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08-06-010 Chair Julio Robaina. Vice Chair Horace G. Feliu Member Mary Scott Russell Member David D. Bethel Member Randy G. Wiscombe Member Charete B. Plummer CRA General Counsel CRA Executive Director CRA Director CRA Secretary. John Dellagloria Charles D. Scurr Gregory J. Oravec Ronetta Taylor i SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY CRA- Meeting Meeting date: August 6, 2001 Sunset Drive, South Miami, FL Next Regular Meeting Date: September 3, 2001 Phone: (305) 663 -6338 Time: 6:30 PM City of South Miami Ordinance No. 10 -00 -1712 requires Z :.1 lobbyists befog: .z—aging 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: 3. PLEDGE OF ALLEGIANCE: COMMUNITY REDEVELOPMENT-AGENCY 1 AGENDA - August 6, 2001 ITEMS FOR THE BOARD'S CONSIDERATION: 4. Approval of Minutes Regular CRA Minutes - June 4, 2001 5. CRA Director's Report: A. Marketing Update— Bobbie Mumford 6. CRA General Counsel's Report: CONSENT AGENDA 7. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING RESIDENTIAL REHABILITATION GRANTS IN AN AGGREGATE AMOUNT UP TO $21,650 PER THE SCHEDULE ATTACHED AS EXHIBIT 111;" AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE AWARDS FROM THE SINGLE FAMILY REHABILITATION LINE ITEM OF THE ADOPTED FY. 2000 -2001 BUDGET; AND PROVIDING AN EFFECTIVE DATE. 8. A RESOLUTION OF THE SOUTH. .MIAMI COMMUNITY REDEVELOPMENT. AGENCY. AUTHORIZING.. "^_'I L•- ECUTIVE" " DIRECTOR ., TO' DISBURSE $6,012 FROM THE SP ,CIZiL REDEVELOPMENT LEGAL SERVICES LINE ITEM OF THE ADOPTED FY 00 -01 BUDGET TO LOTT & LEVINE FOR, LEGAL FEES RELATING TO THE PURCHASE OF THE "MOBLEY" PROPERTY; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION(S) (For Public Hearing) 9. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH CHRISTOPHER J. BROWN FOR THE PREPARATION OF A FINDING OF NECESSITY STUDY FOR THE WESTERN PORTION OF THE SW 62ND AVENUE CORRIDOR, FROM SW 62ND AVENUE SOUTH TO SUNSET DRIVE; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE UP TO $3,500 FROM THE SPECIAL REDEVELOPMENT EXPERT TECHNICAL ASSISTANCE SERVICES LINE ITEM; AND PROVIDING AN EFFECTIVE DATE. 10. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING THE "LANDSCAPING THE REDEVELOPMENT AREA PROGRAM;." AUTHORIZING THE EXPENDITURE OF UP TO $15,000 FOR THE IMPLEMENTATION OF THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. COMMUNITY REDEVELOPMENT AGENCY 2 AGENDA — August 6, 2001 11. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING "OPERATION FACELIFT;" AUTHORIZING THE EXPENDITURE OF UP TO $20,000 FOR THE IMPLEMENTATION OF THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. 12. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING A COMMERCIAL REHABILITATION GRANT OF UP TO $12,500 FOR PRINCETON PRESCHOOL AND CHILD CARE CENTER INCORPORATED AUTHORIZING THE EXECUTION OF A COMMERCIAL REHABILITATION GRANT AGREEMENT AND RELATED DOCUMENTS; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE THE AWARD FROM THE COMMERCIAL " BUILDING REHABILITATION LINE ITEM OF THE ADOPTED FY 00 -01 BUDGET; AND PROVIDING AN EFFECTIVE DATE. '13. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING A COMMERCIAL REHABILITATION GRANT OF UP TO $22,500 FOR PETER PREVITI TRUSTEES; AUTHORIZING THE EXECUTION OF A COMMERCIAL REHABILITATION GRANT AGREEMENT AND RELATED DOCUMENTS; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE THE AWARD FROM THE COMMERCIAL BUILDING REHABILITATION LINE ITEM OF THE ADOPTED FY 00 -01 BUDGET; AND PROVIDING AN EFFECTIVE DATE. 14'. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING THE PURCHASE OF INFILL LOTS FROM MIAMI -DADE COUNTY; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE UP TO $35,000 FROM ACCOUNT 610- 0000- 219.13- 40, ENTITLED " ESCROW - RESIDENTIAL REINVESTMENT," TO THE CLERK OF THE COURTS; AND PROVIDING AN EFFECTIVE DATE. 15. A RESOLUTION OF THE.SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING THE PURCHASE OF AN INFILL LOT FROM MILDRED BERRY; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE UP TO $15,625 FROM ACCOUNT 610 - 0000 - 219.13 -40, ENTITLED " ESCROW - RESIDENTIAL REINVESTMENT," TO MILDRED BERRY, PROPERTY OWNER; AND PROVIDING AN EFFECTIVE DATE. SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2- 2.1(k)(2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS ; WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE, GRANTED BY MAJORITY VOTE OF THE COMMISSION." COMMUNITY REDEVELOPMENT AGENCY 3 AGENDA - August 6, 2001 , 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 4 AGENDA - August 6, 2001 City of South Miami Regular CRA Minutes June 4, 2001 GALL TO ORDER The Board of the South Miami Community Redevelopment Agency met in regular session on Monday, June 4, 2001 beginning at 6:30 p.m., in the City Commission Chambers, 6130 Sunset Drive. 1. Roll Call: The following members of the CRA Board were present: Chairperson Julio Robaina, Members David D. Bethel, Mary Scott Russell and Randy G. Wiscombe. Vice Chair Feliu was out of town. Members James Bowman and Charete Plummer were not present. Also in attendance were: CRA Executive Director Charles D. Scurr, CRA Director Gregory J. Oravec, CRA Outreach Coordinator James McCants, CRA General Counsel John Dellagloria and CRA Secretary representative Nkenga Payne. 2. Invocation: Member Bethel delivered the Invocation. 3. Pledge of Allegiance: The Pledge of allegiance was recited in unison. 4. Approval of Minutes: Regular CRA Minutes - April 23, 2001 Moved by Member Russell, seconded by Member Wiscombe to approve the April 23, 2001 minutes as presented. There, being no discussion the motion passed by a 4 -0 vote. Member Bethel: Yea Member Wiscombe: Yea Member Russell: Yea Chairperson Robaina: Yea Regular CRA Minutes - May 7, 2001 Moved by Member Russell, seconded by Member Wiscombe to approve the May 7, 2001 minutes as presented. There, being no discussion the motion passed by a 3 -0 vote. Member Bethel: did not vote COMMUNITY REDEVELOPMENT AGENCY 1 MINUTES - June 4, 2001 Member Wiscombe: Yea Member Russell: Yea Chairperson Robaina: Yea Member Bethel indicated that he was not present at the May 7th CRA meeting therefore, he did not vote on the minutes. 5. CRA Director Report: Due to summer recess the next CRA meeting was scheduled for August 6, 2001. Forty -five youth from the community would be employed in the summer youth employment program. An additional 17 youth will be employed with the State Attorney's Office. A draft of the Landscaping Redevelopment Area Plan Phase I, Fiscal -Year 2000/2001 is on tonight's agenda. Twenty -five Habitat for Humanity homes eligible for this "Plan" have been identified. A letter of invitation will be mailed to these Habitat property owners. A workshop involving CRA staff and City's Landscape Division personnel will be held whereby the property owners will have an opportunity to discuss the Landscape Plan. Mr. Oravec referenced a City Commission resolution sponsored by Vice Mayor Feliu regarding Habitat for Humanity. The Resolution specifically;- assigns Code Enforcement liens bn "the. Marshall Williamson apartment complex to Habitat for Humanity. There is a provision in the resolution that the liens are to be assigned with the condition that Habitat comes before the CRA Board after receiving the Advisory Board's recommendation on their proposed platting. There is also a proposed agreement between the CRA and Habitat for Humanity, which provides for an investment of $20,000.00 in tax increment financing per home to make an enhanced architectural product happen. This proposal would be brought to the Board for its approval. Mr. Oravec reported on the Infill Housing program and indicated that Jubilee would be building one house in the CRA area. Within the next week staff would be issuing a new RFP &Q for Infill Housing. Mr. Oravec introduced Marcia Oban of Consumer Credit Counseling Services. He said that the CRA was working on a contract with Consumer Credit Counseling Services of South Florida. He emphasized the benefits this Agency's services could provide to those interested in becoming homeowners. This contract would not come before the Board for approval because it was under the $5,000.00 threshold. Ms. Oban appeared before the CRA Board to familiarize them about her agency and why it can be seen as a win -win partnership. This Agency is a part of the National Foundation for Credit COMMUNITY REDEVELOPMENT AGENCY 2 MINUTES - June 4, 2001 Counseling. The Agency offers a comprehensive housing program. The Agency also offers one on one or group counseling on debt management, credit issues, etc. The "Certificate" courses are designed specifically to assist the client to succeed in homeownership. This course is an eight -hour course usually held on Saturdays. Member Russell asked if the confidentiality of the buyer was protected even though items involved with- the CRA are public record. Ms. Oban said that this information is confidential. Recently all financial institutions came out with a privacy notification. General Counsel Dellagloria indicated that at least some of the information is public unless stated otherwise in the public records act. Mr., Oravec reported on the CRA's preparations for the All America City presentation in Atlanta, George during the days of June 20 -24, 2001. The CRA was one of the three significant parts of the All America City application. Items For the Director Chairperson Robaina voiced conce'rri ' A'iith :.the following issues: 1. Code Enforcement violations of 6150 and 6152 SW 63rd Street. Raw garbage is being dumped on trash piles. Landscape cuttings are also being dumped there on a daily basis. 2. On the corner 64th and 59th Place, garbage is being dumped on the street instead of inside the garbage dumpster. The property owner has been cited and fined. However, the problem still exists and residents in the* neighborhood have to live with this situation on a daily basis. General Counsel said that since the property has been cited and fined the only other option for the City is to ask for injunctive relief on the basis that it has become a public nuisance. Member Russell suggested expanding this process and making it a citywide effort because the problem is happening in other areas as well. Chairperson Robaina said the violators are the rental property owners. General Counsel Dellagloria. suggested that if there are liens on the property that a foreclosure action might suffice. COMMUNITY REDEVELOPMENT AGENCY 3 MINUTES - June 4, 2001 Member Bethel stressed the importance of not making any exceptions for any of the rental property owners. Chairperson Robaina asked General Counsel Dellagloria to move forward with whatever avenue is open to the City. He said this issue would also' be discussed with the City's Attorney during the City Commission meeting. Member Russell said that she did not see any CRA Advisory Board recommendations attached to certain items and asked if the CRA Advisory'Board was active and having meetings. Mr. Oravec.related that the CRA Advisory Board had met last week and had recommended by a 3 -0 vote the approval of the revised budget. The Advisory Board did not review specifically the Transhuttle or the Mobley property but they were apprised of the issues. Member Bethel suggested encouraging other homeowners in the CRA area to landscape their property. Mr. Oravec indicated that the landscaping in the redevelopment area is Phase One and will be finalized by the end of next week. In August, "Operation Facelift" [painting project] will be brought to the Board for its consideration. Member Bethel suggested utilizing the "Ex- offender" Program for some of the fix -up projects. Mr. Oravec indicated that the "Ex- offender" Director was at the last CRA Advisory meeting. The Ex- offender program will be placed on the CRA contractor's pool. The CRA is also working with Community Newspaper to come up with a "Model Home" program. Chairperson Robaina shared that the City recognized a partnership with Neighbors 4 Neighbors and ACE Hardware. Member Russell represented the City at this event. Mr. Oravec announced that on Saturday, June 9th the CRA Advisory Board would be hosting its semi - annual Town Hall meeting at Murray Park. After there were no further comments or questions for the CRA Director this report concluded. 6. CRA General Counsel's Report: General Counsel Dellagloria reported that he was asked by both the CRA Executive Director and City Manager to look into the issue regarding the tax Protest levied and Tax Protest filed by the Shops At Sunset Place. The Tax Assessor's office and the Value Adjustment Board have given notice that the Tax Protest was filed. At this point, no hearing has been scheduled regarding COMMUNITY REDEVELOPMENT AGENCY' 4 MINUTES - June 4, 2001 2000 Taxes. General Counsel of the Value Adjustment Board has indicated that the City and not the CRA is an entity, which certainly has standing to appear at any hearing. This situation will continue to be monitored and if the situation is resolved amicably the City would like to know how that resolution and settlement will affect the City with regard to the outstanding ad valorem taxation. The City should receive notice of any hearing that ought to happen with the Value Adjustment Board. That notice would be sent to Mayor Julio Robaina. General Counsel Dellagloria suggested giving the Executive Director the authority to hire an expert witness to speak on the City's behalf at any hearings regarding this issue that would be scheduled. Executive Director Scurr said that this is enormously important for the City and even more important for the CRA. The Shops at Sunset Place is appealing approximately $25 Million dollars of their assessment. By acclamation the Board directed the Executive Director to retain an expert witness to assist with the Shops At Sunset Place Tax Protest Appeal process. After, there were no further comments or questions for the General Counsel this report was concluded. CONSENT AGENDA (There are no items.) RESOLUTION(S) (For Public Hearing) CRA 12 -01 -61 7. A RESOLUTION-OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVING THE REVISED BUDGET OF THE AGENCY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001; AUTHORIZING THE EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING THE AGENCY TO SUBMIT. THE BUDGET TO - MIAMI -DARE COUNTY FOR APPROVAL; PROVIDING FOR REPEAL, SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. Moved by Chair Robaina, approve this item. seconded by Member Russell to Mr. Oravec explained that the Shops At Sunset Place as well as the surrounding property owners had appealed their tax assessment. This has caused a shortfall in the projected revenue. The revised budget has a decrease in revenue of $150,500. COMMUNITY REDEVELOPMENT AGENCY 5 MINUTES - June 4, 2001 At the conclusion of this discussion, the motion passed by a 4 -0 vote. Member Bethel: Yea Vice.Chair Feliu: Not present Member Wiscombe: Yea Member Bowman: Not present Member Russell: Yea Member Bowman: Not present Chair Robaina: Yea CRA 13 -01 -62 8. A RESOLUTION OF THE CHAIRPERSON AND BOARD OF COMMISSIONERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF SOUTH MIAMI,TO PROVIDE FOR A LOAN AND REPAYMENT SCHEDULE, NOT TO EXCEED A TOTAL COMMITMENT IN EXCESS OF $118,000, FOR THE PURCHASE AND OPERATION OF A TRANSHUTTLE VEHICLE. Moved by Chair Robaina, seconded by Members Russell and Bethel to approve this item. Mr. Oravec explained that the next two items are similar. He said that because of the newness of the Agency lenders are more pl.one: co giving the money to the City than `�A:' This Inter -acal' agreement simply provides for the City to be the lessee or the responsible entity. The CRA will merely pay the City, which in term will pay the bill. Chairperson Robaina asked how long would it take before the vehicle is in place. Mr. Oravec said that delivery is anticipated during next fiscal year. At the conclusion'of this discussion the motion passed by a 4 -0 vote. Member Bethel: Vice Chair Feliu: Member'Wiscombe: Member Bowman: Member Russell: Member Bowman: Chair Robaina: CRA 14 -01 -63 Yea Not present Yea Not present Yea Not present Yea 9. A RESOLUTION OF THE CHAIRPERSON AND BOARD OF COMMISSIONERS OF THE SOUTH MIAMI. COMMUNITY REDEVELOPMENT AGENCY APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF SOUTH MIAMI TO PROVIDE FOR A LOAN OF COMMUNITY REDEVELOPMENT AGENCY 6 MINUTES - June 4, 2001 UP TO $400,000 AND APPROVING A REPAYMENT SCHEDULE FOR THE PURCHASE OF THE PROPERTY LOCATED AT 5825 SW 68TH STREET, SOUTH MIAMI, FLORIDA. Moved by Chair Robaina, seconded by Members Russell and Bethel to approve this item. Executive Director Scurr emphasized that the City was in no financial risk because should the CRA fold the City would receive the tax increment that would have gone to the CRA. That money would be used as repayment. There, being no discussion the motion passed by a 4 -0 vote. Member Bethel: Vice Chair Feliu: Member Wiscombe: Member Bowman: Member Russell: Member Bowman: Chair Robaina: CRA 15 -01 -64 Yea Not present Yea Not present., Yea Not present Yea 10. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE , $17,200.' FROM THE ,-:T nom. ACQUISITION ;.CCOUNT TO, LAWYERS-TITLE.! "'INSURANCE' CORPORATION FOR THE PURCHASE OF THE PROPERTY LOCATED AT 5825 SW 68TH STREET, SOUTH MIAMI, FLORIDA. Moved by Chair Robaina, seconded by Member Russell ,to approve this item. Mr. Oravec said that this item provides for the additional deposit as applied for contract. Member Bethel inquired about the current tenants on the property. Mr. Oravec said some of the tenants are on a month -to -month basis except for the tenant closest to Murray Park. Those tenants have a contract and will be on the property for the next two years. At the conclusion of this discussion, the motion passed by a 4 -0 vote. Member Bethel: Vice Chair Feliu: Member Wiscombe: Member Bowman: Member Russell: COMMUNITY REDEVELOPMENT AGENCY 7 MINUTES - June 4, 2001 Yea Not present Yea Not present Yea Member Bowman: Chair Robaina: Not present Yea CRA 16 -01 -65 11. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE $408,500 -FROM THE. LAND ACQUISITION ACCOUNT TO MABLE A. MOBLEY (OR CLOSING AGENT) FOR THE PURCHASE OF THE PROPERTY LOCATED AT 5825 SW 68TH STREET, SOUTH MIAMI, FLORIDA. Moved by Member Wiscombe, seconded by Members Russell and Bethel to approve this item. Mr. Oravec said this would make the purchase happen and asked for the Board's approval. At the conclusion of this discussion, the motion passed by a 4 -0 vote. Member Bethel: Yea Vice Chair Feliu: Not present Member Wiscombe: Yea Member Bowman: Not present Member Russell: Yea 1,'erlber Bowman: Not present ^::a..� _. , Robaina : Yea PUBLIC COMMENTS Ms. Yvonne Beckman was afforded an opportunity for comments. CRA BOARD COMMENTS Each member of the CRA Board was afforded opportunities for comments. After there were no other issues to come before the CRA Board, the meeting adjourned at approximately 7:45 p.m. Approved Attest: CRA Chairperson CRA Secretary COMMUNITY REDEVELOPMENT AGENCY 8 MINUTES - June 4, 2001 ' SMC RA South Miami Community Redevelopment Agency "A Place to Live, Work and Play" INTER- OFFICE MEMORANDUM To: Honorable Chair Date: July 31, 2001 and SMCRA Board From: Gregory J. Oravec Subject: Meeting 8/06/01—_-7_ SMCRA Director Single Family Rehabilitation Applications REQUEST A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING RESIDENTIAL REHABILITATION GRANTS IN AN AGGREGATE AMOUNT UP TO $21,650 PER THE SCHEDULE. ATTACHED AS EXHIBIT "1;" AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE AWARDS FROM THE SINGLE FAMILY REHABILITATION LINE �Tr,,, T (" i, THE ADOPTED FY 2000 -2001 BUDGET, 'A^rD- PP T'iDING. Ai"I EFFECTIVE DATE. BACKGROUND AND ANALYSIS The Single Family Rehabilitation Program offers three levels of grant funding to single family homeowners within the South Miami Community Redevelopment Area in order to increase the quality of the existing housing stock. The Program prioritizes applications which address health, safety and welfare issues, or would assist applicants who can least afford to carry out rehabilitation activities. Attached as Exhibit "1," please find the "Residential Rehabilitation Application Summary" spreadsheet which outlines the requests currently before you for approval. All of the applications meet the criteria and guidelines of the program. Approval of all applications would result in the awarding of $21,650 in grants from the Single Family Rehabilitation Line Item. The current balance of the account is approximately $40,600, and the resulting balance would be approximately $19,000. On July 30, 2001, the SMCRA Advisory Board voted 4 -0 to recommend approval of the applications. RECOMMENDATION Your approval is recommended. RESOLUTION NO. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT -AGENCY APPROVING RESIDENTIAL REHABILITATION GRANTS IN AN AGGREGATE AMOUNT UP TO $21,650 PER THE SCHEDULE ATTACHED AS EXHIBIT "1;" AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE AWARDS FROM THE SINGLE FAMILY REHABILITATION LINE ITEM OF, THE ADOPTED FY 2000 -2001 BUDGET; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the South Miami Community Redevelopment Agency ( SMCRA) is committed to achieving holistic neighborhood revitalization through physical, economic and social development; and WHEREAS, to achieve neighborhood revitalization, the SMCRA is granted powers by the State and County, including the ability to administer housing rehabilitation programs;: and WHEREAS, the SMCRA desires to award rehabilitation grants in order to enhance the quality of the existing housing stock and quality of life in the Redevelopment Area. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. The Single Family Rehabilitation Applications and Awards identified in Exhibit "1," entitled "Residential Rehabilitation Application Summary for August 6, 2001," are hereby approved. Section 2. The Executive Director is ,authorized to disburse an aggregate amount up to $21,650 from the Single Family Rehabilitation Line Item to the approved grant recipients per Exhibit "1." Section 3. passage. This resolution shall take effect immediately at the time of its PASSED AND ADOPTED this ATTEST: SECRETARY day of 12001. READ AND APPROVED AS TO FORM: COUNSEL APPROVED: CHAIR AUffaca SMCRA South Miami Community Redevelopment Agency A Place to Live, Work and Play" r INTER- OFFICE MEMORANDUM To: Honorable Chair Date: July 31, 2001 and SMCRA Board From: Gregory J. Oravec Subject: Meeting 8/06/01 SMCRA Director Legal Fees —Lot & Levine REQUEST A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE $6,012 FROM THE SPECIAL REDEVELOPMENT LEGAL SERVICES LINE ITEM OF THE ADOPTED FY 00 -01 BUDGET TO LOTT & LEVINE FOR LEGAL FEES RELATING TO THE PURCHASE OF THE "MO L,EY" PFs C %T- 1E.RT.Y; AND PROVIDING AN EFFECTINTE I4 -A V? ". BACKGROUND AND ANALYSIS The attached resolution would allow the Agency to compensate the firm'of Lott & Levine, in the amount of $6,011.98, for the legal work necessary to purchase the "Mobley" Property. The available balance of the Special Redevelopment Legal Services Line Item is $15,090, and the remaining balance would be $9,078. RECOMMENDATION Your approval is recommended. RESOLUTION NO. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE $6,012 FROM THE SPECIAL REDEVELOPMENT LEGAL SERVICES LINE ITEM OF THE ADOPTED FY 00 -01 BUDGET TO LOTT & LEVINE FOR LEGAL FEES RELATING TO THE PURCHASE OF THE "MOBLEY" PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami (City) has created a South Miami Community Redevelopment Agency ( SMCRA) pursuant to Chapter 163, Part III, Florida Statutes; and WHEREAS, the SMCRA required the use of a real estate attorney in order to protect its interests in the purchase of the Mobley Property. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. The Executive Director is authorized to disburse $6,012 from the Special Redevelopment Legal Services Line Item of the Adopted FY 00 -01 Budget to Lott & Levine for legal fees relating to the purchase of the "Mobley" Property. Section 2. This resolution shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 2001. ATTEST: APPROVED: SECRETARY CHAIR READ AND APPROVED AS TO FORM: COUNSEL LOTT & LEVINE TWO DATRAN CENTER, SUITE 1701 9130 SOUTH DADELAND BOULEVARD MIAMI, FLORIDA 33156 June 23, 2001 Reference No. 5350 THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY CITY OF SOUTH MIAMI ATTN: GREG ORAVEC, DIRECTOR 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 For Professional Services Concerning: Matter Number: CITY4.00145 Title: PURCHASE FROM MOBLEY Hours 12/19/00 RECEIVED AND REVIEWED PROPOSED CONTRACT; FAXED COMMENTS TO DELLAGLORIA. 1.50 02/22/01 MEETING AT SOUTH MIAMI WITH DELLAGLORIA, ORAVEC, MOBLEY AND. KNISKEM (SELLER'S: ATTORNEY). : 2.00 03/01/01 RECEIVED AND REVIEWED CONTRACT REVISED PER MEETING ON 2/22/01; "MARKED UP" CONTRACT AND FAXED COMMENTS TO ORAVEC AND DELLAGLORIA; FOLLOW UP TELEPHONE CONFERENCE /FAX. 1.50 03/02/01 TELEPHONE CONFERENCE WITH SELLER'S ATTORNEY - REVISIONS TO CONTRACT; RECEIVED AND REVIEWED REVISED PAGES 2 & 3; FOLLOW UP TELEPHONE CONFERENCE WITH ORAVEC. 1.00 03106101 FAX TO ORAVEC - INSTRUCTIONS AS TO EXECUTION OF CONTRACT AND DELIVERY OF DEPOSIT. 0.50 03/06/01 RECEIVED AND REVIEWED FAX - REQUEST TO INITIATE PHASE I ESA INSPECTION. 0.20 03/07/01 RECEIVED AND REVIEWED LETTER FROM SELLER'S ATTORNEY - INSTRUCTIONS AS TO DELIVERY OF SIGNED CONTRACTS AND DEPOSIT; FAXED COPY TO ORAVEC. 0.30 03/09/01 RECEIVED AND REVIEWED LETTER FROM SELLER'S ATTORNEY - CONTRACT SIGNED; LOGGED DATE OF EXPIRATION OF INSPECTION PERIOD. 03/26/01 RECEIVED TITLE COMMITMENT FROM SELLER'S ATTORNEY - PRELIMINARY REVIEW. 03/29/01 RECEIVED AND REVIEWED LETTER FROM SELLER'S ATTORNEY - STATUS OF APPEAL BEFORE VALUATION ADJUSTMENT BOARD. 04/01/01 MEETING AT GOVERNMENT CENTER TO OBTAIN AND REVIEW FULL SIZED COPY OF PLAT; TITLE EXAMINATION. 04/12/01 TELEPHONE CONFERENCE WITH ORAVEC - STATUS OF RECEIPT OF SURVEY. 04/24/01 RECEIVED AND REVIEWED LETTER FROM SELLER'S ATTORNEY AS TO TENANT ESTOPPELS. 04/25/01 TELEPHONE CONFERENCE WITH ORAVEC - STATUS OF RECEIPT OF SURVEY. 04/30/01 RECEIVED AND REVIEWED SURVEY AND OTHER DOCUMENTS NOTED IN TITLE COMMITMENT. 05/02/01 RECEIVED AND REVIEWED PHASE I ESA. 05103101 TELEPHONE CONFERENCE WITH DELLAGLORIA AND ORAVEC; PREPARED DRAFT OF FIRST ADDENDUM TO EXTEND INSPECTION PERIOD AND CLOSING DATE; FAXED TO DELLAGLORIA AND ORAVEC FOR COMMENTS AND SIGNATURE. 05/04/01 RECEIVED AND REVIEWED FAX OF ADDENDUM SIGNED BY ORAVEC; FAXED ADDENDUM TO MOBLEY FOR SIGNATURE; FOLLOW UP TELEPHONE CONFERENCES. 05/07/01 RECEIVED AND REVIEWED FAX FROM MOBLEY - CHANGES TO ADDENDUM; REVISED ADDENDUM AND FAXED TO DELLAGLORIA FOR COMMENT AND SIGNATURE; RECEIVED ADDENDUM SIGNED BY ORAVEC AND FAXED TO MOBLEY; RECEIVED ADDENDUM SIGNED BY MOBLEY AND FAXED COPY TO DELLAGLORIA AND ORAVEC; TELEPHONE CONFERENCES IN 0.30 1.00 0.20 1.50 0.20 0.20 0.20 0.50 0.30 1.00 0.50 Page: 2 Reference Number: 5350 CONNECTION WITH FOREGOING; RECEIVED AND REVIEWED PHASE I ESA. 2.00 05/28/01 RECEIVED AND REVIEWED ASBESTOS SURVEY REPORT. 0.30 06/01/01 RECEIVED AND REVIEWED BUILDING INSPECTION REPORT; FOLLOW UP TELEPHONE CONFERENCE WITH ORAVEC. 0.50 06114101 MEETING AT CLERK'S OFFICE TO OBTAIN ADDITIONAL COPIES OF DOCUMENTS NOTED IN TITLE COMMITMENT. 1.00 06115101 MEETING WITH ORAVEC, DELLAGLORIA AND GALLOP; PREPARED SECOND ADDENDUM FOR EXTENSION AND FAXED TO ORAVEC; TELEPHONE CONFERENCES WITH SELLER'S ATTORNEY FOR EXTENSION OF INSPECTION PERIOD AND CLOSING DATE; REQUESTED COPY OF LEASE; RECEIVED AND REVIEWED FAX OF LEASE; RECEIVED AND REVIEWED LETTER FROM SELLER'S ATTORNEY OUTLINING TERMS OF EXTENSION ACCEPTABLE TO SELLER; FOLLOW UP TELEPHONE CONFERENCES WITH DELLAGLORIA ANI �ORAVEC; PREPARED AND FAXED TO SELLER'S ATTORNEY NOTIFICATION OF CANCELLATION OF CONTRACT AND COPY TO ORAVEC AND DELLAGLORIA; FOLLOW UP TELEPHONE CONFERENCE WITH SELLER'S ATTORNEY; RECEIVED AND REVIEWED FAX - WRITTEN RESPONSE TO NOTICE OF CANCELLATION. 4.50 06/16/01 TELEPHONE CONFERENCE WITH DELLAGLORIA AND GALLOP; LETTER TO SELLER'S ATTORNEY AND FAXED COPIES TO ALL INTERESTED PARTIES. 1.00. 06/18/01 RECEIVED AND REVIEWED LETTER FROM SELLER'S ATTORNEY; FAX TO ORAVEC AND DELLAGLORIA; FOLLOW UP TELEPHONE CONFERENCES. 1.00 06/20/01 RECEIVED AND REVIEWED LETTER FROM SELLER'S ATTORNEY; FOLLOW UP FAX AND TELEPHONE CONFERENCES WITH DELLAGLORIA; RECEIVED AND REVIEWED PHASE II ESA. 1.00 Page. 3 Reference Number: 5350 06/20/01 REVIEWED PROPOSED CLOSING STATEMENT, DEED AND RELATED CLOSING DOCUMENTS REQUIRED BY CONTRACT; TELEPHONE CONFERENCES WITH DELLAGLORIA, GALLOP AND SELLER'S ATTORNEY; FAXED CLOSING STATEMENT AND CASH TO CLOSE AMOUNT TO GALLOP. 3.00 06/21/01 TELEPHONE CONFERENCES - ISSUANCE OF CASHIER'S CHECK; TELEPHONE CONFERENCES WITH ASSISTANT FINANCE MANAGER; MEETING AT SOUTH MIAMI TO PICK UP CHECK; ATTENDANCE AT CLOSING; LETTERS TO TENANTS - CHANGE OF OWNERSHIP; TELEPHONE CONFERENCE AND FOLLOW UP FAX TO SURVEYOR; PREPARED COPIES OF CLOSING DOCUMENTS AND LETTER TO DELLAGLORIA, GALLOP AND ORAVEC. 7.00 Total Hours and Fees: 34.20 COSTS ADVANCED Date Description 03116101 Disbursement to: NOW COURIER: TO ORAVEC, 3/2 04 /11 /01 Disbursement to: BOARD OF COUNTY COMMISSIONERS: COPY OF PLAT 06/21/01 METRO PARKING Total Costs: Matter Summary: Total Fees: Total Cost: Sub -Total Current Fees and Costs: Amount Due: Page: 4 Reference Number: 5350 $5,985.00 Cost Amount $9.20 $7.78 $10.00 $26.98 $5,985.00 $26.98 $6,011.98 $6,011.98 PAYMENT IS DUE ON OR BEFORE JULY 12, 2001. PLEASE INCLUDE THE BILL OR REFERENCE NUMBER ON YOUR REMITTANCE. THANK YOU. Kol Cn Q CD KV -+, CD O � D — C� • L' N � O 0— •, 0 CD C %, o o o � CD— Q o m a cc cn .n m m o Z 3 CD N x D CD o W CD 0 y . 0 0 0 wCL CD CD ro CD CD cn 0) cn rn C) CD cn rn N cn co m lb. 0 N -�► CA N -CC� O �CC -C. CD ro G G < Q N A W CEO ODD v N N CD > to CAD CD --I -I —I C CD C m m r N a -► ro CO Z o m w -� — o -� x a -► W o -� cn W AO � * � d O y N ? CD CL p O ial a il) CAD '� AO CD N (n CAD O N CAD O' P DJ CAD N C) O � cn W ro �' CD X CD CO co -+. N -O. 7c X D n O CD O X O ."". N O' CD 0 CD O O 0 CD CD n -" 0' O O a 00 n mO' CL 0 -" 0 -, 7c 3 CD a o ro rn o 3 w o �' m x o tn ca CL fV �_ ? 0 Q% N O 0 0 CD N N CO v= O. j 7 W ._%. Q Ql CL �. Q X= CD Cn = A O D CD < CD ro O C CL 0 p n y a 1 COj 'CD O' CD 0 C. . -, Da Cp w 0 rn CD CD N A O CD CD 0 CL CD CD 0 CD N =r O = CD N O 0 C7 CD .+ N O = O 0 < C1 0 r O V G) M iv C Cfl N N N N N N N Cn N Cpl ., CD O Cn 0 cn 0 --► 0 C>7 O al O cn O O O .�i < CD Cl 0 0 0 O O O CC O N C O O O O O O O O O O CD CD C� O N G) o. O V CA CNJI CJl O @ O O O O O O O O O D -� 3 0 o al N W N W N N N N c— G) CT N " -� O V O CA O V O Cn O i-. O ^ O 0 0 0 < O CD Cal •V O 0) O O O ..► O co O C) O 00 O CO O cn O CD O 0 0 0 I o O O C) o -- Kol Cn Q CD KV -+, CD O � D — C� • L' N � O 0— •, 0 CD C %, a uFU�.aon ' soon Sm6 South Miami Community Redevelopment Agency. °A Place to Live, Work and Play" INTER- OFFICE MEMORANDUM To: Honorable Chair Date: July 31, 2001 and SMCRA Board From: Gregory J..Oravec Subject: Meeting 8/06/01 —�— SMCRA Director Prof. Services Agreement Christopher J. Brown REQUEST A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH CHRISTOPHER J. BROWN FOR THE PREPARATION OF A ' FINDING OF NECESSITY STUDY FOR THE WESTERN PORTION OF THE SW 62x° AVENUE CaLtR'D r ;. ;Fc�.�. % :; 'v .,. 62vn AVENUE SOUTH TG -. Si.T`.SEq',`, DRIVE; AUTHORIZIT+iG THE EXECUTIVE DIRECTOR TO DISBURSE UP, TO $31500 FROM THE-, SPECIAL REDEVELOPMENT EXPERT TECHNICAL ASSISTANCE SERVICES LINE ITEM; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND 'AND ANALYSIS When the South Miami Community Redevelopment Area was created, the City, identified the boundaries of the district by utilizing the boundaries of Miami -Dade County's South Miami Target Area, which are the centerline of SW 62nd Avenue on the west, the centerline of Sunset Drive on the south, the centerline of Red Road on the'east, and a discontinuous boundary of SW 64`h and SW 62nd Streets on the north. This, however, had the unfortunate effect of leaving out an area in critical need of redevelopment, the western half of the SW 62nd Avenue corridor; from SW 64`h Street south to Sunset Drive: SW 62nd Avenue, or Paul Tevis Drive, is a critical entry to the City's-medical office district and Main Street (Sunset), and the portion of the corridor from SW 64`h Street south to- Sunset Drive is an important commercial corridor in its own, right. From SW 64`h Street south to SW 681h Street, the corridor allows light office and commercial, uses, but currently features a • dilapidated gas station, a blighted market and several vacant parcels.' The portion of the corridor from SW 681h Street south to Sunset Drive is primarily zoned TODD, but is currently occupied by ' ill- maintained single story buildings, a gas station and over an, acre of vacant property. Additionally, in its current state, the western portion of the SW 62nd Avenue corridor will impede the Agency's effort to improve its current western boundary. The proposed "Finding of Necessity" is supported by the property owners of the subject area, the City Planning Board and the CRA Advisory Board. On May 17, 2000, the Advisory Board directed staff to investigate the possibility of expanding the Redevelopment Area to include the western portion of the SW 62"d Avenue corridor, On September 26, 2000, the Planning Board recommended that "consideration be given to expanding the CRA boundaries to include the properties on the west side of SW 62 "d Avenue between Sunset Drive and SW 64th Street;" and on December 14, 2000, the SMCRA received a letter from a majority of the property owners in the subject area requesting to be incorporated into the Redevelopment Area. At its meeting of July 30, 2001, the Board voted 4 -0 to recommend approval of this item with the condition that the dilapidated wall from SW 62 "d Street south to SW 64th Street also be included as part of the study area. The proposed agreement with Christopher J. Brown would provide for the formal study of this matter by initiating a Finding of Necessity for the subject area in order to determine if it is an area of slum and blight pursuant ' to Florida Statutes. The proposed agreement provides. for payment of $3,500 and completion by December 6, 2001. The current balance of the Special Redevelopment Expert Technical Assistance Services Line Item is $16,025, and the remaining.balarce woi,Wbe $12,525. ,. RECOMMENDATION Your approval is recommended. RESOLUTION NO. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT . AGENCY APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH CHRISTOPHER J. BROWN FOR THE PREPARATION OF A FINDING OF NECESSITY STUDY FOR THE WESTERN PORTION OF THE SW 62ND AVENUE CORRIDOR, FROM SW 62ND AVENUE SOUTH TO SUNSET DRIVE;, AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE UP TO $3,500 FROM THE 'SPECIAL REDEVELOPMENT EXPERT TECHNICAL ASSISTANCE SERVICES LINE ITEM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City, of South Miami (City) has created a South Miami Community Redevelopment Agency ( SMCRA) and designated the South Miami Community Redevelopment Area pursuant to Chapter 163, Part III, Florida Statutes; and WHEREAS, the existing Redevelopment Area extends to the centerline of SW 62nd Avenue, from the western extension of the centerline of SW 62"d Street south to the centerline of Sunset Drive, at its western boundary; and WHEREAS, several of the properties directly outside of, but adjacent to, this boundary are in various states of disrepair, neglect and underdevelopment; and WHEREAS, the SMCRA desires to conduct a formal "Finding of Necessity" study for this area in order to determine if redevelopment, as defined by Chapter 163, Part III, Florida Statutes, is necessary to provide for the rebuilding, rehabilitation, conservation and redevelopment of this area. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. The Executive Director is .authorized to execute a Professional Services Agreement with Christopher J. Brown for a "Finding of Necessity" Study. Section 2: The Executive Director is authorized to disburse up to $3,500 for professional services. Section 3. This resolution shall take effect immediately at the time of its passage. PASSED AND ADOPTED this, day of , 2001. ATTEST: ;. APPRGVEP: CHAIR READ AND APPROVED AS TO FORM: -DEC -19-00 TUE 11 :13 December 14,'2000 COMMUNITY NEWS South Miami CRA Advisory Board Honorable Mayor.and City Commissioners City of South Miami 6130 Sunset Drive South Miami, FL 33143 FAX NO. 3056698160 P. 02 Re: Proposed amendment to the Community Redevelopment Plan (the "Plan ") to re- delineate the western boundary of the CRA to include properties located on the west side of S.W. 62"4 Avenue. Hon. Chairperson and Advisory Board Members & Hon. Mayor and City Commissioners: We, the property owners of land lying on the west side of S.W. 62nd Avenue, hereby request that consideration be given to incorporating our property into the Community Redevelopment Area for the following reasons: A morc uniform streetscape appearance to the S.W. 62 "d Avenue corridor. Encourage cooperative, uniform enhancement of commercial buildings and landscaping to give a more uniform streetscape appearance to the S.W. 62n4 Avenue corridor. Development of Vacant Property. Vacant property, per the Plan, "denotes non- productive use of land, which leads to blight and limits tax.revenue.to_the �:i ±u.'.. Even though most of the properties requesting inclusion have some form, off, iroven �t?:�r�: ti7an; "there are .still a number of % "nor, -: residential parcels that are available for future development. Age of Stnactures/Buildinq Deterioration. With the exception of a few, newly renovated buildings, the majority of buildings on the west side of S.W. 62nd Avenue are in varying stages of deterioration and obsolescence. As stated in the plan, . these factors contribute to "stagnant economic growth and "limits the tax revenues to the City." Inclusion of these properties in the CRA would stimulate redevelopment of the property to its "highest and best usew and would enhance the City's tax base. Boundary Split. We consider S.W. 62nd Avenue to be the gateway to the South Miami Business District. It would not seem prudent to have the east side rehabilitated while ignoring the west side. This would only serve to exaggerate the two extremes, thereby defeating the goals and. objectives of the CRA. Remember, ...'Redevelopment is contagious and should be contiguous!" High Crime Rates. Redevelopment of the west side of S.W. 62n4 would also serve to further deter neighborhood 'crime and illegal dumping. Properly lighted and well- maintained properties especially when located adjacent to residential neighborhoods - serve to buffer criminal mischief and vandalism. Given that amendments to. the Plan can only be made by the City Commission upon recommendation of the SMCRA Board, and that this type of change would probably be considered "substantive" by Miami -Dade County and require approval by the Board of County Commissioners, .. - J.V. �: ": •- •:':7.: .`�., ••+ _14b w: .:� T�i. E • • 7 \ .l f 4 +.. fir'•: : . we respectfully request that the SMCRA Board.-Initiati.the appropriate amen' ' ent:aetiorr to have . this boundary so modifed. t N ON - - I ?y "3- 5u:;�.• � � : .. ra .S :-. F�.^�w��`Z:Ly�.','���w- �'7+. n= i:. The re- delineatedboundary would incorporate into the CRA the following propel" olio numbers: Folio # Address Property 09-40- 25-012 -0330 Hardee Rd. Corporation -of FL 09-40- 25-012 -0350 Dorothy & Michael Spector 09-40- 25-012 -0370 Dorothy & Michael Spector 0940- 25-012 -0380. 6470 S.W. 62nd Ave. JSJM Corp. 0940- 25-012 -0390 JSJM Corp. 0940- 25-012 -0400 Alex T. Zakharia 09- 40-25- 012 -0410 Alex T. Zakharia 09- 40-25- 012 -0420 Alex T. Zakharia 09- 40-25- 012 -0430 Alex T. Zakharia 09- 40-25- 012 -0440 Alex T. Zakharia 0940 -25- 012 -0500 6600 S.W. 62nd Ave. Michael J. Childs 0940 - 25=012 -0480 S.W. 62n4 Ave. Consolidated Research Planning Corp. 0940 -25- 012 -0490 S.W. 62rdAve.r Consolidated Research Planning Corp. 09- 40.25- 012 - 0450 S.W. 62"4 Ave. Consolidated Research Planning Corp. 09- 40 -25- 012 -0460 6718 S.W. 62nd Ave. Michael Miller 0940- 25-012 -0470 6780 S.W. 62"d Ave. Consolidated Research Corp. 09-40- 25-022 -0170 09-40- 25-022 -0180 09-40 =25 -022 -0190 CC'=4C- 25- 02`'!J?3Q 09- 40=25- 022 -0260 09 -40 -25 =000 -0591 09- 40 -25- 000 -0650 09- 40-25- 000 -0651 09- 40- 25- 000 -0610 6800 S.W. 62"d Ave. 6820 S.W. 62nd Ave. 6842 S.W. 62n4 Ave. 6914 S:W. 62n4 Ave. 6201 S.W. 7041 St. 7000 S.W. 62"4 Ave. . 7150 & 7160 S.W. 62nd Ave. 7150 & 7160 S.W. 62`4 Ave. 6201 Sunset Dr. Harry R. McGinnis Hapan 56 Corp. Hapan 56 Corp. 6201 Corporation of Miami Capstone Capital Trust Inc. Virginia H. Elias Virginia H. Elias Chevron USA Inc. The attached signature page shall serve as our written request and Owner's consent for this action to•;proceed. Thank you for your consideration of our request. Sincerely, [See individual property owner signatures attached] t CC: Gregory J. Oravec, SMCRA Director Folio # Property Owner Signature 0940- 25-012 -0330 Hardee Rd. Corporation of FL 0940 -25- 012 -0350 Dorothy & Michael Spector - 09-40- 25-012 -0370 Dorothy & Michael Spector' 0940- 25-012 -0380 JSJM Corp. 09-40- 25-012 -0390 JSJM Corp. 09- 40-25- 012 -0400 Alex T. Zakharla 09- 40-25- 012 -0410 Alex T. Zakhada . 09-40- 25-012 -0420 Alex T. Zakhada 09-40- 25-012 -0430 Alex T. Zakharla 09- 40-25- 012 -0440 Alex T. Zakhada 0940 -25- 012 -0500 Michael J. Childs 0940 -25- 012 -0480 Consolidated Research Planning Corp. 0940 -25- 012 -0490 Consolidated Research Planning Corp. '] >C- 25-012 -0450 Consaildarc- = ^c:;earch Planning - Corp::. 09 -40-25 -012 -0460 Michael Miller 09 -40- 25-012 -0470 Consolidated Research Corp. 09-40- 25-022 -0170 Harry R. McGinnis 09-40- 25-022 -0180 Hapan 56 Corp. 09 -40-25 -022 -0190 Hapan 56 Corp. 0940- 25-022 -0230 Orchard Inc. 0940 -25 -022 -0260 0940 -25- 000 -0591 09- 40-25- 000 -0650 09- 40-25- 000 -0651 6201 Corporation of Miami" Capstone Capital Trust Inc. Virginia H. Elias Virginia H. Elias 09-40 -25- 000 -0610. Chevron USA Inc. II 1 09- 40-25- 012 -0400 09- 40-25- 012 -0410 09- 40-25- 012 -0420 0940 - 25-012 -0430 09- 40 -25- 012 -0440 09-40- 25-012 -0500 Alex T. Zakhara - Alex T. Zakhada Alex T. Zakharia Alex T. Zakharia Alex T. Zakhada Michael J. Childs 09- 40-25- 012 -0480 Consolidated Research Planning Corp. 09- 40- 25- 012 -0490 '::''. Consolidated Research Planning Corp. G9-3 �- i�12= U�+•,50 : ^ ,solidated;Research Planning Corp. . 09- 40-25- 012 -0460 Michael Miller .09-40-25-012-0470 Consolidated Research Corp. 0940- 25-022 -0170 Harry R. McGinnis 09 40-25- 022 -0180 Hapan 56 Corp. 09=40- 25-022 -0190 Hapan 56 Corp. r 09- 40- 25-022 -0230 Orchard Inc. 09-40- 25-022 -0260 6201 Corporatiori of Miami 09- 40- 25-000 -0591 Capstone Capital Trust Inc.' 09- 40- 25- 000 -0650 Virginia H.' Elias 09- 40- 25-000 -0651 Virginia H. Elias • •.. �.'t'i'r Yya••i.�' 1ed.'iK 4.A?Ci•MTi.:i. :•• . ::.. '•YVrwt�. •tR•r1nVJ:'J •.a...�,' .:rt -t: �i?hi = Folio # Property Owner Signature '' .rry.1:.. i..�4ti i.�' -a 1.cj•••t�r:.....••+4 ���••:.{•.v Ai +•Y�m•ib�. 1� }yak .' ♦ e -ice ' N�•+� � t. .%'. ._� "1•V+ �;'.- �y�y�Y�+sv» 09-40 - 25- 012 -0330 Hardee Rd. Corporation of FL ,.,,y.. 09-40 - 25- 012 -0350 Dorothy & Michael Spector :09-40-2-5-012-0370 Dorothy & Michael Spector 09-40 -25- 012 -0380 JSJM Corp. 09-40- 25-012 -0390 JSJM Corp. S E'rIj t 09- 40-25- 012 -0400 09- 40-25- 012 -0410 09- 40-25- 012 -0420 0940 - 25-012 -0430 09- 40 -25- 012 -0440 09-40- 25-012 -0500 Alex T. Zakhara - Alex T. Zakhada Alex T. Zakharia Alex T. Zakharia Alex T. Zakhada Michael J. Childs 09- 40-25- 012 -0480 Consolidated Research Planning Corp. 09- 40- 25- 012 -0490 '::''. Consolidated Research Planning Corp. G9-3 �- i�12= U�+•,50 : ^ ,solidated;Research Planning Corp. . 09- 40-25- 012 -0460 Michael Miller .09-40-25-012-0470 Consolidated Research Corp. 0940- 25-022 -0170 Harry R. McGinnis 09 40-25- 022 -0180 Hapan 56 Corp. 09=40- 25-022 -0190 Hapan 56 Corp. r 09- 40- 25-022 -0230 Orchard Inc. 09-40- 25-022 -0260 6201 Corporatiori of Miami 09- 40- 25-000 -0591 Capstone Capital Trust Inc.' 09- 40- 25- 000 -0650 Virginia H.' Elias 09- 40- 25-000 -0651 Virginia H. Elias 0940 - 25-000 -0610 Chevron USA Inc..,.:,-, Folio # Property Owner Signature Consolidated Research Planning Corp. 09-40- 25-012 -0330 Hardee Rd. Corporation of FL 09 -40-25 -01.2 -0350 Dorothy & Michael Spector 09-40- 25-012 -0370 Dorothy & Michael Spector - h / 4'7 09-40- 25-012 -0380 JSJM Corp. 09- 40-25- 012 -0390 JSJM Corp. jD 09-40 -25- 012 -0400 Alex T. Zakhada 09- 40-25- 012 -0410 Alex T. Zakhada 09-40- 25-012 -0420 Alex T. Zakharia 09- 40-25- 012 -0430 Alex T. Zakhada 09- 40-25- 012 -0440 Alex T. Zakhada 09- 40-25- 012 -0500 Michael J. Childs 09- 40 -25- 012 -0480 Consolidated Research Planning Corp. 09-40- 25-012 -0490 Consolidated Research Planning Corp. 09 -4n-�5 4?12- 0,45Q, Consolidated Research Planning Corp, 09- 40- 25-012 -0460 Michael Miller 09- 40-25- 012 -0470 Consolidated Research Corp. 09- 40- 25-022 -0170 Harry R. McGinnis 09-40- 25-022 -0180 Hapan 56 Corp. 09- 40-25- 022 -0190 Hapan 56 Corp. 09- 40-25- 022 -0230 Orchard Inc. 09 -40-25 -022 -0260 6201 Corporation of Miami 09- 40-25- 000 -0591 Capstone Capital Trust Inc. 09- 40-25- 000 -0650 Virginia H. Elias 09-40- 25-000 -0651 Virginia H. Elias 09- 40-25- 000 -0610 Chevron USA Inc. F1 l� to CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Chair and Members of Date; October 2, 2000 Community Redevelopment Agency From: David Morton, Chair Re: Boundaries of the CRA Planning Board The Planning Board at its September 26, 2000 meeting, recommended approval of an amendment to the City's Comprehensive Plan updating the Plan's information on the South Miami Community Redevelopment Area and designating the CRA as an Urban Infill and Redevelopment Area. During the discussion on the item the issue of expanding the boundaries of the CRA was discussed. At that time the Board adopted a motion (4 -1) . "that consideration be given to expanding the CRA boundaries to include the nronerties on the west side of SW 62 "d Ave between Sunset Dr_ and SW 64th St "_ you. F C. C- Scurr, S. Basu, =G: nravek ° %7!