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Application and Supporting Documents
�lfY.�F r. 'k IMCaRP 01APRa � le ax r � p'a M First Name: Email: City ofMiana Plarming Department & Office ofZoning Exception lWt Avww.niann og v.com�2ls�r�u�>ng Application hWp Avww.nnan V'c _ C 1rirail: e�lat�pa)?avi gov.com Plarming (305) 416-1400 Zoning (305) 416-1495 Ryan Last Name bailiner@gflaw.com First Name: Ryan Corporation: Greenberg TraurigP.A. Address: 333 SE2ndAve, 4400 City: Miana Email: bailine gflaw.com First Name: 0 Corporation: Mlana Dade County Address: 701 NW 1stCt. City: Miana Email: bailine gflaw.com Last Name: Bailin State: Florida Tip: Phone: (305)579-0508 Bailin 33131 Last Name: 0 State: Florida Tip: 33136 Phone: (305)579-0508 NOTICE Thls submRtal neetls m Ix. acneeulee fore p - Reming Cpertlep[E W N time{IpPx set forty In fhe CIIy M Mlami Cabe. The appIi— bsleion-ma ,gb 1y W11 reWewMelnfirmaeon atthe p-b M1earing to rentlera rxommeneetlon or a fl,eI A.d—. PZ-22-13191 lam\ 02/07/23 //�► Project Name: Rainbow Village Project Address: 2000 NW 3 AV Unit Number. 0 City: Main State: Florida Tip: 33127 Master Folio Number. 0131250630020 That under the penalty of perjury, I declare that all the infonuation contained in this permit application is accurate to the best of my • That NO work or installation will conuncnce prior to the issuance of a building pemit and that all work will be performed to regulating construction and zoning in this jurisdiction. • I will, in all respects, perform work in accordance with the scope ofthe pern it, the City of Miaid s codes and all other appl ordinances. • That all infonuation given will be accurate and that all work will be done in compliance with all applicable laws regulating cox • That separate penuits ruay be required unless specifically covered with the submittal of this application • That there may be additional pern As required from other entities. • Fees shall be paid prior to the review and issuance of the per.* as necessary. • Penmt fees are non-refimdable NOTICE This su bmMal—dc to E '.—lea fr r a p - nearing nerd-1l t1dill see-h I, me crym .—I Code. The app-U, dsision kingd 1y W11 redew-i.formation at the pu- herring to rentler a --dA on., a final decidon. PZ-22-13191 l\\ 02/07/23 A4 First Last First Last Name: Ryan Nam: Bailine Nam: Ryan Nam: Bailine Signature: Signature: Date` March 4, 2022 Date` March 4, 2022 Please refer to Miami Dade County Authorization Letter included as PZD-02 Mt i COUNTY VIA E-MAIL August 4, 2020 Mr. Francisco Garcia City of Miami Director of Planning and Zoning 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33131 fgarcia@miamigov.com Public Housing and Comr 701 N T 786-469-4 Re: Rezoning Application PZ-20-7953 / 2000 NW 3rd Avenue (the "Property") Dear Mr. Garcia: C re'N yV NOTICE Thls submittal needsto be echedu�dbr a p0k hearing �.rdan� wkh emerme� get torah m the Citym MI_ Code. The applude dsision-making bWy will reVewthe information at the public hearing to render a recommendation or a final deciaon. PZ-22-13191 02/07/23 Housing Trust Group, LLC ("HTG") is the ground lessee of the above -referenced Property, which is owned by Miami -Dade County (the "County") Public Housing and Community Development. In furtherance of HTG's efforts to redevelop the Property, HTG has applied to the City of Miami for a rezoning of the Property from T4-L to T5-0 under the City of Miami Process No. PZ-20-7953 (the "Rezoning Application"). A copy of HTG's letter of intent in support of the Rezoning Application is enclosed. This letter shall serve as written confirmation by the County that HTG and Greenberg Traurig are authorized to process any and all applications in connection with the redevelopment of the Property, including but not limited to the Rezoning Application and any future site plan application. If you have any questions, please do not hesitate to contact me. Sincerely, Michael Liu Director PZ-22-13191 EXCEPTION _ Rainbow Village DOCUMENT INDEX PAP-01 Application PZ-20-9702 PZD-01 Letter of Intent PZD-02 Miami Dade County Authorization Letter for GT to Act PZD-03 Affordable Housing Certification PZD-04 Pre -Application Meeting Summary PZD-05 Payment confirmation for Zoning Invoice Trans ID 863228 PZD-06 School Concurrency Determination Certificate PZD-07 Fire Hydrant/Connection Site Plan PZD-08 Fire Truck Maneuverability Plan PZD-09 Miami -Dade County Correspondence AIPP PZD-10 Miami Parking Authority verification letter HEP-I Arborist Report 411y!arR� NOTICE This submittal needs b te• achetluled br s public hexhng In accortla,re wM1h tlmell,1 set forth in the City & Miami CWe. The appliwd' declsion-m&'g bwywill rewewiheinbrmation at the pubic hearing t, re,d,, m d, ., or a final decide,. PZ-22-13191 02/07/23 r_-r.�rnixu�.�E�.xn�i fap� `,1 k - I " r -- s ® GreenbergTraurig Awl NOTICE mis eobn,ittal neaas m te. sehea�i..e m� a p�dee heaping in a�oetlan�wim en, s1—hn m'g cirim A d Miamith eTheapplict to tleclkh,,,,,gtburywill hewewthe inmrmatfmn at the pubic hearing t. rentler e recommendation or a final eecidon. PZ-22-13191 July 12, 2022 o2io7i23 Updated: October 26, 2022 VIA E-PLAN FILING Lakisha Hull, AICP LEED AP BD+C Director of Planning Department City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: Rainbow Village/Letter of Intent for Exception Application (the "Application") 2000 NW 3rd Avenue/Folio No. 01-3125-063-0020 (the "Property") Dear Ms. Hull: We represent Housing Trust Group, LLC and its affiliated entities together with Miami - Dade County (collectively, the "Applicant") in connection with land use, zoning and general development matters relating to the above -captioned Property. We are pleased to submit this Letter of Intent, together with the enclosed materials, including the site plan prepared by Zyscovich Architects (the "Site Plan"), which collectively detail the particulars of the Application for the Rainbow Village attainable housing development (the "Development") located in the City of Miami (the "City"). I. BACKGROUND The Property is owned by the Miami -Dade County (the "County") Public Housing Agency. The County issued a Request for Proposal No. 01296 (the "RFP") to redevelop the Rainbow Village Public Housing Community ("Rainbow Village") and Gwen Cherry 23C Public Housing Community ("Gwen Cherry") located on the Property'. The Applicant was the top ranked bidder and winning responder to the RFP. A copy of the County's resolution awarding the RFP is attached as Exhibit "A". As further detailed below, the Applicant rezoned the Property as part of the redevelopment effort. II. THE PROPERTY The Property is located on the Northwest corner of NW 20th Street and NW 3rd Avenue, as detailed on the aerial image below. The Property is designated T4-L on the City's zoning atlas; however, the Applicant recently rezoned the Property from T4-L to T5-0, through Ordinance 14029. A copy of that ordinance is enclosed as Exhibit "B". ' Rainbow Village includes one hundred (100) apartment units contained within a series of two-story walk-up style buildings constructed between 1970 - 1972. Gwen Cherry includes thirty-six (36) apartment units contained within a two-story walk-up style building constructed in 1973. Greenberg Traurig, P.A. I Attorneys at Law 333 Southeast Second Avenue I Suite 4400 1 Miami, FL 33131 1 T +1 305.579.0500 1 F +1 305.579.0717 www.gtlaw.com It is important to note that the Property is adjacent to the T3 zoning transect on the South. On February 10, 2022, the City Commission adopted Ordinance 14052 to permit Affordable and Attainable Mixed -Income Housing Developments abutting the T3 transect, by Exception. A copy of that ordinance is enclosed as Exhibit "C". As part of the design process, the Applicant took particular measures to create a transition between the neighboring T3 transect and the Development. As such, the Development is thoughtfully designed to gradually "step down" to a lower height/intensity along the South, closest to the T3 transect, as further detailed in the Site Plan. III. THE DEVELOPMENT As detailed in the Site Plan, the Development contains a robust mix of residential, retail and community uses, thoughtfully arranged around a central courtyard. The Development contains a total of three -hundred ten (310) multi -family apartment units. The Development also includes +/- 12,000 square feet of ground floor retail, and on -site amenity areas. The off-street parking is completely lined with residential units. In addition to ground floor amenity spaces/programming, the Development includes a rooftop pool deck and sports/fitness area. a. EXCEPTION REQUEST The Applicant is seeking an Exception pursuant to Section 3.15.3 of Miami 21 to allow an Affordable Housing Development. A copy of the Affordable Housing Certification dated November 18, 2020, is enclosed as Exhibit "D". b. WARRANT REQUEST FOR ATTAINABLE MIXED INCOME HOUSING DEVELOPMENTS The Applicant seeks approval of a Warrant pursuant to Section 3.15.4 of Miami 21 to allow for the development of an Attainable Mixed -Income Housing Development. Attainable Mixed- 2 As detailed in Ordinance 14052, Affordable and Attainable Mixed -Income Developments that abut T3 must also comply with additional requirements, such as maximum AMI thresholds. Greenberg Traurig, P.A. I Attorneys at Law 333 Southeast Second Southeast Second Avenue 44001Miami, FL 331311T +1 305.579.05001F +1 305.579.071744001Miami, FL 331311T +1 305.579.05001F +1 305.579.0717 www.gtlaw.com NOTICE Income Housing Developments may, subject to a Warrant, (i) be designed in hicsohm ""eetl`m°"`detl°�°ro hth `tyeking In zccoM me with timelines set forth, the City of A-, CWe. The appL-U, decision-rna ,,g bWy will the criteria set forth in Section 3.15.4 of Miami 21, and (ii) be afforded parkin �dewhe�no m d.J.,a bg`headd., a°der. tlati on, afina l,,,,,gt accordance with Section 3.15.5 of Miami 21. The Applicant seeks the following W Pz-22-13191 02/07/23 1. Warrant pursuant to Section 3.15.4 of Miami 21 to allow for the developm • Attainable Mixed -Income Housing Development; 2. Warrant pursuant to Section 3.15.4(g), the Property is not subject to the maximum Lot Area requirements; 3. Warrant pursuant to Section 3.15.4(a)(2), the maximum height of the building may be 75' with no limitation on the number of stories. C. "AS -OF -RIGHT" PARKING REDUCTIONS UNDER ARTICLE 3.15.5 Pursuant to Article 3.15.5(a), the Applicant seeks a 35% parking reduction, by right'. After application of the "as -of -right" parking reductions, the Development is forecast to include 425 off- street parking spaces and 22 on -street spaces. The Applicant obtained confirmation from the Miami Parking Authority regarding the availability of the on -street spaces; a copy of that confirmation is enclosed with the Application as PZD-10. d. WAIVER REQUEST FOR HEIGHT OF ELEVATOR ENCLOSURE UNDER SECTION 7.1.2.5(12) AND 7.1.2.5(29) Pursuant to Article 7.1.2.5(12) and 7.1.2.5(29), the Applicant seeks a minimal increase above the ten -foot (10') maximum height for elevator enclosures under Article 5.5.2(h), from 85' to 89'-6" (an increase of 4'-6" or +/- 5%). It is important to note the Building Height is below the 75' allowable maximum height permitted under Section 3.15.4(a)(2). This Waiver request is specific to the elevator enclosure, in order to provide roof access via elevator. Approval of this request furthers the intent of Miami 21, to encourage the development of Affordable and Workforce housing throughout the City. e. PHASED DEVELOPMENT PURSUANT TO ARTICLE 7.1.3.2(7) Pursuant to Article 7.1.3.2(7), the Applicant intends to redevelop the Property in a phased fashion. The Development that is the subject of this Application is considered Phase I, as detailed in the image below. Phase I will contain 310 units. Future phases are contemplated to replace 100% of the existing housing on site. Final unit counts will be provided once additional long-range planning occurs. 'Please note, the 35% parking reduction is only applied to the residential portion of the required parking. No reduction is included for the required commercial parking. Greenberg Traurig, P.A. I Attorneys at Law 333 Southeast Second Avenue I Suite 4400 1 Miami, FL 33131 1 T +1 305.579.0500 1 F +1 305.579.0717 www.gtlaw.com T5-Stl-0 _ L _ ._ T&-8a _0 — — 3t i i I I I I CS I I l.._.._.._.._.._. _.._.._ . n,i-, pose T5-0 65 UiUfAcre+Attainatlle Housing T4-L PHASE 1 T3- 411y!ara� NOTICE Th1, eu brnxtaln d, b beachetluiee b, a public hexhng In accortlanrewxhe Ines letforth Ithe City& Mare CWe The appl' d decision rnaXing bwy will rewewthe inbrmation at the pubc hearing to rentle, a ,er mentlation o, z final tlecivon. PZ-22-13191 02/07/23 IV. SOUTHEAST OVERTOWN / PARK WEST CRA REDEVELOPMENT PLAN The Development furthers the following Redevelopment Goals contained in the Southeast Overtown/Park West CRA Redevelopment Plan: Goal #2, Expand the Tax base using Public -Probate principles; by following the current land use policies for sound real estate acquisitions, assemblage, development and creating viable commercial corridors within the SEOPW CRA through Public - Private Partnerships. The Development is an RFP with the County; Phase I of the resulting community will include 310 new affordable housing units together with 12,000 +/- square feet of new commercial space. This will encourage job creation as well as create a new, high -quality residential community on otherwise underutilized land within the CPA area. Goal #3, Provide and Retail Housing Affordability; working with the City of Miami, Miami -Dade County and the private sector to encourage and create a sound balance of very low-income housing, affordable, workforce and mixed -income housing within the CRA. The Development is an RFP with the County, and includes a robust mix of affordable/attainable housing. The existing development on the property is a series of outdated, low-rise buildings that do not follow current design principles. The proposed Development is far more efficient and incorporates modern design with a high level of on - site amenities. Goal #6, Improve the Quality of Life for residents; creating housing, recreation and work environments where healthy outcomes are the result of a planned and sustainable effort designed to improve the quality of life for Overtown residents in Greenberg Traurig, P.A. I Attorneys at Law 333 Southeast Second Avenue I Suite 4400 1 Miami, FL 33131 1 T +1333 Southeast Second Avenue I Suite 4400 1 Miami, FL 33131 1 T +1 305.579.0500 1 F +1 305.579.0717+1 305.579.0717 www.gtlaw.com NOTICE the CRA. The Development includes 310 units of affordable housing,((-d--e--P-Z--22-13191 icsohm�""ee°s�be„ke°etero inthe`tyeking in ubm a[ need bi tl mellnessetforth, the City of .i_ Ccde.The applies Ple decision -making bWyw I lively amenities program for the use and enjoyment of residents of the futu °--flgeddhng, °de,. elation o, z f�nel decidon , If you require any additional information or would like to discuss further 1 %=9 02/07/23please contact me at 305-579-0508. Thank you for your attention to and favorable co • of this matter. Sincerely, Ryan D. Bailine, Esq. Enclosures ACTIVE 54250179v5 Greenberg Traurig, P.A. I Attorneys at Law 333 Southeast Second Avenue I Suite 4400 1 Miami, FL 33131 1 T +1 305.579.0500 1 F +1 305.579.0717 www.gtlaw.com Exhibit "A" Miami Dade County Board of County Commissioners Approved Resolution No. R-297-20 411y!arR� NOTICE This submittal needs b te• acheduied b, s public hea,i,g In accortla,re wM1h tlmell,1 set forth in the City & Miami CWe. The appliwd' decision-m&'g bwywill rewewiheinbrmadon at the pubec hearing t, re,d,,e me,da ., o, a final decide,. PZ-22-13191 02/07/23 Greenberg Traurig, P.A. I Attorneys at Law 333 Southeast Second Avenue I Suite 4400 1 Miami, FL 33131 1 T +1333 Southeast Second Avenue Suite 4400 Miami, FL 33131 T +1 305.579.05001F +1 305.579.0717+1 305.579.0717 www.gtlaw.com OFFICIAL FILE COPY CLERK OF THE HOXRD OF COUNTY CONdMISSIONERS WAIM-DADE COUNTY, FLORIDA MEMORANDUM TO: Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners FROM: Abigail Price -Williams County Attorney Agenda /,f 4 t * fL C p N e V NOTICE Thla submittal neetlsm be scheaulee mr a pu April b.c hearing 7 �na�o,tlan�wi�hmalin�,aat,o�hinlha�it,� DATE: p Miami ode. heapph aaetle ision-making botlywll reVewihe information at the pubec hearing to rentler a nxommentlation or a final tleciaon. PZ-22-13191 A\ 02/07/23 ti[ UBJECT: Resolution autsm accordance with section 125.35, Florida Statutes, award of an 1I- month Ground Lease Agreement to Housing Trust Group, LLC, and its affiliates ("HTG"), a Florida limited liability company for nominal value and for the purpose of providing site control to HTG for the redevelopment of Rainbow Village and Gwen Cherry 23C Public Housing Developments pursuant to Request for Proposal (RFP) No. 01296, for the redevelopment of Rainbow Village and Gwen Cherry 23C, for the Public Housing and Community Development Department; waiving sections 2-8.3 and 2-8.4 of the County Code relating to bid protest procedures by a two-thirds vote of the Board Resolution No. R-297-20 members present; and authorizing the County Mayor to execute the Ground Lease Agreement, to exercise all provisions contained therein, including termination and amendment provisions, to execute or consent to the execution of sub - ground leases as may be required by the Florida Housing Finance Corporation or other funding sources, to preserve site control The accompanying resolution was prepared by the Internal Services Department and placed on the agenda at the request of Prime Sponsor Chairwoman Audrey M. Edmonson, Abigail Price -Williams County Attorney APW/smm Date: April 7, 2020 To: From: Subject: C p'N,V NOTICE Thls submittal needsto be echedui db, a p0k hearing — wkh hmeh— set rnnh m the City m Miami Code. The applude decision -making bWy will reVewthe information at the pebec hearing to render a recommendation or a final deciaon. Honorable Chairwoman Audrey M. Edmonson %102/07/23d' -22-131 and Members, Board of Co mmissionersCarlos A. Gimenez Mayor Recommendation for Approval toy ward Short -Term Ground Lease Agreement to Housing Trust Group, LLC, and its Affiliates, Pursuant to Request for Proposal (RFP) No. 01296, Redevelopment of Rainbow Village and Gwen Cherry 23C Memorandu Recommendation It is recommended that the Board of County Commissioners (Board): In accordance with section 125,35, Florida Statutes, approve and authorize the County Mayor or the County Mayor's designee to execute a 11-month Ground Lease Agreement (Lease) with Housing Trust Group, LLC, and its affiliates ("HTG"), for nominal value and for the purpose of providing site control to HTG for the redevelopment of Rainbow Village and Gwen Cherry 23C public housing developments (Project Site), pursuant to Request for Proposal (RFP) No. 012 6, Redevelopment of Rainbow Village and Gwen Cherry 23C for the Public Housing and Community Development Department; and 2. Waive the bid protest process pursuant to sections 2-8.3 and 2-8.4 of the Code of Miami -Dade County in order to allow HTG the opportunity to apply for competitive funds from the Florida Housing Finance Corporation's State Apartment Incentive Loan Program (SAIL Program), by the application deadline in March 2020, and to further ensure that the Public Housing and Community Development Department is able to provide assurances to the United States Department of Housing and Urban Development (HUD) by March 2020 that the County is making significant progress on the County's plan to covert certain public housing units to Section 8 Project -based units through HUD's Rental Assistance Demonstration Program (RAD Program); and 3. Authorize the County Mayor or County Mayor's designee to exercise all provisions contained in the Lease including, but not limited to, termination provisions, and the following provisions that authorize the County Mayor or the County Mayor's designee to: (a) review and approve documents, plans, applications, lease assignments, and requests required or allowed by HTG to be submitted to the County pursuant to the Lease; (b) consent to actions, events, and undertakings by HTG or extensions of time periods for which consent is required by the County, including, but not limited to, extensions of time for the performance of any obligation by HTG under the Lease; (c) execute any and all documents on behalf of the County necessary or convenient to the foregoing approvals, consents, and appointments; (d) negotiate lease bifurcation agreements; (e) negotiate terms of Right of First Refusal and Option to Purchase Agreements; (f) assist HTG with, and execute on behalf of the County, any applications or other documents needed to comply with applicable regulatory procedures and to secure financing, permits or other approvals to accomplish the construction of any and all improvements in and refurbishments of the property; (g) amend the Lease to correct any typographical or non -material errors, to address revisions or supplements hereto of a non -material nature, or to carry out the purposes of the Lease; (h) execute or consent, at the County Mayor or the County Mayor's designee sole discretion, to subleases with HTG's assignees, including any amendments, extensions, and modifications thereto; (i) execute recognition and non -disturbance agreements and issue estoppel statements; and 0) to take all other necessary actions that may be required by the Florida Housing Finance Corporation or other funding sources, to preserve site control. Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners Page 2 NOTICE Thlssubmittal neetlsm hes�hetl��e wr a Pebu� nearing coreance wren amellnes set fTh in the Citym Miami CW,. The appk. de tlxision-making bWy will renew Uie i ffomna at the pu b4. hearing to rentlera recomrnentlalion or a final eecieon. The County issued a competitive Request for Proposals to obtain proposals from de PZ-22-13191 + 02/07/23 the experience and capacity of obtaining the funding, and managing the construction, m operation of multifamily housing projects, including redevelopment experience under the • Three vendors responded to the solicitation, and all vendors are local. Over 2,600 vendors were no ied via email and by BidSync, of which 303 viewed the solicitation, and 77 downloaded the solicitation. The Competitive Selection Committee determined that HTG's proposal meets or exceeds the developmental criteria that would be most beneficial to the County. HTG's proposal demonstrated: 1) a well -qualified development team, including professional consultants for the redevelopment of the Project Site; 2) extensive experience building multi -family and public housing units; and 3) commitment to the HUD Section 3 compliance and other certified small and minority firms that are part of the development team. Therefore, it is in the best interest to the County to award the Lease to HTG for the purpose of providing site control for the redevelopment of the Project Site. Approval of the Lease is the first step in the award process as this establishes required site control prior to submission of the SAIL Program's application. Expediting the approval process is consistent with Public Housing and Community Development Department's need to provide assurances to HUD by March 2020 that the County is making significant progress on the RAD Program. The County is planning to redevelop 7,718 public housing units under the RAD Program countywide. Upon approval of the Lease, the County will initiate negotiations for a Master Development Agreement with HTG for the development of the Project Site, which currently consist of 136 public housing units. HTG proposes three possible scenarios for the development of the Project Site, i.e. Scenarios A, B, and C. Under Scenario A, HTG proposes to develop the Project Site with 1,014 mixed -income units, including 136 RAD units, subject to approval of the Project Site rezoning to T-5 under the Miami 21 Zoning Code Successional Zoning process by the City of Miami. Under Scenario B, HTG proposes to develop the Project Site with 1,316 mixed -income units, including 136 RAD units, subject to approval of the Project Site rezoning to T-5 under the Miami 21 Zoning Code Successional Zoning process by the City of Miami, followed by rezoning a portion of the Project Site from T-5 to T6-8 or higher under a Special Area Plan. Finally, under Scenario C, HTG proposes for the County's consideration, an option to expand the development site by 10.7 acres, which, if realized, may include, in addition to the mixed -income units contemplated under either Scenario A or Scenario B: (a) an educational component through redevelopment of the Paul L. Dunbar K-8 Center in partnership with the School Board of Miami -Dade County, Florida; (b) additional mixed-income/market rate housing through redevelopment of the 2000 NW 5th Place apartment site in partnership with Mana Wynwood; (c) approximately 70,000+/- square feet of commercial retail and office space; and d) a community center, an early education center and other community amenities. The Master Development Agreement will be presented to the Board for approval at a later date. The County will also negotiate a long-term permanent ground -lease agreement with HTG, subject to HTG obtaining the required financing to make the project financially viable, obtaining all required HUD approvals, and any other required approvals, for the redevelopment of the Project Site. The long-term permanent ground -lease will also be presented to the Board for its approval. Presently, the County can only execute an 11-month ground lease without necessitating any required approvals from HUD. Any ground lease with a term of more 12 months or more will require HUD approval. Scope The scope of this item is countywide in nature; however, the Project Site is Located in District 3. Fiscal Impact/Funding Source There is no fiscal impact for approving the Lease with an 11-month term. Although no rent is due under the Lease, the County intends to negotiate a Master Development Agreement and the long-term Ground Lease Agreement for the Project Site, which will result in revenue sharing and capital improvements to 3 t a�i h� Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners NOTICE Page miss°bminal news m hea°me mr a P°buy healing ccoreanre whh timelines set forth in the Clty °f Miami C°de.The appl-de decision-rna king b°tlywill renew the intonna0°n at the pubic hearing t° render a the Project Site. The Master Development Agreement and long-term lease will b °rnme°da °°°raftnaldeeiA°°. Board for its approval at a later date. Pz-22-13191 02/07/23 Track RecordlMonitor • Pearl Bethel of the Internal Services Department is the Procurement Contracting Manager. Dele aced Authority If this item is approved, the County Mayor or County Mayor's designee will have the authority to: (1) execute the Lease to exercise all provisions of the Lease including, but not limited to, termination provisions and the following provisions that authorize the County Mayor or the County Mayor's designee to (a) review and approve documents, plans, applications, lease assignments and requests required or allowed by HTG to be submitted to the County pursuant to the Lease; (b) consent to actions, events, and undertakings by HTG or extensions of time periods for which consent is required by the County, including, but not limited to, extensions of time for the performance of any obligation by HTG under the Lease; (c) execute any and all documents on behalf of the County necessary or convenient to the foregoing approvals, consents, and appointments; (d) negotiate lease bifurcation agreements; (e) negotiate terms of Right of First Refusal and Option to Purchase Agreements; (f) assist HTG with, and execute on behalf of the County, any applications or other documents needed to comply with applicable regulatory procedures and to secure financing, permits or other approvals to accomplish the construction of any and all improvements in and refurbishments of the property; (g) amend the Lease to correct any typographical or non -material errors, to address revisions or supplements hereto of a non -material nature or to carry out the purposes of the Lease; (h) execute or consent to, at the County Mayor or the County Mayor's designee sole discretion, subleases with HTG's assignees, including any amendments, extensions, and modifications thereto; (i) execute recognition and non -disturbance agreements and issue estoppel statements; and 0) to take all other necessary actions that may be required by the Florida Housing Finance Corporation or other funding sources, to preserve site control. Vendor Recommended for Award A Request for Proposals was issued under full and open competition. The County received three proposals. The Competitive Selection Committee (CSC) recommended that the County enter into negotiations with the highest ranked proposer, HTG. According to the CSC, HTG, including its key personnel and sub -contractors, has the experience, qualifications, capacity, and financial strength required for the redevelopment and operation of multifamily housing for public housing agencies. Number of Employee Vendor Principal Address Local Address` Residents principal 1) Miami -Dade 2) percentage* Housing Trust Group, 3225 Aviation Avenue 45 LLC 6 door Same Matthew A. Rieger Coconut Grove, FL i 1 80% *Provided pursuant to Resolution No. R-1011-15. Percentage of employee residents is the percentage of vendors employees who reside in Miami -Dade County as compared to the vendor's total workforce. M Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners Page 4 Vendors Not Recommended for Award Vendor Local Address Reason for Not NOTICE This submittal needs.. scheduled tar a public hearing in ccord—whh timelines set forth in the t it, of Miami me . The applica de decision -making body will renew the intonnadon at the pubc hearing to render a men rec d—, or a final decison. �PZ-22-13191 02/07/23 .I[' The Michaels Development Company I, LP No Evaluation Scores/Ranking Deemed non -responsive by the County Pennrose, LLC No Attorney's Office for failing to submit Form 1, Revenue and Income Streams Pr000sal Schedule (opinion attached) Due Diligence Pursuant to Resolution No. R-187-12, a due diligence review was conducted in accordance with the Internal Services Department's Procurement Guidelines to determine vendor responsibility, including verifying corporate status and that there are no performance and compliance issues. The lists that were referenced included convicted vendors, debarred vendors, delinquent contractors, suspended vendors, and federal excluded parties. There are no adverse findings relating to vendor responsibility. Applicable Ordinances and Contract Measures • The two percent User Access Program provision does not apply. • The Small Business Enterprise Selection Factor and Local Preference do not apply. • The Living Wage does not apply. • The Davis -Bacon Wage Schedule in effect for Miami -Dade County applies. • Residents First Training and Employment Program applies, pursuant to Section 2-11.17 of the Code of Miami -Dade County and Implementing Order No. 3-61. • Section 3 of the Housing and Urban Development Act of 1968 Compliance applies. Attachment 6 1 Maurice L. Kemp Deputy Mayor 5 Memo Date, December .11 P� 20-19. NOTICE Th&.MAtal& b h scheduled f., . P.W hnM h IThICKY a �C�.Thppk,U,d , A,,g blyw rvMewftmkm at public —I.—I a 1. kPZ-22-13191 02/07/23 TQ. Manuel,4-Jimenez " PrDcux-qmpt1t Contracting.Offid& Internal Services Departrapnt Ffom: Terrence A. Smith- I Assistant Catihfy Attorney Subject., .Responsiveness Opinion ron kPP No. 01106,,Rdd6veloprhent cif Rainbow Vi.�fage baid Gwen -Cherry 23-C I -art in reQexpt of yogi r memorandum dated DocembOr 6, .20L9, in Wich,You "k for a repon pi:�ss' d ftOMT=1��Ost� LIL 0'Peur6s'., in. siyq, 4g�rminaflip as to proposals rePeive q � I . - .. . rase'. . '2 10 ow- and the respo nse wIPP'No. 01 9&--Redevelopm;nj ofla bow. Vibage: d Owen Chen - 23C I ;61Y, 6ri:that . meftior46durft EL44 its.:accotk!pahytng. -ihaldrW9 6olisisting. of the reM 'tpons6ib6the Solieit�tiMthe.SoUciationb 'its i-a--iy i g�'�ddeiid aiicl P ate -subsequent tilephone, conversations. If there ore: additional fAtts Of whicii i -,sh6aa bt made -awaf 'pleage'let me, mow, as those- fqpO may alter the -,conclusions -reached herein. eased on my -m 'Op' Ion is provided, finding review 9 whether the P e'=''' 0 S 6.? s'response tothe Solicitation AnLtysi The Solicitation requires that each p . ropose_r�nug stibmjt Form 1, which is.the Revenue and Income Streams Proposal.:_ pos4..." Form 1 states. -that. "[t]he Noposer's revenue :and. incopad Akeains shall be its io Wbm- itied bn'this Form 1.,.' -Proposer 1S',,requ6st&d to.B.11 in ;the blaft '6hthis-fbtnL FuAher, seetjoti-4,1 titled ',%ewiew of Pro.pogals.for'Resnmsivene-68'I states Each proposal will be reviewed to detertni le if the proposal. is. tesp63isive-.to -the SUbMiSsionxequireiiiehts A- rew .ponsive-P.'MP4a.W, whkitfollows .tlte,-eqitipemetits o kmiagif iff the, bmat oudined in this Sp&4a- o)t; .is of d"WY srzissiort; gri.a. -jjjW.j&g a .ppr9priate sl required o4 gnaJure$ as requir" each document; Failure to comply with these requirements .may result in the proposal being. deemed -non=- r6 Spoiisive at the: sole dlacraibn dfte: Coulity'9 Attomey Office, (emphasis E4ded:) Fin4lly, section. 4-5 of the -Soliqi.tatioatitled"Revenue and.Ine6rn.6 Stieams .Evaluation" states - The revenue and Ineome streams proposal will be evaluated sulbjectiyely AM combination. With the t6pluiloal proposal, ineWing 44 e'v4iAdMi of 11OW Welf it IDg6he,s 'PropoPer'S understanding of -the Co#iy'q :needs - dq§cribed in- this. NOTICE Thissub needsmh scheduled far a public h,.,M ar<ord.—.M Umelines set fonh in the fi y W i Cade. Pn applied hle decision-rna Ning bl*:t renew Meinionnadon at the public hearing to re. rec om—d.-or a final deci9on PZ-22-13191 02/07/23 Solicitation, the Proposer's assumptions, and the value of the proposed services, The revenue and Income straearns evalimdon is used as part of the evaluation process to deter mine the highest ranked Proposer. Tine County reserves -the right to negotiate the final terms, conditions and revenue and income streams of the contract as may be in the best interest of the County. (emphasis added) Here, Peunrose failed to submit Form 1. 'Thus, the County has no ability to evaluate and ranit Pennrose's proposal. One court has,explained that the propose of the competitive bidding process is, among other things, "to secure fair competition upon equal tetras to all bidders ... and to afford an equal advantage to all desiring to do business with the county, by affording an opportunity for an exact comparison of bids." Hca-ry Pepper & Assocs., Inc. v, CIO, o,. f' Cape Coral, 352 So, 2d 1190,1192 (Fla. 2d DCA 2977) (citing Wester v. Belote, 138 So. 721, 723-24 (Fla. 1931)). It is established that responses to a solicitation must be capable of assuring the County that, if accepted, the proposalwill result in a contract that can be performed in accordance with the requitements of the solicitation. See, e.g., Glatstein v. City of Miami, 399 So. 2d 1005, 1007-1009 (He. 3d DCA 1981) (relying on rester for the proposition that Solicitation must include "reasonably definite plans or specifications, as a basis on which bids may be received'. Accordingly, Fentuose's failure to provide Form 1 as required by the Solicitation menders its bids non -responsive. Pernrose's bid is not sufficient to provide the County with assurance that "the proposal will result in a contract that can be perfonned in accordance with t1Ze requirements of the solicitation." Glatstein, 399 So. 2d at 1007-1008. Please feel flee to contact: me if you have any questions or concerns about the foregoing- 2 7 Mem randu[m Date: December 06, 2019 To: Terrence Smith Assistant County Attorney County Attorney's Office From: Manuel A. Jimenez, CPPO, CPPB Procurement Contracting Officer Internal Services Department C p'N yV NOTICE Thls submittal needs to be sch.dWed b, a p0k hexhng — wkh eme11— set ronh m th. City m mi- Code. The applude tlecision-making bWy will reVewihe information at the pubec hearing to mode, a nxommentlation or a final deciaon. PZ-22-13191 02/07/23 Subject: Requestfor Responsiveness Determination for Pennrose, LLC In Response to RFP No, 01296, Redevelopment of Rainbow Village & Gwen Cherry 23C On December 2, 2019, three proposals were received for the subject RFP and subsequently reviewed for responsiveness. Please advise whether the subject proposal Is responsive. Section 3.0. Response Requlrements For Pr000sers Proposer: Issue: Pursuant to RFP No. 01296, Redevelopment of Rainbow Village & Gwen Cherry 23C, Section 3.0, Response Requirements For Proposers, Pennrose, LLC ("Pennrose") did not provide Form 1 - Revenue and Income Streams Proposal in its response to RFP-01296. 1) Section 3.5 of the RFP, Form 1— Revenue and Income Streams Proposal, states: "Complete following the requirements therein." 2) Form 1, also states: Pennrose "The Proposer's revenue and income streams shall be submittedon this Form 1, Revenue and Income Streams shall be in the mannerstated herein..." (°Pennrose") Research Conducted: After I discovered that Pennrose's Proposal was missing Form 1, 1 thoroughly reviewed Pennrose's Proposal several times, trying to discover any embedded statement in the j Proposal related to the Proposer's Revenue and Income Streams Proposal (Form 1). The result was negative; I could not find any such statement in the Proposal. j I also reviewed the Proposer's response activity log in B€dSync, and the report shows that the Proposer downloaded Form 1 on November 18, 2019 at 8:43:15 AM EST (See attached Pennrose's Response Activity Report). The total value of the award will be over $1 million. If you have any questions, please contact me at (305) 375-4425. Thank you for your attention to this matter. Attachments: RFP-01296 Submittals RFP-01296 Solicitation Package (Complete) Pennrose's Response Activity Report 2.N .xy r MEMORANDUM (Revised) TO: Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners t iam 1 • • Attricorney Please note any items checked. C p'N,V NOTICE Thls submittal needs to be sch.dWed b, a p0k hexhng — wkh eme11— set ronh m the City m mi- Code. The applude tlecision-making bWy will reVewihe information at the pubec hearing to mode, a nxommentlation or a final deciaon. PZ-22-13191 02/07/23 DATE: Ap it SUBJECT: Agenda Item No. S(F) (1) "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review ✓ Applicable legislation requires more than a majority vote (i.e., 2/3's present ✓, 2/3 membership , 3/5's _,, unanimous __, CDMP 7 vote requirement per 2-116.1(3)(h) or (4)(c) __, CDMP 2/3 vote requirement per 2-116.1(3)(h) or (4)(c) , or CDMP 9 vote requirement per 2-116.1(4)(c)(2) ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required 9 Approved Mayor Agenda Item No. Veto 4-7-20 NOTICE ThIs s, brnm I needs b be scheduled br a public nearing Override III accordance with hmellnes set forth in the City of Miami CW, The app lica Lie decon making body nnll renew the intonnation at the public hearing to render a recommendation or a final decidnn. PZ-22-13191 02/07/23 RESOLUTION NO. R-297-20 RESOLUTION AUTHORIZING, IN ACCORDANCE WITH SECTION 125.35, FLORIDA STATUTES, AWARD OF AN 11- MONTH GROUND LEASE AGREEMENT TO HOUSING TRUST GROUP, LLC, AND ITS AFFILIATES ("HTG"), A FLORIDA LIMITED LIABILITY COMPANY FOR NOMINAL VALUE AND FOR THE PURPOSE OF PROVIDING SITE CONTROL TO HTG FOR THE REDEVELOPMENT OF RAINBOW VILLAGE AND GWEN CHERRY 23C PUBLIC HOUSING DEVELOPMENTS PURSUANT TO REQUEST FOR PROPOSAL (RFP) NO. 01296, FOR THE REDEVELOPMENT OF RAINBOW VILLAGE AND GWEN CHERRY 23C, FOR THE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT; WAIVING SECTIONS 2-8.3 AND 2-8.4 OF THE COUNTY CODE RELATING TO BID PROTEST PROCEDURES BY A TWO-THIRDS VOTE OF THE BOARD MEMBERS PRESENT; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE THE GROUND LEASE AGREEMENT, TO EXERCISE ALL PROVISIONS CONTAINED THEREIN, INCLUDING TERMINATION AND AMENDMENT PROVISIONS, TO EXECUTE OR CONSENT TO THE EXECUTION OF SUB - GROUND LEASES AS MAY BE REQUIRED BY THE FLORIDA HOUSING FINANCE CORPORATION OR OTHER FUNDING SOURCES, TO PRESERVE SITE CONTROL WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that: Section 1. This Board authorizes, in accordance with section 125.35, Florida Statutes, award of a l I -month Ground Lease Agreement ("Lease") for RFP No. 010296 with Housing Trust Group, LLC, and its affiliates ("HTG"), for nominal value and for the purpose of providing site control to HTG for the redevelopment of Rainbow Village and Gwen Cherry 23C public housing 10 Agenda Item No. 8(FJ(N r2 Page No. 2 pTICE develo ments Project Site ursuant to Request /for Pro osal (RFP)1 No. 012 6 p(J ))pl✓`/ ds to be sch.dWed bra p0k hexhng wkh hmellnessef.ft in the City& tlecisi bWywill pplude making atioat the pebec hearing t. mode, a enrafinal deciaof Rainbow Village and Gwen Cherry 23C for the Public Housing and CommunitZ-22-13191 02/07/23 Department. • Section 2. This Board waives the requirements of sections 2-8.3 and 2.-8.4 of the Miami -Dade County Code ("Code") pertaining to bid protests, by a two-thirds vote of the Board members present, to allow HTG the opportunity to apply for competitive funds from the Florida Housing Finance Corporation's State Apartment Incentive Loan Program, by the application deadline in March 2020. Additionally, this Board waives the Code to ensure that the Public Housing and Community Development Department is able to provide assurances to the United States Department of Housing and Urban Development ("HUD") by March 2020 that the County is making significant progress on the County's plan to covert certain public housing units to Section 8 Project -based units through HUD's Rental Assistance Demonstration Program. Section 3._ This Board authorizes the County Mayor or County Mayor's designee to execute the Lease, in substantially the form attached hereto as Attachment "A" and incorporated herein by reference. This Board further authorizes the County Mayor or the County Mayor's designee to exercise all provisions contained in the Lease including, but not limited to, termination and amendment provisions and the following provisions that authorize the County Mayor or the County Mayor's designee to (a) review and approve documents, plans, applications, lease assignments and requests required or allowed by HTG to be submitted to the County pursuant to the Lease; (b) consent to actions, events, and undertakings by HTG or extensions of time periods for which consent is required by the County, including, but not limited to, extensions of time for the performance of any obligation by HTG under the Lease; (c) execute any and all documents on behalf of the County necessary or convenient to the foregoing approvals, consents, and appointments; (d) negotiate lease bifurcation agreements; (e) negotiate terms of Right of First 11 Agenda Item No. 8(F) jC p'N eV Page No. 3 NOTICE Th1s submidal need— be echedu�d fora pobk hearing Refi�sal and Option to Purchase Agreements; (f) assist HTG with and execute o M;am;��e.Thee P°�aede so." zkngeb r,l re�ewthe information at the peb" hearing to rendera recommendation or a final deciaon. 0 County any applications or other documents, needed to comply with applica PZ-22-13191 02/07/23 procedures and to secure financing, permits or other approvals to accomplish the const • any and all improvements in and refurbishments of the property; (g) amend the Lease to correct any typographical or non -material errors, to address revisions or supplements hereto of a non- material nature or to carry out the purposes of the Lease; (h) execute or consent, at the County Mayor or the County Mayor's designee sole discretion, to subleases with HTG's assignees, including any amendments, extensions, and modifications thereto, in substantially the form attached to the Lease as Exhibit "D" (i) execute recognition and non -disturbance agreements and issue estoppel statements; and 0) to take all other necessary actions that may be required by the Florida Housing Finance Corporation or other funding sources, to preserve site control. Sect on 4. This Board directs the County Mayor or the County Mayor's designee to provide to the Property Appraiser's Office executed copies of the ground leases, sub -ground leases and operating agreements within 30 days of their execution. Section 5. This Board directs the County Mayor or the County Mayor's designee, pursuant to Resolution No. R-974-09, shall record in the public record the ground lease or, memorandum of ground lease, sub -ground leases or memoranda of sub -ground leases, covenants, reverters and mortgages creating or reserving a real property interest in favor of the County and shall provide a copy of such recorded instruments to the Clerk of the Board within 30 days of execution and final acceptance. This Board further directs the Clerk of the Board, pursuant to Resolution No. R-974-09, to attach and permanently store a recorded copy of any instrument provided in accordance herewith together with this resolution. 12 Agenda Item No. 8(F Page No. 4 1 The foregoing resolution was offered by Commissioner Rebeca who moved its adoption. The motion was seconded by Commissioner Audrey M. upon being put to a vote, the vote was as follows: Audrey M. Edmonson, Chairwoman aye Rebeca Sosa, Vice Chairwoman aye Esteban L. Bovo, Jr. aye Daniella Levine Cava Jose "Pepe" Diaz aye Sally A. Heyman Eileen Higgins aye Barbara J. Jordan Joe A. Martinez aye Jean Monestime Dennis C. Moss aye Sen. Javier D. Souto Xavier L. Suarez aye C p'N yV NOTICE Thls submittal needs to be sch.dWed b, a p0k hexhng ccortl— wkh tlmellnes set forth in the City & mi— CWe. Theapplude tlecisi making bWywill reVewihe information at the pubec hearing t. render a rtxommentlation o, a final deciaon. PZ-22-13191 02/07/23 aye aye aye aye aye The Chairperson thereupon declared this resolution duly passed and adopted this 71h day of April, 2020. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this resolution and the filing of this approval with the Clerk of the Board. Approved by County Attorney as to form and legal sufficiency. Terrence A. Smith MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK Melissa Adames By: _ Deputy Clerk 13 4z x.tL ATTACHMENT •� +� NOTICE Thls submittal needs to be sch.dWed b, a p0k hexhng — wkh eme11— set ronh m the City m mi— Code. The applude tlecision-making bWy will re�ewihe information at the pub" hearing to nmaer a nxommentlation o, a final deciaon. PZ-22-13191 02/07/23 GROUND LEASE Dated as of March 2020 between MIAMI-DADE COUNTY Landlord and RAINBOW REDEVELOPMENT, LLC Tenant 14 NOTICE This a�driHalne. obeli— leefara Th,C heain9 rtia�aea��ewm�emeimess�tonn mmpeMw am caae.meavvo�aae aer�:m�-maNmy aoa, u GROUND LEASEw�b� atthePb� heaEn9,ae�eHa mme�aaeo�o�an�ai egz�va.. PZ-22-13191 (Project No. RFP-01296 for the Redevelopment of 02/07/23 Rainbow Village and Gwen Cherry, 23C) - - THIS GROUND LEASE (the Lease), made as of March __-_, 2020 (the Lease Date), by and between MIAMI-DADE COUNTY, a political subdivision of the State of Florida and a "public housing agency" as defined in the United States Housing Act of 1937 (42 U.S.C. §1437 et seq., as amended) (Landlord), and RAINBOW REDEVELOPMENT, LLC, a Florida limited liability company (Tenano, as assignee of Housing Trust Group, LLC, a Florida limited liability company (HTG). Capitalized terms used in this Lease, without being defined elsewhere herein, shall have the meanings set forth in Section 1.1 hereof. WITNESSETH: WHEREAS, Landlord is the owner of the Land consisting of certain real property located in Miami -Dade County, Florida, on which is located public housing developments known as Rainbow Village and Gwen Cherry 23C (FLA 5-32 and FLA 5-27); and WHEREAS, Landlord sought qualified developers to redevelop the Land pursuant to the terms and conditions set forth in Request for Proposal No. 01296, Redevelopment of Rainbow Village and Gwen Cherry 23C (RFP); and WHEREAS, HTG has proposed to construct, through special purpose entities (including Tenant), (a) under Scenario A, approximately 1,014 mixed -income units on the Land, 136 of which will be RAD Units; or (b) under Scenario B, 1,316 mixed -income units, 136 of which will be RAD Units under Scenario B; and WHEREAS, Tenant intends to apply for various sources of private and public funding, which may include but is not limited to Low Income Housing Tax Credits (LIHTC) through the Florida Housing Finance Corporation (FHFC) and Federal Housing Administration's (FHA) 221(d)(4) program; and is required to meet certain requirements as a condition of being awarded such financing; and is responsible in all cases for identifying adequate project funding; and WHEREAS, such applications require Tenant to present evidence of site control over the Land at the time of the application as a condition of being awarded financing; and WHEREAS, evidence of site control over the Land includes a ground lease; and WHEREAS, on , 2020, the Miami -Dade Board of County Commissioners (the Board adopted Resolution No. awarding the RFP to the Tenant and approving the execution of this Lease; and WHEREAS, Landlord and Tenant are willing to enter into this Lease of the Land conditioned on Tenant obtaining financing, which may include FHFC awarding Tenant LIHTC. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties set forth herein, Landlord and Tenant do hereby covenant and agree as follows: Project No. RFP-01296 ACTIVE 48486805V4 15 A TICLE I DEFINITIONS C p'N,V NOTICE Thls submittal needs to be sch.dWed b, a p0k hexhng — wkh eme11— set ronh m the City m mi- Code. The applude tlecision-making bWy will reVewthe information at the pubec hearing to mode' a mentlation o, a final deciaon. PZ-22-13191 02/07/23 1.1. Definitions. The following terms shall have the following definitions in this Lease: (a) ACC means the Consolidated Annual Contributions Contract between HUD and Landlord as amended in relation to the Premises by the ACC Amendment. (b) ACC Amendment means the Mixed -Finance Amendment to Consolidated Annual Contributions Contract, dated on or about the Commencement Date, by Landlord and HUD, and incorporating the Public Housing Units, as the same may be further amended from time to time. (c) Act means the United States Housing Act of 1937 (42 U.S.C. § 1437, et seq.), as amended from time to time, any successor legislation, and all implementing regulations issued thereunder or in furtherance thereof. (d) Applicable Public Housing Requirements means, collectively, the Act, HUD regulations thereunder (and, to the extent applicable, any HUD -approved waivers of regulatory requirements), and all other Federal statutory, executive order, and regulatory requirements applicable to public housing, as such requirements now exist or as they may be amended from time to time. With respect to the Public Housing Units, the term Applicable Public Housing Requirements shall also include the ACC and the ACC Amendment, as and to the extent applicable to the Public Housing Units during the term thereof or the period required by law. (e) Bankruptcy Laws has the meaning set forth in Section 8.1(d). (f) Board means the Board of County Commissioners as provided in the Recitals to this Lease. (g) Commencement Date means the date on which the Tenant closes on its construction financing for the rehabilitation, redevelopment or new construction, as applicable, of the Improvements and the sale or syndication of the LIHTC, if applicable. (h) Declaration of Restrictive Covenants means any use agreement, declaration or similar covenant in favor of HUD to be recorded against the Land prior in lien priority to any leasehold mortgage and this leasehold which obligates Tenant and any successor in title to the Premises, including a successor in title by foreclosure or deed -in -lieu of foreclosure (or the leasehold equivalent), to maintain and operate the Premises in compliance with the Applicable Public Housing Requirements for the period stated therein. (i) Defects has the meaning set forth in Section 7.3. (I) Development means the construction (or rehabilitation), maintenance and operation of the Premises in accordance with this Lease. (k) Entitlements means all development, zoning, land use, entitlements, operation permits, concurrency, comprehensive plan amendments, site plan approval, platting, water and sewer rights and/or any other approvals and/or variances as may be required from the various Project No. RFP-01296 AC vE 48486805v4 2 16 Aar SKY 11Y - APT NOTICE This adriHalne. b beli— ieefara Th,Cty4 a�aea��wm�umeimess�tonn mmp ertiw rnn c°ae.me avvo,ae asm-maNmy n°ayr.,u governmental or quasi -governmental authorities having jurisdiction over the Premis °b" d...1P 1`Idld '°`�'"d aaeo� o� a n�ai eg��va.. applicable appeals period, for the development and construction of the Project. PZ-22-13191 02/07/23 �f (1) Environmental Assessments means the environmental studies and rep - -- " obtained by Tenant on or before the Commencement Date. (m) Environmental Laws means any present and future Federal, State or local law, ordinance, rule, regulation, permit, license or binding determination of any governmental authority relating to, imposing liability or standards concerning or otherwise addressing the protection of land, water, air or the environment, including, but not limited to: the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601 et seg. (CERCLA); the Resource, Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (RCRA); the Toxic Substances Control Act, 15 U.S.C. §2601 et seq. (TOSCA); the Clean Air Act, 42 U.S.C. §7401 et seq.; the Clean Water Act, 33 U.S.C. §1251 et seq. and any so-called "Superfund" or "Superlien" law; as each is from time to time amended and hereafter in effect. (n) Event of Default has the meaning set forth in Section 8.1. (o) FHFC has the meaning set forth in the Recitals of this Lease. (p) Governing Documents means (i) with respect to the Public Housing Units, the Declaration of Restrictive Covenants, the ACC, ACC Amendment, the Operating Agreement, and other agreements associated with the RAD, including, but not limited to HAP Contract. In the event of a conflict between the Operating Agreement and the ACC, ACC Amendment, Declaration of Restrictive Covenants and the Hap Contract, the ACC, the Declaration of Restrictive Covenants and the HAP Contract shall govern, and (ii) with respect to the RAD Units, any document effectuating any part of RAD Requirements, including, without limitation, a RAD Conversion Commitment, a RAD Use Agreement, and a RAD HAP Agreement. (q) HAP Contract means the Housing Assistance Payment Contract(s) to be entered into between Tenant and Landlord in accordance with the RAD Program. (r) Hazardous Substances means (i) "hazardous substances" as defined by CERCLA or Section 311 of the Clean Water Act (33 USC § 1321), or listed pursuant to Section 307 of the Clean Water Act (33 USC § 1317), (ii) "hazardous wastes," as defined by RCRA; (iii) any hazardous, dangerous or toxic chemical, waste, pollutant, material, element, contaminant or substance ("pollutant") within the meaning of any Environmental Law prohibiting, limited or otherwise regulating the use, exposure, release, emission, discharge, generation, manufacture, sale, transport, handling, storage, treatment, reuse, presence, disposal or recycling of such pollutant; (iv) petroleum crude oil or fraction thereof; (v) any radioactive material, including any source, special nuclear or by-product material as defined in 42 U.S.C. §2011 et seq. and amendments thereto and reauthorizations thereof, (vi) asbestos -containing materials in any form or condition; (vii) polychlorinated biphenyls or polychlorinated biphenyl -containing materials in any form or condition; (viii) a "regulated substance" within the meaning of Subtitle I of RCRA, as amended from time to time and regulations promulgated thereunder; (ix) substances the presence of which requires notification, investigation or remediation under any Environmental Laws; (x) urea formaldehyde foam insulation or urea formaldehyde foam insulation -containing materials; (xi) lead -based paint or lead -based paint -containing materials; and (xii) radon or radon -containing or producing materials. Project No. RFP-01296 ACTIVE 48486805v4 3 17 411y!arX� NOTICE mie eobmmd[ needs m re. a h.