05-22-07 SPECIALr�
I1j1® C
]001
"Making ourNeighbatood a Great Place to Live, Kt)(k and PW
Chair Horace Feliu SMCRA General Counsel Eve Boutsis
Vice Chair Randy G. Wiscombe SMCRA Acting Director Stephen David
Member Velma Palmer SMCRA Secretary Maria M. Menendez
Member Marie Birts
Member Jay Beckman
Member Adrian Ellis
Member Rodney Williams
SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY
Special Meeting
Meeting Date: Tuesday, May 22, 2007 Time: 6:00 PM
Next Meeting Date: Monday June 11, 2007 Time: 6:30 PM
6130 Sunset Drive, South Miami, FL Phone:(305) 668 -7236
City of South Miami Ordinance No. 08 -06 -1876 requires all
lobbyists before engaging in any lobbying activities to
register with the City Clerk and pay an annual fee of
$125.00. This applies to all persons who are retained 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
AGENDA - SPECIAL MEETING 5 -22 -07
RESOLUTIONS)
1. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY (SMCRA) APPROVING THE
AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI
COMMUNITY REDEVELOPMENT AGENCY AND H. CAPO
CONSTRUCTION CORP., ( "CAPO CONSTRUCTION ");
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE THE
AGREEMENT AUTHORIZING CAPO TO CONSTRUCT TWO SINGLE
FAMILY HOME FOR TWO ELIGIBLE SMCRA AFFORDABLE
HOUSING FAMILIES; AND PROVIDING FOR AN EFFECTIVE
DATE.
Ul1l•111- 11 vi lAl-"
PLEASE `;TAKE, NOTICE THAT SECTION 2- 2.1'(k) (2) OF i�.,= 'CODE. 'OF
ORDINANCES, PROVIDES. THAT ANY PERSON DIKING `PERSONAL
27dPERTXZ OR SLANDEROUS REMRKS OR WHO SHAZZ BECO14E
BOISTEROUS '''WHILE ADDRESSING THE COMaSSION` SHALL BE
FORTHWITH BARRED FROM FURTRER AUDIENCE 'BEFORE Tl COUNCIL
BY TEE, PRESIDING, OFFICER, UNLESS ' PERMISSION TO CONTINUE BE
GRANTED BY A `MAJORITY VOTE- OF TIE COMUSSION.
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS
IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR
OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT
OTHERWISE ALLOWED BY LAW.
l
COMMUNITY REDEVELOPMENT AGENCY
AGENDA - SPECIAL MEETING 5 -22 -07
]001
Making our Neighbahood a Gnral Plane to Live Kbrk and P far'
May 18, 2007
South Miami Community Redevelopment Agency ( SMCRA)
c/o Maria M. Menendez, City Clerk/Secretary
6130 Sunset Drive
City of South Miami 33143
Re: Calling a Special Meeting: Tuesday, May 22, 2007
Honorable Members of the SMCRA Board:
This is to notify all of you that I am hereby calling a Special Meeting of the South Miami
Community Redevelopment Agency ( SMCRA) for Tuesday, May 22, 2007 starting at
6:00 p.m., in the City Commission Chambers. The purpose of this meeting is to address
an item relating to the construction of two single family homes for two eligible SMCRA
affordable housing families.
Enclosed is the agenda and back up for your information.
Sincerely,
Horace G iu, Mayor
Signed B
Maria M. Menendez, City Clerk/Secret
(As per directions from Mayor Feliu through City Manager McKinley.
The Mayor is presently out of town)
Cc: Yvonne Soler- McKinley, City Manager
Eve Boutsis, City Attorney
Enc.
2001
Making our Neighborhood a Great Place to 1JVe, Work and PIW
To: Honorable Chair and
SMCRA Board Meml
From: Stephen
Date: May 22, 2007
ITEM No. I
AUTHORIZATION TO ENTER
INTO AGREEMENT WITH THE
CAPO CONSTRUCTION
CORPORATION
A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY ( SMCRA) APPROVING AN AGREEMENT
BETWEEN THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT
AGENCY AND' THE CAPO CONSTRUCTION CORPORATION; AUTHORIZING
THE SMCRA DIRECTOR TO EXECUTE THE AGREEMENT AUTHORIZING THE
CAPO CONSTRUCTION CORPORATION TO CONSTRUCT TWO SINGLE
FAMILY HOMES FOR TWO ELIGIBLE SMCRA AFFORDABLE HOUSING
FAMILIES; AND PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND
Pursuant to the adopted SMCRA Redevelopment Plan and Interlocal Agreement, the SMCRA
is authorized to conduct infill housing programs and to encourage affordable housing
development in the SMCRA area. To facilitate these objectives, the SMCRA entered into
grant agreements to Greater Miami Neighborhoods to construct affordable homes at 5895 SW
67th Street; and 6400 SW 57th Court. In accordance with SMCRA and US HUD guidelines,
Greater Miami Neighborhoods Inc. had selected the Goodman Family and the Brown Family
as the eligible affordable housing purchasers of the designated homes.
