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01-08-072001 Waking our Neighborhood a Great Place to Live, Work and Play' Chair Horace G. Feliu CRA General Counsel Eve Boutsis Vice Chair Randy G. Wiscombe CRA Executive Director Yvonne Soler- McKinley Member Velma Palmer CRA Secretary Maria M. Menendez Member Marie Birts Member Jay Beckman Member Adrian Ellis Member Rodney Williams SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY CRA Meeting Meeting Date: Monday January 8, 2007 Time: 6:30 PM Next Meeting Date: Monday February 12, 2007 Time: 6:30 PM 6130 Sunset Drive, South Miami, FL Phone:(305) 668 -7236 City of South Miami Ordinance No. 10 -00 -1712 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 not apply to not-for-profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. ROLL CALL: B. INVOCATION: C. PLEDGE OF ALLEGIANCE: COMMUNITY REDEVELOPMENT AGENCY Z AGENDA - January 8, 2007 REGULAR MEETING 1. APPROVAL OF MINUTES November 14, 2006* 2. EXECUTIVE DIRECTOR REPORT: A) Monthly Expenditure Report* October 2006 B) Land Acquisition Status* C) TIF Committee Action* D) Greater Miami,Neighborhoods Construction Update* 3. GENERAL COUNSEL REPORT A) OCED Grant Funding Verbal Report *Attachments PUBLIC COMMENTS (5- minute limit) CONSENT AGENDA 4. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A., FOR INVOICES DATED NOVEMBER 27, 2006 IN THE TOTAL AMOUNT OF $7,709.07; CHARGING THE AMOUNT $6,362.35 TO ACCOUNT NO. 610 -1110- 564- 31 -20, GENERAL CORPORATE ACCOUNT; CHARGING THE AMOUNT $1,346.72 TO ACCOUNT NO. 610- 1110 - 583- 31 -20, LAND ACQUISITION ACCOUNT; AND PROVIDING AN EFFECTIVE DATE. 5. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR LOTT & LEVINE, P.A., FOR INVOICE DATED DECEMBER 19, 2006 IN THE TOTAL AMOUNT OF $3,452.50; CHARGING THE AMOUNT OF $3,452.50 TO ACCOUNT NO. 610-1110 - 583- 31 -20, LAND ACQUISITION ACCOUNT; AND PROVIDING AN EFFECTIVE DATE. COMMUNITY REDEVELOPMENT AGENCY 2 AGENDA - January 8, 2007 RESOLUTIONS 6. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO' RESIDENTIAL REHABILITATION AND RESIDENT JOB TRAINING; AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A GRANT AGREEMENT TO PROVIDE GRANT FUNDING IN THE AMOUNT OF $45,000 TO THE ST. JOHN'S WOUNDED HEALERS PROGRAM FOR RESIDENTIAL REHABILITATION AND JOB TRAINING SERVICES WITHIN THE SMCRA AREA; AND PROVIDING AN EFFECTIVE DATE. (Item Deferred on November 14, 2006) 7. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO LAND ACQUISITION; APPROVING A FORGIVENESS OF SMCRA INCURRED EXPENDITURES FOR EMERGENCY REPAIRS TO PROPERTY LOCATED AT 6443 SW 60TH AVENUE AND AUTHORIZING THE RELEASE OF ESCROWED FUNDING IN THE AMOUNT OF $15,724.08 TO FORMER PROPERTY OWNER, GRAHAM HANOVER INC; AND PROVIDING AN EFFECTIVE DATE. 8. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO REAL PROPERTY; AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A PURCHASE AND SALE AGREEMENT TO PURCHASE 6411 SW 59t' PLACE, SOUTH MIAMI, FLORIDA BEARING FOLIO NO. 09- 4025 - 010 -0290 FROM THE FLORIDA DEPARTMENT OF FINANCIAL SERVICES FOR A PURCHASE PRICE OF $25,000 IN ADDITION TO THE CITY OF SOUTH MIAMI FORGIVING ALL LIENS ASSESSED AGAINST THE PROPERTY; AND PROVIDING AN EFFECTIVE DATE. 9. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO SINGLE - FAMILY REHABILITATION; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE GRANT FUNDING IN THE AMOUNT OF $2,517.50 TO MR. AND MRS. WILLIS WOODLEY FOR HOME IMPROVEMENTS TO 6441 SW 57TH PLACE AND CHARGING THE AMOUNT TO ACCOUNT NO. 610- 1110 - 533 -9930 (RESIDENTIAL REHABILITATION GRANT ACCOUNT); AND PROVIDING AN EFFECTIVE DATE. BOARD COMMENTS ADJOURNMENT COMMUNITY REDEVELOPMENT AGENCY 3 AGENDA - January B, 2007 PLEASE TAKE NOTICE THAT SECTION 2- 2.1(k)(2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION." PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT I£ A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. COMMUNITY REDEVELOPMENT AGENCY 4 AGENDA - January 8, 2007 Tr- 2001 "Making our Ncirjhborhood a Groat Plbce to Live, Work and Aay" To: Honorable Chair and Date: January 8, 2007 SMCRA Board Members From: Yvonne Soler- McKinley ,r • ITEM No.—Q)k J SMCRA Executive Director SMCRA MONTHLY EXPENDITURE REPORT Attached is the monthly expenditure report for October 2006. 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On November 27, 2006, the loan with Regions Bank was officially closed. Following funding disbursement, the Agency closed on six properties required for the development of Madison Square. The combined purchase price for the six properties was $1,965,000. A closing will now be scheduled to purchase two additionally required properties valued at $125,000. Of the twenty properties proposed for development, five remaining properties are being negotiated for purchase. Discussions have also been initiated with Miami -Dade County to acquire the two remaining Housing Authority owned lots. Following land acquisition, the acquired land will be placed for bid as part of a formal request for qualifications and proposal process. YSM /SD MCGRUFFTLANNINGIC R ATroperty Acquisition Status.doc AN-LUd W 2001 Waking our Neighborhood a Great Place to Live, Work and Play- To: Honorable Chair and SMCRA Board Members From: Yvonne Soler- McKinley _ SMCRA Executive Director Date: January 8, 2007 ITEM No. a C MIAMI -DADE COUNTY TIF COMMITTEE BUDGET ACTION On October 19, 2006, the 06/07 adopted budget was transmitted to the Miami -Dade Tax Increment Financing (TIF) Committee for County approval (See Exhibit 1). On December 4, 2006, the Miami -Dade County TIF Committee convened and recommended unanimous approval of the SMCRA 06/07 Budget. As part of the County approval process, the 06/07 Budget will now proceed to the Miami -Dade Community Empowerment and Economic Revitalization Committee (CEERC) and County Commission for final approval. Attachments: SMCRA Budget Transmittal Letters December 4, 2006 TI(: Committee Agenda YSM /SD MCGRUPPIPLANNINGIC R A\TIf Committee Budget Action.doc w,�aaa ' I I M " 11.'SMCRA 200, "Making our Neighborhood a Great Place to Live, Work and Play" October 19, 2006 Mike Iturrey, TIF Coordinator Office of Strategic Business Management 111 NW 1St Street, 22nd Floor Miami, Florida 33128 RE: South Miami Community Redevelopment Agency ( SMCRA) FY 06/07 Budget Mr. Iturrey: EXHIBIT 1 On October 17, 2006, the 'SMCRA Board and City Commission approved the SMCRA FY 06/07 Budget. It should be noted that the submittal of this year's budget was slightly deferred pending Miami -Dade County approval of a long -term bonding program and fifteen year extension of the SMCRA Agency. On September 12, 2006, Miami -Dade County approved the above referenced SMCRA request. Enclosed as part of this year's budget submittal package is a copy of the FY 05106 Annual Accomplishment Report (Exhibit 1), the SMCRA Budget in County Format (Exhibit 2) and a copy of the approved SMCRA budget including a revenue summary and expenditure breakdown (Exhibit 3). Also enclosed are the October 17, 2006 City and SMCRA Board resolutions approving the FY 06/07 Budget (Exhibit 4). Major areas of emphasis in this year's budget continue to focus on the following on -going initiatives: Rehabilitation of the existing affordable housing stock in the SMCRA Community. Structural renovation of the SMCRA owned Mobley Building for city and community oriented office space including business incubator facilities. Completion of land acquisition required to implement the SMCRA cornerstone redevelopment-project, Madison Square. The City of South Miami is proud of the prior accomplishments of the Agency and continues to strive for meaningful development in the SMCRA Community. Please accept the proposed Budget for Miami -Dade County review and final approval. Should have any questions regarding the attached information, please feel free to contact us directly at (305) 668 -2510 or (305) 668 -7238. Sin rely, USTne Soler -M inley, CRA Executive Director En osures: 1.05/06 Accomplishments 2. City of South Miami CRA "06/07 Budget (County Format) 3. City of South Miami 06/07 Budget and Expenditure Breakdown 4. Budget Approval Resolutions #18f -06 -12328 and CRA Resolution #52 -06245 slFUierlcaCl4 SMCRA 1001 'Making our Neighborhood a Great Place to Live, Mork and Play" November 16, 2006 Mike Iturrey, TIF Coordinator Office of Strategic Business Management 111 NW 1St Street, 22nd Floor Miami, Florida 33128 RE: Request for Approval of the South Miami Community Redevelopment Agency ( SMCRA) FY 06/07 Budget Mr. Iturrey: On September 12, 2006, the Miami -Dade County Commission approved a South SMCRA request for a long -term bonding program and 15 -year extension of the SMCRA Agency. On October 17, 2006, the SMCRA Board and City Commission approved the SMCRA's FY 06/07 Budget. The adopted budget was then transmitted to Miami -Dade County on October 19, 2006. On November 13, 2006, the SMCRA Board approved a long -term bonding agreement with Regions Bank to purchase properties required to develop the Madison Square Project. Following approval of the bonding agreement, the Board approved a resolution to adjust the FY 06/07 Budget to include additional revenues from the Regions Bank loan and proposed OCED grant revenues. Attached are the FY 06/07 Adjusted Budget and SMCRA Board resolution approving the adjusted budget. Also attached is the FY 06/07 in County format. The adjusted budget will be voted on by the South Miami City Commission under the consent portion of the November 28, 2006 City Commission Agenda. We will forward the City Commission's approval of this item following the November 28`" Meeting. We respectfully submit the FY 06/07 Budget including the approved adjustments for Miami - Dade County approval. If you should have any questions or concerns regarding our follow -up submittal of the budget, please feel free to call us directly at (305) 668 -7238. Thank you. Sincerely ti.. tephen A. Da 'd, SM RA Interim Director Enclosures: 1. SMCRA Approval - FY 06/07 Budget Adjustment 2. SMCRA FY 06/07 Budget (Clean Version) 3. County Formatted SMCRA FY 06/07 Budget (Clean Version) Cc: Yvonne Soler - McKinley, SMCRA Executive Director EXHIBIT 2 Miami -Dade County Tax Increment Financing Committee Monday - December 4, 2006 2:00 PM - 5:00 PM Stephen P. Clark Government Center 22nd Floor Rear Conference Room AGENDA I. Call to Order... ......... ...........................Mike Iturrey CRA Budget Coordinator Community Redevelopment and Economic Policy Analysis Division, OSBM II. Roll Call and Introductions III. Old Business IV. New Business A. FY 06 -07 Budget Proposal Miami Beach RDA B. FY 06 -07 Budget Proposal Homestead CRA (Pending County Attorney review) C. FY 06 -07 Budget Proposal South Miami CRA V. Other Business, Updates and Reports VI. Next Meeting date /Time (January 8, 2007 @ 2:00 PM) VII. Adjournment 2001 Waking our Neighborhood a Great Place to Live, Work and Play" To: Honorable Chair and SMCRA Board Members From: Yvonne Soler - McKinley SMCRA Executive Director Date: January S, 2006 ITEM No. C) b GREATER MIAMI NEIGHBORHOODS CONSTRUCTION STATUS During the November 14, 2006 Meeting, the Board requested detailed construction schedules for single- family housing construction at 5895 SW 67t1i Street and 6400 SW 57"' Street. Construction schedules were submitted by Greater Miami Neighborhoods on 12- 09 -06. Attached are the construction schedules for each property. Based on the attached schedules, housing construction at 5895 SW 67t1i Street will commence on January 8, 2007 and be completed by April 18, 2007. Construction at 6400 SW 57t1i Street is scheduled to commence on January 8, 2007 and be completed by March 24, 2007. Staff reiterated the SMCRA Board concern to Greater Miami Neighborhoods that strict adherence to the schedules be maintained. Attachments: Construction Schedule— 5895 SW 67 °i Street Construction Schedule — 6400 SW 57 °i Street YSM /SD MCGRUMPLANNINGIC R A \GMN Construction Status.doc I on 0 04m taemr 2001 "Making our Neighborhood a Great Place to Live, Work and Play" To: Honorable Chair and SMCRA Board Members From: Yvonne Soler- McKinley, SMCRA Executive Director Date: January 8, 2007 ITEM No. 4/ PAYMENT OF ATTORNEY FEES TO NA GIN GALLOP FIGUEREDO A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A., FOR INVOICES DATED NOVEMBER 27, 2006 IN THE TOTAL AMOUNT OF $7,709.07; CHARGING THE AMOUNT $6,362.35 TO ACCOUNT NO. 610 - 1110 - 564- 31 -20, GENERAL CORPORATE ACCOUNT; CHARGING THE AMOUNT 51,346.72 TO ACCOUNT NO. 610 - 1110 - 583- 61 -10, LAND ACQUISITION ACCOUNT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The firm of Nagin Gallop Figueredo, P.A. currently serves as General Counsel to the SMCRA. The firm has submitted the following invoices dated November 27, 2006 for specific general corporate and land acquisition matters (See Attached Invoices). Invoice Date Amount November 27, 2006 $6,362.35 November 27, 2006 $1,346.72 RECOMMENDATION Charge Account No. 610 - 1110 - 564 -31 -20 (General Corporate Account) 610- 1110 - 583 -61 -10 (General Corporate Account) Staff recommends approval of the attached resolution authorizing the Executive Director to: (1) Disburse payment for legal services rendered for general corporate matters in the amount of $6,362.35 to Nagin Gallop Figueredo, P.A., charging this amount to Account No. 610 -1110- 564-31-20, General Corporate Account. The balance in Account No. 610 - 1110 - 564 -31 -20 after payment of this invoice will be $38,569.02. (2) Disburse payment for legal services rendered for land acquisition matters in the amount of $1,346.72 to Nagin Gallop Figueredo, P.A., charging this amount to Account No. 610 -1110- 583-61-10, Land Acquisition Account. The balance in Account No. 610 - 1110 - 583 -61 -10 after payment of this invoice will be $3,120,002.30. Attachments: Resolution Nagin Gallop Figueredo Invoices YSM /SD EAC R A\Nagin Gallop Payment Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 I! 17 18 19 20 21 22 23 24 19 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 CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A., FOR INVOICES DATED NOVEMBER 27, 2006 IN THE TOTAL AMOUNT OF $7,709.07; CHARGING THE AMOUNT $6,362.35 TO ACCOUNT NO. 610 - 1110 - 564- 31 -20, GENERAL CORPORATE ACCOUNT; CHARGING THE AMOUNT $1,346.72 TO ACCOUNT NO. 610- 1110 - 583 -61- 10, LAND ACQUISITION ACCOUNT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Nagin Gallop Figueredo, P.A., currently serves as General Counsel to the SMCRA; and WHEREAS, Nagin Gallop Figueredo, P.A., has submitted invoices dated November 27, 2006 to the CRA for legal services rendered for general corporate matters in the amount of $6,362.35; and WHEREAS, Nagin Gallop Figueredo, P.A., has submitted invoices dated November 27, 2006 to the CRA for legal services rendered for land acquisition matters in the amount of $1,346.72. 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 for legal services rendered for general corporate matters in the amount of $6,362.35 to Nagin Gallop Figueredo, P.A., charging this amount to Account No. 610 - 1110 - 564- 31 -20, General Corporate Account. The balance in Account No. 610- 1110 - 564- 31 -20, after payment of this invoice, will be $38,569.02. Section 2. The South Miami Community Redevelopment Agency authorizes payment for legal services rendered for general corporate matters in the amount of $1,346.72 to Nagin Gallop Figueredo, P.A., charging this amount to Account No. 610 - 1110 - 583- 61 -10, Land Acquisition Account. The balance in Account No. 610 - 1110 - 583- 61 -10, after payment of this invoice, will be $3,120,002.30. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of January, 2007. 