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Application and Supporting Documents
a' Rid L 401, ,vv.v.,,uttatiecA Livbroumis • Al t$ tott ,* • • It of 11111111.111.141a1=216 •-• zo, zit ^ Rbinew (05)416-1100 fixing (311151416.1495 RF-7i Application Arlon:mix NOTICE This submittal needs. beached,. for a pubk hearlog in accordance err. trnalines sot forth Int, City , Miami Code. The applicable decision-rnalf log body Yell revIewlfrieleformabon at the pollee hearingto render a recoromendahon or a final deusion PZ-20-7751 02/03/21 V4184 n tcf*AtVilii% . • . Nest Nam: Matia Last Mum: kirmituOrsicarntrm:awr.00rn first Name: MARIA Corps Stance Weas.er Miler Adobes": 1 c0 West Fogia Savo City: S,Emnit Eno& trwaimu:Melinswc,aver cora Stair: Fbrela Zipc now: (305) 7119-3525 Pint Name! 1 act am: Correrstion: 1 BalLAND PARK 1020, UL Vldress: 150 \VLSI F1 ACA.11 SIRFET ity: gum State: FJ nistair*stearrmiesLer cern Phone: Project Name: rather aedre” at,Y; Matter UM Number Hiatt. \ PARr-. o2o NW 7 AV Matti 0131350270010 E 'Fir 105 ifta- 352i Stalt: 33130 ,130 Mit Nuaguari 33136 Thal adder the pent} of prTtslt, i tiex'nre Ihlt ak tAe 110rrratur caviled ]S ilm pool applunion ok t[at to rir 6csr °folly know '} . • That NO work or iettiham wit WIWI= prig to dr is ue a of a btafaikag parse any that all work be ptzfmmd 1d met the reviatisconsanniln aad axing:t this j&if11L'Om • i w°.: in a"t tt u, pc/ tix t I Work in acomdrust with ikr scope of dr prank tit City & Morr 7s ands' did a5 odrs optrgcabtc'n`M9. tIrdr(rrM • Thal aL infxrria ion Om wsU he acsar'ate incl dot afi work will he done a exarifiawc will all eC'1}Jleable law% reg iattrgcoma-A.1am aril too* 118t scfxrair pans tray be tegtani L tocciagal tx recresi wihdt stiv itt>al of ltz appia at. • That tbesc rrey be ucd'dl.,ml pelnib nayeaecti fromothcr alleys • Fen slig he pail peer to the review and fctmni a ofdr Nevi. AS n . • Fermi its are mr refiatdahle Fk,t fir ti 7c..� !ell` ,.., ate▪ ; Ai ®.n .. cr2Oa(F o1j� y i01:0 44( This submittal needs. beached.. fora public hearing accordance applicable timelines sel for. In ine City of Mar. Code. The appn at the decso h€arin fig body will review vie inbnnaton at the public hearing to ranber a recommend.. or a final recision. Date: STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. September 4, 2020 Francisco J. Garcia, Director Department of Planning & Zoning City of Miami 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130 NOTICE This submittal needs to be scheduled for a public nearing in accordance vet timeline set forth In the City of Miami Code. The am:heat. decision -making body will renew theedon at the public hearing to render recommendation or a final decision. PZ-20-7751 150 West Flagle Direct: (3 Fax: (305) Email: mgralia@stearnsweaver.com Re: Highland Park 1020, LLC — Application for Rezoning (PZ-20-7751) Subject Property: 1020 NW 7th Avenue, Miami, FL Dear Mr. Garcia Our firm represents the owner, Highland Park 1020, LLC ("Owner"), of the property located at 1020 N.W. 7th Avenue, Miami, FL (the "Property"). The Property is bounded on the North by 11th Street, 7th Avenue to the East, 7th Court to the West and 10th Street to the South. Owner intends to redevelop the southern portion of the property abutting 10th Street with a multi -family market rate building with a minimum of eight (8) stories and 118 multifamily units. In order to advance the proposed development concept, the Owner will need to procure a rezoning of the Property's present zoning designation of Urban Center Transect Zone (T5-O) to Urban Core Transect Zone (T6-8-O) (the "Zoning Application"). The Rezoning Application is an extension of an existing transect zone as set forth in Section 7.1.2.8.c.1 of Miami 21. Pursuant to Section 7.1.2.8.c.2(g), the existing condition(s) of the radius properties, those located within %z mile of the Property, and their current zoning and FLUM designations are consistent with the Owner's request to rezone the Property to T6-8-O. The Property consists of one parcel as follows: Folio Number Address Lot Size Existing Transect Zone Proposed Transect Zone 01-3135-027-0010 1020 NW 7th Avenue 55,040 sq.ft. T5-O T6-O MIAMI • FORT LAUDERDALE • TAMPA • TALLAHASSEE September 4, 2020 Page 2 The Property is currently developed with 12 affordable housing units income, market rate units as shown in the following picture. Mai This submittal need, to be scheduled a public bearing accordancein vet m timelinm set fodh in the City of Miami Code. The applicable decision -malting body saki reeewthe information at the public bearing to render recommendation or a final decision. 2019 Aerial Photography r PZ-20-7751 02/03/21 The affordable housing units are located in the smaller structure adjacent to NW 10th Street. Applicant desires to relocate the existing affordable housing units to an area that is currently a City of Miami Right -of -Way known as NW 11th Street that has been abandoned (the "ROW"). The ROW is located in the vicinity of the vacant property immediately north of the Property outlined in blue. The relocated 11th Street is north of the ROW as depicted in the above picture in red. The grassy area in between the relocated 11th Street and the ROW is owned by Miami -Dade County. As such, the Applicant abuts the ROW on the south and Miami - Dade County abuts the ROW on the north. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. September 4, 2020 Page 3 Applicant has been in negotiations with the County to purchase their ROW upon vacation. If such vacation occurs and the Property is successfully r Applicant would relocate the 12 affordable housing units to that site and increase t This submittal needs to beschedula outdo bearing accordancein vet m timelinm sett fodh in the City of Miami Code. The applicable decision -malting body stall reeewihe information at the public bearing to antlers recommendation or a final decision. of affordable housing units to the maximum allowed in the T6-8-O Transect Zone. relocation would allow for the redevelopment of the Property where the existing affordable housing units are located with a residential units adjacent to the Metrorail Station. PZ-20-7751 02/03/21 Prior to platting the Property, the Applicant is required to rezone the property as the Property is within a T5-O Transect Zone, while the County property is zoned T6-8-O. The parcel that would be created as a result of the vacation of the ROW and platting, cannot split transect zone. Based on the zoning trends, the rezoning the entire site to T6-8-O is the most desirable transect zone. In the event, that Applicant is unable to vacate the ROW and relocate the affordable housing units to ROW area, Applicant will incorporate the affordable housing units into the new development. In that instance, the tenants would be temporarily relocated during the redevelopment of the Property in compliance with the Extended Low -Income Housing Agreement with Florida Housing Finance Agency. The Agency has preliminarily approved the redevelopment of the existing affordable housing units. As evidenced in the aerial image included in the Rezoning Application, the properties located to the west and north of the Property are zoned T6-8-O. The Property is located within 1/4 of a mile of a Transit Corridor. The Culmer Metrorail Station is across N.W. 11 Street from the Property. The existing pattern of development north of the Property consists of multifamily residential structures. The change will allow the owner to increase the height and density to provide housing needs within close proximity to a Transit Corridor in compliance with the City's growth strategies. The Rezoning Application request is consistent with the Goals, Objections and Policies of the Miami Comprehensive Neighborhood Plan ("MCNP") as follows: • Policy LU-1.1.7 — The rezoning meets with the intent of Policy LU-1.1.7 by providing housing within close proximity to mass transit and the Miami River Greenway. • Policy LU-1.1.10; HO-1.1.9 and TR-2.1.3 — The Property is adjacent to the Culmer Metrorail Station. The rezoning will allow for increase in density and promote ridership of public transportation. • Goal HO-1 - The rezoning to the T6-8-0 Transect Zone will allow for an increase of the currently existing affordable housing units. The Rezoning Application complies with the following Miami 21 goals and guiding principles: STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. September 4, 2020 Page 4 1. Section 7.1.2.8 — Zoning Amendment f.1(a) — As provided above, the relationship of the proposed amendm goals, objectives and policies of the Comprehensive Plan, with appro consideration as to whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code; and other city regulations. This submittal needs to belfor a public bearing in accordance wit timelines set t f form in the City of Miami Code. The applicable daemon -making body swill reeewthe information at the public hearing to render recommendation or a final decision. PZ-20-7751 02/03/21 f.1(b) — need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary. f.2. — Preserve Neighborhoods by providing transitions in scale. The approval of the Rezoning Application will provide a designation that will ensure an orderly transition, which is both consistent with the scale and intensity of the neighborhood and will provide housing needs adjacent to a Transit Corridor. 2. Section 2.1.2.a — Conservation Goals #3 — The property is within %z a mile of the Miami River Greenway allowing for easy access to the natural environment. #4 — Approval of the Rezoning Application will facilitate the redevelopment of the Property, which in turn will expand transit usage thereby reducing carbon dioxide emissions. #6 — Redevelopment of the Property, resulting from the approval of the Rezoning Application, will permit the construction of a new Building which will be subject to the green building requirements set forth in Section 3.13 of Miami 21. 3. Section 2.1.3.1 — City Guiding Principles Adoption of the requested amendment will encourage the redevelopment of a presently underutilized site consistent with the surrounding neighborhood's context and character encouraging infill redevelopment. The Rezoning reinforces the pattern of neighborhoods and urban centers, focusing growth at transit nodes rather than along corridors. The proposed development would be within walking distance to a transit stop. 4. Section 2.1.3.3 - Block & the Building Guiding Principles Adoption of the Zoning Application will ensure a harmonious change that will appropriately transition densities and intensities between the T5-O and T6-O. Therefore, the proposed change advances the very principle advanced in this aforementioned section. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. September 4, 2020 Page 5 For each of the foregoing reasons, we respectfully request the City's approval Application. Should you have any questions regarding this submittal, please do n contact me at your earliest convenience. #8560007 v2 Sincerely, Maria A. Gralia STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. This submittal need, to be scheduled a public bearing accordancein vet m timelinm set termrth in me City of Miami Code. The applicable decision -malting body saki meewthe information at the public hearingto render recommendation or a final decision. PZ-20-7751 02/03/21 ma r r r— r ii i • _. ry�■ w= is r r 1020 NW 7th Avenue Facing North • dwaiir 4.1 'AM it f 1_ ■ • This su dmidal needs to be scheduled fora public hearing in accordance wibr timelines set forth in the City of Miami Code. The appliade dsision-rna king bodywil resiewlhe informaton al the public hearing to render a recommendation or a mat decision. PZ-20-7751 02/03/21 This submittal needs to be scheduled for a public healing In accordance wilh tmanes set forth in the City of Miami Code. The applicade decision-rna king bcdywil renew the infonnaton at the public hearing to render a recommendation or a rural decson. PZ-20-7751 02/03/21 1020 NW 7th Avenue Facing South Site Photos View of the Property facing north from NW 10th St facing northeast from NW 7th Ct & NW 10th View of abutting properties south of the Property facing southeast from NW 7th Ct & NW 10th St. This submittal need, to Ise scheduled for a public bearing In accordance wrrt omaones set forts In me City of Miami Code. The applicable decision -making body Mil reeewthe inform donat the public bearing to antlers recommendation or a final decision. PZ-20-7751 02/03/21 Site Photos View of the Property facing east from NW 7th Ct facing northeast from NW 7th Ct & NW 10th St. View of abutting properties west of the Property facing northwest from NW 7th Ct & NW 10th St. NOTICE This submittal needs to belfor a public bearing in accordance PerttimelinLrn es set f form in the City of Miami Code. The applicable daemon -making body swill reeewthe information at the public hearing to render recommendation or a final decision. PZ-20-7751 02/03/21 Site Photos View of the Property facing south from NW llth St facing southeast from NW llth St & NW 7th iii�!C(fi�il' View of abutting property north of the Property facing northeast from NW llth St & NW 7th Ct. This submittal need, to be scheduled for a public bearing in accordance wM1h timelines set form in the Clip of Miami Code. The applicable daemon -making body swill reeewthe information at the public hearing to residua recommendation or a final decision. PZ-20-7751 02/03/21 Site Photos View of the Property facing west from NW 7th Ave facing northwest from NW 7th Ave & NW 10t View of abutting property east of the Property facing northeast from NW 7th Ave & NW 10th St. NOTICE This submittal needs to belfor a public bearing in accordance PerttimelinLrn es set f form in the City of Miami Code. The applicable daemon -making body swill reeewthe information at the public hearing to residua recommendation or a final decision. PZ-20-7751 02/03/21 PU$L,1c raT ,rk V 0 a. EPIan Index 1. PZD-1 Index 2. PZD-2 Pre -Application Meeting Form 3. PAP Signed Rezone Application 4. PZD-3 Signed Letter of Intent 5. PZD-4 Application Analysis (3 pgs) 6. V-1 Survey — Pg. 1 7. V-2 Survey — Pg. 2 8. PHO-1 Context Photo 9. PHO-1 Context Photo 10. PZD-5 Current Zoning Map 11. PZD-6 Proposed Zoning Map 12. PZD-8 Legal Description and Sketch of Survey (3 pgs) 13. PZD-HB2 Acknowledgement by Applicant 14. PZD-HB3 Lobbyist Registration 15. PZD-HB4 Affidavit of Authority to Act 16. PZD-HB5 Disclosure of Agreement to Support or Withhold 17. PZD-HB6 Disclosure of Ownership 18. PZD-HB8 Certificate of Status #8624119 v2 '49 n 9R NOTICE This submittal needs N be schedured fora public hearing In accordance p tmelinessel forthin the City of Miami a Code. The applicable decision -making body will renew the Norma -on at the oaken hearing to render a recommenbadon or a final deciaon. PZ-20-7751 02/03/21 EVI EW CO City of Miami Planning Department Division of Land Development PRE-APP LAND USE AN LAND USE AND ZONING CHANGE PRE -APPLICATION MEETING File ID No.: TBD Wednesday, July 15, 2020 Attendants: ills subminal needs to be schedules fora public hearing ccordance vilh tmellnes set forth in the Ott of Miami Cede. The applicable de:.ision-rna king beidywill renew the information al the public hearing to render a recommendation or a fnal lain on. PZ-20-7751 Name Email Telephone number Signature 1. Sergio Garrido sgarrido(cr�miamigov.com 305-416-1405 �' / e Garrido, Sergio d:n ,!°, vdm" 2. Maria Gralia, Esq. mgralia@stearnsweaver.com 305-789-3525' �j 3. Linda Christian Ihristian@steanrsweaver.com 305-798-0466 (A_A•L Lq_ 4. 5. Properties involved: 1. 1020NW7Ave. 4. 7. 10. 13. 16. 2. 5. 8. 11. 14. 17. 3. 6. 9. 12. 15. 18. a) Rezoning requested: Same rezoning for all properties b) Is the requested Transect Zone compatible w/existing FLU: Yes c) FLU Change requested: No d) FLU Change required: No Any of the properties involved fall within: 1. A DRI area: No 2. Urban Central Business District No 3. An Historic designated area: No 4. Residential Density Increase Areas No 5. A High Hazard Area No 6. Edgewater Intensity Increase Area No 7. A CRA No 8. Health/Civic Center District No 9. Miami River No 10. Wellfield Protection Area No 11. Little River No 12. Buena Vista Yards Regional Activity Center No 13. An Arch. or Environmental Protected Area: No (*): Confirmation needed LU & ZC Pre-app form 6-25-2020 Page 1 of 6 City of Miami Planning Department Division of Land Development General Information Applicant /Property Owner: Owner Representative: Commission District: NET District: Highland Park 1020, LLC Contact Info: Maria Gralia, Esq. Contact Info: mgralia@stearnswea D-5 (Commissioner Keon Hardemon) Overtown NET Area LAND USE AN PRE-APP o 41. CORRESPONDENCE TABLE — ZONING AND COMPREHENSIVE PLAN NOTICE This aubmittat needs to be scheduled fora public hearing In accordance with dmellnee set forth in the City of Warm Code. The appllwde deosion-rna lung bodywlll review gle Information al the pubic hearing to render a recommendation or a foal decidon. PZ-20-7751 02/03/21 Transect Miami 21 Transect Zone October 2009 MCNP Future Land Use Dwelling Units / Acre Max T3 (R, L) Sub -Urban Single -Family Residential 9 du/ac T3 0 Duplex Residential 18 du/ac T4 R General Urban Low Density Multifamily Residential 36 du/ac T4 (L, 0) Low Density Restricted Commercial . 36 du/ac T5 R Urban Center Medium Density Multifamily Residential 65 du/ac T5 (L, 0) Medium Density Restricted Commercial 65 du/ac T6-(8 — 48) R Urban Core High Density Multifamily Residential 150 du/ac T6-(8 — 48) L, 0 Restricted Commercial / General Commercial D1 Work Place Light Industrial 36 du/ac D2 Industrial Industrial N/A D3 Marine Industrial N/A T6-80 (R, L, 0) Urban Core Central Business District 1000 du/ac CI Civic Institutional Major Institutional, Public Facilities, Transportation, And Utilities 150 du/ac CI HD Civic Institution — Health District Major Institutional, Public Facilities, Transportation, And Utilities 150 du/ac CS Civic Space/Parks Public Parks And Recreation N/A Commercial Recreation N/A T1 Natural Conservation N/A LU & ZC Pre-app form 6-25-2020 Page 2 of 6 City of Miami Planning Department Division of Land Development Request — Summary LAND USE AND ZONING CHANGE PRE -APPLICATION MEETING Folio No. /Address Lot Size (sq. ft) FLU designation Zoning classification Existing Required Existing Proposed 0131350270010 / 1020 NW 7 Ave. Restricted Commercial Restricted Commercial T5-0 (Urban Center Transect Zone -Open) T6-8-0 (Urban Core Transect Zone - Open) Sub -Total and Total per request Note: When Lot size are different from the Survey, the information provide in the Survey will prevail. City of Miami Planning Department LAND USE AN Division of Land Development PRE-APP ANALYSIS FOR CODE COMPLIANCE Compliance with Section 7.1.2.8 (a) The rezoning requested complies with This aubmittat needs to be scheduled fora public hearing In accordance with dmellnee set forth in the City of Warm Code. The appllwde deosion-rna lung bodywlll review gle Information al the pubic hearing to render a recommendation or a foal decidon. Criteria Yes No Is the rezoning proposed to a lesser Transect Zone? E El Is the rezoning proposed within the same Transect Zone to a greater or lesser intensity? Is the rezoning proposed to the next higher Transect Zone,? Is the rezoning proposed through a Special Area Plan? Q TRANSECT ZONE FLR Ti 1.2 T3 1-1 15 T6-13 T6-12 T6-24a T6-24b T6-36a T6-48a 1-6-60a T6-48b T6-361 16-60b -130 18 D2 D3 SUCCESSIONAL ZONE i T1 NiA. T4, CI 1 5, C I T6-1$, CI 5-6-l2. CI 8 T6-24a, C1 7 1-6-241D, Toa, CI 16 1 6-36a, C1 12 T6-60a, CI 11 T6-60a. CI 11 1 6-60b, CI 18 T6-60b, C1 22 T6-60b, C1 18 NIA, CI 24 N/A, CI ADD tint Zones T6 24 T6 8', T5, CI, D2 D1, CI 'I-6-8 L. T6-f3 0, CI FLR 7 16 12 11. 11 18 18 18 5 (T6-Sj' or -- all othe s' * The Planning Department shall make a recommendation as to which Transect Zone will yield the most coherent pattern given the established zoning pattern and context in the immediate vicinity City of Miami Planning Department LAND USE AN Division of Land Development PRE-APP Compliance with Section 7.1.2.8 (c) The rezoning of property(ies) Involve(s) an extension of an existing Transect boundary Involve(s) more than forty thousand (40,000) square feet of land area Has two hundred (200) feet of street Frontage on one (1) street. Compliance with Section 7.1.2.8 c.2 Note: Yes * implies partially compliance. Some modifications required This aubmittat needs to be scheduled fora public hearing In accordance with dmellnee set forth in the City of Warm Code. The appllwde deosion-rna lung bodywlll review gle Information al the pudic hearing to render a recommendation or a foal decidon. Attachments Compliance [PZD-3] Signed Letter of Intent Yes [PZD-4] Application Analysis Yes* [V-1, V-2, V-3, and so on...] Survey No [PHO-1, PHO-2, and so forth...] Context Photos Yes [PZD-5] Existing Zoning Map Yes [PZD-6] Proposed Zoning Map Yes [PZD-7] List of All Folio Numbers No [PZD-8] Legal Description(s) & Sketch of Proposed New Zoning Designation(s)/ "Exhibit A" No [PZD-9] Neighborhood Outreach Reports No [PZD-10] Covenant No LU & ZC Pre-app form 6-25-2020 Page 5 of 6 City of Miami Planning Department LAND USE AN Division of Land Development PRE-APP Questions / Comments: 1. Survey must abide the requirements especified in Miami 21 Code, provide Lot size and Leg This aubmittat needs to be scheduled fora public hearing In accordance with dmellnee set forth in the City of Warm Code. The appllwde deosion-rna lung bodywlll review gle Information al the pudic hearing to render a recommendation or a foal decidon. 2. Regarding to the future development, please note that Miami 21 Code, Sec. 7.1.3.2 (a) 7 Phased proje . phased project is one which, due to its magnitude, has to be developed in stages. Such project shall contain a minimum of three (3) acres of land. Any such project shall establish the maximum development capacity for the subject property. At the time of qualification by the Planning Director and Zoning Administrator, the project shall be owned by a single entity or subsidiaries of one (1) entity and may occupy contiguous lands, separated only by streets or alleys, and will be considered as one (1) project for the purpose of calculating all zoning requirements. A phased project must be qualified by the Planning Director and Zoning Administrator, at the written request of the property owner. 3. May the Applicant want to provide certain restrictions in uses, a voluntarily proffered Covenant will be the appropriate mechanism to make it formal. Staff will not consider the Covenant in it's recommendation, but the boards will. 4. Include in your analysis explanation of why the existing Zoning classification is inappropriate for the subject properties, and how this request will benefit the immediate neighbohood or the entire city 5. Is the surrounding neighborhood an stable residential area or is a changing area?. Check other rezoning request in the area. 6. Staff recommends to reach out the NET Office and the neighbors regarding the proposed rezoning and provide the city with the feedback received. 7. Explain the relationship of the proposed amendment to the goals, objectives and policies of the Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code; and other city regulations (Sec. 7.1.2.8 f). Policy TR-2.7.6, TR-2.1.3, Policy LU-1.1.10, and HO-1.1.9 8. Elaborate in the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary. 9. Revise the LOI incorporating the existing covenant and the strategy to develop the property in compliance with the existing covenant. LU & ZC Pre-app form 6-25-2020 Page 6 of 6 .+;'yamiot z ru t T5-R NW 10TH ST • ♦. I• I r, • nH ♦♦ 1,p1�1`1 JL I II FM 1! L1= M �I �11 1 a1 36 rlM —w I SIOW cM I� !t'11N 836 Ir li I�ji 4 iiro OM ME I1. EMI Ma ENEMY Mr_ MEM 1�11 0 I � I MIME uIrf1UiI11 low 111111 91111_11 • • 4 • EMS 111 E• 111- inn fl r� i • sic - au • i1 b; • itt -1 ram_ Irtr II�IiIlu �- ►IWM 0-11 II 'knit 'wolfs 11_ IUD 968 OHM 968 i 11 -I IIIIIIIIIM lli 1111 AMC II • - �I IIII Ifi;—!I.I u !r iJ��� sifilill tlil PP 111111�1;.1 I 1'1 Hi vio i aro • • • 2 FUTURE LAND U Public Parks and Recreation Single Family - Residential Medium Density Multifamily F High Density Multifamily Res Restricted Commercial .+;'yamiot z ru t T5-R NW 10TH ST It14 f z n- rr.rrre*. T5-F EXHIBIT "A" SKETCH & LEGAL DESCRIPTION 1020 NW 7 AVE LEGAL DESCRIPTION: This submittal need, to be scheduled for a public bearing in accordance vet timelines set form in the Clip of Miami Code. The applicable decision-mMing body saki reoewthe information at the public hearing to render recommendation or a final decision. PZ-20-7751 02/03/21 LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9 AND 10, INCLUSIVE, BLOCK 1, MAP OF SPRING GARDEN SUBDIVISIONS NO. 1 AND NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 38, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LESS THE FOLLOWING AREA FOR RIGHT OF WAY: BEGIN AT THE NORTHEAST CORNER OF LOT 1, BLOCK 1, MAP OF SPRING GARDEN SUBDIVISIONS NO. 1 AND NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 38, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 87 DEGREES 52 MINUTES 53 SECONDS WEST, ALONG THE NORTH LINE OF BLOCK 1, FOR 10.00 FEET; THENCE SOUTH 02 DEGREES 01 MINUTES 52 SECONDS EAST, ALONG A LINE PARALLEL TO AND 35 FEET WEST OF THE CENTERLINE OF N.W. 7TH AVENUE, FOR 22.55 FEET; THENCE SOUTH 22 DEGREES 38 MINUTES 42 SECONDS WEST FOR 3.59 FEET; THENCE SOUTH 02 DEGREES 01 MINUTES 52 SECONDS EAST, ALONG A LINE PARALLEL TO AND 36.5 FEET WEST OF THE CENTERLINE OF N.W. 7TH AVENUE, FOR 179.37 FEET, TO A POINT ON A CURVE, CONCAVE TO THE NORTHWEST, HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 56 MINUTES 40 SECONDS; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE FOR AN ARC DISTANCE OF 39.25 FEET; THENCE NORTH 87 DEGREES 54 MINUTES 48 SECONDS EAST, ALONG THE SOUTH LINE OF BLOCK 1, FOR 36.48 FEET; THENCE NORTH 02 DEGREES 01 MINUTES 52 SECONDS WEST, ALONG A LINE PARALLEL TO AND 25 FEET WEST OF THE CENTERLINE OF N.W. 7TH AVENUE, FOR 230.16 FEET TO THE POINT OF BEGINNING. AND LESS THE FOLLOWING AREA FOR RIGHT OF WAY: BEGIN AT THE NORTHWEST CORNER OF LOT 5, BLOCK 1, MAP OF SPRING GARDEN SUBDIVISIONS NO. 1 AND NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 38, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 52 MINUTES 53 SECONDS EAST, ALONG THE NORTH LINE OF BLOCK 1, FOR 5.00 FEET; THENCE SOUTH 02 DEGREES 01 MINUTES 45 SECONDS EAST, ALONG A LINE PARALLEL TO AND 25 FEET EAST OF THE CENTERLINE OF N.W. 7TH COURT, FOR 205.00 FEET; TO A POINT ON A CURVE, CONCAVE TO THE NORTHEAST, HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90 DEGREES 03 MINUTES 28 SECONDS; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE FOR AN ARC DISTANCE OF 39.30 FEET; THENCE SOUTH 87 DEGREES 54 MINUTES 48 SECONDS WEST, ALONG THE SOUTH LINE OF BLOCK 1, FOR 30.03 FEET; THENCE NORTH 02 DEGREES 01 MINUTES 45 SECONDS WEST, ALONG A LINE PARALLEL TO AND 20 FEET EAST OF THE CENTERLINE OF N.W. 7TH AVENUE, FOR 230.03 FEET TO THE POINT OF BEGINNING. NOTES: 1. THIS IS NOT A BOUNDARY SURVEY, BUT IS A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. 2.NO MONUMENTATION WAS SET DURING THE PREPARATION OF THIS INSTRUMENT. 3.THE UNDERSIGNED & DELTA MAPPING AND SURVEYING, INC. MAKE NO REPRESENTATION OR GUARANTEES AS TO THE INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS -OF -WAY, SETBACK LINES, AGREEMENTS AND OTHER MATTERS, AND FURTHER, THIS INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH SUCH MATTERS. SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY AND/OR EASEMENTS RECORD. 4.NOT VALID WITHOUT THE SIGNATURE AND STAMPED SEAL OF A FLORIDA LICENSED SURVEYOR & MAPPER. 5.DIGITALLY SIGNED PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. 6.THIS ITEM HAS BEEN ELECTRONICALLY SIGNED & SEALED BY WALDO F. PAEZ, LS3284 ON 08/03/2020 USING A DIGITAL SIGNATURE CERTIFIED BY IDENTRUST.THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY WALDO F. PAEZ, LS3284, ON 08/03/2020 REVISIONS: DATE: 11`% %%$$Nush I FICgT <s _* No 3284 :* STATE OF .! ��50 ,�.'F DELTA MAPPING & SURVEYING, Inc Delta Mapping & Surveying, Inc LAND SURVEYORS• LAND PLANNERS 13301 S.W 132 Avenue, Suite 117 Miami, Florida 33186 L.B. No. 7950 PHONE: (786) 429-1024 FAX: (786) 592-1152 deltamapping@gmail.com Waldo F Paez Digitally signed by Waldo F Paez DN: c=US, o=Delta Mapping and Surveying Inc, ou=A01410C0000016DD4F2980A 000033CB, cn=Waldo F Paez Date: 2020.08.03 11:21:28 -04'00' WALDO F PAEZ DATE N. 3284 DATED 08/03/2020 JOB NO.: 20-0282 FB/PG: N/A DRAWN BY: M.G. CKD. BY: W.F.P. SHEET NO.: 1 OF 2 I I I I I I I I POINT I OF BEGI N NG 11W CO NR, J LOT 5 I I 20 F5 Delta Mapping & Surveying, Inc EXHIBIT "A" SKETCH & LEGAL DESCRIPTION 1020 NW 7 AVE LOT22 I LOT21 MIAM(OAOE CO NSIT FOUO: 0� 24 NE00-003AVE0 03-0022 LOT26 LOT25 L=139,37', R=340.50' d=23e127'06" T=170.67 N87° 2' 53"E 5.00; I I r � � N � 1. 