Greater Miami Neighborhoods has however subsequently defaulted under the terms of the
executed grant agreements and has now agreed to re- convey the lots to the SMCRA. Housing
construction was initially started on the two housing lots and never completed. In anticipation
of lot re- conveyance and in order to avoid any further delays in construction, the.SMCRA is
seeking to enter into contract with a qualified contractor to provide sole source construction of
the two homes on an expedited schedule.
The Capo Construction Corporation has recently approached the SMCRA and expressed
interest in completing construction of the two homes. Capo Construction Inc. has a proven
track record and has successfully completed numerous residential - projects in the South Miami
area and throughout Miami -Dade County (See Exhibit A). At this time, the SMCRA wishes
to enter into an agreement with Capo Construction to facilitate completion of two homes in
accordance to the previously approved building plans. As indicated in Exhibit A, Capo
Construction Corporation has agreed to construct the two homes at the previously agreed
upon home prices of $145,000 for 6400 SW'571h Court and $145,000 for 5895 SW 57th Court.
The Capo .Construction Corporation anticipates completion of construction within 180 days
following the re- conveyance of the two properties:
According to the terms of the attached agreement, if Capo Construction fails to construct a
single family home as outlined in Exhibit 1, the property shall revert to the possession and
ownership of the SMCRA under the conditions outlined and all improvements shall be
forfeited to the SMCRA. Conversely if Capo Construction satisfactorily completes
construction of the two homes and agrees to perform the covenants hereinafter mentioned, the
SMCRA shall agree to convey to Capo Construction, in fee simple absolute, clear of all
encumbrances by a good and sufficient warranty deed, to the properties.
RECOMMENDATION
Due to the extenuating circumstances involved in completing the aforementioned project,
including numerous construction delays, and subsequent contract default by Greater Miami
Neighborhoods, staff recommends: approval of the attached resolution authorizing the
SMCRA Director to enter into sole source agreement with Capo Construction Inc. to
complete construction of two homes located at 5895 SW 59th Place and 6400 SW 59th Place.
Attachments:
Capo Construction Inc. Letter of Interest and Accomplishments
Affordable Housing Grant Agreement
SD /MCGRUFF \PLANNING \C R A\Authorization to Enter Into Construction Agrcement.doc
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI
COMMUNITY REDEVELOPMENT AGENCY ( SMCRA)
APPROVING AN AGREEMENT BETWEEN. THE CITY OF
SOUTH MIAMI COMMUNITY REDEVELOPMENT
AGENCY AND THE CAPO CONSTRUCTION
CORPORATION; AUTHORIZING THE SMCRA DIRECTOR
TO EXECUTE THE AGREEMENT AUTHORIZING THE
CAPO CONSTRUCTION CORPORATION TO CONSTRUCT
TWO SINGLE FAMILY HOMES FOR TWO ELIGIBLE
SMCRA AFFORDABLE HOUSING FAMILIES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the SMCRA has adopted a Community Redevelopment Plan
which authorizes the SMCRA to conduct its infill housing programs; and
WHEREAS, the SMCRA desires to implement the infill housing program
by increasing the number of affordable houses in the SMCRA area and
WHEREAS, the SMCRA provided two grant agreements to Greater Miami
Neighborhoods (GMN).to construct homes at 5895 SW 67`" Street; and 6400 SW
57`" Court; and
WHEREAS, in accordance ' with SMCRA guidelines and US HUD
Guidelines, GMN had selected the Goodman Family and the Brown Family as the.