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 ATTEST: SECRETARY n��z. CHAIRPERSON READ AND APPROVED AS TO FORM: Eve A. Boutsis, General Counsel Board Vote: Chairperson Feliu: Vice Chairperson Wiscombe: Board Member Palmer: Board Member Birts: Board Member Beckman: Board Member Ellis: Board Member Williams JAMy Documents\CRA RESOLUTIONS 20071CRA Reso Nagin Gallop Payment (01 -08 -07 meeting).doc NAGINGAL.LoPFIGUEREDOPA. Attorneys & Counselors 18001 Old Cutler Road — Suite 556 Telephone: (305) 854 -5353 Miami, Florida 331.57 -6416 Facsimile: (305) 854 -5351 December 5, 2006 Stephen David City of South Miami Community Redevelopment Agency 6130 Sunset Drive South Miami, Florida 33143 Re: South Miami Community Redevelopment Agency Statements Matter ID: 0076 -001 and 0076 -008 Dear Stephen: I enclose our firm's invoice dated November 27, 2006, for the South Miami CRA matter referenced above. I also attach the resolution approving same. If you have any questions, please do not hesitate to contact me. Thank you. Very truly ours, te�?ABo sis General Counsel for the South Miami Community Redevelopment Agency EAB/lcm Enclosure NAGINGALLOPFIGUEREDOPi Attorneys & Counselors 18001 Old Cutler Road — Suite 556 Telephone: (305) 854 -5353 Miami, Florida 33157 -6416 Facsimile: (305) 854 -5351 December 5, 2006 Stephen David City of South Miami Community Redevelopment Agency 6130 Sunset Drive South Miami, Florida 33143 Re: South Miami Community Redevelopment Agency Statements Matter ID: 0076 -001 and 0076 -008 Dear Stephen: I enclose our firm's invoice dated November 27, 2006, for the South Miami CRA matter referenced above. I also attach the resolution approving same. If you have any questions, please do not hesitate to contact me. Thank you. Very truly ours, 4ei�A Boutsis General Counsel for the South Miami Community Redevelopment Agency EAB/lcm Enclosure CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP'". - Attorneys & Counselors 18001 Old Cutler Road, Suite 556, Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Ronald O'Donniley November 27, 2006 City of South Miami Community Redevelopment Agency Matter ID: 0076 -001 6130 Sunset Drive CRA - General Corporate South Miami, FL 33143 Invoice Number 18739 Hours Amount 10/30/2006 EAB Drafted archtectural/design services for Mobley building renovation. 2.00 370.00 10/31/2006 EAB Telephone conference with and email communications with Mr. Jeff 0.40 74.00 Weinstock regarding Regions loan. 11/1/2006 EAB Attention to bond transaction; telephone conference with Mr. 0.80 148.00 Weinstock and Regions representatives regarding CRA structure and bond transaction; and telephone conference with bd member Velma Palmer regarding pending items. 11/2/2006 EAB Drafted letter to GMN; telephone conferences with Mr. Stephen 0.80 148.00 David; analyzed GMN contracts; email communications with Ms. Kathie Rodriguez of GMN; attention to GH matter; analyzed communication by Mr. Chuck Gelman and Mr. Max Spiegelman. 11/6/2006 EAB Conducted property searches, analyzed foreclosure and quiet title 4.00 740.00 actions; prepared memorandum to SMCRA board updating them on 33 different property actions including transfers and proposed purcahses; attention to Aries matter; revised Perry purchase and sale agreement (two options); telephone conference with Mr. David regarding agenda items, Aries, etc; email communications with Ms. Rodriguez of GMN; email communications with SunTrust Bank regarding loan documents; attention to all GMN properties and history, prepared memorandum regarding same; email communications and telephone conference with Mr. David; and email communications with MDC regarding declarations of restrictions. 1117/2006 EAB Telephone conference with Mr. Glen Sachs of MDC attorney's 4.00 740.00 office; telephone conference with Mr. David; attention to declarations of restrictions; email communications with Ms. Yvonne McKinley, Mr. Ajibola Balogun, and Mr. David regarding same; drafted revised contract with the Perry/Williams's with cover letter to Mr. Gelman and Ms. Bobo - Brown; telephone conference with Ms. Kimberly Bobo Brown; fax communications with Ms. Bobo -Brown and Mr. Gelman; telephone conferences with Mr. David; telephone conference with Mr. Sachs and Mr. Zafar Ahmed; email communications with same with proposed revisions to 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. 18739 Page: 2 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE declarations of restrictions; revised $856g contract with GH, Inc.__ 11/8/2006 EAB Telephone conference with Mr. David; analyzed bond documents, 2.70 499.50 opinion of general counsel, resolution, affirmations, etc., and provided comments to same to Regions Banks. 11/9/2006 EAB Finalized memorandum to board regarding property updates; email 3.40 629.00 communications with Ms. Palmer regarding same; telephone conference with Mr. David; telephone conference with Regions Bank regarding negotiating changes in bond documents; analyzed red -lined revisions to same; finalized the bond item; email communications with Mr. Saks regarding OCED funding; prepared update email -to CRA board regarding same and requesting direction regarding same; analyzed proposed agenda items; provided comments regarding same; email communication with Ms. Frigo of the MDCCEPT regarding Cobb grant; and provided recommendation regarding same. 11/13/2006 EAB Analyzed agenda; email communications with Suntrust; telephone 2.00 370.00 conference with Mayor Horace Feliu; follow up on same. 11/13/2006 EAB Telephone conference with Suntrust attorney and representatives; 3.Ob 555.00 follow up on SunTrust paperwork; attended pre- meeting discussion with Mr. David, and second meeting with Ms McKinley; and attended CRA meeting. 11/14/2006 EAB Attended SunTrust closing; prepared fax to Mr. Gelman and Ms. 2.40 444.00 Bobo Brown; telephone conference with Mr. George Lott; email communications with Mr. Lott; follow up on GMN matter; email communications with bd member Palmer regarding discretionary funds; telephone conference with Ms. T. Sawyer. 11/15/2006 EAB Telephone conference with Mr. Gelman; telephone conference with 3.40 629.00 Ms. Sawyer; telephone conferences with Mr. Lott; telephone conference with Mr. David; email communications with Mr. Sacks, Mr. Rickert Glasgow, and Mr. Ahmed regarding same; analyzed Madison Square properties; created list of pending sales and necessary purchases; drafted request to MDHA regarding transfer of title to MDHA parcels to SMCRA; property appraiser search for folios, owners and addresses of Madison Square properties; and prepared memorandum to staff regarding next steps in purchase of parcels seeking direction. 11/16/2006 EAB Attention Aries property; telephone conference with Aries receiver; 1.50 277.50 attention to Madison Square properties and further purchases; drafted Aries option agreement; and telephone conference with Mr. Sacks regarding OCED /CAA funding and process for same. 11/17/2006 EAB Telephone conferences with Mr. Lott regarding T. Sawyer, L. 1.00 185.00 Taylor, GH closings, due diligence; telephone conference with Mr. David regarding GH closings and contracts; telephone conference with Mr. James McCants and Ms: Lorraine Council regarding follow up on items. 11/20/2006 EAB Telephone conference with Mr. Lott re: all closings, Peagram, and 1.50 277.50 Sawyer matter; telephone conference with Mr. Gelman; email communications with Mr. David regarding follow up on closings; 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. 18739 Page: 3 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE and email communications with Regions Bank regarding bond; and - follow'up'regarding`sarre. Total Professional Services 6,086.50 Rate Summary Eve A. Boutsis Disbursements 11/2/2006 Recording Fee 11/2/2006 Recording Fee 11/3/2006 Tolls 11/3/2006 Parking Charge 11/14/2006 Mileage 11/15/2006 Mileage 32.90 hours at $185.00/hr Total hours: 32.90 11/27/2006 Disbursements incurred - 3.01/0 Payments and Credits 12/4/2006 Check No.: 055110 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due 6,086.50 6,086.50 35.50 27.00 1.25 10.00 7.02 12.48 182.60 1,702.82 1,702.82 To be property credited, please indicate Invoice Number on your remittance check. 6,086.50 275.85 6,362.35 8,353.01 1,702.82 13,012.54 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556, Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Ronald O'Donniley November 27, 2006 City of South Miami Community Redevelopment Agency Matter ID: 0076 -008 6130 Sunset Drive CRA - Land Acquisition South Miami, FL 33143 Invoice Number 18740 Hours Amount 11/8/2006 EAB Telephone conference with Mr. Stephen David, drafted edits and 3.50 647.50 revisions to SMCRA contract with GH and Perrys; telephone conference with Ms. Bobo Brown and Mr. Gelman. 11/8/2006 EAB Meeting with Mr. George Lott regarding pending assignments (10 1.50 277.50 different parcels); and extended telephone conference with Mr. David regarding same. 11/9/2006 EAB Reviewed edits by Ms. Bobo Brown; facsimile communications with 2.00 370.00 Ms. Bobo Brown and Mr. Gelman; and finalized contract with Perrys (two versions). Rate Summary Eve A. Boutsis Disbursements 11/3/2006 Mileage Total Professional Services 1,295.00 7.00 hours at $185.00/hr Total hours: 7.00 11/27/2006 Disbursements incurred - 3.0% 1,295.00 1,295.00 12.87 38.85 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 -008 Statement No. 18740 Page: 2 CONFIDENTIAL - ATTORNEYICLIENT PRIVILEGE For Professional Services 1,295.00 For Disbursements Incurred 51.72 Current Balance: 1,346.72 Previous Balance: 4,878.08 Payments - Thank you 0.00 Total Due 6,224.80 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 0!0 per month will be charged if payment Is not received within 30 days. �d AD-AMWICICO M3 2001 "Making our Neighborhood a Great Place to Live, Mork and Play" To: Honorable Chair and SMCRA Board Members From: Yvonne Soler- McKinley, SMCRA Executive Director RESOLUTION Date: January 8, 2007 ITEM No. 5 PAYMENT FOR ATTORNEY FEES FOR LOTT & LEVINE A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR LOTT & LEVINE, P.A., FOR INVOICE DATED DECEMBER 19, 2006 IN THE TOTAL AMOUNT OF $3,452.50; CHARGING THE AMOUNT OF $3,452.50 TO ACCOUNT NO. 610 - 1110 - 583- 31 -20, LAND ACQUISITION ACCOUNT; AND PROVIDING AN EFFECTIVE DATEE BACKGROUND The law firm of Lott & Levine has submitted three invoices dated October 2, 2006 and December 19, 2006 for legal services for SMCRA property acquisition and disposition matters (See Attached Invoices). RECOMMENDATION Staff recommends approval the attached resolution authorizing the Executive Director to disburse payment in the amount of $3,452.50 to Lott & Levine for legal services for SMCRA property acquisition and disposition matters and charging the total amount to Account No. 610- 1110- 583 -61- 10 (Land Acquisition Account). The balance in Account No. 610- 1110 - 583 -61 -10 after payment of this invoice will be $3,116,550.10. Attachments: Draft Resolution Lott & Levine Invoices YSMISDACRA\Lott & Levine Payment Rcport.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR LOTT & LEVINE, P.A., FOR INVOICE DATED OCTOBER 2, 2006 AND DECEMBER 19, 2006 IN THE TOTAL AMOUNT OF $3,452.50; CHARGING THE AMOUNT OF $3,452.50 TO ACCOUNT NO. 610- 1110 - 583- 31 -20, LAND ACQUISITION ACCOUNT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The law firm of Lott & Levine has submitted three invoices dated October 2, 2006 and December 19, 2006 for legal services provided for SMCRA property acquisition and disposition matters; 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 for land acquisition matters in the amount of. $3,452.50 to Lott & Levine, P.A., charging this amount to Account No. 610 - 1110 - 583 -61 -10 (Land Acquisition Account). The balance in Account No. 610 - 1110 - 583 -61 -10 after payment of this invoice will be $3,116,550.10. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ATTEST: SECRETARY READ AND APPROVED AS TO FORM: Eve A. Boutsis, General Counsel day of January, 2007. APPROVED: CHAIRPERSON Board Vote: Chairperson Feliu: Vice Chairperson Wiscombe: Board Member Palmer: Board Member Birts: Board Member Beckman: Board Member Ellis: Board Member Williams: JAMy Documents\CRA RESOLUTIONS 20071CRA Reso Lott Levine payment (01 -08 -07 meeting).doc LOTT & LEVINE DADELAND CENTRE, SUITE 1014 9155 SOUTH DADELAND BOULEVARD MIANH, FLORIDA 33156 Date: 12/19/2006 Client: CITY4 CITY OF SOUTH MIAMI EVE A. BOUTSIS, ESQ. OFFICE OF THE CITY ATTORNEY 18001 OLD CUTLER RD, SUITE 556 PALNIETTO BAY, FL 33157 STATEMENT OF ACCOUNT Matter Title of Matter Bill Data Amount of Fee Cost Advanced Due - 040 RA- E1 =SAS 197206 1209.00 35.t� 1,244.00 VACANT LOT FOLIO NO. 094025-0104M 05058 SMCRA DEED TO TRANSFR 6090 SW 63 ST 8156 10/0212006 721.50 200.00 921.50 05148 SMCRA PURCHASE OF 4 LOTS FR GRAHAM 8158 10/02/2006 1,287.00 0.00 1,287.00 HANOVER LOTT & LEVINE DADELAND CENTRE, SUITE 1014 9155 SOUTH DADELAND BOULEVARD MIAMI, FLORIDA 33156 EVE A. BOUTSIS CITY OF SOUTH MIAMI December 19, 2006 COMMUNITY REDEVELOPMENT AGENCY Reference No. 8265 18001 OLD CUTLER RD, SUITE 556 MIAMI, FL 33157 For Professional Services Concerning: Matter Number: CITY4.04076 Title: LAND TRANSFER - THERESA SAWYER VACANT LOT FOLIO NO. 09 -4025- 010 -0560 Hours 11/14/06 COMPUTER SEARCH OF SAWYER PROPERTY TO DETERMINE OWNERS OF RECORD; ORDERED COPIES OF DOCUMENTS IN CHAIN OF TITLE. 1.00 11/15/06 RECEIVED AND REVIEWED HARD COPIES OF TITLE DOCUMENTS AND EXAMINED TITLE TO LOT 53 TO DETERMINE OWNERSHIP. 1.00 11/16/06 TELEPHONE CALLS TO SAWYER - NO ANSWER; LEFT MESSAGE WITH BOUTSIS' OFFICE. 0.20 11/17/06 SEARCHED NAMES ON TITLE COMPUTER TO OBTAIN COPIES OF PROBATE PAPERS FOR REGINALD AND ESTELLE SAWYER; EXAMINED PRINT -OUTS AND ORDERED COPIES; TELEPHONE CONFERENCE WITH BOUTSIS' FOR OTHER TELEPHONES NUMBER FOR SAWYER; CALL TO SAWYER - LEFT MESSAGE; TELEPHONE CONFERENCE WITH SAWYER. 0.75 11/20/06 RECEIVED AND REVIEWED HARD COPIES FROM NAME SEARCH. 0.30 11/20/06 TELEPHONE CONFERENCE WITH BOUTSIS - RESULTS OF TITLE EXAMINATION OF SAWYER'S HOMESTEAD. 0.20 11/24/06 REVISED QUIT CLAIM DEED AND COVENANT RUNNING WITH THE LAND TO DELETE REFERENCE TO UNITY OF TITLE AND REGINALD SAWYER (DECEASED). 0.75 Page: 2 Reference Number: 8265 11/30/06 TELEPHONE CALLS TO SAWYER - LEFT MESSAGES; TELEPHONE CONFERENCE WITH CRA; REVISIONS TO DEED AND COVER LETTER. 1.00 12/06/06 FINAL REVISIONS TO QUIT CLAIM DEED; MEETING AT CRA TO DELIVER DEED AND LETTER OF INSTRUCTIONS. 1.00 Total Hours and Fees: 6.20 $1,209.00 COSTS ADVANCED Date Description 12/09/06 Disbursement to: ATTORNEY'S TITLE INSURANCE: TITLE SEARCH, 11/14/06 Total Costs: Matter Summary: Total Fees: Total Cost: Sub -Total Current Fees and Costs: Amount Due: Cost Amount $35.00 $35.00 $1,209.00 $35.00 $1,244.00 $1,244.00 PAYMENT IS DUE ON OR BEFORE JANUARY 8, 2007. PLEASE INCLUDE THE BILL OR REFERENCE NUMBER ON YOUR REMITTANCE. THANK. YOU. LOTT & LEVINE • DADELAND CENTRE, SUITE 1014 9155 SOUTH DADELAND BOULEVARD MIAMI, FLORIDA 33156 CITY OF SOUTH MIAMI EVE A. BOUTSIS, ESQ. October 2, 2006 OFFICE OF THE CITY ATTORNEY Reference No. 8156 18001 OLD CUTLER RD, SUITE 556 PALMETTO BAY, FL 33157 For Professional Services Concerning: Matter Number: CITY4 -05058 Title: SMCRA DEED TO TRANSFR 6090 SW 63 ST Hours 05/26/06 RECEIVED AND REVIEWED E -MAIL FROM BOUTSIS REGARDING ADJOINING HALF OF PROPERTY - TITLE NEEDS UPDATING. 0.20 05/30/06 (6080 SW 63 ST) ATTEMPTED TO ORDER TSR - NO FOLIO NUMBER PER THIS ADDRESS; CALL TO BOUTSIS - LEFT MESSAGE; TELEPHONE CONFERENCE WITH BOUTSIS; RECEIVED AND REVIEWED FAX - PRIOR TSR. 0.50 06/27/06 RECEIVED AND PRINTED E -MAIL FROM BOUTSIS REGARDING STATUS OF DEED ON HABITAT. 0.20 07/07/06 REVISIONS TO HABITAT DOCUMENTS. 1.00 07/10/06 RECEIVED AND REVIEWED E -MAIL FROM CITY ATTORNEY REGARDING REVISIONS TO WARRANTY DEED. 0.20 07/12/06 PREPARED AND FAXED REVISIONS TO DEED AND CORPORATE RESOLUTION; MEMO TO BOUTSIS. 1.00 07/13/06 TELEPHONE CALL TO EVE - LEFT MESSAGE; ORDERED TSR 0.30 07/25/06 TELEPHONE CONFERENCE WITH BOUTSIS AND FOLLOW UP FAX REGARDING RECORDING OF DOCUMENTS. 