1 VACATED PER NEW N.W. IITH STREET ALIGNMENT S87' 52' 53"W 226.84' 34.34 M 34.30 LOT20 CONSTRIICTIONAND P.G.L. PER CONIFER STATION CIVIL PLAN MN226-22 DATED 1-7 5, II— 1 I 1 5I ` PROPOSED RIG T-OF-WAY UNE PERATLASSHE 24R I 1 WII rnla a F F ~ 00 I I 8 I I O N87' 52 MI 2 I 3 in 25.00 WEAL! ljE, BLOCK I I PE y P.. 5, PG. 38 I-15_22 I—Zo•�zo' _J S87° 54' 4 "W 30.03' RIGHT-O�-WAY TO BE DEI DEDICA D I F�tEo1--t---1 (Ri {0 51RE° Is N.W'11II 1--I --1- �T I I 1 M 0 0 S2° 01' 52"E S22° 38' 42'W ARE TO PROPOSED RIGHT—OF—WAY = 51,618± SQ.FT. L=39.3 )', R=25.00' d=90°0128" T= 25.03 TO BE DEDICATED N 0 0 0 0 A 0 LOT18 NOTICE Thls submittal need& to I:rescheduled for a public hearing in accordance with timelin® set tens in the City Of Miami Code. The applicable decision -making body will reeewthe information at the public hearing to render recommendation or a final decision. PZ-20-7751 \-k /' Ij I 1 ; I rP01TLOF BEGINNING ORNER, LOT 1 NORTH LINE, BLOCK 1 PER P.B. 5, PG. 38 0 22.55' 3.59' 0 A 0 0 TO BE DEDICI,TED L=39.25', R=25.00' d. 9°56'40" 1= 24.98 175.35' N87' 54' 48°E 234.35'(M) 234.30'(P) L,J N LA SOUTH LINE, BLOCK I N87' 54' 481E 286.85' PER P.B. 5, PG. 38 _ -- - --� -- N.W. 10TH STREET 52' 53'W 20'- 25' 7.5'-1 5•---1-1 ZONED R H}OF-WAY LINE PERATIA SFeET24R EAST LIN , BOCK I PER P.B. 4, Py. 38 MAINT(NAVCE RIGHT-OF-WAY LINE PER F. O. DISTRICT VI SECTIO 8:140-2535 FILE99 43-803 SHEET 35'�I i 36.5•� PROPOSED RIGHT-OF-WAY LINE PERATIAS SHIIET 24R o I RIGHT-OF-WAY TO BE 0 I DEDICATED W '7"N I ti ¢sID O I I Z ape Cn i I Q O ud 10.00' N LNn � � ^ W C, N87° 5 i om wo CO 48"E 36.48'_ _ DENOTES RIGHT-OF-WAY LEGEND TO BE DEDICATED P.B. = PLAT BOOK PG. = PAGE DELTA MAPPING & SURVEYING, Inc LAND SURVEYORS• LAND PLANNERS 13301 S.W 132 Avenue, Suite 117 Miami, Florida 33186 L.B. No. 7950 PHONE: (786) 429-1024 FAX: (786) 592-1152 deltamapping@gmail.com GRAPHIC SCALE 50 0 25 50 ( IN FEET ) 1 TNCH = 50 FEPT JOB NO.: 20-0282 FB/PG: N/A DRAWN BY: M.G. CKD. BY: W.F.P. SHEET NO.: 2 OF 2 PDF.js viewer Pu$L,c r(1:17435►i 3595 96R134631 1996 ttav 21 16=1) EXTENDED LOW-INCOME HOUSING AGREEMENT THIS EXTENDED LO yi- NCOME OffSING AGREEMENT (this "Agreement") is made and entered into this (o clay of �y.1996, between the FLORIDA HOUSING FINANCE AGENCY (the "Agency"). a state agency and instrumentality and a public body corporate and potitie duly existing under the laws of the State of Florida, and CENTRAL CITY APARTMENTS, LTD., a Florida limited partnership (the "Owner'). PRF:AMHI,F WHEREAS. the Agency has hem created and organized pursuant to and in accordance with the provisions of the Florida Housing Finance Agency Act. Sections 420.301-420.516. Florida Statutes, as amended (the "Act"), and pursuant to Section 420.5099 of said Act, the Agency is the housing credit agency for the State of Florida (the "State") specifically authorized by statute to allocate low-income housing credit dollar amounts CTax Credits") under Section 42 of the Internal Revenue Code of 1486, as amended (the `Code"). and WHEREAS. the Agency has agreed, under certain conditions, to allocate Tax Credits to the Owner in connection with the construction of a multi -family residential rental housing project (the "Project"). known as Highland Park Apartments. located within Dade County, Florida {the "County"), the legal description for which is set forth in Exhibit "A" hereto. to be occupied partially (al (east forty percent (4051.) by individuals whose income is sixty percent (60"/) or Icss of area median grows income within the meaning of Section 42(g) of the Code). and WHEREAS. The Owner has made a knowing, voluntary and intelligent election to waive for thirty -live (35) additional years following the last day of thc Compliance Pcnod any prerogative it would have to collect rents on the Low -Income Units at rales determined by the rental market except as provided herein in accordance with thc requirements pursuant to the Code in return for 1994 Tax Credits and as attested and sworn to in the Carryover Allocation Certificate dated December 19, 1994; and THIS INSTRUMENT PREPARED 11)' Susan 3 Leigh FLORIDA !MUSING FINANCE AGENCY 227 North Oronough Street, Suite 5000 Tallahassee. Florida 32301-1329 rami I " ' 0 0 4- Q. NOTICE \ This submittal needs to be scheduled for a pu tam hearing In a ccord ante, ap ti melines set forth In the CiTy of Me rnl C©]e.The a rill's a tlecisien-maNing boyywt li 1 feNewN recommend . ors final demon 2ntlefa rsommentlation orafinal tlecitlon. PZ-20-7751 VIEW CO 2 httpsillonlineservicesmiami-dadeclerk.com/of'icialrecords/pdfj sviewer/web/viewer.html 12/18/2020 PDF. j s viewer Pt1Stic fr17� .,0,6 [r: WHEREAS, Section 42 of the Code provides that no Tax Credits shall be allowed with respect to any building unless an extended low-income housing commitment is in effect for such building at the end of such taxable year; and WHEREAS, in order to assure Owner compliance with the provisions of, and to evidence the Owners extended low-income housing commitment as required by, Section 42 of the Code, the Agency and the Owner have determined to enter into this Agreement in which they set forth certain terms and conditions relating to the Owner's operation of the Project; NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Agency and the Owner do hereby contract and agree as follows: AGREEMENT Section 1. Definitions and interpretation. (a) Unless otherwise expressly provided herein or unless the context clearly requires otherwise, the following terms shall have the respective meanings set forth below for all purposes of this Agreement. III" shall mean the Florida Housing Finance Agency Act. Florida Statutes, Section 420,501.516, as emended. "Aoeacy" shall mean the FLORIDA HOUSING FINANCE AGENCY. a state agency and instrumentality and a public body corporate and politic duly existing under the laws of the State of Florida, and any agency or other entity of the Suite of Florida that shall hereafter succeed to the powers, duties and functions of the Agency. 'Cads" shall mean the Internal Revenue Code of 1986, as amended. and any successor statute as it applies to the Tax Credits described herein, together with all applicable final. temporary or proposed Treasury Regulations and Revenue Rulings thereunder, Reference in this Agreement to any specific provision of the Code shall be deemed to include any applicable successor provision of such provision of the Code that may apply to the Tax Credits described herein. ('Compliance Period" shall mean. watt respect to any building that is included in the Project, a period of fifteen (15) years beginning on the first day of the first taxable year of the Credit Period with respect thereto. " cgai lX" shall mean Dade County, Florida. 2 NOTICE This submittal needs to be scheduled fora public hearing accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will reematne Norma -on at the public nearing to render a recommendation or a final deciaon. PZ-20-7751 02/03/21 VIEW COV https://onlineservices.mi ami-dadeclerk.com/officialrecords/pdfjsvi ewer/web/viewer. html 12/18/2020 PDF.js viewer "c--.tit Pc t" shall mean. with respect to any building that is included in the Project. the period of ten (If)) years beginning with (x) the taxable year in which the building is placed in service. t r (y) at the election of the Owner, the succeeding taxable year, "Extended l.nw-Income Housing Agreement" or "A tari" shall mean this Extended Low -Income Housing Agreement. as amended or supplemented from time In time. "fatended Use Period" shall mean. with respect to any building that is included in the Project. the period that begins on the first day of the Compliance Period in which such building is pan of the Project and ends on the later of: (i) thirty (30) years after the issuance of the final lux credit allocation with respect to such building (which date is the dole specified by the Agency as provided In Section 42(h)(6XD)(OM) of the Code). or (ii) that number of years after the last day of the Compliance Period for which the Owner shall have set aside a specified number of units in the Proycct for Low -Income tenants. Notwithstanding anything to the contrary elsewhere in this Agreement. if the Owner has set aside one or more units in the Project for Crow -Income Tenants in perpetuity. i.e., fifty ($0) years. the fxterrded lire Period shall continue in perpetuity, i.e., fifty (SO) years. "Csrosa Rent" shall mean any amount paid by a tenant in connection with the occupancy of a Residential Rental Unit. plus the cost ninny services that are required to be paid by a tenant as a condition for occupancy. plus the cost of any utilities. other then telephone. for such unit. If any utilities (other than telephone) arc paid directly by the tenant. "gross rent." also includes a utility allowance determined as set forth in this paragraph. "Gross Rent- does not include any payment under Section 8 of the United States Flouring Act of 1937 or any comparable rental assistance program with respect to such Residential Rental Unit or to thc occupants thereof, or any fee for supportive service that is paid to the owner of the unit on the basis of the kw income status of the tenant of such Residential Rental Unit by any governmental program of assistance or by any tax-exempt organisation if such program or organization provides assistance for root and the amount of assistance provided for rent is not separable Pram the amount of assistance provided for supportive services within the meaning of Section 42(gx2H8) of the Code. For purposes of the foregoing. the allowable utility allowance is: (i) the United States Department of Housing and Urban Development ("HUD") utility allowances (except as provided in clause (iv) hereof} in the case of a building whose rents and utility allowances are reviewed by HUD on an annual basis; (it) the applicable Public Housing Authority ("PHA") utility allowances established for the Section 8 Existing Housing Program (except as provided in clause (iv) hereof) In the case of a buitding.oecupicd by one or more tenants receiving HUD rental assistance payments ("HUD `tenant AssiFlancc'r); (iii) in the case of a building for which there is neither HUD Tenant Assistance. nor an applicable 1111D or RD utility allowance- the applicable PHA utility allowance; however, utility allowances based on estimates from local utility providers certifying the csttmoted costs of all covered utilities for units of comparable size and construction in the county where the building is located, determined in accordance with Internal Revenue Service Notice 89-6. may be obtained, in which case those estimates shall apply to all units of similar size and construction in thc building; or (iv) the applica"Ic RD utility allowance in the case of any Rent•Restrieted Unit in a building where either the building receives RD housing assistance (including a building that is HUD -regulated) or any tenant receives RD housing assistance 3 try far r_ C 0 4- A. ti Pt1B'_IC NOTICE This submittal needs N be scheduled fora public hearing In accordance p famelinessel forthin the. City of Miami a Code. The applicable decision -making body will renewme Norma -on at the punk hearing to render a recommenbadon or a final deciaon. PZ-20-7751 V. VIEW C%•• 02/03/21 2 https a/onlineservices.miami-dadecl erk. com/officialrecords/pdfj sveewer/web/viewer. html 12/18/2020 PDP.j s viewer °ff:174251 (including any Low -Income Tenant receiving HUD Tenant Assistance who resides in a building whets the building or any other tenant receives RD housing assistance). "I ow -Income Tenant7" shall mean individunls whose income is fifty percent (50%) or Tess of arca median gross income (adjusted for family size) within the meaning of Section 42(0{1) of the Code, as the same may he amended from lime In time (hut only (0 the extent such amendments apply in the Project) In no event, however. shall occupants of a unit be considered to be of low income if all the occupants arc students (as defined in Section I51(c)(4) of the Code, but excluding from such definition the following (x) single parents who arc students with all children also being students and the household receives AFDC payments, (y) tithe students are enrolled in cennin federal, state or loco! job training programs and are considered lower income, or (z) For projects receiving credit allocations after June 30. 1992. m housing unit occupied exclusively by full-time students may qualify as lower income if the students me n single parent and his/her minor children and none of the tenants are a dependent of a third party -Low-Income Unit" shall mean any unit in a building if.. (i) the unit is o Rem -Restricted Unit satisfying the requirements of Section 2 hereof, and (ii) the individuals occupying the unit are Low -Income Tenants (or the unit is held available for rental to Low -Income Tenants if previously rented to and occupied by Low -Income Tenants) as set forth in Section S(a) hereof. "jvlonito ing Agent" shall mean any monitoring agent unpainted by the Agency. "Owner" shall moon CENTRAL CITY APARTMENTS, LTD., n Florida limited partnership and its successors and assigns as permitted under Section 4 of this Agreement. "2 I.aled Person" to a person shall mean a relationship such that the "related person" bears a relationship to such person specified in Section 267(b) or Section 707(b)( I) of the Code. or the related person and such person arc engaged in trades or businesses under common control within the meaning of Section 52(a)-(b) of the Code. except that for purposes hereof, the phrase "10 percent" shall he substituted for the phrase "50 percent" in applying Section 267(h) and Section 707(b)( ). "Rent -Restricted Unit" shall mean a Residential Rental Unit where the Gross Rent with respect to such unit does not exceed thirty percent (10%) of the imputed income limitation applicable to such unit (or such higher limitation as provided by Section 42(g)(2l(t) of the Code). For purposes of the foregoing. the imputed income limitation applicable to o Residential Rental Unit is the income limitation set forth for Low -Income or Very Low-income Tenants occupying the unit if the number of individuals occupying the unit arc (x) one (I) individual. in the case of m unit that does not have a separate bedroom. and (y) one and one-half (l .51 individuals for each septunte bedroom. in the case of a'mil that has one or more separate bedrooms. " gaidcatial Rental Unit." shall mean dwelling units made available for rental. and not ownership, by Low -Income Tenants and members of the general public, each of which units shall contain complete living facilities that arc to be used other than on a transient basis together with tl° This submittal needs to be adle:Mb, fora public hearing accordance with timelines set forth in the. City of Miami Code. The applicable decision -making body will renew the Norma -don at the public hearing to render a recommend.. or a final deciaon. PZ-20-7751 j baps./lonlineservices. m ami-dadeclerk.com/official records/pdfj sviewer/web/viewer. html 12/18/2020 PDF.j s viewer orill r,174�� r facilities that arc functionally related or subordinate to the living facilities. The units shall at all times be constructed and maintained in substantial accordance with the applicable building code standards of the County. For purposes of the foregoing, a unit that contains sleeping accommodations and kitchen and bathroom facilities and Thal is located in a building used exclusively to facilitate the transition of homeless individuals to independent living and in which a governmental entity or qualified nonprofit organization provides such individuals with temporary housing and supportive services designed to assist such individuals in locating and retaining permanent housing shall not be deemed to be a unit occupied on u transient basis within the meaning hereof "Very Lots' -Income Tenants" shnll mean, with respect to the Owner's satisfying its commitments set forth in its Low -Income }lousing Tax Credit Application to the Agency, individuals whose income is forty percent (40%) or less of area median gross income (adjusted for family size) as determined in a manner consistent with Section 42(g)(I ) of the Code, as the same may be amended from time to time (but only to the extent such amendments apply to the Project). In no event, however, shall occupants of a unit be considered to be of low income if ail the occupants arc students (as defined in Section 151(c)(4) of thc Code. but excluding from such definition the following: (x) single parents who are students with all children also being students and the household receives AFDC payments. (y) if the students arc enrolled in certain federal, state or local job training programs and arc considered lower income, or (x) for projects receiving credit allocations after June 30, 1992, a housing unit occupied exclusively by full-time students may qualify as lower income if the students are a single parent and his/her minor children and none of the tenants are a dependent of u third puny. (b) All capitalized words and terms herein which arc not otherwise defined herein shall have the same meanings ascribed to them in Section 42 of the Code or in Treasury Regulations thereunder. (c) The terms and phrases used in the Recitals of this Agreement have been included for convenience of reference only, in the meaning, construction and interpretation of all such terms and phrases shall be determined by reference to this Section 1. Thc titles and headings in this Agreement have been inserted for convenience of reference only and shall, be deemed In modify and restrict any other provisions of this Agreement. (d) Unless the context dearly requires otherwise. words of masculine. feminine or neuter gender, as the case may be, shall be construed as including the other genders. and words of the singular number shall be construed to include the plural number, and vice versa. This Agreement and all of the teens and provisions hereof shall be construed to effectuate the purposes set forth in this Agreement and to sustain the validity hereof. Section 2. Ouallfled Low -Income Houses Project. The Agency and the Owner hereby declare their understanding and intent that, during the Extended Usc Period, the Project is to be owned, managed, and operated as a qualified low-income housing project as such phrase is defined in Section 42(g) of the Code. To that end, thc Owner hereby represents, covenants and agrees as follows: 5 wRi • Pu$L,c )TICE This submittal needs to be scbecluled fora public hear log fa ccordance ap timelines set forth In the City of Miami Code. The applluble decso ng body r remewme tnfonnaton at the public h€arin nearing m renderr a a recommendation or a final declvon. PZ-20-7751 V• VIEW CO�1 02/03/21 2 https://onlineservices. nuami-dadeclerk. com/officialrecords/pdtj sviewer/web/viewer.html 12/ 18/2020 PUB(/ PDF.js viewer °f r-1743573600 RfC. (a) That the Project is being constructed for purposes of providing a qualified low-income housing project, and the Owner shall own. manage and operate the Project as a qualified low-income housing project all in accordance with Section 42 of the Code; and (b) "fhut ail of the Residential Rental Units in the Project shad be similutly constructed and each such unit shall contain complete facilities for living. sleeping. eating, cooking and sanitation for at least a single individual or a family; provided. however. that a unit that contains sleeping ttecommodntions and kitchen and bathroom facilities and that is located in a building used exclusively to facilitate the transition of homeless individuals to independent living and in which a governmental entity or a qualified nonprofit organization provides such individuals with temporary housing and supportive services designed to assist such individuals in locating and retaining permanent housing shall not he deemed to be a unit occupied on a transient basis within the meaning of this Section.2tb): and (c) That, during the Extended 1Jsc Period. nonc of the Residential Rental Units in the Project shall at any time be utilized on a transient basis; except as provided in this Section 21c), none of the Residential Rental Units in the Project shall ever be leased or rented for an initial period of less than one hundred eighty (IRO) days. and neither the Project nor any portion thereof shall ever be used as a hotel. motel, dormitory. fraternity house, sorority house, rooming house, hospital, sanitarium, nursing home, rest home, trailer court or trailer park, or health club or recreational facility (other than recreational facilities that are available only to tenants and their guests without charge for their use and that are customarily found in multifamily rental housing projects); provided, however. that a single -room occupancy unit shall not be treated as used on a transient basis merely hecause it is rented on a month -to -month basis: and provided further that a unit that contains sleeping accommodations and kitchen and bathroom facilities and that is located in a building used exclusively to facilitate the transition of homeless individuals to independent living and in which a governmental entity or a qualified nonprofit organization provides such individuals with temporary housing and supportive services designed to assist such individuals in locating and retaining permanent housing shall not he deemed to he n unit occupied on a transient basis within the meaning of this Section 2(c); and (d) That, during the Extended Use Period. the Residential Rental Units in the Project shall be leased and rented, or made available for rental on a continuous basis, to members of the general public; and the n.vnor shun rut give preference in renting 13csidcntinl Rental Units in the Project to any particular class or group of persons, other than Low -Income Tenants or Very Low-income Tenants as provtded In this Agreement; and (a) That the Project shall consist of one (I) or more discrete edifices or other man-made construction, each consisting of an independent foundation, outer walls and roof. and containing four (4) or more Residential Rental Units and functionally -related facilities, all of which shall be: (x) owned by the same person for federal tax purposes; (y) located on a common tract of land or Iwo (2) or more contiguous tracts of land; provided, however, that separate tracts of land that arc separated only by a road, street, stream or similar property shall for purposes hereof be deemed to be contiguous; and (z) financed pursuant to common plan of financing. and which shall consist entirely of: rs This submittal needs to be scheduled for a pu tare hearing In ccordance wren timehnee set forth In the City of Meref C©tle. Theappllude tlecisio h€arinng rend ra femewlm reco rhendannepunnal de goo models menaaronoraenamer.lvon. PZ-20-7751 V! EW CO https://onli neservices.miami-dadeclerk.comlofficial records/pdfjsviewer/web/viewer.html 12/18/2020 PDF.js viewer ()) ,d SIC1r`!�]IJr IJ l Two (2) residential buildings comprised of thirty-five (35) residential units, consisting of twenty-four (24) two -bedroom, one -bath units comprising I',147 square feet each. and eleven (I 1) Ihree.hedrnem_ two. bath units comprising 1.156 square feet each; and (2) Residential Rental limits which arc similar in quality and type of construction and which will include the following amenities: laundry hookups in cach unit, air conditioning. energy features, microwave oven. security features, vertical blinds, and for elderly/handicapped/disabled tenants, bathrooms in set -aside units meet handicapped accessibility standards. no intcrnnl stairways in set -aside units. and all set -aside units on first floor or accessible by elevator: and (3) Facilities functinnaliy related and subnrdinntc in purpose and ci a to the property described in Section 2(c)(2) above, which will include a playground/tot lot, community room and an area for agricultural/fishing equipment storage on•site (none of which may be unavailable to any person because such person is a Low -or Very Low -Income Tenant) and other facilities that arc reasonably required for the Project_ (f) That, during the Extended Use Period. the Owner shall provide the following tenant programs: day care, counseling, educational courses, job (ruining and tenant activities. Additionally, the Owner will offer financial incentives w qualified tenants wishing to move into home ownership in the form of, 1) DBA mortgages - 0% interest first mortgages, 2) AHP funds - tn reduce the first mortgage debt by buying down the mortgages to a debt level which is appropriate for the family, or 3) HOPE 3 program - purchases foreclosed properties directly from FHA. substantially rehabilitates and then holds second mortgages in the amount needed to make them affordable to tow- and very -low-income families; and (g) That, during the Extended Use Period. the Project shall not include a unit in 0 building where all Residential Rental Units in such building are not also included in the Project; and (h) That, during the Compliance Period, the Owner shall not convert the Project to condominium ownership; and (i) That, during the Compliance Period, no part of the Project shall at any time be owned or used by a cooperative housing corporation; and (j) That, during the Extended Use Period. no unit in the Project shall be occupied by the Owner ar a Related Person to the Owner at any time (x) unless such person resides in a unit in a building or structure which contains at least five (5) Residential Rental Units. or (y) except is provided in Section 42(i)(3)(E) of the Code; and 7 This submittal needs to be scbecluled fora public hear log fa accordance p tmelines set forth In the City of a Miami Code. The pplluble decso h€,rin ng body MI a reNewme Infonnaton at the public hearing to render a recommend. on or a final decision. PZ-20-7751 httpslionlineservices.rniami-dadeclerk.com/officialrecords/pdfj svi ewer/web/v i ewer. html 12/ 18/2020 PDF.js viewer c:17435rf (k) That, during the Extended Use Period, Owner shall not refuse to lease a unit to a holder of a voucher or certificate of eligibility under Section R of the United States Housing Act of 1937 because of the status of the prospective tenant as such a holder. (1) T hat the Owner shall not discriminate on the basis of age, race, creel, religion, color, scx, marital .status, family status, handicap or national origin in the lease. use or occupancy of the Project or in connection with the employment or application for employment of persons for the operation and management of the Project; provided, however. that nothing herein shall be deemed to preclude the Owner from discrimination based en income in renting Residential Rental Unfits set aside for Low -Income Tenants or for Very Low -Income Tenants in compliance with the requirements of the Codc; and (m) That the Owner shall submit the certificate with respect to the first year of the Credit Period and such annual reports in the Secretary of the Treasury as required by Sections 42(1)(11 and (1X2) of thc Code and deliver a copy thereof to the Agency and to the Monitoring Agent. and shall submit such information to the Agency as the Agency may request in order for the Agency to comply with Section 42(I)(3) of the Code and for the Agency to monitor thc Owner's compliance with Section 42 of the Code, the Agency's rules and regulations codified at Florida Administrative Codc. Chapter 91-33. and Ike provisions of the Agreement: and (n) That, during the Extended Use Period, the Owner shall comply with the following commitments that were the basis of thc Agency's competitive scoring and ranking of the Owner's application for Tax. Credits in satisfaction of the Agency's responsibilities under Section 42(n) of the Code. and as required by the Agency's rules and regulations implementing such responsibilities. Florida Administrative Codc, Rule 91-33.010(1): (i) Notwithstanding Section 3(a) below to the contrary, commencing with the issuance of the first certificate of occupancy for any building included in the Project, at least onc- hundred percent (100%) of the occupied and completed Residential Rental Units included in the Project shall be occupied by and rcntcd to Low- and Very Low -Income Tenants or held available for rental to Low- and Very Low -Income Tenants. tit) In addition to the requirements Set forth in Section 2(n)(i) above and in Section 3(a) below, commencing with thc issuance of the first certificate of occupancy for any building included in.thc Project at (east twenty percent (20%) of the occupied and completed Residential Rental Units included in the Project shalt be occupied by and rented to persons with incomes which do not exceed forty percent (40r/u) of the arca median income (adjusted for family size). (iii) For purposes of complying with the requirements set forth in Section 2(n)(i) and (ii) above, if the income of an individual of family resident in o Residential Rental Unit did not exceed the applicable income limit (adjusted for faintly size) at the commencement of such residents occupancy, the income of such tndtviduat or family shall be treated as continuing to not exceed the applicable income limit as long as such Residential Rental Unit remains a Rent -Restricted Unit. The preceding sentence shall ccasc to apply to any individual or family a This submittal needs to be scbetluled fora public hear log fa accordance p tmelines set forth In the City of a Miami Code. The pplluble decisio h€urin ng body render a reNewme Infonnaton at the public hearing to antler a recommenbati on or a final decision. PZ-20-7751 02/03/21 fi https:/lonlineservices.miami-dadeclerk.com/officialrecords/pdfisviewer/web/viewer.html 12/18/2020 PDF.js viewer ofr.174Mr2€00 a[[. whose income. as o1 the most recent determination, exceeds one -hundred -forty percent (t 4a%) of the applicable income limit (adjusted for fancily size). if after Such determination, but before the next income determination. any Residential Rental Unit ofcomparable or smaller size in the building is occupied by a new individual nr family resident whose income exceeds the applicable income limit (adjusted for family size) for Low -Income Tenants or Vcry Low-lncomc Tenants, as the case may be. (iv) Ebe Owner shall obtain from each low-income Tenant and Very Low -Income Tenant and maintain on file an Income Certification pursuant to the requirements and procedures found in the Low-lncomc Rental Rousing Talc Credit Compliance Manual immediately prior to the initial occupancy ofa Residential Rental Unit in the Project by such tenant, The Owner shall also obtain. at least annually thcreafer, and maintain on file an Income Certification from each Low -Income Tenant and Very Low -Income Tenant (and from each tenant whose income is treated as continuing not to exceed the applicable income limit as provided in Section 2(n)(i) and (ii) above) to determine whether the then current income of such tenants (or such tenants whose income is treated as continuing not to exceed the applicable income limit as provided in Section 2(n)(i) and (ii) above) residing, in the Project exceed the applicable income limits, adjusted for family size. In addition, the Owner shall require each Low -Income Tenant and Vcry Low -Income Tenant for tenant whose income is treated as continuing not to exceed the applicable income limit as provided in Section 2(n)(i) and (ii) above) to notify the Owner of any material change of information in his, her or their. as the case may be. most recent Income Certification. The Income Certification shall be in the form and contain such information as may bc required by the policies of the Agency. as the same may he, from time to time, amended by the Agency on the advice of Counsel- For all protects receiving Tax Credit allocations since January 1, 19g7, the Owner shall submit Program Reports, Recap of Tenant Income Certification information and Annual Owner Compliance Certification annually throughout the Compliance Period- The initial reports shall be submitted to the Agency not later than thirty (30) days after final allocation is made. Subsequent reports shall be submitted to the Agency annually on a dale assigned by the Agency. in addition. the Owner shall submit the Program Report. Recap al -Tenant Income Certification Information and copies of Tenant income Certification for at (east Ion percent (10%) of the lower -income units in the project to the monitoring agency annually. Additional reports and infornation shall be submitted to the Agency as such other times as the Agency may. in its sale discretion. request. (v) The Owmcr shall maintain complete and accurate records pertnining to the Residential Rental Units occupied by and rented to (or held available for rental to) Low -Income Tenants and Very Low-income Tenants for at 'least six (fs) years following the indicated dote of each such record and shall permit any duly authorized representative of the Agency or the Monitoring Agent, to inspect the books and records of the Owner pertaining to the Income Certilicationc and income suhslantiation materials of Low -Income Tenants and Very Low-income Tenants (and such tenants whose income is treated ns continuing not to exceed the applicable income limit as provided in Section 2(n)(i) and (ii) above) residing in the Project upon reasonable notice and atreasonable times. 