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HomeMy WebLinkAboutApplication and Supporting DocumentsC yofMem PlannntgDepanemrtt & Office otZoning http//wwvi. niamgov. codplannntg http:/Amm.nianigov.cont',tnntg F.rt*eplanp4e ntatnigov.cont Planning (305) 416-1400 Zoning (305) 416-1495 RE -Zoning Application Application This submittal needs to be schebu let bra public hearing In accordance wilt timelines set forth in the City of Miami Cede. The appllcade deoIslon-making burly NOR review the Information at the public hearing to render a recommendation or a final decal on. PZ-20-7953 01/15/21 SUBMJTTER INFORMATION First Name: Firrail: Ryan baanter@g1bw.com First Name: Ryan Corporation: GreenbergTramig, P.A. Address: 333 SE 2rd Ave, 4400 Last Name: BaOioe PRIMARY APPLICANT INFORMATION Last Name: Mine City: Minn i State: Florida Tip: 33131 Email: baiiner@gtlaw.com Phone: (305) 579-0508 First Name: Corporation: Miami Dade County Address: 701 NW 1stCt., 16thFloor PRIMARY OWNER INFORMATION Last Name: City: Miani State: Florida Zip: 33136 Final bailiner@gtlaw.com Phone: (305) 579-0508 PROJECT INFORMATION Project Name: Project Address: City: Master Folio Nmrber: Rainbow Village 2000 NW 3 AV Miami 0131250630020 State: Florida Unit Nmrber. h p: 33127 That under the penalty of perjury, I declare that all the udomstion contained in this pemit applications accurate to the best ofny knowled • That NO work or ustallation will eminence prior to the issuance ofa building pemit and that an work will be performed to meet Ile regulating construction and zoning in the jurisdiction. • I will, in all respects, perform work in accordance with the scope of the permit, the City of Miani's codes and all other applicable laws, ordinances. • That all i nfomntion given will be accurate and that an work will be done in conpliannce with all applicable laws regulating construction and • That separate pemits may be required unless specifically covered with the submittal of this application • That there nay be additional pemits required from other entities. • Fees shad be paid prior to the review and issuance of the pemnit, as necessary. • Permit fees are non-refiadabk This submittal needs to be schebu led bra public hearing In accordance wiHr timelines set forth in the City of Miami Cede. The appllcatte decision -making body will review the Information at the public hearing to render a recommended on or a final decision. PZ-20-7953 01/15/21 OWNER / OWNER REPRESENTATIVE First Name: Ryan Last Nam: Bailin First Name: Signature: Signature: Date: June 30, 2020 Date: P U GT GreenbergTraurig July 13, 2020 Updated: December 7, 2020 Updated: March 12, 2021 VIA E-PLAN FILING Mr. Cesar Garcia Pons City of Miami Director of Planning and Zoning 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33131 Re: Letter of Intent for Rezoning Application 2000 NW 3rd Avenue (the "Subject Property") Dear Cesar: 4 0 Q. NOTICE lfgbritlae $. �: ti110reeaulea bra pubic hearing ii�� ean�w 1i ae<tonhmtr,"b m T@Ilaj�,Q��7i�„�@�{dQpeclslon-maFing bWywlll v tit IpWg{�tiyyig publichearingto rentlera 8X .Sllbrnh/r�M dHAtld bra nnzi aecmon. ner@gton_6n7953 % 03/24/21 " EW COs-Q On behalf of Miami -Dade County and Housing Trust Group, LLC (collectively referred to as the "Applicant"), we are pleased to submit the enclosed rezoning application (the "Application") for the above -captioned Subject Property identified by Tax Folio No. 01-312- 5063-0020, located in the City of Miami (the "City"). This correspondence constitutes the Applicant's Letter of Intent and analysis pursuant to the requirements of Article 7.1.2.8(c) (2) (g) of Miami 21. Specifically, the Applicant is requesting a zoning change to the Subject Property from T4-L to T5-0 in compliance with Section 7.1.2.8(c)(1) of Miami 21. I. PROPERTY INFORMATION The Subject Property fronts NW 20th Street to the North, NW 22nd Street to the South, NW 3rd Avenue to the East, and NW 4th Court/the Rainbow Village Park to the West. According to the enclosed survey of the Subject Property prepared by Pulice Land Surveyors, Inc., dated July 7, 2020 (the "Survey"), the Subject Property's lot area totals approximately 451,692 +/- square feet or 10.369 +/- acres. A reduced sized copy of the Survey is attached as Exhibit "A". Below is an aerial image depicting the location of the Subject Property, outlined in blue. Greenberg Traurig, P.A. I Attorneys at Law 333 Southeast Second Avenue I Suite 4400 I Miami, FL 33131 I T +1 305.579.0500 I F +1 305.579.0717 www.gtlaw.com Letter of Intent for Rezoning Application This submittal needs to he scheduled bra public hearing In accordance with timelines set forth in the City of Miami Cede. The appti®Lie decision -making boiywllt reNew the Information at the public hearing to render a recommendation or a final decision. By way of background, the Subject Property is owned by the Miami -Dade County (the "County") Public Housing Agency. The County issued a Request for Proposal No. 01296 (the "RFP") to redevelop the Rainbow Village Public Housing Community ("Rainbow Village") and Gwen Cherry 23C Public Housing Community ("Gwen Cherry") located on the Subject Property. The Applicant was the top ranked bidder and winning responder to the RFP. A copy of the County's resolution awarding the RFP is attached as Exhibit "B". Rainbow Village includes one -hundred (100) apartment units contained within a series of two-story walk-up style buildings constructed between 1970 - 1972. Gwen Cherry includes thirty- six (36) apartment units contained within a two-story walk-up style building constructed in 1973. As detailed in the photographs below, the structures do not adhere to modern design principles, including Miami 21, which emphasizes light, air, and the pedestrian realm. Instead, the buildings are CBS rectangular masses, with small windows, and very limited balconies. The buildings have no relationship with the pedestrian realm, and do not serve to activate or enliven the area. In fact, the structures and their design contribute to neighborhood blight. 2 iin!!!! ;n� hI f a cell iIIIIiiiiiioiiilil1lii III �? Letter of Intent for Rezoning Application ��91�I���u�q��lullllllllf I��' � aril. II. ANALYSIS FOR REZONING al needs to be scheduled bra public hearing sordance with timelines set forth in the City of Mlaml Code..The appticade decision -making boiywlll rewewthe Information at the public hearing to render a recommendation or a final decision. i:, IN 11� A�Irr� i ii`�• �..., M�� t n iu1vatu11MT 1i1 Under Miami 21, the current zoning designation of the Subject Property is T4-L. The Applicant requests to rezone the Subject Property to T5-O pursuant to the successional zoning requirements of Article 7, Section 7.1.2.8(a) of Miami 21. As demonstrated in the Survey, the Subject Property has more than 200 feet of Street Frontage along NW 22nd Street, NW 3rd Avenue, NW 20th Street, and NW 4th Court, and contains more than 40,000 square feet of land area. As such, the Subject Property meets the threshold criteria for rezoning consideration pursuant to Article 7.1.2.8(c)(1). Further, for the reasons outlined below, the proposed rezoning is appropriate for the Subject Property, and meets the criteria established in Article 7, Section 7.1.2.8 of Miami 21. /// NW 23RD SS�TJ CAS 0 /////D -)2 gr- SE TA. :lira ReU•.. P1.01 _ NPJ z NW '. 9Th ! fJ T3-R NL.'' 1 3111 TES: a 1. Article 7, Section 7.1.2.8W(2) of Miami 21. The proposed rezoning is compatible with the surrounding zoning districts and provides a transition in density and intensity which is consistent with the goals of Miami 21. 3 PU$i./ Letter of Intent for Rezoning Application NOTICE Article 7, Section 7.1.2.8(f)(2) of Miami 21 requires zoning changes to m of Miami 21 and provide transitions in intensity and Building Height. The Sub bounded by higher intensity uses/districts on the North, East and West. Specifically, East and Northwest of the Subject Property are designated T5-O and the properties are designated T6-8-0. It is also important to note the property to the North is approv Mana Wynwood Special Area Plan, which is forecast to include +/- 9 million square feet of mixe use development. Therefore, the proposed successional rezoning to T5-O provides an appropriate transition in height and density between the intense development to the North of the Subject Property and the T3-R properties located to the South of the Subject Property. •trainttaa1neetlato hetlu etl tora public hearing .•rya �c decistforthi kthe Cltyof Miami ThemCodeoA2 app icaGe tl ubUc hearing bonlor the info atlon at the pubk heering to rendera roper" ad Or final decision ropg? s7953 o3da4/21 rin �REVIEW CO°Q 2. Article 7, Section 7.1.2.8O(1)(a) of Miami 21. The proposed rezoning furthers the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan (the "Comprehensive Plan"), Miami 21 and other City regulations. a. The rezoning of the Subject Property furthers the goals, objectives, and polices of the Comprehensive Plan. The following land use goals, objectives and policies of the Comprehensive Plan are furthered by the proposed rezoning of the Subject Property: • Goal LU-1: Maintain a land use pattern that (1) protects and enhances the quality of life in the City's neighborhoods; (2) fosters redevelopment and revitalization of blighted or declining areas; (3) promotes and facilitates economic development and the growth of job opportunities in the city; (4) fosters the growth and development of downtown as a regional center of domestic and international commerce, culture and entertainment; (5) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and conserves the city's significant natural and coastal resources; and (7) protects the integrity and quality of the City's existing neighborhoods by insuring public notice, input and appellant rights regarding changes in existing zoning and land use regulations. • Policy LU-1.3.15: The City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. • Policy HO-2.1.2: The City will continue to revise residential zoning district regulations to provide greater flexibility for the design and development of a variety of contemporary housing types and mixed -use developments with the application of new higher density zoning in accordance with neighborhood specific design and development standards that might be adopted as a result of amendments to the City's land development regulations and other neighborhood planning initiatives. • Objective LU-1.2: Promote, facilitate, and catalyze the redevelopment and revitalization of blighted, declining or threatened residential, commercial and industrial areas through a variety of public, private, and public -private redevelopment initiatives and revitalization programs including, where appropriate, historic designations. 4 Letter of Intent for Rezoning Application b. The Subject Property is located in the SEOPW CRA. The Subject Property is located within the Southeast Overtown/Park We Redevelopment Agency area of the City (the "SEOPW CRA"). Consistent with the of Article 7, Section 7.1.2.8(f)(1)(a), the proposed rezoning advances the intent and goals 21 and the SEOPW CRA Redevelopment Plan by expanding redevelopment opportunities for t e Subject Property's outdated two-story multi -family structures with a variety of uses such as pedestrian scaled commercial uses, and high -quality mixed -income residential units central to the Overtown neighborhood. The proposed zoning change would permit the redevelopment of the Subject Property into a pedestrian oriented mixed -use development with much needed ground floor commercial space for the existing and future residents of the area. Redevelopment of the Subject Property would serve to activate the streetscape and encourage walkability throughout the area. This submittal needs to he scheduled bra public hearing In accordance with timelines set forth in the City of Miami Code. The appti®Lie decision -making boiywllt review the intormatlon at the pubec hearing to render a recommendation ora final decidon. emmWi 7953 oar The Subject Property's renewed pedestrian friendly environment serves to complement the transportation options surrounding the area, including the Miami -Dade County Transit MetroBus system. As such, any development at the Subject Property would further increase the use and ridership of nearby transit opportunities and produce a captured demographic to support the Subject Property's ground floor retail use as well as the cultural and entertainment facilities dispersed throughout the Overtown neighborhood. The pedestrian friendly atmosphere coupled with the mixed -use components would advance the SEOPW CRA's vision for this area and allow the Subject Property to reach its intended development potential. Rezoning of the Subject Property furthers the following redevelopment goals and policies of the SEOPW CRA Redevelopment Plan: • Goal: Improve the Quality of Life for residents; creating housing, recreation and work environments where healthy outcomes are the result of a planned and sustainable effort designed to improve the quality of life for Overtown residents in the CRA. • Principle 1: The community must be livable. Land uses, and transportation systems must be coordinated with each other. • Principle 5: Walking within the neighborhood must be accessible, safe and pleasant. • Principle 10: Streets and buildings must be attractive. • Principle 13: The zoning and other development regulations should promote walkability, connectivity, mixed use and density of housing products and commercial space. 3. Article 7, Sections 7.1.2.8O(1)(b) of Miami 21. An analysis of the development and use patterns for the vicinity of the Subject Property, as well as the changing conditions in the immediate area, support the proposed rezoning to T5-O. 5 PU$// Letter of Intent for Rezoning Application a. The Subject Property is located in the SEOPW C proximity to Mana Wynwood SAP. 4 0 Q- a As mentioned above, the Subject Property is located within the City's SEOP an area which continues to undergo a rapid increase in development, business revit expansion and population growth. Separate and apart, the Subject Property is just South o proposed Mana Wynwood SAP, an area that is undergoing redevelopment with dense and intense uses across a 23 +/- acre site. Article 7, Section 7.1.2.8(f)(1)(b) requires consideration of the need for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary. The reviving of the SEOPW CRA area and the rapidly changing Wynwood neighborhood to the North, further justify the rezoning of the Subject Property to allow development consistent with the intent, vision and progress of Miami 21. NOTICE sobrnih.I nee to beseneewea tore puboc heeling aarylotlan xpp{�,;.^.setforth In the Cory of lama the information th tlecosoc hcrIngt renderla reWewtheacornmendat ther a bYcheecisi n rentlere ncommentlation or a final tlecivon. PZ-20-7953 17��- ape�4/21 Q aliz..REVIEW Co" b. The Subject Property was previously zoned R-3 under Ordinance 11000. Under Ordinance 11000, the Subject Property was zoned R-3 Multifamily Medium - Density Residential, as detailed on the prior zoning map below. The R-3 designation permitted single-family, duplex and multifamily structures up to and including low-rise apartment structures with a maximum density of sixty-five (65) units per net acre. After the adoption of Miami 21, the Subject Property was subsequently designated as T4-L, reducing the density from sixty-five (65) units per acre to thirty-six (36) units per acre. The proposed rezoning would correct the discrepancy created after the adoption of Miami 21, and return the Subject Property to a density of sixty-five (65) units per acre, as was the case under Ordinance 11000. 4. The existing T4-L zoning transect designation is inappropriate. As noted above, the Subject Property was previously zoned R-3 Multifamily Medium - Density Residential, which permitted sixty-five (65) units per acre. After the adoption of Miami 21, the Subject Property was subsequently designated as T4-L, reducing the density from sixty- five (65) units per acre to thirty-six (36) units per acre. For this reason, the current T4-L transect zone designation is inappropriate. 6 PUBt. ic Letter of Intent for Rezoning Application Additionally, the Subject Property's existing zoning transect designation in light of the City's and County's objectives related to affordable housing develop the Subject Property is a large, centrally located parcel in the heart of the SEOPW redevelopment on the Subject Property may not currently utilize the affordable hou contained in Miami 21. As the neighboring community begins to gentrify quickly, developments slated for Wynwood such as the Mana Wynwood SAP, it is imperative that t Subject Property provide increased access to affordable housing and diversity of housing stock. The existing Gwen Cherry/Rainbow Village community is both physically obsolete and an underutilization of the Subject Property. The existing zoning designation is inappropriate in light of the City/County goals related to diversity of housing stock and access to affordable housing. 4 0 Q- a. NOTICE This submittal needs to scheduled for a puboc hearing `aj2W2 rill ea set forth in the City of f� C pphca e decision -making body will reWgwyi�mlo;o�n �1 publiczl tlechearingivoton. rentler u � LC rafin boriPlaera-7953 17.��` ,cries21 �Q, 44, EVlEw CO e 5. Through the re -platting process, the Applicant will ensure a sufficient buffer from the adjacent T3 zoning transect. In order to create a sufficient buffer from the T3 transect located to the South and East of the Subject Property, the Applicant will be re -platting the Subject Property to create an interstitial tract along the Southern boundary. The interstitial tract will be developed in accordance with the proposed T5-O zoning designation, which does not currently qualify for the benefits contained in Article 3.15 of Miami 21. As such, the T3 parcels to the South and East will be sufficiently buffered from the portions of the Subject Property that would be eligible for the affordable housing bonuses under Article 3. III. ANALYSIS FOR COMPREHENSIVE PLAN AMENDMENT The FLUM contained in the Comprehensive Plan designates the Subject Property as Medium Density Restricted Commercial. The Subject Property's Medium Density Restricted Commercial designation is compatible with the proposed T5-O zoning designation, as depicted in the Correspondence Table in the Comprehensive Plan below. As such, the Applicant is not seeking a FLUM Amendment in connection with the Application. 7 Letter of Intent for Rezoning Application Correspondence Table —Zoning and Comprehensive Plan This submittal netts to be scheduled bra public hearing In accordance wXh hmellnes set forth in the City of Warm Code. The applicade deolalon-ma Fing belly xtltt revewthc Informalon at the pu bac hearing to render a recommended on or a final decision. Transact Miami 21 Transact Zone October 21309 ioC NP Future Land Use 03 Dwell' A. ' 4 Pere Acre REVUE T3 R. L SUB-URBAN SINGLE-FAMILY RESIDENTIAL D dufac T3T3 0 DUPLEX RESIDENTIAL 18 du+ac T4 R GENERAL URBAN LOW DENSITY MULTIFAMILY RESIDENTIAL c duia T4 LOW DENSITY RESTRICTED COMMERCIAL clulsic 4 T5 R URBAN CENTER MEDIUM DENSITY MULTIFAMILY RESIDENTIAL claim T5 L'O MEDIUM DENSITY RESTRICTED COMMERCIAL 68 diVac• T6-(3 — 48) R URBAN CORE HIGH DENSITY MULTIFAMILY RESIDENTIAL 150 dufac2 T6-(8 —48) L, 0 RESTRICTED COMMERCIAL, GENERAL COMMERCIAL Please note however, that the Subject Property's designation as Medium Density Restricted Commercial and its location within the SEOPW CRA reflects the City's vision and intent for the Subject Property to allow for greater density and varied uses at this location. IV. CONCLUSION In light of the foregoing, the proposed rezoning of the Subject Property to T5-O (i) is consistent with the scale, character and uses located in the vicinity of the Subject Property, (ii) complements the surrounding area and (iii) will encourage redevelopment while providing a positive impact on the Overtown community. If you require any additional information or would like to discuss further this request, please contact me at 305-579-0508. Thank you for your attention to and favorable consideration of this matter. RPD:man Enclosures ACTIVE 51439272v4 Sincerely, Ryan D. Bailine, Esq. 8 Exhibit "A" Survey This submittal needs to he scheduled bra public hearing In accordance with timelines set forth in the City of Miami Code. The appti®Lie decision -making body relew the intormatlon at the pubec hearing to render a recommendation or a final decision. TREE TABLE Number Botanical Name Common e DBH finches) CanopyTree (feet) Height Item w we enia Mal? ddo meP�anr Quern i.deg2iono Unideelf 7 dont7 a aenrdee aeni40=ninoph4M UM suckle tineeres BOCK OLIVE 12 end Mahaponl Unidentified 15 Unidentified 10'' 16 ndem5e 17 Nunez dubs ALMOND 18 dent,410a' SB v 19 20 Wody0Na bifurcate 21 wadyerca b,iaeam 22 Unidentified 23 wodaena b4urcoto wmyetio Mia2mo 10' A' 25 wadyeea 2222am 26 wmyeeo bifurcate 27 tleix/ree buret.12 Buck. MACK OLIVE N/A a 32 be tus n) mIro 33 Undeterred PALM 7 SV Buddo burems BLACK OLIVE re 30' SCR n t MAHOGANY Rd V os 50. 39 Butlda bureras 60 Chimes vtgmdna LIVE OAK 00' 30' 01 tlemilim PALM 102 14' zY Unidentified 102 40' 2G' demgid dentered 45 tlemlka pomerta CABBAGE PALM 14 47 demigm PALM vv 30' 48 Undominv) PALM 10N'20. Undent.ed PALM 14, 20 60 Sueido toreros SLACK OLIVE Re 40' SV Mahogoni MAHOGANY . 50' Mohagonl Colli Sehe7Paosaai oph5Ao U102.116 ME 56 ndentipm tleircfim UNIDENTIFIED SS unidentified 59 unidentified 60 sdiellieto amn°phyilo UMBRELLA 30 eV 67 Bodetenm hielingeni MAHOGANY 3, 30 40' Ina FICUS 6 00" 4V 60 enalied m smeSuna TO buret. BOCK OLIVE 16' m 417 21 Bunk. boner. BOCK OLIVE NV 40' OR 72 Buckle bo eres BOCK OLIVE 18" 30' AV 73 Sobel CABBAGE PALM g4 1n PALM X2 4 m ss COPYRIGHT 2020 BY PULICE LAND SUFNEYORS. INC ALL RIGHTS RESERVED NO PART OF THIS SURVEY MAY BE REPRODUCED. IN ANY FORM OR BY ANY MEANS. WITHOUT PERMISSION IN WRITING FROM AN OFFICER OF PULICE LAND SURVEYORS, INC r NW 20TH STREET VICINITY AMAP John F Pulice ni Digitally signed by John F Pulice Date: 2020.07.07 08:10:49 -04'00' CERTIFICATION. HEREBY THAT THIS FORTH THE DEPARTMENT OF PRACTICE RE FORTH ES CDT CS SECT9DFFLDSTWTESTIVE CODE, PURSUANT O ION72o.ORIAAN. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL SUAVEOR AANDIGITAL SIGNATURE AND SEAL OF A FLORIDA LICENSED 0 JOHN F PULICE, PROFESSIONAL SURVEYOR AND MAPPER LS2691 0 BETH BURNS. PROFESSIONAL SURVEYOR AND MAPPER LS6136 VICTOR R GILBERT. PROFESSIONAL SURVEYOR AND MAPPER LS6.279 ° STATE OF FLORIDA LEGAL DESCRIPTION. IIIAT LEASEHOLD ESTATE CF)EATED BY THAT LEASE BY AND ACCORDING TO THE PLAT THEREOF. RECORDED IN PLAT BOOK 91, PAGE BB, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY. FLORIDA NOTES' 1) AREA ELEVATION:FEE, AND 9 FEET. 2DG:1I6x COUNTY BENCHMARK s.sD NEw, p16CD3120E9c E P14112assoAM N E'. 001L/D5 a) THIS 3 SOUTH. RANCE 5) eEArervcs areEIIBn THE B) CONTACT APPROPRIATE UTILITY COMPANIES FOR FIELD ACCURACY OF ELEVATIgNg F NELL DEFINED IMPROVEMENTS FTHISTSIJRNELWAS PREPARED NITH BENEFIT OF COMMITMENT TYNATIO DAL iL 1 MP COANY MM COITME 1 0690192020 6/01 /2 2 THE FOLLOWING ITEMS ARE SCHEDULE B SECTION II ITBI RE PG 31. PPPRLv A) RESERVATION OF UTILITY EASEMENTS: D OOLE. C) RAND MEMORANDUMPG 1040. APPLIES TO THIS SITE AS DEPICT. HEREON ITEM B-,17195 AND CONDITION OF THAT LEASE BY AND COMPANY. AS TENANT. AS EVIDENCED BY THAT UP.M 0) ADEW DOCUMENTS ARE PER MIAMI-DADE COUNTY C NTH Rx ONE. BEARING LABELSCONRAN SHEET 1 OF 3 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1, 2 At 3 REVISIONS .I. RAINBOW VILLAGE HAW REVISIONS BY 10, BOUNDARY AND TOPOGRAPHIC SURVEY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE )ps4) 572-1777 (gs4) 572-1778 surveys@pe !Iceland. ars corn CERTIFICATE AUTHORIZATION pel Iceland. La33373 '° �NBQ B .B:FP SURVEY :��; a�Z FEB. HOUSING RDER Nope;z9;N°UP 4 4 4 5 R-25.00' CA-89°59'50. A-39.27' MCA '3 EIBMIIMIBB AvEranot LE_ '4 4 '4M4141' g453.1., 111353333 ItACT 22 MATCH LINE SHEET 3 Mc- sgg./ A A, mmell 1111 211-u-rr ,3354-117-11-11 .574ginsir 72,7,0 : 4Wilit2T.W az „1 az mil lo 11 ERMISKINCE . _ _ • NW 20TH STREET ,g 0 9 03 COPYRIGHT 2020 BY PACE LAND SURVEYORS. INC ALL RIGHTS RESERVED NO PART OF THIS SURVEY MAY BE REPRODUCED. IN ANY FORM OR BY ANY MEANS. WITHOUT PERMISSION IN .ITING FROM AN OFFICER OF PULICE LAND SURVEYORS, INC X.11FAMISMODWPAWRTNELY.' WWWWININBEYFe •TOWNPAMILDIVISION 5 rufuE:U6,5' 35. c=c 30' 115 60. GRAPHIC SCALE I BOUNDARY AND TOPOGRAPHIC SURVEY NW 20TH TERRACE army, Pl; R-25.00' CA330°04'08" A•39.30' IpPauf, PO& pleRia5A $44. SHEET 2 OF 3 LEGEND CONCRETE ASPHALT PAVEMENT ELEVATION — cow— 0,,ERHEAD WIRES UNDERSPOUND STORM SEWER LiNE —SAN— UNDERGROUND SANITARY SEWER LINE —w— UNDERGROUND WATER UNE —c— UNDERSPOUND CPS CENTERLINE OR B OFFiCiAL RECORDS BOOK P e PLAT BOOK PG, PACE R/W 1,611, OF— WAY LB LiCENSED BUSiNESS P RM PERMANENT REFERENCE MONUMENT N/A NOT AVAILABLE RPOil, CA. CENTRAL ANGLE PIRO LENGTH TRAVERSE PONT (POP FiELD INFORMATION ONLY) PALM TREE OP, TREE MAHOGANY TREE 0 0 BLACK OLNE TREE O ALMOND TREE UMBRELLA TREE BOTTLEBRUSH THE • UNIDENTIFIED TREE M TREE NUMBER • COMRIMENT ENCEPTiON NUMBER ,PMPM STA, PLANE COORDINATES THIS DOCUMENT IS NEITHER FULL NOP COMPLETE WITHOUT SHEETS 1. 2 & 3 RAINBOW VILLAGE arnigni,Fry 4 PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE (954) 572-1777 FAX. (954) 572-1778 survey.opulIcelardsurveyars corn CERET7j'TEW PAu=sArl'OTIrIX7.0 spHECKED J.F.P SURVEY DATE 05/17/2020 /I'DRAWN BY. B.E. SCALE 1' • SO' FILE. HOUSING TRUST GROUP ORDER NO.. 1,17297 ga I�EI a'R _ Astai 1 41 aF— n U. Z pmo' zM• N0210'05'W LEGEND CONCRELE 1= ASPHALT PAVEMENT — cow — OVERHEAD WIRES —sm— UNDERGROUND STORM SEWER UNE —SW— UNDERGROUND SANITARY SEWER LINE —W— UNDERGROUND WATER Li, —G— UNDERGROUND GAS UNE • CENLERLINE PC PAGE Raw PONT- 0E-mFAN N,/P. NOT E REFERENCE MONOMENL aa rP IRAVERSE PO, 60R MELD INFORMATION ONLY) O MAHOGANY TREE au.. TREE @ UMBRELLA TREE % UNIDENLIFIED TREE O NUMBER D°DI SLALE PLANE YCOADINALLS D COPYRIGHT 2020 BY PILLICE LAND SURVEYORS, INC ALL RIGILLS RESERVED. NO PART OF THIS SURVEY MAV BE REPRODUCED, IN ANY FORM OR BY ANY MEANS. WILHOLNI PERMISSION IN WRITING FROM AN OFFICER OF POLICE LAND SURVEYORS, INC. 58745'25•W 335.03' wvxIhL AMOUR. REB X Vb 'fffe`»'' _{ NW 22ND STREET d x-69S.ff 'TONNPp�,E N9I�IBDINSION 1 U.R. P.6. V k".37-10" N87'44'54•E 290.49' bv.�� NiID��® �e nil IME ELI S87 45'25•W 139 91' 802%2 39"E 10.00' �'kfiiEti _ ,91`E4'E'm MATCH LINE SHEET 2 1d9 .7011,27,4 '11 WNPKEA �N9116gVISION Me 81�PGN.W�-10' '9,3 90 GRAPHIC SCALE NMI, WIMP' ,SEE I tP NW 21ST STREET SHEET 3 OF 3 RAINBOWI VILLAOI OUNDARY ANDTOPOGRAPHIC SURVE i PULICE LAND SURVEYORS, INC. SUNRISE. FLORIDA 33361 '201 ORDER No.. 0128] Exhibit "B" Miami Dade County Board of County Commissioners Approved Resolution No. R-297-20 This submittal needs to he scheduled bra public hearing In accordance with timelines set forth in the City of Miami Code. The appti®Lie decision -making body relew the intormatlon at the pubec hearing to render a recommendation or a final decision. OFFICIAL FILE COPY CLERK OF THE BOARD OF COUNTY COMMISSIONERS MI tM1-DAD£ COUNTY, FLORIDA. MEMORANDUM TO: Honorable Chairwoman Audrey M. Edmonson DATE: and Members, Board of County Commissioners FROM: Abigail Price -Williams County Attorney Agenda April 7 No. 8(F)(F This submittal needs to be schetlu Led bra public hearing Q(� aorbanoe wXh bmellnessetforth in the City of \ review Coee. Theapplica h public -making renderla rn nwihe lntomiatlonat the public heering to n:nbore r&ommend bon or a final decision. SUBJECT: Resolution aut accordance with section 125.35, Florida Statutes, award of an 11- month Ground Lease Agreement to Housing Trust Group, LLC, and its affiliates ("HTG"), a Florida limited liability company for nominal value and for the purpose of providing site control to HTG for the redevelopment of Rainbow Village and Gwen Cherry 23C Public Housing Developments pursuant to Request for Proposal (RFP) No. 01296, for the redevelopment of Rainbow Village and Gwen Cherry 23C, for the Public Housing and Community Development Department; waiving sections 2-8.3 and 2-8.4 of the County Code relating to bid protest procedures by a two-thirds vote of the Board members present; and authorizing the County Mayor to execute the Ground Lease Agreement, to exercise all provisions contained therein, including termination and amendment provisions, to execute or consent to the execution of sub - ground leases as may be required by the Florida Housing Finance Corporation or other funding sources, to preserve site control Resolution No. R-297-20 The accompanying resolution was prepared by the Internal Services Department and placed on the agenda at the request of Prime Sponsor Chairwoman Audrey M. Edmonson. APW/smm Abigail Price -Williams County Attorney 1 Memorandu Date: April 7, 2020 To: Honorable Chairwoman Audrey M. Edmonson and Members, Board of Co jommissioners From: Carlos A. Gimenez �- Mayor Subject: Recommendation for Approval to` Award Short -Term Ground Lease Agreement to Housing Trust Group, LLC, and its Affiliates, Pursuant to Request for Proposal (RFP) No. 01296, Redevelopment of Rainbow Village and Gwen Cherry 23C This submittal needs to be schebu Led for a public hearing in accordance wilt timelines set forth in the City of Miami Cede.. The applicade de:.ision-making belly will revew the information at the public hearing to render a recommendation or a final tlecia on. Recommendation It is recommended that the Board of County Commissioners (Board): 1. In accordance with section 125.35, Florida Statutes, approve and authorize the County Mayor or the County Mayor's designee to execute a 11-month Ground Lease Agreement (Lease) with Housing Trust Group, LLC, and its affiliates ("HTG"), for nominal value and for the purpose of providing site control to HTG for the redevelopment of Rainbow Village and Gwen Cherry 23C public housing developments (Project Site), pursuant to Request for Proposal (RFP) No. 01296, Redevelopment of Rainbow Village and Gwen Cherry 23C for the Public Housing and Community Development Department; and 2. Waive the bid protest process pursuant to sections 2-8.3 and 2-8.4 of the Code of Miami -Dade County in order to allow HTG the opportunity to apply for competitive funds from the Florida Housing Finance Corporation's State Apartment Incentive Loan Program (SAIL Program), by the application deadline in March 2020, and to further ensure that the Public Housing and Community Development Department is able to provide assurances to the United States Department of Housing and Urban Development (HUD) by March 2020 that the County is making significant progress on the County's plan to covert certain public housing units to Section 8 Project -based units through HUD's Rental Assistance Demonstration Program (RAD Program); and 3. Authorize the County Mayor or County Mayor's designee to exercise all provisions contained in the Lease including, but not limited to, termination provisions, and the following provisions that authorize the County Mayor or the County Mayor's designee to: (a) review and approve documents, plans, applications, lease assignments, and requests required or allowed by HTG to be submitted to the County pursuant to the Lease; (b) consent to actions, events, and undertakings by HTG or extensions of time periods for which consent is required by the County, including, but not limited to, extensions of time for the performance of any obligation by HTG under the Lease; (c) execute any and all documents on behalf of the County necessary or convenient to the foregoing approvals, consents, and appointments; (d) negotiate lease bifurcation agreements; (e) negotiate terms of Right of First Refusal and Option to Purchase Agreements; (f) assist HTG with, and execute on behalf of the County, any applications or other documents needed to comply with applicable regulatory procedures and to secure financing, permits or other approvals to accomplish the construction of any and all improvements in and refurbishments of the property; (g) amend the Lease to correct any typographical or non -material errors, to address revisions or supplements hereto of a non -material nature, or to carry out the purposes of the Lease; (h) execute or consent, at the County Mayor or the County Mayor's designee sole discretion, to subleases with HTG's assignees, including any amendments, extensions, and modifications thereto; (i) execute recognition and non -disturbance agreements and issue estoppel statements; and (j) to take all other necessary actions that may be required by the Florida Housing Finance Corporation or other funding sources, to preserve site control. 2 PURL/ Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners Page 2 The County issued a competitive Request for Proposals to obtain proposals from de the experience and capacity of obtaining the funding, and managing the construction, m operation of multifamily housing projects, including redevelopment experience under the Three vendors responded to the solicitation, and all vendors are local. Over 2,600 vendors were n via email and by BidSync, of which 303 viewed the solicitation, and 77 downloaded the solicitation. O /-, iJ ttr Io"R l9v 1. NOTICE Ow This submittal needs to be scheduled bra public hearing In accord anoe wail tlmellnes set forth in the City of Warm Cede. The applica We deelslon-making hotly wilt review the information at the public hearing to render a recommendation or a final becI0 on. P -20- 953 ers wno nave 03/24/21 nce, an •' q _ REV1 EW lip' 0 ied The Competitive Selection Committee determined that HTG's proposal meets or exceeds the developmental criteria that would be most beneficial to the County. HTG's proposal demonstrated: 1) a well -qualified development team, including professional consultants for the redevelopment of the Project Site; 2) extensive experience building multi -family and public housing units; and 3) commitment to the HUD Section 3 compliance and other certified small and minority firms that are part of the development team. Therefore, it is in the best interest to the County to award the Lease to HTG for the purpose of providing site control for the redevelopment of the Project Site. Approval of the Lease is the first step in the award process as this establishes required site control prior to submission of the SAIL Program's application. Expediting the approval process is consistent with Public Housing and Community Development Department's need to provide assurances to HUD by March 2020 that the County is making significant progress on the RAD Program. The County is planning to redevelop 7,718 public housing units under the RAD Program countywide. Upon approval of the Lease, the County will initiate negotiations for a Master Development Agreement with HTG for the development of the Project Site, which currently consist of 136 public housing units. HTG proposes three possible scenarios for the development of the Project Site, i.e. Scenarios A, B, and C. Under Scenario A, HTG proposes to develop the Project Site with 1,014 mixed -income units, including 136 RAD units, subject to approval of the Project Site rezoning to T-5 under the Miami 21 Zoning Code Successional Zoning process by the City of Miami. Under Scenario B, HTG proposes to develop the Project Site with 1,316 mixed -income units, including 136 RAD units, subject to approval of the Project Site rezoning to T-5 under the Miami 21 Zoning Code Successional Zoning process by the City of Miami, followed by rezoning a portion of the Project Site from T-5 to T6-8 or higher under a Special Area Plan. Finally, under Scenario C, HTG proposes for the County's consideration, an option to expand the development site by 10.7 acres, which, if realized, may include, in addition to the mixed -income units contemplated under either Scenario A or Scenario B: (a) an educational component through redevelopment of the Paul L. Dunbar K-8 Center in partnership with the School Board of Miami -Dade County, Florida; (b) additional mixed-income/market rate housing through redevelopment of the 2000 NW 5th Place apartment site in partnership with Mana Wynwood; (c) approximately 70,000+/- square feet of commercial retail and office space; and d) a community center, an early education center and other community amenities. The Master Development Agreement will be presented to the Board for approval at a later date. The County will also negotiate a long-term permanent ground -lease agreement with HTG, subject to HTG obtaining the required financing to make the project financially viable, obtaining all required HUD approvals, and any other required approvals, for the redevelopment of the Project Site. The long-term permanent ground -lease will also be presented to the Board for its approval. Presently, the County can only execute an 11-month ground lease without necessitating any required approvals from HUD. Any ground lease with a term of more 12 months or more will require HUD approval. Scope The scope of this item is countywide in nature; however, the Project Site is Located in District 3. Fiscal Impact/Fundinn Source There is no fiscal impact for approving the Lease with an 11-month term. Although no rent is due under the Lease, the County intends to negotiate a Master Development Agreement and the long-term Ground Lease Agreement for the Project Site, which will result in revenue sharing and capital improvements to 3 Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners Page 3 the Project Site. The Master Development Agreement and long-term lease will b Board for its approval at a later date. Track Record/Monitor Pearl Bethel of the Internal Services Department is the Procurement Contracting Manager. This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicade decision -malting body MI review the Inlormatlon at the pubUc hearIng to render a serf) t rat iao PZ-20-7953 Delegated Authority If this item is approved, the County Mayor or County Mayor's designee will have the authority to: (1) execute the Lease to exercise all provisions of the Lease including, but not limited to, termination provisions and the following provisions that authorize the County Mayor or the County Mayor's designee to (a) review and approve documents, plans, applications, lease assignments and requests required or allowed by HTG to be submitted to the County pursuant to the Lease; (b) consent to actions, events, and undertakings by HTG or extensions of time periods for which consent is required by the County, including, but not limited to, extensions of time for the performance of any obligation by HTG under the Lease; (c) execute any and all documents on behalf of the County necessary or convenient to the foregoing approvals, consents, and appointments; (d) negotiate lease bifurcation agreements; (e) negotiate terms of Right of First Refusal and Option to Purchase Agreements; (f) assist HTG with, and execute on behalf of the County, any applications or other documents needed to comply with applicable regulatory procedures and to secure financing, permits or other approvals to accomplish the construction of any and all improvements in and refurbishments of the property; (g) amend the Lease to correct any typographical or non -material errors, to address revisions or supplements hereto of a non -material nature or to carry out the purposes of the Lease; (h) execute or consent to, at the County Mayor or the County Mayor's designee sole discretion, subleases with HTG's assignees, including any amendments, extensions, and modifications thereto; (i) execute recognition and non -disturbance agreements and issue estoppel statements; and (j) to take all other necessary actions that may be required by the Florida Housing Finance Corporation or other funding sources, to preserve site control. Vendor Recommended for Award A Request for Proposals was issued under full and open competition. The County received three proposals. The Competitive Selection Committee (CSC) recommended that the County enter into negotiations with the highest ranked proposer, HTG. According to the CSC, HTG, including its key personnel and sub -contractors, has the experience, qualifications, capacity, and financial strength required for the redevelopment and operation of multifamily housing for public housing agencies. Vendor Principal Address Local Address* Number of Employee Residents Principal 1) Miami -Dade 2) Percentage* Housing Trust Group, LLC 3225 Aviation Avenue 6 Floor Coconut Grove, FL Same 45 Matthew A. Rieger $0% *Provided pursuant to Resolution No. R-1011-15. Percentage of employee residents is the percentage of vendor's employees who reside in Miami -Dade County as compared to the vendor's total workforce. 4 Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners Page 4 Vendors Not Recommended for Award Vendor The Michaels Development Company I, LP Local Address No This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicede decision -making body MI review the information at the public hearing to render a recommenda0 on or a final decal on. Reason for Not Rec Evaluation Scores/Ranking Pennrose, LLC No Deemed non -responsive by the County Attorney's Office for failing to submit Form 1, Revenue and Income Streams Proposal Schedule (opinion attached) Due Diligence Pursuant to Resolution No. R-187-12, a due diligence review was conducted in accordance with the Internal Services Department's Procurement Guidelines to determine vendor responsibility, including verifying corporate status and that there are no performance and compliance issues. The lists that were referenced included convicted vendors, debarred vendors, delinquent contractors, suspended vendors, and federal excluded parties. There are no adverse findings relating to vendor responsibility. Applicable Ordinances and Contract Measures • The two percent User Access Program provision does not apply. • The Small Business Enterprise Selection Factor and Local Preference do not apply. • The Living Wage does not apply. • The Davis -Bacon Wage Schedule in effect for Miami -Dade County applies. • Residents First Training and Employment Program applies, pursuant to Section 2-11.17 of the Code of Miami -Dade County and Implementing Order No. 3-61. • Section 3 of the Housing and Urban Development Act of 1968 Compliance applies. Attachment 7 Maurice L. Kemp Deputy Mayor 5 Date: To: From: Subject: Mernora December .11, 2019. ManuelA,Jimenei Procurement Contracting pffide Internal Senile -es Department Terrence A. Smith Asgistant Cotinty- Attorney NOTICE Ills submittal needs lo te scheduled for a pub& hearig h accordance with tirneines set forth In the alyor Komi Code. The applimble deaslon-rnaluiv body vAll rokw the inlortration at the PM recommendation or a final decon_ ReSpotiSiveneSs Opinion re: RFP No. 01.206„ RedeVeloptherit of Rainbow V4lage and GwenCherry.23C I -art in receipt of your memOranclurn d.ated Deceither !64 .201.9., in :which ,you aSk for a responsiyeneSs determinatiOn as to proposals received :taxa Fiennrose LLC ("PenprOse!'), rn resp:onse to .m6- No, 01.296i.Redevelopment ofRainbow Village and Gwen Cherry- 23C. (the 'Solicitation") I rely on :that • memorandum and its. :accoMpanying .materials consisting of the bidder' s-Stibinistion m reSponSe to the Soliclititicin, the 'Soli:Citation,it acco4anying addenda. and our -subsequent telephone conVersations. If 'there .are: additional facts of which I should. be made .awar6,..-pleaga-let inc know, as those. facts may alter the -conclusions -reached herein. Based piT my review ofthesematerials, this formal opinion is provided, finding v,rhether the PeruitoseiS 'response to the Solicitation IS:tiOrponsive, .Analysls Thc Solicitation requires:that each proposer -must submit Form 1, which is the Revenue and Income Stream's Proposal ; -Fo-rra 1 states that "[t]he Proposer's revenue and income *gains shall be Siabmitted otitis Foriti .PkipOser ikrequested to. fill in .the a'oblicable blanks on this- form." Further, section-4,1 titled -'-!R.eview of Proposals.foriRespoilsiveness't states Bach proposal will be reviewed to determine:if the proposal iS responSive:to -the submission:requiretiients ontlitedinthis.8bliditatiOn.:A reSponsiye:P.140PaaAlone, which follows Me reqiiirements of this golicitationiineludes all documentation, is AtiOnitted n the formo .outlined in this Solicitation; is of timely sgbmlssiOtt) and has apprppriate signaittres as required on each document: Failure to comply with these requirements .may result in. the proposal being. deemed responsive at the:tole dis.cretion-Of the Courity'S 'Attorney Office.. (enipliasis :added) Finally, section. 4..5 of the Solicitationtitled'ae-venue and IncOine Stream's 'V.aluation" states. The revenue and income atreains proposal will be Ovaluated '81ibjectiYayla combination with the .teobniOal,prOposal, including an evaluation of how well it matches Propoppes 1;:mderptanding of -the Conrity'4- nee4s: deserihd in this .1 6 Ills submittal needs to be scbedu Led fora pubic hemn9 na ardame with ti mean. set forth bathe(Ilyof Rani Cade. The appllee Ge deelsIon-nakig body nil review theinlamatlan at the public heaing to render at recommendation or a final decIsla PZ-20-7953 03/24/21 Solicitation the Proposer's assumptions, and the value of the proposed. services. The revenue and income streams evaluation is used as part of the evaluation process to determine the highest ranked Proposer. The County reserves the right to negotiate the final terms, conditions and revenue and income streams of the contract as may be in the best interest of the County. (emphasis added) Here, Fennrose failed to submit Fonn 1. Thus, the County has no ability to evaluate and rank Pennrose's proposal. One court bas•explained that the purpose of the competitive bidding process is, among other things, "to secure fair competition upon equal terms to all bidders ... and to afford an equal advantage to all desiring to do business with the county, by affording an opportunity for an exact comparison of bids." Harry Pepper & ASsocs., .Inc. v City of Cape Coral, 352 So. 2d 1190, 1192 (Fla. 2d DCA 2977) (citing Wester v. Belote, 138 So. 721, 723-24 (Fla. 1931)). It is established that responses to a solicitation must be capable of assuring the County that, if accepted, the proposal will result in a contract that can be performed in accordance with the requirements of the solicitation. See, e.g., Glatstein v. City of Miami, 399 So. 2d 1005, 1007-1008 (Fla. 3d DCA 1981) (relying on Wester for the proposition that Solicitation must include "reasonably definite plans or specifications, as a basis on which bids may be received"). Accordingly, Pennrose's failure to provide Form 1 as required by the Solicitation renders its bids non -responsive. Pennrose's bid. is not sufficient to provide the County with assurance that "the proposal will result in a contract that can be performed in accordance with the requirements of the solicitation." Gfatstein, 399 So. 2d at 1007-1008. Please feel free to contact me if you have any questions or concerns about the foregoing. 2 Memorandum Date: December 06, 2019 This submittal needs to be schebu Led bra public hewing In accordance witty timelines set forth in the City of Miami Cale. The applies We deaulon-ma king bodywlli f review the lntonnation at the pubec hearing to render s recommendation or a Ina decia on. PZ-20-7953 , To: Terrence Smith Assistant County Attorney County Attorney's Office From: Manuel A. Jimenez, CPPO, CPPB Procurement Contracting Officer Internal Services Department Subject: Request for Responsiveness Determination for Pennrose, LLC in Response to RFP No. 01298, Redevelopment of Rainbow Village & Gwen Cherry 23C On December 2, 20y9, three proposals were received for the subject RFP and subsequently reviewed for responsiveness. Please advise whether the subject proposal is responsive. Section 3.0. Response Requirements For Proposers Proposer: Issue: Pursuant to RFP No. 01296, Redevelopment of Rainbow Village & Gwen Cherry 23C, Section 3.0, Response Requirements For Proposers, Pennrose, LLC ("Pennrose") did not provide Form 1 - Revenue and Income Streams Proposal in its response to RFP-01296. 1) Section 3.6 of the RFP, Form 1 — Revenue and Income Streams Proposal, states: "Complete following the requirements therein." 2) Form 1, also states: "The Proposer's revenue and income streams shall be submitted on this Form 1, Revenue PeLLCse, and Income Streams shall be in the manner stated herein..." ("Pennrose") Research Conducted: After I discovered that Pennrose's Proposal was missing Form 1, I thoroughly reviewed Pennrose's Proposal several times, trying to discover any embedded statement in the Proposal related to the Proposer's Revenue and Income Streams Proposal (Form 1). The result was negative; I could not find any such statement in the Proposal. I also reviewed the Proposer's response activity log in BidSync, and the report shows that the Proposer downloaded Form 1 on November 18, 2019 at 8:43:15 AM EST (See attached Pennrose's Response Activity Report). The total value of the award will be over $1 million. If you have any questions, please contact me at (305) 375-4425. Thank you for your attention to this matter. Attachments: RFP-01296 Submittals RFP-01296 Solicitation Package (Complete) Pennrose's Response Activity Report 8 MEMORANDUM (Revised) TO: Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners FROM rice- lams unty Attorney Thls submittal needs to be schebu Led bra public hearing In accordance witti timelines set forth in the City of Miami Cede.. The applicade de:.ision-making belly will renew the information at the pubec hearing to render a recommendation or a final tecia on. DATE: Ap it SUBJECT: Agenda Item No. 8(F) (1) Please note any items checked. "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures witdout balancing budget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 2/3's present ✓, 2/3 membership , 3/5's , unanimous , CDMP 7 vote requirement per 2-116.1(3)(h) or (4)(c) , CDMP 2/3 vote requirement per 2-116.1(3)(h) or (4)(c) , or CDMP 9 vote requirement per 2-116.1(4)(c)(2) ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required 9 Approved Veto Override Manor RESOLUTION NO. R-297-20 Agenda Item No. 4-7-20 RESOLUTION AUTHORIZING, IN ACCORDANCE WITH SECTION 125.35, FLORIDA STATUTES, AWARD OF AN I1- MONTH GROUND LEASE AGREEMENT TO HOUSING TRUST GROUP, LLC, AND ITS AFFILIATES ("HTG"), A FLORIDA LIMITED LIABILITY COMPANY FOR NOMINAL VALUE AND FOR THE PURPOSE OF PROVIDING SITE CONTROL TO HTG FOR THE REDEVELOPMENT OF RAINBOW VILLAGE AND GWEN CHERRY 23C PUBLIC HOUSING DEVELOPMENTS PURSUANT TO REQUEST FOR PROPOSAL (RFP) NO. 01296, FOR THE REDEVELOPMENT OF RAINBOW VILLAGE AND GWEN CHERRY 23C, FOR THE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT; WAIVING SECTIONS 2-8.3 AND 2-8.4 OF THE COUNTY CODE RELATING TO BID PROTEST PROCEDURES BY A TWO-THIRDS VOTE OF THE BOARD MEMBERS PRESENT; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE THE GROUND LEASE AGREEMENT, TO EXERCISE ALL PROVISIONS CONTAINED THEREIN, INCLUDING TERMINATION AND AMENDMENT PROVISIONS, TO EXECUTE OR CONSENT TO THE EXECUTION OF SUB - GROUND LEASES AS MAY BE REQUIRED BY THE FLORIDA HOUSING FINANCE CORPORATION OR OTHER FUNDING SOURCES, TO PRESERVE SITE CONTROL This submittal needs to be scheduled bra public hearing in accordance wkh timelines set forth in the City of Miami Code. The applica de decision -making bcdywill review the information at the public hearing to render a recommendation or a final decision. WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that: Section 1. This Board authorizes, in accordance with section 125.35, Florida Statutes, award of a 11-month Ground Lease Agreement ("Lease") for RFP No. 010296 with Housing Trust Group, LLC, and its affiliates ("HTG"), for nominal value and for the purpose of providing site control to HTG for the redevelopment of Rainbow Village and Gwen Cherry 23C public housing 10 Agenda Item No. 8(F Page No. 2 developments (Project Site), pursuant to Request for Proposal (RFP) No. 01296, of Rainbow Village and Gwen Cherry 23C for the Public Housing and Community Department. Section 2. This Board waives the requirements of sections 2-8.3 and 2.-8.4 of the Miami -Dade County Code ("Code") pertaining to bid protests, by a two-thirds vote of the Board members present, to allow HTG the opportunity to apply for competitive funds from the Florida Housing Finance Corporation's State Apartment Incentive Loan Program, by the application deadline in March 2020. Additionally, this Board waives the Code to ensure that the Public Housing and Community Development Department is able to provide assurances to the United States Department of Housing and Urban Development ("HUD") by March 2020 that the County is making significant progress on the County's plan to covert certain public housing units to Section 8 Project -based units through HUD's Rental Assistance Demonstration Program. Section 3. This Board authorizes the County Mayor or County Mayor's designee to execute the Lease, in substantially the form attached hereto as Attachment "A" and incorporated herein by reference. This Board further authorizes the County Mayor or the County Mayor's designee to exercise all provisions contained in the Lease including, but not limited to, termination and amendment provisions and the following provisions that authorize the County Mayor or the County Mayor's designee to (a) review and approve documents, plans, applications, lease assignments and requests required or allowed by HTG to be submitted to the County pursuant to the Lease; (b) consent to actions, events, and undertakings by HTG or extensions of time periods for which consent is required by the County, including, but not limited to, extensions of time for the performance of any obligation by HTG under the Lease; (c) execute any and all documents on behalf of the County necessary or convenient to the foregoing approvals, consents, and appointments; (d) negotiate lease bifurcation agreements; (e) negotiate terms of Right of First Thlssu itlal needsto be sceduled bra public hearing et,o�hintha�iynf tlecision-making betty will review the information at the public hearing to render e recommendation or a final decision. 11 PUBLIe Agenda Item No. 8(F) Page No. 3 Refusal and Option to Purchase Agreements; (f) assist HTG with and execute o County any applications or other documents, needed to comply with applica procedures and to secure financing, permits or other approvals to accomplish the constr .▪ •t 0 a▪ "l9v NOTICE City of �fPfalWailia IR8d4 da sln„maki gor wig aghee set foh inab Y wlll9 renew he informalon at the public hearing to render a recommendation or a final clec.W on. .01+_ ' ua 7953 3/24/214. A.A"RE1/! EW COON' any and all improvements in and refurbishments of the property; (g) amend the Lease to correct any typographical or non -material errors, to address revisions or supplements hereto of a non- material nature or to carry out the purposes of the Lease; (h) execute or consent, at the County Mayor or the County Mayor's designee sole discretion, to subleases with HTG's assignees, including any amendments, extensions, and modifications thereto, in substantially the form attached to the Lease as Exhibit "D" (i) execute recognition and non -disturbance agreements and issue estoppel statements; and (j) to take all other necessary actions that may be required by the Florida Housing Finance Corporation or other funding sources, to preserve site control. Section 4. This Board directs the County Mayor or the County Mayor's designee to provide to the Property Appraiser's Office executed copies of the ground leases, sub -ground leases and operating agreements within 30 days of their execution. Section 5. This Board directs the County Mayor or the County Mayor's designee, pursuant to Resolution No. R-974-09, shall record in the public record the ground lease or, memorandum of ground lease, sub -ground leases or memoranda of sub -ground leases, covenants, reverters and mortgages creating or reserving a real property interest in favor of the County and shall provide a copy of such recorded instruments to the Clerk of the Board within 30 days of execution and final acceptance. This Board further directs the Clerk of the Board, pursuant to Resolution No. R-974-09, to attach and permanently store a recorded copy of any instrument provided in accordance herewith together with this resolution. 12 Agenda Item No. 8(F Page No. 4 The foregoing resolution was offered by Commissioner Rebeca who moved its adoption. The motion was seconded by Commissioner Audrey M. E upon being put to a vote, the vote was as follows: Audrey M. Edmonson, Chairwoman aye Rebeca Sosa, Vice Chairwoman aye Esteban L. Bovo, Jr. Jose "Pepe" Diaz Eileen Higgins Joe A. Martinez Dennis C. Moss Xavier L. Suarez aye Daniella Levine Cava aye Sally A. Heyman aye Barbara J. Jordan aye Jean Monestime aye Sen. Javier D. Souto aye This submittal netts to be schebuletl bra public hearing In accordance wet timelines set forth in the City of Miami Cede. The a pplicad®tleeialon-making hotly 4t review the information at the public hearing to render a recommendation or a final becW on. aye aye aye aye aye The Chairperson thereupon declared this resolution duly passed and adopted this 7th day of April, 2020. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this resolution and the filing of this approval with the Clerk of the Board. Approved by County Attorney as to form and legal sufficiency. Terrence A. Smith MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK Melissa Adames By: _ Deputy Clerk 13 ATTACHMENT This submittal needs to be schebu led bra public hearing In accordance wat bmei n. set forth in the City of Mleml Cede. The applicade decision -making botlywllt review the Information at the public hearIng to render a recommendation or a final tiecW on. GROUND LEASE Dated as of March _, 2020 between MIAMI-DADE COUNTY Landlord and RAINBOW REDEVELOPMENT, LLC Tenant GROUND LEASE (Project No. RFP-01296 for the Redevelopment of Rainbow Village and Gwen Cherry 23C) THIS GROUND LEASE (the Lease), made as of March , 2020 (the Lease Date), by and between MIAMI-DADE COUNTY, a political subdivision of the State of Florida and a "public housing agency" as defined in the United States Housing Act of 1937 (42 U.S.C. §1437 et seq., as amended) (Landlord), and RAINBOW REDEVELOPMENT, LLC, a Florida limited liability company (Tenant), as assignee of Housing Trust Group, LLC, a Florida limited liability company (HTG). Capitalized terms used in this Lease, without being defined elsewhere herein, shall have the meanings set forth in Section 1.1 hereof. Ills submittal needs to be scheduled fine a pubic hemig n axudarue with timeunea set forth h t efitynr Mari Cade. The appli®lte decIslon-makig badyadl review the inlu,n, ion at the public hearing to milder recommendation or ,final decision WITNESSETH: PZ-20-7953 03/24/21 WHEREAS, Landlord is the owner of the Land consisting of certain real property located in Miami -Dade County, Florida, on which is located public housing developments known as Rainbow Village and Gwen Cherry 23C (FLA 5-32 and FLA 5-27); and WHEREAS, Landlord sought qualified developers to redevelop the Land pursuant to the terms and conditions set forth in Request for Proposal No. 01296, Redevelopment of Rainbow Village and Gwen Cherry 23C (RFP); and WHEREAS, HTG has proposed to construct, through special purpose entities (including Tenant), (a) under Scenario A, approximately 1,014 mixed -income units on the Land, 136 of which will be RAD Units; or (b) under Scenario B, 1,316 mixed -income units, 136 of which will be RAD Units under Scenario B; and WHEREAS, Tenant intends to apply for various sources of private and public funding, which may include but is not limited to Low Income Housing Tax Credits (LIHTC) through the Florida Housing Finance Corporation (FHFC) and Federal Housing Administration's (FHA) 221(d)(4) program; and is required to meet certain requirements as a condition of being awarded such financing; and is responsible in all cases for identifying adequate project funding; and WHEREAS, such applications require Tenant to present evidence of site control over the Land at the time of the application as a condition of being awarded financing; and WHEREAS, evidence of site control over the Land includes a ground lease; and WHEREAS, on , 2020, the Miami -Dade Board of County Commissioners (the Board) adopted Resolution No. , awarding the RFP to the Tenant and approving the execution of this Lease; and WHEREAS, Landlord and Tenant are willing to enter into this Lease of the Land conditioned on Tenant obtaining financing, which may include FHFC awarding Tenant LIHTC. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties set forth herein, Landlord and Tenant do hereby covenant and agree as follows: Project No. RFP-01296 ACTIVE 48486805v4 1 15 ARTICLE I DEFINITIONS Definitions. The following terms shall have the following definitions in this Lease: This submittal needs to be schedu Led bra public hearing in accordance witti timelines set forth in the City of Miami Cede. The applicade decision -making body will renew the information at the public hearing to render a recommendation or a final decis on. (a) ACC means the Consolidated Annual Contributions Contract between HUD and Landlord as amended in relation to the Premises by the ACC Amendment. (b) ACC Amendment means the Mixed -Finance Amendment to Consolidated Annual Contributions Contract, dated on or about the Commencement Date, by Landlord and HUD, and incorporating the Public Housing Units, as the same may be further amended from time to time. (c) Act means the United States Housing Act of 1937 (42 U.S.C. § 1437, et seq.), as amended from time to time, any successor legislation, and all implementing regulations issued thereunder or in furtherance thereof. (d) Applicable Public Housing Requirements means, collectively, the Act, HUD regulations thereunder (and, to the extent applicable, any HUD -approved waivers of regulatory requirements), and all other Federal statutory, executive order, and regulatory requirements applicable to public housing, as such requirements now exist or as they may be amended from time to time. With respect to the Public Housing Units, the term Applicable Public Housing Requirements shall also include the ACC and the ACC Amendment, as and to the extent applicable to the Public Housing Units during the term thereof or the period required by law. (e) Bankruptcy Laws has the meaning set forth in Section 8.1(d). (f) this Lease. Board means the Board of County Commissioners as provided in the Recitals to (g) Commencement Date means the date on which the Tenant closes on its construction financing for the rehabilitation, redevelopment or new construction, as applicable, of the Improvements and the sale or syndication of the LIHTC, if applicable. (h) Declaration of Restrictive Covenants means any use agreement, declaration or similar covenant in favor of HUD to be recorded against the Land prior in lien priority to any leasehold mortgage and this leasehold which obligates Tenant and any successor in title to the Premises, including a successor in title by foreclosure or deed -in -lieu of foreclosure (or the leasehold equivalent), to maintain and operate the Premises in compliance with the Applicable Public Housing Requirements for the period stated therein. (i) Defects has the meaning set forth in Section 7.3. (j) Development means the construction (or rehabilitation), maintenance and operation of the Premises in accordance with this Lease. (k) Entitlements means all development, zoning, land use, entitlements, operation permits, concurrency, comprehensive plan amendments, site plan approval, platting, water and sewer rights and/or any other approvals and/or variances as may be required from the various Project No. RFP-01296 ACTIVE 48486805v4 2 16 G Oire PURL/ governmental or quasi -governmental authorities having jurisdiction over the Premis applicable appeals period, for the development and construction of the Project. (I) Environmental Assessments means the environmental studies and obtained by Tenant on or before the Commencement Date. NOTICE Ills submittalneces to be scheduled foe a pubic hearig n aocnrdana with tirnellnes set forth Yefitya Pori Code. .; The appl®le deaslon-nkig body hepublic Mewing to render ui.yonhif it <atnorubnaln l PZ-20-7953 ep • 03/24/21 EVl EW C (m) Environmental Laws means any present and future Federal, State or local law, ordinance, rule, regulation, permit, license or binding determination of any governmental authority relating to, imposing liability or standards concerning or otherwise addressing the protection of land, water, air or the environment, including, but not limited to: the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601 et seq. (CERCLA); the Resource, Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (RCRA); the Toxic Substances Control Act, 15 U.S.C. §2601 et seq. (TOSCA); the Clean Air Act, 42 U.S.C. §7401 et seg.; the Clean Water Act, 33 U.S.C. §1251 et seq. and any so-called "Superfund" or "Superlien" law; as each is from time to time amended and hereafter in effect. (n) Event of Default has the meaning set forth in Section 8.1. (o) FHFC has the meaning set forth in the Recitals of this Lease. (p) Governing Documents means (i) with respect to the Public Housing Units, the Declaration of Restrictive Covenants, the ACC, ACC Amendment, the Operating Agreement, and other agreements associated with the RAD, including, but not limited to HAP Contract. In the event of a conflict between the Operating Agreement and the ACC, ACC Amendment, Declaration of Restrictive Covenants and the Hap Contract, the ACC, the Declaration of Restrictive Covenants and the HAP Contract shall govern, and (ii) with respect to the RAD Units, any document effectuating any part of RAD Requirements, including, without limitation, a RAD Conversion Commitment, a RAD Use Agreement, and a RAD HAP Agreement. (q) HAP Contract means the Housing Assistance Payment Contract(s) to be entered into between Tenant and Landlord in accordance with the RAD Program. (r) Hazardous Substances means (i) "hazardous substances" as defined by CERCLA or Section 311 of the Clean Water Act (33 USC § 1321), or listed pursuant to Section 307 of the Clean Water Act (33 USC § 1317); (ii) "hazardous wastes," as defined by RCRA; (iii) any hazardous, dangerous or toxic chemical, waste, pollutant, material, element, contaminant or substance ("pollutant") within the meaning of any Environmental Law prohibiting, limited or otherwise regulating the use, exposure, release, emission, discharge, generation, manufacture, sale, transport, handling, storage, treatment, reuse, presence, disposal or recycling of such pollutant; (iv) petroleum crude oil or fraction thereof; (v) any radioactive material, including any source, special nuclear or by-product material as defined in 42 U.S.C. §2011 et seq. and amendments thereto and reauthorizations thereof; (vi) asbestos -containing materials in any form or condition; (vii) polychlorinated biphenyls or polychlorinated biphenyl -containing materials in any form or condition; (viii) a "regulated substance" within the meaning of Subtitle 1 of RCRA, as amended from time to time and regulations promulgated thereunder; (ix) substances the presence of which requires notification, investigation or remediation under any Environmental Laws; (x) urea formaldehyde foam insulation or urea formaldehyde foam insulation -containing materials; (xi) lead -based paint or lead -based paint -containing materials; and (xii) radon or radon -containing or producing materials. Project No. RFP-01296 ACTIVE 48486805v4 3 Its‘i" 17 (s) HTG has the meaning set forth in the Recitals to this Lease. (t) HUD means the United States Department of Housing and Urban Dev This submittal needs to he scheduled bra public hearing In accordance with timelines set forth in the City of Miami Code. The appti®Lie decision -making bodywllt rc ew the information at the pubec hearing to render a recommendation or a final decision. (u) Improvements means all repairs, betterments, buildings and developm hereafter constructed or rehabilitated on the Land, and any additional parking areas, walkways, landscaping, fencing or other amenities on the Land. (v) Inspector General has the meaning set forth in Section 12.1. (w) Investor means Tenant's equity investor(s) who will be admitted as a member or limited partner (as applicable) of Tenant under the Operating Agreement. (x) IPSIG has the meaning set forth in Section 12.1. (y) Land means that certain real property located in Miami -Dade County, legally described in Exhibit A, together with all easements, rights, privileges, licenses, covenants and other matters that benefit or burden the real property. (z) Landlord shall have the meaning ascribed to such term in the introductory paragraph to this Lease and means Miami -Dade County, a political subdivision of the State of Florida and a "public housing agency" as defined in the Act. (aa) Lease shall have the meaning ascribed to such term in the introductory paragraph to this Lease and means this ground lease as the same shall be amended from time to time. (bb) Lease Date shall have the meaning ascribed to such term in the introductory paragraph to this Lease and means the date on which this Lease is signed by the last of the Landlord or Tenant. (cc) ease Year means, in the case of the first lease year, the period from the Commencement Date through December 31st of that year; thereafter, each successive twelve - calendar month period following the expiration of the first lease year of the Term; except that in the event of the termination of this Lease on any day other than the last day of a Lease Year then the last Lease Year of the Term shall be the period from the end of the preceding Lease Year to such date of termination. (dd) LIHTC has the meaning set forth in the Recitals to this Lease. (ee) Operating Agreement means the Amended and Restated Operating Agreement or Limited Partnership Agreement (as applicable) of Tenant to be entered into on or about the Commencement Date and pursuant to which the Investor will be admitted as a member or limited partner of the Tenant. (ff) Partial Taking has the meaning set forth in Section 6.2(d). (gg) Permitted Encumbrances means such recorded title matters as are disclosed pursuant to the title commitment to be obtained by Tenant pursuant to Section 7.1 and are not identified by Tenant as objectionable matters pursuant to the procedure provided in Section 7.3. Project No. RFP-01296 ACTIVE 48486805v4 4 18 (hh) Permitted Leasehold Mortgage has the meaning set forth in Secti (ii) Permitted Leasehold Mortgagee has the meaning set forth in Sectio This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicade decision -making bodysalll giew the information at the public hearing to render a recommendoi on or a final decal on. PZ-20-7953 (jj) Personal Property means all fixtures (including, but not limited to, all heatin. , conditioning, plumbing, lighting, communications and elevator fixtures), fittings, appliances, apparatus, equipment, machinery, chattels, building materials, and other property of every kind and nature whatsoever, and replacements and proceeds thereof, and additions thereto, now or at any time hereafter owned by Tenant, or in which Tenant has or shall have an interest, now or at any time hereafter affixed to, attached to, appurtenant to, located or placed upon, or used in any way in connection with the present and future complete and comfortable use, enjoyment or occupancy for operation and maintenance of the Premises, excepting any personal property or fixtures owned by any tenant (other than the Tenant) occupying the Premises and used by such tenant for residential purposes or in the conduct of its business in the space occupied by it to the extent the same does not become the property of Tenant under the lease with such tenant or pursuant to applicable law. (kk) Plans and Specifications means the plans and specifications for the Improvements to be constructed (or rehabilitated) on the Land by Tenant. (Il) Premises means the Land, the Improvements and the Personal Property. (mm) Project means the development of the Improvements on the Land in accordance with the Plans and Specifications. (nn) Project -Based Voucher (PBV) program means a component of a public housing agency's (PHA's) Housing Choice Voucher (HCV) program or the PHA's PBVs allocated through the RAD Program. (oo) Public Housing Units means 136 units on the Premises regulated as public housing units in accordance with the Operating Agreement, all of which will be converted to RAD Units and Project -Based Voucher Units, under RAD 75/25 Section 18 "demo/dispo" Blend, contingent on HUD approval. (pp) Qualified Assignee shall mean any individual, corporation, limited liability company, general or limited partnership, joint venture or other entity that is a registered vendor with the Landlord and is not otherwise prohibited by legislation then in effect from doing business with the Landlord or has not otherwise been issued a Limited Denial or Participation, Suspension or Debarment by any governing local, state or federal agency. (qq) RAD HAP Contract means Housing Assistance Payments Contract(s) for project based vouchers in the form required by RAD Requirements. (rr) RAD Program means HUD's Rental Assistance Demonstration program originally authorized by the Consolidated and Further Continuing Appropriations Act of 2012 (Public Law 112-55), as it may be re -authorized or amended, as further governed by HUD Notice H-2019-09, PIH-2019-23 (HA), Rental Assistance Demonstration Final Implementation -Revision 4, and any subsequent revisions thereto. Project No. RFP-01296 ACTIVE 48486805v4 5 19 (ss) RAD Requirements means all requirements for the RAD Program Tenant as set forth in the RAD Documents and any other rules or regulations pr HUD for the RAD Program. Thus submittal reeds to he scheduled for a pubic hemig n accordance with timelines set tam, Yhllhe city of Itiari Cate.The applire Ge deaskn-makig bodyxil Iica ttnepe finkldecisgto sentiva 7VV 9 o dflRbl de419pR ate( f40-7953 03/24/21 (tt) RAD Unit means any of the 136 units on the Premises (or elsewhere if pur to a "transfer of assistance" approved by Landlord and HUD) to be converted and operated in accordance with RAD Requirements. (uu) Real Estate Taxes has the meaning set forth in Section 3.5. (vv) Regulatory Default has the meaning set forth in Section 8.5. (ww) Rent has the meaning set forth in Section 3.1. (xx) RFP has the meaning set forth in the Recitals to this Lease. (yy) Sublease has the meaning set forth in Section 5.7. (zz) Sublessee means any sublessee to which Tenant subleases a portion of the ground leasehold estate created hereby, or any whole or partial assignee of this Lease through a partial assignment or bifurcation of this Lease, as provided in Section 5.7(b), but excluding any tenant of an individual residential or commercial unit. (aaa) Taking means any taking of the title to, access to, or use of the Premises or any portion thereof by any governmental authority or any conveyance under the threat thereof, for any public, or quasi -public use or purpose. A Taking may be total or partial, permanent or temporary. (bbb) Tenant shall have the meaning ascribed to such term in the introductory paragraph to this Lease and means RAINBOW REDEVELOPMENT, LLC, a Florida limited liability company. (ccc) Term means a period of time commencing with the Lease Date and continuing until the date which is seventy-five (75) Lease Years thereafter or longer as may be required by funding sources such as FHFC and as mutually agreed upon by Landlord and Tenant. (ddd) Total Taking has the meaning set forth in Section 6.2(c). 1.2. Interpretation. The words "hereof," "herein," "hereunder," and other words of similar import refer to this Agreement as a whole and not to any particular Section, subsection or subdivision. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Words importing the singular number shall include the plural and vice versa unless the context shall otherwise indicate. 1.3. Exhibits. Exhibits to this Lease are incorporated by this reference and are to be construed as a part of this Lease. Project No. RFP-01296 ACTIVE 48486805v4 6 20 ARTICLE II PREMISES AND TERM Ills submittal reeds to Ise scneau lee fora pubic hearig n accordance wits timelines set forth Inthe cnyor elan Code. The applicare decision -making body ail review the intonation at the public hearing to render monenMdat on or afinal deohlpR Landlord leases and demises to Tenant and its successors and assigns, subject to with the benefit of the terms, covenants, conditions and provisions of this Lease, the Land for Term unless sooner terminated in accordance with the provisions contained in this Lease. ARTICLE III RENT he 3.1. Rent. Tenant covenants and agrees to pay to Landlord as Rent under this Lease the lump sum ground lease payments for either Scenario A or Scenario B (dependent upon which Scenario is actually pursued by Tenant as the Project) as and when set forth under Section A of the Revenue and Income Streams Schedule attached to this Lease as Exhibit B. Rent shall be made payable to the Board of County Commissioners, c/o Public Housing and Community Development, 701 N.W. 1st Court, 16th Floor, Miami, Florida 33136, or at such other place and to such other person as Landlord may from time to time designate in writing, as set forth herein. Prior to the Commencement Date, Tenant is not obligated to pay Rent or any other sums to the Landlord under this Lease. 3.2. Surrender. Upon the expiration of this Lease by the passage of time or otherwise, Tenant will yield, surrender and deliver up possession of the Premises to Landlord. In the event Tenant fails to vacate the Premises and remove such personal property as Tenant is allowed hereunder to remove from the Premises at the end of the Term, or at the earlier termination of this Lease, Landlord shall be deemed Tenant's agent to remove such items from the Premises at Tenant's sole cost and expense. Furthermore, should Tenant fail to vacate the Premises in accordance with the terms of this Lease at the end of the Term, or at the earlier termination of this Lease, the Tenant shall pay to Landlord a charge for each day of occupancy after expiration or termination of the Lease in an amount equal to 150% of Tenant's Rent (applicable during the immediately preceding Lease Year) prorated on a daily basis. Such charge shall be in addition to any actual damages suffered by Landlord due to Tenant's failure to vacate the Premises, for which Tenant shall be fully liable, it being understood and agreed, however, that Tenant shall under no circumstances be liable to Landlord for any incidental, indirect, punitive or consequential damages (including, but not limited to, loss of revenue or anticipated profits). 3.3. Utilities. Commencing as of the Commencement Date, Tenant shall pay or cause to be paid all charges for water, gas, sewer, electricity, light, heat, other energy sources or power, telephone or other service used, rendered or supplied to Tenant in connection with the Premises. 3.4. Other. Commencing as of the Commencement Date, Tenant covenants to pay and discharge, when the same shall become due all other amounts, liabilities, and obligations which Tenant assumes or agrees to pay or discharge pursuant to this Lease, together with every fine, penalty, interest and cost which may be added for nonpayment or late payment thereof (provided that Tenant shall not be liable for any payment or portion thereof which Landlord is obligated to pay and which payment Landlord has failed to make when due); and, in the event of any failure by Tenant to pay or discharge the foregoing, Landlord shall have the right, after ten (10) business Project No. RFP-01296 ACTIVE 48486805v4 7 21 days' notice to Tenant, to make any such payment on behalf of Tenant and c therefor. This submittal reeds In te scheduled MI a pubic hemig n accordance wM timelines set ionbt mme alyor Miami iCade. The applira Gedecision-mangt r,ndwl ry h>tauutlon tthe public hoaringtp nmtica 7e 4h On a Anal depl9m PZ-20-7953 3.5. Taxes. Tenant understands and agrees that as a result of the Landlord's fee ow the Premises, for State law purposes, the Premises may be exempt from any ad valorem Landlord represents to Tenant that any such exemption should remain in effect notwithstanding that Landlord is entering into this Lease. However, during the Term of this Lease, if, for any reason whatsoever, the Premises become subject to ad valorem taxes or any other real estate taxes, fees, impositions and/or charges become imposed during the Term and any Extensions upon the Premises and the building and/or other improvements constructed on the Premises by Tenant (Real Estate Taxes), then, in such event, from and after the Commencement Date (but not before such date),Tenant shall be required to pay such Real Estate Taxes, prior to delinquency without notice or demand and without set-off, abatement, suspension or deduction. In the event that the folio identification number applicable to the Premises shall also contain other property not specifically included in, or a part of, the Premises, then Tenant shall only be required to pay the portion of such taxes exclusively attributable to the Premises. 3.6. Contested Obligations. If Tenant shall deem itself aggrieved by any Real Estate Taxes or other charges for which it is responsible hereunder and shall elect to contest the payment thereof, Tenant may make such payment under protest or, if postponement of such payment will not jeopardize Landlord's title to the Land, or subject Landlord to the risk of any criminal liability or civil liability or penalty, Tenant may postpone the same provided that it shall secure such payment and the interest and penalties thereon and the costs of the contest on the determination or the proceedings or suit in which such contest may be had, by causing to be delivered to Landlord cash or other security satisfactory to Landlord, or a bond of indemnity of a good and solvent surety company, in form and amount satisfactory to Landlord. Either party paying any Real Estate Taxes or other charges shall be entitled to recover, receive and retain for its own benefit all abatements and refunds of such Real Estate Taxes or other charges, unless it has previously been reimbursed by the other party, in which case an equitable distribution will be made. Tenant agrees to save Landlord harmless from ail costs and expenses incurred on account of Tenant's participation in such proceedings or as a result of Tenant's failure to pay Real Estate Taxes and other related charges with respect to the Premises. Landlord, without obligating itself to incur any costs or expenses in connection with such proceedings, shall cooperate with Tenant by providing such information and executing such applications, documents or filings as requested by Tenant, each with respect to such proceedings so far as reasonably necessary; provided, however, that Tenant acknowledges that the foregoing duty to cooperate will not require the Landlord to take any legal position contrary to the position taken by the Miami -Dade County Property Appraiser or Tax Collector in any such proceeding. Tenant shall not discontinue any abatement proceedings begun by it without first giving the Landlord written notice of its intent to do so and reasonable opportunity to be substituted in such proceedings. Landlord shall promptly furnish to Tenant a copy of any notice of any Real Estate Taxes received by Landlord. 3.7. Control and Liabilities. Landlord acknowledges and agrees that Landlord is and shall be, at all times prior to the Commencement Date, in use, control and occupancy of the Premises and all improvements located thereon. In connection with the foregoing, Landlord further acknowledges and agrees that Landlord is responsible for maintaining, repairing, securing, supervising and managing the Premises, including with respect to any third parties (e.g., tenants) located in the Premises. All debts, obligations and liabilities arising prior to the Commencement Date in the course of business of the Premises or otherwise in connection with the use, occupancy Project No. RFP-01296 ACTIVE 48486805v4 8 22 PUBL/c, r-� 0' 0 a or operation thereof (including, but not limited to, all such liabilities for utilities, t costs and expenses related to the Premises; all such liabilities under or wit Environmental Laws or claims; all such liabilities under or with respect to any per � claims; and any and all obligations related to the operation, maintenance, repair, QEVI E supervision and management of the Premises) are and shall be the obligation of Landlor•, - Tenant shall not be liable or otherwise responsible for any such debts, obligations or liabilities or have any duties to the Landlord or any third parties with respect to the use, occupancy or operation of the Premises. NOTICE ARTICLE IV This sudritatneeds to he scheduled for a pubic bear g to accordance with hrnellnes set forth fit the Cly of Mall God,e;_ T�he ap��pllra hla decblon-rrakky batlywl arreieln onor buc haxl^910 mHca final &c�wt pect40-7953 inj ury24/21 INDEMNITY, LIENS AND INSURANCE 4.1. Indemnity for Tenant's Acts. Landlord shall continue to operate the Premises until the Commencement Date as provided in Section 3.7 above and Section 5.1(b) below. From and after the Commencement Date, Tenant shall indemnify and hold harmless the Landlord and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the Landlord or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Lease by the Tenant or its employees, agents, servants, members, principals or subcontractors. Tenant shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the Landlord, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon, provided, however, nothing herein contained shall obligate or hold Tenant responsible (a) for any costs, expenses, claims or demands made by any party associated with the Premises relating to acts or omissions occurring prior to the Commencement Date (including, but not limited to, any acts or omissions relating to the operation, maintenance, repair, security, supervision or management of the Premises), or (ii) for any claims stemming from Landlord's and/or its officers', employees' or agents' acts or omissions; it being agreed to by the Landlord and Tenant that Tenant shall have no liability or obligation whatsoever with respect to such acts or omissions. Tenant expressly understands and agrees that any insurance protection required by this Lease or otherwise provided by Tenant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Landlord or its officers, employees, agents and instrumentalities as herein provided. 4.2. Landlord's Environmental Responsibility and Representations. (a) Except to the extent that an environmental condition is aggravated or exacerbated by the negligent or willful acts or omissions of Tenant, its agents or contractors, Tenant shall not be responsible under this Lease for any claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement action of any kind, and all costs and expenses incurred in connection therewith arising out of: (i) the presence of any Hazardous Substances in, on, over, or upon the Premises first affecting the Premises as of or prior to the Commencement Date, whether now known or unknown; or (ii) the failure of Landlord or its agents or contractors prior to the Commencement Date to comply with any Environmental Laws relating to the handling, treatment, presence, removal, storage, decontamination, cleanup, transportation or disposal of Hazardous Project No. RFP-01296 ACTIVE 48486805v4 9 ti449 cohs 23 Substances into, on, under or from the Premises at any time, whether or not such fai was known or knowable, discovered or discoverable prior to the Commencement D (b) Landlord represents and warrants to Tenant that, as of the date hereof: This submittal needs to be scheduled bra public hearing In accordance whh timelines set forth in the City of Miami Cede. The applicable decision -making body NC reActv the intone n at the pubic hearing to render 0 Co n or a final deciv on. PZ-20-7953 (i) except as may be referenced in the Environmental Assessments, and to the best of Landlord's actual knowledge, neither the Land nor any part thereof has been used for the disposal of refuse or waste, or for the generation, processing, storage, handling, treatment, transportation or disposal of any Hazardous Substances; (ii) except as may be referenced in the Environmental Assessments, and to the best of Landlord's actual knowledge, no Hazardous Substances have been installed, used, stored, handled or located on or beneath the Land, which Hazardous Substances, if found on or beneath the Land, or improperly disposed of off of the Land, would subject the owner or occupant of the Premises to damages, penalties, liabilities or an obligation to perform any work, cleanup, removal, repair, construction, alteration, demolition, renovation or installation in or in connection with the Premises (collectively, Environmental Cleanup Work) in order to comply with any Environmental Laws; (iii) except as may be referenced in the Environmental Assessments, and to the best of Landlord's actual knowledge, no notice from any governmental authority or any person has ever been served upon Landlord, its agents or employees, claiming any violation of any Environmental Law or any liability thereunder, or requiring or calling any attention to the need for any Environmental Cleanup Work on or in connection with the Premises, and neither Landlord, its agents or employees has ever been informed of any threatened or proposed serving of any such notice of violation or corrective work order; and (iv) except as may be referenced in the Environmental Assessments, and to the best of Landlord's knowledge, no part of the Land is affected by any Hazardous Substances contamination, which for purposes hereof, shall mean: (i) the contamination of any improvements, facilities, soil, subsurface strata, ground water, ambient air, biota or other elements on or of the Land by Hazardous Substances, or (ii) the contamination of the buildings, facilities, soil, subsurface strata, ground water, ambient air, biota or other elements on, or of, any other property as a result of Hazardous Substances emanating from the Land. 4.3. Liens. (a) Tenant agrees that it will not permit any mechanic's, materialmen's or other liens to stand against the Premises for work or materials furnished to Tenant it being provided, however, that Tenant shall have the right to contest the validity thereof. Tenant shall not have any right, authority or power to bind Landlord, the Premises or any other interest of the Landlord in the Premises and will pay or cause to be paid all costs and charges for work done by it or caused to be done by it, in or to the Premises, for any claim for labor or material or for any other charge or expense, lien or security interest incurred in connection with Tenant's development, construction or operation of the Improvements or any change, alteration or addition thereto made by or on behalf of Tenant. IN THE EVENT THAT ANY MECHANIC'S LIEN SHALL BE FILED, TENANT SHALL EITHER (A) PROCURE THE RELEASE OR DISCHARGE THEREOF WITHIN NINETY (90) DAYS EITHER BY PAYMENT OR IN SUCH OTHER MANNER AS MAY BE Project No. RFP-01296 ACTIVE 48486805v4 10 24 G O PURL/(. �Ky NOTICE This submit',neafls Lobe scheduled fa, a pubic hemig n aocuflaue with flrneunes set fart, Yrtie cifyaf I iary Catle.The appfi®Ge tleelslan-nwkig botyvdt PRESCRIBED BY LAW OR (B) TRANSFER SUCH LIEN TO BOND WITHIN NINE •0) mem ana�anna�AecWmmrtlae FOLLOWING THE FILING THEREOF. NOTICE IS HEREBY GIVEN THAT LANDL �'7r SHR{E.°-7953 NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED t'9,c;%, 24/21 FURNISHED TO THE TENANT OR TO ANYONE HOLDING ANY OF THE P' REVlIEW O�� THROUGH OR UNDER THE TENANT, AND THAT NO MECHANICS' OR OTHER LIENS ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF THE LANDLORD IN AND TO ANY OF THE PREMISES. THE LANDLORD SHALL BE PERMITTED TO POST ANY NOTICES ON THE PREMISES REGARDING SUCH NON -LIABILITY OF THE LANDLORD. • (b) Tenant shall make, or cause to be made, prompt payment of all monies due and legally owing to all persons, firms, and corporations doing any work, furnishing any materials or supplies or renting any equipment to Tenant or any of its contractors or subcontractors in connection with the construction, reconstruction, furnishing, repair, maintenance or operation of the Premises, and in all events will bond or cause to be bonded, with surety companies reasonably satisfactory to Landlord, or pay or cause to be paid in full forthwith, any mechanic's, materialmen's or other lien or encumbrance that arises, due to the actions of Tenant or any person acting on behalf of or under the control of Tenant, against the Premises. (c) Tenant shall have the right to contest any such lien or encumbrance by appropriate proceedings which shall prevent the collection of or other realization upon such lien or encumbrance so contested, and the sale, forfeiture or loss of the Premises to satisfy the same; provided that such contest shall not subject Landlord to the risk of any criminal liability or civil penalty, and provided further that Tenant shall give reasonable security to insure payment of such lien or encumbrance and to prevent any sale or forfeiture of the Premises by reason of such nonpayment, and Tenant shall indemnify Landlord for any such liability or penalty. Upon the termination after final appeal of any proceeding relating to any amount contested by Tenant pursuant to this Section 4.3, Tenant shall pay within a prescribed time any amount determined in such proceeding to be due, and in the event Tenant fails to make such payment, Landlord shall have the right after ten (10) business days' notice to Tenant to make any such payment on behalf of Tenant and charge Tenant therefor. (d) Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, expressed or implied, to or for the performance of any labor or services or the furnishing of any materials for construction, alteration, addition, repair or demolition of or to the Premises or of any part thereof. 4.4. Insurance Requirements. Beginning on the Commencement Date and continuing until the expiration or earlier termination of the Term, Tenant shall at all times obtain and maintain, or cause to be maintained, insurance for Tenant and the Premises as described in Exhibit C, or as otherwise approved in writing by Landlord. ARTICLE V USE OF PREMISES; COVENANTS RUNNING WITH THE LAND 5.1. Use; Covenants. (a) In accordance with and subject to the terms and conditions of this Lease, Tenant and Landlord agree that Tenant shall construct or rehabilitate multifamily residential housing for Project No. RFP 01296 ACTIVE 48486805v4 11 25 PURL/(. �Ky G 0ire low-income, family, elderly, disabled, special needs or other population and use after HUD's approval of Landlord's Applicable Public Housing Requirements Requirements (if and as applicable to the housing in question). . "f' at NOTICE This submittalneaes to be acneau Led hay apubicheanbg accant ace with a me Linn set ram, bathe (Ilya Mari Code. The apple®tYe tleelelon-makig body vall reviewthe inlonmation at the public hewing to render al the taritlonorkfllwl°sl9tn r RpAd0-7953 03/24/21 • "- RF (b) Tenant understands that a financing plan must be submitted to HUD by Septe 30, 2020. In the event such financial plan is not submitted to HUD by the before -mentioned date, may be grounds for termination of this Lease. 1E (c) Tenant covenants, promises, and agrees that commencing on the Commencement Date, during the Term of this Lease, it will operate the Premises and all elements thereof as mixed -used, mixed -income residential housing in compliance with the RAD Requirements, inclusive of a co -management agreement with the Landlord which will be negotiated as part of the Master Development Agreement and shall reflect appropriate allocation of fees and other compensation commensurate with the co -management duties to be performed, for so long as they are applicable (Permitted Use). Without limiting the generality of the foregoing sentence, or the duration of the use restrictions applicable during the Term, Tenant covenants, promises and agrees that: (i) It will (a) enter into the RAD HAP Contract when the same is presented by Landlord; (b) apply to Landlord for renewal of the RAD HAP Contract not later than ninety (90) days prior to the expiration of the RAD HAP Contract or any extension thereof, and (c) accept renewal of the RAD HAP Contract; and failure to do so will be considered a default under this Lease; (ii) During the Term, Tenant will operate and maintain the RAD Units in accordance with the requirements of the RAD Program for so long as the RAD Use Agreement and RAD HAP Contract so require, except to the extent that any requirement may be specifically waived in writing by Landlord and/or HUD, as appropriate; and (iii) Neither the Improvements, nor any part thereof, may be demolished other than (1) in accordance with the RAD Requirements and with prior written approval of Landlord or (2) as part of a restoration from a casualty. Notwithstanding the foregoing, prior to the Commencement Date, the Tenant agrees that Landlord shall have a continued right of entry onto the Premises for the purposes of the Landlord's continued operation of the Improvements and maintenance of the Premises during the period prior to the Commencement Date. Landlord shall, during this period, continue to operate the Improvements in the manner in which Landlord has operated them prior to the Lease Date and shall be responsible for all aspects of maintaining, leasing, operating, insuring and administering the Premises, as provided in Section 3.7 above. If, prior to the Commencement Date, the Premises is destroyed or damaged, or becomes subject to a taking by virtue of eminent domain, to any extent whatsoever, Tenant may, in its sole discretion, terminate this Lease by written notice to the Landlord, whereupon neither party hereto shall have any further rights or obligations hereunder. (d) The provisions of the Applicable Public Housing Requirements and RAD Requirements (if and as applicable), and this Section 5.1, are intended to create a covenant running with the land and, subject to the terms and benefits of the Applicable Public Housing Requirements and RAD Requirements (if and as applicable), to encumber and benefit the Premises and to bind for the Term Landlord and Tenant and each of their successors and assigns Project No. RFP-01296 ACTIVE 48486805v4 12 26 PUeoe 6,1 OP G O a and all subsequent owners of the Premises, including, without limitation, any succeeds to Tenant's interest in the Premises by foreclosure of any Permitte Mortgage or instrument in lieu of foreclosure. (e) In the event of a conflict between the Applicable Public Housing Requireme RAD Requirements and this Lease, the Applicable Public Housing Requirements and RAD Requirements (if and as applicable) shall govern. NOTICE This submittal needs to be scheduled fora pubic hemig h accordancewidi timelines set form In t ealyor iia i Cade. The applicalie deaslon-making bodyxil review einhamadon a at the public heurng to render ity IhwI i oncr r nal dec9m se l� d°-7953 03/24/21 5.2. Residential Improvements. 1EWGDVe (a) From and after the Commencement Date, Tenant shall construct the Improvements on the Land in conformance with the Plans and Specifications. Tenant shall cause the Improvements to be substantially completed and placed in service in accordance with the Governing Documents. Tenant shall construct the Improvements and make such other repairs, renovations and betterments to the Improvements as it may desire (provided that such renovations and betterments do not reduce the number of units or bedroom count at the Premises) all at its sole cost and expense, in accordance with (i) the Governing Documents and (ii) any mortgage encumbering the Tenant's leasehold estate, in a good and workmanlike manner, and in conformity with all applicable federal, state, and local laws, ordinances and regulations. Tenant shall apply for, prosecute, with reasonable diligence, procure or cause to be procured, all necessary approvals, permits, licenses or other authorizations required by applicable governmental authorities having jurisdiction over the Improvements for the construction and/or rehabilitation, development, zoning, use and occupation of the Improvements, including, without limitation, the laying out, installation, maintenance and replacing of the heating, ventilating, air conditioning, mechanical, electrical, elevator, and plumbing systems, fixtures, wires, pipes, conduits, equipment and appliances and water, gas, electric, telephone, drain and other utilities that are customary in developments of this type for use in supplying any such service to and upon the Premises. Landlord shall, without expense to Landlord absent consent therefor, cooperate with Tenant and assist Tenant in obtaining all required licenses, permits, authorizations and the like, and shall sign all papers and documents at any time needed in connection therewith, including without limitation, such instruments as may be required for the laying out, maintaining, repairing, replacing and using of such services or utilities. Any and all buildings, fixtures, improvements, trade fixtures and equipment placed in, on, or upon the Premises shall remain the sole and exclusive property of Tenant and its subtenants, notwithstanding their affixation to, annexation to, or incorporation into the Premises, until the termination of this Lease, at which time title to any such buildings, fixtures, Improvements trade fixtures and equipment that belong to Tenant shall vest in Landlord. (b) Tenant shall take no action to effectuate any material amendments, modifications or any other alterations to the Project proposals and applications, Plans and Specifications, or to increase the total number of Public Housing and/or RAD Units and/or other units, and/or other uses on the Land, unless authorized in accordance with the Governing Documents or otherwise approved by Landlord in writing and in advance. 5.3. Tenant's Obligations. (a) From and after the Commencement Date, Tenant shall, at its sole cost and expense, maintain the Premises, reasonable wear and tear excepted, and make repairs, restorations, and replacements to the Improvements, including without limitation the landscaping, irrigation, heating, ventilating, air conditioning, mechanical, electrical, elevator, and plumbing Project No. RFP-01296 ACTIVE 48486805v4 13 27 systems; structural roof, walls, floors and foundations; and the fixtures and appurte when needed to preserve them in good working order and condition, and regardles the repairs, restorations, and replacements are ordinary or extraordinary, fore unforeseeable, capital or non -capital, or the fault or not the fault of Tenant, its agents, e invitees, visitors, and contractors. All such repairs, restorations, and replacements will b quality and class, as elected by Tenant, either equal to or better than the original work or installations and shall be in accordance with all applicable building codes; provided, however, nothing herein contained shall obligate or hold Tenant responsible for any repairs, restorations, or replacements to the Improvements required as a result of an event, act or omission that occurred or existed prior to the Commencement Date. This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicede decision -making body MI review the information at the public hearing to render a Sas.and� on or a final decal on. hetir0-7953 ot/24/21 (b) Tenant may make any alterations, improvements, or additions to the Premises as Tenant may desire, if the alteration, improvement, or addition will not change the Permitted Use of the Premises. Tenant shall, prior to commencing any such actions, give notice to Landlord and provide Landlord with complete plans and specifications therefor. 5.4. Compliance with Law. (a) From and after the Commencement Date, Tenant shall, at its expense, perform all its activities on the Premises in compliance, and shall cause all occupants of any portion thereof to comply, with all applicable laws (including, but not limited to, Section 255.05, Florida Statutes, Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 and 24 C.F.R. Parts 8 and 9, which prohibit discrimination against persons with disabilities in any program or activity receiving Federal Financial assistance, 24 C.F.R. § 40.4, which establishes the Uniform Federal Accessibility Standards (UFAS) as the standard design, construction, or alteration of residential structures, the Americans with Disabilities Act, and applicable Fair Housing laws and ordinances), ordinances, codes and regulations affecting the Premises or its uses, as the same may be administered by authorized governmental officials. (b) Without limitation of the foregoing, but expressly subject to the provisions of Section 5.4, Tenant agrees to fulfill the responsibilities set forth below with respect to environmental matters: (i) From and after the Commencement Date, Tenant shall operate the Premises in compliance with all Environmental Laws applicable to Tenant relative to the Premises and shall identify, secure and maintain all required governmental permits and licenses as may be necessary for the Premises. All required governmental permits and licenses issued to Tenant and associated with the Premises shall remain in effect or shall be renewed in a timely manner, and Tenant shall comply therewith and cause all third parties to comply therewith. All Hazardous Substances present, handled, generated or used on the Premises will be managed, transported and disposed of in a lawful manner. Tenant shall exercise due care and not cause or allow on or upon the Premises, or as may affect the Premises, any act which may result in the discharge of any waste or hazardous materials in violation of Environmental Laws, or otherwise damage or cause the depreciation in value to the Premises, or any part thereof due to the release of any waste or hazardous materials on or about the Premises in violation of Environmental Laws. Tenant shall not knowingly permit the Premises or any portion thereof to be a site for the use, generation, treatment, manufacture, Project No. RFP-01296 ACTIVE 48486805v4 14 28 storage, disposal or transportation of Hazardous Substances, e amounts as are ordinarily used, stored or generated in similar otherwise knowingly permit the presence of Hazardous Substances in, the Premises in violation of any applicable law. This submittal needs to be scheduled lot a pubic hearig n accordance with timelines set forth„ t e(Xyaf Mari Cade. The appLic lie dectdan-makig bodyadl renew theinIo,, on at the public hearing to=dera in rsyyctrn or 'final decision ects P7? A-7953 de424/21 (li) Tenant shall promptly provide Landlord with copies of all forms, notices and other information concerning any releases, spills or other incidents relating to Hazardous Substances or any violations of Environmental Laws at or relating to the Premises upon discovery of such releases, spills or incidents, when received by Tenant from any government agency or other third party, or when and as supplied to any government agency or other third party. Additionally, Tenant hereby agrees to promptly notify Landlord, in writing, should an accident or incident occur in which any waste and/or hazardous materials are released or otherwise discharged on or about the Premises. 5.5. Ownership of Improvements/Surrender of Premises. From and after the Commencement Date through the end of the Term, Tenant shall be deemed to exclusively own the Improvements and the Personal Property for federal tax purposes, and Tenant alone shall be entitled to all of the tax attributes of ownership thereof, including, without limitation, the right to claim depreciation or cost recovery deductions and the right to claim the low-income housing tax credit described in Section 42 of the Internal Revenue Code, with respect to the Improvements and the Personal Property, and Tenant shall have the right to amortize capital costs and to claim any other federal tax benefits attributable to the Improvements and the Personal Property. Subject to the rights of any Permitted Leasehold Mortgagee, at the expiration or earlier termination of the Term of this Lease or any portion thereof, Tenant shall peaceably leave, quit and surrender the Premises, and the Improvements thereon (or the portion thereof so terminated), subject to the rights of tenants in possession of residential units under leases with Tenant. Upon such expiration or termination, the Premises (or portion thereof so terminated) shall become the sole property of Landlord, at no cost to Landlord, and shall be free of all liens and encumbrances and in the condition set forth in Section 5.3 (consistent with prudent and appropriate property management and maintenance during the Term) and, in the event of a casualty, to the provisions of Article VI. Tenant acknowledges and agrees that upon the expiration or sooner termination of this Lease any and all rights and interests it may have either at law or in equity to the Premises shall immediately cease. 5.6. Easements. Landlord agrees that Landlord shall not unreasonably withhold, condition or delay its consent, and shall join with Tenant from time to time during the Term in the granting of easements affecting the Premises which are for the purpose of providing utility services for the Premises, in accordance with an approved development or redevelopment plan, which easements, shall require the approval of the Board. If any monetary consideration is received by Tenant as a result of the granting of any such easement, such consideration shall be paid to Landlord. As a condition precedent to the exercise by Tenant of any of the powers granted to Tenant in this Section, Tenant shall give notice to Landlord of the action to be taken, shall certify to Landlord, that in Tenant's opinion such action will not adversely affect either the market value of the Premises or the use of the Premises for the Development. Project No. RFP-01296 ACTIVE 48486805v4 15 29 5.7. Transfer; Conveyance; Assignment. (a) Except as otherwise permitted hereunder, Tenant agrees for its successors and assigns in interest hereunder that it will not (1) assign this Lease or a rights under this Lease as to all or any portion of the Premises generally, or (2) make or pe any voluntary or involuntary total or partial sale, lease, assignment, conveyance, mortgage, pledge, encumbrance or other transfer of any or all of the Premises, or the Improvements, or the occupancy and use thereof, other than in accordance with the Applicable Public Housing Requirements and RAD Requirements (if and as applicable) and this Lease (including, but not limited to (i) any sale at foreclosure or by the execution of any judgment of any or all of Tenant's rights hereunder, or (ii) any transfer by operation of law), without first obtaining Landlord's express written consent thereto, which shall not be unreasonably withheld, conditioned or delayed. (b) Tenant shall have the right to sublease any part of the Premises or to partially assign this Lease with respect to any part of the Premises (in either case, referred to herein as a Sublease) to an entity that is a Qualified Assignee, subject to the approval and consent of Landlord, which will not be unreasonably withheld, conditioned or delayed. The sublease agreement shall be in the form attached hereto and made part hereof as Exhibit D to this Lease. No Sublease shall relieve Tenant of any obligations under the terms of this Lease unless a release is granted by Landlord with respect to the portion of the Premises so subleased or assigned. Additionally, each Sublease must be for a use compatible with the Permitted Use. Tenant must give written notice to Landlord specifying the name and address of any Sublessee to which all notices required by this Lease shall be sent, and a copy of the Sublease. Tenant shall provide Landlord with copies of all Subleases entered into by Tenant. Landlord agrees to grant non - disturbance agreements for any Sublessee which will provide that in the event of a termination of this Lease due to an Event of Default committed by the Tenant, such Sublessee will not be disturbed and will be allowed to continue peacefully in possession directly under this Lease as the successor tenant, provided that the Sublessee shall be in compliance with the terms and conditions of its Sublease; and the Sublessee shall agree to attorn to Landlord. Landlord further agrees that it will grant such assurances to such Sublessee so long as it remains in compliance with the terms of its Sublease, and provided further that any such Sublease does not extend beyond the expiration of the Term of this Lease. This submittal needs to be scheduled for a public hearing In accordance welt timelines set forth in the City of Miami Code. The applicede decision -making bodywlll review the information at the public hearing to render a recommendat on or a final decal on. (c) Upon the request of Tenant, Landlord and Tenant agree to modify this Lease so as to create a direct lease between Landlord and the Sublessee, for the subleased or assigned portion of the Premises. Upon such request, Landlord and Tenant will enter into (i) a bifurcation agreement to be negotiated between Tenant and Landlord at a later date pursuant to which this Lease shall be (x) bifurcated into two (2) leases, (y) terminated with respect to the bifurcated portion of the Premises, and (z) amended to equitable and proportionately adjust Rent and the other economic terms of this Lease to reflect the termination of this Lease with respect to such bifurcated portion of the Premises, and (ii) a new lease in the same form as this Lease with respect to the bifurcated portion of the Premises (with Rent and the other economic terms of this Lease equitably adjusted to reflect the lease of such bifurcated portion of the Premises only). In the event of a bifurcation of this Lease hereunder, this Lease and the bifurcated lease shall be separate and independent leases that are not cross -defaulted, and Tenant shall have no further obligations with respect to the bifurcated portion of the Premises, anything herein to the contrary notwithstanding. Project No. RFP-01296 ACTIVE 48486805v4 16 30 5.8. Creatinq Sustainable Buildings. (a) Tenant shall design the Development to be consistent wit certification rating from the U.S. Green Building Council's Leadership in Ene Environmental Design (LEED) or National Green Building Standards (NGBS), but shall no required to obtain a Silver certification rating from LEED or NGBS relative to the Development. Alternatively, standards equivalent to the LEED or NGBS, as adopted by the City of Miami, may apply in satisfaction of the foregoing, including but not limited to those administered by the Florida Housing Finance Corporation. Though Tenants goal is to obtain a certification rating in accordance with this provision, if Tenant does not obtain such certification rating, provided it has used its commercially reasonable efforts to do so, Tenant shall not be in default under this Lease and Landlord shall have no right to enforce the terms of this Section 5.8 or exercise any remedies relative to such absence of a certification rating. This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicade decision -making bodywlll review the information at the public hearing to render a recommendat on or a final decal on. (b) The LEED Silver certification or designation relative to the Development is outlined by the U.S. Green Building Council. Tenant agrees to regularly provide Landlord with copies of any and all records and/or reports (including but not limited to any approvals, rejections and/or comments) from the neutral and independent third -party reviewing the Development relative to the LEED Silver designation from the U.S. Green Building Council or certification from the NGBS or, alternatively, with respect to the standards equivalent to the LEED or NGBS adopted by the City of Miami (if applicable). As noted earlier in this Section 5.8, the Development may not necessarily be constructed in a manner so as to achieve a Silver certification rating from LEED or certification from NGBS or meeting the alternative standards described above. (c) Further, the LEED Silver certification or designation or NGBS certification or alternative standards adopted by the City of Miami is a description or label designed to establish the level of energy efficiency and sustainability for the Improvements in the overall Development; and should substantially improve the "normal" or "regular" energy efficiency and indoor air quality for the overall Development. Beyond these environmentally responsible steps, Tenant specifically agrees to consider additional steps or means to improve and/or protect the environment with regard to the Development, and to inform Landlord of any and all such additional methods or ways that Tenant will utilize "green building standards" in the design and construction of the overall Development in an effort to achieve the important goals of creating a healthy place to work as well as an environmentally responsible development in the community. Tenant's decision whether to incorporate or adopt any such additional steps or means shall be made in Tenant's sole and absolute discretion. ARTICLE VI CASUALTY AND TAKING 6.1. Casualty. In the event the Premises should be destroyed or damaged by fire, windstorm, or other casualty to the extent that the Premises is rendered unfit for the intended purpose of Tenant, Tenant may cancel this Lease after thirty (30) days' notice to Landlord, but only after removing any trash and/or debris therefrom, subject to the terms and provisions of any Permitted Leasehold Mortgage. If the Premises is partially damaged due to any other reason than the causes described immediately above, but the Premises is not rendered unusable for Tenant's purposes, subject to the terms and provisions of any Permitted Leasehold Mortgage, the same shall be repaired by Tenant to the extent Tenant receives sufficient proceeds to complete such Project No. RFP-01296 ACTIVE 48486805v4 17 31 repairs from its insurance carrier under its insurance policy. Any such repairs will within a reasonable time after receipt of such proceeds. If the damage to the Prem so extensive as to render it unusable for Tenant's purposes but shall nonetheless be being repaired within One Hundred Twenty (120) days, subject to the terms and provisio Permitted Leasehold Mortgagee, the damage shall be repaired with due diligence by Tenan the extent Tenant receives sufficient proceeds under its insurance policy to complete such repairs. In the event that a nearby structure(s) or improvement(s) is damaged or destroyed due to Tenant's negligence, Tenant shall be solely liable and responsible to repair and/or compensate the owner for such damage or loss. This submittal needs to be scheduled fora public hearing in cord ante whh timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the pubic hearing to render a pl�fiedtien or a heal deeiAen. hair66°-7953 e of/24/21 Notwithstanding anything contained in this Section 6.1, or otherwise in this Lease to the contrary, as long as the Tenant's leasehold interest is encumbered by any Permitted Leasehold Mortgage, this Lease shall not be terminated by Landlord or Tenant without the prior written consent of the Permitted Leasehold Mortgagee in the event that the Premises is partially or totally destroyed, and, in the event of such partial or total destruction, all insurance proceeds from casualty insurance as provided herein shall be paid to and held by the Permitted Leasehold Mortgagee, or an insurance trustee selected by the Permitted Leasehold Mortgagee, to be used for the purpose of restoration or repair of the Premises, subject to the terms of the Permitted Leasehold Mortgage or other loan documents between Tenant and the Permitted Leasehold Mortgagee. Permitted Leasehold Mortgagee shall have the right to participate in adjustment of losses as to casualty insurance proceeds and any settlement discussion relating to casualty or condemnation. 6.2. Takinq. (a) Notice of Takinq. Upon receipt by either Landlord or Tenant of any notice of Taking, or the institution of any proceedings for Taking the Premises, or any portion thereof, the party receiving such notice shall promptly give notice thereof to the other, and such other party may also appear in such proceeding and may be represented by an attorney. (b) Award. Subject to the rights of the Permitted Leasehold Mortgagees, the Landlord and the Tenant agree that, in the event of a Taking that does not result in the termination of this Lease pursuant to Section 6.2(c) or 6.2(d), this Lease shall continue in effect as to the remainder of the Premises, and the net amounts owed or paid to the Landlord or pursuant to any agreement with any condemning authority which has been made in settlement of any proceeding relating to a Taking, less any costs and expenses incurred by the Landlord in collecting such award or payment (the Award) will be disbursed in accordance with Section 6.2(c) or 6.2(d) (as the case may be) to the Landlord and/or Tenant. The Tenant and, to the extent permitted by law, any Permitted Leasehold Mortgagee, shall have the right to participate in negotiations of and to approve any such settlement with a condemning authority (which approval shall not be unreasonably withheld). (c) Total Takinq. In the event of a permanent Taking of the fee simple interest or title of the Premises, or control of the entire leasehold estate hereunder (a Total Taking), this Lease shall thereupon terminate as of the effective date of such Total Taking, without liability or further recourse to the parties, provided that each party shall remain liable for any obligations required to be performed prior to the effective date of such termination and for any other obligations under this Lease which are expressly intended to survive termination. The Taking of any portion of the Improvements, fifteen percent (15%) or more of the then existing parking area, the Toss of the rights of ingress and egress as then established or the loss of rights to use the easements Project No. RFP-01296 ACTIVE 48486805v4 18 32 benefitting the Premises, shall be, at Tenant's election, but not exclusively consi substantial taking as would render the use of the Premises not suitable for T Notwithstanding any provision of the Lease or by operation of law that leasehold im may be or shall become the property of Landlord at the termination of the Lease, the to building and other improvements paid for by Tenant, the loss of Tenant's leasehold estate such additional relief as may be provided by law shall be the basis of Tenant's damages against the condemning authority if a separate claim therefore is allowable under applicable law, or the basis of Tenant's damages to a portion of the total award if only one award is made. This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicade decision -making body MI review the information saat the public hearing to render a sul're0on or a final decal on. (d) Partial Taking. In the event of a permanent Taking of less than all of the Premises (a Partial Taking), if Tenant reasonably determines that the continued development, use or occupancy of the remainder of the Premises by Tenant cannot reasonably be made to be economically viable, and structurally sound, then Tenant may terminate this Lease, and the Tenant's portion of the Award shall be paid to Tenant, provided that any and all obligations of Tenant have been fully and completely complied with by Tenant as of the date of said Partial Taking. If Tenant shall not elect to terminate this Lease, Tenant shall be entitled to a reduction of Rent of such amount as shall be just and equitable. Subject to the rights of the Permitted Leasehold Mortgagees, if there is a Partial Taking and the Tenant does not terminate this Lease, the Tenant shall be entitled to receive and retain an equitable portion of the Award and shall apply such portion of the Award necessary to repair or restore the Premises or the Improvements as nearly as possible to the condition the Premises or the Improvements were in immediately prior to such Partial Taking. Subject to the rights of the Permitted Leasehold Mortgagees, if there is a Partial Taking which affects the use of the Premises after the Term hereof, the Award shall be apportioned between the Tenant and the Landlord based on the ratio of the remaining Term hereof and the remaining expected useful life of the Premises following the Term hereof. Subject to the rights of the Permitted Leasehold Mortgagees, notwithstanding any provision herein to the contrary, the Landlord shall be entitled to receive and retain any portion of the Award apportioned to the land upon which the Improvements are located. Should such award be insufficient to accomplish the restoration, such additional costs shall be paid by Tenant. Notwithstanding any provision of this Lease or by operation of law that leasehold improvements may be or shall become the property of Landlord at the termination of the Lease, the loss of any building and other Improvements paid for by Tenant and such additional relief as may be provided by law shall be the basis of Tenant's damages against the condemning authority if a separate claim therefore is allowable under applicable law, or the basis of Tenant's damages to a portion of the total award if only one award is made. (e) Resolution of Disagreements. Should Landlord and Tenant be unable to agree as to the division of any singular award or the amount of any reduction of Rent and other charges payable by Tenant under the Lease, such dispute shall be submitted for resolution to the court exercising jurisdiction of the condemnation proceedings, each party bearing its respective costs for such determination. Landlord shall not agree to any settlement in lieu of condemnation with the condemning authority without Tenant's consent. (f) No Existing Condemnation. Landlord represents and warrants that as of the Lease Date and Commencement Date it has no actual or constructive knowledge of any proposed condemnation of any part of the Premises. In the event that subsequent to the Lease Date, but prior to the Commencement Date, a total or partial condemnation either permanent or temporary, is proposed by any competent authority, Tenant shall be under no obligation to commence or continue construction of the Improvements and Rent and other charges, if any, payable by Tenant Project No. RFP-01296 ACTIVE 48486805v4 19 33 under the Lease shall abate until such time as it can be reasonably ascertained that shall not be so affected. In the event the Premises is so affected, Tenant shall be rights, damages and awards pursuant to the appropriate provisions of this Lease. This submittal needs to be scheduled bra public hearing In accordance welt tmatinee set forth in the City of Miami Code. The applicade decision -malting body NC PWew the isten/laon dat the public hearing to render a renis°norahnaldeeiaen. d tdDi0-7953 6.3. Termination upon Non -Restoration. Following a Partial Taking, if a decision is m pursuant to this Article VI that the remaining portion of the Premises is not to be restored, and Tenant shall have determined that the continued development, use or occupancy of the remainder of the Premises by Tenant cannot be made economically viable or structurally sound, Tenant shall surrender the entire remaining portion of the Premises to Landlord and this Lease shall thereupon be terminated without liability or further recourse to the parties hereto, provided that any Rent, impositions and other amounts payable or obligations hereunder owed by Tenant to Landlord as of the date of the Partial Taking shall be paid in full. 03/24/21 ARTICLE VII CONDITION OF PREMISES 7.1. Condition; Title. The Premises are demised and let in an "as is" condition as of the Commencement Date. The Premises are demised and let to Tenant subject to: As -Is. Notwithstanding anything to the contrary contained herein, upon Tenant taking possession of the Premises, Tenant shall be deemed to have accepted the Premises in its "as -is" and "where -is" condition, with any and ail faults, and with the understanding that the Landlord has not offered any implied or expressed warranty as to the condition of the Premises and/or as to it being fit for any particular purpose; provided, however, that the foregoing shall not in any way limit, affect, modify or otherwise impact any of Landlord's representations, warranties and/or obligations contained in this Lease. Tenant shall, within thirty (30) days following the Lease Date, obtain a title commitment to insure Tenant's leasehold interest in the Premises. Tenant shall advise Landlord as to any title matters that Tenant deems objectionable and Landlord shall address same in accordance with Section 7.3, below. 