0.30 --- - - - - -- ---- - - - - -- Total Hours and Fees: 3.70 721.50 COSTS ADVANCED Date Description Cost Amount 08/02/06 Disbursement to: ATTORNEY'S TITLE INSURANCE: TITLE SEARCH REPORT, 7/13 200.00 Page: 2 Reference Number: 8156 Matter Summary: Total Fees: 721.50 Total Cost: 200.00 Sub -Total Current Fees and Costs: 921.50 Amount Due: 921.50 LOTT & LEVINE DADELAND CENTRE, SUITE 1014 9155 SOUTH DADELAND BOULEVARD MIAMI, FLORIDA 33156 EVE A. BOUTSIS CITY OF SOUTH MIAMI October 2, 2006 COMMUNITY REDEVELOPMENT AGENCY Reference No. 8158 18001 OLD CUTLER RD, SUITE 556 MIAMI, FL 33157 For Professional Services Concerning: Matter Number: CITY4 -05148 Title: SMCRA PURCHASE OF 4 LOTS FR GRAHAM HANOVER Hours 06/12/06 TELEPHONE CONFERENCE WITH GINGER - EXPLAINED HOW TO IDENTIFY INTERESTED PARTIES FROM THE TITLE COMMITMENT. 0.30 06/23/06 TELEPHONE CONFERENCE WITH BOUTSIS - STRUCTURING PAYOFF - ASSIGNMENT OF MORTGAGE PENDING CLOSING ON PURCHASE. 0.30 07/21/06 TELEPHONE CONFERENCE WITH GINGER - NEEDS DRAFT OF CLOSING STATEMENT; RECEIVED AND REVIEWED FOLLOW UP E- MAILS. 0.50 07/24/06 RECEIVED AND REVIEWED E -MAIL FROM BOUTSIS' OFFICE; PREPARED DRAFTS OF CLOSING STATEMENT, WARRANTY DEED AND QUIT CLAIM DEED; FAXES AND TELEPHONE CONFERENCES. 4.50 07/25/06 TELEPHONE CONFERENCE AND FOLLOW UP FAX TO BOUTSIS - CLOSING DATE, WHEN TO ORDER SURVEYS, ETC. 0.30 07/26/06 RECEIVED AND REVIEWED FAX FROM BOUTSIS TO BEGIN WORK ON TITLE POLICIES. 0.20 08/10/06 RECEIVED AND REVIEWED E -MAIL FROM BOUTSIS REGARDING MILLION DOLLAR CSM LIEN; TELEPHONE CONFERENCE WITH BOUTSIS AND CLOSING AGENT - DIFFERENT PROPERTY. 0.20 08/31/06 RECEIVED AND REVIEWED E -MAIL - LETTER FROM GELLMAN DEMANDING EARNEST MONEY DEPOSIT; FOLLOW UP TELEPHONE I CONFERENCE WITH BOUTSIS. 0.30 Total Hours and Fees: 6.60 Matter Summary: Total Fees: Total Cost: Sub -Total Current Fees and Costs: Amount Due: Page: 2 Reference Number: 8158 1,287.00 1,287.00 0.00 1,287.00 1,287.00 MHWAftecri 'S"......• a .: �.i .....J —,.1 2001 Making our Neighborhood a Great Place to Live, Work and Play" To: Honorable Chair and Date: January 8, 2007 SMCRA Board Members From: Yvonne Soler- McKinley ITEM No. LO_ SMCRA Executive Director AUTHORIZATION TO ENTER INTO A GRANTAGREEMENT WITH WOUNDED HEALERS INC. RESOLUTION A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO RESIDENTIAL REHABILITATION AND RESIDENT JOB TRAINING; AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A GRANT AGREEMENT TO PROVIDE GRANT FUNDING IN THE AMOUNT OF $45,000 TO THE ST. JOHN'S WOUNDED HEALERS PROGRAM FOR RESIDENTIAL REHABILITATION AND JOB TRAINING SERVICES WITHIN THE SMCRA AREA; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND During the October 17, 2006 Meeting, the Board adopted the 06/07 budget including line item funding in the amount of $45,000 for the Wounded Healers Job Training Program. During the previous fiscal year, Wounded Healers completed exterior renovations on twenty -two single- family homes in the SMCRA Community (See Exhibit 1). As part of the job training program, eligible residents have gained valuable hands -on work experience while improving the existing housing stock. Wounded Healers Inc. would like to continue the program for FY 06/07 and further eradicate existing blighted conditions in the CRA Community. Approval of the attached resolution shall authorize the Executive Director to execute a grant agreement with Wounded Healers Inc. to provide housing rehabilitation and job training services. A detailed grant agreement SMCRA requirements for funding disbursement has been attached as Exhibit 2. RECOMMENDATION: Staff recommends approval of the attached resolution authorizing the Executive Director to enter into a grant agreement with Wounded Healers Inc. to provide residential rehabilitation and job training services for SMCRA residents. Attachments: Draft Resolution Grant Agreement Wounded Healers — Completed Projects YSM /SD EAC R A\Wounded Healers Grant Agrccment.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO RESIDENTIAL REHABILITATION AND RESIDENT JOB TRAINING; AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A GRANT AGREEMENT WITH THE ST. JOHNS WOUNDED HEALERS PROGRAM TO PROVIDE GRANT FUNDING IN THE AMOUNT OF $45,000 FOR RESIDENTIAL REHABILITATION AND JOB TRAINING SERVICES WITHIN THE SMCRA AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, during the October 17, 2006 Meeting, the Board adopted the 06/07 budget including line item funding for the Wounded Healers and Apprenticeship Job Training programs; and WHEREAS, of the total allocated funding, $45,000 was allocated for the Wounded Healers Job Training Program; and WHEREAS, During the prior fiscal year, the Wounded Healers Program completed exterior renovation of twenty -two single - family homes in the SMCRA area while providing valuable hands on job training to eligible residents; and WHEREAS, as a result of completion of these projects, the existing affordable housing stock in the area has been improved and under skilled residents have gained valuable on -hands job training; and WHEREAS, the SMCRA desires to partner with the St. Johns Wounded Healers Program during FY 06/07 to assist in eliminating blighted conditions and to provide valuable training for under skilled SMCRA residents; and WHEREAS, grant funding will be disbursed by the SMCRA on a project by project basis and upon completion of individually documented renovation projects and based on the requirements identified in Sections 1 -4 of this resolution. 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) approves the attached partnership and grant funding agreement with Wounded Healers Inc. for the SMCRA to provide project based reimbursement payments to I Wounded Healers Inc. for project expenses. Funding disbursements shall be made 2 by the SMCRA based on the following criteria: 3 4 A. Interested residents must submit a completed written residential 5 rehabilitation application to Wounded Healers Inc. prior to determining 9 eligibility. 8 B. Residential rehabilitation grant recipients must be existing residents of 19 0 the SMCRA Area. 11 C. In no instance shall grant recipients be absentee property owners. 13 D. During the process of determining eligibility, preference shall be given to 14 elderly residents and lower income households. 15 16 Section 2. Wounded Healers Inc. shall provide to the SMCRA the 17 following back -up documentation prior to the issuing of reimbursement payments: 18 20 A) Proof of valid liability insurance. 22 B) Copy of a release of liability insurance. 234 C) Proof of a valid contractors license. 256 D) Proof of residency status for all program trainees. 28 E) Hourly rates for all program trainees. 30 F) Signed copies of all trainee timesheets. 32 G) Receipts and or Invoices for all project related supplies. 33 H) Before and after photographs of all completed rehab projects. 34 35 Section 3. Based on monthly invoices provided by Wounded Healers 36 Inc., the SMCRA shall disburse funding in the amount of $695.00 to Wounded 37 Healers Inc. operating expenses including rent, utilities and maintenance. 38 (Monthly operating expense payments are based on a calculated average of prior 39 costs incurred by the program) 40 41 Section 4. Attached as Exhibit 2 is the executable grant agreement 42 between the SMCRA and Wounded Healers Inc. The agreement contains 43 additional terms and conditions for eligibility of grant funding in an amount not to 44 exceed $45,000. 45 46 Section 5. This resolution shall take effect immediately upon approval., 47 48 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 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 January, 2007. Chairperson Feliu Board Vote: Chairperson Feliu: Vice Chairperson Wiscombe: Board Member Palmer: Board Member Brits: Board Member Beckman: Board Member Ellis: Board Member Williams: JAMy Documents\CRA RESOLUTIONS 20071CRA Reso Wounded Healers (01 -08 -07 meeting).doc 711P."EFORE PHOTOS AFTER PHOTOS PSI 6120 SW 63 rd Street, South Miami, Florida 33413 6289 SW 60th Avenue, South Miami, Florida 33413 6440 SW 58h Avenue, South .G mFlorida a�' d1n 4 r Li S u'k.N.! 1: W .ids WOUNDED HEALERS FY 05/06 ACCOMPLISHMENTS BEFORE 6020 SW 62nd Street, South Miami, Florida 33413 6066 SW 601h Avenue, South Miami, Florida 33413 - y - E 6105 SW 64 nd Terrace, South Miami, i, Florida 33413 BEFORE O _ AFTER PHOTOS WOUNDED HEALERS FY 05/06 ACCOMPLISHMENTS I --------- - 6 017 SW 62°d 'Terrace, South Miami, Florida 33413 6 031 SW 62 °d 'Terrace, South Miami, Florida 33413 0,a. 6040 r fn Avenue, o f t h. Miami, Florida 33413 EXHIBIT 2 AGREEMENT BETWEEN THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AND ST. JOHN AME CHURCH WOUNDED HEALERS FOR FISCAL YEAR 06/07 THIS AGREEMENT is made this day 'of , 2006, between the South Miami Community Redevelopment Agency ( SMCRA) and St. John AME Church, d /b /a Wounded Healers, Inc. (W.H.). WHEREAS, the SMCRA and W.H. desire to coordinate their efforts to revitalize blighted homes in the SMCRA District, as provided in the approved South Miami Community Redevelopment Plan, 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. W.H. will provide the required labor and materials to paint eligible homes located in the SMCRA District. 2. License Requirement. All work will be performed by W.H. under the auspices of a licensed contractor. A copy of the license of the contractor shall be provided to the SMCRA prior. to the institution of any services. 3-. Terms. The SMCRA shall disburse payments to Wounded Healers Inc. based on adherence to the terms outlined in the resolution approving this Agreement 7. Termination Without Cause. The' performance of services under this agreement may be terminated upon ten (10) days written notice from the SMCRA. In the event of. termination by the SMCRA, W.H. shall not be entitled to any compensation other than that earned during the period up to termination. W.H: may terminate this agreement by giving sixty (60) days written notice to the SMCRA, and no compensation shall be given to W.H. after the day the notice is received by the SMCRA. 8. Independent Contractor. W.H., 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. 9. 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. Page 1 of 4 10. 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. 11. Assignment. W.H. may not assign, or transfer this agreement or any part of this agreement. 12. Authorized Agent. The SMCRA'and W.H. 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 W.H. shall be provided at the time of the joint execution of this agreement. 13. 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. 14. 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 Yvonne Soler- McKinley, Executive Director 6130 Sunset Drive South Miami, Florida 33143 To W.H.: St. John AME Church Wounded Healers .Rev. Gregory V. Gay, Sr., Pastor 6461 SW 59'" Place South Miami, Florida 33143 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 Page 2 of 4 of action or claim arising from this . agreement, so that' the liability be limited to a maximum of $20,000. Accordingly, and notwithstanding any other term or condition of this agreement, W.H. agrees that the SMCRA shall not be liable to W.H. for damages in an amount in excess of $20,000 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. W.H. 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 W.H. relating to this. agreement. W.H. 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. W.H. expressly understands and agrees that any insurance protection required by this agreement or otherwise provided by W.H: 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 and accompanying resolution approving execution of the Agreement constitutes the entire agreement between the SMCRA and W.H. 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: Page 3 of 4 i The City of South Miami Community St. John AME Church Wounded Healers Redevelopment Agency By: By: Yvonne Soler - McKinley, Rev. Gregory V. Gay, Sr. Executive Director Pastor Approved as to form: By: Eve A. Boutsis, General Counsel i i It 2001 Making our Neighborhood a Great Place to Uvr;, Work and Play' To: Honorable Chair and Date: January 8, 2007 SMCRA Board Members From: Yvonne Soler - McKinley ITEM No. SMCRA Executive Direct r FORGIVENESS OF SMCRA INCURRED EXPENDITURES. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO LAND ACQUISITION;. APPROVING A FORGIVENESS OF SMCRA INCURRED EXPENDITURES FOR EMERGENCY REPAIRS TO PROPERTY LOCATED AT 6443 SW 60TH AVENUE AND AUTHORIZING THE RELEASE OF ESCROWED FUNDING IN THE AMOUNT OF $15,724.08 TO FORMER. PROPERTY OWNER, GRAHAM; HANOVER, INC; AND PROVIDING AN EFFECTIVE DATE BACKGROUND During the April 10, 2006 Meeting, the Board approved a contract to purchase of 6442 SW 591h Place and 6443 SW 601h Avenue for a total price of $730,000. During the April Meeting, the Board offered to forgive repair expenditures incurred by the SMCRA totaling $15,748. The expenditures were incurred prior to SMCRA ownership of 6443 SW .60th Avenue and are a result of the emergency repairs and the provision of temporary housing for displaced residents of 6443 SW 601h Avenue (See Exhibit 1). Due to circumstances beyond the control of the SMCRA, the purchase and sale contract approved during the April Meeting was never fully executed. A subsequent purchase and sale contract was later approved by the Board on November 14, 2006 and the properties were formally purchased by the SMCRA on December 14, 2006. Prior to the real estate closing for the property, the former owner, Graham Hanover Inc. requested forgiveness of the above referenced expenditures. Funds in the amount of $15,724.08 were subsequently placed in the escrow account of the closing attorney, George Lott, Esquire. Approval of the - attached resolution shall authorize a forgiveness of SMCRA repair expenditures to 6443 SW - 60th Avenue and the release of escrowed funding in the amount of $15,724.08 to former owner,, Graham Hanover Inc. A vote to disapprove the attached resolution shall authorize a return of funds in the amount of $15,724.08 to the, SMCRA (See Exhibit 2). RECOMMENDATION Staff recommends approval of the attached resolution authorizing a forgiveness SMCRA incurred expenditures for repairs to 6443 S W 60th . Avenue and the release of funds in the amount of $15,724.08. to Graham Hanover Inc. Attachments: Draft Resolution Emergency Expenditure Approvals Escrow Funding Agreement YSM /SD/MCGRUFF \PLANNING \C R A\Approval of Purchase of Graham Hanover Propertics.doc 1 . RESOLUTION NO. 2 4 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY ' 5 REDEVELOPMENT ; AGENCY (SMCRA) RELATING TO LAND 6 ACQUISITION; APPROVING A , FORGIVENESS OF SMCRA 7 INCURRED EXPENDITURES . FOR EMERGENCY REPAIRS TO 8 PROPERTY LOCATED AT 6443 SW 60TH . AVENUE AND 9 AUTHORIZING THE RELEASE OF ESCROWED FUNDING IN THE 10 AMOUNT OF $15,724.08. TO FORMER PROPERTY OWNER, GRAHAM, 11 HANOVER INC; AND PROVIDING AN EFFECTIVE DATE. 13 WHEREAS,. during the April 10, 2.006 Meeting, : the, Board approved ;a, 14 purchase and sale . contract to' purchase of 6442 . S W .59th Place and 6443. SW 60`h A5.. Avenue for a total price of $730,000'and 16 . 17 WHEREAS, during the April 10,,.2006 Meeting, the Board offered to 18 forgive emergency repair expenditures incurred by the SMCRA totaling $15,748; 19 and 20 . 21 WHEREAS, .expenditures were incurred prior., to: SMCRA ownership of 22 6443: SW 60th Avenue and are a. result of the emergency repairs and the provision " 23 temporary housing for displaced residents of 6443 SW 60`x' Avenue,-.and 24 25 WHEREAS, due to circumstances` beyond the control of the SMCRA, the 26 purchase and sale contract approved during the April 10, 2006 Meeting was never .27. fully executed; and 28 29 WHEREAS, a subsequent purchase and sale contract was. approved by the .30 Board on November 14, 2006; and 31 32 WHEREAS, 6442 SW 59t,h.Place and. 6443 SW 60'. Avenue:were formally 33 purchased by the SMCRA on December X14, 2006; and 34 35 WHEREAS, prior to the real 'estate closing :for: the property, the owner 36 requested a forgiveness of the above referenced .expenditures ;and . 