9 'rw �M 'tJ sa st: ;r et, This submittal needs to be scbecluled fora public hear log fa accordance p timelines set forth In the City of Miami Code. The1pplluue decisio ng body M I reNewme Infonnaton at the public Ilarinhearing to render a recommendad on or a final decision. PZ-20-7751 https://onlineservices.miami-dadeclerk. comfofficialrecords/pdfj svi ewer/web/viewer. html 12/18/2020 PDF,js viewer (vi) The Owner shall immediately notify the Agency and the Monitoring Agent if at any time the Residential Rental Units in the Project are not occupied or available for occupancy ns provided in Section 2(n)(i) and (ii) above. Section 3. Lott- and _very Lott-IncomeTestapti. Loin- wad Very Law -Income Uni jj. In order to satisfy the requirements 01 the Code. the Owner hereby represents, covenants and agrees that. during the Extended Use Period: (a) Not later than the close of the first (1st) year of the Credit Period for each building included in the Project, al lent Pony percent (40%) of the occupied and completed Residential Rental Units included in the Project shall be both Rent -Restricted Units and rented to and occupied by Low -Income Tenants. and after 1hr initial rental occupancy of such Residential Rental Units by Low-income Tenants. at (cast forty percent (40%) of the completed Residential Rental Units in the Project at all times shall be both Rent -Restricted Units and rented to and occupied by (or held available for rental to, if previously rented to and occupied by a Low -Income Tenant) Low -Income Tenants as required by Section 42(g)(1) of the Code. At least one -hundred percent (100%) of the dwelling units must be occupied and rented to Low- and Very Low -Income persons. Not less than twenty percent (20%) of the units in the project shall be lensed, rented tsr mnde nvailnble an a continuous basis to persons or households whose incomes are forty percent (40%) or less of the area median income (adjusted for family size), and not less than eighty percent (gfl%) of the remaining units in the project shall be leased, rented or made available on a continuous basis to persons or households whose incomes are fifty percent (50%) or Tess of thc area median income (adjusted for family size). as determined by iIUD. The gross monthly rents for all units shrill not exceed thiny percent (30%) of the imputed income limitation applicable to such unit as defined in Section I(a). For purposes of complying with the foregoing requirements, if (x) the income of an individual or family resident in a Rent -Restricted Unit did not exceed the applicable income limit (adjusted for family size) at the commencement of such resident's occupancy and (y)Such unit continues to be a Rent -Restricted Unit, the income of such individual or family shall be treated as continuing 10 not exceed the applicable income limit. The preceding sentence shall cease to apply to any individual or family whose income. as of the most recent determination, exceeds one hundred forty percent (140%) of the applicable income limit (adjusted for family size) if, after such determination, but before the next income determination. any Residential Rental Unit of comparable or smaller size in thc building is occupied by a new individual or family resident whose income exceeds the apphcahlc income limit (adjusted for family size). (b) During each taxable year in the Extended Use Period, the applicable fraction (ns such term is defined in Section 42(c)(B) and is used in Section 42(h)((,) of Code) shall not be less than the smaller of: (i) the unit fraction or (ii) the floor space fraction (as such terms arc defined in Sections 42(c) of the Code). (c) The Owner shall not evict or terminate the tenancy of any tenant (including any tenant whose income is treated as contintrktg not to exceed the applicable income limit as provided in Section 3(a) above) of any Low -Income Unit in the Project, other than for good This submittal needs to be scbecluled fora public hear log fa accordance p tmelines set forth In the City of a Miami Code. The pplluble tlpublcn-malong body srMI a reNewme Infonnaton at the public hearing to render a recommendad on or a final decision. PZ-20-7751 https://oniineservices. m i ami -dadeci erk com/offici alrecords/pdfj sviewer/web/viewer. html 12/18/2020 PU$&/C PDF.js viewer lrr.l7'• Pf A C2605 cause. or increase the Gross Rent with respect to such Low -Income Units in excess of the amount allowable as Rent -Restricted Units. (d) The Owner shall obtain from each Low -Income Tenant and Very Low -Income Tenant and maintain on file an Income Certification pursuant to the requirements and procedures found in the Low-income Rental Housing Tax Credit Compliance Manual immediately prior to the initial occupancy of n dwelling unit in the Project by such Low -Income Tenant and Very Low -Income Tenant. The Owner shall also obtain, at (cast annually thereafter, and maintain on felc an Income Certification from cacti Low -Income Tenant and Very Low -Income Tenant (and From each tenant whose income is treated as continuing not to exceed the applicable income limit us provided in Section 3(a) above) to determine whether the then current income of such Low -Income Tenants or Very Low -Income Tenants (or such tenants whose incomes are treated as continuing not to exceed thc applicable income limit as provided in Section 3(a) above) residing in the Project exceed the applicable income limits, adjusted for family size. In addition. the Owner shall require each Low -Income Tenant and Very Low-Incomc Tenant (or tenant whose income is treated as continuing not to exceed the applicable income limit as provided in Section 3(a) above) to notify the Owner of any material change of information in his, her or their. as the ease may be. most recent income Certification. The Income Certification shall be in the form and contain such information as may be required by the Codc and the policies of thc Agency. as the same may be from time to time amended by the Agency on the advice of Counsel. or in such other form and manner as may be required by applicable rules. rulings. pmcldures. official statements. regulations or policies now or hereafter promulgated nr proposed by the Department ofihe Treasury or the Internal Revenue Service with respect to Tax Credits. 'For all projects receiving Tax Credit allocations since January 1. 1981, the Owner shall submit Program Reports. Recap of Tenant Income Certification Information and Annual Owner Compliance Certification annually throughout the Compliance Period. The initial reports shall be submitted to the Agency not later than thirty (30) days aI cr final allocation is made. Subsequent reports shall be submitted to the Agency annually on a date assigned by the Agency. In addition, the Owner shall submit the Program Report, Recap of Tenant Incomc Certification information and copies of Tenant Income Certification for at least ten percent (10%) of the lower -income units in the project to the monitoring agency annually Additional reports and information shall be submitted to the Agency at such other times as the Agency may. in its sole discretion. request. (e) the Owner shall maintain complete and accurate records pertaining 10 the Low-Incomc Units and Very Low -Income Units for at least six (ft) years following the indicated date of each such record and shall permit any duly authorized representative of the Agency- the Monitoring Agent. the Department of the Treasury nr the Internal Revenue Service to inspect the books and records of thc Owner pertaining to the income Ccnitications and income substantiation materials of Low-Incomc Tenants (and Such tenants whose income is treated as continuing not to exceed the applicable income limit as provided in Section 1(n) above) residing in the Project upon reasonable notice and at reasonable times. (1) 'Mc Owner shall immediately notify the Agency and the Monitoring Agent if at any time the Residential Rental Units in the Project arc nor occupied or available for occupancy as provided in Section 3(al above. 11 • G 0 4- A. This submittal needs to be scheduled fora public hear log fa accordance p tmelines set forth In the City of a Miami Code. The pplluble decision-malong body MI reNewme Infonnaton at the public hearing to render a recommenbat on or a final decision. PZ-20-7751 VICO�4 EW 2 https://onlineservices.miami-dadeclerk.corn/offiicialrecords/pdfj sviewer/web/viewer.html 12/18/2020 PDF.js viewer °i r:1i 42, ►, (g) Notwithstanding anything elsewhere in the Agreement, the Owner undertakes, agrees and covenants that the Extended Use Period shall continue for perpetuity. i.e.. fifty (50) years. so That its obligation to set aside thc one -hundred percent (100 a) of the Rent Restricted Units for 1 ow -Income Tenants or Very Low -Income Tenants shalt likewise continue for perpetuity, i.e., fitly (50) year Section 4. (a) The Owner shall not enter into a salt, lease. exchange. assignment. conveynncc, transfer or other disposition (collectively, a "Disposition") of the Project or any building in the Project (i) unless such Disposition is of all of a building in the Project, and (ii) without prior written notice to the Secretary• of the Treasury and to the Agency, and the compliance with all rules and regulations of the Department of the Treasury and thc Agency applicable to such Disposition. The Owner shall notify the Agency in writing of the name and address of the person to whom any Disposition has bean made within fourteen (14) days alter the date thereof. 11 is hereby expressly stipulated and agreed that any Disposition of the Projcct or oCany building in the Project by thc Owner in violation of this Section 4 shall be null. void and without effect, shall cause a reversion of title to the transferor Owner, and shall be ineffective to relieve the Owner of its obligations under This Agreement. TThe Owner shall include, verbatim or by incorporation by reference, all requirements and restrictions contained in this Agreement in any deed or other documents transferring any interest in the Projcct or in any building in the Projcct to any other person or entity to the end that such transferee has notice of and is bound by such restrictions. and shall obtain the express written assumption of this Agreement by any such transferee. (b) The restrictions conutined in Section 4(a) shall not be applicable to any of the following: (1) any transfer pursuant to or in lieu of a foreclosure or any exercise of remedies (including, without limitation. foreclosure) under any mortgage on thc Project. provided, however, that neither the Owner nor any Related Person to the Owner shall acquire any interest in thc Project during the remainder of the Extended Use Period; (2) any sate, transfer, assignment. encumbrance or addition of limited partnership interests in the Owner; (3) grants of utilityrclatcd easements and governmental easements. shown on the title policy approved by the Agency and any other casement and use agreements which may be consented to by the Agency and Service -related leases or easements. such as laundry service lenses nr television cable easements, over portions of the Project; provided. however, the same are granted in the ordinary course of business in connection with the operation of the Project as contemplated by this Agreement; (4) leases of apartment units to tenants. including Very Low -Income Tenants, in accordance with this Agreement, (5) any sale or conveyance to a condemning governmental authority as a direct result of a condemnation or a governmental taking or a threat thereof: (6) the placing of a subordinate mortgage lien, assignment of leases and rents or security interests on or pertaining to the Project if made expressly subject and subordinate to this Agreement; or (7) any change in allocations or preferred retum of capital, depreciation or losses or any final adjustment in capital accounts (all of which mny be freely transferred or adjusted. by Owner pursuant to Owners partnership agreement) 12 s I. This submittal needs to be scbecluled fora public hear log fa accordance p tmelines set forth In the City of a Miami Code. The pplluble decso hearing. rig body MI a reNewme Infonnaton at the public hearing to render a recommended on or a final decision. PZ-20-7751 https: //onl i neservi ces. miam i-dadecl erk. com/official records/pdfj svi ewer/web/viewer. html 12/18/2020 PDF.j s viewer itr-.17435ff3E07 Section 5. Project Within Agency's Jurisdiction The Owner hereby represents and warrants that each building in the Project shall be located entirely within the limits of the County, Section 6. Perm of this Agreement (a) This Agreement shall become effective upon its execution and delivery, and shall remain in full force and effect until the expiration of the Extended Use Period or except as otherwise provided in this Section 6. Upon the termination of this Agreement, upon request of any party hereto, the Agency and the Owner or any successor party hereto shall execute a recordable document prepared by the Agency or its Counsel further evidencing such termination. (h) The restrictions contained in Section 2 and Section 3 of this Agreement regarding the use and operation of the Project and of each building in the Project shall automatically terminate in the event of involuntary noncompliance caused by fire, seizure. requisition. foreclosure or transfer of title by deed in lieu of foreclosure to an entity other than the Owner or a Related Person of the Owner (except as may otherwise be determined by the Secretary of the Treasury). change in a federal law or art action of a federal authority after the date hereof which prevents compliance with the covenants expressed herein. or condemnation or similar event (as determined by the Agency upon the advice of Counsel). in such event, upon the request and at the expense of the Owner. the panics hereto shall execute an appropriate document in recordable form prepared by odic Agency or its Counsel to evidence such automatic termination_ This Section 6(h) shall not apply (and the restrictions contained in Sections 2 and 3 shall thereafter apply) to the Project in the event that, subsequent to any involuntary noncompliance as described in this Section 6(b) but prior to the expiration of the Extended Use Period. ()Oa Related Person to the Owner obtains an ownership interest in the Project for tax purposes. or (y) the Secretary of the. Treasury determines that such foreclosure or transfc, of title by deed in lice of foreclosure is pan of an arrangement to terminate this Agreement, (c) The restrictions contained in Section 2 and Section 3 of this Agreement regarding the use and operation of the Project and of each building in the Project shall remain in perpetuity. i.e., fifty (50) years. (d) Notwithstanding the termination of the restrictions contained in Section 2 and Section 3 prior to the expiration of the Extended Use Period. the Owner (including any successor or assignee of the Owner) shall not, prior to the end of the three (3) year period following such termination: (i) evict or terminate roe tenancy ofany existing tenant (including any tenant whose income is treated as continuing riot to exceed the applicable income limit as provided in Section 3(a) above) of any Low -Income Unit or Very Low -Income Unit, ether than for good cause, or (ii) increase the Gross Rent with respect to such Low -Income Units or Very Low-income Units in excess of the amounts allowable as Rent -Restricted Units (c) Notwithstanding any other provisions of this Agreement, this entire Agreement. or any of the provisions or sections hereof. may be terminated upon agreement by the Agency and the Owner if there shall have been received an opinion of Counsel to the Agency that such termination is permitted wider Section 42 of the Code. 13 G 0 O. NOTICE This submittal needs to be scheduled fora public hearing accordance with timelines set forth in the. City of Miami Code. The applicable decision -making body will renew the Norma -on at the public hearing to render a recommend.. or a final deciaon. PZ-20-7751 \ 02/03/21 VIEW COVE https://onlineservices.miami-dadeclerk com/ofticialrecords/pdfjsviewer/web/viewer html 12/18/2020 PDF.js viewer R«:1743bPf08 Section 7. Indemnification. The Owner hereby covenants and agrees to indemnify and hold the State. the Agency and the Monitoring Agent. and their respective members. directors. officers. employees. attorneys. agents and representatives (any or all of the foregoing collectively referred to as the "Indemnified Persons') harmless from and against any and all losses, damages, judgments (including specifically punitive damage awards), arbitration awards, amounts paid in settlements, costs and expenses and liabilities of whatsoever nature or kind (including. but not limited to. reasonable attorneys, fees. whether or not suit is brought and whether incurred in connection with settlement negotiations. investigations of claims, at trial, on appeal, in bankruptcy or other creditors' proceedings or otherwise. expert witness fees and expenses and coup costs) directly or indirectly resulting from, arising out Mar in connection with any act Of omission to oct by the Owner or any of its partners. directors, officers, employees. attorneys or agents or other persons under direct contract to the Owner or acting on its behalf. resulting from. arising out dot relating to: (i) the granting of (or failure to giant) arty low-income housing tax credits, (ii) the interpretation or enforcement of any provision of this Agreement (including but not limited to any action by any tenant to enforce thc provisions hereof), (iii) any written statements or representations made or given by thc Owner or by any partner. director. officer, employee, attorney or agent of the Owner or by any person under direct contract to the Owner or acting on the Owner's behalf to any person to whom the Owner sells or offers to sell any interest ih low-income housing tax credits. or (iv) the design. construction. installation. operation. use, occupancy, maintenance or ownership of the Project. Each Indemnified Person will promptly, and alter notice to such Indemnified Person (notice to the Indemnified Persons being serviced with respect to the filing of an illegal action. receipt of any claim in writing or similar form of actual notice) of any claim us to which he asserts a right to indemnification. notify the Owner of such claim. Each Indemnified Person will provide notice to the Owner promptly. but in no event later than seven (7) days following his receipts of a ft)ing relating to legal action or thirty (30) days following his receipt of any such other claim. If any claim far indemnification by one or more Indemnified Persons arises out of a claim for monetary damage by a person other than thc Indemnified Persons. the Owner shall undertake to conduct any proceedings or negotiations in connection therewith which are necessary to defend the Indemnified Persons and shall take all such steps or proceedings as the Owner in good faith deems necessary to settle or defeat any such claims. and to employ counsel to contest any such claims: provided, however. that the Owner shall reasonably consider the advice of the Indemnified Persons as to the defense of such claims. and the Indemnified Persons shall hove the right to participate, at their risen expense. in such defense. but control of such litigation and settlement shall remain with the Owner. The Indemnified Persons shall provide all reasonable cooperation in connection with any such defense by the Owner. Counsel (except as provided above) and auditor fees. filing fees and court fees of all proceedings. contests or lawsuits with respect to any such claim or asserted liability shall be borne by the Owner. If any such claim is made hereunder and the Owner does not undertake the defense thereof. the indemnified Persons shall be mulled to control such litigation and settlement and shall be entitled to indemnity for all costs and expenses incurred in connection therewith pursuant to the terms of this Section 7. To the extent that the Owner undertakes the defense of such claim, the Indemnified Persons shall be 14 •r, This submittal needs to be scbecluled fora public hear log fa accordance p timelines set forth In the City of a Miami Code. The pplluae tlpublrn-malong body MI a remewme tnfonnaton at the public nearing m render a recommenaadon or a final session. PZ-20-7751 https://onlineservices.miami-dadeclerk. com/official records/pdfj sviewer/web/viewer. html 12/18/2020 PDF.js viewer PU$L,c y U€:1743rr2C19 entitled to indemnity hereunder only to the extent that such defense is unsuccessful as determined by a final judgment of a court of competent jurisdiction, or by written acknowledgment of the parties. The Owner reserves the right to appeal any judgment rendered. Section 8. Rift osc. The Agency and the Owner hereby recognize and agree that the representations and coven -us set forth herein may be relied upon by all persons interested in the legality and validity of the Owner's use of the Tax Credits. In performing their duties and obligations hereunder, the Agency may rely upon statements and certificates of the Owner and Low -Income Tenants believed in good faith to be genuine and to have been executed by the proper person or persons. and upon audits of the books and records of the Owner pertaining to occupancy of the Project. No inierlineation or manual alteration to the typed version of this Agreement shall be permitted unless initialed by all panes to the Agreement. in addition, the Agency may consult with counsel. and the opinion of such counsel shall ba full and complete authorization and protection with respect to any action taken or suffered by the Agency hereunder in good faith and in conformity with the opinion of such counsel. The Owner shall reimburse the Agency for reasonable attorneys fees and expenses incurred in obtaining the opinion of such counsel. In performing its dunes and obligations hereunder. the Owner may rely upon certificates of Low -Income Tenants reasonably believed to be genuine and to have been executed by the proper person or persons. The Owner may rely on thc rules. regulations. guidelines and policies of the Agency. the Department of the Treasury, and upon reasonable interpretations of the same. Section 9. Enforcement by the Agency and by Tenants. 'lithe Owner defaults in the performance of its obligations under MIS Agreement or breaches any covenant, agreement or warranty of the Owner set forth in this Agreement, and if such default or breach remains uncured fora period of sixty (60) days (or ninety (90) days for any default not caused by a violation of Section 2 or 3 hereof) after written notice thereof shall have been given by the Agency to thc Owner (or for an extended period approved in wnting by Agency Counsel (x) if such default or breach stated in such notice can be corrected. but not within such sixty (60) day (or ninety (90) day) period, and (y) if the Owner commences such correction within such sixty (60) day (or ninety (90) day) period and thereafter diligently pursues the same to completion within such extended period), then the Agency shall give nonce of such default or breach to the Internal Revenue Service and may terminate alt rights of the Owner under this Agreement. and the Agency may take whatever other action al law or in equity or otherwise. whether for specific performance of any covenant in this Agreement or such 3ther remedy as may be deemed most effectual by the Agency to enforce the obligations of the Owner under this Agreement. Notwithstanding any of the foregoing, the Agency shall have the right to seek specific performaocc of any of the covenants, agreements and requirements of this Agreement concerning the construction and operation of the Project and any person who satisfies the income limitations applicable to Low -Income Tenants hereunder (whether prospective. present or former occupants Many Residential Rental Unit in any building included in the Project, including any tenant whose income is treated as continuing not to exceed the applicable income limit as provided in Section 3(a) above) shall separately have the right to seek specific perfomlance and ntherwiso 1S V 0 a. NOTICE This submittal needs to be scheduled fora public hearing accordance with timelines set tort in the City of Miami Code. The applicable decision -making body will renew me Norma -don at the public hearing to render a recommend.. or a final deciaon. PZ-20-7751 \ 02/03/21 VIEW CO https.