HomeMy WebLinkAboutR-91-0122J-91 -79
2/14/91
RESOLUTION NO. 91- 122
A RESOLUTION, WITH ATTACHMENT(S), RELATING TO
THE DEVELOPMENT OF AN AFFORDABLE HOUSING
PROJECT IN THE OVERTOWN NEIGHBORHOOD,
RATIFYING, APPROVING AND REAFFIRMING MOTION
NO. 88--10699 WHEREBY THE CITY COMMISSION
APPROVED IN PRINCIPLE AN AMOUNT OF $40t000 AS
THE PRICE TO BE PAID BY ST. JOHN COMMUNITY
DEVELOPMENT CORPORATION FOR THE ACQUISITION
OF CITY -OWNED PARCELS KNOWN AS SITES 10 AND
11 LOCATED IN THE OVERTOWN NEIGHBORHOOD IN
CONNECTION WITH THE CONSTRUCTION OF A 35 UNIT
RENTAL HOUSING PROJECT; FURTHER RATIFYING,
APPROVING AND REAFFIRMING THE CITY MANAGER'S
EXECUTION OF THE PURCHASE AND SALE AGREEMENT
AND CONVEYANCE OF CITY -OWNED SITES 10 AND 11
LOCATED IN THE OVERTOWN NEIGHBORHOOD TO ST.
JOHN COMMUNITY DEVELOPMENT CORPORATION FOR
THE DEVELOPMENT OF THE AFOREMENTIONED HOUSING
PROJECT, SUBJECT TO CERTAIN TERMS AND
CONDITIONS AS SET FORTH IN THE ATTACHED
MEMORANDUM OF AGREEMENT; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THE
AGREEMENT DATED DECEMBER 219 1990, BETWEEN
THE CITY AND ST. JOHN COMMUNITY DEVELOPMENT
CORPORATION BY (1) INCORPORATING THE
REQUIREMENTS FOR COMPETITIVE SELECTION FOR
THE GENERAL CONTRACTING FIRM TO CONSTRUCT THE
PROJECT IN COMPLIANCE WITH THE FEDERAL LABOR
STANDARDS PROVISIONS OF THE DAVIS-BACON ACT
IN CONNECTION WITH THE CONSTRUCTION OF THE
PROPOSED HOUSING PROJECT AND (2) REQUIRING
THE ST. JOHN COMMUNITY DEVELOPMENT
CORPORATION TO COMPLETE CONSTRUCTION OF THE
RENTAL HOUSING PROJECT WITHIN EIGHTEEN (18)
MONTHS OF THE DATE OF THE CONVEYANCE OF THE
CITY -OWNED PARCELS TO SAID CORPORATION.
WHEREAS, there exists in the City of Miami a severe shortage
of housing within the affordability range of families and
individuals of low and moderate income; and
WHEREAS, the City Commission recognizes that the
participation of both the public and private sectors is necessary
to further the development of housing within the affordability
'~range of families and individuals of low and moderate income; and
WHEREAS, in February of 1986, through Resolution No. 86�-171,
the City Commission approved in principle the
ATTACHMENTS
CONTAINED
1986 Housing Action.
p?.en for the Overtown Target Area which recoManded a strategy
for the production of affordable housing in the Overtown
neighborhood; and
WHEREAS, the City Commission through Resolution 86-171, also
directed the City Manager to proceed in acquiring development
sites for the construction of affordable housing in the Southeast
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Overtown area, in accordance with the 1986 Overtown Housing
Action Plan, and further allocated 11th Year Community
Development Block Grant funds to defray the cost of site
acquisition; and
WHEREAS, in November of 1986, through Resolution No. 86-886,
the City Commission directed the City Manager to proceed in'.
acquiring Sites 10 and 11, located at 1233 Northwest 3rd Avenue,
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208-244 Northwest 13th Street and 1300 Northwest 2nd Avenue, in
the Overtown neighborhood through a negotiated purchase; and
WHEREAS, in November of 1988, through Motion No. 88-1069,
the City Commission established $40,000 as the purchase price for
Sites 10 and 11 and agreed to sell the subject parcels to St.
John Community Development Corporation for the purpose of
developing affordable housing in the Overtown neighborhood; and
_ WHEREAS, on November 8, 1990, through Resolution No. 90-893,
the City' Commission approved the allocation of approximately
$365,250 in"15th Year Community Development Block Grant Program
funding as a development equity grant in support of St. John
Community Development Corporation's proposed 35 unit rental
housing project planned in the Overtown neighborhood; and
WHEREAS, through Resolution No.-90-893, the City Commission
further authorized the -City Manager to enter into an Agreement in
a form acceptable to the City Attorney between, the City and. St.
John Community Development Corporation in connection with. the
proposed rental -housing project planned in the Overtown
neighborhood;
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NOGG► TMSREFOREt gF IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDAi
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Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Commission hereby ratifies and
reaffirms Motion No. 88-1069, adopted November 3, 1988, wherein
the.City Commission approved in principle an amount of $40,000 as
the purchase price for City -owned Sites 10 and 11 in the Overtown
neighborhood to St. John Community Development Corporation for
the development of an affordable housing project in the Overtown
neighborhood.
Section 3. The City Manager's execution of the purchase and
sale Agreement and conveyance of City -owned Sites 10 and 11 to
St. John Community Development Corporation for the development of
the aforementioned housing project, subject to certain terms and
conditions as set forth in the attached Memorandum of Agreement
between the City and St. John Community Development Corporation
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dated December 21, 1990, is hereby ratified, approved and
confirmed.
Section 4. The City Manager is hereby authorized to execute
the attached amendment to the Agreement dated December 21, 1990,
between the City and St. John Community Development Corporation,
thereby (1) incorporating the requirements for competitive
selection of the general contracting firm(s) to construct the
project in compliance with the Federal Labor Standard Provisions
of the Davis -Bacon Act, in connection with the proposed housing
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project and (2) requiring the St. John Community Redevelopment
Corporation to complete construction of the rental housing`
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project within eighteen (18) months of the date of the conveyance
of the City -owned parcels to said corporation.
Section 5. This Resolution shall become __ effective
immediately upon its adoption.
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PREPAREb AND APPROVED M
ZLINDA K. XEAR ON
Assistant City Attorney
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,b OVIUND a r
APPROVED AS TO FORM AND
CO RE
JJRGE L. FdERNAN�DEZ
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City At orney
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AMENDMENT NO, t
MEMORANDUM OF AGREEMENT
CITY OF MIAMI AND
ST. JOIN COMMUNITY DEVELOPMENT CORPORATIONS
This Amendment, made this day of 1991► by
and between the City of Miami, a municipal corporation of the
State of Florida, (hereinafter referred to as the "CITY"), and
St. John Community Development Corporation, a not -for -profit
corporation of the State of Plorida, (hereinafter referred to as
"PROJECT SPONSOR").