37 38 WHEREAS; funds in the amount of $15,724.08 were subsequently -placed 39 in the escrow account of the closing attorney, George Lott, Esquire; and 40 .. ' 41 WHEREAS, a vote to disapprove the attached resolution, shall authorize a 42 return of funds in the amount of $15,724.08 to the SMCRA. 43 EXHIBIT 1 RESOLUTION NO.,CRA 13 -06 -206 A RESOLUTION OF' THE SOUTH MIAMI COMMUNITY REDEVELOPMENT,,.:. AGENCY (SMCRA) , AUTHORIZING THE EXECUTIVE DIRECTORTO DISBURSE PAYMENT IN THE AMOUNT OF $9, 108.00. FOR. PROVIDING 'EMERGENCY HOUSING FOR DISPLACED: SOUTH': MIAMI : ''CRA' RESIDENTS" DURING THE EMERGENCY : REPAIR .OF HURRICANE RELATED ELECTRICAL DAMAGE SUSTAINED AT 6443 `SW . 60`h; AVENUE,, :BEARING FOLIO. NO.: 09- 4025.- 010 -0050; DATE. AND PROVIDING AN EFFECTIVE DA WHEREAS, on October, 10, 2005.the SMCRA Board authorized purchase of 6443 SW 60`" Avenue; and WHEREAS, 6443 SW 60' Avenue is currently under contract to be purchased by the SMCRA and will remain occupied until, purchase, has been finalized and existing tenants have been successfully. relocated; and WHEREAS, based on health safety; and welfare concerns, a, notice to proceed was issued on February 17, 200610 initiate electrical repairs of damage sustained during Hurricane Wilma at 6443 SW 60`" Avenue; and WHEREAS, .; on February 23,-2006,, the Board authorized an expenditure in. the amount ` of $6,500.00. to provide emergency housing to South . Miami residents displaced during. repairs of electrical:damage at 6443 SW ,60t.' Avenue; and WHEREAS; following :a mandatory inspection and order;by -the South Miami Building Department additional electrical deficiencies -Were. identified requiring an additional time to.complete emergency electrical repairs. WHEREAS, an additional expenditure in the .amount of $2,608.00 was incurred, by the SMCRA' while displaced residents secured alternative temporary.. housing accommodations; and. WHEREAS, the total expenditure incurred by the SMCRA for. providing emergency housing for the displaced residents is $9,108.00; and NOW THEREFORE BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY; Pagel of 2 RESOLUTION NO. CRA 12 -06 -205 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) AUTHORIZING THE EXECUTIVE. DIRECTOR TO DISBURSE, PAYMENT IN THE AMOUNT:. OF $6,640.00 ,. FOR THE EMERGENCY REPAIR OF HURRICANE RELATED ELECTRICAL DAMAGE SUSTAINED AT 6443 SW 60th. AVENUE, BEARING FOLIO NO.: 09 -4025- 010 - 0050. AND PROVIDING AN EFFECTIVE DATE. WHEREAS, during the October, 10, 2005 Meeting; the Board authorized purchase of 6443. 1 SW 60ffi Avenue from the Graham Hanover, Inc::for. the. purpose of assembling land to implement the Madison Square Development; and WHEREAS,'; 6443 SW 60th Avenue is currently under :contract to be purchased by the . SMCRA and will remain occupied until purchase . has been 'finalized and the,existing tenants have been successfully relocated; and WHEREAS, following an inspection and subsequent determination by South Miami Building Department on February 4; 2006, the existing structure was deemed to be- unsafe pending the repair of hurricane related electrical damage; and WHEREAS, based 'on the, determination by the South Miami Building Department' staff obtained individual:. cost estimates and. issued a notice to proceed to . Lighting Electric of Miami, Inc. to repair electrical deficiencies at 6443 SW, 60 Avenue; and WHEREAS, to date, the total amount incurred by the SMCRA to repair, hurricane related electrical damage'at 6443 SW 60th Avenue is $2,740.00;,and, WHEREAS, an additional expenditure in the amount of $3,900.00 will be required to repair outstanding electrical deficiencies at 6443 SW 6. ot ''Avenue; and NOW THEREFORE BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY; Section 1. The South Miami Community Redevelopment Board, ( SMCRA) authorizes the Executive Director to disburse payment in the amount of $6;440.00 to . Lighting Electric of Miami; .Inc: for emergency repairs to 6443 SW j 60`h Avenue; , i Page 1 of 2. !.EXHIBIT 2 December 1412006 The city of South Miami Community Redevelopment Agency by and through its Executive Director Yvonne Soler McKinley and Graham Hanover, Inc., agree to place certain funds in the escrow account of George Lott, Esquire, of Lott & Levine. These funds are requested as a credit to Graham Hanover, Inc. under the closing for the properties located at 6442 SW 59h Place and 6443 SW 60`h Avenue. The closing on these parcels shall proceed, and the disputed funds _& 7ZY 08 shall be held by Mr. Lott pending the January 2007 SMCRA meeting. At the January 2007 SMCRA meeting. the staff and Mr. Voche of Graham Hanover, .Inc. shall present a request to the . SMCRA board to request release of the funds to Mr. Voche as the representative of Graham Hanover, Inc. Should the SMCRA pass a resolution providing for forgiveness of the $15; �//.�amount, Mr. Lott shall upon'receipt of the executed resolution shall release the funds to Graham Hanover, Inca Should the SMCRA vote not to provide the credit to Graham Hanover, Inc., Mr. Lott shall upon receipt of an SMCRA executed resolution reflecting same shall release the funds a . c,T to the SMCRA. 1 4 Lvillc r onne Sol r Mc inely Ev A outsis C ecu ' Dir or S general counsel Z Gr am Han ver, Inc. Kimberly obo Brown By its President T - ral• V oche counsel to Graham Hanover, Inc. C� fnice Dantzler A I Al Pella Williams Chuck Gelman, a orney to Dantzler- Williams 111K, I Nlcmg�� 20M, 01 WoUng our Neighborhood a Great Place to Lit- Work and Play' To: Honorable Chair and Date: January. 8, 2007 SMCRA Board Members I From: Yvonne Soler- McKinley ITEM No. SMCRA Executive Director AUTHORIZATION TO PURCHASE 6411 SW 59TU PLACE RESOLUTION .A. RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO REAL PROPERTY; AUTHORIZING THE EXECUTIVE DIRECTOR TO,EXECUTE A PURCHASE AND SALE AGREEMENT TO PURCHASE 6411 SW 59'11 PLACE, SOUTH MIAMI, .FLORIDA BEARING FOLIO NO. 09 -4025- 010 -0290 FROM THE FLORIDA: DEPARTMENT OF FINANCIAL SERVICES FOR A PURCHASE PRICE OF $259000' IN ADDITION TO THE CITY OF SOUTH MIAMI FORGIVING ALL LIENS ASSESSED AGAINST THE PROPERTY;' AND PROVIDING AN EFFECTIVE DATE BACKGROUND During the April 11, 2005 Meeting, the -Board 'authorized the Executive Director to obtain property appraisals and to negotiate the purchase of properties required for development of Madison Square. Property, appraisals were subsequently obtained for all properties required for development. Based on a 2005 property •appraisal for 6.411 SW 59`" Place, the appraised value is $8,000. It should be noted that the property appraisal received for the identical adjacent vacant lot located at 6415 SW 59 0i Place was $38,500. The current Miami -Dade' County tax assessment for the 6411 SW .59'h Place is:$38,500 (See Exhibit 2). The subject property is located on the eastern portion of the proposed Madison Square Site and is the last' property, remaining to be purchased to complete acquisition of the eastern portion of the Madison Square site (See Exhibit l). The Board previously authorized purchase the adjacent property at 6415 SW 59`" Place with the .condition that the seller relinquishes all attempts to purchase 6411 SW 59`h Place. The current legal entity of 6411 SW 59th Place is the Florida Department-of Financial, Services. The current owner has offered to sell 6411 SW 590 Place to the SMCRA for a purchase price of $25,000 including a forgiveness of all City liens; assessed against with the property (See Exhibit'3). The; lien total associated with 6411 SW, 59th Place is $185,123.20 including additional interest costs that may accrue prior to final property closing (See Exhibit 4). Approval' of the attached' resolution shall' authorize the Executive Director to execute' a purchase and sale contract with the Florida` Department of Financial Services to purchase 6411 SW 591" Place for a purchase Trice'of $25,000: A request -will also. be. provided to, the City Commission to forgive all city liens assessed against the property. I RECOMMENDATION Staff recommends approval of the attached resolution authorizing the Executive Director to execute the attached purchase and sale contract with the Florida Department of Financial Services to purchase of 6411 SW 59t1i Place for a total purchase price, of $25,000 (See Exhibit 5) including a forgiveness of all city assessed liens. Attachments: Draft Resolution Miami -Dade County Property Assessment Florida Department of Financial Services Letter of Intent City of South Miami Lien List for 6411 SW 59'h Place Purchase and Sale Contract YSM /SD MCGRUFFIPLANNINGIC R AWuthorization to Purchase 6411 SW 59'h Place.doc 1 RESOLUTION NO: 3 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY 4s REDEVELOPMENT, AGENCY (SMCRA), RELATING TO REAL 5 PROPERTY; AUTHORIZING THE EXECUTIVE DIRECTOR TO 6 EXECUTE A PURCHASE AND SALE :AGREEMENT TO PURCHASE 7 ; 6411 ,SW ' 59th PLACE, SOUTH MIAMI, FLORIDA BEARING FOLIO 8 NO. :09-4025-010-0290 ..FROM ' THE . FLORIDA DEPARTMENT OF 9. FINANCIAL SERVICES FOR A PURCHASE PRICE OF. $25,000 IN 10 ADDITION .TO THE CITY OF SOUTH MIAMI FORGIVING ALL 11 LIENS ASSESSED AGAINST THE PROPERTY AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, during . the; April 11, 2005 Meeting,:. the,. SMCRA Board 15 authorized the Executive . Director to obtain appraisals and to negotiate the 16 purchase, of properties required to develop of the Madison Square Project; and 17 18 WHEREAS, a 2005 appraised property value received for 6411 SW 59` 19 :Place is ,$8,000; and .20 - 21 WHEREAS; a 2.005 property appraisal received for the adjacent, identical 22 vacant lot located at 6415 SW 59th Place was $38,500 23 24 WHEREAS, the current Miami -Dade tax assessment for 6411 SW 59" 25 Place is $38,500; and 26 27 WHEREAS, 6411 SW 59` Place is the last remaining property required to 28 be purchased to complete land' acquisition of the eastern portion of the Madison 29 ... Square site; : and 30 31 WHEREAS, the Board previously approved purchase. the .adjacent vacant. 32 . . lot located'at 6415 SW 59t' Place with the condition that.the seller of 6415 SW 33 59th Place relinquish all attempts to purchase 6411. SW 59'' Place; and 34 35 WHEREAS, the current legal entity of the property, is Florida Department 36 ' of Financial Services; and 37 . 38 WHEREAS, the Florida Department of Financial Services have offered to 39 sell 6411 SW 59h Place to the SMCRA fora purchase price of $25,000 including 40 a forgiveness of all City liens assessed against with the property; and . '41 42 WHEREAS, lien total associated with 6411 SW 59th Place. is $185,123.20. 43 including additional interest costs that may accrue prior to final property closing; . 44 and .2 WHEREAS, the SMCRA desires to purchase 6411 SW 59t' Place 'm order. 3 to facilitate development of the Madison Square Project. 4 . 6 NOW THEREFORE BE IT RESOLVED. BY THE . SOUTH 7 MIAMI COMMUNITY. REDEVELOPMENT AGENCY; 8 9 Section 1.: The South Miami Community Redevelopment' Board: 10 authorizes the Executive ;Director to enter into an option agreement . to purchase 11 .6415 SW 59th Place, South Miami, Florida, bearing Folio No. 09 -4025- 010 -0290 12 from .the Florida Department of Financial Services for' a total purchase price of 13 $25,000 in addition to the City of South Miami forgiving all City of South Miami 14 liens assessed against 6411 SW 59t1' Place in the amount of $185,123.20 in 15 addition to interest costs accrued prior to final property closing. 16 17 Section 2. A request will subsequently be presented to the City 18 Commission to release all cityliens assessed against 6411 SW 59ffi Place. 19` 20 Section 3. This resolution shall take effect immediately upon approval. 22 23 PASSED AND ADOPTED, this day of January 8, 2007. 24 25 ATTEST: APPROVED: 26 27 28 - 29 City of South Miami Chairperson Horace Feliu 30 Community Redevelopment Agency 31 Clerk \ 32 33 Board Vote: 34 Chairperson Feliu: 35 - Vice Chairperson Wiscombe: 36 READ AND APPROVED AS TO FORM: Board Member Palmer: .37 Board Member Birts: 38 Bo ar d Member Beckman: . 39 Board Member Ellis: 40 'Board Member Williams: 41 Eve A. Boutsis, Office of 42 General Counsel 43 44 45 J:1My Documents\CRA RESOLUTIONS 20071CRA Reso Purchase of 6411 SW 19th Place (01 -08 -07 meeting).doc MADISON SQUARE EAST EXHIBIT I X11 SW 59H .ACE SW 64TH STREET AND SW 59" PLACE LEGEND SOUTH. MIAMI CRA OWNED PROPERTIES ALL OTHER PROPERTIES IN PROPOSED SITE I I Nlharn�-F),acle Nly flonn�', Emu= .I ' _i"i I- Show Me: Propel,ty I nformatiml Search By-, Itenn T P� p kpp a'ser Tax E Summary Details: BOX 6,937i'�,) NO MAK EXHIBIT 2 r4 �Fla Sale Informatiom ;"o V,e pppmcVe your ft,.,edWiok, 3_'» s ,. take a m%r, M W cornp�ete r S ry Sale 01R.� Sahe I Assessment Informati6n, Hone I it I Ahog I PbOaCWTA0quY I ftiym I PJ_r.A,!@R-o.0 U, http:f"L1XS1'l1, iS'2. 11� Wt id,,ade,go\ H you experience technical difficulties with the Property Information app;� cat: mn, t� let us know, E-mail your comments, questions and suggestions to � ahnia.-s'ter iiz 4� 20C2 C'minty A0 rights reserv,;��d, EXHIBIT 3 FLORIDA DEPARTMENT OF FINANCIAL SERVICES Division of Rehabilitation and Liquidation www .floridainsurancereceiver.ora October 17, 2006 Eve A. Boutsis,.Esq. Office of the City Attorney City of South Miami Nagin Gallop Figueredo, P.A. 18001 Old Cutlex Road, Sui.td.556 . Palmetto Bay, FL 33157 Re: Aries Insurance Co. /6411 S.W. 59 Place Dear Ms. Boutsis: Thank you for forwarding to .us a copy of the fully executed. Option Agreement for Sale and Purchase dated September 25, 2006. In light of that.agreement,•the Department of Financial Services, as Receiver for Aries Insurance" of ipany `("the Receiver "), proposes the following terms for the sale of the above property to the City of South Miami Community Redevelopment Agency, ("SMCRA"): L Forgiveness of all City of South Miami and SMCRA liens by the City and- by SMCRA. 2. Payment of $25,000 to the Receiver by the SMCRA. 3. The Receiver will pay any and all outstanding property taxes and will clear up any remaining legitimate liens other than those in paragraph 1 above. Upon your acceptance of this offer and the parties' entry into a contract, the Receiver will seek court approval of that contract and of the sale of the property. PIease advise at your earliest opportunity whether the City and SMCRA accept the above proposal. Sincerely, , Jody E. Collins Senior Attorney cc:�'•'Hugfi•Dates . \ )61)YE.601,6 S- SENIORATTORNBY •..'., .-,:• .. DIVISION OF REHABILITATION AND LIQUIDATION P.O. BOX 0817, MIAMI, IiZIUDA 33152 -0817 - DIRWTTEL 786.336 -1371 - PAX 305499 -2271 Email Address: jody.collins@Iidfs.com - Websitc: www.noridainsuran="civcr.org Affirmative Action - Equal Opportunity Employer EXHIBIT ,4 November 7, 2006 Property Address: 6411 SW 59 PL Folio 9 09- 4025- 010 -0290 Col 41 Line # Date of Lien Amount of. Lien Interest at a rate of 18% per . annum (as of 1112010 Total Record Book Page Lien. List Item 4 119 Jun 28, 1993 $ 14,790.00 $ 35,658.69 $ 50,448.69 1 120 Jun 28, 1993 14,715.00 35,477.87 50,192.87 .2 121 Jun 28, 1993 14,715.00 35,477.87 •50,192.87 3 122 Jan 10, 1994 949.00 .2,196.94. 3,145.94 4 123 Jan 10, 1994 7,274.50 .16,840.47 24,114.97 5 124. Mar 27, 1995 1,034.00 2,167.78 3,201.78 6 125 Apr 22, 1996 235.50 447.44 682.94 7 126 Jan 28, 1997 210.50 371.74 582.24 8 127 Mar 6, 1997 285.50 498.77 784.27 9 128 Mar 6, 1997 285.50 498.77 784.27 10 129 Oct 22, 1997. 216.89 354.40 571.29 11 130 Nov 13, 1997 160.50 260.57 421.07 12 otal 185,123.20' C:Zocuments and Settings\DstephenlLo6I SettingsWemporary Intemet Files10LK6616411SW 59 PL PAYOFF ARIES 11 -7 -06 (2).doc EXHIBIT 5. Parcel # 6411 SW 591" Place, Miami, Florida 33143 Property Tax I.D. #: 09 -4025- 010 -0290 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made this _ day of , 2006, between Aries Insurance Company, by and through the Florida Department of Financial Services as Receiver for Aries Insurance Company (Seller), whose address is Post Office Box 817, Miami, . Florida 33152 -0817, and THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY FOUNDATION, INC., a dependent. agency of the City of South Miami established under Chapter 163, Florida Statutes, within Miami -Dade County; Florida, a political subdivision within the State of Florida, whose address is 6130 Sunset Drive,'. South Miami, Florida 33143, as ( "Buyer "). 