eligible affordable housing purchasers of the two homes to be constructed; and,
WHEREAS, GMN has defaulted under the grant agreements and has
agreed to re- convey the land to the SMCRA; and
WHEREAS, due, to extenuating circumstances and in anticipation of re-
conveyance of the land, and in order, to avoid any further delays in construction of
the two homes; the SMCRA is seeking an eligible contractor to provide sole
source construction of the two homes on an expedited schedule; and
,WHEREAS, the Capo Construction Corporation has approached the
SMCRA and has expressed interest in assisting the SMCRA in constructing the
`h t"
two affordable homes located at 5895 SW 67 Street and 6400 SW 57 Court; and
I WHEREAS; housing construction on the two lots was initially started by
2 Greater Miami Neighborhoods however was never completed
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4 WHEREAS, the SMCRA wishes to enter into an agreement with Capo
5 Construction to allow the construction company to construct two single family
6 homes according. to documented plans for the two affordable housing eligible
7 SMCRA residents; and
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9 WHEREAS, the homes shall be constructed at 5895 SW 67`h Street; and
10 6400 SW 57`h Court; and
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12 WHEREAS, the Capo Construction Corporation, has agreed to 'construct
13 the two affordable homes at the previously designated home prices of $145,000
14 (6400 SW 57`h Court) and $145,000 (5895 SW 57`' Court); and
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16 WHEREAS, if Capo Construction fails to construct a single family home
17 as outlined in the , grant agreement, the property will revert to the possession and
18 ownership of the SMCRA under the ,conditions outlined in the agreement all
19 improvements shall be forfeited to the SMCRA.
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21 WHEREAS, Capo. Construction proposes to complete construction on the
22 Properties consisting of two residential houses, together with all appurtenances,
23 fixtures, and improvements ( "Improvements "). The Improvements shall be
24 constructed in accordance with plans and specifications which have been
25 submitted and approved by the City of South Miami Building Department; and
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27 WHEREAS, if Capo Construction satisfactorily completes construction of
28 the two residential homes and agrees to perform the- covenants hereinafter
29 mentioned, the SMCRA covenants and agrees to convey to. Capo Construction,
30 in fee simple. absolute, clear of all encumbrances by a good and sufficient warranty
31 deed, to the Properties.
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33 WHEREAS, In addition to the warranty deeds Capo Construction and any
34 affordable housing purchaser shall be obligated to comply with an SMCRA deed
35 restriction. requiring the property, to be purchased by an affordable housing
36 -purchaser, and any sale of the property over the next 15 years shall require sale to
37 a subsequent affordable housing purchaser as defined by U.S. HUD guidelines and
38 the SMCRA guidelines.
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40 NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY
41 REDEVELOPMENT AGENCY OF THE CITY. OF SOUTH MIAMI,
42 FLORIDA THAT:
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2 Section 1. The above whereas clauses are incorporated by reference.
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4 Section 2. The SMCRA Board hereby approves the agreement between
5 the South Miami Community Redevelopment Agency and H. Capo Construction
6 Corporation, to construct two affordable homes located at 5895 SW' 67`x' Street
7 (Folio No. 09- 4025 - 028 - 0300); and 6400 SW. 57"' Court (Folio No. 09 -4025-
8 015- 0030).
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10 Section 3. The SMCRA Director is authorized to execute the agreement
11 attached hereto as Exhibit 1.
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13 Section 4. This resolution shall take effect immediately upon adoption
14 of this resolution.
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PASSED AND ADOPTED this
day 'of May, 2007.
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ATTEST:
APPROVED:
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City of South Miami
Chairperson Horace, Feliu
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Community Redevelopment Agency
25
Clerk
Board Vote:
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Chairperson Feliu: _
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Vice Chairperson Wiscombe:
28
READ. AND APPROVED AS TO FORM:
Board Member Birts:
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Board Member Palmer:
30
Board Member Beckman:
31
Board Member Ellis:
32
Board Member Williams:
33 Eve A. Boutsis, Office General Counsel
34 Nagin Gallop & Figueredo, P.A.
35 South Miami Community Redevelopment Agency
36.
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EXHIBIT 1
• AGREEMENT FOR DEED BETWEEN
THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY
AND H. CAPO CONSTRUCTION COMPANY, CORP.
