Item D3 D.3
`,
County of Monroe
y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
July 21, 2021
Agenda Item Number: D.3
Agenda Item Summary #3461
BULK ITEM: Yes DEPARTMENT: Assistant County Administrator Kevin
Wilson
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
No
AGENDA ITEM WORDING: Approval of a third amendment to Ground Lease between the
Monroe County BOCC and the Monroe County Housing Authority (MCHA) adding the provision
authorizing payment of up to $150,000 to the MCHA for project plan development and requiring
repayment upon receipt of Florida Housing Finance Corporation funding.
ITEM BACKGROUND:
This amendment authorizes BOCC staff to pay the MCHA up to $150,000 toward development of
plans and specifications required by the Florida Housing Finance Corporation (FHFC) as a
prerequisite for FHFC funding. The BOCC directed staff to develop this amendment using unused
funds from the Tiny House project to keep this initiative active.
Hurricane Irma, a Category 4 hurricane when it made landfall in the Florida Keys on September 10,
2017, caused the destruction of or major damage to over 4,000 homes. Many of these structures
housed the local workforce prior to the storm, exacerbating the Florida Keys' affordable workforce
housing crisis.
Congress appropriated $616 million for the State of Florida in the aftermath of Hurricane Irma. The
Department of Economic Opportunity ("DEO") developed a Community Development Block Grant
- Disaster Recovery ("CDBG-DR") Action Plan and set aside $95 million for the Florida Keys for
various programs. Of the $95 million, $10 million has been set aside for land acquisition and $25
million has been set aside for new construction of workforce rental housing for low to moderate-
income households earning up to 80% of Area Medium Income (AMI), with a requirement that a
small percentage of the units be set aside for Extremely Low Income (ELI).
The Monroe County Housing Authority was awarded funds ($5,084,043 in Development Funding)
for the following sites for acquisition and/or development for workforce housing:
• The Howard's Haven site ($845,000 for acquisition and $2,488,277 for Development
Funding);
• The Conch Key site ($1,155,000 for acquisition and $2,595,766 for Development Funding;
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The first lease amendment removes the BOCC's Key Largo parcel from the Ground Lease.
This second lease amendment provides the following provisions:
• Lessor (Housing Authority) agrees to reimburse Lessee (County) land acquisition funding
received as part of the grant; or
• If authorized by the Board of County Commission during the development process, after the
Housing Authority demonstrates any need for additional funding for development, Lessee
(County) may allow Lessor (Housing Authority) to use all or a portion of acquisition funds
needed to complete the project.
PREVIOUS RELEVANT BOCC ACTION:
17 JUL 2019 Approval of Ground Lease
16 OCT 2019 Approval of First Amendment to Ground Lease
20 NOV 2019 Approval of Second Amendment to Ground Lease
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Third Amendment to Ground Lease (Approved by Legal) (signed)
2019-11-20 2nd Amendment
2019-10-16 1 st Amendment
2019-07-17 Agreement
stateofflactionplanfordr
complete-rfa-2019-101-reflecting-7-19-19-modification---clean
Copy of Monroe County Scattered worksheet-HH (002)
Copy of Monroe County Scattered worksheet-Conch Key
Complete Underwriting Forms Package Signable
Third Amendment GL -HH CK
FINANCIAL IMPACT:
Effective Date: Upon approval and execution by both parties.
Expiration Date: 99 years from effective date.
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted: Yes
Source of Funds: 50500-530340
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
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D.3
Revenue Producing: No If yes, amount:
Grant: $
County Match: $
Insurance Required: NA
Additional Details:
REVIEWED BY:
Kevin Wilson Completed 07/06/2021 4:18 PM
Emily Schemper Completed 07/06/2021 4:28 PM
Peter Morris Completed 07/06/2021 4:41 PM
Purchasing Completed 07/06/2021 4:43 PM
Budget and Finance Completed 07/06/2021 5:07 PM
Maria Slavik Completed 07/06/2021 5:55 PM
Liz Yongue Completed 07/07/2021 9:28 AM
Board of County Commissioners Pending 07/21/2021 9:00 AM
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THIRD AMENDMENT TO GROUND LEASE
THIS Third Amendment to Ground Lease made and entered into on this day
of , 2021 by and between the BOARD OF COUNTY COMMISSIONERS OF c
MONROE COUNTY, FLORIDA (referred to as the "Lessor" or "Owner", or
"County"or"Monroe County"),a political subdivision of the State of Florida organized 0)
and existing under the laws of the State of Florida, and THE MONROE COUNTY
HOUSING AUTHORITY (referred to as the "Lessee" or "Initial Lessee", or
"Contractor" or "Occupant"), a public body, corporate and politic, created and
organized pursuant to and in accordance with the provisions of Housing Authorities Law,
codified pursuant to Chapter 421, Florida Statutes.
RECITALS
WHEREAS, Lessor is the owner in fee simple of that certain property located at --
what is now known as 31 S. Conch Avenue, Conch Key (bearing Property Identification
Number 00385780-00040o), and is the owner in fee simple of that certain property
located at what is now known as 31535 Avenue C, Big Pine Key (bearing Property
Identification Number 00302670-00000o), and is the owner in fee simple of that certain
property located at 2 N. Conch Avenue, Conch Key (bearing Property Identification
Number 0038578o-000000), Monroe County, Florida; and
WHEREAS, Lessor and Lessee entered into that certain Ground Lease regarding
the above-referenced property(hereinafter the"subject property") on July 17th,2o1g;and
WHEREAS, Lessor and Lessee entered into that certain First Amendment to
Ground Lease relating to the subject property on October 16th, 2019; and
WHEREAS, Lessor and Lessee entered into that certain Second Amendment to
Ground Lease relating to the subject property on November loth, 2019; and
WHEREAS, Lessor and Lessee desire to amend the operative Ground Lease, as
amended,in order to provide that Lessor will provide funding of the costs of construction
and design drawings, plans, and specifications (hereinafter"plans") for the development
project(s) associated with the subject property; and
WHEREAS, Lessee has estimated, and estimates, that it shall cost between
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$125,000 and $150,000 to obtain a complete set of such plans; and W
WHEREAS, Lessor and Lessee desire to amend the operative Ground Lease, as
amended, in order to provide that the Lessee shall reimburse the Lessor, in full, within
thirty (3o) days of the Lessor's issuance of a Notice to Reimburse letter furnished to
Lessee, unless Lessor, expressly in said Notice, provides for a different date certain by
which Lessee shall be required to reimburse Lessor for the monies expended by Lessor to
fund payment for such plans;
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NOW THEREFORE, in consideration of the mutual covenants and obligations
contained herein, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
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i. The above and foregoing recitals are true and correct and are hereby
incorporated as if fully stated herein.
2. The parties'operative Ground Lease, as amended, is hereby incorporated as if
fully stated herein. E
3. Article VI of the operative Ground Lease, as amended, is hereby amended to add
the following fourth paragraph to Section 6.01 of said Article:
The Lessor, utilizing monies within. its One Cent Infrastructure Sales Tax_(Fund
3 agrees to provide a not-to-exceed amount of up to S15o,000.00 in funding for
affordable and/or affordable-employee housing ro'ect development plans associated
with the subject nrover y. Authorized funding,to be provided by Lessor is strictly limited
to said 0ans associated with the subject pro erWs affordable and or affordable-
employee housing project. If such funds cannot be obtained or cannot be provided at a >
level sufficient to allow for such fundWng.to be furnished to allow for payment for such
Tans this amendment may be terminated immediately at the_o ption of the Lessor b
written notice of termination delivered to the Lessee.The Lessor shall not be obligated to
pay for any services or goods after such notice of termination has been provided. The W
funding provided by this lease amendment is-.contingent upon an annual appropriation
by
Lessor.Monroe County Board of County Commissioners.The Lessee Agrees that it shall
reimburse the Lessor in full within thirty(3_0) days of the Lessor's issuance of a notice to
reimburse provided to the Lessee. The date certain by which Lessee shall be obligated to
remit such payment in full back over to the Lessor ma_Lbe extended, in the Lessor's sole
discretion if ex resslv reduced to writing in said notice to reimburse letter or a follow-u
letter thereto.
4. Article XIV of the operative Ground Lease, as amended, is hereby amended to y
add the following underlined language to Section 14.o1(b) of said Article:
During the course of procurement and development of construction and design
drawings ,plans and specifications ("plans") for the subject project and during the
course of construction of the subject project, Lessee shall provide to the Lessor written
status reports on said project upon request by the Lessor. The Lessee shall comply with
all ublic,records,and records retention requirements mandated by Section 24. Article I 03
of the Florida Constitution,_and Chanter 11 , Florida Statutes, and shall maintain and
keep all books documents, and records directly pertinent to performance under the
operative ground lease,as amended as are necessary to document the performance of the
o erative round lease as amended and expenses as incurred and in accordance with
generally accented accounting principles consistently applied.The Lessor and Lessee,and
the Lessee's agents and contractors, shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters, or other materials in their possession or
under their control where such records are subject to public disclosure under the
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provisions of Chapter 119, Florida Statutes, or successor or supplemental statutes.
Lessee(s) (but not individual sub-lessees) shall maintain all records directly pertinent to
performance under this lease in accordance with Chapter 119,F.S.,and in accordance with
generally accepted accounting principles consistently applied. The County Clerk, State 0
Auditor, or a designee of said officials.
5. All other terms, covenants, conditions, and provisions of the operative Ground E
Lease, as amended, except those expressly modified and rendered inconsistent by
this Amendment, remain in full force and effect and remain binding upon the
parties.
6. This lease amendment may be executed in any number of counterparts, each of
which shall be regarded as an original, all of which taken together shall constitute
one and the same instrument and any of the parties hereto may execute this lease
by signing any such counterpart.
IN WITNESS WHEREOF, the Lessor and the Lessee have hereunto set their
hands and seals, as of the day and year above written.
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FOR LESSOR BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
By:
Mayor W
Date:
(SEAL)
ATTEST: KEVIN MADOK, CLERK
By:
As Deputy Clerk
Monroe County Attorney
Approved as to Form:
MONROE COUNTY ATTORNEY
A VED tt TO FORM
By: Date. z�1�^
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FOR LESSEE:
Monroe?Coun)-ZOL '* Authority
By. E
Randy Sterlin , 1 xecutive Director
WITNESSES:
Witness No. 1 (Print Name)
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ns
Witness Novi (Signature)
LUZ- a eCd7I1
Witness No. 2 (Print Name)
Witness No. 2 (Signature)
STATE OF 1
COUNTY OF C d >
The foregoing instrument,Third Amendment to Ground Lease between the Board
of County Commissioners of Monroe County, Florida, and the Monroe County Housing
Authority, was acknowledged and attested before me this _ day of
2021, by Randy Sterling, in his official capacity, who is personally
known to me or produced n >
and did take an oath. VANESSASELLERS
MY COMMISSION#HH 086529
EXPIRES:January 31,2026
'• Op FIQP• Bonded Thru Notary Public UrWerwftrs
Notary Public (Print Name and Notary No.) Notary Public Seal
Notary Public (Signature)
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Doc#2252578 Bk#3004 Pg#1176
Recorded 1/21/2020 11:44 AIM Page 1 of 48
Filed and Recorded in Official Records of
MONROE COUNTY KEVINI MADOK,CPA
SECOND AMENDED LEASE
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BETWEEN
THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA
"LESSOR" Ch
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AND
THE MONROE COUNTY HOUSING AUTHORITY ca
"LESSEE"
FOR PROPERTY LOCATED ON BIG PINE KEY,AND CONCH KEY,
MONROE COUNTY, FLORIDA y
DATED N"''��^bw 2' 2019
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Table of Contents '
Article Title Page No.
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I Definitions 4
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II Demised Premises 6
III Term 7
IV Rent c
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V Non-Subordination 8
VI Payment of Taxes and Utilities 9
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VII Mechanics' Liens 11
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VIII Governing Law, Cumulative Remedies 13
IX Indemnification of Lessor 13
X Insurance 14
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XI Insurance Premiums 18
XII Assignment/Transfer 19
XIII Condemnation 20
XIV Construction 21 h®
XV Mortgage Financing 24
XVI Default 27
XVII Repair Obligations 29
XVIII Additional Covenants of Lessee/Lessor 30
XIX Representations,Warranties of Title and Quiet Enjoyment
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and No Unlawful or Immoral Purpose or Use 32
XX Miscellaneous 32
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SECOND AMENDED OCCUPANCY AGREEMENT AND GROUND '
LEASE
THIS Second Amended Agreement and Lease made and entered into on this
day of ,2oig by and between the BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (referred to as the "Lessor" or "Owner", or
"County"or"Monroe County"),a political subdivision of the State of Florida organized
and existing under the laws of the State of Florida, and THE MONROE. COUNTY
HOUSING AUTHORITY (referred to as the "Lessee" or "Initial Lessee", or
"Contractor"or"Occupant"),a public body,corporate and politic,created and organized
pursuant to and in accordance with the provisions of Housing Authorities Law, codified c
pursuant to Chapter 421, Florida Statutes.
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RECITALS
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WHEREAS, Lessor is the owner in fee simple of that certain property located at
what is now known as 31 S. Conch Avenue, Conch Key (bearing Property Identification
Number 00385780-000400), and is the owner of an option to hold land in fee simple
located at what is now known as 31535 Avenue C, Big Pine Key (bearing Property y
Identification Number 00302670-00000o and 00302680-000000), and located at 2 N.
Conch Avenue, Conch Key(bearing Property Identification Number 00385780-000000),
Monroe County, Florida, said four properties (hereinafter cumulatively referred to as the
"Property") being more particularly legally described as per the attached incorporated
Exhibit"A."; and
WHEREAS, Lessee desires to develop the Property for rental use of 20 affordable
workforce housing units pursuant to the FHFC RFA 2019-101 CDBG-DR in Monroe County
for qualified tenant occupants; and
WHEREAS,Lessee desires to use the Property for rental use of 20 future housing
units for qualified tenant occupants as workforce housing (as defined in the above-
referenced FHFC RFA 2019-101); and
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WHEREAS, in order to preserve the affordability of the dwelling unit(s) to be
developed, used, and occupied on the Property, Lessor desires to lease the Property to
Lessee for ninety-nine(99)years,subject to the FHFC CDBG-DR program Restrictions as
set forth and further defined herein; and
WHEREAS,the Lessor and Lessee agree that the Lessee shall develop the Property
in accordance with all requirements of the Community Development Block Grant-Disaster
Recovery("CDBG- DR") Program; and
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WHEREAS, Lessor and Lessee desire and hereby enter into this 99-year lease to
ensure and preserve affordability in perpetuity of the Property and all dwelling units
thereon; and
WHEREAS,Lessor and Lessee mutually agree to the Property Management process
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and guidelines asset forth more fully below and attached incorporated Exhibit"B."to the '
extent allowed by the Florida Department of Economic Opportunity and Florida Housing
Finance Corporation;
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NOW THEREFORE, in consideration of the mutual covenants and obligations
contained herein,the receipt and sufficiency of which are hereby acknowledged,the parties
agree as follows:
The foregoing recitals are true and correct and are hereby incorporated as if fully
stated herein, and all exhibits attached hereto are true and correct, have been agreed to
by Lessor and Lessee, and are hereby incorporated as if fully stated herein.
ARTICLE I
Definitions 2
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"FHFC"shall mean the"Florida Housing Finance Corporation."
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"CDBG-DR" shall mean they Florida Department of Economic Opportunity's 0)
"Community Development Block Grant-Disaster Recovery" initiative/program.
"Workforce Housing Restriction" shall mean a dwelling unit whose monthly rent
meets the requirements of the State and Federal Government requirements of the grants 0
awarded;or,upon the parties'mutual written agreement,"Workforce Housing Restriction"
may alternatively mean a dwelling unit whose occupancy is subject to a maximum income
limit as allowed by the FHFC and/or the U.S. Department of Housing and Urban E
Development (HUD). Tourist housing use or vacation rental use of any Unit(s) are
prohibited.Said restriction shall encumber the Property for the term of the ninety-nine(99) E
year lease. Preference shall be granted to qualified full-time employees of Lessor, and to
qualified full-time employees of Lessee. The legal effectiveness and enforceability of such
preference is contingent upon approval of the Florida Department of Economic
Opportunity, Florida Housing Finance Corporation, and United States Department of
Housing and Urban Development.
Moreover, Lessor may establish in the foregoing Workforce Housing Restriction(s)
"means"or"assets"criteria that limit potential rental pools,as allowed by the FHFC and/or
the HUD. Any such amendment shall not increase Initial Lessee's responsibilities as set
forth herein. It is the intent and purpose and shall be the effect of this Lease and the
Workforce Housing Restriction(s) herein, to ensure that the workforce housing units'
affordability of the dwelling unit and dedicated real property upon which they are located is
maintained and enforced such that any administrative rule, policy, or interpretation
thereof, made by Lessor or its designees relating to the maximum total amount of
consideration and cost permitted to be in any way involved in a purchase transaction
(including, but not limited to, purchase price, lease assignment fees, rents, or any other
compensation given or received in or"outside"of a related transaction)shall never exceed
the workforce housing criteria established by FHFC for the dwelling unit involved.In every
case,the construction and interpretation of terms,conditions,and restrictions imposed by
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this Lease and the foregoing Workforce Housing Restriction(s) shall be made in favor of '
ensuring that long-term workforce housing benefits for the respective housing resources
inure to the benefit of Monroe County.
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"Workforce Housing Unit"means the dwelling unit to be located on the Property in
accordance and in compliance with this Lease, including the Workforce Housing
Restriction. Preference shall be granted to qualified full-time employees of Lessor and/or
Lessee. The legal effectiveness and enforceability of such preference is contingent upon
approval of the Florida Department of Economic Opportunity, Florida Housing Finance
Corporation, and United States Department of Housing and Urban Development. The
parties each agree that 20 such units, all subject to the above-defined Workforce Housing
Restriction, shall be developed on the Property.
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"Commencement Date"shall mean the date when Initial Lessee receives a Certificate
of Occupancy for the Workforce Housing Unit.
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"Demised Premises" shall mean the property leased pursuant to this Lease for
development of the Workforce Housing Unit(s), more particularly legally described on
attached Exhibit"A."Demised Premises,where the context requires and the construction y
is most appropriate, shall also mean portions of the Demised Premises and any
improvements developed thereon.
"Effective Date"shall mean the date this Lease is fully executed and delivered by all
parties and the date that the Lessee shall be entitled to begin to occupy the Demised
Premises for purposes of development and construction of the Project and property
management. E
"Initial Lessee" means the Monroe County Housing Authority.
"Lease"shall mean this lease for the creation of the Workforce Housing Unit(s)on
the Demised Premises,as may be amended from time to time by the parties.It is expressly r-
contemplated and intended by Lessor, as fee title holder to the Demised Premises, and
agreed to and accepted by Lessee(s), that any limitations, restrictions and/or other
covenants of any nature,whether established pursuant to this Lease or by the Workforce
Housing Restriction(s),be given the full force and effect of enforceable covenants running
with the land,equitable servitudes and all other cognizable legal and equitable real property
conventions so as to ensure the overall public workforce housing purposes intended to be
served,including appropriate application of cumulative enforcement theories.
"Lease Year" shall mean the twelve (12) month period beginning on the
Commencement Date and each twelve(12)month period thereafter throughout the Term of cv
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this Lease.
"Lessor"means the BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, or its assigns or designees. Where the context requires, "Lessor"
may be construed mean an agency or parry designated by the Lessor.
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"Lessee" means the Initial Lessee and its successors and assigns, including any
Lessor-authorized Association(s) created by Initial Lessee for the Unit tenants, if any, as
well as the individual Unit tenants.
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"Project" shall mean the required development of the Demised Premises for
workforce housing units for qualified tenant occupants,primarily the required construction
of such units as set forth in Article XN,but also including related infrastructure, 'securing
of required development approvals and permits, financing for the construction of the
Workforce Housing Unit(s), and marketing of the Workforce Housing Unit(s).
"Related Agreements"shall mean any purchase and sale or other agreement entered c
into with Monroe County contemporaneously and in conjunction with this Lease.
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"Rent" shall mean any sum of money due to the Lessor under this Lease for any
reason.The term"Rent"as used herein,shall not be misconstrued as authorizing any rental
use other than that descriptively authorized within the body of this lease,and shall not be
misconstrued to preclude definition and distinguishing of rent,rental rates,and other such
terms as may be provided for in Subleases.
"Sublease" shall mean any combination of instruments that grant, convey or
otherwise transfer a possessory use and/or possessory interest to any portion of the
Demised Premises,including,upon Lessor's subsequent express authorization of rental use
and rental-occupancy of the Workforce Housing Unit(s), such authorize(d) rental 2
agreement(s)with tenants or renters of a Workforce Housing Units)(which maybe more
particularly discussed herein or in the Workforce Housing Restriction(s).The title or exact
nomenclature used to describe such instruments may vary to suit particular circumstances E
and shall lie within Initial Lessee's reasonable discretion and still remain within the
meaning herein intended. It is intended that the term Sublease encompasses such
instruments that effectuate qualified end-user, possession, and/or use of Workforce
Housing Unit developed on the Demised Premises.
"Sublessee"or shall be broadly and liberally construed so as to mean an individual
Workforce Housing Unit tenant who,as of the date such person acquires or renews his/her
interest in the Workforce Housing Unit,and qualifies,as applicable,under the Workforce
Housing Restriction.
"Term"shall mean the Commencement Date, and continuing for ninety-nine (99)
years thereafter,plus any agreed upon extension of this Lease, and unless otherwise
permitted by Lessor, all Subleases and rights or interests granted thereunder shall
terminate at the end of the Term.
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ARTICLE II
Demised Premises
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Section 2.oi Lessor's Demise.Upon the terms and conditions hereinafter set forth,
and in consideration of the payment of the Rents and the prompt and full performance by W
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the Initial Lessee of these covenants and the terms and conditions of any Related '
Agreements,to be kept and performed by the Initial Lessee,the Lessor does lease,let,and
demise to the Initial Lessee (and permitted successor Lessees) and the "Initial Lessee"
hereby leases from the Lessor,the following described premises,situate,lying and being in
Monroe County, Florida: See attached Exhibit"A."
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Section 2.02 Conditions. The demise is likewise made subject to the following:
(a) Conditions, restrictions and limitations, if any, now appearing of
record;
bN The Monroe County Comprehensive Plan,the Monroe County Code of
Ordinances and Monroe County Land Development Code, and any other applicable
governmental body now existing or which may hereafter exist by reason of any legal
authority during the Term of this Lease; and
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LcJ The proper performance by the Lessee of all of the terms and
conditions contained in this Lease, the Workforce Housing Restriction(s) and Related
Agreements, if any. y
ARTICLE III
Term
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Section�.oi Term.To!have and to hold the Demised Premises for a term of ninety-
nine (99) years commencing on the Commencement Date, and ending ninety-nine (99) W
years thereafter,both dates inclusive,unless sooner terminated,or extended,as hereinafter
provided(the"Termination Date"). Lessee shall be given possession on the Effective Date
and the terms and conditions set forth herein shall be binding on the parties as of the
Effective Date. Lessee shall have the right to occupy the Demised Premises as of the
Effective Date in order to allow Lessee to commence construction,as well as other activities
related to the development and construction of the Project.As herein set forth, the Term
will not commence until the Workforce Housing Unit(s)is/are completed and a Certificate
of Occupancy has been issued for said unit(s).
Section 2.02 Renewal Option. So long as Lessee is not then in default under this
Lease, Lessee shall have the option to renew this Lease for an additional ninety-nine
(99)year period by providing written notice of its election to renew this Lease to Lessor
no less than three (3) months prior to Termination Date.The terms, conditions, and
conditions of the renewal term shall be the same as under this Lease.
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ARTICLE IV CD
Rent
Section 4.01 Annual Base Rent. Lessee covenants and agrees to pay to Lessor
promptly when due, without notice or demand, and without deduction or offset, Annual
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Base Rent throughout the Term of this Lease beginning on the Commencement Date,in the '
amount of Ten Dollars ($io.00) per Lease Year or partial Lease Year. Lessee shall pay to
Landlord said Annual Base Rent upon Commencement of the lease and on the first day of
the second month of each Lease Year throughout the term of this Lease.
Section 4.02. All amounts payable under Section 4.oi hereof, as well as all other
amounts payable by Lessee to Lessor under the terms of this Lease, shall be payable in
lawful money of the United States which shall be legal tender in payment of all debts and
dues,public and private,at the time of payment,each payment to be paid to Lessor at the
address set forth herein or at such other place within the continental limits of the United
States as Lessor shall from time to time designate by notice to Lessee. Except for any c
income tax payable by the Lessor, Lessee shall pay any and all taxes, including any local
surcharge or other tax,on the Rent payable pursuant to this Lease in addition to the sums
otherwise set forth herein.
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Section 4.03_It is intended that the Rent shall be absolutely net to Lessor throughout
the Term,free of any taxes,costs,utilities,insurance expenses,liabilities,charges or other
deductions whatsoever, with respect to the Demised Premises and/or the ownership,
leasing, operation, maintenance, repair,rebuilding, use or occupation thereof. y
Section 4.o4.All amounts payable by Lessee to Lessor under any of the provisions of
this Lease, if not paid when due as provided for in this Lease, shall bear interest at the
highest rate allowable under Florida law from the time they become due until paid in full by
Lessee. In addition, Lessee shall pay a late fee in the amount of ten (io%) percent of any c
amount due from Lessee to Lessor which is not paid within ten(io) days of the payment
due date for any sums due for Rent and within thirty(3o)days for any other sums due from
Lessee pursuant to this Lease; provided, however, such payment shall not excuse or cure
any default by Lessee under this Lease. It is agreed by the parties hereto that Lessee shall
reimburse Lessor for collection charges incurred as a result of the overdue Rent which may
include but shall not be limited to related attorneys' fees, regardless of whether suit is
brought. Such late fee shall be in addition to any interest payable by Lessee as set forth
herein from Lessee's failure to pay any Rent due hereunder. In the event that any check,
bank draft, order for payment or negotiable instrument given to Lessor for any payment
under this Lease shall be dishonored for any reason whatsoever not attributable to Lessor,
Lessor shall be entitled to charge Lessee an administrative charge for dishonored checks
pursuant to law.In addition,Lessor shall be reimbursed by Lessee for any costs incurred by
Lessor as a result of a payment instrument being dishonored(e.g., legal fees).
ARTICLE V
Non-Subordination
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Section s.oi Non-Subordination. Notwithstanding anything to the contrary
contained in this Lease, the fee simple interest in the Demised Premises shall not be
subordinated to any leasehold mortgage,lien or encumbrance of any nature without written
permission of the Lessor and Lessee.Furthermore,the Lessor's right to receive payment or
performance under the terms of this Lease or adherence to any of its conditions or to the
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Workforce Restriction(s)(or performance under or adherence to the terms of any Sublease '
or related instrument)shall not be subordinated to any debt or equity financing,leasehold
mortgage,lien,encumbrance or obligation of any nature without written permission of the
Lessor and Lessee.
ARTICLE VI
Payment of Taxes and Utilities
Section 6.oi Lessee's Obligations. From the Effective Date to the Commencement
Date and as additional Rent during the Term of the Lease, the Lessee shall pay and
discharge, as they become due, promptly and before delinquency, all taxes, assessments,
water and sewer rents,rates and charges,transit taxes,charges for public utilities,excises,
levies, licenses and permit fees and other governmental charges (annual easement fee),
general and special,ordinary and extraordinary,unforeseen and foreseen,of any kind and
nature whatsoever,which at any time during the Term of this Lease maybe assessed,levied,
confirmed, imposed upon, or grow or become due and payable out of or in respect of, or
become a lien on,the Demised Premises,or otherwise arise out of the revenues received by
the Lessee from the sale or rental of the Workforce Housing Units to Sublessees, or be y
associated with any document(to which the Lessee is a party) creating or transferring an
interest or estate in the Demised Premises.With regard to special assessments,if the right
is given to pay either in one sum or in installments, Lessee may elect either mode of
payment and Lessee's election shall be binding on Lessor.
0
The Lessor shall establish an operating deficit reserve account that shall be funded
by 20% of the annual cash flow of the project, as determined by the annual audit. All
payments required for operational expenses shall be made from the project operating
account for the CDBG-DR project.If at any time the remaining balance of said account is or
will be insufficient to meet the payables due, the Lessee shall use the operating deficit
reserve account to cover all expenditures. At such future time as the project operating
account has surplus cash flow, the project operating deficit reserve account shall be
replenished in the exact amount it was reduced to cover the withdrawals made from this >
account.
The Lessee shall upon receipt of grant funds from the FHFC,reimburse Lessor for all
real estate expenses and relocation costs pre-paid by Lessor consistent with the Florida
Housing Finance Corporation (FHFC) approved Development Pro-Forma. Should E
acquisition funds be directed to MCHA by FHFC, Lessee shall also reimburse Lessor for all
acquisition funds in connection with the acquisition of Conch Trailer Court and Howard's
Haven,consistent A ith FHFC's approved budget and release of funds by FHFC. Lessor and
Lessee agree that acquisition funds may be used for development if actual development
costs exceed budgeted development costs. Lessor and Lessee agree that acquisition funds N
may be used for development if actual development costs exceed budgeted development
costs.
N
Section 6.02 Obligations Altered. Nothing herein shall require the Lessee to pay
municipal, state, or federal income taxes assessed against the Lessor, municipal, state, or
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federal capital levy, estate, gift, succession, inheritance or transfer taxes of the Lessor, or '
Lessor's legal representative,corporate franchise taxes imposed upon any corporate owner
of the fee of the Demised Premises; provided,however,that if at any time during the term
of this Lease the methods of taxation prevailing at the commencement of the term hereof
shall be altered so as to cause the whole or any part of the taxes, assessments, levies,
impositions or charges now levied, assessed and imposed,wholly or partially as a capital
levy,or otherwise,on the rents received therefrom,or of any tax,corporation franchise tax,
assessments, levy (including, but not limited to any municipal, state or federal levy),
imposition or charge,or any part thereof,shall be measured by or based in whole or in part N
upon the Demised Premises and shall be imposed upon the Lessor, then all such taxes,
assessments,levies,impositions or charges,or the part thereof so measured or based,shall
be paid and discharged by the Lessee. All rebates on account of any taxes, rates, levies,
charges or assessments required to be paid shall belong to Lessee.
Section 6.m Mode of Pam. The Lessee (and any Sublessee, as to their specific
interests in the Demised Premises)shall pay the taxes and other charges as enumerated in
this Article VI and shall deliver official receipts evidencing such payment to the Lessor
(Sublessees shall only deliver receipts as may be required by the Housing Restriction(s)),
which payment of taxes shall be made and the receipts delivered, at least thirty(3o) days
before the tax, itself, would become delinquent in accordance with the law then in force
governing the payment of such tax or taxes. If,however,the Lessee desires to contest the
validity of any tax or tax claim, the Lessee may do so without being in default hereunder,
provided the Lessee gives the Lessor notice of the Lessee's intention to do so and furnishes 0
the Lessor or the applicable governmental agency with a bond with a surety made by a
surety company qualified to do business in the State of Florida or pays cash to a recognized
escrow agent in Monroe County,one and one half(11/2)times the amount of the tax item or
items intended to be contested,conditioned to pay such tax or tax items when the validity
thereof shall have been determined,and which written notice and bond or equivalent cash E
shall be given by the Lessee to the Lessor,not later than sixty(6o)days before the tax item
or items proposed to be contested would otherwise become delinquent.
Section 6.04 Lessee's Default.If the Lessee shall fail,refuse or neglect to make any of
the payments required in this Article,then the Lessor may,but shall not be required to,pay
the same and the amount or amounts of money so paid,including reasonable attorneys'fees
and expenses which might be reasonably incurred because of or in connection with such
payments, together with interest on all such amounts, at the highest rate allowed by law 0)
shall be repaid by the Lessee to the Lessor, upon the demand of the Lessor, and the
payment thereof may be collected or enforced by the Lessor in the same manner as though
such amount were an installment of Rent specifically required by the terms of this Lease to
be paid by the Lessee to the Lessor, upon the day when the Lessor demands repayment
thereof or reimbursement therefor of and from the Lessee;but the election of the Lessor to
pay such taxes shall not waive the default thus committed by the Lessee.Notwithstanding
the foregoing, Lessee shall have the right to contest any taxes and assessments levied
against Lessee in accordance with Section 6.04, above; and provided Lessee files the
appropriate documentation to contest said tax or assessment,Lessee shall not be in default
of this Lease or obligated to pay any interest or other penalties to Lessor. Nothing herein
shall be construed to prevent or inhibit the assessment measures and collection remedies E
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lawfully available to any taxing authority. '
Section 6.o5 Sublessee's Default. If a Sublessee shall fail, refuse or neglect to make Ca
any of the payments required in this Article,then the Lessor may,but shall not be required
to, pay the same, and the amount or amounts of money so paid, including reasonable
attorneys' fees and expenses which might be reasonably incurred because of or in
connection with such payments,together with interest on all such amounts,at the highest
rate allowed by law shall be repaid by the Sublessee to the Lessor,upon the demand of the
Lessor, and the payment thereof may be collected or enforced by the Lessor in the same
manner as though such amount were an installment of Rent specifically required by the
terms of this Lease to be paid by the Sublessee to the Lessor,upon the day when the Lessor
demands repayment thereof or reimbursement therefor of and from the Sublessee;but the
election of the Lessor to pay such taxes shall not waive the default thus committed by the
Sublessee. Notwithstanding the foregoing, Sublessee shall have the right to contest any
taxes and assessments levied against Sublessee; and provided Sublessee files the
appropriate documentation to contest said tax or assessment, Sublessee shall not be in
default of this Lease or obligated to pay any interest or other penalties to Lessor.Nothing
herein shall be construed to prevent or inhibit the assessment measures and collection
remedies lawfully available to any taxing authority.
0)
Section 6.o6 Proration. The foregoing notwithstanding, the parties hereto
understand and agree that the taxes for the first year(beginning on the Effective Date)and
the last year of the Term shall be prorated proportionately between the Lessor and the
Lessee. 2
0
Section 6.o7 Appraiser to Respect Effect of Affordable Workforce Housing
Restrictions.It is the intent of the parties that any appraisal of any portion of the Demised E
Premises for taxation,public assessment or utility service purposes fully reflect the effect of
this Lease and the affordable Workforce Restrictions on the lawfully realizable value of E
relevant portion(s) appraised, or where permissible by state law, "income approach" or
other method of calculation.
ARTICLE VII >
2
Mechanic's Liens
Section 7.oi No Lien.Neither the Lessee nor any Sublessee shall have the power to
subject the interest of the Lessor in the Demised Premises to any mechanic's or
materialmen's lien of any kind whether or not the improvements are made with the consent
of the Lessor. In accordance with the applicable provisions of the Florida Mechanic's Lien
Law and specifically Florida Statutes, Section 713.1o, no interest of the Lessor in the
Demised Premises or in the underlying land shall be subject to liens for improvements
made by Lessee,and Lessee shall notify any contractors,materialmen,subcontractors and
other persons working on such improvements of this provision.Neither the Lessee nor any
Sublessee shall permit or suffer to be filed or claimed against the interest of the Lessor in
the Demised Premises during the continuance of this Lease any lien or claim of any kind,
and if such lien be claimed or filed, it shall be the duty of the Lessee, or the Sublessee, to
which the lien or claim is attributable, or both, within thirty(3o) days after the Lessee or
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Sublessee shall have been given written notice of such a claim,either by payment or by the '
posting of bond or by the payment to a court of competent jurisdiction of the amount Ca
necessary to relieve and release the relevant portion of the Demised Premises from such
claim, or in any manner which, as a matter of law,will result,within such period of thirty
(3o)days,in releasing the Lessor and the title of the Lessor from such claim;and the Lessee
covenants and agrees,with respect to any lien or claim attributable to it,within such period
of thirty (3o) days, so as to cause the affected portion of the Demised Premises and the
Lessor's interest therein to be released from the legal effect of such claim.
Section 7.02 Release of Lien. Neither the Lessee nor any Sublessee shall permit or
suffer to be filed or claimed against the interest of the Lessor in the Demised Premises
during the continuance of this Lease any lien or claim of any kind, and if such lien be
claimed or filed, it shall be the duty of the Lessee, or the Sublessee, to which the lien or
claim is attributable,or both,within thirty(30)days after the Lessee or Sublessee shall have
been given written notice of such a claim having been filed,to cause the respective portion
of the Demised Premises to be released from such claim, either by payment or by the
posting of bond or by the payment to a court of competent jurisdiction of the amount
necessary to relieve and release the relevant portion of the Demised Premises from such
claim, or in any other manner which, as a matter of law,will result,within such period of
thirty(3o)days,in releasing the Lessor and the title of the Lessor from such claim;and the
Lessee covenants and agrees,with respect to any lien or claim attributable to it,within such
period of thirty(3o)days,so as to cause the affected portion of the Demised Premises and
the Lessor's interest therein to be released from the legal effect of such claim. 0
0
Section 7.0i Lessee's Default.If the Lessee shall fail,refuse,or neglect to perform its
obligations as required in this Article,then the Lessor may,but shall not be required to,pay E
any sums required to cause the Demised Premises and the Lessor's interest therein to be
released from the legal effect of such claim and the amount or amounts of money so paid, E
including reasonable attorneys' fees and expenses which might be reasonably incurred
because of or in connection with such payments,together with interest on all such amounts
at the highest rate allowed by law, shall be repaid by the Lessee to the Lessor, upon the
demand of the Lessor,and the payment thereof may be collected or enforced by the Lessor
in the same manner as though such amount were an installment of Rent specifically
required by the terms of this Lease to be paid by the Lessee to the Lessor, upon the day
when the Lessor demands repayment thereof or reimbursement therefor of and from the
Lessee; but the election of the Lessor to pay such amount shall not waive the default thus
committed by the Lessee.
Section 7.04 Sublessee's Default. If the Sublessee shall fail, refuse, or neglect to
perform its obligations as required in this Article, then the Lessor may, but shall not be
required to,pay any sums required to cause the Demised Premises and the Lessor's interest
therein to be released from the legal effect of such claim and the amount or amounts of
money so paid, including reasonable attorneys' fees and expenses which might be
reasonably incurred because of or in connection with such payments,together with interest
on all such amounts at the highest rate allowed by law,shall be repaid by the Sublessee to
the Lessor, upon the demand of the Lessor, and the payment thereof may be collected or
enforced by the Lessor in the same manner as though such amount were an installment of
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Rent specifically required by the terms of this Lease to be paid by the Sublessee to the '
Lessor, upon the day when the Lessor demands repayment thereof or reimbursement
therefor of and from the Sublessee;but the election of the Lessor to pay such amount shall
not waive the default thus committed by the Sublessee.
ARTICLE VIII
Governing Law, Cumulative Remedies
Section 8.ol Governing Law.All of the rights and remedies of the respective parties
relating to or arising under this instrument and any related documents shall be governed by
and construed under the laws of the State of Florida,and the FHFC RFA and development
agreement.
Section 8.02 Cumulative Remedies.All rights and remedies accruing to the Lessor
shall be assignable in whole or in part and be cumulative; that is, the Lessor may pursue
such rights as the law and this Lease afford to it in whatever order the Lessor desires and
the law permits. Lessor's resort to any one remedy in advance of any other shall not result
in waiver or compromise of any other remedy.
ARTICLE IX
2
Indemnification of Lessor 0
0
Section Q.o 1 Indemnification by Lessee.During the Term of the Lease,and from the
Effective Date to the Commencement Date during which Lessee shall be entitled and
obligated to maintain site control of and insurance for the Demised Premises for
construction of the Workforce Housing Unit(s), Lessee shall indemnify, defend, and hold E
and save harmless the Lessor against any and all claims, debts, demands or obligations
which may be made against the Lessor or against the Lessor's title in the Demised Premises,
arising out of,or in connection with,or in any way related to the Demised Premises,except
for any claims,debts,demands,or obligations which may be caused by the gross negligence
or willful misconduct of Lessor. If it becomes necessary for the Lessor to respond to any
claim,demand or unanticipated matter or to defend any action seeking to impose any such
liability not caused by the gross negligence or willful misconduct of Lessor,the Lessee will
pay the Lessor all costs and reasonable attorneys'fees incurred by the Lessor in effecting W
and preparing for such response or defense in addition to any other reasonable sums which
the Lessor maybe called upon to pay by reason of the litigation,adversarial administrative
proceedings,or entry of a judgment against the Lessor in any case or matter in which such
claim is asserted.
N
Lessor shall not be liable to Lessee, or to Lessee's assignees or Sublessees or their
employees, agents, contractors, guests, or invitees, for any death, injury, or damage to
person or property in, about or relating to the Demised Premises. Lessee, on its and its
assignees' and their successors in interests'behalves, including any future Sublessees, or
grantees or licensees of the Initial Lessee, or any guests, invitees or tenants of any of the
foregoing, hereby assumes and covenants for its own and their own acceptance of sole E
Page 13 of 48
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responsibility and liability to all persons for death, injury or damage related to or arising '
from the possession, ownership, occupancy and for use of any.portion of the Demised
Premises, and also, for all such future occupants, owners, Lessee, Sublessees, tenants,
guests,invitees and licensees,waives and releases forever all claims,demands and causes of
action against Lessor and its officers, employees, agents, successors, assigns, contractors
and representatives for loss of life or injury to person or property, of whatever nature.
Section 9.02 Insurance. On the Effective Date the Lessee shall cause to be written
and put in full force and effect a policy or policies of insurance as noted in Article X insuring
Ch
the Lessee against any and all claims and demands made by any person or persons
whomsoever for death, injuries or damages received in connection with the possession,
operation and maintenance of the Demised Premises. All such policies shall name the
Lessee and the Lessor(and any lender holding a mortgage on the fee simple or leasehold of
the Demised Premises),as their respective interests may appear,as the persons insured by
such policies.Any loss adjustment shall require the written consent of both the Lessor and
Lessee.
Section A.oi Policy Limit Changes.The policy limits for the comprehensive liability
insurance may be reviewed by Lessor every five (5) years and adjusted upward, if, in the
reasonable discretion of Lessor such increase in coverage is prudent or if similar projects
have begun to require greater insurance coverage.
ARTICLE X
0
Insurance
Section io.ol Property Insurance.From and after the Effective Date,the Lessee will
keep insured any and all buildings and improvements upon the Demised Premises against
all loss or damage by fire, flood and windstorm, together with "all risks" "extended
coverage,"which said insurance will be maintained in an amount sufficient to prevent any
party in interest from being or becoming a co-insurer on any part of the risk,which amount
shall not be less than the full replacement cost value of the relevant portions of the Demised >
Premises, and all of such policies of insurance shall include the name of the Lessor as an
additional insured and loss payee and shall fully protect both the Lessor and the Lessee as
their respective interests may appear. In the event of destruction of buildings or
improvements by fire, flood, windstorm or other casualty for which insurance shall be
payable and as often as such insurance money shall have been paid to the Lessor and the
Lessee,said sums so paid shall be deposited in a joint account of the Lessor and the Lessee
in a bank mutually designated by the Lessor and Lessee and located in Monroe County,and
may be made available to the Lessee for the construction or repair (including any
modification to the improvements sought by the Lessee and approved in writing by the
Lessor), as the case may be, of any building or buildings damaged or destroyed by fire,
flood,windstorm or other casualty for which insurance money shall be payable and maybe
paid out by the Lessor and the Lessee from said joint account from time to time on the
estimate of any reliable architect licensed in the State of Florida officially overseeing of such
reconstruction and repair, certifying that the amount of such estimate is being applied to
the payment of the reconstruction or repair and at a reasonable cost therefor; provided,
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however,that the total amount of money necessary for the reconstruction or repair of any '
building or buildings destroyed or damaged has been provided by the Lessee for such
purpose and its application for such purpose assured.
0
While the Project,or any replacement thereof,is in the course of construction, and
whenever appropriate while any alterations are in the course of being made,the aforesaid
fire and extended coverage insurance shall be carried by Lessee in builder's risk form
written on a completed value basis.
In the event of the destruction or damage of the improvements located on the
Demised Premises, or any part thereof, and as often as any portion of said Demised
Premises shall be destroyed or damaged by fire, flood, windstorm or other casualty, the
Lessee shall,within fifteen(15)months(or twenty-four(24)months for a substantially total
loss) from the date of such damage or destruction, rebuild and repair the same in such
manner that the buildings or improvements so rebuilt and repaired, and the personal
property so replaced or repaired, shall be of the same or of a value higher than were the
buildings or improvements and the personal property prior to such damage or destruction,
and Lessee shall diligently prosecute the reconstruction or repairs without delay and have
the same rebuilt and ready for occupancy as soon as reasonably possible after the time
when the loss or destruction occurred. The 15-month period (or twenty-four (24) month
period for a substantially total loss)for reconstruction shall be enlarged by delays caused
without fault or neglect on the part of the Lessee,by act of God, strikes,lockouts,or other
conditions (other than matters of refinancing the property) beyond the Lessee's control. 2
Notwithstanding the foregoing,and only with respect to insurance proceeds,the provisions
of any leasehold mortgage substantially comporting with customary institutional lending
industry standards and the foregoing Lessor's interests shall control as to the use and E
disbursement of insurance funds for reconstruction of the improvements in the event of any
casualty or damage to such improvements.
Notwithstanding anything to the contrary in the immediately preceding paragraph
in case of destruction of all of the improvements on the Demised Premises from any cause
so as to make the Workforce Housing Unit untenantable occurring during the last ten(1o)
years of the Term of this Lease,Lessee,if not then in default under this Lease and if there is
no encumbrance on the Lessee's interest in the Demised Premises, may elect to terminate
this Lease by written notice to Lessor within thirty (3o) days after the occurrence of the
destruction.In the event of termination,there shall be no obligation on the part of Lessee to
restore or repair the improvements on the Demised Premises,nor any right of the Lessee to
receive any proceeds collected under any insurance policies covering the improvements.If
Lessee elects not to terminate this Lease in the event of destruction during the last ten(1o)
years of this Lease,the proceeds of all insurance covering the improvements shall be made
available to Lessee for repairs, and Lessee shall be obligated to repair as set forth above.
N
Section 10.02 Commercial General Liability Insurance. The Initial Lessee shall
maintain Commercial General Liability Insurance beginning on the Effective Date and
continuing during the entire Term of this Lease with minimum limits of$1,000,000 per
occurrence. The Commercial General Liability Insurance shall cover those sources of
liability which would be covered by the latest edition of the standard Commercial General
Page 15 of 48
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Liability Coverage Form [ISO Form CG oo-oi] as filed for use in Florida without the '
attachment of restrictive endorsements other than the elimination of medical payments and
fire damage legal liability.
0
General Aggregate $1,000,000
[For bodily injury, personal injury, and property damage]
Products/Completed Operations $1,000,000
CD
[coverage for one (1)year after project completion]
0
Each Occurrence $1,000,000
Contractual Liability $1,000,000
Additional Named Insured: Lessor,or its assigns or designees,as from time to time
designated by written notice to Lessee,shall be included as an additional insured and shall
be named as a loss payee for Commercial General Liability.
0
Lessee, at Lessee's expense, shall maintain the insurance required by the Lease.
Section 10.03 Environmental Impairment Responsibility. The Lessee and/or its
contractors acknowledge that the performance of this Lease is, or may be, subject to
Federal, State and local laws and regulations enacted for the purpose of protecting, 0
preserving or restoring the environment.The Lessee shall,at the sole cost of the Lessee or
its contractors,be responsible for full compliance with any such laws or regulations.
Section 10.04 Other Insurance. Lessee shall maintain such other insurance and in
such amounts as may from time to time be reasonably required by the Lessor against other E
insurable hazards which at the time are commonly insured against in the case of
construction of buildings and/or in the case of premises similarly situated,due regard being
or to be given to the location, construction, use and occupancy. In the event the Lessee
believes the Lessor's requirement for such additional insurance is unreasonable the >
reasonableness of Lessor's request shall be determined by mediation according to the rules
of, at Lessor's election, the Sixteenth Judicial Circuit in Monroe County, Florida. Such
determination as to the requirement of coverage and the proper and reasonable limits for
such insurance then to be carried shall be binding on the parties and such insurance shall
be carried with the limits as thus determined until such limits shall again be changed
pursuant to the provisions of this Section. The expenses of such determination shall be
borne equally by the parties.
Section 10.05 Damages; Insurance Proceeds; Joint Bank Account. Absent
circumstances reasonably excused under the conditions set forth in paragraph 14.03,in the
case of the Lessee not entering into the reconstruction or repair of the building or buildings
within a period of six (6) months from the date of payment of the loss, after damage or
destruction occasioned by fire,windstorm,flood or other cause,and diligently prosecuting
the same with such dispatch as may be necessary to complete the same in as short a period
of time as is reasonable under the circumstances after the occurrence of such damage or
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destruction, then the amount so collected, or the balance thereof remaining in the joint '
account,as the case may be,shall be paid to the Lessor and it will be at the Lessor's option Ca
to terminate the Lease, unless terminated by Lessee within the last ten (1o) years of the
Lease as set forth above,and retain such amount as liquidated and agreed upon damages
resulting from the failure of the Lessee to promptly, within the time specified, complete
such work of reconstruction and repair.
Section io.o6 Proceeds Payable to Mortgagee. If any mortgagee holding a lawful
mortgage lawfully created pursuant to the provisions of Article XV elects, in accordance
with the terms of such mortgage,to require that the proceeds of any casualty insurance be
held by and paid out by the mortgagee,then such payment may be made,but in such event,
it shall still be obligatory upon the Lessee to create the complete fund with the leasehold
mortgagee in the manner set forth in this Article to assure complete payment for the work
of reconstruction and repair.Any mortgagee holding insurance proceeds shall require that
such proceeds are properly used to ensure repairs,but any mortgagee shall not be liable for
misuse of funds by Sublessee or Lessee.
Section 1o.w Damages; Insurance Proceeds; Joint Bank Account. Any excess of
money received from insurance remaining in the joint bank account after the y
reconstruction or repair of such building or buildings,if the Lessee is not in default,shall be
paid to the Lessee.Absent circumstances reasonably excused under the conditions set forth
in Section 14.03,in the case of the Lessee not entering into the reconstruction or repair of
the building or buildings within a period of six(6)months from the date of payment of the 2
loss,after damage or destruction occasioned by fire,windstorm,flood or other cause,and
diligently prosecuting the same with such dispatch as may be necessary to complete the
same in as short a period of time as is reasonable under the circumstances after the E
occurrence of such damage or destruction, then the amount so collected, or the balance
thereof remaining in the joint account,as the case may be,shall be paid to the Lessor and it E
will be at the Lessor's option to terminate the Lease,unless terminated by Lessee within the
last ten(1o)years of the Lease as set forth above,and retain such amount as liquidated and
agreed upon damages resulting from the failure of the Lessee to promptly,within the time
specified, complete such work of reconstruction and repair.
2
Section io.o8 Direct Repayment. The foregoing notwithstanding, in the event the
insurance proceeds are the sum of one hundred thousand dollars ($1oo,000.00) or less,
then such proceeds shall be paid directly to the Lessee without the necessity of creating the
joint bank account, and Lessee shall use such funds to make the replacements or repairs.
Lessee shall provide proof satisfactory to Lessor that repairs are completed as required
within fifteen(15)months from the date of such damage or destruction,unless said period
is enlarged by delays caused without fault or neglect on the part of the Lessee.
N
Section io.00 General Requirements.All insurance to be provided by Lessee under
this Lease shall be effected under valid and enforceable policies in such forms, issued by
insurers of recognized financial responsibility qualified to do business in Florida which
have been approved by Lessor.All policies of insurance provided for in this Article shall,to
the extent obtainable, contain clauses or endorsements to the effect that (i) no act or
negligence of Lessee or anyone acting for Lessee or for any Sublessee or occupant of the
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Demised Premises which might otherwise result in a forfeiture of such insurance or any '
part thereof shall in any way affect the validity or enforceability of such insurance insofar as
Lessor, and that(ii) such policy of insurance shall not be changed or cancelled without at
least thirty(3o)days written notice to the Lessor,and that(iii)the Lessor shall not be liable
for any premiums thereon or subject to any assessments thereunder.
0
Section io.10 Subsequent Lessees, Assignees, Sublessees and Grantees.
Notwithstanding anything contained herein to the contrary, if applicable, in the event an
authorized Association chooses not to obtain insurance coverage to protect against loss or
damage by fire, flood and windstorm for the individual Workforce Housing Units and
therefore does not charge the Sublessees for said coverage as part of the Association fees to
be paid by the individual Unit Owners (if this project is expressly authorized as a home-
ownership project); then, in such event Sublessees shall secure the above-described
insurance coverage for their individual Workforce Housing Units.Therefore,Lessor shall be
entitled to require replacement cost and other customary and reasonable insurance
coverage(s) at least but only to the full replacement value of any Sublessees' and/or any
governing Association's insurable interest in the Demised Premises. Any parties who
subsequently become holders of any title or possessory interest to a portion of the Demised
Premises,shall upon request provide,in a form satisfactory to Lessor,proof of customary y
and reasonable insurance adequate and sufficient to cover and protect all interests of the
Lessor as set forth in this Article X, at least to the extent and value of that subsequent
interest holder's insurable interest. The same or similar procedures for the use and
application of insurance proceeds as set forth above may be required for subsequent 2
interest holders and the same remedies available to Lessor for Initial Lessee's failure to c
comply with such insurance requirements shall be available to Lessor with respect to any
future interest holders.Future interest holders(including all Sublessees)shall name Lessor E
as an additional insured and as a loss payee on any required insurance policies.
Section 1o.1i Additional Insured and Loss Payee. Lessor shall be named as an
additional insured and as a loss payee on all policies issued to satisfy the above
requirements of Article X.
ARTICLE XI 2
Insurance Premiums
Section ii.oi Insurance Premiums. The Lessee shall pay premiums for all of the
insurance policies which the Lessee is obligated to carry under the terms of this Lease. In
the event Lessee fails to obtain and pay for the necessary insurance, Lessor shall have the
right,but not the obligation,without notice to Lessee,to procure such insurance and/or pay
the premiums of such insurance,in which case Lessee shall repay Lessor immediately upon
demand by Lessor as additional Rent.The Lessor shall have the same rights and remedies
with respect to procurement of such insurance and/or payment of such insurance
premiums in the event a future subsequent partial interest holder (e.g., Sublessee,
Association(if applicable)) fails to obtain and pay for the necessary insurance.
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D.3.b
ARTICLE XII
Assignment/Transfer
Section 12.ol Assignment by Initial Lessee.Without the written consent of Lessor,
Initial Lessee shall not assign or sublet any portion of the Demised Premises, or change
management of the Demised Premises, except as otherwise expressly provided herein.
Notwithstanding the foregoing, Lessor acknowledges and agrees that the affordable
Workforce Housing Unit(s) is/are to be developed as a unit(s) for workforce housing.
Any Lessor-authorized assignment or sublet, must contain the provisions for the
Workforce Housing Restriction(s), as set forth in this Lease.
Section 12.02 Initial Lessee/ Initial Affordable Workforce Housing Rental. Initial
Lessee shall be authorized to rent the Workforce Housing Unit to individuals qualified to
rent the Workforce Housing Unit and subject to all other CDBGDR program requirements.
Notwithstanding anything contained herein to the contrary,all Sublessees and occupants of
such Workforce Housing Unit(s)shall meet the requirements under the Workforce Housing y
Restriction(s)and all other CDBG-DR program requirements,adjusted for family size,and
any other applicable workforce housing restrictions. Initial Lessee shall upon Lessor's
request provide verification in the same form and manner as required by the FHFC on an
annual basis that sublessees and tenants for the Workforce Housing Unit meet and satisfy
the requirements herein.
Section 12.03 Assignment/Transfer by Lessee.At such time as any Lessee desires to �
sell or otherwise transfer their interests in the Workforce Housing Unit,and(if applicable)
where Lessor, subsequent to the effective date of this Lease, expressly and in writing
consents to the assignment, rental, rental use, rental occupancy, or subletting of the
Workforce Housing Unit(s) or interests, such Lessee shall be required to follow the
procedures set forth herein and any procedure that may be set forth in the Workforce
Housing Restriction(s), and any conveyance, transfer or other disposition and the >
acceptance of such transfers shall be automatically deemed an agreement to the conditions
set forth herein.
Section 12.04 Required Notice of Restrictions.Any conveyance,lease,assignment,
grant or other disposition of any interest made with respect to any portion of the Demised
Premises,including but not limited to any recorded governing documents,shall contain the
following required Notice of Restrictions in a conspicuous location on the upper one-half of
the first page of the relevant instrument effectuating the interest in bold capital typed
letters greater than or equal to 14-point font:
N
NOTICE OF RESTRICTIONS
ANY INSTRUMENT OF CONVEYANCE,LEASE,ASSIGNMENT,GRANT
OR OTHER DISPOSITION OF ANY INTEREST IN OR TO ANY PORTION OF
THE DEMISED PREMISES OR TO ANY IMPROVEMENTS ERECTED
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THEREON WILL BE SUBJECT TO CERTAIN RESTRICTIONS INCLUDING BUT '
NOT LIMITED TO RIGHTS OF FIRST REFUSAL,USE,OCCUPANCY,INCOME,
MEANS, RESALE PRICE, RENTAL AND MORTGAGE LIMITATIONS,
INCLUDING BUT NOT LIMITED TO THOSE SET FORTH IN OFFICIAL
RECORDS BOOK PAGE _ OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA.
The book and page numbers of the first recorded page of this Lease and the first
recorded page of any other recorded documents affecting the respective portion of the
Demised Premises shall be set forth in the Notice of Restrictions. Any instrument of
conveyance, lease, assignment or other disposition made without following the notice
procedures set forth herein shall be void and confer no rights upon any third-person,
though such instruments may in some cases be validated by fully correcting them according
to procedures established by Lessor, as determined in Lessor's sole discretion, so as to
ensure compliance with the public affordability purposes furthered by this Lease and the
Workforce Housing Restriction(s).
Any rental agreement shall contain the following warning prominently set forth in
writing: y
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT
UPON SURRENDER ORABANDONMENT,AS DEFINED BY CHAPTER 83
FLORIDA STATUTES, THE LESSOR SHALL NOT BE LIABLE OR 0
RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE LESSEE'S
PERSONAL PROPERTY.
Section 12.0.5 Obtaining_Qualified Tenants. If Lessee cannot find a suitable sub-
lessee or qualified tenant for the Workforce Housing Unit(s),Lessee shall notify Lessor who E
may provide Lessee with a qualified person.
Section 12.o6 Assignment by Lessor. This Lease shall be freely assignable by the
Lessor, and upon such assignment, the Lessor's liability shall cease and Lessor shall be
released from any further liability. In the event the ownership of the land comprising the
Leased Premises is conveyed or transferred(whether voluntarily or involuntarily)by Lessor
to any other person or entity, this Lease shall not cease, but shall remain binding and
unaffected.
ARTICLE XIII
Condemnation
Section_is.oi Eminent Domain;Cancellation.If,at anytime during the continuance N
of this Lease, the Demised Premises or any portion thereof is taken, appropriated or
condemned by reason of eminent domain,there shall be such division of the proceeds and
awards in such condemnation proceedings and such abatement of the Rent and other
adjustments made as shall be just and equitable under the circumstances.If the Lessor and
the Lessee are unable to agree upon what division, annual abatement of Rent or other
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D.3.b'.
adjustments as are just and equitable, within thirty (3o) days after such award has been '
made, then the matters in dispute shall be determined in accordance with mediation
according to the rules of the 16th Judicial Circuit in Monroe County. Such determination
made by the mediation shall be binding on the parties. If the legal title to the entire
Demised Premises be wholly taken by condemnation, the Lease shall be cancelled.
0
Section 12.02 Apportionment.Although the title to the building and improvements
placed by the Lessee upon the Demised Premises will on the Termination Date remain with
and/or pass to the Lessor, nevertheless,for purpose of condemnation, the deprivation of
the Lessee's use (and any use of a Sublessee) of such buildings and improvements shall,
together with the Term of the Lease remaining,be an item of damage in determining the
portion of the condemnation award to which the Lessee is entitled. In general, it is the
intent of this Section that, upon condemnation, the parties hereto shall share in their
awards to the extent that their interests, respectively, are depreciated, damaged, or
destroyed by the exercise of the right of eminent domain. In this connection, if the
condemnation is total,the parties agree that the condemnation award shall be allocated so
that the then value of the property, as though it were unimproved property, shall be
allocated to the Lessor, and the then value of the building or buildings thereon shall be
allocated between the Lessor and Lessee after giving due consideration to the number of
years remaining in the Term of this Lease and the condition of the buildings at the time of
condemnation.
ARTICLE XIV
0
Construction
Section 14.o1 Requirement to Construct Project.
(a) Lessee shall commence construction of the Workforce Housing Units on the
commencement date of this lease.All improvements depicted on the attached
Exhibits shall be completed. All improvements shall be made with the
required and appropriate building permits and to the standards of the Florida >
Building Code. The foregoing limitation of time for the commencement or
completion of the Project may be extended by written agreement between the
parties hereto.Lessee is responsible for all environmental remediation on the
Property and in the building(s)situated thereon using appropriately licensed
contractors,whether disclosed in the environmental site assessment,if any,
prepared for the Property,or not disclosed,whether known or unknown,now
or in the future.Lessee specifically agrees that the indemnification provisions
of this lease extend to and apply to this provision.
N
During the course of construction of the subject project,Lessee shall provide
to the Lessor written status reports on said project upon request by the
Lessor.The Lessor and Lessee,and the Lessee's agents and contractors,shall
allow and permit reasonable access to, and inspection of, all documents,
papers,letters, or other materials in their possession or under their control
where such records are subject to public disclosure under the provisions of
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D.3.b'.
Chapter 119, Florida Statutes, or successor or supplemental statutes. '
Lessee(s) (but not individual sub-lessees) shall maintain all records directly
pertinent to performance under this lease in accordance with Chapter 119,
F.S., and in accordance with generally accepted accounting principles
consistently applied. The County Clerk, State Auditor, or a designee of said
officials
(c) The County Clerk, State Auditor, or a designee of said officials or of the
Lessor, shall, during the term of this Agreement and for a period of five (5)
years from the date of termination of this Agreement,have access to and the
right to examine and audit any Records of the Lessee involving transactions
related to this Agreement.
0
The Project shall be constructed in accordance with the requirements of all
laws, ordinances, codes, orders, rules and regulations of all governmental
entities having jurisdiction over the Project. c
(e) The Lessee shall apply for and prosecute, with reasonable diligence, all
necessary approvals, permits and licenses required by applicable
governmental authorities for the construction,development,zoning,use and
occupation of the subject project.Nothing in this lease is intended to or shall
be construed, to obviate or lessen any requirements for customary
development approvals from any permitting authority,including the Lessor's.
Nothing in this lease shall be construed as Lessor's delegation or abdication
of its zoning or comprehensive planning authority or powers and no zoning
or comprehensive planning approval that Lessee may require to complete its
performance under this lease has been or shall be deemed agreed to,
promised for, or contracted for,under this lease.
(f Construction of the Project on the Demised Premises prior to and during the
Term of this Lease shall be performed in a good and workmanlike manner,
pursuant to written contracts with licensed contractors and in accordance
with any and all requirements of local ordinances and with all rules,
regulations and requirements of all departments, boards, officials and <
authorities having jurisdiction thereof. It is understood and agreed that the
plans and specifications for all construction shall be prepared by duly 0)
qualified architects/engineers licensed in the State of Florida.
At all times and for all purposes hereunder, the Lessee is an independent
contractor/lessee and is not an employee of Lessor or any of Lessor's agencies
or departments. No statement in this lease shall be construed to find the
Lessee or any of its employees, contractors, servants, or agents to be
employees of the Lessor, and they shall be entitled to none of the rights,
privileges or benefits of County employees. No covenant or agreement
contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent, or employee of the County or of the Lessee in his or
her individual capacity, and no member, officer, agent, or employee of the
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D.3.b
County or of the Lessee shall be liable personally in any way in connection '
with, arising out of, or related to this lease or be subject to any personal
liability or accountability by reason of this lease's execution.
0
Initial Lessee agrees that it will not discriminate against any employees,
applicants for employment, prospective Sublessees or other prospective
future subinterest holders or against persons for any other benefit or service
under this Lease because of their race,color,religion,sex,sexual orientation,
national origin,or physical or mental handicap where the handicap does not
affect the ability of an individual to perform in a position of employment,and
to abide by all federal and state laws regarding non-discrimination.
Q) Lessee shall be entitled during the full term of this Lease to make alterations
to the Demised Premises in accordance with the requirements set forth in the
eight sub-paragraphs immediately above(i.e.,sub-paragraphs(a)through(i),
inclusive).
14.02 Access to the Project and Inspection.The Lessor or its duly appointed agents
shall have the right,at all reasonable times upon the furnishing of reasonable notice under n
the circumstances (except in an emergency, when no notice shall be necessary), to enter
upon the common area of the Leased Premises to examine and inspect said area to the
extent that such access and inspection are reasonably justified to protect and further the
Lessor's continuing interest in the Demised Premises,as determined in Lessor's reasonable
discretion. Lessor's designees,for purposes of this Article and Section 14.02,shall include
city, county or State code or building inspectors, and the like, without limitation. Initial
Lessee shall permit building and code inspectors'access customary to the performance of E
their duties related to projects of the nature contemplated herein,said notice requirements
notwithstanding.
14.03 Forced Delay in Performance. Notwithstanding any other provisions of this
Lease to the contrary, the Initial Lessee shall not be deemed to be in default under this
Lease where delay in the construction or performance of the obligations imposed by this
Lease are caused by war,revolution,labor strikes,lockouts,riots,floods,earthquakes,fires,
casualties, acts of God, labor disputes, governmental restrictions, embargoes, litigation
(excluding litigation between the Lessor and the Initial Lessee), tornadoes, hurricanes,
tropical storms or other severe weather events, or inability to obtain or secure necessary
labor, materials or tools, delays of any contractor, subcontractor, or supplier, or
unreasonable acts or failures to act by the Lessor, or any other causes beyond the
reasonable control of the Initial Lessee, except financing delays or delays caused by
economic conditions.The time of performance hereunder shall be extended for the period
of any forced delay or delays caused or resulting from any of the foregoing causes.
N
14.o4 Easements. Lessee shall be authorized to grant reasonable and necessary
easements for access and utilities customary for similar land uses and construction projects
in Monroe County subject to Lessor's attorney's review and approval for substance and
form of easement instruments.Notwithstanding the foregoing,Lessor shall not be obligated
to execute any contracts or easements for utilities.
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D.3.b
ARTICLE XV
Mortgage Financing
Section is.oi Financing By Initial Lessee. Initial Lessee shall have the right to
mortgage its interests in the Demised Premises.
(a) The Lessee shall have the right to encumber by mortgage or other
proper instrument Lessee's interest under this Lease,such as buildings and improvements N
placed by Lessee on the Demised Premises,a Federal or State Savings&Loan Association,
Bank or Trust Company,Insurance Company,Pension Fund or Trust(or to another private
lender so long as the terms and conditions of the financing from private lender are on
substantially similar terms to those then existing by the other lenders referred to in this
Section),or to similar lending institutions authorized to make leasehold mortgage loans in
the State of Florida, or to any public or quasi-public lender.
0
(b) Until the time any leasehold mortgage(s)shall be satisfied of record,
when giving notice to the Lessee with respect to any default under the provisions of this
Lease, the Lessor shall also serve a copy of such notice upon the Lessee's leasehold
mortgagee(s) at addresses for notice set forth in the mortgage instrument(s) (including
assignments thereof) as recorded in the Official Records of Monroe County, Florida. No
such notice to the Lessee shall be deemed to have been given unless a copy of such notice
has been mailed to such leasehold mortgagee(s),which notice must specify the nature of 0
each such default. Lessee shall provide Lessor with written notice of the book and page
number of the Official Records of Monroe County, Florida for each mortgage by which it
encumbers the Demised Premises, including modifications and assignments thereof.
