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03-11-04
i �4WerIC�Ct1 p t , SMCRA soot <<� Mukk4"Ngg16MKx)d o Great Pwe kt Live, V%rk arx! Play' Cr Chair Mary Scott Russell CRA General Counsel Eve Boutsis .Vice Chair Velma Palmer CRA Director Joseph Gibson 'Member Randy G. Wiscombe CRA Secretary (Acting) Maria M. Menendez Member Marie Birts- Cooper - Member Craig Z. Sherar Member Levy Kelly Member i SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY CRA Meeting Meeting date:'March 11, 2004 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: April 08, 2004 Phone: (305) 663 -6338 Time 6:30 PM 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: 1. ROLL CALL: 2. INVOCATION: COMMUNITY REDEVELOPMENT AGENCY 1 . AGENDA - March 11, 2004 3. PLEDGE OF ALLEGIANCE: ITEMS FOR THE BOARD'S CONSIDERATION 4. Approval of Minutes February 23, 2004 5. Special Presentations A. Tribute to Marshall Williamson 6. CRA Directors Report: A. SMCRA Accomplishments B. 'South Miami Gardens (SMG) Update C. Church Street Restoration Update (Public Works) D. Trash Receptacle. Update E., Greater Miami Chamber Executive Council Meeting (3 -3 -04) F. Initiative from Rebuilding. Together to rehabilitate twenty -four single family homes in .the SMCRA district G. SMCRA Task Checklist 7. CRA General Counsel's Report: CONSENT AGENDA (There are no items.) RESOLUTION (S) 8. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING AN ADDITIONAL EXPENDITURE PURSUANT TO THE AGREEMENT BETWEEN .THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY .(SMCRA) AND HABITAT FOR HUMANITY OF- ,GREATER. MIAMI, (HGM) AUTHORIZING THE DIRECTOR AND GENERAL COUNSEL TO..DISBURSE UP TO $ 22,000.00 FROM THE RESERVE ACCOUNT TO HABITAT FOR HUMANITY OF GREATER MIAMI, INC. COMMUNITY REDEVELOPMENT AGENCY 2 AGENDA - ,March 11,,2004 PUBLIC COMMENTS BOARD COMMENTS ADJOURNMENT PURSUANT TO FLA STATUTES 286.0105; "THE CITY HEREBY ADVISES THE PUBLIC THAT. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR'SUCH PURPOSE,_ AFFECTED PERSON MAY NEED TO ENSURE THAT. A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. COMMUNITY REDEVELOPMENT AGENCY' AGENDA - March 11, 2004 2 3RA 5 � ` FT. XHWWbCU 8 9 10 s o� 7daking wrNci hbwtwod a t fcaJracc to Lhr- wwk and !play' 11 12 SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY MINUTES 13 FEBRUARY 23, 2004 14 1s CALL TO ORDER: 16 17 The South Miami Community Redevelopment Agency met in 18 regular session on Monday, February 23, 2004 beginning at 6 :40 19 p.m., in the City Commission Chambers, 6130 Sunset Drive. 20 21 '1. ROLL CALL: 22 The following members of the CRA Board were present: 23 Chairperson Mary Scott 'Russell, Vice Chair Velma. Palmer, and 24 Members Randy G. Wiscombe, Marie Birts- Cooper, Craig Z.'Sherar .25 and Levy Kelly. 26 27 Also in attendance were: CRA General Council Eve Boutsis, 28 CRA Director Joseph Gibson, CRA Secretary Representative Nkenga, 29 Payne and CRA Program Coordinator James McCants. 30 31 2. INVOCATION: 32 Vice Chair Palmer delivered the Invocation. 33 34 3. PLEDGE OF ALLEGIANCE: 35 The Pledge of Allegiance was recited in unison. 36 37 ITEMS FOR THE BOARD'S CONSIDERATION: 38 39 4 Approval of Minutes 40 41 a) December 8, 2003 42 43 Moved by Commissioner Wiscombe, seconded" by Vice Chair 44 Palmer, the motion to approve the minutes passed by a 5 -0 vote. 45 46 Member Wiscombe: Yea 47 Member Kelly: Yea. 48 Member'Sherar: Abstained 49 Member'Birts- Cooper: Yea 50 Chairperson Russell: Yea' 51 Vice Chair Palmer: Yea' 52 53 COMMUNITY REDEVELOPMENT AGENCY", 1 MINUTES - February 23, 2004 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 '2 2 23 24 25 26 27 28 29 30 31 32 33 34 35 36' 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 S. Hard Hat Awards Presentation Mr. Gibson gave a brief overview of the Hard Hat Awards, which were given on February 19th. A workshop was held in lieu of the regular' Board meeting and during this meeting awards were presented to Simon Codrington, Jr.', Emmanuel Uche, and, Lucious McGriff. All of these individuals have been recognized for their contribution' towards the betterment of the community particularly within the .CRA area. 6. CRA Director's Report: I. Monthly meeting with SMCRA Board Members A. Establish a standard time, slot for each Board Member Mr. Gibson explained that he has contacted every member of the CRA Board in order to learn what would be the concern of each one - regarding the CRA and to give. them an overview of what he' considers his priorities and where they should go from here. He then urged the Board members to meet with him periodically since he thinks that communication is very important. II. Program Performance Review Mr. Gibson said that he would like some direction from the Board as to whether an evaluation is actually necessary. Member Sherar said that there is .already a document in place with a list of specific things that are supposed to happen and mentioned a garbage can contest' as an example. He then said that he would like a review of that list to see what has been done and what is still pending. Member Kelly said that he concurs with Member Sherar's idea of reviewing the list that is already in place. Member Wiscombe said that he also concurs with Member Sherar as to the importance of reviewing the referenced list in order to be able to set some short term and long term goals. Therefore, an inventory of where we are and where we need to go is necessary, Member Wiscombe added. Vice Chair Palmer, in reference to the performance review, asked whether we are expected to reach a certain percentage based on State standards. Mr. Gibson said that the main purpose of the evaluation,is to' assess the goals originally set forth and to see what has been,accomplished up to the present." Member Wiscombe said that the CRA basically follows County standards as far as goals are,concerned. The CRA has accomplished COMMUNITY, REDEVELOPMENT AGENCY 2 MINUTES --February 23, 2004- 1 many goals, such as affordable housing, infrastructure, plans for 2 Church Street, and many others,'however, we still have a long way .3 to.. go, .he added. 4 5 Council Boutsis recommended that Mr. Gibson presents a 6 PowerPoint report at the next meeting showing the goals of the 7 original plan and what the CRA has accomplished so far. She then 8 referred to their meeting with Mr. Teintze of the TIF committee. 9 This is'the first committee where the CRA funding and amendments 10 to the CRA plan "go for approval. From there they go to the 11. Economic Development Committee and finally to the County 12 Commission Council Boutsis indicated that one of the things 13 that Mr.''Teintze said is that unlike other CRA's, and taking into 14 consideration its small size, the SMCRA has shown some successful 15 movements through the infill housing and the different grants 16 that have been given out to residents. 17 18 Chairperson Russell then directed staff to produce a 19 condensed checklist of the plan so that they may prioritize the 20 goals together and at the same time to help the new.members to 21 understand the intention of the initial plan. 22 23 III. SMCRA Master Plan 24 A. Phase I - Madison Square 25 B. Phase II - Madison Square 26 1. Concept 27 2. Developmental Plan 28 3. Finance Plan 29 30 Mr. Gibson referred to the concept for, the project on SW 31 59th. Place (Church St.) and 64th Street, which is a 32 commercial /residential use. He said that the major property which 33 has been identified is that of St. John's A:M.E. Church. The 34 mixed -use will consist of retail on the ground floor and offices 35 on the second floor. He said. that they are favoring some 36 dwellings since these require less amount of parking space. We 37 are also contemplating having some ground floor space - available 38 so that people may use it to congregate, Mr. Gibson added. Mr. 39 Gibson then asked the Board for direction and recommendation.. 40 41 Chairperson Russell said that the Board needs to review the 42 checklist in reference before they can start planning on this 43 particular project. 44 45 Member Sherar said that the concept of the project outlined 46 by Mr. Gibson, calling for 3 -4 stories, exceeds the existing 47 zoning in the NR area which only allows two .stories. He also 48 ''said that since the area is surrounded by residences the input 49 from the residents would be necessary: 50 51 Mr. McCants explained"that the $100,000 grant given by OCED 52 to the CAA is for them to decide on which projects that money COMMUNITY REDEVELOPMENT AGENCY 3 MINUTES - February 23, 2004 1 will be used. There are a lot of members of the CAA who are 2 residents of the community who favor to use it towards economic 3 development. The concept of Madison Square, Mr. McCants 4 continued, has been talked ,about for years, and'it is the general 5 feeling of the, community that they want to see it to become a 6 reality. 7 8 Chairperson Russell asked staff to provide information 9 regarding the principals of the Madison Square project. 10 11 Council Boutsis said that one of the things which have been 12 discussed by staff is developing a master plan for the CRA area, 13 for ;which the first step would be to prepare an RFP to hire a 14 consultant to, assist in developing the entire vision that we have 15 for the CRA, similar to what was done for the Hometown District. 16 Then from there, the plan can be divided into phases, 'one of 17 which; could be Madison Square. Presentations and the development 18 of a plan, followed by public hearings will then be in order. 19 20 Member Wiscombe said that over two years ago, during the 21 period when Greg Oravec was director of the CRA, a great deal of 22 planning for the .CRA area took place, and Chairperson Russell 23 directed staff to review the records on file. 24 25' Member Sherar said that before moving forward we need to 26 verify that the City is in compliance with the State 27 requirements. 28 29 Mr. Gibson then referred to a 1997 Local Planning Agency 30 amendment to the Comprehensive Plan implementing the 1995 Future 31 Land Use Map designation of. mixed -use 4- .story commercial/ 32 residential for those properties designated as Madison Square and 33 the Hometown II Charrette Study. 