&d .e mra pbk nearing in a�°raan� wim en,ennes se<tonn m me ciri m Miami CWe. The appliwde tleclsi°n-maXing bWywill (s) HTG has the meaning set forth in the Recitals to this Lease. "`.m`o coati°nattnep baehea"ngt°render® elation °r a anal aeudon. PZ-22-13191 (t) HUD means the United States Department of Housing and Urban Dev o2Io7I23 (u) Improvements means all repairs, betterments, buildings and developm-VQ hereafter constructed or rehabilitated on the Land, and any additional parking areas, walkways, landscaping, fencing or other amenities on the land. (v) Inspector General has the meaning set forth in Section 12.1. (w) Investor means Tenant's equity investor(s) who will be admitted as a member or limited partner (as applicable) of Tenant under the Operating Agreement. (x) IPSIG has the meaning set forth in Section 12.1. (y) Land means that certain real property located in Miami -Dade County, legally described in Exhibit A, together with all easements, rights, privileges, licenses, covenants and other matters that benefit or burden the real property. (z) Landlord shall have the meaning ascribed to such term in the introductory paragraph to this Lease and means Miami -Dade County, a political subdivision of the State of Florida and a "public housing agency" as defined in the Act. (aa) Lease shall have the meaning ascribed to such term in the introductory paragraph to this Lease and means this ground lease as the same shall be amended from time to time. (bb) Lease Date shall have the meaning ascribed to such term in the introductory paragraph to this Lease and means the date on which this Lease is signed by the last of the Landlord or Tenant. (cc) Lease Year means, in the case of the first lease year, the period from the Commencement Date through December 31s' of that year; thereafter, each successive twelve - calendar month period following the expiration of the first lease year of the Term; except that in the event of the termination of this Lease on any day other than the last day of a Lease Year then the last Lease Year of the Term shall be the period from the end of the preceding Lease Year to such date of termination. (dd) LIHTC has the meaning set forth in the Recitals to this Lease. (ee) Operating Agreement means the Amended and Restated Operating Agreement or Limited Partnership Agreement (as applicable) of Tenant to be entered into on or about the Commencement Date and pursuant to which the Investor will be admitted as a member or limited partner of the Tenant. (ff) Partial Taking has the meaning set forth in Section 6.2(d). (gg) Permitted Encumbrances means such recorded title matters as are disclosed pursuant to the title commitment to be obtained by Tenant pursuant to Section 7.1 and are not identified by Tenant as objectionable matters pursuant to the procedure provided in Section 7.3. Project No. RFP-01296 4 ACTIVE 48486805v4 •• f� X NOTICE mis s�bminei neeas m be. e�nea�iee mr a P�bu� hearing re wp timelines set forth in the Clty of cCWr (hh) Permitted Leasehold Mortgage has the meaning set forth in Secti . Miami Ccd0 applicade tlecbk-makingboay r ew�e�to-nd.tthep ,��h�arn9to ntlera tlavon or a finaI tlon. PZ-22-13191 (ii) Permitted Leasehold Mortgagee has the meaning set forth in Sectio 02/07/23 0) Personal Property means all fixtures (including, but not limited to, all heating conditioning, plumbing, lighting, communications and elevator fixtures), fittings, appliances, apparatus, equipment, machinery, chattels, building materials, and other property of every kind and nature whatsoever, and replacements and proceeds thereof, and additions thereto, now or at any time hereafter owned by Tenant, or in which Tenant has or shall have an interest, now or at any time hereafter affixed to, attached to, appurtenant to, located or placed upon, or used in any way in connection with the present and future complete and comfortable use, enjoyment or occupancy for operation and maintenance of the Premises, excepting any personal property or fixtures owned by any tenant (other than the Tenant) occupying the Premises and used by such tenant for residential purposes or in the conduct of its business in the space occupied by it to the extent the same does not become the property of Tenant under the lease with such tenant or pursuant to applicable law. (kk) Plans and Specifications means the plans and specifications for the Improvements to be constructed (or rehabilitated) on the Land by Tenant. (II) Premises means the Land, the Improvements and the Personal Property. (mm) Project means the development of the Improvements on the Land in accordance with the Plans and Specifications. (nn) Project -Based Voucher (PBW program means a component of a public housing agency's (PHA's) Housing Choice Voucher (HCV) program or the PHA's PBVs allocated through the RAID Program. (oo) Public Housing Units means 136 units on the Premises regulated as public housing units in accordance with the Operating Agreement, all of which will be converted to RAID Units and Project -Based Voucher Units, under RAD 75/25 Section 18 "demo/dispo" Blend, contingent on HUD approval. (pp) Qualified Assignee shall mean any individual, corporation, limited liability company, general or limited partnership, joint venture or other entity that is a registered vendor with the Landlord and is not otherwise prohibited by legislation then in effect from doing business with the Landlord or has not otherwise been issued a Limited Denial or Participation, Suspension or Debarment by any governing local, state or federal agency. (qq) RAD HAP Contract means Housing Assistance Payments Contract(s) for project based vouchers in the form required by RAD Requirements. (rr) RAD Program means HUD's Rental Assistance Demonstration program originally authorized by the Consolidated and Further Continuing Appropriations Act of 2012 (Public Law 112-55), as it may be re -authorized or amended, as further governed by HUD Notice H-2019-09, PIH-2019-23 (HA), Rental Assistance Demonstration Final Implementation -Revision 4, and any subsequent revisions thereto. Project No. RFP-01296 ACVVE 48486805A 9 19 nRaac NOTICE This ardriHalneatls b be scree aeaPmumimf.& imPh, City FwNIlIfJ c°ae. me avvo�aae aer�sm�-rnaNmy n°ay.,,u (ss) RAD Requirements means all requirements for the RAD ProgramNifpu Tenant as set forth in the RAD Documents and any other rules or regulations prPz-22-13191 HUD for the RAD Program. 02/07/23 (tt) RAD Unit means any of the 136 units on the Premises (or elsewhe to a "transfer of assistance" approved by Landlord and HUD) to be converted and operated in accordance with RAD Requirements. (uu) Real Estate Taxes has the meaning set forth in Section 3.5, (vv) Regulatory Default has the meaning set forth in Section 8.5. (ww) Rent has the meaning set forth in Section 3.1. (xx) RFP has the meaning set forth in the Recitals to this Lease. (yy) Sublease has the meaning set forth in Section 5.7. (zz) Sublessee means any sublessee to which Tenant subleases a portion of the ground leasehold estate created hereby, or any whole or partial assignee of this Lease through a partial assignment or bifurcation of this Lease, as provided in Section 5.7(b), but excluding any tenant of an individual residential or commercial unit. (aaa) Taking means any taking of the title to, access to, or use of the Premises or any portion thereof by any governmental authority or any conveyance under the threat thereof, for any public, or quasi -public use or purpose. A Taking may be total or partial, permanent or temporary. (bbb) Tenant shall have the meaning ascribed to such term in the introductory paragraph to this Lease and means RAINBOW REDEVELOPMENT, LLC, a Florida limited liability company. (ccc) Term means a period of time commencing with the Lease Date and continuing until the date which is seventy-five (75) Lease Years thereafter or longer as may be required by funding sources such as FHFC and as mutually agreed upon by Landlord and Tenant. (ddd) Total Taking has the meaning set forth in Section 6.2(c). 1.2. Interpretation. The words "hereof," "herein," "hereunder," and other words of similar import refer to this Agreement as a whole and not to any particular Section, subsection or subdivision. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Words importing the singular number shall include the plural and vice versa unless the context shall otherwise indicate. 1.3. Exhibits. Exhibits to this Lease are incorporated by this reference and are to be construed as a part of this Lease. Project No. RFP-01296 ACTIVE 484868054 lj 20 ARTICLE II �"f]'R 1laC NOTICE miasabmihalri & b be scheanlee far a pnbk h,.-" d—.mI—Ii— set ronh co me Chyar rtiarry ate. case.me apph�aae aer�smn-rnaNmy botlyxdl rewew tl�einhumalion at the pub4c hearing to ren9era mmenaaaonorannai ee��vpr. PZ-22-13191 PREMISES AND TERM Nbkh- 02/07/23 Landlord leases and demises to Tenant and its successors and assigns, subject to Wi with the benefit of the terms, covenants, conditions and provisions of this Lease, the Land for the Term unless sooner terminated in accordance with the provisions contained in this Lease. ARTICLE III RENT 3.1. Rent. Tenant covenants and agrees to pay to Landlord as Rent under this Lease the lump sum ground lease payments for either Scenario A or Scenario B (dependent upon which Scenario is actually pursued by Tenant as the Project) as and when set forth under Section A of the Revenue and Income Streams Schedule attached to this Lease as Exhibit B. Rent shall be made payable to the Board of County Commissioners, c/o Public Housing and Community Development, 701 N.W. 1st Court, 16t" Floor, Miami, Florida 33136, or at such other place and to such other person as Landlord may from time to time designate in writing, as set forth herein. Prior to the Commencement Date, Tenant is not obligated to pay Rent or any other sums to the Landlord under this Lease. 3.2. Surrender. Upon the expiration of this Lease by the passage of time or otherwise, Tenant will yield, surrender and deliver up possession of the Premises to Landlord. In the event Tenant fails to vacate the Premises and remove such personal property as Tenant is allowed hereunder to remove from the Premises at the end of the Term, or at the earlier termination of this Lease, Landlord shall be deemed Tenant's agent to remove such items from the Premises at Tenant's sole cost and expense. Furthermore, should Tenant fail to vacate the Premises in accordance with the terms of this Lease at the end of the Term, or at the earlier termination of this Lease, the Tenant shall pay to Landlord a charge for each day of occupancy after expiration or termination of the Lease in an amount equal to 150% of Tenant's Rent (applicable during the immediately preceding Lease Year) prorated on a daily basis. Such charge shall be in addition to any actual damages suffered by Landlord due to Tenant's failure to vacate the Premises, for which Tenant shall be fully liable, it being understood and agreed, however, that Tenant shall under no circumstances be liable to Landlord for any incidental, indirect, punitive or consequential damages (including, but not limited to, loss of revenue or anticipated profits). 3.3. Utilities. Commencing as of the Commencement Date, Tenant shall pay or cause to be paid all charges for water, gas, sewer, electricity, light, heat, other energy sources or power, telephone or other service used, rendered or supplied to Tenant in connection with the Premises. 3.4. Other. Commencing as of the Commencement Date, Tenant covenants to pay and discharge, when the same shall become due all other amounts, liabilities, and obligations which Tenant assumes or agrees to pay or discharge pursuant to this Lease, together with every fine, penalty, interest and cost which may be added for nonpayment or late payment thereof (provided that Tenant shall not be liable for any payment or portion thereof which Landlord is obligated to pay and which payment Landlord has failed to make when due); and, in the event of any failure by Tenant to pay or discharge the foregoing, Landlord shall have the right, after ten (10) business Project No. RFP-01296 ACTIVE 48486805v4 7 21 f' SKY 11YAll NOTICE miasubmiltal & b to s,heeuiee far a p.bk h,. eamte Imes f.&mmpertrw en caae.meavvo�aaea,bk - 1 aaoa boay.,,u days' notice to Tenant, to make any such payment on behalf of Tenant and " ""�°�""�°�°a"be°°bu`°`a'-t "M a� o� a n�ai eg�w�a. therefor. PZ-22-13191 02/07/23 'F 3.5. Taxes. Tenant understands and agrees that as a result of the Landlord's fee ow the Premises, for State law purposes, the Premises may be exempt from any ad valorem Landlord represents to Tenant that any such exemption should remain in effect notwithstanding that Landlord is entering into this Lease. However, during the Term of this Lease, if, for any reason whatsoever, the Premises become subject to ad valorem taxes or any other real estate taxes, fees, impositions and/or charges become imposed during the Term and any Extensions upon the Premises and the building and/or other improvements constructed on the Premises by Tenant (Real Estate Taxes), then, in such event, from and after the Commencement Date (but not before such date),Tenant shall be required to pay such Real Estate Taxes, prior to delinquency without notice or demand and without set-off, abatement, suspension or deduction. In the event that the folio identification number applicable to the Premises shall also contain other property not specifically included in, or a part of, the Premises, then Tenant shall only be required to pay the portion of such taxes exclusively attributable to the Premises. 3.6. Contested Obligations. If Tenant shall deem itself aggrieved by any Real Estate Taxes or other charges for which it is responsible hereunder and shall elect to contest the payment thereof, Tenant may make such payment under protest or, if postponement of such payment will not jeopardize Landlord's title to the Land, or subject Landlord to the risk of any criminal liability or civil liability or penalty, Tenant may postpone the same provided that it shall secure such payment and the interest and penalties thereon and the costs of the contest on the determination or the proceedings or suit in which such contest may be had, by causing to be delivered to Landlord cash or other security satisfactory to Landlord, or a bond of indemnity of a good and solvent surety company, in form and amount satisfactory to Landlord. Either party paying any Real Estate Taxes or other charges shall be entitled to recover, receive and retain for its own benefit all abatements and refunds of such Real Estate Taxes or other charges, unless it has previously been reimbursed by the other party, in which case an equitable distribution will be made. Tenant agrees to save Landlord harmless from ail costs and expenses incurred on account of Tenant's participation in such proceedings or as a result of Tenant's failure to pay Real Estate Taxes and other related charges with respect to the Premises. Landlord, without obligating itself to incur any costs or expenses in connection with such proceedings, shall cooperate with Tenant by providing such information and executing such applications, documents or filings as requested by Tenant, each with respect to such proceedings so far as reasonably necessary; provided, however, that Tenant acknowledges that the foregoing duty to cooperate will not require the Landlord to take any legal position contrary to the position taken by the Miami -Dade County Property Appraiser or Tax Collector in any such proceeding. Tenant shall not discontinue any abatement proceedings begun by it without first giving the Landlord written notice of its intent to do so and reasonable opportunity to be substituted in such proceedings. Landlord shall promptly furnish to Tenant a copy of any notice of any Real Estate Taxes received by Landlord. 31. Control and Liabilities. Landlord acknowledges and agrees that Landlord is and shall be, at all times prior to the Commencement Date, in use, control and occupancy of the Premises and all improvements located thereon. In connection with the foregoing, Landlord further acknowledges and agrees that Landlord is responsible for maintaining, repairing, securing, supervising and managing the Premises, including with respect to any third parties (e.g., tenants) located in the Premises. All debts, obligations and liabilities arising prior to the Commencement Date in the course of business of the Premises or otherwise in connection with the use, occupancy Project No. RFP-01296 ACTIVE 48486805v4 22 NOTICE masutiRawt �easro aeseneaelea m,avbiir iwa<.� accaraance wAh timelines sH,orth inUie aryaY Miami Cme. The applicatle tlecision-making both wil or operation thereof (including, but not limited to, all such liabilities for utilities, toneona„hep bEnea,in9�,enae a tlaaon of a final deeivort costs and expenses related to the Premises; all such liabilities under or wit PZ-22-13191 Environmental Laws or claims; all such liabilities under or with respect to any per, , 02/07/23 claims; and any and all obligations related to the operation, maintenance, repair, supervision and management of the Premises) are and shall be the obligation of Landlor , Tenant shall not be liable or otherwise responsible for any such debts, obligations or liabilities or have any duties to the Landlord or any third parties with respect to the use, occupancy or operation of the Premises. ARTICLE IV INDEMNITY,_ LIENS AND INSURANCE 4.1. Indemnity for Tenant's Acts. Landlord shall continue to operate the Premises until the Commencement Date as provided in Section 3.7 above and Section 5.1(b) below. From and after the Commencement Date, Tenant shall indemnify and hold harmless the Landlord and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the Landlord or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Lease by the Tenant or its employees, agents, servants, members, principals or subcontractors. Tenant shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the Landlord, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon, provided, however, nothing herein contained shall obligate or hold Tenant responsible (a) for any costs, expenses, claims or demands made by any party associated with the Premises relating to acts or omissions occurring prior to the Commencement Date (including, but not limited to, any acts or omissions relating to the operation, maintenance, repair, security, supervision or management of the Premises), or (ii) for any claims stemming from Landlord's and/or its officers', employees' or agents' acts or omissions; it being agreed to by the Landlord and Tenant that Tenant shall have no liability or obligation whatsoever with respect to such acts or omissions. Tenant expressly understands and agrees that any insurance protection required by this Lease or otherwise provided by Tenant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Landlord or its officers, employees, agents and instrumentalities as herein provided. 4.2. Landlord's Environmental Responsibility and Re resentations. (a) Except to the extent that an environmental condition is aggravated or exacerbated by the negligent or willful acts or omissions of Tenant, its agents or contractors, Tenant shall not be responsible under this Lease for any claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement action of any kind, and all costs and expenses incurred in connection therewith arising out of: (i) the presence of any Hazardous Substances in, on, over, or upon the Premises first affecting the Premises as of or prior to the Commencement Date, whether now known or unknown; or (ii) the failure of Landlord or its agents or contractors prior to the Commencement Date to comply with any Environmental Laws relating to the handling, treatment, presence, removal, storage, decontamination, cleanup, transportation or disposal of Hazardous Project No. RFP-01296 ACTIVE 48486806v4 E 23 NOTICE This submittal needs b be scheduled bra public hearing ccorhanre whh timelines set forth in the Clty of Miami CW,The applicade decision-rnaking body will Substances into, on, under or from the Premises at any time, whether or not such fai ryew�e�to -d zt, pu fi,,[d hngto renhera ntlati on or a final tlecisot was known or knowable, discovered or discoverable prior to the Commencement D PZ-22-13191 02/07/23 (b) Landlord represents and warrants to Tenant that, as of the date hereof: (i) except as may be referenced in the Environmental Assessments, and to the best of Landlord's actual knowledge, neither the Land nor any part thereof has been used for the disposal of refuse or waste, or for the generation, processing, storage, handling, treatment, transportation or disposal of any Hazardous Substances; (ii) except as may be referenced in the Environmental Assessments, and to the best of Landlord's actual knowledge, no Hazardous Substances have been installed, used, stored, handled or located on or beneath the Land, which Hazardous Substances, if found on or beneath the Land, or improperly disposed of off of the Land, would subject the owner or occupant of the Premises to damages, penalties, liabilities or an obligation to perform any work, cleanup, removal, repair, construction, alteration, demolition, renovation or installation in or in connection with the Premises (collectively, Environmental Cleanup Work) in order to comply with any Environmental Laws; (iii) except as may be referenced in the Environmental Assessments, and to the best of Landlord's actual knowledge, no notice from any governmental authority or any person has ever been served upon Landlord, its agents or employees, claiming any violation of any Environmental Law or any liability thereunder, or requiring or calling any attention to the need for any Environmental Cleanup Work on or in connection with the Premises, and neither Landlord, its agents or employees has ever been informed of any threatened or proposed serving of any such notice of violation or corrective work order; and (iv) except as may be referenced in the Environmental Assessments, and to the best of Landlord's knowledge, no part of the Land is affected by any Hazardous Substances contamination, which for purposes hereof, shall mean: (i) the contamination of any improvements, facilities, soil, subsurface strata, ground water, ambient air, biota or other elements on or of the Land by Hazardous Substances, or (ii) the contamination of the buildings, facilities, soil, subsurface strata, ground water, ambient air, biota or other elements on, or of, any other property as a result of Hazardous Substances emanating from the Land. 4.3. Liens. (a) Tenant agrees that it will not permit any mechanic's, materialmen's or other liens to stand against the Premises for work or materials furnished to Tenant it being provided, however, that Tenant shall have the right to contest the validity thereof. Tenant shall not have any right, authority or power to bind Landlord, the Premises or any other interest of the Landlord in the Premises and will pay or cause to be paid all costs and charges for work done by it or caused to be done by it, in or to the Premises, for any claim for labor or material or for any other charge or expense, lien or security interest incurred in connection with Tenant's development, construction or operation of the Improvements or any change, alteration or addition thereto made by or on behalf of Tenant. IN THE EVENT THAT ANY MECHANIC'S LIEN SHALL BE FILED, TENANT SHALL EITHER (A) PROCURE THE RELEASE OR DISCHARGE THEREOF WITHIN NINETY (90) DAYS EITHER BY PAYMENT OR IN SUCH OTHER MANNER AS MAY BE Project No. RFP-01296 ACTIVE 46486605v4 ius 24 SKY IY ,, NOTICE This arbn:nat ne. b bescnetluleefara pnbeLhea eti�aenn�wm�umeim�set tone mmp ertrw am coae.meapphaae aersmn-rnaNmy bogy u review e�einMlmalion at the pub4c hearing to rertlm a PRESCRIBED BY LAW OR (B) TRANSFER SUCH LIEN TO BOND WITHIN NINE °-1d.poarBfloa1e1m_ FOLLOWING THE FILING THEREOF. NOTICE IS HEREBY GIVEN THAT LANDL Pz-22-13191 NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED 02/07/23 FURNISHED TO THE TENANT OR TO ANYONE HOLDING ANY OF THE P THROUGH OR UNDER THE TENANT, AND THAT NO MECHANICS' OR OTHER LIENS ANY SUCH LABOR, SERVICES OR MATERIALS SHALL. ATTACH TO OR AFFECT THE INTEREST OF THE LANDLORD IN AND TO ANY OF THE PREMISES, THE LANDLORD SHALL BE PERMITTED TO POST ANY NOTICES ON THE PREMISES REGARDING SUCH NON -LIABILITY OF THE LANDLORD. (b) Tenant shall snake, or cause to be made, prompt payment of all monies due and legally owing to all persons, firms, and corporations doing any work, furnishing any materials or supplies or renting any equipment to Tenant or any of its contractors or subcontractors in connection with the construction, reconstruction, furnishing, repair, maintenance or operation of the Premises, and in all events will bond or cause to be bonded, with surety companies reasonably satisfactory to Landlord, or pay or cause to be paid in full forthwith, any mechanic's, materialmen's or other lien or encumbrance that arises, due to the actions of Tenant or any person acting on behalf of or under the control of Tenant, against the Premises. (c) Tenant shall have the right to contest any such lien or encumbrance by appropriate proceedings which shall prevent the collection of or other realization upon such lien or encumbrance so contested, and the sale, forfeiture or loss of the Premises to satisfy the same; provided that such contest shall not subject Landlord to the risk of any criminal liability or civil penalty, and provided further that Tenant shall give reasonable security to insure payment of such lien or encumbrance and to prevent any sale or forfeiture of the Premises by reason of such nonpayment, and Tenant shall indemnify Landlord for any such liability or penalty. Upon the termination after final appeal of any proceeding relating to any amount contested by Tenant pursuant to this Section 4.3, Tenant shall pay within a prescribed time any amount determined in such proceeding to be due, and in the event Tenant fails to make such payment, Landlord shall have the right after ten (10) business days' notice to Tenant to make any such payment on behalf of Tenant and charge Tenant therefor. (d) Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, expressed or implied, to or for the performance of any labor or services or the furnishing of any materials for construction, alteration, addition, repair or demolition of or to the Premises or of any part thereof. 4.4. Insurance Requirements. Beginning on the Commencement Date and continuing until the expiration or earlier termination of the Term, Tenant shall at all times obtain and maintain, or cause to be maintained, insurance for Tenant and the Premises as described in Exhibit C, or as otherwise approved in writing by Landlord. ARTICLE V USE OF PREMISES- , COVENANTS RUNNING WITH THE LAND 5.1. Use; Covenants. (a) In accordance with and subject to the terms and conditions of this Lease, Tenant and Landlord agree that Tenant shall construct or rehabilitate multifamily residential housing for Project No. RFP 01286 11 ACTIVE 48486805V4 25 NOTICE This orb d. neatls b be scneealee far a hea rti�aen�umeim t°nn mth, C mp ertrw am coae.meapphaae aersmn-rnaNmy bogy u NSe low-income, family, elderly, disabled, special needs or other population and useafter HUD's approval of Landlord's Applicable Public Housing RequirementsPZ-22-13191 Requirements (if and as applicable to the housing in question). 02/07/23 (b) Tenant understands that a financing plan must be submitted to HUD • 30, 2020. In the event such financial plan is not submitted to HUD by the before -mentioned date, may be grounds for termination of this Lease. (c) Tenant covenants, promises, and agrees that commencing on the Commencement Date, during the Term of this Lease, it will operate the Premises and all elements thereof as mixed -used, mixed -income residential housing in compliance with the RAD Requirements, inclusive of a co -management agreement with the Landlord which will be negotiated as part of the Master Development Agreement and shall reflect appropriate allocation of fees and other compensation commensurate with the co -management duties to be performed, for so long as they are applicable (Permitted Use). Without limiting the generality of the foregoing sentence, or the duration of the use restrictions applicable during the Term, Tenant covenants, promises and agrees that: 0) It will (a) enter into the RAD HAP Contract when the same is presented by Landlord; (b) apply to Landlord for renewal of the RAD HAP Contract not later than ninety (90) days prior to the expiration of the RAD HAP Contract or any extension thereof, and (c) accept renewal of the RAD HAP Contract; and failure to do so will be considered a default under this Lease; (ii) During the Term, Tenant will operate and maintain the RAD Units in accordance with the requirements of the RAD Program for so long as the RAD Use Agreement and RAD HAP Contract so require, except to the extent that any requirement may be specifically waived in writing by Landlord and/or HUD, as appropriate; and (Iii) Neither the Improvements, nor any part thereof, may be demolished other than (1) in accordance with the RAD Requirements and with prior written approval of Landlord or (2) as part of a restoration from a casualty. Notwithstanding the foregoing, prior to the Commencement Date, the Tenant agrees that Landlord shall have a continued right of entry onto the Premises for the purposes of the Landlord's continued operation of the Improvements and maintenance of the Premises during the period prior to the Commencement Date. Landlord shall, during this period, continue to operate the Improvements in the manner in which Landlord has operated them prior to the Lease Date and shall be responsible for all aspects of maintaining, leasing, operating, insuring and administering the Premises, as provided in Section 3.7 above. If, prior to the Commencement Date, the Premises is destroyed or damaged, or becomes subject to a taking by virtue of eminent domain, to any extent whatsoever, Tenant may, in its sole discretion, terminate this Lease by written notice to the Landlord, whereupon neither party hereto shall have any further rights or obligations hereunder. (d) The provisions of the Applicable Public Housing Requirements and RAD Requirements (if and as applicable), and this Section 5.1, are intended to create a covenant running with the land and, subject to the terms and benefits of the Applicable Public Housing Requirements and RAD Requirements (if and as applicable), to encumber and benefit the Premises and to bind for the Term Landlord and Tenant and each of their successors and assigns Project No. RFP-01296 12 ACTIVE 48486805v4 26 NOTICE This arbmiltalreatls b be scnetlalee far mmp ei ph, C hpm'tn9 rtia�aean�w�memeimesset t°nn rtrw arry caae.me apphaae aer:mn-rnaNmy botlyxdl review tl�einlwmalion at the pub4c hearing to rertlm a and all subsequent owners of the Premises, including, without limitation, any°mm succeeds to Tenant's interest in the Premises by foreclosure of any Permitte PZ-22-13191 Mortgage or instrument in lieu of foreclosure. 02/07/23 (e) In the event of a conflict between the Applicable Public Housing Requireme RAD Requirements and this Lease, the Applicable Public Housing Requirements and RAD Requirements (if and as applicable) shall govern. 5.2. Residential Improvements. (a) From and after the Commencement Date, Tenant shall construct the Improvements on the Land in conformance with the Plans and Specifications. Tenant shall cause the Improvements to be substantially completed and placed in service in accordance with the Governing Documents. Tenant shall construct the Improvements and make such other repairs, renovations and betterments to the Improvements as it may desire (provided that such renovations and betterments do not reduce the number of units or bedroom count at the Premises) all at its sole cost and expense, in accordance with (i) the Governing Documents and (ij) any mortgage encumbering the Tenant's leasehold estate, in a good and workmanlike manner, and in conformity with all applicable federal, state, and local laws, ordinances and regulations. Tenant shall apply for, prosecute, with reasonable diligence, procure or cause to be procured, all necessary approvals, permits, licenses or other authorizations required by applicable governmental authorities having jurisdiction over the Improvements for the construction and/or rehabilitation, development, zoning, use and occupation of the Improvements, including, without limitation, the laying out, installation, maintenance and replacing of the heating, ventilating, air conditioning, mechanical, electrical, elevator, and plumbing systems, fixtures, wires, pipes, conduits, equipment and appliances and water, gas, electric, telephone, drain and other utilities that are customary in developments of this type for use in supplying any such service to and upon the Premises. Landlord shall, without expense to Landlord absent consent therefor, cooperate with Tenant and assist Tenant in obtaining all required licenses, permits, authorizations and the like, and shall sign all papers and documents at any time needed in connection therewith, including without limitation, such instruments as may be required for the laying out, maintaining, repairing, replacing and using of such services or utilities. Any and all buildings, fixtures, improvements, trade fixtures and equipment placed in, on, or upon the Premises shall remain the sole and exclusive property of Tenant and its subtenants, notwithstanding their affixation to, annexation to, or incorporation into the Premises, until the termination of this Lease, at which time title to any such buildings, fixtures, Improvements trade fixtures and equipment that belong to Tenant shall vest in Landlord. (b) Tenant shall take no action to effectuate any material amendments, modifications or any other alterations to the Project proposals and applications, Plans and Specifications, or to increase the total number of Public Housing and/or RAD Units and/or other units, and/or other uses on the Land, unless authorized in accordance with the Governing Documents or otherwise approved by Landlord in writing and in advance. 5.3. Tenant's Obligations. ions. (a) From and after the Commencement Date, Tenant shall, at its sole cost and expense, maintain the Premises, reasonable wear and tear excepted, and make repairs, restorations, and replacements to the Improvements, including without limitation the landscaping, irrigation, heating, ventilating, air conditioning, mechanical, electrical, elevator, and plumbing Project No. RFP-01296 13 ACTIVE 48486805v4 27 NOTICE This submittal needs to schetluiee br a public hearing cc'reanre wRh timelines set forth in fhe t•It,'f Miami Ccae.The appk.de decision-rnaking boaywill systems; structural roof, walls, floors and foundations; and the fixtures and appurten ew�eto �eenn et thep o neahn9 to reneere action or a final tlecison. when needed to preserve them in good working order and condition, and regardles PZ-22-13191 the repairs, restorations, and replacements are ordinary or extraordinary, fore 02/07/23 unforeseeable, capital or non -capital, or the fault or not the fault of Tenant, its agents, em invitees, visitors, and contractors. All such repairs, restorations, and replacements will b quality and class, as elected by Tenant, either equal to or better than the original work or installations and shall be in accordance with all applicable building codes; provided, however, nothing herein contained shall obligate or hold Tenant responsible for any repairs; restorations, or replacements to the Improvements required as a result of an event, act or omission that occurred or existed prior to the Commencement Date. (b) Tenant may make any alterations, improvements, or additions to the Premises as Tenant may desire, if the alteration, improvement, or addition will not change the Permitted Use of the Premises. Tenant shall, prior to commencing any such actions, give notice to Landlord and provide Landlord with complete plans and specifications therefor. 5.4. Compliance with Law. (a) From and after the Commencement Date, Tenant shalt, at its expense, perform all its activities on the Premises in compliance, and shall cause all occupants of any portion thereof to comply, with all applicable laws (including, but not limited to, Section 255.05, Florida Statutes, Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 and 24 C.F.R. Parts 8 and 9, which prohibit discrimination against persons with disabilities in any program or activity receiving Federal Financial assistance, 24 C.F.R. § 40.4, which establishes the Uniform Federal Accessibility Standards (UFAS) as the standard design, construction, or alteration of residential structures, the Americans with Disabilities Act, and applicable Fair Housing laws and ordinances), ordinances, codes and regulations affecting the Premises or its uses, as the same may be administered by authorized governmental officials. (b) Without limitation of the foregoing, but expressly subject to the provisions of Section 5.4, Tenant agrees to fulfill the responsibilities set forth below with respect to environmental matters: (i) From and after the Commencement Date, Tenant shall operate the Premises in compliance with all Environmental Laws applicable to Tenant relative to the Premises and shall identify, secure and maintain all required governmental permits and licenses as may be necessary for the Premises. All required governmental permits and licenses issued to Tenant and associated with the Premises shall remain in effect or shall be renewed in a timely manner, and Tenant shall comply therewith and cause all third parties to comply therewith. All Hazardous Substances present, handled, generated or used on the Premises will be managed, transported and disposed of in a lawful manner. Tenant shall exercise due care and not cause or allow on or upon the Premises, or as may affect the Premises, any act which may result in the discharge of any waste or hazardous materials in violation of Environmental Laws, or otherwise damage or cause the depreciation in value to the Premises, or any part thereof due to the release of any waste or hazardous materials on or about the Premises in violation of Environmental Laws. Tenant shall not knowingly permit the Premises or any portion thereof to be a site for the use, generation, treatment, manufacture, Project No. RPP-01296 ACTIVE 48486805v4 14 W. (in, NOTICE misarbmihal—& b beschetlulee far a publich—tr�aenn�e.m emewe: setr°nh mme eityoftiapphra ble decisionh-rna"hotlynnoda storage, disposal or transportation of Hazardous Substances, aamounts as are ordinarily used, stored or generated in SimilaPZ-22-13191 otherwise knowingly permit the presence of Hazardous Substances 02/07/23 the Premises in violation of any applicable law. (ii) Tenant shall promptly provide Landlord with copies of all forms, notices and other information concerning any releases, spills or other incidents relating to Hazardous Substances or any violations of Environmental Laws at or relating to the Premises upon discovery of such releases, spills or incidents, when received by Tenant from any government agency or other third parry, or when and as supplied to any government agency or other third party. Additionally, Tenant hereby agrees to promptly notify Landlord, in writing, should an accident or incident occur in which any waste and/or hazardous materials are released or otherwise discharged on or about the Premises. 5.5. Ownership of Improvements/Surrender of Premises. From and after the Commencement Date through the end of the Term, Tenant shall be deemed to exclusively own the Improvements and the Personal Property for federal tax purposes, and Tenant alone shall be entitled to all of the tax attributes of ownership thereof, including, without limitation, the right to claim depreciation or cost recovery deductions and the right to claim the low-income housing tax credit described in Section 42 of the Internal Revenue Code, with respect to the Improvements and the Personal Property, and Tenant shall have the right to amortize capital costs and to claim any other federal tax benefits attributable to the Improvements and the Personal Property. Subject to the rights of any Permitted Leasehold Mortgagee, at the expiration or earlier termination of the Term of this Lease or any portion thereof, Tenant shall peaceably leave, quit and surrender the Premises, and the Improvements thereon (or the portion thereof so terminated), subject to the rights of tenants in possession of residential units under leases with Tenant. Upon such expiration or termination, the Premises (or portion thereof so terminated) shall become the sole property of Landlord, at no cost to Landlord, and shall be free of all liens and encumbrances and in the condition set forth in Section 5.3 (consistent with prudent and appropriate property management and maintenance during the Term) and, in the event of a casualty, to the provisions of Article VI. Tenant acknowledges and agrees that upon the expiration or sooner termination of this Lease any and all rights and interests it may have either at law or in equity to the Premises shall immediately cease. 5.6. Easements. Landlord agrees that Landlord shall not unreasonably withhold, condition or delay its consent, and shall join with Tenant from time to time during the Term in the granting of easements affecting the Premises which are for the purpose of providing utility services for the Premises, in accordance with an approved development or redevelopment plan, which easements, shall require the approval of the Board. If any monetary consideration is received by Tenant as a result of the granting of any such easement, such consideration shall be paid to Landlord. As a condition precedent to the exercise by Tenant of any of the powers granted to Tenant in this Section, Tenant shall give notice to Landlord of the action to be taken, shall certify to Landlord, that in Tenant's opinion such action will not adversely affect either the market value of the Premises or the use of the Premises for the Development. Project No. RFP-01296 ACTIVE 48486805v4 15 29 NOTICE mis s�bminel news m ennea�me mr a P�bu� neahn9 in ccord, w timelines set forth in the Clty of Miami CWa .The appk.de decision -making i WY.11 5.7. Transfer; Conveyance, Assignment. ewe to -nd.., nn [d ran neera action or a final tlecison. PZ-22-13191 (a) Except as otherwise permitted hereunder, Tenant agrees for its,02/07/23 successors and assigns in interest hereunder that it will not (1) assign this Lease or a rights under this Lease as to all or any portion of the Premises generally, or (2) make or pe any voluntary or involuntary total or partial sale, lease, assignment, conveyance, mortgage, pledge, encumbrance or other transfer of any or all of the Premises, or the Improvements, or the occupancy and use thereof, other than in accordance with the Applicable Public Housing Requirements and RAD Requirements (if and as applicable) and this Lease (including, but not limited to (i) any sale at foreclosure or by the execution of any judgment of any or all of Tenant's rights hereunder, or (ii) any transfer by operation of law), without first obtaining Landlord's express written consent thereto, which shall not be unreasonably withheld, conditioned or delayed. (b) Tenant shall have the right to sublease any part of the Premises or to partially assign this Lease with respect to any part of the Premises (in either case, referred to herein as a Sublease) to an entity that is a Qualified Assignee, subject to the approval and consent of Landlord, which will not be unreasonably withheld, conditioned or delayed. The sublease agreement shall be in the form attached hereto and made part hereof as Exhibit D to this Lease. No Sublease shall relieve Tenant of any obligations under the terms of this Lease unless a release is granted by Landlord with respect to the portion of the Premises so subleased or assigned. Additionally, each Sublease must be for a use compatible with the Permitted Use. Tenant must give written notice to Landlord specifying the name and address of any Sublessee to which all notices required by this Lease shall be sent, and a copy of the Sublease. Tenant shall provide Landlord with copies of all Subleases entered into by Tenant. Landlord agrees to grant non - disturbance agreements for any Sublessee which will provide that in the event of a termination of this Lease due to an Event of Default committed by the Tenant, such Sublessee will not be disturbed and will be allowed to continue peacefully in possession directly under this Lease as the successor tenant, provided that the Sublessee shall be in compliance with the terms and conditions of its Sublease; and the Sublessee shall agree to attorn to Landlord. Landlord further agrees that it will grant such assurances to such Sublessee so long as it remains in compliance with the terms of its Sublease, and provided further that any such Sublease does not extend beyond the expiration of the Term of this Lease. (c) Upon the request of Tenant, Landlord and Tenant agree to modify this Lease so as to create a direct lease between Landlord and the Sublessee, for the subleased or assigned portion of the Premises. Upon such request, Landlord and Tenant will enter into (i) a bifurcation agreement to be negotiated between Tenant and Landlord at a later date pursuant to which this Lease shall be (x) bifurcated into two (2) leases, (y) terminated with respect to the bifurcated portion of the Premises, and (z) amended to equitable and proportionately adjust Rent and the other economic terms of this Lease to reflect the termination of this Lease with respect to such bifurcated portion of the Premises, and (ii) a new lease in the same form as this Lease with respect to the bifurcated portion of the Premises (with Rent and the other economic terms of this Lease equitably adjusted to reflect the lease of such bifurcated portion of the Premises only). In the event of a bifurcation of this Lease hereunder, this Lease and the bifurcated lease shall be separate and independent leases that are not cross -defaulted, and Tenant shall have no further obligations with respect to the bifurcated portion of the Premises, anything herein to the contrary notwithstanding. Project No. RFP-01296 ACTIVE 48486605v4 16 30 NOTICE I& This su bmittal needs1 schetluiee tar a publicnearing in cco,da wM time lines set forth in the Clty of Miami Ccae.The applicade decision -making boaywill 5.8. Creating Sustainable Buildings. ew�einto�adon atthep bk fi,,[d hngmrendera me mendati the anna h—iison. �PZ-22-13191 (a) Tenant shall design the Development to be consistent withN02/07/23 certification rating from the U.S. Green Building Council's Leadership in Ene , Environmental Design (LEED) or National Green Building Standards (NGBS), but shall not required to obtain a Silver certification rating from LEED or NGBS relative to the Development. Alternatively, standards equivalent to the LEED or NGBS, as adopted by the City of Miami, may apply in satisfaction of the foregoing, including but not limited to those administered by the Florida Housing Finance Corporation. Though Tenant's goal is to obtain a certification rating in accordance with this provision, if Tenant does not obtain such certification rating, provided it has used its commercially reasonable efforts to do so, Tenant shall not be in default under this Lease and Landlord shall have no right to enforce the terms of this Section 5.8 or exercise any remedies relative to such absence of a certification rating. (b) The LEED Silver certification or designation relative to the Development is outlined by the U.S. Green Building Council. Tenant agrees to regularly provide Landlord with copies of any and all records and/or reports (including but not limited to any approvals, rejections and/or comments) from the neutral and independent third -party reviewing the Development relative to the LEED Silver designation from the U.S. Green Building Council or certification from the NGBS or, alternatively, with respect to the standards equivalent to the LEED or NGBS adopted by the City of Miami (if applicable). As noted earlier in this Section 5.8, the Development may not necessarily be constructed in a manner so as to achieve a Silver certification rating from LEED or certification from NGBS or meeting the alternative standards described above. (c) Further, the LEED Silver certification or designation or NGBS certification or alternative standards adopted by the City of Miami is a description or label designed to establish the level of energy efficiency and sustainability for the Improvements in the overall Development; and should substantially improve the "normal" or "regular" energy efficiency and indoor air quality for the overall Development. Beyond these environmentally responsible steps, Tenant specifically agrees to consider additional steps or means to improve and/or protect the environment with regard to the Development, and to inform Landlord of any and all such additional methods or ways that Tenant will utilize "green building standards" in the design and construction of the overall Development in an effort to achieve the important goals of creating a healthy place to work as well as an environmentally responsible development in the community. Tenant's decision whether to incorporate or adopt any such additional steps or means shall be made in Tenant's sole and absolute discretion. ARTICLE VI CASUALTY AND TAKING 6.1. Casualty. In the event the Premises should be destroyed or damaged by fire, windstorm, or other casualty to the extent that the Premises is rendered unfit for the intended purpose of Tenant, Tenant may cancel this Lease after thirty (30) days' notice to Landlord, but only after removing any trash and/or debris therefrom, subject to the terms and provisions of any Permitted Leasehold Mortgage. If the Premises is partially damaged due to any other reason than the causes described immediately above, but the Premises is not rendered unusable for Tenant's purposes, subject to the terms and provisions of any Permitted Leasehold Mortgage, the same shall be repaired by Tenant to the extent Tenant receives sufficient proceeds to complete such Project No. RFP-01296 ACTIVE 48486805v4 17 31 NOTICE This su b'M'I needs to sched' dbr a pu bl'healing a:ordanre whh timelines set forth in the Clty of Miami CWd .The appk.de decision-rna king bodywill reviewU intone— at the pubc hearing to renders repairs from its insurance carrier Lander its insurance policy. Any such repairs will recr rnmendatirn or a final d--, within a reasonable time after receipt of such proceeds. If the damage to the Prem PZ-22-13191 so extensive as to render it unusable for Tenant's purposes but shall nonetheless be 02/07/23 being repaired within One Hundred Twenty (120) days, subject to the terms and provisio Permitted Leasehold Mortgagee, the damage shall be repaired with due diligence by Tenan the extent Tenant receives sufficient proceeds under its insurance policy to complete such repairs. In the event that a nearby structure(s) or improvement(s) is damaged or destroyed due to Tenant's negligence, Tenant shall be solely liable and responsible to repair and/or compensate the owner for such damage or loss. Notwithstanding anything contained in this Section 6.1, or otherwise in this Lease to the contrary, as long as the Tenant's leasehold interest is encumbered by any Permitted Leasehold Mortgage, this Lease shall not be terminated by Landlord or Tenant without the prior written consent of the Permitted Leasehold Mortgagee in the event that the Premises is partially or totally destroyed, and, in the event of such partial or total destruction, all insurance proceeds from casualty insurance as provided herein shall be paid to and held by the Permitted Leasehold Mortgagee, or an insurance trustee selected by the Permitted Leasehold Mortgagee, to be used for the purpose of restoration or repair of the Premises, subject to the terms of the Permitted Leasehold Mortgage or other loan documents between Tenant and the Permitted Leasehold Mortgagee. Permitted Leasehold Mortgagee shall have the right to participate in adjustment of losses as to casualty insurance proceeds and any settlement discussion relating to casualty or condemnation. 