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HomeMy WebLinkAbout25638AGREEMENT INFORMATION AGREEMENT NUMBER 25638 NAME/TYPE OF AGREEMENT COLLABORATIVE DEVELOPMENT CORPORATION DESCRIPTION MIAMI FOR EVERYONE LOAN AGREEMENT/NEW CONSTRUCTION OF A MIXED -USED RENTAL & CONDOMINIUM PROJECT 3710 GROVE LANDING /FILE ID: 16848/R-25-0064/MATTER ID: 24-2915K EFFECTIVE DATE June 26, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 6/26/2025 DATE RECEIVED FROM ISSUING DEPT. 7/1/2025 NOTE MIAMI FOR EVERYONE LOAN AGREEMENT FOR COLLABORATIVE DEVELOPMENT CORPORATION This Miami For Everyone ("MFE") Loan Agreement (this "Loan Agreement" or "Agreement") for 3710 Grove Landing is dated as of this g(D-1`aday of ,) unc , 2025, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter the "C" or "Lender") and COLLABORATIVE DEVELOPMENT CORPORATION, a Florida Not For Profit Corporation (hereinafter the "Borrower"). FUNDING SOURCE: MIAMI FOR EVERYONE PROGRAM FUNDS AMOUNT: Seven Million Two Hundred Thousand and 00/100 Dollars ($7,200,000.00) RESOLUTION: The City of Miami Housing and Commercial Loan Committee approvals of March 26, 2025, and City of Miami Resolution No. R- 25-0064 PROJECT NAME: 3710 Grove Landing PROJECT TYPE: New Construction of a Mixed -Use Rental and Condominium Project TERM: See Section 1.24 AFFORDABILITY PERIOD: Thirty (30) years commencing on the Closeout of the Project ASSISTED UNITS: IDIS NUMBER: ORACLE NUMBER: Sixty-three (63) units shall be MFE Assisted Units for eligible individuals and shall be allocated for Low Income Households and Workforce Income Households PROPERTY ADDRESS: 3710 Grand Ave., Miami, FL 33133; 3735 Washington Ave., Miami, FL 33133; 3442 SW 37th Ave., Miami, FL 33133; 3424 SW 37th Ave., Miami, FL 33133; 3714 Washington Ave., Miami, FL 33133; 3718 Washington Ave., Miami, FL 33133; and 3719 Thomas Ave., Miami, FL 33133. Page 1 of 41 EXHIBITS ATTACHED HERETO AND INCORPORATED HEREIN: Exhibit A Legal Description Exhibit B Scope of Work/Project Schedule Exhibit C Budget Exhibit D Form of Disbursement Agreement Exhibit E Affirmative Marketing Procedures and Responsibilities Exhibit F Form of Mortgage and Security Agreement Exhibit G Form of Declaration of Restrictive Covenants Exhibit H First Time Homebuyer Program Guidelines Exhibit I Signage Requirements Exhibit J . Additional Insurance Requirements Exhibit K Anti -Human Trafficking Affidavit Exhibit L Form of Rent Regulatory Agreement Schedule A Permitted Senior Financing RECITALS WHEREAS, the Borrower is acquiring the real properties (as defined below) described in Exhibit "A" (collectively, the "Property"). The Borrower is constructing a seventy (70) unit mixed use rental and condominium project to be known as 3710 Grove Landing (the "Project") that will increase the supply of Affordable housing units for Low Income Households and Workforce Income Households by providing additional Affordable rental units and homeownership housing units. WHEREAS, on February 27, 2025, the City Commission adopted Resolution No. R-25- 0064 approved the allocation of Miami For Everyone Program ("MFE") funds, in accordance with the terms and conditions of the HCLC Memo, in the amount of Seven Million Two Hundred Thousand and 00/100 Dollars ($7,200,000.00) for the acquisition of the Property; and WHEREAS, on March 26, 2025, the City's Housing and Commercial Loan Committee ("HCLC") approved the allocation of the MFE Funds (as hereinafter defined below) in the amount of Seven Million Two Hundred Thousand and 00/100 Dollars ($7,200,000.00) for the acquisition of the Property; and WHEREAS, the City and the Borrower intend and agree that the MFE Funds be subject to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: Page 2 of 41 ARTICLE I DEFINITIONS The City and the Borrower hereby agree that the capitalized terms used herein shall have the meanings set forth below unless the context requires otherwise: 1.1 Affordability Period: The Affordability Period for this Project will be thirty (30) years, commencing on the date that each homebuyer closes on the purchase of their Condominium unit and thirty (30) years, commencing on the Close -Out of the Project for the rental units. 1.2 Affordable: 1.3 Assisted Unit(s) or MFE Assisted Unit(s) or City Assisted Units: Means as follows: (i) a project or unit that satisfies the requirements set forth this Loan Agreement, the Covenant, and the Rent Regulatory Agreement; and (iii) as set forth in the City's Request for Proposals through which Borrower applied for the MFE Funds. Of the Project's total seventy (70) units, sixty-three (63) of the Affordable Units shall be MFE Assisted Units; The sixty-three (63) MFE Assisted Units shall be allocated for households with an Area Median Income ("AMI") between sixty percent (60%) and ninety-five percent (95%) (as further described herein). Of the total sixty-three (63) MFE Assisted Units, eighteen (18) of the MFE Assisted Units shall be rental units, of which fourteen (14) rental units shall be allocated for Low Income Households, and four (4) rental units shall be allocated for Workforce Income Households. Of the total sixty-three (63) MFE Assisted Units, forty-five (45) of the MFE Assisted Units shall be Condominium units and shall be allocated for households with AMI between seventy percent (70%) and ninety-five percent (95%), of which seven (7) Condominium units shall be allocated for Low Income Households, and thirty-eight (38) Condominium units shall be allocated for Workforce Income Households. Further restrictions apply to the MFE Assisted Units as provided in this Agreement, the Covenant, the other Loan Documents and the Legal Requirements, as applicable. The MFE Assisted Units shall remain Affordable throughout the Affordability Period. 1.4 Code: The Internal Revenue Code of 1986, as amended, and any successor statute, as it applies to low income housing credit Page 3 of 41 1.5 Covenant: 1.6 Close -Out of the Project or Project Completion: 1.7 Contract Records: dollar amounts, together with all applicable final, temporary proposed U.S. Treasury Regulations and Revenue Rulings thereunder. A Declaration of Restrictive Covenants executed by the Borrower and to be recorded in the Public Records of Miami -Dade County, Florida to ensure that all of the Project units will qualify and remain Affordable during the Affordability Period. The date on which the Project has obtained all of the required certificate(s) of occupancy, and: (i) all MFE Assisted Units have been sold to eligible homeowners, and HCD has accepted the Borrower's Financial Close -Out Package; and (ii) all rental MFE Assisted Units have been leased to eligible tenants. Any and all books, records, documents, information, data, papers, letters, memoranda, analyses, drawings materials, electronic storage data and media, whether written, printed, computerized, electronic or electrical, however collected or preserved which are or were produced, developed, maintained, completed, received or compiled by or at the direction of the Borrower or any Project contractor or subcontractor relating to the use of the MFE Funds in carrying out the duties and obligations required by the terms of this Agreement, including, but not limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. 1.8 Effective Date: The date on which this Agreement has been signed by the City Manager and attested to by the City Clerk. 1.9 FHFC Florida Housing Finance Corporation 1.10 HUD: The U.S. Department of Housing and Urban Development. 1.11 Legal Requirements: The requirements contained in City of Miami Resolution No. R-23-0178 adopted by the City of Miami Commission on April 13, 2023, and any and all exhibits and amendments thereto; City of Miami Resolution No. R-25-0064 adopted by the City of Miami Commission on February 27, 2025, and any and all exhibits and amendments thereto; the HCLC approval of March 26, 2025; and any requirements imposed Page 4 of 41 by the City and all local, state and federal requirements relating thereto and/or pertaining to the development, construction and/or operation of the Project under the MFE Program. 1.12 Low Income Household: A person or households with income at or below eighty percent (80%) of the median income for Miami -Dade County, Florida, as determined by FHFC, with adjustments and certain exceptions as provided in FHFC. 1.13 MFE Shall have the meaning set forth in the Recitals. 1.14 MFE Documents or Loan Documents: This Agreement and all other documents that may now or hereafter evidence or secure the MFE Funds, together with other documents executed in connection therewith or presented by the Borrower to the City in connection therewith or herewith, including but not limited to Exhibits D, F, G, H, L and the Note, and all amendments, extensions and renewals to any of the foregoing. 1.15 MFE Funds, or, the Loan: The loan in the amount of Seven Million Two Hundred Thousand and 00/100 Dollars ($7,200,000.00) from the City to the Borrower for Property acquisition. 1.16 MFE Program: 1.18 MFE Requirements: 1.18 Mortgage: The program guidelines passed and adopted on April 13, 2023 by the City of Miami Commission in Resolution No. R-23-0178, and any amendments thereto. The requirements contained in the following: (i) City of Miami Resolution No. R-23-0178 adopted by the City of Miami Commission on April 13, 2023, and any and all exhibits and amendments thereto; (ii) City of Miami Resolution No. R-25-0064 adopted by the City of Miami Commission on February 27, 2025; and (iii) any requirements as may be imposed by the City's Department of Housing and Community Development. The Mortgage and Security Agreement collateralizing the Loan, executed by the Borrower a copy of which is attached hereto and incorporated herein as Exhibit "F." 1.19 Note: The Promissory Note of even date herewith evidencing the Loan, executed by the Borrower in favor of the City. 1.20 Payment Date: Absent an event of default, the payment of the principal and any accrued interest on the loan will be deferred to the end Page 5 of 41 of the Affordability Period, at which time the principal and accrued interest are due and payable (if not due sooner by reason of acceleration). 1.21 Permitted Senior Financing: The loan(s) specified to be senior to the Loan as seen in Schedule A, attached hereto and incorporated herein, and shall include refinancing of such senior loans, provided that the amount of the refinancing loan(s) does not exceed the then outstanding loan amount of the loan being refinanced. 1.22 Project: 3710 Grove Landing is a new construction of two buildings consisting of mixed -use a multifamily building, on the properties located at 3710 Grand Ave, 3735 Washington Ave, 3442 SW 37th Ave, 3424 SW 37th Ave, 3714 Washington Ave, 3718 Washington Ave, 3719 3650 Florida Ave, all Miami, Florida 33133. The Project will consist of a total of seventy (70) units. Of the Project's total seventy (70) units, sixty-three (63) units shall be MFE Assisted Units that shall be occupied by eligible tenants and homeowners, as described herein, subject to the MFE Requirements and Loan Documents throughout the Affordability Period. Of the sixty-three (63) MFE Assisted units, forty-five (45) shall be sold to eligible homebuyers, as described herein and shall be comprised of three (3) studios/one-bathroom for Low Income Households; eleven (11) studios/one-bathroom for Workforce Income Households; nine (9) one-bedroom/one- bathroom units for Workforce Income Households; two (2) two-bedroom/one-half bathroom units for Low Income households; nine (9) two-bedroom/one-half bathroom units for Workforce households; two (2) three-bedroom/two- bathroom units for Low Income Households; nine (9) three- bedroom/two- bathroom units for Workforce Income Households. Of the sixty-three (63) MFE Assisted units, Eighteen (18) of the MFE Assisted. Units shall be MFE Assisted Units that shall be occupied by eligible tenants, as described herein, and shall be comprised of four (4) studios/one-bathroom for Low Income Households; one (1) studios/one-bathroom for Workforce Income Households; four (4) one-bedroom/one-bathroom units for Low Income households; one (1) one-bedroom/one-bathroom units for Workforce households; three (3) two-bedroom/one-half bathroom units for Low Income households; one (1) two- bedroom/one-half bathroom units for Workforce households; three (3) three-bedroom/two- bathroom units for Low Income Households; one (1) three-bedroom/two- Page 6 of 41 1.23 Property: 1.24 Term: 1.25 Workforce Income Household: bathroom units for Workforce Income Households. All sixty-three (63) Project units shall be MFE Assisted units and shall be subject to the MFE Requirements and the Loan Documents throughout the Affordability Period. The real property located at 3710 Grand Ave., Miami, FL 33133; 3735 Washington Ave., Miami, FL 33133; 3442 SW 37th Ave., Miami, FL 33133; 3424 SW 37th Ave., Miami, FL 33133; 3714 Washington Ave., Miami, FL 33133; 3718 Washington Ave., Miami, FL 33133; and 3719 Thomas Ave., Miami, FL 33133., all as legally described in Exhibit "A," attached hereto and incorporated herein (collectively, the "Property"). The period commencing on the Effective Date hereof and ending at the expiration of the Affordability Period, unless this Agreement is terminated sooner as provided for herein. A person or households with income at or below ninety-five percent (95%) of the median income for Miami -Dade County, Florida, as determined by FHFC, with adjustments and certain exceptions as provided in FHFC. ARTICLE II MFE FUNDS Upon satisfaction of all conditions set forth herein, the City shall disburse the MFE Funds to the Borrower for the purposes herein set forth. 2.1 USE OF FUNDS. The 3710 Grove Landing Project, is a new construction mixed use rental and Condominium Project consisting of a total of seventy (70) units, of which sixty-three (63) of the Affordable units shall be MFE Assisted Units. Of the total sixty-three (63) MFE Assisted Units, eighteen (18) of the MFE Assisted Units shall be rental units and forty-five (45) of the MFE Assisted Units shall be Condominium units. All sixty-three (63) project units will be MFE Assisted Units for Low Income Households and Workforce Income Households for a period of thirty (30) years, commencing at the Close -Out of the Project, subject to the terms of this Agreement and the Covenant. Further restrictions apply to the MFE Assisted Units as provided in this Agreement, the Covenant, the other Loan Documents and the Legal Requirements, as applicable. The MFE Assisted Units shall remain Affordable throughout the Affordability Period. The MFE funds shall be used for Property acquisition, in accordance with the Scope of Work attached hereto as Exhibit "B" and the Budget attached hereto as Exhibit "C". No portion of the MFE funds shall be used for operating expenses of the Project. Page 7 of 41 2.2 INTENTIONALLY OMITTED. 2.3. INTENTIONALLY OMITTED. 2.4. INTENTIONALLY OMITTED. 2.5 DISBURSEMENT. The MFE Funds shall be disbursed in accordance with the Budget attached hereto and incorporated herein as Exhibit "C" and in the manner set forth in that certain Disbursement Agreement of even date herewith, a copy of which is attached hereto and incorporated herein as Exhibit "D" (the "Disbursement Agreement"). Notwithstanding any provision herein or in any of the Loan Documents to the contrary, the MFE Funds shall not be available for disbursement hereunder until, the following: (i) an environmental clearance report, in a form satisfactory to the City ("Environmental Clearance Report"), is received by the City or confirmation of exempt status has been obtained for the Project; (ii) a current appraisal report of the Property made by a member of the American Institute of Real Estate Appraisers, in a form satisfactory to the City ("Appraisal Report"), is received by the City; and (iii) the City receives evidence that the Borrower has received the required upzoning to T4 or higher for the Property that is currently zoned at T3. This Agreement and the City's obligations hereunder and under any and all of the Loan Documents, including, but not limited to, the City's obligation to disburse MFE Funds hereunder, shall automatically terminate in the event that such Appraisal Report has not been obtained for the Property, the required upzoning to T4 or higher for the Property has not been received, and within six (6) months of the Effective Date hereof such Environmental Clearance Report or confirmation of exempt status has not been obtained for the Project. Borrower acknowledges and affirms that Ten Thousand and 00/100 Dollars ($10,000.00) of the MFE Funds was awarded to the Project for, and may be used by the City to cover, certain costs incurred by the City in connection with the Project. 2.6 REPAYMENT OF MFE FUNDS. Absent an Event of Default, payment of principal, and interest set forth in the Loan Documents shall not be required throughout the Affordability Period, however, commencing upon Close -Out of the Project and continuing until the expiration of the Affordability Period, interest on the MFE Funds outstanding shall accrue at the rate of zero percent (0%) per annum. The principal and any accrued interest will be deferred to the end of the thirty (30)-year Affordability Period, at which time the principal and accrued interest are due and payable, unless payable sooner upon acceleration as provided herein. Payment or reimbursement of the City's expenses as provided in Section 7.1 hereof shall not be deferred. This MFE Funds loan shall bear zero percent (0%) during the construction of the Project. Upon the Close -Out of the Project, the loan will be converted into permanent first-time homebuyer loans amongst the forty-five (45) homeownership Condominium units. Each homebuyer will then take on a portion of the MFE loan as a second mortgage. Each second mortgage will carry zero percent (0%) interest and will be non -amortizing. Each second mortgage will be a deferred payment 30-year loan whose principal will be forgiven at the end of maturity provided that the homeowner resides in the unit as their primary residence. Each homebuyer will have to comply Page 8 of 41 with the complete City of Miami First -Time homebuyer Program guidelines (attached hereto and incorporated herein as Exhibit "H"). 2.7 INTENTIONALLY OMITTED. ARTICLE III DISBURSEMENT REQUIREMENTS 3.1 CONDITIONS OF DISBURSEMENT OF MFE FUNDS. The City shall not be obligated to disburse the MFE Funds, in accordance with Exhibit "D," unless and until the City has received the following: 3.1.1 Title Insurance. A title insurance commitment issued by a title insurance company acceptable to the City identifying the City's insurable interest in the Property, together with copies of all instruments which appear as exceptions therein. The title commitment and policy shall be issued without exceptions, except for those exceptions permitted by the City, and shall include such affirmative coverage as the City shall require. 3.1.2 Survey. An original current survey of the Property made by a registered surveyor satisfactory to the City and the title company and containing such certifications as the City and the title company may require. 3.1.3 Zoning. Evidence that the Property and the proposed improvements received the required upzoning to T4 or higher for the Property that is currently zoned at T3 and comply with all applicable zoning ordinances. 3.1.4 Corporate Documents. (a) The operating agreement, or its equivalent, as appropriate, and a good standing certificate for the Borrower certified by the appropriate governmental authority. (b) Resolutions, and incumbency certificates, or, in the case of a limited liability company, their equivalent, if applicable, certified by the manager or other authorized signer, authorizing the consummation of the transactions contemplated hereby, all satisfactory to the City. (c) Evidence satisfactory to the City that the Borrower is qualified to receive funds under the MFE Program in accordance with the MFE Requirements. 