WHEREAS, irl November of 1988, through Motion No. 88-1069,
the City Commission established $40,000 as the purchase price for
Sites 10 and 11 and agreed to sell the subject parcels to
St. John Community Development Corporation for the purpose of
developing affordable housing in the Overtown neighborhood; and
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WHEREAS, on November 8, 1990, through Resolution No. 90-893,
the City Commission approved the allocation of approximately
$365,250 in 15th Year Community Development Rlock Grant Program f:
funding as a development equity grant in support of St. John
Community Development Corporation's proposed 35 unit rental t
housing project planned in the Overtown neighborhood; and
WHEREAS, through Resolution No. 90-893, the City Commission
further authorized the City Manager to enter into an Agreement in;
a form acceptable to the City Attorney between the City and
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St. John Community Development Corporation in connection with the
proposed rental housing project planned in the Overtown
neighborhood;
NOW, THEREFORE, THE PARTIES AGREE TO AMEND THE AGREEMENT AS
FOLLOWS:1
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Amend Section VI Project Implementation Schedule with 6.3 to
read a e s follows:
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6.3 The PROJECT SPONSOR shall complete the Project and
obtain an Certificate -of Occupancy no later than-twenty--f ntr -(4+1-�-
eighteen (1E1 months from the date of conveyance of the Project
Development Sites by the CITY.
6.5 The PROJECT SPONSOR agrees and shall secure bid
2ro]2 sals from certified general contracting firms and shall
dXArd the construction cont act used on a ggmpetitivg selection'
:egg to ensurg, that the 2r 2jact Kill be developed at thg least
Cgs-t_.ts , th2 yarg
ftrde and/or figures stricken through shall be deleted.',
nderacc&red words and/or figures shall be added, The
aremaini.ng provisions are now in effect and remain unchanged -
Asterisks indicate omitted and unchanged materials..
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Amend Section tit project Implementation Schedule with a new
subsection 6.6 to read as follows
amen s attached and ; ncoroo*-ated herein:'
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IN WITNESS WHEREOF,
the parties hereto have caused this
instrument to be
duly authorized.
ATTEST:
MATTY HIRAI
City Clerk
WITNESSES:
executed by the
respective official thereunto
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CITY OF MIAMI, a municipal
Corporation of the
State of
Florida
By
CESAR H. ODIO
City Manager
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PROJECT SPONSOR:
—
ST. JOHN COMMUNITY
DEVELOPMENT
CORPORATION
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PRESIDENT
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MU MORANDUM OF AGREEMENT
city of Miami
and
St. John COMMunitY tkveloPment COMOmtion
Thia AgraaMent is entered into this � � � day, Of _
��C,t.,aa�dLd_= •
1990, by and between the CITY OF MIAMI, Dade County,'a
Municipal Corporation of the State of Florida (the "City") and ST.
JOHN CCSMMUNITy DEVELOPMENT CORPORATION (the "Project Sponsor")
whose address is P.O. Box. 015344, Miami, Florida 33101-5344
(telephone 372-0682).
WITNESSETH
-WHERZA9, the City, in.cooperation with the Project Sponsor,
is implementing a project to increase the supply of affordable
housing for families and individuals in the Overtown Community
Development Target Area; and,
WHEREAS,
in February of 1986, through Resolution No. 86-1711
the City Commission approved in principle the 1986 Housing Action
Plan for the Overtown Target Area which recommended a strategy for
,
the provision
of affordable housing in the Overtown neighborhood;
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and,
WHEREAS,
the Miami City Commission, through Resolution No:
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86-171, also
directed the City Manager to proceed in acquiring
• development sites for the construction of affordable housing in
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program
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specified in this Agreement, it in hereby agreed as
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The words and terms not elsewhere defined in this Agreement
shall have the following meaning:
"AGENCY" .• l mean the City of Miami Department of
1.]. AdENCY Shall �
Development and Housing Conservation.
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1.2 "LOW INCOME FAMILIES/INDIVIDUALS" - shall mean families and
p
ersons# including the elderly, whose gross income does not
exceed 8o% of the median income for the Metropolitan Dade
individuals of low and moderate income known as the Afford-
able Housing Development Program.
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5 111AWNCT DMLOPX8I+T 82T211 Shall mean the sites referred to
as Sites 10 and li, vacant lots generally located at the
- following addresses: 208-244 Northwest 13th Street, 1233
Northwest 3rd Avenue, and 1300 Northwest 2nd Avenue, Miami,
Florida. The sites are legally described as follows:
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site 10
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ADDRESS: 1233 Northwest 3rd Avenue, Miami, Florida
LEGAL DESCRIPTION:
Lot 7 and the West 8 feet of Lot 6, Block 9 of
SOST' S SUBDIVISION Plat
Book "B" Page 27 of the
Public Records of Dade
County, Florida.
FOLIO NUMBER:
01-3136-37-0410
ADDRESS:
208-244 Northwest 13th
Street, Miami, Florida
LEGAL DESCRIPTION:
Lots 21 3, 4, and 5 and
the East 42 feet of Lot
6 in Block 9 of SOST'S
SUBDIVISION Plat Book
"B" at Page 27 of the
Public Records of Dade
County, Florida
FOLIO NUMBER:
01-3136-37-0400
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site 11
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ADDRESS:
1300 Northwest 2nd Avenue, Miami, Florida
LEGAL DESCRIPTION:
Lots 1, 2, 13, and 14 in Block 1 of SOSTS
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SUBDIVISION, according to the Plat thereof
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recorded in plat Book "B" at Page 27 of the
Public Records of Dade County, Florida, less
and excluding therefrom that portion of Lots
1 and 2 more particularly described as follows:
Begin on the East line of said Lot 1 at
a point 70,80 feet North 2022002" West
from the Southeast corner of said Lot 1,
thence North 64002026" West 113.24 feet
to the West line of said Lot 2, thence
North 2033132" West 84.98 feet along said
West line to the Northwest corner of said
Lot 2, thence North 87038132" East 99.98
feet along the North line of said Lots 2
and 1 to the Northeast corner of said Lot
1, thence South 2022102" East 138.64 feet
along the East line of said Lot 1 to the
Point of Beginning
FOLIO NUMBER: 01-3136-37-0010
SECTION-2 - TERM OF AGREEMENT
The term of this Agreement shall begin on the date on which
the last of the two parties sign below and will end twenty four
(24) months following the conveyance of the Property (in accordance
with paragraph 5.2 below).
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3.1 "PROJECT OBJECTIVE" - The objective of the Project is to
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increase the supply of multifamily rental housing units
located in the Overtown community of the City of Miami that
are affordable to low and moderate income families and
persons, including the elderly.
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IOP104NCT PRODUCTION GOAL" - The goal of the Project is to
develop approximately 35 rental units to be constructed within
the Project Development Sites, The rental units will include
both two and three bedroom apartments.
