals function under the direct guidance of well- seasoned professionals. AGC Graduates Third Pre - Apprenticeship Program In late November 2007, the SFAGC and the City of South Miami graduated another class in their successful effort to train "hard - to- employ" individuals from the community. Thanks to Coastal Construction; all graduates are guaranteed an opportunity to work on the company's new project in South Miami. ■ o Law Offilces / ViflCefll EV301eh, P.A. Q Litigation /Arbitration /Mediation Q Bid Protests Q Construction Liens er Bond Claims Q Contract Negotiations Q Defect /Delay Claims Q Administrative & Government Law Q Sub Guard Insurance Claims 0 Builder's Risk & General Liability Insurance Coverage ( Claims 18851 N.E. 29th Ave., Suite 304,Aventura, Florida 33180 Phone: 305.932.4044 Fax: 305.932.4990 www.v - law.net THE HIRING OF A LAWYER IS AN IMPORTANT DECISION THAT SHOULD NOT BE SOLELY BASED UPON ADVERTISEMENTS. BEFORE YOU DECIDE, ASK US TO SEND YOU FREE WRITTEN INFORMATION ABOUT OUR QUALIFICATIONS & EXPERIENCE. oYearn! ry6w �p6EHE17A�� e Of AMfK�� r"' �evvas.n�J`, mecum Here are just a few of our completed projects The Q Club Resort Hotel Ft. Lauderdale, FL. '- 'United Way'Children's Facility . �;Iacksonvilllenternationej m Aiiport Expansion Phases 11 11, 111 f rJacksonville, FL/ bowntown a`t�he Gardens\ Shoaulnq Mall and1iaracie Ball Florida fGainesville,�, ' The Lucerne Condominium ^ Lake,Wo�04 FL. ,�j Uni rsity "iami Clin al Research �etility Miami„ FL. _ , Trump Palace /Ocean Grande Sunny Is13iF1. We've built our reputation one project at a time! For over 40 years, Dixie Metal Products, Inc. has specialized in: • Miscellaneous Metals • Custom Stairs & Railings • Fabrication • Specialty Items • Galvanizing & more... We service all of Florida: Indusrria4 Commercial multi -story Construction Dixie Metal Products, Inc. Boynton Beach, FL /Ocala, FL. (800) 883 -0099 www.di)demetals.com agor<�r :fie eIstaaaae � � aaaaaaaal� s:, i aaeaaaaaa es.a:aaaa>i v 5aaaa;lC9a$ fil�a�lsaalu.: JJi IN i Ate• loan South Florida CONSTRUCTOR 25 EXHIBIT B AGREEMENT BETWEEN THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AND SOUTH FLORIDA CHAPTER OF THE ASSOCIATED GENERAL CONTRACTORS THIS AGREEMENT is made this day of , 2008, between the South Miami Community Redevelopment Agency ( SMCRA) and the South Florida Chapter of the Associated General Contractors (SFAGC) WHEREAS, the SMCRA and SFAGC desire to coordinate their efforts in. the planning and operation of the project identified in Exhibit 1 to provide a journeyman apprenticeship training program for SMCRA residents and desire to enter into this agreement to memorialize their obligations and responsibilities in regard to this project. NOW THEREFORE, in consideration of the covenants and agreements below, the parties agree as follows: 1. Project Scope. SFAGC will provide labor to accomplish the project with a scope of services to be rendered under Exhibit B1. 2. Training. All apprenticeship training shall be performed by SFAGC's representatives. 3. Term. All apprenticeship employment training and placement services provided by the South Florida Chapter of the Associated General Contractors the shall be completed by no later than September 31, 2007. 4. Payment. The SMCRA shall make payment to SFAGC for the services to be provided, as provided under the AGC Pre - Apprenticeship Program Profit and Loss sheet attached as Exhibit B2. 5. No Interest Due to Late Payments. The SMCRA shall make payment to SFAGC within 30 days. of receipt of the original written invoice and sufficient backup documentation and acceptance of the work by the SMCRA. No interest shall accrue on unpaid invoices. SFAGC shall not be entitled to any carrying charges or finance fees due to late payment by the SMCRA. 6. Termination Without Cause. The performance of services under this agreement may be terminated upon ten (10) days written notice from the SMCRA. Page 1 of 4 SMCRA SFAGC In the event of termination by the SMCRA, SFAGC shall not be entitled to any. compensation other than that earned during the period up to termination. SFAGC may terminate this agreement by giving sixty (60) days written notice to the SMCRA, and no compensation shall be given to SFAGC after the day the notice is received by the SMCRA. 7. Independent Contractor. SFAGC, its employees and agents shall be deemed independent contractors and not agents or employees of SMCRA, and shall not attain any rights or benefits generally afforded SMCRA employees. 8. Venue and Jurisdiction. This agreement shall be governed by and construed in accordance with the Laws of the State of Florida, and venue for any action shall be in Miami -Dade County, Florida. 