1. AGREEMENT% Seller hereby grants to Buyer the right'to purchase the real property located in Miami - Dade County, Florida, described in Exhibit "A ", together with all improvements; easements and appurtenances ( "Property "), in accordance with the provisions of this Agreement. This Agreement becomes legally binding upon execution by the parties subject to the conditions stated below. 2. PAYMENT TERMS. A deposit of $2,500.00( "Deposit will be forwarded to Seller within five days of execution of this Agreement by both parties. 3. TOTAL PURCHASE PRICE. The total purchase price ( "Total Purchase Price ") for the Property is $25,000.00, plus the release of all city of South Miami and SMCRA liens. The current list of liens is attached as exhibit 1 to this Agreement. At closing Buyer shall obtain the release of all city liens and the Buyer shall be responsible for the costs associated with releasing the city liens and any SMCRA liens. The balance of the purchase price shall be paid by U.S. Cashiers Check or current funds wired to the account or escrow agent of the Seller's choice. Upon receipt of such funds, the deed and other closing documents shall be delivered to Buyer and the funds disbursed to Seller. Seller shall deliver to Buyer at the time of closing a "GAP" affidavit verifying that Seller has'.not caused any change in the status of title since the date of the title insurance commitment. Buyer is responsible. for release of -all SMCRA and city of South Miami liens as indicated herein. The grantee in Seller's Receiver's Deed shall be THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY FOUNDATION, INC. 4. CLOSING DOCUMENTS Title to Property shall be conveyed by Receiver's Deed (similar to quit claim deed). The Seller makes no warranty, express or implied, or representations, as to its title to the Property that is the subject of this , Agreement. Seller shall also deliver an affidavit attesting to the absence of any liens or potential liens known to Seller, gap affidavit and affidavit of possession. Conveyance of the Property from Seller to Buyer will take place at the closing, in exchange for the payment to be made by Buyer to Seller at closing as set forth above in this paragraph 4. 5. CONDITIONS TO AGREEMENT FOR SALE, AND PURCHASE. Conditions to purchase of the parcel are: (1) City of South Miami. and/or SMCRA shall release all liens against the property; (2) this Agreement is subject to the approval of the Second Judicial Circuit Court in and for Leon County, Florida; Page 1 of 7 which has jurisdiction over the Receivership of Aries Insurance Company. Seller will submit its request for approval of the Agreement from the Court. If the Court fails to approve this Agreement, this Agreement will be deemed null and void, and the Deposit will be returned to the Buyer and thereupon neither party shall have any further rights or obligations. With the exception of this. provision regarding the return of Buyer's Deposit in the event the Court does not approve this Agreement, this Agreement is not binding on the Seller until .Court approval is obtained as referenced above. 6.. HAZARDOUS MATERIALS. Buyer may perform, at Buyer's sole cost and exspense, an environmental site assessment of the Property. In the event that the environmental site assessment confirms the presence of Hazardous' Materials on the Property, Buyer, at its sole option, may elect to terminate this Agreement and neither party shall have any. further obligations under this Agreement. 7. EVIDENCE OF TITLE. Buyer shall, at its expense, procure a title insurance commitment. Notwithstanding the provisions of paragraph 8z,in the event the Buyer is not satisfied with the condition of title as evidenced by such commitment, Buyer shall, within ten days of receipt of such commitment, have the option of either accepting the title to the property in the matter as evidenced by the title commitment, or rescinding the transaction and obtaining the refund of the Deposit. In the event Buyer elects to proceed to acquire the Property, Buyer shall pay the purchase price as set forth in the Agreement without any. adjustment in the purchase price by reason of any matters referred to in the title commitment, except that the Seller shall pay any liquidated claims against the Property out of the closing proceeds which claims arise subsequent to the date of commitment and which are the obligation of the Receiver. 8. TITLE OBJECTIONS. If the title insurance commitment or survey furnished to Buyer pursuant to this Agreement discloses any defects in title, which are not acceptable to Buyer, Seller shall have no obligation to cure such defects, Buyer having the option of either accepting title as it then exists or demanding a refund of the Deposit paid, and upon receipt of such. Deposit, neither party shall have any further obligation under the Agreement.. a RESTRICTIONS, EASEMENTS, LIMITATIONS: Buyer shall take title subject to: zoning resetrictions, prohibitions, actions for condemnation and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility assessments; and taxes.for year of closing and subsequent years. Seller makes no representations or warranties regarding ingress or egress to the Property. 10. EXPENSES. Seller will pay the documentary stamps x and surtax on deed at the time of closing. Buyer shall pay all other expenses of closing, including but not limited to: inspection fees, Buyer's attorneys fees, the title commitment and title premium.. Page 2 of 7 11. TAXES AND ASSESSMENTS. All real estate taxes and assessments which are or which may become a lien against the Property shall be satisfied of record by Seller at closing. All taxes for the current year of closing, rents, interest and other income and expenses of the Property shall be prorated as at the date of closing. Buyer shall be responsible for obtaining its own insurance upon closing.. Buyer shall be deemed the owner of the Property on date of closing. 12. CLOSING PLACE AND DATE. , The closing shall be on or before 60 days after execution of this Agreement unless extended by written agreement of the parties.. The date, time and place of closing shall be set by Buyer and shall be held in Miami -Dade County, Florida. 13. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller agrees to deliver the Property in its present "AS IS" condition. Seller makes no warranty, express or implied, or representation, as to the condition of the land, or building, that is the subject of this Agreement. Buyer acknowledges that it has not relied upon any representations made by Seller as to the condition of the premises. Buyer releases Seller from any liability for failure to disclose facts affecting value. Buyer may inspect the Property in the period up to thirty (30) days prior to closing, and also determine if there are any encroachments upon the Property. In the event Buyer is not satisfied with the condition of the Property, Buyer shall have the right to rescind ' this Agreement, obtain a return of the Deposit, and thereupon neither party shall have any further obligation, each to the other, under this Agreement. All references contained in this Agreement to the "Inspection. Period" mean the Inspection Period just described. Buyer shall hold Seller harmless and indemnify Seller from any and all claims, demands and causes of action caused by Buyer, its employees or agents being upon the Property. 14. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the date this Agreement is executed by Seller, Buyer and its agents, upon reasonable notice, shall have the right to enter the Property for all lawful purposes in connection with the this Agreement. Seller shall deliver possession of the Property to the Buyer at closing. 15. MAINTENANCE Between the date hereof and date of closing, the Property and other improvements, if any , shall be maintained by Seller in the condition existing on the date of the Agreement, ordinary wear and tear excepted. 16. BROKERS. Seller warrants that no persons, firms, corporations or other entities are entitled to a real estate commission or other fees as a result of this Agreement or subsequent closing. 17. RECORDING. This Agreement, or notice of it, may be recorded by Buyer in the appropriate county or counties. 18. ASSIGNMENT. This Agreement may be assigned by Buyer, in which event Buyer will provide written notice of assignment to Seller. This Agreement may not be assigned by Seller without the prior written consent of Buyer. 19. TIME. Time is of essence with regard to all dates or times set forth in this Agreement. Page 3 of 7. 20. SEVERABILITY. In the event any of the provisions of this Agreement are deemed to be unenforceable; the enforceability of the-remaining provisions of this Agreement shall not be affected. 21. FAILURE OF PERFORMANCE If Buyer fails to perform this Agreement within the time specified (including payment of the Deposit) the Deposit paid by the Buyer may be retained. If Seller fails, neglects or refuses to perform this Agreement, the Buyer may seek specific performance or elect to receive the return of Buyer's Deposit without thereby waiving any action for damages resulting from Seller's breach. 22. SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement, Seller's heirs, legal representatives, successors and assigns will be bound by it. Upon Buyer's approval of this Agreement, Buyer and Buyer's successors and assigns will be bound by it. Whenever used, the singular shall include the plural- and one gender shall include all genders. 23. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment to this Agreement shall. be binding unless executed in writing by the parties. 24. WAIVER. Failure of Buyer or Seller to insist .upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force and effect. 25. - AGREEMENT EFFECTIVE. This Agreement or any modification, amendment or alteration thereto, shall not be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto. 26. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 27. NOTICE. Whenever either party desires or is required to give notice unto the other, it must be given by written notice, and either delivered personally or mailed to the appropriate address indicated on the first page of this Agreement, or such other address as is designated in writing by a party to. this Agreement. 28. SURVIVAL. The covenants, warranties, representations, indemnities. and undertakings of Seller set forth in this Agreement shall survive the closing, the delivery and recording of the deed described in paragraph 4 of this. Agreement and Buyer's possession of the Property. 29. INJUNCTIVE RELIEF. Buyer may seek injunctive relief to secure compliance with the terms of this Agreement. 30. SOVEREIGN IMMUNITY AND ATTORNEYS' FEES AND COSTS.. The, Buyer 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 Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and costs. THE BUYER'S PERFORMANCE AND OBLIGATION TO PAY UNDER THIS AGREEMENT IS CONTINGENT UPON APPROVAL BY THE BUYER'S BOARD. Page 4 of 7 THIS IS TO BE A LEGALLY BINDING CONTRACTIF, NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR.TO SIGNING. SELLER: Aries Insurance Company, by and through the Receiver, Florida Department of Financial Services, Witness as to Seller Witness as to Seller By: Dated: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 2006, 'by S/he is personally known to me or has presented as identification. (NOTARY PUBLIC Notary Public SEAL) (Printed, Typed or Stamped Name of Notary Public) My Commission Expires: Page 5 of 7 Witness as to Buyer Witness as to Buyer BUYER THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY FOUNDATION, INC. By: Name: Yvonne Soler McKinley, SMCRA: Executive Director Attest: Maria Menendez, (Clerk or Deputy Clerk) (OFFICIAL SEAL) ' Approved as to Form and Legality By: Eve A. Boutsis, General Counsel for The South Miami Community Redevelopment Agency Foundation, Inc. STATE OF FLORIDA COUNTY OF MIAMI -DADE Date signed by Buyer The foregoing instrument was acknowledged before me this day of September, 2006, by Yvonne Soler McKinley as Executive Director of THE SOUTH MIAMI COMMUNITY REDEVELOPMENT `AGENCY FOUNDATION, INC., Florida on behalf of the Buyer who is personally known to me or who has presented as identification. (NOTARY PUBLIC) SEAL Notary Public (Printed, Typed or Stamped Name-of Notary Public) Commission No.: My Commission Expires: Page 6 of 7 EXHIBIT "A" Legal Description N1 /2 of Lot 28, Block 5 of FRANKLIN. SUBDIVISION, as recorded in Plat Book 5, Page 34 of the Public Records of Miami -Dade County, Florida; lot size 2,750. square feet; OR 18229 -2642 0798 3. 2001 Making our Neighborhood a Great Place to Live, Work and Play/'• To: Honorable Chair and SMCRA Board Members From: Yvonne Soler - McKinley' Executive Director Date: January 8, 2007 ITEM No.. _ SINGLE- FAMILYREHABILITATION AWARD - WOODLEY A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT .AGENCY APPROVING A SINGLE - FAMILY REHABILITATION GRANT AWARD IN THE AMOUNT $2,517.50 TO MR. AND. MRS. WILLIS WOODLEY FOR HOME IMPROVEMENTS TO .6441 SW 57" PLACE AND AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE GRANT FUNDING IN THE AMOUNT OF $2,517.50 AND CHARGING THE AMOUNT TO ACCOUNT NUMBER 610 - 1110 -533 99 -30 (RESIDENTIAL REHABILITATION GRANT ACCOUNT); AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The intent of the SMCRA Single- Family Residential Rehabilitation Grant Program is to rehabilitate and enhance the existing housing stock in SMCRA Community. To facilitate these objectives the State of Florida and Miami -Dade County have granted legal powers to the SMCRA to administer housing rehabilitation grant programs. The Agency has recently received a funding request from Mr. &.Mrs. Willis Woodley for . home improvements to 6441 SW 57 Place (See Exhibit 1). Three cost estimates have been provided for the replacement of a damaged screen enclosure. The Woodley's existing, enclosure was substantially damaged during the 2005 Hurricane Season. Installation estimates of $2650, $2,600 and $2,535 have been provided. The lowest installation estimate, of $2,535 was selected for SMCRA funding consideration. Based on the program requirements (See Exhibit 3), $2,500 of the total request is eligible for the first level of grant funding and $17.50 is eligible for the second level of matching grant funding. Pending approval, the total award amount will be $2,517.50. Staff has reviewed the completed grant application has provided a requirement checklist as Exhibit 4. Attached as Exhibit 5 are the draft agreements required for the project. Funding disbursement by the . SMCRA will be contingent upon a recording of appropriate deed restrictions on the subject. property. Approval of the attached resolution shall authorize the Executive Director to disburse funding in the amount of $2,517.50 to Mr. & Mrs. Willis & Mamie Woodley for home improvements to 6441 SW 57 Place-The total amount will be charged to Account No. 610 - 1110 - 533 -99 -30 (Residential Rehabilitation Grant Account). Following funding disbursement, the remaining balance in Account No. 610 - 1110- 533 -99 -30 will be $43,662.50 RECOMMENDATION Staff recommends approval . of the attached resolution authorizing the Executive Director to disburse funding in the amount of $2,517.50 to Mr. & Mrs. Willis & •Mamie Woodley for home improvements to 6441 SW 57 Place.. Attachments: Draft Resolution Cost Estimates Program Requirements Eligibility Checklist Draft Grant Agreements 221 RESOLUTION NO. 3 . 4 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY S REDEVELOPMENT AGENCY APPROVING .-A -SINGLE-FAMILY, . 