"PROINCT PYNANCING" - The Project will be financed through a
combination of public and private financing sources. As of
the date of this Agreement the best estimate of the sources
and amounts of financing are as follows:
a) The Metropolitan Dade County Documentary Surtax Program
will provide a loan of $997,500.00 (3% for 30 years),
b) The City will make the contribution described in
paragraph 5.3 below
c) Safra Bank will provide construction financing as needed
up to a maximum of $726,540.00.
d) Greater Miami Neighborhoods, Inc. will
provide construc-
tion loans up to the amount of $50,000
(30 years 7%).
e) Private capital in the form of equity
contributions
f) possible use of the State of Florida's State Apartment
Incentive Loan Program ("SAIL") for
a portion of the
;permanent financing ($429,207.40)
BECTTON 4 - PROJECT SPONSOR SCOPE OF SERVICES
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The Project Sponsor will have the following roles and
•- responsibilities in implementing the Project:
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PRWNCT .. The Project shall consist of the construction
of
35 units of multifamily rental housing as follows:
a)
BUILDING TYPE - The Project shall consist of two (2)
structures situated on the Project Development Sites in
accordance with the site plan attached hereto as Exhibit
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b)
DWELLING UNIT MIX - The Project shall contain
substantially the following dwelling mix:
i) Twenty (20) units shall consist of 2 bedroom and 1
bath.
ii) Fifteen (15) units shall consist of 3 bedroom and
two baths.
c)
DWELLING UNIT SIZE - The dwelling units to be construc-
ted shall contain the following minimum net square
footages:
i) The 2 bedroom units shall contain approximately 929
square feet.
ii) The 3 bedroom units shall contain approximately 1248
square feet.
d) DWELLING UNIT FLOOR PLANS - The dwelling units to be
constructed shall be constructed substantially in
a accordance with the preliminary floor plans that are
attached to this Agreement and labeled Exhibit "A".
—; e) DWELLING UNIT AMENITIES - The dwelling units to be
constructed shall each contain the following amenities:
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Electric Stove
Refrigerator
- Nall to Wall Carpet
Central Air Conditioner (except kitchen and
bath)
i. Washer and Dryer connection
- Mange Mood
f) P903ECT PARKING - The project shall comply with the City
cede with regard to parking.
4.2 PROJECT LEGAL STRUCTURB - In order to utilize the Low Income
Housing Tax Credit, the Project Sponsor will create a limit-
ed partnership to be organized under chapter 620, Florida
Statutes. The Project Sponsor will also create a wholly owned
for -profit subsidiary which will serve as the managing general
partner of the limited partnership. The Project Sponsor shall
serve as the initial limited partner in the limited
partnership. It is understood by the parties to this Agreement
that the Project Sponsor, in order to attract the equity
investments needed to make the Project financially feasible,
will eventually "retire" from the limited partnership by
sellingits ownership interest to private sector investors
using the Low Income Housing Tax Credit. The Project
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Sponsor's wholly owned for -profit subsidiary shall remain as
the General Partner for so long as it complies with the terms i.
of the Limited Partnership Agreement. The subsidiary shall ?'
remain either the general partner or a limited partner for the
life of the limited partnership.
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4.3 PAUSHT FOR PRO120T tiWSLOURNT dIT2 .. The Project Sponsor or
its assigns shall reimburse the City in the amount of $40,000
for its cost of site acquisition, said amount to be paid at
the time of conveyance of the Project Development Sites to the
Project Sponsor.
4.4 PROJECT DMLOPMBNT COSTS - Construction costs means an
amount, provided in reasonable detail to the City by the
Project Sponsor, equal to the aggregate of all costs and
expenses actually incurred by the Project Sponsor for the
purpose of the initial development and construction of the
Project, including all on -site improvements. The estimated
costs of development are:
Construction
Land Acquisition
Construction Interest
Insurance
Financing Fees
Legal & Organizational
Marketing
Development Fees & Reserves
Architectural_ Fees
Architect Consultant (bank)
Environmental Study -
Project Sign
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TOTAL DEVELOPMENT COSTS
$1,575,130.00
40,000.00
98,074.00
39,270.00
19,580.00
61,300.00
5,000.00
446,603.00
52,700.00
3,000.00
700.00
600.00
$2,341,957.00
USE OB>.CITY MONETARY CONTRIBUTION - The monetary contribution
of the City to the Project Sponsor, as specified in paragraph.
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5, 3 below, shall be used to help pay the development costs of
the Project an follows:
USE, _ OF._ _CITY. -CONTRIBUTION
Construction
Land Acquisition
Insurance
Financing Fees
Legal & Organizational
Architectural. Fees
Environmental Study
Project Sign
$1610100.00
40,000.00
39, 2'70.00
19,580.00
51,300.00
52,700.00
700.00
600.00
$365,250.00
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SECTION 5 - CITY SCOPE or SERVICES
The City will have the following roles and responsibilities
in implementing the development of the Project:
5.1 PROJECT DEVELOPMENT SITE ACQUISITION - The City shall be
responsible for acquiring the Project Development Sites.
5.2 CONVEYANCE Op PROPERTY TO PROJECT SPONSOR - The City shall
SECTION 5 - CITY SCOPE or SERVICES
The City will have the following roles and responsibilities
in implementing the development of the Project:
5.1 PROJECT DEVELOPMENT SITE ACQUISITION - The City shall be
responsible for acquiring the Project Development Sites.
5.2 CONVEYANCE Op PROPERTY TO PROJECT SPONSOR - The City shall
convey good and marketable fee simple absolute title of the
Project Development Sites to the Project Sponsor or, its
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assigns at or prior to the closings on the Project's con-
struction loans, provided all City provisions and require-
meets have been complied with by the Project Sponsor.
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5.3. MONETARY CONTRIBUTION BY THE CITY - The City shall pay to the
Project Sponsor $365,250.00 to be used as is specified in
paragraph 4.5, above. These funds shall be paid to the
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Project Sponsor as soon as is practical after this Agreement
has been executed by the City.
5.4 ADMINIbT RING AGNMTS CITY - The Department of Development and
Housing Conservation will act on behalf of the City in ful-
filling the requirements set forth in this Section except as
otherwise determined by this Agreement.
6.1 The Project Sponsor shall submit plans to the City which shall
6.2
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consist of final working drawings and specifications including
(without limitations) the following information:
a)-" Definitive architectural drawings;
b) Definitive foundation and structural drawings
c) Definitive electrical and mechanical drawings and final
specifications within sixty (60) days after the issuance
to the Project Sponsor of firm construction and permanent
financing commitments to finance the Project.
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The City shall review the final working drawings) and i>
specifications and shall promptly provide the Project Spon-
6or notice of its approval or disapproval, and shall further,
in�the'event-of disapproval, set forth in detail 'its `reasons
for`'any disapproval within thirty (30) days after such
receipt. :It is further understood that any changes to the y-
Working drawings and specifications shall require the
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prior written approval of the City, and such approval shall
not be unreasonably withheld.