9. Sovereign Immunity and Attorney's Fees: The SMCRA does not Waive sovereign immunity for any claim for breach of contract or for an award of prejudgment interest; provided, however, that in any action arising out of or to enforce this contract, the prevailing party shall be entitled to its reasonable attorney's fees and costs. 10. Assignment. SFAGC may not assign, or transfer this agreement or any part of this agreement. 11. Authorized Agent. The SMCRA and SFAGC shall each designate one person who shall be authorized representatives with respect to this agreement. The representative of the SMCRA shall be the Executive Director; the representative of SFAGC shall be provided at the time of the joint execution of this agreement. 12. Notices. All notices given 'or required under this contract shall be deemed sufficient if sent by certified mail, return receipt requested, to the addresses of the contractor and to the SMCRA specified in this contract, unless either party shall specify to the other party a different address for the giving of the notices. Page 2 of 4 SMCRA SFAGC Contracting Officer Representation. For the purposes of this contract, the contracting officers are as follows: To the SMCRA: The City of South Miami Community Redevelopment Agency SMCRA Director 6130 Sunset Drive South Miami, Florida 33143 To SFAGC: Lenard D. Mills, Executive Vice President South Florida Associated General Contractors Post Office Box 267607 Sunrise, Florida 333,26 15. Force Majeure. Neither party shall hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen and prevented. For this purpose, such acts or circumstances shall include, but not be limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties shall use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. 16. Sovereign Immunity. The SMCRA desires to enter into this agreement only if in so doing, the SMCRA can place a limit on the SMCRA's liability for any cause of action or claim arising from this agreement, so that the liability be limited to a maximum of $22,500. Accordingly, and notwithstanding any other term or condition of this agreement, SFAGC agrees that the SMCRA shall not be liable to SFAGC for damages in an amount in excess of $22,500 for any action or claim arising out of this agreement. Nothing contained in this paragraph or elsewhere in the agreement is in any way intended to be a waiver of the limitation placed upon the SMCRA's liability as set forth in Section 768.28, Florida Statutes. 17. Indemnification. SFAGC shall indemnify and hold harmless the SMCRA,; its officers, employees, agents and Commissioners from any and all liability, losses or damages, including attorney's fees and costs of defense, which the SMCRA, its officers, employees, agent and Commissioners may incur as a result of claims, demands, suits, causes of actions or proceeding of any kind or nature arising out of the negligence of SFAGC relating to this agreement. SFAGC Page 3 of 4 SMCRA SFAGC shall pay all claims and losses and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the SMCRA, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue. SFAGC expressly understands and agrees that any insurance protection required by this agreement or otherwise provided by SFAGC shall in no way limit the responsibility to indemnify, keep and save harmless and defend the SMCRA or its officers, employees, agents and Commissioners. Nothing shall be construed to effect or waive the SMCRA's limits of liability provided in Section 768.28, Florida Statutes. 18. Entire Agreement. The agreement constitutes the entire agreement between the SMCRA and SFAGC in regard to the subject matter and supercedes all prior or contemporaneous communications, representations, or agreements, whether oral or written. It has been induced. by no representations, statements, or agreements, other than those expressed. No agreement hereafter made between the parties shall be binding on either party unless reduced to writing and signed by the authorized representative of the parties. 19. Severability. If any provision or provisions of this agreement shall to any extent be invalid or unenforceable, the remainder of this agreement shall not be affected thereby and the remaining provisions shall be valid and enforceable to the fullest extent. 20. Miscellaneous Provision. In the event a court must interpret any word or provision of this agreement, the word or provision shall not be construed against either party by reason of drafting or negotiating this agreement. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives, as follows: The City of South Miami Community South Florida Associated General Redevelopment Agency Contractors LO U8.2 SMCRA Director Approved as to form: By: Lenard D. Mills, Executive Vice - President Eve A. Boutsis, General Counsel Page 4 of 4 SMCRA SFAGC EXHIBIT B1 Mac �qb� South Florida Chapter P.O. Box 267607 Sunrise, Florida 33326 Telephone (954) 693 -9322 Fax (954) 382 -5748 Consultant Services for the Development of a Comprehensive Construction Training Program Organizadon Pmfrle and Qualifications A Journey to Success "Success is a Journey, Not a Destination"... Just Dreaming Doesn't Work. We provide a launching pad to a career in America's biggest industry. The Proposer The South Florida Associated General Contractors is the oldest construction organization in Florida, chartered in 1922, and one of the largest construction training providers in the state. We have trained and placed hundreds of graduates from our Journeyman Apprenticeship Training Program since we were first certified by the State of Florida and the U.S. Government Department of Labor in 1988. All certifications are available for inspection. Size The SFAGC is a local chapter of the largest commercial construction organization in the United States, the Associated General Contractors of America, headquartered in Arlington, Virginia. Our local chapter represents contracts, subcontractors, suppliers and construction professionals in Miami -Dade and Broward counties, and we have many members from other counties and other states and nations. Please see our webpage www.sfage.org for details of our membership. Range of Activities and Services The range of activities and services provided by the SFAGC are too numerous to explain here. They are contained on our webpage and in the attached membership recruitment document, "15 Good Reasons...". For the purposes of this proposal, the range of activities and services particular to training and placement of students are: • The SFAGC has operated since 1988 a Carpentry Apprenticeship Program in Broward County • The SFAGC has operated since 2005 a Carpentry Apprenticeship Program in the City of South Miami • There are currently 127 students in these programs • The SFAGC has operated two pre - apprenticeship and placement programs in the City of South Miami since 2005, with sixty -eight registrants. Although we promised best efforts to secure fifteen jobs, we actually provided seventeen jobs for students. • The SFAGC operated a pre - apprenticeship and placement program in the City of Pompano Beach in 2006, with thirty -four registrants. Twenty-six graduated and all were given employment opportunities with local contractors. • The SFAGC has the first Safety Training Program for Construction in Florida, having received grants from the U.S. Department of Labor (OSHA). • The SFAGC is the ONLY construction organization in Florida with a full partnership agreement with OSHA (the Construction Health And Safety Excellence program "C.H.A.S.E. ") Under these programs, the SFAGC has trained thousands (over 8,000 at latest count) construction workers in safety techniques, dramatically reducing the fatalities and accidents in construction in South Florida. Expertise in, and Experience with Similar Programs The SFAGC conducted, under a similar program and grant, a program to train and place individuals who were unemployed in the City of South Miami. The results of the program are documented above. The City of South Miami obviously was pleased with the results and funded the second phase of the program in 2006 and are seeking to continue the program in 2007. Additionally, the SFAGC conducted a program in partnership with the City of Pompano Beach and HUD early in 2006, the results of which are documented above. Primary Individuals for Supervising the t3'ork The following individuals will be responsible for the program: • Management: o Leonard D. Mills, Executive Vice President/CEO of SFAGC (resume attached) • Director of Training: o Izett Scott, Apprenticeship Director for SFAGC (resume attached), certified instructor by Broward County • Trainer: o Darryl McIntosh, Apprenticeship Coordinator for SFAGC (resume attached) certified instructor by Broward County • Safety Training to be provided by am member of the SFAGC Safety Committee. Recent and Pertinent References Please see attached letters from The City of South Miami Manager Maria Davis and past-Mayor Ana Price Scope of Services The SFAGC will provide the following services: • Provide classes of at least 72 hours of duration that will provide students with the basic elements of training to qualify them for placement as laborers, or higher, in the construction industry • Classes will give special emphasis on safety training, the major