3.1.5 Insurance Policies. The Borrower shall obtain and furnish evidence of insurance coverage as the City may require in connection with the Project, which shall be subject to review and approval by the City's Department of Risk Management. All such insurance shall require that the City be listed as an additional insured, with a loss payable clause in favor of the City. The Borrower shall be required to obtain and Page 9 of 41 furnish evidence of any other insurance coverage the City may reasonably require during the Term of this Agreement, including, but not limited to that described on Exhibit "J" attached hereto and made a part hereof. All such policies shall provide the City with a mandatory written notice of cancellation or material change from the insurer not less than thirty (30) calendar days prior to any such cancellation or material change, and all such policies shall be written by insurance companies satisfactory to the City. Failure of the Borrower to submit all required evidence of the specified insurance coverage fourteen (14) calendar days prior to the start of Project shall delay the disbursement of the MFE Funds. 3.1.6 Operative Documents. This Agreement, the Note, the Mortgage, the Covenant, the Disbursement Agreement, and all other Loan Documents shall be duly and lawfully executed by the Borrower, as applicable, and in recordable form, where appropriate. 3.1.7 Appraisal Report. A current appraisal of the Property made by a member of the American Institute of Real Estate Appraisers. 3.1.8 Intentionally Omitted. 3.1.9 Compliance with MFE Requirements. All other documents required by the MFE Program evidencing compliance with MFE Requirements. 3.1.10 Historic Preservation Review. All applicable requirements of the State of Florida Historic Preservation Department shall have been met prior to the disbursement of any funds hereunder. 3.1.11 Environmental Report. The Borrower shall submit all information requested by the City with respect to the Project including, but not limited to, Phase I and Phase II Environmental Assessment Reports, as applicable. 3.1.12 Audit Report. The Borrower shall submit to the City audit reports as are required herein. 3.1.13 Personnel Policies and Administrative Procedure Manuals. The Borrower shall submit detailed documents describing the Borrower's internal corporate organizational structure, property management and procurement policies and procedures, personnel management, accounting policies and procedures, etc. Such information shall be submitted to the City within thirty (30) calendar days of the execution of this Agreement and prior to the disbursement of any funds hereunder. 3.1.14 Certificate Regarding Lobbying. Such Certificate Regarding Lobbying as may be requested by the City. Page 10 of 41 3.1.15 Certificate Regarding Debarment, Suspension, and Other Responsibility Matters. Such Certificate Regarding Debarment, Suspension and Other Responsibility Matters as may be requested by the City. 3.1.16 Public Entity Crime Affidavit. Such Public Entity Crime Affidavit as may be required by the City. 3.1.17 Environmental Clearance. Project construction must not commence, or if construction had commenced at the time of application for MFE funds, construction must cease immediately, until City has conducted an environmental review and has issued a certification, or its functional equivalent, in writing, to Borrower. 3.1.18 Borrower Compliance. The Borrower (or any related entity) shall be in full compliance with the requirements of other funded City projects that are either under construction or in their affordability periods, including, but not limited to, the requirements of OMB Circular No. A-133 and any other reporting and insurance requirements imposed by the City for those projects. 3.1.19 Anti -Human Trafficking Affidavit. Such Anti -Human Trafficking Affidavit as required herein, attached hereto as Exhibit "K" and made a part hereof. 3.1.20 Delivery of Other Documents. All other documents reasonably required by the City. 3.2. This Agreement shall be governed by the insurance requirements set forth in Exhibit "J" and any applicable provisions set forth in Article III. ARTICLE IV MFE REQUIREMENTS The Borrower shall comply with the following MFE Requirements: 4.1 GENERAL. 4.1.1 The Borrower shall maintain current documentation that its activities qualify under the MFE Requirements and the MFE Program. 4.1.2 The Borrower shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with MFE Funds is an activity which benefits persons or households whose annual income is between sixty percent (60%) and ninety-five percent (95%) of the median income for the area, as determined by the FHFC with adjustments for smaller and larger families and with certain exceptions as provided by FHFC, or a person or household whose annual income between sixty percent (60%) and ninety-five percent (95%) of the median income for the area, as determined by FHFC with adjustments for smaller and larger families and with certain exceptions as provided by FHFC, for Page 11 of 41 Workforce Income Households/persons and Low Income Households/persons throughout the Affordability Period. 4.1.3 IN 1'ENTI ONALLY OMITTED 4.1.4 The Borrower shall agree in writing to comply with any and all requirements as may be set forth in the Site Environmental Clearance Statement executed in connection herewith. 4.1.5 The Borrower shall cooperate with the City in informing the appropriate citizen participation structures, including the appropriate area committees, of the activities of the Borrower in adhering to the provisions of this Agreement. Representatives of the Borrower shall attend meetings of the appropriate citizen participation committees/structures upon the request of citizen participation officers or the City. 4.1.6 INTENTIONALLY OMITTED. 4.1.7 The Borrower shall comply with all applicable displacement and relocation requirements. 4.2 REAL PROPERTY. 4.2.1 The following restrictions shall apply to all real property acquired or improved in whole or in part with MFE Funds. The property must either be: (a) Used in compliance with at least one of the MFE Programs, used in compliance with the Covenant, and used in compliance with the MFE Requirements, or (b) If not used in accordance with paragraph (a) above, then that shall constitute an event of default and Borrower shall pay to the City an amount equal to the amount of MFE Funds disbursed at the time of default plus accrued interest. 4.2.2 The following shall be a condition precedent to the execution and delivery of this Agreement and the other MFE Documents: All real property purchased in whole or in part with funds for this and previous Agreements with the City, or transferred to the Borrower after being purchased in whole or in part with funds from the City, shall be listed in the property records of the Borrower and shall include: a legal description; size; address and location; owner's name if different from the Borrower; information on the transfer or disposition of the property; and a map indicating whether property is in parcels, lots, or blocks and showing adjacent streets and roads. The property records shall describe the programmatic purpose for which the property was acquired and identify the MFE Program activity that will be completed. If the property was improved, the records shall describe the Page 12 of 41 programmatic purpose for which the improvements were made and identify the MFE Program activity that will be completed. 4.3 PERSONAL PROPERTY. Ownership of all non -expendable personal property purchased in whole or in part with MFE Funds given to the Borrower pursuant to the terms of this Agreement shall vest in the City. 4.3.1 Definitions. (a) Personal Property. Personal Property of any kind except real property: 1) Tangible. All personal property having physical existence. 2) Intangible. All personal property having no physical existence such as patents, inventions and copyrights. (b) Non -expendable Personal Property. Tangible personal property of a non- consumable nature, with a value of Five Hundred and 00/100 ($500.00) or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility, or another piece of equipment. (c) Expendable Personal Property. All tangible personal property other than non -expendable property. 4.3.2 Requirements. The Borrower shall comply with the non -expendable personal property requirements stated below: (a) All non -expendable personal property purchased in whole or in part with funds from this and previous contracts with the City shall be listed in the property records of the Borrower and shall include: a description of the property; location; model number; manufacturer's serial number; date of acquisition; funding source; unit cost; property inventory number; information on its condition; and information on the transfer, replacement, or disposition of the property. (b) All non -expendable personal property purchased in whole or in part with funds from this and previous contracts with the City shall be inventoried annually by the Borrower in an inventory report submitted to the City when and as requested by the City. The inventory report shall include the elements listed in Paragraph 4.3.2(a), above. 4.4 DISPOSITION. The Borrower shall obtain the prior written approval of the City for the disposition of real or personal property purchased in whole or in part with MFE Funds, and shall dispose of all such property in accordance with instructions from the City. Those instructions may require the return of all such property to the City. Page 13 of 41 4.5 GENERAL CONTRACTORS, SUBCONTRACTS AND ASSIGNMENTS. 4.5.1 The Borrower shall incorporate in all consultant and other subcontracts the following provision: [Borrower] is not responsible for any insurance or other fringe benefits, e.g., social security, income tax withholding, retirement or leave benefits, for the consultant or employees of the consultant that are normally available to direct employees of [Borrower]. The consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself/herself/itself and for employees retained by the consultant in carrying out the Scope of Work provided in this subcontract. 4.5.2 The Borrower shall be responsible for monitoring the contractual performance of all subcontracts. 4.5.3 The Borrower shall submit to the City for its review and confirmation any subcontract engaging any party who agrees to carry out any substantive programmatic activities, to ensure its compliance with the requirements of this Agreement. The City's review and confirmation shall be obtained prior to the release of any funds for the Borrower's subcontractor(s). 4.5.4 The Borrower shall receive written approval from the City prior to either assigning or transferring any obligations or responsibility set forth in this Agreement. 4.5.5 Approval by the City of any subcontract or assignment shall not under any circumstances be deemed to be the City's agreement to incur any obligations in excess of the total dollar amount agreed upon in this Agreement. 4.5.6 The Borrower and its subcontractors shall comply with the Copeland Anti -Kick Back Act, the Contract Work Hours and Safety -Standards Act, the Lead -Based Paint Poisoning Prevention Act, the Residential Lead Based Paint Hazard Reduction Act of 1992 (and implementing regulations at 24 C.F.R. Part 35) and any other applicable laws, ordinances and regulations. 4.5.7 The Borrower shall submit to the City for written prior approval all proposed Solicitation Notices, Invitations for Bids, and Requests for Proposals. 4.6 REPORTING OBLIGATIONS. The Borrower is subject to compliance reporting requirements related to previously funded City projects which are under construction or in the affordability period including applicable Office of Management and Budget (OMB) Circular(s) reporting and current insurance certificates. 4.6.1 The Borrower shall submit, as required by the City, the following: 4.6.1.1 Progress Reports. The Borrower shall submit status reports and projected completion dates to describe the progress made by the Borrower in achieving each Page 14 of 41 of the objectives identified in Exhibit "B." The Borrower shall also submit an Earned Income Report in such form as may be required by the City. Both the Progress Report and the Earned Income Report shall be provided to the City on a quarterly basis until the Project Completion. 4.6.1.2 Inventory Report. The Borrower shall report all real property and all non - expendable personal property as specified in Paragraphs 4.2 and 4.3 hereof. Such report shall be submitted as requested by the City. 4.6.1.3 Affirmative Action Plan. The Borrower shall report to the City such information relative to the equality of employment opportunities whenever requested by the City. 4.6.1.4 Assurance of Compliance with Section 504 of the Rehabilitation Act. The Borrower shall report on compliance with section 504 of the Rehabilitation Act, whenever requested by the City. 4.6.1.5 Affirmative Marketing Plan and Report. The Borrower shall report to the City annually on all actions taken to comply with the affirmative marketing requirements provided in Exhibit "E." 4.6.1.6 List of Subcontractors. The Borrower shall provide a list of all Project contractors and subcontractors, and copies of all contracts in excess of Ten Thousand and 00/100 Dollars ($10,000.00) for the performance of services or the supply of materials in connection with the Project. 4.6.1.7 Affordability Report. On February 1 (or on such other date that the City shall authorize in writing) of each year during the Affordability Period, the Borrower shall provide a report describing the previous year's compliance with the Affordability requirements set forth herein. The Affordability Report shall be accompanied by such substantiating documentation as the City shall request. 4.6.1.8 All such other reports as may be reasonably requested by the City. 4.6.2 Federal, State and County Laws and Regulations. 4.6.2.1 The Borrower shall comply with all applicable uniform administrative requirements as described in 24 C.F.R §570.502. 4.6.2.2 The Borrower shall carry out each activity in compliance with all Federal laws, regulations and requirements described in subpart K of 24 C.F.R. Part 570, except that the Borrower does not assume: (1) the City's environmental responsibilities described in Section 570.64 and, (2) the City's responsibility for initiating the review process under the provisions of 24 C.F.R. Part 52. Page 15 of 41 4.6.2.3 The Borrower shall comply with all applicable federal laws, regulations and requirements including, but not limited to: 24 C.F.R. Part 570; 24 C.F.R. Part 85, Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063, which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, which requires equal employment opportunity; and with the Energy Policy and Conservation Act (Pub. L. 94-163), which requires mandatory standards and policies relating to energy efficiency. 4.6.2.4 If the amount payable to the Borrower pursuant to the terms of this Agreement is in excess of One Hundred Thousand and 00/100 Dollars ($100,000.00), the Borrower shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 7401 et. seq.), as amended; the Federal Water Pollution Control Act (33 U.S.C. 1251), as amended; Section 508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency regulations (40 C.F.R. Part 15); and Executive Order 11738. 4.6.3 Audits, Other Information and Records. 4.6.3.1 The Borrower shall submit to the City an audit conducted by an independent certified public accountant or firm of independent certified public accountants in accordance with generally accepted auditing standards, including audited financial statements and a report on compliance with laws and regulations based on the audit of financial statements. Two copies of each such audit must be delivered to the City no later than six (6) months following the end of each Borrower fiscal year. Each such audited financial statement is to be for the twelve (12) months ending December 31 and shall include: a. Comparative Balance Sheet with prior year and current year balances; b. Statement of revenue and expenses; c. Statement of changes in fund balances or equity; d. Statement of cash flows; and e. Notes The financial statements shall be accompanied by a certification of the Borrower as to the accuracy of such financial statements. Page 16 of 41 Subject to paragraph 7.1(i), a late fee of Five Hundred and 00/100 Dollars ($500.00) will be assessed by the City for failure to submit any of the required audited financial statements or the certification each year as required. Upon request, the Borrower shall also furnish to the City unaudited financial statements of the Borrower certified by the Borrower's principal financial or accounting officer, covering such financial matters as the City may request, including without limitation, monthly statements with respect to the Project. 4.6.3.2 The Borrower shall ensure that the Contract Records shall be at all times subject to and available for full access and review, inspection or audit by the City and federal personnel and any other personnel duly authorized by the City. 4.6.3.3 The Borrower shall include in all Project subcontracts, each of the record keeping and audit requirements detailed in this Agreement. The City shall in its sole discretion determine when services are subject to the audit and recordkeeping requirements described above. 4.6.3.4 The Borrower shall include in all subcontracts to carry out any eligible substantive programmatic services, as such services are described in this Agreement and defined by the City, each of the record keeping and audit requirements detailed in this Agreement. The City shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and recordkeeping requirements described above. 4.7 RECORDS. The Borrower shall establish and maintain sufficient records to enable the City to determine whether the Borrower has met requirements of the MFE Program and this Agreement. The Borrower shall maintain all Contract Records in accordance with generally accepted accounting principles, procedures, and practices, which records shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the City pursuant to the terms of this Agreement. At a minimum, the following records shall be maintained by the Borrower: 4.7.1 Records providing a full description of each activity assisted (or being assisted) with MFE Funds, including its location (if the activity has a geographical locus), the amount of MFE Funds budgeted, obligated and expended for the activity, and the specific provision of the MFE Program under which the activity is eligible. 4.7.2 Records demonstrating that each activity undertaken meets at least one of the criteria set forth in the MFE Program. 4.7.3 Records that demonstrate compliance with all applicable requirements relating to the use of real property acquired or assisted with MFE Funds. Page 17 of 41 4.7.4 Records that demonstrate compliance with all applicable requirements relating to acquisition, displacement, relocation and relocation housing. 4.7.5 Records containing data on the extent to which each racial and ethnic group and single -headed households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with MFE Funds. 4.7.6 Records containing data indicating the race and ethnicity of households (and gender by single heads of household) displaced as a result of MFE funded activities, together. with the address and census tract of the housing units to which each displaced household relocated. 4.7.7 Intentionally Omitted. 4.7.8 Data indicating the racial/ethnic character of each business entity receiving a contract or subcontract of $25,000 or more paid, or to be paid, with MFE Funds, and such additional information as is required pursuant to 24 C.F.R §570.506(g)(6). 4.7.9 Financial records in accordance with the applicable requirements listed in 24 C.F.R. §570.502. 4.7.10 Records required to be maintained in accordance with other applicable laws and regulations including but not limited to those that are set forth in Subpart K of 24 C.F.R. part 570. 4.8 RETENTION AND ACCESSIBILITY OF RECORDS. 