6.3' The Project Sponaor shall complete the Project and obtain a
Certificate of occupancy no later than twenty four (24) months
from the date of conveyance of the Project Development Sites
by the City.
6.4 For purposes of any of the provisions of this Agreement,
neither of the parties, nor any successor in interest, shall
be considered in breach or in default in any of its obliga-
tions in the event of unavoidable delay in the performance of
such obligations because of delays due to strikes, lockouts,
acts of God, inability to obtain labor or materials due to
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governmental restrictions, enemy action, fire, unavoidable
casualty, or other similar causes beyond the reasonable
control of a party (not including Project Sponsor's insolvency
or financial condition). In the event of the occurrence of E
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any such unavoidable delays, the time or times for performance _
of the provisions of this Agreement shall be extended for the
period of unavoidable delay; provided,. however, that the 4
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relayed (such written notice shall be sent by registered mail,
return receipt requested).
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BBCTION `! COMPLIANCE VITH-$`2D21%ALr- STA-22r_. -WCAL_ UM
Both parties agree to comply with all applicable "laws,
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ordinances, and codes of federal, state, and local government.
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SECTION 8 ABBIGNABILITY a
With the approval of the City Manager, the Project Sponsor may
assign its obligations and benefits accruing under this agreement
to the limited partnership described in paragraph 4.21 above. Such
approval shall not be unreasonably withheld.
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SECTION 9 - AUDIT RIGHTS
The City reserves the right to audit the records of the
Project Sponsor (and the limited partnership described in para
graph 4.2, above) at any time during the performance of this
Agreement and for a period of three
(3) years after final payment
is made under this Agreement.,
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SECTION 10 - AIM
The Project Sponsor warrants
OF AGREEMENT
that it has not employed or
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retained any person employed by the
City to solicit or secure this
Agreement and that it has not offered to pay, paid, or agreed to
pay any person employed by the
City any fee, commission,
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percentage, fee, or gift of any kind contingent upon 6r resulting
ONOTICN 14 .- GC YICT. Off' - INTER38T.
14.1 Project Sponsor covenants that no person tender its employ who
presently exercises any functions or responsibilities in
connection with this Agreement has any personal financial
interest, direct or indirect, with the City. The Project
Sponsor further covenants that, in the performance of this
Agreement, no person having such conflicting interest shall
be emploYed. Any such interests on the part of the Project
Sponsor or its employees, must be disclosed in writing to the
city.
14.2 The Project Sponsor is aware of the conflict of interest laws
of the City of Miami (city of Miami Code Chapter 2, Article
V), Dade County, Florida (Dade County Code, Section 2-11.1),
and the State of Florida, and agrees that it shall fully
comply in all respects with the terms of said laws.
BS'CTIQN 15 - INDEPENDENT CONTRACTORB
The artier hereto are independent contractors. No other
relationship, legal or. otherwise, shall be
deemed to have been
created by this Agreement, including without
limitation, a partn-
ership, joint venture, employer/employee,
or principal/agent
relationship. Project Sponsor and its employees and agents shall
.', not attain ;any rights or benefits under the Civil Service or
pension Ordinances: of the City, or any rights generally afforded
'classified or unclassified employees of the
City; further neith-
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or the Project sponsor nor its employees shall be deemed entitled
to the benefits under the Florida Workers' Compensation Act as an
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employee of the City.
SECTION 16 TIRKINATION OF UH AGAVEUNT
The City retains the right to terminate this Agreement at any
time prior to the conveyance of the Project Development Site
pursuant to paragraph 5.2 herein without penalty to the City. In
that event, notice of termination. of this Agreement shall be in
writing to the Project sponsor.
SECTION 17 - NONDISCRIMINATION
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The Project Sponsor agrees that it shall not discriminate as
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to race, sex, color, creed, national origin, or handicap in
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connection with its performance under this Agreement..
Further, no otherwise qualified individual shall be excluded
from participation in, be denied benefits of, or be subjected to
discrimination under any program or activity receiving federal
financial assistance solely by reason of his or her race, color,
creed; national origin, or handicap.
SECTION 18 -MINORITY
PROCUREMENT
COMPLIANCr``
The Project Sponsor acknowledges that it has been furnished
3—
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T a copy°of Ordinance No.
10538 as amended, the
Minority Procurement
_
ordinance of the City
of Miami, and agrees
to comply with all
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applicable substantive and procedural provisions herein, including
any amendments thereto.
Funding for this Agreement is contingent upon the availabil-
ity of funds and the continued authorization for program activ-
ities and is subject to amendment or termination due to lack of
funds, or and of authorization, reduction of funds, and/or chan-
ges in regulations.
In the event that the Project Sponsor fails to comply with
each and every term and condition of this Agreement or fails to
perform any of the terms and conditions contained herein, then the
City, at its sole option, upon thirty (30) days notice to Project
Sponsor, may cancel and terminate this Agreement.
Should the Project Sponsor fail to complete the Project and
obtain a Certificate of occupancy within the time prescribed in
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paragraph 6.3 herein, the City may, at its option, -exercise_ its f.
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reversionary interest in the land and improvements, without any j
compensation to the Project Sponsor.
t.
If, after this Agreement is executed, either one of the two
events listed -below occurs, $325,250.00 of the monetary contribu-
tion'`specified in paragraph 5.3 (above) shall, in the sole and
arbitrary. -discretion of the City, be deemed a..loan to the Project
q.
Spanaor and shall be payable in full. In such a case, the Project
Sponsor shall also pay the City's reasonable attorneys fee in the
event that the outstanding balance is placed in the hands of an
attorney for collection. The two triggering events are as follows!
a) the Project Sponsor fails to carry out its responsibilities
under this Agreement within 24 months of the Date that the
property is conveyed pursuant to Paragraph 5.2 (above).
b) A court or administrative agency begins or threatens proceed-
ings which will materially and adversely affect the Project
Sponsor's ability to fully effectuate and carry out this
Agreement,
BECTION 21 - ENTIRE AGREEMENT
This Agreement, and the "Contract for Sale and Purchase" which
has been executed simultaneously with this Agreement (a copy of 3
which is attached hereto and labeled Exhibit "B") constitute the
entire Agreement
between the parties hereto pertaining to the
subject matter contained herein. No supplement, modification, or
z
amendment of this
Agreement shall be binding unless executed in
writing by all authorized representatives of the parties.
f..
f.
