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Application and Supporting Documents
Syr iyr. ij 6t PlawiV (W) 416-1400 7ww(30S)41&1451_i VIM Mit %at Na : ftoft 3(pmwoum%wscr-own Rmc Nam: XWLA LM 14sme.GRAM Carp uldom sftvm Wc&,,t,,kfik, Addms- 150 West Foaw Succ c1ty: w4wili Sbft- Fbrija 2%x Eox&- Pbw: (30517ML3W RE-7-ft Appl-thm AmfiM6- Pint Nam! I lKr NNW, CGrTuwvd&n: I HaRAND PARK 10215, 111: 4AMMIS: 154PA M-FIA-AIRS11M (lh-! MUM Q40. Ebrit, rip: 4--l-Ms Phone: 410517M,51i ..... ..... Pro" Nanw: HICA H A', D PARK rrujEc[.,wsdM2$: 1020 NW 7 AV cky.- Niou, Saw: Fbnd% 33136 Master RAD Nuribm 013135070010 OF NOTICE PZ-20-7751 02/03/21 Thpl ,ruder dte Aetna} ;�� prr,Nr�, i ikime ttm an toe ilonzeo« ommaaeci �s t� :,cmt eQph�mirxt i€ naxrat b dt r>ar ofrgr knerw4xlg • T1r+r lift wcrlc ur ietuiham wit;�ortlr�C prig 1a dIC ts:KWrx t><a tnadigprmd anNl thtl e11 vNcnic w� be perfitrmtl td R'Ytt the i w°.'w m aH r +s.:rrixm wwk inumve um- w;b me voMr of the Mmi. dt C A) d 1�nn: s oud-% and a5t W= op�r 4Wt mwn. lwtvCtttYs • That aL a bmatim w= wU hC w"rart aid that a work %ia hr dcmv a Wnr<ll'== ,ih al upp"bk iws rCWia[sii{ lUUW lM ant AA% � �}ei 1 y[}�dT r1CiT1�5lt�y ift �� uDt� L�;{�y �x1rCltsi Wlhlfi �Ol ii� 8,j1p1>lP, • Thn there ttsv be ack�Daml pt�ies f0y;ac�i frumixlftr allays • Fen sirel 6e pfid tftv to the review: and kxinttxr ofthe prang. m fmceuwy. • Pwti fees am nor refindandr CIA, ge*al�C ,a„run. Date. L Dm*. NOTICE a Nnti r �I rtb the City of Mlaml CW Th ppl' d tl N' gbobyW reNewme Inbnna9on at the p-, hearing to 2nber a PZ-20-7751 iL, 02/03/21 /il( STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. September 4, 2020 Francisco J. Garcia, Director Department of Planning & Zoning City of Miami 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130 FtoRco NOTICE mis eebmibai needs b be:Ceedntea br a p.bb nearing M amCcordance wM timelines sM forth in the City of Cotle.Theapplirabe dxisi making—y will renew lbe inbnna0on at the pu bbc M1earing to renders recommendation ors fins l d.cid.n. 150 West Flagle 02/03/21 Direct: (3 Fax: (305) = Email: mgralia@stearnsweaver.com Re: Highland Park 1020, LLC — Application for Rezoning (PZ-20-7751) Subject Property: 1020 NW 7th Avenue, Miami, FL Dear Mr. Garcia Our firm represents the owner, Highland Park 1020, LLC ("Owner'), of the property located at 1020 N.W. 71h Avenue, Miami, FL (the "Property'). The Property is bounded on the North by 111h Street, 7th Avenue to the East, 7th Court to the West and 10th Street to the South. Owner intends to redevelop the southern portion of the property abutting 10th Street with a multi -family market rate building with a minimum of eight (8) stories and 118 multifamily units. In order to advance the proposed development concept, the Owner will need to procure a rezoning of the Property's present zoning designation of Urban Center Transect Zone (T5-0) to Urban Core Transect Zone (T6-8-0) (the "Zoning Application"). The Rezoning Application is an extension of an existing transect zone as set forth in Section 7.1.2.8.c.1 of Miami 21. Pursuant to Section 7.1.2.8.c.2(g), the existing condition(s) of the radius properties, those located within % mile of the Property, and their current zoning and FLUM designations are consistent with the Owner's request to rezone the Property to T6-8-0. The Property consists of one parcel as follows: Folio Number Address Lot Size Existing Transect Zone Proposed Transect Zone 01-3135-027-0010 1020 NW 7th Avenue 55,040 sq.ft. T5-0 T6-0 MIAMI • FORT LAUDERDALE • TAMPA • TALLAHASSEE September 4, 2020 Page 2 The Property is currently developed with 12 affordable housing units income, market rate units as shown in the following picture. is kv u QUNML u 2319 Aerial Photography The affordable housing units are located in the smaller structure adjacent to NW 101n Street. Applicant desires to relocate the existing affordable housing units to an area that is currently a City of Miami Right -of -Way known as NW 111" Street that has been abandoned (the "ROW"). The ROW is located in the vicinity of the vacant property immediately north of the Property outlined in blue. The relocated 111" Street is north of the ROW as depicted in the above picture in red. The grassy area in between the relocated 111" Street and the ROW is owned by Miami -Dade County. As such, the Applicant abuts the ROW on the south and Miami - Dade County abuts the ROW on the north. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. September 4, 2020 Page 3 i R,o NOTICE Thls submittal nestle m be scM1.d dto,a p.b hearing —d—IM omen.®1� flnh 11 m° CRY m M.mi C°tle. The applies be tlsisi°n-m ,.g—,- ,e.ewthelnbnn.ti°n Athe ps bb. M1es,ing 1. antler. Applicant has been in negotiations with the County to purchase their%t. °°°°°°p 77 °°°. Z-20-7751 ROW upon vacation. If such vacation occurs and the Property is successfully02/03/21 Applicant would relocate the 12 affordable housing units to that site and increaof affordable housing units to the maximum allowed in the T6-8-O Transec. relocation would allow for the redevelopment of the Property where the existing affordable housing units are located with a residential units adjacent to the Metrorail Station. Prior to platting the Property, the Applicant is required to rezone the property as the Property is within a T5-0 Transect Zone, while the County property is zoned T6-8-0. The parcel that would be created as a result of the vacation of the ROW and platting, cannot split transect zone. Based on the zoning trends, the rezoning the entire site to T6-8-0 is the most desirable transect zone. In the event, that Applicant is unable to vacate the ROW and relocate the affordable housing units to ROW area, Applicant will incorporate the affordable housing units into the new development. In that instance, the tenants would be temporarily relocated during the redevelopment of the Property in compliance with the Extended Low -Income Housing Agreement with Florida Housing Finance Agency. The Agency has preliminarily approved the redevelopment of the existing affordable housing units. As evidenced in the aerial image included in the Rezoning Application, the properties located to the west and north of the Property are zoned T6-8-0. The Property is located within of a mile of a Transit Corridor. The Culmer Metrorail Station is across N.W. 11 Street from the Property. The existing pattern of development north of the Property consists of multifamily residential structures. The change will allow the owner to increase the height and density to provide housing needs within close proximity to a Transit Corridor in compliance with the City's growth strategies. The Rezoning Application request is consistent with the Goals, Objections and Policies of the Miami Comprehensive Neighborhood Plan ("MCNP") as follows: • Policy LU-1.1.7 — The rezoning meets with the intent of Policy LU-1.1.7 by providing housing within close proximity to mass transit and the Miami River Greenway. • Policy LU-1.1.10; HO-1.1.9 and TR-2.1.3 — The Property is adjacent to the Culmer Metrorail Station. The rezoning will allow for increase in density and promote ridership of public transportation. • Goal HO-1 - The rezoning to the T6-8-0 Transect Zone will allow for an increase of the currently existing affordable housing units. The Rezoning Application complies with the following Miami 21 goals and guiding principles: STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. September 4, 2020 • t9R o Page 4 NOTICE Thls submittal neetls t bescM1e—d to,a p.-hearing — d—wllh omeoa®set flnh in the eiy a M ami C°tle. The applira be tlsisi°n--,.g —, - ,er,ewMelnbnn— Athe pu bbn M1ee,ing t. antle,a 1. Section 7.1.2.8 — Zoning Amendment °PZ-2°b°,afi,°t°e`i°°°. Z-20-7751 02/03/21 f.1(a) — As provided above, the relationship of the proposed amendm goals, objectives and policies of the Comprehensive Plan, with appro consideration as to whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code; and other city regulations. f.1(b) — need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary. Q. — Preserve Neighborhoods by providing transitions in scale. The approval of the Rezoning Application will provide a designation that will ensure an orderly transition, which is both consistent with the scale and intensity of the neighborhood and will provide housing needs adjacent to a Transit Corridor. 2. Section 2.1.2.a — Conservation Goals #3 — The property is within % a mile of the Miami River Greenway allowing for easy access to the natural environment. #4 — Approval of the Rezoning Application will facilitate the redevelopment of the Property, which in turn will expand transit usage thereby reducing carbon dioxide emissions. #6 — Redevelopment of the Property, resulting from the approval of the Rezoning Application, will permit the construction of a new Building which will be subject to the green building requirements set forth in Section 3.13 of Miami 21. 3. Section 2.1.3.1 — City Guiding Principles Adoption of the requested amendment will encourage the redevelopment of a presently underutilized site consistent with the surrounding neighborhood's context and character encouraging infill redevelopment. The Rezoning reinforces the pattern of neighborhoods and urban centers, focusing growth at transit nodes rather than along corridors. The proposed development would be within walking distance to a transit stop. 4. Section 2.1.3.3 - Block & the Building Guiding Principles Adoption of the Zoning Application will ensure a harmonious change that will appropriately transition densities and intensities between the T5-0 and T6-0. Therefore, the proposed change advances the very principle advanced in this aforementioned section. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. September 4, 2020 Page 5 For each of the foregoing reasons, we respectfully request the City's approvall Application. Should you have any questions regarding this submittal, please do n contact me at your earliest convenience. Sincerely, ,] M ria A. Gralia #8560007 Q STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. i R,o NOTICE Thls submittal neetic m be scM1.—d for a p.- bearing �mraanu w� omeon®set tens in me eiy mr M1fiami Cotle.Theappli Able p,bb.n- -g1 hotly MII reeew,be lnba—d attbe pe b,c bearing to antlers rsommendalipn mr a final tlecivmn. PZ-20-7751 7�\ 02/03/21 - �' ■ �■ ■ r rc i 1 kpik ■ ■: W I=� r r 1=k Lail do, - =r " s s■ r ii �� i ftfl r r� r r ■ a :� � :ir1 � it ■ as ■ as a p ■ sr r r■ s ■ ri i asr ry a ■ r' ii i ii wi .pi r w � 4r 10! s k k if 1� � ► .a- � r y �1020 NW 7th Avenue . ��� + «� :.�1' y,�► �--f "Facin�gNorth 7 wilt -1 . 11 ? / — ✓ ' ' ' r _ O fw w XL NOTICE M am Eoat RHItdnc NW 9M�St ti iJ 02/03/21 WV t Q +` .tM l� ' ♦ � -+'.sue ` •'•. .. - ,.r a ) �t tom' � � "`�► ' � ' v� •� • `i . ' � . ,'� •� ' - 1 ~� p+y � � ! • i� - i lok 1020 NW 7th Avenue Facing Ski South; ; • - �' Site Photos NOTICE Thls submittal neebs m be scM1.—d for a p.- bea.ing �ptaapu IM omeop® set 1pnn in me eiy pr M ami Cotle.TheappI, be tlsision-maXing hotly MII .eeewibe I nbnnatioe at the pubic M1ee ,to antle.a View of the Property facing north from NW 10th St facing northeast from NW 7th Ct & NW 10th /// p Y g g PZ-20-7751 09/03/91 woo 4 View of abutting properties south of the Property facing southeast from NW 7th Ct & NW 10th St. \� t� IF-10- 1 Site Photos NOTICE AR.� mittal neetls b be scM1e—d br a p.- M1ea.ing pd—wllb omeop®set tgnb ip the C Y a Cotle. The applira He tlsisi°n-making hotlyView of the Pro ert facin east from NW 7th Ct facin northeast from NW 7th Ct & NW p Y g gPZ-20-7751 02/03/21 -M View of abutting properties west of the Property facing northwest from NW 7th Ct & NW 10th St. Site Photos NOTICE Thls submittal neetls b be scM1e—d b, a p.- M1ea,ing �p d—wllb omeop®set tgnb ip the CRY a M ami Cotle. The applira He tl—l--making hotly MII ,eeew Melnbcnation at the pubM1c M1earing to antle,a View of the Property facing west from NW 7th Ave facing northwest from NW 7th Ave & NW 10t °mme ° a"^ettleei�op. P Y g g PZ-20-7751 02/03/21 01 View of abutting property east of the Property facing northeast from NW 7th Ave & NW 10th St. u II • .kip m < n�iQTn NOTICE Mlamlcrd--limelines set forth in the City o oCode. The applluad tlxislon- &a gbogy will renewme inroRna9on at the pub4c hearing to render a recommentladon or a final deciaon. PZ-20-7751 / 02/03/21 .1( EPlan Index 1. PZD-1 Index 2. PZD-2 Pre -Application Meeting Form 3. PAP Signed Rezone Application 4. PZD-3 Signed Letter of intent 5. PZD-4 Application Analysis (3 pgs) 6. V-1 Survey — Pg. 1 7. V-2 Survey — Pg. 2 8. PHO-1 Context Photo 9. PHO-1 Context Photo 10. PZD-5 Current Zoning Map 11. PZD-6 Proposed Zoning Map 12. PZD-8 Legal Description and Sketch of Survey (3 pgs) 13. PZD-HB2 Acknowledgement by Applicant 14. PZD-HB3 Lobbyist Registration 15, PZD-HB4 Affidavit of Authority to Act 16. PZD-HB5 Disclosure of Agreement to Support or Withhold 17. PZD-HB6 Disclosure of Ownership 18. PZD-HB8 Certificate of Status 98624119 Q City of Miami Planning Department Division of Land Dev( LAND USE A lent PRE -AP LAND USE AND ZONING CHANGE PRE -APPLICATION MEETING File ID No.: TBD Wednesday, July 15, 2020 Attendants: NOTICE ills su bminal needs to be scheduled for a a,blic hearing in ccordancee 1 s& forth in the Oty of Miami Cctle. The appliwde tlesision-rna hng botlywill renew Ne information al the pudic hearing to rcnher a recg ndatign ora fnz I de iegn. 7\\ 02/03/21 jam ' Name Email Telephone number Signature 1. Sergio Garrido s arrido miami ov.com 305-416-1405 / �'e Garrido, Sergio 2. Maria Gralia, Esq. mgralia@stearnsweaver.com 305-789-3525 3. Linda Christian Ichristian@steanrsweaver.com 305-798-0466 4. 5. Properties involved: 1. 1020 NW 7 Ave. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. a) Rezoning requested: Same rezoning for all properties b) Is the requested Transect Zone compatible w/existing FLU: Yes c) FLU Change requested: No d) FLU Change required: No Any of the properties involved fall within: 1. A DRI area: No 3. An Historic designated area: No 5. A High Hazard Area No 7. A CRA No 9. Miami River No 11. Little River No 13. An Arch. or Environmental Protected Area: No (*): Confirmation needed 2. Urban Central Business District No 4. Residential Density Increase Areas No 6. Edgewater Intensity Increase Area No 8. Health/Civic Center District No 10. Wellfield Protection Area No 12. Buena Vista Yards Regional Activity Center No LU & ZC Pre-app form 6-25-2020 Page 1 of 6 City of Miami Planning Department Division of Land Dev( General Information LAND USE ent PRE -A Applicant /Property Owner: Highland Park 1020, LLC Contact Info: Owner Representative: Maria Gralia, Esq. Contact Info: mg Commission District: D-5 (Commissioner Keon Hardemon) NET District: Overtown NET Area CORRESPONDENCE TABLE — ZONING AND COMPREHENSIVE PLAN NOTICE Thla au brat [ neeba to be acheba l d for a pu bk hearing rcoMance vi1M bmellnset forth in the Oty W Mlaml Cotle. The appllwdeea dxiaion-_Wng bWy W[[ reMewg�e information al the pudic hearing to rend - recommenaatipn or a fnaI dxison. PZ-20-7751 �\ 02/03/21 Transect Miami 21 October 2009 MCNP Dwelling Units / Acre Transect Zone Future Land Use Max T3 (R, L) Single -Family Residential 9 du/ac Sub -Urban T3 0 Duplex Residential 18 du/ac T4 R Low Density Multifamily Residential 36 du/ac General Urban T4 (L, 0) Low Density Restricted Commercial 36 du/ac T5 R Medium Density Multifamily Residential 65 du/ac Urban Center T5 (L, 0) Medium Density Restricted Commercial 65 du/ac T6-(8 — 48) R High Density Multifamily Residential Urban Core 150 du/ac T6-(8 — 48) L, 0 Restricted Commercial / General Commercial D1 Work Place Light Industrial 36 du/ac D2 Industrial Industrial N/A D3 Marine Industrial N/A T6-80 (R, L, 0) Urban Core Central Business District 1000 du/ac Major Institutional, Public Facilities, CI Civic Institutional 150 du/ac Transportation, And Utilities CI -HD Civic Institution — Major Institutional, Public Facilities, 150 du/ac Health District Transportation, And Utilities Public Parks And Recreation N/A CS Civic Space/Parks Commercial Recreation NIA T1 Natural Conservation N/A LU & ZC Pre-app form 6-25-2020 Page 2 of 6 City of Miami Planning Department Division of Land Development Request ="Summary LAND USE AND ZONING CHANGE PRE -APPLICATION MEETING # Folio No. /Address Lot Size FLU designation Zoning classification (sq. ft) Existing Required Existing Proposed 1 01313502700101 Restricted Commercial Restricted Commercial T5-0 (Urban Center Transect T6-8-0 (Urban Core Transect 1020 NW 7 Ave. Zone -Open) Zone- Open) Sub -Total and Total per request Note: When Lot size are different from the Survey, the information provide in the Survey will prevail. LU & ZC P sfl a O N a N oa n 0 M. O C: - s� ���= m City of Miami Planning Department Division of Land Development ANALYSIS FOR CODE COMPLIANCE Compliance with Section 7.1.2.8 (a) The rezoning requested complies with LAND USE AN PRE-APP Co c9, NOTICE Thla au bmittal neeba to be acheba l d for a pu bk hearing rcoMance vi1M bmellnea set forth in the Oty W Mlaml Cotle. Theappllwde dxiaion-rn WngbWy W[[ reMewg�e information al the pudic hearing to rend - recommenaatipn or a fnaI dxison. PZ-20-7751 �\ 02/03/21 Criteria Yes No Is the rezoning proposed to a lesser Transect Zone? ❑ Is the rezoning proposed within the same Transect Zone to a greater or lesser intensity? ❑ Is the rezoning proposed to the next higher Transect Zone,? ❑ ❑ FIs the rezoning proposed through a Special Area Plan? ❑ TRANSECT ZONE j FLR SUCCESSIONAL ZONE FLR ,r 1 L ` Ti _ 2 _ 1 I N/A T3 r4, C i T4 �I `y CI f T5 16-8, Cl 6 1-6-8 S 1 6-12. Cl 8 16 12 II i i 6 24a, Cl 7 T6 24. 7 1 6' 24b, -T6. 36a, CI _ 16 r6-241D 16 1 6-36a, CI 12 T 6 -36a 12 ( 1-6 60a, Cl 11 T6-48,i 11 T6 60a> Cl 11 T 6-60,1 11 � -1 6-6013, CI 1€3 _ T6-481D 18 T6-60b, CI 18 T6-361, 22 T6-601D, Cl 18 T 6-bob 18 N/A, Cl 16-80 24 N IA, Cl Cl I_ ( ADuttin,Q Zones Cl- I..ID _r6-24 _ D1- T6 8 ", TS, CI, D2 i fT6 8j" or ---all others j D2 I D1, Cl D— 16-8L_ T6-8 O, CI * The Planning Department shall make a recommendation as to which Transect Zone will yield the most coherent pattern given the established zoning pattern and context in the immediate vicinity City of Miami Planning Department LAND USE AN Division of Land Development PRE-APP Compliance with Section 7.1.2.8 (c) The rezoning of property(ies) Involve(s) an extension of an existing Transect boundary Involve(s) more than forty thousand (40,000) square feet of land area Has two hundred (200) feet of street Frontage on one (1) street. Compliance with Section 7.1.2.8 c.2 Note: Yes * implies partially compliance. Some modifications required NOTICE This au bmittatneeas to be a,!,,d, etl for a public hearing rcoMance vi1M bmellnea set forth in the Oty W Miami Cotle. The appllwde tlxiaion--Wng boeywlll reMewg�e informationalthe pu dic hearing rentlere recpmmeneaupnorafnal ae<.iapn. PZ-20-7751 �\ 02/03/21 Attachments Compliance [PZD-3] Signed Letter of Intent Yes [PZD-4] Application Analysis Yes* [V-1, V-2, V-3, and so on...] Survey No [PHO-1, PHO-2, and so forth...] Context Photos Yes [PZD-5] Existing Zoning Map Yes [PZD-6] Proposed Zoning Map Yes [PZD-7] List of All Folio Numbers No [PZD-8] Legal Description(s) & Sketch of Proposed New Zoning Designation(s)/ "Exhibit A" No [PZD-9] Neighborhood Outreach Reports No [PZD-10] Covenant No LU & ZC Pre-app form 6-25-2020 Page 5 of 6 City of Miami o. " Planning Department LAND USE AN Division of Land Development PRE-APP(Leg NOTICE neetls in beachetlalea & a public heaeing e p llud, e�set , inthe W W The appllwde tlxiaipn-rnaltlng badyaWll Questions /Comments• omation a., puck I daigto rentlere premeneaupn o� a foal agiapn. PZ-20-7751 1. Survey must abide the requirements especified in Miami 21 Code, provide Lot size and 02/03/21 2. Regarding to the future development, please note that Miami 21 Code, Sec. 7.1.3.2 (a) 7 Phased phased project is one which, due to its magnitude, has to be developed in stages. Such project shall contain a minimum of three (3) acres of land. Any such project shall establish the maximum development capacity for the subject property. At the time of qualification by the Planning Director and Zoning Administrator, the project shall be owned by a single entity or subsidiaries of one (1) entity and may occupy contiguous lands, separated only by streets or alleys, and will be considered as one (1) project for the purpose of calculating all zoning requirements. A phased project must be qualified by the Planning Director and Zoning Administrator, at the written request of the property owner. 3. May the Applicant want to provide certain restrictions in uses, a voluntarily proffered Covenant will be the appropriate mechanism to make it formal. Staff will not consider the Covenant in it's recommendation, but the boards will. 4. Include in your analysis explanation of why the existing Zoning classification is inappropriate for the subject properties, and how this request will benefit the immediate neighbohood or the entire city 5. Is the surrounding neighborhood an stable residential area or is a changing area?. Check other rezoning request in the area. 6. Staff recommends to reach out the NET Office and the neighbors regarding the proposed rezoning and provide the city with the feedback received. 7. Explain the relationship of the proposed amendment to the goals, objectives and policies of the Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code; and other city regulations (Sec. 7.1.2.8 f). Policy TR-2.7.6, TR-2.1.3, Policy LU-1.1.10, and HO-1.1.9 8. Elaborate in the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary. 9. Revise the LOI incorporating the existing covenant and the strategy to develop the property in compliance with the existing covenant. LU & ZC Pre-app form 6-25-2020 Page 6 of 6 • i 1 I i IN Aw AA �t i • i 1 I i IN Aw AA �t i n Rig - ® �� a -__ - • EXHIBIT "A" `pR • SKETCH & LEGAL DESCRIPTION NOTICErni.eebm�aineetlametlmrapebnM1earin9 1020 NW 7 AVE ma�prtlan�w tlAth.Psbb. hinlheei�pt Miami Cotle. The applira He tlsision-maXing hotly MII reeew Meimm�nation at the pubM1c M1earing to antlers recommendation or a final tlecivon. PZ-20-7751 02/03/21 LEGAL DESCRIPTION: LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9 AND 10, INCLUSIVE, BLOCK 1, MAP OF SPRING GARDEN SUBDIVISIONS NO. 1 AND NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 38, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LESS THE FOLLOWING AREA FOR RIGHT OF WAY: BEGIN AT THE NORTHEAST CORNER OF LOT 1, BLOCK 1, MAP OF SPRING GARDEN SUBDIVISIONS NO. 1 AND NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 38, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 87 DEGREES 52 MINUTES 53 SECONDS WEST, ALONG THE NORTH LINE OF BLOCK 1, FOR 10.00 FEET; THENCE SOUTH 02 DEGREES 01 MINUTES 52 SECONDS EAST, ALONG A LINE PARALLELTO AND 35 FEET WEST OF THE CENTERLINE OF N.W. 7TH AVENUE, FOR 22.55 FEET; THENCE SOUTH 22 DEGREES 38 MINUTES 42 SECONDS WEST FOR 3.59 FEET; THENCE SOUTH 02 DEGREES 01 MINUTES 52 SECONDS EAST, ALONG A LINE PARALLELTO AND 36.5 FEET WEST OF THE CENTERLINE OF N.W. 7TH AVENUE, FOR 179.37 FEET, TO A POINT ON A CURVE, CONCAVE TO THE NORTHWEST, HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 56 MINUTES 40 SECONDS; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE FOR AN ARC DISTANCE OF 39.25 FEET; THENCE NORTH 87 DEGREES 54 MINUTES 48 SECONDS EAST, ALONG THE SOUTH LINE OF BLOCK 1, FOR 36.48 FEET; THENCE NORTH 02 DEGREES 01 MINUTES 52 SECONDS WEST, ALONG A LINE PARALLEL TO AND 25 FEET WEST OF THE CENTERLINE OF N.W. 7TH AVENUE, FOR 230.16 FEET TO THE POINT OF BEGINNING. AND LESS THE FOLLOWING AREA FOR RIGHT OF WAY: BEGIN AT THE NORTHWEST CORNER OF LOT 5, BLOCK 1, MAP OF SPRING GARDEN SUBDIVISIONS NO. 1 AND NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 38, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 52 MINUTES 53 SECONDS EAST, ALONG THE NORTH LINE OF BLOCK 1, FOR 5.00 FEET; THENCE SOUTH 02 DEGREES 01 MINUTES 45 SECONDS EAST, ALONG ALINE PARALLEL TO AND 25 FEET EAST OF THE CENTERLINE OF N.W. 7TH COURT, FOR 205.00 FEET; TO A POINT ON A CURVE, CONCAVE TO THE NORTHEAST, HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90 DEGREES 03 MINUTES 28 SECONDS; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE FOR AN ARC DISTANCE OF 39.30 FEET; THENCE SOUTH 87 DEGREES 54 MINUTES 48 SECONDS WEST, ALONG THE SOUTH LINE OF BLOCK 1, FOR 30.03 FEET; THENCE NORTH 02 DEGREES 01 MINUTES 45 SECONDS WEST, ALONG A LINE PARALLELTO AND 20 FEET EAST OF THE CENTERLINE OF N.W. 7TH AVENUE, FOR 230.03 FEET TO THE POINT OF BEGINNING. THIS IS NOT A BOUNDARY SURVEY, BUT IS A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. NO MONUMENTATION WAS SET DURING THE PREPARATION OF THIS INSTRUMENT. THE UNDERSIGNED & DELTA MAPPING AND SURVEYING, INC. MAKE NO REPRESENTATION OR GUARANTEES AS TO THE INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS -OF -WAY, SETBACK LINES, AGREEMENTS AND OTHER MATTERS, AND FURTHER, THIS INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH SUCH MATTERS. SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY AND/OR EASEMENTS RECORD. NOT VALID WITHOUT THE SIGNATURE AND STAMPED SEAL OF A FLORIDA LICENSED SURVEYOR & MAPPER. DIGITALLY SIGNED PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATUI MUST BE VERIFIED ON ANY ELECTRONIC COPIES. THIS ITEM HAS BEEN ELECTRONICALLY SIGNED & SEALED BY WALDO F. PAEZ, LS3284 ON 08/03/2020 USING A DIGITAL SIGNATURE CERTIFIED BY IDENTRUST.THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY WALDO F. PAEZ. LS3284. ON 08/03/2020 REVISIONS: I DATE: A 107 v I .. A -N0, FICgTF * No. 3284 :1C STATE OF �i.._ SURVE DELTA MAPPING & SURVEYING, Inc 1141a11,,i...I1,Wa11pFPae= JOB No.: 20-0282 LAND SURVEYORS • LAND PLANNERS Waldo F DN—US,o Delta Mapping and S.'v Ymg m SHEET I 13301 S.W 132 Avenue, Suite 117 _A01410C0000016DW2980A FB/PG: N/A Paez 000033CB, cn=Waldo F Paez No.: Miami, Florida 33186 Date: 2020.08.0311:2128-o '00' L.B. No.7950 DRAWN BY: M.G. WALPHONE: (786) 429-1024 FAX: (786) 592-1152 F PAEZ 1 OF 2 Delta Mapping & P.S.M S.M No. 3284 Surveying, Inc deltamapping@gmail.com DATED: 08/03/2020 CKD. BY: W.F.P. EXHIBIT "A" N SKETCH & LEGAL DESCRIPTION 1020 NW 7 AVE I I I II I I 1 I I I I 1 II I 1 II I 1 I I POINT IOF BEGI N NG liiw CO�N�R, J LOT 5 I I I II ' I I LOT 24 LOT 23 I LOT 22 LOT 21 I LO II LTCONSTRLIONANO P.G.L. I LOT 18 LOT 26 I LOT 25 I I I PER CULT. STATION CIVIL 1 I 1 I _M1IT II PLAN 4N I26-22 AOET-NSMIMNE3AVE24 1 FOUO:000-0-022 I I 1 L=139.137', R=340.50 1 I 1 I I I I I d=23`.7'06" I RE�OC tE 15ts BEET N 1 I I 1 1 I (—H I I T=170.67 N.W.11 i R,o NOTICE Thls submittal neetic m be scM1e—d for a p.- M1earing — d—wIM b-L1. )et fgnn in the C[I of M—C—The appI, He tlsision--,.ghotly- 11—Me lnbnn— A the pe Lb. M1earing to antler s rttornmendIb on or a final tlecivon. PZ-20-7751 02/03/21 -N87° �2 53 E 15.00- -�— I I I _ I POIIT OF BEGINNINGI ORNER, LOT 11 / N N VACATED PER NEW N.W.IITHNORTH LINE,PER P.B. 5, PG. 38 52' 53"W STREET ALIGNMENT 58V° 10.00' 2is• 1 i N87"52 5 E 34.34 M 34.30 I S2° 01 52"E 122.55�1 275 Z D ONE0 I -I I rc eC 2 5 ZONED R�H OF -WAY LINE 13 N I I IS22° 38' 42"W �3.59' I PERATIA S ET24R 1 om I\ 1 I II 7s EASTLIN,B CKI PROPOSED RIG�T-OF-WAY UNE I MA/NT(NA�IHS CIE TRICT-VI LINEPERATLASSHE 24RpER F. O.TRIRVI4 FELT/0 83SHE-535 ry,N FILE 994303 SHEEl3 � Ln V O O F- V- 010 I 'S 1� I O 10 I'a 36.s• Ij PROPOSED RIGHT-OF-WAY LINE PER ATLAS SH4ET 24R I I s' I O 1 I I I 11 0 1 I RIGHT TO BE OF-WAYI I RI eE-*wAY ARE TO PROPOSED �1 N 1 , I DEDICATED I N 3 1$ DEDICA D RIIGHT-OF-WAY =1 I �' 11 I I, Z o to 1 51,618± SQ.FT.1 I L,iI N IN I I 1 ��I I of N L� to I I I NCI IN B III o 1 I I I 3 I e In �1m olo 010 II h 1 I in I o l o I I I I I I I I I N I I I I II I I Z I TO BE DEDOTED _ L=39.3�', R=25.00' I I I 11 I I I I I 25 -Q 3 I L=39.25 , R=25.00 y1 I �, 1 L, BLOCK 610 I[TO d=./O°O3I'28" L125"PC 3B I�T= 25.03 1 d- 9°56'40" 1 1 5•I 2S J 20 BE DEDCATED I 1= 24.98 i I I � 175.35' _JI I aE z.3s'(NM8) z3a.3o(P)N8T 54' •-- SOUTH —TH LINE, BLOC K- I N N- 8- 7°5 ) 4E- -3— 6.48' 28.8-R P.B. S, P-75448"E E S87° 54) 4 )W 30.03) - ----- " N.W. IOTH STREET DENOTES RIGHT-OF-WAY LEGEND i F TO BE DEDICATED PG. = PAGE BOOK DELTA MAPPING & SURVEYING, Inc (iXAYHl(; (;ALE JOB NO.: 20-0282 AW LAND SURVEYORS • LAND PLANNERS 50 0 25 50 I 13301 S.W 132 Avenue, Suite 117 1 1 1 FB/PG: N/A SHEET Miami, Florida 33186 NO.: L.B. No. 7950 DRAWN BY: M.G. Delta Mapping & PHONE: (786) 429-1024 FAX: (786) 592-1152 ( IN FEET) 2 OF 2 Surveying, Inc deltamapping@gmail.com 1 TMrT4 — sn FFFT CKD. BY: W.F.P. PDF.js viewer q(':1743k5► X% 9 6 R 5 3 4 6 3 1 1996 Matt 21 16=13 EXTENDED LOW-INCOME HOUSING AGREEMENT THIS EXTE-40ED LOVI, 1'- NCOMF�Q[f511NG AGREEMENT (this "Agreement") is made and entered irHo this fL46day of 19%, between the FLORIDA HOUSING FINANCE AGENCY (the "Agency"), a state agency and instrumentality and a public body corporate and politic duly existing under the laws of the 5tin of Florida, and CENTRAL CITY APARTMENTS. I.TD., a Florida limited partnership (thc "Owner'). WHEREAS. the Agency has been created and organized pursuant io and in accordance with the provisions of the Florida Housing Finance Agency Act. Sections 420.301-420.516. Florida Statutes, as amended (the "Art"), ttnd pursuant to Section 420.5099 orsaid Act, Elie Agency is the housing credit agency for the State of Florida ((he "State") spccifrcally authari7ed by statute to allocate low-income housing credit dollar amounts (-Tax Crcdits") undcr Scction 42 of the Internal Revenue Code of 1986, as amended (the `Code"). and WHEREAS. the Agency has agreed, under certain conditions, to allocate Tax Credits to the Owner in connection with the construction of a multi -family residential rental housing project (the "Project"). known as Highland Ptak Apartments, lusted within Dade Cuunty. Florida {the "County"), the legal description for which is set forth in Exhibit "A" hereto. to be occupied partially (at least forty percent (40%) by individuals whose income is nxty percent (60%) or less of area median grows income within the meening of Section 42(g) of the Codcl'. and WHEREAS. The Owner has made a knowing, voluntary and intelligent ciccuon to waive for thiny-five (35) additional years following the last day of the Compliance Period any prerogative it would have to collect rents on the Low-income Units at rates determined try the rental market except as provided herein in accordance with the requirements pursuant to the Code in return for 1994 Tnc Credits and ns attested and sworn to in the Carryover Allocation Certificate dated December 19. 