THIS AGREEMENT is made this day 'of , 2007, between
the South Miami Community Redevelopment Agency ( SMCRA) and the H. Capo
Construction Corp. ( "Capo Construction ")
WHEREAS, the SMCRA and Capo Construction desire for Capo
Construction to assume primary responsibility for completing construction of two
homes on the properties identified in Exhibit 1; and
WHEREAS, two low income applicant home buyers have been selected in
accordance with applicable Federal, State, County and local ,laws and guidelines;.
and
WHEREAS, the construction of the homes have been plagued by delays
and as a result the SMCRA has elected to enter into this agreement with Capo
Construction to complete the construction of the two homes; and
WHEREAS, the SMCRA is the owner of the real properties described
under Exhibit 1 (the "Properties "); and
WHEREAS, Capo Construction proposes to complete construction on the
Properties consisting of two residential houses, together with all appurtenances,
fixtures, and improvements ( "Improvements "). The Improvements shall be
constructed in accordance with plans and, specifications which have been
submitted and approved by the City of South Miami Building Department
(attached as Exhibit 2); and
WHEREAS, the .Capo Construction Corporation has agreed to construct the
two affordable homes at the previously designated home prices of $145,000 (6400
SW 57th Court) and $145,000 (5895 SW 571. Court); and
WHEREAS, if Capo Construction satisfactorily completes construction of
the two residential . homes and agrees to perform the covenants hereinafter
mentioned, the SMCRA covenants and agrees to convey to Capo Construction
Construction, in fee simple absolute, clear of all encumbrances by a good and
sufficient warranty deed, to the Properties described in Exhibit 1. In addition to
the warrantv deeds Capo Construction and anv affordable housina purchaser shall
be obligated to comply with an SMCRA deed restriction requiring the property to
Page 1 of 7
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SFAGC
be purchased by an affordable housing purchaser, and any sale of the property
over the next 15 years shall require sale to a subsequent affordable housing
purchaser as defined by U.S. HUD guidelines and the SMCRA guidelines.
NOW THEREFORE, in consideration of the covenants and agreements
below, the parties agree as follows:
1: Recitals- Whereas Clauses. The parties acknowledge and agree that
the recitals, whereas clauses, set forth above are true and correct and are
incorporated by reference into this Agreement
2. Project t Scope. Capo Construction will provide construction services
to accomplish the completion of construction and Improvements of two residential
houses to be located on the Properties in accordance with the approved building
plans under Exhibit 2:•
3. Conveyance of Deeds. SMCRA agrees to convey to Capo
Construction all of its right, title and interest in and to the Properties at such time
as, the two residential houses are constructed in accordance with the approved
specifications, pass all building inspections and receive Certificates. of Occupancy
from the City of South Miami Building Department. The conveyance shall be
conditioned upon Capo Construction's covenant to immediately sell the two
homes to the two low income applicant home buyers identified in Exhibit 3. In
addition to the warranty deeds Capo Construction and any affordable housing
purchaser shall be obligated to comply with an SMCRA deed restriction requiring
the propert to o be purchased by an affordable housing_ purchaser, and any sale of
the property over the next 15 years shall require sale to a subsequent affordable
housing_ purchaser as defined by U.S. HUD guidelines and the SMCRA guidelines.
4. Term. The construction of the two residential houses shall be
completed with 180 days following the receipt of building permits from the City
of South Miami Building.
5. Closing Date. This transaction shall be closed and the deed and
other closing papers shall be delivered within 45 days following the receipt of
Certificates of Occupancy from the City of South Miami Building.
6. Representations and Covenants. Capo Construction hereby
represents and warrants to SMCRA the following:
(i). Capo Construction is a corporation duly organized, validly
existing and in good standing under the laws of the State of Florida. There are no
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SFAGC
proceedings or actions pending, threatened or contemplated for the liquidation,
termination or dissolution of Capo Construction.
(ii). Capo Construction shall apply for construction permits within
60 days from the effective date of this Agreement.
(iii) Capo Construction covenants and , agrees that Capo
Construction shall cause the Properties to be developed in accordance with the
building plans approved by the South Miami Building Department.
(iv) Capo Construction shall complete construction of the two homes
within 180 days from the receipt of the building permits.
(iv) Capo. Construction covenants and agrees that the Properties shall
be sold to the applicants identified and for the amounts specifically delineated in
Exhibit 3. In the event that one or both of the applicants no longer qualify as low
income home buyers under any of the applicable affordable housing programs,
Capo Construction covenants and agrees to sell the properties to.other low income
qualified home buyers selected by the SMCRA who qualify for affordable housing
loan programs and who otherwise cannot afford to rent or buy houses generally
available on the open market.
(v).Upon transfer of the warranty deed to Capo Construction, Capo
Construction agrees that any sale of the property shall be to an affordable housing
purchaser (right of first refusal shall be to the persons delineated in Exhibit 3), and
the purchasers shall be obligated to comply with the SMCRA deed restriction
requiring the propeM to be purchased by an affordable housing purchaser, and
any sale of the property over the next 15 years shall require sale to a subsequent
affordable housing purchaser as defined by U.S. HUD guidelines. and the SMCRA
guidelines.