SECTION 22 - NOTICE
v
All notices
or other communication given pursuant to this
Contract shall be
in writing and shall be delivered by personal
service, or by regular mail addressed to the party at the address
f
91-- 122
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indicated herein or as the same tray
be changed from time to tift-
"
Such notice shall be deemed to be
given on the day can which is
personally served or on the date of
actual receipt, whichever is
earlier
1
E
por prof Prot sponsor
Or. Henry Daniels
�{
s
St. John CDC
;
1328 N.W. 3rd Ave.
P.O. Box 015344
Miami, Florida 33101-5344
A
j
Por City
Jeffery B. Hepburn
Department of Development and Housing Conservation
Dupont Plaza Center t
Suite 401
300 Biscayne Blvd. Way ?
Miami, Florida 33131
?r
BECTTON 23 - INBURANCE
The Project Sponsor shall purchase and maintain throughout the
for independent contractors, contractual liability, broad form
property damage on a replacement cost basis until the point
of sale and other endorsements as may become applicable.
b) All builder's Risk policy on a replacement cost basis to be
furnished to and approved in writing by the Agency, prior to
the construction loan closing.
c) Business auto policy with a minimum limit of $300,000,00
combined single limit covering bodily injury, property damage,
on all owed, non -owned and hired vehicles used on the project
development site if applicable.
d) Except for Workers' Compensation all policies. shall be
endorsed to name the CITY as an additional insured to the
extent of the CITY's interest arising from this Agreement.
To provide that failure of the Project Sponsor to comply with
any of the policy provisions will not void coverage for the
CITY.
e) The required insurance shall be so written that the policy or
policies may not be cancelled , non -renewed
or adversely
4.
changed without thirty (30) days advance written
notice to the
is
,
'
City of Miami being delivered to the Office
of the Risk
-
f
Management Division, Insurance Coordinator, 174
East Flagler
}
Street, 7th floor, Miami, Florida 33131.
f)
A .current certificate of insurance showing
present-day
required coverage shall be supplied to the Agency prior to
commencement of activities under this Agreement. Policies,
-
-20-
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91— 122
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i
forms and endorsements shall be provided upon request to the
City within five (5) working days.
g) Insurance policies required above shall be issued by companies
authorized to do business under the laws of the state of
Florida. The company must be rated no less than A as to
management, and not less rnan class v.L.L — Wi••�•=����
strength, in accordance with the latest edition of Best's Key
Rating Guide, published by Alfred M. Best Company, Inc.,
Oldwick, New Jersey.
h) Receipt of any documentation of insurance by the CITY or by
any of its representatives which indicates less coverage than
required does not constitute a waiver of the Project Sponsor's
obligation to fulfill the insurance requirements herein.
i) The City Manager, or his designee, may at his sole descretion
modify the insurance requirements of this Agreement as is/are
needed to protect the City.
SECTION 24 - GENERAL CONDITIONS
24.1 Title and 'paragraph headings are for convenient references
and are not a part of this Agreement.
24' 2 No waiver of any of the provisions of this Agreement shall be
deemed to,
or shall constitute, a
waiver of any
other
provision,
whether or not similar,
nor shall any
waiver
—
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aha��
" 'i 8hatituts ► cOntin, g t�aiver.
;Y rsntin WAiVGr.
b►l,Gas executed in writifig by the party
an provision of this Agreement is found
o
24.2 In the event thaty deemed
such provision shall be
be legally unenforceable, `tlith such
d to the extent necessary in order to Conform
�hOdifie with such laws, then the
laws, or if not modifiable to conform in either event, ' such
d
same shall be deemed severable► anforcement of any other
unenforceability shall not prevent en
provision of this Agreement6
caused this
caused
the parties hereto have
IN WITNE88 �
uted by the respective officials thereun o
ec
instrument to be ex
ear first above written.
duly authorized,
this the day and Y
1
SIGNATURE OB PROJECT SPONSOR CORPORATION
ST. JOHN COMMUNITY DEVELOPMENT
AW1(Da e)
By..�1?s dent
i (Seal)
ATTEST: Secretary
SIGN79EZ=7
OF THE STATE FLORIDA
CITY a rl /o 47
(Date)
BY:
CESAR H.
CITY MANAGER
1
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CITI CLERK
TO FORM AND CORRECTNESS
APPROVED AS TO INSURANCE REQUIREMENTS:
SEGUNDO It. z
INSURANCE OORD N OR
LAW DEPARTMENT
(Seal)
of
(Date)
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EXHIBIT "B"
CCtiI 11RACr FOR SALE AM PttOW11
adwMa
City of Miami ("Seller")
and
St4ohn Community Development Corporation ('Buyer")
This Agreement is entered into this 13% day, of
1990, by and between the CITY OF MIAMI, Dade' County, a
Municipal Corporation of the State of Florida (the "Seller") and
ST. JOHN COMMUNITY DEVELOPMENT CORPORATION (the "Buyer') whose
address is P.O. Box 015344, Miami, Florida 33101-5344 (telephone
372-0682).
WITNESSETH
WHEREAS, the City, in cooperation with the Purchaser, is
implementing a project to increase the supply of affordable housing
4
for families and individuals in the Overtown Community Development
Target Area; and,
WHEREAS, in February of 1986, through Resolution No. 86=-1711
• f
the City Commission approved in principle the 1986 Housing Action
,Plan for the Overtown Target Area which recommended a strategy for
the provision of affordable housing in the Overtown neighborhood;
and,
WHEREAS# the Miami City Commission, through Resolutiom No.
86-1711. also directed the City Manager to., proceed. in acquiring
development sites for the construction of affordable housing in
Southeast Overtown in accordance with the 1986 Overtown Housing
Action Plan and further allocated 11th Year Community Development
Block Grant funds to defray the cost of site acquisition; and,
91-
122
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W1tHAHA9# in November of 1986, through Resolution No. 86-886,
the.Miami City Commission directed the City Manager to proceed in
acquiring Sites 10 and 11 in the Overtown neighborhood through a Y
' negotiated purchaser and,
U91MAB, in November of 1987, through Motion No. 88-1069, the
Miami City Commission established $40,000.00 as the purchase price
for Sites 10 and 11 and agreed to convey the subject parcels to the
Purchaser for the purpose of developing affordable housing in the
Overtown Neighborhood; and,
j WHERBAS, the Purchaser desires to purchase said properties
located at 1233 N.W. 3rd Ave, 208•-244 N.W. 13th St., and 1300 N.W.
2nd Ave, for use in conjunction with the development of affordable
J; housing in the City of Miami.
14OW THEREFORE, in consideration of the mutual covenants
contained herein, the Buyer and Seller hereby agree that the Seller
ry
shall sell and the Buyer shall buy the real property described
below upon the following terms and conditions WN3CH INCLUDE the
Standards for Real Estate Transaction that are attached hereto and
are incorporated by reference (Attachment "All).
Description
The legal descriptions and street addresses of the real estate
that is the.. subject matter of this Contract are found in' Attachment.
"B", which is attached hereto and incorporated by reference. -
Contingencies
The Seller shall convey the property to the Moyer only after
all of the following contingencies have been satisfiedi
1. The City Commission of the city of Miami most have given
final approval to this contract.