1 QW. and T1115INSTRUM,ENT PREPARED BY Susan 3 Leigh FLORIDA HOUSINO FINANCE AGENCY 227 North 9ronough Street, Suite 5000 Tallahassee. Florida 32301-1329 {I �raaa r . `- NOTICE cco,dance,—timelines set forth in the CiTy "f Mlaml C... Theappllude tleci-n- Wng bogyW ,eNewme Infonna9on at the p-, hearing t, 2,d,, a PZ-20-7751 7►\ 02/03/21 /il( https://onlineservices.miami-dadecterk.com/officialrecords/pdfjjsviewer/web/viewer.htmi 12/18/2020 PDF. j s viewer orr174X,JM Rcc WHWAS, Section 42 of the Code provides that no Tars Credits shall be allowed with respect to any building unless an extended low-income housing commitment is in effect for such building at the end of such taxable year; and WHEREAS, in order to assure Owner compliance with the provisions of, and to evidence the Owners extended low-income housing commitment as requited by, Section 42 of the Code, the Agency and the Owner have determined to enter into this Agreement in which they set forth certain terms and conditions relating to the Owner's operation of the Project; NOW, THEREFORE, in considcnnion of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Agency and the Owner do hereby contract and agree as follows: Section 1. Definittons and,InterproUtioa. (a) Unless otherwise expressly provided hgrein or unless the context clearly requires otherwise, the following [arms shall have the tespectivc meanings set forth below for all purposes of this Agreement. "Act" shall mean the Florida Housing Finance Agency Act, Florida Statutes, Section 420,501-.516, as emended. "Agency" shall mean the FLORIDA HOUSING FINANCE AGENCY, a state agency and instrumentality and a public body corporate and politic duly existing under the laws of the Stale of Florida, and any agency or other entity of the State of Florida that shall hereafter succeed to the powers, duties and functions of the Agency. "Ci&" shall mean the Internal Revenue Code of 1986, as amended. and any successor statute as it applies to the Tax Credits described herein, together with ail applicabie final, temporary or proposed Treasury Regulations and Revenue Rulings thereunder, Reference in this Agreement to any specific provision of the Code shall be deemed to include any applicable successor provision of such provision of the Code that may apply to the Tax Credits described herein. 11C0MDU " shall mean, with respect to any building that is included in the Project, a period of fifteen (15) years beginning on the first day of the first taxable year of the Credit Period with respect thereto. "County" shall mean Dade County, Florida. NOTICE MlamlcorJance-9me[-f-h �,he C,N Cotle. The appllcade tletislon-making by will renew me inronoe .the putl nearingt,"ntlera PZ-20-7751 7►\ 02/03/21 fill https://onlineservices.mi ami-dadeclerk.com/officia]records/pdfjjsviewer/web/viewer. html 12/18/2020 PDF.js viewer ' • NOTICE �C.1`4aieil' mis snnminal neeasm ne e�nea�ea era pbue nearing wM 9melines set forth in the City of Mlamlcoraance Cotle. The appllcade tlecislon-making bogy will renewme inronnadon at the putl4c nearing to renaar a shad mean, with respect to any building that is included in the Pmjcct. recommentlad"n or a final decia"n. PZ-20-7751 the period or ten (I0) years beginning with (x) the taxable year in which the building is Placed in service. or (y) at the election of the Owner, the succeeding taxable year 02/03/21 "F.rten 1,�„+: l.nw-irifAme stousinQ Aar�,,,__r,rre-•" or " " shall mean this a Extended Low -Income Housing Agrccmeni, as amended or suppicmcnlcd from time to limit. "Eiaended Use Period^ shall mean. with respect to any building that is included in the Project. the period that begins on the first day of the Compliance Period in which such building is pan of the Project and ends on the later of: (i) thirty (30) years after the issuance of the final tax credit allocation with respect to such building (which date is the date specified by the Agency as provided In Section 42(h)(6X13)(ii)(1) ofthe Code), or (ii) that number ofycors after the last day of the Compliance Period far which the Owner shall have set aside a specified number of units in the Project for (.ow-tmsume tenants. cawithstanding anything to the contrary elsewhere in this Agreement. if the Owner has set aside one or more units, in the Project for L,o-Ailrome Tenants in perpetuity., i.e.. fifty (50) years. the 6xterrded Usc Pcriod sha11 continue in perpetuity, i.c., n(ty (50) yearn. "Bross Rena" shall mean any amount paid by a lenani in connection with the occupancy of a Residential Rental Unit. plus the cost or any services that arc required to be paid by a tenant as a condition for occupancy, plus the cost of any utilities, other then telephone. for such unit. If any utilities (other than telephone) arc paid directly by the tenant. "gross rent." also includes a utility allowance determined as set forth in this paragraph. "Gross Rent" does not include any payment under Section it of the united States Housing Act of 1937 or any comparable rental assistance program with respect to such Residential Rental Unit or to the occupants thereof, or any fee for supportive service that is paid to the owner of the unit on the basis of the low income status of the tenant of such Residential Rental Unit by any governmental program of assistance or by any tax-exempt organization if such program or organization provides sssistaew for rent and the amount of assistance provided for rent is not scporuble Pram the amount of assistance provided for supportive services within the meaning of Section 42(IIXUB) of the Code. For purposes of the foregoing, the allowable utility allowance is: (i) the United States Department of Housing and Urban Development ("HUD") utility allowances (except as provided in clause (iv) hereof) in the case ore building whose rents and utility allowances are reviewed by 14UD on on annual basis. (it) the applicable Public Housing Authority ("PHA") utility allowances established for the Section 9 Existing Housing Program (except as provided in clause (iv) hereof) in the case of n budding.occupled by one or moat tenants, meeiving HU13 rental assistance payments ("HUD `renant Assistance"); (iii) in the ease of a building for which there is neither HUD Tenant Assistance. nor an applicable I RID or RD utility allowance- the applicable PHA utility allowance; however, utility allowances based on estimates from total utility providers certifying the estimated costs of all covered utilities for units of comparable size and construction in the county where the building is located, determined in accordance with Internal Revenue Service Notice 89-6. may be obtained, in which case those estimates shall apply to all units of similar sire and rensirtucdon in the building; or (iv) the applicant RD utility allowance in the MM of any Rent -Restricted Unit in a building where either the building receives RD housing assistance (including a building that is HUD -regulated) or any tenant receives RD housing assistance fa 'w s ygyyT httpsa/onlineservices.miami-dadeclerk,corn/officialrecords/pdfjsveewer/web/viewer.htmi 12/18/2020 PDP.j s viewer • NOTICE Orr. Jalp f mssnbmdtalneedtn�sefiea �arnrap bkehearng dmelm�set raft city qr�. l4 nnraaneewi�n n th, of Mlaml Cotle. The appllcade tletislon-making by will renewmeinronnadon at the p.tl clearingt, renaera - (including any Low -Income Tenant receiving HUD Tenant Assistance who resides in a building recommentladon or a final deciaon. PZ-20-7751 where the building or any other tenant receives RU housing assistance). 02/03/21 "t,aw-Income Tenants" shall mean individuals whose income is fi(iy percent (50%) or less of area median gross income (adjusted for family size) within the meaning of Section • 42(k)(I ) of the Code, as the same may he amended from lime to time (hut only to tht; extent such amendments apply to the Pro)ect) In no event, however. shall occupants of a unit be cunsidcmd to be of low income irall the occupants we students (as defined in Section 151(c)(4) of the Code, but excluding from such definition the following (x) single parents who are students with all children also being students and the household receives AFDC payments, (y) if the students are enrolled in certain federal, state or local job training programs and are considered lower income, or (z) for projects receiving credit allocations after June 70. 1992. a housing unit occupied exclusively by full-time students may qualify as lower income if thr, students arc n single parent and his/her minor children and none of the tenants are a dependent of a third patty •'Low-income Unit" shall mean any unit in a building iP. it) the unit is a Rem -Restricted Unit satisfying chic requirements of Sec(ion 2 hereof, and 60 the individuals occupying the unit are Low -Income Tenants (or the unit is held available for rental to Low -Income Tenants if previously rented to and occupied by Low -Income fcnonts) as set forth in Section S(a) hereof. 115JQndQrJng_AZcW" shall meats any monitoring agent uppointcd by the Agency. " wner" shall mean CENTRAL CITY APARTMENTS, LTD., a Florida limited partnership and its successors and assigns as permitted under Section 4 of this Agreement. "B&1RL&AjZ&rlutZ." to a person shall mean a relationship such that the "related person" bears a relationship to such perwn specified in Section 267(b) or Section 707(b)(1) of the Code. or the related person and such person are engaged in trades or businesses under common control within the meaning of Section 52(a)-(b) of the Code, except that for purposes hereof. the phrase "10 percent" shall be substituted for the phrase "50 percent" in applying Section 267(h) and Section 707(b)(I ). r" shall mean a Residential Rental Unit where the Gross Rent with respect to such Unit does not exceed thirty percent (10 0) of the Imputed income limitation applicable to such unit (Dr such higher limitation ns provided by Section 42(g)(2)<L) of the foregoing, the imputed income limitation applicable to a Residential Code). For purposes of the Rental Unit is the income limitation set forth for Low-income or Very Low -Income Tenants occupying the unit if the number of individuals occupying the unit arc (x) one (I ) individual. in the case Of a unit that does not have a separate bedroom. and (y) one and one-half (1.5) individuals for each sepamte bedroom. in the case of s'.nil that has one or mom separate bedrooms. "'it�+rtdeatial Rental l)nkta" shall mean dwelling units made available for rental. and not ownership, by Low-income Tenants and members of the general public, each of which units shall be than on a transient basic together with contain complete living facilities that arc to used other 4 �Y� v httpsa/onlineservices. mi ami-dadeclerk.com/officialrecords/pdfj sviewer/web/viewer. html 12/18/2020 PDF J s viewer f, a NOTICE orf,S{{,JfTVV7 i 1 This submittal neetls 4, lx scM1etluleffor a pu-M1earing ccordancewMtimelines selfort ktg CiTy of MIamIC©e.Theapplludetleision-maNingbogywll reNewmeinbnna9on at tM1e putl4c M1earing to rentlera 1174 rsommentlation or a final tlecitlon. PZ-20-7751 facilities that arc functionally related or subordinate to the living facilities. The units shall at all 02/03/21 times be constructed and maintained in substantial accordance with the applicable building code standards of the County. For proposes of the foregoing, a unit that contains sleeping a accommodations and kitchen and bathroom facilities and that is located in a building used exclusively to facilitate the transition of homeless individuals in independent living and in which a governmental entity or qualified nonprofit organization provides such individuals with temporary housing and supportive services designed to assist such individuals in locating and retaining permanent housing shall not be deemed to be a unit occupied on a transient basis within the meaning hereof "Very LaW-Income Tenant, " shntl mean, with respect to the Owner's satisfying its commitments set forth in its Low -Income I[ousing Tax Credit Application to the Agency, individuals whose income is forty percent (40%) or less of area median gross income (adjusted for fami ly size) as determined in a manner consistent with Section 42(g)(1) of the Code, as the same may be amended from time to time (but only to the extent such amendments apply to the Project). in no event, however, shall occupants of a unit be considered to be of low income if all the occupants arc students (as defined in Section 151(c)(4) of the Code, but excluding from such definition tho following: (x) single parents who are students with all children also being students and the household receives AFDC payments. (y) if the students arc enrolled in certain federal, state or local job training programs and are considered lower income, or (z) for projects receiving credit allocations after June 30, 1992, a housing unit occupied exclusively by full-time students may qualify as lower income if the students are a single parent and his/her minor children and none of the tenums are a dependent of a third pane. (b) All capitalized words and terms herein which are not otherwise defined herein shall have the same meanings ascribed to them in Section 42 of the Code or in Treasury Regulations thereunder. (c) Tire terms and phrases used in the Recitals of this Agreement have been included for convenience of reference only, in the meaning, construction and interpretation ofall such terms and phrases shall be determined by reference to this Section I. The titles and headings in this Agreement have been inscned for t:onvcnicnct: of rcfercmcc only and shall be dccmcd to modify and restrict any other provisions of this Agreement. (d) Unless the context clearly requires otherwise. words of masculine, feminine or neuter gender, as the case may be, shall be construed as including the other gcMers, and words of the singular number shall be construed to include the plural number, and vice versa. This Agreement and all of the terms and provisions hereof shall be construed to effectuate the purposes set forth in this Agreement and to sustain the validity hereof. Section 2. OuaLfled Low-income HoMAlllir Proi ct. The Agency and the Owner hereby declare their understanding and intent that, during the Extended Use Period, the Project is to be owned, managed, and operated as a qualified low-income housing project as such phrase is defined in Section 42(g) of the Code. To that end, the Owner hereby represents, covenants and agrees as follows! https J/onlineservices. miami-dadeclerk. com/oflicialrecords/pdtj sviewer/web/viewer, html 12/ 18/2020 PDF J s viewer f, a NOTICE This submittal neetls 4�be scM1etlule- form In for a punearing ccordance, wM timelines gel ffoe city of Fqu'.1ified Kr• Mlaml C©]e. The appllutlecison-mri,g t hyRCC.1 r4a�JP!'xRMI remewme inmimavon at me punuc nearing m renaer(a) That the Project is being constructed Cnr purposes of providing a qualified PZ-20-7751 -income housing project, and the Owner shall own. manage and operate the Project as a02/03/21 low-income housing project all in accordance with Section 42 of the Code, and (b) "I -hut ulI of the Residential Rental Units in the Project shad be similarly constructed and each such unit shall contain complete facilities for living. sleeping. eating, cooking and sanitation for at least a single individual or a family', provided. however, that a unit that contains sleeping accommodations and kitchen and bathroom facilities and that is located in a building used exclusively to facilitate the transition of homeless individuals to independent living and in which a governmental entity or a qualified nonprofit organization provides such individuals with temporary housing and supportive services designed to assist such individuals in locating and retaining permanent housing shall not he deemed to be a unit occupied on a transient basis within lilt meaning of this Scctioll 2(b); and (c) 'that, during the Extended Use Period, none of the Residential Rental Units in the Project shall at any time be utiWed on a transient basis; except as provided in this Section 2(c), none of the Residential RenW Units in the Project shall ever be (eased or rented for an initial period of less than one hundred eighty (180) days. and neither the Project nor tiny portion thereof shall ever be used as a hotel, motel, dormitory, fmtemity house, sorority house• rooming house, hospital, sanitarium, nursing home, rest home• troller court or trailer park, or health club or recreationat facility (other than recreational facilities that are available only to tenants and their guests without charge for their use and that are customarily found in multi•ramily rental housing projects); provided, however, that a single -room occupancy unit shall not be treated as used on a transient basis merely because it it rented on a month -to -month hasis: and provided further- that a unit that contains sleeping accommodations and kitchen and bathroom facilities and that is located in a building used exclusively to facilitate the transition of homeless individuals to independent living and in which a governmental entity or a qualified nonprofit organization provides such individuals with temporary housing and supportive services designed to assist such individuals in locating and retaining pennaneot housing shall not he dammed to he n unit occupied on a transient basis within the meaning of this Section 2(c); and (d) That, during the Extended Use Period, the Residential Rental Units in the Project shall be leased and rented, or made available for rental on a continuous basis, to members of the gcneml public; and the Owner shall not give preference in renting ilcsidcnlial Rental Units in the Project to any particular class or group of persons, other than Low -Income Tenants or Very Low-income Tenants w% provided in this Agrcemcnl; and (c) Thal the Project shall consist of one (1) or more discrete edifices or other man-made construction, each consisting of an independent foundation, outer walls and roof. and containing four (4) or more Residential Rental Units and functionally -related facilities, all of which shall be: (x) owned by the same person for federal tax purposes; (y) located on a common tract of land or Iwo (2) or more contiguous tracts of land; provided, however, that separate tracts of land that are separated only by a road, street, socam or slmi tar property shall for p4rposes hereof be deemed to be contiguous, and (z) financed pursuant to a common plan of finaneing, and which shall consist entirely of: a t't I.r' . tv ^ter 7 t TTIr 'rl t'c f� S` r lri*tf '» 4 NO littps://oni1 neser-vices,miam't-dadeclerk.com/official records/pdfjsviewer/web/viewer.html 12/19/2020 PDFJs viewer „a NOTICE fy, ( _�,I(tj ennmittal neeasm �senea�ltamr a p�tluea,ing ccordance.wMtimelines se11ort Ci of kthe Mlaml C©]e. Theappllu de tlecision-m,I,g t ,dwill reNewme intonna9on at the putlnc nearing to rewtler a rsommentlation or a final tlecitlon. PZ-20-7751 (1) Two (2) residential buildings comprised of thirty-five (35) residential units, consisting of twenty-four (24) two- bedroom, one -bath units 02/03/21 cnmprising Ll47 square feet each. and eleven (11) three.lxdrnem_ twn. bath units comprising 1.156 square feet each; and • (2) Residential Rental Units which arc similar in quality and type of construction and which will include the following amenities: laundry hookups in each unit, air conditioning, energy features, microwave oven, security features, vertical blinds, and for clderly/lumdieappedidisablcd tenants, bathrooms in set aside units meet handicapped accessibility standards, no inlcrnnl stairways in sct-aside units, and all set -aside units on first floor ur accessibte by elevator: and (3) Facilities funclinnaliy related and subordinate in purpose and size to the property described in Section 2(cl(2) above, which will include a playgroundilot lot, community room and an area for agricultural/fishing equipment storage on -site (none of which may be unavailable to any person bccuuse such person is a LOW -or Very Low -Income Tenant) and other facilities that are reasonably required for the Project_ (f) That, during the Fxtended Use Period, the Owner shall provide the following tenant programs: day card, coumscling, educational courses, job (ruining and tenant activities. Additionally, the Owner will offer financial incentives to qualified tenants wishing to move into home ownership in the form of, 1) DBA mortgages - 0% interest first mortgages, 2) AHP funds - to reduce the first mortgage debt by buying down the mortgages to a debt level which is appropriate for the family, or 3) HOPE 3 program - purchases foreclosed properties directly from FHA. substantially rehabilitates and then holds second mortgages in the amount needed to make them affordable to low- and very -low-income families; and (g) That, during the Extended Use Period, the Project shall not include a unit in a building where all Residential Rental Units in such building arc not also included in the Project; and (h) That, during the Compliance Period. the Owner shall not convert the Project to condominium ownership; and (i) That, during the Compliance Period, no per of the Project shall at any time be owned or used by a cooperative housing corporation; and 0) That, during the Extended Use Period. no unit in the Project shall be occupied by the Owner or a Related Person to the Owner at any time (x) unless such person resides in a unit in a building or structure which contains at least five (5) Residential Rental Units, or (y) except as provided in Section 42(i)(3)(E) of the Code; and https-.//onl[neservices.mIami-dadecierk.com/0ffiC1alrecords/pdfjsviewer/web/viewer. tm] 12/18/2020 PDF.js viewer „a NOTICE °Fc.17rr Thissabm� a needsm b eebetle�a n,a p bNc bea,ing cco,dance.wMtimelines set tort), in the CiTy of Mlaml Cotle. The appllude tlecision-maNing bogy rAll reNewme intonna9on at tfie putl4c �earing to antler a \ rsommentlation orafinal tlecitlon. (k) That, during the Extended Use Period. Owner shall not refuse to lease a unit to a PZ-20-7751 / holder of a voucher or cenifteate of eligibility under Scction 9 or the United States Housing Act 02/03/21 f of 1437 because of the status of the prospective tenant as such a holder. (1) 7 hat the Owner shall not discriminate on the basis of age. race, creel, rcligian, color, • sex, marital status, family stutus, handicap or national origin in the lease. use or occupancy of the Project or in connection with the employment or application for employment of persons for tltc operation and manngement of the Project; provided, ho",er, that nothing herein shall be deemed to preclude the Owner from discrimination based on income in renting Residential Rental Units set aside for f.ow-Income Tenants or for Very Low -Income Tenants in compliance with the requirements of the Code; and (m) That the Owner shall submit the certificate with respect to the first year of the Credit Period and such annual repnrts to the Secretary of the Treasury as required by Seciinns 420)(1) and (IX2) of the Code and deliver a copy thereof to the Agency and to the Monitoring Agent. and shall submit such information to the Agency as the Agency may request in order for the Agency to comply with Section 42(1)(3) of the Code and for the Agency to monitor the Owner's compliance with Section 42 of [tic Code, the Agency's rules and rogulations codified at Florida Administrative Code. Chapter 91-33, and the provisions of the Agreement: and (n) That, during the Extended Use Period, the Owner shall comply with the following commitments that were the basis of the Agency's competitive scoring and ranking of the Owner's application for T tax. Credits in satisfaction of the Agency's responsibilities tinder Section 42(ra) of the Code, and as required by the Agency's rules and regulations implcmenoing such responsibilities. Florida Administrative Code, Rule 91-33.0I0k(l): (i) Notwithstanding SWion 3(a) below to the contrary, commencing with the issuance of the first ceriificute of occupancy for any building included in the Project, at least one - hundred percent (100%) of the occupied and completed Residential Rental Units included in the P%)cct shrill be occupied by and rented to Low- and Very Low -Income Tenants or held available for rtmal to Low- and Very Low -Income Tcnants. (ii) In addition to the requirementc set forth in Section 2(n)(i) above and in Section 3(a) below, commencing with the issuance or the first certificate oroccupancy for any building included in.thc Project. at least twenty percent (20%) of the occupied and completed Residential Rental Units included in the Project shalt be occupied by and rented to persons with incomes which do not exceed forty percent (40%) of the area rrtcdian income (adjusted for family size). (iii) For purposes of complying with the requirements set forth in Section 2(n)(i) and I ii) above, if the income of an individual of family resident in a Residential Rental Unit did not exceed the applicable income limit (adjusted for family size) at the commencement of such residents occupancy, the income of such individual or family shall be trcalcd as continuing to not exceed the applicable income limit as long as such Residential Rental Unit remains a Rent -Restricted Unit. The preceding sentence shall cease to apply to any individual or family a, �tarrirt�l `.. I ../ri w til,t�J ° A:t i is c,.rlF c https://onlineservices.miam1-dadeeIerk.com/offieialrecord&/pdf sviewer/web/viewer.html 12/19/2020 PDF j s viewer NOTICE ofr.l^�4F.r�/�) fs.;.Ulh7 rnsseb dial eedem�eenede d�.ap behead g ..da��wanameim f.ftnlaneGrim Mlaml Cotle. Theappii.de decision- kiN gbogy WLI r ,eNewthe Inb, 11 atthe pubic hearingto re,d,,a commend de o,an a dee;9g whose income, as of the most recent determination, exceeds one -hundred -forty percent (140%) PZ-20-7751 of the applicable income limit (adjusted for fancily s17k ). if after such determination, but before 02/03/21 the next income determination, any Residential Rental Unit ofcomparable or smaller size in the building is occupied by a new individual or family resident whose income exceeds the applicable income limit (adjusted for family size) for Low -Income Tenants or Very Low-income Tcnunts, as the case may be. (iv) The Owner shall obtain from each t ow -income Tenant and Very Low-Incomc Tenant and maintain on file an Income Certification pursuant to the requirements and procedures found in the Low -Income Rental Rousing Tax Crcdii Compliance Manual immediately prior to the initial occupancy ofa Residential Rental Unit in the Project by such tenant The Owner shall also obtain. at least annually thereafter, and maintain on file an Income Certification from each Low -Income Tenant and Very Low -Income Tenant (and from each tenant whose income is treated as continuing not to exceed the applicable income limit as provided in Section 2(n)(i) and (ii) above) to determine whether the then current income of such tenants (Or such tenants whose income is treated as continuing not to exceed the applicable income limit as provided in Section 2(n)(i) and (ii) above) residing, in the Project exceed the applicable income limits, adjusted for family size In addition, the Owner shall require each Low -Income Tenant and Very Low-Incomc Tenant for tenant whose income is treated as continuing not to exceed the applicable income limit as provided in Section 2(n)(i) and (ii) above) to notify the Owner of any material change of information in his. her or their, as the case may be. most recent Income Certification. The Income Certification shall be in the form and contain such information as may be required by the policies of the Agency, as the same may be, from time to time, amended by the Agency on the advice of Counsel- For all projects receiving Tax Credit allocations since January 1, 1997, the Owner shall submit Program Reports, Recap of Tenant Income Certification information and Annual Owner Compliance Certification annually throughuut the Compliance Period- The initial reports shalt be submitted to the Agency not