//onlineservices.mlam i-dadeclerk.tom/offrcialrecords/pdfj sviewer/web/viewer, html 12/18/2020 PU8LIc PDF . j s viewer arr,1r74tr r 261O RCC. enforce the requirements of Section 3(6) and Section 3(c) with respect to such building that is part of the Project. The owner must obtain the Agency's approval of -the management company selected to manage the project. The Agency must bc advised of any change in the Owner's selection of o management company, and the company must bc approved by the Agency prior to the firm assuming responsibility for thc project The Agency shall have the right to require the Owner to remove any Manager or Managing Agent who does riot require compliance with this Agreement upon such Manager's or Managing Agent's being given thirty (30) days' written notice of a violation, and such right shall he expressly acknowledged in any contract between thc Owner and any Manager or Managing Agent. The Agency shall have the right to enforce this Agreement and require curing of defaults in shorter periods than specified above if Agency Counsel makes a reasonable determination that such shorter periods are necessary to comply with Section 42 of the Code. Section 10. Recording and Fiiiu Covenants to Run with the Land. (al Upon execution and delivery by the parties hereto, the Owner shall cause this Agreement and all amendments and supplements hereto to be recorded and filed in the official public records of the County in such manner and in such other places as the Agency may reasonably request and shall pay all fees and charges incurred in connection therewith. (b) This Agreement and the covenants herein shall run with the land and shall bind. and the benefits shall inure to. respectively. the Owner and the Agency and their respective successors and assigns during the term of this Agreement, (c) Upon reasonable notice, if there has been no event of default under this Agreement, the Agency shall furnish to the Owner a statement in writing certifying that the Agreement is not in default Section 11. Amendments Required by the ['ride. To the extent that Section 42 of the Code or any amendments thereto and any final or temporary Treasury Regulations or Revenue Rulings thereunder shall impose requirements upon thc ownership or operation of the Project more or less restrictive than those imposed by this Agreement, the Owner and the Agency agree that this Agreement shall be deemed to be automatically amended to impose such additional or more restrictive requirements or to impose less restrictive requirements, as appropriate; provided. however, this Section I 1 shall not afTect requirements of this Agreement imposed by State law or agreed to by the Owner that were the basis of the Agency's competitively scoring and ranking the Owner's application (including any modifications or supplements thereto) for Tax Credits, The Owner and the Agency shall execute. deliver and. if applicable, file of record any and all documents and instruments necessary in the reasonable opinion of Counsel to the Agency to be 16 a err, one a NOTICE This submittal needs to be scheduled for a publ. hearing In a ccord ante, Irerldeti melines set forth In the CiTy of Me rnl C©tle.Theaonattre tlecisie h€arinngrend ell feNew Neicomtaenn at or a final de tnon 2ndefa rsommentlffion or a final tleeitlon. PZ-20-7751 4If EWCO4 https ../lonl i neservi ces. m i am i -d adec l erk. com/off i ci alrecord s/pdfj svi ewer/web/viewer. html 12/18/2020 PDF.js viewer 'R(71I4512611 in compliance with the provisions of Section 42 and all other provisions of the Code and Florida law relating to Tax Credits. Section 12. Governtn Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Section 13, Notice. Any notice required to he given hereunder shall be given by personad delivery. by registered or certified U.S. Mail or by expedited delivery service at the address as specified below or at such other addresses as may be specified by notice to the other parties hereto. and any such notice shall be deemed received on the date of delivery, if by personal delivery or expedited delivery service, or upon actual receipt if sent by registered or certified U.S. Mail! Agency: Owner: FLOIUDA HOUSING FINANCE AGENCY 227 North 6ronough Street. Suite 5000 Tallahassee, Florida 32301-3129 Attn: Susan 1. Leigh Executive Director CENTRAL CITY APARTMENTS. LTD. 1460 Bockell Avenue, Suite 309 Miami. Florida 33131 Ann: Agustin Dominguez Section 14. $everablllty. If any provision of this Agreement shall be bcld by any court of competent jurisdiction to be invalid. illegal or unenforceable, such provision shall be deemed omitted from this Agreement and the validity, legality and enforceability of the remaining portions of this Agreement shall remain in full force and effeet. but such holding shall not affect the validity, legality or enforceability of such provision under other. dissimilar facts or circumstances. Section I. Multiple C:ounlerparts, This Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument and each of which shall be deemed to be an original. Section 16. lijoding Effect. This Agreement shall be binding upon and inure to the benefit of each of the parties and their successors and assigns, but this provision shall not be construed to permit assignment by the Owner without the written consent of the Agency. (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 17 This submittal needs to be scbecluled fora public hear log fa accordance p tmelines set forth In the City of a Miami Code. The pplluble decso ng body ra reNewme Infonnaton at the public h€arin hearing to renderr a recommenbat on or a final decision. PZ-20-7751 https://onlinesenrices.miami-dadeelerk.com/offi ci alrecords/pdfj svi ewer/web/viewer. html 12/18/2020 PDF j s viewer :T74r12 SIGNATURE PAGE FOR IN WITNESS WHEREOF, the Agency and the Owner have executed this Agreement EIS of the date first written above WITNESSES. FLORIDA HOUSING FINANCE AGENCY, a stale agency and instSumenuality and a public body corporate and politic duly existing under the laws of the State of Florida &JA.A;..04-QA,LAZ. CM^r By: dliwia.Cunrliel r A fi fk iv, A. Ask• STATE OF 21drt.i COUNTY OF vu Susan I. Leigh Executive Di Secretary (SEAL) The foregoing instrument was executed and acknowledged before me this /041 day of 19 qCk by Susan 1.I.eigh as Executive Director and Secretary ofthe FLO DA HOUSING FINANCE AGENCY, a state agency and instrumentality and a public body corporate end politic duly existing under the laws of the State of Florida, on behalf of said Agency. She is personally known to me and did not take an oath or affirmation. 440 Notary Public Printed N7une: Beyft A• Elrod My Commission Expires: 94 18 This submittal needs to benched.. fora public nearing accordance applicable .noires set forth In the City of Mlae Code. The aonatte decso h€arinng bodywill maewthe Inbnnaton at the public hearing to ran., a recommend.. or a final decision. https://onlineservices.miami-dadeclerk.com/officialrecords/pdf sviewer/web/viewer.html 12/18/2020 PDF.j s viewer F!:1742 r 61 SIGNATURE PAGE FOR EMENDED LOW4NCOMF,IOUS!NG 8GRFF.MI3NT IN WITNESS WHEREOF, the Agency and ine Owner hnvc executed thin Agreement as attic date first written above. WITNESSES: CENTRAL. CITY AFAR7?IRNTS. LTD. ,a FLORIDA limited partnership. By: DIOS AFFORDABLE ROUSING PARTNER IV INC. , one of? general partners of By: CENTRAL CITY APPRTNEWPS CORPORATION , one of 2 _ gcncral partners of a a3 ri Title STATE OF FLORIDA COUNTY OF DADE The foregoing instrument was executed and acknowiedgeOeforc me this 6th day of November , 19 96 by Runnel' A. Sibler,Jr. Individually os one of 2 general partners of Central City Aparteente, Ltd. ,a Flori Oa limited partnership. on behalf of said partnership. Ile is personally known to me or produced as identification and dididi�not take an oath or affirmation. s Arwra s. 1 r QC s141111 g - 1*4 1r* nrrPia MINN ' No P nt Nome: My Commission Expires: 19 This submittal needs. benched.. fora public nearing accordance...noiresapplicable sal for. In ine City of Mlae Code. The appnatle decso h€arinng bodywill review vie Inbnnaton at the W. hearing to ran., a recommend.. or a final decision. PZ-20-7751 https://ontineservices.miami-dadeclerk.com/officialrecords/pdfj sviewer/web/viewer.html 12/18/2020 PDF js viewer REI:1743 rO14 STATE OF Florida COUNTY OF Dada The foregoing inst unfelt ice futtd and acknowledged before me this /!/I day of .etlik. asorece. 19 94 by individually as one of 2 general partners of CENTRAL CITY APARTMENTS D7B, , a Florida . limited partnership, on behalf of said partnership. He is personally known to mg or produced as identification and did/did not take an oath or affsrmation. 6". ••••.' 6";:—.6.ig15" Notary Public Printed Name: My Commission Expires: t1e11.01 A Arl' lmmrt• EAP WIr.9C C a, knot. ON No CQ77imt ti nromg *an leor•o This submittal needs to be ocher.. for a publre hearing .Gordan veto tmalmes set forth In the City of Miami Cote. The applluble decso ng body r a reNewme Infonnaton at the puNc h€arin hearing to render a recommend. on or a final tlecitlon. https:l/onlineservices. mi ami-dadeclerk. com/officialrecords/pdfj sviewer/web/viewer.html 12/ 18/2020 PDF.js viewer art.lwj rt.3615 EXHIBIT "A" J EOAI DESCRIPTION Lots 1,2,3,4,5,6,7,8,9, and 10. Biocac 1, Spring Carden,according to the plat thereof, recorded in plat Hook 5, Page 3R, of the Public Records of Dade County, Florida. 2982-001-10439.01 (lcr.7-1 91) 21 aR4UarIHaNgayµ+. ac+A4ra,>A Or b+DE COu.rr, ,leMKu A,CCM *'forrfr• HARVEY RUVIN CtERN GRCalr COy„ 1 This submittal needs. beached.. for a pub. accordance .. timelines sel for. In ins City of Mlae Code. The applicable decso h€arinng bodywill review tM1e inbnnaton at the punk hearing. ran., a recommend.. or a final decagon. https://onlineservices. miami-dadeclerk. com/officialrecords/pdfj sviewer/web/viewer.htrnl 12/18/2020 PDF j s viewer :1029311962 • :'is .t J':". r:rb JLa(1t rtKSI AMI:NOMLNTTO F.XTENI)E1) LOW-INCOME HOUSING AfiREI:MIiNT 11I011LAND PARK APARTME NTSNMI_ ud I This AMTNOMINT is made and entered into this oiq'. day of ,St. arr�tl� 194E_' between FLORIDA HOUSING FINANCE CORPORATION. a public co oration. the successor in interest to the Florida Housing Finance Agency, (tin: "Corporation''). and CE:N'TRAI. CITY APARTMENTS. urn , n Florida limited partnership (the "Owner") W ITNLSS1 I I 1 t r FIEREAS,,.eNovcmbe?o, Tt19b ;that certain Extended t.tn._Incnmc 1 tcausna}I, - Agrcermm (the "Agreement") was executed between the L txporatirm and Owner. an WHEREAS, the Agree.in ni was recorded in 011icial Records I3txlk 17.115, page 3ta5 or the public records of Dade County. Florida. and WHEREAS, the Corporation has requested aml Owner has agreed to amend the Agreement as more particularly set font) herembelow, NOW, THEREFORE. for a good and valuable consideration, the receipt and sulliciency of which is hereby acknowledged, Corporation and Owner agree as follows 1. The foregoing recitations are true and correct and arc hereby incorporated by reference The Agreement is hereby modified to amend Section 2 (Of2) to read as hallows T nr tnatnunent prepared In Sloan ). I. npb FIARIfA 11OIJSFM.. 'FINANCE CS 11114 RKA. F'It IN 2fl North W allow% sa it.:tnne Scant Tnllehm .Florid. l)Na1-137v 11111111111111111111010111111 This submittal needs fo benched.. fora public nearing accordance timelines set forth In the City of Mar. Code. The applicable tlm n-along bodywill maewapthe inbnnaton at the public hearing to ran., a recommend.. or a final deeltlon. https://onlineservices.miami-dadeclerk.com/officialrecords/pdfj sviewer/web/viewer.html 12/18/2020 PDF.js viewer arl . 1 629 31 It 1 9U3 ATt. l t21, Residential Rental Units which are similar in quality and two; e.r construction and which will include the rolkiwrng amenities water hcatct blankets. tit conditioning. energy features. niicrowaiY oven. security retinues. vertical. blinds, and fur elderlv/hartdicappe dldisabled tenants. bathrooms in set -aside units meet Ninthc.imed accessibility standards. no internal stairways in set-naidt: tints, and all set•asidc MIN on first floor or accessible by elewttor. and Except as herein modified. the Agreement shall remain in full force and effect and fully enforceable in accordance with its terms IN WITNESS WHEREOF. the Corptraiwin and Owner have executed this Amendment as of the date first ah<we written WITNESSES.. TLORIDA MUSING. t-1NANCii COI.PORATION, Is Pathfac etepor.Gon. the cncccssurin interest to the Florida Flousing Finance Agency ' I{v r ur<C [U.t.-�i r_� + SusanJ Leigh`}t7, raja, "T;Cecuiive1Sitie I n •Fit paihE - f.jo..rrtS and Secretary STATE OP FLORIDA COUNTY OF LEON .xenrtaV till - J `- ... The foregoing instrument was executed and aehnuwlcdgcd before me this �3 day or .. 6. e . 19 9$ by Susan 3 Leigh as Executive Director. Chief E'ieculiva Officer and Secretary of FLORIDA HOUSING FINA NiCE .CORPORATION. a public corporation. the successor in interest to the Florida Housing Finance Agency. on belialf of said Corporation She is personally known to me and did not take an oath or affirmation Notary Public Printed Name .ro My Commission Expires a /t b /a, NOTICE This submittal needs to be scared,. for a pubire hearing In accordance veto timelines set forth In the City of Miami Code. The applluble decision-malcng body revIewtneinfonnaton at the p h. tearing to rent,, era recommendation or a final decagon. PZ-20-7751 02/03/21 https: //onl ineservices. miami-dadeclerk. com/officialrecords/pdfj svi ewer/web/viewer. html 12/18/2020 PDF.j s viewer wiTNEssus Pieleit4.4 ji STATE OF Fe.49,4,14.- - COUNTY OF MiAmat - Kre.lE293t1984 This sularettal needs to oohed,. for a publre hearlog In accordance:Iota -.noires set forth the Cray of Miami Code. The appluble decalon-rnalmg body MI revlowne informerton at the pubLc hearingto render a recommend.. or a final decagon / • , a . ‘• • limited pannerslui, BY ‘Mil AlrOZIMIILE_NOV.4,414 .49411)e,e .21. c.. onnpf yrieral partners al By President v'• - The foregoing instrument WU CKCeilled and acknowledged before rne this __ tiny of —S-grber • I;X__ bY ,-eVir-1—,2d).-e—,4" r.2,- • the of MA) ___Bp.g.,/t ygt.. ..±tilit.:_Wdsig,, a .fftor0:20-,•___Iitilitod partnership, on chair or said partnership _ Pe 14 -r'7,,A, .24".12./Tli Pcf personally known to MC Or i13S ItrOatccd ....:1 • _ . _ . . __ _ ..... _ __. 48 • ....r.--- ident3ficallon aed drdittlualjakgpliarinaLum,. _,—.....- — Note Politic OCIREDI 0 UMW Printed Native .t)... 440 try CalillealOR 0 Ce MOM DIM lany ..0. FM MY Commission EX imam liftman, nolo LavEirnomw 51 I t / 2 aro https://onlineservices.miami-dadeclerk.com/offici al records/pdtj sviewer/web/vi ewer. html 12/18/2020 PDF.js viewer 1% 18293C I' 1;5 F U191T "A" j .QAL DESCR1T'UQ)ri Lola 1,2,3,4,IS,6,i3O,0, and 10, block !. Spring Carden,according to the Plat- thereof. recorded in. Plat Book 5, Page 38, of the Public Records of Dade County. Plorida. a aw 2982.00/-10439.01 (rev. 3-1-91) KCVaFg, Car ar CCRiaf -.IV c0400, narra r.caw, trIPMF6 KAPNEV ROAN ELM Plptpue envoi' 21 This submittal needs. benched.. for a pub. accordance applicable timelines sel for. In ine City of Mar. Code. The appn at the decso h€arin ng body will review vie Inbnnaton at the punt hearing to ran., a recommend.. or a final decagon. PZ-20-7751 https://onlineservices.miami-dadeclerk.com/ofizcialrecords/pdfj sviewer/web/viewer.html 12/18/2020 PDF.js viewer I IIIilI dill ttI1I I111111111 Lill! Bill illt hill CFN 200412415021.9 OR Si 220%4 Pss 400e - 40091 (WHO RECORDED 03/0S/2004 OR/23126 HARVEY RUVEN. CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA SECOND AMENDMENT TO EXTENDED LOW-INCOME HOUSING AGREEMENT Highland Park Apartments/94L-041 This AMENDMENT is made and entered into between FLORIDA HOUSING FINANCE CORPORATION, a public corporation, the successor in interest to the Florida Housing Finance Agency, (the "Corporation"), and CENTRAL CITY APARTMENTS, LTD., a Florida Limited partnership (the "Owner"). WITNESSETH: WHEREAS, on November 6, 1996, that certain Extended Low-htcmme Housing Agreement (the "Agreement") was executed between the Corporation and Owner; and WHEREAS, the Agreement was recorded in Official Records Book 17435, page 3595 of the public records of Dade County, Florida; and WHEREAS, the Corporation has requested and Owner has agreed to amend the Agreement as more particularly set forth herein below. NOW, THEREFORE, for a good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged„ Corporation and Owner agree as follows: I. The foregoing recitations are true and correct and are hereby incorporated by reference_ 2. The Agreement is hereby modified to amend Section 2 (f) to read as follows: TIIIS INSTRUMENT PREPARED RE. Jennifer Chester FLORIDA HOUSING FINANCE CORPORA LION 227 North Broncoe). Street, Suite 5000 Tallahassee. Florida 32301-1329 RECORD • RETURN TO; Wellington Mellen FLORIDA DOUSING FINANCE CORPORATION 227 North Rronough Street. Suite 5000 Tallahassee, Florida 32301-1329 Book22094/Page4006 Page 1 of 4 This submittal needs fo beached.. fora public nearing accordance timelines set forth In the City of Mla Code. Theapplicable decision-malang bodywill aewN nn me infoato,atat the public hearing. ran., a recommend... or a final decision. https:Nonlineservices. mi am i -dadeel erk. com/officialrecords/pdfj sviewer/web/viewer.html 12/18/2020 PDF.js viewer This submittal needs to benched.. fora public nearing accordance wan timalinee set forth In the City of Mar. Code. The applicable att decso h,arin rig body will maewthe Inbnnaton at the public hearing to renal a recommend... or a final decision. (f) That, during the Extended Use Period, the Owner shall provide the following tenant (programs: day care, counseling, educational courses, job training and tenant activities. Additionally, the Owner will offer financial incentives to qualified tenants wishing to move into home ownership as follows: the financial incentive must be applicable to the home selected by the tenant and may not be restricted to or enhanced by the purchase of homes in which the Owner, Developer, or other related party has an interest; the financial incentive must not be less than 5% of the rent for the tenant's unit during the tenant's entire occupancy; the benefit must be in the form of a gift or grant and may not be u loan of any nature; the benefits of the incentive must accrue from the beginning of occupancy; the vesting period can be no longer than 2 years of continuous residency; and no fee, deposit or any other such charge can be levied against the tenant as a condition of participation in this incentive; and 3. Except as herein modified, the Agreement shall remain in full force and effect and fully enforceable in accordance with its terms. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 2 Book22094/Page4007 Page 2 of 4 https-llonlineservices.miami-dadeclerk. coin/official records/pdfj svi ewer/web/viewer.html 12/1 8/2020 PDF.js viewer IN WITNESS WI IEREOF, the Corporation and Owner have executed this Amendment as of the date of execution by theCorporation. WITNESSES: STATE OF r r. A Q. COUNTY OF Ctt.ra+i6,1)aAP C+:wtAra.C: ./ps.rfirneAlk LTD a ��yy hunted partnership.lj� .,.►., By: �.rAN Asir rc� e PWLL51 Mitt, Ai one5of�,7. genet partners of C q Y' fl48A1 L*d By: President 'Q U,54, Title ee' j ?kp 1! {- . AjQJe►�Z The foregoing instrument was aeknowledged before me this Q day of y. t . by asRi CPg Ptt1# for ah110:iS0 ero-.l in'-eof CPevArsciA C:, 5, LTD, (dbe 14.o�yk16.ri+A.-+41-44 Apa-rin..wo %) cur,r �rwer — Notary Publitc 0 Printed Name: UO.Ncq A . Co5eiti My Commission Expires_ `j — g - $Zo e 5 Personally known x OR. Produced tdemi (legion Type of Identification Produced Nan w A. Ceres r DDOG ]25 b iri'Mt atbeils babe Ca- I.,- Book220941Page4008 Page 3 of 4 This submittal needs to be ocher.. for a publre hearing ccoraanco wan timelines set forth In the City of Miami C©be. The applluble decso ng body ra reNewme Infonnaton at the puNc h€arin hearing to render, a recommend. on or a final tlecitlon. PZ-20-7751 https://onlineservices. miarni-dadeclerk. com/offici airecords/pdfj sviewer/web/viewer.html 12/ 18/2020 PDF.j s viewer WITNESSES: to_, (ire..._ CC*" St'w9rna*,¢n was STATE OF FLORIDA COUNTY OF LEON OR SK 22094 PG 4009 LAST PAGE FLORIDA HOUSING FINANCE CORPORATION, n public corporation, the successor in interest to the Florida Housing Finance Agency By: Steve Auger Deputy Development Officer The foregoing instrument was executed and acknowledged before me this 1 a*t+ day of ce-l^,nAct ci` , 2004 by Steve Auger as Deputy Development Officer of FLORIDA HOUSING FINANCE CORPORATION, a public corporation, the successor in interest to the Florida Housing Finance Agency, on behalf of said Corporation. He is personally known to me. 3oon Wyman rtrcorl®nn. =moo t:aan know, 1 foal Notar ublie Printed Name: My Commission Expires: 4 Book22094/Page4009 Page 4 of 4 This submittal needs to be scheduled fora public hearing In accordance wee timelines set forth In the city of Mond Code. The appllude deoisen-mrNing body will 'New Me Infonnaton at the outdo hearing to render a recommentlati on or a final deciaon. PZ-20-7751 https://onlineservices. miami-dadeelerk. com/officialrecords/pdfjsvi ewer/web/viewer. html 12/18/2020 PDF.js viewer 1111111 II111 lII1111111111111IIII 1111111111111 CFN 2008R0621370 OR Bk 26501 Pat 1817 - 18201 (4aas7 RECORDED 07/30/2008 09t07r49 HARVEY RUV1Nr CLERK OF COURT MIAHI-DADE COUNTY, FLORIDA THIRD AMENDMENT TO EXTENDED LOW-INCOME HOUSING AGREEMENT HICrHI.AND PARK / 941,-041 This AMENDMENT is made and entered into between FLORIDA HOUSING FINANCE CORPORATION, a public corporation, the successor in interest to the Florida Housing Finance Agency. (the "Corporation"). and CENTRAL. CITY APARTMENTS. LTD., a Florida limited partnership (the "(honer"). WITNESSETH: WHEREAS, November 6, 1996, that certain Extended Low -Income Housing Agreement (the "Agreement") was executed between the Corporation and Owner: and WHEREAS. the Agreement was recorded in Official Records Book 17435. page 3595 of the public records of Miami -Dade County. Florida: and WHEREAS, the Corporation has requested and Owner has agreed to amend the Agreement as more particularly set forth herein below. NOW, Tl IEREFORE, for a good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Corporation and Owmer agree as follows: The foregoing recitations are true and correct and are hereby incorporated by reference. 1 THIS INSTRUMENT PREPARED 8Y: Jade Oliver FLORIDA HOUSING FINANCE CORPORATION 227 North Ftronough Street, Suite 5000 Tallahassee. Florida 32301-1329 RECORD & J.TURN TO: Amy cannon FLORIDA HOUSING FINANCE. CORPORATION 227 North Sronough Street, Suite 50t10 Tallahassee, Honda 32301-1329 Dook26501 /Page1817 CFN#20080621370 Page 1 of 4 This submittal needs to be scbecluled fora public hear log fa accordance p timelines set forth In the City of a Miami Code. The pplluble decso ng body r remewme infonnaton at the public h€arin nearing m renderr a a recnmmenaaton or a final deusion. PZ-20-7751 https://anlineservices.miami-dadeclerk.com/officialrecords/pdfjsviewer/web/viewer htmi 12/18/2020 PDF.j s viewer The Agreement is hereby modified to amend Section 2 Sri to read as follows: to That, during the Extended Ilse Period. the Owner shall provide the following tenant programs: day care and educational courses/tutorial initiative. Additionally. the owner will offer financial incentives to qualified tenants wishing to move into home ownership as follows: the financial incentive must be applicable to the home selected by the tenant and may not be restricted to or enhanced by the purchase of homes in which the Owner, Developer, or other related party has an interest; the financial incentive must not be less than 5% of the rent for the tenant's unit during the tenant's entire occupancy; the benefit must be in the form of a gift or grant and may not be a loan of any nature; the benefits oldie incentive must accrue from the beginning of occupancy; the vesting period can be no longer than 2 years of continuous residency; and no fee, deposit or any other such charge can be levied against the tenant as a condition of participation in this incentive; and 3. Except as herein modified, the Agreement shall remain in full force and effect and fully enforceable in accordance with its terms. 4. IN WITNESS WHEREOF, the Corporation and Owner have executed this Amendment as of the date first above written. (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) Book26501JPage1818 CFN#20080621370 Page 2 of 4 This submittal needs to benched.. fora public nearing accordance applicable timelines set forth In the city of Mlae Code. The aonatte decso h€arinng bodywill review the Infonnaton at the public hearing to ran., a recommend... or a final decision. PZ-20-7751 https ://onlineservices.miami-dadecl erk. com/officialrecords/pdfjsviewer/web/viewer. html 12/18/2020 PDF.j s viewer SIGNATURE PAGE FOR OWNER EXTENDED LOW-INCOME HOUSING AGREEMENT 0094L-041 IN WITNESS WHEREOF, the Corporation and the Owncr have executed this Agreement ai of the date of execution by the Corporation. STATE OF r-la4 IJA COUNTY OF 1 AM I -?>k The foregoing instrument was acknowledged before me this ! 1 day of 7ULy ,Oaaby JI4DGEFAIL as N51. /Get) for l4leraft /Wt. 4tuS,+VC,ht wAGEheAr7 (Q+tf No j6ry Public Printed Name: My Commission Expires: Personally known OR Produced Identification L- Type of Identification Produced R.4/. M raaa..e... iraiiiir..e...a i Conn / orweae.re EvYis 7/31/2011 F rslrOwn, Wit Book26501/Page1819 CFN#20080621370 Page 3 of 4 This submittal needs to benched.. fora public nearing accordance wan timelines set forth in the City of mi.r Code. The apple tlecision-mains bodywill male...Oahe nn e Infoatonatat the public hearing to ran., a recommend.. or a final decision. PZ-20-7751 https:l/onl ineservices. mi ami-dadecl erk. com/official records/pdfj sviewer/web/viewer. html 12/18/2020 PDF.js viewer OR BK 26501 PG 1820 LAST PAGE SIGNATURE PAGE FOR FLORIDA HOUSING FINANCE CORPORATION EXTENDED LOW-INCOME HOUSING AGREEMENT 894L-041 IN WITNESS WHEREOF, the Corporation and the Owner have executed this Agreement as of the date of execution by the Corporation. WITNESSES: STATE. OF FLORIDA COUNTY OF LEON FLORIDA HOUSING FINANCE CORPORATION, a public corporation By: et Blinderman Deputy i)evelopment Officer (SEAL) The foregoing instrument was acknowledged before me this a5 ` day of 2008 by Deborah Dozier Blindennan as Deputy Development Officer of the FL RI HOUSING FINANCE CORPORATION, a public corporation. the successor in interest to the Florida Housing Finance Agency, on behalf of said Corporation. She is personally known to me. No bD ile. State of Florida 4 Book26501/Page1820 CFN#20080621370 Page 4 of 4 This submittal needs. benched.. fora public nearing accordance applicable .noires set for. In ine city of Mar. Code. The onatt decso h€arin ng body will maew Ne Inbnnaton at the W. hearing to ran., a recommend.. or a final decision. https://onli neservices. mi ami-dadecl erk. com/offi ci alrecords/pdfj sviewer/web/viewer. html 12/18/2020 ACKNOWLEDGEMENT BY APPLICANT 1. The Department of Resilience and Public Works, Transportation, Coordinated Review Co and County agencies review zoning public hearing requests and provide input, which may and outcome of my hearing. These reviews may require additional hearings before other Ci boards, which may result in the modification of plans, studies and/or the proffering of agreern recorded. The submission and acceptance of a request for public hearing means that the apipli be scheduled for public hearing. I am also aware that I must comply promptly with any City or Co and notify the Hearing Boards (Hearing Boards) in writing if my public hearing application will be with 2. Filing fees may not be the total cost of a hearing. Some requests require notices to be mailed to property owners up to a mile from the subject property and I am responsible for paying the additional radius mailing costs. In addition to mailing costs, I am responsible for additional fees related to application changes, plan revisions, deferrals, re -advertising, etc. that may be incurred. I understand that fees must be paid promptly. The only fees that will be refunded after the submission and acceptance of an application for public hearing has occurred will be the surcharge fees related to appeals, as expressly listed in Chapter 62 of the City Code (code). 3. Requests for public hearing will be scheduled by the Hearing Boards in accordance with the scheduling timeline set forth in the Code and the Zoning Ordinance of the City of Miami (Miami 21), as applicable. I must submit any requests to reschedule, continue or defer my hearing date to the attention of the decision -making body for its consideration and vote at the public hearing on which my application is scheduled to be heard. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 4. Applicable Florida Building Code requirements, or other applicable requirements, may affect my ability to obtain a building permit even if my zoning application is approved; and a building permit will probably be required. I am responsible for obtaining any required permits and inspections for all structures and additions proposed, or built, without permits. In addition, a Certificate of Use (C.U.) must be obtained for the use of the property after it has been approved at a zoning public hearing. Failure to obtain the required permits and/or C.U., Certificates of Completion (C.C.), or Certificate of Occupancy (C.O.) will result in an enforcement action against any occupant and owner. Submittal of the zoning public hearing request may not forestall enforcement action against the property. 5. If my request is denied, deferred, or otherwise not approved, I understand that I will not be reimbursed for any fees paid. 6. Any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 7. Any covenant to be voluntarily proffered must be submitted in word format to the Planning Department and to the Office of the City Attorney through ePlan for review and comments from the Planning Department, Office of the City Attorney, and any other City departments as deemed necessary. The covenant will be reviewed in ePlan and the applicant will be notified of any necessary changes, corrections or comments through ePlan. Once the covenant receives a recommendation of approval from the Planning department and as to legal form, Hearing Boards staff will extract the approved covenant directly from ePlan to include as part of the agenda. The applicant is responsible to submit to the Hearing Boards the signed covenant with a current Opinion of Title no later than two (2) weeks prior to the initial public hearing. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 8. Any and all documents submitted must be accompanied by a cover letter indicating the subject matter, application number and hearing date. 4� MARIA A. GRALIA Applicant(s) Signature and Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 7 7 day of JuIV 2020 , by Maria A. Gralia, Esq. Applicant(s) Name Printed who is a(n) individual/partner/agent/corporation of HIGHLAND PARK 1020, LLC a(n) individual/partnership/corporation. He/She is ❑ personally known to me or 0 who has produced as identification and who 0 did ❑did not take an oath. OMNI LINDACIHRISTIAN MY COMMISSION # GG 279264 ,•^�' : EXPIRES: March 24, 2023 IT; e" Banded Thru Notary Public Undeiwrken Signature This submrtalneeds to be scheduled fora public hearing in accordance vith timelines set forth In the ❑ty of Miami Cede. The applicable decision-rna ling body will renew the infannaban at the pudic hearing to render a recommeneaaonor a fna l decision. PZ-20-7751 Rev. 04-16-2019 Note: Annual Registration Expires on 12/31/2020 CITY OF MIAMI LOBBYIST REGISTRATION FORM Instructions: Please complete all sections of this form and submit the completed for fee(s), to the Office of the City Clerk. If you need more space to complete a section, u of paper. If you have nothing to report in a particular section, you must type or print " that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEPT This submittal need, to beuchebulfora public bearing in accordance vet timelines sett f forth in the Clip of Miami Code. The applicable declu on -mating body swill review the information at the public bearing to rendesa recommendati on or a final decision. PZ-20-7751 02/03/21 Important: It is the responsibility of the lobbyist to ensure that ALL active lobbyist registration forms, including active lobbyist registration forms submitted in previous years, remain up-to-date. (1) Lobbyist Name: Maria Gralia (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YES [1 NO (you must check YES or NO) Business Phone: 305-789-3525 Email: mgralia@stearnsweaver.com Business Address (include Zip Code): 150 West Flagler Street, #2200 Miami, Florida 33130 (2) Principal Represented: Highland Park 1020 (Name of corporation, partnership, trust, etc., you are representing) Business Address (include Zip Code): C/O Jean-Pierre Brunois 1717 N. Bayshore Drive, #3847, Miami, FL 33132 (3) IF YOU PROVIDED INFORMATION IN SECTION 2 ABOVE, PLEASE REVIEW THIS SECTION CAREFULLY. If a lobbyist represents a corporation, partnership or trust, the lobbyist must disclose the name and business address of the chief officer, partner or beneficiary of the corporation, partnership or trust, and the names and addresses of all persons holding, directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust. Attach separate sheet if needed. If this section is not applicable you must type or print "None" or "N/A". N/A (4) Specific issue associated with lobbying. Describe with as much detail as is practical. Attach a separate sheet if needed. If you are using this form for your Annual Registration, please write "Annual Registration" and the year that you are registering for (ex: Annual Registration 2020). Rezoning and Replating of Property -Vacat Right -Of -Way age 1 of 2 Of ice of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: clerks@miamigov.com CM-LRF (Rev. 01/2020) (5) Lobbyists shall be required to state the existence of any direct or indirect business as financial relationship with the Mayor, any member of the City Commission, any me City Manager or a member of the City staff before whom he/she lobbies or intends t sheet if needed. If this section is not applicable you must type or print "None" or "N/ N/A 4 nvm. NOTICE Th. submittal needs to be scheduled fora public hearing ccord ante vilh dmellnes set forth in the Oty of Miami Cede. The applicable de:.ision-rna king body renew the information al the public hearing to render a recommendation or a fnal decidon. PZ-20-7751 02/03/21 44. N. lEW C0't"a Lobbyists, as defined in City Code Section 2-653, shall pay an annual registration fee of $525.00, plus $105.00 for each principal represented for each issue lobbied on behalf of any one principal. Each issue associated with lobbying shall be described with as much detail as is practical. The City Clerk, or the City Clerk's designee, shall reject any registration statement that does not provide a clear description of the specific issue on which such lobbyist has been retained to lobby or if any section of this form is left blank. Regardless of the date of the annual registration, all lobbyists' annual registrations shall expire December 31 of each calendar year and shall be renewed on a calendar year basis. Each lobbyist shall, within sixty (60) days after registering as a lobbyist, submit to the Office of the City Clerk a certificate of completion of an ethics course offered by the Miami -Dade County Commission on Ethics & Public Trust ("Ethics Commission"). Lobbyists who have completed the initial ethics course mandated by the preceding sentence and have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. Each lobbyist who has completed a refresher ethics course shall submit a certificate of completion within sixty (60) days after registering as a lobbyist. I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am familiar with the provisions contained in Chapter 2, Article VI, Sections 2-651 through 2-658 of the Miami City Code, as amended. STATE OF Florida Miami -Dade County COUNTY OF Signature of Lobbyist Sworn to (or affirmed) and subscribed before me by means of physical presence or online notarization, this aoa0 (Year) Signature of oo ary Public Personally Known: /54 h day by Maria Gralia (Name of person making statement) OR Produced Identification: Type of Identification Produced: Name of Notary Typed, Printed or Stamped i (NOTARY SEAL) ,• MY COMMISSION SION#GG147959 b" EXPIRES: October 3, 2021 n2Y, f is : Banded Thtu Notary Public Unde i1tef$ FOR OFFICE USE ONLY: Check # Receipt # M-LRF (Rev. 01/2020) Page 2 of 2 Certificate of Completion This is to certify that Maria A. Gralia has satisfactorily fulled the requirements for lobbyist refresher training under Section 2-11.1 (s), Miami -Dade County Code, by participating in "Ethics Refresher Course for Lobbyists" conducted by the Miami -Dade Commission on Ethics and PublirTrust on May 18, 2018 Thls aubmidal needs to be scheduled fora public hearing In accordance with bnellnes set forth in the City of Miami Code. The applica de dsision-na king body will review the lnfornaton at the pudic hcanng to render a reconnendaton or a fall decision. PZ-20-7751 Icise M. Centorino, Executive Director L.--"Miami:Dalle Commission on Ethics & Public Tmst 7/15/2020 FedEx Ship Manager - Print Your Label(s) PURL! csa l i c v r C N 88Z9 86£9 6011 1HDIN2I3A0 AlINOI Id VO£0'.1nr91-f1H1 rn J201120042401. 0 •Rl Ov NOTICE This subminal needs to is scdedu lea bra pubic nearing in accordance wibi timelines set forth in the City of Reed Code. The apptiwde decision -reeking body wall reviser. information at the public bearing to render a recommendation or a finalI decision. 56BJ31C6A6113766 After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. PZ-20-7751 02/03/21 RE'IEw c°, Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. https://www.fedex.com/shipping/reprintLabel.do?method=doRePrint 1/1 PhJBt. lc ACKNOWLEDGEMENT BY APPLICANT Ci g° a 1. The Department of Resilience and Public Works, Transportation, Coordinated Review Co and County agencies review zoning public hearing requests and provide input, which may and outcome of my hearing. These reviews may require additional hearings before other Ci boards, which may result in the modification of plans, studies and/or the proffering of agree d`)• recorded. The submission and acceptance of a request for public hearing means that the app be scheduled for public hearing. I am also aware that I must comply promptly with any City or Co and notify the Hearing Boards (Hearing Boards) in writing if my public hearing application will be with 2. Filing fees may not be the total cost of a hearing. Some requests require notices to be mailed to property owners up to a mile from the subject property and I am responsible for paying the additional radius mailing costs. In addition to mailing costs, I am responsible for additional fees related to application changes, plan revisions, deferrals, re -advertising, etc. that may be incurred. I understand that fees must be paid promptly. The only fees that will be refunded after the submission and acceptance of an application for public hearing has occurred will be the surcharge fees related to appeals, as expressly listed in Chapter 62 of the City Code (Code). 3. Requests for public hearing will be scheduled by the Hearing Boards in accordance with the scheduling timeline set forth in the Code and the Zoning Ordinance of the City of Miami (Miami 21), as applicable. I must submit any requests to reschedule, continue or defer my hearing date to the attention of the decision -making body for its consideration and vote at the public hearing on which my application is scheduled to be heard. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code 4. Applicable Florida Building Code requirements, or other applicable requirements, may affect my ability to obtain a building permit even if my zoning application is approved; and a building permit will probably be required. I am responsible for obtaining any required permits and inspections for all structures and additions proposed, or built, without permits. In addition, a Certificate of Use (C.U.) must be obtained for the use of the property after it has been approved at a zoning public hearing. Failure to obtain the required permits and/or C.U., Certificates of Completion (C.C.), or Certificate of Occupancy (C.O.) will result in an enforcement action against any occupant and owner. Submittal of the zoning public hearing request may not forestall enforcement action against the property. 5. If my request is denied, deferred, or otherwise not approved, I understand that I will not be reimbursed for any fees paid. 6. Any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 7. Any covenant to be voluntarily proffered must be submitted in word format to the Planning Department and to the Office of the City Attorney through ePlan for review and comments from the Planning Department, Office of the City Attorney, and any other City departments as deemed necessary. The covenant will be reviewed in ePlan and the applicant will be notified of any necessary changes, corrections or comments through ePlan. Once the covenant receives a recommendation of approval from the Planning department and as to legal form, Hearing Boards staff will extract the approved covenant directly from ePlan to include as part of the agenda. The applicant is responsible to submit to the Hearing Boards the signed covenant with a current Opinion of Title no later than two (2) weeks prior to the initial public hearing. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 8. Any and all documents submitted must be accompanied by a cover letter indicating the subject matter, application number and hearing date. C NOTICE MARIA A. GRALIA Applicant(s) Signature and Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this (7 day of July 2020 , by Maria A. Gralia, Esq. Applicant(s) Name Printed who is a(n) individual/partner/agent/corporation of HIGHLAND PARK 1020, LLC a(n) individual/partnership/corporation. He/She is 0 personally known to me or 0 who has produced as identification and who ❑ did ❑did not take an oath. LINDA CHRISIUN •h MY COMMISSION # GG 279264 EXPIRES: March 24, 2023 ,Rel; its Bonded Thru Notary Public Underwriters AA This submrtalneeds to be scheduled fora public hearing in accordance vith timelines set forth In the ❑ty of Miami Code. The applicable decision-rna ling body will renew the infannaban at the pudic hearing to render a recommeneaaonor a fna l decision. PZ-20-7751 • RF 02/03/21 IE �p4 co 4, 0 Rev. 04-16-2019 PU8L, y V 0 a crrrY OFMIAMI DISCLOSURE OF CONSIDE PROVIDED OR COMMITTED FOR AGREEM SUPPORT OR WITHHOLD OBJECTION "�.�� w yrrwCOO' The City of Miami requires any person or entity requesting approval relief or othe action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. n 9R NOTICE This submittal needs N be scheduled fora public hearing In accordance wen tmelines sel forth in the City of Miami Code. The applicable decision -making body will renewtne information at the public nearing to render a recommend.on or a final aeciaon. PZ-20-7751 02/03/21 Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2- 653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. Name: First Name: Mane Middle Name: A. Last Name: Gralia Home Address: Home Address Line 1: 7701 SW 176 Street Home Address Line 2: City: Palmetto Bay State: Florida Zip: 33157 Contact Information: Home Phone Number: 305-789-3525 (work) Cell Phone Number: 305-607-7741 Fax Number: Email: mgraliagstearnsweaver.com BUSSINESS or APPLICANT or ENTITY NAME Address Line 1: Highland Park 1020, LLC c/o Maria A. Gralia, Esq. Address Line 2: Steams Weaver Miller. et al 150 West Flagler Street, Miami, FL 33130 Doc. Iti o.:86543 Page 1 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDE PROVIDED OR COMMITTED FOR AGREEM SUPPORT OR WITHHOLD OBJECTION This submittal needs N be scheduled fora public hearing In accordance withtimelinset fort in the city of Miami d Cede. The applicable decision -making belly will renew the infotmaeon at the public nearing to !endue recommendalron or a final decision. PZ-20-7751 j Please describe the issue for which you are seeking approval, relief or other action fro the City Commission, board, authority, agency, council, or committee. REZONING OF TRANSEGT ZONE FROM T-5 TO T6-59 Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to .support or withhold objection to the requested approval, relief or action? NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 1. Please provide the name, address and phone nurnber of the person(s) or entities to whom consideration has been provided or committed. • Name of Person/Entity: N/A ▪ Phone Number of Person/Entity: • Address of Person/Entity: 2. Please describe the nature of the consideration N/A 3. Describe what is being requested in exchange for the consideration. NIA Doc. No.:86543 Page 2 of 3 PVat/C CITY OFMIAMI DISCLOSURE OF CONSIDE PROVIDED OR COMMITTED FOR AGREEM SUPPORT OR WITHHOLD OBJECTION ACKNOWLEDGEMENT OF COMPLIANCE MIP Mi This submittal needs to be scnedu led fora public hearing accordanceIn with Omelind set forth in the city of Mlamtheint a appllca th deco hearinnq rend rll renewN recommendation boner a boa Idea cion renders re�nmmenaadnn or a anal deei�on. PZ-20-7751 �02/03/21 Ao. REV! EW 0‘4‘� I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance: and that in addition to the criminal or civil penalties that may be unposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: t. the application or order, as applicable, shall be deemed void without further force or effect- and no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Print Name WAWA GRAL=A Signatu Sworn to and subscribed before me this / `r day of , ` , 2O The foregoing instrument was acknowledged before me by , ' t Q L/ijl who has produced did/did not take an oath. 5TATE OF FLORIDA CITY OF MIAMIMY COMMISSION EXPIRES: as identification and/or is personally known to me and who '4ler CHRISTIAN e3 MY COMMISSION # GO 279264 EXPIRES: March 24, 2023 BofldEQ Thru Notary PUb&t Underwriters Doc. No.:86543 Page 3 of 3 2 PUB IC DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Ci 0 NOTICE This submrtalneeds to be scheduled fora public hearing in accordance vith timelines set forth In the ❑ty of Miami Code. The applicable d,eision-rna ling body will renew the infannaban at the pudic hearing to render a recommeneaaonor a foal decision. PZ-20-7751 Note: The Miami City Code requires all parties making any presentation, formal requ petition to the City Commission or any City board with respect to any real property to m disclosure, in writing, of all parties having a financial interest, either direct or indirect, in the subject matter of said presentation, formal request or petition. Such disclosure shall include, but not be limited to, disclosure of all natural persons having an ownership interest, direct or indirect, in the subject real property. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(s) HIIHLAND PARK 1020, LLC Percentage of Ownership 100% Subject Property Address(es) - P HAMI, FII ORIDA 33136 02/03/21 vw VIEW car- List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): MARIA A. GRALIA, ESQ. Owner(s) or Attorney Name Owner(s Attorney Signature s o STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this /7 day of JULY 20 20 , by MARIA A. GRALIA, ESQ. who is a(n) individual/partner/agent/corporation of HIGHLAND PARK 1020, LLC a(n) individual/partnership/corporation. He/She is X personally known to me or ❑ who has produced as identification and who ❑ did ❑ did not take an oath. Signature 4ytYt �L UNDACHRISTIAN 4 i' 1,= MYCOMMISSION # GG 279204 .17.%a ES: March 24, 2023 +: • • RAYe underwriters Rev. 10-18 State of Florida Department of State NOTICE This submittal nee. b be schedudd Mr a public hearing in accordance with timelines set forth In the City of Miami Code. The appticabe tlsision-maXing hotly xnll reeewibe inbrmation at Me pubno hearing to render a recommendation or a final decision. I certify from the records of this office that HIGHLAND PARK 1020, LLC is a limited liability company organized under the laws of the State of Florida, filed on April 24, 2015, effective April 24, 2015. The document number of this limited liability company is L15000072766. I further certify that said limited liability company has paid all fees due this office through December 31, 2020, that its most recent annual report was filed on April 6, 2020, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Seventeenth day of July, 2020 *4"44ev- . ecretary of State Tracking Number: 0301958854CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. jittps://services.sunbiz.org/Filings/Certificateofstatus/CertificateAuthenticatioii Professional Surveyors an Code, pursuant to Chapte DELTA MAPPING AND SUI 13301 SW 132 AVENUE SL MIAMI, FLORIDA 33186 CERTIFICATE OF AUTHOR!, L.B. NO. 7950 STATE OF FLORIDA 786-429-1024 FAX: 786-592-1152 SURVEYOR'S NOTES: 1)FLOOD ZONE: AE AND ) COMMUNITY NO. 120651 2)THERE MAY BE ADDITIC FOUND IN THE PUBLIC REI 3)EXAMINATION OF ABST INSTRUMENTS, IF ANY, Al 4) THIS CERTIFICATION ZONING, EASEMENTS, OR 5)LOCATION AND IDENTIF PLAT 6)OWNERSHIP IS SUBJECT 7)TYPE OF SURVEY: BOLO 8)THE HEREIN CAPTIONEC DESCRIPTION: PROVIDED 9)SURVEY MAP AND REPO UNLESS SIGNED AND SEAL AND MAPPER 10)THIS PLAN OF SURVEY, HEREON. THE CERTIFICAT 11)THE SURVEYOR OF REC HEREON DEPICT PHYSICAL 12)ACCURACY: THE EXPEC (5J-17 FAC), IS "SUBURBAI BOUNDARY SURVEY IS 1 F CALCULATION OF A CLOSE 1 IIA► cnnnr ,n►crn n►,rc i L-L7.VV, Ii-LV VV A=71 `36155" mi N Nc) VACATED PER NEW o3 N.W. 11TH STREET x cb.NORTH LINE, BLOCK 1 .4 "W 1w 1.71' 65 N64 x 87o 52, 53"W x 226.84' PER P.B. 5, PG. 38 �, �,. - - 59 - RIGHT -OF -WA' TO BE T DEDICATED 72 n N25 ` 39' 57"W (RADIAL) • 234.34'(M 3I • x� TBM +8I.22' 51) 9Io # 4)ti qv 11' MIa AC TWO STORY APARTMENT BUILDING II 701 NW 11 ST FINISH FLOOR ELEV.=+11.26' ARK G SP CES APPROXIMATE LOCATION A OF FLOOD ZONE LINE x GAS LINE — SIGN SET 6" SPIKE CAP #3284 61 60 CC N22` 8' 42"E 3.59' 35.73' 8 PARK NCi S'ACES 3 63 cb<i ASPHALT x`b• 6PARKI GSPICES CA I ..Ie.IP-AI I 58 3 PA KING S'ACES a6 .9A 22.57' �a32 20'- 25'- .5'- 0' 35'— ZONE PER A EAST PER P MI PEI SE( FIL giving our student a Superintendent of Schools Alberto M. Carvalho December 3, 2020 VIA ELECTRONIC MAIL Ms. Maria Gralia Highland Park 1020, LLC 1020 NW 7 Avenue Miami, FL 33126 mgralia@sternsweaver.com RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS HIGHLAND PARK 1020, LLC- PZ-20-7751 LOCATED AT 1020 NW 7 AVENUE PH0120111100526 - FOLIO NOS.: 0131350270010 Miami -Dade Perla Dr. Ste Dr. Doroth Or La Cns0 NOTICE This submittal needs to be scheduled bra public hearing In accordance van b relines set forth in the City of Miami Code. The epplica de decision -making body win re.ewtheintorn1 on al the public hearing to render recommendation or ulna' decid on. Dr. Lu Dr. Marta Perez Mari Tere Rojas Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami - Dade County, the above -referenced application was reviewed for compliance with Public School Concurrency. Accordingly, enclosed please find the School District's Preliminary Concurrency Analysis (Schools Planning Level Review). As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed development would yield a maximum residential density of 101 multifamily units, which generates 18 students; 9 elementary, 4 middle and 5 senior high students. At this time, all levels have sufficient capacity available to serve the application. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent, notwithstanding any additional information that may surface after further departmental research. As such, this analysis does not constitute a Public School Concurrency approval. Should you have any questions, please feel free to contact me at 305-995-4501. Ivan M. Rodriguez, R.A Di rector Enclosure L-098 cc: Mr. Victor Alonso, R.A. Ms. Nathaly Simon City of Miami School Concurrency Master File Planning, Design & Sustainability Mr. Victor Alonso, Eco-Sustainability Officer • 1450 N.E. 2nd Ave • Suite 525 • Miami, FL 33132 305-995-7285 • 305-995-4760 (FAX) • valonso2@dadeschools.net Concurrency Management System Miami -Dade County Public Schools (---- ;_„ NOTICE This submittal need, to be scheduled for a public bearing in accordance wit timelines set form in the Clip of Miami Code. The applicable daemon -making body swill reeewthe information at the public hearing to render recommendation or a final decision. PZ-20-7751 Z-201/21 �y Miami -Dade County Public Schools 9�� Q`t ' VIEW COIF Concurrency Management System Preliminary Concurrency Analysis MDCPS Application Number: PH0120111100526 Local Government (LG): Miami Date Application Received: 11/11/2020 12:32:37 PM LG Application Number: PZ-20-7751 Type of Application: Public Hearing Sub Type: Zoning Applicant's Name: Highland Park 1020, LLC Address/Location: 1020 NW 7 Avenue Miami, Florida 33126 Master Folio Number: 0131350270010 Additional Folio Number(s): PROPOSED # OF UNITS 101 SINGLE-FAMILY DETACHED UNITS: SINGLE-FAMILY ATTACHED 0 UNITS: MULTIFAMILY UNITS: 101 CONCURRENCY SERVICE AREA SCHOOLS Net Available Capacity Seats Seats Required.. Take LOS Met Sour 1441 PAUL LAURENCE DUNBAR K-8 CENTER (ELEM COMP) -23 9 0 NO Current CSA 1441 PAUL LAURENCE DUNBAR K-8 CENTER (ELEM COMP) 0 9 0 NO Current CSA Five Year Plan 1442 PAUL LAURENCE DUNBAR K-8 CENTER (MID COMP) 52 4 4 YES Current CSA 7791 BOOKER T WASHINGTON SENIOR ADJACENT 26 SERVICE 5 5 AREA SCHOOLS YES Current CSA 801 CITRUS GROVE ELEMENTARY 56 9 9 YES Adjacent CSA *An Im.act reduction of 28.23% included for charter and masnet schools Schools of Choice . MDCPS has conducted a preliminary public school concurrency review of this application; please see results above. A final determination of public school concurrency and capacity reservation will be made at the time of approval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC SCHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7285 / concurrency@dadeschools.net PDF js viewer Page 1 of 21 III:174354595 96R' 13443 1 1996 PCV 21 16:13 EXTENDED LOW-INCOME HOUSING AGREEMENT THIS EXTENDED l"OW4NCOME ;MUSING AGREEMENT (this "Agreement") is made and entered into this Gv day of,, itiNli A .1996, between the FLORIDA HOUSING FINANCE AGENCY (the "Agency"), a state agency and instrumentality and a public body corporate and politic duly existing under the laws gibe State of Florida, and CENTRAL CITY APARTMENTS. LTD., a Florida limited partnership (the "Owner"). pRFAMnLF WHEREAS. the Agency has been created and organized pursuant to and in accordance with the provisions of the Florida Housing Finance Agency Act. Sections 420.501-420.516, Florida Statutes. as amended (the "Act"), and pursuant to Section 420.5099 of said Act. the Agency is the housing credit agency for the State of Florida (the "State") specifically authorized by statute to allocate low-income housing credit dollar amounts ("Tax Credits") under Section 42 of the Internal Revenue Code of 19E6, es amended (the `Code"). and WHEREAS. the Agency has agreed, under certain conditions. to allocate Tax Credits to the Owner in connection with the construction of a multi -feebly residential rental housing project (the "Project"), known as Highland Park Apartments, located within Dade County. Florida (the "County"), the legal description for which is set forth in Exhibit "A" beret*. to be occupied partially (al least forty percent (40%) by individuals whose income is sixty percent (60%) or less of area median gross income within the meaning of Section 42(g) of the Codel. and WHEREAS. The Owner has made a knowing, voluntary and intelligent election to waive for thirty -live (35) additional years following the last day of the Compliance Period any prerogative it would have to collect rents on the Low-lnrome Units at rates determined by thc rental market except as provided herein in accordance with thc requirements pursuant to the Cods in return for 1994 Tax Credits and as attested and swom to in the Carryover Allocation Certificate dated December 19, 1994. and THIS INSTRUMENT PREPARED BF Susan 3, Leigh FLORIDA HOUSING FINANCE AGENCY 22, North Eironough Street. Suite 5000 Tallahassee. Florida 32301-1329 https://onlineservices.miami-dadeclerk. com/officialrecords/pdfj sviewer/web/viewer.html 12/18/2020 PDF.js viewer Page 2 of 21 Rts WHEREAS, Section 42 of the Code provides that no Tax Credits shall be allowed with respect to any building unless an extended low-income housing commitment is in effect for such building at the end of such taxable year; and WHEREAS, in order to assure Owner compliance with the provisions of, and to evidence the Owner's extended low-incornc housing commitment as required by, Section 42 of the Code, the Agency and the Owner have determined to enter into this Agreement in which they set forth certain terms and conditions relating to the Owners operation of the Project; NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Agency and the Owner do hereby contract and agree as follows: AGREFMENT Section 1. Definitions and interpretation. (a) Unless otherwise expressly provided herein or unless the context clearly requires otherwise, the following terms shall have the respective meanings set forth below for all purposes of 0115 Agreement. "AO" shall mean the Florida Housing Finance Agency Act, Florida Statutes, Section 420,501-.516, as amended. "Agency" shall mean the FLORIDA HOUSING FINANCE AGENCY. a state agency and instrumentality and a public body corporate and politic duly existing under the taws of the Stale of Florida, and any agency or other entity of the State of Florida that shall hereafter succeed to the powers, duties and functions of the Agency. "CAC" shall mean the Internal Revenue Code of 1986, as amended. and any successor statute as it applies to the Tax Credits described herein, together with all applicable final. temporary or proposed Treasury Regulations and Revenue Rulings thereunder. Reference in this Agreement to any specific provision of the Code shall be deemed to include any applicable successor provision of such provision of the Code that may apply to the Tax Credits described herein. "Compliance Period" shall mean, watt respect to any building that is included in the Project. a period of fifteen (15) years beginning on the first day of the first taxable year of the Credit Period with respect thereto, "County" shall mean Dadc County, Florida. 2 https: //onl i neservi ces. mi am i-dadecl erk. com/officialrecords/p dfj svi ewer/web/vi ewer. html 12/ 18/2020 PDF j s viewer Page 3 of 21 aaf¢c: a="3ug7 ..Custaigrkir shall mean. with respect to any building that is included in the Project. the period of ten (I0) years beginning with (x) the taxable year in which the building is pieced in service. or (y) at the election of the Owner, the succeeding taxable year. "Estendgd Low-Irscpme Houston Agreement" ar "Aateausaat" shall mean this Extended Low-income Housing Agrecmcn4. as amended or supplemented from time to time, " shall mean, with respect to any building that is included in the Project. the period that begins on the first day oldie Compliance Period in which such building is pan of the Project and ends on thc later of: (i) thirty (30) years after the issuance of the final tar[ credit allocation with respect to such building (which date is the date specified by the Agency as provided In Section 42(hX6XDXii)(1) oldie Code). nr (ii) that number of years alter the lost day of the Compliance Period for which the Owner shall have set aside a specified number of units in the Pro;act for t.ow-Income tenants. Notwithstanding anything to the contrary elsewhere in this Agreement. if the Owner has set aside one or mune units in the Project for Low -Income Tenants in perpetuity. i.e.. fifty (50) years. the Extended Use Period shall continuo in perpetuity. i.e., fifty (50) years. "Grosz Rent" sha)I mean any amount paid by a tenant in connection with the occupancy of a Residential Rental Unit. plus the cosi nfnny services that are required to bc paid by a tenant as a condition for occupancy. plus thc cost army utilities. other than telephone. for such unit. If any utilities (other than telephone) are paid directly by thc tenant. "gross rent." also includes a utility allowance determined as set forth in this paragraph. "Gross Rent" dues not include any payment under Section 8 of the United States Housing Act of 1937 or any comparable rental assistance program with respect to such Residential Rental Unit or to the occupants thereof. or any fee for supportive service that is paid to the owner of the unit on the basis of the tow income status or the tenant of such Residential Rental Unit by any govcmmcntal program of assistance or by any tact -exempt organization if such program or organization provides sasistance for rant and the amount of assistance provided for rent is not separable from the amount of assistance provided for supportive services within the meaning of Section 42(g){22)(13) of the Code. For purposes of the foregoing. the allowable utility allowance is: (i) the United States Department of Housing and Urban Development ("HUD") utility allowances (except as provided in clause (iv) hereof) in the case of a building whose rents and utility allowances are reviewed by I4Ut] on art annual basis. (ii) the applicable Public Housing Authority ("PHA") utility allowances established for the Section 8 Existing Housing Program (except as provided in clause (iv) hereof) in the ease of a building.occupled by one or mare tenants receiving HUD rental assistance payments ("HUD Tenant Assistance"): (iii) in the case of a building for which there is neither HUD Tumult Assistance. nor an applicahk I IUD or RD utility allowance. the applicable PHA utility allowance; however, utility allowances based on estimates from local utility providers certifying the estimated costs of all covered utilities for units of comparable size and construction in the cnunty where the building is located, determined in accordance with Internal Revenue Service Notice 89.6., may be obtained, in which case those estimates shall apply to all units of similar size and construction in the building; or (iv) the applica-Ie RD utility allowance in the case of any Rout Restrtctcd Unit in a building where either the building receives RD housing assistance (including a building that is HUD -regulated) or any tenant receives RD housing assistance 3 https://onlineservices.miami-dadeclerk.cam/officialrecords/pdf sveewer/web/viewer.html 12/18/2020 PDF.j s viewer Page 4 of 21 (including any Low -Income Tenant receiving HUD Tenant Assistance who resides in a building where the building or any other tenant receives RD housing assistance). "Low-income Tenants" shall mean individuals whose income is fifty percent (50%) or Tess of arca median gross income (adjusted for family size) within the meaning of Section 42(0(1) of the Code, as the same may he amended from lime 10 time (hut only to the extent such amendments apply to the Project) In no event. however. shall occupants of a unit bc considered to be of low income if all the occupants arc students (as defined in Section 151(0(4) of the Code. but excluding from such definition the following. (x) single parents who are students with all children also being students end the household receives AFDC payments, (y) if the students are enrolled in certain federal, state or locnl job training programs and are considered lower income. or (z) for projects receiving credit allocations after June 30. 