6 REHABILITATION GRANT AWARD IN THE AMOUNT. $2,517.50 TO 7: MR. AND MRS. WILLIS WOODLEY FOR :HOME. IMPROVEMENTS 8 TO '6441 SW 57'" I PLACE AND AUTHORIZING' THE EXECUTIVE 9 DIRECTOR TO DISBURSE GRANT FUNDING IN: THE AMOUNT, OF 10 $2,517.50 AND CHARGING THE AMOUNT TO ACCOUNT NUMBER 11 610- 1110 - 533 -99 -30 (RESIDENTIAL: REHABILITATION.- GRANT 12 ACCOUNT); AND PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, the .intent of the. SMCRA Single- Family ' Residential, 15 Rehabilitation Grant Program is to rehabilitate and 4nhance the existing housing 16 :stock in SMCRA Community; and 17 18 WHEREAS, to facilitate these objectives the State of Florida and Miami- .19 Dade County have granted legal powers to the SMCRA to, administer housing 20 rehabilitation grant programs; and 21 .. 22 WHEREAS, the Agency.has . recently received a funding request from Mr. 23 & Mrs. Willis Woodley for home improvements to 6441 SW 57 Place; and 24 25 WHEREAS, three cost estimates have, been provided for the replacement ..26. of a damaged screen enclosure including estimates in the amounts of $2,650, 27 $2,600.00 and $2,53.5.00; and 28 29 WHEREAS, the Woodley's existing enclosure was substantially damaged- 30 during the 2005 Hurricane Season; and 31 32 WHEREAS, the lowest of .the'. three cost. estimates $2,535.00 has been 33 selected for SMCRA funding consideration; and 34. ..35 WHEREAS, based on the requirements of the program; $2,500 'of the total 36 request is eligible for the first level of. gr ant funding and $17.50 is eligible for the ` 37 second level of matching.grant funding; and 38 39 WHEREAS, pending Board approval; the total rehabilitation grant award 40 shall be $2,517.50; and 41 42 WHEREAS, funding disbursement by the SMCRA shall require execution 43 of a grant agreement, mortgage agreement, promissory note, applicant affidavit 44 and the recording of appropriate deed restrictions; and 1 h 2 WHEREAS , staff . as reviewed .the completed grant ,application and has 3 determined that. the funding, request is consistent with the eligibility requirements . 5 of the Single- Family Residential Rehabilitation Program 6 7 NOW THEREFORE . `BE IT, RESOLVED BY ` THE COMMUNITY 8 REDEVELOPMENT AGENCY OF THE CITY OF . SOUTH MIAMI, 9 FLORIDA THAT: 10 11 Section 1. The . South Miami Community . Redevelopment : Agency 12 authorizes the Executive ' Director to disburse grant funding in the amount 13 $2,517.50 to Willis.. & Mamie. Woodley for the installation of a screen 14 enclosure at 6441 SW 57 Place: The total funding amount will be charged 15 '.to Account No. 610- 1110- 533- 99- 30.:(Residentia1 Rehabilitation Grant 16 Account). Following' disbursement of funding. the: raining balance in 17 Account No. 610 -1110- 533 -99 -30 (Residential Rehabilitation Grant': 18 Account) will be $43,662.50 19 . 20 Section 2. Funding disbursement shall be contingent upon a recording of 21 the appropriate deed restrictions on the subject property. 22.. 23 Section 3. This,resolution shall take effect immediately upon adoption. 24 25. 26 PASSED AND ADOPTED this day,of January, 2007: .27 28 29 ATTEST: APPROVED: 30 31j. 32 City of South Miami Chairperson Horace Feliu 33 Community Redevelopment Agency 34 Clerk 35 Board Vote: 36 Chairperson Feliu: 37 Vice Chairperson, Wiscombe: 38 READ AND APPROVED AS TO FORM: Board Member Palmer: 39 Board Member Birts: 40 Board Member Beckman: 41 Board Member Ellis: 42 Board Member Williams: 43 Eve A. Boutsis; General Counsel 44 45 46 JAMy DocumentACRA RESOLUTIONS 20071CRA Reso Rehab Grant Woodley (01 -08 -07 mecting).doc i D �IC C C• ION APPLICANT AN Q -APPLI ANT�INFORMAT ; ;,.::� ��• APPLICANT'S NAME - - SOCIAL DATE OF BIRTH S SECURITY # MARRIED MARITAL STATUS .................................................................... ............................:.. SEPARATED . (check one) . ..... .................. ...... ... .... :.. ..... ....... ......................... :.............................. 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UNMARRIED (includes single, divorced & widowed) WORK PHONE ( ( ) H HOME when can you be eached: y PHONE w when can you be reached: yam P Hi.�F t'LiaZw {i..,i'. `y.� .1'ti A.a�. � � l �,;•`�'�� >•�.M���rY •x..�«t�% ,•,,L• �i',.� _'�':�s: CURRENT_�.,: w ls'a� # ADDRESS. ....................................................... How long at this address? Y YEARS M MONTHS !r. _ _ •.y. y: •`••:Y^ 7..' ::M K .:. � �.. ..'.y `: r4.f�O.:�:Lt: iy r' �' � .•+. i di:' �l�' K'a',•�. {r.� Via: �:]:' ..t• >� , $' '.G.`.^7•ii•K F -r.. �' ..ds?X�:_,.ls!s'=�,pf•wi�yr ter '�^+�r!.i'w!J�'�� R.L�c�l`'A;''3�4'.1`.r•. �..li •i'�t�y�� ,t�rar�...�.•.�,:y� �..9.• r u•Y .,� C. 7Y: �3".*' ay. �c' If.' J. t�) +; {�M~..%.°}•i.FAIC.Il'i'?Z'i i'•a�7..P,atLV F'= +i:iali/1��•f � U-1G.iT ,a.. . . v . ,• era•.; .• - 4lt °..s� :;�,r{:. ".r,.•L_it�l�j. + SOUTH MIAMI CRA Certification and Signature 1 (We) hereby certify that all of the foregoing information is true and complete to the best of my (our) knowledge, and hereby give my (our) permission to the City of South Miami Community Redevelopment Agency (SMCRA) (or any lender acting on the Agency's behalf)" to conduct further credit and financial investigation, as deemed necessary to determine eligibility. Furthermore, I, (we) agree to. abide by the eligibility and program requirements set forth in connection with any opportunities which may be offered to me (us) by the SMCRA pursuant to this application. I (we) understand that false, inaccurate, or incomplete information in the foregoing application shall be considered cause for me (us) to be disqualified from participation. in the Residential Rehabilitation Program for Single - Family Homes, a program of the SMCRA, and I (we) must immediately notify the Agency of any change in my (our) income, status of employment prior to closing for re- verification. I (we) further understand than an "Affidavit of No Income Change" must be signed prior to receiving any program benefits. I .(We) hereby authorize the SMCRA or any lender acting on the Agency's behalf to verify my past and present employment, past and present landlord information, past and present mortgage loans, and any other credit information as needed. I (we) understand a copy of this form will also serve as authorization. WARNING: Florida Statute 817 provides that willful false statements or misrepresentation concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable .4 fines and imprisonment provided under statute 775.082 or 775.83. Signature of Applicant �, as r City of South Miami Cornmunit y Redevelopment Agency 6130 Sunset Drive, South Miami, FL 33143 Greg Oravec, Director Phone:. 305 -663 -6338 FAX: 305- 663 -6345 NOTICE TOAPPLICAN 1 This notice is provided to you as required by the Right to. Financial Privacy Act of 1978 and states that the South Miami Community Redevelopment Agency (SMCRAj has a right of access to financial records held by any financial institution in connection with the consideration or administration of the housing loan for which you have applied. Financial records involving your transaction will be available to the SMCRA without further notice or authorization, but will not be disclosed or released. to another government agency or private entity without your consent, except as required or permitted by law. Name Date __.Name Date Miami -Dade My Home 09- 4025 - 015 - 0170 Pro ert : 6441 SW 57 PL My Home a Address: MAMIE C Beds /Baths: 6441 SW 57 PL SO MIAMI Show Me: FLA Property Information 33143 -3605 Search By: 2,142 Select ltem �a $25,000 0 Text only 6,000 SQ FT Year Built: 1950 Property Appraiser Tax Estimator UNIVERSITY PARK PB 18- Summary Details: 6�LLOOT 50 LOT SIZE 60.000 Folio No.: 09- 4025 - 015 - 0170 Pro ert : 6441 SW 57 PL Mailing WILLIS WOODLEY &W Address: MAMIE C Beds /Baths: 6441 SW 57 PL SO MIAMI Floors: FLA Living Units:I 33143 -3605 Property Information: Primary 0100 SINGLE FAMILY Zone: RESIDENCE CLUC: 0001 RESIDENTIAL - Building Value: SINGLE FAMILY Beds /Baths: 2/1 Floors: 12 Living Units:I $90,306 dt Sq 2,142 Footage: $25,000 Lot Size: 6,000 SQ FT Year Built: 1950 Legal UNIVERSITY PARK PB 18- Description: 6�LLOOT 50 LOT SIZE 60.000 Page 1 of 2 Digital Orthophotography - 2006 0 110 ft ;fir: We appreciate your feedback, please take a minute to complete our survey. Sale Information: Sale 0 /R: Sale Date: 0/0 y Home I Property information I Property faxes Sale Amount: $0 y Neighborhood I Property Appraiser Assessment Information: ear: 2006 2005 Land Value: $89,971 $42,174 Building Value: $194,253 $162,498 Market Value: $284,224 $204,672 ssessed Value: $90,306 $87,676 Homestead Exemption., $25,000 $25,000 Disabilit y Exem tion., 1 $500 $500 Total Exemptions: $25,500 $25,500 1$62,176 Taxable Value: $64,806 a 4 a http: // gisims2 .miamidade.gov /myhome /propmap. asp 1/1/07 EXHIBIT 2 BBB MEMBER SOUTHEAST FLORIDA SCI Gustomer Name c, �!( .f1/' Date Address �f j' 'ev Order No. City Sfat& FL Phone _.._._ _ -- - T..___ FOB MY Description Unit Price TOTAL Q Cash Q Check 1 Q Credit Card Name CC Expires i y, 1 SubTotai Shipping & Handling i —' - - -^ T axes State TOTAL !office Use Only i Please cheek us out at www.sunshinehomeservices.com Thank you for your business! 8508 SW 129 Terrace ® Miami, Florida 33156 -6521 s Phone: 305 - 251 -0300 a Fax: 305 -234 -2006 PROPOSAL PROPOSAL NO. SHEET NO t xz`"a U SW AALT ter „ . e Mir,, ar, F Q27 DATE Dade:. 36,53'00.6559 ree ma-, WORK TO BE PERFORMED AT. 1 tBroward 9549 G09 - "_:r ADDRESS ADDRESS CITY, STATE 100111 Va a✓ CITYSTATE DATE OF PLANS r` PHONE NO. ARCHITECT r We hereby propose to furnish the materials and perform the labor necessary for the completion of dy 4 e n et All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of: , 3 Dollars ($¢. with payments to be as follows An alteration or deviation from above s eciftations involvm extra costs Any p s � Respectfully submitted will be executed only upon written order, and will become an extra charge / over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Per Note - This proposal may be withdrawn by us it not accepted within days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You areuthorized to do the work as specified. Payments will be made as outlined above..` SIGNATURE r' DATE > zr' SIGNATURE 7r aL. M S ALES l "le 2alr &' �efl 4!liniaws, Scrorns, {assu sT o, ba{ r 0- tips RL ShoLver Enclosures a �/` .67 •. +, .k17 kwtx' �. aV J80J'S% 81st .•,� ki (Awb.' % ' 7 t '��' 7r7� °'� ^FiAIAMI L-33143 (305),GSC 63i0 3:r �..� `^�. '�.,X,� .cr+i+.:.t ..,'�?:'Y y�•+71 Kip Rs g 43 is t M1y �6 ! ' :. '� t i � ,r r �. j . CUSTOMER'S ORDER NO. PHONE DATE NAME f ADDRESS/ try ! 7�J;'r' + Ir. 7 SOLD BY CASH C.O.D. CHARGE I ON ACCT. MDSE. RETD. PAID OUT • • • swam a ' NO RETURN ONOU •TOM CUT 141ttTERIA!� h TAX RECEIVED BY ` �'"7 ( % TOTA �' Pa DU 610T v All claimsatid retur'e6j.Fo s must be accpmpanied bit bill ; r r tr ✓ :, ti —� °�� TO Pcic)idel"K ��' `a �,aWo'f ne 4 c o-. w :5 ::E •o v+ -h ` o a o < -h 0- o -q , w -t rD rD J. 7 F-• (D -h -5 -h -r• w J. 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Q .0 ro ro U, Dq n `C CCD ' y d En cr ._+ CD O Q. O a 5' ro a O o ,c w 3 rD `° o �! -- U, -w O 3 V a 3,N a m tv m m Z 3 (D CD, 1' ro B. Q .0 ro ro U, Dq n `C CCD ' y d En cr ._+ CD O Q. O a 5' ro a O o ,c w 3 rD `° ;.EXHIBIT 4 South Miami Community Redevelopment Agency Residential Rehabilitation Single Family Grant Program Check list Objectives: • To reduce time To make the Process simpler The applicant must file a complete application with CRA staff. At the time of filing, the Applicant mustsubmitthe following: �d Completed application pf Letter of intent; (Letter form the.owrier for Scope of work) e" Proof of ownership (Dade county property description, Deed, Copy of Property tax.) ©- Income verification (W2 form, Social Security or disability letter stating income, last two checks if no other:form of income verification is available aContractors' price estimates (estimates from;a minimum of two firms shall be provided for $2,500 or.less } Ei Contractors' price estimates (estimates from a minimum of three firms shall be provided for $2,500 or more ) d."Before'pictures of scope of work - Before completion G-l"roposed improvements must meet all applicable requirements, including building and zoning codes; and ❑ Finished Before pictures of scope of work 7 EXHIBIT 5 SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY GRANT PROGRAM AGREEMENT FOR SINGLE - FAMILY REHABILITATION THIS GRANT AGREEMENT is entered into this 8 day of January, 2006 , between the SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (Agency), and Willis & Mamie Woodley of 6441 SW 57 Place Miami Florida 33143 (Grantee), (the Parties). WITNESSETH: WHEREAS, the Agency. has budgeted funds to provide, grants benefiting applicants who rehabilitate:single- family property in the Agency's redevelopment area and WHEREAS, the Grantee will perform the services required under the Agency's program. NOW, THEREFORE, the Parties agree as follows: ARTICLE I SCOPE OF SERVICES The. Grantee shall provide the rehabilitation of single - family property as: shall be approved by the City of South Miami's building official, and as attached in the Scope of Services labeled Exhibit "L" ARTICLE II CONDITION OF SERVICES The Grantee agrees to the following: a) The rehabilitation shall benefit very low, low, or moderate income. City. of South Miami residents. b) Maintain records including, but not be limited to; the following: 1. Information identifying household income, head of household, ethnicity, race and gender, to the extent allowed by law; 2. Other documentation required by the Agency. c) : The Grantee shall not, for a period of three (3) years from the execution of this agreement, rent or otherwise convey the property or any portion of the property. d) Allow the Agency and/or City of South Miami officials on the premises and give access to inspect the site and building for code violations. This right may be exercised at any time, upon reasonable notice of not less than forty -eight (48) hours, except in an emergency. e) The Grantee shall, to the extent permitted by law, allow all necessary personal and financial background investigations to be conducted by the Agency. f) The Grantee shall not use the Premises, or any portion, or permit the same to be used for any illegal, immoral or improper purposes, nor to make; 'or permif to be made, any disturbance, noise or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the demised; premises. Any violation of this provision within three (3) years from the execution of this Agreement shall result in the entire grant being repaid by the Grantee to the Agency. ARTICLE III TERM OF AGREEMENT This Agreement shall be deemed effective upon execution by both parties, and shall terminate on Three (3)years from January 8, 2007. A schedule of ,completion. regarding all exterior and interior improvements is attached as Exhibit "2." ARTICLE IV AMOUNT OF GRANT The Agency shall award the Grantee an amount not to exceed $2,517.50 Dollars. Payment shall be made by providing 50% of the total grant amount within forty -five (45) days of the execution of all necessary documents, including this Agreement, and the remaining 50% within 14 days of all required certificates and approvals from any governmental entity of the rehabilitation work and submittal of proof of expenditures. Never shall the amount of the grant exceed the cost of the expenditures relating to the rehabilitation. ARTICLE. V DEFAULT For purposes of this Agreement (and the documents referenced or incorporated), a default shall include without limitation the following acts or events of the Grantee, its agents and employees, as applicable and as further detailed below: (1) Failure to comply with applicable federal, state and local regulations and laws. (2) Breach regarding any of the terms and conditions of this Agreement. 