6.2. Taking. (a) Notice of Taking. Upon receipt by either Landlord or Tenant of any notice of Taking, or the institution of any proceedings for Taking the Premises, or any portion thereof, the party receiving such notice shall promptly give notice thereof to the other, and such other party may also appear in such proceeding and may be represented by an attorney. (b) Award. Subject to the rights of the Permitted Leasehold Mortgagees, the Landlord and the Tenant agree that, in the event of a Taking that does not result in the termination of this Lease pursuant to Section 6.2(c) or 6.2(d), this Lease shall continue in effect as to the remainder of the Premises, and the net amounts owed or paid to the Landlord or pursuant to any agreement with any condemning authority which has been made in settlement of any proceeding relating to a Taking, less any costs and expenses incurred by the Landlord in collecting such award or payment (the Award) will be disbursed in accordance with Section 6.2(c) or 6.2(d) (as the case may be) to the Landlord and/or Tenant. The Tenant and, to the extent permitted by law, any Permitted Leasehold Mortgagee, shall have the right to participate in negotiations of and to approve any such settlement with a condemning authority (which approval shall not be unreasonably withheld). (c) Total Taking. In the event of a permanent Taking of the fee simple interest or title of the Premises, or control of the entire leasehold estate hereunder (a Total Taking), this Lease shall thereupon terminate as of the effective date of such Total Taking, without liability or further recourse to the parties, provided that each party shall remain liable for any obligations required to be performed prior to the effective date of such termination and for any other obligations under this Lease which are expressly intended to survive termination. The Taking of any portion of the Improvements, fifteen percent (15%) or more of the then existing parking area, the loss of the rights of ingress and egress as then established or the loss of rights to use the easements Project No. RFP-01296 ACTIVE 48486805v4 32 NOTICE This su bmittal needs to schea°lee Cara pu bl, hearing c Idl— whh timelinesset forth in the Clty°f Miami C°de. The appkde decision-rna king b°tly will review the nt°nn — at the pu be hearing t° render a benefitting the Premises, shall be, at Tenant's election, but not exclusively consi°rnme°da °°°raftnaldeeiA° substantial taking as would render the use of the Premises not suitable for T PZ-22-13191 Notwithstanding any provision of the Lease or by operation of law that leasehold imp 02/07/23 may be or shall become the property of Landlord at the termination of the Lease, the to building and other improvements paid for by Tenant, the loss of Tenant's leasehold estate such additional relief as may be provided by law shall be the basis of Tenant's damages against the condemning authority if a separate claim therefore is allowable under applicable law, or the basis of Tenant's damages to a portion of the total award if only one award is made. (d) Partial Taking. In the event of a permanent Taking of less than all of the Premises (a Partial Taking), if Tenant reasonably determines that the continued development, use or occupancy of the remainder of the Premises by Tenant cannot reasonably be made to be economically viable, and structurally sound, then Tenant may terminate this Lease, and the Tenant's portion of the Award shall be paid to Tenant, provided that any and all obligations of Tenant have been fully and completely complied with by Tenant as of the date of said Partial Taking. If Tenant shall not elect to terminate this Lease, Tenant shall be entitled to a reduction of Rent of such amount as shall be just and equitable. Subject to the rights of the Permitted Leasehold Mortgagees, if there is a Partial Taking and the Tenant does not terminate this Lease, the Tenant shall be entitled to receive and retain an equitable portion of the Award and shall apply such portion of the Award necessary to repair or restore the Premises or the Improvements as nearly as possible to the condition the Premises or the Improvements were in immediately prior to such Partial Taking. Subject to the rights of the Permitted Leasehold Mortgagees, if there is a Partial Taking which affects the use of the Premises after the Term hereof, the Award shall be apportioned between the Tenant and the Landlord based on the ratio of the remaining Term hereof and the remaining expected useful life of the Premises following the Term hereof. Subject to the rights of the Permitted Leasehold Mortgagees, notwithstanding any provision herein to the contrary, the Landlord shall be entitled to receive and retain any portion of the Award apportioned to the land upon which the Improvements are located. Should such award be insufficient to accomplish the restoration, such additional costs shall be paid by Tenant. Notwithstanding any provision of this Lease or by operation of law that leasehold improvements may be or shall become the property of Landlord at the termination of the Lease, the loss of any building and other Improvements paid for by Tenant and such additional relief as may be provided by law shall be the basis of Tenant's damages against the condemning authority if a separate claim therefore is allowable under applicable law, or the basis of Tenant's damages to a portion of the total award if only one award is made. (e) Resolution of Disagreements,. Should Landlord and Tenant be unable to agree as to the division of any singular award or the amount of any reduction of Rent and other charges payable by Tenant under the Lease, such dispute shall be submitted for resolution to the court exercising jurisdiction of the condemnation proceedings, each party bearing its respective costs for such determination. Landlord shall not agree to any settlement in lieu of condemnation with the condemning authority without Tenant's consent. (f) No Existing Condemnation. Landlord represents and warrants that as of the Lease Date and Commencement Date it has no actual or constructive knowledge of any proposed condemnation of any part of the Premises. In the event that subsequent to the Lease Date, but prior to the Commencement Date, a total or partial condemnation either permanent or temporary, is proposed by any competent authority, Tenant shall be under no obligation to commence or continue construction of the Improvements and Rent and other charges, if any, payable by Tenant Project No. RFP-01296 ACTIVE 48486805v4 19 33 NOTICE mis submittal needsm � Ihe&� dmra pbk healing ccordanre whh timelines set forth in the t•It, If under the Lease shall abate until such time as it can be reasonably ascertained that Miami Cede. The applicade tlecision-rnaking b°dy will review Uie intonna0on at the pubic hearing to render a recr mmendatirn°rafinal d—... shall not be so affected. In the event the Premises is so affected, Tenant shall be PZ-22-13191 rights, damages and awards pursuant to the appropriate provisions of this Lease. 02/07/23 6.3. Termination upon Non -Restoration. Following a Partial Taking, if a decision is m pursuant to this Article VI that the remaining portion of the Premises is not to be restored, and Tenant shall have determined that the continued development, use or occupancy of the remainder of the Premises by Tenant cannot be made economically viable or structurally sound, Tenant shall surrender the entire remaining portion of the Premises to Landlord and this Lease shall thereupon be terminated without liability or further recourse to the parties hereto, provided that any Rent, impositions and other amounts payable or obligations hereunder owed by Tenant to Landlord as of the date of the Partial Taking shall be paid in full. ARTICLE VII CONDITION OF PREMISES 7.1. Condition; Title. The Premises are demised and let in an "as is" condition as of the Commencement Date. The Premises are demised and let to Tenant subject to: As -Is. Notwithstanding anything to the contrary contained herein, upon Tenant taking possession of the Premises, Tenant shall be deemed to have accepted the Premises in its "as -is" and "where -is" condition, with any and all faults, and with the understanding that the Landlord has not offered any implied or expressed warranty as to the condition of the Premises and/or as to it being fit for any particular purpose; provided, however, that the foregoing shall not in any way limit, affect, modify or otherwise impact any of Landlord's representations, warranties and/or obligations contained in this Lease. Tenant shall, within thirty (30) days following the Lease Date, obtain a title commitment to insure Tenant's leasehold interest in the Premises. Tenant shall advise Landlord as to any title matters that Tenant deems objectionable and Landlord shall address same in accordance with Section 7.3, below. 7.2. No Encumbrances. _ Landlord covenants that Landlord has full right and lawful authority to enter into this Lease in accordance with the terms hereof and to grant the estate demised hereby. Landlord represents and warrants that there are no existing mortgages, deeds of trust, easements, liens, security interests, encumbrances and/or restrictions encumbering Landlord's fee interest in the Land other than the Permitted Encumbrances. Landlord's fee interest shall not hereafter be subordinated to, or made subject to, any mortgage, deed of trust, easement, lien, security interest, encumbrance and/or restriction, except for an encumbrance that expressly provides that it is and shall remain subject and subordinate at all times in lien, operation and otherwise to this Lease and to all renewals, modifications, amendments, consolidations and replacements hereof (including new leases entered into pursuant to the terms hereof and extensions). Landlord covenants that it will not encumber or lien the title of the Premises or cause or permit said title to be encumbered or liened in any manner whatsoever, and Tenant may reduce or discharge any such encumbrance or lien by payment or otherwise at any time after giving thirty (30) days' written notice thereof to Landlord. Tenant may recover or recoup all costs and expenses thereof from Landlord if the Landlord fails to discharge any such encumbrance within the said thirty (30) day period. Such recovery or recoupment may, in addition to all other remedies, be made by setting off against the amount of Rent payable by Tenant hereunder. Landlord and Tenant agree to work cooperatively together to create such easements and rights Project No, RFP-01296 ACTIVE 484868054 20 34 ",-f" NOTICE bmittal needs to � scheduled far a public hearing cordanre whh timelinesset forth inthe Clty °f (M_� Code. The applicade tlecision-rna king body will of way as may be necessary or appropriate for the use of the Premises and the d�ornrnend-, U inform— at the pubic hearing t. render. ,,fineldecison. the Project thereon. PZ-22-13191 02/07/23 7.3. Landlord's Title and Quiet Enjoyment. Landlord represents and warrants that La seized in fee simple title to the Premises, free and clear and unencumbered, other than as affe by the Permitted Encumbrances. Landlord covenants that, so long as Tenant pays rent and performs the covenants herein contained on its part to be paid and performed, Tenant will have lawful, quiet and peaceful possession and occupancy of the Premises and all other rights and benefits accruing to Tenant under the Lease throughout the Term, without hindrance or molestation by or on the part of Landlord or anyone claiming through Landlord. So long as Tenant is not in default hereunder beyond any notice and grace period applicable thereto, Tenant's possession of the Premises will not be disturbed by Landlord, its successors and assigns. Landlord further represents and warrants that it has good right, full power and lawful authority to enter into this Lease. Tenant shall have the right to order a title insurance commitment for the Premises. In the event the title insurance commitment shall reflect encumbrances or other conditions not acceptable to Tenant (Defects), then Landlord, upon notification of the Defects, shall immediately and diligently proceed to cure same and shall have a reasonable time within which to cure the Defects. If, after the exercise of all reasonable diligence, Landlord is unable to clear the Defects, then Tenant may accept the Defects or Tenant may terminate the Lease and the parties shall be released from further liability hereunder. Notwithstanding Section 7.3 above, Landlord and its agents, upon reasonable prior notice to Tenant, shall have the right to enter the Premises for purposes of reasonable inspections performed during reasonable business hours in order to assure compliance by Tenant with its obligations under this Lease. ARTICLE Vlll DEFAULTS AND TERMINATION 8.1. Default. The occurrence of any of the following events shall constitute an event of default (Event of Default) hereunder: (a) if Tenant fails to pay when due any Rent or other impositions due hereunder pursuant to Article III and any such default shall continue for thirty (30) days after the receipt of written notice thereof by Tenant from Landlord (except where such failure is addressed by another event described in this Section 8.1 as to which lesser notice and grace periods are provided); or (b) if Tenant fails in any material respect to observe or perform any covenant, condition, agreement or obligation hereunder not addressed by any other event described in this Section 8.1, and shall fail to cure, correct or remedy such failure within thirty (30) days after the receipt of written notice thereof, unless such failure cannot be cured by the payment of money and cannot with due diligence be cured within a period of thirty (30) days, in which case such failure shall not be deemed to continue if Tenant proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof within a reasonable period of time; provided, however, that for such time as Landlord or its affiliate is the management agent retained by Tenant, Tenant shall not be in default hereunder due to actions or inactions taken by Landlord or its affiliate in its capacity as the management agent, which impede Tenant's ability to cure such default; or Project No. RFP-01296 ACTIVE 48486805v4 21 35 aG SY OF'� Y `\ \` •• d<O�l�r NOTICE This submittal needs b-`hA &led bra pu bL hearing ccornanre wM tm''es set forth in the Clty °f Miami Ccde.The applicade decision-rnaking b°tlywill review Uie intonna0°n at the pubic nearing t° render a (c) If any representation or warranty of Tenant set forth in this Lease, in re °mme°da °°°raftnaldeeiA°°. delivered pursuant hereto, or in any notice, certificate, demand, submittal or request PZ-22-13191 Landlord by Tenant pursuant to this Lease shall prove to be incorrect in any material a 02/07/23 respect as of the time when the same shall have been made and the same shall not ha remedied to the reasonable satisfaction of Landlord within thirty (30) days after notice r Landlord; or (d) if Tenant shall be adjudicated bankrupt or be declared insolvent under the Federal Bankruptcy Code or any other federal or state law (as now or hereafter in effect) relating to bankruptcy, insolvency, reorganization, winding -up or adjustment of debts (collectively called Bankruptcy Laws), or if Tenant shall (a) apply for or consent to the appointment of, or the taking of possession by, any receiver, custodian, trustee, United States Trustee or Tenant or liquidator (or other similar official) of Tenant or of any substantial portion of Tenant's property; (b) admit in writing its inability to pay its debts generally as they become due; (c) make a general assignment for the benefit of its creditors; (d) file a petition commencing a voluntary case under or seeking to take advantage of a Bankruptcy Law; or (e) fail to controvert in a timely and appropriate manner, or in writing acquiesce to, any petition commencing an involuntary case against Tenant pursuant to any bankruptcy law; or (e) if an order for relief against Tenant shall be entered in any involuntary case under the Federal Bankruptcy Code or any similar order against Tenant shall be entered pursuant to any other Bankruptcy Law, or if a petition commencing an involuntary case against Tenant or proposing the reorganization of Tenant under the Federal Bankruptcy Code shall be filed in and approved by any court of competent jurisdiction and not be discharged or denied within ninety (90) days after such filing, or if a proceeding or case shall be commenced in any court of competent jurisdiction seeking (a) the liquidation, reorganization, dissolution, winding -up or adjustment of debts of Tenant, (b) the appointment of a receiver, custodian, trustee, United States Trustee or liquidator (or other similar official of Tenant) of any substantial portion of Tenant's property, or (c) any similar relief as to Tenant pursuant to Bankruptcy Law, and any such proceeding or case shall continue undismissed, or any order, judgment or decree approving or ordering any of the foregoing shall be entered and continued unstayed and in effect for ninety (90) days; or (f) Following the Commencement Date, Tenant vacates or abandons the Premises or any substantial part thereof for a period of more than thirty (30) consecutive days (or, if applicable, such longer period as may be permitted in accordance with Section 6.1 or 6.2); or (g) This Lease, the Premises or any part thereof are taken upon execution or by other process of law directed against Tenant, or are taken upon or subjected to any attachment by any creditor of Tenant or claimant against Tenant, and such attachment is not stayed or discharged within ninety (90) days after its levy; or (h) Tenant makes any sale, conveyance, assignment or transfer in violation of this Lease. Notwithstanding anything to the contrary in this Lease, an Event of Default shall not be deemed to have occurred and Tenant shall not be deemed in default under this Lease if HUD fails to pay to Landlord the subsidies contemplated herein or if Landlord fails to pay the'subsidies to Tenant pursuant to the RA❑ HAP Contract, or to meet Landlord's other obligations under this Lease. In the event HUD fails to pay to Landlord the subsidies contemplated herein, then Landlord at its Project No. RFP-01296 22 ACTIVE 46466806V4 36 NOTICE This submittal needs.. sche&u d far a public hearing ccordanre whh timelines set forth in the Qty of Miami Ccde.The applicade decision-rnaking b°tly will sole discretion will (i) re -negotiate the terms of this Lease with the Tenant or (ii) use review Uie inform — at the pubs hearing t° render a °mme°°—n°rafinaldecis°°. for redevelopment of the Premises, subject to the approval of the Board.. Pz-22-13191 / 02/07/23 &2. Remedies for Tenant's Default. upon or afterthe occurrence of any Event of DefaMRA is not cured within any applicable cure period, and so long as same remains uncured, Lan may terminate this Lease by providing not less than thirty (30) days' written notice (which notice may be contemporaneous with any notice provided under Section 8.1) to Tenant, setting forth Tenant's uncured, continuing default and Landlord's intent to exercise its rights to terminate, whereupon this Lease shall terminate on the termination date therein set forth unless Tenant's default has been cured before such termination date. Upon such termination, Tenant's interest in the Premises shall automatically revert to Landlord, Tenant shall promptly quit and surrender the Premises to Landlord, without cost to Landlord, and Landlord may, without demand and further notice, reenter and take possession of the Premises, or any part thereof, and repossess the same as Landlord's former estate by summary proceedings, ejectment or otherwise without being deemed guilty of any manner of trespass and without prejudice to any remedies which Landlord might otherwise have for arrearages of Rent or other impositions hereunder orfor a prior breach of the provisions of this Lease. The obligations of Tenant under this Lease which arose prior to termination shall survive such termination. In lieu of termination of the Lease, Landlord may at its sole option and in its sole discretion choose to petition a court of competent jurisdiction for the appointment of a receiver for the purpose of (1) taking any and all remedial measures needed to remediate any conditions that are directly related to Tenant's default and (2) to take other measures to assure any project component or the overall project(s) are operating in a sound management and financial condition meeting the needs and requirements of the households being assisted directly or under the auspices of Landlord. Tenant shall have no responsibility or liability for any remedial measures taken pursuant to this provision by Landlord or any other third party not affiliated with Tenant. 8.3. Termination by Landlord. In addition to the Events of Default described in Section 8.1 above, the occurrence of any of the following shall also give Landlord the right to terminate this Lease by providing not less than thirty (30) days' written notice to Tenant setting forth Landlord's intent to exercise its right to terminate this Lease. (a) Tenant fails to cause the Commencement Date to occur, within eleven (11) months following the Lease Date. (b) Tenant and Landlord fail to obtain final approval by the Board of any amendments to this Lease necessary to achieve the Commencement Date within eleven (11) months following the Lease Date (or such later date as may be mutually agreed to by the parties), which shall be within the Board's sole discretion, except as otherwise provided herein. (c) Institution of proceedings in voluntary bankruptcy by the Tenant. (d) Institution of proceedings in involuntary bankruptcy against the Tenant if such proceedings continue for a period of ninety (90) days or more. (e) Assignment of this Lease by Tenant for the benefit of creditors. (f) A final determination of termination of this Lease in a court of law in favor of the Landlord in litigation instituted by the Tenant against the Landlord, or }wrought by the Landlord against Tenant. Project No. RFP-01296 ACTIVE 484868054 23 37 NOTICE mis:bminal news m be enneame mr a Pbuneahng ccoreanre wRh timelines set forth in the Clty of Miami Cede. The applicade decision -making belly will rewewU inform— at the pubc hearing t. renders (g) Tenant's failure to cure, within thirty (30) days following Tenant's rec —mend— or afinald--, notice from Landlord, a condition posing a threat to health or safety of the public o PZ-22-13191 such longer period if the default is not capable of being cured in such 30 day period). 02/07/23 8.4. Remedies Following Termination. Upon termination of this Lease, Landlord may. (a) retain, at the time of such termination, any Rent or other impositions paid hereunder, without any deduction, offset or recoupment whatsoever; and (b) enforce its rights under any bond outstanding at the time of such termination; and (c) require Tenant to deliver to Landlord, or otherwise effectively transfer to Landlord any and all governmental approvals and permits, and any and all rights of possession, ownership or control Tenant may have in and to, any and all financing arrangements, plans, specifications, and other technical documents or materials related to the Premises. 8.5. Regulatory Default. Notwithstanding anything herein to the contrary, the terms of this Section shall apply to any default declared as a result of any failure by Tenant to comply with the provisions of Section 5.1. Upon a determination by Landlord that Tenant has materially breached or defaulted on any of the obligations under Section 5.1 (a Regulatory Default), Landlord shall notify Tenant of (i) the nature of the Regulatory Default, (ii) the actions required to be taken by Tenant in order to cure the Regulatory Default, and (iii) the time, (a minimum of sixty (60) days or such additional time period as may be reasonable under the circumstances), within which Tenant shall respond with reasonable evidence to Landlord that all such required actions have been taken. (a) If Tenant shall have failed to respond or take the appropriate corrective action with respect to a Regulatory Default to the reasonable satisfaction of Landlord within the applicable time period, then Landlord shall have the right to terminate the Lease or seek other legal or equitable remedies as Landlord determines in its sole discretion; provided, however, that if prior to the end of the applicable time period, Tenant seeks a declaratory judgment or other order from a court having jurisdiction that Tenant shall not have incurred a Regulatory Default, Landlord shall not terminate this Lease during the pendency of such action. (b) In addition to and not in limitation of the foregoing, if Landlord shall determine that a Regulatory Default shall have occurred by reason of a default by Tenant's management agent, and that Tenant shall have failed to respond or take corrective action to the reasonable satisfaction of Landlord within the applicable cure period, then Landlord may require Tenant to take such actions as are necessary in order to terminate the appointment of the management agent pursuant to the terms of its management agreement and to appoint a successor management agent of the Premises. In the event that Tenant fails to timely take such action to terminate the management agent and appoint a successor management agent, then Tenant's failure to act shall constitute a default under this Agreement. 8.6. Performance by Landlord. Except as otherwise expressly set forth herein, if Tenant shall fail to make any payment or perform any act required under this Lease, Landlord may (but need not) after giving not less than thirty (30) days' notice (except in case of emergencies and except where a shorter time period is specified elsewhere in this Lease) to Tenant and without waiving any default or releasing Tenant from any obligations, cure such default for the account of Tenant. Project No, RFP-01296 24 ACTIVE 48486805v4 t a�i 4 • r NOTICE This submittal needsto � sche&u d tar a public hearing ccordanre whh timelines set forth in the Clty If Miami C°de.The applicade decision -making b°dywill Tenant shall promptly pay Landlord the amount of such charges, costs and expense review the i nt°nnad°n at the pu be hearing to render a �o-ndavon°rafinaldecis°°. shall have incurred in curing such default. PZ-22-13191 02/07/23 .IC' 8.7. Costs and Damages. Tenant shall be liable to, and shall reimburse, Landlord for all actual reasonable expenditures incurred and for any and all actual damages suffere Landlord in connection with any Event of Default, collection of Rent or other impositions owed under this Lease, the remedying of any default under this Lease or any termination of this Lease, unless such termination is caused by the default of Landlord, including all costs, claims, losses, liabilities, damages and expenses (including without limitation, reasonable attorneys' fees and costs) incurred by Landlord as a result thereof. 8.8. Remedies Cumulative. The absence in this Lease of any enumeration of events of default by Landlord or remedies of either party with respect to money damages or specific performance shall not constitute a waiver by either party of its right to assert any claim or remedy available to it under law or in equity. 8.9. Permitted Leasehold Mortgages. Neither the Tenant nor any permitted successor in interest to the Premises or any part thereof shall, without the prior written consent of the Landlord in each instance, engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Premises, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Premises, except for the Permitted Encumbrances and the leasehold mortgages securing the loans which will be obtained by Tenant for renovation, redevelopment and/or construction of the Improvements and closed on or about the Commencement Date (the Permitted Leasehold Mortgages). With respect to the Permitted Leasehold Mortgages, the following provisions shall apply: (a) When giving notice to the Tenant with respect to any default under the provisions of this Lease, the Landlord will also send a copy of such notice to the holder of each Permitted Leasehold Mortgage (each a Permitted Leasehold Mortgagee), provided that each such Permitted Leasehold Mortgagee shall have delivered to the Landlord in writing a notice naming itself as the holder of a Permitted Leasehold Mortgage and registering the name and post office address to which all notices and other communications to it may be addressed. (b) Each Permitted Leasehold Mortgagee shall be permitted, but not obligated, to cure any default by the Tenant under this Lease within the same period of time specified for the Tenant to cure such default. The Tenant authorizes each Permitted Leasehold Mortgagee to take any such action at such Permitted Leasehold Mortgagee's option and does hereby authorize entry upon the Premises for such purpose. (c) The Landlord agrees to accept payment or performance by any Permitted Leasehold Mortgagee as though the same had been done by the Tenant. (d) In the case of a default by the Tenant other than in the payment of money, and provided that a Permitted Leasehold Mortgagee has commenced to cure the default and is proceeding with due diligence to cure the default, the Landlord will refrain from terminating this Lease for a reasonable period of time (not to exceed 120 days from the date of the notice of default, unless (i) such cure cannot reasonably be completed within 120 days from the date of the notice of default, and (ii) if the default is curable without possession of the Premises, a Permitted Leasehold Mortgagee continues to diligently pursue such cure to the reasonable satisfaction of the Landlord) within which time the Permitted Leasehold Mortgagee may either (x) obtain Project No. RFP-01296 25 ACTIVE 48486805v4 39 NOTICE mis:bminal news m enneame mr a Pbuneahn9 ccoreanre wRh timelines set forth in the Clt, of Miami Cede. The applicade decision -making body will possession of the Premises (including possession b receiver); institut �ew�e to �aenn at the fi neahn9 to renders p ( J p y ); (y) datirnora nal decisr,. proceedings and complete such foreclosure; or (z) otherwise acquire the Tenant's 1 PZ-22-13191 this Lease. The Permitted Leasehold Mortgagee shall not be required to eon ' 02/07/23 possession or continue such foreclosure proceedings if the default which was the subj notice shall have been cured. Notwithstanding the foregoing, the Landlord will refrain terminating this Lease in the event such Permitted Leasehold Mortgagee is enjoined or stayed in such possession or such foreclosure proceedings, and provided that the Permitted Leasehold Mortgagee has delivered to Landlord copies of any and all orders enjoining or staying such action, Landlord will grant such Permitted Leasehold Mortgagee such additional time as is required for such Permitted Leasehold Mortgagee to complete steps to acquire or sell Tenant's leasehold estate and interest in this Lease by foreclosure of its Permitted Leasehold Mortgage or by other appropriate means with due diligence; however, nothing in this Section shall be construed to extend this Lease beyond the Term. (e) Any Permitted Leasehold Mortgagee or other acquirer of Tenant's leasehold estate and interest in this Lease pursuant to foreclosure, an assignment in lieu of foreclosure or other proceedings, any of which are permitted without the Landlord's consent, may, upon acquiring the Tenant's leasehold estate and interest in this Lease, without further consent of the Landlord and without HUD's consent, unless otherwise required by Applicable Public Housing Requirements or RAD Requirements (if and as applicable), sell and assign the leasehold estate and interest in this Lease on such terms and to such persons and organizations as are acceptable to such Permitted Leasehold Mortgagee or acquirer and thereafter be relieved of all obligations under this Lease, provided such assignee has delivered to the Landlord its written agreement to be bound by all of the provisions of this Lease. Permitted Leasehold Mortgagee, or its nominee or designee, shall also have the right to further assign, sublease or sublet all or any part of the leasehold interest hereunder to a third party without the consent or approval of Landlord. (f) In the event of a termination of this Lease prior to its stated expiration date, the Landlord will enter into a new lease for the Premises with the Permitted Leasehold Mortgagee (or its nominee), for the remainder of the Term, effective as of the date of such termination, at the same Rent payment and subject to the same covenants and agreements, terms, provisions, and limitations herein contained, provided that: (i) The Landlord receives the Permitted Leasehold Mortgagee's written request for such new lease within 30 days from the date of such termination and notice thereof by the Landlord to the Permitted Leasehold Mortgagee (including an itemization of amounts then due and owing to the Landlord under this Lease), and such written request from the Permitted Leasehold Mortgagee to Landlord is accompanied by payment to the Landlord of all amounts then due and owing to Landlord under this Lease, less the net income collected by the Landlord from the Premises subsequent to the date of termination of this Lease and prior to the execution and delivery of the new lease, any excess of such net income over the aforesaid sums and expenses to be applied in payment of the Rent payment thereafter becoming due under the new lease; provided, however, that the Permitted Leasehold Mortgagee shall receive full credit for all capitalized lease and Rent payments previously delivered by the Tenant to the Landlord; (ii) Within 10 days after the delivery of an accounting therefor by the Landlord, Permitted Leasehold Mortgagee pays any and all costs and expenses incurred by the Landlord in connection with the execution and delivery of the new lease; Project No. RFP-01296 26 ACTIVE 48486805v4 NOTICE This submittal needs to sche& led tar a pu bk hearing ccord ante whh timelines set forth in the Qty °f Miami C°de.The appk.de decision -making b°dywill renew the int°nn — at the pubs hearing t° render a (iii) Upon the execution and delivery of the new lease at the ti°nme°°°°°raftnaldeeiA° made in (1) and (2) above, all subleases which thereafter may have been a PZ-22-13191 transferred to the Landlord shall thereupon be assigned and transferred witho o2Io7I23 by the Landlord to the Permitted Leasehold Mortgagee (or its nominee), as "Tenant"; and (iv) If a Permitted Leasehold Mortgagee acquires the leasehold estate created hereunder or otherwise acquires possession of the Premises pursuant to available legal remedies, Landlord will look to such holder to perform the obligations of Tenant hereunder only from and after the date of foreclosure or possession and will not hold such holder responsible for the past actions or inactions of the prior Tenant. Permitted Leasehold Mortgagee's liability shall be limited to the value of such Permitted Leasehold Mortgagee's interest in this Lease and in the leasehold estate created thereby. Notwithstanding the foregoing and to the extent permitted by Section 42 of the Internal Revenue Tax Code, any deadline to complete construction of the Improvements set forth in this Lease shall be extended for such period of time as may be reasonably required by the Permitted Leasehold Mortgagee or its nominee to complete construction. ARTICLE IX SOVEREIGNTY AND POLICE POWERS 9.1. County as Sovereign. It is expressly understood that notwithstanding any provision of this Lease and the Landlord's status thereunder: (a) The Landlord retains all of its sovereign prerogatives and rights as a county under Florida laws and shall in no way be estopped from withholding or refusing to issue any approvals of applications for tax exemption, building, zoning, planning or development under present or future laws and regulations of whatever nature applicable to the planning, design, construction and development of the Premises or the operation thereof, or be liable for the same; and (b) The Landlord shall not by virtue of this Lease be obligated to grant the Tenant any approvals of applications for tax emption, building, zoning, planning or development under present or future laws and ordinances of whatever nature applicable to the planning, design, construction, development and/or operation of the Premises. 9.2. No Liabilfty for Exercise of Police Power. Notwithstanding and prevailing over any contrary provision in this Lease, or any Landlord covenant or obligation that may be contained in this Lease, or any implied or perceived duty or obligation including but not limited to the following: (a) To cooperate with, or provide good faith, diligent, reasonable or other similar efforts to assist the Tenant, regardless of the purpose required for such cooperation; (b) To execute documents or give approvals, regardless of the purpose required for such execution or approvals; (c) To apply for or assist the Tenant in applying for any county, city or third party permit or needed approval; or Project No. RFP-01296 ACTIVE 48486805v4 27 c aG SY OF'� Y `\ NOTICE This submittal needs to be schetlulee tar a public hearing ccorhanre whh timelines set forth in the Clty of Miami Ccde.The applicade decision-rnaking body will (d) To contest, defend against, or assist the Tenant in contesting or def �ew�e to mae,dz ,e pu i,Lc heahngtr renhera dati on or a final tlecisot any challenge of any nature; PZ-22-13191 02/07/23 .I[' shall not bind the Board of County Commissioners, the Planning and Zoning Departmen lth% the Property Appraiser or any other county, city, federal or state department or committee or agency to grant or leave in effect any tax exemptions, zoning changes, variances, permits, waivers, contract amendments, or any other approvals that may be granted, withheld or revoked in the discretion of the Landlord or any other applicable governmental agencies in the exercise of its police power; and the Landlord shall be released and held harmless, by the Tenant from and against any liability, responsibility, claims, consequential or other damages, or losses to the Tenant or to any third parties resulting from denial, withholding or revocation (in whole or in part) of any zoning or other changes, variances, permits, waivers, amendments, or approvals of any kind or nature whatsoever. Without limiting the foregoing, the parties recognize that the approval of any building permit and/or certificate of occupancy or tax exemption by Landlord in its capacity as a governmental authority will require the Landlord to exercise its quasi-judicial or police powers. Notwithstanding any other provision of this Lease, the Landlord, in its capacity as a governmental authority exercising police powers, shall have no obligation to approve, in whole or in part, any application for any type of tax exemption, permit, license, zoning or any other type of matter requiring government approval or waiver. The Landlord's obligation to use reasonable good faith efforts in the permitting of the use of County -owned property shall not extend to any exercise of quasi-judicial or police powers, and shall be limited solely to the contractual obligations of Landlord in its capacity as the fee owner of the Land and contract party to this Lease or ministerial actions, including the timely acceptance and processing of any requests or inquiries by Tenant as authorized by this Lease. Moreover, in no event shall a failure of the Landlord to adopt any of the Tenant's request or application for any type of permit, license, zoning or any other type of matter requiring government approval or waiver in the exercise of police powers be construed a breach or default of this Lease. 9.3. Support For Entitlements. Notwithstanding anything contained in this Article IX to the contrary, recognizing the public and private benefits afforded by the Project, Landlord agrees, as the fee simple owner of the Land, to cooperate with Tenant in obtaining the Entitlements, provided that Tenant shall be solely responsible for all costs incurred in connection with the Entitlements. Provided that the Entitlements and Project are consistent with Tenant's response to the RFP, Landlord's cooperation shall include, without limitation, (i) joining in and submitting applications and other required documentation for the Entitlements to the applicable governmental authority with jurisdiction over the Premises, (ii) granting and/or joining in any plat, covenants in lieu of unity of title, permit, authorization, approval, temporary or permanent easements, restrictive covenants, easement vacations or modifications, and such other applications or documents, as may be necessary or desirable for Tenant to develop the Premises with the Project and use the Premises for the Permitted Use, (iii) supporting the Entitlements, redevelopment of the Land and development of the Project through periodic written and in person appearances public meetings and hearings, including periodically speaking in support of same, and (iv) obtaining any required approvals from the Board. Project No. RFP-01296 ACTIVE 48486805v4 V 1-1:41[@]4 W:1 NOTICE This submittal needsto che&u d tar a public hearing ccordanre whh timelines set forth in the Clty of Miami Ccde. The applica de decision-rnaking bodywill renew Uiei Manna at the pu be hearing to renders recornmenda ,or a fin, l decison. PZ-22-13191 PUBLIC RECORDS ACT IV 02/07/23 10.1 As it relates to this Lease and any subsequent agreements and other documents related to the Development, Tenant and any of its subsidiaries, pursuant to Section 119.0701, Florida Statutes, shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by Landlord in order to perform the service; (b) Upon request of from Landlord's custodian of public records identified herein, provide the public with access to public records on the same terms and conditions that Landlord would provide the records and at a cost that does not exceed the cost provided in the Florida Public Records Act, Miami -Dade County Administrative Order No. 4-48, or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Lease's term and following completion of the work under this Lease if Tenant does not transfer the records to Landlord; and (d) Meet all requirements for retaining public records and transfer to Landlord, at no cost to Landlord, all public records created, received, maintained and/or directly related to the performance of this Lease that are in possession of Tenant upon termination of this Lease. Upon termination of this Lease, Tenant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Landlord in a format that is compatible with the information technology systems of Landlord. For purposes of this Article X, the term "public records"' shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of Landlord. In the event Tenant does not comply with the public records disclosure requirements set forth in Section 119.0701, Florida Statutes, and this Article X, Landlord shall avail itself of the remedies set forth in Section 8.2 of this Lease. Project No. RFP-01296 ACTIVE 484868054 29 W IF TENANT HAS QUESTIONS REGARDING THE APPLICATION OF CFO FLORIDA STATUTES, TO TENANT'S DUTY TO PROVIDE PUBLIC RECORDS TO THIS LEASE, PLEASE CONTACT LANDLORD'S CUSTODIAN OF PUBLIC AT: Miami -Dade County Miami -Dade Public Housing and Community Development 701 NW 1st Court, 16t" Floor Miami, Florida 33136 Attention: Lizette Capote Email: LCAPOTECEDmiamidade.gov ARTICLE XI RIGHT OF FIRST OFFER: RIGHT OF FIRST REFUSAL o�l�r NOTICE This submittal needsfo che&u d tar a public hearing a:orda whh timelines set forth inthe t•Ity of Miami me . The applic, dedacisi_makingbodywill renewthei Manna at the pu be hearing t. renders memends ,or a fin, I decison. �PZ-22-13191 / 02/07/23 11.1. Landlord's Intent to Market Premises. The "Right of First Refusal' and "Right of First Offer" shall be negotiated and made part of the Master Development Agreement. 11.2. Right of First Refusal. The "Right of First Refusal' and "Right of First Offer" shall be negotiated and made part of the Master Development Agreement. 11.3 Mortgagee Notice. Tenant shall provide notice to every applicable Permitted Leasehold Mortgagee as to its election to acquire the Premises pursuant to Sections 11.1 or 11.2, above. Such notice shall be delivered within five (5) days following Tenant's notice to Landlord evidencing its intent to purchase the Premises. 11.4 Mortgagee Rights. Tenant's rights with respect to any option to purchase the Premises as set forth in this Section 11 shall be assignable to and may be exercised by any Permitted Leasehold Mortgagee which succeeds in interest to the Tenant, without requiring any consent or approval by Landlord. ARTICLE XII INDEPENDENT PRIVATE INSPECTOR GENERAL_ AND MIAMI-DADE COUNTY INSPECTOR GENERAL REVIEWS 12.1. Inspector General. (a) Independent Private Inspector General Reviews: Pursuant to Miami -Dade County Administrative Order 3-20, the Landlord has the right to retain the services of an Independent Private Sector Inspector General (hereinafter IPSIG), whenever the Landlord deems it appropriate to do so. Upon written notice from the Landlord, the Tenant shall make available to the IPSIG retained by the Landlord, all requested records and documentation pertaining to this Lease for inspection and reproduction. The Landlord shall be responsible for the payment of these IPSIG services, and under no circumstance shall the Tenant incur any charges relating to these IPSIG services. The terms of this provision herein, apply to the Tenant, its officers, agents, employees, subcontractors and assignees. Nothing contained in this provision shall impair any independent right of the Landlord to conduct an audit or investigate the operations, activities and performance Project No. RFP-01296 30 ACTIVE 48486805V4 NOTICE mis:bminal news m be enneame mr a Pbuneahng ccoreanre wRh timelines set forth in the Clty If Miami Cede. The applicade decision -making b°dy will %0' at the pubs hearing to rendersof the Tenant in connection with this Lease. The terms of this Section shall not impondation°rafinal dads. on the Landlord by the Tenant or any third party. -22-13191 2/07/23 (b) Miami -Dade County Inspector General Review: According to SectionCode of Miami -Dade County, as amended by Ordinance No. 99-63, Miami-Dad established the Office of the Inspector General (Inspector GeneraI), which may, on a random basis, perform audits on all Miami -Dade County agreements, throughout the duration of said agreements, except as otherwise provided below. Nothing contained above shall in any way limit the powers of the Inspector General to perform audits on all Miami -Dade County agreements including, but not limited to, those agreements specifically exempted above. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed Landlord and Tenant contracts, transactions, accounts, records, agreements and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in conformance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to a contract. The Inspector General is empowered to retain the services of an IPSIG to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process, including but not limited to project design, specifications, proposal submittals, activities of the Tenant, its officers, agents and employees, lobbyists, Landlord staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption. Upon written notice to the Tenant from the Inspector General or IPSIG retained by the Inspector General, the Tenant shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Tenant's possession, custody or control which, in the Inspector General's or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements form and which successful and unsuccessful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back -charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. ARTICLE XIII ADDITIONAL PROVISIONS PERTAINING TO REMEDIES 13.1 Reinstatement. Notwithstanding anything to the contrary contained in the Lease, in the event Landlord exercises its remedies pursuant to Article VI I and terminates this Lease following an Event of Default, Tenant may, within 90 days following such termination reinstate this Lease for the balance of the Term by paying to Landlord an amount equal to the actual damages incurred by Landlord as a result of the breach that resulted in such termination and any actual costs or Project No. RFP-01296 ACTIVE 484666050 31 W aG SY OF'� Y `\ NOTICE This submittal needsto che&u d tar a public hearing ccordanre whh timelines set forth in the Clty of Miami Ccde.The applicade decision-rnaking body will expenses incurred by Landlord as a result of such reinstatement of this Lease, if review Ui ,manna at the pu be hearing t° renders --ndav°n°rafinaldecis°°. discretion the Landlord. Pz-22-13191 sole and absolute of 02/07/23 .I[' 13.2 Notice. Notwithstanding anything to the contrary contained in the Lease, Land not exercise any of its remedies hereunder without having given notice of the Event of Defau other breach or default to the Investor (following the admission of the Investor) simultaneously with the giving of notice to Tenant as required under the provisions of Article Vlll of the Lease. The Investor shall be given all of the same cure rights as a Permitted Leasehold Mortgagee under this Lease. If the Investor elects to cure the Event of Default or other breach or default, Landlord agrees to accept such performance as though the same had been done or performed by Tenant, in Landlord's reasonable discretion. 13.3 Investor. Notwithstanding anything to the contrary contained in the Lease, following the admission of the Investor, the Investor shall be deemed a third -party beneficiary of the provisions of this Section for the sole and exclusive purpose of entitling the Investor to exercise its rights to notice and cure, as expressly stated herein. The foregoing right of the Investor to be a third -party beneficiary under the Lease shall be the only right of Investor (express or implied) to be a third - party beneficiary hereunder. Such third party beneficiary status shall terminate in the entirety upon the exit of such investor including the acquisition of the building improvements by Landlord or Landlord's designee under a Purchase Option Agreement or Right of First Refusal Agreement to be negotiated at a later date as set forth in Article XI of this Lease. 13.4 New Manager. Notwithstanding anything to the contrary contained in the Lease, Landlord agrees that it will take no action to effect a termination of the Lease by reason of any Event of Default or any other breach or default without first giving to the Investor reasonable time, not to exceed 120 days, to replace Tenant's manager and/or admit an additional manager and cause the new manager to cure the Event of Default or other breach or default; provided, however, that as a condition of such forbearance, Landlord must receive notice from the Investor of the substitution or admission of a new manager of Tenant reasonably acceptable to Landlord within 30 days following Landlord's notice to Tenant and the Investor of the Event of Default or other breach or default, and Tenant, following such substitution or admission of the manager, shall thereupon proceed with due diligence to cure such Event of Default or other breach or default. In no event, however, shall Landlord be required to engage in the forbearance described in this section for a period longer than six (6) months, regardless of the due diligence of the Investor or the new manager. ARTICLE XIV LANDLORD'S AUTHORITY 14.1. Designation of Landlord's Representatives. The Miami -Dade County Mayor, or his or her designee, shall have the power, authority and right, on behalf of the Landlord, in its capacity as Landlord hereunder, and without any further resolution or action of the Board of County Commissioners, to: (a) Review and approve documents, plans, applications, lease assignments and requests required or allowed by Tenant to be submitted to Landlord pursuant to this Lease; Project No. RFP-01296 32 ACTIVE 48486805v4 NOTICE mis:°bminal news m e�nea°me mr a P°buy neahng ccoreanre wRh timelines set forth in the Clty If Miami CW,The appk.de tlecision-making b°ay will review Uie Manna at the pu b° hearing t° render. (b) Consent or agree to actions, events, and undertakings by Tenant or °rnme°tla °°°raftnalde1 time periods for which consent or agreement is required by Landlord, including, but PZ-22-13191 extending the date by which the Commencement Date must occur under Section 8.3) o2Io7I23 extensions of time for the performance of any obligation by Tenant hereunder; (c) Execute any and all documents on behalf of Landlord necessary or convenient to the foregoing approvals, consents, and appointments; (d) Assist Tenant with and execute on behalf of Landlord any applications or other documents, needed to comply with applicable regulatory procedures and to secure financing, Entitlements, permits or other approvals to accomplish the construction of any and all improvements in and refurbishments of the Premises, (e) Amend this Lease and any Subleases (and related recognition and non - disturbance agreements) to correct any typographical or non -material errors, to address revisions or supplements hereto of a non -material nature or to carry out the purposes of this Lease; (f) Execute Subleases with Qualified Assignees, including any amendments, extensions, and modifications thereto, and/or the lease bifurcation documents contemplated by Section 5.7; and (g) Execute recognition and non -disturbance agreements and issue estoppel statements as provided elsewhere in this Lease. ARTICLE XV HUD -REQUIRED RAD PROVISIONS 15.1. HUD -Required RAID Provisions. In addition to entering into this Lease, Landlord and Tenant also contemplate the provision of rental assistance to the Development pursuant to a RAD HAP Contract. If a RAD HAP Contract is entered into, HUD will require Landlord and Tenant to enter into a RAD Use Agreement in connection with the provision of rental assistance to the Development. Notwithstanding any other clause or provision in this Lease, upon execution of the RAID Use Agreement and for so long as the RAD Use Agreement is in effect, the following provisions shall apply: (a) This Lease shall in all respects be subordinate to the RAD Use Agreement. Subordination continues in effect with respect to any future amendment, extension, renewal, or any other modification of the RAD Use Agreement or this Lease. (b) If any of the provisions of this Lease conflict with the terms of the RAD Use Agreement, the provisions of the RAD Use Agreement shall control. (c) The provisions in this Section 15.1 are required to be inserted into this Lease by HUD and may not be amended without HUD's prior written approval. (d) Violation of the RAD Use Agreement constitutes a default of this Lease. (e) Notwithstanding any other contract, document or other arrangement, upon termination of this Lease, title to the real property leased herein shall remain vested in Landlord Project No. RFP-01296 33 ACTIVE 48486805V4 aG SY OF'� Y `\ \` •• d<O�l�r NOTICE mis:°bminal newsm � enhe&° dmra pbk heahng ccordanre whh timelines set forth in the Clty of Miami Cede. The applicade tlecision-making b°dy will and title to the buildings, fixtures, improvements, trade fixtures and equipment t°rnmendat°n°rafinalde"A°°. review Uie inform — at the pubc hearing t° render a PZ-22-13191 Tenant shall vest in Landlord. 