later than thirty (30) days aflcr final allocation is made. Subsequent reports shall be submiued to the Agency annually on a date assigned by the Agency. in addition, the Owner shall submit the Program Report. Recap of Tcnani Income Certification information and copies of Tenant income Certification for at least ten percent ( 10%) of the lower -income units in the project to the monitoring agency annually. Additional reports and information shall be submitted to the Agency ai such other times as the Agency may, in its sale discretion. request. (v) The Ow•ncr shall maintain complete and accurate records pertaining to the Residential Rental Units occupied by and rented to (or held available for rental to) Low-income Tenants and Very Low-income Tenants for at least six (h} years following the indicated date of each such record and shall permit any duly authorized representntivc of the Agency or the Monitoring Agent, to inspect the books and records of the Owner pertaining to the Income Certification: and income substantiation materiels of Low-Incomc Tenants and Very LOW -income Tenants (and such tenants whose income is treated as continuing not to exceed the applicable income limit as provided in Section 2(n)(i) and (it) above) residing in the Project upon reasonable notice and atreasonable times. `�s��dl aP % t 1 Y 'Ira >♦. r a j#t�t�A4�5 https://onlineservices.mlam1-dadvclerk.Qom/officialrecords/pdfjjsviewer/web/viewer.htmi 12/18/2020 FDF.js viewer r • .. a NOTICE RCC.ae�a m,a p-tlNenwforth in theCTyCotle. The appllude decison-maNingbogywillinfonnatloat thepuegto2ntlrsommenaati_or(vi) The Owncrshalt immediately notify the Agency and the Monitoring Agent if F.,.g..' PZ-20-7751 ny time the Residenlial Rental Units in the Project are not occupied or available rot 02/03/21 upancy as provided in Section 2(ngi) and (it) above. Section 3. Lo -and Via ow -Income eflaets.Lai+- gad Very Lbw-Incame Unirdcr to satisfy the requirements of the Code, the Uwrter hereby represents. covenants and es that. during the Extended Use Period: (a) Not later than the close of the first (1 st) year of the Credit Period for each building included in the Project, at least forty percent (41M) of the occupied and completed Residential Rental Units included in the Project shall be hoth Rent -Restricted Units and rented to and occupied by Low -Income Tenants, and after the initial rental occupancy of such Residential Rental Units by Low-focomc Tcnanls. at least forty percent (40%) of the completed Restdcntial Rental Units in the Project at all times shall be both Rent -Restricted Units and rented to and occupied by (or held available for rental to, if previously rented to and occupied by a Low -Income Tenant) Low-income Tenants as required by Section 42(g)(1) of the Code. At least onc-hundred percent (I O(Wo) arthc dwelling units must be occupied and rented to Low- and Very Law -income persona. Not less than twenty percent (20%) of the units in the projcct shall be lensed, rented at made nvailahle an n continuous basis in persons or households whose incomes are ropy percent (40%I or less of the area median income (adjusted for frttnily size), and not less than eighty percent (90%) of the remaining units in the project shall be leased, rented or made availabte on a continuous basis to persons or households whose incomes are fifty percent (50%) or less of the area median income (adjusted for family size), as determined by IIUf). The gross monthly rents for all units shall not exceed thirty percent (300/6) of the imputed income limitation applicable to such unit as defined in Section I (a). For purposes of complying with the foregoing requirements, if (x) the income of an individual or family resident in a Rent -Restricted Unit did not exceed the applicable income limit (adjusted for family size) at the commencement ofsuch resident's occupancy and (y) such unit continues to be a Rent-Restrictcd Unit, the income of such individual or family shall be treated as continuing to not exceed the applicable income limit. The preceding sentence shull cease to apply to any individual or family whose incomc, as of The mast recent dctcl'minalion, exceeds one hundred forty percent (140%) ofthe applicable income limit (adjusted for family size) if, after such dctermination, but before the next income determination, any Residential Rental Unit of comparable or smaller size in the building is occupied by a new individual or family resident whose income exceeds the apphcahle income limit (adjus(ed for family size). (b) During each taxable year in the Extended Use Period, the applicable fraction (ns such icon is defined in Section 42(c)(B) and is used in Section 42(h)(6) of Code) shall not be less than the smaller of: (i) the unit fraction or 00 the floor space fraction (as such terms arc defined in Sections 42(c) of the Code). (c) The Owner shall not evict or terminate the tenancy of any tenant (including any Icnant whose income is (trailed as contintrktg not to exceed the applicable income limit as provided in Section 3(a) above) ofany Low-income Unit in the Project, ocher than for good 10 https;//onlineservices.miami-dadecierk.com/oficialrecords/pdfjsviewer/web/viewer.htm] 12/18/2020 PDFJs viewer OFF .l"244 r pt'• cause. or increase the Uross Rent with respect to such Low -Income Units in excess of the amount allowable as Rent -Restricted Units. (d) -1-he Owner shall obtain from each Low -Income Tenant and Very Low -Income Tenant and maintain on file an Income Certification pursuant to the requirementA and procedums found in the Low -Income Rental Housing Tax Credit Compliance Manual immediately prior to the initial occupancy of a dwelling unit in the Project by such Low -Income Tenant and Very Low -Income Tenant. The Owner shall also obtain, at (cast annually thereafter, and maintain on fete an Income Certification from each Low -Income Tenant and Very Low-Incoine Tenant (and From atieh tenant whose income is treated as continuing not to exceed the applicable income limit as provided in Section 3(a) above) to dclermine whether the then current income of such Low -Income Tenants or Very Low -Income Tenants (or such tenants whosc incomes am treated as continuing not to exceed the applicable income limit as provided in Section 3(a) above) residing in the Project exceed the applicable income limits, adjusted fur family size. In addition. the Owner shall require each Low-Incomc Tenant and Very Low -Income Tenant (or tenant whose income is [mated as continuing not to exceed the applicable income limit as provided in Section 3(a) above) to notify the Owner orany material change of information in his, her or their. as the case may be. most recent Income Certification. The Income Certification shall be in the form and contain such information as may be required by the Code and the policies of the Agency, as the same may be from time to time amended by the Agency an the advice of Counsel. or in such other form and manner as may be required by applicable rules, rulings, pmcr:dums. official statements. regulations or policies now or hereafter promulgated or proposed by the Department ofthe Treasury or the Intemal Revenue Service with respect to Tax Credits. VOr all projects receiving Tax Credit allocations since January 1. 19gi, the Owner shall submit Program Reports. Recap of Tenant Income Certification Inforrnatiorl and Annual Owner Compliance Certification annually throughout the Compliance Period. The initial reports shall be submitted to the Agency not later than thirty (30) days ancr final allocation is made. Subsequent reports shall be submitted to the Agency tutnuaily on a date assigned by the Agency. In addition, the Owner shall submit the Program Report, Recap of "tenant Income Certification Information and copies of Tenant Income Certification for at least ten percent (low,) ofthe lower -income units in the project to the monitoring agency annually Additional reporls and information shall be submitted to the Agency at such other times as the Agency may, in its sale discretion, request. (e) The Owner shall maintain complete and accurate records pertaining to the Low-income Units and Very Low -Income Units for at least six (6) years following the indicated date crouch such record and shall permit any duly authorized representative ofihe Agency- the Monitoring Agent, the Department of the Treasury or the Internal Revenue Scmcc to inspect the books and records of the Owner pertaining to the Incomc Cenitications and innate substantiation matenals of Low-Incomc Tenants (and such tenonm whose income is trrnted as continuing not to cxcced the applicable income limit as provided in Section 1(a) ahovel residing in the Project upon reasonable notice and at reasonable times. (f) The Owner shall immediately notiry the Agency and the Monitoring Agent if at any time the Residential Rental Units in the Project tore not occupied or available for occupancy as provided in section 3(a) above, 11 r tj`r, irfJ„ a .�t.•r�aµx F:•_ . ,- NOTICE ccordance.wMtimelines set forth in the CiTy of Mlaml Cotle. The appllude tlecision-maNing bogy rAll reNewme intonna9on at tr,e putl4c �earing to rentler a PZ-20-7751 7►\ 02/03/21 /il( https: Pon] ineservices.miami-dadeclerk. coin/off icia]record s/pdfjsviewer/web/viewer. Mini 12/19/2020 PDF.js viewer °i r:1743,L ►,,'tM (g) Notwithstanding anything elsewhere in the Agreement, the Owner undertakes, agrees and covenants that the Extended Use Period shall continue for perpetuity, i.e.. fifty (50) years, so Iha( its obligation to set aside the one -hundred percent (100 a) of the Rent Restricted Units for 1 ow-Incorne Tenants or Very Low-income Tenants shall likewise continue for perpetuity, i,c., fif(y (50) year' Section 4. (a) The Owncr shall not enter into a sale, lease, exchange. assignment. conveyance, transfer or other disposition (collectively, a "Disposition") of the Project or any building in the Pnoect. (i) unless such Disposition is of all of a building in the Project, and (ii) without prior written notice to the Secretary of the Treasury and to th¢ Agency, and the compliance with all rules and regulations of the Department of the Ttcacuny and the Agcncy appSicable to such Disposition. The Owner shall notify the Agency in writing of the name and address ofthe person to whom any Disposition has been made within fourteen (14) days alter the date thereof. It is hereby expressly stipulated and agteed that any Disposition of the Project or ofany ny building in the project by the Owner in violation of this Section 4 shall be null, void and without effeci, shall cause a reversion of title to the transferor Owner, and shrill be ineffective to rclicvc the Owner of its obligations under this Agreement. The Owner shall include, verbatim or by incorporation by reference, all requirements and restrictions contained in this Agreement in any deed or other documents transferring any interest in the Project or in any building in the Project to any other person or entity to the end that such transferee has notice of and is bound by such restrictions. and shall obtain the express written assumption of this Agreement by tiny such transferee. (b) The restrictions contained in Section 4(c) shall not be applicable to any of the following: (11 any vonsfer pursuant to or in lieu of a foreclosure or any exercise of remedies (including, without limitation. foreclosure) under any mortgage on the Project: provided, however, that neither the Owner nor any Related Person to the Owner shatl acquire any interest in the Project during the remainder of (he Extended Use Period; (2) tiny sate, transfer. assignment, encumbrance or addition of limited partnership interests in the Owner; (3) grants of utilityrclated easements and governmental casements. shown on the title policy approved by the Agency and any other casement and use agreements which may he consented to by the Agency and service•relsied leases or easements. such as laundty service lewus nr television enhle casements, over portions of the Project; provided, hnu-ever, the same are granted in the ordinary course of business in connection with the operation of the Project as contcmplatcd by this Agreement; (4) leases of apartment units to tenants, including Very Low -Income Tenants, in accordance with this Agrecmem (5) any sale or conveyance to a condemning governmental authority as a direct result of a condemnation or a governmental taking or a threat thereof, (6) the placing of a subordinate mortgage lien, assignment of leases and rents or security interests on or pertaining to the Project if made expressly subject and subordinate to this Agreement, or (7) any change in allocations or preferred return of capital, depreciation or losses or any final adjustment in capital accounts (all of which mny be freely transferred or adjusted. by Owner pursuant to Owvrtcrs partnership agreement) 12 77 '.. A.. NOTICE ccordance.wMtimelines set forth in the CiTy of Mlaml Cotle. The appllude tlecision-maNing bogy rAll reNewme intonna9on at tr,e putl4c �earing to rentler a PZ-20-7751 7►\ 02/03/21 /il( https-//onl1neservices.miam1-dadeclerk.corn/officialrecords/pdfjj sviewer/web/viewer.html 12/18/2020 PDF j s viewer • P + NOTICE �'� / `W'��"VV,+• NN • This submdtal needs to be schetlu fnrz pubk hearing cnrdance wilFi4melin�sN fnnh in the City& Mlaml Cotle. The appllcade tlecislon-making by will renewme inronnaeon at the pub4c fearing to render a Section 5. Project Within AgenCy'R Jurisdiction. The Owner hereby represents and recommentlation or a final deciaon. PZ-20-7751 wnrtants that each building in the Project shall be located entirely within the limits of the Cnunly, 02/03/21 Section 6. Tcrtmo(lhis Aareetnent (a) This Agreement shall become effective upon Its. execution and delivery. and shall remain in full force and erfeet until the expiration of the Extended Use Period or except as otherwise provided in this Section 6. Upon the termination of this Agreement, upon request of nay party hereto, the Agency and the Owner or any successor party hereto shall execute a recordable document prepared by the Agency or its Counsel further evidencing such termination. (h) The restrictions contained in Section 2 and Section 3 of this Agreement regarding the use and operation of the Project and of each building in the Project shall automatically terminate in the event of involuntary noncompliance caused by fire, seizure. requisition. foreclosure or transfer of title by deed in lieu of foreclosure to an entity other than the Owner or a Related Person of the Owner (except as may otherwise be determined by the Secretary of the Treasury). change in a federal law or an action of a federal authority after the date hereof which prevents compliance with the covenants expressed herein. or condemnation or similar event (as determined by the Agency upon the advice of Counsel). in such event, upon the request and at the expense of the Owner, the prudes hereto shall execute an appropriate document in recordable funs prepared by the Agency or its Counter to evidence such automatic termination_ This Section 6(b) shall not apply (and the restrictions contained in Sections 2 and 3 shall thereafter apply) to the Project in the event that, subsequent to any involuntary noncompliance as described in this Section 6(b) but prior to the expiration of the Extended Use Period, (x) a Related Person to the Owner obtains an ownership interest in the Project for tax purposes, or (y) the Secretary of The treasury determines that such foreclosure or imnsret ortitle by dr,cd in lieu of foreclosure it pan of an arrangement to terminate this Agreement. (c) The restrictions contained in Section 2 and Section J of this Agreement regarding the use and operation of the Project and of each building in the Project shall remain in perpetuity, i.e., fifty (50) years. (d) Notwithstanding the termination of the restrictions contained in Section 2 and Section 1 prior to the expiration of the Extended Use Period, the Owner (including any successor or assignee of the Owner) shall not, pnur to the end of the three (3) year period foil owing such termination: (i) evict or terminate the tenancy ofany existing tenant (including any tenant whose income is treated as continuing not to exceed the applicable income limit as provided in Section 3(a) above) of any Low-income Unit or Very Low -Income Unit, other than for good cause, or (ii) increase the Gross Real with respeet to such Low -Income Units or Very Low-income Units in excess of the amounts allowabie as Rent -Restricted Units (c) Notwithstanding any other provisions of this Agreement, this entire Agreement, cr any of the provisions or sections hereof, may be terminated upon agreement by the Agency and the Owner if there shall have been received an opinion of Counsel to the Agency that such termination is permined under Section 42 of the Code. 13 https://onlineservices.miami-dadeclerk com/atficialrecords/pdtjsviewer/web/viewer.htm1 12/18/2020 PDF.js viewer Y NOTICE OFF , 174 Pr` OiB REC. ` This submittal neetls 4� be scM1etluled for a public M1earing cord.nc p li. di ess fo—kfth ifthn eciTy of Mlaml Cotle. The applluae tlecision-_.Ming bogy rAll femewmeimm�navon v me public hearing to mnbefa Section 7. TridamniIIe4rian. The Owner hereby covenonts and agrees to indemnify and r�ommenbason or a enai tleci— PZ-20-7751 hold the State. the Agency and the Monitoring Agent. and their respective members, directors, 02/03/21 officers, employees, attorneys, agents and representatives {any or all of the foregoing collectively referred to as the "Indemnified Persons") harmless from and against any and ail losses. damogcs, judgments (including specifically punitive damage awards), arbitration awards, amounts paid in settlements, costs and expenses and liabilities nfwhatsocver nature or kind (including. but not limited to, reasonable attorru>ys fees. whether or not suit is brought and whether incurred in connection with settlement negotiations, investigations of claims, at trial, on appeal, in bankruptcy or other creditors' proceedings or otherwise, expert witness fees and expenses and coup costs) directly or indirectly resulting from, arising out or or in connection with any act or omission to act by the Owner or any of its partners, directors, officers, employees. attorneys or agents or other persons under direct contract to the Owner or acting on its behalf, resulting from. arising out of or relating w (i) the granting of (or failure to giant) any loos -income housing tsar credits, (ii) the interpretation or enforcement of any provision of this Agreement (including but not limited to any action by any tenant to enforce the provisions hereof), (iii) any written slatcrrtertts or repreecntalions made or given by the Owner or by any partner, director, officer, employee, attemey or agent of the Owner or by any person under direct contract to the Owner or acting on the Owner's behalf to any person to whom the Owner 'sells or oilers to sell any lntem.91 in low-income housing tax credits. or (iv) the design, construction. installation, operation. use, occupancy, maintenance or ownership of the Project. Each @ndemnificd Person will promptly, and alter notice to such Indemnified Person (notice to the Indemnified Persons being serviced with --uspecl to the filing of an illegal action. receipt of any claim in writing or similar form of actual no(ice) of ony claim as to which he asserts a right to indemnification, notify the Owner of such claim. Each Indemnified Person will provide notice to the Owner promptly. but in no event later than seven (7) days following his receipts of a Ming relating to a legal action or thirty (30) days following his receipt of any such other claim. If any claim for indemnificot ion by one or more Indemnified Persons arises out of a claim for monetary damages by a person other than the Indemnified Persons. the Owner shall undertake to conduct any proceedings or negotiations in connection therewith which are necessary to defend the Indemnified Persons and shall take all such steps or proceedings as the Owner in good Faith deems necessary to settle or defeat any such claims, and to employ counsel to contest any such claims; provided, however. that the Owner shall reasonnbly consider the advice of the Indemnified Persons as to the defense of such claims, and the Indemnified Persons shall hove the right to participate, at their otvn expense, in such defense. but control of such litigation and settlement shall remain with the Owner. The Indemnified Persons shall provide all reasonable cooperation in connection with any such defense by the Owner. Counsel (except as provided above) and auditor fees, filing fees and court fees of all proceedings, contests or lawsuits with respect to any such claim or asserted liability shall be borne by the Owner. If any such claim is made hereunder and the Owner does not undertake the defense thereof. the Indemnified Persons shall be crimted to control such litigation and settlement and shall be cnuricd io indemnity for all costs and expenses incurred in connection therewith pursuant to the terms of this Section 7. To the extent that the Owner undertakes the defense of such claim., the Indemnified Persons shall be W, r https://onlineser-vices.miami-dadecierk.com/officiatrecords/pdflsviewer/web/viewer.htm] 12/19/2020 PDF.js viewer IF + NOTICE Orr .�74 �f'f 19 xtc. ms=nbmaaln°eew�fime ^olnnanth,CIN g Mlaml Cotle. The appllcadetl islon-making bogywll renewme inronnadon at the pads, hearing to render a entitled to indemnity hereunder only to the extent that such defense is unsuccessful as determined recommentladon or a final deciaon. PZ-20-7751 by a final judgment of a court of competent jurisdiction, or by written acknowledgment of the 02/03/21 panics. The Owner reserves the right to appeal any judgment rendered. Section 8. kkl#Yncc. The Agency and the Owner hereby recognize and agree that the • representations and covenants set forth herein may be relied upon by all persons interested in the legality and validity of the Owner's use of the Tax Credits. In performing their duties and obligations hereunder, the Agency may rely upon statements and certificates of the Owner and Low -Income Tenants believed in good faith to be genuine and to have been executed by the proper person or persons, and upon audits of the books and records of the Owner pertaining to occupancy of the Project. No interlincation or manual alteration to the typed version of this Agreement shall he permitted unless initialed by all parties to the Agreement, in addition, the Agency may consult with counsel. and the opinion of such counsel shall ba full and complete authorization and protection with respect to any action taken or sufTered by the Agency hereunder in good faith and in conformity with the opinion of such r,ouaacl. The 0"er shall reimburse the Agency for reasonable attorneys fees and expenses incurred in obtaining the opinion of such counsel. In performing its duties and obligations hereunder, the Owner may rely upon certificates of Low -Income Tenants reasonably believed to be genuine and to have been executed by the proper person or persons. The Owner may rely on the rules. regulations. guidelines and policies of the Agency. the Ucpnriment of the Treasury, and upon rw, onublc interpretations of the same. Section 9. Enforcement nv the Agency ant by T nan ■. if the Owner defaults In the per(prinance of its rlbllga(tons under this Agreement or breaches any t:ovenanc, agreement or warranty of the Owner set forth in this Agreement, and if such default or breach remains uncured fora period ofsixty (60) days (or ninety (90) days for any default not caused by a violation of Section 2 or 3 hereof) after written notice thetcof shall have been given by the Agency to the Owner (or for an extended period approved in writing by Agency Counsel (x) if such default or breach stated in such notice can be corrected. but not within such sixty (60) day (or ninety (90) day) period, and (y) if the Owner commences such correction within such sixty (60) day (or ninety (90) day) period and thereafter diligently pursues the same to completion within such extended period), then the Agency shall give notice of such default or breach to the Internal Revenue Service and may terminate all rights of the Owncr under this Agreement. and the Agency may take whatever other action at law or in equity or otherwise. whether for specific Performance of any covenant in this Agreement or such 3ther remedy as may be deemed most effectual by the Agency to enforce the obligations of the Owner under this Agreement. Notwithstanding any of the foregoing, the Agency shall have the right to seek speciftc pCrforirtalCC of any of the covenants, agreements and mquimmenta of this Agreement concerning the construction and operation of the Project and any person who satisfies the income limitations applicable to Low -Income Tenants hereunder (whether prospective, present or former occupants of any Residential Rental Unit in any building included in the Project, including any tenant whose income is treated as continuing not to exceed the applicable income limit as provided in Section 3(a) above) shall separately have the right to seek specific Performance and otherwisc IS L � , ImpsWonlineservices. miami-dadeclerk.com/officialrecords/pdfjj sviewerlweb/vimmlitml 12/18/2020 i PDF . j s viewer P . .. a NOTICE forthfthi R«:17435�' n the Thissnbm�taneedsmbeebetle�a- NcCibea,ing cco,dance.wMtimelines set Ty of Mlaml Cotle. The appllude tlecision-maNing bogy rAll ,eNewme inbnna9on at tfie p-, Hearing to 2ntle, a \ rsommentlation orafinal tlecitlon. enforce the requirements of Section 3(b) and Section 3(c) with respect to such building that is PZ-20-7751 part or the Project. 02/03/21 The owner must obtain the Agency's approval of the management company selected to • manage the pro]cV. The Agency must be advised of any change in the owner's selection of a management company, artd the company must be approved by the Agency prior it, the f mt assuming responsibility for the project. The Agency shall have the right to require the Owner to remove any Manager or Managing Agent who does not inquire compliance with this Agreement upon such Manager's or Managing Agent's being given thirty (30) days' written notice of a violation, and such right shall be expressly acknowledged in any contract between the Owner and any Munnger or Managing Agent. The Agency shall have the right to enforce this Agreement and require curing of defaults in shorter periods than specified above if Agency Counsel makes a reasonable determination that such shorter periods are necessary to comply with Section 42 of the Code. Section 10. Rerrrdiin�a and Fiiand Fllipy,• royerinnis to Run with the Land. (a) Upon execution and delivery by the parties hereto, the Owner shall cause this Agreement and all amendments and supplements hereto to be recorded and filed in the official public records of the County in such manner and in such other places as the Agency may reasonably request and shall pay all fees and charges incurred in connection therewith, (b) This Agreement and the covenants herein shall run with the land and shall bind, and the benefits shall inure to, respectively. the Owner and the Agency and their respective successors and assigns during the term of this Agreement, (c) Upon reasonable notice, if there has been no event of defauit under this Agreement, the Agency shall furnish to the (Owner a statement in writing certifying that the Agreement is not in default Section I I. Amendments Requited by tlsc(_nde. To the extent that Section 42 of the Code or any amendments thereto and any final or temporary Treasury Regulations or Revenue Rulings thereunder shall impose requirements upon the ownership or operation of the Project mare or less restrictive than those imposed by this Agreement, the Owner and the Agency agree That this Agreement shall be deemed to be automatically amended to impose such additional or more restrictive requirements or to impose less restrictive requirements, as appropriate; provided. however, this Section I I shall not afrect requirements of this Agreement imposed by State law or agreed to by the Owner that were the basis of the Agency's competitively scoring and ranking the Owner's application (including arty modifications or supplements thereto) for Tax Credits The Owner and the Agency shall execute, deliver and, if applicable, file of record any and all documents and instruments necessary in the reasonable opinion of Counsel to the Agency to be 16 https-//onIineservices.m ami-dadeclerk.com/o#ficialrecords/pdfjjsviewer/web/viewer.html 12/18/2020 PDF.js viewer R« ' M in compliance with the provisions of Section 42 and all other provisions of the Code and Florida law relating to Tax Credits. Section 12. QoXtrging Law. This Agreement shall be govemed by and consented in accordance with the laws of the State of Florida. Section 13, Notiss. Any notice required to be given hereunder shall be given by personal delivery, by registered or certified U.S. Mail or by expedited delivery service at the address as specified below or at such other addresses as may be specified by notice to the other parties hereta, and any such notice shall be deemed received on the date of delivery, if by personal delivery or expedited delivery service, or upon actual receipt if sent by registered or certified U.S. Mail, Agency: FLOIUDA HOUSING FINANCE AGENCY 227 North f1ronough ,Street. Suite 5000 Tallahassee, Florida 32301-3129 Atini Susan J. Leigh Executive Director Owner: CENTRAL CITY APARTMENTS. LTD. 1460 Btickell Avenue, Suite 309 Miami. Florida 33131 Aitw Agustin Dominguez Section 14. Severshllity. If any provision of this Agreement shall be bold by any court of competent jurisdiction to be invalid, illegal or uncnforccabic, such provision shall be deemed omitted from this Agreement and the validity, legality and enforceability of the remaining portions of this Agreement shall remain in full force and effect, but such holding shall not affect the validity, legality or enforceability of such provision under other. dissimilar facts or circumstances. 