7. Termination Without Cause. , In case of the failure of - Capo
Construction to perform any of the covenants in this Agreement, at the option of
the SMCRA, this Agreement shall be forfeited and terminated, and Capo
Construction shall forfeit any and all claims to the deeds for the Properties. Capo
Construction shall have no right or claim for reimbursement for any expenditures
incurred for the improvements made to the Properties. All improvements made
under this agreement shall be retained by the SMCRA in full satisfaction and
liquidation of all damages sustained by the SMCRA, and the SMCRA shall have
the 'right to reenter and take possession of the premises and seek such self -help
remedies as shall place the SMCRA in exclusive possession of the premises.
Page 3 of 7
SMCRA
SFAGC
8. Right to Reenter and take possession of the Properties. SMCRA has
the right, at its election to take possession of the Properties with all improvements
thereon and terminate the Agreement if Capo Construction:
(i) fails to start construction within 30 days from the date the
construction permits are issued.
(ii) abandons or substantially suspends. construction for a
period of 90 days.
(iii) fails to cure a violation of the Agreement within 30 days
after receipt of notice to cure from SMCRA
(iv) fails to obtain a building permit with 90 days after the
effective date of this Agreement.
(v) Fails to complete construction within 180 days after
receipt of the construction permits.
9. Risk of Loss. Risk of loss by fire or other casualty shall be Capo
Construction's and Capo Construction agrees to maintain adequate insurance for
a sum not less than the full replacement value. Capo Construction shall not
commence work under this Agreement until it has obtained and submitted proof.
of all insurance required by the SMCRA.
10. Independent Contractor. Capo Construction, ' 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.
11. 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.
12.. 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.
13. Assignment. Capo Construction may not assign, or transfer this
agreement or any part of this agreement.
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14. Authorized Agent. The SMCRA and Capo Construction 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 Capo Construction shall be provided at the time of the joint
execution of this agreement.
15. 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.
16. 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
Stephen David, SMCRA Director
6130 Sunset Drive
South Miami, Florida 33143
To: H. Capo Construction Construction Corp.
6201 SW 701" Street
Suite 102
South Miami, Florida 33143
17. 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.
18. Sovereign Immunity. The SMCRA desires to enter into this agreement
only if in so. doing, the SMCRA can place a limit on the SMCRA's liability. for
any cause of action or claim arising from this agreement, so that the liability be
limited to a maximum of $22,500. Accordingly, and notwithstanding any other
term or condition of this agreement, SFAGC agrees that the SMCRA shall not be
liable to Capo Construction for damages in an amount in excess of $22,500 for
Page 5 of 7
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SFAGC
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.
19. Indemnification.. Capo Construction 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 or actions of Capo Construction,
its employees and sub contractors relating to this agreement. Capo Construction
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. Capo Construction expressly understands and agrees that
any insurance protection required by this agreement or otherwise provided by
Capo Construction 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..
20. Entire Agreement. The agreement constitutes the entire agreement
between the SMCRA and Capo Construction 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.
21. 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.
22. Liens. Capo Construction shall not directly or indirectly create,
incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance
or claim on or with respect to the Properties or any interest therein. Capo
Construction shall promptly, at its own expense, take such action as may be
necessary to duly discharge any such mortgage, pledge, lien, charge, encumbrance
or claim if the same shall arise at any time.
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23. Miscellaneous Provision. In the event a court must interpret .any
word or provision of this agreement, the word or provision shall not be construed
against either party by reason of drafting or negotiating this agreement.
24. Inspection. SMCRA may make or cause to be made reasonable
entries upon and inspections of the Properties.