2 In the event of a breach, the Agency shall receive back the Grant amount and may . exercise any and all rights including the rights to bring any and all legal and/or equitable actions in Miami -Dade County, Florida, in order to enforce the Agency's right and remedies against the Grantee. The Agency shall be entitled to recover all costs of such actions including a reasonable attorney's fee, at trial and appellate levels, to the extent allowed by law. ARTICLE VI AMENDMENTS Any alterations, variations, modifications or waivers or provisions of this Agreement shall only be valid when they have been reduced to writing, duly approved and signed by both parties, and attached to the original of this Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. No .other agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties. ARTICLE VII TERMINATION It is expressly understood and agreed that in the event of curtailment or non - availability of Grant funds, this Agreement will terminate effective as of the time that it is determined by the Agency that funds are no longer available. In the - event of such determination, the Grantee agrees that it will not, look to nor seek to hold liable the Agency for the further performance of this Agreement and the Parties shall be released from further liability each to'the other under the terms of this Agreement. ARTICLE VIII INDEMNIFICATION The Grantee shall defend, indemnify and hold harmless the Agency, its officers, employees and agents, against any claims, suits, actions, damages, proceedings, liabilities and costs (including attorney's fees) arising from or, in connection with this Agreement or any contracts the Grantee may enter into, with third.parties pursuant to this Agreement. The Grantee shall pay all claims and losses of any nature, and shall defend all suits, on behalf of the Agency, its officers, employees, or agents when applicable and shall pay all costs and judgments which may issue. ARTICLE IX AUDIT AND INSPECTIONS At any time during normal business hours and as often as the Agency may . deem necessary, there shall be made available to the Agency the right, to audit and examine all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other 3 data relating to matters covered by this Agreement. It is further understood that all records and supporting documents pertaining to this Agreement shall be kept for a minimum period of three (3) years from the date of expiration of this Agreement and shall be to the extent required by law, be public records available for inspection and copying. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the three year period, the records must be retained until completion of the action and resolution of all issues which arise. If during the course of an audit, the Agency determines that any payments made to the Grantee do not constitute an allowable expenditure, the Agency will have 'the right to deduct/reduce those amounts from their related invoices. The -Grantee must maintain records necessary to document compliance with the provisions of the Agreement. ARTICLE X NOTICES It is understood and agreed between the parties that all notices which may arise in connection with this Agreement shall be considered sufficient when made in writing and mailed or delivered to the appropriate address: If to the Agency: South Miami Community Redevelopment Agency 6130 Sunset Drive South Miami, FL 33143 Attn: Executive Director Grantee: ARTICLE XI SUBCONTRACTS The Grantee agrees that no assignment or subcontract will be made in connection with this Agreement without the express written consent of the Agency. ARTICLE XII . SEVERABILITY OF PROVISIONS If any provision of this Agreement is. held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. ARTICLE XIII PROJECT 'PUBLICITY The Grantee agrees that any news release or other type of publicity pertaining to the Program must recognize the Agency as an entity which provided funds for the project. [The rest of this page is intentionally left blank.] ARTICLE XV LIMITATION OF LIABILITY The Agency desires to enter into this Agreement only if in so doing the Agency can place a limit on the Agency's liability for any cause of action arising out of the Agreement, so that its liability will never exceed the agreed sum of $2,517.50 Dollars. Grantee expresses its willingness to enter into this Agreement with Grantee's recovery from the Agency for any action or claim arising from this Agreement to be limited to $2,517.50 Dollars. Payments under the Agreement shall be set -offs against any award of damages against the Agency. Accordingly, and notwithstanding any other term or condition of this Agreement, Grantee agrees that the Agency shall not be liable to Grantee for damages in an amount excess of $ 2,517.50 Dollars, for any action or claim of the Grantee or any third party arising out of this Agreement. Nothing contained -in this paragraph or elsewhere `in this Agreement is in any way intended to be a waiver of the .limitation placed upon Agency's liability as set forth in Chapter 768, Florida Statutes. Additionally, the Agency does not waive sovereign immunity, and no claim or award against the Agency shall include attorney's fees, investigative costs or prejudgment interest. IN •WITNESS WHEREOF, the parties have executed this Agreement by their respective proper officers duly authorized the day and year first above written. ATTEST ATTEST Secretary APPROVED AS TO FORM General Counsel 6 GRANTEE By: Title: SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY By: Executive Director CITY OF SOUTH MIAMI COMMUNTIY REDEVELOPMENT AGENCY RESIDNTIAL REHABILITATION PROGRAM MORTGAGE This Mortgage made on the 8 day of January, 2007, between Willis & Mamie Woodlev , a married couple, hereinafter called the Mortgagor, residing at 6441 SW 57 Place, Miami Florida and the City of South Miami Community Redevelopment Agency (Mortgagee). WITNESSETH: WHEREAS, the Mortgagor desires to secure the payment of an indebtedness in the principal amount of Two Thousand Five Hundred & Seventeen Dollars and Fifty cents (52,517.50) with interest payable in accordance with a Promissory Note bearing even date with this Mortgage which is attached as "Schedule A" and made a part of this Mortgage, and all other indebtedness which the Mortgagor. is obligated to pay to the Mortgagee pursuant to the provisions of the Note of this Mortgage, hereby grants, conveys and mortgages to the Mortgagee the parcel of land situated in Miami -Dade County, Florida and described as follows: Lot 50, Block 1,of the "Amended Plat of University Gardens" Subdivision according to the plat thereof; as recorded in Plat Book 18 at Page 46 of Public Records of Miami Dade County, Florida. UNIVERSITY PARK PB 1846 LOT50 LOT SIZE 60.000 X 100 TOGETHER with all appurtenances and all the estate and rights of the Mortgagor in and to such property or in any way appertaining, all buildings and other structures attached to, or used in or in the operation of, any such land, buildings or structures which are necessary to the complete use and occupancy of such buildings or structures for the purposes for which they were or are to be erected or installed, including but not limited to all heating, plumbing, bathroom, lighting, cooking, laundry, ventilating, refrigerating, incinerating and air - conditioning equipment and fixtures, and all replacements and additions, whether or not the same are or shall be attached to such land, buildings or structures in any manner. TOGETHER with any and all awards made for the taking of the mortgaged property, or any part thereof (including any easement) by the exercise of the power of eminent domain, including any award for change of grade of any street or other roadway, which awards are assigned to the Mortgagee and are deemed a part of the mortgaged property, and the Mortgagee is authorized to collect and receive the proceeds of such awards, to give the proper receipts and acquittance, and to apply the same toward the payment of the indebtedness secured by this Mortgage, notwithstanding the fact that the amount owing may not then be due and payable; and the Mortgagor agrees, upon request by the Mortgagee, to make, execute and deliver any and all assignments and other instruments sufficient for the purpose of assigning each such award to the Mortgagee, free, clear and discharged of any encumbrances or any kind and nature; and TOGETHER with all right, title and interest of the Mortgagor in and to the land lying in the streets and roads in front of and adjoining the above described land (all the above described land, buildings, other structures, fixtures, articles of personal property, awards and other rights and interests being collectively call the "Mortgaged Property"). TO HAVE AND TO HOLD the Mortgaged Property and every part unto the Mortgagee, its successors and assigns forever for the purpose and uses set forth. The Mortgagor further covenants and agrees with the Mortgagee, as follows: 1. The Mortgagor will promptly pay the principal of and interest on the indebtedness evidenced by the Note, and all other charges and indebtedness provided in the Note and in this Mortgage, at the times and in the manner provided in the Note and in this Mortgage. 2. The Mortgagor will pay when due all ground rents, if any, and all taxes, assessments, waiver rates and other governmental charges, fines, and impositions of every kind and nature imposed on the mortgaged property or any part, and will pay when due every amount of indebtedness secured by any lien to which the lien of this Mortgage is expressly subject. 3. This Mortgage and the Note were executed and delivered to secure ,moneys advanced in full to the Mortgagor by the Mortgagee as or on account of a loan evidenced by the Note, for the purpose(s) described or referred to in the City of South Miami Community Redevelopment Agency Residential Rehabilitation Program dated-March 5, 2001, to or on the mortgaged Property, and for such other purpose, if any. 4. No building or other 'structure or improvement, fixture, or personal property managed shall be removed or demolished without the prior written consent of the Mortgagee. The Mortgagor will not make, permit or suffer any alteration of or addition to any building or other structure or improvement to be erected or installed upon the mortgaged property or any part, nor will the Mortgagor use, or permit or suffer the use of any of the mortgaged property for any purpose other than the purpose or purposes for which the same is now intended to be used, without the prior written consent of the Mortgagee. The Mortgagor will maintain the mortgaged property in good condition and state of repair and will not suffer or permit any waste to any part and will promptly and with all the requirements of federal, state and local governments, or of any departments, divisions or bureaus, pertaining to such property. 5. The Mortgagor will not voluntarily create, or permit or suffer to be created or to exist, on or against the mortgaged property, or any part, any lien superior to the lien of this Mortgage, exclusive of the lien or liens, if any, to which this Mortgage is expressly subject, as set forth' in the granting clause above, and will keep and maintain the same from the claims of all parties supplying labor or materials which will enter into the construction or installation of improvements. This Mortgage shall have priority over all other encumbrances except a purchase money first mortgage. 6. a) The Mortgagor will keep all buildings; other structures and improvements, including equipment, now existing or which may be erected or installed on the land mortgaged, insured against loss by fire and other hazards, casualties and contingencies, in such amounts and manner, and for such periods, all as may be required-from time to time by the Mortgagee. Unless otherwise required by the Mortgagee, all insurance shall be effected by Standard Fire and Extended Coverage Insurance policies, in amounts not less than necessary to comply with the coinsurance clause percentage of the value applicable to the location and character of the property to be covered. All such insurance shall be.carried in companies approved by the Mortgagee and applicable to the location and character of the property to be covered. All such insurance shall be carried 'in companies approved by the Mortgagee and all policies shall be in such form and shall have attached loss payable clauses in favor of the Mortgagee and any other parties as shall be satisfactory to the Mortgagee. All policies and attachments shall be delivered promptly to the Mortgagee unless they are required to be delivered to the holder of a lien of a mortgage or similar instrument to which. this Mortgage is expressly subject, in which latter event, certificates, satisfactory to the Mortgagee, shall be delivered promptly to the Mortgagee. The Mortgagor will pay promptly when due, as provided, any and all premiums on such insurance, and in every case in which payment is.not made from the deposits required by this Mortgage, promptly submit to the Mortgagee for examination receipts or other evidence of such payment as shall be satisfactory to the Mortgagee. The Mortgagee may obtain and pay the premium on (but shall be under no obligation to do so) every kind. of insurance required if the amount of such,premium has not been deposited as required by this Mortgage, in which event the Mortgagor will pay the Mortgagee every premium so paid by the Mortgagee. b)- In the event of loss or damage to the-mortgage property, the Mortgagor will give to the Mortgagee immediate notice by mail, and the Mortgagee may make and file proof of loss if not made otherwise promptly by or on behalf of the Mortgagor. Each insurance company issuing any such policy is hereby authorized and directed to make payment for such loss to the Mortgagor and the Mortgagee jointly, unless the amount of loss is payable first to the lienholder under a mortgage or similar instrument to which this Mortgage is expressly subject, and the insurance proceeds, or any part, if received by the Mortgagee, may be applied by the Mortgagee, at its option, either in reduction of the indebtedness secured, or to the restoration or. repair of the mortgaged property in extinguishment of such indebtedness, all right, title and interest of the Mortgagor in and to every such insurance policy then in enforce, subject to the rights and interest of the holder of any such prior lien, shall, pass to the grantee acquiring title to the mortgaged property together with such policy and appropriate assignment of such right, title, and interest which shall be made by the Mortgagor. 7. The Improvements and all plans and specifications shall comply with any and all applicable municipal, county, state and federal ordinances, regulations and rules made or promulgated by lawful authority, and upon their completion, shall comply with the rules of the Board of Fire Underwriters having jurisdiction. 2 8. Upon any failure by the Mortgagor to comply with or perform any of the terms, covenants or conditions of the Mortgage requiring the payment of any amount of money by the Mortgagor, other than the principal amount of the loan evidenced by the Note, interest and other charges, as provided in the Note, the Mortgagee may at its option makessuch payment. Every payment so made by the Mortgagee (including. reasonable attorney's fees incurred),, with interest thereon from date of such payment, at the rate of four percent (4 %) per annum, except any payment for which a different rate of interest is specified herein, shall be payable by the Mortgagor to the Mortgagee on demand and shall be secured by this Mortgage. This Mortgage with respect to any such amount and the interest thereon shall constitute a lien on the mortgaged property prior to any other lien attaching or accruing subsequent to the lien of this Mortgage. ' 9. The Mortgagee, by any of its agents or representatives, shall have the right to inspect the mortgaged property from time to time at any reasonable hour of the day. Should the mortgaged property at any. time require inspection, repair, care or attention of any kind or nature not provided by the Mortgagor as determined by the Mortgagee in its sole discretion, the Mortgagee may, after notice to the Mortgagor, enter or cause entry to be made upon the mortgaged property and inspect, repair, protect, care for or maintain such property, as the Mortgagee may in its sole; discretion deem necessary, and may pay all amounts of money, as the Mortgagee may in its sole discretion deem necessary. 