1992, a housing unit occupied exclusively by full-time students may qualify as lower income if the students arc n single parent and his/her minor children and none of the tenants arc a dependent of a third patty "L rdane Unit" shall mean any unit in a building if ti) the unit is a Rent -Restricted Unit satisfying the requirements of Section 2 hereof, and (ii) the individuals occupying the unit are Low -Income Tenants (or the unit is held available for rental to Low -Income Tenants if previously ranted to and occupied by Low -Income Tenants) as set forth in Section 3(a) hereeof, "Monitoring Agent-" shall mean any monitoring agent appointed by the Agency- "Owner" shall mean CENTRAL CITY APARTMENTS, LTD., n Florida limited partnership and its successors and assigns as permitted under Section 4 of this Agreement. "Related Person" to a person shall mean a relationship such that the "related person" bears a relationship to such person specified in Section 267(b) or Section 707(60I) of the Code. or the related person and such person arc engaged in trades or businesses under common control within the meaning of Section 52(a)-(b) of the Code, except that for purposes hereof, the phrase "l0 percent" shall be substituted for the phrase "50 percent" in applying Section 267(h) and Section 707(b)(1.). "Rene -Restricted Unit" shall mean a Residential Rental Unit where the Gross Rent with respect to such unit does not exceed thirty percent (30%) of the imputed income limitation applicable to such unit (or such higher limitation ns provided by Section 42(g)(2)(L) of the Code). For purposes of the foregoing. the imputed income limitation applicable to n Residential Rental Unit is the income limitation set forth for Low -Income or Very Low -Income Tenants occupying the unit if the number of individuals occupying the unit are (a) one (1) individual, in the case of a unit that does not have a separate bedroom. and (y) one and one-half (1 5) individuals for each separate bedroom. in the case of a'snit that has one or more separate bedrooms. "gesideatial Rasta Unit.." shall mean dwelling units made available for rental. and not ownership. by Low -Income Tenants and members of the general public. each of which units shall contain complete living facilities shot arc to bc used other than on a transient basis together with 4 �',MJ)lt'iNY'�li https://onl in eservices. m i am i-dadecl erk. con/offs cial records/pdfj sviewerlweb/viewer. html 12/ 18/2020 PDF.js viewer Page 5 of 21 orr,e174 ri +ac. facilities that arc functionally related or subordinate to the living facilities. The units shall al all times be constructed and maintained in substantial accordance with the applicable building code standards of the County. For purposes of the foregoing, a unit that contains sleeping accommodations and kitchen and bathroom facilities and that is located in a building used exclusively to facilitate the transition of homeless individuals to independent living and in which a governmental entity or qualified nonprofit organization provides such individuals with temporary housing and supportive services designed to assist such individuals in locating and retaining permanent housing shall not be deemed to be a unit occupied on a transient basis within the meaning hereof. "Very Lots' -Income Tenants" shall mean, with respect to the Owner's satisfying its commitments set forth in its Low -Income }lousing Tax Credit Application to the Agency, individuals whose income is forty percent (40%) or less of area median gross income (adjusted for family size) as determined in a manner consistent with Section 42(g)(I) of the Code. as the same may be amended from time to time (but only to the extent such amendments apply to the Project). In no event. however, shall occupants of a unit be considered to be of low income if all the occupants are students (as defined in Section 15l(c)(4) of the Code, but excluding from such definition the following: (x) single parents who are students with all children also being students and the household receives AFDC payments, (y) if the students are enrolled in certain federal, state or local job training programs and are considered lower income, or (r) for projects receiving credit allocations after June 30, 1992, a housing unit occupied exclusively by full-time students may qualify as lower income if the students are a single parent and his/her minor children and nunc of the tenants ore a dependent of o third party. (b) All capitalized words and terms herein which arc not otherwise defined herein shall have the same meanings ascribed to them in Section 42 of the Code or in Treasury Regulations thereunder. (c) The terms and phrases used in the Recitals of this Agreement have been included for convenience of reference only, in the meaning, construction and interpretation of all such lams and phrases shall be determined by reference to this Section 1. The titles and headings in this Agreement have been inserted for convenience of reference only and shall be deemed so modify and restrict any other provisions of this Agreement. Id) Unless the context clearly requires otherwise. words of masculine, feminine or neuter gender, as the case may be, shall be construed as including the other genders, and words of the singular number shall be construed to include the plural number, and vice versa. This Agreement and all of the terms and provisions hereof shall be construed to effectuate the purposes set forth in this Agreement and to sustain the validity hereof. Section 2. Qualified Low-income Housing Project, The Agency and the Owner hereby declare their understanding and intent that, during the Extended Use Period, the Project is to be owned, managed, and operated as a qualified low-income housing project as such phrase is defined in Section 42(g) of the Code. To that end. the Owner hereby represents, covenants and agrees as follows: 5 https://onlineservices.miami-dadeclerk.com/officialrecords/pg sviewer/web/viewer. html 12/ 18/2020 PDF.js viewer Page 6 of 21 yf'�t F;r °f r•174351T3600 R[C. (a) That the Project is being constructed For purposes of providing a qualified low-income housing project, and the Owner shall own. manage and operate the Project as a qualified low-incomc housing project all in accordance with Section 42 of the Code: and (b) That all of the Residential Rental Units In the Project shad be similarly constructed and each such unit shall contain complete facilities for living. sleeping, eating. cooking and sanilnlinn for al least a single individunl or n family, provided. however. that a unit that contains sleeping accommodations and kitchen and bathroom facilities and that is located in a building used exclusively to facilitate the transition of homeless individuals to independent living and in which a governmental entity or a qualified nonprofit organization provides such indtviduals with temporary housing and supportive services designed to assist such individuals in locating and retaining permanent housing shall not he deemed to be a unit occupied on a transient basis within the meaning of this Section.2(b), and (ci Thal, during thc Extended Use Period. none of the Residential Rental Units in thc Project shall at any time be utilized on a transient basis: except as provided in this Section 2(c), none of the Residential Rental Units in the Project shall ever be leased or rented for an initial period of less than one hundred eighty (180) days, and neither the Project nor any portion thereof Anil ever be used as a hotel. motel, dormitory, fraternity house. sorority house, rooming house. hospital, sanitarium, nursing home, rest home. trailer court or trailer park, or health club or recreational facility (other than recrcntionat facilities that are available only to tenants and their guests without charge for their use and that arc customarily found in muIti•ftuntty rental housing projects); provided, however, that a single -room occupancy unit shall not he treated as used on a 1rnnsient basis merely because it is rented on a month -to -month basis: and provided (other that a unit that contains sleeping accommodations and kitchen and bathroom facilities and that is located in a building used exclusively to facilitate the transition of homeless individuals to independent living and in which n governmental entity or a qualified nonprofit organization provides such individuals with temporary housing and supportive services designed to assist such individuals in locating and retaining permanent housing shall nor he deemed to he unit occupied on a transient basis within the meaning of this Section 2(e): and (d) Thal, during the Extended Use Period, the Residential Rental Unita in the Project shall be leased and rented, or made available for rental on a continuous basis, to members of the general public; and the Owner shall not give preference in renting residential Rental Units in the Project to any particular class or group of persons, other than Low -Income Tenants or Very Low-income Tenants as provided in this Agreement; and. (e) That the Project shall consist of one (I) or mare discrete edifices or other man-made construction, each consisting of an independent foundation. outer walls and roof. and containing four (4) or more Residential Rental Units and functionally -related facilities, all of which shall be- ta) owned by the some person for federal tax purposes; (y) located on a common tract or land or two (2) or more contiguous tracts of land; provided, however, that separate tracts of land that arc separated only by a road, street, stream or simitar properly shall for purposes hereof be deemed to be contiguous; and (z) financed pursuant to a common plan of Financtng. and which shall consist entirely of: 6 1 https ://onl i neservi ce s. mi am i-dadecl erk. comloffici al records/pd# j svi ewer/web/vi ewer. html 12/18/2020 PDF.js viewer Page 7 of 21 rei.11435464 (I) Two (2) residential buildings comprised of thirty-five (35) residential unite. Consisting of twenty-four (24) Iwo -bedroom, one -bath units cnmprising 1..142 square feet each. and eleven (1 1) three -bedroom_ two. bath units comprising 1,156 square feet each; and (2) Residential Rental Units which are similar in quality and type of construction and which will include the following amenities: laundy hookups in each unit. air conditioning. energy features. microwave oven, security features. vertical blinds, and for elderly/handicapped/disabled tenants, bathrooms in set -aside units meet handicapped accessibility standards. no inlernnl stairways in set -aside units, and all set -aside units on first floor or accessible by elevator. and (3) FociIities functionally related and subordinntc in purpose and size to the property described in Section 2(clt2) above, which will include a playground/tot lot, community room and an area for agricultural/fishing equipment storage on -site (none of which may be unavailable to any personbecause such person is a Low -or Vary Low -Income Tenant) and other facilities that arc reasonably required for the Project. (f) That, during the Extended Use Period, the Owner shall provide the following tenant programs; day care, counseling, educational courses, job training and tenant activities. Additionally, thc Owner will offer financial incentives to qualified tenants wishing to move into home ownership in the form of, 1) DBA mortgages - 0% interest first mortgages. 2) AHP funds - to reduce the first mortgage debt by buying down the mortgages to a debt level which is appropriate for the family, or 3) HOPE 3 program - purchases foreclosed properties directly from FHA, substantially rehabilitates and then holds second mortgages in the amount needed to make them affordable to low- and very -low-income families; and (g) That, during thc Extended Usc Period. the Project shall not include a unit in o building where all Residential Rental Units in such building arc not also included in the Project; and (h) That. during the Compliance Period, the Owner shall not convert the Project to condominium ownership; and (i) That. during the Compliance Period, no part of She Project shall at any time be owned or used by a cooperative housing corporation; and (j) That, during the Extended Usc Period. no unit in the Project shall be occupied by the Owner or a Related Person to the Owner at any time (x) unless such person resides in a unit in a building or structure which contains at tcast five (5) Residential Rental Units, or (y) except as provided in Section 42(i)(3XE) of the Code; and 7 https://onlineservices.miami-dadeclerk.com/officialrecords/pdfj sviewer/web/viewer.html 12/18/2020 PDF.js viewer Page 8 of 21 Mi7435rr (k) That, during the Extended Use Period. Owner shall not refuse to lease a unit to a holder Gin voucher OF certificate of eligibility under Section 8 of the United States lousing Act of 1937 because of the status of the prospective tenant as such a holder (1) Thal the Owner shall nol discriminate on the basis of age, race, creed, religion, color, sex. marital status. family status, handicap or national origin in the lease- use or occupancy of the Project or in connection with the employment or application for employment of persons for the operation and management of the Project; provided, however. that nothing herein shall be deemed to preclude the Owner from discrimination based en income in renting Residential Rental Units set aside for Low -Income Tenants or for Very Low -Income Tenants in compliance with the requirements of the Code; and (m) That the Owner shall submit the certificate with respect to the first year of the Credit Period and such annual reports to the Secretary of the Treasury as required by Sections 42(1)(11 and (1X2) of the Code and deliver a copy therm rto the Agency and to the Monitoring Agent. and shall submit such information to the Agency as thc Agency may request in order for the Agency to comply with Section 42(I)(3) of the Code and for the Agency to monitor the Owner's compliance with Section 42 of the Code, the Agency's rules and regulations codified at Florida Administrative Code. Chapter 91-33. and the provisions of the Agreement. and (n) That, during the Extended Use Period, the Owner shall comply with the following commitments that were the basis or the Agency's competitive scoring and ranking of the Owner's application For Tax Credits in satisfaction of the Agency's responsibilities under Section 42(n) of the Code. and as required by the Agency's rules and regulations implementing such responsibilities. Florida Administrative Code. Rule 91-33.010(1): (i) Notwithstanding Section 3(a) below to the contrary, commencing with the issuance of the first certificate of occupancy for any building included in the Project, at least one - hundred percent (100%) of the occupied and completed Residential Rental Units included in the Project shall be occupied by and rented to Low- and Very Low -Income Tenants or held available for rental to Low- and Very Low -Income Tenants. (ii) In addition to the requirements set forth In Section 2(n)(i) above and in Section 3(a) below, commencing with the issuance of thc Gist certificate of occupancy for any building included in.thc Project at least twenty percent (20%) of the occupied and completed Residential Rental Units included in the Project shall be occupied by and rented to persons with incomes which do not exceed forty percent (40%) of the Brea median income (adjusted for family size). (iii) For purposes of complying with thc requirements set forth in Section 2(n)(i) and (ii) above. if the income of an individual or family resident in o Residential Rental Unit did not exceed the applicable income limit (adjusted for ftunily size) at the commencement of such resident's occupancy, the income of such individual or tinnily shall be treated as continuing to not exceed the applicable income limit as long as such Residential Rental Unit remains a Rent -Restricted Unit. The preceding sentence shall cease to apply to any 'individual or family a https://onlineservices.miami-dadeclerk.com/officialrecordslpdfjsviewerlweb/viewer.html 12/18/2020 PDF.js viewer Page 9 of 2I Ur,•1743tr whose income. as of the most recent determination, exceeds onc-hundred-forty percent (140%) of the applicable income limit (adjusted for family size). if afler such determination, but before the next income determination. any Residential Rental Unit of comparable or smaller size in the building is occupied by a new individual or family resident whose income exceeds the applicable income limit (adjusted for family size) for Low -Income -Tenants or Very Low-income Tcnunts. as the case may he. (iv) The Owner shall obtain from each I. ow -Income Tenant and Very Low -Income Tenant and maintain on file an Income Certification pursuant to the requirements and procedures found in the Low-income Rental Rousing Tax Credit Compliance Manual immediately prior to the initial occupancy ofa Residential Rental Unit in the Project by such tenant. The Owner shall also obtain. at least annually thereafter, and maintain on file an Income Certification fmm each Low -Income Tenant and Very Low -Income Tenant (and from each tenant whose income is treated as continuing riot to exceed the applicable income limit as provided in Section 2(n)(i) and (ii) above) to determine whether the then current income of such tenants (or such tenants whose income is treated as continuing notto exceed the applicable income limit as provided in Section 2(n)(i) and (ii) above) residing. in the Project exceed the applicable income limits. adjusted for family size. In addition. the Owner shall require each Low -Income Tenant and Vcry Low-income Tenant (or tenant whose income is treated as continuing not to exceed the applicable income limit as provided in Section 2(n)(i) and (ii) - above) to notify the Owner of any material change of information in hls, her or their. as the case may be, most recent Income Certification. The income Certification shall be in the form and contain such information as may be required by the policies of the Agency. as the same may tic, from time to time, amended by the Agency on the advice of Counsel. For all projects receiving Tax Credit allocations since January 1, 1987, the Owner shall submit Program Reports, Recap of Tenant Income Certification inforrnatian and Annual Owner Compliance Certification annually throughout the Compliance Period. The initial reports shall be submitted to the Agency not later than thirty (30) days after final allocation is made. Subsequent reports shall be submitted to the Agency annually on a dale assigned by the Agency. in addition. the Owner shall submit the Program Report. Recap of Tenant Income Certification Information and copies of Tenant income Certification for at least ten percent (IO%) of the lower -income units in the project to the monitoring agency annually. Additional reprimand information shall be submitted to the Agency at such other times as the Agency may. in its se le discretion. request. (v) The Owner shall maintain complete and accurate records pertaining to the Residential Rental Units occupied by and rented to (or held available for rental to) Low -Income Tenants and Very Low -Income Tenants Inc at least six (6) years following the indicated date of each such record and shall permit any duly authorized representative of the Agency or the Monitoring Agent, to inspect the books and records of the Owner pertaining to the Income Certifications and income substantiation materials of Low -Income Tenants and Very Low -Income Tenants (and such tenants whose income is treated ns continuing not to exceed the applicable income limit as provided in Section 2(n)(i) and (ii) above) residing in the Project upon reasonable notice and at reasonable times. 9 bri https://onlineservices.miami-dadeclerk.com/offfcialrecords/pdf sviewer/web/viewer.html 12/18/2020 PDF _j s viewer Page 10 of 21 g :1743&f 4 (vi) The Owner shall immediately notify the Agency and the Monitoring Agent if at any time the Residential Rental Units in the Project are not occupied or available for occupancy ns provided in Section 2(n)(i) and (ii) above. Section 3. Latti- and Very Low-ImCvme Tejiante:Law- and Very [.ow4neame limits. In order to satisfy the requirements of the Code, the Owner hereby represents. covenants and agrees that. during the Extended Usc period: (a} Nnl later than the c[nsc of the first (1 st) year of thc Credit Period for each building Included in the Project, at least ferny percent (40%) of the occupied and completed Residential Rental Units included in the Project shall be both Rent -Restricted Units and rented to and occupied by Low -Income Tenants, and after the initial rental occupancy of such Residential Rental Units by Low-lncomc Tenants. at 'cast forty percent (40%) of the completed Residential Rental Units in the Project at all times shall be both Rent -Restricted Units and rented to and occupied by (or held available for rental to. if previously rented to and occupied by a Low -Income Tenant) Low -Income Tenants as required by Section 42(g)(i) of the Code. At least one -hundred percent (100%) of the dwelling units must be occupied and rented to Low- and Very Low-income persons. Not less than twenty percent (20%) of the units in the project shall be leased, rented nr mnde nvnilable on a continuous basis to persons or households whose incomes are forty percent (40%) or less of the area median income (adjusted for family size), and not less than eighty percent (80%) of the remaining units in the project shall be leased, rented or made available on a continuous basis to persons or households whose incomes are fifty percent (50%) or Icss of the area median income (adjusted for family size). as determined by !IUD. The gross monthly rents for all units shall not exceed thing percent (30%) of the imputed income limitation applicable to such unit as defined in Section 1(0. For purposes of complying with the foregoing requirements, if (x) the income of an individual or family resident in a Rent -Restricted Unit did not exceed the applicable income limit (adjusted for family size) at the commencement of such resident's occupancy and (y)'such unit continues to be a Rent -Restricted Unit, the income of such individual or family shall be treated as continuing to not exceed the applicable income limit. The preceding sentence shell cease to apply to any individual or family whose income. as of the most recent determination, exceeds one hundred forty percent (140N/e) of the applicable income limit (adjusted for family size) if, aver such determination. but before the next income determination. any Residential Rental Unit of comparable or smaller size in thc building is occupied by a new individual or family resident whose income exceeds the applicable income limit (adjusted for family size) (b) During each taxable year in the Extended Usc Period, the applicable fmction Inc such [tarn is defined in Section 42(c)(B) and is used in Section 42(h)(6) of Code) shall not be Icss than the smaller of: (i) the unit fraction or (ii) the floor space fraction (as such terms are defined in Sections 42(c) of the Code). (c) The Owner shall not evict or terminate the tenancy of any tenant (including any tenant whose income is treated as contintr!tg not to exceed the applicable income limit as provided in Section 3(o) above) of any Low -Income Unit in the Project, other than for good 10 X1 https://oniineservices.miami-dadeclerk.com/officialrecords/pdfjsviewer/web/viewer html 12/18/2020 PDF.js viewer Page 11 of 21 orr,174Mr cause, ur increase the Gross Rent with respect to such Low-Ineomc Units in excess of the amount nllowahle as Rent -Restricted Units. (d) 'The Owner shall obtain from each Low -Income Tenant and Very Low -Income Tenant and maintain on file an income Certification pursuant to the requirements and procedures found in the Low-income Rental Housing Tax Credit Compliance Manual immediately prior to the initial occupancy of a dwelling unit in the Project by such Low -Income Tenant and Very Low -Income Tenant. The Owner shall also obtain,. at (cast annuaily thereafter, and maintain on file an Income Certification from each Low -Income Tenant and Very Low -Income Tenant land from each tenant whose income is heated as cuntinuing not to exceed the applicable income limit as provided in Section 3(a) above) to determine whether the then current income of such Low-lncome Tenants or Very Low -Income Tenants (or such tenants whose incomes arc treated as continuing not to exceed the applicable income limit as provided in Section 30) above) residing in the Project exceed the applicable income limits, adjusted for family size. In addition, the Owncr shell require each Low -Income Tenant and Very l-ow-l scame Tenant (or tenant whose income is treated as continuing not to exceed the applicable incumc limit as provided in Section 3(a) above) to notify the Owner or any material change of information in his. her or their. as the case may be. most recent Income Certification. The income Certification shall be in the form and contain such Information as may be required by the Code and the policies of the Agency. as the same rosy be Irmo time to time amended by the Agency on the advice of Counsel- or in such other form and manner as may be required by applicable rules. rulings, pmcedutes. official statements. regulations or policies now or hereafter promulgated or proposed by the Department ofihe Treasury or the Internal Revenue Service with respect to Tax Credits.. for all projects receiving Tax Credit allocations since January 1, 1910, the Owner shall submit Program Reports, Recap of Tenant income Certification Information and Annual Owner Compliance Certification annually throughout the Compliance Period. The initial reports shall be submitted to the Agency not later than thirty (30) days after final allocation is made. Subsequent reports shall be submitted to the Agency annually on a date assigned by the Agency. in addition. the Owner shall submit the Program Report, Recap of Tenant income Certification Information and copies of Tenant Income Certification for at least ten percent (I O ) of the lower -income units in the project to the monitoring agency annually Additional reports and information shall be submitted to the Agency at such other times as the Agency may, in its sole discretion. request, (e)The Owner shall maintain complete and accurate records pertaining to the Low-income Units and Very Low -Income Unite for at least six ((11 years following the indicated dam of each such record and shall permit any duly authorized representative of the Agency- the Monitoring Agent. Cite Department of the Treasury or the Internal Revenue Service to inspect the hooks and records of the Owner pertaining to the income Certifications and income substantiation materials of Low -Income Tenants (and such tenants whose income is treated as continuing not in exceed the applicable income limit as provided in Section 1(n) above) residing in the Project upon reasonable notice and at reasonable times. (t) The Owner shall immediately notify the Agency and the Monitoring Agent if at any time the Residential Rental Units in the Project are not occupied or available for occupancy as provided in Section 3(al above. tI https://onlineservices.miami-dadeclerk.coin/officialrecords/pdfj sviewer/web/viewer.html 12/18/2020 PDF.js viewer Page 12 of 21 €r:1743Er2C06 (g) Notwithslnnding anything elsewhere in the Agreement, the Owner undertakes, agrees and covenants thin the Extended Use Period shall continue for perpetuity. i.e.. fifty (50) years. so that its obligation to set aside the one -hundred percent (100%) of the Rem Restricted Units for • I. ow -Income Tenants nr Very Low -Income Tenants shall likewise continue for perpetuity, i.e., fifty (50) years. Section 4. (a) The Owner shall not enter into a sale, lease. exchange. assignment. conveyance, transfer or other disposition (collectively, a "Disposition") of the Project or any building in the Project. (i) unless such Disposition is of all of a building in the Project, and (ii) without prior written notice to the Secretary of the Treasury and to the Agency, and the compliance with all rules and regulations of the Department of the Treasury and thc Agency applicable to such Disposition. The Owner shall notify the Agency in writing of the name and address of the person to whom any Disposition has been made within fourteen (14) days after the date thereof. It is hereby expressly stipulated and agreed that any Disposition of the Project or of any building in the Projeet by the Owner in violation of this Section 4 shall be null. void and without effect, shall cause a reversion of title to the transferor Owner, and shrill be ineffective to relieve the Owner of its obligations under this Agreement. The Owner shall include. verbatim or by incorporation by reference, all requirements and restrictions contained in this Agreement in any deed or other documents transferring any interest in the Project or in any building in the Project to any other person or entity to the end that such transferee has notice of and is bound by such restrictions. and shall obtain the express written assumption of this Agreement by any such transferee. (b) The restrictions contained in Section 4(o) shall not be applicable to any of the following: (1) any transfer pursuant to or in lieu of a foreclosure or any exercise of remedies (including, without limitation. foreclosure) under any mortgage on thc Project; provided. however. that neither the Owner nor any Related