4.8.1 The City shall have the authority to review the Contract Records throughout the Retention Period (as hereinafter defined). All books of account and supporting documentation shall be kept by the Borrower at least until the expiration of the Retention Period. The Borrower shall maintain records sufficient to meet the requirements of 24 C.F.R. Part 570. All records and reports required herein shall be retained and made accessible as provided hereunder. The Borrower shall ensure that the Contract Records shall be at all times subject to and available for full access and review, inspection and audit by the City and any other personnel duly authorized by the City. Page 18 of 41 ARTICLE V REPRESENTATIONS AND WARRANTIES OF THE BORROWER The Borrower represent and warrant to the City as follows: 5.1 ORGANIZATION AND EXISTENCE. The Borrower is a Florida Non -Profit Corporation 501-3c duly organized, validly existing and in good standing under the laws of the State of Florida, and has full power and authority to conduct its business as presently conducted, to receive the MFE Funds and operate the Project. The Project shall comply with all applicable MFE Requirements. The Borrower has full power and authority to perform the provisions hereof and of its agreements and undertakings with the City and to perform the transactions contemplated hereby, and such execution and performance have been duly authorized by all necessary corporate or other approvals and actions. 5.2 CORRECTNESS OF DOCUMENTS. The cost estimates, Budget, schedules, and all other documents furnished to the City in accordance with the MFE Program, this Agreement, and/or the other MFE Documents, are true and correct in all material respects and accurately set forth the facts contained therein and neither misstate any material fact, nor, separately or in the aggregate, fail to state any material fact necessary to make the statements made therein not misleading. 5.3 ABSENCE OF PROCEEDINGS, ACTIONS AND JUDGMENTS. There are no conditions, circumstances, events, agreements, documents, instruments, restrictions, actions, suits or proceedings pending or threatened against or affecting the Borrower, the Project or the Property which could adversely affect the Borrower's ability to comply with the MFE Program, complete or operate the Project or to perform its obligations hereunder or which would constitute an Event of Default hereunder or under the other MFE Documents regardless of the giving of notice or the passage of time or both. There are no outstanding or unpaid judgments or arbitration awards against the Borrower. 5.4 NON -DEFAULT. The Borrower is not in default or violation with respect to any Legal Requirement, nor is it in default under or in material breach of any instrument or agreement to which it is a party or by which it otherwise may be bound. The execution and delivery of this Agreement and the other MFE Documents, the consummation of the other transactions contemplated hereby, and the development of the Project as contemplated hereby and by the other MFE Documents: (i) do not and will not conflict with or result in violation of any Legal Requirement or in the breach or default under any indenture, contract, agreement or other instrument to which the Borrower is a party or by which it may be bound; and (ii) have been duly authorized by all necessary actions and approvals, whether corporate or otherwise. 5.5 VALID OBLIGATIONS. This Agreement and all of the other MFE Documents, when executed and delivered, shall constitute the duly authorized, legal, valid and binding obligations of the Borrower and will be enforceable in accordance with their respective terms. 5.6 MARKETABLE TITLE. The Borrower has good and marketable leasehold title to the Property, subject only to: (a) the exceptions and other matters set forth in that certain Title Page 19 of 41 Insurance Commitment Number 1647043 issued by Old Republic National Title Insurance Company, effective as of May 21, 2025 at 11:00 pm, as endorsed. (collectively, the "Title Commitment and Exceptions"); and (b) from time to time, the granting of utility and similar easements on a non -material portion of the Property to utility and similar service providers for the installation and maintenance of utility and similar service equipment and components. 5.7 COMPLIANCE. The completion and use of the Project in accordance with the Scope of Work will comply fully with all Legal Requirements, and with all limitations on the use of the Project, or any other condition, grant, easement, covenant, or restriction, whether recorded or not. All necessary approvals, permits and licenses for the construction, operation, and use of the Project have been unconditionally obtained and are in full force and effect, or if the present state of construction of the Project does not allow such issuance, then such approvals, permits and licenses will be issued when the Project is completed. 5.8 ENCROACHMENTS. When completed in accordance with the Scope of Work, the Project will not encroach upon any building line, setback line, side yard line, or other recorded or visible easements or other easements of which the Borrower is aware which exists (or which the Borrower has reason to believe may exist) with respect to the Project. 5.9 SCOPE OF WORK. The Scope of Work is complete in all respects, and contains all details requisite for the Project which, when built and equipped in accordance therewith, shall be ready for the intended use and occupancy thereof. 5.10 LEASES. There are no leases, tenancies, licenses or agreements for use of any part of the Property other than as specifically disclosed to and approved by the City, which, for avoidance of doubt (and which the City hereby acknowledges and agrees), are limited to the leases for the rental of each MFE Assisted Unit each which may be entered into from time to time. 5.11 PENDING ASSESSMENTS. The Borrower has no knowledge of any pending or proposed governmental action that would impair the operation or value of the Project or result in a special assessment against the Project. 5.12 WASTE. The Borrower shall not commit nor suffer waste nor negligence on the Project. 5.13 FRAUD. No fraud by the Borrower has occurred in the qualification of the Project, the Borrower, the Borrower, and/or the Property under the MFE Program, the negotiation of this Agreement and the other MFE Documents, nor in the transactions contemplated hereby. 5.14 NO CASUALTY. No part of the Property and/or the Project has been damaged or has been subjected to condemnation or other proceedings, and no such proceedings have been threatened. 5.15 NO CHANGES. There have been no material adverse changes in projected costs and expenses of or from the Project or in the occupancy of the Property or any other features of the transactions contemplated hereby as submitted to the City. Page 20 of 41 5.16 COMPLIANCE WITH LAWS AND REGULATIONS. The Borrower will comply at all times with all Legal Requirements. The Borrower will comply at all times with the MFE Requirements affecting the ownership, use, construction, lease and operation of the Project. 5.17 OTHER PROJECT FINANCING. The Borrower has not applied for nor received, and does not otherwise have available, in connection with the Project any other financing/funding, except for those funds, loans and/or loan commitment previously identified in writing to, and approved by, the City as set forth in the attached Schedule A ("Permitted Senior Financing"). 5.18 REAFFIRMATION. Each of the representations and warranties set forth in this Article shall be true at all times, and the Borrower's acceptance of each draw of the MFE Funds hereunder shall be deemed to be a reaffirmation of each of the representations and warranties given in this Agreement. ARTICLE VI BORROWER'S OBLIGATIONS 6.1 SCOPE OF WORK. The Borrower shall perform the Scope of Work as set forth herein and on Exhibit "B" attached. The MFE Funds shall be used exclusively for Project related construction costs, in accordance with the budget for such costs as approved by the City. The Borrower shall: (a) commence construction within six (6) months from the Effective Date of this Agreement; (b) obtain all certificates of occupancy required for the Project within eighteen (18) months from the Effective Date of this Agreement; (c) have all MFE Assisted Units rented and sold within twelve (12) months after the issuance of Project's certificate(s) of occupancy, but in no event later than thirty-six (36) months from the Effective Date; and (d) have the Project inspected by an authorized City Inspector and receive the appropriate clearance or certification that the construction/rehabilitation work adheres to and conforms with the applicable City, county or state requirements, including, without limitation, applicable building code requirements. The Borrower shall: (a) meet all of its obligations hereunder and under all of the Loan Documents executed in connection herewith, (b) sell all City Assisted Units to persons or households whose annual income is between sixty percent (60%) and ninety-five percent (95%) of the median income for the area, as determined by the FHFC with adjustments for smaller and larger families and with certain exceptions as provided by FHFC, (c) throughout the Affordability Period, sell all of the Project units to persons or households whose annual income is between sixty percent (60%) and ninety-five percent (95%) of the median income for the area, as determined by the FHFC with adjustments for smaller and larger families and with certain exceptions as provided by FHFC, for Low Income Households in accordance with the requirements of this Agreement, and the other Loan Documents; and (d) throughout the Affordability Period, comply with all applicable Legal Requirements and all applicable requirements hereof and in the other Loan Documents. 6.2 REPORTING OBLIGATIONS. The Borrower shall submit to the City all reports as described in Article 4 hereof, and all other reports that the City may reasonably require, in such Page 21 of 41 form, manner, and frequency as the City may require to monitor the progress of the Project and the Borrower's performance and compliance with this Agreement and all Legal Requirements. 6.3 RETENTION OF RECORDS. The Borrower shall retain all Contract Records for five (5) years after expiration of the Affordability Period (hereinafter referred to as "Retention Period") subject to the limitations set forth below: (a) If the City or the Borrower has received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the activities relating to the Project or the Scope of Work or under the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of the City, fully, completely and finally resolved. (b) The Borrower shall allow the City or any person authorized by the City full access to and the right to examine any of the Contract Records during the Retention Period. (c) The Borrower shall notify the City in writing, both during the pendency of this Agreement and after its expiration termination, as part of the final closeout procedure, of the address where all Contract Records will be retained. 6.4 PROVISION OF RECORD. All of the Contract Records are subject to the provisions of Chapter 119, Florida Statutes, commonly referred to as the "Public Records Law." Should Borrower determine to dispute any public access provision required by Florida Statutes, then Borrower shall do so at its own expense and at no cost to the City. IF BORROWER HAS QUESTIONS REGARDING THE APPLICATION OF CHAP 1ER 119, FLORIDA STATUTES, TO BORROWER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT AS A PUBLIC CONTRACT, PLEASE CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER 305-416-1800, EMAIL: PUBLICRECORDS@MIAMIGOV.COM, AND MAILING ADDRESS: PUBLIC RECORDS CIO OFFICE OF THE CITY ATTORNEY, 9TH FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130 OR THE CITY'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT'S CUSTODIAN OF RECORDS AT 14 NORTHEAST 1ST AVENUE, 2ND FLOOR, MIAMI, FLORIDA 33132. The Borrower shall provide to the City, upon request, all Contract Records. The requested Contract Records shall become the property of the City without restriction, reservation, or limitation on their use and shall be made available by the Borrower at any time upon request by the City. The City shall have the unlimited right to all books, articles, or other copyrightable materials developed in the performance of this Agreement, including, but not limited to, the right of royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the Contract Records for public purposes. If the Borrower receives funds from, or is under regulatory control of, other governmental agencies and those agencies issue monitoring reports, regulatory examinations, or other similar Page 22 of 41 reports, the Borrower shall provide a copy of each such report and any follow-up communications and reports to the City immediately upon such issuance unless such disclosure is a violation of those agencies' rules. 6.5 PRIOR APPROVAL. The Borrower shall obtain the City's prior written approval prior to undertaking any of the following with respect to the Borrower, the Project and/or the Property: (a) Except for the Permitted Senior Financing, the sale, assignment, pledge, transfer, hypothecation or other encumbrance or disposition of any proprietary or beneficial interest in the Borrower, the Project, or the Borrower's estate in the Property, or any change in the operating control of the Borrower, which shall require the prior approval of the City's HCLC or the City Commission, as appropriate. (b) The disposition of any real property or any expendable personal property or non - expendable personal property as provided in Article 4, except for personal property that suffers wear and tear and needs replacement, and is replaced. (c) INTENTIONALLY OMITTED (d) Any proposed Solicitation Notice, Invitation, for Bids or Request for Proposals relating to the use of the MFE Funds if MFE Funds are used for these purposes. (e) The disposal of any Contract Records during the Retention Period. (f) INTENTIONALLY OMITTED 6.5.1 DISCRETION. The Director of the Department of Housing and Community Development of the City of Miami shall have the discretion to approve and authorize, by way of Memorandum to the City Manager, the execution of necessary documents to further Project Close - Out, provided, however, that no material terms are affected. 6.6 MONITORING. The Borrower shall permit the City and other persons duly authorized by the City to inspect all Contract Records, facilities, goods, and activities of the Borrower that are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or to interview any clients, employees, subcontractors, or assignees of the Borrower. Following such inspection or interviews, the City will deliver to the Borrower a report of its findings. The Borrower will rectify all deficiencies cited by the City within the period of time specified in the report, or provide the City with a reasonable justification for not correcting the deficiencies. The City will determine, in its sole and absolute discretion, whether or not the Borrower's justification is acceptable. 6.7 CONFLICT OF INTEREST. A. The Borrower is aware of the conflict of interest laws of the City of Miami (Code of the City of Miami, Florida, Chapter 2, Article V), of Miami -Dade County, Florida (Code of Miami -Dade County, Florida, Section 2-11.1), and of the State of Florida (as set forth in Florida Page 23 of 41 Statutes), and agrees that it will fully comply in all respects with the terms thereof and any future amendments. B. The Borrower covenants that no person or entity under its employ presently exercising any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with the City. The Borrower further covenants that, in the performance of this Agreement, no person or entity having such conflicting interest shall be utilized in respect to the Scope of Work or services provided hereunder. Any such conflict of interest(s) on the part of the Borrower or its employees or associated persons or entities must be disclosed to the City. C. The Borrower shall disclose any possible conflicts of interest or apparent improprieties of any party under or in connection with the Legal Requirements, including the standards for procurement. D. The Borrower shall make any such disclosure to the City in writing and immediately upon the Borrower's discovery of such possible conflict. The City's determination regarding the possible conflict of interest shall be binding on all parties. E. No employee, agent, consultant, elected official or appointed official of the City, exercising any functions or responsibilities in connection with the City's MFE Program or this Agreement, or who is in a position to participate in the decision -making process or gain inside information regarding MFE-assisted activities, has any personal financial interest, direct or indirect, in this Agreement, the proceeds hereunder, the Project or the Borrower , either for themselves or for those with whom they have family or business ties, during their tenure or for one year thereafter. 6.8 RELATED PARTIES. The Borrower shall report to the City the name, purpose for and any other relevant information in connection with any related -party transaction. The term "related party transaction" includes, but is not limited to, a transaction or relationship between the Borrower and a for -profit or nonprofit subsidiary or affiliate organization, an organization with an overlapping board of directors, and an organization for which the Borrower is responsible for appointing memberships. The Borrower shall report this information to the City upon forming the relationship, or if already formed, shall report such relationship prior to or simultaneously with the execution of this Agreement. Any supplemental information shall be promptly reported to the City no later than in the next required Progress Report, as described above. 6.9 PUBLICITY AND ADVERTISEMENTS. The Borrower shall ensure that all publicity and advertisements prepared and released for the Project, by the Borrower, such as pamphlets and news releases, related to activities funded by this Agreement, and all events carried out to publicize the accomplishments of any activities funded by this Agreement, recognize the City as one of its funding sources. 6.10 ADDITIONAL FUNDING. The Borrower shall notify the City of any additional funding received for any activity described in this Agreement. Such notification shall be in writing and Page 24 of 41 received by the City within thirty (30) calendar days of the Borrower's notification by the funding source. 6.11 REVERSION OF ASSETS. The Borrower shall return to the City upon the expiration or termination of this Agreement any MFE Funds on hand, any accounts receivable attributable to the MFE Funds, and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the Borrower by the City. Any funds not earned by the Borrower prior to the expiration or termination of this Agreement shall be retained by the City. The Borrower shall also automatically transfer to the City the Property acquired with the MFE Funds if the Project has not begun construction within eighteen (18) months of acquisition of the Property, unless Borrower secures a time extension from HCLC sixty (60) in advance of eighteen (18) months deadline. 6.12 REPAYMENT OF FUNDS PROCEDURES. The Borrower shall repay to the City all funds received by the Borrower pursuant to this Agreement all unpaid interest accrued thereon, and all unpaid fees, charges and other obligations of the Borrower due under any of the Loan Documents, as provided therein. 6.13 AFFIRMATIVE MARKETING. The Borrower shall comply with the affirmative marketing requirements and procedures provided on Exhibit "E." Borrower shall comply with the requirements of the affordable housing notice to City Officials in City of Miami Ordinance #13491. 6.14 INTENTIONALLY OMITTED. 6.15 SIGNAGE, ACKNOWLEDGEMENT, PUBLICITY. During the Term of this Agreement, the Borrower shall furnish signage identifying the Project and shall acknowledge the contribution of the City by incorporating the seal of the City and the names of the City commissioners and officials in and on all documents, literature, pamphlets, advertisements, and signage, permanent or otherwise. All such acknowledgments shall be in a form acceptable to the City, as provided on Exhibit "I". The Borrower shall ensure that all publicity and advertisements related to the Project which are prepared by or at the direction of the Borrower, such as pamphlets and news releases, and all events carried out to publicize the Project, shall recognize the City as one of the Project's funding sources. 6.16 AFFIRMATIVE ACTION. The Borrower shall not discriminate on the basis of race, color, national origin, sex, religion, age, sexual orientation, marital or family status or handicap/disability in connection with its performance under this Agreement or in connection with the construction of the Project or the occupancy of any Project unit. Age discrimination and discrimination against minor dependents are also not permitted. The Borrower shall meet the fair housing requirements of 24 C.F.R. § 570.904. Page 25 of 41 6.17 MAINTENANCE OF LEGAL EXISTENCE AND AUTHORITY. Borrower shall maintain its existence as a limited liability company and authority to conduct its business under the laws of the State of Florida and the Code of the City, as amended from time to time. 6.18 COMPLIANCE REQUIREMENTS. The Borrower shall comply at all times with all applicable MFE Requirements including, but not limited to, those affecting the ownership, construction, use, and operation of the Project, and all other Legal Requirements. The Borrower shall at any time and from time to time upon the request of the City, at Borrower's sole cost and expense, execute, acknowledge and deliver such further notices and other documents and perform such other acts as may, in the opinion of the City, be necessary, desirable or proper to carry out more effectively the purposes of this Agreement and the other Loan Documents. 6.19 COMPLIANCE WITH SAFETY PRECAUTIONS. The Borrower shall allow City inspectors, agents or representatives the ability to monitor its compliance with safety precautions as required by federal, state or local laws, rules, regulations and ordinances. By performing these inspections, the City, its agents, or representatives are not assuming any liability by virtue of such laws, rules, regulations and ordinances. The Borrower shall have no recourse against the City, its agents, or representatives for the occurrence, non-occurrence or result of such inspection(s). Simultaneously with the submission of its first draw request to the City, the Borrower shall contact the City's Risk Management Department Safety Unit in writing to coordinate such inspection(s). The Borrower shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines and standards. 6.20 DRAW REQUESTS. All disbursement requests must be made in accordance with the terms and conditions set forth in the Disbursement Agreement. 6.21 INSURANCE PROCEEDS. Notwithstanding anything to the contrary contained herein or in the other Loan Documents, the Borrower may make insurance proceeds available for the restoration and repair of the Property and the Project if all of the following conditions are met: the Borrower is not in breach or default of any provision of the Mortgage or any other loan document between the Borrower and Lender; (ii) the Borrower determines that there will be sufficient funds, through insurance proceeds and contributions by the Borrower, to (a) restore and repair the Property and the Project to a condition as close as reasonably possible to what previously existed, and (b) meet all operating costs and other expenses, payments for reserves and loan repayment obligations relating to the Property and the Project until completion of the restoration and repair of the Property and/or the Project to a condition as close as reasonably possible to what previously existed; (iii) the Borrower has received the City's written concurrence with such determination. Page 26 of 41 6.22 CONDEMNATION PROCEEDS. Notwithstanding anything to the contrary contained herein or in the other Loan Documents, the Borrower may make proceeds of condemnation available for the restoration and repair of the Property and the Project if all of the following conditions are met: (i) the Borrower is not in breach or default of any provision of the Mortgage or any other Loan Document; (ii) the Borrower determines that there will be sufficient funds, through condemnation proceeds and contributions by the Borrower, to (a) restore and repair the Property and the Project to a condition as close as reasonably possible to what previously existed, due consideration given to the portion of the Property and the Project taken, and, (b) meet all operating costs and other expenses, payments for reserves and loan repayment obligations relating to the Project until completion of the restoration and repair of the Property and the Project to a condition as close as reasonably possible to what previously existed, due consideration given to the portion of the Property and the Project taken; and (iii) the Borrower have received the City's written concurrence with such determination. ARTICLE VII DEFAULT 7.1 The happening of any one or more of the following events shall constitute an Event of Default: (a) In the event any of the MFE Assisted Units fails to remain Affordable at any time during the Affordability Period, the Borrower's failure to initiate action to cure such non-compliance within five (5) business days of receipt of knowledge of the same. (b) If any term, condition or representation contained in this Agreement or any of the other MFE Documents is untrue, substantially inaccurate or incomplete, or, if there is a material misrepresentation of fact or fraud contained in any document(s) submitted in support of this Agreement. (c) The substantial discontinuance of the construction of the Project for a period of twenty-one (21) calendar days which discontinuance is, in the sole reasonable determination of the City, without satisfactory cause and not due to an instance of Force Majeure. Force Majeure is defined under this Agreement wherein the performance or non-performance of an obligation is delayed, caused or prevented by an act of God. An "act of God" is defined as hurricanes, floods, fire, wars, strikes and any other similar physical/tangible causes not reasonably within the control of the parties to this Agreement and which by the exercise of due diligence the non- performing party is unable in whole or in part to prevent or overcome. This twenty- one (21) calendar day time period will be extended for the period of time that the force majeure or act of God is in place. (d) Except for Permitted Senior Financing, and for permitted transfers as set forth in Section 6.5(f) above, the sale, assignment, pledge, transfer, hypothecation or other encumbrance or disposition of any proprietary or beneficial interest in the Borrower, the Project or the Property, or any change in operating control of the Page 27 of 41 Borrower without the prior approval of the City's HCLC or the City Commission, as appropriate. (e) In the event that the City determines, in its reasonable discretion, that the Project is not being constructed in a good and workmanlike manner in accordance with the Scope of Work, or that the Borrower is failing to comply promptly with any requirement or notice of violation of law issued by or filed by the City or any department of any governmental authority having jurisdiction over the Borrower, or the Property. (i) Failure of the Borrower to comply with any term, provision, covenant or obligation of this Agreement or any of the Loan Documents, or the occurrence of an event of default under any of the other Loan Documents. Any change in zoning requirements or zoning classification of the Property, which in the City's sole discretion would materially interfere with the completion of Project construction or the ultimate operation of the Project as contemplated herein. In the event that the City determines, in its reasonable discretion, that there exists an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the Borrower to the City, direct or contingent, whether now or hereafter due, existing, created or arising. Notwithstanding anything to the contrary, in the event that Borrower fails to timely deliver, to City, the required audited financial statement(s), then City, in its sole and absolute discretion, may deem such a failure to be a. material non -curable breach of this Agreement. In such an event, City will notify Borrower by a written communication. If City determines, in its sole and absolute discretion, that it will not exercise its right under this paragraph 7.1(i), then paragraph 4.6.3.1 shall govern untimely delivered audited financial statement(s). (j) In the event that Borrower fails to timely deliver, to City, the Affordability Report, as described in 4.6.1.7 herein. (k) Borrower declares bankruptcy and/or becomes insolvent, which shall result in immediate acceleration of the loan's repayment in full. (1) City and Borrower acknowledge that a senior mortgage default constitutes a an Event of Default under this Loan Agreement and the other Loan Documents. In such an event, City may pursue any and all of its remedies, including but not limited to an Acceleration of Debt, as described below. ARTICLE VIII REMEDIES Page 28 of 41 8.1 Upon the occurrence of any Event of Default, the City shall have the absolute right to refuse to disburse any undisbursed portion of the Loan. The City shall provide written notice of the occurrence of an Event of Default to the Borrower, after which the Borrower shall have thirty (30) calendar days to cure said default (except for the events described in Section 7.1 (b) and (d) and possibly (i) above for which the aforementioned cure period shall not apply). In the event a default which is permitted to be cured cannot practicably be cured within thirty (30) days, the Borrower shall have such additional time as may be required to effect a cure, so long as (a) the cure is commenced within thirty (30) calendar days and is diligently prosecuted and (b) the lack of a cure during such continuing cure period has no material adverse effect on the Project. If an Event of Default shall continue uncured for a period of thirty (30) consecutive days following written notice thereof to the Borrower (except for the events described in Section 7.1 (LI') and () and possibly (i) above for which the aforementioned cure period shall not apply and except for cures which are continuing as provided in the preceding paragraph), and subject to the provisions of the last paragraph of this Section, the City shall have the absolute right, at its option and election and in its sole discretion to: (a) Specific Performance. Institute appropriate proceedings to specifically enforce performance of the terms and conditions of this Agreement; (b) Acceleration of Debt. It is expressly agreed that the full amount of both principal and interest due pursuant to the Note shall become due and payable at the option of the City on the happening of any Event of Default under the terms of this Loan Agreement. (c) Other Remedies. Exercise any other right, privilege or remedy available to the City as may be provided by applicable law, or in any of the other MFE Documents. It is understood and agreed that the occurrence of an event of default under Section 7.1 (b) or (d) or possibly (i) shall immediately entitle the City to exercise any of the above described remedies without the need to give the Borrower notice thereof or the opportunity to cure. The rights and remedies of the City hereunder shall be cumulative and not mutually exclusive, and the City may resort to any one or more or all of said remedies without exclusion of any other. No party other than the City, whether the Borrower or a material man, laborer, subcontractor or supplier, shall have any interest in the MFE Funds withheld because of a default hereunder, and shall not have any right to garnish or require or compel that payment thereof be applied toward the discharge or satisfaction of any claim or lien which any of them may have. 8.2 In addition to any other remedies provided for herein or in any of the other Loan Documents, upon the occurrence of an Event of Default: Page 29 of 41 (a) All sums outstanding under the Note shall bear interest at the highest rate allowable by law from the date of disbursement, without notice to the Borrower or any guarantor or endorser of the Note and without any affirmative action or declaration on the part of the City; (b) The Restrictive Covenant shall remain as a restriction on the Property throughout the Affordability Period; and (c) The Borrower, Borrower, Project developer, managing partner(s) of the Borrower, and/or other individuals, principals and/or other entities as determined by the City, will be debarred from receiving any City funding for a period of five (5) years. ARTICLE IX INDEMNIFICATION 9.1 The Borrower shall indemnify, hold harmless, and defend the City, its officers, agents, directors, and/or employees, from any and all liabilities, claims, damages, losses, suits, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Borrower and persons employed or utilized by Borrower in the performance of this Agreement. Borrower shall, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Borrower shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Borrower expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Borrower shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The Borrower shall further require its contractors to indemnify, hold harmless and defend the City, its officers, agents, directors, and/or employees against any and all liabilities, claims, damages, suits, judgments and costs, including attorney's fees arising out of, or resulting from the contractor's negligence or omissions in connection with this project. The indemnification provided above shall obligate the Borrower to defend, at its own expense, to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City whether performed by the Borrower, or persons employed or utilized by Borrower. This indemnity will survive the cancellation or expiration of the Agreement. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes, as applicable. Page 30 of 41 The Borrower agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Borrower in which the City participated either through review or concurrence of the Borrower's actions. In reviewing, approving or rejecting any submissions by the Borrower or other acts of the Borrower, the City in no way assumes or shares any responsibility or liability of the Borrower or Sub -contractor under this Agreement. ARTICLE X TERMINATION The Borrower acknowledges that this Agreement may be terminated if the Borrower materially fail to comply with the terms contained herein. 10.1 TERMINATION BECAUSE OF LACK OF FUNDS. In the event the City does not receive from its funding source funds to finance this Agreement, or in the event that the City's funding source de -obligates the funds allocated to finance this Agreement, the City may terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the Borrower. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. The City shall determine, in its sole and absolute discretion, whether or not funds are available. 10.2 TERMINATION FOR BREACH. The City may terminate this Agreement, in whole or in part, in the event, the City determines, in its sole and absolute discretion, that either the Borrower is not making sufficient progress with regard to the Project's construction (thereby endangering its ultimate performance .under this Agreement) or is not materially complying with any term or provision of this Agreement, following the giving of notice and the expiration of all applicable cure periods. The City may terminate this Agreement, in whole or in part, in the event that the City determines, in its reasonable discretion, that there exists an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the Borrower to the City, direct or contingent, whether now or hereafter due, existing, created or arising, which event of default has continued beyond any applicable cure period. The City may terminate this Agreement, in whole or in part, in the event that the City determines, in its sole and absolute discretion, that there exists an event of default under and pursuant to the terms of any other agreement or obligation of any other Borrower or of any individual or entity executing this Agreement, to the City, direct or contingent, whether now or hereafter due, existing, created or arising, which event of default has continued beyond any applicable cure period. 10.3 Upon the occurrence of an Event of Default and the expiration of any cure period (in those circumstances for which a cure period is otherwise provided in this Agreement), and unless the Borrower's breach is waived by the City in writing, the City may, by written notice to the Borrower, terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Page 31 of 41 Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions hereof are not intended to be, and shall not be, construed to limit the City's right to legal or equitable remedies. ARTICLE XI SUSPENSION 11.1 The City may, for reasonable cause, suspend the Borrower's authority to obligate funds under this Agreement or withhold payments to the Borrower, or both, pending necessary corrective action by the Borrower. Reasonable cause shall be determined by the City in its sole and absolute discretion and may include: (a) Ineffective or improper use of the MFE Funds by the Borrower. (b) Failure of the Borrower to materially comply with any term or provision of this Agreement; or (c) Failure of the Borrower to submit any documents required by this Agreement; or (d) The Borrower's submittal of incorrect or incomplete documents. 11.2 The determinations and actions described in paragraph 11.1 above may be applied to all or any part of the activities funded pursuant to this Agreement. 11.3 The City will notify the Borrower in writing of the type of action taken pursuant to this Article, by certified mail, return receipt requested, or by in person delivery with proof of delivery. The notification will include the reason(s) for such action, any conditions relating to the action, and the necessary corrective action(s). ARTICLE XII MISCELLANEOUS 12.1 ENFORCEMENT METHODS. As a means of enforcing compliance with the MFE Program, the City may utilize any enforcement measures it deems necessary and as provided in this Agreement. 12.2 RENEGOTIATION, MODIFICATION, OR SUBORDINATION. Modification of provisions of this Agreement shall be valid only when in writing and signed by the parties hereto. The parties agree to modify this Agreement if the City determines, in its sole and absolute discretion, that federal, state, and/or local governmental revisions of any applicable laws or regulations, or increases or decreases in budget allocations, make changes to this Agreement necessary. The City shall be the final authority in determining whether or not funds for this Agreement are available due to federal, state and/or local governmental revisions of any applicable Page 32 of 41 laws or regulations, or increases or decreases in budget allocations. Moreover, the City shall determine in its sole and absolute discretion whether to subordinate the Mortgage except for the Senior Financing attached hereto in Schedule A. 12.3 RIGHT TO WAIVE. The City may, for good and sufficient cause, as determined by the City in its sole and absolute discretion, waive provisions of this Agreement or seek to obtain such waiver from an appropriate authority. Waiver requests from the Borrower shall be in writing. A waiver shall not be construed to be a modification of this Agreement. 12.4 BUDGET AND MFE ELIGIBILITY ACTIVITY TITLE REVISIONS. Revisions to the Budget shall be made in writing, and approved in writing by the City; however, such revisions shall not necessitate an amendment hereto unless the amount of the Loan to be granted hereunder is changed, or unless otherwise required by the City. A revision to the MFE eligibility activity titles under which this Agreement's objectives are classified shall not require an amendment hereto. 12.5 DISPUTES. In the event an unresolved dispute exists between the Borrower and the City, the City shall refer the issue, including the views of all interested parties and the recommendation of the City, to the City Manager, his designee, or such other official of the City who shall be authorized to exercise the authority of the City Manager in this regard ("City Manager") for determination. The City Manager will issue a determination within thirty (30) calendar days of receipt of a written request for resolution of the dispute and so advise the City and the Borrower. In the event additional time is necessary, the City Manager will notify the interested parties within the thirty (30) day period that additional time is necessary. The Borrower agrees that the City Manager's determination shall be final and binding on all parties, subject only to judicial review. 12.6 HEADINGS. The article and paragraph headings in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. 12.7 PROCEEDINGS. The Agreement shall be construed in accordance with the laws of the State of Florida and any proceedings arising between the parties in any manner pertaining or relating to this Agreement shall, to the extent permitted by law, be held in Miami -Dade County, Florida. 12.8 NOTICES AND CONTACT. All notices under this Agreement shall be in writing and addressed as follows: To City: City of Miami Department of Housing and Community Development City of Miami 444 S.W. 2nd Avenue Miami, FL 33130-1910 Attn: Victor Turner, Director Page 33 of 41 With Copy To: To Borrower: With Copy to: George K. Wysong III City Attorney City of Miami 444 S.W. 2nd Avenue Miami, FL 33130-1910 Collaborative Development Corporation 3644 Grand Avenue Miami, FL 33133 Attention: Joseph King Law Office of Barry L. Simons, P.A. ATTN: Barry Simons, Esquire 7300 N. Kendall Drive, Suite 680 Miami, FL 33156 Email: barry@barrysimons.com Except as otherwise provided in this Agreement, notice shall be deemed given upon hand delivery or five (5) business days after depositing the same with the U.S. Postal Service. The address or designated representative of the parties may be changed by notice given in accordance with this section. 12.9 CONFLICTS WITH APPLICABLE LAWS. If any provision of this Agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified, or to be deleted if modification is inappropriate, to cause the provision to be consistent with the law or regulation. However, the obligations under this Agreement, as modified, shall continue and all other provisions of this Agreement shall remain in full force and effect. To the extent of any conflict between the applicable laws for the Loan Documents and applicable laws for any other loan documents, agreements, or recorded documents associated with the Project, whichever applicable law is strictest will control. 12.10 ENTIRE AGREEMENT. This Agreement and its Exhibits described as follows contain all the terms and conditions of the Agreement between the parties: Exhibit A Legal Description Exhibit B Scope of Work/Project Schedule Exhibit C Budget Exhibit D Form of Disbursement Agreement Exhibit E Affirmative Marketing Procedures and Responsibilities Exhibit F Form of Mortgage and Security Agreement Exhibit G Form of Declaration of Restrictive Covenants Exhibit H First Time Homebuyer Program Guidelines Page 34 of 41 Exhibit I Exhibit J Exhibit K Schedule A Signage Requirements Additional Insurance Requirements Anti -Human Trafficking Affidavit Permitted Senior Financing 12.11 WAIVER OF JURY TRIAL. Neither the Borrower, the Borrower, the Project subcontractor(s), nor any other person liable for the responsibilities, obligations, services and representations herein, nor any assignee, successor, heir or personal representative of the Borrower , the Project subcontractors or any other person or entity shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this Agreement, or the dealings or the relationship between or among such persons or entities, or any of them. Neither the Borrower, the Borrower, nor the Project subcontractors, nor any other person or entity will seek to consolidate any such action in which a jury trial has been waived with any other action. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. Neither party to this Agreement has in any manner agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. 12.12 GOVERNING LAW AND VENUE. This Agreement shall be construed and enforced pursuant to the laws of the State of Florida, excluding all principles of choice of laws, conflict of laws and comity. Any action pursuant to a dispute under this Agreement must be brought in Miami -Dade County and no other venue. All meetings to resolve said dispute, including voluntary arbitration, mediation, or other alternative dispute resolution mechanism, will take place in this venue. The parties both waive any defense that venue in Miami -Dade County is not convenient. 12.13 HCLC AWARD MEMORANDA. The award memoranda and decisions of the HCLC dated March 26, 2025 ("Award Memoranda") are hereby incorporated by reference. To the extent of any conflict between the Award Memoranda and the Loan Documents and when interpreting the intent of the Loan Documents, whichever provision is strictest will control. To the extent of any conflict between the Award Memoranda, the most recent Award Memorandum controls. 12.14 COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 12.15 INCREASE IN PROJECT COSTS. In the event that the Project's costs increase by ten percent (10%) or more of the Budget that is attached as Exhibit "C," and Borrower is unable to secure the requisite funding to cover the additional expense within 60 calendar days before the Project's construction commences, then the City is permitted to recommend to HCLC that the MFE Funds should be de -obligated for this Project. Page 35 of 41 12.16 INTENTIONALL OMITTED. 12.17 COSTS, INCLUDING ATTORNEY'S FEES. The Borrower agrees to pay when due for which an invoice is provided, all reasonable costs and expenses in connection with the administration or monitoring of compliance with this Agreement and all related documents and any other documents which may be delivered in connection with this Agreement or the transactions contemplated hereby, including, without limitation, the reasonable fees and out of pocket expenses of the City and of counsel and any agents or consultants for the City, with respect thereto, in connection with the administration or monitoring of this Agreement and such other documents as may be delivered in connection herewith. In addition, the Borrower shall pay any and all stamps and other taxes and fees payable or determined to be payable in connection with the execution, delivery, filing and recording of this Agreement and such other documents as may be delivered in connection herewith, and agrees to save the City harmless from and against any and all liabilities with respect to or resulting from any delay in paying or omission to pay such taxes and fees. In the event litigation, arbitration, or mediation, between the parties hereto, arises out of the terms of this Agreement, each party shall be responsible for its own attorney's fees, costs, charges, and expenses through the conclusion of all appellate proceedings, and including any final settlement or judgment. 12.18 The Borrower's obligations pursuant to this Agreement shall be binding upon and inure to the respective heirs, personal and legal representatives, trustees and successors and assigns of the Parties hereto, including each and every such Party's past and present parent, subsidiary, affiliate or predecessor entities, any and all entities by which or under a name by which any Party has been known or has done business, and any and all of his, hers, its and/or their respective past and present officers, commissioners, directors, principals, trustees, administrators, agents, attorneys, accountants, insurers, reinsurers, servants, employees, shareholders, members, managers, partners, heirs, and representatives. 12.19 Any references to federal regulations and programs in this Agreement and its exhibits are intended to be for illustrative purposes and not an indication that the Project is specifically subject to the cited regulations. Nonetheless, if this Agreement requires the Borrower to comply with referenced federal regulations and programs, the City and the Borrower agree that compliance shall be required as if the Project was subject to those federal regulations and programs, unless otherwise determined by the City in its sole discretion. 12.20 Borrower specifically acknowledges and agrees to comply with City of Miami Ordinance No. 13491, § 2-415. 12.21 Parties agree that the Loan will be non recourse except that the exceptions to non - course applicable to any Permitted Senior Financing shall also apply to this Loan. 12.22 The Borrower has represented that no Florida documentary stamps or intangible taxes are required to paid on the Note or the Mortgage. The Borrower hereby agrees to indemnify and to defend and hold the Lender and all of its affiliates, successors, and assigns harmless against Page 36 of 41 any and all documentary stamp taxes and intangible taxes, if any, imposed assessed or claimed as a result of or arising out of: (i) Lender's acceptance and/or ownership of the Note or Mortgage (or any other loan document pertaining to the loan referenced to therein); or (ii) the execution or delivery of the Note and the Mortgage (or any other loan document pertaining to the loan referred to therein) (it being understood that any reference herein to documentary stamp taxes and intangible taxes include any and all penalties, interest and attorneys' fees incurred by the Lender in connection therewith), and the Borrower agrees to pay any and all such documentary stamp taxes or intangible taxes upon demand. In the event of a failure by the Borrower to pay such documentary stamp taxes and intangible taxes upon demand and should the Lender elect to pay the same, all such charges shall be secured by the lien of the Note and the Mortgage and shall bear interest at the Default Rate, as provided in the Note, from the date of advance by the Lender until paid by the Borrower. The provisions of this Section shall survive repayment of the Notes and the satisfaction of the Note and Mortgage so long as a claim may be asserted by the State of Florida or any of its agencies. [Remainder of page left Blank] [Signatures on Following Pages] Page 37 of 41 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. BORROWER: WITNESSES: COLLABORATIVE DEVELOPMENT CORPORATION, a Florida not -for -profit corporation By: Name: Joseph King Title: President ACKNOWLEDGMENT STATE OF FLORIDA } COUNTY OF MIAMI-DADE } SS: The foregoing instrument was acknowledged before me by means of physical presence or O online notarization, this day of dUt)C , 2025 by Joseph King as President of Collaborative Development Corporation, a Florida not -for -profit corporation. She/He is .: .nally known to me or has produced D(1Ver Lle as identification. NTERREY Notary ,ubAJRORA StateMof Florida i • � . � Commission - i HH 172973 My Expires Comm. Sep 7, 2025 3crcec :hrot.gh Nation votary Assn. Print N otary Public, State of Florida at large Page 38 of 41 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. ATTEST: d Hannon Date: APPROVED REQUIRE NCE CITY: CITY OF MIAMI, a municipal corporation of the State of Florida By: Arthur Noriega'V, City Manager APPROVED AS TO FORM AND CORRECTNESS: P. r4 David Ruiz George I' Wysong I Interim Dir cto of Risk Management C. •; e n 2q Ir„ 6 APPROVED AS TO DEPARTMENTAL REQUIREMENTS: By: Victor T. Turner Director of the Department of Housing and Community Development Page 39 of 41 Exhibit A Legal Description of the Property Parcel 1: 3710 Grand Avenue, Miami, FL 33133 Lots 41 through 52, Block A, of St. Alban's Park, of Combined and Supplemental Map of MacFarlane Homestead Plat and St. Alban's Park, according to the map or plat thereof as recorded in Plat Book 5, Page 81, Public Records of Miami -Dade County, Florida, less that portion of said Lots for street right of way as shown on the Right of Way Map according to the map or plat thereof as recorded in Plat Book 101, Page 58, Public Records of Miami -Dade County, Florida, and less legal description in Eminent Domain Proceedings filed in O.R. Book 6544, Page 666 and in O.R. Book 11075, Page 2511, and less that portion of said Lots for street right of way as shown on the Right -of -Way Deed recorded in O.R. Book 33487, Page 4449, Public Records of Miami -Dade County, Florida. Parcel 2: 3735 Washington Avenue, Miami, FL 33133 Lots 1 and 2, Block 1, of St. Alban's Park, of Combined and Supplemental Map of MacFarlane Homestead Plat and St. Alban's Park, according to the map or plat thereof as recorded in Plat Book 5, Page 81, Public Records of Miami -Dade County, Florida, less that portion of said Lots for street right of way as shown on the Right -of -Way Deed recorded in O.R. Book 33487, Page 4449, Public Records of Miami -Dade County, Florida. Parcel 3: 3714 Washington Avenue, Miami, FL 33133 Lot 49 and the East 7 feet of Lot 50, Block B, of St. Alban's Park, of Combined and Supplemental Map of MacFarlane Homestead Plat and St. Alban's Park, according to the map or plat thereof as recorded in Plat Book 5, Page 81, Public Records of Miami -Dade County, Florida. Parcel 4: 3718 Washington Avenue, Miami, FL 33133 The West 13 feet of Lot 50 and the East 9.5 feet of Lot 51, Block B, of St. Alban's Park, of Combined and Supplemental Map of MacFarlane Homestead Plat and St. Alban's Park, according to the map or plat thereof as recorded in Plat Book 5, Page 81, Public Records of Miami -Dade County, Florida. Parcel 5: 3719 Thomas Avenue, Miami, FL 33133 Lots 43 and 42, less the West 1.5 feet of Lot 42, Block B, of St. Alban's Park, of Combined and Supplemental Map of MacFarlane Homestead Plat and St. Alban's Park, according to the map or plat thereof as recorded in Plat Book 5, Page 81, Public Records of Miami -Dade County, Florida. Parcel 6: 3442 SW 37 Avenue, Miami, FL 33133 Lots 44, 45, 46 and the South 1/2 of Lot 47, Block B, of St. Alban's Park, of Combined and Supplemental Map of MacFarlane Homestead Plat and St. Alban's Park, according to the map or plat thereof as recorded in Plat Book 5, Page 81, Public Records of Miami -Dade County, Florida. Parcel 7: 3424 SW 37 Avenue, Miami, FL 33133 The North 1/2 of Lot 47 and all of Lot 48, Block B, of St. Alban's Park, of Combined and Supplemental Map of MacFarlane Homestead Plat and St. Alban's Park, according to the map or plat thereof as recorded in Plat Book 5, Page 81, Public Records of Miami -Dade County, Florida. Exhibit B Scope of Work/Project Schedule *DEVELOPMENT SCHEDULE Scope of Work Closing on Total Project Financing by Source a. Lv.n d U.cgo iS-iio n b. 2—r,inCf1 mert4s c. d. Cc,'m S#ruC6c.)n r-ur d i r9 Finalize Partnership Selection of Architect Appraisal/Market Study Engineering Report Land /GI k. Architectural Plans and Specifications - City or County Environmental Clearance Site Plan Approval Working Drawings Completed Submit Drawings for Permit Approval Construction Bids Selection of General Contractor Building Permits Issued Start of Construction Construction Completion @ 40% Construction Completion @ 80% Construction Completed - C.O. Rentals - 90% Occupancy Temporary/Permanent Relocations Estimated Date Actual Date Month/Year Month/Year Jul j Iz6, oc.4'ZS" Mar). 'is Au Ic ` c, Nov',s— Aaz-c.. •1-a r ' Z� 1-4u..r ` z. Nam 'Z1- JAI{ ' Zi -Eck) 'Zfr Nie V ' ZF) .1av `L4 N *Not limited to format or detail but must include these items. Exhibit C Budget CITY OF MIAMI DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT SOURCES AND USES: NEW CONSTRUCTION/REHABILITATION AFFORDABLE RENTAL HOUSING APPLICANT:COLLABORATIVE DEVELOPMENT CORP. PROJECT NAME: 3710 GROVE LANDING Evidence of source must be included Financing Sources: Specify Name Total Project CITY HOME Other: COMMERCIAL LOAN Other: City of Miami Developer Deferred Investment Other: Equity Investment Land Acquisition $ 7,200,000.00 - 7,190,000 Hard Costs 21,395,237 15,395,237 6,000,000 Construction (incl. Site work) Construction contingency 641,857 641,857 Construction: Concrete/Soil Test 45,000 45,000 Appliances 216,000 216,000 - Construction Supervision 400,000 400,000 Total Hard Costs 22,698,094 - 15,611,237 - - - 7,086,857 Soft Costs 350,000 350,000 Arch Design, Civil Engineering Impact Fees 797,825 797,825 Permits / Fees 75,000 75,000 Legal 50,000 50,000 Licenses / Environmental / Util Fees 25,000 25,000 Appraisal / Surveys 25,000 25,000 Insurance: Construction Period 80,000 80,000 Marketing /Advertising 25,000 25,000 Loan Closing / Financing Fees 153,952 153,952 Interest / Carrying Costs 763,347 763,347 Title Insurance & Recording 50,000 50,000 Temp/Perm Relocation - Taxes 199,602 199,602 For Use by City: City incurred costs 10,000 10,000 10,000 Developer's Fees & Overhead 2,280,751 2,280,751 - Soft Cost Contingency 79,342 79,342 Total Soft Costs 4,964,820 - 917,300 10,000 2,280,751 - 1,766,769 Total Project Cost 34,862,914 - 16,528,537 7,200,000 2,280,751 - 8,853,626 Exhibit D Form of Disbursement Agreement Exhibit E Affirmative Marketing Procedures and Responsibilities Note to all applicants/respondents: This form was developed with Nuance, the official HUD software for the creation of HUD forms. HUD has made available instructions for downloading a free installation of a Nuance reader that allows the user to fill-in and save this form in Nuance. Please see htto://portal.hud,Qov/hudportal/documents/huddoc?id=nuancereaderinstall,pdf for the instructions. Using Nuance software is the only means of completing this form. Affirmative Fair Housing Marketing Plan (AFHMP) - Multifamily Housing U.S. Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity OMB Approval No. 2529-0013 (exp.1/3112021) la. Project Name & Address (including City, County, State & Zip Code) 3710 Grove Landing 3710 Grand Avenue Miami, Florida 33133 1b. Project Contract Number lc. No. of Units TBD Id. Census Tract 54 7200,2 le. Housing/Expanded Housing Market Area Housing Market Area: Miami Expanded Housing Market Area: District 2 If. Managing Agent Name, Address (including City, County, State & Zip Code), Telephone Number & Email Address Self Managed 1g. Application/Owner/Developer Name, Address (including City, County, State & Zip Code), Telephone Number & Email Address - Collaborative Development Corporation (CDC) - 3644 Grand Avenue Miami, Florida 33133 - 305.788.5412 - jking@cdc-fl.org - lh. Entity Responsible for Marketing (check all that apply) Owner n Agent E Other (specify) Position, Name (if known), Address ( including City, County, State & Zip Code), Telephone Number & Email Address - CDC President/CEO - Joseph King - 3644 Grand Avenue Miami, Florida 33133 - 305.788.5412 -jking@cdc-fl.org - 1i. To whom should approval and other correspondence concerning this AFHMP be sent? Indicate Name, Address (including City, State & Zip Code), Telephone Number & E-Mail Address. - CDC President/CEO - Joseph King - 3644 Grand Avenue Miami, Florida 33133 - 305.788.5412 - jking@cdc-fl.org - 2a. Affirmative Fair Housing Marketing Plan Plan Type Initial Plan Reason(s) for current update: Date of the First Approved AFHMP: 2b. HUD -Approved Occupancy of the Project (check all that apply) C Elderly a Family Mixed (Elderly/Disabled) Disabled 2c. Date of Initial Occupancy 07/01/2029 2d. Advertising Start Date Advertising must begin at least 90 days prior to initial or renewed occupancy for new construction and substantial rehabilitation projects. Date advertising began or will begin For existing projects, select below the reason advertising will be used: 12/01/2028 To fill existing unit vacancies To place applicants on a waiting list _ (which currently has To reopen a closed wafting list n (which currently has individuals) individuals) Previous editions are obsolete Page 1 of 8 Form HUD-935.2A (12/2011) 3a. Demographics of Project and Housing Market Area Complete and submit Worksheet 1. 3b. Targeted Marketing Activity Based on your completed Worksheet 1, indicate which demographic group(s) in the housing market area is/are least likely to apply for the housing without special outreach efforts. (check all that apply) White American Indian or Alaska Native El Asian Q Native Hawaiian or Other Pacific Islander 0 Hispanic or Latino ❑ Families with Children 0 Other ethnic group, religion, etc. (specify) El Black or African American Persons with Disabilities 4a. Residency Preference Is the owner requesting a residency preference? If yes, complete questions 1 through 5. If no, proceed to Block 4b. (1) Type Please Select Type No (2) Is the residency preference area: The same as the AFHMP housing/expanded housing market area as identified in Block le? Please Select Yes or No The same as the residency preference area of the local PHA in whose jurisdiction the project is located? (3) What is the geographic area for the residency preference? Please Select Yes or No City of Miami, District 2 Census Tract 7200,2 (4) What is the reason for having a residency preference? The City of Miami Mixed Use Cultural District (MUCD), by resolution, has an affordable housing preference porogram subject to discussion/clarification with Staci Gilliam of US HUD Fair Housing Birmingham Field office. (5) How do you plan to periodically evaluate your residency preference to ensure that it is in accordance with the non-discrimination and equal opportunity requirements in 24 CFR 5.105(a)? Complete and submit Worksheet 2 when requesting a residency preference (see also 24 CFR 5.655(c)(1)) for residency preference requirements. The requirements in 24 CFR 5.655(c)(1) will be used by HUD as guidelines for evaluating residency preferences consistent with the applicable HUD program requirements. See also HUD Occupancy Handbook (4350.3) Chapter 4, Section 4.6 for additional guidance on preferences. 4b. Proposed Marketing Activities: Community Contacts Complete and submit Worksheet 3 to describe your use of community contacts to market the project to those least likely to apply. 4c. Proposed Marketing Activities: Methods of Advertising Complete and submit Worksheet 4 to describe your proposed methods of advertising that will be used to market to those least likely to apply. Attach copies of advertisements, radio and television scripts, Internet advertisements, websites, and brochures, etc. 5a. Fair Housing Poster The Fair Housing Poster must be prominently displayed in all offices in which sale or rental activity takes place (24 CFR 200.620(e)). Check below all locations where the Poster will be displayed. Q✓ Rental Office C Real Estate Office 0 Model Unit 0 Other (specify) 5b.Affirmative Fair Housing Marketing Plan The AFHMP must be available for public inspection at the sales or rental office (24 CFR 200.625). Check below all locations where the AFHMP will be made available. 0 Rental Office 0 Real Estate Office Model Unit C Other (specify) 5c. Project Site Sign Project Site Signs, if any, must display in a conspicuous position the HUD approved Equal Housing Opportunity logo, slogan, or statement (24 CFR 200.620(f)). Check below all locations where the Project Site Sign will be displayed. Please submit photos of Project signs. Rental Office Real Estate Office Model Unit a✓ Entrance to Project Other (specify) The size of the Project Site Sign will be 1 1-itx g The Equal Housing Opportunity logo or slogan or statement wil be x 6. Evaluation of Marketing Activities Explain the evaluation process you will use to determine whether your marketing activities have been successful in attracting individuals least likely to apply, how often you will make this determination, and how you will make decisions about future marketing based on the evaluation process. Our community outreach program, which includes special measures designed to attract those groups who are least likely to apply. In addition to other efforts we will target„ designed to attract a reflective mix of community residents. We will identify news, media and advertisement outlets and groups appropriate for the audiences needed. Appropriate communication mediums include, but are not limited to: social service agencies, civic and religious groups, advocacy groups, community centers, and other populations where groups meet and gather. Previous editions are obsolete Page 3 of 8 Form HUD-935.2A (12/2011) 7a. Marketing Staff What staff positions are/will be responsible for affirmative marketing? Collaborative Development Corporation Thelma Gibson Health Initiative 7b. Staff Training and Assessment: AFHMP (1) Has staff been trained on the AFHMP? (2) Has staff been instructed in writing and orally on non-discrimination and fair housing policies as required by 24 CFR 200.620(c)? (3) If yes, who provides instruction on the AFHMP and Fair Housing Act, and how frequently? Yes Yes Joseph King, CDC President/CEO (4) Do you periodically assess staff skills on the use of the AFHMP and the application of the Fair Housing Act? Please Select Yes or No (5) If yes, how and how often? 7c. Tenant Selection Training/Staff (1) Has staff been trained on tenant selection in accordance with the project's occupancy policy, including any residency preferences? Yes (2) What staff positions are/will be responsible for tenant selection? Prior to opening of any waitlist, the plan will be reviewed by staff and partner agencies responsible for advocacy and outreach, for the result of occupancy. .Additionally, tenant selection will be reviewed by an outside source. 7d. Staff Instruction/Training: Describe AFHM/Fair Housing Act staff training, already provided or to be provided, to whom it was/will be provided, content of training, and the dates of past and anticipated training. Please include copies of any AFHM/Fair Housing staff training materials. Staff (1) has been through AMFA/Fair Housing Training,as follows: CPF Training Part 1 - 08/03/22 & CPF Training Part 2 - 08/23/22 https://www.housingtoolbox.org/resources/may-2022-affirmative-fair-housing-marketing-afhm-and-lottery-training-materials CDC adheres to what federal requirements mandate and require. CDC currently complies with the following requirements for the duration of the compliance period. as follows: Advertising - The Equal Housing Opportunity logo will be used in all signs, ads, brochures, and written communications. Advertising media will include, but is not limited to, any local newspaper, radio or television, brochures, leaflets, bulletin boards, project signs, or other housing organizations. Fair Housing Poster/Postings will display the HUD Fair Housing poster (Form HUD-928.1) in all rental offices and locations where potential tenants may likely come to apply for housing. HUD's Fair Housing poster can be found at https://portal.hud.gov/hudportal/documents/huddoc?id=Fair_Housing_Poster_Eng.pdf. Project Sign Affirmative Fair Housing Marketing Plan Guidance - The Development will post in a conspicuous position on all project sites a sign displaying prominently either the HUD Equal Housing Opportunity logo/statement. Record Keeping - The Development will maintain a file at the project's office which contains documentation of all marketing efforts (copies of newspaper ads, memos of phone calls, copies of letters, brochures, flyers, etc.) as stated in the previous section. The marketing file will also include the approved AFHM Plan. The Development will maintain a listing of all tenants and applicants. The list will also include the unit number, the tenant/applicant race, whether they have children, and how they became aware of the availability of the unit(s). These records will be retained for a period of 5 years and be available for inspection by NDHFA upon request. Previous editions are obsolete Page 4 of 8 Form HUD-935.2A (12/2011) 4,-.Addith)001 Donal-00st!Ofibt them anythino also koa would liksulo.tail vs ebctrtyour A PRIMP a .help ensure that you0'03 is marketed toihtlite least likely to apply or nouslng In:your project!? Please attachadditionai sheete, ss needed. Our agency Istammitted to atimInIsterinp ndlederalhouslng pqllctesas reqirsitl,, se wall es -the -spores Cif Cala Megir1h�upat9d census, except disability data 04011:1M. 04 TO, Ottfilf, By siring this Tornkr:thaappilsantiraettohdant agraea faimplengottfts, AEHMP, argil) reyre*Orici'llPtlateltsAFNMP in,accordentamith the InetNottoryvta item 9.01000M itt'gret4t-*:0000 gOritiftttaittilMoltitite(011.thHIMS AffiralattVaFtilr 00.61/111100 6004 i'llegtd4lOrt*'(404 ge4: Cfg-Fatl 2QTI, SabPett rty.,1-1rotoy tiartil-that airthaltifarnfatiettlitiled hasein as Well es arty inferrielion toVidgid :in MO spoompeniment herewith, talrueenci accurate„ Werniv: HUD wIfFprossoute false claims and statements...Coro/lotion May result In criminal aadfor )110 penalties, (Sea 18 LIAM itialt itmo, 112 USt!, 3804 Slqn ure o person subenitting thts••:risp. §P . se on ttut atv9yy) (tyfis '.Otptinty 1.oseptttinq & Name of Company PrealdentitlithiMINnoloC100101011400$0011415 r I For HU110113comMouviinaltse-Only ReViewirig Clffltgali forill*OfttafetPatilititiainttantl quirrOptoituaityusaonly nApproval E.] Disapproval 81gIlatErtfit Date' fITIMirddkyy31: :startgifoo & iNtioy-prinvdcirmiy4 Nexe qr. piY Title pneviawedikostorailtodite PaDav, FiditklikillaMA412/2011) Public reporting burden for this collection of information is estimated to average six (6) hours per initial response, and four (4) hours for updated plans, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid Office of Management and Budget (OMB) control number. Purpose of Form: All applicants for participation in FHA subsidized and unsubsidized multifamily housing programs with five or more units (see 24 CFR 200.615) must complete this Affirmative Fair Housing Marketing Plan (AFHMP) form as specified in 24 CFR 200.625, and in accordance with the requirements in 24 CFR 200.620. The purpose of this AFHMP is to help applicants offer equal housing opportunities regardless of race, color, national origin, religion, sex, familial status, or disability. The AFHMP helps owners/agents (respondents) effectively market the availability of housing opportunities to individuals of both minority and non -minority groups that are least likely to apply for occupancy. Affirmative fair housing marketing and planning should be part of all new construction, substantial rehabilitation, and existing project marketing and advertising activities. An AFHM program, as specified in this Plan, shall be in effect for each multifamily project throughout the life of the mortgage (24 CFR 200.620(a)). The AFHMP, once approved by HUD, must be made available for public inspection at the sales or rental offices of the respondent (24 CFR 200.625) and may not be revised without HUD approval. This form contains no questions of a confidential nature. Applicability: The form and worksheets must be completed and submitted by all FHA subsidized and unsubsidized multifamily housing program applicants. INSTRUCTIONS: Send completed form and worksheets to your local HUD Office, Attention: Director, Office of Housing Part 1: Applicant/Respondent and Project Identification. Blocks la, lb, lc, 1 g, 1 h, and 1 i are self- explanatory. Block 1d- Respondents may obtain the Census tract number from the U.S. Census Bureau (http://factfinder2.census.gov/main.html) when completing Worksheet One. Block le- Respondents should identify both the housing market area and the expanded housing market area for their multifamily housing projects. Use abbreviations if necessary. A housing market area is the area from which a multifamily housing project owner/agent may reasonably expect to draw a substantial number of its tenants. This could be a county or Metropolitan Division. The U.S. Census Bureau provides a range of levels to draw from. An expanded housing market area is a larger geographic area, such as a Metropolitan Division or a Metropolitan Statistical Area, which may provide additional demographic diversity in terms of race, color, national origin, religion, sex, familial status, or disability. Block 1 f- The applicant should complete this block only if a Managing Agent (the agent cannot be the applicant) is implementing the AFHMP. Previous editions are obsolete Part 2: Type of AFHMP Block 2a- Respondents should indicate the status of the AFHMP, i.e., initial or updated, as well as the date of the first approved AFHMP. Respondents should also provide the reason (s) for the current update, whether the update is based on the five-year review or due to significant changes in project or local demographics (See instructions for Part 9). Block 2b- Respondents should identify all groups HUD has approved for occupancy in the subject project, in accordance with the contract, grant, etc. Block 2c- Respondents should specify the date the project was/will be first occupied. Block 2d- For new construction and substantial rehabilitation projects, advertising must begin at least 90 days prior to initial occupancy. In the case of existing projects, respondents should indicate whether the advertising will be used to fill existing vacancies, to place individuals on the project's waiting list, or to re -open a closed waiting list. Please indicate how many people are on the waiting list when advertising begins. Page 6 of 8 Form HUD 935.2A (12/2011: Part 3 Demographics and Marketing Area. "Least likely to apply" means that there is an identifiable presence of a specific demographic group in the housing market area, but members of that group are not likely to apply for the housing without targeted outreach, including marketing materials in other languages for limited English proficient individuals, and alternative formats for persons with disabilities. Reasons for not applying may include, but are not limited to, insufficient information about housing opportunities, language barriers, or transportation impediments. Block 3a - Using Worksheet 1, the respondent should indicate the demographic composition of the project's residents, current project applicant data, census tract, housing market area, and expanded housing market area. The applicable housing market area and expanded housing market area should be indicated in Block 1 e. Compare groups within rows/across columns on Worksheet 1 to identify any under -represented group(s) relative to the surrounding housing market area and expanded housing market area, i.e., those group(s) "least likely to apply" for the housing without targeted outreach and marketing. If there is a particular group or subgroup with members of a protected class that has an identifiable presence in the housing market area, but is not included in Worksheet 1, please specify under "Other." Respondents should use the most current demographic data from the U.S. Census or another official source such as a local government planning office. Please indicate the source of your data in Part 8 of this form. Block 3b - Using the information from the completed Worksheet 1, respondents should identify the demographic group(s) least likely to apply for the housing without special outreach efforts by checking all that apply. Part 4 - Marketing Program and Residency Preference (if any). Block 4a - A residency preference is a preference for admission of persons who reside or work in a specified geographic area (see 24 CFR 5.655(c)(1)(ii)). Respondents should indicate whether a residency preference is being utilized, and if so, respondents should specify if it is new, revised, or continuing. If a respondent wishes to utilize a residency preference, it must state the preference area (and provide a map delineating the precise area) and state the reason for having such a preference. The respondent must ensure that the preference is in accordance with the non- discrimination and equal opportunity requirements in 24 CFR 5.105(a) (see 24 CFR 5.655(c)(1)). Previous editions are obsolete Respondents should use Worksheet 2 to show how the percentage of the eligible population living or working in the residency preference area compares to that of residents of the project, project applicant data, census tract, housing market area, and expanded housing market area. The percentages would be the same as shown on completed Worksheet 1. Block 4b - Using Worksheet 3, respondents should describe their use of community contacts to help market the project to those least likely to apply. This table should include the name of a contact person, his/her address, telephone number, previous experience working with the target population(s), the approximate date contact was/will be initiated, and the specific role the community contact will play in assisting with affirmative fair housing marketing or outreach. Block 4c - Using Worksheet 4, respondents should describe their proposed method(s) of advertising to market to those least likely to apply. This table should identify each media option, the reason for choosing this media, and the language of the advertisement. Altemative format(s) that will be used to reach persons with disabilities, and logo(s) that will appear on the various materials (as well as their size) should be described. Please attach a copy of the advertising or marketing material. Part 5 — Availability of the Fair Housing Poster, AFHMP, and Project Site Sign. Block 5a - The Fair Housing Poster must be prominently displayed in all offices in which sale or rental activity takes place (24 CFR 200.620(e)). Respondents should indicate all locations where the Fair Housing Poster will be displayed. Block 5b -The AFHMP must be available for public inspection at the sales or rental office (24 CFR 200.625). Check all of the locations where the AFHMP will be available. Block 5c -The Project Site Sign must display in a conspicuous position the HUD -approved Equal Housing Opportunity logo, slogan, or statement (24 CFR 200.620(f)). Respondents should indicate where the Project Site Sign will be displayed, as well as the size of the Sign and the size of the logo, slogan, or statement. Please submit photographs of project site signs. Page 7 of 8 Form HUD-935.2A (12/2011) Part 6 - Evaluation of Marketing Activities. Part 9 - Review and Update. Respondents should explain the evaluation process to be used to determine if they have been successful in attracting those individuals identified as least likely to apply. Respondents should also explain how they will make decisions about future marketing activities based on the evaluations. Part 7- Marketing Staff and Training. Block 7a -Respondents should identify staff positions that are/will be responsible for affirmative marketing. Block 7b - Respondents should indicate whether staff has been trained on the AFHMP and Fair Housing Act. Please indicate who provides the training and how frequently. In addition, respondents should specify whether they periodically assess staff members' skills in using the AFHMP and in applying the Fair Housing Act. They should state how often they assess employee skills and how they conduct the assessment. Block 7c - Respondents should indicate whether staff has been trained on tenant selection in accordance with the project's occupancy policy, including residency preferences (if any). Respondents should also identify those staff positions that are/will be responsible for tenant selection. Block 7d - Respondents should include copies of any written materials related to staff training, and identify the dates of past and anticipated training. Part 8 - Additional Considerations. Respondents should describe their efforts not previously mentioned that were/are planned to attract those individuals least likely to apply for the subject housing. Previous editions are obsolete By signing the respondent assumes responsibility for implementing the AFHMP. Respondents must review their AFHMP every five years or when the local Community Development jurisdiction's Consolidated Plan is updated, or when there are significant changes in the demographics of the project or the local housing market area. When reviewing the plan, the respondent should consider the current demographics of the housing market area to determine if there have been demographic changes in the population in terms of race, color, national origin, religion, sex, familial status, or disability. The respondent will then determine if the population least to likely to apply for the housing is still the population identified in the AFHMP, whether the advertising and publicity cited in the current AFHMP are still appropriate, or whether advertising sources should be modified or expanded. Even if the demographics of the housing market area have not changed, the respondent should determine if the outreach currently being performed is reaching those it is intended to reach as measured by project occupancy and applicant data. If not, the AFHMP should be updated. The revised AFHMP must be submitted to HUD for approval. HUD may review whether the affirmative marketing is actually being performed in accordance with the AFHMP. If based on their review, respondents determine the AFHMP does not need to be revised, they should maintain a file documenting what was reviewed, what was found as a result of the review, and why no changes were required. HUD may review this documentation. Notification of Intent to Begin Marketing. No later than 90 days prior to the initiation of rental marketing activities, the respondent must submit notification of intent to begin marketing. The notification is required by the AFHMP Compliance Regulations (24 CFR 108.15). The Notification is submitted to the Office of Housing in the HUD Office servicing the locality in which the proposed housing will be located. Upon receipt of the Notification of Intent to Begin Marketing from the applicant, the monitoring office will review any previously approved plan and may schedule a pre -occupancy conference. Such conference will be held prior to initiation of sales/rental marketing activities. At this conference, the previously approved AFHMP will be reviewed with the applicant to determine if the plan, and/or its proposed implementation, requires modification prior to initiation of marketing in order to achieve the objectives of the AFHM regulation and the plan. OMB approval of the AFHMP includes approval of this notification procedure as part of the AFHMP. The burden hours for such notification are included in the total designated for this AFHMP form. Page 8of8 Form HUD-935.2A (12/2011) Worksheet 1: Determining Demographic Groups Least Likely to Apply for Housing Opportunities (See AFHMP, Block 3b) In the respective columns below, indicate the percentage of demographic groups among the project's residents, current project applicant data, census tract, housing market area, and expanded housing market area (See instructions to Block le). If you are a new construction or substantial rehabilitation project and do not have residents or project applicant data, only report information for census tract, housing market area, and expanded market area. The purpose of this information is to identify any under -representation of certain demographic groups in terms of race, color, national origin, religion, sex, familial status, or disability. If there is significant under -representation of any demographic group among project residents or current applicants in relation to the housing/expanded housing market area, then targeted outreach and marketing should be directed towards these individuals least likely to apply. Please indicate under -represented groups in Block 3b of the AFHMP. Please attach maps showing both the housing market area and the expanded housing market area. Demographic Characteristics Project's Residents Project's Applicant Data Census Tract Housing Market Area Expanded Housing Market Area White N/A N/A 79.2 15.1 71.3 % Black or African American N/A N/A 17.4 62.2 8.6 % Hispanic or Latino N/A N/A 69.1 39.8 66.0 % Asian N/A N/A 1.6 1.6 0.6 American Indian or Alaskan Native I N/A N/A 0.3 0.4 0.2 % Native Hawaiian or Pacific Islander N/A N/A 1 0 1.0 0.0 %Persons with Disabilities N/A N/A 5.9 7.4 7.4 Families with Children under the age of 18 N/A N/A 20.2 29.5 28.1 Other (specify) Worksheet 2: Establishing a Residency Preference Area (See AFHMP, Block 4a) Complete this Worksheet if you wish to continue, revise, or add a residency preference, which is a preference for admission of persons who reside or work in a specified geographic area (see 24 CFR 5.655(c)(1)(ii)). If a residency preference is utilized, the preference must be in accordance with the non-discrimination and equal opportunity requirements contained in 24 CFR 5.105(a). This Worksheet will help show how the percentage of the population in the residency preference area compares to the demographics of the project 's residents, applicant data, census tract, housing market area, and expanded housing market area. Please attach a map clearly delineating the residency preference geographical area. Demographic Characteristics Project's Residents (as determined in Worksheet 1) Project's Applicant Data (as determined in Worksheet 1) Census Tract (as determined in Worksheet 1) Housing Market Area (as determined in Worksheet 1) Expanded Housing Market Area (as determined in Worksheet 1) Residency Preference Area (if applicable) White % Black or African American % Hispanic or Latino % Asian % American Indian or Alaskan Native Native Hawaiian or Pacific Islander % Persons with Disabilities % Families with Children under the age of 18 Other (specify) Worksheet 3: Proposed Marketing Activities —Community Contacts (See AFHMP, Block 4b) For each targeted marketing population designated as least likely to apply in Block 3b, identify at least one community contact organization you will use to facilitate outreach to the particular population group. This could be a social service agency, religious body, advocacy group, community center, etc. State the names of contact persons, their addresses, their telephone numbers, their previous experience working with the target population, the approximate date contact was/will be initiated, and the specific role they will play in assisting with the affirmative fair housing marketing. Please attach additional pages if necessary. Targeted Population(s) Community Contact(s), including required information noted above. Asian American Population We will work with the Asian American Advisory Board in the Miami -Dade area. This organization works in advisory capacity with Miami -Dade Commissioners administration regrading minority equity, and we will work with them to post and recruit participants. American Indian/ Alaskan Population We will work with the Florida Association of Free and Charitable Clinics in the Miami -Dade area. This organization offers healthcare to tribal residents and we will work with them regrading minority equity, and we will work with them to post and recruit participants. Native Hawaiian/Pacific Islander Population We will work with the Asian American Advisory Board in the Miami -Dade area. This organization works in advisory capacity with Miami -Dade Commissioners administration regrading minority equity, and we will work with them to post and recruit participants. Worksheet 4: Proposed Marketing Activities — Methods of Advertising (See AFHMP, Block 4c) Complete the following table by identifying your targeted marketing population(s), as indicated in Block 3b, as well as the methods of advertising that will be used to market to that population. For each targeted population, state the means of advertising that you will use as applicable to that group and the reason for choosing this media. In each block, in addition to specifying the media that will be used (e.g., name of newspaper, television station, website, location of bulletin board, etc.) state any language(s) in which the material will be provided, identify any alternative format(s) to be used (e.g. Braille, large print, etc.), and specify the logo(s) (as well as size) that will appear on the various materials. Attach additional pages, if necessary, for further explanation. Please attach a copy of the advertising or marketing material. Targeted Population(s)—. Methods of Advertising 1 Targeted Population: Targeted Population: Targeted Population: Newspaper(s) Radio Station(s) TV Station(s) African American NBC6 OParticpants Electronic Media All Residents City and County Commissioner Bulletin Boards • All Residents Virric Park, Miami CASD Brochures, Notices, Flyers Tribal Indian Florida Association of Free and Other (specify) Asian/Asian American Pacific Islander Residents Asian American Advisory Boar Residents Exhibit F Form of Mortgage and Security Agreement Exhibit G Form of Declaration of Restrictive Covenants Exhibit H First Time Homebuyer Program Guidelines City of Miami Department of Housing & Community Development First -Time Homebuyer Program The City's First -Time Homebuyer Program provides assistance up to the Basic Subsidy limits based on the number of bedrooms of the home being purchased, as annually determined by the U.S. Department of Housing & Urban Development (HUD) under the Basic Subsidy Mortgage Limits (Sec. 221 (d)(3) and 234 of the Federal Register). See attached "Snapshot" for details. This assistance can be used as down payment and closing cost assistance for eligible families to buy their first home. To be eligible, you must: 1. Have an income less than or equal to 80% of the area median income, adjusted for family size. 2. Not have owned a home in the past 3 years (exceptions will be made to single parents who are displaced homemakers). 3. Must not have filed bankruptcy within the past 24 months. 4. Purchase a property in the City of Miami with a maximum sales price of $451,000 for existing or new construction homes (eff. Sept. 1, 2024). 5. Be able to secure a mortgage with a participating lending institution (bank). How Do I Get Started? 1. Pick up an application package at the Department of Housing & Community Development (444 SW 2 Ave., Ninth Floor, Miami, FL 33130) or at any of the City's District Offices. Call 311 to find the District Office nearest you. You can also send an e-mail to sergiogarcia@miamigov.com to request a copy via e-mail. 2. Attend a Homebuyer Counseling workshop. See list of approved "Homebuyer Counseling Agencies" attached in the application package. 3. Contact any of the "Participating Lenders," included in the application package to obtain a loan commitment and to be pre -qualified for a mortgage loan, subject to the City's down payment amount. 4. Search for a home in the City of Miami based on your pre -approved loan amount and within the maximum sales price limit of $451,000 for existing or new construction homes. Note: All properties within City limits with have a folio number that starts with 01. 5. Return to your lender to have them provide you with a full mortgage commitment based on the eligible property you have identified. 6. Fill out the First-time Homebuyer Program application, gather all documents listed in the "First - Time Homebuyer Checklist" (attached to this package) under the header "Provided by Homeowner," and submit them to your lender. Your lender will add these to the required documents they (lender) must provide as indicated in the "First-time Homebuyer Checklist." Have your lender submit all the required documents to the City in one loan package. The assistance will be provided on a first -ready, first -served basis. The City of Miami reserves the right to cancel any and all applications based on lack of funding availability. For further information on the First -Time Homebuyer Program, please call 305-416-2080. Revised on 1/25 (SG CB) First -Time Homebuyer Checklist Please check every item submitted herein or provide an explanation and an anticipated date of submission. All of the documents listed in the table above must be submitted to the City of Miami in one package by the lender, for your file to be reviewed. Failure to submit a complete file will result in delays or rejection of the file. If you have any questions regarding any of the documents listed below, please call our offices at 305-416-2149. Included Document Provided by Homebuyer Provided by Lender Reservation Letter Application for Homebuyer Assistance Uniform Residential Loan Application (URLA 1003) properly signed by the applicant(s). Uniform Underwriting and Transmittal Summary (form 1008) ✓ Good Faith estimate and Truth in Lending forms (signed) ✓ Credit report ✓ Verification of Employment (VOE) - required Proof of income: paystubs (last 60 days), social security award letter, pension statement, etc. Verification of applicant's funds available for minimum down payment contribution. Income Tax returns for the past two (2) years Affordability Study Bank statements for the last six (6) months. ✓ Rent verification (canceled rental payment checks or letter from landlord) Sales contract Commitment letter from all other lenders Copy of property appraisal Certificate of Completion: Homebuyer Counseling Workshop Copy of Social Security card for all adult (18 years and older) household members Copy of State issued ID cards or Birth Certificates for all members of the household Subordinate Commitment Letters to be received within 30 days of the City's Conditional Approval Revised on 1/25 (SG_CB) Income Limits: Eligible Properties: Eligible Buyers: Maximum Sales Price: Loan Terms: Snapshot of First -Time Homebuyer Program Guidelines Income Limits (80% AMI) Number of persons in household 1 2 3 4 5 Maximum income limit $69,400 $79,300 $89,200 $99,100 $107,050 "'Effective: June 1, 2025 • Single Family Residences; • Townhomes; • Condominiums; • Property must be located in the City of Miami; • Property must meet Housing Quality Standards as per 24 CFR 982.401. • Must not have owned a home in the past 3 years; • Household income less than or equal to 80% of the area median income adjusted for family size. • Must be able to afford a monthly payment based on income and debt; • Must contribute at least $500 of personal funds towards down payment/ closing costs. $451,000 for existing properties or new construction homes.* *Amount effective as of September 1, 2024, as determined annually by U.S. HUD. • Maximum Amount of Assistance: Varies based on the number of bedrooms of the home being purchased and the financing needs of the applicant. The current maximum limits as determined by U.S. HUD under the Basic Statutory Mortgage Limits (Sec. 221 (d) (3) and 234, Federal Register) are listed in the chart below. Basic Statutory Mortgage Limits Number of bedrooms 0 1 2 3 4 Basic Subsidy $72,088 $82,638 $100,490 $130,002 $142,701 • 0% non -amortizing; • Deferred payment 30-year loan; • Payment of principal will be forgiven at end of maturity period provided that the homeowner resided in the house as their primary residence. Security: The loan will be secured by a second mortgage on the property. First Mortgage Restrictions: Other Restrictions: Resale Restrictions: Term of the loan must be 30 years; fixed interest rate & cannot exceed more than 150 basis points over Freddie Mac's weekly average 30-year rate, as published in the Primary Mortgage Market Survey ("PMMS"); no prepayment penalties; Total percentage charged for Discount, Origination & Broker fees must not exceed 2 points; all other lending fees must be reasonable and cannot exceed $500 or 0.5% of the loan amount, whichever is greater. Applicant must reside in purchased unit at all times. The loan will be due at sale, transfer of property or if the unit ceases to be the main residence of the applicant. If the owner sells and/ or transfer the house before the end of the City's mortgage term, the following provisions will apply: 1) The borrower will be required to repay the original amount given as assistance. 2) The City shall share in any `gain' realized, based on its pro -rated share of participation in the original purchase. Furthermore, if the sale occurs within the first 3 years, the City shall keep 100% of its pro -rated share of the `gain', from year 3 up to year 20, the City's share of its pro -rated `gain' shall decrease by 5% every year, while in turn, the owner's share shall increase by 5% each year. At year 20, up to the City's loan maturity, the owner shall retain 100% of the City's `gain'. 3) This above share gain proposal terminates in the event of a foreclosure, with the lender required to provide the City the right of first refusal to purchase the loan at a negotiated price. In the event of a foreclosure, the City will recapture any amount of net proceeds available from the sale of the property. Revised on 1/25 (SG CB) CITY OF MIAMI FIRST TIME HOMEBUYER PROGRAM PARTICIPATING BANKS PRESTAMISTAS PARTICIPANTES EN EL PROGRAMA PARA COMPRADORES DE VIVIENDA POR PRIMERA VEZ DE LA CIUDAD DE MIAMI Mr. Gamel Burrell Centennial Bank 8630 NW 25 St. Doral, FL 33122 786-762-4845 (office) aburrellemy100bank.com Ms. Susana Proenza Eastern National Bank 799 Brickell Plaza, 10th Floor Miami, FL 33131 (305) 808-2243 (office) (305) 347-1511 (fax) sproenza(a)enbfl.com Ms. Marla Oiz CHASE 1908 SW 8 St., Floor 1 Miami, FL 33135 (786) 740-7913 (office) (786) 740-7913 (cell) marla.oizachase.com Mr. Julio Andino City National Bank 100 SE 2nd Street Miami, FL 33131 (786) 620-8078 (cell) iulio.andino(a.citynational.com Andre Thornton True Rate Mortgage 2001 NW 58 Terrace Lauderhill, FL 33313 305-697-3771 (office) and re@trueratefl.com Jasmine Abadi Innovative Mortgage Solutions 237 S. Dixie Highway, 4th Floor Coral Gables, FL 33133 916-666-2616 (cell) Jasmin.abadi@innovativemtg.net Ms. Rosie Gaston Banking Mortgage Serv. Corp. 5820 Bird Road South Miami, FL 33155 (305) 445-9003 (office) (786) 257-3369 (fax) rgastonabmscorp. net Mr. Ernst Joseph One United Bank 3275 NW 79 St. Miami, FL 33147 (305) 696-0700 X 2245 (office) (305)696-3492 (fax) ejoseph@oneunited.com Ms. Michele Collie City National Bank 1995 E. Hallandale Beach Blvd Hallandale Beach, FL 33009 (954) 761-4264 (office) (786) 393-8646 (cell) michele.collieCa.citynational.com Ms. Brigida Billini Loan Depot 2901 SW 149 Ave., Suite 100 786-307-9085 (cell) 855-337-0463 (fax) bbillinialoandepot.com Flor Vasquez Unlimited Financial 13200 SW 128 St., Suite D-2 Miami, FL 33186 305-221-2136 (office) 786-253-5742 (cell) floc unlimitedfinancial.net Mr. Timothy Barnes Centennial Bank 1403 N. Federal Highway Ft. Lauderdale, FL 33304 954-548-3485/786-316-9797 (cell) tbarnes a.my100bank.com Ms. Leticia Nin Guardian Financial Network 2224 NW 82 Ave. Doral, FL 33122 1-888-309-2005 (office) Inin(a)gfnlending.orq Ms. Martha Garcia Seacoast Bank 396 Alhambra Circle, Suite 255 Coral Gables, FL 33134 (800) 706-9991 (office) (305) 992-7372 (cell) magarcia(a)_myprobank.com Mr. Louis Morera Citibank N.A. 2001 Biscayne Boulevard Miami, FL 33132 (305) 216-5996 (office) 1-844-830-3709 (fax) Iouis.moreraaciti.com Enrique Vasquez Unlimited Financial 13200 SW 128 St., Suite D-2 Miami, FL 33186 305-221-2136 (office) 305-308-8950 (cell) enriaue@unlimitedfinancial.net Update: 2/2025 First Time Homebuyer Program Homebuyer Counseling Agencies Agencias de Conserjeria Relacionadas al Programa de Compradores por Primera Vez Centro Campesino Farmworkers Center, Inc. 35801 SW 186 Ave. Florida City, FL 33034 305-245-7738, ext. 228 (office) 305-245-2101 (fax) Trinity Empowerment Consortium 11885 SW 216 St., Suite A Miami, FL 33170 305-248-4553, ext. 700 (phone) 877-769-3912 (fax) Neighborhood Housing Services of South Florida 300 NW 12th Avenue Miami, FL 33128 305-751-5511 (office) 305-751-2228 (fax) Real Estate Education & Community Housing, Inc. 7875 NW 12 St., Suite 101 Doral, FL 33126 786-260-6821 (office) 305-675-0858 (fax) Cuban American National Council, Inc. 1223 SW4 St. Miami, FL 33135 305-642-3484, ext. 129 (office) 305-642-4005 (fax) Opa Locka Community Dev. Corp. 490 Opa Locka Blvd. Opa Locka, FL 33054 Ph: 305-687-3545 NID-HCA Florida 610 NW 183 St. Miami Gardens, FL 33169 305-652-7616 (office) Money Management International — Miami Branch www. monevmanaaement. orq 866-232-9080 (office) Last updated October 2024 Haitian American Community Development Corporation 181 NE 82 Ave., Suite 100 Miami, FL 33138 786-230-3785 (office) 305-754-9200 (fax) NACA (Neighborhood Assistance Corp. of America) 656 NE 125 St. North Miami, FL 33161 305-341-0791 (office) 877-329-6222 (fax) Operation Hope 1740 W. 49 St. Hialeah, FL 33012 1-888-388-HOPE (4673) Housing Foundation of America 381 N. Krome Ave., Suite 203 Homestead, FL 33030 Ph: 786-842-3843 3. Have you declared bankruptcy in the last two years? City of Miami Dept. of Housing & Community Development Application for First -Time Homebuyer Assistance (A ..lication — Pate 1 of 3 I. PROPERTY INFORMATION Subject Property Address (street, city, state & ZIP) Apt. No. II. APPLICANT INFORMATION Applicant Co -applicant Applicant's Name (First Name, Middle Initial, Last Name) Co -Applicant's Name (First Name, Middle Initial, Last Name Applicant's Address (street, city, state & ZIP) Co -Applicant's Address (street, city, state & ZIP) Home Phone (include area code) Applicant Applicant's Employer Work Phone (include area code Home Phone (include area code) Home Phone (include area code) III. EMPLOYMENT INFORMATION Co -Applicant's Employer Co -Applicant Employer Address (street, city, state & ZIP) Employer Address (street, city, state & ZIP) Monthly Income Dates (from — to Monthly Income Dates (from — to IV. OTHER INFORMATION Applicant Co -Applicant 1. Have you owned a home in the Last three years? (a mobile home is titled as personal property & not considered a home) 2. If you answered YES above, are you a displaced homemaker? ❑ YES 0 NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO If you answered YES to both questions above, attach a divorce decree showing the method of disposition of the marital home. ❑ YES ❑ NO ❑ YES ❑ NO V. HOUSEHOLD INFORMATION Name Date of Birth SSN Relationship to Applicant Total Cash Value of Assets 1 Applicant $ 2 $ 3 $ 4 $ 5 $ 6 $ 7 $ Total $ Revised on 1/25 (SG_CB) (Application continuation — Page 2 of 3) VI. ANNUAL HOUSEHOLD INCOME ■ 1 Name Wages/ Salary** Benefits/ Pensions Public Assistance Other Income Annual Income $ $ $ $ $ 2 $ $ $ $ $ 3 $ $ $ $ $ 4 $ $ $ $ $ 5 $ $ $ $ $ 6 $ $ $ $ $ 7 $ $ $ $ $ Total $ $ $ $ $ ** include tips, commissions, & bonuses Disclosure of Information for Income Verification I hereby authorize the City of Miami to verify my past and present employment records, bank statements, stock holdings and any other asset balances that are needed to process this application. I further authorize the City to order consumer credit reports and verify other credit information, including past and present landlord references. It is understood that a copy of this form wi ll also serve as authorization. The information obtained here is only used to ascertain my eligibility to receive down payment and closing cost assistance. I further irrevocably grant to the City of Miami, its assigns and successors, my consent and full right to, use my name, photograph, likeness, image, voice, and biography in any and all media, publications, advertising, and publicity, in connection with my participation in the First -Time Homebuyer Program and any program related activity or project. I certify that (i) neither I, the applicant, or the co -applicant is employed by the City of Miami or by any agency/ developer which built the "Subject Property" in this application utilizing funds provided by the City of Miami, and that (ii) neither I, the applicant, or the co -applicant is related to any employee of the City of Miami or of the agency/developer which built the "Subj ect Property" in this application utilizing funds provided by the City of Miami. Warning: Florida Statute 817 provides that willful false statements or misrepresentation concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under §775.082 or 775.83 All persons age 18 and over in the applicant's household (HH) must sign below indicating their understanding of the Disclosure above. Name of Applicant (Print) Name of Co -Applicant (Print) Name of other HH member age 18 and above (Print) Name of other HH member age 18 and above (Print) Signature of Applicant Date Signature of Co -Applicant Date Signature of other HH member age 18 and above Date Signature of other HH member age 18 and above Date Revised on 1/25 (SG CB) (Application continuation — Page 3 of 3) NOTICE OF COLLECTING SOCIAL SECURITY NUMBER FOR GOVERNMENT PURPOSE The City of Miami collects your social security number for a number of different purposes. The Florida Public Records Law (specifically, Section 119.071(5), Florida Statutes) requires the City to give you this written statement explaining the purpose and authority for collecting your social security number as part of this application. Your Social Security Number is being collected for the purposes of income certifying you for the City's First-time Homebuyer Program, which requires third -party verification of assets, employment, and income. In addition, this information may be collected to verify unemployment benefits, social security/disability benefits, and other related information necessary to determine income and assets, and your eligibility for this Program that is funded by local, Federal, and/or State program dollars. Your household's social security number(s) will not be used for any other intended purpose other than verifying your household's eligibility for the City's First-time Homebuyer Program. Authorization to Collect Social Security Number ❑ 24 CFR 5.609, referred to as "Annual Income" - Code of Federal Regulations ❑ 24 CFR 92.203 Income Determinations for HOME Program — Code of Federal Regulations ❑ U.S. HUD Technical Guide for Determining Income and Allowances for the HOME Program (Third Edition (HUD-1780-CPD, January 2005) ❑ State Housing Initiatives Partnership Program — SHIP Program Manual (Revised July 2008) ❑ City of Miami Housing Program Policies and Procedures PUBLIC RECORDS DISCLOSURE AND ACKNOWLEDGMENT Information provided by the applicant(s) may be subject to Chapter 119, Florida Statutes, regarding Open Records. Information provided by you/your household that is not protected by Florida Statutes can be requested by any individual for their review and/or use. This is without regard as to whether or not you qualify for funding under the program(s) for which you are applying. Having been advised of this fact prior to finalizing the application for assistance or supplying any information, your signature below indicates that: • I/We agree to hold harmless and indemnify the City of Miami, any governmental agency, its officers, employees, stockholders, agents, successors and assigns from any and all liability and costs that may arise due to compliance with the provisions of Chapter 119, Florida Statues. • I/We agree that the City of Miami does not have any duty or obligation to assert any defense, exception, or exemption to prevent any or all information given to the City of Miami in connection with this application, or obtained by them in connection with this application, from being disclosed pursuant to a public records law request. • I/We agree that the City of Miami does not have any obligation or duty to provide me/us with notice that a public records law request has been made. • I/We agree to hold harmless the City of Miami or any governmental agency, its officers, employees, stock holders, agents, successors and assigns from any and all liability that may arise due to my/our applying for any grant or mortgage or my/our purchase of any real estate, or any matter arising out of any housing rehabilitation project funded by the City of Miami. Name of Head of Household (Print) Name of Co -Head of Household (Print) Name of Household Member Age 18+ (Print) Name of Household Member Age 18+ (Print) Name of Household Member Age 18+ (Print) Signature of Head of Household Date Signature of Co -Head of Household Date Signature of Household Member Age 18+ Date Signature of Household Member Age 18+ Date Signature of Household Member Age 18+ Date Revised on 7/24 (SG_CB) City of Miami Department of Housing and Community Development Zip Codes Exhibit I Signage Requirements Building Better Neighborhoods Mayor Francis Suarez NAME OF PROJECT SECOND LINE THIRD LINE Francis Suarez Mayor Miguel Angel Gabela District 1 Damian Pardo District 2 Joe Carollo District 3 Ralph "Rafael" Rosado District 4 Christine King District 5 Arthur Noriega, V City Manager EQUAL HOUSING OPPORTUNITY Project Construction Cost: $1,234,567 City Contribution: $1,234,567 www.miami.gov (305) 416-2080 MIAMI FOREVER BONDS This Project is located in District X represented by City of Miami Commissioner Commissioner XX Exhibit J Insurance Requirements INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE - CONSTRUCTION REQUIREMENTS - MFB LOAN AGREEMENTS FOR 3710 GROVE LANDING I. Commercial General Liability Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit (Per Job) $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $1,000,000 Endorsements Required City of Miami listed as an additional insured Contingent and Contractual Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement Extended Completed Operations providing 3 years coverage extension following project completion Including Crane and Rigging Liability, as applicable H. Business Automobile Liability Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 Endorsements Required City of Miami included as an additional insured Including Crane and Rigging Liability, as applicable III. Worker's Compensation Limits of Liability (Part A): Statutory, per State of Florida Employer's Liability A. Limits of Liability (Part B) $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit Waiver of subrogation IV. Umbrella Policy (Excess Follow Form) Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $5,000,000 Aggregate $5,000,000 City of Miami listed as an additional Insured. Coverage is excess follow form over all liability polices contained herein. V. Professional Liability/Errors & Omissions Any licensed design professional work such as that provided by architects, engineers, construction consultants, etc., shall maintain professional liability insurance: Each Claim Policy Aggregate $2,000,000 $2,000,000 If claims made, retro Date applies prior to contract inception. Coverage is to be maintained and applicable for a minimum of 3 years following contract completion. VI Payment and Performance MFE City listed as Obligee VII. Builders' Risk $TBD Causes of Loss: All Risk -Specific Coverage Project Location Valuation: Replacement Cost Total Cost of Renovation Deductible: $ 10,000 5% Maximum on Wind/Hail and Flood Coverage Extensions: City of Miami listed as loss payee Including Storage and transport of materials, equipment, supplies of any kind to be used on or incidental to the project. Equipment Breakdown for testing of al mechanized, pressurized, or electrical equipment. VIII. Safety/claims and deductibles Safety and loss control shall be exercised at all times by the Contractor for the protection of all persons, employees, and property. Any hazardous conditions must be promptly identified, reported, and action taken to mitigate as soon as possible. Notice of claims/accidents/incidents associated with this agreement shall be reported to the Contractor's insurance company and to the City's Risk Management department as soon as practical. The Contractor has the sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co- insurance penalty, or self -insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self -insured retention, or coverage exclusion or limitation. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" 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. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE—MFE LOAN AGREEMENT FOR 3710 GROVE LANDING I. Commercial General Liability Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $1,000,000 Endorsements Required City of Miami listed as an additional insured Contingent and Contractual Liability Premises and Operations Liability Primary Insurance. Clause Endorsement H. Business Automobile Liability Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 Endorsements Required City of Miami included as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" 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. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. INSURANCE REQUIREMENTS —LEASEHOLD MORTGAGE AND SECURITY AGREEMENT —FOR 3710 Grove Landing I. Commercial General Liability Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $1,000,000 Endorsements Required Mortgagee listed as an additional insured Primary Insurance Clause Endorsement Hired and Non Owned Auto Included II. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit Letter may be provided if less than (4) employees III. PROPERTY Commercial Property Insurance covering the Building and Business Personal Property of the Project Sponsor. The property policy shall cover the perils insured under the ISO Special Causes of Loss Special Form (CP 10 30), or a substitute form providing equivalent coverages written on an All Risk or Direct Physical Loss or Damage basis with no coinsurance, including wind and named storm coverage and hail not to exceed 5% deductible depending on market conditions, along with earth movement and flood, if applicable. Coverage should be included for debris removal, extended coverage, and demolition and increased cost of construction that are caused by legal requirements regulating the construction or repair of damaged facilities or subject property, including an ordinance and law endorsement, in an amount of not less than the replacement cost of the property insured and leasehold improvements (exclusive of foundation and excavation costs), trade fixtures and floor coverings. In addition, the policy should afford coverage for sprinkler leakage, if applicable, as well as coverage for time element or business income relative to loss of rents, along with boiler and machinery coverage, if applicable. The amount of insurance shall equal the full estimated replacement cost of all real and business personal property of the Project Sponsor. The Mortgagee shall be included as loss payee under the commercial property insurance. IV. Umbrella Liability Each Occurrence Policy Aggregate $2,000,000 $2,000,000 Mortgagee listed as additional insured. Coverage is excess follow form over the liability policies contained herein. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" 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. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Exhibit K Anti -Human Trafficking Affidavit ANTI -HUMAN TRAFFICKING AFFIDAVIT The undersigned affirms. certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit- I . Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section I are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Nongovernmental Entity: Co I I 0,2,-) cL-4-t ? oe-4-4..-�' J t .r c ci f'r Name: i 0., (,) t' Officer Title: Pre-s( Lcj C t"-C-) Signature of Officer: Office Address: 301. c( G-►-'�� t--) u I1(I i y F-L ,Y 3 13.3 Email Address: 3 1 /U I- C C( j( Main Phone Number: S I SC{ FEIN Noti% _ / 11_0/S _-37 STATE OF FLORIDA COUNTY OF MIAM1-DADE The foregoing instrument was sworn to and subscribed before me by means of O fihysical presence or O online notarization, this Z4 4i]ay of a� ( LOU"by �oy[t1, - tw.c,c , as the authorized officer or representative for the nongovernmental entity.. He/she is personally known to me or has produc&ic "P21V-er as identification. (NOTARY PUBLIC SEAL) My Commission Expires: 1-I F t to 5 53 C� Si_ nature ofPerso a king Oath e ifs (Printed, Typed, or Stamped Name of Notary Public) EXHIBIT. AFFIDAVIT-1 SECTION 787.06, FLORIDA STATUTES (2024). Select Year: 2024 v Go I The 2024 Florida Statutes Title Chapter 787 View Entire XLVI KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED Chapter CRIMES OFFENSES 787.06 Human trafficking.— (1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced tabor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they wilt be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, taw enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when tabor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person. (b) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. (c) "Financial harm" includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d) "Human trafficking" means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "Obtain" means, in relation to tabor, commercial sexual activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j) "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775,082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c)1. For tabor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775,082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e)1. For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (f)1. For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (g) For commercial sexual activity in which any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s. 775,082(3)(a)6., s. 775.083, or s. 775.084. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4)(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, the term "permanently branded" means a mark on the individuat's body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of this section may be seized and shall be forfeited as provided by the Florida Contraband Forfeiture Act. After satisfying any Liens on the property, the remaining proceeds from the sale of any property seized under this section and owned by a defendant convicted of a violation of this section must first be allocated to pay any order of restitution of a human trafficking victim in the criminal case for which the owner was convicted. If there are multiple human trafficking victims in the criminal case, the remaining proceeds must be allocated equally among the victims to pay restitution. If the proceeds are sufficient to pay any such order of restitution, any remaining proceeds must be disbursed as required by s. 932.7055(5)-(9). (8) The degree of an offense shall be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shall be reclassified as a felony of the first degree. (b) A felony of the first degree shall be reclassified as a life felony. (9) In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. (10)(a) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119.011, is confidential and exempt from s. 119,07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119.011, as necessary to maintain health and safety standards and to address emergency situations in the residential facility. (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities licensed by the Agency for Health Care Administration. (11) A victim's lack of chastity or the willingness or consent of a victim is not a defense to prosecution under this section if the victim was under 18 years of age at the time of the offense. (12) The Legislature encourages each state attorney to adopt a pro -prosecution policy for human trafficking offenses, as provided in this section. After consulting the victim, or making a good faith attempt to consult the victim, the state attorney shall determine the filing, nonfiling, or diversion of criminal charges even in circumstances when there is no cooperation from a victim or over the objection of the victim, if necessary. (13) When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for tabor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). History.—s. 2, ch. 2004-391; s. 1, ch. 2006-168; s. 5, ch. 2012-97; s. 300, ch. 2014-19; s. 7, ch. 2014-160; s. 96, ch. 2015-2; s. 2, ch. 2015-147; s. 3, ch. 2016-24; s. 25, ch. 2016-105; s. 4, ch. 2016-199; s. 2, ch. 2020-49; s. 2, ch. 2021-189; s. 3, ch. 2023-86; s. 7, ch. 2024- 184. Copyright © 1995-2024 The Florida Legislature • Privacy Statement • Contact Us Exhibit L Form of Rent Regulatory Agreement Schedule A Permitted Senior Financing 1. Construction Line of Credit from Banesco, national association, to Borrower in the estimated amount of $16,528,537.00 (the "Construction Line of Credit"), or other financing on reasonable commercial terms from another senior lender or HUD ("Senior Lender"), evidenced by a Promissory Note and secured by a Mortgage both from Borrower in favor of Senior Lender. The Construction Line of Credit will convert to a Permanent Loan from Senior Lender in the approximate amount of $4,578,313.00 upon conversion of the Construction Line of Credit to a Permanent Loan. SCHEDULE A PERMITTED SENIOR FINANCING 1ST POSITION: CONSTRUCTION LOAN/FIRST MORTGAGE LOAN IN THE AMOUNT OF $16,528,537. 2ND POSITION: CITY OF MIAMI FOR EVERYONE FUNDS IN THE AMOUNT OF $7,200,000 a bu '''