2. The parties must have successfully negotiated a separate
agreement to be known as the "Memorandum of Agreement" dealing
with the construction and rental of the housing on the real estate
being conveyed by this Contract (whereas the terms of this Contractvi
for Sale and Purchase govern only the conveyance of title from
Seller to Buyer). Such "Memorandum of Agreement" must additionally
have been given final approval by the City Commission of the City
of Miami.
3. All property disposition requirements imposed by state
law upon municipalities must be satisfied.
4. The Buyer must submit plans to the Seller which shall
consist of final working
drawings and specifications 'including
E� (without limitations) the
following information:
a. Definitive
architectural drawings;
b. Definitive
foundation and structural drawings;
r
. as Definitive
electrical and mechanical drawings and
final specifications within sixty days.
i
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The Seller shall review these final working drawings and
apecifications and shall promptly provide the Buyer notice of its
approval or disapproval. In the event of disapproval, the Seller
shall promptly set forth in detail its reasons for the disapproval.
These reasons shall be given to Buyer not more than thirty days
after receipt of the documents. The seller's approval of these
final working drawings and specifications is a precondition to
closing. Such approval shall not be unreasonably withheld.
5. The Buyer shall have received the commitment or commit-
ments for the construction and permanent financing of the housing
to be -built on the real property. The Buyer shall present to the
Seller such evidence of this commitment or commitments as may be
reasonably satisfactory to the Seller. The Seller's approval of
these commitments is a precondition to closing. Such approval
shall not be unreasonably withheld.
Title Evidence
Within 15 days from the date of this contract, the Seller
shall, at its expense, deliver to the Buyer or its attorney, in
accordance with Standard A (Attachment "A") an abstract of title.
o�
closing. Date
This. transaction shall be closed and the deed and other
closing papers delivered either before or simultaneously with the
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closing on the construction loan (for the construction of the
residential units on the property).
r
Restrictions Sasementst Limitations
The Buyer shall take title subject to; zoning, restriction,
prohibitions, and other requirements imposed by governmental
_ authority; restrictions and matters appearing on the plat or
otherwise common to the subdivision; public utility easements of
record (easements are to be located contiguous to property lines
and are not more than 10 feet in width as to the rear or front
lines and 7 1/2 feet in. width as to the side lines, unless
otherwise specified herein); taxes for the year of closing and
subsequent years (see Exhibit "A", section K "Prorationsregarding
proration of the taxes for the current year) ; and assumed mortgages
and purchase money mortgages, if any. Provided, however, that,
there exists at closing no violation of the foregoing and the bane .
does not prevent the use of the property for the construction and
sale of housing units.
_
Use of Property
The Buyer promises
to use the real estate which is the subject
matter of this Contract for the purpose of building affordable
rental housing units in
accordance with the terms of the "Memora-
ndum of Agreement! to
be negotiated and executed prior to the
—
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041 Notn%can thin Contract (see the section entitled "Continge-
noieftif t above) .
EIa�1A�'t1RE Off' R Y1�R
ST. JrONN COMMUNITY DEVELOPMENT CORPORATION
Si+.JAW,K/• � �A?o i.
President f ( ate)
ATTEST:
Secretary (Seal).
AXONATURE
OF 8$ I
CITY OF
MIAMI, N CIPAL CORPORATION
OF THE STATE FLORIDA
By:
CESAR H. ODIO
(Date)
CITY MANAGER
ATTES
-
MATTY, RAI
(Seal)
i_
CITY. CLERK
APPROVED
S O FORM AND CORRECTNESS
f
L.
JO GE
FE AN
(Date)'
CITY ATTORN
v
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A't`M MWNT W:
STANDAIMS FOR RHAL MATH'IRANSAMIONS
A. EVIDENCE OF TITLE:
An abstract of title prepared by a reputable abstract firm
purporting to be an accurate synopsis of the instruments affecting
title to the Property recorded in the public records of the county
wherein the Property is located which shall commence with the
earliest public records, or such later date as may be customary in
the county. 1.
Seller shall convey a marketable title, subject only to liens,
encumbrances, exceptions, or qualifications set forth in this
Contract and those which shall be discharged by Seller at or before
closing. Marketable title shall be determined according to
applicable 'title Standards adopted by authority of the Florida Bar
and in accordance with law. Upon cloning of this transaction the
abstract shall become property of the Buyer, subject to the right
of retention thereof by the first mortgagee until fully paid.
Buyer shall have 10 days from the date of receiving evidence
of title to examine same. If title is found defective, Buyer
shall, within 3 days thereafter, notify Seller in writing specify-
ing defect (a). If said defect s) render title unmarketable Seller
will have 120 days from receipt of notice within which to remove
said defect(s), and if Seller is unsuccessful in removing them
within said time, Buyer shall have the option of either accepting
the title as it then is, or demanding a refund of all monies paid
hereunder which shall forthwith be returned to Buyer and thereupon
Buyer and Seller shall be released, as to -one another, of all
further obligations under this Contract.
B. SURVEY:
Buyer, at Buyer's expense, within the time allowed for
delivery of evidence of title and examination thereof, may have
the Property surveyed and certified by a registered Florida
surveyor. If the survey shows any encroachment on the Property or
that improvements intended to be located on the Property in fact
encroach on setback lines, easements, lands of others, or violate
any -restrictions, contract covenants, or applicable governmental
regulations, Buyer shall have the option of either accepting the
Property as it is or terminating this agreement with no further
obligation on its part to purchase the Property.
-7-
91 - 122
i "C' 1HORESS AND 1;C,R989:
1
Seller warrants that there is ingress and egress to the,
Property sufficient for the intended use as described in this
contract.
D. LUNS:
f
Seller shall, both as to the Property and Personalty being
sold hereunder, furnish to Buyer at time of closing an affidavit
attesting to the absence, unless otherwise provided for herein, of
any -financing statements, claims of lien or potential lienor known
to seller and further attesting that there have been no improve
menu or repaira to the Property for 90 days immediately preceding
the date of closing. If the Property has been improved, or
repaired within said time, Seller shall deliver releases or waivers
of mechanic's liens, executed by all general contractors, sub-
- contractors, suppliers, and materialmen, in addition to seller's
lien affidavit setting forth the names of all such general
contractors, subcontractors, suppliers, and materialmen and further
reciting that in fact all bills for work to the Property or
Personalty which could serve as a basis for a mechanic's lien or
a claim for damages have been paid or will be paid at closing.
E. PLACE OF CLOSING:
Closing shall be held in the county wherein the Property is
located, at the office of the attorney or other closing agent
designated by the Seller.
G. TIME:
Time is of the essence of this Contract. Any reference herein
to time periods of less than six (6) days shall in the computation
thereofexclude Saturdays, Sundays, and legal holidays, and any
time period provided for herein which shall end on a Saturday,
I Sunday, or legal holiday shall extend to 5:00 p.m. of the next full.
I business day.