Person to the Owner shall acquire any interest in the Project during the remainder of the Extended Use Period; (2) any sate, transfer, assignment, encumbrance or addition of limited panncrship interests in thc Owner; (3) grants of utility -related easements and governmental easements. shown on the title policy approved by the Agency and any other easement and. use agreements which may be consented to by the Agency and service -related leases or easements. such as laundry service leases nr television cnhle easements. over portions of the Project, provided. however, the saute are granted in the ordinary course of business in connection with the operation of the Project as contemplated by this Agreement; (4) leases of apartment units to tenants, including Very Low -Income Tenants. in accordance with this Agreement; (5) any sale or conveyance to a. condemning governmental authority as a direct result of a condemnation or a governmental taking or a threat thereof: (6) the placing of a subordinate mortgage lien, assignment of leases and rents or security interests on or pertaining to the Project if made expressly subject and subordinate to this Agreement; or (7) any change in allocations or preferred return of capital, depreciation or losses or any final adjustment in capital accounts (alI of which may be freely transferred nr adjusted by Owner pursuant to Owner's partnership agreement) 12 !r3nhi?ii ITT _ , i:4rt"4134..,e6/1!1.' hapssilonlineservices.miarni-dadeclerk.com/officialrecords/pdfj svi ewer/web/viewer. html 12/18/2020 PDEj s viewer Page 13 of 21 Section S. protect Within Agencv`d 1)trisdtction. The Owner hereby represents and warrants that each building in the Project shall be located entirely within the limits of the County, Section 6. Term or lhi■ Agreement (a) This Agreement shall hecame effective upon its execution and delivery. and shall remain in full force and efTect until the expiration of the Extended Use Period or except as otherwise provided in this Section 6. Upon the termination of this Agreement. upon request of any party hereto, the Agency and thc Owner or any successor party hereto shall execute a recordable document prepared by the Agency or its Counsel further evidencing such termination. (h) The restrictions contained in Section 2 and Section 3 of this Agreement regarding the use and operation of the Project and of each building in the Project shall automatically terminate in the event of involuntary noncompliance caused by fire. seizure. requisition. foreclosure or transfer of title by deed in lieu of foreclosure to an entity other than the Owner or a Related Person of the Owner (except as may othcrWisc be determined by the Secretary of the Treasury). change in a federal law or an action of a federal authority after the date hereof which prevents compliance with the covenants expressed herein. or condemnation or similar event (as determined by the Agency upon thc advice of Counsel). In such event, upon thc request and at the expense of thc Owner, the parties hereto shall execute an appropriate ducunsent in recordable forth prepared by the Agency or its Co nnet to evidence such automatic termination This Section 6(b) shall not apply (and the restrictions contained in Sections 2 and 3 shall therentler apply) to the Project in the event that. subsequent to any involuntary noncompliance as described in this Section 6(b) but prior to the expiration of thc Extended Use Period, (x) a Related Person to the Owner obtains an ownership interest in the Project for tax purposes, or (y) the Secretary of the Treasury determines that such foreclosure or trunsfe, of title by deed in lieu of foreclosure is part of an arrangement to Terminate this Agreement. (c) The restrictions contained in Section 2 and Section 3 of this Agreement regarding the use and operation of the Project and of each building in the Project shall remain in perpetuity. i.e., fifty (50) years. (d) Notwithstanding the termination of the restrictions contained in Section 2 and Section 3 prior to the expiration of the Extended Usc Period. the Owner (including any successor or assignee of the Owner) shall not, prior to the end of the three (3) year period following such termination: (i) evict or terminate the tenancy of any existing tenant (including any tenant whose income is treated as continuing not to exceed thc applicable income limit as provided in Section 3(a) above) of any Low -Income Unit or Very Low -Income Unit, other than fur good cause, or (ii) increase the Dross Rent with respect to such Low-income Units or Very Low -Income Units in excess of the amounts allowable as Rent -Restricted Units (c) Notwithstanding any other provisions of this Agreement, this entire Agreement. or any of the provisions or sections hereof. may be terminated upon agreement by the Agency and the Owner if there shall have been received an opinion of Counsel to the Agency that such termination is permitted under Section 42 of the Code. 13 https://onlineservices.miami-dadeclerk com/officialrecords/pdtjsviewer/web/viewer. html 12/18/2020 PDF.js viewer Page 14 of 21 R[C. Section 7. Indrmnifiratiaa. The Owner hereby covenonts and agrees to indemnify and hold the State. the Agency and the Monitoring Agent. and their respective members. directors. officers, employees. attorneys, agents and representatives (any or ail of the foregoing collectively referred to as the "indemnified Persons') harmless from and against any and all losses, damages, judgments (including specifically punitive damage awards), arbitration awards, amounts paid in settlements. costs and expenses and liabilities nfwhatsoever nature or kind (including. but not limited to. reasonable attorneys' fees. whether or not suit is brought and whether incurred in connection with settlement negotiations, investigations of claims, at trial, on appeal, in bankruptcy or other creditors' proceedings or otherwise. expert witness fees and expenses and court casts) directly or indirectly resulting from, arising out of or in connection with nny act or omission to act by the Owner or any of its partners. directors. officers, employees. attorneys or agents or other persons under direct contract to the Owner or acting on its behalf, resulting from, arising out of or relating to: (i) the granting of (or failure to grant) any low-income housing to credits, (ii) the interpretation or enforcement of any provision of this Agreement (including but not limited to any action by any tenant to enforce the provisions hereof), (iii) any written statements or representations made or given by the Owner ar by any partner. director, officer, employee, attorney or agent of the Owner or by nny person under direct contract to the Owner or acting on the Owner's behalf to any person to whom the Owner soils ar offers to sell any interest in low-income housing tax credits. or (iv) the design. construction. installation, operation. use, occupancy, maintenance or ownership of the Project. Loch indemnified Person will promptly. and after notice to such Indemnified Person (notice to the Indemnified Persons being serviced with respccI to thc f ling of an illegal action, receipt of any claim an writing or similar form of actual notice) of any clown as to which he asserts a right to indemnification. notify the Owner of such claim. Each Indemnified Person will provide notice to the Owner promptly. but in no event later than seven (7) days following his receipts of a filing relating to legal action or thirty (30) days following his receipt of any Such other claim. If any claim for indemnification by one or more indemnified Persons arises out of a clnim for monetary damages by a person other than the indemnified Persons. the Owner shall undertake to conduct any proceedings or negotiations in connection therewith which arc necessary to defend thc Indemnified Persons and shall take all such steps or proceedings as the Owner in good faith deems necessary to settle or defeat any such claims. and to employ counsel to contest any such claims: provided. however. that the Owner shall reasonnbly consider the advice nitric Indemnified Persons as to the defense of such claims, and the Indemnified Persons shall hove the tight to participate, at their nwn expense. in such defense. but control of such litigation and settlement shall remain with the Owner. The Indemnified Persons shall provide all reasonable cooperation in connection with any such defense by the Owner. Counsel (except as provided above) and auditor fees, filing fees and court fees of all proceedings, contests or lawsuits with respect to any such claim or asserted liability shall be borne by the Owner. If any such claim is made hereunder and the Owner does not undertake the defense thereof: the indemnified Persons shall be cringed to control such litigation and settlement and shall be cntnicd to indemnity for ell costs and expenses incurred in connection therewith pursuant to the terms of this Section 7. To the extent that the Owner undertakes the defense of such claim, the Indemnified Persons shall be 14 Ztilo A https ://onl i n eservices. miami-dadecl erk. com/official records/pdfj sviewer/web/viewer. html 12/ 18/2020 PDF.j s viewer Page 15 of 21 Kc:I743rr`2€09 entitled to indemnity hereunder only to the extent that such defense is unsuccessful as determined by s final judgment of a court of competent jurisdiction, or by written acknowledgment of the parties. The Owner reserves the right to appeal any judgment rendered_ SectionS. ticlign e. The Agency and the Owner hereby recognize and agree that the representations and covenants set forth herein may be relied upon by all persons interested in the legality and validity of the Owner's use of the Tax Credits- In performing their duties and obligations hereunder, thc Agency may rely upon statements and certificates of thc Owner and Low -Income Tenants believed in good faith to be genuine and to have been executed by the proper person or persons. and upon audits of the books and records of the Owner pertaining to occupancy of the Project. No inicrlincation or manual alteration to the typed version of this Agreement shall be permitted unless initialed by all parties to the Agreement. In addition, the Agency may consult with counsel. and the opinion of such counsel shall ha full and complete authorization and protection with respect to any action taken or suffered by the Agency hereunder in good faith and in conformity with the opinion of such counsel. The 0NTICr shall reimburse the Agency for reasonable attorneys' fees and expenses incurred in obtaining the opinion of such counsel. In performing its duties and obligations hereunder. thc Owner may rely upon certlflcates of Low -Income 'tenants reasonably believed to be genuine and to have bccn executed by the proper person or persons. The Owner may rely on the rules, regulations. guidelines and politics of the Agency. the [Jcpnrfinent of the Treasury, and upon reasonable interpretations of the same. Section 9. f nfortcmcnt by the Agency and by Tcnenta. If the Owner defaults in the performance of its obligations under this Agreement or breaches any covenant, agreement or warranty of the Owner set forth in this Agreement. and if such default or breach remains uncured fora period of sixty (60) days (or ninety (90) days for any default not caused by a violation of Section 2 or 3 hereof) after written notice thereof shall have been given by the Agency to the Owner (or for an extended period approved in wasting by Agency Counsel (x) if such default or preach stated in such notice can be corrected. but not within such sixty (60) day (or ninety (90) day) period. and (y) if thc Owner commences such correction within such sixty (6D) day (or ninety (90) day) period and thereafter diligently pursues the same to completion within such extended period). then the Agency shall give nonce of such default or breach to the Internal Revenue Service and may terminate all rights of the Owner under this Agreement. and the Agency may rake whatever other action at law er in equity or otherwise, whether for specific performance of any covenant in this Agreement or such other remedy as may he deemed most effectual by the Agency to enforce the obligations of the Owner under this Agreement. Notwithstanding any of the foregoing, the Agency shall have the right to seek specific performance of any of the covenants, agreements and requirements of this Agreement concerning the construction and operation of the Project and any person who satisfies the income limitations applicable to Low -Income Tenants hereunder (whether prospective. present or former occupants Marty Residential Rental Unit in any building included in the Project, including any tenant whose income is treated as continuing not to exceed the applicable income limit es provided in Section 3(a) above) shall scpamiely have thc right to seek specific perfomiancc rand otherwise 75 lhttps:/(onlineservices,miami-dadeclerk.com/officialrecords/polj sviewer/web/viewer, html 12/18/2020 PDF.js viewer Page 16 of 21 ore:RI:C.174 rf enforce the requirements of Section 3(b) and Section 3(c) with respect to such building that is part of the Project. The owner must obtain the Agency's approval of the management company selected to manage the project. The Agency must be advised of any change in the owner's selection of o management company, and the company must be approved by the Agency prior to the firm assuming responsibility for the project The Agency shall have the right to require the Owner to remove any Managct or Managing Agent who does not require compliance with this Agreement upon such Managers or Managing Agent's being given thirty (30) days' written notice of a violation, and such nght shall be expressly acknowledged in any contract between the Owner and any Mannger or Managing Agent. The Agency shall have the right to enforce this Agreement and require curing of defaults in shorter periods than specified above if Agency Counsel makes a reasonable determination that such shorter periods arc necessary to comply with Section 42 of the Code. Section 10. Recording and Filing: Covenants to Run with the Land. (at Upon execution and delivery by the parties hereto, the Owner shall cause this Agreement and all amendments and supplements hereto to be recorded and filed in the official public records of the County in such manner and in such other places as the Agency may reasonably request and shall pay all fees and charges incurred in connection therewith. (b) This Agreement and the cavenants herein shall run with the Land and shall bind. and the benefits shall inure to. respectively. the Owner and the Agency and their respective successors and assigns during the tens of this Agreement, (c) Upon reasonable notice, if there has been no event of default under this Agreement, the Agency shall Furnish to the Owner a statement in writing certifying that the Agreement is not in default. Section 11. Amendments Required by the (rgle. To the extent that Section 42 of the Code or any amendments thereto and any Final or temporary Treasury Regulations or Revenue Rulings thereunder shall impose requirements upon the ownership or operation of the Project more or less restrictive than those imposed by this Agreement, the Owner and the Agency agree that this Agreement shall be deemed to be automatically amended to impose such additional or more restrictive requirements or to impose less restrictive requirements, as appropriate; provided. however, this Section 11 shall not affect requirements of this Agreement imposed by State law or agreed to by the Owner that were the basis of the Agency's competitively scoring and ranking the Owner's application (including any modifications or supplements thereto) for Tax Credits, The Owner and the Agency shall execute, deliver and. If applicable. file of record any and all documents and instruments necessary in the reasonable opinion nfCounsel to the Agency to be 16 https ://onl i neservi ces. m i am i -d adec l erk. com/official record s/pdfj svi ewer/web/viewer. html 12/18/2020 PDF'.js viewer Page 17 of 21 in compliance with the provisions of Section 42 and all other provisions of -the Code and Florida law relating to Tax Credits. Section 12. GourniuiJ,aw. This Agreement shall be governed by and construed in accordance with the laws of the State of Florda. 5eclion 13. Notice. Any notice required to be given hereunder shall be given by personal delivery. by registered or certified U.S. Mail or by expedited delivery service at the address as specified below or at such other addresses as may be specified by notice to the other parties hereto, and any such notice shall be deemed received on the date of delivery, if by personal delivery or expedited delivery service, or upon actual receipt if sent by registered or certified U.S. Mail: Agency: Owner: FLORIDA HOUSING FINANCE AGENCY 227 North 6ronough Street. Suite 5000 Tallahassee, Florida 32301-3129 Attn: Susan .1 Leigh Executive Director CENTRAL CITY APARTMENTS, LTD. 1460 Bticitell Avenue, Suite 309 Miami, Florida 33131 Ann: Agustin Dominguez Section 14. $everibillty- If any provision of this Agreement shall be bcld by any coon of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be deemed omitted from this Agreement and the validity. Legality and enforceability of the remaining portions of this Agreement shall remain in full force and effect, but such holding shall not affect the validity, legality or enforceability of such provision under other, dissimilar facts or circumstances. Section 15. Multiple Caunlervart;}. This Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same Instrument and each of which shall be deemed to be an original. Section 16. Binding Eflrect. This Agreement shall be binding upon and inure to the benefit of each of the parties and their successors and assigns, but (his provision shall not be construed to permit assignment by the Owner without the written consent of the Agency. (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 17 hops://onlineservices. miami-dadeclerk. com/offi ci alrecords/pdfj svi ewer/web/viewer.html 12/18/2020 PDF.js viewer Page 18 of 21 C174511312 SIGNATURE PAGE FOR L,XTENDED LOW-INCQ: HOUSING AGREEMENT IN WITNESS WHEREOF, the Agency and the Owner have executed this Agreement as of the dote first written above WITNESSES. Olivia. Ctimlnirighru vtLf11 fr 414- ,45, A. 4sti. STATE OF V COUNTY OF ) FLORIDA HOUSING FINANCE AGENCY, a stale agency and instrumentality and a public body corporate and politic duly existing under the laws of the State of Florida Ca"----- By: Susan I. Leigh Executive Di Secretary (SEAL) The foregoing instrument was executed and acknowledged before me this /{ day of 19 4o by Susan 1.Leigh as Executive Director and Secretary ofthc FL�OUSING FINANCE AGENCY. a state agency and instrumentality and a public body corporate and politic duly existing under the laws of the State of Florida, on behalf of said Agency. She is personally known to me and did not take an oath or affirmation. ��H.'h"�E`uni� lrX4,f-S1 '. gL.� �r)p Notary Public (:1"1111:1)1, Printed Name. 73 6+h A. tired OCC WW1 "I My Commission Expires:-/- 94 4.4000 rnt+n'r 18 vws https ://onl i neservi ces. miami-dadeclerk.com/officialrecords/pdfjsviewer/web/viewer.html 12/18/2020 PDF.js viewer Page 19 of 21 Iff:17435r11113 SIGNATURE PAGE FOR EXIENDELLIMMAKLIMLIMEDSCLAMEMEEE IN WITNESS WHEREOF, the Agency and the Owner have executed this Agreement as ofthe date first written above. WITNESSES: CENTRAL CITT APARTMENTS, LTD. STATE OF PLORIDA ,a PLORIDA limited partnership. By: QMN AFFORDABLE ROUSING PARTNER IV, INC. one or 2 general partners of By , t ice Pr-s Title By:CENL'RAL CITT APARTMENTS CORPORATION , p� of 2 _ general partners of By: V[, v^, Title COUNTY OF bADE The foregoing instrument was executed and acknowledgeQicfore me this 6 th day of November Iq 46 by Russell A. Sibley,Jr, Individuallyasoneof 2 general partners of Central City aparteente, Ltd- a rlor i da limited partnership, on behalf of said partnership. He is personally known to me or produced as identification and did/did not take an oath or affirmation. c wNHEY® ...mum/Mime o rwYM.nw wrr err 1.101.11.4 rawt C. ura+E're wcurteeEtItestN Mitt Jays * 1rr1 f..r n. rrrrrr acre No be P nt N e: My Commission Expires. 19 https://ontineservices. miarni-dadeclerk.com/officialrecords/pdfj sviewer/web/viewer,html 12/18/2020 PDF.js viewer Page 20of21 M:1714 STATE OF Florida COUNTY OF Dade The foregoing instrument wa}s ut and acknowledged before me this /st'!' day of �✓s+ � �w. 19 94 by '/ . £lleoll individually as one of 2 general partners of CRItTRAL CIT! APARTIiENT5. 1]7B- , a Florida . limited partnership, on behalf of said partnership. He ispersonaliv known to gg, or produced as identification and did/did not take an oath orafrrmatlon. (-eV4 Notary Public Printed Name: My Commission Expires: 20 IMy Eep 'W14CC By SIIYR! NI Me CCV7?N https: //onlineservices. mi arm-dadeclerk. com/officialrecords/pdfj sviewer/web/viewer.html 12/18/2020 PDF.js viewer Page 21 of 21 art .1 wItTr.3615 EXHIBIT "A" 1•EGAI, DESCRIPTION Irate 1,2,3,4.5.6,7.8,9, and 10, Bieck 1, Spring Cardan,according to the Plat thereof, recorded in Plat Book 5, Page 3S, of the Public Records of Dade County, Florida. — 2982-001-10439.01 (c.. 3-1 91) 21 AFCIYKEU W O.. 0. "F. tM R Ix,. Of MEE CO...., .110141r1. �cr�+rx.r.rr HM4EY HUNN c4ZR uncun Cower https://onlineservices. miami-dadeclerk. com/officialrecords/pdfj sviewer/web/viewer.html 12/18/2020 PDF j s viewer Page 1 of 4 1),E16293P 1982 lric tr'• • . tr I`:;41' :red 1..o4171 FtRtil Ant1:NOMICNI ro r•.x.rENl)EI LOW-INCOME rrat/SING AOREEMI:NT HIGHLAND PARK ArARrMINTNH14L t}4I This AMENDMENT ig made and entered into this „i_q' day of ,. P , 194E_' between FLORIDA HOUSING FINANCE CORPORATION. a public co oration, the successor in interest to the Florida Housing Finance Agtmcy, (the "Corporation"), and CENrRAI. CITY APARTMENTS. I: fD , a Florida limited partnership (the "Owner") WITNI SS1 TI1 • t t "HE RL• AS,, oxI lovcinbehi- Trt96;that certain Extended Low -Income I consul - Agreentent (the "Agreement") Was executed hclavecn the i an -potation and Owner, airT4— WIITREAS. the Agreement was recorded at Official Records Iitxtk 17435, page 3595 or the public records of Dade County. Florida: and WHEREAS. the Corporation luta rcquemed and Owner has agreed to amend the Agreement as more particularly set forth haretnl Blow, NOW. THEREFORE. for a good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged, Corporatism and Owner agree as follows 1.. The foregoing recitations are true and correct and are henehy incorporated by reference The Agreement is hereby modified to amend Section 2 (eg2) to rend as follows This mammon arcuated lit !Limn 1. Leigh FL11RIthW t att caNli riNANCI: Ct iKPtiIATIow ear North nnxawrh sue. Suite styta TnlWtaSSCC . Fh+e1Js 121fI-112a https://onlineservices.miami-dadeclerk.com/officialrecords/pdfj sviewer/web/viewer.html 12/18/2020 PDF.js viewer Page 2 of 4 15r1t. .16293 t1 WB3 AT f21 Residential Rcraal Units which are ler in quality and typc'+I. construction and which will include the fofktwmg amenities water henici blankets. air conditioning. energy Icaltucs. microwave 'wen. security features..wretie& blinds. and for elderlylhandicanordhlisabled tenants. bathrooms in set -aside units nice' htliedtcaplt•d accessibility Niandnrtls. no internal stairways to set -aside units. and all cet•;t itle tntil! tm first Iltxtr or accessible by elevator. and Except as herein modified. the Agreement shall remain in full force and effect and Silly enforceable in acctudamce with its Icrnts IN WITNESS W NEREOI'. the Corpor and Owner have ctet:uted tins Amendment as attic date first above written WITNESSES. TLURIPA IIt)USING F1NANUfi CORPC)RAT ON. a public car pnraIion. the successor in interest 10 the I Inrida I Inuoinft Finairce Agency Gor r- . Its 7_ t co— r e [ . t tJ.(.: >/ C. Sultan J 1,..eigh D '—' --Ti�edaivelSiiec un.n fu ' 4ht - 1-k rr-r1 and Secretary STATE OF FLORIDA COUNTV OF LEON The foregoing inst rumen! was csecuIed and acknnwlvdgcd before rut; this 4.541 day of cps . Iq 9$ by Susan J Leigh as Executive Director. Chief L•xccutive bt}iccr and Secretary of 1 LORIDA HOUSING FINANCE .CORPORATION. a public corporation. the successor in interest to the Florida Noosing Finance Agency. on behalf of said Corporation She is personally known to me and did not take an oath or affirmation Notary Public PrintedNamc Tw,:rk, 144iVo My Commission Expires a rr !or https: //onl ineservices. miami-dadeclerk. com/officialrecords/pdfj sviewer/web/viewer. html 12/18/2020 PDP.js viewer Page 3 of 4 S E WITNESSES ;, i LA Sit rig G STATE OF Ct c.ia+as"►- rr:18293rtf984 %1, •' limited partnership a BY6malArFal bLE_ itioigAtra.Mgigek 1E24c_. one ut $eneral partners of f - .�...---Y..L-•-._ - - - — r f .r, Prcidetts COUNTY OE r?j i - JO+ .._.. The / rla going instrument WAS executed and acknowledged before me this day of of 6/Y7d) ._atfol �o t4 i �vrs.,gbig . . a -r'14 r2Cg.- • htnil�ll partnership, on ehalf of ;aid partnership f�j uS hc{ fi?D!►aim _ 1a persar1ll r�known to me or has produced ' as idenlijicplrcxr and dfdltli not Iaken,� nnna1s,1('.+f7irmneuyL. Nora Public Printed Name My Commission Ex 0 00CN tWW : ii REO. Ra p :M' 0a1111WraN. CCMOM 014 C1....1 Wry &Peat .wr>r.r..rr Po. *., Silt! 2no r- https://onlineservices.miami-dadeclerk. com/offici al records/pdfj sviewer/web/vi ewer. html 12/18/2020 PDF.j s viewer Page 4 of 4 nrr. 182Y1C 1 985 AFC. E.XH1BIT "A" LEGAL D _SC IEIION Lot® 1,2,3.4,5,6,7,0.0, and 10, block 1, Spring Cacden.accordlag to the Plat'thereof, recorded in Plat Book 5, Page 38, of the Public Records of Dade County. Florida. +11001.04, n�atene�.weew ow, caner, 4, own meal, WIMP MARVEY RUV1A 011iA nMlUrr'm 'muff, 2982-001-10439.01 (rev. 3-1-91) https://onlineservices.miami-dadeclerk.com/officialrecords/pdfi sviewer/web/viewer.html 12/18/2020 PDF.js viewer Page 1 of 4 111111111111111111111111111111111111111111111 GFI"t 2004R015021,9 OR ea 22094 Pas 4006 - 4009; (441sa) RECORDED 03/05/2004 OR:23;24 HARVEY RINEH. CLERK OF COURT MIAIII-01tDE COUNTY, FLORIDA SECOND AMENDMENT TO EXTENDED LOW-INCOME ROUSING AGREEMENT Highland Park Apanments/94L-041 This AMENDMENT is made and entered into between FLORIDA HOUSING FINANCE CORPORATION. a public corporation. the successor in interest to the Florida Housing Finance Agency, (the "Corporation"), and CENTRAL CITY APARTMENTS, LTD., a Florida limited partnership (the "Owner"). WI NESSETII: WHEREAS. on November 6,1996, that certain Extended Low -Income Housing Agreement (the "Agreement") was executed between the Corporation and Owner-. and WHEREAS, the Agreement was recorded in Official Records Book 17435, page 3595 of the public records of Dade County, Florida; and WHEREAS, the Corporation has requested and Ownet has agreed to amend the .Agreement as more particularly set forth herein below. NOW, THEREFORE, for a good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Corporation and Owner agree as follows: 1. The foregoing recitations are true and correct and are hereby incorporated by reference 2. The Agreement is hereby modified to amend Section 2 (f) to read as follows: T!/IS INSTRUMENT PREPARED BY: Jennifer Chester FLORIDA HOUSING FINANCE CORPORA LION 227 North Bronough Street, Suite 54)0D Tallahassee, Florida 32301-1329 RECORD J RETURN TO: wellir,gron MCITen FLORIDA HOUSING FINANCE CORPORATION 227 North tironough Street. Suite 5000 Tallahassssec, Florida 32301-1329 Book22094/Page4006 Page 1 of 4 https://onlineservices. miami-dadeclerk. com/officialrecords/pdfj sviewer/weblviewer. html 12/18/2020 PDF.js viewer Page 2 of 4 (f) That, during the Extended Use Period. the Owner shall provide the following tenant programs: day care, counseling, educational courses. job training and tenant activities. Additionally, the Owner will offer financial incentives to qualified tenants wishing to move into home ownership as follows: the financial incentive must be applicable to the home selected by the tenant and may not be restricted to or enhanced by the purchase of homes in which the Owner, Developer, or other related party has an interest; the financial incentive must not be less than 5% of the rent for the tenant's unit during the tenant's entire occupancy; the benefit must be in the form of a gift or grant and may not be a loan of any nature; the benefits of the incentive must accrue from the beginning of occupancy; the vesting period can be no longer than 2 years of continuous residency; and no fee, deposit or any other such charge can be levied against the tenant as a condition of participation in this incentive; and 3. Except as herein modified, the Agreement shall remain in full force and effect and fully enforceable in accordance with its terms. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Book22094JPage4007 Page 2 of 4 https://onlineservices.miami-dadeclerk. comlofficialrecords/pdfj svi ewer/web/viewer.html 12/18/2020 PDF.js viewer Page 3 of 4 IN WITNESS WI IEREOF, the Corporation and Owner have executed this Amendment as of the date of execution by the Corporation. WITNESSES: td-zi/4 STATE OF rtpir . A 11 -- COUNTY OF [Yt,awi,Da+p Cet. k co.\ CAItpartrnt4/L LTD a limit�ed p�artnership.� 1 By: 'CAN) M itt\ayjRQtksl `�fSt�+er1 w one of general partners of C 'Ay/re l' :{Y Ap:Tirte.s.A.5 Litt By President Title"1r The foregoing instrument was acknowledged before me this Q day of r _. y (�q� , to IM r ume . as C Prj k .i fo SMIURsotticiln�e�lflt�sL �� ar I S4e Geaf ii CA_ nsAi,a_1 C:-kl ekr{�1LTD. (at+x 1,4,, klnryA,4 Apes-r'4nteAJ 5) ri r Notary Publlc Printed Name: Mo. n%e4 A. Co5ertJ My Commission Expires: `j — T - 9,_o o 5 Personally known"( OR Produced Identification Type of Identification Produced 3 A. II >2s Mit ttr.3 Alma bang 4, raa. Book220941Page4008 Page 3 of 4 https://onli neservices. miami-dadeclerk. com/offici alrecords/pdfj sviewer/web/viewer. html 12/18/2020 PDF.js viewer Page4of4 WITNESSES: Cam's' StSrevarer.A4% STATE OF FLORIDA COUNTY OF LEON OR BK 22094 PG 4009 LAST PAGE FLORIDA HOUSING FINANCE CORPORATION, a public corporation. the successor in interest to the Florida Housing Finance Agency By: Steve Auger Deputy Development Officer The foregoing instrument was executed and acknowledged before me this t a* ' day of ce..oR`` 2004 by Steve Auger as Deputy Development Officer of FLORIDA HOUSING FINANCE CORPORATION, s public corporation, the successor in interest to the Florida Housing Finance Agency, an behalf of said Corporation. FIe is personally known to me. loan SaknonMn incor sn. aeinHO nuAts kleignry 15, taar Notar6lublic Printed Name: My Commission Expires. 