02/07/23 (f) Neither the Tenant nor any of its partners or members shall have any aut (i) Take any action in violation of the RAD Use Agreement; or (ii) Fail to renew the RAD HAP Contract upon such terms and conditions applicable at the time of renewal when offered for renewal by the Landlord or HUD; or (iii) Except to the extent permitted by the RAD HAP Contract or the RAD Use Agreement and the normal operation of the Development (e.g., in connection with a Sublease to a Qualified Assignee), neither the Tenant nor any partners or members shall have any authority without the consent of Landlord to sell, transfer, convey, assign, mortgage, pledge, sublease, or otherwise dispose of, at any time, the Development or any part thereof. ARTICLE X1/i MISCELLANEOUS 16.1. Construction. Landlord and Tenant agree that all the provisions hereof are to be construed as covenants and agreements as though the words importing such covenants and agreements were used in each separate section thereof. 16.2. Performance Under Protest. In the event of a dispute or difference between Landlord and Tenant as to any obligation which either may assert the other is obligated to perform or do, then the party against whom such obligation is asserted shall have the right and privilege to carry out and perform the obligation so asserted against it without being considered a volunteer or deemed to have admitted the correctness of the claim, and shall have the right to bring an appropriate action at law, equity or otherwise against the other for the recovery of any sums expended in the performance thereof and in any such action, the successful party shall be entitled to recover in addition to all other recoveries such reasonable attorneys' fees as may be awarded by the court of law. 16.3. Compliance with Governinq Requirements. Notwithstanding anything to the contrary herein, Landlord and Tenant hereby agree to comply with any and all applicable HUD notice and consent requirements set forth in the Governing Documents by providing notice to HUD as required in the Governing Documents. 16.4. No Waiver. Failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said party of any of its rights hereunder. No waiver by either party at any time, express or implied, of any breach of any other provision of this Lease shall be deemed a waiver of a breach of any other provision of this Lease or a consent to any subsequent breach of the same or any other provision. If any action by either party shall require the consent or approval of the other party, the other party's consent to or approval of such action on any one occasion shall not be deemed a consent to or approval of said action on any subsequent occasion. Any and all rights and remedies which either party may have under this Lease or by operation of law, either at law or in equity, upon any breach, shall be distinct, separate and cumulative and shall not be deemed Project No. RFP-01296 ACTIVE 48486805V4 34 M. NOTICE This su bmittal needs to sched lee far a pu bl' hearing ccordanre wRh timelines set forth in the Clt, of Miami Code. The appk.de decision-rna king body will review theinf°nna at the pubc hearing t°render. inconsistent with each other; and no one of them whether exercised by said party o °rnrn°°°�°°°ra"°e'd°1 ji�t deemed to be in exclusion of any other; and two or more or all of such rights and r P02/07 3 be exercised at the same time. 02/o�/2a 16.5. Headings. The headings used for the various articles and sections of this Lease are u • only as a matter of convenience for reference, and are not to be construed as part of this lease or to be used in determining the intent of the parties of this Lease. 16.6. Partial Invalidity. If any terms, covenant, provision or condition of this Lease or the application thereof to any person or circumstances shall be declared invalid or unenforceable by the final ruling of a court of competent jurisdiction having final review, the remaining terms, covenants, provisions and conditions of this Lease and their application to persons or circumstances shall not be affected thereby and shall continue to be enforced and recognized as valid agreements of the parties, and in the place of such invalid or unenforceable provision there shall be substituted a like, but valid and enforceable, provision which comports to the findings of the aforesaid court and most nearly accomplishes the original intention of the parties. 16.7. Decision Standards. In any approval, consent or other determination by any party required under any provision of this Lease, the party shall act reasonably, in good faith and in a timely manner, unless a different standard is explicitly stated. 16.8. Bind and Inure. Unless repugnant to the context, the words Landlord and Tenant shall be construed to mean the original parties, their respective successors and assigns and those claiming through or under them respectively. The agreements and conditions in this Lease contained on the part of Tenant to be performed and observed shall be binding upon Tenant and its successors and assigns and shall inure to the benefit of Landlord and its successors and assigns, and the agreements and conditions in this Lease contained on the part of Landlord to be performed and observed shall be binding upon Landlord and its successors and assigns and shall inure to the benefit of Tenant and its successors and assigns. No holder of a mortgage of the leasehold interest hereunder shall be deemed to be the holder of said leasehold estate until such holder shall have acquired indefeasible title to said leasehold estate. 16.9. Estoppel Certificate. Each party agrees from time to time, upon no less than fifteen (15) days' prior notice from the other or from any Permitted Leasehold Mortgagee, to execute, acknowledge and deliver to the other, as the case may be, a statement certifying that (i) this Lease is unmodified and in full force and effect (or, if there have been any modifications, that the same is in full force and effect as modified and stating the modifications), (ii) the dates to which the Rent has been paid, and that no additional rent or other payments are due under this Lease (or if additional rent or other payments are due, the nature and amount of the same), and (iii) whether there exists any uncured default by the other party, or any defense, offset, or counterclaim against the other party, and, if so, the nature of such default, defense, offset or counterclaim. 16.10. Recordation. Simultaneously with the delivery of the Lease the parties have delivered a memorandum, notice or short -form of this Lease or this Lease which Tenant shall record in the appropriate office of the Public Records of Miami -Dade County. If this Lease is terminated before the Term expires, the parties shall execute, deliver and record an instrument acknowledging such fact and the date of termination of this Lease. 16.11. Notice. Any notice, request, demand, consent, approval, or other communication required or permitted under this Lease shall be in writing, may be delivered on behalf of a party by such Project No. RFP-01296 ACTIVE 48486805V4 35 I • NOTICE This submittal needsto che&u d tar a public hearing ccordanre whh timelines set forth in the Clty of Miami Ccde. The applica de decision -_king hotly will review Uiei Manna at the pu be hearing t° renders party's counsel, and shall be deemed given when received, if (i) delivered by han ree°mmendati°n°ra final decis° registered or certified mail, return receipt requested, or (iii) sent by recognized over PZ-22-13191 service such as Federal Express, addressed as follows:: 02/07/23 If to the Landlord: Miami -Dade County c/o Miami -Dade Public Housing and Community Development 701 N.W. 1st Court, 161h Floor Miami, Florida 33136 Attn.- Michael Liu, Director and a copy to: Miami -Dade County Attorney's Office 111 N.W. II Street, Suite 2810 Miami, Florida 33128 Attn: Terrence A. Smith, Esq. Assistant County Attorney and a copy to: Miami -Dade County Internal Services Department, Strategic Procurement Division Attention: Chief Procurement Officer 111 N.W. 111 Street, Suite 1375 Miami, FL 33128-1974 Phone: (305) 375-4900 E-mail: Namita.Uppal(Wmiamidade.gov If to Tenant: Rainbow Redevelopment, LLC c/o Housing Trust Group, LLC 3225 Aviation Avenue, 61 Floor Coconut Grove, Florida 33133 Attn: Matthew A. Rieger and a copy to: Greenberg Traurig, P.A. 333 SE 2nd Avenue Miami, Florida Attn. Ryan Bailine and Nancy B. Lash A party may change its address by giving written notice to the other party as specified herein_ 16.12. Entire Agreement. This instrument contains all the agreements made between the parties hereto with respect to the subject matter hereof and may not be modified in any other manner than by an instrument in writing executed by the parties or their respective successors in interest. 16.13. Amendment. This Lease may be amended by mutual agreement of Landlord and Tenant, provided that all amendments must be in writing and signed by both parties and that no amendment shall impair the obligations of Tenant to develop and operate the Premises. Tenant and Landlord hereby expressly stipulate and agree that, they will not modify this Lease in any way nor cancel or terminate this Lease by mutual agreement nor will Tenant surrender its interest in this Lease, including but not limited to pursuant to the provisions of Section 6.3, without the prior written consent of all Permitted Leasehold Mortgagees and, following the admission of the Investor, the Tenant's Investor. No amendment to or termination of this tease shall become effective without all such required consents. Tenant and Landlord further agree that they will not, Project No. RFP-01296 ACTIVE 48486805v4 36 50 NOTICE This submittal needs to schea°lee tar a pu buc hearing in ccornanre wM nmellnes set forth in the Qty °f Miami Cede. The applicade tlecision-making b°dy will resectivel ,take advantage of an°went°ma°natthep °n°ahngt° ntlera p y g y provisions of the United States Bankruptcy Co°rnmenda °°°raftnal°°°iA° result in a termination of this Lease or make it unenforceable. Pz-22-13191 02/07/23 16.14. Governinq Law. Forum, and Jurisdiction. This Lease shall be governed and con accordance with the laws of the State of Florida. Any dispute arising from this Lease or contractual relationship between the Parties shall be decided solely and exclusively by State or Federal courts located in Miami -Dade County, Florida. 16.15. Relationship of Parties; No Third Party Beneficiary. The parties hereto expressly declare that, in connection with the activities and operations contemplated by this Lease, they are neither partners nor joint venturers, nor does a principal/agent relationship exist between them. 16.16. Access. Tenant agrees to grant a right of access to the Landlord or any of its authorized representatives, with respect to any books, documents, papers, or other records related to this Lease in order to make audits, examinations, excerpts, and transcripts until 3 years after the termination date of this Lease. 16.17. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 16.18. Non -Mercier. Except upon expiration of the Term or upon termination of this Lease pursuant to an express right of termination set forth herein, there shall be no merger of either this Lease or Tenant's estate created hereunder with the fee estate of the Premises or any part thereof by reason of the fact that the same person may acquire, own or hold, directly or indirectly, (a) this Lease, Tenant's estate created hereunder or any interest in this Lease or Tenant's estate (including the Improvements), and (b) the fee estate in the Premises or any part thereof or any interest in such fee estate (including the Improvements), unless and until all persons, including any assignee of Landlord and, having an interest in (i) this Lease or Tenant's estate created hereunder, and (ii) the fee estate in the Premises or any part thereof, shall join in a written instrument effecting such merger and shall duly record the same. 16.19. Compliance with Governing Documents. Notwithstanding anything to the contrary herein, Landlord and Tenant hereby agree to comply with any and all applicable HUD notice and consent requirements set forth in the Governing Documents by providing notice to HUD as required in the Governing Documents. 16.20. Vendor Registration. The Tenant shall be a registered vendor with the County — Internal Services Department, Strategic Procurement Division, for the duration of this Agreement. In becoming a registered vendor with Miami -Dade County, the Contractor confirms its knowledge of and commitment to comply with the following: 1. Miami -Dade County Ownership Disclosure Affidavit (Section 2-8. 1 of the Code of Miami -Dade County) 2. Miami -Dade County Employment Disclosure Affidavit (Section 2.8.1(d)(2) of the Code of Miami -Dade County) 3. Miami -Dade County Employment Drug -free Workplace Project No. RFP-01296 ACTIVE 48486805v4 37 Certification (Section 2-8.1.2(b) of the Code of Miami -Dade County) 4. Miami -Dade County Disability and Nondiscrimination Affidavit (Section 2-8.1.5 of the Code of Miami -Dade County) 51 5. Miami -Dade County Debarment Disclosure Affidavit (Section 10.38 of the Code of Miami -Dade County) 6. Miami -Dade County Vendor Obligation to County Affidavit (Section 2-8.1 of the Code of Miami -bade County) 7, Miami -Dade County Code of Business Ethics Affidavit (Sections 2-8.1(t), 2-11. i(b)(1) through (6) and (9), and 2- 11. 1(c) of the Code of Miami -Dade County) 11. Miami -Dade County E-Verify Affidavit (Executive Order 11-116) 12. Miami -Dade County Pay Parity Affidavit (Resolution R 1072-17) 13. Miami -Dade County Suspected Workers' Compensation Fraud Affidavit (Resolution R-919-18) 14. Subcontracting Practices (Section 2-8.8 of the Code of Miami -Dade County) 15, Subcontractor/Supplier Listfng (Section 2-8.1 of the Code of Miami -Dade County) 16. Form W-9 and 147c Letter (as required by the Internal Revenue Service) 17. FEIN Number or Social Security Number In order to establish a file, the Contractor's Federal Employer Identification Number (FEIN) must be provided. if no FEiN exists, the Social Security Number of the owner or individual must be provided. This number becomes Contractor's "County Vendor Number". To comply with Section 119.071(5) of the Florida Statutes NOTICE This su bmittal needs t �`hed' dfara pu bl, hearing c ld— whh timelinesset forth in the Clty of Miami CW, The appk.de decision-rna king body will renew theinfonna at the pubs hearing to renders 8. Miami -Dade County Family leave recr rnmendatirnora final dads.. (Article V of Chapter 11 of the Co PZ-22-13191 County) 02/07/23 9. Miami -Dade County Living Wage Affrdavi (Section 2-8.9 of the Code of Miami -Dade County) 10. Miami -Dade County Domestic Leave and Reporting Affidavit (Article Vill, Section 11A-60 - IIA-67 of the Code of Miami -Dade County) relating to the collection of an individual's Social Security Number, be aware that the County requests the Social Security Number for the following purposes: • Identification of individual account records • To make payments to individual/Contractor for goods and services provided to Miami -Dade County • Tax reporting purposes • To provide a unique identifierin the vendor database that may be used for searching and sorting departmental records 18. Office of the Inspector General (Section 2-1076 of the Code of Miami -Dade County) 19, Small Business Enterprises The County endeavors to obtain the participation of all small business enterprises pursuant to Sections 2- 8.1.1.1.1, 2-8.1.1.1.2 and 2-8.2.2 of the Code of Miami - Dade County and Title 49 of the Code of Federal Regulations. 20. Antitrust Laws By acceptance of any contract the Contractor agrees to comply with all antitrust laws of the united States and the State of Florida 16.21. Conflict of Interest and Code of Ethics. Section 2-11.1(d) of the Code of Miami -Dade County requires that any County employee or any member of the employee's immediate family who has a controlling financial interest, direct or indirect, with Miami -Dade County or any person or agency acting for Miami -Dade County, competing or applying for a contract, must first request a conflict of interest opinion from the County's Ethics Commission prior to their or their immediate family member's entering into any contract or transacting any business through a firm, corporation, partnership or business entity in which the employee or any member of the employee's immediate family has a controlling financial interest, direct or indirect, with Miami - Dade County or any person or agency acting for Miami -Dade County. Any such contract or business engagement entered in violation of this subsection, as amended, shall be rendered voidable. All autonomous personnel, quasi-judicial personnel, advisory personnel, and employees wishing to do business with the County are hereby advised they must comply with the applicable provisions of Section 2-11.1 of the Code of Miami -Dade County relating to Conflict of Interest and Code of Ethics. in accordance with Section 2-11.1 (y), the Miami -Dade County Commission on Ethics and Public Trust (Ethics Commission) shall be empowered to review, interpret, render advisory opinions and letters of instruction and enforce the Conflict of Interest and Code of Ethics Ordinance. w Project No. RFP-01296 ACTIVE 48486805v4 (SIGNATURES ON FOLLOWING PAGE) 0:1 52 IN WITNESS WHEREOF, the parties or their duly authorized execute this Agreement on the date first written above. TENANT: Rainbow Redevelopment, LLC, a Florida limited liability company By: #L_� Name: Matt . Rieger Title: Manager Date: Attest: Corporate Secretary/Notary Public ''w Notary Eo State of Florida Maurido Toratr My Commialon GG 095359 Co DA/f 2f Online Notary: ❑ (Check Box if acknowledgment done by Online Notarization) 39 Miami -Dade County By: Name: Carlos A. Gimenez Title: Mayor Date: Attest: Approved as to form and legal sufficiency f' NOTICE This submittal needs to be scheduletl Wr a public neahng �o�ean�e wnn umenne:set Conn m me eery m Miami CW,The applicade decision -Waking bWy will renew the information at the pubic Mearing to antler a recommendation or a final tlecivon. kPZ-22-13191 02/07/23 Clerk of the Board Terrence A. Smith Assistant County Attorney 53 Signed, sealed and delivered In the presence of: Witness: Print Name: hi y kc1 m, P,c. x.) ,ic.r Witness: ��jj Print Name: Ooy f _ir`6-iC ":ter NOTICE This submittal needs is bescheduled hipublichearing mrdance wirh umellnes set forth in the Clty of Miami CMe.The applicade dxision-making belly will renewU intann— at the pubic nearing to render. recommendation or a final decivon. TENANT; PZ-22-13191 02/07/23 RAINBOW REDEVELOPMENT, i LC-,M '' � Florida limited !ia pity► rnpany By: Name: Matthew A. "e r Title: Manager Date: L7 Attest; Corporate Secretary/Notary Public eoff Notary Pubkc Stan Of Florida Maurido Texan My Ca M%510n 6G 025359 EXPff" 04/1&=21 Corporate Seal/Notary Seal 54 EXHIBIT A Land Project Name: Rainbow Village and Gwen Cherry 23C Folio Number: 01-3125-063-0020 25 53 41 TOWNPARK SUBDIVISION 1 PB 85-31 Legal Description. / U. R. PROJECT FLA R-10 TRACTS 2 & 3 & TR 22 OF U R PROJECT FLA R-10 OF PB 91-88 LOT SIZE 452717 SQ FT MIL 40 NOTICE Thls submidal needs10 —che&u d far a public hearing In eccordana whh hmellnes set forth in the Clty of Mlami Cotle. The applude decision -making body Wil reWewihe Information at the pubic hearing to render a mend— or a heal kdw.n. �ePZ-22-13191 02/07/23 55 aG SY OF'� Y `\ NOTICE This submittal needs b be scheduled bra public hearing ccordanre whh timelines set forth in the Clty of Miami Cctle.The applicade tlecision-rnaking botlywill EXHIBIT B ewe ntoma0onatthe pu ,,[d ringtorendera rec mentlati onorahna ldecis t �PZ-22-13191 Rent 02/07/23 (Revenue and Income Streams Schedule? Project No. RFP-01296, Redevelopment of Rainbow Village and Gwen Cherry 23C The Tenant shall pay to the County for the use of the Land, revenue and income streams, as noted below and indicated in Exhibit B, subject to negotiations during the Master Development Agreement and Long -Term Lease Agreement: A. Lump Sum Ground Lease Pa ment The Tenant shall state its proposed Lump Sum Ground Lease Payment for the use of the Land. Such Lump Sum Ground Lease Payment with respect to each phase of the Project shall be received by the County from the Tenant at Financial Closing date for such phase of the Project. Project Proposed Lump Sum Ground Lease Payment: Scenario A: $10,030,000 ($1OK per unit); Rainbow Village & Gwen Cherry 23C Scenario B: $20,435,000 ($1 OK per mixed -income housing unit and $25K per market rate unit) B. Share of Revenues/Net Cash Flow The Tenant shall provide a proposed share of cash flow for the Project. Such Share of Cash Flow shall be received by the County from the Tenant, after stabilization period, about one year after issuance of Certificate of Occupancy, without billing, through end date of the Agreement. Project Proposed Share of Revenues/Net Cash Flow (%) Rainbow Village & Gwen Cherry 23C Scenario AIB: 35% of Net Cash Flow paid to the Developer for the LIHTC developments will be allocated to Landlord. C. Percentage of Developer Fees The Tenant shall state its proposed percentage of developer fees, at a minimum of 30% of developer fees, for the Project. Such percentage of developer fees shall be received by the County, or the non-profit community development partner (if applicable), from the Tenant at the same time it is received by the Developer and in accordance with Safe Harbor Standards, Project Proposed Percentage of Developer Fees (%) Rainbow Village & Gwen Cherry 23C Scenario AIB: 30% shall be received by the County D. Davis -Bacon Review Fee The Tenant shall include in its proposal a $1,700 per month fee to be paid to PHCD during all phases of construction of the Project for Davis -Bacon Compliance Review fee. The first payment shall be due 30 days after the construction of the Project have begun. 41 56 NOTICE This submittal needs in be scheduled Wr a public hearing in chord—w d mellnes .set tonh inth, CIty of Miami Cede. The applicade tlecision-making belly null renew the Information at the pubic hearing to render a recommendation or a final decivon. Project Davis -Bacon Review Pee PZ-22-13191 Rainbow Village & Gwen Cherry 23C $1,700 per month during construction 02/07/23 Notes: (1) Revenue and Income streams Schedule is firm and fixed during the ground lease agreement period, unless the County requests and agrees to contractual changes. (2) The Ground Cease Payment Schedule above shall be exclusive from any developing, financing, operating, or maintenance costs of the Project. (3) Any proposed payments indicated above are subject to further negotiation by the County with Tenant, at the County's sole discretion. 42 57 EXHIBIT C NOTICE This submittal needsto che&u d tar a public hearing ccordanre whh timelines set forth in the Clty of Miami Ccde. The applic, de decision-rn,king bodywill renewthei Manna at the pu be hearing t. renders recmends ,or a fin, I decison. ePZ-22-13191 Insurance Re uirements NN6- 02/07/23 A (a) Prior to the commencement of construction by Tenant, Tenant shall furnish an'" Risk Builder's Risk Completed Value Form" policy for the full completed insurable value of the Premises in form satisfactory to Landlord. The policy shall be in the name of Miami Dade County and the Tenant, or the Contractor. (b) The Tenant shall furnish to the Internal Services Department, Strategic Procurement Division, 111 NW 1st Street, Suite 1300, Miami, Florida 33128, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. D. Professional Liability Insurance in the name of the Tenant or the licensed design professional employed by the Tenant in an amount not less than $1,000,000 per claim. This insurance shall be maintained for a period of two (2) years after the County's acceptance of the applicable Improvements from the Tenant. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "A2 as to management, and no less than "Class VII" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. Pro3eet No. RFP-01296 43 ACTIVE 48486805v4 aG SY OF'� Y `\ •• NOTICE mi,:�bminei newsm b°. enhe&� dmra pbk healing set forth in the Clty of aCWr .rewhhtimelines Miami Ccde.The applicade tlecisio h- 11 ng b dull renew tl'ie intonna0on at the pubic hearing to render a NOTE: MIAMI-DADE COUNTY RFP NUMBER AND TITLE OF RFP MUS re�ornmentlavo _finaideei ON EACH CERTIFICATE. PZ-22-13191 02/07/23 CERTIFICATE HOLDER MUST READ: MIAMI-DADE COUNTY 111 NW 1st STREET SUITE 2340 MIAMI, FL 33128 Compliance with the foregoing requirements shall not relieve Tenant of their liability and obligation under this section or under any other section of this agreement Execution of this Lease is contingent upon the receipt of the insurance documents, as required, within fifteen (15) calendar days after Landlord's notification to Tenant to comply before the award is made. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Lease, the Tenant shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the County. If the Tenant fails to submit the required insurance documents in the manner prescribed in this Lease within twenty (20) calendar days after Landlord's notification to comply, it shall be an Event of Default pursuant to the Lease. The Tenant shall be responsible for assuring that the insurance certificates required in conjunction with this Exhibit remain in force for the duration of the Term of the Lease, including any and all option years or extension periods that may be granted by the Landlord. If insurance certificates are scheduled to expire during the Term, the Tenant shall be responsible for submitting new or renewed insurance certificates to the Landlord at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the Landlord shall provide thirty (30) days written notice to Tenant to cure the noncompliance. In the event Tenant does not replace the expired certificates with new or renewed certificates which cover the contractual period, it shall be an Event of Default pursuant to the Lease. (c) The Tenant agrees to cooperate with the Landlord in obtaining the benefits of any insurance or other proceeds lawfully or equitably payable to the Landlord in connection with this Lease. (d) The "All Risk Builder's Risk Completed Value Form" policy with respect to the Premises shall be converted to an "all risk" or comprehensive insurance policy upon completion of the Improvements, naming Landlord as an additional insured thereunder and shall insure the Project in an amount not less than the full insurable replacement value of the Premises. The Tenant hereby agrees that all insurance proceeds from the All Risk Builder Risk Completed Value Form policy (or if converted, the "all risk" or comprehensive policy) shall be used to restore, replace or rebuild the Improvements, if the Tenant determines that it is in its best interest to do so, subject to the requirements of any approved mortgage lien holder's rights secured against the Premises and subject further to the terms of Article VI of the Lease. (e) All such insurance policies shall contain (i) an agreement by the insurer that it will not cancel the policy without delivering prior written notice of cancellation to each named insured and loss payee thirty (30) days prior to canceling the insurance policy; and (ii) endorsements that the rights of the named insured(s) to receive and collect the insurance proceeds under the policies shall not be diminished because of any additional insurance coverage carried by the Tenant for its own account. 44 59 NOTICE This submittal needs in be schetluled t, a public hearing cmrd-- d mellow .set t°nh in the CIty °f Miami Code. The applica de decision --king body.11 renew the Inlormati°n at the pub° hearing to render a (f) If the Premises is located in a federally designated flood plain, an ac reeemmendasen°,,-1dec.Aen. insurance policy shall also be delivered to the Landlord, providing coverage in t PZ-22-13191 amount reasonable necessary to insure against the risk of loss from damage to the 02/07/23 caused by a flood. • (g) Neither the Landlord nor the Tenant shall be liable to the other (or to any insurance company insuring the other party), for payment of losses insured by insurance policies benefiting the parties suffering such loss or damage, even though such loss or damage might have been caused by the negligence of the other party, its agents or employees. 45 •1 EXHIBIT D NOTICE This submittal needsto che&u d tar a public hearing ccordanre whh timelines set forth in the Clty of Miami Ccde. The applica de decision -making bodywill renew Uiei Manna at the pu be hearing to renders recommendation or a final decison. PZ-22-13191 Form of Sublease Vblh, 02/07/23 SUBLEASE AGREEMENT THIS SUBLEASE AGREEMENT ("Sublease") dated effective as of the day of , is made by and between RAINBOW REDEVELOPMENT, LLC, a Florida limited liability company (hereinafter called the "Sublessor") and , a (hereinafter called the "Sublessee"). WHEREAS, the Sublessor is in rightful possession of certain real property located in Miami -Dade County, Florida, as more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (the "Leased Property') pursuant to that certain Ground Lease dated as of (as may be amended, the "Master Lease"), by and between Miami -Dade County, a political subdivision of the State of Florida, through the Department of Public Housing and Community Development, as Landlord therein (the "Landlord") and Sublessor, as tenant therein; and WHEREAS, Sublessor and Sublessee acknowledge that a true and correct copy of the Master Lease thereof has been provided by Sublessor and accepted by Sublessee, and the parties agree that the provisions of said Master Lease are incorporated herein by reference; and WHEREAS, the Sublessor wishes to sublease to the Sublessee the portion of the Leased Property which is as more particularly described on Exhibit "B" attached hereto and incorporated herein by reference (the ''Demised Premises"), on the same terms and conditions as set forth in the Master Lease, except as modified hereby -- NOW, THEREFORE, in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Recitals; Defined Terms. The above Recitals are true and correct and are hereby incorporated herein by reference. Capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the Master Lease. 2. Sublease. The Sublessor hereby subleases to the Sublessee, and the Sublessee hereby leases from Sublessor, the Demised Premises. 3. Term. The term of this Sublease shall be co -terminus with the Master Lease, commencing on the date hereof and ending on the date which is seventy-five (75) years from the Lease Date. The obligation to pay Rent shall begin on the date on which the Sublessee closes on the construction financing and tax credit syndication for its contemplated development (the "Commencement Date"), In any event, the term of this Sublease shall expire upon the expiration of the term of the Master Lease. Anything to the contrary herein notwithstanding, Sublessor may terminate this Sublease by written notice to Sublessee given at any time after ____ _ if by such date Sublessee has not received an award of % low income housing tax credits from the Florida Housing Finance Corporation. 46 61 NOTICE mis:°bminal news m be enea°me mr a P°buy neahng ccoreanre wRh timelines set forth in the Clty If Miami Cede. The applicade decision -making body will Naunit- unitnnad°n at the pubs hearing to renders4. Rent. Sublessee hereby agrees to pay to Sublessor as Rent, under t°rafinaPZ-22-13191 a one-time capitalized lease payment, to be paid upon the Commencement Date, iof $ (the "Capitalized Payment"), which amount is calculated by m02/07/23number of units (i.e., ) times $ If greater or fewer than •constructed at the Dernised Premises, the Capitalized Payment shall be adjusted basis; provided, however, that to the extent Rent is paid directly by Sublessee to Landlord, the Sublessee's obligations to pay Rent under this Section 4 shall be satisfied. As and when the Rent is due and payable under the Master Lease, Sublessee shall pay such Rent directly to Landlord, which shall satisfy the obligations of Sublessee to otherwise have paid the Rent to Sublessor. It is the intention of this Sublease that the Sublessee shall be liable for the payment with respect to the units to be developed at the Demised Premises of all Rent and impositions becoming due and payable under the Master Lease by Sublessor to Landlord, during the term of this Sublease. To that end, Sublessee shall make all payments of Rent and impositions directly to Landlord. Provided, however, that there shall be no obligation on the part of Sublessee (or any successor of Sublessee) for the payment of any such Rent or other impositions which shall become due and payable with respect to any portion of the Demised Premises transferred subsequent to the termination of Sublessee's possession of any portion of the Demised Premises, or transfer of Sublessee's rights, under the terms of this Sublease and the termination or expiration of this Sublease. 5. Relationship to Master Lease, This agreement is a sublease and is subject to all the provisions in the Master Lease. Neither Sublessor nor Sublessee shall commit or permit to be committed any act or omission that will violate any provisions of the Master Lease with respect to the Demised Premises. Except with regard to rights of sublessees and the rights or obligations of Landlord, as set forth in the Master Lease, if the Master Lease terminates with respect to the Demised Premises, this Sublease shall terminate, and the parties shall be relieved from all liabilities and obligations under this Sublease, except with respect to any obligations which specifically survive the termination or expiration of this Sublease. This Sublease is made expressly subject to the terms, covenants and conditions of the Master Lease, and Sublessee expressly assumes any and all of the obligations of Sublessor under the Master Lease with respect to the Demised Premises, and agrees to be subject to all conditions and restrictions to which Sublessor is subject including, but not limited to, the obligation for the development, use and operation of every part of the Demised Premises. Any act required to be performed by Sublessor pursuant to the terms of the Master Lease in respect of the Demised Premises shall be performed by Sublessee and the performance of such act shall be deemed to be performed by Sublessor and shall be accepted by Landlord as Sublessor's act, provided such act is otherwise performed in accordance with the terms of the Master Lease. Nothing herein contained shall be construed to modify, waive, impair or otherwise affect any of the covenants, agreements, terms, provisions or conditions in the Master Lease (except as herein expressly provided), and all covenants, agreements, terms, provisions and conditions of the Master Lease are hereby mutually declared to be in full force and effect. It is the express intention of the parties of this Sublease that the Master Lease is incorporated into this Sublease and Sublessee, and not Sublessor, shall be responsible for all provisions of the Master Lease in respect of the Demised Premises as if they were fully set forth in this Sublease. 6. Rights of Sublessee. Sublessee (and all succeeding and successor transferees) shall succeed to all rights and obligations of Sublessor under the Master Lease with respect to the Demised Premises, including but not limited to the right to mortgage, encumber and otherwise assign and further sublease the Demised Premises, subject, however, to all 47 m NOTICE mis:bminal news m be enneame mr a Pbuneahng ccoreanre wRh timelines set forth in the Clty If Miami Cede. The applicade decision -making body will rewewU inf°nnad°n at the pubs hearing to renders duties and obligations of Sublessor as set forth in the Master Lease, and subje recommendation°ra final dads. hereof. PZ-22-13191 02/07/23 7. Further Sublet. Subject to the Master Lease, the Sublessee may further s i Demised Premises or any part thereof to residential and retail tenants under unrecorded lease , with rights as tenants only, without the prior written consent of Sublessor. 8. Public Liability Insurance. The Sublessee agrees to maintain the insurance in respect of the Demised Premises in the types and amounts described in the Master Lease and shall name Sublessor as an additional insured under all such policies. Coverages required by this section shall be evidenced by certificates of insurance from insurance companies reasonably acceptable to Sublessor showing the requisite liability limits and shall specify that Sublessee's insurance policies shall not be modified, altered, canceled or allowed to expire or lapse without thirty (30) days prior notice to Sublessor. Sublessor is to be held harmless, from and against any and all liability, losses, and damages suffered or incurred by Sublessor by reasons directly (a) arising out of or (b) caused by Sublessee, in connection with Sublessee's occupancy of the Demised Premises, excepting loss and/or injury caused by the acts, negligence or omissions of the Sublessor, its servants, agents or representatives. 9. Sublessor's Representations and Warranties. Sublessor hereby represents and warrants to Sublessee that, as of the date hereof: (a) It has full power and authority to enter into this Sublease and perform in accordance with its terms and provisions and that the parties signing this Sublease on behalf of Sublessor have the authority to bind Sublessor and to enter into this transaction and Sublessor has taken all requisite action and steps to legally authorize it to execute, deliver and perform pursuant to this Sublease. (b) Sublessor will deliver possession of the Demised Premises to Sublessee, and, at all times, keep the Demised Premises free and clear of any and all liens, mortgages, encumbrances, tenancies and occupancies of every nature whatsoever. (c) Sublessor is the current lessee under the Master Lease. (d) Sublessor has not made, caused or incurred, or allowed any other to make, cause or incur, any assignment, sale, sublease, disposition or transfer or any right, title, and/or interest in, to, and under the Master Lease of the Demised Premises (other than that which may have been made to Sublessee), or any claim, demand, obligation, liability, action or cause of action in any way pertaining to the Master Lease or the Demised Premises. (e) There are no existing mortgages, encumbrances or liens on Sublessor's leasehold interest and Sublessor will not hereafter subordinate to or mortgage or encumber its leasehold interest. 10. Sublessees Representations and Warranties. Sublessee hereby represents and warrants to Sublessor that, as of the date hereof, Sublessee has full power and authority to enter into this Sublease and perform in accordance with its terms and provisions and that the parties signing this Sublease on behalf of Sublessee have the authority to bind Sublessee and to enter into this transaction and Sublessee has taken all requisite action and steps to legally authorize it to execute, deliver and perform pursuant to this Sublease. 48 63 NOTICE bminal newsppm be e�nea°me mr a P°buy neahn9 ccoreanre wRh timelines set forth in the Clty If Miami Cede. The alicade decision -making body will rewew Uie int°nnad°n at the pubc hearing t° -dlr. 11. Events of Default of Sublessee. The occurrence of any of the follo°rnmenda °"°rafinaldeeiA°" PZ-22-13191 an "Event of Default" of Sublessee hereunder: 02/07/23 (a) Default is made in the due and punctual payment of the Rent pa Sublessor under this Sublease when and as the same shall become due and payable and su default shall continue for a period of ninety (90) days after written notice thereof from Sublessor to Sublessee. (b) Default is made by Sublessee in keeping, observing or performing any of the terms contained in this Sublease, excepting the obligation to pay the Rent, and such default shall continue for a period of ninety (90) days after written notice thereof from Sublessor to Sublessee setting forth with reasonable specificity the nature of the alleged breach; or in the case of such default or contingency which cannot with due diligence and in good faith be cured within ninety (90) days, Sublessee fails within said ninety (90) day period to proceed promptly and with due diligence and in good faith to pursue curing said default. (c) Any default in the obligations of Sublessor under the Master Lease relating to the Demised Premises, other than (i) an obligation which can only be performed by Sublessor thereunder or (ii) a default which is caused by Sublessor. 12. Failure to Cure Default by Sublessee. If an Event of Default of Sublessee shall occur, Sublessor, at any time after the periods set forth in Section 11 (a) or (b) and provided Sublessee has failed to cure such Event of Default within such applicable period, or in the case of such default or contingency which cannot with due diligence and in good faith be cured within ninety (90) days, Sublessee fails within said ninety (90) day period to proceed promptly and with due diligence and in good faith to pursue curing said default, shall, have the following rights and remedies, which are cumulative: (a) In addition to any and all other remedies, in law or in equity, or as set forth in this Sublease, that Sublessor may have against Sublessee, Sublessor shall be entitled to sue Sublessee for all damages, costs and expenses arising from Sublessee's committing an Event of Default hereunder and to recover all such damages, costs and expenses, including reasonable attorneys' fees at both trial and appellate levels. (b) To restrain, by injunction, the commission of or attempt or threatened commission of an Event of Default of Sublessee and to obtain a decree specifically compelling performance of any such term or provision of this Sublease without notice to Sublessor or the necessity of posting a bond. 13. Events of Default of Sublessor. It shall be an Event of Default of Sublessor, if default shall be made by Sublessor in keeping, observing or performing any of the duties imposed upon Sublessor pursuant to the terms of this Sublease and such default shall continue for a period of ninety (90) days after written notice thereof from Sublessee to Sublessor setting forth with reasonable specificity the nature of the alleged breach; or, in the case of any such default or contingency which cannot, with due diligence and in good faith, be cured within ninety (90) days, Sublessor fails within said ninety (90) day period to proceed promptly after such notice and with due diligence and in good faith to cure said Event of Default. If an Event of Default of Sublessor shall occur, Sublessee, at any time after the period set forth in this Section 13, shall have the following rights and remedies which are cumulative: 49 •A NOTICE k�i,bminal news m bee�nea°me mr a P°buy neahng coreanre wRh timelinesset forth inthe Clty °f C°ae. The appk.de decision-rna king bogy willU inf°nna at the pubic hearing t°renders(a) To restrain, by injunction, the commission of or attempt or threatene°rnme"aa °"°rafinaldeeiA°" PZ-22-13191of an Event of Default of Sublessor and to obtain a decree specifically compellingof any such term or provision of this Sublease without notice to Sublessor or tho2io7i23 posting a bond. • (b) In the event that the Sublessor's default is of a nature which makes performance of this Sublease impossible, Sublessee may terminate any and all obligations that Sublessee may have under this Sublease, in which event Sublessee shall be released and relieved from any and all liability under this Sublease and shall surrender possession of the Demised Premises to Sublessor. 14. Power of Attorney -Sublessor. (a) Subject to Sublessor's prior approval of any instrument or document described in this Section, which approval shall not be unreasonably withheld, Sublessor hereby irrevocably constitutes Sublessee its true and lawful attorney in fact in its name, place and stead to make, execute, swear to, acknowledge, deliver and file: 0) Any instrument which may be required to be fled by the Sublessor under the terms of the Master Lease, or which Sublessee deems advisable to file under the terms of the Master Lease; (H) Any documents which may be required or appropriate to amend the terms of the Master Lease, to effect the continuation of the Master tease, or the termination of the Master Lease; or (iii) Any document necessary or proper to carry out the intent of the Sublessor's powers and/or duties. (b) The above power of attorney: (i) Is a special power of attorney coupled with an interest, is irrevocable and will survive the dissolution of the Sublessor or any other event; and (ii) May be exercised by the Sublessee on behalf of Sublessor by an actual or facsimile signature of a duly authorized representative of the Sublessee. (c) Upon the request of Sublessee, the Sublessor shall from time to time execute a separate power of attorney that may be necessary or proper to permit the above -listed powers to be exercised, and any document which the Sublessee would be authorized to execute by virtue of any such powers. 15. Discharge of Liens. Sublessor is not authorized to contract for or on behalf of itself or Sublessee for work or the furnishing of materials to the Demised Premises. Sublessor shall discharge of record by payment, bond or otherwise, within five (5) days subsequent to the date of its receipt of notice thereof from Sublessee, any mechanic's, laborer's or similar lien filed against the Demised Premises for work or materials claimed to have been furnished at the instance of Sublessor. If Sublessor shall fail to cause such lien or claim of lien to be so discharged or bonded within such period, in addition to any other right or remedy it may have, Sublessee may, but shall not be obligated to, discharge the same by paying the amount claimed to be due or by procuring the discharge of such lien or claim by deposit in court or bonding, and in any such event, Sublessee shall be entitled, if Sublessee so elects, to compel the prosecution of any action for the foreclosure of such lien or claim by claimant and to pay the 50 65 o�l�r NOTICE k bminal news m be eInea°me mr a P°buy neahng coreanre wRh timelinesset forth inthe Clty °f C°ae. The appk.dedecison-rnaking b°aywill the inform — at the pubic hearing t° render aamount of the judgment, if any, in flavor of the claimant, with interest, costs an°mme°aa °°°rafinzldeeiA°PZ-22-13191Sublessee shall be entitled to offset any sum or sums so paid by Sublessee, andexpenses incurred by Sublessee, including, but not limited to, attorneys' fees in pro2io7i23 discharge or in defending any such action against any Rent due under this Suble. 16. Notices. Each notice required or permitted to be given hereunder or pursuant to the Master Lease must comply with the requirements of Article 14.11 of the Master Lease. The addresses for the parties hereto are as follows: Sublessor: , LLC c/o Housing Trust Group, LLC 3225 Aviation Avenue, 6th Floor Coconut Grove, Florida 33133 Attn: Matthew A. Rieger Sublessee: 17. Subleasehold Mortgage. (a) Without limiting any of the provisions of the Master Lease as to the mortgaging of the Sublessee's subleasehold estate in the Demised Premises, it is agreed that, without Sublessor's prior consent, Sublessee shall have the right from time to time during the Term to mortgage, collaterally assign, or otherwise encumber in favor of one or more lenders the Sublessee's leasehold estate and interest ("Leasehold Interest") under one or more leasehold mortgages ("Leasehold Mortgages"), the Sublessee's personalty located on the Demised Premises, its subleases and issues, rents and profits therefrom, as security for such Leasehold Mortgages. (b) In the event of any default by Sublessee under the Sublease or any Leasehold Mortgage, Sublessor will allow Permitted Leasehold Mortgagee (as hereinafter defined) to enforce its lien and security interest in Sublessee's personal property located at the Demised Premises including assembling and removing all of Sublessee's personal property located on the Premises. Sublessor hereby waives any landlord's lien it might hold, statutory, constitutional, contractual or otherwise, in any personal property owned or leased by Sublessee and now or hereafter located on the Demised Premises. If so requested by Sublessee, Sublessor shall execute a waiver of any right, title or interest or right to seize any of Sublessee's personal property on the Demised Premises that may be subject to a lien or security interest in favor of Permitted Leasehold Mortgagee or a seller of Sublessee's personal property or creditor holding a security interest in such personal property. (c) (i) if the Sublessee shall mortgage its Leasehold Interest, and if the holder of such Leasehold Mortgage (each a "Permitted Leasehold Mortgagee") shall provide the Sublessor with notice of such Leasehold Mortgage together with a true copy of such Leasehold Mortgage and the name and address of the mortgagee, the Sublessor and the Sublessee agree that, following receipt of 'such notice by the Sublessor, the provisions of this Section 17 shall apply with respect to such Leasehold Mortgage. 