concern of construction employers • The complete curriculum is submitted herein. • The SFAGC will assist to the best of its ability, the recruitment of students. This includes presentations to civic and faith-based groups to explain to potential students the benefits of a career in construction. • The SFAGC will provide for each and every graduate of the program an employment opportunity with selected contractors in the South Florida area • The SFAGC will provide each and every graduate with entry equipment including tool belt, hard hat, safety shoes, shirts and trousers that will assist them in presenting a sense of commitment to an employer of their desire to further their future in construction, • The SFAGC will provide "follow -up" services for graduates to assist them in furthering their careers, including preference in appointment to the Carpentry Apprenticeship program, placement in other apprenticeship programs and references to the University of Florida Rinker School of Building Construction and the Florida International University School of Construction Management • The SFAGC will provide these services during the two classes scheduled in 2007. Additional Data Additional data includes: • Resumes of primary individuals • Description of Services provided by SFAGC • Curriculum • Letters of Reference • Budget for the Project Minority and Women Owned Participation The SFAGC does not discriminate based on race or gender. Conflicts of Interest We are assured that no one on our training team has any employment or other association with the City of South Miami. We cannot determine who, among our contractors, subcontractors and future contractors and subcontractors have contractual relationships with the City of South Miami. AGC Pre - Apprenticeship Program EXHIBIT B2 Profit/Loss and Budget City Of South Miami Preapprenticeship Classes Actual for Class Actual for Class Budget for Class Held Held To Be Held Aug 17 - Nov 30, 05 Aug 15 - Nov 15, 07 May 14 - Aug 12, 08 Ordinary Income /Expense Income INCOME Miscellaneous Income 22,500.00 22,500.00 22,500.00 Broward County School Contract 0.00 0.00 0.00 AGC Member Participation 0.00 0.00 0.00 Book Fees 0.00 0.00 0.00 Total INCOME 22,500.00 22,500.00 22,500.00 Total Income 22,500.00 22,500.00 22,500.00 Expense EXPENSES Class Projects Project Supplies 6.36 0.00 0.00 Tools & Graduate Kits 197.51 417.96 425.00 Books & Supplies 77.56 231.15 250.00 Total Class Projects 281.43 649.11 675.00 Instructor Expenses Instructor Suppliments 1,100.00 3,482.00 3,500.00 Miscellaneous Instructor Expens 50.00 0.00 0.00 Total Instructor Expenses 1,150.00 3,482.00 3,500.00 Coordinator Expenses Coordinator Salaries 15,750.00 8,750.00 10,750.00 Payroll Taxes 1,000.13 551.25 551.25 Health Insurance 279.06 279.06 375.00 Auto and Travel 1,716.50 1,050.00 1,200.00 Computer & Other Equipment 100.00 100.00 100.00 Cell Phone 256.77 305.00 300.00 Total Coordinator Expenses 19,102.46 11,035.31 13,276.25 Administration Secretarial & Bookkeeping 750.00 750.00 750.00 Managerial 1,000.00 1,000.00 1,000.00 Rent & Utilities 415.62 415.62 435.00 Office Telephone 110.82 110.82 125.00 Liability Insurance 332.50 332.50 350.00 Workers Compensation Insurance 243.39 243.39 240.00 Postage 25.00 25.00 30.00 Accounting & Audit 66.50 66.50 75.00 Office Supplies, Printing, etc. 751.48 590.00 600.00 Miscellaneous Admin Expenses 288.16 0.00 0.00 Payroll Expenses 0.00 0.00 0.00 Total Administration 3,983.47 3,533.83 3,605.00 Total EXPENSES 24,517.36 18,700.25 21,056.25 Total Expense 24,517.36 18,700.25 21,056.25 Net Ordinary Income - 2,017.36 3,799.75 1,443.75 Net Income - 2,017.36 3,799.75 1,443.75 Page 1 of 1 2001 "Making our Neighborhood a Great Ploce to Live, Work and Play" To: Honorable Chair and Date: April 14, 2008 SMCRA Boar Dembers From: Stephen David ITEM No. SMCRA Direct DISCRETIONARY FUND DISBURSEMENT- BOARD MEMBER PALMER A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO BOARD MEMBER DISCRETIONARY FUND DISBURSEMENT; AUTHORIZING THE SMCRA DIRECTOR TO DISBURSE FUNDING IN THE AMOUNT OF $500 TO THE CHURCH OF HIGHER PRAISE AND WORSHIP $250 TO THE SOUTH MIAMI ALLIANCE FOR YOUTH ORGANIZATION; AND $250 TO THE SOUTH MIAMI GREY GHOST CHEERLEADERS AND CHARGING THE TOTAL AMOUNT TO ACCOUNT NO. 610 - 1110 - 554- 99 -25, BOARD MEMBER DISCRETIONARY FUNDS (BOARD MEMBER PALMER); AND PROVIDING AN EFFECTIVE DATE BACKGROUND SMCRA Board Member Discretionary Funds are included in the FY 06/07 Budget to be utilized by Board Members to facilitate economic development opportunities and general assistance within the SMCRA Community. Each Board Member is provided with an annual allocation of $1,000. Board Member Palmer recently