H. PRORATIONS:
jTaxes, assessments, rent, interest, insurance and other
expenses and revenue of the Property shall be prorated through the
day `to the closing. Cash at closing shall be increased or
decreased `as may be required by said`prorations. All prorations'
-s-
s
i
Will he made through the day prior to occupancy if occupancy occurs
'before cloning. 'faxes shall be prorated based on the current
year's tax. if closing occurs at a date when the current year's
Aillags in not fixed, and current year's assessment in available,
taxes will be prorated based upon such assessment and the prior
year's milla9e. If the current year's assessment is not available,
then taxes will be prorated on the prior year's tax; provided,
however, if there are completed improvements on the Property by
January lot of the prior year, then taxes shall be prorated based
upon the prior years millage and at an equitable assessment to be
agreed upon between the parties, failing which, request will be
made to the County Property Appraiser for an informal assessment
taking into consideration homestead exemption, if any.. However,
any tax prorations based on an estimate may at the request of
either the Buyer or the seller be subsequently readjusted upon
receipt of tax bill on condition that a statement to that effect
is set forth in the closing statement.
I. SPECIAL ASSESSMENT LIENS:
Certified, confirmed, and ratified special assessment liens
as of the date of closing (and not as of Effective Date) are to be
paid by the Seller. Pending liens as of the date of closing shall
be assumed by Buyer, provided, however, that if the improvement has
been substantially completed as of Effective Date, such pending
lien shall be considered as certified, confirmed, and ratified and
Seller shall, at closing, be charged an amount equal to the last
estimate by the public body of assessment for the improvement.
J. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICY.-
Neither this Contract nor any notice thereof shall be recorded
in -any public records. This Contract shall bind and inure to the
benefit of the parties hereto and their successors in interest.
Whenever the context permits, singular shall include plural and one
gender shall include all. Notice *given by or to the attorney for
any party shall be as effective as if given by or to said party.
I
K. CONVEYANCE:
Seller shall convey title to the Property by quitclaim deed.
Seller shall retain a right of reversion in the property as
follows: if the "Project" (as defined in the Memorandum of
Agreement") is not completed within 24 months of the conveyance of
the Property, the Seller may enter and terminate the estate being
91- 122
OWAL
4
y ` nvuye l in both
Sites 10 and 11 (as dee ribo-d in
ly
t �l�' i if Buyer does not complete const�wotion of mudtoel t
�rl the
housing unity on
bite .i whin 48 months of the cunveyur►e�e�
in Site.
Se�.ier' may entat
and terminate the astute being convoyed
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LEGAL � MMONS OP PROPHRTY ,
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ADDRESS:
1233 Northwest 3rd Avenue, Miami, Florida
LEGAL bESCRTPTION:
,
Lot 7and the West 8 feet of Lot 6, Block g of
SUBDIVISION Plat Book "B" Page 27 of the
i
SOSTS
Public Records of Dade County, Florida
'
FOLIO NUMBER:
.01-3136-37-0410
1
208-244 Northwest 13th Street, Miami, Florida `
ADDRESS:
I
LEGAL DESCRIPTION:
Lots 21 3, 4, and 5 and the East 42 feet of Lot
SOSTS SUBDIVISION Plat Book "B"
—
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6 in Block 9 of
at Page 27 of the Public Records of Dade
i
County, Florida
FOLIO NUMBER:
01-3136-37-0400
1
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1300 Northwest end Avenue, Miami, Florida
t
ADDRESS:
'
LEGAL DESCRIPTION.
Lots it 2t 13, and 14.in Block 1 of SOSTS
to the Plat thereof
SUBDIVISION, according
recorded in Plat Book "B" at Page 27 of the
3
Public Records of Dade County, Florida less
that portion of Lots
Jtt.
and excluding therefrom
2 more particularly described as follows:
E
1 and
Begin on the East line of said Lot 1 at
feet North 2022102" West
a point 70.80
from the Southeast corner of said Lot It.
thence.North 64002126" West 113.24 feet
i
to the West line of said Lot 2, thence
North 2' 33' 32" West 84.98 feet along said34.
said
West line to the Northwest corner of
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Lot 20 thence North 87131313211 East 99.$8
feet along the North line of said Lot# 2
and Ito the Northeast corner of said Lot
1 thence South 242210241 East 138.64 foot'
along the Nast lime
of Said Lot 1 to the
point of Beginning
POLIO NUMBER:
�
01 3136 37 0010
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This instrument prepared by,.
John M. Little, Meq.
L3dM#
225 N.E. 34 St.
Miami, Florida 33137
DEED
Thia Indenture, made this 47, day. of1.9k)
A.D., between
CITY OF MIAMI, Dade County, a Municipal Corporation of the State
,,.,,, of Florida, the party of the first part, and
ST, JOHN COMMUNITY DEVELOPME14T CORPORATION, INC. of the County of
Dade in the State of Florida, the party of the second part,
WITNESSETH: that the party of the first part, for and in con-
sideration of the sum of ten dollars, to it in hand paid by the
said party of the second part, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said party of
the second part, its heirs and assigns forever, the following
described land, to wit:
First parcel
Lot 7 and the West 8 feet of Lot 6, Block 9 of BOST' S
SUBDIVISION Plat Book "B" Page 27 of the Public Records
of Dade County, Florida.
Second Parcel
Lots 2t 3j, 4 and 5 and the East 42 feet of Lot 6 in
Block 9. of BOST'S SUBDIVISION Plat Book "B" at Page 27
I� of the, Public Records of Dade County, Florida.
Third Parcel
0
.. , ,
Lots 1, 21 13, and 14 in Block 1 of SOSTS SUBDIVISION,'
according to the Plat thereof recorded in Plat Book "B"
_
at Page 27 of the Public Records of Dade County, Florida,
E
less and excluding therefrom that portion of Lots 1 and
2 more particularly described as follows:
it
x�
Begin on the East line of said Lot 1. at a point
70. 80, feet: North 2 0 22',0210 West from the Southeast
,:
corner of said Lot 1, thence North 64.02126" West
113.24 feet to the West line of said Lot 2, thence
North 2113313211 West 84.98 feet along said West line,
to the Northwest corner of said Lot 2, thence North
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. 91- 122
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6
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u/-ja•jz" East 99.as reet along the Nortn line or
said Lots 2 and 1 to the Northeast corner of said
Lot 1, thence South 2022102" East 138.64 feet along
the East line of said Lot 1 to.thq Point of Beginn-
ing.
but if the party of the second part fails to complete construction
of the rental housing units on the First and Second Parcels (as is
regui;red by the "Memorandum of Agreement" previously entered into
between the parties) within 24 months of the date of this con-
veyance, the party of the first part may enter and terminate the
estate being conveyed in all three parcels., Likewise, if the party
of the second part fails to complete the construction of multifami-
ly housing units on the Third Parcel within 48 months of the date
of this conveyance the party of the first part may enter and
terminate the estate being conveyed in the Third Parcel. For
purposes of this paragraph, construction will be considered
completed when a certificate of occupancy has been issued by the
relevant unit of local government.