7.2. No Encumbrances. Landlord covenants that Landlord has full right and lawful authority to enter into this Lease in accordance with the terms hereof and to grant the estate demised hereby. Landlord represents and warrants that there are no existing mortgages, deeds of trust, easements, liens, security interests, encumbrances and/or restrictions encumbering Landlord's fee interest in the Land other than the Permitted Encumbrances. Landlord's fee interest shall not hereafter be subordinated to, or made subject to, any mortgage, deed of trust, easement, lien, security interest, encumbrance and/or restriction, except for an encumbrance that expressly provides that it is and shall remain subject and subordinate at all times in lien, operation and otherwise to this Lease and to all renewals, modifications, amendments, consolidations and replacements hereof (including new leases entered into pursuant to the terms hereof and extensions). Landlord covenants that it will not encumber or lien the title of the Premises or cause or permit said title to be encumbered or Iiened in any manner whatsoever, and Tenant may reduce or discharge any such encumbrance or lien by payment or otherwise at any time after giving thirty (30) days' written notice thereof to Landlord. Tenant may recover or recoup all costs and expenses thereof from Landlord if the Landlord fails to discharge any such encumbrance within the said thirty (30) day period. Such recovery or recoupment may, in addition to all other remedies, be made by setting off against the amount of Rent payable by Tenant hereunder. Landlord and Tenant agree to work cooperatively together to create such easements and rights Project No. RFP-01296 ACTIVE 48486805v4 20 34 of way as may be necessary or appropriate for the use of the Premises and the d the Project thereon. This submittal needs to be scheduled bra public hearing In accordance volt timelines set forth in the City of Miami Code. The applicade decision -making bodywlll pWew e intarmatlon at the public hearing to render a thmtm on or a final decivon. PZ-20-7953 7.3. Landlord's Title and Quiet Eniovment. Landlord represents and warrants that La seized in fee simple title to the Premises, free and clear and unencumbered, other than as affe by the Permitted Encumbrances. Landlord covenants that, so long as Tenant pays rent and performs the covenants herein contained on its part to be paid and performed, Tenant will have lawful, quiet and peaceful possession and occupancy of the Premises and all other rights and benefits accruing to Tenant under the Lease throughout the Term, without hindrance or molestation by or on the part of Landlord or anyone claiming through Landlord. So long as Tenant is not in default hereunder beyond any notice and grace period applicable thereto, Tenant's possession of the Premises will not be disturbed by Landlord, its successors and assigns. Landlord further represents and warrants that it has good right, full power and lawful authority to enter into this Lease. Tenant shall have the right to order a title insurance commitment for the Premises. In the event the title insurance commitment shall reflect encumbrances or other conditions not acceptable to Tenant (Defects), then Landlord, upon notification of the Defects, shall immediately and diligently proceed to cure same and shall have a reasonable time within which to cure the Defects. If, after the exercise of all reasonable diligence, Landlord is unable to clear the Defects, then Tenant may accept the Defects or Tenant may terminate the Lease and the parties shall be released from further liability hereunder. Notwithstanding Section 7.3 above, Landlord and its agents, upon reasonable prior notice to Tenant, shall have the right to enter the Premises for purposes of reasonable inspections performed during reasonable business hours in order to assure compliance by Tenant with its obligations under this Lease. ARTICLE VIII DEFAULTS AND TERMINATION 8.1. Default. The occurrence of any of the following events shall constitute an event of default (Event of Default) hereunder: (a) if Tenant fails to pay when due any Rent or other impositions due hereunder pursuant to Article III and any such default shall continue for thirty (30) days after the receipt of written notice thereof by Tenant from Landlord (except where such failure is addressed by another event described in this Section 8.1 as to which lesser notice and grace periods are provided); or (b) if Tenant fails in any material respect to observe or perform any covenant, condition, agreement or obligation hereunder not addressed by any other event described in this Section 8.1, and shall fail to cure, correct or remedy such failure within thirty (30) days after the receipt of written notice thereof, unless such failure cannot be cured by the payment of money and cannot with due diligence be cured within a period of thirty (30) days, in which case such failure shall not be deemed to continue if Tenant proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof within a reasonable period of time; provided, however, that for such time as Landlord or its affiliate is the management agent retained by Tenant, Tenant shall not be in default hereunder due to actions or inactions taken by Landlord or its affiliate in its capacity as the management agent, which impede Tenant's ability to cure such default; or Project No. RFP-01296 ACTIVE 48486805v4 21 35 (c) If any representation or warranty of Tenant set forth in this Lease, in delivered pursuant hereto, or in any notice, certificate, demand, submittal or reques Landlord by Tenant pursuant to this Lease shall prove to be incorrect in any material a respect as of the time when the same shall have been made and the same shall not ha remedied to the reasonable satisfaction of Landlord within thirty (30) days after notice Landlord; or This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicade decision -making body will reWew the intormaton at the public hearing to render a ertif ate°en or a final decivon. ere8 0-7953 r_03/24/21 (d) if Tenant shall be adjudicated bankrupt or be declared insolvent under the Federal Bankruptcy Code or any other federal or state law (as now or hereafter in effect) relating to bankruptcy, insolvency, reorganization, winding -up or adjustment of debts (collectively called Bankruptcy Laws), or if Tenant shall (a) apply for or consent to the appointment of, or the taking of possession by, any receiver, custodian, trustee, United States Trustee or Tenant or liquidator (or other similar official) of Tenant or of any substantial portion of Tenant's property; (b) admit in writing its inability to pay its debts generally as they become due; (c) make a general assignment for the benefit of its creditors; (d) file a petition commencing a voluntary case under or seeking to take advantage of a Bankruptcy Law; or (e) fail to controvert in a timely and appropriate manner, or in writing acquiesce to, any petition commencing an involuntary case against Tenant pursuant to any bankruptcy law; or (e) if an order for relief against Tenant shall be entered in any involuntary case under the Federal Bankruptcy Code or any similar order against Tenant shall be entered pursuant to any other Bankruptcy Law, or if a petition commencing an involuntary case against Tenant or proposing the reorganization of Tenant under the Federal Bankruptcy Code shall be filed in and approved by any court of competent jurisdiction and not be discharged or denied within ninety (90) days after such filing, or if a proceeding or case shall be commenced in any court of competent jurisdiction seeking (a) the liquidation, reorganization, dissolution, winding -up or adjustment of debts of Tenant, (b) the appointment of a receiver, custodian, trustee, United States Trustee or liquidator (or other similar official of Tenant) of any substantial portion of Tenant's property, or (c) any similar relief as to Tenant pursuant to Bankruptcy Law, and any such proceeding or case shall continue undismissed, or any order, judgment or decree approving or ordering any of the foregoing shall be entered and continued unstayed and in effect for ninety (90) days; or (f) Following the Commencement Date, Tenant vacates or abandons the Premises or any substantial part thereof for a period of more than thirty (30) consecutive days (or, if applicable, such longer period as may be permitted in accordance with Section 6.1 or 6.2); or (g) This Lease, the Premises or any part thereof are taken upon execution or by other process of law directed against Tenant, or are taken upon or subjected to any attachment by any creditor of Tenant or claimant against Tenant, and such attachment is not stayed or discharged within ninety (90) days after its levy; or (h) Tenant makes any sale, conveyance, assignment or transfer in violation of this Lease. Notwithstanding anything to the contrary in this Lease, an Event of Default shall not be deemed to have occurred and Tenant shall not be deemed in default under this Lease if HUD fails to pay to Landlord the subsidies contemplated herein or if Landlord fails to pay the subsidies to Tenant pursuant to the RAD HAP Contract, or to meet Landlord's other obligations under this Lease. In the event HUD fails to pay to Landlord the subsidies contemplated herein, then Landlord at its Project No. RFP-01296 ACTIVE 48486805v4 22 36 sole discretion will (i) re -negotiate the terms of this Lease with the Tenant or (ii) use for redevelopment of the Premises, subject to the approval of the Board.. This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicede decision -making body MI review the interne -don at the public hearing to render a rmet r fonorafinaldecWon. 8.2. Remedies for Tenant's Default. Upon or after the occurrence of any Event of Defa is not cured within any applicable cure period, and so long as same remains uncured, Lan may terminate this Lease by providing not less than thirty (30) days' written notice (which notice may be contemporaneous with any notice provided under Section 8.1) to Tenant, setting forth Tenant's uncured, continuing default and Landlord's intent to exercise its rights to terminate, whereupon this Lease shall terminate on the termination date therein set forth unless Tenant's default has been cured before such termination date. Upon such termination, Tenant's interest in the Premises shall automatically revert to Landlord, Tenant shall promptly quit and surrender the Premises to Landlord, without cost to Landlord, and Landlord may, without demand and further notice, reenter and take possession of the Premises, or any part thereof, and repossess the same as Landlord's former estate by summary proceedings, ejectment or otherwise without being deemed guilty of any manner of trespass and without prejudice to any remedies which Landlord might otherwise have for arrearages of Rent or other impositions hereunder or for a prior breach of the provisions of this Lease. The obligations of Tenant under this Lease which arose prior to termination shall survive such termination. In lieu of termination of the Lease, Landlord may at its sole option and in its sole discretion choose to petition a court of competent jurisdiction for the appointment of a receiver for the purpose of (1) taking any and all remedial measures needed to remediate any conditions that are directly related to Tenant's default and (2) to take other measures to assure any project component or the overall project(s) are operating in a sound management and financial condition meeting the needs and requirements of the households being assisted directly or under the auspices of Landlord. Tenant shall have no responsibility or liability for any remedial measures taken pursuant to this provision by Landlord or any other third party not affiliated with Tenant. PZ-20-7953 8.3. Termination by Landlord. In addition to the Events of Default described in Section 8.1 above, the occurrence of any of the following shall also give Landlord the right to terminate this Lease by providing not less than thirty (30) days' written notice to Tenant setting forth Landlord's intent to exercise its right to terminate this Lease: (a) Tenant fails to cause the Commencement Date to occur, within eleven (11) months following the Lease Date. (b) Tenant and Landlord fail to obtain final approval by the Board of any amendments to this Lease necessary to achieve the Commencement Date within eleven (11) months following the Lease Date (or such later date as may be mutually agreed to by the parties), which shall be within the Board's sole discretion, except as otherwise provided herein. (c) Institution of proceedings in voluntary bankruptcy by the Tenant. (d) Institution of proceedings in involuntary bankruptcy against the Tenant if such proceedings continue for a period of ninety (90) days or more. (e) Assignment of this Lease by Tenant for the benefit of creditors. (f) A final determination of termination of this Lease in a court of law in favor of the Landlord in litigation instituted by the Tenant against the Landlord, or brought by the Landlord against Tenant. Project No. RFP-01296 ACTIVE 48486805v4 23 37 (g) Tenant's failure to cure, within thirty (30) days following Tenant's rec notice from Landlord, a condition posing a threat to health or safety of the public o such longer period if the default is not capable of being cured in such 30 day period). This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicade decision -making bodywlll r New they �into�rmnpa�tqotlnaatit the public hearing to render a of wl ttel l on or a final deciaon. 8.4. Remedies Following Termination. Upon termination of this Lease, Landlord may: POO-7953 03/24/21 (a) retain, at the time of such termination, any Rent or other impositions paid hereunder, without any deduction, offset or recoupment whatsoever; and (b) enforce its rights under any bond outstanding at the time of such termination; and (c) require Tenant to deliver to Landlord, or otherwise effectively transfer to Landlord any and all governmental approvals and permits, and any and all rights of possession, ownership or control Tenant may have in and to, any and all financing arrangements, plans, specifications, and other technical documents or materials related to the Premises. 8.5. Regulatory Default. Notwithstanding anything herein to the contrary, the terms of this Section shall apply to any default declared as a result of any failure by Tenant to comply with the provisions of Section 5.1. Upon a determination by Landlord that Tenant has materially breached or defaulted on any of the obligations under Section 5.1 (a Regulatory Default), Landlord shall notify Tenant of (i) the nature of the Regulatory Default, (ii) the actions required to be taken by Tenant in order to cure the Regulatory Default, and (iii) the time, (a minimum of sixty (60) days or such additional time period as may be reasonable under the circumstances), within which Tenant shall respond with reasonable evidence to Landlord that all such required actions have been taken. (a) If Tenant shall have failed to respond or take the appropriate corrective action with respect to a Regulatory Default to the reasonable satisfaction of Landlord within the applicable time period, then Landlord shall have the right to terminate the Lease or seek other legal or equitable remedies as Landlord determines in its sole discretion; provided, however, that if prior to the end of the applicable time period, Tenant seeks a declaratory judgment or other order from a court having jurisdiction that Tenant shall not have incurred a Regulatory Default, Landlord shall not terminate this Lease during the pendency of such action. (b) In addition to and not in limitation of the foregoing, if Landlord shall determine that a Regulatory Default shall have occurred by reason of a default by Tenant's management agent, and that Tenant shall have failed to respond or take corrective action to the reasonable satisfaction of Landlord within the applicable cure period, then Landlord may require Tenant to take such actions as are necessary in order to terminate the appointment of the management agent pursuant to the terms of its management agreement and to appoint a successor management agent of the Premises. In the event that Tenant fails to timely take such action to terminate the management agent and appoint a successor management agent, then Tenant's failure to act shall constitute a default under this Agreement. 8.6. Performance by Landlord. Except as otherwise expressly set forth herein, if Tenant shall fail to make any payment or perform any act required under this Lease, Landlord may (but need not) after giving not less than thirty (30) days' notice (except in case of emergencies and except where a shorter time period is specified elsewhere in this Lease) to Tenant and without waiving any default or releasing Tenant from any obligations, cure such default for the account of Tenant. Project No. RFP-01296 ACTIVE 48486805v4 24 38 Tenant shall promptly pay Landlord the amount of such charges, costs and expens shall have incurred in curing such default. This submittal needs to be scheduled bra public hearing in accordance whh timelines set forth in the City of Miami Code. The applicable decision -making bcclywill review the inntlonnat nn11at thepubUc hearing to render Lan/fy'IRAtlppauon or a hnal tlecision. 11PJJZt[ --20-7953 8.7. Costs and Damages. Tenant shall be liable to, and shall reimburse, Landlord for all actual reasonable expenditures incurred and for any and all actual damages suffere Landlord in connection with any Event of Default, collection of Rent or other impositions owed under this Lease, the remedying of any default under this Lease or any termination of this Lease, unless such termination is caused by the default of Landlord, including all costs, claims, losses, liabilities, damages and expenses (including without limitation, reasonable attorneys' fees and costs) incurred by Landlord as a result thereof. 8.8. Remedies Cumulative. The absence in this Lease of any enumeration of events of default by Landlord or remedies of either party with respect to money damages or specific performance shall not constitute a waiver by either party of its right to assert any claim or remedy available to it under law or in equity. 8.9. Permitted Leasehold Mortgages. Neither the Tenant nor any permitted successor in interest to the Premises or any part thereof shall, without the prior written consent of the Landlord in each instance, engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Premises, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Premises, except for the Permitted Encumbrances and the leasehold mortgages securing the loans which will be obtained by Tenant for renovation, redevelopment and/or construction of the Improvements and closed on or about the Commencement Date (the Permitted Leasehold Mortgages). With respect to the Permitted Leasehold Mortgages, the following provisions shall apply: (a) When giving notice to the Tenant with respect to any default under the provisions of this Lease, the Landlord will also send a copy of such notice to the holder of each Permitted Leasehold Mortgage (each a Permitted Leasehold Mortgagee), provided that each such Permitted Leasehold Mortgagee shall have delivered to the Landlord in writing a notice naming itself as the holder of a Permitted Leasehold Mortgage and registering the name and post office address to which all notices and other communications to it may be addressed. (b) Each Permitted Leasehold Mortgagee shall be permitted, but not obligated, to cure any default by the Tenant under this Lease within the same period of time specified for the Tenant to cure such default. The Tenant authorizes each Permitted Leasehold Mortgagee to take any such action at such Permitted Leasehold Mortgagee's option and does hereby authorize entry upon the Premises for such purpose. (c) The Landlord agrees to accept payment or performance by any Permitted Leasehold Mortgagee as though the same had been done by the Tenant. (d) In the case of a default by the Tenant other than in the payment of money, and provided that a Permitted Leasehold Mortgagee has commenced to cure the default and is proceeding with due diligence to cure the default, the Landlord will refrain from terminating this Lease for a reasonable period of time (not to exceed 120 days from the date of the notice of default, unless (i) such cure cannot reasonably be completed within 120 days from the date of the notice of default, and (ii) if the default is curable without possession of the Premises, a Permitted Leasehold Mortgagee continues to diligently pursue such cure to the reasonable satisfaction of the Landlord) within which time the Permitted Leasehold Mortgagee may either (x) obtain Project No. RFP-01296 ACTIVE 48486805v4 25 39 possession of the Premises (including possession by receiver); (y) institut proceedings and complete such foreclosure; or (z) otherwise acquire the Tenant's i this Lease. The Permitted Leasehold Mortgagee shall not be required to con possession or continue such foreclosure proceedings if the default which was the subj notice shall have been cured. Notwithstanding the foregoing, the Landlord will refrain terminating this Lease in the event such Permitted Leasehold Mortgagee is enjoined or stayed in such possession or such foreclosure proceedings, and provided that the Permitted Leasehold Mortgagee has delivered to Landlord copies of any and all orders enjoining or staying such action, Landlord will grant such Permitted Leasehold Mortgagee such additional time as is required for such Permitted Leasehold Mortgagee to complete steps to acquire or sell Tenant's leasehold estate and interest in this Lease by foreclosure of its Permitted Leasehold Mortgage or by other appropriate means with due diligence; however, nothing in this Section shall be construed to extend this Lease beyond the Term. This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicade decision -making bodywlll reWew formation at the public hearing to render c r r reonorahnal decivon. t ur? &0-7953 u d/24/21 (e) Any Permitted Leasehold Mortgagee or other acquirer of Tenant's leasehold estate and interest in this Lease pursuant to foreclosure, an assignment in lieu of foreclosure or other proceedings, any of which are permitted without the Landlord's consent, may, upon acquiring the Tenant's leasehold estate and interest in this Lease, without further consent of the Landlord and without HUD's consent, unless otherwise required by Applicable Public Housing Requirements or RAD Requirements (if and as applicable), sell and assign the leasehold estate and interest in this Lease on such terms and to such persons and organizations as are acceptable to such Permitted Leasehold Mortgagee or acquirer and thereafter be relieved of all obligations under this Lease, provided such assignee has delivered to the Landlord its written agreement to be bound by all of the provisions of this Lease. Permitted Leasehold Mortgagee, or its nominee or designee, shall also have the right to further assign, sublease or sublet all or any part of the leasehold interest hereunder to a third party without the consent or approval of Landlord. (f) In the event of a termination of this Lease prior to its stated expiration date, the Landlord will enter into a new lease for the Premises with the Permitted Leasehold Mortgagee (or its nominee), for the remainder of the Term, effective as of the date of such termination, at the same Rent payment and subject to the same covenants and agreements, terms, provisions, and limitations herein contained, provided that: (i) The Landlord receives the Permitted Leasehold Mortgagee's written request for such new lease within 30 days from the date of such termination and notice thereof by the Landlord to the Permitted Leasehold Mortgagee (including an itemization of amounts then due and owing to the Landlord under this Lease), and such written request from the Permitted Leasehold Mortgagee to Landlord is accompanied by payment to the Landlord of all amounts then due and owing to Landlord under this Lease, less the net income collected by the Landlord from the Premises subsequent to the date of termination of this Lease and prior to the execution and delivery of the new lease, any excess of such net income over the aforesaid sums and expenses to be applied in payment of the Rent payment thereafter becoming due under the new lease; provided, however, that the Permitted Leasehold Mortgagee shall receive full credit for all capitalized lease and Rent payments previously delivered by the Tenant to the Landlord; (ii) Within t 0 days after the delivery of an accounting therefor by the Landlord, Permitted Leasehold Mortgagee pays any and ail costs and expenses incurred by the Landlord in connection with the execution and delivery of the new lease; Project No. RFP-01296 ACTIVE 48486805v4 26 40 (iii) Upon the execution and delivery of the new lease at the made in (1) and (2) above, all subleases which thereafter may have been a transferred to the Landlord shall thereupon be assigned and transferred witho by the Landlord to the Permitted Leasehold Mortgagee (or its nominee), as "Tenant"; and This submittal needs to be scheduled bra public hearing In accordance whh timelines set forth in the City of Miami Code. The applicade decision -making body will yew the Information at the public hearing to render a mewrtmei tlati on or a final deciv on. ed arid°-7953 rs/24/21 (iv) If a Permitted Leasehold Mortgagee acquires the leasehold estate created hereunder or otherwise acquires possession of the Premises pursuant to available legal remedies, Landlord will look to such holder to perform the obligations of Tenant hereunder only from and after the date of foreclosure or possession and will not hold such holder responsible for the past actions or inactions of the prior Tenant. Permitted Leasehold Mortgagee's liability shall be limited to the value of such Permitted Leasehold Mortgagee's interest in this Lease and in the leasehold estate created thereby. Notwithstanding the foregoing and to the extent permitted by Section 42 of the Internal Revenue Tax Code, any deadline to complete construction of the Improvements set forth in this Lease shall be extended for such period of time as may be reasonably required by the Permitted Leasehold Mortgagee or its nominee to complete construction. ARTICLE IX SOVEREIGNTY AND POLICE POWERS 9.1. County as Sovereign. It is expressly understood that notwithstanding any provision of this Lease and the Landlord's status thereunder: (a) The Landlord retains all of its sovereign prerogatives and rights as a county under Florida laws and shall in no way be estopped from withholding or refusing to issue any approvals of applications for tax exemption, building, zoning, planning or development under present or future laws and regulations of whatever nature applicable to the planning, design, construction and development of the Premises or the operation thereof, or be liable for the same; and (b) The Landlord shall not by virtue of this Lease be obligated to grant the Tenant any approvals of applications for tax emption, building, zoning, planning or development under present or future laws and ordinances of whatever nature applicable to the planning, design, construction, development and/or operation of the Premises. 9.2. No Liability for Exercise of Police Power. Notwithstanding and prevailing over any contrary provision in this Lease, or any Landlord covenant or obligation that may be contained in this Lease, or any implied or perceived duty or obligation including but not limited to the following: (a) To cooperate with, or provide good faith, diligent, reasonable or other similar efforts to assist the Tenant, regardless of the purpose required for such cooperation; (b) To execute documents or give approvals, regardless of the purpose required for such execution or approvals; (c) To apply for or assist the Tenant in applying for any county, city or third party permit or needed approval; or Project No. RFP-01296 ACTIVE 48486805v4 27 41 (d) To contest, defend against, or assist the Tenant in contesting or def any challenge of any nature; shall not bind the Board of County Commissioners, the Planning and Zoning Departmen the Property Appraiser or any other county, city, federal or state department or autho committee or agency to grant or leave in effect any tax exemptions, zoning changes, variances, permits, waivers, contract amendments, or any other approvals that may be granted, withheld or revoked in the discretion of the Landlord or any other applicable governmental agencies in the exercise of its police power; and the Landlord shall be released and held harmless, by the Tenant from and against any liability, responsibility, claims, consequential or other damages, or losses to the Tenant or to any third parties resulting from denial, withholding or revocation (in whole or in part) of any zoning or other changes, variances, permits, waivers, amendments, or approvals of any kind or nature whatsoever. Without limiting the foregoing, the parties recognize that the approval of any building permit and/or certificate of occupancy or tax exemption by Landlord in its capacity as a governmental authority will require the Landlord to exercise its quasi-judicial or police powers. Notwithstanding any other provision of this Lease, the Landlord, in its capacity as a governmental authority exercising police powers, shall have no obligation to approve, in whole or in part, any application for any type of tax exemption, permit, license, zoning or any other type of matter requiring government approval or waiver. The Landlord's obligation to use reasonable good faith efforts in the permitting of the use of County -owned property shall not extend to any exercise of quasi-judicial or police powers, and shall be limited solely to the contractual obligations of Landlord in its capacity as the fee owner of the Land and contract party to this Lease or ministerial actions, including the timely acceptance and processing of any requests or inquiries by Tenant as authorized by this Lease. Moreover, in no event shall a failure of the Landlord to adopt any of the Tenant's request or application for any type of permit, license, zoning or any other type of matter requiring government approval or waiver in the exercise of police powers be construed a breach or default of this Lease. This submittal needs to be scheduled bra public hearing In accordance volt timelines set forth in the City of Miami Code. The applicede decision -ma Xing body MI Wew the Intormapon al the public hearing to render a againston or a final decal on g GI I�. GI IP�Z`-20-7953 9.3. Support For Entitlements. Notwithstanding anything contained in this Article IX to the contrary, recognizing the public and private benefits afforded by the Project, Landlord agrees, as the fee simple owner of the Land, to cooperate with Tenant in obtaining the Entitlements, provided that Tenant shall be solely responsible for all costs incurred in connection with the Entitlements. Provided that the Entitlements and Project are consistent with Tenant's response to the RFP, Landlord's cooperation shall include, without limitation, (i) joining in and submitting applications and other required documentation for the Entitlements to the applicable governmental authority with jurisdiction over the Premises, (ii) granting and/or joining in any plat, covenants in lieu of unity of title, permit, authorization, approval, temporary or permanent easements, restrictive covenants, easement vacations or modifications, and such other applications or documents, as may be necessary or desirable for Tenant to develop the Premises with the Project and use the Premises for the Permitted Use, (iii) supporting the Entitlements, redevelopment of the Land and development of the Project through periodic written and in person appearances public meetings and hearings, including periodically speaking in support of same, and (iv) obtaining any required approvals from the Board. Project No. RFP-01296 ACTIVE 4848$805v4 28 42 ARTICLE X PUBLIC RECORDS ACT This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Cede. The applicede decision -making body MI review the information at the public hearing to render a recommendation or a final decal on. 10.1 As it relates to this Lease and any subsequent agreements and other documents related to the Development, Tenant and any of its subsidiaries, pursuant to Section 119.0701, Florida Statutes, shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by Landlord in order to perform the service; (b) Upon request of from Landlord's custodian of public records identified herein, provide the public with access to public records on the same terms and conditions that Landlord would provide the records and at a cost that does not exceed the cost provided in the Florida Public Records Act, Miami -Dade County Administrative Order No. 4-48, or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Lease's term and following completion of the work under this Lease if Tenant does not transfer the records to Landlord; and (d) Meet all requirements for retaining public records and transfer to Landlord, at no cost to Landlord, all public records created, received, maintained and/or directly related to the performance of this Lease that are in possession of Tenant upon termination of this Lease. Upon termination of this Lease, Tenant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Landlord in a format that is compatible with the information technology systems of Landlord. For purposes of this Article X, the term "public records"' shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of Landlord. in the event Tenant does not comply with the public records disclosure requirements set forth in Section 119.0701, Florida Statutes, and this Article X, Landlord shall avail itself of the remedies set forth in Section 8.2 of this Lease. Project No. RFP-01296 ACTIVE 48486805v4 29 43 IF TENANT HAS QUESTIONS REGARDING THE APPLICATION OF C FLORIDA STATUTES, TO TENANT'S DUTY TO PROVIDE PUBLIC RECORDS TO THIS LEASE, PLEASE CONTACT LANDLORD'S CUSTODIAN OF PUBLIC AT: Miami -Dade County Miami -Dade Public Housing and Community Development 701 N.W. 1st Court, 16th Floor Miami, Florida 33136 Attention: Lizette Capote Email: LCAPOTE(miamidade.gov This submittal needs to be scheduled fora pubijc hearing in accordance whh timelines set forth in the City of Miami Code. The applicalfe decision- ,I,Ing botlywlll E„f;t-Ijplo}drilat thepu fnahearingn rentlere [i[i;;�\d1_L11f...,p7,,.dationorxhealtlecitlon. -IR620-7953 ARTICLE XI RIGHT OF FIRST OFFER; RIGHT OF FIRST REFUSAL 11.1. Landlord's Intent to Market Premises. The "Right of First Refusal' and "Right of First Offer" shall be negotiated and made part of the Master Development Agreement. 11.2. Right of First Refusal. The "Right of First Refusal' and "Right of First Offer" shall be negotiated and made part of the Master Development Agreement. 11.3 Mortgagee Notice. Tenant shall provide notice to every applicable Permitted Leasehold Mortgagee as to its election to acquire the Premises pursuant to Sections 11.1 or 11.2, above. Such notice shall be delivered within five (5) days following Tenant's notice to Landlord evidencing its intent to purchase the Premises. 11.4 Mortgagee Rights. Tenant's rights with respect to any option to purchase the Premises as set forth in this Section 11 shall be assignable to and may be exercised by any Permitted Leasehold Mortgagee which succeeds in interest to the Tenant, without requiring any consent or approval by Landlord. ARTICLE XII INDEPENDENT PRIVATE INSPECTOR GENERAL AND MIAMI-DADE COUNTY INSPECTOR GENERAL REVIEWS 12.1. Inspector General. (a) Independent Private Inspector General Reviews: Pursuant to Miami -Dade County Administrative Order 3-20, the Landlord has the right to retain the services of an Independent Private Sector Inspector General (hereinafter IPSIG), whenever the Landlord deems it appropriate to do so. Upon written notice from the Landlord, the Tenant shall make available to the IPSIG retained by the Landlord, all requested records and documentation pertaining to this Lease for inspection and reproduction. The Landlord shall be responsible for the payment of these IPSIG services, and under no circumstance shall the Tenant incur any charges relating to these IPSIG services. The terms of this provision herein, apply to the Tenant, its officers, agents, employees, subcontractors and assignees. Nothing contained in this provision shall impair any independent right of the Landlord to conduct an audit or investigate the operations, activities and performance Project No. RFP-01296 ACTIVE 48486805v4 30 44 of the Tenant in connection with this Lease. The terms of this Section shall not impo on the Landlord by the Tenant or any third party. (b) Miami -Dade County Inspector General Review: According to Section 2-10 Code of Miami -Dade County, as amended by Ordinance No. 99-63, Miami -Dade County established the Office of the Inspector General (Inspector General), which may, on a random basis, perform audits on all Miami -Dade County agreements, throughout the duration of said agreements, except as otherwise provided below. This submittal needs to be scheduled fora pubic hearing in accordance wth timelines set forth in the City of Miami Code. The applicable decision -making bcclywill the intonnadon at the pubic hearing to render a yelia ilfty- orahnaldeeiAen. PZ-20-7953 Nothing contained above shall in any way limit the powers of the Inspector General to perform audits on all Miami -Dade County agreements including, but not limited to, those agreements specifically exempted above. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed Landlord and Tenant contracts, transactions, accounts, records, agreements and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in conformance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to a contract. The Inspector General is empowered to retain the services of an IPSIG to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process, including but not limited to project design, specifications, proposal submittals, activities of the Tenant, its officers, agents and employees, lobbyists, Landlord staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption. Upon written notice to the Tenant from the Inspector General or IPSIG retained by the Inspector General, the Tenant shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Tenant's possession, custody or control which, in the Inspector General's or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements form and which successful and unsuccessful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back -charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. ARTICLE XIII ADDITIONAL PROVISIONS PERTAINING TO REMEDIES 13.1 Reinstatement. Notwithstanding anything to the contrary contained in the Lease, in the event Landlord exercises its remedies pursuant to Article VII I and terminates this Lease following an Event of Default, Tenant may, within 90 days following such termination reinstate this Lease for the balance of the Term by paying to Landlord an amount equal to the actual damages incurred by Landlord as a result of the breach that resulted in such termination and any actual costs or Project No. RFP-01296 ACTIVE 48486805v4 31 45 expenses incurred by Landlord as a result of such reinstatement of this Lease, if sole and absolute discretion of the Landlord. This submittal needs to be scheduled bra public hearing in accordance whh timelines set forth in the City of Miami Cede. The applicable decision -making bodywill -iedthe information at the pubic hearing to render a ti €o theion or a final decitlon. 13.2 Notice. Notwithstanding anything to the contrary contained in the Lease, Land not exercise any of its remedies hereunder without having given notice of the Event of Defau other breach or default to the Investor (following the admission of the Investor) simultaneously with the giving of notice to Tenant as required under the provisions of Article VIII of the Lease. The Investor shall be given all of the same cure rights as a Permitted Leasehold Mortgagee under this Lease. If the Investor elects to cure the Event of Default or other breach or default, Landlord agrees to accept such performance as though the same had been done or performed by Tenant, in Landlord's reasonable discretion. PZ-20-7953 13.3 Investor. Notwithstanding anything to the contrary contained in the Lease, following the admission of the Investor, the Investor shall be deemed a third -party beneficiary of the provisions of this Section for the sole and exclusive purpose of entitling the Investor to exercise its rights to notice and cure, as expressly stated herein. The foregoing right of the Investor to be a third -party beneficiary under the Lease shall be the only right of Investor (express or implied) to be a third - party beneficiary hereunder. Such third party beneficiary status shall terminate in the entirety upon the exit of such investor including the acquisition of the building improvements by Landlord or Landlord's designee under a Purchase Option Agreement or Right of First Refusal Agreement to be negotiated at a later date as set forth in Article XI of this Lease. 13.4 New Manager. Notwithstanding anything to the contrary contained in the Lease, Landlord agrees that it will take no action to effect a termination of the Lease by reason of any Event of Default or any other breach or default without first giving to the Investor reasonable time, not to exceed 120 days, to replace Tenant's manager and/or admit an additional manager and cause the new manager to cure the Event of Default or other breach or default; provided, however, that as a condition of such forbearance, Landlord must receive notice from the Investor of the substitution or admission of a new manager of Tenant reasonably acceptable to Landlord within 30 days following Landlord's notice to Tenant and the Investor of the Event of Default or other breach or default, and Tenant, following such substitution or admission of the manager, shall thereupon proceed with due diligence to cure such Event of Default or other breach or default. In no event, however, shall Landlord be required to engage in the forbearance described in this section for a period longer than six (6) months, regardless of the due diligence of the Investor or the new manager. ARTICLE XIV LANDLORD'S AUTHORITY 14.1. Designation of Landlord's Representatives. The Miami -Dade County Mayor, or his or her designee, shall have the power, authority and right, on behalf of the Landlord, in its capacity as Landlord hereunder, and without any further resolution or action of the Board of County Commissioners, to: (a) Review and approve documents, plans, applications, lease assignments and requests required or allowed by Tenant to be submitted to Landlord pursuant to this Lease; Project No. RFP-01296 ACTIVE 48486805v4 32 46 (b) Consent or agree to actions, events, and undertakings by Tenant or time periods for which consent or agreement is required by Landlord, including, but extending the date by which the Commencement Date must occur under Section 8.3) extensions of time for the performance of any obligation by Tenant hereunder; This submittal needs to be scheduled fora public hearing In accordance wAh timelines set forth in the City of Miami Code. The applicade decialon-making bodywlll reWewthe Information at the public hearing to render a nsi o nsen ar a hnal deeisen. m iteap20-7953 i „p3/24/21 (c) Execute any and all documents on behalf of Landlord necessary or convenient to the foregoing approvals, consents, and appointments; (d) Assist Tenant with and execute on behalf of Landlord any applications or other documents, needed to comply with applicable regulatory procedures and to secure financing, Entitlements, permits or other approvals to accomplish the construction of any and all improvements in and refurbishments of the Premises, (e) Amend this Lease and any Subleases (and related recognition and non - disturbance agreements) to correct any typographical or non -material errors, to address revisions or supplements hereto of a non -material nature or to carry out the purposes of this Lease; (f) Execute Subleases with Qualified Assignees, including any amendments, extensions, and modifications thereto, and/or the lease bifurcation documents contemplated by Section 5.7; and (g) Execute recognition and non -disturbance agreements and issue estoppel statements as provided elsewhere in this Lease. ARTICLE XV HUD -REQUIRED RAD PROVISIONS 15.1. HUD -Required RAD Provisions. In addition to entering into this Lease, Landlord and Tenant also contemplate the provision of rental assistance to the Development pursuant to a RAD HAP Contract. If a RAD HAP Contract is entered into, HUD will require Landlord and Tenant to enter into a RAD Use Agreement in connection with the provision of rental assistance to the Development. Notwithstanding any other clause or provision in this Lease, upon execution of the RAD Use Agreement and for so long as the RAD Use Agreement is in effect, the following provisions shall apply: (a) This Lease shall in all respects be subordinate to the RAD Use Agreement. Subordination continues in effect with respect to any future amendment, extension, renewal, or any other modification of the RAD Use Agreement or this Lease. (b) If any of the provisions of this Lease conflict with the terms of the RAD Use Agreement, the provisions of the RAD Use Agreement shall control. (c) The provisions in this Section 15.1 are required to be inserted into this Lease by HUD and may not be amended without HUD's prior written approval. (d) Violation of the RAD Use Agreement constitutes a default of this Lease. • (e) Notwithstanding any other contract, document or other arrangement, upon termination of this Lease, title to the real property leased herein shall remain vested in Landlord Project No. RFP-01296 ACTIVE 48486805v4 33 47 and title to the buildings, fixtures, improvements, trade fixtures and equipment t Tenant shall vest in Landlord. Ef) Neither the Tenant nor any of its partners or members shall have any aut (i) Take any action in violation of the RAD Use Agreement; or This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicade decision -making bodywlll review the information at the public hearing to render a el o"t ° on or a final deciv on. Z-20-7953 (li) Fail to renew the RAD HAP Contract upon such terms and conditions applicable at the time of renewal when offered for renewal by the Landlord or HUD; or (Hi) Except to the extent permitted by the RAD HAP Contract or the RAD Use Agreement and the normal operation of the Development (e.g., in connection with a Sublease to a Qualified Assignee), neither the Tenant nor any partners or members shall have any authority without the consent of Landlord to sell, transfer, convey, assign, mortgage, pledge, sublease, or otherwise dispose of, at any time, the Development or any part thereof. ARTICLE XVI MISCELLANEOUS 16.1. Construction. Landlord and Tenant agree that all the provisions hereof are to be construed as covenants and agreements as though the words importing such covenants and agreements were used in each separate section thereof. 16.2. Performance Under Protest. In the event of a dispute or difference between Landlord and Tenant as to any obligation which either may assert the other is obligated to perform or do, then the party against whom such obligation is asserted shall have the right and privilege to carry out and perform the obligation so asserted against it without being considered a volunteer or deemed to have admitted the correctness of the claim, and shall have the right to bring an appropriate action at law, equity or otherwise against the other for the recovery of any sums expended in the performance thereof and in any such action, the successful party shall be entitled to recover in addition to all other recoveries such reasonable attorneys' fees as may be awarded by the court of law. 16.3. Compliance with Governing Requirements. Notwithstanding anything to the contrary herein, Landlord and Tenant hereby agree to comply with any and all applicable HUD notice and consent requirements set forth in the Governing Documents by providing notice to HUD as required in the Governing Documents. 16.4. No Waiver. Failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said party of any of its rights hereunder. No waiver by either party at any time, express or implied, of any breach of any other provision of this Lease shall be deemed a waiver of a breach of any other provision of this Lease or a consent to any subsequent breach of the same or any other provision. If any action by either party shall require the consent or approval of the other party, the other party's consent to or approval of such action on any one occasion shall not be deemed a consent to or approval of said action on any subsequent occasion. Any and all rights and remedies which either party may have under this Lease or by operation of law, either at law or in equity, upon any breach, shall be distinct, separate and cumulative and shall not be deemed Project No. RFP-01296 ACTIVE 48486805v4 34 48 inconsistent with each other; and no one of them whether exercised by said party o deemed to be in exclusion of any other; and two or more or all of such rights and r be exercised at the same time. This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicade decision -making bodysalll reAcw the intormaton at the public hearing to render a shaPIp" donorahnaIdeciven. es 1FA 0-7953 03/24/21 16.5. Headings. The headings used for the various articles and sections of this Lease are u only as a matter of convenience for reference, and are not to be construed as part of this Lease or to be used in determining the intent of the parties of this Lease. 16.6. Partial Invalidity. If any terms, covenant, provision or condition of this Lease or the application thereof to any person or circumstances shall be declared invalid or unenforceable by the final ruling of a court of competent jurisdiction having final review, the remaining terms, covenants, provisions and conditions of this Lease and their application to persons or circumstances shall not be affected thereby and shall continue to be enforced and recognized as valid agreements of the parties, and in the place of such invalid or unenforceable provision there shall be substituted a like, but valid and enforceable, provision which comports to the findings of the aforesaid court and most nearly accomplishes the original intention of the parties. 16.7. Decision Standards. In any approval, consent or other determination by any party required under any provision of this Lease, the party shall act reasonably, in good faith and in a timely manner, unless a different standard is explicitly stated. 16.8. Bind and Inure. Unless repugnant to the context, the words Landlord and Tenant shall be construed to mean the original parties, their respective successors and assigns and those claiming through or under them respectively. The agreements and conditions in this Lease contained on the part of Tenant to be performed and observed shall be binding upon Tenant and its successors and assigns and shall inure to the benefit of Landlord and its successors and assigns, and the agreements and conditions in this Lease contained on the part of Landlord to be performed and observed shall be binding upon Landlord and its successors and assigns and shall inure to the benefit of Tenant and its successors and assigns. No holder of a mortgage of the leasehold interest hereunder shall be deemed to be the holder of said leasehold estate until such holder shall have acquired indefeasible title to said leasehold estate. 16.9. Estoppel Certificate. Each party agrees from time to time, upon no Tess than fifteen (15) days' prior notice from the other or from any Permitted Leasehold Mortgagee, to execute, acknowledge and deliver to the other, as the case may be, a statement certifying that (i) this Lease is unmodified and in full force and effect (or, if there have been any modifications, that the same is in full force and effect as modified and stating the modifications), (ii) the dates to which the Rent has been paid, and that no additional rent or other payments are due under this Lease (or if additional rent or other payments are due, the nature and amount of the same), and (iii) whether there exists any uncured default by the other party, or any defense, offset, or counterclaim against the other party, and, if so, the nature of such default, defense, offset or counterclaim. 16.10. Recordation. Simultaneously with the delivery of the Lease the parties have delivered a memorandum, notice or short -form of this Lease or this Lease which Tenant shall record in the appropriate office of the Public Records of Miami -Dade County. If this Lease is terminated before the Term expires, the parties shall execute, deliver and record an instrument acknowledging such fact and the date of termination of this Lease. 16.11. Notice. Any notice, request, demand, consent, approval, or other communication required or permitted under this Lease shall be in writing, may be delivered on behalf of a party by such Project No. RFP-01296 ACTIVE 48486805v4 35 49 party's counsel, and shall be deemed given when received, if (i) delivered by han registered or certified mail, return receipt requested, or (iii) sent by recognized ove service such as Federal Express, addressed as follows: : If to the Landlord: and a copy to: and a copy to: If to Tenant: and a copy to: Miami -Dade County c/o Miami -Dade Public Housing and Community Development 701 N.W. 1st Court, 16th Floor Miami, Florida 33136 Attn: Michael Liu, Director This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicede decision -making body MI review the information at the public hearing to render a sea ti,rtlad on or a final deciv on. Miami -Dade County Attorney's Office 111 N.W. 1st Street, Suite 2810 Miami, Florida 33128 Attn: Terrence A. Smith, Esq. Assistant County Attorney Miami -Dade County Internal Services Department, Strategic Procurement Division Attention: Chief Procurement Officer 111 N.W. 1st Street, Suite 1375 Miami, FL 33128-1974 Phone: (305) 375-4900 E-mail: Namita.Uppal(a7miamidade.gov Rainbow Redevelopment, LLC c/o Housing Trust Group, LLC 3225 Aviation Avenue, 6th Floor Coconut Grove, Florida 33133 Attn: Matthew A. Rieger Greenberg Traurig, P.A. 333 SE 2nd Avenue Miami, Florida Attn: Ryan Bailine and Nancy B. Lash A party may change its address by giving written notice to the other party as specified herein. 16.12. Entire Agreement. This instrument contains all the agreements made between the parties hereto with respect to the subject matter hereof and may not be modified in any other manner than by an instrument in writing executed by the parties or their respective successors in interest. 16.13. Amendment. This Lease may be amended by mutual agreement of Landlord and Tenant, provided that all amendments must be in writing and signed by both parties and that no amendment shall impair the obligations of Tenant to develop and operate the Premises. Tenant and Landlord hereby expressly stipulate and agree that, they will not modify this Lease in any way nor cancel or terminate this Lease by mutual agreement nor will Tenant surrender its interest in this Lease, including but not limited to pursuant to the provisions of Section 6.3, without the prior written consent of all Permitted Leasehold Mortgagees and, following the admission of the Investor, the Tenant's Investor. No amendment to or termination of this Lease shall become effective without all such required consents. Tenant and Landlord further agree that they will not, Project No. RFP-01296 ACTIVE 48486805v4 36 50 respectively, take advantage of any provisions of the United States Bankruptcy Co result in a termination of this Lease or make it unenforceable. 16.14. Governing Law, Forum, and Jurisdiction. This Lease shall be governed and con accordance with the laws of the State of Florida. Any dispute arising from this Lease o contractual relationship between the Parties shall be decided solely and exclusively by State or Federal courts located in Miami -Dade County, Florida. This submittal needs to be scheduled bra public hearing In accordance whh timelines set forth in the City of Miami Cede. The applicade decision -making body MI reWew the Information at the public hearing to render a atmuton or a final deciv on. PZ-20-7953 16.15. Relationship of Parties; No Third Party Beneficiary. The parties hereto expressly declare that, in connection with the activities and operations contemplated by this Lease, they are neither partners nor joint venturers, nor does a principal/agent relationship exist between them. 16.16. Access. Tenant agrees to grant a right of access to the Landlord or any of its authorized representatives, with respect to any books, documents, papers, or other records related to this Lease in order to make audits, examinations, excerpts, and transcripts until 3 years after the termination date of this Lease. 16.17. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 16.18. Non -Merger. Except upon expiration of the Term or upon termination of this Lease pursuant to an express right of termination set forth herein, there shall be no merger of either this Lease or Tenant's estate created hereunder with the fee estate of the Premises or any part thereof by reason of the fact that the same person may acquire, own or hold, directly or indirectly, (a) this Lease, Tenant's estate created hereunder or any interest in this Lease or Tenant's estate (including the Improvements), and (b) the fee estate in the Premises or any part thereof or any interest in such fee estate (including the Improvements), unless and until all persons, including any assignee of Landlord and, having an interest in (i) this Lease or Tenant's estate created hereunder, and (ii) the fee estate in the Premises or any part thereof, shall join in a written instrument effecting such merger and shall duly record the same. 16.19. Compliance with Governing Documents. Notwithstanding anything to the contrary herein, Landlord and Tenant hereby agree to comply with any and all applicable HUD notice and consent requirements set forth in the Governing Documents by providing notice to HUD as required in the Governing Documents. 16.20. Vendor Registration. The Tenant shall be a registered vendor with the County — Internal Services Department, Strategic Procurement Division, for the duration of this Agreement. In becoming a registered vendor with Miami -Dade County, the Contractor confirms its knowledge of and commitment to comply with the following: 1. Miami -Dade County Ownership Disclosure Affidavit (Section 2-8.1 of the Code of Miami -Dade County) 2. Miami -Dade County Employment Disclosure Affidavit (Section 2.8.1(d)(2) of the Code of Miami -Dade County) 3. Miami -Dade County Employment Drug -free Workplace Project No. RFP-01296 ACTIVE 48486805v4 37 Certification (Section 2-8.1.2(b) of the Code of Miami -Dade County) 4. Miami -Dade County Disability and Nondiscrimination Affidavit (Section 2-8.1.5 of the Code of Miami -Dade County) 51 5. Miami -Dade County Debarment Disclosure Affidavit (Section 10.38 of the Code of Miami -Dade County) 6. Miami -Dade County Vendor Obligation to County Affidavit (Section 2-8.1 of the Code of Miami -bade County) 7. Miami -Dade County Code of Business Ethics Affidavit (Sections 2-8.1(i), 2-11.1(b)(1) through (6) and (9), and 2- 11.1(c) of the Code of Miami -Dade County) 11. Miami -Dade County E Verify Affidavit (Executive Order 11-116) 12. Miami -Dade County Pay Parity Affidavit (Resolution R 1072 17) 13. Miami -Dade County Suspected Workers' Compensation Fraud Affidavit (Resolution R-919-18) 14. Subcontracting Practices (Section 2-8.8 of the Code of Miami -Dade County) 15. Subcontractor/Supplier Listing (Section 2-8.1 of the Code of Miami -Dade County) 16. Form W-9 and 147c Letter (as required by the Internal Revenue Service) 17. FEIN Number or Social Security Number In order to establish a file, the Contractor's Federal Employer Identification Number (FEIN) must be provided. if no FEiN exists, the Social Security Number of the owner or individual must be provided. This number becomes Contractor's "County Vendor Number". To comply with Section 1 /9.071(5) of the Florida Statutes 8. Miami -Dade County Family Leave (Article V of Chapter 11 of the Co County) This submittal needs to be scheduled bra public hearing in accordance whh timelines set forth in the City of Miami Cede. The applicable decision -making bcclywill rphew the intorrnation at the pubUc hearing to render a vit recommendation or a final decitlon. 9. Miami -Dade County Living Wage Affidavi (Section 2-8.9 of the Code of Miami -Dade County) iami-40-7953 03/24/21 10. Miami -Dade County Domestic Leave and Reporting Affidavit (Article VIII, Section 11A-60 - 11A-67 of the Code of Miami -Dade County) relating to the collection of an individual's Social Security Number, be aware that the County requests the Social Security Number for the following purposes: • Identification of individual account records • To make payments to individual/Contractor for goods and services provided to Miami -Dade County • Tax reporting purposes • To provide a unique identifier in the vendor database that may be used for searching and sorting departmental records 18. Office of the Inspector General (Section 2-1076 of the Code of Miami -Dade County) 19. Small Business Enterprises The County endeavors to obtain the participation of all small business enterprises pursuant to Sections 2- 8.1.1.1.1, 2-8.1.1.1.2 and 2-8.2.2 of the Code of Miami - Dade County and Title 49 of the Code of Federal Regulations. 20. Antitrust Laws By acceptance of any contract, the Contractor agrees to comply with all antitrust laws of the United States and the State of Florida 16.21. Conflict of Interest and Code of Ethics. Section 2-11.1(d) of the Code of Miami -Dade County requires that any County employee or any member of the employee's immediate family who has a controlling financial interest, direct or indirect, with Miami -Dade County or any person or agency acting for Miami -Dade County, competing or applying for a contract, must first request a conflict of interest opinion from the County's Ethics Commission prior to their or their immediate family member's entering into any contract or transacting any business through a firm, corporation, partnership or business entity in which the employee or any member of the employee's immediate family has a controlling financial interest, direct or indirect, with Miami - Dade County or any person or agency acting for Miami -Dade County. Any such contract or business engagement entered in violation of this subsection, as amended, shall be rendered voidable. All autonomous personnel, quasi-judicial personnel, advisory personnel, and employees wishing to do business with the County are hereby advised they must comply with the applicable provisions of Section 2-11.1 of the Code of Miami -Dade County relating to Conflict of Interest and Code of Ethics. in accordance with Section 2-11.1 (y), the Miami -Dade County Commission on Ethics and Public Trust (Ethics Commission) shall be empowered to review, interpret, render advisory opinions and letters of instruction and enforce the Conflict of Interest and Code of Ethics Ordinance. Project No. RFP-01296 ACTIVE 48486805v4 (SIGNATURES ON FOLLOWING PAGE) 38 52 IN WITNESS WHEREOF, the parties or their duly authorized representat execute this Agreement on the date first written above. TENANT: LANDLORD: Rainbow Redevelopment, LLC, Miami -Dade County a Florida limited liability company By: Name: Title: Date: Attest: Matt . Rieger Manager 3 obeto Online Notary: ❑ (Check Box if acknowledgment done by Online Notarization) 39 By: Name: Title: Date: Attest: This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicade decision -making body MI review the information at the public hearing to render a herreco 'tlad on or a final decal on. y20-7953 Carlos A. Gimenez Mayor Clerk of the Board Approved as to form and legal sufficiency Terrence A. Smith Assistant County Attorney 53 Signed, sealed and delivered in the presence of: Witness: / rs� Print Name:! I-, a. Witness: Print Name: E! `vjeQr This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicede decision -making body MI review the information at the public hearing to render a recommended on or a final decal on. TENANT: RAINBOW REDEVELOPMENT, I"LC, Florida limited lia.ility;mpany By: Name: Matthew A. em : r Title: Manager Date: 5 / W2.0 Attest: Corporate Secretary/Notary Public Corporate Seal/Notary Seal EXHIBIT A Land Project Name: Rainbow Village and Gwen Cherry 23C Folio Number: 01-3125-063-0020 Legal Description:• 25 53 41 TOWNPARK SUBDIVISION 1 PB 85-31 / U. R. PROJECT FLA R-10 1 TRACTS 2 & 3 & TR 22 OF U R PROJECT FLA R-10 OF PB 91-88 LOT SIZE 452717 SQ FT MIL 40 This submittal needs to be scheduled bra pu bhp hesnng In accordance wdh tmelines set forth in the City of Miami Code The sppbcs de demon ma Xing body MI review the Information at the public hesnng to render s recommended on or a final decision EXHIBIT B Rent (Revenue and Income Streams Schedule) Project No. RFP-01296, Redevelopment of Rainbow Village and Gwen Cherry 23C This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicade decision -making bodywlll review the information at the public hearing to render a recommended on or a final decal on. The Tenant shall pay to the County for the use of the Land, revenue and income streams, as noted below and indicated in Exhibit B, subject to negotiations during the Master Development Agreement and Long -Term Lease Agreement: A. Lump Sum Ground Lease Payment The Tenant shall state its proposed Lump Sum Ground Lease Payment for the use of the Land. Such Lump Sum Ground Lease Payment with respect to each phase of the Project shall be received by the County from the Tenant at Financial Closing date for such phase of the Project. Project Proposed Lump Sum Ground Lease Payment: Rainbow Village & Gwen Cherry 23C Scenario A: $10,030,000 ($10K per unit); Scenario B: $20,435,000 ($10K per mixed -income housing unit and $25K per market rate unit) B. Share of RevenueslNet Cash Flow The Tenant shall provide a proposed share of cash flow for the Project. Such Share of Cash Flow shall be received by the County from the Tenant, after stabilization period, about one year after issuance of Certificate of Occupancy, without billing, through end date of the Agreement. Project Proposed Share of Revenues/Net Cash Flow (%) Rainbow Village & Gwen Cherry 23C Scenario AIB: 35% of Net Cash Flow paid to the Developer for the LUHTC developments will be allocated to Landlord. C. Percentage of Developer Fees The Tenant shall state its proposed percentage of developer fees, at a minimum of 30% of developer fees, for the Project. Such percentage of developer fees shall be received by the County, or the non-profit community development partner (if applicable), from the Tenant at the same time it is received by the Developer and in accordance with Safe Harbor Standards. Project Proposed Percentage of Developer Fees (%) Rainbow Village & Gwen Cherry 23C Scenario AIB: 30% shall be received by the County D. Davis -Bacon Review Fee The Tenant shall include in its proposal a $1,700 per month fee to be paid to PHCD during all phases of construction of the Project for Davis -Bacon Compliance Review fee. The first payment shall be due 30 days after the construction of the Project have begun. 41 56 Project Rainbow Village & Gwen Cherry 23C Notes: (1) Revenue and Income streams Schedule is firm and fixed during the ground lease agreement period, unless the County requests and agrees to contractual changes. (2) The Ground Lease Payment Schedule above shall be exclusive from any developing, financing, operating, or maintenance costs of the Project. (3) Any proposed payments indicated above are subject to further negotiation by the County with Tenant, at the County's sole discretion. Davis -Bacon Review Fee $1,700 per month during construction This submittal needs to be scheduled bra public hearing In accordance whh timelines set forth in the City of Miami Code. The applicade decision -making body will c hearing to render a recommendation or ati al decal on. EXHIBIT C Insurance Requirements This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicade decision -making body MI review the information at the public hearing to render a recommendation or a final decal on. (a) Prior to the commencement of construction by Tenant, Tenant shall furnish an Risk Builder's Risk Completed Value Form" policy for the full completed insurable value of the Premises in form satisfactory to Landlord. The policy shall be in the name of Miami Dade County and the Tenant, or the Contractor. (b) The Tenant shall furnish to the Internal Services Department, Strategic Procurement Division, 111 NW 1st Street, Suite 1300, Miami, Florida 33128, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. D. Professional Liability Insurance in the name of the Tenant or the licensed design professional employed by the Tenant in an amount not less than $1,000,000 per claim. This insurance shall be maintained for a period of two (2) years after the County's acceptance of the applicable Improvements from the Tenant. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "A-" as to management, and no less than "Class VII" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. Project No. RFP-01296 ACTIVE 48486805v4 43 58 NOTE: MIAMI-DADE COUNTY RFP NUMBER AND TITLE OF RFP MUS ON EACH CERTIFICATE. CERTIFICATE HOLDER MUST READ: MIAMI-DADE COUNTY 111 NW 1st STREET SUITE 2340 MIAMI, FL 33128 This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicede decision -making body MI review the information at the public hearing to render a EARmmendadon or a final deeiaon. PZ-20-7953 Compliance with the foregoing requirements shall not relieve Tenant of their liability and obligation under this section or under any other section of this agreement Execution of this Lease is contingent upon the receipt of the insurance documents, as required, within fifteen (15) calendar days after Landlord's notification to Tenant to comply before the award is made. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Lease, the Tenant shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the County. If the Tenant fails to submit the required insurance documents in the manner prescribed in this Lease within twenty (20) calendar days after Landlord's notification to comply, it shall be an Event of Default pursuant to the Lease. The Tenant shall be responsible for assuring that the insurance certificates required in conjunction with this Exhibit remain in force for the duration of the Term of the Lease, including any and all option years or extension periods that may be granted by the Landlord. If insurance certificates are scheduled to expire during the Term, the Tenant shall be responsible for submitting new or renewed insurance certificates to the Landlord at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the Landlord shall provide thirty (30) days written notice to Tenant to cure the noncompliance. In the event Tenant does not replace the expired certificates with new or renewed certificates which cover the contractual period, it shall be an Event of Default pursuant to the Lease. (c) The Tenant agrees to cooperate with the Landlord in obtaining the benefits of any insurance or other proceeds lawfully or equitably payable to the Landlord in connection with this Lease. (d) The "All Risk Builder's Risk Completed Value Form" policy with respect to the Premises shall be converted to an "all risk" or comprehensive insurance policy upon completion of the Improvements, naming Landlord as an additional insured thereunder and shall insure the Project in an amount not less than the full insurable replacement value of the Premises. The Tenant hereby agrees that all insurance proceeds from the All Risk Builder Risk Completed Value Form policy (or if converted, the "all risk" or comprehensive policy) shall be used to restore, replace or rebuild the Improvements, if the Tenant determines that it is in its best interest to do so, subject to the requirements of any approved mortgage lien holder's rights secured against the Premises and subject further to the terms of Article VI of the Lease. (e) All such insurance policies shall contain (i) an agreement by the insurer that it will not cancel the policy without delivering prior written notice of cancellation to each named insured and loss payee thirty (30) days prior to canceling the insurance policy; and (ii) endorsements that the rights of the named insured(s) to receive and collect the insurance proceeds under the policies shall not be diminished because of any additional insurance coverage carried by the Tenant for its own account. 44 59 {f) If the Premises is located in a federally designated flood plain, an ac insurance policy shall also be delivered to the Landlord, providing coverage in th amount reasonable necessary to insure against the risk of loss from damage to the caused by a flood. This submittal needs to be scheduled bra public hearing In accordance whh timelines set forth in the City of Miami Code. The applicade decision -making body MI reWew the infoorrnroWtlroonn at the public hearing to render a o ble ff on or. final aeeiaen. PZ-20-7953 ximum e03/24/21 (g) Neither the Landlord nor the Tenant shall be liable to the other (or to any insurance company insuring the other party), for payment of losses insured by insurance policies benefiting the parties suffering such Toss or damage, even though such loss or damage might have been caused by the negligence of the other party, its agents or employees. f 45 60 EXHIBIT D Form of Sublease SUBLEASE AGREEMENT This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicade decision -making bodywlll review the information at the public hearing to render a recommendation or a final decal on. THIS SUBLEASE AGREEMENT ("Sublease") dated effective as of the day of , is made by and between RAINBOW REDEVELOPMENT, LLC, a Florida limited liability company (hereinafter called the "Sublessor") and a (hereinafter called the "Sublessee"). WHEREAS, the Sublessor is in rightful possession of certain real property located in Miami -Dade County, Florida, as more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (the "Leased Property") pursuant to that certain Ground Lease dated as of (as may be amended, the "Master Lease"), by and between Miami -Dade County, a political subdivision of the State of Florida, through the Department of Public Housing and Community Development, as Landlord therein (the "Landlord") and Sublessor, as tenant therein; and WHEREAS, Sublessor and Sublessee acknowledge that a true and correct copy of the Master Lease thereof has been provided by Sublessor and accepted by Sublessee, and the parties agree that the provisions of said Master Lease are incorporated herein by reference; and WHEREAS, the Sublessor wishes to sublease to the Sublessee the portion of the Leased Property which is as more particularly described on Exhibit "B" attached hereto and incorporated herein by reference (the "Demised Premises"), on the same terms and conditions as set forth in the Master Lease, except as modified hereby: NOW, THEREFORE, in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Recitals; Defined Terms. The above Recitals are true and correct and are hereby incorporated herein by reference. Capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the Master Lease. 2. Sublease. The Sublessor hereby subleases to the Sublessee, and the Sublessee hereby leases from Sublessor, the Demised Premises. 3. Term. The term of this Sublease shall be co -terminus with the Master Lease, commencing on the date hereof and ending on the date which is seventy-five (75) years from the Lease Date. The obligation to pay Rent shall begin on the date on which the Sublessee closes on the construction financing and tax credit syndication for its contemplated development (the "Commencement Date"). In any event, the term of this Sublease shall expire upon the expiration of the term of the Master Lease. Anything to the contrary herein notwithstanding, Sublessor may terminate this Sublease by written notice to Sublessee given at any time after , if by such date Sublessee has not received an award of % low income housing tax credits from the Florida Housing Finance Corporation. 46 61 4. Rent. Sublessee hereby agrees to pay to Sublessor as Rent, under a one-time capitalized lease payment, to be paid upon the Commencement Date, i of $ (the "Capitalized Payment"), which amount is calculated by mul number of units (i.e., ) times $ . If greater or fewer than u constructed at the Demised Premises, the Capitalized Payment shall be adjusted on a unit - unit basis; provided, however, that to the extent Rent is paid directly by Sublessee to Landlord, the Sublessee's obligations to pay Rent under this Section 4 shall be satisfied. As and when the Rent is due and payable under the Master Lease, Sublessee shall pay such Rent directly to Landlord, which shall satisfy the obligations of Sublessee to otherwise have paid the Rent to Sublessor. It is the intention of this Sublease that the Sublessee shall be liable for the payment with respect to the units to be developed at the Demised Premises of all Rent and impositions becoming due and payable under the Master Lease by Sublessor to Landlord, during the term of this Sublease. To that end, Sublessee shall make all payments of Rent and impositions directly to Landlord. Provided, however, that there shall be no obligation on the part of Sublessee (or any successor of Sublessee) for the payment of any such Rent or other impositions which shall become due and payable with respect to any portion of the Demised Premises transferred subsequent to the termination of Sublessee's possession of any portion of the Demised Premises, or transfer of Sublessee's rights, under the terms of this Sublease and the termination or expiration of this Sublease. This submittal needs to be scheduled bra pubic hearing in accordance wth timelines set forth in the City of Miami Code. The applicable decision -making body will review the Intel -ma -bon at the pubic hearing to render a ubI#eion or a final decision. • amour 0-7953 bo6/24/21 5. Relationship to Master Lease. This agreement is a sublease and is subject to all the provisions in the Master Lease. Neither Sublessor nor Sublessee shall commit or permit to be committed any act or omission that will violate any provisions of the Master Lease with respect to the Demised Premises. Except with regard to rights of sublessees and the rights or obligations of Landlord, as set forth in the Master Lease, if the Master Lease terminates with respect to the Demised Premises, this Sublease shall terminate, and the parties shall be relieved from all liabilities and obligations under this Sublease, except with respect to any obligations which specifically survive the termination or expiration of this Sublease. This Sublease is made expressly subject to the terms, covenants and conditions of the Master Lease, and Sublessee expressly assumes any and all of the obligations of Sublessor under the Master Lease with respect to the Demised Premises, and agrees to be subject to all conditions and restrictions to which Sublessor is subject including, but not limited to, the obligation for the development, use and operation of every part of the Demised Premises. Any act required to be performed by Sublessor pursuant to the terms of the Master Lease in respect of the Demised Premises shall be performed by Sublessee and the performance of such act shall be deemed to be performed by Sublessor and shall be accepted by Landlord as Sublessor's act, provided such act is otherwise performed in accordance with the terms of the Master Lease. Nothing herein contained shall be construed to modify, waive, impair or otherwise affect any of the covenants, agreements, terms, provisions or conditions in the Master Lease (except as herein expressly provided), and all covenants, agreements, terms, provisions and conditions of the Master Lease are hereby mutually declared to be in full force and effect. It is the express intention of the parties of this Sublease that the Master Lease is incorporated into this Sublease and Sublessee, and not Sublessor, shall be responsible for all provisions of the Master Lease in respect of the Demised Premises as if they were fully set forth in this Sublease. 6. Rights of Sublessee. Sublessee (and all succeeding and successor transferees) shall succeed to all rights and obligations of Sublessor under the Master Lease with respect to the Demised Premises, including but not limited to the right to mortgage, encumber and otherwise assign and further sublease the Demised Premises, subject, however, to all 47 62 duties and obligations of Sublessor as set forth in the Master Lease, and subje hereof. 7. Further Sublet. Subject to the Master Lease, the Sublessee may further s Demised Premises or any part thereof to residential and retail tenants under unrecorded lease with rights as tenants only, without the prior written consent of Sublessor. This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicede decision -making body MI review the information at the public hearing to render a he tdrm doionorahnaldecivon 0-7953 8. Public Liability Insurance. The Sublessee agrees to maintain the insurance in respect of the Demised Premises in the types and amounts described in the Master Lease and shall name Sublessor as an additional insured under all such policies. Coverages required by this section shall be evidenced by certificates of insurance from insurance companies reasonably acceptable to Sublessor showing the requisite liability limits and shall specify that Sublessee's insurance policies shall not be modified, altered, canceled or allowed to expire or lapse without thirty (30) days prior notice to Sublessor. Sublessor is to be held harmless, from and against any and all liability, losses, and damages suffered or incurred by Sublessor by reasons directly (a) arising out of or (b) caused by Sublessee, in connection with Sublessee's occupancy of the Demised Premises, excepting loss and/or injury caused by the acts, negligence or omissions of the Sublessor, its servants, agents or representatives. 9. Sublessor's Representations and Warranties. Sublessor hereby represents and warrants to Sublessee that, as of the date hereof: (a) It has full power and authority to enter into this Sublease and perform in accordance with its terms and provisions and that the parties signing this Sublease on behalf of Sublessor have the authority to bind Sublessor and to enter into this transaction and Sublessor has taken all requisite action and steps to legally authorize it to execute, deliver and perform pursuant to this Sublease. (b) Sublessor will deliver possession of the Demised Premises to Sublessee, and, at all times, keep the Demised Premises free and clear of any and all liens, mortgages, encumbrances, tenancies and occupancies of every nature whatsoever. (c) Sublessor is the current lessee under the Master Lease. (d) Sublessor has not made, caused or incurred, or allowed any other to make, cause or incur, any assignment, sale, sublease, disposition or transfer or any right, title, and/or interest in, to, and under the Master Lease of the Demised Premises (other than that which may have been made to Sublessee), or any claim, demand, obligation, liability, action or cause of action in any way pertaining to the Master Lease or the Demised Premises. (e) There are no existing mortgages, encumbrances or liens on Sublessor's leasehold interest and Sublessor will not hereafter subordinate to or mortgage or encumber its leasehold interest. 10. Sublessee's Representations and Warranties. Sublessee hereby represents and warrants to Sublessor that, as of the date hereof, Sublessee has full power and authority to enter into this Sublease and perform in accordance with its terms and provisions and that the parties signing this Sublease on behalf of Sublessee have the authority to bind Sublessee and to enter into this transaction and Sublessee has taken all requisite action and steps to legally authorize it to execute, deliver and perform pursuant to this Sublease. 48 63 11. Events of Default of Sublessee. The occurrence of any of the folio an "Event of Default" of Sublessee hereunder: This submittal needs to be scheduled bra public hearing in accordance whh timelines set forth in the City of Miami Code. The applicable decision -making bcclywill review the intonnation at thepubUc hearing to render shaaitm or a find i deciv PPon. Z 0-7953 03/24/21 J (a) Default is made in the due and punctual payment of the Rent pa Sublessor under this Sublease when and as the same shall become due and payable and su default shall continue for a period of ninety (90) days after written notice thereof from Sublessor to Sublessee. (b) Default is made by Sublessee in keeping, observing or performing any of the terms contained in this Sublease, excepting the obligation to pay the Rent, and such default shall continue for a period of ninety (90) days after written notice thereof from Sublessor to Sublessee setting forth with reasonable specificity the nature of the alleged breach; or in the case of such default or contingency which cannot with due diligence and in good faith be cured within ninety (90) days, Sublessee fails within said ninety (90) day period to proceed promptly and with due diligence and in good faith to pursue curing said default. (c) Any default in the obligations of Sublessor under the Master Lease relating to the Demised Premises, other than (i) an obligation which can only be performed by Sublessor thereunder or (ii) a default which is caused by Sublessor. 12. Failure to Cure Default by Sublessee. If an Event of Default of Sublessee shall occur, Sublessor, at any time after the periods set forth in Section 11 (a) or (b) and provided Sublessee has failed to cure such Event of Default within such applicable period, or in the case of such default or contingency which cannot with due diligence and in good faith be cured within ninety (90) days, Sublessee fails within said ninety (90) day period to proceed promptly and with due diligence and in good faith to pursue curing said default, shall, have the following rights and remedies, which are cumulative: (a) In addition to any and all other remedies, in law or in equity, or as set forth in this Sublease, that Sublessor may have against Sublessee, Sublessor shall be entitled to sue Sublessee for all damages, costs and expenses arising from Sublessee's committing an Event of Default hereunder and to recover all such damages, costs and expenses, including reasonable attorneys' fees at both trial and appellate levels. (b) To restrain, by injunction, the commission of or attempt or threatened commission of an Event of Default of Sublessee and to obtain a decree specifically compelling performance of any such term or provision of this Sublease without notice to Sublessor or the necessity of posting a bond. 13. Events of Default of Sublessor. It shall be an Event of Default of Sublessor, if default shall be made by Sublessor in keeping, observing or performing any of the duties imposed upon Sublessor pursuant to the terms of this Sublease and such default shall continue for a period of ninety (90) days after written notice thereof from Sublessee to Sublessor setting forth with reasonable specificity the nature of the alleged breach; or, in the case of any such default or contingency which cannot, with due diligence and in good faith, be cured within ninety (90) days, Sublessor fails within said ninety (90) day period to proceed promptly after such notice and with due diligence and in good faith to cure said Event of Default. If an Event of Default of Sublessor shall occur, Sublessee, at any time after the period set forth in this Section 13, shall have the following rights and remedies which are cumulative: 49 64 (a) To restrain, by injunction, the commission of or attempt or threatene of an Event of Default of Sublessor and to obtain a decree specifically compelling of any such term or provision of this Sublease without notice to Sublessor or the n posting a bond. (b) In the event that the Sublessor's default is of a nature which makes performance of this Sublease impossible, Sublessee may terminate any and all obligations that Sublessee may have under this Sublease, in which event Sublessee shall be released and relieved from any and all liability under this Sublease and shall surrender possession of the Demised Premises to Sublessor. 14. Power of Attorney -Sublessor. (a) Subject to Sublessor's prior approval of any instrument or document described in this Section, which approval shall not be unreasonably withheld, Sublessor hereby irrevocably constitutes Sublessee its true and lawful attorney in fact in its name, place and stead to make, execute, swear to, acknowledge, deliver and file: This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicade decision -making body MI review the information at the public hearing to render a r-on or a final decal on. (i) Any instrument which may be required to be filed by the Sublessor under the terms of the Master Lease, or which Sublessee deems advisable to file under the terms of the Master Lease; (ii) Any documents which may be required or appropriate to amend the terms of the Master Lease, to effect the continuation of the Master Lease, or the termination of the Master Lease; or (iii) Any document necessary or proper to carry out the intent of the Sublessor's powers and/or duties. (b) The above power of attorney: (i) Is a special power of attorney coupled with an interest, is irrevocable and will survive the dissolution of the Sublessor or any other event; and (ii) May be exercised by the Sublessee on behalf of Sublessor by an actual or facsimile signature of a duly authorized representative of the Sublessee. (c) Upon the request of Sublessee, the Sublessor shall from time to time execute a separate power of attorney that may be necessary or proper to permit the above -listed powers to be exercised, and any document which the Sublessee would be authorized to execute by virtue of any such powers. 15. Discharge of Liens. Sublessor is not authorized to contract for or on behalf of itself or Sublessee for work or the furnishing of materials to the Demised Premises. Sublessor shall discharge of record by payment, bond or otherwise, within five (5) days subsequent to the date of its receipt of notice thereof from Sublessee, any mechanic's, laborer's or similar lien filed against the Demised Premises for work or materials claimed to have been furnished at the instance of Sublessor. If Sublessor shall fail to cause such lien or claim of lien to be so discharged or bonded within such period, in addition to any other right or remedy it may have, Sublessee may, but shall not be obligated to, discharge the same by paying the amount claimed to be due or by procuring the discharge of such lien or claim by deposit in court or bonding, and in any such event, Sublessee shall be entitled, if Sublessee so elects, to compel the prosecution of any action for the foreclosure of such lien or claim by claimant and to pay the 50 65 amount of the judgment, if any, in favor of the claimant, with interest, costs and Sublessee shall be entitled to offset any sum or sums so paid by Sublessee, and expenses incurred by Sublessee, including, but not limited to, attorneys' fees in proce discharge or in defending any such action against any Rent due under this Sublease. This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicade decision -making bodywlll review the information at the public hearing to render a Wanedati on or a final decal on. ts 0-7953 clii/24/21 16. Notices. Each notice required or permitted to be given hereunder or pursuant to the Master Lease must comply with the requirements of Article 14.11 of the Master Lease. The addresses for the parties hereto are as follows: Sublessor: Sublessee: , LLC c/o Housing Trust Group, LLC 3225 Aviation Avenue, 6th Floor Coconut Grove, Florida 33133 Attn: Matthew A. Rieger 17. Subleasehold Mortgage. (a) Without limiting any of the provisions of the Master Lease as to the mortgaging of the Sublessee's subleasehold estate in the Demised Premises, it is agreed that, without Sublessor's prior consent, Sublessee shall have the right from time to time during the Term to mortgage, collaterally assign, or otherwise encumber in favor of one or more lenders the Sublessee's leasehold estate and interest ("Leasehold Interest") under one or more leasehold mortgages ("Leasehold Mortgages"), the Sublessee's personalty located on the Demised Premises, its subleases and issues, rents and profits therefrom, as security for such Leasehold Mortgages. (b) In the event of any default by Sublessee under the Sublease or any Leasehold Mortgage, Sublessor will allow Permitted Leasehold Mortgagee (as hereinafter defined) to enforce its lien and security interest in Sublessee's personal property located at the Demised Premises including assembling and removing all of Sublessee's personal property located on the Premises. Sublessor hereby waives any landlord's lien it might hold, statutory, constitutional, contractual or otherwise, in any personal property owned or leased by Sublessee and now or hereafter located on the Demised Premises. If so requested by Sublessee, Sublessor shall execute a waiver of any right, title or interest or right to seize any of Sublessee's personal property on the Demised Premises that may be subject to a lien or security interest in favor of Permitted Leasehold Mortgagee or a seller of Sublessee's personal property or creditor holding a security interest in such personal property. (c) (i) if the Sublessee shall mortgage its Leasehold Interest, and if the holder of such Leasehold Mortgage (each a "Permitted Leasehold Mortgagee") shall provide the Sublessor with notice of such Leasehold Mortgage together with a true copy of such Leasehold Mortgage and the name and address of the mortgagee, the Sublessor and the Sublessee agree that, following receipt of 'such notice by the Sublessor, the provisions of this Section 17 shall apply with respect to such Leasehold Mortgage. 51 66 (ii) Sublessor agrees that no notice given to Sublessee subsequ Sublessee's leasehold interest in the Land is encumbered by a Leasehold valid unless simultaneously given to the Permitted Leasehold Mortgagee a provided by it. This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicede decision -making body MI review the information at the public hearing to render a #he'� tlationarahnaldecivon. �s • age cs0-7953 03/24/21 (iii) In the event of any assignment of a Leasehold Mortgage or in the event of change of address of a Permitted Leasehold Mortgagee or of an assignee of such Leasehold Mortgage, notice of the new name and address shall be provided to the Sublessor. (iv) After the Sublessor has received the notice provided for by subsection (c)(1) above, the Sublessee, upon being requested to do so by the Sublessor, shall with reasonable promptness provide the Sublessor with copies of the note or other obligation secured by such Leasehold Mortgage and of any other documents pertinent to the Leasehold Mortgage and of each amendment or other modification or supplement to such instruments. (d) Until such time as the Leasehold Mortgages are paid in full, the Sublessor shall not consent to any termination, material amendment, modification or supplement to this Sublease unless consented to in writing by the Permitted Leasehold Mortgagees which consent will not be unreasonably delayed, conditioned or withheld. (e) In the event there is a conflict between the terms of this Sublease and those of a Leasehold Mortgage (including but not limited to the provisions of this Sublease and those of a Leasehold Mortgage pertaining to the disposition of insurance proceeds or condemnation awards), the terms of the Leasehold Mortgage shall govern. (f) Permitted Leasehold Mortgagee may at its option, at any time before this Sublease has been terminated as provided herein, and before the expiration of the time periods specified in Section 17(g) below, pay any of the Rent or other sums due under this Sublease, or effect any insurance, or pay any taxes or assessments, or make any repairs and improvement, or do any act or thing which may be necessary and proper to be done in the observance of the covenants and conditions of this Sublease or to prevent the termination of this Sublease. Permitted Leasehold Mortgagee also shall be afforded the right, but not the obligation, to perform any other term, covenant, or condition of this Sublease to be performed by Sublessee, as well as to remedy any default by Sublessee hereunder, and Sublessor shall accept such performance by any Permitted Leasehold Mortgagee with the same force and effect as if furnished by Sublessee, provided, however, that Permitted Leasehold Mortgagee shall not thereby or hereby be subrogated to the rights of Sublessor. Additionally, Sublessee may delegate irrevocably to Permitted Leasehold Mortgagee the authority to exercise any or all of Sublessee's rights hereunder, including, but not limited to the right of Permitted Leasehold Mortgagee to participate (in conjunction with or to the exclusion of Sublessee) in any proceeding, arbitration or settlement involving condemnation or eminent domain affecting Sublessee's leasehold interest in the Demised Premises, but no such delegation shall be binding upon Sublessor unless and until either Sublessee or Permitted Leasehold Mortgagee in question shall give to Sublessor a true copy of a written instrument effecting such delegation, in form required for recording. Any provision of this Sublease that gives Permitted Leasehold Mortgagee the privilege of exercising a particular right of Sublessee hereunder on condition that Sublessee shall have failed to exercise such right shall not be deemed to diminish any privilege that Permitted Leasehold Mortgagee may have, by 52 67 virtue of a delegation of authority from Sublessee, to exercise such right without reg or not Sublessee shall have failed to exercise such right. This submittal needs to be scheduled bra public hearing in accordance whh timelines set forth in the City of Miami Code. The applicable decision -making bcclywill rwhether the intonnation at the hearing to render ewhether rafinal deeiAon. PZ-20-7953 03/24/21 J (g) Sublessor shall give Permitted Leasehold Mortgagee notice in writing defaults by Sublessee under this Sublease, and Permitted Leasehold Mortgagee shall have si (60) days after receipt of such written notice from Sublessor to cure such default which is reasonably susceptible of cure. Further, as to any non -monetary default, Permitted Leasehold Mortgagee shall have one hundred eighty (180) days after receipt of such written notice from Sublessor, and a reasonable time after the expiration of said one hundred eighty (180) days if it shall have commenced foreclosure or other appropriate proceeding in the nature thereof within said one hundred eighty (180) day period and is diligently prosecuting the same, within which to endeavor to cure such default; and notwithstanding any other provision of this Sublease, all rights (if any) of Sublessor to terminate this Sublease upon the default by Sublessee are and shall continue to be at all times while Sublessee is indebted to Permitted Leasehold Mortgagee, subject to and conditioned upon Sublessor's first having given Permitted Leasehold Mortgagee written notice of such default and Permitted Leasehold Mortgagee's failure to cure such default within the time and upon the conditions stated above after receiving such written notice of default. Notwithstanding anything contained herein to the contrary, any right of Sublessor to terminate this Sublease shall be postponed indefinitely if the default which gives rise to such termination right is of such a nature that the same is not susceptible of being cured by Permitted Leasehold Mortgagee and Permitted Leasehold Mortgagee shall institute foreclosure proceedings and diligently prosecute the same to completion, subject to any stay in any proceedings involving the insolvency of Sublessee or other proceeding or injunction (unless, in the meantime, Permitted Leasehold Mortgagee shall acquire Sublessee's estate hereunder, either in its own name or through a nominee, by assignment in lieu of foreclosure). (h) A Permitted Leasehold Mortgagee may become the holder of the Sublessee's leasehold estate and succeed to the Sublessee's interest in this Sublease by foreclosure of its Leasehold Mortgage or as a result of the assignment of this Sublease in lieu of foreclosure, and any purchaser at a foreclosure proceeding undertaken in regard to a Leasehold Mortgage may become the holder of the Sublessee's leasehold estate and succeed to the Sublessee's interest in this Sublease by such foreclosure proceedings. A Permitted Leasehold Mortgagee may exercise any rights and remedies available to it under its Leasehold Mortgage without consent or approval of Sublessor. (i) In case of the termination of this Sublease by reason of the happening of any Event of Default or of bankruptcy or insolvency of the Sublessee, Sublessor shall provide written notice of such termination to Permitted Leasehold Mortgagee and shall include in the notice a statement of all sums which would be due under this Sublease at the time of termination and all other defaults of Sublessee existing at such time. Sublessor will enter into a new sublease for the Demised Premises with the Permitted Leasehold Mortgagee, for the remainder of the term, effective as of the date of such termination, at the same Rent and subject to the same covenants and agreements, terms, provisions and limitations herein contained, provided that: (i) The Sublessor receives the Permitted Leasehold Mortgagee's written request for such new sublease within 60 days from the date that notice of such termination is received by Permitted Mortgagee and all amounts then due and owing to the Sublessor under this Sublease shall be paid coterminous with the entry into the new sublease together with any and all costs and expenses, including reasonable counsel fees, court costs and disbursements made by the Sublessor in connection with any such default and 53 68 termination as well as in connection with the execution and delivery of the n less the net income collected by the Sublessor from the Demised Premises to the date of termination of this Sublease and prior to the execution and deli new lease, any excess of such net income over the aforesaid sums and ex to be applied in payment of the Rent thereafter becoming due under the new subleas and This submittal needs to be scheduled bra public hearing In accordance whh timelines set forth in the City of Miami Cede.. The applicable decision -making body MI reActv th�-e[�ijn{to'�npmQa�yy��bon at the pubic hearing to render a ubI7 ad.on or a final dec.W on. eq uent0-7953 he242, (ii) Upon the execution and delivery of the new sublease at the time payment is made in (1) above, all subleases which thereafter may have been assigned and transferred to the Sublessor shall thereupon be assigned and transferred without recourse by the Sublessor to the Permitted Leasehold Mortgagee, as the new Sublessee. Q) (i) For the purposes of this Section 17, the making of a Leasehold Mortgage shall not be deemed to constitute an assignment or transfer of this Sublease or of the Leasehold Interest hereby created, nor shall any Permitted Leasehold Mortgagee, as such, be deemed to be an assignee or transferee of this Sublease or of the Leasehold Interest hereby created so as to require such Permitted Leasehold Mortgagee, as such, to assume the performance of any of the terms, covenants or conditions on the part of the Sublessee to be performed hereunder; however, the purchaser at any sale of this Sublease and of the Leasehold Interest hereby created under any instrument of assignment or transfer in lieu of the foreclosure of any Leasehold Mortgage shall be deemed to be an assignee or transferee within the meaning of this Section 17, and shall be deemed to have agreed to perform all of the terms, covenants and conditions on the part of the Sublessee to be performed hereunder from and after the date of such purchase and assignment, but only for so long as such purchaser or assignee is the owner of the Leasehold Interest. If the Permitted Leasehold Mortgagee or its designee shall become holder of the Leasehold Interest and if the improvements on the Demised Premises shall have been or become materially damaged on, before or after the date of such purchase and assignment, the Permitted Leasehold Mortgagee or its designee shall be obligated to repair, replace or reconstruct the improvements only to the extent of the net insurance proceeds received by the Permitted Leasehold Mortgagee or its designee by reason of such damage. However, should such net insurance proceeds be insufficient to repair, replace or reconstruct the Project or other improvements, and should the Permitted Leasehold Mortgagee or its designee choose not to fully reconstruct the improvements, such failure shall constitute an event of default under this Sublease. (ii) Any Permitted Leasehold Mortgagee or other acquirer of the Leasehold Interest of the Sublessee pursuant to foreclosure, assignment in lieu of foreclosure or other proceedings may, upon acquiring the Sublessee's Leasehold Interest, without further consent of the Sublessor, sell and assign the Leasehold Interest on such terms and to such persons and organizations as are acceptable to such Permitted Leasehold Mortgagee or acquirer and thereafter be relieved of all obligations under this Sublease; provided the Sublessor has approved such assignee, which approval shall not be unreasonably withheld, and such assignee has delivered to the Sublessor its written agreement to be bound by all of the provisions of this Sublease. (iii) Notwithstanding any other provisions of this Sublease to the contrary, any sale of this Sublease and of the Leasehold Interest hereby created in any proceedings for the foreclosure of any Leasehold Mortgage, or the assignment or transfer of this Sublease and of the Leasehold Interest hereby created in lieu of the foreclosure of any 54 Leasehold Mortgage, shall be deemed to be a permitted sale, transfer or this Sublease and of the Leasehold Interest hereby created. This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The applicade decision -making bodywlll review the information at the public hearing to render a n m e'�itm°en or a boat deeiaen. PZ-20-7953 (k) The Sublessor shall give each Permitted Leasehold Mortgagee prom of any legal proceedings between the Sublessor and the Sublessee involving obligations un this Sublease. Each Permitted Leasehold Mortgagee shall have the right to intervene in any such proceedings and be made a party to such proceedings, and the parties hereto do hereby consent to such intervention. In the event that any Permitted Leasehold Mortgagee shall not elect to intervene or become a party to any such proceedings, the Sublessor shall give the Permitted Leasehold Mortgagee notice of, and a copy of any award or decision made in any such proceedings, which shall be binding on the Permitted Leasehold Mortgagee. (I) Intentionally Omitted. (m) The Sublessor shall, without charge, at any time and from time to time hereafter, but not more frequently than twice in any one-year period (or more frequently if such request is made in connection with any sale or mortgaging of Sublessee's Leasehold Interest or permitted subletting by the Sublessee), within ten (10) days after written request from the Sublessee or Permitted Leasehold Mortgagee to do so, certify by written instrument duly executed and acknowledged to any Permitted Leasehold Mortgagee or purchaser, or proposed leasehold mortgagee or proposed purchaser, or any other person, firm or corporation specified in such request: (i) as to whether this Sublease has been supplemented or amended and if so, the substance and manner of such supplement or amendment; (ii) as to the validity and force and effect of this Sublease, in accordance with its tenor; (iii) as to the existence of any default hereunder; (iv) as to the existence of any known offsets, counterclaims or defenses hereto on the part of the Sublessee; (v) as to the commencement and expiration dates of the term of this Sublease; and (vi) as to any other matters as may be reasonably so requested. Any such certificate may be relied upon by the Sublessee and any other person, firm or corporation to whom the same may be exhibited or delivered, and the contents of such certificate shall be binding on the Sublessor. (n) Notices from the Sublessor to the Permitted Leasehold Mortgagee shall be mailed to the address furnished to the Sublessor, and those from the Permitted Leasehold Mortgagees to the Sublessor shall be mailed to the address designated pursuant to the provisions of Section 17(c)(i). Such notices, demands and requests shall be given in the manner described in Section 16 and shall in all respects be governed by the provisions of that section. (o) In case of the termination of this Sublease by reason of the happening of any Event of Default or of bankruptcy or insolvency of the Sublessee, the Sublessor shall give prompt notice thereof to each Permitted Leasehold Mortgagee who has made the request referred to in Section 17(c). 18. Investor. The following shall apply with respect to the Sublessee's Investor (the "Investor"): (a) The Sublessor agrees to accept payment or performance by the Investor as though the Sublessee had done the same, and the Investor shall be given all of the same cure rights as a Permitted Leasehold Mortgagee under this Sublease. 55 70 (b) The Sublessor agrees to give the Investor, at the address to be pr Investor, a written copy of all notices and demands that the Sublessor gives to the S (c) The Sublessor shall not terminate this Sublease if: This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicede decision -making body will reAcw the intormabon at the public hearing to render a d dvo •pryt on or a final deciv on. SeeP` Z-20-7953 03/24/21 (i) At the time of the Event of Default, the Sublessor or Sublessor's member is the Sublessee's general partner or managing member, or an affiliate of the Sublessee's general partner or managing member; (ii) Within one hundred twenty (120) days after the Investor's receipt of notice, the Investor (A) cures the Event of Default, or (B) if the Event of Default reasonably requires more than one hundred twenty (120) days to cure, commences to cure the Event of Default and diligently prosecutes the same to completion; or (iii) If the Event of Default cannot be cured by payment or expenditure of money, and the Investor (A) initiates other appropriate proceedings to remove and replace the general partner or managing member as provided in the Sublessee's amended and restated partnership or operating agreement (the "Governing Agreement") within one hundred twenty (120) days after receipt of notice, (B) cures all other Events of Default, (C) complies with all other covenants and conditions of this Sublease capable of compliance, and (D) continues to pay all real property taxes and assessments, and insurance premiums to be paid by the Sublessee under this Sublease, then the Investor shall then have one hundred twenty (120) days following the date on which the Investor or its nominee is able to become the replacement general partner or managing member of the Sublessee, to cure such Event of Default. Notwithstanding anything contained herein to the contrary, if any such Event of Default, by its nature, is such that it cannot practicably be cured within said 120-day period, then the Investor shall have such time as shall be reasonably necessary to cure the Event of Default provided that the Investor commences such cure within said 120-day period and thereafter diligently prosecutes the cure to completion. (d) The Sublessor agrees to accept performance by the Investor of all cures, conditions and covenants as though performed by the Sublessee, and agrees to permit the Investor access to the Demised Premises to take all such actions as may be necessary or useful to perform the Sublessee's covenants under this Sublease or to cure an Event of Default of the Sublessee. (e) If the Investor elects any of the above -mentioned options, then upon the Investor's or its nominee's acquisition of the general partner or managing member interest under the Governing Agreement, this Sublease shall continue in full force and effect during the -year tax credit compliance period, provided that, if the Investor elects the option provided in Section 18(C)(iii) above, then upon the Investors acquisition of the general partner or managing member interest under the Governing Agreement, the Investor shall cure all prior Events of Default of the Sublessee under this Sublease that are reasonably capable of being cured by an Investor within the time set forth in Section 18(C)(iii) above. If the Investor commences an action as set forth in Section 18(C)(iii), and thereafter the Sublessee cures such Events of Default (which cure the Sublessor shall be obligated to accept) and the Investor then terminates all proceedings under the option in Section 18(C)(iii) above, then this Sublease shall remain in full force and effect between the Sublessor and the Sublessee during the -year tax credit compliance period. 56 71 (f) During the -year tax credit compliance period the Suble Sublessee shall not agree between themselves to any material amendment, m supplement to this Sublease without the prior written consent of the Investor, wh will not be unreasonably delayed, conditioned or withheld. This submittal needs to be scheduled bra pubic hearing in accordance wth timelines set forth in the City of Miami Code. The applicable decision -making beclywill review the Intel -ma -bon at the pubic hearing to render a on or a final decision. tlonP7� 2�0-7953 e43/24/21 (g) So long as the Investor is prevented by injunction issued by any court or by any statutory stay, or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving the Sublessee, from commencing or prosecuting the replacement of the general partner or managing member pursuant to the terms of the Governing Agreement or other appropriate proceedings in the nature thereof, the Investor shall not be deemed for that reason to have failed to commence such proceedings or to have failed to diligently prosecute such proceedings, provided that the Investor use reasonable efforts to contest and appeal the issuance or continuance of any such process, stay or injunction. (h) Notwithstanding anything to the contrary set forth elsewhere in this Sublease, the Sublessor and the Sublessee hereby acknowledge and agree that the Investor shall be deemed a third -party beneficiary of the provisions of this Sublease which specifically grant the Investor rights and/or benefits, including, without limitation, those provisions which entitle the Investor to receive notice and exercise the right to cure. In connection therewith, the Investor may seek any and all remedies available to the Investor in order to enforce such provisions. 19. Miscellaneous. This Sublease shall inure to the benefit of and be binding upon the parties and their respective heirs, executors, legal representatives, successors and permitted assigns. This Sublease is governed by and shall be interpreted in accordance with the laws of the State of Florida. Neither this Sublease nor any provisions hereof or of the Master Lease may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought. 20. Grant of Quiet Enlovment. Sublessee, upon paying the Rent and Sublease Rent and performing in accordance with the terms, agreements, and provisions of this Sublease, shall peaceably and quietly have, hold and enjoy the Demised Premises during the term of this Sublease without interruption, disturbance, hindrance or molestation by Sublessor or by anyone claiming by, through or under Sublessor. 21. Recording. At Sublessee's behest, a Memorandum of this Sublease shall be recorded among the Public Records of Miami -Dade County, Florida, at the sole cost of Sublessee. 22. Sublessor's Covenants. Sublessor hereby covenants to and agrees with Sublessee that during the Term of this Sublease, Sublessor will not (a) amend, modify, cancel or terminate the Master Lease, or exercise any rights of the Sublessor thereunder in any way which materially diminishes the rights or increases the responsibilities of Sublessee, without the prior written consent of Sublessee, which consent may be withheld by Sublessee in Sublessee's sole and absolute discretion, or (b) take any action or omit to take any action which would cause a default in the Master Lease by Sublessor unless such default is caused by the default of the Sublessee hereunder. 57 72 23. Cooperation. Sublessor shall, from time to time, upon request fro execute and deliver or cause to be made, executed and delivered to Sublessee, assurances and other documents as may be necessary or desirable in order to effect complete the purposes and intents of this Sublease. (SIGNATURES APPEAR ON FOLLOWING PAGES) 58 This submittal needs to be scheduled bra public hearing In accordance whh timelines set forth in the City of Miami Code. The applicede decialon-making body MI review the information at the public hearing to render a bles'Z"onarahnaldeciven. f urthZ� 0-7953 / 3124/21 73 IN WITNESS WHEREOF, the parties or their duly authorized representative execute this Sublease on the date stated at the beginning of this Sublease SUBLESEE: RGC Phase I, LLC, a Florida limited liability company By: Name: Title: Date: Attest: Manager of Manager Corporate Secretary/Notary Public Corpora Online Notary: 0 (Check Box if acknowledgment done by Online Notarization) This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicede decision -making body I review the information at the public hearing to render a by� PZ-20-7953eisen e Manager SUBLESSOR: Rainbow Redevelopment, LLC, a Florida limited liability company By: Name: Ma + A. Rieger Title: Date: Attest: Online Notary: 0 (Check Box if acknowledgment done by Online Notarization) ITO INCLUDE ACKNOWLEDGMENT FROM COUNTY APPROVING SUBLEASE' Project No. RFP-01296 ACTIVE 48486805v4 59 74 Signed, sealed and delivered in the presence of: Witness: Print Name: eto 14 crop, Witness: ` V' Print Name: kiikc,16,6 ,��ntiUt.rri o� SUBLESSEE: RGC PHASE I, LLC, a Florida limited liability company By: Name: Mat Title: Manager Date: Attest: This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicade decision -making body MI reWew the information at the public hearing to render a recommended on or a final decWon. Corporate Secretary/Notary Public Corporate Seal/Notary Seal ITO INCLUDE ACKNOWLEDGMENT FROM COUNTY APPROVING SUBLEASEI This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicede decision -making bodywlll review the information at the public hearing to render a recommended on or a final decal on. IN WITNESS WHEREOF, the parties or their duly authorized representatives h execute this Sublease on the date stated at the beginning of this Sublease Signed, sealed and delivered In the presence of: Witness: ) Print Name: etc sL) 1041 crop Witness: Print Name: k);I,�n1a5%c1nLV�rr+'o. SUBLESSOR: RAINBOW REDEVELOPMENT, LLC, a Florida limited liability company By: Name: Matthew A 4- ger Title: Manager Date: 3 /0 2C 2O Attest: Corporate Secretary/Notary Public Corporate Seal/Notary Seal (SIGNATURES CONTINUE ON FOLLOWING PAGES) Project No. RFP-01296 ACTIVE 48486805v4 EXHIBIT "A" TO SUBLEASE ENTIRE LEASED PROPERTY .. LEGAL DESCRIPTION 60 This submittal needs to be scheduled bra public hearing In accordance whh timelines set forth in the City of Miami Code. The applicade decision -making body MI rSew the information at the public hearing to render a recommended on or a final decal on. 77 Project No. RFP-01296 ACTIVE 48486805v4 EXHIBIT "B" TO SUBLEASE DEMISED PREMISES PHASE I - LEGAL DESCRIPTION 61 This submittal needs to be scheduled bra public hearing In accordance whh timelines set forth in the City of Miami Code. The applicade decision -making body will rSew the information at the public hearing to render a recommended on or a final decal on. 78 CONSENT BY LANDLORD The undersigned Landlord and fee owner, MIAMI-DADE COUNTY, a political su of the State of Florida, under that certain lease ("Lease") between Florida limited liability company (hereinafter called the "Sublesso and , a (hereinafter called the "Sublessee"), upon the express understanding that: This submittal needs to be scheduled bra public hearing In accordance welt timelines set forth in the City of Miami Code. The applicede decision -making body MI review the information at the public hearing to render a recommended on or a final decal on. 1. Nothing contained in the Sublease shall be taken or construed to in any way modify, alter, waive or affect any of the terms, covenants, or conditions contained in the Master Lease with Tenant; and 2. There shall be no further assignment of the Master Lease, except in accordance with the terms and conditions of the Master Lease. Project No. RFP-01296 ACTIVE 48486805v4 MIAMI-DADE COUNTY, a political subdivision of the State of Florida By: Name: Title: Date: Attest: Clerk of the Board Approved as to form and legal sufficiency Terrence A. Smith Assistant County Attorney 62 79 9 PUBiic MIAMIDADE COUNTY VIA E-MAIL August 4, 2020 Mr. Francisco Garcia City of Miami Director of Planning and Zoning 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33131 fgarcia@miamigov.com O 4 Public Housing and Comi 701 N T 786-469-4 Re: Rezoning Application PZ-20-7953 / 2000 NW 3rd Avenue (the "Property") Dear Mr. Garcia: NOTICE This submtat needs to he scheduled fora public hearing in accordance with timelines set forth in the City of Miami Code. The apptiratle decision -making body will renew the information at the public hearing to render a recommendation or a final decision. PZ-20-7953 01/15/21 Rkr /EW C° Housing Trust Group, LLC ("HTG") is the ground lessee of the above -referenced Property, which is owned by Miami -Dade County (the "County") Public Housing and Community Development. In furtherance of HTG's efforts to redevelop the Property, HTG has applied to the City of Miami for a rezoning of the Property from T4-L to T5-O under the City of Miami Process No. PZ-20-7953 (the "Rezoning Application"). A copy of HTG's letter of intent in support of the Rezoning Application is enclosed. This letter shall serve as written confirmation by the County that HTG and Greenberg Traurig are authorized to process any and all applications in connection with the redevelopment of the Property, including but not limited to the Rezoning Application and any future site plan application. If you have any questions, please do not hesitate to contact me. Sincerely, Michael Liu Director OFFICIAL FILE COPY CLERK OF THE BOARD OF COUNTY COI LMISSIONERS MI tM1-DAD£ COUNTY, FLORIDA. MEMORANDUM Agenda 0 PUBS, st N TO: Honorable Chairwoman Audrey M. Edmonson DATE: and Members, Board of County Commissioners FROM: Abigail Price -Williams County Attorney April 7 NOTICE This submittal needs to be. schebu Led for a public hearing In accordance wilt timelines set forth in the City of Miami Cede. The appllcade declslon-making betly will review the Information at the public hearing to render a recommended on or alms' decision. SUBJECT: Resolution aut accordance with section 125.35, Florida Statutes, award of an 11- month Ground Lease Agreement to Housing Trust Group, LLC, and its affiliates ("HTG"), a Florida limited liability company for nominal value and for the purpose of providing site control to HTG for the redevelopment of Rainbow Village and Gwen Cherry 23C Public Housing Developments pursuant to Request for Proposal (RFP) No. 01296, for the redevelopment of Rainbow Village and Gwen Cherry 23C, for the Public Housing and Community Development Department; waiving sections 2-8.3 and 2-8.4 of the County Code relating to bid protest procedures by a two-thirds vote of the Board members present; and authorizing the County Mayor to execute the Ground Lease Agreement, to exercise all provisions contained therein, including termination and amendment provisions, to execute or consent to the execution of sub - ground leases as may be required by the Florida Housing Finance Corporation or other funding sources, to preserve site control Resolution No. R-297-20 PZ-20-7953 01/15/21 V! IEW C°' The accompanying resolution was prepared by the Internal Services Department and placed on the agenda at the request of Prime Sponsor Chairwoman Audrey M. Edmonson. APW/smm Abigail Price -Williams County Attorney 1 Memorandu Date: April 7, 2020 To: Honorable Chairwoman Audrey M. Edmonson and Members, Board of Co jommissioners From: Carlos A. Gimenez �- Mayor Subject: Recommendation for Approval to Award Short -Term Ground Lease Agreement to Housing Trust Group, LLC, and its Affiliates, Pursuant to Request for Proposal (RFP) No. 01296, Redevelopment of Rainbow Village and Gwen Cherry 23C This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Ccde. The applica Lie decision -making body will renew the inforrnaIon at the public hearing to render a recommendation or a final decision. PZ-20-7953 01/15/21 Recommendation It is recommended that the Board of County Commissioners (Board): 1. In accordance with section 125.35, Florida Statutes, approve and authorize the County Mayor or the County Mayor's designee to execute a 11-month Ground Lease Agreement (Lease) with Housing Trust Group, LLC, and its affiliates ("HTG"), for nominal value and for the purpose of providing site control to HTG for the redevelopment of Rainbow Village and Gwen Cherry 23C public housing developments (Project Site), pursuant to Request for Proposal (RFP) No. 01296, Redevelopment of Rainbow Village and Gwen Cherry 23C for the Public Housing and Community Development Department; and 2. Waive the bid protest process pursuant to sections 2-8.3 and 2-8.4 of the Code of Miami -Dade County in order to allow HTG the opportunity to apply for competitive funds from the Florida Housing Finance Corporation's State Apartment Incentive Loan Program (SAIL Program), by the application deadline in March 2020, and to further ensure that the Public Housing and Community Development Department is able to provide assurances to the United States Department of Housing and Urban Development (HUD) by March 2020 that the County is making significant progress on the County's plan to covert certain public housing units to Section 8 Project -based units through HUD's Rental Assistance Demonstration Program (RAD Program); and 3. Authorize the County Mayor or County Mayor's designee to exercise all provisions contained in the Lease including, but not limited to, termination provisions, and the following provisions that authorize the County Mayor or the County Mayor's designee to: (a) review and approve documents, plans, applications, lease assignments, and requests required or allowed by HTG to be submitted to the County pursuant to the Lease; (b) consent to actions, events, and undertakings by HTG or extensions of time periods for which consent is required by the County, including, but not limited to, extensions of time for the performance of any obligation by HTG under the Lease; (c) execute any and all documents on behalf of the County necessary or convenient to the foregoing approvals, consents, and appointments; (d) negotiate lease bifurcation agreements; (e) negotiate terms of Right of First Refusal and Option to Purchase Agreements; (f) assist HTG with, and execute on behalf of the County, any applications or other documents needed to comply with applicable regulatory procedures and to secure financing, permits or other approvals to accomplish the construction of any and all improvements in and refurbishments of the property; (g) amend the Lease to correct any typographical or non -material errors, to address revisions or supplements hereto of a non -material nature, or to carry out the purposes of the Lease; (h) execute or consent, at the County Mayor or the County Mayor's designee sole discretion, to subleases with HTG's assignees, including any amendments, extensions, and modifications thereto; (i) execute recognition and non -disturbance agreements and issue estoppel statements; and (j) to take all other necessary actions that may be required by the Florida Housing Finance Corporation or other funding sources, to preserve site control. 2 PUBL, Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners Page 2 The County issued a competitive Request for Proposals to obtain proposals from de the experience and capacity of obtaining the funding, and managing the construction, m operation of multifamily housing projects, including redevelopment experience under the Three vendors responded to the solicitation, and all vendors are local. Over 2,600 vendors were no via email and by BidSync, of which 303 viewed the solicitation, and 77 downloaded the solicitation. NOTICE This submittal needs to be schebu Led bra public hearing In accordance wiHr timelines set forth in the City of Miami Cede. The appllcade declslon-making body will review the Information at the public hearing to render a recommended on or alms' decision. PZ-20-7953 01/15/21 !EW C°' ied The Competitive Selection Committee determined that HTG's proposal meets or exceeds the developmental criteria that would be most beneficial to the County. HTG's proposal demonstrated: 1) a well -qualified development team, including professional consultants for the redevelopment of the Project Site; 2) extensive experience building multi -family and public housing units; and 3) commitment to the HUD Section 3 compliance and other certified small and minority firms that are part of the development team. Therefore, it is in the best interest to the County to award the Lease to HTG for the purpose of providing site control for the redevelopment of the Project Site. Approval of the Lease is the first step in the award process as this establishes required site control prior to submission of the SAIL Program's application. Expediting the approval process is consistent with Public Housing and Community Development Department's need to provide assurances to HUD by March 2020 that the County is making significant progress on the RAD Program. The County is planning to redevelop 7,718 public housing units under the RAD Program countywide. Upon approval of the Lease, the County will initiate negotiations for a Master Development Agreement with HTG for the development of the Project Site, which currently consist of 136 public housing units. HTG proposes three possible scenarios for the development of the Project Site, i.e. Scenarios A, B, and C. Under Scenario A, HTG proposes to develop the Project Site with 1,014 mixed -income units, including 136 RAD units, subject to approval of the Project Site rezoning to T-5 under the Miami 21 Zoning Code Successional Zoning process by the City of Miami. Under Scenario B, HTG proposes to develop the Project Site with 1,316 mixed -income units, including 136 RAD units, subject to approval of the Project Site rezoning to T-5 under the Miami 21 Zoning Code Successional Zoning process by the City of Miami, followed by rezoning a portion of the Project Site from T-5 to T6-8 or higher under a Special Area Plan. Finally, under Scenario C, HTG proposes for the County's consideration, an option to expand the development site by 10.7 acres, which, if realized, may include, in addition to the mixed -income units contemplated under either Scenario A or Scenario B: (a) an educational component through redevelopment of the Paul L. Dunbar K-8 Center in partnership with the School Board of Miami -Dade County, Florida; (b) additional mixed-income/market rate housing through redevelopment of the 2000 NW 5th Place apartment site in partnership with Mana Wynwood; (c) approximately 70,000+/- square feet of commercial retail and office space; and d) a community center, an early education center and other community amenities. The Master Development Agreement will be presented to the Board for approval at a later date. The County will also negotiate a long-term permanent ground -lease agreement with HTG, subject to HTG obtaining the required financing to make the project financially viable, obtaining all required HUD approvals, and any other required approvals, for the redevelopment of the Project Site. The long-term permanent ground -lease will also be presented to the Board for its approval. Presently, the County can only execute an 11-month ground lease without necessitating any required approvals from HUD. Any ground lease with a term of more 12 months or more will require HUD approval. Scope The scope of this item is countywide in nature; however, the Project Site is Located in District 3. Fiscal Impact/Funding Source There is no fiscal impact for approving the Lease with an 11-month term. Although no rent is due under the Lease, the County intends to negotiate a Master Development Agreement and the long-term Ground Lease Agreement for the Project Site, which will result in revenue sharing and capital improvements to 3 Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners Page 3 the Project Site. The Master Development Agreement and long-term lease will b Board for its approval at a later date. Track Record/Monitor Pearl Bethel of the Internal Services Department is the Procurement Contracting Manager. This submittal needs to be scheduled fora public hearing In accordance wAh tmellnes set forth in the City of Mlami Code. The appllca ble decision -making body NOR resew the Intormatlon at the public hearing to render a recommendation or a final deeW on. PZ-20-7953 01/15/21 Delegated Authority If this item is approved, the County Mayor or County Mayor's designee will have the authority to: (1) execute the Lease to exercise all provisions of the Lease including, but not limited to, termination provisions and the following provisions that authorize the County Mayor or the County Mayor's designee to (a) review and approve documents, plans, applications, lease assignments and requests required or allowed by HTG to be submitted to the County pursuant to the Lease; (b) consent to actions, events, and undertakings by HTG or extensions of time periods for which consent is required by the County, including, but not limited to, extensions of time for the performance of any obligation by HTG under the Lease; (c) execute any and all documents on behalf of the County necessary or convenient to the foregoing approvals, consents, and appointments; (d) negotiate lease bifurcation agreements; (e) negotiate terms of Right of First Refusal and Option to Purchase Agreements; (f) assist HTG with, and execute on behalf of the County, any applications or other documents needed to comply with applicable regulatory procedures and to secure financing, permits or other approvals to accomplish the construction of any and all improvements in and refurbishments of the property; (g) amend the Lease to correct any typographical or non -material errors, to address revisions or supplements hereto of a non -material nature or to carry out the purposes of the Lease; (h) execute or consent to, at the County Mayor or the County Mayor's designee sole discretion, subleases with HTG's assignees, including any amendments, extensions, and modifications thereto; (i) execute recognition and non -disturbance agreements and issue estoppel statements; and (j) to take all other necessary actions that may be required by the Florida Housing Finance Corporation or other funding sources, to preserve site control. Vendor Recommended for Award A Request for Proposals was issued under full and open competition. The County received three proposals. The Competitive Selection Committee (CSC) recommended that the County enter into negotiations with the highest ranked proposer, HTG. According to the CSC, HTG, including its key personnel and sub -contractors, has the experience, qualifications, capacity, and financial strength required for the redevelopment and operation of multifamily housing for public housing agencies. Vendor Principal Address Local Address* Number of Employee Residents Principal 1) Miami -Dade 2) Percentage* Housing Trust Group, LLC 3225 Aviation Avenue 6 Floor Coconut Grove, FL Same 45 Matthew A. Rieger $0% *Provided pursuant to Resolution No. R-1011-15. Percentage of employee residents is the percentage of vendor's employees who reside in Miami -Dade County as compared to the vendor's total workforce. 