requested that $500 of her total allocation be disbursed to the Church of Higher Praise and Worship to facilitate their monthly community outreach program which provides food, clothing and general assistance to South Miami residents in need of assistance; $250 to the South Miami Alliance for Youth Organization who currently provide a vital community service by offering organized recreational opportunities for South Miami youth. The remaining portion of Board Member's discretionary funds ($250) shall be disbursed to the South Miami Grey Ghost Cheerleaders to facilitate organized sports activities for South Miami youth and continued support of the Grey Ghost Football Team. RECOMMENDATION Staff recommends approval of the attached resolution authorizing discretionary funding disbursements of $500 to the Church of Higher Praise & Worship; $250 to the South Miami Alliance for Youth; and $250 to the Grey Ghost Cheerleaders. Attachments: Letter of Request for Assistance From The Church of Higher Praise & Worship Alliance for Youth Scholarship Announcement SD \ \MCGRUFF \PLANNING \C R A\ Discretionary Fund Disbursement - Board Member Palmer.doc 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY 4 REDEVELOPMENT AGENCY ( SMCRA) RELATING TO BOARD 5 MEMBER DISCRETIONARY FUND DISBURSEMENT; AUTHORIZING 6 THE SMCRA DIRECTOR TO DISBURSE FUNDING IN THE AMOUNT 7 OF $500 TO THE CHURCH OF HIGHER PRAISE AND WORSHIP $250 8 TO THE SOUTH MIAMI ALLIANCE FOR YOUTH ORGANIZATION; 9 AND $250 TO THE SOUTH MIAMI GREY GHOST CHEERLEADERS 10 AND CHARGING THE TOTAL AMOUNT TO ACCOUNT NO. 610 -1110- 11 554- 99 -25, BOARD MEMBER DISCRETIONARY FUNDS (BOARD 12 MEMBER PALMER); AND PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, one of the goals of the Agency is to assist a blighted community and 15 to ensure that the community does not deteriorate further; and 16 17 WHEREAS, Board Member discretionary funding is listed as a budgeted line 18 item in the FY 07/08 Budget. Discretionary funding provides individual Board Members 19 with $1,000 in annual discretionary funding to be used within the SMCRA District for 20. economic development purposes and assistance to the SMCRA Community; and 21 22 WHEREAS, Board Member Palmer seeks to allocate $500 of her 07/08 23 discretionary funds to the Church of Higher Praise and Worship to the to facilitate their 24 on -going monthly community outreach program; and 25 26 WHEREAS, Board Member Palmer seeks to allocate $500 of her 07/08 27 discretionary funds to the South Miami Alliance for Youth Organization to facilitate the 28 provision of recreational opportunities for South Miami youth; and 29 30 WHEREAS, Board Member Palmer seeks to allocate the remaining portion of her 31 of her 07/08 discretionary funds in the amount of $250 to the Grey Ghost Cheerleaders to 32 facilitate organized sporting activities for South Miami CRA Youth and to encourage the 33 continued support of the Grey Ghost Football Team; and 34 35 WHEREAS, each of the above referenced organizations provide a vital service in 36 the SMCRA Community. 37 38 NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY 39 REDEVELOPMENT AGENCY OF THE CITY OF SOUTH MIAMI, FLORIDA 40 THAT: 41 42 Section 1. The South Miami CRA Board authorizes a disbursement of 43 $500 of Board Member Palmer's 07/08 discretionary funds to the Church of Higher 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 Praise and Worship; $250 to the South Miami Alliance for Youth Organization and $250 to the Grey Ghost Cheerleaders and charging the total amount to Account No. 610 -1110- 554-99-25 (Board Member Discretionary Funds). Section 2. Following funding disbursement, the remaining balance in Account No. 610- 1110 - 554 -99 -25 (Board Member Discretionary Funds) shall be 4,500. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of April, 2008. ATTEST: APPROVED: City of South Miami Community Redevelopment Agency Clerk READ AND APPROVED AS TO FORM: Eve A. Boutsis, General Counsel Chairperson Horace Feliu Board Vote: Chairperson Feliu: Vice Chairperson Beasley Board Member: Wiscombe Board Member Palmer: Board Member Beckman: Board Member R. Williams: Board Member: L. Williams 1111e SMGKA 1001 'Making our Neighborhood a Great Place to Lh e, Work and May - To: To: Honorable Chair and SMCRA Board Members From: Stephen David SMCRA Director Date: April 14, 2008 ITEM No. 16 DISSOLUTION OF THE SMCR.4 HOMEOWNER ASSISTANCE PROGRAM A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA), RELATING TO THE SMCRA HOMEOWNER ASSISTANCE PROGRAM; RELATING TO DISSOLUTION OF THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE BACKGROUND During the March 10, 2008 Meeting, a