51 • • NOTICE k�i,bminal news m be e�nea°me mr a P°buy neahng coreanre wRh timelinesset forth inthe Clty °f C°ae. The appk.de decision-rna king b°ay willU inform— at the pubic hearing t°rendersSublessor a rees that no notice iven to Sublessee subsea°rnme°aa °°°rafinaldeeiA°g qPZ-22-13191Sublessee's leasehold interest in the Land is encumbered by a Leasehol02/07I23 valid unless simultaneously given to the Permitted Leasehold Mortgagee provided by it. • (iii) In the event of any assignment of a Leasehold Mortgage or in the event of change of address of a Permitted Leasehold Mortgagee or of an assignee of such Leasehold Mortgage, notice of the new name and address shall be provided to the Sublessor. (iv) After the Sublessor has received the notice provided for by subsection (c)(1) above, the Sublessee, upon being requested to do so by the Sublessor, shall with reasonable promptness provide the Sublessor with copies of the note or other obligation secured by such Leasehold Mortgage and of any other documents pertinent to the Leasehold Mortgage and of each amendment or other modification or supplement to such instruments. (d) Until such time as the Leasehold Mortgages are paid in full, the Sublessor shall not consent to any termination, material amendment, modification or supplement to this Sublease unless consented to in writing by the Permitted Leasehold Mortgagees which consent will not be unreasonably delayed, conditioned or withheld. (e) In the event there is a conflict between the terms of this Sublease and those of a Leasehold Mortgage (including but not limited to the provisions of this Sublease and those of a Leasehold Mortgage pertaining to the disposition of insurance proceeds or condemnation awards), the terms of the Leasehold Mortgage shall govern. (f) Permitted Leasehold Mortgagee may at its option, at any time before this Sublease has been terminated as provided herein, and before the expiration of the time periods specified in Section 17(g) below, pay any of the Rent or other sums due under this Sublease, or effect any insurance, or pay any taxes or assessments, or make any repairs and improvement, or do any act or thing which may be necessary and proper to be done in the observance of the covenants and conditions of this Sublease or to prevent the termination of this Sublease. Permitted Leasehold Mortgagee also shall be afforded the right, but not the obligation, to perform any other term, covenant, or condition of this Sublease to be performed by Sublessee, as well as to remedy any default by Sublessee hereunder, and Sublessor shall accept such performance by any Permitted Leasehold Mortgagee with the same force and effect as if furnished by Sublessee, provided, however, that Permitted Leasehold Mortgagee shall not thereby or hereby be subrogated to the rights of Sublessor. Additionally, Sublessee may delegate irrevocably to Permitted Leasehold Mortgagee the authority to exercise any or all of Sublessee's rights hereunder, including, but not limited to the right of Permitted Leasehold Mortgagee to participate (in conjunction with or to the exclusion of Sublessee) in any proceeding, arbitration or settlement involving condemnation or eminent domain affecting Sublessee's leasehold interest in the Demised Premises, but no such delegation shall be binding upon Sublessor unless and until either Sublessee or Permitted Leasehold Mortgagee in question shall give to Sublessor a true copy of a written instrument effecting such delegation, in form required for recording. Any provision of this Sublease that gives Permitted Leasehold Mortgagee the privilege of exercising a particular right of Sublessee hereunder on condition that Sublessee shall have failed to exercise such right shall not be deemed to diminish any privilege that Permitted Leasehold Mortgagee may have, by 52 67 NOTICE This submittal needs. be sche&u d far a public hearing ccordanre whh timelines set forth in the Qty of virtue of a delegation of authority from Sublessee, to exercise such right without reg or not Sublessee shall have failed to exercise such right. Miami CW,The applicade decision -making hotly will rewew Uieinfonna at the pubs hearing to renders --nd.., or a final dads Pz-22-13191 02/07/23 (g) Sublessor shall give Permitted Leasehold Mortgagee notice in writing defaults by Sublessee under this Sublease, and Permitted Leasehold Mortgagee shall have si (60) days after receipt of such written notice from Sublessor to cure such default which is reasonably susceptible of cure. Further, as to any non -monetary default, Permitted Leasehold Mortgagee shall have one hundred eighty (180) days after receipt of such written notice from Sublessor, and a reasonable time after the expiration of said one hundred eighty (180) days if it shall have commenced foreclosure or other appropriate proceeding in the nature thereof within said one hundred eighty (180) day period and is diligently prosecuting the same, within which to endeavor to cure such default; and notwithstanding any other provision of this Sublease, all rights (if any) of Sublessor to terminate this Sublease upon the default by Sublessee are and shall continue to be at all times while Sublessee is indebted to Permitted Leasehold Mortgagee, subject to and conditioned upon Sublessor's first having given Permitted Leasehold Mortgagee written notice of such default and Permitted Leasehold Mortgagee's failure to cure such default within the time and upon the conditions stated above after receiving such written notice of default. Notwithstanding anything contained herein to the contrary, any right of Sublessor to terminate this Sublease shall be postponed indefinitely if the default which gives rise to such termination right is Of such a nature that the same is not susceptible of being cured by Permitted Leasehold Mortgagee and Permitted Leasehold Mortgagee shall institute foreclosure proceedings and diligently prosecute the same to completion, subject to any stay in any proceedings involving the insolvency of Sublessee or other proceeding or injunction (unless, in the meantime, Permitted Leasehold Mortgagee shall acquire Sublessee's estate hereunder, either in its own name or through a nominee, by assignment in lieu of foreclosure). (h) A Permitted Leasehold Mortgagee may become the holder of the Sublessee's leasehold estate and succeed to the Sublessee's interest in this Sublease by foreclosure of its Leasehold Mortgage or as a result of the assignment of this Sublease in lieu of foreclosure, and any purchaser at a foreclosure proceeding undertaken in regard to a Leasehold Mortgage may become the holder of the Sublessee's leasehold estate and succeed to the Sublessee's interest in this Sublease by such foreclosure proceedings. A Permitted Leasehold Mortgagee may exercise any rights and remedies available to it under its Leasehold Mortgage without consent or approval of Sublessor. 0) In case of the termination of this Sublease by reason of the happening of any Event of Default or of bankruptcy or insolvency of the Sublessee, Sublessor shall provide written notice of such termination to Permitted Leasehold Mortgagee and shall include in the notice a statement of all sums which would be due under this Sublease at the time of termination and all other defaults of Sublessee existing at such time. Sublessor will enter into a new sublease for the Demised Premises with the Permitted Leasehold Mortgagee, for the remainder of the term, effective as of the date of such termination, at the same Rent and subject to the same covenants and agreements, terms, provisions and limitations herein contained, provided that: 0) The Sublessor receives the Permitted Leasehold Mortgagee's written request for such new sublease within 60 days from the date that notice of such termination is received by Permitted Mortgagee and all amounts then due and owing to the Sublessor under this Sublease shall be paid coterminous with the entry into the new sublease together with any and all costs and expenses, including reasonable counsel fees, court costs and disbursements made by the Sublessor in connection with any such default and 53 NOTICE This submiktal needs to schetl°lee br a public hearing ccoreanre wM nmellnes set forth in the Cl" °f Miami C°ae.The applicade decision -making b°aywill renewU inform— at the pubic hearing t° render. termination as well as in connection with the execution and delivery of the n ° m°"°"°"°`a""e'd°"A°" PZ-22-13191 less the net income collected by the Sublessor from the Demised Premises Z-22-131 to the date of termination of this Sublease and prior to the execution and deli new lease, any excess of such net income over the aforesaid sums and ex i to be applied in payment of the Rent thereafter becoming due under the new subleas , and (ii) Upon the execution and delivery of the new sublease at the time payment is made in (1) above, all subleases which thereafter may have been assigned and transferred to the Sublessor shall thereupon be assigned and transferred without recourse by the Sublessor to the Permitted Leasehold Mortgagee, as the new Sublessee. Q) (i) For the purposes of this Section 17, the making of a Leasehold Mortgage shall not be deemed to constitute an assignment or transfer of this Sublease or of the Leasehold Interest hereby created, nor shall any Permitted Leasehold Mortgagee, as such, be deemed to be an assignee or transferee of this Sublease or of the Leasehold Interest hereby created so as to require such Permitted Leasehold Mortgagee, as such, to assume the performance of any of the terms, covenants or conditions on the part of the Sublessee to be performed hereunder; however, the purchaser at any sale of this Sublease and of the Leasehold Interest hereby created under any instrument of assignment or transfer in lieu of the foreclosure of any Leasehold Mortgage shall be deemed to be an assignee or transferee within the meaning of this Section 17, and shall be deemed to have agreed to perform all of the terms, covenants and conditions on the part of the Sublessee to be performed hereunder from and after the date of such purchase and assignment, but only for so long as such purchaser or assignee is the owner of the Leasehold Interest. If the Permitted Leasehold Mortgagee or its designee shall become holder of the Leasehold Interest and if the improvements on the Demised Premises shall have been or become materially damaged on, before or after the date of such purchase and assignment, the Permitted Leasehold Mortgagee or its designee shall be obligated to repair, replace or reconstruct the improvements only to the extent of the net insurance proceeds received by the Permitted Leasehold Mortgagee or its designee by reason of such damage. However, should such net insurance proceeds be insufficient to repair, replace or reconstruct the Project or other improvements, and should the Permitted Leasehold Mortgagee or its designee choose not to fully reconstruct the improvements, such failure shall constitute an event of default under this Sublease. (ii) Any Permitted Leasehold Mortgagee or other acquirer of the Leasehold Interest of the Sublessee pursuant to foreclosure, assignment in lieu of foreclosure or other proceedings may, upon acquiring the Sublessee's Leasehold Interest, without further consent of the Sublessor, sell and assign the Leasehold Interest on such terms and to such persons and organizations as are acceptable to such Permitted Leasehold Mortgagee or acquirer and thereafter be relieved of all obligations under this Sublease; provided the Sublessor has approved such assignee, which approval shall not be unreasonably withheld, and such assignee has delivered to the Sublessor its written agreement to be bound by all of the provisions of this Sublease. (iii) Notwithstanding any other provisions of this Sublease to the contrary, any sale of this Sublease and of the Leasehold Interest hereby created in any proceedings for the foreclosure of any Leasehold Mortgage, or the assignment or transfer of this Sublease and of the Leasehold Interest hereby created in lieu of the foreclosure of any 54 NOTICE This submittal needsto che&u d tar a public hearing ccordanre whh timelines set forth in the Clty If Miami C°de.The applicade decision -making body will renew Uiei nt°nna at the pu be hearing t° renders Leasehold Mortgage, shall be deemed to be a permitted sale, transfer or �° ,dav°n°rafinaldecis°n. Pz-22-13191 this Sublease and of the Leasehold Interest hereby created. 02/07/23 'J� (k) The Sublessor shall give each Permitted Leasehold Mortgagee prompRel of any legal proceedings between the Sublessor and the Sublessee involving obligations unffM this Sublease. Each Permitted Leasehold Mortgagee shall have the right to intervene in any such proceedings and be made a party to such proceedings, and the parties hereto do hereby consent to such intervention. In the event that any Permitted Leasehold Mortgagee shall not elect to intervene or become a party to any such proceedings, the Sublessor shall give the Permitted Leasehold Mortgagee notice of, and a copy of any award or decision made in any such proceedings, which shall be binding on the Permitted Leasehold Mortgagee. (1) Intentionally Omitted. (m) The Sublessor shall, without charge, at any time and from time to time hereafter, but not more frequently than twice in any one-year period (or more frequently if such request is made in connection with any sale or mortgaging of Sublessee's Leasehold Interest or permitted subletting by the Sublessee), within ten (10) days after written request from the Sublessee or Permitted Leasehold Mortgagee to do so, certify by written instrument duly executed and acknowledged to any Permitted Leasehold Mortgagee or purchaser, or proposed leasehold mortgagee or proposed purchaser, or any other person, firm or corporation specified in such request: (i) as to whether this Sublease has been supplemented or amended and if so, the substance and manner of such supplement or amendment; (ii) as to the validity and force and effect of this Sublease, in accordance with its tenor; (iii) as to the existence of any default hereunder; (iv) as to the existence of any known offsets, counterclaims or defenses hereto on the part of the Sublessee; (v) as to the commencement and expiration dates of the term of this Sublease; and (vi) as to any other matters as may be reasonably so requested. Any such certificate may be relied upon by the Sublessee and any other person, firm or corporation to whom the same may be exhibited or delivered, and the contents of such certificate shall be binding on the Sublessor. (n) Notices from the Sublessor to the Permitted Leasehold Mortgagee shall be mailed to the address furnished to the Sublessor, and those from the Permitted Leasehold Mortgagees to the Sublessor shall be mailed to the address designated pursuant to the provisions of Section 17(c)(i). Such notices, demands and requests shall be given in the manner described in Section 16 and shall in all respects be governed by the provisions of that section. (o) In case of the termination of this Sublease by reason of the happening of any Event of Default or of bankruptcy or insolvency of the Sublessee, the Sublessor shall give prompt notice thereof to each Permitted Leasehold Mortgagee who has made the request referred to in Section 17(c). 18. Investor. The following shall apply with respect to the Sublessee's Investor (the "Investor"). (a) The Sublessor agrees to accept payment or performance by the Investor as though the Sublessee had done the same, and the Investor shall be given all of the same cure rights as a Permitted Leasehold Mortgagee under this Sublease. 55 70 NOTICE This submittal needs.. s, he&led tar a pu bk hearing c 'danre whh ti melinesset forth in the Clty°f Miami C°ae. The applica de decision -making b°aywill renewthe nt°nna at the pu be hearing t° renders (b) The Sublessor agrees to give the Investor, at the address to be pr°mme"aa °"°rafinaldeeiA PZ-/07/2391 Investor, a written copy of all notices and demands that the Sublessor gives to the S 02/07/23 (c) The Sublessor shall not terminate this Sublease if: 0) At the time of the Event of Default, the Sublessor or Sublessor's member is the Sublessee's general partner or managing member, or an affiliate of the Sublessee's general partner or managing member; (ii) Within one hundred twenty (120) days after the Investor's receipt of notice, the Investor (A) cures the Event of Default, or (B) if the Event of Default reasonably requires more than one hundred twenty (120) days to cure, commences to cure the Event of Default and diligently prosecutes the same to completion; or (iii) If the Event of Default cannot be cured by payment or expenditure of money, and the Investor (A) initiates other appropriate proceedings to remove and replace the general partner or managing member as provided in the Sublessee's amended and restated partnership or operating agreement (the "Governing Agreement") within one hundred twenty (120) days after receipt of notice, (B) cures all other Events of Default, (C) complies with all other covenants and conditions of this Sublease capable of compliance, and (D) continues to pay all real property taxes and assessments, and insurance premiums to be paid by the Sublessee under this Sublease, then the Investor shall then have one hundred twenty (120) days following the date on which the Investor or its nominee is able to become the replacement general partner or managing member of the Sublessee, to cure such Event of Default. Notwithstanding anything contained herein to the contrary, if any such Event of Default, by its nature, is such that it cannot practicably be cured within said 120-day period, then the Investor shall have such time as shall be reasonably necessary to cure the Event of Default provided that the Investor commences such cure within said 120-day period and thereafter diligently prosecutes the cure to completion. (d) The Sublessor agrees to accept performance by the Investor of all cures, conditions and covenants as though performed by the Sublessee, and agrees to permit the Investor access to the Demised Premises to take all such actions as may be necessary or useful to perform the Sublessee's covenants under this Sublease or to cure an Event of Default of the Sublessee. (e) If the Investor elects any of the above -mentioned options, then upon the Investor's or its nominee's acquisition of the general partner or managing member interest under the Governing Agreement, this Sublease shall continue in full force and effect during the year tax credit compliance period, provided that, if the Investor elects the option provided in Section 18(C)(iii) above, then upon the Investor's acquisition of the general partner or managing member interest under the Governing Agreement, the Investor shall cure all prior Events of Default of the Sublessee under this Sublease that are reasonably capable of being cured by an Investor within the time set forth in Section 18(C)(iii) above. If the Investor commences an action as set forth in Section 18(C)(iii), and thereafter the Sublessee cures such Events of Default (which cure the Sublessor shall be obligated to accept) and the Investor then terminates all proceedings under the option in Section 18(C)(iii) above, then this Sublease shall remain in full force and effect between the Sublessor and the Sublessee during the _-year tax credit compliance period. 56 71 NOTICE This submittal needs.. sche&u d tar a public hearing ccordanre whh timelines set forth i" the Oty If Miami C°de.The applicade decision-rnaking b°tlywill renew the into"na0°n at the pubs hearing t° render a (f) During the -year tax credit compliance period the Suble°mme"°°"°rafinaldeeiA Sublessee shall not agree between themselves to any material amendment, m PZ-22-13191 supplement to this Sublease without the prior written consent of the Investor, whi o2io7i23 will not be unreasonably delayed, conditioned or withheld. • (g) So long as the Investor is prevented by injunction issued by any court or by any statutory stay, or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving the Sublessee, from commencing or prosecuting the replacement of the general partner or managing member pursuant to the terms of the Governing Agreement or other appropriate proceedings in the nature thereof, the Investor shall not be deemed for that reason to have failed to commence such proceedings or to have failed to diligently prosecute such proceedings, provided that the Investor use reasonable efforts to contest and appeal the issuance or continuance of any such process, stay or injunction. (h) Notwithstanding anything to the contrary set forth elsewhere in this Sublease, the Sublessor and the Sublessee hereby acknowledge and agree that the Investor shall be deemed a third -party beneficiary of the provisions of this Sublease which specifically grant the Investor rights and/or benefits, including, without limitation, those provisions which entitle the Investor to receive notice and exercise the right to cure. In connection therewith, the Investor may seek any and all remedies available to the Investor in order to enforce such provisions. 19. Miscellaneous. This Sublease shall inure to the benefit of and be binding upon the parties and their respective heirs, executors, legal representatives, successors and permitted assigns. This Sublease is governed by and shall be interpreted in accordance with the laws of the State of Florida. Neither this Sublease nor any provisions hereof or of the Master Lease may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought. 20. Grant of Quiet Enioyment. Sublessee, upon paying the Rent and Sublease Rent and performing in accordance with the terms, agreements, and provisions of this Sublease, shall peaceably and quietly have, hold and enjoy the Demised Premises during the term of this Sublease without interruption, disturbance, hindrance or molestation by Sublessor or by anyone claiming by, through or under Sublessor. 21. Recording. At Sublessee's behest, a Memorandum of this Sublease shall be recorded among the Public Records of Miami -Dade County, Florida, at the sole cost of Sublessee. 22. Sublessor's Covenants. Sublessor hereby covenants to and agrees with Sublessee that during the Term of this Sublease, Sublessor will not (a) amend, modify, cancel or terminate the Master Lease, or exercise any rights of the Sublessor thereunder in any way which materially diminishes the rights or increases the responsibilities of Sublessee, without the prior written consent of Sublessee, which consent may be withheld by Sublessee in Sublessee's sole and absolute discretion, or (b) take any action or omit to take any action which would cause a default in the Master Lease by Sublessor unless such default is caused by the default of the Sublessee hereunder. 57 72 23. Cooperation. Sublessor shall, from time to time, upon request froth execute and deliver or cause to be made, executed and delivered to Sublessee, assurances and other documents as may be necessary or desirable in order to effe complete the purposes and intents of this Sublease. (SIGNATURES APPEAR ON FOLLOWING PAGES) 58 f' NOTICE mis sabmrtlal neeas to � sEneawee wr a Pabu� nearing Wr .Thwnhl-d,d -torah kmecryof Miami Code. The applicade tlecision-making belly null renew tl'ie information al the pubic nearing to render a mendation or a final tlecivon. �ePZ-22-13191 02/07/23 73 N WITNESS WHEREOF, the parties or their duly authorized representativ execute this Sublease on the date stated at the beginning of this Sublease SUBLEAEE; RGC Phase I, LLC, a Florida limited liability company By: Name: Matthe A. ieger Title: Manager of Manager Date: 3A Ap'?'o Attest: Corporate Secretary/Notary Public eNotary Public State d FWda ; Mauddo Teran Com rt My Galnmisalon 3ti 496568 Corpora `es 1 1 Online Notary: ❑ (Check Box if acknowledgment done by Online Notarization) SUBLESSOR: NOTICE This submittal needs fa b° schetluled far a public hearing cord .... ..N umellnes set forth in the Chy of Miami CMe.The appk.de decision -making belly will renewU infann— atthe pubs hearingto render. mend.., or a final d—..,. �ePZ-22-13191 02/07/23 Rainbow Redevelopment, LLC, a Florida limited liability company By: AA�. Name: Ma he A. Rieger n� Title: Date: Attest: Corpoi Manager aryryL4S Ptate of Florida My Cwnmission GG 095359 %Mdr Expires 0411=021 Online Notary: ❑ (Check Box if acknowledgment clone by Online Notarization) O INCLUDE ACKNOWLEDGMENT FROM COUNTY APPROVING SUBLEASE Project No, RFP-01296 ACTIVE 48466805v4 59 74 Signed, sealed and delivered in the presence of: Witness: Print Name: —lo Ty Witness: Print Name:_ i4�,� 1.a .�lr+ a,rrl m SUBLESSEE: NOTICE This subm11W needs is be scheduled Wr a public hearing —orhan.e wide umehnes ser torah in,h, C,ty m Miami CWe.The applicade dais -making bWy will renew the intann — at the pubc hearing to antler a recommendation or a final d—..n. PZ-22-13191 02/07/23 RGC PHASE f, LLC, a Florida limiteri",qq liability company By: Ako-"-- Name: Mat ' gar Title: Manager a er Date: � /)V Attest: !�- Corporate Secretary/Notary Public NMy Pubtk Stow of FWWa Meuddo iemn +� * EW0ZG OA5S58 *r" Corporate Seal/Notary Seal I10 INCLUDE ACKNOWLEDGMENT ^FROM „COUNTY APPROVING SUBLESSE1 75 IN WITNESS WHEREOF, the parties or their duly authorized representatives execute this Sublease on the date stated at the beginning of this Sublease Signed, sealed and delivered In the presence of: Witness: 4�'A, Print Name: 000 6 CTVE�-- Witness: Print Name:�Jikplas r,, d^r,%f4&rr►'g, SUBLESSOR: NOTICE This submittal needs fa b° I hetluled far a public hearing cord once with umellnes set forth in the Chy of Miami CMe.The applicade dais -making belly will renew the inform — at the pubc hearing to render a recommendation or a final tlec-, PZ-22-13191 02/07/23 RAINBOW REDEVELOPMENT, LLC, a Florida limited liability company By: Name: Matthew A R ger Title: Manager Date; Attest: Corporate Secretary/Notary Public hlotery Pu6Ac Stele of F]orida Meurkco Teran My Commisafart GG 025359 Y Expires Wi8=2t Corporate Seal/Notary Seal (SIGNATURES CONTINUE ON FOLLOWING PAGES) 76 Project No. RFP-6f296 ACTIVE 48486805v4 EXHIBIT "A" TO SUBLEASE ENTIRE LEASED PROPERTY - LEGAL DESCRIPTION f' NOTICE This submittal needs 1n be sc hetluled br a public hearing —,d—wnh dm 1— set fnnh in me. Clry of Miami Ccde. The applica de decision --king body-11 renew the information at the pubc hearing to render a recommendation or a final decivon. kPZ-22-13191 02/07/23 77 NOTICE mis sabmrttai neeas to be sEneawee wr i ph, C nearing �orean�s wp umd, se, Conn kme cH of Miami Code. The applicade tlecision-making belly vnll %sh, EXHIBIT "B" TO SUBLEASEDEMISED PREMISES02/07/23 PHASE I - LEGAL DESCRIPTION Project No. RFP-01246 69 ACTIVE 48486805v4 NOTICE mis eabmatai needs to be sEhedwee wr a p,bu, hearing �oreanns wnn dmennes s� tonn m me c�H of Miami Code. The applicade tlecision-making belly null renew Uie information at the pubic hearing to render a mendation orafinal tlecivon. CONSENT BY LANDLORD �ePz-22-13191 , The undersigned Landlord and fee owner, MIAMI-DADE COUNTY, a political su , a 02/07/23 of the State of Florida, under that certain lease ("Lease") between , L Florida limited liability company (hereinafter called the "Sublessor' and , a (hereinafter called the "Sublessee"), upon the express understanding that: 1. Nothing contained in the Sublease shall be taken or construed to in any way modify, alter, waive or affect any of the terms, covenants, or conditions contained in the Master Lease with Tenant; and 2. There shall be no further assignment of the Master Lease, except in accordance with the terms and conditions of the Master Lease. Project No. RFP-0 1296 ACTIVE 48486805v4 MIAMI-DADE COUNTY, a political subdivision of the State of Florida By: Name: Title: Date: Attest: Approved as to form and legal sufficiency Terrence A. Smith Assistant County Attorney 62 Clerk of the Board 79 Exhibit "B" City of Miami Ordinance 14029 411y!arR� NOTICE This submittal needs b te• ach.&u d b, s public hexhng In accortla,re wM1h tlmell,1 set forth in the City & Miami CWe. The appU-u' declsion-m&'g bwywill rewewiheinbrmation at the pubic hearing t, re,d,, recomm d, ., or a final decide,. PZ-22-13191 02/07/23 Aj Greenberg Traurig, P.A. I Attorneys at Law 333 Southeast Second Avenue I Suite 4400 1 Miami, FL 33131 1 T +1333 Southeast Second Avenue Suite 4400 Miami, FL 33131 T +1 305.579.05001F +1 305.579.0717+1 305.579.0717 www.gtlaw.com City of Miami rc Legislation Ordinance: 14029 File Number: 9104 Final Action Date' NOTICE Thls submittal needs W be schetluled far a pubc heal ng In accord—.M1 timelines sel forth in the City& Miami Cmde. The appliraHe—ision-ma Ning bmy will reWewthe Inbnnalton at the pubic hearing to render e me dtl ., nr a final decivon. rec PZ-22-13191 02/07/23 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T4-L, "GENERAL URBAN ZONE —LIMITED," TO T5-0, "URBAN CENTER ZONE -OPEN," OF THE PROPERTY LOCATED AT APPROXIMATELY 2000 NORTHWEST 3 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on May 5, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-022 by a vote of seven to zero (7-0), Item No. PZAB.1, recommending approval of the Zoning Change as stated herein; and WHEREAS, the property located at approximately 2000 Northwest 3 Avenue, Miami, Florida is currently zoned T4-L, "General Urban Transect Zone -Limited"; and WHEREAS, Miami -Dade County and the Housing Trust Group, LLC (collectively, "Applicant") have requested to change the zoning classification to T5-0, "Urban Center Transect Zone -Open"; and WHEREAS, the Future Land Use Map ("FLUM") designation is Medium Density Restricted Commercial; and WHEREAS, the application does not require a concurrent application to amend the FLUM designation of the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the property is approximately 451,692 square feet (10.3 ± acres); and WHEREAS, the property is currently developed with the Rainbow Village and Gwen Cherry 23C Public Housing Communities; and WHEREAS, the property is located in the Southeast Overtown/Park West Redevelopment Area; and WHEREAS, the property is located south of the border of the Wynwood Neighborhood Revitalization District ("NRD-1 ") and the Mana Wynwood Special Area Plan; and WHEREAS, the property is located in a portion of the Overtown neighborhood where there are a variety of zoning designations and housing types; and City of Miami Page 1 of 3 File ID: 9104 (Revision: B) Printed On: 1012912021 File ID: 9104 En 411y!arR r WHEREAS, the property was zoned R-3 under Ordinance No. 11000, the NOTICE ordinance, a zoning designation that permitted sixty-five (65) dwelling units per a "''a�o�a'nee°`m° °°�°ro"p°b°`h°'"n9 tla wM1h tlmellneesetforth In the City Mlami CWe. The appliwde bec1—n-maXing bWy will rewewthe inbrmation at the pubec hearing to render a recommendation nr a final °ecivon. WHEREAS, the property was proposed to be a portion of the NRD-1 with a PZ-22-13191 designation of T5-0, "Urban Center Transect Zone -Open"; and 02/07/2 4�3 WHEREAS, the proposed Zoning Change is appropriate in light of the intent of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the proposed T5-0, "Urban Center Transect Zone -Open," zoning classification would result in higher intensity and taller development; and WHEREAS, the application is consistent with the criteria set forth in Article 7, Section 7.1.2.8.(f) of the Miami 21 Code and WHEREAS, the proposed Zoning Change is consistent with the City of Miami's ("City") Neighborhood Comprehensive Goal LU-1's intent of fostering redevelopment and revitalization of declining areas, which makes the request consistent with the rezoning criteria of Section 7.1.2.8.f.2 of the Miami 21 Code; and WHEREAS, the proposed Zoning Change is consistent with the City's Neighborhood Comprehensive Objective LU-1.2's intent to promote, facilitate, and catalyze the redevelopment and revitalization of blighted, declining, or threatened residential, commercial, and industrial areas, which makes the request consistent with the rezoning criteria of Section 7.1.2.8.f.1 of the Miami 21 Code; and WHEREAS, there have been changing conditions to the Atlas of the Miami 21 Code in the form of the NRD-1 and Mana Wynwood Special Area Plan, which are adjacent to the property, deeming the changes necessary and consistent with Section 7.1.2.8.f.1(b) of the Miami 21 Code; and WHEREAS, the Planning Department recommends approval of the proposed Zoning Change; and WHEREAS, the City Commission has considered the Applicant's justification as well as the Planning Department's recommendation; and WHEREAS, the City Commission has considered the Declaration of Restrictive Covenants, attached and incorporated as Exhibit "B" ("Covenant"), voluntarily proffered by the Applicant limiting the development of the subject property; and WHEREAS, the Applicant has voluntarily agreed that at least forty percent (40%) of the Benefit Units shall be restricted to households with incomes at or below sixty percent (60%) of the area median income; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other City regulations; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 2 of 3 File ID: 9104 (Revision: B) Printed on: 1012912021 File ID: 9104 En 411y!arR� wn�ia� Section 1. The recitals and findings contained in the Preamble to this Or NOTICE adopted by reference and incorporated as if fully set forth in this Section. hiIn—.,alffl, b °°�°ro"p°b "n9 Inazcnida[ ed, h-ellnessetforth in the Cityof Miami CWe. The appliwde bslsion---Xing bWy will renew theinbrmation d the pu bk hearing to n,nd e nxo--e dtl on or a final dmin . Section 2. The Zoning Atlas of the Miami 21 Code is amended by changin PZ-22-13191 classification from T4-L, "General Urban Zone —Limited," to T5-0, "Urban Center Zo 02/07/23 the property located at 2000 Northwest 3 Avenue, Miami, Florida, as more particularly in Exhibit "A," attached and incorporated. Section 3. The City Commission accepts the voluntarily proffered Covenant, attached and incorporated as Exhibit "B," in a form acceptable to the City Attorney, which must be recorded and submitted to the City within forty-five (45) days of adoption hereof. Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective ten (10) days after approval at second reading.' APPROVED AS TO FORM AND CORRECTNESS: ria dez, C ity Attor iey 10/712021 1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File ID: 9104 (Revision: B) Printed on: 1012912021 File Number: 9104 Revision: B City of Miami Master Report Enactment Number: 14029 File Type: Ordinance File Name: Rezoning - 2000 NW 3 Av Requesting Dept: Department of Planning `t1y,i�F 1� NOTICE TIII.ubn,taln d, b �heduld b, a pubic hewing In accordance whh tlmelinel eH forth in the City of Miami Cnde The appli.d. decili- _king `c '7h ,Nl the Information M the pubic hearing to render. recommendation nr a ffinal d-in.n. PZ-22-13191 02/07/23 Aj Status: ADOM MODIFICA Controlling Body: City Commission Introduced: 5/20/2021 Final Action Date: 9/23/2021 Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T4-L, "GENERAL URBAN ZONE —LIMITED," TO T5- 0, "URBAN CENTER ZONE -OPEN," OF THE PROPERTY LOCATED AT APPROXIMATELY 2000 NORTHWEST 3 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Notes: Links: Linked To: PZAB-R-21-022 : A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD (IIPZABII), WITH ATTACHMENT(S), RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T4-L "GENERAL URBAN ZONE — LIMITED" TO T5-0 "URBAN CENTER ZONE -OPEN' OF THE PROPERTY LOCATED AT APPROXIMATELY 2000 NORTHWEST 3 AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Attachments: 9104 - Exhibit A (PDF) 9104 - Exhibit B (PDF) 9104 - PZAB (8818) Resolution (PDF) 9104 - Analysis and Maps (PDF) 9104 - Application and Supporting Documents (PDF) 9104 Submittal -Iris Escarra-Voluntary Covenant (PDF) 9104 - Updated Labels (PDF) 9104 - Proposed Covenant - Staff Review Completed - ePlan Submission 8-23-2021 (PDF) 9104 - Submittal -Jose Felix Diaz -Declaration of Restrictive Covenants (PDF) History of Legislative File: Revision: Acting Body: Date: Action: Victoria Mendez 6/15/2021 Approved Form and Correctness City Commission 6/24/2021 Meeting City Commission 6/24/2021 DEFERRED City Commission 7/8/2021 Meeting City Commission 7/8/2021 PASSED ON FIRST READING WITH MODIFICATION(S) A Victoria Mendez 7/13/2021 Approved Form and Correctness A City Commission 7/22/2021 Meeting Result: Completed Completed Passed Completed Passed Completed Completed City of Miami Page 1 of 2 Printed on: 1012912021 A A A A A B B B B City of Miami °°°111P Master Report Enactment Number: 14029 City Commission 7/22/2021 DEFERRED City Commission 9/13/2021 Meeting City Commission 9/13/2021 DEFERRED City Commission 9/23/2021 Meeting City Commission 9/23/2021 ADOPTED WITH MODIFICATION(S) Mayor's Office 10/4/2021 Unsigned by the Mayor City Clerk's Office 10/4/2021 Signed and Attested by the City Clerk Victoria Mendez 10/7/2021 Approved Form and Correctness with Modification(s) City Clerk's Office 10/8/2021 Rendered `t1y,i�F 1� NOTICE m1,.�bmtalneed, m �had�hd mr a p�bk heating h —rd— whh timelines sH todh in the Cily of Miami Code. The appli.d. decision -making bodyl„h rN—theInto d., M the pubic hearing tp render. recnmmendatinn or a ffinal d-in.n. PZ-22-13191 02/07/23 Aj CompleTM Passed Completed Completed Completed Completed City of Miami Page 2 of 2 Printed on: 1012912021 EXHIBIT'A' L�.h.dukd +"',SKETCH AND LEGAL DESCRIPTIONTICEBYPULICE LAND SURVEYORINC.t,obexhetlu�fWh Intubtic hear(V—Y h Om.h.set Porthln the S.,i ody Wil. ion at the able imbliohearin t randera5381 NOB HILL ROAD nded--fin.hearin.n. entlerantlatian or a final tlecivon.SUNRISE, FLORIDA 33351 -22-13191TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 2/07/23 E—MAIL: surveys0pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION Lg#3870 I14M.11A1111*Yy 112/1910 TRACTS 2 AND 3 OF TOWN PARK SUBDIVISION NO. 1, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 85, PAGE 31, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND TRACT 22 OF TOWN PARK SUBDIVISION NO. 6, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 91, PAGE 88, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. NOTES: 1) BEARINGS ARE BASED ON AN ASSUMED MERIDIAN WITH THE NORTH LINE OF TRACT 2 BEING N87°47'14"E. 2) THIS SURVEY SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4) ALL RECORDED DOCUMENTS ARE PER THE PUBLIC RECORDS OF MIAMI—DADE COUNTY. 5) THIS SITE IS CURRENTLY ZONED T4—L. PROPOSED ZONE T5-0. Ia(N WE10IRRiiill "I X111111111ca due] : ill a ORDERi 67520 REZONING i Z p FOR: RAINBOW SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 Digitally signed by John F Pulice John F P U I Ce -Date: 2020.08.20 11:39:35-04'00' ❑ JOHN F. PULICE, PROFESSIONAL SURVEYOR AND MAPPER LS2691 ❑ BETH BURNS, PROFESSIONAL SURVEYOR AND MAPPER LS6136 ❑ VICTOR R. GILBERT, PROFESSIONAL SURVEYOR AND MAPPER LS6274 ❑ DONNA C. WEST, PROFESSIONAL SURVEYOR AND MAPPER LS4290 STATE OF FLORIDA Document prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Planning Department, Attn: Planning Director 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130-1910 Folio No(s): 01-3125-063-0020 `h11 nA fL NOTICE i , eubmitlal needs scheduled far a pubk nearing no-rdan wim emerme; set f.& m the Ci, o-f Miami m, The applic ,dxisi making bWywill renew Ne ffon —, at the public hearing t, lender a recommendal.,.r a final decbs PZ-22-13191 02/07/23 .10� (Space Above for Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS 1711 THI§ DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day (,of V V 5+ 2021, by Rainbow Redevelopment, LLC, a Florida limited liability company, having offices at 3225 Aviation Ave., 6th Floor, Coconut Grove, FL 33133 (the "Leasehold Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City"). WITNESSETH: WHEREAS, the Leasehold Owner holds a leasehold ownership title interest to certain property in the City of Miami, Florida, described in Exhibit "A," attached hereto and made a part hereof (the "Property"); and WHEREAS, the Leasehold Owner was competitively selected through the U.S. Department of Housing and Urban Development ("HUD') Rental Assistance Demonstration Program to redevelop the Property, which is owned in fee simple by Miami -Dade County Public Housing and Community Development (the "County PHCD"); and WHEREAS, this Declaration of Restrictions is being proffered in connection with the Leasehold Owner's application to the City of Miami to rezone the Property from T4 to T5, identified as Zoning Hearing Item PZ-20-7953, which rezoning will allow the Leasehold Owner to develop approximately three hundred one (301) additional units (the "Benefit Units") on the Property, for a total of six hundred and seventy-four (674) total units at the Property (the "Proposed Units"). NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Leasehold Owner freely, voluntarily and without duress makes the following restrictions that are intended and shall be deemed to be a covenant running with the leasehold interest in ACTIVE 588165734 Aar - f NOTICE Declaration of Restrictive Covenants Thee bmk etneeds o he s�heh��e for a p0k hesring Folio No.01-3125-063-0020 rcoreance wkh tlmellnes set forth in the City& MiamiCWtl.The appli dC tlsisi makingbWyWil re�ewthe Inienma ., at the p0h, hearing t, re,d,, e the land and binding upon the Leasehold Owner of the Property, and its heirs, grantees, recommends ., or afinal d-i— PZ-22-13191 assigns, as follows: 02/07/23 l . Recitals. The recitals and findings set forth in the preamble of this Declaration arAWQ adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Use/Restriction. The Benefit Units shall be governed by the following income restrictions: a. At least forty percent (40%) of the Benefit Units shall be restricted to households with incomes at or below sixty percent (60%) of the area median income ("AMI") or at least twenty percent (20%) of the Benefit Units shall be restricted to households with incomes at or below at or below fifty percent (50%) of AML b. The income restrictions set forth in this Declaration of Restrictions apply only to the Benefit Units and create no restrictions or limitations on any other Proposed Units. 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property as provided herein and shall be binding upon Leasehold Owner, its successors and assigns upon recordation in the Public Records of Miami -Dade County, Florida. The City and Leasehold Owner, and their successors and assigns, acknowledge that acccptance of this Declaration does not in any way obligate or provide a limitation on the County PHCD, as fee simple owner of the Property. These restrictions shall be for the benefit of, and a limitation upon. all present and future owners of a leasehold interest in the Property and for the public welfare. 4. Term of Covenant. This voluntary covenant on the part of the Leasehold Owner shall remain in full force and effect and shall be binding upon the Leasehold Owner, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records, and shall be automatically extended for periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 5. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours of the City of Miami's inspector to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration or provisions of the building and zoning regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the lave. 6. Cumulative. All rights, remedies, and privileges gained herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges as may be available to it. ACTIVE 58816573v3 Aar - NOTICE Declaration of Restrictive Covenants Th, mk, eebsmbe,°hed°�et°rz 0-h—,g Folio No. 01-3125-063-0020 a,-°,ean�wk t;mell"�,-,°nhi"'heciy° Miami CWtl . The applies Cie d--n-making hotly will rev,ew the Inf,ma ,n at the pebg° hearing t, rend,, e 7. Amendment Modification Release. This instrument may be modifi°mmen°°°°,afinzltle°ie°° PZ-22-13191 released as to any portion or all of the Property only after the occurrence of a public hears 02/07/23 approval from, the City Commission. Any amendment, modification, or release shall be exe Planning Director and the Zoning Administrator, or their successor or designee, and be I • acceptable to the City Attorney. 8. City Funded Protects. In the event Leasehold Owner receives any funding from the City in the form of HOME, SHIP, CDBG or other subsidy, this Declaration shall be interpreted to comport with all such City funding documents including, but not limited to, any applicable Rent Regulatory Agreement or Declaration of Restrictive Covenants; provided, however, in the event of any conflict between the terms of this Covenant and the terms of the City funding documents, the terms of the document which imposes the more stringent requirements shall control. 9. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 10. Recordintt. This Declaration shall be filed of record among the Public Records of Miami - Dade County, Florida, at the cost of the Leasehold Owner, within thirty (30) days of the acceptance by the City. The Leasehold Owner shall furnish a copy of the recorded Declaration to the City Department of Hearing Boards within thirty (30) days of recordation. 11. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Leasehold Owner, its successors, or assigns. 12. Notice. Any notice required to be given herein shall be given by personal delivery or by certified U.S. mail at the address specified below or at such other address as may be specified in writing by the parties. DEPARTMENT Zoning Director City of Miami 444 SW 2nd Avenue Second Floor Miami, Florida 33130 With a copy to: Office of the City Attorney City of Miami 444 SW 2nd Avenue Suite 945 Miami, Florida 33130 ACTIVE 588165730 LEASEHOLD OWNER Rainbow Redevelopment, LLC 3225 Aviation Avenue, 6th Floor Coconut Grove, FL 33133 Attention: Matthew Rieger With a copy to: Greenberg Traurig, P.A. c/o Ryan Bailine, Esq. 333 SE 2nd Ave. Suite 4400 Miami, Florida 33131 Declaration of Restrictive Covenants Folio No. 01-3125-063-0020 NOTICE This submktal needs to be scheduled for a public hearing In accordance with timelines -forth In the City of Miami Code. The applicable decision -making body will ",_Me Infonnabon at the public hearing to render a 13. Counterparts/Electronic Sip -nature. This Declaration may be executed iNan, sommendatienorafinaldecidon. PZ-22-13191 counterparts, each of which so executed shall be deemed to be an original, and such c02/07/23 together constitute but one and the same Declaration. The parties shall be entitled to signelectronic signature of this Declaration (whether by facsimile, PDF or other email trans • signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Declaration upon request. [Execution Pages Follow] ACTIVE 588165730 Declaration of Restrictive Covenants Follio No. 01-3125-063-0020 `h11 nF'1L NOTICE i , eubmitlalneedsro b° schedWed for a PubLo hearing nnrd— wim —i ne; eet fnnh in fha cry nr Miami CWe. The appli de decision -making bWywill renew Neinfa U.n at the public hearingto lender. nco ndal., or .final dedi n. PZ-22-13191 r 7' 02/07/23 IN WITNESS WHEREOF, the undersigned has set his hand and seal this p( q_ 43005� .20 -L( . WITNESSES: Sign urc 4,n&_ rnr__e-r So�ze_k Print Name Si nature Print Name STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE ) LEASEHOLD OWNER Rainbow Redevelopment, LLC, a Florida limited liability company By: Name: Matthew Rieger Title: Manager The foregoing instrument w s acknowledged before me, by means ofo- nhxsical nrF zg= OR online notarization, this day of A 2021 by Matthew Rieger, of Rainbow Redevelopment, LLC. Hem re�nally appeared be' -fore m is personally known to e or produced as identification. Hoary Pubke Sum d Floroa A'** Cec&a A Pecquet Name: +4 My C,,mmy0n HH 073590 �►a� E.p,res,2v+7rt02a Notary Public, State of Florida Commission No. � 'rk 0155,9V My commission expires: 1'a,. n . a•Gaq ACTIVE 58816573v3 Declaration of Restrictive Covenants Follio No. 01-3125-063-0020 APPROVED AS TO CONTENTS: Cesar Garcia -Pons, AICP, LEED, AP Planning Director Daniel Goldberg, Esq. Zoning Administrator APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, Esq. City Attorney ACTIVE 58816573v3 NOTICE This submktal needs to be scheduled for a public hearing In accordance with timelines setforth In the City of Miami Code. The applicable decision -making body will reNew Me Infonnabon at the pu bec hearing to render a recommendation or a final decid on. PZ-22-13191 02/07/23 Declaration of Restrictive Covenants Follio No. 01-3125-063-0020 NOTICE Thls submktat needsm to schedWed fare p0hearing �o,ean� wkh hmermes sn torah m the city & Miami mo . The applies Cie tlsisi making hotly will re�ewihe Inm,m on at the pebec hearing to re,d,,e recommends ., o, a final eeciaon. PZ-22-13191 02/07/23 Exhibit "A" Legal Description of the PropM TRACTS 2 AND 3 OF TOWN PARK SUBDIVISION NO. 1, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 85, PAGE 31, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA AND TRACT 22 OF TOWN PARK SUBDIVISION NO, 6, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 91, PAGE 88, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA. ACTIVE 588165730 Exhibit "C" City of Miami Ordinance 14052 411y!arR� NOTICE This submittal needs b te• acheduied b, s public hea,i,g In accortla,re wM1h tlmell,1 set forth in the City & Miami CWe. The appU-u' decision-m&'g bwywill rewewiheinbrmadon at the pubec hearing t, re,d,,e me,da ., o, a final decide,. PZ-22-13191 02/07/23 Aj Greenberg Traurig, P.A. I Attorneys at Law 333 Southeast Second Avenue I Suite 4400 1 Miami, FL 33131 1 T +1333 Southeast Second Avenue Suite 4400 Miami, FL 33131 T +1 305.579.05001F +1 305.579.0717+1 305.579.0717 www.gtlaw.com City of Miami rc Legislation Ordinance: 14052 File Number: 5310 Final Action Date: NOTICE Thls submittal needs W be schetluled far a pubc heal ng In accord—.M1 timelines sel forth in the City& Miami Cmde. The appliraHe—ision-ma Ning bmy will reWewthe Inbnnalton at the pubic hearing to render e me dtl ., nr a final decivon. rec PZ-22-13191 02/07/23 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21"); MORE SPECIFICALLY, BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS," TO MODIFY THE DEFINITIONS OF ATTAINABLE MIXED -INCOME HOUSING AND WORKFORCE HOUSING; BY AMENDING ARTICLE 3, SECTION 3.15, TITLED "AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO ADD NEW INCENTIVES INCLUDING A FLOOR LOT RATIO BONUS AND NEW MINIMUM UNIT SIZES FOR THE DEVELOPMENT OF PROJECTS PROVIDING HOUSING FOR MIXED -INCOME POPULATIONS AND TO PERMIT AFFORDABLE AND ATTAINABLE MIXED -INCOME DEVELOPMENTS ABUTTING A T3, "SUB -URBAN ZONE," TRANSECT ZONE BY PROCESS OF EXCEPTION WITH CITY COMMISSION APPROVAL; CLARIFYING LANGUAGE WITHIN MIAMI 21; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Mayor Francis X. Suarez, Commissioner Ken Russell WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted as the City of Miami's ("City") Zoning Ordinance ("Miami 21 Code"), was adopted; and WHEREAS, Article 2, Section 2.1.3.1(h) of the Miami 21 Code lists Affordable and Workforce Housing distribution throughout the City as a Guiding Principle; and WHEREAS, on or about February 23, 2017, modifications to Article 3, Section 3.15 of the Miami 21 Code were adopted by the City Commission that provided density bonuses for Mixed -Income Housing Developments; and WHEREAS, since the adoption of these modifications, the Planning Department has analyzed submitted projects that have taken advantage of the provisions of Article 3, Section 3.15 of the Miami 21 Code; and WHEREAS, the Planning Department has identified additional incentives that may encourage the development of additional Attainable Mixed -Income Housing Developments and benefit Attainable Mixed -Income Housing Developments currently seeking approvals; and WHEREAS, these incentives are smaller minimum unit sizes and additional Floor Lot Ratio ("FLR"); and WHEREAS, the intent of the Attainable Mixed -Income Housing Development provisions of the Miami 21 Code is to develop truly mixed -income developments; and City of Miami Page 1 of 7 File ID: 5310 (Revision: F) Printed On: 31312022 File ID: 5310 En / �ti1x'raF a WHEREAS, Attainable Mixed -Income Housing Developments may benefi NOTICE and financially, from the inclusion of a small percentage of market rate units; and hiceobmnalnea°smb °°�°ro inthb "n9 In accortlanre with hmellnes set forth in the City & MlamiCWe.Theappliesd b_1—n-rnaXing bWy will renew the nbnnalion at the pu bk hearing to rend a reeomme &U on ora fins l d.dd . WHEREAS, the provisions of Article 3, Section 3.15 of the Miami 21 Code PZ-22-13191 convey the requirements and benefits available for Attainable Mixed -Income Housin 02/07/23 Developments and the proposed modifications to said Section will provide additional c WHEREAS, throughout the City, it may be appropriate to permit Affordable and Attainable Mixed -Income Housing Developments that abut T3, "Sub -Urban Zone," Transect Zones; and WHEREAS, in order to permit Affordable or Mixed -Income Housing Developments that abut T3, "Sub -Urban Zone," Transect Zones, the Exception process with the additional oversight of City Commission approval will provide abundant safeguards to the process; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on November 7, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18- 061 by a vote of nine to zero (9-0), Item No. PZAB.9, recommending approval of the text amendment change as stated herein; and WHEREAS, the City Commission has considered whether the proposed text amendment as stated herein will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and other City regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed text amendment as stated herein, including changed or changing conditions that make the passage of this ordinance necessary; and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents to amend the Miami 21 Code for the purposes stated herein; NOW, THEREFORE, BE IT ORDAINED BY CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami 21 Code is further amended by making modifications to Article 1 in the following particulars:' "ARTICLE 1. DEFINITIONS 1.2 DEFINITION OF TERMS 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 7 File ID: 5310 (Revision: F) Printed on: 31312022 File ID: 5310 En Attainable Mixed -Income Housing: Attainable Mixed -Income Housing sha .deyelepmeF#Development Geply comprised of Extremely Low Incom Affordable Housing, and Workforce Housing; and may be subject to Dens 411y!arR� wn�ia� NOTICE Thls submittal needs to b°• achetluled for a public hearing synch wM1h tines set forth in the City& Miami Code. The applies de dslsion-ma ,,g bWy will re0—the Inbrmadon at the public hearing to render e ,�mendaticn or a final decidon. �PZ-22-13191 02/07/23 Workforce Housing: Workforce housing shall mean a Dwelling Unit, owner -occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is "o+�R above 60% percent #s and at or below 100% percent of Area Median Income as published by the United States Department of Housing and Urban Development and certified by the Department of Housing and Community and F=GeRemin Development. Section 3. The Miami 21 Code is further amended by making modifications to Article 3 in the following particulars:2 "ARTICLE 3. GENERAL TO ZONES 3.15 AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS The intent of the Affordable Housing special benefit program established in this section is to facilitate the development of high quality Affordable Housing in the City by providing development incentives, including, but not limited to, modifications of architectural/design standards and parking reductions. 