5eetion IS. Multiple Counleroar x, This Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the some instrument and each of which shall be deemed to be an original. Section 16. Rin ing Effect. This Agreement shall be binding upon and inure to the benefit of each of the parties and Iheir successors and assigns, but this provision shall not be construed to permit assignment by the Owner without the written consent of the Agency. (ME REMAil+1DEA OF THIS PAGE INTENTIONALLY LEFT BLANK) 17 . , NOTICE cco,dance.—timelines set forth In fhe CiTy of MlamI C... Theappllude tlecision- kiN gbogy will , 1-1I nfo, 11 at the p-, hearing to re,d,,a PZ-20-7751 7►\ 02/03/21 /il( https -//on] 1 neseT-vices. m i ami-dadecl erk. com/off i ci alrecords/pdfj svi ewer/web/viewer. html 12/18/2020 PDF j s viewer wNcre:170"M2 SIGNATURE PAGE FOR EX'ENt ED LOW -(NCO E HOUSINQ AUREEMFNT IN WITNESS WHEREOF,the Agency and the Owner have executed this Agreement ac of the dote first written above WITNESSES FLORIDA HOUSING FINANCE AGENCY, a state agency and ins"entality and a public body corporate and politic duly existing under the laws of the State of Florida d livia .Aninjh '� i4L3, A. AsNL j� STATE OF (7 Q�2111 n� COUNTY OF J By: Susan 1. Leigh ExecutivC Di r Secretary (SEAL) The Foregoing instrument was executed and acknowledged before me this 104tL— day of 19_IL by Susan 1.I.eigh as Executive Director and Secretary of the FLOkIDA HOUSING FINANCE AGENCY, a state agency and instnunenia1ity and a public body corporate and politic duly existing under the laws of the State of Florida, on behalf of said Agency. She is personally known to me end did not take an oath or affirmation. NotaryPublic <= printed Ntune: Beyft A. Elr»d * . < My Commission Expires: tcc atlas rvHllir� et+Y'�` 18 NOTICE moo. --ti-1—aa mrtb In the City of Mlaml C... Theappllude tleci-- &a gbogyW ,eNewme Inbima9on at the p-, hearing to re,d,, a PZ-20-7751 7►\ 02/03/21 /il( https-.Honlineservices.miami-dadeclerk.com/officialrecords/pdf sviewer/web/viewer.html 12/18/2020 PDF.j s viewer Or r. SIGNATURE e FOR rWN-WO i I• i �t i it i s q.it IN WITNESS WHEREOF, tht Agt my gW the Owner have executed thin Agreement as of the date first written above. Wr1NE5SES: STATE OF FLORIDA C©llhTY 4F n — C611"AL CIT7 APARTMMS. LTD. ,a PLDRIDA limited padnetihip. By: IiM4i AFPDRDAHLS R01051 C 'PhIff"R IV, INC. one of? general partners of sy1% l/ Vice pc a dent Title y: CEtYTRAL cITx 4""T"Iwir5 ]y U one of ? _ general parincrs of 12 by: Title The foregoing in%mment was executed and aclrnowledge0efore me this 6th day of Rovember ,yq 96 by Rneeell R. Slbler,Jr. Individuallyesoncof? generalparmersof central City xparteente, Ltd. a Florida limited partnership, on behlslfof said partnership. He is personally known to me or produced as identifie on an did/di not take en -oath or affirmation. '+G AVINI-I M .-qsw r tx iter nrrr�iY1W�{ WMW C. 7t1.MIliiVa weDa� @CC14" ruiec air A M 2WM nw,rrrrr,u mantra P41c: My Commission Expires: 19 <n ,a NOTICE moo. --timalmee as mrtb In the City of Mlaml C... Theappllude tleci . - A,ng bogyW reNewme Inbima9on at the p-, hearing t, 2,d,, a PZ-20-7751 7►\ 02/03/21 /il( https://ontineservices.miami-dadecierk.com/officialrecords/pdfjsviewer/web/viewer.htmi 12/18/2020 PDF js viewer R��i'74�P�i4 STATE OF Florida COUNTY OF Dada Tbc fon:goiq instr amit Ott Fund and acknowledged before me this /�r day or �. h<sor�!. 19 5�- by 'T GGtt,�}�((xm _individually as one of 2 general partrtcrs of CBlP1'i &L CITY APARTPMNT9. 1079, -,a Florida limited pa0mrship, on behaifofseid partnership. He ispersonsliy known to MS or produced as identification and did/did not take an oath or affirmation. Notary Public Printed Name: tgnat n .n rr My Commission Expires: ,� M/ lnmm �tp WIf 9C No cc —al 20 NOTICE This submittal neetls in be scM1etluletl for a pubGe nearing �oraan�wantimalm�a set mrfn inthe citym Mlaml Cotle. The appllude tlecision-maNing bogy will reNewme inbnna9on at ine putl4c M1earing to rentler a rsommentlation or a final tlecitlon. PZ-20-7751 7►\ 02/03/21 /il( https-//onlineservices.miami-dadeclerk.com/officialrecords/pdfjsviewer/web/viewer.htn- l 12/18/2020 FDF.js viewer Lota 1,2,3,4,5,6,7,9.9, aad 10, Block 1, Spring Carden,accord irig to the Plat thereof, recorded In plat Hook 5, Page 3R, of the Public Recarde of Dade County, Florida. - Z982-001-104�9.0} (icr.7-1-9!) 21 01 L-M�li, N CYa4M w4� cM 4 is •>A a ua Mcaa vfwfe• HARVE'Y RUVIN CLERK crac.n co'?m r <n ,a NOTICE �o.aan�wantimeimes eet mrtn inthe cirym Mlaml Cotle. The appllude tlecision-maNing bogy,All remewme inmimavon anne pubuc nearing m renaer a PZ-20-7751 7►\ 02/03/21 /il( https:Honlineservices. miami-dadeclerk. com/officialrecords/pdfj sviewer/web/viewer.html 12/ 18/2020 PDF. j s viewer « .t �111'�C. Il�ALL/VJJ� JJ7°�w� : t:.t z ::, r. t .::,tr :a, t• °t:nt Threimslesuw�bmmoei.ttrasiaalnon�memwtlesann tltiffime oasnlcmoM1�ers tlasufielnetimatl l ftloe reaE rthnitlptouhnb Gcety oh,NOTIC MmlThpplutlehemaw I thePnmon ubc ,ri,gt,m,derr PeZo0-2-7751 0/0/1232inag VIKS'I AAIVNI)NIENT `r0 EXTENDED LOW-INCOME 11OUSING ACiRFI:MI:NT 1 iIGHLAND PARK APARTA1f NTSN,dt_ W I t This AMENDMENT iv made and entered into this oi_q'yx day orl nAw 194E_' between FLORIDA HOUSING FINANCI CORPORATION. a pohli_c co oration. the successor in interest to the Florida Housing Finance Agency, (the "Corporation"). and C'L•N'1'RAL CITY APARTMENTS. LTD. n Florida limited partnership (the "0-ncr") t W ITNL'SSP..-I'l 1 �jt RLAS,-u t ts'�tnk�r�G, TG9cr ;drat cctlrin Extendedl.tn._hxnntc Ucwur Agreemem (the "Agrcentcnr") was execute an'3 +�`.ecii t7iki'txryuruti++n and 0-ner. an WHTREAS, the Agrecrivetll was recorded tit 011icial Rccurds Ralok 17415, page 3sys or the public roc❑rds of Dade County. Florida. and WHEREAS. the Corporation has mqucstcd and Owner has agreed to amend the Agreement as more particularly set forth herembelow, NOW. THEREFORE, for a good mind valuable ctmsideratiou, the receipt and sulliciency of which is hereby acknowledged. Corporation and 0wncr agree as follows I . The foregoing rccitaituns are trve and correct and arc hereby incorporated by rererence 2 The Agreement is hereby ni lifted fo amend Section 2 (e)J2) to read as Billows 73nr raslnanuit prgwAJ In %a— ). I. naA FLORIDA 1I01iSW FIN I-"011414+1tA. tit tH 221 Nonh IS-0 w i°t.:tanr a+rRf Tnllahawa . VInrida 32N+1-1374 f https://onlineservices.miami-dadecierk.com/officialrecords/pdfj sviewer/web/viewer.html 12/18/2020 FDF.js viewer ATt. (2) Residential Rental Units which are similar in duality and type of construction and wlmh will incluth: the Following aniumto!% water hcatct binnkets. air conditioning. criergY Icalures. nticnowave oven. so_cuilly feirtores. vt.:rticaf blinds. taxi for clderlylhandicapixvdldisablcal teoanls. bathrooms in set -aside units nrcet hundtcapi-M accessibility siandmris. no Internal stairways In set -aside units. and all wi-aAdc doll% on first 11wr or accessible by elevator. and ,i Except as herein natdifa:d. tlx: Agrccincttt shall rcrnnin in Fill force and clTect and ftclty enforceable in accordance with its terms IN WITNESS WHEREOF. the ("mr oration and (fawner have executed this AmendNnem ;is oFthe date lira ntxsve writren WITNESSES.. TL.ORIDA I100SING I-INANC'ti CORPORATION. a Mthhc c... perm—.. the successor in interest to the Florida Ilotwing Finance Agency In vn "T;CecutivelSiti�e to itiennNve cam--.. n Eau poiFtE - rrIS and Secrelary STATE Or FLORIDA COUNTY OFLEON The foregoing instrument was cxccuwd and acknowledged belorc the thty �3� day of 17 9$ by Susan 3 Leigh as Executive Director. Chiel'L•xccutive Officer and Secretary ofFLORIDA HOUSING FINANCE.CORPORATION. a public curlxxatiun. the successor in intuesl to the Florida Housing Finame Agency. on bclmlf of said Corlmration She is personally known to me and did not take an oath or affirmation Notary ;l.W Printed Name ` Servn.�yaliJn My Conlnll%simn Expires a rr b,/or �r �t:t a WYA .aasss I - rwtvre•�-- � NOTICE This submittal needs to be scM1etluletl for a pubGe nearing �oraan�wantimaimaa set mrfn lithe citym Mlaml Code. The appllude decision-maNing bogy rAll remewme inmimavon sine pubuc nearing to miser a �ommenaaaen or a anal aecivon. PZ-20-7751 7►\ 02/03/21 /il( https:llonl ineservices. miami-dadeclerk. comlofficialrecordslpdfj svi ewerlweblviewer. html 12/ 18/2020 PDFjs viewer og- I B293M 1964 PEC- WITNESSES limited partnership By 69ja c. oncof ""oral partners of Title STATE OF P4.PA,04- COUNTY OF The foregoing insininterd was cKcculcd and acknowiLdged before me 1161 day or of Ito ff AL4gttw;isltthe A - a a A chalf or said pariner P, o partnerst11Fity-Mur ft� 1�4 _AO � .Oj, 4 1 .— " personaltyknown to me or has produced AS 7Printed 1. I 3 NOTICE --b— I —d— be scM1etluletl fora p.- —1ng f.fth In the CIty of pplude d—on-making by W t the p-, hearing t, 2ntler ---- ., a 1- 1-- PZ-20-7751 02/03/21 https://onlineservices.miami-dadeclerk.com/officia]records/pdfjsviewer/web/viewer.htmi 12/18/2020 PDF j s viewer NOTICE This submittal neetls to be scM1etluletl fora p.-nearing �o.aan� wan timalmes set mrtn In the city m Mlaml Cotle. The appllude tlecision-making by W .eNewme Inbnna9on at the p-, M1earing to 2ntle, a rsommentl-o.afinaltleci— PZ-20-7751 7►\ 02/03/21 /il( https://onlineservices.miami-dadeclerk.com/officialrecords/pdfj sviewer/web/viewer.html 12/18/2020 PDF.js viewer 1111111 [fill ME11111 [fill 11111IIN111I IIN NOTICE a C F H 2004RC 1502 x 9 This submittal neetls to be scM1etluletl for a pubGe nearing �oraan� wan timelines set mrfn �n the city m Miami code.me appr�.ae ae<�em�-mab�na boey W remewme inmimavon erne neann9,o mnaer a OR Su 22094 Pas 400e - 4009; t4rral pubuc �ommentlaeenoranna�aer,9en RECORDED 03/05/2" 08t23t28 NARVEY RWIN, CLERK OF CGIIRt PZ-20-7751 nrAMI-OADE COUNTY. FLORIDA 021031 1 SECOND AMENDMENT TO EXTENDED LOW-INCOME HOUSING AGREEMENT Highland Park Apartmcnist94L-041 This AMENDMENT is made and entered into between FLORIDA HOUSING FINANCE CORPORATION, a public corporation, the successor in interest to the Florida Housing Finance Agency, (the "Corporation"), and CENTRAL CITY APARTMENTS, LTD., a Florida limited partnership (the "Owner"). WnNESSETH: WHEREAS, on November 6, 1996, that certain extended Low-htcm a Housing Agreement {the "Agtccment") was executed between the Corporation and Owner, and WHEREAS, the Agreement was recorded in OfftcW Records Book 17435, page 3595 of the public records of Dade County, Florida; and WHEREAS, the Corporation has requested and Owner has agreed to amend the Agreement as more particularly set forth herein below. NOW, THEREFORE, for a good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Corporation and Owner agree as follows: The foregoing recitations are tnle and correct and are hereby incorporated by reference_ 2. 'Re Agreement is hereby modified to amend Section 2 (f) to read as follows: THIS INSTRUMENT PREPARED RY.• Jennifer Chester FLORIDA HOUSING FINANCE CORPORA rJON 227 North Brunough Street, Suite 50DO Tallahnaee. Florida 32301-13" RECQRD • RE7VLVTo.• weWngtw Merrcrt FLORIDA HOUSING FINANCE CORPORATION 237 North Rmnough Stren, Suite 5000 ` rallaha"ce, Florida 32301-1329 rL}` Book22094/Page4006 Page 1 of 4 https://onlineservices.miami-dadecierk.coin/officialrecords/pdfjjsviewer/web/viewer.htmi 12/18/2020 PDF.js viewer NOTICE -o. —wan ti-1—aai mrtn In the City o Mlaml C... The appllude tlecision--k ng by W reNewme inbima9on at the p-, hearing t, re,d,, a PZ-20-7751 7►\ 02/03/21 /il( (f) That, during the Extended Use Period, the Owner shall provide the following tenant programs: day care, counseling, educational courses, job training and tenant activities. Additionally, the Owner will offer financial incentives to qualified tenants wishing to move into home ownership as follows: the financial incentive must be applicable to the home selected by the tenant and may not be restricted to or enhanced by the purchase of homes in which the Owner, Developer, or other related party has an interest; the financial incentive must not be less than S% of the rent for the tenant's unit during the tenant's entire occupancy; the benefit must be in the form of a gift or grant and may not N. a loan of any nature; the benefits of the incentive must accrue from the beginning of occupancy; the vesting period can be no longer than 2 years of continuous residency; and no fee, deposit or any other such charge can be levied against the tenant as a condition of participation in this incentive; and J. Except as hemin modified, the Agreement shall remain in full force and effect and fully enforceable in accordance with its terms. (REMAINDER OF PAGE NTEI'MONALLY LEFT BLANK) Book220941Page4007 Page 2 of 4 https-//onlineservices,miatni-dadeclerk. com/officialrecords/pdfjj svi ewer/web/viewer.htrnl 12/ 18/2020 PDF.js viewer IN WCrNM WI IEREOF, the Corporation and owner have executed this Amendment as of the date of execution by the' Corporation. WITNESSES: ��TrkfJ'ltAilA.JTS a limited 1p�artnership. BY: I=,it1w ASiAml ' k ML r one of 7 gener l partners of C t By: President A& LcAaTD, Title the foregoing instrument was acknowledged before me this � day of u%W, t��, by ash yAPw1 for am so a ot>_ fw-BOL61d +er IMM. GQueral��n�ref 1 Q,e ', i C:'k� a �r�S t �i�a cabx .o�klsrw,��+nlid /tpariat4«wi��� NINA Notary Publ t U Printed Name: mo,mP-4 Coc�tfV My Commission Expires_ `j — r - $Zo er 5 Personally known X OR Produced Identification Type of [dentification Produzed Book220941Page4008 Nan A. Capea • 000waxs �L ZI . ma: tear taamK ca, ta,_ Page 3 of 4 aT NOTICE This submittal needs fo be schea— for a p.bk nearing �oraan�wantimal—es mrfn In the city of Mlaml Cotle. The appllude tlecision-making by W reNewme inbnna9on at the p-, hearing to re,d,, a rsommena-orafinaltleoi— PZ-20-7751 7►\ 02/03/21 /il( https://onlineservices. miarni-dadeclerk, com/offici airccords/pdfjsviewer/web/viewer.html 12/ 18/2020 PDF.j s viewer WITNESSES: STATE OF FLORIDA COUNTY OFLEON OR SK 22094 PG 4009 L-AST (PAGE FLORIDA HOUSING FINANCE CORPORATION, a public corporntion, the successor in interest to the Florida Housing Finance Agency By: Steve Auger Deputy Development Officer The foregoing instrument was executed and acknowledged 'before me this 1l� day of 2004 by Steve Auger as Deputy Development Officer of FLORIDA HOUSING F `ANCr, CORPORATION, a public corporation, the successor in interest to the Florida ]dousing Finance Agency, on behalf of said Corporation. He is personally known to me. 3smOak~ Not blic n, un 'F i� M t:aM Printed Name: p M� $M — My Commission Expires: Book22094/Page4009 Page 4 of 4 LAW— G o' " �. n cco.dance,—timelines set forth In the CiTy of Ml—I C... Theappllude tlecision--kil gbogy will �eNew Me inbena9on at tfie P.- tlea N to rentler a recommentladon or a final deciaon. PZ-20-7751 7`\ 02/03/21 https:Honlineservices,miami-dadeclerk.com/officialrecords/pdf sviewer/web/viewer.html 12/18/2020 PDF.js viewer I IIIIII Ilfll IIIII IkIII IIIII IIIII IIIII IIII IIII c1`N 200BRO627 370 OR 9k 26501 Pas 1817 - t8201 (4aas) RECORDED 07/30l2008 09!07r49 HARVEY RUVINr CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA THIRD AMENDMENT TO EXTENDED LOW-INCOME HOUSING AGREEMENT HIGHLAND PARK f 941-041 This AMENDMENT" is made and entered into between FLORIDA HOUSING FINANCE CORPORATION, a public corporation, the successor in interest to the Florida Housing Finance Agency. (tie "Corporation"). and CENTRAL. CITY APARTMENTS, LTD., a Florida limited partnership (the "Owite'r" ). WITNESSETH: WHIRREAS, November 6, 1 q", that certain Extended Low -Income Housing .Agreement (the "Agreement") was executed between the Corporation and Owner: and WHEREAS, the Agreement was recorded in Crucial Records Book 17435. page 3595 of the public records of Miami -Dade County. Florida: and WHEREAS, the Corporation has requested and Owner has agreed to amend the Agreement as more particularly 5el forth herein below. NOW, TI IFREFORE, for a good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Corporation and Owner agree as follows: The foregoing recitations are true and correct and are hereby incorporated by reference. THIS INSTRUMENT PREPARED 8 F. Jade Oliver FLORIDA HOUSING FINANCE CORPORATION 227 North Ftronough Street, Suite 50DO Tallahassee, Florida 12301-1329 RE O _TrIRNTO, Amy Gammon FLORIDA HOUSING F'INANC'I, CORPORATION 227 North Sronough Street, Suite SOW Tallahassee. Florida 32301-1329 Book26501 /Pagel 817 CFN#20080621370 Page 1 of 4 . NOTICE cc",dance, wM timelines set forth In the CiTy o Mlaml Cotle. Theappllude tlecision- &a gbogyW ,emewme inmimavon at the p-, nearing to ranee, a PZ-20-7751 7►\ 02/03/21 /il( https://ontineservices.miami-dadecierk.corn/officialrecords/pdfjsviewer/web/viewer litmi 12/18/2020 PDF.j s viewer 3. 4, The Agreement is hereby modified to amend Section 2 (f) to read as follows: In That, during the Emended Use Period. the Owner shall provide the following tenant programs: day care and educational courses/tutorial initiative. Additionally, the owner will offer financial incentives to qualified tenants wishing to move into home ownership as follows: the financial incentive must be applicable to the home selected by the tenant and may not be restricted to or enhanced by the purchase of homes in which the Owner, Developer, or other related party has an interest; the financial incentive must not be less than 5% of the rent for the tenant's unit during the tenant's entire occupancy; the bcncfit mwt be in the form of a gift or grant and may not be a loan of any nature; the benefits of the incentive must accrue from the beginning of occupancy; the vesting period can be no longer than 2 years of continuous residency; and no fee, deposit or any other such charge can be levied against the tenant as a condition of participation in this incentive; and Except as herein modified, the Agreement shall remain in full force and effect and fully enforceable in accordance with its terms. IN WITNESS WHEREOF, the Corporation and [hurter have executed this Amendment as of the date first above written. (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) Book26501JPage1818 C1=N#20080621370 Page 2 of 4 NOTICE This submittal needs fo be schea— for a p.bk nearing �oraan� wan timalmes ee mrfn In the city of Mlaml Cotle. The appllude tlecision-making by W reNewmeinbnna9on at the p , hearing to 2,d,,a rsommena-orafinaltleoi— PZ-20-7751 7►\ 02/03/21 /il( https:/lonlineservices.miami-dadcclerk. com/officialrecordslpdfjsviewer/web/viewer. html 12/18/2020 PDF.j s viewer 5[GNATIJRE PAGE FOR OWNER E TEND D LOW-INCOME HOUSING AGPF • OW -Od IN WITNESS WHEREOF, the Corporation and the Owner have executed this Agreement as of the date of execution by the Corporation. WITNESSES: t , Ji vl zX , � STATEOF r-1Z4IJA COUNTY©F Mjjmi-DARE 4d w ]IM11C4 hip, By: one of g eras partner of _ The f Mg instrument was acknowledged before me this �L day of V1, by #U7A�1GE LwLLAIA0;41A. as AWt.As�/G�J for SNc. waus wz hAmACEtwA r cok, Personally known ._ Produced R-0#s [)A Z Book26501/Page1819 M NO Public Printed Name: My Commission Expires: OR Produced Identification .ice Type of Identification ate,. 0000.e67e E�Yr N�/IJOt 1 ...................Fl..'..�„'�rhwn, wu CFN#20080621370 Page 3 of 4 NOTICE This submittal neetls fo be scM1etluletl fora p.- nea.ing �o.aan� wan timelines set mrtn In the city of Mlaml C©]e. Theappllude tlecision-m by reNewme inbnna9on at the pc M1ea,I,g ring t twill utl4o re,dwtler a rsommentlation or a final tlecitlon. PZ-20-7751 7►\ 02/03/21 /il( https://ont ineservices. mi ami-dadecl erk. com/official records/pdfj sviewer/web/viewer. html 12/18/2020 PDF.j's viewer OR BIC 2cS301 PG 1820 LAST PAGE SIGNATURE PAGE FOR FLORIDA HOUSING FINANCE CORPORATION EXTENDED LOW-INCICQHOUSING AGREEMENT #44L-041 IN WrI NESS WHEREOF, the Corporation and the Owner have executed this Agreement as of the date of execution by the Corporation. WITNESSES: J - • STATE OF FLORIDA COUNTY OF LEON FLORIDA HOUSING FINANCE CORPORATION, a public corporation By: Dfc�borah W. Blirrrierroan Deputy Dvelopment Officer (SEAL) The foregoing instrument was acknowledged before me this c ` day of 2008 by Deborah Dozier Blinderman as Deputy Development Officer of the FL RI HOUSING FINANCE CORPORATION, a public corporation, the successor in interest to the Florida Housing Finance Agency, on behalf of said Corporation. She is personally known tome. Book26501 /Pagel 820 Notaroublic. State of Florida 4 CFN#20080621370 Page 4 of 4 zMM < n , NOTICE moo. --timalmee as mrtb In the City of Mlaml C... Theappllude tleci-- &a gbogyW ,eNewme Inbima9on at the p-, hearing t, 2,d,, a PZ-20-7751 7►\ 02/03/21 /il( httpsJHonli neservices. mi ami-dadecl erk. com/offi ci alrecords/pdfjj sviewer/web/viewer. html 12/18/2020 `nAL ACKNOWLEDGEMENT BY APPLICANT ep •v NOTICE 1. The Department of Resilience and Public Works, Transportation, Coordinated Review Co bmrtaneedskb s[hedWeebrap"b�zh�,"° u°,dams�b—li s��r°nh �n me aty or and County agencies review zoning public hearing requests and provide input, which may Mlami gemeappii�aded��sion-ma ngbWy.11 renew Neinfoimati°n at the pudic hearing to rentlera and outcome of my hearing. These reviews may require additional hearings before other Ci°" 1e" °°"°"�a' °" boards, which may result in the modification of plans, studies and/or the proffering of agreern PZ-20-7751 recorded. The submission and acceptance of a request for public hearing means that the appli 02/03/21 be scheduled for public hearing. I am also aware that I must comply promptly with any City or Co • and notify the Hearing Boards (Hearing Boards) in writing if my public hearing application will be with 2. Filing fees may not be the total cost of a hearing. Some requests require notices to be mailed to property owners up to a mile from the subject property and I am responsible for paying the additional radius mailing costs. In addition to mailing costs, I am responsible for additional fees related to application changes, plan revisions, deferrals, re -advertising, etc. that may be incurred. I understand that fees must be paid promptly. The only fees that will be refunded after the submission and acceptance of an application for public hearing has occurred will be the surcharge fees related to appeals, as expressly listed in Chapter 62 of the City Code (Code). 3. Requests for public hearing will be scheduled by the Hearing Boards in accordance with the scheduling timeline set forth in the Code and the Zoning Ordinance of the City of Miami (Miami 21), as applicable. I must submit any requests to reschedule, continue or defer my hearing date to the attention of the decision -making body for its consideration and vote at the public hearing on which my application is scheduled to be heard. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 4. Applicable Florida Building Code requirements, or other applicable requirements, may affect my ability to obtain a building permit even if my zoning application is approved; and a building permit will probably be required. I am responsible for obtaining any required permits and inspections for all structures and additions proposed, or built, without permits. In addition, a Certificate of Use (C.U.) must be obtained for the use of the property after it has been approved at a zoning public hearing. Failure to obtain the required permits and/or C.U., Certificates of Completion (C.C.), or Certificate of Occupancy (C.O.) will result in an enforcement action against any occupant and owner. Submittal of the zoning public hearing request may not forestall enforcement action against the property. 5. If my request is denied, deferred, or otherwise not approved, I understand that I will not be reimbursed for any fees paid. 6. Any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 7. Any covenant to be voluntarily proffered must be submitted in word format to the Planning Department and to the Office of the City Attorney through ePlan for review and comments from the Planning Department, Office of the City Attorney, and any other City departments as deemed necessary. The covenant will be reviewed in ePlan and the applicant will be notified of any necessary changes, corrections or comments through ePlan. Once the covenant receives a recommendation of approval from the Planning department and as to legal form, Hearing Boards staff will extract the approved covenant directly from ePlan to include as part of the agenda. The applicant is responsible to submit to the Hearing Boards the signed covenant with a current Opinion of Title no later than two (2) weeks prior to the initial public hearing. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 8. Any and all documents submitted must be accompanied by a cover letter indicating the subject matter, application number and hearing date. a MARIA A. GRALIA Applicant(s) Name Printed Applicant(s) Signature and Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this / 7 day of July 2020 , by Maria A. Gralia, Esq. who is a(n) individual/partner/agent/corporation of HIGHLAND PARK 1020, LLC a(n) individual/partnership/corporation. He/She is ❑ personally known to me or ❑ who has produced as identification and who ❑ did ❑did not take an oath. It =r ,; LINDACHRISTKN W COMMISSION # GG 279264 EXPIRES: March 24, 2023 Battled Ttwu Notary Public fteiwrken SO Signature Rev. 04-16-2019 Note: Annual Registration Expires on 12/31/2020 CITY OF MIAMI i Rio NOTICE LOBBYIST REGISTRATION FORM ThLe.bmalneebsmb , „ebe�tl�,ap.b„nheahng �p,tlapewMbmelip ghhinthee�� M ami Cotle.TheappI, be tlsision- A,.ghotly MII �eeew Mel nbnna at the pub„n „e-gto antlea Instructions: Please complete all sections of this form and submit the completed for 0-77zlEecieop. p p PZ-20-7751 fee(s), to the Office of the City Clerk. If you need more space to complete a section, u 02/03/21 of paper. If you have nothing to report in a particular section, you must type or print " that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEPT Important: It is the responsibility of the lobbyist to ensure that ALL active lobbyist registration forms, including active lobbyist registration forms submitted in previous years, remain up-to-date. (1) Lobbyist Name: Maria Gralia (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YES 1:1NO Z (you must check YES or NO) Business Phone: 305-789-3525 Email: mgralia@stearnsweaver.com Business Address (include Zip Code): 150 West Flagler Street, #2200 Miami, Florida 33130 (2) Principal Represented: Highland Park 1020 (Name of corporation, partnership, trust, etc., you are representing) Business Address (include Zip Code): c/o Jean-Pierre Brunois 1717 N. Bayshore Drive. #3847. Miami. FL 33132 (3) IF YOU PROVIDED INFORMATION IN SECTION 2 ABOVE, PLEASE REVIEW THIS SECTION CAREFULLY. If a lobbyist represents a corporation, partnership or trust, the lobbyist must disclose the name and business address of the chief officer, partner or beneficiary of the corporation, partnership or trust, and the names and addresses of all persons holding, directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust. Attach separate sheet if needed. If this section is not applicable .you must type or print "None" or "N/A". N/A (4) Specific issue associated with lobbying. Describe with as much detail as is practical. Attach a separate sheet if needed. If you are using this form for your Annual Registration, please write "Annual Registration" and the year that you are registering for (ex: Annual Registration 2020). Rezonina and Reglatina of Property -Vacat Riaht-Of-Wa age 1 of 2 Of ice of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: clerks@miamigov.com CM-LRF (Rev. 01/2020) (5) Lobbyists shall be required to state the existence of any direct or indirect business financial relationship with the Mayor, any member of the City Commission, any ml City Manager or a member of the City staff before whom he/she lobbies or intends sheet if needed. If this section is not applicable you must type or print "None" or 'IN N/A 1.4 ��• vm NOTICE i , eubmitlal needs to bescheduled t , aa�blic hearing ccorda e d mellow set forth in the Oryo Miami Ccde. The appl-de decision--hq gbWywill renew Ne lnfomi aeon al the pudic hearing t. —d"a n<on, de b.,orafoal decidon. PZ-20-7751 02/03/21 Lobbyists, as defined in City Code Section 2-653, shall pay an annual registration fee of $525.00, plus $105.00 for each principal represented for each issue lobbied on behalf of any one principal. Each issue associated with lobbying shall be described with as much detail as is practical. The City Clerk, or the City Clerk's designee, shall reject any registration statement that does not provide a clear description of the specific issue on which such lobbyist has been retained to lobby or if any section of this form is left blank. Regardless of the date of the annual registration, all lobbyists' annual registrations shall expire December 31 of each calendar year and shall be renewed on a calendar year basis. Each lobbyist shall, within sixty (60) days after registering as a lobbyist, submit to the Office of the City Clerk a certificate of completion of an ethics course offered by the Miami -Dade County Commission on Ethics & Public Trust ("Ethics Commission"). Lobbyists who have completed the initial ethics course mandated by the preceding sentence and have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. Each lobbyist who has completed a refresher ethics course shall submit a certificate of completion within sixty (60) days after registering as a lobbyist. I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am familiar with the provisions contained in Chapter 2, Article VI, Sections 2-651 through 2-658 of the Miami City Code, as amended. STATE OF Florida . a. AA01L Signature of Lobbyist COUNTY OF Miami -Dade County F:fSworn to (or affirmed) and subscribed before me by means of physical presence or F online notarization, this I�'J day of O'oL0 , by Maria Gralia onth) (Year) (Name of person making statement) nature of N'ofary Public Personally Known: OR Produced Identification: Type of Identification Produced: Name of Notary Typed, Printed or Stamped FOR OFFICE USE ONLY: Check # Receipt # (NOTARY SEAL) Fci? :? BETSYA HENSON :*; MY COMMISSION # GG 147959 Pz EXPIRES,:y�O,,ctober 3, 2021 „ud ° • Bonded Thru N Pubk Wdw*rkft M-LRF (Rev. 01/2020) Page 2 of 2 Certificate of Completion This is to certify that Maria A. Gralia has satisfactorily fuXlled the requirements for lobbyist refresher training under Section 2- 1 1. 