4 Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners Page 4 Vendors Not Recommended for Award Vendor The Michaels Development Company I, LP Local Address No This submittal needs to be scheduled fora pubic hearing In accordance wAh tmellnes set forth in the City of Miami Code. The applica de decision -making body NOR resew the Information at the pubic hearing to render a recommendation or a final deeW on. Reason for Not Rec Evaluation Scores/Ranking PZ-20-7953 01/15/21 Pennrose, LLC No Deemed non -responsive by the County Attorney's Office for failing to submit Form 1, Revenue and Income Streams Proposal Schedule (opinion attached} Due Diligence Pursuant to Resolution No. R-187-12, a due diligence review was conducted in accordance with the Internal Services Department's Procurement Guidelines to determine vendor responsibility, including verifying corporate status and that there are no performance and compliance issues. The lists that were referenced included convicted vendors, debarred vendors, delinquent contractors, suspended vendors, and federal excluded parties. There are no adverse findings relating to vendor responsibility. Applicable Ordinances and Contract Measures • The two percent User Access Program provision does not apply. • The Small Business Enterprise Selection Factor and Local Preference do not apply. • The Living Wage does not apply. • The Davis -Bacon Wage Schedule in effect for Miami -Dade County applies. • Residents First Training and Employment Program applies, pursuant to Section 2-11.17 of the Code of Miami -Dade County and Implementing Order No. 3-61. • Section 3 of the Housing and Urban Development Act of 1968 Compliance applies. Attachment 7 Maurice L. Kemp Deputy Mayor 5 Mernora Date: December .11, 201.9. To.: Manuel,A,Jimenei Procurement Contracting pffider Internal Senile -es Department From: Subject: Terrence A. Smith., Asgiatant Cotnty Attorney ReSpotiSiveneSs Opinion r& RFP No. 01206„ RedeVeloptherit of Rainbow V4lage and GwenCherry.23C NOTICE This submktal needs to be scheduled far a pubic hearig accordance vith timelines set forth in the (Rya Kiwi Cod, The applIca deasion-malting body ail review the information at the public hearing to render a eMorntnerldat on or a anal decision. PZ-20-7953 01/15/21 I -art in receipt of your memorandum d.ated Deopithef !64 .201.9., in :which ,you aSk for a responsiyeueSs determinatiOnas to proposals received :taxa Fiennrose LLC ("PenprOse!'), rn response to .m6- No, 01296,:Redevelopment ofRainbow Village and Gwen Chevy 23C. (the 'Solicitation") I rely on :that • memorandum and its. :accoMpanying .materials consisting . of the 'biddee s-Stibibistion m reSponSe to the Solicitation, the Sateitation,it acco4aitying addenda. and our -subsequent telephone conVersations. If 'there .are: additional facts of which I -should. be made .awar6,..-pleaga-let inc know, as those facts may alter the -conclusions -reached herein. Based piT my review ofthesematerials, this formal opinion is provided, finding v,rhether the PeinitoseiS 'response to the Solicitation iiesp�nsive .Analysls Thc Solicitation requires:that each proposer -must submit Form .1, which is the Revenue and Income Stream's PropoSel, fo-rrn 1 states that "[t]he Proposer's revenue and income streams shall be Stibmitted otitis Form .PkipOser ikrequested to. fill in .the a'oblicable blanks on this -form." Further, section-4;1 titled -'-!R.eview of Ploposals.foriRespmsiveness't states Bach proposal will be reviewed to determine jf the proposal iS responSive:to -the submission:requireMents ottlitedinthis.8bliditatiOn.:A reSponsiye:P.140PaaAlone, which follows Me reqiiirements of this golicitationiineludes all documentation, is AtiOnitted n the formo .outlined in this Solicitation; is of timely sgbmlssiOtt) and has apprppriate signaittres as required on each document: Failure to comply with these requirements .may result in. the proposal being. deemed non- resporisiVe at thatole dis.crefion-Of the County'S 'Attorney Office.. (eniphasis :added) Finally, section. 4..5 of the Solicitationtitled'ae-venue and IncOine Stream's 'V.aluation" states. The revenue and income atreains proposal will be Ovaluated '81ibjectiYayla combination with the .teobniOal,prOposal, including an evaluation of how well it matches Propoppes 1;:mderptanding of -the Conrity'4- nee4s: deserihd in this .1 6 This submittal needs lo he scheduled fora publichexing accordance wMumelines set fonh in the City of hgali Code. The apphubl.edecision-rnaNing body ail review the iniwmalion at the public hearing to rendera r0Cornmendad on or a Anal decigcn PZ-20-7953 01/15/21 Solicitation the Proposer's assumptions, and the value of the proposed. services. The revenue and income streams evaluation is used as part of the evaluation process to determine the highest ranked Proposer. The County reserves the right to negotiate the final terms, conditions and revenue and income streams of the contract as may be in the best interest of the County. (emphasis added) Here, Fennrose failed to submit Fonn 1. Thus, the County has no ability to evaluate and rank Pennrose's proposal. One court bas•explained that the purpose of the competitive bidding process is, among other things, "to secure fair competition upon equal terms to all bidders ... and to afford an equal advantage to all desiring to do business with the county, by affording an opportunity for an exact comparison of bids." Harry Pepper & ASsocs., .Inc. v City of Cape Coral, 352 So. 2d 1190, 1192 (Fla. 2d DCA 2977) (citing Wester v. Belote, 138 So. 721, 723-24 (Fla. 1931)). It is established that responses to a solicitation must be capable of assuring the County that, if accepted, the proposal will result in a contract that can be performed in accordance with the requirements of the solicitation. See, e.g., Glatstein v. City of Miami, 399 So. 2d 1005, 1007-1008 (Fla. 3d DCA 1981) (relying on Wester for the proposition that Solicitation must include "reasonably definite plans or specifications, as a basis on which bids may be received"). Accordingly, Pennrose's failure to provide Form 1 as required by the Solicitation renders its bids non -responsive. Pennrose's bid. is not sufficient to provide the County with assurance that "the proposal will result in a contract that can be performed in accordance with the requirements of the solicitation." Gdcttstein, 399 So. 2d at 1007-1008. Please feel free to contact me if you have any questions or concerns about the foregoing. 2 PUSt/ Memorandum Date: December 06, 2019 NOTICE This submittal needs to be scheduled for a public hearing In accordance witti timelines set forth in the City of Miami Cede. The applice tie decision -making body will review the Information at the public hearing to render a recommendation or a final decia on. PZ-20-7953 01/15/21 'EVI EW CO. cou To: Terrence Smith Assistant County Attorney County Attorney's Office From: Manuel A. Jimenez, CPPO, CPPB Procurement Contracting Officer Internal Services Department Subject: Request for Responsiveness Determination for Pennrose, LLC in Response to RFP No. 01298, Redevelopment of Rainbow Village & Gwen Cherry 23C On December 2, 20y9, three proposals were received for the subject RFP and subsequently reviewed for responsiveness. Please advise whether the subject proposal Is responsive. Section 3.0. Response Reaulrements For Proposers Proposer: Issue: Pursuant to RFP No. 01296, Redevelopment of Rainbow Village & Gwen Cherry 23C, Section 3.0, Response Requirements For Proposers, Pennrose, LLC ("Pennrose") did not provide Form 1 - Revenue and Income Streams Proposal in its response to RFP-01296. 1) Section 3.5 of the RFP, Form 1 — Revenue and Income Streams Proposal, states: "Complete following the requirements therein." 2) Form 1, also states: "The Proposer's revenue end income streams shall be submitted on this Form 1, Revenue Pe LLCse, and Income Streams shall be in the manner stated herein..." ("Pennrose") Research Conducted: After I discovered that Pennrose's Proposal was missing Form 1, I thoroughly reviewed Penru se's Proposal several times, trying to discover any embedded statement in the Proposal related to the Proposer's Revenue and Income Streams Proposal (Form 1). The result was negative; I could not find any such statement in the Proposal. I also reviewed the Proposer's response activity log in BidSync, and the report shows that the Proposer downloaded Form 1 on November 18, 2019 at 8:43:15 AM EST (See attached Pennrose's Response Activity Report). The total value of the award will be over $1 million. if you have any questions, please contact me at (305) 375-4425. Thank you for your attention to this matter. Attachments: RFP-01296 Submittals RFP-01296 Solicitation Package (Complete) Pennrose's Response Activity Report 8 MEMORANDUM (Revised) TO: Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners FROM - L lgatl rice- ' i Tams unty Attorney J This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Ccde. The applica Lie decision -making body will en n ew the intonation at the public hearing to render a recommendation or a final decision. NOTICE PZ-20-7953 01/15/21 DATE: Ap it SUBJECT: Agenda Item No. 8(F) (1) Please note any items checked. "3-Day Rule" for committees applicable if raise 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures witdout balancing budget Budget require Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 2/3's present ✓, 2/3 membership , 3/5's _ , unanimous , CDMP 7 vote requirement per 2-116.1(3)(h) or (4)(c) , CDMP 2/3 vote requirement per 2-116.1(3)(h) or (4)(c) , or CDMP 9 vote requirement per 2-116.1(4)(c)(2) ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required 9 Approved Veto Override Manor RESOLUTION NO. R-297-20 Agenda Item No. 4-7-20 RESOLUTION AUTHORIZING, IN ACCORDANCE WITH SECTION 125.35, FLORIDA STATUTES, AWARD OF AN 11 MONTH GROUND LEASE AGREEMENT TO HOUSING TRUST GROUP, LLC, AND ITS AFFILIATES ("HTG"), A FLORIDA LIMITED LIABILITY COMPANY FOR NOMINAL VALUE AND FOR THE PURPOSE OF PROVIDING SITE CONTROL TO HTG FOR THE REDEVELOPMENT OF RAINBOW VILLAGE AND GWEN CHERRY 23C PUBLIC HOUSING DEVELOPMENTS PURSUANT TO REQUEST FOR PROPOSAL (RFP) NO. 01296, FOR THE REDEVELOPMENT OF RAINBOW VILLAGE AND GWEN CHERRY 23C, FOR THE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT; WAIVING SECTIONS 2-8.3 AND 2-8.4 OF THE COUNTY CODE RELATING TO BID PROTEST PROCEDURES BY A TWO-THIRDS VOTE OF THE BOARD MEMBERS PRESENT; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE THE GROUND LEASE AGREEMENT, TO EXERCISE ALL PROVISIONS CONTAINED THEREIN, INCLUDING TERMINATION AND AMENDMENT PROVISIONS, TO EXECUTE OR CONSENT TO THE EXECUTION OF SUB - GROUND LEASES AS MAY BE REQUIRED BY THE FLORIDA HOUSING FINANCE CORPORATION OR OTHER FUNDING SOURCES, TO PRESERVE SITE CONTROL NOTICE This submittal needs to be scheduled bra puboc hearing In accordance whh bmellnes set forth in the City of Miami Code. The applica decision -making body will redew the Information at the pubec hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that: Section 1. This Board authorizes, in accordance with section 125.35, Florida Statutes, award of a 11-month Ground Lease Agreement ("Lease") for RFP No. 010296 with Housing Trust Group, LLC, and its affiliates ("HTG"), for nominal value and for the purpose of providing site control to HTG for the redevelopment of Rainbow Village and Gwen Cherry 23C public housing 10 PUBL, Agenda Item No. 8(F Page No. 2 developments (Project Site), pursuant to Request for Proposal (RFP) No. 01296, of Rainbow Village and Gwen Cherry 23C for the Public Housing and Community Department. Section 2. This Board waives the requirements of sections 2-8.3 and 2.-8.4 of the Miami -Dade County Code ("Code") pertaining to bid protests, by a two-thirds vote of the Board members present, to allow HTG the opportunity to apply for competitive funds from the Florida Housing Finance Corporation's State Apartment Incentive Loan Program, by the application deadline in March 2020. Additionally, this Board waives the Code to ensure that the Public Housing and Community Development Department is able to provide assurances to the United States Department of Housing and Urban Development ("HUD") by March 2020 that the County is making significant progress on the County's plan to covert certain public housing units to Section 8 Project -based units through HUD's Rental Assistance Demonstration Program. Section 3. This Board authorizes the County Mayor or County Mayor's designee to execute the Lease, in substantially the form attached hereto as Attachment "A" and incorporated herein by reference. This Board further authorizes the County Mayor or the County Mayor's designee to exercise all provisions contained in the Lease including, but not limited to, termination and amendment provisions and the following provisions that authorize the County Mayor or the County Mayor's designee to (a) review and approve documents, plans, applications, lease assignments and requests required or allowed by HTG to be submitted to the County pursuant to the Lease; (b) consent to actions, events, and undertakings by HTG or extensions of time periods for which consent is required by the County, including, but not limited to, extensions of time for the performance of any obligation by HTG under the Lease; (c) execute any and all documents on behalf of the County necessary or convenient to the foregoing approvals, consents, and appointments; (d) negotiate lease bifurcation agreements; (e) negotiate terms of Right of First Co 0 a. >.coua°� NOTICE This submittal needs to be scheduled bra public hearing In accordance wiHr timelines set forth in the City of Miami Code. The appllcade declslon-making body rdll review the Information at the public hearing to render a recommended on or alms' decision. PZ-20-7953 01/15/21 RE !EW C°' 11 Agenda Item No. 8(F) Page No. 3 Refusal and Option to Purchase Agreements; (f) assist HTG with and execute o County any applications or other documents, needed to comply with applica procedures and to secure financing, permits or other approvals to accomplish the constr any and all improvements in and refurbishments of the property; (g) amend the Lease to correct any typographical or non -material errors, to address revisions or supplements hereto of a non- material nature or to carry out the purposes of the Lease; (h) execute or consent, at the County Mayor or the County Mayor's designee sole discretion, to subleases with HTG's assignees, including any amendments, extensions, and modifications thereto, in substantially the form attached to the Lease as Exhibit "D" (i) execute recognition and non -disturbance agreements and issue estoppel statements; and (j) to take all other necessary actions that may be required by the Florida Housing Finance Corporation or other funding sources, to preserve site control. Section 4. This Board directs the County Mayor or the County Mayor's designee to provide to the Property Appraiser's Office executed copies of the ground leases, sub -ground leases and operating agreements within 30 days of their execution. Section 5. This Board directs the County Mayor or the County Mayor's designee, pursuant to Resolution No. R-974-09, shall record in the public record the ground lease or, memorandum of ground lease, sub -ground leases or memoranda of sub -ground leases, covenants, reverters and mortgages creating or reserving a real property interest in favor of the County and shall provide a copy of such recorded instruments to the Clerk of the Board within 30 days of execution and final acceptance. This Board further directs the Clerk of the Board, pursuant to Resolution No. R-974-09, to attach and permanently store a recorded copy of any instrument provided in accordance herewith together with this resolution. This submittal needs to kbe scheduled bra public hearing In accordance wiH, timelines set forth in the City of Miami Code. The applicade declslon-making body will review the Information at the public hearing to render a recommended on or alms' decision. PZ-20-7953 01/15/21 12 PUBS, Agenda Item No. 8(F Page No. 4 The foregoing resolution was offered by Commissioner Rebeca who moved its adoption. The motion was seconded by Commissioner Audrey M. E upon being put to a vote, the vote was as follows: Audrey M. Edmonson, Chairwoman aye Rebeca Sosa, Vice Chairwoman aye Esteban L. Bovo, Jr. Jose "Pepe" Diaz Eileen Higgins Joe A. Martinez Dennis C. Moss Xavier L. Suarez aye Daniella Levine Cava aye Sally A. Heyman aye Barbara J. Jordan aye Jean Monestime aye Sen. Javier D. Souto aye O tz- NOTICE This submittal needs to be scheduled for a public hearing In accordance with timelines set forth in the City of Miami Code. The applicade declaion-making bodywlll review the Information at the public hearing to render a recommendation or a final decia on. aye aye aye aye aye The Chairperson thereupon declared this resolution duly passed and adopted this PZ-20-7953 01/15/21 'VIEW CC�Q 7tn day of April, 2020. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this resolution and the filing of this approval with the Clerk of the Board. Approved by County Attorney as to form and legal sufficiency. Terrence A. Smith MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK Melissa Adames By: _ Deputy Clerk 13 ATTACHMENT G 0 PUBL, GROUND LEASE Dated as of March _, 2020 between MIAMI-DADE COUNTY Landlord and RAINBOW REDEVELOPMENT, LLC Tenant NOTICE This submittal needs to be schebu led bra public hearing In accordance wiHi timelines set forth in the City of Miami Cede. The appllcade decision -making burly will review the Information at the public hearing to render a recommended on or a final decision. PZ-20-7953 01/15/21 RE 4,4z`'‘`' !EW C°' GROUND LEASE (Project No. RFP-01296 for the Redevelopment of Rainbow Village and Gwen Cherry 23C) THIS GROUND LEASE (the Lease), made as of March , 2020 (the Lease Date), by and between MIAMI-DADE COUNTY, a political subdivision of the State of Florida and a "public housing agency" as defined in the United States Housing Act of 1937 (42 U.S.C. §1437 et seq., as amended) (Landlord), and RAINBOW REDEVELOPMENT, LLC, a Florida limited liability company (Tenant), as assignee of Housing Trust Group, LLC, a Florida limited liability company (HTG). Capitalized terms used in this Lease, without being defined elsewhere herein, shall have the meanings set forth in Section 1.1 hereof. WITNESSETH: This submittal needs to be scheduled fora pubichexing accordance vet timelines set forth in the City of Wan Gade.The applira Ge decision-mking body vdl review theinhmn,don at the public hearing to render recommendadan Or a final decigon PZ-20-7953 01/15/21 WHEREAS, Landlord is the owner of the Land consisting of certain real property located in Miami -Dade County, Florida, on which is located public housing developments known as Rainbow Village and Gwen Cherry 23C (FLA 5-32 and FLA 5-27); and WHEREAS, Landlord sought qualified developers to redevelop the Land pursuant to the terms and conditions set forth in Request for Proposal No. 01296, Redevelopment of Rainbow Village and Gwen Cherry 23C (RFP); and WHEREAS, HTG has proposed to construct, through special purpose entities (including Tenant), (a) under Scenario A, approximately 1,014 mixed -income units on the Land, 136 of which will be RAD Units; or (b) under Scenario B, 1,316 mixed -income units, 136 of which will be RAD Units under Scenario B; and WHEREAS, Tenant intends to apply for various sources of private and public funding, which may include but is not limited to Low Income Housing Tax Credits (LIHTC) through the Florida Housing Finance Corporation (FHFC) and Federal Housing Administration's (FHA) 221(d)(4) program; and is required to meet certain requirements as a condition of being awarded such financing; and is responsible in all cases for identifying adequate project funding; and WHEREAS, such applications require Tenant to present evidence of site control over the Land at the time of the application as a condition of being awarded financing; and WHEREAS, evidence of site control over the Land includes a ground lease; and WHEREAS, on , 2020, the Miami -Dade Board of County Commissioners (the Board) adopted Resolution No. , awarding the RFP to the Tenant and approving the execution of this Lease; and WHEREAS, Landlord and Tenant are willing to enter into this Lease of the Land conditioned on Tenant obtaining financing, which may include FHFC awarding Tenant LIHTC. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties set forth herein, Landlord and Tenant do hereby covenant and agree as follows: Project No. RFP-01296 ACTIVE 48486805v4 1 15 ARTICLE I DEFINITIONS Definitions. The following terms shall have the following definitions in this Lease: This submittal needs to be scheduled for public hearing in accordance with timeline; set forth in the City of Miami Cede. The applicade decision -making body will review the information at the public hearing to render a recommendation or a final decia on. PZ-20-7953 01/15/21 (a) ACC means the Consolidated Annual Contributions Contract between HUD and Landlord as amended in relation to the Premises by the ACC Amendment. (b) ACC Amendment means the Mixed -Finance Amendment to Consolidated Annual Contributions Contract, dated on or about the Commencement Date, by Landlord and HUD, and incorporating the Public Housing Units, as the same may be further amended from time to time. (c) Act means the United States Housing Act of 1937 (42 U.S.C. § 1437, et seq.), as amended from time to time, any successor legislation, and all implementing regulations issued thereunder or in furtherance thereof. (d) Applicable Public Housing Requirements means, collectively, the Act, HUD regulations thereunder (and, to the extent applicable, any HUD -approved waivers of regulatory requirements), and all other Federal statutory, executive order, and regulatory requirements applicable to public housing, as such requirements now exist or as they may be amended from time to time. With respect to the Public Housing Units, the term Applicable Public Housing Requirements shall also include the ACC and the ACC Amendment, as and to the extent applicable to the Public Housing Units during the term thereof or the period required by law. (e) Bankruptcy Laws has the meaning set forth in Section 8.1(d). (f) Board means the Board of County Commissioners as provided in the Recitals to this Lease. (g) Commencement Date means the date on which the Tenant closes on its construction financing for the rehabilitation, redevelopment or new construction, as applicable, of the Improvements and the sale or syndication of the LIHTC, if applicable. (h) Declaration of Restrictive Covenants means any use agreement, declaration or similar covenant in favor of HUD to be recorded against the Land prior in lien priority to any leasehold mortgage and this leasehold which obligates Tenant and any successor in title to the Premises, including a successor in title by foreclosure or deed -in -lieu of foreclosure (or the leasehold equivalent), to maintain and operate the Premises in compliance with the Applicable Public Housing Requirements for the period stated therein. (i) Defects has the meaning set forth in Section 7.3. (j) Development means the construction (or rehabilitation), maintenance and operation of the Premises in accordance with this Lease. (k) Entitlements means all development, zoning, land use, entitlements, operation permits, concurrency, comprehensive plan amendments, site plan approval, platting, water and sewer rights and/or any other approvals and/or variances as may be required from the various Project No. RFP-01296 ACTIVE 48486805v4 2 16 governmental or quasi -governmental authorities having jurisdiction over the Premis applicable appeals period, for the development and construction of the Project. (I) Environmental Assessments means the environmental studies and rep obtained by Tenant on or before the Commencement Date. This srbmittalrreeds to be scheduled fora pub& heaeg accordance With timelines set forth tithe Cirya( Miami Code. The appliraGedecision-making bodyvall review the inlormdon at the public heaingtoreMaa recommendadan Or a final decision PZ-20-7953 01/15/21 (m) Environmental Laws means any present and future Federal, State or local law, ordinance, rule, regulation, permit, license or binding determination of any governmental authority relating to, imposing liability or standards concerning or otherwise addressing the protection of land, water, air or the environment, including, but not limited to: the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601 et seq. (CERCLA); the Resource, Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (RCRA); the Toxic Substances Control Act, 15 U.S.C. §2601 et seq. (TOSCA); the Clean Air Act, 42 U.S.C. §7401 et seg.; the Clean Water Act, 33 U.S.C. §1251 et seq. and any so-called "Superfund" or "Superlien" law; as each is from time to time amended and hereafter in effect. (n) Event of Default has the meaning set forth in Section 8.1. (o) FHFC has the meaning set forth in the Recitals of this Lease. (p) Governing Documents means (i) with respect to the Public Housing Units, the Declaration of Restrictive Covenants, the ACC, ACC Amendment, the Operating Agreement, and other agreements associated with the RAD, including, but not limited to HAP Contract. In the event of a conflict between the Operating Agreement and the ACC, ACC Amendment, Declaration of Restrictive Covenants and the Hap Contract, the ACC, the Declaration of Restrictive Covenants and the HAP Contract shall govern, and (ii) with respect to the RAD Units, any document effectuating any part of RAD Requirements, including, without limitation, a RAD Conversion Commitment, a RAD Use Agreement, and a RAD HAP Agreement. (q) HAP Contract means the Housing Assistance Payment Contract(s) to be entered into between Tenant and Landlord in accordance with the RAD Program. (r) Hazardous Substances means (i) "hazardous substances" as defined by CERCLA or Section 311 of the Clean Water Act (33 USC § 1321), or listed pursuant to Section 307 of the Clean Water Act (33 USC § 1317); (ii) "hazardous wastes," as defined by RCRA; (iii) any hazardous, dangerous or toxic chemical, waste, pollutant, material, element, contaminant or substance ("pollutant") within the meaning of any Environmental Law prohibiting, limited or otherwise regulating the use, exposure, release, emission, discharge, generation, manufacture, sale, transport, handling, storage, treatment, reuse, presence, disposal or recycling of such pollutant; (iv) petroleum crude oil or fraction thereof; (v) any radioactive material, including any source, special nuclear or by-product material as defined in 42 U.S.C. §2011 et seq. and amendments thereto and reauthorizations thereof; (vi) asbestos -containing materials in any form or condition; (vii) polychlorinated biphenyls or polychlorinated biphenyl -containing materials in any form or condition; (viii) a "regulated substance" within the meaning of Subtitle 1 of RCRA, as amended from time to time and regulations promulgated thereunder; (ix) substances the presence of which requires notification, investigation or remediation under any Environmental Laws; (x) urea formaldehyde foam insulation or urea formaldehyde foam insulation -containing materials; (xi) lead -based paint or lead -based paint -containing materials; and (xii) radon or radon -containing or producing materials. Project No. RFP-01296 ACTIVE 48486805v4 3 17 (s) HTG has the meaning set forth in the Recitals to this Lease. (t) HUD means the United States Department of Housing and Urban Dev NOTICE This submittal needs to be scheduled fora puboc hearing In accordance wkh timelines set forth in the City of Miami Code. The appLIca decision -making body will redew the Information at the pubec hearing to render a recommended on or a final decla on. (u) Improvements means all repairs, betterments, buildings and developm hereafter constructed or rehabilitated on the Land, and any additional parking areas, walkways, landscaping, fencing or other amenities on the Land. PZ-20-7953 01/15/21 (v) Inspector General has the meaning set forth in Section 12.1. (w) Investor means Tenant's equity investor(s) who will be admitted as a member or limited partner (as applicable) of Tenant under the Operating Agreement. (x) IPSIG has the meaning set forth in Section 12.1. (y) Land means that certain real property located in Miami -Dade County, legally described in Exhibit A, together with all easements, rights, privileges, licenses, covenants and other matters that benefit or burden the real property. (z) Landlord shall have the meaning ascribed to such term in the introductory paragraph to this Lease and means Miami -Dade County, a political subdivision of the State of Florida and a "public housing agency" as defined in the Act. (aa) Lease shall have the meaning ascribed to such term in the introductory paragraph to this Lease and means this ground lease as the same shall be amended from time to time. (bb) Lease Date shall have the meaning ascribed to such term in the introductory paragraph to this Lease and means the date on which this Lease is signed by the last of the Landlord or Tenant. (cc) ease Year means, in the case of the first lease year, the period from the Commencement Date through December 31st of that year; thereafter, each successive twelve - calendar month period following the expiration of the first lease year of the Term; except that in the event of the termination of this Lease on any day other than the last day of a Lease Year then the last Lease Year of the Term shall be the period from the end of the preceding Lease Year to such date of termination. (dd) LIHTC has the meaning set forth in the Recitals to this Lease. (ee) Operating Agreement means the Amended and Restated Operating Agreement or Limited Partnership Agreement (as applicable) of Tenant to be entered into on or about the Commencement Date and pursuant to which the Investor will be admitted as a member or limited partner of the Tenant. (ff) Partial Taking has the meaning set forth in Section 6.2(d). (gg) Permitted Encumbrances means such recorded title matters as are disclosed pursuant to the title commitment to be obtained by Tenant pursuant to Section 7.1 and are not identified by Tenant as objectionable matters pursuant to the procedure provided in Section 7.3. Project No. RFP-01296 ACTIVE 48486805v4 4 18 (hh) Permitted Leasehold Mortgage has the meaning set forth in Secti (ii) Permitted Leasehold Mortgagee has the meaning set forth in Sectio This submittal needs to be scheau lee fora pubic hearing In accordance wAh tmatinee set forth in the City of Miami Code. The appdca de decision -making bedywlll resew the Information at the pubic hearing to render a recommendation or a final deeW on. PZ-20-7953 01/15/21 (jj) Personal Property means all fixtures (including, but not limited to, all heatin. , conditioning, plumbing, lighting, communications and elevator fixtures), fittings, appliances, apparatus, equipment, machinery, chattels, building materials, and other property of every kind and nature whatsoever, and replacements and proceeds thereof, and additions thereto, now or at any time hereafter owned by Tenant, or in which Tenant has or shall have an interest, now or at any time hereafter affixed to, attached to, appurtenant to, located or placed upon, or used in any way in connection with the present and future complete and comfortable use, enjoyment or occupancy for operation and maintenance of the Premises, excepting any personal property or fixtures owned by any tenant (other than the Tenant) occupying the Premises and used by such tenant for residential purposes or in the conduct of its business in the space occupied by it to the extent the same does not become the property of Tenant under the lease with such tenant or pursuant to applicable law. (kk) Plans and Specifications means the plans and specifications for the Improvements to be constructed (or rehabilitated) on the Land by Tenant. (Il) Premises means the Land, the Improvements and the Personal Property. (mm) Project means the development of the Improvements on the Land in accordance with the Plans and Specifications. (nn) Project -Based Voucher (PBV) program means a component of a public housing agency's (PHA's) Housing Choice Voucher (HCV) program or the PHA's PBVs allocated through the RAD Program. (oo) Public Housing Units means 136 units on the Premises regulated as public housing units in accordance with the Operating Agreement, all of which will be converted to RAD Units and Project -Based Voucher Units, under RAD 75/25 Section 18 "demo/dispo" Blend, contingent on HUD approval. (pp) Qualified Assignee shall mean any individual, corporation, limited liability company, general or limited partnership, joint venture or other entity that is a registered vendor with the Landlord and is not otherwise prohibited by legislation then in effect from doing business with the Landlord or has not otherwise been issued a Limited Denial or Participation, Suspension or Debarment by any governing local, state or federal agency. (qq) RAD HAP Contract means Housing Assistance Payments Contract(s) for project based vouchers in the form required by RAD Requirements. (rr) RAD Program means HUD's Rental Assistance Demonstration program originally authorized by the Consolidated and Further Continuing Appropriations Act of 2012 (Public Law 112-55), as it may be re -authorized or amended, as further governed by HUD Notice H-2019-09, PIH-2019-23 (HA), Rental Assistance Demonstration Final Implementation -Revision 4, and any subsequent revisions thereto. Project No. RFP-01296 ACTIVE 48486805v4 5 19 (ss) RAD Requirements means all requirements for the RAD Program Tenant as set forth in the RAD Documents and any other rules or regulations p HUD for the RAD Program. This submittalrreeds to be scheduled tar a pnb& hearig accordance With timelines set forth in the (Rya( Miami Code. The appliraGe decision-maFeg bodyvdt review the inlormdon at the public hearing to rendera re ommendad on pr a final decision PZ-20-7953 01/15/21 (tt) RAD Unit means any of the 136 units on the Premises (or elsewhere if our to a "transfer of assistance" approved by Landlord and HUD) to be converted and operated in accordance with RAD Requirements. (uu) Real Estate Taxes has the meaning set forth in Section 3.5. (vv) Regulatory Default has the meaning set forth in Section 8.5. (ww) Rent has the meaning set forth in Section 3.1. (xx) RFP has the meaning set forth in the Recitals to this Lease. (yy) Sublease has the meaning set forth in Section 5.7. (zz) Sublessee means any sublessee to which Tenant subleases a portion of the ground leasehold estate created hereby, or any whole or partial assignee of this Lease through a partial assignment or bifurcation of this Lease, as provided in Section 5.7(b), but excluding any tenant of an individual residential or commercial unit. (aaa) Taking means any taking of the title to, access to, or use of the Premises or any portion thereof by any governmental authority or any conveyance under the threat thereof, for any public, or quasi -public use or purpose. A Taking may be total or partial, permanent or temporary. (bbb) Tenant shall have the meaning ascribed to such term in the introductory paragraph to this Lease and means RAINBOW REDEVELOPMENT, LLC, a Florida limited liability company. (ccc) Term means a period of time commencing with the Lease Date and continuing until the date which is seventy-five (75) Lease Years thereafter or longer as may be required by funding sources such as FHFC and as mutually agreed upon by Landlord and Tenant. (ddd) Total Taking has the meaning set forth in Section 6.2(c). 1.2. Interpretation. The words "hereof," "herein," "hereunder," and other words of similar import refer to this Agreement as a whole and not to any particular Section, subsection or subdivision. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Words importing the singular number shall include the plural and vice versa unless the context shall otherwise indicate. 1.3. Exhibits. Exhibits to this Lease are incorporated by this reference and are to be construed as a part of this Lease. Project No. RFP-01296 ACTIVE 48486805v4 6 20 ARTICLE II PREMISES AND TERM Ibis sobminal needs to be scheduled bra pub& hearbg Naaccordance wM timelines set forth nthe City of ry Cade. The applIca Ge decision -malting bodyail review the information at the public hearing to meek, a recommendation or a final decision_ Landlord leases and demises to Tenant and its successors and assigns, subject to with the benefit of the terms, covenants, conditions and provisions of this Lease, the Land for Term unless sooner terminated in accordance with the provisions contained in this Lease. ARTICLE III RENT PZ-20-7953 01/15/21 he 3.1. Rent. Tenant covenants and agrees to pay to Landlord as Rent under this Lease the lump sum ground lease payments for either Scenario A or Scenario B (dependent upon which Scenario is actually pursued by Tenant as the Project) as and when set forth under Section A of the Revenue and Income Streams Schedule attached to this Lease as Exhibit B. Rent shall be made payable to the Board of County Commissioners, c/o Public Housing and Community Development, 701 N.W. 1st Court, 16th Floor, Miami, Florida 33136, or at such other place and to such other person as Landlord may from time to time designate in writing, as set forth herein. Prior to the Commencement Date, Tenant is not obligated to pay Rent or any other sums to the Landlord under this Lease. 3.2. Surrender. Upon the expiration of this Lease by the passage of time or otherwise, Tenant will yield, surrender and deliver up possession of the Premises to Landlord. In the event Tenant fails to vacate the Premises and remove such personal property as Tenant is allowed hereunder to remove from the Premises at the end of the Term, or at the earlier termination of this Lease, Landlord shall be deemed Tenant's agent to remove such items from the Premises at Tenant's sole cost and expense. Furthermore, should Tenant fail to vacate the Premises in accordance with the terms of this Lease at the end of the Term, or at the earlier termination of this Lease, the Tenant shall pay to Landlord a charge for each day of occupancy after expiration or termination of the Lease in an amount equal to 150% of Tenant's Rent (applicable during the immediately preceding Lease Year) prorated on a daily basis. Such charge shall be in addition to any actual damages suffered by Landlord due to Tenant's failure to vacate the Premises, for which Tenant shall be fully liable, it being understood and agreed, however, that Tenant shall under no circumstances be liable to Landlord for any incidental, indirect, punitive or consequential damages (including, but not limited to, loss of revenue or anticipated profits). 3.3. Utilities. Commencing as of the Commencement Date, Tenant shall pay or cause to be paid all charges for water, gas, sewer, electricity, light, heat, other energy sources or power, telephone or other service used, rendered or supplied to Tenant in connection with the Premises. 3.4. Other. Commencing as of the Commencement Date, Tenant covenants to pay and discharge, when the same shall become due all other amounts, liabilities, and obligations which Tenant assumes or agrees to pay or discharge pursuant to this Lease, together with every fine, penalty, interest and cost which may be added for nonpayment or late payment thereof (provided that Tenant shall not be liable for any payment or portion thereof which Landlord is obligated to pay and which payment Landlord has failed to make when due); and, in the event of any failure by Tenant to pay or discharge the foregoing, Landlord shall have the right, after ten (10) business Project No. RFP-01296 ACTIVE 48486805v4 7 21 days' notice to Tenant, to make any such payment on behalf of Tenant and therefor. 3.5. Taxes. Tenant understands and agrees that as a result of the Landlord's fee ow the Premises, for State law purposes, the Premises may be exempt from any ad valorem Landlord represents to Tenant that any such exemption should remain in effect notwithstanding that Landlord is entering into this Lease. However, during the Term of this Lease, if, for any reason whatsoever, the Premises become subject to ad valorem taxes or any other real estate taxes, fees, impositions and/or charges become imposed during the Term and any Extensions upon the Premises and the building and/or other improvements constructed on the Premises by Tenant (Real Estate Taxes), then, in such event, from and after the Commencement Date (but not before such date),Tenant shall be required to pay such Real Estate Taxes, prior to delinquency without notice or demand and without set-off, abatement, suspension or deduction. In the event that the folio identification number applicable to the Premises shall also contain other property not specifically included in, or a part of, the Premises, then Tenant shall only be required to pay the portion of such taxes exclusively attributable to the Premises. This submktal needs to be .scheduled bra pubic hearig accordance wlNUmelnes set forth in the City of Mary Cade. The applied IXe decision -malting body ad review the information at the public heariny to rendera r bommenpab on or a Anal beclyon, PZ-20-7953 01/15/21 3.6. Contested Obligations. If Tenant shall deem itself aggrieved by any Real Estate Taxes or other charges for which it is responsible hereunder and shall elect to contest the payment thereof, Tenant may make such payment under protest or, if postponement of such payment will not jeopardize Landlord's title to the Land, or subject Landlord to the risk of any criminal liability or civil liability or penalty, Tenant may postpone the same provided that it shall secure such payment and the interest and penalties thereon and the costs of the contest on the determination or the proceedings or suit in which such contest may be had, by causing to be delivered to Landlord cash or other security satisfactory to Landlord, or a bond of indemnity of a good and solvent surety company, in form and amount satisfactory to Landlord. Either party paying any Real Estate Taxes or other charges shall be entitled to recover, receive and retain for its own benefit all abatements and refunds of such Real Estate Taxes or other charges, unless it has previously been reimbursed by the other party, in which case an equitable distribution will be made. Tenant agrees to save Landlord harmless from ail costs and expenses incurred on account of Tenant's participation in such proceedings or as a result of Tenant's failure to pay Real Estate Taxes and other related charges with respect to the Premises. Landlord, without obligating itself to incur any costs or expenses in connection with such proceedings, shall cooperate with Tenant by providing such information and executing such applications, documents or filings as requested by Tenant, each with respect to such proceedings so far as reasonably necessary; provided, however, that Tenant acknowledges that the foregoing duty to cooperate will not require the Landlord to take any legal position contrary to the position taken by the Miami -Dade County Property Appraiser or Tax Collector in any such proceeding. Tenant shall not discontinue any abatement proceedings begun by it without first giving the Landlord written notice of its intent to do so and reasonable opportunity to be substituted in such proceedings. Landlord shall promptly furnish to Tenant a copy of any notice of any Real Estate Taxes received by Landlord. 3.7. Control and Liabilities. Landlord acknowledges and agrees that Landlord is and shall be, at all times prior to the Commencement Date, in use, control and occupancy of the Premises and all improvements located thereon. In connection with the foregoing, Landlord further acknowledges and agrees that Landlord is responsible for maintaining, repairing, securing, supervising and managing the Premises, including with respect to any third parties (e.g., tenants) located in the Premises. All debts, obligations and liabilities arising prior to the Commencement Date in the course of business of the Premises or otherwise in connection with the use, occupancy Project No. RFP-01296 ACTIVE 48486805v4 8 22 Puat. ,C ci 0 a or operation thereof (including, but not limited to, all such liabilities for utilities, t costs and expenses related to the Premises; all such liabilities under or wit Environmental Laws or claims; all such liabilities under or with respect to any per claims; and any and all obligations related to the operation, maintenance, repair, lb�y1E supervision and management of the Premises) are and shall be the obligation of Landlor•, Tenant shall not be liable or otherwise responsible for any such debts, obligations or liabilities or have any duties to the Landlord or any third parties with respect to the use, occupancy or operation of the Premises. ARTICLE IV INDEMNITY, LIENS AND INSURANCE 4.1. Indemnity for Tenant's Acts. Landlord shall continue to operate the Premises until the Commencement Date as provided in Section 3.7 above and Section 5.1(b) below. From and after the Commencement Date, Tenant shall indemnify and hold harmless the Landlord and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the Landlord or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Lease by the Tenant or its employees, agents, servants, members, principals or subcontractors. Tenant shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the Landlord, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon, provided, however, nothing herein contained shall obligate or hold Tenant responsible (a) for any costs, expenses, claims or demands made by any party associated with the Premises relating to acts or omissions occurring prior to the Commencement Date (including, but not limited to, any acts or omissions relating to the operation, maintenance, repair, security, supervision or management of the Premises), or (ii) for any claims stemming from Landlord's and/or its officers', employees' or agents' acts or omissions; it being agreed to by the Landlord and Tenant that Tenant shall have no liability or obligation whatsoever with respect to such acts or omissions. Tenant expressly understands and agrees that any insurance protection required by this Lease or otherwise provided by Tenant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Landlord or its officers, employees, agents and instrumentalities as herein provided. 4.2. Landlord's Environmental Responsibility and Representations. (a) Except to the extent that an environmental condition is aggravated or exacerbated by the negligent or willful acts or omissions of Tenant, its agents or contractors, Tenant shall not be responsible under this Lease for any claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement action of any kind, and all costs and expenses incurred in connection therewith arising out of: (i) the presence of any Hazardous Substances in, on, over, or upon the Premises first affecting the Premises as of or prior to the Commencement Date, whether now known or unknown; or (ii) the failure of Landlord or its agents or contractors prior to the Commencement Date to comply with any Environmental Laws relating to the handling, treatment, presence, removal, storage, decontamination, cleanup, transportation or disposal of Hazardous Project No. RFP-01296 ACTIVE 48486805v4 9 NOTICE 1 b.nktatneedc to be scheduled for a pubic hearing n accordance with timelines set forth in the Cryof Miami Cade The applicable decision -making body WI review theinfonnanon at the public hearingto render. recorernendafi on or a final deesian. PZ-20-7953 01/15/21 c0 23 Substances into, on, under or from the Premises at any time, whether or not such fai was known or knowable, discovered or discoverable prior to the Commencement D (b) Landlord represents and warrants to Tenant that, as of the date hereof: This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the city of Miami Cede. The applicade decision -making body NOR reWew the information at the public hearing to render a recommendation or a final decal on. PZ-20-7953 01/15/21 (i) except as may be referenced in the Environmental Assessments, and to the best of Landlord's actual knowledge, neither the Land nor any part thereof has been used for the disposal of refuse or waste, or for the generation, processing, storage, handling, treatment, transportation or disposal of any Hazardous Substances; (ii) except as may be referenced in the Environmental Assessments, and to the best of Landlord's actual knowledge, no Hazardous Substances have been installed, used, stored, handled or located on or beneath the Land, which Hazardous Substances, if found on or beneath the Land, or improperly disposed of off of the Land, would subject the owner or occupant of the Premises to damages, penalties, liabilities or an obligation to perform any work, cleanup, removal, repair, construction, alteration, demolition, renovation or installation in or in connection with the Premises (collectively, Environmental Cleanup Work) in order to comply with any Environmental Laws; (iii) except as may be referenced in the Environmental Assessments, and to the best of Landlord's actual knowledge, no notice from any governmental authority or any person has ever been served upon Landlord, its agents or employees, claiming any violation of any Environmental Law or any liability thereunder, or requiring or calling any attention to the need for any Environmental Cleanup Work on or in connection with the Premises, and neither Landlord, its agents or employees has ever been informed of any threatened or proposed serving of any such notice of violation or corrective work order; and (iv) except as may be referenced in the Environmental Assessments, and to the best of Landlord's knowledge, no part of the Land is affected by any Hazardous Substances contamination, which for purposes hereof, shall mean: (i) the contamination of any improvements, facilities, soil, subsurface strata, ground water, ambient air, biota or other elements on or of the Land by Hazardous Substances, or (ii) the contamination of the buildings, facilities, soil, subsurface strata, ground water, ambient air, biota or other elements on, or of, any other property as a result of Hazardous Substances emanating from the Land. 4.3. Liens. (a) Tenant agrees that it will not permit any mechanic's, materialmen's or other liens to stand against the Premises for work or materials furnished to Tenant it being provided, however, that Tenant shall have the right to contest the validity thereof. Tenant shall not have any right, authority or power to bind Landlord, the Premises or any other interest of the Landlord in the Premises and will pay or cause to be paid all costs and charges for work done by it or caused to be done by it, in or to the Premises, for any claim for labor or material or for any other charge or expense, lien or security interest incurred in connection with Tenant's development, construction or operation of the Improvements or any change, alteration or addition thereto made by or on behalf of Tenant. IN THE EVENT THAT ANY MECHANIC'S LIEN SHALL BE FILED, TENANT SHALL EITHER (A) PROCURE THE RELEASE OR DISCHARGE THEREOF WITHIN NINETY (90) DAYS EITHER BY PAYMENT OR IN SUCH OTHER MANNER AS MAY BE Project No. RFP-01296 ACTIVE 48486805v4 10 24 PRESCRIBED BY LAW OR (B) TRANSFER SUCH LIEN TO BOND WITHIN NINE FOLLOWING THE FILING THEREOF. NOTICE IS HEREBY GIVEN THAT LANDL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED FURNISHED TO THE TENANT OR TO ANYONE HOLDING ANY OF THE P THROUGH OR UNDER THE TENANT, AND THAT NO MECHANICS' OR OTHER LIENS ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF THE LANDLORD IN AND TO ANY OF THE PREMISES. THE LANDLORD SHALL BE PERMITTED TO POST ANY NOTICES ON THE PREMISES REGARDING SUCH NON -LIABILITY OF THE LANDLORD. Thissubminal needs to he scheduled tor a pub& hemig bfaaccordance vet timelines set forth nthe Oty of rviCode. The applIca decision -mating bodynil review the plionnatlon at the public hearlrgta rendera recommendation or o final decision_ PZ-20-7953 01/15/21 (b) Tenant shall make, or cause to be made, prompt payment of all monies due and legally owing to all persons, firms, and corporations doing any work, furnishing any materials or supplies or renting any equipment to Tenant or any of its contractors or subcontractors in connection with the construction, reconstruction, furnishing, repair, maintenance or operation of the Premises, and in all events will bond or cause to be bonded, with surety companies reasonably satisfactory to Landlord, or pay or cause to be paid in full forthwith, any mechanic's, materialmen's or other lien or encumbrance that arises, due to the actions of Tenant or any person acting on behalf of or under the control of Tenant, against the Premises. (c) Tenant shall have the right to contest any such lien or encumbrance by appropriate proceedings which shall prevent the collection of or other realization upon such lien or encumbrance so contested, and the sale, forfeiture or loss of the Premises to satisfy the same; provided that such contest shall not subject Landlord to the risk of any criminal liability or civil penalty, and provided further that Tenant shall give reasonable security to insure payment of such lien or encumbrance and to prevent any sale or forfeiture of the Premises by reason of such nonpayment, and Tenant shall indemnify Landlord for any such liability or penalty. Upon the termination after final appeal of any proceeding relating to any amount contested by Tenant pursuant to this Section 4.3, Tenant shall pay within a prescribed time any amount determined in such proceeding to be due, and in the event Tenant fails to make such payment, Landlord shall have the right after ten (10) business days' notice to Tenant to make any such payment on behalf of Tenant and charge Tenant therefor. (d) Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, expressed or implied, to or for the performance of any labor or services or the furnishing of any materials for construction, alteration, addition, repair or demolition of or to the Premises or of any part thereof. 4.4. Insurance Requirements. Beginning on the Commencement Date and continuing until the expiration or earlier termination of the Term, Tenant shall at all times obtain and maintain, or cause to be maintained, insurance for Tenant and the Premises as described in Exhibit C, or as otherwise approved in writing by Landlord. ARTICLE V USE OF PREMISES; COVENANTS RUNNING WITH THE LAND 5.1. Use; Covenants. (a) In accordance with and subject to the terms and conditions of this Lease, Tenant and Landlord agree that Tenant shall construct or rehabilitate multifamily residential housing for Project No. RFP 01296 ACTIVE 48486805v4 11 25 low-income, family, elderly, disabled, special needs or other population and use after HUD's approval of Landlord's Applicable Public Housing Requirements Requirements (if and as applicable to the housing in question). (b) Tenant understands that a financing plan must be submitted to HUD by Septe 30, 2020. In the event such financial plan is not submitted to HUD by the before -mentioned date, may be grounds for termination of this Lease. Thissubminal needs to be scheduled bra pub& hemig bfaaccordancewTtlmelnes set forth in the Oty of rviCode. The appbca IXe decision-makilg body mil review the information at the public hearing to rendera mponvnendatlon or a Anal decision. PZ-20-7953 01/15/21 (c) Tenant covenants, promises, and agrees that commencing on the Commencement Date, during the Term of this Lease, it will operate the Premises and all elements thereof as mixed -used, mixed -income residential housing in compliance with the RAD Requirements, inclusive of a co -management agreement with the Landlord which will be negotiated as part of the Master Development Agreement and shall reflect appropriate allocation of fees and other compensation commensurate with the co -management duties to be performed, for so long as they are applicable (Permitted Use). Without limiting the generality of the foregoing sentence, or the duration of the use restrictions applicable during the Term, Tenant covenants, promises and agrees that: (i) It will (a) enter into the RAD HAP Contract when the same is presented by Landlord; (b) apply to Landlord for renewal of the RAD HAP Contract not later than ninety (90) days prior to the expiration of the RAD HAP Contract or any extension thereof, and (c) accept renewal of the RAD HAP Contract; and failure to do so will be considered a default under this Lease; (ii) During the Term, Tenant will operate and maintain the RAD Units in accordance with the requirements of the RAD Program for so long as the RAD Use Agreement and RAD HAP Contract so require, except to the extent that any requirement may be specifically waived in writing by Landlord and/or HUD, as appropriate; and (iii) Neither the Improvements, nor any part thereof, may be demolished other than (1) in accordance with the RAD Requirements and with prior written approval of Landlord or (2) as part of a restoration from a casualty. Notwithstanding the foregoing, prior to the Commencement Date, the Tenant agrees that Landlord shall have a continued right of entry onto the Premises for the purposes of the Landlord's continued operation of the Improvements and maintenance of the Premises during the period prior to the Commencement Date. Landlord shall, during this period, continue to operate the Improvements in the manner in which Landlord has operated them prior to the Lease Date and shall be responsible for all aspects of maintaining, leasing, operating, insuring and administering the Premises, as provided in Section 3.7 above. If, prior to the Commencement Date, the Premises is destroyed or damaged, or becomes subject to a taking by virtue of eminent domain, to any extent whatsoever, Tenant may, in its sole discretion, terminate this Lease by written notice to the Landlord, whereupon neither party hereto shall have any further rights or obligations hereunder. (d) The provisions of the Applicable Public Housing Requirements and RAD Requirements (if and as applicable), and this Section 5.1, are intended to create a covenant running with the land and, subject to the terms and benefits of the Applicable Public Housing Requirements and RAD Requirements (if and as applicable), to encumber and benefit the Premises and to bind for the Term Landlord and Tenant and each of their successors and assigns Project No. RFP-01296 ACTIVE 48486805v4 12 26 and all subsequent owners of the Premises, including, without limitation, any succeeds to Tenant's interest in the Premises by foreclosure of any Permitte Mortgage or instrument in lieu of foreclosure. This submittal needs to be scheduled bra publichexing Waaccordance sretdmelines set forth in thefity of n Code. The apphcaae decision -Waking botlyail renew theintwmabon at the public hearegio rendera recommended on Or a lanai decidar, PZ-20-7953 01/15/21 (e) In the event of a conflict between the Applicable Public Housing Requireme RAD Requirements and this Lease, the Applicable Public Housing Requirements and RAD Requirements (if and as applicable) shall govern. 5.2. Residential Improvements. (a) From and after the Commencement Date, Tenant shall construct the Improvements on the Land in conformance with the Plans and Specifications. Tenant shall cause the Improvements to be substantially completed and placed in service in accordance with the Governing Documents. Tenant shall construct the Improvements and make such other repairs, renovations and betterments to the Improvements as it may desire (provided that such renovations and betterments do not reduce the number of units or bedroom count at the Premises) all at its sole cost and expense, in accordance with (i) the Governing Documents and (ii) any mortgage encumbering the Tenant's leasehold estate, in a good and workmanlike manner, and in conformity with all applicable federal, state, and local laws, ordinances and regulations. Tenant shall apply for, prosecute, with reasonable diligence, procure or cause to be procured, all necessary approvals, permits, licenses or other authorizations required by applicable governmental authorities having jurisdiction over the Improvements for the construction and/or rehabilitation, development, zoning, use and occupation of the Improvements, including, without limitation, the laying out, installation, maintenance and replacing of the heating, ventilating, air conditioning, mechanical, electrical, elevator, and plumbing systems, fixtures, wires, pipes, conduits, equipment and appliances and water, gas, electric, telephone, drain and other utilities that are customary in developments of this type for use in supplying any such service to and upon the Premises. Landlord shall, without expense to Landlord absent consent therefor, cooperate with Tenant and assist Tenant in obtaining all required licenses, permits, authorizations and the like, and shall sign all papers and documents at any time needed in connection therewith, including without limitation, such instruments as may be required for the laying out, maintaining, repairing, replacing and using of such services or utilities. Any and all buildings, fixtures, improvements, trade fixtures and equipment placed in, on, or upon the Premises shall remain the sole and exclusive property of Tenant and its subtenants, notwithstanding their affixation to, annexation to, or incorporation into the Premises, until the termination of this Lease, at which time title to any such buildings, fixtures, Improvements trade fixtures and equipment that belong to Tenant shall vest in Landlord. (b) Tenant shall take no action to effectuate any material amendments, modifications or any other alterations to the Project proposals and applications, Plans and Specifications, or to increase the total number of Public Housing and/or RAD Units and/or other units, and/or other uses on the Land, unless authorized in accordance with the Governing Documents or otherwise approved by Landlord in writing and in advance. 5.3. Tenant's Obligations. (a) From and after the Commencement Date, Tenant shall, at its sole cost and expense, maintain the Premises, reasonable wear and tear excepted, and make repairs, restorations, and replacements to the Improvements, including without limitation the landscaping, irrigation, heating, ventilating, air conditioning, mechanical, electrical, elevator, and plumbing Project No. RFP-01296 ACTIVE 48486805v4 13 27 systems; structural roof, walls, floors and foundations; and the fixtures and appurte when needed to preserve them in good working order and condition, and regardles the repairs, restorations, and replacements are ordinary or extraordinary, fore unforeseeable, capital or non -capital, or the fault or not the fault of Tenant, its agents, e invitees, visitors, and contractors. All such repairs, restorations, and replacements will b quality and class, as elected by Tenant, either equal to or better than the original work or installations and shall be in accordance with all applicable building codes; provided, however, nothing herein contained shall obligate or hold Tenant responsible for any repairs, restorations, or replacements to the Improvements required as a result of an event, act or omission that occurred or existed prior to the Commencement Date. This submittal needs to be scheduled fora pubic hearing In accordance wAh timelines set forth in the City of Miami Code. The appdca de decision -making body NOR resew the Information at the pubic hearing to render a n:commendatl on or a final deeW on. PZ-20-7953 01/15/21 (b) Tenant may make any alterations, improvements, or additions to the Premises as Tenant may desire, if the alteration, improvement, or addition will not change the Permitted Use of the Premises. Tenant shall, prior to commencing any such actions, give notice to Landlord and provide Landlord with complete plans and specifications therefor. 5.4. Compliance with Law. (a) From and after the Commencement Date, Tenant shall, at its expense, perform all its activities on the Premises in compliance, and shall cause all occupants of any portion thereof to comply, with all applicable laws (including, but not limited to, Section 255.05, Florida Statutes, Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 and 24 C.F.R. Parts 8 and 9, which prohibit discrimination against persons with disabilities in any program or activity receiving Federal Financial assistance, 24 C.F.R. § 40.4, which establishes the Uniform Federal Accessibility Standards (UFAS) as the standard design, construction, or alteration of residential structures, the Americans with Disabilities Act, and applicable Fair Housing laws and ordinances), ordinances, codes and regulations affecting the Premises or its uses, as the same may be administered by authorized governmental officials. (b) Without limitation of the foregoing, but expressly subject to the provisions of Section 5.4, Tenant agrees to fulfill the responsibilities set forth below with respect to environmental matters: (i) From and after the Commencement Date, Tenant shall operate the Premises in compliance with all Environmental Laws applicable to Tenant relative to the Premises and shall identify, secure and maintain all required governmental permits and licenses as may be necessary for the Premises. All required governmental permits and licenses issued to Tenant and associated with the Premises shall remain in effect or shall be renewed in a timely manner, and Tenant shall comply therewith and cause all third parties to comply therewith. All Hazardous Substances present, handled, generated or used on the Premises will be managed, transported and disposed of in a lawful manner. Tenant shall exercise due care and not cause or allow on or upon the Premises, or as may affect the Premises, any act which may result in the discharge of any waste or hazardous materials in violation of Environmental Laws, or otherwise damage or cause the depreciation in value to the Premises, or any part thereof due to the release of any waste or hazardous materials on or about the Premises in violation of Environmental Laws. Tenant shall not knowingly permit the Premises or any portion thereof to be a site for the use, generation, treatment, manufacture, Project No. RFP-01296 ACTIVE 48486805v4 14 28 storage, disposal or transportation of Hazardous Substances, e amounts as are ordinarily used, stored or generated in similar otherwise knowingly permit the presence of Hazardous Substances in, the Premises in violation of any applicable law. This submittal needs to be scheduled fora pubMchexing aaudancewithtimelines set forth in the City of Miami Cade. The appliedlie decision-mking body v%dl review the inlwmabon at the pub!c hearingto rendera recummendaton or a final decide. PZ-20-7953 01/15/21 (li) Tenant shall promptly provide Landlord with copies of all forms, notices and other information concerning any releases, spills or other incidents relating to Hazardous Substances or any violations of Environmental Laws at or relating to the Premises upon discovery of such releases, spills or incidents, when received by Tenant from any government agency or other third party, or when and as supplied to any government agency or other third party. Additionally, Tenant hereby agrees to promptly notify Landlord, in writing, should an accident or incident occur in which any waste and/or hazardous materials are released or otherwise discharged on or about the Premises. 5.5. Ownership of Improvements/Surrender of Premises. From and after the Commencement Date through the end of the Term, Tenant shall be deemed to exclusively own the Improvements and the Personal Property for federal tax purposes, and Tenant alone shall be entitled to all of the tax attributes of ownership thereof, including, without limitation, the right to claim depreciation or cost recovery deductions and the right to claim the low-income housing tax credit described in Section 42 of the Internal Revenue Code, with respect to the Improvements and the Personal Property, and Tenant shall have the right to amortize capital costs and to claim any other federal tax benefits attributable to the Improvements and the Personal Property. Subject to the rights of any Permitted Leasehold Mortgagee, at the expiration or earlier termination of the Term of this Lease or any portion thereof, Tenant shall peaceably leave, quit and surrender the Premises, and the Improvements thereon (or the portion thereof so terminated), subject to the rights of tenants in possession of residential units under leases with Tenant. Upon such expiration or termination, the Premises (or portion thereof so terminated) shall become the sole property of Landlord, at no cost to Landlord, and shall be free of all liens and encumbrances and in the condition set forth in Section 5.3 (consistent with prudent and appropriate property management and maintenance during the Term) and, in the event of a casualty, to the provisions of Article VI. Tenant acknowledges and agrees that upon the expiration or sooner termination of this Lease any and all rights and interests it may have either at law or in equity to the Premises shall immediately cease. 5.6. Easements. Landlord agrees that Landlord shall not unreasonably withhold, condition or delay its consent, and shall join with Tenant from time to time during the Term in the granting of easements affecting the Premises which are for the purpose of providing utility services for the Premises, in accordance with an approved development or redevelopment plan, which easements, shall require the approval of the Board. If any monetary consideration is received by Tenant as a result of the granting of any such easement, such consideration shall be paid to Landlord. As a condition precedent to the exercise by Tenant of any of the powers granted to Tenant in this Section, Tenant shall give notice to Landlord of the action to be taken, shall certify to Landlord, that in Tenant's opinion such action will not adversely affect either the market value of the Premises or the use of the Premises for the Development. Project No. RFP-01296 ACTIVE 48486805v4 15 29 5.7. Transfer; Conveyance; Assignment. (a) Except as otherwise permitted hereunder, Tenant agrees for its successors and assigns in interest hereunder that it will not (1) assign this Lease or a rights under this Lease as to all or any portion of the Premises generally, or (2) make or pe any voluntary or involuntary total or partial sale, lease, assignment, conveyance, mortgage, pledge, encumbrance or other transfer of any or all of the Premises, or the Improvements, or the occupancy and use thereof, other than in accordance with the Applicable Public Housing Requirements and RAD Requirements (if and as applicable) and this Lease (including, but not limited to (i) any sale at foreclosure or by the execution of any judgment of any or all of Tenant's rights hereunder, or (ii) any transfer by operation of law), without first obtaining Landlord's express written consent thereto, which shall not be unreasonably withheld, conditioned or delayed. (b) Tenant shall have the right to sublease any part of the Premises or to partially assign this Lease with respect to any part of the Premises (in either case, referred to herein as a Sublease) to an entity that is a Qualified Assignee, subject to the approval and consent of Landlord, which will not be unreasonably withheld, conditioned or delayed. The sublease agreement shall be in the form attached hereto and made part hereof as Exhibit D to this Lease. No Sublease shall relieve Tenant of any obligations under the terms of this Lease unless a release is granted by Landlord with respect to the portion of the Premises so subleased or assigned. Additionally, each Sublease must be for a use compatible with the Permitted Use. Tenant must give written notice to Landlord specifying the name and address of any Sublessee to which all notices required by this Lease shall be sent, and a copy of the Sublease. Tenant shall provide Landlord with copies of all Subleases entered into by Tenant. Landlord agrees to grant non - disturbance agreements for any Sublessee which will provide that in the event of a termination of this Lease due to an Event of Default committed by the Tenant, such Sublessee will not be disturbed and will be allowed to continue peacefully in possession directly under this Lease as the successor tenant, provided that the Sublessee shall be in compliance with the terms and conditions of its Sublease; and the Sublessee shall agree to attorn to Landlord. Landlord further agrees that it will grant such assurances to such Sublessee so long as it remains in compliance with the terms of its Sublease, and provided further that any such Sublease does not extend beyond the expiration of the Term of this Lease. This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the city of Miami Cede. The applicade decision -making body NOR review the information at the public hearing to render a recommendation or a final decal on. PZ-20-7953 01/15/21 (c) Upon the request of Tenant, Landlord and Tenant agree to modify this Lease so as to create a direct lease between Landlord and the Sublessee, for the subleased or assigned portion of the Premises. Upon such request, Landlord and Tenant will enter into (i) a bifurcation agreement to be negotiated between Tenant and Landlord at a later date pursuant to which this Lease shall be (x) bifurcated into two (2) leases, (y) terminated with respect to the bifurcated portion of the Premises, and (z) amended to equitable and proportionately adjust Rent and the other economic terms of this Lease to reflect the termination of this Lease with respect to such bifurcated portion of the Premises, and (ii) a new lease in the same form as this Lease with respect to the bifurcated portion of the Premises (with Rent and the other economic terms of this Lease equitably adjusted to reflect the lease of such bifurcated portion of the Premises only). In the event of a bifurcation of this Lease hereunder, this Lease and the bifurcated lease shall be separate and independent leases that are not cross -defaulted, and Tenant shall have no further obligations with respect to the bifurcated portion of the Premises, anything herein to the contrary notwithstanding. Project No. RFP-01296 ACTIVE 48486805v4 16 30 5.8. Creatinq Sustainable Buildings. (a) Tenant shall design the Development to be consistent wit certification rating from the U.S. Green Building Council's Leadership in Ene Environmental Design (LEED) or National Green Building Standards (NGBS), but shall no required to obtain a Silver certification rating from LEED or NGBS relative to the Development. Alternatively, standards equivalent to the LEED or NGBS, as adopted by the City of Miami, may apply in satisfaction of the foregoing, including but not limited to those administered by the Florida Housing Finance Corporation. Though Tenants goal is to obtain a certification rating in accordance with this provision, if Tenant does not obtain such certification rating, provided it has used its commercially reasonable efforts to do so, Tenant shall not be in default under this Lease and Landlord shall have no right to enforce the terms of this Section 5.8 or exercise any remedies relative to such absence of a certification rating. This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the city of Miami Cede. The applicade decision -making body NOR reWew the information at the public hearing to render a recommendation or a final decal on. PZ-20-7953 01/15/21 (b) The LEED Silver certification or designation relative to the Development is outlined by the U.S. Green Building Council. Tenant agrees to regularly provide Landlord with copies of any and all records and/or reports (including but not limited to any approvals, rejections and/or comments) from the neutral and independent third -party reviewing the Development relative to the LEED Silver designation from the U.S. Green Building Council or certification from the NGBS or, alternatively, with respect to the standards equivalent to the LEED or NGBS adopted by the City of Miami (if applicable). As noted earlier in this Section 5.8, the Development may not necessarily be constructed in a manner so as to achieve a Silver certification rating from LEED or certification from NGBS or meeting the alternative standards described above. (c) Further, the LEED Silver certification or designation or NGBS certification or alternative standards adopted by the City of Miami is a description or label designed to establish the level of energy efficiency and sustainability for the Improvements in the overall Development; and should substantially improve the "normal" or "regular" energy efficiency and indoor air quality for the overall Development. Beyond these environmentally responsible steps, Tenant specifically agrees to consider additional steps or means to improve and/or protect the environment with regard to the Development, and to inform Landlord of any and all such additional methods or ways that Tenant will utilize "green building standards" in the design and construction of the overall Development in an effort to achieve the important goals of creating a healthy place to work as well as an environmentally responsible development in the community. Tenant's decision whether to incorporate or adopt any such additional steps or means shall be made in Tenant's sole and absolute discretion. ARTICLE VI CASUALTY AND TAKING 6.1. Casualty. In the event the Premises should be destroyed or damaged by fire, windstorm, or other casualty to the extent that the Premises is rendered unfit for the intended purpose of Tenant, Tenant may cancel this Lease after thirty (30) days' notice to Landlord, but only after removing any trash and/or debris therefrom, subject to the terms and provisions of any Permitted Leasehold Mortgage. If the Premises is partially damaged due to any other reason than the causes described immediately above, but the Premises is not rendered unusable for Tenant's purposes, subject to the terms and provisions of any Permitted Leasehold Mortgage, the same shall be repaired by Tenant to the extent Tenant receives sufficient proceeds to complete such Project No. RFP-01296 ACTIVE 48486805v4 17 31 repairs from its insurance carrier under its insurance policy. Any such repairs will within a reasonable time after receipt of such proceeds. If the damage to the Prem so extensive as to render it unusable for Tenant's purposes but shall nonetheless be being repaired within One Hundred Twenty (120) days, subject to the terms and provisio Permitted Leasehold Mortgagee, the damage shall be repaired with due diligence by Tenan the extent Tenant receives sufficient proceeds under its insurance policy to complete such repairs. In the event that a nearby structure(s) or improvement(s) is damaged or destroyed due to Tenant's negligence, Tenant shall be solely liable and responsible to repair and/or compensate the owner for such damage or loss. This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the city of Miami Code. The appucade decision -making body NOR renew the information at the public hearing to render a recommendation or a final decal on. PZ-20-7953 01/15/21 Notwithstanding anything contained in this Section 6.1, or otherwise in this Lease to the contrary, as long as the Tenant's leasehold interest is encumbered by any Permitted Leasehold Mortgage, this Lease shall not be terminated by Landlord or Tenant without the prior written consent of the Permitted Leasehold Mortgagee in the event that the Premises is partially or totally destroyed, and, in the event of such partial or total destruction, all insurance proceeds from casualty insurance as provided herein shall be paid to and held by the Permitted Leasehold Mortgagee, or an insurance trustee selected by the Permitted Leasehold Mortgagee, to be used for the purpose of restoration or repair of the Premises, subject to the terms of the Permitted Leasehold Mortgage or other loan documents between Tenant and the Permitted Leasehold Mortgagee. Permitted Leasehold Mortgagee shall have the right to participate in adjustment of losses as to casualty insurance proceeds and any settlement discussion relating to casualty or condemnation. 6.2. Takinq. (a) Notice of Takinq. Upon receipt by either Landlord or Tenant of any notice of Taking, or the institution of any proceedings for Taking the Premises, or any portion thereof, the party receiving such notice shall promptly give notice thereof to the other, and such other party may also appear in such proceeding and may be represented by an attorney. (b) Award. Subject to the rights of the Permitted Leasehold Mortgagees, the Landlord and the Tenant agree that, in the event of a Taking that does not result in the termination of this Lease pursuant to Section 6.2(c) or 6.2(d), this Lease shall continue in effect as to the remainder of the Premises, and the net amounts owed or paid to the Landlord or pursuant to any agreement with any condemning authority which has been made in settlement of any proceeding relating to a Taking, less any costs and expenses incurred by the Landlord in collecting such award or payment (the Award) will be disbursed in accordance with Section 6.2(c) or 6.2(d) (as the case may be) to the Landlord and/or Tenant. The Tenant and, to the extent permitted by law, any Permitted Leasehold Mortgagee, shall have the right to participate in negotiations of and to approve any such settlement with a condemning authority (which approval shall not be unreasonably withheld). (c) Total Takinq. In the event of a permanent Taking of the fee simple interest or title of the Premises, or control of the entire leasehold estate hereunder (a Total Taking), this Lease shall thereupon terminate as of the effective date of such Total Taking, without liability or further recourse to the parties, provided that each party shall remain liable for any obligations required to be performed prior to the effective date of such termination and for any other obligations under this Lease which are expressly intended to survive termination. The Taking of any portion of the Improvements, fifteen percent (15%) or more of the then existing parking area, the Toss of the rights of ingress and egress as then established or the loss of rights to use the easements Project No. RFP-01296 ACTIVE 48486805v4 18 32 benefitting the Premises, shall be, at Tenant's election, but not exclusively consi substantial taking as would render the use of the Premises not suitable for T Notwithstanding any provision of the Lease or by operation of law that leasehold im may be or shall become the property of Landlord at the termination of the Lease, the to building and other improvements paid for by Tenant, the loss of Tenant's leasehold estate such additional relief as may be provided by law shall be the basis of Tenant's damages against the condemning authority if a separate claim therefore is allowable under applicable law, or the basis of Tenant's damages to a portion of the total award if only one award is made. This submittal needs to be scheduled fora pubic hearing In accordance whh tmellnes set forth in the City of Miami Code. The appdca de decision -making body NOR re,ew the Information at the pubic hearing to render a n:commendatl on or a final deeW on. PZ-20-7953 01/15/21 (d) Partial Taking. In the event of a permanent Taking of less than all of the Premises (a Partial Taking), if Tenant reasonably determines that the continued development, use or occupancy of the remainder of the Premises by Tenant cannot reasonably be made to be economically viable, and structurally sound, then Tenant may terminate this Lease, and the Tenant's portion of the Award shall be paid to Tenant, provided that any and all obligations of Tenant have been fully and completely complied with by Tenant as of the date of said Partial Taking. If Tenant shall not elect to terminate this Lease, Tenant shall be entitled to a reduction of Rent of such amount as shall be just and equitable. Subject to the rights of the Permitted Leasehold Mortgagees, if there is a Partial Taking and the Tenant does not terminate this Lease, the Tenant shall be entitled to receive and retain an equitable portion of the Award and shall apply such portion of the Award necessary to repair or restore the Premises or the Improvements as nearly as possible to the condition the Premises or the Improvements were in immediately prior to such Partial Taking. Subject to the rights of the Permitted Leasehold Mortgagees, if there is a Partial Taking which affects the use of the Premises after the Term hereof, the Award shall be apportioned between the Tenant and the Landlord based on the ratio of the remaining Term hereof and the remaining expected useful life of the Premises following the Term hereof. Subject to the rights of the Permitted Leasehold Mortgagees, notwithstanding any provision herein to the contrary, the Landlord shall be entitled to receive and retain any portion of the Award apportioned to the land upon which the Improvements are located. Should such award be insufficient to accomplish the restoration, such additional costs shall be paid by Tenant. Notwithstanding any provision of this Lease or by operation of law that leasehold improvements may be or shall become the property of Landlord at the termination of the Lease, the loss of any building and other Improvements paid for by Tenant and such additional relief as may be provided by law shall be the basis of Tenant's damages against the condemning authority if a separate claim therefore is allowable under applicable law, or the basis of Tenant's damages to a portion of the total award if only one award is made. (e) Resolution of Disagreements. Should Landlord and Tenant be unable to agree as to the division of any singular award or the amount of any reduction of Rent and other charges payable by Tenant under the Lease, such dispute shall be submitted for resolution to the court exercising jurisdiction of the condemnation proceedings, each party bearing its respective costs for such determination. Landlord shall not agree to any settlement in lieu of condemnation with the condemning authority without Tenant's consent. (f) No Existing Condemnation. Landlord represents and warrants that as of the Lease Date and Commencement Date it has no actual or constructive knowledge of any proposed condemnation of any part of the Premises. In the event that subsequent to the Lease Date, but prior to the Commencement Date, a total or partial condemnation either permanent or temporary, is proposed by any competent authority, Tenant shall be under no obligation to commence or continue construction of the Improvements and Rent and other charges, if any, payable by Tenant Project No. RFP-01296 ACTIVE 48486805v4 19 33 under the Lease shall abate until such time as it can be reasonably ascertained that shall not be so affected. In the event the Premises is so affected, Tenant shall be rights, damages and awards pursuant to the appropriate provisions of this Lease. This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the city of Miami Code. The applicade decision -making body NOR renew the information at the public hearing to render a recommendation or a final decal on. 6.3. Termination upon Non -Restoration. Following a Partial Taking, if a decision is m pursuant to this Article VI that the remaining portion of the Premises is not to be restored, and Tenant shall have determined that the continued development, use or occupancy of the remainder of the Premises by Tenant cannot be made economically viable or structurally sound, Tenant shall surrender the entire remaining portion of the Premises to Landlord and this Lease shall thereupon be terminated without liability or further recourse to the parties hereto, provided that any Rent, impositions and other amounts payable or obligations hereunder owed by Tenant to Landlord as of the date of the Partial Taking shall be paid in full. PZ-20-7953 01/15/21 ARTICLE VII CONDITION OF PREMISES 7.1. Condition; Title. The Premises are demised and let in an "as is" condition as of the Commencement Date. The Premises are demised and let to Tenant subject to: As -Is. Notwithstanding anything to the contrary contained herein, upon Tenant taking possession of the Premises, Tenant shall be deemed to have accepted the Premises in its "as -is" and "where -is" condition, with any and ail faults, and with the understanding that the Landlord has not offered any implied or expressed warranty as to the condition of the Premises and/or as to it being fit for any particular purpose; provided, however, that the foregoing shall not in any way limit, affect, modify or otherwise impact any of Landlord's representations, warranties and/or obligations contained in this Lease. Tenant shall, within thirty (30) days following the Lease Date, obtain a title commitment to insure Tenant's leasehold interest in the Premises. Tenant shall advise Landlord as to any title matters that Tenant deems objectionable and Landlord shall address same in accordance with Section 7.3, below. 7.2. No Encumbrances. Landlord covenants that Landlord has full right and lawful authority to enter into this Lease in accordance with the terms hereof and to grant the estate demised hereby. Landlord represents and warrants that there are no existing mortgages, deeds of trust, easements, liens, security interests, encumbrances and/or restrictions encumbering Landlord's fee interest in the Land other than the Permitted Encumbrances. Landlord's fee interest shall not hereafter be subordinated to, or made subject to, any mortgage, deed of trust, easement, lien, security interest, encumbrance and/or restriction, except for an encumbrance that expressly provides that it is and shall remain subject and subordinate at all times in lien, operation and otherwise to this Lease and to all renewals, modifications, amendments, consolidations and replacements hereof (including new leases entered into pursuant to the terms hereof and extensions). Landlord covenants that it will not encumber or lien the title of the Premises or cause or permit said title to be encumbered or Iiened in any manner whatsoever, and Tenant may reduce or discharge any such encumbrance or lien by payment or otherwise at any time after giving thirty (30) days' written notice thereof to Landlord. Tenant may recover or recoup all costs and expenses thereof from Landlord if the Landlord fails to discharge any such encumbrance within the said thirty (30) day period. Such recovery or recoupment may, in addition to all other remedies, be made by setting off against the amount of Rent payable by Tenant hereunder. Landlord and Tenant agree to work cooperatively together to create such easements and rights Project No. RFP-01296 ACTIVE 48486805v4 20 34 of way as may be necessary or appropriate for the use of the Premises and the d the Project thereon. This submittal needs to be scheduled fora pubic hearing In accordance wAh tmellnes set forth in the City of Miami Code. The appdca de decision -making bedywlll resew the Information at the pubic hearing to render a recommendation or a final deeW on. 7.3. Landlord's Title and Quiet Eniovment. Landlord represents and warrants that La seized in fee simple title to the Premises, free and clear and unencumbered, other than as affe by the Permitted Encumbrances. Landlord covenants that, so long as Tenant pays rent and performs the covenants herein contained on its part to be paid and performed, Tenant will have lawful, quiet and peaceful possession and occupancy of the Premises and all other rights and benefits accruing to Tenant under the Lease throughout the Term, without hindrance or molestation by or on the part of Landlord or anyone claiming through Landlord. So long as Tenant is not in default hereunder beyond any notice and grace period applicable thereto, Tenant's possession of the Premises will not be disturbed by Landlord, its successors and assigns. Landlord further represents and warrants that it has good right, full power and lawful authority to enter into this Lease. Tenant shall have the right to order a title insurance commitment for the Premises. In the event the title insurance commitment shall reflect encumbrances or other conditions not acceptable to Tenant (Defects), then Landlord, upon notification of the Defects, shall immediately and diligently proceed to cure same and shall have a reasonable time within which to cure the Defects. If, after the exercise of all reasonable diligence, Landlord is unable to clear the Defects, then Tenant may accept the Defects or Tenant may terminate the Lease and the parties shall be released from further liability hereunder. PZ-20-7953 01/15/21 Notwithstanding Section 7.3 above, Landlord and its agents, upon reasonable prior notice to Tenant, shall have the right to enter the Premises for purposes of reasonable inspections performed during reasonable business hours in order to assure compliance by Tenant with its obligations under this Lease. ARTICLE VIII DEFAULTS AND TERMINATION 8.1. Default. The occurrence of any of the following events shall constitute an event of default (Event of Default) hereunder: (a) if Tenant fails to pay when due any Rent or other impositions due hereunder pursuant to Article III and any such default shall continue for thirty (30) days after the receipt of written notice thereof by Tenant from Landlord (except where such failure is addressed by another event described in this Section 8.1 as to which lesser notice and grace periods are provided); or (b) if Tenant fails in any material respect to observe or perform any covenant, condition, agreement or obligation hereunder not addressed by any other event described in this Section 8.1, and shall fail to cure, correct or remedy such failure within thirty (30) days after the receipt of written notice thereof, unless such failure cannot be cured by the payment of money and cannot with due diligence be cured within a period of thirty (30) days, in which case such failure shall not be deemed to continue if Tenant proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof within a reasonable period of time; provided, however, that for such time as Landlord or its affiliate is the management agent retained by Tenant, Tenant shall not be in default hereunder due to actions or inactions taken by Landlord or its affiliate in its capacity as the management agent, which impede Tenant's ability to cure such default; or Project No. RFP-01296 ACTIVE 48486805v4 21 35 (c) If any representation or warranty of Tenant set forth in this Lease, in delivered pursuant hereto, or in any notice, certificate, demand, submittal or reques Landlord by Tenant pursuant to this Lease shall prove to be incorrect in any material a respect as of the time when the same shall have been made and the same shall not ha remedied to the reasonable satisfaction of Landlord within thirty (30) days after notice Landlord; or This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the city of Miami Cede. The applicade decision -making body NOR ret,letv the information at the public hearing to render a recommendation or a final decal on. PZ-20-7953 01/15/21 (d) if Tenant shall be adjudicated bankrupt or be declared insolvent under the Federal Bankruptcy Code or any other federal or state law (as now or hereafter in effect) relating to bankruptcy, insolvency, reorganization, winding -up or adjustment of debts (collectively called Bankruptcy Laws), or if Tenant shall (a) apply for or consent to the appointment of, or the taking of possession by, any receiver, custodian, trustee, United States Trustee or Tenant or liquidator (or other similar official) of Tenant or of any substantial portion of Tenant's property; (b) admit in writing its inability to pay its debts generally as they become due; (c) make a general assignment for the benefit of its creditors; (d) file a petition commencing a voluntary case under or seeking to take advantage of a Bankruptcy Law; or (e) fail to controvert in a timely and appropriate manner, or in writing acquiesce to, any petition commencing an involuntary case against Tenant pursuant to any bankruptcy law; or (e) if an order for relief against Tenant shall be entered in any involuntary case under the Federal Bankruptcy Code or any similar order against Tenant shall be entered pursuant to any other Bankruptcy Law, or if a petition commencing an involuntary case against Tenant or proposing the reorganization of Tenant under the Federal Bankruptcy Code shall be filed in and approved by any court of competent jurisdiction and not be discharged or denied within ninety (90) days after such filing, or if a proceeding or case shall be commenced in any court of competent jurisdiction seeking (a) the liquidation, reorganization, dissolution, winding -up or adjustment of debts of Tenant, (b) the appointment of a receiver, custodian, trustee, United States Trustee or liquidator (or other similar official of Tenant) of any substantial portion of Tenant's property, or (c) any similar relief as to Tenant pursuant to Bankruptcy Law, and any such proceeding or case shall continue undismissed, or any order, judgment or decree approving or ordering any of the foregoing shall be entered and continued unstayed and in effect for ninety (90) days; or (f) Following the Commencement Date, Tenant vacates or abandons the Premises or any substantial part thereof for a period of more than thirty (30) consecutive days (or, if applicable, such longer period as may be permitted in accordance with Section 6.1 or 6.2); or (g) This Lease, the Premises or any part thereof are taken upon execution or by other process of law directed against Tenant, or are taken upon or subjected to any attachment by any creditor of Tenant or claimant against Tenant, and such attachment is not stayed or discharged within ninety (90) days after its levy; or (h) Tenant makes any sale, conveyance, assignment or transfer in violation of this Lease. Notwithstanding anything to the contrary in this Lease, an Event of Default shall not be deemed to have occurred and Tenant shall not be deemed in default under this Lease if HUD fails to pay to Landlord the subsidies contemplated herein or if Landlord fails to pay the subsidies to Tenant pursuant to the RAD HAP Contract, or to meet Landlord's other obligations under this Lease. In the event HUD fails to pay to Landlord the subsidies contemplated herein, then Landlord at its Project No. RFP-01296 ACTIVE 48486805v4 22 36 sole discretion will (i) re -negotiate the terms of this Lease with the Tenant or (ii) use for redevelopment of the Premises, subject to the approval of the Board.. This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the city of Miami Code. The applicade decision -making body NOR renew the information at the public hearing to render a recommendation or a final decal on. 8.2. Remedies for Tenant's Default. Upon or after the occurrence of any Event of Defa is not cured within any applicable cure period, and so long as same remains uncured, Lan may terminate this Lease by providing not less than thirty (30) days' written notice (which notice may be contemporaneous with any notice provided under Section 8.1) to Tenant, setting forth Tenant's uncured, continuing default and Landlord's intent to exercise its rights to terminate, whereupon this Lease shall terminate on the termination date therein set forth unless Tenant's default has been cured before such termination date. Upon such termination, Tenant's interest in the Premises shall automatically revert to Landlord, Tenant shall promptly quit and surrender the Premises to Landlord, without cost to Landlord, and Landlord may, without demand and further notice, reenter and take possession of the Premises, or any part thereof, and repossess the same as Landlord's former estate by summary proceedings, ejectment or otherwise without being deemed guilty of any manner of trespass and without prejudice to any remedies which Landlord might otherwise have for arrearages of Rent or other impositions hereunder or for a prior breach of the provisions of this Lease. The obligations of Tenant under this Lease which arose prior to termination shall survive such termination. In lieu of termination of the Lease, Landlord may at its sole option and in its sole discretion choose to petition a court of competent jurisdiction for the appointment of a receiver for the purpose of (1) taking any and all remedial measures needed to remediate any conditions that are directly related to Tenant's default and (2) to take other measures to assure any project component or the overall project(s) are operating in a sound management and financial condition meeting the needs and requirements of the households being assisted directly or under the auspices of Landlord. Tenant shall have no responsibility or liability for any remedial measures taken pursuant to this provision by Landlord or any other third party not affiliated with Tenant. PZ-20-7953 01/15/21 8.3. Termination by Landlord. In addition to the Events of Default described in Section 8.1 above, the occurrence of any of the following shall also give Landlord the right to terminate this Lease by providing not less than thirty (30) days' written notice to Tenant setting forth Landlord's intent to exercise its right to terminate this Lease: (a) Tenant fails to cause the Commencement Date to occur, within eleven (11) months following the Lease Date. (b) Tenant and Landlord fail to obtain final approval by the Board of any amendments to this Lease necessary to achieve the Commencement Date within eleven (11) months following the Lease Date (or such later date as may be mutually agreed to by the parties), which shall be within the Board's sole discretion, except as otherwise provided herein. (c) Institution of proceedings in voluntary bankruptcy by the Tenant. (d) Institution of proceedings in involuntary bankruptcy against the Tenant if such proceedings continue for a period of ninety (90) days or more. (e) Assignment of this Lease by Tenant for the benefit of creditors. (f) A final determination of termination of this Lease in a court of law in favor of the Landlord in litigation instituted by the Tenant against the Landlord, or brought by the Landlord against Tenant. Project No. RFP-01296 ACTIVE 48486805v4 23 37 (g) Tenant's failure to cure, within thirty (30) days following Tenant's rec notice from Landlord, a condition posing a threat to health or safety of the public o such longer period if the default is not capable of being cured in such 30 day period). This submittal needs to be scheduled fora pubic hearing In accordance whh tmellnes set forth in the City of Miami Code. The appdca de decision -making bodywlll resew the Information at the pubic hearing to render a recommendation or a final deeW on. 8.4. Remedies Following Termination. Upon termination of this Lease, Landlord may: PZ-20-7953 01/15/21 (a) retain, at the time of such termination, any Rent or other impositions paid hereunder, without any deduction, offset or recoupment whatsoever; and (b) enforce its rights under any bond outstanding at the time of such termination; and (c) require Tenant to deliver to Landlord, or otherwise effectively transfer to Landlord any and all governmental approvals and permits, and any and all rights of possession, ownership or control Tenant may have in and to, any and all financing arrangements, plans, specifications, and other technical documents or materials related to the Premises. 8.5. Regulatory Default. Notwithstanding anything herein to the contrary, the terms of this Section shall apply to any default declared as a result of any failure by Tenant to comply with the provisions of Section 5.1. Upon a determination by Landlord that Tenant has materially breached or defaulted on any of the obligations under Section 5.1 (a Regulatory Default), Landlord shall notify Tenant of (i) the nature of the Regulatory Default, (ii) the actions required to be taken by Tenant in order to cure the Regulatory Default, and (iii) the time, (a minimum of sixty (60) days or such additional time period as may be reasonable under the circumstances), within which Tenant shall respond with reasonable evidence to Landlord that all such required actions have been taken. (a) If Tenant shall have failed to respond or take the appropriate corrective action with respect to a Regulatory Default to the reasonable satisfaction of Landlord within the applicable time period, then Landlord shall have the right to terminate the Lease or seek other legal or equitable remedies as Landlord determines in its sole discretion; provided, however, that if prior to the end of the applicable time period, Tenant seeks a declaratory judgment or other order from a court having jurisdiction that Tenant shall not have incurred a Regulatory Default, Landlord shall not terminate this Lease during the pendency of such action. (b) In addition to and not in limitation of the foregoing, if Landlord shall determine that a Regulatory Default shall have occurred by reason of a default by Tenant's management agent, and that Tenant shall have failed to respond or take corrective action to the reasonable satisfaction of Landlord within the applicable cure period, then Landlord may require Tenant to take such actions as are necessary in order to terminate the appointment of the management agent pursuant to the terms of its management agreement and to appoint a successor management agent of the Premises. In the event that Tenant fails to timely take such action to terminate the management agent and appoint a successor management agent, then Tenant's failure to act shall constitute a default under this Agreement. 8.6. Performance by Landlord. Except as otherwise expressly set forth herein, if Tenant shall fail to make any payment or perform any act required under this Lease, Landlord may (but need not) after giving not less than thirty (30) days' notice (except in case of emergencies and except where a shorter time period is specified elsewhere in this Lease) to Tenant and without waiving any default or releasing Tenant from any obligations, cure such default for the account of Tenant. Project No. RFP-01296 ACTIVE 48486805v4 24 38 Tenant shall promptly pay Landlord the amount of such charges, costs and expense shall have incurred in curing such default. This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the city of Miami Cede. The applicade decision -making body NOR reWew the information at the pubic hearing to render a recommendation or a final decal on. 8.7. Costs and Damages. Tenant shall be liable to, and shall reimburse, Landlord for all actual reasonable expenditures incurred and for any and all actual damages suffere Landlord in connection with any Event of Default, collection of Rent or other impositions owed under this Lease, the remedying of any default under this Lease or any termination of this Lease, unless such termination is caused by the default of Landlord, including all costs, claims, losses, liabilities, damages and expenses (including without limitation, reasonable attorneys' fees and costs) incurred by Landlord as a result thereof. PZ-20-7953 01/15/21 8.8. Remedies Cumulative. The absence in this Lease of any enumeration of events of default by Landlord or remedies of either party with respect to money damages or specific performance shall not constitute a waiver by either party of its right to assert any claim or remedy available to it under law or in equity. 8.9. Permitted Leasehold Mortgages. Neither the Tenant nor any permitted successor in interest to the Premises or any part thereof shall, without the prior written consent of the Landlord in each instance, engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Premises, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Premises, except for the Permitted Encumbrances and the leasehold mortgages securing the loans which will be obtained by Tenant for renovation, redevelopment and/or construction of the Improvements and closed on or about the Commencement Date (the Permitted Leasehold Mortgages). With respect to the Permitted Leasehold Mortgages, the following provisions shall apply: (a) When giving notice to the Tenant with respect to any default under the provisions of this Lease, the Landlord will also send a copy of such notice to the holder of each Permitted Leasehold Mortgage (each a Permitted Leasehold Mortgagee), provided that each such Permitted Leasehold Mortgagee shall have delivered to the Landlord in writing a notice naming itself as the holder of a Permitted Leasehold Mortgage and registering the name and post office address to which all notices and other communications to it may be addressed. (b) Each Permitted Leasehold Mortgagee shall be permitted, but not obligated, to cure any default by the Tenant under this Lease within the same period of time specified for the Tenant to cure such default. The Tenant authorizes each Permitted Leasehold Mortgagee to take any such action at such Permitted Leasehold Mortgagee's option and does hereby authorize entry upon the Premises for such purpose. (c) The Landlord agrees to accept payment or performance by any Permitted Leasehold Mortgagee as though the same had been done by the Tenant. (d) In the case of a default by the Tenant other than in the payment of money, and provided that a Permitted Leasehold Mortgagee has commenced to cure the default and is proceeding with due diligence to cure the default, the Landlord will refrain from terminating this Lease for a reasonable period of time (not to exceed 120 days from the date of the notice of default, unless (i) such cure cannot reasonably be completed within 120 days from the date of the notice of default, and (ii) if the default is curable without possession of the Premises, a Permitted Leasehold Mortgagee continues to diligently pursue such cure to the reasonable satisfaction of the Landlord) within which time the Permitted Leasehold Mortgagee may either (x) obtain Project No. RFP-01296 ACTIVE 48486805v4 25 39 possession of the Premises (including possession by receiver); (y) institut proceedings and complete such foreclosure; or (z) otherwise acquire the Tenant's i this Lease. The Permitted Leasehold Mortgagee shall not be required to con possession or continue such foreclosure proceedings if the default which was the subj notice shall have been cured. Notwithstanding the foregoing, the Landlord will refrain terminating this Lease in the event such Permitted Leasehold Mortgagee is enjoined or stayed in such possession or such foreclosure proceedings, and provided that the Permitted Leasehold Mortgagee has delivered to Landlord copies of any and all orders enjoining or staying such action, Landlord will grant such Permitted Leasehold Mortgagee such additional time as is required for such Permitted Leasehold Mortgagee to complete steps to acquire or sell Tenant's leasehold estate and interest in this Lease by foreclosure of its Permitted Leasehold Mortgage or by other appropriate means with due diligence; however, nothing in this Section shall be construed to extend this Lease beyond the Term. This submittal needs to be scheduled fora pubic hearing In accordance wAh tmellnes set forth in the City of Miami Code. The appdca de decision -making bedywlll resew the Information at the pubic hearing to render a recommendation or a final deeW on. PZ-20-7953 01/15/21 (e) Any Permitted Leasehold Mortgagee or other acquirer of Tenant's leasehold estate and interest in this Lease pursuant to foreclosure, an assignment in lieu of foreclosure or other proceedings, any of which are permitted without the Landlord's consent, may, upon acquiring the Tenant's leasehold estate and interest in this Lease, without further consent of the Landlord and without HUD's consent, unless otherwise required by Applicable Public Housing Requirements or RAD Requirements (if and as applicable), sell and assign the leasehold estate and interest in this Lease on such terms and to such persons and organizations as are acceptable to such Permitted Leasehold Mortgagee or acquirer and thereafter be relieved of all obligations under this Lease, provided such assignee has delivered to the Landlord its written agreement to be bound by all of the provisions of this Lease. Permitted Leasehold Mortgagee, or its nominee or designee, shall also have the right to further assign, sublease or sublet all or any part of the leasehold interest hereunder to a third party without the consent or approval of Landlord. (f) In the event of a termination of this Lease prior to its stated expiration date, the Landlord will enter into a new lease for the Premises with the Permitted Leasehold Mortgagee (or its nominee), for the remainder of the Term, effective as of the date of such termination, at the same Rent payment and subject to the same covenants and agreements, terms, provisions, and limitations herein contained, provided that: (i) The Landlord receives the Permitted Leasehold Mortgagee's written request for such new lease within 30 days from the date of such termination and notice thereof by the Landlord to the Permitted Leasehold Mortgagee (including an itemization of amounts then due and owing to the Landlord under this Lease), and such written request from the Permitted Leasehold Mortgagee to Landlord is accompanied by payment to the Landlord of all amounts then due and owing to Landlord under this Lease, less the net income collected by the Landlord from the Premises subsequent to the date of termination of this Lease and prior to the execution and delivery of the new lease, any excess of such net income over the aforesaid sums and expenses to be applied in payment of the Rent payment thereafter becoming due under the new lease; provided, however, that the Permitted Leasehold Mortgagee shall receive full credit for all capitalized lease and Rent payments previously delivered by the Tenant to the Landlord; (ii) Within t 0 days after the delivery of an accounting therefor by the Landlord, Permitted Leasehold Mortgagee pays any and ail costs and expenses incurred by the Landlord in connection with the execution and delivery of the new lease; Project No. RFP-01296 ACTIVE 48486805v4 26 40 (iii) Upon the execution and delivery of the new lease at the made in (1) and (2) above, all subleases which thereafter may have been a transferred to the Landlord shall thereupon be assigned and transferred witho by the Landlord to the Permitted Leasehold Mortgagee (or its nominee), as "Tenant"; and This submittal needs to be scheduled fora public hearing In accordance wAh tmellnes set forth in the City of Miami Code. The applicable decision -making body will ret,lew the Information at the public hearing to render a recommendation or a final decitl on. PZ-20-7953 01/15/21 (iv) If a Permitted Leasehold Mortgagee acquires the leasehold estate created hereunder or otherwise acquires possession of the Premises pursuant to available legal remedies, Landlord will look to such holder to perform the obligations of Tenant hereunder only from and after the date of foreclosure or possession and will not hold such holder responsible for the past actions or inactions of the prior Tenant. Permitted Leasehold Mortgagee's liability shall be limited to the value of such Permitted Leasehold Mortgagee's interest in this Lease and in the leasehold estate created thereby. Notwithstanding the foregoing and to the extent permitted by Section 42 of the Internal Revenue Tax Code, any deadline to complete construction of the Improvements set forth in this Lease shall be extended for such period of time as may be reasonably required by the Permitted Leasehold Mortgagee or its nominee to complete construction. ARTICLE IX SOVEREIGNTY AND POLICE POWERS 9.1. County as Sovereign. It is expressly understood that notwithstanding any provision of this Lease and the Landlord's status thereunder: (a) The Landlord retains all of its sovereign prerogatives and rights as a county under Florida laws and shall in no way be estopped from withholding or refusing to issue any approvals of applications for tax exemption, building, zoning, planning or development under present or future laws and regulations of whatever nature applicable to the planning, design, construction and development of the Premises or the operation thereof, or be liable for the same; and (b) The Landlord shall not by virtue of this Lease be obligated to grant the Tenant any approvals of applications for tax emption, building, zoning, planning or development under present or future laws and ordinances of whatever nature applicable to the planning, design, construction, development and/or operation of the Premises. 9.2. No Liability for Exercise of Police Power. Notwithstanding and prevailing over any contrary provision in this Lease, or any Landlord covenant or obligation that may be contained in this Lease, or any implied or perceived duty or obligation including but not limited to the following: (a) To cooperate with, or provide good faith, diligent, reasonable or other similar efforts to assist the Tenant, regardless of the purpose required for such cooperation; (b) To execute documents or give approvals, regardless of the purpose required for such execution or approvals; (c) To apply for or assist the Tenant in applying for any county, city or third party permit or needed approval; or Project No. RFP-01296 ACTIVE 48486805v4 27 41 (d) To contest, defend against, or assist the Tenant in contesting or def any challenge of any nature; shall not bind the Board of County Commissioners, the Planning and Zoning Departmen the Property Appraiser or any other county, city, federal or state department or autho committee or agency to grant or leave in effect any tax exemptions, zoning changes, variances, permits, waivers, contract amendments, or any other approvals that may be granted, withheld or revoked in the discretion of the Landlord or any other applicable governmental agencies in the exercise of its police power; and the Landlord shall be released and held harmless, by the Tenant from and against any liability, responsibility, claims, consequential or other damages, or losses to the Tenant or to any third parties resulting from denial, withholding or revocation (in whole or in part) of any zoning or other changes, variances, permits, waivers, amendments, or approvals of any kind or nature whatsoever. Without limiting the foregoing, the parties recognize that the approval of any building permit and/or certificate of occupancy or tax exemption by Landlord in its capacity as a governmental authority will require the Landlord to exercise its quasi-judicial or police powers. Notwithstanding any other provision of this Lease, the Landlord, in its capacity as a governmental authority exercising police powers, shall have no obligation to approve, in whole or in part, any application for any type of tax exemption, permit, license, zoning or any other type of matter requiring government approval or waiver. The Landlord's obligation to use reasonable good faith efforts in the permitting of the use of County -owned property shall not extend to any exercise of quasi-judicial or police powers, and shall be limited solely to the contractual obligations of Landlord in its capacity as the fee owner of the Land and contract party to this Lease or ministerial actions, including the timely acceptance and processing of any requests or inquiries by Tenant as authorized by this Lease. Moreover, in no event shall a failure of the Landlord to adopt any of the Tenant's request or application for any type of permit, license, zoning or any other type of matter requiring government approval or waiver in the exercise of police powers be construed a breach or default of this Lease. This submittal needs to be scheduled for a public hearing In accordance wAh tmellnes set forth in the City of Miami Code. The appllca ble decision -making body NOR resew the Information at the public hearing to render a n:commendatl on or a final deeW on. PZ-20-7953 01/15/21 9.3. Support For Entitlements. Notwithstanding anything contained in this Article IX to the contrary, recognizing the public and private benefits afforded by the Project, Landlord agrees, as the fee simple owner of the Land, to cooperate with Tenant in obtaining the Entitlements, provided that Tenant shall be solely responsible for all costs incurred in connection with the Entitlements. Provided that the Entitlements and Project are consistent with Tenant's response to the RFP, Landlord's cooperation shall include, without limitation, (i) joining in and submitting applications and other required documentation for the Entitlements to the applicable governmental authority with jurisdiction over the Premises, (ii) granting and/or joining in any plat, covenants in lieu of unity of title, permit, authorization, approval, temporary or permanent easements, restrictive covenants, easement vacations or modifications, and such other applications or documents, as may be necessary or desirable for Tenant to develop the Premises with the Project and use the Premises for the Permitted Use, (iii) supporting the Entitlements, redevelopment of the Land and development of the Project through periodic written and in person appearances public meetings and hearings, including periodically speaking in support of same, and (iv) obtaining any required approvals from the Board. Project No. RFP-01296 ACTIVE 4848$805v4 28 42 ARTICLE X PUBLIC RECORDS ACT This submittal needs to be scheduled fora pubic hearing In accordance wAh tmellnes set forth in the City of Miami Code. The applica de decision -making body NOR resew the Information at the pubic hearing to render a recommendation or a final deeW on. PZ-20-7953 01/15/21 10.1 As it relates to this Lease and any subsequent agreements and other documents related to the Development, Tenant and any of its subsidiaries, pursuant to Section 119.0701, Florida Statutes, shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by Landlord in order to perform the service; (b) Upon request of from Landlord's custodian of public records identified herein, provide the public with access to public records on the same terms and conditions that Landlord would provide the records and at a cost that does not exceed the cost provided in the Florida Public Records Act, Miami -Dade County Administrative Order No. 4-48, or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Lease's term and following completion of the work under this Lease if Tenant does not transfer the records to Landlord; and (d) Meet all requirements for retaining public records and transfer to Landlord, at no cost to Landlord, all public records created, received, maintained and/or directly related to the performance of this Lease that are in possession of Tenant upon termination of this Lease. Upon termination of this Lease, Tenant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Landlord in a format that is compatible with the information technology systems of Landlord. For purposes of this Article X, the term "public records"' shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of Landlord. in the event Tenant does not comply with the public records disclosure requirements set forth in Section 119.0701, Florida Statutes, and this Article X, Landlord shall avail itself of the remedies set forth in Section 8.2 of this Lease. Project No. RFP-01296 ACTIVE 48486805v4 29 43 IF TENANT HAS QUESTIONS REGARDING THE APPLICATION OF C FLORIDA STATUTES, TO TENANT'S DUTY TO PROVIDE PUBLIC RECORDS TO THIS LEASE, PLEASE CONTACT LANDLORD'S CUSTODIAN OF PUBLIC AT: Miami -Dade County Miami -Dade Public Housing and Community Development 701 N.W. 1st Court, 16th Floor Miami, Florida 33136 Attention: Lizette Capote Email: LCAPOTE(miamidade.gov This submittal needs to be scheduled fora pubic hearing In accordance wAh tmellnes set forth in the City of Miami Code. The appdca de decision -making bedywlll resew the Information at the pubic hearing to render a recommendation or a final deeW on. PZ-20-7953 01/15/21 ARTICLE XI RIGHT OF FIRST OFFER; RIGHT OF FIRST REFUSAL 11.1. Landlord's Intent to Market Premises. The "Right of First Refusal' and "Right of First Offer" shall be negotiated and made part of the Master Development Agreement. 11.2. Right of First Refusal. The "Right of First Refusal' and ''Right of First Offer" shall be negotiated and made part of the Master Development Agreement. 11.3 Mortgagee Notice. Tenant shall provide notice to every applicable Permitted Leasehold Mortgagee as to its election to acquire the Premises pursuant to Sections 11.1 or 11.2, above. Such notice shall be delivered within five (5) days following Tenant's notice to Landlord evidencing its intent to purchase the Premises. 11.4 Mortgagee Rights. Tenant's rights with respect to any option to purchase the Premises as set forth in this Section 11 shall be assignable to and may be exercised by any Permitted Leasehold Mortgagee which succeeds in interest to the Tenant, without requiring any consent or approval by Landlord. ARTICLE XII INDEPENDENT PRIVATE INSPECTOR GENERAL AND MIAMI-DADE COUNTY INSPECTOR GENERAL REVIEWS 12.1. Inspector General. (a) Independent Private Inspector General Reviews: Pursuant to Miami -Dade County Administrative Order 3-20, the Landlord has the right to retain the services of an Independent Private Sector Inspector General (hereinafter IPSIG), whenever the Landlord deems it appropriate to do so. Upon written notice from the Landlord, the Tenant shall make available to the IPSIG retained by the Landlord, all requested records and documentation pertaining to this Lease for inspection and reproduction. The Landlord shall be responsible for the payment of these IPSIG services, and under no circumstance shall the Tenant incur any charges relating to these IPSIG services. The terms of this provision herein, apply to the Tenant, its officers, agents, employees, subcontractors and assignees. Nothing contained in this provision shall impair any independent right of the Landlord to conduct an audit or investigate the operations, activities and performance Project No. RFP-01296 ACTIVE 48486805v4 30 44 of the Tenant in connection with this Lease. The terms of this Section shall not impo on the Landlord by the Tenant or any third party. (b) Miami -Dade County Inspector General Review: According to Section 2-10 Code of Miami -Dade County, as amended by Ordinance No. 99-63, Miami -Dade County established the Office of the Inspector General (Inspector General), which may, on a random basis, perform audits on all Miami -Dade County agreements, throughout the duration of said agreements, except as otherwise provided below. This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the city of Miami Code. The applicade decision -making body NOR renew the information at the public hearing to render a recommendation or a final decal on. PZ-20-7953 01/15/21 Nothing contained above shall in any way limit the powers of the Inspector General to perform audits on all Miami -Dade County agreements including, but not limited to, those agreements specifically exempted above. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed Landlord and Tenant contracts, transactions, accounts, records, agreements and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in conformance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to a contract. The Inspector General is empowered to retain the services of an IPSIG to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process, including but not limited to project design, specifications, proposal submittals, activities of the Tenant, its officers, agents and employees, lobbyists, Landlord staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption. Upon written notice to the Tenant from the Inspector General or IPSIG retained by the Inspector General, the Tenant shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Tenant's possession, custody or control which, in the Inspector General's or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements form and which successful and unsuccessful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back -charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. ARTICLE XIII ADDITIONAL PROVISIONS PERTAINING TO REMEDIES 13.1 Reinstatement. Notwithstanding anything to the contrary contained in the Lease, in the event Landlord exercises its remedies pursuant to Article VII I and terminates this Lease following an Event of Default, Tenant may, within 90 days following such termination reinstate this Lease for the balance of the Term by paying to Landlord an amount equal to the actual damages incurred by Landlord as a result of the breach that resulted in such termination and any actual costs or Project No. RFP-01296 ACTIVE 48486805v4 31 45 expenses incurred by Landlord as a result of such reinstatement of this Lease, if sole and absolute discretion of the Landlord. 13.2 Notice. Notwithstanding anything to the contrary contained in the Lease, Land not exercise any of its remedies hereunder without having given notice of the Event of Defau other breach or default to the Investor (following the admission of the Investor) simultaneously with the giving of notice to Tenant as required under the provisions of Article VIII of the Lease. The Investor shall be given all of the same cure rights as a Permitted Leasehold Mortgagee under this Lease. If the Investor elects to cure the Event of Default or other breach or default, Landlord agrees to accept such performance as though the same had been done or performed by Tenant, in Landlord's reasonable discretion. This submittal needs to be scheduled fora public hearing In accordance wtl timelines set forth in the city of Miami Cede. The applicable decision -making bodywlll reWew the Intonation at the public hearing to render a recommendation or a final decision. PZ-20-7953 01/15/21 13.3 Investor. Notwithstanding anything to the contrary contained in the Lease, following the admission of the Investor, the Investor shall be deemed a third -party beneficiary of the provisions of this Section for the sole and exclusive purpose of entitling the Investor to exercise its rights to notice and cure, as expressly stated herein. The foregoing right of the Investor to be a third -party beneficiary under the Lease shall be the only right of Investor (express or implied) to be a third - party beneficiary hereunder. Such third party beneficiary status shall terminate in the entirety upon the exit of such investor including the acquisition of the building improvements by Landlord or Landlord's designee under a Purchase Option Agreement or Right of First Refusal Agreement to be negotiated at a later date as set forth in Article XI of this Lease. 13.4 New Manager. Notwithstanding anything to the contrary contained in the Lease, Landlord agrees that it will take no action to effect a termination of the Lease by reason of any Event of Default or any other breach or default without first giving to the Investor reasonable time, not to exceed 120 days, to replace Tenant's manager and/or admit an additional manager and cause the new manager to cure the Event of Default or other breach or default; provided, however, that as a condition of such forbearance, Landlord must receive notice from the Investor of the substitution or admission of a new manager of Tenant reasonably acceptable to Landlord within 30 days following Landlord's notice to Tenant and the Investor of the Event of Default or other breach or default, and Tenant, following such substitution or admission of the manager, shall thereupon proceed with due diligence to cure such Event of Default or other breach or default. In no event, however, shall Landlord be required to engage in the forbearance described in this section for a period longer than six (6) months, regardless of the due diligence of the Investor or the new manager. ARTICLE XIV LANDLORD'S AUTHORITY 14.1. Designation of Landlord's Representatives. The Miami -Dade County Mayor, or his or her designee, shall have the power, authority and right, on behalf of the Landlord, in its capacity as Landlord hereunder, and without any further resolution or action of the Board of County Commissioners, to: (a) Review and approve documents, plans, applications, lease assignments and requests required or allowed by Tenant to be submitted to Landlord pursuant to this Lease; Project No. RFP-01296 ACTIVE 48486805v4 32 46 (b) Consent or agree to actions, events, and undertakings by Tenant or time periods for which consent or agreement is required by Landlord, including, but extending the date by which the Commencement Date must occur under Section 8.3) extensions of time for the performance of any obligation by Tenant hereunder; This submittal needs to be scheduled fora public hearing In accordance wAh tmellnes set forth in the City of Miami Code. The applicable decision -making body will ret,lew the Information at the public hearing to render a recommendation or a final decitl on. PZ-20-7953 01/15/21 (c) Execute any and all documents on behalf of Landlord necessary or convenient to the foregoing approvals, consents, and appointments; (d) Assist Tenant with and execute on behalf of Landlord any applications or other documents, needed to comply with applicable regulatory procedures and to secure financing, Entitlements, permits or other approvals to accomplish the construction of any and all improvements in and refurbishments of the Premises, (e) Amend this Lease and any Subleases (and related recognition and non - disturbance agreements) to correct any typographical or non -material errors, to address revisions or supplements hereto of a non -material nature or to carry out the purposes of this Lease; (f) Execute Subleases with Qualified Assignees, including any amendments, extensions, and modifications thereto, and/or the lease bifurcation documents contemplated by Section 5.7; and (g) Execute recognition and non -disturbance agreements and issue estoppel statements as provided elsewhere in this Lease. ARTICLE XV HUD -REQUIRED RAD PROVISIONS 15.1. HUD -Required RAD Provisions. In addition to entering into this Lease, Landlord and Tenant also contemplate the provision of rental assistance to the Development pursuant to a RAD HAP Contract. If a RAD HAP Contract is entered into, HUD will require Landlord and Tenant to enter into a RAD Use Agreement in connection with the provision of rental assistance to the Development. Notwithstanding any other clause or provision in this Lease, upon execution of the RAD Use Agreement and for so long as the RAD Use Agreement is in effect, the following provisions shall apply: (a) This Lease shall in all respects be subordinate to the RAD Use Agreement. Subordination continues in effect with respect to any future amendment, extension, renewal, or any other modification of the RAD Use Agreement or this Lease. (b) If any of the provisions of this Lease conflict with the terms of the RAD Use Agreement, the provisions of the RAD Use Agreement shall control. (c) The provisions in this Section 15.1 are required to be inserted into this Lease by HUD and may not be amended without HUD's prior written approval. (d) Violation of the RAD Use Agreement constitutes a default of this Lease. • (e) Notwithstanding any other contract, document or other arrangement, upon termination of this Lease, title to the real property leased herein shall remain vested in Landlord Project No. RFP-01296 ACTIVE 48486805v4 33 47 and title to the buildings, fixtures, improvements, trade fixtures and equipment t Tenant shall vest in Landlord. Ef) Neither the Tenant nor any of its partners or members shall have any aut (i) Take any action in violation of the RAD Use Agreement; or This submittal needs to be scheduled fora pubic hearing In accordance wAh tmellnes set forth in the City of Miami Code. The appdca de decision -making bedywlll resew the Information at the pubic hearing to render a n:commendatl on or a final deeW on. PZ-20-7953 01/15/21 (li) Fail to renew the RAD HAP Contract upon such terms and conditions applicable at the time of renewal when offered for renewal by the Landlord or HUD; or (Hi) Except to the extent permitted by the RAD HAP Contract or the RAD Use Agreement and the normal operation of the Development (e.g., in connection with a Sublease to a Qualified Assignee), neither the Tenant nor any partners or members shall have any authority without the consent of Landlord to sell, transfer, convey, assign, mortgage, pledge, sublease, or otherwise dispose of, at any time, the Development or any part thereof. ARTICLE XVI MISCELLANEOUS 16.1. Construction. Landlord and Tenant agree that all the provisions hereof are to be construed as covenants and agreements as though the words importing such covenants and agreements were used in each separate section thereof. 16.2. Performance Under Protest. In the event of a dispute or difference between Landlord and Tenant as to any obligation which either may assert the other is obligated to perform or do, then the party against whom such obligation is asserted shall have the right and privilege to carry out and perform the obligation so asserted against it without being considered a volunteer or deemed to have admitted the correctness of the claim, and shall have the right to bring an appropriate action at law, equity or otherwise against the other for the recovery of any sums expended in the performance thereof and in any such action, the successful party shall be entitled to recover in addition to all other recoveries such reasonable attorneys' fees as may be awarded by the court of law. 16.3. Compliance with Governing Requirements. Notwithstanding anything to the contrary herein, Landlord and Tenant hereby agree to comply with any and all applicable HUD notice and consent requirements set forth in the Governing Documents by providing notice to HUD as required in the Governing Documents. 16.4. No Waiver. Failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said party of any of its rights hereunder. No waiver by either party at any time, express or implied, of any breach of any other provision of this Lease shall be deemed a waiver of a breach of any other provision of this Lease or a consent to any subsequent breach of the same or any other provision. If any action by either party shall require the consent or approval of the other party, the other party's consent to or approval of such action on any one occasion shall not be deemed a consent to or approval of said action on any subsequent occasion. Any and all rights and remedies which either party may have under this Lease or by operation of law, either at law or in equity, upon any breach, shall be distinct, separate and cumulative and shall not be deemed Project No. RFP-01296 ACTIVE 48486805v4 34 48 inconsistent with each other; and no one of them whether exercised by said party o deemed to be in exclusion of any other; and two or more or all of such rights and r be exercised at the same time. This submittal needs to be scheduled for a public hearing in accordance wtl timelines set forth in the city of Miami Code. The applicade decision -making bodywlll renew the Intonation at the public hearing to render a recommendation or a final decal on. 16.5. Headings. The headings used for the various articles and sections of this Lease are u only as a matter of convenience for reference, and are not to be construed as part of this Lease or to be used in determining the intent of the parties of this Lease. PZ-20-7953 01/15/21 16.6. Partial Invalidity. If any terms, covenant, provision or condition of this Lease or the application thereof to any person or circumstances shall be declared invalid or unenforceable by the final ruling of a court of competent jurisdiction having final review, the remaining terms, covenants, provisions and conditions of this Lease and their application to persons or circumstances shall not be affected thereby and shall continue to be enforced and recognized as valid agreements of the parties, and in the place of such invalid or unenforceable provision there shall be substituted a like, but valid and enforceable, provision which comports to the findings of the aforesaid court and most nearly accomplishes the original intention of the parties. 16.7. Decision Standards. In any approval, consent or other determination by any party required under any provision of this Lease, the party shall act reasonably, in good faith and in a timely manner, unless a different standard is explicitly stated. 16.8. Bind and Inure. Unless repugnant to the context, the words Landlord and Tenant shall be construed to mean the original parties, their respective successors and assigns and those claiming through or under them respectively. The agreements and conditions in this Lease contained on the part of Tenant to be performed and observed shall be binding upon Tenant and its successors and assigns and shall inure to the benefit of Landlord and its successors and assigns, and the agreements and conditions in this Lease contained on the part of Landlord to be performed and observed shall be binding upon Landlord and its successors and assigns and shall inure to the benefit of Tenant and its successors and assigns. No holder of a mortgage of the leasehold interest hereunder shall be deemed to be the holder of said leasehold estate until such holder shall have acquired indefeasible title to said leasehold estate. 16.9. Estoppel Certificate. Each party agrees from time to time, upon no Tess than fifteen (15) days' prior notice from the other or from any Permitted Leasehold Mortgagee, to execute, acknowledge and deliver to the other, as the case may be, a statement certifying that (i) this Lease is unmodified and in full force and effect (or, if there have been any modifications, that the same is in full force and effect as modified and stating the modifications), (ii) the dates to which the Rent has been paid, and that no additional rent or other payments are due under this Lease (or if additional rent or other payments are due, the nature and amount of the same), and (iii) whether there exists any uncured default by the other party, or any defense, offset, or counterclaim against the other party, and, if so, the nature of such default, defense, offset or counterclaim. 16.10. Recordation. Simultaneously with the delivery of the Lease the parties have delivered a memorandum, notice or short -form of this Lease or this Lease which Tenant shall record in the appropriate office of the Public Records of Miami -Dade County. If this Lease is terminated before the Term expires, the parties shall execute, deliver and record an instrument acknowledging such fact and the date of termination of this Lease. 16.11. Notice. Any notice, request, demand, consent, approval, or other communication required or permitted under this Lease shall be in writing, may be delivered on behalf of a party by such Project No. RFP-01296 ACTIVE 48486805v4 35 49 party's counsel, and shall be deemed given when received, if (i) delivered by han registered or certified mail, return receipt requested, or (iii) sent by recognized ove service such as Federal Express, addressed as follows: : If to the Landlord: and a copy to: and a copy to: If to Tenant: and a copy to: Miami -Dade County c/o Miami -Dade Public Housing and Community Development 701 N.W. 1st Court, 16th Floor Miami, Florida 33136 Attn: Michael Liu, Director This submittal needs to be scheduled fora public hearing In accordance wAh tmellnes set forth in the City of Miami Code. The appllca ble decision -making body NOR resew the Information at the public hearing to render a n:commendatl on or a final deeW on. Miami -Dade County Attorney's Office 111 N.W. 1st Street, Suite 2810 Miami, Florida 33128 Attn: Terrence A. Smith, Esq. Assistant County Attorney Miami -Dade County Internal Services Department, Strategic Procurement Division Attention: Chief Procurement Officer 111 N.W. 1st Street, Suite 1375 Miami, FL 33128-1974 Phone: (305) 375-4900 E-mail: Namita.Uppal(a7miamidade.gov Rainbow Redevelopment, LLC c/o Housing Trust Group, LLC 3225 Aviation Avenue, 6th Floor Coconut Grove, Florida 33133 Attn: Matthew A. Rieger Greenberg Traurig, P.A. 333 SE 2nd Avenue Miami, Florida Attn: Ryan Bailine and Nancy B. Lash A party may change its address by giving written notice to the other party as specified herein. PZ-20-7953 01/15/21 16.12. Entire Agreement. This instrument contains all the agreements made between the parties hereto with respect to the subject matter hereof and may not be modified in any other manner than by an instrument in writing executed by the parties or their respective successors in interest. 16.13. Amendment. This Lease may be amended by mutual agreement of Landlord and Tenant, provided that all amendments must be in writing and signed by both parties and that no amendment shall impair the obligations of Tenant to develop and operate the Premises. Tenant and Landlord hereby expressly stipulate and agree that, they will not modify this Lease in any way nor cancel or terminate this Lease by mutual agreement nor will Tenant surrender its interest in this Lease, including but not limited to pursuant to the provisions of Section 6.3, without the prior written consent of all Permitted Leasehold Mortgagees and, following the admission of the Investor, the Tenant's Investor. No amendment to or termination of this Lease shall become effective without all such required consents. Tenant and Landlord further agree that they will not, Project No. RFP-01296 ACTIVE 48486805v4 36 50 respectively, take advantage of any provisions of the United States Bankruptcy Co result in a termination of this Lease or make it unenforceable. 16.14. Governing Law, Forum, and Jurisdiction. This Lease shall be governed and con accordance with the laws of the State of Florida. Any dispute arising from this Lease o contractual relationship between the Parties shall be decided solely and exclusively by State or Federal courts located in Miami -Dade County, Florida. This submittal needs to be scheduled fora public hearing In accordance wAh tmellnes set forth in the City of Miami Code. The applicable decision -making body will ret,lew the Information at the public hearing to render a n:commendatl on or a final deeIS on. PZ-20-7953 01/15/21 16.15. Relationship of Parties; No Third Party Beneficiary. The parties hereto expressly declare that, in connection with the activities and operations contemplated by this Lease, they are neither partners nor joint venturers, nor does a principal/agent relationship exist between them. 16.16. Access. Tenant agrees to grant a right of access to the Landlord or any of its authorized representatives, with respect to any books, documents, papers, or other records related to this Lease in order to make audits, examinations, excerpts, and transcripts until 3 years after the termination date of this Lease. 16.17. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 16.18. Non -Merger. Except upon expiration of the Term or upon termination of this Lease pursuant to an express right of termination set forth herein, there shall be no merger of either this Lease or Tenant's estate created hereunder with the fee estate of the Premises or any part thereof by reason of the fact that the same person may acquire, own or hold, directly or indirectly, (a) this Lease, Tenant's estate created hereunder or any interest in this Lease or Tenant's estate (including the Improvements), and (b) the fee estate in the Premises or any part thereof or any interest in such fee estate (including the Improvements), unless and until all persons, including any assignee of Landlord and, having an interest in (i) this Lease or Tenant's estate created hereunder, and (ii) the fee estate in the Premises or any part thereof, shall join in a written instrument effecting such merger and shall duly record the same. 16.19. Compliance with Governing Documents. Notwithstanding anything to the contrary herein, Landlord and Tenant hereby agree to comply with any and all applicable HUD notice and consent requirements set forth in the Governing Documents by providing notice to HUD as required in the Governing Documents. 16.20. Vendor Registration. The Tenant shall be a registered vendor with the County — Internal Services Department, Strategic Procurement Division, for the duration of this Agreement. In becoming a registered vendor with Miami -Dade County, the Contractor confirms its knowledge of and commitment to comply with the following: 1. Miami -Dade County Ownership Disclosure Affidavit (Section 2-8.1 of the Code of Miami -Dade County) 2. Miami -Dade County Employment Disclosure Affidavit (Section 2.8.1(d)(2) of the Code of Miami -Dade County) 3. Miami -Dade County Employment Drug -free Workplace Project No. RFP-01296 ACTIVE 48486805v4 37 Certification (Section 2-8.1.2(b) of the Code of Miami -Dade County) 4. Miami -Dade County Disability and Nondiscrimination Affidavit (Section 2-8.1.5 of the Code of Miami -Dade County) 51 5. Miami -Dade County Debarment Disclosure Affidavit (Section 10.38 of the Code of Miami -Dade County) 6. Miami -Dade County Vendor Obligation to County Affidavit (Section 2-8.1 of the Code of Miami -bade County) 7. Miami -Dade County Code of Business Ethics Affidavit (Sections 2-8.1(i), 2-11.1(b)(1) through (6) and (9), and 2- 11.1(c) of the Code of Miami -Dade County) 11. Miami -Dade County E Verify Affidavit (Executive Order 11-116) 12. Miami -Dade County Pay Parity Affidavit (Resolution R 1072 17) 13. Miami -Dade County Suspected Workers' Compensation Fraud Affidavit (Resolution R-919-18) 14. Subcontracting Practices (Section 2-8.8 of the Code of Miami -Dade County) 15. Subcontractor/Supplier Listing (Section 2-8.1 of the Code of Miami -Dade County) 16. Form W-9 and 147c Letter (as required by the Internal Revenue Service) 17. FEIN Number or Social Security Number In order to establish a file, the Contractor's Federal Employer Identification Number (FEIN) must be provided. if no FEiN exists, the Social Security Number of the owner or individual must be provided. This number becomes Contractor's "County Vendor Number". To comply with Section 1 /9.07/(5) of the Florida Statutes 8. Miami -Dade County Family Leave (Article V of Chapter 11 of the Co County) This submittal needs to be scheduled fora public hearing In accordance with timelines set torah in the city of Miami Cede. The applica de decision -making body NC reWew the information at the public hearing to render a recommendation or a final decal on. 9. Miami -Dade County Living Wage Affidavi (Section 2-8.9 of the Code of Miami -Dade County) PZ-20-7953 01/15/21 10. Miami -Dade County Domestic Leave and Reporting Affidavit (Article VIII, Section 11A-60 - 11A-67 of the Code of Miami -Dade County) relating to the collection of an individual's Social Security Number, be aware that the County requests the Social Security Number for the following purposes: • Identification of individual account records • To make payments to individual/Contractor for goods and services provided to Miami -Dade County • Tax reporting purposes • To provide a unique identifier in the vendor database that may be used for searching and sorting departmental records 18. Office of the Inspector General (Section 2-1076 of the Code of Miami -Dade County) 19. Small Business Enterprises The County endeavors to obtain the participation of all small business enterprises pursuant to Sections 2- 8.1.1.1.1, 2-8.1.1.1.2 and 2-8.2.2 of the Code of Miami - Dade County and Title 49 of the Code of Federal Regulations. 20. Antitrust Laws By acceptance of any contract, the Contractor agrees to comply with all antitrust laws of the United States and the State of Florida 16.21. Conflict of Interest and Code of Ethics. Section 2-11.1(d) of the Code of Miami -Dade County requires that any County employee or any member of the employee's immediate family who has a controlling financial interest, direct or indirect, with Miami -Dade County or any person or agency acting for Miami -Dade County, competing or applying for a contract, must first request a conflict of interest opinion from the County's Ethics Commission prior to their or their immediate family member's entering into any contract or transacting any business through a firm, corporation, partnership or business entity in which the employee or any member of the employee's immediate family has a controlling financial interest, direct or indirect, with Miami - Dade County or any person or agency acting for Miami -Dade County. Any such contract or business engagement entered in violation of this subsection, as amended, shall be rendered voidable. All autonomous personnel, quasi-judicial personnel, advisory personnel, and employees wishing to do business with the County are hereby advised they must comply with the applicable provisions of Section 2-11.1 of the Code of Miami -Dade County relating to Conflict of Interest and Code of Ethics. in accordance with Section 2-11.1 (y), the Miami -Dade County Commission on Ethics and Public Trust (Ethics Commission) shall be empowered to review, interpret, render advisory opinions and letters of instruction and enforce the Conflict of Interest and Code of Ethics Ordinance. Project No. RFP-01296 ACTIVE 48486805v4 (SIGNATURES ON FOLLOWING PAGE) 38 52 IN WITNESS WHEREOF, the parties or their duly authorized representat execute this Agreement on the date first written above. TENANT: LANDLORD: Rainbow Redevelopment, LLC, Miami -Dade County a Florida limited liability company By: Name: Title: Date: Attest: Matt . Rieger Manager 3 obeto Online Notary: ❑ (Check Box if acknowledgment done by Online Notarization) 39 By: Name: Title: Date: Attest: This submittal needs to be scheduled fora public hearing In accordance wAh tmellnes set forth in the City of Mlami Code. The appllca ble decision -making body NOR resew the Information at the public hearing to render a recommendation or a final deeW on. PZ-20-7953 01/15/21 Carlos A. Gimenez Mayor Clerk of the Board Approved as to form and legal sufficiency Terrence A. Smith Assistant County Attorney 53 Signed, sealed and delivered in the presence of: Witness: / rs� Print Name:! I-, a. Witness: Print Name: E! `vjeQr This submittal needs to be scheduled fora pubic hearing In accordance wAh tmellnes set forth in the City of Miami Code. The appdca de decision -making body NOR resew the Information at the pubic hearing to render a recommendation or a final decIS on. TENANT: RAINBOW REDEVELOPMENT, I"LC, Florida limited lia.ility;mpany By: Name: Matthew A. em : r Title: Manager Date: 5 / W2.0 Attest: Corporate Secretary/Notary Public Corporate Seal/Notary Seal PZ-20-7953 01/15/21 EXHIBIT A Land Project Name: Rainbow Village and Gwen Cherry 23C Folio Number: 01-3125-063-0020 Legal Description:• 25 53 41 TOWNPARK SUBDIVISION 1 PB 85-31 / U. R. PROJECT FLA R-10 1 TRACTS 2 & 3 & TR 22 OF U R PROJECT FLA R-10 OF PB 91-88 LOT SIZE 452717 SQ FT MIL 40 ThI. submmal needs to be scheduled for a public he.nng In accordance w r t merles set forth inthe City of Miami Code The .ppdca de demon ma Xing bodywlll review the information at the public hearing to render. recommendm on or a final decmon PZ-20-7953 01/15/21 EXHIBIT B Rent (Revenue and Income Streams Schedule) Project No. RFP-01296, Redevelopment of Rainbow Village and Gwen Cherry 23C This submittal needs to be scheduled fora pubic hearing In accordance wAh tmellnes set forth in the City of Miami Code. The appdca de decision -making bedywlll resew the Information at the pubic hearing to render a recommendation or a final deeW on. PZ-20-7953 01/15/21 The Tenant shall pay to the County for the use of the Land, revenue and income streams, as noted below and indicated in Exhibit B, subject to negotiations during the Master Development Agreement and Long -Term Lease Agreement: A. Lump Sum Ground Lease Payment The Tenant shall state its proposed Lump Sum Ground Lease Payment for the use of the Land. Such Lump Sum Ground Lease Payment with respect to each phase of the Project shall be received by the County from the Tenant at Financial Closing date for such phase of the Project. Project Proposed Lump Sum Ground Lease Payment: Rainbow Village & Gwen Cherry 23C Scenario A: $10,030,000 ($10K per unit); Scenario B: $20,435,000 ($10K per mixed -income housing unit and $25K per market rate unit) B. Share of Revenues/Net Cash Flow The Tenant shall provide a proposed share of cash flow for the Project. Such Share of Cash Flow shall be received by the County from the Tenant, after stabilization period, about one year after issuance of Certificate of Occupancy, without billing, through end date of the Agreement. Project Proposed Share of Revenues/Net Cash Flow (%) Rainbow Village & Gwen Cherry 23C Scenario A/B: 35% of Net Cash Flow paid to the Developer for the LUHTC developments will be allocated to Landlord. C. Percentage of Developer Fees The Tenant shall state its proposed percentage of developer fees, at a minimum of 30% of developer fees, for the Project. Such percentage of developer fees shall be received by the County, or the non-profit community development partner (if applicable), from the Tenant at the same time it is received by the Developer and in accordance with Safe Harbor Standards. Project Proposed Percentage of Developer Fees (%) Rainbow Village & Gwen Cherry 23C Scenario A/B: 30% shall be received by the County D. Davis -Bacon Review Fee The Tenant shall include in its proposal a $1,700 per month fee to be paid to PHCD during all phases of construction of the Project for Davis -Bacon Compliance Review fee. The first payment shall be due 30 days after the construction of the Project have begun. 41 56 Project Rainbow Village & Gwen Cherry 23C Notes: (1) Revenue and Income streams Schedule is firm and fixed during the ground lease agreement period, unless the County requests and agrees to contractual changes. (2) The Ground Lease Payment Schedule above shall be exclusive from any developing, financing, operating, or maintenance costs of the Project. (3) Any proposed payments indicated above are subject to further negotiation by the County with Tenant, at the County's sole discretion. Davis -Bacon Review Fee $1,700 per month during construction This submittal needs to be scheduled fora public hearing In accordance with hmermes set form in the city of Miami Code. The applicable decision -making body will ret,lew the Information at the pubbc hearing to render a recommendation or a final decitl on. PZ-20-7953 01/15/21 EXHIBIT C Insurance Requirements This submittal needs to be scheduled fora pubic hearing In accordance wAh tmellnes set forth in the City of Miami Code. The applica de decision -making body NOR resew the Information at the pubic hearing to render a recommendation or a final deeW on. PZ-20-7953 01/15/21 (a) Prior to the commencement of construction by Tenant, Tenant shall furnish an Risk Builder's Risk Completed Value Form" policy for the full completed insurable value of the Premises in form satisfactory to Landlord. The policy shall be in the name of Miami Dade County and the Tenant, or the Contractor. (b) The Tenant shall furnish to the Internal Services Department, Strategic Procurement Division, 111 NW 1st Street, Suite 1300, Miami, Florida 33128, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. D. Professional Liability Insurance in the name of the Tenant or the licensed design professional employed by the Tenant in an amount not less than $1,000,000 per claim. This insurance shall be maintained for a period of two (2) years after the County's acceptance of the applicable Improvements from the Tenant. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "A-" as to management, and no less than "Class VII" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. Project No. RFP-01296 ACTIVE 48486805v4 43 58 NOTE: MIAMI-DADE COUNTY RFP NUMBER AND TITLE OF RFP MUS ON EACH CERTIFICATE. CERTIFICATE HOLDER MUST READ: MIAMI-DADE COUNTY 111 NW 1st STREET SUITE 2340 MIAMI, FL 33128 This submittal needs to be scheduled fora pubic hearing In accordance wAh tmellnes set forth in the City of Miami Code. The appdca de decision -making body NOR resew the Information at the pubic hearing to render a n:commendatl on or a final deeW on. PZ-20-7953 01/15/21 Compliance with the foregoing requirements shall not relieve Tenant of their liability and obligation under this section or under any other section of this agreement Execution of this Lease is contingent upon the receipt of the insurance documents, as required, within fifteen (15) calendar days after Landlord's notification to Tenant to comply before the award is made. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Lease, the Tenant shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the County. If the Tenant fails to submit the required insurance documents in the manner prescribed in this Lease within twenty (20) calendar days after Landlord's notification to comply, it shall be an Event of Default pursuant to the Lease. The Tenant shall be responsible for assuring that the insurance certificates required in conjunction with this Exhibit remain in force for the duration of the Term of the Lease, including any and all option years or extension periods that may be granted by the Landlord. If insurance certificates are scheduled to expire during the Term, the Tenant shall be responsible for submitting new or renewed insurance certificates to the Landlord at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the Landlord shall provide thirty (30) days written notice to Tenant to cure the noncompliance. In the event Tenant does not replace the expired certificates with new or renewed certificates which cover the contractual period, it shall be an Event of Default pursuant to the Lease. (c) The Tenant agrees to cooperate with the Landlord in obtaining the benefits of any insurance or other proceeds lawfully or equitably payable to the Landlord in connection with this Lease. (d) The "All Risk Builder's Risk Completed Value Form" policy with respect to the Premises shall be converted to an "all risk" or comprehensive insurance policy upon completion of the Improvements, naming Landlord as an additional insured thereunder and shall insure the Project in an amount not less than the full insurable replacement value of the Premises. The Tenant hereby agrees that all insurance proceeds from the All Risk Builder Risk Completed Value Form policy (or if converted, the "all risk" or comprehensive policy) shall be used to restore, replace or rebuild the Improvements, if the Tenant determines that it is in its best interest to do so, subject to the requirements of any approved mortgage lien holder's rights secured against the Premises and subject further to the terms of Article VI of the Lease. (e) All such insurance policies shall contain (i) an agreement by the insurer that it will not cancel the policy without delivering prior written notice of cancellation to each named insured and loss payee thirty (30) days prior to canceling the insurance policy; and (ii) endorsements that the rights of the named insured(s) to receive and collect the insurance proceeds under the policies shall not be diminished because of any additional insurance coverage carried by the Tenant for its own account. 44 59 {f) If the Premises is located in a federally designated flood plain, an ac insurance policy shall also be delivered to the Landlord, providing coverage in th amount reasonable necessary to insure against the risk of loss from damage to the caused by a flood. This submittal needs to be scheduled fora public hearing In accordance wAh tmellnes set forth in the City of Miami Code. The applicable decision -making body will ret,lew the Information at the public hearing to render a recommendation or a final decitl on. PZ-20-7953 01/15/21 (g) Neither the Landlord nor the Tenant shall be liable to the other (or to any insurance company insuring the other party), for payment of losses insured by insurance policies benefiting the parties suffering such Toss or damage, even though such loss or damage might have been caused by the negligence of the other party, its agents or employees. f 45 60 EXHIBIT D Form of Sublease SUBLEASE AGREEMENT This submittal needs to be scheduled fora pubic hearing In accordance wAh tmellnes set forth in the City of Miami Code. The appdca de decision -making bedywlll resew the Information at the pubic hearing to render a recommendation or a final deeW on. PZ-20-7953 01/15/21 THIS SUBLEASE AGREEMENT ("Sublease") dated effective as of the day of , is made by and between RAINBOW REDEVELOPMENT, LLC, a Florida limited liability company (hereinafter called the "Sublessor") and a (hereinafter called the "Sublessee"). WHEREAS, the Sublessor is in rightful possession of certain real property located in Miami -Dade County, Florida, as more particularly described on Exhibit °A" attached hereto and incorporated herein by reference (the "Leased Property") pursuant to that certain Ground Lease dated as of (as may be amended, the "Master Lease"), by and between Miami -Dade County, a political subdivision of the State of Florida, through the Department of Public Housing and Community Development, as Landlord therein (the "Landlord") and Sublessor, as tenant therein; and WHEREAS, Sublessor and Sublessee acknowledge that a true and correct copy of the Master Lease thereof has been provided by Sublessor and accepted by Sublessee, and the parties agree that the provisions of said Master Lease are incorporated herein by reference; and WHEREAS, the Sublessor wishes to sublease to the Sublessee the portion of the Leased Property which is as more particularly described on Exhibit "B" attached hereto and incorporated herein by reference (the ''Demised Premises"), on the same terms and conditions as set forth in the Master Lease, except as modified hereby: NOW, THEREFORE, in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Recitals; Defined Terms. The above Recitals are true and correct and are hereby incorporated herein by reference. Capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the Master Lease. 2. Sublease. The Sublessor hereby subleases to the Sublessee, and the Sublessee hereby leases from Sublessor, the Demised Premises. 3. Term. The term of this Sublease shall be co -terminus with the Master Lease, commencing on the date hereof and ending on the date which is seventy-five (75) years from the Lease Date. The obligation to pay Rent shall begin on the date on which the Sublessee closes on the construction financing and tax credit syndication for its contemplated development (the "Commencement Date"). In any event, the term of this Sublease shall expire upon the expiration of the term of the Master Lease. Anything to the contrary herein notwithstanding, Sublessor may terminate this Sublease by written notice to Sublessee given at any time after , if by such date Sublessee has not received an award of % low income housing tax credits from the Florida Housing Finance Corporation. 46 61 4. Rent. Sublessee hereby agrees to pay to Sublessor as Rent, under a one-time capitalized lease payment, to be paid upon the Commencement Date, i of $ (the "Capitalized Payment"), which amount is calculated by mul number of units (i.e., ) times $ . If greater or fewer than u constructed at the Demised Premises, the Capitalized Payment shall be adjusted on a unit - unit basis; provided, however, that to the extent Rent is paid directly by Sublessee to Landlord, the Sublessee's obligations to pay Rent under this Section 4 shall be satisfied. As and when the Rent is due and payable under the Master Lease, Sublessee shall pay such Rent directly to Landlord, which shall satisfy the obligations of Sublessee to otherwise have paid the Rent to Sublessor. It is the intention of this Sublease that the Sublessee shall be liable for the payment with respect to the units to be developed at the Demised Premises of all Rent and impositions becoming due and payable under the Master Lease by Sublessor to Landlord, during the term of this Sublease. To that end, Sublessee shall make all payments of Rent and impositions directly to Landlord. Provided, however, that there shall be no obligation on the part of Sublessee (or any successor of Sublessee) for the payment of any such Rent or other impositions which shall become due and payable with respect to any portion of the Demised Premises transferred subsequent to the termination of Sublessee's possession of any portion of the Demised Premises, or transfer of Sublessee's rights, under the terms of this Sublease and the termination or expiration of this Sublease. This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the city of Miami Cede. The appucade decision -making bodywlll ret,letv the information at the public hearing to render a recommendation or a final decal on. PZ-20-7953 01/15/21 5. Relationship to Master Lease. This agreement is a sublease and is subject to all the provisions in the Master Lease. Neither Sublessor nor Sublessee shall commit or permit to be committed any act or omission that will violate any provisions of the Master Lease with respect to the Demised Premises. Except with regard to rights of sublessees and the rights or obligations of Landlord, as set forth in the Master Lease, if the Master Lease terminates with respect to the Demised Premises, this Sublease shall terminate, and the parties shall be relieved from all liabilities and obligations under this Sublease, except with respect to any obligations which specifically survive the termination or expiration of this Sublease. This Sublease is made expressly subject to the terms, covenants and conditions of the Master Lease, and Sublessee expressly assumes any and all of the obligations of Sublessor under the Master Lease with respect to the Demised Premises, and agrees to be subject to all conditions and restrictions to which Sublessor is subject including, but not limited to, the obligation for the development, use and operation of every part of the Demised Premises. Any act required to be performed by Sublessor pursuant to the terms of the Master Lease in respect of the Demised Premises shall be performed by Sublessee and the performance of such act shall be deemed to be performed by Sublessor and shall be accepted by Landlord as Sublessor's act, provided such act is otherwise performed in accordance with the terms of the Master Lease. Nothing herein contained shall be construed to modify, waive, impair or otherwise affect any of the covenants, agreements, terms, provisions or conditions in the Master Lease (except as herein expressly provided), and all covenants, agreements, terms, provisions and conditions of the Master Lease are hereby mutually declared to be in full force and effect. It is the express intention of the parties of this Sublease that the Master Lease is incorporated into this Sublease and Sublessee, and not Sublessor, shall be responsible for all provisions of the Master Lease in respect of the Demised Premises as if they were fully set forth in this Sublease. 6. Rights of Sublessee. Sublessee (and all succeeding and successor transferees) shall succeed to all rights and obligations of Sublessor under the Master Lease with respect to the Demised Premises, including but not limited to the right to mortgage, encumber and otherwise assign and further sublease the Demised Premises, subject, however, to all 47 62 duties and obligations of Sublessor as set forth in the Master Lease, and subje hereof. 7. Further Sublet. Subject to the Master Lease, the Sublessee may further s Demised Premises or any part thereof to residential and retail tenants under unrecorded lease with rights as tenants only, without the prior written consent of Sublessor. This submittal needs to be scheduled fora public hearing In accordance wAh tmellnes set forth in the City of Miami Code. The appllca ble decision -making body NOR resew the Information at the public hearing to render a n:commendatl on or a final deeW on. PZ-20-7953 01/15/21 8. Public Liability Insurance. The Sublessee agrees to maintain the insurance in respect of the Demised Premises in the types and amounts described in the Master Lease and shall name Sublessor as an additional insured under all such policies. Coverages required by this section shall be evidenced by certificates of insurance from insurance companies reasonably acceptable to Sublessor showing the requisite liability limits and shall specify that Sublessee's insurance policies shall not be modified, altered, canceled or allowed to expire or lapse without thirty (30) days prior notice to Sublessor. Sublessor is to be held harmless, from and against any and all liability, losses, and damages suffered or incurred by Sublessor by reasons directly (a) arising out of or (b) caused by Sublessee, in connection with Sublessee's occupancy of the Demised Premises, excepting loss and/or injury caused by the acts, negligence or omissions of the Sublessor, its servants, agents or representatives. 9. Sublessor's Representations and Warranties. Sublessor hereby represents and warrants to Sublessee that, as of the date hereof: (a) It has full power and authority to enter into this Sublease and perform in accordance with its terms and provisions and that the parties signing this Sublease on behalf of Sublessor have the authority to bind Sublessor and to enter into this transaction and Sublessor has taken all requisite action and steps to legally authorize it to execute, deliver and perform pursuant to this Sublease. (b) Sublessor will deliver possession of the Demised Premises to Sublessee, and, at all times, keep the Demised Premises free and clear of any and all liens, mortgages, encumbrances, tenancies and occupancies of every nature whatsoever. (c) Sublessor is the current lessee under the Master Lease. (d) Sublessor has not made, caused or incurred, or allowed any other to make, cause or incur, any assignment, sale, sublease, disposition or transfer or any right, title, and/or interest in, to, and under the Master Lease of the Demised Premises (other than that which may have been made to Sublessee), or any claim, demand, obligation, liability, action or cause of action in any way pertaining to the Master Lease or the Demised Premises. (e) There are no existing mortgages, encumbrances or liens on Sublessor's leasehold interest and Sublessor will not hereafter subordinate to or mortgage or encumber its leasehold interest. 10. Sublessee's Representations and Warranties. Sublessee hereby represents and warrants to Sublessor that, as of the date hereof, Sublessee has full power and authority to enter into this Sublease and perform in accordance with its terms and provisions and that the parties signing this Sublease on behalf of Sublessee have the authority to bind Sublessee and to enter into this transaction and Sublessee has taken all requisite action and steps to legally authorize it to execute, deliver and perform pursuant to this Sublease. 48 63 11. Events of Default of Sublessee. The occurrence of any of the folio an "Event of Default" of Sublessee hereunder: This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the city of Miami Cede. The applicade decision -making body NOR reWew the information at the pubic hearing to render a recommendation or a final decal on. (a) Default is made in the due and punctual payment of the Rent pa Sublessor under this Sublease when and as the same shall become due and payable and su default shall continue for a period of ninety (90) days after written notice thereof from Sublessor to Sublessee. PZ-20-7953 01/15/21 (b) Default is made by Sublessee in keeping, observing or performing any of the terms contained in this Sublease, excepting the obligation to pay the Rent, and such default shall continue for a period of ninety (90) days after written notice thereof from Sublessor to Sublessee setting forth with reasonable specificity the nature of the alleged breach; or in the case of such default or contingency which cannot with due diligence and in good faith be cured within ninety (90) days, Sublessee fails within said ninety (90) day period to proceed promptly and with due diligence and in good faith to pursue curing said default. (c) Any default in the obligations of Sublessor under the Master Lease relating to the Demised Premises, other than (i) an obligation which can only be performed by Sublessor thereunder or (ii) a default which is caused by Sublessor. 12. Failure to Cure Default by Sublessee. If an Event of Default of Sublessee shall occur, Sublessor, at any time after the periods set forth in Section 11 (a) or (b) and provided Sublessee has failed to cure such Event of Default within such applicable period, or in the case of such default or contingency which cannot with due diligence and in good faith be cured within ninety (90) days, Sublessee fails within said ninety (90) day period to proceed promptly and with due diligence and in good faith to pursue curing said default, shall, have the following rights and remedies, which are cumulative: (a) In addition to any and all other remedies, in law or in equity, or as set forth in this Sublease, that Sublessor may have against Sublessee, Sublessor shall be entitled to sue Sublessee for all damages, costs and expenses arising from Sublessee's committing an Event of Default hereunder and to recover all such damages, costs and expenses, including reasonable attorneys' fees at both trial and appellate levels. (b) To restrain, by injunction, the commission of or attempt or threatened commission of an Event of Default of Sublessee and to obtain a decree specifically compelling performance of any such term or provision of this Sublease without notice to Sublessor or the necessity of posting a bond. 13. Events of Default of Sublessor. It shall be an Event of Default of Sublessor, if default shall be made by Sublessor in keeping, observing or performing any of the duties imposed upon Sublessor pursuant to the terms of this Sublease and such default shall continue for a period of ninety (90) days after written notice thereof from Sublessee to Sublessor setting forth with reasonable specificity the nature of the alleged breach; or, in the case of any such default or contingency which cannot, with due diligence and in good faith, be cured within ninety (90) days, Sublessor fails within said ninety (90) day period to proceed promptly after such notice and with due diligence and in good faith to cure said Event of Default. If an Event of Default of Sublessor shall occur, Sublessee, at any time after the period set forth in this Section 13, shall have the following rights and remedies which are cumulative: 49 64 (a) To restrain, by injunction, the commission of or attempt or threatene of an Event of Default of Sublessor and to obtain a decree specifically compelling of any such term or provision of this Sublease without notice to Sublessor or the n posting a bond. This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the city of Miami Cede. The applicade decision -making body NOR reWew the information at the public hearing to render a recommendation or a final decal on. PZ-20-7953 01/15/21 (b) In the event that the Sublessor's default is of a nature which makes performance of this Sublease impossible, Sublessee may terminate any and all obligations that Sublessee may have under this Sublease, in which event Sublessee shall be released and relieved from any and all liability under this Sublease and shall surrender possession of the Demised Premises to Sublessor. 14. Power of Attorney -Sublessor. (a) Subject to Sublessor's prior approval of any instrument or document described in this Section, which approval shall not be unreasonably withheld, Sublessor hereby irrevocably constitutes Sublessee its true and lawful attorney in fact in its name, place and stead to make, execute, swear to, acknowledge, deliver and file: (i) Any instrument which may be required to be filed by the Sublessor under the terms of the Master Lease, or which Sublessee deems advisable to file under the terms of the Master Lease; (ii) Any documents which may be required or appropriate to amend the terms of the Master Lease, to effect the continuation of the Master Lease, or the termination of the Master Lease; or (iii) Any document necessary or proper to carry out the intent of the Sublessor's powers and/or duties. (b) The above power of attorney: (i) Is a special power of attorney coupled with an interest, is irrevocable and will survive the dissolution of the Sublessor or any other event; and (ii) May be exercised by the Sublessee on behalf of Sublessor by an actual or facsimile signature of a duly authorized representative of the Sublessee. (c) Upon the request of Sublessee, the Sublessor shall from time to time execute a separate power of attorney that may be necessary or proper to permit the above -listed powers to be exercised, and any document which the Sublessee would be authorized to execute by virtue of any such powers. 15. Discharge of Liens. Sublessor is not authorized to contract for or on behalf of itself or Sublessee for work or the furnishing of materials to the Demised Premises. Sublessor shall discharge of record by payment, bond or otherwise, within five (5) days subsequent to the date of its receipt of notice thereof from Sublessee, any mechanic's, laborer's or similar lien filed against the Demised Premises for work or materials claimed to have been furnished at the instance of Sublessor. If Sublessor shall fail to cause such lien or claim of lien to be so discharged or bonded within such period, in addition to any other right or remedy it may have, Sublessee may, but shall not be obligated to, discharge the same by paying the amount claimed to be due or by procuring the discharge of such lien or claim by deposit in court or bonding, and in any such event, Sublessee shall be entitled, if Sublessee so elects, to compel the prosecution of any action for the foreclosure of such lien or claim by claimant and to pay the 50 65 amount of the judgment, if any, in favor of the claimant, with interest, costs and Sublessee shall be entitled to offset any sum or sums so paid by Sublessee, and expenses incurred by Sublessee, including, but not limited to, attorneys' fees in proce discharge or in defending any such action against any Rent due under this Sublease. This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the city of Miami Cede. The applicade decision -making body NOR reWew the information at the public hearing to render a recommendation or a final decal on. PZ-20-7953 01/15/21 16. Notices. Each notice required or permitted to be given hereunder or pursuant to the Master Lease must comply with the requirements of Article 14.11 of the Master Lease. The addresses for the parties hereto are as follows: Sublessor: Sublessee: , LLC c/o Housing Trust Group, LLC 3225 Aviation Avenue, 6th Floor Coconut Grove, Florida 33133 Attn: Matthew A. Rieger 17. Subleasehold Mortgage. (a) Without limiting any of the provisions of the Master Lease as to the mortgaging of the Sublessee's subleasehold estate in the Demised Premises, it is agreed that, without Sublessor's prior consent, Sublessee shall have the right from time to time during the Term to mortgage, collaterally assign, or otherwise encumber in favor of one or more lenders the Sublessee's leasehold estate and interest ("Leasehold Interest") under one or more leasehold mortgages ("Leasehold Mortgages"), the Sublessee's personalty located on the Demised Premises, its subleases and issues, rents and profits therefrom, as security for such Leasehold Mortgages. (b) In the event of any default by Sublessee under the Sublease or any Leasehold Mortgage, Sublessor will allow Permitted Leasehold Mortgagee (as hereinafter defined) to enforce its lien and security interest in Sublessee's personal property located at the Demised Premises including assembling and removing all of Sublessee's personal property located on the Premises. Sublessor hereby waives any landlord's lien it might hold, statutory, constitutional, contractual or otherwise, in any personal property owned or leased by Sublessee and now or hereafter located on the Demised Premises. If so requested by Sublessee, Sublessor shall execute a waiver of any right, title or interest or right to seize any of Sublessee's personal property on the Demised Premises that may be subject to a lien or security interest in favor of Permitted Leasehold Mortgagee or a seller of Sublessee's personal property or creditor holding a security interest in such personal property. (c) (i) if the Sublessee shall mortgage its Leasehold Interest, and if the holder of such Leasehold Mortgage (each a "Permitted Leasehold Mortgagee") shall provide the Sublessor with notice of such Leasehold Mortgage together with a true copy of such Leasehold Mortgage and the name and address of the mortgagee, the Sublessor and the Sublessee agree that, following receipt of 'such notice by the Sublessor, the provisions of this Section 17 shall apply with respect to such Leasehold Mortgage. 51 66 (ii) Sublessor agrees that no notice given to Sublessee subsequ Sublessee's leasehold interest in the Land is encumbered by a Leasehold valid unless simultaneously given to the Permitted Leasehold Mortgagee a provided by it. This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the city of Miami Code. The applicade decision -making body NOR renew the intormaeon at the public hearing to render a recommendation or a final decal on. PZ-20-7953 01/15/21 (iii) In the event of any assignment of a Leasehold Mortgage or in the event of change of address of a Permitted Leasehold Mortgagee or of an assignee of such Leasehold Mortgage, notice of the new name and address shall be provided to the Sublessor. (iv) After the Sublessor has received the notice provided for by subsection (c)(1) above, the Sublessee, upon being requested to do so by the Sublessor, shall with reasonable promptness provide the Sublessor with copies of the note or other obligation secured by such Leasehold Mortgage and of any other documents pertinent to the Leasehold Mortgage and of each amendment or other modification or supplement to such instruments. (d) Until such time as the Leasehold Mortgages are paid in full, the Sublessor shall not consent to any termination, material amendment, modification or supplement to this Sublease unless consented to in writing by the Permitted Leasehold Mortgagees which consent will not be unreasonably delayed, conditioned or withheld. (e) In the event there is a conflict between the terms of this Sublease and those of a Leasehold Mortgage (including but not limited to the provisions of this Sublease and those of a Leasehold Mortgage pertaining to the disposition of insurance proceeds or condemnation awards), the terms of the Leasehold Mortgage shall govern. (f) Permitted Leasehold Mortgagee may at its option, at any time before this Sublease has been terminated as provided herein, and before the expiration of the time periods specified in Section 17(g) below, pay any of the Rent or other sums due under this Sublease, or effect any insurance, or pay any taxes or assessments, or make any repairs and improvement, or do any act or thing which may be necessary and proper to be done in the observance of the covenants and conditions of this Sublease or to prevent the termination of this Sublease. Permitted Leasehold Mortgagee also shall be afforded the right, but not the obligation, to perform any other term, covenant, or condition of this Sublease to be performed by Sublessee, as well as to remedy any default by Sublessee hereunder, and Sublessor shall accept such performance by any Permitted Leasehold Mortgagee with the same force and effect as if furnished by Sublessee, provided, however, that Permitted Leasehold Mortgagee shall not thereby or hereby be subrogated to the rights of Sublessor. Additionally, Sublessee may delegate irrevocably to Permitted Leasehold Mortgagee the authority to exercise any or all of Sublessee's rights hereunder, including, but not limited to the right of Permitted Leasehold Mortgagee to participate (in conjunction with or to the exclusion of Sublessee) in any proceeding, arbitration or settlement involving condemnation or eminent domain affecting Sublessee's leasehold interest in the Demised Premises, but no such delegation shall be binding upon Sublessor unless and until either Sublessee or Permitted Leasehold Mortgagee in question shall give to Sublessor a true copy of a written instrument effecting such delegation, in form required for recording. Any provision of this Sublease that gives Permitted Leasehold Mortgagee the privilege of exercising a particular right of Sublessee hereunder on condition that Sublessee shall have failed to exercise such right shall not be deemed to diminish any privilege that Permitted Leasehold Mortgagee may have, by 52 67 virtue of a delegation of authority from Sublessee, to exercise such right without leg or not Sublessee shall have failed to exercise such right. This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the city of Miami Cede. The applicade decision -making body NOR reWew the information at the pubic hearing to render a recommendation or a final decal on. (g) Sublessor shall give Permitted Leasehold Mortgagee notice in writing defaults by Sublessee under this Sublease, and Permitted Leasehold Mortgagee shall have si (60) days after receipt of such written notice from Sublessor to cure such default which is reasonably susceptible of cure. Further, as to any non -monetary default, Permitted Leasehold Mortgagee shall have one hundred eighty (180) days after receipt of such written notice from Sublessor, and a reasonable time after the expiration of said one hundred eighty (180) days if it shall have commenced foreclosure or other appropriate proceeding in the nature thereof within said one hundred eighty (180) day period and is diligently prosecuting the same, within which to endeavor to cure such default; and notwithstanding any other provision of this Sublease, all rights (if any) of Sublessor to terminate this Sublease upon the default by Sublessee are and shall continue to be at all times while Sublessee is indebted to Permitted Leasehold Mortgagee, subject to and conditioned upon Sublessor's first having given Permitted Leasehold Mortgagee written notice of such default and Permitted Leasehold Mortgagee's failure to cure such default within the time and upon the conditions stated above after receiving such written notice of default. Notwithstanding anything contained herein to the contrary, any right of Sublessor to terminate this Sublease shall be postponed indefinitely if the default which gives rise to such termination right is of such a nature that the same is not susceptible of being cured by Permitted Leasehold Mortgagee and Permitted Leasehold Mortgagee shall institute foreclosure proceedings and diligently prosecute the same to completion, subject to any stay in any proceedings involving the insolvency of Sublessee or other proceeding or injunction (unless, in the meantime, Permitted Leasehold Mortgagee shall acquire Sublessee's estate hereunder, either in its own name or through a nominee, by assignment in lieu of foreclosure). PZ-20-7953 01/15/21 (h) A Permitted Leasehold Mortgagee may become the holder of the Sublessee's leasehold estate and succeed to the Sublessee's interest in this Sublease by foreclosure of its Leasehold Mortgage or as a result of the assignment of this Sublease in lieu of foreclosure, and any purchaser at a foreclosure proceeding undertaken in regard to a Leasehold Mortgage may become the holder of the Sublessee's leasehold estate and succeed to the Sublessee's interest in this Sublease by such foreclosure proceedings. A Permitted Leasehold Mortgagee may exercise any rights and remedies available to it under its Leasehold Mortgage without consent or approval of Sublessor. (i) In case of the termination of this Sublease by reason of the happening of any Event of Default or of bankruptcy or insolvency of the Sublessee, Sublessor shall provide written notice of such termination to Permitted Leasehold Mortgagee and shall include in the notice a statement of all sums which would be due under this Sublease at the time of termination and all other defaults of Sublessee existing at such time. Sublessor will enter into a new sublease for the Demised Premises with the Permitted Leasehold Mortgagee, for the remainder of the term, effective as of the date of such termination, at the same Rent and subject to the same covenants and agreements, terms, provisions and limitations herein contained, provided that: (i) The Sublessor receives the Permitted Leasehold Mortgagee's written request for such new sublease within 60 days from the date that notice of such termination is received by Permitted Mortgagee and all amounts then due and owing to the Sublessor under this Sublease shall be paid coterminous with the entry into the new sublease together with any and all costs and expenses, including reasonable counsel fees, court costs and disbursements made by the Sublessor in connection with any such default and 53 68 termination as well as in connection with the execution and delivery of the n less the net income collected by the Sublessor from the Demised Premises to the date of termination of this Sublease and prior to the execution and deli new lease, any excess of such net income over the aforesaid sums and ex to be applied in payment of the Rent thereafter becoming due under the new subleas and This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the city of Miami Cede. The applicade decision -making body NOR ret,letv the information at the public hearing to render a recommendation or a final decal on. PZ-20-7953 01/15/21 (ii) Upon the execution and delivery of the new sublease at the time payment is made in (1) above, all subleases which thereafter may have been assigned and transferred to the Sublessor shall thereupon be assigned and transferred without recourse by the Sublessor to the Permitted Leasehold Mortgagee, as the new Sublessee. Q) (i) For the purposes of this Section 17, the making of a Leasehold Mortgage shall not be deemed to constitute an assignment or transfer of this Sublease or of the Leasehold Interest hereby created, nor shall any Permitted Leasehold Mortgagee, as such, be deemed to be an assignee or transferee of this Sublease or of the Leasehold Interest hereby created so as to require such Permitted Leasehold Mortgagee, as such, to assume the performance of any of the terms, covenants or conditions on the part of the Sublessee to be performed hereunder; however, the purchaser at any sale of this Sublease and of the Leasehold Interest hereby created under any instrument of assignment or transfer in lieu of the foreclosure of any Leasehold Mortgage shall be deemed to be an assignee or transferee within the meaning of this Section 17, and shall be deemed to have agreed to perform all of the terms, covenants and conditions on the part of the Sublessee to be performed hereunder from and after the date of such purchase and assignment, but only for so long as such purchaser or assignee is the owner of the Leasehold Interest. If the Permitted Leasehold Mortgagee or its designee shall become holder of the Leasehold Interest and if the improvements on the Demised Premises shall have been or become materially damaged on, before or after the date of such purchase and assignment, the Permitted Leasehold Mortgagee or its designee shall be obligated to repair, replace or reconstruct the improvements only to the extent of the net insurance proceeds received by the Permitted Leasehold Mortgagee or its designee by reason of such damage. However, should such net insurance proceeds be insufficient to repair, replace or reconstruct the Project or other improvements, and should the Permitted Leasehold Mortgagee or its designee choose not to fully reconstruct the improvements, such failure shall constitute an event of default under this Sublease. (ii) Any Permitted Leasehold Mortgagee or other acquirer of the Leasehold Interest of the Sublessee pursuant to foreclosure, assignment in lieu of foreclosure or other proceedings may, upon acquiring the Sublessee's Leasehold Interest, without further consent of the Sublessor, sell and assign the Leasehold Interest on such terms and to such persons and organizations as are acceptable to such Permitted Leasehold Mortgagee or acquirer and thereafter be relieved of all obligations under this Sublease; provided the Sublessor has approved such assignee, which approval shall not be unreasonably withheld, and such assignee has delivered to the Sublessor its written agreement to be bound by all of the provisions of this Sublease. (iii) Notwithstanding any other provisions of this Sublease to the contrary, any sale of this Sublease and of the Leasehold Interest hereby created in any proceedings for the foreclosure of any Leasehold Mortgage, or the assignment or transfer of this Sublease and of the Leasehold Interest hereby created in lieu of the foreclosure of any 54 Leasehold Mortgage, shall be deemed to be a permitted sale, transfer or this Sublease and of the Leasehold Interest hereby created. (k) The Sublessor shall give each Permitted Leasehold Mortgagee prom of any legal proceedings between the Sublessor and the Sublessee involving obligations un this Sublease. Each Permitted Leasehold Mortgagee shall have the right to intervene in any such proceedings and be made a party to such proceedings, and the parties hereto do hereby consent to such intervention. In the event that any Permitted Leasehold Mortgagee shall not elect to intervene or become a party to any such proceedings, the Sublessor shall give the Permitted Leasehold Mortgagee notice of, and a copy of any award or decision made in any such proceedings, which shall be binding on the Permitted Leasehold Mortgagee. This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the city of Miami Cede. The applicade decision -making body NOR reWew the information at the pubic hearing to render a recommendation or a final decal on. PZ-20-7953 01/15/21 (I) Intentionally Omitted. (m) The Sublessor shall, without charge, at any time and from time to time hereafter, but not more frequently than twice in any one-year period (or more frequently if such request is made in connection with any sale or mortgaging of Sublessee's Leasehold Interest or permitted subletting by the Sublessee), within ten (10) days after written request from the Sublessee or Permitted Leasehold Mortgagee to do so, certify by written instrument duly executed and acknowledged to any Permitted Leasehold Mortgagee or purchaser, or proposed leasehold mortgagee or proposed purchaser, or any other person, firm or corporation specified in such request: (i) as to whether this Sublease has been supplemented or amended and if so, the substance and manner of such supplement or amendment; (ii) as to the validity and force and effect of this Sublease, in accordance with its tenor; (iii) as to the existence of any default hereunder; (iv) as to the existence of any known offsets, counterclaims or defenses hereto on the part of the Sublessee; (v) as to the commencement and expiration dates of the term of this Sublease; and (vi) as to any other matters as may be reasonably so requested. Any such certificate may be relied upon by the Sublessee and any other person, firm or corporation to whom the same may be exhibited or delivered, and the contents of such certificate shall be binding on the Sublessor. (n) Notices from the Sublessor to the Permitted Leasehold Mortgagee shall be mailed to the address furnished to the Sublessor, and those from the Permitted Leasehold Mortgagees to the Sublessor shall be mailed to the address designated pursuant to the provisions of Section 17(c)(i). Such notices, demands and requests shall be given in the manner described in Section 16 and shall in all respects be governed by the provisions of that section. (o) In case of the termination of this Sublease by reason of the happening of any Event of Default or of bankruptcy or insolvency of the Sublessee, the Sublessor shall give prompt notice thereof to each Permitted Leasehold Mortgagee who has made the request referred to in Section 17(c). 18. Investor. The following shall apply with respect to the Sublessee's Investor (the "Investor"): (a) The Sublessor agrees to accept payment or performance by the Investor as though the Sublessee had done the same, and the Investor shall be given all of the same cure rights as a Permitted Leasehold Mortgagee under this Sublease. 55 70 (b) The Sublessor agrees to give the Investor, at the address to be pr Investor, a written copy of all notices and demands that the Sublessor gives to the S (c) The Sublessor shall not terminate this Sublease if: This submittal needs to be scheduled for a public hearing in accordance wAh tmellnes set forth in the City of Miami Code. The appdca ble decision -making bodywlll renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-7953 01/15/21 (i) At the time of the Event of Default, the Sublessor or Sublessor's member is the Sublessee's general partner or managing member, or an affiliate of the Sublessee's general partner or managing member; (ii) Within one hundred twenty (120) days after the Investor's receipt of notice, the Investor (A) cures the Event of Default, or (B) if the Event of Default reasonably requires more than one hundred twenty (120) days to cure, commences to cure the Event of Default and diligently prosecutes the same to completion; or (iii) If the Event of Default cannot be cured by payment or expenditure of money, and the Investor (A) initiates other appropriate proceedings to remove and replace the general partner or managing member as provided in the Sublessee's amended and restated partnership or operating agreement (the "Governing Agreement") within one hundred twenty (120) days after receipt of notice, (B) cures all other Events of Default, (C) complies with all other covenants and conditions of this Sublease capable of compliance, and (D) continues to pay all real property taxes and assessments, and insurance premiums to be paid by the Sublessee under this Sublease, then the Investor shall then have one hundred twenty (120) days following the date on which the Investor or its nominee is able to become the replacement general partner or managing member of the Sublessee, to cure such Event of Default. Notwithstanding anything contained herein to the contrary, if any such Event of Default, by its nature, is such that it cannot practicably be cured within said 120-day period, then the Investor shall have such time as shall be reasonably necessary to cure the Event of Default provided that the Investor commences such cure within said 120-day period and thereafter diligently prosecutes the cure to completion. (d) The Sublessor agrees to accept performance by the Investor of all cures, conditions and covenants as though performed by the Sublessee, and agrees to permit the Investor access to the Demised Premises to take all such actions as may be necessary or useful to perform the Sublessee's covenants under this Sublease or to cure an Event of Default of the Sublessee. (e) If the Investor elects any of the above -mentioned options, then upon the Investor's or its nominee's acquisition of the general partner or managing member interest under the Governing Agreement, this Sublease shall continue in full force and effect during the -year tax credit compliance period, provided that, if the Investor elects the option provided in Section 18(C)(iii) above, then upon the Investors acquisition of the general partner or managing member interest under the Governing Agreement, the Investor shall cure all prior Events of Default of the Sublessee under this Sublease that are reasonably capable of being cured by an Investor within the time set forth in Section 18(C)(iii) above. If the Investor commences an action as set forth in Section 18(C)(iii), and thereafter the Sublessee cures such Events of Default (which cure the Sublessor shall be obligated to accept) and the Investor then terminates all proceedings under the option in Section 18(C)(iii) above, then this Sublease shall remain in full force and effect between the Sublessor and the Sublessee during the -year tax credit compliance period. 56 71 (f) During the -year tax credit compliance period the Suble Sublessee shall not agree between themselves to any material amendment, m supplement to this Sublease without the prior written consent of the Investor, wh will not be unreasonably delayed, conditioned or withheld. This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the city of Miami Cede. The applicade decision -making body NOR reWew the information at the public hearing to render a recommendation or a final decal on. PZ-20-7953 01/15/21 (g) So long as the Investor is prevented by injunction issued by any court or by any statutory stay, or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving the Sublessee, from commencing or prosecuting the replacement of the general partner or managing member pursuant to the terms of the Governing Agreement or other appropriate proceedings in the nature thereof, the Investor shall not be deemed for that reason to have failed to commence such proceedings or to have failed to diligently prosecute such proceedings, provided that the Investor use reasonable efforts to contest and appeal the issuance or continuance of any such process, stay or injunction. (h) Notwithstanding anything to the contrary set forth elsewhere in this Sublease, the Sublessor and the Sublessee hereby acknowledge and agree that the Investor shall be deemed a third -party beneficiary of the provisions of this Sublease which specifically grant the Investor rights and/or benefits, including, without limitation, those provisions which entitle the Investor to receive notice and exercise the right to cure. In connection therewith, the Investor may seek any and all remedies available to the Investor in order to enforce such provisions. 19. Miscellaneous. This Sublease shall inure to the benefit of and be binding upon the parties and their respective heirs, executors, legal representatives, successors and permitted assigns. This Sublease is governed by and shall be interpreted in accordance with the laws of the State of Florida. Neither this Sublease nor any provisions hereof or of the Master Lease may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought. 20. Grant of Quiet Enlovment. Sublessee, upon paying the Rent and Sublease Rent and performing in accordance with the terms, agreements, and provisions of this Sublease, shall peaceably and quietly have, hold and enjoy the Demised Premises during the term of this Sublease without interruption, disturbance, hindrance or molestation by Sublessor or by anyone claiming by, through or under Sublessor. 21. Recording. At Sublessee's behest, a Memorandum of this Sublease shall be recorded among the Public Records of Miami -Dade County, Florida, at the sole cost of Sublessee. 22. Sublessor's Covenants. Sublessor hereby covenants to and agrees with Sublessee that during the Term of this Sublease, Sublessor will not (a) amend, modify, cancel or terminate the Master Lease, or exercise any rights of the Sublessor thereunder in any way which materially diminishes the rights or increases the responsibilities of Sublessee, without the prior written consent of Sublessee, which consent may be withheld by Sublessee in Sublessee's sole and absolute discretion, or (b) take any action or omit to take any action which would cause a default in the Master Lease by Sublessor unless such default is caused by the default of the Sublessee hereunder. 57 72 23. Cooperation. Sublessor shall, from time to time, upon request fro execute and deliver or cause to be made, executed and delivered to Sublessee, assurances and other documents as may be necessary or desirable in order to effect complete the purposes and intents of this Sublease. (SIGNATURES APPEAR ON FOLLOWING PAGES) 58 This submittal needs to be scheduled for a public hearing in accordance wAh tmellnes set forth in the City of Miami Code. The applicable decision -malting body NOR renew the Information at the public hearing to render a recommendation or a final decitl on. PZ-20-7953 01/15/21 73 IN WITNESS WHEREOF, the parties or their duly authorized representative execute this Sublease on the date stated at the beginning of this Sublease SUBLESEE: RGC Phase I, LLC, a Florida limited liability company By: Name: Title: Date: Attest: Manager of Manager Corporate Secretary/Notary Public Corpora Online Notary: 0 (Check Box if acknowledgment done by Online Notarization) This submittal needs to be scheduled fora pubic hearing In accordance wAh tmellnes set forth in the City of Miami Code. The appdca de decision -making body NOR resew the Information at the pubic hearing to render a n:commendatl on or a final deeW on. PZ-20-7953 01/15/21 Manager SUBLESSOR: Rainbow Redevelopment, LLC, a Florida limited liability company By: Name: Ma + A. Rieger Title: Date: Attest: Online Notary: 0 (Check Box if acknowledgment done by Online Notarization) ITO INCLUDE ACKNOWLEDGMENT FROM COUNTY APPROVING SUBLEASE' Project No. RFP-01296 ACTIVE 48486805v4 59 74 Signed, sealed and delivered in the presence of: Witness: Print Name: eto 14 crop, Witness: ` V' Print Name: kiikc,16,6 ,��ntiUtarri o� SUBLESSEE: RGC PHASE I, LLC, a Florida limited liability company By: Name: Mat Title: Manager Date: Attest: This submittal needs to be scheduled fora pubic hearing In accordance wAh tmellnes set forth in the City of Miami Code. The appdca de decision -making body NOR resew the Information at the pubic hearing to render a recommended on or a final toeIS on. Corporate Secretary/Notary Public Corporate Seal/Notary Seal ITO INCLUDE ACKNOWLEDGMENT FROM COUNTY APPROVING SUBLEASEI PZ-20-7953 01/15/21 This submittal needs to be scheduled fora public hearing In accordance wAh tmellnes set forth in the City of Mlami Code. The appllca ble decision -making body NOR resew the Information at the public hearing to render a recommendation or a final decIS on. IN WITNESS WHEREOF, the parties or their duly authorized representatives h execute this Sublease on the date stated at the beginning of this Sublease Signed, sealed and delivered In the presence of: Witness: ) Print Name: etc sL) 1041 crop Witness: Print Name: K);I,�n1a5%c1nLV�rr+'o. SUBLESSOR: RAINBOW REDEVELOPMENT, LLC, a Florida limited liability company By: Name: Matthew A 4- ger Title: Manager Date: 3 /0 go 2.0 Attest: Corporate Secretary/Notary Public Corporate Seal/Notary Seal (SIGNATURES CONTINUE ON FOLLOWING PAGES) PZ-20-7953 01/15/21 Project No. RFP-01296 ACTIVE 48486805v4 EXHIBIT "A" TO SUBLEASE ENTIRE LEASED PROPERTY .a LEGAL DESCRIPTION 60 This submittal needs to be scheduled fora pubic hearing In accordance wAh tmellnes set forth in the City of Miami Code. The applicable decision -making body NOR resew the Information at the pubic hearing to render a recommendation or a final decitl on. PZ-20-7953 01/15/21 77 Project No. RFP-01296 ACTIVE 48486805v4 EXHIBIT "B" TO SUBLEASE DEMISED PREMISES PHASE I - LEGAL DESCRIPTION 61 This submittal needs to be scheduled fora pubic hearing In accordance wAh tmellnes set forth in the City of Miami Code. The applicable decision -making body NOR resew the Information at the pubic hearing to render a recommendation or a final decitl on. PZ-20-7953 01/15/21 78 CONSENT BY LANDLORD The undersigned Landlord and fee owner, MIAMI-DADE COUNTY, a political su of the State of Florida, under that certain lease ("Lease") between Florida limited liability company (hereinafter called the "Sublesso and , a (hereinafter called the "Sublessee"), upon the express understanding that: This submittal needs to be scheduled fora pubic hearing In accordance wAh tmellnes set forth in the City of Miami Code. The appdca de decision -making body NOR resew the Information at the pubic hearing to render a recommendation or a final decIS on. PZ-20-7953 01/15/21 1. Nothing contained in the Sublease shall be taken or construed to in any way modify, alter, waive or affect any of the terms, covenants, or conditions contained in the Master Lease with Tenant; and 2. There shall be no further assignment of the Master Lease, except in accordance with the terms and conditions of the Master Lease. Project No. RFP-01296 ACTIVE 48486805v4 MIAMI-DADE COUNTY, a political subdivision of the State of Florida By: Name: Title: Date: Attest: Clerk of the Board Approved as to form and legal sufficiency Terrence A. Smith Assistant County Attorney 62 79 PZ-20-7953 RAINBOW VILLAGE REZONING APPLICATION Documents Index NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the Information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 PAP-01 REZONING APPLICATION PZD-02 PRE -APPLICATION MEETING FORM PZD-03 LETTER OF INTENT -REZONING PZD-04 APPLICATION ANALYSIS PZD-05 EXISTING ZONING MAP PZD-06 PROPOSED ZONING MAP PZD-07 N/A PZD-08-1 EXHIBIT "A" - LEGAL DESCRIPTION PZD-08-02 SKETCH TO ACCOMPANY EXHIBIT A PZD-09 N/A PZD-10 N/A PZD-11 MIAMI DADE COUNTY AUTHORIZATION LETTER MIAMI DADE COUNTY BOARD OF COUNTY COMMISSIONERS - RESOLUTION R-297-20 PZD-12 COMMUNITY OUTREACH PHO-1 REZONE - AREA 2000 NW 3 AVENUE PHO-2 REZONE - AREA 2017 NW 3 AVENUE PHO-3 REZONE - AREA 2022 NW 3 AVENUE PHO-4 REZONE - AREA 2017 NW 3 AVENUE PHO-5 REZONE - AREA 2001 NW 3 AVENUE PHO-6 REZONE - AREA 3 AVENUE AND NW 20 STREET VIEW PHO-7 REZONE - AREA 3 AVENUE AND NW 20 STREET VIEW PHO-8 REZONING AREA AERIAL PHOTO Rainbow Village 2000 NVV 3 AVE - WOW ila 1 -4-Trilfrr ..: ••• il H !Pi; R' 8 1111111 Ill I 1111 footiPlijo. This submittal needs to be schebu led bra public hearing In accordance wi h tmei n. set forth In the City of Miami Cede. The appbca de deelslon-making body will review the Inforrnaton at the public hearing to renter a recommended on or a final decision. Rainbow Village 2017 NVV 3RD AVE This submittal needs to be schedu Led for a public hearing In accordance with t mein. set forth in the City of Miami Cede. The appLica tie declaion-rna king body NOR review the Inforrnaton at the public hearing to render a recommended on or a final decision 1 I1I I iiirti l' { I I 1 I11011 111111'1YfYf ,yl �f at ©20 0 r}r_ioJI. This submittal needs to be schebu led bra public hearing In accordance wi h tmei n. set forth In the City of Miami Cede. The appbca de deelslon-making body will review the Inforrnaton at the public hearing to renter a recommended on or a final decision. 8.1ft ThIs submittal needs to be schebu led bra public hearing In accordance wi h tmei n. set forth In the City of Miami Cede. The appbca de deelslon-making body will review the Inforrnaton at the public hearing to renter a recommended on or a final decision. ©20 0 r}r_ioJI. Rainbow Village 2001 NVV 3RD AVE 4111.111Pw — ©2020 rz,r_irJejle This submittal needs to be schedu Led for a public hearing In accordance with t mein. set forth in the City of Miami Cede. The appLica tie declaion-rna king body NOR review the Inforrnaton at the public hearing to render a recommended on or a final decision Rainbow Village NVV 3 AVE AND NVV 20 ST © 2020 rJr_logle Lf Depi: S.L•ii:e. f:.:eryjr.Eiririer This submittal needs to be schedu Led for a public hearing In accordance with t mein. set forth in the City of Miami Cede. The appLica tie declaion-rna king body NOR review the Inforrnaton at the public hearing to render a recommended on or a final decision 11111111111•1111111MME11111111111 Rainbow Villag NVV 3 AVE AND NVV 20 ST '. 011/111a J. {F1 it it 1111.11,e Iq ©2020 io JI. Legend 2r NOTICE Thls submittal needs to be schedu Led for a public heaing In accordance with mein. setforth In the City of Mlarn Coe The appLica tie tl I -makng bodywlll review the Inforrnaton atth public heaing to render recommended on or afnal decision. PZ 20 7953 01/15/21 Q"v REvr Ew C°' RAINBOW VILLAGE .nikw City of Miami Planning Department LAND USE AN Division of Land Development PRE-APP LAND USE AND ZONING CHANGE PRE -APPLICATION MEETING File ID No.: TBD Monday, July 27, 2020 Attendants: This submittal needs to be scheduled for a public hearing In accordance whh Idmatinee set forth in the City of Miami Code. The appli®Lie decision -ma Iona body will review the Information at the public hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Name Email Telephone number Signature 1.Sergio Garrido sgarrido@miamigov.com 305-416-1405 a h Garrido, Sergio o,;`;;oSos7;,°;a,d`4a"= 2.Marissa A. Neufeld neufeldm@gtlaw.com 305-579-0825 / -- 3.Elon Metoyer elonm@htgf.com 305-860-8308 E I o n Digitally elynod by Elva Metoyer DN: cn=Eton Metoyer, c=US, o=Housing Trust Group, 4.Jordan Finkelman jordanf@htgf.com 786-347-4520 ou=Development, Metoyer omaela 020.07©htg16c1347eed'00' 5. Jordan °„=,og tia Pe fi �?. Properties involved: 1. 2000 NW 3 Ave 4. 7. 10. 13. 2. 5. 8. 11. 14. Finkelman Patel 20 0.07 P8 16':24.. pis04,CCOmont 3. 6. 9. 12. 15. 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. Regional Activity Center: Buena Vista Yards or Health District 13. An Arch. or Environmental Protected Area: No Regional Activity Center (DHRAC) No (*): Confirmation needed LU & ZC Pre-app form 6-25-2020 Page 1 of 8 City of Miami Planning Department LAND USE AN Division of Land Development PRE-APP General Information Applicant /Property Owner: Housing Trust Group, LLC Contact Info: Owner Representative: Ryan D Bailine Contact Info: bailiner@gtlaw.com Marissa A. Neufeld neufeldm@gtlaw.com Commission District: D-5 (Commissioner Keon Hardemon) NET District: Overtown NET Area This submittal needs to be scheduled for a public hearing In accordance whh Idmatinee set forth in the City of Miami Code. The appli®Lie decision -ma long body will review the Information at the public hearing to render a recommended on or a final decla on. CORRESPONDENCE TABLE — ZONING AND COMPREHENSIVE PLAN PZ-20-7953 01/15/21 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 dulac 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 8 \\:::‘, lapgsta Request — Summary City of Miami Planning Department Division of Land Development LAND USE AND ZONING CHANGE PRE -APPLICATION MEETING # Folio No. /Address Lot Size (sq. ft) FLU designation Zoning classification Existing Required Existing Proposed 1 0131250630020 / 2000 NW 3 Ave 451.692 Medium Density Restricted Commercial Medium Density Restricted Commercial T4-L (General Urban Transect Zone - Limited) T5-0 (Urban Center Transect Zone -Open) Sub -Total and Total per request 451,692 Note: When Lot size are different from the Survey, the information provide in the Survey will prevail. LU & ZC Pre -a City of Miami Planning Department Division of Land Development ANALYSIS FOR CODE COMPLIANCE Compliance with Section 7.1.2.8 (a) The rezoning requested complies with LAND USE AND PRE-APPL This submittal needs to be schedu lel for a public hearing In accordance with timelines set forth in the City of Miami Code. The appll®de decIsion-mahing body will rodew the information at the public hearing to render a recommendation or a final decia on. PZ-20-7953 01/15/21 Criteria Yes No Is the rezoning proposed to a lesser Transect Zone? 0 Is the rezoning proposed within the same Transect Zone to a greater or lesser intensity? a Is the rezoning proposed to the next higher Transect Zone,? 0 Is the rezoning proposed through a Special Area Plan? 0 TRANSECT ZONE FLR SUCCESSIONAL ZONE FLR T1 - T1 -- T2 -- N/A -- T3 -- T4, CI -- T4 -- T5, CI -- T5 -- T6-8, CI 6 T6-8 5 T6-12. CI 8 T6-12 8 T6-24a, CI 7 T6-24a 7 T6-24b, T6-36a. CI 16 T6-24b 16 T6-36a, CI 12 T6-36a 12 T6-60a, CI 11 T6-48a 11 T6-60a, CI 11 T6-60a 11 T6-60b, CI 18 T6-48b 18 T6-60b, CI 18 T6-36b 22 T6-60b, CI 18 T6-60b 18 N/A, CI -- T6-80 24 N/A, CI -- CI -- Abutting Zones CI -HD 8 T6-24 7 D1 -- T6-8*, T5, CI, D2 5 (T6-8)* or -- all others D2 -- D1, CI -- D3 -- T6-8L, T6-8 0, CI -- * The Planning Department shall make a recommendation as to which Transect Zone will yield the most coherent pattern given the established zoning pattern and context in the immediate vicinity City of Miami Planning Department LAND USE AND Division of Land Development PRE-APPL 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 NOTICE This submRtal needs to be scheduled for public hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca o decision -ma Iona body will review the information at the public hearing to render a recommendation or a final decia on. PZ-20-7953 01/15/21 ® ❑ 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 Attachments Compliance [PZD-3] Signed Letter of Intent Yes* [PZD-4] Application Analysis Yes* [V-1, V-2, V-3, and so on...] Survey Yes [PHO-1, PHO-2, and so forth...] Context Photos No [PZD-5] Existing Zoning Map Yes* [PZD-6] Proposed Zoning Map No [PZD-7] List of All Folio Numbers Yes* [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 8 City of Miami Planning Department Division of Land Development Questions / Comments: LAND USE AND PRE-APPL 1. LOI to include information of the existing developments and the proposal awarded by Miami This submittal needs to be scheduled for a public hearing In accordance with timelines set forth in the City of Miami Code. The applies de decision-mahing body will review the information at the public hearing to render a recommendation or a final decM on. PZ-20-7953 01/15/21 2. Consider to include analysis of the 11000 Z.O and expand the Comprehensive Plan FLU analysis to t e adjacent properties 3. The proposed development will request any of the benefits of Section 3.15 for Affordable Housing in the portion abutting T3? 4. 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 its recommendation, but the boards will. 5. 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 6. Is the surrounding neighborhood an stable residential area or is a changing area? 7. Staff recommends to reach out the NET Office and the neighbors regarding the proposed rezoning and provide the city with the feedback received. 8. 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). 9. Elaborate in the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary. 10. If the request involves a Density increase, tha application must contain a School Concurrency form properly filled and signed by the Applicant. 11. Be sure to comply with the Naming Convention for your application(s), as provided in the attached Checklists for Comprehensive Plan Amendment and Rezoning. LU & ZC Pre-app form 6-25-2020 Page 6 of 8 City of Miami Planning Department Division of Land Development Miami 21 LAND USE AND PRE-APPL This submittal needs to be scheduled for a public hearing in accordance whh timelines set forth in the City of Miami Code. The applicade decision-mahing bcdywill rewew the information at the public hearing to render a recommendation or a final decision. PZ-20-7953 01/15/21 LU & ZC Pre-app form 6-25-2020 Page 7 of 8 City of Miami Planning Department Division of Land Development 11000 Zoning Ordinance R3: 65 DU/acre NW 70TH S m NW 19T191.N LAND USE AND PRE-APPL This submittal needs to be scheduled for a public hearing In accordance with bmellnee set forth in the City of Miami Code. The appll®de decision-mahing body Nall[ review The Intonnativn at the public hearing to render a recommended on or a final decia on. LU & ZC Pre-app form 6-25-2020 Page 8 of 8 PLEASE REFER TO LETTER OF INTENT FOR REZONING APPLICATION in This submittal needs to be scheduled bra pubic hearing accordance veil timelines set forth in the City of Miami Code. The appli®de decision -making body will resiew the intonation at the pubic hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 EXISTING ZONING MAP City of Miami Planning and Zoning T6-12-0 NVQ 21 ST-THR— SEOPW Cont. Rechr. Plan August 13, 2020 NW 201H ST 0 0 NOTICE This submittal needs to be schebu led bra public hearing in accordance wiM timelines set forth in the City of Miami Cede. The appllca de tlecislon-making bratly will renewthe Information at the public hearing to render a recommendation or a final decision. PZ-20-7953 1:2,257 105 210 I 30 60 NW 2 t S T ST fry r . 420 ft r t I I 120 m City of Miami, Information Technology Department, GIS Team© 2017 City of Miami, Department of Innovation and Technology, Planning Department, GIS Team © 2020 City of Miami Planning and Zoning PROPOSED ZONING MAP City of Miami Planning and Zoning PROPOSED .1 ZONING T5-O SEOPV4 Cont. Redv. Plan August 13, 2020 NOTICE This submittal needs to be schebu led bra public hearing In accordance wilt timelines set forth in the City of Miami Cede. The appllcade deelslon-making body will renew the Information at the public hearing to render a recommended on or a final decision. 1:2,257 0 105 210 f t I 0 30 60 PZ-20-7953 01/15/21 L. NW21STST NV) 20 -T H TER Nn! 420 ft r t I I 120 m City of Miami, Information Technology Department, GIS Team © 2017 City of Miami, Department of Innovation and Technology, Planning Department, GIS Team © 2020 City of Miami Planning and Zoning r SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 LE —MAIL: surveys@pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 NOTICE This submittal needs to be scheduled fora pubic hearing In aaordanre whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the Information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 r LEGAL DESCRIPTION: TRACTS 2 AND 3 OF TOWN PARK SUBDIVISION N0. 1, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 85, PAGE 31, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND TRACT 22 OF TOWN PARK SUBDIVISION N0. 6, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 91, PAGE 88, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. NOTES: 1) BEARINGS ARE BASED ON AN ASSUMED MERIDIAN WITH THE NORTH LINE OF TRACT 2 BEING N87°47'14"E. 2) THIS SURVEY SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4) ALL RECORDED DOCUMENTS ARE PER THE PUBLIC RECORDS OF MIAMI-DADE COUNTY. 5) THIS SITE IS CURRENTLY ZONED T4-L. PROPOSED ZONE T5-0. F• ILE: HOUSING TRUST GROUP SCALE: N/A I DRAWN: L.S. ORDER NO.: 67520 DATE: 8/13/20 REZONING SKETCH MIAMI, MIAMI-DADE COUNTY, FLORIDA FOR: RAINBOW VILLAGE P SHEET 1 OF 2 John F Pulice THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 Digitally signed by John F Pulice Date: 2020.08.20 11:39:35 -04'00' ❑ JOHN F. PULICE, PROFESSIONAL SURVEYOR AND MAPPER LS2691 ❑ BETH BURNS, PROFESSIONAL SURVEYOR AND MAPPER LS6136 ❑ VICTOR R. GILBERT, PROFESSIONAL SURVEYOR AND MAPPER LS6274 ❑ DONNA C. WEST, PROFESSIONAL SURVEYOR AND MAPPER LS4290 r STATE OF FLORIDA r SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 LE —MAIL: surveys@pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 LC) NW 21ST z TERRACE NO2°10'05"W 35.2 NW 22ND STREET SOUTH RIGHT—OF—WAY UNE R=25.00' CA=89°57'16' A-39.25' NO2° 10'38"W 39.44' A C=48°1134 I' S02°12'39"E S87°45'25"W CA A=63.08' 10.00' 139.91' S8745'25"W 335.03' l� \ NOTES: 1) THIS SURVEY SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY. LEGEND: R RADIUS CA CENTRAL ANGLE A ARC LENGTH 1— 0 2 1- z R=25.00' CA=89°59'50" A=39.27' TRACT 1 "TOWNPARK" SUBDIVISION 1 U.R. PROJECT FLA. R-10" PLAT BOOK 85, PAGE 31 \') NORTH UNE' V TRACT 3 N8747'14"E 746.86' N87°44'54"E 290.49' r NORTH UNE/ TRACT 22 ceNei-u8 T U.R. PROJECT FLA. 8 <cm Lo z �1- °N OJ O 1--0- z = NORTH UNE TRACT 2 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the Information at the pubc hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 R=25.0017, CA=89°54'31" t A=39.23' TRACT 2 "TOWNPARK" SUBDIVISION 1 U.R. PROJECT FLA. R-10" M N PLAT BOOK 85, PAGE 31 O N N z irSOUTH LINE I TRACT 3 W TRACT 22 "TOWNPARK SUBDIVISION 6 SOUTH LINE TRACT 22 SOUTH UNE TRACT 2 S0Z 19'02"E 709.72' TOTAL FILE: HOUSING TRUST GROUP NORTH RIGHT— OF—WAY UNE SCALE: 1"=150' I DRAWN: L.S. ORDER NO.: 67520 DATE: 8/13/20 REZONING SKETCH MIAMI, MIAMI-DADE COUNTY, FLORIDA FOR: RAINBOW VILLAGE S8744'52"W 588.29' NW 20TH STREET NW21ST STREET NW 20TH TERRACE R=25.00' CA=90°04'08" A=39.30' I 4 SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 Digitally signed by John F John F Pulice PulDate: Date: 2020.08.20 11:41:28 -04'00' ❑ JOHN F. PULICE, PROFESSIONAL SURVEYOR AND MAPPER LS2691 ❑ BETH BURNS, PROFESSIONAL SURVEYOR AND MAPPER LS6136 ❑ VICTOR R. GILBERT, PROFESSIONAL SURVEYOR AND MAPPER LS6274 ❑ DONNA C. WEST, PROFESSIONAL SURVEYOR AND MAPPER LS4290 L. STATE OF FLORIDA NOTICE This submittal needs b be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Ccde.The applica de decision -making bcdy will review the information at the pubs hearing le render a recommendation or a final decision. COUNTY Miami -Dade Public Housing and Community Development Redevelopment of Rainbow Village and Gwen Cherry 23C Resident Engagement Process December 2018 www.rainbowvillagegwencherry23c.com orrt OF NOTICE This submittal needs to be scheduled fora puboc hearing In accordance wkh timelines set forth in the City of Miami Code. The appLIca decision -making body will redew the Information at the pubec hearing to render e recommended on or a final decla on. COUNTY Miami -Dade Public Housing and Community Development Facilitators: Charesse Chester (Creativision MEDIA) Irby McKnight Ralph Rosado, PhD, AICP (Rosado & Associates) Public Housing & Community Development (PHCD) Michael Liu, Director Jorge Cibran, Development Division Director Jose A. Rodriguez, Development Division Manager Jorge Orol, Construction Manager II Karen Arndt, Construction Manager II This submittal needs to be scheduled for a pubdc hearing in accordance with timelines set forth in the city of Miami Code.The applica de decision -making bodywill renew the intonnation at the pubdc hearing to render a recommendation or a final decision. COUNTY Miami -Dade Public Housing and Community Development We'd like to thank everyone that participated by attending at least one meeting during the engagement process. Leoney Kemp Pat Shirley Joane Wilson Doris Dowell Carmela Jones Jackie Grant Henrietta Young Withney Dorange Eddie B. Stewart Marian Johnson Teeshawn C. Jackson Paulette F. Jackson Louzi Metayer Drucilla Brown Jessica Polhill Robin Palizzotto Margareth Jocelyn Zephania Cambel Terry Boreman Irma Bradford Jerelean Gibson Stephanie Van Vark Latasha Gibson David Wilson Keith Caswell Roy Hardemon Richard Berry Micheal Miller Tela Williams Tanya Walker Sharon Green Charles Scott Tara Peek Telisa Harper PZ-20-7953 01/15/21 Rubin Young Paula Roberts Antrice Mckinny Jackson Kareem Williams Jacqueline Easterling Xiomara Luna Francis M. Garcia Mark Marine Derek Cole Resident Engage TABLE OF CONTENTS NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will rodew the Information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 1.1 EXECUTIVE SUMMARY 2.1 SUMMARY OF MEETING 1 .5 2.2 PRESENTATION OF MEETING 1 11 2.3 SUMMARY OF MEETING 2 .15 2.4 PRESENTATION OF MEETING 2 .23 2.5 SUMMARY OF MEETING 3 41 2.6 PRESENTATION OF MEETING 3 46 3.1 PEN -TO -PAPER EXPLANATION 66 3.2 COMMUNITY FEATURES (PUBLIC SAFETY IMPROVEMENTS) .68 3.3 COMMUNITY FEATURES (OTHER BUILDING COMPONENTS) 70 3.4 COMMUNITY FEATURES (EXTERIOR ITEMS) 72 3.5 COMMUNITY FEATURES (EXTERIOR SPACES) 73 3.6 UNIT AMENITIES (OVERALL AND KITCHEN) 75 3.7 UNIT AMENITIES (BEDROOM, BATHROOM AND ASSORTED) 76 3.8 MISCELLANEOUS ITEMS .77 3.9 PEN -TO -PAPER: TABLE 1 .78 3.10 PEN -TO -PAPER: TABLE 2 81 3.11 PEN -TO -PAPER: TABLE 3 83 3.12 PEN -TO -PAPER: TABLE 4 86 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C Resident Engage PU$o 4.1 SUMMARY OF MEETING 4 4.2 SUMMARY OF MEETING 5 4.3 PRESENTATION OF MEETING 5 4.4 SUMMARY OF MEETING 6 4.5 PRESENTATION OF MEETING 6 .135 G 0 t a. NOTICE LIST OF APPENDICES This submittal needs to be' scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will roldew the Information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 44, 4 Rf V! EW COv" 129 Appendix A: Flyers/Meeting Invitations/Sign-in Sheets/ Comment Cards Etc. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C Redevelopment of Rainbow Village and Gwen Cherry 23C Public Engagement Process 1.1 Executive Summary NOTICE This submittal needs to be scheduled bra puboc hearing In aaordancc whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will rodew the information at the pubc hearing to render e recommended on or a final decla on. From April through September 2018, Miami -Dade County Public Housing and Co Development (PHCD) invited residents of Rainbow Village and Gwen Cherry 23C to participate in a public engagement process aimed at eliciting their input on the redevelopment plan for these public housing developments. This included a total of six (6) meetings: five (5) weeknight meetings and one (1) Saturday morning Pen -to -Paper session that allowed residents to write, draw, and present orally their preferences for the project. PZ-20-7953 01/15/21 In order to facilitate the meetings, PHCD retained a facilitation team that consisted of: Creativision Media; Rosado & Associates, and Overtown resident Mr. Irby McKnight (collectively known as the "facilitation team"). The information gathered in the resident meetings is included in the Request - for -Proposals (RFP) document used to publicize to the development community, the opportunity to redevelop the sites. This Report details the public engagement process and the resulting recommendations. Background on Rainbow Village and Gwen Cherry 23C Rainbow Village and Gwen Cherry 23C have been part of the Overtown community for several decades. A number of facts about the sites were established at the kickoff meeting and reiterated throughout the process: • Rainbow Village was built in 1970; it has 100 public housing units. • Gwen Cherry 23C was built in 1973; it has 36 public housing units. • The site on which the units are located is 10.39 acres in total size. • Pursuant to RFP #794, the Board of County Commissioners awarded redevelopment of Rainbow Village to Biscayne Housing Group, LLC. & Gwen Cherry 23C to New Rainbow Community, LLC, on November 15, 2011 (Resolution R-1026-11). • Developers were unable to secure funding to proceed with redevelopment. Redevelopment Fundamentals Beginning with the first public meeting to discuss the redevelopment process, residents and the public were informed of certain key aspects of the project, including: • Redevelopment will include no fewer than 136 public housing units (minimum one -for -one replacement). • New units will be larger than existing units. • Public housing residents will be able to return to a public housing unit in the new redevelopment. • Current City of Miami Land Use for the site is T4-L (Limited), which allows 36 units/acre, with a current maximum building height of 3 stories. • Redevelopment will be mixed -income and with different housing types (public housing, affordable, workforce, market -rate, and homeownership). • The redevelopment project is moving forward at this time due to several funding factors that have emerged: On March 22, 2018, the federal budget was approved; HUD has lifted the cap on projects that can be submitted for the Rental Assistance Demonstration (RAD) Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 1 program, which will assist in redevelopment of public housing projects; tax cr were approved which continue to provide a major portion of redevelopm Southeast Overtown/Park West CRA has committed funding to the project; available from the Opportunity Zones CDFI Fund. Meeting Schedule and Format NOTICE This submMal needs to be scheduled fora puboc hearing in accord ance wRh timelines set forth in the City of Miami Code. The appLI alie decision -making body will review the Information at the pubec hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 Various meetings were held in order to provide residents and other stakeholders wi information about the redevelopment process as well as to obtain input regarding the project. Meetings were held on the following dates and times and covered the following topics: • Meeting #1 - Monday, June 7, 2018 - 6pm - Kickoff Meeting • Meeting #2 - Monday, June 18, 2018 - 6pm - Housing Types/Community Features/Unit Amenities/Exterior Spaces • Meeting #3 - Monday, September 10, 2018 - 6pm - Public Safety/Community Services/ Economic Development • Meeting #4 - Saturday, September 15, 2018 - 8am-noon - Pen -to -Paper Session • Meeting #5 - Tuesday, October 9, 2018 - 6pm - Funding Sources and Programs/Initial Review of Draft RFP • Meeting #6 - Monday, October 29, 2018 - 6pm - Funding Sources and Programs/Final Review of Draft RFP All meetings were held at the Culmer Community Action Center, located at 1600 NW 3rd Avenue, in Miami's Overtown neighborhood, except for the June 7, 2018 meeting which was held at the Overtown Performing Arts Center. Meeting Format Upon arriving at each of the meetings - with the exception of the Pen -to -Paper Session, which is described below — residents and other members of the public received blank comment cards and pencils. The facilitation team and/or members of the PHCD staff would spend the first part of the meeting presenting information about the redevelopment project to the audience by using PowerPoint presentations; each of the presentations is included in Appendix A of the report. Following the presentations, the facilitation team would collect any comment cards that had been filled out and would then proceed to answer orally to the full audience any questions or address any comments made on the cards. Copies of all comment cards are included in the Appendix to this report. Additionally, copies of all meeting agendas, PowerPoint presentations, comment cards, meeting summaries, and meeting notifications are uploaded weekly at a website (www.rainbowvillagegwencherry23c.com/) specifically created to document the process. Meeting Notification Protocol Residents of Rainbow Village and Gwen Cherry 23C were notified about each of the meetings in writing approximately 5 days prior to each meeting, via flyers hand -delivered to their homes. Copies of all notices are included in the Appendix to this report. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 2 Pen -to -Paper Session On Saturday, September 15, 2018, from 8am to noon, a Pen -to -Paper Session three (3) meetings directed at providing information about the redevelopme meeting was designed to elicit the thoughts and preferences of the reside stakeholders. The day was divided into two parts: (1) During the first part of the day, participants were asked to roam the room. Throughou room eight visual boards were taped to the walls, each with a series of images that corresponded to the categories Housing Types, Community Features, Exterior Spaces, Public Safety, and Community Services/Economic Development. Using green and red adhesive strips, participants could visually indicate what types of images they "liked" for the redevelopment project (using green adhesive strips) and which they "disliked" for the project (using red adhesive strips). Participants were then asked to discuss at their table what they liked or disliked and why. Each of the four tables had an FIU by Design Architecture student to help facilitate the discussions. NOTICE This submittal needs to be scheduled bra puboc hearing in accordance with timelines set forth in the City of Mlaml Cotle. The applicable decision -making body will rewewthe information at the pubc hearing to render a recommendation or a final decla on. PZ-20-7953 01/15/21 (2) During the second part of the day, each of the four tables of participants in the room selected a spokesperson or spokespersons, and each of those took turns using a microphone to present their "likes" and "dislikes" to the rest of the room. Spokespersons also presented one or more potential site plans for the redevelopment project. Preferred Items Residents expressed a number of common requests. These include: Community Features for the new buildings as well as a series of requests for the exterior areas of the properties; Unit Amenities for the new residential units; Public Safety Improvements, and Miscellaneous Items, including local hiring, among others. Residents and other stakeholders demonstrated support for a number of components for the building(s) to be built as part of the redevelopment project. Among the most favored community features are a community room that would house meetings and other activities, as well as an exercise gym. Participants supported the inclusion of a computer lab that residents could access, and also stressed support for assigned parking and plentiful guest parking. The idea of having a restaurant or daycare on the ground floor of any buildings on -site faced some support. Participants also revealed enthusiasm for various community features for the common or public areas exterior to the building(s). The more popular items included a play area, a pet park, and an on -site pool. In terms of unit amenities for the inside of individual residential units, participants also expressed considerable agreement for a number of potential amenities. Multiple requests were made for larger apartment units with more spacious living areas and in -unit washer -dryer combination units if possible. Other popular items included balconies, central air conditioner units, gas water heaters and appliances, better quality flooring, and more storage space. Enhanced safety and security emerged as important concerns. Participants frequently mentioned a number of public safety improvements. These included security cameras throughout the building(s), motion sensor lights around the perimeter of any structures, and key fob or card entry mechanisms as a way to regulate access to the building(s) and to the parking lot(s). Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C Participants also requested impact windows for their individual residential u brighter lighting. Additionally, participants frequently expressed support for items, including more regular maintenance, of both the inside common a perimeter of the property as well as stricter regulations for tenants. Draft RFP NOTICE This submittal needs b be scheduled fora puboc hearing ercordance whh timelines set forth in the City of Miami Cede. The applicade decision -making body will review the Information at the pubdc hearing to render a recommendation or a final decision. PZ-20-7953 01/15/21 After the Pen -to -Paper Session, facilitators tabulated and assessed the following in order to come up with a final list of items to include in the Draft RFP: • How much participants "liked" various items (based upon the green adhesive strips on the images as well as upon the verbal and written presentations from each table), and • How much participants "disliked" various items (based upon the red adhesive strips on the images as well as upon the verbal and written presentations from each table). In addition, PHCD analyzed the effect that each item might have on the financial and design characteristics of the redevelopment project. As a result, of those items that were proposed by a plurality of the residents in attendance at the Pen -to -Paper session, 36 items were incorporated as requirements of the Draft RFP. Meetings 5 and 6: Redevelopment Funding Sources and Programs The focus of meetings 5 and 6 in particular was to discuss redevelopment funding sources and programs, which included Rental Assistance Demonstration (RAD), Florida Housing Finance Corporation (FHFC) funding sources, County and local funding sources, Federal Home Loan Banks, Opportunity Zones, and other funding sources. Remainder of This Report This report documents the public engagement process, including information related to each meeting conducted, such the meeting agendas, the PowerPoint presentations, all comment cards received, meeting summaries, meeting notifications, and final "DRAFT" version of the RFP. Residents were advised that additional review and evaluation of the Draft RFP, including by the County Attorney's Office and District Commissioner, would be done prior to finalizing and issuance of the Draft RFP. Next steps were also discussed for issuance of the Draft RFP, developer selection, and award process. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 4 ,gyp PUBL/c • NOTICE This submittal needs b be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Ccde.The applica de decision -making bcdy will review the infonnaion at the pubc hearing to render a recommendation or a final decision. COUNTY Kick -Off Meeting #1 June 7, 2018 M IAM I•D,ADE COUNTY COUNTY 2.1 MEETING SUMMARY Meeting Date: June 7, 2018 (Thursday) Project: Redevelopment of Rainbow Village and Gwen Cherry 23C Miami -Dade Public Housing and Community Development Subject: Resident Meeting #1 NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubc hearing to render. recommended on or a final decla on. Time: 6:00 PM — PZ-20-7953 01/15/21 Meeting Location: Overtown Performing Arts Center, 1074 NW 3rd Ave, Miami, FL 33136 Attendees: See Sign -in Sheet at the End of this Document OVERVIEW: The purpose of this meeting was to present the public housing project and address questions/concerns from the Rainbow Village and Gwen Cherry 23C residents. The meeting was held on Thursday, June 7, 2018, at the Overtown Performing Arts Center, 1074 NW 3rd Ave, Miami, FL 33136 II. WELCOME: Mr. Irby McKnight, a co -facilitator and community liaison welcomed the residents and gave the invocation. Mr. McKnight welcomed the public and recognized Miami -Dade County Commissioner Audrey Edmonson (District 3). Mr. McKnight also introduced the members of the Miami -Dade Public Housing Community Development (PHCD) team, Michael Liu (Director) and Jorge Cibran (Development Division Director). Mr. McKnight introduced the meeting co -facilitator Dr. Ralph Rosado (Rosado and Associates). Before his presentation, Dr. Rosado stated to residents that PHCD staff members were available to respond to any questions related to their units. III. MEETING DISCUSSION HIGHLIGHTS Dr. Ralph Rosado welcomed the residents and then shared the following points: Project History • Rainbow Village was built in 1970, and Gwen Cherry 23C was built in 1973. These buildings are 50 years old. The building deteriorated, but, most importantly, they weren't built as well as they could have been. • Pursuant to RFP #794, the Board of County Commissioners awarded redevelopment of Rainbow Village to Biscayne Housing Group, LLC. & Gwen Cherry 23C to New Rainbow Community, LLC, on November 15, 2011 (Resolution R-1026-11). A Request for Proposal (RFP) allows the government to purchase goods and/or services by advertising questionnaires for developers to respond to. In this case, they asked developers to express their interests in redeveloping the sites. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 5 Redevelopment of Rainbow Village and Gwen Cherry 23C Resident Meeting #1 Developers proposed a design, number of units, and fundi • The awarded developers were unable to secure funding to pr redeveloping the units, everything has been stalled for years. point where we can proceed. Any redevelopment company can the project. This submittal needs to be scheduled bra puboc hearing In aaordancc whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review The information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 • Over the next few months, we will conduct a series of meetings to review the interior and exterior designs of the buildings. We want to make sure it reflects the wishes of the community. We are currently picking dates and locations for the next meetings. Why Now? • On March 22, 2018, the federal budget was approved. This makes a big difference for projects depending on HUD funding as it guarantees a key funding source. • HUD has lifted the cap on projects that can be submitted for the Rental Assistance Demonstration (RAD) program, which will assist in redevelopment of public housing projects. This program will allow redevelopment of projects across the country. • Tax credit allocations were approved to provide a major portion of redevelopment funding. If a developer wants to pursue this tax credit for this project, they are able to do so. It's another reason for growing interest in redeveloping the projects as they are financially feasible. • Funding from the Southeast Overtown/Park West Community Development Agency (CRA) has committed to help fund the project. • Approval by Governor Rick Scott of Opportunity Zones (Tax Cuts and Jobs Act) including Census Tract 31, which includes Rainbow Village and Gwen Cherry 23C. It states that certain zip codes can access tax advantages, so it's possible to complete projects within the area of Rainbow Village and Gwen Cherry 23C. Resident Engagement: • HUD's regulations, as they pertain to public housing, include 24 CFR 970.7, general requirements for HUD approval of a PHA demolition/disposition application: HUD must approve demolition/disposition applications prior to redevelopment. We are required to conduct meetings, present information to the residents, and get your feedback. At each meeting, we will distribute note cards for you to write your questions and/or comments. We will answer your questions at the meeting. We will follow this process at each of the meetings. The presentation and the note cards will be placed on the project website, so if someone misses a meeting, they can review the topic, questions, and responses. Resident engagement is also required prior to redevelopment: "PHAs must consult with residents who will be affected by the proposed action with respect to all demolition or disposition applications." • All public housing residents will be able to return to a public housing unit in the new redevelopment (one -for -one replacement of 136 existing PH units). Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 6 Redevelopment of Rainbow Village and Gwen Cherry 23C Resident Meeting #1 • PHCD commits to include 136 public housing units on the sit number of units that we have today. There may be more units will not decrease below 136. The old buildings will be remove for a new development. They will be better quality buildings an amenities. If anyone wants to return to the site, they can return Project Feasibility Considerations: Multiple factors must be evaluated and considered to make a redevelopment project viable: Resident Input • Everything will be done with your input. Whenever we receive a call or suggestion, we make a note and place it on the website; the question as well as the answer. The same thing with any questions asked here, in writing, or by email. This submittal needs to be scheduled for a pubic hearing In accordance with timelines set forth in the City of Miami Cede. The applica o decislon-ma Xing body will resew the information at the pubic hearing to render a recommendation or a final dada on. PZ-20-7953 01/15/21 Building Code and Zoning Requirements • Size of the project site (approx. 10.39 acres) and best use of allowed density • Open space, parking, driveways, interior roads, building footprints, setbacks, etc. • After Hurricane Andrew, the buildings codes have changed to ensure that buildings can sustain hurricane force winds. Buildings today are built stronger to protect residents during a heavy storm. • Zoning means that this project is within the City of Miami. There are different things that are allowed for that site. Same code requirements apply as any other property within city limits. • We need to make sure to have open space on the site. There must be space for trees and landscaping. We also need to ensure adequate parking is available. • Additional interior roadways, so it can be easier to enter and exit of the property. HUD Regulations • There are a series of rules and regulations that must be followed. Funding, Financing, and Market Considerations • Mixed -income development with different housing types (public housing, affordable, workforce, market -rate, and homeownership) • Higher market -rate housing can help support things in the community that everyone can enjoy. With more people in the area, it can attract more economic development. • When someone responds to the RFP, we ask how much money they are bringing to the project. This wouldn't be paid for by the Miami -Dade County, PHCD, or the CRA. Every entity must contribute funding. This project will be managed by a private developer who will bring the ideas as well as the funding sources for PHCD to consider. We want to make sure projects don't fall apart again. • One thing to be discussed in future meetings is homeownership workshops and counseling. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 7 Redevelopment of Rainbow Village and Gwen Cherry 23C Resident Meeting #1 Crime Prevention Through Environmental Design (CPTED) Str • The idea behind this is that there are ways to design homes to mak for someone to commit a crime. This submittal needs to be scheduled bra puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will reWewthe information at the pubec hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 • It can mean bigger windows to make sure that people can see outside. A series of design considerations will be discussed in future meetings. Community Input • We hope to hear from residents of Rainbow Village and Gwen Cherry 23C about the proposed redevelopment. • Please fill out an index card so that your questions and comments can be answered. If we run out of time, the questions will be answered at the next meeting. • Don't hesitate to contact Charesse Chester with any additional questions or comments you might have, at 305-944-7564 or cchester@creativisionmedia.com. Dr. Rosado's complete presentation is attached to this document. SUMMARY OF QUESTIONS AND CONCERNS (All questions were addressed by Development Director Jorge Cibran except where noted.) This section provides an overview of the questions received during the meeting. Copies of the written questions received are included at the end of the summary. Q: (Resident) During the project where will the residents reside? A: As with other projects, this project will follow a phased approach. We can start building in one area, so there's limited impact to residents. Again, this is just a concept. The developers may also propose their ideas as part of the project. Q: (Resident) Will all residents be able to move back or a select few? A: Yes, the residents will be able to move back into the development. That's why we've committed to one -for -one replacement to ensure every resident can move back in to the development. Q: (Resident) When will this project begin? A: It begins today. This series of meetings is the first step. Once the engagement process is complete, we will share the actual proposal that will go out to the developers for responses. You will have a chance to provide feedback on each element of the project. The engagement process will include a pen -to -paper session that Dr. Rosado will describe shortly. You will have an opportunity to see on paper what is going to be proposed to the developers. You can make your comments, and then we will have a second meeting to make sure all comments were properly incorporated into RFP. Dr. Ralph Rosado: We will have a few of these meetings on weeknights and a pen -to -paper session on a Saturday. We will set up tables in a room, and an architect will draw what you envision for the interior and exterior of the project. We will also talk about the Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 8 Redevelopment of Rainbow Village and Gwen Cherry 23C Resident Meeting #1 exterior of the unit, landscaping, and anything else you think we shoul will also look at shopping or dining areas as a possibility as well. The about turning it over to you to get your input. We will incorporate the re RFP. If the developer is interested, he will have to look at the communi report and include in the response. This submMal needs to be scheduled for a public hearing In accordance whh tlmelines set forth in the City of Miami Code. The apptica decision-mahing body will rexewthe information at the public hearing to render a recorturendat on or a line l decal on. PZ-20-7953 01/15/21 Jorge Cibran: I don't want to give the impression that this is going to take a few m. i is going to take a little bit longer. We're going to have this engagement process, followed by the request for a proposal that is reviewed by the Miami -Dade County Attorney's Office and Commissioner Edmonson. Next, the developers review and respond with a proposal, then it goes through a selection process. It's going to be a long while, but the most important thing to note is that the process is now moving. The funding is now available to make these projects happen for the residents. Q: (Resident) What is the difference between redevelopment and renovation or redevelopment or remodeling? A: Renovation or remodeling is basically taking the existing buildings that are available and making them newer, bringing them up to code. Redevelopment can include new construction or rehabilitation of the existing building. It makes the best sense to build brand new units that are designed to code with impact windows, impact doors, state-of-the-art plumbing system, camera systems, and all the amenities that didn't exist 50 years ago for this project. Neil Shiver (Executive Director, Southeast Overtown/ Park West CRA): First, I want to look at the Overtown Performing Arts Center (OPAC). It is an adopted new use of an old structure. There's a state-of-the-art kitchen downstairs. See this beautiful room; this is your facility. This is one of the many projects that the CRA has funded. First, one thing is I speak on behalf of the CRA. Commissioner Edmonson, I don't think you get enough credit for your commitment to this industry and this community. I want to start there first. Let me tell you why it makes so much sense for the CRA to support this project. First and foremost, you can see the changes in Overtown. If you drive down 1-195, you can see the new housing development. This community is emerging folks from social and economic difficulty, and we don't want to lose anyone during the process. As housing costs rise in this community, we want to ensure that folks can participate in this transformation. Our mission is to improve the quality of life for Overtown residents. Q: (Resident) Will the qualifications to move back in be the same? A: Yes, basically there's public housing there now. Once it's redeveloped it will remain public housing. The same standards for the residents that apply to public housing will also apply to the new redevelopment. Commissioner Edmonson: Good evening, I just wanted to thank everybody for coming out. What I would like to see is more things being done where you will be proud to call it home; proud to bring friends over. This will be public housing, mixed -use affordable housing, workforce housing, and market -rate development. You won't only have public housing here; everybody will be mixed together the way the old Overtown used to be for the community. Please don't let someone else come to these meetings and speak for you; speak for yourself. They have people that will come in and disrupt everything that's going on. Make sure this is what you want and not what someone else's wants. I will try to fit everything you need into the project as best as I possibly can. So, again, thank you. Also, you all know Irby McKnight, so if you have something you're afraid to speak to the Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 9 Redevelopment of Rainbow Village and Gwen Cherry 23C Resident Meeting #1 other team members about, call Irby. If it's something that's urgent an done, call my office and my staff will be happy to help you out. Don't b my office. Closing remark: ThIs submittal needs to be scheduled for a pubic hearing in accordance wigs timelines set forth in the City of Miaml Code. The appllcade decision -making body will review the Information at the pubc hearing to render a recommendation or a final decla on. Dr. Rosado closed the meeting with the following remark: I want to thank y being here tonight. In the next week, we should know the future meetings dates. You will be notified at your homes, so there is no need to rush around trying to find the information. I look forward to seeing you all again, thank you again for coming out. PZ-20-7953 01/15/21 IV. END OF MEETING SUMMARY This meeting summary is not a word-for-word transcript; it is a summary of the questions and comments. If you feel that clarifications are necessary, or if this differs from your understanding, please notify Charesse Chester by telephone at 305-944-7564 or by email at info@creativisionmedia.com within five (5) working days upon receipt of this summary. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 10 2.2 Presentation of Meeting #1 Redevelopment of Rainbow Village & Gwen Cherry 23C Meeting #1: Kickoff Meetir lune 7, 2018 Miami -Dade Public Housing and Community Development Redevelopment of Rainbow Village & Gwen Cherry 23C Project History: • Rainbow Village was built in 1970, and Gwen Cherry 23C was built in 1973. • Pursuant to RFP #794, the Board of County Commissioners awarded redevelopment of Rainbow Village to Biscayne Housing Group, LLC. & Gwen Cherry 23C to New Rainbow Community, LLC, on November 15, 2011 (Resolution R-1026-11). • Developers were unable to secure funding to proceed with redevelopment. NOTICE This submittal needs b be scheduled for a public hearing In accordance with timelines set forth in the City of Miami Code. The applicade decision -making bodywill review the information at the pubec hearing to render e recommendation or a final decision. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 11 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Redevelopment of Rainbow Village & Gwen Cherry 23C Why Now? • March 22, 2018 — federal budget approved • HUD has lifted the cap on projects that can be submitted for the Rental Assistance Demonstration (RAD) program, which will assist in redevelopment of public housing projects. • Tax credit allocations were approved which continue to provide a major portion of redevelopment funding. • Funding from the Southeast Overtown/Park West CRA • Approval by Governor Rick Scott of Opportunity Zones (Tax Cuts and Jobs Act) including census tract 31, which includes Rainbow Village and Gwen Cherry 23C Redevelopment of Rainbow Village & Gwen Cherry 23C Resident Engagement: • HUD's regulations, as they pertain to public housing, include 24 CFR 970.7 — General requirements for HUD approval of a PHA demolition/disposition application: • HUD must approve demolition/disposition applications prior to redevelopment. • Resident engagement is also required prior to redevelopment; "PHAs must consult with residents who will be affected by the proposed action with respect to all demolition or disposition applications." Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 12 Redevelopment of Rainbow Village & Gwen Cherry 23C Rainbow Village 100 existing PH units Gwen Cherry 23C 36 existing PH units All public housing residents will be able to return to a public housing unit in the new redevelopment (one -for -one replacement of 136 existing PH units). Redevelopment of Rainbow Village & Gwen Cherry 23C Project Feasibility Considerations: Multiple factors must be evaluated and considered to make a redevelopment project viable: • Resident input • Building Code and Zoning requirements • Size of the project site (approx. 10.39 acres) and best use of allowed density • Open space, parking, driveways, interior roads, building footprints, setbacks, etc. (fit project elements cohesively on site) • HUD regulations • Funding, financing and market considerations • Mixed -income development with different housing types (public housing, affordable, workforce, market -rate, and homeownership) • Crime Prevention Through Environmental Design (CPTED) Strategies 6 NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 13 Redevelopment of Rainbow Village & Gwen Cherry 23C Community Input: Questions and Responses • We hope to hear from residents of Rainbow Village and Gwen Cherry 23C, and the adjacent community about the proposed redevelopment. • Please fill out an index card so that your questions and comments can be answered. If we should run out of time, they will be answered at the next meeting. • PHCD staff is available to assist one-on-one with questions about current units. • Don't hesitate to contact Charesse Chester with any additional questions or comments you might have, at 305-944-7564 or cchester@creativisionmedia.com. • Meeting documents will be available at a website for the project. (Website domain TBA.) NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca decision -making body will redew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 14 MIAMI•DADE COUNTY ,CQ PUBLIc 'y- NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set torah in the City of Miami Ccde.The applica de decision -making bcdy will renew the information at the public hearing to render a recommendation or a final decision. PZ-20-7953 01/15/21 Resident Meeting #2 Housing Types/Community Features/ Unit Amenities/Exterior Spaces June 18, 2018 MIAMI• COUNTY COUNTY Meeting Date: Project: Subject: Meeting Location: Attendees: 2.3 MEETING SUMMARY June 18, 2018 (Monday) Redevelopment of Rainbow Village and Gwen Cherry 23C — Miami -Dade Public Housing and Community Development Resident Meeting #2 NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubc hearing to render. recommended on or a final decla on. Time: 6:00 PM — PZ-20-7953 01/15/21 Culmer Community Action Center, 1600 NW 3rd Ave, Miami, FL 33136 See Sign -In Sheet at the End of this Document OVERVIEW: The purpose of this meeting was to discuss the redevelopment of the Rainbow Village and Gwen Cherry sites with current public housing residents and address their questions and concerns. The meeting was held on Monday, June 18, 2018, at Culmer Community Action Center, 1600 NW 3rd Ave, Miami, FL 33136 from 6:00 p.m. to 7:05 p.m. II. WELCOME: Mr. Irby McKnight, a co -facilitator, community liaison and Greater Bethel AME Church board member, welcomed the residents and gave the invocation. Charesse Chester (Creativision MEDIA) recognized Miami -Dade County Commissioner Audrey Edmonson (District 3) as well as Miami -Dade Public Housing and Community Development Director Michael Liu. Commissioner Audrey Edmonson welcomed the residents and expressed her interests in hearing the residents' priorities regarding the redevelopment. She stated how happy she was to see the residents attending the meeting as well as reminding the residents not to let anyone make decisions for them. Director Michael Liu stated that the resident input leads the process and would help guide the decision making process. Residents work with the PHCD team members in order to have a great outcome. Also stating that resident participation is very important in the development and telling your neighbors to come out and participate as well. Ms. Chester then went over the objectives regarding the meeting and then introduced the members of the Miami -Dade Public Housing Community Development (PHCD) team, Michael Liu (Director); Jorge Cibran (Development Division Director); Karen Arndt (Construction Manager II); Jose A. Rodriguez (Development Division Manager); Ms. Chester stated that other members of the PHCD staff could answer any questions concerning their current units. Ms. Chester introduced the meeting co -facilitator Dr. Ralph Rosado (Rosado and Associates). Before his presentation, Dr. Rosado reiterated that PHCD staff members were available to respond to any questions related to their units. Additionally, Dr. Rosado indicated there was a sign -in sheet at each table for issues with existing units. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 15 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #2 Dr. Rosado opened his presentation with a summary of notes captu meetings. Dr. Rosado reviewed a list of priorities that residents mus sites are being developed: 1. Resident Input — What you say is very valuable to us. You will see your i captured throughout the presentation slides. 2. The rules that are in place for building on these sites — Rainbow Village and Gwen Cherry 23C were developed before we had big storms, hurricanes, and so forth. These aspects of new rules or building codes have been developing. Therefore, any building that is built after 1992 is stronger than structures built prior to this year. 3. Building Code and Zoning Requirements — In order to build here, there are local rules that must be followed. 4. HUD (Housing and Urban Development) regulations — HUD is a federal agency that imposes many regulations to govern the way this process will move forward and what can be done. 5. Funding, Financing, and Market Considerations — At some point later this year, this project will be put out to bid for somebody to respond with a proposal. Hopefully, there will be several responses. The proposals that move forward are generally the ones that propose something consistent with funding and project requirements. There are also additional federal resources and local resources. • Public Housing and Non -Public Housing - To ensure the project will work financially, there will have to be market rate units included in the redevelopment. This submittal needs to be scheduled for a public hearing In accordance whh tlmellnee set forth in the City of Miami Cote. The applicabe decision -making body will review the intonnation at the pu bec hearing to render a reconarnendat on or a final decla on. PZ-20-7953 01/15/21 6. Crime Prevention Through Environmental Design - It is impossible for law enforcement to be everywhere. There are a series of design elements to assist in making crime prevention efforts work. Dr. Rosado gave a brief review of the public engagement process and the upcoming meeting dates and topics Resident Engagement: Meeting Dates • TBA, 2018 - 6pm - Public Safety/Community Services/Economic Development • Saturday, TBA, 2018 - 8am-12:30pm - Pen -to -Paper Session • TBA, 2018 - 6pm - Initial Review of RFP Draft • TBA, 2018 - 6pm - Final Review of RFP Draft Dr. Rosado reminded the public to attend all the meetings; however, the pen -to -paper session to be held on a Saturday is the most important. He encouraged the residents to bring family members and their kids. III. MEETING DISCUSSION HIGHLIGHTS Dr. Rosado discussed the redevelopment fundamentals before reviewing the community features requested at the previous meetings: Project History • Rainbow Village was built in 1970, and Gwen Cherry 23C was built in 1973. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 16 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #2 • Pursuant to RFP #794, the Board of County Commissioners redevelopment of Rainbow Village to Biscayne Housing Gro Cherry 23C to New Rainbow Community, LLC, on Novembe R-1026-11). • These developers were unable to secure funding to proceed wit Why Now? • March 22, 2018 — The federal budget was approved • HUD has lifted the cap on projects that can be submitted for the Rental Assistance Demonstration (RAD) program, which will assist in redevelopment of public housing projects. • Tax credit allocations were approved in order to provide a major portion of redevelopment funding. • Funding from the Southeast Overtown/Park West CRA • Approval by Governor Rick Scott of Opportunity Zones (Tax Cuts and Jobs Act) including census tract 31, which includes Rainbow Village and Gwen Cherry 23C This submittal needs to be scheduled for a public hearing In accordance with timelines set forth in the City of Miami Cote. The applicabLe decision -ma king body will review the Information at the public hearing to render a recommendation or a final decision. PZ-20-7953 01/15/21 Resident Engagement: HUD Requirements • HUD's regulations, as they pertain to public housing, include 24 CFR 970.7 — General requirements for HUD approval of a PHA demolition/disposition application. • HUD must approve demolition/disposition applications prior to redevelopment. • Resident engagement is also required prior to redevelopment: "PHAs must consult with residents who will be affected by the proposed action concerning all demolition or disposition applications." Resident Engagement: Pen -to -Paper Session • Saturday, Date TBD - 8am-12:30pm Two Parts: • Visual Preference Survey — Using colored dot stickers (Green Dots="Like" Something/Red Dots="Dislike" Something), residents & other participants will let us know what you like & dislike regarding building styles, unit amenities, etc. • (2) Table Presentations — Each table will have a design professional who will sketch the elements recommended by the residents and prepare a basic design and list of what you would like to see as part of the project. Each table will select a resident to serve as spokesperson to explain what you'd like to see in the new unit. City of Miami Land Use Information • T4-L (Limited) • T4 = General Urban Zone (i.e. near Urban Core) = 36 units/acre • Building height: 3 stories maximum • Allowed residential types: • Single-family homes • Community residences • Duplexes (2+) • Multifamily housing (3+) • Home office Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 17 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #2 • Live -work: dwelling unit that contains a commercial or office which is limited • To a maximum of fifty percent (50%) of the unit's area • A combination of the above Comparable PHCD Projects • Keys Crossing • Hampton Village • La Toya Apartments • Waterford Apartments • Kings Terrace Apartments • Stirrup Plaza NOTICE This submittal needs to be scheduled bra puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will rodew the information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Comparable Private Projects • May have several retail options on the first floor, townhouse style homes etc. • Four stories, office or retail at the bottom of each building. Some Potential Community Features Vote by show of hands: • Computer lab • CCTV/security camera system • Gates at buildings and site • Exercise and/or entertainment room • Updated/modern designs reflective of the community • Key fob access control entry to common areas • Sensors, timers or motion detectors on all outdoor lighting • Build Wi-Fi infrastructure • Generators — to include generator power for at least one community room and community area kitchen • Homeownership units Some Potential Unit Amenities Vote by show of hands: • Washers and dryers in each unit • Central NC • Gated buildings • Bigger windows • Impact windows and doors • Modern kitchen cabinets • Granite countertops or comparable • Energy -efficient appliances • Key fob access control entry to common areas • Double -bowl kitchen sink • Electric water heater • Daylight sensors, timers or motion detectors on all outdoor lighting • Build Wi-Fi infrastructure Potential Improvements to Exterior Spaces: Pedestrian Improvements • Crosswalks Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 18 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #2 • Walking paths • Sidewalks Potential Improvements to Exterior Spaces: ADA & UFAS (Uniform Federal Accessibility Standards) Improvem • Ramps • Railing • Curb cuts/ramps NOTICE This submittal needs to be scheduled bra puboc hearing In aaordancc whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will rodew the information at the pubc hearing to render a recommended on or a final decla on. Potential Improvements to Exterior Spaces: Bicycling Improvements • Bike paths/lanes • Bike signage ("share the road "signage) • Bike racks Potential Improvements to Exterior Spaces: Traffic Calming Devices • Speed table • Traffic circle • Median Potential Parking Lot Improvements • New pavement • Parking lot lighting • Visitor parking PZ-20-7953 01/15/21 Potential Improvements to Exterior Spaces: Traffic Flow Improvements • Sometimes the light placement doesn't allow sufficient illumination. • Encourage City of Miami and Miami -Dade County to put in more traffic signals. • Speeding is a concern on the property, maybe the way people get in and out of the property needs to be evaluated at the entrance and exits of the property. Potential Improvements to Exterior Spaces: City Trolley • Trolley routes could possibly be changed. If you need the route to change this process can accommodate those requests. Potential Improvements to Exterior Spaces: Metrorail and Metrobus Routes • The existing transit routes go through Culmer and Rainbow Village. Let us know if the routes need to be changed for the bus routes as well. Potential Improvements to Exterior Spaces: Transit Stops • Bus stop designs in some places have covered stops and others don't have a canopy, so residents stand in the rain or sun. Let us know if you think there should be one there that isn't there currently. Potential Improvements to Exterior Spaces: Landscaping • Shade Trees V. Palm Trees, In South Florida palm trees have been a popular item, but they don't really provide a lot of shade. Potential Improvements to Exterior Spaces: Art in Public Places Program • Miami -Dade County established in 1973 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 19 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #2 • County ordinance allocates 1.5% of construction costs of ne purchase or commission of artwork • More than 700 artworks installed throughout Miami- Dade Co • On walls: murals • On floors: decorative floor patterns • On ceiling: mobiles or chandeliers This submittal needs to be scheduled bra puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will rodew the information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Dr. Ralph Rosado's complete presentation is attached to this document. SUMMARY OF QUESTIONS AND CONCERNS (All questions were addressed by Development Division Director Jorge Cibran except where noted.) This section provides an overview of the questions received during the meeting. Copies of the written questions received are included at the end of the summary. Q: (Resident) When is it going to happen? A: It's already happening. This is the beginning of the redevelopment process for this project. It is a critical component for any of these redevelopment projects. Just so you understand, approximately 10% of our sites have been redeveloped to date, so you're in a wonderful position that you get to be in that percentage that is being redeveloped. We hope to do all the sites, but it is going to be a process. It starts with this community engagement meeting. We have scheduled 6 meetings in the process to give you information as well as to get the input from you, as Ralph and Charesse have indicated, you all live in the development, so you can recommend what might be a good thing to have in a new redevelopment. The last part of the engagement process will the Request for a Proposal (RFP). As Ralph said, that will be the document that actually goes out to developers, scoping the requirements of the project. We're going to have 2 meetings to review with you the initial draft . Then we will conduct a subsequent meeting to review the draft and all commets. The Request for Proposals (RFP) will go to Commissioner Edmonson for review and subsequently to the Miami -Dade county attorneys office for review then to the requirement divisions for them to put it out into the developing community. The developers will then have 2-3 months to respond to the RFP before it goes through a selections process. The selection committee will look at what a developer is suggesting versus what the requirements of the RFP are and what is the most beneficial for the residents, for the development, for the community, and for the County. Once the developer is selected and awarded the contract, they will come back and explain their specific solution to the project. They will actually show you their renderings, floor plans, site plans, and phasing of the project, etc. Then, they will design and eventually build the project. It's a process of several years; it's not something that can be done in a few months. Most importantly, we are here, we have funding that has not been available for several years, so we're finally moving forward. Q: (Resident) Where would the residents go during this process? A: What we try to do with the redevelopment process and the concept that we have been developing is to try and phase the project within the area of the development. You will not be displaced outside of the development or relocated to an area outside of the area. We want you to be able for you to stay in the development. As we stated, there are 136 existing public housing units. There will be 136 public housing units when we're done with the redevelopment. The 136 units will be brand new ones, of course, so you can return to the new development. Can you all come back? Yes, you can, that's why we're building 136 units, so that you all can come back. As you can see, there are open areas in the site. We want to Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 20 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #2 build first within those open areas. Then, the developer will move they'll continue with phases within the area. There are various dev some general parameters, and they will provide us with some gene up with things that we've haven't considered because of their expe Q: (Resident) What would the new units look like? A: Charesse Chester stated: We received this question prior to the completio •i e PowerPoint slide, and I think Mr. Rosado covered that with community features, unit amenities, exterior spaces and more. This submittal needs to be scheduled fora public hearing in accordance wth timelines set forth in the City or Miami Code. The applieade decision -making body •nil review the intonation at the pubec hearing to render a recommendation or a final decision. PZ-20-7953 01/15/21 Q: (Resident) Will the residents be able to work on the redevelopment process? A: Yes, Future presentations will talk about Section 3 requirements, which outlines participation by section 3 residents and minority -owned business. There will be an emphasis on giving residents opportunities to participate in the redevelopment project. There's a whole presentation that deals with Section 3, which is a federal program regarding job training, we will get into more details further in the future. Q: (Resident) Will the residents be able to come back? A: Absolutely. Irby McKnight (Community Liaison): Regarding the question as to how the new redevelopment will look, you all will decide that. The people who live there, the Commissioner Edmonson told you at the beginning of the meeting that this is you, you will live there, so don't let me tell you what they should look like, you saw some images and you will be allowed to address other images that you did not see if that is your interest. So please don't think that this is just going to be put there like Rainbow Village. You are going to be the ones living there, so you need to speak up and make sure that the units you are getting are worth what you want to live in. Make sure your parking requirements are also included in this redevelopment process. Section 3 is government funded regulation that says when you do these types of things you have to hire low-income residents. We will see to it that you are employed if you meet the proper requirements. Closing remarks: Jorge Cibran stated: if you have any further questions please contact Charesse Chester at 305-944-7564. Commissioner Edmondson stated: This is one of the reasons why I wanted Irby to work on this project. If you feel uncomfortable speaking with Charesse or the housing department, call Irby as he is here every day until 2 PM. If you feel more comfortable with him, then go ahead and speak with him. I also would like to thank everyone for coming out, I like the crowd, but I would like to see more people so when you go back home make sure you tell everybody that to come out to the meetings as well. You can also call my office 305-636-2331. Again, thanks for coming out. Ms. Chester: we want to recognize Commander Cook and his team from the Neighborhood enhancement team (NET). Again, the website is rainbowvillagegwencherry23c.com Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 21 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #2 IV. END OF MEETING SUMMARY The meeting summary, not a word-for-word transcript; it is a summary of the comments. If you feel that clarifications are necessary, or if this differs from your understanding, please notify Charesse Chester by telephone at 305-944-7564 or by email at info@creativisionmedia.com within five (5) working days upon receipt of this summary. NOTICE This submittal needs to be scheduled bra pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will review the information at the pubc hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 22 2.4 Presentation of Meeting #2 pl. 9 . I , 1 i l ' _.;. ia+41 �..� .4_ Redevelopment of Rainbow Village & Gwen Cherry 23C Meeting #2: Hr_ ypes/Community Features/ Unit Amenities/Exterior Spaces June 18, 2018 Miami -Dade Public Housing and Community Development afiEli Redevelopment of Rainbow Village & Gwen Cherry 23C Agenda 6-6:10pm Welcome and Introduction to Community Engagement Meetings - Irby McKnight In order to ensure that we have enough time to cover all the information for today's agenda, please write your questions on the notecards, and we'll pick them up and respond to them at the end. 6:10-6:13pm Objectives for this Meeting — Charesse Chester Objective 1 - recap project history & current funding Objective 2 - review project feasibility considerations Objective 3 - explain resident engagement process Objective 4 - review future meeting topics Objective 5 - discuss City of Miami land use information Objective 6 - explore potential housing types & amenities Objective 7 - consider potential improvements to exterior spaces NOTICE This submittal needs b be scheduled for a public hearing In accordance with timelines set forth in the City of Miami Code. The applicade decision -making bodywill review the information at the pubec hearing to render e recommendation or a final decision. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 23 Redevelopment of Rainbow Village & Gwen Cherry 23C Agenda 6:13-6:15pm Introduction of Miami -Dade County Commission Vice Chairwoman Audrey Edmonson and Public Housing & Community Development (PHCD) Personnel — Charesse Chester Michael Liu, Director Jorge Cibran, Development Division Director Jose A. Rodriguez, Development Division Manager Karen Arndt, Construction Manager II 6:15-6:20pm 6:20-6:25pm 6:25-6:35pm Objective 1: Recap Project History & Current Funding — Ralph Rosado Objective 2: Review Project Feasibility Considerations — Ralph Rosado Objective 3: Explain Resident Engagement Process — Ralph Rosado Redevelopment of Rainbow Village & Gwen Cherry 23C Agenda 6:35-6:40pm 6:40-6:50pm 6:50-7:05pm 7:05-7:20pm 7:20-7:40pm Objective 4: Review Future Meeting Topics — Ralph Rosado Objective 5: Discuss City of Miami Land Use Information — Ralph Rosado Objective 6: Explore Potential Housing Types and Amenities — Ralph Rosado Objective 7: Consider Potential Improvements to Exterior Spaces — Ralph Rosado Public Comments — Charesse Chester NOTICE This submittal needs to be scheduled fora puboc hearing In ac ordanrewkh timelines set forth in the City of Miami Code. The appLIca decision -making body will redew the Information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 24 Redevelopment of Rainbow Village & Gwen Cherry 23C Project History • Rainbow Village was built in 1970, and Gwen Cherry 23C was built in 1973. • Pursuant to RFP #794, the Board of County Commissioners awarded redevelopment of Rainbow Village to Biscayne Housing Group, LLC. & Gwen Cherry 23C to New Rainbow Community, LLC, on November 15, 2011 (Resolution R-1026-11). • Developers were unable to secure funding to proceed with redevelopment. Redevelopment of Rainbow Village & Gwen Cherry 23C Why Now? • March 22, 2018 — federal budget approved • HUD has lifted the cap on projects that can be submitted for the Rental Assistance Demonstration (RAD) program, which will assist in redevelopment of public housing projects. • Tax credit allocations were approved which continue to provide a major portion of redevelopment funding. • Funding from the Southeast Overtown/Park West CRA • Approval by Governor Rick Scott of Opportunity Zones (Tax Cuts and Jobs Act) including census tract 31, which includes Rainbow Village and Gwen Cherry 23C NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 25 Redevelopment of Rainbow Village & Gwen Cherry 23C Rainbow Village 100 existing PH units Gwen Cherry 23C 36 existing PH units All public housing residents will be able to return to a public housing unit in the new redevelopment (one -for -one replacement of 136 existing PH units . 7 Redevelopment of Rainbow Village & Gwen Cherry 23C Project Feasibility Considerations Multiple factors must be evaluated and considered to make a redevelopment project viable: • Resident input • Building Code and Zoning requirements • Size of the project site (approx. 10.39 acres) and best use of allowed density • Open space, parking, driveways, interior roads, building footprints, setbacks, etc. (fit project elements cohesively on site) • HUD regulations • Funding, financing and market considerations • Mixed -income development with different housing types (public housing, affordable, workforce, market -rate, and homeownership) • Crime Prevention Through Environmental Design (CPTED) Strategies NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 26 Redevelopment of Rainbow Village & Gwen Cherry 23C Resident Engagement: HUD Requirements • HUD's regulations, as they pertain to public housing, include 24 CFR 970.7 — General requirements for HUD approval of a PHA demolition/disposition application: • HUD must approve demolition/disposition applications prior to redevelopment. • Resident engagement is also required prior to redevelopment; 'PHAs must consult with residents who will be affected by the proposed action with respect to all demolition or disposition applications' Redevelopment of Rainbow Village & Gwen Cherry 23C Resident Engagement: Pen -to -Paper Session • Saturday, Date TBD - 8am-12:30pm • Two Parts: (1) Visual Preference Survey — Using colored dot stickers (Green Dots="Like" Something/Red Dots="Dislike" Something), residents & other participants will let us know what you like & dislike in terms of building styles, unit amenities, etc. NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 27 Redevelopment of Rainbow Village & Gwen Cherry 23C Resident Engagement: Pen -to -Paper Session (2) Table Presentations — Each table, with the help of a design professional, will prepare a basic design and a list of what you would like to see as part of the project. Each table will select a resident to serve as spokesperson and explain to the whole room what you'd like to see. Redevelopment of Rainbow Village & Gwen Cherry 23C Resident Engagement: Meeting Dates • Monday, June 7, 2018 - 6pm - Kickoff Meeting (Overtown Performing Arts Center) - completed • Monday, June 18, 2018 - 6pm - Housing Types/Community Features/Unit Amenities/Exterior Spaces • TBA, 2018 - 6pm - Public Safety/Community Services/Economic Development • Saturday, TBA, 2018 - 8am-12:30pm - Pen -to -Paper Session • TBA, 2018 - 6pm - Initial Review of RFP Draft • TBA, 2018 - 6pm - Final Review of RFP Draft NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 28 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Redevelopment of Rainbow Village & Gwen Cherry 23C City of Miami Land Use Information city of Miami Redevelopment of Rainbow Village & Gwen Cherry 23C City of Miami Land Use Information T4-L (Limited) • T4 = General Urban Zone (i.e. near Urban Core) = 36 units/acre • Building height: 3 stories maximum • Allowed residential types: - single-family homes - community residences - duplexes (2+) - multifamily housing (3+) - home office - live -work: dwelling unit that contains a commercial or office component which is limited to a maximum fifty percent (50%) of the unit's area - a combination of the above Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 29 This submittal needs b be scheduled for a puboc hearing in accordance with timelines set forth in the City of Miami Ccde.The applica de decision -making bcdy will review the infonnaion at the pubc hearing to render a recommendation or a final decision. Redevelopment of Rainbow Village & Gwen Cherry 23C Comparable PHCD Projects Keys Crossing Waterford Apartments Hampton Village Kings Terrace Apartments La Joya Apartments Stirrup Plaza Redevelopment of Rainbow Village & Gwen Cherry 23C Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 30 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Redevelopment of Rainbow Village & Gwen Cherry 23C Some Potential Community Features Redevelopment of Rainbow Village & Gwen Cherry 23C Some Potential Community Features Vote by show of hands: ❑ Computer lab ❑ CCTV/security camera system ❑ Gates at buildings and site ❑ Exercise and/or entertainment room ❑ Updated/modern designs reflective of the community ❑ Key fob access control entry to common areas ❑ Sensors, timers or motion detectors on all outdoor lighting ❑ Build Wifi infrastructure ❑ Generators — to include generator power for at least one community room and community area kitchen Homeownership units Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 31 NOTICE This submittal needs b be scheduled for a puboc hearing In accordance with timelines set forth in the City of Miami Code.The applicaGe decision -making bodywill review the Intonnation at the pubc hearing to render a recommendation or a final decision. Redevelopment of Rainbow Village & Gwen Cherry 23C Some Potential Unit Amenities fi 11 II I Li Redevelopment of Rainbow Village & Gwen Cherry 23C Some Potential Unit Amenities Vote by show of hands: ❑ Washers and dryers in each unit ❑ Central A/C ❑ Gated buildings ❑ Bigger windows ❑ Impact windows and doors ❑ Modern kitchen cabinets ❑ Granite countertops or comparable Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 32 Redevelopment of Rainbow Village & Gwen Cherry 23C Some Potential Unit Amenities Vote by show of hands: ❑ Energy -efficient appliances ❑ Key fob access control entry to common areas ❑ Double -bowl kitchen sink ❑ Electric water heater ❑ Daylight sensors, timers or motion detectors on all outdoor lighting ❑ Build Wifi infrastructure Redevelopment of Rainbow Village & Gwen Cherry 23C Potential Improvements to Exterior Spaces: Pedestrian Improvements Crosswa Iks Sidewalks • Walking paths NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 33 NOTICE This submittal needs b be scheduled for puboc hearing In accordance with timelines set forth in the City of Miami Ccde.The applica de decision -making body Nall[ review the information at the pubc hearing to render a recommendation or a final decision. Redevelopment of Rainbow Village & Gwen Cherry 23C Potential Improvements to Exterior Spaces: ADA & UFAS (Uniform Federal Accessibility Standards) Improvements Limil Ramps Railings Curb cuts/ramps Redevelopment of Rainbow Village & Gwen Cherry 23C Potential Improvements to Exterior Spaces: Bicycling Improvements Bike paths/lanes Bike signage ("share the road" signage) Bike racks Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 34 Redevelopment of Rainbow Village & Gwen Cherry 23C Potential Improvements to Exterior Spaces: Traffic Calming Devices Speed table Traffic circle Median Redevelopment of Rainbow Village & Gwen Cherry 23C Potential Parking Lot Improvements New pavement Parking lot lighting Visitor parking NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca decision -making body will rodew the information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 35 Redevelopment of Rainbow Village & Gwen Cherry 23C Potential Improvements to Exterior Spaces: Traffic Flow Improvements - j17 r� 1 I T Redevelopment of Rainbow Village & Gwen Cherry 23C Potential Improvements to IDLE.mm Exterior Spaces: wvNw000 City Trolley Map Hal lo Scale E1C0tW0Y14A1f NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will reWew the Information at the pu bec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 36 Redevelopment of Rainbow Village & Gwen Cherry 23C Potential Improvements to Exterior Spaces: Metrorail and Metrobus Routes 011iiii bus Terminal 10,16,32, A Clt Celiter 2, 7,11, 21, Downtown 51, 77, 95, S, Bus Terminal 120, 207, 208, 1 11 00 246, 277, 500 Redevelopment of Rainbow Village & Gwen Cherry 23C Potential Improvements to Exterior Spaces: Transit Stops NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making bodywill redew the information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 37 Redevelopment of Rainbow Village & Gwen Cherry 23C Potential Improvements to Exterior Spaces: Landscaping Shade trees vs. Palm trees Redevelopment of Rainbow Village & Gwen Cherry 23C Potential Improvements to Exterior Spaces: Art in Public Places Program • Miami -Dade County established in 1973 • County ordinance allocates 1.5% of construction costs of new building for the purchase or commission of artworks • More than 700 artworks installed throughout County NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca decision -making body will redew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 38 This submittal needs b be scheduled for a puboc hearing in accordance with timelines set forth in the City of Miami Ccde.The applica de decision -making bcdy will review the infonnaion at the pubc hearing to render a recommendation or a final decision. Redevelopment of Rainbow Village & Gwen Cherry 23C Potential Improvements to Exterior Spaces: Art in Public Places Program Redevelopment of Rainbow Village & Gwen Cherry 23C Potential Improvements to Exterior Spaces: Art in Public Places Program Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 39 Redevelopment of Rainbow Village & Gwen Cherry 23C Potential Improvements to Exterior Spaces: Art in Public Places Program — Can Be Interior On walls: murals On floors: decorative floor patterns On ceiling: mobiles or chandeliers Redevelopment of Rainbow Village & Gwen Cherry 23C Community Input: Questions and Responses • Questions/comments should be specific to the items discussed tonight about the proposed new development: Housing Types/Community Features/Unit Amenities/Exterior Spaces • Please fill out an index card so that your questions and comments can be answered. If we should run out of time, they will be answered at the next meeting. • PHCD staff is available to assist one-on-one with questions about current units. • Don't hesitate to contact Charesse Chester with any additional questions or comments you might have, at 305-944-7564 or cchester@creativisionmedia.com. • Meeting documents will be available at a website for the project. www.rainbowvillagegwencherry23c.com NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 40 MIAMI•DADE COUNTY ,CQ PUBLIc 'y- NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set torah in the City of Miami Ccde.The applica de decision -making bcdy will renew the information at the public hearing to render a recommendation or a final decision. Resident Meeting #3 Public Safety/Community Services/ Economic Development September 10, 2018 PZ-20-7953 01/15/21 M IAM I•D,ADE COUNTY COUNTY Meeting Date: Project: Subject: Meeting Location: Attendees: 2.5 MEETING SUMMARY September 10, 2018 (Monday) Redevelopment of Rainbow Village and Gwen Cherry 23C Miami -Dade Public Housing and Community Development Resident Meeting #3 NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubc hearing to render. recommended on or a final decla on. Time: 6:00 PM — PZ-20-7953 01/15/21 Culmer Community Action Center, 1600 NW 3rd Ave, Miami, FL 33136 See Sign -in Sheet at the end of this document OVERVIEW: The purpose of this meeting was to present the public housing project and address questions/concerns from the Rainbow Village and Gwen Cherry 23C residents. The meeting was held on Monday, September 10, 2018, at the Culmer Community Action Center, 1600 NW 3rd Ave, Miami, FL 33136 II. WELCOME: Charesse Chester (Creativision MEDIA) welcomed the public and recognized Miami -Dade County Commissioner Audrey Edmonson (District 3), her staff, and introduced the members of the Miami - Dade Public Housing Community Development (PHCD) team: Michael Liu (Director) and Jorge Cibran (Development Division Director), Jorge L. Orol (Construction Manager 2); Karen Arndt (Construction Manager 2). Ms. Chester also acknowledged the new Neighborhood Resource Officer (NRO) Dairon Williams. Commissioner Edmonson (District 6) thanked the residents for coming out and showing their interests regarding the redevelopment. The Commissioner also reminded the residents that this project is being done for them and their community. They should not to let anyone sway their decisions regarding what they want done in this project. Ms. Chester reviewed the objectives of the meeting and introduced the meeting co -facilitator Dr. Ralph Rosado (Rosado & Associates). Dr. Rosado opened his presentation with a summary of notes captured from earlier meetings. Dr. Rosado reviewed a list of priorities that residents must consider as the sites are being developed: 1. Resident input is top priority — What you say is very valuable to us. You will see your ideas are captured throughout the presentation slides. 2. The rules that are in place for building on these sites — Rainbow Village and Gwen Cherry 23C were developed before we had big storms, hurricanes, and so forth. These aspects of new rules or building codes have been developing. Therefore, any building Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 41 Redevelopment of Rainbow Village and Gwen Cherry 23C Resident Meeting #3 that is built after 1992 is stronger than structures built prior to t 3. Building Code and Zoning requirements - If you are buildin local rules to follow. We will talk more about that. 4. HUD (Housing and Urban Development) regulations — HUD there are many regulations that govern the way this process will what can be done. 5. Funding and Financing Considerations — At some point later this year, t is project will be put out to bid for somebody to respond with a proposal. Hopefully, there will be lots of responses. The proposals that move forward are the ones that propose something consistent with funding and project requirements. There are also additional federal resources and local sources. NOTICE This submittal needs to be scheduled bra public hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -making body will review the Information at the pubec hearing to render a recommendation or a final decM on. 6. Crime Prevention Through Environmental Design (CPTED) - It is impossible for law enforcement to be everywhere. There are a series of things the residents can do to assist in making the project work. Dr. Rosado gave a brief review of the public engagement process and the upcoming meeting dates and topics. Future meetings will take place on the following: • Saturday, September 15, 2018 — 8 a.m. - Noon - Pen -to -Paper Session • Tuesday, October 9, 2018 — 6 p.m. - Initial Review of RFP Draft • Monday, October 29, 2018 — 6 p.m. - Final Review of RFP Draft III. MEETING DISCUSSION HIGHLIGHTS Dr. Ralph Rosado welcomed the residents and then shared the following points: Resident Engagement: Pen -to -Paper Session • Saturday, September 15 — 8am - Noon Two Parts: (1) Visual Preference Survey — Using colored dot stickers (Green Dots = "Like" Something/Red Dots = "Dislike" Something), residents & other participants will let us know what you like & dislike in terms of building styles, unit amenities, etc. • (2) Table Presentations — Each table, with the help of a design professional, will prepare a basic design and a list of what you would like to see as part of the project. Each table will select a resident to serve as spokesperson and explain to the whole room what you'd like to see. • Transportation will be made available to residents with special needs. Information is located on the meeting flyer. Potential Public Safety Design Improvements: Crime Prevention Through Environmental Design (CPTED) • Create clear sightlines to all public areas and other portions of the existing and proposed development. • Improve safety by increasing "eyes on the street" • Maintain landscaping so there are few blind spots • Create places to sit and promoting pedestrian activity, adding surveillance opportunities. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 42 Redevelopment of Rainbow Village and Gwen Cherry 23C Resident Meeting #3 • Create activity generators (outdoor recreational areas) tha and resident involvement throughout the day. • Provide adequate lighting for visibility, along pedestrian wal parks. • Use physical elements to keep unauthorized guests out of the pr aluminum fencing and gates between resident areas and public zones. • Locate security cameras at building access points and strategic locations to promote safety (coordinate with police) • Use impact glass and high -quality locks for windows • Install fire siren and gate controls for emergency vehicles to allow for access through security gates • Install sprinklers and smoke/fire alarm systems Community Services & Economic Development: • Daycare/Child Care • Adult/Continuing Education • Health Care • Office Uses • Commercial & Retail Uses This submittal needs to be scheduled fora public hearing In accordance with amines nes set forth In the City of Mlaml Cade. The appllcl a decision -making body will reslew the Information at the public hearing to render a recommended on or a final decision. PZ-20-7953 01/15/21 Section 3 What is Section 3? • A provision of the Housing and Urban Development (HUD) Act of 1968 (Section What's the purpose of Section 3? • To ensure that employment and contracting opportunities generated by HUD - funded projects/contracts will be directed, to the greatest extent feasible and consistent with Federal, State and Local laws and regulations, to low -or very -low- income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low - or very -low-income persons. Who is a Section 3 Resident? • A Public Housing resident • A low- or very low-income person living in the metropolitan area or non - metropolitan county where a HUD -assisted project for housing or community development is located or • A person seeking training and employment preference provided by Section 3 and provides evidence of eligibility for the preference. What is a Section 3 Business? • A business that is 51 % or more owned by section 3 residents or • A business whose permanent, full-time employees, include at least 30% of current section 3 residents; or employees who were section 3 residents within 3 years of the date of first employment with the section 3 business • A business that commits to subcontract over 25% of the dollar award of all subcontracts to Section 3 Businesses that meet above qualifications. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 43 Redevelopment of Rainbow Village and Gwen Cherry 23C Resident Meeting #3 PHCD Section 3 Contact Person: Jorge Rendon (786) 469-4227 Jorge.Rendon@miamidade.gov Dr. Rosado's complete presentation is attached to this document. SUMMARY OF QUESTIONS AND CONCERNS (All questions were addressed by Development Director Jorge Cibran except where noted.) This section provides an overview of the questions received during the meeting. Copies of the written questions received are included at the end of the summary. NOTICE This submittal needs to be scheduled bra puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will rodew the information at the pubc hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 Comment: (Resident) There should be more residents attending the meetings. Jorge: So what we do in addition to providing the information that we do for you all, every week before the meeting we hand deliver to every single resident a flyer. What we are going to do because it has been awhile since the last meeting and discussed this while the presentation was going on. We're going to make some calls to remind folks about the Saturday Pen -to -Paper session. In addition to hand delivering the flyer, we are also going to make some calls, informing the residents about what is going to be taking place. We usually have a better turn out at the Pen -to -Paper Session. Ms. Chester: What we do as a part of outreach, we are also accustom to going door to door so what I would like to do is talk to you offline to see how we can support you going door to door. Q: (Resident) How long will it take? A: After we are done with these meetings, the last part of these meeting will be the Request for Proposal (RFP). We're actually going to have two meetings that will include the request for proposals that will be the actual document that will go out to developers to engage their interest in doing the project. Once we have that draft, we are done with the meetings. The draft document will then go to the Commissioner's office, so she can look at it in additional detail and provide any comments back to us. Once that process is done, then it will go to the County Attorney's Office. They will look at the legal aspects of the RFP. Once they are done, then it will go to the procurement folks to put it together and publish it out to the developer. That process can take roughly a few months. Once it has been published, we will receive the developers' proposals. The developers' proposals will be evaluated by a selection committee and a recommendation will be made to the Mayor then the Board of County Commissioners for a reward. Once it is awarded, then you will have a developer. The developer will do a similar process to what we are doing now. The developer will come to you and show you the specific designs that they have in order to meet the requirements. Q: (Resident) Will we be able to work on the project for income? A: Yes, there will be opportunities within the project and we'll get more into that in the RFP with more specific information. Section 3 provides opportunities for residents as well as Section 3 businesses to participate in the project. Q: (Resident) How about a pet park? A: If that is a suggestion that you all have then we will certainly add it to the list. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 44 0 PU$l../ Redevelopment of Rainbow Village and Gwen Cherry 23C Resident Meeting #3 Q: (Community member) Will there be on the job training progr construction training programs? A: Yes, we will have both of those, as a part of the RFP. You will see beyond Section 3. Section 3 only requires the best efforts to do what y language. Our RFP will not have that kind of language. We talk about co percentages, and different level that will be required in the RFP. 4 0 a. NOTICE Tint submittal needs to be scheduled bra puboc hearing accordance whh timelines set forth in the City of Miami Code. The appdmde decision -ma long body will renewthe information at the pubUc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 <v V,EWCOV Q: (Resident) As this project is being developed will we find out about us being moved and where and when? Will we be told the date and time? A: The concept is to stay within the development or to move somewhere which is in close proximity temporarily. It's a one -for -one replacement. You take out one old unit; you replace it with one new unit. You move to that new unit. It will be done in phases, so there will be sometimes where you have to move temporarily. We can't do all of the project at once. If we do everyone will have to move out and we don't want to follow that model. We want to follow a model where we will do a portion of the site, those folks will move. Finish that portion of the site, then they can move back into the development. Then, we go to the next phase. It is impossible to keep everybody at the same time; it has to be done through phases. Comment (Resident): I would like to see a cleaning job inside the unit. Commissioner Edmonson: If you would like to contact me, the office number is 305-636-2331. Closing remark: Mr. McKnight: If you didn't get your point across here tonight, or you think you didn't get it across, I'm here 5 days a week from 8 A.M. — 2 P.M. come bring it to me. I'II write it down and I'II turn it in. Dr. Rosado: I hope to see everyone on Saturday, we will be in this same room, doors open at 8 A.M. We will be serving breakfast for everyone. If you need transportation, it will be on the next round of flyers that you will be receiving prior to Saturday. Call your site manager. She is here this evening as well. Let her know and she will arrange for transportation. I look forward to seeing everyone on Saturday. I want to hear your thoughts and concerns. IV. END OF MEETING SUMMARY This meeting summary is not a word-for-word transcript; it is a summary of the questions and comments. If you feel that clarifications are necessary, or if this differs from your understanding, please notify Charesse Chester by telephone at 305-944-7564 or by email at info@creativisionmedia.com within five (5) working days upon receipt of this summary. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 45 2.6 Presentation of Meeting #3 Redevelopment of Rainbow Village & Gwen Cherry 23C Meeting #3: Public Safety, Community Services & Economic Development Miami -Dade Public Housing and Community Development Redevelopment of Rainbow Village & Gwen Cherry 23C Agenda 6-6:l0pm Welcome and Introduction to Community Engagement Meeting - Irby McKnight In order to ensure that we have enough time to cover all the information for today's agenda, please write your questions and comments on notecards, and we'll pick them up and respond to them during Public Comments. 6:10-6:13pm Objectives for this Meeting — Charesse Chester Objective 1 - describe public engagement process Objective 2 - give glimpse of Pen -to -Paper Session schedule Objective 3 - recap previous meetings Objective 4 - explore potential public safety design improvements Objective 5 - consider potential opportunities for community services and economic development Objective 6 - summarize Section 3 standards NOTICE This submittal needs to be scheduled bra puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 46 Redevelopment of Rainbow Village & Gwen Cherry 23C Agenda 6:13-6:15pm Introduction of Miami -Dade County Commission Vice Chairwoman Audrey Edmonson and Public Housing & Community Development (PHCD) Personnel — Charesse Chester Michael Liu, Director, PHCD Jorge Cibran, Development Division Director, PHCD Karen Arndt, Construction Manager II, PHCD Reminder: PHCD staff is available to answer questions about current units, on a one-on-one basis. 6:15-6:18pm 6:18-6:25pm Objective 1 - Describe public engagement process — Ralph Rosado Objective 2 - Give glimpse of Pen -to -Paper Session schedule - Ralph Rosado Redevelopment of Rainbow Village & Gwen Cherry 23C Agenda 6:25-6:30pm 6:30-6:40pm 6:40-6:50pm 6:50-7pm 7-7:30pm Objective 3 - Recap previous meetings - Ralph Rosado Objective 4 - Explore potential public safety design improvements - Ralph Rosado Objective 5 - Consider potential opportunities for community services and economic development - Ralph Rosado Objective 6 - Summarize Section 3 standards Public Comments — Charesse Chester NOTICE This submittal needs to be scheduled fora puboc hearing In ac ordanrewkh timelines set forth in the City of Miami Code. The appLIca decision -making body will redew the Information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 47 Redevelopment of Rainbow Village & Gwen Cherry 23C Resident Engagement: Meeting Dates • Monday, June 7, 2018 - 6pm - Kickoff Meeting - completed • Monday, June 18, 2018 - 6pm — Meeting #1 - Housing Types/Community Features/Unit Amenities/Exterior Spaces • Monday, September 10, 2018 - 6pm — Meeting #2 - Public Safety/Community Services/Economic Development • Saturday, September 15, 2018 - 8am-noon - Pen -to -Paper Session • Tuesday, October 9, 2018 - 6pm - Initial Review of RFP Draft • Monday, October 29, 2018 - 6pm - Final Review of RFP Draft Redevelopment of Rainbow Village & Gwen Cherry 23C Resident Engagement: Pen -to -Paper Session • Saturday, September 15 — 8am-noon • Two Parts: (1) Visual Preference Survey — Using colored dot stickers (Green Dots="Like" Something/Red Dots="Dislike" Something), residents & other participants will let us know what you like & dislike in terms of building styles, unit amenities, etc. NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 48 Redevelopment of Rainbow Village & Gwen Cherry 23C Resident Engagement: Pen -to -Paper Session (2) Table Presentations — Each table, with the help of a design professional, will prepare a basic design and a list of what you would like to see as part of the project. Each table will select a resident to serve as spokesperson and explain to the whole room what you'd like to see. Redevelopment of Rainbow Village & Gwen Cherry 23C Project History • Rainbow Village was built in 1970, and Gwen Cherry 23C was built in 1973. • Pursuant to RFP #794, the Board of County Commissioners awarded redevelopment of Rainbow Village to Biscayne Housing Group, LLC. & Gwen Cherry 23C to New Rainbow Community, LLC, on November 15, 2011 (Resolution R-1026-11). • Developers were unable to secure funding to proceed with redevelopment. NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 49 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Redevelopment of Rainbow Village & Gwen Cherry 23C Why Now? • March 22, 2018 — federal budget approved • HUD has lifted the cap on projects that can be submitted for the Rental Assistance Demonstration (RAD) program, which will assist in redevelopment of public housing projects. • Tax credit allocations were approved which continue to provide a major portion of redevelopment funding. • Funding from the Southeast Overtown/Park West CRA • Approval by Governor Rick Scott of Opportunity Zones (Tax Cuts and Jobs Act) including census tract 31, which includes Rainbow Village and Gwen Cherry 23C Redevelopment of Rainbow Village & Gwen Cherry 23C Rainbow Village 100 existing PH units Gwen Cherry 23C 36 existing PH units All public housing residents will be able to return to a public housing unit in the new redevelopment (one -for -one replacement of 136 existing PH units). Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 50 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Redevelopment of Rainbow Village & Gwen Cherry 23C Project Feasibility Considerations Multiple factors must be evaluated and considered to make a redevelopment project viable: • Resident input • Building Code and Zoning requirements • Size of the project site (approx. 10.39 acres) and best use of allowed density • Open space, parking, driveways, interior roads, building footprints, setbacks, etc. (fit project elements cohesively on site) • HUD regulations • Funding, financing and market considerations • Mixed -income development with different housing types (public housing, affordable, workforce, market -rate, and homeownership) • Market -driven and successful retail/commercial office space • Crime Prevention Through Environmental Design (CPTED) Strategies 11 Recap of Previous Meetings: Community Features Requested at Meetings Computer lab CCTV/security camera system Gates/security at buildings and site Exercise and/or entertainment room Updated/modern designs reflective of the community Homeownership units Key fob access control entry to common areas Daylight sensors, timers or motion detectors on all outdoor lighting Build Wifi infrastructure Generators — to include generator power for at least one community room and community area kitchen Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 51 Recap of Previous Meetings: Unit Amenities Requested at Meetings Washers and dryers in each unit ✓ Central A/C ✓ Bigger windows Impact windows and doors (hurricane and security protection) v Modern kitchen cabinets v Granite countertops or comparable ✓ Energy -efficient appliances v Double -bowl kitchen sink Electric water heater Potential Public Safety Design Improvements: Crime Prevention Through Environmental Design (CPTED) CPTED PRINCIPLES 0 0 SURVEILLANCE ACCESS TERRITORIALITY W fLL I WHO CAN GET IDES ANYONE CARE BE SEEN? IN & OUT? WHAT"ATES NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca decision -making body will review the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 52 Crime Prevention Through Environmental Design (CPTED): Natural Surveillance Create clear sightlines to all public areas and other portions of the existing and proposed development Crime Prevention Through Environmental Design (CPTED): Natural Surveillance Large wind.. promote caeuulcunervmioa at Wawa Porches and sidwalks encourage ime acgon between neighbors. pavIrlg and a chlle^„ural Vestments define public and prim• zones. Good pedesuao-ecsrsd Dail on street. boa,' IarvlECayng ana rencee ,L+kne property line%without :vealinp hang places Improving safety by increasing "eyes on the street" NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The epodes Lie decision -making body will review the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 53 Crime Prevention Through Environmental Design (CPTED): Natural Surveillance — Large -- _ _ _ Large windows et tippet Igv91g prat -note casual Supervision of sfreel. — Clew building signege, Exte Or of bunting waU duminated. Lacga wurdaws at•gcade pran.O10 $urs+aillsna0 Item atm.. Clai ly defined private and public space. Good pedestrian -rested lighlmo on afreet, Crime Prevention Through Environmental Design (CPTED): Natural Surveillance Maintain landscaping so there are few blind spots NOTICE This submittal needs to be scheduled bra pubic hearing In aaordanre whh timelines set forth in the City of Miami Code. The appli®Lie decision -making body will review the information al the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 54 Crime Prevention Through Environmental Design (CPTED): Natural Surveillance Creating places to sit and promoting pedestrian activity, adding surveillance opportunities Crime Prevention Through Environmental Design (CPTED): Active Spaces CIA WMiµ4 Create activity generators (outdoor recreational areas) that promote community and resident involvement throughout the day NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 55 Crime Prevention Through Environmental Design (CPTED): Lighting Provide adequate lighting for visibility along pedestrian walkways, streets, and parks Crime Prevention Through Environmental Design (CPTED): Access Control & Alerts Use physical elements to keep unauthorized guests out of the property: aluminum fencing and gates between resident areas and public zones NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca decision -making body will redew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 56 Crime Prevention Through Environmental Design (CPTED): Access Control & Alerts Locate security cameras at building access points and strategic locations to promote safety (coordinated with Police) Crime Prevention Through Environmental Design (CPTED): Access Control & Alerts Use impact glass and high -quality locks for windows NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca decision -making body will redew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 57 This submittal needs b be scheduled for a puboc hearing in accordance with timelines set forth in the City of Miami Code.The applica de decision -making bodywill rewew the information at the pubs hearing to render a recommendation or a final decision. Crime Prevention Through Environmental Design (CPTED): Access Control & Alerts ACCESS FOR EMERGENCY VEHICLES KEEP CLEAR AT ALL TIMES Install fire siren and gate controls for emergency vehicles to allow for access through security gates Crime Prevention Through Environmental Design (CPTED): Access Control & Alerts Install sprinklers and smoke/fire alarm systems 1 FIRE �PUSH Iri PULLDOWxJ Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 58 NOTICE This submittal needs b be scheduled for a public hearing In accordance with timelines set forth in the City of Miami Code. The applicade decIsion-making body Nall[ review the information at the pubec hearing to render a recommendation or a final decision. Crime Prevention Through Environmental Design (CPTED): Residents' Council & Crime Watch WARNING NEIGHBORHOOD WATCH PROGRAM IN FORCE WE IMMEDIATELY REPORT ALL SUSPICIOUS ACTIVITIES r NEIGHBORHOOD CRIME WATCH WHERE NEIGHBORS CARE Community Services & Economic Development: Daycare/Child Care Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 59 NOTICE This submittal needs to be scheduled fora puboc hearing In accordance wkh timelines set forth in the City of Miami Code. The appLIca decision -making body will redew the Information at the pubgo hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Community Services & Economic Development: Adult/Continuing Education Community Services & Economic Development: Health Care Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 60 Community Services & Economic Development: Office Uses Traditional Office or Shared -Workspaces Community Services & Economic Development: Commercial & Retail Uses NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca decision -making body will rodew the information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 61 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Community Services & Economic Development: Commercial & Retail Uses Section 3 What Is Section 3? A provision of the Housing and Urban Development (HUD) Act of 1968 (Section 3). What's the purpose of Section 3? To ensure that employment and contracting opportunities generated by HUD -funded projects/contracts will be directed, to the greatest extent feasible and consistent with Federal, State and Local laws and regulations, to low -or very -low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very -low-income persons. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 62 Section 3 Who is a Section 3 Resident? 1. A Public Housing resident; OR 2. A low- or very low-income person living in the metropolitan area or non - metropolitan county where a HUD -assisted project for housing or community development is located, OR 3. A person seeking training and employment preference provided by Section 3 and provides evidence of eligibility for the preference. Section 3 Miami -Dade County Income Limits for Low- and Very Low -Income Persons/Families MIAMI-DADE COUNTY— FY 2018 INCOME LIMITS Area Median Income (AMI) for Miami -Dade County: $52,300 Effective Date: April 1, 2018 Family Size 1 2 3 4 5 6 7 8 Very Low (50% ofAMI) $27,550 $31,500 $35,450 $39,350 $42,500 $45,650 $48,800 $51,950 Low(80% ofAMI) $44,100 $50,400 $56,700 $62,950 $68,000 $73,050 $78,100 $83,100 NOTICE This submittal needs to be scheduled fora puboc hearing In aczordancc whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 63 Section 3 What is a Section 3 Business? 1. A business that is 51% or more owned by section 3 residents; OR 2. A business whose permanent, full-time employees, include at least 30% of current section 3 residents; or employees who were section 3 residents within 3 years of the date of first employment with the section 3 business, OR 3. A business that commits to subcontract over 25% of the dollar award of all subcontracts to Section 3 Businesses that meet above qualifications. PHCD Section 3 Contact Person: Jorge Rendon (786) 469-4227 Jorge.Rendon@miamidade.gov Redevelopment of Rainbow Village & Gwen Cherry 23C Questions/comments should be specific to the items discussed tonight about the proposed new development: (1) Natural surveillance: big windows at eye level, porches, low/clear landscaping, benches/sitting areas (2) Active spaces: wide sidewalks, areas for exercise/fun (3) Lighting (pedestrian -scale) (4) Access control & alerts: fencing, gates, cameras, impact glass (5) Residents' Council & Crime Watch (6) Daycare/child care (7) Adult/continuing education (8) Health care (9) Office (10)Commercial and Retail: Shopping, Banking, Dining, etc (11)Section 3 NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 64 Redevelopment of Rainbow Village & Gwen Cherry 23C Questions and Responses • Questions/comments should be specific to the items discussed tonight about the proposed new development: Public Safety, Community Services & Economic Development • Please fill out an index card so that your questions and comments can be answered. If we should run out of time, they will be answered at the next meeting. • PHCD staff is available to assist one-on-one with questions about current units. • Don't hesitate to contact Charesse Chester with any additional questions or comments you might have, at 305-944-7564 or cchester@creativisionmedia.com. • Meeting documents will be available at a website for the project. (https://www.rainbowvillagegwencherry23c.com/) NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca decision -making body will redew the information at the pubec hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 65 ,gyp PUBL/c • NOTICE This submittal needs b be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Ccde.The applica de decision -making bcdy will review the information at the pubs hearing to render a recommendation or a final decision. COUNTY Resident Meeting #4 Pen -to -Paper Session September 15, 2018 3.1 Pen -to -Paper Session On Saturday, September 15, 2018, from Sam to 11:30am, a Pen -to -Paper Session at the Culmer Center. After three (3) meetings directed at providing information about redevelopment process, this meeting was designed to elicit the thoughts and preferences the residents and other stakeholders. NOTICE This submittal needs to be scheduled bra pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubc hearing to render a recommended on or a final decla on. The day was divided into two parts: PZ-20-7953 01/15/21 (1)During the first part of the day, participants were asked to roam the room. Throughout the room nine (9) visual boards were taped to the walls, each with a series of images that corresponded to the categories Housing Types, Community Features, Exterior Spaces, Public Safety, and Community Services/Economic Development. Using green and red stickers, participants could visually indicate what types of images they "liked" for the redevelopment project (using green stickers) and which they "disliked" for the project (using red stickers). Participants were then asked to discuss at their table what they liked or disliked and why. Each of the four tables had an FIU by Design Architecture student to help facilitate the discussions. (2)During the second part of the day, each of the four tables of participants in the room selected a spokesperson or spokespersons, and each of those took turns using a microphone to present their "likes" and "dislikes" to the rest of the room. Spokespersons also presented one or more potential site plans for the redevelopment project. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 66 Rainbow Village/Gwen Cherry 23C Redevelopment Pen -to -Paper Session 8-11:15am on Saturday, September 15, 2018 Culmer Community Action Center (1600 NW 3rd Avenue) — Multipurpose Room PUBL/C 0. NOTICE This submittal needs to be scheduled fora pubic hearing In aaordanre whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will rodew the information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Agenda 8-8:30am Registration/Breakfast 8:30am Welcome - Irby McKnight, Commissioner Edmonson 8:35am Explanation of activities for the day - Ralph Rosado 8:40-9am Green Sticker ("Like") and Red Sticker ("Dislike") Exercise: place dots on images and checklists around the room 9-9:15am Table exercise 1: Discuss & create list of Green Sticker ("Likes") for individual units 9:15-9:30am Table exercise 2: Discuss & create list of Green Sticker ("Likes") for overall project Be sure to discuss all topics: (1) housing types, (2) community features, (3) exterior spaces (pedestrian and bicycling amenities; ADA; traffic calming; road/parking improvements; transit; trees/landscaping; exercise/activity opportunities; Art in Public Places); (4) public safety (lighting, pathways, impact glass, alarms, gates/fences, etc) (5) community services, (6) economic development opportunities. 9:30-10am Table exercise 4: Discuss & create list of units for overall project and Be sure to discuss all topics: (1) housing types, (2) community features, (3) unit amenities, (4) exterior spaces (pedestrian and bicycling amenities; ADA; traffic calming; road/parking improvements; transit; trees/landscaping; exercise/activity opportunities; Art in Public Places); (5) public safety (lighting, pathways, impact glass, alarms, gates/fences, etc) (6) community services, (7) economic development opportunities. 10-10:35am Table exercise 5: Sketch Session: (1) site plan for Rainbow Village/Gwen Cherry 23C Place site; (2) rendering of a typical building for the Rainbow Village/Gwen Cherry 23C Place site 10:35am-11:15am Presentations to the Room (1 spokesperson per table): (1) list "Likes"; (2) list "Dislikes'; (3) show sketches— Charesse Chester 11:15am Closing remarks — Commissioner Edmonson; PHCD; Charesse, Irby, Ralph Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 67 3.2 Community Features: Public Safety Improvements Enhanced safety and security emerged as important concerns for a number of residen Participants frequently requested the inclusion of safety -promoting features in the redevelopment project. These included security cameras throughout the building(s); larger window made of impact glass, so as to protect from natural storms while also providing greater safety from potential criminal activity, and key fob or card entry mechanisms as a way to regulate access to the building(s) and to the parking lot(s). Several participants also requested having a security guard on -site, is possible. NOTICE This submittal needs to be scheduled bra pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will roldew the information at the pubc hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 REDEVELOPMENT OF MIAM!•E RAINBOW VILLAGE & GWEN CHERRY 23C wEIOHBORµHOOI, WATCH 1.NEICHORNOOD ERIM' W ICH #i' /ERE N ,H RQRS :ARE COUNTY ACCESS FOR EMERGENCY VEHICLES KEEP CLEAR AT ALL TIMES FIRE ACCESS Tenant's Council and Neighborhood Crime Watch Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 68 REDEVELOPMENT OF RAINBOW VILLAGE & GWEN CHERRY 23C MIAMI COUNTY nAI NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca decision -ma Xing body will rodew the information at the pubc hearing to render a recommended on or a final decla on. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 69 3.3 Community Features: Other Building Components NOTICE This submittal needs to be scheduled bra pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will review the information at the pubc hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 Among the most favored features are a community room that would house meetings a activities, as well as an exercise gym. Participants also supported the inclusion of a compu lab that residents could access. Some residents expressed a preference for having rowhouses or townhouses along the perimeter of the project, while some also requested that any buildings on -site not be taller than 10 stories. REDEVELOPMENT OF MIAMI• RAINBOW VILLAGE & GWEN CHERRY 23C cowry Community_Feetures: Community center • Daycare cce • Retail space Adequate and assigned parking Lobby area Computer lab CCTV/security camera s' Gates/security at I:4 d site Exercise and/c "limes it If Ti Updated/modern designs reflect of tht -,munity Traffic light improvements Homeownership units _ Homeownership workshops • Hire Overtown residents and businesses to work on proje.., Key fob access control entry to common areas Daylight sensors, timers or motion detectors on all outdoor lighting Build Wifi infrastructure Pest control • Pet Park Generators— to include generator power for at least one community room and community area kitchen i Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 70 REDEVELOPMENT OF RAINBOW VILLAGE & GWEN CHERRY 23C NOTICE This submittal needs b be scheduled tor a puboc healing in cordance with tlmallnes set forth come City of \MiamcCode.The applica de decision -making bodywill renew the intonnabn at the pubdc hearing to render a recommendation or a final decision. D7 ')Q 7QG'2 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 71 3.4 Community Features: Exterior Items Participants also stressed support for assigned parking in a gated parking lot acce only to residents via a key entry. Some also supported plentiful guest parking that accessed separately from the residents' parking. NOTICE This submittal needs to be scheduled bra pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubc hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 REDEVELOPMENT OF RAINBOW VILLAGE & GWEN CHERRY 23C NMEMINIEs: xercise_/ Pedestrian / ADA / Travel Improvements MIAMI•DADE111 COUNTY Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 72 PUB/I y 0 4 3.5 Community Features: Exterior Spaces Participants also revealed enthusiasm for various amenities for the common or pub exterior to the building(s). The more popular items included a walking path ringed by play areas, pedestrian -scale lighting, abundant shade trees and attractive landscaping. possibility of an on -site pool experienced some support. Residents were generally supportive of nonresidential uses such as retail, dining, office space, a market or daycare, on the first or possibly the second level of one or more buildings on site. vc nlOr NOTICE This submittal needs to be scheduled bra puboc hearing in accordance wM1h timelines set forth in the City of Miami Code. The appLlea decision -making body renew the information at the pubkc hearing to render a recommendation or a final decision. v� fv1Ew COvs PZ-20-7953 01/15/21 REDEVELOPMENT OF RAINBOW VILLAGE & GWEN CHERRY 23C 119 MIAMIDADE COUNTY Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 73 0 NOTICE This submittal needs b loe scheduled for a pubLic hearing in accordance with timelines set forth in the City of Kan Code.The appLica de decision -malting body wilL retAew the Information at the pubk hearing to render a recommendation or a final decision PZ-20-7953 REDEVELOPMENT OF RAINBOW VILLAGE 8, GWEN CHERRY 23C Community Services and Economic Dev 2 c c••-elh MlAMI-DADE COUNTY r / REDEVELOPMENT OF RAINBOW VILLAGE & GWEN CHERRY 23C Beautification: Landscaping Art in Public Places Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 74 PZ-20-7953 01/15/21 3.6 Unit Amenities: Overall and Kitchen In terms of amenities for the inside of individual residential units, participants expre considerable agreement for a number of potential amenities. Multiple requests were larger apartment units with more spacious living areas, and central air conditioning; som residents specifically requested that a larger number of units be made ADA-accessible. Residents split, however, on whether to request tile flooring or another flooring surface. For their new kitchens, residents commonly requested more storage cabinets, and better -quality countertops, with some residents also requesting stainless steel refrigerators and dishwashers. This submittal needs b be scheduled for a puboc hearing in accordance with timelines set forth in the City of Miami Cede.The applica de decision -making bcdywill renew the information at the pubs hearing to render a recommendation or a final decision. REDEVELOPMENT OF RAINBOW VILLAGE & GWEN CHERRY 23C COUNTY New units will be larger than exist • Washers and 'ryers in each Cer Bgger�`��egf_ II Impact winco - 1 nc ioor' • Mod cabinets • Granite c ; or G a e. Energy-eT :ient appliance Window tl atment/coverih Double ',o\ kitchen si ✓ f ectri. Nater heater g� al )1 as Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 75 3.7 Unit Amenities: Bedroom, Bathroom and Assorted With regard to their new bathrooms, residents split on whether to request tubs or s common request for other parts of their apartments included in -unit washer/dryer co and balconies. This submittal needs b be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code.The applica de decision -making bodywill renew the information at the pubs hearing to render a recommendation or a final decision. PZ-20-7953 01/15/21 i Unit Ame 3 REDEVELOPMENT OF RAINBOW VILLAGE & GWEN CHERRY 23C New units will be larger than exist Washers and 'ryers in each Cer Bigger '� I Impact wino - k nc ioors��riacne prote , - 1 Mod, cabinets Granite oorc� a a Energy-eF :tent appiianc Window tl 3tment/cnve 'triad Double ',os kitchen si f >.ctri, xater heater al x as 4 e Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 76 3.8 Miscellaneous Items Additionally, residents expressed their feelings about a number of other items. Re were made for stricter property maintenance and more frequent unit inspections, ad pest control, improved trolley service and covered bus/trolley shelters as well as enhanc traffic signalization. Some also asked not allowed to have unsightly items such as large garbage containers or allow abandoned vehicles on the property. NOTICE This submittal needs to be scheduled bra puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca decision -making body will rewewihe information at the pubec hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 77 3.9 Table #1 This submittal needs b be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca n decision -ma Xing body will review the information at the pubc hearing to render s recommendation or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 78 0 Puet/ Table #1 Continued EYIefic.r> �IIp M Sei o ri94 j Ve,1- Vol( bar.au 01Arde_ bcrx.L,e, 2i+/7- t,Gric.1-45 ¶ c t 64411 wa41, reiltsif Pe-44;1, if Grncx7 S'brrS " — G kexrxr, 5146 s -t. (CV5, wpi,retelA — F,ss+ 6-1 LTAhy Vet 54,6.0 se.,.un47 c„emmero5 0-10r n J i( ey44110.' Conciety b,lte ra Kite in) (r i ie+C1! !' - More 4-rUs t 1.51,f g askicony 55. ,,J 'pop) r i 14,t n6 lay el:4 CfrofS 14,514- fe,,SC 4 0 a. n ( 1/ ! See.L (I f CA/ii 6'A c\y/L),0,6y5 II D dcr70 areas NOTICE \CI This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca o decision -malting body will review the information at the pubec hearing to render a recommendation or a final decid on. PZ-20-7953 .9 01/15/21 ON' RE1/! EW C04 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 79 Table #1 Continued TA Oa Ch"e hid& I 16ar rwr w S il, 04uls;r sib)) 1,;514. celPij 141416, edit- 111rnrC 7 �+ M4frrcrnt ;10 &41„At.1 'ILA) 4141 e �r1,r 414S (e fr VA*eue53i 11. (s * k- ' f4;h sec„ , c cI s gee- rcif, !t Mim f& Lt w kcin - -at** fesi C94fil Eltoirs ‘&14,100e 11, lh c4. Q rdIgLf 1'Das fie 0 I� Cor-wy - str9t„ J,I Pc"- ;s(.-.y il,,, /4 46, This submittal needs to be scheduled fora puboc hearing in accordance with timelines set forth in the City of Miami Code.The applica de decision -making bcdywill renew the information at the pu no hearing le render a recommendation or a final decision. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 80 3.10 Table #2 "n NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca decision -making body will rodew the information at the pubc hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 81 Table #2 Continued This submittal needs to be scheduled fora puboc hearing in accordance with timelines set forth in the City of Miami Code.The applica de decision -making bcdywill renew the information at the pu no hearing le render a recommendation or a final decision. PZ-20-7953 01/15/21 eak1corrt allOwm zATictrU,iCverg') L+ pnvd IelI1644 i tt.W Cif ►r,M rs Liconits SY s i holicor - to — fvior —jeti--4444 - Own ('Fi/A sea. - br# A,k,7v akr f - atra-riSilliAri of4d TINO��parti$1, fior 143 tA1i� re4r:C 4 VfS, r �vo+ry(���►►99 canes Sensors, - n h+i+ s al h hoi S spa) 1, /6001, pf y , t Sew ▪ panifealtrecAt l• oe-ej Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 82 3.11 Table #3 YG'r.r` \ at¢ S of 0rt 6y'I/:al fI, rbP SD ak6A1. LiStri ei f This submittal needs to be scheduled fora puboc hearing in accordance with timelines set forth come City of Miami Code.The applica de decision -making bcdywill renew the information at the public hearing to render a recommendation or a final decision. PZ-20-7953 01/15/21 z-- — - — �� If-1 M/7{J/ I ' LG mmQrc ;ri f S�o,p7 i // _aUyGarL , ___ 1rj ramfL.rI r — r rW-"IIr j irk "hiI11 3purce ceretrY/ t r t/I CaA*yz t v ti I II I ;try °l ,.ati,heS A7o pooc rk;,,y p Vgae,.,.//;it'd$ri4Yawe! i Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 83 •lr • 1 •P -thr re Table #3 Continued (raj Irk Vitas. Una . kk( riy la divej*-0,1 jrIAIN co ijorti -IIIt OPTsjt aliment- r• r o.I '~— itima 1 This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Miami Code.The applica de decision -making bodywill renew the information at the pu no hearing le render a recommendation or a final decision PZ-20-7953 01/15/21 •— v yir firer' c fs„.„ tdpkar) �d411M mom G;,1 I a ttyyy 1 1014'eil pAI F • frAl Sate* .411k. It licor'l cif° Se �e ter#c c., wage 4 drier El FP filvirrno &pine rrl Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 84 Table #3 Continued This submittal needs b be scheduled for a pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -ma long body will rodew the Information at the pubc hearing to render a recommendation or a final decla on. PZ-20-7953 01/15/21 _ •ti rf>> 1r*' ▪ ha cor-13,43.1 t!'je siwipiA • o n l rksoi VV k. r r ra#id 6.14oil/ pet: i V.),',, #,,el 4 NJ *MINDS, Its fw 4f...., - . toil toyard gerild eh; yeiadd x. : ne +67.19,040 ae7sa 1a ,rr.lyrw+ (L&F J Trifii& c,u:ow ) Orft �rrr s 1,�+..r1r1 - rsc Cl:itrls r 1+.�004 041 elaMorler.cr•f rce ` t.iou fry C#ril'►` tilts; k It -Spam Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 85 This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will review the information at the pubc hearing to render a recommendation or a final decla on. PZ-20-7953 01/15/21 -tU�iT ft; .,"` Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 86 Table #4 Continued 12:1V1_ • '11V'a a• drylfr arc} Wunook/ ▪ ,fiero4 • 1�,do�+s 14{4 � Le ADA - ABC Cal • on tolle4 SIC Cf tr►os ▪ Ltkly rooms C Spekiots) • J'1"ro�rn Z nS .�diva e��cloon . �.1• s ?.1 64 Mkt 92, & ver, 2 Rave A Sra,EL- r dayzoie -60,44 7 t%n, '/ P lam► • 111, Po045 and s e voI( T° re.►,t -rap Walt b4S sires Oerries4r114 fo 5 ;AI 5ECUin 's J Aye ;ssLe • �r� rc. nv f t watI it' c to �r,s • FIe i^ ln • Lre6 Adt4'OR tSe►;57-#AT L ;42 CAW Ciotri fsfeAvi NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set torah in the City of Miami Ccde.The applica de decision -making bcdy will renew the information at the public hearing to render a recommendation or a final decision. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 87 Table #4 Continued TA6-E'1 • I, _+..ice • w 111, Ivy Se--A17 A. 4-40uy I• %,l coR4.,f • shrk� ' all d • Biro., +7 bt. ►I uA •CoAM4,AIC Cyr . Lay rodleK • Sr.01C 5e,W1 • Flk• +r4dtef like 7041 Inc isino •A tag I * fed4 sr £1,.1,itel • 70 spc gP kw,4C 41,1141 • t..r • r3a ,rt, • P!k*/ I( 54rke 4) talk' •Serssl fit ;, fv+! • "9S Lift evo,,,1 oa This submittal needs to be scheduled fora puboc hearing in accordance with timelines set forth come City of Miami Code.The applica de decision -making bcdywill renew the information at the pu no hearing le render a recommendation or a final decision. • Glrysl.n ' Scc,447 it a „l,,f ss+c fctA}Cato/ te4•S 1 4,0 • '+ate frOttli c +,Qs gotta Crkitylt. f '.14+Ir_ Hl ij 1. • Klatt, hv.Kbur sr,� t 4wrl 6-Acc es 14+k4 use I n °PG flivr'ngirtl,;f PZ-20-7953 \ 01/15/21 St 1. A01 tetchy, Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 88 M IAM I•D,ADE COUNTY COUNTY Meeting Date: Project: Subject: Meeting Location: Attendees: 4.1 MEETING SUMMARY September 15, 2018 (Saturday) Redevelopment of Rainbow Village and Gwen Cherry 23C Miami -Dade Public Housing and Community Development Resident Meeting #4 NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubc hearing to render. recommended on or a final decla on. Time: 8:00 AM — PZ-20-7953 01/15/21 Culmer Community Action Center, 1600 NW 3rd Ave, Miami, FL 33136 See Sign -in Sheet at the end of this document OVERVIEW: The purpose of this meeting was to engage the residents of Rainbow Village and Gwen Cherry 23C to a Pen -to -Paper workshop Session. The meeting was held on Saturday, September 15, 2018, at the Culmer Community Action Center, 1600 NW 3rd Ave, Miami, FL 33136 from 8:00 a.m. to 11:00 a.m. II. WELCOME: Mr. Irby McKnight, a co -facilitator, community liaison and Greater Bethel AME Church board member, welcomed the residents and gave the invocation. Charesse Chester (Creativision MEDIA) recognized Miami -Dade County Commissioner Audrey Edmonson (District 3) and her staff. Commissioner Audrey Edmonson welcomed the residents and expressed her interests in hearing the residents' priorities regarding the redevelopment. Ms. Chester welcomed the co- facilitator Ralph Rosado (Rosado & Associates). Before his presentation, Dr. Rosado reiterated that residents PHCD staff members were available to respond to any questions related to their units. Dr. Ralph Rosado opened with the Explanation of activities for the day • Green Dot ("Like") and Red Dot ("Dislike") Exercise • Table exercise 1: Discussion of Green Dots ("Likes") for the community • Table exercise 2: Discussion of Green Dots ("Likes") for individual unit • Table exercise 3: Discussion of what things would be "nice to have" (versus "need to have") • Table exercise 4: Discussion of Red Dots ("Dislikes") for the overall project and for units • Table exercise 5: Sketch Session • Presentations to the Room (1 person per table): showing sketches and explaining "Likes" and "Dislikes" Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 89 Redevelopment of Rainbow Village and Gwen Cherry 23C Resident Meeting #4 III. MEETING DISCUSSION HIGHLIGHTS Table 1- Drucilla NOTICE This submittal needs to be scheduled bra puboc hearing In aaordancc whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will review the information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 • Family condos, kids • Senior units, separation of family types • Seniors closer to the bus routes • 3 story building for the younger families • Security Cameras (24/7/365) • Larger, Impact Windows • Better, Brighter Lighting • Key Fob Entry/Card Entry/Extra Security Measures for Visitors/Periodically Change Entry Code • Staffed Lobby (security guard that can accept packages and monitor/patrol exterior of Property) • Motion Sensor Lights • Smoke Sensors • Gym • Clubhouse/Community Center (w/ TV, esp. for kids) • Computer Lab w/ Printer/Copier • Trash Chute • Internal Mailroom • Elevators • Walk Path w/ Well -Lit Benches & Seating Areas that Discourage Loitering • More Shade Trees/Better Landscaping • Park/Play Area • Pet Park • More Storage Cabinets (Some ADA) Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 90 Redevelopment of Rainbow Village and Gwen Cherry 23C Resident Meeting #4 • Bigger, Better Countertops (Granite) • Stainless Steel, Double -wide Refrigerator • Dishwasher • Better Toilets • Washer and Dryer Units (Preferably Not in Kitchen) • Balconies • Doorbell • More ADA Units, Placed on 1st Floor, with ADA Bathrooms, Kitchens, Higher Toilets, Bathroom Handrails, Wider Front Doors with Lower Peepholes Table 2- Paulette NOTICE This submittal needs to be scheduled bra pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will review the information at the pubc hearing to render a recommended on or a final decla on. • Parking lots outside of complex, units inside • Community Center • Access key • Security booth • Separate of family lights • Sensors lights • No retails under, small stores, same business already in community • Exercise classes • Speed bumps • NC • Washer and drawers • Balcony • Railings for restrooms • Large kitchen countertops • Larger bedrooms PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 91 Redevelopment of Rainbow Village and Gwen Cherry 23C Resident Meeting #4 • Marble tiles • Window Tinting • Assigned Parking • More handicap spaces • Speed limits for kids in area • Light, pretty colors for building Table 3 — Melissa CAUTION Now. AREA PERSQ TEMPORARILY PROTEC1IO� CLOSED IN NOTICE CFANG! • Slip proof grips in bath tub • Handicap toilets • Vanity • Tile flooring • Regular inspections Kitchen • lower cabinets • Granite counter tops • Electric stoves • Double sinks Bedrooms • Tile flooring • Ceiling fan • Walk in closet • Hallway- storage area for washer and dryer Community Room • Fitness center • Mailroom inside NOTICE This submittal needs to be scheduled bra puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will roldew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 92 Redevelopment of Rainbow Village and Gwen Cherry 23C Resident Meeting #4 • Trash shoot • Windows- impact Exterior • Lots of lights • Rest areas • Visitors parking • Assigned parking • Security card • Commercial space • Pool- wash off area • Cameras • Trees • Landscaping • No curfew for residents, but limit to visitors • No garbage dumps on outside Table 4 -Eric • Washer/drawer • Restroom-tub handicap • Center NC own thermostat • Kitchen large cabinets, new appliances • "Walk-in" closets • Units multiple uses, visitor area, computer lab • More trees outside • Benches • Outdoor barbeque areas • More spaces sidewalks • "Bike -friendly" areas • Building registered to 5 floors NOTICE This submittal needs to be scheduled bra puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca decision -making body will review the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 93 Redevelopment of Rainbow Village and Gwen Cherry 23C Resident Meeting #4 • Mixed -use, retail commercial and living • Security • Separate parking spaces • Assigned parking • Reduce public parking • Bigger units • More trees outside NOTICE This submittal needs to be scheduled bra pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will review the information at the pubc hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 Closing remark: Dr. Rosado: I wanted to thank everyone for coming out today and hope to see you all at the next meeting. IV. END OF MEETING SUMMARY This meeting summary is not a word-for-word transcript; it is a summary of the questions and comments. If you feel that clarifications are necessary, or if this differs from your understanding, please notify Charesse Chester by telephone at 305-944-7564 or by email at info@creativisionmedia.com within five (5) working days upon receipt of this summary. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 94 ,gyp PUBL/c • NOTICE This submittal needs b be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Ccde.The applica de decision -making bcdy will review the infonnaion at the pubc hearing to render a recommendation or a final decision. COUNTY Resident Meeting #5 Funding Sources and Programs/ Initial Review of RFP Draft October 9, 2018 M IAM I•DADE COUNTY COUNTY Meeting Date: Project: Subject: Meeting Location: Attendees: 4.2 MEETING SUMMARY October 9, 2018 (Tuesday) Redevelopment of Rainbow Village and Gwen Cherry 23C — Miami -Dade Public Housing and Community Development Resident Meeting #5 NOTICE This submittal needs to be scheduled fora puboc hearing In aaordancc whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubc hearing to render. recommended on or a final decla on. Time: 6:00 PM — PZ-20-7953 01/15/21 Culmer Community Action Center, 1600 NW 3rd Ave, Miami, FL 33136 See Sign -In Sheet at the End of this Document OVERVIEW: The purpose of this meeting was to discuss the redevelopment of the Rainbow Village and Gwen Cherry sites with current public housing residents and address their questions and concerns. The meeting was held on Tuesday, October 9, 2018, at Culmer Community Action Center, 1600 NW 3rd Ave, Miami, FL 33136 from 6:00 p.m. to 7:00 p.m. II. WELCOME: Mr. Irby McKnight, a co -facilitator, community liaison and Greater Bethel AME Church board member, welcomed the residents and introduced Richard M. Barry (Retired Father of Saint Agnes Church) to give the invocation. Charesse Chester (Creativision MEDIA) recognized Miami -Dade County Commissioner Audrey Edmonson (District 3) as well as Miami -Dade Public Housing and Community Development Director Michael Liu. Commissioner Audrey Edmonson welcomed the residents she stated how happy she was to see the residents attending the meeting as well as reminding the residents not to let anyone make decisions for them. Commissioner Edmonson also reminded the residents the importance of writing your questions and comments down on a comment card. Ms. Chester then went over the objectives regarding the meeting and then introduced the members of the Miami -Dade Public Housing Community Development (PHCD) team, Michael Liu (Director); Jorge Cibran (Development Division Director); Marta Pascal (Staff Member); Jose A. Rodriguez (Development Division Manager); Jorge Orol (Construction Manager II); Ms. Chester stated that other members of the PHCD staff could answer any questions concerning their current units. Ms. Chester introduced the meeting co -facilitator Dr. Ralph Rosado (Rosado & Associates). Before his presentation, Dr. Rosado reiterated that PHCD staff members were available to respond to any questions related to their units. Additionally, Dr. Rosado indicated there was a sign -in sheet at each table for issues with existing units. Dr. Rosado opened his presentation with a summary of notes captured from earlier Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 95 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #5 meetings. Dr. Rosado reviewed a list of priorities that residents mus sites are being developed: 1. Resident Input — What you say is very valuable to us. You will see y throughout the presentation slides. 2. The rules that are in place for building on these sites — Rainbow Villag Cherry 23C were developed before we had big storms, hurricanes, and so forth. ese aspects of new rules or building codes have been developing. Therefore, any building that is built after 1992 is stronger than structures built prior to this year. 3. Building Code and Zoning Requirements — In order to build here, there are local rules that must be followed. 4. HUD (Housing and Urban Development) regulations — HUD is a federal agency that imposes many regulations to govern the way this process will move forward and what can be done. 5. Funding, Financing, and Market Considerations — At some point later this year, this project will be put out to bid for somebody to respond with a proposal. Hopefully, there will be several responses. The proposals that move forward are generally the ones that propose something consistent with funding and project requirements. There are also additional federal resources and local resources. • Public Housing and Non -Public Housing - To ensure the project will work financially, there will have to be market rate units included in the redevelopment. NOTICE This submittal needs to be scheduled bra puboc hearing In aaordance whh Idmatinee set forth in the City of Miami Code. The appLIca o decision -making body will rodew the Information at the pubc hearing to render a recommendation or a final decla on. PZ-20-7953 01/15/21 6. Crime Prevention Through Environmental Design - It is impossible for law enforcement to be everywhere. There are a series of design elements to assist in making crime prevention efforts work. Dr. Rosado gave a brief review of the public engagement process and the upcoming meeting dates and topics Resident Engagement: Meeting Dates • October 29 , 2018 - 6pm - Final Review of RFP Draft III. MEETING DISCUSSION HIGHLIGHTS Dr. Rosado discussed gave a brief recap of items that were discussed during previous meetings as well as a recap of the Saturday Pen -to -Paper session and also explained the RFP documentation: Florida Housing Finance Corporation (FHFC) Programs and Other Funding • Low Income Housing Tax Credits (LIHTC) is a tax credit against federal income tax liability which provides an incentive for investors to provide funding for affordable housing. • LIHTC is the most important tool to create and preserve affordable housing and has been used on many PHCD public housing redevelopments (e.g. Liberty Square, Jack Orr, Three Round Tower A, Martin Fine Villas, etc.). • The State Apartment Incentive Loan program (SAIL) provides low -interest loans for the construction of units affordable to very low income individuals and families. • The State Housing Initiatives Partnership Program (SHIP) provides funds to produce and preserve affordable multifamily housing. SHIP dollars may be used for new Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 96 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #5 construction, rehabilitation, acquisition of property and home programs. This program serves very low, low and moderate Other Funding • The twelve Federal Home Loan Banks around the country issue their Affordable Housing Program (AHP). AHP grants can be used redevelopment through an annual competitive process. • HOME Investment Partnerships Program is funding from HUD for a wide range of activities including building, buying, and/or rehabilitation of affordable housing for low-income households. NOTICE This submittal needs to be scheduled for a public hearing in accord ance vet timelines set forth in the City of Miami Cede. The applleable decision-makIng body will review the Information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 • Community Development Block Grant (CDBG) is funding from HUD, which can be used in redevelopment projects for infrastructure improvements. • The Miami -Dade County Documentary Stamp Surtax (Surtax) Program places a surtax on documents that transfer interest in commercial real estate. Miami -Dade County receives $0.45 per $100 value. Surtax funds provide loans to developers to fund redevelopment projects for very -low to moderate -income families. Rental Assistance Demonstration (RAD) • PHCD currently oversees approximately 9,000 public housing units, of those units, 2,400 have been redeveloped or are in the process of being redeveloped. • On August 30, 2018, the County transmitted to HUD a letter of interest and is working with HUD on obtaining a reservation of the 6,426 units to redevelop public housing units agency -wide, including Robert King High. • The RAD program is designed to restructure rental assistance to public housing. It allows for the conversion of public housing to site -based subsidy. • RAD will allow PHCD to address many more redevelopment projects in a shorter time than it can under present funding options. • RAD spurs financing of public housing developments and the use of equity such as 4% or 9% LIHTC and other funding sources. Lenders understand RAD and are willing to provide financing. • RAD provides a more stable funding platform for rental subsidy. Public Housing has seen funding cutbacks over the years by Congress. Site -based subsidies, however, have not been subject to these same cutbacks. This provides more funding for maintenance and operations for long-term sustainability of developments. • Resident rent contribution will be the same as it is under the public housing program; no more than 30% of the household's adjusted income. • One -for -one replacement of public housing units is required. • The RAD program will be administered consistent with fair housing and civil rights requirements. • There are significant safeguards under RAD for residents such as: guaranteed right of return; no resident recertification on move -in; grievance process; right to organize and funding for resident councils. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 97 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #5 Opportunity Zones • Opportunity Zones (OZs) are a new community development established by Congress in 2017. OZs are designed to encoura capital investment in low-income urban and rural communities. This submittal needs to be scheduled bra puboc hearing In aaordancc whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will rodew the information at the pubc hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 • OZs provide a tax incentive to investors to invest in Opportunity Funds, which provide an important low-cost funding source for renovation and redevelopment. • Federal regulations are currently being drafted to provide more specific guidelines on how Opportunity Funds will be operated and are expected within the next 6-9 months. Initial Review of Draft RFP 1.2 DEVELOPMENT GOALS AND PROJECT INFORMATION: • The County seeks to match qualified developers who have successful experience in obtaining project financing and can aggressively pursue all available funding sources. • The County seeks proposers who can provide employment opportunities for very low-, low-, and moderate -income residents, and improve the quality of life through the development of County site(s). The County seeks firm commitments in the hiring and training of very low-, low- and moderate -income individuals, Section 3, minority and women -owned business participation, resident job training, job creation and other initiatives as further enumerated in this RFP. 1.2.1 Project Information and Requirements: • The existing Rainbow Village Public Housing Development contains 100 public housing units, Gwen Cherry 23C contains 36 public housing units (total of 136 existing public housing units). Both public housing developments are located in one contiguous property consisting of approximately 10.39 acres. There is an existing stand-alone daycare building at the site that is managed by Rainbow Community Development Corporation (CDC) under a Community Space Lease with PHCD. The daycare shall not be taken out of service until a new daycare is built in the redevelopment. • Subject to HUD approval of the County's demolition/disposition application, existing public housing units at Rainbow Village and Gwen Cherry 23C will be demolished in phases and replaced with a mix of new public housing, affordable, workforce market rate housing units (i.e. the new units) and other uses, as applicable. For the purpose of responding to this RFP, proposers shall make the following assumptions: • In order to expedite completion of the project, developers may offer a privately - owned site for which they have site control and is in close proximity to the Project Site (i.e. Additional Site), to be included as part of the project. • The awarded developer shall implement a phased development approach which, to the greatest extent possible, shall mitigate inconveniences to residents during demolition and new construction. For example, building in open areas of the site first, so that residents may transfer to new units from their existing units. • No phase of the project shall contain more than 50% of its units as public housing Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 98 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #5 units, with a goal of providing a mix of unit types throughout phases as possible. • The awarded developer shall provide a written natural disast activities required before, during and after a natural disaster. • A kitchen on the first, second or third floor of a building that can be food for the residents after a natural disaster; This submittal needs to be scheduled bra puboc hearing In aaordancc whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will rodew the information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 • A community room on the first, second, or third floor of the development that has air conditioning where residents can go during and after a natural disaster; • A kitchen and/or community room on the first, second, or third floor of the development that has water supplied by a pump connected to a generator during and after a natural disaster;• • A comprehensive redevelopment approach is required for the project. The selected developer shall work cooperatively with PHCD, Rainbow Village and Gwen Cherry 23C residents, their resident council, and other stakeholders including the City of Miami (including City Manager, Building and Zoning, etc.) the School Board, City of Miami Police Department, social services agencies, community groups, private foundations and companies, etc. This redevelopment is not only about bricks and mortar but also about the community and its residents. • A comprehensive community engagement process was coordinated by PHCD for the project. Residents of Rainbow Village and Gwen Cherry 23C, as well as the community participated. A series of meetings took place and included the following subject matter: • (1) Kick-off Meeting; (2) Housing Types/Community Features/Unit Amenities/Exterior Spaces; (3) Public Safety/Community Services/Economic Development; (4) Pen -to -Paper Session; (5) Financial Strategies/Initial Review of RFP Draft; (6) Financial Strategies/Final Review of RFP Draft. The community engagement process, including a pen -to -paper session where attendees participated in facilitated exercises, intended to gain group input on "likes" versus "dislikes" and "nice to have" versus "need to have". A comprehensive report summarizing the community engagement process and results is provided herein as Attachment A. The developer shall carefully review the attached report and shall/ must incorporate into their proposal responses to the recommendations contained in said report. Note, however, that the following are requirements of this RFP, which shall be provided by proposers for the project, in addition to any other requirements of the RFP. Community Features / Common Areas: • Security system/Cameras • A security guard in the lobby • Impact windows and doors* • Tinted windows • Designated guest parking • Assigned resident parking Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 99 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #5 • Speed bumps in the parking area • Better lighting than existing* • Key fob entry or card entry • Elevators* • Motion sensor exterior lights • Gated parking lot with key fob entry or card entry • Computer Lab/Print Lab • Public WiFi • Clubhouse/Community Center • Bike path/Bike parking • Pool within project site • Gym/Exercise room • More trees/shade than existing site • Park area within project site • Possible pet park area within the park (2 of 4 tables asked for this) and/or splash pad (1 table) • Gazebo with BBQ This submittal needs to be scheduled bra puboc hearing In aaordancc whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will rodew the information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 • Walk path (coordinate for possible art in public places project; refer to Section 1.16 of RFP) • Homeownership within project site — Residents didn't request this. • Accessibility -Compliance with Uniform Federal Accessibility Standards (UFAS) (refer to Section 1.3 of RFP); including improved ADA access to buildings, such as a pick-up/drop-off area, and ADA parking spaces closer to buildings. Retail / other beneficial uses (as proposed by developer) Unit Amenities: • New units to be larger than existing units • Washers and dryers in each unit • Central NC • Flooring — Residents were split on this: 2 tables requested tile (specifying no carpet), while the other 2 requested marble or wood (specifying no tile or carpet). • Bigger windows than existing units • Emergency (operable) windows in various rooms • Impact windows* • Tinted windows Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 100 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #5 • Modern kitchen cabinets with more storage • Granite countertops or comparable • Other kitchen requests: stainless steel, double -wide refrigerat dishwasher; microwave over stove; exhaust fan • Energy -efficient appliances • More electrical outlets • Double -bowl kitchen sinks This submittal needs to be scheduled bra puboc hearing In aaordancc whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will rodew the information at the pubc hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 Accessibility -Compliance with Uniform Federal Accessibility Standards (UFAS) (refer to Section 1.3 of RFP) • Bedroom: walk-in closets; ceiling fans - These were requested. • Bathroom: slip -proof, walk-in shower; larger tubs with seating; plenty of cabinet space; better toilets - These were requested. • Miscellaneous: balconies; doorbell - These were requested. Miscellaneous: • Hiring opportunities for project for Overtown residents and Business (refer to Section 3.13 and Section 3.14 of RFP) - This wasn't requested. • Adequate maintenance staff for regular and timely maintenance • Pest control • Other property maintenance items: Stricter regulations for tenants/more frequent unit inspections; smoke -free buildings • Traffic related improvements (traffic lights, buses, trolley, etc.) (coordinated by developer with County, City and other applicable agencies) • Safety: curfew for use of outdoor areas • Including some rowhouses or townhouses • 2 tables requested that all buildings on -site be 10 stories or fewer; 1 table specifically asked for 5 stories or fewer. • Better quality, light-colored exterior building paints • Dislikes: no alleyways or dark areas; visible garbage containers; abandoned vehicles - Tenants mentioned these as things they don't want to see. • In addition to the resident engagement process held by PHCD and indicated above, the awarded Developer shall also hold a series of meetings in consultation with and direction of PHCD, to review all aspects of their development approach with residents and obtain their input. • All Rainbow Village and Gwen Cherry 23C public housing residents will have the right to occupy new public housing units once these are completed. Proposers shall use 136 public housing units as the minimum number of public housing units that will be replaced (one -for -one replacement). Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 101 0 PU$t:/ Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #5 • The proposer shall make its own evaluation and determinati number of overall units, (in addition to 136 public housing un units, workforce and market rate units and other uses to ach mixed -income approach. 1 • The design of the project shall include Crime Prevention Through Design (CPTED) strategies, in addition to meeting with police and of can provide beneficial input for additional crime prevention initiatives. (Refer to section 1.4 — Definitions, for detailed description of CPTED). RESIDENT JOB TRAINING, EMPLOYMENT, SECTION 3, SMALL AND MINORITY FIRMS, WOMEN -OWNED ENTERPRISES AND LABOR SURPLUS AREA FIRMS PLAN AND COMMITMENTS: NOTICE This submittal needs to be scheduled fora puboc hearing In coordanre whh tl mellnes set forth in the City of Miami Code. The applicade decision -making body will revewtheinfonnation at the pubkc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Rb! E 4sN co os Employ Miami • Miami -Dade County Mayor Carlos A. Gimenez, "CareerSource" South Florida, Neighbors and Neighbors Association (NANA), and other local agencies have partnered to offer a Construction Certification Training to help put eligible Miami -Dade County residents back to work. • Employ Miami -Dade has three goals: 1) connect employers who need workers with those workers; 2) provide the skills training necessary to prepare our residents to enter the workforce; and 3) ensure that Miami -Dade residents are first in line to be considered for jobs. Explain training programs that will be implemented for construction and post construction jobs, including the proposer's commitment of the number of jobs that will be provided. (Requirements of this paragraph are threshold items (refer to Threshold Requirements definition). • Section 3 of the HUD Act of 1968 requires that job training and employment opportunities be directed to businesses that are owned by, or that substantially employ low or very -low income persons (see Exhibit B). Describe proposer's commitment to job training classes for residents, capacity per class, and trade covered for each class. Provide evidence and documentation (i.e. work plans, Memorandum of Understanding (MOU) etc. (Requirements of this paragraph are threshold items (refer to Threshold Requirements definition). • Describe proposer's firm commitment for total number of Section 3 jobs to be created and breakdown by trade during construction and post -construction. Provide evidence and documentation (i.e. work plans, signed MOU's, etc.). (Requirements of this paragraph are threshold items (refer to Threshold Requirements definition). • Identify certified Section 3 businesses and other certified small and minority firms, women -owned enterprises and labor area surplus firms that are part of the development team, and additional firm commitment on number of participating sub- contractors and suppliers that will be certified Section 3 or other certified minority - owned businesses. Provide evidence of participation and/or documentation to support commitment and ability to access resources (i.e. past experience, signed MOU's, etc.). (Requirements of this paragraph are threshold items (refer to Threshold Requirements definition). • Note: Special emphasis is required by the developer for individuals and for Section 3 businesses and/or other certified small and minority, women owned enterprises and labor area surplus firms, who reside or have offices located within zip code 33127. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 102 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #5 3.14 PROPOSED DEVELOPER MENTORING PROGRAM: • Describe the proposed plan for a Developer Mentoring Prog businesses and other certified small and minority firms, wom enterprises and labor surplus area firms and identified particip individuals (herein firms and/or individuals). The mentoring program should inclu experience and training for firms and/or individuals indicated herein in the entire development process, including the redevelopment of this project. (Requirements of this paragraph are threshold items (refer to Threshold Requirement definition). • MOU's shall be signed prior to award of contract. This submittal needs to be scheduled bra pubic hearing In aaordxnre whh timelines set forth in the City of Miami Code. The applIra He decIsion-ma Xing body will reulew theinbnnatlon at the public hearing to render a recommendation or a final decla on. Dr. Ralph Rosado's complete presentation is attached to this document. SUMMARY OF QUESTIONS AND CONCERNS (All questions were addressed by Development Division Director Jorge Cibran except where noted.) This section provides an overview of the questions received during the meeting. Copies of the written questions received are included at the end of the summary. Q: (Resident) Me preocupa que las unidaes son mas grande y no suben el alquiler. A: The resident expressed concern about rent going up since units would be larger. The rent is going to be the same. It shall follow the same percentage that you currently have now. Q: (Resident) What is the date we have to leave the unit? A: It's going to take a little bit of time. Just so you understand the process, before we get to that point, we will send you a 90-day notification letter, telling you the relocation date is approaching. Before the 90 days, we will meet with you and go through the entire process. We will cover how you are going to move and much more. By the way, you are not going to pay for moving expenses, so no worries there. We will meet in smaller groups of five families at a time and tell you all of the requirements and the logistics, so that you feel comfortable in how you are going to move and how you are going to move back into a unit. You will know all of that information far in advance. Q: (Resident) Will we be having moving expenses? A: No Q: (Resident) Will we have to pay a deposit when we leave the unit? A: No Q: (Resident) Will all the buildings be torn down all at once? A: No, as I indicated, in the RFP, this is a phased approach. For example, there are certain open areas within the site where the developer can build first and then folks can move from the surrounding areas into those units. Once they move from those units, there will be areas where they moved from to be developed for others. Plus, we also have the option of an alternate site if by any chance the developer has an alternate site, that provides even more flexibility and ability to go faster. Q: (Resident) Are we receiving vouchers? A: As we get further into the project, we can discuss vouchers. Vouchers are based on availability, but as the project goes on, if that is an area of interest we can explore. We can Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 103 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #5 take your name and notify you regarding availability of vouchers. Q: (Resident) Upon moving out who pays for the move and whe going? A: We have already answered paying for the move from previous ques probably be moving from your existing unit to the new unit under a phase Again, developers may provide us different ideas. They may have different idea how that can be accomplished. The requirement in the RFP is to minimize any inconvenience to you, so that you don't have to be moving all over the place. This submittal needs to be scheduled bra puboc hearing In aaordxnce whh timelines set forth in the City of Miami Code. The applicable decision -ma Xing bodywill review The information at the pu bec hearing to render a recommendation or a final decla on. Director Liu (Comment): Just a clarification for the questions about the deposit. Mr. Cibran was assuming just as he explained that you in most cases will be moving from your existing unit into a new unit. So, the deposit that you have on record in your existing unit will transfer over to the new unit. So, in most cases, there will be no additional deposit. Now, on the outside chance that some of you may decide that you want to temporarily leave because of construction, then when you leave you will get your deposit returned. Once you return into the old unit, you will be required to give a deposit. It will be under the same formula that you currently have now. There is a right to return; there is no rescreening when you come back, but you will have to go through an annual recertification. HUD says we cannot put you through another screening process, once you return using the Rental Assistance Demonstration (RAD) program. Q: (Resident) What are the requirements to get your unit back? A: You must be a resident currently residing in those public housing units. As we have indicated in other presentations, it is a one -for -one replacement, so the same number of units will be built. You can go from your existing unit to a right sized unit. Q: (Resident) Will our rent be the same when we move back? A: Yes, basically it will be the same as it is now. It will still be based on a 30% calculation of income, same as you all have now. Closing remarks: Irby McKnight (Community Liaison): I am here in this room every morning Monday through Friday as a volunteer. Rainbow Village and Gwen Cherry scattered sites are not the only public housing place that are being redeveloped. Culmer Gardens and Culmer Place are also being redeveloped. For those reasons, I think we should give our commissioner a round of applause. That is 15% of the housing community. We also have another meeting on October 29th we will be back in this room. We expect you all to be here. When the RFP goes out and they see the items you requested, you need to come back and make sure your requests are fulfilled. We have to fight along with our Commissioner for the redevelopment to look the way we want it to. Commissioner Edmonson: Thank you for coming out, if you would like to contact me at 305-636-2331. Ms. Chester: We want to recognize Neighborhood Enhancement Team (NET) Commander Cook and his staff. Again, the website is rainbowvillagegwencherry23c.com Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 104 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #5 IV. END OF MEETING SUMMARY The meeting summary, not a word-for-word transcript; it is a summa questions and comments. If you feel that clarifications are necessa from your understanding, please notify Charesse Chester by telepho 305-944-7564 or by email at info@creativisionmedia.com within five (5) upon receipt of this summary. This submittal needs to be scheduled bra pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will rewewihe information at the pubc hearing to render e recommendation or a final decla on. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 105 4.3 Presentation of Meeting #5 Redevelopment of Rainbow Village & Gwen Cherry 23C Miami -Dade Public Housing and Community Development Redevelopment of Rainbow Village & Gwen Cherry 23C Agenda 6-6:l0pm Welcome and Introduction to Community Engagement Meeting - Irby McKnight In order to ensure that we have enough time to cover all the information for today's agenda, please write your questions and comments on notecards, and we'll pick them up and respond to them during Public Comments. 6:10-6:13pm Objectives for this Meeting — Charesse Chester Objective 1 - describe resident engagement process Objective 2 - remind of project history and fundamentals Objective 3 - summarize Pen -to -Paper Session Objective 4 - discuss Initial RFP NOTICE This submittal needs to be scheduled bra puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 106 Redevelopment of Rainbow Village & Gwen Cherry 23C Agenda 6:13-6:15pm Reminder: PHCD Introduction of Miami -Dade County Commission Vice Chairwoman Audrey Edmonson and Public Housing & Community Development (PHCD) Personnel — Charesse Chester Michael Liu, Director, PHCD Jorge Cibran, Development Division Director, PHCD Karen Arndt, Construction Manager II, PHCD Jorge L. Orol, Construction Manager II, PHCD staff is available to answer questions about current units, on a one-on-one basis. 6:15-6:20pm 6:20-6:25pm Objective 1: Describe Resident Engagement Process — Ralph Rosado Objective 2: Remind of Project History and Fundamentals — Ralph Rosado Redevelopment of Rainbow Village & Gwen Cherry 23C Agenda 6:25-6:40pm Objective 3 — Summarize Pen -to -Paper Session — Ralph Rosado 6:40-7:10pm Objective 4 — Discuss Initial RFP — Ralph Rosado 7:10-7:40pm Public Comments — Charesse Chester NOTICE This submittal needs to be scheduled fora puboc hearing In ac ordanrewkh timelines set forth in the City of Miami Code. The appLIca decision -making body will redew the Information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 107 Redevelopment of Rainbow Village & Gwen Cherry 23C Resident Engagement: Meeting Dates • Monday, June 7, 2018 - 6pm — Meeting #1 - Kickoff Meeting - completed • Monday, June 18, 2018 - 6pm — Meeting #2 - Housing Types/Community Features/Unit Amenities/Exterior Spaces • Monday, September 10, 2018 - 6pm — Meeting #3 - Public Safety/Community Services/Economic Development • Saturday, September 15, 2018 - 8am-noon — Meeting #4 - Pen -to - Paper Session • Tuesday, October 9, 2018 - 6pm — Meeting #5 - Initial Review of RFP Draft • Monday, October 29, 2018 - 6pm — Meeting #6 - Final Review of RFP Draft Redevelopment of Rainbow Village & Gwen Cherry 23C Project History • Rainbow Village was built in 1970, and Gwen Cherry 23C was built in 1973. • Pursuant to RFP #794, the Board of County Commissioners awarded redevelopment of Rainbow Village to Biscayne Housing Group, LLC & Gwen Cherry 23C to New Rainbow Community, LLC, on November 15, 2011 (Resolution R-1026-11). • Developers were unable to secure funding to proceed with redevelopment. NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 108 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Redevelopment of Rainbow Village & Gwen Cherry 23C Why Now? • March 22, 2018 — federal budget approved • HUD has lifted the cap on projects that can be submitted for the Rental Assistance Demonstration (RAD) program, which will assist in redevelopment of public housing projects. • Tax credit allocations were approved which continue to provide a major portion of redevelopment funding. • Approval by Governor Rick Scott of Opportunity Zones (Tax Cuts and Jobs Act) including census tract 31, which includes Rainbow Village and Gwen Cherry 23C • Funding from the Southeast Overtown/Park West CRA Redevelopment of Rainbow Village & Gwen Cherry 23C Rainbow Village 100 existing PH units Gwen Cherry 23C 36 existing PH units All public housing residents will be able to return to a public housing unit in the new redevelopment (one -for -one replacement of 136 existing PH units). Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 109 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Redevelopment of Rainbow Village & Gwen Cherry 23C Project Feasibility Considerations Multiple factors must be evaluated and considered to make a redevelopment project viable: • Resident input • Building Code and Zoning requirements • Size of the project site (approx. 10.39 acres) and best use of allowed density • Open space, parking, driveways, interior roads, building footprints, setbacks, etc. (fit project elements cohesively on site) • HUD regulations • Funding, financing and market considerations • Mixed -income development with different housing types (public housing, affordable, workforce, market -rate, and homeownership) • Market -driven and successful retail/commercial office space • Crime Prevention Through Environmental Design (CPTED) Strategies 9 Redevelopment of Rainbow Village & Gwen Cherry 23C Pen -to -Paper Session • Saturday, September 15 — 8am-llam • Two Parts: (1) Visual Preference Survey — Using colored strips (Green Strips="Like" Something/Reddish Strips ="Dislike" Something), residents & other participants will let us know what you like & dislike in terms of building styles, unit amenities, etc. (2) Table Presentations — Each table, with the help of a design professional, will prepare a basic design and a list of what you would like to see as part of the project. Each table will select a resident to serve as spokesperson and explain to the whole room what you'd like to see. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 110 Pen -to -Paper Session: Visual Preference Survey REDEVELOPMENT OF RAINBOW VILLAGE & GWEN CHERRY 23C M;®D Amos Pen -to -Paper Session: Visual Preference Survey REDEVELOPMENT OF RAINBOW VILLAGE & GWEN CHERRY 23C ':slim unity cant. Daycare --. ReWspUMW d acece Adequate oriel gb5igrKy1 par kin9 Eby area Computer 1a4 `l I CCTVlseeurity sameia 'y� Gahm/seem lly at bi trill. V E erase andli island rr '., LLpdatedimncem stMtifffts reflect of 7:e Traffic Ight improvements Homeownership unr/s.. . — '- Homeownership workalrops Hire °vertnwn residenrs and businereka to work on prefer. Kay: rub access coned entry to cunrnor areas'. ttakight sensors. wars or moon defacers on all oar Iyhgag Build Wei rnfra9bucwre Pest comet -. - Pet Perk Canereters- to inch' a a generator power For at least re curnmurray Isom And rmmmornty area kitrhen NOTICE This submittal needs to is scheduled fora puboc hearing In accordancewhh timelines set forth in the City of Miami Code. The appli®Lie declslon-making body will review the information at the pubec hearing to render a recommendation or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 111 Pen -to -Paper Session: Visual Preference Survey REDEVELOPMENT OF RAINBOW VILLAGE & GWEN CHERRY 23C MIAANF �r r� a • New units Will be larger then exist Washers and 'flier 5 in each Cer Fligger"11.j ripaiet eung0. 'm a nsZ M,ri`,¢bjnero Granite c, T Ene'ge-ef lent eppl arnch Windom tr abnent]cove [o rble 'e6 kitchen s: f ctn Rater neater: f n :5 i Pen -to -Paper Session: Visual Preference Survey REDEVELOPMENT OF HA NBOW VILLAGE & GWEN CHERRY 23C MD Ri `pari .Exercise 1 pew NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The applice Lie docision-ma Xing bodywill review the information at the pubdc hearing to render a recommendation or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 112 Pen -to -Paper Session: Visual Preference Survey REDEVELOPMENT OF RAINBOW VILLAGE & GWEN CHERRY 23C MIA21 Pen -to -Paper Session: Visual Preference Survey REDEVELOPMENT OF M9AM RAINBOW VILLAGE & GWEN CHERRY 23C NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca decision -making body will review the information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 113 This submittal needs b be scheduled for a puboc hearing in accordance with timelines set forth in the City of Miami Code.The applica de decision -making bcdywill review the infonnaion at the pubc hearing to render a recommendation or a final decision. Pen -to -Paper Session: Visual Preference Survey REDEVELOPMENT OF Mlnnroar RAINBOW VILLAGE & GWEN CHERRY 23C ill. EMEF::EfiCY 11EMt�LES KEC3'GLERB AT � ALLi1NES Nei To. Tenant's Council and Neighborhood Crime Watch Pen -to -Paper Session: Visual Preference Survey REDEVELOPMENT OF HIAMFOhI1E RAINBOW VILLAGE & GWEN CHERRY 23C Qi r. (0! Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 114 Pen -to -Paper Session: Visual Preference Survey REDEVELOPMENT OF Minn RAINBOW VILLAGE & GWEN CHERRY 23C MD GuauiiLaua,:LAMM Pen -to -Paper Session: Resident Feedback Table 1: Spokesperson Drucilla, Facilitator Tihun Table 2 : Spokesperson Paulette, Facilitator Nick NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca decision -making body will review the information at the pubc hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 115 Pen -to -Paper Session: Resident Feedback Table 3: Spokesperson Melissa, Facilitator Johseed Table 4: Spokesperson/Facilitator Erick Community Features (Entire Building or All Buildings) Item Safety: Security Cameras (24/7/365) X X X X 4 Safety: Larger, Impact Windows X X X X 4 Security: Better, Brighter Lighting X X X X 4 Safety: Key Fob Entry/Card Entry/Extra Security Measures for Visitors/Periodically Change Entry Code X X X X 4 Safety: Staffed Lobby (Security Guard that Can Accept Packages and Monitor/Patrol Exterior of Property) X X X 3 Safety: Motion Sensor Lights X X 2 Safety: Smoke Sensors X 1 Total # Tables w/ this Table Table Table Table Reques 1 2 3 4 t NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 116 Community Features (Entire Building or All Buildings) Feature: Gym X X X X 4 Feature: Clubhouse/Community Center (w/ TV, esp. for kids) X X X 3 Feature: Computer Lab w/ Printer/Copier X X 2 Feature: Trash Chute X X 2 Feature: Internal Mailroom X 1 Feature: Elevators X 1 Feature: Tinted Windows X 1 Feature: Public Wi-Fi X 1 Community Features (Entire Building or All Buildings) Building Style: Rowhouses/Townhouses X X 2 Building Style: Max 10-Story Building X X 2 Building Style: 5-Story Building X 1 Building Style: Bright Exterior Colors (Orange, Green) X 1 Building Style: Better -Quality, Waterproof Paint Colors X 1 NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 117 Community Features (Exterior Items) Total # Tables w/ this Item Table 1 Table 2 Table 3 Table 4 Request Parking: Assigned Parking X X X X 4 Parking: Plenty of Guest Parking X X 2 Parking: Gated Parking Lot w/ Key Entry X X X X 4 Parking: ADA Parking Closer to Building/Unit X 1 Parking: Improved ADA Access to buildings, incl. Pickup/Dropoff Area X 1 Parking: Speed Bumps X 1 Community Features (Exterior Items) Exterior Spaces: Park/Play Area X X X 3 Exterior Spaces: Pet Park X X 2 Exterior Spaces: Pool for Residents X X 2 Exterior Spaces: Splash Pad in Park X 1 Exterior Spaces: Bike Path and/or Bike Parking X 1 Exterior Spaces: Gazebo w/ BBQ X 1 Exterior Spaces: Public Artwork/Modern Art X 1 NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 118 Community Features (Exterior Items) Non -Residential (1st Floor): Restaurant Option X X X 3 Non -Residential (1st Floor): Daycare X X X 3 Non -Residential (1st Floor): Market or Retail X X 2 Non -Residential (1st Floor): No Retail X 1 Non -Residential (1st Floor): Health Clinic X 1 Non -Residential (2nd Floor): Offices X 1 Unit Amenities Total # Tables w/ this Item Table 1 Table 2 Table 3 Table 4 Request Overall: Bigger Living Areas/Units X X X 3 Overall: Central AC X X X 3 Overall: Marble or Wood (not Tile) Flooring X X 2 Overall: Nice Tile (Not Carpet) Flooring X X 2 Overall: Better -Quality, Brighter Lighting in All Rooms X X 2 Overall: More Electrical Outlets X 1 Overall: Emergency Windows in Various Rooms X 1 Overall: More ADA Units, Placed on 1st Floor, w/ ADA Bathrooms, Kitchens, Higher Toilets, Bathroom Handrails, Wider Front Doors w/ Lower Peepholes X 1 NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 119 Unit Amenities Kitchen: More Storage Cabinets (Some ADA) X X X 3 Kitchen: Bigger, Better Countertops (Granite) X X X 3 Kitchen: Stainless Steel, Double -wide Refrigerator X X 2 Kitchen: Dishwasher X X 2 Kitchen: Energy -Efficient Appliances X 1 Kitchen: Double Sink X 1 Kitchen: Exhaust Fan X 1 Kitchen: Microwave over Stove X 1 Kitchen: Refrigerator X 1 Unit Amenities Bedroom: Walk -In Closets X X 2 Bedroom: Ceiling Fans X 1 Bathroom: Slip -Proof, Walk -In Shower X X 2 Bathroom: Larger Tubs, w/ Seating X X 2 Bathroom: Plenty of Cabinet Space X 1 Bathroom: Better Toilets X 1 Miscellaneous: Washer and Dryer Units (Preferably Not in Kitchen) X X X X 4 Miscellaneous: Balconies X X X 3 Miscellaneous: Doorbell X 1 NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 120 Miscellaneous Property Maintenance: Stricter Regulations for Tenants/More Frequent Unit Inspections X X 2 Property Maintenance: Pest Control X X 2 Property Maintenace: Smoke -Free Buildings X 1 Travel Improvements: Better Trolley Transportation and Covered Bus/Trolley Stops X X 2 Travel Improvements: Better Traffic Lights/Coordination X X 2 Safety: Curfew for Use of Outdoor Areas X 1 Dislikes Alleyways/Dark Areas Visible Garbage Containers Abandoned Vehicles NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca decision -making body will redew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 121 Initial Review of Draft RFP pump ---DRAFT--- MAf,R{IAI3E couNr(AS REAIESENrE9 BY PUBLIC Hr3USTNU ANN UMP.IMI Y LEVELOP ENI IPHCI)). cma 19.111mr mal1 a antr,ee.ove ILquest For Pmparal (UPI No. to Da.lopora for Redevelopment cf Rainbow linage & Owen Cherry 23C Rainbow Vide: MY 20" Sveerand 3" &move Miami FL 31121 Gwen Cbury23C: NW2B^ Sven and NW4. Court MU.IIk, FL 33121 Nrvranberd.2010 ug[Ilio1wx OEF tt¢xamc•ioi Initial Review of Draft RFP (Page 7) 1.2.1 Project Information and Requirements: a. The existing Rainbow Village public housing development contains 100 public housing units and Gwen Cherry 23C contains 36 public housing units. Both public housing developments are located in one property consisting of approximately 10.39 acres. There is an existing stand-alone daycare building at the site that is managed by under a lease with PHCD. The daycare shall not be taken out of service until a new daycare is built in the redevelopment. b. Subject to HUD approval of the County's demolition/disposition application, existing public housing units at Rainbow Village and Gwen Cherry 23C will be demolished in phases and replaced with a mix of new public housing, affordable, workforce market rate housing units (i.e. the new units) and other uses, as applicable. For the purpose of responding to this RFP, Proposers shall make the following assumptions: (Page 8) 1) In order to expedite completion of the project, developers may offer a privately -owned site for which they have site control and is in close proximity to the Project Site (i.e. Additional Site), to be included as part of the project. (Note: The Additional Site would be in addition to the Project Site). Proposer shall confirm that it has site control (see Section 1.4 Definitions) of the Additional Site and provide a brief narrative indicating how the Additional Site will expedite the project completion and be beneficial for the residents and the project. If an Additional Site is proposed, references to Project Site shall also include the Additional Site. 34 NOTICE This submittal needs to be scheduled fora puboc hearing In ac ordanrcwhh timelines set forth in the City of Miami Code. The appli®de decision -making body will roldew the information at the pubec hearing to render a recommendation or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 122 Initial Review of Draft RFP (2) Residents of Rainbow Village and Gwen Cherry 23C shall be transferred to new units at the Project Site as part of a phased redevelopment approach. The cost of demolishing the existing development at Rainbow Village and Gwen Cherry 23C shall be included as part of this project. c. The awarded developer shall apply and obtain any re -zoning required to allow the construction of the proposed mixed -income, mix -use development. The first phase of construction shall take place on a vacant area of the Project Site or proposed/approved nearby site. Once the first phase is completed, current residents from Rainbow Village and Gwen Cherry 23C will transferred to the new units in the first phase; thereby, vacating areas (phases) for demolition of existing Rainbow Village and Gwen Cherry 23C units to be redeveloped in the next phase. This phased redevelopment approach shall continue throughout the balance of the Project Site until all new construction is completed at the Project Site and all existing units in Rainbow Village and Gwen Cherry 23C are vacated. Residents of Rainbow Village and Gwen Cherry 23C shall not be temporarily relocated off -site during construction. They shall move from their existing public housing units to new public housing units, once completed in phases at the Project Site. d. The Proposer may propose a different phasing plan to that indicated herein which he/she believes is more beneficial to the residents and the project. 35 Initial Review of Draft RFP e. No phase of the project shall contain more than 50% of its units as public housing units, with a goal of providing a mix of unit types throughout as many phases as possible. f. Provide an emergency generator that will power code -required emergency items in the building, in addition to providing power for 96 hours of operation without refueling, at a community room and a community area kitchen, within the Project Site. One Additional point will be awarded for providing power to all housing units within the Project Site (refer to Section 3.16). g. The awarded developer shall provide a written natural disaster plan in place that addresses activities required before, during and after a natural disaster. The written natural disaster plan shall include the provisions indicated below: 1. Developer shall provide written natural disaster plan approved by the County Mayor or the County Mayor's designee for the new development. Such natural disaster plan shall be updated annually, be made available to the residents and first responders, and include at a minimum the following information: 36. man NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 123 Initial Review of Draft RFP (Page 9) 2. A kitchen on the first, second or third floor of a building that can be used to cook food for the residents after a natural disaster; 3. A community room on the first, second or third floor of the development that has air conditioning where residents can go during and after a natural disaster; (Page 10) i. A comprehensive community engagement process was coordinated by PHCD for the project. Residents of Rainbow Village and Gwen Cherry 23C, as well as the community, were invited to participate. A series of six meetings took place and included the following subject matter: (1) Kick-off Meeting; (2) Housing Types/Community Features/Unit Amenities/Exterior Spaces; (3) Public Safety/Community Services/Economic Development; (4) Pen -to -Paper Session; (5) Financial Strategies/Initial Review of RFP Draft; (6) Final Review of RFP Draft. The community engagement process included a pen -to -paper session where attendees participated in facilitated exercises intended to gain group input on "likes" versus "dislikes." A comprehensive report summarizing the community engagement process and results is provided herein as Attachment A. The developer shall carefully review the attached report and shall/must incorporate into their proposal responses to the recommendations contained in said report. 37 Initial Review of Draft RFP (Page 11) i. In addition to the resident engagement process held by PHCD and indicated above, the awarded Developer shall also hold a series of meetings in consultation with and direction of PHCD, to review all aspects of their development approach with residents and obtain their input. Issues to be discussed shall include: project schedule, design (including unit interior, exterior, air conditioning and other building systems, materials, accessible units, common areas, site and parking, Crime Prevention Through Environmental Design (CPTED), security systems, landscaping, amenities and features), construction, phasing, relocation and expenses (to be paid by Developer), services to be maintained during construction, residents right to return, property management, resident leases, Section 3, job training and opportunities, services, programs, and any other pertinent issues. The awarded Developer shall also provide residents with updates on the progress of the project. NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 124 Initial Review of Draft RFP k. All Rainbow Village and Gwen Cherry 23C public housing residents will have the right to occupy new public housing units once these are completed. Proposers shall use 136 public housing units as the minimum number of public housing units that will be replaced (one -for -one replacement). Additionally, Proposers shall assume that the percentage of bedroom sizes as currently exists is to be provided for the new public housing replacement units (see chart below). Site Devel. Dev. Name Address Comm Dist Cfry Elderly or Family Bed Sizes tt of Elderly Units n1 Family Units Total units Zoned Acres Exist stories 210 032 Rainbow Village NW 20 St. & 3 Ave. 33127 3 Miarni Family 1=16 2 = 36 3 = 36 4 = 6 5 - 4 0 100 100 TI-L General Urban Transect, 36 UUIac) 10.39 2 210 628 Gwen Cherry 23C NW 20 St_ & 4 Ct 33127 3 Miami Family 1 = 4 2 _ 0 3 = 16 4 = 6 5 = 2 0 36 36 Same as noted above Same site as noted above 2 Initial Review of Draft RFP I. Resident relocation will be phased within the Project Site to allow construction of various portions of the site while other portions remain occupied. 1) Options to on -site relocation may include temporary relocation with friends or family off -site, with a stipend, at the option of the residents. Additionally, the County may designate a limited number of off -site comparable public housing units for temporary off -site relocation of residents, with a stipend, at the option of the residents. Residents who select these options will maintain their right to return. m. The design of the project shall include Crime Prevention Through Environmental Design (CPTED) strategies, in addition to meeting with police and others who can provide beneficial input for additional crime prevention initiatives. (Refer to section 1.4 — Definitions, for detailed description of CPTED.) n. $50 million of funding is anticipated from Community Redevelopment Area funds for the Culmer Place and Culmer Gardens project from the Southeast Overtown/Park West Community Redevelopment Agency. Other potential funding sources include City of Miami Bonds and Opportunity Zones CDFI Fund, in addition to incorporating RAD for this project. It is important to note that County funding sources will be available only after selected Developer has aggressively pursued all other available funding sources as enumerated in Section 1.2 Development Goals. The referenced funding from the County will be considered "gap" financing. o. The Proposer shall submit a detailed narrative explaining their proposed phasing, relocation and new construction consistent with stated goals and requirements and submit a conceptual phasing site plan with its proposal. 40 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appli®Lie decision -making bodywill review the information at the pubic hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 125 Initial Review of Draft RFP (Page 32) 3.13 RESIDENT JOB TRAINING, EMPLOYMENT, SECTION 3, SMALL AND MINORITY FIRMS, WOMEN -OWNED ENTERPRISES AND LABOR SURPLUS AREA FIRMS PLAN AND COMMITMENTS: For Section 3.13, provide requested information in not more than four (4) pages (one sided, single spaced and 11 point font size) describing the following: A. Employ Miami Miami -Dade County Mayor Carlos A. Gimenez, "CareerSource" South Florida, Neighbors and Neighbors Association (NANA), and other local agencies have partnered to offer a Construction Certification Training to help put eligible Miami- Dade County residents back to work. Employ Miami -Dade has three goals: 1) connect employers who need workers with those workers; 2) provide the skills training necessary to prepare our residents to enter the workforce; and 3) ensure that Miami -Dade residents are first in line to be considered for jobs. Explain training programs that will be implemented for construction and post construction jobs, including the proposer's commitment of the number of jobs that will be provided. [Requirements of this paragraph are threshold items (refer to Threshold Requirements definition).] 41 obe Initial Review of Draft RFP Section 3 of the HUD Act of 1968 requires that job training and employment opportunities be directed to businesses that are owned by, or that substantially employ low or very -low income persons (see Exhibit B). Describe proposer's commitment to job training classes for residents, capacity per class, and trade covered for each class. Provide evidence and documentation (i.e. work plans, Memorandum of Understanding (MOU) etc. [(Requirements of this paragraph are threshold items (refer to Threshold Requirements definition).] Describe proposer's firm commitment for total number of Section 3 jobs to be created and breakdown by trade during construction and post -construction. Provide evidence and documentation (i.e. work plans, MOU's, etc.). [(Requirements of this paragraph are threshold items (refer to Threshold Requirements definition).] Identify certified Section 3 businesses and other certified small and minority firms, women -owned enterprises and labor area surplus firms that are part of the development team, and additional firm commitment on number of participating sub -contractors and suppliers that will be Certified Section 3 or other certified minority -owned businesses. Provide evidence of participation and/or documentation to support commitment and ability to access resources (i.e. past experience). [(Requirements of this paragraph are threshold items (refer to Threshold Requirements definition).] NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 126 Initial Review of Draft RFP B. The awarded developer shall take affirmative steps as indicated in HUD CFR 85.36 e) to include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation list; 2. Assuring that small and minority business and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; 5. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and 6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (e)(2) 1 through 5 of this section. Note: Sections 3.1 through 3.13 are Threshold Requirements (refer to definition). Initial Review of Draft RFP (Page 34) 3.14 PROPOSED DEVELOPER MENTORING PROGRAM: Provide requested information in not more than two (2) pages (one sided, single spaced and 11- point font size) describing the following: A. Describe the proposed plan for a Developer Mentoring Program for Section 3 businesses and other certified small and minority firms, women -owned enterprises and labor surplus area firms and identified participating firms and/or individuals (herein firms and/or individuals). The mentoring program should include hands-on experience and training for firms and/or individuals indicated herein in the entire development process, including the redevelopment of this project. [(Requirements of this paragraph are threshold items (refer to Threshold Requirement definition).] Wri NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 127 Cone of Silence (Administrative Order 3-27) AUTHORITY: Section 4.02 of the Miami -Dade County Home Rule Amendment and Charter and Section 2-11.1 of the Code of Miami -Dade County. POLICY: It is the policy of Miami -Dade County that a Cone of Silence be established on all County competitive selection processes including, RFPs, RFQs, and bids for the provision of goods and services, and audit and Independent Private Sector Inspector General (IPSIG) contracts. The Cone of Silence is designed to protect the integrity of the procurement process by shielding it from undue influences prior to the recommendation of contract award. This Cone of Silence shall be imposed on these contracts after advertisement of same. Redevelopment of Rainbow Village & Gwen Cherry 23C Questions and Responses • Questions/comments should be specific to the items discussed tonight about the proposed new development: Pen -to -Paper Session and Initial Draft of RFP • Please fill out an index card so that your questions and comments can be answered. If we should run out of time, they will be answered at the next meeting. • PHCD staff is available to assist one-on-one with questions about current units. • Don't hesitate to contact Charesse Chester with any additional questions or comments you might have, at 305-944-7564 or cchester@creativisionmedia.com. • Meeting documents will be available at a website for the project. (https://www.rainbowvillagegwencherry23c.com/) NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 128 ,gyp PUBLic Q' ° a 2 NOTICE GI This submittal needs b be scheduled for a public hearing In accord ancz with timelines set forth in the City of Miami Code.The applicd decision -making bodywill review the information at the pubc hearing to render a recommendation or a final decision. COUNTY Resident Meeting #6 Funding Sources and Programs/ Final Review of RFP Draft October 29, 2018 M IAM I•DADE COUNTY COUNTY Meeting Date: Project: Subject: Meeting Location: Attendees: 4.4 MEETING SUMMARY October 29, 2018 (Monday) Redevelopment of Rainbow Village and Gwen Cherry 23C — Miami -Dade Public Housing and Community Development Resident Meeting #6 NOTICE This submittal needs to be scheduled fora puboc hearing In aaordancc whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubc hearing to render. recommended on or a final decla on. Time: 6:00 PM — PZ-20-7953 01/15/21 Culmer Community Action Center, 1600 NW 3rd Ave, Miami, FL 33136 See Sign -In Sheet at the End of this Document OVERVIEW: The purpose of this meeting was to discuss the redevelopment of the Rainbow Village and Gwen Cherry sites with current public housing residents and address their questions and concerns. The meeting was held on Monday, October 29, 2018, at Culmer Community Action Center, 1600 NW 3rd Ave, Miami, FL 33136 from 6:00 p.m. to 7:00 p.m. II. WELCOME: Mr. Irby McKnight, a co -facilitator, community liaison and Greater Bethel AME Church board member, welcomed the residents and gave the convocation. Mr. Mcknight also reminded the residents the importance of writing your questions and comments down on a comment card. Charesse Chester (Creativision MEDIA) recognized Miami -Dade County Commissioner Audrey Edmonson (District 3). Commissioner Audrey Edmonson welcomed the residents she stated how happy she was to see the residents attending the meeting as well as reminding the residents not to let anyone make decisions for them. Ms. Chester reviewed the meeting objectives and then introduced the members of the Miami - Dade Public Housing Community Development (PHCD) team; Michael Liu (Director); Jorge Cibran (Development Division Director); Marta Pascal (Staff Member); Jose A. Rodriguez (Development Division Manager); Jorge Orol (Construction Manager II); Ms. Chester stated that other members of the PHCD staff could answer any questions concerning their current units. Director Liu welcomed the residents and mentioned the information provided tonight was going to be a lot of repetition stating that the information was complex but the more you hear something the easier it becomes to understand. Ms. Chester introduced the meeting co -facilitator, Dr. Ralph Rosado (Rosado & Associates). Before his presentation, Dr. Rosado reiterated that PHCD staff members were available to respond to any questions related to their units. Additionally, Dr. Rosado indicated there was a sign -in sheet at each table for issues with existing units. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 129 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #6 Dr. Rosado opened his presentation with a summary of notes captu meetings. Dr. Rosado reviewed a list of priorities that residents mus sites are being developed: 1. Resident Input — What you say is very valuable to us. You will see yo captured throughout the presentation slides. 2. The rules that are in place for building on these sites — Rainbow Village an Cherry 23C were developed before we had big storms, hurricanes, and so forth. These aspects of new rules or building codes have been developing. Therefore, any building that is built after 1992 is stronger than structures built prior to this year. 3. Building Code and Zoning Requirements — In order to build here, there are local rules that must be followed. 4. HUD (Housing and Urban Development) regulations — HUD is a federal agency that imposes many regulations to govern the way this process will move forward and what can be done. 5. Funding, Financing, and Market Considerations — At some point later this year, this project will be put out to bid for somebody to respond with a proposal. Hopefully, there will be several responses. The proposals that move forward are generally the ones that propose something consistent with funding and project requirements. There are also additional federal resources and local resources. • Public Housing and Non -Public Housing - To ensure the project will work financially, there will have to be market rate units included in the redevelopment. This submittal needs to be scheduled for a public hearing In accordance whh tlmellnee set forth in the City of Miami Cote. The applicabe decision -making body will review the intonnation at the pu bec hearing to render a reconarnendat on or a final decla on. PZ-20-7953 01/15/21 6. Crime Prevention Through Environmental Design (CPTED) - It is impossible for law enforcement to be everywhere. There are a series of design elements to assist in making crime prevention efforts work. Dr. Rosado gave a brief review of the public engagement process and the upcoming meeting dates and topics. III. MEETING DISCUSSION HIGHLIGHTS Dr. Rosado gave a brief recap of the Saturday Pen -to -Paper session as well as a recap of the Rental Assistance Demonstration (RAD) and also explained the RFP documentation: 3.13 RESIDENT JOB TRAINING, EMPLOYMENT, SECTION 3, SMALL AND MINORITY FIRMS, WOMEN -OWNED ENTERPRISES AND LABOR SURPLUS AREA FIRMS PLAN AND COMMITMENTS: • For Section 3.13, provide requested information in not more than four (4) pages (one- sided, single-spaced and 11 point font size) describing the following: Employ Miami • Miami -Dade County Mayor Carlos A. Gimenez, "CareerSource" South Florida, Neighbors and Neighbors Association (NANA), and other local agencies have partnered to offer a Construction Certification Training to help put eligible Miami - Dade County residents back to work. • Employ Miami -Dade has three goals: 1) connect employers who need workers with those workers; 2) provide the skills training necessary to prepare our residents to enter the workforce; and 3) ensure that Miami -Dade residents are first in line to be Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 130 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #6 considered for jobs. Explain training programs that will be impl construction and post -construction jobs, including the proposer to the number of jobs that will be provided. [Requirements of th are threshold items (refer to Threshold Requirements definition) This submittal needs to be scheduled for a public hearing In accordance with dmellnes set forth in the City of Miami Cede. The applicable decision -making body Nall[ review the Intormaion at the pubdc hearing to render a recommended on or a finaldecla on. PZ-20-7953 01/15/21 • Section 3 of the HUD Act of 1968 requires that job training and emp FREblEW COMQ"s be directed to businesses that are owned by, or that substantially emplo! -low income persons (see Exhibit B). Describe proposer's commitment to job training classes for residents, capacity per class, and trade covered for each class. Provide evidence and documentation (i.e. work plans, Memorandum of Understanding (MOU) etc. [(Requirements of this paragraph are threshold items (refer to Threshold Requirements definition).] • Describe proposer's firm commitment for total number of Section 3 jobs to be created and breakdown by trade during construction and post -construction. Provide evidence and documentation (i.e. work plans, MOU's, etc.). [(Requirements of this paragraph are threshold items (refer to Threshold Requirements definition).] • Identify certified Section 3 businesses and other certified small and minority firms, women -owned enterprises and labor area surplus firms that are part of the development team, and additional firm commitment on number of participating sub -contractors and suppliers that will be certified Section 3 or other certified minority -owned businesses. Provide evidence of participation and/or documentation to support commitment and ability to access resources (i.e. past experience). [(Requirements of this paragraph are threshold items (refer to Threshold Requirements definition).] • The awarded developer shall take affirmative steps as indicated in HUD CFR 85.36 e) to include: • Placing qualified small and minority businesses and women's business enterprises on solicitation list; • Assuring that small and minority business and women's business enterprises are solicited whenever they are potential sources; • Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; • Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; • Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and • Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (e)(2) 1 through 5 of this section. Cone of Silence (Administrative Order 3-27) AUTHORITY: • Section 4.02 of the Miami -Dade County Home Rule Amendment and Charter and Section 2-11.1 of the Code of Miami -Dade County. POLICY: Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 131 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #6 • It is the policy of Miami -Dade County that a Cone of Silence all County competitive selection processes including, RFPs, for the provision of goods and services, and audit and Indep Sector Inspector General (IPSIG) contracts. The Cone of Sile to protect the integrity of the procurement process by shielding! influences prior to the recommendation of contract award. This Co Silence shall be imposed on these contracts after advertisement of same. This submittal needs to be scheduled for public hearing In Boa:dance vitthtimelines set forth in the City of Miami Cote. The applicalledecision-mahing body will review the Infor matlon at the pubec hearing to render e recommendation or a finaldecla on. PZ-20-7953 01/15/21 Dr. Ralph Rosado's complete presentation is attached to this document. SUMMARY OF QUESTIONS AND CONCERNS (All questions were addressed by Development Division Director Jorge Cibran except where noted.) This section provides an overview of the questions received during the meeting. Copies of the written questions received are included at the end of the summary. Q: (Resident) Are we going to have to move? A: Yes, you will move from your existing unit to your new unit in phases. Q: (Resident) Will we be getting vouchers? A: Vouchers can be discussed later. That is a different process, that has not been discussed as of yet but certainly, if that is something you feel strongly about, we can have a discussion later on. Right now, it's too early to discuss that topic. Q: (Resident) Will we need a deposit? A: You will not need a deposit if you already have a deposit on your unit. That deposit transfers from the existing unit over to the new unit. Q: (Resident) We will have to move after demolition. If yes, where? A: You will be required to move before demolition of your old unit. Q: (Resident) Will there be help with the move? A: Yes, basically it is at no cost to you. The developer will be required to move you. Usually they use professional moving companies, and provide insurance etc. Q: (Resident) Will everyone on the board still be on the board when they are ready for redevelopment? (Commissioner Edmonson): We have a turnover 2 years from now. I don't know if the project will be completed, we will try and get them to finish in 2 years, but I doubt it. So you could have a new County Commissioner and it depends on who the new commissioner is and what their priorities are for the district. (Cibran): However, it is likely that the developer will be selected by then, and, in turn, we can create a contract which will be provided before the commissioner leaves office. Q: (Resident) Will this be like Hope VI? A: No, it will not be like Hope VI, there are very important differences, Hope VI took 850 units from public housing and then 177 units of public housing were built. In fact, for our project, we require that the existing number of units will be the number of units coming back. As we have discussed, there will be 136 public housing units; we will have 136 public housing units now and at least 136 public housing units when you come back. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 132 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #6 Q: (Resident) When will the project begin? A: The process has already started with this series of meetings. No begin the Request for Proposals (RFP) process. Q: (Resident) Where will they place us? A: The new units will be built in phases which will begin, for example, in o the developer has an additional site or other alternative. The developer will bui . d unit, move you from your existing unit over to your new unit, then we demolish the old unit. This subminal needs to be scheduled for a public hearing in accordance with timelines set forth come City of Miami Code. The applicable decicion-ma long body will review the Information at the public hearing to render a recommendation or a final decision. Q: (Resident) If I move out, will I be able to move back in? A: No, you will be moving from your existing unit over to your new unit. PZ-20-7953 01/15/21 Q: (Resident) Will we be able to see the new unit before they begin? (Commissioner Edmonson): She means a rendering. Yes, the developer will provide renderings of the design. (Cibran): Just to reinforce what the Commissioner has just said about the design. There will be a similar process that you will have with the selected developer to provide all the details, including the outside design, inside, size of the unit. All those things will be made available to you once the County selects a developer for the project. Q: (Resident) What about those with disabilities? A: The Uniform Federal Accessibility Standards requires a minimum of 5% of the units must house people who have mobility impairments and 2% for hearing and vision impaired. That will be a part of the RFP requirement. Q: (Resident) Are you required a certain amount of income to own a unit? A: You can use a Section 8 voucher, so that's one option. You would have to meet the basic requirements for any homeownership options. We will conduct homeownership classes to make all information available for interested residents. You can all sign up for those classes and become aware of homeownership as well as receive a lot of information even if you decide against it. Q: (Resident) Will I get the same amount of rooms if I have the same amount of people in the household? A: You will be matched with a right size unit, which depends on your family's composition. Q: (Community Member) What kind of businesses that are minority -owned that are in zip code 33127 can participate in the construction of the project? A: Basically, all kinds of businesses that are in construction can participate. As mentioned, the selected developer will come to you, so it's important if you make yourself available. Give them your business card and tell them the type of services or goods your company provides because part of the commitments that we talk about are construction and post- construction. Q: (Community Member) How can the residents receive a lawyer to go over this package? (Commissioner Edmonson): First thing, when communities have attorneys they come together to pay for their attorneys. I'm here to look out for you, so if have a problem come to me and say something. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 133 Redevelopment of Rainbow Village and Gwen Cherry 23C Residents Meeting #6 Closing remarks: Director Liu: We must now submit all of this information to HUD for review. NOTICE This submittal needs to be scheduled bra pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca o decision -making body will rodew the information at the pubc hearing to render e recommended on or a final decla on. Commissioner Edmonson: I would like to thank all you for coming out tonigh think this is the biggest crowd that we have had so that is something I really appreciate. The residents must take part in this process. HUD requires the residents to take part and participate in these meetings. For some of you, this is the first time I'm seeing you. I'm happy that you decided to come out and see all that we have done so far. PZ-20-7953 01/15/21 Irby McKnight (Community Liaison): Thank you all for being here, I'm so happy to see all of you here tonight especially the ones who have been here from the start of the process. Now, we have to come together and get the process done. I am in this room Monday through Friday from 8 a.m. to 2 p.m. Ms. Chester: We want to recognize Neighborhood Enhancement Team (NET) team for their continued support. Again, the website is rainbowvillagegwencherry23c.com IV. END OF MEETING SUMMARY The meeting summary, not a word-for-word transcript; it is a summary of the questions and comments. If you feel that clarifications are necessary, or if this differs from your understanding, please notify Charesse Chester by telephone at 305-944-7564 or by email at info@creativisionmedia.com within five (5) working days upon receipt of this summary. Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 134 4.5 Presentation of Meeting #6 Redevelopment of Rainbow Village & Gwen Cherry 23C IV. - /Final Review of RFP Ttober 29, 2018 Miami -Dade Public Housing and Community Development Redevelopment of Rainbow Village & Gwen Cherry 23C Agenda 6-6:l0pm Welcome and Introduction to Community Engagement Meeting - Irby McKnight For the questions and answers after the presentation, please write your questions and comments on notecards, and we'll pick them up and respond. 6:10-6:13pm Objectives for this Meeting — Charesse Chester Objective 1 - Summarize Pen -to -Paper Session Objective 2 - Summarize funding sources and programs, and Review of Final RFP Draft NOTICE This submittal needs to be scheduled bra puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 135 Redevelopment of Rainbow Village & Gwen Cherry 23C Agenda 6:13-6:15pm Introduction of Miami -Dade County Commission Vice Chairwoman Audrey Edmonson and Public Housing & Community Development (PHCD) Personnel — Charesse Chester Michael Liu, Director, PHCD Jorge Cibran, Development Division Director, PHCD Jose Rodriguez, Development Division Manager, PHCD Jorge L. Orol, Construction Manager II, PHCD Martha Paschal, Paschal & Associates (Consultant to PHCD) Reminder: PHCD staff is available to answer questions about current units, on a one-on-one basis. Redevelopment of Rainbow Village & Gwen Cherry 23C Agenda 6:15-6:30pm 6:30-7:OOpm Objective 1 — Summarize Pen -to -Paper Session — Ralph Rosado Objective 2 — Summarize Funding Sources and Programs/Review Final RFP Draft — Ralph Rosado, Martha Paschal, Jorge Cibran 7:00-7:30pm Comments — Charesse Chester NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 136 Redevelopment of Rainbow Village & Gwen Cherry 23C Resident Engagement: Meeting Dates • Monday, June 7, 2018 - 6pm — Meeting #1 - Kickoff Meeting - completed • Monday, June 18, 2018 - 6pm — Meeting #2 - Housing Types/Community Features/Unit Amenities/Exterior Spaces • Monday, September 10, 2018 - 6pm — Meeting #3 - Public Safety/Community Services/Economic Development • Saturday, September 15, 2018 - 8am-noon — Meeting #4 - Pen -to - Paper Session • Tuesday, October 9, 2018 - 6pm — Meeting #5 - Funding Sources and Programs/Initial Review of RFP Draft • Monday, October 29, 2018 - 6pm — Meeting #6 - Funding Sources and Programs/Final Review of RFP Draft Redevelopment of Rainbow Village & Gwen Cherry 23C Pen -to -Paper Session • Saturday, September 15 — 8am-llam • Two Parts: (1) Visual Preference Survey — Using colored strips (Green Strips="Like" Something/Reddish Strips="Dislike" Something), residents & other participants will let us know what you like & dislike in terms of building styles, unit amenities, etc. (2) Table Presentations — Each table, with the help of a design professional, will prepare a basic design and a list of what you would like to see as part of the project. Each table will select a resident to serve as spokesperson and explain to the whole room what you'd like to see. NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 137 Pen -to -Paper Session: Visual Preference Survey -, GWMENT C)F RAINBDY; :,;;C & G1YFN CHERRY 23C. III �+��eY' { 1 Mg 3.. may. ` . IND _Asia REREVEI" RAINSDW AFpFVELOP.IENT OF n�wn r RAINBOW VILLAGE & GWEN CHE PRY 23G T^l Pen -to -Paper Session: Visual Preference Survey REOEVELOPMEN f OF RECIEVELDPMENT OF Fyn RAINBOW VILLAGE & GWEN CHERRY 23C RAt&9O4L' VILLAGE & GWEN M CHERRY 23C ara lit Ar IQ lei - 1 Illi Mil 11, 1 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appli®Lie decision -making bodywill review the information at the pubic hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 138 This submittal needs b be scheduled for a puboc hearing in accordance with timelines set forth in the City of Miami Ccde. The applica de decision -making bcdy will review the infonnaion at the pubc hearing to render a recommendation or a final decision. Pen -to -Paper Session: Visual Preference Survey •+='f 22C BEM REDEVELOPMENT OF RAINBOW VILLAGE 8 GWEN CHERRY 23C MD f-RS 76 f igat"ll rArti mi n n ., ul.,ii iiii ..,—, rvm�waartmii Cs,._ WwM cm ona REDEVELOPMENT OF RPJN90WVILLAOEi OWEra CIIERRY 21C .20 !Lel Pen -to -Paper Session: Resident Feedback Table 1: Spokesperson Drucilla, Facilitator Tihun Table 3: Spokesperson Melissa, Facilitator Johseed Table 2 : Spokesperson Paulette, Facilitator Nick Table 4: Spokesperson/ Facilitator Erick Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 139 Community Features (Entire Building or All Buildings) Total # Tables Table Table Table Table w/ this Item 1 2 3 4 Request Safety: Security Cameras (24/7/365) X X X X 4 Safety: Larger, Impact Windows X X X X 4 Safety: Better, Brighter Lighting X X X X 4 Safety: Key Fob Entry/Card Entry/Extra Security Measures for Visitors/Periodically Change Entry Code X X X X 4 Safety: Staffed Lobby (Security Guard that Can Accept Packages and Monitor/Patrol Exterior of Property) X X X 3 Safety: Motion Sensor Lights X X 2 Safety: Smoke Sensors X 1 Community Features (Entire Building or All Buildings) Feature: Gym X X X X 4 Feature: Clubhouse/Community Center (w/ TV, esp. for kids) X X X 3 Feature: Computer Lab w/ Printer/Copier X X 2 Feature: Trash Chute X X 2 Feature: Internal Mailroom X 1 Feature: Elevators X 1 Feature: Tinted Windows X 1 Feature: Public Wi-Fi X 1 NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 140 Community Features (Entire Building or All Buildings) Building Style: Rowhouses/Townhouses X X 2 Building Style: Max 10-Story Building X X 2 Building Style: 5-Story Building X 1 Building Style: Bright Exterior Colors (Orange, Green) X 1 Building Style: Better -Quality, Waterproof Paint Colors X 1 Community Features (Exterior Items) Item Parking: Assigned Parking X X X X 4 Parking: Gated Parking Lot w/ Key Entry X X X X 4 Parking: Plenty of Guest Parking X X 2 Parking: ADA Parking Closer to Building/Unit X 1 Parking: Improved ADA Access to buildings, incl. Pickup/Dropoff Area X 1 Total # Tables w/ this Table 1 Table 2 Table 3 Table 4 Request Parking: Speed Bumps X 1 NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 141 Community Features (Exterior Items) Exterior Spaces: Park/Play Area X X X 3 Exterior Spaces: Pet Park X X 2 Exterior Spaces: Pool for Residents X X 2 Exterior Spaces: Splash Pad in Park X 1 Exterior Spaces: Bike Path and/or Bike Parking X 1 Exterior Spaces: Gazebo w/ BBQ X 1 Exterior Spaces: Public Artwork/Modern Art X 1 Community Features (Exterior Items) Non -Residential (1st Floor): Restaurant Option X X X 3 Non -Residential (1st Floor): Daycare X X X 3 Non -Residential (1st Floor): Market or Retail X X 2 Non -Residential (1st Floor): No Retail X 1 Non -Residential (1st Floor): Health Clinic X 1 Non -Residential (2nd Floor): Offices X 1 NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca decision -making body will review the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 142 Unit Amenities Total # Tables w/ this Item Table 1 Table 2 Table 3 Table 4 Request Overall: Bigger Living Areas/Units X X X 3 Overall: Central AC X X X 3 Overall: Marble or Wood (not Tile) Flooring X X 2 Overall: Nice Tile (Not Carpet) Flooring X X 2 Overall: Better -Quality, Brighter Lighting in All Rooms X X 2 Overall: More Electrical Outlets X 1 Overall: Emergency Windows in Various Rooms X 1 Overall: More ADA Units, Placed on 1st Floor, w/ ADA Bathrooms, Kitchens, Higher Toilets, Bathroom Handrails, Wider Front Doors w/ Lower Peepholes 1 Unit Amenities Kitchen: More Storage Cabinets (Some ADA) X X X 3 Kitchen: Bigger, Better Countertops (Granite) X X X 3 Kitchen: Stainless Steel, Double -wide Refrigerator X X 2 Kitchen: Dishwasher X X 2 Kitchen: Energy -Efficient Appliances X 1 Kitchen: Double Sink X 1 Kitchen: Exhaust Fan X 1 Kitchen: Microwave over Stove X 1 Kitchen: Refrigerator X 1 1 NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 143 Unit Amenities Bedroom: Walk -In Closets X X 2 Bedroom: Ceiling Fans X 1 Bathroom: Slip -Proof, Walk -In Shower X X 2 Bathroom: Larger Tubs, w/ Seating X X 2 Bathroom: Plenty of Cabinet Space X 1 Bathroom: Better Toilets X 1 Miscellaneous: Washer and Dryer Units (Preferably Not in Kitchen) X X X X 4 Miscellaneous: Balconies X X X 3 Miscellaneous: Doorbell X 1 1 Miscellaneous Property Maintenance: Stricter Regulations for Tenants/More Frequent Unit Inspections X X 2 Property Maintenance: Pest Control X X 2 Property Maintenace: Smoke -Free Buildings X 1 Travel Improvements: Better Trolley Transportation and Covered Bus/Trolley Stops X X 2 Travel Improvements: Better Traffic Lights/Coordination X X 2 Safety: Curfew for Use of Outdoor Areas X 1 NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 144 NOTICE This submittal needs b be scheduled for a pubic hearing In accordance with timelines set forth in the City of Miami Code. The appbcade decision -making body will review the information at the pubic hearing to render a recommendation or a final decision. Dislikes Alleyways/Dark Areas Visible Garbage Containers Abandoned Vehicles 111 Funding Sources and Programs • March 22, 2018 — federal budget approved • HUD has lifted the cap on projects that can be submitted for the Rental Assistance Demonstration (RAD) program, which will assist in redevelopment of public housing projects. • Tax credit allocations were approved which continue to provide a major portion of redevelopment funding. • Funding from the Southeast Overtown/Park West CRA • Approval by Governor Rick Scott of Opportunity Zones (Tax Cuts and Jobs Act) including census tract 31, which includes Rainbow Village and Gwen Cherry 23C Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 145 Florida Housing Finance Corporation (FHFC) Programs and Other Funding • Florida Housing Finance Corporation (FHFC) programs — Low Income Housing Tax Credits (LIHTC) is a tax credit against federal income tax liability which provides an incentive for investors to provide funding for affordable housing — LIHTC is the most important tool to create and preserve affordable housing and has been used on many PHCD public housing redevelopments (e.g. Liberty Square, Jack Orr, Three Round Tower A, Martin Fine Villas, etc.). Florida Housing Finance Corporation (FHFC) Programs and Other Funding • Florida Housing Finance Corporation (FHFC) programs — The State Apartment Incentive Loan program (SAIL) provides low - interest loans for the construction of units affordable to very low-income individuals and families. — The State Housing Initiatives Partnership Program (SHIP), provides funds to produce and preserve affordable multifamily housing. SHIP dollars may be used for new construction, rehabilitation, acquisition of property and homeownership programs. This program serves very low-, low- and moderate -income families. NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 146 Florida Housing Finance Corporation (FHFC) Programs and Other Funding • Other Funding — The twelve Federal Home Loan Banks around the country issue grants through their Affordable Housing Program (AHP). AHP grants can be used to fund redevelopment through an annual competitive process. — HOME Investment Partnerships Program is funding from HUD for a wide range of activities including building, buying, and/or rehabilitation of affordable housing for low-income households. Florida Housing Finance Corporation (FHFC) Programs and Other Funding • Other Funding — Community Development Block Grant (CDBG) is funding from HUD which can be used in redevelopment projects for infrastructure improvements. — The Miami -Dade County Documentary Stamp Surtax (Surtax) Program places a surtax on documents that transfer interest in commercial real estate. Miami -Dade County receives $0.45 per $100 value. Surtax funds provide loans to developers to fund redevelopment projects for very -low to moderate -income families. NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 147 Rental Assistance Demonstration (RAD) • PHCD currently oversees approximately 9,000 public housing units, of those units, 2,400 have been redeveloped or are in the process of being redeveloped. • On August 30, 2018, the County transmitted to HUD a letter of interest and is working with HUD on obtaining a reservation of the 6,426 units to redevelop public housing units agency -wide, including Rainbow Village and Gwen Cherry 23C. • The RAD program is designed to restructure rental assistance to public housing. It allows for the conversion of public housing to site -based subsidy. • RAD will allow PHCD to address many more redevelopment projects in a shorter time than it can under present funding options. Rental Assistance Demonstration (RAD) • RAD spurs financing of public housing developments and the use of equity such as 4% or 9% LIHTC and other funding sources. Lenders understand RAD and are willing to provide financing. • RAD provides a more stable funding platform for rental subsidy. Public Housing has seen funding cutbacks over the years by Congress. Site -based subsidies however, have not been subject to these same cutbacks. This provides more funding for maintenance and operations for long-term sustainability of developments. NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 148 Rental Assistance Demonstration (RAD) • Resident rent contribution will be the same as it is under the public housing program; no more than 30% of the household's adjusted income. • One -for -one replacement of public housing units is required. • The RAD program will be administered consistent with fair housing and civil rights requirements. • There are significant safeguards under RAD for residents such as: • guaranteed right of return; • no resident recertification on move -in; • grievance process; • right to organize and funding for resident councils. Opportunity Zones • Opportunity Zones (0Zs) are a new community development program established by Congress in 2017. OZs are designed to encourage long- term capital investment in low-income urban and rural communities. • OZs provide a tax incentive to investors to invest in Opportunity Funds, which provide an important low-cost funding source for renovation and redevelopment. • On October 19th, the Treasury Department released the first set of proposed guidelines for the Opportunity Zones incentive. (They can be found at: https://www.novoco.com/sites/default/files/atoms/files/reg- 115420-18.pdf) The Treasury Department will accept comments on the proposed guidelines for 60 days. NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 149 Final Review of Draft RFP "a MIAMI-UADE COUNTY AS REPRESENTED EY PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCDI, 101NnAr 1. Court, Imo% MMn.N, Flonda33136 E-mail ®twee kede Nw Request For Proposal (RFP) No, to Developers for Redevelopment of Rainbow Village S Gwen Cherry 29C Rainbow VHlape: NW 20° Weal and 3" Avenue Mlaml, FL 33127 Gwen Cherry 23C: NW 20. SReei and NW Am Court Miami, FL 33127 October 29, 2012 Co.l. colony °mum, MO (ROAM N0OREI TNEROIMR EOM Ca.. Of HNMaM STANDARDS MGASSNG TN RE5P11.5I0.0E5 Of ALL PM. SENANIS M riff CONENENTI1G OROfRFr T1 Of ME MAMA.IRRr STANDARDS MAY RESULT PI ENFORCEMENT ACIUN. [SEE Q Final Review of Draft RFP (Page 7) 1.2 DEVELOPMENT GOALS AND PROJECT INFORMATION: The County seeks to match qualified developers who have successful experience in obtaining project financing and can aggressively pursue all available funding sources. The County seeks Proposers who can provide employment opportunities for very low-, low-, and moderate -income residents, and improve the quality of life through the development of County site(s). The County seeks firm commitments in the hiring and training of very low-, low- and moderate -income individuals, Section 3, minority and women -owned business participation, resident job training, job creation and other initiatives as further enumerated in this RFP. 1.2.1 Project Information and Requirements: Subject to HUD approval, existing public housing units at Rainbow Village and Gwen Cherry 23C will be demolished in phases and replaced with a mix of new public housing, affordable, workforce market rate housing units (i.e. the new units) and other uses, as applicable. NOTICE Tills submittal needs to be echeao lee fora pubic hearing In accordance *NI timelines set forth in the City of Miami Code. The appll®Lie declslon-making body MIL reNew the information al the pubc hearing to render recommendation or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 150 Final Review of Draft RFP (Page 8) In order to expedite completion of the project, developers may offer a privately -owned site for which they have site control and is in close proximity (one mile or less) to the Project Site (i.e. Additional Site), to be included as part of the project. c. The awarded Developer shall implement a phased development approach which, to the greatest extent possible, shall mitigate inconveniences to residents during demolition and new construction. For example, building in open areas of the site first, so that residents may transfer to new units from their existing units. d. No phase of the project shall contain more than 50% of its units as public housing units, with a goal of providing a mix of unit types throughout as many phases as possible. f. The awarded developer shall provide a written natural disaster plan that addresses activities required before, during and after a natural disaster. 2. A kitchen on the first, second or third floor of a building that can be used to cook food for the residents after a natural disaster; 3. A community room on the first, second or third floor of the development that has air conditioning where residents can go during and after a natural disaster; 4. A kitchen and/or community room on the first, second or third floor of the development that has water supplied by a pump connected to a generator during and after a natural disaster;• isa Final Review of Draft RFP (Page 9) h. A comprehensive redevelopment approach is required for the project. The selected Developer shall work cooperatively with PHCD, Rainbow Village and Gwen Cherry 23C residents, their resident council, and other stakeholders including the City of Miami (including City Manager, Building and Zoning, etc.) the School Board, City of Miami Police Department, social services agencies, community groups, private foundations and companies, etc. This redevelopment is not only about bricks and mortar but also about the community and its residents. A comprehensive community engagement process was coordinated by PHCD for the project. Residents of Rainbow Village and Gwen Cherry 23C, as well as the community participated. A comprehensive report summarizing the community engagement process and results is provided herein as Attachment A. The developer shall carefully review the attached report and shall/must incorporate into their proposal responses to the recommendations contained in said report. NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 151 Final Review of Draft RFP (Page 10) Note however, that the following are requirements of this RFP, which shall be provided by Proposers for the project, in addition to any other requirements of the RFP. Community Features / Common Areas: Security System/Cameras Impact windows and doors* Designated guest parking Assigned resident parking Traffic calming devices at parking area Code -complaint exterior lighting* Elevators* Motion sensor exterior lights Gated Parking lot and common areas with key fob entry or card entry Computer Lab/Print Lab Clubhouse/Community Center Trash Chute Pool within Project site Gym / Exercise room Park area /Play area Pet park area within the park WiFi access Well -lit walking paths with seating areas Final Review of Draft RFP (Page 10) Homeownership within Project Site Compliance with Uniform Federal Accessibility Standards (UFAS) (refer to Section 1.3 of RFP); including accessibility to buildings, such as a pick-up/drop-off area, and accessible parking spaces in close proximity to buildings * Retail / other beneficial uses (as proposed by developer) Unit Amenities: New units to be larger than existing units Washers and dryers in each unit Central A/C Tile flooring Emergency (operable) windows* Impact/energy efficient windows* Modern kitchen cabinets with adequate storage Granite countertops or comparable Energy -efficient appliances Double -bowl kitchen sinks Compliance with Uniform Federal Accessibility Standards (UFAS) (refer to Section 1.3 of RFP) NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 152 Final Review of Draft RFP (Page 10) Miscellaneous: Hiring opportunities for project for Overtown Residents and Business (refer to Section 3.13 and Section 3.14 of RFP) Pest Control Adequate maintenance staff for regular and timely maintenance/more frequent unit inspections Traffic related improvements (traffic lights, buses, etc., coordinated by developer with County, City and other applicable agencies) *As per applicable Codes (Page 11) j. In addition to the resident engagement process held by PHCD and indicated above, the awarded Developer shall also hold a series of meetings in consultation with and direction of PHCD, to review all aspects of their development approach with residents and obtain their input. k. All Rainbow Village and Gwen Cherry 23C public housing residents will have the right to occupy new public housing units once these are completed. Proposers shall use 136 public housing units as the minimum number of public housing units that will be replaced (one -for -one replacement). Final Review of Draft RFP (Page 11) I. The Proposer shall make its own evaluation and determination of proposed number of overall units, (in addition to 136 public housing units), for affordable units, workforce and market rate units and other uses to achieve the required mixed -income approach. m. The design of the project shall include Crime Prevention Through Environmental Design (CPTED) strategies, in addition to meeting with police and others who can provide beneficial input for additional crime prevention initiatives. (Refer to section 1.4 — Definitions, for detailed description of CPTED). (Page 32) 3.13 RESIDENT JOB TRAINING, EMPLOYMENT, SECTION 3, SMALL AND MINORITY FIRMS, WOMEN -OWNED ENTERPRISES AND LABOR SURPLUS AREA FIRMS PLAN AND COMMITMENTS: (Page 33) Section 3 of the HUD Act of 1968 requires that job training and employment opportunities be directed to businesses that are owned by, or that substantially employ low or very -low income persons (see Exhibit B). Describe proposer's commitment to job training classes for residents, capacity per class, and trade covered for each class. Provide evidence and documentation (i.e. work plans, Memorandum of Understanding (MOU) etc. (Requirements of this paragraph are threshold items (refer to Threshold Requirements definition). NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 153 Final Review of Draft RFP (Page 33) Describe proposer's firm commitment for total number of Section 3 jobs to be created and breakdown by trade during construction and post -construction. Provide evidence and documentation (i.e. work plans, signed MOU's, etc.). (Requirements of this paragraph are threshold items (refer to Threshold Requirements definition). Identify certified Section 3 businesses and other certified small and minority firms, women -owned enterprises and labor area surplus firms that are part of the development team, and additional firm commitment on number of participating sub -contractors and suppliers that will be Certified Section 3 or other certified minority -owned businesses. Provide evidence of participation and/or documentation to support commitment and ability to access resources (i.e. past experience, signed MOU's, etc.). (Requirements of this paragraph are threshold items (refer to Threshold Requirements definition). Note: Special emphasis is required by the developer for individuals and for Section 3 businesses and/or other certified small and minority, women owned enterprises and labor area surplus firms, who reside or have offices located within zip code 33127. Final Review of Draft RFP (Page 33) 3.14 PROPOSED DEVELOPER MENTORING PROGRAM: A) Describe the proposed plan for a Developer Mentoring Program for Section 3 businesses and other certified small and minority firms, women -owned enterprises and labor surplus area firms and identified participating firms and/or individuals (herein firms and/or individuals). The mentoring program should include hands-on experience and training for firms and/or individuals indicated herein in the entire development process, including the redevelopment of this project. (Requirements of this paragraph are threshold items (refer to Threshold Requirement definition). B) Memorandums of Understanding (MOU's) shall be signed prior to award of contract. Note: Special emphasis is required by the developer for individuals and for Section 3 businesses and/or other certified small and minority, women owned enterprises and labor area surplus firms, who reside or have offices located within zip code 33127. NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 154 NEXT STEPS SUMMARY • Finalize RFP Draft and Resident Engagement Report, which will be an attachment to the RFP. • Forward Final RFP Draft to Office of Commissioner Edmonson for final review/comments. Incorporate review comments. Forward Final RFP to PHCD's Procurement Division for their review and edits. Forward RFP Draft to County Attorney's Office for legal review/comments. Incorporate legal review comments. Publish RFP to developers. After RFP is published, hold pre -proposal conference to brief developers on the requirements of RFP. Respond to developer inquiries during RFP proposal period. NEXT STEPS SUMMARY County Mayor appoints Selection Committee to review RFP proposals. Procurement receives RFP proposals from developers. Initial Selection Committee meeting held, Committee Chair reviews Selection Committee responsibilities with Committee members. • Selection Committee evaluates proposals compared to RFP requirements and scores all RFP proposals. • Selection Committee scores tallied, and Committee Chair (on Committee's behalf) makes recommendation for contract award to Mayor. Mayor reviews recommendation and forwards his recommendation for contract award to the Housing and Social Services Committee (HSSC) and subsequently to the Board of County Commissioners (BCC) for approval. NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will review the information at the pubec hearing to render a recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 155 Redevelopment of Rainbow Village & Gwen Cherry 23C Questions and Responses Questions/comments should be specific to the items discussed tonight about the proposed new development: Funding Sources and Programs, and Final Draft of RFP • Please fill out an index card so that your questions and comments can be answered. If we should run out of time, they will be answered at the next meeting. • PHCD staff is available to assist one-on-one with questions about current units. • Don't hesitate to contact Charesse Chester with any additional questions or comments you might have, at 305-944-7564 or cchester@creativisionmedia.com. • Meeting documents will be available at a website for the project. (https://www.rainbowvillagegwencherry23c.com/) NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will rodew the information at the pubec hearing to render e recommended on or a final decla on. PZ-20-7953 01/15/21 Public Housing and Community Development - Rainbow Village and Gwen Cherry 23C 156 MIAMI•DADE COUNTY NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set torah in the City of Miami Ccde.The applica de decision -making bcdy will renew the information at the public hearing to render a recommendation or a final decision. PZ-20-7953 01/15/21 Appendix A: This Appendix includes all Meeting Flyers, Meeting Invitations, Sign -in Sheets & Comment Cards for each of the Meetings which were held on *June 7, 2018 *June 18, 2018 *September 10, 2018 *September 15, 2018 *October 9, 2018 *October 29, 2018 Public Housing and Co 701 N Mia PUBLIC HOUSING RESIDENTS OF Rainbow Village and Gwen Cherry 23C NOTICE This submtal needs to be scheduled for public hearing In accordance whh tlmelinea set forth in the City of Mlaml Cotle. The appliwtle decIsion-making body will reWew the Information at the public hearing to render a recommendabon or a final decision. PZ-20-7953 01/15/21 Public Housing and Community Development (PHCD) is hosting a resident meeting on Thursday, June 7, 2018 at 6:00 pm at the Overtown Performing Arts Center located at 1074 NW 3rd Avenue, Miami, FL. The meeting is to discuss redevelopment of Rainbow Village and Gwen Cherry 23C. Public housing residents of Rainbow Village and Gwen Cherry 23C are invited to attend and provide feedback in accordance with U.S. Department of Housing and Urban Development rules. For more information please contact the AMP Administrator, Melissa Nichols at 305-751-9985. It is the policy of Miami -Dade County to comply with all of the requirements of the Americans with Disabilities Act. The facility is accessible. For sign language interpreters, assistive listening devices, or materials in accessible format, please call 786-469-4254 at least five (business) days in advance. EQUAL HOUSING OPPORTUNITY RESIDENTES DE VIVIENDA POBLICA DE Rainbow Village and Gwen Cherry 23C Vivienda Publica y Desarrollo Comunitario (PHCD, por su sigla en ingles), convocan a una reunion de residentes el jueves, 7 de junio del 2018 a las 6:00 pm en el Overtown Performing Arts Center localizado en 1074 NW 3rd Avenue, Miami, Florida. La reunion es para hablar sobre el desarrollo para Rainbow Village y Gwen Cherry 23C. Los residentes de vivienda publica de Rainbow Village and Gwen Cherry 23C estan invitados a asistir y participar de acuerdo con las reglas del Departamento de Desarrollo Urbano (HUD, por su sigla en ingles). Para mas informacion por favor comuniquese con su Administrador, Melissa Nichols at 305-751-9985. Es norma del Condado de Miami -Dade cumplir todos los requisitos de la Ley de Discapacitados de los Estados Unidos. La instalacion es accesible. Para solicitar los servicios de un interprete del idioma de las series, dispositivos de ayuda auditiva o materiales en formato especial para discapacitados, por favor Ilamar al 786-469-4254 con cinco dias (habiles) de anticipacion, como minimo. EQUAL HOUSING OPPORTUNITY Public Housing and Co 701 N Mia PUBLIC HOUSING RESIDENTS OF Rainbow Village and Gwen Cherry 23C NOTICE This submtal needs to be scheduled for public hearing In accordance whh tlmelinea set forth in the City of Mlaml Cotle. The appliwtle decIsion-making body will reWew the Information at the public hearing to render a recommendabon or a final decision. PZ-20-7953 01/15/21 Public Housing and Community Development (PHCD) is hosting a resident meeting on Monday, June 18, 2018 at 6:00 pm at the Culmer Community Action Center located at 1600 NW 3rd Avenue, Miami, Florida. The meeting is to discuss housing types, unit amenities and exterior spaces. Public housing residents of Rainbow Village and Gwen Cherry 23C are invited to attend and provide feedback in accordance with U.S. Department of Housing and Urban Development rules. For more information please contact the AMP Administrator, Melissa Nichols at 305-751-9985. It is the policy of Miami -Dade County to comply with all of the requirements of the Americans with Disabilities Act. The facility is accessible. For sign language interpreters, assistive listening devices, or materials in accessible format, please call 786-469-4254 at least five (business) days in advance. EQUAL HOUSING OPPORTUNITY RESIDENTES DE VIVIENDA POBLICA DE Rainbow Village and Gwen Cherry 23C Vivienda Publica y Desarrollo Comunitario (PHCD, por su sigla en ingles), convocan a una reunion de residentes el lunes, 18 de junio del 2018 a las 6:00 pm en el Culmer Community Action Center localizado en el 1600 NW 3rd Avenue, Miami, Florida. La reunion es para hablar sobre tipos de vivienda, comodidades de la unidad y espacios exteriores. Los residentes de vivienda publica de Rainbow Village and Gwen Cherry 23C estan invitados a asistir y participar de acuerdo con las reglas del Departamento de Desarrollo Urbano (HUD, por su sigla en ingles). Para mas informacion por favor comuniquese con su Administrador, Melissa Nichols at 305-751-9985. Es norma del Condado de Miami -Dade cumplir todos los requisitos de la Ley de Discapacitados de los Estados Unidos. La instalacion es accesible. Para solicitar los servicios de un interprete del idioma de las series, dispositivos de ayuda auditiva o materiales en formato especial para discapacitados, por favor Ilamar al 786-469-4254 con cinco dias (habiles) de anticipacion, como minimo. EQUAL HOUSING OPPORTUNITY Public Housing and Co 701 N Mia PUBLIC HOUSING RESIDENTS OF Rainbow Village and Gwen Cherry 23C NOTICE This submMal needs to be scheduled for a public hearing In accordance whh tlmelinea set forth in the City of Mlaml Code. The appliwtle decIsion-making body will reNew the Information at the public hearing to render a recommendab on or a flnal decision. PZ-20-7953 01/15/21 Public Housing and Community Development (PHCD) is hosting a resident meeting on Monday, September 10, 2018 at 6:00 pm at the Culmer Community Action Center located at 1600 NW 3rd Avenue, Miami, Florida. The meeting is to discuss public safety, community spaces and economic development. Public housing residents of Rainbow Village and Gwen Cherry 23C are invited to attend and provide feedback in accordance with U.S. Department of Housing and Urban Development rules. For more information please contact the AMP Administrator, Melissa Nichols at 305-751-9985. Residents who require special accommodation for transportation assistance to attend the meeting, please contact the AMP Administrator, Melissa Nichols at 305-751-9985 by Friday, September 7, 2018. It is the policy of Miami -Dade County to comply with all of the requirements of the Americans with Disabilities Act. The facility is accessible. For sign language interpreters, assistive listening devices, or materials in accessible format, please call 786-469-4254 at least five (business) days in advance. EQUAL HOUSING OPPORTUNITY RESIDENTES DE VIVIENDA PIJBLICA DE Rainbow Village and Gwen Cherry 23C Vivienda Publica y Desarrollo Comunitario (PHCD, por su sigla en ingles), convocan a una reunion de residentes el lunes, 10 de Septiembre del 2018 a las 6:00 pm en el Culmer Community Action Center localizado en el 1600 NW 3rd Avenue, Miami, Florida. La reunion es para hablar sobre tipos de vivienda, comodidades de la unidad y espacios exteriores. Los residentes de vivienda publica de Rainbow Village and Gwen Cherry 23C estan invitados a asistir y participar de acuerdo con las reglas del Departamento de Desarrollo Urbano (HUD, por su sigla en ingles). Para mas informacion por favor comuniquese con su Administrador, Melissa Nichols at 305-751-9985. Los residentes que necesiten alojamiento especial para asistencia de transporte para asistir a la reunion, comuniquese con la Administradora de AMP, Melissa Nichols, al 305-751-9985 antes del viernes, 7 de septiembre de 2018. Es norma del Condado de Miami -Dade cumplir todos los requisitos de la Ley de Discapacitados de los Estados Unidos. La instalacion es accesible. Para solicitar los servicios de un interprete del idioma de las series, dispositivos de ayuda auditiva o materia les en formato especial para discapacitados, por favor Ilamar al 786-469-4254 con cinco dias (habiles) de anticipacion, como minimo. EQUAL HOUSING OPPORTUNITY Public Housing and Co 701 N Mia PUBLIC HOUSING RESIDENTS OF Rainbow Village and Gwen Cherry 23C NOTICE This submMal needs to be scheduled for a public hearing In accordance whh tlmelinea set forth in the City of Mlaml Code. The appliwtle decIsion-making body will reNew the Information at the public hearing to render a recommendab on or a flnal decision. PZ-20-7953 01/15/21 Public Housing and Community Development (PHCD) is hosting a resident meeting on Saturday, September 15, 2018 from 8:00 am to 12:30 pm at the Culmer Community Action Center located at 1600 NW 3rd Avenue, Miami, Florida. The meeting will be a pen -to -paper session. Public housing residents of Rainbow Village and Gwen Cherry 23C are invited to attend and provide feedback in accordance with U.S. Department of Housing and Urban Development rules. For more information please contact the AMP Administrator, Melissa Nichols at 305-751-9985. Residents who require special accommodation for transportation assistance to attend the meeting, please contact the AMP Administrator, Melissa Nichols at 305-757-6636 by Friday, September 14, 2018. It is the policy of Miami -Dade County to comply with all of the requirements of the Americans with Disabilities Act. The facility is accessible. For sign language interpreters, assistive listening devices, or materials in accessible format, please call 786-469-4254 at least five (business) days in advance. EQUAL HOUSING OPPORTUNITY RESIDENTES DE VIVIENDA PIJBLICA DE Rainbow Village and Gwen Cherry 23C Vivienda Publica y Desarrollo Comunitario (PHCD, por su sigla en ingles), convocan a una reunion de residentes el Sabado, 15 de Septiembre de 2018 de 8:00 am a 12:30 pm en el Culmer Community Action Center localizado en el 1600 NW 3rd Avenue, Miami, Florida. La reunion sera una sesion para poner pluma-a-papel. Los residentes de vivienda publica de Rainbow Village and Gwen Cherry 23C estan invitados a asistir y participar de acuerdo con las reglas del Departamento de Desarrollo Urbano (HUD, por su sigla en ingles). Para mas informacion por favor comunrquese con su Administradora, Melissa Nichols at 305-751-9985. Los residentes que necesiten alojamiento especial para asistencia especial de transporte para asistir a la reunion, por favor comunrquense con la Administradora de AMP, Melissa Nichols, al 305-757-6636 antes del viernes, 14 de Septiembre de 2018. Es norma del Condado de Miami -Dade cumplir todos los requisitos de la Ley de Discapacitados de los Estados Unidos. La instalacion es accesible. Para solicitarlos servicios de un interprete del idioma de las series, dispositivos de ayuda auditiva o materiales en formato especial para discapacitados, por favor Ilamar al 786-469-4254 con cinco dias (habiles) de anticipacion, como minimo. EQUAL HOUSING OPPORTUNITY Public Housing and Co 701 N Mia PUBLIC HOUSING RESIDENTS OF Rainbow Village and Gwen Cherry 23C NOTICE This submMal needs to be scheduled for a public hearing In accordance whh tlmelinea set forth in the City of Mlaml Code. The appliwtle decIsion-making body will reNew the Information at the public hearing to render a recommendab on or a flnal decision. PZ-20-7953 01/15/21 Public Housing and Community Development (PHCD) is hosting a resident meeting on Tuesday, October 9t", 2018 from 6:00 pm to 8:00 pm at the Culmer Community Action Center located at 1600 NW 3rd Avenue, Miami, Florida. The meeting will be to discuss information about redevelopment funding sources and programs, as well as the Initial Draft Request for Proposal. Public housing residents of Rainbow Village and Gwen Cherry 23C are invited to attend and provide feedback in accordance with U.S. Department of Housing and Urban Development rules. For more information please contact the AMP Administrator, Melissa Nichols at 305-751- 9985. Residents who require special accommodation for transportation assistance to attend the meeting, please contact the AMP Administrator, Melissa Nichols at 305-757-6636 by Friday, October 5t", 2018. It is the policy of Miami -Dade County to comply with all of the requirements of the Americans with Disabilities Act. The facility is accessible. For sign language interpreters, assistive listening devices, or materials in accessible format, please call 786-469-4254 at least five (business) days in advance. EQUAL LOUSING OPPORTUNITY RESIDENTES DE VIVIENDA PUBLICA DE Rainbow Village and Gwen Cherry 23C Vivienda Publica y Desarrollo Comunitario (PHCD, por su sigla en ingles), convocan a una reunion de residentes el martes, 9 de Octubre de 2018 de 6:00 pm a 8:00 pm en el Culmer Community Action Center localizado en el 1600 NW 3rd Avenue, Miami, Florida. La reunion sera para dar informacion sobre las fuentes y programas de financiacion para la reurbanizacion, asr como el plan inicial para la Solicitud de Propuestas. Los residentes de vivienda publica de Rainbow Village y Gwen Cherry 23C esten invitados a asistir y participar de acuerdo con las reglas del Departamento de Desarrollo Urbano (HUD, por su sigla en ingles). Para mes informacion por favor comunrquese con su Administradora, Melissa Nichols at 305-751-9985. Los residentes que necesiten asistencia especial de transporte para asistir a la reunion, por favor comunrquense con la Administradora de AMP, Melissa Nichols, al 305-757-6636 antes del viernes, 5 de Octubre de 2018. Es norma del Condado de Miami -Dade cumplir todos los requisitos de la Ley de Discapacitados de los Estados Unidos. La instalacion es accesible. Para solicitar los servicios de un interprete del idioma de las series, dispositivos de ayuda auditiva o materia les en formato especial para discapacitados, por favor Ilamar al 786-469-4254 con cinco dias (habiles) de anticipacion, como minimo. EQUAL RODSINC OPPORTPUTT Public Housing and Co 701 N Mia PUBLIC HOUSING RESIDENTS OF Rainbow Village and Gwen Cherry 23C NOTICE This submMal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miaml Code.The applicade decision -making body Nall[ review the Information at the public hearing to render a recommendation or a final decision. PZ-20-7953 01/15/21 Public Housing and Community Development (PHCD) is hosting a resident meeting on Monday, October 29th, 2018 from 6:00 pm to 8:00 pm at the Culmer Community Action Center located at 1600 NW 3rd Avenue, Miami, Florida. The meeting will be to discuss information about redevelopment funding sources and programs, as well as the Final Draft Request for Proposal. Public housing residents of Rainbow Village and Gwen Cherry 23C are invited to attend and provide feedback in accordance with U.S. Department of Housing and Urban Development rules. For more information and for residents who require special accommodation for transportation assistance to attend the meeting, please contact the AMP Administrator, Melissa Nichols at 305-757-6636 by Thursday, October 25th, 2018. It is the policy of Miami -Dade County to comply with all of the requirements of the Americans with Disabilities Act. The facility is accessible. For sign language interpreters, assistive listening devices, or materials in accessible format, please call 786-469-4254 at least five (business) days in advance. EQUAL HOUSING OPPORTUNITY RESIDENTES DE VIVIENDA PUBLICA DE Rainbow Village and Gwen Cherry 23C Vivienda Publica y Desarrollo Comunitario (PHCD, por su sigla en ingles), convocan a una reunion de residentes el lunes, 29 de Octubre de 2018 de 6:00 pm a 8:00 pm en el Culmer Community Action Center localizado en el 1600 NW 3rd Avenue, Miami, Florida. La reunion sera para dar informacion sobre las fuentes y programas de financiacion para la reurbanizacion, asr como el plan final para la Solicitud de Propuestas. Los residentes de vivienda publica de Rainbow Village y Gwen Cherry 23C esten invitados a asistir y participar de acuerdo con las reglas del Departamento de Desarrollo Urbano (HUD, por su sigla en ingles). Par mas informacion y para residentes que necesiten asistencia especial de transporte para asistir a la reunion, por favor comunrquense con la Administradora de AMP, Melissa Nichols, al 305-757-6636 antes del jueves, 25 de Octubre de 2018. Es norma del Condado de Miami -Dade cumplir todos los requisitos de la Ley de Discapacitados de los Estados Unidos. La instalacion es accesible. Para solicitar los servicios de un interprete del idioma de las series, dispositivos de ayuda auditiva o materia les en formato especial para discapacitados, por favor Ilamar al 786-469-4254 con cinco dias (habiles) de anticipacion, como minimo. EQUAL HOUSING OPPORTUNITY ,gyp PUBL/c • NOTICE This submittal needs b be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code.The applica de decision -making bcdywill review the infonnajon at the pubc hearing to render a recommendation or a final decision. COUNTY June 7, 2018 PUBLIC HOUSING AND COMMUNITY DEVELOP PUBLIC HOUSING RESIDENTS OF RAINBOW VILLAGE AND MEETING#1 SIGN -IN SHEET VENUE Overtown Performing Arts Center 1074 NW 3rd Ave Miami FI 33136 DATE AND F; °lamsled ,riwInamen.fC0 f eoto �:anInekfl& a.wo°anCdeck. ie Rcomme 6 p.m.- 8 p.m. Thursday, June 7, 2018 PZ-20-7953 01/15/21 Name / Address / J 3) Phone Number 3G..�f 2 51 E-mail Address as, 1 ,r�( fV etvyn Irvc-1�4 �Uli)n ba qv) Z ie,,.� s . AL t .1 harts. vin\/644, 0S)( kt,d lik Sa At' 331= '-'AIL-222_ 4-6-e) varifieva4Q. r .e rg A. ,e ovt C ( 4 soh )-1 Cra NV z " 54 . lai'j 01')522 1) @ • ti \ , c '-` - , -Cn 62-1.95oy\ (4U0 Avv\, 22 S y 1-6453)1g2 1 Ll\laSun 1 9lC 6--i.9r`nci I. i crrIn •J Lli 6 /7//,,, f 54,., &/, .' -3S.- U(//- /44119/-e41 °sM��er-.) - (- --? _0 ` w 1 s -u Lt ►`, Co r 5 w c 1 4 0 L,,,, , W v t CoPre�-e h 01J im7` -fA 6 «ruo.,vW t ve . ?oS 335-9ff 42,.�C Q f'rna..4 .Ly e.4411_IF- 0 t- j N_ V? NOTICE This submittal needs to be scheduled fora public hearing in accordance wilig timelines set forth In the City of Miami Code. The applicade decision -making body will review the Information at the pube hearing to render a recommendation or a final decision. \ PZ-20-7953 %AV ��R��/15/2 Q�ti� EVIEW C0 �jv in r(AL prvJect, WCv ri r�s�c!-e /Its 5-e er 77 r\ Residents � p��f��C CI l keECC � re�GtA�Ur� (<:.-k This submRtal needs to be scheduled fora public hearing in accordance whh timelines set forth In the City of Mlami Code. The applioatte deelsion-making body Hill renew the information at the public hearing to render recommendation or a final decision. ,gyp Puatic irk.° a 2 NOTICE GI This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca decision -making body will review the information at the pubc hearing to render a recommended on or a final decla on. COUNTY June 18, 2018 PUBLIC HOUSING AND COMMUNITY DEVELOP PUBLIC HOUSING RESIDENTS OF RAINBOW VILLAGE AND MEETING#2 SIGN -IN SHEET VENUE Culmer Community Action Center Multipurpose Room 1600 NW 3rd Ave Miami, FL 33136 DATE AN 6p.m.-8p.m. Monday, June 18, 2018 Th4saubrntel nee. to scheduled for a b rym In accordance wIth trnelines set forth n the cm rm../ the Irvlormaton at the put,. he., to render,. reyornmendel on or a final de. on PZ-20-7953 01/15/21 Name r-3CA," gf'Q'-)1°1 Address Phone Number E-mail Address 11DP- ARAJ `-2_- LLB /ci- o t ro Lt)4 ry ` hc%I 1 a •/r (,),01 less I Cam- p1kd1 1. 4- N AI ?4'4 01Ve, ) - 055 J61 10r 441 I bl) 4 I 69yrvi 1 t . o rAcial,i- n n -zii8 ,(I. ci-Js 3 iie .,f . ' - i - k1IAMI.E COUNTY PUBLIC HOUSING AND COMMUNITY DEVELOP PUBLIC HOUSING RESIDENTS OF RAINBOW VILLAGE AND MEETING#2 SIGN -IN SHEET VENUE Culmer Community Action Center Multipurpose Room 1600 NW 3rd Ave Miami, FL 33136 DATE AN + 6 p.m..- 8. p.m. Monday, June 18, 2018 PZ-20-7953 01/15/21 Name Address. Phone Number E-mail Address 7ock_A.ri I Scil 366 it) (x) a2 5-1 PUBLIC HOUSING AND COMMUNITY DEVELOP PUBLIC HOUSING RESIDENTS OF RAINBOW VILLAGE AND MEETING#2 SIGN -IN SHEET VENUE Culmer Community Action Center Multipurpose Room 1600 NW 3rd Ave Miami, FL 33136 DATE A �ornmeruld on or a final PZ-20-7953+� 8 p.m.- 8 p.m. Monday, June 18, 2018 Name Address ! , ! (IC) 3-ALAJ— Phone Number AV / ik G0053 yu (/ ` - ra wfzf 1)67k\ s 1)0& Ay) .3 ,).,,v0_c. _` 7 5-1. 5 -445C11 (6 i 4, d Bq iJt i • a fk, L. ',Is- (\ -`17-o / PUBLIC HOUSING AND COMMUNITY DEVELOP PUBLIC HOUSING RESIDENTS OF RAINBOW VILLAGE AND MEETING#2 SIGN -IN SHEET _VENUE Culmer Community Action Center Multipurpose Room 1600 NW 3rd Ave Miami. FL 33136 _DATE 6 p.m.- 8 p.m. Monday, June 18, 2018 :LW ZVoZgrarge'p7J:=InVol= recornmen. onPZ-20 �7953 decalr a final 01/15/21 Name Address Phone Number -mail Address y iY -) �llrP 4 1 j ,2cA--7 g,.} s-C1-4-1 f'-F 7 nt - 3 #- C.1574.0 ale, r -tr i —Iry -v s-f'ij le , A:), c*1 L-,C; t"-,. l c, ,,n 44,, 0rrhdi r 19 IJ.w rg V fv Mai Demlk '? t mil. &Yn +I f S-c_, ,.- ems, C i 6 cm, 1-1 0 0~ ry w 2 2_ 6 k,, 7-L13 L P O 15 , -- if `C jL riAQ P\ 156 +U -LU . I6 4E r Vrni-) �Y i 1--f n r i) r`' ;'.5 O 1' = -till ill -Lf eCr 1 riff red-4-Drci Chi e+ al). 0 PUB�� 1 p_e_lv_41Av _or- NOTICE This submittal needs to be schebu Led bra public hearing In accordance wtlh timelines set forth in the City of Miami Cede. The appllcade decision -making burly will review the Information at the public hearing to render a recommended on or alms' decision. PZ-20-7953 01/15/21 'VIEW CO olio lot n DWoctid Residents PUBL., tUld 5-11 1)-e, (A ilt_Ote /01.,c31 ucalf _S 1 7 °to NOTICE This submittal needs to be schedu Led far a public hearing In accordance timelines set forth in the City of Miami Cede. The appLica declalon-rria Icing burly review the Information at the public hearing to render a recommended on or eine' decision. PZ-20-7953 01/15/21 ‘te t,N4; 'VIEW CO' a --FP cr) v\irdc4t- k w, +7 jor iJ 0=e_ who 4-ke tAni. r- _ _ ec4. _ This submRtal needs to be scheduled fora public hearing In accordance whh timelines set forth In the City of Miami Code. The appliratte decision -ma long body MI review the information at the pubic hearing to render recommendation or a final decision. oLoa�.l Ll�u� LOnK L i�e- The submtal needs to be scheduled fora public hearing accordance with timelines set forth In the City or Miami Cede The appdea Fie decIsion-making bctly rnll review theinfonnaton at the pubije hearing to render recommendation or a find l deco on. PZ-20-7953 01/15/21 ,gyp PUBL/c NOTICE This submittal needs b be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code.The applica de decision -making bcdywill review the infonnajon at the pubc hearing to render a recommendation or a final decision. COUNTY September 10, 2018 IAM I•DADE COUNTY PUBLIC HOUSING AND COMMUNITY DEVELO PUBLIC HOUSING RESIDENTS OF RAINBOW VILLAGE AND MEETING#3 SIGN -IN SHEET VENUE Culmer Community Action Center 1600 NW 3rd Ave Miami FL,33136 DATE A In accordance., OmelineS Set fOrth in the CV& Miami Code The applicable decision making bccly PZn 20-795319On 01/15/21 6 p.m. — 8 p.m. Monday, September 10, 2018 Name 'R ‘ c T Owe (j Address 3 &— ev _ .. , 5-r '.- D.. yrci E-mail Address ao 4liz-4-iil A8— 2o53 IQ to Li- - /86Z'/56'i 3a.._ om,,, 306 cub-) 22_S-1— —78't—,(7,--&3? i,,,i- w 7),b1/6. � �o /� r 2e6 5,,r,ffoll rzi)11() 001) p 5 C9,100 ilit} 3 AP,. 17gW/I j esi) i! ; s 4(6-/ ,- 'asits- cv-1- AiJirps Nof 6 PUBLIC HOUSING AND COMMUNITY DEVELO PUBLIC HOUSING RESIDENTS OF RAINBOW VILLAGE AND MEETING#3 SIGN -IN SHEET VENUE Culmer Community Action Center 1600 NW 3rd Ave Miami FL,33136 DATE A Miami Code The applicable decision making Ludy PZ-20-7953 a n 6 p.m. — 8 p.m. Monday, September 10, 2018 Name Address Phone Number E-mail Address ..; Q , R , S4I. 3.27/ kt Q vf4 3D .5'76 q, z4 ri o ui . sue, 7 �ss7_ssg- Ia (4 Aoki MIAMI-DADE COUNTY PUBLIC HOUSING AND COMMUNITY DEVELO PUBLIC HOUSING RESIDENTS OF RAINBOW VILLAGE AND MEETING#3 SIGN -IN SHEET VENUE Culmer Community Action Center 1600 NW 3rd Ave Miami FL,33136 DATE A abo Mewing Miami Code The applicable decision making bccly PZ-20-7953 01/15/21 6 p.m. — 8 p.m. Monday, September 10, 2018 Name Address MgrPhone Number E-mail Address- 4111 i /39c A% `% ilo t.o • ACC- -7st 2-77-6 / Poxey-tiqkc(ei � . `f34 ;n-/, { %�'� 0 �, no?( y* d1W G0 )i3z lY)P -Q1/(6 Zr ici ► 0,4/1 l I PUBLIC HOUSING AND COMMUNITY DEVELO PUBLIC HOUSING RESIDENTS OF RAINBOW VILLAGE AND MEETING#3 SIGN -IN SHEET VENUE Culmer Community Action Center 1600 NW 3rd Ave Miami FL,33136 Address 01/15/21 DATE A 6p.m.-8p.m. Monday, September 10, 2018 Phone Number E-mail Address ()\\--2 \ -11111 AIM E E b 1 o r ()c j--./ 67 w Lc -, L ea:-4 pa r W‘11 vv(- tot' Ate -,kku C.ovv c, it4c-f For NI CO e--- This submittalrreeds to be scheduled tar a pnb& hearig accordance With timelines set forth in the (Rya( Miami Code. The applca Ge decision-maFeg bodyvdt review the inlormdon at the public hearing to rendera re ommendad on Or a final decision. PZ-20-7953 01/15/21 NOTICE The submtal needs to Ix scheduled fora public hearing In accordance wAh timelines set forth In the City or Miami Cede. The epplIce de decision -making bctly MI 'avewihe infor matnn at the public hearing to render arn recomendad on or a hnaI. deco on. PZ-20-7953 01/15/21 1 L r tQk1 +n 064 NOTICE mis submietel needs b be scheduled fora public hearing in accordance wipM1 timelines see forth in the City of Miami Code. The applicable decision -making hotly will review the information at the public hearing to render a recommendat on or a final deciv on. PZ-20-7953 01/15/21 _ 1 X0\.\a_ \\\f\e_ - )69---V-6.6\c-n \Xor3ns, ,gyp PUBL/c NOTICE This submittal needs b be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code.The applica de decision -making bcdywill review the infonnajon at the pubc hearing to render a recommendation or a final decision. COUNTY September 15, 2018 MIAMIDADE COUNTY PUBLIC HOUSING AND COMMUNITY DEVELO PUBLIC HOUSING RESIDENTS OF RAINBOW VILLAGE AND MEETING#4 SIGN -IN SHEET VENUE Cuimer Community Action Center 1600 NW 3rd Ave, Miami, FL 33136 In accordance., OmelineS Set fOrth inthe CVO., Miami Code The applicable decision making bccly PZ-20-7953 DATE 8:00 a.m.- 1 Saturday, September 15, 2018 01/15/21 Name Address Phone Number E-mail Address ,2c-Z-L C.1G tkusA z,q hqcoi-40 5 cl .751r-,K e 7gs e/2 S 5 /(G 1 i' ,�Gic T/ GA Liek. " @ C, M 4i t. c o "., -' 1 \\S11t \)\• 1` , �d' n kr rsr ei,Sw'!t5�� Cie , ;'llc�,1-�, 3.I �',r k q -Zoo n19e,l u='FCI `I �I�9MQl i ( ---Ks .)0-isee,Cf leS--t-e ?a/4 u I ��1 rill-l" rr:0, rr, G,crd sII-4 r"--1 -78(0_7-,WiF �SC15To � Z ��xCP, d u rl� uk0te / C1Z(ta Co? i 1L,r7 cIV 'j C- ©a -� (S)' i ,,I' ilrltAn e 432,u qua +-iOtil ave 7];^41,40 1;". 330117 q5u-3(-16-ascic) wowe.21 chco corn rLC,( aftivIRD 2‘)55. 14 k) 46- -7gvel54 Xoryt)o.r;r+ An- 0H( . rt 53i i? g9 Pk,' lcr % 6-.7 -q -76 tt� ri A 3(S U",• C. PC•CLra /-e, trN,` /`L I f 9-0a-`1 ' e( 7�6., Lla�-3a3 i Quo,m _31) 01 J- _,.5e llo ?- 5--T 3D5 1,-0-A -4' -- T crtat; ✓, 5Ionrrmc1,o, • Cnm a.K.1 t.60 CriS-h k I 0 i+v 0we t &7 1.00D 3C)S- CP--I°d - -0°9 CC15h\IC)(7,Cr-c et{; ke i3 dC,n CI i Ck 4 Cs,✓Y) M IAM I-DADE COUNTY PUBLIC HOUSING AND COMMUNITY DEVELO PUBLIC HOUSING RESIDENTS OF RAINBOW VILLAGE AND MEETING#4 SIGN -IN SHEET VENUE Culmer Community Action Center 1600 NW 3rd Ave, Miami, FL 33136 �ommeohoble aae pubbc hearing In nthe CVO., Miami Code The king bccly 90 PZ-20-7953 01/15/21 DATE 8:00 a.m.- 12: Saturday, September 15, 2018 Name IOW o ti t N O un1.5S Address o210v N w 3 Yd U�° Phone Number 7-8 6 _ g ?'" 12-0_ E-mail Address kit, v r. SJ ci 3e,1,-0 4 p`ei l 1 , co ,-, 1:)( S "Dcc'je-11 3n-a .A4,co,. ',sT 7 Cv-g3J-4-3ol :IA) )11: kn C6tikeZ 0 1,4 - 01 (DO '17 -ct IN-2 - E Q -1+(36) 0e-6141,-4- (2_ -,0".0A/c&-S2z . cfcbvi_ PA 0.f) ni/2 C ", A i.)4 so NI 2, I i q ig 1,0 , A- u .e 1 '? qiv q - wes NkAriCC. z I V L 1 zz zJ SL.,' WI- CT (3) 30 1- "-i-zzz 3 3 tA, A 2.T 30s sg O2 2M-I 'Y (�?I•P� erAC om M )6 ) V. 'C C) ; IMMIv i *- g,i'C( V 1 PUBLIC HOUSING AND COMMUNITY DEVELO PUBLIC HOUSING RESIDENTS OF RAINBOW VILLAGE AN MEETING#4 SIGN -IN SHEET VENUE Culmer Community Action Center 1600 NW 3rd Ave, Miami, FL 33136 DATE Pin submittal need, en ne oche. led tor a public hearing in accordance., ijirnlineS Set tOrth inithe CVO,. recommend. on or final decinon 8:00 a.m.- 12: Saturday, September 15, 2018 PZ-20-7953 01/15/21 Name Address Phone Number E-mail Address t�v�r \\ G (("0 w v� 66,0 Tc [II WE E(14u0.,v,c, 'V) No 21 54 0-i 4 O� 563 s � S ti�L' 4 A=^ L� � Vl l?�( vv\ (mot (-ISO X7?-6381 1 -3 i Pecizuvw3,k4-,21:40,2_4 c yn 1. Cc) ,gyp PUBL/c • NOTICE This submittal needs b be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code.The applica de decision -making bcdywill review the infonnajon at the pubc hearing to render a recommendation or a final decision. COUNTY October 9, 2018 PUBLIC HOUSING AND COMMUNITY DEVELOP PUBLIC HOUSING RESIDENTS OF RAINBOW VILLAGE AND MEETING#5 SIGN -IN SHEET VENUE Culmer Community Action Center 1600 NW 3rd Ave, Miami, FL 33136 DATE AN NOTICE tym" n 19On PZ-20-7953 01 /15/21 6 p.m. — 8 p.m. Tuesday, October 9, 2018 Name Address Phone Number JCr cT--tr73 fJ E-mail Address r r4(AI b u) c -- P c- ) 6,47'ri/ Tina, IL , Cavv- 4 ` C6- k)C.tJ ' ` & lJ' - ii-nn -P7k..Abom Li Nrka5,2,0 4 ))e- (g).5e-3/3922 Iffy ' ,6(010,4,Atero CaLit Xtj-L-4 l 2/, C� �z.6'--cry' 7 �$' �" F._•_ o g..... 2 !-'r[�L� �`-tf �1r,.,1� li 1 l t I� E Y -11,[ t PP �j, 7%-' i /OGil os‘•a t\.sco zii7 A-3,3 . q--33Ya ' LIA) ieiA ,-eek-- Q1c- mi) -34 AkG 6 f (3(9 ;ZA-A4/ Vi((6 PUBLIC HOUSING AND COMMUNITY DEVELOP PUBLIC HOUSING RESIDENTS OF RAINBOW VILLAGE AND G MEETING#5 SIGN -IN SHEET VENUE Culmer Community Action Center 1600 NW 3rd Ave, Miami, FL 33136 DATE AN NOTICE accordance vernOmelinel Set °Rh in the CIty Of Miami Code The applicable decision making bccly PZn 20-795319On \01 /15/21 6 p.m. — 8 p.m. Tuesday, October 9, 2018 Name Address Phone Number E-mail Address T t \ ct kiu II I .ct`izci lay 3'"4 e 5(1 &7 n uol'/ limt`eia 29 <4 yam, 6 coy- i 7-1-6)Jj_Y-- Vjam\K 2 J J N 103r -K'��L) -g6z3 COUNTY PUBLIC HOUSING AND COMMUNITY DEVELOP PUBLIC HOUSING RESIDENTS OF RAINBOW VILLAGE AND G MEETING#5 SIGN -IN SHEET VENUE Culmer Community Action Center 1600 NW 3rd Ave, Miami, FL 33136 In accordance., OMelineS Set fOrth inthe CVO., Miami Code The applicable decision making bccly PZ-20-7953 01/15/21 DATE AND 6 p.m. — 8 p.m. Tuesday, October 9, 2018 Name Address Phone Number E-mail Address 4Cilt teak HalitC X,Sr in-C7 kr-cV1M-f 0 C1Oi77eCCC. . 7'�-e qhp -To i7,I aT s6 /V-Lk/ 3 /9 A- i ? -�d,17 1-7A- Lam: - C- il:- , c Q n-\ SIGN —IN —SHEET Home Owner Workshop Name S. ro.)-\4<-edit\o, (--a/16- Phone Ir(gE'-o-TH 3 E-Mail This submittal needs to be schebu led fora public hearing in accordance wM timelines set forth in the City of Harrel Code. The applIcabe decision-mabing bodywill review the Information at the public heaving to rend er a recommendali on or a final becisi on. PZ-20-7953 01/15/21 Signature ilzcinoQs t d Hcu1 This submittal neads to be schedu Led kr a peibk healing accordance with timelines set forth in the City of Kami Code. The applzabl.e decision kng body review the intormabon at the public hearng to render a reCOrnmendat on or final d¢cidOh. PZ-20-7953 01/15/21 i'.-kg- e,r/,.,or---ok)a oi-oez_ las 0/Y,A145. seavk MAS cmdLe 1 f3b 506AA ---4 ca- ( LtesPiro-15r I1/4,0; tr-0-en5-°--5 tAiN hiP no (15 kJ' A-D 4.4—e, LA01 Residents 10 Puat,c Co i ke n,,2 Q. NOTICE CI The submtal needs to be scheduled fora public hearing accordance with timelines set forth In the City or Miami Cede The appdea Fie decIsion-making bctly rnll review the information at the pubije hearing to render a recommendation or a fine l deco on. '71-4.- ----L3u DLDL), PU OWE utpor,? Mai 1 (11-6 1.04-I-D r -� mOtl� l.,L�� re_��tc� bE 90r nC�. PZ-20-7953 01/15/21 Ole 45cLe._ 0-e 5 car m re -- -6e di-` Q -- 1 4 ,r4k V, (,(r,,i-e/c LC ' ,gyp PUBL/c • NOTICE This submittal needs b be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code.The applica de decision -making bcdywill review the infonnajon at the pubc hearing to render a recommendation or a final decision. COUNTY October 29, 2018 PUBLIC HOUSING AND COMMUNITY DEVELO PUBLIC HOUSING RESIDENTS OF RAINBOW VILLAGE AND MEETING#6 SIGN -IN SHEET VENUE Culmer Community Action Center 1600 NW 3rd Ave, Miami, FL 33136 subrnrttalneed, bescheduled lora pubbc hearing In accordance., OmelineS Set fOrth IntheCIVOI Miami Code The applicable decision making bccly r.ewthe..ima,ion anhe oender PZ-20-7953 01/15/21 DATE 6 p.m. — 8 Monday, October 29, 2018 Name Address Phone Number E-mail Address r_c-F-"Ei)c 2. e)G 7 ALO LOA, c_)— , ;al-- .3's---, r2st ---S? 6-- oe L., oti:- CeM-ILla-f c' • -rCs•-7 7 g irt-ty A-iii CL"(e/ • "'cal? e 1/1-ket; I • 40.-Je .. 7., D 0 uie1 i i f, _....., , I A c-E, ,',2.- c r vi-vv -1---- / .? d ItI w 3),6 • Q re Oh, - 7 8 Gc('- g VS Z qbn miAi 22. se, --5er-,jrc_a, G do 0.1.3 Zr 0 frZe 7Y1 C'''' 4--- 1 ° ,/ 7 e5 ( - 357-0747 /47-1/e-P.IA wile. 1 C7 4 /47 ,to.:1.,lict 4ity452_ ? (0 /1/16-4(dr 7 6,/ ' Pt) (0-e-e-----27 S T rasite-1,/,_ 30E, M IAM I•DADE COUNTY PUBLIC HOUSING AND COMMUNITY DEVELO PUBLIC HOUSING RESIDENTS OF RAINBOW VILLAGE AND MEETING#6 SIGN -IN SHEET VENUE Culmer Community Action Center 1600 NW 3rd Ave, Miami, FL 33136 DATE chearing renewiteinforrnabon at the pubbc hearing to render a recommen.onor final PZ-20-795319On 01/15/21 6 p.m. — 8 p. Monday, October 29, 2018 Name Address Phone Number E-mail Address e 0 C ecLA, ,205/ We Li -S3 V_Vz)vbk( l -ele' l!;16 y 6 friall - (-e vi //m 4 ,(A 25 Ai k_) Y-- ' 6CQ 2,'1.541 ) ev t� C.rilA -J \ 1�(-)uJ3do) (; 5475 1innq r rd '(")rc), r)P1f" qa i o'` 'T A l5 MI LIn° :11CM V ©`C°V' , aoby NU 3'i':.6e go()1 a173 1,1Ar140,�km;k .c0 Pat, r, a - , -, �,/4fj, A ycC,-3i-) 1 C`f-,,•-k-,' cc-TaC is u ,i t.21 CoJi-Y, G,'I i k, ii q.-2 1 !2. Z C 1017q--- ,rn°ia rj Q J A,15ez1 / fV /61 i C.-'t/ 7 _5'1 ' LV053'6.5 CAvu c. ����cjr 76'3 2.) .� 61�W 3rd�(�qs-�I� 62� ; fi \ 1l' —7 2 fU 2 3-f-- PUBLIC HOUSING AND COMMUNITY DEVELO PUBLIC HOUSING RESIDENTS OF RAINBOW VILLAGE AND MEETING#6 SIGN -IN SHEET VENUE Culmer Community Action Center 1600 NW 3rd Ave, Miami, FL 33136 NOTICE This submit. needg to ne ache. led tor a °9 In aCC011an.WIIMInellnen Set tOrth In the Clty Of recommend. on or a final de.on PZ-20-7953 01/15/21 DATE A 6p.m.-8p. Monday, October 29, 2018 Name Address Phone Number E-mail Address + c C, I -10 eY" 1_0 Ai V V I k c �- -] $�- 3i S 6o i9 1`l�e-li s G vv,+ , C 0v1, l 0 4- PU$rt,�, NOTICE The submtal needs to be scheduled fora public hearing accordance with timelines set forth In the City or Miami Cede The appdea Fie decIsion-making bctly rnll review the information at the pubije hearing to render a recommendation or a fine l deco on. PZ-20-7953 01/15/21 RE SV r Ew ca''�'Q (2) v-k:1_, h-ep cs; Ill 4,1 CSC \Ki .eco Puatic *.• 4' o -P ft ,0„, .7.• Eq. o NOTICE The al brrIrttaL needs to Ix scheduled far a public hearing In accordance with t rnellnes set forth In the City of Miami Cede The appLica decislon-rna king by eLI review the inforenaton at the pubhe hearing to render a recommended on or a firle[ decIR on. PZ-20-7953 01/15/21 -1+ kJ Vr71(j. &r ik b Da. )( k on JkQ 1)(6_0 rt--..c1 eVc -1-1TP 10 Qua 1c NOTICE �' The submtal needs to lee scheduled fora public hearing accordance with timelines set forth In the City or Miami Cede The appdea Fie decIsion-making bctly rnll review the information at the pubije hearing to render a recommendation or a fine deco on. PZ-20-7953 /21 hey) vvi( f�e 2; if 1AJt1 14112- vei ii /di ,bcc3 /1„04 116°E- piov: ot)2. voi -I-- Y i t1 b C-ir vu) Lev be_ (El, 1-11E \,) e 0 4- PUic, NOTICE The al brrIrttaL needs to be scheduled far public hearing In accordance with timelines set forth In the City of Miami Code. The applicat/e decision -making body rnll review the information at the pubije hearing to render a recommended on or a final decia on. PZ-20-7953 01/15/21 'a% t 0 C( J f fQ t'A PUBL.��, NOTICE The al brrIrttaL needs to be scheduled far public hearing In accordance with timelines set forth In the City of Miami Code. The applicat/e decision -making body rnll review the information at the pubije hearing to render a recommended on or a final decia on. PZ-20-7953 01/15/21 RE r Ew cc" NOTICE The submtal needs to be scheduled fora public hearing accordance with timelines set forth In the City or Miami Cede The appdea Fie decIsion-making bctly rnll review the information at the pubije hearing to render a recommendation or a fine l deco on. C �#-r✓ /22. -1/ c t r1--/,e. c_ t-2,7)'ac--r -9 fn ufiyrcf/r a7 r, p 7J/ i. q- 1' 4.4-7 PZ-20-7953 01/15/21 E1/r EW CO /70 c te$/J / r e c e ,' r✓� c( CG k. 7105 !� oio ,gyp PuaL,C Os ti This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appLIca decision -making body will review the information at the pubc hearing to render a recommended on or a final decla on. COUNTY End of Report ,gyp PURL/ . NOTICE This submittal needs to be scheduled fora pubUc hearing o accordance with Umelinr, set forth in the City of Miami Code. The applicat/e decision -making body vnLI revew the infomiaaon at the pubUc hearing to render a recommendation or a final deed on. Miami -Dade Public Housin. and Communit Develo.ment - Redevelo.ment of Rainbow Villa. e and Gwen Chen 23C PUBL1c, MIAMI•0 COUNTY March 18, 2021 Mr. Cesar Garcia -Pons City of Miami Planning Director 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33131 0 a Public Housing and Com 701 N T 786-469-41 Re: Rezoning Application PZ-20-7953 / 2000 NW 3rd Avenue (the "Property") Dear Mr. Garcia -Pons: NOTICE sehetluled for alpu hyer al i, FLIMAC3698a14 7869.4894419 IE As you may know, Housing Trust Group, LLC ("HTG") is the ground lessee of the above - referenced Property, which is owned by the Miami -Dade County (the "County") Public Housing and Community Development Department. In furtherance of HTG's efforts to redevelop the Property, HTG has applied to the City of Miami for a rezoning of the Property from T4-L to T5- 0 under City of Miami Process No. PZ-20-7953 (the "Rezoning Application"). Please accept this letter as a supplement confirming that the County is a Co -Applicant on the Rezoning Application, along with HTG. If you have any questions, please do not hesitate to contact me. Sincerely, Michael Liu, Director Enclosures cc: Kemarr L. Brown, LL.M, MA.IA, Assistant Director of Planning • Q�k. CO, giont on, 'tarter Is the woad Miami -Dade County Public So giving our stude Superintendent of Schools Alberto M. Carvalho January 12, 2021 VIA ELECTRONIC MAIL Mr. Ryan Bailine Greenberg Traurig 333 SE 2nd Avenue Ste. #4400 Miami, FL 33131 bailiner@gtlaw.com RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS HOUSING TRUST GROUP, LLC- PZ-20-7953 LOCATED AT 2000 NW 3 AVENUE PH0120111100527 - FOLIO NO.: 0131250630020 Miami- P Dr. Dr. Dor This aubmtal needc to be scheduled fo-r a public hearing In accordance with timelines set forth In the City or Miami Code. The applicable decision -making body refill review thelntormation at the public hearing to render recommendation or afire deciaon. a Dr. avarro Dr. Marta Perez Mari Tere Rojas Luisa Santos 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 301 multifamily units, which generates 24 students; 13 elementary, 5 middle and 6 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. Bestards, 1 Ivan M. odnguez, R.A. Director Enclosure L-135 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 Avenue • Suite 525 • Miami, FL 33132 305-995-7285. 305-995-4760 (FAX) • valonso2@dadeschools.net Concurrency Management System (C Miami -Dade County Public Schools "n NOTICE This submittal needs b be scheduled for a public hearing In accordance with timelines set forth in the City of Miami Cede. The applica de decision -making bcdywlll ,.,_ .,,recon,met,aauo� or a nnal ee I w ,,, ,e S PZ-20-7953 son Miami -Dade County Public Schools 1,�, 03/03/21 A. Concurrency Management System ReVI EW CO Preliminary Concurrency Analysis MDCPS Application Number: PH0120111100527 Local Government (LG): Miami 11/2020 12:59:24 LG Application Number: PZ-20-7953 Date Application Received: PM Type of Application: Public Hearing Sub Type: Zoning Applicant's Name: Housing Trust Group, LLC Address/Location: 2000 NW 3 Avenue Miami, Florida 33127 Master Folio Number: 0131250630020 Additional Folio Number(s): PROPOSED # OF UNITS 301 SINGLE-FAMILY DETACHED 0 UNITS: — SINGLE-FAMILY ATTACHED 0 UNITS: MULTIFAMILY UNITS: 301 CONCURRENCY SERVICE AREA SCHOOLS Facility Name Net Available Seats Capacity Required Seats LO Taken al M ource Type 1441 PAUL LAURENCE DUNBAR K-8 CENTER (ELEM COMP) 0 13 0 NO Current CSA 1441 PAUL LAURENCE DUNBAR K-8 CENTER (ELEM COMP) 0 13 0 NO Current CSA Five Year Plan 1441 PAUL LAURENCE DUNBAR K-8 CENTER (ELEM COMP) 0 5 0 NO Current CSA 1441 PAUL LAURENCE DUNBAR K-8 CENTER (ELEM COMP) 0 5 0 NO Current CSA Five Year Plan 6361 JOSE DE DIEGO MIDDLE -332 5 0 NO Current CSA 6361 JOSE DE DIEGO MIDDLE -54 5 0 NO Current CSA Five Year Plan 7791 801 BOOKER T WASHINGTON SENIOR ADJACENT CITRUS GROVE ELEMENTARY 30 6 SERVICE AREA SCHOOLS 352 13 6 13 YES YES Current CSA Adjacent CSA 6011 GEORGIA JONES-AYERS MIDDLE 245 5 5 YES Adjacent CSA *An Im.act reduction of 30.55% 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 TREE TABLE Tree Number e (ruches) (I eel) Height (het) Shierenio mBLACK Baema burems OLIVE EV 4tl BUUtla Inches BLACK OLIVE 20' 20' quertus virpinionp UNE OAK 30. nmenoykd PALM 7 unmentbied unment�led 2a xne5kro omnoyhylm u 10 ckb bucems BLACK OLIVE30' 14 nt2ied 15 nt5iee 16 ent5ee PALM 11 17 Prunus Buckle buret. BLACK OLIVE OK 19 nment4ke la' ZO wodyeuobifumom m 21 0/ochedo666202a63 FOXTAIL PALM Ils 30' 22 Unklentiped Wodye8a61furcom FOXTAIL PALM 6' 30. 24 wodyeeomfurtam FOXTAIL PAW s' m 25 wedyefio bifurcate FOXIAIL PAIN s' 12 Wadyeno bifurcate FORAM PAIN6' 20' 27 w4denteee LINIOENTINFO 10. 20' Imams 30'20 Bud. m, BLACK OLIVE Buckla leuceros SLACK OLIVE N/A 32 thus emus een Lynn ilniden4ierl Monaponl MAHOGANY EV 30' i.emo laucelas BLACK OLIVE NCI 50' 37 Monaponl NSuckle 2tl bucems BLACK OLIVE 64a 39 Buckle bucems BLACK OLIVE 18. 3tl 40 QuewsvlrpMmne LIVE OAK 42.as 41 tlent.ed 42 tlent4ietl PALM 20' Uniclen4(01 on)ied UNIDENTIFIED AV 45 huh nt.Ped CABBAGE PALM en74ieeo PALM NV 20. 48 dem2iee 49 unment5iee 50 ckla Inches SLACK OLIVE40' MOM1a9onl 52 s Monaponl keahi 3a Lemon BOTTLE BRUSH 2 20' 54 coiu:remoo BOTTLE ERUSH 20' 55 xnegkoa op hyua UNABRELIA TFEE unmenteea 57 menteed UNIDENTIFIED 30' 58 ment5 e 59 net15 60 xenneHkrn oophylm u �� 64 unaent5ee 6a Mobaeom MAHOGANY 30' Mohoponl MAHOGANY 3tl Momeonl 3D 69 xhegkea omnophelm U 30' 70 ms 71 b burems BLACK OLIVE 24. 73 Sobel CABBAGE PALM 74 unmm«oa PALM32 4 12 COPYRIGHT 2020 BY PULICE LAND SURVEYORS. INC, ALL RIGHTS RES,ERVED NO PART OVHIS SURVEY MAY BE sF+EPRODUCE,Di LEGAL DESCRIPTION' THAT LEASEHOLD ESTATE CREATED BY THAT LEASE BY AND BETWEEN LIABILITY COMPANY AS TENANT ASLEVIDE0110EDLBYATI,IRMEMUHANDUM OF LEASE RECORDED 2020 IN OFFICIAL RECORDS BOOK ___ PAGE TRACTS 2 AND 3 OF TOWN PARK SUBDIVISION NO 1 Li R PROJECT FLA Ft-10. ACCORDING TO THE PLAT THEREOF. RECORDED IN PLAT BOOK 85. NW 22ND STREET 'Sr SHEET 2 ro`nogeP1gyT NW 20, STREET VICINITY MAP NOT TO SCALE John F Pulice Digitally signed by John F Pulice Date: 2020.08.18 1 1 :45:45-04'00' NOTICE 7=I , PZ-20-7953 01/15/21 NOTES. z) AREA OF THISR EL D MIAMI Deaf COUNn BSoNEL a lobe ONEW, nE 1 0.5 asEM os�N jw. 4) THTOWNSHIP 53 SOUTH, RANGE 41 EAS1, 5J B MERIDIAN WTH THE CENTERLINE OF 0) reE ACCEPT RESPONSIBILITY FOR THIS INFORMATION BEFORE DCAVATION OR NIFICATZI. CONTACT THE APPROPRIATE UTILITY COMPANIES FOR FIELD 6) N wG SCES. 130 REGULAR SPACES INSURANCE COMPANY; COMMITMENT DATE. 0 AT 11.00 PM ITEMS ARE SCHEDULE B SECTION i��XCEPTIONS TO SAID USM eT )R[ 5 PG 31, APPLY TO THIS ELLS, EXCEPT FOR AIR COND ITIONING, POOLS, AND RESTRICTION AGAINST SEPTIC TANKS 0 B 29865, PG 2598, APPLY TO THIS SITE AS DEPICTED ITEM 7-140P-721NNAY EASEMENT IN FAVOR OF SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, IN OR B 12119, PG 1040. APPLIES TO THIS SITE AS DEPICTED HEREON D)A Ow 2B,HRSNGDLRABCLS ARE TRUST O u. E ZaNE. 13j IS sTE Is CURRENTLY zONED L Tg-PROPOSED ZONE PA, FIDELITY 15 O H' THIS DOCUMENT IS NEITHER FULL NOR SHEET 1 OF 3 COMPLETE WITHOUT SHEETS 1, z a a REVISIONS REVISIONS BY, ♦ RAINBOW VILLAGE CERTIFICATION. Mi AM I, PLQRi'A 33 s Qu8TV I HEREBY CERTIFY ,AT ,IS SKETCH OF SURVEY MEETS THESTANDARt T DEPARTMENT OFFs CDOAcs-) R, BY ,E FLORIDA , BOUNDARY AND TOPOGRAPHIC SURVEY sccnorvRDaiz 027.S OF EaaaiDAAAGRICULTURE rvRACTICE SET o �wA CONSUMER cMEODESEP SERVICES T To / PULICE LAND SURVEYORS, INC. e NOTVALIDWITHOUT THEASIGNATURE AND THE ORIGINAL RAISED qy 5381 NOB HILL ROAD SSEAL OR A DIGITAL URVEYOR AND MAPPER. SIGNATURE AND SEAL OF A FLORIDA LICENSED s I SUNRISE. FLORIDA 33951 S. (s54) 572-1777 FAX 054) 572-1778 E o VICTOR R. GILBERT, PROFESSIONAL SURVEYOR MAND FMAPPER3 LS6274 STATE OF FLORIDA FOR CERTIFICATE AU HORIZATION LEg3e70 SCALE. N/A T . HOUSING TRUST GROUP ORDER NO.. S723T 4. HECKED DV. J. SURVEY DATE 06/17/2 O2 1 3 NPRWEY T V DW R. P.B. 85. PG ®one.ame.w..= FAND AUYL "/ rc R-25.00' CA-89'59'5W A-39.27' COPYRIGHT 2020 BY PLILICE LAND SURVEYORS. INC. ALL RIGHTS RESERVED DO PART [VHS SURVEY MAY IDEsREPRODUCE,N. TRACT 22 ,e- A. /8 44 /ct MATCH LINE SHEET 3 NW_20TH STREET "yELL NT DDT, IL ' 17-11I—II111f«.TI '10WNypg�EC�9116L�DIVIpSION ,. U.R. P.B. BS�PG 31 1D• nil John F Pulice Digitally signed by John F Pulice Date: 2020.08.18 11:46:37 -04'00' 90 GRAPHIC SCALE NW 20TH TERRACE R 25.00' CA-90'04'08' A-39.30' Fees ggetAL SHEET 2 OF 3 NOTICE PZ-20-7953 01/15/21 LEGEND = CONCRETE ASPHALT PAVEMENT GIF ELEVATION — cow — OVERHEAD WIRED ,TH- UNDERGROUND STORM SEWER LINE UNDERGROUND SANITARY SEWER LINE — UNDERGROUND WATER LINE —c— UNDERGROUND GAS LINE Q. CENTERLINE 0 R B. OFFICIAL RECORDS BOON P PLAT BOOK PC PACE a/ LB LICENSED BUSINESS N/A BEE PERMANENT REFERENCE rvuuEry R= RADIUS CP. CENTRAL ANGLE A= ARC LENGTH ,P TRAVERSE POINT (FOB FIELD INFORMATION ONE,) E @ UMBRELLA TREE * BOTTLEBRUSH TREE O UNIDENTIFIED TREE e TREE NUMBER NUMBER(2, COMMITMENT [KEPI. P hi STATE PLANE moeowATEs LUIS DOCUMENT IS NEITHER FULL NSF RAINBOW VILLAGE couwlr BOUNDARY AND TOPOGRAPHIC SURVEY PULICE LAND SURVEYORS, INC. 77 5381 NOB HILL ROAD S SUNRISE. FLORIDA 33351 TELEPHONE: 0541 50s n N54) 572-177e 111' DRAWN E 2.530E T AUTHORIZATION legaa7o SCALE. T. - SD1' cA FILE. HOUSING TRUST GROUP t HECKED Br. J.F.P SURVEY DAM 08/11r20E0I ORDER HO.. 67237 RAINBOWsVILLAOE OUNDARY AND TOPOGRAPHIC SURVEY PLS PULICE LAND SURVEYOR$ INC. SUNRISE. FLORIDA 38851 Os, 572-1-ne LOT 3 oioq LEGEND ASPHALT PAVEMENT — cm.— OVERHEAD WIRES UNDERGROUND WATER LINE —c— UNDERGROUND GAS UNE CENTERLiNE 0 R B. OFFICIAL RECORDS BOOK PG PACE PRI, PERMANENT AVAILABLE REFERENCE MONUMENTCA= CENTRAL ANGLE N/A NOT TP TRAWRSE PONT (FOR FiELD iNFORMATiON N 9 E OUMBRELLA TREE E 0 TREE NUMBER NUMBER I STATE PLANE COORDINATES SHEET 3 OF 3 John F P U i e e Digitally signed byJohn F Pulice Date: 2020.08.18 11:48:13 -04'00' COPYRIGHT 2020 BY PULICE LAND SURVEYORS INC ALL RIGHTS FROM AN OFFICER OF'1,LICESLANID'SURVEYORS, INC 387'45'15•W 335.03' GRAPHIC SCALE W W0 D tEi PLEXVD ' A'Ir'a�1. NW 22ND STREET R3 N87 "44'54•E 290.49' 387 45'25•W ° 13991' �M1Ff"6oL • o "7Wti S0212 39•E 10.00' MN VP" u nRi�5u 2m2Hs Po�9.4'TSP�m Peek MATCH LINE SHEET 2 an. ANNs secq- Pa LOT RI LOT 2 ,1 Foi Erv2;1 T NOTICE PZ-20-7953 01/15/21 EXHIBIT 'A' r SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 �E MAIL: surveysepulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 r LEGAL DESCRIPTION: TRACTS 2 AND 3 OF TOWN PARK SUBDIVISION NO. 1, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 85, PAGE 31, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND TRACT 22 OF TOWN PARK SUBDIVISION N0. 6, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 91, PAGE 88, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. NOTES: 1) BEARINGS ARE BASED ON AN ASSUMED MERIDIAN WITH THE NORTH LINE OF TRACT 2 BEING N87°47'14"E. 2) THIS SURVEY SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4) ALL RECORDED DOCUMENTS ARE PER THE PUBLIC RECORDS OF MIAMI-DADE COUNTY. 5) THIS SITE IS CURRENTLY ZONED T4-L. PROPOSED ZONE T5-0. L J rFILE: HOUSING TRUST GROUP SCALE: N/A I DRAWN: L.S. ORDER NO.: 67520 DATE: 8/13/20 REZONING SKETCH MIAMI, MIAMI-DADE COUNTY, FLORIDA LFOR: RAINBOW VILLAGE P SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 John F Pulice Digitally signed by John F Pulice Date: 2020.08.20 11:39:35 -04'00' ❑ JOHN F. PULICE, PROFESSIONAL SURVEYOR AND MAPPER LS2691 ❑ BETH BURNS, PROFESSIONAL SURVEYOR AND MAPPER LS6136 ❑ VICTOR R. GILBERT, PROFESSIONAL SURVEYOR AND MAPPER LS6274 ❑ DONNA C. WEST, PROFESSIONAL SURVEYOR AND MAPPER LS4290 L STATE OF FLORIDA r L. r SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 �E MAIL: surveysepulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 Iw Z w > NW21ST z TERRACE NW 22ND STREET SOUTH RIGHT-OF-WAY LINE R=25.00' CA=89°57'16' A-39.25' NOZ 10'38"W 39.44' CS02°12'39"E S87°45'25"W CA=4848'1134 A=63.08' 10.00' 139.91' S8T45'25"W 335.03' NOTES: 1) THIS SURVEY SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY. LEGEND: R RADIUS CA CENTRAL ANGLE A ARC LENGTH H U 1- R=25.00' CA=89°59'50" A=39.27' N8T47'14"E 746.86' TRACT 1 "TOWNPARK" SUBDIVISION 1 U.R. PROJECT FLA. R-10" PLAT BOOK 85, PAGE 31 00 c\i 00 M co - N87°44'54" 290.49' / NORTH UNE/ NORTH UNE/ TRACT 3 TRACT 22 NORTH UNE TRACT 2 R=25.00' ]I CA=89°54'31" i A=3A 23 TRACT 2 "TOWNPARK" SUBDIVISION 1 U.R. PROJECT FLA. R-10" M PLAT BOOK 85, PAGE 31 C9 ti N N z MUj TRACT 22 ▪ "TOWNPARK SUBDIVISION 6 coo PLA PROJECT 91FLPAGE 88 cm z • ��J z - i-SRACOUTH LINE T SOUTH LINE TRACT 22 SOUTH UNE TRACT 2 S02° 19'02"E 709.72' TOTAL -NORTH RIGHT- OF-WAY UNE S8744'52"W 588.29' NW 20TH STREET 0 C / z STREET � I NW 20TH TERRACE R=25.00' CA=90°04'08" A=39.30' I rFILE: HOUSING TRUST GROUP SCALE: 1 "=150' I DRAWN: L.S. ORDER NO.: 67520 DATE: 8/13/20 REZONING SKETCH MIAMI, MIAMI-DADE COUNTY, FLORIDA LFOR: RAINBOW VILLAGE SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 Digitally signed by John F John F Pulice PuliCe Date: 2020.08.20 11:41:28 -04'00' ❑ JOHN F. PULICE, PROFESSIONAL SURVEYOR AND MAPPER LS2691 ❑ BETH BURNS, PROFESSIONAL SURVEYOR AND MAPPER LS6136 ❑ VICTOR R. GILBERT, PROFESSIONAL SURVEYOR AND MAPPER LS6274 ❑ DONNA C. WEST, PROFESSIONAL SURVEYOR AND MAPPER LS4290 L STATE OF FLORIDA ACKNOWLEDGEMENT BY APPLICANT 1. The Department of Resilience and Public Works, Transportation, Coordinated Review Committee and other City and County agencies review zoning public hearing requests and provide input, which may affect the scheduling and outcome of my hearing. These reviews may require additional hearings before other City and County boards, which may result in the modification of plans, studies and/or the proffering of agreements to be recorded. The submission and acceptance of a request for public hearing means that the application is ready to be scheduled for public hearing. I am also aware that I must comply promptly with any City or County conditions and notify the Hearing Boards (Hearing Boards) in writing if my public hearing application will be withdrawn. 2. Filing fees may not be the total cost of a hearing. Some requests require notices to be mailed to property owners up to a mile from the subject property and I am responsible for paying the additional radius mailing costs. In addition to mailing costs, I am responsible for additional fees related to application changes, plan revisions, deferrals, re -advertising, etc. that may be incurred. I understand that fees must be paid promptly. The only fees that will be refunded after the submission and acceptance of an application for public hearing has occurred will be the surcharge fees related to appeals, as expressly listed in Chapter 62 of the City Code (Code). 3. Requests for public hearing will be scheduled by the Hearing Boards in accordance with the scheduling timeline set forth in the Code and the Zoning Ordinance of the City of Miami (Miami 21), as applicable. I must submit any requests to reschedule, continue or defer my hearing date to the attention of the decision -making body for its consideration and vote at the public hearing on which my application is scheduled to be heard. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, 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. Ryan D. Bailine Applicant(s) Name Printed Applicant(s) Signature and Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me by means of X physical presence or online notarization this 25 day of February 20 21 , by Ryan D. Bailine, who is a(n) individual/partner/ agent/corporation of Greenberg Traurig, P.A. , 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. (Stamp) M.DARLENE GONZALEZ Notary Public - State of Florida ?'= Commission N I* 077442 My Comm. Expires Jan 5, 2025 Signature Rev. 04-16-2019 a? Received from: Address. For: This Receipt not VALID unless dated, filled in and signed by authorized em- ployee of department or division des- ignated hereon and until the City has collected the proceeds of any checks tendered as payment herein. 33 es Tax $ i SC: LeAl 171 FN/TM 402 Rev. 03/03 1 By: Department: Division* City of Miami OFFICIAL RECEIPT No. 504548 otal $ /L g. : Date• Liao 051,2i �jj'' d-fl V .& ez..,c - r 0� ICI rars iva Reference Ed 9184 Re' CA. (11 e (11-1 Distribution: White - Customer; Canary - Finance; Pink - Issuing Department Note: Annual Registration Expires on 12/31/2021 CITY OF MIAMI LOBBYIST REGISTRATION FORM RECE !V '{ p complete Instructions: Please complete all sections of this form and submit the com lete fo thl�iler.a cable fee(s), to the Office of the City Clerk. If you need more space to complete a sfiErlog,msmsetvete {s�h�eet(s) of paper. If you have nothing to report in a particular section, you must type or pPifi W(�og� �t7A" in that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEPTED. Important: It is the responsibility of the lobbyist to ensure that ALL active lobbyist registration forms, including active lobbyist registration forms submitted in previous years, remain up-to-date. (1) Lobbyist Name: Neufeld, Marissa, A. (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YES Business Phone: 305-579-0825 NO Email: neufeldm@gtlaw.com r4 (you must check YES or NO) Business Address (include Zip Code): Greenberg Traurig, P.A. 333 SE 2nd Ave, 4400, Miami FL 33131 (2) Principal Represented: Rainbow Development, LLC (Name of corporation, partnership, trust, etc., you are representing) Business Address (include Zip Code): 3225 Aviation Avenue, 6th Floor, Coconut Grove Florida 33133 (3) IF YOU PROVIDED INFORMATION IN SECTION 2 ABOVE, PLEASE REVIEW THIS SECTION CAREFULLY. If a lobbyist represents a corporation, partnership or trust, the lobbyist must disclose the name and business address of the chief officer, partner or beneficiary of the corporation, partnership or trust, and the names and addresses of all persons holding, directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust. Attach separate sheet if needed. If this section is not applicable you must type or print "None" or "N/A". See attached Exhibit "A" (4) Specific issue associated with lobbying. Describe with as much detail as is practical. Attach a separate sheet if needed. If you are using this form for your Annual Registration, please write "Annual Registration" and the year that you are registering for (ex: Annual Registration 2020). Entitlements in connection with Development of Property at 2000 NW 3rd Ave Page 1 of 2 Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: clerks@miamigov.com CM-LRF (Rev. 12/2020) (5) Lobbyists shall be required to state the existence of any direct or indirect business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, the City Manager or a member of the City staff before whom he/she lobbies or intends to Lobby. Attach separate sheet if needed. If this section is not applicable you must tie or print "None" or "N/A". N/A Lobbyists, as defined in City Code Section 2-653, shall pay an annual registration fee of $525.00, plus S105.00 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. rrl �n r0 I do solemnly swear that all of the foregoing facts are true and correct, and I have read or arMt(Amill• wthe provisions contained in Chapter 2, Article VI, Sections 2-651 through 2-658 of the Miami City Cod s atidtfd:i STATE OF Florida COUNTY OF Miami -Dade Signature of Lobbyist Sworn to (or affirmed) and subscribed before me by means of LJ physical presence or of F,,[ YL{ d fi� 2021 ( u th) Sig mature of Not ublic Personally Known ,b Marisa A. Neufeld rm tT online notarization, this ettr -day (Year) (Name of person making statement) OR Produced Identification. 7.1t• r 1A hf Gilz lei Name of Notary Typed, Printed or Stamped Type of Identification Produced: e"d''' M. DARLENE GONZALEZ I Notary Public - State or Florida i I Commission # HH 077442 I °"'' My Comm. Expires Jan 5, 2025 FOR OFFICE USE ONLY: Check # q4167 Receipt # 504 ; 5-4E- CM-LRF (Rev. 12/2020) Page 2 of 2 Exhibit "A" Rainbow Village Miami, Miami -Dade County, FL CURRENT 1 OWNER/APPLICANT: \ Manager Matthew Matthew A. Align RAINBOW REDEVELOPMENTLLC1 , . a Florida Ilmged liability company Manage J Randy E. liiager Sole Member HTG Affordable Holdings, LLC e Flodda limited liability company 90% Member. Matthew A. Mager Investment Trust I h%w R er Matthew A. A. Mem. Irrevocable MGM T[ypt MII m 111% ca. Gana Mager Irrevocable MGM Tryst 50%Aftanhnr Meredith erennitone Irrevocable MGM t 1st 15% Member Alexandra B Balogh Trust 15% Member. Andrew C. Balogh Trust Manager Matthew A. Rlelpr Trustee: Mane.w A. Wage Beneficiary R Blagar Trurtee wwA. RMget Beneficiary Ida11MwA. Mager T tee GanaaDD.. Rtogm Go -nekton Gana D. I:hnge Treuva IIbR. Drantgolr. Beneficiary ha. rimmed Dames rj idra e, Ba1cq Bua aoihn, tedea e, Wkp Trustee: nv C. a Bh1 1boer J ArwfI/ sC.Balogn, a nr' r" r2 rri r rn Certificate of Completion This is to certify that Marissa Neufeld has satisfactorily fii filled the requirements for lobbyist training under section 2-11.1 (s), Miami -Dade County Code, by participating in Miami -Dade Ethics Training Certificate conducted by the Miami -Dade Commission on Ethics and Public Trust on This Certificate is valid through December 11, 2020 to December 11, 2022 Jose Arrojo, Executive Director Miami -Dade Commission on Ethics and Public Trust Received from' Addres : For: , SI° es Tax $ FIV This Receipt not VALID unless dated, filled in and signed by authorized em- ployee of department or division des- ignated hereon and until the City has collected the proceeds of any checks tendered as paymentdherein. FN/TM 402 Rev. 03/03 City of Miami OFFICIAL RECEIPT Totpi,$ V By: Department: Division Reference No: No, 504549 Date. 111 PCI ti - /100 Dollars (2,&_itvic Distribution: White - Customer; Canary - Finance; Pink - Issuing Department Note: Annual Registration Expires on 12/31/2021 CITY OF MIAMI LOBBYIST REGISTRATION FORM RECE/ VE 1d2j F�r� Instructions: Please complete all sections of this form and submit the completed foriii,ii tlf1'cable fee(s), to the Office of the City Clerk. If you need more space to complete a sec 6 + �esfe separaattc s1#i&t(s) of paper. If you have nothing to report in a particular section, you must type or pridt }` o! bX etK, in that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEPTEK 11 "n Important: It is the responsibility of the lobbyist to ensure that ALL active lobbyist registration forms, including active lobbyist registration forms submitted in previous years, remain up-to-date. (1) Lobbyist Name: Bailine, Ryan D. (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YES NO Business Phone: 305-579-0508 Email: bailiner@gtlaw.com 1 (vou must check YES or NO) Business Address (include Zip Code): Greenberg Traurig, P.A. 333 SE 2nd Ave, # 4400, Miami FL 33131 (2) Principal Represented: Rainbow Development, LLC (Name of corporation, partnership, trust, etc., you are representing) (3) Business Address (include Zip Code): 3225 Aviation Avenue, 6th Floor, Coconut Grove Florida 33133 IF YOU PROVIDED INFORMATION IN SECTION 2 ABOVE, PLEASE REVIEW THIS SECTION CAREFULLY. If a lobbyist represents a corporation, partnership or trust, the lobbyist must disclose the name and business address of the chief officer, partner or beneficiary of the corporation, partnership or trust, and the names and addresses of all persons holding, directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust. Attach separate sheet if needed. If this section is not applicable you must type or print "None" or "N/A". See attached Exhibit "A" (4) Specific issue associated with lobbying. Describe with as much detail as is practical. Attach a separate sheet if needed. If you are using this form for your Annual Registration, please write "Annual Registration" and the year that you are registering for (ex: Annual Registration 2020). Entitlements in connection with Development of Property at 2000 NW 3rd Ave. Page 1 of 2 Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: clerks@miamigov.com CM-LRF (Rev. 12/2020) (5) Lobbyists shall be required to state the existence of any direct or indirect business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, the City Manager or a member of the City staff before whom be/she lobbies or intends to lobby. Attach separate sheet if needed. If this section is not annhcahle you must type or print "None" or "N/A". N/A Lobbyists, as defined in City Code Section 2-653, shall pay an annual registration fee of $525.00, plus $105.00 for each principal represented for each issue lobbied on behalf of any one principal. Each issue associated with lobbying shall be described with as much detail as is practical. The City Clerk, or the City Clerk's designee, shall reject any registration statement that does not provide a clear description of the specific issue on which such lobbyist has been retained to lobby or if any section of this form is left blank. Regardless of the date of the annual registration, all lobbyists' annual registrations shall expire December 31 of each calendar year and shall be renewed on a calendar year basis. Each lobbyist shall, within sixty (60) days after registering as a lobbyist, submit to the Office of the City Clerk a certificate of completion of an ethics course offered by the Miami -Dade County Commission on Ethics & Public Trust ("Ethics Commission"). Lobbyists who have completed the initial ethics course mandated by the preceding sentence and have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. Each lobbyist who has completed a refresher ethics course shall submit a certificate of completion within sixty (60) days after registering as a lobbyist. o I do solemnly swear that all of the foregoing facts are true and correct, and I hav-. d._or alu'fmil+ w t the provisions contained in Chapter 2, Article VI, Sections 2-651 through 2-658 of the i iami City cii4t4.Aar ide ri r3 -p •C C� �= N Sig_ at re o obbyi r`-, STATE OF Florida COUNTY OF Miami -Dade Sworn to (or affirmed) and subscribed before me by means of of physical presence or 20 by Ryan D. Bailine (Month) (Year) Personally Known: re o Notary Public OR Produced Identification: Type of Identification Produced: 2R• ' V L C online notarization, this V day (Name of person making statement) (di %/tom` PNI d 'me_ Name of Notary Typed, Printed or Stamped INOTARVSFAt I Commission # W 002127 +'= Expires June 7, 2024 Boudoir TFau Trey Fain Insurance 000 7111 FOR OFFICE USE ONLY: Check It/ / 41 Receipt St 5-0 45 4 7 CM-LRF (Rev. 12/2020) Page 2 of 2 Exhibit "A" Rainbow Village Miami, Miami -Dade County, FL CURRENT r- OWNER/APPLICANT: RAINBOW REDEVELOPMENT, LLC. a Florida limited lability company Sole Member HTG Affordable Holdings, LLC a Florida limited liability company 40% Member. Matthew A. Rieger Investment Trust 10% Marcher Matthew A. Rieger Irrevocable MGM Trust Manager atthew A. Rigger Manager: Rand E. R ,er Manager Matthew A. Rieger Trustee: Matthew A. Rieger Beneficiay Matthew A. Rigger Trustee: Matthew A. Rieger ,( 10% Member. Gina Rieger Imavocab4e MGM Trust Benetldary: Matthew A. Rieger Trustee_ Gina D. Rieger Beneficiary: J Gina D. Mega 10% Member. Meredith Branclforte Irrevocable MGM Trust 15% Member Alexandra S. Balogh Trust 15% Member. Andrew C. Balogh Trust Trustee: Marrahh R. aranaiforta Benefrcary- aredith R. aramednria Trustee: e xandra B.Batogly Reneffaary: e xandra B. Befog Truslee: Andrew C. Balogh Beneficiary: Andrew C. Balogh Certificate of Completion This is to certify that Ryan Bailine has satisfactorily fulfilled the requirements for lobbyist training under section 2-11.1 (s), Miami -Dade County Code, by participating in Miami -Dade Ethics Training Certificate conducted by the Miami -Dade Commission on Ethics and Public Trust on This Certificate is valid through December 11, 2020 to December 11, 2022 Jose Arrojo, Executive Director Miami -Dade Commission on Ethics and Public Trust AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ryan D. Bailine who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, 0 including or 0 not including responses to day-to-day City staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. 