-, J • 08/03/2001 15:53 8957029 NOMIAMICITYATTY PAGE 02 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into and made this . day ofAugust, 2001, between the South Miami Community Redevelopment Agency (Agency) and Christopher J. Brown & Associates, with its place of business at 218 N.W. Ninth Street, Delray Beach, Florida 33444 (Consultant), (Parties). WITNESSETH: WHEREAS, the Agency desires to hire a firm to prepare all necessary studies to determine if the existing redevelopment area should be expanded to eliminate slum and blight as permitted under Chapter 163, Florida Statutes; and WHEREAS, the Consultant has expressed its capability and desire to perform the Services. NOW, THEREFORE, in consideration of the mutual terms and conditions, the Parties agree as follows: ARTICLE X y ....... SERVICES AND RESPONSIBILITIES ` 1.1' The Consultant agrees to perform the profe'ssio'nal consulting services necessary to: Prepare a slum and blight -study known as a Finding of Necessity for an area described in Exhibit A. ♦ Present the study to the Agency for its review and approval. ♦ Present the study to the City Commission for their review and approval. These services shall be deemed the "project." 1.2 The Consultant shall provide a preliminary evaluation of the Project, Project Schedule and Budget requirements. 1.3 The Consultant shall assist the Agency. in connection with the responsibility for filing documents required forthe approval ofgovernmental authorities having jurisdiction over the Project. 08/03/2001 15:53 8957029 NOMIAMICITYATTY PAGE 03 1.4 The Consultant shall furnish all services, labor; equipment, and materials necessary and as may be required in the performance of this Agreement and all services performed under this Agreement shall be done in a professional manner. 1.5 The Consultant represents, with full knowledge that the Agency is relying upon these representations when entering into this Agreement with the.Consultant, that the Consultant has the professional expertise, experience andmanpowerto perform the services as described in this Agreement. ARTICLE 2 ADDITIONAL SERVICES 2. Notwithstanding specified services, the Consultant will provide any and all other services normally falling within the scope of services, and any additional services shall be authorized in writing by the Agency. ARTICLE 3 TIMID FOR PERFORMANCE 3. Consultant shall perform the services within five (5) months from the issuance of the Notice to Proceed. M.i-nor „adjustn ents-to the timetable letion approved by the.Agenc y in , advance; -in writing ; -sr all' not constitute non - performance pursuant to this 'Agreement.' Additional services requested by the Agency, or changes in scope, will be reviewed and any impact on the schedule or budget determined and the schedule or budget modified accordingly. ARTICLE 4 DELA- IN E ORMANCE 4.1 The Agency shall be entitled to retain the sum of One Hundred Dollars ($100.00) per work day, or part thereof, that the work remains uncompleted beyond the timetable set forth above when such delay are caused by the failure of the Consultant to perform as agreed in this Agreement. It is recognized ' and agreed that damages in such event are difficult of ascertainment, though great and irreparable,' and that this agreement with respect to liquidated damages shall in no event disentitle the Agency to injunctive relief, and this sum is not construed as a penalty. 4.2 Anythingto the contrarynotwithstanding minor.adjustments to the timetable forcompletion approved by the Agency in advance, ,iii writing,. will not constitute a delay for which liquidated damages are due. Furthermore, a delay due to an Act of God, fire, lockout, strike -2- :08/03/2001 15:53 8957029 NOMIAMICITYATTY PAGE 04 or labor dispute, riot or civil commotion, act of public enemy or other cause beyond the control of the Consultant shall extend this Agreement for a period equal to such delay and during this period such delay shall not constitute a delay by the Consultant for which liquidated damages are due. ARTICLE 5 COMPENSATION AND ME'T'HOD OF PAYMENT 5.1 The Agency will pay the Consultant the sum'of Three Thousand five Hundred Dollars ($3,500.00) for the execution of the services described above. In addition, the Agency will reimburse the Consultant for expenses incurred in connection with the execution of the services including long distance telephone calls, documented by copies of invoices from telephone service providers, printing of draft and final copies of the Study, photographic duplication, automobile expenses, based upon thirty-two cents ($0.32) per mile, and other reasonable expenses incurred in the execution of the services, documented by copies of invoices for such expenses. The Consultant shall submit two invoices. Invoice No. One will be submitted after the completion of the study for an arhount of $3,000.00 plus expenses and Invoice No. Two -will be submitted after the completion of each hearing described above for an amount of $500.00 plus expenses. Each invoice will include: a description of the services rendered and a description. of reimb-arsablP,.expenses. »-x. ARTICLE 6 OWNERSHIP•OF DOCUMENTS 6.1 All' documents, plans and studies resulting from theprofessional services rendered under this Agreement shall be deemed the sole property of the Agency, and the Agency shall have al l rights incident to the sole ownership.. The Consultant agrees that all documents maintained and generated pursuant to this contractual relationship shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. 6.2 It is further understood that any information, writings, maps, contract documents, reports or any other matter which is given by Agency to Consultant pursuant to this Agreement shall at all times remain the property of the Agency shall be returned to the Agency, and shall not be used by the Consultant for any other purpose without the written consent of the Agency. -3- 08/03/2001 15:53 8957029 NOMIAMICITYATTY PAGE 05 ARTICLE 7 WARRANTIES, GUARANTEES AND ATTORNEY'S FEES 7.1 The Consultant'warrants that its services are to be performed within the limits prescribed by the Agency and with the usual thoroughness and competence of the profession. 7.2 The Consultant shall be responsible for technically deficient designs, reports or studies due to errors and omissions, for two years after the date of acceptance of the Services by the Agency. The Consultant shall, upon the request of the Agency, promptly correct or replace all deficient work due to errors or omissions without cost to Agency. Payment in full by the Agency for work performed does not constitute a waiver of this guarantee. 7.3 All services performed by the Consultant shall be to the satisfaction of the Agency. In cases of disagreement or ambiguity, the Agency shall decide all questions, difficulties and disputes ofwhatever nature that may arise under this Agreement or by reason of quality or amount of value. The Agency's decision on all claims or questions is final. ARTICLE 8 NOTICES 8. All notices or other communications which shall or maybe given pursuant to this Agreement shall be in writing and shat! be delivc- ^a.typerscaal scr,dce, or byregistered mail addressed . to the other party at the address Indicated or :.s inay bo changed from time to timer Such notice shall be deemed given on the day on which personally served,, or if by mail, on the date of actual receipt. To the Agency: South Miami Community Redevelopment Agency Attention: Greg Oravee 6130 Sunset Drive South Miami, FL 33143 To the Consultant: Christopher J. Brown &'Associates Attention: Christopher J. Brown 218 N.W. Ninth Street Delray Beach, FL 33444 -4- '08/03/2001 15:53 8957029 NOMIAMICITYATTY PAGE 06 ARTICLE 9 AUDIT RIGHTS 9. The Agency reserves the right to audit the. records of the Consultant. related to the project covered by this Agreement at auy time during the execution of the Services and for a period two years after final payment is made. ' ARTICLE 10 SUBCONTRACUN G 10. No Services shall be subcontracted, assigned, or transferred under this Agreement. ARTICLE 11 WARRANTY 11. The Consultant warrants that,it has not employed or retained any company or person, other than a bona fide employee,worldng solelyfor the Consultant, to solicit or secure this contract and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any £ee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach .o:, violatio:. 'of: ti1.;11 - :.•:::.ar;y, the Agency shall have the right to cancel .this contract without liability."" ARTICLE 13 TERMINATION-O TEkM1L';ATWN-OF AGRUMENT 12. Each party retains the right to terminate this Agreement without cause, at any time upon ten (10) days written notice prior to the-completion of•the services without penalty. ARTICLE 13 DEFAULT 13.1 An event of default shall mean a breach of•this Agreement by the Consultant. Without limiting the generality of the foregoing and ini addition to those instances referred to as a breach, an event of default shall include the following: a. Consultant has riot performed any service on a timely basis; b. Consultant has•refused or failed, except in case for which an extension of time is provided to supply enough properly skilled Staff Personnel; -5- 08/03/2001 15:53 8957029 NOMIAMICITYATTY PAGE 07 c. Consultant has failed to make prompt payment to subcontractors or suppliers for any services; d. Consultant has become solvent or has assigned the proceeds received for the benefit of creditors, or the Consultanthas taken advantage ofany insolvency statute or debtor /creditor law or if the Consultant affairs have been put in the hands of a receiver; e. Consultant has failed to obtain the approval of the Agency where required by this Agreement; f. Consultant has failed in the representation of any warranties; or g. Consultant has refused or failed, except in case for which an extension of time is provided, to provide the Services as defined in this Agreement. 13.2 In an Event of Default, the Consultant shall be liable for all damages resulting from the default, including but not limited to: a. Lost funding, and b. °-.� indifference between the cost zssooiatr 3w tit procum' ig services and the amount actually expendedbytheAgency, includingprocu ement and administrative costs. 13.3 The Agency may take advantage of each and every remedy specifically existing at law or in equity in the event of a default. Each and every remedy shall be in addition to every other remedy specifically given or otherwise existing:and may be exercised from time to time and as often and in such order as may be deemed expedient by the Agency. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The Agency's rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the Agency in law or in equity. ARTICLE 14 INDEMNIFICATION 14. The Consultant shall, to the fullest extent permitted bylaw, indemnify and hold harmless the Agency, its officers, employees and agents from and against any and all claims, costs, losses and damages (including but . not limited to all fees and charges of attorneys and other professionals and all arbitration or other dispute resolution costs) caused by the acts or M•11 08/03/2001 15:53 8957029 NOMIAMICITYATTY PAGE 08 omissions of the Consultant, it's officers, directors, partners, employees, and agents in the performance and furnishing of Services under this Agreement. ARTICLE 15 INSURANCE 15.1 Throughout the term of this Agreement, the Consultant shall maintain in force at its own expense, insurance as follows: 15.1.1 Workers' Compensation: Workers' Compensation Insurance with statutory limits, including coverage for Employer's Liability. 15.1.2 General Liability: Commercial General Liability, with limits not less than $1,000,000 each occurrence combined single limit for Bodily Injury and Property damage including coverage for contractual liability, personal injury, broad form property damage, products•and completed operations. The Agency shall be named an additional insured. 15.1.3 Automobile Liability: Comprehensive or Business Automobile Liabilitylnsurannce with not less than $500,000 each occurrence combined single limit for Bodily Injury and .Property Damage including coverage„ for owned, hire and non -owned as applicable. The Consultant sh,.11 take out and maintain this insurance coverage against claims for .damages resulting from bodily injury, including wrongful death and property damage which may arise from the operations of any owned, hired or non -owned automobiles and/or equipment used in any capacity in connection with. the carrying out of this Agreement. The Agency shall be named as an additional-insured. 15.1.4 Professional Liability: The Consultant, its officers, employees and agents will provide the Agency a Certificate of Insurance evidencing professional liability insurance with limits not less than $1,000,000 aggregate with respect to acts, errors or omissions in connection with professional services to be provided under this Agreement and any deductible; is not to exceed $10,000 for each claim. Consultant is financially responsible for the deductible amount. 15.1.5 Consultant shall maintain professional liability insurance during the term of this Agreement and for a period of three (3) years for the date of completion of the project. In the event that Consultant goes out of business during the term of this Agreement or the three (3) yearperiod "described above, Consultant shall purchase Extended Reporting Coverage for claims arising out of Consultant's negligent acts during the terns of the Professional Liability Policy. -7- '08/03/2001 15:53 8957029 NOMIAMICITYATTY PAGE 09 15.2 Insurance Company and ,Agent: All insurance policies required of the Consultant shall be written by a company with a Best's rating of B ± or better and duly authorized and licensed to do business in the State of Florida and be executed by duly licensed agents upon whom service of process maybe made-in Miami-Dade County, Florida. The Agency reserves the right to request a copy of the required policies for review. The Agency may accept coverage with carriers having lowerB est's ratings upon review of financial information concerning the Consultant and the insurance carrier. ARTICLE 1;6 CODES, ORDINANCES, AND LAW 16. The Consultant shall abide and be governed by.all applicable local, state and federal codes, ordinances, and laws regarding the Consultant's Services on each Project. ARTICLE 17 ENTIRETY OF AGREEMENT 17. This Agreement and its attachments constitute the sole and onlyAgreement of the parties and sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements,.. promises, negotiations, ',6r - representations not expressly set forth in this A, =K urnent-_are of no force or effect: W:1 ARTICLE 8 NON -E CLUSIVE AGREEMENT The professional services to be providedbythe Consultant pursuant to this Agreement shall' be non - exclusive, and nothing shall preclude the Agency from engaging other firms to perform such professional-.services. ARTICLE 19 GOVERNING LAW; VENUE This Agreement shall be construed and enforced according to the laws of the State ofFlorida. Venue for any action or claim 'shall be in Miami -bade County, Florida. '08/03/2001 15:53 8957029 NOMIAMICITYATTY PAGE 10 ARTICLE 20 INDEPENDENT C-ONTI2.A.MOR 20. Consultant and its employees and agents shall be deemed to be independent contractors, and not Agency agents or employees. The Consultant shall not be deemed entitled to the Florida Workers' Compensation benefits as an Agency employee, ARTICLE 21 NONDIkP,D9NATION 21. Consultant agrees that it shall not discriminate as to race, sex, color, creed, national origin, sexual orientation or disability, in connection with its performance under this Agreement. ARTICLE 22 AMENDMENTS 22. No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. ARTICLE 23 CONDU T/CONFLICT OF INTEREST 23. Consultant covenants that no person under its employwho presently exercises any functions or responsibilities on behalf of the Agency in connection with this Agreement has any personal financial interest, direct, or indirect; with contractors or vendors providing professional services on projects assigned to the Consultant, except as fully disclosed and approved by the City. Consultant further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interest on the part of Consultant or its employees must be disclosed in writing to the Agency. ARTICLE 24 OTHER PROVISIONS 24.1 Title and paragraph headings are for convenient reference and are not a part of. this Agreement. 24.2 fn the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached document, the terms in this Agreement shall prevail -9- 08/03/2001 15:53 8957029 NOMIAMICITYATTY PAGE 11 24.3 No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same of any otherprovision, and no waiver shall be effective unless made in writing. I I , 24.4 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida by a court of competent jurisdiction, such provision, paragraph, sentence, word or phrase shall be deemed modified in order to conform with Florida law. If not modifiable to conform with such law, then it shall be deemed severable, and in either event, the remaining teams and provisions of this A.greement.shall remain unmodified and in full force an effect. ARTICLE 25 LIMITA.TI[4N OF LIABILITY 25. The Agency desires to enter into this Agreement only if in so doing the Agency can place a limit on the Agency's liability for any cause of action arising out of the Agreement, so that its liabilitynever exceeds the agreed sum of $3,500.00. Consultant expresses its willingness to enter into this Agreement with Consultwit's• recovery from the Agency for any action or claim arising from this Agreement to be limited to $3,500.00. Accordingly, and notwithstanding any other term•orcondition ofthis Agreement, Consultant agrees that rne.Agency shall not be liable to Consultant for darlagas in an exce s of $3,500.00, for any action or claim of the Consultant or any third party arising out of this Agreement. Nothing contained- in this paragraph or elsewhere in this Agreement is any way intended to be a waiver of the limitation placed upon Agency's liability as set forth in Chapter 786, Florida Statutes. Additionally, the Agency does not waive sovereign immunity, and no claim or award against the Agency shall include attorney's fees, investigate costs or pre -judgment interest. [Yhe remainder of this page is intentionally left blank] -10- 08/03/2001 15:53 8957029 NOMIAMICITYATTY PAGE 12 JN WITNESS WHEREOF, this Agreement is effective as of the date above. CONSULTANT: SOUTH MIAMI COMMUNITY CHRISTOPHER J. BROWN & ASSOCIATES REDEVELOPMENT AGENCY BY: BY: Christopher J. Brown,' Greg Oravec President Director ATTEST: Secretary APPROVED AS TO FORM: General Counsel..::. Date: -11- 3001 MMUMCIT • SMCRA South Miami Community Redevelopment Agency A Place to Live, Work and Play" INTER-OFFICE MEMORANDUM To: Honorable Chair Date: July 31, 2001 and SMCRA Board From: 'Gregory J: Oravec Subject: Meeting 8/06/01 —L_ SMCRA Director Landscaping the Redevelopment Area Program REQUEST A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING THE "LANDSCAPING THE REDEVELOPMENT AREA PROGRAM;" AUTHORIZING THE EXPENDITURE OF UP TO 515,000 FOR THE IMPLEMENTATION OF THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS While several homes in the Redevelopment Area require substantial rehabilitation, others could be greatly benefited by relatively minor and inexpensive changes such' as landscaping. This condition is exemplified by the homes constructed by Habitat for Humanity (Habitat Homes). There are twenty -five Habitat Homes in the Redevelopment Area. All are quality, products built up to strict municipal and county codes; however, to make these homes affordable, Habitat for Humanity minimizes architectural and construction costs by utilizing variations of a simple design for all homes. As a result, architectural treatments and landscaping are often greatly reduced and the homes are similar in appearance. Although this does not affect the structural integrity of the homes, the plain aesthetic appearance does not fully reflect the buildings' substantial positive impact upon the street and character of the neighborhood. The Board has requested staff to create a program which would enhance the appearance of such structurally sound and well- maintained single . family homes through improved landscape architecture. In response to this request, staff has created' the Landscaping the Redevelopment Area Program (LRAP). The LRAP, which is more fully described in Exhibit "1," will provide each of the twenty-five homeowners with a landscape plan, up to $500 in landscape materials and assistance with installation. As a condition of participation, each of the homeowners has certified in writing that s /he is the owner and occupant of the property, will attend' a meeting with City staff to review and provide input on the landscape plan, and will help to install the landscaping at a weekend event. The $15,000 budget for the program will be drawn from the Single Family Rehabilitation and Contingency Line Items of the Adopted FY 00 -01 Budget. The available balances are, $19,000 and $20,000 respectively and the resulting balances would be $9,000 and '$15,000 respectively. The SMCRA Advisory Board expressed its support of this project at its meeting of July 30, 2001. RECOMMENDATION Your approval is recommended. RESOLUTION NO. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT - AGENCY APPROVING THE "LANDSCAPING THE REDEVELOPMENT AREA PROGRAM;" AUTHORIZING THE EXPENDITURE. OF UP TO $15,000 FOR THE IMPLEMENTATION OF THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami- (City) has created a South Miami Community Redevelopment Agency ( SMCRA) pursuant to Chapter 163, Part III, Florida Statutes; and WHEREAS, the SMCRA has adopted a Community Redevelopment Plan which contains over thirty -six programs and projects to effect redevelopment and revitalization in the South Miami Community Redevelopment Area; and WHEREAS, the Community Redevelopment Plan specifically authorizes residential rehabilitation and landscaping programs; and WHEREAS, the SMCRA desires to rehabilitate and improve the appearance of certain homes through improved landscape architecture. NOW, THEREFORE, BE IT RESOLVED" BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. The Landscaping the Redevelopment Area Program (LRAP) is hereby approved in substantially the form attached as Exhibit "I". Section 2. The Executive Director is authorized to disburse up to $15,000, $10,000 from the Single Family Rehabilitation Line Item of the adopted FY 00 -01 Budget and $5,000 from the Contingency Line Item of the adopted FY 00 -01 Budget, to implement the LRAP. Section 3. This resolution shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 200L ATTEST: APPROVED: SECRETARY CHAIR READ AND APPROVED AS TO FORM: COUNSEL �,,andscatpin the. Redevelo' n e pme...Ara OVERVIEW The South Miami Community Redevelopment Agency (SMCRA) is committed to achieving comprehensive neighborhood revitalization in the South Miami Community Redevelopment Area through the implementation and encouragement of projects and programs which foster positive economic, physical and social development. A cornerstone program in this commitment is the SMCRA's Residential Reinvestment Program, which encourages the creation of new, high - quality single family homes while also promoting the rehabilitation and enhancement of existing single family homes. The Landscaping the Redevelopment Area Program (LRAP) is part of the SMCRA's effort to enhance the existing single family housing stock. While several homes in the Redevelopment Area require substantial rehabilitation, others can be greatly benefited by relatively minor. and inexpensive changes such as painting and landscaping. This is exemplified by the homes constructed by Habitat for Humanity (Habitat Homes). There are twenty -five Habitat Homes, in the Redevelopment Area. All are: quality products ~built.up to . stricc munic.> >a+ r.�d_ cou;uy_ °_:co8es"�'nowever, to make these homes . affordahle,::;Iizbitat.: ;for: ; Humanity minimizes -architectural and construction costs by utilizing variations of a simple design' for all homes. As a result, architectural treatments and landscaping are often greatly reduced and the homes are similar in appearance. Although this does not affect the structural integrity of the homes, the plain aesthetic appearance does not fully reflect the buildings' substantial positive impact upon the street and character of the neighborhood. PURPOSE The Landscaping the Redevelopment Area Program is designed to enhance the appearance of structurally sound and well- maintained single family homes through improved, landscape architecture. PROGRAM Phase I of the Landscaping the Redevelopment Area Program will take place during the Summer. of 2001. It will begin with the identification of twenty -five well - maintained homes within the Redevelopment Area that can be greatly enhanced by new or additional landscaping. Once the properties are identified, each of the owners will be notified by a letter of invitation, which will outline the general program and the requirements for participation. In order to qualify for participation in the LRAP: • each home must be owner occupied, • the owners must attend a meeting to discuss the landscaping plans created for their homes, • the owners must also commit to assisting in the physical labor necessary to complete the improvements. A design team consisting of Parks &.Recreation and SMCRA staff members will then perform a site visit for each participating home. The site visit will allow the team to prepare, a landscape plan and to approve an allocation of up to $500 in landscaping materials for each home. The families participating in the program will have the opportunity to review and discuss their projected landscaping plans at an evening workshop coordinated by the Parks & Recreation and SMCRA staff. The families will also be able to discuss the option of matching the up to $500 contribution with their own investment. Property. owner investment would result in the following significant benefits: • the project would increase in scope, • the project would have a greater potential for positive impact, • homeowners would realize savings from the economy of scale of the project through the purchase of landscaping materials at lower prices. The project will.be completed over the course of a weekend, in which the homeowners, City and SMCRA staff and community volunteeni. will-:work together. to landscape the participating.;,;:,. homes. BUDGET. A total budget of $15,000 drawn from the Single Family Rehab and ,Contingency Line Items of the Adopted FY 00 -01 Budget shall be utilized to complete the program, as outlined below: Dollar Purpose Amount SMCRA grants of $500 per home for the $12,500 urchase of landscaping materials $2,500 Contingency AUTHORIZATION The SMCRA is committed to creating and encouraging programs that will foster positive economic, physical and social development within the Redevelopment Area. The Landscaping the Redevelopment Area Program will not only create more attractive and valuable homes for the twenty -five participants, it will contribute to the overall beauty of the South Miami community. Provisions for the LRAP are outlined in the South Miami Community Redevelopment Plan. The program is authorized pursuant to the Section 7II(A) Residential Rehabilitation provision (p.34) and to the Section'71II(B) Landscaping/Streetscaping Program (p.36) of the plan. I_a'anvl, axpi a,d :eye. g- Amea. Summer 2001 Twenty-five well- maintained homes in the Redevelopment Area that could be greatly enhanced by new or additional landscaping will be identified as ideal program participants. The owners of each of the identified properties shall be notified by a letter, which will extend an invitation for participation in the program, provide a general overview of the Landscaping the Redevelopment Area Program and set forth the requirements for participation. The homes that- qualify for participation in the program will be identified so that a design team composed of Parks &Recreation and SMCRA staff may perform a site visit to prepare a landscape plan for each participating home. Participating families will attend an evening meeting coordinated by Parks & Recreation and SMCRA staff to review and discuss the individual landscape plans. The families will also have the opportunity to discuss matching the CRA's contribution of up to $500.for the purchase of additional landscaping materials. On an appointed weekend, the homeowners, City and SMCRA staff and . community volunteers will work together to landscape the participating homes. I , � 7.t SMCRA soot South Miami Community Redevelopment Agency "A Place to Live, Work and Play" INTER- OFFICE MEMORANDUM To: Honorable Chair Date: July 31, 2001 and SMCRA Board From: Gregory J. Oravec Subject: Meeting 8/06/01 f SMCR,4 Director Operation Facelift - ` REQUEST A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING "OPERATION FACELIFT;" AUTHORIZING THE EXPENDITURE OF UP TO $20,000 FOR THE IMPLEMENTATION OF THE. PROGRAM; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS Several homes in the Redevelopment Area appear dilapidated due to the poor condition of the exterior paint. These homes depreciate surrounding property values, detract from the quality of life and contribute to the perception of slum and blight.' Additionally, exterior paint is a home's first line of defense against weather and insects: Poor exterior paint is not only unsightly, it can lead to greater deterioration of the structure. Staff proposes to directly ' address this problem through the implementation of "Operation Facelift." Operation Facelift, which is more fully detailed in Exhibit "1," would provide for the high quality painting of approximately fifteen qualifying single family homes. To qualify, a home has to be identified by the SMCRA Code Enforcement Officer as depreciating surrounding property values due to the poor condition of exterior paint and the homeowner must evidence that s/he is the resident of the property, of low to moderate income, and holding the SMCRA harmless of any liability associated with the project. The $20,000 budget for the program would be drawn from the Code Violation Assistance and Contingency Line Items of the Adopted FY 00 -01 Budget. The available balances are $10,000 and $15,000 respectively and the resulting balances would be $0 and $5,000 respectively. SMCRA staff will work with local. hardware and paint dealers to get as many in -kind contributions as possible. This may allow additional homes to be painted. The SMCRA Advisory Board expressed its support of this project at its meeting of July 30, 2001. RECOMMENDATION Your approval is recommended. RESOLUTION NO. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT .AGENCY APPROVING "OPERATION FACELIFT;" AUTHORIZING THE EXPENDITURE OF UP TO $209000 FOR THE IMPLEMENTATION OF THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami (City) has created a South Miami Community Redevelopment Agency ( SMCRA) pursuant to Chapter 163, Part III, Florida Statutes; and WHEREAS, the SMCRA has adopted a Community Redevelopment Plan which contains over thirty -six programs and projects to effect redevelopment and revitalization in the South Miami Community Redevelopment Area; and "'ivREREAS, the Community Redevelopment :!P-Iaii',ispecifically:, authorizes;,. residential rehabilitation and paint -up /fix -up programs; and WHEREAS, the SMCRA desires to rehabilitate and improve the appearance of certain homes contributing to the perception of slum and blight in the Redevelopment Area. NOW, THEREFORE, BE IT, RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. Operation Facelift is hereby approved in substantially the form attached as Exhibit "1 ". Section 2. The Executive Director is authorized to disburse up to $20,000, $10,000 from the . Code Violation Assistance Line Item of the adopted FY 00 -01 Budget and $10,000 from the Contingency Line Item of the adopted FY 00 -01 Budget, to implement Operation Facelift. Section 3. This resolution shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 2001. ATTEST: APPROVED: SECRETARY CHAIR READ AND APPROVED AS TO FORM: COUNSEL OVERVIEW f? The South Miami Community Redevelopment Agency ( SMCRA) is committed to achieving comprehensive neighborhood revitalization in the South Miami Community Redevelopment Area through the implementation and encouragement of projects and programs which foster positive economic, physical and social development. A cornerstone program in this commitment is the SMCRA's Residential Reinvestment Program, which encourages the creation of new, high- quality single family homes while also promoting the rehabilitation and enhancement of existing single family homes. Operation Facelift is part of the SMCRA's effort to enhance the existing single family housing stock. Several homes in the Redevelopment Area appear dilapidated due to the poor condition of the exterior paint. These homes depreciate surrounding property values, detract from the -quality of life and contribute to the perception of slum ancthlight. Additionally, exterior paint is:.a home's first line of defense a; ainst-weather�aod insccts ;Poor exterior paint is-not only'unsighdy ;' it can- lead to greater deterioration of the structure. PURPOSE Operation Facelift is designed to provide for the high quality painting of the single family homes which are depreciating surrounding property values due to deficient exterior paint. PROGRAM Phase I of Operation Facelift will take place ' during the Fall of 2001. It will begin with the SMCRA Code Enforcement Officer and SMCRA staff touring the Redevelopment Area to identify homes which are depreciating surrounding property values due to the poor condition of exterior paint. The homes will be ranked based on the severity of deterioration. The homeowners will then be interviewed in order to determine that each homeowner is: • the resident of the property; • low to moderate income;. and • releasing the SMCRA from any liability relating to the project. Fifteen qualified homes will be selected, and homeowners will select a trim and base color from a provided color palette.l A SMCRA paint contractor will pressure clean, seal and paint the selected homes. BUDGET A total budget of $20,000 drawn from the Code Violation Assistance and Contingency Line Items of the Adopted FY 00 -01 Budget shall be utilized to complete the program, as outlined below: Dollar Amount Purpose $18,750 Approximately $1,250/home $1,250 Contingency AUTHORIZATION The SMCRA is committed to creating and encouraging programs that will foster positive economic, physical and social development within the Redevelopment Area. Operation Facelift will directly improve the exterior appearance of approximately fifteen homes which currently contribute to the perception of 'slum and blight within the South Miami Community Redevelopment Area. Provisions for Operation Facelift are - outlined in Florida Statutes and the South Miami .Community Redevelopment Plan. It is sp:cifically authorized pursuaato Section 7III(C) of the Plan, entitled Paint- Up/Fix -Up (p.36). ' The actual number of qualified homes painted may increase or decrease based upon cost. V, 10 1 in Phase I —Fall 2001 The SMCRA Code Enforcement. Officer and SMCRA staff shall tour the Redevelopment Area to identify homes which are depreciating surrounding property values due to the poor condition of exterior paint. The identified homes will be ranked based on the severity of deterioration. The homeowners will be interviewed in order to determine that each homeowner is: • the resident of the property; • low to moderate income; and • releasing the SMCRA from any liability relating to the project. Approximately fifteen qualified homes will be selected, and homeowners will select a trim and base color from a provided color palette. A SMCRA paint contractor will pressure clean, patch and paint the fifteen homes. To: Honorable Chair and SMCRA Board From: Gregory J. Oravec SMCR,4 Director REQUEST °t SMCRAi. , zoo, South Miami Community Redevelopment Agency A Place to Live, Work and Play" INTER- OFFICE MEMORANDUM Date: July 31, 2001 Subject: Meeting 8/06/01--a— Commercial Building Rehab Princeton Preschool A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING A COMMERCIAL REHABILITATION GRANT OF UP TO $129500 FOR PRINCETON PRESCHOOL 'AND 'CHILD CARE CENTER INCORPORATED; AUTHORIZING THE EXECUTION OF A COMMERCIAL REHABILITATION GRANT AGREEMENT AND RELATED DOCUMENTS; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE THE AWARD FROM THE COMMERCIAL BUILDING . REHABILITATION LINE ITEM OF THE ADOPTED FY 00 -01 BUDGET; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS Princeton Preschool and Child Care Center Inc. operates a preschool and tutoring facility within the Redevelopment Area at 5928, SW 68`. Street, as further described in the attachments. The business has operated for over six years and has built up a large clientele. To better accommodate its clientele and expan& its business base, the company has decided to expand the facility and. add new playground equipment. On May 24, 2001, Mr. Worrell C. Troup, President of Princeton Preschool, submitted a request for assistance with the expansion and renovation of the subject site. With the letter, he submitted documentation demonstrating that the addition would cost $25,000. The South Miami Community Redevelopment Plan encourages the Agency to use tax increment financing dollars to leverage private investment, and it specifically authorizes the use of funds for renovation, rehabilitation and business incentive loans. The FY 00 -01 ,Budget includes $75,000 for Commercial Building Rehabilitation. At the,Advisory Board Meeting of May 28, 2001, the Advisory Board directed staff to negotiate an agreement with Princeton Preschool which would provide for a $12,500 forgivable loan. Attached, please find a draft agreement, mortgage and promissory note (the "Documents "). The documents provide for the Agency to make a $12,500 loan to Princeton Preschool and Child Care Center, Inc., which will be partially forgiven in the amount of $2,500 each year over a five- year period. If the property is sold or transferred within five years of the execution of the documents, the amount not forgiven and 4% simple interest on that amount will be due immediately. The current balance of the Commercial Building Rehabilitation Line Item is $72,500. The remaining balance would be $60,000. On July 30, 2001, the Advisory Board voted 4 -0 to recommend approval of this item. RECOMMENDATION Your approval is recommended. '1 RESOLUTION NO. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING A COMMERCIAL REHABILITATION GRANT OF UP TO $129500 FOR PRINCETON PRESCHOOL AND CHILD CARE -CENTER INCORPORATED; 'AUTHORIZING THE EXECUTION OF A COMMERCIAL REHABILITATION GRANT AGREEMENT AND RELATED DOCUMENTS; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE THE AWARD FROM THE COMMERCIAL BUILDING REHABILITATION LINE ITEM OF THE ADOPTED FY 00 -01 BUDGET; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami (City) has created a South Miami Community Redevelopment Agency ( SMCRA) pursuant to Chapter 163, Part III, Florida Statutes; and WHEREAS, the SMCRA has adopted a Community Redevelopment . Plan which contains over thirty-six programs and projects to effect redevelopment and revitalization in the South Miami Community Redevelopment Area; and WHEREAS, the Community Redevelopment Plan specifically authorizes commercial rehabilitation, fagade improvements and business incentive loans; and WHEREAS, the SMCRA desires to support the renovation, rehabilitation and growth of businesses in the Redevelopment Area. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. The, Executive Director is authorized to execute a Commercial Rehabilitation Agreement with Princeton Preschool and Childcare Center, Inc. and any related documents, in substantially the form attached.as Exhibit "1," for the rehabilitation and expansion of the building located at 5928 SW 68" Street. Section 2. The Executive Director is authorized to disburse up to $12,500 from the Commercial Rehabilitation Line Item of the adopted FY 00 -01 Budget. Section 3. This resolution shall take effect immediately, at the time of its passage. PASSED AND ADOPTED this day of , 2001.. ATTEST: APPROVED: SECRETARY CHAIR READ AND APPROVED AS TO FORM: COUNSEL DRAFT - 6/13/01 SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL BUILDING REHABILITATION FUNDING AGREEMENT THIS FORGIVABLE LOAN FUNDING AGREEMENT is entered into this day of 2001 between the South Miami Community. Redevelopment Agency (Agency) and the Princeton Preschool and Child Care Center, Inc. (Grantee), (Parties). WITNESSETH: . WHEREAS, the South Miami Community Redevelopment Agency Advisory Board has recommended funding of $12,500 to the Princeton Preschool and Child Carb Center, Inc. for expansion and improvements; and WHEREAS, the Agency accepts this recommendation and wishes to provide funds for this improvement in the South Miami Redevelopment Area. NOW, THEREFORE, the Parties agree as follows: j, SC OPF. OF PROJF.C'.T The Grantee agrees to make improvements to the sch000l lot in accordance with the program description on Attachment A. II. RI MCTF.T Si TMMARY The, Grantee agrees that all proposed expenditures or costs shall be provided to the Agency in a Budget Summary, which shall be received no later than thirty (30) days following execution of this Agreement, and which shall be subject to approval by the Agency. :u The Agreement shall be effective upon execution, and shall continue up to .and including Any funds not expended by the Grantee by shall be returned to the Agency. IV. AMOT INT PAYABLE, Subject to available. funds, the maximum grant amount payable under this Agreement shall not exceed $12,500. The Parties agree that should grant funding not be available." the amount payable under this Agreement shall be reduced by the Agency. The Grantee waives any and all claims against the Agency for any reduction or for the unavailability of funding. The Grantee will not look to nor seek to hold liable the Agency, its officers, employees or agents for the performance of this Agreement and shall release the Agency from liability under this Agreement. i► � ►�1► �7sr1Y[� ► C :: The Grantee shall indemnify and hold harmless the Agency and its officers, employees, agents, and instrumentalities from any and all liability, losses or damages,: including attorney's fees and costs, which the Agency, its officers, employees, agents or instrumentalities may suffer as a result of. claims, demands, suits, causes of actions or proceeding of any kind or nature arise out of, relating to or resulting from the performance of this Agreement by the Grantee or its employees, agents, servants, partners, principals or 2 subcontractors. The Grantee shall pay all claims and losses and shall investigate and defend all claims, suits or actions ' of any kind or nature in the name of the Agency, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue. The Grantee expressly understands and agrees that any insurance required by this Agreement or otherwise provided by the Grantee shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Agency, its officers, employees, agents and instrumentalities. Nothing contained in this Agreement shall be construed to affect the Agency's liability as provided in Chapter 768, Florida Statutes. Additionally, the Agency does not waive sovereign immunity, and no claim or award against the Agency shall include attorney's fees, investigative costs or pre judgment, interest. V1. NOTTCR9 It is understood and agreed between the .parties that written notice addressed to the City and to the Grantee, mailed or delivered to the following addresses shall constitute sufficient notice to either party: To the Agency: Executive Director, SMCRA 6130 Sunset Drive South Miami, FL 33161 To the Grantee: Worrell C. Troup 5928 S.W. 68`" Street Miami, FL 33143 FIN KIL1961 ON I , VA-11 e Both parties agree that this Agreement recognizes the autonomy of and does not 3 imply any. affiliation between the contracting parties. It is expressly understood and intended that the Grantee is only a recipient of funding support and is not an agent or instrumentality of the Agency. Furthermore, the Grantee's agents and employees are not agents or employees of the Agency. VAj*kN=1,J;jLVAj Moll A. Breach. A breach by the Grantee shall include but not limited to the following: (1) the Grantee fails to provide the services outlined in the program description (Attachment A); (2) the Grantee ineffectively or. improperly uses the Agency funds allocated under this Agreement; (3) the Grantee does not receive all permits required by law; (4) the Grantee fails to submit or submits incorrect or incomplete proof of expenditures to support disbursement requests or fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; (5) the Grantee does not submit or submits incomplete or incorrect, required reports; (6) the Grantee refuses to allow the Agency access to records or refuses to allow the Agency to monitor, evaluate and review the Grantee's improvement program; (7) the Grantee discriminates under any Federal, State or local law; (8) the Grantee attempts to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement; (9) the Grantee fails to correct deficiencies found during any final inspections or certificates of completion required by the Agency or the City. Waiver or breach of any provisions of this contract shall not be deemed to be a .waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. B. Agenc3i Remedies. If the Grantee breaches this Agreement, the Agency may pursue any or all of the following remedies: 4 The Agency may terminate this Agreement by giving written notice to the Grantee of such termination and by specifying the termination date at least five (5) days before the effective date of termination. In the event of termination, the Agency may: (a) seek reimbursement of Agency funds allocated to the Grantee under this Agreement; or (b) terminate or cancel any other contracts entered into between the Agency and the Grantee.. The Grantee shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees. :u I OMEN I tOWN.