9 (s), Miami -Dade County Code, by participating in "Ethics Refresher Course for Lobbyists" conducted by the Miami -Dade Commission on Ethics and Pubk Tnz st on May 18, 2018 NOTICE 1n'�s sadmittal neees m rc scheda�a mr a pghGc hearing rcoraance wim timellnea set torch in the ❑ry m Miami Cole. The applicade dsicion-rnaNing hotly will reMewg�e information al the pudic healing m mntler a rzenrnmeneangn gr a mai aecmnn. PZ-20-7751 �\ 02/03/21 Jpsep14 M: Centorino, Executive Director Miami -'Dade Commission on Ethics & Public Trust 7/15/2020 L v n FedEx Ship Manager - Print Your Label(s) o T� 4 CD QD w 00 07 N 00 00 0 0 M z 2 Eq xm J201120042401dg tom...... ....... _ NOTICE Thlsaubmlbal—d—be sctletludtl bra pubic nearing aortlan-wibitlmellnes set forth h the City M Mleml —. The epp-de tleci— making botly will reMew the Information at the pubec M1e -gto antlers rcsommentlatl on orafinal tlecisl mi. PZ-20-7751 02/03/21 56BJ31C6P61B766 After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. OJ 0 bCn 0 �-5 ZED m �� m o ;0 o w Z 03 m C W r N O 0 Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. https://www.fedex.com/shipping/reprintLabel.do?method=doRePrint 1/1 6' nL ACKNOWLEDGEMENT BY APPLICANT NOTICE 1 The Department of Resilience and Public Works, Transportation, Coordinated Review Cc dmrtxI needs k be s,,h,d,ld bra P. bLc he ,g up,denu b—li :ee� torah �n the aty or and County agencies review zoning public hearing requests and provide input, which may Mlamic—T,appii�adede�sipn-ma ngbWy.11 renew Neinfoimatian at the pudic hearing to renhera and outcome of my hearing. These reviews may require additional hearings before other Ci renpn,n,endet n rarer lded boards, which may result in the modification of plans, studies and/or the proffering of agree Pz-20-7751 recorded. The submission and acceptance of a request for public hearing means that the app 02/03/21 be scheduled for public hearing. I am also aware that I must comply promptly with any City or Co • ' and notify the Hearing Boards (Hearing Boards) in writing if my public hearing application will be with 2. Filing fees may not be the total cost of a hearing. Some requests require notices to be mailed to property owners up to a mile from the subject property and I am responsible for paying the additional radius mailing costs. In addition to mailing costs, I am responsible for additional fees related to application changes, plan revisions, deferrals, re -advertising, etc. that may be incurred. I understand that fees must be paid promptly. The only fees that will be refunded after the submission and acceptance of an application for public hearing has occurred will be the surcharge fees related to appeals, as expressly listed in Chapter 62 of the City Code (Code). 3. Requests for public hearing will be scheduled by the Hearing Boards in accordance with the scheduling timeline set forth in the Code and the Zoning Ordinance of the City of Miami (Miami 21), as applicable. I must submit any requests to reschedule, continue or defer my hearing date to the attention of the decision -making body for its consideration and vote at the public hearing on which my application is scheduled to be heard. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code - 4. Applicable Florida Building Code requirements, or other applicable requirements, may affect my ability to obtain a building permit even if my zoning application is approved; and a building permit will probably be required. I am responsible for obtaining any required permits and inspections for all structures and additions proposed, or built, without permits. In addition, a Certificate of Use (C.U.) must be obtained for the use of the property after it has been approved at a zoning public hearing. Failure to obtain the required permits and/or C.U., Certificates of Completion (C.C.), or Certificate of Occupancy (C.O.) will result in an enforcement action against any occupant and owner. Submittal of the zoning public hearing request may not forestall enforcement action against the property. 5. If my request is denied, deferred, or otherwise not approved, I understand that I will not be reimbursed for any fees paid. 6. Any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 7. Any covenant to be voluntarily proffered must be submitted in word format to the Planning Department and to the Office of the City Attorney through ePlan for review and comments from the Planning Department, Office of the City Attorney, and any other City departments as deemed necessary. The covenant will be reviewed in ePlan and the applicant will be notified of any necessary changes, corrections or comments through ePlan. Once the covenant receives a recommendation of approval from the Planning department and as to legal form, Hearing Boards staff will extract the approved covenant directly from ePlan to include as part of the agenda. The applicant is responsible to submit to the Hearing Boards the signed covenant with a current Opinion of Title no later than two (2) weeks prior to the initial public hearing. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 8. Any and all documents submitted must be accompanied by a cover letter indicating the subject matter, application number and hearing date. MARIA A. GRALIA ``" " �Q�C�G✓Z� Applicant(s) Signature and Date Applicant(s) Name Printed STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this % 7 day of July 2020 , by Maria A. Gralia. Esq. who is a(n) individual/partner/agent/corporation of HIGHLAND PARK 1020, LLC a(n) individual/partnership/corporation. He/She is ❑ personally known to me or ❑ who has produced as identification and who ❑ did ❑did not take an oath. t,i.,, LINDACHRIS724,�2023 I MY COMMISSION #T92fA EXPIRES: March Signature ,%?►r ` Bonded Thin Notary Public dewters Rev. 04-1 G-2019 n� �R CITY OFMIAMI DISCLOSURE OF CONSIDE NOTICE This submittal neetls N be seM1etluled for a public hearing cordance wp timelinessetforthmrg City of PROVIDED OR COMMITTED FOR AGREEM M�eTheaPpaaetleaon_makn9b�Y renew Me inromaaeon at the public 1—,g ro reneer a retnmmentlaeon or a anal de��son. SUPPORT OR WITHHOLD OBJECTION P02/03/21 The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2- 653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. Name: First Name: Maria Middle Name: A. Last Name: Gralia Home Address: Home Address Line 1: 7701 SW 176 Street Home Address Line 2: _ City: Palmetto Bay State: Florida Zip: 33157 Contact Information: Home Phone Number:305-789-3525 (work) Cell Phone Number: 305-607-7741 Fax Number: Email: mgralia@stearnsweaver.com BOSSINESS or APPLICANT or ENTITY NAME Address Line 1: Highland Park 1020, LLC c/o Maria A. Gralia, Esq. Address Line 2: Stearns Weaver Miller.. et al 150 West Flagler Street, Miami. FL 33130 Doc. Iti o.:8b543 Page 1 of 3 x a - NOTICE CITY OFMIAMI DISCLOSURE OF CONSIDE This submittal neeasm�s nea am apnnuc nea ing Miamicn.aane wiin vmelm� set mrcn in the ciri of Ccde. The appllcade tletision-making body will PROVIDED OR COMMITTED FOR AGREEM awmeilo�andaso,aPa fi^lnaeacii�qno renaara PZn 20-7751 SUPPORT OR WITHHOLD OBJECTION 02/03/21 Please describe the issue for which you are seeking approval, relief or other action fro the City Commission, board, authority, agency, council, or committee. RF-70NING OF TRANSEOT ZONE FROM T-5 TO T6-59 Has any consideration been provided or committed, directly or on your behalf to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? No If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 1. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. • fume of Person/Entity: NIA Phone Number of Person/Entity: Address of Person/Entity: 2. Please describe the nature of the consideration NfA 3. Describe what is being requested in exchange for the consideration. NIA Doc. No.:86543 Page 2 of n� CITY OFMIAMI DISCLOSURE OF CONSIDE NOTICE This submittal needs to IR sbetlu led for a pu- fiearing PROVIDED OR COMMITTED FOR AGREEM nrdancewi Gmelin�se inrtbinibe Ci of Miami Ccd . The appllcade tlxi- -making body will renew Ne infomaation at iQe pu Q4c 'eanng fo render a �eommentlalion ar a final decl.on. SUPPORT OR WITH HOLD OBJECT ION i PZ20-7751 02/03/21 ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is Unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: the application or order, as applicable, shall be deemed void without further force or effert- and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE Print Name NAWAA GRALA Sign Sworn to and subscribed before me this / day of 20rd v The foregoing instrument was acknowledged before ltle by il who has produced didldid not take an oath. STATE: OF FLORIDA CITY OF MIAMIMY COMMISSION EXPIRES: ' LrNDACHRISTIAN :A �. e3 My COMMWOM q GO 279Zfr1 " Q EXPIRES: }larch 24, M23 orr Bafld&dThM Notary Pubk VnderWrReq, as identification and/or is ,personally known to me and who Doc. NoA6543 Page 3 of 3 Gvv naAL DISCLOSURE OF OWNERSHIP .• �`a e NOTICE ms sabmrtaineea, ro , saneawee mn a aabuct �f uoneanu emeimes�� f.",nmt any f List the owner(s) of the subject property and percentage of ownership. M„w �emeappii de° 'si°°mabn9°�„" Ne inform atian at the pudic hearing t° render a omn,eneanonnna r� Ieedeon. PZ-20-7751 Note: The Miami City Code requires all parties making any presentation, formal requ 02/03/21 petition to the City Commission or any City board with respect to any real property to m disclosure, in writing, of all parties having a financial interest, either direct or indirect, in the subject matter of said presentation, formal request or petition. Such disclosure shall include, but not be limited to, disclosure of all natural persons having an ownership interest, direct or indirect, in the subject real property. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Names HIGHLAND PARK 1020, LLC Percentage of Ownership _ 100% Subject Property Address(es) P ii4Ml, FI.ORIDA 33136 List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question 41 above. Please supply additional lists, if necessary_ Street Address(es): Legal Description(s): MARIA A. GRALIA, ESQ. Owner(s) or Attorney Name Owners or Attorney Signature STATE OF FLORIDA -- COUNT'Y OF MIAMI-DADE The foregoing was acknowledged before me this / 7 _day of JULY 2020 by MARIA A. GRALIA, ESQ. who is a(n) ind ivid ual/partner/agenttcorpo ration of HIGHLAND PARK 1020, LLC a(n) individual/partnership/corporation. He/She is X personally known to me or ❑ who has produced as identification and who ❑ did ❑ did not take an oath. t UNDACHRISTI!AN , s k WCOAMISSION # GG 279264 Signature k;°. ,�,:Mach2a,2oza "-:�• • tiodryvueYcunaaw.itere Rev. t 0-18 1 x NOTICE • State o Florida This sebmitlal neetic to be acM1e—d fora public h—, ccortlance wM1h timellnea ael fphh In the Clly & a meTheap-20-6�sonma�n96od, , rexewtl�e inbrmation at the pubM1c M1earing to rentler a rxo mentlallon orafinal tlecivon. PZ-20-7751 02/03/21 Donartmente o S'tate f • r I certify from the records of this office that HIGHLAND PARK 1020, LLC is a limited liability company organized under the laws of the State of Florida, filed on April 24, 2015, effective April 24, 2015. The document number of this limited liability company is L15000072766. I further certify that said limited liability company has paid all fees due this office through December 31, 2020, that its most recent annual report was filed on April 6, 2020, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Seventeenth day of July, 2020 *W-1 Secretary qf.S'tale Tracking Number: 0301958854CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. tt s://services.sunbiz.or /F+ilin s/certificateOfstatus/CertificateAuthenticatio Professional Surveyors an Code, pursuant to Chapte DELTA MAPPING AND SUI 13301 SW 132 AVENUE SL MIAMI, FLORIDA 33186 CERTIFICATE OF AUTHORI, L.B. NO. 7950 STATE OF FLORIDA 786-429-1024 FAX. 786-592-1152 SURVEYOR'S NOTES: 1)FLOOD ZONE: AE AND ) COMMUNITY NO. 120651 2)THERE MAY BE ADDITIC FOUND IN THE PUBLIC REI 3)EXAMINATION OFABST INSTRUMENTS, IF ANY, Al 4) THIS CERTIFICATION ZONING, EASEMENTS, OR 5)LOCATION AND IDENTIF PLAT 6)OWNERSHIP IS SUBJECT 7)TYPE OF SURVEY: BOUA 8)THE HEREIN CAPTIONEC DESCRIPTION: PROVIDED 9)SURVEY MAP AND REPC UNLESS SIGNED AND SEAL AND MAPPER 10)THIS PLAN OF SURVEY, HEREON. THE CERTIFICAT 11)THE SURVEYOR OF REC HEREON DEPICT PHYSICAL 12)ACCURACY. THE EXPEC (5J-17 FAC), IS "SUBURBAI BOUNDARY SURVEY IS 1 F CALCULATION OF A CLOSE 4 911A1 e^^ner ■Ale^rn e►.-re^ i T L—L 7. VV, ►s—LV VV r •• `"•• A=71`36'55" L! N tp VACATED PER NEW o3 N.W. 11TH S X GAS LINETB NORTH LINE, BLOCK 1 SIGN T= 14.43 N X 0. X PER P.B. 5, PG. 38 Ss "W 1.71' Q65 64 870 52' 53"W 226.84 20'- 59 Q 25 N87°��52' S "E 234.34'(M) 234.30 () 2~ .5'— Ln 62 SET 6" SPIKE 7 6 ti Q Q I CAP #3284 ti 5 Q 30' I I �-- RIGHT -OF -WADY TO BE � 61 60 0 35'— T DEDICATED ` N22` �8' 42"E 3.59' 2.5 ZONEi 4.7'4- 9' 35.73' PER A II �5 EAST O OS D RIG T-OF-WAY LINE c� 4 51, PER F R ATLAS SHEET 24R I MIA TWO STORY RTMENT BUILDING I I 4, PE) I N25 39 57 W II 701 NW 11 ST M I SE( (RADIAL) I ^ I y©' oj�O� FIL r I I FINISH FLOOR I N � a M ELEV.=+11.26' "' N 1. � � o � � t, a ^I^ olo �I c Ln 3: of o 0 0 4;, 3' 35.78' I e46 I a lLu 4 v � o Z 3 Q 45 0 X,0' 3 5'#C rn ; a AC 50 49 CONCRETE 47 O O 234.34(M 73 72 ° \ . M c ��� 22 IIAETER. ° 5' SI � EWALK B N a tiQ.2a N 7 5?' S :34'(M) ti°a•1 �03 $° g ,9 R I '89 as 3 .�� 99R ��� so 9 I .9 I 1 BAC LOW ��. 51 8 PARK NC S ACES 9� �3 PREY NTER I Q �s 5 P RKING SPAC 6 ARK G SP CES S0). �g 9� I ��, `� � C 9 I .9 .� I 9 T APPROXIMATE LOCATION ql; moo, '9 3 �o�oo `9 6 OF FLOOD ZONE LINE h� �6 00.•9X cp ® I I ono ASPHALT X m 4 c AIN 00. ro20 �— X - — I TBM _ X F ` r `�' +9.39 5'CURB TBM 6 v� s� \tk I I I f 6 '►90ti 00• Q �u gti � +8�.22' (b. \ 'b (b.16 I `QdQ ® N 13 PA KINGS ACES 6 PARKI G SP CES In 6 .9 I `b IX g g ° co °' .° , 5' SIDEWALK F �vol o 00� 31 ,�% �� 07 26 ^ 27 CONC. 3.7 2 30 IYi ' I 93 ti 1, tig g. 9 25 I 22.57' I o Q I �b� S UN \Xb �� 2" 23 C A T 3 8.2' I 0. Superintendent of Schools Alberto M. Carvalho VIA ELECTRONIC MAIL Ms. Maria Gralia Highland Park 1020, LLC 1020 NW 7 Avenue Miami, FL 33126 mgralia@sternsweaver.com RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS HIGHLAND PARK 1020, LLC- PZ-20-7751 LOCATED AT 1020 NW 7 AVENUE PHO120111100526 - FOLIO NOS.: 0131350270010 Dr. Lub1JrWW-h6W Dr. Marta Perez Mari Tere Rojas Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami - Dade County, the above -referenced application was reviewed for compliance with Public School Concurrency. Accordingly, enclosed please find the School District's Preliminary Concurrency Analysis (Schools Planning Level Review). As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed development would yield a maximum residential density of 101 multifamily units, which generates 18 students; 9 elementary, 4 middle and 5 senior high students. At this time, all levels have sufficient capacity available to serve the application. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent, notwithstanding any additional information that may surface after further departmental research. As such, this analysis does not constitute a Public School Concurrency approval. Should you have any questions, please feel free to contact me at 305-995-4501. rBegards, Ivan M. Rodriguez, R.A Director Enclosure L-098 cc: Mr. Victor Alonso, R.A. Ms. Nathaly Simon City of Miami School Concurrency Master File Planning, Design & Sustainability Mr. VictorAlonso, Eco-Sustainability Officer • 1450 N.E. 2nd Ave • Suite 525 • Miami, FL 33132 305-995-7285 • 305-995-4760 (FAX) • valonso2@dadeschools.net rbV.OAUE %��7 Concurrency Management System ( Miami -Dade County Public Schools toRcO NOTICE Thls submittal needsmbe hale forapebb M1ea g �p�aapuw�omeop®set tone inure eiypr M ami Cotle. The applira He tlsision-maXing hotly MII �eeew Melnbnnadon at the pubM1c M1earing to antle�a PZ-20-7751 Miami -Dade County Public Schools 03/01/21 Concurrency Management System Preliminary Concurrency Analysis MDCPS Application Number: PHO120111100526 Local Government (LG): Miami Date Application Received: 11/11/2020 12:32:37 PM LG Application Number: PZ-20-7751 Type of Application: Public Hearing Sub Type: Zoning Applicant's Name: Highland Park 1020, LLC Address/Location: 1020 NW 7 Avenue Miami, Florida 33126 Master Folio Number: 0131350270010 Additional Folio Number(s): PROPOSED # OF UNITS 101 SINGLE-FAMILY DETACHED 0 UNITS: SINGLE-FAMILY ATTACHED 0 UNITS: — MULTIFAMILY UNITS: 101 CONCURRENCY SERVICE AREA SCHOOLS Net .. - Seats- • Sour 1441 PAUL LAURENCE DUNBAR K-8 CENTER -23 9 0 NO Current CSA �(ELEM COMP) 1441 PAUL LAURENCE DUNBAR K-8 CENTER 0 9 0 NO Current CSA Five Year Plan (ELEM COMP) 1442 PAUL LAURENCE DUNBAR K-8 CENTER 52 4 4 YES Current CSA (MID COMP) 7791 BOOKER T WASHINGTON SENIOR 26 5 1 5 YES Current CSA SERVICE AREA SCHOOLSADJACENT 801 ICITRUS GROVE ELEMENTARY 56 9 9 1 YES Adjacent CSA *An Impact reduction of 28.23% included for charter and magnet schools Schools of Choice). MDCPS has conducted a preliminary public school concurrency review of this application; please see results above. A final determination of public school concurrency and capacity reservation will be made at the time of approval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC SCHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7285 / concurrency@dadeschools.net PDF js viewer Page 1 of 21 96R7'.34631 1996 MUV 21 16:13 EM--NDtD LOW-INCOME HOL1S G AGREEMENT THIS EXTENDED LOWCOML 0USISING AGREEMENT (this "Agreement") is mWe mW tad into this &7 day of 1996, between the rLORIDA HOUSRYG FINANCE AGENCY Tithe "Agency"i, a state agency and intstrumentality and it public body corpoittt c end politic duty existing under the laws of the Slate of Florida, and CENTRAL CITY APARTMEKTS, I.TU., a Florida limited partnership Ithe "Owner"). WHEREAS. the Agency has heat created and organized pursuant to and in accordance with the provisions of the Florida Housing Finance Agency Act. Sections 420.501-420.516, rlorida Statutes. as anneWcd (the "Act'), and pursuant to Section 420.5099 of said Act. the Agency is the housing credit agency for the State of Florida (tire "State") specifically authorized by statute to allocate low-income housing credit dollar amounts (-Tax Credits") under Section 42 of the Internal Revenue Code of t986, as amended (the `Code"). and WHEREAS. the Agency has agreed, under certain condiltons, to allocate Tax Credits to the Owner in connection with the construction of a multi -firmly re5idcrttial rental housing project (the "Project"), known as Highlnnd Park Apartments, Immed within Dade County. Florida (the "County"), the legal description for which is set forth in Exhibit "A" hereto. to be occupied partially (at least forty percent (40%) by individuals whose income is sixty percent (605.1 or less of area median gross income within the meaning of Section 42(g) of the Code). and WHEREAS. The Owner has made a knowing, voluntary and inteiligcnt election to waive for thirty-five (35) additional years following the last day of the Compliance Period any prerogative it would have to collect rents on the Low-lneome Units at rates determined by the rental market except as provided herein in accordance with the mquircmcnts pursuant to the Cods in return for 1994 Tax Credits and as aucsted and swom to in the Carryover Allocation Certificate dated December 19. 1994: and THIS INSTRUMENT PREPARED Il ) Susan 3, Leigh FLORIDA HOUSING FINANCE AGENCY 221 North Bronough Street. Suite 5000 Tslhthassee. Florida 32301-1320 https://onlineservices.miami-dadeclerk. com/offieialrecords/pdfjj sviewer/web/viewer.html 12/ 18/2020 PDF. j s viewer Page 2 of 21 orr: A OFM Rts W HWAS, Section 42 of the Code provides that no Tax Credits shall be allowed with respect to any building unless an extended low-income housing commitment is in effect for such building at the end of such taxable year; and WHEREAS, in order to assure Owner compliance with the provisions of, and to evidence the Owner's extended low-income housing commitment as required by, Section 42 of the Code, the Agency and the Owner have determined to enter into this Agreement in which they set forth certain terms and conditions relating to the Owners operation of the Project; NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Agency and the Owner do hereby contract and agree as follows: Section 1. Definitions and ln, ternretation. (a) Unless otherwise expressly provided herein or unless the context clearly requires otherwise, the following terms shall have the respective meanings set forth below for all purposes of this Agreement - "Act" shall mean the Florida Housing Finance Agency Act, Florida Statutes. Section 420,501-.516, as amended. "Agency" shall mean the FLORIDA HOUSING FINANCE AGENCY, a state agency and instrumentality and a public body corporate and politic duty existing under the laws of the State of Florida, and any agency or other entity of the Sutte of Florida that shall hereafter succeed to the powers, duties and functions of the Agency. "Cg&" shdil metro the Internal Revenue Code of 1986, as amended. and any successor statute as it applies to the Tax Credits described herein, together with ail applicable final. temporary or proposed Treasury Regulations and Revenue Rulings thereunder. Reference in this Agreement to any specific provision of the Code shall be deemed to include any applicable successor provision of such provision of the Code that may apply to the Tax Credits described herein. °Comnllasee Period" shall mount, with respect to any building that is included in the Project, a period of fifteen (15) years beginning on the first day of the first taxable year of the Credit Period with respect thereto, "CqunjX" shall mean Dade County, Florida. https://on]ineservices.mi ami-dadeclerk.com/offieia]records/pdfjjsviewer/web/viewer. html 12/18/2020 PDF j s viewer Page 3 of 21 (ft: c:174Mf rM97 "" iLrerka " shall mean, with respect to any building that is included in the pmjecl. the period of ten (I0) years beginning with (x) the taxable year in which the building is piaecd in service, or (y) at the eleclion of the Owner, the succeeding taxable year. "F:taadeti Low-lecome not 1n A gems^t" or " " shall mean this Exlanded Low-income flousinl Agreement, as amended or suppWinicnled from tittle to time, "Execridgil Ilse " shall mean, with rcapect to any building that is included in the Project. the period that begins on the first day of the Compliance Period in which such building is pan of the Project told ends on the later of: (i) thirty (30) years afler'the issuance of the final lax credit allocation with respect to such building (which date is the date specified by the Agency as provided in Section 42(hX6)(D)(ii)(1) orihe Code). nr (ii) that number ofyears alter the last day of the Compliance Period for which the Owner shall have set aside a speci fled number of units in the Project for P.nw-(ncorne tenants. Notwithstanding anything to the contrary elsewhere in this Agreement. if the Owner has set aside one or more units in the Project for Low -Income Tenants in perpetuity, im- fifty (56) yearn. the Extended Use Period shall continue in perpetuity, i.e., frRy (SO) ycara. "Grass Rent" "I mean any amount paid by a tenant in connection with the occupancy of a Residential Rental Unit. plus the cost of any services that are required to be paid by a tenant as a condition for occupancy, plus the cost of any utilities. other then telephone, for such unit. If any utilities (other than telephone) are paid directly by the tenant. "gross rent." also includes a utility allowance determined as set forth in this paragraph. "Gross Rent" does not include any payment under Section 8 of the Unitcd States Housing Act of 1937 or any comparable rental assistance program with respect to such Residential Rental Unit or to the occupants thereof, or any fee for supportive service that is paid to the owner of the unit on the basis of the low income status of the tenant of such Residential Rental Unit by any govcmmcnlal program of assistance or by any tax-exempt organization if such program or organization providca assistance for rant and the amount of assistance provided for rent is not separable from the amount of assistance provided for supportive services within the meaning of Section 42(gX2)(B) of the Code. For purposes of the foregoing, the allowable utility allowance is: (i) the United States Department of Housing and Urban Development ("HUD") utility allowances (except as provided in clause (iv) hereof) in the case of s building whose rents and utility allowances are reviewed by HUD on an annual basis, (6) the applicable Public Housing Authority ("PHA") utility allowances established for the Section 8 Existing Housing Program (except as provided in clause (iv) hcreo() in the ctnsa arm building.occupied by one or more tenants receiving HUD rental assistance payments ("HUD'fenarnt Assistance"): (iii) in the case of a building for which there is neither HUD Tenant Assistarce. nor an applicable I IUD or RD utility allowance. the applicable PHA utility allowance; however, utility allowances based on estimatcs from local utility providers certifying the estimated costs of all covered utilities for units of comparable size and construction in the cnunty where the building is located, determined in accordance with Internal Revenue Service Notice 89.6, may he obtained, in which case those estimates shall apply to all units of similar size and consirwion in the buiWing; or (iv) the applicalle RD utility allowance in the case of any Rent -Restricted Unit in a building where either the building receives RD housing assistance (including a building that is HUD -regulated) or any tenant receives RD housing assistance fry,. https://onlineservices.miami-dadeclerk.com/officialrecords/pdfjsveewer/web/viewer.html 12/18/2020 PDF.j s viewer Page 4 of 21 °, e:174MPr1?15`M (including any Low-Income'fcnani receiving HUD Tenant Assistance who resides in a building where the building or any other tenant receives RD housing assistance). "t ow-lecame Tenants" shall mean individuals whose income is filly percent (50%) or less of area median gross income (adjusted for family size) within the meaning of Section 42(gy I ) of the Code, as the same may he amended from time 10 litne (hut only to the extent such amendments apply to the project) In no event. however, shall occupants of a unit be considered to be of low income if all the occupants are students (ns defined in Section 151(c)(4) of the Code, but excluding from such definition the following (x) single parents who arc students with all children also being students and the household receives AFDC payments, (y) if the students are enrolled in certain federal, state or local job training programs and arc considered lower income. or (z) for projects receiving credit allocatioms after June 30, 1992. a housing unit occupied exclusively by full-time students tray qualify as lower income tribe students ace a single pamnl and his/her minor children and none of the tenants are a dependent of a third patty shall mean any unit in a building if: ti) the unit is a Rent -Restricted Unit satisfying the requirements of Section 2 hereof, and (ii) the individuals occupying the unit are Low -Income Tenants (or the unit is held available for rental to Low -Income Tenants if previously rented to and occupied by Low -Income Tenants) as set forth in Seel ion 3(a) hereof, "Monitaring Aeent" shall mean any monitoring agent uppointcd by the Agency - "Owner•' shall mean CENTRAL. CITY APARTMENTS. LTD., a Florida limited partnership and its successors and assigns as permitted under Scchon 4 of this Agreement. " US1aled Penon" to a person shall mean a relationship such that the "related person" bears a relationship to such peraon specified in Section 267(b) or Section 707(b)(1) of the Code. or the related person and such person are engaged in trades or businesses under common control within the meaning of Section 52(a)-(b) of the Code, except that for purposes hereof, the phrase "10 percent" shall be substituted for the phrase "50 percent" in applying Section 267(b) and Section 707(b)(1). " shall mean a Residential Rental Unit where the Gross Renl with respect to such unit does not exceed thirty percent (30%) of the imputed income limitation applicable to such unit (or such higher (imitation as provided by Section 42(g)(2.)