5. That a refund, if any, by the City is to be issued to the following person at the address indicated: Greenberg Traurig, P.A. 333 SE 2nd Avenue, 4400 Miami, FL 33131 Further Affiant sayeth not. Ryan D. Bailine, Esq. Applicant(s) Name Printed Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me by means of X physical presence or online notarization this 25th day of February , 2021, by Ryan D. Bailine who is a(n) individual/partner/agent/corporation of Greenberg Traurig, P.A. a(n) individual/partnership/corporation. He/She is ®personally known to me or ❑who has produced as identification and who did X did not take an oath. (Stamp) M. DARLENE GOP4ZALEI Notary Public - State of fbridi Commission 1► NH 017442 My Coffin,. Expires Jan 5, 2025 `69 Signature Rcv. 10-1 S CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2- 653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. Name: First Name: Middle Name: Last Name: Home Address: Home Address Line 1: Home Address Line 2: City: State: Florida Zip: Contact Information: Home Phone Number: Cell Phone Number: Fax Number: Email: BUSSINESS or APPLICANT or ENTITY NAME Miami -Dade County, a political subdivision of the State of Florida Address Line 1: c/o Miami -Dade Public Housing and Community Development Address Line 2: 701 NW 1 CT, 16th Floor, Miami FL 33136 Doc. No.:86543 Page 1 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Rezoning Application Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 1. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. • Name of Person/Entity: • Phone Number of Person/Entity: • Address of Person/Entity: 2. Please describe the nature of the consideration 3. Describe what is being requested in exchange for the consideration. Doc. No.:86543 Page 2 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION ACKNOWLEDGEMENT OF COMPLIANCE hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Print Name M� c-L e-1 Signature Sworn to and subscribed before me this / day of , 2074 . The foregoing instrument was acknowledged before me by Michael Liu who has produced did/did not take an oath. STATE OF FLORIDA CITY OF MIAMIMY COMMISSION EXPIRES: Notary Public State of Florida Mary Pacheco tgc *Commission GG 965721 �i� Fe Expires 04/06/2024 as identification and/or is personally known to me and who Doc. No.:86543 Page 3 of 3 DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires all parties making any presentation, formal request or petition to the City Commission or any City board with respect to any real property to make full disclosure, in writing, of all parties having a financial interest, either direct or indirect, in the subject matter of said presentation, formal request or petition. Such disclosure shall include, but not be limited to, disclosure of all natural persons having an ownership interest, direct or indirect, in the subject real property. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(s) Miami -Dade County a political subdivision of the State of Florida Percentage of Ownership t000k Subject Property Address(es) 2000 NW 3rd Ave, Miami FL 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): 220 NW 20 ST; 224 NW 21 ST; 246 NW 20 ST; 2173 NW 5 PL; 2185 NW 5 PL Legal Description(s): MCckc e( Liv Please refer to Exhibit "A" attached herein Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this / 1� day of iiA. 20 1 , by i-- i i c iael L;N who is a(n) individual/partn gent/gorp ration of a(n) individual/partnership/corporation. He/ he is personally known to me or ❑ who has produced as i entification and who ❑ did ❑ did not take an oath. 1,4 44,,,) Citt44.) Signature Rev. 10-18 i Notary Public State of Florida Mary Pacheco My Commission GG 965721 N),,, Expires 04/06/2024 Exhibit "A" TRACTS 2 AND 3 OF TOWN PARK SUBDIVISION NO. 1, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 85, PAGE 31, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND TRACT 22 OF TOWN PARK SUBDIVISION NO. 6, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 91, PAGE 88, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. DISCLOSURE OF GROUND LESSOR The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. The property described in Exhibit "A" attached hereto is under Lease. NAME OF LESSEE: Rainbow Redevelopment, LLC a Florida limited liability company Address: Ryan D. Bailine C/O Ryan D. Bailine, Esq. Greenberg Traurig, P.A. 333 SE 2nd Avenue, #4400 Miami, FL 33131 Lessee or Attorney Name Lessee or Attorney's Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me by means of X physical presence or online notarization this 25th day of February 2021, by Ryan D. Bailine as attorney for Rainbow Redevelopment, LLC a Florida limited liability company, the Lessee. He is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) M. DARLENE GONZALEZ Notary Public - State of Florida Comrnission N HMI 077442 My Comm, Expires Jan 5, 1015 Signature ACTIVE 54991877v1 Exhibit "A" TRACTS 2 AND 3 OF TOWN PARK SUBDIVISION NO. 1, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 85, PAGE 31, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND TRACT 22 OF TOWN PARK SUBDIVISION NO. 6, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 91, PAGE 88, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ACTIVE 54991877v1 State of Florida Department of State I certify from the records of this office that RAINBOW REDEVELOPMENT, LLC is a limited liability company organized under the laws of the State of Florida, filed on February 4, 2020, effective February 3, 2020. The document number of this limited liability company is L20000033399. I further certify that said limited liability company has paid all fees due this office through December 31, 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 Twenty-sixth day of February, 2021 *14W Secretary of State Tracking Number: 7928796086CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateofStatus/CertificateAuthentication MIAMI-DADE COUNTY Public Housing and Community Development 701 NW 1st Court, 16th Floor Miami, FL 33136-3914 T 786-469-4100 • F 786-469-4199 miamidade.gov VIA E-MAIL August 4, 2020 Mr. Francisco Garcia City of Miami Director of Planning and Zoning 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33131 fgarcia@miamigov.com Re: Rezoning Application PZ-20-7953 / 2000 NW 3rd Avenue (the "Property") Dear Mr. Garcia: Housing Trust Group, LLC ("HTG") is the ground lessee of the above -referenced Property, which is owned by Miami -Dade County (the "County") Public Housing and Community Development. In furtherance of HTG's efforts to redevelop the Property, HTG has applied to the City of Miami for a rezoning of the Property from T4-L to T5-O under the City of Miami Process No. PZ-20-7953 (the "Rezoning Application"). A copy of HTG's letter of intent in support of the Rezoning Application is enclosed. This letter shall serve as written confirmation by the County that HTG and Greenberg Traurig are authorized to process any and all applications in connection with the redevelopment of the Property, including but not limited to the Rezoning Application and any future site plan application. If you have any questions, please do not hesitate to contact me. Sincerely, Michael Liu Director CERTIFICATE OF COMPANY RESOLUTIONS OF RAINBOW REDEVELOPMENT, LLC The undersigned, being the manager of Rainbow Redevelopment, LLC, a Florida limited liability company (the "Company"), hereby certifies as follows: The Company is a duly formed, validly existing limited liability company in good standing under the laws of the State of Florida; Matthew A. Rieger, an individual, is the manager of the Company; and On January 20, 2021, the following actions were unanimously adopted by the Company and the same have not been revoked, canceled, annulled or amended in any manner and are in full force and effect on the date hereof: WHEREAS, the Company is the Lessee of that certain real property located in Miami -Dade County, Florida and more particularly described in attached Exhibit "A" (the "Property"); and WHEREAS, the Company wishes to join in that certain City of Miami (the "City") Rezoning Application (the "Application"); and NOW THEREFORE, BE IT RESOLVED, that it is in the best interest of the Company to join in the Application. FURTHER RESOLVED, that the Company authorizes the execution and delivery to the City of Miami of any and all documents required in connection with the Application (the "Application Documents"). FURTHER RESOLVED, that Matthew A. Rieger, as the manager of the Company, acting alone, with full power of substitution, is authorized to execute and deliver the Application Documents. FURTHER RESOLVED, that the Company ratifies and confirms the acts of the Manager executing and delivering the Application Documents, regardless of whether such acts were performed before or after the date this Resolution was adopted. FURTHER RESOLVED, that these Resolutions will continue in full force and may be relied upon by City and Greenberg Traurig, P.A. until receipt of written notice of any change. FURTHER RESOLVED, that a facsimile, PDF or other electronic copy of this certificate shall be deemed an original, and the City, or any other entity or person may rely upon a facsimile, PDF or other electronic copy of this certificate in determining the validity of the actions taken hereunder. ACTIVE 54806688v1 The undersigned has executed this Certificate on Febru Name:'Randy Rieger\ Title: Manager STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE) The foregoing instrument was h acknowledged before me by means ofphysical presence or ❑ online notarization this I a day of , 2021, by Randy Pager , the tna1'1O gC( of Rainbow Redevelopment, LLC, a lori limited liability company. • YPV, NATAL! DOMINGUEZ S. Notary Public -State of Florida •: Commission # GG 305565 o►n�A,` My Commission Expires qui%%%% February 25, 2023 blic, State of Florida at Large • rm.)o .e Print Notary Public's N. e Personally Known Produced Identification Type of Identification Produced: Did Take an Oath My Commission Expires: 21 2S/2023 ACTIVE 54806688v1 EXIIIBIT "A" Legal Description TRACTS 2 AND 3 OF TOWN PARK SUBDIVISION NO. 1, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 85, PAGE 31, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA AND TRACT 22 OF TOWN PARK SUBDIVISION NO. 6, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 91, PAGE 88, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA. 3 ACTIVE 54806688v1 ci- rdr miami I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com diana@rdrmiami.com 305.498.1614 February 1, 2021 City of Miami Hearing Boards Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: List of property owners within 500 feet of: 2000 NW 3 Avenue, Miami, FL 33127 Folio Number: 01-3125-063-0020 Total number of labels: 96 I certify that the attached ownership list and map are a complete and accurate representation of the real estate property and property owners within a 500-foot radius of the subject property listed above. This information reflects the most current records on file in the Miami -Dade County Tax Assessor's Office. I also understand that a new list will be requested by the City of Miami Hearing Boards if it is determined the property owner information list initially submitted is older than six (6) months. Sincerely, Signature Diana B. Rio I RDR Miami I Rio Development Resources Name or Company Name 305.498.1614 Telephone diana@rdrmiami.com E-mail rdr miami I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailoufs + notice of public hearing site posting rdrmiami.com diana@rdrmiami.com 1305.498.1614 500' RADIUS MAP ki z --I NW 19TH L 2000 NW 3 Avenue, Miami, FL 33127 Folio Number: 01-3125-063-0020 OWNER'S NAME(S) 1948 BLDG LLC 2000 NW 5TH PLACE REALTY LLC MANA WYNWOOD 220 NW 21 LLC 243 WYNWOOD LLC 243 WYNWOOD LLC 243 WYNWOOD LLC 524 NW 22ND STREET REALTY LLC C/O M MANAGEMENT INC AG REAL ESTATE 8 LLC ANEDLA LLC ANNIE E BRUNSON BEAUTY BREEDLOVE EST OF BERTHA MAE SAXON JTRS DEBRA S MILLER JTRS JERDY E MILLER JR JTRS BRAIT CO % SHLOMO BRAIT BRYAN C RILEY CITY OF MIAMI-DEPT OF P&D ASSET MANAGEMENT DIVISION EDDIE J STRACHAN EVELYN WILLIAMS GAITOR HAZEL MACK JACK SHLOMO BRAIT JAMES CAFFEY &W THELMA A JFG FINANCIAL SERVICES LLC JOHN A GLASS EST OF MANNIGAN HOLDINGS LLC MARCELLA REALTY LLC C/O FRAN MULNICK PARKER ESQ MARION M SYDNOR MEGAN HOLDINGS LLC MEGAN HOLDINGS LLC MEGAN HOLDINGS LLC MELANIE HOLDINGS LLC C/O MANAGEMENT INC MELANIE HOLDINGS LLC C/O MANAGEMENT INC MELANIE HOLDINGS LLC C/O M MANAGEMENT INC MELANIE HOLDINGS LLC C/O MANAGEMENT INC MELINDA HOLDINGS LLC C/O FRAN MULNICK PARKER ESQ MIAMI DADE COUNTY GSA-R/E MGMT MIAMI DEV 2122 TRUSTEE INC TRS LAND TRUST MIAMI 2122 MIAMI DEV 2122 TRUSTEE INC TRS LAND TRUST MIAMI 2122 MIAMI DEVELOPMENT 2122 TRUSTEE INC MIAMI DEVELOPMENT 2122 TRS INC LAND TR MIAMI 2122 MIAMI DEVELOPMENT 2122 TRS INC LAND TRUST MIAMI 2122 MIAMI DEVELOPMENT 2122 TRS INC LAND TR MIAMI 2122 MIAMI-DADE COUNTY MIAMI DADE HOUSING AGENCY MIAMI-DADE COUNTY MIAMI-DADE HOUSING AGENCY MIAMI-DADE COUNTY MIAMI-DADE HOUSING AGENCY MIAMI-DADE COUNTY GSA R/E MGMT MIAMI-DADE COUNTY GSA R/E MGMT MIAMI-DADE COUNTY GSA R/E MGMT MILANA HOLDINGS LLC MILANA HOLDINGS LLC MILANA HOLDINGS LLC MILANA HOLDINGS LLC MILANA HOLDINGS LLC MILANA HOLDINGS LLC MILANA HOLDINGS LLC MILANA HOLDINGS LLC C/O M MANAGEMENT INC MILANA HOLDINGS LLC C/O M MANAGEMENT INC MILANA HOLDINGS LLC C/O M MANAGEMENT MILANA HOLDINGS LLC C/O M MANAGEMENT MILANA HOLDINGS LLC MILANA HOLDINGS LLC C/O M MANAGEMENT INC MILANA HOLDINGS LLC MILANA HOLDINGS LLC NAOMI RICHARDSON NEW ARENA SQUARE NO & SO LTD NEW ARENA SQUARE NO & SO LTD NEW ARENA SQUARE NO & SO LTD NEW ARENA SQUARE NO & SO LTD NEW ARENA SQUARE NO & SO LTD NEW ARENA SQUARE NO & SO LTD NEW ARENA SQUARE NORTH AND SOUTH LTD NEW ARENA SQUARE NORTH AND SOUTH LTD NS1385 LLC RIVA R PERRYMAN ROSIE STUDIO LLC ROSIE STUDIO LLC ROSIE STUDIO LLC SCALI LLC SCHOOL BOARD OF MIAMI-DADE COUNTY SCHOOL BOARD OF MIAMI-DADE COUNTY SCHOOL BOARD OF MIAMI-DADE COUNTY THE VILLAS OF ST. AGNES CONDOMINIUM ASSOCIATION, INC. C/O JABEL ROJAS, PRES. TOWN PARK PLAZA NORTH CONDOMINIUM ASSOCIATION, INC. C/O RENARDA CUNNINGHAM, F TOWNE VILLAS 20TH TERRACE & 3RD AVE LLC TOWNE VILLAS 20TH TERRACE & 3RD AVE LLC TRUST ADVISORS CORP TRS 2000 NW 5 AVE LAND TRUST UMC 1950 NW 2ND LLC WYNTOWN APARTMENTS LLC WYNTOWN APARTMENTS LLC WYNWOOD HOLDINGS LLC C/O FRAN MULNICK PARKER ESQ WYNWOOD HOLDINGS LLC C/O FRAN MULNICK PARKER ESQ WYNWOOD HOLDINGS LLC C/O FRAN MULNICK PARKER ESQ WYNWOOD HOLDINGS LLC C/O FRAN MULNICK PARKER ESQ WYNWOOD HOLDINGS LLC C/O FRAN MULNICK PARKER ESQ WYNWOOD HOLDINGS LLC C/O FRAN MULNICK PARKER ESQ WYNWOOD HOLDINGS LLC C/O FRAN MULNICK PARKER ESQ WYNWOOD HOLDINGS LLC C/O FRAN MULNICK PARKER ESQ ZBG INC MAILING STREET ADDRESS STATE ZIP CODE PO BOX 403783 MIAMI BEACH FL 33140 318 NW 23 ST MIAMI FL 33127 6303 BLUE LAGOON DR STE 400 MIAMI FL 33126 45 MAIN ST STE #502 BROOKLYN NY 11201 45 MAIN ST STE #502 BROOKLYN NY 11201 45 MAIN ST STE #502 BROOKLYN NY 11201 215 COLES ST JERSEY CITY NJ 07310-1301 1941 NE 185 TER NORTH MIAMI BEACH FL 33179 7705 KILLBARRON DRIVE LAUREL MD 20707 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240 S QUADRILLE BLVD WEST PALM BEACH FL 33401 240 S QUADRILLE BLVD WEST PALM BEACH FL 33401 240 S QUADRILLE BLVD WEST PALM BEACH FL 33401 240 S QUADRILLE BLVD WEST PALM BEACH FL 33401 701 NW 1 CT 16TH FLOOR MIAMI FL 33136 701 NW 1 CT 16TH FLOOR MIAMI FL 33136 701 NW 1 CT 16TH FLOOR MIAMI FL 33136 111 NW 1 ST STE 2460 MIAMI FL 33128-1929 111 NW 1 ST STE 2460 MIAMI FL 33128 111 NW 1 ST STE 2460 MIAMI FL 33128 215 COLES ST JERSEY CITY FL 7310 215 COLES ST JERSEY CITY FL 7310 215 COLES ST JERSEY CITY FL 7310 215 COLES ST JERSEY CITY FL 7310 215 COLES ST JERSEY CITY FL 7310 215 COLES ST JERSEY CITY NJ 07310 215 COLES ST JERSEY CITY NJ 07310 215 COLES ST JERSEY CITY NJ 07310 215 COLES ST JERSEY CITY NJ 07310 215 COLES ST JERSEY CITY NJ 07310 215 COLES ST JERSEY CITY NJ 07310 215 COLES ST JERSEY CITY NJ 07310 215 COLES ST JERSEY CITY NJ 07310 215 JERSEY AVE JERSEY CITY NJ 07302 215 JERSEY ST JERSEY CITY NJ 07310 1975 NW 3 AVE MIAMI FL 33136 1023 NW 3 AVE MIAMI FL 33136-3307 1023 NW 3 AVE 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El OFT N10FT & EXT AREA OF CURVE IN NE COR FOR R/W 8 WEAVERS SUB PB 6-31 LOT 3 LESS N10FT FOR R/W BLK 4 & N1/2 OF ALLEY LYG S & ADJ CLOSE NORTH WEST 7TH AVE ADD PB 7-36 LOT 8 BLK A & W1/2 OF ALLEY LYG E & N1/2 OF ALLEY LYG HOME ADD TO MIAMI RESUB OF BLK 17 OF ERICKSONS SUB PB B-124 LOT 17 LESS WSFT LOT NORTH WEST 7TH AVE ADD PB 7-36 LOTS 1 & 2 BLK 13 & W1/2 OF ALLEY LYG E & ADJ CLOSED HOME ADD TO MIAMI RESUB OF BLK 17 OF ERICKSONS SUB PB B-124 LOT 12 LES WSFT LOT SI, RESUB OF LOT 1 BLK 17 ERICKSONS SUB PB B-93 LOT 11 LOT SIZE 50.000 X 150 OR 11497-1573 RESUB OF LOT 1 BLK 17 ERICKSONS SUB PB B-93 LOT 10 AKA PARC 7-7 LOT SIZE 50.00 X 150.01 NORTH WEST 7TH AVE ADD PB 7-36 LOT B BLK A LOT SIZE 4800 SQUARE FEET OR 18870-3348 ' RESUB OF LOT 1 BLK 17 ERICKSONS SUB PB B-93 LOT 18 LOT SIZE 50.00 X 150.00 OR 19391-40E 1.52 AC TOWNPARK SUBDIVISION 1 PB 85-31 / U. R. PROJECT FLA R-10 / TRACT 1 LOT SIZE 660I SECURITY ADD PB 3-21 LOTS 1 & 2 BLK 3 LOT SIZE 130.000 X 100 OR 17606-0075 0397 4 HOME ADD TO MIAMI RESUB OF BLK 17 OF ERICKSONS SUB PB B-124 LOT 5 LESS WSFT LOT SI HOME ADD TO MIAMI RESUB OF BLK 17 OF ERICKSONS SUB PB B-124 LOT 9 LESS WSFT LOT SI 25 53 41 NORTH WEST 7 AVE ADD PB 7-36 LOT 13 BLK A & N1/2 OF ALLEY LYG S & ADJ CLOSED RESUB OF LOT 1 BLK 17 ERICKSONS SUB PB B-93 LOT 14 LOT SIZE 50.000 X 150 RESUB OF LOT 1 BLK 17 ERICKSONS SUB PB B-93 LOT 15 LOT SIZE 50.000 X 150 OR 11481-1967 HOME ADD TO MIAMI RESUB OF BLK 17 OF ERICKSONS SUB PB B-124 LOT 16 LOT SIZE 50.000 > WYNWOOD INDUSTRIAL COMPLEX WEAVERS 1ST ADD U/R/P TH N 89 DEG E 463.31 FT SELY AD NORTH WEST 7TH AVE ADD PB 7-36 LOT 4 THRU 7 BLK A & E1/2 OF ALLEY LYG W & ADJ CLOSE HOME ADD TO MIAMI RESUB OF BLK 17 OF ERICKSONS SUB PB B-124 LOT 13 LESS WSFT LOT 25 53 41 .85 AC WEAVERS 1ST ADD U/R PLAT LOTS 2 THRU 8 A/K/A W435.89FT OF E523.16FT OF WEAVERS SUB PB 6-31 LOT 2 BLK 1 LOT SIZE 5293 SQUARE FEET OR 18802-0702 0999 1 COC 2: WYNWOOD INDUSTRIAL COMPLEX 40.00FT N 89 DEG E 463.31 FT SELY AD 39.31 FT S 00 DEG E E 25 53 41 NORTH WEST 7TH AVE ADD PB 7-36 LOT 26 BLK 4 LOT SIZE 4500 SQUARE FEET OR 17( 25 53 41 NORTH WEST 7TH AVE ADD PB 7-36 LOT 28 LESS ELY7.5FT & LESS SLY33FT BLK 4 LO1 MIAMI FASHION CENTER SEC 1 PB 121-57 LOT 1 BLK 2 LOT SIZE 3823 SQ FT OR 19452-3671 010' NORTH WEST 7TH AVE ADD PB 7-36 LOT 27 BLK 4 LOT SIZE 4500 SQUARE FEET OR 17004-3819 WYNWOOD INDUSTRIAL COMPLEX PB 149-85 T-19533 TR F & E1/2 OF ALLEY LYG W & ADJ CLO. NORTH WEST 7TH AVE ADD PB 7-36 LOTS A & 10 & 11 BLK A & N1/2 OF ALLEY LYG S & ADJ CLO 25 53 41 SECURITY ADD PB 3-21 LOTS 6 THUR 9 INC & W20FT OF LOT 5 LESS S10FT FOR R/W & 25 53 41 SECURITY ADD PB 3-21 LOTS 4 & E30FT OF LOT 5 BLK 4 LOT SIZE 80.000 X 130 OR 185C SECURITY ADD PB 3-21 LOT 2 & LOT 3 BLK 4 LOT SIZE 100.000 X 130 OR 12094-1164 0384 6 COC 25 53 41 S & S SHOE CORP OR 10404-193 0579 2 SECURITY ADD PB 3-21 LOTS 1 THRU 5 LESS E 25 53 41 PB 3-25 J A DANNS 2ND ADD TO MIAMI LOTS 5 & 6 BLK H LOT SIZE 14000 SQUARE FEET J A DANNS 2ND ADD TO MIAMI S & S SHOE CORP OR 10404-193 0579 2 PB 3-25 LOTS 1 & 2 LESS 25 53 41 TOWNPARK SUBDIVISION 1 PB 85-31 / U. R. 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AVE ADD PB 7-36 LOTS 4 & 5 BLK 13 & W1/2 OF ALLEY LYG E & S1/2 OF ALLE' NORTH WEST 7TH AVE ADD PB 7-36 LOT 8 BLK 6 LOT SIZE 30.000 X 75 OR 19730-3308 06 2001 5 NORTH WEST 7TH AVE ADD PB 7-36 LOT 9 BLK 6 LOT SIZE 30.000 X 75 OR 21138-0600 03 2003 4 NORTH WEST 7TH AVE ADD PB 7-36 S33FT OF LOTS 28 & 29 BLK 4 LOT SIZE 2475 SQUARE FEE NORTH WEST 7TH AVE ADD PB 7-36 LOT 29 LESS S33FT & E7.5FT OF LOT 28 LESS S33FT BLK 4 NORTH WEST 7TH AVE ADD PB 7-36 LOT 30 BLK 4 LOT SIZE 6000 SQUARE FEET OR 20111-0718 NORTH WEST 7TH AVE ADD PB 7-36 LOT 9 BLK A N1/2 OF ALLEY LYG S & ADJ CLOSED PER OR[ WYNWOOD INDUSTRIAL COMPLEX PB 149-85 T-19533 TR E LOT SIZE .291 AC F/A/U 01-3125-035- NORTH WEST 7TH AVE ADD PB 7-36 LOT 31 BLK 4 LOT SIZE 6000 SQUARE FEET COC 26529-148 HOME ADD TO MIAMI RESUB OF BLK 17 OF ERICKSONS SUB PB B-124 LOTS 1 & 4 LESS WSFT & J A DANNS 2ND ADD TO MIAMI PB 3-25 LOTS 3 & 4 BLK H LOT SIZE 14000 SQUARE FEET OR 183: J & D DANNS 2ND ADDN TO MIAMI PB 3-25 LOT 7 LESS NSFT FOR R/W & LOT 8 LESS WSFT & LE SECURITY ADD PB 3-21 LOT 6 & 7 BLK 2 LOT SIZE 14500 SQ FT OR 18329-3001 0698 4 (12) SECURITY ADD PB 3-21 LOT 8 & 9 BLK 2 LOT SIZE 14065 SQ FT OR 18329-3001 0698 4 (12) SECURITY ADD PB 3-21 LOTS 5-6 & 7 BLK 3 LOT SIZE 19500 SQ FT OR 18329-3001 0698 4 (12) SECURITY ADD PB 3-21 LOTS 14 TO 16 INC BLK 3 LOT SIZE 19500 SQ FT OR 18329-3001 0698 4 J A DANNS 2ND ADD PB 3-25 LOTS 1 THRU 4 LESS SSFT BLK B & ALLEY LYG N & ADJ CLOSED PI 25 53 41 J A DANNS 2ND ADD PB 3-25 LOTS 4 & 5 BLK A & S1/2 OF ALLEY LYG N & PORT OF N AL HOME ADD TO MIAMI RESUB OF BLK 17 OF ERICKSONS SUB PB B-124 LOT 8 LESS WSFT LOT SI RESUB OF LOT 1 BLK 17 ERICKSONS SUB PB B-93 LOT 5 LESS W10FT FOR R/W LOT SIZE 50.00 25 53 41 SECURITY ADD PB 3-21 S40FT LOTS 17 & 18 BLK 3 LOT SIZE 40.000 X 100 OR 20815-162 SECURITY ADD PB 3-21 S35FT OF N90FT LOTS 17 & 18 BLK 3 LOT SIZE 35.000 X 100 OR 20815-1E SECURITY ADD PB 3-21 N55FT LOTS 17 & 18 BLK 3 LOT SIZE 55.000 X 100 OR 20815-1622 1002 2 RESUB OF LOT 1 BLK 17 ERICKSONS SUB PB B-93 LOT 7 LOT SIZE 50.000 X 150 OR 20771-2101 ' 25 53 41 1.85 AC PB 82-35 CENTRAL MIAMI G N RA PROJECT NO 1 FLA R-10 PLAT NO 1 TRACT 4 25 53 41 2.11 AC PB 82-35 CENTRAL MIAMI G N RA PROJECT NO 1 FLA R-10 PLAT NO 1 TRACT 2 25 53 41 4.04 AC PB 82-35 CENTRAL MIAMI G N RA PROJECT NO 1 FLA R-10 PLAT NO 1 TRACT 3 THE VILLAS OF ST AGNES CONDO TOWN PARK SUB 5 PB 91-10 TRS 11 & 12 LESS E20FT AS DE TOWN PARK PLAZA NORTH CONDO TOWN PARK SUB 3 UR PROJECT FLA R-10 PB 86-21 PT TR . 25 53 41 SECURITY ADD PB 3-21 LOTS 8 TO 11 INC BLK 3 LOT SIZE IRREGULAR OR 20111-2347 1 SECURITY ADD PB 3-21 LOTS 12 & 13 BLK 3 LOT SIZE 13000 SQUARE FEET OR 20111-2347 1201 SECURITY ADD PB 3-21 LOT 1 LESS ESFT & S10FT BLK 4 LOT SIZE 5132 SQ FT OR 19656-4767 OF PB B-93 RESUB OF LOT 1 BLK 17 ERICKSONS SUB LOT 3 LOT SIZE 50.000 X 150 COC 24777-1891 36 53 41 PB B-93 RESUB OF LOT 1 BLK 17 ERICKSONS SUB LOT 9 LOT SIZE 50.000 X 150 OR 209 36 53 41 PB B-93 RESUB OF LOT 1 BLK 17 ERICKSONS SUB LOT 8 LOT SIZE 50.000 X 150 OR 209 WYNWOOD INDUSTRIAL COMPLEX PB 149-85 T-19533 TR D LOT SIZE .213 AC F/A/U 01-3125-035• 25 53 41 NORTH WEST 7TH AVE ADD PB 7-36 E37.5FT OF LOT A BLK 4 LOT SIZE 5625 SQUARE F NORTH WEST 7TH AVE ADD PB 7-36 LOT 37 BLK 4 LOT SIZE 5625 SQUARE FEET COC 23605-253 NORTH WEST 7TH AVE ADD PB 7-36 LOT 25 BLK 4 LOT SIZE 4500 SQUARE FEET COC 23605-255 NORTH WEST 7TH AVE ADD PB 7-36 LOT 38 BLK 4 LOT SIZE 5625 SQ FT OR 18386-1863 1198 1 C NORTH WEST 7TH AVE ADD PB 7-36 LOT 36 & W2.5FT OF LOT A BLK 4 LOT SIZE 6000 SQUARE F NORTH WEST 7TH AVE ADD PB 7-36 LOT 35 BLK 4 LOT SIZE 5625 SQUARE FEET OR 22450-2345 NORTH WEST 7TH AVE ADD PB 7-36 LOT 34 BLK 4 LOT SIZE 5625 SQUARE FEET COC 23605-253 RESUB OF LOT 1 BLK 17 ERICKSONS SUB PB B-93 LOT 4 LESS W10FT FOR R/W LOT SIZE 50.00 t ALL OF LOT 2 LESS N10FT FOR R/W BLK 4 & N1/2 OF ALLEY LYG S & ADJ CLOSED PER ORC PER ORD 13492 LOT SIZE 4950 SQ FT M/L OR 13658-3501 0488 4 COC 26199-1399/26404-1346 39.31 FT S 00 DEG E 65.30FT SWLY AD 39.32FT S 89 DEG W 27.33FT N 00 DEG W 75.30FT N 8 55.30FT SWLY AD 39.23FT S 89 DEG W 27.33FT N 00 DEG W 75.30FT S 89 DEG W 62.29FT S OC Y LYG N & ADJ CLOSED PER ORD 13492 LOT SIZE 5568 SQ FT M/L OR 21082-1840 0303 3 7 BEG NW COR S500FT E191.5FT N475FT TH ALG CURVE TO LEFT AS 39.43FT W166.4FT TO f 9 DEG W 436.31 FT 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 Darlene Gonzalez 333 SE 2nd Ave., 4400 Miami FL 33131 City of Miami Property Search Notice 04/08/2021 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: 04/08/2021. 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: 01-3125-063-0020 Property Address: 2000 NW 3 AV Legal Description: 25 53 41 TOWNPARK SUBDIVISION 1 PB 85-31 / U.OR.OPROJECT FLA R-10 / TRACTS 2 & 3 & TR 22 OF U R PROJECT FLA R-10 OF PB 91-88 LOT SIZE 452717 SQ FT M/L Amount Payable On: 04/07/2021 to 05/08/2021 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 Darlene Gonzalez 333 SE 2nd Ave., 4400 Miami FL 33131 04/08/2021 Folio Number: 01-3125-063-0020 Property Address: 2000 NW 3 AV Legal Description: 25 53 41 TOWNPARK SUBDIVISION 1 PB 85-31 / U.OR.OPROJECT FLA R-10 / TRACTS 2 & 3 & TR 22 OF U R PROJECT FLA R-10 OF PB 91-88 LOT SIZE 452717 SQ FT M/L 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 Darlene Gonzalez 333 SE 2nd Ave., 4400 Miami FL 33131 04/08/2021 Folio Number: 01-3125-063-0020 Property Address: 2000 NW 3 AV Legal Description: 25 53 41 TOWNPARK SUBDIVISION 1 PB 85-31 / U.OR.OPROJECT FLA R-10 / TRACTS 2 & 3 & TR 22 OF U R PROJECT FLA R-10 OF PB 91-88 LOT SIZE 452717 SQ FT M/L 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: 01-3125-063-0020 NO OPEN VIOLATIONS FOUND. Page 5 of 5 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 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 1/5/2021 Concurrency Application Online Payment Service - Successful Payment Receipt Miami -Dade Count Successful Payment Receipt Please print this receipt for your records Remittance ID: Received: Contact Name: Application Address: Local Govt. App. Number: Folio Number: MDCPS Application ID: Amount: Transaction Type: Card Information: Billing information: Public Schools giving our students the world SchooI010521165328170VBILLS January 05, 2021 04:54PM EST Ryan Bailine 2000 NW 3 Avenue Miami Florida 33127 PZ-20-7953 0131250630020 PH0120111100527 $302.00 Authorization and Capture MasterCard ELON METOYER ************8680 Address Line 1: 3225 Aviation Avenue, 6th Floor Country: United States City: Miami State: FL ZIP Code: 33133 Print Exit Your payment request has been submitted. Thank you for your payments. Please print this page for your records. Payments received after 12:OOPM PT, will be processed the next business day. Your payment will be posted to your School Board of Miami -Dade County Concurrency Application account the following business day. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 124583990 https://www.velocitypayment.com/vrelay/check.do?currentRefresh=1&maxRefresh=5&remittancelD=Schoo1010521165328170VBILLS&application_id=... 1/1 12/23/2020 Mail - Lahens, Hellena - Outlook Reminder - Your Application No. PH0120111100527 is pending payment and as such it has not been processed. concurrency@dadeschools.net <concurrency@dadeschools.net> Mon 11/16/2020 10:24 AM To: bailiner@gtlaw.com <bailiner@gtlaw.com>; bailiner@gtlaw.com <bailiner@gtlaw.com>; Lahens, Hellena <HLahens@miamigov.com>; concurrency@dadeschools.net <concurrency@dadeschools.net> Cc: FacilitiesSolutions@dadeschools.net <FacilitiesSolutions@dadeschools.net> CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Monday, November 16, 2020 Dear: Ryan Bailine 305-579-0508 bailiner@gtlaw.com Housing Trust Group, LLC 305-579-0508 bailiner@gtlaw.com 2000 NW 3 Avenue Miami, Florida 33127 Miami has submitted Application No.PH0120111100527 on Wednesday, November 11, 2020 to Miami -Dade County Public Schools for review of Public School Concurrency. Please review the following information pertaining to your application. LG Application Number: PZ-20-7953 Folio Number: 0131250630020 ; Applicant Name: Housing Trust Group, LLC; Application Type: Public Hearing Zoning; # of Units: 0 Single - Family Detached Units: 0 Single -Family Attached Units: 301 MultiFamily Units ; For a total number of 301 units Review Fee Due: 302.00 The Miami -Dade County Public Schools Application No. is PH0120111100527 Click on the link to make payment: https://urldefense.com/v3/ https://www.velocitypayment.com/vbills/lookup/bankofamerica/schoolmiamidade ;!!Ei5NnPD8gA!2Aps- 92K6ctK0dJ3BYu45T8ufdz vlolVkl oPeXpjw7svYl3-clEbyuJGpMp9UQ$ https://outlook.office365.com/mail/search/id/AAQkADgxMWRhNzY3LTcwNGUtNGFhZC1 iZGM0LT12NGZiMDMxOGRjOQAQADhIJZFM6DRJs4bPnPCWRIM%3D 1/2 12/23/2020 Mail - Lahens, HeIlene - Outlook NOTE: Only completed applications will be reviewed. An application is considered complete for MDCPS to conduct the Public School Concurrency Review once payment has been received. Failure to pay the review fee within 10 business days from the date the Miami submitted the application to MDCPS will result in the application not been reviewed or processed. The application will have to be resubmitted by the Miami. Should there be an error in the information submitted to MDCPS, please contact the Miami so that they may correct the information. Also, do not make payment until the application is correct. Should you have any questions for MDCPS, please do not reply to this email. You can email us at: concurrency@dadeschools.net or call us at 305-995-7634. https://outlook.office365.com/mail/search/id/AAQkADgxMWRhNzY3LTcwNGUtNGFhZC1 iZGM0LTI2NGZiMDMxOGRjOQAQADhIJZFM6DRJs4bPnPCWRIM%3D 2/2 GT GreenbergTraurig July 13, 2020 Updated: December 7, 2020 Updated: March 12, 2021 VIA E-PLAN FILING Mr. Cesar Garcia Pons City of Miami Director of Planning and Zoning 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33131 Re: Letter of Intent for Rezoning Application 2000 NW 3rd Avenue (the "Subject Property") Dear Cesar: Ryan D. Bailine Tel 305.579.0508 Fax 305.579.0717 bailiner@gtlaw.com On behalf of Miami -Dade County and Housing Trust Group, LLC (collectively referred to as the "Applicant"), we are pleased to submit the enclosed rezoning application (the "Application") for the above -captioned Subject Property identified by Tax Folio No. 01-312- 5063-0020, located in the City of Miami (the "City"). This correspondence constitutes the Applicant's Letter of Intent and analysis pursuant to the requirements of Article 7.1.2.8(c) (2) (g) of Miami 21. Specifically, the Applicant is requesting a zoning change to the Subject Property from T4-L to T5-O in compliance with Section 7.1.2.8(c)(1) of Miami 21. I. PROPERTY INFORMATION The Subject Property fronts NW 20th Street to the North, NW 22nd Street to the South, NW 3rd Avenue to the East, and NW 4th Court/the Rainbow Village Park to the West. According to the enclosed survey of the Subject Property prepared by Pulice Land Surveyors, Inc., dated July 7, 2020 (the "Survey"), the Subject Property's lot area totals approximately 451,692 +/- square feet or 10.369 +/- acres. A reduced sized copy of the Survey is attached as Exhibit "A". Below is an aerial image depicting the location of the Subject Property, outlined in blue. Greenberg Traurig, P.A. I Attorneys at Law 333 Southeast Second Avenue I Suite 4400 I Miami, FL 33131 I T +1 305.579.0500 I F +1 305.579.0717 www.gtlaw.com Letter of Intent for Rezoning Application By way of background, the Subject Property is owned by the Miami -Dade County (the "County") Public Housing Agency. The County issued a Request for Proposal No. 01296 (the "RFP") to redevelop the Rainbow Village Public Housing Community ("Rainbow Village") and Gwen Cherry 23C Public Housing Community ("Gwen Cherry") located on the Subject Property. The Applicant was the top ranked bidder and winning responder to the RFP. A copy of the County's resolution awarding the RFP is attached as Exhibit "B". Rainbow Village includes one -hundred (100) apartment units contained within a series of two-story walk-up style buildings constructed between 1970 - 1972. Gwen Cherry includes thirty- six (36) apartment units contained within a two-story walk-up style building constructed in 1973. As detailed in the photographs below, the structures do not adhere to modern design principles, including Miami 21, which emphasizes light, air, and the pedestrian realm. Instead, the buildings are CBS rectangular masses, with small windows, and very limited balconies. The buildings have no relationship with the pedestrian realm, and do not serve to activate or enliven the area. In fact, the structures and their design contribute to neighborhood blight. 2 ir ,' . 'ik Letter of Intent for Rezoning Application mutt II. ANALYSIS FOR REZONING Under Miami 21, the current zoning designation of the Subject Property is T4-L. The Applicant requests to rezone the Subject Property to T5-O pursuant to the successional zoning requirements of Article 7, Section 7.1.2.8(a) of Miami 21. As demonstrated in the Survey, the Subject Property has more than 200 feet of Street Frontage along NW 22nd Street, NW 3rd Avenue, NW 20th Street, and NW 4th Court, and contains more than 40,000 square feet of land area. As such, the Subject Property meets the threshold criteria for rezoning consideration pursuant to Article 7.1.2.8(c)(1). Further, for the reasons outlined below, the proposed rezoning is appropriate for the Subject Property, and meets the criteria established in Article 7, Section 7.1.2.8 of Miami 21. /../ zi NW 23 Rf5D.SST #'I' , C/.!/eT ///♦q' f1�I°Y 72 T3-R NW Bill TES: 1. Article 7, Section 7.1.2.8(f)(2) of Miami 21. The proposed rezoning is compatible with the surrounding zoning districts and provides a transition in density and intensity which is consistent with the goals of Miami 21. 3 Letter of Intent for Rezoning Application Article 7, Section 7.1.2.8(f)(2) of Miami 21 requires zoning changes to maintain the goals of Miami 21 and provide transitions in intensity and Building Height. The Subject Property is bounded by higher intensity uses/districts on the North, East and West. Specifically, the properties East and Northwest of the Subject Property are designated T5-O and the properties to the North are designated T6-8-0. It is also important to note the property to the North is approved as the Mana Wynwood Special Area Plan, which is forecast to include +/- 9 million square feet of mixed - use development. Therefore, the proposed successional rezoning to T5-O provides an appropriate transition in height and density between the intense development to the North of the Subject Property and the T3-R properties located to the South of the Subject Property. 2. Article 7, Section 7.1.2.8(f(1)(a) of Miami 21. The proposed rezoning furthers the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan (the "Comprehensive Plan"), Miami 21 and other City regulations. a. The rezoning of the Subject Property furthers the goals, objectives, and polices of the Comprehensive Plan. The following land use goals, objectives and policies of the Comprehensive Plan are furthered by the proposed rezoning of the Subject Property: • Goal LU-1: Maintain a land use pattern that (1) protects and enhances the quality of life in the City's neighborhoods; (2) fosters redevelopment and revitalization of blighted or declining areas; (3) promotes and facilitates economic development and the growth of job opportunities in the city; (4) fosters the growth and development of downtown as a regional center of domestic and international commerce, culture and entertainment; (5) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and conserves the city's significant natural and coastal resources; and (7) protects the integrity and quality of the City's existing neighborhoods by insuring public notice, input and appellant rights regarding changes in existing zoning and land use regulations. • Policy LU-1.3.15: The City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. • Policy HO-2.1.2: The City will continue to revise residential zoning district regulations to provide greater flexibility for the design and development of a variety of contemporary housing types and mixed -use developments with the application of new higher density zoning in accordance with neighborhood specific design and development standards that might be adopted as a result of amendments to the City's land development regulations and other neighborhood planning initiatives. • Objective LU-1.2: Promote, facilitate, and catalyze the redevelopment and revitalization of blighted, declining or threatened residential, commercial and industrial areas through a variety of public, private, and public -private redevelopment initiatives and revitalization programs including, where appropriate, historic designations. 4 Letter of Intent for Rezoning Application b. The Subject Property is located in the SEOPW CRA. The Subject Property is located within the Southeast Overtown/Park West Community Redevelopment Agency area of the City (the "SEOPW CRA"). Consistent with the requirement of Article 7, Section 7.1.2.8(f)(1)(a), the proposed rezoning advances the intent and goals of Miami 21 and the SEOPW CRA Redevelopment Plan by expanding redevelopment opportunities for the Subject Property's outdated two-story multi -family structures with a variety of uses such as pedestrian scaled commercial uses, and high -quality mixed -income residential units central to the Overtown neighborhood. The proposed zoning change would permit the redevelopment of the Subject Property into a pedestrian oriented mixed -use development with much needed ground floor commercial space for the existing and future residents of the area. Redevelopment of the Subject Property would serve to activate the streetscape and encourage walkability throughout the area. The Subject Property's renewed pedestrian friendly environment serves to complement the transportation options surrounding the area, including the Miami -Dade County Transit MetroBus system. As such, any development at the Subject Property would further increase the use and ridership of nearby transit opportunities and produce a captured demographic to support the Subject Property's ground floor retail use as well as the cultural and entertainment facilities dispersed throughout the Overtown neighborhood. The pedestrian friendly atmosphere coupled with the mixed -use components would advance the SEOPW CRA's vision for this area and allow the Subject Property to reach its intended development potential. Rezoning of the Subject Property furthers the following redevelopment goals and policies of the SEOPW CRA Redevelopment Plan: • Goal: Improve the Quality of Life for residents; creating housing, recreation and work environments where healthy outcomes are the result of a planned and sustainable effort designed to improve the quality of life for Overtown residents in the CRA. • Principle 1: The community must be livable. Land uses, and transportation systems must be coordinated with each other. • Principle 5: Walking within the neighborhood must be accessible, safe and pleasant. • Principle 10: Streets and buildings must be attractive. • Principle 13: The zoning and other development regulations should promote walkability, connectivity, mixed use and density of housing products and commercial space. 3. Article 7, Sections 7.1.2.8(f)(1)(b) of Miami 21. An analysis of the development and use patterns for the vicinity of the Subject Property, as well as the changing conditions in the immediate area, support the proposed rezoning to T5-O. 5 Letter of Intent for Rezoning Application a. The Subject Property is located in the SEOPW CRA and in close proximity to Mana Wynwood SAP. As mentioned above, the Subject Property is located within the City's SEOPW CRA area; an area which continues to undergo a rapid increase in development, business revitalization and expansion and population growth. Separate and apart, the Subject Property is just South of the proposed Mana Wynwood SAP, an area that is undergoing redevelopment with dense and intense uses across a 23 +/- acre site. Article 7, Section 7.1.2.8(f)(1)(b) requires consideration of the need for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary. The reviving of the SEOPW CRA area and the rapidly changing Wynwood neighborhood to the North, further justify the rezoning of the Subject Property to allow development consistent with the intent, vision and progress of Miami 21. b. The Subject Property was previously zoned R-3 under Ordinance 11000. Under Ordinance 11000, the Subject Property was zoned R-3 Multifamily Medium - Density Residential, as detailed on the prior zoning map below. The R-3 designation permitted single-family, duplex and multifamily structures up to and including low-rise apartment structures with a maximum density of sixty-five (65) units per net acre. After the adoption of Miami 21, the Subject Property was subsequently designated as T4-L, reducing the density from sixty-five (65) units per acre to thirty-six (36) units per acre. The proposed rezoning would correct the discrepancy created after the adoption of Miami 21, and return the Subject Property to a density of sixty-five (65) units per acre, as was the case under Ordinance 11000. 4. The existing T4-L zoning transect designation is inappropriate. As noted above, the Subject Property was previously zoned R-3 Multifamily Medium - Density Residential, which permitted sixty-five (65) units per acre. After the adoption of Miami 21, the Subject Property was subsequently designated as T4-L, reducing the density from sixty- five (65) units per acre to thirty-six (36) units per acre. For this reason, the current T4-L transect zone designation is inappropriate. 6 Letter of Intent for Rezoning Application Additionally, the Subject Property's existing zoning transect designation is inappropriate in light of the City's and County's objectives related to affordable housing development. Although the Subject Property is a large, centrally located parcel in the heart of the SEOPW neighborhood, redevelopment on the Subject Property may not currently utilize the affordable housing benefits contained in Miami 21. As the neighboring community begins to gentrify quickly, with large developments slated for Wynwood such as the Mana Wynwood SAP, it is imperative that the Subject Property provide increased access to affordable housing and diversity of housing stock. The existing Gwen Cherry/Rainbow Village community is both physically obsolete and an underutilization of the Subject Property. The existing zoning designation is inappropriate in light of the City/County goals related to diversity of housing stock and access to affordable housing. 5. Through the re -platting process, the Applicant will ensure a sufficient buffer from the adjacent T3 zoning transect. In order to create a sufficient buffer from the T3 transect located to the South and East of the Subject Property, the Applicant will be re -platting the Subject Property to create an interstitial tract along the Southern boundary. The interstitial tract will be developed in accordance with the proposed T5-O zoning designation, which does not currently qualify for the benefits contained in Article 3.15 of Miami 21. As such, the T3 parcels to the South and East will be sufficiently buffered from the portions of the Subject Property that would be eligible for the affordable housing bonuses under Article 3. III. ANALYSIS FOR COMPREHENSIVE PLAN AMENDMENT The FLUM contained in the Comprehensive Plan designates the Subject Property as Medium Density Restricted Commercial. The Subject Property's Medium Density Restricted Commercial designation is compatible with the proposed T5-O zoning designation, as depicted in the Correspondence Table in the Comprehensive Plan below. As such, the Applicant is not seeking a FLUM Amendment in connection with the Application. 7 Letter of Intent for Rezoning Application Correspondence Table —Zoning and Comprehensive Plan Transect Miami 21 Transect Zone October 2009 MCNP Future Land Use dwelling Units Per Acre Max. T3 R. L SUB -URBAN SINGLE-FAMILY RESIDENTIAL ; cL;ac T3 DUPLEX RESIDENTIAL 18 vi,:+ar T4 R GENERAL URBAN LOW DENSITY MULTIFAMILY RESIDENTIAL '= Lrac` T4 L'O LOW DENSITY RESTRICTED COMMERCIAL 35 da T6 R URBAN CENTER MEDIUM DENSITY MULTIFAMILY RESIDENTIAL 65 dula T5 L,O MEDIUM DENSITY RESTRICTED COMMERCIAL 66 6100 T6-(8 — 48) R URBAN CORE HIGH DENSITY MULTIFAMILY RESIDENTIAL 15{} duiac. T6-(8-48) L, 0 RESTRICTED COMMERCIAL, GENERAL COMMERCIAL Please note however, that the Subject Property's designation as Medium Density Restricted Commercial and its location within the SEOPW CRA reflects the City's vision and intent for the Subject Property to allow for greater density and varied uses at this location. IV. CONCLUSION In light of the foregoing, the proposed rezoning of the Subject Property to T5-O (i) is consistent with the scale, character and uses located in the vicinity of the Subject Property, (ii) complements the surrounding area and (iii) will encourage redevelopment while providing a positive impact on the Overtown community. If you require any additional information or would like to discuss further this request, please contact me at 305-579-0508. Thank you for your attention to and favorable consideration of this matter. RPD:man Enclosures ACTIVE 51439272v4 Sincerely, Ryan D. Bailine, Esq. 8 Exhibit "A" Survey TREE TABLE wee Number Botanical Name Common e (Indies) (tem.) Height (feet) Svereend me... MAHOGANY 3, ereretenin dlehoganl MAHOGANY 1, Bud. buceras BLACK OLIVE 50. 4 Sure. harems BLACK OLIVE adores dreminne LIVE OAK 1, 3B' 4tl 6 Madera. died tidied nt7led smellie,o ottinaphy2o u 1e" m' 10 Bundy harems BIAGI( OLIVE 1, 12 Swietenia Whoa., MAHOGANY 3, aD B nidentOee IS tle0Fee 16 Unidentified PALM 17 Prunus duhis ALMOND 0 18 Sure. MACK OLIVE 1,' eeM d' Wadyetla bifumma FOXTAIL PALM 10' 21 Wady.. hifa,cma 22 eia6Re 23 Wadyetla biurama Wadyeba bifurcate 25 Wadyeba bifurcalo Sh Wody66a ha` reread 27 need UNIDENGFIED M. 28 Sure. breams MACK OLIVE ArM ry 30 Bud. harems MACK OLIVE N/A 32 Fires 33 UnNentykda Mahn.; MAHOGANY 24.' 36 Buck. harems MACK OLIVE he MAHOGANY IEr 313 Sunda haremsani Bare. harems MACK OLIVE 1, MIPI11.15 Virg LIVE OAK re tlem{ied� P.M SO' Id tlent0M 43 Un2enty1A PAM SR 10hre ...en.). UNIDENTIFIED 1,ry ID 65 Unidenhfied yi 20 Sabel E ABBAGE PALM 12.' Unidentified PALM 10. re tlentifietl re Unidentified PAW 1r Sp Bud. harems BUCK OLIVE 241 51 Shrew= Idaho.. MAHOGANY 1, 5G Bme11M ottinop0VM6 OMBRELIATREE SP 16' Unidentified 10' 57 Unidentified UNIDENTIFIED 1Y D' D 56 u.nti6ed 10' m' 59 tle2i4ed m 60 d,enie,a ifilireophygo D ma Unidentified MAHOGANY 69Smetema Arehogore MAHOGANY 2a" arc c0' meLama oreno physn IIMEMELIA MEE 18. Ra 71 Sad. re ins Bus., OLIVE za" BLACK OLIVE FIlY Sorel palmetto CABBAGE PALM 4 25 Ta untl.mi/ed PALNIN2 a l0 1v COPYRIGHT 2020 BY RULIOE LAND SURVEYORS. INC ALL RIGHTS RESERVED NO FART OF THIS SURVEY MAY BE REPRODUCED. IN ANY FORM OR BY ANY MEANS. WITHOUT PERMISSION IN ',POING FROM AN OFFICER OF RULIOE LAND SURVEYORS, INC r NW 20TH STREET VICINITY AMAP John F Pulice Digitally signed by John F Pulice Date: 2020.07.07 08:10:49 -04'00' CERTIFICATION. . THE AT THIS SKETCH FORTH DEPARTMENT OF AGRICULTURE R ES ("DT CS SECTION 42027, FLORIDA STATUTES. TI VE CODE, PURSUANT0 SEAL SURVENOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED YOR AANDIGITAL MSIGNATURE AND SEAL OF A FLORIDA LICENSED ID JOHN F PULICE, PROFESSIONAL SURVEYOR AND MAPPER LS2691 ,ITCA IL' 0; FLORIDA' LEGAL DESCRIPTION. THAT LEASEHOLD ESTAlE CREATED BY THAT LEASE BY AND BE,EEN MIAMI-DADE COUNTY. A POLITICAL SUBDIVISION OF THE SlATE OF FLORIDA, AS LANDLORD. TO RAINBOW REDEVELOPMEN, 11,,,,CDEULDOMAZT,ELL4,BAI,L,ILmCIPLAENIAlUnNT AS 2020 IN OFFICIAL RECORDS BOOK . PAGE . LIEF, THE FOLLOWNG DESCRIBED LANDS: RECORDED IN PLAT BOOK 85 PAGE 31 OF lHE PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA AND TRACT 22 OF FLORIDA NOTES' 2 ) AREA FEE, AND MIAMI-DADE COUNTY BENCHMARK .5.50-NEW, F16.99 FEET. WOT6C031L; C E EttO pl2assa Z NEE' a9 /111/09 4] H "UTH. GE BEARINGS ARE BA THE CON,Cl THE APPROPRIATE COMPANIES FOR FIELD W THE VERIFICATION ON THIS SC RVEY IS 301 THIS STEO 9) THIS SURVEY WAS PREPARED WITH BENEFIT OF COMMITMENT TY EXO DAL iL ID COMPANY COMMITMEM D /01/2 2 THE FOLLOWING ITEMS ARE SCHEDULE B SECTION II TO THIS SITE BUT CANNOl BE PLOTTED 'ONAPPLY C) RD OOLE, AND PG. 1040. APPLIES TO THIS SITE AS DEPIC,B HEREON. ITEM 8-TERMS AND CONDITION OF THAT LEASE BY AND ALL O.R.B. DED DDCUMENTS ARE PER D MIAM-ADS COUNTY 1OJ 11)H STAiESPL C ARR ONE. BEARING LAGELS SHEET 1 OF 3 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1, 2 .6 3 REVISIONS BV1O. REVISIONS B, RAINBOW p AIL xAGE BOUNDARY AND TOPOGRAPHIC SURVEY PULICE LAND SURVEYORS, INC. ......... 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 (954)-T,-8TTT /I' DRAWN BY. B.E. SCALE. N/A FILE. HOUSING TRUST GROUP CERTE-MTwwwELEPHONE AUTHORIZATION La,3a a spHECKED By J SURVEY BATE 05/11202Z ORDER NO.. 07297 R-25.00' CA-89°59'50. A-39.27' enal "TDANPAIMUr eDINSION 1 U.R. 'WV. mmee,ag: i. -a-) Et'• 0025, „22 4 „ 1,11 11111 rwa. Emu to - I it, • MI I I irtb., COPYRIGHT 2020 BY PACE LAND SURVEYORS. INC ALL RIGHTS RESERVED NO PART OF THIS SURVEY MAY BE REPRODUCED. IN ANY FORM OR BY AN, MEANS. WITHOUT PERMISSION IN .ITING FROM AN OFFICER OF PULICE LAND SURVEYORS, INC en 7,.:412M 2. „'[go W-1 '.-Rtirwe1 MATCH LINE SHEET 3 TRACT 22 1RACT 11 r.AEXT .TOWNPARK SUBDIVISION 5 u.R. 24'1,2M2 ,,,waggrh 555 e2`,4 - ,t,ti-Lt-u-u "jrinS. 76.71°V KV! 4te.'Aiiri""11*° "/ A A A atrkta ea '29- NW 20TH TERRACE teirMys • R-25.00' CA-90°04'08" A.39.30' gpraguf, PO& geRia5A Mre`xe SHEET 2 OF 3 LEGEND CONCRE, ASPHALT PAVEMENT sO ELEVATION — cox.— 0,RHEAD MARES UNDERGPOUND STORM SEWER Lir, —sAri— UNDERGROUND SANITARY SEWER LINE —w— UNDERGROUND WATER UNE —c— UNDERCPOUND CAS UNE CENTERLINE R OFFiCiAL RECORDS BOOK P PLAT BOOK PG, PACE RI,/ RIGHT-OF-WAY LiCENSED BUSNESS P RM PERMANENT REFERENCE MONUMENT N/A NOT AVAILABLE RAM!, CA. CENTRAL ANGLE A- ARC LENG, 1PAVEPSE PO, (FOP FiELD INFORMATION ONLY) PALM IKE ae, TREE MAHOGANY TREE 0 BLACK OLNE IKE O ALMOND TREE • UMBRELLA TREE BOITLEBRUSee 1HE 0 • UNIDENTIFIED TREE • 1REE NUMBER • COMRIMENI ENCEPliON NUMBER IP:mW STA, PLANE COORDINATES THIS DOCUMENT IS NE,HEP FULL NOP COMPLETE WITHOUT SHEETS 1. 2 & 3 RAINBOW VILLAGE .alliarpry BOUNDARY AND TOPOGRAPHIC SURVEY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE (954) 572-1777 FAX. (95,1) 572-1778 surveys@pulIcelorecIsurveyors corn WEBSITE: mew puliceloncesemeerrs com CEF,IFICATE OF AUTHORIZATION LB,B7.0 GRAPHIC SCALE spHECKED J.F.P SURVEY DATE 05/17/2020 DRAWN 13, BE. SCALE 1' • SO' FILE HOUSING TRUST GROUP ORDER NO.. 437297 0 ga SI393 •wvx mo96�-POL�°M A `»^'= '{ NW 22ND STREET 88745'25•W 335.03' N0210'05'W LEGEND ASPHALT PAVEMENT GE ELEVATION — cow — OVERHEAD WIRES —sTin— UNDERGROUND STORM SEWER ONE —SAX— UNDERGROUND SANITARY SEWER LINE —W— UNDERGROUND WATER ONE —G— UNDERGROUND GAS ONE • CENTERLINE PC PAGE Raw H/n.PERMANENT REFERENCE MONUMENT CAT CENTRAL ANGLE TP TRAVERSE PO, (EDR MELD INFORMATION oNLv> O BLACK OD@ TREE O MAHOGANY TREE333.3 TREE 33 % • GOTTLEGRUSH TREE NUMBER BA°▪ AI STATE PLANE COORDINATES COPYRIGHT 2020 BY PUCE LAND SURVEYORS, INC ALL RIGHTS RESERVED. NO PART OF THIS SURVEY MAV BE REPRODUCED, IN ANY FORM OR BY ANY MEANS. WITHOUT PERMISSION IN WRITING FROM AN OFFICER OF PILL, LAND SURVEYORS, INC. 9-67752. •TOWNPR�R, 0' '°n8o"EAOTSUBOINSION U.R. Me 85, k".vR-1� B58 &'AP° N87'44'54•E 290.49' a3 3%1E , e .ee 99 Flaa, 887 45'25•W 139 91' 'E 800 38"E 10.00' YE,M "SAE 77,31.17111. IMMWWWWWWWI®A''mmews 1• 1l.m. ,91`E4'E—. 3,333. MATCH LINE SHEET 2 .OWNyyPppNRKAS116gVISION .R. P.6� 81�PGR.6�-10' ° p6. 3. G°25TV I03 NINNI, fLORIDR' OT 3 LOT 2 ni�¢sroav It' 23.. 90 GRAPHIC SCALE 3ua SHEET 3 OF 3 Nl W 21ST STREET Y' RAINBOWL VILLA01 OUNDARY ANDTOPOGRAPHIC SURVE i PULICE LAND SURVEYORS, INC. SUNRISE. FLORIDA 39361 ORDER NO..07287 Exhibit "B" Miami Dade County Board of County Commissioners Approved Resolution No. R-297-20 10 OFFICIAL FILE COPY CLERK OF THE BOARD OF COUNTY COMMISSIONERS WAS.11-DAD£ COUNTY, FLORIDA. MEMORANDUM Agenda Item No. 8(F)(1) TO: Honorable Chairwoman Audrey M. Edmonson DATE: and Members, Board of County Commissioners FROM: Abigail Price -Williams County Attorney April 7, 2020 SUBJECT: Resolution authorizing, in accordance with section 125.35, Florida Statutes, award of an 11- month Ground Lease Agreement to Housing Trust Group, LLC, and its affiliates ("HTG"), a Florida limited liability company for nominal value and for the purpose of providing site control to HTG for the redevelopment of Rainbow Village and Gwen Cherry 23C Public Housing Developments pursuant to Request for Proposal (RFP) No. 01296, for the redevelopment of Rainbow Village and Gwen Cherry 23C, for the Public Housing and Community Development Department; waiving sections 2-8.3 and 2-8.4 of the County Code relating to bid protest procedures by a two-thirds vote of the Board members present; and authorizing the County Mayor to execute the Ground Lease Agreement, to exercise all provisions contained therein, including termination and amendment provisions, to execute or consent to the execution of sub - ground leases as may be required by the Florida Housing Finance Corporation or other funding sources, to preserve site control Resolution No. R-297-20 The accompanying resolution was prepared by the Internal Services Department and placed on the agenda at the request of Prime Sponsor Chairwoman Audrey M. Edmonson. APW/smm / lAr ..Slif Abigail Price -Williams County Attorney &_A For 2 1 Memorandum MIAuNMI Date: April 7, 2020 To: Honorable Chairwoman Audrey M. Edmonson and Members, Board of Commissioners From: Carlos A. Gimenez Mayor Subject: Recommendation for Approval tot. ward Short -Term Ground Lease Agreement to Housing Trust Group, LLC, and its Affiliates, Pursuant to Request for Proposal (RFP) No. 01296, Redevelopment of Rainbow Village and Gwen Cherry 23C Recommendation It is recommended that the Board of County Commissioners (Board): 1. In accordance with section 125.35, Florida Statutes, approve and authorize the County Mayor or the County Mayor's designee to execute a 11-month Ground Lease Agreement (Lease) with Housing Trust Group, LLC, and its affiliates ("HTG"), for nominal value and for the purpose of providing site control to HTG for the redevelopment of Rainbow Village and Gwen Cherry 23C public housing developments (Project Site), pursuant to Request for Proposal (RFP) No. 01296, Redevelopment of Rainbow Village and Gwen Cherry 23C for the Public Housing and Community Development Department; and 2. Waive the bid protest process pursuant to sections 2-8.3 and 2-8.4 of the Code of Miami -Dade County in order to allow HTG the opportunity to apply for competitive funds from the Florida Housing Finance Corporation's State Apartment Incentive Loan Program (SAIL Program), by the application deadline in March 2020, and to further ensure that the Public Housing and Community Development Department is able to provide assurances to the United States Department of Housing and Urban Development (HUD) by March 2020 that the County is making significant progress on the County's plan to covert certain public housing units to Section 8 Project -based units through HUD's Rental Assistance Demonstration Program (RAD Program); and 3. Authorize the County Mayor or County Mayor's designee to exercise all provisions contained in the Lease including, but not limited to, termination provisions, and the following provisions that authorize the County Mayor or the County Mayor's designee to: (a) review and approve documents, plans, applications, lease assignments, and requests required or allowed by HTG to be submitted to the County pursuant to the Lease; (b) consent to actions, events, and undertakings by HTG or extensions of time periods for which consent is required by the County, including, but not limited to, extensions of time for the performance of any obligation by HTG under the Lease; (c) execute any and all documents on behalf of the County necessary or convenient to the foregoing approvals, consents, and appointments; (d) negotiate lease bifurcation agreements; (e) negotiate terms of Right of First Refusal and Option to Purchase Agreements; (f) assist HTG with, and execute on behalf of the County, any applications or other documents needed to comply with applicable regulatory procedures and to secure financing, permits or other approvals to accomplish the construction of any and all improvements in and refurbishments of the property; (g) amend the Lease to correct any typographical or non -material errors, to address revisions or supplements hereto of a non -material nature, or to carry out the purposes of the Lease; (h) execute or consent, at the County Mayor or the County Mayor's designee sole discretion, to subleases with HTG's assignees, including any amendments, extensions, and modifications thereto; (i) execute recognition and non -disturbance agreements and issue estoppel statements; and (j) to take all other necessary actions that may be required by the Florida Housing Finance Corporation or other funding sources, to preserve site control. 2 Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners Page 2 The County issued a competitive Request for Proposals to obtain proposals from developers who have the experience and capacity of obtaining the funding, and managing the construction, maintenance, and operation of multifamily housing projects, including redevelopment experience under the RAD Program. Three vendors responded to the solicitation, and all vendors are local. Over 2,600 vendors were notified via email and by BidSync, of which 303 viewed the solicitation, and 77 downloaded the solicitation. The Competitive Selection Committee determined that HTG's proposal meets or exceeds the developmental criteria that would be most beneficial to the County. HTG's proposal demonstrated: 1) a well -qualified development team, including professional consultants for the redevelopment of the Project Site; 2) extensive experience building multi -family and public housing units; and 3) commitment to the HUD Section 3 compliance and other certified small and minority firms that are part of the development team. Therefore, it is in the best interest to the County to award the Lease to HTG for the purpose of providing site control for the redevelopment of the Project Site. Approval of the Lease is the first step in the award process as this establishes required site control prior to submission of the SAIL Program's application. Expediting the approval process is consistent with Public Housing and Community Development Department's need to provide assurances to HUD by March 2020 that the County is making significant progress on the RAD Program. The County is planning to redevelop 7,718 public housing units under the RAD Program countywide. Upon approval of the Lease, the County will initiate negotiations for a Master Development Agreement with HTG for the development of the Project Site, which currently consist of 136 public housing units. HTG proposes three possible scenarios for the development of the Project Site, i.e. Scenarios A, B, and C. Under Scenario A, HTG proposes to develop the Project Site with 1,014 mixed -income units, including 136 RAD units, subject to approval of the Project Site rezoning to T-5 under the Miami 21 Zoning Code Successional Zoning process by the City of Miami. Under Scenario B, HTG proposes to develop the Project Site with 1,316 mixed -income units, including 136 RAD units, subject to approval of the Project Site rezoning to T-5 under the Miami 21 Zoning Code Successional Zoning process by the City of Miami, followed by rezoning a portion of the Project Site from T-5 to T6-8 or higher under a Special Area Plan. Finally, under Scenario C, HTG proposes for the County's consideration, an option to expand the development site by 10.7 acres, which, if realized, may include, in addition to the mixed -income units contemplated under either Scenario A or Scenario B: (a) an educational component through redevelopment of the Paul L. Dunbar K-8 Center in partnership with the School Board of Miami -Dade County, Florida; (b) additional mixed-income/market rate housing through redevelopment of the 2000 NW 5th Place apartment site in partnership with Mana Wynwood; (c) approximately 70,000+/- square feet of commercial retail and office space; and d) a community center, an early education center and other community amenities. The Master Development Agreement will be presented to the Board for approval at a later date. The County will also negotiate a long-term permanent ground -lease agreement with HTG, subject to HTG obtaining the required financing to make the project financially viable, obtaining all required HUD approvals, and any other required approvals, for the redevelopment of the Project Site. The long-term permanent ground -lease will also be presented to the Board for its approval. Presently, the County can only execute an 11-month ground lease without necessitating any required approvals from HUD. Any ground lease with a term of more 12 months or more will require HUD approval. Scope The scope of this item is countywide in nature; however, the Project Site is Located in District 3. Fiscal Impact/Funding Source There is no fiscal impact for approving the Lease with an 11-month term. Although no rent is due under the Lease, the County intends to negotiate a Master Development Agreement and the long-term Ground Lease Agreement for the Project Site, which will result in revenue sharing and capital improvements to '3 Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners Page 3 the Project Site. The Master Development Agreement and long-term lease will be presented to the Board for its approval at a later date. Track Record/Monitor Pearl Bethel of the Internal Services Department is the Procurement Contracting Manager. Delegated Authority If this item is approved, the County Mayor or County Mayor's designee will have the authority to: (1) execute the Lease to exercise all provisions of the Lease including, but not limited to, termination provisions and the following provisions that authorize the County Mayor or the County Mayor's designee to (a) review and approve documents, plans, applications, lease assignments and requests required or allowed by HTG to be submitted to the County pursuant to the Lease; (b) consent to actions, events, and undertakings by HTG or extensions of time periods for which consent is required by the County, including, but not limited to, extensions of time for the performance of any obligation by HTG under the Lease; (c) execute any and all documents on behalf of the County necessary or convenient to the foregoing approvals, consents, and appointments; (d) negotiate lease bifurcation agreements; (e) negotiate terms of Right of First Refusal and Option to Purchase Agreements; (f) assist HTG with, and execute on behalf of the County, any applications or other documents needed to comply with applicable regulatory procedures and to secure financing, permits or other approvals to accomplish the construction of any and all improvements in and refurbishments of the property; (g) amend the Lease to correct any typographical or non -material errors, to address revisions or supplements hereto of a non -material nature or to carry out the purposes of the Lease; (h) execute or consent to, at the County Mayor or the County Mayor's designee sole discretion, subleases with HTG's assignees, including any amendments, extensions, and modifications thereto; (i) execute recognition and non -disturbance agreements and issue estoppel statements; and (j) to take all other necessary actions that may be required by the Florida Housing Finance Corporation or other funding sources, to preserve site control. Vendor Recommended for Award A Request for Proposals was issued under full and open competition. The County received three proposals. The Competitive Selection Committee (CSC) recommended that the County enter into negotiations with the highest ranked proposer, HTG. According to the CSC, HTG, including its key personnel and sub -contractors, has the experience, qualifications, capacity, and financial strength required for the redevelopment and operation of multifamily housing for public housing agencies. Vendor Principal Address Local Address* Number of Employee Residents Principal 1) Miami -Dade 2) Percentage* Housing Trust Group, LLC 3225 Aviation Avenue 6 Floor Coconut Grove, FL Same 45 Matthew A. Rieger $0% *Provided pursuant to Resolution No. R-1011-15. Percentage of employee residents is the percentage of vendor's employees who reside in Miami -Dade County as compared to the vendor's total workforce. 4 Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners Page 4 Vendors Not Recommended for Award Vendor Local Address Reason for Not Recommending The Michaels Development Company I, LP No Evaluation Scores/Ranking Pennrose, LLC No Deemed non -responsive by the County Attorney's Office for failing to submit Form 1, Revenue and Income Streams Proposal Schedule (opinion attached) Due Diligence Pursuant to Resolution No. R-187-12, a due diligence review was conducted in accordance with the Internal Services Department's Procurement Guidelines to determine vendor responsibility, including verifying corporate status and that there are no performance and compliance issues. The lists that were referenced included convicted vendors, debarred vendors, delinquent contractors, suspended vendors, and federal excluded parties. There are no adverse findings relating to vendor responsibility. Applicable Ordinances and Contract Measures • The two percent User Access Program provision does not apply. • The Small Business Enterprise Selection Factor and Local Preference do not apply. • The Living Wage does not apply. • The Davis -Bacon Wage Schedule in effect for Miami -Dade County applies. • Residents First Training and Employment Program applies, pursuant to Section 2-11.17 of the Code of Miami -Dade County and Implementing Order No. 3-61. • Section 3 of the Housing and Urban Development Act of 1968 Compliance applies. Attachment 7 Maurice L. Kemp Deputy Mayor 5 Memorandum Date: December.11, 2019. To.: Manuel,A,Jimenei Procurement Contracting pffider Internal Senile -es Department From: Subject: Terrence A. Smith Assistant Cot Attorney ReSpotiSiveheSs Opinion r& RFP No. 01.296,, RedeVeloptherit of Rainbow Village and GwenCherry.23C I -art in receipt of your memOrandurn d.ated Dcceitiber !64 .2019., in :which ,you aSk for a responsiyeueSs determinatiOnas to proposals received :torn Fienurose LLC C`FenprOse"D, rn resp:onse to .m6- No, 01296i.Redevelopment ofRainbow Village- and Gwen Cherry- 23C. (the 'Solicitation") I rely on :that • memorandum and its. :accoMpanying .materials consisting . of the 'biddee s-Stibission m reSponSe to the Solicitation, the 'Soli:Citation,it acconiiAnying addendaand our -subsequent telephone conVersations. If 'there .are: additional facts or which I should. be made aware, please let inc know, as those fats may alter the -conclusions reached .herein. Based piT my review ofthesernaterials, this formal opinion is provided finding v,rhether the PenntoseiS response t0 the Solicitation iiesp�nsive .AnalysiS 'The Solicitation requires:that each proposer -must submit Form .1, which is the Revenue and Income Stream's FropoSal,.. fo-rra 1 states that "[t]he Proposer's re.venue and income *gains shall be Submitted an this Foriti .PrOpOser ikrequested to. fill in .the •anblicable blanks on this form." Further, section-4;1 titled -'-!R.eview of Propcsals.for:Respmsiveness't states Bach proposal will be reviewed to determine :if the proposal iS responSive.to -the submissioilrequiretnents ontlitedinthis.8bliditatiOn.:A reSponsiye:propOS41:41Enie, which follows Me reqiiirements of this golicitationiineludes all documentation, is AtiOnitted n the formo .outlined in this Solicitation; is of timely sgbmlssiOtt) and has apprppriate signaittres as required on each document: Failure to comply with these requirements .may result in. the proposal being. deemed responsive at thelole dis.crefion-Of the Coutity'S 'Attorney Office.. (eniphasis :added) Finally, section. 4..5 of the Solicitationtitled'ae-venue and IncOine Stream's 'TV.aluation" states. The revenue and income Streains proposal will be Ovaluated '81ibjectiYayla combination With the .teChniOal,PrOposal, including an ev4tvaiiriA of how well- it matches Proposer's 1.;:mderstanding of -the Courity's- needs: described in this. .1 6 Solicitation the Proposer's assumptions, and the value of the proposed. services. The revenue and income streams evaluation is used as part of the evaluation process to determine the highest ranked Proposer. The County reserves the right to negotiate the final terms, conditions and revenue and income streams of the contract as may be in the best interest of the County. (emphasis added) Here, Fennrose failed to submit Fonn 1. Thus, the County has no ability to evaluate and rank Pennrose's proposal. One court bas•explained that the purpose of the competitive bidding process is, among other things, "to secure fair competition upon equal terms to all bidders ... and to afford an equal advantage to all desiring to do business with the county, by affording an opportunity for an exact comparison of bids." Harry Pepper & ASsocs., .Inc. v City of Cape Coral, 352 So. 2d 1190, 1192 (Fla. 2d DCA 2977) (citing Wester v. Belote, 138 So. 721, 723-24 (Fla. 1931)). It is established that responses to a solicitation must be capable of assuring the County that, if accepted, the proposal will result in a contract that can be performed in accordance with the requirements of the solicitation. See, e.g., Glatstein v. City of Miami, 399 So. 2d 1005, 1007-1008 (Fla. 3d DCA 1981) (relying on Wester for the proposition that Solicitation must include "reasonably definite plans or specifications, as a basis on which bids may be received"). Accordingly, Pennrose's failure to provide Form 1 as required by the Solicitation renders its bids non -responsive. Pennrose's bid. is not sufficient to provide the County with assurance that "the proposal will result in a contract that can be performed in accordance with the requirements of the solicitation." Gdcttstein, 399 So. 2d at 1007-1008. Please feel free to contact me if you have any questions or concerns about the foregoing. 2 Memorandum Date: December 06, 2019 To: Terrence Smith Assistant County Attorney County Attorney's Office From: Manuel A. Jimenez, CPPO, CPPB Procurement Contracting Officer Internal Services Department Subject: Request for Responsiveness Determination for Pennrose, LLC in Response to RFP No. 01298, Redevelopment of Rainbow Village & Gwen Cherry 23C On December 2, 2019, three proposals were received for the subject RFP and subsequently reviewed for responsiveness. Please advise whether the subject proposal Is responsive. Section 3.0. Response Requirements For Proposers Proposer: Pennrose, LLC ("Pennrose") Issue: Pursuant to RFP No. 01296, Redevelopment of Rainbow Village & Gwen Cherry 23C, Section 3.0, Response Requirements For Proposers, Pennrose, LLC ("Pennrose") did not provide Form 1- Revenue and Income Streams Proposal in its response to RFP-01296. 1) Section 3.6 of the RFP, Form 1 — Revenue and Income Streams Proposal, states: "Complete following the requirements therein." 2) Form 1, also states: "The Proposer's revenue and income streams shell be submitted on this Form 1, Revenue and Income Streams shall be in the manner stated herein..." Research Conducted: After I discovered that Pennrose's Proposal was missing Form 1, I thoroughly reviewed Pennrose's Proposal several times, trying to discover any embedded statement in the Proposal related to the Proposer's Revenue and Income Streams Proposal (Form 1). The result was negative; I could not find any such statement in the Proposal. I also reviewed the Proposer's response activity log in BidSync, and the report shows that the Proposer downloaded Form 1 on November 18, 2019 at 8:43:15 AM EST (See attached Pennrose's Response Activity Report). I The total value of the award will be over $1 million. if you have any questions, please contact me at (305) 375-4425. Thank you for your attention to this matter. Attachments: RFP-01296 Submittals RFP-01296 Solicitation Package (Complete) Pennrose's Response Activity Report 8 MEMORANDUM (Revised) TO: Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners FROM - ' tigail rice- '4i lams unty Attorney DATE: April 7, 2020 SUBJECT: Agenda Item No. 8(F) (1) Please note any items checked. "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 2/3's present ✓, 2/3 membership , 3/5's , unanimous _, CDMP 7 vote requirement per 2-116.1(3)(h) or (4)(c) , CDMP 2/3 vote requirement per 2-116.1(3)(h) or (4)(c) , or CDMP 9 vote requirement per 2-116.1(4)(c)(2) ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required 9 Approved Mayor Agenda Item No. 8(F) (1) Veto 4"7"20 Override RESOLUTION NO. R-297-20 RESOLUTION AUTHORIZING, IN ACCORDANCE WITH SECTION 125.35, FLORIDA STATUTES, AWARD OF AN 11- MONTH GROUND LEASE AGREEMENT TO HOUSING TRUST GROUP, LLC, AND ITS AFFILIATES ("HTG"), A FLORIDA LIMITED LIABILITY COMPANY FOR NOMINAL VALUE AND FOR THE PURPOSE OF PROVIDING SITE CONTROL TO HTG FOR THE REDEVELOPMENT OF RAINBOW VILLAGE AND GWEN CHERRY 23C PUBLIC HOUSING DEVELOPMENTS PURSUANT TO REQUEST FOR PROPOSAL (RFP) NO. 01296, FOR THE REDEVELOPMENT OF RAINBOW VILLAGE AND GWEN CHERRY 23C, FOR THE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT; WAIVING SECTIONS 2-8.3 AND 2-8.4 OF THE COUNTY CODE RELATING TO BID PROTEST PROCEDURES BY A TWO-THIRDS VOTE OF THE BOARD MEMBERS PRESENT; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE THE GROUND LEASE AGREEMENT, TO EXERCISE ALL PROVISIONS CONTAINED THEREIN, INCLUDING TERMINATION AND AMENDMENT PROVISIONS, TO EXECUTE OR CONSENT TO THE EXECUTION OF SUB - GROUND LEASES AS MAY BE REQUIRED BY THE FLORIDA HOUSING FINANCE CORPORATION OR OTHER FUNDING SOURCES, TO PRESERVE SITE CONTROL WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that: Section 1. This Board authorizes, in accordance with section 125.35, Florida Statutes, award of a 11-month Ground Lease Agreement ("Lease") for RFP No. 010296 with Housing Trust Group, LLC, and its affiliates ("HTG"), for nominal value and for the purpose of providing site control to HTG for the redevelopment of Rainbow Village and Gwen Cherry 23C public housing 10 Agenda Item No. 8(F) (1) Page No. 2 developments (Project Site), pursuant to Request for Proposal (RFP) No. 01296, Redevelopment of Rainbow Village and Gwen Cherry 23C for the Public Housing and Community Development Department. Section 2. This Board waives the requirements of sections 2-8.3 and 2.-8.4 of the Miami -Dade County Code ("Code") pertaining to bid protests, by a two-thirds vote of the Board members present, to allow HTG the opportunity to apply for competitive funds from the Florida Housing Finance Corporation's State Apartment Incentive Loan Program, by the application deadline in March 2020. Additionally, this Board waives the Code to ensure that the Public Housing and Community Development Department is able to provide assurances to the United States Department of Housing and Urban Development ("HUD") by March 2020 that the County is making significant progress on the County's plan to covert certain public housing units to Section 8 Project -based units through HUD's Rental Assistance Demonstration Program. Section 3. This Board authorizes the County Mayor or County Mayor's designee to execute the Lease, in substantially the form attached hereto as Attachment "A" and incorporated herein by reference. This Board further authorizes the County Mayor or the County Mayor' s designee to exercise all provisions contained in the Lease including, but not limited to, termination and amendment provisions and the following provisions that authorize the County Mayor or the County Mayor's designee to (a) review and approve documents, plans, applications, lease assignments and requests required or allowed by HTG to be submitted to the County pursuant to the Lease; (b) consent to actions, events, and undertakings by HTG or extensions of time periods for which consent is required by the County, including, but not limited to, extensions of time for the performance of any obligation by HTG under the Lease; (c) execute any and all documents on behalf of the County necessary or convenient to the foregoing approvals, consents, and appointments; (d) negotiate lease bifurcation agreements; (e) negotiate terms of Right of First 11 Agenda Item No. 8(F) (1) Page No. 3 Refusal and Option to Purchase Agreements; (f) assist HTG with and execute on behalf of the County any applications or other documents, needed to comply with applicable regulatory procedures and to secure financing, permits or other approvals to accomplish the construction of any and all improvements in and refurbishments of the property; (g) amend the Lease to correct any typographical or non -material errors, to address revisions or supplements hereto of a non- material nature or to carry out the purposes of the Lease; (h) execute or consent, at the County Mayor or the County Mayor's designee sole discretion, to subleases with HTG's assignees, including any amendments, extensions, and modifications thereto, in substantially the form attached to the Lease as Exhibit "D" (i) execute recognition and non -disturbance agreements and issue estoppel statements; and (j) to take all other necessary actions that may be required by the Florida Housing Finance Corporation or other funding sources, to preserve site control. Section 4. This Board directs the County Mayor or the County Mayor's designee to provide to the Property Appraiser's Office executed copies of the ground leases, sub -ground leases and operating agreements within 30 days of their execution. Section 5. This Board directs the County Mayor or the County Mayor's designee, pursuant to Resolution No. R-974-09, shall record in the public record the ground lease or, memorandum of ground lease, sub -ground leases or memoranda of sub -ground leases, covenants, reverters and mortgages creating or reserving a real property interest in favor of the County and shall provide a copy of such recorded instruments to the Clerk of the Board within 30 days of execution and final acceptance. This Board further directs the Clerk of the Board, pursuant to Resolution No. R-974-09, to attach and permanently store a recorded copy of any instrument provided in accordance herewith together with this resolution. 12 Agenda Item No. 8(F) (1) Page No. 4 The foregoing resolution was offered by Commissioner Rebeca Sosa who moved its adoption. The motion was seconded by CommissionerAudrey M. Edmonson and upon being put to a vote, the vote was as follows: Audrey M. Edmonson, Chairwoman aye Rebeca Sosa, Vice Chairwoman aye Esteban L. Bovo, Jr. Jose "Pepe" Diaz Eileen Higgins Joe A. Martinez Dennis C. Moss Xavier L. Suarez aye Daniella Levine Cava aye Sally A. Heyman aye Barbara J. Jordan aye Jean Monestime aye Sen. Javier D. Souto aye aye aye aye aye aye The Chairperson thereupon declared this resolution duly passed and adopted this 7th day of April, 2020. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this resolution and the filing of this approval with the Clerk of the Board. Approved by County Attorney as to form and legal sufficiency. Terrence A. Smith MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK Melissa Adames By: Deputy Clerk 13 ATTACHMENT A GROUND LEASE Dated as of March `, 2020 between MIAMI-DADE COUNTY Landlord and RAINBOW REDEVELOPMENT, LLC Tenant 14 GROUND LEASE (Project No. RFP-01296 for the Redevelopment of Rainbow Village and Gwen Cherry 23C) THIS GROUND LEASE (the Lease), made as of March , 2020 (the Lease Date), by and between MIAMI-DADE COUNTY, a political subdivision of the State of Florida and a "public housing agency" as defined in the United States Housing Act of 1937 (42 U.S.C. §1437 et seq., as amended) (Landlord), and RAINBOW REDEVELOPMENT, LLC, a Florida limited liability company (Tenant), as assignee of Housing Trust Group, LLC, a Florida limited liability company (HTG). Capitalized terms used in this Lease, without being defined elsewhere herein, shall have the meanings set forth in Section 1.1 hereof. WITNESSETH: WHEREAS, Landlord is the owner of the Land consisting of certain real property located in Miami -Dade County, Florida, on which is located public housing developments known as Rainbow Village and Gwen Cherry 23C (FLA 5-32 and FLA 5-27); and WHEREAS, Landlord sought qualified developers to redevelop the Land pursuant to the terms and conditions set forth in Request for Proposal No. 01296, Redevelopment of Rainbow Village and Gwen Cherry 23C (RFP); and WHEREAS, HTG has proposed to construct, through special purpose entities (including Tenant), (a) under Scenario A, approximately 1,014 mixed -income units on the Land, 136 of which will be RAD Units; or (b) under Scenario B, 1,316 mixed -income units, 136 of which will be RAD Units under Scenario B; and WHEREAS, Tenant intends to apply for various sources of private and public funding, which may include but is not limited to Low Income Housing Tax Credits (LIHTC) through the Florida Housing Finance Corporation (FHFC) and Federal Housing Administration's (FHA) 221(d)(4) program; and is required to meet certain requirements as a condition of being awarded such financing; and is responsible in all cases for identifying adequate project funding; and WHEREAS, such applications require Tenant to present evidence of site control over the Land at the time of the application as a condition of being awarded financing; and WHEREAS, evidence of site control over the Land includes a ground lease; and WHEREAS, on , 2020, the Miami -Dade Board of County Commissioners (the Board) adopted Resolution No. , awarding the RFP to the Tenant and approving the execution of this Lease; and WHEREAS, Landlord and Tenant are willing to enter into this Lease of the Land conditioned on Tenant obtaining financing, which may include FHFC awarding Tenant LIHTC. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties set forth herein, Landlord and Tenant do hereby covenant and agree as follows: Project No. RFP-01296 ACTIVE 48486805v4 1 15 ARTICLE I DEFINITIONS Definitions. The following terms shall have the following definitions in this Lease: (a) ACC means the Consolidated Annual Contributions Contract between HUD and Landlord as amended in relation to the Premises by the ACC Amendment. (b) ACC Amendment means the Mixed -Finance Amendment to Consolidated Annual Contributions Contract, dated on or about the Commencement Date, by Landlord and HUD, and incorporating the Public Housing Units, as the same may be further amended from time to time. (c) Act means the United States Housing Act of 1937 (42 U.S.C. § 1437, et seq.), as amended from time to time, any successor legislation, and all implementing regulations issued thereunder or in furtherance thereof. (d) Applicable Public Housing Requirements means, collectively, the Act, HUD regulations thereunder (and, to the extent applicable, any HUD -approved waivers of regulatory requirements), and all other Federal statutory, executive order, and regulatory requirements applicable to public housing, as such requirements now exist or as they may be amended from time to time. With respect to the Public Housing Units, the term Applicable Public Housing Requirements shall also include the ACC and the ACC Amendment, as and to the extent applicable to the Public Housing Units during the term thereof or the period required by law. (e) Bankruptcy Laws has the meaning set forth in Section 8.1(d). (f) this Lease. Board means the Board of County Commissioners as provided in the Recitals to (g) Commencement Date means the date on which the Tenant closes on its construction financing for the rehabilitation, redevelopment or new construction, as applicable, of the Improvements and the sale or syndication of the LIHTC, if applicable. (h) Declaration of Restrictive Covenants means any use agreement, declaration or similar covenant in favor of HUD to be recorded against the Land prior in lien priority to any leasehold mortgage and this leasehold which obligates Tenant and any successor in title to the Premises, including a successor in title by foreclosure or deed -in -lieu of foreclosure (or the leasehold equivalent), to maintain and operate the Premises in compliance with the Applicable Public Housing Requirements for the period stated therein. (i) Defects has the meaning set forth in Section 7.3. (j) Development means the construction (or rehabilitation), maintenance and operation of the Premises in accordance with this Lease. (k) Entitlements means all development, zoning, land use, entitlements, operation permits, concurrency, comprehensive plan amendments, site plan approval, platting, water and sewer rights and/or any other approvals and/or variances as may be required from the various Project No. RFP-01296 ACTIVE 48486805v4 2 16 governmental or quasi -governmental authorities having jurisdiction over the Premises beyond any applicable appeals period, for the development and construction of the Project. (I) Environmental Assessments means the environmental studies and reports to be obtained by Tenant on or before the Commencement Date. (m) Environmental Laws means any present and future Federal, State or local law, ordinance, rule, regulation, permit, license or binding determination of any governmental authority relating to, imposing liability or standards concerning or otherwise addressing the protection of land, water, air or the environment, including, but not limited to: the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601 et seq. (CERCLA); the Resource, Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (RCRA); the Toxic Substances Control Act, 15 U.S.C. §2601 et seq. (TOSCA); the Clean Air Act, 42 U.S.C. §7401 et seg.; the Clean Water Act, 33 U.S.C. §1251 et seq. and any so-called "Superfund" or "Superlien" law; as each is from time to time amended and hereafter in effect. (n) Event of Default has the meaning set forth in Section 8.1. (o) FHFC has the meaning set forth in the Recitals of this Lease. (p) Governing Documents means (i) with respect to the Public Housing Units, the Declaration of Restrictive Covenants, the ACC, ACC Amendment, the Operating Agreement, and other agreements associated with the RAD, including, but not limited to HAP Contract. In the event of a conflict between the Operating Agreement and the ACC, ACC Amendment, Declaration of Restrictive Covenants and the Hap Contract, the ACC, the Declaration of Restrictive Covenants and the HAP Contract shall govern, and (ii) with respect to the RAD Units, any document effectuating any part of RAD Requirements, including, without limitation, a RAD Conversion Commitment, a RAD Use Agreement, and a RAD HAP Agreement. (q) HAP Contract means the Housing Assistance Payment Contract(s) to be entered into between Tenant and Landlord in accordance with the RAD Program. (r) Hazardous Substances means (i) "hazardous substances" as defined by CERCLA or Section 311 of the Clean Water Act (33 USC § 1321), or listed pursuant to Section 307 of the Clean Water Act (33 USC § 1317); (ii) "hazardous wastes," as defined by RCRA; (iii) any hazardous, dangerous or toxic chemical, waste, pollutant, material, element, contaminant or substance ("pollutant") within the meaning of any Environmental Law prohibiting, limited or otherwise regulating the use, exposure, release, emission, discharge, generation, manufacture, sale, transport, handling, storage, treatment, reuse, presence, disposal or recycling of such pollutant; (iv) petroleum crude oil or fraction thereof; (v) any radioactive material, including any source, special nuclear or by-product material as defined in 42 U.S.C. §2011 et seq. and amendments thereto and reauthorizations thereof; (vi) asbestos -containing materials in any form or condition; (vii) polychlorinated biphenyls or polychlorinated biphenyl -containing materials in any form or condition; (viii) a "regulated substance" within the meaning of Subtitle 1 of RCRA, as amended from time to time and regulations promulgated thereunder; (ix) substances the presence of which requires notification, investigation or remediation under any Environmental Laws; (x) urea formaldehyde foam insulation or urea formaldehyde foam insulation -containing materials; (xi) lead -based paint or lead -based paint -containing materials; and (xii) radon or radon -containing or producing materials. Project No. RFP-01296 ACTIVE 48486805v4 3 17 (s) HTG has the meaning set forth in the Recitals to this Lease. (t) HUD means the United States Department of Housing and Urban Development. (u) Improvements means all repairs, betterments, buildings and developments hereafter constructed or rehabilitated on the Land, and any additional parking areas, walkways, landscaping, fencing or other amenities on the Land. (v) Inspector General has the meaning set forth in Section 12.1. (w) Investor means Tenant's equity investor(s) who will be admitted as a member or limited partner (as applicable) of Tenant under the Operating Agreement. (x) IPSIG has the meaning set forth in Section 12.1. (y) Land means that certain real property located in Miami -Dade County, legally described in Exhibit A. together with all easements, rights, privileges, licenses, covenants and other matters that benefit or burden the real property. (z) Landlord shall have the meaning ascribed to such term in the introductory paragraph to this Lease and means Miami -Dade County, a political subdivision of the State of Florida and a "public housing agency" as defined in the Act. (aa) Lease shall have the meaning ascribed to such term in the introductory paragraph to this Lease and means this ground lease as the same shall be amended from time to time. (bb) Lease Date shall have the meaning ascribed to such term in the introductory paragraph to this Lease and means the date on which this Lease is signed by the last of the Landlord or Tenant. (cc) Lease Year means, in the case of the first lease year, the period from the Commencement Date through December 31t of that year; thereafter, each successive twelve - calendar month period following the expiration of the first lease year of the Term; except that in the event of the termination of this Lease on any day other than the last day of a Lease Year then the last Lease Year of the Term shall be the period from the end of the preceding Lease Year to such date of termination. (dd) LIHTC has the meaning set forth in the Recitals to this Lease. (ee) Operating Agreement means the Amended and Restated Operating Agreement or Limited Partnership Agreement (as applicable) of Tenant to be entered into on or about the Commencement Date and pursuant to which the Investor will be admitted as a member or limited partner of the Tenant, (if) Partial Taking has the meaning set forth in Section 6.2(d). (gg) Permitted Encumbrances means such recorded title matters as are disclosed pursuant to the title commitment to be obtained by Tenant pursuant to Section 7,1 and are not identified by Tenant as objectionable matters pursuant to the procedure provided in Section 7.3. Project No. RFP-01296 ACTIVE 48486805v4 4 18 (hh) Permitted Leasehold Mortgage has the meaning set forth in Section 8.9. (ii) Permitted Leasehold Mortgagee has the meaning set forth in Section 8.9. (jj) Personal Property means all fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), fittings, appliances, apparatus, equipment, machinery, chattels, building materials, and other property of every kind and nature whatsoever, and replacements and proceeds thereof, and additions thereto, now or at any time hereafter owned by Tenant, or in which Tenant has or shall have an interest, now or at any time hereafter affixed to, attached to, appurtenant to, located or placed upon, or used in any way in connection with the present and future complete and comfortable use, enjoyment or occupancy for operation and maintenance of the Premises, excepting any personal property or fixtures owned by any tenant (other than the Tenant) occupying the Premises and used by such tenant for residential purposes or in the conduct of its business in the space occupied by it to the extent the same does not become the property of Tenant under the lease with such tenant or pursuant to applicable law. (kk) Plans and Specifications means the plans and specifications for the Improvements to be constructed (or rehabilitated) on the Land by Tenant. (Il) Premises means the Land, the Improvements and the Personal Property. (mm) Project means the development of the Improvements on the Land in accordance with the Plans and Specifications. (nn) Project -Based Voucher (PBV) program means a component of a public housing agency's (PHA's) Housing Choice Voucher (HCV) program or the PHA's PBVs allocated through the RAD Program. (oo) Public Housing Units means 136 units on the Premises regulated as public housing units in accordance with the Operating Agreement, all of which will be converted to RAD Units and Project -Based Voucher Units, under RAD 75/25 Section 18 "demo/dispo" Blend, contingent on HUD approval. (pp) Qualified Assignee shall mean any individual, corporation, limited liability company, general or limited partnership, joint venture or other entity that is a registered vendor with the Landlord and is not otherwise prohibited by legislation then in effect from doing business with the Landlord or has not otherwise been issued a Limited Denial or Participation, Suspension or Debarment by any governing local, state or federal agency. (qq) RAD HAP Contract means Housing Assistance Payments Contract(s) for project based vouchers in the form required by RAD Requirements. (rr) RAD Program means HUD's Rental Assistance Demonstration program originally authorized by the Consolidated and Further Continuing Appropriations Act of 2012 (Public Law 112-55), as it may be re -authorized or amended, as further governed by HUD Notice H-2019-09, PIH-2019-23 (HA), Rental Assistance Demonstration Final Implementation -Revision 4, and any subsequent revisions thereto. Project No. RFP-01296 ACTIVE 48486805v4 5 19 (ss) RAD Requirements means all requirements for the RAD Program applicable to Tenant as set forth in the RAD Documents and any other rules or regulations promulgated by HUD for the RAD Program. (tt) RAD Unit means any of the 136 units on the Premises (or elsewhere if pursuant to a "transfer of assistance" approved by Landlord and HUD) to be converted and operated in accordance with RAD Requirements. (uu) Real Estate Taxes has the meaning set forth in Section 3.5. (vv) Regulatory Default has the meaning set forth in Section 8.5. (ww) Rent has the meaning set forth in Section 3.1. (xx) RFP has the meaning set forth in the Recitals to this Lease. (yy) Sublease has the meaning set forth in Section 5.7. (zz) Sublessee means any sublessee to which Tenant subleases a portion of the ground leasehold estate created hereby, or any whole or partial assignee of this Lease through a partial assignment or bifurcation of this Lease, as provided in Section 5.7(b), but excluding any tenant of an individual residential or commercial unit. (aaa) Taking means any taking of the title to, access to, or use of the Premises or any portion thereof by any governmental authority or any conveyance under the threat thereof, for any public, or quasi -public use or purpose. A Taking may be total or partial, permanent or temporary. (bbb) Tenant shall have the meaning ascribed to such term in the introductory paragraph to this Lease and means RAINBOW REDEVELOPMENT, LLC, a Florida limited liability company. (ccc) Term means a period of time commencing with the Lease Date and continuing until the date which is seventy-five (75) Lease Years thereafter or longer as may be required by funding sources such as FHFC and as mutually agreed upon by Landlord and Tenant. (ddd) Total Taking has the meaning set forth in Section 6.2(c). 1.2. Interpretation. The words "hereof," "herein," "hereunder," and other words of similar import refer to this Agreement as a whole and not to any particular Section, subsection or subdivision. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Words importing the singular number shall include the plural and vice versa unless the context shall otherwise indicate. 1.3. Exhibits. Exhibits to this Lease are incorporated by this reference and are to be construed as a part of this Lease. Project No. RFP-01296 ACTIVE 48486805v4 6 20 ARTICLE II PREMISES AND TERM Landlord leases and demises to Tenant and its successors and assigns, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, the Land for the Term unless sooner terminated in accordance with the provisions contained in this Lease. ARTICLE III RENT 3.1. Rent. Tenant covenants and agrees to pay to Landlord as Rent under this Lease the lump sum ground lease payments for either Scenario A or Scenario B (dependent upon which Scenario is actually pursued by Tenant as the Project) as and when set forth under Section A of the Revenue and Income Streams Schedule attached to this Lease as Exhibit B. Rent shall be made payable to the Board of County Commissioners, c/o Public Housing and Community Development, 701 N.W. 1st Court, 16th Floor, Miami, Florida 33136, or at such other place and to such other person as Landlord may from time to time designate in writing, as set forth herein. Prior to the Commencement Date, Tenant is not obligated to pay Rent or any other sums to the Landlord under this Lease. 3.2. Surrender. Upon the expiration of this Lease by the passage of time or otherwise, Tenant will yield, surrender and deliver up possession of the Premises to Landlord. In the event Tenant fails to vacate the Premises and remove such personal property as Tenant is allowed hereunder to remove from the Premises at the end of the Term, or at the earlier termination of this Lease, Landlord shall be deemed Tenant's agent to remove such items from the Premises at Tenant's sole cost and expense. Furthermore, should Tenant fail to vacate the Premises in accordance with the terms of this Lease at the end of the Term, or at the earlier termination of this Lease, the Tenant shall pay to Landlord a charge for each day of occupancy after expiration or termination of the Lease in an amount equal to 150% of Tenant's Rent (applicable during the immediately preceding Lease Year) prorated on a daily basis. Such charge shall be in addition to any actual damages suffered by Landlord due to Tenant's failure to vacate the Premises, for which Tenant shall be fully liable, it being understood and agreed, however, that Tenant shall under no circumstances be liable to Landlord for any incidental, indirect, punitive or consequential damages (including, but not limited to, loss of revenue or anticipated profits). 3.3. Utilities. Commencing as of the Commencement Date, Tenant shall pay or cause to be paid all charges for water, gas, sewer, electricity, light, heat, other energy sources or power, telephone or other service used, rendered or supplied to Tenant in connection with the Premises. 3.4. Other. Commencing as of the Commencement Date, Tenant covenants to pay and discharge, when the same shall become due all other amounts, liabilities, and obligations which Tenant assumes or agrees to pay or discharge pursuant to this Lease, together with every fine, penalty, interest and cost which may be added for nonpayment or late payment thereof (provided that Tenant shall not be liable for any payment or portion thereof which Landlord is obligated to pay and which payment Landlord has failed to make when due); and, in the event of any failure by Tenant to pay or discharge the foregoing, Landlord shall have the right, after ten (10) business Project No. RFP-01296 ACTIVE 48486805v4 7 21 days' notice to Tenant, to make any such payment on behalf of Tenant and charge Tenant therefor. 3.5. Taxes. Tenant understands and agrees that as a result of the Landlord's fee ownership of the Premises, for State law purposes, the Premises may be exempt from any ad valorem taxes. Landlord represents to Tenant that any such exemption should remain in effect notwithstanding that Landlord is entering into this Lease. However, during the Term of this Lease, if, for any reason whatsoever, the Premises become subject to ad valorem taxes or any other real estate taxes, fees, impositions and/or charges become imposed during the Term and any Extensions upon the Premises and the building and/or other improvements constructed on the Premises by Tenant (Real Estate Taxes), then, in such event, from and after the Commencement Date (but not before such date),Tenant shall be required to pay such Real Estate Taxes, prior to delinquency without notice or demand and without set-off, abatement, suspension or deduction. In the event that the folio identification number applicable to the Premises shall also contain other property not specifically included in, or a part of, the Premises, then Tenant shall only be required to pay the portion of such taxes exclusively attributable to the Premises. 3.6. Contested Obligations. If Tenant shall deem itself aggrieved by any Real Estate Taxes or other charges for which it is responsible hereunder and shall elect to contest the payment thereof, Tenant may make such payment under protest or, if postponement of such payment will not jeopardize Landlord's title to the Land, or subject Landlord to the risk of any criminal liability or civil liability or penalty, Tenant may postpone the same provided that it shall secure such payment and the interest and penalties thereon and the costs of the contest on the determination or the proceedings or suit in which such contest may be had, by causing to be delivered to Landlord cash or other security satisfactory to Landlord, or a bond of indemnity of a good and solvent surety company, in form and amount satisfactory to Landlord. Either party paying any Real Estate Taxes or other charges shall be entitled to recover, receive and retain for its own benefit all abatements and refunds of such Real Estate Taxes or other charges, unless it has previously been reimbursed by the other party, in which case an equitable distribution will be made. Tenant agrees to save Landlord harmless from ail costs and expenses incurred on account of Tenant's participation in such proceedings or as a result of Tenant's failure to pay Real Estate Taxes and other related charges with respect to the Premises. Landlord, without obligating itself to incur any costs or expenses in connection with such proceedings, shall cooperate with Tenant by providing such information and executing such applications, documents or filings as requested by Tenant, each with respect to such proceedings so far as reasonably necessary; provided, however, that Tenant acknowledges that the foregoing duty to cooperate will not require the Landlord to take any legal position contrary to the position taken by the Miami -Dade County Property Appraiser or Tax Collector in any such proceeding. Tenant shall not discontinue any abatement proceedings begun by it without first giving the Landlord written notice of its intent to do so and reasonable opportunity to be substituted in such proceedings. Landlord shall promptly furnish to Tenant a copy of any notice of any Real Estate Taxes received by Landlord. 3.7. Control and Liabilities. Landlord acknowledges and agrees that Landlord is and shall be, at all times prior to the Commencement Date, in use, control and occupancy of the Premises and all improvements located thereon. In connection with the foregoing, Landlord further acknowledges and agrees that Landlord is responsible for maintaining, repairing, securing, supervising and managing the Premises, including with respect to any third parties (e.g., tenants) located in the Premises. All debts, obligations and liabilities arising prior to the Commencement Date in the course of business of the Premises or otherwise in connection with the use, occupancy Project No. RFP-01296 ACTIVE 48486805v4 8 22 or operation thereof (including, but not limited to, all such liabilities for utilities, taxes and other costs and expenses related to the Premises; all such liabilities under or with respect to Environmental Laws or claims; all such liabilities under or with respect to any personal injury claims; and any and all obligations related to the operation, maintenance, repair, security, supervision and management of the Premises) are and shall be the obligation of Landlord, and Tenant shall not be liable or otherwise responsible for any such debts, obligations or liabilities or have any duties to the Landlord or any third parties with respect to the use, occupancy or operation of the Premises. ARTICLE IV INDEMNITY, LIENS AND INSURANCE 4.1. Indemnity for Tenant's Acts. Landlord shall continue to operate the Premises until the Commencement Date as provided in Section 3.7 above and Section 5.1(b) below. From and after the Commencement Date, Tenant shall indemnify and hold harmless the Landlord and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the Landlord or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Lease by the Tenant or its employees, agents, servants, members, principals or subcontractors. Tenant shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the Landlord, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon, provided, however, nothing herein contained shall obligate or hold Tenant responsible (a) for any costs, expenses, claims or demands made by any party associated with the Premises relating to acts or omissions occurring prior to the Commencement Date (including, but not limited to, any acts or omissions relating to the operation, maintenance, repair, security, supervision or management of the Premises), or (ii) for any claims stemming from Landlord's and/or its officers', employees' or agents' acts or omissions; it being agreed to by the Landlord and Tenant that Tenant shall have no liability or obligation whatsoever with respect to such acts or omissions. Tenant expressly understands and agrees that any insurance protection required by this Lease or otherwise provided by Tenant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Landlord or its officers, employees, agents and instrumentalities as herein provided. 4.2. Landlord's Environmental Responsibility and Representations. (a) Except to the extent that an environmental condition is aggravated or exacerbated by the negligent or willful acts or omissions of Tenant, its agents or contractors, Tenant shall not be responsible under this Lease for any claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement action of any kind, and all costs and expenses incurred in connection therewith arising out of: (i) the presence of any Hazardous Substances in, on, over, or upon the Premises first affecting the Premises as of or prior to the Commencement Date, whether now known or unknown; or (ii) the failure of Landlord or its agents or contractors prior to the Commencement Date to comply with any Environmental Laws relating to the handling, treatment, presence, removal, storage, decontamination, cleanup, transportation or disposal of Hazardous Project No. RFP-01296 ACTIVE 48486805v4 9 23 Substances into, on, under or from the Premises at any time, whether or not such failure to comply was known or knowable, discovered or discoverable prior to the Commencement Date. (b) Landlord represents and warrants to Tenant that, as of the date hereof: (i) except as may be referenced in the Environmental Assessments, and to the best of Landlord's actual knowledge, neither the Land nor any part thereof has been used for the disposal of refuse or waste, or for the generation, processing, storage, handling, treatment, transportation or disposal of any Hazardous Substances; (ii) except as may be referenced in the Environmental Assessments, and to the best of Landlord's actual knowledge, no Hazardous Substances have been installed, used, stored, handled or located on or beneath the Land, which Hazardous Substances, if found on or beneath the Land, or improperly disposed of off of the Land, would subject the owner or occupant of the Premises to damages, penalties, liabilities or an obligation to perform any work, cleanup, removal, repair, construction, alteration, demolition, renovation or installation in or in connection with the Premises (collectively, Environmental Cleanup Work) in order to comply with any Environmental Laws; (iii) except as may be referenced in the Environmental Assessments, and to the best of Landlord's actual knowledge, no notice from any governmental authority or any person has ever been served upon Landlord, its agents or employees, claiming any violation of any Environmental Law or any liability thereunder, or requiring or calling any attention to the need for any Environmental Cleanup Work on or in connection with the Premises, and neither Landlord, its agents or employees has ever been informed of any threatened or proposed serving of any such notice of violation or corrective work order; and (iv) except as may be referenced in the Environmental Assessments, and to the best of Landlord's knowledge, no part of the Land is affected by any Hazardous Substances contamination, which for purposes hereof, shall mean: (i) the contamination of any improvements, facilities, soil, subsurface strata, ground water, ambient air, biota or other elements on or of the Land by Hazardous Substances, or (ii) the contamination of the buildings, facilities, soil, subsurface strata, ground water, ambient air, biota or other elements on, or of, any other property as a result of Hazardous Substances emanating from the Land. 4.3. Liens. (a) Tenant agrees that it will not permit any mechanic's, materialmen's or other liens to stand against the Premises for work or materials furnished to Tenant it being provided, however, that Tenant shall have the right to contest the validity thereof. Tenant shall not have any right, authority or power to bind Landlord, the Premises or any other interest of the Landlord in the Premises and will pay or cause to be paid all costs and charges for work done by it or caused to be done by it, in or to the Premises, for any claim for labor or material or for any other charge or expense, lien or security interest incurred in connection with Tenant's development, construction or operation of the Improvements or any change, alteration or addition thereto made by or on behalf of Tenant. IN THE EVENT THAT ANY MECHANIC'S LIEN SHALL BE FILED, TENANT SHALL EITHER (A) PROCURE THE RELEASE OR DISCHARGE THEREOF WITHIN NINETY (90) DAYS EITHER BY PAYMENT OR IN SUCH OTHER MANNER AS MAY BE Project No. RFP-01296 ACTIVE 48486805v4 10 24 PRESCRIBED BY LAW OR (B) TRANSFER SUCH LIEN TO BOND WITHIN NINETY (90) DAYS FOLLOWING THE FILING THEREOF. NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO THE TENANT OR TO ANYONE HOLDING ANY OF THE PREMISES THROUGH OR UNDER THE TENANT, AND THAT NO MECHANICS' OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF THE LANDLORD IN AND TO ANY OF THE PREMISES. THE LANDLORD SHALL BE PERMITTED TO POST ANY NOTICES ON THE PREMISES REGARDING SUCH NON -LIABILITY OF THE LANDLORD. (b) Tenant shall make, or cause to be made, prompt payment of all monies due and legally owing to all persons, firms, and corporations doing any work, furnishing any materials or supplies or renting any equipment to Tenant or any of its contractors or subcontractors in connection with the construction, reconstruction, furnishing, repair, maintenance or operation of the Premises, and in all events will bond or cause to be bonded, with surety companies reasonably satisfactory to Landlord, or pay or cause to be paid in full forthwith, any mechanic's, materialmen's or other lien or encumbrance that arises, due to the actions of Tenant or any person acting on behalf of or under the control of Tenant, against the Premises. (c) Tenant shall have the right to contest any such lien or encumbrance by appropriate proceedings which shall prevent the collection of or other realization upon such lien or encumbrance so contested, and the sale, forfeiture or loss of the Premises to satisfy the same; provided that such contest shall not subject Landlord to the risk of any criminal liability or civil penalty, and provided further that Tenant shall give reasonable security to insure payment of such lien or encumbrance and to prevent any sale or forfeiture of the Premises by reason of such nonpayment, and Tenant shall indemnify Landlord for any such liability or penalty. Upon the termination after final appeal of any proceeding relating to any amount contested by Tenant pursuant to this Section 4.3, Tenant shall pay within a prescribed time any amount determined in such proceeding to be due, and in the event Tenant fails to make such payment, Landlord shall have the right after ten (10) business days' notice to Tenant to make any such payment on behalf of Tenant and charge Tenant therefor. (d) Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, expressed or implied, to or for the performance of any labor or services or the furnishing of any materials for construction, alteration, addition, repair or demolition of or to the Premises or of any part thereof. 4.4. Insurance Requirements. Beginning on the Commencement Date and continuing until the expiration or earlier termination of the Term, Tenant shall at all times obtain and maintain, or cause to be maintained, insurance for Tenant and the Premises as described in Exhibit C, or as otherwise approved in writing by Landlord. ARTICLE V USE OF PREMISES; COVENANTS RUNNING WITH THE LAND 5.1. Use; Covenants. (a) In accordance with and subject to the terms and conditions of this Lease, Tenant and Landlord agree that Tenant shall construct or rehabilitate multifamily residential housing for Project No. RFP 01296 ACTIVE 48486805v4 11 25 low-income, family, elderly, disabled, special needs or other population and uses on the Land after HUD's approval of Landlord's Applicable Public Housing Requirements and/or RAD Requirements (if and as applicable to the housing in question). (b) Tenant understands that a financing plan must be submitted to HUD by September 30, 2020. In the event such financial plan is not submitted to HUD by the before -mentioned date, may be grounds for termination of this Lease. (c) Tenant covenants, promises, and agrees that commencing on the Commencement Date, during the Term of this Lease, it will operate the Premises and all elements thereof as mixed -used, mixed -income residential housing in compliance with the RAD Requirements, inclusive of a co -management agreement with the Landlord which will be negotiated as part of the Master Development Agreement and shall reflect appropriate allocation of fees and other compensation commensurate with the co -management duties to be performed, for so long as they are applicable (Permitted Use). Without limiting the generality of the foregoing sentence, or the duration of the use restrictions applicable during the Term, Tenant covenants, promises and agrees that: (i) It will (a) enter into the RAD HAP Contract when the same is presented by Landlord; (b) apply to Landlord for renewal of the RAD HAP Contract not later than ninety (90) days prior to the expiration of the RAD HAP Contract or any extension thereof, and (c) accept renewal of the RAD HAP Contract; and failure to do so will be considered a default under this Lease; (ii) During the Term, Tenant will operate and maintain the RAD Units in accordance with the requirements of the RAD Program for so long as the RAD Use Agreement and RAD HAP Contract so require, except to the extent that any requirement may be specifically waived in writing by Landlord and/or HUD, as appropriate; and (iii) Neither the Improvements, nor any part thereof, may be demolished other than (1) in accordance with the RAD Requirements and with prior written approval of Landlord or (2) as part of a restoration from a casualty. Notwithstanding the foregoing, prior to the Commencement Date, the Tenant agrees that Landlord shall have a continued right of entry onto the Premises for the purposes of the Landlord's continued operation of the Improvements and maintenance of the Premises during the period prior to the Commencement Date. Landlord shall, during this period, continue to operate the Improvements in the manner in which Landlord has operated them prior to the Lease Date and shall be responsible for all aspects of maintaining, leasing, operating, insuring and administering the Premises, as provided in Section 3.7 above. If, prior to the Commencement Date, the Premises is destroyed or damaged, or becomes subject to a taking by virtue of eminent domain, to any extent whatsoever, Tenant may, in its sole discretion, terminate this Lease by written notice to the Landlord, whereupon neither party hereto shall have any further rights or obligations hereunder. (d) The provisions of the Applicable Public Housing Requirements and RAD Requirements (if and as applicable), and this Section 5.1, are intended to create a covenant running with the land and, subject to the terms and benefits of the Applicable Public Housing Requirements and RAD Requirements (if and as applicable), to encumber and benefit the Premises and to bind for the Term Landlord and Tenant and each of their successors and assigns Project No. RFP-01296 ACTIVE 48486805v4 12 26 and all subsequent owners of the Premises, including, without limitation, any entity which succeeds to Tenant's interest in the Premises by foreclosure of any Permitted Leasehold Mortgage or instrument in lieu of foreclosure. (e) In the event of a conflict between the Applicable Public Housing Requirements, RAD Requirements and this Lease, the Applicable Public Housing Requirements and RAD Requirements (if and as applicable) shall govern. 5.2. Residential Improvements. (a) From and after the Commencement Date, Tenant shall construct the Improvements on the Land in conformance with the Plans and Specifications. Tenant shall cause the Improvements to be substantially completed and placed in service in accordance with the Governing Documents. Tenant shall construct the Improvements and make such other repairs, renovations and betterments to the Improvements as it may desire (provided that such renovations and betterments do not reduce the number of units or bedroom count at the Premises) all at its sole cost and expense, in accordance with (i) the Governing Documents and (ii) any mortgage encumbering the Tenant's leasehold estate, in a good and workmanlike manner, and in conformity with all applicable federal, state, and local laws, ordinances and regulations. Tenant shall apply for, prosecute, with reasonable diligence, procure or cause to be procured, all necessary approvals, permits, licenses or other authorizations required by applicable governmental authorities having jurisdiction over the Improvements for the construction and/or rehabilitation, development, zoning, use and occupation of the Improvements, including, without limitation, the laying out, installation, maintenance and replacing of the heating, ventilating, air conditioning, mechanical, electrical, elevator, and plumbing systems, fixtures, wires, pipes, conduits, equipment and appliances and water, gas, electric, telephone, drain and other utilities that are customary in developments of this type for use in supplying any such service to and upon the Premises. Landlord shall, without expense to Landlord absent consent therefor, cooperate with Tenant and assist Tenant in obtaining all required licenses, permits, authorizations and the like, and shall sign all papers and documents at any time needed in connection therewith, including without limitation, such instruments as may be required for the laying out, maintaining, repairing, replacing and using of such services or utilities. Any and all buildings, fixtures, improvements, trade fixtures and equipment placed in, on, or upon the Premises shall remain the sole and exclusive property of Tenant and its subtenants, notwithstanding their affixation to, annexation to, or incorporation into the Premises, until the termination of this Lease, at which time title to any such buildings, fixtures, Improvements trade fixtures and equipment that belong to Tenant shall vest in Landlord. (b) Tenant shall take no action to effectuate any material amendments, modifications or any other alterations to the Project proposals and applications, Plans and Specifications, or to increase the total number of Public Housing and/or RAD Units and/or other units, and/or other uses on the Land, unless authorized in accordance with the Governing Documents or otherwise approved by Landlord in writing and in advance. 5.3. Tenant's Obligations. (a) From and after the Commencement Date, Tenant shall, at its sole cost and expense, maintain the Premises, reasonable wear and tear excepted, and make repairs, restorations, and replacements to the Improvements, including without limitation the landscaping, irrigation, heating, ventilating, air conditioning, mechanical, electrical, elevator, and plumbing Project No. RFP-01296 ACTIVE 48486805v4 13 27 systems; structural roof, walls, floors and foundations; and the fixtures and appurtenances as and when needed to preserve them in good working order and condition, and regardless of whether the repairs, restorations, and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital or non -capital, or the fault or not the fault of Tenant, its agents, employees, invitees, visitors, and contractors. All such repairs, restorations, and replacements will be in quality and class, as elected by Tenant, either equal to or better than the original work or installations and shall be in accordance with all applicable building codes; provided, however, nothing herein contained shall obligate or hold Tenant responsible for any repairs, restorations, or replacements to the Improvements required as a result of an event, act or omission that occurred or existed prior to the Commencement Date. (b) Tenant may make any alterations, improvements, or additions to the Premises as Tenant may desire, if the alteration, improvement, or addition will not change the Permitted Use of the Premises. Tenant shall, prior to commencing any such actions, give notice to Landlord and provide Landlord with complete plans and specifications therefor. 5.4. Compliance with Law. (a) From and after the Commencement Date, Tenant shall, at its expense, perform all its activities on the Premises in compliance, and shall cause all occupants of any portion thereof to comply, with all applicable laws (including, but not limited to, Section 255.05, Florida Statutes, Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 and 24 C.F.R. Parts 8 and 9, which prohibit discrimination against persons with disabilities in any program or activity receiving Federal Financial assistance, 24 C.F.R. § 40.4, which establishes the Uniform Federal Accessibility Standards (UFAS) as the standard design, construction, or alteration of residential structures, the Americans with Disabilities Act, and applicable Fair Housing laws and ordinances), ordinances, codes and regulations affecting the Premises or its uses, as the same may be administered by authorized governmental officials. (b) Without limitation of the foregoing, but expressly subject to the provisions of Section 5.4, Tenant agrees to fulfill the responsibilities set forth below with respect to environmental matters: (i) From and after the Commencement Date, Tenant shall operate the Premises in compliance with all Environmental Laws applicable to Tenant relative to the Premises and shall identify, secure and maintain all required governmental permits and licenses as may be necessary for the Premises. All required governmental permits and licenses issued to Tenant and associated with the Premises shall remain in effect or shall be renewed in a timely manner, and Tenant shall comply therewith and cause all third parties to comply therewith. All Hazardous Substances present, handled, generated or used on the Premises will be managed, transported and disposed of in a lawful manner. Tenant shall exercise due care and not cause or allow on or upon the Premises, or as may affect the Premises, any act which may result in the discharge of any waste or hazardous materials in violation of Environmental Laws, or otherwise damage or cause the depreciation in value to the Premises, or any part thereof due to the release of any waste or hazardous materials on or about the Premises in violation of Environmental Laws. Tenant shall not knowingly permit the Premises or any portion thereof to be a site for the use, generation, treatment, manufacture, Project No. RFP-01296 ACTIVE 48486805v4 14 28 storage, disposal or transportation of Hazardous Substances, except in such amounts as are ordinarily used, stored or generated in similar projects, or otherwise knowingly permit the presence of Hazardous Substances in, an or under the Premises in violation of any applicable law. (li) Tenant shall promptly provide Landlord with copies of all forms, notices and other information concerning any releases, spills or other incidents relating to Hazardous Substances or any violations of Environmental Laws at or relating to the Premises upon discovery of such releases, spills or incidents, when received by Tenant from any government agency or other third party, or when and as supplied to any government agency or other third party. Additionally, Tenant hereby agrees to promptly notify Landlord, in writing, should an accident or incident occur in which any waste and/or hazardous materials are released or otherwise discharged on or about the Premises. 5.5. Ownership of Improvements/Surrender of Premises. From and after the Commencement Date through the end of the Term, Tenant shall be deemed to exclusively own the Improvements and the Personal Property for federal tax purposes, and Tenant alone shall be entitled to all of the tax attributes of ownership thereof, including, without limitation, the right to claim depreciation or cost recovery deductions and the right to claim the low-income housing tax credit described in Section 42 of the Internal Revenue Code, with respect to the Improvements and the Personal Property, and Tenant shall have the right to amortize capital costs and to claim any other federal tax benefits attributable to the Improvements and the Personal Property. Subject to the rights of any Permitted Leasehold Mortgagee, at the expiration or earlier termination of the Term of this Lease or any portion thereof, Tenant shall peaceably leave, quit and surrender the Premises, and the Improvements thereon (or the portion thereof so terminated), subject to the rights of tenants in possession of residential units under leases with Tenant. Upon such expiration or termination, the Premises (or portion thereof so terminated) shall become the sole property of Landlord, at no cost to Landlord, and shall be free of all liens and encumbrances and in the condition set forth in Section 5.3 (consistent with prudent and appropriate property management and maintenance during the Term) and, in the event of a casualty, to the provisions of Article VI. Tenant acknowledges and agrees that upon the expiration or sooner termination of this Lease any and all rights and interests it may have either at law or in equity to the Premises shall immediately cease. 