34 35 Chairperson Russell then requested that a copy of the above - 36• referenced document be distributed among the members of the 37 Board. 38 39 IV. SMCRA Users Guide 40 41 Mr. Gibson explained that he is preparing a SMCRA Users 42 Guide, which one of the features will be to condense the SMCRA 43 plan so that everyone will understand it, and, they will be made 44 available in specific locations throughout the community. 45. 46 V. Inter -local Agreement with Miami -Dade County 47 government (rectifying the 50% 50% spilt) 48 49 Mr. Gibson explained that he is working on rectifying the 50 Tax Increment Financing (TIF) 50% 50% split.' He said that there 51 exists,a,.glaring discrepancy between what the SMCRA receives from 52: the TIF in comparison with what other CRA's in the .county are 53 receiving. He has found that South Miami is'' only receiving 50% COMMUNITY REDEVELOPMENT AGENCY: 4 MINUTES - February 23, 2004 1 and the others are receiving 90 %. He said that he has consulted 2 with the City Attorney and with the Board of Commissioners, and 3 the .bottom line is that the CRA will have to make an appeal to 4 the South. Miami City, Commission: 5 6 Chairperson Russell said that nothing can be done about the 7 above- mentioned problem before we have a solid plan. We have to 8 prove that we have been using the money wisely for five years. 9 She then reiterated the need for the checklist mentioned 10 throughout this meeting. 11 12 Council Boutsis concurred with Chairperson Russell regarding 13 the need to substantiate the reasons for the appeal. 14 15 Member Kelly urged that it is important that all of this is 16 done as expeditiously as possible. 17 18 VI. Update on the meeting with Ministerial Alliance 19 20 Mr. Gibson explained that the first couple of meetings with 21 the pastors in the area. have been very promising in terms of 22 understanding what the mission of the CRA is as well as what 23 their individual mission as churches is. He said that the 24 churches are a very important component within the community in 25 terms of money towards economic development, and at.this time the 26 CRA counts with a solid 90% participation from them. 27 28 VII. Trash Receptacle Project 29 30 On this subject, Mr. Gibson said that from a survey 31, conducted throughout the area, he found that the area is being 32 kept mostly clean, but nevertheless, they will keep 'vigilant, .33 particularly reminding the young people the importance of keeping 34 our area clean. 35 36 VIII. Business Incubator 37 38 Mr. Gibson explained that a business incubator is needed 39 within the scheme of our vision for the CRA, which is to create 40 an, entrepreneurial class within the area. He said that -Mr. 41 Therol Voche, Chairman and CEO of Graham Hanover Companies, has 42 identified a location for,, this purpose and this project will 'be 43 presented'to the Board in the future. 44 45 Member Wiscombe indicated that this subject has been 46 discussed previously with the Mobley Building as a possible 47 location for this purpose. However, nothing has been done on 48 this issue. Mr. McCants explained. that the Mobley building has 49 been the subject: of some discussion.with Council Boutsis. This 50 building: is divided into four. units under one-folio number. One 51 'of the possibilities being contemplated is to dedicate part 'of 52 the,building as non- taxable property. 53 COMMUNITY REDEVELOPMENT AGENCY CJ MINUTES - February 23, 2004 1 Chairperson Russell and Members Wiscombe and Sherar agreed 2 on the fact that it is important to do something with the Mobley 3 building and put it to use. Council Boutsis suggested that 4 perhaps it should be put placed up for rent on a month -to -month 5 basis. Member Kelly said that we should be careful as to what we 6 allow to go in there for security purposes due to its proximity 7 to the Multipurpose Center. Member Palmer said that maybe the 8 spaces could be used to provide some type of service to the 9 community, and Member Wiscombe indicated that his concern with 10 that idea is that the CRA is not allowed to spend anything 11 relating to a social agency. 12 13 Mr. Gibson said that the plan provides that the CRA should 14 be a community advocate, and indicated that he has pointed out at 15 several meetings the importance of keeping in mind the future of 16 the `big three' that he calls, the senior citizens building, the 17 clinic and the public school, all within the CRA area. 18 19 IX. SMCRA Banquet at Bernie's Steakhouse 20 21 Mr. Gibson indicated that he has met with Dan Harri who is 22 the partner of Bernie Kosar, and have been planning on holding a 23 South Miami CRA banquet. He then asked for direction from the 24 Board in terms of whether we should have one, and if we have it, 25 in which format it should be done. Chairperson Russell indicated 26 that the Board will meet with Mr. Gibson individually so that 27 they all may contribute with ideas. 28 29 X. Visits to other CRA within the South Florida Region; 30 (A) Homestead (B) Florida City (C) Boca Raton (D) Ft. 31 Lauderdale 32 33 Mr. Gibson said that he and Mr. McCants visited. four 34 separate CRA's, including Homestead, Florida City, Boca Raton and 35 Ft. Lauderdale. He said that they gained some useful insight 36 from that experience. He pointed out that during the three -hour 37 tour in the Florida City CRA area which was established in,1997, 38 they were amazed at the great amount of affordable homes being 39 built there. 'He said that zoning changes are vital to stimulate 40 growth, as well as the support of the local commission in 41 carrying out CRA objectives. He also said that having a `center 42 piece' to be able to focus on, which in our case the center piece 43 could be Madison Square, could be an additional beneficial 44 factor. 45 46 7. CRA General Counsel's Report: 47 48 Council Boutsis asked the Board whether they would want her 49 to bring to the next meeting Robert Meyers from the Commission on 50 Ethics who can go over Sunshine laws, public records, etc. 51 Chairperson Russell agreed that ,this would be a good idea. 52 Council Boutsis then explained in detail the budget process, COMMUNITY REDEVELOPMENT AGENCY 6 MINUTES - ,February 23, 2004 1 informing that final action was taken on January 20, 2004 2 approving our,budget at 10% administrative cap for the 2003 -04 3 fiscal year. Then, On March 16th the amendment to our Interlocal 4 Agreement allowing for the.20� administrative cap will go to the 5 County Commission for its final approval, and that -will be for 6 the 2004 -05 fiscal year. It was the consensus of the Board to 7 leave the amendment to "apply for the 2004 -05 fiscal year, instead 8 of going back to 2003 -04 which would entail a long process with 9 uncertain results. 10 11 CONSENT AGENDA 12 13 (There are no items) 14 15 RESOLUTION (S) MCI 17 : CRA 01 -04 -128 18 8. A RESOLUTION: OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT 19 AGENCY (SMCRA) APPROVING AN AGREEMENT BETWEEN THE SMCRA AND 20 B MUMFORD & COMPANY FOR MARKETING AND PUBLIC RELATIONS 21 SERVICES FOR A PERIOD. ENDING SEPTEMBER 30, -2004 AND 22 PROVIDING FOR AN EFFECTIVE DATE. 23 24 Moved by -Chair Russell, seconded by Member Wiscombe to 25 approve this item. 26 27 Mr. Mc Cants explained that Ms. Mumford has been very 28 cooperative with-the SMCRA, for instance, by helping with' the 29 language advertising the SMCRA on Channel 5; Ms. Mumford has been 30 involved in after- school giveaway; also with the exposure of the 31 SMCRA. through The Miami Herald; she has also been involved with 32 special events, including the Marshal Williamson Tennis Court. 33 Ms. Mumford has been involved in countless other programs with 34 the SMCRA. 35 36 Council Boutsis explained that the contract has been revised 37 to reflect the, scope of services that Ms. Mumford will be now 38 providing. 39 40 There being no further discussion, the motion to approve 41 this item passed by a 6 -0 vote. 42 43 Member Wiscombe: Yea 44 Member Kelly: Yea 45 Member Sherar: Yea 46 Member Birts- Cooper: Yea 47 Chairperson Russell: Yea 48 Vice Chair Palmer: Yea 49 50 COMMUNITY REDEVELOPMENT AGENCY 7 MINUTES - February 23, 2004 1 2 CRA 02 -04 -129 3 9. A RESOLUTION `OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT 4' AGENCY AMENDING THE BY -LAWS OF THE AGENCY TO ESTABLISH THE 5 SECOND THURSDAY OF THE MONTH AS THE DATE FOR REGULAR 6 MEETINGS OF THE AGENCY SECTIONS 3.1 OF THE AGENCY BY -LAWS 7 AND PROVIDING FOR AN EFFECTIVE DATE. 8 9 Moved by Chair Russell, seconded by Member Wiscombe to 10 approve this item. 11 12 Mr. Gibson explained that the purpose of the proposed 13 amendment is to accommodate the local pastors and the. local 14 community members, since their Bible studies are held on.Monday 15- and Tuesday nights. Therefore, ,the purpose of moving the. SMCRA 16 meetings to the second Thursday of every month is to enhance `17 greater attendance by SMCRA residents to our meetings. The input 18 of the churches and the community as a whole. is vital to our 19 program, Mr. Gibson added. Chairperson Russell said that Thursday 20 nights are. Miami -Dade League of 'Cities for her which means that, 21 she will be missing a few 'CRA meetings a year, but she will be 22 notifying the Board ahead of time in order to, secure a quorum in- '23 her absence. 24 25 There. being no further discussion, the motion to approve 26 this item passed by a 5 -0 vote. 27 28 Motion passed by a 5 -0 'vote. 29 30 Member Wiscombe: Out of the Room 31 Member Kelly: Yea 32 Member Sherar: Yea 33 Member Birts - Cooper: Yea 34 Chairperson Russell: Yea 35 Vice Chair Palmer Yea 36 37 38 PUBLIC COMMENTS 39 40 Jay Beckman addressed the Board by first saying 'that the CRA 41 needs a master plan in order to'be able to redevelop the. area-. 