4 Book22094/Page4009 Page 4 of 4 https://onlineservices. miami-dadeelerk. com/off cialrecords/pdfjsvi ewer/web/viewer. html 12/18/2020 PDF.j s viewer Page 1 of 4 11111111111111111111111111111111011111111 CFI 2OO8RO62137O OR ek 26501 Pas 1817 - 18201 (bras/ RECORDED 07/30/2008 09/07249 HARVEY RUVIH* CLERK OF COURT RIARt-DADS COUNTY, FLORIDA THIRD AMENDMENT TO EXTENDED LOW-INCOME HOUSING AGREEMENT HIGHLAND PARK / 94L-041 This AMENDMENT is made and entered into between FLORIDA HOUSING FINANCE CORPORATION, a public corporation, the successor in interest to the Florida Housing Finance Agency. (the "Corporation"), and CENTRAL CITY APARTMENTS, LTD., a Florida limited partnership (the "Owner"). WITNESSETH: WHEREAS, November 6, 1996, that certain Extended Low-income Housing Agreement (the "Agreement") was executed between the Corporation and -Owner. and WHEREAS. the Agreement was recorded in Official Records Hook 17435, page 3595 of the public records of Miami -Dade County, Florida; and WHEREAS. the Corporation has requested and Owner has agreed to amend the Agreement as more particularly set forth herein below. NOW, THEREFORE, for a good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Corporation and Owner agree as follows: The foregoing recitations are true and correct and are hereby incorporated by reference, THIS INSTRUMENT PREPARED BY: Jade Oliver FLORIDA HOUSING FINANCE CORPORATION 227 North Bronough Sheet. Suite 5000 Tallahassee. Florida 32301.1329 RECORD & RETURN 10. Amy Gannon FLORIDA FIOUSING FINANCE CORPORATION 227 North Bronough Street, Suite 5000 Tallahassee, Florida 32301-1329 Book26501/Page1817 CFN#20080621370 Page 1 of 4 https :llonl i nesery ices. mi arrl i-dadecl erk. core/offi ci al record s/pdfj svi ewer/web/viewer . html 12/18/2020 PDF.js viewer Page 2 of 4 2. The Agreement is hereby modified to amend Section 2 (f) to read as follows: OD That, during the Extended Use Period. the Owner shall provide the following tenant programs: day care and educational courses/tutorial initiative. Additionally. the owner will offer Financial incentives to qualified tenants wishing to move into home ownership as follows: the financial incentive must be applicable to the home selected by the tenant and may not be restricted to or enhanced by the purchase of homes in which the Owner, Developer, or other related party has an interest; the financial incentive must not be less than 5% of the rent for the tenant's unit during the teruuu's entire occupancy, the bcncfit must be in the form of a gift or grant and may not be a loan of any nature; the benefits of the incentive must accrue from the beginning of occupancy; the vesting period can be no longer than 2 years of continuous residency; and no fee, deposit or any other such charge can be levied against the tenant as a condition of participation in this incentive: and 3. Except as herein modified, the Agreement shall remain in full force and effect and fully enforceable in accordance with its terms, 4. IN WITNESS WHEREOF, the Corporation and Owner have executed this Amendment as of the date first above written. (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) Book265011Page1818 CFN#20080621370 Page 2 of 4 https;//onlineservices.mi ami-dadeclerk.core/offici al records/pdfjsviewer/web/viewer.html 12/18/2020 PDF.j s viewer Page 3 of 4 SIGNATURE PAGE FOR OWNER EXTENDED LOW-INCOME HOUSING AGREEMENT M94L-041 IN WITNESS WHEREOF, the Corporation and the Owner have executed this Agreement as of the date of execution by the Corporation. WITNESSES: a 11 . ip. one of _ g C4 STATE OF 1 -04-lJl4 COUNTY OF y,Ah�-�A�� eral partners of The forgoing instrument was acknowledged before me this I day of 7U4y by -Rim/Loot Lii . rtr) FAA as O4,E,4M.h r/G.CJ for UL14thaiSING, heAGEMrm CalV akia Nory Public Printed Name: My Commission Expires: Personally known OR Produced Identification t� Type of Identification Produced RAIL M 7".r.".""...""agarYti COMM00aaOtra &Oros 7/21,2011 ram No./ Am, Imo MOM Book26501/Page1819 CFN#20080621370 Page 3 of 4 https ://onli neservices. mi ami-dadecl erk. com/official records/pdfj sviewer/web/viewer. html 12/18/2020 PDF.js viewer Page 4 of 4 OR BK 24301 PG 1820 LAST PAGE SIGNATURE PAGE FOR FLORIDA HOUSING FINANCE CORPORATION EXTENDED LOW-INCOME HOUSING AGREEMENT #941-041 IN WITNESS WHEREOF, the Corporation and the Owner have executed this Agreement as of the date of execution by the Corporation. WITNESSES: STATE. OF FLORIDA COUNTY OF LEON FLORIDA HOUSING FINANCE CORPORATION, a public corporation By: er Blindetman Deputy Development Officer (SEAL) The foregoing instrument was acknowledged before me this day of 2008 by Deborah Dozier Rlinderrnan as Deputy Development Officer of the FL RI HOUSING FINANCE CORPORATION, a public corporation. the successor in interest to the Florida Housing Finance Agency, on behalf of said Corporation. She is personally known to me. No blic. State of Florida 4 Book26501/Page1820 CFN#20080621370 Page 4 of 4 https://onli neservices. mi ami-dadecl erk. com/offs ci alrecords/pdfj sviewer/web/viewer. html 12/18/2020 Registered Lobbyists and Active Issues Graiia, Maria A. Address: 150 W. Flagler Street Suite 2200 City : Miami State : FL Zip : 33130 Organization Stearns Weaver Miller Telephone 3057893525 Fax:3057892627 Email: mgralia@stearnsweaver.com Principal Name Art House Academy & Abbey Road Institue Miami PFSG 1510 MOM,LLC Flagstone Island Gardens, LLC Highland Park 1020 Issue Description Annual Lobbyist Registration Fee Warrant to permit special training and vocational use an the property Code Enforcement Hearing Any and all matters related to the Retail/Parking Component Amended and Restated Ground Lease dated as of August 31,2016, the Amended and Restated Agreement to Enter into Ground Lease dated as of February 1,2010, and any related agreement between the City and Flagstone Rezoning and Repiating of Property- Vacat 07/20/2020 Right Of Way C/O Jean-Pierre Brunois The Cushman School, Inc. Entitlement for new high school facility 06/26/2017 Registration Amount Payment Comments Date 07/20/2020 $525 00 284019 08/20/2019 $105.00 278173 07/10/2017 $105.00 264094 05/26/2017 $105.00 263327 $105.00 284019 $105.00 263725 Page 1Q1 of 418 Panted On 121212020 4-51'06 PM City of Miami OFFICIAL RECrT Sales TTotal $ Received i, Address For This Receipt not VALID unless dated, fitted in and signed by authorized em- ployee of department or division des- ignated hereon and until the Ctty has collected the proceeds of any checks tenderea as payment herein. C FNrTM 402 Rev. 03/03 CHECK DATE 01/27/21 C(TIC3ANK, N.A. MIAMI, FLORIDA iddi /'/ Miff _ in (i rPAS Departme Division: No, 504514 Dollar Distribution: White - Customer, Canary - Finance; Pink- Isauing Deportment 1}I£ EACF ©F7 IS U 1 11MEN7 W: 0 .+' E0 BAC G • 0111417 0N. wine PAPE STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. ATTORNEYS AT LAW 150 Wait Realer Siren Saito 2200 Miami, Florida 33130 *** FIVE HUNDRED TWENTY-FIVE AND 00/100 Dollar PAY TO THE ORDER OF City of Miami Clerk .Y: CHECK NO.: 286833 Not valid after 90 days CHECK AMOUNT 525.00 11' 28Z383311't:2660E1EiS 4t:32002?723811' AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared MARIA A. GRALIA, ESQ. who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the Cty of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/herfuil and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, lilinctuding or ❑not including responses to day-to-day City staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. 5. That a refund. if any, by the City is to be issued to the following person at the address HIGHLAND PARK 1020, LLC STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. 150 WEST FLAGER STREET, SUITE 2200 MIAMI, FLORIDA 33130 Further Affiant sayeth not. MARIA A. GRALIA, ESQ. Q9a a Applicant(s) Name Printed Appli an (s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of ,JULY 20 20 by MARIA A. QR&LIA.E_SQ. who is a(n) individual/partner/agent/corporation of HIGHLAND PARK 1020, LLC_ a(n) individual/partnership/Corporation. He/She is Llpersonally known to me or who has _ produced as identification and who Odd Ddid iot, take an oath. (Stamp) I. I 44,0fl Rev. 10-18 LINDACHRISTIAN MY COMMISSION 1 GG 279264 EXPIRES: Hera 24, 2023 woo Thm Notary P,O11c underwsN.n ••• Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and liens attached to the subject property, or properties, as of the current date and time the following report was created. Closed violations and future violations are not included. A violation may become a lien when the property owner does not timely remedy the violation. This report may include two types of liens: Certified liens and non -certified liens. Certified liens have a set amount to be paid. Conversely, most non -certified liens continue to accrue interest or a per diem fine; therefore, those liens must be satisfied with the City as quickly as possible. All outstanding violations and liens must be satisfactorily resolved before the City can issue a Certificate of Use (CU); however, the City inspects all properties prior to the issuance of a CU and those inspections may yield additional items, which must be addressed by the owner at the property prior to issuance of a CU. This search does not include encumbrances, other liens, restrictions or the like, recorded in the Public Records of Miami -Dade County, Florida. Please contact Miami -Dade County for the aforementioned items. Code Violation/Lien Inquiry Letter Page 1 of 5 Linda Christian 3024 SW 25 Street Miami FL 33133 City of Miami Property Search Notice 03/11/2021 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 03/11/2021. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3135-027-0010 Property Address: 1020 NW 7 AV Legal Description: 35 53 41 2 54 41 SPRING GARDEN PB 5-38 LOTS 1 TO 10 INC BLK 1 LOT SIZE 55040 SQFT OR 16890-4658 1295 5 Amount Payable On: 03/10/2021 to 04/10/2021 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 City of Miami Linda Christian 3024 SW 25 Street Miami FL 33133 03/11/2021 Folio Number: 01-3135-027-0010 Property Address: 1020 NW 7 AV Legal Description: 35 53 41 2 54 41 SPRING GARDEN PB 5-38 LOTS 1 TO 10 INC BLK 1 LOT SIZE 55040 SQFT OR 16890-4658 1295 5 Property Search Findings - Pending Liens Lien No. (Case Number) Description Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 City of Miami Linda Christian 3024 SW 25 Street Miami FL 33133 03/11/2021 Folio Number: 01-3135-027-0010 Property Address: 1020 NW 7 AV Legal Description: 35 53 41 2 54 41 SPRING GARDEN PB 5-38 LOTS 1 TO 10 INC BLK 1 LOT SIZE 55040 SQFT OR 16890-4658 1295 5 Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 Violations Detail Report Folio Number: 01-3135-027-0010 NO OPEN VIOLATIONS FOUND. Page 5 of 5 03/02/2021 3:49:52 PM Web user Transactions If you have a Customer Number, please click here $292.50 2021061001-289-1 Customer #: 146446 Last Name: GOULDA First Name: ALEX AR Payment Invoice #: 807313 Balance Due: 292.50 Total Amount:$292.50 Payment Visa Credit Sale Card Number: ***********5533 First Name: JEAN PIERRE Last Name: BRUNOIS $292.50 $292.50 3 1. PZD-0 2. PZD-2 3. PAP 4. PZD-3 5. PZD-4 6. V-1 7. V-2 8. PHO-1 9. PHO-1 10. PZD-5 11. PZD-6 12. PZD-8 13. PZD-10a 14. PZD-lob 15. PZD-HBZ 16. PZD-HB3 17. PZD-HB3a 18. PZD-HB4 19. PZD-HB5 20, PZD-HB6 21. PZD-HB8 22. PZD-HB9 23. PZD-H B10 24. PZD-HB11 25. PZD-HB12a 26. PZD-H B12 b 27. PZD-H B13 28. PZD-HB14 29. PZD-HB15 #8624119 v4 EPIan Index Index Pre -Application Meeting Form Signed Rezone Application Signed Letter of Intent Application Analysis (3 pgs) Survey — Pg. 1 Survey — Pg. 2 Context Photo Context Photo Current Zoning Map Proposed Zoning Map Legal Description and Sketch of Survey (3 pgs) Extended Low income Agreement First Amendment to Low Income Agreement Acknowledgement by Applicant Lobbyist Registration 2021 Annual Lobbyist Registration Affidavit of Authority to Act Disclosure of Agreement to Support or Withhold Disclosure of Ownership Certificate of Status Signed, attestation Map of Property Owners within 500' radius Property Owners List in Excel Mailing List Mailing List Code and Lien Search (Revised) Rezoning Application Fee Payment of Burglar Alarm Fee Lit of �tiiXYit ARTHUR NORIEGA, V City Manager February 23, 2021 Maria A. Gralia, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 West Flagler Street, Suite 2200 Miami, FL 33130 RE: Rezoning (PZ-20-7751)— Rezoning -1020 NW 7 AV (180 DAYS NOTICE) Dear Ms. Maria A. Gralia, Esq: Project PZ-20-7751 (the "Project") will be closed in ePlan on August 2, 2021 due to missing documentation and full payment of public hearing fees to the City of Miami (the "City"). The application for public hearing is incomplete and shall not be scheduled for a hearing before the Planning, Zoning and Appeals Board and/or the City Commission. Important Dates Date of OAS Submittal July 20, 2020 Date of Referral to Hearing Boards (Batch Stamp) February 3, 2021 Date of Request for Hearing Documents and/or Payment February 2, 2021 Last Date to Submit Hearing Documents and/or Payment June 21, 2021 180 Day Involuntary Withdrawal (Pursuant to Miami 21, as amended) August 2, 2021 If this application is involuntarily withdrawn and you wish to pursue a Rezoning at this location, you will be required to initiate a new project in ePlan. Further, you will be subject to any applicable wait periods as prescribed in the Code of the City of Miami, Florida, as amended, and the Miami 21 Zoning Code. If the Planning Department may be of further assistance to you, please do not hesitate to contact me directly at CGarciaPons@miamigov.com. Regards, Kemarr L. Digitally signed by Kemarr Brown, LLM. L. Brown, LLM. MA.IA Date: 2021.03.02 20:02:02 MA.IA -05 00 Cesar M. Garcia -Pons, AICP, LEED AP Director CC: Maria A. Gralia, email and ePlan CGP/KB/OZ/el PLANNING DEPARTMENT 444 S.W. 2nd Avenue, 3rd Floor / Miami, Florida 33130 / Phone: (305) 416-1400 Fax (305) 416-2156 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 Kt: PROPERTY OWNERSHIP LIST 500'FT OF: 1020 NW 7 AVENUE MIAMI, FL 33136 Folio: 01-3135-027-0010 (STREET ADDRESS) LOTS 1 TO 10 INCLUSIVE BLOCK 1 SPRING GARDEN SUBDIVISION PLAT BOOK 5-38 (LEGAL DESCRIPTION) DADE COUNTY FLORIDA. T THE ATTACHED OWNERSHIP LIST, MAP AND MAILING LABELS ARE A COMPLETE AND ACCURATE ION OF THE REAL ESTATE PROPERTY AND PROPERTY OWNERS WITHIN A 500' FEET RADIUS OF THE >ERTY LISTED ABOVE. THIS INFORMATION REFLECTS THE MOST CURRENT RECORDS ON FILE IN THE COUNTY TAX ASSESSOR'S OFFICE. I ALSO UNDERSTAND THAT A NEW LIST WILL BE REQUESTED BY THE 11 HEARING BOARDS IF IT IS DETERMINED THE PROPERTY OWNER INFORMATION LIST INITIALLY OLDER THAN SIX (6) MONTHS. NTANA earcher nal Mgmt. & Human Resources (INV-4852) (MIA-3095) (L-2546) (L-25460 (MAP) (EXCEL LIST) (TX-2/10/21) (5) 7tiAlrEekr 19RprP,A77 t 5e)01 Pr M';a7 NW 712-i 4V5 L-2546 1 CULMER PARK SUB NO 1 PB 98-12 TRACT C (L-2546) (100 LABELS) (TX-2/09/21) (500'FT) TRACT C LESS BEG 50FT S OF NE COR AT 10TH ST W 104.5FT S 85FT E 104.5FT N 85FT TO POB 800 NW 5 AVE 01-0101-010-2030 CULMER VILLAS PB 106-50 BLOCK 1 LOT 1 & PROP INT IN & TO COMMON ELEMENTS 652 NW 11 ST 01-3137-020-0010 LOT 2 & PROP INT IN & TO COMMON ELEMENTS 650 NW 11 ST 01-3137-020-0020 LOT 3 & PROP INT IN & TO COMMON ELEMENTS 648 NW 11 ST 01-3137-020-0030 LOT 4 & PROP INT IN & TO COMMON ELEMENTS 646 NW 11 ST 01-3137-020-0040 LOT 5 & PROP INT IN & TO COMMON ELEMENTS 644 NW 11 ST 01-3137-020-0050 LOT 6 & PROP INT IN & TO COMMON ELEMENTS 642 NW 11 ST 01-3137-020-0060 LOT 7 & PROP INT IN & TO COMMON ELEMENTS 640 NW 11 ST 01-3137-020-0070 LOT 8 & PROP INT IN & TO COMMON ELEMENTS 638 NW 11 ST 01-3137-020-0080 LOT 9 & PROP INT IN & TO COMMON ELEMENTS 630 NW 11 ST 01-3137-020-0090 MIAMI-DADE COUNTY MIAMI DADE HOUSING AGENCY 701 NW 1 CT 16TH FLOOR MIAMI, FL 33136 BEATRIZ MASON 652 NW 11 ST MIAMI, FL 33136-2405 GLM ASSETS LLC 16790 SW 86 CT MIAMI, FL 33157 OLGA L RIVERA LE REM LYDIA ESTHER FELICIANO REM JACKLYN FELICIANO 648 NW 11 ST MIAMI, FL 33136 JOSE H GARCIA &W SARA I 646 NW 11 ST MIAMI, FL 33136-2405 WILBERTO ROCHA 644 NW 11 ST MIAMI, FL 33136-2404 BEKER ANTONIO TURCIOS MENDEZ 642 NW 11 ST MIAMI, FL 33136 ACQUISITIONS GROUP LLC 1342 NW 84 AVE DORAL, FL 33126 BARBARA LINDA AVHAD 638 NW 11 ST MIAMI, FL 33136-2404 SION S DE SABAOTH PO BOX 351633 MIAMI, FL 33135 L-2546 2 CULMER VILLAS PB 106-50 BLOCK 1 LOT 10 & PROP INT IN & TO COMMON ELEMENTS 632 NW 11 ST 01-3137-020-0100 LOT 11 & PROP INT IN & TO COMMON ELEMENTS 634 NW 11 ST 01-3137-020-0110 LOT 12 & PROP INT IN & TO COMMON ELEMENTS 636 NW 11 ST 01-3137-020-0120 LOT 13 & PROP INT IN & TO COMMON ELEMENTS 628 NW 11 ST 01-3137-020-0130 LOT 14 & PROP INT IN & TO COMMON ELEMENTS 626 NW 11 ST 01-3137-020-0140 LOT 15 & PROP INT IN & TO COMMON ELEMENTS 624 NW 11 ST 01-3137-020-0150 LOT 16 & PROP INT IN & TO COMMON ELEMENTS 622 NW 11 ST 01-3137-020-0160 LOT 69 & PROP INT IN & TO COMMON ELEMENTS 619 NW 10 ST 01-3137-020-0690 LOT 70 & PROP INT IN & TO COMMON ELEMENTS 621 NW 10 ST 01-3137-020-0700 LOT 71 & PROP INT IN & TO COMMON ELEMENTS 623 NW 10 ST 01-3137-020-0710 WILLIAM LEONARDO RODRIGUEZ 632 NW 11 ST MIAMI, FL 33136 FRANCISCO RODRIGUEZ MELO LOURDES CASTELLANOS 605 W FLAGLER ST MIAMI, FL 33130 IVONNE FABREGA PO BOX 025207 MIAMI, FL 33102 MST CORPORATION TRS MST 8189 LAND TRUST 1741 NW 20 ST MIAMI, FL 33142 JO ANN ALBERT 626 NW 11 ST MIAMI, FL 33136 XMERIDIAN MANAGEMENT INC 411 WALNUT ST #5693 GREEN COVE SPRING, FL 32043 ZMERIDIAN INC 411 WALNUT ST # 5693 GREEN COVE SPRINGS, FL 32043 SANTIAGO HEGUY 625 NW 10 ST MIAMI, FL 33136-3260 HATTIE L BAKER 14751 SO BISCAYNE RIVER DR MIAMI, FL 33168-4914 JEANETTE GREEN & SANTIAGO HEGUY 623 NW 10 ST MIAMI, 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SHARON L WEISFENNING FAM TR SHARON L WEISFENNING TRS 229 NW 44TH ST MIAMI, FL 33127 JUSTO ALEX ARZU &W GUADALUPE 751 NW 10 ST MIAMI, FL 33136-3126 LUCAS CRUZ 1180 NW 11 STREET RD MIAMI, FL 33136 GEORGIA M MILLER & MABLE J MILLER 731 NW 10 ST MIAMI, FL 33136-3126 (L-2546L) (86 LABELS) (100 NAMES) 1020 NE 7TH AVE 3 JORGE ARMADA GLORIA ARMADA 8780 SW 86 ST MIAMI, FL 33173 JORGE L ARMADA GLORIA A ARMADA 4011 W FLAGLER ST 206 MIAMI, FL 33134 921 NW 8TH STREET ROAD LLC 921 NW 8 STREET RD MIAMI, FL 33136 LEYENDA LLC 7074 NW 50 ST MIAMI, FL 33166 CORONA PROP OF FLA LLC 1320 S DIXIE HIGHWAY PENTHOUSE CORAL GABLES, FL 33146-2926 CROWN GENERAL STORE INC 1320 S DIXIE HWY PH 1275 CORAL GABLES, FL 33146-2940 SEVEN AVENUE LLC 1800 NORTH MIAMI AVE MIAMI, FL 33136 CAFETERIA LA ESPANOLA INC PO BOX 450954 MIAMI, FL 33245 SEVEN AVE NW LLC 1800 N MIAMI AVE MIAMI, FL 33136 722 NW 10 ST LLC 1800 N MIAMI AVE MIAMI, FL 33166 JULIE LANDIN 12250 SW 31 ST MIAMI, FL 33175-2233 JORGE ARMADA GLORIA ARMADA 8780 SW 86 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1145 NW 8 AVE MIAMI FL 33136-2337 USA BRENDA M LEE 1147 NW 8 AVE MIAMI FL 33136-2337 USA CORAL JBVL 1159 LLC 1430 S DIXIE HWY GABLES FL 33146 USA ROXIE A KING 1163 NW 8 AVE MIAMI FL 33136-2337 USA UBC MIAMI LLC C/O URBAN BUILDERS COLLABORATIVE 336 EAST 110 STREET NEW YORK NY 10029 USA PRIORITY HOLDINGS LLC 5794 BIRD RD 210 MIAMI FL 33155 USA RENA L FRYE 768 NW 11 ST MIAMI FL 33136-3128 USA ELLEN MAE SIBBLIES 776 NW 11 ST MIAMI FL 33136-3128 USA WINSTON A BERVIS &W MARIA E 777 NW 10 ST MIAMI FL 33136-3126 USA COUNTRY FOLIO LEGAL DESCRIPTION 01-3135-019-1748 LOTS 38 & 39 HIGHLAND PARK, PB 2-13, BLOCK 11 E50FT OF W75FTOFLOTS 1234&5&ESOFTOFLOTS 123 01-3135-019-1780 4 & 5 01-3135-019-1790 LOTS 6 THRU 10 LESS R/W LESS BEG NE COR OF LOT 6 TH 596.60FT SLY-SWLY-WLY AD 36.07FT S 80 DEG 5.04FT ELY-NELY-NLY AD 36.07FT N97.24FT N 87 DEG E 5FT TO POB FOR R/W & W25FT OF LOTS 1 THRU 5 & E25FT OF LOTS 38 THRU 42 LESS NSFT OF LOTS 1 & 42 FOR R/W 01-3135-019-1920 LOTS 32-33-34 LESS R/W 01-3135-019-1930 LOT 35 & S1/2 LOT 36 01-3135-019-1940 N1/2 LOT 36 & LOT 37 LESS WSFT FOR R/W 01-3135-019-1950 W100FT OF LOTS 38 & 39 01-3135-019-1990 BLOCK 12 LOTS 8-9-10 LESS W10FT SPRING GARDEN PB 5-38, BLOCK 2 LOT 1 LESS N10FT & ESFT & EXT AREA OF CURVE IN NE COR 01-3135-027-0020 FOR R/W 01-3135-027-0050 LOT 4 01-3135-027-0060 LOT 5 01-3135-027-0095 LOT 14 NAME ADDRESS CITY STATE ZIP COUNTRY FOLIO LEGAL DESCRIPTION THE SHARON L WEISFENNING FAM TR SHARON L WEISFENNING TRS 229 NW 44TH ST MIAMI FL 33127 USA 01-3135-027-0100 LOT 15 JUSTO ALEX ARZU &W GUADALUPE 751 NW 10 ST MIAMI FL 33136-3126 USA 01-3135-027-0110 LOT 16 1180 NW 11 LUCAS CRUZ STREET RD MIAMI FL 33136 USA 01-3135-027-0111 LOT 17 GEORGIA M MILLER & MABLE J MILLER 731 NW 10 ST MIAMI FL 33136-3126 USA 01-3135-027-0112 LOT 18 JORGE ARMADA GLORIA ARMADA 8780 SW 86 ST MIAMI FL 33173 USA 01-3135-027-0120 SPRING GARDEN, PB 5-38, BLOCK 3 LOT 1 JORGE L ARMADA 4011 W FLAGLER GLORIA A ARMADA ST 206 MIAMI FL 33134 USA 01-3135-027-0130 LOT 2 LESS NELYSFT FOR R/W 921 NW 8TH STREET 921 NW 8 STREET ROAD LLC RD MIAMI FL 33136 USA 01-3135-027-0140 LOT 3 LEYENDA LLC 7074 NW 50 ST MIAMI FL 33166 USA 01-3135-027-0150 LOT 4 1320 S DIXIE CORONA PROP OF FLA HIGHWAY CORAL LLC PENTHOUSE GABLES FL 33146-2926 USA 01-3135-027-0100 LOT 5 CROWN GENERAL STORE 1320 S DIXIE HWY CORAL INC PH 1275 GABLES FL 33146-2940 USA 01-3135-027-0170 LOT 6 1800 NORTH MIAMI SEVEN AVENUE LLC AVE MIAMI FL 33136 USA 01-3135-027-0180 SPRING GARDEN, PB 5-38, BLOCK 4 LOT 1 CAFETERIA LA ESPANOLA INC PO BOX 450954 MIAMI FL 33245 USA 01-3135-027-0210 LOT 5 SEVEN AVE NW LLC 1800 N MIAMI AVE MIAMI FL 33136 USA 01-3135-027-0230 LOT 6 LESS W29FT & LESS E10FT THEREOF NAME ADDRESS CITY STATE ZIP COUNTRY FOLIO LEGAL DESCRIPTION 722 NW 10 ST LLC 1800 N MIAMI AVE MIAMI FL 33166 USA 01-3135-027-0240 LOT 7 LESS E8FT JULIE LANDIN 12250 SW 31 ST MIAMI FL 33175-2233 USA 01-3135-027-0250 LOT 8 JORGE ARMADA GLORIA ARMADA 8780 SW 86 ST MIAMI FL 33173 USA 01-3135-027-0251 LOT 9 JORGE L ARMADA &W 4011 W FLAGLER GLORIA ST 501 MIAMI FL 33134-1643 USA 01-3135-027-0252 LOT 10 UDG II LLC SPRING GARDEN , PB 5-38, BLOCK 5 LOTS 1 2100 SW 4 AVE MIAMI FL 33129 USA 01-3135-027-0300 THRU 5 LESS PORT LYG IN R/W STABEL ENTERPRISES 922 NW 8 STREET LLC RD MIAMI FL 33136 USA 01-3135-027-0950 SPRING GARDEN, PB 5-38, BLOCK 11, LOTS 5 & 6 LUIS DELACERDA 962 NW 8 ST RD MIAMI FL 33136 USA 01-3135-027-0970 LOT 7 5007 ROCKMERE JAMES R C DICKEY CT BETHESDA MD 20816 USA 01-3135-027-0980 LOT 8 RIVER RENTALS MIAMI HOLDINGS SERIES 7 870 NW 11 ST MIAMI FL 33136 USA 01-3135-027-0990 LOT 9 ABEL GAINZA 922 NW 8 ST RD MIAMI FL 33136 USA 01-3135-027-1030 LOTS 12 & 13 918 NW 8TH ST ROAD LLC 1800 N MIAMI AVE MIAMI FL 33136 USA 01-3135-027-1040 LOT 14 RIVERS EDGE MARINE INC 5007 ROCKMERE ATTN JEAN DICKEY CT BETHESDA MD 20816 USA 01-3135-027-1050 LOT 15 LOT 16 LESS BEG AT NE COR NWLY5.49FT RIVERS EDGE MARLINE 5007 ROCKMERE SWLY127.5FT SELY ALG CANAL 18.01FT INC CT BETHESDA MD 20816 USA 01-3135-027-1051 NELY125FT TO POB HIGHLAND PARK 1020 LLC 1717 N BAYSHORE SPRING GARDEN, PB 5-38, BLOCK 1 LOTS 1 TO 10 DR#3847 MIAMI FL 33132 USA 01-3135-027-0010 INC NAME ADDRESS CITY STATE ZIP COUNTRY FOLIO LEGAL DESCRIPTION SPRING GARDEN, PB 5-38, BLOCK 2 LOTS 6 THRU SEYBOLD POINTE 13 LESSNIOFT OF LOTS 6 THRU 10 & LESS EXT CONDOMINIUM AREA OF CURVE IN NW CORNER FOR R/W DESC ASSOCIATION 816 NW 11 ST MIAMI FL 33136 USA 01-3135-086-0001 IN OR 22695-3183 SPRING GARDEN, PB 5-38, BLOCK 2 LOTS 6 THRU 13 LESSNIOFT OF LOTS 6 THRU 10 & LESS EXT JIM NOBLES MANAGEMENT, 251 WINDWARD AREA OF CURVE IN NW CORNER FOR R/W DESC INC. PASSAGE SUITE F CLEARWATER FL 33767 01-3135-086-0001 IN OR 22695-3183 SPRING GARDEN, PB 5-38, BLOCK 2 LOTS 6 THRU 13 LESSNIOFT OF LOTS 6 THRU 10 & LESS EXT 1936 PEPPERMILL AREA OF CURVE IN NW CORNER FOR R/W DESC AUDREY RUGGIERO, PD DRIVE CLEARWATER FL 33763 USA 01-3135-086-0001 IN OR 22695-3183 Contact Name Contact The Honorable Commissioner Watson District 5 Jacqueline Eillis - Chief of Land Development City of Miami, Planning Department Christine Rupp, Executive Director Dade Heritage Trust Cornelius Shiver, C.E.O. SEOPW Community Redevelopment Agency Kaye Johnson, President Poinciana Village Condominiums Rebecca Ojo-Olorunfemi: President Snug Harbor Townhouse Assoc., Inc. Mark Walters, President The Village of St. Agnes Renata Cunningham (President) Valeria Smith (Vice -President) Town Park Plaza North Condominium Association Inc. Carlos Salas: Spring Gardens Civic Association President Spring Gardens Assoc. Brett Bibeau, Managing Director Miami River Commission Lillian Slater Town Park Plaza Village Keon Williams Overtown Community Oversight Board Cecilia Stewart Overtown Neighbors for Environmental Health and Safety Krystal Elie: Property Manager Courtside Apartments Kenneth Thurston: Property Manager Pauline Brathwaite: Board President Town Park Plaza South Rana Nisbeth: Property Manager Kathy Sanz: Asst. Property Manager Island Living Apartments Principal Yolanda Ellis Frederick Douglass Elementary School Graylyn Swilley Woods: Executive Director- OCYC Overtown Community Youth Coalition Address .illin__,,Zip Code 3500 Pan American Dr. Miami, FI 33133 444 SW 2 Ave 3rd floor Miami, FL 33130 190 SE 12th Terrace Miami, FI 33131 819 NW 2nd Avenue, 3rd floor Miami, Florida 33136 269 & 201 N.W. 7th Street Miami, FL 33136 1000 NW North River Drive Box 1 Miami, FL 33136 301 N.W. 19th Street Miami, FL 33136 1955 NW 5th Place Miami, FL 33136 1021 NW North River Drive Miami, FL 33136 1407 NW 7 St, Ste D Miami FL 33125 1680 NW 4th Ave. Miami, FI 33136 1490 NW 3rd Ave. Miami, FI 33136 1899 N.W. 1st Court Miami, FL 33136 1699 N.W. 4th Avenue Miami, FL 33136 1798 N.W. 5th Avenue Miami, FL 33136 1201 N.W. 3rd Avenue Miami, FL 33136 314 N.W. 12th Street Miami, FL 33136 1951 N.W. 7th Avenue Miami, FL 33136 BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 749483 Transaction Date: Mar 1 2021 9:17AM Permit Number: FEE SUMMARY PZ-20-7751 Rezoning - 1020 NW 7 AV (Highly Park) (305)789-3335 Fee Category Fee Code Fee Description Quantity Unit Type Amount HEARING BOARDS - PUBLIC HEARING MS-228 PUBLIC HEARING - ADVERTISING 2.0000 UNITS $3,000.00 HEARING BOARDS - PUBLIC HEARING MS-225 PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHBORS 258.0000 NGH X HRGS $1,161.00 HEARING BOARDS - PUBLIC HEARING MS-241 PUBLIC HEARING - MEETING MAIL NOTICE - APPLICANT/APPEALLANT 3.0000 HEARINGS $13.50 HEARING BOARDS - PUBLIC HEARING MS-226 PUBLIC HEARING - LU POLICY 1.5.4 54.0000 NGH X HRGS $243.00 HEARING BOARDS - APPLICATION/APPEAL MS-205 REZONING (T6-8, 0, T6-12, 0, T6-24 0, D1, D2, D3. T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD) 51618.0000 SQ. FT. $36,132.60 HEARING BOARDS - PUBLIC HEARING MS-216 CONCURRENCY REVIEW - SCHOOL BOARD 0.0000 N/A $150.00 Total: $40,700.10 Rev. Jul/02/2012 Generated on Mar/01/2021 10:55 AM L Linda Christian From: Morgan -Gates, Vickie <VMorgan@miamigov.com> Sent: Wednesday, March 10, 2021 11:37 AM To: Lee, Erica Cc: Angleton, Kathryn; Pascal, Jean Robert; Linda Christ an; Maria Gralia; Constantiny, Demetrio; Leis, Maria; Jackson, Ana Subject: RE: PZ-20-7751 Rezoning - 1020 NW 7 AV Stand-alone rezone (Highland Park) Good Morning Erica, The below screenshot means the payment was processed on March 8`h '%'et'fled *eke ce ry4zga#cidea iPayment Administrator Cash Receipts Supervisor 444 S.W. 2nd Avenue, 6th Floor Miami, F( 33130 305-416-1934 Please be advised that Cash Receipts staff is working remotely and must be contacted via email: Jean Pascal — jpascal `"a miamigov.com Elmita Bolivar — ebolivarici>niiainigov.com Oliguet Deis — odeisamiamigov.com For Online payments: www.miamigov.com/pay Tell us how we're doing. CLICK HERE to complete our Customer Satisfaction Survey From: Lee, Erica <ELee@miamigov.com> Sent: Wednesday, March 10, 20218:42 AM To: Morgan -Gates, Vickie <VMorgan@rniamigov.com>; Constantiny, Demetrio <DConstantiny@miamigov.com>; Leis, Maria <MLeis@miamigov.com> Cc: Angleton, Kathryn <KAngleton@miamigov.com>; Pascal, Jean Robert <jpascal@mlamigov.com>; Linda Christian <Ichristian@stearnsweaver.com>; Maria Gralia <mgralia@stearnsweaver.com> Subject: RE: PZ-20-7751 Rezoning - 1020 NW 7 AV Stand-alone rezone (Highland Party) Good morning Finance Team, Please confirm I am reading this right. The check was cleared, correct? Permit Number. `Requeslor Narne: Address 1: Address 2: City. Email: 'Phone 1: Phone 2• Comments: Folio Number: Last Updated By: Last Updated Date: inancial Transa Tx 749483 PZ-20-7751 Rezoning - 1020 NW 7 AV (Highland Park) State: r . 1 Zip: { 30P ) 789 - y3335 PZ-20-7751 Rezoning - 1020 NW 7 AV Stand-alone rezone (Highland Park) R1 JERSIDEELee Mar/01 f2021 10:55 Created On Receipt Number Receipt Date 1,1ari01/20210917 HEARING BOARDS - PUBLIC HEARING HEARING BOARDS - PUBLIC HEARING HEARING BOARDS - PUBLIC NEARING HEARN4G BOARDS PUBLIC HEARING HEARING BOARDS - APPLICATIONIAPPEAL HEARING BOARDS - PUBLIC HEARING Respectfully, 202107008-21 Oae;6,xt Marr08i2021 12:08 PUBLIC HEARING - ADVERTISING PUBLIC HEARING-11EETWG VAL NOTICE - NEIGHBORS PUBLIC HEARING - MEE"ING MAIL NOTICE - APPLICANT/APPEALLAiT PUBIC HEARING- LU POLICY 1 54 REZONING TT6-8 0 T&42. 0. T6-24 0. D1. 02 D3. T6-36 0. T6-48 0 T&60 0. T&80. C1-HD) coraC,JRRENCY REVIEW - SCHOOL BOARD COVID-19 NOTICE: As a result of Couid-19 emergency planning, many staff in the Planning Department are working remotely. The best way to reach most staff is by email. If you need to discuss a matter, consider requesting a conference call facilitated by Microsoft Teams or similar computer technology. Thank you for your understanding. ERICA LEE, MSW, MPA Hearing Boards Coordinator Planning Department 444 SW 2"d Avenue, 3' Floor, Miami, FL 33130 2