-YA : '•: In addition to the Agency's rights addressed above, the parties agree that this Agreement may be terminated by either party without cause by written notice to the other party of such intent to terminate at least fifteen (15) days prior to the effective date of such termination. Upon termination by either the Grantee or the Agency, the Grantee shall not be entitled to any further funding. RONNE-2-11MOLM I CID I a U111119101 The Agency I agrees to pay the Grantee for improvements rendered under this Agreement based on the Agency's approved budget summary and payment schedule. Payment shall be,made in accordance with procedures outlined below. A. $eauest for Payment, Payment Requests are to be presented to the Agency by the Grantee at monthly intervals. Each payment request is to be accompanied by: (a) a detailed expenditure report; and (b) proof of expenditures. The Agency shall accept originals of invoices, receipts and other evidence of indebtedness as proof of expenditure. 5 A. Accounting Records. The Grantee shall keep accounting records which conform with generally accepted accounting principles. All such records will be retained by the Grantee for not less than three (3) years beyond the. term of this Agreement. B. Financial A ndi . If the Grantee has an annual certified public accountant's . opinion and related financial statements, the Grantee agrees to provide these documents to the Agency no later than ninety (90) calendar days following the end of the Grantee's fiscal year, for each year during which this Agreement remains in force or until all funds, earned from this Agreement have been so audited, whichever is later. ►I ► • A. Publicity. It is understood and agreed between the parties that this Grantee is receiving funds by the Agency. - Further, by the acceptance of these funds, the Grantee agrees that events funded by this Agreement shall recognize the Agency as a funding source. The Grantee shall ensure that all publicity, public relations, advertisements and signs recognize the Agency for the support of all contracted activities. . B. Agreement Guidelines. The Grantee agrees to comply with all applicable federal, state, county and city laws, rules and regulations. This Agreement shall be governed by the laws of the State of Florida, and venue shall be Miami -Dade County, Florida. C. Madifications. Any . alterations, variations, modifications, extensions. or waivers of provisions of this Agreement including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved C and signed by both parties. D, Tn ality of A�gre .m .nt /,R .v .rahility of Provisions. This Agreement with its attachment contain' all the terms and conditions agreed upon by the parties. No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the parties. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected if such remainder would then continue to conform to the terms and requirements of applicable law. 1/ IF-119 0 Milk • F-13.01 IN 0 MA The Agency desires to enter into this Agreement only if in so doing the Agency can place a limit on its liability for any cause of action for money damages arising out of this Agreement, so that its liability never exceeds the sum of $12,500. Grantee expresses its willingness to enter.into this Agreement with recovery from the Agency for any action or claim arising from this Agreement to be limited to the sum of $12,500. Accordingly, and notwithstanding any other term or condition of this Agreement, Grantee agrees that Agency shall not be liable to Grantee for damages or for any action or claim arising out of this Agreement in an amount in excess of the sum of $12,500. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon Agency's liability as set forth in Chapter 768, Florida Statutes. Additionally, the Agency does not waive sovereign immunity, and no claim or award against the Agency shall include attorney's fees, investigative costs or pre judgment interest. 7 XIV. NOTE AND MORTCTACTF. The Grantee agrees to execute a note and mortgage reflecting the forgivable nature of this funding award, in a form attached as Composite Exhibit 2. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their. respective and duly authorized officers the day and year first above written. ATTEST: E o,�ltt Kn n _ ra K Type or Print Name ATTEST: Type or Print.Name APPROVED AS TO FORM: By: General Counsel . 8 PRINCETON PRESCHOOL AND CHILD CARE CENTER, INC. By: h/ Type or Print Name SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY By:. Type or Print Name IN WITNESS WHEREOF, the parties have caused this Agreement to be executed, by their respective and duly authorized officers the day and year first above written. ATTEST: PRINCETON PRESCHOOL AND CHILD CARE CENTER, INC. DRAFT By: By: Type or Print Name Type or Print Name ATTEST: SOUTH MIAMI CONQVIUNITY REDEVELOPMENT AGENCY By: By. . DRAFT Type or Print Name Type or Print Name I WCIVC 1IIUUbdIIU r1YC rlUIIUICU 1JU1141J htt,JUV) Ill a"wluauLc W1lll a 1 wilUb0UIy P1ULU UCaullg CYCU Uaw w1111 this Mortgage which is attached as "Exhibit A" and made a part of this Mortgage, and all other indebtedness which the Mortgagor is obligated to pay to the Mortgagee pursuant to the provisions of the Note of this Mortgage, hereby grants, conveys and mortgages to the Mortgagee the parcel of land situated in Miami -Dade County, Florida and described as follows: { 5928 S.W. 68a' Street 4G; L�l' (:��,:�t;'i, Miami, FL 33143 J TOGETHER with all appurtenances and all the estate and rights of the Mortgagor in and to such property or in any way. appertaining, all buildings and other structures attached to, or used in or in the operation of, any such land, buildings or structures which are necessary to the complete use and occupancy of such buildings or structures for the purposes for which they were or are to be erected or installed, including but not limited to all heating, plumbing, bathroom, lighting, cooking, laundry, ventilating, refrigerating, incinerating and air- conditioning equipment and fixtures, and all replacements and additions, whether or not the same are or shall be attached to such land, buildings or structures in any manner. TOGETHER with any and all awards made for the taking of the mortgaged property, or any part thereof (including any easement) by the exercise of the power of eminent domain, including any award for change of grade of any street or other roadway, which awards are assigned to the Mortgagee and are deemed a part of the mortgaged property, and the Mortgagee is authorized to collect and receive the proceeds of such awards, to give the proper receipts and acquittance, and to apply the same toward the payment of the indebtedness secured by this Mortgage, notwithstanding the fact that the amount owing may not then be due and payable; and the Mortgagor agrees, upon request by the Mortgagee, to make, execute and deliver any and all assignments and other instruments sufficient for the purpose of assigning each such award to the Mortgagee, free, clear and discharged of any encumbrances or any kind' and nature; and V TOGETHER with all right, title and interest of the Mortgagor in and to the land lying in the streets and roads in front of and adjoining the above described land (all the. above described land, buildings, other structures, fixtures, articles of personal property, awards and other rights, and interests being collectively call the "Mortgaged Property"). TO HAVE AND TO HOLD the Mortgaged Property and every part unto the Mortgagee, its successors and assigns forever for the purpose and uses set forth. The Mortgagor further covenants and agrees with the Mortgagee, as follows: 1. The Mortgagor will promptly pay the principal of and interest on the indebtedness evidenced by the Note, and all other charges and indebtedness provided in the Note and in this Mortgage, at the times and in the manner provided in the Note upon'a default or breach of the Forgivable Loan Funding Agreement executed by the Mortgagor and Mortgagee on , and attached to this Mortgage as Exhibit B. 2. The Mortgagor will pay when due all ground rents, if any, and all taxes, assessments, waiver rates and other governmental charges, fines, and impositions of every kind and nature imposed on the mortgaged property or any part, and will pay when due every amount of indebtedness secured by any lien to which the lien of this Mortgage is expressly subject. 3. This Mortgage and the Note were executed and delivered to secure moneys advanced in full to the Mortgagor by the Mortgagee as or on account of a loan evidenced by the Note, for the purpose(s) described or referred to in the City of South Miami Community Redevelopment Agency Commercial Building Rehabilitation Loan Program to or on the mortgaged Property, and for such other purpose, if any. 4. No building or other structure or improvement, fixture, or personal property'managed shall be removed or demolished without the prior written consent of the Mortgagee. - The Mortgagor will not make, permit or suffer any alteration of or addition to any building or other structure or improvement to be erected or installed upon the mortgaged property or any part, nor will the Mortgagor use, or permit or suffer the use. of any of the mortgaged property for any purpose other than the purpose or purposes for which the same is now intended to be used, without the, prior written consent of -the Mortgagee. The Mortgagor will maintain the mortgaged property in good condition and state of repair and will not suffer or permit any waste to any part and will promptly and with all the requirements of federal, state and local governments, or of any departments, divisions or bureaus, pertaining to such property. character or the property to oe coverea. tali such insurance snail or carrieu ui curiipaiiies appruveu uy Lac Mortgagee and applicable to the location and character of the property to be covered. All such insurance shall be carried in companies approved by the Mortgagee and all policies shall be in such form and shall have attached loss payable clauses in favor of the Mortgagee and any other parties as shall be satisfactory to the Mortgagee. All policies and attachments shall be delivered promptly to the Mortgagee unless they are required to be delivered to the holder of a lien of a mortgage or similar instrument to which this Mortgage is expressly subject, in which latter event, certificates, satisfactory to the Mortgagee, shall be delivered promptly to the Mortgagee. The Mortgagor will pay promptly when due, as provided; any and all premiums on such insurance, and in every case in which payment is not made from the deposits required by this Mortgage, promptly submit to the Mortgagee for examination receipts or other evidence of such payment as shall be satisfactory to the Mortgagee. The Mortgagee may obtain and pay the premium on (but shall be under no obligation to do so) every kind of insurance required if the amount of such premium has not been deposited as required by this Mortgage, in which event the Mortgagor will pay the Mortgagee every premium so paid by the Mortgagee. b) In the event of loss or damage to the mortgage property, the Mortgagor will give to the Mortgagee immediate notice by mail, and the Mortgagee may make and file proof of loss if not made otherwise promptly by or on behalf of the Mortgagor. Each insurance company issuing any such policy is hereby authorized and directed to make payment for such loss to the Mortgagor and the Mortgagee jointly, unless -the amount of loss is payable first to the lienholder under a mortgage or similar instrument to which this Mortgage is expressly subject, and the insurance proceeds, or. any part, if received by the. Mortgagee, may be applied by the Mortgagee, at its option, either in reduction of the indebtedness secured, or to the restoration or repair of the mortgaged property in extinguishment of such indebtedness, all right, title and interest of the Mortgagor in and to every such insurance policy then in enforce, subject to the rights and interest of the holder of any such prior lien, shall pass to the grantee acquiring title to the mortgaged property together with such policy and appropriate assignment of such right, title, and interest which shall be made by the Mortgagor. 7. The Improvements and all plans and specifications shall comply with any and all applicable municipal, county, state and federal ordinances, regulations and rules made or promulgated by lawful authority, and upon their completion, shall comply with the rules of the Board of Fire Underwriters having jurisdiction. 8. Upon any failure by the Mortgagor to comply with or perform any of the terms, covenants or conditions of the Program Agreement or this Mortgage the Mortgagee may declare a default and all sums (including reasonable attorney's fees incurred), with interest thereon from date of such payment, at the rate of four percent (4 %) per annum, except any payment for which a different rate of interest is specified herein, shall be payable by the Mortgagor to the Mortgagee on demand and shall be secured by this Mortgage. This Mortgage with respect to any such amount and the interest thereon shall constitute a lien on the mortgaged property prior to any other lien attaching or accruing subsequent to the lien of this Mortgage. 9. The Mortgagee, by any of its agents or representatives, shall have the right to inspect the mortgaged property from time to time at any reasonable hour of the day. Should the mortgaged property at any time require inspection, repair, care or attention of any kind or nature not provided by the Mortgagor as determined by the Mortgagee in its sole discretion, the Mortgagee may, after notice to the Mortgagor, enter or cause entry to be made -upon the mortgaged property and inspect, repair, protect, care for or maintain such property, as the Mortgagee may in its sole discretion deem necessary, and may pay all amounts of money, as the Mortgagee may in its sole discretion deem necessary. 10. The principal amount owing on the Note together with interest and all other charges, as provided in the Note, and all other amounts of money owing by the Mortgagor to the Mortgagee pursuant to and secured by this Mortgage, shall immediately become due and payable without notice or demand upon the transfer or alienation of the Mortgaged Property to another person other than the Mortgagor, appointment of a receiver or liquidator, whether_ voluntary, or involuntarily, for the Mortgagor or any of the property of the Mortgagor, or upon the filing of a petition by or against the Mortgagor under the provisions of any State insolvency law, or under the provisions of the Bankruptcy Act of 1898, as amended, or upon the making by the Mortgagor of an assignment for the benefit of the Mortgagor's creditors. The Mortgagee is authorized to declare, at its option, all or any part of such indebtedness immediately due and payable upon the happening of any of the following events which shall constitute a default on that Note and any other Note which this mortgage secures: M prior written consent of the mortgagee, mcivamg me suooramauon or mis mortgage or owncris rein►ancing of the mortgage property. The Mortgagee's failure to exercise any of its rights shall not constitute a waiver. All the events in this Paragraph enumerated upon the happening of any of which the Note shall become, or may be declared to be, immediately due and payable are in this Mortgage called "events of default ". 11. The Mortgagee may from time to time cure each default under any covenant or agreement in any instrument creating a lien upon the mortgaged property, or any part which shall have priority over the lien of this Mortgage, to such extent as the Mortgagee may exclusively determine, and each amount paid, if any, by the, Mortgagee to cure any such default shall be paid by the Mortgagor to the Mortgagee, and the Mortgagee shall also become subrogated to whatever rights the holder of the prior lien might have under such instrument. 12. If the property securing this note is sold or in any way alienated or transferred within five (5) years of the execution of this note, such an event shall constitute a default, and all funds not partially forgiven shall be payable at a rate of four percent (4 %) simple interest per year on the unpaid principal amount then owing. Determination of an alienation, transfer or sale sufficient to call for payment of this Mortgage or Note shall rest with the Agency and/or its designated agents and the maker shall be notified of the time and place of payment. Subordination of this Note or the Owner's refinancing of the subject property shall constitute a default. 13. The Mortgagee in any action to foreclose this Mortgage shall be entitled to the . appointment of a receiver without notice, as a matter of right and without regard to the value of the mortgaged property, or the solvency or insolvency of the Mortgagor or other party liable for the payment of the Note and other indebtedness secured by this Mortgage. 14. The Mortgagor, within ten (10) days upon request in person or within twenty , (20) days upon request by' mail, will furnish promptly a written statement in form satisfactory to the Mortgagee, signed by the Mortgagor and duly acknowledged, of the amount then owing on the Note and other indebtedness secured by this Mortgage, and whether any offsets or defenses exist against such indebtedness or any part. 15. The Mortgagor shall give immediate notice. by registered or certified mail to the Mortgagee of any fire, damage or other casualty affecting the mortgaged property, or of any conveyance, transfer or change in ownership of such property, or any part. 16. Notice and demand or request may be made in writing and may be served in person or by mail. 17. Incase of a foreclosure sale of the mortgaged property, it may be sold in one parcel. 18. The Mortgagor will not assign the rents, if any, in whole or in part, from the mortgaged property, or any part, without the prior written consent of the Mortgagee. 19. The Mortgagor is lawfully seized of the mortgaged property and has good right, full power and lawful authority to sell and convey the same in the manner above provided, and will warrant and defend the same to the Mortgagee forever against the lawful claims and demands of any and all parties whatsoever. 20. The Mortgagor waives the benefit of all homestead exemptions as to the debt secured by this Mortgage and as to any expenditure for insurance, taxes, levies, assessments, dues or charges incurred by the Mortgagee pursuant to any provision of this Mortgage. 21. This Mortgage and all the covenants, agreements, terms and conditions herein contained shall be binding upon and inure to the benefit of the Mortgagor and the heirs, legal representatives and assigns of the Mortgagor, and to the extend permitted by law, every subsequent owner of the mortgaged property, and shall be binding upon and inure to the benefit to the Mortgagee and its assigns. If the Mortgagor consists of two or more parties, this Mortgage shall constitute a grant and mortgage by all of them jointly and severally, and they shall be obligated jointly and severally under all these provisions and under the Note. The word "Mortgagee" shall include any, person, corporation or other party who may from time to time be the holder.of this Mortgage. Wherever used, the singular number shall include the plural, the plural number shall include the singular, and the use of any gender shall be applicable to all genders wherever the sense requires. witivss tyrmt Name) YP- 91 -WELIA SANDILAM 5 owner 7 Address: STATE' OF FLORIDA ) COUNTY OF MIAMI -DADE ) The foregoing Mortgage was acknowledged before me this /3 day of JU Ly 2001, by V_00.15w, (°• -r1YoNP AS 124:5, , who is /are personally known tome, or who has produced the following: as identification and who did not take an oath. T ed/ tinted Name: r•�o,v<,/LD�,�>, 5 i pt�= it le: Notary Public, State of Florida This instrument prepared by: �.�'wf Leonardo D Starke .9W*My commission CC741012 John C. Dellagloria i „ "a+�. Expires May_10, 2002 General Counsel City of South Miami Community Redevelopment Agency 6130 Sunset Drive South Miami, FL ' 33143 4 CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL BUILDING REHABILITATION LOAN PROGRAM PROMISSORY NOTE Amount: $ $12,500 Agreement No: Date: FOR VALUE RECEIVED, the undersigned jointly and severally promise(s) to pay to the City of South Miami Community Redevelopment Agency (Agency) the sum of Twelve Thousand Five Hundred Dollars ($12,500), payable without interest. So long as the undersigned has not defaulted or has not provided false information in support of any application or has not otherwise breached the loan contract nor violated the rules or regulations of the City of South Miami Community Redevelopment Agency, this amount shall be partially forgiven in the amount of $2,500 each . year over a five -year period, until fully forgiven at the conclusion of five (5) years. If the property securing this note is sold or in any way alienated or transferred within five (5) years of the execution of this note,: such an event shall constitute a default, and all funds not partially forgiven shall be payable at a rate of four percent (4 %) simple interest per year on the unpaid principal amount then owing. Determination of an alienation, transfer or sale sufficient to call for payment of this Note shall rest with the Agency and /or its designated agents and the maker shall be notified of the time and place of payment. Subordination of this Note or the Owner's refinancing of the subject property shall constitute a default. If suit is instituted by the Agency to recover on this Note, the undersigned agree(s) to pay all costs of such collection including reasonable attorney's fees, at trial and appellate levels, and Court costs. THIS NOTE is secured by a Mortgage of even date duly filed for record in the Public Records of Miami -Dade County, Florida. DEMAND, protest and notice of demand and protect are hereby waived, and the undersigned hereby waives, to the extent authorized by law, any and all Homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. IN WITNESS WHEREOF, this Note has been duly executed by the undersigned as of its date. t�R.tuGetr.a Paz_5c ooi A&JD 6&MW6,AXE- Gd�..T9 -a.