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HomeMy WebLinkAboutApplication & Supporting DocsWEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, RA. MITCHELL A. BIERMAN NINA L. BONISKE MITCHELL J. BURNSTEIN JAMIE ALAN COLE STEPHEN J. HELFMAN GILBERTO PASTORtZA GARY I. RESNICK JOSEP 4 H. SEROTA SUSAN L. TREVARTHEN RICHARO JAY WEISS DAV€D M. WOLPIN LILLIAN ARANGO DE LA HOZ* JAMES E. BAKER VIVIAN DE LAS CUEVAS-OIAZ IGNACIO G. DEL VALLE* ISABEL C. DIAZ RAQUEL ELEJABARRIETA PAUL 5. FtGG CHAD FRIEDMAN VIA HAND DELIVERY Ms. Teresita Fernandez City of Miami Hearing Boards 444 S.W. 2nd Avenue Miami, Florida 33131 ATTORNEYS AT LAW MIAMS-DADE OFFICE 2665 SOUTH SAY5HORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE 305-854-0800 TELECOPIER 305-854-2323 WWW.WSH-LAW.COM BROWARD OFFICE 3I07 ST€RLfND ROAD • SUITE 300 FORT LAUDERDALE, FLORIDA 33312 TELEPHONE 954-763-4242 • TELECOPIER 954-764-7770 *OF COUNSEL. February 7, 2005 Re: Application for Special Exception; Pinnacle Moriah Dear Ms. Fernandez: DOUGLAS R. GONZALES TARA L. GOULD GREGORY A. HAILE JOHN J. KENDRICK III PETER A. L CHTMAN KAREN LIEBERMAN* JOHANNA M. LUNDGREN MATTHEW H. MANDEL ALEXANDER L. PALENZUELA-MAURi MICHAEL 5. POPOK* CHRISTINA PRKIC JOHN J. QUICK ANTHONY L. RECIO SCOTT A. ROBIN FRANK A- RULLAN GAIL D. SEROTA' ESTRELLITA S. SIB ILA MICHAEL L. STINES JOSE S. TALAVERA STEVEN E. TAYLOR JAMES E. WHITE Our firm represents Artists Lofts, LLC and Moriah Apartments, LTD, as contract purchaser (together the "Applicants") in connection with the captioned application. Artists Lofts, LLC owns the property legally described in the attached Exhibit "A" (the "Property"). The Property is zoned C-2 Liberal Commercial. The Applicants are seeking special exception approval to permit a 127-unit elderly housing project. The application includes a request for Class II Special Permit approval to reduce required parking pursuant to Section 917.5 of the City's Zoning Code. After application of the Class II reduction, the Applicants are providing 77 spaces where 64 are required. In support of this request, we have enclosed the Applicant's application for tax credit financing for the elderly housing development. The purpose of this application is to have zoning in place to qualify for tax credit funding. The property is located adjacent to residential properties to the south. As such it represents a logical extension of existing residential development. As an infill site, the property is already served by infrastructure. Fu.rthett core, services and amenities that exist to serve the residential development to the south need only be extended to serve this property. Ms. Teresita Fernandez February 7, 2006 Page 2 The parking garage has been designed to structurally support the future construction of additional parking levels should the need arise in the future for additional parking. We look forward to your favorable review and recommendation of this application. Please call me if you have any questions or require additional information. TRJms 676025 Attachments cc: Mitchell Friedman Very truly yours, Tony Recio WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.A. HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.miamigov.com PUBLIC HEARING APPLICATION FOR A SPECIAL EXCEPTION Welcome to Hearing Boards! This application is intended to serve as a guide in acquainting you with our public hearing process. By any means, please feel free to contact us at the number above, should you have any questions. CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Copies of lobbyist documentation with proof of payment must be submitted with the complete application. The deadline to file the complete application with supporting documents is the first five working days (1-5) of each month from 8:00 am until 3:00 pm. The responses to this application must be typed and signed in black ink. Please note that pursuant to Section 1304.2.2 of the Miami Zoning Ordinance, no application shall be deemed to have been filed unless and until the applications shall have been completed. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. If you like, you could bring the materials to our office for staff review before the deadline to ensure the application is complete. Upon submittal, this application must be accompanied with a signed Zoning Referral. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. An additional fee to record Zoning Board resolutions will be charged and it is determined contingent upon fees charged at the time of recordation. Go to the Miami -Dade County Recorder's Office at 22 NW First Street, First Floor, and ask for a certified copy. Please have the original recorded document mailed to the address above and bring the certified copy to our office. Copies of City Commission resolutions can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from Zoning. Rev. 01-06-06 Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified, are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards, which should be applied as reasonably necessary to promote the general purposes of the Zoning Ordinance and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgment of the Miami Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Special Exceptions (see Article 16 of the Zoning Ordinance). Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be solely responsible for determinations on applications for Special Exceptions, except when otherwise provided for in the City Code. All applications shall be referred to the Director of the Planning Department for his/her recommendation(s) and the Director shall make any further referrals required by these regulations. I, Tony Recio, Esq. on behalf of Artists Lofts LLC, the Owner, and Moriah Apartments, LTD, the contract purchaser, hereby apply to the Miami Zoning Board for approval of a Special Exception for the property located at approximately 250 NW 22nd Lane, folio number 01-3125- 074-0030 (a portion ofl. 1. The property/location listed does not have any open code enforcement/lien violations. 2. One (1) original survey prepared by a State of Florida registered land surveyor within six (6) months from the date of application. 3. One (1) original 24x36" plan, signed and sealed by a State of Florida registered architect or engineer showing property boundaries and proposed structure(s), parking, landscaping, etc.; building elevations and dimensions and computations of lot area and building spacing. 4. Plan needs to be stamped by Hearing Boards first and then si ned by a) Public Works on the 8th Floor, b) Zoning on the 4th Floor and c) Planning on the 3` Floor, prior to submittal. Note: Plans are to be submitted to Zoning for review by appointment only starting from the 8th through the 30th of each month. Zoning will not be accepting plans on the first seven days of the month. 5. After obtaining signatures from the above departments, two (2) 11 x 17" and one (1) 8 1/2 x 11" copies of the original plan, including the survey. 6. At least two photographs that show the entire property (land and improvements). 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year that shows the present owner(s) and legal description of the property. 8. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A". 9. Affidavit and disclosure of ownership of the subject property (see pages 4 and 5). 10. Certified list of owners of real estate within 500 feet of the subject property (see pages 6 and 7). 11. What is the acreage of the project/property site? 1.26± acres Rev. 01-06-06 2 What is the purpose of this application/nature of proposed use? The Applicants are seeking special exception approval to permit a 127-unit elderly housing project. '12. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3rd Floor for information. NO 13. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. NO 14. For corporations and partnerships, the following documents are to be submitted: a) Articles of Incorporation b) Certificate from Tallahassee less than one (1) year old showing good standing c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so d) For non-profit organizations only: A list of Board of Directors less than one (1) year old 15. Cost of processing according to Section 62-156 of the Miami City Code: Special Exception $ 800.00 Special Exception requiring automatic City Commission review $ 2,000.00 Extension of time for Special Exception $ 500.