(L) of the Codc). For purposes of the foregoing. the imputed income limitation applicable to a Residential Rental Unit is the income limitation set forth for Low.lncome or Very Low -Income Tenants occupying the unit if the number of individuals occupying the unit are (x) one (1) individual, in the case of a unit that does not have a separate bedroom. and (y) one and one-half (l 5) individuals for each separate bedroom. in the case of a'.nn that has one or more separate bedrooms. Units" shall nmcan dwelling units made available for rental. and not ownership, by Low -Income Tenants and members of the general public, each of which units shall contain complete living facilities That arc to be used other than on a transient basis together with y`�as1S• ye! � t t i FY y 1` ! H 4 tt 6rl t}} t4 1� https://onl ineservices. mi ami-dadecierk. com/officialrecords/pdfj sviewer/web/viewer. html 12/18/2020 PDF J s viewer Page 5 of 21 facilities that arc functionally related or subordinate to the living facilities. The units shall at all times be constructed and maintained in substantial accordance with the applicable building code standards of the County. For purposes of the foregoing, a unit that contains sleeping accommodations and kitchen and bathroom facilities and that is located in a building used exclusively to facilitate the transition of homeicss individuals to independent living and in which a governmental entity or qualified nonprofit organiuttion provides such individuals with temporary housing and supportive services designed to assist such individuals in locating and retaining permanent housing shall not be deemed to be a unit occupied on a tramsiem basis within the meaning hereof. "Very Lo„P-Income Itrutu =" shall mean, with mapec: to the Owner'; satisfying its earnmi[ments set fnnh in its Low -Income }lousing Tax Credit Application to the Agency, individuals whose income is forty percent (40%) or less of area median gross income (adjusted for family size) as determined in a manner consistent with Section 42(g)(1) of the Code, as the same may be amended from time to time (but only to the extent such amendments apply to the Project). In no event, however, shall occupants of a unit be considered to be of low income if all the occupants arc students (as defined in Section 151(c)(4) of the Code, but excluding from such definition tho following: (x) single parents who are students with all children also being students and the household receives AFDC payments, (y) if the students are enrolled in certain federal, state or local job training programs and arc considered lower income, or (z) for projects receiving credit allocations after June 30, 1992, a housing unit occupied exclusively by full-time students may qualify as lower income if the students are a single parent and hislher minor children and none of the tenants are a dependent of a third party. (b) All capitalized words and terms herein which are not otherwise defined herein shall have the same meanings ascribed to them in Section 42 of the Code or in Treasury Regulations thereunder. (c) -rhe terms and phrases used in the Recitals of this Agreement have been included for convenience of reference only, in the meaning, construction and interpretation ofall such lams and phrases shall be determined by reference to this Section I. The titles and headings in this Agreement have been inserted for convenience of rclerence only and shall be deemed to modify and restrict any other provisions of this Agreement. (d) Unless the context clearly requires otherwise, words of masculine, feminine or neater gender, as the case may be, shall he construed as including the other genders, and words of the singular number shall he construed to include the plural number, and vice versa. This Agreement and all of the terms and provisions hereof shall be construed to effectuate the purposes set forth in this Agreement and to sustain the validity hereof. Section 2. Ouilfined 1,pw-Income Housing Proitcl, The Agency and the Owner hereby declare their understanding and intent that, during the Extended Use Period, the Project is to be owned, managed, and operated as a qualified low-income housing project as such phrase is defined in Section 42(g) of the Code. To that end, the Owner hereby represents, covenants and agrees as follows: https-//onlinesci-vices.miami-dadeclerk.com/officialrecords/pd sviewer/web/viewer, html 1 zr 18/2020 PDF.js viewer Page 6 of 21 1,1-f.17425rc 6D0 M (a) That the Project is being constructed For purposes of providing a qualified low-income housing project, and the Owner shall own. manage and operate the Project as a qualified low-income housing project all in accordance with Section 42 of the Codc: and (b) 'Phut tto of the Residential Rental Units in the Project shall be similarly constructed and ench such unit shdll contain complete facilities for living. sleeping, eating, cooking and saniinlion for at least a single individual or n family; provided. however. that a unil that contains sleeping accommodations and kitchen and bathroom facilities and that is located in a building used exclusively to facilitate the transition of homeless individuals to independent living and in which a governmental entity or s qualified nonprofit organimlion provides such individuals with tcmptrrwy housing and supportive services designed to assist such individuals in locating and retaining permanent housing shall not be deemed in be a unit occupied on a transient basis within the meaning of this Section 2(b); and (c) Thal, during the Extended Use Period. nonc of the Residential Rental Units in the Project shall at any time be utilized on a transient basis: except as provided in this Section 2(c). none of the Residential RenW Units in the Project shall ever be leased or rented for an initial period or less than one hundred eighty (180) days, and neither the Project nor any portion thereof shall ever be used as a hotel. motel, dormitory, fraternity house, sorority house, rooming house. hospital, sanitarium, nursing home, rest home, troller court or trailer park, or health club or recreational facility (other than recreatinnal facilities that me available only to tenants and their guests without charge for their use and that are cuslomarily found in multi-ramily rental housing projects); provided, however, that a single -room occupancy unit shall not be trcated as used on a tronsient hnsis merely hecause it is rented on a month -to -month basis: and provided (other that a unir that contains sleeping accommodniions and kitchen and bathroom facilities and that is located in a building used exclusively to facilitate the transition of homeless individuals to independent living and in which a governmental entity or a qualified nonprofit organization provides such individuals with temporary housing and supportive services designed to assist such individuals in locating and retaining permnneot housing shall not be deemed to he o unit occupied on a transient basis within the meaning of this Section 2(c); and (d) That. during the Extended Use Period, the Residential Rental Units in the Project shall be leased and rented, or made available for rental on a continuous basis, to members of the gcncml public; and the 0- shall not give preference in renting liesidenliel mental Units in 1he Project to any particular class or group of persons, other than Low -Income Tenants or Very Low- tneome Tenants I% provided in this Agreement; and. (e) That the project shall consist of one (I) or more discrete edifices or other man-made construction, each consisting of an independent foundation, outer walls and roof. and containing four (4) or more Residential Rental Units and functionally-relatcd facilities, all of which shall be. (x) awned by the some person for federal tax purposes; (y) located on a common tract or land or two (2) or more contiguous tracts of land; provided, however, that separate tracts of land that arc separated only by a road, street, strcarn or simitar property shall for purposes hereof be deemed to be contiguous; and (z) financed pursuant to a common plan of Financing, and which shall consist entirely of: t rr f �{�yar'Sryr.:t d f 4l 1M� 1 i.. 'St , j i j .}"�-H st ,t«.ti•�y l)ttps://onlineservices.miam-dadeclerk.com/officla]records/pdfjsviewer/web/viewer.htm] 12/18/2020 PDF.js viewer Page 7 of 21 (1) Two (2) residential buildings comprised of thirty-five (35) residential units, consisting of twenty-four (24) two -bedroom, one -bath units comprising Ll47 square feet each. and eleven (1 1) three-hedraom_ twn. bath units comprising 1.156 square feet cacti; and (2) Residential Rental Units which are similar in quality and type of construction and which will include the following amcnitics' laundy hookups in each unit, air conditioning. energy features. microwave oven, security features, vertical blinds, and for elderlyfhandieappcdldisabled tenants, bathrooms in set -aside units meet handicapped accessibility standards, no inlernnl stairways in set -aside units. and all set -aside units on first floor ur accessible by elevator: and (3) Fncilities functionally related and subordinate in purpose and size to the property described in Section 2(c)(2) above, which will include a playgroundltot let, community room and an area for agriculturallfishing equipment storage on -site (crone of which may be unavailable to any person because such person is a Low -or Very Low -Income Tenant) and other facilities that are reasonably required for the Project. M That, during the Extended Use Period, the Owner shall provide the following tenant programs; day care, counseling, educational courses, job (mining and tenant activities. Additionally, the Owner will offer financial incentives to qualified tenants wishing to move into home ownership in the form of, 1) DBA mortgages - 0% intcrest first mortgages. 2) AHP funds - to reduce the firm mortgage debt by buying down the mongagcs to a debt level which is appropriate for the family, or 3) HOPE 3 program - purchases foreclosed properties directly from FHA, substantially rehabilitates and then holds second mortgages in the amount needed to make them affordable to low- and very -low-income families; and (g) That, during the Extended Use Period. the Project shall not include a unit in a building where all Acsidcntial Rental Units in such building arc not also included in the Project; and (h) That, during the Compliance Period, the Owner shall not convert the Project to condominium ownership; and (i) That. during the Compliance Period, no part of the Project shall at any time be owned or used by a cooperative housing corporation; and 0) That, during the Extended Use Period. no unit in the Project shall be occupied by the Owner or a Related Person to the Owner at any time (x) unless such person resides in a unit in a building or structure which contains at least five (5) Residential Rental Units, or (y) except as provided in Section 42(i)(3)(E) of the Code; and https:Ilonlineservices.miami-dadeelerk.cola/officialrecords/pdfjjsviewer/web/viewer.htm] 12/18/2020 PDF js viewer Page 8 of 21 ,,,17435rf,qW (k) That, during the Extended Use Period. Owner shall not refuse to lease a unit to it holder of a voucher ar certificate of cligibiIity under Section g of the United States lousing Act of 1937 because of the status of the prospective tenant as such a holder (1) That the Owner shall not discriminate on the basis of age, race, creed, religion, color, sex, maxi in mntus, fnmi I statum. handicap or national origin in the lease. use or occupancy oft he Project or in connection with the employment or application for employment of persons for the operation and management of the Project; Provided, however, that nothing herein shall be deemed to preclude the Owner from discrimination based on income in renting Residential Rental Units set aside for I.ow-Incornc Tenants or for Very Low -Income Tenants in compliance with the requirements of the Codc; and (m) That the Owner shall submit the certificate with respect to the first year of the Credit Period and ouch annual reports to the Secretary of the Tronsury as required by Scelinns 420)(1) and (1)(2) of the Code and deliver a copy thercorto the Agency and to the Monitoring Agent. and shall submit such information to the Agency as the Agency may request in order for the Agency to comply with Section 42(I)(3) of the Code and for the Agency to monitor the Owners compliance with Section 42 of the Code, the Agency's Holes and regulations codified at Florida Administrative Code. Chapter 91-33. and the provisions of the Agreement: and (n) That, during the P.xtended Use Period, the Owner shall comply with the following commitments that were the basis of the Agcncy's competitive scoring and ranking of the Owner's application for Tax Credits in satisfaction of the Agency's responsibilities under Section 42(n) of the Code, and as required by the Agency's rules and regulations implementing such responsibilities. Florida Administrative Code. Rule 91-33.010(1): (i) Notwithstanding Section 3(a) below to the contrary, commencing with the issuance of the first certificate of occupancy for any building included in the Project, at least one - hundred percent (100%) of the occupied and completed Residential Rental Units included in the Proiect shall be occupied by and reined to Low- and Very Low -Income Tenants or held available for rental to Low- and Very Low -Income Tenants. (n) In addition to the requircmcnts set forth In Section 2(n)(i) above and in Section 3(a) below, commencing with the issuance of the first ccrlifteate of occupancy for any building included in.the Project at least twenty percent (20%) of the occupied and completed Residential Rental Units included in the Project shall be occupied by and rented to persons with incomes which do not exceed forty percent (4(r/a) of the area median income (adyustcd for family size). (iii) For purposes of complying with the requirements set forth in Section 2(n)(i) and (ii) above. if the income of an individual or family resident in a Residential Rental Unit did not exceed the applicable income limit ladjumcd for family size) at the commencement of such residcnfs occupancy, the income of such individual or family shall be treated ms continuing to not exceed the applicable income limit as long as such Residential Rental Unit remains a Rent -Restricted Unit. The preceding sentence shall cease to upply to any 'individual or family k,Jr r 'IH IV R.%.^1YR https://onlineservices.miami-dadecierk.com/officialrecordg/pdfjsviewer/web/viewer.htm] 12/19/2020 PDT' j s viewer Page 9of21 ark- f whose income, as of the most recent determination, exceeds onc-hundred-forty percent (1140%) of the applicable income limit (adjusted for family sire). if after such determination, but before the next income determination, any Residential Rental Unit of comparable or smaller size in the building is occupied by a new individual or family resident whose income exceeds the applicable income limit (adjusted for family sin) for Low -Income Tenants or Very Low -Income Tenants, as the case may be. (iv) The Owner shall obtain from each Iow-Income Tenant and Very Low -Income Tenant and maintain on rile an Income Certification pursuant to the requirements and procedures found in the Low -Income Rental liousing Tax Credit Compliance Manual immediately prior to the initial occupancy ofa Residential Rental Unit in the Project by such tenant, Thc Owner Shull also obtain, at least annually thereafter, and maintain an Cite an Income Certification from each Low -Income Tenant and Very Low -Income Tenant (and from each tenant whose income is treated as continuing not to exceed the applicabic income limit as provided in Section 2(n)(i) and (ii) above) to determine whether the then current income of such tenants (or such tenants whose inenme is treated as continuing notto exceed the applicable income limit as provided in Section 2(n)(i) and (6) above) residing in the project exceed the applicable income limits, adjusted for family size. In addition, the Owner shall require each Low -Income Tenant and Very Low-income Tenant (or tenant whose income is treated as continuing not to exceed the applicable income limit as provided in Section 2(n)(i) and (ii) above) to notify the Owner of any material change of information in his, her or their, as the case may be, most recent Income Certification. The Income Certification shall be in the form and contain such information as may be required by the policies of the Agency. os the same may be, from time to time, amended by the Agency on the advice of Counsel. For all projects receiving Tax Credit allocations since January 1, 1987, the Owner shall submit Program Reports, Recap of Tenant Income Certification Information and Annual Owner Compliance Certification annually duoughout the Compliance Period. The initial reports shall be submitted to the Agency not later than thirty (30) days after final allocation is made. Subsequent reports shall be auhmilted to the Agency annually on a dale assigned by the Agency. In addition, the 0-r shall Submit the Program Report. Recap of Tcnani Income Certification Information and copies of Tenant income Certification for at tease ten percent ( 10%) of the lower -income units in the project to the monitoring agency annually. Additional reports and information shall be submitted to the Agency at such other times as the Agency may, in its sate discretion. request. (v) The Owner shall maintain complete and accurate records pertaining to the Residential Rental Units occupied by and rented to (or held available for rental to) Low -Income Tenants and Very Low-income Tenants for at least six Its) years following the indicated date of each such record and shall permit any duly authorized representative of the Agency or die Monitoring Agent, to inspect the books and records of the Owner pertaining to the Income Certifications and income suhstanuation materials of Low -Income Tenants and Very Low-income Tenants (and such tenants whose income is treated as continuing not to exceed the applicable income limit as provided in Section 2(n)(i) and (ii) above) residing in the Project upon reasonable notice and at reasonable times, f ir t a t .' � � • � ,,yr ,tit y,". v n ,fit 1` 'f 1y� i -y} https://onlineservices.miami-dadeclerk.com/officialrecords/pdf sviewer/web/viewer.html 12/18/2020 PDF_js viewer Page 10 of 21 R€�.i"4irf[�4 (vi) The Owner shall immediately notify the Agency and the Monitoring Agent if at any time (he Residential Rental Units in the Project are not occupied or available for occupancy its provided in 5Cclion 2(n)(i) and (it) above. Section 3. Low, and Very tow-locumiTeaont•• Law. and Very LAw-[neame Unit. In order to satisfy the requirements of the Code, the 0-ner hereby represents, covenants and agrees that. during the Extended Use period: (a) Not later than the close of the first (1 st) year of the Credit Period for each building included in the Project, at least fony percent (40%) of the occupicd and completed Residential Rental Units included in the Project shall be loth Rcnt-Restricted Units and rented to and occupied by Low -Income Tenants, and after the initial rental occupancy of such Residential Rental Units by Low-income Tcnanls, at ]cast forty percent (40a/) of the completed Restdcnlial Rental Units in the Project at all times shall be both Rent -Restricted Units and rented to and occupied by (or held available for rental to, if previously rented to and occupied by a Low -Income Tenant) Low-income'renams as required by Section 42(g)(i) of the Code. At least one -hundred percent (1 W19) of Orc dwelling units must be occupied and rented to Low- and Very Low-income persons. Not less than twenty percent (20%) of the units in the project shall he leased, rented or mnde available on n continuous basis to persons or households whose incomes arc roily percent (40%) or less of the area median income (adjusted for family size), and not less than eighty percent (80%) of the remaining units m the project shall be leased, rented or made available on a continuous basis io persons or households whose incomes are fifty percent (50%) or less of the area median income (adjusted for family size), as determined by IIUD. The gross monthly rents for all units shall nvt exceed thiny percent (309,1) of the imputed income limitation applicable to such unit as defined in Section I (a). For purposes of complying with the foregoing requirements, if (x) the income of an individual or family resident in a Rent -Restricted Unit did not exceed the applicable income limit (adjusted for family size) at the commencement of such resident's occupancy and (y)'such unit continues to be a Rent -Restricted Unit. the income of such individual or family shall be treated as continuing to not exceed the applicable income limit. The preceding sentence shall cease to apply to any individual or family whose income, as of the most recent determination, exceeds one hundred forty percent (14(N/e) of the applicable income limit (adjusted for family size) if, after such cicierminntien, but before the next income determination, any Residential Rental Unit of comparable or smaller size in the building is occupied by a new individual or Family resident whose income exceeds the applicable income limit (adjusted for family size) (b) During each taxable year in the Extended Use Period, the applicable fraction Ins such term is defined in Section 42(c)(B) and is used in Section 42(h)(6) of code) shall not be less than the smaller or. (i) the unit fraction or (it) the noor space fraction (as such terms arc defined in Sections 42(c) of the Code). (c) The Owner shall not evict or terminate the tenancy of any tenant (including any tenant whose income is treated as conlintrlfig not to exceed the applicable income limit as provided in Section 3(a) above) of any Low -Income Unit in the Project, ocher than for good 10 },t�r https;//oniineservices.miami-dadecierk,com/officialrecords/pdfjsviewer/web/viewer.htrn] 12/18/2020 PDFJs viewer Page l l of 21 Orr, cause, or increase the Gross Rent with respect to such Low- Incomc Units in excess of the amount nllowahle as Rent -Restricted Units. (d) 'The Owner shall obtain from each Low -Income Tenant and Very Low -Income Tenant and maintain on file an Income Certifienlion pursuant to the requirements and procedures found in the Low-income Rental Housing Tax Credit Compliance Manual immediately prior to the initial occupancy of a dwelling unit in the Project by such Low -Income Tenant and Very Low-Incomc Tenant. The Owner shall also obtain,. at (cast annually thereafter, and maintain on file an Income Certification from each Low -Income Tenant and Very Low-Incomc Tenant (and from each tenant whose income is treated as continuing lot to exceed the applicable income limit us provided in Section 3(a) above) to determine whether the then current income of such Low-income Tenants or Very Low -Income Tenants (or such tenants whose incomes arc treated as continuing not to exceed the applicable income limit as provided in Section 3(o) above) residing in the project exceed the applicable income limits, adjusted for family size. In addition. the Owner shall require each Low-income Tenant and Very Low -Income Tenant (or tenant whose income is treated as continuing not to exceed the applicable income limit as provided in Section 3(a) above) to notify the Owner orany material change or information in his, her or their, as the case may be, most recent Income Certification. The income Cenifcation shall be in the form and contain such information as may be required by the Code and the pnlicics of the Agency, as the same may he from time to time amended by the Agency on the advice of Counsel. or in such other form and manner as may be required by applicable rules, rulings, procedures. official statements. regulations or policies now or hereafter promulgated or proposed by the Department orihe Treasury or the Internal Revenue Service with respcct to Tax Credits.. For all projects receiving Tax Credit allocations since January 1. 1991, the Owner shall submit Program Reports, Recap of Tenant Income Certification Information and Annual Owner Compliance Certification annually throughout the Compliance Period. The initial reports shall be submitted to the Agency not later than thirty (30) days after final allocation is made. Subsequent rcporis shall be submitted to the Agency annually on a date assigned by the Agency, in addition, the Owner shall submit the Program Report, Recap or"Tenant Income Certification Information and copies of Tenant Income Certification for al least ten percent (10 ) of the lower -income units in the project to the monitoring agency annually Additional reports and information shall be submitted to the Agency at such other time; as the Agency may, in its sole discretion, request, (e)'The Owner shall maintain complete and accurate records pertaining to the Low-income Units and Very Law -Income Units for at least six (6) years following the indicated date ofeach such record and shall permit any duly authorized representative ofthe Agency. the Monitoring Agent, (tic Department of the Treasury nr the Inlcmal Revenue Service to inspect the books and records of the Owner pertaining to the Income Certifications and income substantiation materials of Low-income Tenants (and such tenants whose income is treated as continuing not to exceed the applicable income limit as provided in Section 1(n) above) residing in the Project upon reasonable notice and at reasonable times. (f) The Owner shall immediately notify the Agency and the Monitoring Agent it at any time the Residential Rental Units in the Project are not occupied or available for occupancy as provided in Section 3(al above, W https://on]ineservices.miami-dadeclerk.coin/of iicia]Fecords/pdfjsv*lewer/web/viewer.htmi 12/18/2020 PDF. j s viewer Page 12 of 21 O €r1743!r-"I 6 (g) Notwithstanding anything elsewhere in the Agreement, the Owner undertakes, agrees and covenants that the Extended Use Period shall continue for perpetuity, i.e.. fNly (50) years, so that its obligation to sel aside the one -hundred percent (t 00%) of the Rent Restricted Units for I ow -Income Tennnl4 or Very Low -Income Tenania shall likewise continue for perpetuity, i.e., fifty (50) years. Section 4. Sala Lease or Transfer of rbc PrRj,.Si1StIJOY-f! t$ (a) The Owner shall not enter into a sale, lease, exchange. assignment, conveyance, transfer or other disposition (collectively, a "Disposition") of the Project or any building in the Pmjcev (i) untcss such Disposition is of ail of n building in the Project, and (H) without prior written notice to the Secretary of the Treasury and to the Agency, and the compliance with all rules and regulations of the Department of the Treasury and the Agency applicable to such Disposition. The Owner shall notify the Agency in writing of the name and address of the person to whom any Disposition has been made within fourteen (14) days after the date thereof. It is hereby expressly stipulated and agreed that any Disposition of the Project or of any building in the Project by the Owner in violation of this Section 4 shell be null, void and without effect, Shull cause a reversion of title to the transferor Owner, and shrill be ineffective to relieve the Owner of its obligations under this Agreement. 