3.15.1 As a pre -requisite to qualify as an Affordable Housing Development eligible for any of the special benefits described in Section 3.15, an applicant shall submit to the Office of Zoning a recorded covenant running with the land acceptable to the City of Miami confirming the property will meet the criteria in subsection (a) or (b) below for a period of no less than thirty (30) years from the date of the issuance of a final Certificate of Occupancy or Temporary Certificate of Occupancy, whichever is issued first, and Certification by the City's Housing and Community Development Department, or successor Department, that the proposed Development will provide: a. the .,r,,pesed Deyele.,. eRt will . pevide- A_minimum of eighty percent (80%) of the Dwelling Units (Multi -family or Elderly) as Affordable Housing serving residents at or below sixty percent (60%) of the area median income (AMI) as published by the 2 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 3 of 7 File ID: 5310 (Revision: F) Printed on: 31312022 File ID: 5310 En rel United States Department of Housing and Urban Development annua ereeeserd DeyeleemeRt is a mixed ORGeme building Code, that the proposed Development is a mixed -income building providin NOTICE ThI, submittals &. be scheduled br a pubic hearing In accordance wkh timelines set forth in the City of Miami CW,7he appk.c , decon-making bcdyvnit renew Ne inlonnado-n at the public hearing to render a recommendation or a final deciaon. PZ-22-13191 02/07/23 i_ forty percent (40%) of the units as Affordable Housing serving residents at or below sixty percent (60%) of AMI= or ii. ere„iidiRg at least twenty percent (20%) of the units as Affordable Housing serving residents at or below fifty percent (50%) of AMI, 06 Flet reStFiGted to set ferth in Artiole ^ Diagram Q of the Miami 71 f is de BMn M__7A ONN 3.15.2 As a pre -requisite to qualify as an Attainable Mixed -Income Housing Development eligible for any of the special benefits described in Section 3.15, an applicant shall submit to the Office of Zoning: a. Certification by the City's Housing and Community and F^e^eml^ Development Department that the proposed Development will provide a minimum of forty percent (40%) of the Dwelling Units as Affordable Housing serving residents at or below sixty percent (60%) of AMI, a minimum of ten percent (10%) of the Dwelling Units above sixty Dercent (60%) of the AMI and at or below eiahty Dercent (80%) of the AMI. a maximum of ten percent (10%) of the Dwelling Units at any price, and the remainder of the Dwelling Units WAWArne Hel I&i^^ above sixty percent (600/.) of the AMI and at or below one hundred percent (100%) of the AMI; or b. GCertification by the City's Housing and Community and F^e^eml^ Development Department that the proposed Development will provide a minimum of twenty percent (20%) of the Dwelling Units as Affordable Housing serving residents at or below fifty percent (50%) of AMI, a minimum of ten percent (10%) of the Dwelling Units above sixty Dercent (60%) of the AMI and at or below eiahty Dercent (80%) of the AMI, a maximum of ten percent (10%) of the Dwelling Units at any price, and the remainder of the Dwelling Units as %^(erLferne Hel &imi4 above sixty percent (60%) of the AMI and at or below one hundred Dercent (100%) of the AMI. 14c. All Developments under this Section must also submit Vv_erification that the proposed Development is within a quarter ('/4) mile of a Transit Corridor; or a half (14) mile of within a TOD area. sd. All Developments under this Section must also submit Aa recorded covenant running with the land acceptable to the City of Miami, confirming the property will meet the criteria in subsection (a) above for a period of no less than thirty (30) years from the date of the issuance of a final Certificate of Occupancy for homeownership or rental City of Miami Page 4 of 7 File ID: 5310 (Revision: F) Printed on: 31312022 File ID: 5310 En housing Development, with two (2) automatic ten (10) year extensio Development that contains any rental housing that may be released City Commission. Such covenant must also meet all other reguirem� those set forth in Chapter 62 of the City Code. 411y!ara� wn�ia� NOTICE Th1, submittals d, to b°• acheaolee ter a pubue hearing ,da with Ornellnee setforth inthe City& Miami Cede. The eppli.dh heel—n-maXing bedywill reOew the Information at the public hearing to rend,, e mendation er a final tledaon. PZ-22-13191 02/07/23 Aj 3.15.3 Affordable and Attainable Mixed -Income Housing Developments that are zoned T SQU abut a T3 ZeRe are not eligible for the provisions in Section 3.15. All Affordable and Attainable Mixed -Income Housing Developments where all Dwelling Units are at or below eighty percent (80%) AMI or that are Government or religious institution Developments, whether owned or leased by the City, County, CRA, or a religious institution, that abut a T3 Zone are permitted by Exception with City Commission approval in accordance with Article 4, Table 12. All Affordable and Attainable Mixed -Income Developments that share a property line with a T3 Zone shall provide a buffer appropriate to the context in accordance with Article 4, Table 12. Affordable and Attainable Mixed -Income Housing Developments that are zoned T4 or abut a T4 Zone shall require a Warrant for consideration under Section 3.15. 3.15.4 In place of any conflicting provisions elsewhere in this Code, Affordable and Attainable Mixed -Income Housing Developments may be developed in accordance with the following, subject to a Warrant: a. Height 1. T4: Maximum building height of 40 feet with no limitation on the number of Stories for homeownership Development; 4-2. T5: Maximum building height of 75 feet with no limitation on the number of Stories; 2-3. T6-8: Maximum building height of 125 feet with no limitation on the number of Stories; �34. T6-12: Maximum building height of 240 feet with no limitation on the number of Stories; b. Intensity 1. T6-8: An Attainable -Mixed Income Development that utilizes the provisions of Section 3.15.6.a may receive an additional twenty-five percent (25%) bonus FLR. c. Minimum Size 1. A one -bedroom Dwelling Unit shall have a minimum size of five hundred (500) square feet. 2. A two -bedroom Dwellina Unit shall have a minimum size of six hundred (600) square feet. d. Parking may extend into the Second Layer above the first Story along all Frontages. The Fagade of a parking garage that is not concealed behind a Habitable Liner shall be screened to conceal from view all internal elements including, but not limited to, vehicles, plumbing pipes, fans, ducts and all lighting. The size, location, and materials for such screening elements shall be reviewed by Waiver with referral to the Planning Department. City of Miami Page 5 of 7 File ID: 5310 (Revision: F) Printed on: 31312022 File ID: 5310 3.15.5 En e. Development in T6 Zones shall be exempt from complying with the contained in Sections 5.6.1 (h) and 5.6.2 (b). 4-.f. Pedestrian or Vehicular Cross Block Passages shall not be required 411y!arR r NOTICE This s�bnMal needs m he&ied mr a pbk heahng In accond—wM1h hmellnes set forth in the City & Miami CWe. The appliwde be -n- naXing bWy will rewewthe inbrmation at the pubc hearing to n,nde, e recommendation nr z final d.dd.,. PZ-22-13191 02/07/23 Aj e-g_ Development Abutting two (2) or more Thoroughfares shall have only one (1}`64 Principal Frontage and shall not be subject to the minimum Principal Frontage Line requirement. Determination of which Frontage is to serve as the Principal Frontage shall be made by the Planning Director upon request by the Zoning Administrator. h. Development shall not be subject to maximum Lot Area requirements. g-. i_ Setback requirements above the eighth floor may be modified by Waiver for Development in T6 Zones. e. Affordable or Attainable Mixed -Income Housing Developments whose parking has been reduced under the terms set forth in Section 3.15 will continue to operate under the recorded covenant described in Subsection 3.15.1{b�) or 3.15.2{bi), until parking requirements applicable at the time of release are met. 3.15.6 In addition to the Development incentives listed above, Attainable Mixed -Income Housing projects shall be afforded Density bonuses as follows; a. Any Development that meets all the required criteria in Subsection 3.15.2 (a) and 3.15.2(b) and provides a minimum of ten percent (10%) of the Dwelling Units as Extremely Low Income as defined herein shall be provided eRe (1 ` additi Ral „„;+ „f Deasityper ttaiRable_%n1„rUf„r,.o He tsiRg t Rif provided a one hundred percent (100%) Density bonus. The Development after the Density bonus shall maintain the Affordable and Workforce Housing mix described in 3.15.2(a) or 3.15(b), whichever is appliable, and shall provide ten percent (10%) of the Dwelling Units as Extremely Low Income Housing for the entire Development. Any Development that meets all the required criteria in Subsection 3.15.2 (a) and 3.15.2(b) and provides a minimum of five percent (5%) of the Dwelling Units as Extremely Low Income as defined herein shall be provided eRe half (42) additi Ral of DeRs+ty AttaiRable_%n1„rUf„r,.o He tsoRg t Rif provided a fifty percent (50%) Density bonus for rental Development or a one hundred percent (100%) Density bonus for Development that is entirely comprised of homeownership units. The Development after the Density bonus shall maintain the Affordable and Workforce Housing mix described in 3.15.2 (a) or 3.15(b), whichever is 3.15(b), whichever is appliable, and shall provide five percent (5%) of the Dwelling Units as Extremely Low Income Housing for the entire Development. City of Miami Page 6 of 7 File ID: 5310 (Revision: F) Printed on: 31312022 File ID: 5310 En Section 4. It is the intention of the City Commission that the provisions of shall become and be made a part of the Miami 21 Code, which provisions may bE or realtered and that the word "Ordinance" may be changed to "section", "article", appropriate word to accomplish such intention. NOTICE This submittal needs b be sch.&W d br s pubk hearing in er<ortlana wM1h tlmellnes set forth in the City & A,—CWe.Th appi-dedecision-maXingi,Wywill reM—w inbrmationatthepubec hearingtorend e re�nmmenaatinn nrennal aeudnn. PZ-22-13191 02/07/23 Aj Section 5. Any Development that received certification by the Housing and Coff Development Department pursuant to the requirements in place at time of certification prlo the effective date of this Ordinance may proceed under the original certification. Section 6. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. This Ordinance shall become effective ten (10) days after final reading and adoption thereof.3 APPROVED AS TO FORM AND CORRECTNESS: 1 1 ria dez, Cify Attor ley 10/1/2021 ria dez, ity ttor I iey 3/4/2019 1 1 Vft6ria-Wndd'z, Cify Attor iey 2/1112020 ria dez, ity ttor I iey 10/1/2021 1 ria F dez, ity Attor iey 1 /2812022 3 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 7 of 7 File ID: 5310 (Revision: F) Printed on: 31312022 Exhibit "D" Affordable Housing Certification 411y!arR� NOTICE This submittal needs b te• acheduied b, s public hea,i,g In accortla,re wM1h tlmell,1 set forth in the City & Miami CWe. The appU-U' decision-m&'g bwywill rewewiheinbrmadon at the pubec hearing t, re,d,,e me,da ., o, a final decide,. PZ-22-13191 02/07/23 Greenberg Traurig, P.A. I Attorneys at Law 333 Southeast Second Avenue I Suite 4400 1 Miami, FL 33131 1 T +1333 Southeast Second Avenue Suite 4400 Miami, FL 33131 T +1 305.579.05001F +1 305.579.0717+1 305.579.0717 www.gtlaw.com CITY OF MIAMI AFFORDABLE HOUSING CERTIFICATION RAINBOW VILLAGE RAINBOW REDEVELOPMENT, LLC/HOUSING TRUST GROUP. LLC 3225 AVIATION AVENUE 16TH FLOOR COCONUT GROVE, FL 33133 2000 NW 3RD AvENUE, MIAMI, FL 33127 01-3125-063-0020 1. MIAMI 21 AFFORDABLE HOUSING (ARTICLE 3 SUBSECTION 3.15.1) MINIMUM 80% OF UNITS FOR TENANTS AT OR BELOW 60% AREA MEDIAN INCOME C p'N yV NOTICE Thls submittal needs to be sch.dWed b, a p0k hexhng — wkh eme11— set ronh m the City m mi— Code. The applude tlecision-making bWy will reVewihe information at the pubec hearing to mode, a mentlation or a final deciaon. PZ-22-13191 02/07/23 AT LEAST 40% OF UNITS FOR TENANTS AT OR BELOW 60% AREA MEDIAN INCOME IN A RESIDENTIAL DENSITY INCREASE AREA AT LEAST 20% OF UNITS FOR TENANTS AT OR BELOW 50% AREA MEDIAN INCOME IN A RESIDENTIAL DENSITY INCREASE AREA 2. MIAMI 21 ATTAINABLE MIXED -INCOME HOUSING (ARTICLE 3 SUBSECTION 3.15.2) AuPgO.wON0fgwAm#hwmIE,WXf0*C0wNOOS/NOSf000N3./51/0/SIBfW/iNW:INgEOfATRAMSITCOgq/0090gsi/REOfA1R/NS//Ogl flV0/5/q/CT IN ADDITION TO THE REQUIREMENTS BELOW CERTIFICATION APPLICANTS FOR ATTAINABLE MIXED INCOME HOUSING SEEKING A DOUBLE DENSITY BONUS MUST SET ASIDE 10% OF THE UNITS FOR TENANTS MAKING 30% OF AREA MEDIAN INCOME OR LESS AND CERTIFICATION APPLICANTS SEEKING ONE HALF DENSITY BONUS MUST SET ASIDE 5% OF THE UNITS FOR TENANTS MAKING 30% OF AREA MEDIAN INCOME OR LESS. X MINIMUM 20% OF UNITS FOR TENANTS AT OR BELOW 50% AREA MEDIAN INCOME & REMAINING UNITS FOR WORKFORCE HOUSING. MINIMUM 40% OF UNITS FOR TENANTS AT OR BELOW 60% AREA MEDIAN INCOME & REMAINING UNITS FOR WORKFORCE HOUSING 3. MIAMI 21 ATTAINABLE WORKFORCE HOUSING (ARTICLE 3 SUBSECTION 3.16.1) ALL nU#SO9q/97Mff1S=T —MULTI-FAMILY HOUSING CONSISTING OF A MINIMUM OF'A OF THE UNITS FOR TENANTS ABOVE 60% OF AREA MEDIAN INCOME AND AT OR BELOW 80% OF AREA MEDIAN INCOME AND A MINIMUM OF �/2 OF UNITS FOR TENANTS ABOVE 80% AREA MEDIAN INCOME AND AT OR BELOW 120% AREA MEDIAN INCOME AND THE REMAINING UNITS FOR TENANTS ABOVE 60% AREA MEDIAN INCOME AND AT OR BELOW 140% AREA MEDIAN INCOME. 4. OTHER IMPACT FEE DEFERRAL PROGRAM ONLY X REZONING HTG HAS BEEN SELECTED AS THE MASTER DEVELOPER OF THE RAINBOW VILLAGE /GWEN CHERRY SITE ("PROJECT SITE"), WHICH CURRENTLY CONSISTS OF 136 PUBLIC HOUSING UNITS ON 10.3 ACRES. HTG PROPOSES TO DEVELOP THE PROJECT SITE WITH 1,014 MIXED - INCOME UNITS BUILT IN 4 PHASES, INCLUDING 136 RAD UNITS, SUBJECT TO THE APPROVAL OF THE PROJECT SITE REZONING TO T-5 UNDER THE MIAMI 21 ZONING CODE SUCCESSIONAL ZONING PROCESS BY THE CITY OF MIAMI. THE PROPERTY IS ZONED T4-L AND LOCATED WITHINI/4 MILE OF A TRANSIT CORRIDOR Page 1 of 3 Version 10/01/2020 • WE ARE SEEKING A DOUBLE DENSITY BONUS. NOTICE HEIGHT —THE PROPOSED HEIGHT OF 75' WITH NO LIMITATIONS ON STO Thiesabmkalneebsm�, haba�ero,apeb� hearing ccortlanre wkh tlmellnes set forth in the City& Miami CWe. Theapplu de tlecisi ma king bWy will re�ewihe information at the pe bk hearing t. rend dtl final d.d. SETBACK -NO WAIVERS ARE REQUIRED. nxomme on or s n. PZ-22-13191 02/07/23 PARKING —THE 35% REDUCTION IN PARKING IS BY RIGHT, NO WAIVER IS REQ Amen ewfManna MAXIMUM AFFORDABLE SALES PRICE AS DETERMINED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PURCHASE PRICE LIMITS FOR THE CITY OF MIAMI --SEE LINK: https://www.miamigov.com/Residents/l dousing/Apply-for-First-Time- Homebuyer-Assistance. [THE MAXIMUM AMOUNT CURRENTLY APPROVED BY THE CITY OF MIAMI COMMISSION IS $261,000 FOR EXISTING HOMES AND $276,000 FOR NEW HOMES AFFORDABLE UNITS ANDIOR WORKFORCE UNITS: # OF UNIT RENT UNIT TYPE UNITS SIZE 30% 50% 80% 140% • 100 576 100@$2,240 -� 343 676 18@$514 18@$857 290$1,372 278@$2,401 -� 423 1,046 35@$617 35@$1,028 39@$1,646 314@$2,880 Me 130 1,121 40@$713 39@$1,188 4@$1,902 47@$3,328 12 1,342 6@$795 6@$1,326 Me 6 •- 1,550 3@$877 3@$1,463 • 1,014 891 102 101 72 739 Page 2 of 3 Version 10/01/2020 CITY OF MIAMI INComs LIMITS AND SOURCE FOR FY 2020 BY e jCOkIV IN HOUSEHOLD * NOTICE % AMI SOURCE OF INCOME LIMIT 1 bmn,t reed,m—h.d��d m, p0fi. nexhng .,d—wk dm„siressetfont it the My or 30 % Florida Housing Finance Corporation Multifamily Rental Hogrmns $19,200 i—od code. me epplude aeci,— —km9 bWyW[l the information d the public — to render a 50% Florida Housing Finance Corporation Multfamily Rental Programs $32,000 rt .--da .,o„final d.d. r. PZ-22-13191 60% Florida Housing Finance Corporation Multifamily Rental Programs $38400 $ 02/07/23 80% Florida Housing Flna ce Corporation Multifamily Rental Programs $51,200 $58, 120% Florida Housing Flnarce Corporation Multifamily Rental Progmms $76,800 $87,840 140% Florida Housing Finance Corporation Multifamily Rental Programs $89,600 $102,480 $115,220 CITY OF MIAMI RENT LIMITS AND SOURCE FOR FY 20202 BY NUMBER OF BEDROOMS IN UNIT *: % SOURCE OF RENT LIMITS 0 1 2 3 30 % Honda Homing Finance CotpomtionMultifmnilpRental Pmgrmns $480 $514 $617 $713 50% Florida Housing Finance Cotporalion Afultifamity Rental Hogrmns $800 $857 $1028 $1,188 60% Florida Housing Finance Corporation Aluitifamily Rental Programs $960 $1029 $1,234 $1,426 80% Florida Noosing Finance Corporation Multifamily Rental Progrmns $1,280 $1,372 $1,646 $1,902 120% Florida Homing HnanceCoyorationAfultifamityRental Programs $1,920 $2,058 $2,489 $2,853 140% FlondaHoming Finance CorpomNontfullifamilpRental Prognans $2,240 1 $2,401 1 $2,880 $3,328 *APPLICANTS RECEIVING HOME FUNDS WILL BE REQUIRED TO COMPLY WITH HOME GUIDELINES FOR RENT AND INCOME LIMITS T.TST TRR NRMRRR t)v RACR TYPR AR RRDROnM TTNTTR RRRVTNC: RACFf TNtTAMR T.RVRT. PERCENTAGE OF AREA MEDIAN INCOME 30% 50% 60% 80% 120% 140% MARKET RATE NUMBER STUDIO 100 OF 1BR 18 1 18 29 278 BEDROOMS 2BR 35 35 39 314 3BR 40 39 4 47 4BR 6 6 5BR 3 3 TOTAL 102 101 72 739 NUMBER OF PERSONS ASSISTED PER UNIT: Unit Type Persons Studio 1.0 1 Bedroom 1.5 2 Bedrooms 3.0 3 Bedrooms 4.5 4 Bedrooms 6.0 5 Bedrooms 7.5 TOTAL PROJECT DEVELOPMENT COST: $300,000,000 DEVELOPMENT SCHEDULE: COMMENCEMENT OF CONSTRUCTION OCTOBER 2021 50% COMPLETION NOVEMBER 2022 COMPLETION OF CONSTRUCTION DECEMBER 2023 LEASE -UP OF UNITS/SALE OF UNITS JANUARY 2025 CERTIFICATION BY DEVELOPER -APPLICANT Page 3 of 3 Version 10/01/2020 DEVELOPMENTS THAT RECEIVE AFFORDABLE OR WORKFORCE HOUSING INCENTIVES OR BENEFITS 744 \9 IN jCMkeV DEPARTMENTS, INSTRUMENTALITIES OR COMMUNITY REDEVELOPMENT AGENCIES, INCLUDING FINANCING (INCLUDING FEDERAL, STATE OR LOCAL FUNDING VIA THE CITY), GRANTS IN KIND OR O NOTICE FEE WAIVERS OR DEFERRALS, PARKING WAIVERS OR REDUCTIONS, ETC., SHALL COMPLY WITH THE R Thi,sabmk atreetls ° be ach.dWed br z p0k hexing OF MIAMI ORDINANCE 13645 (RESIDENT PREFERENCE) AND CITY OF MIAMI ORDINANC°tlan�whmain inthaCiy� Miami Cotle. The appliwde tlecision-making hotly will reMewihe information at the pub4c hearing to rentler a NOTIFICATION). YOU CAN ACCESS THESE ORDINANCES BY VISITING: HTTP://M[AMIFL.IOM2.COM/. FAIL THE CITY OF MIAMI ORDINANCES CITED ABOVE MAY SUBJECT THE APPLICANT TO CIVIL AND/OR CRIM PZ-22-13191 02/07/23 I HEREBY CERTIFY THE INFORMATION SUBMITTED ON THIS APPLICATION FOR RAINBOW VILLAGE (NAME OF PROJECT) IS TRUE, ACC COMPLETE. I FURTHER CERTIFY THAT I HAVE READ THE ENTIRE APPLICATION AND ACKNOWLEDGE BUILDING PERMITS ISSUED FOR THIS PNQ CONDITIONED UPON COMPLIAPiREYFrH THE SPECIFICATIONS ABOVE. Matthew Rieger Applicant's Signat e: Date:I 1/18/2020 mattr@htgf.com Applicant's printed name Title: Manager Office Phone#:305-860-8188 Email mattr@htgf.com This application is void ]year after date of approval, if applica t has not recorded a Restrictive Covenant with Miami -Dade County' Recorder's Office. IfAjter 365 daps applicant has jailed to record a Restrictive Covenant with the Miami -Dade County Recorder's Office all Impact fee deferrals, ajfordabiliry• verifications and a j, other Miami 21 benef7ts are void as to this project. CERTIFICATION BY DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT I (FOR DHCD USE ONLY)THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT REVIEWED THE INFORMATION ABOVE AND DETERMINED THE APPLICANT'S PROJECT CONSIST OF UNITS AND IS: % AFFORDABLE WITH AFFORDABLE UNITS; _ WORKFORCE UNITS AND __MARKET UNITS _% WORKFORCE UNITS AND _ . __ _MARKET UNITS _100% ATTAINABLE MIXED INCOME WITH AFFORDABLE UNITS AND WORKFORCE UNITS ( % AFFORDABLE AND % WORKFORCE) _100% ATTAINABLE WORKFORCE WITH A MINIMUM OF 50% OF UNITS BETWEEN 80% & 120% AMI ( UNITS= %), AND A MINIMUM OF 25% UNITS BETWEEN 60% & 80% AM ( UNITS= %a), AND THE REMAINING UNITS BETWEEN 60% AMI AND 140% AMI ( UNITS= %)) APPLICATION APPROVAL NUMBER 20 Charles McKinnon Contract Compliance Analyst Date Reviewed: C:UI% Documents\FORTIS\Planning's \ffordahilit% Forin.doe Alfredo Duran Assistant Director Date Reviewed: Page 4 of 3 Version 10/01/2020 Mt i COUNTY VIA E-MAIL August 4, 2020 Mr. Francisco Garcia City of Miami Director of Planning and Zoning 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33131 fgarcia@miamigov.com Public Housing and Comr 701 N T 786-469-4 Re: Rezoning Application PZ-20-7953 / 2000 NW 3rd Avenue (the "Property") Dear Mr. Garcia: C re'N yV NOTICE Thls submittal needsto be echedu�dbr a p0k hearing �.rdan� wkh emerme� get torah m the Citym MI_ Code. The applude dsision-making bWy will reVewthe information at the public hearing to render a recommendation or a final deciaon. PZ-22-13191 02/07/23 Housing Trust Group, LLC ("HTG") is the ground lessee of the above -referenced Property, which is owned by Miami -Dade County (the "County") Public Housing and Community Development. In furtherance of HTG's efforts to redevelop the Property, HTG has applied to the City of Miami for a rezoning of the Property from T4-L to T5-0 under the City of Miami Process No. PZ-20-7953 (the "Rezoning Application"). A copy of HTG's letter of intent in support of the Rezoning Application is enclosed. This letter shall serve as written confirmation by the County that HTG and Greenberg Traurig are authorized to process any and all applications in connection with the redevelopment of the Property, including but not limited to the Rezoning Application and any future site plan application. If you have any questions, please do not hesitate to contact me. Sincerely, Michael Liu Director "I OF CA 4 Fr1¢ti- CITY OF MIAMI AFFORDABLE HOUSING CERTIFICATION RAINBOW VILLAGE PHASE I RGC PHASE I, LLC 3225 AVIATION AVENUE 6TH FLOOR COCONUT GROVE, FL 33133 PROJECT ADDRESS: 2000 NW 3R'D AVENUE, MIAMI, FL 33127 FOLIO NUMBER: 01-3125-063-0020 PROJECT AREA: 3.76 ACRES OF THIS 10.3 ACRE FOLIO NUMBER. 1. MIAMI 21 AFFORDABLE HOUSING (ARTICLE 3 SUBSECTION 3.15.1) NOTICE i ,submittal needs.. schedu led for a pu bGc hearing aord"" with timelines set forth in the City'f Miami Cw, The applicade decision -making body will renew bielnfomn ,at the pubk hearing t, renders recomr da .l or a final deans PZ-22-13191 \ 02/07/23 _MINIMUM 80% OF DWELLING UNITS (DU'S) FOR TENANTS AT OR BELOW 60% AREA MEDIAN INCOME (AMI) (ELDERLY OR MULTI-FAMB.Y) MINIMUM 40% OF DU'S FOR TENANTS AT OR BELOW 60% AMI IN A RESIDENTIAL DENSITY INCREASE AREA (MULTI-FAMn.Y) MINIMUM 20% OF DU'S FOR TENANTS AT OR BELOW 50% AMI IN A RESIDENTIAL DENSITY INCREASE AREA (MULTI -FAMILY) 2. MIAMI 21 ATTAINABLE MIXED -INCOME HOUSING (ARTICLE 3 SUBSECTION 3.15.2) ! llJfL7sAFPLYIN6Ui77tA3/S.�NfISTBfW1DNNi�N1[fofATNA Nf9WffB9MFffi N/NATRANS 9RfMfvll9N1Z! MINIMUM 40% OF DWELLING UNITS (DU'S) AT OR BELOW 60% AREA MEDIAN INCOME (AMI); AND MINIMUM 10% OF DU'S ABOVE 60% AMI AND AT OR BELOW 80% AMI; AND MAXIMUM 10% OF DU'S AT ANY PRICE; AND REMAINDER OF DU'S ABOVE 60% AMI AND AT OR BELOW 100% AMI. X MINIMUM 20% OF DWELLING UNITS (DU'S) AT OR BELOW 50% AREA MEDIAN INCOME (AMI); AND MINIMUM 10% OF DU'S ABOVE 60% AMI AND AT OR BELOW 80% AMI; AND MAXIMUM 10% OF DU'S AT ANY PRICE; AND REMAINDER OF DU'S ABOVE 60% AMI AND AT OR BELOW 100% AMI. 2A. ATTAINABLE MIXED -INCOME HOUSING DENSITY BONUSES (SUBSECTION 3.15.6) —OPTIONAL PR&=fiW1Sfl BfxsmBaVff# STNEfThF01NRf =Mff3.151 X 100% DENSITY BONUS MINIMUM 10% OF DWELLING UNITS (DU'S) FOR TENANTS EARNING UP TO 30% AREA MEDIAN INCOME (AMI) 50% DENSITY BONUS MINIMUM 5% OF DU'S FOR TENANTS EARNING UP TO 30% AMI 3. MIAMI 21 ATTAINABLE WORKFORCE HOUSING (ARTICLE 3 SUBSECTION 3.16.1) uca,W97vMMAIT41MB[fTaAA7&WfffflT7R4#SfBxifNlfv&WIff MINIMUM 25% OF DWELLING UNITS (DU'S) FOR TENANTS ABOVE 60% OF AREA MEDIAN INCOME (AMI) AND AT OR BELOW 80% AMI; AND THE REMAINING DU'S FOR TENANTS ABOVE 60% AMI AND AT OR BELOW 100% AMI. 4. OTHER IMPACT FEE DEFERRAL PROGRAM ONLY Page I of 4 Version 5/4/2022 Kiv NOTICE HTG HAS BEEN SELECTED AS THE MASTER DEVELOPER OF THE RA This sobm"al needs w be scheCgled for a pa bec he,,,,g in CHERRY SITE C"PROJECT SITE" WHICH CURRENTLY CONSISTS OF 1 agraanrewdonattnesset hearingrth in to n,, Miami Code. The applica be decision -making body Wil resew Me Inf rrm.n n ti the pa tic hearing n rentler a nxommentlag on or a fina l tleciv on. UNITS ON 10.3 ACRES. HTG PROPOSES TO DEVELOP THE PROJECT S PZ-22-13191 UNITS BUILT IN 4 PHASES, INCLUDING 136 RAD UNITS. THE PROPERT 402/07/23 AND LOCATED WITHIN 1/4 MILE OF A TRANSIT CORRIDOR. THIS AFFORDABLE HOUSING CERTIFICATION PERTAINS ONLY TO PHASE 1 ("PHASE I'). PHASE I WILL CONSIST OF 310 UNITS IN A SINGLE BUILDING AND WILL BE LOCATED ON 3.76 ACRES OF THE PROJECT SITE AND WILL REPLACE 84 OF THE EXISTING PUBLIC HOUSING UNITS IN THE NEW DEVLEOPMENT UTILIZING THE HUD RAD PROGRAM. EACH SUBSEQUENT PHASE WILL SUBMIT IT'S OWN RESPECTIVE AFFORDABLE HOUSING CERTIFICATION AS NEEDED IN THE FUTURE. WE ARE SEEKING A DOUBLE DENSITY BONUS. HEIGHT - THE PROPOSED HEIGHT OF 75' WITH NO LIMITATIONS ON STORIES IS BY WARRANT SETBACK — NO WAIVERS ARE REQUIRED. PARKING — THE 35% REDUCTION IN PARKING IS BY RIGHT, NO WAIVER IS REQUIRED. Mi �� MAXIMUM AFFORDABLE SALES PRICE AS DETERMINED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PURCHASE PRICE LIMITS FOR THE CITY OF MIAMI --SEE LINK: https://www.miamigov.com/Residents/Housing/Apply-for-First-Time-Homebuyer-Assistance _ HE MAXIMUM AMOUNT CURRENTLY APPROVED BY THE CITY OF MIAMI IS $ 318,000 FOR EXISTING OR NEW HOMES W�M� MARKET RATE UNITS: i AFFORDABLE UNITS AND/OR WORKFORCE UNITS: AMI & Rent Unit Type # of Units Unit Size 60% 70% RAC Sec. 8 Studio 30 539 30 @ $1,195 1 BR 163 684 33 @$1,097 101 @ $1,280 29 @ $688 2 BR 85 1046 17 @ $1,318 45 @ $1,537 5 @ $866 18 @ $1,839 3 BR 28 1209 28 @ $2,442 4 BR 4 1356 4 @ $2,894 310 UNITS TOTAL IN PHASE I Page 2 of 4 Version 5/4/2022 CITY OF MIAMI INCOME LIMITS AND SOURCE FOR FY 2022 BY NUMBER OF PERSONS IN HOUSEHOLD * % AMI 1 2 3 4 5 30% AMI 20,490 23,400 26,340 29,250 31, 50% AMI 34,150 39,000 43,900 48,750 52,6 60% AMI 40,980 46,800 52,680 58,500 63,18 80% AMI 54,640 62,400 70,240 78,000 84,240 100% AMI 68,300 78,000 87,800 97,500 105,300 120% AMI 81,960 93,600 105,360 117,000 126,360 140% AMI 95,620 109,200 122,920 136,500 147,420 Source of Income Limits: FHFC Multifamily Rental Programs, except for 100% AMI, an extrapolation of FHFC data; All figures above in ($) CITY of MIAMI RENT LIMITS AND SOURCE FOR FY 2022 BY NUMBER OF BEDROOMS IN UNIT *: NOTICE This submittal needs fo tr• sah.dWed for a pobLc hearing 11 aord,n with timelines setforth in the City of Miami Cede. The appk.de decision-rna king body will renew bie infonna0on at the public hearing to render a -.o nda .,arafinaldeciaon. PZ-22-13191 02/07/23 % AMI 0 1 2 3 4 5 30% AMI 512 548 658 760 848 936 50% AMI 853 914 1,097 1,267 1,413 1,560 60% AMI 1,024 1,097 1,317 1,521 1,696 1,872 80% AMI 1,366 1,463 1,756 2,028 2,262 2,496 100% AMI 1,708 1,829 2,195 2,535 2,828 3,120 120% AMI 2,049 2,194 2,634 3,042 3,393 3,744 140% AMI 2,390 2,560 3,073 3,549 3,958 4,368 Source of Rent Limits: FHFC Multifamily Rental Programs, except for 100% AMI, an extrapolation of FHFC data; all figures above in ($) *APPLICANTS RECEIVING HOME FUNDS WILL BE REQUIRED TO COMPLY WITH HOME GUIDELINES FOR RENT AND INCOME LIMITS LIST THE NMBER OF EACH TYPE OF BEDROM UNITS SERVING EACH INCOAM LEVEL: PERCENTAGE OF AREA MEDIAN INCOME {AMI} 30% 50% 60% 80% 100% 120% 140% MARKET RATE NUMBER OF BEDROOMS STUDIO 30 1 BR 6 31 37 89 2 BR 23 1 5 20 37 3 BR 20 6 2 4 BR 3 1 5 BR NUMBER OF PERSONS ASSISTED PER UNIT: Unit Type Pennons Studio 1.0 1 Bedroom 1.5 2 Bedrooms 3.0 3 Bedrooms 4.5 4 Bedrooms 6.0 5 Bedrooms 7.5 TOTAL PROTECT DEVELOPMENT COST: $169,316,827 DEVELOPMENT SCHEDULE: COMMENCEMENT OF CONSTRUCTION JUNE 2023 50% COMPLETION JUNE 2024 COMPLETION OF CONSTRUCTION JULy 2025 LEASE -UP OF UNITS/SALE OF UNITS AUGUST 2025 CERTIFICATION By DEVELOPER -APPLICANT I Page 3 of 4 Version 5/4/2022 7N DEVELOPMENTS THAT RECEIVE AFFORDABLE OR WORKFORCE HOUSING INCENTIVES OR BENEFITS FROM THE INSTRUMENTALITIES OR COMMUNITY REDEVELOPMENT AGENCIES, INCLUDING BUT NOT LIMITED TO, FINANC NOTICE STATE OR LOCAL FUNDING VIA THE CITY), GRANTS IN KIND OR OTHER GRANTS, IMPACT FEE WAIVERS OR DEFERR REDUCTIQNS, ETC., SHALL COMPLY WITH THE REQUIREMENTS OF CITY OF MIAMI ORDINANCE 13645 {RESIDENT P IDissubmibalneedsto be scheduled fora public bea,,ng maugrean ewknbmeunea ae mnnmme city of MIAMI ORDINANCE 13491 (MARKETING NOTIFICATION). YOU CAN ACCESS THESE ORDINANCES BY VISITING: Miami Code, The applicable decision hotly will renew mein% �adnnatlne public hearing to n,nde,a tladan Ora final deci9on. FAILURE TO COMPLY WITH THE CITY OF MIAMI ORDINANCES CITED ABOVE MAY SUBJECT THE APPLICANT TO PZ-22-13191 PENALTIES. 02/07/23 I HEREBY CERTIFY THE INFORMATION SUBMITTED ON THIS APPLICATION FOR _ RainbOW Village Phase l (NA IS TRUE, ACCURATE AND COMPLETE. I FURTHER CERTIFY THAT I HAVE READ THE ENTIRE APPLICATION AND ACKNOWLEDG PERMITS ISSUED FOR THIS PROJECT ARE CONDITIONED UPON COMPLIANCE WITH THE SPECIFICATIONS ABOVE. APPLICANT'S GNA E DATE APPLICANT'S PRINTED NAME TITLE: MANIA ANAGER OFFICE PHONE #: 305-860-8188 EMAIL: MATTR@HTGF.COM This application is VOID one-year after Date of Approval if Applicant has not recorded a Restrictive Covenant with Miami -Dade County Recorder's Office. If after 365 days, the Applicant has failed to record a Restrictive Covenant with the Miami -Dade County Recorder's Office all Impact Fee deferrals, affordability verifications and any other Miami 21 benefits are VOID as to this project. CERTIFICATION BY DEPARTMENT OF HOUSING c& COMMUNITY DEVELOPMENT (FOR DHCD USE ONLY) THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT REVIEWED THE INFORMATION ABOVE AND DETERMINED THE APPLICANT'S PROJECT CONSISTS OF 310 UNrrS AND IS: IMPACT FEE DEFERRAL ONLY % AFFORDABLE WITH AFFORDABLE UNITS; WORKFORCE UNITS AND MARKET RATE UNITS X 100% ATTAINABLE MIXED INCOME WITH 102 AFFORDABLE UNITS AND 1 56VVORKFORCE UNITS _MARKET RATE UNITS 552 ELI UNITS (OPTIONAL) 100% ATTAINABLE WORKFORCE WITH A MINIMUM OF 25% OF UNITS BETWEEN 60% AND 80% AVERAGE MEDIAN INCOME (AMI) (_UNITS I= %)QAND THE REMAINING UNITS UNITS BETWEEN 60% AND 100% AMI NITS = %) Alberto Castell6n, Housing Development Coordinator Alfred , Assistant Director Date Reviewed: 11 /9/2022 Date Reviewed: Page 4 of 4 Version 5/4/2022 Gonzalez, Darlene (Para-Mia-LDZ- Subject: FW: Warrant PZ-21-10735 2000 NW 3 Av 411y!arR� NOTICE mis eobminal neeas m t Iheawee mr a p�bk hearing In accordance wiih emellnes sei forih in the Clly & Miami Cotle.7he applirade tlecision-making betlywill rewewthe inlonnalion al the pubic hearing to rentler e recon,reenaation or a anal ee�.ison. PZ-22-13191 02/07/23 From: Ellis, Jacqueline <JEllis@miamigov.com> Sent: Thursday, February 17, 2022 9:11 AM To: Neufeld, Marissa A. (SHLD-Mia-LDZ-RE) <neufeldm@gtlaw.com>; Gonzalez, Darlene (Para-Mia-LDZ-RE) <gonzalezdar@gtlaw.com>; Bailine, Ryan D. (Shld-Mia-LDZ-RE) <bailiner@gtlaw.com>; elonm@htgf.com Cc: Garcia -Pons, Cesar <CGarciaPons@miamigov.com>; Snow, David <dsnow@miamigov.com>; Goldberg, Daniel <DaGoldberg@miamigov.com>; Frost, Tamara <TFrost@miamigov.com>; Keirn, Jacob <JKeirn@miamigov.com>; Marcellus, Kimberly <KMarcellus@miamigov.com>; Echols, Megan <mechols@miamigov.com>; EplanPZ <eplanpz@miamigov.com> Subject: RE: Warrant PZ-21-10735 2000 NW 3 Av Good morning Marissa — Based on the history of Warrant application PZ-21-10735, the requirement for a formal pre -application meeting through e-Plan is waived. However Planning and your team must meet to ensure that all parties understand the request and the process for the Exception. With this in mind, Planning staff will reach out to you shortly to set up a Teams meeting. For clarity, Warrant application PZ-21-10735 cannot be "refiled" as an Exception, a new application for an Exception must be submitted through ePlan. Your team will need to provide written confirmation will be provide a confirmation that PZ-21-10735 is to be terminated. Feel free to reach out to me if you have further questions. Regards Jacqueline Jacqueline EIiis Chief of Land Develiopment Planning Department 444 SW 21d Avenue, 31d Floor, Miami, FL 33130 Phone: (305) 416-1446 Email: jellis@miamigov.com For E-Plan Info: enterpriseproiects@miamigov.com For Planning ePlan inquiries: eplanpz@miamigov.com To learn more about All Things ePlan, visit our website here. Join us at a training event, view and register for a class on Eventbrite. Subscribe to our Youtube channel to view training_ video. ePIAN From: neufeldm@gtlaw.com [mailto:neufeldm@gtlaw.com] Sent: Monday, February 14, 2022 11:14 AM 411y!arR� NOTICE mI, eob,nMa[ needs m he&ied mr a pbk heahng In azcond—wM1h hmellnes set forth in the City & Miami CWe. The appliwde be -n- naXing bWy will rewewihe inbrmation at the pubc hearing to n:ntler e --lotion nr z final d.dd.,. PZ-22-13191 02/07/23 To: Garcia -Pons, Cesar <CGarciaPons@miamigov.com>; Ellis, Jacqueline <JEllis@miamigov.com>; Snow, David <dsnow@miamigov.com>; Goldberg, Daniel <DaGoldberg@miamigov.com>; Frost, Tamara <TFrost@miamigov.com>; Keirn, Jacob <JKeirn@miamigov.com>; Marcellus, Kimberly <KMarcellus@miamigov.com>; Echols, Megan <mechols@miamigov.com> Cc: Gonzalez, Darlene (Para-Mia-LDZ-RE) <gonzalezdar@gtlaw.com>; bailiner@gtlaw.com; elonm@htgf.com Subject: RE: Warrant PZ-21-10735 2000 NW 3 Av Importance: High CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning City team — we wanted to reach out to regarding this application that has been paused for a bit. As you may recall, we were exploring options that would allow an affordable development on the property, while accounting for the T3 to our South. Fortunately, Ordinance 14052 adopted by City Commission last week on second reading elegantly solves this issue for us pursuant to the below amended Section 3.15.3 language. As such, we would like refile our Warrant Application PZ-21-10735 as an Exception as required by the new Ordinance. Given the numerous meetings/discussion that have previously taken place on this matter, please let us know if the "pre app" required under the Exception requirements may be deemed as satisfied so that we may proceed to file the application. We do not anticipate changing the design for our initial Exception submittal, since we had previously accounted for a transitional buffer along the South as required by the new Ordinance and Article 4/Table 12. We would appreciate your assistance in this regard so we can pick up a bit of time, given the current queue time for pre apps. We look forward to moving forward here and thank you for your assistance — 8.15.3 Affordable and Attainable Mixed -Income Housing Developments that are zoned T8 of abut a T2 ZaRe `c .(8n)AMl or that are CDvemment or religious institution Developments. whether owned or leased by the City Attainable Mixed -Income Developments that share a property line with a T3 Zane shall provide a buffer appfo Warrant for considerataon under Section 8.15. 411y!arR� NOTICE ThI, su bnitlsln d, b be achetlulee br a public h—ing In—nd, w8h timelines setforth in the City& Miami CWe. The appliwh, dz—n-naXing bWy will renew the inbrn ,at the pubc hearing I, rend,,e recomnenda nnz finald,,IW,n. PZ-22-13191 02/07/23 Aj Marissa A. Neufeld Shareholder Greenberg Traurig, P.A. 333 S.E. 2nd Avenue I Miami, FL 33131 T +1 305.579.0825 1 F +1 305.961.5529 neufeldm(cilgtlaw.com I www.gtlaw.com I View GT Biography ElGreenbergTraurig From: Echols, Megan <mechols@miamigov.com> Sent: Friday, August 6, 2021 9:33 AM To: Neufeld, Marissa A. (SHLD-Mia-LDZ-RE) <neufeldm@gtlaw.com>; Bailine, Ryan D. (Shld-Mia-LDZ-RE) <bailiner@gtlaw.com> Cc: Brown, Kemarr <KBrown@miamigov.com>; Ellis, Jacqueline <JEllisJEllis@miamigov.com> Subject: Warrant PZ-21-10735 2000 NW 3 Av *EXTERNAL TO GT* Hello, Due to previous conversations and the previous termination letter (attached) that was addressed to your team regarding the requirement to have a formal application for Plat Approval, we will be placing Warrant entitlement PZ-21- 10735 on pause in our system. The requested entitlement is not feasible on a property that has not been legally divided, and the land division process can take an extensive amount of time. To remove the application from Pause, please forward us appropriate documents that demonstrate that you have filed for Plat Approval. Please contact me if you have any questions. 9 Thank you, Megan ePLAN CSTr POLO"V� Megan Mahala Echols Planner II Nanning Department 444 SW 211 Avenue, 3rd Floor, Miami, FL 33130 Phone: 305-416-1485 Email: mechols@miamigov.com For E-Plan Info: enterpriseprojects@miamigov.com For Planning ePlan inquiries: eplanpz@miamigov.com To learn more about All Things ePlan, visit our website here. Join us at a training event, view and register for a class on Eventbrite. Subscribe to our Youtube channel to view training video. 411y!arR� NOTICE mie a.eminai neetls m re. e�neawetl mr a ph, C eeehn9 in ,CWr .n�wimemennes se<tonhmme cfiym MiamiCWe. Theappliwde tle,bk -m,gt —dy ,l renewthe inbrmation at the, ufi" hearing to rentler e nxommentlation or a final tleclvon. PZ-22-13191 02/07/23 Aj If you are not an intended recipient of confidential and privileged information in this email, please delete it, notify us immediately at postmaster@gtlaw.com, and do not use or disseminate the information. 411y!ark� NEW DISCUSSION COMMENT NOTICE Thls submittaln d, b be acheaolee b, a public hearing in emer�n. se ronh m the City & Miami CWe. The appliwde tleclsion-making bwywill -4 rewewihe inbrmation at the pu bac hearing to n:naer e nxomme,da .n orz fins l aecldon. P Hello W\, 02/07 0 Ryan , 02/07/23 / A new discussion topic and comment has been added to project- PZ-21-10735. Discussion Topic- Meeting 3/2/22 Warrant to Exception Category- ProjectFlow COMMENT PARTICIPANT Staff met with Applicants. Applicant is withdrawing the Warrant application, as legislative changes have occurred that would prevent the previous need to replat in order to move Megan Echols forward with the Warrant. Staff will try to have the new application assigned to the staff which was assigned to the staff assigned to this warrant. To access this project, please click on "Open Project" below. To access this project Please do not reply to this email. NOTICE t P R t9 Thls submittal neeasmbe. sr,hea�lee mrap�ben hearing In accortlanre wRh timelines set forth in the City of TY# iami Miami CWe. The appU-de rna becion ls-Ning bWywil ewew he rim maw at the p bgn heagring to entler e ree mew h. abnalee O PZ-22-13191 BUILDING DEPARTMENT 02/07/23 Transaction Statement Financial Transaction ID: 863228 RYAN BAILINE Transaction Date: Apr 6 2022 2:14PM Permit Number: PZ2213191 (305)579-0508 FEE SUMMARY Fee Category Fee Code Fee Description Quantity Unit Type Amount ZONING MS-045 MFR/ EXCEPTION 0.0000 N/A $3,000.00 Total: $3,000.00 Rev. Jul/02/2012 Generated on Apr/06/2022 2:17 PM Concurrency Management System (CMS) Miami -Dade County Public Schools 411y!araa NOTICE mie e.b d,lnestlemb°.e�hea�ieemri phbu�ty& in a�ortlan� wim emennes se<tonn m me ciri m Miami Cotle. The applirzde tlecleion-making hotly will rewewtheinbrmation at the pubic hearing to rentlere nxommentlati ono afinal—"gt. Miami -Dade County Public Schools PZ-22-13191 02/07/23 Concurrency Management System School Concurrency Determination • MDCPS Application Number: SP0122032900140 Local Government (LG): Miami Date Application Received: 3/29/2022 10:57:35 AM LG Application Number: PZ-22-13191 Type of Application: Site Plan Sub Type: Redevelopment Applicant's Name: PZ-22-13191 2000 NW 3 AV Address/Location: 2000 NW 3 AV Master Folio Number: 0131250630020 Additional Folio Number(s): PROPOSED # OF UNITS 312 SINGLE-FAMILY DETACHED UNITS: 0 SINGLE-FAMILY ATTACHED UNITS: 0 MULTIFAMILY UNITS: 312 • •• Net Available Seats Seats Los Name CapacityEWFacility Source Type —a 1441 PAUL LAURENCE DUNBAR K-8 CENTER (ELEM 0 13 0 NO Current CSA COMP) 1441 PAUL LAURENCE DUNBAR K-8 CENTER (ELEM 0 13 0 NO Current CSA Five Year Plan COMP) 6361 DOSE DE DIEGO MIDDLE -107 5 0 NO Current CSA 6361 DOSE DE DIEGO MIDDLE 0 5 0 NO Current CSA Five Year Plan 7791 BOOKER T WASHINGTON SENIOR 18 6 6 YES Current CSA ADJACENT SERVICE AREA SCHOOLS 881 COMSTOCK ELEMENTARY 346 13 13 YES Adjacent CSA 6091 CITRUS GROVE MIDDLE 183 5 5 YES Adjacent CSA *An Impact reduction of 31.81% included for charter and magnet schools (Schools of Choice). MDCPS has conducted a public school concurrency review for this application and has determined that it DOES MEET (Concurrency Met) all applicable LOS Standards for a Final Development order as adopted in the local Government's Educational Element and incorporated in the Interlocal Agreement for Public School Facility Planning in Miami -Dade County. Master Concurrency Number: MA0122032900140 Total Number of Units: 312 Issue Date: 4/5/202 1:56:11 PM Expiration Date: 4/5/2023 1:56:11 PM Capacity Reserved: E ary:13 / Mid :5 Seni : 6 y MDCPS Administrator MDCPS Authorized Signature 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7285 / concurrency@dadeschools.net r y IL LLL�— JJ IL -_JL� ,r I'I 1- dl =,� 6 d I n II IUI -- -� - I i _ 1 - - NW 20TH STREET NW 20TH STREET T- Nw STF I r CRCF 5IC SCPLE IN FEET NORTH L� 43.66 O "Off 7.33 22.33 City of Miami Aerial Fire Truck feet Width 8.00 Track 8.00 Lock to Lock Time 6.0 Steering Angle 45.0 ® Turning Performance Analysis D3rosrzD1B Bltl NumBer. 08s lry DsperbnenL Cof Mlaml Ch,bi s: A nPtMiamomR Body: Aerial. Plctla�msl0tl NO Pump Alum Body - ' _ __- Inside Cmmp Angle: 45' -- n ��mtic: 02.251 ORae °•• =^°• dn. cbasaia aemang: Be Tread WIdIM1: 10.3 Di Adronel Bumper DWI,: : 19 in. VUTealbaee 200In nalceulated Turning Radii: ]t It 31n. embed,: 34n 111b. waluo wall: as n.aln. comm.ma: La..T...o a..� Glegpry Opt- Oeudptlpn rant, Cuamm root M, OaMmab-1, Non Orlve, 22,BOO III 00nIAM/OCF I 1MB' x 12.25'. —1. Hub Pibt TIC Fro Bunpem Aedel DeNws o5B0000 TIrea, Fmnt,Goodyear, G290 WHq 62585R22.50, 20 by 05s0010 Bumper. 19Exbnded. Armes Jn O 1.1 Aerial, 100' Pierce Piadprm, 35 MPH Wind Rdbg, —b Tip Lgad Plbwsn� Nolx: —.1I—cramps 4 may be lase due to highly aped-WopU— Cum lb_ timing _I ce1—br 9.00 i- cub. SHEET NUMBER Kim e-IID rn RHAPSODY AT RAINBOW VILLAGE FIRE TRUCK MANEUVERABILITY 355 ALRAMRRA B'I, FL T3,T4 EX-01 I I II 6 T �I f---jL r J l Nw I --------------------------'-,I T i i 1 y - — — —_—_—_- -. — -- -- NW 20TH STREET NW 20TH STREET GRAD 5IC SCALE IN FEET NORTH 43.66 O"Off 7.33 22.33 City of Miami Aerial Fire Truck feet Width : 8.00 Track : 8.00 Lock to Lock Time : 6.0 Steering Angle : 45.0 ® Turning Performance Analysis D3rosrzD1B Bltl NumBer. 08s Dsperhn.nL Clry.Mlaml Lxssls: A nPtMitlmourR Body: Aedal, 111 10b NOPump Alum Body - - - _-- Parameters: - — . --- Insitle Cmmp Angle: 45' / - WTeaTlmtic: 02.251n OR e .......... 3 . Tread WIdIM1: 10.in cbas.i. apmare: Be s9 n. Atltl0ionel Bumper DepiM1: -I r - 11: n..amew WTeslbaee 200In -- nalceuWed Turning Ratliff: 21 It 31n. - arbead,: aTftnm. ' La walla"11: esfteln. comma..: L.L.T...1 a..� Glegpry Opt- Oeudptlen rant, Cusmm root ., OSMmsb-1, Non ONve, 22,BOO III 00nIAM/OCF 1MB' x 12.25'. —1. Hub PII I T1ma, Fm Bunpem —1 DeNws o5B0000 TIrea, Fmnt, Goodyear, G-1 WHA, 62585R —, PO by o550010 Bumper. 19Exlanded. Armes -1.1 Aerial, 10o' Pierce Piadarm, 35 MPH Wind Rdbg, 4o01b Tip Lcatl Plbwsn� —1 —IIrelds.ampslabmaybelea.duebblI, epetlallzed optlore. —b --IhH-1 c.1—for 9.00 i-cub. SHEET NUMBER Kim e-IID rn RHAPSODY AT RAINBOW VILLAGE FIRE TRUCK MANEUVERABILITY 355 ALRAMRRA RL11, FL T31T4 EX-02 fled `,1 k - I " r -- s AWI <eav NOTICE From: Beniamin Besunder To: Romeu. Patricia (CUA); Sanfilippo. Amanda (CUA TM1,sobmMd [ eetl,b° he&o d° rapobkh.,,^9 Cc: Gonzalez. Bianca (CUA); Elon Metover; Jordan Finkelman; Justin Tuttle In accortlanre wM1h tlme1—set forth i, the City & wil „.'m bye o''tthe°p�bkh a;;,'9 , d,, Subject: RE: Rainbow Village: APP Collaboration Next Steps m da .,., a e,ei eedd., PZ-22-13191 Attachments: imaae001.ipa imaae002.ipa 02/07/23 imaae005.ipa Copv of APP - Proiect Allocation Worksheet Rev022022 - 6-1-22.xls • Good Afternoon Patricia, We have received the worksheet and went ahead and filled it out. We are excited to see the proposal and the opportunities you will present for our unique development. Have a good evening! Respectfully, Benjamin Besunder Development Coordinator benb@htgf.com O 305-860-8188 x402 I D 786-633-6357 3225 Aviation Ave 16th Floor Coconut Grove, FL 33133 This message and its contents are confidential. If you received this message in error, do not use or rely upon it. Instead, please inform the sender and then delete it. Thank you. From: Romeu, Patricia (CUA) <Patricia.Romeu@miamidade.gov> Sent: Wednesday, June 1, 2022 12:39 PM To: Benjamin Besunder <benb@htgf.com>; Sanfilippo, Amanda (CUA) <Amanda.Sanfilippo@miamidade.gov> Cc: Gonzalez, Bianca (CUA)<Bianca.Gonzalez@miamidade.gov>; Elon Metoyer <elonm@htgf.com>; Jordan Finkelman <jordanf@htgf.com>; Justin Tuttle <Justint@htgf.com> Subject: Rainbow Village: APP Collaboration - Next Steps Importance: High Good afternoon Benjamin: It was also our pleasure to meet with your team and learn more about this important housing development for our community. As follow up to our conversation, I've attached the APP Project Allocation Worksheet for you to complete based on your estimated development budgets. Since this is a multi -phase project, please get us the worksheet for the first phase at your earliest convenience. `11Y f1p,f . Once received, we'll draft a working proposal outlining our process andt._ NOTICE opportunities that make sense for our collaboration. hm alneetlemb h.&� de ,ap�bkheehng cond—wM1h tlmellnee setfrrtth in the City& CWe. The appliwhle tlec1—n- naXing bWy will at the pubk hearing to n,nde, e final d.dd.,Looking forward to once again partnering with HTG to implement greatPZ-22-13191 nxommenda .,., a 02/07/23 P.S. I'm currently working remotely, please feel free to contact me directly at: 786.239.4622 Patricia Romeu, Chief Miami -Dade County Department of Cultural Affairs Art in Public Places Program 111 NW 1 Street Suite 610 Miami FL 33128 Ph: 305-375-5920 / Fax: 305-375-3068 / Cell: 786-239-4622 www.miamidadearts.ora or www.miamidade.aov Delivering Excellence Every Day Miami -Dade County is a public entity subject to Chapter 119 of the Florida Statutes concerning public records. E- mail messages are covered under such laws and thus subject to disclosure. From: Benjamin Besunder <benbl@htgf.com> Sent: Wednesday, May 25, 2022 1:01 PM To: Sanfilippo, Amanda (CUA) <Amanda.Sanfilippol@miamidade.gov>; Romeu, Patricia (CUA) <Patricia.Romeu l@miamidade.gov> Cc: Gonzalez, Bianca (CUA) <Bianca.Gonzalezl@miamidade.gov>; Elon Metoyer <elonml@htgf.com>; Jordan Finkelman <iordanfl@htgf.com>; Justin Tuttle <J u st i nt lad htgf. co m> Subject: Rainbow Village: Arts in Public Places Project Package Good Afternoon Patricia & Amanda, It was great being able to meet with you and speak with you on our amazing project. I have gone ahead and provided the following information that my colleague Jordan informed me was requested. Below is a link to our architectural set. Attached is the set of renderings shown as well as the site plan. Please feel free to reach out if you have any questions. Architectural Plans: https://we.tl/t-Jx2PXNHJak Respectfully, Benjamin Besunder Development Coordinator benb(@htgf.com O 305-860-8188 x402 I D 786-633-6357 3225 Aviation Ave 16th Floor Coconut Grove, FL 33133 This message and its contents are confidential. If you received this message in error, do not use or rely upon it. Instead, please inform the sender and then delete it. Thank you. 411y!arR� NOTICE This submittal needs b te• achetluled for a public hearing In accortlanre wM1h tlmelln1 set forth in the City & Miami CWe. The appliwd' declsion-m&'g bwywill rewewthe inbrmation at the pubec hearing to render e recommendation or a final decidon. PZ-22-13191 02/07/23 Aj r'r.ry NOTICE This submidal needs 4� be scM1edu led br a pubM1c hearing In aaofdan[e wXh tlm Ylnes se[ }Drib ft ifte CTy of Miami Code. 2-2 renew Ne in40 N. re nnadnn ofa naI dedw'I,. 2-13191 Date: 7/29/2022 City of Miami Department of Planning and Zoning 444 SW 2"d Avenue Miami, Florida 33128 Re: Parking Spaces at 2000 Nw 3rd Ave Miami, FL. This letter is being submitted as proof that Housing Trust Group, LLC has contacted the Miami Parking Authority in order to verify the number of parking spaces available for use by customers of this prospective business to be located at 2000 Nw 3rd Ave Miami, FL. According to the site plans provided by the customer, we have confirmed that there will be 25 spaces on 2000 Nw 3rd Ave that will be readily available for the public once construction is completed. Should any other information be required of this office regarding this application, please do not hesitate to contact me directly at 305-373-6789. Respectfully, Humberto Escandon Senior Manager of Operations NOTICE t P R t9 Thls submittal neeasmbe. sr,hea�lee mrap�ben hearing In accortlanre wRh timelines set forth in the City of TY# iami Miami CWe. The appU-de rna becion ls-Ning bWywil ewew he rim maw at the p bgn heagring to entler e ree mew h. abnalee O PZ-22-13191 BUILDING DEPARTMENT 02/07/23 Transaction Statement Financial Transaction ID: 925547 RYAN BAILINE Transaction Date: Nov 2 2022 2:02PM Permit Number: PZ2213191 (305)579-0508 FEE SUMMARY Fee Category Fee Code Fee Description Quantity Unit Type Amount ZONING MS-584 WAIVER - ADDITIONAL 2.0000 UNITS $300.00 WAIVER(S) BEYOND THE FIRST IN AN APPLICATION (EACH ADDITIONAL WAIVER) Total: $300.00 Rev. Jul/02/2012 Generated on Nov/02/2022 2:02 PM RE: PZ-22-13191 Rainbow Village Affordable Housing Development MarissaNeufeld@gtlawcom 0 Reply Kj Reply All . O To OSteiner, Sevanne,OSandoval,Andrea; *Jones, Graham; OToran,o,Vickie NOTICE Cc O Hull, Lakisha, Ryan Bailin@gtlaw com, C_ elonm@htgt com; :; lordanf@htgf o , Gonzalez, Darlene (Para-Mia-LDZ-RE); O Marcellus, Kimberly; • Liu, Zhaokai; Adeyefa, Maria; Tones, Graham; O Lastra, Meleny; O Maldonado, Samantha; •Sandoval, Andrea; '<, Toranzo, Vickie Retention fblicy Delete: 10 Years (10 years) Up- 12/19/2032 Q You replied to this message oa 12272022 11.43 AM. 02/07/23 This message wassent with High imporcance. D684864fi20_v 1 URDRB Res. PZ-22-13191.PDF 66 KB CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Sevanne — I just spoke with Andrea Sandoval who informed me there is an issue with Urban Design approving this with the conditions placed on us by UDRB. It was our hope that we could address the 4 minor UDRB comments as part of the master building permit process. I've copied the comments below and UDRB reso is attached. At this point with the holiday schedule, it would be extremely difficult for us to resubmit and proceed through another cycle of review and make the 12/28 cutoff date for February PZAB. Additionally it was communicated that Land Development planned to hold approval pending the recorded Affordable Housing Covenant, however that Covenant is in the City's court in process with the Housing and Urban Development Dept. Please let me know if you can assist us in approving the below UDRB conditions as a condition our approval, or at a minimum that we agree to complete the below prior to PZAB (but following the 12/28 cutoff). We are also actively processing the Affordable Housing Covenant but that is outside of our hands to have recorded prior to next Wednesday. Please feel free to call me or we can arrange a time that is convenient for you to discuss further. Conditions: 1. Address the trash and loading areas. 2. Provide a comprehensive master plan and rendering showing the scales and interactions of the space. Massing of said master plan is sufficient. 3- Develop the east elevation along 3rd Av to keep the design language throughout. 4. Treat the other fagade like the south facade to bring down the scale. Best, Marissa Marissa.A- N..150d Shareholder Greenberg Traung, P A. 3" SE_ Ind Avep_ue_ (Miarni,FL 33131 T+t 305 579 0825 F +1 305 941 5529 nearersa neufelciftflaw cam I www ailaw ocan I View GT Biooraohv EGreenbergTraurig F # i vv vv w er C lilt T -v F'p RHO NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. PZ-22-13191 02/07/23 RAINBOW VILLAG PHASE 1 E ZYSCOVICH . PEE OF, F(OR,Q y' pAozvscoy '.9 e m'•2022.1026. •'tyV EO AR RAINBOW VILLAGE I TABLE OF CONTEXT � ae,.,d Da eb4'Z� Bernard ZyscoJch 0Zy. emh, - , - L- , DRAWING INDEX A000 A001 A002 A003 A004 A005 A006 A007 A008 A009 A010 AD11 A012 A013 A014 At00 A101 At02 At03 At04 At05 At06 At07 A200 A201 A202 A203 A204 A205 A300 A301 A302 A400 A401 A402 A403 A404 A405 A900 A901 A902 A903 A904 A905 A906 A907 A908 A909 Cover Drawing Index Phasing Plan Project Data ti { Warrants/Z 3 *? s�� ���q7�' ContextA c3 9 Context O Transit Conte • Conte Innin N OT I C E Zonin This submittal needs to be scheduled for a public hearing n Zonin in accordance with timelines set forth in the City of FLR Di Miami Code. The applicable decision -making body will Groureview the information at the public hearing to render a recommendation or a final decision. Third Flo Foh \ urtFlo Fifth Floor P Sixth Floor Pla Seventh Floor Pla Roof Plan South Elevation North Elevation East Elevation West Elevation North Lot South Elevation South Lot North Elevation Building Section Street Sections Street Sections Enlarged Elevations Enlarged Elevations Material Board Retail Glazing Elevation Retail Glazing Elevation Bike Storage Rendering Rendering Rendering Rendering Rendering Rendering Rendering Rendering Rendering Rendering V000 Survey V001 Survey V002 Survey PZ-22-13191 02/07/23 RAINBOW VILLAGE I TABLE OF CONTEXT tE OF F(p�i ,- y'0p�ppo*sco eernar m�2022.10 26j'ts�,( ED AR� DRAWING INDEX A000 A001 A002 A003 A004 A005 A006 A007 A008 A009 A010 A011 A012 A013 A014 A015 At00 A101 At02 At03 At04 At05 At06 At07 A200 A201 A202 A203 A204 A205 A300 A301 A302 A400 A401 A402 A403 A404 A500 A900 A901 A902 A903 A904 A905 A906 A907 A908 A909 Cover Drawing Index Phasing Plan �gV oF,M Project Data Warrants/Z ..rr.r r..rrr # Context A Context • t O �, o a t� Transit Conte • Conte NOTICE Zonin This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a Ground1PIan \ recommendation or a final decision. Second Third Flo Fourth F Fifth Flo Sixth Flo SeventhRoof Pla South Elevation North Elevation East Elevation West Elevation North Lot South Elevation South Lot North Elevation Building Section Street Sections Street Sections Enlarged Elevations Enlarged Elevations Material Board Retail Glazing Elevation Retail Glazing Elevation Bike Storage Rendering Rendering Rendering Rendering Rendering Rendering Rendering Rendering Rendering Rendering FLR V000 Survey V001 Survey V002 Survey PZ-22-13191 02/07/23 v a UUrvV rvNl &DISC """" " "WYNWOOD INDUSTRIAL COMPLEX' - LO 4 LOT 3 LOT 2 LOT - og LLJ ---- -- z �o�uND NaL NW�22ND STRE Qy�1� lw --h ISC LB87�ET o n m ,p I � ' C T R 25.00' CA=8957'16" A=39.25' N87'47'14"E 746.86' _ CA-D5245'3R' I - - �1 p ai Y I In OUND 1/2" IRON t { A-39.21S c 1 i , u-'3 PIPE NO ID. , Z NO2n Q'38"w " J p DUN OU S NAIL — ---- BOUT `CA-48 R=75.0 SHEET IJ 3 ' TP"PP A( P" NO Dom" 1*34" A=63.08' , 1 Cm I'2E CIO! TRACT 1 "TOR. PBARK"5UBDIVISION 1 U.3R-40Pa8PG I I I I I I I , I e I r I I I , Op I S .✓> I m F_oL I I I I I— I I I I RACT 22 a ywm �.0 I R.II P.k�V91, PG 88-� .= I it IHEET 2 �R-25.00' CA-8959'50" I I HLBE -_--FOUND C I i OIYM AR L &DISC OF AM TRACT 2 "TOWNPARK" SUBDIVISION 1 U.R. PROJECT FLA. R-10 P.B. 85, PG. 31 PHASE 1 F ie..... # C pR 10 NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. ' PZ-22-13191 ., 02/07/23 ' <F Z?ivat.\ ems$ ` I o�gn --- ----- ;� I I m�sm I �fx I I I Ism o• mom LEGAL DESCRIPTION yI 25 -0 O U�a TRACTS 2 AND 3 OF TOWN PARK SUBDIVISION N0. 1, u R -1.-- PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, 11 RECOR BED IN PLAT BOOK 85, PAGE 31, OF THE PUBLIC v J RECOR 05 OF MIAMI-DADE COUNTY, FLORIDA AND TRACT 22 OF - TOWN PARK SUBDIVISION NO. 6, U.R. PROJECT FLA. R-10, n} ACCORDI PC TO THE PI AT THFRFOF, RFCORDFD IN PI AT ROOK rr. 91, PACE 88, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, I � � ILRRFI� FLORIDA- m UND DI C Density .o L1,23 - T110321 I 3 + 65 du/acre+Attainable Housing Bonus Z 310 1038 I- 00 I I 451,692 SF (10.36 acres) I NW 20th St. Rainhow VillageFlorida Phasing Plan A002 "�` �,e,"udm mere e,� 9 v dy orw ,.,"n A,�mre"r�.A vr9-a��eoema ORWO)a10 �� sue..._ _..iaCA ZYSCOV I C H A R C H T E C T 5 M°ONBlscayneBlvd xnhFl lam FL 33132.2304 t 30s. 372. s222 f 303.sn.4sn Infoczyscovlch.c w ww :y,.vmh.