5.6. Easements. Landlord agrees that Landlord shall not unreasonably withhold, condition or delay its consent, and shall join with Tenant from time to time during the Term in the granting of easements affecting the Premises which are for the purpose of providing utility services for the Premises, in accordance with an approved development or redevelopment plan, which easements, shall require the approval of the Board. If any monetary consideration is received by Tenant as a result of the granting of any such easement, such consideration shall be paid to Landlord. As a condition precedent to the exercise by Tenant of any of the powers granted to Tenant in this Section, Tenant shall give notice to Landlord of the action to be taken, shall certify to Landlord, that in Tenant's opinion such action will not adversely affect either the market value of the Premises or the use of the Premises for the Development. Project No. RFP-01296 ACTIVE 48486805v4 15 29 5.7. Transfer; Conveyance; Assignment. (a) Except as otherwise permitted hereunder, Tenant agrees for itself and its successors and assigns in interest hereunder that it will not (1) assign this Lease or any of its rights under this Lease as to all or any portion of the Premises generally, or (2) make or permit any voluntary or involuntary total or partial sale, lease, assignment, conveyance, mortgage, pledge, encumbrance or other transfer of any or all of the Premises, or the Improvements, or the occupancy and use thereof, other than in accordance with the Applicable Public Housing Requirements and RAD Requirements (if and as applicable) and this Lease (including, but not limited to (i) any sale at foreclosure or by the execution of any judgment of any or all of Tenant's rights hereunder, or (ii) any transfer by operation of law), without first obtaining Landlord's express written consent thereto, which shall not be unreasonably withheld, conditioned or delayed. (b) Tenant shall have the right to sublease any part of the Premises or to partially assign this Lease with respect to any part of the Premises (in either case, referred to herein as a Sublease) to an entity that is a Qualified Assignee, subject to the approval and consent of Landlord, which will not be unreasonably withheld, conditioned or delayed. The sublease agreement shall be in the form attached hereto and made part hereof as Exhibit D to this Lease. No Sublease shall relieve Tenant of any obligations under the terms of this Lease unless a release is granted by Landlord with respect to the portion of the Premises so subleased or assigned. Additionally, each Sublease must be for a use compatible with the Permitted Use. Tenant must give written notice to Landlord specifying the name and address of any Sublessee to which all notices required by this Lease shall be sent, and a copy of the Sublease. Tenant shall provide Landlord with copies of all Subleases entered into by Tenant. Landlord agrees to grant non - disturbance agreements for any Sublessee which will provide that in the event of a termination of this Lease due to an Event of Default committed by the Tenant, such Sublessee will not be disturbed and will be allowed to continue peacefully in possession directly under this Lease as the successor tenant, provided that the Sublessee shall be in compliance with the terms and conditions of its Sublease; and the Sublessee shall agree to attorn to Landlord. Landlord further agrees that it will grant such assurances to such Sublessee so long as it remains in compliance with the terms of its Sublease, and provided further that any such Sublease does not extend beyond the expiration of the Term of this Lease. (c) Upon the request of Tenant, Landlord and Tenant agree to modify this Lease so as to create a direct lease between Landlord and the Sublessee, for the subleased or assigned portion of the Premises. Upon such request, Landlord and Tenant will enter into (i) a bifurcation agreement to be negotiated between Tenant and Landlord at a later date pursuant to which this Lease shall be (x) bifurcated into two (2) leases, (y) terminated with respect to the bifurcated portion of the Premises, and (z) amended to equitable and proportionately adjust Rent and the other economic terms of this Lease to reflect the termination of this Lease with respect to such bifurcated portion of the Premises, and (ii) a new lease in the same form as this Lease with respect to the bifurcated portion of the Premises (with Rent and the other economic terms of this Lease equitably adjusted to reflect the lease of such bifurcated portion of the Premises only). In the event of a bifurcation of this Lease hereunder, this Lease and the bifurcated lease shall be separate and independent leases that are not cross -defaulted, and Tenant shall have no further obligations with respect to the bifurcated portion of the Premises, anything herein to the contrary notwithstanding. Project No. RFP-01296 ACTIVE 48486805v4 16 30 5.8. Creatinq Sustainable Buildings. (a) Tenant shall design the Development to be consistent with a Silver certification rating from the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) or National Green Building Standards (NGBS), but shall not be required to obtain a Silver certification rating from LEED or NGBS relative to the Development. Alternatively, standards equivalent to the LEED or NGBS, as adopted by the City of Miami, may apply in satisfaction of the foregoing, including but not limited to those administered by the Florida Housing Finance Corporation. Though Tenants goal is to obtain a certification rating in accordance with this provision, if Tenant does not obtain such certification rating, provided it has used its commercially reasonable efforts to do so, Tenant shall not be in default under this Lease and Landlord shall have no right to enforce the terms of this Section 5.8 or exercise any remedies relative to such absence of a certification rating. (b) The LEED Silver certification or designation relative to the Development is outlined by the U.S. Green Building Council. Tenant agrees to regularly provide Landlord with copies of any and all records and/or reports (including but not limited to any approvals, rejections and/or comments) from the neutral and independent third -party reviewing the Development relative to the LEED Silver designation from the U.S. Green Building Council or certification from the NGBS or, alternatively, with respect to the standards equivalent to the LEED or NGBS adopted by the City of Miami (if applicable). As noted earlier in this Section 5.8, the Development may not necessarily be constructed in a manner so as to achieve a Silver certification rating from LEED or certification from NGBS or meeting the alternative standards described above. (c) Further, the LEED Silver certification or designation or NGBS certification or alternative standards adopted by the City of Miami is a description or label designed to establish the level of energy efficiency and sustainability for the Improvements in the overall Development; and should substantially improve the "normal" or "regular" energy efficiency and indoor air quality for the overall Development. Beyond these environmentally responsible steps, Tenant specifically agrees to consider additional steps or means to improve and/or protect the environment with regard to the Development, and to inform Landlord of any and all such additional methods or ways that Tenant will utilize "green building standards" in the design and construction of the overall Development in an effort to achieve the important goals of creating a healthy place to work as well as an environmentally responsible development in the community. Tenant's decision whether to incorporate or adopt any such additional steps or means shall be made in Tenant's sole and absolute discretion. ARTICLE VI CASUALTY AND TAKING 6.1. Casualty. In the event the Premises should be destroyed or damaged by fire, windstorm, or other casualty to the extent that the Premises is rendered unfit for the intended purpose of Tenant, Tenant may cancel this Lease after thirty (30) days' notice to Landlord, but only after removing any trash and/or debris therefrom, subject to the terms and provisions of any Permitted Leasehold Mortgage. If the Premises is partially damaged due to any other reason than the causes described immediately above, but the Premises is not rendered unusable for Tenant's purposes, subject to the terms and provisions of any Permitted Leasehold Mortgage, the same shall be repaired by Tenant to the extent Tenant receives sufficient proceeds to complete such Project No. RFP-01296 ACTIVE 48486805v4 17 31 repairs from its insurance carrier under its insurance policy. Any such repairs will be completed within a reasonable time after receipt of such proceeds. If the damage to the Premises shall be so extensive as to render it unusable for Tenant's purposes but shall nonetheless be capable of being repaired within One Hundred Twenty (120) days, subject to the terms and provisions of any Permitted Leasehold Mortgagee, the damage shall be repaired with due diligence by Tenant to the extent Tenant receives sufficient proceeds under its insurance policy to complete such repairs. In the event that a nearby structure(s) or improvement(s) is damaged or destroyed due to Tenant's negligence, Tenant shall be solely liable and responsible to repair and/or compensate the owner for such damage or loss. Notwithstanding anything contained in this Section 6.1, or otherwise in this Lease to the contrary, as long as the Tenant's leasehold interest is encumbered by any Permitted Leasehold Mortgage, this Lease shall not be terminated by Landlord or Tenant without the prior written consent of the Permitted Leasehold Mortgagee in the event that the Premises is partially or totally destroyed, and, in the event of such partial or total destruction, all insurance proceeds from casualty insurance as provided herein shall be paid to and held by the Permitted Leasehold Mortgagee, or an insurance trustee selected by the Permitted Leasehold Mortgagee, to be used for the purpose of restoration or repair of the Premises, subject to the terms of the Permitted Leasehold Mortgage or other loan documents between Tenant and the Permitted Leasehold Mortgagee. Permitted Leasehold Mortgagee shall have the right to participate in adjustment of losses as to casualty insurance proceeds and any settlement discussion relating to casualty or condemnation. 6.2. Takinq. (a) Notice of Takinq. Upon receipt by either Landlord or Tenant of any notice of Taking, or the institution of any proceedings for Taking the Premises, or any portion thereof, the party receiving such notice shall promptly give notice thereof to the other, and such other party may also appear in such proceeding and may be represented by an attorney. (b) Award. Subject to the rights of the Permitted Leasehold Mortgagees, the Landlord and the Tenant agree that, in the event of a Taking that does not result in the termination of this Lease pursuant to Section 6.2(c) or 6.2(d), this Lease shall continue in effect as to the remainder of the Premises, and the net amounts owed or paid to the Landlord or pursuant to any agreement with any condemning authority which has been made in settlement of any proceeding relating to a Taking, less any costs and expenses incurred by the Landlord in collecting such award or payment (the Award) will be disbursed in accordance with Section 6.2(c) or 6.2(d) (as the case may be) to the Landlord and/or Tenant. The Tenant and, to the extent permitted by law, any Permitted Leasehold Mortgagee, shall have the right to participate in negotiations of and to approve any such settlement with a condemning authority (which approval shall not be unreasonably withheld). (c) Total Takinq. In the event of a permanent Taking of the fee simple interest or title of the Premises, or control of the entire leasehold estate hereunder (a Total Taking), this Lease shall thereupon terminate as of the effective date of such Total Taking, without liability or further recourse to the parties, provided that each party shall remain liable for any obligations required to be performed prior to the effective date of such termination and for any other obligations under this Lease which are expressly intended to survive termination. The Taking of any portion of the Improvements, fifteen percent (15%) or more of the then existing parking area, the Toss of the rights of ingress and egress as then established or the loss of rights to use the easements Project No. RFP-01296 ACTIVE 48486805v4 18 32 benefitting the Premises, shall be, at Tenant's election, but not exclusively considered, such a substantial taking as would render the use of the Premises not suitable for Tenant's use. Notwithstanding any provision of the Lease or by operation of law that leasehold improvements may be or shall become the property of Landlord at the termination of the Lease, the loss of the building and other improvements paid for by Tenant, the loss of Tenant's leasehold estate and such additional relief as may be provided by law shall be the basis of Tenant's damages against the condemning authority if a separate claim therefore is allowable under applicable law, or the basis of Tenant's damages to a portion of the total award if only one award is made. (d) Partial Taking. In the event of a permanent Taking of less than all of the Premises (a Partial Taking), if Tenant reasonably determines that the continued development, use or occupancy of the remainder of the Premises by Tenant cannot reasonably be made to be economically viable, and structurally sound, then Tenant may terminate this Lease, and the Tenant's portion of the Award shall be paid to Tenant, provided that any and all obligations of Tenant have been fully and completely complied with by Tenant as of the date of said Partial Taking. If Tenant shall not elect to terminate this Lease, Tenant shall be entitled to a reduction of Rent of such amount as shall be just and equitable. Subject to the rights of the Permitted Leasehold Mortgagees, if there is a Partial Taking and the Tenant does not terminate this Lease, the Tenant shall be entitled to receive and retain an equitable portion of the Award and shall apply such portion of the Award necessary to repair or restore the Premises or the Improvements as nearly as possible to the condition the Premises or the Improvements were in immediately prior to such Partial Taking. Subject to the rights of the Permitted Leasehold Mortgagees, if there is a Partial Taking which affects the use of the Premises after the Term hereof, the Award shall be apportioned between the Tenant and the Landlord based on the ratio of the remaining Term hereof and the remaining expected useful life of the Premises following the Term hereof. Subject to the rights of the Permitted Leasehold Mortgagees, notwithstanding any provision herein to the contrary, the Landlord shall be entitled to receive and retain any portion of the Award apportioned to the land upon which the Improvements are located. Should such award be insufficient to accomplish the restoration, such additional costs shall be paid by Tenant. Notwithstanding any provision of this Lease or by operation of law that leasehold improvements may be or shall become the property of Landlord at the termination of the Lease, the loss of any building and other Improvements paid for by Tenant and such additional relief as may be provided by law shall be the basis of Tenant's damages against the condemning authority if a separate claim therefore is allowable under applicable law, or the basis of Tenant's damages to a portion of the total award if only one award is made. (e) Resolution of Disagreements. Should Landlord and Tenant be unable to agree as to the division of any singular award or the amount of any reduction of Rent and other charges payable by Tenant under the Lease, such dispute shall be submitted for resolution to the court exercising jurisdiction of the condemnation proceedings, each party bearing its respective costs for such determination. Landlord shall not agree to any settlement in lieu of condemnation with the condemning authority without Tenant's consent. (f) No Existing Condemnation. Landlord represents and warrants that as of the Lease Date and Commencement Date it has no actual or constructive knowledge of any proposed condemnation of any part of the Premises. In the event that subsequent to the Lease Date, but prior to the Commencement Date, a total or partial condemnation either permanent or temporary, is proposed by any competent authority, Tenant shall be under no obligation to commence or continue construction of the Improvements and Rent and other charges, if any, payable by Tenant Project No. RFP-01296 ACTIVE 48486805v4 19 33 under the Lease shall abate until such time as it can be reasonably ascertained that the Premises shall not be so affected. In the event the Premises is so affected, Tenant shall be entitled to all rights, damages and awards pursuant to the appropriate provisions of this Lease. 6.3. Termination upon Non -Restoration. Following a Partial Taking, if a decision is made pursuant to this Article VI that the remaining portion of the Premises is not to be restored, and Tenant shall have determined that the continued development, use or occupancy of the remainder of the Premises by Tenant cannot be made economically viable or structurally sound, Tenant shall surrender the entire remaining portion of the Premises to Landlord and this Lease shall thereupon be terminated without liability or further recourse to the parties hereto, provided that any Rent, impositions and other amounts payable or obligations hereunder owed by Tenant to Landlord as of the date of the Partial Taking shall be paid in full. ARTICLE VII CONDITION OF PREMISES 7.1. Condition; Title. The Premises are demised and let in an "as is" condition as of the Commencement Date. The Premises are demised and let to Tenant subject to: As -Is. Notwithstanding anything to the contrary contained herein, upon Tenant taking possession of the Premises, Tenant shall be deemed to have accepted the Premises in its "as -is" and "where -is" condition, with any and all faults, and with the understanding that the Landlord has not offered any implied or expressed warranty as to the condition of the Premises and/or as to it being fit for any particular purpose; provided, however, that the foregoing shall not in any way limit, affect, modify or otherwise impact any of Landlord's representations, warranties and/or obligations contained in this Lease. Tenant shall, within thirty (30) days following the Lease Date, obtain a title commitment to insure Tenant's leasehold interest in the Premises. Tenant shall advise Landlord as to any title matters that Tenant deems objectionable and Landlord shall address same in accordance with Section 7.3, below. 7.2. No Encumbrances. Landlord covenants that Landlord has full right and lawful authority to enter into this Lease in accordance with the terms hereof and to grant the estate demised hereby. Landlord represents and warrants that there are no existing mortgages, deeds of trust, easements, liens, security interests, encumbrances and/or restrictions encumbering Landlord's fee interest in the Land other than the Permitted Encumbrances. Landlord's fee interest shall not hereafter be subordinated to, or made subject to, any mortgage, deed of trust, easement, lien, security interest, encumbrance and/or restriction, except for an encumbrance that expressly provides that it is and shall remain subject and subordinate at all times in lien, operation and otherwise to this Lease and to all renewals, modifications, amendments, consolidations and replacements hereof (including new leases entered into pursuant to the terms hereof and extensions). Landlord covenants that it will not encumber or lien the title of the Premises or cause or permit said title to be encumbered or Iiened in any manner whatsoever, and Tenant may reduce or discharge any such encumbrance or lien by payment or otherwise at any time after giving thirty (30) days' written notice thereof to Landlord. Tenant may recover or recoup all costs and expenses thereof from Landlord if the Landlord fails to discharge any such encumbrance within the said thirty (30) day period. Such recovery or recoupment may, in addition to all other remedies, be made by setting off against the amount of Rent payable by Tenant hereunder. Landlord and Tenant agree to work cooperatively together to create such easements and rights Project No. RFP-01296 ACTIVE 48486805v4 20 34 of way as may be necessary or appropriate for the use of the Premises and the development of the Project thereon. 7.3. Landlord's Title and Quiet Eniovment. Landlord represents and warrants that Landlord is seized in fee simple title to the Premises, free and clear and unencumbered, other than as affected by the Permitted Encumbrances. Landlord covenants that, so long as Tenant pays rent and performs the covenants herein contained on its part to be paid and performed, Tenant will have lawful, quiet and peaceful possession and occupancy of the Premises and all other rights and benefits accruing to Tenant under the Lease throughout the Term, without hindrance or molestation by or on the part of Landlord or anyone claiming through Landlord. So long as Tenant is not in default hereunder beyond any notice and grace period applicable thereto, Tenant's possession of the Premises will not be disturbed by Landlord, its successors and assigns. Landlord further represents and warrants that it has good right, full power and lawful authority to enter into this Lease. Tenant shall have the right to order a title insurance commitment for the Premises. In the event the title insurance commitment shall reflect encumbrances or other conditions not acceptable to Tenant (Defects), then Landlord, upon notification of the Defects, shall immediately and diligently proceed to cure same and shall have a reasonable time within which to cure the Defects. if, after the exercise of all reasonable diligence, Landlord is unable to clear the Defects, then Tenant may accept the Defects or Tenant may terminate the Lease and the parties shall be released from further liability hereunder. Notwithstanding Section 7.3 above, Landlord and its agents, upon reasonable prior notice to Tenant, shall have the right to enter the Premises for purposes of reasonable inspections performed during reasonable business hours in order to assure compliance by Tenant with its obligations under this Lease. ARTICLE VIII DEFAULTS AND TERMINATION 8.1. Default. The occurrence of any of the following events shall constitute an event of default (Event of Default) hereunder: (a) if Tenant fails to pay when due any Rent or other impositions due hereunder pursuant to Article III and any such default shall continue for thirty (30) days after the receipt of written notice thereof by Tenant from Landlord (except where such failure is addressed by another event described in this Section 8.1 as to which lesser notice and grace periods are provided); or (b) if Tenant fails in any material respect to observe or perform any covenant, condition, agreement or obligation hereunder not addressed by any other event described in this Section 8.1, and shall fail to cure, correct or remedy such failure within thirty (30) days after the receipt of written notice thereof, unless such failure cannot be cured by the payment of money and cannot with due diligence be cured within a period of thirty (30) days, in which case such failure shall not be deemed to continue if Tenant proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof within a reasonable period of time; provided, however, that for such time as Landlord or its affiliate is the management agent retained by Tenant, Tenant shall not be in default hereunder due to actions or inactions taken by Landlord or its affiliate in its capacity as the management agent, which impede Tenant's ability to cure such default; or Project No. RFP-01296 ACTIVE 48486805v4 21 35 (c) If any representation or warranty of Tenant set forth in this Lease, in any certificate delivered pursuant hereto, or in any notice, certificate, demand, submittal or request delivered to Landlord by Tenant pursuant to this Lease shall prove to be incorrect in any material and adverse respect as of the time when the same shall have been made and the same shall not have been remedied to the reasonable satisfaction of Landlord within thirty (30) days after notice from Landlord; or (d) if Tenant shall be adjudicated bankrupt or be declared insolvent under the Federal Bankruptcy Code or any other federal or state law (as now or hereafter in effect) relating to bankruptcy, insolvency, reorganization, winding -up or adjustment of debts (collectively called Bankruptcy Laws), or if Tenant shall (a) apply for or consent to the appointment of, or the taking of possession by, any receiver, custodian, trustee, United States Trustee or Tenant or liquidator (or other similar official) of Tenant or of any substantial portion of Tenant's property; (b) admit in writing its inability to pay its debts generally as they become due; (c) make a general assignment for the benefit of its creditors; (d) file a petition commencing a voluntary case under or seeking to take advantage of a Bankruptcy Law; or (e) fail to controvert in a timely and appropriate manner, or in writing acquiesce to, any petition commencing an involuntary case against Tenant pursuant to any bankruptcy law; or (e) if an order for relief against Tenant shall be entered in any involuntary case under the Federal Bankruptcy Code or any similar order against Tenant shall be entered pursuant to any other Bankruptcy Law, or if a petition commencing an involuntary case against Tenant or proposing the reorganization of Tenant under the Federal Bankruptcy Code shall be filed in and approved by any court of competent jurisdiction and not be discharged or denied within ninety (90) days after such filing, or if a proceeding or case shall be commenced in any court of competent jurisdiction seeking (a) the liquidation, reorganization, dissolution, winding -up or adjustment of debts of Tenant, (b) the appointment of a receiver, custodian, trustee, United States Trustee or liquidator (or other similar official of Tenant) of any substantial portion of Tenant's property, or (c) any similar relief as to Tenant pursuant to Bankruptcy Law, and any such proceeding or case shall continue undismissed, or any order, judgment or decree approving or ordering any of the foregoing shall be entered and continued unstayed and in effect for ninety (90) days; or (f) Following the Commencement Date, Tenant vacates or abandons the Premises or any substantial part thereof for a period of more than thirty (30) consecutive days (or, if applicable, such longer period as may be permitted in accordance with Section 6.1 or 6.2); or (g) This Lease, the Premises or any part thereof are taken upon execution or by other process of law directed against Tenant, or are taken upon or subjected to any attachment by any creditor of Tenant or claimant against Tenant, and such attachment is not stayed or discharged within ninety (90) days after its levy; or (h) Tenant makes any sale, conveyance, assignment or transfer in violation of this Lease. Notwithstanding anything to the contrary in this Lease, an Event of Default shall not be deemed to have occurred and Tenant shall not be deemed in default under this Lease if HUD fails to pay to Landlord the subsidies contemplated herein or if Landlord fails to pay the subsidies to Tenant pursuant to the RAD HAP Contract, or to meet Landlord's other obligations under this Lease. In the event HUD fails to pay to Landlord the subsidies contemplated herein, then Landlord at its Project No. RFP-01296 ACTIVE 48486805v4 22 36 sole discretion will (i) re -negotiate the terms of this Lease with the Tenant or (ii) use other method for redevelopment of the Premises, subject to the approval of the Board.. 8.2. Remedies for Tenant's Default. Upon or after the occurrence of any Event of Default which is not cured within any applicable cure period, and so long as same remains uncured, Landlord may terminate this Lease by providing not less than thirty (30) days' written notice (which notice may be contemporaneous with any notice provided under Section 8.1) to Tenant, setting forth Tenant's uncured, continuing default and Landlord's intent to exercise its rights to terminate, whereupon this Lease shall terminate on the termination date therein set forth unless Tenant's default has been cured before such termination date. Upon such termination, Tenant's interest in the Premises shall automatically revert to Landlord, Tenant shall promptly quit and surrender the Premises to Landlord, without cost to Landlord, and Landlord may, without demand and further notice, reenter and take possession of the Premises, or any part thereof, and repossess the same as Landlord's former estate by summary proceedings, ejectment or otherwise without being deemed guilty of any manner of trespass and without prejudice to any remedies which Landlord might otherwise have for arrearages of Rent or other impositions hereunder or for a prior breach of the provisions of this Lease. The obligations of Tenant under this Lease which arose prior to termination shall survive such termination. In lieu of termination of the Lease, Landlord may at its sole option and in its sole discretion choose to petition a court of competent jurisdiction for the appointment of a receiver for the purpose of (1) taking any and all remedial measures needed to remediate any conditions that are directly related to Tenant's default and (2) to take other measures to assure any project component or the overall project(s) are operating in a sound management and financial condition meeting the needs and requirements of the households being assisted directly or under the auspices of Landlord. Tenant shall have no responsibility or liability for any remedial measures taken pursuant to this provision by Landlord or any other third party not affiliated with Tenant. 8.3. Termination by Landlord. In addition to the Events of Default described in Section 8.1 above, the occurrence of any of the following shall also give Landlord the right to terminate this Lease by providing not less than thirty (30) days' written notice to Tenant setting forth Landlord's intent to exercise its right to terminate this Lease: (a) Tenant fails to cause the Commencement Date to occur, within eleven (11) months following the Lease Date. (b) Tenant and Landlord fail to obtain final approval by the Board of any amendments to this Lease necessary to achieve the Commencement Date within eleven (11) months following the Lease Date (or such later date as may be mutually agreed to by the parties), which shall be within the Board's sole discretion, except as otherwise provided herein. (c) Institution of proceedings in voluntary bankruptcy by the Tenant. (d) Institution of proceedings in involuntary bankruptcy against the Tenant if such proceedings continue for a period of ninety (90) days or more. (e) Assignment of this Lease by Tenant for the benefit of creditors. (f) A final determination of termination of this Lease in a court of law in favor of the Landlord in litigation instituted by the Tenant against the Landlord, or brought by the Landlord against Tenant. Project No. RFP-01296 ACTIVE 48486805v4 23 37 (g) Tenant's failure to cure, within thirty (30) days following Tenant's receipt of written notice from Landlord, a condition posing a threat to health or safety of the public or patrons (or such longer period if the default is not capable of being cured in such 30 day period). 8.4. Remedies Following Termination. Upon termination of this Lease, Landlord may: (a) retain, at the time of such termination, any Rent or other impositions paid hereunder, without any deduction, offset or recoupment whatsoever; and (b) enforce its rights under any bond outstanding at the time of such termination; and (c) require Tenant to deliver to Landlord, or otherwise effectively transfer to Landlord any and all governmental approvals and permits, and any and all rights of possession, ownership or control Tenant may have in and to, any and all financing arrangements, plans, specifications, and other technical documents or materials related to the Premises. 8.5. Regulatory Default. Notwithstanding anything herein to the contrary, the terms of this Section shall apply to any default declared as a result of any failure by Tenant to comply with the provisions of Section 5.1. Upon a determination by Landlord that Tenant has materially breached or defaulted on any of the obligations under Section 5.1 (a Regulatory Default), Landlord shall notify Tenant of (i) the nature of the Regulatory Default, (ii) the actions required to be taken by Tenant in order to cure the Regulatory Default, and (iii) the time, (a minimum of sixty (60) days or such additional time period as may be reasonable under the circumstances), within which Tenant shall respond with reasonable evidence to Landlord that all such required actions have been taken. (a) If Tenant shall have failed to respond or take the appropriate corrective action with respect to a Regulatory Default to the reasonable satisfaction of Landlord within the applicable time period, then Landlord shall have the right to terminate the Lease or seek other legal or equitable remedies as Landlord determines in its sole discretion; provided, however, that if prior to the end of the applicable time period, Tenant seeks a declaratory judgment or other order from a court having jurisdiction that Tenant shall not have incurred a Regulatory Default, Landlord shall not terminate this Lease during the pendency of such action. (b) In addition to and not in limitation of the foregoing, if Landlord shall determine that a Regulatory Default shall have occurred by reason of a default by Tenant's management agent, and that Tenant shall have failed to respond or take corrective action to the reasonable satisfaction of Landlord within the applicable cure period, then Landlord may require Tenant to take such actions as are necessary in order to terminate the appointment of the management agent pursuant to the terms of its management agreement and to appoint a successor management agent of the Premises. In the event that Tenant fails to timely take such action to terminate the management agent and appoint a successor management agent, then Tenant's failure to act shall constitute a default under this Agreement. 8.6. Performance by Landlord. Except as otherwise expressly set forth herein, if Tenant shall fail to make any payment or perform any act required under this Lease, Landlord may (but need not) after giving not less than thirty (30) days' notice (except in case of emergencies and except where a shorter time period is specified elsewhere in this Lease) to Tenant and without waiving any default or releasing Tenant from any obligations, cure such default for the account of Tenant. Project No. RFP-01296 ACTIVE 48486805v4 24 38 Tenant shall promptly pay Landlord the amount of such charges, costs and expenses as Landlord shall have incurred in curing such default. 8.7. Costs and Damages. Tenant shall be liable to, and shall reimburse, Landlord for any and all actual reasonable expenditures incurred and for any and all actual damages suffered by Landlord in connection with any Event of Default, collection of Rent or other impositions owed under this Lease, the remedying of any default under this Lease or any termination of this Lease, unless such termination is caused by the default of Landlord, including all costs, claims, losses, liabilities, damages and expenses (including without limitation, reasonable attorneys' fees and costs) incurred by Landlord as a result thereof. 8.8. Remedies Cumulative. The absence in this Lease of any enumeration of events of default by Landlord or remedies of either party with respect to money damages or specific performance shall not constitute a waiver by either party of its right to assert any claim or remedy available to it under law or in equity. 8.9. Permitted Leasehold Mortgages. Neither the Tenant nor any permitted successor in interest to the Premises or any part thereof shall, without the prior written consent of the Landlord in each instance, engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Premises, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Premises, except for the Permitted Encumbrances and the leasehold mortgages securing the loans which will be obtained by Tenant for renovation, redevelopment and/or construction of the Improvements and closed on or about the Commencement Date (the Permitted Leasehold Mortgages). With respect to the Permitted Leasehold Mortgages, the following provisions shall apply: (a) When giving notice to the Tenant with respect to any default under the provisions of this Lease, the Landlord will also send a copy of such notice to the holder of each Permitted Leasehold Mortgage (each a Permitted Leasehold Mortgagee), provided that each such Permitted Leasehold Mortgagee shall have delivered to the Landlord in writing a notice naming itself as the holder of a Permitted Leasehold Mortgage and registering the name and post office address to which all notices and other communications to it may be addressed. (b) Each Permitted Leasehold Mortgagee shall be permitted, but not obligated, to cure any default by the Tenant under this Lease within the same period of time specified for the Tenant to cure such default. The Tenant authorizes each Permitted Leasehold Mortgagee to take any such action at such Permitted Leasehold Mortgagee's option and does hereby authorize entry upon the Premises for such purpose. (c) The Landlord agrees to accept payment or performance by any Permitted Leasehold Mortgagee as though the same had been done by the Tenant. (d) In the case of a default by the Tenant other than in the payment of money, and provided that a Permitted Leasehold Mortgagee has commenced to cure the default and is proceeding with due diligence to cure the default, the Landlord will refrain from terminating this Lease for a reasonable period of time (not to exceed 120 days from the date of the notice of default, unless (i) such cure cannot reasonably be completed within 120 days from the date of the notice of default, and (ii) if the default is curable without possession of the Premises, a Permitted Leasehold Mortgagee continues to diligently pursue such cure to the reasonable satisfaction of the Landlord) within which time the Permitted Leasehold Mortgagee may either (x) obtain Project No. RFP-01296 ACTIVE 48486805v4 25 39 possession of the Premises (including possession by receiver); (y) institute foreclosure proceedings and complete such foreclosure; or (z) otherwise acquire the Tenant's interest under this Lease. The Permitted Leasehold Mortgagee shall not be required to continue such possession or continue such foreclosure proceedings if the default which was the subject of the notice shall have been cured. Notwithstanding the foregoing, the Landlord will refrain from terminating this Lease in the event such Permitted Leasehold Mortgagee is enjoined or stayed in such possession or such foreclosure proceedings, and provided that the Permitted Leasehold Mortgagee has delivered to Landlord copies of any and all orders enjoining or staying such action, Landlord will grant such Permitted Leasehold Mortgagee such additional time as is required for such Permitted Leasehold Mortgagee to complete steps to acquire or sell Tenant's leasehold estate and interest in this Lease by foreclosure of its Permitted Leasehold Mortgage or by other appropriate means with due diligence; however, nothing in this Section shall be construed to extend this Lease beyond the Term. (e) Any Permitted Leasehold Mortgagee or other acquirer of Tenant's leasehold estate and interest in this Lease pursuant to foreclosure, an assignment in lieu of foreclosure or other proceedings, any of which are permitted without the Landlord's consent, may, upon acquiring the Tenant's leasehold estate and interest in this Lease, without further consent of the Landlord and without HUD's consent, unless otherwise required by Applicable Public Housing Requirements or RAD Requirements (if and as applicable), sell and assign the leasehold estate and interest in this Lease on such terms and to such persons and organizations as are acceptable to such Permitted Leasehold Mortgagee or acquirer and thereafter be relieved of ail obligations under this Lease, provided such assignee has delivered to the Landlord its written agreement to be bound by all of the provisions of this Lease. Permitted Leasehold Mortgagee, or its nominee or designee, shall also have the right to further assign, sublease or sublet all or any part of the leasehold interest hereunder to a third party without the consent or approval of Landlord. (f) In the event of a termination of this Lease prior to its stated expiration date, the Landlord will enter into a new lease for the Premises with the Permitted Leasehold Mortgagee (or its nominee), for the remainder of the Term, effective as of the date of such termination, at the same Rent payment and subject to the same covenants and agreements, terms, provisions, and limitations herein contained, provided that: (i) The Landlord receives the Permitted Leasehold Mortgagee's written request for such new lease within 30 days from the date of such termination and notice thereof by the Landlord to the Permitted Leasehold Mortgagee (including an itemization of amounts then due and owing to the Landlord under this Lease), and such written request from the Permitted Leasehold Mortgagee to Landlord is accompanied by payment to the Landlord of all amounts then due and owing to Landlord under this Lease, less the net income collected by the Landlord from the Premises subsequent to the date of termination of this Lease and prior to the execution and delivery of the new lease, any excess of such net income over the aforesaid sums and expenses to be applied in payment of the Rent payment thereafter becoming due under the new lease; provided, however, that the Permitted Leasehold Mortgagee shall receive full credit for all capitalized lease and Rent payments previously delivered by the Tenant to the Landlord; (ii) Within t 0 days after the delivery of an accounting therefor by the Landlord, Permitted Leasehold Mortgagee pays any and ail costs and expenses incurred by the Landlord in connection with the execution and delivery of the new lease; Project No. RFP-01296 ACTIVE 48486805v4 26 40 (iii) Upon the execution and delivery of the new lease at the time payment is made in (1) and (2) above, all subleases which thereafter may have been assigned and transferred to the Landlord shall thereupon be assigned and transferred without recourse by the Landlord to the Permitted Leasehold Mortgagee (or its nominee), as the new "Tenant"; and (iv) If a Permitted Leasehold Mortgagee acquires the leasehold estate created hereunder or otherwise acquires possession of the Premises pursuant to available legal remedies, Landlord will look to such holder to perform the obligations of Tenant hereunder only from and after the date of foreclosure or possession and will not hold such holder responsible for the past actions or inactions of the prior Tenant. Permitted Leasehold Mortgagee's liability shall be limited to the value of such Permitted Leasehold Mortgagee's interest in this Lease and in the leasehold estate created thereby. Notwithstanding the foregoing and to the extent permitted by Section 42 of the Internal Revenue Tax Code, any deadline to complete construction of the Improvements set forth in this Lease shall be extended for such period of time as may be reasonably required by the Permitted Leasehold Mortgagee or its nominee to complete construction. ARTICLE IX SOVEREIGNTY AND POLICE POWERS 9.1. County as Sovereign. It is expressly understood that notwithstanding any provision of this Lease and the Landlord's status thereunder: (a) The Landlord retains all of its sovereign prerogatives and rights as a county under Florida laws and shall in no way be estopped from withholding or refusing to issue any approvals of applications for tax exemption, building, zoning, planning or development under present or future laws and regulations of whatever nature applicable to the planning, design, construction and development of the Premises or the operation thereof, or be liable for the same; and (b) The Landlord shall not by virtue of this Lease be obligated to grant the Tenant any approvals of applications for tax emption, building, zoning, planning or development under present or future laws and ordinances of whatever nature applicable to the planning, design, construction, development and/or operation of the Premises. 9.2. No Liability for Exercise of Police Power. Notwithstanding and prevailing over any contrary provision in this Lease, or any Landlord covenant or obligation that may be contained in this Lease, or any implied or perceived duty or obligation including but not limited to the following: (a) To cooperate with, or provide good faith, diligent, reasonable or other similar efforts to assist the Tenant, regardless of the purpose required for such cooperation; (b) To execute documents or give approvals, regardless of the purpose required for such execution or approvals; (c) To apply for or assist the Tenant in applying for any county, city or third party permit or needed approval; or Project No. RFP-01296 ACTIVE 48486805v4 27 41 (d) To contest, defend against, or assist the Tenant in contesting or defending against any challenge of any nature; shall not bind the Board of County Commissioners, the Planning and Zoning Department, DERM, the Property Appraiser or any other county, city, federal or state department or authority, committee or agency to grant or leave in effect any tax exemptions, zoning changes, variances, permits, waivers, contract amendments, or any other approvals that may be granted, withheld or revoked in the discretion of the Landlord or any other applicable governmental agencies in the exercise of its police power; and the Landlord shall be released and held harmless, by the Tenant from and against any liability, responsibility, claims, consequential or other damages, or losses to the Tenant or to any third parties resulting from denial, withholding or revocation (in whole or in part) of any zoning or other changes, variances, permits, waivers, amendments, or approvals of any kind or nature whatsoever. Without limiting the foregoing, the parties recognize that the approval of any building permit and/or certificate of occupancy or tax exemption by Landlord in its capacity as a governmental authority will require the Landlord to exercise its quasi-judicial or police powers. Notwithstanding any other provision of this Lease, the Landlord, in its capacity as a governmental authority exercising police powers, shall have no obligation to approve, in whole or in part, any application for any type of tax exemption, permit, license, zoning or any other type of matter requiring government approval or waiver. The Landlord's obligation to use reasonable good faith efforts in the permitting of the use of County -owned property shall not extend to any exercise of quasi-judicial or police powers, and shall be limited solely to the contractual obligations of Landlord in its capacity as the fee owner of the Land and contract party to this Lease or ministerial actions, including the timely acceptance and processing of any requests or inquiries by Tenant as authorized by this Lease. Moreover, in no event shall a failure of the Landlord to adopt any of the Tenant's request or application for any type of permit, license, zoning or any other type of matter requiring government approval or waiver in the exercise of police powers be construed a breach or default of this Lease. 9.3. Support For Entitlements. Notwithstanding anything contained in this Article IX to the contrary, recognizing the public and private benefits afforded by the Project, Landlord agrees, as the fee simple owner of the Land, to cooperate with Tenant in obtaining the Entitlements, provided that Tenant shall be solely responsible for all costs incurred in connection with the Entitlements. Provided that the Entitlements and Project are consistent with Tenant's response to the RFP, Landlord's cooperation shall include, without limitation, (i) joining in and submitting applications and other required documentation for the Entitlements to the applicable governmental authority with jurisdiction over the Premises, (ii) granting and/or joining in any plat, covenants in lieu of unity of title, permit, authorization, approval, temporary or permanent easements, restrictive covenants, easement vacations or modifications, and such other applications or documents, as may be necessary or desirable for Tenant to develop the Premises with the Project and use the Premises for the Permitted Use, (iii) supporting the Entitlements, redevelopment of the Land and development of the Project through periodic written and in person appearances public meetings and hearings, including periodically speaking in support of same, and (iv) obtaining any required approvals from the Board. Project No. RFP-01296 ACTIVE 4848$805v4 28 42 ARTICLE X PUBLIC RECORDS ACT 10.1 As it relates to this Lease and any subsequent agreements and other documents related to the Development, Tenant and any of its subsidiaries, pursuant to Section 119.0701, Florida Statutes, shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by Landlord in order to perform the service; (b) Upon request of from Landlord's custodian of public records identified herein, provide the public with access to public records on the same terms and conditions that Landlord would provide the records and at a cost that does not exceed the cost provided in the Florida Public Records Act, Miami -Dade County Administrative Order No. 4-48, or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Lease's term and following completion of the work under this Lease if Tenant does not transfer the records to Landlord; and (d) Meet all requirements for retaining public records and transfer to Landlord, at no cost to Landlord, all public records created, received, maintained and/or directly related to the performance of this Lease that are in possession of Tenant upon termination of this Lease. Upon termination of this Lease, Tenant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Landlord in a format that is compatible with the information technology systems of Landlord. For purposes of this Article X, the term "public records"' shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of Landlord. in the event Tenant does not comply with the public records disclosure requirements set forth in Section 119.0701, Florida Statutes, and this Article X, Landlord shall avail itself of the remedies set forth in Section 8.2 of this Lease. Project No. RFP-01296 ACTIVE 48486805v4 29 43 IF TENANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO TENANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS LEASE, PLEASE CONTACT LANDLORD'S CUSTODIAN OF PUBLIC RECORDS AT: Miami -Dade County Miami -Dade Public Housing and Community Development 701 N.W. 1st Court, 16th Floor Miami, Florida 33136 Attention: Lizette Capote Email: LCAPOTE(miamidade.gov ARTICLE XI RIGHT OF FIRST OFFER; RIGHT OF FIRST REFUSAL 11.1. Landlord's Intent to Market Premises. The "Right of First Refusal' and "Right of First Offer" shall be negotiated and made part of the Master Development Agreement. 11.2. Right of First Refusal. The "Right of First Refusal' and "Right of First Offer" shall be negotiated and made part of the Master Development Agreement. 11.3 Mortgagee Notice. Tenant shall provide notice to every applicable Permitted Leasehold Mortgagee as to its election to acquire the Premises pursuant to Sections 11.1 or 11.2, above. Such notice shall be delivered within five (5) days following Tenant's notice to Landlord evidencing its intent to purchase the Premises. 11.4 Mortgagee Rights. Tenant's rights with respect to any option to purchase the Premises as set forth in this Section 11 shall be assignable to and may be exercised by any Permitted Leasehold Mortgagee which succeeds in interest to the Tenant, without requiring any consent or approval by Landlord. ARTICLE XII INDEPENDENT PRIVATE INSPECTOR GENERAL AND MIAMI-DADE COUNTY INSPECTOR GENERAL REVIEWS 12.1. Inspector General. (a) Independent Private Inspector General Reviews: Pursuant to Miami -Dade County Administrative Order 3-20, the Landlord has the right to retain the services of an Independent Private Sector Inspector General (hereinafter IPSIG), whenever the Landlord deems it appropriate to do so. Upon written notice from the Landlord, the Tenant shall make available to the IPSIG retained by the Landlord, all requested records and documentation pertaining to this Lease for inspection and reproduction. The Landlord shall be responsible for the payment of these IPSIG services, and under no circumstance shall the Tenant incur any charges relating to these IPSIG services. The terms of this provision herein, apply to the Tenant, its officers, agents, employees, subcontractors and assignees. Nothing contained in this provision shall impair any independent right of the Landlord to conduct an audit or investigate the operations, activities and performance Project No. RFP-01296 ACTIVE 48486805v4 30 44 of the Tenant in connection with this Lease. The terms of this Section shall not impose any liability on the Landlord by the Tenant or any third party. (b) Miami -Dade County Inspector General Review: According to Section 2-1076 of the Code of Miami -Dade County, as amended by Ordinance No. 99-63, Miami -Dade County has established the Office of the Inspector General (Inspector General), which may, on a random basis, perform audits on all Miami -Dade County agreements, throughout the duration of said agreements, except as otherwise provided below. Nothing contained above shall in any way limit the powers of the Inspector General to perform audits on all Miami -Dade County agreements including, but not limited to, those agreements specifically exempted above. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed Landlord and Tenant contracts, transactions, accounts, records, agreements and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in conformance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to a contract. The Inspector General is empowered to retain the services of an IPSIG to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process, including but not limited to project design, specifications, proposal submittals, activities of the Tenant, its officers, agents and employees, lobbyists, Landlord staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption. Upon written notice to the Tenant from the inspector General or IPSIG retained by the Inspector General, the Tenant shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Tenant's possession, custody or control which, in the Inspector General's or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements form and which successful and unsuccessful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back -charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. ARTICLE XIII ADDITIONAL PROVISIONS PERTAINING TO REMEDIES 13.1 Reinstatement. Notwithstanding anything to the contrary contained in the Lease, in the event Landlord exercises its remedies pursuant to Article VII I and terminates this Lease following an Event of Default, Tenant may, within 90 days following such termination reinstate this Lease for the balance of the Term by paying to Landlord an amount equal to the actual damages incurred by Landlord as a result of the breach that resulted in such termination and any actual costs or Project No. RFP-01296 ACTIVE 48486805v4 31 45 expenses incurred by Landlord as a result of such reinstatement of this Lease, if agreed in the sole and absolute discretion of the Landlord. 13.2 Notice. Notwithstanding anything to the contrary contained in the Lease, Landlord shall not exercise any of its remedies hereunder without having given notice of the Event of Default or other breach or default to the Investor (following the admission of the Investor) simultaneously with the giving of notice to Tenant as required under the provisions of Article VIII of the Lease. The Investor shall be given all of the same cure rights as a Permitted Leasehold Mortgagee under this Lease. If the Investor elects to cure the Event of Default or other breach or default, Landlord agrees to accept such performance as though the same had been done or performed by Tenant, in Landlord's reasonable discretion. 13.3 Investor. Notwithstanding anything to the contrary contained in the Lease, following the admission of the Investor, the Investor shall be deemed a third -party beneficiary of the provisions of this Section for the sole and exclusive purpose of entitling the Investor to exercise its rights to notice and cure, as expressly stated herein. The foregoing right of the Investor to be a third -party beneficiary under the Lease shall be the only right of Investor (express or implied) to be a third - party beneficiary hereunder. Such third party beneficiary status shall terminate in the entirety upon the exit of such investor including the acquisition of the building improvements by Landlord or Landlord's designee under a Purchase Option Agreement or Right of First Refusal Agreement to be negotiated at a later date as set forth in Article XI of this Lease. 13.4 New Manager. Notwithstanding anything to the contrary contained in the Lease, Landlord agrees that it will take no action to effect a termination of the Lease by reason of any Event of Default or any other breach or default without first giving to the Investor reasonable time, not to exceed 120 days, to replace Tenant's manager and/or admit an additional manager and cause the new manager to cure the Event of Default or other breach or default; provided, however, that as a condition of such forbearance, Landlord must receive notice from the Investor of the substitution or admission of a new manager of Tenant reasonably acceptable to Landlord within 30 days following Landlord's notice to Tenant and the Investor of the Event of Default or other breach or default, and Tenant, following such substitution or admission of the manager, shall thereupon proceed with due diligence to cure such Event of Default or other breach or default. In no event, however, shall Landlord be required to engage in the forbearance described in this section for a period longer than six (6) months, regardless of the due diligence of the Investor or the new manager. ARTICLE XIV LANDLORD'S AUTHORITY 14.1. Designation of Landlord's Representatives. The Miami -Dade County Mayor, or his or her designee, shall have the power, authority and right, on behalf of the Landlord, in its capacity as Landlord hereunder, and without any further resolution or action of the Board of County Commissioners, to: (a) Review and approve documents, plans, applications, lease assignments and requests required or allowed by Tenant to be submitted to Landlord pursuant to this Lease; Project No. RFP-01296 ACTIVE 48486805v4 32 46 (b) Consent or agree to actions, events, and undertakings by Tenant or extensions of time periods for which consent or agreement is required by Landlord, including, but not limited to, extending the date by which the Commencement Date must occur under Section 8.3) or granting extensions of time for the performance of any obligation by Tenant hereunder; (c) Execute any and all documents on behalf of Landlord necessary or convenient to the foregoing approvals, consents, and appointments; (d) Assist Tenant with and execute on behalf of Landlord any applications or other documents, needed to comply with applicable regulatory procedures and to secure financing, Entitlements, permits or other approvals to accomplish the construction of any and all improvements in and refurbishments of the Premises, (e) Amend this Lease and any Subleases (and related recognition and non - disturbance agreements) to correct any typographical or non -material errors, to address revisions or supplements hereto of a non -material nature or to carry out the purposes of this Lease; (f) Execute Subleases with Qualified Assignees, including any amendments, extensions, and modifications thereto, and/or the lease bifurcation documents contemplated by Section 5.7; and (g) Execute recognition and non -disturbance agreements and issue estoppel statements as provided elsewhere in this Lease. ARTICLE XV HUD -REQUIRED RAD PROVISIONS 15.1, HUD -Required RAD Provisions. In addition to entering into this Lease, Landlord and Tenant also contemplate the provision of rental assistance to the Development pursuant to a RAD HAP Contract. If a RAD HAP Contract is entered into, HUD will require Landlord and Tenant to enter into a RAD Use Agreement in connection with the provision of rental assistance to the Development. Notwithstanding any other clause or provision in this Lease, upon execution of the RAD Use Agreement and for so long as the RAD Use Agreement is in effect, the following provisions shall apply: (a) This Lease shall in all respects be subordinate to the RAD Use Agreement. Subordination continues in effect with respect to any future amendment, extension, renewal, or any other modification of the RAD Use Agreement or this Lease. (b) If any of the provisions of this Lease conflict with the terms of the RAD Use Agreement, the provisions of the RAD Use Agreement shall control. (c) The provisions in this Section 15.1 are required to be inserted into this Lease by HUD and may not be amended without HUD's prior written approval. (d) Violation of the RAD Use Agreement constitutes a default of this Lease. • (e) Notwithstanding any other contract, document or other arrangement, upon termination of this Lease, title to the real property leased herein shall remain vested in Landlord Project No. RFP-01296 ACTIVE 48486805v4 33 47 and title to the buildings, fixtures, improvements, trade fixtures and equipment that belong to Tenant shall vest in Landlord. Ef) Neither the Tenant nor any of its partners or members shall have any authority to: (i) Take any action in violation of the RAD Use Agreement; or (li) Fail to renew the RAD HAP Contract upon such terms and conditions applicable at the time of renewal when offered for renewal by the Landlord or HUD; or (Hi) Except to the extent permitted by the RAD HAP Contract or the RAD Use Agreement and the normal operation of the Development (e.g., in connection with a Sublease to a Qualified Assignee), neither the Tenant nor any partners or members shall have any authority without the consent of Landlord to sell, transfer, convey, assign, mortgage, pledge, sublease, or otherwise dispose of, at any time, the Development or any part thereof. ARTICLE XVI MISCELLANEOUS 16.1. Construction. Landlord and Tenant agree that all the provisions hereof are to be construed as covenants and agreements as though the words importing such covenants and agreements were used in each separate section thereof. 16.2. Performance Under Protest. In the event of a dispute or difference between Landlord and Tenant as to any obligation which either may assert the other is obligated to perform or do, then the party against whom such obligation is asserted shall have the right and privilege to carry out and perform the obligation so asserted against it without being considered a volunteer or deemed to have admitted the correctness of the claim, and shall have the right to bring an appropriate action at law, equity or otherwise against the other for the recovery of any sums expended in the performance thereof and in any such action, the successful party shall be entitled to recover in addition to all other recoveries such reasonable attorneys' fees as may be awarded by the court of law. 16.3. Compliance with Governing Requirements. Notwithstanding anything to the contrary herein, Landlord and Tenant hereby agree to comply with any and all applicable HUD notice and consent requirements set forth in the Governing Documents by providing notice to HUD as required in the Governing Documents. 16.4. No Waiver. Failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said party of any of its rights hereunder. No waiver by either party at any time, express or implied, of any breach of any other provision of this Lease shall be deemed a waiver of a breach of any other provision of this Lease or a consent to any subsequent breach of the same or any other provision. If any action by either party shall require the consent or approval of the other party, the other party's consent to or approval of such action on any one occasion shall not be deemed a consent to or approval of said action on any subsequent occasion. Any and all rights and remedies which either party may have under this Lease or by operation of law, either at law or in equity, upon any breach, shall be distinct, separate and cumulative and shall not be deemed Project No. RFP-01296 ACTIVE 48486805v4 34 48 inconsistent with each other; and no one of them whether exercised by said party or not, shall be deemed to be in exclusion of any other; and two or more or all of such rights and remedies may be exercised at the same time. 16.5. Headings. The headings used for the various articles and sections of this Lease are used only as a matter of convenience for reference, and are not to be construed as part of this Lease or to be used in determining the intent of the parties of this Lease. 16.6. Partial Invalidity. If any terms, covenant, provision or condition of this Lease or the application thereof to any person or circumstances shall be declared invalid or unenforceable by the final ruling of a court of competent jurisdiction having final review, the remaining terms, covenants, provisions and conditions of this Lease and their application to persons or circumstances shall not be affected thereby and shall continue to be enforced and recognized as valid agreements of the parties, and in the place of such invalid or unenforceable provision there shall be substituted a like, but valid and enforceable, provision which comports to the findings of the aforesaid court and most nearly accomplishes the original intention of the parties. 16.7. Decision Standards. In any approval, consent or other determination by any party required under any provision of this Lease, the party shall act reasonably, in good faith and in a timely manner, unless a different standard is explicitly stated. 16.8. Bind and Inure. Unless repugnant to the context, the words Landlord and Tenant shall be construed to mean the original parties, their respective successors and assigns and those claiming through or under them respectively. The agreements and conditions in this Lease contained on the part of Tenant to be performed and observed shall be binding upon Tenant and its successors and assigns and shall inure to the benefit of Landlord and its successors and assigns, and the agreements and conditions in this Lease contained on the part of Landlord to be performed and observed shall be binding upon Landlord and its successors and assigns and shall inure to the benefit of Tenant and its successors and assigns. No holder of a mortgage of the leasehold interest hereunder shall be deemed to be the holder of said leasehold estate until such holder shall have acquired indefeasible title to said leasehold estate. 16.9. Estoppel Certificate. Each party agrees from time to time, upon no Tess than fifteen (15) days' prior notice from the other or from any Permitted Leasehold Mortgagee, to execute, acknowledge and deliver to the other, as the case may be, a statement certifying that (i) this Lease is unmodified and in full force and effect (or, if there have been any modifications, that the same is in full force and effect as modified and stating the modifications), (ii) the dates to which the Rent has been paid, and that no additional rent or other payments are due under this Lease (or if additional rent or other payments are due, the nature and amount of the same), and (iii) whether there exists any uncured default by the other party, or any defense, offset, or counterclaim against the other party, and, if so, the nature of such default, defense, offset or counterclaim. 16.10. Recordation. Simultaneously with the delivery of the Lease the parties have delivered a memorandum, notice or short -form of this Lease or this Lease which Tenant shall record in the appropriate office of the Public Records of Miami -Dade County. If this Lease is terminated before the Term expires, the parties shall execute, deliver and record an instrument acknowledging such fact and the date of termination of this Lease. 16.11. Notice. Any notice, request, demand, consent, approval, or other communication required or permitted under this Lease shall be in writing, may be delivered on behalf of a party by such Project No. RFP-01296 ACTIVE 48486805v4 35 49 party's counsel, and shall be deemed given when received, if (i) delivered by hand, (ii) sent by registered or certified mail, return receipt requested, or (iii) sent by recognized overnight delivery service such as Federal Express, addressed as follows: : If to the Landlord: and a copy to: and a copy to: If to Tenant: and a copy to: Miami -Dade County c/o Miami -Dade Public Housing and Community Development 701 N.W. 1st Court, 16th Floor Miami, Florida 33136 Attn: Michael Liu, Director Miami -Dade County Attorney's Office 111 N.W. 1st Street, Suite 2810 Miami, Florida 33128 Attn: Terrence A. Smith, Esq. Assistant County Attorney Miami -Dade County Internal Services Department, Strategic Procurement Division Attention: Chief Procurement Officer 111 N.W. 1st Street, Suite 1375 Miami, FL 33128-1974 Phone: (305) 375-4900 E-mail: Namita.Uppal(a7miamidade.gov Rainbow Redevelopment, LLC c/o Housing Trust Group, LLC 3225 Aviation Avenue, 6th Floor Coconut Grove, Florida 33133 Attn: Matthew A. Rieger Greenberg Traurig, P.A. 333 SE 2nd Avenue Miami, Florida Attn: Ryan Bailine and Nancy B. Lash A party may change its address by giving written notice to the other party as specified herein. 16.12. Entire Agreement. This instrument contains all the agreements made between the parties hereto with respect to the subject matter hereof and may not be modified in any other manner than by an instrument in writing executed by the parties or their respective successors in interest. 16.13. Amendment. This Lease may be amended by mutual agreement of Landlord and Tenant, provided that all amendments must be in writing and signed by both parties and that no amendment shall impair the obligations of Tenant to develop and operate the Premises. Tenant and Landlord hereby expressly stipulate and agree that, they will not modify this Lease in any way nor cancel or terminate this Lease by mutual agreement nor will Tenant surrender its interest in this Lease, including but not limited to pursuant to the provisions of Section 6.3, without the prior written consent of all Permitted Leasehold Mortgagees and, following the admission of the Investor, the Tenant's Investor. No amendment to or termination of this Lease shall become effective without ail such required consents. Tenant and Landlord further agree that they will not, Project No. RFP-01296 ACTIVE 48486805v4 36 50 respectively, take advantage of any provisions of the United States Bankruptcy Code that would result in a termination of this Lease or make it unenforceable. 16.14. Governing Law, Forum, and Jurisdiction. This Lease shall be governed and construed in accordance with the laws of the State of Florida. Any dispute arising from this Lease or the contractual relationship between the Parties shall be decided solely and exclusively by State or Federal courts located in Miami -Dade County, Florida. 16.15. Relationship of Parties; No Third Party Beneficiary. The parties hereto expressly declare that, in connection with the activities and operations contemplated by this Lease, they are neither partners nor joint venturers, nor does a principal/agent relationship exist between them. 16.16. Access. Tenant agrees to grant a right of access to the Landlord or any of its authorized representatives, with respect to any books, documents, papers, or other records related to this Lease in order to make audits, examinations, excerpts, and transcripts until 3 years after the termination date of this Lease. 16.17. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 16.18. Non -Merger. Except upon expiration of the Term or upon termination of this Lease pursuant to an express right of termination set forth herein, there shall be no merger of either this Lease or Tenant's estate created hereunder with the fee estate of the Premises or any part thereof by reason of the fact that the same person may acquire, own or hold, directly or indirectly, (a) this Lease, Tenant's estate created hereunder or any interest in this Lease or Tenant's estate (including the Improvements), and (b) the fee estate in the Premises or any part thereof or any interest in such fee estate (including the Improvements), unless and until all persons, including any assignee of Landlord and, having an interest in (i) this Lease or Tenant's estate created hereunder, and (ii) the fee estate in the Premises or any part thereof, shall join in a written instrument effecting such merger and shall duly record the same. 16.19. Compliance with Governing Documents. Notwithstanding anything to the contrary herein, Landlord and Tenant hereby agree to comply with any and all applicable HUD notice and consent requirements set forth in the Governing Documents by providing notice to HUD as required in the Governing Documents. 16.20. Vendor Registration. The Tenant shall be a registered vendor with the County — Internal Services Department, Strategic Procurement Division, for the duration of this Agreement. In becoming a registered vendor with Miami -Dade County, the Contractor confirms its knowledge of and commitment to comply with the following: 1. Miami -Dade County Ownership Disclosure Affidavit Certification (Section 2-8.1 of the Code of Miami -Dade County) (Section 2-8.1.2(b) of the Code of Miami -Dade County) 2. Miami -Dade County Employment Disclosure Affidavit (Section 2.8.1(d)(2) of the Code of Miami -Dade County) 3. Miami -Dade County Employment Drug -free Workplace Project No. RFP-01296 ACTIVE 48486805v4 37 4. Miami -Dade County Disability and Nondiscrimination Affidavit (Section 2-8.1.5 of the Code of Miami -Dade County) 51 5. Miami -Dade County Debarment Disclosure Affidavit (Section 10.38 of the Code of Miami -Dade County) 6. Miami -Dade County Vendor Obligation to County Affidavit (Section 2-8.1 of the Code of Miami -bade County) 7. Miami -Dade County Code of Business Ethics Affidavit (Sections 2-8.1(i), 2-11.1(b)(1) through (6) and (9), and 2- 11.1(c) of the Code of Miami -Dade County) 11. Miami -Dade County E Verify Affidavit (Executive Order 11-116) 12. Miami -Dade County Pay Parity Affidavit (Resolution R 1072 17) 13. Miami -Dade County Suspected Workers' Compensation Fraud Affidavit (Resolution R-919-18) 14. Subcontracting Practices (Section 2-8.8 of the Code of Miami -Dade County) 15. Subcontractor/Supplier Listing (Section 2-8.1 of the Code of Miami -Dade County) 16. Form W-9 and 147c Letter (as required by the Internal Revenue Service) 17. FEIN Number or Social Security Number In order to establish a file, the Contractor's Federal Employer Identification Number (FEIN) must be provided. if no FEiN exists, the Social Security Number of the owner or individual must be provided. This number becomes Contractor's "County Vendor Number". To comply with Section 1 /9.071(5) of the Florida Statutes 8. Miami -Dade County Family Leave Affidavit (Article V of Chapter 11 of the Code of Miami -Dade County) 9. Miami -Dade County Living Wage Affidavit (Section 2-8.9 of the Code of Miami -Dade County) 10. Miami -Dade County Domestic Leave and Reporting Affidavit (Article VIII, Section 11A-60 - 11A-67 of the Code of Miami -Dade County) relating to the collection of an individual's Social Security Number, be aware that the County requests the Social Security Number for the following purposes: • Identification of individual account records • To make payments to individual/Contractor for goods and services provided to Miami -Dade County • Tax reporting purposes • To provide a unique identifier in the vendor database that may be used for searching and sorting departmental records 18. Office of the Inspector General (Section 2-1076 of the Code of Miami -Dade County) 19. Small Business Enterprises The County endeavors to obtain the participation of all small business enterprises pursuant to Sections 2- 8.1.1.1.1, 2-8.1.1.1.2 and 2-8.2.2 of the Code of Miami - Dade County and Title 49 of the Code of Federal Regulations. 20. Antitrust Laws By acceptance of any contract, the Contractor agrees to comply with all antitrust laws of the United States and the State of Florida 16.21. Conflict of Interest and Code of Ethics. Section 2-11.1(d) of the Code of Miami -Dade County requires that any County employee or any member of the employee's immediate family who has a controlling financial interest, direct or indirect, with Miami -Dade County or any person or agency acting for Miami -Dade County, competing or applying for a contract, must first request a conflict of interest opinion from the County's Ethics Commission prior to their or their immediate family member's entering into any contract or transacting any business through a firm, corporation, partnership or business entity in which the employee or any member of the employee's immediate family has a controlling financial interest, direct or indirect, with Miami - Dade County or any person or agency acting for Miami -Dade County. Any such contract or business engagement entered in violation of this subsection, as amended, shall be rendered voidable. All autonomous personnel, quasi-judicial personnel, advisory personnel, and employees wishing to do business with the County are hereby advised they must comply with the applicable provisions of Section 2-11.1 of the Code of Miami -Dade County relating to Conflict of Interest and Code of Ethics. in accordance with Section 2-11.1 (y), the Miami -Dade County Commission on Ethics and Public Trust (Ethics Commission) shall be empowered to review, interpret, render advisory opinions and letters of instruction and enforce the Conflict of Interest and Code of Ethics Ordinance. Project No. RFP-01296 ACTIVE 48486805v4 (SIGNATURES ON FOLLOWING PAGE) 38 52 Matt . Rieger Manager 3 obeto IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this Agreement on the date first written above. TENANT: LANDLORD: Rainbow Redevelopment, LLC, Miami -Dade County a Florida limited liability company By: Name: Title: Date: Attest: Online Notary: ❑ (Check Box if acknowledgment done by Online Notarization) 39 By: Name: Title: Date: Attest: Carlos A. Gimenez Mayor Clerk of the Board Approved as to form and legal sufficiency Terrence A. Smith Assistant County Attorney 53 Signed, sealed and delivered in the presence of: Witness: / rs� Print Name:! I-, a. Witness: Print Name: E! `vjeQr TENANT: RAINBOW REDEVELOPMENT, LLC, a Florida limited liapilityjmpany By: Name: Matthew A. Rje��r Title: Manager Date: 5 / W2.0 Attest: Corporate Secretary/Notary Public Corporate Seal/Notary Seal 54 EXHIBIT A Land Project Name: Rainbow Village and Gwen Cherry 23C Folio Number: 01-3125-063-0020 Legal Description:• 25 53 41 TOWNPARK SUBDIVISION 1 PB 85-31 / U. R. PROJECT FLA R-10 1 TRACTS 2 & 3 & TR 22 OF U R PROJECT FLA R-10 OF PB 91-88 LOT SIZE 452717 SQ FT MIL 40 55 EXHIBIT B Rent (Revenue and Income Streams Schedule) Project No. RFP-01296, Redevelopment of Rainbow Village and Gwen Cherry 23C The Tenant shall pay to the County for the use of the Land, revenue and income streams, as noted below and indicated in Exhibit B, subject to negotiations during the Master Development Agreement and Long -Term Lease Agreement: A. Lump Sum Ground Lease Payment The Tenant shall state its proposed Lump Sum Ground Lease Payment for the use of the Land. Such Lump Sum Ground Lease Payment with respect to each phase of the Project shall be received by the County from the Tenant at Financial Closing date for such phase of the Project. Project Proposed Lump Sum Ground Lease Payment: Rainbow Village & Gwen Cherry 23C Scenario A: $10,030,000 ($10K per unit); Scenario B: $20,435,000 ($10K per mixed -income housing unit and $25K per market rate unit) B. Share of RevenueslNet Cash Flow The Tenant shall provide a proposed share of cash flow for the Project. Such Share of Cash Flow shall be received by the County from the Tenant, after stabilization period, about one year after issuance of Certificate of Occupancy, without billing, through end date of the Agreement. Project Proposed Share of Revenues/Net Cash Flow (%) Rainbow Village & Gwen Cherry 23C Scenario AIB: 35% of Net Cash Flow paid to the Developer for the LUHTC developments will be allocated to Landlord. C. Percentage of Developer Fees The Tenant shall state its proposed percentage of developer fees, at a minimum of 30% of developer fees, for the Project. Such percentage of developer fees shall be received by the County, or the non-profit community development partner (if applicable), from the Tenant at the same time it is received by the Developer and in accordance with Safe Harbor Standards. Project Proposed Percentage of Developer Fees (%) Rainbow Village & Gwen Cherry 23C Scenario AIB: 30% shall be received by the County D. Davis -Bacon Review Fee The Tenant shall include in its proposal a $1,700 per month fee to be paid to PHCD during all phases of construction of the Project for Davis -Bacon Compliance Review fee. The first payment shall be due 30 days after the construction of the Project have begun. 41 56 Project Davis -Bacon Review Fee Rainbow Village & Gwen Cherry 23C $1,700 per month during construction Notes: (1) Revenue and Income streams Schedule is firm and fixed during the ground lease agreement period, unless the County requests and agrees to contractual changes. (2) The Ground Lease Payment Schedule above shall be exclusive from any developing, financing, operating, or maintenance costs of the Project. (3) Any proposed payments indicated above are subject to further negotiation by the County with Tenant, at the County's sole discretion. 42 57 EXHIBIT C Insurance Requirements (a) Prior to the commencement of construction by Tenant, Tenant shall furnish an "All Risk Builder's Risk Completed Value Form" policy for the full completed insurable value of the Premises in form satisfactory to Landlord. The policy shall be in the name of Miami Dade County and the Tenant, or the Contractor. (b) The Tenant shall furnish to the Internal Services Department, Strategic Procurement Division, 111 NW 1st Street, Suite 1300, Miami, Florida 33128, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. D. Professional Liability Insurance in the name of the Tenant or the licensed design professional employed by the Tenant in an amount not less than $1,000,000 per claim. This insurance shall be maintained for a period of two (2) years after the County's acceptance of the applicable Improvements from the Tenant. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "A-" as to management, and no less than "Class VII" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. Project No. RFP-01296 ACTIVE 48486805v4 43 58 NOTE: MIAMI-DADE COUNTY RFP NUMBER AND TITLE OF RFP MUST APPEAR ON EACH CERTIFICATE. CERTIFICATE HOLDER MUST READ: MIAMI-DADE COUNTY 111 NW 1st STREET SUITE 2340 MIAMI, FL 33128 Compliance with the foregoing requirements shall not relieve Tenant of their liability and obligation under this section or under any other section of this agreement Execution of this Lease is contingent upon the receipt of the insurance documents, as required, within fifteen (15) calendar days after Landlord's notification to Tenant to comply before the award is made. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Lease, the Tenant shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the County. If the Tenant fails to submit the required insurance documents in the manner prescribed in this Lease within twenty (20) calendar days after Landlord's notification to comply, it shall be an Event of Default pursuant to the Lease. The Tenant shall be responsible for assuring that the insurance certificates required in conjunction with this Exhibit remain in force for the duration of the Term of the Lease, including any and all option years or extension periods that may be granted by the Landlord. If insurance certificates are scheduled to expire during the Term, the Tenant shall be responsible for submitting new or renewed insurance certificates to the Landlord at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the Landlord shall provide thirty (30) days written notice to Tenant to cure the noncompliance. In the event Tenant does not replace the expired certificates with new or renewed certificates which cover the contractual period, it shall be an Event of Default pursuant to the Lease. (c) The Tenant agrees to cooperate with the Landlord in obtaining the benefits of any insurance or other proceeds lawfully or equitably payable to the Landlord in connection with this Lease. (d) The "All Risk Builder's Risk Completed Value Form" policy with respect to the Premises shall be converted to an "all risk" or comprehensive insurance policy upon completion of the Improvements, naming Landlord as an additional insured thereunder and shall insure the Project in an amount not less than the full insurable replacement value of the Premises. The Tenant hereby agrees that all insurance proceeds from the All Risk Builder Risk Completed Value Form policy (or if converted, the "all risk" or comprehensive policy) shall be used to restore, replace or rebuild the Improvements, if the Tenant determines that it is in its best interest to do so, subject to the requirements of any approved mortgage lien holder's rights secured against the Premises and subject further to the terms of Article VI of the Lease. (e) All such insurance policies shall contain (i) an agreement by the insurer that it will not cancel the policy without delivering prior written notice of cancellation to each named insured and loss payee thirty (30) days prior to canceling the insurance policy; and (ii) endorsements that the rights of the named insured(s) to receive and collect the insurance proceeds under the policies shall not be diminished because of any additional insurance coverage carried by the Tenant for its own account. 44 59 {f) If the Premises is located in a federally designated flood plain, an acceptable flood insurance policy shall also be delivered to the Landlord, providing coverage in the maximum amount reasonable necessary to insure against the risk of loss from damage to the Premises caused by a flood. (g) Neither the Landlord nor the Tenant shall be liable to the other (or to any insurance company insuring the other party), for payment of losses insured by insurance policies benefiting the parties suffering such loss or damage, even though such loss or damage might have been caused by the negligence of the other party, its agents or employees. f 45 60 EXHIBIT D Form of Sublease SUBLEASE AGREEMENT THIS SUBLEASE AGREEMENT ("Sublease") dated effective as of the day of , is made by and between RAINBOW REDEVELOPMENT, LLC, a Florida limited liability company (hereinafter called the "Sublessor") and , a (hereinafter called the "Sublessee"). WHEREAS, the Sublessor is in rightful possession of certain real property located in Miami -Dade County, Florida, as more particularly described on Exhibit °A" attached hereto and incorporated herein by reference (the "Leased Property") pursuant to that certain Ground Lease dated as of , (as may be amended, the "Master Lease"), by and between Miami -Dade County, a political subdivision of the State of Florida, through the Department of Public Housing and Community Development, as Landlord therein (the "Landlord") and Sublessor, as tenant therein; and WHEREAS, Sublessor and Sublessee acknowledge that a true and correct copy of the Master Lease thereof has been provided by Sublessor and accepted by Sublessee, and the parties agree that the provisions of said Master Lease are incorporated herein by reference; and WHEREAS, the Sublessor wishes to sublease to the Sublessee the portion of the Leased Property which is as more particularly described on Exhibit "B" attached hereto and incorporated herein by reference (the "Demised Premises"), on the same terms and conditions as set forth in the Master Lease, except as modified hereby: NOW, THEREFORE, in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Recitals; Defined Terms. The above Recitals are true and correct and are hereby incorporated herein by reference. Capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the Master Lease. 2. Sublease. The Sublessor hereby subleases to the Sublessee, and the Sublessee hereby leases from Sublessor, the Demised Premises. 3. Term. The term of this Sublease shall be co -terminus with the Master Lease, commencing on the date hereof and ending on the date which is seventy-five (75) years from the Lease Date. The obligation to pay Rent shall begin on the date on which the Sublessee closes on the construction financing and tax credit syndication for its contemplated development (the "Commencement Date"). In any event, the term of this Sublease shall expire upon the expiration of the term of the Master Lease. Anything to the contrary herein notwithstanding, Sublessor may terminate this Sublease by written notice to Sublessee given at any time after , , if by such date Sublessee has not received an award of % low income housing tax credits from the Florida Housing Finance Corporation. 46 61 4. Rent. Sublessee hereby agrees to pay to Sublessor as Rent, under this Sublease, a one-time capitalized lease payment, to be paid upon the Commencement Date, in the amount of $ (the "Capitalized Payment"), which amount is calculated by multiplying the number of units (i.e., ) times $ . If greater or fewer than units are constructed at the Demised Premises, the Capitalized Payment shall be adjusted on a unit -for - unit basis; provided, however, that to the extent Rent is paid directly by Sublessee to Landlord, the Sublessee's obligations to pay Rent under this Section 4 shall be satisfied. As and when the Rent is due and payable under the Master Lease, Sublessee shall pay such Rent directly to Landlord, which shall satisfy the obligations of Sublessee to otherwise have paid the Rent to Sublessor. It is the intention of this Sublease that the Sublessee shall be liable for the payment with respect to the units to be developed at the Demised Premises of all Rent and impositions becoming due and payable under the Master Lease by Sublessor to Landlord, during the term of this Sublease. To that end, Sublessee shall make all payments of Rent and impositions directly to Landlord. Provided, however, that there shall be no obligation on the part of Sublessee (or any successor of Sublessee) for the payment of any such Rent or other impositions which shall become due and payable with respect to any portion of the Demised Premises transferred subsequent to the termination of Sublessee's possession of any portion of the Demised Premises, or transfer of Sublessee's rights, under the terms of this Sublease and the termination or expiration of this Sublease. 5. Relationship to Master Lease. This agreement is a sublease and is subject to all the provisions in the Master Lease. Neither Sublessor nor Sublessee shall commit or permit to be committed any act or omission that will violate any provisions of the Master Lease with respect to the Demised Premises. Except with regard to rights of sublessees and the rights or obligations of Landlord, as set forth in the Master Lease, if the Master Lease terminates with respect to the Demised Premises, this Sublease shall terminate, and the parties shall be relieved from all liabilities and obligations under this Sublease, except with respect to any obligations which specifically survive the termination or expiration of this Sublease. This Sublease is made expressly subject to the terms, covenants and conditions of the Master Lease, and Sublessee expressly assumes any and all of the obligations of Sublessor under the Master Lease with respect to the Demised Premises, and agrees to be subject to all conditions and restrictions to which Sublessor is subject including, but not limited to, the obligation for the development, use and operation of every part of the Demised Premises. Any act required to be performed by Sublessor pursuant to the terms of the Master Lease in respect of the Demised Premises shall be performed by Sublessee and the performance of such act shall be deemed to be performed by Sublessor and shall be accepted by Landlord as Sublessor's act, provided such act is otherwise performed in accordance with the terms of the Master Lease. Nothing herein contained shall be construed to modify, waive, impair or otherwise affect any of the covenants, agreements, terms, provisions or conditions in the Master Lease (except as herein expressly provided), and all covenants, agreements, terms, provisions and conditions of the Master Lease are hereby mutually declared to be in full force and effect. It is the express intention of the parties of this Sublease that the Master Lease is incorporated into this Sublease and Sublessee, and not Sublessor, shall be responsible for all provisions of the Master Lease in respect of the Demised Premises as if they were fully set forth in this Sublease. 6. Rights of Sublessee. Sublessee (and all succeeding and successor transferees) shall succeed to all rights and obligations of Sublessor under the Master Lease with respect to the Demised Premises, including but not limited to the right to mortgage, encumber and otherwise assign and further sublease the Demised Premises, subject, however, to all 47 62 duties and obligations of Sublessor as set forth in the Master Lease, and subject to the terms hereof. 7. Further Sublet. Subject to the Master Lease, the Sublessee may further sublet the Demised Premises or any part thereof to residential and retail tenants under unrecorded leases, with rights as tenants only, without the prior written consent of Sublessor. 8. Public Liability Insurance. The Sublessee agrees to maintain the insurance in respect of the Demised Premises in the types and amounts described in the Master Lease and shall name Sublessor as an additional insured under all such policies. Coverages required by this section shall be evidenced by certificates of insurance from insurance companies reasonably acceptable to Sublessor showing the requisite liability limits and shall specify that Sublessee's insurance policies shall not be modified, altered, canceled or allowed to expire or lapse without thirty (30) days prior notice to Sublessor. Sublessor is to be held harmless, from and against any and all liability, losses, and damages suffered or incurred by Sublessor by reasons directly (a) arising out of or (b) caused by Sublessee, in connection with Sublessee's occupancy of the Demised Premises, excepting loss and/or injury caused by the acts, negligence or omissions of the Sublessor, its servants, agents or representatives. 9. Sublessor's Representations and Warranties. Sublessor hereby represents and warrants to Sublessee that, as of the date hereof: (a) It has full power and authority to enter into this Sublease and perform in accordance with its terms and provisions and that the parties signing this Sublease on behalf of Sublessor have the authority to bind Sublessor and to enter into this transaction and Sublessor has taken all requisite action and steps to legally authorize it to execute, deliver and perform pursuant to this Sublease. (b) Sublessor will deliver possession of the Demised Premises to Sublessee, and, at all times, keep the Demised Premises free and clear of any and all liens, mortgages, encumbrances, tenancies and occupancies of every nature whatsoever. (c) Sublessor is the current lessee under the Master Lease. (d) Sublessor has not made, caused or incurred, or allowed any other to make, cause or incur, any assignment, sale, sublease, disposition or transfer or any right, title, and/or interest in, to, and under the Master Lease of the Demised Premises (other than that which may have been made to Sublessee), or any claim, demand, obligation, liability, action or cause of action in any way pertaining to the Master Lease or the Demised Premises. (e) There are no existing mortgages, encumbrances or liens on Sublessor's leasehold interest and Sublessor will not hereafter subordinate to or mortgage or encumber its leasehold interest. 10. Sublessee's Representations and Warranties. Sublessee hereby represents and warrants to Sublessor that, as of the date hereof, Sublessee has full power and authority to enter into this Sublease and perform in accordance with its terms and provisions and that the parties signing this Sublease on behalf of Sublessee have the authority to bind Sublessee and to enter into this transaction and Sublessee has taken all requisite action and steps to legally authorize it to execute, deliver and perform pursuant to this Sublease. 48 63 11. Events of Default of Sublessee. The occurrence of any of the following shall be an "Event of Default" of Sublessee hereunder: (a) Default is made in the due and punctual payment of the Rent payable to Sublessor under this Sublease when and as the same shall become due and payable and such default shall continue for a period of ninety (90) days after written notice thereof from Sublessor to Sublessee. (b) Default is made by Sublessee in keeping, observing or performing any of the terms contained in this Sublease, excepting the obligation to pay the Rent, and such default shall continue for a period of ninety (90) days after written notice thereof from Sublessor to Sublessee setting forth with reasonable specificity the nature of the alleged breach; or in the case of such default or contingency which cannot with due diligence and in good faith be cured within ninety (90) days, Sublessee fails within said ninety (90) day period to proceed promptly and with due diligence and in good faith to pursue curing said default. (c) Any default in the obligations of Sublessor under the Master Lease relating to the Demised Premises, other than (i) an obligation which can only be performed by Sublessor thereunder or (ii) a default which is caused by Sublessor. 12. Failure to Cure Default by Sublessee. If an Event of Default of Sublessee shall occur, Sublessor, at any time after the periods set forth in Section 11 (a) or (b) and provided Sublessee has failed to cure such Event of Default within such applicable period, or in the case of such default or contingency which cannot with due diligence and in good faith be cured within ninety (90) days, Sublessee fails within said ninety (90) day period to proceed promptly and with due diligence and in good faith to pursue curing said default, shall, have the following rights and remedies, which are cumulative: (a) In addition to any and all other remedies, in law or in equity, or as set forth in this Sublease, that Sublessor may have against Sublessee, Sublessor shall be entitled to sue Sublessee for all damages, costs and expenses arising from Sublessee's committing an Event of Default hereunder and to recover all such damages, costs and expenses, including reasonable attorneys' fees at both trial and appellate levels. (b) To restrain, by injunction, the commission of or attempt or threatened commission of an Event of Default of Sublessee and to obtain a decree specifically compelling performance of any such term or provision of this Sublease without notice to Sublessor or the necessity of posting a bond. 13. Events of Default of Sublessor. It shall be an Event of Default of Sublessor, if default shall be made by Sublessor in keeping, observing or performing any of the duties imposed upon Sublessor pursuant to the terms of this Sublease and such default shall continue for a period of ninety (90) days after written notice thereof from Sublessee to Sublessor setting forth with reasonable specificity the nature of the alleged breach; or, in the case of any such default or contingency which cannot, with due diligence and in good faith, be cured within ninety (90) days, Sublessor fails within said ninety (90) day period to proceed promptly after such notice and with due diligence and in good faith to cure said Event of Default. If an Event of Default of Sublessor shall occur, Sublessee, at any time after the period set forth in this Section 13, shall have the following rights and remedies which are cumulative: 49 64 (a) To restrain, by injunction, the commission of or attempt or threatened commission of an Event of Default of Sublessor and to obtain a decree specifically compelling performance of any such term or provision of this Sublease without notice to Sublessor or the necessity of posting a bond. (b) In the event that the Sublessor's default is of a nature which makes performance of this Sublease impossible, Sublessee may terminate any and all obligations that Sublessee may have under this Sublease, in which event Sublessee shall be released and relieved from any and all liability under this Sublease and shall surrender possession of the Demised Premises to Sublessor. 14. Power of Attorney -Sublessor. (a) Subject to Sublessor's prior approval of any instrument or document described in this Section, which approval shall not be unreasonably withheld, Sublessor hereby irrevocably constitutes Sublessee its true and lawful attorney in fact in its name, place and stead to make, execute, swear to, acknowledge, deliver and file: (i) Any instrument which may be required to be filed by the Sublessor under the terms of the Master Lease, or which Sublessee deems advisable to file under the terms of the Master Lease; (ii) Any documents which may be required or appropriate to amend the terms of the Master Lease, to effect the continuation of the Master Lease, or the termination of the Master Lease; or (iii) Any document necessary or proper to carry out the intent of the Sublessor's powers and/or duties. (b) The above power of attorney: (i) Is a special power of attorney coupled with an interest, is irrevocable and will survive the dissolution of the Sublessor or any other event; and (ii) May be exercised by the Sublessee on behalf of Sublessor by an actual or facsimile signature of a duly authorized representative of the Sublessee. (c) Upon the request of Sublessee, the Sublessor shall from time to time execute a separate power of attorney that may be necessary or proper to permit the above -listed powers to be exercised, and any document which the Sublessee would be authorized to execute by virtue of any such powers. 15. Discharge of Liens. Sublessor is not authorized to contract for or on behalf of itself or Sublessee for work or the furnishing of materials to the Demised Premises. Sublessor shall discharge of record by payment, bond or otherwise, within five (5) days subsequent to the date of its receipt of notice thereof from Sublessee, any mechanic's, laborer's or similar lien filed against the Demised Premises for work or materials claimed to have been furnished at the instance of Sublessor. If Sublessor shall fail to cause such lien or claim of lien to be so discharged or bonded within such period, in addition to any other right or remedy it may have, Sublessee may, but shall not be obligated to, discharge the same by paying the amount claimed to be due or by procuring the discharge of such lien or claim by deposit in court or bonding, and in any such event, Sublessee shall be entitled, if Sublessee so elects, to compel the prosecution of any action for the foreclosure of such lien or claim by claimant and to pay the 50 65 amount of the judgment, if any, in favor of the claimant, with interest, costs and allowances. Sublessee shall be entitled to offset any sum or sums so paid by Sublessee, and all costs and expenses incurred by Sublessee, including, but not limited to, attorneys' fees in processing such discharge or in defending any such action against any Rent due under this Sublease. 16. Notices. Each notice required or permitted to be given hereunder or pursuant to the Master Lease must comply with the requirements of Article 14.11 of the Master Lease. The addresses for the parties hereto are as follows: Sublessor: Sublessee: , LLC c/o Housing Trust Group, LLC 3225 Aviation Avenue, 6th Floor Coconut Grove, Florida 33133 Attn: Matthew A. Rieger 17. Subleasehold Mortgage. (a) Without limiting any of the provisions of the Master Lease as to the mortgaging of the Sublessee's subleasehold estate in the Demised Premises, it is agreed that, without Sublessor's prior consent, Sublessee shall have the right from time to time during the Term to mortgage, collaterally assign, or otherwise encumber in favor of one or more lenders the Sublessee's leasehold estate and interest ("Leasehold Interest") under one or more leasehold mortgages ("Leasehold Mortgages"), the Sublessee's personalty located on the Demised Premises, its subleases and issues, rents and profits therefrom, as security for such Leasehold Mortgages. (b) In the event of any default by Sublessee under the Sublease or any Leasehold Mortgage, Sublessor will allow Permitted Leasehold Mortgagee (as hereinafter defined) to enforce its lien and security interest in Sublessee's personal property located at the Demised Premises including assembling and removing all of Sublessee's personal property located on the Premises. Sublessor hereby waives any landlord's lien it might hold, statutory, constitutional, contractual or otherwise, in any personal property owned or leased by Sublessee and now or hereafter located on the Demised Premises. If so requested by Sublessee, Sublessor shall execute a waiver of any right, title or interest or right to seize any of Sublessee's personal property on the Demised Premises that may be subject to a lien or security interest in favor of Permitted Leasehold Mortgagee or a seller of Sublessee's personal property or creditor holding a security interest in such personal property. (c) (i) if the Sublessee shall mortgage its Leasehold Interest, and if the holder of such Leasehold Mortgage (each a "Permitted Leasehold Mortgagee") shall provide the Sublessor with notice of such Leasehold Mortgage together with a true copy of such Leasehold Mortgage and the name and address of the mortgagee, the Sublessor and the Sublessee agree that, following receipt of 'such notice by the Sublessor, the provisions of this Section 17 shall apply with respect to such Leasehold Mortgage. 51 66 (ii) Sublessor agrees that no notice given to Sublessee subsequent to the date Sublessee's leasehold interest in the Land is encumbered by a Leasehold Mortgage is valid unless simultaneously given to the Permitted Leasehold Mortgagee at the address provided by it. (iii) In the event of any assignment of a Leasehold Mortgage or in the event of change of address of a Permitted Leasehold Mortgagee or of an assignee of such Leasehold Mortgage, notice of the new name and address shall be provided to the Sublessor. (iv) After the Sublessor has received the notice provided for by subsection (c)(1) above, the Sublessee, upon being requested to do so by the Sublessor, shall with reasonable promptness provide the Sublessor with copies of the note or other obligation secured by such Leasehold Mortgage and of any other documents pertinent to the Leasehold Mortgage and of each amendment or other modification or supplement to such instruments. (d) Until such time as the Leasehold Mortgages are paid in full, the Sublessor shall not consent to any termination, material amendment, modification or supplement to this Sublease unless consented to in writing by the Permitted Leasehold Mortgagees which consent will not be unreasonably delayed, conditioned or withheld. (e) In the event there is a conflict between the terms of this Sublease and those of a Leasehold Mortgage (including but not limited to the provisions of this Sublease and those of a Leasehold Mortgage pertaining to the disposition of insurance proceeds or condemnation awards), the terms of the Leasehold Mortgage shall govern. (f) Permitted Leasehold Mortgagee may at its option, at any time before this Sublease has been terminated as provided herein, and before the expiration of the time periods specified in Section 17(g) below, pay any of the Rent or other sums due under this Sublease, or effect any insurance, or pay any taxes or assessments, or make any repairs and improvement, or do any act or thing which may be necessary and proper to be done in the observance of the covenants and conditions of this Sublease or to prevent the termination of this Sublease. Permitted Leasehold Mortgagee also shall be afforded the right, but not the obligation, to perform any other term, covenant, or condition of this Sublease to be performed by Sublessee, as well as to remedy any default by Sublessee hereunder, and Sublessor shall accept such performance by any Permitted Leasehold Mortgagee with the same force and effect as if furnished by Sublessee, provided, however, that Permitted Leasehold Mortgagee shall not thereby or hereby be subrogated to the rights of Sublessor. Additionally, Sublessee may delegate irrevocably to Permitted Leasehold Mortgagee the authority to exercise any or all of Sublessee's rights hereunder, including, but not limited to the right of Permitted Leasehold Mortgagee to participate (in conjunction with or to the exclusion of Sublessee) in any proceeding, arbitration or settlement involving condemnation or eminent domain affecting Sublessee's leasehold interest in the Demised Premises, but no such delegation shall be binding upon Sublessor unless and until either Sublessee or Permitted Leasehold Mortgagee in question shall give to Sublessor a true copy of a written instrument effecting such delegation, in form required for recording. Any provision of this Sublease that gives Permitted Leasehold Mortgagee the privilege of exercising a particular right of Sublessee hereunder on condition that Sublessee shall have failed to exercise such right shall not be deemed to diminish any privilege that Permitted Leasehold Mortgagee may have, by 52 67 virtue of a delegation of authority from Sublessee, to exercise such right without regard to whether or not Sublessee shall have failed to exercise such right. (g) Sublessor shall give Permitted Leasehold Mortgagee notice in writing of any defaults by Sublessee under this Sublease, and Permitted Leasehold Mortgagee shall have sixty (60) days after receipt of such written notice from Sublessor to cure such default which is reasonably susceptible of cure. Further, as to any non -monetary default, Permitted Leasehold Mortgagee shall have one hundred eighty (180) days after receipt of such written notice from Sublessor, and a reasonable time after the expiration of said one hundred eighty (180) days if it shall have commenced foreclosure or other appropriate proceeding in the nature thereof within said one hundred eighty (180) day period and is diligently prosecuting the same, within which to endeavor to cure such default; and notwithstanding any other provision of this Sublease, all rights (if any) of Sublessor to terminate this Sublease upon the default by Sublessee are and shall continue to be at all times while Sublessee is indebted to Permitted Leasehold Mortgagee, subject to and conditioned upon Sublessor's first having given Permitted Leasehold Mortgagee written notice of such default and Permitted Leasehold Mortgagee's failure to cure such default within the time and upon the conditions stated above after receiving such written notice of default. Notwithstanding anything contained herein to the contrary, any right of Sublessor to terminate this Sublease shall be postponed indefinitely if the default which gives rise to such termination right is of such a nature that the same is not susceptible of being cured by Permitted Leasehold Mortgagee and Permitted Leasehold Mortgagee shall institute foreclosure proceedings and diligently prosecute the same to completion, subject to any stay in any proceedings involving the insolvency of Sublessee or other proceeding or injunction (unless, in the meantime, Permitted Leasehold Mortgagee shall acquire Sublessee's estate hereunder, either in its own name or through a nominee, by assignment in lieu of foreclosure). (h) A Permitted Leasehold Mortgagee may become the holder of the Sublessee's leasehold estate and succeed to the Sublessee's interest in this Sublease by foreclosure of its Leasehold Mortgage or as a result of the assignment of this Sublease in lieu of foreclosure, and any purchaser at a foreclosure proceeding undertaken in regard to a Leasehold Mortgage may become the holder of the Sublessee's leasehold estate and succeed to the Sublessee's interest in this Sublease by such foreclosure proceedings. A Permitted Leasehold Mortgagee may exercise any rights and remedies available to it under its Leasehold Mortgage without consent or approval of Sublessor. (i) In case of the termination of this Sublease by reason of the happening of any Event of Default or of bankruptcy or insolvency of the Sublessee, Sublessor shall provide written notice of such termination to Permitted Leasehold Mortgagee and shall include in the notice a statement of all sums which would be due under this Sublease at the time of termination and all other defaults of Sublessee existing at such time. Sublessor will enter into a new sublease for the Demised Premises with the Permitted Leasehold Mortgagee, for the remainder of the term, effective as of the date of such termination, at the same Rent and subject to the same covenants and agreements, terms, provisions and limitations herein contained, provided that: (i) The Sublessor receives the Permitted Leasehold Mortgagee's written request for such new sublease within 60 days from the date that notice of such termination is received by Permitted Mortgagee and all amounts then due and owing to the Sublessor under this Sublease shall be paid coterminous with the entry into the new sublease together with any and all costs and expenses, including reasonable counsel fees, court costs and disbursements made by the Sublessor in connection with any such default and 53 68 termination as well as in connection with the execution and delivery of the new sublease, less the net income collected by the Sublessor from the Demised Premises subsequent to the date of termination of this Sublease and prior to the execution and delivery of the new lease, any excess of such net income over the aforesaid sums and expenses to be applied in payment of the Rent thereafter becoming due under the new sublease; and (ii) Upon the execution and delivery of the new sublease at the time payment is made in (1) above, all subleases which thereafter may have been assigned and transferred to the Sublessor shall thereupon be assigned and transferred without recourse by the Sublessor to the Permitted Leasehold Mortgagee, as the new Sublessee. Q) (i) For the purposes of this Section 17, the making of a Leasehold Mortgage shall not be deemed to constitute an assignment or transfer of this Sublease or of the Leasehold Interest hereby created, nor shall any Permitted Leasehold Mortgagee, as such, be deemed to be an assignee or transferee of this Sublease or of the Leasehold Interest hereby created so as to require such Permitted Leasehold Mortgagee, as such, to assume the performance of any of the terms, covenants or conditions on the part of the Sublessee to be performed hereunder; however, the purchaser at any sale of this Sublease and of the Leasehold Interest hereby created under any instrument of assignment or transfer in lieu of the foreclosure of any Leasehold Mortgage shall be deemed to be an assignee or transferee within the meaning of this Section 17, and shall be deemed to have agreed to perform all of the terms, covenants and conditions on the part of the Sublessee to be performed hereunder from and after the date of such purchase and assignment, but only for so long as such purchaser or assignee is the owner of the Leasehold Interest. If the Permitted Leasehold Mortgagee or its designee shall become holder of the Leasehold Interest and if the improvements on the Demised Premises shall have been or become materially damaged on, before or after the date of such purchase and assignment, the Permitted Leasehold Mortgagee or its designee shall be obligated to repair, replace or reconstruct the improvements only to the extent of the net insurance proceeds received by the Permitted Leasehold Mortgagee or its designee by reason of such damage. However, should such net insurance proceeds be insufficient to repair, replace or reconstruct the Project or other improvements, and should the Permitted Leasehold Mortgagee or its designee choose not to fully reconstruct the improvements, such failure shall constitute an event of default under this Sublease. (ii) Any Permitted Leasehold Mortgagee or other acquirer of the Leasehold Interest of the Sublessee pursuant to foreclosure, assignment in lieu of foreclosure or other proceedings may, upon acquiring the Sublessee's Leasehold Interest, without further consent of the Sublessor, sell and assign the Leasehold Interest on such terms and to such persons and organizations as are acceptable to such Permitted Leasehold Mortgagee or acquirer and thereafter be relieved of all obligations under this Sublease; provided the Sublessor has approved such assignee, which approval shall not be unreasonably withheld, and such assignee has delivered to the Sublessor its written agreement to be bound by all of the provisions of this Sublease. (iii) Notwithstanding any other provisions of this Sublease to the contrary, any sale of this Sublease and of the Leasehold Interest hereby created in any proceedings for the foreclosure of any Leasehold Mortgage, or the assignment or transfer of this Sublease and of the Leasehold Interest hereby created in lieu of the foreclosure of any 54 69 Leasehold Mortgage, shall be deemed to be a permitted sale, transfer or assignment of this Sublease and of the Leasehold Interest hereby created. (k) The Sublessor shall give each Permitted Leasehold Mortgagee prompt notice of any legal proceedings between the Sublessor and the Sublessee involving obligations under this Sublease. Each Permitted Leasehold Mortgagee shall have the right to intervene in any such proceedings and be made a party to such proceedings, and the parties hereto do hereby consent to such intervention. In the event that any Permitted Leasehold Mortgagee shall not elect to intervene or become a party to any such proceedings, the Sublessor shall give the Permitted Leasehold Mortgagee notice of, and a copy of any award or decision made in any such proceedings, which shall be binding on the Permitted Leasehold Mortgagee. (I) Intentionally Omitted. (m) The Sublessor shall, without charge, at any time and from time to time hereafter, but not more frequently than twice in any one-year period (or more frequently if such request is made in connection with any sale or mortgaging of Sublessee's Leasehold Interest or permitted subletting by the Sublessee), within ten (10) days after written request from the Sublessee or Permitted Leasehold Mortgagee to do so, certify by written instrument duly executed and acknowledged to any Permitted Leasehold Mortgagee or purchaser, or proposed leasehold mortgagee or proposed purchaser, or any other person, firm or corporation specified in such request: (i) as to whether this Sublease has been supplemented or amended and if so, the substance and manner of such supplement or amendment; (ii) as to the validity and force and effect of this Sublease, in accordance with its tenor; (iii) as to the existence of any default hereunder; (iv) as to the existence of any known offsets, counterclaims or defenses hereto on the part of the Sublessee; (v) as to the commencement and expiration dates of the term of this Sublease; and (vi) as to any other matters as may be reasonably so requested. Any such certificate may be relied upon by the Sublessee and any other person, firm or corporation to whom the same may be exhibited or delivered, and the contents of such certificate shall be binding on the Sublessor. (n) Notices from the Sublessor to the Permitted Leasehold Mortgagee shall be mailed to the address furnished to the Sublessor, and those from the Permitted Leasehold Mortgagees to the Sublessor shall be mailed to the address designated pursuant to the provisions of Section 17(c)(i). Such notices, demands and requests shall be given in the manner described in Section 16 and shall in all respects be governed by the provisions of that section. (o) In case of the termination of this Sublease by reason of the happening of any Event of Default or of bankruptcy or insolvency of the Sublessee, the Sublessor shall give prompt notice thereof to each Permitted Leasehold Mortgagee who has made the request referred to in Section 17(c). 18. Investor. The following shall apply with respect to the Sublessee's Investor (the "Investor"): (a) The Sublessor agrees to accept payment or performance by the Investor as though the Sublessee had done the same, and the Investor shall be given all of the same cure rights as a Permitted Leasehold Mortgagee under this Sublease. 55 70 (b) The Sublessor agrees to give the Investor, at the address to be provided by the Investor, a written copy of all notices and demands that the Sublessor gives to the Sublessee. (c) The Sublessor shall not terminate this Sublease if: (i) At the time of the Event of Default, the Sublessor or Sublessor's member is the Sublessee's general partner or managing member, or an affiliate of the Sublessee's general partner or managing member; (ii) Within one hundred twenty (120) days after the Investor's receipt of notice, the Investor (A) cures the Event of Default, or (B) if the Event of Default reasonably requires more than one hundred twenty (120) days to cure, commences to cure the Event of Default and diligently prosecutes the same to completion; or (iii) If the Event of Default cannot be cured by payment or expenditure of money, and the Investor (A) initiates other appropriate proceedings to remove and replace the general partner or managing member as provided in the Sublessee's amended and restated partnership or operating agreement (the "Governing Agreement") within one hundred twenty (120) days after receipt of notice, (B) cures all other Events of Default, (C) complies with all other covenants and conditions of this Sublease capable of compliance, and (D) continues to pay all real property taxes and assessments, and insurance premiums to be paid by the Sublessee under this Sublease, then the Investor shall then have one hundred twenty (120) days following the date on which the Investor or its nominee is able to become the replacement general partner or managing member of the Sublessee, to cure such Event of Default. Notwithstanding anything contained herein to the contrary, if any such Event of Default, by its nature, is such that it cannot practicably be cured within said 120-day period, then the Investor shall have such time as shall be reasonably necessary to cure the Event of Default provided that the Investor commences such cure within said 120-day period and thereafter diligently prosecutes the cure to completion. (d) The Sublessor agrees to accept performance by the Investor of all cures, conditions and covenants as though performed by the Sublessee, and agrees to permit the Investor access to the Demised Premises to take all such actions as may be necessary or useful to perform the Sublessee's covenants under this Sublease or to cure an Event of Default of the Sublessee. (e) If the Investor elects any of the above -mentioned options, then upon the Investor's or its nominee's acquisition of the general partner or managing member interest under the Governing Agreement, this Sublease shall continue in full force and effect during the -year tax credit compliance period, provided that, if the Investor elects the option provided in Section 18(C)(iii) above, then upon the Investors acquisition of the general partner or managing member interest under the Governing Agreement, the Investor shall cure all prior Events of Default of the Sublessee under this Sublease that are reasonably capable of being cured by an Investor within the time set forth in Section 18(C)(iii) above. If the Investor commences an action as set forth in Section 18(C)(iii), and thereafter the Sublessee cures such Events of Default (which cure the Sublessor shall be obligated to accept) and the Investor then terminates all proceedings under the option in Section 18(C)(iii) above, then this Sublease shall remain in full force and effect between the Sublessor and the Sublessee during the -year tax credit compliance period. 56 71 (f) During the -year tax credit compliance period the Sublessor and the Sublessee shall not agree between themselves to any material amendment, modification or supplement to this Sublease without the prior written consent of the Investor, which consent will not be unreasonably delayed, conditioned or withheld. (g) So long as the Investor is prevented by injunction issued by any court or by any statutory stay, or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving the Sublessee, from commencing or prosecuting the replacement of the general partner or managing member pursuant to the terms of the Governing Agreement or other appropriate proceedings in the nature thereof, the Investor shall not be deemed for that reason to have failed to commence such proceedings or to have failed to diligently prosecute such proceedings, provided that the Investor use reasonable efforts to contest and appeal the issuance or continuance of any such process, stay or injunction. (h) Notwithstanding anything to the contrary set forth elsewhere in this Sublease, the Sublessor and the Sublessee hereby acknowledge and agree that the Investor shall be deemed a third -party beneficiary of the provisions of this Sublease which specifically grant the Investor rights and/or benefits, including, without limitation, those provisions which entitle the Investor to receive notice and exercise the right to cure. In connection therewith, the Investor may seek any and all remedies available to the Investor in order to enforce such provisions. 19. Miscellaneous. This Sublease shall inure to the benefit of and be binding upon the parties and their respective heirs, executors, legal representatives, successors and permitted assigns. This Sublease is governed by and shall be interpreted in accordance with the laws of the State of Florida. Neither this Sublease nor any provisions hereof or of the Master Lease may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought. 20. Grant of Quiet Enlovment. Sublessee, upon paying the Rent and Sublease Rent and performing in accordance with the terms, agreements, and provisions of this Sublease, shall peaceably and quietly have, hold and enjoy the Demised Premises during the term of this Sublease without interruption, disturbance, hindrance or molestation by Sublessor or by anyone claiming by, through or under Sublessor. 21. Recording. At Sublessee's behest, a Memorandum of this Sublease shall be recorded among the Public Records of Miami -Dade County, Florida, at the sole cost of Sublessee. 22. Sublessor's Covenants. Sublessor hereby covenants to and agrees with Sublessee that during the Term of this Sublease, Sublessor will not (a) amend, modify, cancel or terminate the Master Lease, or exercise any rights of the Sublessor thereunder in any way which materially diminishes the rights or increases the responsibilities of Sublessee, without the prior written consent of Sublessee, which consent may be withheld by Sublessee in Sublessee's sole and absolute discretion, or (b) take any action or omit to take any action which would cause a default in the Master Lease by Sublessor unless such default is caused by the default of the Sublessee hereunder. 57 72 23. Cooperation. Sublessor shall, from time to time, upon request from Sublessee, execute and deliver or cause to be made, executed and delivered to Sublessee, such further assurances and other documents as may be necessary or desirable in order to effectuate and/or complete the purposes and intents of this Sublease. (SIGNATURES APPEAR ON FOLLOWING PAGES) 58 73 IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this Sublease on the date stated at the beginning of this Sublease SUBLESEE: RGC Phase I, LLC, a Florida limited liability company By: Name: Title: Date: Attest: Manager of Manager Corporate Secretary/Notary Public Corpora Online Notary: 0 (Check Box if acknowledgment done by Online Notarization) Manager SUBLESSOR: Rainbow Redevelopment, LLC, a Florida limited liability company By: Name: Ma + A. Rieger Title: Date: Attest: Online Notary: 0 (Check Box if acknowledgment done by Online Notarization) ITO INCLUDE ACKNOWLEDGMENT FROM COUNTY APPROVING SUBLEASE' Project No. RFP-01296 ACTIVE 48486805v4 59 74 Signed, sealed and delivered in the presence of: Witness: Print Name: eto 0 14 crop, Witness: ` V' Print Name: kiikc,16,6 .f,1ni,u4.rri w SUBLESSEE: RGC PHASE I, LLC, a Florida limited liability company By: Name: Mat Title: Manager Date: Attest: Corporate Secretary/Notary Public Corporate Seal/Notary Seal ITO INCLUDE ACKNOWLEDGMENT FROM COUNTY APPROVING SUBLEASEI 75 IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this Sublease on the date stated at the beginning of this Sublease Signed, sealed and delivered In the presence of: Witness: ) Print Name: etc sL) 1041 crop Witness: Print Name: k);I,�n1a5%c1nLV�rr+'o. SUBLESSOR: RAINBOW REDEVELOPMENT, LLC, a Florida limited liability company By: Name: Matthew A 4- ger Title: Manager Date: 3 // 2C 2O Attest: Corporate Secretary/Notary Public Corporate Seal/Notary Seal (SIGNATURES CONTINUE ON FOLLOWING PAGES) 76 Project No. RFP-01296 ACTIVE 48486805v4 EXHIBIT "A" TO SUBLEASE ENTIRE LEASED PROPERTY .. LEGAL DESCRIPTION 60 77 EXHIBIT "B" TO SUBLEASE DEMISED PREMISES PHASE I - LEGAL DESCRIPTION Project No. RFP-01296 61 ACTIVE 48486805v4 CONSENT BY LANDLORD The undersigned Landlord and fee owner, MIAMI-DADE COUNTY, a political subdivision of the State of Florida, under that certain lease ("Lease") between , LLC, a Florida limited liability company (hereinafter called the "Sublessor") and , a (hereinafter called the "Sublessee"), upon the express understanding that: 1. Nothing contained in the Sublease shall be taken or construed to in any way modify, alter, waive or affect any of the terms, covenants, or conditions contained in the Master Lease with Tenant; and 2. There shall be no further assignment of the Master Lease, except in accordance with the terms and conditions of the Master Lease. Project No. RFP-01296 ACTIVE 48486805v4 MIAMI-DADE COUNTY, a political subdivision of the State of Florida By: Name: Title: Date: Attest: Clerk of the Board Approved as to form and legal sufficiency Terrence A. Smith Assistant County Attorney 62 79 MIAMI•QADE� COUNTY Public Housing and Community Development 701 NW 1st Court, 16th Floor Miami, FL 33136-3914 T 786-469-4100 • F 786-469-4199 miamidade.gov March 18, 2021 Mr. Cesar Garcia -Pons City of Miami Planning Director 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33131 Re: Rezoning Application PZ-20-7953 / 2000 NW 3rd Avenue (the "Property") Dear Mr. Garcia -Pons: As you may know, Housing Trust Group, LLC ("HTG") is the ground lessee of the above - referenced Property, which is owned by the Miami -Dade County (the "County") Public Housing and Community Development Department. In furtherance of HTG's efforts to redevelop the Property, HTG has applied to the City of Miami for a rezoning of the Property from T4-L to T5- 0 under City of Miami Process No. PZ-20-7953 (the "Rezoning Application"). Please accept this letter as a supplement confirming that the County is a Co -Applicant on the Rezoning Application, along with HTG. If you have any questions, please do not hesitate to contact me. Sincerely, Michael Liu, Director Enclosures cc: Kemarr L. Brown, LL.M, MA.IA, Assistant Director of Planning 3/24/2021 https://secure35.ipayment.com/Miami/my/0/print_version.htm?_DOUBLESUBMIT= QbwZJwdt0Xr4PYSp7YkR3dGwT7FpRoygb8QZb... Department of Finance Online Payments Receipt Your Reference Number: 2021083001-222 03/24/2021 1:27:59 PM Web_user TRANSACTIONS If you have a Transaction ID, please click here 2021083001-222-1 TRANS ID: 750198 BUSINESS NAME: COM Fee Payment FEE NAME: PUBLIC HEARING Fee Payment FEE NAME: PUBLIC HEARING Fee Payment FEE NAME: PUBLIC HEARING Fee Payment $7,702.50 - GOVERNMENTAL AGENCY - GOVERNMENTAL AGENCY - GOVERNMENTAL AGENCY FEE NAME: CONCURRENCY REVIEW - SCHOOL BOARD Fee Payment FEE NAME: PUBLIC HEARING - LU POLICY 1.5.4 Fee Payment $1,000.00 $1,000.00 $1,000.00 $150.00 $243.00 $13.50 FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - APPLIC ANT/APPEALLANT Fee Payment $1,296.00 FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHB ORS Fee Payment FEE NAME: PUBLIC HEARING - ADVERTISING PAYMENT American Express Credit Sale $3,000.00 TOTAL AMOUNT: $7,702.50 $7,702.50 CARD NUMBER: ***********8002 LAST NAME: Rie er I IIIIIII IIIII.IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIIIII IIIII IIIII IIII IIII https://secure35.ipayment.com/Miami/my/0/print_version.htm?_DOUBLESU BM IT= QbwZJwdt0Xr4PYSp7YkR3dGwT7FpRoygb8QZbGK4c%2f0%3d 1/2 3/24/2021 https://secure35.ipayment com/Miami/my/0/print_version.htm?_DOUBLESUBMIT= QbwZJwdt0Xr4PYSp7YkR3dGwT7FpRoygb8QZb... II II I II I II II I II II II I III II II I I I II I I I I I I III CE2021083001-222 https://secure35.ipayment.com/Miami/my/0/print_version.htm?_DOUBLESU BM IT= QbwZJwdt0Xr4PYSp7YkR3dGwT7FpRoygb8QZbGK4c%2f0%3d 2/2