� a Public�L,­NA;L-DQ 0. '67A 9.- �o',N Leonardo O Stara * *My Commission =41012 +�,.,,,.r Expires May 10, 2002 BUILDING EXCELLENCE IN EDUCATION . 5928 S.W. 68TH STREET MIAMI, FLORIDA 33143 PHONE /FAX (305) 666 -5575 PRINCETON BOUND,INC. is a .inner -city early childhood educational organization that is interested in applying for the 5O1C3 NON- PROFIT STATUS UNDER INTERNAL REVENUE SERVICE. PRINCETON BOUND, INC. is located in the heart of inner -city South Miami,Florida. PRINCETON BOUND is a academic program,designed to tutor inner -city youths from Kindergarten through grade six. The curriculum consist of reading,writing,arithmatic,and computer literacy. Grades K- 6 were chosen because this is where early childhood academic deficiencies begin. Also,labeling of students are high between these grades by the local county school system. PRINCETON BOUND has learned that if,these students are given the proper educational tools and environment, these students can be successful in.public schools. In April of 1999 PRINCETON BOUND, INC. received a six month grant for thirty inner -city youths. The grades range from It was very surprising to hear that 8956' of these students were below school academic standards. These students had poor skills in reading,writing,arithmatic,and computer literacy. .In order to find out how much these students knew. PRINCETON tested the students in the four subject areas. The results were negative. In the K -1 group there were.students who could not identify numbers 1 -30. This group also had difficulty identifying the alphabets and their sounds. In the 2 -3 grade group,some of the students were unable to identify the vowels and their sounds.. Reading skills were far below school standards and in some cases students were unable to read.or write a complete sentence. In grades 4 -6, 94% of the student reading,writing,arithmatic,and computer literacy.skills were far below public schools standards. Most of the student .could not operate a computer. There was one student who truly got. Princeton's attention. This was a six grade . student that could not write a complete sentence. Also, this student could not solve'.two digit multiplication. After finding.the students needs,. Princeton-group them by grades. The curriculum consisted of four twenty -five minute intervals in reading,writing,arithmatic,and computer literacy. To insure that the students needs would be met. A NON- PROFIT ORGANIZATION Poe, BUILDING EXCELLENCE IN EDUCATION 5928 S.W. 68TH STREET MIAMI, FLORIDA 33143 PHONE /FAX (305) 666.5575 Princeton financially secured four college students that were early childhood education majors. Quickly the news spread throughout the community that PRINCETON BOUND was providing free two hour tutoring services. Princeton number of thirty students soon rose to forty -five students on a daily base. No student was denied service. Princeton saw the need in the community and provided the services. After the six month completion of PRINCETON BOUND. Princeton patiently waited for the first school grading period. The results were positive. Students that were failing prior to attending PRINCETON BOUND were now making average grades.Students that were average were able to make B's. There was one parent who had both of his children in PRINCETON BOUND. He told me for the first time.his.daughter made the honor role. Also,his son, who had been labeled as a trouble maker.and an under achiever, was able to improve his conduct and academic skills.The father said,that for the first time his son was starting.to believe in himself. Surprisingly 8596 of these youths are student athletes. There goal in life is to become a professional athlete.we both know that if these youths do not perform well in academics that.they will never reach their goal. It is PRINCETON BOUND goal to see to it that these young inner -city youths be given an educational oppertunity.The emphasis is not placed on becoming a professional athlete. But the importance is placed on receiving a solid education. There were many more success stories. PRINCETON BOUND'has learned that if you give-inner-city youth positive educational exposure. They too can achieve in public schools. As previously stated PRINCETON BOUND,INC is located in the heart of.South Miami public housing district. This is an.ideal location for students and family members. Students and parents will be within walking distance from their homes. PRINCETON BOUND will establish a positive and productive relationship with families. Princeton will maintain an open,friendly,and cooperative relationship with each child's family. For example the competent instructor working with the students,recognizes that students primary care givers may be single mothers,fathers,step parents,grand - parents, uncles,aunts,sister,brother, foster.parents,or guardians. A NON- PROFIT ORGANIZATION BUILDING EXCELLENCE IN EDUCATION 5928 S.W. 68TH STREET MIAMI, FLORIDA 33143 PHONE /FAX (305), 666 -5575 Princeton will provide opportunity for parents and other family members to share their skills in the•program. Princeton will offer parent information about health and social and other resources in the community. Princeton will respect each family's cultural background, religious beliefs, and child rearing practices. Princeton will encourage parents to visit the center, participate in activities,and make suggestions for the program. It is PRINCETON BOUND goal to give each parent the opportunity to be apart of there child's education. If this.objective can be obtained.. The community will prosper and our future children will have the opportunity to become productive citizens. Sincererl WoVrrell C.Troup President A NON- PROFIT ORGANIZATION PRINT VERSION Page 1 of 1 FOLIO NUMBER: 09 -4025- 028 -1460 ADDRESS: 5928 SW 68 ST MAILING ADDRESS: PRINCESTON PRE -SCH CHILD CNTR INC, 5928 SW 68 ST, MIAMI FL, , 33143 -3524 CLUC: 0041 EDUCATIONAL- PRIVATE PRIMARY ZONE: 6400 COMMERCIAL, MEDIUM INTENSITY BEDROOMS: 0 BATHS: 0 FLOORS: 1 LIVING UNITS: 0 ADJ SQUARE FOOTAGE: 1,802 LOT SIZE: 7,300 SQ. FT YEAR BUILT: 1957 LEGAL DESCRIPTION: TOWNSITE OF LARKINS PB 2 -105 LOTS 15 & 16 BLK 11 LOT SIZE 50.000 X 146 OR 17359 -1059 09966 SALE OIR: 17359 -1059 SALE MONTH: 9 SALE YEAR: 1996 SALE AMOUNT: $ 120,000 ASSESSMENT YEAR: 2000 ASSESSED VALUE: $ 88,877 _ LAND VALUE:. $ 65,700 HOMESTEAD EXEMPTION: $ 0 BUILDING VALUE: $ 23,177 WIDOW EXEMPTION: $ 0 MARKET VALUE: $ 88,877 TOTAL EXEMPTIONS: $ 0 TAXABLE VALUE: $ 88,877 ASSESSMENT YEAR: 1999 ASSESSED VALUE: $ 88,433 J LAND VALUE: $ 65,700 HOMESTEAD EXEMPTION: $ 0 BUILDING VALUE: $ 22,733 WIDOW EXEMPTION: $ 0 MARKET VALUE: $ 88,433 TOTAL EXEMPTIONS: $ 0 TAXABLE VALUE: $ 88,433. . http: / /gi ... /esrimap.dll? Name= PublicAccess &Cmd= CreatePrintVersion &Folio = 094025028146 6/12/01 it soot' SMCRA► South Miami Community Redevelopment Agency A Place to Live, Work and Play" INTER- OFFICE MEMORANDUM To: Honorable Chair Date: July 31, 2001 and SMCRA Board From: Gregory J. Oravec Subject: Meeting 8/06/01— 3 SMCRA Director Commercial Building Rehab Sunset Professional Building REQUEST A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING A COMMERCIAL REHABILITATION GRANT OF UP TO $22,500 FOR PETER PREVITI TRUSTEES; AUTHORIZING THE EXECUTION OF A COMMERCIAL REHABILITATION GRANT AGREEMENT AND RELATED DOCUMENTS; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE THE AWARD FROM THE COMMERCIAL BUILDING REHABILITATION LINE ITEM OF THE ADOPTED FY 00- 01 BUDGET; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The Sunset Business Plaza is a three -story mixed -use building located within the Redevelopment Area at 5825 Sunset Drive. The primary owner, Peter Previti, who is also an occupant of the building, has made application to the Commercial Building Rehabilitation Program. I Attached, please find letters dated February 12, 2001 and April 3, 2001 from Mr. Nelson Taracido, a representative of Mr. Previti, which propose a renovation of the building's facade, including cleaning; waterproofing; , painting; replacement of all exterior, windows with energy efficient impact glass; stucco work; and crown moldings. A rendering of the proposal will be presented at the meeting. The building is a prime candidate for renovation, as it is located between the newly renovated Washington Mutual Building and the Suntrust Bank Property which is currently under renovation. The South Miami Community Redevelopment Plan I specifically references both Sunset Drive and the Sunset Drive & 58`h Avenue area as ripe for faeade improvements and authorizes the Board to provide matching grants for such activities. As with previous commercial rehabilitation applications before the Board, staff proposes that the Agency provide a. 50% match in the form of a' forgivable loan.. Attached, please find a draft agreement, mortgage and promissory note (the "Documents "). The documents provide for the Agency to make a $22,500 loan to Mr. Previti, which will be partially forgiven in the amount of $4,500 each year over a five -year period. If the property is sold or transferred within five years of the execution of the documents, the amount not ;forgiven and 4% simple interest on that amount will be due immediately. The current balance of the Commercial Building Rehabilitation Line Item is $60,000, and the remaining balance would be $37,500. On July 30, 2001, the Advisory Board voted 4 -0 to recommend approval of this item. RECOMMENDATION Your approval is recommended. RESOLUTION NO. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING A COMMERCIAL REHABILITATION GRANT OF UP TO $229500 FOR PETER PREVITI TRUSTEES; AUTHORIZING THE EXECUTION OF A COMMERCIAL REHABILITATION GRANT AGREEMENT AND RELATED DOCUMENTS; AUTHORIZING THE EXECUTIVE 'DIRECTOR -TO DISBURSE THE AWARD FROM THE COMMERCIAL BUILDING REHABILITATION LINE ITEM OF THE ADOPTED FY 00 -01 BUDGET; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South 'Miami (City) has created a South Miami Community Redevelopment Agency ( SMCRA) pursuant to Chapter 163, Part III, Florida Statutes; and WHEREAS, the SMCRA has adopted a Community Redevelopment Plan which contains over thirty-six programs and projects to effect redevelopment and revitalization in the South Miami Community Redevelopment Area; and WHEREAS, the Community Redevelopment Plan specifically authorizes commercial rehabilitation,.fagade improvements,and business incentive loans; and WHEREAS, the SMCRA desires to support the renovation, rehabilitation and growth of businesses in the Redevelopment Area. NOW, THEREFORE, BE IT. RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. The Executive Director is authorized to execute a Commercial Rehabilitation Agreement with Peter Previti Trustees and any related documents, in substantially the form attached as Exhibit "1," for the fagade renovations of the building located at 5825 SW 72 "d Street. Section 2. The Executive Director is authorized to disburse up to $22,500 from the Commercial Rehabilitation Line Item of the adopted FY 00 -01 Budget. Section 3. This resolution shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 2001. ATTEST: APPROVED: SECRETARY CHAIR READ AND APPROVED AS TO FORM: COUNSEL PRINT VERSION Page 1 of 1 FOLIO NUMBER: 094025- 030 -0060 ADDRESS: 5825 SUNSET DR MAILING ADDRESS: PETER PREVITI TR , 5825 SUNSET DR, S MIAMI FL, , 33143 -5222 CLUC: 0019 COMMERCIAL- MIXED USE PRIMARY ZONE: 6400 COMMERCIAL, MEDIUM INTENSITY BEDROOMS: 0 BATHS: 0 FLOORS: 3 LIVING UNITS: 0 ADJ SQUARE FOOTAGE: 21,420 LOT SIZE: 13,450 SO FT YEAR BUILT: 1965 LEGAL DESCRIPTION: COOPERS SUB PB 4 -152 LOT 7 LESS W2FT & LESS S15FT OF E48FT & LOTS 10 & 11 LESS S15FT W10FT LOT 12 LESS N5FT & LESS S15FT OR 14922 -2175 0291 1 SALE O /R: 14922 -2175 SALE MONTH: 2 SALE YEAR: 1991 SALE AMOUNT: $ 1,540,000 ASSESSMENT YEAR: 2000 ASSESSED VALUE: $ 1,526,800 LAND VALUE: $ 807,000 HOMESTEAD EXEMPTION: $ 0 BUILDING VALUE: $ 719,800 WIDOW EXEMPTION: $ 0 MARKET VALUE: $ 1,526,800 TOTAL EXEMPTIONS: $ 0 TAXABLE VALUE: $ 1,526,800 ASSESSMENT YEAR: 1999 ASSESSED VALUE: $ 1,507,000 LAND VALUE: $ 807,000 HOMESTEAD EXEMPTION: $ 0 BUILDING VALUE: $ 700,000 WIDOW EXEMPTION: $ 0 MARKET VALUE: $ 1,507,000 TOTAL EXEMPTIONS: $ 0 TAXABLE VALUE: $ 1,507,000 http: / /gi ... /esrimap.dll? Name= PublicAccess &Cmd= CreatePrintVersion &Folio= 094025030006 7/28/01 PETER PREVITI ATTORNEY AT LAW SUNSET BUSINESS PLAZA 5825 SUNSET DRIVE • SUITE 210 SOUTH MIAMI. FLORIDA 33143 Or COUNSEL: TELEPHONE (305) 662 -9504 NELSON TARACIDO February 12, 2001 FACSIMILE (305) 662.6967 Greg Oravec City of South Miami Community Redevelopment Area 6130 Sunset Drive South Miami; Florida 33143 Re: City of South Miami Dear Greg: It was a pleasure to meet with you and have you explain in better detail what the CRA goals and ambitions are. Mr. Previti and I understand that the immediate goal of the CRA is to start improving the most blighted areas in the CRA. We also recognize that the less blighted areas, such as ours, make up the majority of the contribution to the CRA. By helping to make improvements to buildings, such as ours, we commence the process of providing more benefits that will pay off for the remainder of the community. We .suggest a matching funds program for two specific improvements to our buildings. Since we have.the ability to match funds right away, we can commence on these improvements immediately, thus helping the CRA as a whole in many ways. The two improvements that interest us are the Paint Up /Fix Up program and the. Building Commercial /Retail Facade Improvement Program. We would like to change the facade in order to coordinate better with the aesthetic look of the other properties in the area. We believe that by furthering the theme established by Sunset Place and followed by Mr. Amster's property, we would increase the value of all the properties in the area, in turn helping the CRA and the City of South Miami. This is just an idea and we will be open to suggested facade changes which the City would believe is appropriate. If you could provide instructions and /or guidance as to the steps necessary to effectuate these proposals, we can begin the process of improving our building and making the City of South Miami a better place to live and work. Sincerely, l �. Nelson Taracido Of- Counsel NT /rs PETER PREVITI ATTORNEY AT LAW SUNSET BUSINESS PLAZA 5625 SUNSET DRIVE '• SUITE 210 SOUTH MIAMI, FLORIDA 33143 OF COUNSEL: TELEPHONE (305) 662.9504 NELSON TARACIDO April 3, 2001 FACSIMILE (3051 662.6967 Greg Oravec City of South Miami Community Redevelopment Area 6130 Sunset Drive South Miami, Florida 33143 Re: City of South Miami Dear Greg: Greetings, I hope your family is doing well. Originally, I sent you a letter dated February 12, 2001, where I explained Peter and my desire to improve our building, 5825 Sunset Drive. Since then, we have been able to obtain proposals for the improvements we have planned. They are as follows: Cleaning, waterproofing, and painting exterior of building ..................... $14,000.00 Replacement of all exterior windows with energy efficient, impact glass ......... $15,857.88 Reworking entire facade to blend better with new look of Sunset Place and other buildings, including stucco work and crown moldings ........... $15,120.00 TOTAL ............ ............ .....................$44,977.88 Jr- remembering our prior conversations, use were discussing a, possible split, 50/50 of this . total price. Also, we were inquiring as to whether or not it would be feasible to put this in this year's budget and that if we were unable to, to put it in next year's budget. Please contact me when you receive this to further discuss these matters. I look forward to hearing from you. Sincerely, Nelson Taracido Of- Counsel NT /rs SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL BUILDING REHABILITATION FUNDING AGREEMENT THIS FORGIVABLE LOAN FUNDING AGREEMENT is entered into this day of 2001 between the South Miami Community Redevelopment Agency (Agency) and the Peter Previti (Grantee), (Parties). WITNESSETH: WHEREAS, the South Miami Community Redevelopment Agency Advisory Board has recommended funding of $22,500 to Peter Previti for renovation of a commercial building located at 5825 Sunset Drive, Suite 210, South Miami, Florida; and WHEREAS, the Agency accepts this recommendation and wishes to provide funds for this improvement in the South Miami Redevelopment Area. NOW, THEREFORE, the Parties agree as follows: 209812M The Grantee agrees to make improvements to the building in accordance with the specifications listed on Attachment A, including but not limited to new impact glass, stucco, crown moldings, demolition, pressure cleaning, sealing, caulking and painting. l61 u u : ; The Grantee agrees that all proposed expenditures or costs shall be provided to the Agency, in a Budget Summary, which shall be received no later than thirty (30) days following execution of this Agreement, and which shall be subject to approval by the Agency. III. EFFECTIVE TF,RM The Agreement shall be effective upon execution, and shall continue up to, and including Any funds not expended by the Grantee by shall be returned to the Agency. • LVAMIJOINOMMKINIUMM Subject. to available funds, the maximum grant amount payable .under L this Agreement shall not exceed $22,500. The Parties agree that should grant funding not be available, the amount payable under this Agreement shall be reduced by the Agency. The Grantee waives any and all claims against the Agency for any reduction or for the unavailability of funding. The Grantee will not look to nor seek to hold liable the. Agency, its officers, employees or agents for the performance of this Agreement and shall release the Agency from liability under this Agreement. The Grantee shall indemnify and hold harmless the Agency and its officers, employees, agents, and instrumentalities from any and all liability, losses or damages, including attorney's fees and, costs, which the Agency, its officers, employees, agents or instrumentalities may suffer as a result of claims, demands, suits, causes of actions or proceeding of any kind or nature arise out of, relating to or resulting from the performance of this Agreement by the Grantee or its employees, agents, servants, partners, principals or subcontractors. The Grantee shall pay all claims and losses and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the Agency, where 2 applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue. The Grantee expressly understands and agrees that any insurance required by this Agreement or otherwise provided by the Grantee shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Agency, its officers, employees, agents and instrumentalities. Nothing contained in this Agreement shall be construed to affect the Agency's liability as provided in Chapter 768, Florida Statutes. Additionally, the Agency does not waive sovereign immunity, and no claim or award against the Agency shall include attorney's fees, investigative- costs or pre judgment interest. VI. NOTMRS It is understood and agreed between the parties that written notice addressed to the City and to the Grantee, mailed or delivered to the following addresses shall constitute sufficient notice to either party: To the Agency: Executive Director, SMCRA 6130 Sunset Drive South.Miami, FL 33161 To the Grantee: Peter Previti 5825 Sunset Drive, Suite 210 Miami, FL 33143 Both parties agree that this ' Agreement recognizes the. autonomy of and does not imply any affiliation between the contracting parties. It is expressly understood and intended that the Grantee is only a recipient of funding. support and is not an agent or 3 instrumentality of the Agency. Furthermore, the Grantee's agents and employees are not agents or employees of the Agency. MMU-101 • ; u ► ; u A. .Breach. A breach by the Grantee shall include but not limited to the following: (1) the Grantee fails to provide the services outlined in the program description (Attachment A); (2) the Grantee ineffectively or improperly uses the Agency funds allocated under this Agreement; (3) the Grantee does not receive all permits required by law; (4) the Grantee fails to submit or submits incorrect or incomplete proof of expenditures to support disbursement requests or fails to submit or. submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; (5) the Grantee does not submit or submits incomplete or incorrect, required reports; (6) the Grantee refuses to allow the Agency access to records or refuses to allow the Agency to monitor, evaluate and review the Grantee's improvement program; (7) the Grantee discriminates under any Federal, State or local law; (8) the Grantee attempts to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement; (9) the Grantee fails to correct deficiencies found during any final inspections or certificates of completion required by the Agency or the City. Waiver or breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modificati on of the terms of this Agreement. B. Age 3 Remedies. If the Grantee breaches this Agreement, the Agency may pursue any or all of the following remedies: The Agency may terminate this .Agreement by giving written notice to the Grantee of such termination and by specifying the termination date at least 4 five (5) days before the effective date of termination. In the event of termination, the Agency may: (a) seek reimbursement of Agency funds . allocated to the Grantee under this Agreement; or (b) terminate or cancel any other contracts entered into between the Agency and the Grantee. The Grantee shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees. I 1P /u ► ' : • 1: The Agency agrees to pay the Grantee for improvements rendered under this Agreement based on the Agency's approved budget summary and payment schedule. Payment shall be made in accordance with procedures outlined below. A. R .nn st for Payment.. payment Requests are to be presented to the Agency by the Grantee. Any payment request is to be accompanied by: (a) a detailed expenditure report; and (b) proof of expenditures. The Agency shall accept originals of invoices, receipts and other evidence of indebtedness as proof of expenditure. Clore] :D RE IN 21261 " 1 6111 MEM •► WON I s011S C A. A ..o mtin RPr.