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 Surcharge equal to applicable fee from item above, not to exceed eight hundred dollars ($800.00) except from agencies of the city; such surcharge to be refunded to the applicant if there is no appeal from the applicant or a property owner within five hundred (500) feet of the subject property. Signature Name Tony Recio, Esq. Telephone L305) 854-0800 Address 2665 South Bayshore Drive, #420 Miami, Florida, 33133 Date February 7, 2006 E-mail Address trecio(wsh-law.com STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of February 2006, by Tony Recio, Esq. who is an agent of Moriah Apartments, LTD a e/She is p e or who has produced as and who did (did not) take an oath. (Stamp) Signature partnership. identification $ EXPL ES:5epiember 13, UV aaizad Oftv/443 Rev. 01-06-06 3 PINNACLE HOUSING GROUP February 7, 2006 Ms. Teresa Fernandez City of Miami --- Hearing Board 444 SW 2nd Ave. — 7th Floor Miami, FL To Whom it May Concern: On behalf of Moriah Apartments, Ltd, I give full authority to Tony Recio, Esq., of Weiss Serota Helfman et al to file the accompanying application for special exception approval for the Moriah multifamily residential project. Mr. Recio may execute application documentation and may represent me before City staff and any City board at public hearing. once ely, Mic ael Wohl \'----------Moriah Apartments, Ltd. DEVELOPMENT CONSTRUCTION MANAGEMENT 9400 S. DADELAND BLVD., SUITE 100, MIAMI, FLORIDA 33156 TEL [305[ 854.7100 FAX [305) 859,9858 WWW.PINNACLEHOU3ING.COM To Whom it May Concern: As Managing Member of Artists Lofts, LLC, 1 give full authority to Tony Recio, Esq., of Weiss Serota Helfman et al to file the accompanying application for special exception approval for the Moriah multifamily residential project. Mr. Recio may execute application documentation and may represent me before City staff and any City board at public hearing. Da id Lombardi Artists Lofts, LLC AFFIDAVIT Before me, the undersigned, this day personally appeared Avi o t OC ? Qt tt Pala' i-'' �v+�ho being by me first deposes and says: 1. That helshe is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which 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, 0 including or snot including responses to day to day staff inquires. IN c41 0)(4C.10N1 fz.€60, E5q 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Ap+i°;cant Signature The foregoing was acknowledged before me this 20 , by ' i ip 8rrez.,17 who is a(n) individual/partner/agent/corporation of .................... a(n) individual/partnership/corporation. He/She is personally known tp me or who has produced as identification and whodi(did pot) talc an oath. day of �+ r. T`>RY PITBLIC.SIATE OF FLORIDA (Stamp) Adam Weinbaum Commission = AD412036 Rev. Q1 1:'9'. £xni.rt:s; MAR, 27, 2009 Ecnde• 7117.-4 kLla.r;ac $aacting C-o., Inc. 4 Si DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. 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 applicable. Owner's Name(es) A(LTS 5, .L.C., Subject Property Address(es) Telephone Number (OO E-mail Address City€ -5 N t .S i rCztP B. GcLQSTE Dikto uofitr i .sfv,Foyuo €. It r z �a i ra miiwoA 4 .5Tel9 ism 2. Street address(es) and legal description(s) of any property: a) Owned by any party listed in answer to question #1; and b) Located within 500 feet of the subject property. Please supply additional lists, if applicable. Street Address R.Eivw,k0EiL O PizoPEtz..t Lt s i'EO Oki NE T AAn PkL PODCADLYQ legal ATtDi Owner or Attorney Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Legal Description 0 ner or Attorney Signature The foregoing was acknowledged before me this , C% day of Jao 20 O , by Ouzel L.�{s<< who is a(n) individual/partner/ ent/corporation of &' a(n) individual/partnership/corporiii in. 'e/She is personally known to me or who has produced v". as identification and who did (did not) take an oath. (Stamp) +Jtq�tYPV±'.' Isabel Diaz '• : Commission -00467258 ►'''"`' : Expires: AUG. 30, 2009 WWW.AARONN©TAAY.com Rev. 01-06-065 Signature ADDENDUM TO DISCLOSURE OF INTEREST Moriah Apartments, LTD Sole General Partner: PHG-Moriah, LLC Managing members of PHG-Moriah, LLC are: Louis Wolfson, III 25% Michael D. Wohl 25% Mitchell M. Friedman 25% David O. Deutch 25% EXHIBIT "A" LEGAL DESCRIPTION (Moriah) Portions of Tracts "B„ and "C', WYNWCCD INDUSTRIAL CO PLEX, according to tie plat thereof as recorded in Plat Book 149 at Page 85 of the Public Records of ?Vicmi—Dade County, Florida, being more particularly described as follows: Begin at the most Southeasterly corner of said Tract "C"; thence run West along the most Southerly Boundary line of said Tract C" for 120.08 feet to the Point of Curvature; thence Westerly, Northwesterly, northerly, along a circular curve to the right, having a radius of 25.00 feet and a central angle of 89 degrees 53 minutes 03 seconds for an arc distance of 39.22 feet to a Point of Tangency; thence forth 00 degrees 06 minutes 57 seconds West along a Westerly Boundary line of said Tract "C", for 113.78 feet; thence North 89 degrees 48 minutes 58 seconds East along the Easterly prolongation of a Southerly Boundary line of said Tract "C", for 68.22 feet; thence \forth 00 degrees 06 minutes 19 seconds West along a line parallel With and 145.00 feet Westerly of as measured at right angles to an Easterly Boundary line of said Tract "C" and its Llortherly prolongation, for 240.30 feet; thence \forth 89 degrees 48 minutes 40 seconds East along a northerly Boundary line of sold Tract "B" for 145.00 feet; thence South 00 degrees 06 minutes 19 seconds East along the Westerly Boundary of a 20 foot vehicular easement and along an Easterly Boundary line of said Tract "C" for 240.31 feet; thence South 89 degrees 48 minutes 58 seconds West along a Southerly Boundary line of said Tract "C", for 68.18 feet; thence South 00 degrees 06 minutes 46 seconds East along an Easterly boundary line of said Tract "C" for 139,20 feet to the Point of Beginning. lying and being in the City of Miami, Miami -Dade County, Florida N00'02`00" E 99.93' 872F8952-F 17C-4D$4-SB8A-5FC7C6A6142B Universal Application Multifamily Mortgage Revenue Bonds (MMRB) Program State Apartment Incentive Loan (SAIL) Program HOME Investment Partnerships (HOME) Rental Program Housing Credit (HC) Program Part I. Applicant Certification Applicant must provide the properly executed Applicant Certification and Acknowledgement Form behind a tab labeled "Exhibit 1". Part 11. Applicant and Development Team A. Applicant 1. Corporation program(s) applied for in this Application: Tax -Exempt Multifamily Mortgage Revenue Bonds (MMRB) Taxable Multifamily Mortgage Revenue Bonds State Apartment incentive Loan (SAIL) Ni*" Housing Credits (HC) Competitive 4% and/or 9%1 Housing Credits (HC) inon-competitive 4% with Tax -Exempt Bonds] HOME Investment Partnerships (HOME) Rental 2. Applicant Information a. Name of Applicant: Street Address: City: Telephone: E-Mail Address: (Optional) b. Federal Employer 01-0637459 Identification Number Moriah Apartments. Ltd. 9400 S. Dadeland Boulevard. Suite 100 Miami 305/ 8 54-7100 david@pinnactehousin g.com State: FL Zip Code: 33156 Facsimile: 305/859-9858 If not yet obtained, provide a copy of the completed, submitted application for the Federal Employer identification Number behind a tab labeled "Exhibit 2". c. Is Applicant a legally formed entity qualified to do business in the state of Florida as of the Application Deadline? Yes Cr No Provide required documentation behind a tab labeled "Exhibit 3", d. If applying for HC: Is the Applicant a limited partnership or limited liability company? Yes 1— No e. Is Applicant applying as a Non -Profit organization? Yes No If answer is 'Yes", is Applicant applying as a 100% Non -Profit? Yes fn No If answer to either of the above questions is 'Yes", Applicant must respond to (1) and (2) below. If answer is "No", skip Non -Profit status questions and proceed 10 question 3 below. (1) Provide the following documentation for each non-profit entity (a) attorney opinion letter behind a tab labeled "Exhibit 4"; and (b) 075 determination letter behind a tab labeled "Exhibit 5". (2) Answer the following questions - (a) Is the Applicant a public housing authority created by section 421.04. Florida Statutes? Yes f` No (b) Is the Applicant or one of its general partners a Non -Profit entity that is an Affiliate of a public housing authority created by section 421.04, Florida Statutes? Yes ^ No (c) Is the Applicant or one of its genera! partners a public housing authority or incorporated as a Non -Profit entity pursuant to Chapter 617, Florida Statutes, or similar state statute if incorporated outside Florida? Yes r No If "No", is the Applicant or one of its general partners a wholly -owned subsidiary of a Non -Profit entity formed pursuant to Chapter 617, Florida Statutes, or similar state statute if incorporated outside Florida? t Yes f'No (d) Is the Applicant or one of its general partners a 501(e){3) or 501(c)(4) Non -Profit entity or is the Applicant or one of its general partners a wholly -owned subsidiary of a 501(c)(3) or 501(c)(4) Non -Profit entity? Yes r No (e) If "Yes" to question (a). (b), either question at (c) and?or (d) above, answer the following questions: (i) Does the Non -Profit entity have an ownership interest, either directly or indirectly, in the general partner or genera/ partnership interest or in the managing member or the managing members interest in the Applicant? f"Yes =7No If "Yes", state the percentage owned in the general partnership or managing member interest n�Q {ii) Percentage of Developer's tee that will go to the Non -Profit entity: fl� (iii) Provide the description/explanation of the role of the Non -Profit entity behind a tab labeled "Exhibit 6". (iv) Provide the names and addresses of the members of the governing board of the Nor -Profit entity behind a tab labeled "Exhibit 7". (v) For each non-profit entity, provide the articles of incorporation demonstrating that one of the purposes of the non-profit entity is to foster low-income housing behind a tab labeled "Exhibit 8". (vi) Year Non -Profit entity was incorporated: (yyy),) (vii) Is the Non -Profit entity affiliated with or controlled by a for -profit •antity within the meaning of Section 42(h), Internal Revenue Code'? f` Yes r No