IN WITNESS WHEREOF, the parties have caused this agreement to be
executed by,their duly authorized representatives, as follows:
The City of South Miami Community
Redevelopment Agency
LN
Stephen David
SMCRA Director
Approved as to form:
Eve A. Boutsis,
General Counsel
BY:
Hector Capo Construction
Title:
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI
COMMUNITY REDEVELOPMENT AGENCY ( SMCRA)
APPROVING AN AGREEMENT BETWEEN THE CITY OF
SOUTH. MIAMI COMMUNITY REDEVELOPMENT
AGENCY AND THE CAPO CONSTRUCTION
CORPORATION; AUTHORIZING THE SMCRA: DIRECTOR
TO EXECUTE THE AGREEMENT AUTHORIZING THE
CAPO CONSTRUCTION CORPORATION TO CONSTRUCT
TWO SINGLE FAMILY HOMES. FOR TWO ELIGIBLE
SMCRA AFFORDABLE HOUSING FAMILIES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the SMCRA has adopted a'Community Redevelopment Plan
which authorizes the SMCRA to conduct its infill housing programs; and ,
WHEREAS, the SMCRA desires to implement the infill housing program
by increasing the number of affordable houses in the SMCRA area; and
WHEREAS, the SMCRA provided two grant agreements to Greater Miami
Neighborhoods (GMN) to construct homes at 5895 SW 67`h Street; and 6400 SW
57`h Court; and
WHEREAS, in accordance with SMCRA guidelines and US HUD
Guidelines, GMN had selected the Goodman Family and the Brown Family as the
eligible affordable housing purchasers of the two homes to be constructed; and,
WHEREAS, GMN has defaulted under the grant agreements and has
agreed to re- convey the land to the SMCRA; and
WHEREAS, due to extenuating circumstances and in anticipation of re- .
conveyance of the land, and in order to avoid any further delays in construction of
the two homes, the SMCRA is seeking an eligible contractor to provide sole
source construction of the two homes on an expedited schedule; and
WHEREAS, the Capo Construction Corporation has approached the
SMCRA and has expressed interest in assisting the SMCRA in constructing the
two affordable homes located at 5895 SW 67`h Street and'6400 SW 57`h Court; and
WHEREAS, housing construction on the two lots was initially started by
Greater Miami Neighborhoods however was never completed
. WHEREAS, the SMCRA wishes to enter into an agreement with Capo
Construction to allow the construction company to construct two single, family
homes according to documented plans for the two affordable housing eligible
SMCRA residents; and
WHEREAS, the homes shall be constructed at 5895 SW 67th Street; and
6400 SW 57th Court; and
WHEREAS, the Capo Construction Corporation has agreed to. construct
the two affordable homes at the previously designated home prices of $145,000
(6400 SW 57th Court) and $145,000 (5895 SW 57t Court); and
WHEREAS, if Capo Construction fails to construct a single family home
as outlined in the grant agreement, the property will revert to the possession and
ownership of the SMCRA under the conditions outlined in the agreement all
improvements shall be forfeited to the SMCRA.
WHEREAS, Capo Construction proposes to complete construction on the
Properties consisting of two residential houses, together with all appurtenances,
fixtures, and improvements ( "Improvements "). The Improvements shall be
constructed in accordance with plans and specifications which have been
submitted and approved by the City of South Miami Building Department; and
WHEREAS, if Capo Construction satisfactorily completes construction of
the two residential homes and agrees to perform the covenants hereinafter
mentioned, the SMCRA covenants and agrees to convey to Capo Construction,
in fee simple absolute, clear of all encumbrances by a good and sufficient warranty
deed, to the Properties.
WHEREAS, In addition to the warranty deeds Capo Construction and any
affordable housing purchaser shall be obligated to comply with an SMCRA deed
restriction requiring the property to be purchased by an affordable housing
purchaser, and any sale of the property over the next 15'years shall require sale to
a subsequent affordable housing purchaser as defined by U.S. HUD guidelines and
the SMCRA guidelines.
NOW THEREFORE BE IT RESOLVED BY THE. COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF SOUTH MIAMI,
FLORIDA THAT:
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Section 1. The above whereas clauses are incorporated by reference.
Section 2. The SMCRA Board hereby approves the agreement between
the South Miami Community Redevelopment Agency and H. Capo Construction
Corporation to construct two affordable homes located at 5895 SW 67`h Street
(Folio No. 09- 4025 - 028 - 0300); and 6400 SW 57`h Court (Folio No. 09 -4025=
015- 0030).
Section 3. The SMCRA Director is authorized to execute the agreement
attached hereto as Exhibit 1.
Section 4. This resolution shall take effect immediately upon adoption
of this resolution.
PASSED AND ADOPTED this
ATTEST:
City of South Miami
Community Redevelopment Agency
Clerk
day of May, 2007.
APPROVED:
Chairperson Horace Feliu
Board Vote:
Chairperson Feliu:
Vice Chairperson Wiscombe:
READ AND APPROVED AS TO FORM: Board Member Birts:
Board Member Palmer:
Board Member Beckman:
Board Member Ellis:
Board Member Williams:
Eve A. Boutsis, Office General Counsel
Nagin Gallop & Figueredo, P.A.
South Miami Community Redevelopment Agency
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