�rds. The Grantee shall keep accounting records which conform with generally accepted accounting principles. All such records will be retained by the Grantee for not less than three (3) years beyond the term of this Agreement. B. Financial Andit. If the Grantee has an annual certified public accountant's opinion and related financial statements, the Grantee agrees to provide these documents to the Agency no later than ninety (90) calendar days following the end of the Grantee's fiscal year, for each year during which this Agreement remains in force or until all funds earned 11 from this Agreement have been so audited, whichever is later. ►0A A. Pnhli .itV V. It is understood and agreed between the parties that this Grantee is receiving funds by the Agency.. Further, by the acceptance of these fiords, the Grantee agrees that events funded by this Agreement shall recognize the Agency as a funding source. The Grantee shall ensure that all publicity, public relations, advertisements and signs recognize the Agency for the support of all contracted activities, and shall install a commemorative plaque on the building recognizing the Agency's contribution. B. A fir-cement Guidelines. The Grantee agrees to comply with all applicable federal, state, county and city laws, rules and regulations. This Agreement shall be governed by the laws of the State of Florida, and venue shall be Miami -Dade County, Florida. C. Modifications. Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both parties. D. Totality of Agreement /Severahi]Tof Previsions. This Agreement with its attachment contain all. the terms and conditions agreed upon by the parties. No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the parties. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected if such remainder would then continue to conform to the terms and requirements of applicable law. 6 XIL T WITATTON OF T,TARTT.TTY The Agency desires to enter into this Agreement only if in so doing the Agency can place a limit on its liability-for any cause of action for money. damages arising out of this Agreement, so that its liability never exceeds the sum of $22,500. Grantee expresses its willingness to enter into this Agreement with recovery from the Agency for any action or .claim arising from this Agreement to be limited to the sum of $22,500. Accordingly, and notwithstanding any other term or condition 'of this Agreement, Grantee agrees that Agency shall not be liable to Grantee for damages or for any action or claim arising out of this Agreement in an amount in excess of the sum of $22,500. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon Agency's liability as set forth in Chapter 768, Florida Statutes. Additionally, the Agency does not waive sovereign immunity, and no claim or award against the Agency shall include attorney's fees, investigative costs or pre judgment interest. 10.4 0 119 ► • I UM-11 ►It WN •f•711t•'' The Grantee agrees to execute a note and mortgage reflecting, the forgivable nature of this funding award, in a form attached as Composite Exhibit 2, incorporated into and made part of this Agreement. [The remainder of this page is intentionally left blank.] 7 i IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers the day and year first above written. ATTEST: PETER PREVITI Type or Print Name ATTEST: Type or Print Name APPROVED AS TO FORM: By: - General Counsel By: Type or Print Name SOUTH MIAMI COMMUNITY DEVELOPMENT AGENCY By: Type or Print Name CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL BUILDING REHABILITATION LOAN PROGRAM PROMISSORY NOTE Amount: $ $22,500 Agreement No: Date: FOR VALUE RECEIVED, the undersigned jointly and severally promise(s) to pay to the City. of South Miami Community Redevelopment Agency (Agency) the sum of Twenty -Two Thousand Five Hundred Dollars ($22,500), payable without interest. So long as the undersigned has not defaulted; or has not provided false information in support of any application or has not otherwise breached the loan contract nor violated the rules or regulations of the City of South Miami Community Redevelopment Agency, this amount shall be partially forgiven in the amount of $4,500 each year over a five -year period, until fully forgiven at the conclusion of five (5) years. If the property securing this note is sold or in any way alienated or transferred within five (5) years of the execution of this note, such an event shall constitute a default, and all funds not partially forgiven shall be payable at a rate of four percent (4 %) simple interest per year on the unpaid principal amount then owing. Determination of an alienation, transfer or sale sufficient to call for payment of this Note shall rest with the Agency and/or its designated agents and the maker shall be notified of the time and place of payment. The Agency will allow the Owner to a one -time refinancing of the property with notice. At no time will the Agency subordinate this Note to a position lower than a second mortgage on the property. If suit is instituted by the Agency to recover on this Note, the undersigned agree(s) to pay all costs of such collection including reasonable attorney's fees, at trial and appellate levels, and court costs. THIS NOTE is secured by a Mortgage of even date duly filed for record in the Public Records of Miami -Dade County, Florida. DEMAND, protest and notice of demand and protect are hereby waived, and the undersigned hereby waives, to ' the extent authorized by law, any and all Homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. IN WITNESS WHEREOF, this Note has been duly executed by the undersigned as of its date. . Notary Public r . J 2001 SMCRA South Miami Community Redevelopment Agency "A Place to Live, Work and Play" , INTER- OFFICE MEMORANDUM To: Honorable Chair Date: July 31, 2001 and SMCRA Board From: Gregory J. Oravec Subject: Meeting 8/06/01 L SMCRA Director Purchase of Infill lots Aom Miami -Dade County REQUEST A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING THE PURCHASE OF INFILL ,.LOTS FROM MIAMI -DADE COUNTY; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE UP TO $35;000 FROM ACCOUNT 610- 0000 - 219.13 -40, ENTITLED "ESCROW— RESIDENTIAL REINVESTMENT," TO THE CLERK OF THE COURTS; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The greatest impediment to the Agency's infill housing program has been the lack of readily •> available vacant property. Although Habitat for Humanity has been successful in receiving properties. through its longstanding relationship with the County, other infill builders have not had similar success. In fact, this was'a primary reason for Jubilee's inability to construct the six homes granted in, Phase I of the Infill Program. To overcome this impediment, the Agency has employed a foreclosure attorney and has sent letters, of interest to property owners including Miami -Dade County. Although the foreclosures have not yet been processed, the Agency has been successful in identifying five properties for sale. Four properties are for sale from the Miami -Dade County Clerks Office in the total amount of approximately $35,000 and another is available from a willing seller at approximately $15,000. The attached resolution would allow the Agency to purchase the properties from Miami -Dade County. Please note that the properties are not listed to avoid speculation. Last year, the Agency escrowed approximately $180,000 for the infill housing program, , and a balance of $160,000 remains. Therefore, staff proposes that the available funds be utilized to purchase the subject properties. The remaining balance would be $125,000. RECOMMENDATION Your approval is recommended. RESOLUTION NO. A RESOLUTION OF THE .SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING THE PURCHASE OF INFILL LOTS FROM MIAMI -DADE COUNTY; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE UP TO $35,000 FROM ACCOUNT 610- 0000- 219.13- 40, ENTITLED "ESCROW RESIDENTIAL REINVESTMENT," TO THE CLERK OF THE COURTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami (City) has created a South Miami Community Redevelopment Agency ( SMCRA) pursuant to Chapter 163, Part III, Florida Statutes; and WHEREAS, the SMCRA has adopted a Community Redevelopment Plan which contains over thirty-six programs and projects to effect redevelopment and revitalization in the South Miami Community Redevelopment Area; and WHEREAS, the Community Redevelopment Plan specifically authorizes the SMCRA to conduct infill housing programs; and WHEREAS, the SMCRA has determined that the conveyance of vacant property to infill builders is an effective incentive for infill development; and WHEREAS, the SMCRA does not currently have an inventory of vacant properties. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. The Executive Director is authorized to disburse up to $35,000 from Account 610 - 0000 - 219.13 -40, entitled "Escrow— Residential Reinvestment," to the Clerk of the Courts for the purchase of infill lots. Section 2. This resolution shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of 2001. ATTEST: APPROVED: SECRETARY CHAIR READ AND APPROVED AS TO FORM: COUNSEL e.. '=111 SMCRA South Miami Community Redevelopment Agency A Place to Live, Work and Play" INTER- OFFICE MEMORANDUM To: Honorable Chair Dater July 31, 2001 and SMCRA Board From: Gregory J. Oravec Subject: Meeting 8/06/01 — j5 SMCRA Director Purchase of Infill lot from Mildred Berry REQUEST A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING THE PURCHASE OF AN INFILL LOT FROM MILDRED BERRY; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE UP TO $15,625 FROM ACCOUNT 610- 0000 - 219.13 -40, ENTITLED "ESCROW— RESIDENTIAL REINVESTMENT," TO MILDRED BERRY, PROPERTY OWNER; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The greatest impediment to the Agency's infill housing program has been the lack of readily available vacant property. Although Habitat for Humanity has been successful in receiving properties through its longstanding relationship with the County, other infill builders have not had similar success. In fact, this was a primary reason for Jubilee's inability to construct the six homes granted in Phase I of the Infill Program. To overcome this impediment, the Agency has employed a foreclosure attorney and has sent letters of interest to property owners including Miami -Dade County. Although the foreclosures have not yet been processed, the Agency has been, successful in identifying five properties for sale. Four properties are for sale from the Miami -Dade County Clerks Office and have been addressed in a separate resolution. Another property is available from a private seller. The attached resolution would allow the Agency to purchase a vacant, buildable infill property from Mildred Berry pursuant to the contract attached as Exhibit "1." The contract provides for the purchase of the property at one dollar above the assessed value determined by the Miami- Dade Property Appraiser or $15,625. 4 Last year, the Agency escrowed approximately $180,000 for the infill housing program, and a balance of $125,000 remains. Therefore, staff proposes . that the available funds be utilized to purchase the-subject property. The remaining balance would be $109,375. RECOMMENDATION Your approval is recommended. RESOLUTION NO. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING THE PURCHASE OF AN INFILL LOT FROM MILDRED BERRY; AUTHORIZING THE EXECUTIVE DIRECTOR 'TO DISBURSE UP TO $15,625 FROM ACCOUNT 610- 0000 - 219.13- 40, ENTITLED - "ESCROW- RESIDENTIAL REINVESTMENT," TO MILDRED BERRY, PROPERTY OWNER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami (City) has created a South Miami Community Redevelopment Agency ( SMCRA) pursuant to Chapter 163, Part III, Florida Statutes; and WHEREAS, the SMCRA has adopted a Community Redevelopment Plan which contains over thirty -six programs and projects to effect redevelopment and revitalization in the South Miami Community Redevelopment Area; and WHEREAS, the Community Redevelopment Plan specifically authorizes the SMCRA to conduct infill housing programs; and WHEREAS, the SMCRA has determined that the conveyance of vacant. property to infill builders is an effective incentive for infill development; and WHEREAS, the SMCRA does not currently have, an inventory of vacant properties. NOW, THEREFORE, BE IT RESOLVED BY THE. SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. The Executive Director is authorized to disburse up to $15,625 from Account 610- 0000 - 219.13 -40, . entitled "Escrow — Residential Reinvestment," Mildred Berry for the purchase of the infill lot identified by folio number 094025- 028 -0190. Section 2. This resolution shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 2001. ATTEST: APPROVED: SECRETARY READ AND APPROVED AS TO FORM: COUNSEL CHAIR Parcel Information MIAMI-DADE COUNTY PROPERTY APPRAISER PUBLIC ACCESS Folio: 09- 4025 -028 -0190 Use scroll bar to view complete information. Page 1 of 1 FOLIO NUMBER: 09 -4025 -028 -0190 ADDRESS: MAILING ADDRESS: MILDRED BERRY, 1190 NW 88 ST, MIAMI FL_ , 33150 -2546 CLUC: 0081 VACANT LAND PRIMARY ZONE: 0100 SINGLE FAMILY RESIDENCE BEDROOMS: 0 BATHS: 0 FLOORS: 0 LIVING UNITS: 0 ADJ SQUARE FOOTAGE: 0 LOT SIZE: 7,150 SO FT YEAR BUILT: 0 LEGAL DESCRIPTION:. LARKINS TOWNSITE PB 2 -105 LOT 7 BLK 2 LOT SIZE 50.000 X 143 OR 14691 - 156 -157 0890 4 SALE OIR: SALE MONTH: 8 SALE YEAR: 1990 SALE AMOUNT. $ 0 ASSESSMENT YEAR: 2000 ASSESSED VALUE: $ 15,624 LAND VALUE: $ 15,624 HOMESTEAD EXEMPTION: $ 0 BUILDING VALUE: $ 0 WIDOW EXEMPTION: $ 0 MARKET VALUE: $ 15,624 TOTAL EXEMPTIONS: $ 0 TAXABLE VALUE: $ 15,624 ASSESSMENT YEAR: 1999 ASSESSED VALUE: $ 15,624 LAND VALUE: $ 15,624 HOMESTEAD EXEMPTION: $ 0 BUILDING VALUE: $ 0 WIDOW EXEMPTION: .• $ 0 MARKET VALUE: $ 15,624 TOTAL EXEMPTIONS: $ 0 TAXABLE VALUE: $ 15,624 Owner Search Address Search Folio Number Search Home.Page ht... /esrimap.dll? Name= PublicAccess &Cmd =SearchFolioT &Folio = 0940250280190 &B1 =Submi 8/2/01 �,, �• �, 08/03/2001 16:37 8957029 .1 2 "'3 4 5 6 7 .,g 9 NOMIAMICITYATTY PAGE 02 of 1190 N.W-v 88 STREET, MIAMI, FL 33150 (Phone) and THE SOUTH MIAMI COMMUNITX REDEVELOPMENT AGENCY (— Bu, ') of 6130 S.W. 72 STREET,, SOUTH MIAMI, EL 33143 (Phone) hereby agree that Salter shelf sell and Buyer shall buy the following described real property and personal property (collectively 'Property') pursuant to the terms and conditions of this Contract for Sala and Purchase and any riders and addenda ('Contract'): i. DESCRIPT10N: (a) Legal description of the Real Property located in MIAMI –DADE County, Florida: LOT 7, BLOCK 2 OF LARKINS TOWNSITE, AS RECORDED AT PLAT BOOK 2, PAGE 10 �vxu2 tit; rain 1 –CBEs t.vviviri ri,vttiun *11 (b) Street address, city, zip, of the Property is: *12 (c) Personal Property: – NONE 13 ' 1.4 *15 it. PURCHASE PRIM, ... » .............................................................................................. ..............................3 16 PAYMENT: *17 (a) Deposit held in escrow by LOTT & LEV INE , P.A. � y pgenf) 1.8 In the amount of ..................... _ ......... ...... .. .......... . ............ .. ....... « ............................. .... . .............................. $ 1 .0 0 0 *19 (b) Additional escrow deposit to be made to Escrow Agent within days after Effecdve Date *20 (see Paragraph 111) in the amount of . ............................................... »................... .........._...................$ –_ .. .. *29 (c) Subject to AND assumption of exWtV mortgage in good standing in favor of *22 ' hmMgr an apptoxdmerte prosoN pdWpal balance of ....... ...... ........... S – – *23 (d) New mortgage financing with a Lender (see Paragraph IV) In file amount of ._ ::.. ..............................$ -- -24 (a) Purchase money mortgage and note to Soifer (see rider for terms) In the amount of .........................$ --- 125 (t) Other. ._...._.........$ -- 15.5 (g) Balance to closa by U.S. cash or LOCALLY DRAWN cashler's or official bank check(s). subject to adjustments or proratlona .. .. ........... .... ..........................5 14,625 . 25 IiL TIME FOR ACCEPTANCE OF OFFC;Z; ?'ri;":Cl' '~" :' ?. r., A -, %, ��,C`'tll'AII, .» Gilts offer Is not executed by and delivered to al'..-sties *29 OR FACTOF EXECLMON communicated In wMing batwocn oo parrs en or WforeAUGUST 9 r 2001 . the deposit(s) will, at 30 t3uyers option, be returned and this otter wiihdravm. For,purpoaes of dsliwry or nonce of execution. parties Include Buyer and Seller or 3.1 each of the respective brokers or attorneys. The data of Conbsa ("Eflvctivo Data') will be the date when the last one of the Buyer and 32 Seller has signed this offer. .A facsimile copy of this Contra�ctand any stgnatums hereon anal be considered for all purposes as an original. 33 IV. FINANCiNG: 034 Ig (a) This is a cash transaction with no condngencies for financing, *35 0 (b) This Contract is conditioned on Buyer obtaining a writtaih loan commitment within days after Effective Dale for *36 (CHECK ONLY ONE): 0 a• fixed; 0 an adjuatable: or 0 a fixed or adjustable rate loan In the principal amount of *37 $ , at an initial Interest rate not to exceed %6 discount and origlnallon tees not to exceed _,_% *3B of principal amount, and for a term of �,,.. years. Buyer will make application within days (5 days if left blank) after 39 5ffoctiva Date and use roesonable diligence, to obtain a ban commitment and, thereafter, to satisfy terms and conditions of the 40 commitmont and dose'the loan. Buyer shall pay all loan expenses. If Buyer falls to obtain a commitment or falls to waive Buyers 41 rights under this subparagraph within the time for obtaining a commitment or, after diligent effort, falls to meet the terms and 42 conditions of the commitment by the closing date. then ofther putt' thereafter, by written notice to the othor, may cancol lhi„ 43 Contract and Buyer shall be- refunded the delmlt(a); or. *44• p (c) The existing mortgage, described In Paragraph 11(c)-above, has: Q a variable intomst rate; orCJ a fixed Interest rate of *45 per annum. At time of title tranaNr, some fixed interest rates aria subject to Increase: if increased, the roto shall not exceed % 46 per annum. Seller shall furnish a statement from each mortgagee staling the principal balance,, method of payment, interest rate and 47 status of mortgage or authorize Buyer or CloslogAgom to obtalh the same. If Buy©rnas agreed to assume a mortgage which requires 48 approval of Buyer by the mongagoa for assumption, then Buyer shall promptly obtain the necessary application and dligently *49 complete and return It to the mortgagee. Any mortgagee charge(8); not to exceed $ (1% of amount 50 assumed if left blank), shall be paid by Buyer. If Buyer Is not accepted by mortgagee or the requirements for assumption are not in 51 accordance with the terms of this Contract ormortgagee makes a thecae in excess of the stated amount, Softer or Buyer may rescind 52 this Contract by written notice to the other party unless either elects to pay rile Increase In interest rate or excess mortgago chargas. *53 V. TriLE EVIDENCE: At least 1 5 days before closing date, (CHECK ONLY ONE), ® Seller, shall, at Seller's expense, deliver to 54 Buyer or Buyer's attomey: or O Buyer shall at Buyer's expense obtain (CHECK ONLY ONE): :(H abstract of tine: or 0 title insurance 55 commitment (with legible copies of instruments BsWd as exceptions attached thereto) and, afterdosing, an owner's policy f tills Insurance. •56 VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on AUGUST 124, 2001 57 unless modified by other provisions of this Contract. FAR/BAR-5S Revised 8/98 Page 1 of 4 pages 08/03/2001 16:37 8957029' NOMIAMICITYATTY PAGE 03 Se VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall takte tltle subject to: comprehensive land use plans, zoning, 59 restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat 60 or otherwise common to the subdivislon; outstanding og, gas and mineral rights of record without right of entry; public utility easements 61 of record (easements are to be located contiguous to real property Ones and not more than 10 feet In width as to the rear or front lines 62 and 7 1/2 feet in width as to the side llnes, unloss' otherwise stated herein); taxes for year of closing and subsequent years; 63. assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); provided, that there exists at closing -64 no violation of the foregoing and none prevent use of the Property for RESIDENTIAL USE purpose(s). 65 VIII. OCCUPANCY: Seller warrants that there am no patios in occupancy other than Seller, but if property Is Intended to be ronted or 66 occupied boyond closing, the fad and terms thereof and the lanant(s) or occupants shalt be disclosed pursuant to Standard F. Setter shall 67 deliver occupancy of Property to Buyer at Ilmra of closing unless otherwise stated herein. M occupancy is to be delivered before closing, 68 Buyer assumes air risks of loss to Property from date of occupancy, shad be resporoible and liable for maintenance from that date, and 69 shalt be d6orned to have accepted Property In Its exlating condition as of time of taking occupancy unless otherwise stated herein. 70 IX. TYPEWRITTEN OR HANDWRITTEN PROViSIONS. Typewritten or handwritten provisions, riders and addenda shall control all 71 printed provisions of this Contract In conflict with them. 72 X. RIDERS: (CHECK thoso riders which are sitppllcablo AND are attached to this Contract): +73 Q COMPREHENSIVE RIDER Q HOMEOWNEFiS'ASSN. Q COASTAL CONSTRUCTION CONTROL LINE .74 Q CONDOMINIUM Q'AS IS" Q INSULATION •75 Q VA/FHA Q LEAD -EASED PAINT Q *76 XI. ASSIGNABILITY: (CHECK ONLY ONE): Buyer $Y may assign and thereby be released from any further liability under tws •TT Contract; Q may assign but not be released from liability under this Contract; or Q may not assign this Contract. 78 XII. DISCLOSURES: 79 (a) Radon is a naturally occurring radkmcllve gas that when accumulated in ai building in sufficient quantities may present health e0 risks to persons who are exposed to it over three. Lavoie of radon that exceed federal and state guidelines have been found In 81 buildings in Florida. Additional InforrywWon rogarcift Radon or Radon leaft may be obtained from your County Public Health unit tie (b) Buyer acknowledges rocelpt of the Florida Building EnergyEmciancy Rating System Brochure. 83 (c) It the real property Includes pre -11378 mardendal housing then a lead -based paint rider Is mandatory. 84 (d) If Seller is a *foreign peraor? as defined by the Foreign lnvsstment In Real Property7ax Act, the pardon shall comply with that Act. 85 (e) If Buyer will be obligated -to be a member of a homeowners' assodatlon, BUYER SHOULD NOT EXECUTE THIS 06 CONTRACT UNTIL BUYER HAS RZCZIVED AND READ THE HOMEOWNERS' ASSOCIATION DISCLOSURE. 87 X11I. MAXIMUM REPAIR COSTS: Seiler shall not be rosponsble for payments in excess of: 689. 0 for treatment and ropalr under Standard D (N blank then 2% of.the Purchase Price). for repalr and roplacern, undt- °t!" '?!�rtd M (tl blank. then 3%-of, the Purchase Price). CLAUSE$; ADDENDA; if additional to m:, arc to be provided, £: Bch ^rid, ndum and CHECK HERE Q: 91 XV. STANDARDS FOR REAL ESTATE TRANSACTIONS: Standards A through Won the reverse side or attached are 92 incorporated as a part of this Contract 93 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN 94 ATTORNEY PRiOR TO SIGNING. 96 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. 