(c) In case the Initial Lessee shall default under any of the provisions of E
this Lease, the Initial Lessee's leasehold mortgagee(s) shall have the right to cure such
default whether the same consists of the failure to pay Rent or the failure to perform any
other matter or thing which the Initial Lessee is required to do or perform and the Lessor
shall accept such performance on the part of the leasehold mortgagee(s)as though the same
had been done or performed by the Initial Lessee. The leasehold mortgagee(s), upon the
date of mailing by Lessor of the notice referred to in subparagraph(b)of this Section 15.01
shall have,in addition to any period of grace extended to the Initial Lessee under the terms
and conditions of this Lease for a non-monetary default,a period of sixty(6o)days within W
which to cure any non-monetary default or cause the same to be cured or to commence to
cure such default with diligence and continuity;provided,however,that as to any default of
the Initial Lessee for failure to pay Rent, or failure to pay any amount otherwise required
under the terms of this Lease(e.g.,including,but not limited to,taxes or assessments),the
leasehold mortgagee(s)shall have thirty(3o) days from the date the notice of default was
mailed to the mortgagee(s)within which to cure such default.
(d) In the event of the termination of this Lease with Initial Lessee for
defaults described in this Article XV, or of any succeeding Lease made pursuant to the
provisions of this Section 15.0i(d)prior to the cure provisions set forth in Section 15.01(c)
above, the Lessor will enter into a new Lease of the Demised Premises with the Initial
Page 24 of 48
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Lessee's leasehold mortgagee(s), or, at the request of such leasehold mortgagee(s), to a '
corporation or other legal entity formed by or on behalf of such leasehold mortgagee(s)or Ca
by or on behalf of the holder of the note secured by the leasehold mortgage, for the
remainder of the term,effective on the date of such termination,at the Rent and upon the
covenants,agreements,terms,provisions and limitations contained in this Lease,provided
that such leasehold mortgagee(s) make written request and execute, acknowledge and
deliver to the Lessor such new Lease within thirty (3o) days from the date of such
termination and such written request and such new Lease is accompanied by payment to
the Lessor of all amounts then due to the Lessor,including reasonable counsel fees,court
costs and disbursements incurred by the Lessor in connection with any such default and
termination as well as in connection with the execution, delivery and recordation of such
new Lease, less the net income collected by the Lessor subsequent to the date of
termination of this Lease and prior to the execution and delivery of the new Lease,and any
excess of such net income over the aforesaid sums and expenses to be applied in payment of
the Rent thereafter becoming due under such new Lease.
C
0
Any new Lease referred to in this Section 15.o1(d) shall not require any
execution, acknowledgement or delivery by the Lessor in order to become effective as
against the Lessee(or any Sublessees)and the Lessee(and any Sublessees)shall be deemed y
to have executed, acknowledged and delivered any such new Lease immediately upon
receipt by the Lessor; and such new Lease shall be accompanied by (D payment to the
Lessor of all amounts then due to the Lessor of which the leasehold mortgagee(s) shall
theretofore have received written notice; and ii an agreement by the leasehold 2
mortgagee(s) to pay all other amounts then due to the Lessor of which the leasehold
mortgagee(s)shall not theretofore have received written notice. In addition,immediately
upon receipt b the Lessor such new Lease as provided in this Section 1 old the Lessor E
p P Y � P 5• ( ),
where appropriate to the circumstances,shall be deemed to have executed,acknowledged
and delivered to the leasehold mortgagee(s) an assignment of all Subleases covering the
Demised Premises which theretofore may have been assigned and transferred to the Lessor
and all Subleases under which Sublessees shall be required to attorn to the Lessor pursuant
to the terms and conditions of such Subleases or this Lease.Such assignment by the Lessor
shall be deemed to be without recourse as against the Lessor.Within ten(1o) days after a
written request therefore by the leasehold mortgagee(s), such assignment or assignments
shall be reduced to a writing in recordable form and executed,acknowledged and delivered
by the Lessor to the leasehold mortgagee(s).
(e) The Lessee's leasehold mortgagee(s)may become the legal owner and
holder of this Lease by foreclosure of its(their)mortgage(s)or as a result of the assignment
of this lease in lieu of foreclosure,which shall not require Lessor's consent,whereupon such
leasehold mortgagee(s) shall immediately become and remain liable under this Lease as
provided in Section 15.o1(f)below.
N
(f) In the event that a leasehold mortgagee(s)shall become the owner or
holder of the Lessee's interest by foreclosure of its(their) mortgage(s)or by assignment of
this lease in lieu of foreclosure or otherwise,all terms used herein to refer to the Lessee in
this lease, means only the owner or holder of this signatory Lessee's interest for the time
period that such leasehold mortgagee(s)is(are)the owner or holder of the Lessee's interest.
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D.3.b
Accordingly, in the event of a sale, assignment, or other disposition of the Initial Lessee's '
interest in this Lease by the leasehold mortgagee(s),where leasehold mortgagee(s)took title
or ownership of or to any or all of the Initial Lessee's interest in the Lease and/or any
portion of the Demised Premises as a result of foreclosure or acceptance of an assignment
in lieu thereof, it shall be deemed and construed,without further agreement between the
Lessor and the mortgagee(s),or between the Lessor,the mortgagee(s)and the mortgagees'
purchaser(s)or assignee(s)at any such sale or upon assignment of Initial Lessee's interest
by the leasehold mortgagee(s), that the mortgagee(s), purchaser(s), or assignee(s) of the
Initial Lessee's interest has/have assumed and agreed to carry out any and all covenants
and obligations of Initial Lessee contemplated herein.In no event shall anything under this
Lease be construed to permit eventual use of the Demised Premises for purposes
inconsistent with this Lease or the Workforce Housing Restriction(s).
0
(g) Reference in this Lease to the Initial Lessee's leasehold mortgagee(s)
shall be deemed to refer where circumstances require to the leasehold mortgagee(s)'s
assignee(s);provided that such assignee(s)shall record proper assignment instruments in
the Official Records of Monroe County, Florida,together with written notice setting forth
the name and address of the assignee(s).
(h) Reference in this Lease to acquisition of the Initial Lessee's interests in
this Lease by the leasehold mortgagee(s) shall be deemed to refer, where circumstances
require,to acquisition of the Initial Lessee's interest in this Lease by any purchaser at a sale
of foreclosure by the leasehold mortgagee(s) and provisions applicable to the leasehold 0
mortgagee(s)in such instance or instances shall also be applicable to any such purchaser(s).
(i) So long as the Lessee's interest in this Lease shall be mortgaged to a E
leasehold mortgagee(s),the parties agree that they shall not surrender or accept a surrender
of this Lease or any part of it, nor shall they cancel,abridge or otherwise modify this Lease E
or accept material prepayments of installments of Rent to become due without the prior
written consent of such mortgagee(s) in each instance. _
(j) So long as the Initial Lessee's interest in this Lease shall be mortgaged
to a leasehold mortgagee(s),the parties agree that the Lessor shall not sell,grant or convey
to the Initial Lessee all or any portion of the Lessor's fee simple title to the Demised
Premises without the prior written consent of such leasehold mortgagee(s).In the event of
any such sale, grant or conveyance by the Lessor to the Initial Lessee, the Lessor and the
Lessee agree that no such sale,grant or conveyance shall create a merger of this Lease into a
fee simple title to the Demised Premises. This subparagraph 0) shall not be construed to
prevent a sale, grant or conveyance of the Lessor's fee simple title by the Lessor to any
person, firm or corporation other than the Initial Lessee, its successors, legal
representatives and assigns, so long as this Lease is not terminated.
N
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(k) If applicable,in conjunction and contemporaneously with the sale or '
transfer of each Workforce Housing Unit,leasehold mortgagee(s)shall make arrangement
to ensure the release of any and all applicable portions of its (their) mortgage(s) on the
entire Demised Premises so as to grant clear title to the Sublessee.The details and release
payment requirements shall remain within the reasonable business discretion of the Initial
Lessee and the leasehold mortgagee(s).
(1) Lessor shall be entitled, in the event of any of the foregoing
circumstances or events set forth in this Paragraph 15.01, to elect to deal primarily or
exclusively with a mortgagee whose position is primary or in first order of priority with
respect to foreclosable interests or rights according to the laws of the State.of Florida or as
contractually agreed by and among multiple mortgagees,where there are such.
ARTICLE XVI
Default
r-
0
Section 16.oi Notice of Default. Lessee shall not be deemed to be in default under
this Lease in the payment of Rent or the payment of any other monies as herein required
unless Lessor shall first give to Lessee and any mortgagees ten(1o) days written notice of y
such default and Lessee or any other party on its behalf fails to cure such default within ten
(1o) days of verifiable receipt of said notice.
Except as to the provisions or events referred to in the preceding paragraph of this
Section,Lessee and Mortgagees shall not be deemed to be in default under this Lease unless
Lessor shall first give to Lessee and Mortgagees thirty (3o) days written notice of such
default, and Lessee fails to cure such default within the immediate thirty(3o) day period W
thereafter, or, if the default is of such a nature that it cannot be cured within thirty (30)
days,Lessee fails to commence to cure such default within such period of thirty(3o)days or
fails thereafter to proceed to the curing of such default with all possible diligence.
Mortgagees shall be entitled to cure Lessee defaults on the same terms and conditions as
the Lessee.
Regardless of the notice and cure periods provided herein, in the event that more
rapid action is required to preserve any right or interest of the Lessor in the Demised
Premises due to any detrimental event or occurrence(such as,but not limited to,payment
of insurance premiums,actions to prevent construction or judgment lien foreclosures or tax
sales),then the Lessor is empowered to take such action and to request reimbursement or
restoration from the Lessee as appropriate.
Lessee shall comply with all terms and conditions set forth in the Lease. Lessee
hereby acknowledges that a default of the lease shall be considered a default hereunder.
Lessee hereby indemnifies and holds Lessor harmless in regard to any of the fees, costs,
expenses,payments and liabilities related to this lease.In the event the lease is terminated
due to Lessee's failure to comply with the terms of the lease, Lessee shall indemnify and
hold Lessor harmless for any costs or expenses incurred by Lessor to obtain approval of a
new lease, or any damages resulting from termination of said lease.
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D.3.b
Section 16.02 Default. In the event of any material breach of this Lease by Lessee, '
and after the necessary notice and cure opportunity provided to Initial Lessee and other
parties, Lessor shall have the immediate right to terminate this Lease as permitted by
applicable law. In any action by Lessor asserting a violation of the Workforce Housing
Restriction(s), Lessee shall have the burden of proof with respect to each such matter.
Termination of the Lease, under such circumstances, shall constitute effective, full and
immediate conveyance and assignment to Lessor of all of the Demised Premises,
improvements and materials and redevelopment rights to and associated with the Demised
Premises and the Project. Furthermore,in the event of any breach of this Lease by Lessee,
Lessor, in addition to the other rights or remedies it may have, shall have the immediate
right of re-entry (as may be lawfully conditioned per application of Chapter 83, Florida
Statutes,as amended)and may remove all persons and personal property from the affected
portions of the Demised Premises. Such property may be removed and stored in a public
warehouse or elsewhere at the cost of and for the account of Lessee, or where statutory
abandonment or unclaimed property law permits,disposed of in any reasonable manner by
Lessor without liability or any accounting therefore.
Included in this right of reentry,and subject to Initial Lessee's rights,if any,shall be
any instance wherein a Sublessee renounces the Lease or a Sublease or abandons all or any y
portion of the Demised Premises,in which case Lessor may,at its option,in an appropriate
case and subject to any rights of a mortgage holder, obtain possession of the abandoned
property in any manner allowed or provided by law, and may, at its option, re-let the
repossessed property for the whole or any part of the then unexpired term, receive and 2
collect all Rent payable by virtue of such reletting, and hold Sublessee liable for any
difference between the Rent that would have been payable under this Lease and the net
Rent for such period realized by Lessor,by means of such reletting. However,such Lessor E
rights shall not abrogate a mortgagee's rights to the extent those rights do not conflict with
or injure Lessor's interests as established under this Lease. Personal property left on the E
premises by a Sublessee may be stored, sold, or disposed of by Lessor, and Lessor accepts
no responsibility other than that imposed by law.
Should Lessor elect to re-enter,as herein provided,or should Lessor take possession
pursuant to legal proceedings or pursuant to any notice provided for by law, Lessor may
either terminate this Lease or it may from time to time,without terminating this Lease,re-
let the Demised Premises or any part thereof for such term or terms (which may be for a
term extending beyond the Term of this Lease)and at such Rent or Rents and on such other
terms and conditions as Lessor in its sole reasonable discretion may deem advisable with
the right to make alterations and repairs to the Demised Premises.On each such re-letting
Lessee shall be immediately liable to pay to Lessor,in addition to any indebtedness other
than Rent due under this Lease,the expenses of such re-letting and of such alterations and
repairs, incurred by Lessor, and the amount, if any, by which the Rent reserved in this
Lease for the period of such re-letting(up to but not beyond the term of this Lease)exceeds
the amount agreed to be paid as Rent for the Demised Premises for such period of such
re-letting.
N
Notwithstanding any such re-letting without termination, Lessor may at any time
thereafter elect to terminate this Lease for such previous breach.Should Lessor at any time
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terminate this Lease for any breach, in addition to any other remedy it may have, Lessor '
may recover from Lessee all damages incurred by reason of such breach,including the cost Ca
of recovering the Demised Premises,which amounts shall be immediately due and payable
from Lessee to Lessor.
Section 16.o� Lessor's Right to Perform. In the event that Lessee, by failing or
neglecting to do or perform any act or thing herein provided by it to be done or performed,
shall be in default under this Lease and such failure shall continue for a period of thirty(go)
days after receipt of written notice from Lessor specifying the nature of the act or thing to
be done or performed,then Lessor may,but shall not be required to,do or perform or cause
to be done or performed such act or thing (entering on the Demised Premises for such
purposes,with notice,if Lessor shall so elect),and Lessor shall not be or be held liable or in
any way responsible for any loss, inconvenience or annoyance resulting to Lessee on
account thereof, and Lessee shall repay to Lessor on demand the entire expense thereof,
including compensation to the agents and employees of Lessor.Any act or thing done by
Lessor pursuant to the provisions of this section shall not be construed as a waiver of any
such default by Lessee,or as a waiver of any covenant,term or condition herein contained
or the performance thereof, or of any other right or remedy of Lessor, hereunder or
otherwise. All amounts payable by Lessee to Lessor under any of the provisions of this
Lease, if not paid when the amounts become due as provided in this Lease, shall bear
interest from the date they become due until paid at the highest rate allowed by law.Lessor
shall have the same rights set forth in this Section with respect to any future subinterest
holder's respective portion of the Demised Premises. 0
0
Section 16.o4 Default Period.All default and grace periods shall be deemed to run
concurrently and not consecutively. E
Section 16.os.Workforce Housing Restrictions.In the event the Lessee or sublessee
fails to comply with the Workforce Housing Restriction(s)at any given time or any portion
of the Demised Premises is used for purposes other than Workforce Housing in accordance
with the Workforce Housing Restriction(s)by an interest holder of such portion, as they
pertain to their respective interests in or portions of the Demised Premises, such an
occurrence will be considered a material default by the offending parry. Should the
foregoing type of use default occur with respect to only one or more subtenants'portions)
of the Demised Premises, then the default termination provisions provided for in this
subsection, shall apply only to those subtenant(s) and sublease(s) in default. In the
foregoing event,Lessor(or the Initial Lessee(or its assigns)in the event of and with respect
only to a default by a particular Sublessee) may terminate the subleases and tenancies
involved. Lessee hereby agrees that all occupants shall use the Leased Premises and
Improvements for Workforce Housing residential purposes only and any incidental
activities related to the residential use as well as any other uses that are permitted by
applicable zoning law and approved in writing by Lessor.
Section 16.o6.The Lessee,or its property management entity-agent(that has been
duly approved in writing by Lessor), shall do everything within its power to ensure that
there is no month of negative cash flow.
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ARTICLE XVII '
Repair Obligations ca
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Section 17.oi Repair Obligations. During the continuance of this Lease the Lessee,
and every Sublessee with respect to their leased portions of the Demised Premises, shall
keep in good state of repair any and all buildings, furnishings, fixtures, landscaping and
equipment which are brought or constructed or placed upon the Demised Premises,and the
Lessee shall not suffer or permit any material strip,waste or neglect of any building or other
property to be committed,except for that of normal wear and tear.The Lessee will(or shall
cause Sublessee to) repair, replace and renovate such property as often as it may be c
necessary in order to keep the buildings and other property which is the subject matter of
this Lease in first class repair and condition.Additionally, Lessor shall not be required to
furnish any services or facilities, including but not limited to heat, electricity, air
conditioning or water or to make any repairs to the premises or to the Workforce Housing
Unit.
0
ARTICLE XVIII
Additional Covenants of Lessee/Lessor
Section 18.oi Legal Use.The Lessee covenants and agrees with the Lessor that the
Demised Premises will be used exclusively for the construction and operation of Workforce
Housing dwelling unit(s) and for no other purposes whatsoever without Lessor's written c
consent.
Section 18.02 Termination.Upon termination of this Lease,the Lessee will peaceably
and quietly deliver possession of the Demised Premises, unless the Lease is extended as
provided herein. Therefore, Lessee shall surrender the improvements together with the
leased premises.Ownership of some or all improvements shall thereupon revert to Lessor.
Section i8.o� Recovery of Litigation Expense. In the event of any suit, action or >
proceeding,at law or in equity,by either of the parties hereto against the other,or any other
person having, claiming or possessing any alleged interest in the Demised Premises, by
reason of any matter or thing arising out of or relating to this Lease,including any eviction
proceeding, the prevailing party shall recover not only its legal costs, but reasonable
attorneys'fees including appellate,bankruptcy and post judgment collection proceedings
for the maintenance or defense of said action or suit, as the case may be. Any judgment
rendered in connection with any litigation arising out of this Lease shall bear interest at the
highest rate allowed by law. Lessor may recover reasonable legal and professional fees
attributable to administration, enforcement and preparation for litigation relating to this
Lease or to the Workforce Housing Restriction(s) from any person or persons from or to
whom a demand or enforcement request is made,regardless of actual initiation of an action
or proceeding.
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Section 18.04 Condition of the Demised Premises. Lessee agrees to accept the
Demised Premises in its presently existing condition "as-is". It is understood and agreed
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that the Lessee has determined that the Demised Premises are acceptable for its purposes '
and hereby certifies same to Lessor.Lessee,at its sole cost and expense,shall bring or cause
to be brought to the Demised Premises adequate connections for water, electrical power,
telephone,stormwater and sewage and shall arrange with the appropriate utility companies
for furnishing such services with no obligation therefore on the part of Lessor.The Lessor
makes no express warranties and disclaims all implied warranties. Lessee accepts the
property in the condition in which it currently is without representation or warranty,
express or implied,in fact or by law,by the Lessor,and without recourse to the Lessor as to
the nature, condition or usability of the Demised Premises, or the uses to which the
Demised Premises may be put.The Lessor shall not be responsible for any latent defect or
change of condition in the improvements and personalty,or of title,and the Rent hereunder
shall not be withheld or diminished on account of any defect in such title or property, any
change in the condition thereof,any damage occurring thereto,or the existence with respect
thereto of any violations of the laws or regulations of any governmental authority.
2
Section 18.os Hazardous Materials. Lessee, its Sublessees and assignees shall not
permit the presence,handling,storage or transportation of hazardous or toxic materials or
medical waste ("hazardous waste") in or about the Demised Premises, except in strict
compliance with all laws, ordinances, rules, regulations, orders and guidelines of any
government agency having jurisdiction and the applicable board of insurance underwriters.
In no event shall hazardous waste be disposed of in or about the Demised Premises. For
purposes herein, the term hazardous materials or substances shall mean any hazardous,
toxic or radioactive substance material, matter or waste which is or becomes regulated by 0
any federal, state or local law, ordinance, order, rule, regulation, code or any other
governmental restriction or requirement and shall include petroleum products and asbestos
as well as improper or excessive storage or use of common household cleaning and E
landscaping chemicals, pesticides, batteries and the like, and those materials defined as
hazardous substance or hazardous waste in the Comprehensive Environmental Response E
Compensation and Liability Act and/or the Resource Conservation and Recovery Act.
Lessee shall notify Lessor immediately of any known discharge or discovery of any
hazardous waste at, upon, under or within the Demised Premises. Lessee shall, at its sole
cost and expense,comply with all remedial measures required by any governmental agency
having jurisdiction, unless such discharge is caused by Lessor or any of its agents or
employees.
Lessee hereby acknowledges that Lessor shall not be liable for any hazardous waste
that may be located on the Demised Premises at the time of execution of this Lease.
Furthermore,Lessee hereby indemnifies and holds Lessor harmless for any and all claims,
liabilities, damages, costs and expenses related to the presence of hazardous waste after
execution of this Lease.
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Section 18.o6 Recordation.Lessee,or Lessor at Lessee's cost,within five(5)business
days after execution of this Lease, shall record a complete, true and correct copy of the
Lease and any addenda or exhibits thereto in the Official Records of Monroe County,
Florida and shall provide Lessor with the written Clerk's receipt of the book and page
number where recorded and the original Lease and Related Agreement(s)after recordation.
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0
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ARTICLE XIX
Representations,Warranties of Title and Quiet Enjoyment
and No Unlawful or Immoral Purpose or Use
0
Section ic).oi Representations, Warranties of Title and Quiet Enjoyment. Lessee
hereby acknowledges that Lessor is merely acting as a conduit to complete this transaction;
therefore Lessor does not make any representations or warranties with respect to the
ownership, operation or environmental condition of the Demised Premises or any part
thereof. The Lessor and Lessee covenant and agree that so long as the Lessee keeps and
performs all of the covenants and conditions required by the Lessee to be kept and
performed, the Lessee shall have quiet and undisturbed and continued possession of the
Demised Premises from claims by Lessor.
Section 1A.02 No Unlawful or Immoral Purpose or Use.The Lessee,as long as it has
any interest in or to any portion of the Demised Premises, shall not occupy or use such
portion for any unlawful or immoral purpose and will, at Lessee's sole cost and expense
during such period of interest,conform to and obey any present or future ordinance and/or c
rules, regulations, requirements and orders of governmental authorities or agencies
respecting the use and occupation of the Demised Premises.
ARTICLE XX
Miscellaneous
Section 20.01 Covenants Running with Land.All covenants, promises, conditions
and obligations contained herein or implied by law are covenants running with the land
and, except as otherwise provided herein,shall attach and bind and inure to the benefit of
the Lessor and Lessee and their respective heirs, legal representatives, successors and
assigns, though this provision shall in no way alter the restrictions on assignment and
subletting applicable to Lessee hereunder.The parties agree that all covenants,promises,
conditions, terms, restrictions and obligations arising from or under this Lease and the
Workforce Housing Restriction(s) benefit and enhance the communities and
neighborhoods of Monroe County and the private and public lands thereof,and have been
imposed in order to assure these benefits and enhancements for the full Term of this Lease.
It is intended,where appropriate and to serve the public purposes to be furthered by this
Lease,that its provisions be construed,interpreted,applied and enforced in the manner of
what is commonly referred to as a"deed restriction."
Section 20.02 No Waiver. Time is of the essence in the performance of the
obligations of the parties hereto.No waiver of a breach of any of the covenants in this Lease
shall be construed to be a waiver of any succeeding breach of the same covenant.
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Section 20.03 Written Modifications.No modification,release,discharge or waiver
of any provisions hereof shall be of any force, effect or value unless in writing signed by
both the Lessor and Lessee, and signed also by any mortgagee or their duly authorized
agents or attorneys, as long as such mortgagee (if applicable) has both 0 filed in Official
Records of Monroe County, Florida, a"Certificate of Notice"of their interest in this Lease
and or the Demised Premises, said certificate setting forth complete and current contact
information,the real estate parcel number assigned to the Demised Premises and the O.R.
Records Book and Page Number of the first recorded page of this Lease,and fW provided a
copy of the recorded certificate to the Lessor at its notice address(es)via U.S.Postal Service
certified mail, return receipt requested.
Notwithstanding the foregoing,the Monroe County Administrator,or his authorized
designee, may make certain modifications to this lease without requiring an antecedent
affirmative vote by Lessor's Board of County Commissioners.The circumstances in which
such administrative modification(s) may be made are limited to:W Amend this lease by
delineating lesser or greater areas of the overall Property being leased to Lessor(presently
identified herein at Exhibit "A."), and to (2) Amend this lease to comply with any
application requirements of the FHFC RFA 2019-101 CDBG-DR in Monroe County.Either n
administrative lease amendment type must be made in writing and otherwise be in
accordance with this subsection.
Section 20.04 Entire Agreement.This Lease,including its prefatory recitals and any
written addenda and attached exhibits (all of which are expressly incorporated herein by
this reference)shall constitute the entire agreement between the parties with respect to this
instrument as of this date. No prior written lease or prior or contemporaneous oral E
promises or representations shall be binding.
Section 20.or,Notices. If Lessee desires to give notice to Lessor in connection with
and/or according to the terms of this Lease, such notice shall be given by certified mail
return receipt requested or by national overnight tracked and delivery-receipt courier
service, and unless otherwise required to be "received", it shall be deemed given when
deposited in the United States mails or with the courier service with postage or courier fees
prepaid.Notification to Lessor shall be as set forth herein,unless a different method is later
directed as prescribed herein or by the Workforce Housing Restriction(s):
Lessor:
County Administrator
Monroe County
Gato Building
iioo Simonton Street
Key West, FL 33040
with a copy to:
Monroe County AttorneyE
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1111 12t'Street, Suite 4o8 '
Key West, Florida 33040
Tel.: 305-292-3470
0
Lessee:
Monroe County Housing Authority
Attn: Executive Director
140o Kennedy Drive
Key West, FL 33o4o
0
Section 20.o6 Joint Liabilitv. If the parties upon either side (Lessor or Lessee)
consist of more than one person, such persons shall be jointly and severally liable on the
covenants of this Lease.
c
Section 20.07 Public Access and Public Records Compliance. The Lessee must
comply with all Florida public records laws, including but not limited to Chapter 119,
Florida Statutes and Section 24, Article I, of the Florida Constitution. Lessor and Lessee
shall allow and permit reasonable access to, and inspection of, all documents, records,
papers, letters, or other "public record" materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statutes, and additional Florida legal
authorities governing confidential and/or confidential and exempt public records, and
made or received by the Lessor or Lessee in conjunction with and in connection with this
Lease and related to Lease performance. Failure of the Lessee to abide by the terms of this 0
provision shall entitle Lessor to, at its option, deem such failure a material breach of this
agreement, and Lessor may enforce the public records law terms of this provision in the
form of a court proceeding. This provision shall survive any termination or expiration of E
this Lease. The Lessee is encouraged to consult with its advisors about Florida's public
records laws in order to comply with this provision. Pursuant to Section 119.0701, Florida E
Statutes, and the terms and conditions of this agreement, the Lessee is required to:
(1) Keep and maintain public records that would be required by the Lessor to
perform its service and duties under this agreement. >
(2) Upon receipt from the Lessor's custodian of records,provide the Lessor with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this
provision and Chapter 119, Florida Statutes or as otherwise provided by law. 0)
Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the lease term and following completion of the lease if the
Lessee does not transfer the records to the Lessor.
Upon completion of the lease, transfer, at no cost, to the Lessor all public
records in possession of the Lessee or keep and maintain public records that
would be required by the Lessor to perform its service and duties under this
agreement. If the Lessee transfers all public records to the Lessor upon
completion of the lease,the Lessee shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure
requirements.If the Lessee keeps and maintains public records upon completion E
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of the lease,the Lessee shall meet all applicable requirements for retaining public '
records.All records stored electronically must be provided to the Lessor upon CO
request from Lessor's custodian of records, in a format that is compatible with
the information technology systems of the Lessor.
A request to inspect or copy public records relating to an agreement or
contract with Lessor must be made directly to the Lessor,but if the Lessor does
not possess the requested records,the Lessor shall immediately notify the Lessee
of the request,and the Lessee must provide the records to the Lessor or allow the
records to be inspected or copied within a reasonable time.
If the Lessee does not comply with the Lessor's request for records,the Lessor may c
enforce this agreement's maintenance of records and/or public access provisions,
notwithstanding Lessor's option and right to treat such non-compliance as a
material breach.Lessee's failure to provide public records to the Lessor or pursuant
to a valid public records request within a reasonable time maybe subject to penalties
under Section iig.io, Florida Statutes.
The Lessee shall not transfer custody,release,alter,destroy or otherwise dispose of
any public records unless provided for in this provision or as otherwise provided by
law. y
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
LESSOR'S CUSTODIAN OF PUBLIC RECORDS, BRIAN W
BRADLEY AT PHONE# 305-2Q2-s470, BRADLEY-
BRIAN(&MONROECOUNTY-FL.GOV, MONROE COUNTY E
ATTORNEVS OFFICE 1111 12TH Street, SUITE 408, KEY
WEST, FL aa040.
Section 20.08 Liability Continued; Lessor Liability.All references to the Lessor and
Lessee mean the persons who, from time to time, occupy the positions, respectively, of
Lessor and Lessee. In the event of an assignment of this Lease by the Lessor, except for .-.
liabilities that may have been incurred prior to the date of the assignment or as specifically
dealt with differently herein, the Lessor's liability under this Lease shall terminate upon E
such assignment.In addition,the Lessor's liability under this Lease,unless specifically dealt
with differently herein, shall be at all times limited to the Lessor's interest in the Demised
Premises.
Section 20.09 Captions. The captions used in this Lease are for convenience of `V
reference only and in no way define,limit or describe the scope or intent of or in any way
affect this Lease.
Section 20.10 Table of Contents. The index preceding this Lease under the same
cover is for the purpose of the convenience of reference only and is not to be deemed or
construed in any way as part of this Lease, nor as supplemental thereto or amendatory
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thereof.
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Section 20.11 Governing Law,Venue.This Agreement shall be construed under the
laws of the State of Florida,and the venue for any legal proceeding to enforce or determine
the terms and conditions of this Lease shall be in Circuit Court for the 16+ Judicial Circuit,
Monroe County, Florida.This lease, and any agreement made pursuant to this lease,shall
not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to
this lease shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County, Florida.
Section 20.12 Holding Over.Any holding over after the expiration of the Term of this
Lease,with consent of Lessor,shall be construed to be a tenancy from month to month,at
twice the monthly Rent as required to be paid by Lessee for the period immediately prior to
the expiration of the Term hereof, and shall otherwise be on the terms and conditions
herein specified, so far as applicable.
C
0
Section 20.1i Brokers. Lessor and Lessee covenant,warrant and represent that no
broker was instrumental in consummating this Lease, and that no conversations or
negotiations were had with any broker concerning the renting of the Demised Premises. y
Lessee and Lessor agree to hold one another harmless from and against, and agree to
defend at its own expense,any and all claims for a brokerage commission by either of them
with any brokers.
2
Section 20.14 Severability/Partial Invalidity. If any provision of this Lease or the
application thereof to any person or circumstance shall at any time or to any extent be held
invalid or unenforceable,the remainder of this Lease or the application of such provision to E
persons or circumstances other than those as to which it is held invalid or unenforceable
shall not be affected thereby.The Lessor and Lessee agree to reform the lease to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
Section 20.15 Force Majeure.If either party shall be delayed,hindered or prevented
from the performance of any act required hereunder by reason of strikes, lockouts,labor
trouble,inability to procure material,failure of power,riots,insurrection,severe tropical or
other severe weather events,war or other reasons of like nature not the fault of the party
delayed, in performing work or doing acts required under this Lease, the period for the
performance of any such act shall be extended for a reasonable period. Economic hardship
or economic conditions shall not be considered a basis for such extension.
Section 20.16 Lessor/Lessee Relationship,Non-Reliance by Third Parties.This Lease
creates a lessor/lessee relationship, and no other relationship,between the parties. This
Lease is for the sole benefit of the parties hereto and, except for assignments or Subleases
permitted hereunder and to the limited extent thereof,no other person or entity shall be a
third party beneficiary hereunder. Except as expressly provided under this Lease or under
the affordable Workforce Housing Restrictions,no person or entity shall be entitled to rely
upon the terms, or any of them, of this Lease to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated hereunder,
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and the Lessor and the Lessee agree that neither the Lessor nor the Lessee or any agent, '
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Lease separate and apart,inferior to,or superior to the
community in general or for the purposes contemplated in this Lease.
Section 20.17 Radon Gas Notification.Radon is a naturally occurring radioactive gas
that,when it has accumulated in a building in sufficient quantities,may pose health risks to
persons who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings.Additional information regarding radon and radon
testing may be obtained from your county health unit. Lessor shall not be responsible for
radon testing for any persons purchasing,leasing or occupying any portion of the Demised
Premises,and all owners,Lessees and Sublessees shall hold Lessor harmless and indemnify
Lessor for damages or claims related thereto and release Lessor from same.
Section 20.18 Mold Disclosure. Mold is a naturally occurring phenomenon that,
when it has accumulated in a building in sufficient quantities, may pose health risks to
persons who are exposed to it over time. Mold has been found in buildings in
unincorporated areas of the county as well as in incorporated areas of the county.There are
no measures that can guarantee against mold,but additional information regarding mold y
and mold prevention and health effects may be obtained from your county health unit or
the EPA or CDC. Lessee and Sublessees accept responsibility to inspect for mold and take
measures to reduce mold. Lessor shall not be responsible for mold testing for any persons
purchasing, leasing or occupying any portion of the Demised Premises, and all owners, 2
Lessees and Sublessees shall hold Lessor harmless and indemnify Lessor for damages or
claims related thereto and release Lessor from same.
Section 20.1A (B) Lead-Based Paint Disclosure. Lessee acknowledges receipt and
signing of the attached form LBPR-i 8/96 relating to the possibility of lead-based paint in
houses constructed before 1978 and a copy of the risks associated therewith and a copy of
the EPA Protect Your Family In The Home. Lessee will abide by notice requirements
relating to lead-based paint for all sub-lessees. r-
Section 20.20 Subsequent Changes in Law or Regulation. Where a change can
reasonably be applied to benefit, enhance or support Lessor's affordable Workforce
Housing goals,objectives and policies,Lessor shall have the right to claim the benefit from
any subsequent change to any applicable state or federal law or regulation that might in any
way affect this Lease, the Workforce Housing Restriction(s), any Related Agreements or
their respective application and enforceability, without limitation. In such instance, this
Lease shall be construed or, where necessary, may be reformed to give effect to this
provision.
N
Section 20.21 Claims for Federal and/or State Aid.Lessor and Lessee agree that each cv
shall be,and is,empowered to apply for,seek,and obtain federal and state funds to further
the purpose of this lease; provided that all applications, requests, grant proposals, and
funding solicitations shall be approved by each side prior to submission.
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Section 20.22 Government Purpose. Lessor,through this Lease and the affordable '
Workforce Restriction(s), furthers a government housing purpose, and, in doing so,
expressly reserves and in no way shall be deemed to have waived, for itself or its assigns,
successors, employees, officers, agents and representatives any sovereign, quasi-
governmental and any other similar defense, immunity, exemption or protection against
any suit, cause of action, demand or liability. Notwithstanding the provisions of Section
768.28, Florida Statutes,the participation of the Lessee and the Lessor in this agreement
and the acquisition of any insurance coverage whatsoever shall not be deemed a waiver of
immunity to the extent of such coverage (liability coverage or otherwise), nor shall any
contract entered into by the Lessor be required to contain any provision for waiver.All of
the privileges and immunities from liability, exemptions from laws,ordinances, and rules
and pensions and relief,disability,workers'compensation,and other benefits which apply
to the activity of officers, agents, or employees of any public agents or employees of the
Lessor or Lessee, when performing their respective functions under this lease within the
territorial limits of the county shall apply to the same degree and extent to the performance
of such functions and duties of such officers,agents,volunteers, or employees outside the
territorial limits of the county.No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Lessor or
Lessee in his or her individual personal capacity, and no such member, officer, agent or y
employee of Lessor or Lessee shall be liable personally under this lease or be subject to any
personal liability or accountability by reason of the execution of this agreement.
Section 20.2.,1 Remedies.The parties agree that any remedy available for any breach
under this Lease shall be cumulatively or selectively available at Lessor's complete
discretion, with any election to avail itself or proceed under any particular remedial
mechanism in no way to be construed as a waiver or relinquishment of Lessor's right to E
proceed under any other mechanism at any time or in any particular sequence.
Section 20.24 Supplemental Administrative Enforcement.Lessor,or its appropriate
agency,may establish under the Workforce Housing Restriction(s),as amended from time
to time, during the Term of this Lease, such rules, procedures, administrative forms of
monitoring, property and/or tenancy management, proceedings, and such evidentiary >
standards,as deemed reasonable within Lessor's prerogative,to implement enforcement of
the terms of this Lease and similar leases and the Workforce Housing Restriction(s).Such
forums may include but in no way be limited to use of Code Enforcement procedures
pursuant to Chapter 162, Florida Statutes, to determine, for and only by way of one
example, and not as any limitation,the facts and legal effect of an allegedly unauthorized
"offer to rent," or,for another example, an unauthorized"occupancy." However, nothing
herein shall be deemed to limit Lessor from access to an appropriate court of competent
jurisdiction where the resolution of any dispute would be beyond the competence or lawful
jurisdiction of any administrative proceeding.
N
Section 20.2s, Exceptions to Lease/Rental Prohibition. The Workforce Housing
Unit(s) are to be developed as a dwelling unit for qualified rental and qualified rental-
occupancy for affordable Workforce Housing. Transient use,vacation rental use, owner-
occupancy, and any other form of use or occupancy other than affordable Workforce
Housing is hereby expressly prohibited absent express written authorization and consent by
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Lessor.Lessor or its designee,in its sole discretion,shall have the right to adopt as part of
future affordable Workdorce Housing Restriction(s) provisions to allow Sublessees the
limited privilege to rent or lease their Workforce Housing Unit to qualified persons. o
Requests for such approval shall be made in accordance with such procedures Lessor may
in the future choose to adopt. It is contemplated,though not promised or required,that
certain limited rental provisions maybe adopted m the future for circwmetances such as,for
example,but without limitation:
0
(a) A Sublessees required absence from the local area for official military duty.
(b) A documented illness that legitimately requires a Sublessee to be hospitalized
for an extended period.
(c) A family emergency legitimately requiring a Sublessee to leave the Keys for a
period longer than thirty(30)days.
C
Sion 2o.26 p-oftimg of Lease. The parties aclmowledge that they jointly o
participated in the drafting of this Lease with the benefit of counsel,or had the opportunity
to receive such benefit of counsel, and that no term or provision of this Lease shall be W
construed in favor of or against either party based solely on the drafting of this Lease.
SeLlion 2a.27 Lessor's to Coo grate.Where required under this Lease,Lessor
shall,to ensure the implementation A the public affordability purpose furthered by this
Lease,cooperate with reasonable requests of Initial Lessee,Sublessees,mortgagees,title
insurers,closing agents,government agencies and the like regarding any relevant terms and o
conditions contained herein.
Section 20.28 Execution is CounteMadl.This lease may be executed in any number
of counterparts,each of which shall be regarded as an original,all of which taken together
shall constitute one and the same instrument and any of the parties hereto may execute this
lease by signing any such counterpart.
IN WITH M WHEREOF, the Lessor and the Lessee have hereunto set their
hands and seals,as of the day and year above written.
FOR Lg.49OR BOARD OF COUNTY
COMMI99I0 OF ONROE COUNTY,FLORMA
00
a
By, z�
y`O1 MONROE COUNTY ATTORNEY
�, Date:-) m w &4- 2° �° 9 APPROVED AS TO FORM
-�---- -
PETER MORRIS
o ®K,CLERK
ASSISTANT COU TY ATTORNEY
pate:
^e1� �, tyClerk N
Page 39 of 48
Packet Pg. 1562
Monroe County Attorney
Approved as to Form:
0
By:
FOR LES EE:
Monroe ty Housing Authority
By:
,J. Castillo, Executive Director c
WITNESSES:
0
KGB VI'" Mad.o�-
2
Witness No. 1(Print Name)
��.
fitness No. 1 ignature) y
S'L i ry M .
Witness No. 2 (Print Name)
2
� S
Witness No. 2 (Signature)
STATE OF rI°'r' d4
COUNTY OF M° 1�-°e.
The foregoing instrument,Second Amended Ground Lease between Board of County
Commissioners of Monroe County,Florida,and the Monroe County Housing Authority,was
acknowledged before me this 1 I +-I, day of '�� tom^ �'W , 2019, by Manuel
Castillo,as Executive Director of the Monroe County Housing Authority,who is personally
known to me n
and did take an oath.
Notary Public(Print Name and Notary No.) Notary Public Seal
N
Notary Public (Signature)
N
! , Y•ye:'},
PAG IN
C
AXF 9 616wcMWIONF22EVIRES:FeNuary220 6oWsd 7bru NOWY Pubk Undwydets
Page 40 of 48
Packet Pg. 1563
C
0
LEGAL DESCRIPTION
0
31 S. Conch Avenue, Conch Key(bearing Property Identification Number 0038578o-
000400):
The West 70 feet of Lot 14,CONCH KEY SUBDIVISION,according to the Plat thereof,recorded in Plat
Book 2,Page 130,of the Public Records of Monroe County,Florida.Said parcel of land being more
• particularly described as follows,to%Ot:
At the Point of Beginning commence ai a point on the North Right-of-Way line of South Conch Avenue and
the Southwest corner of Lot 14, Conch Key Subdivision, according to the Plat thereof as recorded in Plat
Book 2, Page 130, of the Public Records of Monroe County, Florida; thence run in a Northerly direction
along the West boundary line of Lot.14 for a distance of 70 feet to the Northwest corner of said Lot 14;thence
proceed at a right angle along the Northern lot line of Lot 14 for a distance of 70 feet to a point; thence at a
right angle and running parallel with the East lot line of Lot 14, run a distance of 70 feet to a point on the e
South lot line of Lot 14, and on the North night-of-way line of South Conch Avenue said point being 70 feet
from the Point of Beginning;thence at a right angle proceed in a'Westerly direction along the South lot line of
Lot 14 a distance of 70 feet back to the Point of Beginning.
31535 Avenue C, Big Pine Key(bearing Property Identification Number 00302670-
000000 and 0030268o-000000):
Block 22,Lots 1, 2,3, and 4, Sands Subdivision, according to the Plat thereof as recorded in
Plat Book 1,Page 65, of the Official Records of Monroe County,Florida.
2 N. Conch Avenue, Conch Key(bearing Property Identification Number 0038578o-
00000
All of Loot 13,the Easterly 30 feet of Lot 14,the Easterly 39 feet of Lot 30 and All of Lot 31 of CONCH KEY,being a
combination of the following two Parcels of Land: A Part of Lots 13 and 30 and All of Lot 31 of CONCH KEY, as
recorded in Plat Book 2, Page 130, of the Public Records of Monroe County,Florida, and being more particularly
described by metes and bounds as follows:Commencing at the Northeast corner of Lot 31,said corner to be known as
the Point of Beginning of the Tract of Land hereinafter described, bear North 66' 45' West, along the Southerly
Right-of-Way line of North Conch Avenue,131.95 feet;thence bear South 230 15'West,70 feet;thence bear North 66
45' West, 39 feet; thence bear South 23" 15' West, 70 feet to the Northeasterly Right-of-Way line of South Conch
Avenue; thence bear South 66' 45' East,36.82 feet to the Northerly Right-ofWay line of U.S.Highway No. 1; thence
bear North 69° 05' East, along the Northerly Right-of-Way line of U.S. Highway No. 1, 190.93 feet; thence in a
Northerly direction, 7.48 feet, back to the Point of BeginningANDA Parcel of Land in a Part of Lots 13 and 14 of
CONCH KEY, as recorded in PIat Book 2, Page 130, of the Public records of Monroe County, Florida, and being
more particularly described by metes and bounds as follows: Commencing at the Southwest corner of Lot 14, bear
South 66'45'East,along the Northerly Right-ofWay line of South Conch Avenue,70 feet to the Point of Beginning of
the Parcel of Land hereinafter described; from said Point of Beginning,bear North 230 15' East,70 feet; thence bear
South 66°45'East,52 feet;thence bear South 23'15' West,70 feet to the Northerly Right-of-Way line of South Conch
Avenue; thence bear North 66'45'West,along the Northerly Right-of-Way line of South Conch Avenue,52 feet,back CD
to the Point of Beginning.
CD
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Page 41 of 48
Packet Pg. 1564
COMPOSITE EXHIBIT"B"
�. MANAGEMENT AGREEMENT: c,
0
A. Introduction: The Lessor and Lessee to this lease mutually agree that the
Property shall be developed, used, and occupied so as to ensure affordability in
perpetuity in connection with the Property and the dwelling units to be
constructed therein as set forth in this lease.
The Lessor and Lessee to this lease mutually agree that housing and occupancy
preference shall be granted to qualified full-time employees of Lessor,and to
qualified full-time employees of Lessee. "Qualified,"as used herein, means those
employees of Lessor and Lessee who satisfy all requirements of the affordable
Workforce Housing Restriction applicable to a unit that is available for use and
occupancy, and means those employees of Lessor and Lessee who satisfy all
requirements of the affordable Workforce Housing Restriction applicable to a
unit that is available for use and occupancy.The legal effectiveness and
enforceability of such preference is contingent upon approval of the Florida
Department of Economic Opportunity, Florida Housing Finance Corporation, y
and United States Department of Housing and Urban Development.
B. Program Description:The Monroe County Board of County Commissioners
("Lessor") continues to examine the affordable workforce housing crisis within
the county and seeks to determine best practice solutions to mitigate this
situation.The Monroe County Employee Rental Housing Program enacted under
this lease is one such solution.
A central concern of the Program is the enormous financial pressure on the
Lesssor's and on the Lessee's employees in connection with the affordability of
housing opportunities near their jobs.This program, as applied under this lease,
grants employee preference to qualified full-time employees of the Lessor and to
qualified full-time employees of the Lessee.
2
C. Management and Administration of the Waiting List and Lease
Housing Preferences:
Under Monroe County Land Development Code Section 139-i(f)(8),the Monroe
County Planning Director may authorize"[t]he county housing authority" and
"other public entities established to provide affordable housing"to administer the
eligibility, qualification, re-qualification, and compliance requirements otherwise
ordinarily administered by the County's Planning Department pursuant to a
written agreement.The Board of County.Commissioners of Monroe County's
approval of this lease has approved this lease in conjunction with the Planning
Director's approval for Lessee to administer the eligibility, qualification, re-
qualification, and compliance requirements under this lease, as authorized under
Monroe County Land Development Code Section 139-(f)(8).
Page 42 of 48
Packet Pg. 1565
As such, Lessee agrees that it will comply with all qualification, re-qualification,
and compliance requirements applicable under this lease and as applicable under
the Monroe County Code(s). Lessee shall provide an annual report to the Monroe ca
County Planning&Environmental Resources Department showing all income
qualifications, all income re-qualifications, and rents. If any other documents,
records, or information is required by Lessor, Lessee shall provide it to Lessor.
Lessee may not authorize a third-party to assume or undertake this delegation of
authority without Lessor's prior express written approval.All records held by
Lessee and Lessee's authorized agents may be considered public records under
Chapter 119, Florida Statutes, and it shall be Lessee's sole responsibility to
maintain and abide by all requirements applicable to proper maintenance and
disclosure of such records under Chapter 119, Florida Statutes.
It shall be the Lessee's policy that each applicant shall be assigned an appropriate
place on a waiting list.Applicants shall be listed in a sequence based upon date
and time a complete,legally sufficient application is received,the size and type of
unit the applicant has requested, and factors of preference or priority. In filling
an actual or anticipated vacancy, the Lessee shall offer the dwelling unit to an
applicant in the appropriate sequence,with the goal of accomplishing complete y
occupancy of all units by qualified full-time employees of Lessor and Lessee.
By maintaining an accurate waiting list, the Lessee will be able to perform the
activities which ensure that an adequate pool of qualified applicants will be 2
available to fill unit vacancies in a timely manner. Based upon the Lessee's
turnover and the availability of appropriately-sized units, groups of families will
be selected from the waiting list to form a final eligibility pool. Selection from the
pool will be based upon completion of verification of all documents and
information provided.
The Lessee shall administer its waiting list as required by 24 C.F.R. Part 5, Part
945 and 96o, Subparts A and B. The waiting list will be maintained in accordance
with the following guidelines:
2
The application will be a permanent file.
All applicants in the pool will be maintained in order of this lease's prioritization
of housing applicants who are qualified full-time employees of Lessor and Lessee.
Applications equal in preference will be maintained by date and time sequence.
All applicants must meet all applicable eligibility requirements as established by
law.
The Lessee, at its discretion, may restrict application, suspend application intake,
and close a waiting list in whole or in part, and will publicly announce its decision
to do so by posting such decision in all of its offices. Such decision to close the
waiting list shall be based upon the number of applications available for a
particular size and type of unit, and the ability of the Lessee to house an applicant
in an appropriate unit within a reasonable period of time.
Page 43 of 48
Packet Pg. 1566
D.3.b
When the Lessee reopens the waiting list, it will advertise this in a newspaper of '
general paid circulation in Monroe County.The notice will be made in accessible
format if requested and will contain:
0
The dates, times, and locations where families may apply.
The applicable program(s) for which applications will be taken.
A brief description of the applicable program(s).
A statement that Section 8 participants must submit a separate application
if they wish to apply for available housing.
Limitations on who may be eligible to apply.
Eligibility requirements.
Availability of local preferences.
0
During the period in which the waiting list is closed,the Lessee will not maintain
a list of individuals who wish to be notified of when the waiting list is re-opened.
r_
0
The open period shall be long enough to achieve a waiting list adequate to cover
projected turnover over the next 24 months.When the period for accepting
applications is over,the Lessee will add to the new applicants to the list by: y
Unit size, this lease's stated preference for qualified full-time employees of
Lessor and Lessee, and the date and time of application receipt.
2
When applicants consist of two families living together(for example, such as a
mother and father, and a daughter with her own husband and children), and they
apply as one family unit,they will be considered as one family unit. E
A preference does not guarantee admission to the program/approval of a housing
application. Preferences are used to establish the order of placement on the
waiting list. Every applicant must meet all of the Lessee's Selection Criteria as
defined in this policy pursuant to the requirements of this lease permitted by law.
Applicants who reach the top of the waiting list will be contacted by the Lessee to
verify their preference and, if verified, the Lessee will complete the application
for occupancy.Applicants must complete the application for occupancy and
continue through the application processing and may not retain their place on the
waiting list if they refuse to complete their processing when contacted by the
Lessee.
Among applicants with equal preference status,the waiting list will be organized
by date and time.
The maximum possible numerical point total for an application is loo.
Priority preference pursuant to this lease is provided to eligible employees of
Lessor and Lessee on the waiting list.A properly noticed public meeting was held
before this lease was adopted.
Page 44 of 48
Packet Pg. 1567
The following preference is used: '
Residency/Lessor and Lessee Employee Preference: For applicants who
are current full-time employees of Lessor and Lessee who work in Monroe
County and satisfy the Workforce Housing Restriction applicable to a given unit.
In order to verify that an applicant so satisfies these given requirements,the
Lessee will require a minimum of one (1) of the following documents:Verification
in the form of an employment record(s)provided by the Monroe County Human
Resources Department or Lessee's equivalent human resources office, other
employer or agency records, driver's licenses,voter's registration records, credit
reports, statement(s)from household with whom the family is residing, rent
receipts,leases, school records, utility bills, etc.
Preference Point System:
Local Preference Point Description Point Value
Full-Time Employee of Lessor Full-Time Monroe County 100 c
BOCC Employee
Full-Time Employee of Lessee Full-Time Monroe County 100
Housing Authority
Employee
2
Before applying its preference system,the Lessee will first match the
characteristics of the available unit to the applicant(s) available on the waiting
list. By matching unit and family characteristics and qualifications for a foregoing W
preference, it is possible that families who are lower on the waiting list may
receive an offer of housing ahead of families with an earlier date and time of
application.
The Lessee will verify all preference claims at the time they are made.The Lessee
will re-verify a preference claim,if the lessee feels the applicant's or family's
circumstances have changed, at the time of selection from the waiting list.
If the preference verification indicates that an applicant does not qualify for the --
preference,the applicant will be returned to the waiting list and ranked without
that preference and given an opportunity for a review.
Changes in an applicant's circumstances while on the waiting list may affect the
applicant's or his/her family's entitlement to a preference.Applicants are E
required to notify the Lessee in writing when their circumstances change.When
an applicant claims a preference,he or she will be placed on the waiting list in the
proper order of their newly claimed preference.
If the Lessee denies a preference,the applicant will be placed on the waiting list
without the benefit of the preference.The Lessee will notify an applicant in
writing of the reasons why the preference was denied and offer the applicant an
opportunity for an informal meeting.The applicant will have to business days to,
Page 45 of 48
Packet Pg. 1568
in writing, request that meeting. If the applicant does not request a meeting, and '
if the preference denial is sustained/upheld as a result of such meeting,the Ca
applicant will be placed on the waiting list without benefit of the preference.
0
If the applicant falsifies documents or makes false statements in order to qualify
for any preference, they will be removed from the waiting list with notification to
the applicant and/or the family on the application.
The waiting list will be purged at least annually by a mailing to all applicants to
ensure that the waiting list is current and accurate.The mailing will make a
request for current and/or updated information and confirmation of the
applicant's continued interest. If the applicant fails to respond to such mailing
within 14 calendar days, he/she will be removed from the waiting list. If the 14th
day falls on a Saturday, Sunday, or official designated federal or state holiday,the
14th day shall be considered the nearest next business day. If a letter is returned
by the post office without a forwarding address,the applicant will be removed
from the list without further notice and the envelope and letter will be
maintained in the file. If a letter is returned with a forwarding address, it will be
re-mailed to the address indicated. y
When an applicant rejects the final unit offer by the Lessee,the Lessee will:
Remove the applicant's name from the waiting list.
Remove from the waiting list means: The applicant must re-apply.
Applicants must accept a unit offer within 10 business days of the date the offer is E
made. Offers made over the telephone will be confirmed by letter. If unable to
contact the applicant by telephone,the Lessee will send a certified letter.
Lessee must provide each applicant(s) approved to occupy a Workforce Housing
Unit(s)with a Letter of Acknowledgment conforming to Exhibit"C."to this lease,and each applicant(s) must return said Letter to Lessee properly executed and
notarized.
N
CD
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Page 46 of 48
Packet Pg. 1569
EXHIBIT"C"
LETTER OF ACKNOWLEDGEMENT
TO: Initial Lessee, or its assigns
Address of Initial Lessee, or its assigns
DATE:
This letter is given to (.....Initial Lessee....) as an acknowledgement in regard to
the affordable Workforce Housing Unit that I am renting. I hereby acknowledge the
following:
• That I meet the requirements set forth in the Lease and Workforce
Housing Restrictions for this property to rent an affordable Workforce
Housing Unit. I understand that the unit I am renting is being rented to
me at a price restricted below fair market value for my, future similarly
situated persons and Monroe County's benefits. y
• That the Workforce Housing Unit that I am renting is subject to a 99-year
ground lease by and between Monroe County, a political subdivision of the
State of Florida, and
(hereinafter"Lease"). 2
• That my legal counsel, ,has explained
to me the terms and conditions of the Lease, including without limitation
the meaning of the terms "Workforce Housing Restrictions" and other E
legal documents that are part of this transaction. If I have not had legal
counsel, I state here that I have had an opportunity to have obtain such E
counsel, understand its importance, and have knowingly proceeded
without it.
• That I understand the terms of the Lease and Workforce Housing
Restrictions and how the terms and conditions set forth therein will affect
my rights, now and in the future.
• That I agree to abide by the Lease and Workforce Housing Restrictions, as
defined in the Lease, and I understand and agree for myself and my
successors in interest that Monroe County and State of Florida state
agencies may change some of the Workforce Housing Restrictions over the
99-Year term of the Lease and that I will be expected to abide by any such
changes.
• That I understand and agree that one of the goals of the Lease is to keep
the Workforce Housing unit affordable and exclusively used for said
purposes and I support this goal.
• I must comply with the requirements set forth in the Lease.
• I am prohibited from severing the improvements from the real property.
• That my family and I must occupy the Workforce Housing Unit and that it
cannot be rented to third parties without the express written approval of
Page 47 of 48
Packet Pg. 1570
D.3.b
the Lessor.
• That I have reviewed the terms of the Lease and Workforce Housing Ca
Restrictions, and that I consider said terms fair and necessary to preserve
the Workforce Housing Unit.
0
Signatory(Printed Name) Signatory(Printed Name)
0
0
Signatory(Signature) Signatory(Signature)
2
C
0
STATE OF c
COUNTY OF
The foregoing instrument,Letter of Acknowledgment,was attested before me this
day of 20 by , and by
as who is/are personally known to me or produced
as proof of identification and did take an oath. c
Notary Public(Print Name and Notary No.) Notary Public Seal m
Notary Public(Signature)
2
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Page 48 of 48
Packet Pg. 1571
Doc#2252577 Bk#3004 Pg#1128
Recorded 1i21/2020 11:44 ATM Page 1 of 48
Filed and Recorded in Official Records of
MONROE COUNTY NEWT MADOJK,CPA
FIRST AMENDED LEASE
BETWEEN
THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA
"LESSOR" y
c
AND
THE MONROE COUNTY HOUSING AUTHORITY
i .
. "LESSEE"
c
FOR PROPERTY LOCATED ON BIG PINE KEY,AND CONCH KEY,
MONROE COUNTY, FLORIDA. y
DATED o� o��� I� ; 2019
c
y .
N
Packet Pg. 1572
Table of Contents
Article Title Page No.
I Definitions c
4
II Demised Premises
III Term 7
IV Rent
V Non-Subordination 8
U
VI Payment of Taxes and Utilities 9
r_
0
VII Mechanics'Liens 11
0
VIII Governing Law, Cumulative Remedies 12
IX Indemnification of Lessor 13
2
X Insurance 14 0
0
XI Insurance Premiums 1$
XII Assignment/Transfer i8
XIII Condemnation 20
XIV Construction 21
2
XV Mortgage Financing 23
XVI Default 26
XVII Repair Obligations 29
XVIII Additional Covenants of Lessee/Lessor 29
XIX Representations, Warranties of Title and Quiet Enjoyment
and No Unlawful or Immoral Purpose or Use 31
XX Miscellaneous 32
Page 2 of 48
Packet Pg. 1573
FIRST AMENDED OCCUPANCY AGREEMENT AND GROUND LEASE
THIS First Amended Agreement and Lease made and entered into on this day of
2o19 by and between the BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY,FLORIDA(referred to as the"Lessor"or"Owner",or"County"
or"Monroe County"),a political subdivision of the State of Florida organized and existing
under the laws of the State of Florida, and THE MONROE COUNTY HOUSING
AUTHORITY (referred to as the "Lessee" or "Initial Lessee", or "Contractor" or
"Occupant"), a public body, corporate and politic,created and organized pursuant to and
in accordance with the provisions of Housing Authorities Law,codified pursuant to Chapter
421, Florida Statutes. c
RECITALS
WHEREAS, Lessor is the owner in fee simple of that certain property located at
what is now known as 31 S. Conch Avenue, Conch Key (bearing Property Identification
Number 00385780-000400), and is the owner of an option to hold land in fee simple
located at what is now known as 31535 Avenue C, Big Pine Key (bearing Property
Identification Number 00302670-O00000 and 0030268o-000000), and located at 2 N.
Conch Avenue, Conch Key (bearing Property Identification Number 0038578o-000000),
Monroe County, Florida, said four properties (hereinafter cumulatively referred to as the
"Property") being more particularly legally described as per the attached incorporated
Exhibit"A."; and 0
0
WHEREAS, Lessee desires to develop the Property for rental use of 20 affordable
workforce housing units pursuant to the FHFC RFA 2019-101 CDBG-DR in Monroe County
for qualified tenant occupants; and
WHEREAS, Lessee desires to use the Property for rental use of 20 future housing
units for qualified tenant occupants as workforce housing (as defined in the above-
referenced FHFC RFA 2019-101); and a,
2
WHEREAS, in order to preserve the affordability of the dwelling unit(s) to be
developed, used, and occupied on the Property, Lessor desires to lease the Property to
Lessee for ninety-nine (99)years, subject to the FHFC CDBG-DR program Restrictions as
set forth and further defined herein; and
WHEREAS,the Lessor and Lessee agree that the Lessee shall develop the Property
in accordance with all requirements of the Community Development Block Grant-Disaster
Recovery("CDBG- DR") Program; and
WHEREAS, Lessor and Lessee desire and hereby enter into this 99-year lease to
ensure and preserve affordability in perpetuity of the Property and all dwelling units
thereon; and
WHEREAS,Lessor and Lessee mutually agree to the Property Management process
and guidelines as set forth more fully below and attached incorporated Exhibit"B."to the
Page 3 of 48
Packet Pg. 1574
D.3.c
extent allowed by the Florida Department of Economic Opportunity and Florida Housing ,
Finance Corporation;
NOW THEREFORE, in consideration of the mutual covenants and obligations
contained herein,the receipt and sufficiency of which are hereby acknowledged,the parties
agree as follows:
0
The foregoing recitals are true and correct and are hereby incorporated as if fully
stated herein, and all exhibits attached hereto are true and correct, have been agreed to
by Lessor and Lessee, and are hereby incorporated as if fully stated herein.
0
ARTICLE I
0
Definitions
0)
2
"FHFC" shall mean the "Florida Housing Finance Corporation."
"CDBG-DR" shall mean the Florida Department of Economic Opportunity's
"Community Development Block Grant-Disaster Recovery"initiative/program.
"Workforce Housing Restriction" shall mean a dwelling unit whose monthly rent
meets the requirements of the State and Federal Government requirements of the grants
awarded; or,upon the parties'mutual written agreement,"Workforce Housing Restriction"
may alternatively mean a dwelling unit whose occupancy is subject to a maximum income
limit as allowed by the FHFC and/or the U.S. Department of Housing and Urban a
Development (HUD). Tourist housing use or vacation rental use of any Unit(s) are
prohibited. Said restriction shall encumber the Property for the term of the ninety-nine(99)
year lease. Preference shall be granted to qualified full-time employees of Lessor, and to
qualified full-time employees of Lessee. The legal effectiveness and enforceability of such
preference is contingent upon approval of the Florida Department of Economic
Opportunity, Florida Housing Finance Corporation, and United States Department of >
Housing and Urban Development. c
Moreover, Lessor may establish in the foregoing Workforce Housing Restriction(s)
"means"or"assets"criteria that limit potential rental pools,as allowed by the FHFC and/or
the HUD. Any such amendment shall not increase Initial Lessee's responsibilities as set
forth herein. It is the intent and purpose and shall be the effect of this Lease and the a
Workforce Housing Restriction(s) herein, to ensure that the workforce housing units'
affordability of the dwelling unit and dedicated real property upon which they are located is n
maintained and enforced such that any administrative rule, policy, or interpretation
thereof, made by Lessor or its designees relating to the maximum total amount of
consideration and cost permitted to be in any way involved in a purchase transaction
(including, but not limited to, purchase price, lease assignment fees, rents, or any other
compensation given or received in or"outside"of a related transaction) shall never exceed
the workforce housing criteria established by FHFC for the dwelling unit involved.In every
case,the construction and interpretation of terms,conditions,and restrictions imposed by
this Lease and the foregoing Workforce Housing Restriction(s) shall be made in favor of
Page 4 of 48
Packet Pg. 1575
D.3.c
ensuring that long-term workforce housing benefits for the respective housing resources ,
inure to the benefit of Monroe County.
"Workforce Housing Unit"means the dwelling unit to be located on the Property in
accordance and in compliance with this Lease, including the Workforce Housing
Restriction. Preference shall be granted to qualified full-time employees of Lessor and/or
Lessee. The legal effectiveness and enforceability of such preference is contingent upon
approval of the Florida Department of Economic Opportunity, Florida Housing Finance
Corporation, and United States Department of Housing and Urban Development. The
parties each agree that 20 such units, all subject to the above-defined Workforce Housing
Restriction, shall be developed on the Property.
"Commencement Date"shall mean the date when Initial Lessee receives a Certificate
of Occupancy for the Workforce Housing Unit.
2
"Demised Premises" shall mean the property leased pursuant to this Lease for
development of the Workforce Housing Unit(s), more particularly legally described on
attached Exhibit"A."Demised Premises,where the context requires and the construction
is most appropriate, shall also mean portions of the Demised Premises and any
improvements developed thereon.
"Effective Date"shall mean the date this Lease is fully executed and delivered by all
parties and the date that the Lessee shall be entitled to begin to occupy the Demised
Premises for purposes of development and construction of the Project and property c
management.
"Initial Lessee" means the Monroe County Housing Authority.
"Lease" shall mean this lease for the creation of the Workforce Housing Unit(s) on
the Demised Premises, as may be amended from time to time by the parties. It is expressly
contemplated and intended by Lessor, as fee title holder to the Demised Premises, and
agreed to and accepted by Lessee(s), that any limitations, restrictions and/or other
covenants of any nature, whether established pursuant to this Lease or by the Workforce
Housing Restriction(s),be given the full force and effect of enforceable covenants running
with the land, equitable servitudes and all other cognizable legal and equitable real property
conventions so as to ensure the overall public workforce housing purposes intended to be
served, including appropriate application of cumulative enforcement theories.
"Lease Year" shall mean the twelve (12) month period beginning on the
Commencement Date and each twelve(12)month period thereafter throughout the Term of
this Lease.
"Lessor"means the BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, or its assigns or designees. Where the context requires, "Lessor"
may be construed mean an agency or party designated by the Lessor.
"Lessee" means the Initial Lessee and its successors and assigns, including any
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Lessor-authorized Association(s) created by Initial Lessee for the Unit tenants, if any, as
well as the individual Unit tenants.
"Project" shall mean the required development of the Demised Premises for
workforce housing units for qualified tenant occupants,primarily the required construction
of such units as set forth in Article XIV,but also including related infrastructure,securing
of required development approvals and permits, financing for the construction of the
Workforce Housing Unit(s), and marketing of the Workforce Housing Unit(s).
"Related Agreements"shall mean any purchase and sale or other agreement entered
into with Monroe County contemporaneously and in conjunction with this Lease.
"Rent" shall mean any sum of money due to the Lessor under this Lease for any
reason.The term"Rent"as used herein,shall not be misconstrued as authorizing any rental
use other than that descriptively authorized within the body of this lease, and shall not be
misconstrued to preclude definition and distinguishing of rent,rental rates,and other such
terms as may be provided for in Subleases.
0
"Sublease" shall mean any combination of instruments that grant, convey or
otherwise transfer a possessory use and/or possessory interest to any portion of the
Demised Premises,including,upon Lessor's subsequent express authorization of rental use
and rental-occupancy of the Workforce Housing Unit(s), such authorize(d) rental
agreement(s)with tenants or renters of a Workforce Housing Unit(s) (which maybe more
particularly discussed herein or in the Workforce Housing Restriction(s).The title or exact
nomenclature used to describe such instruments may vary to suit particular circumstances
and shall lie within Initial Lessee's reasonable discretion and still remain within the
meaning herein intended. It is intended that the term Sublease encompasses such
instruments that effectuate qualified end-user, possession, and/or use of Workforce
Housing Unit developed on the Demised Premises.
"Sublessee" or shall be broadly and liberally construed so as to mean an individual
Workforce Housing Unit tenant who,as of the date such person acquires or renews his/her
interest in the Workforce Housing Unit, and qualifies, as applicable,under the Workforce
Housing Restriction.
"Term" shall mean the Commencement Date, and continuing for ninety-nine (99)
years thereafter, plus any agreed upon extension of this Lease, and unless otherwise
permitted by Lessor, all Subleases and rights or interests granted thereunder shall
terminate at the end of the Term.
ARTICLE II
Demised Premises
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Section 2.oi Lessor's Demise. Upon the terms and conditions hereinafter set forth,
and in consideration of the payment of the Rents and the prompt and full performance by
the Initial Lessee of these covenants and the terms and conditions of any Related
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Agreements,to be kept and performed by the Initial Lessee,the Lessor does lease,let, and
demise to the Initial Lessee (and permitted successor Lessees) and the "Initial Lessee"
hereby leases from the Lessor,the following described premises,situate,lying and being in
Monroe County, Florida: See attached Exhibit "A."
0
Section 2.02 Conditions. The demise is likewise made subject to the following:
(a) Conditions, restrictions and limitations, if any, now appearing of
record;
The Monroe County Comprehensive Plan,the Monroe County Code of
Ordinances and Monroe County Land Development Code, and any other applicable
governmental body now existing or which may hereafter exist by reason of any legal
authority during the Term of this Lease; and U
0)
2
(c) The proper performance by the Lessee of all of the terms and
conditions contained in this Lease, the Workforce Housing Restriction(s) and Related
Agreements, if any.
0)
ARTICLE III
Term
2
Section:i.o1 Term.To have and to hold the Demised Premises for a term of ninety- c
nine (99) years commencing on the Commencement Date, and ending ninety-nine (99)
years thereafter,both dates inclusive,unless sooner terminated,or extended,as hereinafter
provided(the"Termination Date"). Lessee shall be given possession on the Effective Date
and the terms and conditions set forth herein shall be binding on the parties as of the
Effective Date. Lessee shall have the right to occupy the Demised Premises as of the
Effective Date in order to allow Lessee to commence construction,as well as other activities
related to the development and construction of the Project.As herein set forth, the Term
will not commence until the Workforce Housing Unit(s)is/are completed and a Certificate
of Occupancy has been issued for said unit(s).
Section g.02 Renewal Option. So long as Lessee is not then in default under this
Lease, Lessee shall have the option to renew this Lease for an additional ninety-nine
(99)year period by providing written notice of its election to renew this Lease to Lessor
no less than three (3) months prior to Termination Date. The terms, conditions, and
conditions of the renewal term shall be the same as under this Lease.
ARTICLE IV
Rent
Section 4.o1 Annual Base Rent. Lessee covenants and agrees to pay to Lessor
promptly when due, without notice or demand, and without deduction or offset, Annual
Base Rent throughout the Term of this Lease beginning on the Commencement Date,in the
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amount of Ten Dollars ($1o.00) per Lease Year or partial Lease Year. Lessee shall pay to
Landlord said Annual Base Rent upon Commencement of the lease and on the first day of
the second month of each Lease Year throughout the term of this Lease.
Section 4.02. All amounts payable under Section 4.oi hereof, as well as all other
amounts payable by Lessee to Lessor under the terms of this Lease, shall be payable in
lawful money of the United States which shall be legal tender in payment of all debts and
dues, public and private, at the time of payment, each payment to be paid to Lessor at the
address set forth herein or at such other place within the continental limits of the United
States as Lessor shall from time to time designate by notice to Lessee. Except for any
income tax payable by the Lessor, Lessee shall pay any and all taxes, including any local
surcharge or other tax, on the Rent payable pursuant to this Lease in addition to the sums
otherwise set forth herein.
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Section 4.03_It is intended that the Rent shall be absolutely net to Lessor throughout
the Term,free of any taxes, costs,utilities,insurance expenses,liabilities, charges or other
deductions whatsoever, with respect to the Demised Premises and/or the ownership,
leasing, operation, maintenance, repair, rebuilding, use or occupation thereof.
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Section 4.04.All amounts payable by Lessee to Lessor under any of the provisions of
this Lease, if not paid when due as provided for in this Lease, shall bear interest at the
highest rate allowable under Florida law from the time they become due until paid in full by
Lessee. In addition, Lessee shall pay a late fee in the amount of ten (io%) percent of any 0
amount due from Lessee to Lessor which is not paid within ten (1o) days of the payment c
due date for any sums due for Rent and within thirty(3o)days for any other sums due from
Lessee pursuant to this Lease; provided, however, such payment shall not excuse or cure
any default by Lessee under this Lease. It is agreed by the parties hereto that Lessee shall
reimburse Lessor for collection charges incurred as a result of the overdue Rent which may
include but shall not be limited to related attorneys' fees, regardless of whether suit is
brought. Such late fee shall be in addition to any interest payable by Lessee as set forth
herein from Lessee's failure to pay any Rent due hereunder. In the event that any check,
bank draft, order for payment or negotiable instrument given to Lessor for any payment
under this Lease shall be dishonored for any reason whatsoever not attributable to Lessor,
Lessor shall be entitled to charge Lessee an administrative charge for dishonored checks
pursuant to law. In addition,Lessor shall be reimbursed by Lessee for any costs incurred by
Lessor as a result of a payment instrument being dishonored (e.g., legal fees).
ARTICLE V
Non-Subordination
Section s.oi Non-Subordination. Notwithstanding anything to the contrary
contained in this Lease, the fee simple interest in the Demised Premises shall not be
subordinated to any leasehold mortgage,lien or encumbrance of any nature without written
permission of the Lessor and Lessee.Furthermore,the Lessor's right to receive payment or
performance under the terms of this Lease or adherence to any of its conditions or to the
Workforce Restriction(s) (or performance under or adherence to the terms of any Sublease
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or related instrument)shall not be subordinated to any debt or equity financing,leasehold ,
mortgage,lien,encumbrance or obligation of any nature without written permission of the
Lessor and Lessee.
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ARTICLE VI
Pment of Taxes and Utilities c
ay
Section 6.oi Lessee's Obligations. From the Effective Date to the Commencement
Date and as additional Rent during the Term of the Lease, the Lessee shall pay and
discharge, as they become due, promptly and before delinquency, all taxes, assessments,
water and sewer rents,rates and charges,transit taxes,charges for public utilities,excises,
levies, licenses and permit fees and other governmental charges (annual easement fee),
general and special,ordinary and extraordinary,unforeseen and foreseen,of any kind and
nature whatsoever,which at any time during the Term of this Lease maybe assessed,levied,
confirmed, imposed upon, or grow or become due and payable out of or in respect of, or
become a lien on,the Demised Premises,or otherwise arise out of the revenues received by
the Lessee from the sale or rental of the Workforce Housing Units to Sublessees, or be
associated with any document (to which the Lessee is a party) creating or transferring an
interest or estate in the Demised Premises.With regard to special assessments,if the right
is given to pay either in one sum or in installments, Lessee may elect either mode of
payment and Lessee's election shall be binding on Lessor.
The Lessor shall establish an operating deficit reserve account that shall be funded by
20%of the annual cash flow of the project,as determined by the annual audit.All payments
required for operational expenses shall be made from the project operating account for the
CDBG-DR project. If at any time the remaining balance of said account is or will be
insufficient to meet the payables due, the Lessee shall use the operating deficit reserve
account to cover all expenditures.At such future time as the project operating account has
surplus cash flow,the project operating deficit reserve account shall be replenished in the
exact amount it was reduced to cover the withdrawals made from this account.
2
Section 6.02 Obligations Altered. Nothing herein shall require the Lessee to pay
municipal, state, or federal income taxes assessed against the Lessor, municipal, state, or
federal capital levy, estate, gift, succession, inheritance or transfer taxes of the Lessor, or
Lessor's legal representative,corporate franchise taxes imposed upon any corporate owner
of the fee of the Demised Premises;provided,however,that if at anytime during the term of
this Lease the methods of taxation prevailing at the commencement of the term hereof shall
be altered so as to cause the whole or any part of the taxes,assessments,levies,impositions
or charges now levied, assessed and imposed, wholly or partially as a capital levy, or
otherwise, on the rents received therefrom, or of any tax, corporation franchise tax,
assessments, levy (including, but not limited to any municipal, state or federal levy),
imposition or charge,or any part thereof,shall be measured by or based in whole or in part
upon the Demised Premises and shall be imposed upon the Lessor, then all such taxes,
assessments,levies,impositions or charges,or the part thereof so measured or based,shall
be paid and discharged by the Lessee. All rebates on account of any taxes, rates, levies,
charges or assessments required to be paid shall belong to Lessee.
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Section 6.03 Mode of Payment. The Lessee (and any Sublessee, as to their specific
interests in the Demised Premises)shall pay the taxes and other charges as enumerated in
this Article VI and shall deliver official receipts evidencing such payment to the Lessor
(Sublessees shall only deliver receipts as may be required by the Housing Restriction(s)),
which payment of taxes shall be made and the receipts delivered, at least thirty(3o) days
before the tax, itself, would become delinquent in accordance with the law then in force
governing the payment of such tax or taxes. If, however, the Lessee desires to contest the
validity of any tax or tax claim, the Lessee may do so without being in default hereunder,
provided the Lessee gives the Lessor notice of the Lessee's intention to do so and furnishes
the Lessor or the applicable governmental agency with a bond with a surety made by a
surety company qualified to do business in the State of Florida or pays cash to a recognized
escrow agent in Monroe County,one and one half(1 1/2)times the amount of the tax item or
items intended to be contested, conditioned to pay such tax or tax items when the validity
thereof shall have been determined, and which written notice and bond or equivalent cash
shall be given by the Lessee to the Lessor,not later than sixty(6o) days before the tax item
or items proposed to be contested would otherwise become delinquent.
Section 6.04 Lessee's Default.If the Lessee shall fail,refuse or neglect to make any of
the payments required in this Article,then the Lessor may,but shall not be required to,pay
the same and the amount or amounts of money so paid,including reasonable attorneys'fees
and expenses which might be reasonably incurred because of or in connection with such
payments, together with interest on all such amounts, at the highest rate allowed by law
shall be repaid by the Lessee to the Lessor,upon the demand of the Lessor,and the payment
thereof may be collected or enforced by the Lessor in the same manner as though such
amount were an installment of Rent specifically required by the terms of this Lease to be
paid by the Lessee to the Lessor,upon the day when the Lessor demands repayment thereof
or reimbursement therefor of and from the Lessee; but the election of the Lessor to pay
such taxes shall not waive the default thus committed by the Lessee. Notwithstanding the
foregoing, Lessee shall have the right to contest any taxes and assessments levied against
Lessee in accordance with Section 6.04, above; and provided Lessee files the appropriate
documentation to contest said tax or assessment,Lessee shall not be in default of this Lease
or obligated to pay any interest or other penalties to Lessor. Nothing herein shall be
construed to prevent or inhibit the assessment measures and collection remedies lawfully
available to any taxing authority.
Section 6.05 Sublessee's Default. If a Sublessee shall fail, refuse or neglect to make
any of the payments required in this Article,then the Lessor may,but shall not be required
to, pay the same, and the amount or amounts of money so paid, including reasonable
attorneys' fees and expenses which might be reasonably incurred because of or in
connection with such payments,together with interest on all such amounts, at the highest
rate allowed by law shall be repaid by the Sublessee to the Lessor,upon the demand of the
Lessor, and the payment thereof may be collected or enforced by the Lessor in the same
manner as though such amount were an installment of Rent specifically required by the
terms of this Lease to be paid by the Sublessee to the Lessor,upon the day when the Lessor
demands repayment thereof or reimbursement therefor of and from the Sublessee;but the
election of the Lessor to pay such taxes shall not waive the default thus committed by the
Sublessee. Notwithstanding the foregoing, Sublessee shall have the right to contest any
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taxes and assessments levied against Sublessee; and provided Sublessee files the
appropriate documentation to contest said tax or assessment, Sublessee shall not be in
default of this Lease or obligated to pay any interest or other penalties to Lessor. Nothing
herein shall be construed to prevent or inhibit the assessment measures and collection
remedies lawfully available to any taxing authority.
Section 6.o6 Proration. The foregoing notwithstanding, the parties hereto
understand and agree that the taxes for the first year(beginning on the Effective Date) and
the last year of the Term shall be prorated proportionately between the Lessor and the
Lessee. N
0
Section 6.07 Appraiser to Respect Effect of Affordable Workforce Housing
Restrictions. It is the intent of the parties that any appraisal of any portion of the Demised
Premises for taxation,public assessment or utility service purposes fully reflect the effect of
this Lease and the affordable Workforce Restrictions on the lawfully realizable value of
relevant portion(s) appraised, or where permissible by state law, "income approach" or
other method of calculation.
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ARTICLE VII
Mechanic's Liens
2
Section 7.o1 No Lien. Neither the Lessee nor any Sublessee shall have the power to
subject the interest of the Lessor in the Demised Premises to any mechanic's or
materialmen's lien of any kind whether or not the improvements are made with the consent 0)
of the Lessor. In accordance with the applicable provisions of the Florida Mechanic's Lien
Law and specifically Florida Statutes, Section 713.1o, no interest of the Lessor in the
Demised Premises or in the underlying land shall be subject to liens for improvements
made by Lessee, and Lessee shall notify any contractors,materialmen,subcontractors and
other persons working on such improvements of this provision.Neither the Lessee nor any
Sublessee shall permit or suffer to be filed or claimed against the interest of the Lessor in
the Demised Premises during the continuance of this Lease any lien or claim of any kind,
and if such lien be claimed or filed, it shall be the duty of the Lessee, or the Sublessee, to
which the lien or claim is attributable, or both, within thirty(3o) days after the Lessee or
Sublessee shall have been given written notice of such a claim, either by payment or by the 0)
posting of bond or by the payment to a court of competent jurisdiction of the amount
necessary to relieve and release the relevant portion of the Demised Premises from such
claim, or in any manner which, as a matter of law, will result,within such period of thirty
(3o)days,in releasing the Lessor and the title of the Lessor from such claim; and the Lessee
covenants and agrees,with respect to any lien or claim attributable to it,within such period
of thirty (3o) days, so as to cause the affected portion of the Demised Premises and the
Lessor's interest therein to be released from the legal effect of such claim.
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Section 7.02 Release of Lien. Neither the Lessee nor any Sublessee shall permit or
suffer to be filed or claimed against the interest of the Lessor in the Demised Premises
during the continuance of this Lease any lien or claim of any kind, and if such lien be
claimed or filed, it shall be the duty of the Lessee, or the Sublessee, to which the lien or
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claim is attributable,or both,within thirty(3o)days after the Lessee or Sublessee shall have
been given written notice of such a claim having been filed,to cause the respective portion
of the Demised Premises to be released from such claim, either by payment or by the
posting of bond or by the payment to a court of competent jurisdiction of the amount
necessary to relieve and release the relevant portion of the Demised Premises from such
claim, or in any other manner which, as a matter of law, will result, within such period of
thirty(3o)days,in releasing the Lessor and the title of the Lessor from such claim; and the
Lessee covenants and agrees,with respect to any lien or claim attributable to it,within such
period of,thirty(3o) days,so as to cause the affected portion of the Demised Premises and
the Lessor's interest therein to be released from the legal effect of such claim.
0
Section 7.03 Lessee's Default. If the Lessee shall fail,refuse,or neglect to perform its
obligations as required in this Article,then the Lessor may,but shall not be required to,pay
any sums required to cause the Demised Premises and the Lessor's interest therein to be
released from the legal effect of such claim and the amount or amounts of money so paid,
including reasonable attorneys' fees and expenses which might be reasonably incurred
because of or in connection with such payments,together with interest on all such amounts
at the highest rate allowed by law, shall be repaid by the Lessee to the Lessor, upon the
demand of the Lessor, and the payment thereof maybe collected or enforced by the Lessor
in the same manner as though such amount were an installment of Rent specifically
required by the terms of this Lease to be paid_ by the Lessee to the Lessor, upon the day
when the Lessor demands repayment thereof or reimbursement therefor of and from the
Lessee; but the election of the Lessor to pay such amount shall not waive the default thus
committed by the Lessee.
Section 7.04 Sublessee's Default. If the Sublessee shall fail, refuse, or neglect to
perform its obligations as required in this Article, then the Lessor may, but shall not be
required to,pay any sums required to cause the Demised Premises and the Lessor's interest
therein to be released from the legal effect of such claim and the amount or amounts of
money so paid, including reasonable attorneys' fees and expenses which might be
reasonably incurred because of or in connection with such payments,together with interest
on all such amounts at the highest rate allowed by law, shall be repaid by the Sublessee to
the Lessor, upon the demand of the Lessor, and.the payment thereof may be collected or
enforced by the Lessor in the same manner as though such amount were an installment of �-
Rent specifically required by the terms of this Lease to be paid by the Sublessee to the
Lessor, upon the day when the Lessor demands repayment thereof or reimbursement
therefor of and from the Sublessee;but the election of the Lessor to pay such amount shall
not waive the default thus committed by the Sublessee.
ARTICLE VIII
Governing Law, Cumulative Remedies
Section 8.ol Governing Law.All of the rights and remedies of the respective parties
relating to or arising under this instrument and any related documents shall be governed by
and construed under the laws of the State of Florida, and the FHFC RFA and development
agreement.
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Section 8.02 Cumulative Remedies.All rights and remedies accruing to the Lessor
shall be assignable in whole or in part and be cumulative; that is, the Lessor may pursue
such rights as the law and this Lease afford to it in whatever order the Lessor desires and
the law permits. Lessor's resort to any one remedy in advance of any other shall not result
in waiver or compromise of any other remedy.
ARTICLE IX
Indemnification of Lessor
Section 9.01 Indemnification by Lessee.During the Term of the Lease,and from the c
Effective Date to the Commencement Date during which Lessee shall be entitled and
obligated to maintain site control of and insurance for the Demised Premises for
construction of the Workforce Housing Unit(s), Lessee shall indemnify, defend, and hold
and save harmless the Lessor against any and all claims, debts, demands or obligations
which maybe made against the Lessor or against the Lessor's title in the Demised Premises,
arising out of,or in connection with,or in anyway related to the Demised Premises,except
for any claims,debts, demands,or obligations which maybe caused bythe gross negligence
or willful misconduct of Lessor. If it becomes necessary for the Lessor to respond to any
claim,demand or unanticipated matter or to defend any action seeking to impose any such
liability not caused by the gross negligence or willful misconduct of Lessor,the Lessee will
pay the Lessor all costs and reasonable attorneys' fees incurred by the Lessor in effecting
and preparing for such response or defense in addition to any other reasonable sums which 0
the Lessor may be called upon to pay by reason of the litigation,adversarial administrative
proceedings, or entry of a judgment against the Lessor in any case or matter in which such
claim is asserted.
Lessor shall not be liable to Lessee, or to Lessee's assignees or Sublessees or their
employees, agents, contractors, guests, or invitees, for any death, injury, or damage to
person or property in, about or relating to the Demised Premises. Lessee, on its and its
assignees' and their successors in interests' behalves, including any future Sublessees, or
grantees or licensees of the Initial Lessee, or any guests, invitees or tenants of any of the
foregoing, hereby assumes and covenants for its own and their own acceptance of sole
responsibility and liability to all persons for death, injury or damage related to or arising �-
from the possession, ownership, occupancy and for use of any portion of the Demised
Premises, and also, for all such future occupants, owners, Lessee, Sublessees, tenants,
guests,invitees and licensees,waives and releases forever all claims,demands and causes of
action against Lessor and its officers, employees, agents, successors, assigns, contractors
and representatives for loss of life or injury to person or property, of whatever nature.
Section 9.02 Insurance. On the Effective Date the Lessee shall cause to be written
and put in full force and effect a policy or policies of insurance as noted in Article X insuring
the Lessee against any and all claims and demands made by any person or persons
whomsoever for death, injuries or damages received in connection with the possession,
operation and maintenance of the Demised Premises. All such policies shall name the
Lessee and the Lessor(and any lender holding a mortgage on the fee simple or leasehold of
the Demised Premises), as their respective interests may appear,as the persons insured by
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such policies.Any loss adjustment shall require the written consent of both the Lessor and
Lessee.
Section 9.03 Policy Limit Changes.The policy limits for the comprehensive liability
insurance may be reviewed by Lessor every five (5) years and adjusted upward, if, in the
reasonable discretion of Lessor such increase in coverage is prudent or if similar projects
have begun to require greater insurance coverage.
ARTICLE X
Insurance c
Section io.oi Property Insurance.From and after the Effective Date,the Lessee will
keep insured any and all buildings and improvements upon the Demised Premises against U
all loss or damage by fire, flood and windstorm, together with "all risks" "extended
coverage,"which said insurance will be maintained in an amount sufficient to prevent any
party in interest from being or becoming a co-insurer on any part of the risk,which amount
shall not be less than the full replacement cost value of the relevant portions of the Demised
Premises, and all of such policies of insurance shall include the name of the Lessor as an
additional insured and loss payee and shall fully protect both the Lessor and the Lessee as
their respective interests may appear. In the event of destruction of buildings or
improvements by fire, flood, windstorm or other casualty for which insurance shall be
payable and as often as such insurance money shall have been paid to the Lessor and the 0
Lessee, said sums so paid shall be deposited in a joint account of the Lessor and the Lessee
in a bank mutually designated by the Lessor and Lessee and located in Monroe County,and
may be made available to the Lessee for the construction or repair (including any
modification to the improvements sought by the Lessee and approved in writing by the
Lessor), as the case may be, of any building or buildings damaged or destroyed by fire,
flood,windstorm or other casualty for which insurance money shall be payable and maybe
paid out by the Lessor and the Lessee from said joint account from time to time on the
estimate of any reliable architect licensed in the State of Florida officially overseeing of such
reconstruction and repair, certifying that the amount of such estimate is being applied to
the payment of the reconstruction or repair and at a reasonable cost therefor; provided,
however,that the total amount of money necessary for the reconstruction or repair of any --
building or buildings destroyed or damaged has been provided by the Lessee for such
purpose and its application for such purpose assured.
While the Project, or any replacement thereof, is in the course of construction, and
whenever appropriate while any alterations are in the course of being made,the aforesaid
fire and extended coverage insurance shall be carried by Lessee in builder's risk form
written on a completed value basis.
In the event of the destruction or damage of the improvements located on the
Demised Premises, or any part thereof, and as often as any portion of said Demised
Premises shall be destroyed or damaged by fire, flood, windstorm or other casualty, the
Lessee shall,within fifteen(15)months(or twenty-four(24)months for a substantially total
loss) from the date of such damage or destruction, rebuild and repair the same in such
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manner that the buildings or improvements so rebuilt and repaired, and the personal
property so replaced or repaired, shall be of the same or of a value higher than were the
buildings or improvements and the personal property prior to such damage or destruction,
and Lessee shall diligently prosecute the reconstruction or repairs without delay and have
the same rebuilt and ready for occupancy as soon as reasonably possible after the time when
the loss or destruction occurred. The 15-month period(or twenty-four(24) month period
for a substantially total loss)for reconstruction shall be enlarged by delays caused without
fault or neglect on the part of the Lessee,by act of God,strikes,lockouts,or other conditions
(other than matters of refinancing the property) beyond the Lessee's control.
Notwithstanding the foregoing,and only with respect to insurance proceeds,the provisions
of any leasehold mortgage substantially comporting with customary institutional lending
industry standards and the foregoing Lessor's interests shall control as to the use and
disbursement of insurance funds for reconstruction of the improvements in the event of any
casualty or damage to such improvements.
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2
Notwithstanding anything to the contrary in the immediately preceding paragraph,
in case of destruction of all of the improvements on the Demised Premises from any cause
so as to make the Workforce Housing Unit untenantable occurring during the last ten(10) 0
years of the Term of this Lease,Lessee,if not then in default under this Lease and if there is
no encumbrance on the Lessee's interest in the Demised Premises, may elect to terminate
this Lease by written notice to Lessor within thirty (30) days after the occurrence of the
destruction.In the event of termination,there shall be no obligation on the part of Lessee to
restore or repair the improvements on the Demised Premises,nor any right of the Lessee to
receive any proceeds collected under any insurance policies covering the improvements.If
Lessee elects not to terminate this Lease in the event of destruction during the last ten(10)
years of this Lease,the proceeds of all insurance covering the improvements shall be made
available to Lessee for repairs, and Lessee shall be obligated to repair as set forth above.
Section 10.02 Commercial General Liability Insurance. The Initial Lessee shall
maintain Commercial General Liability Insurance beginning on the Effective Date and
continuing during the entire Term of this Lease with minimum limits of$1,000,00o per
occurrence. The Commercial General Liability Insurance shall cover those sources of
liability which would be covered by the latest edition of the standard Commercial General
Liability Coverage Form [ISO Form CG oo-oi] as filed for use in Florida without the
attachment of restrictive endorsements other than the elimination of medical payments and
fire damage legal liability.
General Aggregate $1,000,000
[For bodily injury, personal injury, and property damage]
Products/Completed Operations $1,000,000
[coverage for one (1)year after project completion]
Each Occurrence $1,000,000
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Contractual Liability $1,000,000
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Additional Named Insured: Lessor, or its assigns or designees, as from time to time
designated by written notice to Lessee,shall be included as an additional insured and shall
be named as a loss payee for Commercial General Liability.
Lessee, at Lessee's expense, shall maintain the insurance required by the Lease.
Section 10.08 Environmental Impairment Responsibility. The Lessee and/or its
contractors acknowledge that the performance of this Lease is, or may be, subject to
Federal, State and local laws and regulations enacted for the purpose of protecting,
preserving or restoring the environment.The Lessee shall, at the sole cost of the Lessee or
its contractors,be responsible for full compliance with any such laws or regulations.
Section 10.04 Other Insurance. Lessee shall maintain such other insurance and in
such amounts as may from time to time be reasonably required by the Lessor against other
insurable hazards which at the time are commonly insured against in the case of
construction of buildings and/or in the case of premises similarly situated,due regard being
or to be given to the location, construction, use and occupancy. In the event the Lessee
believes the Lessor's requirement for such additional insurance is unreasonable the
reasonableness of Lessor's request shall be determined by mediation according to the rules
of, at Lessor's election, the Sixteenth Judicial Circuit in Monroe County, Florida. Such
determination as to the requirement of coverage and the proper and reasonable limits for
such insurance then to be carried shall be binding on the parties and such insurance shall be
carried with the limits as thus determined until such limits shall again be changed pursuant 0
to the provisions of this Section.The expenses of such determination shall be borne equally c
by the parties.
Section 10.05 Damages; Insurance Proceeds; Joint Bank Account. Absent
circumstances reasonably excused under the conditions set forth in paragraph 14.03,in the
case of the Lessee not entering into the reconstruction or repair of the building or buildings
within a period of six (6) months from the date of payment of the loss, after damage or
destruction occasioned by fire,windstorm,flood or other cause,and diligently prosecuting
the same with such dispatch as may be necessary to complete the same in as short a period
of time as is reasonable under the circumstances after the occurrence of such damage or
destruction, then the amount so collected, or the balance thereof remaining in the joint
account, as the case maybe, shall be paid to the Lessor and it will be at the Lessor's option
to terminate the Lease, unless terminated by Lessee within the last ten (10) years of the
Lease as set forth above, and retain such amount as liquidated and agreed upon damages
resulting from the failure of the Lessee to promptly, within the time specified, complete
such work of reconstruction and repair.
Section 10.06 Proceeds Payable to Mortgagee. If any mortgagee holding a lawful
mortgage lawfully created pursuant to the provisions of Article XV elects, in accordance
with the terms of such mortgage,to require that the proceeds of any casualty insurance be
held by and paid out by the mortgagee,then such payment maybe made,but in such event,
it shall still be obligatory upon the Lessee to create the complete fund with the leasehold
mortgagee in the manner set forth in this Article to assure complete payment for the work
of reconstruction and repair.Any mortgagee holding insurance proceeds shall require that
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such proceeds are properly used to ensure repairs,but any mortgagee shall not be liable for
misuse of funds by Sublessee or Lessee.
Ca
Section 10.07 Damages; Insurance Proceeds, Joint Bank Account. Any excess of
money received from insurance remaining in the joint bank account after the reconstruction
or repair of such building or buildings, if the Lessee is not in default, shall be paid to the
Lessee.Absent circumstances reasonably excused under the conditions set forth in Section
14.03,in the case of the Lessee not entering into the reconstruction or repair of the building
or buildings within a period of six (6) months from the date of payment of the loss, after
damage or destruction occasioned by fire, windstorm, flood or other cause, and diligently
prosecuting the same with such dispatch as may be necessary to complete the same in as
short a period of time as is reasonable under the circumstances after the occurrence of such
damage or destruction,then the amount so collected, or the balance thereof remaining in
the joint account,as the case maybe,shall be paid to the Lessor and it will be at the Lessor's
option to terminate the Lease,unless terminated by Lessee within the last ten(10)years of
the Lease as set forth above, and retain such amount as liquidated and agreed upon
damages resulting from the failure of the Lessee to promptly, within the time specified,
complete such work of reconstruction and repair.
Section 10.08 Direct Repayment. The foregoing notwithstanding, in the event the
insurance proceeds are the sum of one hundred thousand dollars ($100,000.00) or less,
then such proceeds shall be paid directly to the Lessee without the necessity of creating the
joint bank account, and Lessee shall use such funds to make the replacements or repairs.
Lessee shall provide proof satisfactory to Lessor that repairs are completed as required c
within fifteen(15)months from the date of such damage or destruction,unless said period
is enlarged by delays caused without fault or neglect on the part of the Lessee.
Section 10.og General Requirements.All insurance to be provided by Lessee under
this Lease shall be effected under valid and enforceable policies in such forms, issued by
insurers of recognized financial responsibility qualified to do business in Florida which have
been approved by Lessor.All policies of insurance provided for in this Article shall,to the
extent obtainable,contain clauses or endorsements to the effect that(i)no act or negligence
of Lessee or anyone acting for Lessee or for any Sublessee or occupant of the Demised
Premises which might otherwise result in a forfeiture of such insurance or any part thereof
shall in any way affect the validity or enforceability of such insurance insofar as Lessor,and
that (ii) such policy of insurance shall not be changed or cancelled without at least thirty
(30) days written notice to the Lessor, and that (iii) the Lessor shall not be liable for any
premiums thereon or subject to any assessments thereunder.
Section 10.10 Subsequent Lessees, Assignees, Sublessees and Grantees.
Notwithstanding anything contained herein to the contrary, if applicable, in the event an
authorized Association chooses not to obtain insurance coverage to protect against loss or
damage by fire, flood and windstorm for the individual Workforce Housing Units and
therefore does not charge the Sublessees for said coverage as part of the Association fees to
be paid by the individual Unit Owners (if this project is expressly authorized as a home-
ownership project); then, in such event Sublessees shall secure the above-described
insurance coverage for their individual Workforce Housing Units.Therefore,Lessor shall be
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D.3.c
entitled to require replacement cost and other customary and reasonable insurance
coverage(s) at least but only to the full replacement value of any Sublessees' and/or any
governing Association's insurable interest in the Demised Premises. Any parties who
subsequently become holders of any title or possessory interest to a portion of the Demised
Premises, shall upon request provide, in a form satisfactory to Lessor, proof of customary
and reasonable insurance adequate and sufficient to cover and protect all interests of the
Lessor as set forth in this Article X, at least to the extent and value of that subsequent
interest holder's insurable interest. The same or similar procedures for the use and
application of insurance proceeds as set forth above may be required for subsequent
interest holders and the same remedies available to Lessor for Initial Lessee's failure to
comply with such insurance requirements shall be available to Lessor with respect to any
future interest holders. Future interest holders(including all Sublessees)shall name Lessor
as an additional insured and as a loss payee on any required insurance policies.
Section 1o.i1 Additional Insured and Loss Payee. Lessor shall be named as an
additional insured and as a loss payee on all policies issued to satisfy the above
requirements of Article X.
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ARTICLE XI
Insurance Premiums
2
Section 11.o1 Insurance Premiums. The Lessee shall pay premiums for all of the 0
insurance policies which the Lessee is obligated to carry under the terms of this Lease. In
the event Lessee fails to obtain and pay for the necessary insurance, Lessor shall have the
right,but not the obligation,without notice to Lessee,to procure such insurance and/or pay
the premiums of such insurance,in which case Lessee shall repay Lessor immediately upon
demand by Lessor as additional Rent.The Lessor shall have the same rights and remedies
with respect to procurement of such insurance and/or payment of such insurance
premiums in the event a future subsequent partial interest holder (e.g., Sublessee,
Association (if applicable)) fails to obtain and pay for the necessary insurance.
2
ARTICLE XII
Assignment/Transfer
Section 12.o1 Assignment by Initial Lessee. Without the written consent of Lessor,
Initial Lessee shall not assign or sublet any portion of the Demised Premises, or change
management of the Demised Premises, except as otherwise expressly provided herein. y
Notwithstanding the foregoing, Lessor acknowledges and agrees that the affordable
Workforce Housing Unit(s) is/are to be developed as a unit(s) for workforce housing.
Any Lessor-authorized assignment or sublet, must contain the provisions for the
Workforce Housing Restriction(s), as set forth in this Lease.
Section 12.02 Initial Lessee/ Initial Affordable Workforce Housing Rental. Initial E
Lessee shall be authorized to rent the Workforce Housing Unit to individuals qualified to
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rent the Workforce Housing Unit and subject to all other CDBG-DR program requirements.
Notwithstanding anything contained herein to the contrary,all Sublessees and occupants of
such Workforce Housing Unit(s)shall meet the requirements under the Workforce Housing
Restriction(s)and all other CDBG-DR program requirements,adjusted for family size,and
any other applicable workforce housing restrictions. Initial Lessee shall upon Lessor's
request provide verification in the same form and manner as required by the FHFC on an
annual basis that sublessees and tenants for the Workforce Housing Unit meet and satisfy
the requirements herein.
Section 12.0-1 Assignment/Transfer by Lessee.At such time as any Lessee desires to
sell or otherwise transfer their interests in the Workforce Housing Unit, and(if applicable)
where Lessor, subsequent to the effective date of this Lease, expressly and in writing
consents to the assignment, rental, rental use, rental occupancy, or subletting of the
Workforce Housing Unit(s) or interests, such Lessee shall be required to follow the
procedures set forth herein and any procedure that may be set forth in the Workforce
Housing Restriction(s), and any conveyance, transfer or other disposition and the
acceptance of such transfers shall be automatically deemed an agreement to the conditions
set forth herein.
Section 12.04 Required Notice of Restrictions.Any conveyance,lease, assignment,
grant or other disposition of any interest made with respect to any portion of the Demised
Premises,including but not limited to any recorded governing documents,shall contain the
following required Notice of Restrictions in a conspicuous location on the upper one-half of
the first page of the relevant instrument effectuating the interest in bold capital typed c
letters greater than or equal to 14-point font:
NOTICE OF RESTRICTIONS
ANY INSTRUMENT OF CONVEYANCE, LEASE,ASSIGNMENT, GRANT
OR OTHER DISPOSITION OF ANY INTEREST IN OR TO ANY PORTION OF
THE DEMISED PREMISES OR TO ANY IMPROVEMENTS ERECTED
THEREON WILL BE SUBJECT TO CERTAIN RESTRICTIONS INCLUDING BUT
NOT LIMITED TO RIGHTS OF FIRST REFUSAL,USE,OCCUPANCY,INCOME,
MEANS, RESALE PRICE, RENTAL AND MORTGAGE LIMITATIONS,
INCLUDING BUT NOT LIMITED TO THOSE SET FORTH IN OFFICIAL
RECORDS BOOK PAGE _ OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA.
The book and page numbers of the first recorded page of this Lease and the first
recorded page of any other recorded documents affecting the respective portion of the
Demised Premises shall be set forth in the Notice of Restrictions. Any instrument of
conveyance, lease, assignment or other disposition made without following the notice
procedures set forth herein shall be void and confer no rights upon any third-person,
though such instruments may in some cases be validated by fully correcting them according
to procedures established by Lessor, as determined in Lessor's sole discretion, so as to
ensure compliance with the public affordability purposes furthered by this Lease and the
Workforce Housing Restriction(s).
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Any rental agreement shall contain the following warning prominently set forth in
writing:
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT
0
UPON SURRENDER OR ABANDONMENT,AS DEFINED BY CHAPTER 83
FLORIDA STATUTES, THE LESSOR SHALL NOT BE LIABLE OR
RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE LESSEE'S
PERSONAL PROPERTY.
Section 12.05 Obtaining Qualified Tenants. If Lessee cannot find a suitable sub-
lessee or qualified tenant for the Workforce Housing Unit(s),Lessee shall notify Lessor who c
may provide Lessee with a qualified person.
0
Section 12.06 Assignment by Lessor. This Lease shall be freely assignable by the
Lessor, and upon such assignment, the Lessor's liability shall cease and Lessor shall be
released from any further liability. In the event the ownership of the land comprising the
Leased Premises is conveyed or transferred(whether voluntarily or involuntarily)by Lessor
to any other person or entity, this Lease shall not cease, but shall remain binding and
unaffected.
ARTICLE XIII
2
Condemnation 0
0
Section 1i.01 Eminent Domain; Cancellation.If,at anytime during the continuance
of this Lease, the Demised Premises or any portion thereof is taken, appropriated or
condemned by reason of eminent domain,there shall be such division of the proceeds and
awards in such condemnation proceedings and such abatement of the Rent and other
adjustments made as shall be just and equitable under the circumstances.If the Lessor and
the Lessee are unable to agree upon what division, annual abatement of Rent or other
adjustments as are just and equitable, within thirty (30) days after such award has been
made, then the matters in dispute shall be determined in accordance with mediation
according to the rules of the 16th Judicial Circuit in Monroe County. Such determination
made by the mediation shall be binding on the parties. If the legal title to the entire
Demised Premises be wholly taken by condemnation, the Lease shall be cancelled.
Section 13.02 Apportionment.Although the title to the building and improvements
placed by the Lessee upon the Demised Premises will on the Termination Date remain with
and/or pass to the Lessor,nevertheless,for purpose of condemnation,the deprivation of the
Lessee's use (and any use of a Sublessee) of such buildings and improvements shall,
together with the Term of the Lease remaining,be an item of damage in determining the
portion of the condemnation award to which the Lessee is entitled. In general, it is the
intent of this Section that, upon condemnation, the parties hereto shall share in their
awards to the extent that their interests, respectively, are depreciated, damaged, or
destroyed by the exercise of the right of eminent domain. In this connection, if the
condemnation is total,the parties agree that the condemnation award shall be allocated so
that the then value of the property, as though it were unimproved property, shall be
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allocated to the Lessor, and the then value of the building or buildings thereon shall be ,
allocated between the Lessor and Lessee after giving due consideration to the number of
years remaining in the Term of this Lease and the condition of the buildings at the time of
condemnation.
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ARTICLE XIV
0
Construction
Section 14.o1 Requirement to Construct Project.
0
(a) Lessee shall commence construction of the Workforce Housing Units on the
commencement date of this lease.All improvements depicted on the attached
Exhibits shall be completed. All improvements shall be made with the
required and appropriate building permits and to the standards of the Florida
Building Code. The foregoing limitation of time for the commencement or
completion of the Project may be extended by written agreement between the
parties hereto.Lessee is responsible for all environmental remediation on the
Property and in the building(s)situated thereon using appropriately licensed
contractors,whether disclosed in the environmental site assessment,if any,
prepared for the Property,or not disclosed,whether known or unknown,now
or in the future.Lessee specifically agrees that the indemnification provisions
of this lease extend to and apply to this provision.
0
bb) During the course of construction of the subject project,Lessee shall provide
to the Lessor written status reports on said project upon request by the
Lessor.The Lessor and Lessee,and the Lessee's agents and contractors,shall
allow and permit reasonable access to, and inspection of, all documents,
papers, letters, or other materials in their possession or under their control
where such records are subject to public disclosure under the provisions of
Chapter 119, Florida Statutes, or successor or supplemental statutes.
Lessee(s) (but not individual sub-lessees) shall maintain all records directly
pertinent to performance under this lease in accordance with Chapter 119,
F.S., and in accordance with generally accepted accounting principles
consistently applied. The County Clerk, State Auditor, or a designee of said
officials
(c) The County Clerk, State Auditor, or a designee of said officials or of the
Lessor, shall, during the term of this Agreement and for a period of five (5)
years from the date of termination of this Agreement,have access to and the
right to examine and audit any Records of the Lessee involving transactions
related to this Agreement.
The Project shall be constructed in accordance with the requirements of all
laws, ordinances, codes, orders, rules and regulations of all governmental
entities having jurisdiction over the Project.
e) The Lessee shall apply for and prosecute, with reasonable diligence, all
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necessary approvals, permits and licenses required by applicable
governmental authorities for the construction,development,zoning,use and
occupation of the subject project.Nothing in this lease is intended to or shall
be construed to obviate or lessen any requirements for customary
development approvals from any permitting authority,including the Lessor's.
Nothing in this lease shall be construed as Lessor's delegation or abdication of
its zoning or comprehensive planning authority or powers and no zoning or
comprehensive planning approval that Lessee may require to complete its
performance under this lease has been or shall be deemed agreed to,
promised for, or contracted for, under this lease.
0
(f) Construction of the Project on the Demised Premises prior to and during the
Term of this Lease shall be performed in a good and workmanlike manner,
pursuant to written contracts with licensed contractors and in accordance
with any and all requirements of local ordinances and with all rules,
regulations and requirements of all departments, boards, officials and
authorities having jurisdiction thereof. It is understood and agreed that the
plans and specifications for all construction shall be prepared by duly
qualified architects/engineers licensed in the State of Florida.
(g� At all times and for all purposes hereunder, the Lessee is an independent
contractor/lessee and is not an employee of Lessor or any of Lessor's agencies
or departments. No statement in this lease shall be construed to find the 0
Lessee or any of its employees, contractors, servants, or agents to be
employees of the Lessor, and they shall be entitled to none of the rights,
privileges or benefits of County employees. No covenant or agreement
contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent, or employee of the County or of the Lessee in his or
her individual capacity, and no member, officer, agent, or employee of the
County or of the Lessee shall be liable personally in any way in connection
with, arising out of, or related to this lease or be subject to any personal
liability or accountability by reason of this lease's execution.
Initial Lessee agrees that it will not discriminate against any employees,
applicants for employment, prospective Sublessees or other prospective
future subinterest holders or against persons for any other benefit or service
under this Lease because of their race, color,religion,sex,sexual orientation,
national origin, or physical or mental handicap where the handicap does not
affect the ability of an individual to perform in a position of employment,and
to abide by all federal and state laws regarding non-discrimination.
Lessee shall be entitled during the full term of this Lease to make alterations
to the Demised Premises in accordance with the requirements set forth in the
eight sub-paragraphs immediately above(i.e.,sub-paragraphs(a)through(i),
inclusive).
14.02 Access to the Project and Inspection.The Lessor or its duly appointed agents
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shall have the right,at all reasonable times upon the furnishing of reasonable notice under
the circumstances (except in an emergency, when no notice shall be necessary), to enter
upon the common area of the Leased Premises to examine and inspect said area to the
extent that such access and inspection are reasonably justified to protect and further the
Lessor's continuing interest in the Demised Premises,as determined in Lessor's reasonable
discretion. Lessor's designees,for purposes of this Article and Section 14.02, shall include
city, county or State code or building inspectors, and the like, without limitation. Initial
Lessee shall permit building and code inspectors' access customary to the performance of
their duties related to projects of the nature contemplated herein,said notice requirements
notwithstanding.
0
14.o3 Forced Delay in Performance. Notwithstanding any other provisions of this
Lease to the contrary, the Initial Lessee shall not be deemed to be in default under this
Lease where delay in the construction or performance of the obligations imposed by this
Lease are caused by war,revolution,labor strikes,lockouts,riots,floods,earthquakes,fires,
casualties, acts of God, labor disputes, governmental restrictions, embargoes, litigation
(excluding litigation between the Lessor and the Initial Lessee), tornadoes, hurricanes,
tropical storms or other severe weather events, or inability to obtain or secure necessary
labor, materials or tools, delays of any contractor, subcontractor, or supplier, or
unreasonable acts or failures to act by the Lessor, or any other causes beyond the
reasonable control of the Initial Lessee, except financing delays or delays caused by
economic conditions.The time of performance hereunder shall be extended for the period
of any forced delay or delays caused or resulting from any of the foregoing causes. 0
0
14.04 Easements. Lessee shall be authorized to grant reasonable and necessary
easements for access and utilities customary for similar land uses and construction projects
in Monroe County subject to Lessor's attorney's review and approval for substance and
form of easement instruments.Notwithstanding the foregoing,Lessor shall not be obligated
to execute any contracts or easements for utilities.
ARTICLE XV
2
Mortgage Financing
Section 15.o1 Financing By Initial Lessee. Initial Lessee shall have the right to
mortgage its interests in the Demised Premises. E
(a) The Lessee shall have the right to encumber by mortgage or other
proper instrument Lessee's interest under this Lease,such as buildings and improvements
placed by Lessee on the Demised Premises, a Federal or State Savings&Loan Association,
Bank or Trust Company,Insurance Company,Pension Fund or Trust(or to another private
lender so long as the terms and conditions of the financing from private lender are on
substantially similar terms to those then existing by the other lenders referred to in this
Section),or to similar lending institutions authorized to make leasehold mortgage loans in
the State of Florida, or to any public or quasi-public lender.
(b) Until the time any leasehold mortgage(s) shall be satisfied of record, E
when giving notice to the Lessee with respect to any default under the provisions of this
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Lease, the Lessor shall also serve a copy of such notice upon the Lessee's leasehold
mortgagee(s) at addresses for notice set forth in the mortgage instrument(s) (including
assignments thereof) as recorded in the Official Records of Monroe County, Florida. No
such notice to the Lessee shall be deemed to have been given unless a copy of such notice
has been mailed to such leasehold mortgagee(s), which notice must specify the nature of
each such default. Lessee shall provide Lessor with written notice of the book and page
number of the Official Records of Monroe County, Florida for each mortgage by which it
encumbers the Demised Premises, including modifications and assignments thereof.
(c) In case the Initial Lessee shall default under any of the provisions of
this Lease, the Initial Lessee's leasehold mortgagee(s) shall have the right to cure such
default whether the same consists of the failure to pay Rent or the failure to perform any
other matter or thing which the Initial Lessee is required to do or perform and the Lessor
shall accept such performance on the part of the leasehold mortgagee(s)as though the same
had been done or performed by the Initial Lessee. The leasehold mortgagee(s), upon the
date of mailing by Lessor of the notice referred to in subparagraph(b)of this Section 15.01
shall have,in addition to any period of grace extended to the Initial Lessee under the terms
and conditions of this Lease for a non-monetary default, a period of sixty(60) days within
which to cure any non-monetary default or cause the same to be cured or to commence to
cure such default with diligence and continuity;provided,however,that as to any default of
the Initial Lessee for failure to pay Rent, or failure to pay any amount otherwise required
under the terms of this Lease(e.g.,including,but not limited to,taxes or assessments),the
leasehold mortgagee(s) shall have thirty(30) days from the date the notice of default was
mailed to the mortgagee(s) within which to cure such default. c
(d) In the event of the termination of this Lease with Initial Lessee for
defaults described in this Article XV, or of any succeeding Lease made pursuant to the
provisions of this Section 15.o1(d)prior to the cure provisions set forth in Section 15.01(c)
above, the Lessor will enter into a new Lease of the Demised Premises with the Initial
Lessee's leasehold mortgagee(s), or, at the request of such leasehold mortgagee(s), to a
corporation or other legal entity formed by or on behalf of such leasehold mortgagee(s) or
by or on behalf of the holder of the note secured by the leasehold mortgage, for the
remainder of the term, effective on the date of such termination, at the Rent and upon the
covenants,agreements,terms,provisions and limitations contained in this Lease,provided
that such leasehold mortgagee(s) make written request and execute, acknowledge and
deliver to the Lessor such new Lease within thirty (30) days from the date of such
termination and such written request and such new Lease is accompanied by payment to
the Lessor of all amounts then due to the Lessor, including reasonable counsel fees, court
costs and disbursements incurred by the Lessor in connection with any such default and
termination as well as in connection with the execution, delivery and recordation of such
new Lease,less the net income collected by the Lessor subsequent to the date of termination
of this Lease and prior to the execution and delivery of the new Lease, and any excess of
such net income over the aforesaid sums and expenses to be applied in payment of the Rent
thereafter becoming due under such new Lease.
Any new Lease referred to in this Section 15.o1(d) shall not require any
execution, acknowledgement or delivery by the Lessor in order to become effective as
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against the Lessee(or any Sublessees)and the Lessee(and any Sublessees)shall be deemed
to have executed, acknowledged and delivered any such new Lease immediately upon
receipt by the Lessor; and such new Lease shall be accompanied by 1 payment to the
Lessor of all amounts then due to the Lessor of which the leasehold mortgagee(s) shall
theretofore have received written notice; and ii an agreement by the leasehold
mortgagee(s) to pay all other amounts then due to the Lessor of which the leasehold
mortgagee(s) shall not theretofore have received written notice. In addition, immediately
upon receipt by the Lessor such new Lease,as provided in this Section 15.o1(d),the Lessor,
where appropriate to the circumstances, shall be deemed to have executed, acknowledged
and delivered to the leasehold mortgagee(s) an assignment of all Subleases covering the
Demised Premises which theretofore may have been assigned and transferred to the Lessor c
and all Subleases under which Sublessees shall be required to attorn to the Lessor pursuant
to the terms and conditions of such Subleases or this Lease. Such assignment by the Lessor
shall be deemed to be without recourse as against the Lessor.Within ten (1o) days after a
written request therefore by the leasehold mortgagee(s), such assignment or assignments
shall be reduced to a writing in recordable form and executed,acknowledged and delivered
by the Lessor to the leasehold mortgagee(s).
0
(e) The Lessee's leasehold mortgagee(s)may become the legal owner and
holder of this Lease by foreclosure of its (their)mortgage(s)or as a result of the assignment
of this lease in lieu of foreclosure,which shall not require Lessor's consent,whereupon such
leasehold mortgagee(s) shall immediately become and remain liable under this Lease as
provided in Section 15.o1(f)below. 0
0
(f) In the event that a leasehold mortgagee(s) shall become the owner or
holder of the Lessee's interest by foreclosure of its (their)mortgage(s) or by assignment of
this lease in lieu of foreclosure or otherwise, all terms used herein to refer to the Lessee in
this lease, means only the owner or holder of this signatory Lessee's interest for the time
period that such leasehold mortgagee(s)is(are)the owner or holder of the Lessee's interest.
Accordingly, in the event of a sale, assignment, or other disposition of the Initial Lessee's
interest in this Lease by the leasehold mortgagee(s),where leasehold mortgagee(s)took title
or ownership of or to any or all of the Initial Lessee's interest in the Lease and/or any
portion of the Demised Premises as a result of foreclosure or acceptance of an assignment in
lieu thereof, it shall be deemed and construed, without further agreement between the
Lessor and the mortgagee(s),or between the Lessor,the mortgagee(s)and the mortgagees'
purchaser(s) or assignee(s) at any such sale or upon assignment of Initial Lessee's interest
by the leasehold mortgagee(s), that the mortgagee(s), purchaser(s), or assignee(s) of the
Initial Lessee's interest has/have assumed and agreed to carry out any and all covenants
and obligations of Initial Lessee contemplated herein.In no event shall anything under this
Lease be construed to permit eventual use of the Demised Premises for purposes
inconsistent with this Lease or the Workforce Housing Restriction(s).
(g) Reference in this Lease to the Initial Lessee's leasehold mortgagee(s)
shall be deemed to refer where circumstances require to the leasehold mortgagee(s)'s
assignee(s);provided that such assignee(s)shall record proper assignment instruments in
the Official Records of Monroe County, Florida, together with written notice setting forth
the name and address of the assignee(s).
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(h) Reference in this Lease to acquisition of the Initial Lessee's interests in
this Lease by the leasehold mortgagee(s) shall be deemed to refer, where circumstances
require,to acquisition of the Initial Lessee's interest in this Lease by any purchaser at a sale
of foreclosure by the leasehold mortgagee(s) and provisions applicable to the leasehold
mortgagee(s)in such instance or instances shall also be applicable to any such purchaser(s).
(i) So long as the Lessee's interest in this Lease shall be mortgaged to a
leasehold mortgagee(s),the parties agree that they shall not surrender or accept a surrender
of this Lease or any part of it, nor shall they cancel, abridge or otherwise modify this Lease
or accept material prepayments of installments of Rent to become due without the prior
written consent of such mortgagee(s) in each instance. c
0) So long as the Initial Lessee's interest in this Lease shall be mortgaged
to a leasehold mortgagee(s),the parties agree that the Lessor shall not sell,grant or convey
to the Initial Lessee all or any portion of the Lessor's fee simple title to the Demised
Premises without the prior written consent of such leasehold mortgagee(s). In the event of
any such sale, grant or conveyance by the Lessor to the Initial Lessee, the Lessor and the
Lessee agree that no such sale,grant or conveyance shall create a merger of this Lease into a
fee simple title to the Demised Premises. This subparagraph 0) shall not be construed to
prevent a sale, grant or conveyance of the Lessor's fee simple title by the Lessor to any
person, firm or corporation other than the Initial Lessee, its successors, legal
representatives and assigns, so long as this Lease is not terminated.
(k) If applicable, in conjunction and contemporaneously with the sale or c
transfer of each Workforce Housing Unit,leasehold mortgagee(s)shall make arrangement
to ensure the release of any and all applicable portions of its (their) mortgage(s) on the
entire Demised Premises so as to grant clear title to the Sublessee.The details and release
payment requirements shall remain within the reasonable business discretion of the Initial
Lessee and the leasehold mortgagee(s).
(1) Lessor shall be entitled, in the event of any of the foregoing
circumstances or events set forth in this Paragraph 15.01, to elect to deal primarily or
exclusively with a mortgagee whose position is primary or in first order of priority with
respect to foreclosable interests or rights according to the laws of the State of Florida or as
contractually agreed by and among multiple mortgagees, where there are such.
ARTICLE XVI
Default
Section 16.ol Notice of Default. Lessee shall not be deemed to be in default under
this Lease in the payment of Rent or the payment of any other monies as herein required
unless Lessor shall first give to Lessee and any mortgagees ten (1o) days written notice of
such default and Lessee or any other party on its behalf fails to cure such default within ten
(1o) days of verifiable receipt of said notice.
Except as to the provisions or events referred to in the preceding paragraph of this
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Section,Lessee and Mortgagees shall not be deemed to be in default under this Lease unless ,
Lessor shall first give to Lessee and Mortgagees thirty (3o) days written notice of such
default, and Lessee fails to cure such default within the immediate thirty(3o) day period
thereafter, or, if the default is of such a nature that it cannot be cured within thirty (30)
days, Lessee fails to commence to cure such default within such period of thirty(3o)days or
fails thereafter to proceed to the curing of such default with all possible diligence.
Mortgagees shall be entitled to cure Lessee defaults on the same terms and conditions as
the Lessee.
Regardless of the notice and cure periods provided herein, in the event that more
rapid action is required to preserve any right or interest of the Lessor in the Demised c
Premises due to any detrimental event or occurrence(such as,but not limited to,payment
of insurance premiums, actions to prevent construction or judgment lien foreclosures or tax
sales),then the Lessor is empowered to take such action and to request reimbursement or
restoration from the Lessee as appropriate.
0
Lessee shall comply with all terms and conditions set forth in the Lease. Lessee
hereby acknowledges that a default of the lease shall be considered a default hereunder.
Lessee hereby indemnifies and holds Lessor harmless in regard to any of the fees, costs,
expenses,payments and liabilities related to this lease. In the event the lease is terminated
due to Lessee's failure to comply with the terms of the lease, Lessee shall indemnify and
hold Lessor harmless for any costs or expenses incurred by Lessor to obtain approval of a
new lease, or any damages resulting from termination of said lease.
0
Section 16.02 Default. In the event of any material breach of this Lease by Lessee,
and after the necessary notice and cure opportunity provided to Initial Lessee and other
parties, Lessor shall have the immediate right to terminate this Lease as permitted by
applicable law. In any action by Lessor asserting a violation of the Workforce Housing
Restriction(s), Lessee shall have the burden of proof with respect to each such matter.
Termination of the Lease, under such circumstances, shall constitute effective, full and
immediate conveyance and assignment to Lessor of all of the Demised Premises,
improvements and materials and redevelopment rights to and associated with the Demised
Premises and the Project. Furthermore,in the event of any breach of this Lease by Lessee,
Lessor, in addition to the other rights or remedies it may have, shall have the immediate
right of re-entry (as may be lawfully conditioned per application of Chapter 83, Florida
Statutes,as amended)and may remove all persons and personal property from the affected
portions of the Demised Premises. Such property may be removed and stored in a public
warehouse or elsewhere at the cost of and for the account of Lessee, or where statutory
abandonment or unclaimed property law permits,disposed of in any reasonable manner by
Lessor without liability or any accounting therefore.
Included in this right of reentry, and subject to Initial Lessee's rights,if any,shall be
any instance wherein a Sublessee renounces the Lease or a Sublease or abandons all or any
portion of the Demised Premises,in which case Lessor may,at its option,in an appropriate
case and subject to any rights of a mortgage holder, obtain possession of the abandoned
property in any manner allowed or provided by law, and may, at its option, re-let the
repossessed property for the whole or any part of the then unexpired term, receive and
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collect all Rent payable by virtue of such reletting, and hold Sublessee liable for any
difference between the Rent that would have been payable under this Lease and the net
Ca
Rent for such period realized by Lessor,by means of such reletting. However, such Lessor
rights shall not abrogate a mortgagee's rights to the extent those rights do not conflict with
or injure Lessor's interests as established under this Lease. Personal property left on the
premises by a Sublessee may be stored, sold, or disposed of by Lessor, and Lessor accepts
no responsibility other than that imposed by law.
Should Lessor elect to re-enter,as herein provided,or should Lessor take possession
pursuant to legal proceedings or pursuant to any notice provided for by law, Lessor may
either terminate this Lease or it may from time to time,without terminating this Lease,re- c
let the Demised Premises or any part thereof for such term or terms (which may be for a
term extending beyond the Term of this Lease)and at such Rent or Rents and on such other
terms and conditions as Lessor in its sole reasonable discretion may deem advisable with
the right to make alterations and repairs to the Demised Premises. On each such re-letting
Lessee shall be immediately liable to pay toLessor, in addition to any indebtedness other
than Rent due under this Lease,the expenses of such re-letting and of such alterations and
repairs,incurred by Lessor,and the amount,if any,by which the Rent reserved in this Lease
for the period of such re-letting (up to but not beyond the term of this Lease) exceeds the
amount agreed to be paid as Rent for the Demised Premises for such period of such
re-letting.
2
Notwithstanding any such re-letting without termination, Lessor may at any time 0
thereafter elect to terminate this Lease for such previous breach. Should Lessor at anytime
terminate this Lease for any breach, in addition to any other remedy it may have, Lessor
may recover from Lessee all damages incurred by reason of such breach,including the cost
of recovering the Demised Premises,which amounts shall be immediately due and payable
from Lessee to Lessor.
Section 16.03 Lessor's Right to Perform. In the event that Lessee, by failing or
neglecting to do or perform any act or thing herein provided by it to be done or performed,
shall be in default under this Lease and such failure shall continue for a period of thirty(30)
days after receipt of written notice from Lessor specifying the nature of the act or thing to
be done or performed,then Lessor may,but shall not be required to,do or perform or cause
to be done or performed such act or thing (entering on the Demised Premises for such
purposes,with notice,if Lessor shall so elect),and Lessor shall not be or be held liable or in
any way responsible for any loss, inconvenience or annoyance resulting to Lessee on
account thereof, and Lessee shall repay to Lessor on demand the entire expense thereof,
including compensation to the agents and employees of Lessor. Any act or thing done by
Lessor pursuant to the provisions of this section shall not be construed as a waiver of any
such default by Lessee, or as a waiver of any covenant,term or condition herein contained
or the performance thereof, or of any other right or remedy of Lessor, hereunder or
otherwise. All amounts payable by Lessee to Lessor under any of the provisions of this
Lease, if not paid when the amounts become due as provided in this Lease, shall bear
interest from the date they become due until paid at the highest rate allowed by law.Lessor
shall have the same rights set forth in this Section with respect to any future subinterest
holder's respective portion of the Demised Premises.
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Section 16.04 Default Period.All default and grace periods shall be deemed to run
concurrently and not consecutively.
Section 16.o5.Workforce Housing Restrictions.In the,event the Lessee or sublessee
fails to comply with the Workforce Housing Restriction(s)at any given time or any portion
of the Demised Premises is used for purposes other than Workforce Housing in accordance
with the Workforce Housing Restriction(s) by an interest holder of such portion, as they
pertain to their respective interests in or portions of the Demised Premises, such an
occurrence will be considered a material default by the offending party. Should the
foregoing type of use default occur with respect to only one or more subtenants'portion(s)
of the Demised Premises, then the default termination provisions provided for in this
subsection, shall apply only to those subtenant(s) and sublease(s) in default. In the
foregoing event,Lessor(or the Initial Lessee(or its assigns)in the event of and with respect
only to a default by a particular Sublessee) may terminate the subleases and tenancies
involved. Lessee hereby agrees that all occupants shall use the Leased Premises and
Improvements for Workforce Housing residential purposes only and any incidental
activities related to the residential use as well as any other uses that are permitted by
applicable zoning law and approved in writing by Lessor.
W
Section 16.o6. The Lessee, or its property management entity-agent(that has been
duly approved in writing by Lessor), shall do everything within its power to ensure that
there is no month of negative cash flow.
ARTICLE XVII
Repair Obligations
Section 17.o1 Repair Obligations. During the continuance of this Lease the Lessee,
and every Sublessee with respect to their leased portions of the Demised Premises, shall
keep in good state of repair any and all buildings, furnishings, fixtures, landscaping and
equipment which are brought or constructed or placed upon the Demised Premises,and the
Lessee shall not suffer or permit any material strip,waste or neglect of any building or other
property to be committed,except for that of normal wear and tear.The Lessee will(or shall
cause Sublessee to) repair, replace and renovate such property as often as it may be --
necessary in order to keep the buildings and other property which is the subject matter of
this Lease in first class repair and condition.Additionally, Lessor shall not be required to
furnish any services or facilities, including but not limited to heat, electricity, air
conditioning or water or to make any repairs to the premises or to the Workforce Housing
Unit.
ARTICLE XVIII
Additional Covenants of Lessee/Lessor
N
Section 18.o1 Legal Use. The Lessee covenants and agrees with the Lessor that the
Demised Premises will be used exclusively for the construction and operation of Workforce
Housing dwelling unit(s) and for no other purposes whatsoever without Lessor's written
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consent.
Ca
Section 18.02 Termination.Upon termination of this Lease,the Lessee will peaceably
and quietly deliver possession of the Demised Premises, unless the Lease is extended as
provided herein. Therefore, Lessee shall surrender the improvements together with the
leased premises. Ownership of some or all improvements shall thereupon revert to Lessor.
Section 18.0� Recovery of Litigation Expense. In the event of any suit, action or
proceeding,at law or in equity,by either of the parties hereto against the other,or any other
person having, claiming or possessing any alleged interest in the Demised Premises, by
reason of any matter or thing arising out of or relating to this Lease,including any eviction
proceeding, the prevailing party shall recover not only its legal costs, but reasonable
attorneys'fees including appellate,bankruptcy and post judgment collection proceedings
for the maintenance or defense of said action or suit, as the case may be. Any judgment
rendered in connection with any litigation arising out of this Lease shall bear interest at the
highest rate allowed by law. Lessor may recover reasonable legal and professional fees
attributable to administration, enforcement and preparation for litigation relating to this
Lease or to the Workforce Housing Restriction(s) from any person or persons from or to
whom a demand or enforcement request is made,regardless of actual initiation of an action
or proceeding.
Section 18.04 Condition of the Demised Premises. Lessee agrees to accept the
Demised Premises in its presently existing condition "as-is". It is understood and agreed 0
that the Lessee has determined that the Demised Premises are acceptable for its purposes
and hereby certifies same to Lessor.Lessee, at its sole cost and expense,shall bring or cause
to be brought to the Demised Premises adequate connections for water, electrical power,
telephone,stormwater and sewage and shall arrange with the appropriate utility companies
for furnishing such services with no obligation therefore on the part of Lessor. The Lessor
makes no express warranties and disclaims all implied warranties. Lessee accepts the
property in the condition in which it currently is without representation or warranty,
express or implied,in fact or bylaw,by the Lessor,and without recourse to the Lessor as to
the nature, condition or usability of the Demised Premises, or the uses to which the
Demised Premises maybe put. The Lessor shall not be responsible for any latent defect or
change of condition in the improvements and personalty,or of title,and the Rent hereunder
shall not be withheld or diminished on account of any defect in such title or property, any
change in the condition thereof,any damage occurring thereto,or the existence with respect
thereto of any violations of the laws or regulations of any governmental authority.
Section 18.0s Hazardous Materials. Lessee, its Sublessees and assignees shall not
permit the presence,handling,storage or transportation of hazardous or toxic materials or
medical waste ("hazardous waste") in or about the Demised Premises, except in strict
compliance with all laws, ordinances, rules, regulations, orders and guidelines of any
government agency having jurisdiction and the applicable board of insurance underwriters.
In no event shall hazardous waste be disposed of in or about the Demised Premises. For
purposes herein, the term hazardous materials or substances shall mean any hazardous,
toxic or radioactive substance material, matter or waste which is or becomes regulated by
any federal, state or local law, ordinance, order, rule, regulation, code or any other
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governmental restriction or requirement and shall include petroleum products and asbestos
as well as improper or excessive storage or use of common household cleaning and
landscaping chemicals, pesticides, batteries and the like, and those materials defined as
hazardous substance or hazardous waste in the Comprehensive Environmental Response
Compensation and Liability Act and/or the Resource Conservation and Recovery Act.
Lessee shall notify Lessor immediately of any known discharge or discovery of any
hazardous waste at, upon, under or within the Demised Premises. Lessee shall, at its sole
cost and expense, comply with all remedial measures required by any governmental agency
having jurisdiction, unless such discharge is caused by Lessor or any of its agents or
employees. c
Lessee hereby acknowledges that Lessor shall not be liable for any hazardous waste
that may be located on the Demised Premises at the time of execution of this Lease.
Furthermore, Lessee hereby indemnifies and holds Lessor harmless for any and all claims,
liabilities, damages, costs and expenses related to the presence of hazardous waste after
execution of this Lease.
0
Section 18.06 Recordation.Lessee,or Lessor at Lessee's cost,within five(5)business
days after execution of this Lease, shall record a complete, true and correct copy of the
Lease and any addenda or exhibits thereto in the Official Records of Monroe County,
Florida and shall provide Lessor with the written Clerk's receipt of the book and page
number where recorded and the original Lease and Related Agreement(s)after recordation.
0
ARTICLE XIX
Representations, Warranties of Title and Quiet Epjoyment
and No Unlawful or Immoral Purpose or Use
Section 19.01 Representations, Warranties of Title and Quiet Enjoyment. Lessee
hereby acknowledges that Lessor is merely acting as a conduit to complete this transaction;
therefore Lessor does not make any representations or warranties with respect to the
ownership, operation or environmental condition of the Demised Premises or any part
thereof. The Lessor and Lessee covenant and agree that so long as the Lessee keeps and
performs all of the covenants and conditions required by the Lessee to be kept and
performed, the Lessee shall have quiet and undisturbed and continued possession of the
Demised Premises from claims by Lessor.
Section 19.02 No Unlawful or Immoral Purpose or Use.The Lessee, as long as it has
any interest in or to any portion of the Demised Premises, shall not occupy or use such
portion for any unlawful or immoral purpose and will, at Lessee's sole cost and expense
during such period of interest,conform to and obey any present or future ordinance and/or
rules, regulations, requirements and orders of governmental authorities or agencies
respecting the use and occupation of the Demised Premises.
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ARTICLE XX
Miscellaneous
Section 20.01 Covenants Running with Land. All covenants, promises, conditions
and obligations contained herein or implied by law are covenants running with the land
and, except as otherwise provided herein, shall attach and bind and inure to the benefit of
the Lessor and Lessee and their respective heirs, legal representatives, successors and
assigns, though this provision shall in no way alter the restrictions on assignment and
subletting applicable to Lessee hereunder. The parties agree that all covenants, promises,
conditions, terms, restrictions and obligations arising from or under this Lease and the
Workforce Housing Restriction(s)benefit and enhance the communities and neighborhoods
of Monroe County and the private and public lands thereof,and have been imposed in order
to assure these benefits and enhancements for the full Term of this Lease. It is intended, 0
where appropriate and to serve the public purposes to be furthered by this Lease,that its 0)
provisions be construed, interpreted, applied and enforced in the manner of what is
commonly referred to as a"deed restriction."
0
Section 20.02 No Waiver. Time is of the essence in the performance of the
obligations of the parties hereto.No waiver of a breach of any of the covenants in this Lease
shall be construed to be a waiver of any succeeding breach of the same covenant.
Section 20.0j Written Modifications.No modification,release,discharge or waiver
of any provisions hereof shall be of any force, effect or value unless in writing signed by
both the Lessor and Lessee, and signed also by any mortgagee or their duly authorized
agents or attorneys, as long as such mortgagee (if applicable) has.both 1 filed in Official 0)
Records of Monroe County, Florida, a"Certificate of Notice"of their interest in this Lease
and or the Demised Premises, said certificate setting forth complete and current contact
information,the real estate parcel number assigned to the Demised Premises and the O.R.
Records Book and Page Number of the first recorded page of this Lease,and M provided a
copy of the recorded certificate to the Lessor at its notice address(es)via U.S.Postal Service
certified mail, return receipt requested.
2
Notwithstanding the foregoing,the Monroe County Administrator,or his authorized
designee, may make certain modifications to this lease without requiring an antecedent
affirmative vote by Lessor's Board of County Commissioners.The circumstances in which
such administrative modification(s) may be made are limited to: (i)Amend this lease by
delineating lesser or greater areas of the overall Property being leased to Lessor(presently
identified herein at Exhibit "A."), and to L21 Amend this lease to comply with any
application requirements of the FHFC RFA 2019-101 CDBG-DR in Monroe County. Either
administrative lease amendment type must be made in writing and otherwise be in
accordance with this subsection.
Section 20.04 Entire Agreement.This Lease,including its prefatory recitals and any
written addenda and attached exhibits (all of which are expressly incorporated herein by
this reference)shall constitute the entire agreement between the parties with respect to this
instrument as of this date. No prior written lease or prior or contemporaneous oral
promises or representations shall be binding.
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Section 20.o5 Notices. If Lessee desires to give notice to Lessor in connection with
and/or according to the terms of this Lease, such notice shall be given by certified mail
return receipt requested or by national overnight tracked and delivery-receipt courier
service, and unless otherwise required to be "received", it shall be deemed given when
deposited in the United States mails or with the courier service with postage or courier fees
prepaid.Notification to Lessor shall be as set forth herein,unless a different method is later
directed as prescribed herein or by the Workforce Housing Restriction(s):
Lessor:
County Administrator
Monroe County
Gato Building
11oo Simonton Street
Key West , FL 33040
r-
0
with a copy to
0
Monroe County Attorney
1111 12th Street, Suite 4o8
Key West, Florida 33040
Tel.: 305-292-3470
Lessee:
0
Monroe County Housing Authority
Attn: Executive Director
140o Kennedy Drive
Key West, FL 33040
Section 20.o6 Joint Liability. If the parties upon either side (Lessor or Lessee)
consist of more than one person, such persons shall be jointly and severally liable on the >
covenants of this Lease.
Section 20.07 Public Access and Public Records Compliance. The Lessee must
comply with all Florida public records laws, including but not limited to Chapter 119,
Florida Statutes and Section 24, Article I, of the Florida Constitution. Lessor and Lessee
shall allow and permit reasonable access to, and inspection of, all documents, records,
papers, letters, or other "public record" materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statutes, and additional Florida legal n
authorities governing confidential and/or confidential and exempt public records, and
made or received by the Lessor or Lessee in conjunction with and in connection with this
Lease and related to Lease performance. Failure of the Lessee to abide by the terms of this
provision shall entitle Lessor to, at its option, deem such failure a material breach of this
agreement, and Lessor may enforce the public records law terms of this provision in the
form of a court proceeding. This provision shall survive any termination or expiration of
this Lease. The Lessee is encouraged to consult with its advisors about Florida's public
records laws in order to comply with this provision. Pursuant to Section 119.0701, Florida
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Statutes, and the terms and conditions of this agreement, the Lessee is required to:
(1) Keep and maintain public records that would be required by the Lessor to
perform its service and duties under this agreement.
(2) Upon receipt from the Lessor's custodian of records,provide the Lessor with a
copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this
provision and Chapter 119, Florida Statutes or as otherwise provided by law.
L11 Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the lease term and following completion of the lease if the
Lessee does not transfer the records to the Lessor.
Upon completion of the lease, transfer, at no cost, to the Lessor all public
records in possession of the Lessee or keep and maintain public records that
would be required by the Lessor to perform its service and duties under this
agreement. If the Lessee transfers all public records to the Lessor upon
completion of the lease,the Lessee shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure
requirements. If the Lessee keeps and maintains public records upon completion
of the lease,the Lessee shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the Lessor upon
request from Lessor's custodian of records, in a format that is compatible with
the information technology systems of the Lessor.
f5) A request to inspect or copy public records relating to an agreement or
contract with Lessor must be made directly to the Lessor,but if the Lessor does
not possess the requested records,the Lessor shall immediately notify the Lessee
of the request,and the Lessee must provide the records to the Lessor or allow the
records to be inspected or copied within a reasonable time.
If the Lessee does not comply with the Lessor's request for records,the Lessor may
enforce this agreement's maintenance of records and/or public access provisions,
notwithstanding Lessor's option and right to treat such non-compliance as a
material breach. Lessee's failure to provide public records to the Lessor or pursuant
to a valid public records request within a reasonable time maybe subject to penalties
under Section 119.10, Florida Statutes.
The Lessee shall not transfer custody,release, alter, destroy or otherwise dispose of
any public records unless provided for in this provision or as otherwise provided by
law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER ng, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
LESSOR'S CUSTODIAN OF PUBLIC RECORDS, BRIAN E
BRADLEY AT PHONE# 305-2A2-3470, BRADLEY-
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BRIAN(&MONROECOUNTY-FL.GOV, MONROE COUNTY ,
ATTORNEYS OFFICE 11:112TH Street, SUITE 408, KEY
WEST, FL 33040. c,
0
Section 20.o8 Liability Continued; Lessor Liability.All references to the Lessor and
Lessee mean the persons who, from time to time, occupy the positions, respectively, of
Lessor and Lessee. In the event of an assignment of this Lease by the Lessor, except for
liabilities that may have been incurred prior to the date of the assignment or as specifically
dealt with differently herein, the Lessor's liability under this Lease shall terminate upon N
such assignment.In addition,the Lessor's liability under this Lease,unless specifically dealt
with differently herein, shall be at all times limited to the Lessor's interest in the Demised
Premises.
Section 20.09 Captions. The captions used in this Lease are for convenience of
reference only and in no way define,limit or describe the scope or intent of or in any way
affect this Lease.
0
Section 20.10 Table of Contents. The index preceding this Lease under the same
cover is for the purpose of the convenience of reference only and is not to be deemed or y
construed in any way as part of this Lease, nor as supplemental thereto or amendatory
thereof.
Section 20.11 Governing Law,Venue.This Agreement shall be construed under the
laws of the State of Florida, and the venue for any legal proceeding to enforce or determine
the terms and conditions of this Lease shall be in Circuit Court for the 16th Judicial Circuit,
Monroe County, Florida. This lease, and any agreement made pursuant to this lease,shall E
not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to
this lease shall be in accordance with the Florida Rules of Civil Procedure and usual and E
customary procedures required by the circuit court of Monroe County, Florida.
Section 20.12 Holding Over.Any holding over after the expiration of the Term of this
Lease,with consent of Lessor, shall be construed to be a tenancy from month to month, at
twice the monthly Rent as required to be paid by Lessee for the period immediately prior to
the expiration of the Term hereof, and shall otherwise be on the terms and conditions <
herein specified, so far as applicable.
Section 20.13 Brokers. Lessor and Lessee covenant,warrant and represent that no
broker was instrumental in consummating this Lease, and that no conversations or
negotiations were had with any broker concerning the renting of the Demised Premises.
Lessee and Lessor agree to hold one another harmless from and against, and agree to
defend at its own expense,any and all claims for a brokerage commission by either of them
with any brokers.
Section 20.14 Severabiliiy/Partial Invalidity. If any provision of this Lease or the
application thereof to any person or circumstance shall at any time or to any extent be held
invalid or unenforceable,the remainder of this Lease or the application of such provision to E
persons or circumstances other than those as to which it is held invalid or unenforceable
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shall not be affected thereby.The Lessor and Lessee agree to reform the lease to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
Section 20.1.ri Force Ma'e� ure.If either party shall be delayed,hindered or prevented
from the performance of any act required hereunder by reason of strikes, lockouts, labor
trouble,inability to procure material,failure of power,riots,insurrection,severe tropical or
other severe weather events, war or other reasons of like nature not the fault of the party
delayed, in performing work or doing acts required under this Lease, the period for the
performance of any such act shall be extended for a reasonable period. Economic hardship
or economic conditions shall not be considered a basis for such extension.
Section 20.16 Lessor/Lessee Relationship,Non-Reliance by Third Parties.This Lease
creates a lessor/lessee relationship, and no other relationship, between the parties. This
Lease is for the sole benefit of the parties hereto and, except for assignments or Subleases
permitted hereunder and to the limited extent thereof, no other person or entity shall be a
third party beneficiary hereunder. Except as expressly provided under this Lease or under
the affordable Workforce Housing Restrictions,no person or entity shall be entitled to rely
upon the terms, or any of them, of this Lease to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated hereunder,
and the Lessor and the Lessee agree that neither the Lessor nor the Lessee or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have 0
entitlements or benefits under this Lease separate and apart,inferior to, or superior to the
community in general or for the purposes contemplated in this Lease.
Section 20.17 Radon Gas Notification.Radon is a naturally occurring radioactive gas
that,when it has accumulated in a building in sufficient quantities,may pose health risks to
persons who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings.Additional information regarding radon and radon
testing may be obtained from your county health unit. Lessor shall not be responsible for
radon testing for any persons purchasing,leasing or occupying any portion of the Demised
Premises,and all owners,Lessees and Sublessees shall hold Lessor harmless and indemnify
Lessor for damages or claims related thereto and release Lessor from same.
Section 20.18 Mold Disclosure. Mold is a naturally occurring phenomenon that,
when it has accumulated in a building in sufficient quantities, may pose health risks to
persons who are exposed to it over time. Mold has been found in buildings in
unincorporated areas of the county as well as in incorporated areas of the county.There are
no measures that can guarantee against mold,but additional information regarding mold
and mold prevention and health effects may be obtained from your county health unit or
the EPA or CDC. Lessee and Sublessees accept responsibility to inspect for mold and take
measures to reduce mold. Lessor shall not be responsible for mold testing for any persons
purchasing, leasing or occupying any portion of the Demised Premises, and all owners,
Lessees and Sublessees shall hold Lessor harmless and indemnify Lessor for damages or
claims related thereto and release Lessor from same.
Page 36 of 48
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D.3.c
Section 20.19 (B) Lead-Based Paint Disclosure. Lessee acknowledges receipt and
signing of the attached form LBPR-18/96 relating to the possibility of lead-based paint in
houses constructed before 1978 and a copy of the risks associated therewith and a copy of
the EPA Protect Your Family In The Home. Lessee will abide by notice requirements
relating to lead-based paint for all sub-lessees.
Section 20.20 Subsequent Changes in Law or Regulation. Where a change can
reasonably be applied to benefit, enhance or support Lessor's affordable Workforce
Housing goals,objectives and policies,Lessor shall have the right to claim the benefit from
any subsequent change to any applicable state or federal law or regulation that might in any
way affect this Lease, the Workforce Housing Restriction(s), any Related Agreements or c
their respective application and enforceability, without limitation. In such instance, this
Lease shall be construed or, where necessary, may be reformed to give effect to this
provision.
2
Section 20.21 Claims for Federal and/or State Aid.Lessor and Lessee agree that each
shall be,and is, empowered to apply for,seek, and obtain federal and state funds to further
the purpose of this lease; provided that all applications, requests, grant proposals, and
funding solicitations shall be approved by each side prior to submission.
Section 20.22 Government Purpose. Lessor, through this Lease and the affordable
Workforce Restriction(s), furthers a government housing purpose, and, in doing so,
expressly reserves and in no way shall be deemed to have waived, for itself or its assigns,
successors, employees, officers, agents and representatives any sovereign, quasi- c
quasi-
governmental and an other similar defense immunity,
g y exemption or protection against �
any suit, cause of action, demand or liability. Notwithstanding the provisions of Section
768.28, Florida Statutes, the participation of the Lessee and the Lessor in this agreement
and the acquisition of any insurance coverage whatsoever shall not be deemed a waiver of
immunity to the extent of such coverage (liability coverage or otherwise), nor shall any
contract entered into by the Lessor be required to contain any provision for waiver.All of
the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability,workers'compensation,and other benefits which apply
to the activity of officers, agents, or employees of any public agents or employees of the
Lessor or Lessee, when performing their respective functions under this lease within the
territorial limits of the county shall apply to the same degree and extent to the performance
of such functions and duties of such officers, agents,volunteers, or employees outside the
territorial limits of the county.No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Lessor or
Lessee in his or her individual personal capacity, and no such member, officer, agent or
employee of Lessor or Lessee shall be liable personally under this lease or be subject to any
personal liability or accountability by reason of the execution of this agreement.
Section 20.23 Remedies.The parties agree that any remedy available for anybreach
under this Lease shall be cumulatively or selectively available at Lessor's complete
discretion, with any election to avail itself or proceed under any particular remedial
mechanism in no way to be construed as a waiver or relinquishment of Lessor's right to
proceed under any other mechanism at any time or in any particular sequence.
Page 37 of 48
Packet Pg. 1608
Section 20.24 Supplemental Administrative Enforcement.Lessor,or its appropriate
agency,may establish under the Workforce Housing Restriction(s), as amended from time
to time, during the Term of this Lease, such rules, procedures, administrative forms of
monitoring, property and/or tenancy management, proceedings, and such evidentiary
standards,as deemed reasonable within Lessor's prerogative,to implement enforcement of
the terms of this Lease and similar leases and the Workforce Housing Restriction(s). Such
forums may include but in no way be limited to use of Code Enforcement procedures
pursuant to Chapter 162, Florida Statutes, to determine, for and only by way of one
example, and not as any limitation, the facts and legal effect of an allegedly unauthorized
"offer to rent," or, for another example, an unauthorized "occupancy." However, nothing
herein shall be deemed to limit Lessor from access to an appropriate court of competent
jurisdiction where the resolution of any dispute would be beyond the competence or lawful
jurisdiction of any administrative proceeding.
Section 20.25 Exceptions to Lease/Rental Prohibition. The Workforce Housing
Unit(s) are to be developed as a dwelling unit for qualified rental and qualified rental-
occupancy for affordable Workforce Housing. Transient use, vacation rental use, owner-
occupancy, and any other form of use or occupancy other than affordable Workforce
Housing is hereby expressly prohibited absent express written authorization and consent by
Lessor. Lessor or its designee, in its sole discretion, shall have the right to adopt as part of
future affordable Workforce Housing Restriction(s) provisions to allow Sublessees the
limited privilege to rent or lease their Workforce Housing Unit to qualified persons.
Requests for such approval shall be made in accordance with such procedures Lessor may in
the future choose to adopt. It is contemplated, though not promised or required, that c
certain limited rental provisions may be adopted in the future for circumstances such as,for
example, but without limitation:
(a) A Sublessee's required absence from the local area for official military duty.
(b) A documented illness that legitimately requires a Sublessee to be hospitalized
for an extended period.
(c) A family emergency legitimately requiring a Sublessee to leave the Keys for a
period longer than thirty(3o) days.
Section 20.26 Drafting of Lease. The parties acknowledge that they jointly
participated in the drafting of this Lease with the benefit of counsel,or had the opportunity
to receive such benefit of counsel, and that no term or provision of this Lease shall be
construed in favor of or against either party based solely on the drafting of this Lease.
Section 20.27 Lessor's.Duty to Cooperate.Where required under this Lease, Lessor
shall, to ensure the implementation of the public affordability purpose furthered by this
Lease, cooperate with reasonable requests of Initial Lessee, Sublessees, mortgagees, title
insurers,closing agents,government agencies and the like regarding any relevant terms and
conditions contained herein.
N
Section 20.28 Execution in Counterparts.This lease maybe executed in any number
of counterparts, each of which shall be regarded as an original, all of which taken together
shall constitute one and the same instrument and any of the parties hereto may execute this
Page 38 of 48
Packet Pg. 1609
y D.3.c
lease by signing any such counterpart.
IN WITNESS WHEREOF, the Lessor and the Lessee have hereunto set their
hands and seals, as of the day and year above written. ca
FOR LESSOR BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
By:
Mayor N
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MADOK CLERK
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Deputy Clerk
Monroe County Attorney
Approved as to Form:
By:
FOR LESSEE:
Mo;an*uelCastillo,
Housing Authority
By:
Executive Director
WITNESSES: }
Witness No. 1 Print Name) D
Witness No. 1 (Signature) -^'' 3
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Witness to. 2 (Print Name)
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Witness TVO. 2 (Signature)
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STATE OF FAO �a
COUNTYOF
Page 39 of 48
Packet Pg. 1610
D.3.c
The foregoing instrument, Lease between Board of County Commissioners of
Monroe County, Florida, and the Monroe County Housing Authority, was acknowledged
before me this 9fti day of ,2o19,by Manuel Castillo,as Executive
Director of the Monroe County Housing Authority, who is personally known to me or.
pre� as ppaof�� n and did take an
oath.
Notary Public (Print Name and Notary No.) Notary Public Seal
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Notary Public (Signature)
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Page 40 of 48
Packet Pg. 161'1
EXHIBIT"A"
LEGAL DESCRIPTION
31 S. Conch Avenue, Conch Key(bearing Property Identification Number 0038578o-
000400):
The West 70 feet of Lot 14,CONCH KEY SUBDIVISION,according to the flat thcrecif,recorded in Plat
Boots 2,Page 130,of the Public Records of Monroe County,Florida. Said.parcel of land being more
particularly described as follows,to wit:
At the Point of Beginning commence at a point on the North Right-of-Way line of South Conch Avenue and
the Southwest corner. of Lot 14, Conch Key Subdivision, according to the Plat thereof as recorded in flat e
Book 2, Page 130, of the Public Records of Monroe County; Florida; thence run in a Northerly direction
along the West boundary line of Lot 14 for a distance of 70 feet to the Northwest corner of said Lot 14; thence 55
proceed at a right angle along-the Northern lot line of Lot 14 for a distance of 70 feet,to a point; the]ice at a U
right angle and running parallel with the East lot line of Lot 14, run a distance.of 70.feet to a point on the
South lot line of Lot 14,and on the North Right-of-way line of South Conch Aveoue_said point being 70 feet
from the Point of Beginning;thence at a right angle proceed.in a Westerly direction along the South lot line of
Lot 14 a distance of 70 feefbacli to the Point of Beginning. -
31535 Avenue C, Big Pine Key(bearing Property Identification Number 00302670-
000000 and 0030268o-000000):
Block 22, Lots 1, 2, 3, and 4, Sands Subdivision, according to the Plat thereof as recorded in e
Plat Book 1, Page 65, of the Official Records of Monroe County, Florida.
2 N. Conch Avenue, Conch Key(bearing Property Identification Number 00385780- E
000000):
All of Lot 13,the Easterly 30 feet of Lot 14,the Easterly 39 feet of Lot 30 and All of Lot 31 of CONCH KEY,be!]
combination of the following two Parcels of Land: A Part'of Lots 13 and 30 and Ali of L.ot 31 of CONCH KEN,
recorded in Plat Book 2, Page 130, of the Public Records of Monroe County, Florida, and being more particu! '®
described by metes and bounds as follows:Commencing at the Northeast corner of Lot 31,said corner to be know °®
the Point of Beginning of the Tract of Land hereinafter described, bear North 66° 45' West, along the South
Right-of-Way line of North Conch Avenue, 131.95 feet;.thence bear South 23'15'West,70 feet; thence bear North
45' West, 39 feet; thence bear South 23" 15' 'West, 70 feet to the Northeasterly Right-of-Way Line of South Cc
Avenue; thence bear South 66° 45' East, 36.82 feet to the Northerly Right-ofWay line of U.S.Highway No. 1; thi "
bear North 69° 05' East, along the Northerly Right-of-Way line of U.S. Highway No. 1, 190.93 feet; thence
Northerly direction, 7.48 feet, back to the Point of-BeginningANDA Parcel of Land in a Part of Lots x3 and.1
CONCH KEY, as recorded in Plat Book 2, Page 130, of the Public records of Monroe County, Florida, and b
more particularly described by metes.and bounds as follows: Commencing at the Southwest corner of Lot 14, 1 m
South 660 45' East,along the Northerly Right-ofWay line of South Conch Avenue,70 feet to the Point of Beginnin
the Parcel of Land hereinafter described; from said Point of Beginning,bear North 23' 15' East, 70 feet; thence 1
South 66°45' East,52 feet; thence bear South 23' 15' West,70 feet to the Northerly Right-of-Way line of South Cc co
Avenue; thence bear North 66°45' West,along the Northerly Right-of-Way iine of South Conch Avenue,52 feet,17
to the Point of Beginning.
cv
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COMPOSITE EXHIBIT"B"
�. MANAGEMENT AGREEMENT:
A. Introduction: The Lessor and Lessee to this lease mutually agree that the
Property shall be developed, used, and occupied so as to ensure affordability in
perpetuity in connection with the Property and the dwelling units to be
constructed therein as set forth in this lease.
The Lessor and Lessee to this lease mutually agree that housing and occupancy
preference shall be granted to qualified full-time employees of Lessor, and to
qualified full-time employees of Lessee. "Qualified," as used herein, means those
employees of Lessor and Lessee who satisfy all requirements of the affordable
Workforce Housing Restriction applicable to a unit that is available for use and- --
occupancy, and means those--employees of Lessor and Lessee who satisfy all
requirements of the affordable Workforce Housing Restriction applicable to a-
unit that is available for use and occupancy.The legal effectiveness and =
enforceability of such preference is contingent upon approval of the Florida
Department of Economic Opportunity, Florida Housing Finance Corporation,
and United States Department of Housing and Urban Development.
B. Program Description: The Monroe County Board of County Commissioners
("Lessor") continues to examine the affordable workforce housing crisis within
the county and seeks to determine best practice solutions to mitigate this
situation. The Monroe County Employee Rental Housing Program enacted under
this lease is one such solution.
A central concern of the Program is the enormous financial pressure on the
Lesssor's and on the Lessee's employees in connection with the affordability of
housing opportunities near their jobs. This program, as applied under this lease,
grants employee preference to qualified full-time employees of the Lessor and to
qualified full-time employees of the Lessee.
C. Management and Administration of the Waiting List and Lease
Housing Preferences:
Under Monroe County Land Development Code Section 139-1(f)(8), the Monroe
County Planning Director may authorize "[t]he county housing authority" and
"other public entities established to provide affordable housing"to administer the
eligibility, qualification, re-qualification, and compliance requirements otherwise
ordinarily administered by the County's Planning Department pursuant to a
written agreement. The Board of County Commissioners of Monroe County's
approval of this lease has approved this lease in conjunction with the Planning
Director's approval for Lessee to administer the eligibility, qualification, re-
qualification, and compliance requirements under this lease, as authorized under
Monroe County Land Development Code Section 1394f)(8).
Page 42 of 48
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y D.3.c
As such, Lessee agrees that it will comply with all qualification, re-qualification,
and compliance requirements applicable under this lease and as applicable under
the Monroe County Code(s). Lessee shall provide an annual report to the Monroe
County Planning &Environmental Resources Department showing all income
qualifications, all income re-qualifications, and rents. If any other documents,
records, or information is required by Lessor, Lessee shall provide it to Lessor.
Lessee may not authorize a third-party to assume or undertake this delegation of
authority without Lessor's prior express written approval.All records held by
Lessee and Lessee's authorized agents may be considered public records under
Chapter 119, Florida Statutes, and it shall be Lessee's sole responsibility to
maintain and abide by all requirements applicable to proper maintenance and c
disclosure of such records under Chapter 119, Florida Statutes.
0
It shall be the Lessee's policy that each applicant shall be assigned an appropriate
_ place on a waiting list.Applicants shall be listed in a sequence based upon date __ -
and time a complete, legally sufficient application is received, the size and type of -
unit the applicant has requested,-and factors of preference or priority. In filling
an actual or anticipated vacancy,-the--Lessee shall offer the dwelling unit to an ==--
applicant in the appropriate sequence, with the goal of accomplishing complete
occupancy of all units by qualified full-time employees of Lessor and Lessee.
By maintaining an accurate waiting list, the Lessee will be able to perform the
activities which ensure that an adequate pool of qualified applicants will be
available to fill unit vacancies in a timely manner. Based upon the Lessee's
turnover and the availability of appropriately-sized units, groups of families will
be selected from the waiting list to form a final eligibility pool. Selection from the
pool will be based upon completion of verification of all documents and
information provided.
The Lessee shall administer its waiting list as required by 24 C.F.R. Part 5, Part
945 and 96o, Subparts A and B. The waiting list will be maintained in accordance
with the following guidelines:
The application will be a permanent file.
All applicants in the pool will be maintained in order of this lease's prioritization
of housing applicants who are qualified full-time employees of Lessor and Lessee.
Applications equal in preference will be maintained by date and time sequence.
All applicants must meet all applicable eligibility requirements as established by
law.
The Lessee, at its discretion, may restrict application, suspend application intake,
and close a waiting list in whole or in part, and will publicly announce its decision
to do so by posting such decision in all of its offices. Such decision to close the
waiting list shall be based upon the number of applications available for a
particular size and type of unit, and the ability of the Lessee to house an applicant
in an appropriate unit within a reasonable period of time.
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When the Lessee reopens the waiting list, it will advertise this in a newspaper of
general paid circulation in Monroe County. The notice will be made in accessible
format if requested and will contain:
The dates, times, and locations where families may apply.
The applicable program(s) for which applications will be taken.
A brief description of the applicable program(s).
A statement that Section 8 participants must submit a separate application
if they wish to apply for available housing.
Limitations on who maybe eligible to apply.
Eligibility requirements.
Availability of local preferences.
During the period in which the waiting list is closed, the Lessee will not maintain
a list of individuals who wish to be notified--of when the waiting list is re-opened. 0 -_
0
The open period shall be long enough to achieve a waiting list adequate to cover
== projected turnover over the next 24 months.-When the period for accepting
applications is over, the Lessee will add to the new applicants to the list by:
Unit size, this lease's stated preference for qualified full-time employees of
Lessor and Lessee, and the date and time of application receipt.
When applicants consist of two families living together (for example, such as a
mother and father, and a daughter with her own husband and children), and they
apply as one family unit, they will be considered as one family unit.
A preference does not guarantee admission to the program/approval of a housing
application. Preferences are used to establish the order of placement on the
waiting list. Every applicant must meet all of the Lessee's Selection Criteria as
defined in this policy pursuant to the requirements of this lease permitted by law.
2
Applicants who reach the top of the waiting list will be contacted by the Lessee to
verify their preference and, if verified, the Lessee will complete the application for
occupancy.Applicants must complete the application for occupancy and continue
through the application processing and may not retain their place on the waiting
list if they refuse to complete their processing when contacted by the Lessee.
Among applicants with equal preference status, the waiting list will be organized
by date and time.
The maximum possible numerical point total for an application is loo.
Priority preference pursuant to this lease is provided to eligible employees of
Lessor and Lessee on the waiting list.A properly noticed public meeting was held
before this lease was adopted.
The following preference is used:
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Residency/Lessor and Lessee Employee Preference: For applicants who
are current full-time employees of Lessor and Lessee who work in Monroe
County and satisfy the Workforce Housing Restriction applicable to a given unit.
In order to verify that an applicant so satisfies these given requirements,the
Lessee will require a minimum of one (1) of the following documents: Verification
in the form of an employment record(s) provided by the Monroe County Human
Resources Department or Lessee's equivalent human resources office, other
employer or agency records, driver's licenses,voter's registration records, credit
reports, statement(s) from household with whom the family is residing, rent
receipts,leases, school records, utility bills, etc.
0
Preference Point System:
0
Local Preference Point Description Point Value
Full-Time Employee of Lessor Full-Time Monroe County 100
BOCC Employee
Full-Time Employee of Lessee Full-Time Monroe County 100 y
Housing Authority
Employee
Before applying its preference system, the Lessee will first match the
characteristics of the available unit to the applicant(s) available on the waiting
list. By matching unit and family characteristics and qualifications for a foregoing
preference, it is possible that families who are lower on the waiting list may E
receive an offer of housing ahead of families with an earlier date and time of
application. E
The Lessee will verify all preference claims at the time they are made. The Lessee
will re-verify a preference claim, if the lessee feels the applicant's or family's
circumstances have changed, at the time of selection from the waiting list.
If the preference verification indicates that an applicant does not qualify for the .-.
preference, the applicant will be returned to the waiting list and ranked without
that preference and given an opportunity for a review. E
Changes in an applicant's circumstances while on the waiting list may affect the
applicant's or his/her family's entitlement to a preference.Applicants are E
required to notify the Lessee in writing when their circumstances change. When y
an applicant claims a preference,he or she will be placed on the waiting list in the
proper order of their newly claimed preference.
If the Lessee denies a preference, the applicant will be placed on the waiting list
without the benefit of the preference. The Lessee will notify an applicant in
writing of the reasons why the preference was denied and offer the applicant an
opportunity for an informal meeting. The applicant will have 10 business days to,
in writing, request that meeting. If the applicant does not request a meeting, and
Page 45 of 48
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y D.3.c
if the preference denial is sustained/upheld as a result of such meeting,the
applicant will be placed on the waiting list without benefit of the preference.
Ca
If the applicant falsifies documents or makes false statements in order to qualify
for any preference,they will be removed from the waiting list with notification to
the applicant and/or the family on the application.
The waiting list will be purged at least annually by a mailing to all applicants to
ensure that the waiting list is current and accurate. The mailing will make a
request for current and/or updated information and confirmation of the
applicant's continued interest. If the applicant fails to respond to such mailing
within 14 calendar days, he/she will be removed from the waiting list. If the 14th
day falls on a Saturday, Sunday, or official designated federal or state holiday, the
i4th day-shall be considered the nearest next business day. If a letter is returned
by the post office without a forwarding address, the applicant will be removed
from the list without further notice and the envelope and letter will be
maintained in the file. If a letter is returned with a forwarding address, it will be
re-mailed-to the address indicated. -
When an applicant rejects the final unit offer by the Lessee, the Lessee will:
Remove the applicant's name from the waiting list.
Remove from the waiting list means: The applicant must re-apply. 0
0
Applicants must accept a unit offer within io business days of the date the offer is
made. Offers made over the telephone will be confirmed by letter. If unable to
contact the applicant by telephone, the Lessee will send a certified letter.
Lessee must provide each applicant(s) approved to occupy a Workforce Housing
Unit(s)with a Letter of Acknowledgment conforming to Exhibit "C."to this lease,
and each applicant(s) must return said Letter to Lessee properly executed and
notarized.
N
Page 46 of 48
Packet Pg. 1617
EXHIBIT "C"
LETTER OF ACKNOWLEDGEMENT
TO: Initial Lessee, or its assigns
Address of Initial Lessee, or its assigns
0
DATE:
This letter is given to (.....Initial Lessee....) as an acknowledgement in regard to
the affordable Workforce Housing Unit that I am renting. I hereby acknowledge the
following:
• That I meet the requirements set forth in the Lease and Workforce
Housing Restrictions for this property to rent an affordable Workforce
Housing Unit. I understand that the unit I am renting is being rented to
me at a price restricted below fair market value for my, future similarly
situated persons and Monroe County's benefits.
• That the Workforce Housing Unit that I am renting is subject to a 99-year
ground lease by and between Monroe County, a political subdivision of the
State of Florida, and
(hereinafter "Lease").
2
• That my legal counsel, , has explained
to me the terms and conditions of the Lease, including without limitation
0
the meaning of the terms "Workforce Housing Restrictions" and other
legal documents that are part of this transaction. If I have not had legal
counsel, I state here that I have had an opportunity to have obtain such
counsel, understand its importance, and have knowingly proceeded
without it.
• That I understand the terms of the Lease and Workforce Housing
Restrictions and how the terms and conditions set forth therein will affect >
my rights, now and in the future.
• That I agree to abide by the Lease and Workforce Housing Restrictions, as
defined in the Lease, and I understand and agree for myself and my
successors in interest that Monroe County and State of Florida state
agencies may change some of the Workforce Housing Restrictions over the
99-Year term of the Lease and that I will be expected to abide by any such
changes.
• That I understand and agree that one of the goals of the Lease is to keep
the Workforce Housing unit affordable and exclusively used for said
purposes and I support this goal.
• I must comply with the requirements set forth in the Lease.
• I am prohibited from severing the improvements from the real property.
• That my family and I must occupy the Workforce Housing Unit and that it
cannot be rented to third parties without the express written approval of E
the Lessor.
Page 47 of 48
Packet Pg. 1618
• That I have reviewed the terms of the Lease and Workforce Housing
Restrictions, and that I consider said terms fair and necessary to preserve
the Workforce Housing Unit.
0
0
Signatory(Printed Name) Signatory(Printed Name)
0
Signatory(Signature) Signatory(Signature)
2
C
0
STATE OF
0
COUNTY OF y
The foregoing instrument,Letter of Acknowledgment,was attested before me this
day of 20 , by and by
, as who is/are personally known to me or produced
as proof of identification and did take an oath. c
0
Notary Public(Print Name and Notary No.) Notary Public Seal
Notary Public(Signature)
2
N
Page 48 of 48
Packet Pg. 1619
LEASE
BETWEEN
THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, ca
FLORIDA
"LESSOR"
AND i
THE MONROE COUNTY HOUSING AUTHORITY
c
"LESSEE"
FOR PROPERTY LOCATED ON BIG PINE KEY, CONCH KEY,
AND KEY LARGO,MONROE COUNTY, FLORIDA
C
0
DATED. July 17 20*9
0
Doc#2250343 Bk#3001 Pg#2030
Recorded 12131/2019 11:44 ALL1 page I of 49
Filed and Recorded in Official Records of D
MONROE COUNTY KEVLN MADOK,CPA
• CD
ram.
CD
CD
ram.
Page 1 of 49
Packet Pg. 1620
Table of Contents
Article .Title _. Page No.
I Definitions 4
II Demised Premises
III Term 7
IV Rent 8
c
V Non-Subordination 9
0
VI Payment of Taxes and Utilities 9
2
VII Mechanics' Liens 11
VIII Governing Law, Cumulative Remedies 13
IX Indemnification of Lessor 13
X Insurance 14
0
XI Insurance Premiums 18
XII Assignment/Transfer 19
XIII Condemnation 20
XIV Construction 21
XV Mortgage Financing 24
XVI Default 27
XVII Repair Obligations 29
XVIII Additional Covenants of Lessee/Lessor 30
XIX Representations,Warranties of Title and Quiet Enjoyment
and No Unlawful or Immoral Purpose or Use 32
XX Miscellaneous 32
Page 2 of 49
Packet Pg. 1621
D.3.d'.
OCCUPANCY AGREEMENT AND.GROUND LEASE
THIS Agreement and Lease made and entered into on this day of '
2019 by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE ca
COUNTY, FLORIDA (referred to as the "Lessor" or "Owner", or "County" or
"Monroe County"), a political subdivision of the State of Florida organized and existing
under the laws of the State of Florida, and THE MONROE COUNTY HOUSING
AUTHORITY (referred to as the "Lessee" or "Initial Lessee", or "Contractor" or c
"Occupant"),a public body,corporate and politic, created and organized pursuant to and
in accordance with the provisions of Housing Authorities Law,codified pursuant to Chapter
421, Florida Statutes.
0
RECITALS
WHEREAS, Lessor is the owner in fee simple of that certain property located at 0
what is now known as 31 S. Conch Avenue, Conch Key (bearing Property Identification
Number 00385780-00040o) and located on Atlantic Boulevard, Key Largo (bearing
Property Identification Number 00453440-0011oo), and is the owner of an option to hold c
land in fee simple located at what is now known as 31535 Avenue C, Big Pine Key(bearing
Property Identification Number 00302676-000000 and 0030268o-000000),and located at y
2 N. Conch Avenue, Conch Key (bearing Property Identification Number 0038578o-
000000),Monroe County,Florida,said four properties(hereinafter cumulatively referred to
as the"Property")being more particularly legally described as per the attached incorporated
Exhibit "A."; and
0
WHEREAS, Lessee desires to develop the Property for rental use of 25 affordable
workforce housing units pursuant to the FHFC RFA 2019-101 CDBG-DR in Monroe County E
for qualified tenant occupants; and
WHEREAS, Lessee desires to use the Property for rental use of 25 future housing
units for qualified tenant occupants as workforce housing (as defined in the above-
referenced FHFC RFA 2019-1o1); and
WHEREAS, in order to preserve the affordability of the dwelling unit(s) to be
developed, used, and occupied on the Property, Lessor desires to lease the Property to
Lessee for ninety-nine(99)years,subject to the FHFC CDBG-DR program Restrictions as
set forth and further defined herein; and E
WHEREAS,the Lessor and Lessee agree that the Lessee shall develop the Property
in accordance with all requirements of the Community Development Block Grant-Disaster
Recovery("CDBG- DR') Program; and
WHEREAS, Lessor and Lessee desire and hereby enter into this 99-year lease to
ensure and preserve affordability in perpetuity of the Property and all dwelling units
thereon; and
WHEREAS,Lessor and Lessee mutually agree to the Property Management process
Page 3 of 49 Packet Pg. 1622
D.3.d'.
and guidelines as set forth more fully below and attached incorporated Exhibit"B."to the
extent allowed by the Florida Department of Economic Opportunity and Florida Housing
Finance"Corporation;
NOW THEREFORE, in consideration of the mutual covenants and obligations U
contained herein,the receipt and sufficiency of which are hereby acknowledged,the parties
agree as follows:
0
The foregoing recitals are true and correct and are hereby incorporated as if fully
stated herein, and all exhibits attached hereto are true and correct, have been agreed to
by Lessor and Lessee, and are hereby incorporated as if fully stated herein.
0
ARTICLE I
Definitions
"FHFC"shall mean the "Florida Housing Finance Corporation."
0
"CDBG-DR" shall mean the Florida Department of Economic Opportunity's
"Community Development Block Grant-Disaster Recovery" initiative/program. W
"Workforce Housing Restriction" shall mean a dwelling unit whose monthly rent
meets the requirements of the State and Federal Government requirements of the grants
awarded;or,upon the parties'mutual written agreement,"Workforce Housing Restriction"
may alternatively mean a dwelling unit whose occupancy is subject to a maximum income
limit as allowed by the FHFC and/or the U.S. Department of Housing and Urban
Development (HUD). Tourist housing use or vacation rental use of any Unit(s) are
prohibited. Said restriction shall encumber the Property for the term of the ninety-nine(99)
year lease. Preference shall be granted to qualified full-time employees of Lessor, and to
qualified full-time employees of Lessee. The legal effectiveness and enforceability of such
preference is contingent upon approval of the Florida Department of Economic
Opportunity, Florida Housing Finance Corporation, and United States Department of
Housing and Urban Development.
2
Moreover, Lessor may establish in the foregoing Workforce Housing Restriction(s)
"means"or"assets"criteria that limit potential rental pools,as allowed by the FHFC and/or
the HUD. Any such amendment shall not increase Initial Lessee's responsibilities as set 0
forth herein. It is the intent and purpose and shall be the effect of this Lease and the
Workforce Housing Restriction(s) herein, to ensure that the workforce housing units'
affordability of the dwelling unit and dedicated real property upon which they are located is
maintained and enforced such that any administrative rule, policy, or interpretation
thereof, made by Lessor or its designees relating to the maximum total amount of
consideration and cost permitted to be in any way involved in a purchase transaction
(including, but not limited to, purchase price, lease assignment fees, rents, or any other
compensation given or received in or"outside"of a related transaction)shall never exceed
the workforce housing criteria established by FHFC for the dwelling unit involved.In every
case,the construction and interpretation of terms,conditions,and restrictions imposed by
Page 4 of 49
Packet Pg. 1623
D.3.d
this Lease and the foregoing Workforce Housing Restriction(s) shall be made in favor of
ensuring that long-term workforce housing benefits for the respective housing resources
inure to the benefit of Monroe County. '
"Workforce Housing Unit"means the dwelling unit to be located on the Property in
accordance and in compliance with this Lease, including the Workforce Housing
Restriction. Preference shall be granted to qualified full-time employees of Lessor and/or
Lessee. The legal effectiveness and enforceability of such preference is contingent upon
approval of the Florida Department of Economic Opportunity, Florida Housing Finance
Corporation, and United States Department of Housing and Urban Development. The
parties each agree that 25 such units, all subject to the above-defined Workforce Housing
Restriction, shall be developed on the Property.
"Commencement Date"shall mean the date when Initial Lessee receives a Certificate
of Occupancy for the Workforce Housing Unit.
"Demised Premises" shall mean the property leased pursuant to this Lease for
development of the Workforce Housing Unit(s), more particularly legally described on
attached Exhibit"A."Lessee and Lessor agree that,with respect to the Key Largo(Atlantic
Boulevard)portion of the Demised Premises,no more than one-half of the land area legally y
described for that parcel shall be subj ect to this lease, and that Lessor shall retain the right
to more specifically delineate a lesser or greater area of that parcel(s)to be leased to Lessee
by a later amendment to this lease. Demised Premises,where the context requires and the
construction is most appropriate,shall also mean portions of the Demised Premises and any 0
improvements developed thereon.
"Effective Date"shall mean the date this Lease is fully executed and delivered by all E
parties and the date that the Lessee shall be entitled to begin to occupy the Demised
Premises for purposes of development and construction of the Project and property
management.
"Initial Lessee" means the Monroe County Housing Authority.
"Lease" shall mean this lease for the creation of the Workforce Housing Unit(s) on
the Demised Premises,as may be amended from time to time by the parties.It is expressly .
contemplated and intended by Lessor, as fee title holder to the Demised Premises, and
agreed to and accepted by Lessee(s), that any limitations, restrictions and/or other
covenants of any nature, whether established pursuant to this Lease or by the Workforce
Housing Restriction(s),be given the full force and effect of enforceable covenants running
with the land,equitable servitudes and all other cognizable legal and equitable real property
conventions so as to ensure the overall public workforce housing purposes intended to be
served, including appropriate application of cumulative enforcement theories.
N
"Lease Year" shall mean the twelve (12) month period beginning on the
Commencement Date and each twelve(12)month period thereafter throughout the Term of E
this Lease.
Page 5 of 49 Packet Pg. 1624
"Lessor"means the BOARD OF COUNTY COMMISSIONERS OF MONROE 2
COUNTY, FLORIDA, or its assigns or designees. Where the context requires, "Lessor"
may be construed mean an agency or party designated by the Lessor. ,
"Lessee" means the Initial Lessee and its successors and assigns, including any
Lessor-authorized Association(s) created by Initial Lessee for the Unit tenants, if any, as
well as the individual Unit tenants.
"Project" shall mean the required development of the Demised Premises for
workforce housing units for qualified tenant occupants,primarily the required construction
of such units as set forth in Article XIV,but also including related infrastructure,securing
of required development approvals and permits, financing for the construction of the
Workforce Housing Unit(s), and marketing of the Workforce Housing Unit(s).
"Related Agreements"shall mean any purchase and sale or other agreement entered
into with Monroe County contemporaneously and in conjunction with this Lease.
2
"Rent" shall mean any sum of money due to the Lessor under this Lease for any
reason.The term"Rent"as used herein,shall not be misconstrued as authorizing any rental
use other than that descriptively authorized within the body of this lease, and shall not be 0
misconstrued to preclude definition and distinguishing of rent,rental rates,and other such
terms as may be provided for in Subleases.
"Sublease" shall mean any combination of instruments that grant, convey or
otherwise transfer a possessory use and/or possessory interest to any portion of the
Demised Premises,including,upon Lessor's subsequent express authorization of rental use
and rental-occupancy of the Workforce Housing Unit(s), such authorize(d) rental W
agreement(s)with tenants or renters of a Workforce Housing Unit(s) (which may be more
particularly discussed herein or in the Workforce Housing Restriction(s).The title or exact
nomenclature used to describe such instruments may vary to suit particular circumstances
and shall lie within Initial Lessee's reasonable discretion and still remain within the
meaning herein intended. It is intended that the term Sublease encompasses such
instruments that effectuate qualified end-user, possession, and/or use of Workforce
Housing Unit developed on the Demised Premises.
"Sublessee" or shall be broadly and liberally construed so as to mean an individual
Workforce Housing Unit tenant who,as of the date such person acquires or renews his/her
interest in the Workforce Housing Unit,and qualifies,as applicable,under the Workforce
Housing Restriction.
"Term" shall mean the Commencement Date, and continuing for ninety-nine (99)
years thereafter, plus any agreed upon extension of this Lease, and unless otherwise
permitted by Lessor, all Subleases and rights or interests granted thereunder shall
terminate at the end of the Term.
Z
Page 6 of 49
Packet Pg. 1625
ARTICLE II
Demised Premises. '
Section 2 of Lessor's DEmise.Upon the terms and conditions hereinafter set forth,
and in consideration of the payment of the Rents and the prompt and full performance by
the Initial Lessee of these covenants and the terms and conditions of any Related
Agreements,to be kept and performed by the Initial Lessee,the Lessor does lease,let,and e
demise to the Initial Lessee (and permitted successor Lessees) and the "Initial Lessee"
hereby leases from the Lessor,the following described premises,situate,lying and being in
Monroe County, Florida: See attached Exhibit "A." Lessee and Lessor agree that, with
respect to the Key Largo (Atlantic Boulevard) portion of the Demised Premises, no more e
than one-half of the land area legally described for that parcel shall be subject to this lease,
and that Lessor shall retain the right to more specifically delineate a lesser or greater area of
a parcel to be leased to Lessee by a later amendment to this lease.
c
Section 2.02 Conditions. The demise is likewise made subject to the following:
a) Conditions, restrictions and limitations, if any, now appearing of
c
record;
bN The Monroe County Comprehensive Plan,the Monroe County Code of
Ordinances and Monroe County Land Development Code, and any other applicable
governmental body now existing or which may hereafter exist by reason of any legal 2
authority during the Term of this Lease; and
(c) The proper performance by the Lessee of all of the terms and E
conditions contained in this Lease, the Workforce Housing Restriction(s) and Related
Agreements, if any.
ARTICLE III
Term
Section 3.oi.Term.To have and to hold the Demised Premises for a term of ninety- .-.
nine (99) years commencing on the Commencement Date, and ending ninety-nine (99)
years thereafter,both dates inclusive,unless sooner terminated,or extended,as hereinafter E
provided(the"Termination Date"). Lessee shall be given possession on the Effective Date
and the terms and conditions set forth herein shall be binding on the parties as of the
Effective Date. Lessee shall have the right to occupy the Demised Premises as of the
Effective Date in order to allow Lessee to commence construction,as well as other activities
related to the development and construction of the Project.As herein set forth, the Term
will not commence until the Workforce Housing Unit(s)is/are completed and a Certificate
of Occupancy has been issued for said unit(s).
Section 3 02 Renewal.O:pti6h. So long as Lessee is not then in default under this
Lease, Lessee shall have the option to renew this Lease for an additional ninety-nine
Page 7 of 49 Packet Pg. 1626
(99)year period by providing written notice of its election to renew this Lease to Lessor
no less than three (3) months prior to Termination Date. The terms, conditions, and
conditions of the renewal term shall be the same as under this Lease.
ARTICLE IV
Rent
Section A.Ui Annual $ase_Rent. Lessee covenants and agrees to pay to Lessor
promptly when due, without notice or demand, and without deduction or offset,Annual
Base Rent throughout the Term of this Lease beginning on the Commencement Date,in the
amount of Ten Dollars ($io.00) per Lease Year or partial Lease Year. Lessee shall pay to
Landlord said Annual Base Rent upon Commencement of the lease and on the first day of
the second month of each Lease Year throughout the term of this Lease.
Section 4.02. All amounts payable under Section 4.ol hereof, as well as all other U
amounts payable by Lessee to Lessor under the terms of this Lease, shall be payable in
lawful money of the United States which shall be legal tender in payment of all debts and
dues,public and private,at the time of payment, each payment to be paid to Lessor at the
address set forth herein or at such other place within the continental limits of the United
States as Lessor shall from time to time designate by notice to Lessee. Except for any
income tax payable by the Lessor, Lessee shall pay any and all taxes, including any local
surcharge or other tax, on the Rent payable pursuant to this Lease in addition to the sums
otherwise set forth herein.
2
Section 4.03.It is intended that the Rent shall be absolutely net to Lessor throughout
the Term,free of any taxes,costs,utilities,insurance expenses,liabilities,charges or other
deductions whatsoever, with respect to the Demised Premises and/or the ownership,
leasing, operation, maintenance, repair, rebuilding, use or occupation thereof.
Section 4.04.All amounts payable by Lessee to,Lessor under any of the provisions of
this Lease, if not paid when due as provided for in this Lease, shall bear interest at the
highest rate allowable under Florida law from the time they become due until paid in full by
Lessee. In addition, Lessee shall pay a late fee in the amount of ten (w%) percent of any
amount due from Lessee to Lessor which is not paid within ten (1o) days of the payment
due date for any sums due for Rent and within thirty(3o)days for any other sums due from �-
Lessee pursuant to this Lease; provided, however, such payment shall not excuse or cure
any default by Lessee under this Lease. It is agreed by the parties hereto that Lessee shall E
reimburse Lessor for collection charges incurred as a result of the overdue Rent which may
include but shall not be limited to related attorneys' fees, regardless of whether suit is
brought. Such late fee shall be in addition to any interest payable by Lessee as set forth
herein from Lessee's failure to pay any Rent due hereunder. In the event that any check,
bank draft, order for payment or negotiable instrument given to Lessor for any payment
under this Lease shall be dishonored for any reason whatsoever not attributable to Lessor,
Lessor shall be entitled to charge Lessee an administrative charge for dishonored checks
pursuant to law. In addition,Lessor shall be reimbursed by Lessee for any costs incurred by
Lessor as a result of a payment instrument being dishonored(e.g.,legal fees).
Page 8 of 49
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D.3.d'.
ARTICLE V
Non-Subordination
ca
.Section Non-Subordination. Notwithstanding anything to the contrary
contained in this Lease, the fee simple interest in the Demised Premises shall not be
subordinated to any leasehold mortgage,lien or encumbrance of any nature without written
permission of the Lessor and Lessee.Furthermore,the Lessor's right to receive payment or
performance under the terms of this Lease or adherence to any of its conditions or to the
Workforce Restriction(s)(or performance under or adherence to the terms of any Sublease
or related instrument)shall not be subordinated to any debt or equity financing,leasehold
mortgage,lien,encumbrance or obligation of any nature without written permission of the
Lessor and Lessee.
ARTICLE VI ca
Payment of-Ta.xes.and Utilities,
Secti on.6.oi Lessee's Obligations. From the Effective Date to the Commencement
Date and as additional Rent during the Term of the Lease, the Lessee shall pay and y
discharge, as they become due, promptly and before delinquency, all taxes, assessments,
water and sewer rents, rates and charges,transit taxes,charges for public utilities,excises,
levies, licenses and permit fees and other governmental charges (annual easement fee),
general and special,ordinary and extraordinary,unforeseen and foreseen,of any kind and
nature whatsoever,which at any time during the Term of this Lease may be assessed,levied,
confirmed, imposed upon, or grow or become due and payable out,of or in respect of, or
become a lien on,the Demised Premises,or otherwise arise out of the revenues received by
the Lessee from the sale or rental of the Workforce Housing Units to Sublessees, or be
associated with any document (to which the Lessee is a party) creating or transferring an
interest or estate in the Demised Premises.With regard to special assessments,if the right
is given to pay either in one sum or in installments, Lessee may elect either mode of
payment and Lessee's election shall be binding on Lessor.
The Lessor shall establish an operating deficit reserve account that shall be funded by
20%of the annual cash flow of the project,as determined by the annual audit.All payments �-
required for operational expenses shall be made from the project operating account for the
CDBG-DR project. If at any time the remaining balance of said account is or will be
insufficient to meet the payables due, the Lessee shall use the operating deficit reserve
account to cover all expenditures.At such future time as the project operating account has
surplus cash flow,the project operating deficit reserve account shall be replenished in the
exact amount it was reduced to cover the withdrawals made from this account.
Section 6.02 bbliga6ons.Altered. Nothing herein shall require the Lessee to pay
municipal, state, or federal income taxes assessed against the Lessor, municipal, state, or
federal capital levy, estate, gift, succession, inheritance or transfer taxes of the Lessor, or E
Lessor's legal representative,corporate franchise taxes imposed upon any corporate owner
of the fee of the Demised Premises;provided,however,that if at anytime during the term of
Page 9 of 49 Packet Pg. 1628
this Lease the methods of taxation prevailing at the commencement of the term hereof shall
be altered so as to cause the whole or any part of the taxes,assessments,levies,impositions
or charges now levied, assessed and imposed, wholly or partially as a capital levy, or
otherwise, on the rents received therefrom, or of any tax, corporation franchise tax,
assessments, levy (including, but not limited to any municipal, state or federal levy),
imposition or charge,or any part thereof,shall be measured by or based in whole or in part
upon the Demised Premises and shall be imposed upon the Lessor, then all such taxes,
assessments,levies,impositions or charges,or the part thereof so measured or based,shall
be paid and discharged by the Lessee. All rebates on account of any taxes, rates, levies,
charges or assessments required to be paid shall belong to Lessee.
iSecti 6 o3 Mode of Payment. The Lessee (and any Sublessee, as to their specific
interests in the Demised Premises)shall pay the taxes and other charges as enumerated in
this Article VI and shall deliver official receipts evidencing such payment to the Lessor
(Sublessees shall only deliver receipts as may be required by the Housing Restriction(s)),
which payment of taxes shall be made and the receipts delivered, at least thirty(3o) days
before the tax, itself, would become delinquent in accordance with the law then in force
governing the payment of such tax or taxes. If, however, the Lessee desires to contest the
validity of any tax or tax claim, the Lessee may do so without being in default hereunder,
provided the Lessee gives the Lessor notice of the Lessee's intention to do so and furnishes W
the Lessor or the applicable governmental agency with a bond with a surety made by a
surety company qualified to do business in the State of Florida or pays cash to a recognized
escrow agent in Monroe County,one and one half(11/2)times the amount of the tax item or
items intended to be contested, conditioned to pay such tax or tax items when the validity
thereof shall have been determined,and which written notice and bond or equivalent cash
shall be given by the Lessee to the Lessor,not later than sixty(6o)days before the tax item
or items proposed to be contested would otherwise become delinquent. W
.Section 6 04 Lessee's Default:If the Lessee shall fail,refuse or neglect to make any of
the payments required in this Article,then the Lessor may,but shall not be required to,pay
the same and the amount or amounts of money so paid,including reasonable attorneys'fees
and expenses which might be reasonably incurred because of or in connection with such
payments, together with interest on all such amounts, at the highest rate allowed by law
shall be repaid by the Lessee to the Lessor,upon the demand of the Lessor,and the payment
thereof may be collected or enforced by the Lessor in the same manner as though such W
amount were an installment of Rent specifically required by the terms of this Lease to be
paid by the Lessee to the Lessor,upon the day when the Lessor demands repayment thereof
or reimbursement therefor of and from the Lessee; but the election of the Lessor to pay
such taxes shall not waive the default thus committed by the Lessee. Notwithstanding the
foregoing, Lessee shall have the right to contest any taxes and assessments levied against
Lessee in accordance with Section 6.04, above; and provided Lessee files the appropriate
documentation to contest said tax or assessment,Lessee shall not be in default of this Lease
or obligated to pay any interest or other penalties to Lessor. Nothing herein shall be
construed to prevent or inhibit the assessment measures and collection remedies lawfully
available to any taxing authority. _ a
Section 6 0s Stiblesse& Default. If a Sublessee shall fail, refuse or neglect to make
Page io of 49
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any of the payments required in this Article,then the Lessor may,but shall not be required
to, pay the same, and the amount or amounts of money so paid, including reasonable
attorneys' fees and expenses which might be reasonably incurred because of or in
Ca
connection with such payments,together with interest on all such amounts,at the highest
rate allowed by law shall be repaid by the Sublessee to the Lessor,upon the demand of the
Lessor, and the payment thereof may be collected or enforced by the Lessor in the same
manner as though such amount were an installment of Rent specifically required by the
terms of this Lease to be paid by the Sublessee to the Lessor,upon the day when the Lessor e
demands repayment thereof or reimbursement therefor of and from the Sublessee;but the
election of the Lessor to pay such taxes shall not waive the default thus committed by the
Sublessee. Notwithstanding the foregoing, Sublessee shall have the right to contest any
taxes and assessments levied against Sublessee; and provided Sublessee files the e
appropriate documentation to contest said tax or assessment, Sublessee shall not be in
default of this Lease or obligated to pay any interest or other penalties to Lessor. Nothing
herein shall be construed to prevent or inhibit the assessment measures and collection ca
remedies lawfully available to any taxing authority.
2
c
Section 6.06 'Proration. The foregoing notwithstanding, the parties hereto
understand and agree that the taxes for the first year(beginning on the Effective Date)and
the last year of the Term shall be prorated proportionately between the Lessor and the
Lessee.
Section 6:oZ Appraiser to. Respect Efffe -t of Affordable Workforce Housiixg
Restrictions. It is the intent of the parties that any appraisal of any portion of the Demised 0
Premises for taxation,public assessment or utility service purposes fully reflect the effect of
this Lease and the affordable Workforce Restrictions on the lawfully realizable value of
relevant portion(s) appraised, or where permissible by state law, "income approach" or
other method of calculation.
ARTICLE VII
Mechanic's Liens
c
Section Zbi-No Lien. Neither the Lessee nor any Sublessee shall have the power to <
subject the interest of the Lessor in the Demised Premises to any mechanic's or
materialmen's lien of any kind whether or not the improvements are made with the consent 0)
of the Lessor. In accordance with the applicable provisions of the Florida Mechanic's Lien
Law and specifically Florida Statutes, Section 713.1o, no interest of the Lessor in the
Demised Premises or in the underlying land shall be subject to liens for improvements
made by Lessee,and Lessee shall notify any contractors,materialmen,subcontractors and
other persons working on such improvements of this provision.Neither the Lessee nor any
Sublessee shall permit or suffer to be filed or claimed against the interest of the Lessor in
the Demised Premises during the continuance of this Lease any lien or claim of any kind,
and if such lien be claimed or filed, it shall be the duty of the Lessee, or the Sublessee, to
which the lien or claim is attributable, or both, within thirty(3o) days after the Lessee or
Sublessee shall have been given written notice of such a claim,either by payment or by the
posting of bond or by the payment to a court of competent jurisdiction of the amount
Page 11 of 49 Packet Pg. 1630
D.3.d
necessary to relieve and release the relevant portion of the Demised Premises from such
claim, or in any manner which, as a matter of law,will result, within such period of thirty
(3o)days,in releasing the Lessor and the title of the,Lessor from such claim;and the Lessee
covenants and agrees,with respect to any lien or claim attributable to it,within such period
of thirty (3o) days, so as to cause the affected portion of the Demised Premises and the
Lessor's interest therein to be released from the legal effect of such claim.
Section 7.02 Release of-Lkii. Neither the Lessee nor any Sublessee shall permit or
suffer to be filed or claimed against the interest of the Lessor in the Demised Premises
during the continuance of this Lease any lien or claim of any kind, and if such lien be
claimed or filed, it shall be the duty of the Lessee, or the Sublessee, to which the lien or
claim is attributable,or both,within thirty(3o)days after the Lessee or Sublessee shall have
been given written notice of such a claim having been filed,to cause the respective portion
of the Demised Premises to be released from such claim, either by payment or by the
posting of bond or by the payment to a court of competent jurisdiction of the amount
necessary to relieve and release the relevant portion of the Demised Premises from such
claim, or in any other manner which, as a matter of law,will result,within such period of
thirty(3o)days,in releasing the Lessor and the title of the Lessor from such claim;and the a
Lessee covenants and agrees,with respect to any lien or claim attributable to it,within such
period of thirty(3o) days,so as to cause the affected portion of the Demised Premises and
the Lessor's interest therein to be released from the legal effect of such claim.
J
Section 7 o3-;Lessee's Default.If the Lessee shall fail,refuse,or neglect to perform its
obligations as required in this Article,then the Lessor may,but shall not be required to,pay
any sums required to cause the Demised Premises and the Lessor's interest therein to be
released from the legal effect of such claim and the amount or amounts of money so paid,
including reasonable attorneys' fees and expenses which might be reasonably incurred
because of or in connection with such payments,together with interest on all such amounts
at the highest rate allowed by law, shall be repaid by the Lessee to the Lessor, upon the
demand of the Lessor, and the payment thereof may be collected or enforced by the Lessor
in the same manner as though such amount were an installment of Rent specifically
required by the terms of this Lease to be paid by the Lessee to the Lessor, upon the day �-
when the Lessor demands repayment thereof or reimbursement therefor of and from the
Lessee;but the election of the Lessor to pay such amount shall not waive the default thus
committed by the Lessee. a
Sectiton 7 04 Sublessees.Default. If the Sublessee shall fail, refuse, or neglect to
perform its obligations as required in this Article, then the Lessor may, but shall not be
required to,pay any sums required to cause the Demised Premises and the Lessor's interest
therein to be released from the legal effect of such claim and the amount or amounts of
money so paid, including reasonable attorneys' fees and expenses which might be
reasonably incurred because of or in connection with such payments,together with interest
on all such amounts at the highest rate allowed by law, shall be repaid by the Sublessee to
the Lessor, upon the demand of the Lessor, and the payment thereof may be collected or
enforced by the Lessor in the same manner as though such amountwere an installment of
Rent specifically required by the terms of this Lease to be paid by the Sublessee to the
Lessor, upon the day when the Lessor demands repayment thereof or reimbursement
V
Page 12 of 49
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therefor of and from the Sublessee;but the election of the Lessor to pay such amount shall
not waive the default thus committed by the Sublessee.
ARTICLE VIII
c�
Governm4 z1-aw,Cumulative Remedies
Section 8.o1:.Goyerning Law.All of the rights and remedies of the respective parties
relating to or arising under this instrument and any related documents shall be governed by
and construed under the laws of the State of Florida,and the FHFC RFA and development
agreement.
Section 8.02.Cumulative Remedies.All rights and remedies accruing to the Lessor
shall be assignable in whole or in part and be cumulative; that is, the Lessor may pursue
such rights as the law and this Lease afford to it in whatever order the Lessor desires and
the law permits. Lessor's resort to any one remedy in advance of any other shall not result
in waiver or compromise of any other remedy.
ARTICLE IX
Indemnification of Lessor
Section 9.o1 Indemnification by Lessee.During the Term of the Lease,and from the o_._ _ .
Effective Date to the Commencement Date during which Lessee shall be entitled and a
obligated to maintain site control of and insurance for the Demised Premises for
construction of the Workforce Housing Unit(s), Lessee shall indemnify, defend, and hold
and save harmless the Lessor against any and all claims, debts, demands or obligations
which may be made against the Lessor or against the Lessor's title in the Demised Premises,
arising out of,or in connection with,or in any way related to the Demised Premises,except E
for any claims,debts,demands,or obligations which may be caused by the gross negligence
or willful misconduct of Lessor. If it becomes necessary for the Lessor to respond to any
claim,demand or unanticipated matter or to defend any action seeking to impose any such >
liability not caused by the gross negligence or willful misconduct of Lessor,the Lessee will
pay the Lessor all costs and reasonable attorneys' fees incurred by the Lessor in effecting
and preparing for such response or defense in addition to any other reasonable sums which
the Lessor may be called upon to pay by reason of the litigation,adversarial administrative
proceedings, or entry of a judgment against the Lessor in any case or matter in which such E
claim is asserted.
Lessor shall not be liable to Lessee, or to Lessee's assignees or Sublessees or their
employees, agents, contractors, guests, or invitees, for any death, injury, or damage to 9
person or property in, about or relating to the Demised Premises. Lessee, on its and its
assignees' and their successors in interests'behalves, including any future Sublessees, or
grantees or licensees of the Initial Lessee, or any guests, invitees or tenants of any of the
foregoing, hereby assumes and covenants for its own and their own acceptance of sole
responsibility and liability to all persons for death, injury or damage related to or arising
from the possession, ownership, occupancy and for use of any portion of the Demised
Page 13 of 49 Packet Pg. 1632
D.3.d
Premises, and also, for all such future occupants, owners, Lessee, Sublessees, tenants,
guests,invitees and licensees,waives and releases forever all claims,demands and causes of
action against Lessor and its officers, employees, agents, successors, assigns, contractors
and representatives for loss of life or injury to person or property, of whatever nature.
Sechon A o2'Insurance. On the Effective Date the Lessee shall cause to be written o
and put in full force and effect a policy or policies of insurance as noted in Article X insuring
the Lessee against any and all claims and demands made by any person or persons
whomsoever for death, injuries or damages received in connection with the possession,
operation and maintenance of the Demised Premises. All such policies shall name the
Lessee and the Lessor(and any lender holding a mortgage on the fee simple or leasehold of
the Demised Premises),as their respective interests may appear,as the persons insured by
such policies.Any loss adjustment shall require the written consent of both the Lessor and
Lessee.
a
Section 9:03 Policy Limit tang .The policy limits for the comprehensive liability �
insurance may reviewed by Lessor every five (5) years and adjusted upward, if, in the
reasonable discretion of Lessor such increase in coverage is prudent or if similar projects
have begun to require greater insurance coverage.
0
ARTICLE X
J
.Insurance. �
0
Section io.oi:Pigbgj- ,-Insurance.From and after the Effective Date,the Lessee will
keep insured any and all buildings and improvements upon the Demised Premises against
all loss or damage by fire, flood and windstorm, together with "all risks" "extended W
coverage,"which said insurance will be maintained in an amount sufficient to prevent any
party in interest from being or becoming a co-insurer on any part of the risk,which amount
shall not be less than the full replacement cost value of the relevant portions of the Demised
Premises, and all of such policies of insurance shall include the name of the Lessor as an
additional insured and loss payee and shall fully protect both the Lessor and the Lessee as
their respective interests may appear. In the event of destruction of buildings or ;
improvements by fire, flood, windstorm or other casualty for which insurance shall be 2
payable and as often as such insurance money shall have been paid to the Lessor and the
Lessee,said sums so paid shall be deposited in a joint account of the Lessor and the Lessee
in a bank mutually designated by the Lessor and Lessee and located in Monroe County,and
may be made available to the Lessee for the construction or repair (including any
modification to the improvements sought by the Lessee and approved in writing by the
Lessor), as the case may be, of any building or buildings damaged or destroyed by fire,
flood,windstorm or other casualty for which insurance money shall be payable and may be
paid out by the Lessor and the Lessee from said joint account from time.to time on the
estimate of any reliable architect licensed in the State of Florida officially overseeing of such
reconstruction and repair, certifying that the amount of such estimate is being applied to
the payment of the reconstruction or repair and at a reasonable cost therefor; provided,
however,that the total amount of money necessary for the reconstruction or repair of any
building or buildings destroyed or damaged has been provided by the Lessee.for such
V
Page 4 of 49
Packet Pg. 1633
purpose and its application for such purpose assured.
While the Project,or any replacement thereof, is in the course of construction, and
ca
whenever appropriate while any alterations are in the course of being made,the aforesaid
fire and extended coverage insurance shall be carried by Lessee in builder's risk form
written on a completed value basis.
In the event of the destruction or damage of the improvements located on the
Demised Premises, or any part thereof, and as often as any portion of said Demised
Premises shall be destroyed or damaged by fire, flood, windstorm or other casualty, the
Lessee shall,within fifteen(15)months(or twenty-four(24)months fora substantially total
loss) from the date of such damage or destruction, rebuild and repair the same in such
manner that the buildings or improvements so rebuilt and repaired, and the personal
property so replaced or repaired, shall be of the same or of a value higher than were the
buildings or improvements and the personal property prior to such damage or destruction, ca
and Lessee shall diligently prosecute the reconstruction or repairs without delay and have
the same rebuilt and ready for occupancy as soon as reasonably possible after the time when
the loss or destruction occurred. The 15-month period(or twenty-four(24) month period
for a substantially total loss)for reconstruction shall be enlarged by delays caused without
fault or neglect on the part of the Lessee,by act of God,strikes,lockouts,or other conditions y
(other than matters of refinancing the property) beyond the Lessee's control.
Notwithstanding the foregoing, and only with respect to insurance proceeds,the provisions
of any leasehold mortgage substantially comporting with customary institutional lending
industry standards and the foregoing Lessor's interests shall control as to the use and 0
disbursement of insurance funds for reconstruction of the improvements in the event of any
casualty or damage to such improvements.
Notwithstanding anything to the contrary in the immediately preceding paragraph,
in case of destruction of all of the improvements on the Demised Premises from any cause
so as to make the Workforce Housing Unit untenantable occurring during the last ten(1o)
years of the Term of this Lease,Lessee,if not then in default under this Lease and if there is
no encumbrance on the Lessee's interest in the Demised Premises, may elect to terminate
this Lease by written notice to Lessor within thirty (30) days after the occurrence of the
destruction.In the event of termination,there shall be no obligation on the part of Lessee to
restore or repair the improvements on the Demised Premises,nor any right of the Lessee to --
receive any proceeds collected under any insurance policies covering the improvements.If
Lessee elects not to terminate this Lease in the event of destruction during the last ten(1o) E
years of this Lease,the proceeds of all insurance covering the improvements shall be made
available to Lessee for repairs, and Lessee shall be obligated to repair as set forth above.
Section 10.02 Commercial General Liability. Insurance. The Initial Lessee shall "
maintain Commercial General Liability Insurance beginning on the Effective Date and
continuing during the entire Term of this Lease with minimum limits of$1,000,000 per
occurrence. The Commercial General Liability Insurance shall cover those sources of
liability which would be covered by the latest edition of the standard Commercial General
Liability Coverage Form [ISO Form CG oo-oi] as filed for use in Florida without the
attachment of restrictive endorsements other than the elimination of medical payments and
Page 15 of 49 Packet Pg. 1634
fire damage legal liability.
General Aggregate $1,000,000
[For bodily injury, personal injury, and property damage] ca
Products/Completed Operations $1,000,000
[coverage for one (1)year after project completion]
0
Each Occurrence $11000,000
Contractual Liability $1,000,000
0
Additional Named Insured: Lessor,or its assigns or designees, as from time to time
designated by written notice to Lessee,shall be included as an additional insured and shall
be named as a loss payee for Commercial General Liability. 0
W
Lessee, at Lessee's expense, shall maintain the insurance required by the Lease.
0
Section io:,o3 Environmental Impairment Resgonsibihty. The Lessee and/or its
0
contractors acknowledge that the performance of�W's Lease is, or may be, subject to y
Federal, State and local laws and regulations enacted for the purpose of protecting,
preserving or restoring the environment.The Lessee shall, at the sole cost of the Lessee or
its contractors,be responsible for full compliance with any such laws or regulations.
2
Section 10 04 Other Insurance. Lessee shall maintain such other insurance and in
such amounts as may from time to time be reasonably required by the Lessor against other
insurable hazards which at the time are commonly insured against in the case of 0)
construction of buildings and/or in the case of premises similarly situated,due regard being
or to be given to the location, construction, use and occupancy. In the event the Lessee E
believes the Lessor's requirement for such additional insurance is unreasonable the
reasonableness of Lessor's request shall be determined by mediation according to the rules
of, at Lessor's election, the Sixteenth Judicial Circuit in Monroe County, Florida. Such
determination as to the requirement of coverage and the proper and reasonable limits for
such insurance then to be carried shall be binding on the parties and such insurance shall be
carried with the limits as thus determined until such limits shall again be changed pursuant <
to the provisions of this Section.The expenses of such determination shall be borne equally
by the parties.
Section ioo6 Damages; Insurance Proceeds,. ,:Joint Bank Account., Absent
circumstances reasonably excused under the conditions set forth in paragraph 14.03,in the
case of the Lessee not entering into the reconstruction or repair of the building or buildings
within a period of six (6) months from the date of payment of the loss, after damage or
destruction occasioned by fire,windstorm,flood or other cause,and diligently prosecuting
the same with such dispatch as may be necessary to complete the same in as short a period
of time as is reasonable under the circumstances after the occurrence of such damage or
destruction, then the amount so collected, or the balance thereof remaining in the joint
account, as the case may be,shall be paid to the Lessor and it will be at the Lessor's option
Page 16 of 49
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D.3.d'.
to terminate the Lease, unless terminated by Lessee within the last ten (1o) years of the
Lease as set forth above, and retain such amount as liquidated and agreed upon damages
resulting from the failure of the Lessee to promptly, within the time specified, complete
such work of reconstruction and repair. '
Ca
Section c io:06 Proceeds Payable to Mortgagee. If any mortgagee holding a lawful
mortgage lawfully created pursuant to the provisions of Article XV elects, in accordance
with the terms of such mortgage,to require that the proceeds of any casualty insurance be
held by and paid out by the mortgagee,then such payment may be made,but in such event,
it shall still be obligatory upon the Lessee to create the complete fund with the leasehold
mortgagee in the manner set forth in this Article to assure complete payment for the work
of reconstruction and repair.Any mortgagee holding insurance proceeds shall require that
such proceeds are properly used to ensure repairs,but any mortgagee shall not be liable for
misuse of funds by Sublessee or Lessee.
moneysece�ed from nsuan ce remaining in the jo n t bank a Bountank A�unt. Any excess of
after the reconstruction W
or repair of such building or buildings, if the Lessee is not in default, shall be paid to the
Lessee.Absent circumstances reasonably excused under the conditions set forth in Section
14.03,in the case of the Lessee not entering into the reconstruction or repair of the building
or buildings within a period of six (6) months from the date of payment of the loss, after y
damage or destruction occasioned by fire,windstorm, flood or other cause, and diligently
prosecuting the same with such dispatch as may be necessary to complete the same in as
short a period of time as is reasonable under the circumstances after the occurrence of such
damage or destruction,then the amount so collected, or the balance thereof remaining in 0
the joint account,as the case may be,shall be paid to the Lessor and it will be at the Lessor's
option to terminate the Lease,unless terminated by Lessee within the last ten(1o)years of
the Lease as set forth above, and retain such amount as liquidated and agreed upon
damages resulting from the failure of the Lessee to promptly, within the time specified,
complete such work of reconstruction and repair.
Section mob Direct.Repaym_ ent. The foregoing notwithstanding, in the event the
insurance proceeds are the sum of one hundred thousand dollars ($100,000.00) or less,
then such proceeds shall be paid directly to the Lessee without the necessity of creating the
joint bank account, and Lessee shall use such funds to make the replacements or repairs.
Lessee shall provide proof satisfactory to Lessor that repairs are completed as required �-
within fifteen (15)months from the date of such damage or destruction,unless said period
is enlarged by delays caused without fault or neglect on the part of the Lessee.
Section io.oA General Reguireznents.All insurance to be provided by Lessee under
this Lease shall be effected under valid and enforceable policies in such forms, issued by
insurers of recognized financial responsibility qualified to do business in Florida which have
been approved by Lessor.All policies of insurance provided for in this Article shall,to the
extent obtainable,contain clauses or endorsements to the effect that(i)no act or negligence
of Lessee or anyone acting for Lessee or for any Sublessee or occupant of the Demised
Premises which might otherwise result in a forfeiture of such insurance or any part thereof E
shall in any way affect the validity or enforceability of such insurance insofar as Lessor,and
Page 17 of 49
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D.3.d
that (ii) such policy of insurance shall not be changed or cancelled without at least thirty
(3o) days written notice to the Lessor, and that(iii) the Lessor shall not be liable for any
premiums thereon or subject to any assessments thereunder.
_Section 16A Subsequent Lessees, -Assi r eest
Sublessees:__.and:.._;Grantees:.,
Notwithstanding anything contained herein to the contrary, if applicable, in the event an
authorized Association chooses not to obtain insurance coverage to protect against loss or
damage by fire, flood and windstorm for the individual Workforce Housing Units and
therefore does not charge the Sublessees for said coverage as part of the Association fees to
be paid by,the individual Unit Owners (if this project is expressly authorized as a home-
ownership project); then, in such event Sublessees shall secure the above-described
insurance coverage for their individual Workforce Housing Units.Therefore,Lessor shall be
entitled to require replacement cost and other customary and reasonable insurance
coverage(s) at least but only to the full replacement value of any Sublessees' and/or any
governing Association's insurable interest in the Demised. Premises. Any parties who
subsequently become holders of any title or possessory interest to a portion of the Demised
Premises, shall upon request provide, in a form satisfactory to Lessor,proof of customary
and reasonable insurance adequate and sufficient to cover and protect all interests of the
Lessor as set forth in this Article X, at least to the extent and value of that subsequent
interest holder's insurable interest. The same or similar procedures for the use and
application of insurance proceeds as set forth above may be required for subsequent �
interest holders and the same remedies available to Lessor for Initial Lessee's failure to
comply with such insurance requirements shall be available to Lessor with respect to any
future interest holders.Future interest holders(including all Sublessees)shall name Lessor
as an additional insured and as a loss payee on any required insurance policies. a
0
Section. 1o.11 Additional Insured and Loss Payee. Lessor shall be named as an
additional 'insured and as a loss payee on all policies issued to satisfy the above
requirements of Article X.
ARTICLE XI
Insurance Premiums
Section 11.01 Insurance Premiums. The Lessee shall pay premiums for all of the
insurance policies which the Lessee is obligated to carry under the terms of this Lease.In
the event Lessee fails to obtain and pay for the necessary insurance, Lessor shall have the
right,but not the obligation,without notice to Lessee,to procure such insurance and/or pay
the premiums of such insurance,in which case Lessee shall repay Lessor immediately upon
demand by Lessor as additional Rent.The Lessor shall have the same rights and remedies
with respect to procurement of such insurance and/or payment of such insurance
premiums in the event a future subsequent partial interest holder (e.g., Sublessee,
Association (if applicable)) fails to obtain and pay for the necessary insurance.
N
E
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Page 18 of 49
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D.3.d
ARTICLE XII
As�si�nnient/Transfer
Section x2 o Assignment by.Initial Lessee.Without the written consent of Lessor, a
Initial Lessee shall not assign or sublet any portion of the Demised Premises, or change
management of the Demised Premises, except as otherwise expressly provided herein.
Notwithstanding the foregoing, Lessor acknowledges and agrees that the affordable
Workforce Housing Unit(s) is/are to be developed as a unit(s)for workforce housing.
Any Lessor-authorized assignment or sublet, must contain the provisions for the
Workforce Housing Restriction(s), as set forth in this Lease.
8ectz6-n.12 "2 Initial Lessee1.Intlal:Affordable'.;'WloMkforce'Flousing Renfial. Initial
Lessee shall be authorized to rent the Workforce Housing Unit to individuals qualified to 0
rent the Workforce Housing Unit and subject to all other CDBG-DR program requirements.
Notwithstanding anything contained herein to the contrary,all Sublessees and occupants of
such Workforce Housing Unit(s)shall meet the requirements under the Workforce Housing
Restriction(s)and all other CDBG-DR program requirements,adjusted for family size,and
any other applicable workforce housing restrictions. Initial Lessee shall upon Lessor's
request provide verification in the same form and manner as required by the FHFC on an
annual basis that sublessees and tenants for the Workforce Housing Unit meet and satisfy
the requirements herein.
Section .i 0g Assignment jTransfer by Lessee:At such time as any Lessee desires to
sell or otherwise transfer their interests in the Workforce Housing Unit,and(if applicable)
where Lessor, subsequent to the effective date of this Lease, expressly and in writing .
consents to the assignment, rental, rental use, rental occupancy, or subletting of the
Workforce Housing Unit(s) or interests, such Lessee shall be required to follow the
procedures set forth herein and any procedure that may be set forth in the Workforce
Housing Restriction(s), and any conveyance, transfer or other disposition and the
acceptance of such transfers shall be automatically deemed an agreement to the conditions
set forth herein.
Section.i2 04 Required:Notice:of ReArictions:.Any conveyance,lease,assignment,
grant or other disposition of any interest made with respect to any portion of the Demised
Premises,including but not limited to any recorded governing documents,shall contain the
following required Notice of Restrictions in a conspicuous location on the upper one-half of
the first page of the relevant instrument effectuating the interest in bold capital typed
letters greater than or equal to 14-point font:
NOTICE-OF--RESTRICTIONS.
N
ANY INSTRUMENT OF CONVEYANCE,LEASE,ASSIGNMENT,GRANT
OR OTHER DISPOSITION OF ANY INTEREST IN OR TO ANY PORTION OF
THE DEMISED PREMISES OR TO ANY IMPROVEMENTS ERECTED U
THEREON WILL BE SUBJECT TO CERTAIN RESTRICTIONS INCLUDING BUT
Page 19 of 49 Packet Pg. 1638
NOT LIMITED TO RIGHTS OF FIRST REFUSAL,USE,OCCUPANCY,INCOME,
MEANS, RESALE PRICE, RENTAL AND MORTGAGE LIMITATIONS,
INCLUDING BUT NOT LIMITED TO THOSE SET FORTH IN OFFICIAL ,
RECORDS BOOK _, PAGE _ OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA.
0
The book and page numbers of the first recorded page of this Lease and the first
recorded page of any other recorded documents affecting the respective portion of the
Demised Premises shall be set forth in the Notice of Restrictions. Any instrument of
conveyance, lease, assignment or other disposition made without following the notice
procedures set forth herein shall be void and confer no rights upon any third-person,
though such instruments may in some cases be validated by fully correcting them according
to procedures established by Lessor, as determined in Lessors sole discretion, so as to
ensure compliance with the public affordability purposes furthered by this Lease and the
Workforce Housing Restriction(s).
c�
Any rental agreement shall contain the following warning prominently set forth in
writing:
UYYSIGNING THIS RENTAL:AGREEMENT THE TENANT AGREES THAT
UPON SURRENDER OR ABANDONMENT,AS DEFINED BY CHAPTER 83
FLORIDA STATUTES, THE LESSOR SHALL NOT BE LIABLE OR
RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE LESSEE'S
PERSONAL.PROPERTY... . . :.. ..
Seetion i2.o5 QbtaiWi4 Qualified�_Tenants..If Lessee cannot find a suitable sub-
lessee or qualified tenant for the Workforce Housing Unit(s),Lessee shall notify Lessor who
may provide Lessee with a qualified person.
E
Section 2 0:6 Assignment by Lessor. This Lease shall be freely assignable by the
Lessor, and upon such assignment, the Lessor's liability shall cease and Lessor shall be
released from any further liability. In the event the ownership of the land comprising the
Leased Premises is conveyed or transferred(whether voluntarily or involuntarily)by Lessor
to any other person or entity, this Lease shall not cease, but shall remain binding and 2
unaffected.
ARTICLE XIII
Condemnation
Section 1.o1 Eminent Domain,Qn_cellation:If,at anytime during the continuance
of this Lease; the Demised Premises or any portion thereof is taken, appropriated or
condemned by reason of eminent domain,there shall be such division of the proceeds and
awards in such condemnation proceedings and such abatement of the Rent and other
adjustments made as shall be just and equitable under the circumstances.If the Lessor and
the Lessee are unable to agree upon what division, annual abatement of Rent or other
adjustments as are just and equitable, within thirty (3o) days after such award has been
2
Page 20 of 49
Packet Pg. 1639
D.3.d'.
made, then the matters in dispute shall be determined in accordance with mediation
according to the rules of the 16th Judicial Circuit in Monroe County. Such determination
made by the mediation shall be binding on the parties. If the legal title to the entire '
Demised Premises be wholly taken by condemnation,the Lease shall be cancelled.
Section 13-02 Apportionment;Although the title to the building and improvements
.placed by the Lessee upon the Demised Premises will on the Termination Date remain with
and/or pass to the Lessor,nevertheless,for purpose of condemnation,the deprivation of the
Lessee's use (and any use of a Sublessee) of such buildings and improvements shall,
together with the Term of the Lease remaining,be an item of damage in determining the
portion of the condemnation award to which the Lessee is entitled. In general, it is the
intent of this Section that, upon condemnation, the parties hereto shall share in their
awards to the extent that their interests, respectively, are depreciated, damaged, or
destroyed by the exercise of the right of eminent domain. In this connection, if the
condemnation is total,the parties agree that the condemnation award shall be allocated so 0
that the then value of the property, as though it were unimproved property, shall be
allocated to the Lessor, and the then value of the building or buildings thereon shall be
allocated between the Lessor and Lessee after giving due consideration to the number of
years remaining in the Term of this Lease and the condition of the buildings at the time of
condemnation. W
ARTICLE XIV
.Construction
0
Section W.61 Requirement to Consti utld roject.
L(al Lessee shall commence construction of the Workforce Housing Units on the
commencement date of this lease.All improvements depicted on the attached
Exhibits shall be completed. All improvements shall be made with the
required and appropriate building permits and to the standards of the Florida
Building Code. The foregoing limitation of time for the commencement or
completion of the Proj ect may be extended by written agreement between the
parties hereto.Lessee is responsible for all environmental remediation on the
Property and in the building(s)situated thereon using appropriately licensed <
contractors,whether disclosed in the environmental site assessment, if any,
prepared for the Property,or not disclosed,whether known or unknown,now E
or in the future.Lessee specifically agrees that the indemnification provisions
of this lease extend to and apply to this provision.
bN During the course of construction of the subject project,Lessee shall provide
to the Lessor written status reports on said project upon request by the
Lessor.The Lessor and Lessee,and the Lessee's agents and contractors,shall
allow and permit reasonable access to, and inspection of, all documents,
papers, letters, or other materials in their possession or under their control
where such records are subject to public disclosure under the provisions of
Chapter lig, Florida Statutes, or successor or supplemental statutes.
Page 21 of 49
Packet Pg. 1640
Lessee(s) (but not individual sub-lessees) shall maintain all records directly
pertinent to performance under this lease in accordance with Chapter ii9,
F.S., and in accordance with generally accepted accounting principles
consistently applied. The County Clerk, State Auditor, or a designee of said '
officials.
Lc) The County Clerk, State Auditor, or a designee of said officials or of the
Lessor, shall, during the term of this Agreement and for a period of five (5)
years from the date of termination of this Agreement,have access to and the
right to examine and audit any Records of the Lessee involving transactions
related to this Agreement.
The Project shall be constructed in accordance with the requirements of all
laws, ordinances, codes, orders, rules and regulations of all governmental
entities having jurisdiction over the Project.
(e) The Lessee shall apply for and prosecute, with reasonable diligence, all
necessary approvals, permits and licenses required by applicable
governmental authorities for the construction,development,zoning,use and
occupation of the subject project.Nothing in this lease is intended to or shall
be construed to obviate or lessen any requirements for customary
development approvals from any permitting authority,including the Lessor's. _
Nothing in this lease shall be construed as Lessor's delegation or abdication of
its zoning or comprehensive planning authority or powers and no zoning or
comprehensive planning approval that Lessee may require to complete its
performance under this lease has been or shall be deemed agreed to,
promised for, or contracted for, under this lease.
(f) Construction of the Project on the Demised Premises prior to and during the
Term of this Lease shall be performed in a good and workmanlike manner,
pursuant to written contracts with licensed contractors and in accordance
with any and all requirements of local ordinances and with all rules,
regulations and requirements of all departments, boards, officials and
authorities having jurisdiction thereof. It is understood and agreed that the
plans and specifications for all construction shall be prepared by duly
qualified architects/engineers licensed in the State of Florida.
At all times and for all purposes hereunder, the Lessee is an independent
contractor/lessee and is not an employee of Lessor or any of Lessor's agencies
or departments. No statement in this lease shall be construed to find the
Lessee or any of its employees, contractors, servants, or agents to be
employees of the Lessor, and they shall be entitled to none of the rights,
privileges or benefits of County employees. No covenant or agreement ,
contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent, or employee of the County or of the Lessee in his or
her individual capacity, and no member, officer, agent, or employee of the
County or of the Lessee shall be liable personally in any way in connection
with, arising out of, or related to this lease or be subject to any personal
Page 22 of 49
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D.3.d'.
liability or accountability by reason of this lease's execution.
Initial Lessee agrees that it will not discriminate against any employees,
applicants for employment, prospective Sublessees or other prospective
future subinterest holders or against persons for any other benefit or service
under this Lease because of their race,color,religion,sex,sexual orientation,
national origin,or physical or mental handicap where the handicap does not
affect the ability of an individual to perform in a position of employment,and
to abide by all federal and state laws regarding non-discrimination.
Q) Lessee shall be entitled during the full term of this Lease to make alterations
to the Demised Premises in accordance with the requirements set forth in the
eight sub-paragraphs immediately above(i.e.,sub-paragraphs(a)through(i),
inclusive).
0
U
14 02 Access,to the Project and Inspection.The Lessor or its duly appointed agents
shall have the right,at all.reasonable times upon the furnishing of reasonable notice under
the circumstances (except in an emergency, when no notice shall be necessary), to enter
upon the common area of the Leased Premises to examine and inspect said area to the
extent that such access and inspection are reasonably justified to protect and further the
Lessor's continuing interest in the Demised Premises,as determined in Lessor's reasonable
discretion. Lessor's designees,for purposes of this Article and Section 14.02,shall include
city, county or State code or building inspectors, and the like, without limitation. Initial
Lessee shall permit building and code inspectors' access customary to the performance of
their duties related to projects of the nature contemplated herein,said notice requirements
notwithstanding.
i4 0� Forced Delay m Performance. Notwithstanding any other provisions of this
Lease to the contrary, the Initial Lessee shall not be deemed to be in default under this
Lease where delay in the construction or performance of the obligations imposed by this
Lease are caused by war,revolution,labor strikes,lockouts,riots,floods,earthquakes,fires,
casualties, acts of God, labor disputes, governmental restrictions, embargoes, litigation
(excluding litigation between the Lessor and the Initial Lessee), tornadoes, hurricanes,
tropical storms or other severe weather events, or inability to obtain or secure necessary
labor, materials or tools, delays of any contractor, subcontractor, or supplier, or
unreasonable acts or failures to act by the Lessor, or any other -causes beyond the
reasonable control of the Initial Lessee, except financing delays or delays caused by
economic conditions.The time of performance hereunder shall be extended for the period
of any forced delay or delays caused or resulting from any of the foregoing causes.
14.04 Easements. Lessee shall be authorized to grant reasonable and necessary
easements for access and utilities customary for similar land uses and construction projects
in Monroe County subject to Lessor's attorney's review and approval for substance and
form of easement instruments.Notwithstanding the foregoing,Lessor shall not be obligated
to execute any contracts or easements for utilities.
Page 23 of 49 Packet Pg. 1642
ARTICLE XV
Moripp Financing;
Sectioni 15-01 Financing By Initial. Lessee. Initial Lessee shall have the right to
mortgage'its� nterests in the Demised Premises.
(a) The Lessee shall have the right to encumber by mortgage or other
proper instrument Lessees interest under this Lease,such as buildings and improvements
placed by Lessee on the Demised Premises,a Federal or State Savings&Loan Association,
Bank or Trust Company,Insurance Company,Pension Fund or Trust(or to another private
lender so long as the terms and conditions of the financing from private lender are on
substantially similar terms to those then existing by the other lenders referred to in this
Section),or to similar lending institutions authorized to make leasehold mortgage loans in
the State of Florida, or to any public or quasi-public lender.
(b) Until the time any leasehold mortgage(s)shall be satisfied of record,
when giving notice to the Lessee with respect to any default under the provisions of this
Lease, the Lessor shall also serve a copy of such notice upon the Lessee's leasehold
mortgagee(s) at addresses for notice set forth in the mortgage instrument(s) (including
assignments thereof) as recorded in the Official Records of Monroe County, Florida. No y
such notice to the Lessee shall be deemed to have been given unless a copy of such notice
has been mailed to such leasehold mortgagee(s), which notice must specify the nature of
each such default. Lessee shall provide Lessor with written notice of the book and page
number of the Official Records of Monroe County, Florida for each mortgage by which it
encumbers the Demised Premises,including modifications and assignments thereof.
(c) In case the Initial Lessee shall default under any of the provisions of
this Lease, the Initial Lessee's leasehold mortgagee(s) shall have the right to cure such
default whether the same consists of the failure to pay Rent or the failure to perform any E
other matter or thing which the Initial Lessee is required to do or perform and the Lessor
shall_accept such performance on the part of the leasehold mortgagee(s)as though the same
had been done or performed by the Initial Lessee. The leasehold mortgagee(s), upon the
date of mailing by Lessor of the notice referred to in subparagraph(b)of this Section 15.01
shall have,in addition to any period of grace extended to the Initial Lessee under the terms
and conditions of this Lease for a non-monetary default,a period of sixty(60) days within <
which to cure any non-monetary default or cause the same to be cured or to commence to
cure such default with diligence and continuity;provided,however,that as to any default of W
the Initial Lessee for failure to pay Rent, or failure to pay any amount otherwise required
under the terms of this Lease(e.g.,including,but not limited to,taxes or assessments),the
leasehold mortgagee(s) shall have thirty (30) days from the date the notice of default was
mailed to the mortgagee(s) within which to cure such default.
(d) In the event of the termination of this Lease with Initial Lessee for
defaults described in this Article XV, or of any succeeding Lease made pursuant to the
provisions of this Section 15.oi(d) prior to the cure provisions set forth in Section 15.01(c)
above, the Lessor will enter into a new Lease of the Demised Premises with the Initial
Lessee's leasehold mortgagee(s), or, at the request of such leasehold mortgagee(s), to a
Page 24 of 49 Packet Pg. 1643
D.3.d
corporation or other legal entity formed by or on behalf of such leasehold mortgagee(s)or
by or on behalf of the holder of the note secured by the leasehold mortgage, for the
remainder of the term, effective on the date of such termination, at the Rent and upon the
covenants,agreements,terms,provisions and limitations contained in this Lease,provided '
that such leasehold mortgagee(s) make written request and execute, acknowledge and
deliver to the Lessor such new Lease within thirty (30) days from the date of such
termination and such written request and such new Lease is accompanied by payment to
the Lessor of all amounts then due to the Lessor, including reasonable counsel fees, court
costs and disbursements incurred by the Lessor in connection with any such default and
termination as well as in connection with the execution, delivery and recordation of such
new Lease,less the net income collected by the Lessor subsequent to the date of termination
of this Lease and prior to the execution and delivery of the new Lease, and any excess of
such net income over the aforesaid sums and expenses to be applied in payment of the Rent
thereafter becoming due under such new Lease.
Any new Lease referred to in this Section 15.ol(d) shall not require any U
execution, acknowledgement or delivery by the Lessor in order to become effective as
against the Lessee(or any Sublessees)and the Lessee(and any Sublessees)shall be deemed
to have executed, acknowledged and delivered any such new Lease immediately upon
receipt by the Lessor; and such new Lease shall be accompanied by D payment to the
Lessor of all amounts then due to the Lessor of which the leasehold mortgagee(s) shall y
theretofore have received written notice; and ii an agreement by the leasehold
mortgagee(s) to pay all other amounts then due to the Lessor of which the leasehold
mortgagee(s) shall not theretofore have received written notice. In addition,immediately
upon receipt by the Lessor such new Lease,as provided in this Section 15.01(d),the Lessor,
where appropriate to the circumstances,shall be deemed to have executed,acknowledged
and delivered to the leasehold mortgagee(s) an assignment of all Subleases covering the
Demised Premises which theretofore may have been assigned and transferred to the Lessor E
and all Subleases under which Sublessees shall be required to attorn to the Lessor pursuant
to the terms and conditions of such Subleases or this Lease.Such assignment by the Lessor
shall be deemed to be without recourse as against the Lessor. Within ten (io) days after a
written request therefore by the leasehold mortgagee(s),such assignment or assignments
shall be reduced to a writing in recordable form and executed,acknowledged and delivered
by the Lessor to the leasehold mortgagee(s).
(e) The Lessee's leasehold mortgagee(s)may become the legal owner and
holder of this Lease by foreclosure of its(their)mortgage(s)or as a result of the assignment
of this lease in lieu of foreclosure,which shall not require Lessor's consent,whereupon such E
leasehold mortgagee(s) shall immediately become and remain liable under this Lease as
provided in Section 15.o1(f)below.
(f) In the event that a leasehold mortgagee(s)shall become the owner or
holder of the Lessee's interest by foreclosure of its(their)mortgage(s)or by assignment of
this lease in lieu of foreclosure or otherwise, all terms used herein to refer to the Lessee in
this lease, means only the owner or holder of this signatory Lessee's interest for the time
period that such leasehold mortgagee(s)is(are)the owner or holder of the Lessee's interest.
Accordingly, in the event of a sale, assignment, or other disposition of the Initial Lessee's
Page 25 of 49
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interest in this Lease by the leasehold mortgagee(s),where leasehold mortgagee(s)took title 2
or ownership of or to any or all of the Initial Lessee's interest in the Lease and/or any
portion of the Demised Premises as a result of foreclosure or acceptance of an assignment in
lieu thereof, it shall be deemed and construed, without further agreement between the
Lessor and the mortgagee(s),or between the Lessor,the mortgagee(s)and the mortgagees'
purchaser(s)or assignee(s)at any such sale or upon assignment of Initial Lessee's interest
by the leasehold mortgagee(s), that the mortgagee(s), purchaser(s), or assignee(s) of the
Initial Lessee's interest has/have assumed and agreed to carry out any and all covenants
and obligations of Initial Lessee contemplated herein.In no event shall anything under this
Lease be construed to permit eventual use of the Demised Premises for purposes
inconsistent with this Lease or the Workforce Housing Restriction(s).
(g) Reference in this Lease to the Initial Lessee's leasehold mortgagees)
shall be deemed to refer where circumstances require to the leasehold mortgagee(s)'s
assignee(s);provided that such assignee(s)shall record proper assignment instruments in
the Official Records of Monroe County, Florida,together with written notice setting forth
the name and address of the assignee(s).
r-
0
(h) Reference in this Lease to acquisition of the Initial Lessee's interests in
this Lease by the leasehold mortgagee(s) shall be deemed to refer, where circumstances
require,to acquisition of the Initial Lessee's interest in this Lease by any purchaser at a sale
of foreclosure by the leasehold mortgagee(s) and provisions applicable to the leasehold
mortgagee(s)in such instance or instances shall also be applicable to any such purchaser(s).
2
(i) So long as the Lessee's interest in this Lease shall be mortgaged to a
leasehold mortgagee(s),the parties agree that they shall not surrender or accept a surrender
of this Lease or any part of it,nor shall they cancel, abridge or otherwise modify this Lease
or accept material prepayments of installments of Rent to become due without the prior
written consent of such mortgagee(s) in each instance.
(j) So long as the Initial Lessee's interest in this Lease shall be mortgaged
to a leasehold mortgagee(s),the parties agree that the Lessor shall not sell,grant or convey
to the Initial Lessee all or any portion of the Lessor's fee simple title to the Demised
Premises without the prior written consent of such leasehold mortgagee(s). In the event of
any such sale, grant or conveyance by the Lessor to the Initial Lessee, the Lessor and the
Lessee agree that no such sale,grant or conveyance shall create a merger of this Lease into a
fee simple title to the Demised Premises. This subparagraph 0) shall not be construed to
prevent a sale, grant or conveyance of the Lessor's fee simple title by the Lessor to any
person, firm or corporation other than the Initial Lessee, its successors, legal
representatives and assigns, so long as this Lease is not terminated.
(k) If applicable, in conjunction and contemporaneously with the sale or
transfer of each Workforce Housing Unit,leasehold mortgagee(s)shall make arrangement
to ensure the release of any and all applicable portions of its (their) mortgage(s) on the
entire Demised Premises so as to grant clear title to the Sublessee.The details and release
payment requirements shall remain within the reasonable business discretion of the Initial
Lessee and the leasehold mortgagee(s).
Page 26 of 49
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(1) Lessor shall be entitled, in the event of any of the foregoing
circumstances or events set forth in this Paragraph 15.01, to elect to deal primarily or
exclusively with a mortgagee whose position is primary or in first order of priority with
CO
respect to foreclosable interests or rights according to the laws of the State of Florida or as
contractually agreed by and among multiple mortgagees,where there are such. V `�
0
ARTICLE XVI
0
Default
Section 16.o1 Notice of Default: Lessee shall not be deemed to be in default under
this Lease in the payment of Rent or the payment of any other monies as herein required
unless Lessor shall first give to Lessee and any mortgagees ten (1o) days written notice of
such default and Lessee or any other party on its behalf fails to cure such default within ten
(1o) days of verifiable receipt of said notice. ca
2
Except as to the provisions or events referred to in the preceding paragraph of this
Section,Lessee and Mortgagees shall not be deemed to be in default under this Lease unless
Lessor shall first give to Lessee and Mortgagees thirty (3o) days written notice of such
default, and Lessee fails to cure such default within the immediate thirty(3o) day period
thereafter, or, if the default is of such a nature that it cannot be cured within thirty (30)
days,Lessee fails to commence to cure such default within such period of thirty(3o)days or
fails thereafter to proceed to the curing of such default with all possible diligence.
Mortgagees shall be entitled to cure Lessee defaults on the same terms and conditions as
the Lessee.
0
Regardless of the notice and cure periods provided herein, in the event that more. E
rapid action is required to preserve any right or interest of the Lessor in the Demised
Premises due to any detrimental event or occurrence(such as,but not limited to,payment
of insurance premiums,actions to prevent construction or judgment lien foreclbsures or tax
sales),then the Lessor is empowered to take such action and to request reimbursement or
restoration from the Lessee as appropriate.
2
Lessee shall comply with all terms and conditions set forth in the Lease. Lessee
hereby acknowledges that a default of the lease shall be considered a default hereunder. --
Lessee hereby indemnifies and holds Lessor harmless in regard to any of the fees, costs,
expenses,payments and liabilities related to this lease.In the event the lease is terminated E
due to Lessee's failure to comply with the terms of the lease, Lessee shall indemnify and
hold Lessor harmless for any costs or expenses incurred by Lessor to obtain approval of a
new lease, or any damages resulting from termination of said lease.
Section 16.02 Default. In the event of any material breach of this Lease by lessee,
and after the necessary notice and cure opportunity provided to Initial Lessee and other
parties, Lessor shall have the immediate right to terminate this Lease as permitted by
applicable law. In any action by Lessor asserting a violation of the Workforce Housing
Restriction(s), Lessee shall have the burden of proof with respect to each such matter.
Termination of the Lease, under such circumstances, shall constitute effective, full and
Page 27 of 49 Packet Pg. 1646
D.3.d
immediate conveyance and assignment to Lessor of all of the Demised Premises,
improvements and materials and redevelopment rights to and associated with the Demised
Premises and the Project. Furthermore;in the event of any breach of this Lease by Lessee,
Lessor, in addition to the other rights or remedies it may have, shall have the immediate
right of re-entry (as may be lawfully conditioned per application of Chapter 83, Florida
Statutes,as amended)and may remove all persons and personal property from the affected
portions of the Demised Premises. Such property may be removed and stored in a public
warehouse or elsewhere at the cost of and for the account of Lessee, or where statutory
abandonment or unclaimed property law permits,disposed of in any reasonable manner by
Lessor without liability or any accounting therefore.
Included in this right of reentry,and subject to Initial Lessee's rights,if any,shall be
any instance wherein a Sublessee renounces the Lease or a Sublease or abandons all or any
portion of the Demised Premises,in which case Lessor may,at its option,in an appropriate
case and subject to any rights of a mortgage holder, obtain possession of the abandoned ci
property in any manner allowed or provided by law, and may, at its option, re-let the
repossessed property for the whole or any part of the then unexpired term, receive and
collect all Rent payable by virtue 'of such reletting, and hold Sublessee liable for any
difference between the Rent that would have been payable under this Lease and the net
Rent for such period realized by Lessor,by means of such reletting. However,such Lessor y
rights shall not abrogate a mortgagee's rights to the extent those rights do not conflict with
or injure Lessor's interests as established under this Lease. Personal property left on the
premises by a Sublessee may be stored, sold, or disposed of by Lessor, and Lessor accepts
no responsibility other than that imposed by law. 2
0
Should Lessor elect to re-enter,as herein provided,or should Lessor take possession
pursuant to legal proceedings or pursuant to any notice provided for by law, Lessor may
either terminate this Lease or it may from time to time,without terminating this Lease,re-
let the Demised Premises or any part thereof for such term or terms (which may be for a
term extending beyond the Term of this Lease)and at such Rent or Rents and on such other
terms and conditions as Lessor in its sole reasonable discretion may deem advisable with
the right to make alterations and repairs to the Demised Premises.On each such re-letting
Lessee shall be immediately liable to pay to Lessor, in addition to any indebtedness other
than Rent due under this Lease,the expenses of such re-letting and of such alterations and
repairs,incurred by Lessor,and the amount,if any,by which the Rent reserved in this Lease for the period of such re-letting (up to but not beyond the term of this Lease) exceeds the
amount agreed to be paid as Rent for the Demised Premises for such period of such E
re-letting.
Notwithstanding any such re-letting without termination, Lessor may at any time
thereafter elect to terminate this Lease for such previous breach. Should Lessor at any time
terminate this Lease for any breach; in addition to any other remedy it may have, Lessor
may recover from Lessee all damages incurred by reason of such breach,including the cost
of recovering the Demised Premises,which amounts shall be immediately due and payable
from Lessee to Lessor.
Section 1b o3 Lessor's.Right,`to Perform:.In the event that Lessee, by failing or
Page 28 of 49 Packet Pg. 1647
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neglecting to do or perform any act or thing herein provided by it to be done or performed,
shall be in default under this Lease and such failure shall continue for a period of thirty(30)
days after receipt of written notice from Lessor specifying the nature of the act or thing to
be done or performed,then Lessor may,but shall not be required to,do or perform or cause
to be done or performed such act or thing (entering on the Demised Premises for such
purposes,with notice,if Lessor shall so elect),and Lessor shall not be or be held liable or in
any way responsible for any loss, inconvenience or annoyance resulting to Lessee on
account thereof, and Lessee shall repay to Lessor on demand the entire expense thereof,
including compensation to the agents and employees of Lessor. Any act or thing done by
Lessor pursuant to the provisions of this section shall not be construed as a waiver of any
such default by Lessee, or as a waiver of any covenant,term or condition herein contained
or the performance thereof, or of any other right or remedy of Lessor, hereunder or
otherwise. All amounts payable by Lessee to Lessor under any of the provisions of this
Lease, if not paid when the amounts become due as provided in this Lease, shall bear
interest from the date they become due until paid at the highest rate allowed by law.Lessor 0
shall have the same rights set forth in this Section with respect to any future subinterest
holder's respective portion of the Demised Premises.
Section 16.04 Default Period. All default and grace periods shall be deemed to run
concurrently and not consecutively. y
Section i6:05:`Workf6rce Housing Restrictions. In the event the Lessee or sublessee
fails to comply with the Workforce Housing Restriction(s) at any given time or any portion
of the Demised Premises is used for purposes other than Workforce Housing in accordance
with the Workforce Housing Restriction(s) by an interest holder of such portion, as they
pertain to their respective interests in or portions of the Demised Premises, such an
occurrence will be considered a material default by the offending party. Should the E
foregoing type of use default occur with respect to only one or more subtenants'portions)
of the Demised Premises, then the default termination provisions provided for in this
subsection, shall apply only to those subtenant(s) and sublease(s) in default. In the
foregoing event,Lessor(or the Initial Lessee(or its assigns)in the event of and with respect
only to a default by a particular Sublessee) may terminate the subleases and tenancies
involved. Lessee hereby agrees that all occupants shall use the Leased Premises and
Improvements for Workforce Housing residential purposes only and any incidental
activities related to the residential use as well as any other uses that are permitted by
applicable zoning law and approved in writing by Lessor.
Section 16.o6.The Lessee, or its property management entity-agent(that has been
duly approved in writing by Lessor), shall do everything within its power to ensure that
there is no month of negative cash flow.
ARTICLE XVII
N
Repair
..Obligations
..Section V..o1:RenaiT:ObEgations: During the continuance of this Lease the Lessee,
and every Snblessec with respect to their leased portions of the Demised Premises, shall
Page 29 of 49
Packet Pg. 1648
keep in good state of repair any and all buildings; furnishings, fixtures, landscaping and 2
equipment which are brought or constructed or placed upon the Demised Premises,and the
Lessee shall not suffer or permit any material strip,waste or neglect of any building or other
property to be committed,except for that of normal wear and tear.The Lessee will(or shall
cause Sublessee to) repair, replace and renovate such property as often as it may be
necessary in order to keep the buildings and other property which is the subject matter of
this Lease in first class repair and condition.Additionally, Lessor shall not be required to
furnish any services or facilities, including but not limited to heat, electricity, air
conditioning or water or to make any repairs to the premises or to the Workforce Housing
Unit.
ARTICLE XVIII
0
Additional Covenants:of LesseelLesscir
.Section-18.oa gag t tise.The Lessee covenants and agrees with the Lessor that the
Demised Premises will be used exclusively for the construction and operation of Workforce
Housing dwelling unit(s) and for no other purposes whatsoever without Lessor's written
consent.
0
`Section 18.02 Termination.Upon termination of this Lease,the Lessee will peaceably
and quietly deliver possession of the Demised Premises, unless the Lease is extended as
provided herein. Therefore, Lessee shall surrender the improvements together with the
leased premises. Ownership of some or all improvements shall thereupon revert to Lessor.
Section 1$.03 Recovery.of Litigation Expense: In the event of any suit, action or
0
proceeding,at law or in equity,by either of the parties hereto against the other,or any other
person having, claiming or possessing any alleged interest in the Demised Premises, by
reason of any matter or thing arising out of or relating to this Lease,including any eviction
proceeding, the prevailing party shall recover not only its legal costs, but reasonable
attorneys'fees including appellate,bankruptcy and post judgment collection proceedings
for the maintenance or defense of said action or suit, as the case may be. Any judgment
rendered in connection with any litigation arising out of this Lease shall bear interest at the
highest rate allowed by law. Lessor may recover reasonable legal and professional fees
attributable to administration, enforcement and preparation for litigation relating to this
Lease or to the Workforce Housing Restriction(s) from any person or persons from or to
whom a demand or enforcement request is made,regardless of actual initiation of an action
or proceeding.
Section 1$ 04 Condition,of.the:Demised Premises. Lessee agrees to accept the
Demised Premises in its presently existing condition ``as-is". It is understood and agreed
that the Lessee has determined that the Demised Premises are acceptable for its purposes
and hereby certifies same to Lessor. Lessee,at its sole cost and expense,shall bring or cause
to be brought to the Demised Premises adequate connections for water, electrical power,
telephone,stormwater and sewage and shall arrange with the appropriate utility companies
for furnishing such services with no obligation therefore on the part of Lessor.The Lessor
makes no express warranties and disclaims all implied warranties. Lessee accepts the
Page 30 of 49
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y D.3.d
property in the condition in which it currently is without representation or warranty, 2
express or implied,in fact or by law,by the Lessor,and without recourse to the Lessor as to
the nature, condition or usability of the Demised Premises, or the uses to which the ,
Demised Premises may be put.The Lessor shall not be responsible for any latent defect or
change of condition in the improvements and personalty,or of title,and the Rent hereunder
shall not be withheld or diminished on account of any defect in such title or property, any
change in the condition thereof,any damage occurring thereto,or the existence with respect
thereto of any violations of the laws or regulations of any governmental authority.
Section 18.oS Hazardous Materials. Lessee, its Sublessees and assignees shall not
permit the presence,handling,storage or transportation of hazardous or toxic materials or
medical waste ("hazardous waste") in or about the Demised Premises, except in strict
compliance with all laws, ordinances, rules, regulations, orders and guidelines of any
government agency having jurisdiction and the applicable board of insurance underwriters.
In no event shall hazardous waste be disposed of in or about the Demised Premises. For
purposes herein, the term hazardous materials or substances shall mean any hazardous,
toxic or radioactive substance material, matter or waste which is or becomes regulated by
any federal, state or local law, ordinance, order, .rule, regulation, code or any other
governmental restriction or requirement and shall include petroleum products and asbestos
as well as improper or excessive storage or use of common household cleaning and
landscaping chemicals, pesticides, batteries and the like, and those materials defined as
hazardous substance or hazardous waste in the Comprehensive Environmental Response
Compensation and Liability Act and/or the Resource Conservation and Recovery Act.
2
Lessee shall notify Lessor immediately of any known discharge or discovery of any
hazardous waste at, upon, under or within the Demised Premises. Lessee shall, at its sole
cost and expense,comply with all remedial measures requiredby any governmental agency W
having jurisdiction, unless such discharge is caused by Lessor or any of its agents or
employees.
Lessee hereby acknowledges that Lessor shall not be liable for any hazardous waste
that may be located on the Demised Premises at the time of execution of this Lease.
Furthermore, Lessee hereby indemnifies and holds Lessor harmless for any and all claims,
liabilities, damages, costs and expenses related to the presence of hazardous waste after
execution of this Lease.
Section 18.06Recordation.Lessee,or Lessor at Lessee's cost,within five(5)business �
days after execution of this Lease, shall record a complete, true and correct copy of the
Lease and any addenda or exhibits thereto in the Official Records of Monroe County,
Florida and shall provide Lessor with the written Clerk's receipt of the book and page
number where recorded and the original Lease and Related Agreement(s)after recordation.
N
Page 31 of 49
Packet Pg. 1650
ARTICLE XIX
Representations,Warranties of Title:and Quiet Enjoyment
and No Unlawful or Immoral Purpose:or Use.
Section ig.Oi Represontations, Warranties of Title and Quiet Erijoyment. Lessee
hereby acknowledges that Lessor is merely acting as a conduit to complete this transaction;
therefore Lessor does not make any representations or warranties with respect to the
ownership, operation or environmental condition of the Demised Premises or any part
thereof. The Lessor and Lessee covenant and agree that so long as the Lessee keeps and
performs all of the covenants and conditions required by the Lessee to be kept and
performed, the Lessee shall have quiet and undisturbed and continued possession of the
Demised Premises from claims by Lessor.
Section i%o2 No Unlawful or immoral.Purpose:.or.Use.The Lessee,as long as it has 0
any interest in or to any portion of the Demised Premises, shall not occupy or use such
portion for any unlawful or immoral purpose and will, at Lessee's sole cost and expense
during such period of interest,conform to and obey any present or future ordinance and/or
rules, regulations, requirements and orders of governmental authorities or agencies
respecting the use and occupation of the Demised Premises. y
ARTICLE XX
Miscellaneous
2
8e6tion-2o.6i Covenants Running with Land. All covenants, promises, conditions
and obligations contained herein or implied by law are covenants running with the land
and, except as otherwise provided herein, shall attach and bind and inure to the benefit of E
the Lessor and Lessee and their respective heirs, legal representatives, successors and
assigns, though this provision shall in no way alter the restrictions on assignment and E
subletting applicable to Lessee hereunder. The parties agree that all covenants,promises,
conditions, terms, restrictions and obligations arising from or under this Lease and the
Workforce Housing Restriction(s)benefit and enhance the communities and neighborhoods
of Monroe County and the private and public lands thereof,and have been imposed in order
to assure these benefits and enhancements for the full Term of this Lease. It is intended,
where appropriate and to serve the public purposes to be furthered by this Lease, that its .�
provisions be construed, interpreted, applied and enforced in the manner of what is
commonly referred to as a"deed restriction." E
Section 20.02 No Waiver. Time is of the essence in the performance of the
obligations of the parties hereto.No waiver of a breach of any of the covenants in this Lease
shall be construed to be a waiver of any succeeding breach of the same covenant.
Section 2o:o3:Writteri Modifications.No modification,release,discharge or waiver N
of any provisions hereof shall be of any force, effect or value unless in writing signed by
both the Lessor and Lessee, and signed also by any mortgagee or their duly authorized
agents or attorneys, as long as such mortgagee (if applicable) has both fi filed in Official
Records of Monroe County, Florida, a"Certificate of Notice"of their interest in this Lease
Page 32 of 49
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D.3.d
and or the Demised Premises, said certificate setting forth complete and current contact
information,the real estate parcel number assigned to the Demised Premises and the O.R.
Records Book and Page Number of the first recorded page of this Lease,and ii provided a '
copy of the recorded certificate to the Lessor at its notice address(es)via U.S.Postal Service
certified mail, return receipt requested.
0
Notwithstanding the foregoing,the Monroe County Administrator,or his authorized
designee, may make certain modifications to this lease without requiring an antecedent
affirmative vote by Lessor's Board of County Commissioners.The circumstances in which
such administrative modification(s) may be made are limited to: �1,�Amend this lease by
delineating lesser or greater areas of the overall Property being leased to Lessor(presently
identified herein at Exhibit "A."), and to (2) Amend this lease to comply with any
application requirements of the FHFC RFA 2019-101 CDBG-DR in Monroe County.Either
administrative lease amendment type must be made in writing and otherwise be in
accordance with this subsection. 0
Se6ti6n20:64 Entire A�reemerit.This Lease,including its prefatory recitals and any
written addenda and attached exhibits (all of which are expressly incorporated herein by
this reference)shall constitute the entire agreement between the parties with respect to this
instrument as of this date. No prior written lease or prior or contemporaneous oral y
promises or representations shall be binding.
Section 20.05 Notices. If Lessee desires to give notice to Lessor in connection with
and/or according to the terms of this Lease, such notice shall be given by certified mail 2
return receipt requested or by national overnight tracked and delivery-receipt courier
service, and unless otherwise required to be "received", it shall be deemed given when
deposited in the United States mails or with the courier service with postage or courier fees E
prepaid.Notification to Lessor shall be as set forth herein,unless a different method is later
directed as prescribed herein or by the Workforce Housing Restriction(s):
Lessor:
County Administrator
Monroe County
Gato Building .-.
iloo Simonton Street
Key West, FL 33040 E
:with a g9Vy.to:
Monroe County Attorney
1111 12th Street, Suite 408
Key West, Florida 33040
Tel.: 305-292-3470
Lessee:
Monroe Count
y Housing Authority_
Page 33 of 49
Packet Pg. 1652
D.3.d
Attn: Executive Director
140o Kennedy Drive
Key West, FL 33040
ca
Section 20.o6 Joint Liability. If the parties upon either side (Lessor or Lessee)
consist of more than one person, such persons shall be jointly and severally liable on the
covenants of this Lease.
Section 26.07 Public Access :and Public. Records Coinpliaiice. The Lessee must
comply with all Florida public records laws, including but not limited to Chapter 119,
Florida Statutes and Section 24, Article I, of the Florida Constitution. Lessor and Lessee
shall allow and permit reasonable access to, and inspection of, all documents, records,
papers, letters, or other "public record" materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statutes, and additional Florida legal
authorities governing confidential and/or confidential and exempt public records, and
made or received by the Lessor or Lessee in conjunction with and in connection with this US
Lease and related to Lease performance. Failure of the Lessee to abide by the terms of this
provision shall entitle Lessor to, at its option, deem such failure a material breach of this
agreement, and Lessor may enforce the public records law terms of this provision in the
form of a court proceeding. This provision shall survive any termination or expiration of
this Lease. The Lessee is encouraged to consult with its advisors about Florida's public
records laws in order to comply with this provision. Pursuant to Section 119.0701, Florida
Statutes, and the terms and conditions of this agreement, the Lessee is required to:
2
W Keep and maintain public records that would be required by the Lessor to 0
perform its service and duties under this agreement.
Upon receipt from the Lessor's custodian of records,provide the Lessor with a
copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this
provision and Chapter 119, Florida Statutes or as otherwise provided by law.
W Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the lease term and following completion of the lease if the
Lessee does not transfer the records to the Lessor.
W Upon completion of the lease, transfer, at no cost, to the Lessor all public
records in possession of the Lessee or keep and maintain public records that
would be required by the Lessor to perform its service and duties under this
agreement. If the Lessee transfers all public records to the Lessor upon E
completion of the lease,the Lessee shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure
requirements.If the Lessee keeps and maintains public records upon completion
of the lease,the Lessee shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the Lessor upon
request from Lessor's custodian of records, in a format that is compatible with
the information technology systems of the Lessor.
Lrij A request to inspect or copy public records relating to an agreement or
contract with Lessor must be made directly to the Lessor,but if the Lessor does
Page 34 of 49
Packet Pg. 1653
not possess the requested records,the Lessor shall immediately notify the Lessee
of the request,and the Lessee must provide the records to the Lessor or allow the
records to be inspected or copied within a reasonable time. '
If the Lessee does not comply with the Lessor's request for records,the Lessor may
enforce this agreement's maintenance of records and/or public access provisions,
notwithstanding Lessor's option and right to treat such non-compliance as a
material breach. Lessee's failure to provide public records to the Lessor or pursuant
to a valid public records request within a reasonable time may be subject to penalties
under Section ii9.io, Florida Statutes.
The Lessee shall not transfer custody, release, alter,destroy or otherwise dispose of
any public records unless provided for in this provision or as otherwise provided by
law.
IF THE CONTRACTOR HAS QUESTI.. S REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO;
THE CONTRACTOR'S.DUTY TO-.PROVIDE PUBLIC
0
RECORDS.RELATING TO THIS.CONTRACT..CONTACT THE
LESSOR'S CUSTODIAN OF PUBLIC RECORDS BRIAN
BRADLEYAT PHONE# 30 292 4.0, BRADLEY
BRIAM&MONROECOUNTY-FL.GOV,.MONROE COUNTY--
ATTORTIT WS OFFICE iiii i2TH Street,;SUITE 408, KEY
NEST_, FL 33040.
Section 2o.o8.Liability,Continued,.Lessor LiabilitX.All references to the Lessor and
Lessee mean the persons who, from time to time, occupy the positions, respectively, of
Lessor and Lessee. In the event of an assignment of this Lease by the Lessor, except for
liabilities that may have been incurred prior to the date of the assignment or as specifically
dealt with differently herein, the Lessor's liability under this Lease shall terminate upon r-
such assignment.In addition,the Lessor's liability under this Lease,unless specifically dealt >
with differently herein, shall be at all times limited to the Lessor's interest in the Demised
Premises.
Section 20.O Captions. The captions used in this Lease are for convenience of
reference only and in no way define,limit or describe the scope or intent of or in any way
affect this Lease.
.Section 20.10 Table of.Contents. The index preceding this Lease under the same
cover is for the purpose of the convenience of reference only and is not to be deemed or
construed in any way as part of this Lease, nor as supplemental thereto or amendatory
thereof.
Section 20.11 Governing Law,.Venue. This Agreement shall be construed under the o
laws of the State of Florida, and the venue for any legal proceeding to enforce or determine
the terms and conditions of this Lease shall be in Circuit Court for the 16th Judicial Circuit,
Page 35 of 49 Packet Pg. 1654
Monroe County, Florida.This lease, and any agreement made pursuant to this lease, shall
not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to
this lease shall be in accordance with the Florida Rules of Civil Procedure and usual and '
customary procedures required by the circuit court of Monroe County, Florida.
Section 20.12 Holding Over:Any holding over after the expiration of the Term of this
Lease,with consent of Lessor,shall be construed to be a tenancy from month to month,at
twice the monthly Rent as required to be paid by Lessee for the period immediately prior to
the expiration of the Term hereof, and shall otherwise be on the terms and conditions
herein specified, so far as applicable.
Section 20.18 Brokers; Lessor and Lessee covenant, warrant and represent that no
broker was instrumental in consummating this Lease, and that no conversations or
negotiations were had with any broker concerning the renting of the Demised Premises.
Lessee and Lessor agree to hold one another harmless from and against, and agree to
defend at its own expense,any and all claims for a brokerage commission by either of them
with any brokers.
Section 20.14 Severability/Pa"rtial Invalidity. If any provision of this Lease or the
application thereof to any person or circumstance shall at any time or to any extent be held y
invalid or unenforceable,the remainder of this Lease or the application of such provision to
persons or circumstances other than those as to which it is held invalid or unenforceable
shall not be affected thereby.The Lessor and Lessee agree to reform the lease to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the 0
stricken provision.
Section20.15 Force Majeure. If either party shall be delayed,hindered or prevented E
from the performance of any act required hereunder by reason of strikes, lockouts, labor
trouble,inability to procure material,failure of power,riots,insurrection,severe tropical or
other severe weather events, war or other reasons of like nature not the fault of the party
delayed, in performing work or doing acts required under this Lease, the period for the
performance of any such act shall be extended for a reasonable period.Economic hardship
or economic conditions shall not be considered a basis for such extension.
Section 2oa6.Lessor/Lessee Relationship,Non;-Reliance by Third Parties.This Lease
creates a lessor/lessee relationship, and no other relationship, between the parties. This
Lease is for the sole benefit of the parties hereto and, except for assignments or Subleases E
permitted hereunder and to the limited extent thereof, no other person or entity shall be a
third party beneficiary hereunder. Except as expressly provided under this Lease or under
the affordable Workforce Housing Restrictions,no person or entity shall be entitled to rely
upon the terms, or any of them, of this Lease to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated hereunder,
and the Lessor and the Lessee agree that neither the Lessor nor the Lessee or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have E
entitlements or benefits under this Lease separate and apart,inferior to,or superior to the
community in general or for the purposes contemplated in this Lease.
Page 36 of 49 Packet Pg. 1655
y D.3.d
Section 20.17 Radon.Gas Notification. Radon is a naturally occurring radioactive gas
that,when it has accumulated in a building in sufficient quantities,may pose health risks to
persons who are exposed to it over time. Levels of radon that exceed federal and state '
guidelines have been found in buildings.Additional information regarding radon and radon
testing may be obtained from your county health unit. Lessor shall not be responsible for
radon testing for any persons purchasing,leasing or occupying any portion of the Demised
Premises,and all owners,Lessees and Sublessees shall hold Lessor harmless and indemnify
Lessor for damages or claims related thereto and release Lessor from same. e
Section 20.18 Mold Disclosure. Mold is a naturally occurring phenomenon that,
when it has accumulated in a building in sufficient quantities, may pose health risks to
persons who are exposed to it over time. Mold has been found in buildings in e
unincorporated areas of the county as well as in incorporated areas of the county.There are
no measures that can guarantee against mold,but additional information regarding mold
and mold prevention and health effects may be obtained from your county health unit or U
the EPA or CDC. Lessee and Sublessees accept responsibility to inspect for mold and take
measures to reduce mold. Lessor shall not be responsible for mold testing for any persons
purchasing, leasing or occupying any portion of the Demised Premises, and all owners,
Lessees and Sublessees shall hold Lessor harmless and indemnify Lessor for damages or
claims related thereto and release Lessor from same. y
Section 2oAQ (B) Lead=Based Paint..Disclosure. Lessee acknowledges receipt and
signing of the attached form LBPR-1 8/96 relating to the possibility of lead-based paint in
houses constructed before 1978 and a copy of the risks associated therewith and a copy of
the EPA Protect Your Family In The Home. Lessee will abide by notice requirements
relating to lead-based paint for all sub-lessees.
Section 2o.201 Subsequent Changes in Law::or Regulation.. Where a change can
reasonably be applied to benefit, enhance or support Lessor's affordable Workforce
Housing goals,objectives and policies,Lessor shall have the right to claim the benefit from P
any subsequent change to any applicable state or federal law or regulation that might in any
way affect this Lease, the Workforce Housing Restriction(s), any Related Agreements or
their respective application and enforceability, without limitation. In such instance, this
Lease shall be construed or, where necessary, may be reformed to give effect to this
provision.
Section 2.0:21 Claims for FederalArid/or'StateAid' Lessor and Lessee agree that each m
shall be,and is,empowered to apply for,seek,and obtain federal and state funds to further
the purpose of this lease; provided that all applications, requests, grant proposals, and
funding solicitations shall be approved by each side prior to submission.
Section 20 22 Governmerit Pii] O e. Lessor, through this Lease and the affordable
Workforce Restriction(s), furthers a-government housing purpose, and, in doing so,
expressly reserves and in no way shall be deemed to have waived, for itself or its assigns,
successors, employees, officers, agents and representatives any sovereign, quasi- E
governmental and any other similar defense, immunity, exemption or protection against
any suit, cause of action, demand or liability. Notwithstanding the provisions of Section
Page 37 of 49 Packet Pg. 1656
D.3.d
768.28, Florida Statutes, the participation of the Lessee and the Lessor in this agreement
and the acquisition of any insurance coverage whatsoever shall not be deemed a waiver of
immunity to the extent of such coverage (liability coverage or otherwise), nor shall any
contract entered into by the Lessor be required to contain any provision for waiver.All of
the privileges and immunities from liability, exemptions from laws, ordinances,and rules
and pensions and relief,disability,workers'compensation,and other benefits which apply
to the activity of officers, agents, or employees of any public agents or employees of the
Lessor or Lessee, when performing their respective functions under this lease within the
territorial limits of the county shall apply to the same degree and extent to the performance
of such functions and duties of such officers, agents,volunteers, or employees outside the
territorial limits of the county.No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Lessor or
Lessee in his or her individual personal capacity, and no such member, officer, agent or
employee of Lessor or Lessee shall be liable personally under this lease or be subject to any
personal liability or accountability by reason of the execution of this agreement.
Section 20.28 Remedies.The parties agree that any remedy available for any breach
under this Lease shall be cumulatively or selectively available at Lessor's complete
discretion, with any election to avail itself or proceed under any particular remedial
mechanism in no way to be construed as a waiver or relinquishment of Lessor's right to y
proceed under any other mechanism at any time or in any particular sequence.
Sectiori'26.24 Supplemental Administrative Enforcement.Lessor,or its appropriate
agency,may establish under the Woirltforce.Housing Restriction(s),as amended from time
to time, during the Term of this Lease, such rules, procedures, administrative forms of
monitoring, property and/or tenancy management, proceedings, and such evidentiary
standards, as deemed reasonable within Lessor's prerogative,to implement enforcement of E
the terms of this Lease and similar leases and the Workforce Housing Restriction(s). Such
forums may include but in no way be limited to use of Code Enforcement procedures
pursuant to Chapter 162, Florida Statutes, to determine, for and only by way of one
example, and not as any limitation, the facts and legal effect of an allegedly unauthorized
"offer to rent," or, for another example, an unauthorized"occupancy." However, nothing
herein shall be deemed to limit Lessor from access to an appropriate court of competent
jurisdiction where the resolution of any dispute would be beyond the competence or lawful
jurisdiction of any administrative proceeding.
Section 2o:2,q Exceptions-to Lease/Rental -Prohibition. The Workforce Housing E
Unit(s) are to be developed as a dwelling unit for qualified rental and qualified rental-
occupancy for affordable Workforce Housing. Transient use, vacation rental use, owner-
occupancy, and any other form of use or occupancy other than affordable Workforce
Housing is hereby expressly prohibited absent express written authorization and consent by
Lessor. Lessor or its designee, in its sole discretion, shall have the right to adopt as part of
future affordable Workforce Housing Restriction(s) provisions to allow Sublessees the
limited privilege to rent or lease their Workforce Housing Unit to qualified persons.
Requests for such approval shall be made in accordance with such procedures Lessor may in
the future choose to adopt. It is contemplated, though not promised or required, that
Page 38 of 49
Packet Pg. 1657
certain limited rental provisions may be adopted in the future for circumstances such as,for
example,but without limitation:
(a) A Sublessee's required absence from the local area for official military duty. ca
(b) A documented illness that legitimately requires a Sublessee to be hospitalized U
for an extended period.
(c) A family emergency legitimately requiring a Sublessee to leave the Keys for a
period longer than thirty(3o) days.
Section 2o:26 Drafting ,of Lease. The parties acknowledge that they jointly
participated in the drafting of this Lease with the benefit of counsel,or had the opportunity
to receive such benefit of counsel, and that no term or provision of this Lease shall be
construed in favor of or against either party based solely on the drafting of this Lease.
Section-2o.22 Lessor's_Dutyto Cooperate.Where required under this Lease,Lessor 0
shall, to ensure the implementation of the public affordability purpose furthered by this
Lease, cooperate with reasonable requests of Initial Lessee, Sublessees, mortgagees, title
insurers,closing agents,government agencies and the like regarding any relevant terms and
conditions contained herein.
0
W
Section 20.28 Execution in Counterparts.This lease may be executed in any number
of counterparts, each of which shall be regarded as an original, all of which taken together
shall constitute one and the same instrument and any of the parties hereto may execute this
lease by signing any such counterpart.
IN WITNESS WHEREOF, the Lessor and the Lessee have hereunto set their
hands and seals, as of the day and year above written.
FOR LESSOR BOARD OF COUNTY
COMMIS ONE OF MONROE COUNTY, FLORIDA 3 _ E
-Z,; ` r=-
By. c r`r,
Mayor ! pa a
;. N ;;0
Date:
C
a 0
tR1l. N
(SEAL)
ATTEST: KEVIN MADOK, CLERK
(741. MONROE COUNTY ATTORNEY
By: APPROVED AS TO FORM
Deputy Clerk
N
Monroe County Attorney PETER MORRIS
Approved as to Form: ASSISTANT CO. f�. ORNEY
Date:
Page 39 of 49 Packet Pg. 1658
FOR LESSEE:
Monroe my Housing Authority
By:
ca
nuel Castillo, Executive Director
ell
WITNESSES:
,fin c �s ,rr o L v
Witness No. 1 (Print Nam )
Witness No. 1 (Signatur c
anAq Skz�A'4
Witness o int Name)
2
0
Witness No. 2 gnature)
0
v,
STATE OF V40C t aQ
2
COUNTY OF Mohcoe,
0
The foregoing instrument, Lease between Board of County Commissioners of
Monroe County, Florida, and the Monroe County Housing Authority,was acknowledged
before me this. 1 day of 2019,by Manuel Castillo,as Executive
Director of the Monroe County Housing Authority, who is personally known to me or
produced as proof of identification and did take an
oath.
NvwMAMORw.E
Mvcollsslorl r ccz
EXPIRES:May 18.20M
L�Nwt
Notary Public (Print Name and Notary No.)
Notary Public (Signature)
N
Page 40 of 49
Packet Pg. 1659
D.3.d'.
EXHIBIT"A"
LEGAL DESCRIPTION
31 S. Conch Avenue, Conch Key (bearing Property Identification Number 00385780-
000400):
The West 70 feet of Lot 14,CONCH KEY SUBDIVISION,according to the flat thereof, recorded in Plat
Book 2,Page 130,of the Public Records of Nionroe County,Florida.Said parcel of land being more
particularly described as follows,to wit:
At the Point of Beginning commence at a point on the north Right-of-Way line of Sonth Conch Avenue any
the Southwest corner of Lot 14, Conch Key Subdivision, according to the Plat thereof as recorded in Pla
Book 2, Page 130, of the Public Records of Monroe County, Florida; thence run in a Northerly directlel '
along the West boundary line of Lot 14 for a distance of 70 feet to the Northwest corner of said Lot 14; thene e
proceed at a right angle along the Northern lot line of Lot 14 for a distance of 70 feet to a point; thence at
right angle and running parallel with the East lot line of Lot 14, run a distance of 70 feet to a point on thi
South lot line of Lot 14, and on the North Bight-of-gray line of South Conch Avenue sold point being 70 fee
from the Point of Beginning; thence at a right angle proceed in a Westerly direction along the South let line c
Lot 14 a distance of 70 feet back to the Point of Beginning.
The property located on Atlantic Boulevard, Key Largo (bearing Property Identification
Number 00453440-001100):
A parcel of lattud: ,Xy us iri Tract :t!k or PQAT. LtitGO, a Subdlvisitrtt iu section 33,
Towrt ahip: `bi, Aa=ige .39 :Eart: on
»eqt go,, nceordiag i:o the. Plat thertflf, as raro�r
in Plat Book S, at: .:Page 3, *f '.tau P'isblic Rt'cor4a aX Ii4arve County, oricia, belp
inaxQ gaztci�lar1y. det:cicibed aft #ol;lotta=
Coomtence at. sr le. p -int o i2txertlpctiou of the xorthea�tex3y prolooiatioa of tf
llortbwatstet: y »gbC 01r i�sy tine of, Aomeatitad Aveque vi.th the NO�sthWW.t_Orly Lubt
o>: Way lue t+f Atlisaac. 8otl .ava1Xd; heua, run PtarCtt >i;tiRxlq ilpAg said prcip�ttgill:
nx 218.37 Petit to the pout' of i4tecsec�tiaa t�.th a 3iae parallel to sud 21i�.27 E a
Nartbe; eterly of., t ureid :at. x� ht. 4t 31es to the ;' Aorthaa�terly Right of < ►;
ling. of Atlatat c 8att �`ld a� thaco daf, t 90 degrees right and nta Sautbeastorl� .�
alotxg laid: psxa 'l,al :tbe Southv4�lterly line of Ctsto Davelopmerct: Corp. f �-
58.04 feet tv the Po�aat.a Beginn3n� of the. h4rein 4"cribed p rcalI from
.Of Beft S. .dontiuue Stu h a6t lq A].4qg; the afoYnn�f=irtawd cause for 200.00 0pt
to n point. iatarsoct 8 tht; NoTt10ejterly. Bight of Way line of St. Croft Place;
thCuce: def'lact 96 degraaa 'right road: ,run Saxst va�tArt�r slang sa3.d pnsthaeetcrlq 1l W�t
oar Wey- liiaa for 2 Its 27 :feet;; xbaarx do fact 90 degree* right and roil Nort.htJest.ez r-
Slang, the vort:44"t*rly 1 of I►.tjntic .26alavard for 200.1M feet: to .OL. p*Ut at W
Sautlseai�Cls �.p hz ,of. W 1-ina bf .1lowstrad Avenue; thg=e deflect 90 de$Yee0 x 1t
acd .ram ftrthesait+trly al4tti a d prarloriptiou fbtr 216.27 fret to the Point of
Hegil��.
31535 Avenue C, Big Pine Key(bearing Property Identification Number 00302670-
000000 and 00302680-000000):
Block 22,Lots 1,•2,3, and 4, Sands Subdivision, according to the Plat thereof as recorded in
Plat Book 1, Page 65,of the Official Records of Monroe County, Florida.
Page 41 of 49
Packet Pg. 1660
2 N. Conch Avenue, Conch Key(bearing Property Identification Number 00385780-
000000):
All of Lot 13,the Easterly 30 feet of Lot 14,the Easterly 39 feet of Lot 30 and All of Lot 31 of CONCH KEY,be , a
combination of the following two Parcels of Land: A Part of Lots 13 and 30 and All of Lot 31 of CONCH KE 0 s
recorded in plat Book 2, Page 130, of the Public Records of Monroe County, Florida, and being more partict a y
described by metes and bounds as follows:Commencing at the Northeast corner of Lot 31,said corner to be knot s
the Point of Beginning of the Tract of Land hereinafter described, bear North 66° 45' West, along the $out y
Right-of-Way line of North Conch Avenue,131.95 feet;thence bear South 23'15' West,70 feet; thence bear Nort
45' West, 39 feet; thence bear South Z3° 15' West, 70 feet to the Northeasterly Right-of-Way line of South C h
Avenue; thence bear Soutb 66° 45' East,36.82 feet to the Northerly Right-ofWay line of U.S.Highway No. 1; tl e
bear North 69° 05' East, along the Northerly Right-of-Way line of U.S. Highway No. 1, 190.93 feet; thence < a
Northerly direction, 7.48 feet, back to the Point of BeginningANDA Parcel of Land in a Part of Lots 13 and I
CONCH KEY, as recorded in PIat Book 2, Page 130, of the Public records of Monroe County, Florida, and I ' g
more particularly described by metes and bounds as follows: Commencing at the Southwest corner of Lot 14, e r
South 66' 45' East, along the Northerly Right-ofWay line of South Conch Avenue,70 feet to the Point of Beginni I
the Parcel of Land hereinafter described; from said Point of Beginning, bear North 23' 15' East,70 feet; thence r
South 66°45' East,52 feet; thence bear South 23° 15' West,70 feet to the Northerly Right-of-Way line of South C 0 h
Avenue; thence bear North 66°45' 'Nest,along the Northerly Right-of-Way line of South Conch Avenue,52 feet, k
to the Point of Beginning.
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Page 42 of 49
Packet Pg. 1661
D.3.d
COMPOSITE EXHIBIT"B"
i. MANAGEMENT AGREEMENT:
A. Introduction: The Lessor and Lessee to this lease mutually agree that the
Property shall be developed, used, and occupied so as to ensure affordability in
perpetuity in connection with the Property and the dwelling units to be
constructed therein as set forth in this lease.
The Lessor and Lessee to this lease mutually agree that housing and occupancy
preference shall be granted to qualified full-time employees of Lessor, and to
qualified full-time employees of Lessee. "Qualified," as used herein,means those
employees of Lessor and Lessee who satisfy all requirements of the affordable
Workforce Housing Restriction applicable to a unit that is available for use and
occupancy, and means those employees of Lessor and Lessee who satisfy all
requirements of the affordable Workforce Housing Restriction applicable to a
unit that is available for use and occupancy. The legal effectiveness and
enforceability of such preference is contingent upon approval of the Florida
Department of Economic Opportunity, Florida Housing Finance Corporation,
and United States Department of Housing and Urban Development.
B. Program Description: The Monroe County Board of County Commissioners
("Lessor") continues to examine the affordable workforce housing crisis within
the county and seeks to determine best practice solutions to mitigate this
situation. The Monroe County Employee Rental Housing Program enacted under
this lease is one such solution.
A central concern of the Program is the enormous financial pressure on the
Lesssor's and on the Lessee's employees in connection with the affordability of
housing opportunities near their jobs. This program, as applied under this lease,
grants employee preference to qualified full-time employees of the Lessor and to
qualified full-time employees of the Lessee.
C. Management and Administration of the Wi ing List and Lease_
Housing Preferences:
Under Monroe County Land Development Code Section 139-1(f)(8), the Monroe
County Planning Director may authorize"[t]he county housing authority" and
"other public entities established to provide affordable housing"to administer the
eligibility, qualification, re-qualification, and compliance requirements otherwise
ordinarily administered by the County's Planning Department pursuant to a
written agreement. The Board of County Commissioners of Monroe County's
approval of this lease has approved this lease in conjunction with the Planning
Director's approval for Lessee to administer the eligibility, qualification, re-
qualification, and compliance requirements under this lease, as authorized under
Monroe County Land Development Code Section 139-(f)(8).
Page 43 of 49
Packet Pg. 1662
As such, Lessee agrees that it will comply with all qualification, re-qualification,
and compliance requirements applicable under this lease and as applicable under
the Monroe County Code(s). Lessee shall provide an annual report to the Monroe
County Planning&Environmental Resources Department showing all income
qualifications, all income re-qualifications, and rents. If any other documents,
records, or information is required by Lessor, Lessee shall provide it to Lessor. 12
Lessee may not authorize a third-party to assume or undertake this delegation of
authority without Lessor's prior express written approval. All records held by
Lessee and Lessee's authorized agents may be considered public records under
Chapter 119, Florida Statutes, and it shall be Lessee's sole responsibility to
maintain and abide by all requirements applicable to proper maintenance and
disclosure of such records under Chapter 119, Florida Statutes.
It shall be the Lessee's policy that each applicant shall be assigned an appropriate
place on a waiting list.Applicants shall be listed in a sequence based upon date c0
and time a complete, legally sufficient application is received, the size and type of
unit the applicant has requested, and factors of preference or priority. In filling
an actual or anticipated vacancy, the Lessee shall offer the dwelling unit to an
applicant in the appropriate sequence, with the goal of accomplishing complete
occupancy of all units by qualified full-time employees of Lessor and Lessee.
By maintaining an accurate waiting list, the Lessee will be able to perform the
activities which ensure that an adequate pool of qualified applicants will be
available to fill unit vacancies in a timely manner. Based upon the Lessee's
turnover and the availability of appropriately-sized units, groups of families will
be selected from the waiting list to form a final eligibility pool. Selection from the
pool will be based upon completion of verification of all documents and
information provided.
The Lessee shall administer its waiting list as required by 24 C.F.R. Part 5, Part
945 and 96o, Subparts A and B. The waiting list will be maintained in accordance
with the following guidelines:
0
The application will be a permanent file.
All applicants in the pool will be maintained in order of this lease's prioritization .�
of housing applicants who are qualified full-time employees of Lessor and Lessee.
Applications equal in preference will be maintained by date and time sequence. E
All applicants must meet all applicable eligibility requirements as established by
law.
The Lessee, at its discretion, may restrict application, suspend application intake,
and close a waiting list in whole or in part, and will publicly announce its decision
to do so by posting such decision in all of its offices. Such decision to close the
waiting list shall be based upon the number of applications available for a
particular size and type of unit, and the ability of the Lessee to house an applicant
in an appropriate unit within a reasonable period of time.
Page 44 of 49
Packet Pg. 1663
When the Lessee reopens the waiting list, it will advertise this in a newspaper of
general paid circulation in Monroe County. The notice will be made in accessible
format if requested and will contain: '
The dates,times, and locations where families may apply.
The applicable program(s)for which applications will be taken.
A brief description of the applicable program(s).
A statement that Section 8 participants must submit a separate application
if they wish to apply for available housing.
Limitations on who may be eligible to apply.
Eligibility requirements.
Availability of local preferences.
During the period in which the waiting list is closed, the Lessee will not maintain
a list of individuals who wish to be notified of when the waiting list is re-opened.
The open period shall be long enough to achieve a waiting list adequate to cover
projected turnover over the next 24 months. When the period for accepting
applications is over, the Lessee will add to the new applicants to the list by:
Unit size, this lease's stated preference for qualified full-time employees of
Lessor and Lessee, and the date and time of application receipt.
When applicants consist of two families living together (for example, such as a
mother and father, and a daughter with her own husband and children), and they
apply as one family unit,they will be considered as one family unit.
A preference does not guarantee admission to the program/approval of a housing
application. Preferences are used to establish the order of placement on the
waiting list. Every applicant must meet all of the Lessee's Selection Criteria as
defined in this policy pursuant to the requirements of this lease permitted by law.
Applicants who reach the top of the waiting list will be contacted by the Lessee to
verify their preference and, if verified, the Lessee will complete the application for
occupancy. Applicants must complete the application for occupancy and continue --
through the application processing and may not retain their place on the waiting
list if they refuse to complete their processing when contacted by the Lessee. E
Among applicants with equal preference status, the waiting list will be organized
by date and time.
The maximum possible numerical point total for an application is wo.
Priority preference pursuant to this lease is provided to eligible employees of
Lessor and Lessee on the waiting list.A properly noticed public meeting was held
before this lease was adopted.
The following preference is used:
Page 45 of 49 Packet Pg. 1664
D.3.d
Residency/Lessor and Lessee Employee Preference: For applicants who 2
are current full-time employees of Lessor and Lessee who work in Monroe
County and satisfy the Workforce Housing Restriction applicable to a given unit. ,
In order to verify that an applicant so satisfies these given requirements, the
Lessee will require a minimum of one (1) of the following documents: Verification
in the form of an employment record(s) provided by the Monroe County Human
Resources Department or Lessee's equivalent human resources office, other
employer or agency records, driver's licenses,voter's registration records, credit
reports,statement(s) from household with whom the family is residing, rent
receipts, leases, school records, utility bills, etc.
Preference Point System:
0
Local Preference Point"Descripti'ori. Point Value
Full-Time Employee of Lessor Full-Time Monroe County 100 �i
BOCC Employee
2
0
Full-Time Employee of Lessee Full-Time Monroe County 100
Housing Authority
Employee y
Before applying its preference system, the Lessee will first match the
characteristics of the available unit to the applicant(s) available on the waiting
list. By matching unit and family characteristics and qualifications for a.foregoing 0
preference, it is possible that families who are lower on the waiting list may
receive an offer of housing ahead of families with an earlier date and time of
application.
The Lessee will verify all preference claims at the time they are made. The Lessee E
will re-verify a preference claim, if the lessee feels the applicant's or family's
circumstances have changed, at the time of selection from the waiting list.
If the preference verification indicates that an applicant does not qualify for the
preference, the applicant will be returned to the waiting list and ranked without
that preference and given an opportunity for a review. �-
Changes in an applicant's circumstances while on the waiting list may affect the
applicant's or his/her family's entitlement to a preference. Applicants are E
required to notify the Lessee in writing when their circumstances change. When
an applicant claims a preference, he or she will be placed on the waiting list in the
proper order of their newly claimed preference.
If the Lessee denies a preference, the applicant will be placed on the waiting list
' without the benefit of the preference. The Lessee will notify an applicant in
writing of the reasons why the preference was denied and offer the applicant an
opportunity for an informal meeting. The applicant will have 10 business days to, E
in writing, request that meeting. If the applicant does not request a meeting, and
Page 46 of 49
Packet Pg. 1665
if the preference denial is sustained/upheld as a result of such meeting, the
applicant will be placed on the waiting list without benefit of the preference.
If the applicant falsifies documents or makes false statements in order to qualify
for any preference, they will be removed from the waiting list with notification to
the applicant and/or the family on the application.
The waiting list will be purged at least annually by a mailing to all applicants to
ensure that the waiting list is current and accurate. The mailing will make a
request for current and/or updated information and confirmation of the
applicant's continued interest. If the applicant fails to respond to such mailing
within 14 calendar days, he/she will be removed from the waiting list. If the 14th
day falls on a Saturday, Sunday, or official designated federal or state holiday,the
14th day shall be considered the nearest next business day. If a letter is returned
by the post office without a forwarding address, the applicant will be removed
from the list without further notice and the envelope and letter will be
maintained in the file. If a letter is returned with a forwarding address,it will be
re-mailed to the address indicated.
0
When an applicant rejects the final unit offer by the Lessee, the Lessee will: y
Remove the applicant's name from the waiting list.
Remove from the waiting list means: The applicant must re-apply.
2
Applicants must accept a unit offer within io business days of the date the offer is
made. Offers made over the telephone will be confirmed by letter. If unable to
contact the applicant by telephone, the Lessee will send a certified letter.
Lessee must provide each applicant(s) approved to occupy a Workforce Housing E
Unit(s) with a Letter of Acknowledgment conforming to Exhibit"C."to this lease,
and each applicant(s) must return said Letter to Lessee properly executed and
notarized.
2
N
Page 47 of 49
Packet Pg. 1666
D.3.d
EXHIBIT "C"
LETTER OF ACKNOWLEDGEMENT
TO: Initial Lessee, or its assigns U
Address of Initial Lessee, or its assigns
DATE:-
E
This letter is given to (.....Initial Lessee....) as an acknowledgement in regard to
the affordable Workforce Housing Unit that I am renting. I hereby acknowledge the
following:
That I meet the requirements set forth in the Lease and Workforce
Housing Restrictions for this property to rent an affordable Workforce 0
Housing Unit. I understand that the unit I am renting is being rented to
me at a price restricted below fair market value for my, future similarly
situated persons and Monroe County's benefits. c
• That the Workforce Housing Unit that I am renting is subject to a 99-year
ground lease by and between Monroe County, a political subdivision of the y
State of Florida, and
(hereinafter"Lease").
That my legal counsel, . has explained
to me the terms and conditions of the Lease, including without limitation 2
the meaning of the terms "Workforce Housing Restrictions" and other
legal documents that are part of this transaction. If I have not had legal
counsel, I state here that I have had an opportunity to have obtain such
counsel, understand its importance, and have knowingly proceeded
without it.
• That I understand the terms of the Lease and Workforce Housing
Restrictions and how the terms and conditions set forth therein will affect
my rights, now and in the future.
o That I agree to abide by the Lease and Workforce Housing Restrictions, as
defined in the Lease, and I understand and agree for myself and my
successors in interest that Monroe County and State of Florida state --
agencies may change some of the Workforce Housing Restrictions over the
99-year term of the Lease and that I will be expected to abide by any such E
changes.
That I understand and agree that one of the goals of the Lease is to keep
the Workforce Housing unit affordable and exclusively used for said
purposes and I support this goal. "
• I must comply with the requirements set forth in the Lease.
o I am prohibited from severing the improvements from the real property.
® That my family and I must occupy the Workforce Housing Unit and that it
cannot be rented to third parties without the express written approval of
the Lessor.
Page 48 of 49 Packet Pg. 1667
D.3.d
o That I have reviewed the terms of the Lease and Workforce Housing
Restrictions, and that I consider said terms fair and necessary to preserve
the Workforce Housing Unit.
c�
0
Signatory(Printed Name) Signatory (Printed Name)
V)
Signatory(Signature) Signatory(Signature)
c�
STATE OF.
a
COUNTY OF .-.
a
The foregoing instrument,Letter of Acknowledgment,was attested before me this. .-
day of 20 , by and by
as who is/are personally known to me or produced
as proof of identification and did take an oath.
- - -.... 0
a
Notary Public(Print Name and Notary No.) Notary Public Seal
Notary Public(Signature)
a
E
E
U
Page 49 of 49
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Complete RFA as modified on 7-19-19
REQUEST FOR APPLICATIONS 2019-101
0
CJ
0
r-
0
COMMUNITY DEVELOPMENT BLOCK GRANT - DISASTER RECOVERY
FINANCING FOR WORKFORCE HOUSING FOR HURRICANE RECOVERY
IN MONROE COUNTY
0
Issued B 0
y�
m
FLORIDA HOUSING FINANCE CORPORATION
0
r.
0
m
0
Issued:July 2,2019
Due:August 6,2019
m
0
0
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0
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SECTION ONE
INTRODUCTION
CJ
Under this Request For Applications (RFA), an estimated $25 million Community Development Block 0
Grant—Disaster Recovery(CDBG-DR) Program funding will be made available for construction of 0
Workforce Housing (Development Funding) in Monroe County, PLUS an additional $10 million in CDBG-
DR Funding will be made available for acquiring land for those Developments that help address the
unmet Workforce Housing need in Monroe County(Land Acquisition Program Funding). If applying as a
Priority I or Priority II Application, land must remain affordable in Perpetuity.
Applicants that are selected to receive funding will be invited to enter credit underwriting and will be
expected to complete the credit underwriting process, including Board approval of the credit
underwriting report, and execute a written agreement within 12 months of the date of the invitation to
enter credit underwriting.
Florida Housing Finance Corporation, herein afterwards referred to as 'the Corporation', is soliciting
applications from qualified Applicants in accordance with the terms and conditions of this RFA, the 2018
State of Florida Action Plan for Disaster Recovery,the Department of Economic Opportunity's (DEO)
Workforce Housing Program Designs and Guidebooks, inclusive of all Exhibits, applicable laws, rules and
regulations, relevant Federal Notices, Rule Chapters 67-53, F.A.C. and 67-60, F.A.C., and the
Corporation's generally applicable construction and financial standards.
SECTION TWO
DEFINITIONS
Capitalized terms within this RFA shall have the meaning as set forth within this RFA, in Exhibit B, and
Rule Chapters 67-53, F.A.C., and 67-60, F.A.C., or in applicable federal regulations.
SECTION THREE
0
PROCEDURES AND PROVISIONS ,
Unless otherwise stated within the RFA, the Application package,forms and other information related to
this RFA may be found on the RFA Website at https://www.floridahousing.org/programs/developers-
multifamily-programs/competitive/2019/2019-101 (also available by clicking here .
0
m
A. Submission Requirements
1. Application Deadline
The Application Deadline is 3:00 p.m., Eastern Time, on August 6, 2019.
2. Completing the Application Package
m
a. Downloading and completing the documents provided by the Corporation 0
0
0
Download and complete the following documents found on the RFA Website:
m
(1) The Application (Exhibit A of the RFA); 0
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(2) The Development Cost Pro Forma; and
0
(3) The CDBG-DR Principals of the Applicant and Developer(s) Disclosure
Form (Form Rev. 06-19) ("Principals Disclosure Form"). A Principals
Disclosure Form that was approved during the Advance Review Process, o
which is described in Section Four A.3.c. of the RFA, may be used to
satisfy this requirement.
The download process may take several minutes. Applicants should save these
three documents with a file name that is unique to the specific Application.
2
b. Creating the All Attachments Document 0
0
In addition to the three documents described in a. above, the Application
Package also includes one copy consisting of all of the applicable completed m
Attachments described in the RFA("All Attachments Document").
Compile all of the attachments described in the RFA into one pdf file separated
by pages labeling each Attachment to create the All Attachments Document.
This may be accomplished by merging the documents using a computer
program such as Adobe Acrobat Pro or by scanning all of the attachments
together.
Note: The Corporation has provided sample pages that may be used to separate
the attachments on the RFA Website. If any of the attachments are not
applicable,the Applicant should insert a page stating "Not Applicable" behind
the separation page.
3. Uploading the Application Package
The Application Package consists of Exhibit A,the Development Cost Pro Forma,the o
Principal Disclosure Form, and the All Attachments Document. To upload the
Application Package:
r.
a. Go to the RFA Website.
b. Click the link to login and upload the Application Package. Note: A username
and password must be entered. If the Applicant has not previously created a
username and password,the Applicant will need to create one prior to the
upload process.
C. After successfully logging in, click"Upload Application Package." Enter the
Development Name and click "Browse"to locate the following completed
documents saved on the Applicant's computer: m
0.
(1) The Application (Exhibit A) in Word format;
(2) The Development Cost Pro Forma in Excel format;
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(3) The Principals Disclosure form in Excel format. (If the Applicant
received an approved Principals Disclosure Form through the Advance
Review Process, the approved form is what should be uploaded); m
0
(4) The All Attachments Document in a pdf format.
The average file size is 1.0 MB and should take a moment or two to upload.
Larger files may take longer to upload. There is a file size limit of 15 MB, but this
may be able to be reduced without reducing the number of pages submitted.
Examples of factors that affect file size include the resolution of the scanner or
scanning the documents in color or as a graphic/picture.
0
d. After the four documents are displayed in the Upload webpage, click"Upload o
Selected Files"to electronically submit the documents to the Corporation by the
Application Deadline. Then the Uploaded Application (consisting of all four
documents comprising the Application Package), and its assigned Response
Number will be visible in the first column.
Note: If the Applicant clicks "Delete" prior to the Application Deadline,the Application
will no longer be considered a Submitted Application and the Applicant will be required
to upload the Application Package again in order for these documents to be considered >
2
an Uploaded Application. This will generate a new Response Number.
4. Submission to the Corporation
m
By the Application Deadline, provide to the Corporation the following:
a. A sealed package containing a printed copy of the final Application Package
housed in a 3-ring-binder with numbered divider tabs for each attachment. The
final assigned Response Number should be reflected on each page of the
printed copy of the Application Package; and
b. The required non-refundable Application fee, payable to Florida Housing
Finance Corporation (check or money order only). r�
• The Application Fee for Priority I Applications is$1,500.
m
• The Application fee for Priority II and III Applications is$3,000.
The Applicant should label the outside of the shipping box with the applicable RFA ,
number.The Corporation will not consider faxed or e-mailed Applications.
After 3:00 p.m., Eastern Time, on the Application Deadline, each Application for which a
hard copy, an electronically submitted copy, and the Application Fee are received by the
Application Deadline will be assigned an Application number. In addition, these
Applications will be assigned a lottery number by having the Corporation's internal
auditors run the total number of Applications received through a random number
generator program.
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The printed copy of the Application Package must be addressed to:
0
Marisa Button
Director of Multifamily Allocations
Florida Housing Finance Corporation 0
227 N. Bronough Street, Suite 5000,Tallahassee, FL 32301
0
If the hard copy of the Application Package is not identical to the electronically
submitted Application Package, the electronically submitted Application Package will be
utilized for scoring purposes.
0
Pursuant to subsection 67-60.004(2), F.A.C., any Applicant may request withdrawal of its 0
Application from a competitive solicitation by filing a written notice of withdrawal with 0
the Corporation Clerk. For purposes of the funding selection process,the Corporation
shall not accept any Application withdrawal request that is submitted between 5:00
p.m., Eastern Time, on the last business day before the date the Review Committee
meets to make its recommendations until after the Board has taken action on the
Review Committee's recommendations, and such Application shall be included in the
funding selection process as if no withdrawal request had been submitted. Any funding
or allocation that becomes available after such withdrawal is accepted shall be treated
as Returned Funding and disposed of according to Section Five B. of the RFA.
B. This RFA does not commit the Corporation to award any funding to any Applicant or to pay any
costs incurred in the preparation or delivery of an Application.
m
C. Florida Housing reserves the right to:
1. Waive Minor Irregularities; and
2. Accept or reject any or all Applications received as a result of this RFA.
0
D. Any interested party may submit any inquiry regarding this RFA in writing to the Director of
Multifamily Allocations via e-mail at RFA_2019-101_Questions@floridahousing.org (also
accessible by clicking here)with "Questions regarding RFA 2019-101" as the subject of the
email. All inquiries are due by 5:00 p.m., Eastern Time, on Tuesday,July 23, 2019. Phone calls or
written inquiries other than at the above e-mail address will not be accepted.The Corporation
expects to respond to all inquiries by 5:00 p.m., Eastern Time, on Friday,July 26, 2019, and will
post a copy of all inquiries received, and their answers, on the RFA Website. The Corporation
will also send a copy of those inquiries and answers in writing to any interested party that
requests a copy.The Corporation will determine the method of sending its answers, which may
include regular United States mail, overnight delivery, fax, e-mail, or any combination of the
above. No other means of communication, whether oral or written, shall be construed as an
official response or statement from the Corporation.
E. Any person who wishes to protest the specifications of this RFA must file a protest in compliance 0
with Section 120.57(3), Fla. Stat., and Rule Chapter 28-110, F.A.C. Failure to file a protest within 0
the time prescribed in Section 120.57(3), Fla. Stat., shall constitute a waiver of proceedings
m
under Chapter 120, Fla. Stat.
0
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F. By submitting this Application, including all applicable attachments thereto, each Applicant
agrees to the terms and conditions outlined in the RFA and certifies that:
1. Public Records. Any material submitted in response to this RFA is a public record o
pursuant to Chapter 119, Fla. Stat. Per Section 119.071(1)(b)2.,the sealed Applications o
received by the Corporation are exempt from disclosure until such time as the Board
provides notice of an intended decision or until 30 Calendar Days after the opening of
the sealed Applications, whichever is earlier.
2. Noninterference. At no time during the review and evaluation process, commencing
with the Application Deadline and continuing until the Board renders a final decision on
the RFA, may Applicants or their representatives contact Board members or Corporation
staff, except Corporation legal staff, concerning their own or any other Applicant's
Application. If an Applicant or its representative does contact a Board or staff member
in violation of this section,the Board shall, upon a determination that such contact was
made in an attempt to influence the selection process, disqualify the Application.
3. Requirements. Proposed Developments funded under this RFA will be subject to the
requirements of the RFA, the 2018 State of Florida Action Plan for Disaster Recovery
including subsequent Substantial and Technical Amendments, inclusive of all Exhibits,
the Application requirements outlined in Rule Chapter 67-60, F.A.C, and the Compliance
2
requirements of Rule Chapter 67-53, F.A.C.
4. Modifications. Any modifications that occur to the Request for Application will be
posted on the web site and may result in an extension of the deadline. It is the
responsibility of the Applicant to check the website for any modifications prior to the
Application Deadline.
G. The Corporation expects to select one or more Applications to award the funding contemplated �—
by this RFA. Any such Applications will be selected through the Corporation's review of each
Application, considering the factors identified in this RFA. ,
SECTION FOUR
INFORMATION TO BE PROVIDED IN APPLICATION
Provided below are the instructions to be used in completing Exhibit A of this RFA. Unless stated
otherwise, all information requested in the RFA pertains to the Development proposed in this
Application.
A. Exhibit A Items
cv
1. Required Certification and Acknowledgement
a. Applicant Certification and Acknowledgement form
An Applicant Certification and Acknowledgement form, executed by the Authorized 0
Principal Representative, must be included as Attachment 1 to Exhibit A to indicate the
Applicant's certification and acknowledgement of the provisions and requirements of
the RFA. The Applicant Certification and Acknowledgement form is provided on the RFA
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Website. Note: If any version of the Applicant Certification and Acknowledgement form
other than the version included in this RFA,the form will not be considered.
b. Land Owner Certification and Acknowledgement form (Priority I and II Applications only) o
0
To be considered a Priority I or 11 Application, a Land Owner Certification and
Acknowledgement form, executed by the Authorized Land Owner Representative, must
be included as Attachment 1 to Exhibit A to indicate the Land Owner's certification and
acknowledgement of the provisions and requirements of the RFA. The Land Owner
Certification and Acknowledgement form is provided on the RFA Website.
2
2. Demographic Commitment 0
0
The Demographic Commitment must be Workforce households at or below 80%of the Area
Median Income, serving general occupancy. m
3. Applicant/Developer/Management Company/Contact Person m
a. Applicant Information
(1) State the name of the Applicant entity and select the type of organizational
structure of the Applicant.
(2) State whether the Application qualifies as Priority 1, 11 or Ill. If no selections are
made,the Application will be deemed a Priority Ill Application.
If the Application is a Priority I or 11 Application, state the name of the Local
Government, Public Housing Authority, Land Authority, or Community Land
Trust ("Land Owner")for use in the Land Owner Award Tally.The Land Owner
will be the recipient of the amount of CDBG-DR Funding needed for land
acquisition when land acquisition costs are part of the Development Cost of any o
Priority I Applications and Priority 11 Applications. This will be regardless of
whether the Application is awarded both Land Acquisition Funding and
Development Funding or only Development Funding. The affordable housing
Development must be owned by the Applicant.
(a) Priority I Applications Qualifications
(i) Applicant Structure
The Applicant entity is a Local Government, a Public Housing
cv
Authority, Land Authority, or Community Land Trust as defined
in Exhibit B;
m
OR
0
The Applicant entity is Single Purpose Legal Entity that is a joint
venture with a Local Government, a Public Housing Authority,
Land Authority, or Community Land Trust serving as Land
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Owner AND the Single Purpose Legal Entity meets the definition
of a 100% Non-Profit Entity as defined in Exhibit B. If the Local
Government, Public Housing Authority, Land Authority, or m
Community Land Trust is in the Applicant ownership structure,
it may or may not be the same Local Government, Public o
Housing Authority, Land Authority, or Community Land Trust
that is the Land Owner.The Land Owner is not required to be a
part of the Applicant entity. The joint venture relationship will
be demonstrated through the Land Owner Certification form
and the site control documents.
2
(ii) Ownership of Land
0
A Local Government, Public Housing Authority, Land Authority,
or Community Land Trust holds 100 percent ownership in the
land ("Land Owner").
Note: The Land Owner will be the recipient of the amount of
CDBG-DR Funding needed for land acquisition when land
acquisition costs are part of the Development Cost of any
Priority I Applications and Priority II Applications. This will be
regardless of whether the Application is awarded both Land
Acquisition Funding and Development Funding or only
Development Funding.
m
State the name of the Local Government, Public Housing
Authority, Community Land Trust, or Land Authority that will be
the Land Owner. This will be used to describe the Land Owner
Award Tally described in the Funding Selection Process and, if
applicable, will be the recipient of the Land Acquisition Funding.
If the Community Land Trust is the Land Owner, the Community '
Land Trust must demonstrate that it qualifies as a Community '
Land Trust by providing the following as Attachment 2:
• The Community Land Trust must provide its Articles of
Incorporation or Bylaws demonstrating it has existed since o
June 28, 2018 or earlier and that a purpose of the
Community Land Trust is to preserve affordable housing;
and
• The Community Land Trust must provide a list of at least `
two Developments and/or a list of units or parcels of land
that equals at least 50 percent of the units in the proposed
Development that the Community Land Trust has owned or 0
developed. If the list consists of Developments, at least one
Development must consist of at least 50 percent of the
units in the proposed Development.
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(iii) Affordable into Perpetuity
0
The proposed Development must be affordable in Perpetuity.
For purposes of this RFA, Perpetuity means 99 years or more.
0
(iv) Funding
0
• Development Funding - Must apply for Development
Funding. The maximum request is the lesser of$8,000,000
or Total Maximum Per Unit CDBG-DR Rental FHFC Subsidy
Limit for Monroe County.
0
• Land Acquisition Program Funding— Priority I Applications 0
that include any costs for land acquisition must request up
to $5,000,000 in Land Acquisition Program Funding to pay
for land acquisition costs. The Land Acquisition Program
Funding Request Amount must meet the following criteria:
(i)the land acquisition expenses must be stated on the
Development Cost Pro Forma; (ii) the Land Acquisition
Program Funding Request Amount must be$5,000,000 or
less; (iii) if the land acquisition expenses stated on the
Development Cost Pro Forma exceed $5,000,000,then non-
CDBG-DR sources must be demonstrated on the
Development Cost Pro Forma to pay for the land acquisition
expenses that exceed $5,000,000; (iv) the site control T
documentation must include an appraisal as further
outlined in Section Four, A.7.a. of this RFA. All Priority I
Applicants must commit to making the land affordable into
Perpetuity.
0
(v) Selection Process
Eligible Priority I Applications will be selected for funding first '
and will continue to be selected for funding if Applications can
be fully funded. Priority 11 or III Applications will not be selected
for funding unless there is funding remaining and no eligible
Priority I Applications can be fully funded. a
If the Land Acquisition Program Funding is depleted and eligible
Priority I Applications remain, Priority I Applications may be fully
funded from Development Program Funding, if(i)the total
request in funding is$8 million or less, and (ii) enough funding `
remains in the Development Program Funding to fully fund the
Application.
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0
(b) Priority 11 Applications Qualifications m
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(i) Applicant Structure
0
The Applicant entity is Single Purpose Legal Entity that is a joint
venture with a Local Government, a Public Housing Authority,
Land Authority, or a Community Land Trust serving as Land o
Owner AND a Single Purpose Legal Entity that includes a For
Profit Entity as defined in Exhibit B. If the Local Government,
Public Housing Authority, Land Authority, or Community Land
Trust is in the Applicant ownership structure, it may or may not
be the same Local Government, Public Housing Authority, Land
Authority, or Community Land Trust that is the Land Owner.The
2
Land Owner is not required to be a part of the Applicant entity.
The joint venture relationship will be demonstrated through the
Land Owner Certification form and the site control documents.
(ii) Ownership of Land
A Local Government, Public Housing Authority, Land Authority,
or Community Land Trust holds 100 percent ownership in the
land ("Land Owner").
2
Note: The Land Owner will be the recipient of the amount of
CDBG-DR Funding needed for land acquisition when land W
acquisition costs are part of the Development Cost of any
Priority I Applications and Priority II Applications. This will be
regardless of whether the Application is awarded both Land
Acquisition Funding and Development Funding or only
Development Funding.
State the name of the Local Government, Public Housing
Authority, Community Land Trust, or Land Authority that will be ,
the Land Owner. This will be used to describe the Land Owner '
Award Tally described in the Funding Selection Process and, if
applicable, will be the recipient of the Land Acquisition Funding.
If the Community Land Trust is the Land Owner, the Community
Land Trust must demonstrate that it qualifies as a Community
Land Trust by providing the following as Attachment 2:
• The Community Land Trust must provide its Articles of
Incorporation or Bylaws demonstrating it has existed since June
28, 2018 or earlier and that a purpose of the Community Land
Trust is to preserve affordable housing; and
m
• The Community Land Trust must provide a list of at least two
Developments and/or a list of units or parcels of land that o
equals at least 50 percent of the units in the proposed
Development that the Community Land Trust has owned or
developed. If the list consists of Developments, at least one
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Development must consist of at least 50 percent of the units in
the proposed Development
(iii) Affordable into Perpetuity
0
The proposed Development must be affordable in Perpetuity.
For purposes of this RFA, Perpetuity means 99 years or more.
(iv) Funding
• Development Funding- Must apply for Development
Funding. The maximum request is the lesser of$8,000,000
or Total Maximum Per Unit CDBG-DR Rental FHFC Subsidy
Limit for Monroe County.
• Land Acquisition Program Funding— Priority II Applications
that include any costs for land acquisition must request up m
to $5,000,000 in Land Acquisition Program Funding to pay
for land acquisition costs. The Land Acquisition Program
Funding Request Amount must meet the following criteria:
(i)the land acquisition expenses must be stated on the >
0
Development Cost Pro Forma; (ii) the Land Acquisition 0.
Program Funding Request Amount must be$5,000,000 or W
less; (iii) if the land acquisition expenses stated on the
Development Cost Pro Forma exceed $5,000,000,then non- m
CDBG-DR sources must be demonstrated on the
Development Cost Pro Forma to pay for the land acquisition
expenses that exceed $5,000,000; (iv) the site control
documentation must include an appraisal as further �—
outlined in Section Four, A.7.a. of this RFA.. All Priority II
Applicants must commit to making the land affordable into
Perpetuity.
(v) Selection Process
Eligible Priority II Applications will be selected for funding after
all Priority I Applications that can be fully funded are selected.
Priority 11 Applications will continue to be selected for funding if
Applications can be fully funded. Priority III Applications will not
be selected for funding unless there is funding remaining and no
eligible Priority I or 11 Applications can be fully funded.
If the Land Acquisition Program Funding is depleted and eligible
Priority 11 Applications remain, Priority 11 Applications may be
fully funded from Development Program Funding, if(i)the total o
request in funding is$8 million or less, and (ii) enough funding
remains in the Development Program Funding to fully fund the
Application.
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(c) Priority III Application Qualifications
0
All Applications that are not otherwise deemed a Priority I or Priority II
Application will be deemed a Priority III Application.
0
(i) Affordability Period
0
50 years
(ii) Funding
• Development Funding—All Applicants must apply for
Development Funding. The maximum request amount is
the lesser of$8,000,000 or Total Maximum Per Unit CDBG-
DR Rental FHFC Subsidy Limit for Monroe County(which m
may include land acquisition expenses not eligible for Land
Acquisition Program Funding). m
• Land Acquisition Program Funding— Priority III Applicants
are not eligible for Land Acquisition Program Funding.
(iii) Selection Process
0
Eligible Priority III Applications will be selected for funding after
all Priority I and II Applications that can be fully funded are
m
selected. Priority III Applications will continue to be selected for
funding if the Application can be fully funded.
(3) If the Applicant is a Single Purpose Legal Entity,the Applicant must be a legally
formed entity [i.e., limited partnership, limited liability company, etc.] qualified
to do business in the state of Florida as of the Application Deadline. Evidence o
from the Florida Department of State, Division of Corporations, that the
Applicant satisfies the foregoing requirements must be included as Attachment
2 to Exhibit A. Such evidence may be in the form of a certificate of status or r�
other reasonably reliable information or documentation issued, published or
made available by the Florida Department of State, Division of Corporations.
(4) Non-Profit Application
(a) Non-Profit Application Qualifications
cv
State whether the Applicant meets the definition of a Non-Profit Entity
as stated in Exhibit B for purposes of this RFA. To qualify (i)the
question in Exhibit A must be answered demonstrating that the
Applicant meets the definition of Non-Profit as set out in Exhibit B; and
(ii) the required information stated below is provided.
Provide the following information for the Non-Profit entity that meets
the definition stated in Exhibit B as Attachment 3:
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(i) The IRS determination letter;
0
(ii) The names and addresses of the members of the governing
board of the Non-Profit entity; and o
0
(iii) The articles of incorporation demonstrating that one of the
purposes of the Non-Profit entity is to foster low-income
housing.
Any Applicant that applies as a Non-Profit but is not considered a Non-
Profit will still be eligible for funding as a for profit entity.
0
(b) 100% Non-Profit Application Qualifications
State whether the Applicant also meets the definition of a 100% Non- m
Profit Entity as stated in Exhibit B for purposes of this RFA. To qualify(i)
the question in Exhibit A must be answered demonstrating that the m
Applicant meets the definition of 100% Non-Profit as set out in Exhibit
B; and (ii)the required information stated above is provided.
The Applicant's Non-Profit and 100% Non-Profit status will be verified during
credit underwriting. If this cannot be verified,the Applicant will no longer be
considered a Non-Profit Applicant and/or 100% Non-Profit Applicant and
funding awarded under this RFA may be rescinded.
m
b. General Developer Information
(1) State the name of each Developer, including all co-Developers. A developer is
any individual, association, corporation,joint venture, governmental
organization or partnership which possesses the skill, experience, and credit
worthiness to successfully produce affordable housing as required in the o
Application.
(2) Each Developer entity identified (that is not a natural person, Local
Government, Public Housing Authority, or Land Authority) must be a legally
formed entity qualified to do business in the state of Florida as of the
Application Deadline. For each stated Developer entity(that is not a natural T
person, Local Government, Public Housing Authority, or Land Authority),
provide, as Attachment 4 to Exhibit A, evidence from the Florida Department of
State, Division of Corporations, that the Developer satisfies the foregoing
requirements. Such evidence may be in the form of a certificate of status or
other reasonably reliable information or documentation issued, published or
made available by the Florida Department of State, Division of Corporations.
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(3) Affordable Housing Experience
0
To qualify for this funding preference, at least one natural person Principal of
the Developer entity, or if more than one Developer entity, at least one natural
person Principal of at least one of the Developer entities, must demonstrate
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experience in the completion; (i.e., the certificate of occupancy has been issued
for at least one building), of at least one affordable rental housing development
consisting of a total number of units no less than 50 percent of the total number m
of units in the proposed Development. This must be demonstrated by providing
as Attachment 4 to Exhibit A, a prior experience chart. The individual meeting o
the required experience must be disclosed as a Principal of the Developer on
the Principals Disclosure Form. If providing experience acquired from a previous
affordable housing Developer entity, the person stated in the chart below must
have been a Principal of that Developer entity as the term was defined at that
time.
2
The Developer experience chart must include the following information: D
0
Prior General Development Experience Chart ¢
Name of the natural person Principal with the required experience:
Name of Developer Entity(for the proposed Development)for which the above individual is a Principal:
Name of Location Federal Program that Total Year Federal Programs such as
Development (City&State) Provided Financing Number Completed Davis Bacon requirements
(HOME for example) of Units and Environmental Review
requirements applied? (Y/N)
0
(4) Federal Funding Experience Preference
Applications with less than 8 units will automatically qualify for the Federal
Funding Experience Preference.
Applications with 8 or more units will qualify for the Federal Funding Experience
Preference if at least one Principal of the Developer entity, or if more than one
Developer entity, at least one Principal of at least one of the Developer entities,
demonstrates experience in the chart above in the completion; (i.e., the o
certificate of occupancy has been issued for at least one building), of at least
one affordable rental housing development consisting of at least eight total ,
units that was financed with federal funding and required all federal programs
such as Davis Bacon requirements and Environmental Review requirements.
C. Principals Disclosure for the Applicant and for each Developer (5 points)
(1) Eligibility Requirements
To meet the submission requirements, upload the CDBG-DR Principals of the
Applicant and Developer(s) Disclosure Form (Form Rev. 06-19) ("Principals
Disclosure Form") as outlined in Section Three above.
m
To meet eligibility requirements, the Principals Disclosure Form must identify, as
of the Application Deadline, the Principals of the Applicant and each Developer 0
as defined in Exhibit B and according to the disclosure requirements set forth
below. Reminder:The Land Owner in Priority I and II Applications is not required
to be a part of the Applicant entity.
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Disclosing the Applicant Entity Principals on the Principal Disclosure Form, as
defined in Exhibit 8:
(a) Disclose all of the Principals of the Applicant (first principal disclosure
level).A Principal that is a Local Government or Land Authority need o
only be disclosed at the first principal disclosure level and no other
disclosure is required;
(b) Disclose all of the Principals of all the entities identified in paragraph (a)
above (second principal disclosure level);
2
(c) Disclose all of the Principals of all of the entities identified in paragraph 0
(b) above (third principal disclosure level). Unless the entity is a trust,
all of the Principals must be natural persons; and
(d) If any of the entities identified in (c) above are a trust, disclose all of the
Principals of the trust(fourth principal disclosure level), all of whom E
must be natural persons.
Disclosing the Developer Principals on the Principal Disclosure Form, as defined
in Exhibit 8:
2
0.
0.
(a) Disclose all of the Principals of the Developer (first principal disclosure
level); and '✓
m
(b) Disclose all of the Principals of all the entities identified in paragraph (a)
above (second principal disclosure level).
The Principals Disclosure Form is available on the RFA Website.
(2) Point Item E
5 points will be awarded if the uploaded Principal Disclosure Form was stamped ,
"Approved" during the Advance Review Process provided it is still correct as of
Application Deadline. The Advance Review Process for Disclosure of Applicant
and Developer Principals is available on the RFA Website and also includes
samples which may assist in completing the required Principals Disclosure Form.
Note: It is the sole responsibility of the Applicant to review the Advance Review
Process procedures and to submit any Principals Disclosure Form for review in a ,
timely manner in order to meet the Application Deadline.
(3) For purposes of the following, a material change shall mean 33.3 percent or
more of the Applicant, a general partner of the Applicant, or a non-investor
member of the Applicant, and a non-material change shall mean less than 33.3
percent of the Applicant, a general partner of the Applicant, or a non-investor
member of the Applicant, or 33.3 percent or more of the Land Owner.
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The name of the Applicant or Land Owner entity stated in the Application may
be changed only by written request to Corporation staff and approval of the
Board after the Applicant has been invited to enter credit underwriting. m
0
The Applicant entity, and if applicable, Land Owner entity, shall be the 0
borrowing entity and cannot be changed in anyway(materially or non-
materially) until after loan closing. After loan closing, (a) any material change
will require review and approval of the Credit Underwriter, as well as approval
of the Board prior to the change, and (b) any non-material change will require
review and approval of the Corporation, as well as approval of the Board prior
to the change. Changes to the Applicant or Land Owner entity(material or non-
material) prior to the loan closing or without Board approval after the loan
closing may result in disqualification from receiving funding and may be deemed 0
a material misrepresentation. Changes to the officers or directors of a Public
Housing Authority, office or directors of a Non-Profit entity, Local Government,
Land Authority or the investor limited partner of an Applicant limited
partnership or the investor-member of an Applicant limited liability company
owning the syndicating interest therein will not result in disqualification.
The Principals of each Developer identified in the Application, including all co-
Developers, may be changed only by written request to Corporation staff and
approval of the Board after the Applicant has been invited to enter credit
underwriting. In addition, any allowable replacement of an experienced
Principal of a Developer entity must meet the experience requirements that
were met by the original Principal. T
d. General Management Company
(1) Required for all Developments
0
Provide the name of the General Management Company for the Development. ,
Note: If selected for funding, the Corporation must approve the selection or
replacement of a management company prior to such company assuming r;
responsibility for the Development, using the following criteria:
0
m
• Evidence of authorization to conduct business in the State of Florida.
• Real estate licensure as required under Chapter 475, Florida Statutes
• Review of company information including resumes of key management cv
personnel, management experience, and operating procedures.
0
• Review of company forms such as application for apartment residence,
income verification forms, lease, etc. 0
0
• Key management company representatives must attend a Corporation
compliance training workshop. Such workshops are posted on the webpage
0
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https://www.florida housi ng.o rgZowne rs-a nd-
ma nage rs/com pl is nce/com pl is nce-tra i n i ng
(2) Required for Developments consisting of more than 25 units
0
If the Development consists of more than 25 units,Applicants must
demonstrate that the listed Management Company has experience in the
management of at least two affordable rental housing properties (i.e.,
properties funded through an affordable housing program such as Housing
Credits,Tax-Exempt Bonds, HOME, SAIL, etc.), at least one of which consists of a
total number of units no less than 50 percent of the total number of units in the
proposed Development, for at least two years each. Provide, as Attachment 5,
the required prior experience chart for the Management Company or a principal o
of the Management Company reflecting the required information.
The prior experience chart must include the following information:
Prior General Management Experience Chart
Name of Management Company or a Principal of the Management Company with the Required Experience:
Name of Location Currently Managing Length of Time Total
Development (City&State) or (Number of Number
Formerly Managed Years) of Units
e. Contact Person
m
(1) Enter the information for the required Authorized Principal Representative. The
Authorized Principal Representative (a) must be a natural person Principal of the —
Applicant listed on the Principal Disclosure Form; (b) must have signature
authority to bind the Applicant entity; (c) must sign the Applicant Certification
and Acknowledgement form submitted in this Application; (d) must sign the Site o
Control Certification form submitted in this Application; and (e) if funded, will
be the recipient of all future documentation that requires a signature.
r.
(2) A separate Operational Contact Person may be included, if desired. If provided,
the Operational Contact Person will be the recipient of any general
correspondence associated with the Development activities that does not
require a signature. If an Operational Contact Person is not provided, the
Authorized Principal Representative will be the recipient of any such
documentation.
cv
4. General Proposed Development Information ,
a. State the name of the proposed Development.
b. Development Category must be new construction, with or without acquisition. All units
must consist entirely of new construction units. Rehabilitation of existing units is not
allowed. Demolition of current structures is allowed, subject to Davis Bacon regulations.
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C. Development Type
0
Select the Development Type for the proposed Development. For mixed-type
Developments, indicate the type that will comprise the majority of the units in the
Development. o
• Single Family Homes including modular homes that are installed by certified
contractors �+
• Garden Apartments (a building comprised of 1, 2 or 3 stories, with or without an
elevator)
• Duplexes
• Quadraplexes
For purposes of determining the number of stories, each floor in the building(s) should o
be counted regardless of whether it will consist of retail, parking, or residential.
d. Resiliency Preference
(1) Applications that select the Single Family Homes Development Type will
automatically qualify for the Resiliency Preference.
(2) To qualify for the Resiliency Preference by qualifying for"Enhanced Structural
Systems Construction" or"ESS Construction",the proposed Development must 0.
0.
meet at least one of the specifications listed below. W
For all buildings all of the following structural elements must consist of 100
percent poured concrete/masonry, 100 percent steel, or a combination adding
up to 100 percent of concrete/masonry and steel, as verified during credit
underwriting: all exterior walls and other external load-bearing elements, as
well as the floor of the lowest story of the building that contains residential,
commercial or storage space (other than parking), and any under-floor/under-
ground supports for that lowest story's floor.
For the purposes of determining "ESS Construction,"there is no requirement
regarding the materials to be used in the roof of the building.
g g g•
These qualifying criteria specifically exclude face brick or brick veneer from
qualifying as ESS Construction for purposes of this RFA unless the proposed
Development otherwise meets the requirements in (1) or(2) above.
For purposes of this RFA, the Corporation will consider an Application to meet
the ESS Construction Requirement if the answer to question 4.d. of Exhibit A is
"Yes."This will be verified during the credit underwriting process. If this cannot
be verified the Development will no longer be considered ESS Construction, and m
funding awarded under this RFA may be rescinded. 0.
0
e. State whether construction has commenced as of Application Deadline. Note: If"Yes",
all rules and regulations in Item 5 of Exhibit C,which includes cross-cutting Federal
Regulations, will apply.
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5. Location of Proposed Development
0
a. County
0
This RFA is open only to Developments located in Monroe County, excluding the portion
of Monroe County included within the designated exterior boundaries of the Everglades
National Park and areas north of said Park.
b. Provide the Address of the Development site
Indicate (1)the address number, street name, and name of city, and/or(2)the street
name, closest designated intersection, and either name of city or unincorporated area
of county. If the proposed Development consists of Scattered Sites, this information o
must be provided for each of the Scattered Sites.
C. State whether the Development consists of Scattered Sites.
If the proposed Development consists of Scattered Sites, the following conditions must
be met:
(1) Site control and Ability to Proceed must be demonstrated in the Application for
all Scattered Sites; and
(2) All Scattered Sites must be located within Monroe County excluding the portion �--
of Monroe County included within the designated exterior boundaries of the
Everglades National Park and areas north of said Park.
d. Latitude/Longitude Coordinates
Provide latitude and longitude coordinates for each site including, if applicable, each of
the Scattered Sites, stated in decimal degrees, rounded to at least the sixth decimal o
place.
Note: 30.443900, -84.283960 is an example of decimal degrees format, represented to
six decimal places. '
6. Number of Units and Buildings
a. State the total number of units in the proposed Development.
All proposed Developments must consist of a minimum of 5 total units. There is no
maximum number of units. Note: A single family home is considered one unit.
Note:The total number of units stated in the Application may be increased after the
Applicant has been invited to enter credit underwriting, subject to written request of an
Applicant to Corporation staff and approval of the Corporation. o
b. Set-Aside Commitments
(1) Workforce Units
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The Applicant must commit to set aside 100 percent of the total units at or
below 80 percent Area Median Income (AMI). m
0
(2) Extremely Low-Income (ELI) Set-Aside Units 0
0
At least 10 percent of the total units must be set-aside at or below 25 percent
AMI as Extremely Low-Income (ELI) Set-Aside Units.
(3) Link Units for Persons with Special Needs
0
All Developments must commit to set-aside at least 50 percent of the ELI Set-
Aside units (i.e., at least 5 percent of the total units) as Link Units for Persons 0
with Special Needs.
At least one member of each Link unit's household shall be referred by a Special
Needs Household Referral Agency(Referral Agency) with which the owner
executes a Link Memorandum of Understanding(MOU) approved by the
Corporation. The current list of designated Special Needs Household Referral
Agencies for each county is published on the Corporation's Website at
http://apps.floridahousing.org/StandA]one/SpecialNeeds/ContentPage.aspx?PA
GE=Link%201nitiative%20Page (also accessible by clicking here). The Applicant
must execute a Link Memorandum of Understanding (MOU)with at least one of �--
the Special Needs Household Referral Agencies serving Monroe County.The
deadline for the Corporation's approval of the fully executed Link MOU will be
stated in the invitation to enter credit underwriting.
Additional requirements for the Link Units for Persons with Special Needs are
described in Exhibit E of the RFA.
0
C. Unit Mix
Complete the Unit Mix Chart listing the total number of bedrooms per unit,the total
number of bathrooms per unit (including half-baths, if applicable), the total number of
units per bedroom type, and the number of units that are ELI Set-Aside units. All units
in the proposed Development must be listed, including all manager/employee units, if
applicable.
No more than 25 percent of the total units may be comprised of Zero Bedroom units. ,
cv
If additional space is required, enter the information in the Addenda. Note: During
credit underwriting, the credit underwriter will verify that the ELI Set-Aside units are
distributed across the unit mix on a pro-rata basis.
d. State the anticipated number of residential buildings. 0
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0
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The number of residential buildings stated in the Application may be changed only by
written request to Corporation staff after the Applicant has been invited to enter credit
underwriting.
0
e. Compliance Period 0
(1) Compliance Requirement for Priority I and II Applications
The HUD affordability period requires units to be set aside for 20 years. By
submitting its Application,the Applicant agrees and acknowledges that the
proposed Development will include the required income and set-aside units
committed to in the Application in Perpetuity. For purposes of this RFA,
Perpetuity means at least 99 years. Applicant will be responsible for compliance
monitoring fees for 50 years.
(2) Compliance Requirement for Priority III Applications
The HUD affordability period requires units to be set aside for 20 years. The
Corporation is adding 30 years of an extended affordability period to the HUD _
affordability period for Priority III Applications, for a total Set Aside
Commitment of 50 years for Priority III Application. Applicant will be >
responsible for compliance monitoring fees for 50 years.
Note: The Compliance Period committed to in this section includes the units set aside
for the Demographic Commitments made in this RFA, which includes the commitments
for Link Units and ELI Households.
7. Readiness to Proceed —
a. Site Control
0
The properly executed Site Control Certification form (Form Rev. 08-18) must be
provided as Attachment 6 to demonstrate site control as of Application Deadline.
Attached to the form must be documents that meet the conditions outlined below. The
r.
Site Control Certification form is provided on the RFA Website. '
Note: The Corporation will not review the site control documentation that is submitted
with the Site Control Certification form during the scoring process unless there is a
reason to believe that the form has been improperly executed, nor will it in any case
evaluate the validity or enforceability of any such documentation. During scoring, the
Corporation will rely on the properly executed Site Control Certification form to
determine whether an Applicant has met the requirement of this RFA to demonstrate
site control.The Corporation has no authority to, and will not, evaluate the validity or
enforceability of any eligible site control documentation that is attached to the Site a,
Control Certification form during the scoring process. During credit underwriting, if it is
determined that the site control documents do not meet the above requirements,the 0
Corporation may rescind the award.
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Priority I or II Applications seeking Land Acquisition Program Funding Requirements
0
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The land must be affordable into Perpetuity. This RFA provides funding to purchase
land or provides reimbursement to Applicants that have purchased land since
September 10, 2017, the date Hurricane Irma made landfall. No Affiliate or Principal of m
the Applicant or Developer seeking CDBG-DR Land Acquisition Program Funding
reimbursement may have owned the land at any time prior to September 10, 2017. o
Note: There is no guarantee of funding or purchase reimbursement, even for Applicants
that are selected for funding.To be eligible for funding or reimbursement, other
conditions such as an environmental review and approval during credit underwriting,
among others, must be met.
Land Acquisition Program Funding for the future purchase of land
2
(1) The Site Control documentation must include an eligible contract with a Local o
Government, Public Housing Authority, Land Authority, or Community Land
Trust as the buyer. An eligible contract must meet all of the following
conditions:
(a) It must have a term that does not expire before December 13, 2019 or
that contains extension options exercisable by the purchaser and
conditioned solely upon payment of additional monies which, if
exercised,would extend the term to a date that is not earlier than
2
December 13, 2019; 0.
(b) It must specifically state that the buyer's remedy for default on the part
of the seller includes or is specific performance; T
(c) The purchase price must be included;
(d) The buyer must be the Local Government, Public Housing Authority,
Land Authority, or Community Land Trust (designated "Land Owner");
and
(e) The owner of the subject property must be the seller, or is a party to
one or more intermediate contracts, agreements, assignments, options, '
or conveyances between or among the owner,the Applicant, or other
parties,that have the effect of assigning the owner's right to sell the T
property to the seller. Any intermediate contract must meet the criteria
for an eligible contract in (a) through (d) above.
(2) The Site Control documentation must include an appraisal demonstrating that
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the appraised value of the land meets or exceeds the purchase price. The
purchase price must be based on the post-disaster value of the land, consistent
with applicable cost principals.The pre-disaster value may not be used.The
Corporation may seek a re-appraisal by an independent third party if needed. If
the appraisal demonstrates that the purchase price exceeds the fair market 0
value, the only land costs that can be included in the Total Development Cost or
awarded through Land Acquisition Funding will be the appraised value,which
will be confirmed in credit underwriting;
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(3) For Applicants that are not also the Land Owner, include a lease between the
Land Owner and the Applicant entity. The lease payments must equal $10 a m
year or less. The lease must have an unexpired term of at least 50 years after
the Application Deadline. 0
0
Land Acquisition Program Funding for reimbursement
(1) The Site Control documentation must include a deed or certificate of title AND a
copy of the underlying purchase contract.The deed or certificate of title (in the
event the property was acquired through foreclosure) must meet the following:
(a) The Deed must be recorded in Monroe County and show the Local 0
Government, Public Housing Authority, Land Authority, or Community
Land Trust as the sole Grantee;
and
(b) A copy of the underlying purchase contract, executed no earlier than
September 10, 2017.
2
(2) The Site Control documentation must include an appraisal demonstrating that
the appraised value of the land meets or exceeds the purchase price. If the 0
appraisal demonstrates that the purchase price exceeds the fair market value,
the only land costs that can be included in the Total Development Cost or
awarded through Land Acquisition Program Funding will be the appraised value,
which will be confirmed in credit underwriting;
(3) For Applicants that are not also the Land Owner, include a lease between the �—
Land Owner and the Applicant entity. The lease payments must equal $10 a
year or less. The lease must have an unexpired term of at least 50 years after ,
the Application Deadline.
Priority I and II Applications that are not seeking Land Acquisition Program Funding
The Local Government, Public Housing Authority, Land Authority, or Community Land
Trust must already own the land and, if funded, the land must be affordable into
Perpetuity. Applicants must demonstrate site control as of Application Deadline by
providing the properly executed Site Control Certification form (Form Rev. 08-18).
Attached to the form must be the following documents:
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(2) A Deed or Certificate of Title. The deed or certificate of title (in the event the
property was acquired through foreclosure) must be recorded in Monroe
County and show the Local Government, Public Housing Authority, Land
Authority, or Community Land Trust as the sole Grantee. There are no 0
restrictions on when the land was acquired.
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(3) For Applicants that are not also the Land Owner, include a lease between the
Land Owner and the Applicant entity. The lease payments must equal $10 a
year or less. The lease must have an unexpired term of at least 50 years after m
the Application Deadline.
0
Priority III Applications
0
(1) If the Applicant is purchasing the land, the Site Control documentation must
include an eligible contract must meet all of the following conditions:
(a) It must have a term that does not expire before February 29, 2020 or
0
that contains extension options exercisable by the purchaser and
conditioned solely upon payment of additional monies which, if
exercised,would extend the term to a date that is not earlier than
February 29, 2020;
(b) It must specifically state that the buyer's remedy for default on the part m
of the seller includes or is specific performance;
(c) The Applicant must be the buyer unless there is an assignment of the
eligible contract, signed by the assignor and the assignee,which assigns
all of the buyer's rights, title and interests in the eligible contract to the
Applicant; and
(d) The owner of the subject property must be the seller, or is a party to
one or more intermediate contracts, agreements, assignments, options,
or conveyances between or among the owner,the Applicant, or other
parties,that have the effect of assigning the owner's right to sell the
property to the seller. Any intermediate contract must meet the criteria _
for an eligible contract in (a) through (c) above.
0
(2) If the Applicant already owns the land, the Site Control documentation must
include a deed or certificate of title. The deed or certificate of title (in the event
the property was acquired through foreclosure) must be recorded in Monroe
County and show the Applicant as the sole Grantee. There are no restrictions
on when the land was acquired.
0
(3) If the Applicant is leasing the land, the Site Control documentation must include
a Lease. The lease must have an unexpired term of at least 50 years after the
Application Deadline and the lessee must be the Applicant. The owner of the
subject property must be a party to the lease, or a party to one or more cv
intermediate leases, subleases, agreements, or assignments, between or among
the owner,the Applicant, or other parties, that have the effect of assigning the
owner's right to lease the property for at least 50 years to the lessee.
0
b. Ability to Proceed 0
Demonstrate the following Ability to Proceed elements as of Application Deadline, for
m
the entire proposed Development site, including all Scattered Sites, if applicable, as
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outlined below. The Florida Housing Ability to Proceed Verification forms are provided
on the RFA Website. Note:The Applicant may include the Florida Housing Ability to
Proceed Verification forms that were included in a previous RFA submission for the m
same proposed Development, provided (i)the form(s) used for this RFA are labeled o
Form Rev. 08-18, (ii)the forms are dated within 12 months of the Application Deadline, o
(iii) none of the information entered on the form and certified to by the signatory has
changed in anyway, and (iv)the requirements outlined in this RFA are met. If the
Applicant provides any prior version of the Florida Housing Ability to Proceed
Verification form(s), the form(s)will not be considered.
(1) Appropriate Zoning. Demonstrate that as of the Application Deadline the entire
2
proposed Development site is appropriately zoned and consistent with local
land use regulations regarding density and intended use or that the proposed o
Development site is legally non-conforming by providing, as Attachment 7 to
Exhibit A, the applicable properly completed and executed verification form:
(a) The Florida Housing Finance Corporation Local Government Verification
that Development is Consistent with Zoning and Land Use Regulations
form (Form Rev. 08-18); or
(b) The Florida Housing Finance Corporation Local Government Verification
that Permits are Not Required for this Development form (Form Rev. 08-
18).
Note: With regard to the terms "Rate of Growth Ordinance (ROGO)"
and "Building Permit Allocation System (BPAS)," as used by different
jurisdictions within the Florida Keys Area of Critical State Concern, for
purposes of the verification forms outlined in (a) and (b) above, all
references on these forms to "Rate of Growth Ordinance (ROGO)" shall
be considered by the Corporation to have the same meaning as
"Building Permit Allocation System (BPAS)."
(2) Availability of Electricity. Demonstrate that as of the Application Deadline '
electricity is available to the entire proposed Development site by providing as
Attachment 8 to Exhibit A:
m
(a) The properly completed and executed Florida Housing Finance
Corporation Verification of Availability of Infrastructure—Electricity
form (Form Rev. 08-18); or
(b) A letter from the electricity service provider that contains the name of
the Development location and is dated within 12 months of the
Application Deadline. The letter may not be signed by the Applicant, by
m
any related parties of the Applicant, by any Principals or Financial
Beneficiaries of the Applicant, or by any local elected officials. o
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(3) Availability of Water. Demonstrate that as of the Application Deadline water is
available to the entire proposed Development site by providing as Attachment 9
to Exhibit A:
0
(a) The properly completed and executed Florida Housing Finance
Corporation Verification of Availability of Infrastructure—Water form
(Form Rev. 08-18); or
(b) A letter from the water service provider that contains the Development
location and the number of units and is dated within 12 months of the
Application Deadline. The letter may not be signed by the Applicant, by
any related parties of the Applicant, by any Principals or Financial 0
Beneficiaries of the Applicant, or by any local elected officials.
(4) Availability of Sewer. Demonstrate that as of the Application Deadline sewer
capacity, package treatment or septic tank service is available to the entire
proposed Development site by providing as Attachment 10 to Exhibit A:
(a) The properly completed and executed Florida Housing Finance
Corporation Verification of Availability of Infrastructure—Sewer
Capacity, Package Treatment, or Septic Tank form (Form Rev. 08-18); or >
0
(b) A letter from the waste treatment service provider that contains the 0
Development location and the number of units and is dated within 12
months of the Application Deadline. The letter may not be signed by
the Applicant, by any related parties of the Applicant, by any Principals
or Financial Beneficiaries of the Applicant, or by any local elected
officials.
(5) Availability of Roads. Demonstrate that as of the Application Deadline paved
0
roads either (i) exist and will provide access to the proposed Development site
or (ii)will be constructed as part of the entire proposed Development by
providing as Attachment 11 to Exhibit A:
r.
(a) The properly completed and executed Florida Housing Finance
Corporation Verification of Availability of Infrastructure—Roads form
(Form Rev. 08-18); or
(b) A letter from the Local Government that contains the Development
location and is dated within 12 months of the Application Deadline. The
letter may not be signed by the Applicant, by any related parties of the cv
Applicant, by any Principals or Financial Beneficiaries of the Applicant,
or by any local elected officials.
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8. Construction Features
0
0
All units are expected to meet all requirements as outlined below. The quality of the
construction features committed to by the Applicant is subject to approval of the Board of m
Directors. Additionally, all Developments must meet the Housing Quality Standards provided by 0
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HUD on the webpage
https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/hqs (also
available by clicking here).
2
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All features and amenities committed to and proposed by the Applicant that are not unit- o
specific shall be located on each of the Scattered Sites, or no more than 1/16 mile from the
Scattered Site with the most units, or a combination of both.
a. Federal Requirements and State Building Code Requirements for all Developments
All proposed Developments must meet all federal requirements and state building code
0
requirements, including the following, incorporating the most recent amendments,
regulations and rules:
• Florida Accessibility Code for Building Construction as adopted pursuant to Section m
553.503, Florida Statutes;
• The Architectural Barriers Act of 1968;
• The Fair Housing Act as implemented by 24 CFR 100;
• Section 504 of the Rehabilitation Act of 1973*; and
• Titles II and III of the Americans with Disabilities Act of 1990 as implemented by 28
CFR 35. >
2
*All Developments must comply with Section 504 of the Rehabilitation Act of 1973,as implemented by 24
CFR Part 8("Section 504 and its related regulations").All Developments must meet accessibility standards '✓
of Section 504. Section 504 accessibility standards require a minimum of 5 percent of the total dwelling
units,but not fewer than one unit,to be accessible for individuals with mobility impairments. An additional
2 percent of the total units,but not fewer than one unit,must be accessible for persons with hearing or
vision impairments.
To the extent that a Development is not otherwise subject to Section 504 and its related regulations,the
Development shall nevertheless comply with Section 504 and its related regulations as requirements of the _
Corporation funding program to the same extent as if the Development were subject to Section 504 and its
0
related regulations in all respects.To that end,all Corporation funding shall be deemed"Federal financial
assistance"within the meaning of that term as used in Section 504 and its related regulations for all �+
Developments. y
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Federal and state law and building code regulations requires that programs,activities,and facilities be r�
readily accessible to and usable by persons with disabilities.Florida Housing requires that the design,
construction,or alteration of its financed Developments be in compliance with federal and state
accessibility requirements.When more than one law and accessibility standard applies,the Applicant shall
comply with the standard (2010 ADA Standards,Section 504,Fair Housing Act,or Florida Building Code,
Accessibility)which affords the greater level of accessibility for the residents and visitors. Areas required to
be made accessible to mobility-impaired residents and their visitors,including those in wheelchairs,shall r
include,but not be limited to,accessible routes and entrances,paths of travel, primary function areas,
parking,trash bins,mail and package receiving areas for residents,pool and other amenities,including r
paths of travel to amenities and laundry rooms,including washers and dryers.
The above documents are available on the RFA Website.
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b. General Features
0
The following General Features must be provided for all proposed Developments:
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• Broadband infrastructure which includes cables, fiber optics, wiring, or other
infrastructure, as long as the installation results in accessibility in each unit;
• Termite prevention;
• Pest control;
• Window covering for each window and glass door inside each unit; 0
• Cable or satellite TV hook-up in each unit and, if the Development offers cable or
satellite TV service to the residents,the price cannot exceed the market rate for
service of similar quality available to the Development's residents from a primary
provider of cable or satellite TV;
• Single Family Homes must have washer and dryer hook ups in each of the
Development's units. All other Development Types must have washer and dryer
hook ups in each of the Development's units or an on-site laundry facility for
resident use. If the proposed Development will have an on-site laundry facility,the 0
following requirements must be met:
o There must be a minimum of one Energy Star certified washer and one Energy
Star certified dryer per every 15 units. To determine the required number of
washers and dryers for the on-site laundry facility; divide the total number of
the Development's units by 15, and then round the equation's total up to the
nearest whole number; and
o If the proposed Development consists of Scattered Sites, the laundry facility
shall be located on each of the Scattered Sites, or no more than 1/16 mile from
the Scattered Site with the most units, or a combination of both. W
• At least two full bathrooms in all 3 bedroom or larger units;
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• Bathtub with shower in at least one bathroom in at least 90 percent of the units;
and
• A full-size range and oven in all units.
C. Required Accessibility Features, regardless of the age of Development
0
(1) Required Accessibility Features in all Units
• Primary entrance doors on an accessible route shall have a threshold with
no more than a %-inch rise;
• All door handles on primary entrance door and interior doors must have
lever handles;
• Lever handles on all bathroom faucets and kitchen sink faucets;
• Mid-point on light switches and thermostats shall not be more than 48
inches above finished floor level; and
• Cabinet drawer handles and cabinet door handles in bathroom and kitchen
shall be lever or D-pull type that operate easily using a single closed fist. `
0
m
(2) All Developments must provide reinforced walls for future installation of
horizontal grab bars in place around each toilet/shower, or a Corporation- 0
approved alternative approach for grab bar installation.The installation of the
grab bars must meet or exceed the 2010 ADA Standards for Accessible Design,
Section 604.5.1 (Side Wall)and 604.5.2 (Rear Wall).
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At the request of and at no charge to a resident household, the Development
shall purchase and install grab bars around each tub/shower unit and toilet in
the dwelling unit. The product specifications and installation must meet or
exceed 2010 ADA Standards for Accessible Design. The Development shall o
inform a prospective resident that the Development, upon a resident o
household's request and at no charge to the household, will install grab bars
around a dwelling unit's tub/shower unit, pursuant to the 2010 ADA Standards.
At a minimum, the Development shall inform each prospective lessee by
including language in the Development's written materials listing and describing
the unit's features, as well as including the language in each household's lease.
2
d. Required Green Building Features in all Developments
0
(1) All units must have the features listed below:
• Low or No-VOC paint for all interior walls (Low-VOC means 50 grams per
liter or less for flat; 150 grams per liter or less for non-flat paint);
• Low-flow water fixtures in bath rooms—WaterSense labeled products or the
following specifications:
o Toilets: 1.28 gallons/flush or less,
o Urinals: 0.5 gallons/flush,
o Lavatory Faucets: 1.5 gallons/minute or less at 60 psi flow rate,
o Showerheads: 2.0 gallons/minute or less at 80 psi flow rate; ._
• Energy Star certified refrigerator;
• Energy Star certified dishwasher;
• Energy Star certified ventilation fan in all bathrooms;
• Water heater minimum efficiency specifications:
o Residential Electric:
■ Up to 55 gallons= .95 EF or.92 UEF; or
■ More than 55 gallons= Energy Star certified; or o
■ Tankless= Energy Star certified;
o Residential Gas (storage or tankless/instantaneous): Energy Star
certified,
o Commercial Gas Water Heater: Energy Star certified;
• Energy Star certified ceiling fans with lighting fixtures in bedrooms;
• Air Conditioning (choose in-unit or commercial):
m
o Air-Source Heat Pumps— Energy Star certified:
■ >_ 8.5 HSPF/>_15 SEER/>_12.5 EER for split systems
■ >_ 8.2 HSPF>_15 SEER/>_12 EER for single package equipment
including gas/electric package units
o Central Air Conditioners—Energy Star certified:
■ >_15 SEER/>_12.5 EER*for split systems
■ >_15 SEER/>_12 EER*for single package equipment including
gas/electric package units.
0
NOTE:Window air conditioners and portable air conditioners are not
allowed. Package Terminal Air Conditioners (PTACs)/ Package Terminal Heat
Pumps(PTHPs) are allowed in studio and 1 bedroom units.
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(2) In addition to the required Green Building features outlined in (1) above,
proposed Developments must achieve one of the following Green Building m
Certification programs: Leadership in Energy and Environmental Design (LEED); o
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Florida Green Building Coalition (FGBC); Enterprise Green Communities; or ICC o
700 National Green Building Standard (NGBS).
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9. Resident Programs
The quality of the Resident Programs committed to by the Applicant is subject to approval of the
Board of Directors. The availability of the Resident Programs must be publicized on an ongoing
basis such as through community newsletters, bulletin board posts, or flyers. 0
0
For all proposed Developments that consist of less than eight units, there is no requirement to
select any Resident Program. For proposed Developments that consist of eight to 25 units, it is a
requirement that at least one Resident Program be selected; a Resident Program may be
conducted off-site if accommodations are made so that residents can attend without incurring
transportation expense. For all proposed Developments that consist of more than 25 units, it is
a requirement that at least two of the Resident Programs be selected and offered on-site. The
eligible resident programs which may be selected are as follows:
0
a. After School Program for Children
This program requires the Applicant or its Management Company to provide supervised,
structured, age-appropriate activities for children during after school hours, Monday
through Friday.
b. Adult Literacy
The Applicant or its Management Company must make available, at no cost to the
resident, literacy tutor(s)who will provide weekly literacy lessons to residents in private
space. Various literacy programming can be offered that strengthens participants'
reading, writing skills, and comprehension, but at a minimum, these must include
English proficiency and basic reading education.
Training must be held between the hours of 8:00 a.m. and 7:00 p.m. and electronic
media, if used, must be used in conjunction with live instruction. If the Resident
Program is offered on site, and if the Development consists of Scattered Sites,this
resident program must be provided on the Scattered Site with the most units.
C. Employment Assistance Program cv
The Applicant or its Management Company must provide, at no cost to the resident, a
minimum of quarterly scheduled Employment Assistance Program workshops/meetings
offering employment counseling by a knowledgeable employment counselor. Such a
program includes employability skills workshops providing instruction in the basic skills
necessary for getting, keeping, and doing well in a job. The instruction must be held
between the hours of 8:00 a.m. and 7:00 p.m. and include, but not be limited to, the
following:
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• Evaluation of current job skills;
• Assistance in setting job goals; o
U
• Assistance in development of and regular review/update of an individualized plan
for each participating resident;
• 0
Resume assistance;
• Interview preparation; and
• Placement and follow-up services. y
Electronic media, if used, must be used in conjunction with live instruction.
d. Family Support Coordinator
A Family Support Coordinator must be provided at no cost to the resident. The Family o
Support Coordinator shall assist residents in assessing needs and obtaining services,
with the goal of promoting successful tenancies and helping residents achieve and
maintain maximum independence and self-sufficiency. Responsibilities shall include
linking residents with public and private resources in the community to provide needed
assistance, develop and oversee on-site programs and activities based on the needs and
interests of residents, and support residents in organizing group activities to build
community and to address and solve problems such as crime and drug activity. The
duties of the Family Support Coordinator shall not be performed by property
management staff. The Coordinator shall be on-site and available to residents at least
20 hours per week, within the hours of 9 a.m. and 8 p.m. The Coordinator may be an �--
employee of the Development or,through an agreement, an employee of a third-party
agency or organization that provides these services. T
e. Financial Management Program
The Applicant or its Management Company shall provide a series of classes to provide
residents training in various aspects of personal financial management. Classes must be
held at least quarterly, consisting of at least two hours of training per quarter, and must
be conducted by parties that are qualified to provide training regarding the respective
topic area. If the Resident Program is offered on site, and if the Development consists
of Scattered Sites,the Resident Program must be held on the Scattered Site with the '
most units. Residents residing at the other sites of a Scattered Site Development must
be offered transportation, at no cost to them, to the classes. The topic areas must T
include, but not be limited to:
• Financial budgeting and bill-paying including training in the use of technologies and
web-based applications;
cv
• Tax preparation including do's and don'ts, common tips, and how and where to file,
including electronically;
• Fraud prevention including how to prevent credit card and banking fraud, identity
theft, computer hacking and avoiding common consumer scams;
• Retirement planning &savings options including preparing a will and estate 0
planning; and
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• Homebuyer education including how to prepare to buy a home, and how to access
to first-time homebuyer programs in the county in which the development is
located.
0
Different topic areas must be selected for each session, and no topic area may be o
repeated consecutively.
0
10. Funding
a. Corporation Funding
(1) CDBG-DR Funding 0 2
0
(a) CDBG-DR Funding Request Amounts
State the amount of CDBG-DR Funding it is requesting in Exhibit A, as
well as on the Development Cost Pro Forma.
(i) Priority I or II Applications that include any costs for land
acquisition must request up to$5 million out of$10 million
dollars available in Monroe County for Land Acquisition
Program Funding, subject to appraisal in credit underwriting, in
addition to the Development Funding request amount. The
Land Acquisition Program Funding Request Amount must meet �--
the following criteria: (i)the land acquisition expenses must be
stated on the Development Cost Pro Forma; (ii)the Land
Acquisition Program Funding Request Amount must be
$5,000,000 or less; (iii) if the land acquisition expenses stated
on the Development Cost Pro Forma exceed $5,000,000, then
non-CDBG-DR sources must be demonstrated on the
Development Cost Pro Forma to pay for the land acquisition o
expenses that exceed $5,000,000; (iv) the site control
documentation must include an appraisal as further outlined in ,
Section Four, A.7.a. of this RFA. If the Land Acquisition Program
Funding is depleted and eligible Priority I or Priority 11
Applications remain, Applications may be fully funded from
Development Program Funding, if(i)the total request in funding T
is$8 million or less, and (ii) enough funding remains in the
Development Program Funding to fully fund the Application.
cv
(ii) All Applications must request Development Funding. Priority III `
Applications may use Development Funding for all aspects of
creating affordable housing, including land acquisition. The
Development Funding amount requested at question 10.a.(1)(a) 0
of Exhibit A is the amount that will be used for the Leveraging
Calculation described in Section Five, B.1.d. of the RFA and the
Job Creation Funding Preference calculation described in Item 2
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of Exhibit C. The maximum amount of Development Funding is
the lesser of the following:
• $8 million; or o
C
0
• The Total Maximum Per Unit CDBG-DR Rental FHFC Subsidy
Limit for Monroe County as stated below:
o $217,058 per Zero Bedroom Unit
o $248,828 per 1 Bedroom Unit
o $302,572 per 2 Bedroom Unit
o $391,432 per 3 Bedroom Unit
o $418,592 per 4 Bedroom Unit o
0
(b) Loan Terms
The loan shall be non-amortizing and shall have an interest rate of zero
percent per annum. The loan will not require payment for as long as _
the proposed Development remains in Compliance. The loan will be h®
forgiven after 20 years. The terms and conditions of the loan are >
further outlined in Exhibit E of this RFA.
(c) Additional adjustments, if applicable
m
During the scoring process, if the Applicant states a request amount
that is greater than the amount the Applicant is eligible to request, the
Corporation will reduce the amount down to the maximum amount the —
Applicant is eligible to request. The Applicant's request amount will be
reviewed for compliance with the per unit limit and per Development
limit, as well as its contribution to the percentage of Total Development o
Cost limitation below.
If a reduction in the request amount is needed and a funding shortfall is
created in either the Construction and/or the Permanent Analysis of the
Applicant's Development Cost Pro Forma,the amount of the
adjustment(s), to the extent needed and possible, will be offset by
increasing the deferred Developer fee up to the maximum eligible
amount as provided below.
(3) Other Corporation Funding
(a) If the Development has received funding from the Predevelopment
Loan Program (PLP), the Corporation file number and amount of funding
must be listed. Note: PLP funding cannot be used as a source of
financing on the Construction Analysis or the Permanent Analysis.
(b) List any other Corporation funding that is intended to be utilized as a
source of financing for the proposed Development.
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b. Non-Corporation Funding Proposals
0
Unless stated otherwise within this RFA, in order for funding, other than Corporation
funding and deferred Developer fee, to be counted as a source on the Development
Cost Pro Forma, provide documentation of all financing proposals from both the o
construction and the permanent lender(s), and other sources of funding. The financing
proposals must state whether they are for construction financing, permanent financing,
or both, and all attachments and/or exhibits referenced in the proposal must be
included. Insert documentation for each source as Attachment 12 to Exhibit A.
For purposes of the Application, the following will not be considered a source of
financing: net operating income, capital contributions,fee waivers or any portion of any
fees that are reimbursed by the local government. Also,fee waivers and any portion of o
any fees that are reimbursed by the local government cannot be considered as
Development costs.
Financing proposal documentation, regardless of whether the documentation is in the
form of a commitment, proposal, term sheet, or letter of intent, must meet the
following criteria. Evidence for each funding source must be behind its own numbered
attachment.
0
(1) Each financing proposal shall contain:
• Amount of the construction loan, if applicable;
• Amount of the permanent loan, if applicable; m
• Specific reference to the Applicant as the borrower or direct recipient; and
• Signature of the lender.
Note: For ALL Applicants, eligible Local Government (including Land Authority) �—
financial commitments can be considered without meeting the requirements
above if the Applicant provides the properly completed and executed Local
Government Verification of Contribution—Grant Form and/or the Local
Government Verification of Contribution—Loan Form. '
r.
(2) Financing that has closed
m
If the financing has closed in the Applicant's name, provide a letter from the
lender acknowledging that the loan has closed. The letter must also include the
following information:
• Amount of the construction loan, if applicable;
• Amount of the permanent loan, if applicable; and
• Specific reference to the Applicant as the borrower/direct recipient/
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mortgagee.
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(3) If the financing proposal is not from a Regulated Mortgage Lender in the
business of making loans or a governmental entity, evidence of ability to fund
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must be provided. Evidence of ability to fund includes: (i) a copy of the lender's
most current audited financial statements no more than 17 months old; or(ii) if
the loan has already been funded, a copy of the note and recorded mortgage.
The age of all financial statements is as of the Application Deadline. In
evaluating ability to fund, the Corporation will consider the entity's unrestricted 0
current assets typically used in the normal course of business. Assets
considered restricted include, but are not limited to, pension funds, rental
security deposits, and sinking funds. Financing proposals from lenders who
cannot demonstrate ability to fund will not count as a source of financing.
Financial statements must be included in the Application. Note: This provision
does not apply to deferred Developer fee.
In the case where the seller of the Development's property is providing a seller's
note (purchase money mortgage) to help finance the Applicant's acquisition of
the property, evidence of its ability to fund the amount of the seller's note is not
needed so long as the Application includes a letter from the seller that meets
the financing proposal criteria outlined in (4)(a) above and the amount of the
seller's note is equal to or less than the purchase price of the property.
(4) If a financing proposal shows an amount less than the corresponding line item
on the Development Cost Pro Forma, only the financing proposal amount will be
considered as a funding source. However, if a financing proposal shows an
amount greater than the corresponding line item on the Development Cost Pro
Forma, up to the total amount of the financing proposal amount may be utilized
as a funding source, if needed. T
(5) The loan amount may be conditioned upon an appraisal or debt service
coverage ratio or any other typical due diligence required during credit
underwriting.
0
(6) Financing proposals may be conditioned upon the Applicant receiving the
funding from the Corporation for which it is applying.
(7) If a financing proposal has a provision for holding back funds until certain
conditions are met,the amount of the hold-back will not be counted as a source
of construction financing unless it can be determined that the conditions for the
release of the hold-back can be met prior to or simultaneous with the closing of a
the Development's permanent financing.
(8) Grant funds are contributions to the Development, other than equity,which
carry no repayment provision or interest rate. A commitment for grant funds
will be considered a commitment for scoring purposes if the commitment is `
properly executed and, if applicable, evidence of ability to fund is provided.
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C. Development Cost Pro Forma 0
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All Applicants must complete the Development Cost Pro Forma listing the
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anticipated expenses or uses, the Detail/Explanation Sheet, if applicable, and the
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Construction Analysis and Permanent Analysis listing the anticipated sources (both
Corporation and non-Corporation funding). The sources must equal or exceed the
uses. During the scoring process, if a funding source is not considered and/or if the
Applicant's funding Request Amount is adjusted downward, this may result in a
funding shortfall. If the Applicant has a funding shortfall, it will be ineligible for 0
funding.
The Development Cost Pro Forma must include all anticipated costs of the Development
construction and, if applicable, acquisition, including the Developer fee and General
Contractor fee, as outlined below. Waived or reimbursed fees or charges are not
considered costs to the Development and therefore, should not be included on the
2
Development Cost Pro Forma. Note: deferred Developer fees are not considered
"waived fees."
Developer fee and General Contractor fee must be disclosed. In the event the
Developer fee and/or General Contractor fee are/is not disclosed on the Development
Cost Pro Forma, the Corporation will assume that these fees will be the maximum
allowable and will add the maximum amount(s) to Total Development Cost. If an
Applicant lists a Developer fee, General Contractor fee, or contingency reserve that
exceeds the stated Application limits,the Corporation will adjust the fee to the
maximum allowable. As stated below,Applicants may not enter any amounts pertaining
to operating deficit reserves. The Corporation will not consider any operating deficit
reserves listed on the Development Cost Pro Forma.
Unless stated otherwise in this RFA, except for deferred Developer fee,the T
Application requires complete information on all sources of Development funding
and the proposed uses of those funds. All loans, grants, donations, syndication
proceeds, etc., should be detailed in the Application as outlined above. The total of
monetary funds determined to be in funding proposals must equal or exceed uses.
0
(1) Developer Fee
Developer Fee, is limited to 16 percent of the Development Cost stated on '
the Development Cost Pro Forma in Column 3 of Item C, rounded down to
the nearest dollar. If the maximums are exceeded, the Corporation will
adjust the amount down to the maximum allowed.
0
• If the amount of Developer fee on Non-Acquisition Costs is more than
the amount allowed the Corporation will reduce the amount of
Developer fee on Non-Acquisition Costs to the maximum allowed `V
amount, up to the maximum allowed amount. `
0
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The Corporation will allow up to 100 percent of the eligible Developer fee 0.
to be deferred and used as a source on the Development Cost Pro Forma 0
without the requirement to show evidence of ability to fund.
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Consulting fees, if any, and any financial or other guarantees required for
the financing must be paid out of the Developer fee. Consulting fees
include, but are not limited to, payments for Application consultants, m
construction management or supervision consultants, or local government
consultants. 0
0
(2) General Contractor Fee
General Contractor fee shall be limited to 14 percent of actual construction cost.
The maximum allowable General Contractor fee will be tested during the
scoring of the Application by multiplying the actual construction cost by 14 0
percent, rounded down to the nearest dollar.
(3) Contingency Reserves
m
For Application purposes, the maximum hard and soft cost contingencies
allowed cannot exceed 5 percent of hard and soft costs. The determination of
the contingency reserve is limited to the maximum stated percentage of total
actual construction costs (hard costs) and general development costs (soft
costs), as applicable.
(4) Operating Deficit Reserves '✓
m
An operating deficit reserve is not to be included as part of Development
Costs and cannot be used in determining the maximum Developer fee.
Applicants may not enter any amounts pertaining to any type of reserve
other than the contingency reserve mentioned above on the Development 0
Cost Pro Forma as part of the Application process. A reserve, including an
operating deficit reserve, if necessary as determined by an equity provider,
first mortgage lender, and/or the Credit Underwriter engaged by the
Corporation in its reasonable discretion,will be required and sized in credit
underwriting. The inclusion of any reserve is not permitted in the
Application (other than the permitted contingency reserve) which may
include, but is not limited to, operating deficit reserve, debt service
shortfalls, lease-up, rent-re-stabilization, working capital, lender or
syndicator required reserve(s), and any pre-funded capital (replacement)
reserves. If any reserve other than the permitted contingency reserve can
be identified and is included in the Development Cost Pro Forma,the
Corporation will remove it during Application scoring.
In exchange for receiving funding from the Corporation, the Corporation
reserves the authority to restrict the disposition of any funds remaining in
any operating deficit reserve(s) after the term of the reserve's original 0
purpose has terminated or is near termination. Authorized disposition uses 0
are limited to payments towards any outstanding loan balances of the
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Development funded from the Corporation, any outstanding Corporation
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fees, any unpaid costs incurred in the completion of the Development(i.e.,
deferred Developer fee),the Development's capital replacement reserve
account (provided, however, that any operating deficit reserve funds
deposited to the replacement reserve account will not replace, negate, or
otherwise be considered an advance payment or pre-funding of the o
Applicant's obligation to periodically fund the replacement reserve
account), the reimbursement of any loan(s) provided by a partner, member
or guarantor as set forth in the Applicant's organizational agreement(i.e.,
operating or limited partnership agreement).The actual direction of the
disposition is at the Applicant's discretion so long as it is an option
permitted by the Corporation. In no event, shall the payment of amounts to
the Applicant or the Developer from any operating deficit reserve
established for the Development cause the Developer fee or General o
Contractor fee to exceed the applicable percentage limitations provided for
in this RFA.
(5) With respect to the loan amount(s),all fees set forth in Exhibit C to the RFA except
for Loan Servicing Fees, are part of Development Cost and can be included in the
Development Cost Pro Forma and paid with loan proceeds.
d. Principal of the Applicant is a Public Housing Authority and/or an instrumentality of a
Public Housing Authority
The Applicant should state whether any Principals of the Applicant entity are a Public
Housing Authority and/or an instrumentality of a Public Housing Authority. To qualify as T
an instrumentality, the Public Housing Authority and/or instrumentality of a Public
Housing Authority must be reflected on the CDBG-DR Principals of the Applicant and
Developer(s) Disclosure Form (Form Rev. 06-19).The Public Housing Authority and/or
instrumentality of a Public Housing Authority must not be disclosed as only the Investor
Limited Partner of the Applicant or Investor Member of the Applicant.
If the Principal of the Applicant is an instrumentality of a Public Housing Authority,
state the name of the Public Housing Authority.
r.
11. Uniform Relocation Act:
m
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(URA) is government-wide legislation which establishes minimum standards for
federally-funded programs or projects requiring the acquisition of real property or
displacement of persons from the homes, businesses, or farms as a direct result of:
Acquisition, Rehabilitation or Demolition. CDBG-DR is the same at CDBG except as
expressly waived and alternative requirements as issued for CDBG-DR funds that are `
specific to each disaster. Applicants should be prepared to familiarize themselves with
m
URA&Section 104(d) statues and regulations at 49 CFR 24 (URA), 24 CFR 42 (104(d), 24
CFR 570 (CDBG) and Section 414 of the Stafford Act. The URA is triggered at site o
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identification or intended use of federal funds. A General Information Notice (GIN)
should be issued to all occupants at such time there exists, 1) documented legal intent
of a project triggered by project pre-application/application, AND 2) site identification.
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For land proposed for acquisition that may have occupied residential dwellings,
compliance begins at the General Information Notice information, and the following
required Uniform Relocation Act information must be provided in the Application. m
0
a. Occupied Units: o
At question 11.a. of Exhibit A, select"Yes" if any units are occupied.
b. Tenant Relocation Information for Existing Properties:
At question 11.b.(1)through (4) of Exhibit A, answer all applicable questions.
0
(1) State how many total units now exist on land in the proposed o
Development.
(2) State how many units are occupied.
(3) State whether or not, based on the income information of each tenant,
permanent relocation (displacement) is anticipated during or after the _
construction period. If"Yes", state how many units are affected.
(4) State whether or not temporary relocation of any tenants will be
0.
required. If"Yes", state how many tenants will require temporary 0.
relocation.
At questions 11.b.(5)through (7) of Exhibit A, provide the following required
information:
(5) Provide in the Application, as Attachment 13, a list of all occupied units
and tenant income certifications. The income of persons and
households who are currently occupying a unit that will receive CDBG- o
DR assistance must be provided to determine whether they are income ,
eligible. The certification maybe self-executed and will be confirmed in ,
credit underwriting. For all occupied units, provide a summary list of all
residents and income certifications for those residents in occupied units
that will be CDBG-DR-Assisted Units. If the existing residents and/or
Development is/are currently participating in a federally subsidized
program (such as Project-based Section 8, Section 8 Existing or Section 8
Voucher Programs), the residents' current income certification forms
required for that program may be used to meet this requirement.
cv
(6) Provide in the Application, as Attachment 14, a brief description of how
the Development will meet the CDBG-DR set-aside requirements. The
description must indicate whether the existing residents are CDBG-DR
eligible residents, or whether the residents will be evicted and replaced
with income eligible residents in order to meet the set-aside
requirements committed to in this Application.
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(7) Provide in the Application, as Attachment 15, a description of how the
cost of relocation will be covered. Detail how the temporary and
permanent relocation will be handled. m
0
The CDBG-DR General Information Notice information will be required only o
after the Application is selected for funding, as outlined in Item 4 of Exhibit C.
The due date for this information will be included in the invitation to enter
credit underwriting.
C. Uniform Relocation Act Acquisition Information:
2
Provide the following information: 0
0
(1) If the Applicant or Land Owner owns the Development site (i.e., holds a
deed or currently has a lease with a minimum 50-year term), provide a m
narrative describing the acquisition as Attachment 16 to Exhibit A. This
narrative must describe how, when, and from whom the property was m
acquired and whether or not the property was vacant when acquired.
(2) If the Applicant or Land Owner is a private company and is acquiring the
property or will have a lease with a minimum 50-year term for the
property, the Applicant (buyer) must provide the seller with a notice
that the buyer does not have the power of eminent domain to obtain
the property and a determination of market value will estimate the
value of the property. This must be done prior to execution of the
contract or proposed lease (with a minimum 50-year term) or may be
attached as an addendum to the contract or proposed lease (with a
minimum 50-year term). A copy of the required notice and
confirmation of the current owner's/seller's receipt of notice must be �—
provided as Attachment 17 to Exhibit A. Note: The only permissible
Land Owner that could be a private company is a Community Land ,
Trust. '
(3) If the Applicant or Land Owner is a public(government)Applicant, r;
respond to all applicable remaining questions in this relocation section.
m
(4) Eminent Domain:
(a) If the buyer has the power of eminent domain, the buyer must
notify the seller in writing that it has such power and the
determination of market value for the property is being waived. cv
Provide a copy of the required notice as Attachment 18 to
Exhibit A.
m
(b) If the Applicant is a public (government)Applicant and does not o
have the power of eminent domain, provide the following: (i)
notice of interest, (ii) determination of fair market value, (iii)
appraisal of the property, and (iv)written offer of just
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compensation which includes a statement of just value,
property description, and identification of buildings. Provide all
required documentation as Attachment 18 to Exhibit A. m
0
B. Addenda o
The Applicant may use the Addenda section of Exhibit A to provide any additional information or
explanatory addendum for items in the Application. Please specify the particular item to which
the additional information or explanatory addendum applies.
2
SECTION FIVE
SCORING AND EVALUATION PROCESS
A. Determining Eligibility
Only Applications that meet all of the following Eligibility Items will be eligible for funding and
considered for funding selection.
Eligibility Items >
0
Submission Requirements met*
Applicant Certification and Acknowledgement form provided
Land Owner Certification and Acknowledgement form provided, if Priority I or II
Application
Name of Applicant provided
Evidence Applicant is a legally formed entity provided
If the Community Land Trust is the Land Owner, the Community Land Trust Articles of
Incorporation or Bylaws provided
Demonstration of Community Land Trust experience provided, if applicable o
Name of Each Developer provided
Evidence that each Developer entity is a legally formed entity provided
Principals for Applicant and Developer(s) Disclosure Form provided
Name of Management Company provided
Prior experience chart for the Management Company or a principal of the Management T
Company provided, if applicable
Authorized Principal Representative provided
Name of Proposed Development provided ,
Development Type provided
Question whether construction has commenced answered
Address of Development Site provided
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Question whether a Scattered Sites Development answered
Latitude and Longitude Coordinates for all sites including any Scattered Sites provided, if o
applicable
Total Number of Units provided and within limits
Number of residential buildings provided
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Unit Mix provided and meets requirements
Evidence of Site Control provided 0
Appropriate Zoning demonstrated
Availability of Electricity demonstrated
Availability of Water demonstrated
Availability of Sewer demonstrated
Availability of Roads demonstrated
Minimum Resident Programs selected, if applicable
Applicant's Development Funding Request Amount provided
Development Cost Pro Forma provided (listing expenses or uses) and Construction
analysis and Permanent analysis (listing sources)—Sources must equal or exceed uses
0
Units occupied question answered
Tenant Relocation information provided, if applicable m
Uniform Relocation Act documentation provided, if applicable
Financial Arrearage Requirements met**
No prior acceptance to an invitation to enter credit underwriting for the same _
Development in a previous RFA. ***
Total Development Cost Per Unit Limitation met****
2
* Submission Requirement
To be eligible for funding, the following submission requirements must be met: (i) the m
Application must be submitted online by the Application Deadline, (ii)the required
hard copy must be submitted by the Application Deadline, (iii)the Applicant's hard
copy submission must be contained in a sealed package, and (iv)the required
Application fee must be submitted as of the Application Deadline. �-
0
** Financial Arrearage Requirement
An Application will be deemed ineligible for funding if, as of close of business the day '
before the Committee meets to make a recommendation to the Board, there remains
any financial obligations for which an Applicant or Developer or Principal, Affiliate or ¢0—
Financial Beneficiary of the Applicant or Developer is in arrears to the Corporation or
any agent or assignee of the Corporation as reflected on the most recently published
Past Due Report posted to the Corporation's Website under the link Property Owners &
Managers/Past Due Reports (also accessible by clicking here), but not more recently
than five business days prior to the date the Committee meets to make a
recommendation to the Board. `V
*** An Application will be deemed ineligible for funding if the Applicant has accepted an
m
invitation to enter credit underwriting for the same Development in a previous RFA
(with the exception of funding awarded under the Predevelopment Loan Program (PLP) 0
and/or the Elderly Housing Community Loan (EHCL) program) and, as of Application
Deadline for this RFA,the funding has not been returned to the Corporation. If the
acceptance to an invitation to enter credit underwriting in a previous RFA occurs after
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the Application Deadline and before the Review Committee Meeting for this RFA, the
proposed Development will be considered ineligible for funding in this RFA. If the
acceptance to an invitation to enter credit underwriting in a previous RFA occurs after m
the Review Committee Meeting for this RFA, the proposed Development will be
considered ineligible for funding in this RFA and any funding awarded in this RFA will be o
rescinded and considered Returned Funding.
**** Total Development Cost Per Unit Limitation
By submitting its Application, the Applicant agrees and acknowledges that the
Application will be subject to the Total Development Cost Per Unit Limitation during the
scoring and credit underwriting.
0
The Corporation shall limit the Total Development Cost (TDC) per unit for all
Developments categorized by the construction type of the units as indicated below and
this limit is referred to as the TDC Per Unit Limitation. It is a limit based on TDC, but
exclusive of land costs and exclusive of any operating deficit reserves that are part of
the permanent phase (i.e., non-construction)financing for the Development which have
not been included within the Developer fee, applying any applicable TDC multiplier
and/or TDC add-on. The proposed Development's TDC will be tested against the TDC
Per Unit Limitation during the scoring of the RFA, utilizing the Development Type,
Development Category and ESS Construction determination made by the Applicant in
the RFA and it will apply to all units in the proposed Development. During the credit
underwriting process, and during the final allocation process, the maximum TDC per
unit will be recalculated for each unit type as described in Item 1 of Exhibit C, with T
consideration given to whether the Development consists one or more Development
Types or a mix of wood and ESS Construction units.
Any Application that has an amount that exceeds these limitations during scoring will
not be eligible for funding. These TDC Per Unit Base Limitation amounts, inclusive of o
any applicable TDC multiplier and/or TDC add-on, are effective during the scoring ,
process. Item 1 of Exhibit C provides the TDC Per Unit Base Limitation amounts that
account for an escalation factor to be incorporated for the credit underwriting process
and final allocation process, as explained in the exhibit. '
Total Development Cost Per Unit Base Limitations
New Construction Units r
r
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Measure Wood* ESS*
Maximum TDC Per Unit Limitation**
for all counties except Broward and $206,000 $248,000
Miami-Dade ¢-
Maximum TDC Per Unit Limitation**
for Broward and Miami-Dade $217,000 $260,000
counties
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Applicable TDC Multipliers(to be applied against the Development's TDC)and TDC Add-Ons(to be added
to the Maximum TDC Per Unit Limitation)
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--------------------------------------------------------------------------------------------- --------------------------------------------------
TDC Multiplier for Florida Keys Area for all areas north of Plantation 65%
Key(i.e.,north of Tavernier Creek)
0
..................................................................................................................................................................................................................................................................................................................................................................................
TDC Multiplier for Florida Keys Area for all areas located on or south o ***
of Plantation Key(i.e.,south of Tavernier Creek) 50/ 0
L_
$5,000 of additional per unit costs
TDC Add-On for the additional costs related to the Federal Program will be added to the above
Maximum TDC Per Unit Limitation
..................................................................................................................................................................................................................................................................................................................................................................................
** Exclusive of land costs and exclusive of any approved operating deficit reserves that are part of the permanent phase(i.e.,non-
construction)financing for the Development which have not been included within the Developer fee.When the term of operating
deficit reserves(ODR)is mentioned in this TDC Per Unit Limitation section,the term shall refer to these particular operating
deficit reserves. Examples of reserves which can be considered part of the operating deficit reserve for this calculation are
provided in the Operating Deficit Reserve portion of the Funding section in the RFA.For purposes of property acquisition
valuation(land with or without building improvements),the Corporation uses the lesser of the appraised value,or the actual cost
of acquisition.The appraised value will be determined during credit underwriting.When land costs are referenced in this TDC Per
Unit Limitation section,the reference shall be limited to the amount of the land cost approved by the Corporation to be provided
in the final cost certification under the land owned cost line item.For Applicants that have a public housing
authority/instrumentality of a public housing authority listed as a Principal on the Applicant's Principal Disclosure Form may also
exclude demolition costs and tenant relocation costs from TDC PU Limitation calculations. The total amount of costs that are to
be excluded from the TDC Per Unit Limitation process are the applicable land costs,operating deficit reserves and certain PHA
costs described herein are referred to in Exhibit C in the congregate as applicable qualifying costs.
***If the proposed Development consists of Scattered Sites,the 50%TDC Multiplier applies only if all of the sites are located south of
Tavernier Creek. F®
2. Awarding Points
Point Items Maximum Points
Submission of Principal Disclosure Form stamped by 5
Corporation as "Pre-Approved"
Total Possible Points 5
B. Selection Process
1. Application Sorting Order o
All eligible Priority I Applications will be ranked by sorting the Applications as follows,followed
by Priority 11 Applications, then by Priority III Applications: r�
a. First, by the points achieved;
m
b. Next, by the Resiliency Preference outlined in Section Four, A.4.d,with Applications that
qualify for the preference listed above Applications that do not qualify for the
preference;
CNI
C. Next, by the Affordable Housing Experience Preference outlined in Section Four, CU
It
A.3.b.(3), with Applications that qualify for the preference listed above Applications that
do not qualify for the preference;
d. Next, by the Federal Funding Experience Preference outlined in Section Four, A.3.b.(4), 0
with Applications that qualify for the preference listed above Applications that do not
qualify for the preference;
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e. Next, by the Application's Leveraging Calculation, (the Eligible CDBG-DR Development
Funding Request Amount divided by the total number of units);
f. By the Application's eligibility for the Florida Job Creation Funding Preference which is
outlined in Item 2 of Exhibit C of the RFA(with Applications that qualify for the o
preference listed above Applications that do not qualify for the preference);
g. Finally, by lottery number,with Applications that have a lower lottery number listed
above Applications with a higher lottery number.
2. Funding Available
0
Estimated total CDBG-DR funding amount of$35,000,000, to be divided as follows:
• $25,000,000 in Development Funding (All Applications)
• $10,000,000 in Land Acquisition Program Funding(Priority I and II Applications only)
3. Land Owner Award Tally(Priority I and 11 Applications only)
As each Priority I or Priority 11 Application is selected for tentative funding, the Local
Government, Public Housing Authority, Land Authority, or Community Land Trust that owns the
land and that was identified at question 3.a. in Exhibit A of the RFA will be considered the Land
Owner for purposes of the Land Owner Award Tally and have one Application credited toward
the Land Owner Award Tally. T
The Corporation will prioritize eligible unfunded Priority I Applications that can be fully funded
and have the lowest Land Owner Award Tally above other eligible unfunded Priority I
Applications with a higher Land Owner Award Tally that also can be fully funded, even if the
Priority I Applications with a higher Land Owner Award Tally are higher ranked. The Corporation o
will then follow the same pattern for Priority 11 Applications. ,
This procedure will be applied when selecting Priority I Applications and Priority 11 Applications
only.
4. Funding Selection Order
m
After Applications are sorted, funding selection will proceed. The highest ranked Priority I
Applications will be selected first, subject to the Land Owner Award Tally. As each Priority I
Application is selected for funding, the CDBG-DR Request Amount will be deducted from both
the Development Funding Amount and, if applicable, Land Acquisition Program Funding.
cv
If there is not enough Land Acquisition Program Funding to fully fund an eligible unfunded
Priority I Application's Land Acquisition Program Funding request amount, the Priority 1
Application may still be fully funded if(i)the total request in funding is $8 million or less, and (ii)
enough funding remains in the Development Program Funding to fully fund the Application, or o
there is enough funding in a combination of the remaining Land Acquisition Program Funding
and the Development Program Funding to fully fund the Application. The remaining balance of
Land Acquisition Program Funding, if any, will be awarded and the remaining balance of the
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request amount will be deducted from the total amount of Development Funding available in
this RFA.
CJ
If funding remains and no eligible unfunded Priority I Applications can be fully funded, the P
process will be repeated with the highest-ranking Priority II Applications until there are no
Priority II Applications that can be fully funded. If Land Acquisition Program Funding remains and
there are no eligible Priority I or II Applications that can be fully funded,the Land Acquisition
Program Funding will be distributed as approved by the Florida Housing Board of Directors and
the Florida Department of Economic Opportunity. The Land Acquisition Program Funding will
not be used to fund Priority III Applications.
If Development Funding remains, and no Priority I or II Applications can be fully funded,then the
highest-ranking Priority III Applications that can be fully funded will be selected for funding.
If funding remains and no eligible unfunded Applications can be fully funded, then no further
Applications will be selected for funding and the remaining funding will be distributed as
approved by the Board.
5. Returned Funding
Funding that becomes available after the Board takes action on the Committee's
recommendations, due to an Applicant withdrawing its Application, an Applicant declining its
0.
invitation to enter credit underwriting, or an Applicant's inability to satisfy a requirement 0.
outlined in this RFA,will be distributed as approved by the Board. �--
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SECTION SIX
AWARD PROCESS
Committee members shall independently evaluate and score their assigned portions of the submitted
Applications, consulting with non-committee Corporation staff and legal counsel as necessary and
appropriate.
The Committee shall conduct at least one public meeting during which the Committee members may
p g g Y '
discuss their evaluations, select Applicants to be considered for award, and make any adjustments
deemed necessary to best serve the interests of the Corporation's mission. The Committee will list the
Applications deemed eligible for funding in order applying the funding selection criteria outlined in
Section Five above, and develop a recommendation or series of recommendations to the Board.
The Board may use the Applications,the Committee's scoring, any other information or
recommendation provided by the Committee or staff, and any other information the Board deems `V
relevant in its selection of Applicants to whom to award funding. Notwithstanding an award by the
Board pursuant to this RFA, funding will be subject to a positive recommendation from the Credit
Underwriter based on criteria outlined in the credit underwriting provisions in Exhibit F of this RFA.
0
The Corporation shall provide notice of its decision, or intended decision, for this RFA on the
Corporation's Website the day of the applicable Board vote. After posting, an unsuccessful Applicant
may file a notice of protest and a formal written protest in accordance with Section 120.57(3), Fla. Stat.,
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et. al. Failure to file a protest within the time prescribed in Section 120.57(3), Fla. Stat., et. al. shall
constitute a waiver of proceedings under Chapter 120, Fla. Stat.
After the Board's decision to select Applicants for funding in this RFA has become final action,the
Corporation shall offer all Applicants within the funding range an invitation to enter credit underwriting. 0
The Corporation shall select the Credit Underwriter for each Development.
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Exhibit A to RFA 2019-101—CDBG-DR Financing in Monroe County
0
1. Certification and Acknowledgement forms
2
a. Applicant Certification and Acknowledgement form
0
Provide the Applicant Certification and Acknowledgement, executed by the Authorized
Principal Representative, as Attachment 1. y
b. Land Owner Certification and Acknowledgement form (Priority I and II Applications only)
To be considered a Priority I or 11 Application, provide the Land Owner Certification and
Acknowledgement form, executed by the Authorized Land Owner Representative as
Attachment 1. o
0
2. Demographic Commitment
The Demographic Commitment must be Workforce, serving the general population. m
3. Applicant, Developer, Management Company,and Contact Person
a. Applicant
0
(1) Name of Applicant
Click here to enter text.
m
(2) Does the Application qualify as a Priority 1, 11 or III?
Choose an item.
If a Priority I or Priority 11, state the name of the Local Government, Public o
Housing Authority, Land Authority, or Community Land Trust that is the Land ,
Owner for use in the Land Owner Award Tally and, if applicable, will be the
recipient of the Land Acquisition Program Funding.
Click here to enter text.
m
If the Community Land Trust is the Land Owner, the Community Land Trust must
demonstrate that it qualifies as a Community Land Trust by providing the
required information as Attachment 2.
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(3) If the Applicant is a Single Purpose Legal Entity, provide the required
documentation to demonstrate that the Applicant is a legally formed entity
qualified to do business in the state of Florida as of the Application Deadline as
Attachment 2.
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(4) Non-Profit Applications
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(a) Does the Applicant or the General Partner or managing member of the
Applicant meet the definition of Non-Profit Entity as set forth Exhibit B
of this RFA?
0
Choose an item. o
If"Yes", provide the required information for the Non-Profit entity as
Attachment 3 and answer question (b) below. y
(b) Does the Applicant or the General Partner or managing member of the
Applicant also meet the definition of 100% Non-Profit Entity as set forth
Exhibit B of this RFA? o
0
Choose an item.
b. General Developer Information
(1) Name of each Developer(including all co-Developers)
Click here to enter text. e®
(2) For each Developer entity listed in question (1) above (that is not a natural
person, Local Government, Public Housing Authority, or Land Authority),
provide, as Attachment 4, the required documentation demonstrating that the
Developer is a legally formed entity qualified to do business in the state of
Florida as of the Application Deadline.
(3) Affordable Housing Experience Funding Preference
Does at least one natural person Principal of the Developer entity, or if more
than one Developer entity, at least one natural person Principal of at least one o
of the Developer entities, meet the requirements to qualify for the Affordable
Housing Experience Funding Preference?
r.
Choose an item.
If"Yes", in order to qualify for the preference, provide, as Attachment 4,the
required prior experience chart demonstrating the experience.
(4) Federal Funding Experience Funding Preference
cv
Does at least one Principal of the Developer entity, or if more than one
Developer entity, at least one Principal of at least one of the Developer entities,
meet the requirements to qualify for the Federal Funding Experience
Preference?
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Choose an item.
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Complete RFA as modified on 7-19-19
If"Yes", in order to qualify for the preference,the prior experience chart
provided as Attachment 4 must demonstrate the experience.
C. Principals Disclosure for the Applicant and for each Developer(5 points)
2
C
(1) Eligibility Requirement 0
0
To meet the submission requirements, upload the CDBG-DR Principals of the
Applicant and Developer(s) Disclosure Form (Form Rev. 06-19) ("Principals
Disclosure Form")with the Application and Development Cost Pro Forma, as
outlined in Section Three of the RFA.
0
(2) Point Item
0
Applicants will receive 5 points if the uploaded Principal Disclosure Form was
stamped "Approved" during the Advance Review Process provided it is still
correct as of Application Deadline.
d. General Management Company
Name of the Management Company:
Click here to enter text.
If the Development consists of more than 25 units, provide, as Attachment 5, the
required prior experience chart for the Management Company or a principal of the
m
Management Company reflecting the required information.
e. Authorized Principal Representative/Contact Person
(1) Authorized Principal Representative contact information (required)
0
Name: flick here to enter text. ,
Organization: Click here to enter text.
Street Address: Click here to enter text.
City: flick here to enter text.
State: flick here to enter text.
Zip: flick here to enter text.
Telephone: Click here to enter text.
E-Mail Address: Click here to enter text.
(2) Operational Contact Person information (optional)
Name: flick here to enter text.
Organization: Click here to enter text.
Street Address: Click here to enter text.
City: flick here is enter text. 0
State: flick here to enter text.
Zip: flick here to enter text. m
Telephone: Click here to enter text. 0
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RFA 2019-101
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Complete RFA as modified on 7-19-19
E-Mail Address: Click here to enter text. �
0
4. General Proposed Development Information
0
a. Name of the proposed Development
Click here to enter text.
b. Development Category must be new construction,with or without acquisition. All units
must consist entirely of new construction units. Rehabilitation of existing units is not
allowed. Demolition of current structures is allowed.
2
C. Select the Development Type o
Choose an item.
d. Resiliency Preference
Does the proposed Development meet the Resiliency Preference?
Choose an item. >
2
e. Has construction commenced?
Choose an item.
Note: If"Yes", all rules and regulations in Item 5 of Exhibit C, which includes cross-
cutting Federal Regulations, will apply.
5. Location of proposed Development
a. This RFA is open only to proposed Developments located in Monroe County.
b. Address of Development Site
Click here to enter text. �
C. Does the proposed Development consist of Scattered Sites?
Choose an item.
d. Latitude and Longitude Coordinates
cv
(1) Latitude and Longitude Coordinates of the first site `
m
Latitude in decimal degrees, rounded to at least the sixth decimal place
Click here to enter text. o
Longitude in decimal degrees, rounded to at least the sixth decimal place
Click here to enter text.
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RFA 2019-101
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Complete RFA as modified on 7-19-19
(2) If the proposed Development consists of Scattered Sites, identify the latitude
and longitude coordinate for any additional sites not identified above, rounded m
to at least the sixth decimal place:
0
Click here to enter text.
0
6. Number of Building and Units
a. Total number of units in the proposed Development: Aiwa here to enter text.
b. Set-Aside Commitments
0
(1) Workforce Units
The Applicant must commit to set aside 100 percent of the total units at or
below 80 percent Area Median Income (AMI). m
(2) Extremely Low-Income (ELI) Set-Aside Units
At least 10 percent of the total units must be set-aside at or below 25 percent
AMI as Extremely Low-Income (ELI) Set-Aside Units.
(3) Link Units for Persons with Special Needs
m
All Developments must commit to set-aside at least 50 percent of the ELI Set-
Aside units (i.e., at least 5 percent of the total units) as Link Units for Persons
with Special Needs.
C. Unit Mix Chart
0
Number of Number of Units per Number of Units that
Bedrooms/Bathrooms Bedroom Type are ELI Set-Aside
per Unit Units '
t . r t . r
C:�c�cc)se>��.� te.�i. F.�t.e. I`��a.�i�.e>. F.�t.e. I`��a.�i�.E>.
(.hoc?.se an item, Enter Nurn.be>r Enter Nurn.be>r �
C!Lioc>se an tern, Enter Nurn.)er Enter Nurn.)er
Cho)cc)se an Ie!n. Enter Nurn.>er Enter Nurn.ber r
N
C!Lioc>se an tern, Enter Nurn.>er Enter Nurn.>er
t . r t . r ¢
C:�c�c>sE>��.� te.�i. F.�t.e. I`��a.�i�.e. F.�t.e. I`��a.�i�.E>. 0
0
(1) How many Zero Bedroom Units are described in the unit mix chart?
Enter Number 0
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RFA 2019-101
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Complete RFA as modified on 7-19-19
(2) How many one-bedroom units are described in the unit mix chart?
0
Enter @!utuber
0
(3) How many two-bedroom units are described in the unit mix chart?
Enter @!utuber
(4) How many three-bedroom units are described in the unit mix chart?
Enter @!utuber
(5) How many four-bedroom units are described in the unit mix chart?
0
Enter @!utuber
d. Number of Buildings
Number of anticipated residential buildings: Enter Number
7. Readiness to Proceed
a. Site Control
0
The properly executed Site Control Certification form (Form Rev. 08-18) and
attachments must be provided as Attachment 6 to demonstrate site control as of
Application Deadline. T
b. Ability to Proceed documents
(1) Provide the required documentation to demonstrate zoning as Attachment 7.
0
(2) Provide the required documentation to demonstrate availability of electricity as
Attachment 8.
r.
(3) Provide the required documentation to demonstrate availability of water as '
Attachment 9. 0
0
m
(4) Provide the required documentation to demonstrate availability of sewer as
Attachment 10.
(5) Provide the required documentation to demonstrate availability of roads as
cv
Attachment 11.
0
8. Construction Features m
0.
a. Federal requirements and State Building Code requirements for all Developments are 0
outlined in Section Four.
m
b. General feature requirements for all Developments are outlined in Section Four.
0
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C. Accessibility feature requirements for all Developments are outlined in Section Four.
0
d. Green Building Features:
0
(1) Green Building feature requirements for all Developments are outlined in
Section Four.
0
(2) Applicants must commit to achieve one of the following Green Building
Certification programs described in Section Four.
Choose an item.
0
9. Resident Programs o
For all proposed Developments that consist of less than eight units, there is no requirement to
commit to any of the resident programs below. For proposed Developments that consist of
eight to 25 units, it is a Mandatory requirement that at least one of the resident programs is
selected, but this may be off-site if accommodations are made so that residents can attend. For
all proposed Developments that consist of more than 25 units, it is a Mandatory requirement _
that at least two of the resident programs are selected and offered on-site.
❑ After School Program for Children
❑ Adult Literacy
❑ Employment Assistance Program
❑ Family Support Coordinator m
❑ Financial Management Program
10. Funding
a. Corporation Funding
(1) Development Funding available to all Applicants
(a) Development Funding Request Amount: $ Chcl< here to enter text.
(b) Land Acquisition Program Funding Request Amount: $ C cl< here is
r.
enter text.
The Maximum Funding Request amounts are provided in Section Four A.10. of
the RFA.
(2) Other Corporation Funding
(a) If a PLP loan has been awarded for this Development, provide the `V
following information:
m
Corporation File# Amount of Funding
C=:ck here Io e} ter t:exf: $C=:ci sere w e ter t:exf:
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(b) If any other Corporation funds will be incorporated as a source of
financing for the proposed Development, provide the information in the
chart below:
0
Corporation Program Corporation File No. Amount of Funding 0
SAIL Enter file No, S E! tier f lE>Inc.
HOME-Rental Enter file No, S E! tier f lE>Inc.
MMRB Enter file No, S Enf:er f lE>Inc. y
EHCL Enter file No, LE
b. Non-Corporation Funding
0
Attach all funding proposals executed by the lender(s) or by any other source as 0
Attachment 12. 0
C. Development Cost Pro Forma
To meet the submission requirements, upload the Development Cost Pro Forma with
the Application and CDBG-DR Principals of the Applicant and Developer(s) Disclosure
Form (Form Rev. 06-19) ("Principals Disclosure Form"), as outlined in Section Three of
the RFA.
d. Public Housing Authority as a Principal of the Applicant Entity
Is a Principal of the Applicant Entity a Public Housing Authority or an instrumentality of a
Public Housing Authority?
Choose an item.
If the Principal of the Applicant Entity is an instrumentality of a Public Housing
Authority, state the name of the Public Housing Authority:
0
Click here to enter text. ,
11. Uniform Relocation Act
a. Are there any units occupied?
0
Choose an item.
If"Yes"—Go to question b. below.
cv
If"No"—Go to question c. below.
0
b. Tenant Relocation Information for Existing Properties:
0
(1) How many total units now exist in the development? Aiwa here to enter text. 0
m
(2) How many units are occupied? flick here to enter text.
0
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RFA 2019-101
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(3) Based on the income information of each tenant, is permanent relocation
(displacement) anticipated during or after the construction period? m
0
r-
Chao e an item. 0
If"Yes", how many units are affected? flick here to enter text.
(4) Will temporary relocation of any tenants be required?
Choose an item.
2
If"Yes", how many tenants will require temporary relocation? Aiwa here to 0
enter text.
(5) Provide the required list of all occupied units and tenant income certifications as
Attachment 13. m
(6) Provide the required description of how the Development will meet the set-
aside requirements as Attachment 14.
0
(7) Provide the required description of how the cost of relocation will be covered as
Attachment 15.
C. Uniform Relocation Act (URA)Acquisition Information:
(1) Does the Applicant or Land Owner currently own the Development site?
Choose an item.
0
If"Yes" - Provide a narrative regarding the acquisition as Attachment 16 and
skip questions (2) through (4) below.
r.
If"No" -Answer question (2) below.
0
m
(2) Is the Applicant or Land Owner a private company?
Choose an item.
If"Yes" - Provide a copy of the notice provided to the current owner/seller as
Attachment 17 and skip questions (3) and (4) below.
m
If"No" -Answer question (3) below.
0
0
(3) Is the Applicant or Land Owner a public(government)Applicant?
0
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RFA 2019-101
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Choose an item.
0
If"Yes" -Answer question (4) below.
0
If"No" -Skip question (4) below.
(4) Does the Applicant have eminent domain power?
Choose an item.
If"Yes" - Provide a copy of the required notice as Attachment 18.
0
If"No" - Provide the required information as Attachment 18.
*****************
B. Addenda
The Applicant may use the space below to provide any additional information or explanatory
addendum for items in the Application. Please specify the particular item to which the
additional information or explanatory addendum applies.
m
Click here to enter text. �
0
r.
0
m
0
cv
0
m
0
0
m
0
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RFA 2019-101
Packet Pg. 1725
RFA 2019-101 DEVELOPMENT COST PRO FORMA (Page 1 of 7)
NOTES: (1) Developer fee may not exceed the limits established in Rule Chapter 67-48,F.A.C.,or this RFA Any portion of the fee that
has been deferred must be included in Total Development Cost. O
(2) General Contractor's fee is limited to 14%of actual construction cost(for Application purposes,this is represented by
A1.1.Column 3),rounded down to nearest dollar.The General Contractor's fee must be disclosed. The General Contractor's O
fee includes General Conditions,Overhead,and Profit.
(3) For Application purposes,the maximum hard cost contingency allowed cannot exceed 5%of the amount provided in O
column 3 for A1.3.TOTAL ACTUAL CONSTRUCTION COSTS for Developments where 50 percent or more of the units are
new construction. Otherwise the maximum is 15%. The maximum soft cost contintengy allowed cannot exceed 12
5%of the amount provided in column 3 for A2.1 TOTAL GENERAL DEVELOPMENT COST. Limitations on these contingency 0)
line items post-Application are provided in Rule Chapter 67-48,F.A.C. M
(4) Operating Deficit Reserves(ODR)of any kind are not to be included in C.DEVELOPMENT COST and cannot be used in
determining the maximum Developer fee. In addition,an ODR is not permitted in this Application at all. If one has been
included,it will be removed by the scorer,reducing total costs. However,one may be included during the credit underwriting
process where it will be sized.The final cost certification may include an ODR,but it cannot exceed the amount sized during
credit underwriting.
(5) Although the Corporation acknowledges that the costs listed on the Development Cost Pro Forma,Detail/Explanation Sheet,
Construction Analysis and Permanent Analysis are subject to change during credit underwriting,such costs are
subject to the Total Development Cost Per Unit Limitation as provided in the RFA,as well as the other cost limitations provided 0)
in Rule Chapter 67-48,F.A.C.,as applicable.
USE THE DETAIL/EXPLANATION SHEET FOR EXPLANATION OF*ITEMS. IF ADDITIONAL SPACE IS REQUIRED,ENTER THE 0)
INFORMATION ON THE ADDENDA LOCATED AT THE END OF THE APPLICATION.
What was the Development Category of the Proposed Development: New Construction(w/or w/o Acquisition)
/t2t'($Caie the number of `lal{,jn'is in'the proposed Development (enter a value)
1 3
ENTER TOTAL I.
COSTS IN THIS TOTAL .
COSTS
COLUMN
DEVELOPMENT COSTS
Actual Construction Costs
Accessory Buildings
Demolition
New Rental Units U
*Off-Site Work(explain in detail) O
Recreational Amenities r
r
Site Work '
h
*Other(explain in detail)
U
A1.1.Actual Construction Cost $ $
A1.2. General Contractor Fee see Note tal
(Max.14%of A1.1.,column 3) $ $
r
A1.3. TOTAL ACTUAL CONSTRUCTION tV
COSTS $ $
A1.4. HARD COST CONTINGENCY see Net,(4) $ $
O
U
U
Packet Pg. 1726
RFA 2019-101 DEVELOPMENT COST PRO FORMA (Page 2 of 7)
1 3
ENTER TOTAL
COSTS IN THIS TOTAL
COLUMN COSTS U
General Development Costs 0)
O
Accounting Fees
O
Appraisal
O
Architect's Fee-Site/Building Design N
Architect's Fee-Supervision
Builder's Risk Insurance
O
Building Permit
O
Capital Needs Assessment
Engineering Fees
Environmental Report
FHFC Administrative Fee see Note(2)
FHFC Application Fee see Note(2)
FHFC Compliance Fee see Note(2) O
See Note(2) '
FHFC PRLlCredit Underwriting Fees
Green Building Certification/
HERS Inspection Costs
*Impact Fees(list in detail)
Inspection Fees
U
Insurance
O
Legal Fees may'
r
Market Study
h
Marketing/Advertising
Property Taxes
Soil Test Report
r
Survey
r
Tenant Relocation Costs
N
Title Insurance&Recording Fees
Utility Connection Fee
*Other(explain in detail) O
U
A2.1. TOTAL GENERAL DEVELOPMENT
COST $ $
A2.2. SOFT COST CONTINGENCY aee note lcl $ $
Packet Pg. 1727
RFA 2019-101 DEVELOPMENT COST PRO FORMA (Page 3 of 7)
1 3
ENTER TOTAL
COSTS IN THIS TOTAL
COLUMN COSTS U
Financial Costs 0)
O
Construction Loan Origination/
Commitment Fee(s) O
Construction Loan Credit
Enhancement Fee(s)
Construction Loan Interest
J
Non-Permanent Loan(s)Closing
Costs
Permanent Loan Origination/
Commitment Fee(s)
Permanent Loan Credit
Enhancement Fee(s)
Permanent Loan Closing Costs
Bridge Loan Origination/
Commitment Fee(s)
Bridge Loan Interest O
*Other(explain in detail)
A3. TOTAL FINANCIAL COSTS $ $
ACQUISITION COST OF EXISTING
DEVELOPMENT(excluding land)
Existing Building(s)
*Other(explain in detail) Q
B. TOTAL ACQUISITION COSTS OF EXISTING O
DEVELOPMENT(excluding land) $ $
r
C. DEVELOPMENT COST $ $
r
(A1.3+A1.4+A2.1+A2.2+A3+B)
Developer Fee see Note(1)
Developer Fee on Acquisition Costs
Developer Fee on Non-Acquisition Costs
r
D. TOTAL DEVELOPER FEE $ $
r
E. OPERATING DEFICIT RESERVES see Hote(s) $ $ CV
M
F. TOTAL LAND COST $ $
a�
G. TOTAL DEVELOPMENT COST see Notelsl $ $
(C+D+E+F)
O
Packet Pg. 1728
RFA 2019-101 DEVELOPMENT COST PRO FORMA (Page 4 of 7)
Detail/Explanation Sheet
0
Totals must agree with Pro Forma. Provide component descriptions and amounts for each item that has been
completed on the Pro Forma that requires a detailed list or explanation.
C
DEVELOPMENT COSTS
Actual Construction Cost
(as listed at Item A1.) U
Off-Site Work:
0
Other:
0
General Development Costs
(as listed at Item A2.)
Impact Fees:
Other:
Financial Costs
(as listed at Item A3.)
U
Other:
0
Acquisition Cost of Existing Developments
(as listed at Item 82.) r
h
Other:
r
NOTES: Neither brokerage fees nor syndication fees can be included in eligible basis. Consulting fees,if any,and any financial or other guarantees CD
r
required for the financing must be paid out of the Developer fee.Consulting fees include,but are not limited to,payments for Application '
consultants,construction management or supervision consultants,or local government consultants. CD
r
N
0
U
U
Packet Pg. 1729
RFA 2019-101 DEVELOPMENT COST PRO FORMA (Page 5 of 7)
CONSTRUCTION ANALYSIS
AMOUNT LENDER/TYPE OF FUNDS
0
A. Total Development Costs $
B. Construction Funding Sources:
1. First Mortgage Financing $ <select from menu> y
2. Second Mortgage Financing $ <select from menu>
3. Third Mortgage Financing $ <select from menu>
0
4. Fourth Mortgage Financing $ <select from menu>
0
5. Fifth Mortgage Financing $ <select from menu>
6. Sixth Mortgage Financing $ <select from menu>
7. Seventh Mortgage Financing $ <select from menu>
8. Eighth Mortgage Financing $ <select from menu>
9. Ninth Mortgage Financing $ <select from menu> �
10. Tenth Mortgage Financing $ <select from menu>
11. Other: $
12. Other: $
13. Deferred Developer Fee $
14. Total Construction Sources $
C. Construction Funding Surplus
(13.14.Total Construction Sources,
less A.Total Development Costs): $ (A negative number here represents a funding shortfall.)
r
Each Attachment must be listed behind its own Tab. DO NOT INCLUDE ALL ATTACHMENTS BEHIND ONE TAB. �y
r
r
r
r
0
Packet Pg. 1730
RFA 2019-101 DEVELOPMENT COST PRO FORMA (Page 6 of 7)
PERMANENT ANALYSIS
AMOUNT LENDER/TYPE OF FUNDS
0
A. Total Development Costs $
B. Permanent Funding Sources:
1. First Mortgage Financing $ <select from menu> y
2. Second Mortgage Financing $ <select from menu>
3. Third Mortgage Financing $ <select from menu>
0
4. Fourth Mortgage Financing $ <select from menu>
0
5. Fifth Mortgage Financing $ <select from menu>
6. Sixth Mortgage Financing $ <select from menu>
7. Seventh Mortgage Financing $ <select from menu>
8. Eighth Mortgage Financing $ <select from menu>
9. Ninth Mortgage Financing $ <select from menu> �
10. Tenth Mortgage Financing $ <select from menu>
11. Other: $
12. Other: $
13. Deferred Developer Fee $
14. Total Permanent Funding Sources $
C. Permanent Funding Surplus
(13.14.Total Permanent Funding Sources,
less A.Total Development Costs): $ (A negative number here represents a funding shortfall.)
r
Each Attachment must be listed behind its own Tab. DO NOT INCLUDE ALL ATTACHMENTS BEHIND ONE TAB.
r
r
r
r
0
Packet Pg. 1731
RFA 2019-101 DEVELOPMENT COST PRO FORMA (Page 7 of 7)
The intent of this page is to assist the Applicant in determining a TDC PU Limitation for the proposed Development and comparing it to the appropriate C:
RFA's TDC PU Limitation. The accuracy of the comparison is dependent upon the accuracy of the inputs and Florida Housing takes no responsibility in
any programing errors. FHFC will not use this page to score TDC PU Limitation criteria. If FHFC makes any adjustments to the Applicant's data or
assumptions,FHFC's TDC PU for Limitation purposes of the proposed Development or the TDC PU Limitation determined by FHFC may be different than the
amounts provided below. Please read the RFA for qualifying responses and definition of terms. This table is optional and its use is at the sole discretion
of the Applicant. Applicant is responsible to verify and be in compliance with all aspects of the Application to meet RFA criteria.
TDC PU LIMITATION ANALYSIS Not in South Florida, New Construction,
In which county is the proposed Development to be located? Monroe (Small County)
You have indicated above on row 32 that the Development
Category of the Proposed Development is...................................... New Construction(w/or w/o Acquisition)
0
What is the proposed Development's Development Type? <select from menu>
0
Does the proposed Development qualify as Enhanced Structural
Systems Construction(ESSC)? <select from menu>
The TDC PU Base Limitation for the above defined Development is.......... Need Dev Type
Does the proposed Development qualify for any of the following TDC PU Add-Ons or Multipliers? Choose all that apply.
1. (a) PHA is a Principal/Affiliate Add-On....................................... <select from menu>
(b) Requesting HOME funds from FHFC Add-On........................ .�������������������� p�( F®i m.a.. appIr.,at,IF; �
(c) Requesting CDBG-DR funds from FHFC Add-On.................... Yes
2. Tax-Exempt Bond Add-On...................................................... (Select if applicable)
3. (a) North Florida Keys Area Multiplier........................................ <select from menu> (Select o; e opiio; if
(b)South Florida Keys Area Multiplier........................................ <select from menu> applicable) W
4. (a) Persons with Developmental Disabilities Multiplier..................
(b) Persons with a Disabling Condition Multiplier.......................... (Selec one or mo
(c) Persons with Special Needs Multiplier................................... opiicm.as applicable) �
O
(d) Homelss Demographic Multiplier.......................................... / /////////////
5. Elderly ALF Multiplier............................................................. (Select if applicable)
6. (a) Less than 51 units Multiplier'.......................................... ... —
c IF r.:; t.,r.€
(b) More than 50 units, but less than 81 units Multiplier'................ applicable
'For 9%HC Permanent Supportive Housing RFAs only. The proposed Development must be new construction to 0)
qualify as well as not being located in Monroe County.
r
The final overall TDC PU Limitation for the above defined Development is.. r�
Derivation of the TDC PU of the proposed Development for Limitation purposes: —
Total Development Costs(Line G.,column 3) $0.00
Less Land Costs(Line F.,column 3) $0.00 r
r
Less Operating Deficit Reserves(Line E.,column 3) $0.00
N
Less Demolition and Relocation Costs,if applicable $0.00
TDC of the proposed Development for Limitation Purposes: $0.00
TDC PU of the proposed Development for Limitation Purposes: $0.00 Need Units),
0
Is the proposed Development's TDC PU for Limitation purposes equal
to or less than the TDC PU Limitation provided in the RFA?.................. TBD
Packet Pg. 1732
Complete RFA as modified on 7-19-19
Exhibit B—Definitions
0
"100% Non-Profit An entity that is wholly-owned (i.e. 100 percent owned) by one or more qualified
Entity" non-profit organizations as defined in Section 42(h)(5)(C), subsection 501(c)(3) and
501(c)(4) of the Internal Revenue Code, as in effect on the date of this RFA, and
organized under Chapter 617, F.S., if a Florida corporation, or organized under
similar state law if organized in a jurisdiction other than Florida, to provide housing
and other services on a not-for-profit basis. y
"Affiliate" Any person that:
(a) Directly or indirectly,through one or more intermediaries, controls, is controlled
by, or is under common control with the Applicant or Developer;
(b) Serves as an officer or director of the Applicant or Developer or of any Affiliate
of the Applicant or Developer;
(c) Directly or indirectly receives or will receive a financial benefit from a
Development with the exception of third-party lenders, third-party management _
agents or companies, third-party service providers, Housing Credit Syndicators,
credit enhancers regulated by a state or federal agency, or contractors whose total
fees are within the limit described in this RFA, or
(d) Is the spouse, parent, child, sibling, or relative by marriage of a person described
in paragraph (a), (b) or(c), above.