10. The principal amount owing on the Note together. with interest and all other charges, as provided in the Note,' and all other amounts of money owing by the Mortgagor to the Mortgagee pursuant to and secured by this Mortgage, shall immediately become due and payable without notice or demand upon the transfer or alienation of the Mortgaged Property to another person other than the Mortgagor, except is such transfer is to the surviving spouse, appointment of a receiver or liquidator, whether voluntary or involuntarily, for the Mortgagor or any of the property of the Mortgagor, or upon the filing of a petition by or against the Mortgagor under the provisions of any State insolvency law, or under the provisions of the Bankruptcy Act of 1898, as amended, or upon the making by the Mortgagor of an assignment for the benefit of the Mortgagor's creditors. The Mortgagee is authorized to declare, at its option, all or any part of such indebtedness immediately due and payable upon the happening of any of the following events which shall constitute a default on that Note and any other Note which this mortgage secures: a) Failure to pay the amount of any installment of principal and interest, or other charges payable on the Note which shall have become due; b) Nonperformance by the Mortgagor of any covenant, agreement,' term or condition. of this Mortgage, or the Note (except as. otherwise provided in subdivision (a) or of any other agreement made by. the Mortgagor with the Mortgagee in connection with such indebtedness, after the Mortgagor has been given due notice by the Mortgagee of such nonperformance; c) Failure of the Mortgagor to perform any covenant, agreement, term or condition in any instrument creating a lien upon the mortgaged property, or any part, which shall have priority over the lien of this Mortgage; d) The Mortgagee's discovery of the Mortgagor's failure in any application of the Mortgagor to disclose any fact deemed by the Mortgagee to be material, or of the making, or in any of the agreements entered into by the Mortgagor with the Mortgagee (including, but not limited to, the Note and this Mortgage) of any misrepresentation by, on behalf of,'or for the benefit of the Mortgagor; e) The sale, lease or other transfer of any kind or nature of the. mortgaged property, or any part, without the prior written consent of the Mortgagee, including the subordination of this mortgage or- owner /s refinancing of the mortgage property. The Mortgagee's failure to exercise any of its rights shall not constitute a waiver. All the events in this Paragraph enumerated upon the happening of any of which the Note shall become, or may be declared to be, immediately due and payable are in this Mortgage called "events of default ". 11. The Mortgagee may from time to time cure each default under any covenant or agreement in any instrument creating a lien upon the mort gaged property, or any part which shall have priority.over the lien of this Mortgage, to such extent as the Mortgagee may exclusively determine, and each amount paid, if any, by the Mortgagee to cure any such default shall be paid by the Mortgagor to the Mortgagee, and the Mortgagee shall also become subrogated to whatever rights the holder of the prior lien might have under such instrument. 12. a) After the happening of any default, the Mortgagor shall, upon demand of the Mortgagee, surrender possession of the mortgaged property to the Mortgagee, and the Mortgagee may enter such property, and let the same and collect all the rents therefrom which are due or to become due, and apply the same, after payment of all charges and expenses, on account of the indebtedness secured, and all. such rents and all losses existing at the time of such default are assigned to the Mortgagee as further security for the payment of the indebtedness secured, and the Mortgagee may also dispossess, by the usual summary proceedings, any tenant defaulting in the payment of any rent to the Mortgagee. b) In the event that the Mortgagor occupies the mortgaged property or any part, the Mortgagor agrees to surrender possession after such default, such possession shall be as a tenant of the Mortgagee, and the Mortgagor: shall pay in advance, upon demand by the Mortgagee, as a reasonably monthly rental for the premises occupied by the Mortgagor, an amount at least equivalent to one - twelfth the aggregate of the twelve monthly installments'payable under the " Note in the current calendar year, plus the actual amount oft the annual ground rent; if any, taxes, assessments, water rates, other governmental charges, and insurance premiums payable in connection with the mortgaged property during such year, and upon the failure of the Mortgagor to pay such monthly rental, the Mortgagor may also be dispossessed by the usual summary proceedings'applicable to tenants. This covenant shall become effective immediately upon the happening of any such default, as determined in the sole discretion of the Mortgagee, who shall give notice of such determination to. the Mortgagor, and in the case of foreclosure and the appointment of a receiver of the rents, the covenant shall inure to the benefit of such receiver. 13. The Mortgagee in any action to foreclose this Mortgage shall be entitled to the appointment of a receiver without notice, as a matter of right and without regard to the value of the mortgaged property, or the solvency or insolvency of the Mortgagor or other party liable for the payment of the Note and other.indebtedness secured by this Mortgage. 14. The Mortgagor, within ten (10) days upon request in person or within twenty (20) days upon request by mail, will furnish promptly a written statement in form satisfactory to the Mortgagee, signed by the Mortgagor and duly acknowledged, of the amount then owing on the Note and other indebtedness secured by this Mortgage, and whether any offsets or defenses exist against such indebtedness or any part. 15. The Mortgagor shall give. immediate notice by registered or certified mail to the Mortgagee of any fire, damage or other casualty affecting the mortgaged property, or of any conveyance, transfer or change in ownership of such property, or any part. 16. Notice and'demand or request maybe made in writing and maybe served in person or by mail. 17. In case of a foreclosure sale of the mortgaged property,- it may be sold in one parcel. 18. The Mortgagor will not assign the rents, if any, in .whole or in part,. from the mortgaged property, or any part, without the prior written consent of the Mortgagee. 19.The Mortgagor is lawfully seized of the mortgaged property and has good right, full power and lawful authority to sell and convey the same in the manner above provided, and will warrant and defend the same to the Mortgagee forever against the lawful claims and demands of any and all parties whatsoever. , 20.The Mortgagor waives the benefit of all homestead exemptions as to the debt secured by this Mortgage and as to any expenditure for insurance, taxes, levies, assessments, dues or charges incurred by the Mortgagee pursuant to any provision of this Mortgage. 21.This Mortgage and all the covenants, agreements, terms and conditions herein contained, shall be binding upon and inure to the benefit of the Mortgagor and the heirs, legal representatives and assigns of the Mortgagor, and to the extend permitted by law, every subsequent owner of the mortgaged property, and shall be binding upon and inure to the benefit to the Mortgagee and its assigns.. If the Mortgagor consists of two or more parties, this Mortgage shall constitute a grant and mortgage by all of them jointly and severally, and they shall be obligated jointly and severally under all these provisions I and under the Note. The word "Mortgagee" shall include any person, corporation or other party who may from time to time be the holder of this Mortgage. Wherever used, the singular number shall include the plural, the plural number shall include the singular, and the use of any gender shall be applicable to all genders wherever the sense requires. IN WITNESS WHEREOF, this Mortgage has been duly signed and sealed by the Mortgagor on or as of the day and year first above written. Signed, sealed and delivered in the presence of:_ Witness (Print Name) [Name] Owner Witness (Print Name) Owner Address: STATE OF FLORIDA COUNTY OF MIAMI -DADE The foregoing Mortgage was acknowledged before me this day of , 20079 by who is /are personally known to me, or who has produced: the, following: as identification and who did not take an oath. Typed/Printed Name: Title: Notary Public, State of Florida' This instrument prepared by: John C. Dellaglona General Counsel City of South Miami Community Redevelopment Agency 6130 Sunset Drive South Miami, FL 33143 5 i 'RESIDENTIAL REHABILITATION PROGRAM AGREEMENT NUMBER:CRA BORROWER (S): Willis & Mamie Woodley PROPERTY ADDRESS: 6441 SW 57 Place Miami, Florida 33143 AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI -DADS BEFORE ME, the undersigned Notary Public, personally appeared Willis & Mamie Woodley of 6441 SW 57 Place Miami Florida .33143 who, having.been duly sworn according to law, deposes and says:, 1. Affiant is the owner of the real property described in Exhibit "A" attached hereto, hereinafter referred to as the "Premises" attached hereto. 2. That the South Miami Community Redevelopment Agency ("SMCRA "..) has approved Affiant's application under the Residential Rehabilitation Program for Single Family Homes and is issuing a grant to Affiant pursuant .thereto 3. Affiant states that there are no actions, proceedings, . judgments, bankruptcies, liens or executions recorded among the Public Records of Dade County,, Florida, or any other county in Florida or pending against Affiant in the courts of Dade County, or other courts in any other State or Federal Liens that could be recorded in the.Public Records. 4. There has been no change in title to the above described Premises from that which was shown in the title evidence previously submitted by me to the,SMCRA and there are no matters pending against 'me that could give .rise to a lien that would attach to.the Premises. S.Affiant has not and hereby agrees and represents that.. Affront will not execute any instrument, or do any act whatsoever, that in any way would affect the title to the, Premises including, but not limited to, the mortgaging or conveying the 'Premises or any interest in it or causing any liens to be recorded against the Premises or the Affront. 6. Affiant agrees to indemnify and save the South Miami Community Redevelopment Agency harmless from and against any loss, damage, cost, expense and outlay, including without limitation all attorneys' fees and court costs, which it may at any time sustain, incur or be' exposed to by., reason or in consequence of the representations made herein by Affiant. STATE OF FLORIDA) SS COUNTY OF'MIAMI -DADS) I HEREBY CERTIFY that on this day.before me, an 'officer duly qualified-to take acknowledgments, personally appeared To me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that he /she /they executed -the same, and who presented as identification the following: and he /she /they did take an.oath. WITNESS my hand and official seal in the County and State lasts aforesaid this day of, 20 CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL REHABILITATION PROGRAM -'PROMISSORY NOTE Schedule A Amount $2,517.50 AgreementNo: Date: January 8, 2007 FOR VALUE RECEIVED ;. the undersigned jointly and severally .promise(s) to . pay to, the City of South Miami Community Redevelopment Agency (hereinafter referred to as the "Agency "), in the manner hereinafter specified, the principal sum of Two Thousand Five Hundred7'& Seventeen Dollar, s and Fiftv cents (2,517.50.00) Dollars, payable without interest except as herein below or otherwise provided. This Promissory'Note is made to evidence the loan made to the undersigned by the Agency pursuant to the City of South Miami Community Redevelopment Agency Residential Rehabilitation Program. So long as-the undersigned has not provided false information in support of the application for the loan, or has not otherwise violated the City of South Miami Community Redevelopment. Agency Residential Rehabilitation Program, the aforementioned principal sum shall be. partially forgiven in the amount of.$ 839.16 each year over a 3.year period, until fully forgiven at the conclusion of 3 years . This Note is secured by a mortgage, of even date herewith, on the real property owned and occupied by the undersigned located at 6441 SW.57 Place South Miami, Florida 33143 (the "Property ").. If the undersigned 'fails to occupy the Property as a single family dwelling, has provided false information in support of,the application for loan or has otherwise violated the City of South Miami Community Redevelopment ;Agency Residential Rehabilitation Program, or if the Property securing this Note is sold or in any way alienated or transferred,. except if such transfer is to a surviving spouse, such an event shall constitute a default, and the aforementioned principal sum shall, at the option- of, the holder. hereof, become at'once due and collectable without.notice, time being of the essence, and shall bear.interest.from such time until paid at the rate of four percent (4.%) simple interest per year on the unpaid principal amount then owing. Determination that - the Property is occupied by the undersigned as a single family dwelling, the alienation,.transfer or sale of the'Property,.or the undersigned's violation of 'the City of South Miami Community Redevelopment Agency Residential Rehabilitation Program sufficient to call for payment of this Note shall rest with the Agency..and /or its designated agents and the maker shall be notified of the time and place of payment. Subordination of this Note or•the Owner's refinancing of the subject Property shall also constitute default. The undersigned reserve(s) the right to repay at.any time all or any part of the principal amount of this Note without the payment of penalties or premiums. If the, principal amount of this Note is not paid 'when due, the undersigned's action shall constitute a default and the undersigned shall, at the option of the Agency, pay to the Agency the late charge of one ,percent per, calendar month, or fraction thereof, on the amount past due and remaining unpaid. Failure of the Agency to exercise such option'shall not constitute a waiver of such default. If the undersigned shall default on payment under this Note, or provide. false information in support of the application for loan, or otherwise violate the City of,South Miami, Community Redevelopment Agency Residential Rehabilitation Program, the undersigned may be subject to penalties authorized by state and local laws, codes, rules and regulations. If this Note be reduced to judgment, such.- judgment shall bear. the statutory interest rate on judgments -/. If suit is instituted by the Agency to recover on this Note, the undersigned agree(s); to pay all costs of such collection including reasonable attorney.'s fees, at trial and appellate levels, and court costs. DEMAND, protest and, notice of demand and protect are hereby waived, and the undersigned hereby waives, to the extent authorized by law, all. Homestead and exemption rights which otherwise would apply to the debt evidenced by this Note. Whenever used herein the terms "holder ", "maker" and "payee" shall be construed in the singular or plural as the context may require or admit. IN WITNESS WHEREOF, this Note has been duly executed by. the undersigned as of its date..