42 He said that'in the last few years, the proposals which have been 43 presented by the CRA for different rezoning. involving 44. redevelopment have neither been consistent with the Comprehensive 45 Plan nor ;with concurrency requirements, and that is as the result 46 of lacking a master plan,,he added. He said that with respect.to 47 the ::CRA we should look for quality instead of quantity. Mr. 48 Beckman said that', four. items are, essential to take into 49 consideration in developing a master plan: not to displace ,.any 50 single family home; to create good transitions to single family 51 neighborhood; to.carefully assess and comply with all concurrency COMMUNITY REDEVELOPMENT; AGENCY 8 MINUTES,- February 23, 2004 1 requirements; and, to preserve and enhance the City's small town 2 character: 3 4 Adrian Ellis said that more input from the affected 5 residents is necessary. He addressed Member Sherar by asking him 6 to bring the new director Mr. Gibson up to speed on any 7 information that he may.have that ,could be beneficial to the 8 -program. He then referred to Madison Square, and as a member of 9 the CAA, Mr. Ellis said that the organization did set aside 10 $100,000 for this project which was presented to them in concept. 11 He' also said that the CRA should work hand in hand with the . CAA 12 for the reason that the CRA deals with development issues while 13 the CAA deals with the social services aspect of the community. 14 15 There being to further comments or discussion, the public 16 comments were closed, and at this time Chairperson Russell 17 recognized the presence of former Commissioners Bethel and McCrea 18 at the meeting. 19 '20 21 BOARD COMMENTS 22 23 Member Sherar said that he is concerned because part of the 24 CRA seems to be forgotten, since.the CRA basically exists because 25 the Shops at Sunset exist . He said that the, Shops were created 26 based on' some .type - of mutual agreement with the City which 27 included job programs; therefore, they should be doing what they 28 originally agreed to do. He then mentioned Mr. Preveti, an owner 29 of a commercial property located on Sunset in the CRA area, who. 30 was granted approximately $30,000 to fix up his building. He 31 believes that this was wasted money since the property owner in 32 that case did not do anything in return for the CRA area. Member. 33. Sherar said that.the whole Progress /Commerce Lane area is part of 34- the CRA, and every single square inch of that area is`'rented. 35 This CRA area is unlike other CRA areas where there are a. lot of 36 abandoned buildings and the roads are deteriorating, he added. on 37 the'contrary, this is a viable.economic component of the CRA and 38 we should be accentuating that since they are an.integral part of 39 the CRA. He referred to the Harris project which in his opinion 40 constitutes ..an insult to the CRA area and they should have been 41 held accountable. About the Madison Square project he said that 42 one of the things he would be interested in finding out is 43 whether a large portion of that property is owned by the 44 churches, and what are the churches going to do to help with the 45 project. He said to agree with Mr. Ellis in the sense that the 46 CRA and the CAA should work together. 47 48 Member Kelly said that we need to be careful when we engage 49 into planning and to make sure that nobody is left behind. He 50 said that things that should have been done have not been done in 51 the area where ' he lives. He said that there are 'outside forces COMMUNITY REDEVELOPMENT AGENCY 9 MINUTES - February 23, 2004 1" 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 26 27 28' 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 that have, brought a lot of friction within the CRA,, and we need to work together in order to move forward. Member Birts - Cooper said to agree ,with Member Kelly, and that there is a great need in the CRA. She said that ,without the CRA nothing would get done. Vice Chair Palmer -said that she is very concerned about the CRA. She said that it is evident that there are many promises that have been. made which have not become a reality;. She said that it is important that an evaluation is done on the CRA program. We need to pull the resources together and move on, she added. Chairperson Russell said that the General Council is going to look into the $100,'000 in OCED ;funding, 'and also into 'the plan, per Member Wiscombe's direction. She said to agree with most of the things that Jay Beckman said and thanked him for the time he put into the presentation. She'then said to agree with Adrian Ellis, except for what he said about the horrible job that the past directors did. She said that the past directors did care about the CRA program, ' and she named Greg, Subrata and Ralph .who all put their best effort in moving the program forward. She said that they I have seen' some changes in the nearly five years that they have been working together to make things happen. Chairperson Russell then directed staff to take an 'inventory, in conjunction with the Public Works Department, of the streets in need of repair throughout the City. She then thanked Mr. Gibson for a good first meeting. She also said that she looks forward to learning who the principals of the Madison Square are, and she is also looking forward to reviewing the additional reports that the Board has requested this evening. ADJOURNMENT There.being no further business to come before this Body, the meeting was adjourned at 8:37 p.m. Approved: Attest: Maria M. Menendez CRA Secretary J: \My Documents \minutes \CRA'02.23.04 Minutes.doc COMMUNITY REDEVELOPMENT AGENCY 10 MINUTES - February 23, 2004 Mary Scott Russell CRA Chairperson r ACCOMPLISHED INVENTORY OF SMCRA GOALS AND OBJECTIVES The City and all its departments shall work together with the SMCRA towards the shared goal of improving the quality of life for all citizens, businesses and property owners in the redevelopment area Finance A) Assisting with financial and budgetary items. IL Police: A) Setting up periodic meetings w/ SMCRA community residents regarding crime issues B) organized SMCRA community policing C) establishing a a police sub - station in SMCRA district. III. Code Enforcement A)Establishment of a special code enforcement officer for SMCRA district B) ensuring that code enforcement officers are sensitive to the unique needs of SMCRA residents. IV. Planning/ Building/ Zoning: A) Planning & Zoning has consistently provided technical assistance and consultation on a number of SMCRA projects which include the following; 1. South N iamiGardens B.identifying vacant parcels of land for future SMCRA use. 2. Assisting in the landscaping program for Habitat Homes 3.Residential re- hab 4. Commercial rehab researching properties, which are purchased through, finance using SMCRA funds. V. Public Works: A) Distribution of SMCRA announcements & literature B) Maintenance of SMCRA roadways C) Systematic maintenance of all SMCRA owned properties D) Coordination for paint -up- fix -up program for SMCRA residents E) Public trash receptacle project F) Church Street Restoration G) Sixty- fourth St. Calming Project. VL City Clerk: A) Packaging and distribution of agenda information for SMCRA Board meetings B) Compiling after action summaries for SMCRA Board meetings. C. Research of miscellaneous information for SMCRA board consideration VII. Parks & Recreation: A. assisting with landscaping for Habitat Homes Development B. partnership to complete a $4 million dollar state of the art multipurpose center, featuring multiple fitness facilities, swimming pool, indoor basketball courts, arts & crafts center, etc. The SMCRA shall work with the private sector, financial institutions and interested investors to the fullest extent it deems reasonable to facilitate the maximum investment ofprivate funds in the redevelopment area. A. Initiation of the `trolley service' for SMCRA residents. B. Provided school supplies to area children, thanks to the support of local businesses and residents through the August Back to School Giveaway C. completed a one -year trial of the Working Capital of Florida Program The SMCRA shall work and communicate with all interested community groups towards the successful implementation of all redevelopment programs L A. Partnership with Community Action Agency for social services relating to SMCRA residents i.e. 1. Job skill development 2. Computer skills training 3. partnership with the local Ministerial Alliance The SMCRA Redevelopment Plan shall serve as,the primary vehicle, and provide the primary tools for the City's redevelopment effort L See attached 'Tool Box' All SMCRA supported or initiated developments shall attempt to comply with the goals, objectives and guidelines that are established by the City's development review boards L A Planning and Zoning Board B. Code Enforcement Review Board C. ERPB 1. Habitat for Humanity 2.Church Street Restoration Project3. Red Road Properties Landscaping Project L N/A The SMCRA shall work towards leveraging the maximum amount of non -tax increment financing resources possible to assist in the redevelopment of its assigned area The SMCRA shall actively pursue the purchase and/or redevelopment of vacant or abandoned properties in the redevelopment area as a priority A. SMCRA has purchased seven vacant residential properties for affordable housing B. working to clear titles of vacant and abandoned properties in the SMCRA district The SMCRA shall actively pursue successful Quick Victory projects in its earliest stages to increase public awareness and support for the longer -range challenges and programs L A. restoration of tennis courts at Marshall Williamson Park B. paint give -away for local SMCRA residents . C. initiation of the `Wounded Healers' project for exterior re -hab of residential dwellings The SMCRA will actively `partner" with both public and private sector entities towards the achievement of its redevelopment goals and to gain the maximum leveraging of assets and cooperation L A. See #3 The SMCRA, in cooperation with local residents, businesses and property owners and development interests, shall seek to identijy and rehabilitate significant historical and cultural elements ofthe community. L A. Restoration ofthe 'Pool Hall Corporation' building Where appropriate, the SMCRA shall encourage and facilitate an integrated system of pedestrian circulation parks and open space in the redevelopment area, with special emphasis on providing residents with easy and safe access to the commercial activity on the East Side of U.S. Highway One L A. Church St. Restoration B. facilitating pedestrian /bicycle access to