�om ZONING IT ADDRESS FOLl "'b" C ER MIAMI 21 ZONING DATA SHEET, TRANSECT ZONE TS-0 BUILDING DISPOSITION LOT OCCUPATION Miami 21 Zoning Code Required Provided a Lot Area Gross Lot Area Net Lot Area 5,000 sJ, min.; 40,000 sJ, maz - 144,444 SF 140,846 SF b. Lot Width 50 ft min. 50 ft. 360 ft. c. Lot Coverage 1-8 Stories 80%maz 80%maz 64%(90,448 SF) d. Floor Lot Ratio (FUR) N/A N/A 582,874 SF e. Frontage at front Setback NW 3r1 Avenue (Secondary) 70% NW 20th Stm,(Primary) 70%min. 76% 9 % 88% Intemal Road North Intemal Road Wert f. Open Space Requirements 10%Lot Area im, 10%min. 33%(46,676 SF) g. Density Full Lot 65 du/acre+ Attainable Housing Bonus 451,692 SF (10.3] acres) 1348 T-11 1,348 Phase 1 310 BUILDING SETBACK a. Principal Front NW 3rd Avenu 10 ft min. 10'-0" L. Principal Front NW 20th Ste 10 ft min. 11. Y c. Side Internal Road Wert Oft. 39. Y d. Rear Internal Road North 0ft. 6'-0" BUILDING CONFIGURATION FRONTAGE a. Common Lawn Prohibited N/A N/A b. Porch & Fence Prohibited N/A N/A c. Terrace or L.C. Prohibited N/A N/A d. Forecourt Permitted N/A N/A e. Stoop Permitted N/A N/A f. Shopfront permitted (T5-0 L and T5-0 O only) N/A N/A g. Gallery Permited by Special Area Plan N/A N/A h. Arcade Permited by Special Area Plan N/A N/A BUILDING HEIGHT Min, Height 2Stories 2 N/A Max. Height Maximum building height of]5 feetwith no l imitation on the umber of Scone ] Or as modified by Diagram 9 LOADING Residential (310 unit,) 420 SF-1 perfir 100 units 1 1112k36) 200SF- 1pereachadditio 1100units 2 3130k20') Commercial (12,082 SF) Under 25,000 SF p Office (5,]9].54 SF) Under 25,000 SF o Total: 4 Loading Berth, PARKING PARKINGREQUIRED PARKING PROVIDED Residential(310 units) 1.5 per unit 465 Visitors 1 per 10 unit, 31 Commercial (12,082 SF) 3per 1000 SF 36.2 44]Spaces Office_LIV7 7O 5,]9]SF) 3per 1000 SF 17.4 Sub -Total 549.6 35%Reduction f-Attainable Housing 173.6 (425+9 off-Itm t113 Total Phase 1 376.0 on -street) BIKE 1 1Bicd1 Rack Space per 20 Re, Parking Space 27 Dmmd �,,_d m mere e,�eg v d, orw ,.,�n a,�mre�r�. al vr9ry—d@zeta Article 3, Section 3.13.1(b): "All new Buildings of more than 50,000 square feet of Habitable Rooms or Habitable Space in the T5, T6, Cl and CS zones shall be at a minimum certified as Sil- ver by the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) standards or equivalent standards adopted or approved by the City." Miami, Florida Project Data Full Lot;1; vi;R% hB2;a2s.,92o-�, .dgl.A`U t a. . 's`ayneRlv2d302nhFI 4 14210 ZYSCOVICH M�'3omsiR372 S222 Infoczyscovlch.com A R C H I T E C T S f 105.577.4s21 Exception. Warrants. Waivers --- ° 1. 1. Exception pursuant to Section 3.15.3 of Miami 21 to allow an Affordable ` Housing Development. • �....;; ���* 2. 2. Warrant pursuant to Section 3.15.4 of Miami 21 to allow for the develop- I , o R �q ' ment of an Attainable Mixed -Income Housing Development; ` 3. 3. Warrant pursuant to Section 3.15.4(g), the Property is not subject to the NOTICE maximum Lot Area requirements; 4. 4. Warrant pursuant to Section 3.15.4(a)(2), the maximum height of the This submittal needs to be scheduled for a public hearing buildingmay be 75' with no limitation on the number of stories. " " — — in accordance withtimehnessetforthintheCityof y Miami Code. The applicable decision -making body will 5. 5. Waiver pursuant to Article 7.1.2.5(12) and 7.1.2.5(29), for a minimal review the information at the public hearing torender a recommendation or a final decision. increase above the ten -foot (10') maximum height for elevator enclosures under Article 5.5.2(h), from 85' to 89'-6" (an increase of 4'-6" or +/- 5%) CS PZ-22-1 3191 02/07/23 ' - -- Private T4-L I T5-0 65 DU/Acre+Attainable Housing T -L T5I-0 • za' M; PHASE 1 l `; a I NW 20th Terr. , a J 1 k — — — — — — — -� NW 20ih St. - - -- — -V— T3-0 Rainhow Village Miami, Florida Warrants / Zoning A004 ZYSCOVICH t 30 S222 00Nssayeaie2hFi �"` OaooO)a10 �� FL 2304 oeo ema ewe o sw� sso� �ti e s m'. .�� s.ziz. szzz Infociyscovlch.c ,e,aree,� m--g ,yaZ . A pr9 —d-01a A R C H I T E C T S f sos.sn.asn w ww o�mh.�om zysc Rainhow VillageFlorida Context Aerial A005 •'� ��i�t 10o Bls cay ne BIvd.2ith FI p —*— ZYSCOVICH Mary, F 33„2.2,04 F''2022.1026; •'tyV t 30sN. 372. s222 Infoczyscovlch.c �,e,°a—, mere e,� 9 p,°p py°r n ,.,°n A,�mre°r�. A pyg a—d@zeta ae,^a, ;45.4 A R C H T E C T S f sos.sn.asn w ww :ys�o�mh.�om FloridaRainhow Village Miami, Mass Model A006 •'� ��i�t 10o N Bls cay ne BIvd.2ith FI p —*—�i ZYSCOVICH Man, F 33„2.2,04 oeo ema ewr o swn rssron yr rc a s. F', W t 30s. 372. s222 'infoczyscovlch.c M000/na (V ` A R C H T E C T S f sos.sn.asn �,e,�aree,,me�e e,� 9 vovr or n ,.,�n a,�mre�r�. a, vr9 a��„�eozma ae�^=, om - �rr, 'rS w i .1 O i NOTICE c y 1�i° r■ Rp :., � 'a;� .�4w€ ��■d x � .. •'f ^r�"�-•-- rw-7 This submittal needs to be scheduled for a public hearing in accordance with time[ines set forth in the City of Miami Code. The applicable decision -making body will PRO- p `t . review the information at the public hearing to render a r 1 .n.4A L.\ recommendation or a final decision. a ' r J'�► 4 r roa wt r'1 L W�C � i 02/07/23 1EW a 7 f CXYr v � IWAl eAaa} a .ate CCCCCI `^1 4 I� 1.:.II I:` IIii1I:/ } L ',4{ Re / KCKC ENEMAiW � 1 r I i�" /i • FYI ��� ` � Al , J1r7 _1 \ a . 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The applicable decision -making body will +� review the information at the public hearing to render a L 7; - -_, recommendation or a final decision. �i PZ-22-13191 02/07/23 k Full Lot 2 Open Space 33% (46,676 SF) r_ r � '1 -- 10, ROW Dedication Florida Zoning Diagrams NTS °ONa,ayrveaie2lFi A� ZYSCOVICH Mlaml. FL 33132.23u4 ae,�a at0o0]410 ��- tc'•2622122, :11U QPpxy;1„z3-.�, A R C H I T E C T S 3os. 3I2. s2zz f Infoczyscovlch.coin 305.577.4s21 i 343'(94% Frontage)- — 1 - 116' 208' �44p j/ 442 �.. _141 4,174 SQ FT. II; -,-4. 18 19 L" T m 14 sl 13 ,s n 120 a 12 - — 21 � 1 1111 1I Fi+zso. qr.l , 22 ILL - _ 123 �m �10 ml gml g iea 24r ml gg- ,00I25 26 6 M — m I9 R � a M " 28 5 4 II' 29 r f 71- t el +� of Third Layer - Second Layer 15 B First aF`-fl_ yer ""io -- - - - �,_odm mere e,�eg v dy orw ,.,en a,�mreer�. A, vr9ry—d@zeta —_— 'H Iij q 14 Y+-- 11y — +t- - tI --+ +- 4--,rt -- a„I4 II— II II II W 1,5B4 �Q. FT. 12,0288E 516899n. FT. I Fuel PM 343' (76% Frontage) Al PR000]410 eerna y �Q�'w022.12,21, of �{v L 4 n 1 � f m �LORTO � - a1 • NOTICE 8 - Z -----�. This submittal needs to be scheduled for a public hearing - T in accordance with timelines set forth in the City of -- - --l',Gk' �� Miami Code. The applicable decision -making body will - review the information at the public hearing to render a - - recommendation or a final decision. PZ-22-13191 - 02/07/23 Full Lot Y2 o Frontage Diagram . o l� L - - "' 1 .o 1 _j P a l` W l' a M vi Zz i8 `z i Zoning Diagrams Scale: 1"=50'-0" A013 ZYSCOVICH 00Na, aye n F M la m'i. FL 33132.23u4 t 30s. 372. s222 Infoczyscovlch.com A R C H I T F C T S f sos. sn.as21 wz"c.z",�o� ",Qom Ground Floor 91,474 SF Second Floor 91,114 SF Third Floor 91.114 SF Fourth Floor 91.114 SF Sixth Floor Fifth Floor 89,228 SF NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. PZ-22-13191 /, 02/07/23 Seventh Floor 49,276 SF ---------- Rainbow Village Miami, Florida FLR Diagram ZYSCOV I C H 00N�IscayrveBwd 4I[hFl ��"�` OaooO)a10 �� Mlam FL 33132.2304 oeo ema ewr o swn fission yr rc e s t�', .�U t 3os. 3lx. sxxz Infoczyscovlch.c �,enaree,n these pyaZ ,.,nn A, pyg —d@2oa ae�^a Q202c �cc� A R C H I T F C T S f 3os. sn.asz, www o�i�h.�om 'TJt3:15:3fi:p3L'�"A zysc PR000]410 „e�aree,�me�ee,�eg v,�v ror n affpyng- —eozma Vehicular Circulation Diagram ZYSCOVICH A R C H I T E C T S ``iY Op,, f F� 9',a O NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. PZ-22-13191 Scale: 1"=50'-0" 10o N Biscayne B.v, "" R M la m'i. FL 33132..4 t 3os.ziz. szzz f 1. "1.4s21 02/07/23 A015 Infoc-z's v,d, com w wwuw.zy,cov'Ich.com r L= �� Yyei �IIIIIIIIIII�' I Ail _ ill � er�ll�'I mo %! LN +� el��h7111111111111!__ ..INSI —_ Third _mrsuLa—v�wa Sewnd Layer is "IrwV f7�7F -rloy- "• `s PM „e�aree,�me�ee,�eg drA pyng--eozo,a 4-m?._ --ii-- Al PR000]410 eerna y ��.,2022.12,21, FT. 4 � < o ►� o tom: NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. PZ-22-13191_"� 02/07/23 Low slop utilize roof- ing products th aloe of 0.72 or a three-year installed reflec determined by the Cool Roof Rating Council or by Energy Star. GROUND FLOOR® UNIT BREAKDOWN �q h �® rr• ®®® wt II 11AIF � TOTALS a uelrs �® =a 10' ROW Dedication Ground Floor Plan Scale: 1"=50'-0" Z Y S COV I C H 00Ne1sayOeS222Blvd 4I[hFI Mlaml FL 2304 t 3os.ziz. szzz A R C H I T E C T S f 305. 577. asn O0IIIIIIIII Infoc-zyscovlch. com w www.zy,cov�ch.com Article 3, Section 3.13.2: Low sloped roofs constructed as part of a new building shall — - utilize roofing products that meet or exceed an initial reflectance - value of 0.72 or a three-year installed reflectance value of 0.5 as determined by the Cool Roof Rating Council or by Energy Star. - � I I I I I I I � rl Rainbow Village 4 1 C NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. PZ-22-13191 02/07/23 I�1■ . � �'i, lad III � K �� r� - _ m Vim. LIIIIII '® 1 � Illlllllllllli f ��.i �' .: III � 1 si ��a 1 ilf `. � �; 2ND FLOOR UNIT BREAKDOWN . Its `� wl' :�� : �I�' i p1r,H -' ® 1,030 r I,I,11 4, w II ®� r q fr IF I$^ A3 BEDS 1UNIT5 1,3765E 1,3765E B3 BEDS1UNIT5 1,2005E 1,2005E 1 C3 BED5 1UNIT5 1,1905E 1,1905E D3 BEDS2UNIT5 1,2155E AL k s =l ram, Miami, Florida c j-P Second Floor Plan Scale: 1 50'-0" Al 01 ZYSCOVICH Article 3, Section 3.13.2: Low sloped roofs constructed as part of a new building shall utilize roofing products that meet or exceed an initial reflectance - value of 0.72 or a three-year installed reflectance value of 0.5 as determined by the Cool Roof Rating Council or by Energy Star. t Rainbow Village L Al PR007- eerna 4 1 rnL 9 R `Q C NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. PZ-22-13191 02/07/23 KFV� E Ors - a 4j t I �j = 10ROW Dedication Third Floor Plan Scale: 1"=50'-0" A102. ZYSCOVICH 00Na, aye 4I11F M l,,, 33132.2304 t 3os. 3,2l2. szzz nfoc;,", l ",- A R C H I T E C T S f 3os.sn.asn w www.:y,�o���h.�om i Article 3, Section 3.13.2: Low sloped roofs constructed as part of a new building shall — - utilize roofing products that meet or exceed an initial reflectance value of 0.72 or a three-year installed reflectance value of 0.5 as -- determined by the Cool Roof Rating Council or by Energy Star. ,I i Rainbow Village ue'z'_ _--—_ I !9 f NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of '- - Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. _ PZ-22-13191 Y j / F=• 02/07/23 � �FVIEW GSM 01 Wall, - la 'i . M��Ivaff I ■ fi n I h II •R_I II71 1 11 �;4 �•I � Ili �� �� �� 1 �-■- Q- S � •S' Q o� - s ilicp Miami, Florida Fourth Floor Plan Scale: 1 50'-0" Al 03 ZYSCz • c .. r Article 3, Section 3.13.2: Low sloped roofs constructed as part of a new building shall utilize roofing products that meet or exceed an initial reflectance - value of 0.72 or a three-year installed reflectance value of 0.5 as determined by the Cool Roof Rating Council or by Energy Star. Rainbow Village MMUNIC-111,121 311 , iI , r On ,III • I �p l� II"; f ilmliiiil Al PR007- eerna ,97, 4 1 rnL 9 R `Q NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. PZ-22-13191 02/07/23 KFV� E Ors - —mot r 1 , Fifth Floor Plan Scale: 1"=50'-0" A104 ZYSCOVICH 00Na, aye 4I[hF M la m'i. FL 33132.23u4 t 3os.ziz. szzz Infociyscovlch.con A R C H I T E C T S f 1. "1.4s21 Article 3, Section 3.13.2: 0 Se[hack Low sloped roofs constructed as part of a new building shall — 1 utilize roofing products that meet or exceed an initial reflectance value of 0.72 or a three-year installed reflectance value of 0.5 as determined by the Cool Roof Rating Council or by Energy Star. SO, I® _ cixi Third Layer Second Layer H Hirst Layer 10 — — — — --„— —, — .—setback mere e,�eg v dya n . A pydgh eo 2018 -- .! _a4 3 - —1 324 q' 3f3I 131�1 tltt a 3f2I I Z P w N10I —_-- r zs .. a09 I II L.L l P Ina ] I F—F—I I I 7 1 1 -1 H -I II II II I 0 SE1-4 � LP Al PR000]410 eerna y ��.,2022.12.21, I ", t°' ' _ et4eak I ' f��Y 0Fti� 4 NOTICE I-- This submittal needs to be scheduled for a public hearing _ in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will r ^ review the information at the public hearing to render a recommendation or a final decision. �I , <. PZ-22-13191 1 , 02/07/23 112 6TH BREAKDOWN FLOOR —UNIT a y O_ 1 2.Y. - ----� ---- 10' ROW Dedication Sixth Floor Plan Scale: 1"=50'-0" A105 Z Y S C O V I C H 00 N Biscayne M l30"5 Blvd 4I[h F FL 33132.23°4 t 3°s.3l2. szzz nfoCzyscovl,,,— A R C H I T E C T S f 3os.sn.asn w www.:y,�o���h.�om UNIT TYPE UNIT QUANTITY SQUARE FEET/UNIT SQUARE FEET TOTALS STUDIO SUNITS 5395E 2,6955E 1 BED 26 UNITS 6835E 17,7585E 2 BEDS 12 UNITS 1,0305E 12,3605E A3 BEDS OUNITS B3 BEDS 1UNIT8 1,3765E 1,2005E OSF 1,2005E C3 BEDS 1UNIT8 D3 BEDS 2UNIT8 1,1905E 1,2155E 1,1905E 2,4305E 4 BEDS OUNITS 1,4045E OSF � 8,6375E 37,6335E Article 3, Section 3.13.2: ao I i Setback Low sloped roofs constructed as part of a new building shall — y utilize roofing products that meet or exceed an initial reflectance value of 0.72 or a three-year installed reflectance value of 0.5 as determined by the Cool Roof Rating Council or by Energy Star. n I I all! NOTICE This submittal needs to be scheduled for a public hearing i in accordance with timelines set forth in the City of C I I a i Miami Code. The applicable decision -making body will e I T I o- review the information at the public hearing to render a -__1._. recommendation or a final decision. - _i L j— PZ-22-13191 4 -I I 02/07/23 om; - • — _ — S MildOR fa �;' •aal II II® P JI1 LIB �C 7TH FLOOR UNIT BREAKDOWN —III lli �I "R ry r� .. � q 'L�r,l. c IIIIIIIII �IIIIIIIIII�-- • i R TOTALS 41 UNITS A3 BEDS OUNITS 1,3765E OSF B3 BEDS OUNITS 1,2005E OSF C3 BEDS 1UNIT5 1,1905E 1,1905E D3 BEDS 2UNIT5 1,2155E 2,4305E 1 d _ ---� pow _._� � __- _•- i _ ----- , Third Layer li.. g f J ___ � --- 1 -- f IT ZaV 1 ---- 10' Row Dedication Second Layer u c n1 II 1 I�I - - m--- - -- ---�- --- - _I __ -r---' -- - _ _ - vs a 10 s + — — — — —...— —. — ._Se[b do zs'-e' ze 2 Rain r r t Florida Seventh Floor Plan Scale: 1"=50'-0" A106 Z Y S C O V I C H 00 N alscayrve alvd 2n Fl ns or A� pRWp]410 �t- Mlam FL 33132.2304 oeo ema ewr o swn fission yr rc e s F', :�U t 305. 372. S222 Infoczyscovlch.c �,enaree,n mese e,� 9 vw rn�rs ,.,nn a,�mrenrs. at vr9 as eozma aef^, zozz.tz z, A R C H I T E C T 5 f 3os. ST1.432, w z o�mh.�om ors: e:zi,osdfi! n= Article 3, Section 3.13.2: Setback Low sloped roofs constructed as part of a new building shall — utilize roofing products that meet or exceed an initial reflectance - value of 0.72 or a three-year installed reflectance value of 0.5 as -- /determined by the Cool Roof Rating Council or by Energy Star. - z' 77 - .ri rt rtiT 1 l i I II I I i t-1--t�-rtrtt--ter-r t 4+i--+ } Hill 11 11 ill II rim 1 _ 4-+i4 - - - I I P I -F t1rt _ 1 ` 1 -r - - _ I� ke a' I III I I I I I g Sthir/ dory SFL 11645 SF I I III � L 11 - __----1-- LL I--JJ-1�l -L II p l 1 1-_ - J III - --- I - 1-- I 1 - - - L-1J,1._ _ .-__ _-L 1 �' I I I �II° II —14— I�II III III H4 --t— �_—_ o azrow —r� -'—_� — 4-1— I�I I --�_�_--Y-��—_—_ Il�g ICI I I I 1 � � II I I Third Layer � d II 11 I p I I. I 1� i Second Layer u I' I r ._- �1 I it _ li i f i T I I I emirs a� \ l �Y V' oeo ema ewi o � �:wa i:aio� �i ti e : A�� at000)41a meroatee rn mese era g pmperty o�ya vron aranrteota. al pyg reseneeo ema eerna ,M332021 :]@:33:0: I _ et4eak I C"'V OP L �9 9 .13 0'� I I 4 ygpyq. l • Irr t Q NOTICE .�' - '-I This submittal needs to be scheduled for a public hearing -, in accordance with timelines set forth in the City of is Miami Code. The applicable decision -making body will - t review the information at the public hearing to render a --� � I recommendation or a final decision. PZ-22-13191 y I r 1 02/07/23 - 19 t_ I r- I t �pr7�n� j I' LJi U, - ----` ---- 10' ROW Dedication Scale: 1"=50'-0" 0?IIIIIIIII Roof Plan Z Y S C 0 V I C H 00Nal, M ay ease Zth'I la m'i. FL 33132.23u4 t A R C H I T E C T S f 30s. 3lz. szzz sos. sn.asn Infoczyscovlch.com wz"%",�o� "'Qom ! OR _ — jjjll 1100 PIN_ .� ru l a ea e9 ° P P yaZ °,°nAtin�re°r=A, pydgh aoz01s !�izT9 NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. PZ-22-13191 /, Florida South Elevation 'M Scale: 1"=32'-0" _* ��i�t 10o N Bls cay ne BIvd.2ith FI ZYSCOVICH Marv,i FL33,32.23°4 Y„U t 305. 372. 5222 2 ^°�: _ rx A R C H I T E C T S f 305.577.4s21 02/07/23 ;I A200 Infoc-zyscovlch. com ,v www.xY,.v'�ch.com uI,�=u. III—t, _■� .� �TE-17-01 �I r ,Ia_e s�111�iNKr:.w^.W;9� A� lii Ilia— IIII IIII �— it liil ■ Iil illi=.— IIV NI �— Ili _ __��� r■Ir sII I�I� �� REVIEWa.lfil Ilil iii ,III=1191= �I���II IN!1'= ��1---It 111 ami IItr1 11 nrl r �, IPIIP=IPIIIII IIII Ili I. — 1 IIII = IIIIII IIII ^^ = III1= = i€ h E ! a_s oIl a oninusu1 IIII111 _.IIII III Ili l.€11 it rT •' nL _=:IIII am] me 01 t` ry _ r I-� I5 Sa I .r I .: ,I�IY i€,!� '1�■■C'i .I 1iih 1, ill■11■_.-—`g Rainbow Village Miami, Florida �e�aree i�me:e e�eq y aZ --.a1 pygryre:enreeo 2018 Florida , East Elevation op.' ZYSCOVICH 12'.> m :' all R C H I T E C T S Scale: 1"=32'-0" A202 M 10o N Biscayne B.v, "",I M la m'i. FL 33132.2304 t 305. 372. s222 Infoczyscovlch.com f 305. 5]]. 4521 ,v z"cz"',=cB. c om a ea e9 ° P P yaZ °,°nAtin��e°�=A, PYgh--doz01s Miami, Florida West Elevation Scale: 1"=32'-0„ _* ��it 10° N Bls cay ne Blvd. 2ith FI Z Y S C O V I C H Miami FL 33,32.23°4 Y„U [ 3°5.372. 5222 _ rx A R C H I T E C T S f 305.577.4s21 A203 Inf..z'—v,d, com ,v www.xyscov'Ich.com un�ma a miw wor Rms) ac�iara• —�— - _j - - 61 o• — , Ras) Aw -.-— bulaaN R.o57 Interior Elevation Showing South Garage Wall A eW �,e�are,� mere - dyoZ v ,.,�n ,�mre� A vr9ry eeo 2018 P _biz �9 NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. PZ-22-13191 02/07/23 North Lot South Elevation Scale: 1"=32'-0" A204, Biscayne B.vd.2ith FI ZYSCOVICH Man, ...... z,u4 22.i02ti;• t 3os.ziz. szzz Infoiyscovlch.co,n ,aR.i l.a A R C H I T F C T S f Sos. sn.4S21 w z''cV'��h.�om Interior Elevation Showing North of South Residental Liner a°aea, rne=ea g ° P P yaZ Atin�re�r=A, pyng- d-018 South facade of Garag n 71 ~� __LL EF uimp= J] ��Ir` i-i `"{1 0FM \ ! 9 • O R � • NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. PZ-22-13191 / 02/07/23 r r - South Lot North Elevation Scale: 1"=32'-0" Biscayne B.vd.2ith FI ZYSCOVICH Man, F 33„ z,°4 Y„U [ 3°5. 3J2..... 122,g�: rx A R C H I T F C T S f 305. 577. asn A205 Infoc-zyscovlch. co,n ,v www.xyscov'1ch.com u �Q 119ID ,ro_I 4 - 1I141 Illl1 - LAN�z I, 1�= wor rtwv Ru.s7 - srH uw R.as) w- �aas 7l , - Asx uxi ttas) VuH uln ¢as) pm uv[�(1os1 ' Rns) h a (.n' d,_� dm th— e A ° P P y aZ A,�Are A, pyng- a o 2018 1"'�1 (1FM \ !�izT9 NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render recommendation or a final decision. PZ-22-13191 / 02/07/23 // Florida Building Section Scale: 1"=32'-0" _* ��i�t 10o N Bls cay ne BIvd.2ith FI ZYSCOVICH Marv,i FL33,32.23°4 Y„U t 305. 372. 5222 1 ., °�: _ rx A R C H I T E C T S f 305.577.4s21 A300 Infoc-zyscovlch. com -o" vP v�nr a wn . Affpydgh d @ 2018 a� � c c J J J ml ml (D Q 0I NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. PZ-22-13191 / 02/07/23 Street Section jWI Scale: 1"=374' A301 ZYSCOVICH °°N�=ayeB d 2 hF M la m'i. FL 33132.23u4 t 30s. 372. szzz Infoczyscovlch.com A R C H I T E C T S f sos.sn.asn v dy a n --. A yr gh--d o 2018 ' - Street Section Scale: 1"=32'-0" A302 p' ZYSCOVICH °°N�=ayeB�d.2 hF M la.FL... 2304 t 30. .3J2..222 nfoc-zyscov'ch. com A R C H I T E C T S f 305 577 asn w www.:y,�o���h.�om ' `"TY Opn� l99 ' • � ee Sri � . C O A9 NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. PZ-22-13191 02/07/23 • W 1 =■lit __■lit L�J -1■li 1 =1■■ d■■ E t a=■III 1 W iiii iiii = =iiii iiii Rainbow Village Miami, Florida VV--UL11 "—W-1 1 „e�aree,�me�ee,�eg dror n -- A vrgh--dozma Enlarged ElevationImpiScale: 1"=32'-0" ZYSCOVICH °°N�=aYeB d 2 hF M la m'i. FL 33132.2304 t 30s. 312. 5222 A R C H I T E C T S f 305. 577. asn A401 I',foc-zysc ,d, w www.zY—Ich.com 11111111711 Coated Railing Grey Stucco O Colored Stucco (TBD) Metal Coping (TBD) Composite Wood Glass 0 Colored Stucco (TBD) Painted Coated Metal (TBD) Charcoal Tile Scorred Grey Stucco d,a d,� th— e A° P P y o Z �,�nA,�nire A, pyng- d@ 2018 Painted Coated Metal (TBD) Art Mural Scorred White Stucco i Q Q ® Q © 0 R� NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. PZ-22-13191 02/07/23 Q9 10 11 12 13 * Mural Art for illustrative purposes only.Art and artist to be selected at the time of permits Florida , Material Board jammmm _* ��i�t 10o N Bls cay ne BIvd.2ith FI ZYSCOVICH Marv,i FL33,32.23°4 Y„U t 305. 372. 5222 2 F°�: _ rx A R C H I T E C T S f 305.577.4s21 A402 Infoc-zyscovlch. com ,v www.xY,.v'�ch._ South East Enlarged Elevation South West Enlarged Elevation South Retail Glazing Retail Facade Length 218 ft Retail Facade SF 2,398 SF Retail Glazing 1,790 SF Facade Glazing a°ae,�tne=ea eA ° P P yoZ �,�nA,�A�e A, apyng- —aoz01s 11 I GlTY OF`ft s� Q' Lo--R�9 NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making bodywill review the information at the public hearing to render a recommendation or a final decision. PZ-22-13191 ' r , Retail Glazing Elevation Scale: 1"=32'-0" _* ��i t 10o N Biscayne B.vd.2ith FI 1z2 0° 26 ZYSCOVICH Man, F 33„ z,°4 rx A R C H I T F C T S 305 577 asn 02/07/23 A403 Infoc-zyscovlch. com East South Enlarged Elevation East Retail Glazing Retail Facade Length 125 ft Retail Facade SF 1,375 SF Retail Glazing 963 SF Facade Glazing % 11. West South Enlarged Elevation West Retail Glazing Retail Facade Length 40 ft Retail Facade SF 440 SF Retail Glazing �28SF Facade Glazing im I., IZI`111 a° a�ea,� these a e A° P P y o Z �,�n A,�A�e A, pyng- �a o 2018 ?Qa. NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision, PZ-22-13191 / 02/07/23 ONE ' r , Retail Glazing Elevation Scale: 1"=32'-0" 10o N Biscayne B.v, ""'I ZYSCOVICH Man, F 33„ z,°4 Y„U [ 3°5. 3J2..... 1z21°�: s,� A R C H I T E C T S f ;o5. 577. ash A404 Infnc-iyscnvlcB. cn in BICYCLE PARKING ARTICLE 3, SECTION 3.6.10 Bike Parking Space is a minimum of 6'-0 deep and has a Maneuvering Aisle of 5'-0” behind them. „e� aree,� mere e,� e g dy a n -- A pr gh--d o 2018 7.20 6 0 6p, 2.69 22.32 Bike Storage J Scale: No Scale ZYSCOVICH °°N�=ayeB d 2 hF M la m'i. FL 33132.2304 t 30s. 372. 5222 A R C H I T E C T S f 305. 577. asn A500 I',foc-zysc ,d, w www.zy—Ich.com ♦_. d",r dm mereeW - v dy aZ A—� A vr9ry eo 2018 L p'A 19 NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. PZ-22-13191 02/07/23 i - t Rendering ZYSCOVICH °ONa,ayeaie 2 hFi M la m'i. FL 33132.2304 t 30s. 372. szzz Infoczyscovlch.com A R C H I T E C T S f sos.sn.asn It lin Id IN Eli aln- 0-111� Idw 1111411 ml hlp lull Hifin 11.4 i'l kill Al NOTICE LN PZ-22-13191 02/07/23 VIEW it C,1 go is 111 on me oil IN 10L Rainbow Village Miami, Florida NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. Rainhow Village Miami, FloridaRendering A902- •' W ZYSC0VICH Mary, F 33„ z,o4 t 30s. 3lz. sz2z Infoczyscovlch.c lylA R C H I T F C T S f sos. sn. asn l��ll � ■. ■ I ;, � ivii i�■� �. -- --� �� 1111111111� � ■■ ■�' F. NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. PZ-22-13191 02/07/23 Rainbow t Florida Rendering A903:: • ' ��ij ,00 N Bls cay ne BIvd.2ith FI p —*— ZYSCOVICH Mary, F 33„zz,o4 oeo ema ew, o sw� ,ss,o� v, ti e s. F`, t 3os.ziz. szzz Infociyscovlch.c waoorna 'g9a,°y2a6r A R C H I T F C T S f sos. sn. asn om Rainhow VillageFlorida Rendering •' ��it 10o N Bls cay ne Blvd. zith FI p-*- Mlam FL 33,Sz 2304 Z Y S C O V I C H oeo ema ewe o swa �ss�o� v� ti e s. 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FL 33132.2304 t 30s. 372. s222 Infoczyscovlch.com A R C H I T E C T S f sos. sn. asn w www.:y,� :,,,.Qom - l f t F� � .� , t3 • �. a. T- ema ns, or on yr re e a. F'•.2022.102i era ery o tech A py g rece�e o 2018 eemar ».49 4aE F. NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. PZ-22-13191 02/07/23 �y ------------`—~ t Rendering A907 ZYSCOVICH °ONa,ayeeie2lhFi M la m'i. FL 33132.2304 t 30s. 372. s222 'nfoczyscov'ch.com A R C H I T E C T S f sos.sn.asn d",r dm meree W - vP v�nra wn A— Aff vr9ry eo 2018 F. NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. PZ-22-13191 / 02/07/23 FloridaRendering A908 M _* t 10o N Bl, cay ne BIvd.2ith FI ZYSCOVICH Mary, F 33„zz,°4 22.102ti;• t 3os.ziz. szzz Infociyscovlch.co�n ,49.4y,Q A R C H I T F C T S f sos. sn. asn w z"'.z",�o�'��h.�om Rainhow VillageFlorida Rendering A909 •'� ��i�t 10° N Bls cay ne BIvd.2ith FI p ZYSCOVICH Ma°, 72S2222.23°4 �'•.2022.102b 't�V f 3°5. 3I2. sz2z 'nfoczyscov'ch.c ,nth. e,� g p,�pe,yo s A,�mre�r�. Af pyg a�-201a ae,^=� A,;mnA R C H I Ty, �j' E C T S f 3ossn.aszl September 27, 2022 Meeting Minutes CRC Meeting: 2000 NW 3 AV Exception (PZ-22-13191) 411y!arR� NOTICE Thls submittal needs b te• acheduied b, s public hearing In accortla,re wM1h tlmell,es set forth in the City & Miami CWe. Theappliwde decision-r &'g bwy will rewewthe inbrmadon at the pubec hearing t, re,d,, e me,da .,or a final decide,. PZ-22-13191 02/07/23 Aj Action Items) No. Description Task Owner Due Date 1 Updates Applicant 2 3 Clarification Question(s) No. Questions Applicant's Response 1 Zoning— Do you have the letter from MPA regarding on street parking spaces? Yes, we will include that in cycle three. Outstanding Comments No. Department Agency Comments 1 Zoning -Revise Landscape plans to reflect the architectural plans. Issue with loading berth substitution, revise Letter of intent to include that. -Stair, mechanical, and Elevator enclosure limited to twenty percent of roof area. Area not to exceed twenty percent. Need to remove planters. We are able to grant at least 5' of he first remaining half to be landscape instead of the whole 1st layer being pavement. Needs to add hardscaping Ramps, stairs, and steps only permitted in the second layer. 2 Land Development Clarification on the proposed uses. Balcony encroachments, make sure your showing dimensions or the overall balcony. We want to make sure you're not exceeding beyond the three feet. More Information needed regarding the project's phasing. The way the property is zoned, future phases would require Exception. Housing Certificate needs to be signed and need to show income levels. Certificate needs to reflect the number of units that are being proposed in phase one of the project. Make sure your parking count matches what's in your zoning ata chart. Update your Warrants and Waivers to make sure what's in he lol so that it matches what you have on the plans. Page 1 of 3 411y!arR� NOTICE If day Care and community center uses are not ca Th'a°° Md,'°ea t f,ftinth,Cty& i, ,CWr .s, wanemans,es s1 no mme cirim MlamiCWe.Theappliwde tlecbk-m,gtb dy,l hose as special permits under the Exception, pleas eewne�o m a ,.,pfi,`hea,d., e�tle,® eaaor, o� a n�ai aeueo�. hem as ancillary or amenities. Pz-22-13191 02/07/23 3edroom count and square footage are complying with ' t ninimum requirements in Miami2l. Make sure parking is clarified in sheet A100. Parking equirements per Article 4 table 4 requires the non-residential ises to be parked. Clean up drawings from the last submittal. Make sure to not lave all the landscaping to see all the proposed architecture. Parking reductions are only applicable the parking eductions. Each phase of the projects will have covenants. 3 Note: • Planners shall instruct the applicant to engage with the county If Miami Dade County Traffic & Engineering is required to provide comments. MDC has an electronic pre -application process that the applicant will receive comments. • Projects should be referred to CRC during the second cycle of review by the project manager. • Feedback if applicable from external agencies is required prior to the issuance of an entitlement. Page 2 of 3 Attendees CRC Meeting: 2000 NW 3 AV Exception (PZ-22-13191) 411y!arR� NOTICE ThI, submittal —& b be schedules br a pubk hearing In—1,111—ftI li mellnes sH brfh come City & Miami CWe. The applica Lie decon-making bWy will rewewme inbrmation al the pubic hearing to rentler e recommentlztion or a fl,IM dedd.,. PZ-22-13191 02/07/23 CITY STAFF First name Last name Department Title Email address Ricardo Lopez-Aldana Land Development Planning Tech. rlopezaldana@miamigov.com Lakisha Hull Planning Director Lhull@miamigov.com Elia Sorice Land Development Planner II - Project Manager Esorice@miamigov.com Kimberly Marcellus Zoning Zoning Plans Examiner kmarcellus@miamigov.com APPLICANT First name Last name Entity Title Email address Marissa Neufeld Legal neufeldm@gtlaw.com Darlene Gonzalez Legal gonzalezdar@gtlaw.com Claudia Galvis Manuel Del Monte Andrew Sykes Andrews@witkindesign.com Benjamin Besunder benb@htgf.com Jordan Finkelman iordanf@htgf.com Elon Metoyer elonmelonm@htgf.com Page 3 of 3 C�Vl OF ,n r L OaK1�9 BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 878472 Ryan Bailine Transaction Date: May 20 2022 3:32PM 2000 NW 3 Av Permit Number: PZ2213191 Entitlement Fee bailiner@gtlaw.com (305)579-0508 FEE SUMMARY Fee Category Fee Fee Description Quantity Unit Type Amount Code PLANNING MS-416 EXCEPTION - REQUIRING CITY 2.0000 UNITS $3,500.00 COMMISSION REVIEW (EXCEPT CS AND T3) PER EACH REQUEST PER FOLIO PLANNING MS-187 WARRANT - ENTITLEMENT FEE 70374.0000 SQ. FT. $28,518.70 (SQ. FT.) Total: $32,018.70 Rev. Jul/02/2012 Generated on May/20/2022 3:31 PM November 19, 2020 Elon "Lon" Metoyer SVP of Development Housing Trust Group 3225 Aviation Avenue 16th Floor Coconut Grove, FL 33133 O 305.860.8308 x209 I C 813.753.8809 elonm@htgf.com Re: Rainbow Village 2000 Northwest 3rd Avenue Miami, FL. To Whomever This May Concern, NOTICE ThIc su bn`na[n & b be scheduled for a pubk nearing In accordance with timelines set forth in the City of Miami CW,.7he applicade decon-making bWynnll renew the information at the pubk hearing I. render a mendadon oc a flnal decid PZ-22-13191 02/07/23 I visited the above -mentioned property on Saturday, November 14th to evaluate +/- 74 trees, verify condition and measurements, calculate critical root zone (CRZ) and tree protection zones (TPZ), provide relocation recommendations, and note any significant defects. I verified 16 additional trees near the proposed project area and have included them accordingly. Please see attached tree table with data collected in the field including species, height, width, diameter at breast height (dbh), clear trunk, health condition, health condition percentage, CRZ/TPZ, relocation recommendation and notes. A total of 64 trees and 26 palms were evaluated. A revised aerial tree survey with visually indicated CRZ/TPZ has also been attached for review. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com Mahogany (Swietenia mahagoni), facing south. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com 4.7 ) . 40., Ile- 1 fT � Qu$/�©"o•TICE a _y� _ .. 02/07/23 REvr IEw G°� 2 - of - .. }. + �i 1�4i• IN qm k^ ''aY ... .'��'" `:,Ci1L'S,,.. �{;1... _7 l �.'ib.'.'."r��• ■ SS: i_.h. � • ��n oF'4 � F ' L �5 pplim 3� /,� FAQ • a •a f e sk rye lid 41P. F F M I VA Al It $PI• 'F �'t � q 5 rLN 02/07/23 :R �i JE .0 */ � • ��n oF'4 . • 1 - 9 1 1 �PZ-22-13191 AV t� - r - Ik F: •... ,aFa.fS. ts. � ,�F,, err , i : r��"Op QUBt/�y� 0 �2 w CO2/07/23lk �Q� Tree six NOTICE mis s�dminai neeas m be e�nea mr Pnearing Miamccordance with timelines set W forth in theh, C Wiry of Ccde.7he applieade tlecision-making body vnll renew the mtonnation at the p,bdc hearing to render a recnn,menaatinn or a anal eeddnn. PZ-22-13191 02/07/23 Queen Palm (Svogrus romanzoffiana), facing south. Category 2 Exotic Invasive. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com I d Trees Seven and Eight Queen Palms (Svogrus romanzoffiana), facing south. Category 2 Exotic Invasive. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com Tree Nine NOTICE This su brnidal needs b te• achetluled for a public hearing In accortlanre wM1h tlmellnes set forth in the City & Miami CWe. The appU-de declsion-m&'g bWY will rewewthe inbrmation at the public hearing to render e recommendation or a final aecidon. PZ-22-13191 02/07/23 Aj Umbrella Tree (Schefflera actinophylla), facing south. Category 1 Exotic Invasive. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com Black Olive (Bucida buceras), facing southeast. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com NOTICE This submittal needs b be scheduled for a public hearing coId—with timelines set forth in the City of Miami Ccde.7he applica Lie bxisi_ making body nnll renewN mfonnalion at the public hearing I, renders re.�ommenaaeon or a anal ee�.idnn. PZ-22-13191 A► 02/07/23 Note poor structure, large trunk wound (red arrow), chlorotic foliage, poor vigor, and deadwood (blue arrow). Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com #12 Mahogany (Swietenia mahagoni), facing north. Jeremy T Chancey, Consulting Arborist 2500 Southwest 21" Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com NOTICE mie eobn,ittal needs m —hedwed mr a pbk heeling In—nd, wM1hhmellneesetforth in the City& Miami CWe. The appU-U, decision-rnaXing bWywil renew the inbrm ,at the pubec hearing to rend,, recommendation nr a final d.ddon. PZ-22-13191 02/07/23 FVOW 4 s Note poor structure, confined root space, unbalanced crown, deadwood, and trunk cavity (red arrow). Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com #13 k mNOTICE oes m eIhetletl mr a pb k heng �emern1 seronmthe City& C�etleWe. The pplwaso-m&'g bWy wll iheinbrmation at the pubic hearing to n:naere recommentletion nr a final tlecivon. PZ-22-13191 02/07/23 Tropical Almond (Terminalia catappa), facing north. Category 2 Exotic Invasive. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com yt" yt b #14 NOTICE ta. This su bmitlal need: b. snhed�l dbra pubk hearing -:,�.i„-`..In accordance wAhtimellncssetforfh in the Ciry of Miami CM,. The applieade tlxision-making body null renew Uie information at the p041 hearing to render a '' recommentlalion or a final decia on. PZ-22-13191 02/07/23 OF I Inv i 14 = "I • �s �'ti �._mow I , fl • .-:1 _, �:' ems: .�": .,tom. Y s. - r , Pygmy Date Palm (Phoenix roebelenii), facing east. Note trunk lean and nutrient deficiencies. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com #15 NOTICE Thissubmittaln d, b � achetlelee br a pabue hearing ccoId-1M1 tl mellneslet forth in the City& Miami CWe. The appliwh, beclsion-m&'g bWy will re�ewihe inbrmatiran at the pubk hearing to "d"e recommends ., or z final d.dd.,. PZ-22-13191 02/07/23 I Christmas palm (Adonidia merrillii), facing east. Note nutrient deficiencies and trunk wound (red arrow). Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com #16 C! V TF NOTICE min ��bmafat neea: m �s�nea��e ror a Pabu� r�ahng mrdance wAh timelines set forth in the Ciry of Miami CW,. The applicade dxis- making bodynnll renew Ne ffo b.a at the P01, hearing to renders recommeM.., or a final deciaon. PZ-22-13191 ���"`' 02/07/23 Christmas palm (Adonidia merrillii), facing southeast. Note nutrient deficiencies. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com #18 hl I ISI.Id41 11 -FP�li. Black Olive (Bucida buceras), facing southwest. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com NOTICE ThI. aubmMal neetls m bescneaulee bra pubic hearing ccortlanrc wiHi hmellnes set torah in th. the Cry of Miami Cotle. Theappliwde tlecbk -making hotlywill re�ewthe information at pub4c hearing to render e mentlation or a final eeciaon. PZ-22-13191 02/07/23 Aj 14 i eM1.4 F� NOTICE IL02/07/23 , y VI JEW ' l I'rJl'�Ilfl Golden Raintree (Koelreuteria paniculata), facing north. Note poor vigor and deadwood. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com Solitaire Palm (Ptychosperma elegans), facing north. Note large trunk wound (red arrow). Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com #22 NOTICE This submittal needs b te• achetluled for a public hexhng In accortlanre wM1h tlmelln1 set iodh in the City & Miami CWe. The appliwd' declsion-m&'g bwywill rewewtheinbrmation at the public hearing to renders recommendation or a final aecidon. PZ-22-13191 02/07/23 Golden Raintree (Koelreuteria paniculata), facing north. Note canopy dieback, poor structure, deadwood, and storm damage. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com #23 NOTICE mI, eobnidal needs m —he&ied mr a pbk healing In—nd, wM1h hnellnee setforth in the City& Miami CWe. The appU-U, dz—n-naXing bWy will renew the inbrn ,at the pubec hearing to rend,, recommendation nr z final d.ddon. PZ-22-13191 02/07/23 Aj Winin Palm (Veitchia winin), facing east. Note nutrient deficiencies. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com Winin Palms (Veitchia winin), facing east. Note nutrient deficiencies. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com e Ow —Mlilf, —1Th1p1bU1h11 —d�, . 02/07/23 `x - VIEW Cps #27 Golden Raintree (Koelreuteria Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com -.. _r7i, niculata), facing north. NOTICE This submittal need: fa trsnheanlee tar i ph, Cihearing mrdance wAh timelines set forth in the Ciry of Miami CW,. The applicade d--n-making body nnll renew Ne information at the P01, hearing to render a recommeM.., or a final deciaon. PZ-22-13191 02/07/23 Aj lilt I 111h- U Lk} Note poor vigor, large diameter deadwood (blue arrow), poor structure, and trunk cavity (red arrow). Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com Black Olive (Bucida buceras), facing east. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com F� a NOTICE � rJ11 k.: NOTICE - "P F9 NOTICE r�h •� �t=�9"�W �'� ��y^A�47� r 02/07/23 � k Q k R , go�. WAN' 'ram. �1 a �4 .. F .•a - E J(Lq a .u••4. 1 1 REVI EW Cps film- ti ily • c"V "'Al 0.15 • _i's� nF�.gi a 4' % " - `� 902/07/23 ` - lbbbe—VIEW co tlit 40 Pik !rr'ij � T A � �' A " % " - `� 902/07/23 ` - lbbbe—VIEW co tlit 40 Pik !rr'ij � T A � �' A " Queen Palm (Svogrus romanzoffiana), facing north. Category 2 Exotic Invasive. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com r��Fol, Qu$t/�y� A 10 Q c� 02/07/23 6 ,` '.'� _, r �,� :i' .`° y r • y _ , gar 0 % 4 ..rl P J•U-�. ti 74 ;ril Awl, 5 e .-,711JL , _uummwhdmbLI' . 5 x r�`�"^ . ��.' -+. gyp �a ���•Y �� � ri; L •t }` .�+}. �.ii � ff:hf ��tN`•s-'�4� w.'frr ��xi„�~+ *s ,fy. di W-1-IL OL _ 4a� y i#�';• r- r'I � °Ike, ,'� #e `.� k ._F VR��; � '�,`� #=1" {• r��" I- �� �� ��.''�I � wti.• ,� t � is c 0 P u /I Y' r��®,lp Qu$t/�y� A Q c� 02/07/123 dot— lfcvv 10 rip PUB��Cy F� Black Olive (Bucida buceras), facing west. Note Poor structure, canopy crowding, large codominant stem failure (red arrow), and visual evidence of decay. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com #37 t ey, < N lye NOTICE :oreance with timelines set forth in the Ciry of � �a =otle.7he applieade tlecisio h,,,,,g t bcdd— the inlonnation at the pubdc hearing to render a recnn,menaation or a anal eer.isnn. PZ-22-13191 1 02/07/23 Mahogany (Swietenia mahagoni), facing east. Note poor structure, storm damage, and deadwood. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com - L'10,3 cL G) , 02/07/23 le 77 0.1 r'. k x } w t - hl i s F _ '' ,x , �, � to � :. • .,,.. ,:�� =-,.. ..w - _ 5,-... P�� 10 Quet./c.y FI �G e2 55KNOTICE dim ".` IR _ a v,w coQ Lk M1 : ` .f. •ao-# i #40 Live Oak (QuercusQuercus virginiana), facing south. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com NOTICE 10 CNOTICE 02/07/23 4".,; Rev, rw I0 Af tF i4-,x tr" , r A � w p'+•'°fir°,+ 4S+f �, �... {; �:S t � . V 1 TS .��#fl •a+�•f �.y�� tji r MS t 'i. l['F �7. •ff � ..5 .r _ti.. � rr �"� � +''ds � '?.fF4.3 rti �_��"!`( gx`�..f4,F�"`'f•'L�� aT w { -.'Y+f may_,_ • _is� nF�.rti 0.15 a .1 f,J� CFF TT �i I PNN 3. 'F 0,2 01 d {} y #42 and #43 NOTICE This submittal needs b be achetluled for a public hexhng In accortlanre wM1h tlmelln1 set iodh in the City & Miami CWe. The appU-U' declsion-m&'g bwywill rewewtheinbrmation at the pubec hearing to renders recommendation or a final decidon. PZ-22-13191 02/07/23 Queen Palms (Svogrus romanzoffiana), facing east. Category 2 Exotic Invasive. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com Golden Raintree (Koelreuteria paniculata), facing north. Note poor structure, poor vigor, and canopy dieback. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com Golden Raintree (Koelreuteria paniculata), facing west. Note poor structure, poor vigor, parasite (red arrow) and canopy dieback. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com in yr.a,! pp„ ha FR INil 1 i r. IAA #46 , NOTICE mis s�dmmei neeas m be e�nea�iee mr a Paden nearing Miamccoreance with emellnes set forth in the Ciry of Ccde.7he applieade decision -making body vnll renew the intonnation at the pabec hearing to render a recnn,menaaeon or a anal eer.idnn. PZ-22-13191 02/07/23 Cr Chinese Fan Palm (Livistona chinensis), facing north. Category 2 Exotic Invasive. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com #47 NOTICE This submittal needs b te• achetluled for a public hexhng In accortlanre wM1h tlmelln1 set iodh in the City & Miami CWe. The appU-U' declsion-m&'g bwywill rewewtheinbrmation at the public hearing to renders recommendation or a final aecidon. PZ-22-13191 02/07/23 Aj Queen Palm (Svogrus romanzoffiana), facing northeast. Category 2 Exotic Invasive. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com /ggam �' I. ' 4ilp w r Y��►� P a1r- � 10 6- �Jk6�012 w C OAJ ij • i Queen Palm (Svogrus romanzoffiana), facing northeast. Category 2 Exotic Invasive. Note collapsed head (red arrow). Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com r��®,1p QUBt/�y� 0 �Z cL G� ;h. �. ,�• ��� .� � :*�:�"' it �` + •.►'� PA 02/07/23 R� _ v, Ew cod 41 CAP Rol �' d QueL/Cy F� 0 �Z Q Mahogany (Swietenia mahagoni), facing south. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com Note poor structure, mechanical damage to roots (red arrow), over lifted canopy, and deadwood. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com r��®,lp Qu$t/�y� A Q c� rc-zz- i si a i 02/07/23 Umbrella Tree (Schefflera actinophylla), facing southwest. Category 1 Exotic Invasive. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com #54 NOTICE ieu bmitlal need t .echedW db apuM hearing n e�oraen� wan emennes set torah m the City & miCWe. Theappliwal beclsion-m&'g bwywill wewiheinbrmation at the pubic hearing t' n:naere recommentlation nr a final tlecivon. PZ-22-13191 02/07/23 Bottlebrush (Callistemon sop.), facing south. Note poor structure, trunk cavity and Category 2 Exotic Invasive. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com r��®F11, ,1p Qu$t/�y� Q c� yt" yt b #56 NOTICE Thisaubmi n d,to—hedul d terra pubk hearing mrdance wAh timel'mes set forth in the City of Miami CW,. The applicade dxis- making body nnll renew Uie information at the p041 hearing to render a recommentlalion or a final decia on. PZ-22-13191 02/07/23 Aj Christmas Palm (Adonidia merrillii), facing north. Note nutrient deficiencies. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com #57 Java Plum (Svzvgium cumini), facing north. Jeremy T Chancey, Consulting Arborist 2500 Southwest 21" Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com �z 'I, Al .. oxsaF NOTICE r��� 1, Quec/cy F� 0 #58 NOTICE In This submittal need: fa trsnheanlee tar phearing mrdance wAh timelines set forth in theh, CiCiry of Miami CW,. The applicade dxis- making body nnll renew Ne information at the p01, hearing to render a recommeM.., or a final deciaon. PZ-22-13191 02/07/23 Christmas Palm (Adonidia merrillii), facing west. Note nutrient deficiencies. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com yt" yt b #59 NOTICE Thls submittal—d fo be schedW,d fora pubLc hearing cord,,,, with tlm,l'mes set forth in the City of Miami Ccde. The applicade dxision--hk g bodynnll renew Uie nfomn , at the p041 hearing to render, mcomrn,ntlalion ar a final deciaon. PZ-22-13191 02/07/23 Aj Christmas Palm (Adonidia merrillii), facing north. Note nutrient deficiencies. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com Al a kI �4 r C yY 71 All k ..t a �• .. e . Note poor structure, confined root space, deadwood, and girdling roots. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com r��®,lp QUBt/�y� �G y 'A 4 f+r �i f 'i i 4;1Y�reg `�qrF o. ` n } s _Ilk { W 6 1i A �-"q o Que��ILN 0 VI EW C.j ��- '. f 'T`�• I 4Y �# r ,fit'' „ � v. � �,•, .4,�Y` �R ...r{ Y� Y � � • t�, del { if r 77R�•.. _w. `fA• 6k £%&4 7�� - L'10,3 cL G) f : 0207/23 �q4 � ✓� ' �� ���y� f d � .. v .. a .� � 'r, �3 x a r r ' • a ,: ii .. 1. a y } ,ti Ivy - IQ s. rq v IF o� Note poor structure, confined root space, deadwood, and canopy dieback. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com Mahogany (Swietenia mahagoni), facing north. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com t ey, < N lye NOTICE Th d M l tl .. h tl [,d b p b h—,,g d rchtl I' Hf ah h CTy f M ' Catl 7h PPI b[ tl k g bWy.11 w M—f,nnali Iih p,bk h gi d,, --dz.— a flrIM,I PZ-22-13191 �Av 02/07/23 IAN Poor structure, confined root space, storm damage (red arrows), deadwood, girdling roots, and visual evidence of decay. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com Mahogany (Swietenia mahagoni), facing north. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com G O AL NOTICE . . - ` q,v tom\ "� {*der ram,•, �4- 1 17/23 Note poor structure, storm damage, deadwood (red arrow), confined root space, and visual evidence of decay. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com #67 , NOTICE (�i—b�.�[ neeas m be stnea�i,e mt a p�de� nea�mg —with nmelln1 sH mrfh inthe City of 7he appliesLie tlecision-making bcaywill tonnation al the p,bdc hearngt, render aon,mena�don o� a anal ee�.iaon. PZ-22-13191 1 n /I� 02/07/23 D . 6 6., 4k 1 . _ RIM , a �� II Mahogany (Swietenia mahagoni), facing northwest. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com Note poor structure, canopy dieback, deadwood (red arrow), and confined root space. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com Mahogany (Swietenia mahagoni), facing northeast. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com Note poor structure, confined root space, deadwood, canopy over lifted, and large trunk wound (red arrow). Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com #69 , NOTICE This su bmmalneeds b be scheduled for a public hearing cord once with timelines set forth in the City of _ Miamc Code. The applicade decon-making body will renew M—formation at the public hear ng t, render s re�on,menaahon or a anal ee�. snn. PZ-22-13191 02/07/23 Umbrella Tree (Schefflera actinophylla), facing east. Category 1 Exotic Invasive. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com yr:" Siv. r��� l" Qu��rch� F9 0 cL G� Iv' 1 1 �v, w O NOTICE _S•r"t� 02/07/23 '� A r T: + �� p5 Y ;k t� t � F 9 Note poor vigor, trunk water sprouts (red arrow), deadwood, and canopy crowding. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com Black Olive (Bucida buceras), facing southeast. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com r��� l" Qu��rch� F9 0 cL G� sp _ �'0��R�v, Fw C. � I •^, I 3i iA . -tea -ICE &dmrap�bkh—,,g 1H forth i, the City of -makingbc Y-11 ubk hearing to render a a flnzl ee�.iso�. 3191 23 Note poor structure, deadwood, canopy crowding, storm damage, and large trunk wound (red arrow). Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com Washington Palm (Washingtonia robusta), facing north. Category 2 Exotic Invasive. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com #74 NOTICE Pygmy Date Palm (Phoenix roebelenii), facing east. Note nutrient deficiencies. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com a Mahogany (Swietenia mahagoni), facing east. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com Note poor structure, confined root space, deadwood, girdling roots, and large trunk/scaffold limb wounds (red arrows). Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com #76 Mahogany (Swietenia mahagoni), facing west. Jeremy T Chancey, Consulting Arborist 2500 Southwest 21" Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com NOTICE ThlaaubmM —& b be scheaulee bra pabk hearing —e— wkh en,a11ne: aat ronh m tha City & Mi— CWe. The applude tlecis- making bWy will reMewihe information at the pebk hearing to render a nxommenda ., or afina l tleciaon. PZ-22-13191 02/07/23 r.10rdo a it I i i ti Note poor structure, visual evidence of decay, large diameter deadwood (red arrow), large trunk wound (blue arrow), and confined root space. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com vin""'a \ NOTICE [ndb badce hediseiodnb-, a pubc heing Threinew anwh timelineseorh inths Citof MimCW,. The appliehbxmking bdy nll hmopubc hearing t,reders mdaon ors flnal dedd.,. PZ-22-13191 02/07/23 Note poor structure, confined root space, deadwood, girdling roots, and large trunk/scaffold limb wounds (red arrows). Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com WA JS y+7 k 02/07/23 REvr IEw eo v ., n r • +{a �'. h ... _ Il ° ..+'.�1�.. .r Ott A} �Y - 44 .sty 41L '. rt } .� � a4 • +yy *17 r , JA I _ a 1 j j 0 1-NP111, i'. ',I Black Olive (Bucida buceras), facing east. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com r��� 1, at/c, F1 02107123_ tVI EW C .0 J*k m sl J rj 4- der .4k A Mahogany (Swietenia mahagoni), facing west. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com Note poor structure, over lifted canopy, confined root space, girdling roots (red arrow), and flush cuts. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com i A Tree #81 Crape Myrtle (Lagerstroemia indica), and Tree #82 Yellow Tabebuia (Tabebuia aurea) facing west. Note poor structure of tree #82. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com M I - Black Olive (Bucida buceras), facing west. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com Pongam (Millettia pinnata), facing east. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com NOTICE This submittal needs b te• achetluled for a public hexhng In accortlanre wM1h tlmelln1 set iodh in the City & Miami CWe. The appliwd' declsion-m&'g bwywill rewewtheinbrmation at the public hearing to renders recommendation or a final aecidon. PZ-22-13191 02/07/23 Note poor structure, over lifted canopy, trunk lean, storm damage, and galls. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com bi -1.1 PZ-22-13191 02/0 /2 kN -VOK dry. ya TRW.* Ms. A0, ti}Ciry '' , 50 Note poor structure, storm damage, visual evidence of decay, uplifting roots, and large horizontal trunk crack (red arrow). Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com . N SaF NOTICE This submittal neetls m tp• achetlulee mr a public nexhng In accortlanre wM1h tlmellc1 let forth in the City & MiamiCWe. The appU-U' beclsion-r &'g bwywill renewtheinmrmation at the pubec hearing to renders recommendation or a final eecivoc. PZ-22-13191 #86 1m 02/07/23 Aj 1. if '�+7 t. "I K2 Black Olive (Bucida buceras), facing south. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com pu F9 G .p a 0 CNOTICE .q l� ., = w �02/07/23 s. s. 7yA ax>+ .1. � i- .c -' _ y..r ; • s �', * 5 � �^IR' �. ' S - #87 NOTICE This su bmmal needs b be scheduled br a pubic hearing Miamccordance with timelines set forth in the City of Ccde. The applies Lie bx_ making body vnll renew the intonnation al the public hearing I, render a recommendation or a final dedd.,. PZ-22-13191 02/07/23 Pongam (Millettiapinnata), facing north. Note poor structure, and trunk lean. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com #88 NOTICE This su bmmal needs b be scheduled br a pubic hearing Miamccordance with timelines set forth in the City of Ccde. The applies Lie bx_ making body vnll renew the intonnation al the public hearing I, render a recommendation or a final dedd.,. PZ-22-13191 02/07/23 Black Olive (Bucida buceras), facing north. Note poor structure, over lifted canopy, girdling and uplifting roots. Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com /• ��C O�t9� ` F4 NOTICE 02/07/23 n � � '��� •r." �*+� k ; �fi r���10 Quetr�y F.� 0 Q � Mark C. Williams ASCA Registered Consulting Arborist #580 ASCA Tree and Plant Appraisal Qualified ISA Certified Arborist Municipal Specialist FL 5221-AM ISA Tree Risk Assessment Qualified LIAF Certified Landscape Inspector #2007-083 Jeremy T Chancey, Consulting Arborist 2500 Southwest 215Y Street Fort Lauderdale, Florida 33312 c 954 612 2500 jeremytchancey@gmail.com / o-' f -- NOTICE ThIc su bn'na[ —& b be scheduled for a pubk nearing In accordance with timelines set forth in the City of Miami Cotle.7he applicade decon-making bWynnll renew the information at the pubk hearing I. render a reconnendadon oc a flnal deci— PZ-22-13191 02/07/23 TREE DISPOSITION PLAN NORTH Scale: 1" = 20'-0" 4 , NOTES: • TREES ARE NUMBERED TO MATCH TREE NUMBERS ON SURVEY PROVIDED. o � „ eommorn M,a„non 21 eea� a Per menu — w,�m aoen wea — min w�om werena �, „ � � oall ae 1 rm ra rm SYMBOLLEGEND Tree to Remove NW 20TH STR ET - EmTEa I. - - 1 T NOTE. As staletl in the SMP/DCP/HASP/AMP, the excavatetl sail from the proposetl pervious/green areas will either be re-bd or Tb untlb—feet of acceptable clean fill or untlerihe pavement antl building areas orwill be properly tlisposetl of at a State of Floritla licensetl Class I, Subtitle D Lantlfill. All eadhwork activities shall be in accoNance with the Soil Management Plan(SMP�pust Control Plan(DCP�Healihe antl safely Plan(HASP�Air Monitoring Plan)AMP tlatetl June 110, 2021, antl response to comments tlatetl July 2'1, 20211, proparotl by Hytlrologic Associates U.S.A Inc. (HAI) antl approvetl by DERM with contlitions on August 113, 20211.' -Work shall follow all applicable safety requirements (e.g., OSHA etc.) antl notification shall be provi tletl to the appropriate agencies. -If contaminatetl sails are excavatetl tluring construction, they require proper hantlling antl tlisposal in accortlance with the local, State antl Fbd—1 Regulations. TOTAL DBH REMOVED Palms = 4 DBH = 344" Rea. Mitiaation Der Chanter 17.6.1.1 (1120) 2" DBH, 12' Ht. Trees "Provided Mitigation (52) 4" DBH, 16' Ht. TREES + 2" DBH, 12' Ht. TREES + 3" DBH, 14' O.A. Ht. NATIVE PALM Species Diversity Required U Species Species Diversity Provided Species "SEE L-02 FOR EXACT SPECIES AND LOCATION NOTICE PZ-22-13191_,A 02ron2a INDEX PLAN NORTH N.T.S. SHEET INDEX: L-01 TREE DISPOSITION PLAN L-02 LANDSCAPE INDEX L-03 LANDSCAPE PLAN- GROUND LEVEL L-04 LANDSCAPE PLAN- LEVEL 5 TERRACE L-05 LANDSCAPE PLAN- LEVEL 7 POOL DECK L-06 LANDSCAPE DETAILS Overhead Utilities : All overhead utilities will be relocated underground priorto installation of street trees. If not relocated by the time of planting, a change in species is required. Irrigation Note: Irrigation Plans will be provided attime of Permit GROUND LEVEL LANDSCAPE LIST TREES/PALMS a10 IEG— MATERIAL NIGuG HIGH cD 30 HIGH ca 0 12 HIGH GED 10 MEDIUM ME 12 IT XI SIR 2 111 11 HIGH qv 2 LIVE GAR — HIGH MEDIUM TR SEE LEIGITS IN IIN 9 FLISIDATI AL HIGH SHRUBS AND GROUNDCOVERS Al 9 HIGH AO HIGH 31 CE 263 HIGH CR2 571 HIGH FM 199 GREEN ISTbNNR1TS HIGH PS 105 HIGH SA 68 GREEN SITEFFLkHIGH TF IT SIR 12T 427 HIGH AMENITY DECK LANDSCAPE LIST TREES/PALMS a uG Ocs 10 HIGHS HIGH SME 2 12 IT XT SIR 2 GAL HIGH Ta 34 HIGH OVM g MEDIUM �.