96 Approval does not constitute an Opinion that any of ft terms and cvr)dltkns In Mls COnbver should be accepted by the parries in a 97 particular transaction. Terms end condidbm should be negotiated based upon the respective Interests, objectives and bargaining 98 positions of &Y Interested persom. 99 COPYRIGHT 1998 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS *100 101 (Buyer) (Gate) (Seller) (Date) *102 Social Security or Tax I.D. # Social Security or Tax I.D. # •103 104 (Buyer) (Date) (Softer) (Date) "105 Social Security or Tax I.D. # Social Socutlty or Tax I.D. # 1,106 Deposit under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. -107 (Escrow Agent) 108 BROKER'S FEE: The brokers named below, including listing and cooperating brokers, airs the only brokers entitled to compensation 109 in connection with this Contract: •110 Name: 111 Cooperating Brokers, If any Listing Broker FAH/t3AR -5S Revised W90 H10ER3CANBE057NNE0FROMTHEFLOA=A SSOC1A TIONOFREALTORS°ORTHEFLONDABAR Pago 2 of 4 pages ,08/03/2001 16:37 8957029 NOMIAMICITYATTY PAGE 04 .rut. �Ju vs, .,.._...� - • -••- 112 STANDARDS FOR REAL`ESTATETRANSACTIONS 113 A. EVIDENCE OF TrTLE: (1) An ababet of title prepared or brought'current by a reputable,artd exl3Ung abstract firm of not existing Then certified 114 as correct by an existing firm) purporting to be tin atxurats synopals of tho Inalrumants alfaeting into to the real property recorded in the public records i15 of the county wherein the real property is located through r;ffective Date. it chap commence; with the earliest public records, or such later dale as may 116 loo customary in the county. Upon dosing of this Ccnlraci, tha abatmet shall become the property of Buyer, Subject to the right of retention thereof 117 by first mortgagee until fully paid. (2) A Mile InsuMM Commitman issued by a Florida licensed Utlo Insurer agreeing to Isaue Buyer, upon recording 119 of the dead to Buyer, an owners policy of We Insurance in the amount of iho purdisso prfoo, inaoring Buyers title to the real property, subject only 119 to lions, encumbrancm excepilons or qualNcadons provided In this Contract and those to be discharged by Seller at or before closing. Seller shall 120 convey markelabla flue subject only to Yens, oncumbraneee, exceptions or qudificadom provided In this Contract Marketable We Shall be 121 determined accofdng to applicable lWor Standards adopted by, authority of The Florida Bar and In accordance with law. Buyer shall have 5 days from 122 date of receiving evidence of fife to exarnino 14 If this is found defecSve. Buyershan within said 5 days notify Seller In wdting spoelfying the dalect(s). 123 if defact(s) rendor title unmarketable, Seiler will have 30 days from receipt of noilca to romove Cie defects, falling which Buyer shall, within live (5) 124 days after oxplradon of the thirty (30) day period, deliver tivrtlten notice b Seller either; (1) extending the time for a reasonable period not 10 exceed 925 120 days within which Seller shall use diligent effort to remove the defects; or (2) requesting a refund of depoaft(s) paid which shall be immediately 126 returned to Buyer. If Buyer falls to so rwtity Better, Buyer shad be deamea,to have accepted the Vile as it then Is. Seller shall, if tide Is found 127 unmarketable, use diligent effort to corned dsfectl s) within the time provided, therefor. If Seller is unable to timely correct the detocts. Buyer shad 128 either waive the defects, or receive 6 rolUnd -of deposit(s), thereby roloadng Buyer and Seller from all further obilgailtm under INS Contract, If 129 evidence of tide is delivered to Buyer loss than S days prior to clos4g, 044 may extend closing date so mat Buyer shall have up to 5 days from 130 dale of receipt of evidence of till* to examine sans♦ In accordam1w wM this Standard. 131 B. PURCHASE MONEY MORTGAGE; SECURiTY AGRZZMFNT TO 3V.LERz A purchase money rnortgage and mortgage note to Seller shall 132 provide for a 30 day grace period in the event of default N a Nat mortgage cud a 18 day grace period if a second or lesser mortgage: shall provide 133 for right of prepayment in whole or In part without prtnalty;�acceleradon It event of transfer of the real property, shall raquire all prior fiens 134 and encumbrances to be kept in good standing and'forbid of or Who advances under prior morigage(s); shad require Buyer to maintain 135 polldes of Insurance contaWrtg a standard rnortgtlgee cause covering all Improvements located on the real property against rife and all perils 138 Included within the term `excterxfod coverage sndorsamer ts' and wch other 6" and perils as Seller may roamnably, require, in an amount equal 137 to their highest Insurable value: and the mortgage, riots and security sareemom total) be otherwise in form and content required by Selier. but Seder 138 may only require clauses and coverage customarily round In mortgages, mortgage notes and security agreements generally utilized by savings and 139 loan institutions or state or national banks located In the eocirtgr heihersin the feel property la located. All personal property and loasaa being oonveyed 140 or assigned will, at Sallee's option, be subject to the Von of a socurby agreement evidenced by recorded financing statements. if a balloon mortgage, 141 the final payment will exceed the periodic payments therron. 142 C. SURV EV. Buyer; at Buyers expense, wtthkt arils aflo+red to dekm arridencs d Ub and b examine same, nary have die real property surveyed and ca Pied 143 by a registered Florida surveyor. K the aevsy d adosss wcm adnw a cn duo feel property or thst hrprovemorAs iocarEad thereon encroach on set ock Ones, 144 easomenM lartda of odic» orvW to any resato tM taxttraet eo *web orappicabI povetmnerlW reguhttfon, the aanrta shoji cOf>rdkrte a lips defect 145 0. TERMiTESJWOOD DeSTROYING ORGANISMS: Buyer, 4 Buyers expense, wilith the date allowed to delivor evidence of tite, may have the 146 Property Inspected by a Florida Coniffed Peat Control Operator f 0perato to determine N tftere Is any Wsbb adfve termite infestation or visible 147 damage from termlta infastallon, exthadkng lances. It shher or boom are found, 0uyer chuff have 4 days nom date of written notice thereof within which 148 to have cost of treatment if required, eatimata0 by tit• Gperatcr and ad damage Inspected and estimated by a licensed builder or general contractor. 149 Samar shag pay valid cash of troatmerd and repair 41 all damage W to the amotrn provided In Paragraph XIII(s). It estimated costs exceed that 150 amount. Buyer shall have the option of cartaftnQ this Contract w(Mi n 5 days alter receipt of conWacWra repair estimate by giving written notice to SQllar or Buyer may elect to proceed with the trisnan4d*n and tecoNO's crvdt et coning on the amount provided In Paragraph XIiI(a).'Termites" shall i 51..'.. <,s deemed to include Ww000 dsslroyirrg organism rcquind to be rt'. -yt*4 render Ma Florida Post Control Act, as amended_ s 1- -33 E. INGRESS AND EGRESS: Seller warrants and rspoasents mat titer., Is t;prpss and e;;reea to the real property sufficient for its intended use as 154 described in Paragraph VII hereof, tide to which Is In accordance %M Standard A tb5 F LEASES: Sailor shall. not less than 15 days before clog g. furnish to Buyer copies of all written leases, and estoppel letters from each tenant 156 specifying the nature and duration of me tenant's occupancy. rental rates. advanced rent and security deposits paid by tenant If Seller is unable to 157 obtain such Isller from each tenant, the maw Informatlen shall be fumisJ'ted by Seltorto Buyorwithin that time period in the form of a Setters affidavit. 158 and Buyer may thereafter contact Ionrird to coo iflin such INonrwifon. Seller shall, at closing, dell"r and assign all original leases to Buyer. 159 G. LIENS: Seiler shall lumlsh to Buyer at dam of closing an affbdwk attesting to the absents, unless otherwise provided for herein, of any financing 160 btalomon% claims of Ilan or potential Ilene s known to Seller and f urdter Boasting Cult them have been no improvements or ropalm to the real property lei for 00 days Immediately preceding date of clot". It fns real property has been Improved or repaired within that lime, Seiler shall deliver releases or 162 waivers of construction liana exeml ad by all genera) Cortbactor3, subcontractor's, suppliers and matedalmon In addition to Seders Acn affidavit setting 183 forth the names of all such general cOMratlt & aubeonbaelors, suppliers and matorlalmen, further affirming that all charges for improvements or 164 repairs which could serve as a bests for a construction Iran or a dstm for damages have boon paid or w,ir be paid at the closing of this Contract. 165 H. PLACE OF CLOSING: Closing shall be hold in tits county wherein the rsal property Is located at the otAco of the attorney, or other closing agent 166 (.ClosingAgenr) designated by Seller. 167 1. TIME: In computing time periods of lees than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any lime 168 periods provided for hatoln which shall Ord on a Saturday, Sunday, or a legal holiday shall a4and to 5:00 pm. of the next business day. Time is of 169 the osaance In this Contract. 170 J. CLOSING DOCUMENTS; Seiler shall furnish the Hood, bill of sale, oenstructlon alert affidavit, owner's possession affidavit. assignments of leases, 171 tenant and mortgagee estoppel letters and correciNg Instruments. Buyer shall fumtsh closing statement, mortgage, mortgage note, security 172 agreement and financing statamonls. 173 K. EXPENSES: Documentary stamps on Ute deed and recording of cortectivo Irtairuments shalt be paid by Seiler. Documentary stamps and 174 Intangible tax on the purchaco money mortgage and any mortgage assumed, mortgagee title Insurance commitment with related tees, and recording 175 of purchase money mortgage to Seger, deed a)d financing statements anal be paid by Buyer. Unless otherwise provided by law or rider to this 176 Contract, charges for following related title services, namely this pr abstract charge. Una examination, and sentement and closing lee, shall be 177 paid by the party responsible for furnishing the fibs evidence in accordance with Paragraph V. 178 L PROBATIONS; CREDITS: Taxes, names MOM. rent, Interest Insurance and other expenses or the Property Small be prorated through the day 179 before closing. Buyer shall have the option of taking over existing policies of Insurance, if a&aumable, in which event premiums shall be prorated. Cash 180 at closing rhau be Increasad or decreased as may be required by prornflons to be made through day prior to closing, or occupancy, it occupancy occurs 181 before closing. Advance rent and securhy depostts will be creditod W Buyer, Escrow deposits held by mortgages will be credited to Senor. Taxes shall 182 be prorated based on the current years tax with due allowance made for maximum allowable discount.' homestaad and other exemptions. It dosing 183 occurs at a date when the current year's mtUafla is riot fixed and otinent year's assessment Is available. lazes wig be prorated based upon such 184 asaeaament and prior years millage. If arrant yWs eassesamertt Is not available. then taxes will be prorated on prior years tax. If there are completed 185 improvements on the real property by January tat of year of closing, which improvomonts were not In existence on January 1 st of prior year. then taxes 186 shall be prorated based upon prior years milege and at an equitable assesernand to be agreed upon between the parties; telling which, request shall 187 be made to the County Property ADpralaer for an Informal assessrnant !along Into account available exemptions. A tax prwallon based on an estimate 188 shall, at request or either pony, be readjusted upon recolpt of tax UN on condition that a statement to that effect is signed at closing. FARlBAR•5S Revised 819E Page 3 or 4 pngas ,08/03/2001 16:37 8957029 NOMIAMICITYATTY PAGE 05 1139 STANDARDS (CONT.) 190 M. SPECIAL ASSESSMENT LIENS: Certlrtal, confirmed and mtMod special ai"assment lierns at of date of eroeing (not as of Elfccrive Date) are to 191 be paid by Seller. Pending liens as of data of c)oeing shall be assumed by Buyer. If the Improvement has been substantlally completed as of Effective 192 Date. any pending lien shall ba considered certMod, confirmed or ratified and Sollorohalf, at closing, be charged an amount equal to the last ealimate 193 or assessment for the Impfovomont by the public body. 194 N. INSPECTION, REPAIR AND MAINTENANCE: Sager warrants that the ceiling, roof (Including the fascia and soffits) and exteriorand intoriorwa93. 195 foundation, seawalls (or equivalonU and dockage do not haw any Visible C"rice of leaks, water damage or structural damage and that the septic 196 tank, pool, all appliances, mechranical Items, Initiating, cooing, electrical, plumbing eysterns and nuchinery are in Working Condition. The foregoing 197 warranty shad be limited to the Items specified unim otherMsis provided In an addendum. Buyer may, at Buyer's expense, have Inspections made 198 of those items within 20 days after the Bffeetfvs Cab, by a firm orirrdlvlduel opodallzing in home klspeetlons and holding an occupallonal ncensa for 199 such purpose (if required) or by an appropriately lleaneed Florlda contractor, and Buyer shall. prior to Buyers occupancy but not more than 20 days 200 after Effective Date, report in' writing to Seger su c h.ltoms Ihat do not moral the Above standards as to defects. Unless Buyer timely reports such 201 defects. Buyer shall be deemed to have waived Ballets warranties as to defects riot reported. If repairs or replacemords aro required to comply with 202 • this Standard, Seller shall cause them to be made and shelf pay tap to the amount provided In Paragraph XIII(b). Segerls not required to make repair$ 203 or replacements of a Cosmetic Condition unless caused by a defect 9alterlt responslWe to repair or replace. If Ifta cost for such repair or replacement 204 excaeds the amount provided In Paragraph XIII(b). Buyer of Seger may eled to pity such excess, falling which either party may cancel this Contract. 205 II Seller Is unable to correct the defects prior to dosing. the coil thereof shall be paid Into esc row at closing. Seller shall, upon reasonable notice, 206 provide ullities service and access to the Property for Inspeeilons, Including a walk-through prior to dosing, to confirm that all items of porsortal 207 property are on the real property and, subject to thr.,fonegoft that all required repairs and replacements have boon made and that the Property, 208 Including, but not limited to, lawn, shrubbery and pool, N tiny. has been maintained in the condition existing as of Effective Date, ordinary wear and 209 tear excepted. Fa purposes of this Contract (a)'Vyoddng CondltloK m lanai operafMg In the mauler in which the item was designed to operate: (b) 210 "Cosmetic Condition' means aestinede knper'fectioru Utah do not affect the workirig condition of the item, including, but not limited to: pined marcite: 211 missing or tom screams: fogged windows; tears, worn spots, ordiscobtatlon of floor coverings, wallpaper or window treatments: nail holes, scratches. 212 dents, scrapes, chips or caulking In callings. wafts, Adoring, fixtures, or mirrors; surd migor cracks In Boons, Igoe. windows, driveways, sidewalks, or 213 pod decks; and (c) cracked roof Was, curling or wom shingles, or Iltttited roof Ufa shag not be considered defects Seller must repair nr replace, $o 214 long as there is no evidence of actual leaks or leakage or structural damage, but missing Was will be Sollees responsbllity to roplaca or ropal(. 215 O. RISK OF LOSS: If the Property Is damaged by hire or other casualy before closing and cost of restwadon does not exceed 3% of the assessed 216 valuation of the Property so damaged, cost of restoration Shull be an ohllgatlon of Seller and closing shall proceed pursuant to the terms of this 217 Contract with restorallen costa ascrowed at dosing. If the cost of restoration exceeds 3% of the assessed valuation of the Property so damaged. 218 Buyer shall have the option of either takhng this Pmperty as Is, logethsr with a trw the 3% or any insurance proceeds payable by virtue of such loss 219 or damage, or of canceling this Contract and rscokft relum of the depoelt(s). 220 P. PROCEEDS OF SALE: CLOSING PROCIDURE: The deed shag be racardod upon clearance of funda. If an abstract of itle has been fumished, 221 evidence of title shell be continued al Buyer's wilwise to show tulle In Buyer, without any encumbrances or chenpr which would render Sevars tide 222 unmarketable from the date of the lac! evidence. AN closing procaedi shall be held M escrow by SoWs attorney of other mutualy acceptablo escrow 223 agent for a period of not more than 3 days after Closklp date. If Setters title to rendered unmarketable, through no I&M of Buyer, Buyer shall, within 224 the 5-clay period, notify Seller In writing of the sided and Sallar shall have 30 days from dale of mcelpt of such notlgcatlon to cure the deloct. It Seller 22S ferta to limey cure the detect, all deposigs) and t:loo4lq f nods shall,.upon written dernxnd by. Guyer and within d days after demand, be folumod to 226 Buyer and, simultaneously with such nnx"nb BuyerflW nttxn the personal property, vacate the real property and recornay the Property to Seller' 227 by special warranty deed and bill of sale. If Duyw falls to nhaka timely demand for refund, Duyvr shalt take 0110 all Is, walling all rights against Sever 22S :. as to any intervening defect except ad may be avallabte to Buyer by virtue of warranties conh,*od In the.deed or bill of sale. If a portion of the C:3 ; pure s:, •a, ;rl�:o is to be derive: 7-4; .Ansdwtkxtnl Mw cing or rsnnzncing, r4 Mr.wrKw tat of tit) landing institution as to place. tlmo or day and 23i: 7 °:as sn s: `s ' :- dosing,-and for disbursement of nnortgsge pmcwdi siliall troltrol ever cc.^.lr-.ry provislan In this Carttract Sener.shall•have the right 231 to rur~;;uo Imp the landing Institution a written eommttment that R VAN not withhold disbursement of mortgage proceeds as a rosult of any two defect 232 attributable to Buyer- mortgagor: The escrow told doafrfQ procedure required by lira Slertdard shall be waNad If the Ildo agent Insures adverse matters 233 pursuant to Section 1327.7841, F.S., as anwndeM 234. O, ESCROW., Any escrow agent ('AgerAl receiving funds or equivalent to authorized and agrees by acceptance of them to deposit them pmmpey, •235 hold same In escrow and, subject to clearance, dleb r" Own In rdance with terms and conditions of this Contract. Failure of funds to clear shall 236 not excwe Buyers performance. If In doubt as lo Agent's duties or IlaMilos under the provisions of this Contract. Agent may, at Agonrs option, 237 continue to hold the subject matter o1 the oacrow until the parties horeto agree to its diabumement or until a judgement of a court of competent 23a juris lictlon shall detemiine the rights of the parties. or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. 239 Upon notifying all parties concerned of aueh action, al !(ability on the pert of Agent shakl'fully lem'ilnete, except to the extent of accounting for any 240 items previously delivered out of escrow. K a lleerasd teat estate broker, Agent wl8 comply with provisions, of Chapter 475, F.S., as amended. Any 241 suit between Buyer and Seller wherein Agent ls'mads a party because of acting as Agent hereunder, or In any suit wherein Agent interplaads the 242 subject maser of the escrow. Agent shall recover reasonable attomeys Ives and coal& incurred with these amounts to be paid from and out of the 243 escrowed funds or equivalent and charged and awarded as Court costs In (aver of the prevailing party. The Agent shag not be liable to any party or 244 person for misdallvary to Buyer or Seller at items s A*w-t to the escrow, unloca mxh mlcdelivery Is duo to willful breach of tha provisions of this 245 Contract or gross negligence of AWL 246 A. ATTORNEY'S FEES; COSTS: In any gdgallon, including breach, ernfonxmont or Interprotallon, arrsing'oat of We Contract, the prevailing party in 247 such litigation, which, for purposes of this Standard, aholl include Seller, Buyer and arty brokers acting M agency or nonagency relationships 248 aulhodzad by Chapter 475, F.S.. as amended, shall be entitled to recover from the non- pravelling party reasonable attomay'a fees, casts and 249 expenses. 250 S. FAILURE OF PERFORMANCE: If Buyer fa8s to porform this Contract within the time specified. Including payment of all deposits, the depusil(s) 251 paid by Buyer and deposll(s) agreed to be paid, may be racivv red and ratalned by and for iha account of Seller as agreed upon liquidated damages, 252 consideration for tho executlon of this Cont actAnd in tuft tsotthrrnont of any dohs; whereupon, Buyer and Seller shall bo relieved of all obligations 253 under this Contract; or Seller, at Setters option, may proceed h equity to anMrce Sorter's rights under this Contract. It for any reason other than 254 failure of Seller to make Seller's dlle mtlrkstabls alter diligent effort. Seger (alas„ noglocttt or retusas to perform this Contract. Buyer may seek specific 255 performance or elect to rocelvo the return of Buyer's deposit(s) without Ihsroby wakving any action for damages insulting from Sellars broach. 256 T. CONTRACT NOT RECORDABLE: PERSONS BOUND; NOTICE Naltttsrthls Contract nor any notice of It shall be recorded In any public records. 257 This Contract snail burl and inure to the benefit of the parties and their successors in interest Whenever the context permits, singular shag include 25B plural and one gender shall ineludo all. Nodce given by or to the attorney for any parry shag bo an effective as if given by or to that party. . 259 U. CONVEYANCE: Soifer shag convey thlo to olio root property by stahrtory warranty, trusteals, personal representative's or guardian's deed, as 260 appropriate 10 the status of Seller subject only to matters contained in Paragraph VIi arced those otherwise accepted by Buyer. Personal propory ghaa, at 261 the request of Buyer, be transferred by an absolute bill of safe with warranty of title„ sublod only to such matters as shay be olherwiso provided for herein. 262 V. OTHER AGREEMENTS: No prior or present "mornents,or r proaentatloas shall be binding upon Buyer or Seller unless Included In this Contract. 263 No modification to or change In this Contract shall be valid or binding upon the parties unless In writing and executed by the party or parties intended 264 to be bound by it. 265 W. WARRANTY: Seller warrants that thorn are no facto known to Seller matorldy affochknq the value of the Property which are not readily observable 266 by Buyer or which have not been disclosed to Buyer. FAf11l3AR -55 ROVISud 8198 COPYRIGHT 1 9118 THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS' Pago 4 of 4 pages