Multipurpose Center The SMCRA shall support and participate in the provision of an efficient parking system throughout the redevelopment area L A. N/A The SMCRA shall encourage that potable water, wastewater treatment and stormwater drainage systems accommodate present and future demands in a timely, cost - efficient and equitable manner,while protecting the health, safety and welfare of the system users and the environment L A. In partnership with OCED, SMCRA established a storm drainage and infrastructure project for area residents The SMCRA shall actively participate in environmental clean -up activities that it considers to be in the best interest of the community, and where environmental problems are an obstacle to successful redevelopment. L A. DERM conducted an environmental study of SMCRA residential properties The SMCRA shall encourage the development ofnew housing units and the rehabilitation of existing units in the redevelopment area L A. Purchase of numerous residential properties for affordable housing development B. rehabilitation of twenty single family housing units The SMCRA shall provide for priority to be given to residents of the redevelopment area and secondly to those of the City of South Miami to purchase homes developed under the Redevelopment Plan L I. Organized seminars and forums to make SMCRA residents aware of the affordable housing opportunities which exist within the area 2. Developed a list of potential homeowners from these activities The SMCRA shall provide a priority for local builders, contractors, material providers and financial and real estate entities to participate in all housing programs to the extent it deems legal and in the public interest. I. I. A master list of potential builders and contractors has Oq�n cpmpiled in order for them to be able work on SMCRA construction projects The SMCRA shall strive to implementprograms that increase ad volerem value ofnon- resident's property to assist the City with moving towards reducing the disproportionately high share that is currently being paid by South Miami homeowners I. Commercial Building Rehabilitation program (a.) Sunset Office Plaza (b.) Princeton Day Care (c.) Player Salon 11. Residential Rehabilitation Program (a) twenty-two homes The SMCRA with the assistance of neighborhood based organizations, housing authorities, financial institutions, government, development interests and real estate representatives, shall preserve and enhance existing residential areas to provide a variety ofhousing opportunities for all income levels. I Coordinated meetings with Miami- Dade Housing Authority and Pointe Bank to obtain certification as a lending institution for affordable housing. Partnered with Habitat For Humanity to provide affordable housing for SMCRA residents through funding and ensuring for adequate infrastructure The SMCRA shall undertake continuous improvement programs and other activities that are designed to prevent the recurrence and spread ofnegative conditions I From accomplishments 1,2,4,6,10,11,12,14,15,16,17, 18 20, 23 21 The SMCRA in cooperation with the City Police Department, Fire Department and Code Enforce shall work to create a safe and quality environment for residents and businesses I. See # The SMCRA shall work with citizen groups and the Dade County School Board to identify additional education facilities, structures, sites and opportunities included within the redevelopment area I Partnering with CAA establishing a computer lab at the multi- purpose center. The SMCRA shall assist the City and other government entities to promote alternative modes of transportation and to maximize transit facilities and related economic and community uses. I. Establishment of a trolley services as a mode of transportation within the SMRCA district. Assisted in the preliminary planning stages for the South Miami Metro-Rail Wrap - Around Project. The SMCRA shall implement programs that assist in removing the financial obstacles that may occur, and prevent otherwise successful redevelopment projects and activities. L Establishing a program with Consumer Credit Counseling Agency to provide services for potential affordable home applicants. The SMCRA will work in concert with the goals of the Dade County Comprehensive Plan, the City Of South Miami Comprehensive Plan and the Moss Plan, in addition to those established by Florida Statutes, as they relate to the .Adopted City of South Miami 's Community Redevelopment Plan N/A . . Sm . l<1 uil"r fili2 ::YS;;•>.w.:i;fi:t:S3.:N: ?!S ::#L'.:`i;it:#: <: fs >., rt:'.•' ui "sf.'r <:' TOOL BOX L Residential. Rehabilitation Program IL Commercial Building Rehabilitation Program III. Business Incubator IV. CRA Scholarship Work/Study Program V. Start -up Business Assistance VL Local Labor and Business Pool VII. Land Acquisition VH1. In -fill & New Housing Program IX.. Role Model Residential Recruitment Program X. Public Trash Receptacles XL Police Sub - Station XIL Code Enforcement Enhancement Program XIIL Redevelopment Advocacy A? o� SOUr City of South Miami South Miami PUBLIC WORKS DEPARTMENT OftedeaCRY " 4795 SW 75th,Avenue • INCORPORATED 1927 a Miami, FL 33155 �OR10 Tel. (305)'663-6350 Fax (305) 668 -7208 2001 CHURCH STREET IMPROVEMENT (Synopsis of the Project) History & Background: This infrastructure improvement project started following a Church Street Streetscape Design study prepared in the year 2000. The study established that because Church Street is the Community Redevelopment Area's main street, linking the community to the Metro Rail, County bus system, local retail establishments, Post Office, and the rest of the City, it is extremely important to restore this street to its earlier vibrancy when it was surrounded by thriving self - reliant neighborhoods and businesses. The Master Plan which calls for new sidewalks, extensive landscaping, street lighting, and traffic calming will help to remove blight and general distress and will uplift the value of the neighborhood for all land uses including commercial, residential, and public. The. improvements will create positive socioeconomic conditions and reverse the physical decay, which has occurred during recent years. Using the Streetscape Design Master Plan prepared during the study, we were able to secure $100,000.00 grant funds from Dade ' County Office of Community & Economic. Development (OCED) for the Engineering Design Phase of the project. The South Miami Community Redevelopment Agency (CRA) contributed $40,000.00 towards the project and executed an agreement with a professional engineering firm for the Design Phase services. During the design phase we secured additional $172,000.00 from OCED for this $1.6 millions construction project. With this new funding, we created Phase 1 construction scope. After Phase 1 construction started, we applied and received $95,000.00 for what will be called Phase 2. The scope of work and status of each phase is as follows: Church Street Improvements — Phase 1: Phase 1 construction scope encompasses both aboveground and underground activities: ❑ Aboveground construction activities includes: • the widening of the sidewalk along the east side of SW 59th Place between SW 69th Street and SW 70th Street. • new landscaping • new irrigation, • street furniture (such as, bus bench, litter receptacles), and • decorative street lighting. ❑ Underground construction activities includes: • installation of approximately 130 linear feet 'of 12 -inch water main along SW 59th Place just south of the intersection with SW 64th Street. Construction activities for this phase started approximately 20 days ago. The contractor is expected to finish in April 2004. Some pictures of the construction activities are attached. Church Street Improvements — Phase 2: ❑ water main extension at the intersections and ❑ resurfacing of each intersection. 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Pk ' . °A F '- • pp SAS > �) � 1 S 7R� AIN $: 2$ § A � SRS Ax ° 8 DATE: APRIL 2003 �IL�Q�� Fn �° D.asn PM S.W. 69th PL (CHU 4CH ST.) IMPROVEMENTS , HATFIELD a STONER, UNC. ; ''ENEERS • PLANNERS • SURVEYORS . ENVIRONMENTAL SCIENTISTS , wZ W CIN Cn..k d RC S.W. -72nd STREE TO S.W. 84th STREET 4601 PONCE DE LEON BOULEVARD, SUITE 220, CORAL CABLES, FL 33148 OP A• 2 REBECCA TRAN£P.E Mma9a RT C T O P CERTIF. Na 40968 WATER 01 TRIBUTION PLAN - V PHONE (305) 883 -5777 • FAX (305) 663 -5781 • WWW.YNiS— INC.COM.. Cw9 Nam.: Wats DIsL k p � .STATE OF FLORIDA ' DOYNTON BEACH •PORT. SL LUCIE MIAMI S-I.:- V- 2d' - - - FT LAUDERDALE . ORLANDO • TAMPA No. GATE RENSION BY ' . i greater Mott, moomi wp.chamberof commerce 61E Joint Executive Committee and Board of Governors Meeting March 3, 2004 11:00 a.m. Concerto Room AGENDA I. Opening Comments & Announcements II. Regional Business Alliance Fly -in III. Hispanic Business Initiative Fund (HBIF) IV. The Chamber Brand V. Governance Task Force Outline of Recommendations Peter Roulhac Chairman Barry Johnson Vice Chairman /Governmental Affairs Guillermo Castillo Vice Chairman /Hispanic Business Loreyne Alicea Senior Vice President, Account Services /GrupoUno Bruce Jay Colan Governance Task Member Vice Chairman /New World Center MARKETPLACE Pamela Weller Garcia -Serra Vice President & General Manager Bayside Marketplace 401 Biscayne Blvd. R -106 Miami, Florida 33132 -1924 305/577 -3344 Ext.7011 Fax 305/577 -0306 E -mail: Pweller@therousepmi.com an affiliate of The Rouse Company .1( Al""MAg""'RA 1001 Making Our Neighborhood a Great Place to Live, Work and Play" C �ruz':76X �LLQ 1v U f OEL M. ROSENTHAL PRESIDENT CELL: 305.962.4524 19 West Flagler St. Suite M104 Miami, FL 33130 T :305.371.4646 F: 305.375.9524 I !I I i i r Ili to C • �' �• FRIDAYS Leonardo Cordero Global Private Client Group ® Financial Advisor i P.O. Box 1442, Auburndale, FL 33823 Miami Americas Complex f PH: (863) 299 - 7177• Fax: (863) 297 - 9676' 355 Alhambra Circle Penthouse George Wm. Tinsley Sr., President /CEO Coral Gables, Florida 33134 305 774 0638 Direct gtinsley @pengeo.com 800 937 0540 Toll Free Seretha S. Tinsley, Vice- President /CFO FAX 305 448 1981 stinsley0pengeo.com. I leonardo_cordero @ml.com Il� Maria A. Alvarez Preferred • �• Banking For Locals, ByLocals' I Human Resources Director referred Carlos R. Fernandez - Guzman Capital Executive Vice President i Marketing --r C p- A% t� 1 V. 5 • o ^J Office: 305.229.8555 Licensed 7815 NW 148 Street, Miami Lakes, Florida 33016 Mortgage Cell: 786.357.9411 Lender 0305.231.6518 Fax:. 