-y, VM CAIl 5 SINGLE MINTGIMERY IALM ITS MEDIUM 15 HIGH CC 6'AT PALM I GIL MEDIUM Cl 733 HIGH CUT 86 HIGH FM 497 GREEN IS— RITS GIL HIGH PS 344 HIGH TD HIGH 79 F—TITEE GRASS TOTAL DBH REMOVED Palms = 4 DBH = 344" Rea. Mitiaation Der Chanter 17.6.1.1 2" DBH, 12' Ht. Trees "Provided Mitigation 4" DBH, 16' Ht. TREES + 2" DBH, 12' Ht. TREES + 3" DBH, 14' O.A. Ht. NATIVE PALM Species Diversity Required Species Species Diversity Provided U Species "SEE L-02 FOR EXACT SPECIES AND LOCATION NOTICE \�1Z-22-13a1tl91_'A 02ron2a FHp HW=m D sm ZEE fgE Z'W ~— b' 'Rs .°, + A SKI JXLe1"Etl°0.°""'01H1O1L NOTE. As b-d in the SMP/DCP/HASP/AMP, the ex vated soil from the proposetl pervious/green either be reusetl onsite untler two feet of acceptable clean fill or untler the pavement antl bu Itl ng areas orwill be propedy tlisposetl of at a State of Floritla licensetl Class I, Subtitle D Lantlfill. w All eadhworkadivit- shall be i n accodance withthe Soi l Management Plan(SMP)/Dust Control '�rr�� Plan(DCP)/Healtheandsafety Plan(HASP)/Air Monitoring Plan)AMPdated June16,20211,and response to comments tlatetl July 211, 2021, prep—d by Hyd—gic Associates U.S.A. Inc. (HAI) antl tJ < r ,pp—b1by DERMwithwntlitionson Augustl1 ,20211.' J N -Worksdll follow all applicable safety requirements (e.g., OSHq etc.) antl notification shall be to the J fh X M provitletl appropriate agencies. -If contaminatetl soils are excavatetl tluring constmdion, they require proper hantlling antl tlisposal in \ Q QQ Z cvo d-bb with the local, State antl Fetleral Regulations. 0 w O a O J LL C) Cl LANDSCAPE LEGEND Information Required to be Permanently Affixed to Plan M ' Q Tmnsecl Z,,, T3 Total Nel Lol Area cr sf. OPEN SPACE REQUIRED PROVIDED c_Touls r_orla"as�r,�ope"�rece rea�lr�. a.a= TREES Jess,2ews um123 lotavru-nu ex 9 s= o_ iom%loerra teof, ed xzoi= e DigRellysigned e14 by AndrewM E ePs (mv�mpac,ng). y, Wrtkin D te: zozz.io.za a_— t-r(uil-n 1 17nsom -0a�oo� SHRUBS die. ovz,rsn,2 pe 1"a« ns _ P aea 11 %xa1 ' y mAll .r zap e SEE LANDSCAPE LIST I � L-02 f c a m..2o20-os, LANDSCAPE PLAN - LEVEL 5 TERRACE NORTH Scale: 1" = 20'-0" , NOTICE \�PZ-22-13a1tl91� 02ron2a AMENITY DECK LANDSCAPE LIST TREES/PALMS a10 uG S Ocs 11 IT HIGH HIGH �MF 2 HIGH ra SEE IE—TS 34 HIGH vM YYY 9 MEDIUM 5 MEDIUM Al 5 HIGH CC 6 MEDIUM CI 733 HIGH CU1 86 HIGH M qg7 HIGH PS 344 HIGH TD HIGH 791IM—EE SS 8 D 8m Z�E Fg�E z W S24IS. +R?I W W Q Q r J J M 0 w OJ Z OED LL a Z a a � U N ai. DigRallysigned by AndrewM ti'Y � W kin D e zozz.io.za n ss:aa-oa�oo� Overhead Utilities1112112122 All overhead utilities will be relocated underground prior a to installation of street trees. If not relocated by the time ' . A. of planting, a change in species is required. 4 rrigation Note: ; L-04 Irrigation Plans will be provided at time of Permit LANDSCAPE PLAN - LEVEL 7 POOL DECK Scale: 1" = 20'-0" NOTICE \�PZ-22-13a1tl91� 02ron23 AMENITY DECK LANDSCAPE LIST TREES/PALMS a10 us Ocs HIGH HIGH �MF 2 HIGH ra 34 HIGH ov" 9 MEDIUM 5 MEDIUM Al 15 HIGH CC 6 MEDIUM CI 733 HIGH CU1 86 HIGH FM 497 HIGH PS 344 HIGH TD HIGH 79 9 8m Z�E Fg�E Z, W S24IS +'SKI W o U' o J o O > � w 0 0 Z O m a z Q w � Q N Q au oigrcalrysigned :�� by AndrewM � W tkin o re: zozz.l o.z4 11 i6:46-04'00' Overhead Utilities 1112112122 All overhead utilities will be relocated underground prior to installation of street trees. If not relocated by the time . A. of planting, a change in species is required. NORTH Irrigation Note: ; L-05 1 Irrigation Plans will be provided at time of Permit „„_zo -os, LARGE TREE PLANTING DETAIL PLANTING NOTES: SMALL TREE PLANTING DETAIL a TYPICAL TREE GUYING DETAIL TYPICAL SHRUB PLANTING DETAIL TYPICAL CONTAINER SPACING DETAIL SOD NOTES: All plant material is to be Flonde Number 1 or better pursuant to the Florida Department of Agriculture's Grades and Standards for Nursery Plants. -AII plants are to be top dressed with a minimum 3" layer of Melaleuca mulch, Eucalyptus mulch or equal. -Planting plans shall take precedence over plant list in case of discrepancies. No changes are to be made without the prior consent of the Landscape Architect and Owner. Additions and or deletions to the plant material must be approved by the project engineer. -Landscape Contractor is responsible for providing their own square footage takeoffs and field verification for 100 sod coverage for all areas specified. - All landscape areas are to be provided with automatic sprinkler system which provide 100 % coverage, and 50 erlap . oAll trees in lawn areas are to receive a 24" diameter mulched saucer at the base of the trunk. - Trees are to be planted within parking islands aRer soil is brought up to grade. Deeply set root balls are not ac ceptable Planting soil for topsoil and backnll shall be 50/50 mix, nematode free. Planting soil for annual beds to be comprised of 50 % Canadian peat moss, 25 % salt free coarse sand and 25 % Aerolite. - Tree and shrub pits will be supplemented with "Agriform Palls", 21 gram size with a 20-10-5 analysis, or substitute application accepted by Landscape Architect. Deliver in manufacturer's standard containers showing weight, analysis and name of manufacturer. MAINTENANCENVARRANTY NOTE: At least 1-year period for any new trees to be installed. The irrigation schedule should be based on soil saturation measurements or observations. If testing is not performed, the following general guidance should be applied. • Sand does not hold water to the level of other types of soil, therefore more frequent, shorter duration waterings should be used • Irrigation should be maintained permanently for all vegetation. Despite live oak and certain other species being able to grow in an dy soil, they will be stressed in that environment and more susceptible to diseases and pests. • Permanent irrigation should be at an approximate level of 1 gallon of water per inch of trunk diameter for each plant being watered, with watering occurring a minimum of twice per week. Once this regime has been in place for one month, the plants should be assessed for water stress (over under watering), and the regime adjusted accordingly. Scheduled assessments should be made at a minimum of twice a year (spring and fall) for the first year, to identify if irrigation is sufficient during those periods. All fertilizer used should be granular -slow release. Water soluble fertilizer would pass too quickly through the soil to be available to the plants for uptake. Plants should not receive fertilizer beyond that of standard levels, as fertilizer reduces the water availability in the soil, which will already be reduced due to the coarse grain size. The plants should be assessed after six months (and then annually thereafter)to identify signs of nutrient deficiency, and then fertilization schedules can be adjusted thereafter. Sod is to be grade "A" weed free 1 TYPICAL GROUNDCOVER PLANTING DETAIL All areas marked "LAWN" shall be solid sodded with St. Augustine'Florrumm' solid sod. See limit on plan. All areas marked'So.o Gress'shall be solid sodded with Pospolum. -Provide a 2" deep blanket of planting soil as described in planting notes this sheet. Prior to planting, remove stones, sticks, etcfrom the sub soil surface. Excavate existing non conforming soil as required so that the finish grade of sod is Rush with adjacent pavement or top of curb as well as adjacent sod in the case of sod patching. -Place sod on moistened soil, with edges tightly butted, in staggered rows at right angles to slopes. -Keep edge of sod bed a minimum of 18" away from groundcover beds and 24" away from edge of shrub beds and 36" away from trees, measured from center of plant. -Sod Shall be watered immedintley aRer installation to uniformity at the soil to at least 2" below the bottom of the sod strips. -Excavate and remove excess soil so top of sod is Rush with top of curb or adjacent pavement or adjacent existing sod. GENERAL NOTES: The Landscape Contractor is to locate and verify all underground and overhead utilities prior to beginning work. Contact proper utility companies and / or General Contractor prior to digging for field verification. The Owner and the Landscape Architect shall not be responsible for any damages to utility or irrigation lines (see Roadway Plans for more utility notes). -Landscape Contractor is to verify all current drawings and check for discrepancies and bring to the attention of the Landscape Architect prior to commencing with the work. -AII unattended and unplanted tree pits are to be properly barricaded and Ragged during installation. All planting plans are issued as directives for site layout. Any deviations, site changes, etcetera are to be brought to the attention of the Landscape Architect for clarification prior to installation. NOTICE - m =" PZ-1071 3191� ozronza Dq IA DZ ur84 FgnE Z OC W �45m. 3+'gi W CD Q J J M Q W / 0 p O Q O LL U V1 m Z Q Q < ai- DigRally signed ^°` '^ by AndrewM �nEb. Dat 11:SJ:a6-a4'aa' R v eee ree i111, b, All d d�a m -0a. L-06 10/31/22, 11:41 AM https://secure35.ipayment.com/Miami/my/1/print_version.htm?_DOUBLESUBMIT_=%2f4%2fHPfdSA%2fdiNK8t5Bz471QaKU... Department of Finance Online Payments Receipt Your Reference Number: 2022304001-204 10/31 /2022 11:40:24 AM Web —user TRANSACTIONS If you have a Transaction ID, please click here 2022304001-204-1 $350.00 TRANS ID: 924583 BUSINESS NAME: COM Lien Search $350.00 FEE NAME: APPEARANCE FOR REVIEW - UDRB, CRC, VKAB, WDRC TOTAL AMOUNT: $350.00 PAYMENT Mastercard Credit Sale $350.00 FIRST ne 4ti'�` iiiiiiiiiiiiiiiuiiiuiiiuiuiuiiiiiiiuimiiiiiuiii https://secure35.ipayment.com/Miami/my/l/print_version.htm?_DOUBLESUBMIT=%2f4%2fHPfdSA%2fdiNK8t5Bz47IQaKU4YEKhUOzSmiNYr2oE... 1/1 Department of Finance Online Payments Your Reference Number: 2022305001-373 11 /01 /2022 2:27:21 PM Web —user If you have a Transaction ID, please click here 2022305001-373-1 $32,018.70 TRANS ID: 878472 BUSINESS NAME: COM Lien Search $3,500.00 FEE NAME: EXCEPTION - REQUIRING CITY COMMISSION REVIEW (EXCEPT CS AND T3) PER EACH REQUEST PER FOLIO Lien Search $28,518.70 WARRANT - ENTITLEMENT FEE (SQ. FT.) TOTAL AMOUNT: $32,018.70 Mastercard Credit Sale $32,018.70 FIRST 'N�'oiiiiiiiii `iuunnnmmu City of Miami InCORP RRRi1R ' 0RPR14/I UDRB Resolution File Number: 12958 Enactment Number: U131113-R-22-041 NOTICE Thl b itt I etl - be` h a ledb p b h hng In d wMh I' e f ,th th City of M CW Theappr d a 1- aX gbWywil th reconm� tth p b h n gt tl re ntlffion or a final dec aon. PZ-22-13191 3500 02/07/23 Mia www. m is Final Action Date: 1I16/2022 A RESOLUTION OF THE URBAN DEVELOPMENT REVIEW BOARD RECOMMENDING APPROVAL WITH CONDITIONS TO THE DIRECTOR OF THE PLANNING DEPARTMENT THE PROJECT, ALSO KNOWN AS PZ-22-13191, LOCATED AT 2000 NW 3 AVENUE, 408 NW 22 STREET, 318 NW 22 STREET, 2040 NW 3 AVENUE, ET AL., MIAMI, FLORIDA Neighborhood Service Center: Overtown Transect Zone: T5-0 Urban Core Zone New Construction: Attainable Mixed Use Development Digitally signed by Snow, Snow, David Date:2022.12.07 David 1 s:52:46-05'00' FOR; Planning Director Date Digitally signed by Adeyefa, Maria Adeyefa, Maria Date: 2022.12.08 12:06:32-05'00' UDRB Liaison Date Conditions: 1. Address the trash and loading areas. 2. Provide a comprehensive master plan and rendering showing the scales and interactions of the space. Massing of said master plan is sufficient. 3. Develop the east elevation along 3rd Av to keep the design language throughout. 4. Treat the other fagade like the south fagade to bring down the scale. City of Miami Page 2 of 2 File ID: 12958 (Revision:) Printed On: 121212022 Packet Pg. 8 TREE TABLE a�mmm ©�mee a��mem am�mtm�m�® mimeo m��mem m��mmm m��meo m�®BBB m�mem m��BB m��mee m��mem o�mee m��mem m��BB m��BB m��BB m�®eem m�mem mimeo m�mmo m�mmo m��meo m��mme m��mee LEGAL DESCRIPTITOOMON: FLOPINA AND c0PT4DMA as1.as2 souARETOE CTL FEET F11.IS. IACREsz MORE .1 LESS g`m N215E -_ SHEET 3 m __ TER RACE i E. NW 21 AT STREET / � l Q z .m g1a LN. N I d�6 SHEET 2 aR cE �-A _ saa�m NOW 20TH STREET � I VICINITY MAP NOT TO SCALE NOTICE :NEB \�PZ-22-13a1tl91� B2b,123 NOTES1 E LE FLAT ONE AIR E EASED ON NATO NAL 1EODET1 1E1111L FALLS 21 EE oL '1'0csosEM PACTiv Osi sauTHE,NRANCF aoic FAST CON STPUC, ON ONTACT TILTOOE AFITPPROPRIATE unuTY COMPANIES FOR FIELD FEEL "T AN NO A AN A FMv FioEUTp N I ION IEFLLEAMNA s AaF SCHEDULE e sECTiorLMENT III TITLE IN N CII NO NO 06ii �x�cFP.IONs TO SAID THE PLY TO THIS 1� IE s Pc DR AFIEPF iR corvOlnorvwc. AND ITEM 8-LEBM AND COLD TON 01 T 0 AT LEASE BY AND BETWEEN EPA_ LABEL, ARE 'A'ED ON RE'O"ED PLATS TI ME E NO SHEET 1 OF 3 COMPLETE wlTHouT SHEETS z , IC I RAINBOW oVILLAGE F BIAMI M IS— OF, I -DADE C.U—) CERTIFICATION: BOUNDARY AND TOPOGRAPHIC SURVEY I HEREFI CERTIFY: THAT THIS MAP OF SURVEY MEETS THE STANDARDS OF PRACTICE SET FORTH PULICE LAND SURVEYORS, INCTHE. FLORI DA ADMINISRATIVE CODE, PURSUANT TON O SEIS ER 5J iT 5381 NOB HILL ROAD Digitally signed EbyJohn F SUELEPH. FLORIDA John F P _ x)EPSA ET J �Oh' ^ L SURVEYOR AND MAPPER LS2691 WEEIPE O'TATEAOF F.ORIDA R, 1111SUPA11.1 AND MAPPER L54290 LEGEND SEE SHEET 3 MATCH LINE A O UrvoEre�reourvo s.oreM sEwere L�rvE ' ¢d 4 y e p TRneT zz — s— — 9 `Ir IITz11 m' 1w S \a+oaf concRETE _ _ _ N —v a �wE `1MNPRRK' SUMINSION R R'SUR� d uCYMPPRN SUBf11NSICN 8 yFEf I � Q R. P.B. 85. FLA11-' �p - -D` = NOTICE E«c,II1 � 1 pax j l `; eOJR°� sue%FLAb — i. R n P. „°.. � 'a o� : o4zo Di Hoar m oK osa0a^. dill Ni [ _ aA, PZ-22-13191 - a/<N ano us 02Po]/23 NrF uOrvuuErri c ¢ A e g avAd xx° p f'`"dRW S R NF • ro . Lro iau ory .TP s �c moo, A „`. ^ W RAC � ^" =auFik"n3 Win" �43ks anti."°" �.w NN20TH TERE ---- s.. °'x'.w a 3 ne Bo..LTa^aTry .ja _ 1 e w „ e A R 25.00 .d 4, __ +4aAs R'o,° swans aa.zs nr r°:.,^^ rrR vru aw I'm ^u ww� W Z ,owe.,. sl�f,1135 i _— FQ °"°� "•.^ae-� _ — — — — — NW 20TH STREET TO I m o E. _PARK „ IXvuPnRK SuapvI90R 5 n�P""°'°� U.R. PSI€1'dk"1d '"- yM /ED ae Mm r" Lox /z •secua DNI. P"/az LOT LOT s T s //TaLo/ � LOTi ZwQa ]—�W�ROoePG. i/• x PT'o5l m� - W 2 LW NW21stSTREETI 1 W y- �NNe°p I LOT LOT T LOT 6 ia 4SECURnv ADDITPRULO[{cCR R, NIeNI, Re'i LOT 3 LOT 2 LOT , - `� .. a ~,0 9'� NW �- men xEKm.Lop.Ie�Nrtc-.�RnR.p.�ArRulEn ---sue•°".,,.°°� p o tftft!D k%T Nnr T1Aa1 - ,°F61E �KaS' R&Ab^" es.oave / k Diu `RE5UR �V�SIUN g�C[N 8 eR0 LSlS 1-1 BLCCN JOLu HN90N eND WeCDLE eOtIIIION- 00 _ I 1 PB. 4' _ _ �WzU •�CNN - Digitally signed — — �[ �no '�"IWV John F by John FPulice I W620TH STREET L _ IOU Date:2022.12.21 P u I i ce 12:20:59-05'00' O.R.0 p P.R. Rq Pc. 2, I I � $ az.a eiCg R=25 00'ti i rye^ -. v REET, 0 NO 6DIP � GRAPHI oSCALE 3s S " SHEET 2 OF 3 THISPLETE DOCUMENTO UT IS NEITHER FULL NOR COMo RAINBOW ,VILLEFLAGE OFMPIPE -INTrr BOUNDARY AND TOPOGRAPHIC SURVEY PULICE LAND SURVEYORS, INC. 5331 NOB HILL ROAD SUNRISEG , FLORIDA 33351 + CERTIFICATE OF AUTHORIZATION (554) 5T2-i TTT %DN"') "'-I... �Lab38" LEGEND O LSHEET 3 OF 3 mua c.c w=Nou= sNcns a T 0 aualfcy� Digitally• -•• raou nN or. . ar Pu..E Le sua�vo wc. waninc GRAPHICD SCALE NOTICE ICE P u I i e e Date: 20p22.12.21 1 2:21 $-051001 PZ-22-13191 02ron23 TRACT P BLDCK R d wrRwppp re �ous,�pL �orzPLEX' ,ss ^ a 'PR a'"„? 1.n. MCqND PeD'i 70 CI•v pF uAu. rLD I- D] • P 6 9 G. B Szs.S�^ ,f ac�,r,q',.a5. ;a s ^ 9 dk'flhr,krniF ueew ,. ttRut S � "reo N�°; M ._ _ . 7�noa`d NW 22ND STREET , r r _.. ,.,», `�.. a,.` a IFRC: �kMw"beWb serrav `- 3.6a'I pf 80 } � ^' F 6&E...,( as �1 I i � � •9 - � de - Y� r .. '. € $ a PC 1 . �3n/ ., �1�au 1 I �dr �a;'^ � g E =a� °.. '� � >�•� � i '° �n �°� t � F �I' Will top'ra �. 0_d�e. olYti�lBaF"Rf,F ;°; e,Q e JN.RF s"� S8T4525 W 335'.03 �tPi g"645, 1239 E 1000 _ V Ap —TCE °fig, E F �•n .a r — ° .��r.a i�'�4..m _ n a7 hry u -TQWNpR R 'tt116fYV19CN 1R. DLIT 9 LOT BN S ..v � W d er '&6 NW 216T W d d dd d ----- --- - R ,, a W"— 641E ] ® "fief ] an ----- -- __ ,n 6arc*°= F� ]R o• p ... WEE 1 I - � �s U R �RO /� bu Nka°JB�wLu = o L L a 4m,.,.w. leT d 9 LOT 17. d Nab-44's4°E o. {4i`°'�. - 11 o°a,r +a'nv `= «.R a �m �'i� _______ ________ ______ _ ______ _______ _ _____________� n ______ ________---------------_----_ : g.x'.'-' mod,, W&II° �° d �.A 7 , o ��k A •1ormPneiACue�Wso ps pp a - q R P8 9 ' I a&4f d !Rt p Ma�.° " MATCH LINE A�� v $ :✓ SEE SHEET 2 --- -- ---------- - EXHIBIT'A' SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 E—MAIL: surveys@pulicelcndsurveyors.com CERTIFICATE OF AUTHORIZATION L8#3870 LEGAL DESCRIPTION: TRACTS 2 AND 3 OF TOWN PARK SUBDIVISION NO. 1, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 85, PAGE 31, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA AND TRACT 22 OF TOWN PARK SUBDIVISION NO. 6, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 91, PAGE 88, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA. NOTES: 1) BEARINGS ARE BASED ON AN ASSUMED MERIDIAN WITH THE NORTH LINE OF TRACT 2 BEING N87°47'14"E. 2) THIS SURVEY SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4) ALL RECORDED DOCUMENTS ARE PER THE PUBLIC RECORDS OF MIAMI—DADE COUNTY. 5) THIS SITE IS CURRENTLY ZONED T5-0. FILE: HOUSING TRUST GROUP EETF 2 r Is �I�� {,rF�T��rry�� SCALE: N/A DRAWN: L.S. John C`'IA 'r'�' s�RIA1 �lo ORDER NO.: 67520 by John F Pulice DATE: 8/13/20 . Date. 2023.01 .23 REZONING SKETCH NE11 C P SIr-NAL SURVEYOh AND MAPPER LS2691 0 SIj�'Al_ SURLV�Y nMIAMI, MIAMI-DADE COUNTY, FLORIDA B r ESSIONAIS •�4P1�MAI 51094 ❑ DONNA C. WEST, PROF=SSIONAL SURVEYOR AND MAPPER LS4290 FOR: RAINBOW VILLAGE STATE OF FLORIDA SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 E—MAIL: surveys@pulicelcndsurveyors.com CERTIFICATE OF AUTHORIZATION _8#3870 Lij Z) z I; NW 22ND STREET SOUTH RIGHT—OF—WAY LINE IQ R=25.00' N8747'14"E 746.86' NORTH LINE TRACT 2 = CA=89°57'16' R=25.00 LO A-39.25' CA=89°54'31" CA 48 .1 _ _ _ NO2`10'38"W 39.44' A=39.23' NW 21ST z R=75.00' S02°12'39"E S87°45'25"W TERRACE A 63 081 34 10.00' 139.91' 3 N TRACT 2 "TOWNPARK" SUBDIVISION 1 0 �= W 335.03' U.R. PROJECT FLA. R-10" TRACT 1 M o PLAT BOOK 85, PAGE 31 J W I o ; ¢^ ¢� "TOWNPARK" SUBDIVISION 1 `� r ¢ 3 o¢ �o a-Y U.R. PROJECT FLA. R-10" N N o o �W om PLAT BOOK 85, PAGE 31 z � w NW 21ST z Wo �¢ ° ci � STREET o z 1 4 w w� NORTH LINE NORTH LINE o i I TRACT 3 TRACT 22 N Q NOTES: o oM 1) THIS SURVEY N�CD - z SKETCH DOES NOT ' � � o dcL J REPRESENT A O N gym` � IW TRACT 22 zN I BOUNDARY SURVEY. I U co aNVY 3 "TOWNPARK SUBDIVISION 6 U.R. PROJECT FLA. R-10" a �m PLAT BOOK 91, PAGE 88 NW 20TH �n I TERRACE LEGEND: F R RADIUS I CA CENTRAL ANGLE SOUTH LINE TRACT 2 I R=25.00' A ARC LENGTH �SOUTH SOUTH LINE TRACT 22 R=25.0 04'08" A=39.30' R=25.00' NORTH RIGHT- S8744'52"W 588.29' - - — OF —WAY LINE CA=89°59'50" A=39.27' NW 20TH STREET FILE: HOUSING TRUST GROUP SHEET 2 OF 2 THIF D C ME T I EITH R FULL N R SCALE: 1 "=150' DRAWN: L.S. Co 1P EI ��I� I 1�Tsyg n�1�2 ORDER NO.: 67520 John F J by John F Pulice DATE: 8/13/20 + REZONING SKETCH FESSION aL su��ea.N R s &� BE U SIONAI. SURVEJ&44) vtRF�PER)05 MIAMI, MIAMI-DADE COUNTY, FLORIDA vIC iiL RCI-E�SIONAL ��yy�� Ivr P R 274 ❑ DONNA C. WEST, PROFS olONAL SURVEYOR AND MAPPER LS4290 FOR: RAINBOW VILLAGE STATE OF FLORIDA ACKNOWLEDGEMENT BY APPLICANT The Department of Resilience and Public Works, Transportation, Coordinated Review Committee and other City and County agencies review zoning public hearing requests and provide input, which may affect the scheduling and outcome of my hearing. These reviews may require additional hearings before other City and County boards, which may result in the modification of plans, studies and/or the proffering of agreements to be recorded. The submission and acceptance of a request for public hearing means that the application is ready to be scheduled for public hearing. I am also aware that I must comply promptly with any City or County conditions and notify the Hearing Boards (Hearing Boards) in writing if my public hearing application will be withdrawn. 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, 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, 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. Acknowledgment by Applicant Updated 08.13.2020 Page 1 of 4 8. Any and all documents submitted must be accompanied by a cover letter indicating the subject matter• application number and hearing date. Ryan D. Bailine Applicant(s) Name Printed Applicants) Signature and Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of W physical presence or LJ online i notarization. this I j7 i 206 3 by G r� cu 4 in r' (name of person acknowledging), who is personally known to me or who has produced identification. [Notary Seal] 4 . A,.,4 Notary Public as G -11 Y M. t1ARLEH€ GOH2ALE2 Name typed, printed or stamped Notary public . State of Florida Commission x HHd12442 My Commission Expires: -46 ►'1 12 My Comm. Expires Jan 5, 2025 STATE OF FLORIDA COUNTY OF MIAMI-DADE oing instrument was acknowledged before me by means of El physical ,presence or a online notarization, or agent, title of officer o ent)" of a State of Florida corporation, on produced [Notary Seal) AWhowledgment by Applicant Updated 08.13.2020 Page 2 of 4 20 by of the corporation. He/she is as identifica name of officer rporation acknowledging), Ily known to me or has Notary Public Name typed My Commission Ex or stamped Note: Annual Registration Expires on 12/31/2022 CITY OF MIAMI LOBBYIST REGISTRATION FORM Instructions: Please complete all sections of this form and submit the completed form, with the applicable fee(s), to the Office of the City Clerk. If you need more space to complete a section, use a separate sheet(s) of paper. If you have nothing to report in a particular section, you must type or print "None" or 'IN/A" in that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEPTED. 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: Neufeld, Marissa, A. (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YES�NO �Qou must check YES or NO Business Phone: 305-579-0825 Email: Marissa.Neufeld@gtlaw.com Business Address (include Zip Code): Greenberg Traurig, P.A. 333 SE 2nd Avenue, 41st Floor, Miami, FL 33131 (2) Principal Represented: N/A (Name of corporation, partnership, trust, etc., you are representing) Business Address (include Zip Code): (3) IP 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 tvRe or RLLnt "None" or "NIA". None (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 Rdep6atilin" and4he year that you are registering for (ex: Annual Registration 2020). _ Annual Registration 2023 Page 1 of 2 ` Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: clerks@miamigov.com CM-LRF (Rev. 11/2021) (5) Lobbyists shall be required to state the existence of any direct or indirect business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, the City Manager or a member of the City staff before whom he/she lobbies or intends to lobby. Attach separate sheet if needed. If this section is not a licable you must type or vrint "None" or "NIA". None Lobbyists, as defined in City Code Section 2-653, shall pay an annual registration fee of S525,0%'_ plu$,'$105.dB;for each principal represented for each issue lobbied on behalf of any one principal. Each issue assafia ed ►vatb lobUying shall be described with as much detail as is practical. The City Clerk, or the City Clerk's desigAte, shaft Yejeci 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 renoW oft•;calendar year basis. s Each lobbyist shall, within sixty (60) days after registering as a lobbyist, submit to the Ogee 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 Signature of Lobbyist COUNTYOF Miami -Dade Sworn to (or affirmed) and subscribed before me by means of Zphysical presence or ❑ online notarization, this Z.Z- day of 2022 by (Month) (Year) ._ •T. ,Fn •►. .F Personally Known: finj�j_— OR Produced Identification: Type of Identification Produced: Marissa A. Neufeld (Name of person making statement) Name of Notary Typed, Printed ir Stamped FOR OFFICE USE ONLY: Check # Receipt # fix► MARIA JOSE LOPEZ Notary Public • State of clorida z Commission # HH 081354 My Comm. Expires Jan 14, 2025 CM-LRF (Rev. 11/2021) Page 2 of 2 Note: Annual Registration Expires on 12/31/2021 CITY OF MIAMI LOBBYIST REGISTRATION FORM R ,1Vf� RF Instructions: Please complete all sections of this form and submit the complete fo thPAZ*lWcable fee(s), to the Office of the City Clerk. If you need more space to complete a SSFAW,asg r" to sheet(s) of paper. If you have nothing to report in a particular section, you must type or pG1fi�' jj' ANA" in that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEPTED. 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: Neufeld, Marissa, A. (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YES ❑ NO Z (You mast check YES or NO) Business Phone: 305-579-0825 Email: neufeldm@gtlaw.com Business Address (include Zip Code): Greenberg Traurig, P.A. 333 SE 2nd Ave, 4400, Miami FL 33131 (2) Principal Represented: Rainbow Development, LLC (Name of corporation, partnership, trust, etc., you are representing) Business Address (include Zip Code): 3225 Aviation Avenue, 6th Floor, Coconut Grove Florida 33133 (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", See attached Exhibit "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). Entitlements in connection with Development of Property at 2000 NW 3rd Ave Page 1 of 2 Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: clerks@miamigov.com CM-LRF (Rev. 12/2020) (5) Lobbyists shall be required to state the existence of any direct or indirect business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, the City Manager or a member of the City staff before whom he/she lobbies or intends to lobby. Attach separate sheet if needed. If this section is not al2plicable you must tylle or print "None" or "N/A". N/A 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 e-J course shall submit a certificate of completion within sixty (60) days after registering as a lobbyist. In iFJ I do solemnly swear that all of the foregoing facts are true and correct, and I have read or aur.Amill wthe provisions contained in Chapter 2, Article VI, Sections 2-651 through 2-658 of the Miami City Codes atWvdW. /l 0 Signature of Lobbyist STATE OF Florida x COUNTY OF Miami -Dade Sworn to (or affirmed) and subscribed before me by means of physical presence or Lionline notarization, this day of _ l ru d f1t4 2021 by ( th) (Year) • 5ia ture of Not ublic Marisa A. Neufeld J Personally Known OR Produced Identification - Type of Identification Produced: (Name of person making statement) Name of Notary Typed, Printed or Stamped �►xr "�1 M. DARLENE GONZALEZ t Notary Public - State of Florkia Commission # HH 077442 My Comm. Expires Jan 5, 2025 FOR OFFICE USE ONLY: Check # —I j .!3 4 / & Receipt # s-o 6-4t'? CM-LRF (Rev. 12/2020) Page 2 of 2 Exhibit "A" Rainbow Village Miami, Miami -Dade County, FL CURRENT OWNERIAPPLICANT: RAINBOW REDEVELOPMENT, I.I.C.a Flodda limited liability company Sale Member HTG Affordable Holdings, LLC a Flodda limited liability company Trustee: 90%Member. Manlrw0. Pot Ma1[hewA Mager Investment Trust _ .77.c., Irrevocable MGM nu Beneficiary Gina Fbeger L Gina D. Rtoq Irrevocable MGM B9ntlf;Parr Gina D. D% ern. r Meredith $, 619 a11a �a. r Tlerlea 15%Member aft6adra 8. Balaq Alexandra B Balogh Trust BnsrSclsay Trustee:r. f Aatfraw C.t Berltllfoa7 Aty1t" C. ea n O p r 7 �r Ln a C1 ©i{"r1 y .� r C , ON Certificate of Completion This is to certify that Marissa Neufeld has satisfactorily fii filled the requirements for lobbyist training under section 2-11.1 (s), Miami -Dade County Code, by participating in Miami -Dade Ethics Training Certificate conducted by the Miami -Dade Commission on Ethics and Public Trust on This Certificate is valid through December 11, 2020 to December 11, 2022 Jose Arrojo, Executive Director Miami -Dade Commission on Ethics and Public Trust Note: Annual Registration Expires on 12/31/2022 CITY OF MIAMI LOBBYIST REGISTRATION FORM Instructions: Please complete all sections of this form and submit the completed form, with the applicable fee(s), to the Office of the City Clerk. If you need more space to complete a section, use a separate sheet(s) of paper. If you have nothing to report in a particular section, you must type or print "None" or "N/A" in that section. IF ANY SECTION IS LEFT BLANK THE FORM WILL NOT BE ACCEPTED, 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: Bailine, Ryan, D. (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YES[�JO7X(you must check YES or ISO Business Phone: 305-579-0508 Email: bailiner@gtlaw.eom Business Address (include Zip Code): Greenberg Traurig, P.A. 333 SE 2nd Avenue, 41 st Floor, Miami, FL 33131 (2) Principal Represented: N/A (Name of corporation, partnership, trust, etc., you are representing) Business Address (include Zip Code): (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 4r trust; and the names and addresses of all persons holding, directly or indirectly, at least five percent (5%) oWbership interest in said corporation, partnership or trust. Attach separate sheet if needed. If this section ism apglic� able- u must Up or print "None" or 'IN/All._ -. None - (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). Annual Registration 2023 Page 1 of 2 Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone; (305) 250-5361 / Email: clerks@miamigov.com CM-LRF (Rev. 11/2021) (5) Lobbyists shall be required to state the existence of any direct or indirect business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, the City Manager or a member of the City staff before whom he/she lobbies or intends to lobby. Attach separate sheet if needed. If this section is not a li able you must type or Tint "None" or "N/A". None Lobbyists, as defined in City Code Section 2-653, shall pay an annual registration fee of $525.00; plus_�1105.60 for each principal represented for each issue lobbied on behalf of any one principal. Each issue assogiAted with lobbying shall be described with as much detail as is practical. The City Clerk, or the City Clerk's designee; shad 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, a provisions contained in Chapter 2, Article VI, Sections 2-651 through 2-6580 STATE OF Florida COUNTYOF Miami -Dade have read or\am familiar with the the Miami City Cede, as amended. ure brLob �t Sworn to (or affirmed) and subscribed before me by means of physical presence orElonline notarization, this '>--e— day Of ��_ - , 2022 by Ryan D. Bailine (Month) (Year) (Name of person making statement) r S na u Iry Public . Personally Known: 7-t— OR Produced Identification: Type of Identification Produced: Name of Notary Typed, Print d or Stamped FOR OFFICE USE ONLY: Check # Receipt # MARIA DOSE LOPEZ : Not+ry P011C State of Fiarida b,0 COmmissipn x HH 081354 My Comm. Expires Jan 14. 2025 CM-LRF (Rev. 11/2021) Page 2 of 2 (5) Lobbyists shall be required to state the existence of any direct or indirect business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, the City Manager or a member of the City staff before whom he/she lobbies or intends to lobby. Attach separate sheet if needed. If this section is not applicable you must tvve or print "None" or "N/A". N/A 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. o a •-r1 I do solemnly swear that all of the foregoing facts are true and correct, and I hav door awn iw t 'the provisions contained in Chapter 2, Article VI, Sections 2-651 through 2-658 of the iami City d a ide�!A w C2 YTi � ' N Sig at re o obbyi STATE OF Florida COUNTY OF Miami -Dade Sworn to (oar affirmed) and subscribed before me by means of [Ed physical presence or online notarization, this day of r 20 by Ryan D. Bailine (Month) (Year) (Name of person making statement) re o Notary Public Personally Known: OR Produced Identification: Type of Identification Produced: Z)P / V C, / C Name of Notary Typed, Printed or Stamped AA RA,= Comm�ioe # H 002127 +'= Expires June 7, 2024 °r *�°' W" TWu Tny Fain Nwrance A00,'i15111! FOR OFFICE USE ONLY: Check # 1 ' Receipt # J V CM-LRF (Rev. 12/2020) Page 2 of 2 Exhibit "A" Rainbow Village Miami, Miami -Dade County, FL CURRENT OWNER/APPLICANT: Manager RAINBOW REDEVELOPMENT, LLC. Matthew A. RI a Florida limited liability company Manager: — Rsndv E. Ric Sole Member Managsc HTG Affordable Holdings, LLC MaiShew A. REe er a Florida limited liability company T — Trustee: 40% Member. Matthew A. Rlager Matthew A. Rio or Investment Trust Beneficiary' - Motthaw A. Rfeger 10% Membsr Trustee: Matthew A. Rleger, Matthew A. Rlagar Irtevocable MGM Beneficiary: Trust Matthew A. Wager 10% Membar. TrOates: Gina D. Riagair Gina Rlogar Irrovocabla MGM Beneficiary; Trust Gina D. Mow 10%Member Trustee: Mrradhh R. aranaifarp Meredith Branclforte Irrevocable MGM BenefrrJery- Trust Meredith H. aramenar l f V � O Trustee: 15% Member• exandra B. Baiog t"YFT7 Alexandra B. Batagh Trust eensfrclary:. �. 1 co y--�-, r ' lexandra B. Salog 1 Trusles: rTi ul f Y 1 15% Member. Andrew C. Balogh Andrew C. � Z' w Balogh Trust beneficiary: Andrew C.Balogh� N CD 4' �C V Certificate of Completion This is to certify that Ryan Bailine has satisfactorily fulfilled the requirements for lobbyist training under section 2-11.1 (s), Miami -Dade County Code, by participating in Miami -Dade Ethics Training Certificate conducted by the Miami -Dade Commission on Ethics and Public Trust on � o N C'y r This Certificate is valid through December 11, 2020 to December 11, 2022 N eA v Jose Arrojo, Executive Director Miami -Dade Commission on Ethics and Public Trust r?i AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ryan D. Bailine who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property 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 full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out In the foregoing petition, ❑ including ar ❑ not including responses to day-to-day City staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. 5. That a refund, if any, by the City is to be issued to the following person at the address indicated: Greenberg Traurig P.A. 333 SE 2nd Ave, 4400 Miami FL, 33131 Further Affiant sayeth not. Ryan D. Bailine, Esq. Applicant(s) Name Printed Z�2_ Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE !! The foregoing was acknowledged before me this day of 20 A �) , by -, 55 _ who is a(n) individu artner/agent/corporation of 0 a(n) individual/partnership/corporation. He/She is X personally known to me or 0 who has produced as identification and who ❑ did 1K did n take an oath. (Stamp) M. DARLENE GONZALEZ Sig fiature Hotasy AsrbifC • State of Florida "W Commission N HH 077442 My Comm. Expires Jan 5, 2025 Rev. I0-1 R CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION 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: Middle Name: Last Name: Home Address: Home Address Line 1: Home Address Line 2: City: State: Florida Zip: Contact Information: Home Phone Number: Cell Phone Number: Fax Number: Email: BUSSINESS or APPLICANT or ENTITY NAMeiami-Dade County, a political subdivision of the State of Florida Address Line 1: c/o Miami -Dade Public Housing and Community Development Address Line 2: 701 NW 1 CT, 16th Floor, Miami, FL 33136 Doc. No.:86543 Page 1 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Exception Application 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. • Name of Person/Entity: • Phone Number of Person/Entity: • Address of Person/Entity: 2. Please describe the nature of the consideration 3. Describe what is being requested in exchange for the consideration. Doc. No.:86543 Page 2 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION 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 effect; 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 Name5,� Signature Sworn to and subscribed before me this day of 20 The foregoing instrument was acknowledged before me by r rp who has produced as identification and/or is personally known to me and who did/did not take an oath. STATE OF FLORIDA CITY OF MIAMIMY COMMISSION EXPIRES: ILEAM PIFFERRER W COMMISSION f HH 223W EXPIRES: May 30, 2020 1 ".' Doc. No.:86543 Page 3 of 3 DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires all parties making any presentation, formal request or petition to the City Commission or any City board with respect to any real property to make full 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 Miami Dade County Percentage of Ownership 100% Subject Property Address(es) 220 NW 20 ST; 224 NW 21 ST; 246 NW 20 ST; 2173 NW 5 PL; 2185 NW 5 PL 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 #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): Please refer to Exhibit "A" attached herein Owner(s) or Attorney Name Ac,&"4 4 r CL.� V � " t Ow"ner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was ac nowledged before me this �2— day of J1-6rOa-tw 20-) � , by S ✓ who is a(n) individual/partner/agent/corpora ion of '%- ) individual/partnership/corporation. He/She is 03 personally known to me or ❑ wh as produced as identification and who S1 ature ! ,, ►'"""ra: ILEANAPIFFEMR MY COMMISSION I HH 22360 EXPIRES: May 30, 20" (Stamp) Rev. 10-18 EXHIBIT 'A' SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. �$ 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-17779FAX: (954) 572-1778 E—MAIL: surveys®pulicelondsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 LEGAL DESCRIPTION: TRACTS 2 AND 3 OF TOWN PARK SUBDIVISION NO. 1, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 85, PAGE 31, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND TRACT 22 OF TOWN PARK SUBDIVISION NO. 6, U.R. PROJECT FLA, R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 91, PAGE 88, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. NOTES: 1) BEARINGS ARE BASED ON AN ASSUMED MERIDIAN WITH THE NORTH LINE OF TRACT 2 BEING N87'47'14"E. 2) THIS SURVEY SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY. 3 THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4) ALL RECORDED DOCUMENTS ARE PER THE PUBLIC RECORDS OF MIAMI-DADE COUNTY. 5) THIS SITE IS CURRENTLY ZONED T5-0. FILE: HOUSING TRUST GROUP jd[JF TF Ic SCALE: N/A DRAWN: L.S. FC" IA ORDER NO.: 67520 by John F Pulice DATE: 8/13/20 *G* DDat�2 23.01.23 REZONING SKETCH ! Slr•NAL SURVEYOK AND MAPPER LS26911��VI SIGN SURVAYi .A�1 MA� �e�/4 MIAMI, MIAMI-DADE COUNTY, FLORIDA VICT9 � ESSIONAL I�Syy��UMpp�� ,��Pp1llB��/ ❑ DONNA C. WEST, PR')F_SSIONAL SURVEYOR AND MAPPER LS4290 [FOR: RAINBOW VILLAGE STATE OF FLORIDA DISCLOSURE OF LESSEE The Miami City Code requires disclosure ofall parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. The property described in Exhibit "A" attached hereto is tinder Lease. NAME OF LESSEE: Rainbow Redevelopment. LLC a Florida limited liability company Address: C/O Ryan D. Bailine, Esq. Greenberg Traurig, P.A. 333 SE 2°d Avenue, #4400 Miami, FL 33131 Rvan D.-Bailine Lessee or Attorney Name Lessee or Attorney"s Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me by means of ,, physical presence or _ online notarization this A n.1 day of F- r 2023, by Ryan D. Bailine as attorney for Rainbow Redevelopment, LLC a Florida limited iability company, the Lessee. He is personally known to me or who has produced as identification and who did (did not) take an path. r M. DARLENE GONZALEZ '� Notary Fr,blft - State o1 Florida (Stamp). Commission IVHN t777442 d�': ar My Comm. Expires Jan 5, 2025 ACTIVE 549918770 Exhibit "A" TRACTS 2 AND 3 OF TOWN PARK SUBDIVISION NO. 1, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 85, PAGE 31, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND TRACT 22 OF TOWN PARK SUBDIVISION NO. 6, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 91, PAGE 88, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ACTIVE 54991877vl State of Florida Department of State I certify from the records of this office that RAINBOW REDEVELOPMENT, LLC is a limited liability company organized under the laws of the State of Florida, filed on February 4, 2020, effective February 3, 2020. The document number of this limited liability company is L20000033399. I further certify that said limited liability company has paid all fees due this office through December 31, 2022, that its most recent annual report was filed on April 29, 2022, 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 Second day of February, 2023 Tracking Number: 0301891042CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication M I A M I-DADE Daniella Levine Cava, Mayor January 25, 2023 Ms. Lakisha Hall City of Miami Director of Planning and Zoning 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33131 LHull@miamigov.com Public Housing and Community Development 701 NW 1st Court, 16th Floor Miami, FL 33136-3914 T 786-469-4100 - F 786-469-4199 miamidade.gov Re: Rezoning Application PZ-23-16014 and Comprehensive Plan Amendment PZ-23-16009 12000 NW 3rd Avenue (the "Property") Dear Ms. Hall: Housing Trust Group, LLC ("HTG") is the ground lessee of the above -referenced Property, which is owned by Miami -Dade County (the "County") Public Housing and Community Development. In furtherance of HTG's efforts to redevelop the Property, HTG has applied to the City of Miami for a rezoning of the Property from T5-0 to T6-8-0 under the City of Miami Process No. PZ-23-16014 (the "Rezoning Application"). Furthermore, HTG has applied for a Comprehensive Plan Amendment from Medium Density Restricted Commercial to Restricted Commercial under the City of Miami Process No. PZ-23- 16009 (the "Comprehensive Plan Amendment Application"). A copy of HTG's letter of intent in support of the Rezoning and Comprehensive Plan Amendment applications is enclosed. This letter shall serve as written confirmation by the County that HTG and Greenberg Traurig are authorized to process all applications in connection with the redevelopment of the Property, including but not limited to any Rezoning and Comprehensive Plan Amendment applications and any future site plan applications If you have any questions, please do not hesitate to contact me. Sincerely, 1 "haeT L Director CERTIFICATE OF COMPANY RESOLUTIONS OF RAINBOW REDEVELOPMENT, LLC The undersigned, being the manager of Rainbow Redevelopment, LLC, a Florida limited liability company (the "Company"), hereby certifies as follows: The Company is a duly formed, validly existing limited liability company in good standing under the laws of the State of Florida; Matthew A. Rieger, an individual, is the manager of the Company; and On February 1, 2023, the following actions were unanimously adopted by the Company and the same have not been revoked, canceled, annulled or amended in any manner and are in full force and effect on the date hereof: WHEREAS, the Company is the Lessee of that certain real property located in Miami -Dade County, Florida and more particularly described in attached Exhibit "A" (the "Property"); and WHEREAS, the Company wishes to join in that certain City of Miami (the "City") Exception Application (the "Application"); and NOW THEREFORE, BE IT RESOLVED, that it is in the best interest of the Company to join in the Application. FURTHER RESOLVED, that the Company authorizes the execution and delivery to the City of Miami of any and all documents required in connection with the Application (the "Application Documents"). FURTHER RESOLVED, that Matthew A. Rieger, as the manager of the Company, acting alone, with full power of substitution, is authorized to execute and deliver the Application Documents. FURTHER RESOLVED, that the Company ratifies and confirms the acts of the Manager executing and delivering the Application Documents, regardless of whether such acts were performed before or after the date this Resolution was adopted. FURTHER RESOLVED, that these Resolutions will continue in full force and may be relied upon by City and Greenberg Traurig, P.A. until receipt of written notice of any change. FURTHER RESOLVED, that a facsimile, PDF or other electronic copy of this certificate shall be deemed an original, and the City, or any other entity or person may rely upon a facsimile, PDF or other electronic copy of this certificate in determining the validity of the actions taken hereunder. ACTIVE 685012547V1 The undersigned has executed this Certificate on February 2nd , 2023. N •eger Title: ger STATE OF • ' 1D COUNTYOF i The foregoing instrument was acknowledged before me by means of Erphysical presence or 0 online notarization this day of February, 2023, by Matthew Rieger, the Manager of Rainbow Redevelopment, LLC, a Florida limited liability company. Notary Public, StaWof Florida at Large I, �,�In gMjr�L�c3:rr� Print Notary Public's Name v Personally Known _ Produced Identification _ Type of Identification Produced: Did Take an Oath My Commission Expires: t aC _A (:;b-4 ) Z.CZZ.� W,W µ�YP+ ELIZABE (H C SALGUEIRO ;Notsryftblic-State of Florida Commission N HH 216078 ,��My Commission Expires +rm��` May 07, 2826 Vj- ACTIVE 8850125470 EX;H rr "A" Legal Description TRACTS 2 AND 3 OF TOWN PARK SUBDIVISION NO. 1, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 85, PAGE 31, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA AND TRACT 22 OF TOWN PARK SUBDIVISION NO. 6, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 91, PAGE 88, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FI ORIDA. 3 ACTIVE 685012547V1 (WIT'it?j of 4mmni 0 R DISCLOSURE AFFIDAVIT OF NO MONIES DUE TO THE CITY 03-05-2021 In accordance with Section 2-208 of the Code of the City of Miami, Florida, as amended, ("City Code") titled, "New permits prohibited, non- homestead properties", permits shall not be issued for a non -homestead property with any outstanding code enforcement violations, building violations, or any relevant city lien or invoice due and owing to the City. Permits required to cure life safety issues, permits which are required to bring outstanding violations into compliance, or permits for any properties owned by a governmental entity are exempted from this prohibition. Each owner for each address listed as a party to the application needs to sign and submit this disclosure/affidavit. If an omission is the result of City of Miami oversight, then the City will notify the applicant and provide time for the applicant to resolve the issue within ninety (90) days. The project can be terminated by the City of Miami after the 90th day. Note: If you are a lessee on City of Miami -owned property, you must contact the Department of Real Estate and Asset Management to have this form completed by an authorized person. Name (title and name of entity as well, if applicable): Miami Dade County Address/ City/ State/ Zip: 701 NW 1 St Ct. 1 6th Floor Phone No: C/o 786-347-4520 Email: jordanf @ htgf.com I Matthew Rieger . hereby certify that all the addresses listed on this application are (please check one of the following): [ ] homestead properties. [ ] non -homestead properties, and that there are no open code enforcement violations, building violations, City liens, or invoices due and owing to the City on any of the addresses listed on this application. I certify that any City of Miami covenants on the properties are in full compliance and no associated monies due to the City. I certify there are no past due rent payments or associated interest due to the City for any of the addresses listed on this application. [X] non -homestead properties that have open code enforcement violations, building violations, City liens, and/or invoices due and owing to the City. Please explain (required): Ownership is aware of the 40-year certification requirement, and is currently taking action to resolve. I understand this application shall be terminated after ninety (90) days should any of the addresses listed on this application be found to not be in compliance with Section 2-208 of the City Code or with any covenant conditions attached to the land. 0110� Signaturek.theP .._Yperty Owner State of Florida County of Miami -Dade S o and subscribed before me by ntN 6 Apd 20_J& k Type of Identif (SEAL) 0021 k2. Date I I '2 ZJ OR online notarization t -'� 71 day of _Personallyknown (I=roduced Identification Notary Public State of Florida ienda frown AL YMn 4, _ __. 9 n1l gva on Page 1 of 1 willi 97' 1 x . 6112/2026 M I A M I-DADE Daniella Levine Cava, Mayor January 25, 2023 Ms. Lakisha Hall City of Miami Director of Planning and Zoning 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33131 LHull@miamigov.com Public Housing and Community Development 701 NW 1st Court, 16th Floor Miami, FL 33136-3914 T 786-469-4100 - F 786-469-4199 miamidade.gov Re: Rezoning Application PZ-23-16014 and Comprehensive Plan Amendment PZ-23-16009 12000 NW 3rd Avenue (the "Property") Dear Ms. Hall: Housing Trust Group, LLC ("HTG") is the ground lessee of the above -referenced Property, which is owned by Miami -Dade County (the "County") Public Housing and Community Development. In furtherance of HTG's efforts to redevelop the Property, HTG has applied to the City of Miami for a rezoning of the Property from T5-0 to T6-8-0 under the City of Miami Process No. PZ-23-16014 (the "Rezoning Application"). Furthermore, HTG has applied for a Comprehensive Plan Amendment from Medium Density Restricted Commercial to Restricted Commercial under the City of Miami Process No. PZ-23- 16009 (the "Comprehensive Plan Amendment Application"). A copy of HTG's letter of intent in support of the Rezoning and Comprehensive Plan Amendment applications is enclosed. This letter shall serve as written confirmation by the County that HTG and Greenberg Traurig are authorized to process all applications in connection with the redevelopment of the Property, including but not limited to any Rezoning and Comprehensive Plan Amendment applications and any future site plan applications If you have any questions, please do not hesitate to contact me. Sincerely, 1 "haeT L Director - rdr miami I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com I diana@rdrmiami.com 1 305.498.1614 February 1, 2023 City of Miami Hearing Boards Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: Property owner information required for public hearing mail noticing (500' radius): 2000 NW 3 Avenue, Miami, FL 33127 (Folio Number: 01-3125-063-0020) Total number of property owners, excluding individual condos, including associations: 97 1 certify that the attached ownership list and map are a complete and accurate representation of the real estate property and property owners within a 500-foot radius of the subject property listed above. This information reflects the most current records on file in the Miami -Dade County Tax Assessor's Office. also understand that a new list will be requested by the City of Miami Hearing Boards if it is determined the property owner information list initially submitted is older than six (6) months. Sincerely, Diana B. Rio RDR Miami I Rio Development Resources 305.498.1614 diana@rdrmiami.com rdr miami I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com I diana@rdrmiami.com 1305.498.1614 500' RADIUS MAP (N.T.S.) aL1� a� — NW 23RD S7- y - � - I�� f m �NO ttJ z �_1�-11_.-z�aQ u�a ,;-- I � 2NaTAR `NW 22IY1113' 71 NW-22NQ ST �9;�� - _ NW 21ST sT I —NW 20THTER— z-- v� i sr r� 20TM NNW 19TH LN En M z 2000 NW 3 Avenue, Miami, FL 33127 (Folio Number: 01-3125-063-0020) OWNER'S NAME(S) 1948 BLDG LLC 1948 BLDG LLC 2000 NW 5TH PLACE REALTY LLC MANA WYNWOOD 220 NW 21 LLC 243 WYNWOOD LLC 243 WYNWOOD LLC 243 WYNWOOD LLC 524 NW 22ND STREET REALTY LLC C/O M MANAGEMENT INC AG REAL ESTATE 8 LLC ANEDLA LLC ANNIE E BRUNSON ANTTWAN CROCKETT ARBOR GREEN INC TRS ARBOR GREEN TR ARBOR GREEN INC TRS ARBOR GREEN TR ARBOR GREEN INC TRS ARBOR GREEN TR BEAUTY BREEDLOVE EST OF BERTHA MAE SAXON JTRS DEBRA S MILLER JTRS JERDY E MILLER JR JTRS BRAIT CO % SHLOMO BRAIT BRYAN C RILEY CITY OF MIAMI-DEPT OF P&D ASSET MANAGEMENT DIVISION EDDIE J STRACHAN EVELYN WILLIAMS GAITOR HAZEL MACK JACK SHLOMO BRAIT JAMES CAFFEY &W THELMA A JFG FINANCIAL SERVICES LLC MANNIGAN HOLDINGS LLC MARCELLA REALTY LLC C/O FRAN MULNICK PARKER ESQ MARION M SYDNOR MEGAN HOLDINGS LLC MEGAN HOLDINGS LLC MEGAN HOLDINGS LLC MELANIE HOLDINGS LLC C/O MANAGEMENT INC MELANIE HOLDINGS LLC C/O MANAGEMENT INC MELANIE HOLDINGS LLC C/O M MANAGEMENT INC MELANIE HOLDINGS LLC C/O MANAGEMENT INC MELINDA HOLDINGS LLC C/O FRAN MULNICK PARKER ESQ MIAMI DEV 2122 TRUSTEE INC TRS LAND TRUST MIAMI 2122 MIAMI DEV 2122 TRUSTEE INC TRS LAND TRUST MIAMI 2122 MIAMI DEVELOPMENT 2122 TRUSTEE INC MIAMI DEVELOPMENT 2122 TRS INC LAND TRUST MIAMI 2122 MIAMI DEVELOPMENT 2122 TRS INC LAND TR MIAMI 2122 MIAMI DEVELOPMENT 2122 TRS INC LAND TR MIAMI 2122 MIAMI-DADE COUNTY MIAMI DADE HOUSING AGENCY MILANA HOLDINGS LLC MILANA HOLDINGS LLC MILANA HOLDINGS LLC MILANA HOLDINGS LLC MILANA HOLDINGS LLC MILANA HOLDINGS LLC MILANA HOLDINGS LLC MILANA HOLDINGS LLC C/O M MANAGEMENT MILANA HOLDINGS LLC MILANA HOLDINGS LLC MILANA HOLDINGS LLC MILANA HOLDINGS LLC C/O M MANAGEMENT INC MILANA HOLDINGS LLC C/O M MANAGEMENT INC MILANA HOLDINGS LLC C/O M MANAGEMENT INC MILANA HOLDINGS LLC MILANA HOLDINGS LLC C/O M MANAGEMENT MILANA HOLDINGS LLC NAOMI RICHARDSON LE REM DOROTHY EDWARDS REM DANENA WEST PINO NEW ARENA SQUARE NO & SO LTD NEW ARENA SQUARE NO & SO LTD NEW ARENA SQUARE NO & SO LTD NEW ARENA SQUARE NO & SO LTD NEW ARENA SQUARE NO & SO LTD NEW ARENA SQUARE NO & SO LTD NEW ARENA SQUARE NORTH AND SOUTH LTD NEW ARENA SQUARE NORTH AND SOUTH LTD NIR SLONIM PACIFIC VENTURES SIX LLC PALMETTO HOMES URBAN DEVELOPMENT GROUP INC PALMETTO HOMES URBAN DEVELOPMENT GROUP INC PALMETTO HOMES URBAN DEVELOPMENT GROUP INC PALMETTO HOMES URBAN DEVELOPMENT GROUP INC SCHOOL BOARD OF MIAMI-DADE COUNTY SCHOOL BOARD OF MIAMI-DADE COUNTY SCHOOL BOARD OF MIAMI-DADE COUNTY THE VILLAS OF ST. 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