1'he Owner shall include. verbatim or by incorporation by reference, at[ requirements and restrictions contained in this Agreement in any deed or other documents transfemrig any interest in the Project or in any building in the Project to any other person or entity to the end that such transferee has notice of and is bound by such restrictions, and shall obtain the express written assumption of this Agreement by any such transferee. (b) The restrictions contained in Section 4(a) shall not be applicable to any of the following: (I) any transfer pursuant to or in lieu of s foreclosure or any exercise of remedies (including, without limitation, foreclosure) under any mortgage on the Project; provided. however, that neither the Owner nor any Related Person to the Owner shall acquire any interest in the Project during the remainder of the Extended Use Period; (2) any sate, transfer, assignment, encumbrance or addition of limited partnership interests in the Owner; (3) grants of unlityrclated easements and governmental casements, shown on the title policy approved by the Agency and any other easement and use agreements which mny be consented to by the Agency and scrvice•relsicd leases or casements. such as laundt-y service leases or television cahle easements, over portions of the Project, provided, hntvewr, the saute are granted in the ordinary course of business in connection with the operation of the Project as contemplated by this Agreement; (4) leases of apartment units to tenants, including Very Low -Income Tenants. in accordance with this Agnecment, (5) any sale or conveyance to a. condemning governmental authority as a direct result of a condemnation or a governmental inking or a threat thereof: (6) the placing of a subordinate mortgage lien, assignment of leases find rents or security interests on or pertaining to the Project if made expressly subject and subordinate to this Agreement; or (7) any change in allocations or preferred return of capital, depreciation or losses or any final adjustment in capital accounts (rill of which may be freely transferred or adjusted by Owocr pursuant to Owner's partnership agreement). 12 Wr�r 51 4 ` , https://onl1neservices.miam1-dadecierk.com/officia]records/pdfjj sviewer/web/viewer.html 12/18/2020 PDF J s viewer Page 13 of 21 Section 5. project Within Aaencv'a 1IuriShcctiott. The Owner hereby represents and warrants that each building in the project shall be located entirely within the Iimas of the County, Section 6. Ttr.n of this Agreement. (a) This Agreement shrill become effective upon its execution and delivery, and shall remain in full force and effect unit the expiration of the Extended Usc Period or except as otherwise provided in this Section 6. Upon the termination of this Agreement. upon request of any party hereto, the Agency and the Owner or any successor party hereto .that] execute a recordable document prepared by the Agency or its Counsel further evidencing such termination. (h) The restrictions contained in Section 2 and Section 3 of this Agreement regarding the use and operation of the Project and of each building in the Project shall automatically terminate in the event of involuntary noncompliance caused by fire. seizure. requisition. forcriosure or transfer of title by deed in Lieu of rareclosure to an entity other than the Owner or a Related Person of the Owner (except as may otherWisc be determined by the Secretary of the Treasury). change in a federal law or an action of a federal authority after the date hereof which prevents compliance with the covenants expressed herein. or condemnation or similar event (as dcicrmined by the Agency upon the advice of Counsel). In such event, upon the request and at the expense of the Owner, the parties hereto shall execata an appropriate document in recordable fonn prepared by the Agency or its Counsel to evidence —h automatic t—ination. This Section 6(b) shall not apply (and the restrictions contained in Sections 2 and 3 shall therenfler apply) to the Project in the event that, subsequent to any involuntary noncompliance as described in this Section 6(b) but prior to the expiration of the Lxlcndcd Use Period, (x) o Related Person to the Owner obtains an ownership interest in the Project for tax purposes, or (y) the Secretary of the Treasury delcrmincs that such tarcclosure or ironsrc� ortitic by deed in lieu of foreclosure is part of an arrangement to terminate this Agreemenl. (c) The restrictions contained in Section 2 and Section 3 of this Agreement regarding the use and operation of the Project and of each building in the Project shall remain in perpetuity. i.e., fifty (50) years. (d) Notwithstanding the termination of the restrictions contained in Section 2 and Section 3 prior to the expiration of the Extended Use Period. the Owner (including any successor or assignee of the Owner) shall not, prior to the end of the three (3) year period following such termination: (i) evict or terminate the tenancy of any existing tenant (including any tenant whose income is treated as conlinuing "I to exceed the applicable income limit as provided in Section 3(a) above) of any Low -Income Unit or Very Low -Income Unit, other than fur good cause, or (ii) increase the Dross Rent with respect to such Low-income Units or Very Low -Income Units in excess orihe amounts allowable as Rent-Restricled Units (c) Notwithstanding any other provisions of this Agreement, this entire Agreement. nr any or the provisions or sections hereof, may be terminated upon agreement by the Agency and the Owner if there shall have been received an opinion of Counsel to the Agency that such termination is permilled under Section 42 of the Code. 13 tar i t r fr 7., � � r' � ��. ^� https-Honlineservices.mianii-dadeclerk comfofficialrecords/pdfjsviewerfweb/viewer.html 12/18/2020 PDF.3s viewer Page 14 of 21 ofr R[C..17435p,,Xffi Section 7. T,pdemniljeltitta. The Owner hereby covenants and agrees to indemnify and hold the State. the Agency and the Monitoring Agent. and their respective members, directors, afftcers, employees. attomcys, agents and reprcacruatives (any or all of the foregoing collectively referred to as the "Indemnified Pcrsons") harmless from and against any and all losses, damages, judgments (including specifically punitive damage awards), arbitration awards, amounts paid in settlements. costs and expenses and liabilities nfwhatsoever nature or kind (including. but not limited to, reasonable attorneys' Pecs. whether or not suit is brought and whether incurred in connection with settlement negotiations, investigations of claims, at trial, on appeal, in bankruptcy or other creditors' proceedings or otherwise, expert witness fees and expenses and court casts) directly or indirectly resulting from, arising out of or in connection with tiny act or omission to act by the Owner or any of its partners. directors. officers, employees, attorneys or agents or other persons under direct contract to the Owner or acting on its behalf, resulting from. arising out of or rclatittg to: (i) the granting of lot failure to grant) any low-income housing tsar credits, (ii) the interpretation or enforcement of any provision of this Agreement (including but not limited to any action by any Icnant to enforce the provisions hereof), (iii) any wntten statements or representations made or given by the Owner or by any partner, director, officer, employee, attorney or agent of the Owner or by any person under direct contract to the Owner or acting on the Owner's behalf to any person to whom the Owner sells or offers to sell any interest in low-income housing tax credits. or (ivy the design, construction, installation, operation, use, occupancy, maintenance or ow-wrship of the Project. Each indemnified Person will promptly, and tiller notice to such Indemnified Person (notice to the Indemnified Pcrsons being serviced with rc.rwcl to the filing of an illegal action, receipt of tray claim to writing or similar form of actual notice) of any claim as to which he asserts a right to indemnification, notify the Owner of such claim. Each Indemnified Person will provide notice to the Owner promptly. but in no event later than seven (7) days following his receipts of n filing relating to a legal action or thirty (30) days following his receipt of any Such other claim. If any claim for indemnification by one or mom Indemnified Pcrsons arises out of n claim for monetary damages by a person other than the indemnified Persons, the Owner shall undertake to conduct any proceedings or negotiations in connection therewith which are necessary to defend the Indcmnificd Pcrsons and shall take all such steps or proceedings as the Owner in good faith deems necessary to settle or defeat any such claims, and to employ counsel to contest any such claims: proOded. however. that the Owner shall reasonably consider the advice of the Indemnified Persons as to the defense of such claims, and the Indemnified Persons shall hove the right to participate, at their own expense, in such defense. but control of such litigation and settlement shall remain with the Owner. The Indemnified Persons shall provide all reasonable cooperation in connection with any such defense by the Owner. Counsel (except as provided above) and auditor fees, filing fees and court fees of all proceedings, contests or lawsuits with respect to any such claim or asserted liability shall be borne by the Owner. If any such claim is made hereunder and the Owner does not undertake the defense thereof. the Indemnified Persons shall be entitled to controi such litigation and settlement and shall be entiged to indemnity fur all costs and expenses incurred in connection therewith pursuant to the terms of this Section 7. To the extent that the Owner undertakes the defense of such claim, the Indemnified Persons shall be I>c https -.Honl i n eservices. miami-dadecl erk, com/officl al records/pdfj sviewer/web/viewer. html 12/ 19/2020 PDF J s viewer Page 15 of 21 UC:I74MFr`.'M entitled to indemnity hereunder only to the extent that such defense is unsuccessful as dctcrmined by a final judgmenl of a court of competent jurisdiction, or by written acknowledgment ofthe panics. The Owner reserves the right to appeal any judgment rendered - Section S. ticlimc. The Agency and the Owricr hereby recognize and agree that the representations and covenants set forth herein may be relied upon by all persons interested in the legality and validity of the Owner's use of the Tax Credits- In perforating their duties and obligations hereunder, the Agency may rely upon statements and ccr6ficutcs of the Owner and Low -Income Tenants believed in good faith to be genuine and to have been executed by the pror,cr person or persons, and upon audits of the books and records of the Owner pertaining In occupancy of the Project. No intcrlincation or manual alteration to the typed version of this Agreement shall he permitted unless initiated by all panics to the Agreement. In addition, the Agency may consult with counsel, and the opinion of such counsel shall ba full and complete authorization and protection with respect to any action taken or suffTercd by the Agency hereunder in good faith and in conformity with the opinion of such counsel. 'Phc Owncr steal I reimburse the Agency for reasonable attorneys fees and expenses incurred in obtaining the opinion of such counsel. In performing its dudes and obligations hereunder, the Owner may rely upon certificates of Low-Income'fenants reasonably believed to be genuine and to have been executed by the proper person or persons. The owner may rely on the rates, regulations. guidelines and politics of the Agency, the Department of the Treasury, and upon rc+uonablc interpretations of the same, Section 9. Enforcement by the Agency and by Tenants, If the Owner defaults to the performance of its obliga(ions under this Agreement or breaches any covenant, agrecmcin or wam city of the Owner set forth in this Agreement, and if such default or breach remains uncured for a period of sixty (60) days (or ninety (90) days for any default not caused by a violation of Section 2 or 3 hervol) after written notice thereof shall have been given by the Agency to the Owner (or for an extended period approved in wnting by Agency Counsel (x) if such default or breach %rated in such notice can be corrected, but not within such sixty (60) day (or ninety (90) day) period, and (y) iF the Owner commences such correction within such sixty (0) day (or ninety (90) day) period and thereafter diligently pursues the same to completion within such extended period). then the Agency shall give note of such default or breach to the Internal Revenue Service and may terminate all rights of the Owncr under this Agreement. and the Agency may take whatever other action at law or in equity or otherwise, whether for specific Performance of any covenant in this Agreement or such 3ther remedy as may be decined most effectual by the Agency to enforce the obligations of the Owner under this Agreement. Notwithstanding any of the foregoing, the Agency shall have the right to seek specifte perlbtrrtance of any of the covennnts, agreements and requirements of this Agreement conceming the construction and operation of the project and any person who satisfies the income limitations applicable to Low-income Tenants hereunder (whether prospective, present or former occupants of any Residential Rental Unit in any building included in the Project, including any tenant whose income is treated as continuing not to exceed the applicable income limit es provided in Section 3(a) above) shall scpamiety have the right to seek specific performance and otherwisc IS F Y ii ' r -IFfy� �t littps-.//onlineservices.miami-dadeclerk.com/officialrecord5/pd sviewer/web/viewer,html 12/18/2020 PDF js viewer Page 16 of 21 orr.i��•�r RI:C. rf enforce the requirements of Section 3(b) and Section 3(c) with respect to such building that is part or the Project. The Owner must obtain the Agency's approval of the management company selected to manage the prolco. the Agency must be advised of any change in the owner's selection of a management company, and the company must be oppmved by the Agency prior to the nrm assuming responsibility for the project The Agency shall have the right to require the Owner to remove any Manager or Managing Agent who does not require compliance with this Agreement upon such Managers or Managing Agent's being given thirty (30) days' written notice of a violation, and such right shall be expressly acknowledged in any contract between the Owner and any Manager or Managing Agent. The Agency shall have the right to enforce this Agreement and require curing of defaults in shorter periods than specified above if Agency Counsel makes a reasonable determination that such shorter periods are necessary to comply with Section 42 of the Code. Section 10. Recording and Filjagi Coverianis to gun with the Land. (a) Upon execution and delivery by the panics hereto, the Owner shall cause this Agreement and all amendments and supplements hereto to be recorded and filed in the official public records of the County in such manner and in such other places as the Agency may reasonably request and shall pay all fees and charges incurred in conncclion therewith. (b) This Agreement and the covenants herein shall run with the land and shall bind. and the benefits shall inure to, respectively. the Owner and the Agency and their respective successors and assigns during the term of this Agreement, (e) Upon reasonable notice, if there has been no event of dcfaull under this Agreement, the Agency shall furnish to the Owner a statement in writing certifying that the Agreement is not in default. Section 11. To the extent that Section 42 of the Code or any amendments thereto and any final or temporary Treasury Regulations or Revenue Rulings thereunder shall impose requirements upon the ownership or operation of the Project more or less restrictive than those imposed by this Agreement, the Owner and the Agency agree that this Agreement shall be deemed to be automatically amended to impose such additional or more restrictive requirements or to impose less restrictive requirements, as appropriate; provided, however, this Section t 1 shalt not affect requirements of this Agreement imposed by Stoic law or agreed to by the Owner that were the basis of the Agency's competitively scoring and ranking the Owner's application (including any modifications or supplements thereto) for Tax Credits The Owner and the Agency shall cxrctue, deliver and. if opplicable, file of record any and all documents and instruments necessary in the reasonable opinion of Counsel to the Agency to be 16 httpsWon] ineservices.m I ami-dadecIerk.corn/offici al record s/pdfjsviewer/web/viewer, html 12/18/2020 PDF'.js viewer Page 17 of 21 V17 IM in compliance with the provisions of Section 42 and nll other provisions of the Code and Florida low relating to Tax Credits. Section 12. Goytraing Lary. This Agreement shall be govemed by and construed in accordance with the laws of the State of Florida. Seelloa 13. N01kt. Any notice required to be given hereunder shall be given by personal delivery, by registered ar certified U.S. Mail or by etpedited delivery service at the address as specified below or at such other addresses as may be specified by notice to the other parties hereto, and any such notice shall be deemed received on the date of delivery, if by personal delivery or expedited delivery service, or upon actual receipt if sent by registered or certified U.S. Mail, Agency: FLORfDA HOUSING FINANCE AGENCY 227 North f3ronough Street. Suite 5000 Tallahassee, Florida 32301-3129 Attn: Susan J. Leigh Executive Director Owner: CENTRAL CITY APARTMENTS, LTD. 1460 Bticitell Avenue, Suite 309 Miami, Florida 33131 AiM Agustin Dominguez Section 14. Seytrshility- If arty provision of this Agreement shall be bold by any court of competent junsdietion to be invalid, illegal or unenforceable, such provision shall be deemed omitted from this Agreement and the validity, legality and enforceability of the remaining portions of this Agreement shall remain in full force and effect, but such holding shall not affect the validity, legality or enforceability of such provision under other, dissimilar facts or circumstances. Section 15, Multiple QuinlcIII&M. This Agreement may be simultancously executed in multiple counie€purts, all of which shall constitute one and the same Instrument and each of which shall be deemed to tic an original. Section 16. R a a¢ -Erect. This Agreement shall be binding upon and inure to the benefit of each of the parties and their soccessors and assigns, but (his provision shall not be construed to permit assignment by the Owner without the written consent of the Agency. (ME REMAINDER OF THIS PAGE IiaTENTIONALLY LEFT BLANK) 17 https -//on] i n es ervices. m i aiii i-dadecl erk. corn/offi ci al record s/pdfj svi ewer/web/vi ewer. html 12/ 18/2020 PDF.js viewer Page IS of 21 ORICTUAW SIGNATURE PAGE FOR EXTENDED I-QW-INCOME HOk1yING AGIRREMENT IN WITNESS WHEREOF, the Agency and the Owner have executed this Agreement as of the dote first written above WITNESSES. FLORIDA HOUSING FINANCE AGENCY, a stale agency and instptrnentality and a public body corporate and politic duly existing under the laws of the Stale of Florida Obvi& nrn�h 1;4, A. Asti• STATE OF LUkdd,,, COUNTY OF _ By: Swan J. Leigh Executive Di r Secretary (SEAL.) The foregoing instrument was executed and acknowledged before me this 1Q1.�i_- day of 19-T& by Susan 1 Leigh as Executive Dirttctor and Secretary of the FLO DA HOUSING FINANCE AGENCY, a state agency and instrumentality and a public body corporate and politic duly existing under the laws of the State of Florida, on behalf of said Agency. She is personally known to me and did not take an oath or affirmation. ............ Z' et- NotaryPublic Printed Name- 23Cf+/1 A. 67red �.. My Cammission Expires: -3-1- 94 �,arn»nt� 18 hops://onlineservices. miami-dadeelerk.com/officialrecords/pdfjsviewer/web/viewer.html 12/18/2020 PDF.js viewer Page 19 of 21 REe:17 `M SIGNATUREr O. IN WITNESS WHEREOF, the Agency and the Owtxr have executed this Agreement as ofthe date first written above. WMESSES: STATE OF PLORIDA COt NTY OF CENTRAL CITY IAPARTMINTS, LTfl. ,e [+LORIRA limited partnership. By:GMN APPORDABLI TIOUSIN6 PARTNER IV, INC. , one oF? general partners of Byx v• P, -- Vice Pr 6 dent Title By: CENTRAL CITT APARTMEOM tiuwru.naa�n one of ? _ general partners of Tillc The foregoing instrument was executed and acknowledgeOrfore me this 6 th day of Novembar Iq 96 by Russell A. Sibley, Jr. individually asone of? Central City kpartrante, r.td_ ,a generttlptulnersof Florida limited partnership, on hehitif of said partnership. He is personally known to me or produced as identifrcouon an i [ not taTe an -oath or affirmation. I AIAW-MM N rccsoon +ono * ?w w.r Pdrmr.rw MM C. AtfALWY01 w00ralrae189Csm" ■.r rti ■,rrrrr arra NooP nt My Commission Expires. 19 https://ontineservices.miami-dadeclerk.com/officialrecords/pdfjsviewer/web/viewer.htmi 12/18/2020 PDF.js viewer Page 20 of 21 REC:1714 STATE OF Florida COUNTY OF >3aAe The foregoing instrument was utt and acknowledged before me this /�!' day or 19 A� by �(dj 2;A individually as one of Z general partners or CRUPMhL CITY ►IPARTKINTS, 079. 18 Florida limited partnership, on behalf of said partnership. He is Mirsonaliy known to MS or producedas identification and did/did not take an oath orafrrntstlen, Notary Public Printed Name:RD c p ry My Commission Expires: tih G.�. F+a ��•� 4 saYu ra we cevsm fly+� Ilsr+o 20 https-//onlineservices. mi am i-dadeclerk. com/officialrecords/pdfj sviewer/web/viewer.html 12/ 18/2020 PDF,js viewer Page 21 of 21 PLANTremB "to 1,2,3,4.S,b.7,B,9, and tO, Mock 1, Spring Garden, according to the Plot thereof, recorded in Plat Book s, Page 38, of the Public Records of Dada County, Florida. 2962-001-10439.01 (my. 7 1 9f) 21 A[CIYKlU W Ci.OAI MFi tM R ix,� a , nuurs� WC— VF—Wrrx.r.rr HARVEY AWN cum uncun cower https:Honlineservices.miami-dadeclerk.corn/officialrecords/pdfjsviewer/web/viewer.htm] 12/18/2020 PDF j s viewer Page 1 of 4 REC 0"*.I Z931�19BZ ✓l ric tr'• . or I,. :;1.r :rn J'..rtrl FIKtiI AMENOMlEN9''ro EXTENDED LOW-INCO KIF IIol1SING AGREEMENT H1CrIlLAND PARK Al"AK•rMrNT-0/41_ o.l l This AMENDMENT i,� made amid catered inr++ this v_?y day of tir�tl� 19QE_' between FLORIDA HOUSING FINANCE CORPORATION. a public ca uralion, the successor in interest to the Florida Housing Finance Agency. (Ibc "Corporation"). and C'L•N'1'RAL CITY APARTMENTS. LTD , n Flondn limited partnership (thc "Owner") ! W ITNESSETI 1 __ __ W4F(ERL•AM, u+ itelx;�G, 1199tr ;that ecMdin Extended l.tnr-h+comc l (rw:an g, Agreement (the "Agrcemcrrl") was etecute mwren t Ic arpt>ralinn and Uwner, aitT"�—� WHEREAS, the Altreetnem was recorded in 011icial Rccurds Miuk, 17435. page 3595 of the public records of Dade County. Florida. and WHEREAS. tb,, Corporation ha% requ:med and Omer has agreed to amend the Agreement as niore particularly set forth heretnbelow, NOW. Tt 1EREFORE, for a good and valuable ctmsideraliou. the receipt and sull'iciency of which is hereby acknowledged, Corporation and Owner agree as follows The foregoing recitations are true aid correct and arc hereby incorporated by reforenee 2 The Agreement is hereby niodiRcd to amend Scotian 2 (e)(2) io rend as follows Ilia rratn in mi Ivgw,ral Ili tin— J. 1. igh FLIIRMA 1101 N'ft; rtNAWI: U IRRIFLAM)N Tar tannl+ 0—phwy 1. vune 50,13, TnlWruu.az. Fh+nJs 5I?n1-152a r(- . �tp i ,• iy0 a e p n hapsl/onlineservices.miami-dadeelerk.com/oflicialrecords/pdfj sviewer/web/viewer.html 12/18/2020 PDF.js viewer Page 2 of 4 art . t �293PG 1 �B3 f2f Kccidenlial Rental Units which are similar is quality and type o+l' consrruction and %which will include the folkovine. arnenotics water heales blankets. air conditioning. criergy lealure%. microwave oven, secniny fn:htures. v rticat blinds. and for clJerlyMnrMficarlxvl7dixahleJ tennnls. hathroonts in set -aside unns lover handtcapli d acccssihthty slandards. tut internal stairway% in Rel-aside limit%. and all sol-a lde uhils on first Iltxnr or accessible by ete%mtor. and f Except as herein modified. the Agreement shall millain in full ftnce and elrect and fully enforceable in acetttdaose with its leans IN WITNESS W HEREOF. the Corr ormmo and [honer hart executed this Amendnium is of the dote first ahaty tvritren WITNESSES. MORIPA I IOUSING FINANCE CORPORATION. a pohlic cn.p—pion. Itlg succes%or in interest to the Florida I Inu.illg Finiolee Agency _ _ Gtr�r- _.. • 11y -.. _ _ !L StisanJ treigh •• - -- E"CL utive7Siiirc to Kecttuve L:e�- '� t,ntA +a'o�he- 4xrril RajSecrelmN. STATE Or, FLORMA COUNTW OF LEON The foregoing instrument was executed and acknowledged bct'orc ono this AA -'A, thty or 1oya_ by Sown J Leigh as Fxecutive Director. Chie1'L•xecutive Officer and Secrctary ofFLORMA HOUSING FINANCE:.CORPORATION. a public corlwratiun. the succossur in interest to the Flonda Iloosing Finance Agency. on behalf of laid CorMralion She is personally known to me and did nol take an oath or affirmation Notary Ihrblic PrintedNamc Sw,.rk. KIv'o My foniinissitm Expires a Ir i-/on JFNN�ER FLLIN MyA - MY OpMyaddl I a rataia t .��%' m nrMaEE. Med� Ir. 7ml https:llont ineservices. miami-dadeclerk. comlofficialrecordslpdfjj sviewerlweblviewer. html 12/ 18/2020 PDP.js viewer Page 3 of 4 WI7`NESSGti STATE or XUo air►- �._ COUNTY of .. _!" _ +.' horded panm:rshill 0r6MLjAlrF,0jtJk04E_ AOVA-A 49971)Fle RIV c . tint 1)f J$Cncral parurcrs of f The foregoing instnlmenl was executcd and acknowiLdged before me this 0e .fay of ! g q� by •rya t u,d� r�aF!!'7a".�iP/ o i �vrst4r6�__.'��• a partnership, on ehalf tit'said partnership _ l.u'S he{, . fi?D_!►ai�_ _ �__ 14 persorwlly known to me or has produced ,.� as Nora r°uhh�� a.� aOREfNa.wiiAaw primed Name ��a �� weorreseiax�tcove+r My � ommiuion Cx � rr� �nrA�.��.n.. !6f 2troL ; https://onlineservices.miami-dadeclerk. com/ofiici al records/pdfj sviewer/web/viewer. html 12/ 18/2020 PDF J s viewer Page 4 of 4 "I" 18293rc 1985 AFC. Lots t,2,3,4,5,6,7,A,9, and 10, 91ock 1. Spring Cacden.according to the Plat thereof, recorded in Plat Hook 5, Page 38, of the Public Records of Dade county. Florida. 2992-001-10439.01 (mv. 3-1-91) 21 +aewa�u+.n�ate ne�.weew .. ow, cwMr•.nww sereea, rrhwFa MARM RIM* 8UM* "ftImrrnurr https://oniineservices. miami-dadeclerk.com/officia]records/pdf sviewer/web/viewer.html 12/18/2020 PDF.js viewer Page 1 of 4 I illlil hill klllk II1N Illli hill I[I[I ills Ills GFH 2O04ROX50219 OR OM 22094 Pss 4006 - 4009; (oars) RECORDED 03/05/2004 09:2326 HARVEY RWIN, CLERK OF COURT nIRn1-OADE COUNTY, FLORIDA SECOND AMENDMENT TO EXTENDED LOW-INCOME DOUSING AGREEMENT Highland Park Aparuncnis/%L-041 This AMENDMr:NT is made and entered into between FLORIDA HOUSING FINANCE CORPORATION, a public corporation, the successor in interest to the Florida Housing Finance Agency, (the "Corporation"), and CENTRAL CITY APARTMENTS, LTD., a Florida limited partnership (the "Owner"). WrrNESSETIis WHEREAS. on November 6, 1996, that certain Extended Low -Income Housing Agreement (the "Agreement") was executed between the Corporation and Owner; and WHEREAS, the Agreement was recorded in Official Reattrds Book 17435. page 3595 of the public records of Dade County, Florida; and WHEREAS, the Corporation has requested and Owner has agreed to amend the Agreement as more particularly set forth herein below. NOW, THEREFORE., for a good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Corporation and Owner agree as follows: The foregoing recitations are true and correct and are hereby incorporated by referenee 2. 'Ifre Agreement is hereby modified to amend Section 2 (ff) to read as follows: TI//S INSTRUMENT PREPA RFV BY.• Jennifer Chester FLORIDA HOUSING FINANCE CORPORA LION 7.27 North Bronough Street, Suite 50130 Tallahassee, Florida 32301-1329 RECORD a RF.TM TO: wellingeon Mcffcn FLORIUA HOUSING FINANCE CORPORA'f ION 227 North Arortough Street. Suite 5000 ` 'Tallaha"m, Florida 32301-1329 Book22094/Page4006 Page 1 of 4 https:Honlineservices. miami-dadeclerk. com/officialrecords/pdfjj sviewer/web/viewer. html 12/18/2020 PDF.js viewer Page 2 of 4 (0 That, during the Extended Use Period, the Owner shall provide the following tenant programs: day care, counseling, educational courses, job training and tenant activities. Additionally, the Owner will offer financial incentives to qualified tenants wishing to move into holm ownership as follows: the financial incentive must be applicable to the home selected by the tenant and may not be restricted to or enhanced by the purchase of homes in which the Owner, Developer, or other related party has an interest; the rtnancial incentive must not he less than 5% of the rent for the tenant's unit during the tcnanl's entire occupancy; the benefit must be in the form of a gift or grant and may not N: a loan of any nature; the benefits of the incentive must accrue from the beginning of occupancy; the vesting period can be no longer than 2 years of continuous residency; and no fee, deposit or any other such charge can be levied against the tenant as a condition of participu6nn in this incentive, and 3. Except as herein modified, the Agreement shall remain in full force and effect and fully enforceable in accordance with its terms. (REMAINDER OF PAGE rNTFNTIONALLY LEFT BLANK) Book220941Page4007 Page 2 of 4 https:{/onlineservices.miami-dadecierk. com/officialrecords/ndfj svi ewer/web/viewer.html 12/ 18/2020 PDF.j s viewer Page 3 of 4 IN WITNESS WI IEREO , the Corporation and Owner have exeetlted this Amendment as ofthe date of execution by the Corporation. WITNESSES: Wr STATFOF-r-�O-r couNrYOFr LTD .a limited `p'artnership, one of 'k gene l partners of C B)r �! President , Title the foregoing instrument was acknowledged before me this day of 71by as for smijas cas[�1� x�IVs+te. Geuel-krt.�raf i Ct nskr-QA C:-l7 Pr't� LeAAM, STD. Cdbx �.�kt=Nam r4.