305.229.2272 f ()305.698.4166 email: malvarez@pacapital.cc i 6305.992.3224 -. cfernandez- guzman@bankunitedfla.com � 8700 W. Fla ler Street • Suite 340 • Miami, Florida 33174 I 9 i I' South Miami Community Redevelopment Agency - 6130 SUNSET-DRIVE-SOUTH-MIAMI, FLORIDA 33143 PHONE: 305- 668 -7236 FAX: 305- 663 -6345 vvm.dtyofsouthmiami -net e� ill 2001 'Making Our Neighborhood a Great Place to Live, Work and Play' ROBERT W. SOULBY SENIOR V10 PRESIDENT THE HASKELL COMPANY 954 322 2141 FAX 954 322 2402 CELL 954 257 9464 EMAIL rwsoulby@thehaskellco.com 2000 NW 150TH AVENUE SUITE 2000 PEMBROKE PINES, FLORIDA 33028 (305) 375 -5680 FAX (305) 372.6103 JIMMY L MORALFES COUNTY COMMISSIONER DISTRICT 7 MIAMI -DADE COUNTY BOARD OF COUNTY COMMISSIONERS I I 1 N.W. FIRST STREET. SUITE 220 MIAMI. FLORIDA 33128.1963 �9 Anthony J. Clemente,•"P.E. South Florida District Director Vice President Engineering - Science 2001 Northwest 107th Avenue. Program Miami, Florida 33172 -2507' Management Phone: 305.514.3417 Fax: 305.514 -4417 An employee -owned company clemente @phsi.com Dwayne A. Wynn I President/G.E.O. (786) 262.5005 (Direct) Afro- Caribbean Trading Group, Inc. -J�t- ac�uef eSouseGz9 • - 1�-crmtcs �trf �Ecrns I ' euslorn moEloncurJnc- ociucts • a/inta cS)b"j'P �(� I !FasmcnLa • _IMPOTtfn9 • G^x�ioairn9 • [ranaultLuJ ,,/� 645 N.W. 62nd Street, Suite 400, Miami, Florida 33150 U.S.A. /^E305) 751 -3999 (Office) (305) 757.8314 (Fax) AFROCARIBB@aol.00m (E -mail) I GoMst=Schechi erPnceLucasMrmtz & Co., EA. Certified Public Accountants & Consultants Associatedworld.Wide With JetFreys Henry Intl. •r Lawrence C. Fdmer, CPA Director /Shareholder 2121 Ponce De Leon Boulevard, Suite 1100, Coral Gables, Florida 33134 Dade: 305/442 -2200. Broward: 954/766 -2906. Fax: 305/444 -0880 E h1atI: Lveyehner@gsplh . com South Miami Community Redevelopment Agency 6130-SUNSET DRIVE. .SOUTH - MIAMI,.. FLORIDA. 33.143 PHONE: 305 -668 -7236 FAX: 305- 663 -6345 www.cityofsouthmiami.net 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY 4 REDEVELOPMENT AGENCY APPROVING AN ADDITIONAL 5 EXPENDITURE PURSUANT TO THE AGREEMENT BETWEEN THE 6 CITY'OF SOUTH MIANII COMMUNITY REDEVELOPMENT AGENCY 7 ( SMCRA) AND HABITAT FOR HUMANITY OF GREATER MIAMI 8 (HGM),! 'AUTHORIZING THE EXECUTIVE DIRECTOR AND 9 GENERAL COUNSEL TO DISBURSE UP TO $ 22,000.00 FROM THE 10 RESERVE ACCOUNT TO HABITAT FOR HUMANITY OF GREATER 11 MIAMI, INC. 12 13 WHEREAS, the SMCRA has adopted a Community Redevelopment Plan which 14 authorizes the SMCRA to conduct its infill housing programs; and 15 16 WHEREAS, the SMCRA has implemented the infill housing program by 17 increasing the number of affordable houses in the CRA area; and 18 19 WHEREAS, Habitat for Humanity of Greater Miami, Inc. (HGM) has constructed 20 five new affordable homes on the property formerly known as the Marshall Williamson 21 Apartment property; and 22 23 WHEREAS, Habitat for Humanity of Greater Miami, Inc. (HGM) is requesting an 24 additional $2,000.00 to complete -the infrastructure work and $20,000 to cover items not 25 reimbursable per the contract between SMCRA and HGM. 26 27 NOW, THEREFORE,' BE IT RESOLVED BY THE SOUTH MIAMI 28 COMMUNITY REDEVELOPMENT AGENCY: 29 30 Section 1. The above whereas clauses are incorporated by reference. 31 32 Section 2. - . That the Executive Director is authorized to disburse up to 33 $22,000.00 ($2,000 to complete the infrastructure, and $20,000 for items not 34 reimbursable according to the contract) required by SMCRA from the reserve account 35 from cash carryover from 2003. 36 37 Section 2. That this resolution shall take effect immediately upon passage. 38 39 PASSED AND ADOPTED this day of , 2004. 40 41 ATTEST: APPROVED: 42 43 44 45 46 - SECRETARY CHAIRPERSON 47 .48 1 Board of Directors Vote: 2 3 READ AND APPROVED AS TO FORM: Chairperson Russell: 4 Vice Chairperson Palmer:. 5 Board Member Wiscombe: 6 Board Member Birts- Cooper: 7 Board Member Sherar: 8 GENERAL COUNSEL Board Member Kelly: 9 10 11 12 03/04/2004 13:58 3056702273 HABITAT FOR HUMANITY PAGE 01 January 15, 2004 HABITAT FOR HUMANITY OF GREATER MIAMI builcling houses in partnership with God's people in need James AN4cCants South Miami Community Redev :lopment Agency 6130 Sunset Drive South Miami, FL 33143 Dear Mr. McCants, We would lil {e to request an additional $2000.00 to complete the infrastructure work covered in the agreement between the South Miami Community ,Redevelopment Agency (CRA) and Habitat ,for Humanity of Greater Miami. We would also like to request an additional $20,000 to cover items not reimbursable according to the contract, but regalred by the South Miami CRA. These items - wooden fences and extra landscaping - both exceed the design of a typical Habitat house. Habitat is committed to fulfilling its obligations of the contract, but would appreciate financial assistance, if possible; to meet the:ic goals. Tliis assistance would allow Miami Habitat to invest -more of its donations direct:.y to the construction of additional houses for low - income families in our community'.. Through. this partnership with the ;•.south Miami CRA, Miami Habitat has built rive houses in the City of South Miami and oft -red to flve low- income families the opportunity of a lifetime: to own one's own home! Thank you for your time and suppo°t. .Sincerely, .Anne E. Manning. Executive Director Habitat For Humanity of Greater Miami / P.O. Box 560994 / Miami, FL 33256 -0994 / tel 305 -670 -2224 / Fax 3.15- 670 -2273 iyy RESOLUTION NO.. CRA 14 -02 -102 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT / AGENCY APPROVING THE AGREEMENT BETWEEN THE CITY. OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AND HABITAT FOR HUMANITY OF GREATER " MIAMI, INC.; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE UP TO $100,000 FROM ACCOUNT 610 -0000- 219 -1340 ENTITLED " ESCROW - RESIDENTIAL REINVESTMENT "; TO HABITAT FOR HUMANITY OF GREATER MIAMI, INC.; 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 CRA area; and WHEREAS, Habitat. for Humanity of. Greater Miami, Inc. (HGIvi) is interested in constructing five new affordable homes in the property formerly known as the Marshall Williamson Apartment property, and WHEREAS, the Sh1CRA wishes to enter into an agreement with HGM and provide up to $100,000 in financial assistance to ensure that the homes are designed in accordance with the architectural enhancements approved by •the CRA governing board with the advice of the CRA Advisory Board. .NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH MIAMI COMtiIUNITY REDEVELOPi MENT AGENCY Section 1. The SMCRA Board hereby approves the agreement between the South Miami Community Redevelopment Agency and Habitat for Humanity of Greater Miami, Inc. Section 2.: The Executive Director is authorized to disburse up to $20;000 for each home constructed for a maximum total.of $100,000 from account 610- 0000 - 219 -1340, entitled "Escrow- Residential Reindcstment" to Habitat for Humanity of Greater Miami, Inc. Section 3. , This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 22`� da} of July, 2002. . v ATTEST: APPROVE 2. f% SECRETARY CHAIRIIERSON. Board Vote: 7 -0 , READ AND APPROVED AS TO FORM: Chairperson Robaina: Yea Vice Chairperson Russell: Yea Board Member Bethel: Yea Board Member Birts- Cooper: Yea Board Member Feliu: Yea Board Member Kelly: Yea GE RAL C UNSEL Board Member Wiscombe: "Yea AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI, THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AND HABITAT FOR HUMANITY OF GREATER MIAMI, INC. FOR COMMUNITY REDEVELOPMENT AGENCY GRANT FUNDING THIS GRANT AGREEMENT ( "Agreement ") is entered into this day of 2002 between Habitat for Humanity of Greater Miami, Inc., a Florida not -for- profit corporation (Contractor) whose address is: P.O. Box 560994, Miami ,Florida the City .of South Miami (City), whose address is 6130 Sunset Drive, South Miami, Florida 33143, and City of South Miand Community Redevelopment Agency (Agency), whose address is 6130 Sunset Drive, South Miami, Florida 33143. WITNESSETH: WHEREAS, the Agency, organized pursuant to Chapter 163, Florida Statutes, has allocated Community Redevelopment Grant Funds designed to. provide financial assistance to qualified individuals in order to provide single family owner occupied new homes (the project) in the Agency's Redevelopment Area; WHEREAS, Contractor has agreed to aid the City and Agency by providing affordable housing in furtherance of the basic infrastructure of the City; WHEREAS, Contractor has acquired the property partially by payment. of back taxes, purchase of tax certificates and via an assignment of the City's Final Judgment of Foreclosure, under the action City of South Miami v. Marshall Williamson, et al., case no.: 97- 6837 -CA -03 (Fla. Cir. Ct. 2002); WHEREAS, the Agency and Contractor have agreed to perform the Project in accordance with the Agency's specifications; WHEREAS, the funds to be provided by the Agency derive from tax increment funds appropriated by the Agency for the uses and 'purposes referred to in this Agreement; and WHEREAS, in connection with the performance of this Agreement, the parties have agreed to comply with all applicable provisions of federal, state and local laws, statutes, rules and regulations as they may apply to this Agreement. NOW, THEREFORE, in consideration of the mutual promises and in consideration of the grant monies which are to be paid by Agency, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1 1 1 Section 1. The following documents shall set forth the Agreement between the parties and shall collectively be referred to as the "Contract Documents': a) This Agreement and all attachments; b) Design Specifications for the "Marshall Williamson" Property attached as exhibit 1; c) Legal Description attached as exhibit 2; d) Architectural drawings attached as exhibit 3; e) Infrastructure improvements required by WASA, Miami -Dade County and the City of South Miami attached as