it "Yes", state name of the for -profit entity: 3. Provide the required information for the Applicant and for each Developer behind a tab labeled "Exhibit 9"_ 4. Contact Person for this Application First Name: David MI: 0 Last Name: Deutch Street Address: 9400 S. Dadeland Boulevard, Suite 100 City: Miami State: FL Zip Code: 33156 Telephone: 305/854-7100 Facsimile: 305/859-9858 E-Mail Address: davidtpinnaclehousing.com (optional) Relationship to Affiliate to the General Partner of Applicant Applicant: 5. If applying for HOME: Is the Applicant applying under the Community Housing Development Organization (CHDO) Set -Aside? Yes r' No if "Yes", state CHDO Name: and provide the required information behind a tab labeled "Exhibit 10". B. Development Team 1. Developer or principal of Developer a. Name of each Developer (include all co -Developers): Pinnacle Housing Group: LLC b. For each experienced Developer, provide an executed Developer or Principal of Developer Certification Form behind a tab labeled "Exhibit 1 1". For each co-Aeveioper without the required experience, provide the requested information behind a tab labeled "Exhibit 11". c. Provide the Developers or principal of Developer's Prior Experience Chart behind a lab labeled "Exhibit 11". Management Agent or principal of Management Agent a. Provide the executed Management Agent or Principal of Management .Agent Certification Form behind a tab labeled "Exhibit 12". b. Provide the Management Agent's or principal of Management Agent's Prior Experience Chart behind a tab labeled 'Exhibit 12". 3. General Contractor or qualifying agent of General Contractor a. Provide the executed General Contractor or Qualifying Agent of General Contractor Certification Form behind a tab labeled "Exhibit 13", b. Provide the General Contractor's or qualifying agent's Prior Experience Chart behind a tab labeled "Exhibit 13". 4. Architect or Engineer Provide the executed Architect or Engineer Certification Fora behind a tab labeled "Exhibit 14". 5. Attorney a. MMR6, SAIL and HOME Applicants - provide the executed Attorney (MMRB, SAIL, or HOME) Certification Form behind a tab labeled 'Exhibit 15". b. HC Applicants - provide the executed Attorney (HC) Certification Form behind a tab labeled "Exhibit 16". b. ACCOuntant Provide the executed Accountant Certification Form behind a tab labeled "Exhibit 1;". 7, Service Provider (Assisted Living Facility (ALF) Developments only) a. Provide the executed Service Provider or Principal of Service Provider Certification Form behind a tab labeled "Exhibit 18". b. Provide the Service Provider's Prior Experience Chart behind a tab labeled "Exhibit 18". 8. Guarantor(s) Information (MMRB Applicants only) Provide the Guarantor information Chart behind a tab labeled "Exhibit 19". Part III. Development A. General Development Information 1. Name of Development: Moriah Apartments 2. Location of Development Site: a. Address of Development Site: Street: See Addenda City: Miami State: FL Zip Code: 33127 b- Will the Development consist of Scattered Sites? Yes "i' No If "Yes", for each of the sites, provide the Address, total number of units, and a latitude and longitude coordinate behind a tab labeled "Exhibit 20". c. Does the location of the proposed Development qualify as an Urban In -Fill Development? Yes rNo If "Yes", provide the Local Government Verification of Qualification as Urban In -Fill Development form behind a tab labeled "Exhibit 21". d. County: Miami -Dade - Large (E) All Applicants must answer 'Yes" or "No" to queston (1) below. At HOME Applicants must also answer question (2) below. t.L(1) Is proposed Development located in the Florida Keys Area? Yes t'' No (2) HOME Applications Only - Wit the proposed HOME Development be located in either Alachua County or Leon County? Yes r' No I; "Yes", complete either (a) or (b) below, as applicable: (a) Alachua County Developments - is the Development located within Alachua County, but outside the boundaries of incorporated Gainesville? { Yes tNo If "Yes", provide the required letter from Alachua County behind a tab labeled "Exhibit 22". (b) Leon County Developments - Is the Development located within Leon County but outside the boundaries of incorporated Tallahassee? F.�. Yes r� No If "Yes", provide the required letter from Leon County behind a tab labeled "Exhibit 22". e. Local Jurisdiction: (1) Name of local jurisdiction where Development is located: City of Miami If Development is located within a municipality (incorporated city, town, cr village) the municipality must be specified. (2) Chief elected official of jurisdiction: First Name: Manuel Title: Mayor Address: Street: 3500 Pan American Dr. MI: A Last Name; Diaz City: Miami State: FL Zip Code: 33133 Telephone No. (including area code): 305/250-5300 f. Competitive HC and non-competitive HC Applicants must complete questions (1) through (4) below. (1) Difficult Development Area (DDA) and Qualified Census Tract (QCT): (a) is the proposed Development Iodated in a DDA, as defined in Section 42(d)(5)(c)(iii), IRC, as amended? Yes If 'Yes', indicate which DDA: Miami -Dade County (b) is the proposed Development located in a QCT as defined in Section 42(d)(5)(c)(ii), IRC, as amended? Yes r If "Yes", indicate QCT Number: 28 and provide a copy of a letter from the local planning office or census bureau which verifies that the proposed Development is located in the referenced OCT behind a tab labeled "Exhibit 23. (2) Is the Applicant applying for housing credits for eligible acquisition expenses? r Yes 41. No If "Yes-, answer questions (a) through (g) below: (a) tsfare the building(s) acquired or t 3 be acquired from a related party? r Yes ir No (b) Name of previous owner: (e) Relationship to Applicant: (d) Date Development originally placed in service: (mmicid/yyyy) (e) Date and cost of last rehabilitatiory Date: Cost: (rinmiddiyyyy) $ (f) Describe acquisition facts and circumstances relative to Section 42(d), IRC ("10-year rule"): (g) is a waiver of the 10-year rule being sought by the Applicant? IT Yes ( No Explain why or why not: (3) Will this Development receive historic housing credits? r Yes 845- No If "Yes", what amount of historic housing credits will the Development receive? (4) Is the Applicant applying for housing credits for eligible Rehabilitation expenses? (' Yes No If "Yes", answer questions (a) and (b) below: (a) Will the Rehabilitation cost as a percentage of the adjusted basis of each building be equal to or greater than 10%? r Yes r No (b) What is the estimated quati£red basis in Rehabilitation expenses per set -aside unit within one 24-month period for the buildings) being Rehabilitated? 3. Development Category a. Select one category ii New Construction (where 50% or more of the units are new construction) Acquisition and New Construction (Acquisition plus 50% or more of the units are new construction) - Available for HOME Applications Only zT Rehabilitation/Substantial Rehabilitation (where less than 50% of the units are new construction) Ca Acquisition and Rehabilitation/Substantial Rehabilitation (Acquisition plus less than 50% of the units are new construction) b. Will each residential building consist of 5 or more d;veiling units? Yes C No 4. Development Type: High -Rise (A building comprised of 7 or more stories; 5. Number of buildings with dwelling units: 1 6. Total number of units: 127 7, Unit Mix: # of Bedrooms per Unit # of Baths per Unit # of Units per Bedroom Type 70 57 8 Previous Underwriting a. Is this Development currently being underwritten or has it been underwritten previously by any Credit Underwriter under contract with Florida Housing Finance Corporation? r Yes =s No If "Yes", identify the Credit Underwriter: b. Does this Development involve the rehabilitation of buildings which have received, within fourteen years of the Application Deadline, Corporation funding (excluding PLP) or a final ahooation for other construction work? '-" Yes - No 9. Development Status a Has Rehabilitation/Substantial Rehabilitation or New Construction work commenced? ' Yes No (1) If "Yes' and Application is for New Construction, when were the building permits issued? (rnm/dd/yyyy) (2)1f "Yes" and Application is for Rehabilitation/Substantial Rehabilitation, were building permits required? C, Yes r� No If "Yes", when were the building permits issued? (rnm/ddlyyyy) if "No", when did the work commence? (rnmfdd/yyyY) b. is the Development complete? Yes 3i No If "Yes', when were the certificates of occupancy issued? (mmtddlyyyy) if certificates of occupancy were issued on more than one date, provide a listing of the issue -date for each building behind a tab labeled "Exhibit 24". c. Are any of the units occupied? Yes ii No d. If the proposed Development is not yet complete, what is 8e anticipated placed -in-service date? 12/31/2008 (rnrn/dd/yyyy) 10. Proximity (MMRB, SAIL and/or Competitive HC Applications Only) a. Provide the Surveyor Certification Form behind a tab labeled "Exhibit 25". b. Indicate the services that the Applicant is seeking proximity tie -breaker points for: • Grocery Store P• ublic School 41 Medical Facility I P• harmacy r/ Public Bus Stop or Metro -Rail Stop c, Proximity to closest Development Address or latitude and longitude coordinates identified on the FHFC Development Proximity List (the List) (Maximum 3.75 Tie -Breaker Points): (1) indicate which one of the following applies to this Application: (a) The proposed Development is located in a Large County AND the location of the proposed Development qualified as an Urban In -Fill Development at Part III.A.2.c. of the Application. (b) The Applicant selected and qualified for Inc Front Porch Fcrida Community or the HOPE VI Designation at Part Y.A. of the Application. C (c) The Applicant selected and qualified for the Homeless Demographic Commitment at Part t,I.D. of the Application. (d) The Applicant selected and qualified for the Farmworker/Commercial Fishing 'Worker Demographic Commitment at Part III.D, of the Application. (e) The Applicant selected the Rehabilitation/Substantial Rehabilitation or Acquisition and Rehabilitation/Sub- stantial Rehabilitation Development Category a; Part tII.A 3. AND the proposed Development involves the Rehabilitation/Substantial Rehabilitation of an existing. occupied residential rental property currently in operation as of the Application Deadline. (f) None of the above applies to this Application. (2) If (1)(f) was selected, indicate which of the following applies to this Application: (a) A Development identified on the List, serving the same demographic group, is located within 5 miles of the proposed Development, the location of the proposed Development qualifies for Set -Aside Location A, and the Applicant is applying for SAIL and MMRB, SAIL, and HC, MMRB only or HC only. (b) A Development identified on the List, consisting of 31 or more units, serving the same demographic group, is located within 2.5 miles of the proposed Development, and (i) the location of the proposed Development qualifies for Set -Aside Location A and the Applicant is applying for SAIL only, or (ii) the location of the proposed Development does not qualify for Sei-Aside Location A. s� (c) A Development identified on the List, consisting of 30 or fewer units. serving the same demographic group, is located within 1.25 miles of the proposed Development, and (i) the location of the proposed Development qualifies for Set -Aside Location A and the Applicant is applying for SAIL only, or (ii) the location of the proposed Development does not qualify for Set -Aside Location A. (d) Neither (a), (b), nor (c) applies. B. Construction Features and Amenities 1. Required for All Developments Does the Applicant commit to provide the following items, as applicable, for the proposed Development? 14. Yes No a. Alt Units for All Developments: - Air conditioning in all units (window units are not allowed; however, through -wall units are permissible for rehabilitation); - Window treatments for each window inside each unit: Termite prevention and pest control throughout the entire affordability period; - Peephole on all exterior doors - Exterior Iightinc in open and common areas. b. At Units in All Developments Except SRO: - Cable or satellite TV hook-up in all units; - Range, oven and refrigerator in all units; - At least two full bathrooms in all 3 bedroom or larger new construction units; - Bathtub with shower in at least one bathroom in at least 90% of the new construction non-Eldedy units, c. All SRO Developments: - Minimum unit size of 110 square feet; - Each unit must ccntain at least one full size single bed, a lockable storage compartment or chest of drawers and e vertical clothes closet measuring at least three feet wide: - Each unit must contain a sink; - At least one set of bathroom facilities for every 16 units (each bathroom facility must contain a ratio of at least one sink, one shower with curtain or door and one toilet with door for every 4 units); - Community center or meeting room featuring a television with cable or satellite TV hook-up; - Public transportation within .5 mite. 2. Optional Features and Amenities Except for HOME Applicants, if the proposed Development will consist of Scattered Sites (as stated by the Applicant at Part ltI.A.2.b.), does the Applicant make a commitment to locate each selected feature and amenity that is not unit - specific on each of the Scattered Sites, or no more than 1/16 mile from the Tie -Breaker Measurement Point, or a combination of both? t_- Yes in No a. For New Construction Developments (Maximum available points for this category is 9 points): LL 30 Year expected life roofing on ail buildings (2 points) J Gated community with "carded" entry or security guard, or if 2 or more stories, "carded" secure entry to building (2 points) Ceramic the bathroom floors in all units (2 points) Microwave oven in each unit (1 point) • Marble window sills in all units (1 point) V Steel exterior entry door frames for all units (1 point) 't At least 1.5 bathrooms (one full bath and one with at least a toilet and sink) in ail 2 bedroom new construction units (2 points). Note: in order to be eligible to select this feature, the Development must have at least one 2 bedroom unit. Double compartment kitchen sink in all units (1 point) Ne Pantry in kitchen area in all units - must be no less than 20 cubic Feet of storage space. Pantry cannot be just an under- or over-the-counter cabinet. (2 points) vr' Dishwasher in all new construction units (1 point) Garbage disposal in all new construction units (1 point) b. For Rehabilitation/Substantial Rehabilitation Developments (Maximum available points for this category is 9 points): New kitchen cabinets and counter top(s) in all units (3 points) 39 Year expected life roofing on all buildings (2 points) Gated community with "carded" entry or security guard, or it 2 or more stories, "carded" secure entry to building (2 points) Ceramic tile bathroom floors in all units (2 points) Microwave oven inside each unit (1 point) Marble window sills in ail units (1 point) Dishwasher inside each unit (1 point) Garbage disposals inside each unit (1 point) Steel exterior entry door frames for all units (1 point) Double compartment kitchen sink in all units (1 point) New bathroom cabinef(s), excluding medicine cabinet. in all units (1 point) New range and oven in all units (1 point) New refrigerator in al! units (1 point) New plumbing fixtures in kitchen and bathroom(s) in ail units (1 point) c. For All Developments Except SRO (Maximum available points for this category is 12 paints): Emergency call service in all units (3 points) V Exercise room with appropriate equipment (1 point) 'e Community center or clubhouse (3 points) Swimming pool (2 points) P• layground/tot lot, accessible to children with disabilities (must be sized in proportion to Development's size and expected resident population with age -appropriate equipment) (2 points) Car care area (for car cleaning/'washing) (1 point) E Two or more parking spaces per total number of units (1 point) Picnic area with hard cover permanent roof of a design compatible with the Development, open on al sides, containing at least three permanent picnic tabtes with benches and an adjoining permanent outdoor grill (1 point) .1 Outside recreation facility (such as shuffleboard court. putting green, tennis court, full basketball court, volleyball court, etc.) Facility must be identified here: (2 points) Putting Green Library consisting of a minimum of 100 books and 5 current magazine subscriptions (1 point) V Computer lab on -site with minimum one computer per 50 units, with basic word processing, spreadsheets and assorted educational and entertainment software programs and at least one printer (3 points) Applicant may select only one of the following two items: t' L• aundry hook-ups and space for full-size washer and dryer inside each unit (1 point) r. W• asher and dryer in a dedicated space with hook-ups within each unit, provided at no charge to the resident during the term of any lease (3 points) Applicant may setect only one of the following two items: W' Laundry facilities with full-size washers and dryers available in at feast one common area on site (1 point) ;` L• aundry facilities with full-size washers and dryers available in at least one common area on every floor if Development consists of more than one story (2 points) Applicants that selected Single Family Rental or Duplexes/Quadrapiexes at Part III.A.4. may select any of the following: Garage for each unit which consists of a permanent. fully enclosable structure designed to accommodate one or more automobiles, either attached to the unit or detached but located on the same property, provided at no charge to the resident (3 paints) Carport for each unit which consists of a permanent covered and paved area, attached to the unit and designed to accommodate one or more automobiles. provided at no charge to the resident (2 points) F• enced back yard for each unit which consists of a portion of the property behind each unit that is enclosed by a wood, privacy or chain link fence of a minimum height of 48". Direct access to the fenced back yard for each unit must be afforded solely by a door from that unit and no other unit. (2 points) d. For SRO Developments (Maximum available points for this category is 12 points): F. E• mergency call service in al units (3 points) Exercise room with appropriate equipment (2 points) - S• ecure, enclosed bicycle storage (1 point) Cable or satellite TV hook-up in each unit (1 point) P• icnic area with hard cover permanent roof of a design compatible with the Development, open on all sides, containing at least three permanent picnic tables with benches and an adjoining permanent outdoor grill (1 point) n Outside recreation facility (such as shuffleboard court, putting green, tennis court. full basketball court, volleyball court. etc.) Facility must be identified here: (2 points) Tr Library consisting of a minimum of 100 books and 5 current magazine subscriptions (1 point) Computer lab on -site with minimum one computer per 5C units, with basic word processingg, spreadsheets and assorted educational and entertainment software programs and at least one printer (3 points) Applicant may select only one of the following two items: C Laundry facilities with full-size washers and dryers available in at least one common area on site (1 point) r` Laundry facilities with full-size washers and dryers available in at least one common area on every floor if Development consists of more than one story (2 points) e. Energy Conservation Features for ati units in the Development (Maximum available points for this category is 9 points): (1) Heating - Applicant may select only one of the following three items: C Heat pump with a minimum HSPF of 7.4 instead of electric resistance (1 point) C Heat pump with a minimum HSPF of 7.5 instead of electric resistance (2 points) Gas hydrants combo unit HVAC (2 points) (2) Cooling - Applicant may select only one of the following two items: C Air conditioning with SEER rating of 12 or better (1 point) Air conditioning with SEER rating of 13 or better (2 points) (3) Water Heating - Applicant may select only one of the following two items: t' Gas water healer with energy factor of .58 or better (1 point) Electric water heater with energy factor of .91 or better (1 point) (4) Insulation - Wall insulation ratings are determined by the insulation material only, not the wall assembly materials. Applicant may select only one of the following two items: Ci Wall insulation of R-13 or better for frame built construction (2 points) Wall insulation of R-7 or better for masonry/concrete block construction (2 points) Applicant may select only one o{ the following two items: j Attic insulation of R-30 or better (1 point) F Insulation of R-19 with radiant barrier on top door only (1 point) (5) Windows (excluding windows on doors and sidelights) - Applicant may select only one of the following five items: r Solar screens on all west and east facing windows (1 point) Double -pane glass on ail windows (2 points) 17 All windows double -pane with minimum solar heat pain coefficient of < or equal to .50 and minimum of .75 1)€ Value (2 points) t' All windows single -pane with minimum solar heat gain coefficient of .58 or better (2 points) 1* Alt windows single -pane with shading coefficient of .67 or better (2 points) (6) Other; Ceiling fans in all bedrooms and living area in each unit (2 points) C. Ability to Proceed 1. Status of Site Plan Approval or Plat Approval: All Applications must include one of the following: a. Multifamily Developments must provide a property completed and executed Local Government Verification of Status of Site Plan Approval for Multifamily Developments Form behind a tab labeled "Exhibit 26". urx b. Single -Family° Rental Developments must provide a properly completed and executed Local Government Verification of Status of Plat Approval for Single -Family Rental Developments Form behind a tab labeled "Exhibit 26". 2. Evidence of Site Control: Applicant must demonstrate site control by providing the foltowina documentation: a. Provide a fully executed qualified contract for purchase and sale for the subject property behind a tab labeled "Exhibit 27". OR b. Provide a recorded deed or recorded certificate of title behind a tab labeled "Exhibit 2T'. OR c. Provide a copy of the fully executed long-term lease behind a tab labeled "Exhibit 27". 3. Evidence of infrastructure Availability: a. Electricity - Provide a letter from the provider or a properly completed and executed Verification of Availability of Infrastructure - Electricity Form behind a tab labeled Exhibit 28". b. Water - Provide a letter from the provider or a properly completed and executed Verification of Availability of Infrastructure - Water Form behind a tab labeled "Exhibit 29 c. Sewer, Package Treatment or Septic Tank - Provide a letter from the provider or a properly completed and executed Verification of Availability of infrastructure - Sewer Capacity, Package Treatment, or Septic Tank Form behind a tab labeled "Exhibit 30". d. Roads - Provide a letter from the appropriate Local Government or a properly completed and executed Verification of Availability of Infrastructure - Roads Form behind a tab labeled `Exhibit 31". 4. Evidence of Appropriate Zoning: a. New Construction Developments - Provide a properly completed and executed Local Government Verification That Development Is Consistent With Zoning And Land Use Regulations Forrn behind a tab labeled "Exhibit 32'. OR b. Rehabilitation/Subszantial Rehabilitation Developments - Provide a properly completed and executed Local Government Verification That Development Is Consistent Wllh Zoning And Land Use Regulations Form or a properly completed and executed Local Government Verification That Permits Are Not Requreci For This Development Form behind a tab labeled "Exhibit 32". 5. Environmental Site Assessment (ESA): a. Phase I ESA - Provide a properly completed and executed Verification of Environmental Safety - Phase I Site Assessment Form behind a tab labeled "Exhibit 33". b. Phase II ESA - If applicable, provide a properly completed and executed Verification of Environmental Safety - Phase II Site Assessment Form behind a tab labeled "Exhibit 34". D. Demographic Commitment 1. Elderly - a. Will the proposed Development be an ALF? Yes No t). Provide evidence of a local need for low-income Elderly housing (non-ALF or ALF) behind a tab labeled "Exhibit 35". 2. Farmworker or Commercial Fishing Worker - Provide evidence of a local need For Farrnworker or Commercial Fishing Worker housing behind a tab Labeled "Exhibit 35". C 3. Homeless - Provide a properly completed and executed Verification of Indus en in Local Homeless Continuum of Care Plan by Lead Agency Form behind a tab labeled "Exhibit 35". if no Local Homeless Assistance Continuum of Care Plan exists, evidence of a local need for Homeless housing must be provided behind a tab labeled "Exhibit 35". 4. rarmy - ueveiopment win serve me general population_ E. Set -Aside Commitments 1_ MMRB. SAIL and HC Applications: a. Minimum Set -Aside: Select one of the following; { 20% of units at 50% Area Median Income (AMI) or lower OR ff` 40% of units at 60°% AMI or lower OR `0. HC Applicants Only - Deep rent skewing option as defined in Section 42, IRC, as amended OR SAIL Applicants Only - 100% of units below 120% AMI b. Set -Aside Commitment_ (1) Is the location of the proposed Development within Set -Aside Location A? C Yes la. No (2) Alt Applicants must complete the total set -aside breakdown chart at either section (a), (b), (c), (d), or (e) below. The Applicant should complete each column of the chart in the section that is applicable to the program(s) it .s applying for. (a) If only applying for Competitive HC or non-competitive HC with Local Government -issued Tax -Exempt Bonds: Percentage of Residential Units Commitment for Competitive HC or non- competitive NC 15 $5 Total Set -Aside .100 Percentage: (b) If only applying for SAIL: AMI Level At or Below 30% • At or Below 33% % At or Below 35% % At or Below 40% % At or Below 45% • At or Below 50% % At or Below 60% Percentage of Residential Units Commitment for SAIL Total Set -Aside Percentage: AMI Level % At or Below 30% At or Below 33% % At or Below 35% • At or Below 40% % At or Below 45% °l° At or Below 50% • At or Below 60% % Below 120t% rl If annivinn for MMRR. SAIL anrt non-competitive HC: Only Commitment for MMRB Total Set - Aside Percentage: Percentage of Residential Units Commitment for Commitment for non- AMI Level SAIL, competitive HC % % % At or Below 30% /o %// °f° P (d) If applying for MMRB and non-competitive HC Only: Percentage of Residential Units Commitment for Commitment tor non- MMRB competitive HC % Total Set -Aside Percentage: (e) If applying for Competitive HC and SAIL Only: Percentage of Residential Units Commitment for Commitment for SAIL Competitive HC Total Set -Aside Percentage: 2. HOME Applications: a. Minimum Number of HOME -Assisted Units Required by HUD: (1) HOME loan Requested: (2) Total Development Cost % At orBelow 33% At or Below 35`/0 At or Below 40% % At or Below 45% % At or Below 50% ° At or Below 60% Below 120% AM1evei % At cr Below 30% At or Below 33% % At or Below 35% • At or Below 40% • At or Below 45% % At or Below 50% o At or Below 60% AMI Level % At or Below 30% % At or Below 33"/° • At or Below 35% % At or Below 40% • At or Below 45% °/O At or Below 50% • At or Below 60% Below 120% (3) % of Total Development Cost provided by HOME Loan (Divide a.(1) by a.(2) and round up to the next whole percentage number) t4) Total number of units in Development: ;5) Minimum number of HOME -Assisted Units required: (Multiply a.(4) by a.(3), round up to the next whole number) (6) Minimum number of HOME -Assisted Units as a percentage: (Divide e.(5) by a.(4) and round percentage to two decimal places) a/° b. Commitment to Set Aside units Beyond the Minimum: Does the Applicant commit to set aside additional HOME -Assisted Units beyond the minimum required by HUD? r Yes f No If "Yes'. answer the following questions: (1) How many? (2) Percentage of ADDITIONAL HOME -Assisted Units: (Divide number shown in b.(1) by a.(4) and round percentage to two decimal places) (3) Is the minimum number of HOME -Assisted Units required, as shown at a.(5), plus'.fte additional HOME - Assisted Units, as shown at b.(1), either equal to or less than the total number of units in the Development? Yes No c. Total Set -Aside Percentage: (add a.(6) and b.(2( and round percentage to two decimal places} d- Summary of HOME -Assisted Units: (1) Low HOME Rent Units (2) High HOME Rent Units (3) Total HOME -Assisted Units 3. Affordability Period for MMRB, SAIL, HOME and HC Applications: Applicant irrevocably commits to set aside units in the proposed Development tor a total of 50 years. P. Resident Programs 1. Qualified Resident Programs for Non -Elderly and Non-Hometess Developments (Maximum 6 Points) a. Welfare to Work or Self -Sufficiency Type Programs {1 point) identify the program and the contact person: Name of welfare to work or self-sufficiency type program: Name of Contact Person: Address: Street City. b. Homeownership Opportunity Program: State: Zip Code: Telephone Number: " (1) Financial Assistance with Purchase of a Home (2 points) OR (for HC Single Family Rental Developments Only) (2) Financial Assistance with Purchase of a Unit in the Development (1 point) c. After School Program for Children (3 points) d. First Time Homebuyer Seminars (1 paint) e. Literacy Training (2 points) f. Job Training (2 points) 2. Qualified Resident Programs for Homeless Developments - SRO and Non -SRO (Maximum 6 Points) a. The following resident programs are available for SRO Developments only: (1) Staffed kitchen/Cafeteria (3 points) (2) Daily Activities (3 points) b. The following resident programs are available for Non -SRO Developments only: (1) Homeownership Opportunity Program: . i— (a) Financial Assistance with Purchase of Horne (2 points) OR (for HC Single Family Rental Developments Only) (b) Financial Assistance with Purchase of a Unit in the Development (1 point) W (2) After School Program for Children (3 points) (3) First Time Homebuyer Seminars (1 point) c. The following resident programs are available for both SRO and Non -SRO Developments: (1) Welfare to Work or Self -Sufficiency Type Programs (1 point) Identify the program and the contact person: Name of welfare to work or self-sufficiency type program: Name of Contact Person: Address: Street City: (2) Literacy Training (2 points) (3) Job Training (2 points) Telephone Number: State: Zip Code: 3. Qualified Resident Programs for Elderly Developments (Maximum 6 Points) a. Private Transportation (3 points) +# b_ Daily Activities (3 points) c. Assistance with Light Housekeeping, Grocery Shopping andior Laundry (1 point) ►' d. Resident Assurance Cheek -In Program (2 points) e. Manager On -Call 24 Hours Per Day (2 points) 4. Qualified Resident Programs for ALL Applicants (Maximum 8 Points) 7 a. Health Care (2 points) b. Resident Activities (2 points) c. Health and Nutrition Classes (2 points) d. Financial Counseling (2 points) e. English as a Second Language (2 points) f. Resident Assistance Referral Program (2 points) g. Swimming Lessons (2 points) h. Life Safety Training (2 points) Mentoring (2 points) G. HOME Uniform Relocation Act (HOME Applicants Only) 1. Does any portion of the Development involve rehabilitation work? C' Yes - Complete both questions 2 and 3 C No - Complete question 3 only 2. Tenant Relocation €nforma ion for Existing Properties a. Are there any units occupied? Yes - Complete items b. - f. C- No - Skip items c. - f. b. How many total units now exist in the development? c. How many units are occupied? d. Based en the income information of each tenant, is permanent relocation (displacement) anticipated during or after the rehabilitation period? l- Yes - Number of units affected: No e. During rehabilitation. will temporary relocation of any tenants be required? r Yes - How many tenants will require temporary relocation? r No f. Provide one copy of the required information in a separate notebook entitled "Relocation Documentation." 3. Uniform Relocation Act (URA) Acquisition information (New Construction and Rehabilitation Developments) a. Does the Applicant own the Development site as documented in the Site Control section of this Application? f-rYes - Provide a narrative regarding the acquisition behind a tab labeled "Exhibit 36" and skip items b. through d. below t-. No - Answer Item b, below b Is Applicant a private company? C Yes - Provide a copy of the notice provided to the seller behind a tab labeled "Exhibit 37" and skip items c. and d. below C No - Answer Item c. below c. Is Applicant a public (government) Applicant? i"" Yes - Answer item d. below "` No - Skip item d. below d. Does the Applicant have eminent domain power? .. Yes - Provide a copy of the required notice behind a tab labeled 'Exhibit 38" No - Provide the required information behind a tab labeled "Exhibit 38" H. HOME Certification of Consistency With the Consolidated Plan (HOME Applicants Only) Provide documentation evidencing certification of consistency with Consolidated Plan behind a tab labeled "Exhibit 39". 1. HOME - Other Federal Requirements (HOME Applicants Only) 1. Federal Labor Requirements Does the Development consist of 12 or more HOME -Assisted Units to be constructed under a single contract? Yes Try No 2_ Debarment and Suspension Provide the executed Contractor Certification behind a tab labeled "Exhibit 4 '. 3. Lead Based Paint a. Did the Applicant answer "Yes" to question G.1. in this Application? t— Yes - answer item b. below No - sk p items 5. and c. below b. Was the Development to be rehabilitated built before 1978? r Yes - answer item c. below No - skip item c. below c. Is the Applicant purchasing the property? Yes - Provide a copy of the executed Disclosure of Information on Lead Based Paint. and Lead Based Paint Hazards Form behind a tab labeled "Exhibit 41". No 4. Match List the amount of each source of Match and provide the required documentation behind a tab labeled "Exhibit 42". a. Source(s) b_ Total Match Amount: Li Part IV. Local Government Support A. Contributions - MMRB, SAIL, HC and HOME Applications 1. If the proposed Development does not meet one or more of the criteria listed in the Application instructions to be eligible for an automatic 5 points, has a Local Government committed to provide a contribution to the proposed Development? " Yes fir' No If "Yes', provide the following: {a) The applicable Local Government Verification of Contribution Form(s): (1) Local Government Verification of Contribution - Grant Form behind a tab labeled "Exhibit 43"; (2) Local Government Verification of Contribution - Fee Waiver Form behind a tab labeled "Exhibit 44": (3) Local Government Verification of Contribution - Loan Form behind a tab labeled "Exhibit 45'; andlor (4) Local Government Verification of Contribution - Fee Deferrat Form behind a tab labeled "Exhibit 46". (b) The payment stream for all present value calculations (if contribution consists of a loan or deferred fee) should be provided behind the applicable exhibit tab. 2. For each Local Government contribution the Development will receive: a. Enter the type of contribution (grant, loan, fee waiver or fee deferral) and the value (net present value) of each contribution. Type b. Enter the total Local Government contribution(s): B. incentives Value Nei 1. If the Local Government provides an expedited permitting process for affordable housing, provide the Local Government Verification of Affordable Housing Incentives - Expedited Permitting Process for Affordable Housing Form behind a tab iabeied "Exhibit 47". +E 2. If the Local Government has an on -going and current process for providing contributions to affordable housing properties or developments, provide the Local Government Verification of Affordable Housing Incentives - Contributions to Affordable Housing Properties or Developments Form behind a tab labeled "Exhibit 48", ut 3, If the Local Government currently makes available to affordable housing properties or develcrnents the modification of fee requirements, including reduction or waiver of fees and alternative methods of fee payment, provide the Local Government Verification of Affordable Housing Incentives - Modification of Fee Requirements for Affordable Housing Properties or Developments Form behind a tab labeled "Exhibit 49". `Q 4. If the Local Government currently has a process, established by ordinance, resolution, plan or policy, that requires consideration of the impact of proposed policies, ordinances, regulations, or plan provisions on the cost of affordable housing prior to adoption of such policies, ordinances, regulations, or plan provisions, provide the Local Government Verification of Affordable Housing incentives - Impact of Policies, Ordinances, Regulations or Plan Provisions on Cost of Affordable Housing Properties or Developments Form behind a tab labeled "Exhibit 50". (�1 PART V. Financing A. Funding 1. Funding Request Tax -Exempt Multifamily Bonds $ Taxable Multifamily Bonds $ SAIL $ .......................... sic Competitive HC (annual amount) $ 2435ti00 T Non-competitive HC (annual amount) $ .......... _..... HOME $ 2. SAIL Applicants - is Applicant applying for a loan to excess of 25% of Total Development Cost? Yes L_ No If "Yes" indicate below the eligibility requirement that has been satisfied to enable the Applicant to make such request: (1) Non -Profit and public Sponsors which are able to secure grants, donations of land, or contributions from other sources collectively totaling at least 10% of Total Development Cost; OR r (2) Sponsors that maintain an 80% occupancy of residents qualifying as Far rnworkers'Comrnerciai Fishing Workers or Homeless as defined in 420.503(18), F.S.. over the life of the loan. if -applicable, provide evidence of SAIL Applicant's eligibility to request a loan in excess of 25% of Total Development Cost behind a tab labeled "Exhibit 51". 3. HOME Applicants - Total maximum HOME subsidy allowed: $ Provide a chart behind a tab labeled "Exhibit 52" showing the calculation of the total maximum HOME subsidy the Applicant may request based on the Corporation Iimits. 4. Designation (MMRB, SAIL and HC Applicants): i. Applicant elects not to select one of the above designations If selecting HOPE VI or Front Porch Florida Community Designation, Applicant must provide evidence of eliaibdity behind a tab labeled "Exhibit 53" 5. a. Other Corporation funds that will be used as a source of financing for this construction project: Corporation. Program (1)SAfL (2) Competitive HC (3) Tax -Exempt MMRB (4) HOME (5) PLP (6) Non-competitive HC (7) Taxable MMRB b. If Local Government -issued Tax -Exempt Bond proceeds, excl finance this construction, provide the following information: Tax -Exempt Bond source Corporation File Number Amount of Funding $ $ $ ................................. ......... ding 501(c)(3) bonds, will be used to $ Tax -Exempt Bond amount B. Finance Documents Ail Applicants must complete the Development Cost Pro -Forma, the Detail?Explanation Sheet, if applicable, the Construction or Rehab Analysis, and the Permanent Analysis. All Applicants must complete and attach the Commitment to Defer Developer Fee Form labeled "Exhibit 54". C. MMRB Applicants Only (Threshold) Provide the fallowing information: 1. Credit Enhancer Term: OR 2. Private PlacernentName of Purchaser: Term: Expected Rating: Expected Rating: applicable, behind a tab Provide the Credit Enhancers Commitment or bond Purchaser's Letter of Interest behind a tab labeled "Exhibit 55". D. Funding Commitments) Attach all funding cornmitment(s) executed by the lender(s) or other source(s). Insert documentation for each source directly behind its own tab beginning with a tab labeled "Exhibit 56" and continuing with sequentially numbered tabs for each exhibit. Addenda You may use the space below to provide any additional information or explanatory addendum for items in the Application. Please specify In detail the particular Part, Section, Subsection, etc., to which the additional information or explanatory addendum applies. Part It1.A.2_a On NW 22nd Lane at Intersection of NW 22nd Lane and NW 2nd Ave. Part IV.A.1 - Radio Sutton should not have been marked. DEVELOPMENT COST PRO FORMA NOTES: (1) For HC, these fees must be included but may be included as an eligible cost only at the Applicant's discretion. Applicant should rely on the advice of a tax professional. (See Fees section in Universal Application Package.) (2) Developer fee may not exceed the limits established in Rule Chapters 67-21 and 67-48, F.A.C. Any portion of the fee that has been deferred must be included in Total Development Cost. (3) Developer fee on Existing Buildings to be Acquired/Owned may not exceed 4% of the cost of the buildinc ONLY (exclusive of land). (4) If Housing Credit equity is being used as a source of financing, complete columns t, 2 and 3. Otherwise, complete columns 2 and 3 (5) General Contractor's fee is limited to 14% of actual construction cost. General Contractor's tee must be disclosed. (6) In reference to impact fees, e tax professional's advice should be sought regarding eligibility of these fees, (7) Hard and soft cost contingency amounts cannot exceed the limits stated in Rule Chapters 67-21 and 67-48, F.A.C. (8) The Corporation pays ie servicing fees and compliance monitoring fees for ail HOME Applicants. For HOME Rental loans to Non -Profit entities, the Corporation also pays the credit underwriting fees and environmental review fees. (9) Applicants using HC equity funding, with the exception of those applying for MMRB, should list an estimated compliance fee amount in column 2. USE THE DETAIL/EXPLANATION SHEET FOR EXPLANATION OF *ITEMS. ATTACH ADDIT1DNAL SHEETS IF NECESSARY. 1 ELIGIBLE (HC ONLY) PROJECT COST 2 3 HC INELIGIBLE; OR Total (MMRB, SAIL, MMRBISAtLJHOME HOME and HC) Actual Construction Cost Demolition *Off -site (explain in detail) New Rental Units Rehab of Existing Rental Units Accessory Buildings Recreational Amenities Rehab of Existing Common Areas *Other (explain in detail) Al. Actual Construction Cost *Contingency (explain in detail) A1.1. Sub -Total A1.2. General Contractor Fee (5) (Max. 14% of A1., Column 3) A1.3. Total Actual Construction Cost Financial Cost Construction Loan Credit Enhancement Construction Loan interest Construction Loan Origination Fee 13530236 400000 200000 76200 $13700236 $476200 704758 $14404994 $ 476200 $1933272 $ $16338266 $ 476200 231773 52500 Bridge Loan interest Bridge Loan Origination Fee Permanent Loan Credit Enhancement Permanent Loan Origination Fee Reserves Required by Lender A2. Total Financial Cost $ 284273 General Development Costs Accounting Fees Appraisal Architect's Fee - Design Architect's Fee - Supervision Builder's Risk insurance Buildine Permit Brokerage Fees - Land Brokerage Fees - Buildings Closing Costs - Construction Loan Closing Cosis - Permanent Loan Engineering Fee Environmental Report FHFC Administrative Fee (1) and (8) FHFC Application Fee (1) FHFC Compliance Fee (8) and (9) FHFC Credit Underwriting Fee 82000 12500 320000 80000 152400 100000 544073 52500 0 0 13900236 0 0 276200 $14176436 704758 $14881194 $1933272 $16814466 0 775845 105020 0 ....................... 0 0 0 0 $ 596573 $ 880846 62460 82000 12500 320000 80000 0 152400 62460 19500 19500 ............. . 50000 50000 100000 50000 50000 194800 194800 2000 200G 77853 77853 9625 9625 (1) and (8) *Impact Fees (list in detail) Inspection Fees Insurance Lega# Fees Market Study Marketing/Advertising Property Taxes Soil Test Report Survey Title Insurance Utility Connection Fee `Other (explain in detail) `Contingency (7) (explain in detail) A3. TOTAL GENERAL DEVELOPMENT COST B. DEVELOPMENT COST (A1.3+A2+A3) C. DEVELOPER'S FEE (2) 215900 215900 56600 56600 152400 152400 125000 125000 250000 5000 5000 150000 150000 252332 262332 10000 10000 40000 40000 165000 165000 215900 215900 0 141779 141779 $ 198441/1 $ 893638 $ 2878049 18606950 $ 1966411 $ 20573361 $ 3289681 $ $ 3289681 AQUISITION COST OF EXISTING DEVELOPMENTS (EXCLUDING LAND) Existing Buildings Developer Fee on Existing Buildings (3) *Other (explain in detail) D. TOTAL ACQUISITION COST E. TOTAL LAND COST F. TOTAL DEVELOPMENT COST(B+C+D+E) $ 21896631 s° $ 3123000 $ 5089411 0 0 3123000 $ 26986042 Detail/Explanation Sheet Totals must agree with Pro Forma. Provide description and amount for each item that has been completed on the Fro Forma. Development Cost Acquisition Cast of Existing Developments Other. Actual Construction Cost ............... Off -site: Other: Contingency: $200,000 for furniture, fixtures and equipment. $76,200 for washeridryer purchases. $704,758 for unexpected hard costs. General Development Costs Impact Fees: $215,900 for School impact fee. Other: Contingency: $141,779 for unexpected financial and general development costs. NOTE: Neither brokerage fees nor syndication fees can be included in eligible basis. Consulting fees, if any. and the cost of an independent HC market study must be paid out of the Developer fee. Consulting fees include, but are not limited to, payments for Application consultants: construction management or supervision consultants, or local government consultants. CONSTRUCTION or REHAB ANALYSIS A. Total Development Cost: B. Sources: 1. SAIL Loan Requested 2. MMRB Requested 3. HOME Loan Requested 4. HC Equity Proceeds Paid Prior to Completion of Construction which is Prior to Receipt of Final Certificate of Occupancy or in the case of Rehabilitation, prior to placed -in service date as determined by the Applicant. 5, First Mortgage Financing 6_ Second Mortgage Financing 7. Third Mortgage Financing 8. Deferred Developer Fee 9. Grants 10. Equity - Partner's Contribution 11. Other: 12. Other: 13. Total Sources C. Financing Shortfall (A - B.13.): LOCATION OF AMOUNT DOCUMENTATION $ 26936042 $ 20817167 Exhibit 56 $ 7000000 Exhibit 57 $ Exhibit $ Exhibit $ 3289681 Exhibit 54 $ Exhibit $ Exhibit $ ......._ _... Exhibit $ Exhibit $ 31146848 $-4120806 Each Exhibit rnust be listed behind its own Tab. DO NOT include all Exhibits behind one tab. PERMANENT ANALYSIS LOCATION OF AMOUNT DOCUMENTATION A. Total Development Cost: $ 26986042 B. Sources: 1. SAIL Loan Requested $ 2 MMR8 Requested $ 3. HOME Loan Requested $ 4, RC Syndication/HC Equity Proceeds $ 23130187 Exhibit 56 5. First Mortgage Financing $ 2000000 Exhibit 57 6. Second Mortgage Financing $ Exhibit 7. Third Mortgage Financing $ Exhibit o. VCICE ICu Liev.tqupT i-CC txmois 9. Grants $ Exhibit 10. Equity - Partner's Contribution $ Exhibit 1i. Other: $ Exhibit 12. ether: $ Exhibit 13. Total Sources $ 26986042 C. Financing Shortfall (A - B.13.): so Each Exhibit must be listed behind its own Tab. DO NOT include all Exhibits behind one tab. 02,'02 2006 1741 954 924 0522 MILLER SCHW,4,,RTZ CORPORATE ACCESS a 002 /002 P iCE 02/ 02 M • yl • • $00 as •i< • r .•Shr, • 4r• ;R • ! . • .: r•1h , •lnrl•1, ! d • M1A •Yu-r •tl Department of L4tate I certify from the records of this office that ARTISTS LOi=TS, L.LC, is a limited liability company organized under the Jaws of the State of Florida, filed on August 10, 2004. The document number of this company is L04000059405_ i further certify that said company has paid all fees duo this office through December 31, 2005, that its most recent annual report was filed on November 2. 2005, and Its status is active. Great Seunder l of theyState of and at Tallahassee, the Capitol, this the Second day of February, 200& 42 OmmerN • ""� • f '•-_ 1 s.-zits _a •, •. .•aoli. 91%,,•a•,• -,••t� .•7:4fi• i671Mt141 ,5 ,.4 pr Ale skr 850-205-0381 1/24/2006 4:28 PAGE 001/003 Florida Dept of State liPpuitment of #tutr Ili i certify from the records of this office that MORIAH APARTMENTS, LTD., is a Limited Partnership organized under the laws of the state of Florida, filed on March 28, 2002. The document number of this Limited Partnership is A02000000472. I further certify said Limited Partnership has paid all filing fees due this office through December 31, 2006, and its status is active. I further certify that this is an electronically transmitted certificate authorized by section 15.16, Florida Statutes, and authenticated by the:` code, 506A00005159-012406-A02000000472-1(1, noted below. Authentication Code: 506A00005159-012406-A02000000472-1/1 Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Twenty-fourth day of January, 2006 7 IA, 6:066 due I. Cobb Otattarp Otatt 74e1t6 a�G 850-205--0381 1124/2006 4:28 PACE 0020'003 Florida Dept 01 State thu irimprtt of *tat2 -El 2 certify the attached is a true and correct copy of the Certificate of Amendment, filed on January 23, 2006, for HIDDEN HARBOR APARTMENTS, LTD. which changed its name to MORIAH APARTMENTS, LTD., a Florida limited partnership, as shown by the records of this office. l further certify the document was electronically received under FAX audit number 806000019254. This certificate is issued in accordance with section 15.16, Florida Statutes, and authenticated by the code noted below The document number of this limited partnership is A02000000472. Authentication Code: 506A00005159--012406--A02000000472--1/1 Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Twenty-fourth day of January, 2006 Ce Sim Sit Cobb 2nrrttarp of Watt • Tax Folio No.: (} 1 - 125- €574 OM:4 01- 3425 014 - en3a 111111111111111111111111111111111111111111111 CFI-4 2OO4-F40698 36 OR Bk 225700 Pss 4315 - 4317; (3a9s) RECORDED OS/13/2004 10:16:17 DEED DOC TAX 12000,00 SURTAX 9,000,00 HARVEY RUVINi CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA Record & Return to: Irwin M. Frost, Esq. Friedman & Frost, Esq. 1111 Brickell Avenue, Suite 2050 Miami, FL 33131 WARRANTY DEED TFIIS WARRANTY DEED, made this/2. day of August, 2004, by and between BAYLOR FINANCE CORP. , a Panamanian Corporation, Grantor, and ARTISTS LOFTS, LLC., a Florida Limited Liability Company, Grantee, whose address is c/o Mural Wald Biondo Moreno & Brochin, P.A., 25 S.E. 2"d Avenue, Suite 900, Miami, Florida 33131. WITNESSETH: THAT THE GRANTOR, for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration, in hand paid by GRANTEE, the receipt, adequacy and sufficiency whereof are hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto GRANTEE and to GRANTEE'S successors and assigns, forever, all ofGRANTOR' S right, title and interest in and to the land in the County of Miami -Dade, State of Florida, described hereinbelow, to wit: Please See Exhibit "A" Attached Hereto and Made a Part Hereof SUBJECT TO: 1) Taxes for the year 2004, and all subsequent years, not yet due and payable. 2) Zoning and/or restrictions and prohibitions imposed by governmental authority, none of which are soughtto be reimposed. 3) Restrictions and other matters appearing on the plat and/or otherwise common to the subdivision, none of which are sought to be reimposed. 4) Public Utility easements of record. and said Grantors does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. "Grantor" and "Grantee" are used for singular or plural, as context requires. [NOTARIAL ACKNOWLEDGMENT ON FOLLOWING PAGE] Book2257O/Page4315 CFN#20040698536 Page 1 of 3 IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seal the day and year first above written. Signed, sealed and delivered in the presence of: BA By: 1xrAYd 6, C.ci.s.V, o Sign and Print Name Above frtdJ? / f' Sign and Print Name Above STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) ANCE C anian Corporation oel .moo Authorized Repre ntative The foregoing instrument was acknowledged before me this jea'-day of , 2004 by Joel S. Magolnick, Authorized Repre tative of Baylor Finance Corp., a Panamanian Corporation, who is ersonall known to me or who has produced as identification, and who did or did/not take an oath. THIS INSTRUMENT PREPARED BY: Irwin M. Frost, P.A. Irwin M. Frost, Esq. l 11 I Brickell Avenue, Suite 2050 Miami, FL 33131 (305) 374-3001 lrec664a.03b 2 Book22570/Page4316 CFN#20040698536 Page 2 of 3 r EXHIBIT .=A„ OR 31< 22570 PG 4317 LAST PAGE LEGAL DESCRIPTION A portion of the SW 1/4 of Section 25, Township 53 South, Range 41 East, Miami -Dade County, Florida, being more particularly described as follows: Beginning at a point 5.00 feet North of the Southwest corner of Lot 8, Block „A" of "J.A. DANN'S SECOND ADDITION", according to the Plat thereof, as recorded in Plat Book 3, at Page 25, of the Public Records of Miami -Dade County, Florida; thence run North 00 degrees 06 minutes 57 seconds West for a distance of 138.72 feet; thence run South 89 degrees 48 minutes 58 seconds West, for a distance of 240.11 feet; thence run North 00 degrees 06 minutes 35 seconds West for a distance of 200.27 feet; thence run North 89 degrees 48 minutes 40 seconds East, for a distance of 146.88 feet; thence run North 00 degrees 06 minutes 34 seconds West, for a distance of 40.00 feet; thence run North 89 degrees 48 minutes 40 seconds East, for a distance of 46.3,31 feet to the Point of Curvature of a circular curve to the right; thence continue Southeasterly, along said circular curve, having a radius of 25.00 feet, through a central angle of90 degrees 04 minutes 52 seconds and an arc distance of 39.31 feet to the Point of Tangency; thence run South 00 degrees 06 minutes 28 seconds East, for a distance of 65.30 feet to the Point of Curvature of a circular curve to the right; thence continue Southwesterly along said circular curve, having a radius of 25.00 feet, through a central angle of 89 degrees 55 minutes 08 seconds and an arc distance of 39.23 feet to the Point of Tangency; thence run South 89 degrees 48 minutes 40 seconds West, for a distance of 27.33 feet; thence run North 00 degrees 06 minutes 29 seconds West,co ran distance South of 75.00 feet; thence run South 89 degrees 48 minutes 40 seconds West, for a distance of 62.29 feet; 00 degrees 06 minutes 29 seconds East, for a distance of 75.00 feet; thence run South 89 degrees 48 minutes 40 seconds West, for a distance of 62.29 feet; thence run South 00 degrees 06 minutes 19 seconds East, for a distance of 125.01 feet; thence run South 89 degrees 48 minutes 58 seconds West, for a distance of 68.18 feet; thence run South 00 degrees 06 Minutes 46 seconds East, for a distance of 139.20 feet; thence run North 90 degrees 00 minutes 00 seconds West, for a distance of 150.03 feet to the Point of Beginning. PARCEL II 1� �' c;-1 0 3 4- A portion of the SW 1/4 of Section 25, Township 53 South, Range 41 East, Miami -Dade County, Florida, being more particularly described as follows: Beginning at the Northwest corner of Lot 1, Block "A" ofN.W. SEVENTH AVENUE ADDITION, according to the Plat thereof, as 49 minutes 00 secorded in Plat eook 7, at Page econds East for a6d stance of Public I24.91of� �o tht�Point of ade County, Florida; thence run North 89g� Curvature ofa circular curve to the right; thence continue Southeasterly, along said circular curve, having a radius of 6 feet o the of 25.00 feet through a central angle of 90 degrees 13 minutes 00 seconds and an arc distance of 39.3 Point 89 uth ore run North f0 Tangency; thence run South 00 degrees 02 minutes 00 seconds West .41 feetthence 01 minute nSo1 seconds degrees 48 minutes 46 seconds West for a distance of 149.98 feet; 011���r�L East for a distance of 122.51 feet to the Point of $eginning. -�- ; 1 � � ' C : � , x 't c g ALSO KNOWN AS: Lots 1, 2 and 3, Block "A", N.W. SEVENTH AVENUE ADDITION, according to the Plat thereof, as recorded in Plat Book 7, Page 36, in the Public Records of Miami -Dade County, Florida. PARCEL III Non -Exclusive Easement to the use and benefit of the "Common Areas" for Ingress and Egress, Parking, Construction, and other purposes as efined in, and Use and Anteernc t filed Doc 1997, inFacilitieOfficialRecords Book 17575, Page 3940,subject to, that Easement and in Operating the Public Records of perating Agreemen Miami -Dade County, Florida. f Book22570/Page4317 CFN#20040698536 Page 3 of 3