IN WITNESS WHEREOF, the said party of the first party has caused
these presents to be executed in its name by its City Commission
acting by its City Manager, the'day and year aforesaid.
CITY -OF MI MUNIC PAL CORPORATION OF THE STATE FLORIDA
BY: Ion otI ho i
CESAR H . ODIO /(Date)
Y MANA R
ATT 744MAM
HIRAI (Seal)
CITY CLERK
A PROVE TO FORM AND CORRECTNESS
l -1-4 Qc7
J GE L. ERNANDEZ (Date)
CITY CITY ATT EY
STATE OF FLORIDA
COUNTY OF DADE
The for soing strument was.acknowledged befrncipa
n this
�'day `to c , 199 by H. ODIO, City
Manager of the City of Miami, a unty, a M Corporation
of the State of Florida.
VU
s:
Notary Public t�1TARY rwl.IC �frt nV PLADMa
My commission expires", «„f+isstaa EXP. APR.90,1774
ax+neo ri n c mrRa Ins. utm.
91-- 122
}
{ Identification Information (8699,02(2) r * 8. )
E Property Apprailser e Parcel Identification "limbaki.- ,
I i i01-3136-37-0410
LA
01Y-3136-37-0400
i 01-3136-37-0010
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4
'CITY OF MIAMi,
INiWOFFIdi MEMORANDUM •
to: Honorable Mayor and Members.. DATE : JAN 2 9 1991 FILE
of the City Commission
SUBJECT : Resolution Relating to
St. John Affordable
Rental Housing Project
FROM :Cesar i . Odio REFERENCES: City Commission Agenda
City Manager Item/Pebruary 14, 1951
ENCLOSURES:
RECOWUNDATION:
It is respectfully recommended that the City Commission adopt the
attached resolution related to the development of a 35 unit
affordable rental housing project planned in the Overtown
neighborhood by St. John Community Development Corporation. The
attached resolution ratifies and reaffirms Motion No. 88-1069,
adopted by the City Commission on November 8, 1988, whereby the
City Commission approved in principle an amount of $40,000 as the
price to be paid by St. John Community Development Corporation for
the acquisition of City -owned Sites 10 and 11 located in the
Overtown neighborhood, in connection with the aforementioned
housing project. The attached resolution also ratifies and
reaffirms the City Manager's execution of the Purchase and Sale
Agreement and conveyance of Sites 10 and 11 to St. John,.Community
Development Corporation for t-he development of the said housing
project, subject to 'certain terms and conditions as .set forth in
the Memorandum of Agreement dated December 21, 1990, between the
City and St. John Community Development Corporation. The attached
resolution further authorizes the City Manager to execute an
Amendment to the aforementioned Agreement dated December 21, 1990,
Wtich incorporates the requirement for competitive selection of
thgeneral contracting firm to construct the project, in addition
j to' requiring compliance with the Federal Labor Standards'
provisions of the Davis -Bacon Act in connection with the
construction of the proposed housing project.
BACKGROUND:
The Department of, Development and Housing Conservation ,recommends:.
ratification of the attached resolution in connection with the`
development of a 35 unit rental housing project planned by St."
j John Community Development Corporation on City -owned Sites 10_ and.'
ll in`the Overtown neighborhood. The attached'resolution ratifies
and reaffirms Motion No. 88-1069, adopted by the City `Commission"
on November 8, 1988, whereby the City Commission approved in
principle, `an amount of $40,000 as the price :to be paid, by' St
: John Community Development Corporation for, the acquisi:tion,of
City=owned Sites 10 and 11 In 'connection with the aforementioned
j
housing project,
�j
St. John Affordable Rental Mousing project ,
Page � 2 a
The attached resolution further ratifies and reaffirms the City
Manager's execution of the Purchase and Sale Agreement and
Conveyance of City -owned Sites 10 and 11 to St. John Community
Development Corporation, subject to certain terms and conditions
as , set forth in the Memorandum of Agreement between: the City and
St. John Community Development Corporation, dated December 21,
1990. The attached resolution also authorizes the City Manager to
execute an Amendment to the Agreement, which incorporates the
requirement for provisions for the competitive selection of the
general contracting firms and compliance with the provisions of
the Davis -Bacon Act during the construction of the proposed
project.,
In November of 1986, through Resolution No. 86-886, the City
Commission directed the City Manager to proceed in the acquisition
of Sites 10 and 11 located at 1233 Northwest 3rd Avenue, 208-244
Northwest 13th Street and 1300 Northwest 2nd Avenue for the
purpose of developing affordable housing in the Overtown
neighborhood. Subsequently, at the November 8, 1988 City
Commission meeting, representatives of St. John Community
Development Corporation made a personal appearance before the City
Commission to request the establishment of a value for the
purchase of City -owned Sites 10 and 11 from the City for the
purpose of developing affordable housing in the Overtown
neighborhood. As a result, through Motion No. 88-1069, the City
Commission established $40,000 as the purchase price for City -
owned Sites 10 and 11 and agreed to sell the subject parcels to
St. John Community Development Corporation subject to certain
terms and conditions.
To date, St.* John Community Development Corporation has secured
approximately $997,500 in construction and permanent financing
from 'Metropolitan Dade County through the County's Documentary
�3 Surtax Program. The project sponsor has also tentatively secured
�! construction and permanent financing commitments in the amount of
$729,000 and $197,100, respectively, from Safra Bank and a $50,000
loan from Greater Miami Neighborhoods, Inc. to assist in financing`
the proposed housing project.
In November of 1990, St. John Community Development Corporation
i, was notified by the State of Florida Housing Finance Agency that
its application for project financing under the Low Income Housing
Tax Credit Program had been approved by the Agency. As a
requirement to ensure that St. John Community Development
Corporation's allocation for' Low Income Tax Credits would be
available for the project, the Florida Housing Finance Agency
required that St. John secure title to City -owned Sites 10 and 11,
in addition to the expenditure of approximately ten percent (10%)
of the total project cost, prior to December 31, 1990. As a
result, it was critical that the City proceed in selling the #
aforementioned City -owned parcels to St. John Community
{ Development Corporation prior to December 31, 1990.
?i
i!
MIT`
Fill
The attached resolution ratifies and reaffirms Motion No. 88-10690
which approved the selling price of $40#000 for City -owned Sites
10 and 11, in addition to the execution of the Purchase and Sale
Agreement between the City and St. John Community Development
Corporation. 'The attached resolution • further ratifies and
reaffirms the City Manager's conveyance of the subject City -owned
parcels, in addition to the execution of the attached Amendment to
the Memorandum of Agreement between the City and St. John
Community Development Corporation dated December 21, 1990.
City Commission ratification of the attached resolution is
recommended.
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