exhibit 4; and f) Model purchase money mortgage loan document attached as exhibit 5. Section 2. The Agency shall provide the Contractor up to Twenty Thousand Dollars ($20,000) per single family home, up to the total amount of One Hundred Thousand Dollars ($100,000) for the Project (Project Funds), to be -applied to the infrastructure improvements identified in exhibit 4. The Project Funds shall be disbursed by the Agency to Contractor on a reimbursement basis, within 30 days of the Agency's receipt of a written request for reimbursement from Contractor. The Contractor agrees to provide up to five (5) newly constructed, single family owner occupied homes, each home to be constructed on the Marshall Williamson Property as identified in Exhibit 1. Any material variation by the Contractor as to the design specifications, architectural drawing or infrastructure improvements (exhibits 1, 3, and 4), for the. homes to be constructed on the property identified in Exhibit 2 shall require written approval of the Agency, which approval shall not be unreasonably withheld, conditioned or delayed. Section 3. This Agreement shall terminate 12 months from the later of (1) plat approval by the City and Miami -Dade County, (2) execution of the water and sewer agreement between Habitat and Miami -Dade County Water and Sewer Department (WASP), (3) or approval of the architectural plans by the City of South Miami. Upon the expiration of this Agreement any Project Funds not delivered to Contractor in connection with the construction of the Project shall be made available for other Agency projects. Section 4. The Project shall be performed in accordance with the applicable codes, ordinances and statutes of the .State of Florida, the City of South Miami and Miami -Dade County. Section 5. Any amendments, alterations, or variations to this Agreement will only be valid when they have been reduced to writing and duly signed by the parties. 2 1 Section 6. The Contractor agrees to build homeownership units, which shall include those elements agreed to by the Agency which elements are more fully described in attached Exhibit 1. Section 7. In addition to the Agency's provision of up to $20,000 per home, the City and the Agency have assigned their interest in the property to Contractor from the action City of South Miami v. Marshall Williamson, et al., case no.: 97- 6837 -CA -03 (Fla. Cir. Ct. 2002); and the City shall release any liens that it may have remaining against the'Property. Section 8. The Contractor shall build homeownership units in substantial complimnee -with the attached - design- specifications, architectural plans and infrastructure improvements, which are attached as exhibits 1, 3, and 4. Section 9. The Contractor agrees that the Agency shall not be liable for any claim or damage in connection with the Project in excess of the Agency's maximum potential monetary contribution of $100,000 under the Agreement, for any action or claim arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver. of the limitation placed on the Agency's liability as set forth in Chapter 768, Florida Statutes. Additionally; the Agency does not waive sovereign immunity, and no claim or award against the City shall include investigative costs or pre judgment interest. Section 10. After the Agency has contributed the Project Funds and the Project Funds have been applied according to the requirements set forth in this Agreement, the Agency shall be automatically discharged from any and all obligations, liabilities and commitments to Contractor or any third person or entity, provided, however, that this Section shall not excuse the continued compliance by Contractor with the terms of this Agreement and the program requirements. Section 11. The Agency may withhold, in whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss on account of matters including but not limited to the following: a) Claims of lien against the Contractor regarding the Project, provided such liens are not bonded off as allowed by law. b) Reasonable evidence to the Agency's sole discretion, that any portion of the Project cannot be completed with Contractor's independent funding sources and the unpaid balance of the funds contemplated in this Agreement. 3 c) Failure to carry out any portion of the Project in accordance with the Contract Documents. d) Failure by Contractor to complete all homes identified on Exhibits 2 and 3 and receive final certificates of occupancy within the later of 12 months from (1) plat approval by the City and Miami -Dade County, and (2) execution of the water and sewer agreement between Contractor and WASD, or (3) approval of the design specifications, architectural drawings and infrastructure improvements (exhibits 1, 3, and 4) by the Agency. Section 12. In the event of a breach of this Agreement, the parties shall be entitled to bring any and all legal and/or equitable actions in the appropriate court located in Miami -Dade County, Florida, in order to enforce the party's right and remedies and shall be subject to Florida law. The prevailing party 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. Section 13. In the event the Project is not completed within the time frame identified in section 11(d) infra, and this Agreement is not extended accordingly, this Agreement shall terminate and all Project Funds not granted to Contractor by Agency shall remain in the custody and control of Agency, and all unexpended Agency funds in the possession of Contractor shall be returned to the Agency. The Contractor shall be entitled to request up to 2, one month extensions of this Agreement, and such request shall not be unreasonably denied, provided Contractor demonstrates good cause for the extension(s). Section 14. All notices, demands, correspondence and communications between the Agency and Contractor shall be deemed sufficiently given under the terms of this Agreement if dispatched by registered or certified mail, , postage prepaid, return receipt requested, addressed as follows: If to the Agency: Executive Director South Miami Community Redevelopment Agency 6130 Sunset Drive South Miami, Florida 33143 and General Counsel to South Miami Community Redevelopment Agency 3225 Aviation Avenue, Suite 301 Miami, Florida 33134 4 If to Contractor: Habitat for Humanity of Greater Miami, Inc. P.O. Box 560994 Miami, FL 33156 Section 15. The Contractor shall require the purchaser of the 5 single family homes constructed pursuant to this Agreement to record a purchase money mortgage and shared - appreciation mortgage loan note in the forms attached hereto as exhibit 5. Section 16. The Contractor agrees to maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues earned, if any, pursuant to this Agreement. The. books and accounts, files and other records of the Contractor, which are applicable to this Agreement, shall be available for inspection, — upon reasonable .advance written notice for review and audit by the Agency and its representatives to determine the proper application and use of all funds paid to or for the account or the benefit of the Contractor. Section 17. Contractor shall indemnify, defend, save and hold harmless the Agency, its officers, agents and employees, from or on account of all claims, damages, losses, liabilities and expenses, direct, indirect or consequential including, but not limited to, fees and charges of purchasers, engineers, architects, attorneys, consultants and other professionals and court costs arising out of or in consequence of the performance of this Agreement at all trial and appellate levels. Indemnification shall specifically include, but not be limited to, all claims, damages, losses, liabilities and expenses arising out of or from (a) the negligent or defective design of the Project and work of the Contractor; (b) any negligent act or omission of the Contractor, its subcontractors, agents servants or employees, (c) any damages, liabilities, or losses received or sustained by any person or persons-during or on account of any negligent operations by Contractor connected with the construction of this Project; (d) the use of any improper materials; (e) any construction defect including both patent and latent defects; (f) failure to timely complete the work; (g) the violation of any federal, state, or county or 'city laws, ordinances or regulations by Contractor, its subcontractors, agents, servants, independent contractors or employees; (h) the breach or alleged breach by Contractor of any term of this Agreement. Notwithstanding the foregoing, Contractor shall have :no obligation whatsoever to indemnify Agency from claims, damages, losses, liabilities and expenses arising from the gross negligence or willful misconduct of the Agency. Section 18. Neither party shall assign its interest in this Agreement without express written consent of the other party. Any violation of this provision shall constitute a default in Agreement. [SIGNATURE PAGES TO FOLLOW] E J IN WITNESS WHEREOF, the Agency and Contractor have caused this Agreement to be executed the day and year first above written. WITNESS: HABITAT FOR HUMANITY OF GREATER AMI, INC. By: Name: Name: 1! Title: QLF CAr 1J6 Tit ILI Name: r APPROVED AS TO FORM: SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY By: azz d 2� Name: �'N�,e c6r c y,t rz Title: Executive Director CITY OF SOUTH MIAMI BY: Title: Mayor Julio Robaina 6 IN WITNESS WHEREOF, the Agency and Contractor have caused this Agreement to be executed the day and year first above written. WITNESS: HABITAT FOR HUMANITY OF GREATER AMI, INC. By: Name: Name: 1! Title: QLF CAr 1J6 Tit ILI Name: r APPROVED AS TO FORM: SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY By: azz d 2� Name: �'N�,e c6r c y,t rz Title: Executive Director CITY OF SOUTH MIAMI BY: Title: Mayor Julio Robaina 6 EXHIBIT 1 DESIGN SPECIFICATIONS FOR THE "MARSHALL WILLIAMSON" PROPERTY Habitat for Humanity of Greater Miami (HFHGM) agrees to construct homes on the "Marshall Williamson" Property pursuant to the following design specifications: 1. A five lot design to construct five, four bedroom/two bathroom models provided that there is a sufficient number of homeowners, which meet HFHGM's criteria for such mnda]g 2. Decorative window treatments (i.e., shutters, window dividers, moldings, sashes or windowsills). 