recommendation was offered to dissolve the existing. SMCRA Homeowners Assistance Program. During the meeting several specific program revisions were authorized by the Board. Approval of the attached resolution shall authorize dissolution of the Homeowners Assistance Program. RECOMMENDATION According to the stated goals and objectives contained in Sections II -D of the 2005 City of South Miami Community Redevelopment Plan Update, "Of primary concern is that new affordable housing in the CRA area be offered for rent or sale at a rate the current residents can afford" (See Exhibit A). Based on these and other stated goals of the SMCRA, staff recommends retaining the SMCRA Homeowners Assistance Program. Attachments: Draft Resolution 2005 SMCRA Plan Excerpt SD \ \MCGRUFF \PLANNING \C R A\ Homeowners Assistance Program Dissolution.doc EXHIBIT A CRA PLAN UPDATE - PHASE II SELECTED DATA & ANALYSIS UPDATE D. AFFORDABLE HOUSING The Plan indicated that from 1980 to 1990, existing housing units in the City of South Miami decreased by a total of 162 units. Census information reveals that the number of existing housing units in the City rebounded about 3% between 1990 to 2000. Similarly, the redevelopment area has seen few new housing units constructed until recently. Given the redevelopment area's unusually high poverty level, the large amount of households spending a significant percentage of their income on housing, predominantly older low -value housing availability, and influx of new service - oriented jobs associated with recent retail development, the construction of new affordable housing alternatives should be a vital mission for the SMCRA. Of primary concern is that new "affordable" housing in the area be offered for rent or sale at a rate that the current residents can afford. In general terms, "affordable housing" is dependent upon an income eligible household's ability to spend no more than 30% of its income on either rent or mortgage payment. Income eligibility is defined in terms of area median income (determined by HUD), adjusted for family size. Categories include "extremely low- income" (at or below 30% of area median income), "very low- income" (at or below 50% of median income), "low- income" (at or below 80 %; of median income), and "moderate income" (at or below 120% of area median income; at or below 100% of median income for federal programs). Appendix GE depicts the Florida Housing Finance Corporation's 2004 Income Limits Adjusted to Household Size for Miami PMSA used to establish income eligibility and 2004 Maximum Gross Rents by Number of Bedrooms used to establish the rent schedule for each income eligibility category. The 2004 median income for the Miami PMSA is $45,400. Using the charts in Appendix GE, it can be derived that in order for for -rent housing to qualify as affordable in the CRA it would need to fall within the range of $275 /month for an efficiency for an "extremely low- income" household to $1,833 /month for a 4- bedroom unit for a "moderate income" household. The most predominant housing size, the 3- bedroom unit, ranges from $410 for an "extremely low- income" household to $1,644 for a "moderate income" household. CITY OF SOUTH MIAMI, FLORIDA 1 -28 -04 Page 21 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 49 50 RESOLUTION NO. A RESOLUTION OF. THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA), RELATING TO THE SMCRA HOMEOWNER ASSISTANCE PROGRAM; RELATING TO DISSOLUTION OF THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of South Miami Conununity Redevelopment Agency created a Homeowner Assistance Program; and, WHEREAS, the program provides certain criteria under which an applicant can receive financial assistance from the SMCRA for such things as mortgage assistance for Urban Infill Housing and a recruitment process for Role Models within the SMCRA (working as educators, law enforcement, firefighters, etc.); and, WHEREAS, Commissioner Beckman seeks to dissolve the program to use the funds for more infrastructure related items. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. The SMCRA Board moves to dissolve the SMCRA's Homeowner Assistance Program so as to use any funding for this program for infrastructure purposes. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of April, 2008. ATTEST: South Miami Conununity Redevelopment Agency Clerk READ AND APPROVED AS TO FORM: Eve A. Boutsis, Office General Counsel South Miami Community Redevelopment Agency APPROVED: Chairperson Horace Feliu Board Vote: Chairperson Feliu: Vice Chairperson Beasley: Board Member Wiscombe: Board Member Palmer: Board Member Beckman: Board Member R. Williams: Board Member L. Williams: