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SEOPW CRA 2018-06-26 Agenda Packet
City of Miami 819NW2ndAve 3rd Floor Miami, FL 33136 http://miamicra. com Meeting Agenda Tuesday, June 26, 2018 5:00 PM Camillus House 1603 N.W. 7th Ave., Bldg. B Miami, FL 33136 SEOPW Community Redevelopment Agency Keon Hardemon, Chair Wifredo Gort, Vice Chair Ken Russell, Board Member, District Two Joe Carollo, Board Member, District Three Manolo Reyes, Board Member, District Four SEOPW CRA OFFICE ADDRESS: 819 NW 2ND AVENUE, 3RD FLOOR MIAMI, FL 33136 Phone: (305) 679-6800 I Fax (305) 679-6835 www.miamicra.com Southeast Overtown/Park West CRA Meeting Agenda June 26, 2018 CALL TO ORDER CRA PUBLIC COMENTS CRA PRESENTATION 1. CRA PRESENTATION 4375 PRESENTATION REGARDING THE OVERTOWN COMMUNITY WORK TRAINING PROGRAM CRA RESO W/O FIN IMPACT 1. CRA RESOLUTION 4374 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, WITH ATTACHMENT(S), ACCEPTING THE ASSESSMENT OF NEED STUDY ATTACHED; AND MAKING FINDINGS THAT THERE EXIST ONE OR MORE SLUM OR BLIGHTED AREAS IN WHICH THERE IS A SHORTAGE OF HOUSING AFFORDABLE TO RESIDENTS OF LOW OR MODERATE INCOME, INCLUDING THE ELDERLY, THAT THERE IS A NEED FOR REHABILITATION AND DEVELOPMENT OF HOUSING AFFORDABLE TO RESIDENTS OF LOW OR MODERATE INCOME, INCLUDING THE ELDERLY, AND IT IS IN THE BEST INTEREST AND WELFARE OF THE RESIDENTS OF THE CITY OF MIAMI AND MIAMI-DADE COUNTY THAT THE LIFE OF THE CRA BE EXTENDED; FURTHER DIRECTING THE EXECUTIVE DIRECTOR TO TRANSMIT A COPY OF THE ASSESSMENT OF NEED/FINDING OF NECESSITY REPORT TO THE CITY OF MIAMI AND MIAMI-DADE COUNTY FOR LEGISLATIVE ACTION. File # 4374 BACK UP City of Miami Page 2 Printed on 6/20/2018 Southeast Overtown/Park West CRA Meeting Agenda June 26, 2018 2. CRA RESOLUTION 4376 A RESOLUTION THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, WITH ATTACHMENTS, AUTHORIZING THE EXECUTIVE DIRECTOR OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY TO EXECUTE A SECOND AMENDMENT TO THE COVENANT REGARDING BLOCK 46 WITH SAWYER'S WALK, LTD. AND POINCIANA VILLAGE OF MIAMI, LTD., IN SUBSTANTIALLY THE ATTACHED FORM. File # 4376 Back up ADJOURNMENT City of Miami Page 3 Printed on 6/20/2018 3.1 SEOPW Board of Commissioners Meeting June 26, 2018 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Keon Hardemon Date: June 19, 2018 and Members of the CRA Board From: Cornelius Shiver Executive Director File: 4375 Subject: Presentation regarding the Overtown Community Work Training Program Enclosures: <Enter Presentation information here> Packet Pg. 4 4.1 SEOPW Board of Commissioners Meeting June 26, 2018 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Keon Hardemon Date: June 19, 2018 and Members of the CRA Board From: Cornelius Shiver Executive Director File: 4374 Subject: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA Enclosures: File # 4374 BACK UP BACKGROUND: The SEOPW CRA is in the process of seeking the extension of the life of the CRA from 2030 to 2042. In furtherance of that objective, the CRA is required to prepare an Assessment of Need Study, amend its current Redevelopment Plan, and amend the Interlocal Agreement with its two taxing authorities, the City of Miami and Miami -Dade County. The accompanying Assessment of Need Study (Assessment) was prepared by E.L. Waters and Company, LLC Planning Team, pursuant to Miami -Dade County Resolution No. R-611-15, which established the policy for the preparation and submission of an assessment of need study, whenever a CRA seeks approval to extend the life. Miami -Dade County prescribes that the SEOPW CRA engaged the community through multiple methods in preparation of this Assessment. In preparation of this Assessment, the SEOPW CRA conducted a series of community events, including a charrette, interviews of residents, property owners and business people, surveys dissemination via social media and community meetings, and a publicly noticed community meeting held for the sole purpose of community input in the preparation of this Assessment. JUSTIFICATION: The Assessment must support findings, pursuant to Florida Statute section 163.355, that (1) One or more slum or blighted areas, or none or more areas in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exist in such county or municipality; and (2) the rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas, including, if appropriate , the development of housing which residents of low or mode rage income, including the elderly, can afford, is necessary in the Packet Pg. 5 4.1 interest of the public health, safety, morals, or welfare of the residents of such county of municipality. Page 2 of 5 Packet Pg. 6 4.1 Southeast Overtown/Park West Community Redevelopment Agency CRA Resolution Enactment Number: File Number: 4374 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, WITH ATTACHMENT(S), ACCEPTING THE ASSESSMENT OF NEED STUDY ATTACHED; AND MAKING FINDINGS THAT THERE EXIST ONE OR MORE SLUM OR BLIGHTED AREAS IN WHICH THERE IS A SHORTAGE OF HOUSING AFFORDABLE TO RESIDENTS OF LOW OR MODERATE INCOME, INCLUDING THE ELDERLY, THAT THERE IS A NEED FOR REHABILITATION AND DEVELOPMENT OF HOUSING AFFORDABLE TO RESIDENTS OF LOW OR MODERATE INCOME, INCLUDING THE ELDERLY, AND IT IS IN THE BEST INTEREST AND WELFARE OF THE RESIDENTS OF THE CITY OF MIAMI AND MIAMI-DADE COUNTY THAT THE LIFE OF THE CRA BE EXTENDED; FURTHER DIRECTING THE EXECUTIVE DIRECTOR TO TRANSMIT A COPY OF THE ASSESSMENT OF NEED/FINDING OF NECESSITY REPORT TO THE CITY OF MIAMI AND MIAMI-DADE COUNTY FOR LEGISLATIVE ACTION. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West Redevelopment Plan; and WHEREAS, pursuant to Section 163.356, Florida Statutes, City of Miami ("City") and the County sought to create the CRA. WHEREAS, on July 29, 1982, Miami City Commission, by Resolution No. 82-755, approved the CRA's Redevelopment Plan. WHEREAS, on December 7, 1982, the board of County Commissioners, by Resolution No. R-1677-82, issued its approval of the CRA's Redevelopment Plan. WHEREAS, on December 31, 2007, the City, the County and SEOPW CRA entered into an Interlocal Agreement, to provide for among other things, the expansion of the CRA's Redevelopment Area the and the extension of its life to 2030. WHEREAS, Chapter 163.355, Florida Statutes requires finding of necessity by a county or municipality, supported by data and analysis, which makes a legislative finding that conditions in the area meet the criteria of a slum area or a blighted area as defined by s. 163.340(7) or (8); and; Page 3 of 5 Packet Pg. 7 4.1 WHEREAS, pursuant to Florida Statute 163.355(1) ,One or more slum or blighted areas, or one or more areas in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exist in such county or municipality; and WHEREAS, pursuant to Florida Statute 163.355(2), the rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas, including, if appropriate, the development of housing which residents of low or moderate income, including the elderly, can afford, is necessary in the interest of the public health, safety, morals, or welfare of the residents of such county or municipality. WHEREAS, Miami -Dade County Board of Commissioners through Resolution No. R- 611-15, established guidelines the data and analysis required for the CRA requesting an extension of its life and that of the Area to provide an Assessment. WHEREAS, E.L. Waters and Company, LLC and SEOPW CRA have prepared an Assessment of Need/Finding of Necessity in accordance with Chapter 163.355, Florida Statutes and Miami -Dade County Resolution No. R-611-15 ("2017 Assessment"); and WHEREAS, the Assessment of Need supports the findings that within the Redevelopment Area, there is the following: (1) prevailing poverty and unemployment, (2) disadvantaged housing conditions, (3) public safety (Higher Crime and Health Disparities), (4) predominance of defective streets and sidewalks, (5) faulty lots layout and (6) vacant and abandoned buildings. WHEREAS, the Board of Commissioners wish to accept the 2018 Assessment of Need Study and direct the Executive Director to transmit a copy of the same to the City of Miami and Miami -Dade County to make a legislative finding that the conditions in the Redevelopment Area meet the criteria described in Chapter 163.340(7) or (8), Florida Statutes; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Board of Commissioners accepts the Assessment of Need/Finding of Necessity. Section 3. The Board of Commissioners finds that the Redevelopment Area constitutes a slum or blighted area, as defined in Section 163.340, Florida Statutes. Section 4. The Board of Commissioners finds one or more slum or blighted area in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exists. Section 5. The Board of Commissioners finds that the rehabilitation and development of housing affordable to residents of low or moderate income, including the elderly is necessary Page 4 of 5 Packet Pg. 8 4.1 and in the interest of the public health, safety, morals, and welfare of the residents of the City of Miami and Miami -Dade County. Section 6. The Board of Commissioners finds that the Assessment of Need supports the findings that within the Redevelopment Area, there is the following: (1) prevailing poverty and unemployment, (2) disadvantaged housing conditions, (3) public safety (Higher Crime and Health Disparities), (4) predominance of defective streets and sidewalks, (5) faulty lots layout and (6) vacant and abandoned buildings Section 7. The Board of Commissioners finds that is necessary and in the interest of the public health, safety, morals, and welfare of the residents of the City of Miami and Miami - Dade County to extend the life of the CRA. Section 8. The Executive Director is directed to transmit a copy of said the Assessment of Need/Finding of Necessity to the City of Miami and Miami -Dade County to make a legislative fmding that the conditions in the Redevelopment Area meet the criteria described in Chapter 163.340(7) or (8), Florida Statutes. Section 9. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: brrr� s hiver, Executive Director 6/19/2018 Page 5 of 5 Packet Pg. 9 4.1.a Date: To: From: Subject: Memorandum December 16, 2015 Honorable Chairman Jean Monestime and Members, Board ofinty Commissioners Carlos A. Gime Mayor Report on Community Redevelopment Agencies Assessment of Need Study Required for Extensions The following report is pursuant to Resolution No. R-611-15 adopted by the Board of County Commissioners (Board) at its June 30, 2015 meeting, which requested that the County Mayor or the County Mayor's designee prepare and submit a report setting forth the criteria for an assessment of need study (Assessment), which will be submitted by any community redevelopment agency (Agency) requesting an extension to the life of the Agency and community redevelopment area (Area). Background Florida Statutes Part III of Chapter 163, known as the "Community Redevelopment Act of 1969" (Act), authorizes local governments to establish Agencies to revitalize areas designated as slum and blight upon adopting a finding of necessity (Finding) demonstrating there is a need for an Agency to carry out community redevelopment activities, as defined in the Act. The Finding must be adopted by a resolution, and be supported by data and analysis. The Finding must provide that the particular area being studied has instances of slum or blight, as defined by Chapter 163.340(7) or (8). The Board, through Resolution No. R-611-15, established a policy that requires any Agency requesting an extension of its life and that of the Area to provide an Assessment. County staff conducted a research of existing Agencies in Florida, e.g., Naples Community Redevelopment Agency and City of Hallandale Community Redevelopment Agency, and those in other states e.g., the Community Redevelopment Agency of the City of Los Angeles, California to determine whether similar assessments have been completed. Based on research conducted by my Administration, the following criteria should be established by the Board for the assessment of needs studies required by Resolution No. R-611-15: Assessment of Need Any Agency requesting an extension shall provide the Board an Assessment that shall include the following information: • Reason for the extension; • Current condition(s) of slum in the Area, as defined by Chapter 163.340 (7), with detailed statistical data or analysis; • Current condition(s) of blight in the Area, as defined by Chapter 163.340 (8), with detailed statistical data; • Total revenues deposited into the trust fund since the inception of the Agency; • Types of programs funded for the Area; • Major projects funded by the Agency; and • Major projects to be funded by the Agency as a result of the extension. o Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) 4374: Request e # 4374 BACK UP m Packet Pg. 10 4.1.a Honorable Chairman Jean Monestime and Members, Board of County Commissioners Page No. 2 Additionally, the Assessment should include the following information, if applicable, that will assist the Board in determining the feasibility of extending the Agency: • Demographic, household, and poverty rate analysis, including existing and projected demographics and important shifts; • A gap analysis that will examine the existing economic, financial, and regulatory conditions within the redevelopment area to determine barriers and other constraints to private redevelopment investments; • Redevelopment priorities with respect to the gap analysis; • Possible solutions and redevelopment investment strategies; • Recommendations for an appropriate update to the goals and objectives of the Agency's community redevelopment plan; • Projections of available tax incremental revenues, potential financing options, and any other implications related to the extension of the life of the Agency and the community redevelopment area; • Recommendations for an appropriately phased 10 to 15 year capital improvement plan, including a financing plan utilizing tax increment revenues and/or the additional bonding capacity provided by an extension of the Agency and the community redevelopment area; • Recommendations identifying and prioritizing capital projects that facilitate redevelopment and may be recommended or desired beyond a 10 to 15 year time period, and potential financing options; and • Additional recommendations to facilitate appropriate redevelopment that may be determined as a result of the community engagement process described below. Prior to preparing the Assessment, the Agency should engage the community through multiple methods, including meetings, charrettes, interviews, public media, electronic messages, and social media. The Agency should also engage and receive input from interested stakeholders to include: property owners; business owners; merchants and residents in a community redevelopment area; advocates; unions; County and City District Commissioners; County and City officials and representatives; and other stakeholders, The Agency should also conduct site visits, as needed, and should inform and cooperate with County and City staff, and various boards and committees, during the development of the Assessment. Any and all costs associated with the Assessment shall be borne by the Agency. If you have any questions, please contact Deputy Mayor Edward Marquez at 305-375-1451. c: Abigail Price -Williams, County Attorney Office of the Mayor Senior Staff Jennifer Moon, Director, Office of Management and Budget Charles Anderson, Commission Auditor May,pro6615 U a 0 w U) 0 J w r a) c c x w 0 0. 0. a c >, a cn -13 m z 0 c m E m' r a 0 0 0 a a• 1- a U 1- r a E .c 0 co r r Packet Pg. 11 4.1.a Assessment of Need Study In Support of the Proposed Extension to the Life of the Southeast Overtown/Park West Community Redevelopment Agency Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 12 4.1.a Table of Contents Section: Section 1. Executive Summary Section 2. Introduction 2.1 Assessment of Need Study 2.2 Legal Description of the Study Area 2.3 Historical Description of the Study Area 2.4 "Slum" Defined 2.5 "Blight" Defined Section 3. Demographic, Household, and Poverty Rate Analysis 3.1 Population 3.2 Employment Status 3.3 Household Income 3.4 Households below Poverty Level Section 4. Reasons for Extension 4.1 Prevailing Poverty and Unemployment 4.2 Disadvantaged Housing Conditions 4.3 Public Safety (Higher Crime and Health Disparities) 4.4 Predominance of Defective Streets and Sidewalks 4.5 Faulty Lots Layout 4.6 Vacant and Abandoned Buildings Section 5. Current Conditions of Slum in the Study Area 5.1 Higher Unemployment 5.2 Prevailing Poverty 5.3 Disadvantaged Housing and Neighborhood Conditions 5.4 Higher Crime 5.5 Public Health Disparities Section 6. Current Conditions of Blight in the Study Area 6.1 Predominance of Defective Streets 6.2 Unsafe Sidewalks and Bicycle Networks 6.3 Faulty Lots Layout 6.4 Vacant lots 6.5 Abandoned Buildings and Unsafe Structures 6.6 Property Violations 6.7. Site Deterioration 6.8 Unsanitary and Unsafe Conditions due to Environmental Contamination Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 13 4.1.a Section 7. Total Revenues Deposited into the Trust Fund since Inception 7.1 Projected Revenues as a Result of the Extension Section 8. Types of Programs Currently Funded for the Area Section 9. Major Projects Currently Funded by the Agency Section 10. Major Projects to be funded by the Agency as a Result of the Extension Section 11. Recommendations on Updates to the Goals and Objectives of the Agency Section 12. Conclusion Section 13. Appendix (separate volume) Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 14 4.1.a Section 1. Executive Summary: This Assessment of Need Study presents data and analysis to support extending the life of the City of Miami Southeast Overtown/ Park West Community Redevelopment Agency "SEOPW CRA" to year 2042. The Assessment of Need Study Area "Study Area" consists of Overtown and the Park West communities. Notwithstanding, the notable achievements of the SEOPW CRA in creating job opportunities and developing and rehabilitating low and moderate -income housing units in the Overtown community, the accompanying data shows that slum and blighted areas still exist within the Study Area. Data also shows that slum and blight, in one form or another, will exist beyond the current sunset year of 2030. The accompanying data shows that while Overtown is emerging from past public and private neglect, economic and social conditions are still conducive to greater rates of poverty, and higher incidences of crime and health disparities, when compared to the City of Miami and Miami -Dade County. The accompanying data shows that in Overtown there exists a predominance of substandard housing conditions, impaired by reason of dilapidation and code violations, which continues to endanger life and cause economic distress. These conditions of slum and blight did not occur overnight. Overtown was once a thriving mixed -income community with some 50,000 residents. It was inhabited by people who worked on the railroad and other early industrial and commercial ventures. Overtown was also a thriving center of commerce and culture for the Black community, particularly for music and entertainment. Beginning in the 1920's and extending through the 1950's, NW 2nd and 3rd Avenues within the Southeast Overtown area were variously referred to as "Little Broadway" or the "Harlem of the South" in reference to the entertainment venues --- popular with all segments of the Miami community --- like the Lyric Theater that lined them. Bahamian musicians marched down Fifth Place on Friday nights playing a spicy blend of Calypso and island rhythms. Teenagers flirted over jukebox sessions at neighborhood restaurants. It was also the portion of the City of Miami where African -American entertainers such as Nat King Cole, Count Basie and Ella Fitzgerald lodged when they were performing at the hotels on Miami Beach, at which they were not allowed to stay. In the 1960s, several factors combined to change the face of Overtown: (i) two highways were built which 4 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 15 4.1.a cut through the heart of the community, separating the community into four quarters; (ii) the ill- conceived efforts of "urban renewal" leading to the destruction of many older homes and buildings, displacing nearly 80% of its residents and subsequent destruction of the area's business community, which once had more than 300 businesses; and (iii) desegregation, which opened new opportunities for many who moved to other neighborhoods. The formation of the SEOPW CRA was completed in 1982. Since then, the SEOPW CRA has undertaken measurable redevelopment efforts to revitalize not only Overtown, but the entire Redevelopment Study Area. As contemplated, the Park West area generates about 70% of the total revenues deposited into the SEOPW CRA trust fund. As a direct result of visionary leadership and steady economic growth, to date there are notable signs of community development activities in Overtown as well as in the Park West area; however, compared to surrounding neighborhoods, there still exist in Overtown a shortage of housing affordable to low income and elderly residents, higher rates of unemployment, prevailing poverty, higher incidences of crime and health disparities. Today, Overtown has approximately 8,000 residents living in a two square mile radius. More than half of the Overtown residents live below the poverty level; 34% are unemployed and a large percentage of youth are neither in school nor working. The median household income is $17,363. Overtown is by far the deadliest community for opioid deaths in Miami -Dade County. Since 2015, at least 31 people have fatally overdosed in Overtown with heroin or fentanyl, often both found in their blood. The addicted have operated in plain view, injecting drugs in Overtown's shanty shelters, weed -choked fields, and even along highway embankments. In Overtown, reported hospitalization for heart disease was three times the rate reported in Miami -Dade County overall. The percentage of low birth weight babies in Overtown was 10% higher than the county -wide average of 8.9%, and according to the Florida Department of Health, the area has one of the highest infant mortality rates in all Miami - Dade County. Despite these statistics, the Overtown and Park West communities have many assets, most notably its people, their pride, and the commitment of the SEOPW CRA to a better Overtown and Park West. The extension of the life of the SEOPW CRA will allow the CRA to continue with its community redevelopment activities including offering affordable housing opportunities for low and moderate - income families, leveraging tax increment funds to attract private capital in furtherance of community redevelopment goals, and continuing to combat higher incidences of crime by promoting policing innovations that would foster safe neighborhoods. A few of the projects to be funded as a result of extending the life of the SEOPW CRA include: investments into public housing at Culmer Place, Culmer Gardens, and Rainbow Plaza, a mixed -use Cultural and Entertainment District pursuant to the Folk Life Village Study Plan, and a transportation initiative consistent with Miami -Dade County Strategic Miami Area Rapid Transit Plan (SMART). This Assessment conclusively supports a finding that within the Study Area, one or more slum and blighted areas exist, including a shortage of housing affordable to residents of low and moderate income, including elderly, and these conditions will exist beyond the current sunset date. 5 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 16 4.1.a 6 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 17 4.1.a Section 2. Introduction: 2.1 Assessment of Need Study 2.2 Legal Description of the Study Area 2.3 Historical Description of the Study Area 2.4 "Slum" Defined 2.5 "Blight" Defined 2.1 Assessment of Need Study This Assessment of Need Study (Assessment) was prepared pursuant to Miami -Dade County Resolution No. R-611-15, which established the guidelines policy for the preparation and submission of an assessment whenever a Community Redevelopment Agency "CRA" petitions to extend the life of the CRA. On December 16, 2015, Miami -Dade County in its memorandum, "Report on Community Redevelopment Agencies Assessment of Need Study Required for Extensions", prescribed that it is mandatory that the petitioning CRA engage the community through multiple methods in preparation of the Assessment of Need Study. In furtherance of that directive, the SEOPW CRA conducted a series of community events, which included holding a charrette, interviewing residents, property owners, and business people, disseminating surveys via social media and at community meetings, and holding a publicly noticed community meeting for the support of the preparation of this Assessment. 2.2 Legal Description of the Study Area The Southeast Overtown/Park West Study Area, is hereafter described as follows: The legal description of the Study Area is physically defined as beginning near the southwest corner of LUMMUS Park at the southwest corner of the intersection of NW 2nd Street and NW 3rd Court; continue north to the north side of NW 5th Street; then west along the north side of NW 5th Street to the east side of NW 7th Avenue; then north along the east side of NW 7th Avenue to the north side of NW 22nd Street; then east along the north side of NW 22nd Street to the east side of NW 5th Avenue; then south on the east side of NW 5th Avenue to the North Side of NW 22nd Street; then east on the north side of NW 22nd Street to the west side of NW 2nd Avenue; then north on the west side of NW 2nd Avenue to the north side of NW 22nd Street; then east on the north side of NW 22nd Street to the east side of NW 1st Place; then south on the east side of NW 1st Place to the north side of NW 14th Street; then east along the north side of NW 14th Street to the east side of NW 1st Avenue; then south along the east side of NW 1st Avenue to the southern edge of the I-395 ROW; then east along the southern edge of the I-395 ROW to the western side of Biscayne Boulevard; then south along the west side of Biscayne Boulevard to the north side of NE 5th Street; then west along the north side of NE 5th Street to the west side of North Miami Avenue; then south along the west side of North Miami 7 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 18 4.1.a Avenue to the north side of NW 1st Street; then west along the north side of NW 1st Street past NW 1st Avenue, to include properties abutting the west side of NW 1st Avenue; then north along the western edge of said properties to the north side of NW 5th Street; then west along the north side of NW 5th Street to the east side of NW 3rd Avenue; then south along the east side of NW 3rd Avenue to the south side of NW 2nd Street; then west along the south side of NW 2nd street to the southwest corner of the intersection of NW 2nd Street and NW 3rd Court. NW-11oi s; s. Rem x PSA N',N Glli �I G 11'.1 t7Ib$. 1 Modore A GDwn Par* Done, rn SEOPW CRA BOUNDARY MAP 5 E.la....,,,e l:eerNery Adi cronb ,,NNN Arsrol Cent. .ylfiWlfMr11M--�-�'r i III 2 . 1 -_ rlial 4 Marl Arena NIE I RDRail l,xn a lyrK TASpae MI Pi! II6__ rl r NE nI - — I Fleedo Tower nNou�rrnp,ee., n ,1 Baralan Marnm.ner_ r11 usl NNee1 Miami Sourwes.:Esri, HERE, DeLorme. Interrnap increment P Corp., GEBCO, USGS FAq ORS, NRCAN, GeoBas4, IGN, Kadaster NL, Ordnance Survey: Esri fJapSn. METI, Esri China (Hong Kong+. swvisstopo MAapmylndia, OpenStreetMap contributors, and the GIS Use.o,Commugity Location Map —SEOPW CRA Boundary Map Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, Mapmylndia, © OpenStreetMap contributors, and the GIS User Community 8 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 19 4.1.a 2.3 Historical Description of the Study Area Original CRA Area When the Southeast Overtown Park West CRA was originally established in the early 1980's, the preponderance of the redevelopment area was bounded by Interstate 395 on the north, Biscayne Boulevard on the east, NE/NW 5th Street on the south and Interstate 395 on the west. The initial area also extended south of NW 5th Street to NW 1st Street in the area between North Miami Avenue and the western edge of the Florida East Coast (FEC) railroad right-of- way. As the CRA's name suggests, its original boundaries included two distinct neighborhoods: 1) Southeast Overtown and 2) Park West. Southeast Overtown The Southeast Overtown portion which is located north of NW 5th Street between the FEC railroad right-of-way and Interstate 95, is a historic portion of the City of Miami that has been a predominately African -American neighborhood throughout its existence. Beginning in the 1920's and extending through the1950's, NW 2nd and 3rd Avenues within Southeast Overtown area were variously referred to as "Little Broadway" or the "Harlem of the South" in reference to the entertainment venues --- popular with all segments of the Miami community --- like the Lyric Theater that lined them. It was also the portion of the City of Miami where African -American entertainers such as Nat King Cole, Count Basie and Ella Fitzgerald lodged when they were performing at the hotels on Miami Beach at which they were not allowed to stay. While staying in Southeast Overtown, they would frequently perform late at night in the area's clubs and theaters. Other prominent people of color who stayed in the area were W.E.B. DuBois, Zora Neal Hurston, Joe Louis and Jackie Robinson. However, during the 1960's, with the passage of the civil rights legislation of 1964 which made it illegal for public accommodations to discriminate based on race, and the construction of the Interstate 95/Interstate 395 interchange which split the broader Overtown area into four quadrants, the area began to decline. Beginning in the 1990's, a modest amount of new development began to appear in Southeast Overtown, with the most significant project built during that period being the Poinciana Village Condos located on NW 7th Street between NW 2nd and 3rd Avenues. However, that project was never fully completed because the blighted conditions in the area surrounding it, among other factors, discouraged its acceptance by the market. Since 2000, major projects in the Southeast Overtown portion of the original CRA area have included the construction of two major County office buildings located at 701 NW 1st Court adjacent to the 9 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 20 4.1.a Overtown Metrorail Station and the renovation and expansion of the Historic Lyric Theater. The Lyric Theater was intended to be the anchor for a cultural redevelopment initiative led by the Black Archives known as Historic Overtown Folk Life Village. In 2014, the SEOPW CRA Board authorized the issuance of a $60-million bond to be used to pay all or part of the costs of the construction and/or rehabilitation of five affordable housing projects. The five approved affordable housing bond projects were Plaza at the Lyric, which included new construction of not less than 158 affordable housing units, St. John Overtown Plaza, new construction of not less than 90 affordable housing units, Courtside Apartments, new construction of not less than 84 affordable housing units, Island Living, new construction of 70 affordable housing units, and Town Park Village and Town Park South, rehabilitation of two existing housing communities consisting of 35 buildings and 263 housing units. Island Living Another major project in the Southeast Overtown portion of the original CRA area was a new office building at the corner of NW 2nd Avenue and NW 6th Street. The CRA made the site available for development through a competitive bid process that now is the headquarters of the express railway service, Brightline. Brightline will operate along the FEC right-of-way between Miami and Orlando with intermediate stops in Downtown Ft. Lauderdale and Downtown West Palm Beach. Park West The Park West portion of the original CRA area was referred to by that name in the late 1970's because it was located to the West and directly across Biscayne Boulevard from a park that was then known as Bicentennial Park. The park was developed on the site of what had historically been the Port of Miami until that facility was moved onto Dodge Island. Today, it is known as Museum Park and is home to the Perez Art Museum and the Frost Museum of Science. Park West extends from Biscayne Boulevard to the eastern boundary of the Florida East Coast Railway right-of-way, a distance of approximately three and one-half city blocks. When the CRA was established in 1981, the Park West area was primarily comprised of industrial -type buildings that were developed there to house port -related businesses. However, by 1981, plans had already been drawn that envisioned Park West being developed as the northern extension of the City of Miami's traditional Central Business District (CBD), which is comprised of the area east of North Miami Avenue between the Miami River and NE/NW 5th Street. Office and retail space similar to that found in the CBD were proposed for the area; however, the plans for the area also included substantially greater amounts of multi -family, generally high-rise, residential units than in the traditional CBD where such development was scarce. 10 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 21 4.1.a Since the early 1980's, relatively little of the development proposed for Park West has actually materialized. Among the factors contributing to that was the fragmented patterns of ownership and the blighting influence of the truck traffic that passed through the area on the way to the Port of Miami on Dodge Island. With the assembly of a ten -block area by Miami World Center Associates for the Miami World Center project, development began to materialize in Park West. The majority of development that exists in Park West is primarily located along its edges on the west side of Biscayne Boulevard, the north side of NE 5th Street, NE 11th Street and the west side of North Miami Avenue. With respect to Biscayne Boulevard, several high-rise condominium projects have either been completed during the past five years or are currently under construction between NE 8th Street and Interstate 395. However, the only building currently existing between NE 5th Street and NE 8th Street is the historic Freedom Tower, which is owned by Miami -Dade College. Condominium projects with retail uses on their ground floors are proposed for most of the remaining vacant land. The uses along NE 5th Street include another facility of Miami -Dade College, a church, a telephone company building and a small class C office building, while the major uses along NE 11th Street besides a FPL substation and a Greyhound bus facility are bars/nightclubs that operate all-night. Two high-rise residential buildings constitute the major development along the west side of North Miami Avenue. 11 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 22 4.1.a SOUTHEAST OVERTOWN/PARK WEST BOUNDARY MAP ,to :Ott fit ono, Ott. tt ow. Woolf NW It tN FT M1N etH';r My { SEOPW NW:T1p TIN NOV 22140 TIN PM t:' St LEGEND �/; Original Boundries /,, 1985 Park N1 est Addition Q Expanded 2009 Boundries .14'N1Htt t17N9t 4 NW tr•Nttt K tt(N t[N NW ?IN AT 4 t11 1 1 Mt'.r,H et G 4 MI gin., S1 I1iH 1t �' Mt Into It MtNUN R1 y. M •wN e ,* ttr .elet+lttt Nt OH 6T 12 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 23 4.1.a 2.4 "Slum" Defined Section 163.340(7), Florida Statues, defines "slum area" as an area having physical or economic conditions conducive to disease, infant mortality, juvenile delinquency, poverty, or crime because there is a predominance of buildings or improvements, whether residential or nonresidential, which are impaired because of dilapidation, deterioration, age, or obsolescence, and exhibiting one or more of the following factors: a) Inadequate provision for ventilation, light, air, sanitation or open space; b) High density of population, compared to the population density of adjacent areas within the county or municipality, and overcrowding, as indicated by government -maintained statistics or other studies and the requirements of the Florida Building Code; or c) The existence of conditions that endanger life or property by fire or other causes. 2.5 "Blight" Defined Section 163.340(8), Florida Statues, defines "blighted area" as an area in which there are a substantial number of deteriorated or deteriorating structures, in which conditions, as indicated by government - maintained statistics or other studies, endanger life or property or are leading to economic distress; and in which two or more of the following factors are present: a) Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities. b) Aggregate assessed values of real property in the area for ad valorem tax purposes have failed to show any appreciable increase over the 5 years prior to the finding of such conditions. c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. d) Unsanitary or unsafe conditions. e) Deterioration of site or other improvements. f) Inadequate or outdated building density patterns. g) Falling lease rates per square foot of office, commercial, industrial space compared to the remainder of the county or municipality. h) Tax or special assessment delinquency exceeding the fair value of the land. i) Residential and commercial vacancy rates higher in the area than in the remainder of the county or municipality. j) Incidence of crime in the area higher than in the remainder of the county or municipality. k) Fire and emergency medical services calls to the area proportionately higher than the remainder of the county or municipality. 1) A greater number of violations of the Florida Building Code in the area than the number of recorded in the remainder of the County or municipality. m) Diversity of ownership of defective or unusual condition of title which prevent the free alienability of land within the deteriorated or hazardous area. n) Governmentally owned property with adverse environmental conditions caused by a public or private entity. o) A substantial number or percentage of properties damaged by sinkhole activity which have 13 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 24 4.1.a not been adequately repaired or stabilized. However, the term "blighted area" also means any area in which at least one of the factors identified in paragraphs (a) through (o) are present and all taxing authorities subject to Section 163.387(2) (a) agree, either by Interlocal Agreement or agreements with the agency or by resolution that the area is blighted. Such agreement or resolution must be limited to a determination that the area is blighted. 14 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 25 4.1.a Section 3: Demographic and Household, and Poverty Rate Analysis: 3.1 Population 3.2 Employment Status 3.3 Household Income 3.4 Households below Poverty Level The Study Area is represented by two very distinctive neighborhoods, Overtown and Park West. The accompanying data are comprised from Census Tract 31, 34 and 36.01 for Overtown and data from Census Tract 37.02 and 37.06 for Park West. 3.1 Population This section addresses the social characteristics of the Study Area. The data compare residents in the Study Area to residents in the City of Miami and Miami -Dade County. More specifically, it covers the following core metrics: population, employment status and households. The data reflect an alarming contrast not only when comparing the Study Area with the City of Miami and /SEOPW CRA Miami -Dade County more generally, but 002900 ( r 00280010 CENSUS TRACTS7O6 also when comparing census track data within the Study Area. According to the U.S. Census Bureau, 2012- 2016 American Community Survey ("ACS") estimates, the population for the Study Area is 12,455 persons, of which 7,738 or 62% reside in Overtown and 4,717 or 38% reside in Park West. The median age of the Study Area is 37.9 years of age, while the City of Miami is marginally higher at 38.7. Much of the population within the Study Area is generally between 25-44 years of age. This group comprises approximately 34.1% of the total population. This is marginally higher than the City, which is 31.9%. Within Park West, however, this segment of the population rises to approximately 55.2%. 003001 005202 003602 005302 003100 003400 003601 u 002703 003706 sar. E HERE e.. InfelP:A7PAentF cnq RCP, GeoBee .GN. Nndeeler Nl Ord The Study Area population is approximately 39.6% white, and 54.5% black. This contrasts with the City at 75.4% white and 19.1% black. Within the Study Area, Park West is approximately 67.2% white, while Overtown is approximately 85.2% black. While the City overall is 70.9% Hispanic, the Study Area is 39.6% Hispanic. Within Park West, 53.4% are Hispanic. (See Table 1) 15 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 26 4.1.a 3.2 Employment Status The employment rate among persons 16 and over is 91.8% within Park West. In Overtown Census Tracts 31 and 34, the employment rate decreases to 70% and 72%, respectively. Citywide, the employment rate is 90.4% compared to Miami -Dade County which is 91.4%. Unemployment within the City labor force is 9.5%; this number increases to 29.9% for Census Tract 31 and 27.2% for Census Tract 34. Both in the City of Miami and Miami -Dade County, those working full time and year-round, make up approximately 71% of persons in the workforce aged 16 to 64. Within the Study Area this percentage drops to 54. This represents a 17% differential deficit in the employed workforce of the Study Area in comparison to the City of Miami and Miami -Dade County. Regarding Occupations (16 and over), persons in Management, Business Sciences & Arts city-wide represent approximately 28.8% while in Miami -Dade County it represents 31.5%. This contrasts with persons in Overtown tract 34 at only 5.7% while Park West increases to 68% representation. Overtown Census Tracts 31 and 34 within the Study Area are plagued by low levels of educational attainment and high unemployment among both categories of men and women 16 and over. More than 55% of the working population in the Overtown Portion are employed in low wage earning and unskilled occupations, much higher than Census Tract 37.02 ("Park West Portion") and the City of Miami. In Overtown Census Tracts 31, 34 and 36.01, approximately 81.1% of persons 16 and over are employed in the services industry. This contrasts with 18.9% in Park West in comparison to the City of Miami and Miami -Dade County with 24.7% and 21% respectively. 3.3 Household Incomes In Overtown, both per -capita income and household income remain low with 65.5% or more of households earning on average $17,363 per year, a significant difference from Park West, where average median income is more than $110,475. As a result, residents have very little to no disposable income, which is a key indicator for private investment. Low incomes not only discourage outside investment in the community but prevent residents from being able to afford the long-term maintenance of their own properties. Residents' properties then fall into disrepair and contribute to the decline of the neighborhood. The median household income for the Study Area is $26,540, the City of Miami is $32,127 and Miami Dade County is $44,347 which is a stark contrast to the $110,475 average median household income for the Park West area. This represents a difference of almost 5 times that of the Overtown area. (See Appendix Table 2) 3.4 Households below Poverty Level The above provided household income data reveals a striking disparity within the Study Area and in comparison, with the City of Miami and Miami Dade County. Based on the UC Davis Center for Poverty Research, some 2016 poverty thresholds were: $12,486 for a single individual under 65, $14,507 for a household of 2 people with the householder 65 years or older with no children, $24,339 for a family 16 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 27 4.1.a of 4 with 2 children under age 18.1 This information as indicated above reflects that 65% of the households in Overtown have an average household income of $17,363 which is less than the national poverty rate for a family of 4 by 28.6%. This shows that 48.4% of the households in Overtown live in an area that remains severely economically distressed. This becomes particularly evident when one looks at the data relating to employment, unemployment and part-time employment (Table 1), household income (Table 2), age of housing stock (Table 4) and home value and rent levels (Table 5). High rates of poverty, high rates of unemployment, and very low per capita and household income have negatively impacted investment as well as housing stock in the Study Area. Based on the poverty analysis, prevailing conditions of slum exist, and as such, the extension of the life of the CRA is warranted. 1 https://poverty.ucdavis.edu/faq/what-are-poverty-thresholds-today 17 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 28 4.1.a SOCIO-ECONOMIC CHARACTERISTICS FOR CENSUS TRACTS 31; 34, 36.01, 37.02 and 37.06 CENSUS TRACT 31 generally includes the area between NW 14th Street to NW 22"d Street, from the Florida East Coast right —of-way to NW 7th Avenue; a majority of which is within the study area. Source: Table 1 EMPLOYMENT STATUS Population 16 years and over Number Percent 100 44.0 2,679 In labor force 1,179 Employed 826 70.1 Unemployed 353 29.9 Source: Table 2 HOUSEHOLD INCOME Households Number Percent Less than $10,000 394 32.2 $10,000 to $14,999 256 21.0 $15,000 to $24,999 231 18.9 $25,000 to $34,999 110 10 $35,000 to $49,999 35 2.9 $50,000 to $74,999 90 7.3 $75,000 to $99,999 64 5.2 $100,000 to $149,999 18 1.0 $150,000 to 199,999 0 0 $200,000 or more 19 1.5 Average Median household income $21,879 Source: Table 2 POVERTY STATUS (Households) Below poverty level Number 639 Percent 52.5 Source: Table 3 OCCUPANCY STATUS Number Percent Total housing units 1,373 100 Occupied housing units 1,217 88.6 Vacant housing units 156 11.4 VACANCY STATUS Vacant housing units For rent 98 63 For sale only 0 0 Rented or sold, not occupied 0 0 For seasonal, recreational, or occasional use 0 0 For migratory workers Other vacant 58 37 TENURE Occupied housing units Owner -occupied 213 17.5 Renter -occupied 1,004 82.5 Source: US Census Bureau, 2012-2106, American Community Survey 5-year estimate. 18 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 29 4.1.a CENSUS TRACT 34 includes the area between NW 5t6 Street and NW 14th Street, and from the Florida East Coast right-of-way to NW 5th Avenue. It also includes the area from NW 11th Street to NW 14th Street between NW 5th Avenue and NW 7th Avenue. Nearly all of Census Tract 34 is within the study area. Source: Table 1 EMPLOYMENT STATUS Number Percent Population 16 years and over 1,559 100 In labor force 858 55 Employed 557 64.9 Unemployed 301 34.1 Source: Table 2 HOUSEHOLD INCOME Number Percent Households Less than $10,000 210 23.8 $10,000 to $14,999 190 21.5 $15,000 to 524,999 185 20.9 $25,000 to $34,999 123 13.9 $35,000 to $49,999 86 10 $50,000 to $74,999 65 7.3 $75,000 to $99,999 22 2.5 $100,000 to $149,999 0 0 $150,000 to 199,999 0 0 $200,000 or more 0 0 Average Median household income $18,315 Source: Table 2 POVERTY STATUS (Households) LBelow poverty level Number 386 Percent 43.9 Source: Table 3 OCCUPANCY STATUS Number Percent Total housing units 1,183 100 Occupied 881 74.5 Vacant 302 25.5 VACANCY STATUS Vacant housing units For rent 204 67.5 For sale only 0 0 Rented or sold, not occupied 0 0 For seasonal, recreational, or occasional use 20 6.7 For migratory workers 0 0 Other vacant 78 25.8 TENURE Occupied housing units Owner -occupied 66 7.5 Renter -occupied 815 92.5 Source: US Census Bureau, 2012-2106, American Community Survey 5-year estimate. 19 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 30 4.1.a CENSUS TRACT 36.01 includes the southwestern portion of the Study Area from NW 5'' Street to NW 11th Street between NW 5`h Avenue and NW 7th Avenue. Source: Table 1 EMPLOYMENT STATUS Population 16 years and over Number 1,793 Percent 100 In labor force 1,142 63.7 Employed 899 78.7 Unemployed 243 21.3 Source: Table 2 I HOUSEHOLD INCOME Number Percent Households Less than $10,000 181 21.5 $10,000 to $14,999 130 15.5 $15,000 to $24,999 175 20.8 $25,000 to $34,999 116 13.9 $35,000 to $49,999 109 12.9 $50,000 to $74,999 74 8.6 $75,000 to $99,999 24 2.9 $100,000 to $149,999 31 3.9 $150,000 to 199,999 0 0 $200,000 or more 0 0 Average Median household income $20,216 Source: Table 2 POVERTY STATUS Below poverty level Number Percent Source: Table 3 349 41.5 OCCUPANCY STATUS Number Percent Total housing units 992 100 Occupied 840 84.7 Vacant 152 15.3 VACANCY STATUS Vacant housing units For rent 35 23 For sale only 0 0 Rented or sold, not occupied 18 11.8 For seasonal, recreational, or occasional use 21 13.8 For migratory workers 0 0 Other vacant 78 51.3 TENURE Occupied housing units Owner -occupied 135 16.1 Renter -occupied 705 83.9 Source: US Census Bureau, 2012-2106, American Community Survey 5-year estimate. 20 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 31 4.1.a CENSUS TRACT 37.02 includes the eastern portion of the Study Area from the Florida East Coast right-of- way to Biscayne Blvd., and from NE/NW 7th Street to Interstate 395. Source: Table 1 EMPLOYMENT STATUS Number Percent Population 16 years and over 2,959 100 In labor force 2,033 68.7 Employed 1,867 91.8 Unemployed 166 8.2 Source: Table 2 HOUSEHOLD INCOME Number Percent Households Less than $10,000 145 9.4 $10,000 to $14,999 50 3.3 $15,000 to $24,999 24 1.6 $25,000 to $34,999 123 8 $35,000 to $49,999 176 11.4 $50,000 to $74,999 279 18.1 $75,000 to $99,999 196 12.7 $100,000 to $149,999 146 9.5 $150,000 to 199,999 92 6 $200,000 or more 277 18 Average Median household income $110,475 Source: Table 2 POVERTY STATUS Below poverty level Number 165 Percent 11 Source: Table 3 OCCUPANCY STATUS Number Percent 100 Total housing units 2,326 Occupied 1,547 66.5 Vacant 779 33.5 VACANCY STATUS Vacant housing units 779 33.5 For rent 165 21.2 For sale only 0 0 Rented or sold, not occupied 0 0 For seasonal, recreational, or occasional use 552 70.8 For migratory workers 0 0 Other vacant 62 8 TENURE Occupied housing units Owner -occupied 464 30 Renter -occupied 1,083 70 Source: US Census Bureau, 2012-2106, American Community Survey 5-year estimate. 21 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 32 4.1.a CENSUS TRACT 37.06 includes the southeastern portion of the Study Area from NE/NW 7th Street south to NW 151 Street and NE 5`h Street, and from the Florida East Coast right-of-way to N. Miami Avenue (south of NW 5th Street) and to Biscayne Blvd. (north of NE 5th Street). Source: Table 1 EMPLOYMENT STATUS Number Percent 100 0 Population 16 years and over Employed 1,356 0 Unemployed Source: Table 2 INCOME IN 1999 Number Percent Households Less than $10,000 0 0 $10,000 to $14,999 0 0 $15,000 to $24,999 0 0 $25,000 to $34,999 0 0 $35,000 to $49,999 0 0 $50,000 to $74,999 0 0 $75,000 to $99,999 0 0 $100,000 to $149,999 0 0 $150,000 to 199,999 0 0 $200,000 or more 0 0 Average Median household income 0 0 Source: Table 2 POVERTY STATUS Number Percent Percent below poverty level 0 0 Source: Table 3 OCCUPANCY STATUS Number Percent Total housing units 16 100 Owner -occupied 0 0 Renter -occupied 0 0 Vacant 16 100 VACANCY STATUS Vacant housing units For rent 16 100 For sale only 0 0 Rented or sold, not occupied 0 0 For seasonal, recreational, or occasional use 0 0 Source: US Census Bureau, 2012-2106, American Community Survey 5-year estimate. 22 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 33 4.1.a Section 4. Reasons for the Extension: 4.1 Prevailing Poverty and Unemployment 4.2 Disadvantage Housing Conditions 4.3 Public Safety (Higher Crime and Health Disparities) 4.4 Predominance of Defective Streets and Sidewalks 4.5 Faulty Lots Layout 4.6 Vacant and Abandoned Buildings The reasons for the extension are two -fold. Firstly, there is a desire and a need to undertake three major community redevelopment projects, specifically public housing, cultural and entertainment, and transportation, in furtherance of the findings and declarations under the Community Redevelopment Act of 1969. Secondly, and more significant to this Assessment, there exist slum and blighted areas in the Study Area. The existence of such slum and blight, particularly in Overtown, contributes substantially and increasingly to poverty, disadvantaged housing conditions, higher rates of crime, and the spread of disease. This Assessment presents conclusive data and analysis that the following conditions of slum and blight will continue to exist within the Study Area if aggressive actions to mitigate these conditions are not undertaken. aka ea ,,..3mm1111, AIM IN IP.1.: tilt 441- i1- eu ueii`a��11�I1�• 4.1 Unemployment and Poverty: The Study Area is plagued by a high percentage of households living in poverty and with high unemployment among both categories of men and women 16 and over. Data comparing the percentage of households living below the poverty level shows 35.3% in the Study Area, compared to 28.6% in the City of Miami and 20.5% in Miami -Dade County. 4.2. Disadvantaged Housing Conditions: The Overtown Study Area is predominately a multifamily, rental community. Data comparing the total renter -occupied households at 80.4% in the Study Area, compared to 69.2% in the City of Miami and 47.4 in Miami -Dade County. In the City of Miami, 30.8% of housing units are owner -occupied compared with Miami -Dade at 52.6%; both significantly higher than Overtown at 19.6%. The Park 23 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 34 4.1.a West area ownership is 52.8%. Rental housing tends to be smaller units and thus, the housing is more likely to be crowded when compared to owner -occupied housing. Households have a larger number of children and other relatives living in them. They are more likely to be headed by a single female. Housing in the Overtown Study Area are clearly characterized as disadvantaged housing conditions. 4.3 Public Safety (Higher Crime and Health Disparities) Crime remains a significant challenge to revitalization in the Study Area as both a cause and consequence of the slum and blight conditions. The illegal sale and use of narcotics and firearms, homicides, burglaries, robberies, auto theft, and other criminal activity remain ongoing issues that law enforcement agencies are struggling to prevent. The physical conditions of the Study Area are favorable for the commission of criminal activities. There is an abundance of vacant lots and structures that are accessible to being used as location for illicit activities (i.e., illegal drug transactions and usage, public intoxication, human trafficking and prostitution.) 24 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 35 4.1.a 4.4. Predominance of Defective Streets and Sidewalks: Overtown is one of the oldest neighborhoods in Miami and before the area was divided by two major highways, it was a thriving community. Thousands were forced out of their homes in the 1960's to make room for Interstate 95 and later, Interstate 395. While the development of the interstate highways was vital to regional access and mobility, the effects on the Overtown neighborhood were detrimental. The result was to create barriers within the community. Some streets are completely cut short, ending in tall 25 0 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 36 4.1.a dead -ends and walls; while others are cut-off from the neighborhood by dark, uninviting tunnels under the elevated highway. 4.5. Faulty Lots Layouts: Additionally, in several locations, mainly underneath interstate highways 95 and 395, there exist vacant lots that pose safety and health issues. These identified locations have become habitats for the illegal drug trades and homelessness encampments. The result has been the creation of super blocks which are uninviting and not conducive to pedestrian mobility or dis-connected streets that force vehicles and pedestrians to circumnavigate the blocks to reach their destination. These super - blocks create health and safety concerns, foster criminal activity and are a burden on law enforcement. Several of these locations are fenced off or blocked by highways, rail lines and the Metrorail. 26 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 37 4.1.a 4.6 Vacant and Abandoned Buildings: Data comparing the percentage of total vacant housing units shows, 23.9% in the Study Area, compared to 16.8% in the City of Miami and 15% in Miami -Dade County. There are 488 vacant and abandoned and/or boarded -up buildings in the target area as of April 30, 2017, as reflected in the Property and Characteristics Report (See Appendix 2), which is an 8.4% increase in the number of buildings since last reported. Vacant and boarded -up buildings or abandoned buildings are the first signs of physical blight and disinvestment in a community. These buildings are considered a hazard because of the lack of sustained maintenance and therefore, have become structurally unsafe. The overwhelming amount of locations that foster criminal activity, combined with the low socio- economic indicators present, results in a greater degree of criminal activity in the Study Area, compared to other parts of the city. Many factors have contributed to the deterioration of the Study Area, however, public safety rates remain a high concern. Crime in all forms is abundant in the area, but mainly localized crimes such as illicit sales of narcotics, illegal use of firearms, burglaries, robberies and automobile thefts, have continued to rise and pose the greatest challenge for law enforcement patrolling the Study Area. Transient crimes, such as traffic violations, DUI and arrests based on warrants have also plagued the Study Area. The myriad of environmental conditions that have been conducive to criminal activities such as vacant lots, vacant buildings and dimly lit streets, has provided a haven for the illicit drug activity that has continued to beset the Study Area. 27 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 38 4.1.a Section 5: Current Conditions of Slum in the Study Area: 5.1 Higher Unemployment Population 5.2 Prevailing Poverty 5.3 Disadvantaged Housing and Neighborhood Conditions 5.4 Higher Crime 5.5 Public Health Disparities 5.1 Higher Unemployment Population Unemployment in the Study Area is 20.4%, while unemployment in the City of Miami is 9.5% and 8.5% for Miami -Dade County. The Study Area is plagued by low levels of educational attainment as indicated by the rate of education achieved by persons 25 and over with a high school degree or less. Persons with a high school degree or less in the Study Area represent 52.6% of the residents compared to the City of Miami at 55.9% and Miami -Dade County at 47.7%. In this instance, although the Study Area reflects a comparable outcome with the City of Miami, it speaks to the challenges both have with low levels of educational attainment. A closer look reveals that Overtown, in fact, has 70.2% of their residents with less than a high school education compared to the Park West area that has 29.7% with less than a high school degree. 5.2 Prevailing Poverty The accompanying data reveals significant disparities in poverty rates between the Study Area, the City of Miami and Miami -Dade County. Even when comparing the City of Miami, which itself is economically challenged relative to most major American cities, the Study Area, especially north of SR836 and I-395, is economically distressed. To provide perspective, the latest figures from the United States Census Bureau have determined that the national poverty threshold for 2 adults and 2 children is $24, 858. Therefore, 48.4% of household residents in the Study Area are living below the poverty level. In comparison, 40.9% of the residents of the City of Miami are living below poverty level, while 29.9% of the households in Miami -Dade County are living below the poverty level. There is great disparity within the Study Area itself as 90% of the residents in Overtown are living below the poverty level, while only 10% of the residents in the Park West area live below the poverty level. 5.3 Disadvantaged Housing and Neighborhood Conditions Miami -Dade County has one of the least affordable housing markets in the nation. People are considered "cost -burdened' by housing when more than 30 percent of income goes toward a place to live. By that measure, Miami -Dade County has the third most cost -burdened housing market in the country, behind two counties in the New York area (See chart below). In Miami -Dade County, 51 percent of households are considered cost -burdened as evidenced in the chart below. The problem is much larger among renters (62 percent cost -burdened) than among owners (43 percent). 28 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 39 4.1.a Nation's Least Affordable Housing Markets, 2014 Percentage of households paying 30 percent or more of annual income toward housing Total number of Rank Market cost -burdened households 1 Bronx County, NY 262,312 2 Passaic County, NJ 83,542 3 Miami -Dade County, FL I= 427,758 4 Franklin City, VA 1,820 5 Dukes County, MA 2,951 6 Kings County, NY 465,164 7 Los Angeles County. CA 8 Essex County. NJ 9 Monroe County, FL 10 Queens County, NY 11 Atlantic County, Ni 12 Santa Cruz County, CA 13 Lake County, CA 14 Norfolk City, VA 15 Broward County, FL 1 616 829 1138,101 113,901 379,081 148.496 144,774 12,650 140,469 ME 311,972 Source US Census bureau. 7010.1014 American Comnwntty Survey Percentage of cost -burdened households 54.6% 111101111 51.5% 51.3% 50.8% 50.5% 50.3% 49.9% 49.7% 48.9% 48.6% 47.9% 47.5% 47.3% 46.8% 46.7% MARCO RUIZ mrullernia vhea.M cam The Overtown portion of the Study Area is one of the top distressed neighborhoods in Miami -Dade County, as calculated by the FIU Metropolitan Center, based on dozens of economic indicators for census tract data as evidenced in the chart below: .4Kd'+'Fa4liff6N&siy3INC.7 Distressed Neighborhoods in Miami -Dade This chart summarizes a 'Neighborhood Distress Index' created by the FIU Metropolitan Center for Its recent report on prosperity in Miami -Dade County. The center analyzed dozens of economic indicators for 519 Census tracts. and used that to score Miami Dade's 14 most distressed neighborhoods. The lower the score, the more distressed the neighborhood. Share of Distress Neighborhood poverty • Population in Poverty 1 POptstion Index Score Gladeview 45% _ 11.510 39 Brownsville 43% - 36.974 42 Allapattah 36% 36.260 66 Florida City 39% 38.794 66 Little Haiti 37% 48.548 73 Homestead _ 33% 30,827 74 Norland 21% M 10531 90 West Grove 27% 1b11f 94 Little Havana 43% 34.334 95 North Miami 31% 36.398 97 Golden Glades 32% 39,638 97 Overtown 42% 14.071 107 Cutler Ridge 23%ii- 36,494 107 South Miami 9% r 21.279 146 Sow". (lU Metropoldan Center MARCO RU17 mrtaaaemMrnWrrald corn Miami -Dade e:ounry has one of the kart affo.dahk housing markets in the nationpeapk are cvvlde.cd "cost -burdened' bf Potpie when mart than 30 percent of income goes toward a place to lise. By that measure, Miami•Dade ha. the thud most at -burdened housing market in the country, behind two counties an die New York area In Mumt-Dade, S I percent of households are considered rot -burdened. The problem is much larger among renters (62 percent cost -burdened) than among owtwn (.3 percent). The hip //www n amiherald.com/news/Iucai/communiiy/m)ami-dede/arllcle79670752 him! development pattern of the residential areas within the Study Area and Overtown is a mixture of apartments, rooming houses, town -homes and some single-family homes, all of which are primarily 29 Packet Pg. 40 4.1.a occupied by very low and low-income families. These housing types are considered 'behind the time' in comparison to the surrounding Downtown Miami, Brickell Business District, and the Medical/Healthcare District areas. More recently, a variety of affordable rental developments have come online. Some would say that within the Study Area, Overtown is starting to show signs of having a skyline. The development potential for many of the residential properties in the Study Area is beginning to be realized. The total number of households in the Study Area is 4,485 compared to 162,378 in the City of Miami and 853,624 in Miami -Dade County. In analyzing the total number of households compared in their respective areas, 19.6% of the households in the SEOPW CRA are owner -occupied in contrast to 30.8% of the households in the City of Miami and 52.6% that are owner -occupied in Miami -Dade County. As the national rate of homeownership/owner-occupied household stands at 62.9% according to the U.S. Census, we see a stark difference within the Study Area to the national homeownership rate and in comparison, to both the City of Miami and Miami -Dade County. The rate of homeownership/owner-occupied households is usually a financial barometer of the economic vitality of a community. "If a relatively high level of home -ownership is indeed an important factor in fostering neighborhood stability, a different phenomenon -a growing number of single family homes purchased by absentee investors - should be a source of considerable concern for those who care about middle neighborhood." "While maintaining a high homeownership rate, may be a desirable public policy, policies that focus on homeownership and fail to address both the importance of a sound rental housing stock and 30 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 41 4.1.a engaging renters fully in their communities are as unbalanced as strategies that ignore homeownership entirely." 2 5.4 Higher Crime The current Direct Arrest report for the period 2016-17 indicates that over a 12-month period of analysis there were 4,095 calls for service, which is 100% greater than the results reported in the last FON analysis at 2,000 calls. Calls for service are generally defined as a call from the public to the police dispatcher instructing police in the field to respond to the location given by a caller. Many factors have contributed to the deterioration of the Study Area, however, public safety rates remain a high concern. Crime in all forms is abundant in the area, but mainly localized crimes such as illicit sales of narcotics, illegal use of firearms, burglaries, robberies and automobile thefts have continued to rise and pose the greatest challenge for law enforcement patrolling the Study Area. Transient crimes, such as traffic violations, DUI and arrests based on warrants have also plagued the Study Area. The myriad of environmental conditions that have been conducive to criminal activities such as vacant lots, vacant buildings and dimly lit streets, has provided a haven for the illicit drug activity that has continued to beset the Study Area. Due to the large presence of criminal activity, many property owners within the Study Area have undertaken measures to secure their buildings and structures. Commercial storefronts and doors are equipped with burglar bars, storm shelters, or have been cemented up with concrete block to prevent illegal entry. Many walls and rooflines have barb wire protruding from the edges. While these methods of protection are seen as a necessity by the owners of these buildings and structures, the image it portrays contributes to the decline of the community. Real Estate Industry Assessment of Crime in Overtown 2 Federal Reserve Bank of San Francisco "Home Ownership and Stability of Middle Neighborhoods", Mallach, A. The Center for Community Progress Year 2015 31 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 42 4.1.a Crime data in Overtown is assessed and reported by the real estate industry to potential home buyers, investors and institutions and used to make decisions that impact investment, home ownership, business development in the Overtown neighborhood. The chart reflects most recent reporting: Reported Annual Crime In Overtown Statistic Overtown 1100k people Miami nook people Florida 1100k people National 1100k people Total crime 7,489 iestimateS 5,389 3,275 2,860 Statistic Overtown 110011t people Miami Rorida National 1100k people 1100k people 1100k people Murde' nfa 17.1 Rape nha 183 5.1 373 4.9 38.6 Robbery nla 383.8 1043 101.9 Assault n/a 602.1 315.2_37.8 Violent crime 1,419iestimatel 1,021 462 373 Burglary Theft Veh cle :heft nia nia nta 709.9 539.0 491.4 3,132.9 2,073.6 1,775.4 524.7 200.6 220.2 Property crime 6,070 iestimate) 4,367 2,813 2,487 5.5 Public Health Disparities The economic decline has had significant impact on the health outcomes of the people in the Study Area. According to the Center for Disease Control, social determinants of health, or the "conditions in the places where people live, learn, work, and play affect a wide range of health risks and outcomes". (CDC, 2017) 3 Factors like socioeconomic status, education, the physical environment, employment, and social support networks, as well as access to health care, impact people's ability to thrive. "Social, environmental and behavioral factors account for about 60% of the determinants of health with genetics and healthcare factors representing 20% each as reported by Elizabeth Bradley of Yale School of Public Health.4 Based on a meta -analysis of nearly 50 studies, researchers found that social factors, including education, racial segregation, social supports, and poverty accounted for over a third of total deaths in the United States in a year. 3 Social Determinants of Health: Know What Affects Health. (n.d.). Retrieved April 22, 2017, from https://www.cdc.gov/socialdeterminants/index.htm 4 Taylor, Lauren A., Annabel Xulin Tan, Caitlin E. Coyle, Chima Ndumele, Erika Rogan, Maureen Canavan, Leslie A. Curry, and Elizabeth H. Bradley. 2016. "Leveraging the Social Determinants of Health: What Works?" PLoS ONE 11 (8): e0160217.doi:10.1371/journal.pone.0160217.http://dx.doi.org/10.1371/journal.pone.0160217. 32 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 43 4.1.a The overall health condition of Overtown residents reflects high incidence of chronic diseases, infant mortality rates, lower life expectancy, acute rates of HIV/Aids, drug abuse and significant mental health issues impacting the quality of life of the residents in the 33136-zip code. Most recently, an article in the Miami Herald reported Overtown as a "hot zone" and "deadliest zip code" for heroin overdoses of mostly white young men.5 (a) Chronic Diseases Overtown experiences high incidence of Chronic Diseases. The 2016 Miami -Dade County Infant Mortality Analysis also reports that Overtown has the highest reported HIV Rate by Zip Code in Miami -Dade County. On the Diabetes front, according to Dr. John G. Ryan, director of the Jefferson Reaves, Sr. Health Center, "Overtown residents suffer from a disproportionately high rate of Type 2 diabetes, placing them at greater risk of developing obesity -related chronic illnesses such as heart disease and high blood pressure, as reported in the United Health Foundation Corporate Social Responsibility Report.6 Overtown is near the University of Miami medical campus and Jackson Memorial Hospital, both located just west of I-95 and adjacent to several public housing and low income Overtown neighborhoods. The Jefferson Reaves Health Center, part of the Jackson Health System, is the one health care facility in the area. Highest Reported HIV Rate by Zip Code Miami -Dade County, 2014 33161 74.9 33056 79.4 33130 81.1 33141 82.7 33127 86.2 33142 87.4 . 33131 88.4 u 33150 90.4 N 33147 101.1 33181 106.3 33128 118.9 33138 128.7 33137 156.6 33139 33136 0 207.8 100 200 300 Rate per 100,000 population 339.3 400 Present health disparities and health risks continue to call for improvements to the health delivery of services to Overtown residents and correlate with the previous Finding of Necessity in 2009. A 2015 Community Profile developed by The Jay Weiss Institute, the Sylvester Comprehensive Cancer Center and University of Miami presents cancer data for Overtown reflecting that of 6 types of cancers studied, Overtown was highest in diagnosis and late stage for all but one.7 (b) Infant Mortality 5 http://www.miamiherald.com/news/local/crime/article119381548.html 6 http://www.unitedheaIthgroup.com/2012-social-responsibility-report/giving-in-action.aspx 7 http://sylvester.org/documents/Overtown.pdf 33 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 44 4.1.a Infant mortality is a key indicator that reflects the health of a nation, due to its association with a variety of factors such as maternal health, quality and access to medical care, socioeconomic conditions and public health practices. 8 In June 2016, The Florida Department of Health in Miami -Dade County conducted a County Infant Mortality Analysis to review infant mortality rates, to examine select maternal and infant health factors and to assess social determinants of health. The study reflected that neighborhoods with 5-Year Infant Mortality Rate by Neighborhood Miami -Dade County, 2010-2014 Group I Group K Group A S Group M 2 Group E 4.34 l7 B Group B - 3.96 t Group l 3.62 • Group N 3.22 m Group H 3.04 2 Group C 2.66 Group F 2.58 Group G 2.5 Group D 2.5 6.14 6.08 7.58 8.92 0 I Rate per 1,000 Live Births Infant Mortality Rate Highest Neighborhood Rates: • Group I: Downtown/East Little Havana /Liberty City/Little Haiti/Overtown • Group K: Opa-Locka/Miami Gardens /Westview • Group A: South Dade/Homestead • Group M: North Miami/North Miami Beach • Group E: Brownsville/Coral Gables /Coconut Grove • Group B: Kendall increasing social disadvantage correlated with areas with high infant mortality rates. Overtown's cluster (Group I) has the highest incident for the county. While indicators have been improving in the past 10 years, African Americans still maintain the highest rates in infant mortality in the county.9 (c) Life Expectancy Life Expectancy: Another indicator that measures overall quality of life and is affected by the existing social and environmental conditions is life expectancy. Overtown's indicator places life expectancy at 71 years of age, 15 years less than the highest expectancy of neighboring zip code 33132 at 86 years of age, according to the Virginia Commonwealth University's Center for Society and Health. 10 Life expectancy at Birth in the 33136-zip code is 71 years, the lowest life expectancy of 80 zip codes of the Miami area. 8 http://healthymiamidade.org/wp-content/themes/poptheme/links/CM/County%201nfant%20Mortality%20Analysis.pdf 9 http://heaIthymiamidade.org/wp-content/themes/poptheme/links/CM/Sappenfield%20Presentation.pdf 10 http://www.societyhealth.vcu.edu/work/the-projects/mapsmia mi. html 34 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 45 4.1.a Age Groups c1 Year 1 to 4 Years 5 to9Years 10 to 14 Ye 15 to 19 Ye 20 to 24 Ye 25 to29Y 30 to 34 Ye 35 to39 Ye 40to44Y 45 to 49Y 50 to 54 Ye 55 to 59 YearS • 60 to 64 Years 65 to 69 Years 70 to 74 Ye 75 to 79 Ye _ 80 to 84 Ye 85 Years and . Chiang CL The life table and its construction. In: Introduction to stochastic processes in biostatistics. New York: John Wiley & Sons; 1968: 189-214. The following table contains the life expectancy values for all the Miami area zip codes that were part of this project. The final life �. ctancv map was based on the values in this table: Life Expectancy Zip Code at Birth Lp Code Life Expectancy taxied) at Birth lcontdl Zip Code Lire Expectancy Icont'd) or Birth (coned) Li, Code Life Ex ectoncy koned) otBeth koetd) 33010 80 33125 80 33012 82 33126 82 33013 81 33127 73 33014 82 33128 76 33015 83 33129 84 33016 82 33130 81 33018 82 33131 86 33030 76 33132 86 33031 80 33133 82 33032 77 33134 83 33033 79 33135 81 33034 76 33136 71 33035 81 33137 77 33039 ID 33138 80 33054 73 33139 81 33055 78 33140 85 33056 75 33141 83 33101 ID 33142 73 33109 80 33143 83 33122 ID 33144 83 33145 81 33146 ID 33147 72 33149 87 33150 75 33154 86 33155 81 33156 84 33157 78 33158 84 33160 83 33161 76 33162 80 33165 82 33166 81 33167 75 33168 78 33169 77 33170 72 33172 84 33173 82 33174 83 33175 81 33176 81 33177 80 33178 84 33179 62 33180 85 33181 82 33182 83 33183 83 33184 82 33185 83 33186 83 33187 81 33189 80 33190 82 33193 83 33194 ID 33196 83 IO - insu(1Icrent outc In summary, Overtown has the highest infant mortality rate and the lowest life expectancy. Significant and integrated action must be taken to mitigate these outcomes. (d) Social/Economic Conditions Influences on Health Disparities: Overtown has significant health and socioeconomic disparities to address. Historically, Overtown has been subjected to some debilitating conditions that have had direct impact on all health and well- being. The median family income is much lower than for the county overall. Half the residents are below the poverty level, and unemployment is very high (28%). Employment Income Expenses Debt Medical Bills Support Health coverage Provider Availability Provider Linguistic and Cultural Competency Quality of Care Social Integration Support Systems Community Engagement Health Care System Stability Neighborhood and Physical Environment Social Determinants of Health Community and Social Context Housing Transportation Safety Parks Playgrounds Walkability Education Literacy Language Early Childhood Education Vocational Training Education Hunger Access to healthy options 11 11 http://kff.org/disparities-policy/issue-brief/beyond-health-care-the-role-of-social-determinants-in-promoting-health-and- health-equity/ 35 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 46 4.1.a (e) Disadvantaged Housing Conditions Influences on Health Disparities: The evidence presented of the continued existence of slum and blight, correlated with the presence of significantly poor health indicators in Overtown, confirms the need for intentional and strategic action. This action needs to address the detrimental impact of substandard housing on the quality of life and health of Overtown residents within the Study Area. Poor housing conditions are associated with a wide range of health conditions, including respiratory infections, asthma, lead poisoning, injuries, and poor mental health. The inter -connected aspects of housing affordability, neighborhood conditions, and conditions in the home indeed impact health outcomes. The urgency of extending the life of the CRA is significant in addressing the health disparities in the Study Area. The SEOPW CRA redevelopment plan targets the social determinants of health and existing health disparities for the future of current and new Overtown residents. The Agency has made investments and funded programs that directly impact these areas that improve health outcomes. As with the United Health Foundation, the indicators reflect a need for increased community partnerships aligned around health improvement strategies. Conclusion: Opportunities to be healthy in the Overtown neighborhood must be improved. 36 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 47 4.1.a Section 6: Current Conditions of Blight in the Study Area: 6.1 Predominance of Defective Streets 6.2 Unsafe Sidewalks and Bicycle Networks 6.3 Faulty Lots Layout 6.4 Vacant lots 6.5 Abandoned Buildings and Unsafe Structures 6.6 Property Violation 6.7. Site Deterioration 6.8 Unsanitary and Unsafe Conditions due to Environmental Contamination Overtown is one of the oldest neighborhoods in Miami and until the area was divided by two major highways, it was a thriving community. Thousands were forced out of their homes in the 1960's to make room for Interstate 95 and later, Interstate 395. In 1965, homes were razed to make room for the highway. Renowned theaters and popular night clubs dotted Northwest Second and Third Avenues, known as the Harlem of the South. The construction of I-95 resulted in businesses being closed and families having to move to other areas of Miami. Many relocated to Richmond Heights, Brownsville, Allapattah, Liberty City, and parts of North Dade. Miami was not alone experiencing massive highway development in the center of its downtown core. In the 1950's and 1960's local politicians saw urban freeways as a way of bringing suburban commuters into the city. However, an unmistakable part of the equation was the federally supported program of urban renewal; highway construction was a tool for justifying the destruction of lower -income urban communities. Across the country new freeways were isolating many neighborhoods, ushering in their demise, pockmarked with fragmented neighborhoods and highways. Most people with the means moved to the suburbs, siphoning money away from the city's tax base. In a recent study by Brown University,12 it was found that a major highway through a city reduces that city's population by 18 percent. The highways removed an estimated forty-two acres of the residential homes and flourishing businesses that were the heart of the community. A substantial number of businesses were closed, and empty buildings were left behind while the rest of the community experienced an economic shock. leaving cities 12 Baum -Snow, N. (n.d.). Did highways cause suburbanization? Retrieved June 8, 2017, from https://docs.google.com/viewer?a=v&pid=sites&srcid=ZGVmYXVsdGRvbWFpbnxiYXVtc25vd3xneDozNjU3NmMwMjc00TE3ZDl 37 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 48 4.1.a 6.1 Predominance of Defective Street Layouts Overtown history played a major role in the development and layout of the streets. In the Study Area, the layout of the streets and lots reflects the early years of segregation where city blocks were closely subdivided to accommodate the housing needs of a people who were confined to living in a specific area of the City of Miami. While the development of the interstate highways was vital to regional access and mobility, the effects on the Overtown neighborhood were significant. The result was to create barriers within the community. Some streets are completely cut short, ending in tall dead -ends and walls. Others are cut-off from the neighborhood by dark, uninviting tunnels under the elevated highway. Additionally, in several locations, streets have been eliminated and the network has been severely broken. The result has been the creation of super - blocks which are uninviting and not conducive to pedestrian mobility or dis-connected streets that force vehicles and pedestrians to circumnavigate the blocks to reach their destination. Super -blocks 38 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 49 4.1.a create an unnecessary waste of time for pedestrians and vehicles alike. Various locations within the area are fenced off or blocked by highways, rail lines and the Metrorail. In contrast to the city blocks in other areas of the City of Miami, a city block in the Study Area consisted of numerous individual lots, as many as 36-40 lots per block. The number of lot owners posed a major challenge to redevelopment as land acquisition can involve multiple owners on one block. The images above reflect how the interstate and the railway disrupted the grid on NW 9th Street. This east -west roadway is broken at several locations: NE 6th Avenue; NW 4th Avenue; and NW 2nd Avenue. The dis-connectivity of NW 9th Street forces the majority of through traffic to NW/NE 8th Street, which is one of four uninterrupted roadways connecting the area from east to west on the south side of I-395. In addition to creating more traffic on parallel roads, the dis-connectivity of NW 9th Street creates longer travel time and distance to the community destinations along this road, including the historic Lyric Theater (parking lot), Mt. Zion Baptist Church, Bicentennial Park and Henry Reeves Park. Additionally, these images reflect how the interchange between I-95 and I-395 had a tremendous interrupting effect on the neighborhood. The north -south through streets are broken for a distance 0.5 mile between NW 7th Avenue and NW 3rd Avenue. The east -west streets are dis-connected for 0.25 miles between NW 17th Street and NW 14th Street and again between NW 14th Street and NW 11th Street. The high school in this neighborhood has limited access due to the location of I-95 blocking all access from the east; while the elementary school, library, park and youth center are also limited by I-95 blocking access from the west. By disconnecting and breaking up a street grid, the effect on the transportation system is to overload through -streets with additional traffic and create a limited number of streets where transit routes can function efficiently. This is the result of the impact from the significant transportation infrastructure that was developed in Overtown in the 1960's. While there have been significant improvements in the Study Area, there is still evidence of building dilapidation, structural neglect, vacant properties, deteriorated public streets and rights -of -way. There is evidence of broken, cracked and uneven sidewalks; swale areas in need of repair; roadways in need of major repair and restriping; damaged structural features, such as broken steps, walkways, and entryways; damaged and dilapidated fencing; non -operating vehicles that visible from the public rights -of -way; and overgrown lots and unkempt properties. These conditions create an unsafe environment for pedestrians and motorists while presenting an adverse effect on private investment in the area. 39 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 50 4.1.a 6.2 Unsafe Sidewalks and Bicycle Networks Most of the roadways in the area have sidewalks and there are a few roads with bike facilities. The sidewalks are deteriorated and in need of repair in some cases. Some flooding and standing water also exist as a barrier to pedestrian mobility. Several major intersections need curb extensions to reduce the crossing distance, providing safer intersections. Other intersections are lacking basic pedestrian facilities such as pedestrian signalization (including countdown), curb ramps, "stop for pedestrian" signage, and crosswalks. Where facilities exist, there is deterioration and fading of pavement markings along the corridors. The pedestrian network includes providing adequate and safe access to transit stops, particularly at high use locations. Sidewalks should be provided from the edge of the road and connect to bus stop or shelter sidewalks. Crosswalks should also be prominent and should complete the connection. Pedestrian and bicycle related crash data shows that crashes are concentrated along the major corridors especially along NW 7th Avenue, NW 2nd Avenue and at the intersection of NW 14th Street and NW 3rd Avenue. Speeding on high volume through streets is also an issue for pedestrian mobility. There are several one-way streets that are designed to move high volumes of vehicles, resulting in higher speeds. The area would benefit from the use of traffic calming techniques such as speed tables at intersections and speed feedback signs. Facilities for the disabled and impaired mobility are also lacking. These include curb ramps and detectable warning surfaces at crossings. The Americans with Disability Act (ADA) requires that public areas accommodate individuals with disabilities. Additionally, these facilities are also important for those with shopping carts or baby strollers. There are many streets within the area that discourage walking and biking through the environmental appeal. Blighted 40 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 51 4.1.a areas, almost by definition lack an enjoyable atmosphere conducive of walking for exercise and pleasure. Pleasant urban landscaping is lacking and non-existent in areas. There is also a lack of tree cover to provide shaded pedestrian areas, which is particularly important in the tropical climate of South Florida. The area is also lacking bike -friendly railroad crossings. These can be an impairment for bike connectivity because of the potential for a bicycles front tire to get caught as it crosses the tracks. This is particularly a problem at North Miami Avenue and NW 19th Street where the crossing is at an angle. Pedestrians crossing the FEC rails is also an issue in the area. 6.3 Faulty Lots There are other factors that may impact the land use policies in the Study Area. Defective lot layout has caused a large amount of land use adjustment throughout the Study Area. The Interstate Highway System caused an adverse social and economic impact in the community where many former residential property owners sold their property to investors who would then convert the property's land use designation in order to maximize the financial return on their investment. During this day and time, it was common for land use changes to be approved without a consistent or coherent vision. Lots that once housed structures that have been demolished must be re -platted to meet current zoning regulations and comply with current lots size standards, setback, parking requirements and Floor Area Ratio. 41 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 52 4.1.a Unfortunately, due the difficulty and cost associated with land acquisition, existing property owners have chosen to retain their structures in their as -is conditions, even though many of them may be structurally unsound and potentially subject to demolition by neglect. Thus, these buildings add to the visual blighted conditions of the area and they usually have multiple code violations due to lack of maintenance and repairs. 6.4 Vacant Lots The photographic evidence of the target area continues to demonstrate that there is an overabundance of vacant lots. While some may believe that this is only a visual nuisance, vacant lots represent desolation and deteriorates the physical site of the community's environment. Vacant lots also, environmentally, produce an overwhelming number of code violations because of illegal trash dumping due to absentee ownership and unsecured properties. Therefore, contributing to the decline in real estate values in the area, becoming an economic problem as is the case for many cities. 176 NW 17th 5t 227 NW 20th Terr 208 NW 11 th St Ninth Street 42 221-241 NW 10th St 1129-1137 NW 2nd Ave Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 53 4.1.a 6.5 Abandoned and Vacant Buildings There are 488 vacant and abandoned and/or boarded -up buildings in the target area as of April 30, 2017, as reflected in the Property and Characteristics Report (See Appendix 11), which is an 8.4% increase in the number of buildings since last reported. Vacant and boarded up buildings or abandoned buildings are the first signs of physical blight and disinvestment in a community. These buildings are considered a hazard because of the lack of sustained maintenance and therefore, have become structurally unsafe. They have continued to be a haven for illegal drug activity and serve to attract homeless individuals looking for shelter. "Vacant buildings and lots come with significant economic costs - remediation, demolition, reduced values to surrounding properties, and reduced tax revenues for municipalities that might otherwise apply such revenues to social and welfare programs for their citizens (Accordino and Johnson, 2000; Han, 2014). There is growing evidence that the presence of vacant buildings and lots also have negative impacts on community health and safety (Chaix, 2009; Cohen et al., 2003; Hannon and Cuddy, 2006; Spelman, 1993; Wei et al., 2005)."13 6.6 Property Violations The number of property violations attributed to unsafe structures remains high at 87 based on the data reviewed for the Study Area as of May 30, 2017. The increasing trend of a high number of unsafe structures requires the use of limited resources by the City to try and resolve these violations. The negative outcome associated with these buildings whether they are vacant/abandoned buildings or unsafe structures, takes a toll on the community with the resulting effect of an increase in criminal activity and a haven for homelessness. 13 M Kondo, B Hohl, SH Han, C Branas - Effects of greening and community reuse of vacant lots on crime, Urban Studies, 2016 43 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 54 4.1.a • eeir • SEOPW CRA UNSAFE STRUCTURES 2017 ID I' 7 4 SEOPW_Bnd SEOPW Unsafe Structures 2017 fitto.tetko.tr. ,utr.ot ..;„ .7 11 , Miami f ',1st Slrese Sources Eel, HERE, Core 4-11F47p increment P Corp GEBCO, USGS. FAO, NPS. NRCAN. Ge‘BasepIGN Kadaster Ornance Sun..ky, Japan, MET. Esti ChinatHonntfkong) swisstepo Maomd ndia, e—TISiteettilan wrilbJtors... nd the GIS User CommJnIN, 44 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 55 4.1.a 6.7 Site Deterioration Deteriorating site conditions have created an unsafe environment for pedestrians and motorists, while presenting a negative perception of the area. Although there have been significant improvements in the Study Area, there is still evidence of building dilapidation, structural neglect, vacant properties, deteriorated public streets and rights -of -way. The following images are evidence of broken, cracked and uneven sidewalks, swale areas in need of repair, roadways in need of major repair and restriping, damaged structural features, such as broken steps, walkways, and entryways, damaged and dilapidated fencing, non -operating vehicles visible from the public right-of-way, overgrown lots and unkempt properties. However, the reality is that site deterioration has had an adverse effect on private investment in the area and more remains to be done to alleviate it. osiosriiht 5th Ave and 11 St St and 1st PI -- Area A 15th St and 1st PL -Area A 45 15tt and 1st PI -- Area A Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 56 4.1.a 680 NW 10th Terr 682 NW 10th St 100 NW 11th St :1. 220 NW 10th St -- Area C 1 268 NW 11th St luu rvvv ilcn �t 1127 NW 2nd Ave 46 699 NW 8th St Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 57 4.1.a 931 NW 9th St 499 NW 5th Ave 572 NW 5th Ave 1704 NW .1st PI 560 N 5rh A ve 574 NW 5th Ave 1433 NW 2nd Ave 47 493 NW 5th St 407 NSA/ Ave NW 5th Ave and NW 22nd St 1126 NW 1st St Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 58 4.1.a 6.8 Unsanitary and Unsafe Conditions due to Environmental Contamination The entire Study Area is currently designated as a Brownfields Study Area. A careful review as of May 30th, 2017 of the Environmental Protection Agency's current listing of Brownfield sites, confirms that historically there has been a consistent number of Brownfield and Hazardous Waste sites in the Study Area. This can be seen in the City of Miami's Economic Development Department 2005 report and assessment "Status of Brownfields and Land Revitalization" an assessment of properties surrounding known facilities that have released hazardous materials into the environment. The Study Area remains untouched regarding mitigation of the Brownfields. Development on Brownfield sites carries with it additional costs associated with developing, that private investors are not willing to support. Therefore, the Agency must incentivize development on Brownfield sites. While we are aware of these Brownfield sites that have some level of contamination that is unseen, on the surface, there is still a level of unsanitary and unsafe conditions that are visible in the Study Area areas as evidenced below. ,fll 1 +I •g s 0°g ° cY° ° ° O 00 O 0 00 o • 0 4 o °0 00 o • r ▪ ° J n ° O 6 b 0 ma % 8,0 0 0 0 ° 0 •• SEOPW CRA BROWNFIELDS AREAS AND O Nb4Hard5l CONTAMINATED SITES 0 a . tit � ;�.—fir._ :... ° Q N,;.: 15th O ° ° cY0 0 00 O o • •� 0 0 0 o 0 0, 0 b ;q7. 'z..'8` 600 o ° ° 0 00_ °0Sa 6 coo b 0 0 ° NlY 1 SEOPW CRA AREA • Contaminated Site Brownfield Name Miami selection y, 0 0 ° 00 0 0 0 ra, ° 0 o5a 0 0) ° O �p ,0 0 0 coo m 00 0 • 1�' 0 ° i /. ° Rc 0 0 a sr al 0 8 • �0 00 0 0 SW2lwnr i 1 ! sw ath ° � k°..I �tN ` _ �itn 51 sw 7,, '0 ® `b O O o'00 r--- N ,i O O r i Q '3 y Q ° O Sow ;i s c D v *SW 19th St 1,P" 0P`�e "a‘ Qz et.9. VMnd St� •5� aR O .. Nob` Island • Beach Park luck0,, VIE. Sources: Esti, HERE. DeLorme, Intennep, increment P ., GEBCO; USGL - FAO, NPS, NRCAN. GeoBaae, IGN, Kameter NL, Ord n Survey, EsiltJao.: - MEP, ESn China (Hong Kong). SwiSntopo. Mapmylndia b O S reetMap contributors, and the GIS User Community i i 48 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 59 4.1.a EPA's interactive map reflects a high degree of Hazardous sites for the 33136-zip code. 14 523'2017 hiyEnk •ormentMa;. NW 2314 St —® ura s: • tx< , `d a: se , ItlOOrowl Sam. Clara �3. A y A % . NW 20th Sl yj.1 4/44 1 14 n ROM - • NW 1th St • NIw fah St by Stir St IMF Nw Sill St 4giw .yW )f zz .te "�rVJ. St E f z ti; t1W 3M St - 3 S < NV114 n1 St NW 22nt4 Si lil 200 St N 3 NN 1911'St 7 NW "IX" -r: F� F eTVk NW gird St_ V'7.)TOWN n A NW 20th Si CONE 22nd St NE 2 'Ad St rtt 1701 St tistoth St osw �t�rsa-a'Ir,•r-Ir i n • NW lath St I -matey '51� 2.t. n N'h' 1'en it j f1 z j 3 NE 11.11+ SI y ��MrW1`V'.Y' v n Q C.,tot I .newe-S.analBI � � O. �y,,// NW %4th St :'E11HJR JC ARt5�1 tt • - > HE tTtr St p Z � mom pa,p • T • F.'•k.: 0J1:b1 y[ z ; q ; 1VYLum 0WI-0.i V(rM11 Nwsa.hs1 Nt aK,ta x iM. r 'NSmyw s. ..7.1,- Y'rl —' Az ere .4. kxtm ror trot -rTanf parr A,,,: Risri nr NOy. N vw WSi d Me4omaltr W lkK U h St'0�ftio Sth St C J F.r.)„or. k g NE Sth St p, ,y�pI MelrommmriN ley Wirt- :,1.; �M it!..,„M '-artmm m Ne.........-rna... t a.r.;,:. 31d 51 U O 2010 NAVTEQ, CI1Cro AND, O 2017 Msoft Corporation Lam' ii ' l L 14 EPA Brownfield and Hazardous Sites. (n.d.). Retrieved May 05, 2017, from https://www3.epa.gov/myem/envmap/mainmap. html?pTheme=a II&embed=true&basemap=&pLayers=osc, npl,rcra,tri Ian d,acres&ve=14,25.788152,-80.197576&mW=917&mH=618 49 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 60 4.1.a Section 7. Total Revenues Deposited in the Trust Fund: The Agency is funded in an amount not less than that increment in the income, proceeds, revenues and funds derived from the undertaking of the community development within the Study Area. The basis of the contributions is determined by identifying the dollar value of all real property (i.e., ad valorem) within the Community Study Area as of a fixed date (i.e., base year). On that base year, taxing authorities freeze their respective received property tax revenues based upon the determined values and an agreed upon percentage of increased tax revenues beyond the value of the base year, "tax increment," are deposited into a CRA's Trust Fund. Such tax increment is dedicated for community redevelopment uses within the Community Study Area in accordance with the CRA's redevelopment plan. § 163.378(1) (a), Fla. Stat. Since its inception, $159,432,749 has been deposited into the SEOPW CRA's trust fund. 1982 - Original Boundari 1985 - Park West Addition Fiscal Year City County City County - [...spa! ili City Beu VUTAId I!US County Total by Year 1983 $0 50 S0 S0 S0 $0 1984 $0 S0 SO S0 50 $0 $0 $0 1985 50 50 $0 50 S0 $0 $0 1986 579,190 S60,045 $0 50 SO $0 $139,235 $470,046 $470,123 $472,715 1987 $269,930 $200,116 $0 $0 50 50 1988 5267,125 $202,998 $0 $0 50 50 1989 $268,694 $204,021 $0 $0 50 50 1990 $386.543 $289,750 $0 $0 $0 $0 $676,293 $1,145,436 $1,341,053 $1,072,883 $604,109 $143 098 1991 $648.040 5497,396 $0 $0 $0 $0 1992 $758,712 5582,341 $0 $0 $0 $0 1993 $609,254 $463,629 SO $0 $0 $0 1994 $343,054 $261,055 SO 50 $0 $0 1995 $0 $143,098 $0 $0 $0 $0 1996 $142,324 $101,233 $0 50 $0 $0 $243,557 $223,692 1997 $133,636 590,056 $0 50 $0 $0 1998 $109,887 S68,946 $0 50 50 50 $178,833 $176,393 1999 $110,087 $66,306 $0 50 $0 50 2000 $353,879 $217,103 $0 $0 50 50 $570,982 $918,384 2001 $574,104 $344,280 $0 $0 $0 50 2002 $1,446,192 $655,989 $0 $0 $0 50 $2,102 181 2003 $1,587,461 $970,494 50 $0 $0 50 $2,557,955 $2,417,956 $2,816,788 $4,209,819 $5,406,376 $5,796,444 $7,014,897 $10,225,976 511,711,376 $8,098,297 2004 $1,474,398 $943,558 50 $0 $0 50 2005 $1,627,940 $1,188,848 50 $0 $0 50 2006 $2,495,666 $1,714,153 $0 $0 $0 $0 2007 S2,995,946 $2,410,430 $0 $0 $0 $0 2008 S3,568,307 $2,228,137 $0 $0 $0 $0 2009 54,309,075 $2,705,822 $0 $0 $0 $0 2010 56,270,444 $3,955,532 $0 $0 $0 $0 2011 S6,845,971 $4,865,405 $0 $0 $0 $0 2012 $4,951,081 S3,147,216 $0 50 $0 $0 2013 $5,947,771 S3,628,396 $0 SO $130,198 $80,886 $9 787 251 2014 $7,349,506 53,955,532 $0 SO $194,346 $0 $11,499,384 2015 $8,045,982 54,907,952 5132,289 $80,740 $241,073 $146,396 $13,554,432 $16,460,269 $18,314,445 $18,612,071 2016 $9,491,910 $5,793,212 $347,349 $211,998 $382,406 S233,394 2017 $10,525,607 $6,424,109 $363,837 $222,061 $483,646 $295,185 2018 $10,374,855 $6,515_,446 $413,185 $261,143 $642,758 $404,684 $ $94,362,571 $59,802,604 $1,256,660 $775,942 $2,074,427 $1,160,545 $159,432,749 Total Per Area Per Area $154,165,175 97% $2,032,602 1% 50 $3,234,972 2% Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 61 4.1.a 7.1 Tax Increment (TI) Revenue Projections The below listed TI revenue projections were compiled using a formula delineated by Fla. Stat. 163.387(2) (a). A simple straight-line calculation was performed and the major assumptions used for the projections are a conservative annual growth rate of 2% for incremental revenues resulting a projected gross tax amount of $596,150,213. However, the projected available cash after obligations are deducted amounts to $221,748,294. SEOPW CRA Tax Increment Revenue Projections until FY 2042 (Assumption of 2% Growth) 1982 - Original Boundaries 1985 - Park West Addition I 2009 - Fiscal Year City County City County City County Projected Gross Tax Increment Revenues 2018 $10,374,855 56 515,446 $413,185 $261,143 $642,758 $404,684 $18,612,071 $18,984,312 $19,363,999 $19,751,279 $20,146,304 $20,549,230 $20,960,215 $21,379,419 $21,807,008 S22,243,148 522,688,011 $23,141,771 S23,604,606 $24,076,698 2019 $10,582,352 $6,645,755 $421,449 5266,366 $655,613 5412,778 5421,033 S429,454 $438,043 2020 $10,793,999 $6,778,670 $429,878 5271,693 $668,725 $682,100 2021 $11,009,879 $6,914,243 $438,475 5277.127 2022 $11,230,077 $7,052,528 $447,245 $282,670 $695,742 2023 $11,454,678 $7,193,579 $456,190 5288,323 $709,657 $446,804 $455,740 $464,855 2024 $11,683,772 $7,337,450 $465,313 $294,089 $723,850 2025 $11,917,447 $7,484,199 $474,620 $299,971 $738,327 2026 512,155,796 $7,633,883 $484,112 $305,971 $753,093 $474,152 2027 $12,398,912 $7,786,561 $493,794 $312,090 $768,155 $483,635 $493,308 2028 $12,646,890 $7,942,292 $503,670 $318,332 $783,518 2029 512,899,828 $8,101,138 $513,744 $324,698 $799,189 $815,173 $503,174 $513,237 $523,502 2030 513,157,825 $8,263,161 $524,018 $331,192 2031 S13,420,981 $8,428,424 $534,499 $337,816 $831,476 2032 513,689,401 $8,596,993 $545,189 $344,573 $848,106 $533,972 $544,651 5555,544 524,558,232 S25,049,397 $25,550,385 $26,061,393 $26,582,621 $27,114,273 $27,656,558 $28,209,690 2033 $13,963,189 $8,768,932 $556,093 $351,464 $865,068 $882,369 2034 514,242,453 $8,944,311 $567,214 $358,493 2035 514,527,302 $9,123,197 $578,559 $365,663 $900,016 5566,655 2036 514,817,848 $9,305,661 $590,130 $372,977 $918,017 5577,988 5589,548 S601,339 2037 $15,114,205 S9,491,775 $601,933 $380,436 5936,377 2038 $15,416,489 S9,681,610 $613,971 $388 045 5955,105 2039 $15,724,819 S9,875,242 $626,251 $395,806 5974,207 $613,366 2040 $16,039,315 $10,072,747 $638,776 S403,722 $993,691 $625,633 $638,146 $28,773,883 $29,349,361 $29,936,348 $596,150,213 2041 $16,360,101 $10,274,202 $651,551 5411.796 51,013,565 2042 $16,687,303 $10,479,686 $664,582 S420,032 $1,033,836 $650,909 $12,962,150 $ $332,309,715 S208,691,688 $13,234,439 $8,364,489 $20,587,731 Total Per Area Per Area $541,001,403 90% $21,598,928 4% 51 $33,549,881 6% Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 62 4.1.a Available Cash Flow After Ob igations Fiscal Year Projected Gross Tax Increment Revenues Estimated Global Agreement 45% Payment (Assumption 5% Growth) Gibson Park Loan Payments Debt Service Payment (Series 2014A Bonds) Estimated Debt Service Payment TRI Rail Administration (Assumption 2% Growth) Available Cash Flow After Obligations 2018 518,612,071 55.134.336 $833,357 $4,521,875 $2,000,000 $2,000,000 52.300,000 52,346.000 $3,822,503 $3,893,289 $3,958,669 2019 $18,984,312 55.391.053 $835,346 $4,518,625 2020 $19,363,999 $5,660,605 $837,554 $4,514,250 $2,000,000 $2,392.920 2021 $19.751.279 $5.943.636 $839,756 $4,513,375 $2,000,000 $2.440,778 $2,489,594 $2.539,386 $4,013,734 $4,063,072 $4,102,058 $4,134,484 2022 $20.146,304 $6,240,817 $842,196 $4,510,625 $2,000,000 $2,000,000 2023 $20.549.230 $6,552,858 $844,303 $4,510,625 2024 $20,960,215 $6,880,501 $847,056 $4,508,000 $2,000,000 $2.590.174 2025 $21,379,419 $7,224,526 $850,182 $4,502,500 $2,000,000 $2,641.977 $4,160,234 $4,173,784 $4,176,431 $4,170,371 $4,146,762 $4,116,620 $14,395,142 $14,392,598 $14,375,481 514,342,773 614,293,401 2026 $21,807.008 $7,585.753 $853,904 $4,498,750 52,000,000 $2,694,817 2027 $22,243.148 $7,965,040 $861,589 $4,491,375 52,000,000 $2,748.713 2028 $22,688.011 $8,363.292 $865,660 $4,485,000 S2,000,000 $2,000,000 $2,803,687 $2,859,761 $2,916.956 2029 $23,141,771 $8,781.457 $869,791 $4,484,000 2030 $23,604.606 $9,220.530 SO $5,350,500 S2,000,000 2031 $24,076.698 $9,681.556 S0 SO $0 50 2032 524,558.232 510,165.634 50 50 $0 $0 2033 $25,049,397 $10,673,916 $0 $0 $0 $0 2034 $25,550,385 511,207,612 $0 $0 $0 SO 2035 $26,061,393 511,767,992 $0 $0 $0 50 2036 $26,582,621 $12,356,392 $0 $0 50 SO $14,226,229 $14,140,062 2037 $27,114,273 $12,974,211 $0 $0 $0 50 2038 $27,656,558 $13,622,922 $0 50 50 50 $14,033,637 $13,905,622 $13,754,612 $13,579,126 $13,377,602 $221,748,294 2039 $28,209,690 $14,304,068 $0 60 SO 50 2040 $28,773,883 $15,019,271 $0 $0 SO $0 2041 $29,349,361 $15,770,235 $0 $0 SO $0 2042 $29,936,348 $16,558,747 $0 $0 50 $0 $596,150,213 $245,046,962 $10,180,694 $59,409,500 $26,000,000 $33,764,763 52 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 63 4.1.a Section 8. Types of Programs Currently Funded for the Area: CRA Funded Programs for the Area Pursuant to and as defined by Fla. Stat: 163.340(9), the following community redevelopment programs are funded for the elimination and prevention of the development or spread of slum and blight and/or the reduction or prevention of crime. The Overtown Beautification Team The Overtown Beautification Team program employs residents in the Study Area to provide street cleaning services along the main corridors and the surrounding areas. Participants obtain on-the- job training in property maintenance and landscape services. This program plays a significant role in the reduction of illegal trash dumping within the community. Moreover, the program provides a salary, soft skill training, financial management, counseling, and assistance with transitioning opportunities to permanent employment. The Lyric Theater Heritage Program The Lyric Theater Heritage Program provides residents in the Study Area with part-time and temporary employment opportunities at the Black Archives Historic Lyric Theater, during programmed events and activities held at the venue. The Hospitality Institute Job Training and Job Placement Program The Hospitality Job Training and Job Placement Program provides soft skill training to residents within the Study Area that are seeking to gain employment in the hospitality industry. Each quarter, participants partake in a three-day training program focused on enhanced customer service skills, 53 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 64 4.1.a financial literacy, life skills, resume writing, successful interviewing and proper attire. At the completion of each session, a job fair is held for new and existing graduates. Advanced hospitality and culinary training is offered to those who successfully complete the Hospitality Institute. The twelve -week training course is held at Miami Dade College Culinary Institute. The FACE Summer Youth Employment and Training Program The FACE Summer Youth Employment and Training Program is a 7-week paid internship program for youth and young adults within the Study Area. Participants obtain work experience in one of the following industries: Film & Photography, Broadcast Media -Radio, Arts, Cultural Tourism, Information Technology (Coding & Web Design) and Entrepreneurship/ Business Management. The program also offers job coaching, community service, and continuous learning & leadership development seminars. The Overtown Business Resource Center The Overtown Business Resource Center offers office incubator space and direct technical assistance to small businesses and residents in the Study Area. The center also provides office services, various workshops and assistance with identifying capital funding sources. Suited for Success The Hospitality Employees Advancement & Training, Inc. (HEAT) HEAT is a hospitality -training program, for those seeking new careers in the hospitality industry as well as those who want to improve their skills for career advancement. The program offers training courses for positions such as: baker's helper, professional cooks, bus persons, banquet servers, and hotel guest room attendants. This training program is modeled after other successful hospitality training programs affiliated with UNITE HERE in Boston and Las Vegas, which takes a student - centered approach to training and emphasizes job placement for its graduates. The TRIBE The TRIBE offers co -working space to residents who are interested in technology and coding. The co - working space also features daily access to offices, a shared desk space, conference rooms, printers and Wi-Fi. Members will also have access to funding and business resources, economic and entrepreneurial research, small business development, startup boot camps, digital literacy and coding programs. The Overtown Employment Assistance Center The Overtown Employment Assistance Center provides residents with job training and employment placement opportunities. The job center, which is housed in the Overtown Business Resource Center, 54 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 65 4.1.a works directly with employers to identify hiring needs and matches them with qualified candidates that have undergone its job training program. City of Miami Police Enhancement Program The City of Miami Police Enhancement Program provides heightened police services in the Study Area. The six (6) member unit, is tasked with addressing quality of life issues such as: homelessness, illegal dumping and chronic drug use. The officers are also equipped with Segways and bicycles to patrol the neighborhood. Since implementation, the program has aided in the increase of police visibility in the Overtown community and the prevention of violent crimes and drug overdoses. The "Camillus House" Miami Shelter Program The Camillus House Miami Shelter program provides 75 beds in Camillus House facilities for the nightly use of homeless individuals in the redevelopment and surrounding areas. The program also offers homeless assistance and case management services. Non- CRA Funded Programs for the Area Youth Services Overtown Children & Youth Coalition Urgent Inc. Touching Miami with Love Girl Power Overtown Youth Center Teens Exercising Extraordinary Success (T.E.E.S.) Overtown Optimist Club Homeless Assistance Services Lotus House Shelter Social Services Culmer Center Allegany Franciscan Ministries Urban Philanthropies Health Services Jefferson Reeves Health Center Section 9. Major Projects Currently Funded by the Agency: Pursuant to Fla. Stat: 163.340(9), the following community redevelopment undertakings are for the elimination and prevention of the development or spread of slum and blight and, or the reduction or prevention of crime and, or for the provision of affordable housing, where for rent or for sale, to residents of low or moderate income, including the elderly. 55 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 66 4.1.a The SEOPW CRA allocated approximately $150.1 million to planning and implementing redevelopment activities within the Study Area. This allocation reflects the holistic approach to community revitalization outlined in the SEOPW CRA's community redevelopment plan and consists of strategic investments in affordable housing, arts & culture, infrastructure, parks and open spaces, job creation and business development, quality of life initiatives, land acquisition, and general government to address the needs of the community. 1. Bond Funded Projects Courtside Apartments • St. John Overtown Plaza Apartments (1327 NW 3rd Avenue). Affordable housing new construction development totaling 90 units and 8,000 square feet of retail. CRA Contribution: $10,000,000 • Plaza at the Lyric (919 NW 2nd Avenue). Affordable housing new construction development totaling 158 units and 8,000 square feet of retail. CRA Contribution: $17,000,000 • Island Living Apartments (1201 NW 3rd Avenue). Affordable housing new construction development totaling 70 units and 5,000 square feet of retail. CRA Contribution: $9,000,000 • Courtside Apartments (1700 NW 4th Avenue). Affordable housing new construction development totaling 84 units. CRA Contribution: $7,500,000 • Town Park Plaza South. Total community rehabilitation of 116 units with relocation services. CRA Contribution: $13,500,000 • Town Park Village. Total community rehabilitation of 147 units with relocation services. CRA Contribution: $1,500,000 2. TIF Agreements 56 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 67 4.1.a Miami World Center TIF Agreement • Total Construction Cost: Approximately $1 billion • CRA Contribution: $105,000,000 in future property tax rebates. • The Miami World center project is a phased mixed -use development which is anticipated to include a retail center containing approximately 765,000 net square feet of retail space with approximately 2,500 parking spaces, 300 hotel rooms, more than 2,000 apartment and condominium units and 50,000 square feet of retail space in the first phase. • Master Developer and the CRA have negotiated an economic incentive agreement which provides for the payment to the Master Developer of 57% of the tax increment revenues (excluding the land value) generated from the project actually received by the CRA from the City of Miami and Miami -Dade County which amount shall be increased during the time period from the completion of the first building through the calendar year 2022 to the lesser of 75% of the tax increment revenues generated from the project (excluding land values) or $6,889,074.00 with Master Developer being required to utilize the funds for public infrastructure improvements such as parking and other permitted uses allowed pursuant to Chapter 163, Phase III, Florida Statutes. • As an inducement to the CRA's grant of financial assistance, Master Developer agrees to develop reliable resources for community outreach to provide new job opportunities during both construction and operations phases of the project and Master Developer and Retail Developer have committed to the following: o A goal of 30% participation by unskilled laborers of the County, giving priority to residents of the Study Area, Overtown, and the highest poverty rated zip codes of the City and the County; o A goal of 10% participation by skilled laborers utilizing the Job Priorities; o A goal of 20% participation by subcontractors based upon their principal place of business utilizing the Job Priorities; o First Source hiring opportunities for permanent job placement; o Living wage rates for construction workers; and o Responsible wage rates for electrical journeyman. 57 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 68 4.1.a 3. Parks and Open Spaces • Theodore Gibson Park and Gymnasium (401 NW 12th Street). Construction of state-of-the-art sports complex and gymnasium. CRA Contribution: $15,000,000 • NW 3rd Avenue Mini Park (1016 NW 3rd Avenue). Construction of mini - park. CRA Contribution: $50,000 • Ninth (9th) Street Pedestrian Mall (NW 9th Street and 2nd Avenue). Renovation of the open-air plaza. CRA Contribution: $40,000 • Grand Central Park. Development of a multi -use festival CRA Contribution: $200,000 4. Infrastructure fy � .fir. tiI ��� QIIIIMIj Irl�iair space on the old Miami Arena site. • 3rd Avenue Streetscape Project. Beautification and street/sidewalk improvement project along NW 3rd Avenue from NW 7th to 14th Street. CRA Contribution: $5,200,000 • Parking lot Upgrades. CRA Contribution: $260,000 • Public Plaza at the Lyric Theater (919 NW 2nd Avenue). Drainage and miscellaneous site improvements at the plaza entry to the Historic Lyric Theater Cultural Arts Complex. CRA Contribution: $185,000 • Villas of St. Agnes Fence Project. The replacement of the existing fence around the perimeter of the housing development. CRA Contribution: $150,000 • Overtown Area Streetscape Improvements. New asphalt and sidewalk installations. CRA Contribution: $1,800,000 • Grand Promenade Interim Renovation Project. CRA Contribution: $756,120 • SEOPW CRA's Master Development Order as a Development of Regional Impact - Implementation of Increment III. CRA Contribution: $1,243,500 5. Tri-Rail Expansion • Total Construction Cost: Approximately $50,400,000 • CRA Contribution: $17,528,049 in future property tax rebates • The South Florida Regional Transportation Authority ("SFRTA") project entails extending its rail service to Downtown Miami on the All Aboard Florida Brightline Train Platform to facilitate travel between the Study Area of the CRA, the City, and other urban centers across South Florida to the benefit of community Study Area residents, other City residents, and visitors. • Community Benefits from ("SFRTA"): 58 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 69 4.1.a o 600 sq. ft. of community flex space with free Wi-Fi in the All Aboard Florida ("AAF") Brightline train station o Local hiring from the Study Area for construction of the Tri-Rail platform o Continuous paid summer internship program for high school students residing within the Study Area and the highest poverty zip codes of the City of Miami o In -kind advertising opportunities for the Lyric Theater, the Black Police Museum and other historic sites within the Study Area o Discounted lease space for one tenant from within the Study Area o Support for one food truck near the train station o Local hiring commitment for permanent employment opportunities o Free Ridership for low and moderate -income residents of the Study Area o Preference for permanent employment opportunities o Discounted advertising opportunities for CRA businesses o Enhanced living wages for all permanent jobs created as a result of construction 6. Housing Rehabilitation • Town Park Plaza North. Total community rehabilitation of 169 units with relocation services. CRA Contribution: $15,033,333 • 1767 NW 3rd Avenue. Rehabilitation of an existing 3- story, 18-unit building. CRA Contribution: $585,000 • 240 NW 17th Street. Rehabilitation of an existing 9-unit building. CRA Contribution: $450,000 • 210 NW 16th Street. Rehabilitation of an existing 6-unit building. CRA Contribution: $400,000 • 1201 NW 2nd Avenue. Rehabilitation of an $165,000 existing 9-unit building. CRA Contribution: • 149 NW 11th Street. Rehabilitation of an existing 24-unit building. CRA Contribution: $475,000 • 1232 NW 1st Place. Rehabilitation of an existing 33-unit building. CRA Contribution: $620,000 • 160 NW 11th Terrace. Rehabilitation of an existing 6-unit building. CRA Contribution: $187,000 • 220-250 NW 13th Street and 1300 NW 2nd Avenue. Rehabilitation of an existing 33-unit building. CRA Contribution: $520,000 • Poinciana Village. Infrastructure repairs to existing 64-unit condominiums and the installation and repair of the security fencing around community pool. CRA Contribution: $174,500 59 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 70 4.1.a 7. Business Development and Improvements • People's Bar-B-Que (360 NW 8th Street). Full interior and exterior rehab and renovation of the restaurant. CRA Contribution: $1,375,000 • Dunn & Josephine Hotel (1028 NW 3rd Avenue). Rehabilitation of two existing buildings into a boutique hotel or bed and breakfast with 18-rooms and retail on the ground floor. CRA Contribution: $1,069,000 • Renovations and tenant improvements along NW 3rd Avenue. CRA Contribution $600,000 • Overtown Plaza (1490 NW 3rd Avenue). Exterior and interior rehabilitation of shopping center. CRA Contribution: $2,250,000. ($900,000 was allocated to assist new tenants with rental unit improvements. Grant recipients include: VSMD Food Corp., Top Value Supermarket, Two Guys Restaurant, and Caring Touch Barbershop.) • Carver Apartments and Shoppes (801 NW 3rd Avenue). Total rehabilitation of building with 10 units and 3,900 square feet of retail. CRA Contribution: $730,000 • Harlem Square (173 NW 11th Street). Adaptive reuse of the existing structure into a supper club /lounge. CRA Contribution: $2,225,000 • Downtown Miami Partnerships Facade Program. The program provides assistance to qualified businesses and property owners for facade improvements in the targeted area of NW 3rd Avenue Business Corridor. 22 locations received facade improvements. CRA Contribution: $1,526,250 • Jackson Soul Food Restaurant. Renovation and expansion of the restaurant. CRA Contribution: $920,000 • Tenant Improvements at New Arena North and South. Grants awarded to five (5) businesses for improvements to retail space at New Arena Square. CRA Contribution: $500,000 • Just Right Barbershop. Interior renovation of barbershop. CRA Contribution: $297,254 • Bortequim Carioca Brazilian Bar & Grill. Renovation and expansion of the restaurant. CRA Contribution: $100,000 • Overtown Small Business Grant Initiative. Grants awarded to local businesses along the NW 3rd Avenue Business corridor to funding capital improvements and major equipment purchases. CRA Contribution: $200,000 60 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 71 4.1.a 8. Historic Preservation • Old Clyde Killen's Pool Hall (920 NW 2nd Avenue). The rehabilitation and 40-year recertification of the two-story building. CRA Contribution: $930,000. • Overtown Performing Arts Center (300 NW 11th Street). Interior demolition and re -build of historic structure to house a community center, banquet facility, kitchen training facility and tutoring center. CRA Contribution: $3,500,000 • Mt. Zion Missionary Baptist Church. Miscellaneous repairs and improvements to the historic church building. CRA Contribution: $280,000 • St. John Missionary Baptist Church. Miscellaneous repairs and improvements to the historic church building. CRA Contribution: $252,000 • Restoration of the Ward Rooming House. Rehab of the historic rooming house into an art gallery/open space. CRA Contribution: $1,050,000 • Greater Bethel A.M.E. Church (245 NW 8th Street). Miscellaneous repairs and improvements to the historic church building. CRA Contribution: $104,490 • Black Archives History and Research Foundation of South Florida. CRA Contribution: $1,705,000 • Black Police Precinct and Courthouse Museum (480 NW 11th Street). Emergency repairs to the historic building. CRA Contribution: $110,472 • St. Peter's Church Improvements (1811 NW 4th Court). Miscellaneous improvements and repairs for 40-year recertification. CRA Contribution: $250,000. • Lawson Thomas Building structural repairs (1021 NW 2nd Avenue). Urgent repairs to remove debris and replace collapsed roof structure. CRA Contribution: $100,000 • D. A. Dorsey House (250 NW 9th Street). Miscellaneous repairs and improvements to the historic house. CRA Contribution: $150,000 61 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 72 4.1.a Section 10. Major Projects to be funded by the Agency as a Result of the Extension: Community redevelopment, as defined by the Community Redevelopment Act of 1969, Fla. Stat. 163.340 (9), means undertakings, activities, or projects in a community redevelopment area for the elimination and prevention of the development or spread of slum and blight, or for the reduction or prevention of crime, or for the provision of affordable housing, whether for rent or for sale, to residents of low or moderate income, including the elderly. In furtherance of the Community Redevelopment Act, listed below are undertakings, activities, or projects to be funded as a result of extending the life of the SEOPW CRA. The following community redevelopment undertakings, activities or projects will be funded as a result of the extending the life of the SEOPW CRA. Affordable Housing Developments The SEOPW CRA seeks to develop and support the development of up to 3,000 affordable housing units for residents of low or moderate income including the elderly. The demand for the development of workforce housing for residents earning between 80% and 140% of the County's area median income will be pursued through public/private partnerships. The SEOPW CRA will continue to provide funding for multi -family and single-family housing rehabilitation. More significantly, under the extension, the SEOPW CRA will devote more funding to homeownership for residents of low or moderate income, including the elderly. The Agency is mandated to develop affordable housing units to provide a range of residential choices that will promote economic integration, accommodate the diversity of existing and future residents, and stimulate a positive shaping of the Study Area. This policy sets a minimum of at least 20% of any new development or rehabilitation of existing housing should be affordable housing. The Agency has far exceeded this benchmark, allocating 52% of its total budget allocation to the creation and rehabilitation of affordable housing within the Study Area. The Agency has invested over $79.5 million in the construction of new affordable housing as well as the rehabilitation of existing rental and ownership units to both increase and improve the stock of affordable housing within the Study Area. This investment has resulted in the development of four new affordable housing communities and the rehabilitation of numerous multi -family units, totaling 402 new and 809 rehabilitated affordable housing units. Public Housing Collaboration with Miami -Dade County SEOPW CRA will partner with Miami -Dade County Public Housing & Community Development to redevelop and modernize three public housing properties located within the Overtown Study Area. The following county owned public housing properties to be redeveloped consist of a combined 33.7 acres of land which include Culmer Place, 580 NW 5th Avenue, Culmer Gardens, 610 NW 10th Street and Rainbow Village, 2140 NW 3rd Avenue. The three identified sites are currently under developed, outdated, and under the extended life of the SEOPW CRA, a minimum of 1,500 new housing units can be built. 62 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 73 4.1.a 63 Iff, ,T 7171igl[=FIEME 7T•i7 equest to ccept t e ssessment o ee • to • in upport xten • in • t e Li e o • • TY ; Packet Pg. 74 4.1.a Historic Overtown Folk Life Village / Overtown Culture & Entertainment District The Historic Overtown Folk Life Village ("The Village") is a two -block area, adjacent to downtown Miami, between NW 3rd Avenue and 2nd Avenue, and NW 8th Street and NW 10th Street (per Masterplan for Historic Overtown Folk Life Village, May 1997). The 1998 Master Plan for the Historic Overtown Folk Life Village establishes design guidelines, promotes partnerships, and identifies economic and cultural trends for the evolution of The Village. The themes for The Village include: the history and culture of black people including Africa, the Caribbean, and the United States; and the Harlem Renaissance, the self -definition of the Black experience through entrepreneurial ventures and through self-expression in the literary, visual, and performing arts. The Overtown Entertainment District, as prescribed by Chapter 4 of the Code of the City of Miami, promotes new small business investments associated with restaurants. The intent is to allow establishments which may include nightclubs, supper club, restaurants, and bar uses to benefit from close proximity to one another within the district. The Overtown Entertainment District has a maximum of six establishments to include night clubs, supper clubs, and bar uses to benefit from proximity to one another within the duly designated area of the Folk Life Village/Overtown Culture & Entertainment District. Land Acquisition Under the extension, the SEOPW CRA will seek to add buildable parcels to its inventory in support of the SEOPW CRA redevelopment plan. Due to the implementation of Miami 21 establishing minimum buildable lot sizes, additional inventory can be added by seeking variances on a number of undersized lots that could be made available to the CRA at sub -market value, thereby enabling the SEOPW CRA to acquire lots for future development. This program will be dedicated to reducing the number of unsightly vacant lots and reducing the number of abandoned and vacant buildings that can be ultimately used for development of various types of affordable housing products; thus continuing to maintain the mission of the CRA providing affordable housing units. Infrastructure/Technology Plans are underway to create a technology hub within the Study Area that will act as a permanent anchor in reforming certain economic, entrepreneurial, and innovation challenges. This will be done by offering co -working space to Overtown residents who are engaged with technology partners that render services for digital literacy, coding programs, economic and entrepreneurial research, small business development, startup boot camps, and access to funding and business resources. Infrastructure / Capital Improvement The SEOPW CRA will continue to provide financial support to physical capital improvement activities, flood relief, street beautification, swale improvement, sidewalk repairs, and similar activity that support the reversal of site and structural deterioration. Policing Innovation Project 64 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 75 4.1.a Dedicated and enhanced community police services will be funded by the CRA through the City of Miami Police Department. The services will provide for the safety and protection of the residents and visitors within the boundaries of the SEOPW Area. These enhanced services will be provided by a dedicated unit of sworn officers by the Chief of Police in a Problem - Solving Team capacity, acknowledged as the CRA Unit. Street Vendor Retail Kiosk Program A sidewalk retail vendor program will be formulated, similar to those already recognized by the City of Miami, at designated locations in both the Overtown and Park West study areas, with the objective of fostering small businesses entrepreneurship opportunities and job opportunities for Overtown residents. The program will be managed through the SEOPW CRA and will provide a limited number of budding entrepreneurs the opportunity to lease uniformed kiosks to be located on the side -walks and rights - of -way throughout the Study Area. Miami World Center Mixed Use Development Miami World Center is a project funded by the CRA, and pursuant to the development agreement, is entitled to receive additional contributions under the extension of the life of the SEOPW CRA. The project is a phased mixed -use development which is anticipated to include, when completed, 300,000+ square feet of retail, approximately 2,000 public parking spaces, 400 hotel rooms, and 2,000 apartment and condominium units in the first phase. Total Construction Cost: Approximately $1 billion. CRA Contribution: $105,000,000 in future property tax rebates. MDM Conference and Convention Hotel The MDM Development group has engaged the SEOPW CRA to receive a Tax Increment Financing Agreement in the amount of $102,000,000, which is wholly dependent on the extension of the life of the CRA. The group will develop a JW Marriott Marquis Hotel and Expo Center that is a $750 million project that will generate 1,300 permanent jobs. This modern structure will feature the most technologically advanced conference space in the nation with amenities that include a 65,000 sq. ft. grand ballroom. The hotel and expo center will also offer a 45,000 sq. ft. junior ballroom, 100,000 sq. ft. of exhibition space and 390,000 sq. ft. of additional meeting and even space, as well as a 1500 seat theater. 1,800 room Marriott Marquis Miami Convention & Expo Center and 600,000 Square feet expo center (largest in South Florida). An extension through 2042 to create $1.5 billion in new tax revenues will allow the community to fulfill its investment goals immediately. This project will create 850 construction jobs in addition to the 1300+ permanent careers with local preferences. Combined with ancillary development, 4,200 hotel rooms and 4,325 permanent jobs, plus opportunities for new, small, and minority subcontractors, business vendors, and demand for new business development in the surrounding area. 65 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 76 4.1.a SAFE. CONVENIENT. RELIABLE. oi.1 WAY Transportation Initiative /Strategic Miami Area Rapid Transit Plan: Smart Plan The CRA will seek a partnership with Miami Dade County under the County's proposed Strategic Miami Area Rapid Transit Plan for six transportation corridors and a network of bus express rapid transit routes. The SEOPW CRA will provide funding to linking the East-West Corridor and/or the Beach Corridor to the Overtown/Downtown transportation hub. • • 821 Rapid Transit ; (SMART) Plan; TPA Miami -Dade Transportation Planning Organization NWHn FDOT MIAMI•DADE °`"" "° I Doral I� ,r.un �I�I x EAST -WEST CORRIDOR' EAU-VI/SST O I_° 11N14ET, a EXPY l Y Miami Lakes 924 W 68 fT E 655 27 I p""=— IFIU 821 SW24 ST MY 36ST SW9 Si NW MU 826 A!A exp,pawr ves* 71 TT Miami Beach wwTurnEcsw. w ifft EACH CORRIDOR I!ARCSW? O owntown fob Creation and Economic Development In furtherance of its goals for the elimination and prevention of the development or spread of slum and blight, or for the reduction or prevention of crime, the SEOPW CRA will continue to fund job creation projects. There is consensus in the community that employment opportunities must be made available to existing residents to improve the neighborhood economy and expand the economic opportunities for present and future residents and businesses. The SEOPW CRA has allocated 12% of its TIF revenue in job creation and economic development projects. This entails the support and enhancement of existing businesses and local entrepreneurs, the attraction of new businesses that provide needed services and economic opportunities, and work readiness and occupational training to ensure residents can participate in the community's economic growth. These efforts will continue under the prosed extension. 66 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 77 4.1.a The Miami Innovation District The Miami Innovation District, at Northwest 10th Street and First Avenue, will bring together a synergistic mash -up of start-ups, middle -market and international corporations in an innovative mixed -use development that complements the local community while driving productive, inclusive, and sustainable economic growth. The Miami Innovation District will create a thriving, global, connected live -work -play ecosystem for innovation and entrepreneurship that complements and enhances the local community and strengthens Miami's positioning as a world -class city. The project will create a home for the bourgeoning movement of innovation and entrepreneurship in South Florida. Moreover, the primary office uses of the project will complement the other nearby projects, which are primarily retail and residential. The Miami Innovation District comprises an area of approximately 10.4 acres. It is generally bound by NW 12th Street and the I-395 right-of-way to the North, NE Miami Court and NE 1st Avenue to the East, NW 10th Street to the South, and NW 1st Avenue to the West. NW -NE 11th Street and N Miami Avenue are the main thoroughfares within the district, and their intersection is celebrated as a major center of public -space and streetscape improvements within the district. Miami Innovation Tower The Miami Innovation Tower will be located within the Miami Innovation District and essentially, is a kinetic sculpture proposed as a new icon for the Miami Innovation District. The Tower will be located at 1031 NW First Avenue. With its fully - integrated active skin —a global first —the Miami Innovation Tower celebrates the unique flavor and vitality of Miami and announces its arrival as a world -class center for information technologies. The architecture of the tower is inspired by a variety of forms associated with the identity of the city, ranging from contemporary sculpture and fashion to the taught, wing -like, graphics -covered sails of modern racing sailboats —an homage to nearby Biscayne Bay. The lighting, too, is intended as a continuation of the tradition of building illumination that Miami has taken to a high art. The programming of the tower's displays will include public service announcements, updates from companies within the district, video art, as well as advertising which, in addition to generating significant revenue for the community, will become art itself as creative directors customize their messages to the special possibilities and parameters of the tower's unique active skin. Like the Miami Innovation District as a whole, this Digital Age landmark is also a responsible neighbor. At ground level, a public plaza and amphitheater will host cultural events for all comers, as well as providing an inspiring setting for retail. As it rises, the tower hosts several observation decks, one of which, a garden in the sky, will also serve as a demonstration site for the installation of environmental technologies. Two restaurants complete the Tower's program. 67 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 78 4.1.a Miami Innovation District- Location Miami Innovation District- Map Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 79 4.1.a International Longshoreman Site Redevelopment The development of the International Longshoremen's Association, Local #1416 headquarters located on the corner of N.W. 8th Street and N.W. 2nd Ave is critical to the redevelopment plans of the SEOPW CRA. International Longshoremen's Association, Local #1416 was chartered on April 7, 1936. Since its inception the union has provided Long Shore Labor for the Miami -Dade County Port of Miami. Local #1416 union hall is located in the heart of the Historical Overtown District in Miami, Florida and continues to employ laborers (also known as Longshoremen) throughout the Miami area. Long Shore Laborers load and unload ships from all over the world; including Freighters and Cruise ships with abundant passenger counts. Miami is often referred to as the Cruise Capitol of the World. The professionalism of this union has surpassed others by providing quality service and quick turnaround time which is equally important and essential in planning for the future and meeting the needs of a rapidly expanding industry in Miami -Dade County. The International Longshoremen's Association, Local #1416 has pledged allegiance to work with the Overtown community toward the advancement of all those who desire to labor for their families. As such, the SEOPW CRA has pledged to assist the International Longshoremen's Association, Local #1416. SCALE 1.54. = 1-0' Longshoremen Site Redevelopment - Zoning & Massing Study NW 8th Street and NW 2nd Avenue Miami, Florida ZONING NOTES. 69 October 22 2013 ZONING DESIGNATION: T6-8 0 W/ OVERTOWN FOLKLIFE VILLAGE DESIGN GUIDELINES (REQUIRES DESIGN REVIEW BY PLANNING DIRECTOR) PARKING GARAGE USE: ALLOWED BY WARRANT (ADMINISTRATIVE PROCESS). NOTE: A WAIVER WILL BE REQUIRED TO ALLOW PARKING TO EXTEND TO INTO THE SECOND LAYER ABOVE THE 1ST STORY. AN ART OR GLASS TREATMENT. OF A DESIGN TO BE APPROVED BY THE PLANNING DIRECTOR SHALL BE REQUIRED. LOT COVERAGE: 80% MAX OPEN SPACE 10% LOT AREA MIN. PRINCIPAL FRONT SETBACK: 10 FT MIN. SECONDARY FRONT SETBACK: 10 FT MIN. SIDE SETBACK: 0 FT REAR SETBACK: 0 FT BUILDING HEIGHT: 2 STORIES MIN/ 8 STORIES MAX. BUILDING AREA SUMMARY: TOTAL LOT AREA = 29.076 SF LOT COVERAGE = 23.230 SF BUILDING HEIGHT = 6 STORIES (PARKING) 2 STORIES (OFFICES) LINER AT 1ST FLOOR (BLUE) = 2.775 SF PARKING (PURPLE) = 1ST FLR: 15.600 SF / 28 SPACES 2ND TO 6TH FLR: 19,000SF / 55 SPACES EA. TOTAL = 110,600 SF / 303 PARKING SPACES OFFICES (ABOVE PARKING / GREEN) = 19,000 SF x 2 FLOORS = 38.000 SF OF OFFICE MUSEUM (ORANGE) = 3.800 SF x 4 FLOORS = 15.200 SF TOTAL BUILDING AREA = 164,250 SF Design2Form Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 80 4.1.a Section 11. Recommendations for Updated Goals and Objectives: Currently the redevelopment goals for the CRA as stipulated in the 2004 redevelopment plan prepared by Dover, Kohl & Partners and updated in 2009 by the City of Miami Department of Planning, are as follows: 1. Preserving historic buildings and community heritage. 2. Expanding the tax base using smart growth principles. 3. Housing in -fill, diversity and retaining affordability. 4. Creating jobs within the community. 5. Promotion and marketing of the community. 6. Improving the quality of life for residents Based on the data collected and community engagement in preparation of this assessment, the following additional goals are recommended: 1. Fostering Entrepreneurship, Innovation and Technology because we believe that the cornerstone of an economically, financially healthy community takes into consideration strong entrepreneurs, innovative approaches to addressing problems and adoption of technological advances that represent the enhancement of the community. 2. Ensure that transportation/transit connects to the employment centers of Miami -Dade County and public parking is efficient. 3. Coordination of all relevant authorities to ensure that public improvements are being provided. While much has been undertaken to achieve these goals as highlighted by the agency accomplishments, the evidence demonstrates that much work remains to be done. The SEOPW CRA extension is needed to further address the socio-economic ills of Overtown. 70 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 81 4.1.a Section 12. Conclusion: This Assessment of Need Study focused on the predominance of defective and inadequate street layouts, faulty lot layout in relation to size, adequacy and accessibility, unsanitary and unsafe conditions due to environmental contamination, the high incidence of crime in the area compared to the general community at large, the deterioration of the physical site of the Study Area and the inadequate and outdated building density patterns. The Study Area is still plagued with higher unemployment, prevailing poverty, higher crime, public health disparities, faulty lot layouts, abandoned buildings and unsafe structures, property violations, and unsanitary and unsafe conditions due to environmental contamination. The magnitude of the 40 years of decline, decay and neglect cannot be corrected by 2030. As such, this Assessment conclusively supports a finding that within the Study Area, one or more slum and blighted areas exist, including a shortage of housing affordable to residents of low and moderate income, including elderly, and these conditions will exist beyond the current sunset date. 71 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 82 4.1.a Section 13. Appendix (Separate Volume) 1. Miami -Dade County Resolution. 2. Miami -Dade County Memorandum. 3. US Census Data Charts. 4. Notices to Public meetings. 5. Property Slum, & Blight Findings and Property Characteristics. 6. City of Miami Code Enforcement Liens (January 2015 to September 2017). 7. Crime Analysis Request for Direct Arrests (May 2017 to November 2017) for reporting area. 157 and 162, prepared by the City of Miami Police Department. 8. Overtown - Economist Report: Prepared by Andrew Dolkart, Miami Economic Associates. 9. 2017 SEOPW CRA Community Input Survey. 10. Demographics on Income, Household and Poverty. 11. Property Characteristics Report. Acknowledgements • E.L. Waters and Company, LLC Planning Team. • SEOPW CRA Staff. • Miami -Dade County Department of Planning Research & Economic Analysis. 72 Attachment: File # 4374 BACK UP (4374: Request to Accept the Assessment of Need Study in Support Extending the Life of SEOPW CRA) Packet Pg. 83 4.2 SEOPW Board of Commissioners Meeting June 26, 2018 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Keon Hardemon Date: June 19, 2018 File: 4376 and Members of the CRA Board Subject: Resolution authorizing an Amendment to Covenant for Block 46 From: Cornelius Shiver Executive Director Enclosures: File # 4376 Back up BACKGROUND: On January 28, 2014, Block 46 development Agreement was entered into between Sawyers Walk, LTD., Poinciana Village of Miami, LTD. (collectively the "Developer"), and the Southeast Overtown/Park West Community Redevelopment Agency ("CRA"). On April 8, 2014, the Developer and the CRA entered into a Covenant which was recorded on April 9, 2014 in Official Record Book 29102, Page 4177 of the Public Records of Miami -Dade County, Florida. On April 1, 2017, an Amendment to Covenant was entered into between the Developer and the CRA amending the commencement date of construction, stating in part, "...vertical construction must commence on or before July 1, 2018". The parties to seek to execute a Second Amendment to the Covenant. It is recommended that the Board of Commissioners adopt the accompanying Resolution approving the second amendment (the "Amendment") by and between Sawyer's Walk, Ltd., a Florida limited partnership, Poinciana Village of Miami, Ltd., a Florida limited partnership and the Southeast Overtown/Park West Community Redevelopment Agency (the "CRA") to the Amended Covenant dated as of April 1, 2017 (the "Covenant"). The primary purpose of the second amendment is to modify the Covenant to extend the time frame for commencement of vertical construction to February 28, 2019, to make provisions for the receipt of $3,000,000.00 to the CRA, to negotiate that 20% of the housing units are affordable housing units, to remove obligations in Covenant for the CRA to make payments to the Developer, and to impose a monthly fee on the Developer for extending the vertical construction time frame. RECOMMENDATION: Packet Pg. 84 4.2 It is recommended that the Board of Commissioners of the CRA approve and adopt the attached Resolution, with Attachment(s), authorizing the Executive Director to enter into the Amendment in substantially the attached form. Page 2 of 4 Packet Pg. 85 4.2 Southeast Overtown/Park West Community Redevelopment Agency CRA Resolution Enactment Number: File Number: 4376 Final Action Date: A RESOLUTION THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, WITH ATTACHMENTS, AUTHORIZING THE EXECUTIVE DIRECTOR OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY TO EXECUTE A SECOND AMENDMENT TO THE COVENANT REGARDING BLOCK 46 WITH SAWYER'S WALK, LTD. AND POINCIANA VILLAGE OF MIAMI, LTD., IN SUBSTANTIALLY THE ATTACHED FORM. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West Redevelopment Plan; and WHEREAS, the CRA previously entered into a Covenant with Sawyer's Walk, Ltd., a Florida limited partnership and Poinciana Village of Miami, Ltd., a Florida limited partnership (collectively the "Developer") with respect to the development of Block 46 (the "Covenant"); and WHEREAS, the Covenant included certain obligations for the CRA to make payments to the Developer to assist with the cost of the development of Block 46; and WHEREAS, the Developer requested a second amendment to the Covenant to allow for the CRA to extend the time frame for commencement of vertical construction to February 28, 2019; and WHEREAS, The primary purpose of the second amendment is to modify the Covenant to extend the time frame for commencement of vertical construction to February 28, 2019, to make provisions for the receipt of $3,000,000.00 to the CRA, to negotiate that 20% of the housing units are affordable housing units, to remove obligations in Covenant for the CRA to make payments to the Developer, and to impose a monthly fee on the Developer for extending the vertical construction time frame. WHEREAS, it is in the best interest of the CRA that the CRA authorize an amendment to the Covenant. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Page 3 of 4 Packet Pg. 86 4.2 Section 2. The Board of Commissioners hereby authorizes the Executive Director to enter into a second amendment to the Covenant, in substantially the attached form. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ;le fiver, Executive Director 6/19/2018 Page 4 of 4 Packet Pg. 87 4.2.a Prepared by: William R. Bloom, Esq. Holland & Knight LLP 701 Brickell Avenue, Suite 3300 Miami, FL 33131 AMENDED AND RESTATED COVENANT THIS AMENDED AND RESTATED COVENANT (this "Covenant") is made as of the 1st day of July, 2018 (the "Effective Date") by and among SAWYER'S WALK, LTD., a Florida limited partnership ("Sawyer's Walk"); POINCIANA VILLAGE OF MIAMI, LTD., a Florida limited partnership ("Poinciana"; together with Sawyer's Walk, collectively, the "Developer") and the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes (the "CRA", together with the Developer, each a "Party" and collectively, the "Parties"). RECITALS A. The CRA and Developer entered into that Covenant dated as of April 8, 2014 and recorded April 9, 2014 in Official Records Book 29102, at Page 4177 of the Public Records of Miami -Dade County, Florida as amended by the First Amendment to Covenant, by and between the CRA and the Developer dated April 1, 2017 and recorded June 30, 2017 in Official Records Book 30596 at Page 37 of the Public Records of Miami -Dade County, Florida (collectively, the "Original Covenant"). B. Developer and the CRA desire to amend and restate the Original Covenant in its entirety as hereinafter set forth. NOW, THEREFORE, for and in consideration of $10.00 and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals. The Recitals to this Covenant are true and correct and hereby incorporated by reference and made a part hereof. 2. Project. 2.1 Description of the Project. The project (the "Project") to be developed by Developer on the property described on Exhibit "A" attached hereto (the "Property") shall consist of no more than three hundred seventy (370) residential units of which forty (40) shall be Affordable Rental Units, as hereinafter defined, in a building not to exceed eighteen stories in height (plus a basement and mezzanine level) with not less than 10,000 square feet of ground floor commercial space, recreational facilities and amenities which will service the residential units, together with sufficient parking to comply with the applicable zoning code as of the date of submission of the application for a building permit for the Project. For the avoidance of any doubt, the Project shall not exceed eighteen (18) stories in height calculated in accordance with the Miami 21 Zoning Code, in effect as of the date of submission of the application for a building permit for the Project. 1 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 88 4.2.a 2.2 Design of the Project. The Project shall be developed substantially in accordance with the conceptual design documents for Soleste Grand Central Planning and Zoning Submittal dated June 1, 2018 prepared by Carmen. T. Diaz of Caymant Design, Inc. described on Exhibit "B" attached hereto (the "Conceptual Design Documents"). 2.3 Urban Development Review Board. Developer utilizing commercially reasonable efforts, shall diligently pursue obtaining approval ("UDRB Approval") from the City of Miami Urban Development Review Board ("UDRB") for the Project. 2.4 Building Permit. Upon obtaining UDRB Approval, Developer utilizing commercially reasonable efforts, shall diligently pursue obtaining a building permit for the Project. 2.5 Development. Developer covenants and agrees to develop the Project substantially in accordance with the Conceptual Design Documents, subject to any modifications required by the City of Miami in connection with the issuance of the building permit for the Project. Developer shall submit any material variation to the Conceptual Design Documents to the Executive Director of the CRA (the "Executive Director") for approval, which approval shall not be unreasonably withheld or delayed and which approval shall be given if the variations to the Conceptual Design Documents are in accordance with the spirit and intent of the Conceptual Design Documents. The Executive Director may only disapprove any proposed material variations to the Conceptual Design Documents if such proposed variations are not in accordance with the spirit and intent of the Conceptual Design Documents. The Executive Director shall have ten (10) days from the receipt of the request for approval for any material variation to the Conceptual Design Documents to approve or disapprove the same. If the Executive Director fails to provide a written response within such ten (10) day period, the material variations to the Conceptual Design Documents shall be deemed approved. In the event of disapproval, the Executive Director shall specify the reason for disapproval in writing and in reasonable detail. In the event of any such disapproval, the Executive Director and Developer shall in good faith, attempt to resolve any disputes regarding the proposed variations. If the Developer and the Executive Director do not resolve their disagreement over the nature of the proposed variations to the Conceptual Design Documents, either the Developer or the CRA may submit the dispute to Arbitration, as hereinafter defined for resolution, which Arbitration shall be binding on the Parties. 2.6 Certificate Evidencing Compliance. Upon Developer obtaining a building permit for the Project based upon plans and specifications substantially in accordance with the Conceptual Design Documents, as same may be modified as permitted pursuant to Section 2.5, at the request of the Developer, the Executive Director shall execute a certificate in recordable form confirming that the plans and specifications comply with the requirements of this Covenant. 3. DEVELOPMENT TIMEFRAME. 3.1 Commencement of Construction. Subject to extension for Unavoidable Delay and/or extension pursuant to Section 3.2, Developer must commence Vertical Construction of the Project on or before two (2) years from the Effective Date, time being of the essence (the "Commencement of Construction Deadline"). The term "Vertical Construction" shall mean that Developer has (i) obtained either a foundation permit or a building permit for the construction of the Project in accordance with the plans and specifications complying with the requirements of 2 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 89 4.2.a Section 2.5 to enable Developer to commence construction of the Project; (ii) obtained or caused its general contractor to obtain payment and performance bonds in the form of AIA Document 312 (2010 Edition), in an amount equal to one hundred percent (100%) of the amount of the general contract for construction of the entire Project, which shall be issued by a surety having a credit rating of "A" or higher with a financial size category rating of VII or higher in the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey (the "Payment and Performance Bond"); or Robert Suris and The Estates Companies, a Florida corporation or one of its affiliates or related companies, such as Estate Investments Group, LLC, a Florida limited liability company, provided such entity has a liquid net worth of not less than $2,000,000.00, have executed and delivered to the Executive Director a guaranty completion of the Project substantially in accordance with the plans and specifications in favor of the CRA substantially in the form of Exhibit "C" attached thereto (the "Guaranty"); and (iii) commenced Vertical Construction. The Project must be substantially completed within thirty-six (36) months after commencement of Vertical Construction of the Project (the "Completion Date"), as evidenced by one or more temporary or permanent certificates of occupancy (or their equivalent) for all of the residential units comprising the Project and a certificate of completion (or its equivalent) for all of the commercial space (collectively, "Completion"). For the avoidance of any doubt, the shell of the commercial space must be completed, however it is not required that the commercial space be built out so that it be ready to be occupied by a commercial tenant. The Commencement of Construction Deadline and the Completion Date shall automatically be extended one day for each day of Unavoidable Delay. The term "Unavoidable Delay" means delays due to area wide strikes, area wide unavailability of materials, acts of God, floods, hurricanes, casualties, fire, acts of the public enemy and governmental imposed moratorium. The term Unavoidable Delay shall not include any delays caused by any other source, including, but not limited to, delay caused by lack of funds or any governmental entity acting in its proprietary or regulatory capacity (other than governmental delays in such capacity caused by Acts of God, floods, hurricanes, fire, acts of the public enemy, governmental moratoriums or other casualties). To the extent that the Developer believes an Unavoidable Delay has occurred, the Developer shall provide written notice to the Executive Director within ten (10) days after the date the Developer first becomes aware of such claimed Unavoidable Delay and the anticipated duration Developer shall also advise Executive Director, in writing, when Developer claims the claimed Unavoidable Delay has ended. If Developer and the Executive Director disagree as to whether an Unavoidable Delay has occurred or the length of any Unavoidable Delay and the Parties are not able to agree with thirty (30) days of the first occurrence of such dispute either party may submit the dispute to Arbitration, as hereinafter defined, for resolution, which Arbitration shall be binding on the Parties. 3.2 Extension of Vertical Construction Deadline. Developer shall have the right to extend the Commencement of Construction Deadline, as extended for Unavoidable Delay, for up to thirty-six (36) months by paying to the CRA Ten Thousand and No/100 Dollars ($10,000.00) per month for each monthly extension on or before the than Commencement of Construction Deadline, as same may be extended as a result of Unavoidable Delay, for the first twelve (12) monthly extensions of the Commencement of Construction Deadline, Twenty Thousand and No/100 Dollars ($20,000.00) for each monthly extension thereafter before the then Commencement of Construction Deadline for the next twelve (12) monthly extensions and Thirty Thousand and No/100 Dollars ($30,000.00) for each monthly extension thereafter before the then Construction Completion Date, for a total of thirty-six (36) monthly extensions. For the avoidance 3 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 90 4.2.a of doubt, the Developer shall not have any obligation to pay the CRA for any extension of the Commencement of Construction Deadline caused by Unavoidable Delay. 3.3 Extension of Completion Date. Developer shall have the right to extend the Completion Date, as same may be extended as a result of Unavoidable Delay, for six (6) periods of thirty (30) days each by paying to the CRA Ten Thousand and No/100 Dollars ($10,000.00) for each such thirty (30) day extension on or before the then Completion Date as same may have been extended as a result of Unavoidable Delay. For the avoidance of doubt, the Developer shall have no obligation to pay the CRA for any extension of the Completion Date caused by Unavoidable Delay. 3.4 Failure to Comply with Commencement of Construction Deadline. If Developer fails to commence Vertical Construction on or before the Commencement of Construction Deadline as same may be extended for Unavoidable Delay and/or as same may be extended pursuant to Section 3.2, for any reason or no reason, title to the Property shall automatically revert to the CRA, free and clear of any and all claims by the Developer and parties claiming by, through and under the Developer. In such event, at the request of the Executive Director, the Developer shall deliver a quit claim deed conveying the Property to the CRA. If Developer commences Vertical Construction on or before the Commencement of Construction Deadline as same may be extended for Unavoidable Delay and/or as same may be extended pursuant to Section 3.2, and Developer has delivered to the Executive Director the Guaranty complying with the requirements of Section 3.1, the CRA shall promptly execute and deliver to the Developer a recordable document releasing the reverter provisions of this Section 3.4 in form and substance reasonably acceptable to the Developer. 3.5 Failure to Complete the Project. If Developer fails to achieve Completion prior to the Completion Date, as same may be extended as a result of Unavoidable Delay and as same may be extended pursuant to the terms of Section 3.3, Developer shall pay to the CRA One Thousand and No/100 Dollars ($1,000.00) per day for each day between the Completion Date, as same may be extended as a result of Unavoidable Delay and as same may be extended pursuant to the terms of Section 3.3, until Completion. Said amount shall be due and payable within thirty (30) days after the Completion. Upon payment of any amount due pursuant to this Section 3.5, at the request of the Developer, the CRA shall promptly execute and deliver to the Developer a recordable instrument reflecting the Developer is released from its obligations under this Section 3.5 in form and substance reasonably acceptable to the Developer. 3.6 Certificate Evidencing Completion. Upon Developer achieving Completion and complying with all the requirements of this Section 3, the Executive Director shall execute and deliver to the Developer a certificate in recordable form confirming that Developer has complied with the Commencement of Construction Deadline and completed the Project in accordance with the requirements of Section 2.5 on or before the Completion Date, as same may be extended as a result of Unavoidable Delay and as same may be extended pursuant to the terms of Section 3.3. 4 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 91 4.2.a 4. MINORITY AND WOMEN'S PARTICIPATION AND EQUAL EMPLOYMENT OPPORTUNITY. 4.1 Minority and Women Participation and Equal Opportunity. In connection with the Project, the Developer agrees that it will: 1. Take definitive action in the recruitment, advertising and to attract and retain minority and female contractors and subcontractors; 2. Provide a reasonable opportunity in the recruitment, advertising and hiring of professionals, contractors and subcontractors residing within the Redevelopment Area, as hereinafter defined, and within the City of Miami; 3. Take reasonable definitive action in retaining employees regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veterans and disability status; 4. Maintain equitable principles in the recruitment, advertising, hiring, upgrading, transfer, layoff, termination, compensation and all other terms, conditions and privileges of employment; 5. Monitor and review all personnel practices to utilize commercially reasonable efforts to guarantee that equal opportunities are being provided to all employees regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veterans and disability status; 6. Post in conspicuous places, accessible to employees and applicants for employment, notices in a form to be provided to the Executive Director, setting forth the non-discrimination clauses of this Section 4; and 7 In all solicitations and advertisements for employment placed by or on behalf of Developer, state that all applicants will receive consideration for employment without regard to race, creed, color or national origin. 4.2 Participation Requirements. Developer agrees to comply with the following subcontractor participation requirements and laborer participation requirements (the "Participation Requirements") with respect to the Project: 4.2.1 Subcontractor Participation. The Developer shall require its general contractor to hire not less than twenty percent (20%) of the subcontractors for the construction of the Project ("Subcontractor Participation Requirement") utilizing companies that have their principal place of business within Miami -Dade County, Florida, giving first priority to subcontractors whose principal place of business is in the Southeast Overtown/Park West Community Redevelopment Area (the "Redevelopment Area"), second priority to subcontractors 5 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 92 4.2.a whose principal place of business is in Overtown, third priority to subcontractors whose principal place of business is within District 5 of the City of Miami, fourth priority to subcontractors whose principal place of business is in the City of Miami and last priority to subcontractors whose principal place of business is in Miami -Dade County, Florida. The percentage of subcontractor participation for purposes of evaluating the Developer's compliance with the Subcontractor Participation Requirement shall be calculated by dividing: (i) the total dollar value of each subcontract entered into by the general contractor for the Project given to subcontractors whose principal place of business is in Miami -Dade County, Florida by (ii) the total dollar value of all subcontracts entered into by the general contractor for the Project. 4.2.2 Laborer Participation. The Developer shall require its general contractor and all subcontractors to hire forty percent (40%) of the unskilled labor for the construction of the Project ("Laborer Participation Requirement") from workers residing in Miami -Dade County, Florida giving first priority to workers residing in the Redevelopment Area, second priority to workers residing in Overtown, third priority to workers residing in District 5 of the City of Miami, fourth priority to workers residing in the City of Miami and last priority to workers residing in Miami -Dade County, Florida. The percentage of laborer participation for purposes of evaluating the Developer's compliance with the Laborer Participation Requirement shall be calculated by dividing: (i) the total number of unskilled laborers hired by the general contractor and all subcontractors for the Project who reside in Miami -Dade County, Florida by (ii) the total number of unskilled laborers hired by the general contractor and all subcontractors for the Project. 4.2.3 Disputes. In the event of any disputes between the Executive Director and the Developer as to where any subcontractor has its principal place of business or where any laborer resides and whether the Developer complied with the priority requirements, the Developer and the Executive Director shall proceed in good faith to resolve the dispute. In the event the dispute is not resolved within thirty (30) days either party may submit the dispute to Arbitration for resolution, which Arbitration shall be binding on the Parties. 4.3 Report Requirements. The Developer shall be required to submit to the Executive Director on a quarterly basis commencing ninety (90) days after commencement of Vertical Construction of the Project, detailed reports evidencing compliance with the Subcontractor Participation Requirement and the Laborer Participation Requirement during the prior ninety (90) day period ("Participation Reports"). The Participation Reports shall contain such information as the Executive Director may reasonably require to enable the Executive Director to determine whether the Developer is in compliance with the Subcontractor Participation Requirement and the Laborer Participation Requirement with respect to the Project. 4.3.1 Penalties for Non -Compliance with Subcontractor Participation Requirement. To the extent Developer fails to comply with the Subcontractor Participation Requirement, with respect to the Project, Developer shall pay to the CRA, as a penalty for such non-compliance, Two Thousand Five Hundred and No/100 Dollars ($2,500.00) for each percentage point below the Subcontractor Participation Requirement (the "Subcontractor Non - Compliance Funds") with respect to the Project. The Subcontractor Non -Compliance Funds shall be calculated by the Executive Director after completion of the Project and shall be due and payable within thirty (30) days after the date of Developer's receipt of written statement from the 6 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 93 4.2.a Executive Director stating the amount of Subcontractor Non -Compliance Funds due with respect to the Project. By way of example, upon completion of the Project, if the total dollar value of all subcontracts entered into by the general contractor with subcontractors whose principal place of business is in Miami -Dade County, Florida is $15,000 and the total dollar value of all subcontracts entered into by the general contractor with subcontractors for the Project is $100,000, then the Subcontractor Non -Compliance Funds due to the CRA shall be $12,500 (i.e. 20% - ($15,000/$100,000) = 5% x 100 = 5 x $2,500 = $12,500). To the extent of any dispute between the Executive Director and the Developer with respect to the compliance with the Subcontractor Participation Requirement, such dispute may be submitted to by either Party to Arbitration for resolution, which Arbitration shall be binding on the Parties. 4.3.2 Penalties for Non Compliance with Laborer Participation Requirement. To the extent Developer fails to comply with the applicable Laborer Participation Requirement, with respect to the Project, Developer shall pay to the CRA as a penalty for such non-compliance, One Thousand and No/100 Dollars ($1,000.00) for each percentage point below the Laborer Participation Requirement (the "Laborer Non -Compliance Fund") with respect to the Project. The Laborer Non -Compliance Funds shall be calculated by the Executive Director after completion of the Project and shall be due within thirty (30) from Developer's receipt of written statement from the Executive Director stating the amount of Laborer Non -Compliance Funds due. By way of example, upon completion of the Project, if the total number of unskilled laborers hired by the general contractor and all subcontractors for the Project who reside in Miami - Dade County, Florida is 30 and the total number of all unskilled laborers hired by the general contractor and all subcontractors for the Project is 100 then the Laborer Non -Compliance Funds due to the CRA shall be $10,000 (i.e., 40% - (30/100) = 10% x 100 = 10 x $1,000 = $10,000). To the extent of any dispute between the Executive Director and the Developer with respect to compliance with the Laborer Participation Requirements, such dispute may be submitted by either Party to Arbitration for resolution, which Arbitration shall be binding upon the Parties. 4.4 Job Fair. 4.4.1 Construction Job Opportunities. Developer shall disseminate information regarding job opportunities for local area residents and businesses to allow them to participate in construction of the Project, including, without limitation, hosting at least two (2) job fairs within the Redevelopment Area prior to the commencement of the Project. 4.4.2 Permanent Job Opportunities. Developer shall broadly disseminate information regarding job opportunities for local residents and businesses post -construction, with respect to the Project, including newly generated trade and service related jobs upon completion of the Project, including, without limitation, hosting at least one (1) job fair within the Redevelopment Area within a reasonable period of time after Completion of the Project. 4.5 Release of Obligations under Section 4. Upon Completion of the Project and payment to the CRA of any amounts due pursuant to Sections 4.3.1 and 4.3.2, Developer shall have no further obligations to comply with, and shall be automatically released from, the provisions of this Section 4 and at the request of the Developer the CRA shall execute and deliver to the Developer a recordable instrument reflecting that Developer is released from its obligations under this Section 4 in form and substance reasonably acceptable to the Developer. 7 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 94 4.2.a 4.6 Compliance Monitoring Contract. Executive Director shall select and retain, prior to the issuance of any construction permits for the Project, a firm to review the Participation Reports submitted by the Developer and audit the same, as well as audit Developer's compliance with this Agreement (the "Compliance Monitoring Contract"). The Developer shall reimburse the CRA on a quarterly basis for the actual, out-of-pocket third party costs incurred by the CRA under the Compliance Monitoring Contract, which shall not exceed Fifteen Thousand and No/100 Dollars ($15,000.00) quarterly. The Compliance Monitoring Contract shall commence within ten (10) days after the commencement of Vertical Construction of the Project. 5. RENTAL HOUSING REQUIREMENTS. 5.1 Housing Restrictions. (a) The CRA and the Developer agree that with respect to forty (40) residential units (the "Affordable Rental Units"): (i) ten (10) of the Affordable Rental Units shall be made available for individuals and/or families earning up to eighty percent (80%) of AMI; (ii) fifteen (15) of the Affordable Rental Units shall be made available for individuals and/or families earning more than eighty percent (80%) of AMI up to one hundred percent (100%) of AMI; and (iii) fifteen (15) of the Affordable Rental Units shall be made available for individuals and/or families earning more than one hundred percent (100%) of AMI and up to one hundred twenty percent (120%) of AMI. (b) "AMI" shall mean the then applicable median family income for Miami -Dade County as published annually by the U.S. Depailiiient of Housing and Urban Development. (c) In the event that Developer exceeds the requirements in Section 5.1(a)(i), same will reduce the requirement with respect to Section 5.1(a)(ii). (d) In the event Developer exceeds the requirements in Section 5.1(a)(i) and 5.1(a)(ii), in the aggregate, same will reduce the requirements in Section 5.1(a)(iii). (e) The forty (40) Affordable Rental Units shall consist of up to fifteen (15) studio units with a minimum size of 375 square feet, up to fourteen (14) one bedroom one bath units with a minimum size of five hundred (500) square feet and a minimum of eleven (11) two bedroom two bath units with a minimum size of seven hundred and fifty (750) square feet. Not all units in the Project will have balconies, provided that the number of units of the Project that have balconies will be distributed throughout the Project so that the Affordable Rental Units with balconies will be proportionate to the total number of units in the Project that have balconies. (f) The Affordable Rental Units shall be equitable distributed throughout the Project below the eleventh (11th) floor of the Project. (g) The unit mix established by the Developer pursuant to Section 5.1(e) of studio, one bedroom and two bedroom units shall be proportionately leased to Lower -Income Tenants, Modest -Income Tenants and Moderate -Income Tenants, as those terms are hereinafter defined. For example if there are fourteen (14) studio units, fourteen (14) one bedroom units and twelve (12) two bedrooms two bath units, then four (4) studio units would be leased to Lower- 8 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 95 4.2.a Income Tenants, three (3) one bedroom units would be leased to Lower -Income Tenants and three (3) two bedroom two bath units would be leased to Lower -Income Tenants. (h) For the purpose of this Section 5.1, a unit occupied by an individual or family who at the commencement of the occupancy of such unit is a Lower -Income Tenant, a Moderate -Income Tenant or a Modest -Income Tenant such unit shall be counted as occupied by a Lower -Income Tenant, a Moderate -Income Tenant or a Modest -Income Tenant, as the case may be, during such individual's or family's tenancy in such unit, even though such individual or family ceases to be a Lower -Income Tenant, a Moderate -Income Tenant or a Modest -Income Tenant, as the case may be. In addition, a vacant unit that was occupied by a Lower -Income Tenant, a Moderate -Income Tenant or a Modest -Income Tenant shall be counted as occupied by a Lower - Income Tenant, a Moderate -Income Tenant or a Modest -Income Tenant, as the case may be, for a temporary period of not more than thirty-one (31) days after they vacate such unit, at which time the unit shall be considered to be occupied by a Lower -Income Tenant, a Moderate -Income Tenant or a Modest -Income Tenant only if the individual or family then occupying the unit satisfies the definition of a Lower -Income Tenant, a Moderate -Income Tenant or a Modest -Income Tenant, as the case may be. Notwithstanding anything contained in this Covenant to the contrary, the Developer shall have the right (at its sole and absolute discretion) from time -to -time, but not obligation, to perform renovations and maintenance to and in any residential unit in the Project, including, without limitation any Affordable Rental Units ("Optional Unit Renovations"), and to the extent any Optional Unit Renovations are being performed on any Affordable Rental Unit that was occupied by a Lower -Income Tenant, a Moderate -Income Tenant or a Modest -Income Tenant, as the case may be, at least six (6) months prior to commencement of such Optional Unit Renovations, then such Affordable Rental Unit shall be counted as occupied by a Lower -Income Tenant, a Moderate -Income Tenant or a Modest -Income Tenant, as the case may be, until the earlier of (i) the completion of such Optional Unit Renovations and (ii) the date that is six (6) months after commencement of such Optional Unit Renovations. 5.2 Definitions and Interpretation Applicable to Affordable Rental Units. (a) The following terms shall have the respective meanings set forth below: "Applicable Income Limit" means, with respect to Lower -Income Tenants, the applicable income limit set forth in the definition of "Lower -Income Tenants" herein, with respect to "Modest -Income Tenants" the applicable income limit set forth in the definition section of "Modest -Income Tenant" herein, and with respect to Moderate -Income Tenants, the applicable income limit set forth in the definition of "Moderate -Income Tenants" herein. "Available Units" means Affordable Rental Units in the Project that are actually occupied and Affordable Rental Units in the Project that are unoccupied and have been leased at least once after becoming available for occupancy. "Certificate of Continuing Program Compliance" means the certificate required to be delivered by the Developer to the CRA pursuant to Section 5.3(d) of this Covenant. 9 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 96 4.2.a "Code" means the Internal Revenue Code of 1986, as amended. Any reference to a Code section shall include any successor provision; provided that if the Internal Revenue Code is amended to eliminate corresponding provisions in connection with low income housing tax credits, then reference shall be to such provision of the Code immediately prior to such amendment. "County" means Miami -Dade County, Florida. "FHFC" means the Florida Housing Finance Corporation. "HUD" means the United States Depat tment of Housing and Urban Development or any successor agency. "Income Certification" means a tenant income certificate in a form acceptable to the CRA (the CRA agrees that a tenant income certificate that is in a form acceptable to HUD or FHFC will be acceptable to the CRA). "Lower -Income Tenants" means one or more natural persons or a family, whose income, determined in a manner consistent with Section 42(g)(1) of the Code, does not exceed eighty percent (80%) of the then current median family income for Miami -Dade County, Florida, Standard Metropolitan Statistical Area, determined in a manner consistent with Section 42(g)(1) of the Code, including adjustments for family size. "Manager" means any agent hired by or on behalf of the Developer to operate and manage the Affordable Rental Units. "Moderate -Income Tenants" means one or more natural persons or a family, whose income, determined in a manner consistent with Section 42(g)(1) of the Code, does not exceed one hundred twenty percent (120%) of the then current median family income for Miami -Dade County, Florida, Standard Metropolitan Statistical Area, determined in a manner consistent with Section 42(g)(1) of the Code, including adjustments for family size. "Modest —Income Tenants" means one or more natural persons or a family, whose income, determined in a manner consistent with Section 42(g)(1) of the Code, does not exceed one hundred percent (100%) of the then current median family income for Miami -Dade County, Florida, Standard Metropolitan Statistical Area, determined in a manner consistent with Section 42(g)(1) of the Code, including adjustments for family size. "Qualified Project Period" means the 30-year period beginning on the first day after Completion. "State" means the State of Florida. (b) Unless the context clearly requires otherwise, as used in this Covenant, words of the masculine, feminine or neuter gender shall be construed to include any other gender when appropriate and words of the singular number shall be construed to include the plural number, and vice versa, when appropriate. This Covenant and all the terms and provisions hereof shall be construed to effectuate the purposes set forth herein and to sustain the validity hereof during the Qualified Period. 10 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 97 4.2a (c) The titles and headings of the sections of this Covenant have been inserted for convenience of reference only, and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof or be considered or given any effect in construing this Covenant or any provisions hereof or in ascertaining intent, if any question of intent shall arise. 5.3 Affordable Rental Units. The Developer hereby represents, covenants, warrants and agrees that, during the term of Qualified Project Period: (a) The Developer, its successors and assigns will acquire, construct, own and operate the Affordable Rental Units for the purpose of providing a multifamily residential rental project, and the Affordable Rental Units shall be continually owned, managed and operated as multifamily residential rental properties during the Qualified Period. (b) Each Affordable Rental Unit in the Project shall be contained in one or more buildings or structures located on the Property and shall be similarly designed, appointed and constructed as the other residential units in the Project (except as to number of bedrooms and bathrooms), each of which will contain complete facilities for living, sleeping, eating, cooking and sanitation for an individual or a family, including a living area, a sleeping area (which living and sleeping area will be combined for studio units), bathing and sanitation facilities and cooking facilities equipped with a cooking range, refrigerator and sink, all of which are separate and distinct from the other units. (c) None of the Affordable Rental Units in the Project will at any time be (1) utilized on a transient basis, (2) used as a hotel, motel, dormitory, fraternity or sorority house, rooming house, nursing home, hospital, sanitarium, rest home, trailer court or park, or (3) rented for initial lease periods of less than six months. (d) All of the Affordable Rental Units will be rented or available for rent on a continuous basis, except during renovations, to members of the general public, and the Developer will not give preference to any particular class or group of persons in renting the Affordable Rental Units, except to the extent that units are required to be leased or rented to Lower - Income Tenants, Modest -Income Tenants, or Moderate -Income Tenants. Lower -Income Tenants, Modest -Income Tenants and Moderate -Income Tenants will have equal access to and enjoyment of all common facilities of the Project. Notwithstanding any of the requirements set forth herein to the contrary, all tenants of the Affordable Rental Units shall be required to comply with the rules and regulations of the Project which shall be enforced in a non-discriminatory manner The Developer will not discriminate against children of any age when renting the Affordable Rental Units. For the avoidance of doubt, as a condition of occupancy or leasing, all tenants of the Project, including, but not limited to, Lower -Income Tenants, Modest -Income Tenants, or Moderate - Income Tenants, must prepay one month's rent and a security deposit; provided, that the security deposit for any Affordable Rental Unit shall not exceed one additional month's rent and all tenants must obtain renter's insurance in amounts (including applicable deductibles) reasonably required by the Developer. 11 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 98 4.2.a (e) The Developer shall maintain "all risk" property insurance on the Project at 100% of replacement cost, with deductible amounts which are commercially reasonably consistent with other similar properties. 5.4 Reporting Requirements. During the term of this Qualified Project Period, the following shall apply to each of the Affordable Rental Units: (a) Income Certifications shall be obtained from each occupant (i) no less than one day prior to the time of initial occupancy of the unit by such occupant, and (ii) no less frequently than once each year thereafter. (b) The Developer shall maintain on file at the Project copies of the Income Certifications specified in Section 5.4(a) hereof for a period of time of six (6) years, and shall provide copies thereof to the CRA promptly upon request. (c) The Developer shall maintain at the Project complete and accurate records pertaining to the incomes of (as of the date of initial occupancy of each tenant and not less than annually thereafter) and rentals charged to Lower -Income Tenants, Modest -Income Tenants, and Moderate -Income Tenants residing in the Affordable Rental Units, and shall permit during normal business hours and upon five business days' prior written notice to the Developer, any duly authorized representative of the CRA to inspect, at the Project, the books and records of the Developer pertaining to the incomes of and rentals charged to all tenants residing in the Affordable Rental Units. (d) The Developer shall prepare and submit to the CRA at the beginning of the Qualified Project Period, and on or before the tenth day of each January (and if the tenth of January falls on a weekend or holiday, submission must be made the day before) thereafter, a Certificate of Continuing Program Compliance in the form attached hereto as Exhibit "D," executed by the Developer stating (i) the percentage of Affordable Rental Units that were occupied by Lower -Income Tenants and the unit mix of rental units that were occupied by Lower -Income Tenants; (ii) the percentage of Affordable Rental Units that were occupied by Modest -Income Tenants and the unit mix of rental units that were occupied by Modest -Income Tenants, (iii) the percentage of Affordable Rental Units that were occupied by Moderate -Income Tenants and the unit mix of rental units that were occupied by Moderate -Income Tenants; (iv) the percentage of Affordable Rental Units that were vacant and (v) that at all times during the previous year, all of the Affordable Rental Units were occupied (or deemed occupied) by Lower -Income Tenants, Modest -Income Tenants, or Moderate -Income Tenants (as determined in accordance with this Section 5) and of, to the Developer's knowledge, no default has occurred under this Covenant or, if the units failed to be so occupied, or such a default has occurred, the nature of such failure or default and the steps, if any, the Developer has taken or proposes to take to correct such failure or default. If any such report indicates that the vacancy rate at the Affordable Rental Units is 10% or higher, the CRA shall be permitted during normal business hours and upon five business days' notice to the Developer, to inspect all or some of the vacant units to determine to its reasonable satisfaction that such vacant units are ready and available for rental. (e) No later than one hundred twenty (120) days after the end of each year, the Developer shall submit to the CRA a certification by an independent compliance agency 12 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 99 4.2.a which is selected by the Developer and reasonably acceptable to the CRA (the CRA hereby approves any independent compliance agency selected by the Developer which is then currently engaged by FHFC as the independent compliance agency for the Project), evidencing compliance or non-compliance with Section 5.1 and 5.3 hereof. (f) In the event that the Developer fails to submit to the CRA the items which the Developer is required to submit under paragraphs (d) and (e) above on or before the date required, the Developer shall be liable for the payment to the CRA of a late fee of $100.00 per day which shall be payable within ten business days of written notification from the CRA of the amount of such late fee. (g) If the certificate prepared by the independent compliance agency in accordance with Section 5.4(e) provides that the Developer has failed to comply with the requirements of Section 5.1, or 5.3, as applicable, then in such event, the Developer shall pay to the CRA, as a penalty for non-compliance with such requirements, the sum of (i) $1,000 for the initial unit which is not in compliance, (ii) $2,500 for a second unit which is not in compliance, and (iii) $5,000 for each additional unit which is not in compliance, all determined on an annual basis, based upon such certificate. Amounts, if any, due from the Developer in accordance with this Section 5.4(g) shall be calculated annually as of each January 1 and paid by the Developer within thirty (30) days of issuance of the certificate in accordance with Section 5.4(e). The failure of the Developer to timely pay the amount due under this Section 5.4(g) shall constitute a default under this Covenant and shall bear interest at twelve percent (12%) per annum until paid. 5.5 Fair Housing Laws. The Developer will comply with all applicable fair housing laws, rules, regulations or orders applicable to the Project and shall not discriminate on the basis of race, color, sex, religion, familial status, handicap/disability, or national origin in the lease, use or occupancy of the Project or in connection with the employment or application for employment of persons for the operation and management of the Project. 5.6 Tenant Lists. All tenants lists, applications, and waiting lists (if any) relating to the Affordable Rental Units shall at all times be kept separate and identifiable from any other business of the Developer which is unrelated to the Project, and shall be maintained, as reasonably required by the CRA from time to time, in a reasonable condition for proper audit and subject to examination during business hours by representatives of the CRA. Failure to keep such lists and applications or to make them available to the CRA will be a default hereunder unless cured by the Developer within thirty (30) days from the date of the Developer's receipt of written notice of such breach from the CRA. 5.7 Tenant Lease Restrictions. All tenant leases with respect to the Affordable Rental Units shall contain clauses, among others, wherein each individual lessee: (a) Certifies the accuracy of the statements made in the Income Certification; (b) Agrees that the family income, family composition and other eligibility requirements shall be deemed substantial and material obligations of such lessee's tenancy; that such lessee will comply promptly with all requests for information with respect 13 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 100 4.2.a thereto from the Developer or the CRA, and that such lessee's failure to provide accurate information in the Income Certification or refusal to comply with a request for information with respect thereto shall be deemed a violation of a substantial obligation of such lessee's tenancy; and (c) Agrees not to sublease to any person or family who does not execute, and deliver to the Developer or the CRA, an Income Certification. 5.8 Force Majeure. Notwithstanding anything contained this Section 5 to the contrary, in the event the Developer shall be delayed or hindered in or prevented from the performance of any act required under this Section 5 by reason of strikes, acts of God, floods, hurricanes, casualties, fore, acts of the public enemy, lockouts, labor troubles, inability to procure materials, failure of power, restrictive laws, riots, insurrection, terrorist acts, war or other reason beyond the reasonable control of and not the fault of the Developer (collectively, "Force Majeure"), then performance of such act shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such Force Majeure delay. For the avoidance of any doubt, this definition of Force Majeure only applies with respect to this Section 5. 6. PAYMENTS TO CRA AND REVERSION OF TITLE. 6.1 In consideration of the CRA agreeing to enter into this Covenant the Developer covenants and agrees to pay to the CRA Three Million and no/100 Dollars ($3,000,000.00) payable as follows: 6.1.1 Within two (2) business days after the Effective Date Developer shall deliver written confirmation from Cozen O'Connor, P.C., a Pennsylvania professional corporation ("Escrow Agent") confirming that Developer has deposited Two Hundred Fifty Thousand and no/100 Dollars ($250,000.00) (the "Escrow Deposit") into such Escrow Agent's trust account. The Escrow Deposit shall be paid by Escrow Agent as provided in Section 6.3. If Escrow Agent does not confirm, in writing, that Developer has deposited the Escrow Deposit within the two (2) business day period, for any reason or no reason, title to the Property will automatically revert to the CRA, free and clear of any and all claims by the Developer and any parties claiming by, through or under the Developer. In such event, at the request of the Executive Director, the Developer shall execute and deliver to the Executive Director a quit claim deed conveying the Property to the CRA. 6.1.2 If this Covenant is not terminated by the Developer pursuant to Section 6.3.1, on or prior to December 31, 2018 (as may be extended, the "Final Balance Due Date"), Developer shall pay to the CRA Two Million Seven Hundred Fifty Thousand and No/100 Dollars ($2,750,000.00) less any amounts paid by Developer to the CRA pursuant to Section 6.2 (the "Final Balance"). Developer may extend the Final Balance Due Date for up to three (3) months by paying to the CRA Twenty -Five Thousand and No/100 Dollars ($25,000.00) per month for each monthly extension on or before the then Final Balance Due Date. Such monthly extension payments shall not be credited against the Final Balance. 6.2 Commencing on July 1, 2018, and on the first day of each and every month thereafter through the earlier to occur of (i) the date upon which the Developer receives all 14 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 101 4.2.a documents, signatures, approvals, consents, waivers and other authorizations, which Developer, in its sole and absolute discretion, deems necessary or advisable to terminate the Shared Amenities Agreement between Developer and Poinciana Village Association dated March 31, 2014 and recorded April 9, 2014 in Official Records Book 29102, at Page 4204 of the Public Records of Miami -Dade County, Florida (the "Termination of the Shared Facilities Agreement") and otherwise enter into, or receive any agreements, easements, rights of egress and ingress, authorizations, approvals, consents, waivers, authorizations and other documents from the Poinciana Village Association, the respective unit owners, and other related parties in the Developer's sole discretion necessary or advisable for the construction, completion and operation of the Project, each in form and substance satisfactory to the Developer (together with the Termination of the Shared Facilities Agreement, the "Poinciana Village Approvals") and (ii) October 31, 2018, Developer shall pay to the CRA Twelve Thousand Five Hundred and No/100 Dollars ($12,500.00). The Developer shall give the Executive Director and Escrow Agent written notice of the date of the Developer obtaining the Poinciana Village Approvals. 6.3 Reversion of Title to the Property. 6.3.1 Developer acknowledges and agrees that if the Poinciana Village Approvals, in form and substance acceptable to the Developer, in Developer's sole discretion, are not obtained on or before October 31, 2018, Developer may terminate this Covenant by written notice to the Executive Director and Escrow Agent on or before October 31, 2018 in which event Escrow Agent shall promptly deliver the Escrow Deposit to the Developer and title to the Property shall automatically revert to the CRA, free and clear of any and all claims by the Developer and any parties claiming by, through and under the Developer. In such event, at the request of the Executive Director, the Developer shall deliver to the Executive Director a quit claim deed conveying the Property to the CRA. If Developer does not terminate this Agreement on or before October 31, 2018 or if Developer has provided written notice to the Executive Director and the Escrow Agent that the Poinciana Village Approvals have been obtained prior to October 31, 2018, then Escrow Agent shall promptly pay the Escrow Deposit to the CRA which shall be non- refundable. 6.3.2 If Developer does not pay to the CRA the Final Balance on or before the Final Balance Due Date as same may be extended, for any reason or no reason title to the Property shall automatically revert to the CRA, free and clear of any and all claims by the Developer and any parties claiming by, through and under the Developer. In such event, at the request of the Executive Director, the Developer shall deliver to the Executive Director a quit claim deed conveying the Property to the CRA. 7. REAL ESTATE TAXES. 7.1 It is the intention of the CRA and the Developer that, except with respect to the Affordable Units, the Property and the Project shall be taxable (other than homestead, widowers, veterans or similar exemptions authorized under Article VII, Section 3(g) and Article VII, Section 6 of the Florida Constitution) for the purposes of ad valorem real estate taxes and that the Developer and its successors or assigns shall not take advantage of any tax exemptions (other than homestead, widowers, veterans or similar exemptions authorized under Article VII, Section 3(g) and Article VII, Section 6 of the Florida Constitution and exemptions available with respect 15 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 102 4.2.a to the Affordable Units) which may allow the Developer or its successors or assigns not to be required to pay any ad valorem real estate taxes with respect to the Property and the Project. In the event, for any reason, the Property and the Project is not subject to ad valorem real estate taxes as a result of an exemption (other than homestead, widowers, veterans or similar exemptions authorized under Article VII, Section 3(g) and Article VII, Section 6 of the Florida Constitution and exemptions available with respect to the Affordable Units), then the Developer shall pay to the CRA with respect to the Property and the Project for which the property appraiser has given an assessed value which is subject to an exemption (other than homestead, widowers, veterans or similar exemptions authorized under Article VII, Section 3(g) and Article VII, Section 6 of the Florida Constitution and exemptions available with respect to the Affordable Units) a payment in lieu of taxes (a "PILOT") on or before December 31 of each year in the amount of ad valorem real estate taxes that would have been due with respect to the Property and the Project if the Property and the Project had not been exempt from the payment of ad valorem real estate taxes (other than homestead, widowers, veterans or similar exemptions authorized under Article VII, Section 3(g) and Article VII, Section 6 of the Florida Constitution and exemptions available with respect to the Affordable Units). 7.2 The obligation of the Developer, and Developer's successors or assigns with respect to any portion of the Property and the Project the Developer conveys, to make the PILOT shall constitute a covenant running with the land and shall constitute a first lien on the Property and the Project senior to all other liens and encumbrances and shall be binding upon the Developer and Developer's successors or assigns with respect to any portion of the Property and the Project the Developer conveys through December 31, 2029. At the request of the Developer or Developer's successors or assigns the CRA shall execute a recordable instrument reflecting that this Section 7 is released with respect to all, or the applicable portion, of the Property and the Project, after all amounts due hereunder through December 31, 2029 have been paid. 8. RELEASE. 8.1 In consideration of entering into this Covenant and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each Party, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the other Party, and its successors and assigns, and its present and former commissions, officers, attorneys, employees, agents and other representatives (collectively, the "Releasees" and individually as a "Releasee"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which such releasing Party or any of its successors, assigns, or other legal representatives, may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arose or has arisen at any time on or prior to the day and date of this Covenant with respect to the Property and the Original Covenant (individually, a "Claim" and collectively, "Claims"). 8.2 Each Party understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction 16 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 103 4.2.a against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provision of such release. 8.3 Each Party agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above. 8.4 Each Party acknowledges and agrees that the release of each Releasee is not and shall not be construed as an admission of wrongdoing, liability or culpability on the part of any Releasee, or as an admission by any Releasee of the existence or any Claims of such releasing Party against any Releasee. Each Party further acknowledges that, to the extent that any such Claims may exist, they are speculative and not liquidated. In any event, each Party acknowledges and agrees that the value to such Party of the covenants and agreements of the other Party under this Covenant is in excess of and constitutes more than "reasonably equivalent value" for the Claims released by such releasing Party. 9. COVENANT NOT TO SUE. Each of the Developer, on behalf of itself and its successors, assigns, and other legal representatives and the CRA, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenant and agree with and in favor of each Releasee that it or he, as the case may be, will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by Developer pursuant to the Release contained herein. If Developer or the CRA, or any of their respective successors, assigns or other legal representatives, as the case may be, violates the foregoing covenant, the Developer or the CRA, as the case may be, for itself and its successors, assigns and legal representatives, agrees, to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys' fees and costs incurred by any Releasee as a result of such violation. 10. ARBITRATION. In the event the Parties are unable to resolve a dispute under Section 3.1, Section 4.2.3, Section 4.3.1, or Section 4.3.2 either Party shall have the right to demand arbitration ("Arbitration"), which Arbitration shall be conducted pursuant to the Rules of the American Arbitration Association. The Parties shall attempt to agree on the selection of a neutral arbitrator within ten (10) days after notification by a Party to utilize Arbitration. If the Parties cannot agree on such selection within such ten (10) day period, then either Party may request that the American Arbitration Association, Miami, Florida, select the arbitrator. The Arbitration hearing shall be conducted using the Florida Rules of evidence and Florida law shall be applied by the panel. The venue of such Arbitration shall be located in Miami -Date County, Florida, or such other location as mutually agreed upon by the Parties. The prevailing party in any arbitration proceeding shall be entitled to recover its reasonable attorney fees, costs and expenses, which shall be determined by the arbitrator. 17 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 104 4.2.a 11. NOTICES. Any notices required or permitted to be given under this Covenant shall be in writing and shall be deemed to have been given if delivered by hand, sent by recognized overnight courier (such as Federal Express), sent by fax, sent by email, and another method provided herein or mailed by certified or registered mail, return receipt requested, in a postage prepaid envelope, and addressed as follows (or at such other address for a Party as shall be specified in a notice given in accordance with this Section 11): If to Developer: 201 NW 7th Street, Suite 401 Miami, FL 33136 Attention: Ted H. Weitzel Fax: 786-472-8795 Email- tedw4868@gmail.com With a copy to (which shall not constitute notice or service of process): Cozen O'Connor P.C. 200 South Biscayne Blvd., Suite 3000 Miami, FL 33131 Attention: Charles Kline, Esq. Fax: 305-704-5955 Email: ckline@cozen.com And with a copy to (which shall not constitute notice or service of process): Tenzer Arrieta PLLC 1001 Brickell Bay Drive Suite 1812 Miami, FL 33131 Attention: Alejandro M. Arrieta, Esq. Fax: 305-400-7993 Email: aarrietatenzer.com If to Escrow Agent: Cozen O'Connor P.C. 200 South Biscayne Blvd., Suite 3000 Miami, FL 33131 Attention: Charles Kline, Esq. Fax: 305-704-5955 Email: ckline@cozen.com With a copy to (which shall not constitute notice or service of process): Tenzer Arrieta PLLC 1001 Brickell Bay Drive Suite 1812 18 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 105 4.2.a If to CRA: Miami, FL 33131 Attention: Alejandro M. Arrieta, Esq. Fax: 305-400-7993 Email- aarrietantenzer.com SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT AGENCY Attention: Cornelius Shiver, Executive Director 319 NW 2nd Avenue Third Floor Miami, FL 33136 Fax: 305-679-6836 Email: cschiver@miamigov.com With a copy to (which shall not constitute notice or service of process): William R. Bloom, Esq. Holland & Knight, LLP Suite 3300 701 Brickell Avenue Miami, FL 33131 Fax: 305-789-7799 Email- william.bloom@hklaw.com Notices personally delivered or sent by fax or email shall be deemed given on the date of delivery and notices mailed in accordance with the foregoing shall be deemed given upon receipt or the date delivery is refused. 12. ACKNOWLEDGMENT. The CRA acknowledges that title to the Property did not previously reverted to the CRA under the terms of the Original Covenant prior to the date of this Covenant. 13. TERM. Unless title to the Property reverts to the CRA in accordance with the terms of this Covenant, this Covenant shall remain in full force and effect during the Qualified Project Period. At the end of the Qualified Project Period this Covenant shall automatically terminate and be of no further force and effect except with respect to any outstanding amounts due at the end of the Qualified Project Period which shall remain the obligation of the Developer under this Covenant until paid. 14. AMENDED AND RESTATED COVENANT. This Covenant amends, restates and supersedes in all respects the Original Covenant. 15. MISCELLANEOUS. 15.1 This Covenant shall be construed and governed in accordance with the laws of the State of Florida. Venue shall be in Miami -Dade County, Florida. All of the parties to this 19 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 106 4.2.a Covenant have participated fully in the negotiation and preparation hereof, and, accordingly, this Covenant shall not be more strictly construed against any one of the parties hereto. 15.2 In the event any term or provision of this Covenant is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Covenant shall be construed to be in full force and effect. 15.3 In the event of any litigation between the parties under this Covenant, the prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial and appellate levels. 15.4 In construing this Covenant, the singular shall be held to include the plural, the plural shall be held to include the singular, the use of any gender shall be held to include every other and all genders, and captions and Paragraph headings shall be disregarded. 15.5 All of the exhibits attached to this Covenant are incorporated in, and made a part of, this Covenant. 15.6 This Covenant may be executed in two or more counterparts, each of which will be deemed an original, but all of which will constitute the same instrument. 15.7 Time shall be of the essence for each and every provision of this Covenant. 15.8 This Covenant shall be recorded in the Public Records of Miami -Dade County. 16. COVENANT RUNNING WITH THE LAND. This Covenant shall be deemed a covenant running with the Property and shall be binding upon the parties hereto and their respective successors and assigns. 17. LIEN RIGHTS. If Developer fails to pay any amount due the CRA pursuant to Sections 3.2, 3.3, 3.5, 4.3.1, 4.3.2, 4.6, 5.4(f), 5.4(g), 6.1 or 7, such unpaid amounts shall bear interest at twelve percent (12%) per annum from the date due until paid and shall be secured by this Covenant having priority from the date of recording this Covenant. If any amounts remain unpaid for more than thirty (30) days after the Developer's receipt of written notice from the CRA as to such late payment, the CRA may foreclose its lien rights against the Property in the same manner as a mortgage would be foreclosed. Upon the request of the Developer upon payment of each applicable amount due under Sections 3.2, 3.3, 3.5, 4.3.1, 4.3.2, 4.6, 5.4(f), 5.4(g), 6.1 or 7, the CRA shall execute and promptly deliver to the Developer a recordable instrument reflecting the release of the applicable payment obligation. 18. ESTOPPEL LETTER. At the request of any Party to this Covenant, the other Party shall execute an estoppel letter in recordable form, confirm the status of this Covenant and compliance with its terms within ten (10) days of request. The certificate shall state (i) that the Covenant is in full force and effect and has not been modified, supplemented or amended in any way, or, if there have been modifications, that this Covenant is in full force and effect as modified, identifying such modification Covenant, and if this Covenant is not in force and effect, the 20 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 107 4.2.a certificate shall so state; (ii) that this Covenant, represents the entire Covenant between the parties, or if it does not, the certificate shall so state; (iii) the status of any payment obligations under this Covenant, including, without limitation, any PILOT payments; and (iv) that all conditions under this Covenant to be performed by the CRA, or Developer, as the case may be, have been satisfied, if true or known and state the current status if untrue or unknown, as of the date of such certificate, there are no existing defenses or offsets which the CRA or the Developer, as the case may be, has knowledge against the other party preventing enforcement of this Covenant by such other party, or, if any conditions contained in this Covenant and required to be performed by a party have not been satisfied or if there are any defenses or offsets, the certificate shall so state. The Party to whom any such certificate shall be issued may rely on the matters therein set forth and thereafter the Party issuing the same shall be estopped from denying the veracity or accuracy of the same. Any certificate required to be made by the CRA pursuant to this paragraph may be made on its behalf by the Executive Director. 19. RELATIONSHIP BETWEEN PARTIES. This Covenant does not evidence the creation of nor shall it be construed as creating, a partnership or joint venture or any kind of business entity affiliation between the CRA and Developer. No Party can create any obligations or responsibility on behalf of the other or bind the other in any manner Each Party is acting for its own account, and it has made its own independent decision to enter into this Covenant and as to whether the same is appropriate or necessary. Each Party acknowledges that none of the other parties hereto is acting as a fiduciary for or an adviser to the other Party with respect of this Covenant or any responsibility or obligation contemplated herein. Developer further represents and acknowledges that no one was paid a fee, commission, gift or other consideration by Developer or Developer's agents as an inducement to entering into this Covenant. 20. WAIVER OF JURY TRIAL. THE PARTIES HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION, PROCEEDING OR COUNTERCLAIM BASED ON, ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS COVENANT OR ANY AMENDMENT OR MODIFICATION OF THIS COVENANT, OR ANY OTHER COVENANT EXECUTED BY AND BETWEEN THE PARTIES IN CONNECTION WITH THIS COVENANT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENT (WHETHER VERBAL OR WRITTEN) OR ACTION OF ANY PARTY HERETO. THIS WAIVER OF JURY TRIAL PROVISION IS A MATERIAL INDUCEMENT FOR THE CRA AND THE DEVELOPER TO ENTER INTO THE SUBJECT TRANSACTION. 21 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 108 4.2.a 21. EXISTING MORTGAGES AND FUTURE MORTGAGES. The CRA agrees to give the holder of any mortgage who has provided notice of its existence to the CRA in accordance with the notice provisions of this Covenant, by registered mail or certified mail, return receipt requested sent to mortgagee's address provided to the CRA, a copy of any notice of default sent to the Developer in accordance with Section 11. The CRA further agrees that if Developer shall have failed to cure any default under Section 5 of this Covenant within the time provided for in this Covenant, then such mortgagee shall have the right but not obligation for an additional sixty (60) days within which to cure such default under Section 5 before the CRA exercises its rights available to it under Section 5 of this Covenant. For the avoidance of any doubt, the additional cure time period available to the mortgagee shall only apply with respect to Section 5 of this Covenant. The liability of such mortgagee for the performance of any obligations of Developer under the Covenant shall be limited to such mortgagee's interest in the Property, and the CRA hereby agrees that any judgement it may obtain against any mortgagee's failure, as owner, to perform any of Developer's obligations under this covenant shall be enforceable solely against such mortgagee's interest in the Property. 22. ENTIRE AGREEMENT. This Covenant constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and there are no other agreements, representations or warranties other than as set forth herein. This Covenant may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. [SIGNATURES ON FOLLOWING PAGE] 22 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 109 4.2.a IN WITNESS hereof the parties have executive this Covenant as of the date first above written. DEVELOPER: SAWYER'S WALK, LTD., a Florida limited partnership By: Indian River Investment Communities, Inc., a Florida corporation, its general partner By: Name: Ted H. Weitzel Title: President POINCIANA VILLAGE OF MIAMI, LTD., a Florida limited partnership By: Indian River Investments of Miami, Inc., a Florida corporation, its general partner By: Name: Ted H. Weitzel Title: President CRA: SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT AGENCY By: Cornelius Shiver, Executive Director Approved for legal sufficiency: By: William R. Bloom, Esq. Holland & Knight LLP, Special Counsel to CRA 23 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 110 4.2.a ESCROW AGENT: Cozen O'Connor P.C., a Pennsylvania professional corporation By: Charles Kline, Esq. Partner STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) SS: ) The foregoing instrument was acknowledged before me, this day of , 2018, by Ted H. Weitzel, President of Indian River Investments Communities, Inc., a Florida corporation, general partner of Sawyer's Walk, Ltd., a Florida limited partnership, on behalf of the corporation and the general partnership. He is personally known to me or has produced as identification. My commission expires: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) SS: ) Notary Public Print Name: The foregoing instrument was acknowledged before me, this day of , 2018, by William R. Bloom, Esq., on behalf of Holland & Knight LLP, a Florida limited liability partnership, serving as special counsel to CRA. He is personally known to me or has produced as identification. My commission expires: 24 Notary Public Print Name: Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 111 4.2.a STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) SS: ) The foregoing instrument was acknowledged before me, this day of , 2018, by Ted H. Weitzel, President of Indian River Investments of Miami, Inc., a Florida corporation, general partner of Poinciana Village of Miami, Ltd., a Florida limited partnership, on behalf of the corporation and the general partnership. He is personally known to me or has produced as identification. My commission expires: 25 Notary Public Print Name: Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 112 4.2.a STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) SS: ) The foregoing instrument was acknowledged before me, this day of , 2018, by Cornelius Shiver, Executive Director of SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, on behalf of the agency. He is personally known to me or has produced as identification. My commission expires: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) SS: ) Notary Public Print Name: The foregoing instrument was acknowledged before me, this day of , 2018, by Charles Kline, Esq., on behalf of Cozen O'Connor P.C., a Pennsylvania professional corporation, as Escrow Agent. He is personally known to me or has produced as identification. My commission expires: 26 Notary Public Print Name: Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 113 4.2.a Schedule of Exhibits A. Legal Description B. Conceptual Design Documents C. Form of Guaranty D. Certificate of Compliance 27 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 114 4.2.a EXHIBIT A Legal Description LEGAL DESCRIPTION POINCIANA VILLAGE PHASE II Being a tract Or pareal of land containing 1.23353 acres 53,733 8q. Ft.1 out of iota 4 thru 12 and lots 16 and 17,bioek 46 N of "A.L. Knowlton Subdivision " according to the plat thereof recorded in plat book S, page 41 of the public records of Dade County, Florida. Also being a part of lots 6 and 7 to include a portion of a 20 foot :eight p Way according to the plat of George C. Bolles Subdivision thereof recorded In plat book 1, page 16 of the public records of Dale County, Florida & being more particularly described by metes and mounds as follows; BEGINNING at a point_ of intetetetiOn of the East Right of Flay line OP NW 3r1 Avenue and the South Right of Way line of NW 8th Street, said point being 10.00 feet Easterly and 12.5) fret Southerly fr.7m the Northwest corner of lot 10 of said "A.L. Knowlton Subdivision") thence Easterly along said South Right of Way line of NA 8th Street , a distance of 340.17 feet to a corner; thence Southerly leaving Raid south Right of Way line of SW 8th Street end parallel with the West Right of Way line of NW 2ni Avenue, a distance of 80.27 feet to a corner) therms westerly perpendicular to said Right of Way of NW 2nd Avenue, a distance of 19.00 feet to a corner; thence Southerly paraliet With amid Right of Way of NW 2nd Avenue, a distance of 77.O0 feet to a corner; thence Westerly parallel with the Right of Way of 1.W 7th Street, a distance of 190.83 feet to a corner; thence Southerly perpendicular to eaid night of way of NH 7th Street, a distance of 13.00 feet to a corner) thence Westerly parallel with said Right of key of t4W 7th Street, a distance of 130.33 feet to a corner, tha sem° being in the East Right of way line of NW 3rd Avenue; thence Northerly along said East Right of Way of NW 3rl Avenue, a distance 7f 170.26feet to the PoiNr Or BEGINNING of the tract herein described containing within these metes & bounds 1.23353 acres (53,733 Sq. rt.) of land. Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) [00022115.9] #58258855_v7 #56754030_v3 Packet Pg. 115 4.2.a EXHIBIT B Conceptual Design Documents Conceptual Design Documents for Soleste Grand Central Zoning and Planning Submittal dated June 1, 2018 prepared by Carmen T. Diaz, AR 96290 Caymart Design Inc. issued June 12, 2017 consisting of the following: SGC-A-O SGC-A-1.0 Zoning Date — Layout SGC-A-2-0 Basement — Layout SGC-A-2-1 Ground Floor - Layout SGC-A-2-2 Mezzanine - Layout SGC-A-2-3 2nd Parking Level - Layout SGC-A-2-4 3rd Parking Level - Layout SGC-A-2-5 4th REC Level - Layout SGC-A-2-6 5th to 8th Levels - Layout SGC-A-2-7 9th Level - Layout SGC-A-2-8 TYP TOWER l Oth to 18th Levels - Layout SGC-A-3-0 NORTH ELEVATION — A-3.0 SGC-A-3-1 WEST ELEVATION — A-3.1 SGC-A-3-2 SOUTH ELEVATION — A.3.2 SGC-A-3-3 EAST ELEVATION — A.3.3 SGC-A-3-4 3D VIEWS - Layout SGC-A-3-5 3D VIEWS - Layout SGC-A-3-6 3D VIEWS - Layout SGC-A-3-7 3D VIEWS - Layout SGC-A-3-8 3D VIEWS - Layout SGC-R-0-1 RENDERING - Layout SGC-A-0-2 RENDERING - Layout 29 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 116 4.2.a EXHIBIT C Form of Guaranty THIS GUARANTY OF COMPLETION (the "Guaranty") is executed and delivered, jointly and severally, as of the day of , 20 by ROBERT SURIS, individually, and [AN ENTITY WITH A NET WORTH OF AT LEAST TWO MILLION DOLLARS] (collectively the "Guarantor") in favor of SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes (the "CRA"). WITNES SETH: A. The CRA previously conveyed the property described on Exhibit "A" attached hereto and made a part hereof (the "Property"), to Sawyer's Walk, Ltd., a Florida limited partnership ("Sawyer's Walk") and Poinciana Village of Miami, Ltd., a Florida limited partnership ("Poinciana," together with Sawyer's Walk, collectively, the "Developer") and the CRA and the Developer entered into that Covenant dated as of April 8, 2014 and recorded April 9, 2014 in Official Records Book 29102, at Page 4177 of the Public Records of Miami -Dade County, Florida, as amended by First Amendment to Covenant, by and between the CRA and the Developer recorded June 30, 2017 in Official Records Book 30596, at Page 37 of the Public Records of Miami -Dade County, Florida (collectively, the "Original Covenant"). B. The CRA and the Developer entered into that certain Amended and Restated Covenant dated as of July 1, 2018 recorded July , 2018 in Official Records Book at Page of the Public Records of Miami -Dade County, Florida (the "Restated Covenant"), which Restated Covenant amended and restated in its entirety the Original Covenant. All defined terms utilized but no defined in this Guaranty shall have the meaning set forth in the Restated Covenant. C. Section 3.1 of the Restated Covenant provides that the Developer may cause the Guarantor to provide this Guaranty in lieu of providing a Payment and Performance Bond. NOW, THEREFORE, in consideration of the CRA agreeing to accept this Guaranty in lieu of a Payment and Performance Bond as provided in Section 3.1 of the Restated Covenant, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Guarantor hereby irrevocably covenants, warrants and agrees as follows: 1. Guarantor hereby unconditionally and irrevocably guarantees, jointly and severally, to CRA the following (collectively, the "Guaranties Obligations"): a. One hundred percent (100%) lien free Completion of the Project in accordance with the requirement of Section 2.5 of the Restated Covenant prior to the Completion Date, as same may be extended as a result of Unavoidable Delays and as same may be extended in accordance with Section 3.2 of the Restated Covenant; and b. Full and punctual payment and discharge of all costs and expenses of any nature relating to the construction and the completion of the Project as the same become due and payable, and payment and discharge of all claims and demands for labor and/or materials used in 30 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 117 4.2.a the construction and the completion of the Project substantially in accordance with the requirements of Section 2.5 of the Restated Covenant which are or, if unpaid, may become liens, claims or encumbrances on the Property. c. To perform and complete construction of the Project prior to the Completion Date, as same may be extended as a result of Unavoidable Delays and as same may be extended in accordance with Section 3.2 of the Restated Covenant and to pay all costs and expenses of said construction and completion of the Project in accordance with the plans and all costs associated therewith. d. In the event any mechanic's or materialman's liens should be filed, or should attach, with respect to the Property, to cause the removal of such liens or the posting of security against the consequences of their possible foreclosure within thirty (30) days of Guarantor having actual knowledge of the filing of such liens; e. To pay the costs and fees of all architects and engineers employed by Developer in connection with the Project; and f. To pay within fifteen (15) days of written demand all of CRA's costs and expenses, including reasonable attorneys' fees and costs, incurred in the enforcement of this Guaranty, subject to the terms of Section 13 below. 2. Guarantor hereby waives any and all requirements that CRA institute any action or proceeding, at law or in equity, against the Developer or against any other party or parties with respect to the Restated Covenant or any related document as a condition precedent to bringing any action against Guarantor upon this Guaranty. All remedies afforded to CRA by reason of this Guaranty are separate and cumulative remedies and no one of such remedies, whether waived by CRA or not, shall be deemed to be an exclusion of any one of the other remedies available to CRA and shall not in any way limit or prejudice any other legal or equitable remedy which CRA may have. 3. No extension of the time of payment or performance of any obligation hereunder guaranteed, or the renewal thereof, nor delay in the enforcement thereof or of this Guaranty, or the taking, exchanging, surrender or release of other security therefor or the release or compromise of any liability of any party shall affect the liability of or in any manner release the Guarantor, and this Guaranty shall be a continuing one and remain in full force and effect until each and every obligation hereby guaranteed shall have been fully paid and performed. 4. That until the Project is fully erected, equipped and completed as aforesaid, and until each and all of the terms, covenants and conditions of this Guaranty are fully performed, Guarantor shall not be released by any act or thing which might, but for this provision of this Guaranty, be deemed a legal or equitable discharge of Guarantor, or by reason of any waiver, extension, modification, forbearance or delay by CRA, and Guarantor hereby expressly waives and surrenders any defense to Guarantor's liability hereunder based upon any of the foregoing acts, things, agreements or waivers. Guarantor shall be automatically released from this Guaranty upon the satisfaction of the Guarantied Obligations, without any further need for CRA to execute a release instrument (though, CRA shall promptly deliver the original of this Guaranty to Guarantor). 31 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 118 4.2.a 5. Except as otherwise set forth herein, CRA shall not be required to give any notice to Guarantor hereunder in order to preserve or enforce CRA's rights hereunder (including, without limitation, notice of any default under or amendment to the Restated Covenant), any such notice being expressly waived by Guarantor. 6. This Guaranty shall, in all respects, be governed by and construed in accordance with the laws of the State of Florida, including all matters of construction, validity and performance. 7. In the event that any provision of this Guaranty is held to be void or unenforceable, all other provisions shall remain unaffected and be enforceable. 8. In the event of any litigation between the parties under this Guaranty, the prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial and appellate levels and in any bankruptcy proceedings. 9. Except as otherwise set forth herein, Guarantor hereby waives notice of acceptance of this Guaranty by CRA and of presentment, demand, protest, notice of protest and of dishonor, notice of default and all other notices relative to this Guaranty of every kind and description now or hereafter provided by any agreement between Developer and CRA or any statute or rule of law, except only any notices expressly required hereunder. 10. Any notice, demand or request by CRA to Guarantor or from Guarantor to CRA shall be in writing and shall be deemed to have been duly given or made if either delivered personally or if mailed by certified or registered mail, addressed to the address set forth below (or at the correct address of any assignee of CRA), except that mailed written notices shall not be deemed given or served until three days after the date of mailing thereof: a. If to CRA: SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT AGENCY Attention: Executive Director 819 NW 2nd Avenue 3rd Floor Miami, FL 33136 b. If to Guarantor: and 32 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 119 4.2.a EACH OF CRA (BY REASON OF ITS ACCEPTANCE OF THIS GUARANTY) AND GUARANTOR HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHTS EACH MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS GUARANTY AND ANY DOCUMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTION OF GUARANTOR, DEVELOPER OR CRA. IN WITNESS WHEREOF, Guarantor has executed this Guaranty as of the day and year first above written. WITNESSES: Print Name: By: Name: Title: Print Name: STATE OF FLORIDA ) ): ss. COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 201, by ,as of ,a ,on behalf of He is personally known to me or has produced as identification. My commission expires: My commission number is: WITNESSES: 33 Notary Public Name of Notary Printed: (NOTARY SEAL) Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 120 4.2.a Print Name: Robert Suris Print Name: STATE OF FLORIDA ): ss. COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 201, by Robert Suris, as of , a , on behalf of He is personally known to me or has produced as identification. My commission expires: My commission number is: 34 Notary Public Name of Notary Printed: (NOTARY SEAL) Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 121 4.2.a EXHIBIT D FORM OF CERTIFICATION OF CONTINUING PROGRAM COMPLIANCE Witnesseth that on this day of , 20 , the undersigned (the "Owner"), does hereby certify, the Affordable Rental Units continuing compliance with the Amended and Restated Covenant dated as of July 1, 2018 (the "Covenant") by and between Sawyer's Walk, Ltd., a Florida limited partnership, Poinciana Village of Miami, Ltd., a Florida limited partnership and the Southeast Overtown Park West Community Agency (including the requirement that all of the Affordable Rental Units remain rental units) that an Income Certification has been obtained for each new tenant occupying an Affordable Rental Unit. At all times during the previous year 100% of the Affordable Residential Units were occupied (or deemed occupied) by either Lower -Income Tenants, Modest -Income Tenants, and Moderate -Income Tenants during the Qualified Project Period (as determined in accordance with Section 5.5 of the Covenant. At all times during the previous year 100% of the Affordable Rental Units were occupied (or deemed occupied) only be either Lower -Income Tenants, Modest -Income Tenants or Moderate Income Tenants in accordance with the provisions of the Covenant. To the undersigned's knowledge no default has occurred by the Owner under the Covenant with respect to the Affordable Residential Units, or, if a default has occurred, the nature of the default and the steps, if any, Developer has taken or proposes to take to correct such default are outlined on the Schedule attached hereto. Assuming that the most recent Income Certifications provided by applicable tenant is accurate as of the date of this Certificate, as of the date of this Certificate, the following percentages of completed Affordable Residential Units are occupied by Lower -Income Tenants, occupied by Modest -Income Tenants, occupied by Moderate -Income Tenants, or vacant: Total number of units available for occupancy as of , 20 Lower -Income Tenants Modest -Income Tenants Moderate -Income Tenants Vacant Units Percentage Number Total Number of Studio Units Number of Occupied Studio Units by Lower -Income Tenants (A) (B) Total Number of 1-Bedroom Units Number of Occupied 1-Bedroom Units by Lower -Income Tenants (A) (B) Total Number of 2-Bedroom Units Number of Occupied 2-Bedroom Units by Lower -Income Tenants 35 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 122 4.2.a Total Number of Studio Units Number of Occupied Studio Units by Lower -Income Tenants (A) (B) 36 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 123 4.2.a 37 Number of Occupied Studio Units by Modest -Income Tenants (B) Number of Occupied 1-Bedroom Units by Modest -Income Tenants (B) Number of Occupied 2-Bedroom Units by Modest -Income Tenants (B) Number of Occupied Studio Units by Moderate -Income Tenants (B) Number of Occupied 1-Bedroom Units by Moderate -Income Tenants (B) Number of Occupied 2-Bedroom Units by Moderate -Income Tenants (B) Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58258855_v7 Packet Pg. 124 4.2.a EXHIBIT C GUARANTY OF COMPLETION THIS GUARANTY OF COMPLETION (the "Guaranty") is executed and delivered, jointly and severally, as of the day of , 20 by ROBERT SURIS, individually, and [AN ENTITY WITH A NET WORTH OF AT LEAST TWO MILLION DOLLARS] (collectively the "Guarantor") in favor of SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes (the "CRA"). WITNES SETH: A. The CRA previously conveyed the property described on Exhibit "A" attached hereto and made a part hereof (the "Property"), to Sawyer's Walk, Ltd., a Florida limited partnership ("Sawyer's Walk") and Poinciana Village of Miami, Ltd., a Florida limited partnership ("Poinciana," together with Sawyer's Walk, collectively, the "Developer"). B. The CRA and the Developer entered into that Covenant dated as of April 8, 2014 and recorded April 9, 2014 in Official Records Book 29102, at Page 4177 of the Public Records of Miami -Dade County, Florida, as amended by First Amendment to Covenant, by and between the CRA and the Developer recorded June 30, 2017 in Official Records Book 30596, at Page 37 of the Public Records of Miami -Dade County, Florida (collectively, the "Original Covenant"). C. The CRA and the Developer entered into that certain Amended and Restated Covenant dated as of July 1, 2018 recorded July , 2018 in Official Records Book at Page of the Public Records of Miami -Dade County, Florida (the "Restated Covenant"), which Restated Covenant amended and restated in its entirety the Original Covenant. All defined terms utilized but no defined in this Guaranty shall have the meaning set forth in the Restated Covenant. D. Section 3.1 of the Restated Covenant provides that the Developer may cause the Guarantor to provide this Guaranty in lieu of providing a Payment and Performance Bond. NOW, THEREFORE, in consideration of the CRA agreeing to accept this Guaranty in lieu of a Payment and Performance Bond as provided in Section 3.1 of the Restated Covenant, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Guarantor hereby irrevocably covenants, warrants and agrees as follows: 1. From and after the commencement of Vertical Construction, Guarantor hereby unconditionally and irrevocably guarantees, jointly and severally, to CRA the following (collectively, the "Guaranteed Obligations"): a. Completion of the Project substantially in accordance with the requirement of Section 2.5 of the Restated Covenant on or prior to the Completion Date, as same may be extended as a result of Unavoidable Delays and as same may be extended in accordance with Section 3.3 of the Restated Covenant; and Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) Packet Pg. 125 4.2.a b. Subject to Developer's rights to contest or discharge liens resulting from such matters in accordance with applicable law, full and punctual payment and discharge of all costs and expenses of all contractors, subcontractors, materialmen, engineers, architects, and other persons who have rendered or furnished labor, services or materials in connection with the design, construction and the completion of the Project as the same become due and payable, and payment and discharge of all claims and demands for labor and/or materials used in the construction and the completion of the Project substantially in accordance with the requirements of Section 2.5 of the Restated Covenant which are or, if unpaid, may become liens, claims or encumbrances on the Property. c. To perform and complete construction of the Project on or prior to the Completion Date, as same may be extended as a result of Unavoidable Delays and as same may be extended in accordance with Section 3.3 of the Restated Covenant and to pay all costs and expenses of said construction (subject to Developer's rights to contest or discharge liens resulting from such matters in accordance with applicable law) and completion of the Project substantially in accordance with the plans associated therewith subject to field changes, change orders and any modifications required by the City of Miami in connection with the issuance of the building permit for the Project. d. In the event any mechanic's or materialman's liens should be filed, or should attach, with respect to the Property, to cause the removal of such liens or the transfer of such liens to bond within sixty (60) days of Guarantor having actual knowledge of the filing of such liens (subject to Developer's rights to contest or discharge liens resulting from such matters in accordance with applicable law after transfer of such liens to bond); e. To pay the costs and fees of all architects and engineers employed by Developer in connection with the Project; and f To reimburse within thirty (30) days after receipt of written demand from the CRA, all of CRA's actual out-of-pocket third party costs and expenses, including reasonable attorneys' fees and costs, incurred in the enforcement of this Guaranty, subject to the terms of Section [9] below. 2. Guarantor hereby waives any and all requirements that CRA institute any action or proceeding, at law or in equity, against the Developer or against any other party or parties with respect to the Restated Covenant or any related document as a condition precedent to bringing any action against Guarantor upon this Guaranty. All remedies afforded to CRA by reason of this Guaranty are separate and cumulative remedies and no one of such remedies, whether waived by CRA or not, shall be deemed to be an exclusion of any one of the other remedies available to CRA and shall not in any way limit or prejudice any other legal or equitable remedy which CRA may have. For the avoidance of any doubt, if the CRA recovers under this Guaranty against Guarantor with respect to the Guaranteed Obligations, the CRA shall not have any claim with respect to the Guaranteed Obligations against the Developer. 3. No extension of the time of payment or performance of any obligation hereunder guaranteed, or the renewal thereof, nor delay in the enforcement thereof or of this Guaranty, or the taking, exchanging, surrender or release of other security therefor or the release or compromise of 2 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58365889v2 Packet Pg. 126 4.2.a any liability of any party shall affect the liability of or in any manner release the Guarantor, and this Guaranty shall be a continuing one and remain in full force and effect until each and every obligation hereby guaranteed shall have been fully paid and/or performed. 4. That until the Completion of the Project, and until each and all of the terms, covenants and conditions of this Guaranty are fully performed, Guarantor shall not be released by any act or thing which might, but for this provision of this Guaranty, be deemed a legal or equitable discharge of Guarantor, or by reason of any waiver, extension, modification, forbearance or delay by CRA, and Guarantor hereby expressly waives and surrenders any defense to Guarantor's liability hereunder based upon any of the foregoing acts, things, agreements or waivers. Guarantor shall be automatically released from this Guaranty upon the satisfaction of the Guarantied Obligations, without any further need for CRA to execute a release instrument. Upon the Executive Director's execution and delivery to the Developer of the certificate confirming Completion of the Project pursuant to Section 3.6 of the Restated Covenant this Guaranty shall be deemed terminated. 5. Except as otherwise set forth herein, CRA shall not be required to give any notice to Guarantor hereunder in order to preserve or enforce CRA's rights hereunder (including, without limitation, notice of any default under or amendment to the Restated Covenant), any such notice being expressly waived by Guarantor. 6. This Guaranty shall, in all respects, be governed by and construed in accordance with the laws of the State of Florida, including all matters of construction, validity and performance. 7. In the event that any provision of this Guaranty is held to be void or unenforceable, all other provisions shall remain unaffected and be enforceable. 8. In the event of any litigation between the parties under this Guaranty, the prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial and appellate levels and in any bankruptcy proceedings. 9. Except as otherwise set forth herein, Guarantor hereby waives notice of acceptance of this Guaranty by CRA and of presentment, demand, protest, notice of protest and of dishonor, notice of default and all other notices relative to this Guaranty of every kind and description now or hereafter provided by any agreement between Developer and CRA or any statute or rule of law, except only any notices expressly required hereunder. 10. Any notice, demand or request by CRA to Guarantor or from Guarantor to CRA shall be in writing and shall be deemed to have been duly given or made if either delivered personally or if mailed by certified or registered mail, addressed to the address set forth below (or at the correct address of any assignee of CRA), except that mailed written notices shall not be deemed given or served until three days after the date of mailing thereof: a. If to CRA: SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT AGENCY 3 Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58365889v2 Packet Pg. 127 4.2.a Attention: Executive Director 819 NW 2nd Avenue 3rd Floor Miami, FL 33136 b. If to Guarantor: Robert Suris 4949 SW 75 Avenue Miami, Florida 33155 and EACH OF CRA (BY REASON OF ITS ACCEPTANCE OF THIS GUARANTY) AND GUARANTOR HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHTS EACH MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS GUARANTY AND ANY DOCUMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTION OF GUARANTOR, DEVELOPER OR CRA. IN WITNESS WHEREOF, Guarantor has executed this Guaranty as of the day and year first above written. WITNESSES: Print Name: By: Name: Title: Print Name: STATE OF FLORIDA ) ): ss. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of , 201, by ,as of ,a ,on Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58365889_v2 4 Packet Pg. 128 4.2.a behalf of He is personally known to me or has produced as identification. My commission expires: My commission number is: WITNESSES: Notary Public Name of Notary Printed: (NOTARY SEAL) Print Name: Robert Suris Print Name: STATE OF FLORIDA ) ): ss. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of , 201_, by Robert Suris, as of , a , on behalf of He is personally known to me or has produced as identification. My commission expires: My commission number is: 5 Notary Public Name of Notary Printed: (NOTARY SEAL) Attachment: File # 4376 Back up (4376: Resolution authorizing an Amendment to Covenant for Block 46) #58365889v2 Packet Pg. 129