� s� Notary Publ c Printed Name: vhm etl it •Cock, R! My Commission Expires: `j - T - 9-o 05 Personally known y OR Pmdueed Identification Type of ldentifcation Pmduced Book220941Page4008 rfrosts W W farms 4, iac Page 3 of 4 https://onli neservices. miami-dadeclerk. com/offici alrecords/pdfjj sviewer/web/viewer. html 12/ 18/2020 PDF.j s viewer Page 4 of 4 WITNESSES: ~et:,n SCr9rno*�n STATE OF FLORIDA COUNTY OF LEON OR 8K 22094 PG 400V LAST PAGE FLORIDA HOUSING FINANCE COMRATION, a public corporation, the successor in interest to the Florida Housing Finance Agency ay: Steve Auger Deputy Development Officer The foregoing instrument was executed and acknowledged before me this 1 a+w day of 2004 by Steve Auger as Deputy Development OMccr of FLORIDA HOUSING F rANC1 CORPORATION, a public corporation, the successor in interest to the Florida Housing Finance Agency, on behalf of said Corporation. He is personally known tome. ]� SaYnorarn r,,. ►ncaro+masn. oomc►o nuAts Book22094/Page4009 C>gu.n tm_ril r� Not blic — Printed Name: My Commission Expires: Page 4 of 4 https:Honlineservices. miami-dadeclerk. corn/off cialrecordslpdfjjsviewer/weblviewer.html 12/18/2020 PDF j s viewer Page 1 of 4 CF14 200BRO4621370 OR Ilk 26501 Pas ia17 - te20t (Eras) RECORWO 07l30l200a 09t07r49 HARVEY RUVINr CLERI( OF COURT 111ARt-DAM COUNTY, FLORIDA THIRD AMENDMENT TO EXTENDED LOW-INCOME HOUSING AGREEMENT HIGHLAND PARK 194Ld141 This AMENDMENT is made and entered into between FLORIDA HOUSING FINANCE CORPORATION, a public corporation, the successor in interest to the Florida Housing Finance Agency, (the "Corporation"). and CENTRAL CITY APARTMENTS, LTD., a Florida limited partnership (the "Owner")- WITNESSETH: WHEREAS, November 6, 19%, that certain Extended Low-income Housing Agreement (the "Agreement") was executed between the Corporation and -Owner: and WHEREAS. the Agreement was recorded in Official Records Book 17435, page 3595 of the public records of Miami -Dade County, Florida; and WHEREAS, the Corporation has requested and Owner has agreed to amend the Agreement as more particularly set forth herein below. NOW, THEREFORE, for a good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Corporation and Owner agree as follows: The foregoing recitations are true and correct and are hereby incorporated by reference, THIS INSTRUAfENT PREPARED BV.- lade Oliver FLORIDA HOUSING FINANCE CORPORATION 227 North Bronough Street, Suite 5000 Taltahassee, Florida 32301.1329 RECORD � RETURN TiO: Amy Garmon FLORIDA HOUSING FINANCE CORPORATION 227 North W000ugh Street, Suite 5000 Tallahassee. Florida 32301-1329 Boo k26501/Pagel817 CFN#20080621370 Page 1 of 4 https://onlineservices.miami-dadecterk.com/officialrecordslpdfj sviewer/web/viewer.html 12/18/2020 PDF.js viewer Page 2 of 4 The Agreement is hereby modified to amend Section 2 (f) to read as follows: (n That, during the Extended Use Period. the Owner shall provide the following tenant programs: day care and educational courses./tutorial initiative Additionally. the owner will offer financial incentives to qualified tenants wishing to move into home ownership as follows: the financial incentive must be applicable to the home selected by the tenant and may not be restricted to or enhanced by the purchase of homes in which the Owner, developer, or other related party has an interest; the financial incentive must not he less than 5% of the rent for the tenant's unit during the terunu's entire txcupancy; the bcncfit must be in the form of a gift or grant and may not be a loan of any nature; the benefits of the incentive must accrue from the beginning of occupancy; the vesting period can he no longer than 2 years of continuous residency; and no fee, deposit ar any other such charge can be levied against the tenant as a condition of participation in this incentive: and Except as herein modified, the Agreement shall remain in full force and effect and fully enforceable in accordance with its terms, d. IN WITNESS WHEREOF, the Corporation and Owner have executed this Amendment as of the date first above written. (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) Book265011P,age1818 CFN#20080621370 Page 2 of 4 littps://on]ineservices,miami-dadeclerk.corn/officialrecords/pdfjjsviewer/web/viewer.htm] 12/18/2020 PDF.j s viewer Page 3 of 4 SIGNATURE PAGE FOR OWNER IN W WESS WHEREOF, the Corporation and the Owner Dave examded this Agreemaet as of the date of execution by the Corporation. ►17as.1:S 111xp ? c. STATE OF r—LD0 1l COUNTY OF tjjAMjE a li 'ic �erahip. By: one of _ g era! partners of The forgoing insrumsnt was acknowledged before me this __U_ day of 7u4!f , by :RLnAA&t WiLtal+AFAA as for � LiLn. Svc. Naus,nrC, h4u11GEMrEVf tnu . No4ry Public' Printed Name: My Commission Expires: Personally known OR Produced Identification LZ Type of Identification Produced R4jLM ZD fww4vH Aft ficmcwn,raooeassra E�pin! 7lstrJtH t Book26501 /Pagel 819 CFN#20080621370 Page 3 of 4 https:)/onl i neservices. mi ami-dadecl erk. com/official records/pdfjj sviewer/web/viewer. html 12/ 18/2020 PDF.js viewer Page 4 of 4 OR BK 24501 PG 1820 LAST PAGE SIGNATURE PAGE FOR FLORIDA HOUSING FINANCE CORPORATION EXTENDED LOW-INCOME HOUSING AGREEMENT #"E,-041 IN WrINESS WHEREOF, the Corporation and the Owner have executed this Agreement as of the date of execution by the Corporation. WITNESSES: STATE. OF FLORIDA COUNTY OF LEON FLORIDA HOUSING FINANCE CORPORATION, a public corporation By: rah er Blindetmart Deputy Development Officer (SEAL) The foregoing instrument was acknowledged before me this -�54— day of 2008 by Deborah Dozier Blinderrnan as Deputy Development Officer of the FL RI HOUSING FINANCE CORPORATION, a public corporation, the successor in interest to the Florida Housing Finance Agency, on behalf of said Corporation. She is personally known tome. rNrINNII �eFIr., No blic. State of Florida aT :ir fN1iN�t Book26501 /Pagel 820 CFN#20080621370 Page 4 of 4 https://onlineservices.miami-dadecierk.com/officialrecords/pdfjjsviewer/web/viewer.htm] 12/18/2020 Registered Lobbyists and Active Issues Graiia, Maria A. Address: 150 W. Flagler Street Suite 2200 Organization Steams Weaver filler city : Miami Telephone 3057893525 Fa : 3057892627 State :FL Zip : 33130 Email: mgralia@stearnsweaver. om Principal Name Issue Description Annual Lobbyist Registratson Fee Art House Academy & Warrant to permit special training and Abbey Road Institue Miami vocational use on the property PFSG 1510 MOM,LLC Code Enforcement Hearing Flagstone Island Gardens, Any and alt matters related to the LLC Retail/Parking Component Amended and Restated Ground Lease dated as of August 31,2016, the Amended and Restated Agreement to Enter into Ground Lease dated as of February 1,2010, and any related agreement between the City and Flagstone Highland Park 1020 Rezoning and Repiating of Property- Vacat Right Of Way C/O Jean-Pierre Brunois The Cushman School, Inc. Entitlement for new high school facility Registration Date 07120/2020 08/20/2019 07/1012017 051215512017 0 7 /20/2020 06/2612017 Payment Comments 525 00 284019 105.00 278173 105.00 264094 105.00 253327 105.00 284019 Pape 1Q1 of d18 I Printed On 1212r2020451,06 PM City of Miami OFFICIAL REC a < t j/ V t If I I r C ci Received f m. Address: 1 C I For ir eferenc This Receipt not VALID unless dated, g tilted in and signed by authorized em- pi )yes of department or division des- Departure ignated hereon and until the City has collected the proceeds of any checks Division: tenderea as payment herein. C I FN,TM 402 Rev. 03/03 DMINbutlonn: White - Custurnev,, Canary - Finance; Pink - sal CHECK DATE 01 /27/21 CrTIBANK, N.A. MIAMI, FLORIDA STEARNS WEAVER MILLER WEISSLER ALHAI)EFF & SITTERSON, P.A. ATTORNEYS AT LAW ISO West Flegler Strew Suile 2200 Man, Rodda 33130 *** FIVE HUNDRED TWENTY-FIVE AND 001100 Dollar PAY City of Miami Clerk TO THE ORDER OF 11' 28�,833021:266D86551,1:32DO2??2380 No. 504514 . I# Department CHECK NO.: 286833 Not valid after 90 days CHECK AMOUNT 525.00 1 A 1Nu ACCOUNT AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared MARIA A. GRALIA, ESQ. who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, application as required by the Code of the City of Miami, Florid, located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her for him/her to act in his/her behalf for the change or modfi regulation of zoning as set out in the foregoing petition, ®ins responses to day-to-day City staff inquires. 3. That the foregoing and following pages are part of this affidavit ar mailing addresses, telephone numbers and legal descriptions c he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents this affidavit, are true and correct. 5 That a refund. if any, by the City is to be issued to the folio+ HIGHLAND PARK 1020, LLC STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. 150 WEST FLAGER STREET, SUITE 2200 Further Affiant sayeth not. MARIA A. GRALIA, ESQ. Q9a Applicant(s) Name Printed STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 20 20, by MARIA A. QBaLIA,ESQ, who is a(n) indivi HIGHLAND PARK 1020, LLC day of bmitting the public hearing affecting the real property it and complete permission Lion of a classification or iding or ❑not including contain the current names, the real property of which in conjunction with g person at the address s) Signature a(n) individual/partnership/Corporation. hie/She is npersonally known to me or ❑who has _ produced ^� as identification and who ❑did ❑did / take an oath. (Stamp) t;i�►i LINDACHRISTIAN My COMMISSION # GG 279264 EXPIRES: M" 24, 2023 Sig Rev. 10-18 G�V'Y °F �r 1 * INEIiP 1:ATLI * g IB fl t R Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and liens attached to the subject property, or properties, as of the current date and time the following report was created. Closed violations and future violations are not included. A violation may become a lien when the property owner does not timely remedy the violation. This report may include two types of liens: Certified liens and non -certified liens. Certified liens have a set amount to be paid. Conversely, most non -certified liens continue to accrue interest or a per diem fine; therefore, those liens must be satisfied with the City as quickly as possible. All outstanding violations and liens must be satisfactorily resolved before the City can issue a Certificate of Use (CU); however, the City inspects all properties prior to the issuance of a CU and those inspections may yield additional items, which must be addressed by the owner at the property prior to issuance of a CU. This search does not include encumbrances, other liens, restrictions or the like, recorded in the Public Records of Miami -Dade County, Florida. Please contact Miami -Dade County for the aforementioned items. Code Violation/Lien Inquiry Letter Page 1 of 5 Linda Christian 3024 SW 25 Street Miami FL 33133 City of Miami (a) Property Search Notice 03/11/2021 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 03/11/2021. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3135-027-0010 Property Address: 1020 NW 7 AV Legal Description: 35 53 412 54 41 SPRING GARDEN PB 5-38 LOTS 1 TO 10 INC BLK 1 LOT SIZE 55040 SQFT OR 16890-4658 1295 5 Amount Payable On: 03/10/2021 to 04/10/2021 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 City of Miami e Linda Christian 3024 SW 25 Street Miami FL 33133 03/11/2021 Folio Number: 01-3135-027-0010 Property Address: 1020 NW 7 AV Legal Description: 35 53 412 54 41 SPRING GARDEN PB 5-38 LOTS 1 TO 10 INC BLK 1 LOT SIZE 55040 SQFT OR 16890-4658 1295 5 Property Search Findings - Pending Liens Lien No. (Case Number) Description If you have any questions, please call (305) 416-1570. Please retain this page for your records. Address Page 3 of 5 City of Miami C���' OF hj aEra �: e:"n4ti� CO.,FL� Linda Christian 3024 SW 25 Street Miami FL 33133 03/11/2021 Folio Number: 01-3135-027-0010 Property Address: 1020 NW 7 AV Legal Description: 35 53 412 54 41 SPRING GARDEN PB 5-38 LOTS 1 TO 10 INC BLK 1 LOT SIZE 55040 SQFT OR 16890-4658 1295 5 Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description Sub -Total If you have any questions, please call (305) 416-1570. Please retain this page for your records. Amount Due 0.00 Page 4 of 5 `STY OF F O�eo ie aae�co��oT CO FAO Folio Number: Violations Detail Report 01-3135-027-0010 NO OPEN VIOLATIONS FOUND. Page 5 of 5 03/02/2021 3:49:52 PM Web user Transactions 1f you have a Customer Number, please click here 92 50 2021061001-289-1 Customer #: 146446 Last Name: GOULDA First Name: ALEX AR Payment Invoice #: 807313 Balance Due: 292.50 Total Amount:$292.50 Visa Credit Sale Card Number: ************5533 First Name: JEAN PIERRE Last Name: BRUNOIS Payment 3 50 OYME 1. PZD-0 2. PZD-2 3. PAP 4. PZD-3 5. PZD-4 6. V-1 7. V-2 8. PHO-1 9. PHO-1 10. PZD-5 11. PZD-6 12. PZD-8 13. PZD-10a 14. PZD-10b 15. PZD-HBZ 16. PZD-HB3 17. PZD-HB3a 18. PZD-HB4 19. PZD-H B5 20, PZD-HB6 21. PZD-HB8 22. PZD-HB9 23. PZD-H B10 24. PZD-HB11 25. PZD-HB12a 26. PZD-H B12 b 27. PZD-H B13 28. PZD-HB14 29. PZD-HRlS #8624119 v4 EPlan Index Index Pre -Application Meeting Form Signed Rezone Application Signed Letter of Intent Application Analysis (3 pgs) Survey — Pg. 1 Survey — Pg. 2 Context Photo Context Photo Current Zoning Map Proposed Zoning Map Legal Description and Sketch of Survey (3 pgs) Extended Low Income Agreement First Amendment to Low Income Agreement Acknowledgement by Applicant Lobbyist Registration 2021 Annual Lobbyist Registration Affidavit of Authority to Act Disclosure of Agreement to Support or Withhold Disclosure of Ownership Certificate of status Signed, attestation Map of Property Owners within 500' radius Property Owners List in Excel Mailing List Mailing List Code and Lien Search (Revised) Rezoning Application 'Fee Payment of Burglar Alarm Fee (11,ttt,1 LT f , 7ffl. tiiXYiT- ARTHUR NORIEGA, V City Manager February 23, 2021 Maria A. Gralia, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 West Flagler Street, Suite 2200 Miami, FL 33130 RE: Rezoning (PZ-20-7751)— Rezoning -1020 NW 7 AV (180 DAYS NOTICE) Dear Ms. Maria A. Gralia, Esq: Project PZ-20-7751 (the "Project") will be closed in ePlan on August 2, 2021 due to missing documentation and full payment of public hearing fees to the City of Miami (the "City"). The application for public hearing is incomplete and shall not be scheduled for a hearing before the Planning, Zoning and Appeals Board and/or the City Commission. Important Dates Date of OAS Submittal July 20, 2020 Date of Referral to Hearing Boards (Batch Stamp) February 3, 2021 Date of Request for Hearing Documents and/or Payment February 2, 2021 Last Date to Submit Hearing Documents and/or Payment June 21, 2021 180 Day Involuntary Withdrawal (Pursuant to Miami 21, as amended) August 2, 2021 If this application is involuntarily withdrawn and you wish to pursue a Rezoning at this location, you will be required to initiate a new project in ePlan. Further, you will be subject to any applicable wait periods as prescribed in the Code of the City of Miami, Florida, as amended, and the Miami 21 Zoning Code. If the Planning Department may be of further assistance to you, please do not hesitate to contact me directly at CGarciaPons(@miamigov.com. Regards, Kemarr L. Digitally signed byKemarr Brown, LLM. L. Brown, LLM. MMA Date: 2021.03.02 20:02:02 MAAA -05'00' Cesar M. Garcia -Pons, AICP, LEED AP Director CC: Maria A. Gralia, email and ePlan CGP/KB/OZ/el PLANNING DEPARTMENT 444 S.W. 2nd Avenue, 3rd Floor / Miami, Florida 33130 / Phone: (305) 416-1400 Fax (305) 416-2156 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 1020 NW 7 AVENUE MIAMI, FL 33136 Folio: 01-3135-027-0010 (STREET ADDRESS) LOTS 1 TO 10 INCLUSIVE BLOCK 1 SPRING GARDEN SUBDIVISION PLAT BOOK 5-38 (LEGAL DESCRIPTION) DADE COUNTY FLORIDA. T THE ATTACHED OWNERSHIP LIST, MAP AND MAILING LABELS ARE A COMPLETE AND ACCURATE 'ION OF THE REAL ESTATE PROPERTY AND PROPERTY OWNERS WITHIN A 500' FEET RADIUS OF THE >ERTY LISTED ABOVE. THIS INFORMATION REFLECTS THE MOST CURRENT RECORDS ON FILE IN THE COUNTY TAX ASSESSOR'S OFFICE. I ALSO UNDERSTAND THAT ANEW LIST WILL BE REQUESTED BY THE 11 HEARING BOARDS IF IT IS DETERMINED THE PROPERTY OWNER INFORMATION LIST INITIALLY OLDER THAN SIX (6) MONTHS. NTANA' Lta-Rvfearcher nal Mgmt. & Human Resources (INV-4852) (MIA-309S) (L-2546) (L-2S46L) (MAP) (EXCEL LIST) (TX-2/10/21) (5) b "+ g ld�.p � � 7�� .� � L-2546 CULMER PARK SUB NO 1 PB 98-12 TRACT C (L-2546) (100 LABELS) (TX-2/09/21) (500'FT) TRACT C LESS BEG 50FT S OF NE COR AT 10TH ST W 104.5FT S MIAMI-DADE COUNTY 85FT E 104.5FT N 85FT TO POB MIAMI DADE HOUSING AGENCY 800 NW 5 AVE 701 NW 1 CT 16TH FLOOR 01-0101-010-2030 MIAMI, FL 33136 CULMER VILLAS PB 106-50 BEATRIZ MASON BLOCK 1 652 NW 11 ST LOT 1 & PROP INT IN & TO COMMON ELEMENTS MIAMI, FL 33136-2405 652 NW 11 ST 01-3137-020-0010 LOT 2 & PROP INT IN & TO COMMON ELEMENTS GLM ASSETS LLC 650 NW 11 ST 16790 SW 86 CT 01-3137-020-0020 MIAMI, FL 33157 LOT 3 & PROP INT IN & TO COMMON ELEMENTS OLGA L RIVERA LE 648 NW 11 ST REM LYDIA ESTHER FELICIANO 01-3137-020-0030 REM JACKLYN FELICIANO 648 NW 11 ST MIAMI, FL 33136 LOT 4 & PROP INT IN & TO COMMON ELEMENTS JOSE H GARCIA &W SARA 1 646 NW 11 ST 646 NW 11 ST 01-3137-020-0040 MIAMI, FL 33136-2405 LOT 5 & PROP INT IN & TO COMMON ELEMENTS WILBERTO ROCHA 644 NW 11 ST 644 NW 11 ST 01-3137-020-0050 MIAMI, FL 33136-2404 LOT 6 & PROP INT IN & TO COMMON ELEMENTS BEKER ANTONIO TURCIOS MENDEZ 642 NW 11 ST 642 NW 11 ST 01-3137-020-0060 MIAMI, FL 33136 LOT 7 & PROP INT IN & TO COMMON ELEMENTS ACQUISITIONS GROUP LLC 640 NW 11 ST 1342 NW 84 AVE 01-3137-020-0070 DORAL, FL 33126 LOT 8 & PROP INT IN & TO COMMON ELEMENTS BARBARA LINDA AVHAD 638 NW 11 ST 638 NW 11 ST 01-3137-020-0080 MIAMI, FL 33136-2404 LOT 9 & PROP INT IN & TO COMMON ELEMENTS SION S DE SABAOTH 630 NW 11 ST PO BOX 351633 01-3137-020-0090 MIAMI, FL 33135 L-2546 2 CULMER VILLAS PB 106-50 BLOCK 1 LOT 10 & PROP INT IN & TO COMMON ELEMENTS WILLIAM LEONARDO RODRIGUEZ 632 NW 11 ST 632 NW 11 ST 01-3137-020-0100 MIAMI, FL 33136 LOT 11 & PROP INT IN & TO COMMON ELEMENTS FRANCISCO RODRIGUEZ MELO 634 NW 11 ST LOURDES CASTELLANOS 01-3137-020-0110 605 W FLAGLER ST MIAMI, FL 33130 LOT 12 & PROP INT IN & TO COMMON ELEMENTS IVONNE FABREGA 636 NW 11 ST PO BOX 025207 01-3137-020-0120 MIAMI, FL 33102 LOT 13 & PROP INT IN & TO COMMON ELEMENTS MST CORPORATION TRS 628 NW 11 ST MST 8189 LAND TRUST 01-3137-020-0130 1741 NW 20 ST MIAMI, FL 33142 LOT 14 & PROP INT IN & TO COMMON ELEMENTS JO ANN ALBERT 626 NW 11 ST 626 NW 11 ST 01-3137-020-0140 MIAMI, FL 33136 LOT 15 & PROP INT IN & TO COMMON ELEMENTS XMERIDIAN MANAGEMENT INC 624 NW 11 ST 411 WALNUT ST #5693 01-3137-020-0150 GREEN COVE SPRING, FL 32043 LOT 16 & PROP INT IN & TO COMMON ELEMENTS ZMERIDIAN INC 622 NW 11 ST 411 WALNUT ST # 5693 01-3137-020-0160 GREEN COVE SPRINGS, FL 32043 LOT 69 & PROP INT IN & TO COMMON ELEMENTS SANTIAGO HEGUY 619 NW 10 ST 625 NW 10 ST 01-3137-020-0690 MIAMI, FL 33136-3260 LOT 70 & PROP INT IN & TO COMMON ELEMENTS HATTIE L BAKER 621 NW 10 ST 14751 SO BISCAYNE RIVER DR 01-3137-020-0700 MIAMI, FL 33168-4914 LOT 71 & PROP INT IN & TO COMMON ELEMENTS JEANETTE GREEN & 623 NW 10 ST SANTIAGO HEGUY 01-3137-020-0710 623 NW 10 ST MIAMI, FL 33136-3260 L-2546 CULMER VILLAS PB 106-50 BLOCK 1 LOT 72 & PROP INT IN & TO COMMON ELEMENTS 625 NW 10 ST 01-3137-020-0720 LOT 73 & PROP INT IN & TO COMMON ELEMENTS 627 NW 10 ST 01-3137-020-0730 LOT 74 & PROP INT IN & 629 NW 10 ST 01-3137-020-0740 LOT 75 & PROP INT IN & 631 NW 10 ST 01-3137-020-0750 LOT 76 & PROP INT IN & 633 NW 10 ST 01-3137-020-0760 LOT 77 & PROP INT IN & 635 NW 10 ST 01-3137-020-0770 LOT 78 & PROP INT IN & 637 NW 10 ST 01-3137-020-0780 TO COMMON ELEMENTS TO COMMON ELEMENTS TO COMMON ELEMENTS TO COMMON ELEMENTS TO COMMON ELEMENTS LOT 79 & PROP INT IN & TO COMMON ELEMENTS 1001 NW 7 AVE 01-3137-020-0790 LOT 80 & PROP INT IN & TO COMMON ELEMENTS 1003 NW 7 AVE 01-3137-020-0800 LOT 81 & PROP INT IN & TO COMMON ELEMENTS 1005 NW 7 AVE 01-3137-020-0810 SANTIAGO HEGUY DORIS HEGUY 625 NW 10 ST MIAMI, FL 33136-3260 JOHANNA HEGUY 625 NW 10 ST MIAMI, FL 33126 RAMIRO ROSALES BLANCA A ROSALES 629 NW 10 ST MIAMI, FL 33136-3262 LUISA O QUINN 2962 ALTON RD MIAMI BEACH, FL 33140 RAMIRO ROSALES 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PARCEL 23-4 675 NW 11 ST 01-0101-000-1040 ACREAGE & UNRECORDED PLATS (53-41-36) FEC R/W ACROSS SEC LESS COMM X OF W/L OF BLK 57 N & N LINE OF NW6STCONTS89DEG W143.41FTNOODEG W 472.91 FT FOR POB N 00 DEG W 227.26FT N 89 DEG E 68.25FT NELY 39.06FT S 00 DEG W 252.05FT S 89 DEG W 93.08FT TO POB VACANT 01-3136-000-0220 PAULETTE YOUNG HAROLD TURNER 1007 NW 7 AVENUE MIAMI, FL 33136 JOSE MANUEL ALMENDAREZ 1359 SW 2 ST 1 MIAMI, FL 33135 1011 NW 7TH AVE LLC 8835 SW 107 AVE # 343 MIAMI, FL 33176 ORLANDO LEYVA 1013NW7AVE MIAMI, FL 33136-3111 NKRY CORPORATION 4865 NW 4 ST MIAMI, FL 33126-2121 MIAMI-DADE COUNTY DEPT OF TRANSPORTATION PUBLIC WORKS 701 NW 1 CT 15TH FL MIAMI, FL 33136 MIAMI-DADE COUNTY DEPT OF TRANSPORTATION PUBLIC WORKS 701 NW 1 CT 15TH FL MIAMI, FL 33136 MIAMI-DADE COUNTY DEPT OF TRANSPORTATION PUBLIC WORKS 701 NW 1 CT 15TH FL MIAMI, FL 33136 FECRR 7150 PHILIPS HIGHWAY JACKSONVILLE, FL 32256 L-2546 BOOKER T WASHINGTON JR HIGH PB 129-39 TRACT C TR C LESS PORT DESC AS BEG SWLY OF TR C 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LESS COVINGTON MANOR PB 13-32 LOTS 11 & 12 BLK 5 & LESS PORT DESC IN CONDO DECL OR 25950-4718 NAU 01-4137-059-0001 LOFTS DOWNTOWN LESS PORT LYING IN PB 126-042 245 NE 1 AVE 01-0100-000-0022 HIGHLAND PARK PB 2-13 BLOCK 10 LOTS 32 & 33 1139NW7CT 01-3135-019-1730 LOTS 34 & 35 1155NW7CT 01-3135-019-1740 LOTS 36 & 37 1157NW7CT 01-3135-019-1745 SCHOOL BOARD OF MIAMI-DADE COUNTY 1450 NE 2 AVE MIAMI, FL 33132-1308 KTLC BISCAYNE LLC 2055 US HWY 1 VERO BEACH, FL 32960 BHG ST MARTINS PL LTD 1128 NW 7 AVE MIAMI, FL 33136 MIAMI-DADE COUNTY MIAMI-DADE TRANSIT 701 NW 1 CT SUITE 1700 MIAMI, FL 33136-3902 JANET C GEORGE 1139NW7CT MIAMI, FL 33136-2331 MIRLANDE SENELIER 1155 NW 7 COURT MIAMI, FL 33136 LISETTE GONZALEZ 1157NW7CT MIAMI, FL 33136-2331 L-2546 6 HIGHLAND PARK PB 2-13 BLOCK 10 LOTS 38 & 39 NICOLE SNELL 1161 NW7CT 1161 NW7CT 01-3135-019-1748 MIAMI, FL 33136-2331 HIGHLAND PARK PB 2-13 D AND Y INVESTMENT CORP BLOCK 11 8212 NW 164 ST E50FT OF W75FT OF LOTS 1 2 3 4 & 5 & E50FT OF LOTS 1 2 3 4 & 5 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11 & 12 BLK 12 DESC BEG NE COR LOT 11 TH S8.4FT UBC MIAMI LLC SWLY A/D 36.16FT S 80 DEG W 72.28FT SWLY & NWLY A/D 23.76FT C/O URBAN BUILDERS CONT NWLY14.02FT N24.36FT W124.64FT TO POB COLLABORATIVE 1136 NW 8 AVE 336 EAST 110 STREET 01-3135-019-2000 NEW YORK, NY 10029 L-2546 7 SPRING GARDEN PB 5-38 BLOCK 2 LOT 1 LESS N10FT & ESFT & EXT AREA OF CURVE IN NE COR FOR R/W 752 NW 11 ST 01-3135-027-0020 LOT 2 LESS N10FT FOR R/W 758 NW 11 ST 01-3135-027-0030 LOT 3 LESS N10FT FOR R/W 766 NW 11 ST 01-3135-027-0040 LOT 4 768 NW 11 ST 01-3135-027-0050 LOT 5 776 NW 11 ST 01-3135-027-0060 LOT 14 777 NW 10 ST 01-3135-027-0095 LOT 15 769 NW 10 ST 01-3135-027-0100 LOT 16 751 NW 10 ST 01-3135-027-0110 LOT 17 741 NW 10 ST 01-3135-027-0111 PRIORITY HOLDINGS LLC 5794 BIRD RD 210 MIAMI, FL 33155 PRIORITY HOLDINGS LLC 5794 BIRD RD 210 MIAMI, FL 33155 PRIORITY HOLDINGS LLC 5794 BIRD RD 210 MIAMI, FL 33155 RENA L FRYE 768 NW 11 ST MIAMI, FL 33136-3128 ELLEN MAE SIBBLIES 776 NW 11 ST MIAMI, FL 33136-3128 WINSTON 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PASSAGE SUITE F CLEARWATER FL 33767 1936 PEPPERMILL AUDREY RUGGIERO, PD DRIVE CLEARWATER FL 33763 USA SPRING GARDEN, PB 5-38, BLOCK 2, LOTS 6 THRU 13 LESSN10FT OF LOTS 6 THRU 10 & LESS EXT AREA OF CURVE IN NW CORNER FOR R/W DESC 01-3135-086-0001 IN OR 22695-3183 SPRING GARDEN, PB 5-38, BLOCK 2, LOTS 6 THRU 13 LESSN10FT OF LOTS 6 THRU 10 & LESS EXT AREA OF CURVE IN NW CORNER FOR R/W DESC 01-3135-086-0001 IN OR 22695-3183 SPRING GARDEN, PB 5-38, BLOCK 2, LOTS 6 THRU 13 LESSN10FT OF LOTS 6 THRU 10 & LESS EXT AREA OF CURVE IN NW CORNER FOR R/W DESC 01-3135-086-0001 IN OR 22695-3183 Contact Name A� Contact The Honorable Commissioner Watson District 5 Jacqueline Eillis - Chief of Land Development City of Miami, Planning Department Christine Rupp, Executive Director Dade Heritage Trust Cornelius Shiver, C.E.O. SEOPW Community Redevelopment Agency Kaye Johnson, President Poinciana Village Condominiums Rebecca Ojo-Olorunfemi: President Snug Harbor Townhouse Assoc., Inc. Mark Walters, President The Village of St. Agnes Renata Cunningham (President) Valeria Smith (Vice -President) Town Park Plaza North Condominium Association Inc. Carlos Salas: Spring Gardens Civic Association President Spring Gardens Assoc. Brett Bibeau, Managing Director Miami River Commission Lillian Slater Town Park Plaza Village Keon Williams Overtown Community Oversight Board Cecilia Stewart Overtown Neighbors for Environmental Health and Safety Krystal Elie: Property Manager Courtside Apartments Kenneth Thurston: Property Manager Pauline Brathwaite: Board President Town Park Plaza South Rana Nisbeth: Property Manager Kathy Sanz: Asst. Property Manager Island Living Apartments Principal Yolanda Ellis Frederick Douglass Elementary School Graylyn Swilley Woods: Executive Director- OCYC Overtown Community Youth Coalition Address..- 3500 Pan American Dr. Miami, FI 33133 444 SW 2 Ave 3rd floor Miami, FL 33130 190 SE 12th Terrace Miami, FI 33131 819 NW 2nd Avenue, 3rd floor Miami, Florida 33136 269 & 201 N.W. 7th Street Miami, FL 33136 1000 NW North River Drive Box 1 Miami, FL 33136 301 N.W. 19th Street Miami, FL 33136 1955 NW 5th Place Miami, FL 33136 1021 NW North River Drive Miami, FL 33136 1407 NW 7 St, Ste D Miami FL 33125 1680 NW 4th Ave. Miami, FI 33136 1490 NW 3rd Ave. Miami, FI 33136 1899 N.W. 1st Court Miami, FL 33136 1699 N.W. 4th Avenue Miami, FL 33136 1798 N.W. 5th Avenue Miami, FL 33136 1201 N.W. 3rd Avenue Miami, FL 33136 314 N.W. 12th Street Miami, FL 33136 1951 N.W. 7th Avenue Miami, FL 33136 f C O'g1�9 (fttij of ittxrtx BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 749483 Transaction Date: Mar 1 2021 9:17AM Permit Number: FEE SUMMARY PZ-20-7751 Rezoning - 1020 NW 7 AV (Hight, Park) (305)789-3335 Fee Category Fee Fee Description Quantity Unit Type Amount Code HEARING BOARDS - PUBLIC HEARING MS-228 PUBLIC HEARING - 2.0000 UNITS $3,000.00 ADVERTISING HEARING BOARDS - PUBLIC HEARING MS-225 PUBLIC HEARING - MEETING 258.0000 NGH X HRGS $1,161.00 MAIL NOTICE - NEIGHBORS HEARING BOARDS - PUBLIC HEARING MS-241 PUBLIC HEARING - MEETING 3.0000 HEARINGS $13.50 MAIL NOTICE - APPLICANT/APPEALLANT HEARING BOARDS - PUBLIC HEARING MS-226 PUBLIC HEARING - LU POLICY 54.0000 NGH X HRGS $243.00 1.5.4 HEARING BOARDS - MS-205 REZONING (T6-8, O, T6-12, O, 51618.0000 SQ. FT. $36,132.60 APPLICATION/APPEAL T6-24 O, D1, D2, D3. T6-36 O, T6-48 O, T6-60 O, T6-80, CI -HD) HEARING BOARDS - PUBLIC HEARING MS-216 CONCURRENCY REVIEW - 0.0000 N/A $150.00 SCHOOL BOARD Total: $40,700.10 Rev. Jul/02/2012 Generated on Mar/01/2021 10:55 AM Linda Christian From: Sent. To: Cc: Subject: Good Morning Erica, Morgan -Gates, Vickie <VMorgan@miamigov.eom> Wednesday, March 10, 2021 11:37 AM Lee, Erica Angleton, Kathryn; Pascal, Jean Robert; Linda Christ an; Maria Gralia; Constantiny, Demetrio; Leis, Maria; Jackson, Ana RE: PZ-20-7751 Rezoning - 1020 NW 7 AV Stand- lone rezone (Highland Park) The below screenshot means the payment was processed on March 8`h Wayment Administrator Cash Receipts Supervisor 444 S.W. 2nd Avenue, 6th Floor Miami, Fl 33130 305-416-1934 Please be advised that Cash Receipts staff is working remotely and must be Jean Pascal — ipascal,` r'miamigov.com Elmita Bolivar — ebolivarL(Pniiainigov.com Qliguet Deis — odeis((Tniiamigov.coni For Online payments: www.miamigov.com/pay Tell us flow we're doing. CLICK HERE to complete our Customer Satisfaction Survey lda email: From: Lee, Erica <ELee@miamigov.com> Sent: Wednesday, March 10, 20218:42 AM To: Morgan -Gates, Vickie <VMorgan@miamigov.com>; Constantiny, Demetrio <DCo stantiny@miamigov.com>; Leis, Maria <MLeis@miamigov.com> Cc: Angleton, Kathryn <KAngleton@miamigov.com>; Pascal, Jean Robert <jpascal@mIlamigov.com>; Linda Christian <lchristian@stearnsweaver.com>; Maria Gralia <mgralia@stearnsweaver.com> Subject: RE: PZ-20-7751 Rezoning - 1020 NW 7 AV Stand-alone rezone (Highland Parky) Good morning Finance Team, Please confirm i am reading this right. The check was cleared, correct? Permit Number. `Requeslor Name: Address 1: Address 2: City. Email: Thore 1: Phnne ?- Comments: Folio Number: Last Updated By: Last Updated Date: PZ-20.7751 Rezoning - 1020 NW 7 AV (Highland Park) stater - - zip; ( 3UP ) 789 - �3335 PZ-20-7751 Rezoning - 1020 NW 7 AV Stand-alone rezone (Highland Park) i21 :'ERSIDE%ELee MarlOV2021 10.55 inancial Transa I Tx creased On� 749M I,aariotrm2t W 17 HEARING BOARDS - PUBLIC HEARIG HEARING BOARDS - PUBLIC HEARING HEARING BOARDS - PUBLIC NEARING HEARING BOARDS PUBLIC HEARING HEARING BOARDS - APPIXATIOUPPEAL HEARING BOARDS - PUBLIC HEARING Respectfully, wseeipt NlAtatler 202106700&21 PUBLIC HEARING - ADVERTISING PUBLIC HEARING - WFTWG MAIL WMCE - WIG PUBLIC HEARING - It4EE"ING UAL NOTICE - APPI PUBLIC HEARING- LU POLICY 1 54 REZONING(r66 0 T6,12.0. T&240. 01. 02 W. CrxdOMWNCY REVIEW - SCHOOL BOARD Receipt Crate Mar10a1f2021 1218 TeA0 T660 0. Trs60, C1 HD) COVID-19 NOTICE: As a result of Couid-19 emergency planning, many staff in the Planning Dtrpartment are working remotely. The best way to reach most staff is by email. If you need to discuss a matter, consider requesting a conference call facilitated by Microsoft Teams or similar computer technology. Thank you for your understanding. s • &code Itenr • .r r rr r) it 11 ERICA LEE, MSW, MPA Hearing Boards Coordinator Planning Department 444 SW 2"' Avenue, 3" Floor, Miami, FL 33130 2