3. Wooden property fences. 4. Landscaping enhancements which exceed the code requirements and the design previously utilized by HFHGM for the homes constructed in the City of South Miami. 5. Decorative trim that enhances the aesthetics of the front porch. 6. Reflective roofing materials. 7 EXHIBIT 2 LEGAL DESCRIPTION Located in Section 25, Township 54, South, Range 40 East, Dade County, Florida. Begin 34.09 Feet West and 19 Feet North of the Southeast comer of the East one half of the Northwest one quarter. of the northwest one quarter of the Southeast one quarter; thence West 218.46 feet; thence North 85 feet; thence East 20 feet; North 80 feet (m. 76 feet); East 210.99 feet; South 133.58 feet; Southwesterly 42.20 feet to the point of beginning; and the South 76 feet of TRACT "K," UNIVERSITY GARDENS SUBDIVISION NO. 4, according to the Plat thereof, as recorded in Plat Book 103, Page 47, of the Public Records of Miami -Dade County, Florida. Folio No. 094025- 065 -0090. The Marshall Williamson Property has a street address of 6576, 6578 and 6580 S.W. 6& Avenue, South Miami, Florida 33143, and folio nos.: 09=4025- 000 -0930 and 094025- 0000 -940. N. 8 v c m rr,*.'.A 1T!1'I AP ci rI*ii In f. Ir. I t , s T 4 ri E0 3E)Vd 2 a. A I CZ 3o Z a$sd) E ITI -, B A.LINVWnH 60d 1dlIEVH ELZZ0L950£ 90 :£T T00Z /LZ /90 i J EXHIBIT 5 This Instrument Prepared by: Anne E. Manning - Habitat for Humanity of Greater Miami, Inc. 9350 S. Dadeland Blvd. ,Miami, FL 33156 MORTGAGE THIS MORTGAGE ( "Security Instrument ") is given on 12002 ' . The mortgagor is HABITAT FOR HUMANITY OF GREATER MIAMI, INC., a Florida not - for -rofit corporation ( "Borrower "). This Security Instrument is given to , which is organized and existing under the laws of the State of Florida, and whose address is ("Lender").. Borrower owes Lender the principal sum of Fifty Thousand Dollars (U.S.$ 50,000.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ( "Note "), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on 2022 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, and all renewals, extensions and modifications of the Note; (b) the payment of all other. sums, -advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Miami -Dade County, Florida: (Legal Description) which has the address of ( "Property Address "); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." 1. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all lawful claims and demands, subject to any encumbrances of record. Borrower and Lender covenant and agree as follows: 0 a 1. Payment of Principal; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of the debt evidenced by the Note and any late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ( "Funds ") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as •a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; and (d) yearly flood insurance premiums, if any. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not; to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. 2601 et seq. ( "RESPA "), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed .the lesser amount Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a' charge. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held . by applicable law, Lender shall account to Borrower for the excess Funds in accordance with requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 19, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to amounts payable under paragraph 2; second, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, . charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be 2 paid under this paragraph: If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter-erected on the Propert3Lixised- against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security, Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the,Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security. Instrument, whether or not then due. The 30 -day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, ' whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 17, by, causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment. of the lien created by - this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the Tease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may _ significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorney's fees and entering on the Property to. make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential,' in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event, of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the, sums secured by this Security Instrument. immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this ' Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to.make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument; whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released: Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or. Borrower's successors in interest. Lender. shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound. The covenants and agreements of this S un Instrument shall bind and benefit the successors and assigns of Lender and Borrower. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Borrower at P.O.Box 560994 Miami, Florida 33256 or such other address as Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed'to have been given to Borrower or Lender when given as provided in this paragraph 14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the State of Florida. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect. other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of. (a) 5 days (or such other period as applicable law may specify, for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument 'and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security' Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of 5 this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain'fully effective as if no acceleration had occurred. 17. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with, paragraph 13 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 18. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do anything affecting the Property that is in violation of any Environmental Law. The preceeding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses' and to maintenance of the Property. Borrower shall promptly give to Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower. learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 18, "Hazardous Substance" are those substances defined as toxic or hazardous substances by Environmental Law and'the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides. and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 18, "Environmental Law" means federal laws and laws of the State of Florida that relate to health, safety or environmental. protection. 19. Acceleration: Remedies. Lender shall give notice to Borrower prior to acceleration following. Borrower's breach of any covenant or agreement in this Security Instrument. The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security .Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the fioreclosure proceeding the non - existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial' proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies ' provided in this paragraph 19, including, but not. limited to, reasonable attorneys' fees and costs of title evidence, all of which shall be additional sums secured by this Security Instrument. 20. Release. Upon payment of all sum secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 21. Attorney's Fees. As used in this Security Instrument and the Note, "attorney's fees" shall include any attorneys' fees awarded by an appellate court. 22. Further Encumbrance. Borrower agrees not to further encumber the Property without prior consent from Lender. Notwithstanding this provision, Lender agrees to Borrower's intent to sell the Property and receive back a wrap- around mortgage from a buyer selected by Borrower. 23. Waiver of Trial by Jury/Punitive Damages/Presentment and Notice of _ Dishonor. Lender and Borrower hereby knowingly, voluntarily and intentionally waive the right either may have to a trial by jury in respect to any litigation based hereon, or arising out of, under or in connection with the Note and/or Mortgage, and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either party. This provision is a material inducement for Lender's decision to extend credit to Borrower. Further, Borrower hereby certifies that no representative or agent of the Lender, nor the Lender's counsel, has represented, expressly or otherwise, that Lender would not, in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Borrower and Lender hereby further waive to the fullest extent permitted by law, any right or, claim for any punitive or exemplary damages against the other and formally agree that in the event of a dispute between or among them, each shall be limited to the recovery of actual damages sustained by such party. Borrower and any other person who has obligations under the Note further waive the rights of presentment and notice of dishonor. "Presentment"' means the right to require the Lender to demand payment of amounts due. "Notice of dishonor" means the right to require the Lender to give notice to other persons that amounts due have not been paid. 7 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Signed, sealed and delivered in the presence of HABITAT FOR HUMANITY OF GREATER MIAMI, INC., a Florida Not- for - Profit ;corporation Printed Name: Printed Name: STATE OF FLORIDA ) )ss: COUNTY OF MIAMI-DARE ) By: Name: Anne E. Manning Its: Executive Director The foregoing instrument was acknowledged before me this day of .2002, by Anne E. Manninig, of Habitat for Humanity of Greater Miami, Inc., a Florida not - for -profit corporation, who is personally known to me and.did not take oath. Notary Public State of Florida Print Name: Kathleen M. Burns My Commission Expires: a $50,000.00 NOTE 2002 Miami Florida CITY STATE Address of Property: 1. BORROWER'S PROMISE TO PAY In return for a loan that Habitat for Humanity of Greater Miami, Inc., a Florida not -for- profit corporation, ( "Habitat ") has received, Habitat promises to -pay U.S. $50,000 (this amount is called "Principal "), to the order of the Lender. The Lender is Habitat understands that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder ". 2. INTEREST No interest will be charged on the unpaid principal. 3. PAYMENTS (A) Time and Place of Payments Habitat will pay principal by making payments every month. Habitat will make its monthly payments on the first day of each month beginning on .2002 Habitat will make these payments every month until Habitat has paid all of the principal and any other charges described below that may if owe under this Note. If, on , 2022, Habitat still owes amounts under this Note, it will pay those amounts in full on that date, which is called the "maturity date. Habitat will make monthly payments at or at any other place specified by the Note Holder. (B) Amount of Monthly Payments Habitat's monthly payment will be in the amount of U.S. $208.33. 4. BORROWER'S RIGHT TO PREPAY Habitat has, the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When Habitat makes a prepayment, Habitat will tell the Note Holder in writing that Habitat is doing so. 9 Habitat may make I a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of Habitat's prepayment to reduce the amount of principal that Habitat owes under this Note. If Habitat makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless the Note Holder agrees in writing to those changes. 10 i Habitat may make I a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of Habitat's prepayment to reduce the amount of principal that Habitat owes under this Note. If Habitat makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless the Note Holder agrees in writing to those changes. 10 r . 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from Habitat which exceeded permitted limits will be refunded to Habitat. The Note Holder may choose to make this refund by reducing the principal Habitat owes under this Note or by making a direct payment to Habitat. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date is due, Habitat will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal. Habitat will pay this late charge promptly but only once on each late payment. (B) Default If Habitat does not pay the full amount of each monthly payment on the date it is due, Habitat will be in default. (C) Notice of Default If Habitat is in default, the Note Holder may send Habitat a written notice telling Habitat that if Habitat does not pay the overdue amount by a certain date, the Note Holder may require Habitat to pay immediately the full amount of principal which has not been paid and alI other charges if any, that Habitat owes on the amount. That date must be at least 30 days after, the date on which the notice is delivered or mailed to Habitat. (D) No Waiver By Note Holder Even if, at a time when Habitat is in default, the Note Holder does not require Habitat to pay immediately in full as described above, the Note Holder will still have the right to do so if Habitat is in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required Habitat to pay immediately in full as described above, the Note Holder will have the right ' to be paid back by Habitat for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorney's fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Habitat under this Note will be given by delivering it or by mailing it by first. class mail to. Habitat at P.O. Box 560994, Miami, Florida 33256 -0994 or at a different address if Habitat gives the Note Holder a notice of its different address. 1� Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3 (A) above or at a different address if Habitat is given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person or corporate entity signs this Note, each person is fully obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any, person who takes over these obligations, including the, obligations of a guarantor, surety or endorser of this Note; is also obligated to keep all of the promises made in this Note. The Note Holder may, enforce its rights under this Note against each person or entity individually or against all who signed the Note together. This means that any one who signed the Note may be required to pay all of the amounts owed under this Note. "12 5 Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3 (A) above or at a different address if Habitat is given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person or corporate entity signs this Note, each person is fully obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any, person who takes over these obligations, including the, obligations of a guarantor, surety or endorser of this Note; is also obligated to keep all of the promises made in this Note. The Note Holder may, enforce its rights under this Note against each person or entity individually or against all who signed the Note together. This means that any one who signed the Note may be required to pay all of the amounts owed under this Note. "12 9. WAIVER OF TRIAL BY JURY/PUNITIVE DAMAGES/PRESENTMENT AND NOTICE OF DISHONOR Lender and Habitat hereby knowingly, voluntarily and intentionally, waive the right either may have to a trial by jury in respect to any litigation based hereon, or arising out of under or in connection with this Note and/or the Mortgage, and any agreement contemplated to be executed in conjunction herewith, or any course or conduct, course of dealing, statements (whether verbal or written) or actions of either party. This provision is a material inducement for the Lender extending credit to Habitat. Further Habitat hereby certifies that no representative or agent of the Lender, nor the Lender's counsel, has represented, expressly or otherwise, that the Lender would not, in the event of such litigation, seek to enforce this waiver of right to jury trial provision. . Habitat and Lender hereby further waive to the fullest extent permitted by law, any right or claim for any punitive or exemplary damages against the other and formally agree that in the event of a dispute between or among them, each shall be limited to the recovery of actual damages sustained by such parry. Habitat and any other person or entity who has obligations under this Noted further waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Lender to demand payment of amounts due. "Notice of Dishonor" means the right to require the Lender to give notice to other persons that amounts due have not been paid. 10, SECURED NOTE In addition to the protections given to the Note Holder under this Note, a ,Mortgage, Deed of Trust or Security Deed (the "Security Instrument "), dated the same date as this Note, protects the Note Holder from possible losses which might result if Habitat does not keep the promises which Habitat makes in this Note. That Security. Instrument describes how and under what conditions Habitat may be required to make immediate payment in full of all amounts Habitat owes under this Note. WITNESS THE HAND(S) AND SEALS) OF THE UNDERSIGNED HABITAT FOR HUMANITY OF GREATER MIAMI, INC., a Florida Not- for -Profit corporation, BY: (Seal) Borrower NAME: Anne E. Manning ITS: Executive Director: 13 r r' ?ODt i�lMYYi �(3V:Y�. ^.iv,'�:Lh�fCtT:f :.'i.2 >,i. f'�.`ti.•ti�f,9'L' �;�+i't ?i ?.if�•Fi' SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD AGENDA Monday, March 29, 2004 Location: Sylva Martin Building, South Miami City Hall 6130 Sunset Drive, South Miami,,FL 33143 (305) 668 -7238 Time: 5:30 P.M. L CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. OLD BUSINESS Review of the past two CRA Board meetings IV. NEW BUSINESS A. Madison Square Saturdays (Preliminary Stages) B.' Demolition of old wooden house behind Higher Praise and Worship (Pastor Graham) C. Master Plan Resolution I D. Miami -Dade Governments approval of the increase of SMCRA administration expenditure Cap 20% E. Commerce Lane Architecture. renderings by students from Ball State University. 1 meeting with Carlos Casusceli (Pan American Federation of Architects) & Joseph Bilello (Dean of School of Architecture, Ball State University) F. Mom & Pop economic development program for SMCRA business district G. Teresa Sawyer property update H Mobley Property Relocation I. Rebuilding Together J. European Automotive K Trash receptacles V. PUBLIC REMARKS VL STAFF REMARKS " VL BOARD REMARKS 1. Praise & worship before the house behind the Church is demolished the Advisory Board suggest extermination because of rodents problems. 2. European Automotive improves the signage 3. Commerce lane establish a traffic calming because it is turning into a cut through street 1 r VII. ADJOURNMENT 4. Mrs. Sawyer needs (2) surveys before selling property back 0 >..;;;.,.;. >s j //i / /•'�l 'yg�� N S* /�fr..^f %%+�/ W9i+ /f•,y'(i� lci ccc v xiil�s Qhll i f ftz v �ictt .eet r a , y. r x , ! y ... (^ s� Y• �'i > � < e•' r y YSr .r ��x3�i'tF %C,� .JM'v i':L ?;�� "st36if3'�>•7c.�f3' >.".t sf'i.. ,3t < <�dC;�.• i�3.4..si/fr x�•'f3t 84 a.t, t4:�' �'r.J�{ SOUTH MIAMI GARDENS INFORMATIONAL; MEETING.....__ March 4, 2004 Thursday Location: Murray Park Multipurpose Center 5800 SW 66 Street Time: 7:00 P.M. L Introductions / Overview A. SMCRA Staff B. SMG Project Consultant 1.Richard Miller C. SMG Social Worker 1. Sandra Garcia i II. Defining SMCRA'S Role in SMG Redevelopment A. Joseph Gibson, SMCRA Director III. Consultant's Presentation IV. The Survey Process . I, I V. Questions ! Answers VI. CRA Director's Comments VII. Adjournme ^t ' rry7� p�ryy, SM'CRA' s: x r"3 y�� }}r tt4;cxi �hhFFtt �+r [[s�� //yy yyc//"� /�% rrt a v,p lr'�s fra id ' sb1di g blbwr 0 Lb.td�f Sbar hao Ll Wt[�L. t..L ,^lac - N. � id`4, > .A, i0 d,tt Y'ii • 'W }• IMPORTANT MEETING ANNOUNCEMENT _- .._._.... Dear Residents of South Miami Gardens: We need to. hear from you. Your input on what you want in your community is very important. We will be holding numerous meetings to. update you on the future of South Miami Gardens. The next meeting will take place: Thursday, March 4, 2004 At 7:00 pm Murray Park Multipurpose Center 5800 SW 66 Street We hope:to see you there!