"Applicant" Any person or legal entity of the type and with the management and ownership
structure described herein that is seeking a loan or funding from the Corporation by —
submitting an Application or responding to a competitive solicitation pursuant to
Rule Chapter 67-60, F.A.C.,for one or more of the Corporation's programs.
0
"Community A 501(c)(3)Applicant which acquires or develops parcels of land for the primary
Land Trust" purpose of providing affordable housing in perpetuity through conveyance of the
structural improvement subject to a long term ground lease which retains a
preemptive option to purchase any such structural improvement at a price 0
determined by a formula designed to ensure the improvement remains affordable
in Perpetuity.
0
"Developer" Any individual, association, corporation,joint venturer, governmental organization,
or partnership which possesses the requisite skill, experience, and credit
worthiness to successfully produce affordable housing as required in the
Application.
0
"Development The total of all costs incurred in the completion of a Development excluding
Cost" Developer Fee, operating deficit reserves, and total land cost as typically shown in
the Development Cost line item on the development cost pro forma.
m
0
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Complete RFA as modified on 7-19-19
"For Profit Entity" A entity with an ownership structure that includes an entity with at least one for
profit Principal, and therefore does not meet the definition of 100% Non-Profit
Entity.
0
"Land Authority" An entity created by Section 380.0663, F.S. o
"Land Owner" For purposes of Priority I and II Applications, a Local Government, Public Housing
Authority, Land Authority, or Community Land Trust that owns the land or will own
the land used for the proposed Development. A Land Owner Certification form is
required to be submitted in all Priority I or 11 Applications. The Land Owner will be
the recipient of the amount of CDBG-DR Funding needed for land acquisition when
land acquisition costs are part of the Development Cost of any Priority I
Applications and Priority 11 Applications.
"Local Local Government as defined in Section 420.503 F.S.
Government"
"Non-Profit" A qualified non-profit entity as defined in Section 42(h)(5)(C), subsection 501(c)(3)
or 501(c)(4) of the IRC and organized under chapter 617, F.S., if a Florida
Corporation, or organized under similar state law if organized in a jurisdiction other
than Florida, to provide housing and other services on a not-for-profit basis,which
owns at least 51 percent of the ownership interest in the Development held by the
general partner or managing member entity, which shall receive at least 25 percent
of the Developer Fee, and which entity is acceptable to federal and state agencies
and financial institutions as a Sponsor for affordable housing. A for-profit entity
wholly owned by one or more qualified non-profit organizations will constitute a
Non-Profit entity.The purpose of the Non-Profit must be, in part, to foster low-
income housing and such purpose must be reflected in the Articles of Incorporation
of the Non-Profit entity. A Non-Profit entity shall own an interest in the
Development, either directly or indirectly; shall not be affiliated with or controlled o
by a for-profit Corporation; and shall materially participate in the development and ,
operation of the Development throughout the total affordability period as stated in
the Land Use Restriction Agreement.
"Perpetuity" At least 99 years from the loan closing. —
m
"Principal" (a) For a corporation, each officer, director, executive director, and shareholder of
the corporation.
(b) For a limited partnership, each general partner and each limited partner of the
limited partnership.
(c) For a limited liability company, each manager and each member of the limited
m
liability company.
0
(d) For a trust, each trustee of the trust and all beneficiaries of majority age (i.e.; 18
years of age) as of Application deadline.
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(e) For a Public Housing Authority, each officer, director, commissioner, and
executive director of the Authority.
(f) For a Local Government or Land Authority, a designated individual with authority
to bind the Local Government or Land Authority and execute documents on behalf o
of the Local Government or Land Authority.
"Public Housing Public Housing Authority as created in 421.04, F.S.
Authority"
"Regulated (a)A state or federally chartered entity authorized to transact business in this state
Mortgage that regularly engages in the business of making mortgage loans secured by real
Lender" property in this state, whose mortgage lending activities subject it to the
jurisdiction of the State of Florida Office of Financial Regulation,the Board of
Governors of the Federal Reserve, Office of the Comptroller of the Currency, the
National Credit Union Administration, or the Federal Deposit Insurance
Corporation; (b)A Fannie Mae-approved lender whose name appears on the Fannie
Mae list of Delegated Underwriting and Servicing (DUS°) Lenders*; (c) A HUD-
approved lender whose name appears on the U.S. Department of Housing and
Urban Development (HUD) list of Multifamily Accelerated Processing (MAP)
Approved Lenders*; (d) A RD-approved lender whose name appears on the U.S.
Department of Agriculture, Rural Development(RD), list of Section 538 Guaranteed
Rural Rental Housing approved lenders*; or(e) A Freddie Mac-approved
multifamily lender whose name appears on Freddie Mac's lists of Program Plus
(Florida region) lenders,Targeted Affordable Housing lenders or Seniors Housing T
lenders*; or(f) a mortgage lender that is a certified Community Development
Financial Institution (CDFI) in the State of Florida that has been awarded funding
from the CDFI Fund in a cumulative amount of at least$5,000,000, exclusive of New
Market Tax Credit(NMTC) awards,whose name and CDFI awards can be confirmed
on the CDFI Fund's web site (Qualified CDFI, and the affiliate(s) of such Qualified o
CDFI. As used herein,the affiliate(s) of a Qualified CDFI means the parent, ,
subsidiary or successor of the Qualified CDFI, or an entity that shares common
ownership or management with the Qualified CDFI. If the lender is an affiliate of
the Qualified CDFI,the funding letter(s) being considered by the Corporation must '
include the name of the Qualified CDFI and a statement that the lender is an
affiliate of the Qualified CDFI. T
*These documents are available on the RFA Website.
"Workforce All of the units must be general occupancy, set aside at 80 percent AMI or less.
Housing"
"Zero Bedroom A single person occupancy unit of at least 350 square feet that includes a private full m
Unit" bathroom and a vertical closet for clothing.The unit shall include a kitchen with a 0.
refrigerator,stove and sink. 0
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Exhibit C—Additional Information
0
1. Total Development Cost Per Unit Limitation c,
2
a. The Total Development Cost Per Unit Limitation was reviewed during the scoring
0
process as outlined in Section Five, A. During credit underwriting and final cost
certification, the Total Development Cost Per Unit Limitation will be reviewed again
using the values in the chart below. y
Total Development Cost Per Unit Base Limitations
New Construction Units 0 2
0
Measure Wood* ESS*
Maximum TDC Per Unit Limitation**
for all counties except Broward and $206,000 $248,000
Miami-Dade
Maximum TDC Per Unit Limitation**
for Broward and Miami-Dade $217,000 $260,000
counties
Applicable TDC Multipliers(to be applied against the Development's TDC)and TDC Add-Ons(to be added
to the Maximum TDC Per Unit Limitation) >
-------------------------------------------------------------------------------------------------------------------------------------------------
TDC Multiplier for Florida Keys Area for all areas north of Plantation o
Key(i.e.,north of Tavernier Creek) 65/
................................................................................................................................................................................................................................................................................................................................................................
TDC Multiplier for Florida Keys Area for all areas located on or south 50%***
of Plantation Key(i.e.,south of Tavernier Creek)
$5,000 of additional per unit costs
TDC Add-On for the additional costs related to the Federal Program will be added to the above
Maximum TDC Per Unit Limitation
..................................................................................................................................................................................................................................................................................................................................................................................
* ESS means Enhanced Structural Systems Construction.
U
**
Exclusive of land costs and exclusive of any approved operating deficit reserves that are part of the permanent phase(i.e.,non-
construction)financing for the Development which have not been included within the Developer fee.When the term of operating
deficit reserves(ODR)is mentioned in this TDC Per Unit Limitation section,the term shall refer to these particular operating ,
deficit reserves. Examples of reserves which can be considered part of the operating deficit reserve for this calculation are
r
provided in the Operating Deficit Reserve portion of the Funding section in the RFA.For purposes of property acquisition may'
valuation(land with or without building improvements),the Corporation uses the lesser of the appraised value,or the actual cost
of acquisition.The appraised value will be determined during credit underwriting.When land costs are referenced in this TDC Per
Unit Limitation section,the reference shall be limited to the amount of the land cost approved by the Corporation to be provided CD
in the final cost certification under the land owned cost line item.For Applicants that have a public housing
authority/instrumentality of a public housing authority listed as a Principal on the Applicant's Principal Disclosure Form may also p'
exclude demolition costs and tenant relocation costs from TDC PU Limitation calculations. The total amount of costs that are to
be excluded from the TDC Per Unit Limitation process are the applicable land costs,operating deficit reserves and certain PHA
costs described herein are referred to in Exhibit C in the congregate as applicable qualifying costs. r
r
***If the proposed Development consists of Scattered Sites,the 50%TDC Multiplier applies only if all of the sites are located south of r
Tavernier Creek. CV
b. Any Applicant that has the Credit Underwriter present a credit underwriting report with
an amount that exceeds these limitations by more than 5 percent, after taking into
consideration an escalation factor for development costs rising after the Application
Deadline of 3.0 percent for any Development with the Development Category of new
construction and incorporating any applicable TDC reduction and adjustments processes
provided below will receive a negative recommendation by the Credit Underwriter. m
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Any Applicant that has the Credit Underwriter present a credit underwriting report with
an amount that exceeds these limitations will require staff to review the credit
underwriting report for compliance to the TDC reduction and adjustment procedure m
provided below:
0
(1) A TDC Per Unit Limitation is the maximum allowable and is determined by
adding the applicable TDC Per Unit Base Limitation from the table above with
respect to the Development as provided in this RFA to any applicable TDC add-
on and multiplying that sum by the appropriate escalation rate, and then
dividing by any applicable TDC multiplier and finally taking the resulting amount
and multiplying it by the number of total units in the Development. If there are
multiple unit types, this process is done for each unique unit type and then they
are all added together.
The Developer Fee will be limited to the maximum allowable within the TDC Per m
Unit Limitation, in all instances. A Developer Fee can be earned on
Development Cost as defined in Exhibit B, up to the maximum allowed within m
the TDC Per Unit Limitation, but it cannot be earned on costs in excess of said
limitation. If the Development costs exceed the amount allowed by the TDC Per
Unit Limitation, then the maximum allowable Developer Fee will be adjusted as
outlined below. The maximum allowable Developer Fee limit can be
determined by taking the TDC Per Unit Limitation amount and dividing by 1.16*
and then multiply the result by 16 percent*. This will yield the maximum 0
allowable Developer Fee within the TDC Per Unit Limitation.
m
Prior to determining any necessary adjustment, if the Developer Fee initially stated by
the Applicant or Credit Underwriter is in excess of the maximum allowable Developer
Fee as provided in 1.b.(1) above, the stated Developer Fee will be reduced to said
maximum allowable Developer Fee, and the TDC will be equally reduced to incorporate
the cost reduction.
0
(2) Subsequent to reducing the stated Developer Fee to the maximum allowable
amount provided above, additional adjustments may be necessary if the TDC ,
Per Unit Limitation remains exceeded. An adjustment to the maximum
allowable Developer Fee limit shall be determined by reducing the maximum 0
allowable Developer Fee, as determined in 1.b.(1) above, dollar-for-dollar,for
any costs in excess of the amount allowed by the TDC Per Unit Limitation, up to T
the lesser of(a)the actual amount of costs in excess of the amount allowed by
the TDC Per Unit Limitation, (b) $500,000, or(c) 25 percent of the initial
maximum allowable Developer Fee limit. If the stated Developer Fee, inclusive
of any necessary adjustments incorporated above, exceeds the maximum
allowable Developer Fee limit as adjusted herein,the stated Developer Fee,
inclusive of any necessary adjustments incorporated above shall be further
adjusted to not exceed the new maximum allowable Developer Fee limit, and
the Applicant's TDC will be equally reduced to incorporate the cost reduction. If
0
after following this Developer Fee limitation process, the Applicant's TDC 0
exclusive of the applicable qualifying costs is reduced to be within the amount
allowed by the TDC Per Unit Limitation,then the Developer Fee adjustment
0
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calculation is complete. If the Applicant's TDC exclusive of the applicable
qualifying costs remains above the amount allowed by the TDC Per Unit
Limitation,then there is an additional Developer Fee adjustment process, as m
outlined in (3) below.
0
(3) An additional Developer Fee limitation adjustment will be initiated to further
reduce the allowable maximum Developer Fee limit in the event the Applicant's
TDC exclusive of the applicable qualifying costs (as adjusted above) exceeds the
TDC Per Unit Limitation. The reduction will be determined by deriving a
percentage amount that the Applicant's TDC exclusive of the applicable
qualifying costs (as adjusted above) exceeds the TDC Per Unit Limitation and
multiplying this excess percentage by the amount of the adjusted Developer
Fee, resulting in a product that is the additional adjustment to the Developer
Fee. For instance, if the Applicant's adjusted TDC excusive of the applicable
qualifying costs exceeds the limitation by 4 percent, then the maximum
allowable Developer Fee limit is further reduced by 4 percent. If the stated
Developer Fee is greater than this limit, it must be reduced to be equal to the
new limit. Once this step is complete, there is no further Developer Fee
adjustment or corresponding cost savings mandated to be incorporated into the
Applicant's TDC for this process.
2
It is at this point that the Applicant's adjusted TDC exclusive of the applicable qualifying
costs are compared to the TDC Per Unit Limitation, and if the TDC Per Unit Limitation is
exceeded by more than 5 percent (as presented in the opening paragraph of 1.b above),
the credit underwriting report shall be presented with a negative recommendation by
the Credit Underwriter.
As a note, if the Developer Fee in the credit underwriting report is already at or below
the maximum allowable Developer Fee limit,then there is no additional adjustment
mandated to be incorporated into the Developer Fee. This also means there are no
corresponding cost savings to reduce the Applicant's TDC since all TDC cost reductions
stemming from this process are coming from reducing the Developer Fee. If the
Developer Fee in the credit underwriting report needs to be reduced to incorporate any
adjustment as provided above, then as the Developer Fee is reduced, so is the
Applicant's TDC in order to incorporate the reduced Developer Fee cost.
For example: T
A 45-unit Development located in Monroe County with a Development Category of new
construction and a Development Type of Garden-ESSC(NC). The credit underwriter ,
initially reports the Applicant's TDC of$19,030,000, inclusive of the Applicant's stated
cv
Developer Fee of$2,620,000, but exclusive of applicable qualifying costs at time of
credit underwriting, and also prior to any adjustment. The Applicant does qualify for a
TDC Add-On of$5,000 for the Federal Boost and it qualifies for the TDC Multiplier of
65%for the North Florida Keys Area.
0
U
Calculate TDC Limitation for the Development and Maximum Allowable Developer Fee
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1.(a) TDC Per Unit Base Limitation, inclusive of any applicable TDC Add-On ($5,000),
any applicable TDC Multiplier (65%), and the credit underwriting escalation rate
(3.0%): [ ($248,000.00 Per Unit+$5,000 TDC Add-On)x 45 Garden-ESSC (NC) m
Units )x(1 +3.0%) ]/65%TDC Multiplier=$18,040,846. (To determine the
final TDC PU Limitation, divide by total units: $18,040,846/45 Total Units= o
$400,907.69 Per Unit.)
1.(b) Implied maximum Development Cost per the limitation: $18,040,846+ 1.16=
$15,552,454.
1.(c) Determine maximum allowable Developer Fee limit within the TDC limitation
0
(prior to any applicable Developer Fee adjustment): $15,552,454 x 16%_
$2,488,392. o
(Note: The calculations in both 1.(b) and 1.(c) incorporates the requirement to
round down the Developer Fee to the next lower whole dollar.)
First Developer Fee/TDC adjustment Calculation Methodology(If necessary)
2.(a)(i) Is the Applicant's initial Developer Fee ($2,620,000) greater than the maximum
allowable of$2,488,392? $2,620,000>$2,488,392; Yes.
0
2.(a)(ii) If the response to 2.(a)(i) is "Yes",then determine the excess: $2,620,000 -
$2,488,392 =$131,608(initial excess Developer Fee).
2.(b) Reduce the Applicant's initial Developer Fee to the lesser of either the maximum
allowable ($2,488,392) or the Applicant's initial fee ($2,620,000) and reduce the
Applicant's initial TDC by an equal amount: $2,620,000 -$131,608=$2,488,392
(Applicant's initial adjusted fee); $19,030,000-$131,608=$18,898,392
(Applicant's initial adjusted TDC).
2.(c) If the response to 2.(a)(i) is "No" or once the adjustment of 2.(b) has been o
completed, then determine if the Applicant's (adjusted)TDC remains in excess
of the limitation and if so, the amount of the excess: $18,898,392 (initial ,
adjusted TDC) >$18,040,846(TDC limitation); $18,898,392 -$18,040,846=
$857,546 (excess).
2.(d) Determine the components used to calculate an adjusted maximum allowable T
Developer Fee. Any adjustment will be the lesser of either(i) 100% of the
excess TDC ($857,546), (ii) $500,000, or (iii) 25 percent of the maximum
allowable Developer Fee limit(25%x$2,488,392 =$622,098) : $500,000< ,
$622,098<$857,546.
cv
2.(e) Apply the least amount of the three components in 2(d) above ($500,000)to `
determine the maximum allowable Developer Fee limit, subject to this
adjustment: $2,488,392 -$500,000=$1,988,392 (maximum fee limit at this
stage). 0
2.(f) Determine if the Applicant's initial adjusted Developer Fee (as provided in 2.(b)
above) is greater than the new maximum allowable Developer Fee limit(from
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2.(e) above) and, if so, reduce the Applicant's initial adjusted fee appropriately:
$2,488,392 (Applicant's initial adjusted fee) > $1,988,392 (maximum fee limit at
this stage); Adjust the fee appropriately: Applicant's interim adjusted fee= m
$1,988,392. 0
C
0
2.(g) Determine the Applicant's TDC reduction due to the Developer Fee adjustment
in 2.(f) above and apply the adjustment accordingly: $2,488,392 (Applicant's
initial adjusted fee) -$1,988,392 =$500,000 (Applicant's TDC reduction);
$18,898,392 -$500,000=$18,398,392 (Applicant's interim adjusted TDC).
Second Developer Fee/TDC adjustment Calculation Methodology(If necessary)
0
3.(a) Determine the percentage the Applicant's (adjusted)TDC without the applicable 0
qualifying costs (as adjusted above in 2.(g))that exceeds the amount allowed by
r-
the TDC Per Unit Limitation: Amount of excess TDC: $18,398,392 (Applicant's m
interim adjusted TDC) -$18,040,846 (TDC limitation) =$357,546(excess TDC);
Excess TDC as a percentage of TDC Limitation: $357,546_$18,040,846= 1.98%.
(Note: This number is only rounded here for illustrative purposes. The actual
calculation will not be rounded.)
3.(b) Determine the final maximum Developer Fee limit: 1.98%x$1,988,392
(maximum fee limit from 2.(e) above) =$39,407; $1,988,392 -$39,407 =
$1,948,985 (final maximum allowable Developer Fee limit).
3.(c) Determine if the Applicant's interim adjusted Developer Fee (from 2.(f) above) is
greater than the final maximum allowable Developer Fee limit (from 3.(b)
above) and, if so, reduce the Applicant's interim adjusted Developer Fee
appropriately: $1,988,392 (Applicant's interim adjusted fee) >$1,948,985 (final
fee limitation); $1,988,392-$39,407 =$1,948,985 (Applicant's final adjusted
Developer Fee).
0
3.(d) Determine the Applicant's final adjusted TDC at time of credit underwriting by ,
taking the Applicant's interim adjusted TDC(as provided in 2.(g) above) and
subtracting any adjustment to the Applicant's final adjusted Developer Fee
(from 3.(c) above): $18,398,392 -$39,407=$18,358,985 (Applicant's final
adjusted TDC).
0
m
3.(e) Verify the status of the 5%variance test: ($18,358,985 -$18,040,846)/
$18,040,846= 1.76%, which falls within the criteria of being less than or equal
to 5%above of the amount allowed by the TDC Per Unit Limitation.
C. Any Applicant that presents a Final Cost Certification Application Package (FCCAP) that
has applicable TDC amounts that exceed the TDC Per Unit Limitation will require staff
to review the FCCAP for compliance to the procedure provided in (1), (2) and (3) below
if the Applicant did not have its Developer Fee adjusted at credit underwriting as
provided in 1.b. above, either voluntarily or by the credit underwriter in order to get
0
the Applicant's TDC exclusive of the applicable qualifying costs to be in compliance with 0
the TDC Per Unit Limitation requirements.
0
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(1) A TDC Per Unit Limitation is the maximum allowable and is determined by
adding the applicable TDC Per Unit Base Limitation from the table above with
respect to the Development as provided in this RFA to any applicable TDC add- m
on and multiplying that sum by the appropriate escalation rate, and then
dividing by any applicable TDC multiplier and finally taking the resulting amount o
and multiplying it by the number of total units in the Development. If there are
multiple unit types, this process is done for each unique unit type and then they
are all added together.
The Developer Fee will be limited to the maximum allowable within the TDC Per
Unit Limitation, in all instances. A Developer Fee can be earned on
Development Cost as defined in Exhibit B, up to the maximum allowed within
the TDC Per Unit Limitation, but it cannot be earned on costs in excess of said
limitation. If the Development costs exceed the amount allowed by the TDC Per
Unit Limitation, then the maximum allowable Developer Fee will be adjusted as
outlined below. The maximum allowable Developer Fee limit can be
determined by taking the TDC Per Unit Limitation amount and dividing by 1.16*
and then multiply the result by 16 percent*. This will yield the maximum
allowable Developer Fee within the TDC Per Unit Limitation.
Prior to determining any necessary adjustment, if the Developer Fee initially stated by
the FCCAP is in excess of the maximum allowable Developer Fee as provided in 1.c.(1)
above, the Developer Fee will be reduced to said maximum allowable Developer Fee,
and the Applicant's TDC will be equally reduced to incorporate the cost reduction.
(2) Subsequent to reducing the Developer Fee to the maximum allowable amount, T
additional adjustments may be necessary if the TDC Per Unit Limitation
remains exceeded. An adjustment to the maximum allowable Developer Fee
limit shall be determined by reducing the maximum allowable Developer Fee
limit as determined in 1.c.(1) above, dollar-for-dollar,for any costs in excess of
the amount allowed by the TDC Per Unit Limitation, up to the lesser of(a)the
actual amount of costs in excess of the amount allowed by the TDC Per Unit
Limitation, (b) $250,000, or(c) 10 percent of the initial maximum allowable
Developer Fee limit. If the stated Developer Fee, inclusive of any necessary
r.
adjustments incorporated above, exceeds the maximum allowable Developer '
Fee limit as adjusted herein, the stated Developer Fee, inclusive of any
necessary adjustments incorporated above, shall be further adjusted to not
exceed the new maximum allowable Developer Fee limit, and the Applicant's
TDC will be equally reduced to incorporate the cost reduction. If, after
following this Developer Fee limitation process, the Applicant's TDC exclusive ,
of the applicable qualifying costs is reduced to be within the amount allowed
by the TDC Per Unit Limitation, then the Developer Fee adjustment calculation
is complete. If the Applicant's TDC exclusive of the applicable qualifying costs
remains above the amount allowed by the TDC Per Unit Limitation,then there
is an additional Developer Fee adjustment process, as outlined in (3) below.
0
(3) An additional Developer Fee limitation adjustment will be initiated to further
reduce the maximum allowable Developer Fee limit in the event the
Applicant's TDC exclusive of the applicable qualifying costs (as adjusted above)
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exceeds the TDC Per Unit Limitation. The reduction will be determined by
deriving a percentage amount that the Applicant's TDC exclusive of the
applicable qualifying costs (as adjusted above) exceeds the amount allowed by m
the TDC Per Unit Limitation, and multiplying this excess percentage by the
amount of the adjusted Developer Fee, resulting in a product that is the o
additional adjustment to the Developer Fee. For instance, if the Applicant's
adjusted TDC exclusive of the applicable qualifying costs exceeds the limitation,
by 4 percent, then the maximum allowable Developer Fee limit is further
reduced by 4 percent. If the stated Developer Fee is greater than this limit, it
must be reduced to be equal the new limit. Once this step is complete, there is
no further Developer Fee adjustment or corresponding cost savings to be
incorporated into the Applicant's TDC as a result of this process.
0
If the Applicant already had its Developer Fee adjusted at credit underwriting as
provided in 1.b. above, either voluntarily or by the credit underwriter in order to get m
the Applicant's TDC exclusive of the applicable qualifying costs to be in compliance with
the TDC Per Unit Limitation requirements, but the Applicant's TDC without the m
applicable qualifying costs in the FCCAP is now less than the Applicant's TDC without
the applicable qualifying costs provided in the credit underwriting report,then the
Developer Fee will be re-evaluated based on the procedure provided in 1.b. above,just
as if it were going through the credit underwriting report process again.
2
If the Applicant already had its Developer Fee adjusted at credit underwriting as
provided in 1.b. above, either voluntarily or by the credit underwriter in order to get
the Applicant's TDC exclusive of the applicable qualifying costs to be in compliance with
the TDC Per Unit Limitation requirements, and the Applicant's TDC the applicable T
qualifying costs in the FCCAP exceeds the Applicant's TDC without the applicable
qualifying costs provided in the credit underwriting report, then the Developer Fee will
have an additional adjustment to be incorporated as provided in (4) below. For the
adjustment process below,the maximum initial Developer Fee (i.e., prior to any
adjustments provided in (4) below) cannot exceed the final Developer's fee as stated in o
the credit underwriting report. ,
(4) For an Applicant that already had its Developer Fee adjusted at credit
underwriting as provided in 1.b. above and whose TDC without the applicable
qualifying costs in the FCCAP exceeds the Applicant's TDC without the
applicable qualifying costs provided in the credit underwriting report,the
m
maximum allowable Developer Fee limit will incorporate an additional
adjustment. This additional Developer Fee adjustment will be the lesser of(a)
the difference between the amount of the Applicant's TDC exclusive of the
applicable qualifying costs as reported in the FCCAP that is in excess of the
Applicant's TDC exclusive of the applicable qualifying costs provided in the
credit underwriting report, (b) $250,000, or(c) 10 percent of the allowable `
Developer Fee reported in the credit underwriting report. If the Developer Fee
in the FCCAP is already equal to or less than the maximum allowable Developer
Fee limit as determined with the incorporation of this additional Developer Fee o
U
adjustment, then neither the Developer Fee nor the Applicant's TDC is further
reduced.
For example:
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Assuming the Development in the example provided in 1.b. above provides an FCCAP
with the Applicant's TDC, exclusive of the applicable qualifying costs,which is$265,000
higher than the Applicant's TDC, exclusive of applicable qualifying costs, provided in the m
credit underwriting report, but the Developer Fee is the same as provided in the credit
underwriting report of$1,948,985. The additional Developer Fee adjustment will be the o
lesser of(a) $265,000 (the new excess costs), (b) $250,000 (the maximum dollar limit of
this additional Developer Fee adjustment), or(c) $194,899 (10%of the allowable
Developer Fee reported in the credit underwriting report).
Since option (c) is the least amount of the three options, the allowable Developer Fee
will be lowered by$194,899. Since the Applicant's Developer Fee initially reported in
the FCCAP is equal to the allowable Developer Fee reported in the credit underwriting 0
report,the Applicant's Developer Fee will be adjusted in the same manner as the
allowable Developer Fee. The allowable Developer Fee and the Applicant's Developer
Fee will be$1,754,086. The Applicant's TDC, exclusive of applicable qualifying costs, in
the FCCAP would be adjusted to$18,429,086 ($18,358,985 from the credit underwriting
report plus $265,000 of new additional costs less$194,899 for the reduction in
allowable Developer Fee).
As a note, if the Developer Fee in the FCCAP is already at or below this allowable
Developer Fee, then there is no additional adjustment to be incorporated into the
Developer Fee. This also means there are no corresponding costs savings to reduce the
Applicant's TDC since all TDC cost reductions stemming from this process are coming
from reducing the Developer Fee. If the Developer Fee in the FCCAP needs to be
reduced to incorporate any adjustments provided above,then as the Developer Fee is
reduced, so is the Applicant's TDC in order to incorporate the reduced Developer Fee
cost.
* These figures represent the applicable Developer Fee percentage for the Development of 16%and one plus the
applicable Developer Fee percentage for the Development(1+16%).
0
2. Florida Job Creation Funding Preference
Each Application will be measured to determine whether it qualifies for the Florida Job Creation r�
Funding Preference. To determine eligibility for the preference, the Corporation will calculate CD
the Application's Florida Job Creation score,which will reflect the number of Florida jobs per$1
million of implied eligible CDBG-DR Development Funding amount requested at question
10.a.(1)(a) of Exhibit A. To qualify for the Florida Job Creation Funding Preference in Section
Five of the RFA, all Applications must earn a Florida Job Creation score equal to or greater than
1.09. If an Applicant requested Land Acquisition Program Funding, it will not be used in this
calculation. cv
Determination of the Florida Job Creation score will be based on the following information:
m
• The number of total units committed to by the Applicant (as stated by the Applicant at o
question 6.a. of Exhibit A);
• The Florida job creation rate of 1.738 Florida Jobs per Single Family Unit;
• The Florida job creation rate of 3.974 Florida Jobs per non-Single Family Unit;
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• The Eligible CDBG-DR Development Funding Request Amount.
0
The score for the Florida Rate of Job Creation per$1 million of CDBG-DR funding will be m
measured using the following calculation: 0
0
a. Developments consisting of only Single Family units:
Number of units x 1.738 Florida Jobs per Unit x 1,000,000/ Eligible CDBG-DR
Development Funding Request Amount= Florida Jobs per$1 million of CDBG-DR
funding.
0
For example:
0
Application A consists of 15 Single Family units and has an Eligible CDBG-DR
Development Funding Request Amount of$5,500,000.
15 x 1.738 x 1,000,000/5,500,000= Florida Job Creation score of 4.74.
b. Developments consisting of only non-Single Family units:
0
Number of units x 3.974 Florida Jobs per Unit x 1,000,000/ Eligible CDBG-DR
Development Funding Request Amount= Florida Jobs per$1 million of CDBG-DR
funding.
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For example:
Application B consists of 15 non-Single Family units and has an Eligible CDBG-DR
Development Funding Request Amount of$5,500,000.
0
15 x 3.974 x 1,000,000/5,500,000= Florida Job Creation score of 10.84.
C. Developments consisting of both Single Family and non-Single Family units:
(Number of Single Family units x 1.738 Florida Jobs per unit+ Number of non-Single
Family units x 3.974 Florida Jobs per unit)x 1,000,000/the Eligible CDBG-DR
Development Funding Request Amount= Florida Jobs per$1 million of CDBG-DR
funding.
For example:
Application C consists of 10 Single Family units and 5 non-Single Family units and has an
Eligible CDBG-DR Development Funding Request Amount of$5,500,000.
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In the above examples, the Application will qualify for the Job Creation Funding Preference
because it has a Florida Job Creation score that is at least 1.09.
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3. Fees 0
The Corporation and, if applicable, the Credit Underwriter shall collect via check or money order
from the Applicant the following fees and charges in conjunction with this RFA. Failure to pay
any fee shall cause the funding awarded to be withdrawn.
All fees set forth below, except for Loan Servicing Fees, are part of Development Cost and can
be included in the Development Cost Pro Forma and paid with loan proceeds.
a. Application Fee
All Applicants requesting funding in this RFA shall submit to the Corporation as a part of
the Application submission a non-refundable Application fee as follows: m
• The Application Fee for Priority I Applications is$1,500.
• The Application fee for Priority II and III Applications is$3,000.
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b. Credit Underwriting Fees
The following fees are not the fees that will be charged but are listed below for
estimation purposes of completing the Development Cost Pro-Forma in the Application.
The actual fees will be determined based on the current contract, including any
addendum, for services between the Corporation and the Credit Underwriter(s) in effect
at the time underwriting begins.
(1) Initial fee: $14,082 0
(2) Re-underwriting fee: $181 per hour, not to exceed $7,990. ,
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Any Development requiring further analysis by the Credit Underwriter will be '
subject to a fee based on an hourly rate determined pursuant to contract 0
between the Corporation and the Credit Underwriter. All credit underwriting 0
fees shall be paid by the Applicant prior to the performance of the analysis by
the Credit Underwriter. If the Development involves Scattered Sites of units
within a single market area, a single credit underwriting fee shall be charged. ,
(3) Extraordinary Services fee (which includes the Capital Needs Assessment
Review, if applicable): $181 per hour.
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(4) Credit Underwriting Extension Fees
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Credit underwriting extension fees are outlined in Exhibit F.
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C. Compliance Monitoring Fees
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The following fees are not the fees that will be charged but are listed below for
estimation purposes of completing the Development Cost Pro-Forma in the Application.
The actual fees and percentage increases will be determined based on the current m
contract, including any addendum, for services between the Corporation and the
Compliance Monitor(s). Fees will be for a term of 50 years. o
(1) Initial Fee
A total annual fee comprised of a base fee of$168 per month +an additional
fee per set-aside unit of$10.30 per year, subject to a minimum of$263 per
month, and subject to an automatic annual increase of 3 percent of the prior
year's fee 0
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(2) Follow-up Reviews/Extraordinary Services fee: $181 per hour
e. Credit Underwriting and Loan Closing Extension Fees
In the event the loan does not close within the timeframes prescribed, extension fees
will be assessed as follows:
(1) The firm loan commitment(s) must be issued as follows:
2
The firm loan commitment must be issued within 12 months of the Applicant's
acceptance to enter credit underwriting. Unless an extension is approved by the
Corporation in writing, failure to achieve credit underwriting report approval
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and issuance of a firm loan commitment by the specified deadline shall result in
withdrawal of the preliminary commitment. Applicants may request one
extension of up to six months to secure a firm loan commitment. All extension
requests must be submitted in writing to the program administrator and contain
the specific reasons for requesting the extension and shall detail the time frame
to achieve a firm loan commitment. In determining whether to grant an
extension, the Corporation shall consider the facts and circumstances of the
Applicant's request, inclusive of the responsiveness of the Development team
and its ability to deliver the Development timely.The Corporation shall charge a
non-refundable extension fee of one percent of each loan amount if the request
to extend the credit underwriting and firm loan commitment process beyond
the initial 12 month deadline is approved. If an approved extension is utilized,
for profit Applicants must pay the extension fee not later than seven Calendar
Days after the original 12 month deadline. Non-Profit Applicants may request to
pay the extension fee at the time of closing. Any such request must be made in
writing to the Corporation. If, by the end of the extension period, the Applicant
has not received a firm loan commitment, then the preliminary commitment
shall be withdrawn.
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(2) The loan must close as follows: o
The loans and other mortgage loans related to the Development must close
within 120 Calendar Days of the date of the firm loan commitment(s). Unless an
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extension is approved by the Board, failure to close the loan(s) by the specified
deadline outlined above shall result in the firm loan commitment(s) being
deemed void and the funds shall be de-obligated. Applicants may request one
extension of the loan closing deadline outlined above for a term of up to 90 0
Calendar Days. All extension requests must be submitted in writing to the 0
program administrator and contain the specific reasons for requesting an
extension and shall detail the time frame to close the loan.The Board shall
consider the facts and circumstances of each Applicant's request, inclusive of
the Applicant's ability to close within the extension term and any credit
underwriting report, prior to determining whether to grant the requested
extension.The Corporation shall charge an extension fee of one percent of each
Corporation loan amount if the Board approves the request to extend the loan
closing deadline beyond the applicable 120 Calendar Day or 180 Calendar Day 0
period outlined above. If an approved extension is utilized, for profit Applicants
must pay the extension fee not later than seven Calendar Days after the original
loan closing deadline. Non-Profit Applicants may request to pay the extension
fee at the time of closing. Any such request must be made in writing to the
Corporation. In the event the Corporation loan(s) does not close by the end of
the extension period, the firm loan commitment(s) shall be deemed void and
the funds shall be de-obligated.
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f. Loan Servicing Fees
The following fees are not the fees that will be charged but are listed below for
estimation purposes of completing the Development Cost Pro Forma in the Application. T
The actual fees will be based on the current contract, including any addendum, for
services between the Corporation and the Servicer(s).
(1) Construction Loan Servicing Fees
0
The loan has a Construction Loan Servicing Fee to be paid as indicated. The
following fees are listed for estimation purposes only;the actual fees will be
determined based on the current contract, including any addendum, for services '
between the s Corporation and Servicer(s) effect at the time of loan closing.
p ( ) •in g•
• $181 per hour for an in-house review of a draw request
0
• $181 per hour for on-site inspection fees, up to a maximum of$1,793
per draw
• $181 per hour for extraordinary services
(2) Permanent Loan Servicing Fees
The loan has a Permanent Loan Servicing Fee to be paid annually. The following 0
fee is listed for estimation purposes only; the actual fees will be determined 0
based on the current contract, including any addendum, for services between
the Corporation and Servicer(s) in effect at the time of loan closing.
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• Annual fee of 25 bps of the outstanding loan amount,with a minimum
monthly fee of$216 and a maximum monthly fee of$859, and an hourly fee
of$181 for extraordinary services.
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g. Environmental Fees o
Estimated cost of$8,000
h. Additional Loan Fees
Applicants will be responsible for all fees associated with the Corporation's legal counsel
based on the current contract for services between the Corporation and the legal
counsel. o
i. Construction Inspection Fees m
The following fees are not the fees that will be charged but are listed below for
estimation purposes of completing the Development Cost Pro Forma in the Application.
The actual fees will be based on the current contract, including any addendum, for
services between the Corporation and the Servicer(s).
On-site construction inspection -$181 per hour, not to exceed $1,793 per inspection.
j. Assumption/Renegotiation Fees
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For all loans where the Applicant is requesting a sale and/or transfer and assumption of
the loan,the borrower or purchaser shall submit to the Corporation a non-refundable
assumption fee of one-tenth of one percent of the loan amount. —
For all loans where the Applicant is requesting a renegotiation of the loan,the borrower
shall submit to the Corporation a non-refundable renegotiation fee of one-half of one o
percent of the loan amount.
For all loans where the Applicant is requesting an extension of the loan term, the
borrower shall submit to the Corporation a non-refundable extension fee of one-tenth
of one percent of the loan amount. If the extension is associated with a renegotiation of
the loan, then only the renegotiation fee will be charged.
4. Additional Requirements
By submitting its Application, the Applicant acknowledges and agrees that it will conform to the
following requirements:
a. Eligible Reserve for Replacement Items
The replacement reserve funds required pursuant to Item 4.m. of Exhibit F are not to be 0
used by the Applicant for normal maintenance and repairs, but shall be used for
structural building repairs, major building systems replacements and other items
included on the Eligible Reserve for Replacement Items list, effective October 15, 2010.
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The list is available on the RFA Website.
b. Financial Reporting Form SR-1
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By the date that is 151 Calendar Days after the Applicant's fiscal year end of each year of
the loan term,the Applicant shall provide the Corporation's servicer with a certification
detailing the information needed to determine the annual payment to be made. The
Applicant shall complete and execute the annual reporting form, Financial Reporting
Form SR-1, Rev. 05-14, and shall submit the form to the Corporation's servicer in both
PDF format and electronic form as a Microsoft Excel spreadsheet.
2
The Financial Reporting Form SR-1 is available on the Corporation's Website 0
http://www.floridahousing.org/owners-and-managers/compliance/forms (also 0
accessible by clicking here).
C. Part IIIA, Sections 401 through 408 and 410, of the Fannie Mae Multifamily Selling and
Servicing Guide, in effect as of June 10, 2015 m
The financial statements and information provided for review pursuant to 4.n. of Exhibit
F should be in satisfactory form (inclusive of the substitution of the Multifamily
Underwriting Certificate referenced in Section 407 with a similar certification meeting
the same criteria) and shall be reviewed in accordance with Part IIIA, Sections 401
through 408 and 410, of Fannie Mae's Multifamily Selling and Servicing Guide, in effect 0
as of June 10, 2015, which is available on the RFA Website. 0
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When referring to the Multifamily Selling and Servicing Guide, any references to
"Lender" means the "Corporation-assigned Credit Underwriter" and any references to
"Fannie Mae" means"Florida Housing Finance Corporation."
0
d. Florida Housing Finance Corporation (FHFC) Insurance Guide
The Corporation shall require adequate insurance to be maintained on the
Development as determined by the first mortgage lender, the Corporation, or the
Corporation's servicer, sufficient to meet the standards established in the Florida r�
Housing Finance Corporation (FHFC) Insurance Guide (and as amended from time to 0
time).The most recently published FHFC Insurance Guide is available on the
Corporation's Website http://www.floridahousing.org/owners-and-
managers/compliance/forms (also accessible by clicking here).
5. CDBG-DR Other Federal Requirements cv
(1) Federal Labor Requirements -—Construction work over$2,000 that is financed
in whole or in part with CDBG-DR funds must comply with the Federal Labor
Standards requirements as identified in 40 U.S.C. 3141, etseq.), and 29 CFR part 0
1, 3, 5, 6, and 7. 0
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Federal Labor Standards require that all persons working on the site be paid an
hourly rate not less than the minimum rate specified in the Wage Determination
issued by HUD for each particular property. The owner will be required to m
submit to the Corporation, or its representative servicer, payroll reports and 0
certifications to verify wage payments. Conformance with Labor Standards will 0
be monitored during the construction period in conjunction with the draw
inspections by the consulting engineer/architect engaged by the
underwriter/servicer.
If the Development contains 8 or more units to be redeveloped or constructed
under a single contract, the Corporation will require, prior to the start of
construction, certification by the Applicant that it has been advised by the 0
Corporation of its responsibilities and obligations regarding the federal labor
and wage requirements and that it agrees to comply with the guidelines. m
(2) HUD Environmental Requirements—Applicant will be required to comply with m
the HUD environmental requirements as provided in 24 CFR Part 58.
(3) Debarment and Suspension -Owners and contractors are prohibited from
employing, awarding contracts, or funding any contractors or subcontractors
that have been debarred, suspended, proposed for debarment or placed on
ineligibility status by HUD. In addition, any owners who are debarred,
suspended, proposed for debarment, or ineligible will be prohibited from
participating in the Program. Therefore, a certification must be executed by the T
contractor for compliance with debarment and suspension regulations. During
the credit underwriting process the Applicant will be required to provide the
executed certification form*.
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(4) Lead Based Paint- If the Development was built before 1978, Lead Based Paint
Regulations may apply. See 24 CFR Part 35 for exemptions. During the credit '
underwriting process,the Applicant must certify that it understands the
requirements of the current HUD lead based paint regulations.
0
If the Development was built before 1978, provide a copy of the executed T
Disclosure of Information on Lead Based Paint and Lead Based Paint Hazards
form*, signed by both the buyer and the seller.
(5) Section 3
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Each Applicant shall encourage its contractors to hire qualified low-and
pp g q �
moderate-income residents for any job openings that exist on CDBG-DR-funded
projects in the community.The Applicant shall keep records to document the 0
number of low-and moderate-income people who are hired to work on CDBG-
DR-funded projects.
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(6) Flood 0
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The Applicant shall comply with the mandatory flood insurance purchase
requirements of Section 102 of the Flood Disaster Protection Act of 1973, as m
amended by the National Flood Insurance Reform Act of 1994, 42 USC 4012a, as
applicable. 0
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(7) Historic Preservation
The Applicant shall comply with the Historic Preservation requirements set forth
in the National Historic Preservation Act of 1966, as amended, codified in title
54 of the United States Code, as applicable. In general, this requires
concurrence from the State Historic Preservation Officer for all rehabilitation
and demolition of historic properties that are fifty years old or older or that are 0
included on a Federal, state, or local historic property list.
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Exhibit D—Timeline
0
The Applicant acknowledges and certifies that the following information will be provided by the due
date outlined below, or as otherwise outlined in the invitation to enter credit underwriting. Failure to
provide the required information by the stated deadline may result in the withdrawal of the invitation to 0
enter credit underwriting, unless an extension is approved by the Corporation.
0
1. Within seven Calendar Days of the date of the invitation to enter credit underwriting, the �+
Applicant shall respond to the invitation and submit the non-refundable credit underwriting fee;
2. If requested by the Corporation, within 14 Calendar Days, submit IRS Form 8821 for all Financial 0
0
Beneficiaries and all natural person Principals disclosed on the CDBG-DR Principals of the
Applicant and Developer(s) Disclosure Form (Form Rev. 06-19) in order to receive a
recommendation for funding.
3. Within 21 Calendar Days of the date of the invitation to enter credit underwriting:
a. Provide the completed and executed Florida Housing Finance Corporation Verification
of Environmental Safety Phase I Environmental Site Assessment form*, and, if
applicable, the completed and executed Florida Housing Finance Corporation
Verification of Environmental Safety Phase II Environmental Site Assessment form*.
Note: If a Phase II ESA is required, but has not been completed by the stated deadline,
contact Corporation staff to request an extension for submission of the Phase II ESA 0
form; 0
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b. Provide the identity of the remaining members of the Development Team (i.e.,
inexperienced co-Developer(s), General Contractor, Architect,Attorney, and
Accountant), as outlined below. The team members so identified, and any future
replacement thereof, must be acceptable to the Corporation and the Credit _
Underwriter;
0
(1) Identify any inexperienced co-Developer(s) by providing the name, address,
telephone and facsimile numbers, e-mail address, and the relationship of the
co-Developer to the Applicant.
(2) Identify the General Contractor by providing the completed and executed
Florida Housing Finance Corporation General Contractor or Qualifying Agent of
General Contractor Certification form*. Note:The prior experience chart must
also be provided, as outlined in the form.
(3) Identify the Architect by providing the completed and executed Florida Housing cv
Finance Corporation Architect Certification form*.
0
(4) Identify the Attorney by providing the completed and executed Florida Housing
Finance Corporation Attorney Certification for MMRB, SAIL, HOME, And-Or
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Other Gap Loans form*. 0
(5) Identify the Accountant by providing the completed and executed Florida m
Housing Finance Corporation Certification of Accountant form*. 0
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* The certification forms (Forms Rev. 10-17)which are available on the RFA Website.
Note: The use of any prior version of these forms will not be acceptable to meet this
requirement.
0
C. Provide confirmation that all construction features committed to and proposed by the o
Applicant shall be located on the Development site;
d. Confirmation that, if the proposed Development meets the definition of Scattered Sites,
all Scattered Sites requirements that were not required to be met in the Application will
be met, including that all features and amenities committed to and proposed by the
Applicant that are not unit-specific shall be located on each of the Scattered Sites, or no
more than 1/16 mile from the Scattered Site with the most units, or a combination of 0
both. If the Applicant indicates that the proposed Development does not consist of o
Scattered Sites, but it is determined during credit underwriting that the proposed
Development does meet the definition of Scattered Sites, all of the Scattered Sites
requirements must have been met as of Application Deadline and, if all Scattered Sites
requirements were not in place as of the Application Deadline,the Applicant's funding
award will be rescinded;
e. Provide notification of the percentage of ownership of the Principals of the Applicant.
Upon the Applicant's acceptance of the invitation to enter credit underwriting, the
2
Corporation will return the CDBG-DR Principals of the Application and Developer(s)
Disclosure Form that was part of the Applicant's uploaded Application. The Applicant
will be required to enter the applicable percentages on the form and return the
completed form to the Corporation. T
4. The credit underwriting process must be complete within the timeframe outlined in Exhibit F;
5. By Certificate of Occupancy, the Applicant commits to participate in the statewide housing �—
locator system, as required by the Corporation;
6. Applicants are required to execute a CDBG-DR written agreement within twelve (12) months of
the date of the invitation to enter into credit underwriting.To meet this requirement, all
Applicants that are invited to enter credit underwriting will be expected to complete the credit
underwriting process and receive Board approval of the credit underwriting report prior to that
date;
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7. The Credit Underwriter will provide an itemized list for additional documentation including, but
not limited to, the following:
a. If the Applicant indicated that the proposed Development will be assisted with funding cv
under the RD 538 Program and expects to use such funding as a source of financing, the
Section 538 Selection Letter sent to the Applicant by RD must be provided;
m
b. The Construction Consultant engaged by the Corporation's credit underwriter must o
provide the properly completed and executed Americans with Disabilities Act
Certification forms certifying that the design of the proposed Development and the
completed Development includes the applicable accessibility, adaptability, Visitability
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and universal design features required by the Corporation and proposed by the
Applicant (Forms Rev. 10-14) which are available on the RFA Website;
C. For Developments with a Housing Assistance Payment Contract and/or an Annual o
Contributions Contract with HUD: Submission to the Corporation of the waiting list o
section of the Tenant Selection Plan for review and preliminary approval before sending
to HUD. Such waiting list section shall establish selection preferences or a section for
special admissions specifically for individuals or families that are referred by a
designated Referral Agency serving the county where the Development is located; HUD
approval of the Tenant Selection Plan shall be demonstrated to the Corporation prior to
the completion of the final credit underwriting report;
d. The required information and documentation relative to the General Information Notice
(required by the Uniform Relocation Act), consistency with the Consolidated Plan,
conformance with Federal Labor requirements, as well as Debarment/Suspension and
Lead Based Paint regulations, as outlined in Item 4 of Exhibit C;
e. Confirmation of the proposed Development's eligibility for funding in the event that
construction has commenced.
f. If the Development triggers Federal Labor Requirements, the Corporation will require,
prior to the start of construction, certification by the Applicant that it has been advised
by the Corporation of its responsibilities and obligations regarding the federal labor and
wage requirements and that it agrees to comply with the guidelines;
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g. The Applicant will be required to comply with the HUD environmental requirements as
provided in 24 CFR Part 58;
h. The Applicant will be required to provide a certification that must be executed by the �—
contractor for compliance with debarment and suspension regulations, as outlined in
Item 4 of Exhibit C; and ,
i. The Applicant must certify that it understands the requirements of the current HUD lead
based paint regulations as outlined in Item 4 of Exhibit C.
4. The Credit Underwriter will also verify information submitted by the Applicant, including, but
not limited to the following:
a. The Applicant's 100% Non-Profit status, if applicable;
b. Each Scattered Site meets the requirements of this RFA, if applicable; cv
C. The proposed Development's ability to meet the Enhanced Structural Systems
Construction qualifications, if applicable;
d. The appraisals conducted during credit underwriting may cause a reduction in the
funding amount;
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e. With the exception of Developments financed with HUD Section 811 or United States
Department of Agriculture RD program, Developments must demonstrate HUD approval
for an owner-adopted preference or special admissions preference specifically for m
individuals or families who are referred by a designated Referral Agency serving the
county where the Development is located; 0
f. The proposed Development's first phase or subsequent phase's status;
g. Review of the Total Development Cost and its effect on the Total Development Cost Per
Unit Limitation;
0
If any of these cannot be verified, all funding awarded under this RFA may be reduced or may be 0
rescinded if the award or the Application's eligibility status was based on such information,
and/or the Applicant may be determined to have made a material misrepresentation.
5. The Rate of Growth Ordinance (ROGO) allocation from the Local Government must be
approved. m
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Exhibit E—Additional requirements for the Link Units for Persons with Special Needs
0
The Link to Permanent Housing Strategy(Link) enhances the ability of extremely low-income (ELI)
households with special needs to access and retain affordable rental housing in their communities.The
Corporation requires Developers to provide a specified percentage of a Development's ELI Set-Aside 0
units for special needs households receiving community based supportive services who are referred by a
designated supportive services agency in the community where the Development is located. All Link
units must do the following:
I. Link Set-Aside Requirements
0
With the exception of Developments financed with HUD Section 811, for the entire Compliance 0
Period as specified in both the regulatory agreement and as stated in the RFA, the Development
shall set aside the required percentage of the ELI Set-Aside units as Link Units for Persons with
Special Needs.At least one member of each Link unit's household shall be referred by a Special
Needs Household Referral Agency(Referral Agency) with which the owner executes a Link
Memorandum of Understanding (MOU) approved by the Corporation.
II. Link Memorandum of Understanding(MOU)
The Corporation has established and maintains a list of supportive service agencies or
organizations serving each county, each of which is designated as a Referral Agency. The
Referral Agency list is available on the Corporation's Website at 0
http://apps.floridahousing.org/StandA]one/SpecialNeeds/ContentPage.aspx?PAGE=Link%201niti
ative%20Page (also accessible by clicking here).These agencies are statewide, regional or local
organizations that administer community-based supportive services to the populations served
by Link.
The MOU is a formal agreement between the owner and a Referral Agency that specifies the _
intent of the Link Strategy and describes the roles and responsibilities of each party to the MOU.
0
The MOU form to be executed shall be the version most recently provided on the RFA Website. ,
A. The owner shall execute an MOU with at least one designated Referral Agency serving
the county and intended population where the Development will be located and rent
units to households referred by the Referral Agency with which the MOU is executed.
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B. The deadline for receipt of the fully-executed MOU by the Corporation shall be
established in the invitation to enter into credit underwriting, but shall be within nine
months from the date of the invitation to enter into credit underwriting but no later
than the date the first building is placed in service. If the owner is unable to meet the
deadline, an extension may be requested from the Corporation, and a non-refundable cv
processing fee of$5,000 shall be charged to the owner.
0
C. Prior to execution of the MOU, but not later than 10 Calendar Days before the deadline
by which the fully-executed MOU shall be received by the Corporation,the MOU form 0
stipulated in the applicable RFA shall be completed and reviewed by the owner and 0
Referral Agency, and then submitted by the owner to the Corporation for review and
preliminary approval.
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D. The owner that has a Housing Assistance Payment Contract and/or an Annual
Contributions Contract with HUD shall establish and obtain approval from HUD for an
owner-adopted preference or limited preference specifically for individuals or families m
who are referred by a designated Referral Agency serving the county where the
Development is located. HUD approval shall be demonstrated to the Corporation prior o
to the completion of the final credit underwriting report.
E. Owners that have a Housing Assistance Payment Contract and/or an Annual
Contributions Contract with HUD shall maintain a separate waiting list for referred
applicants and prioritize these individuals for any available Link units. During and after
lease-up, Referral Agency referrals must be moved in first, regardless of chronological
2
order of the general waiting list, until all Link units are occupied with Referral Agency
referrals. o
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F. After review and preliminary approval of the MOU by the Corporation, and no later than
the deadline established in the invitation to enter into credit underwriting, the owner
shall provide one original fully-executed hard copy of the MOU to the Corporation. Once
approved by the Corporation, the owner shall arrange for a copy of the approved MOU
to be maintained on file at the site of the Development's records for compliance
monitoring purposes.
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G. When the owner is noncompliant because no Referral Agency that serves the county
where the Development is located is available to execute an MOU,the noncompliance
shall be held in a correction period status until the earlier of(i) approval by the
Corporation of an MOU executed with a new Referral Agency, or(ii)the passage of 45 T
Calendar Days following placement of a Referral Agency that serves the Development's
county onto the Corporation's Referral Agency list.
H. When a Referral Agency notifies the owner of its intent to terminate an MOU, the �—
owner shall notify the Corporation of the MOU termination by email, at
Link@floridahousing.org,within five Calendar Days of receiving the notification from the
Referral Agency. The owner shall then select another Referral Agency for the
Development's county and obtain approval from the Corporation for the MOU executed
with the new Referral Agency no later than 45 Calendar Days after receipt of notification
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from the prior Referral Agency of its intent to terminate the MOU.
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I. When an owner intends to terminate an MOU, the owner shall repeat the process a
outlined in all of the steps above to obtain approval from the Corporation for a new
MOU executed with another Referral Agency before termination of the prior MOU may
become effective.
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J. The Corporation may require the owner to terminate an MOU with a Referral Agency if `
that partnership is not effective in meeting the intent of the Link Set-Aside
Requirement.The owner shall execute another MOU with a new Referral Agency before
terminating the MOU.The owner shall follow the process outlined in all of the steps o
above to obtain approval from the Corporation.
III. Notification of the Availability of Units for Referral of Intended Link Households
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A. The owner shall meet with the chosen Referral Agency to review the Link roles and
responsibilities of each party, the household income limitation and other eligibility
criteria for tenancy, household move-in expenses and on-going monthly rental m
payments. The meeting shall be held no less than 45 Calendar Days before the
anticipated commencement of any activities related to the leasing of any unit in the o
Development.The owner shall maintain documentation of the meeting with the
Referral Agency and shall provide a copy for review by the Corporation upon its request.
B. Leasing Activity(Lease-up and Pre-leasing): During leasing activities, the owner shall
make all units available for the intended Link households referred by the Referral
Agency, until the Development's Link Set-Aside Requirement has been met. If the
Development has not met its Link Set-Aside Requirement by the passing of 30 Calendar
Days after the last unit is actually available for occupancy, the owner may lease the units
to any eligible household.To the extent that an ELI-unit requirement coincides with a
Link Set-Aside Requirement, for a period not to exceed nine months, a failure to meet
the ELI-unit requirement shall not cause noncompliance during the lease-up or 30
Calendar Day hold period.
C. Once the Development's leasing activity is completed, a vacant unit formerly occupied
by a Link household shall be held open for intended households referred by the Referral
Agency for a period of 30 Calendar Days starting from the date the vacated unit is
suitable for occupancy and ready to lease.The owner shall notify the Referral Agency
that a unit is available on or before the date that the vacated unit becomes suitable for
occupancy and ready to lease, but no more than 30 Calendar Days before the unit is
anticipated to be ready to lease.The vacated unit shall retain the Link classification until T
next occupied, at which time the classification of the new household shall be applied to
the unit.
D. Communication between the owner and the Referral Agency's designated contact
person related to activities in this section shall be conducted via email. Activities that
must be conducted by email are as follows:
1. Requests to develop MOU with Referral Agency;
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2. Draft reviews of MOUs between the parties;
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3. Final version of executed MOU;
4. Current contact information for the contact staff designated by the owner and
Referral Agency and listed in the MOU;
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5. Notifications of unit availability;
6. Number of Calendar Days unit will be held open for referrals;
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7. Information about rental policies and eligibility criteria;
8. Outcome of referrals;
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9. Notifications of issues or concerns that may adversely affect the tenancy of the
household; and
10. Requests for termination of MOU. 0
0
E. The owner shall maintain a Link communication tracking log that documents: (i) the unit
number of each offered unit; (ii)the date each unit was suitable for occupancy; (iii)the
date of the email notice to the Referral Agency that each unit was available for rent to a
Link household, including the dates of required follow up; (iv) date of response from
Referral Agency, (v) Referral Agency response, (vi) outcome of referral, and (vii) number
of days the unit was held open.
2
F. If an owner notifies a Referral Agency that a unit is available and the Referral Agency
does not respond,the owner shall contact the Referral Agency at least three times, at
intervals of no less than seven Calendar Days, during the 30-day period after the initial
notice of unit availability was sent to the Referral Agency.The owner shall document all
notification activity on its Link communication tracking log.
G. The owner shall notify the Referral Agency regarding the outcome of each referral
within one business day after a determination is made regarding the household's
eligibility to occupy the available unit. >
0
H. If a referral does not result in occupancy by the referred household,the 30-day holding 0
period shall continue to allow the Referral Agency the opportunity to refer another
household. The owner shall follow up with the Referral Agency at intervals of no less
than seven Calendar Days during the remainder of the 30-day holding period.The owner
shall document all notification activity on its Link communication tracking log.
IV. Link Compliance Monitoring Documentation
0
A. The owner shall cause the following documentation to be maintained on file for
compliance monitoring purposes. Such documents shall be made available for
inspection by Corporation personnel or its monitoring agents at any reasonable time.
The owner shall provide copies of such documents, either electronic or paper,to the
Corporation within three business days of any request by the Corporation for such
copies.
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1. A copy of all active MOUs approved by the Corporation;
2. A copy of all terminated MOUs. Terminated MOUs shall be retained for seven
years beyond the period of tenancy for any household referred under the cv
particular MOU;
0
3. A copy of any current correction period extensions granted by the Corporation; m
0.
and
0
0
4. Email communication with the Referral Agency demonstrating timely
notification regarding the availability of units for the intended Link household, m
outcome of each referral, and, when an available unit was not rented to a Link 0
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household, the number of days the available unit was held open for intended
Link household.
B. The monthly Program Report submitted to the Corporation by the Development shall 0
C
reflect the number of Link households residing in an ELI Set-Aside unit. 0
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0
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Exhibit F—Credit Underwriting Procedures
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1. General Requirements U
2
a. Applications shall be limited to one submission per subject property. Two or more
0
Applications, submitted in this RFA process,that have the same demographic
commitment and one or more of the same Financial Beneficiaries,will be considered
submissions for the same Development site if any of the following is true: y
(1) Any part of any of the property sites is contiguous with any part of any of the
other property sites, or
2
(2) Any of the property sites are divided by a street or easement, or o
(3) It is readily apparent from the Applications, proximity, chain of title, or other
information available to the Corporation that the properties are part of a
common or related scheme of development.
If two or more Applications are considered to be submissions for the same Development _
site, the Corporation will reject all such Applications, even if the Applicant withdraws
enough Applications so that only one Application would otherwise be eligible. If
discovered after the Board approves the Review Committee's recommendations, any
tentative funding or allocation for the Application and any other Application submitted
by the same Applicant and any Affiliate of the Applicant will be withdrawn." W
b. An Applicant shall be ineligible for funding or allocation in any program administered by
the Corporation for a period of time as determined in (c) below if:
(1) The Board determines that the Applicant or any Principal, Financial Beneficiary,
or Affiliate of the Applicant has made a material misrepresentation or engaged
in fraudulent actions in connection with any Application for a Corporation o
program. For purposes of this subsection, there is a rebuttable presumption ,
that an Applicant has engaged in fraudulent actions if the Applicant or any
Principal, Financial Beneficiary or Affiliate of the Applicant:
(a) Has been convicted of fraud, theft or misappropriation of funds,
m
(b) Has been excluded from federal or Florida procurement programs for
any reason,
(c) Has been convicted of a felony in connection with any Corporation
program, or
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(d) Has offered or given consideration with respect to a local contribution
as set forth in subsection (g) below. 0.
0
(2) Before any such determination can be final or effective, the Corporation must
serve an administrative complaint that affords reasonable notice to the
Applicant of the facts or conduct that warrant the intended action, specifies a
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proposed duration of ineligibility, and advises the Applicant of the opportunity
to request a proceeding pursuant to Sections 120.569 and 120.57, F.S. Upon
service of such complaint, all pending transactions under any program m
administered by the Corporation involving the Applicant, or any Principal, o
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Financial Beneficiary or Affiliate of the Applicant shall be suspended until a final o
order is issued or the administrative complaint is dismissed.
(3) The administrative complaint will include a proposed duration of ineligibility,
which may be either a specific period of time or permanent in nature.With
regard to establishing the duration, the Board shall consider the facts and
circumstances, inclusive of each Applicant's compliance history,the type of
misrepresentation or fraud committed, and the degree of harm to the
Corporation's programs that has been or may be done.
C. The following items as identified by the Applicant in the Application must be maintained
and cannot be changed by the Applicant after the applicable submission, unless
provided otherwise below:
(1) Name of Applicant entity; notwithstanding the foregoing, the name of the
Applicant entity may be changed only by written request of an Applicant to
Corporation staff and approval of the Board after the Applicant has been invited
2
to enter credit underwriting. With regard to said approval, the Board shall
consider the facts and circumstances of each Applicant's request, inclusive of
validity and consistency of Application documentation;
m
(2) Principals of each Developer, including all co-Developers; notwithstanding the
foregoing, the Principals of the Developer(s) may be changed only by written
request of an Applicant to Corporation staff and approval of the Board after the
Applicant has been invited to enter credit underwriting. With regard to said
approval,the Board shall consider the facts and circumstances of each
Applicant's request, inclusive of validity and consistency of Application
documentation;
(3) Applicant applying as a Non-Profit or for-profit organization;
'
(4) Site for the Development; notwithstanding the foregoing, after the Applicant
has been invited to enter credit underwriting and subject to written request of
an Applicant to Corporation staff and approval of the Corporation, the site for
the Development may be increased or decreased. In addition, if the increase of
the site is such that the proposed Development now meets the definition of a
Scattered Site, then the Applicant shall be required to provide such Scattered
Sites information and meet all Scattered Sites requirements as required by `
Corporation staff. With regard to said approval, the Corporation shall consider
the facts and circumstances of each Applicant's request, inclusive of validity and
consistency of Application documentation; 0
(5) Development Category;
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(6) Demographic Commitment;
0
(7) Total number of units; notwithstanding the foregoing, the total number of units
may be increased after the Applicant has been invited to enter credit
underwriting, subject to written request of an Applicant to Corporation staff and o
approval of the Corporation. With regard to said approval, the Corporation shall
consider the facts and circumstances, inclusive of each Applicant's request, in
evaluating whether the changes made are prejudicial to the Development or to
the market to be served by the Development; and
(9) Funding Request Amount, exclusive of adjustments by the Corporation as
outlined in this RFA.
0
d. A Development will be withdrawn from funding and any outstanding commitments for
funds will be rescinded if, at any time, the Board determines that the Applicant's
Development or Development team is no longer the Development or Development
team described in the Application or to the Credit Underwriter, and the changes made
are prejudicial to the Development or to the market to be served by the Development.
e. If an Applicant or Developer or any Principal, Affiliate or Financial Beneficiary of an
Applicant or a Developer has any existing Developments participating in any Corporation >
2
programs that remain in non-compliance with Section 42 of the IRC,Title 67, F.A.C., any 0.
competitive solicitations, or applicable loan documents, and any applicable cure period W
granted for correcting such non-compliance has ended as of the time of submission of
the Application or at the time of issuance of a credit underwriting report, the requested
allocation will, upon a determination by the Board that such non-compliance
substantially increases the likelihood that such Applicant or Developer will not be able
to produce quality affordable housing, be denied and the Applicant or Developer and
the Affiliates of the Applicant or Developer will be prohibited from new participation in �—
any of the Corporation's programs until such time as all of their existing Developments
participating in any Corporation programs are in compliance.
f. The name of the Development provided in the Application may not be changed or '
altered after submission of the Application during the history of the Development with
the Corporation unless the change is requested in writing and approved in writing by the
Corporation.The Corporation shall consider the facts and circumstances of each
Applicant's request and any credit underwriting report, if available, prior to determining a
whether to grant such request.
g. If an Applicant or any Affiliate of an Applicant has offered or given consideration, other
than the consideration to provide affordable housing, with respect to a local
contribution and this is discovered prior to Board approval of the Review Committee's `
recommendations,the Corporation shall reject the Application and any other
Application submitted by the same Applicant and any Affiliate of the Applicant. If
discovered after the Board approves the Review Committee's recommendations, any o
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tentative funding or allocation for the Application and any other Application submitted
by the same Applicant and any Affiliate of the Applicant will be withdrawn. Such
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Applicant and any of such Applicant's Affiliates will be ineligible for funding or allocation
in any program administered by the Corporation in accordance with 2.b. above.
h. Total Development Cost includes the following:
0
(1) The cost of acquiring real property and any buildings thereon, including
payment for options, deposits, or contracts to purchase properties, of which the
total cost cannot exceed the appraised value of the real property as determined
in the credit underwriting process;
(2) The cost of site preparation, demolition, and development;
0
(3) Fees in connection with the planning, execution, and financing of the
Development, such as those of architects, engineers, attorneys, accountants,
Developer fee, and the Corporation;
4 The cost of studies surveys, plans, permits, insurance interest financing, tax m
and assessment costs, and other operating and carrying costs;
(5) The cost of equipping of the Development; h®
(6) The cost of land improvements, such as landscaping and offsite improvements
related to the Development, whether such costs are paid in cash, property, or
services;
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(7) Expenses in connection with initial occupancy of the Development;
(8) Allowances for contingency reserves and reserves for any anticipated operating —
reserves as recommended by the Credit Underwriter and, if applicable, any
rent-restabilization reserves required by a Regulated Mortgage Lender or
government entity related to the potential loss of funding from the o
Development's contracted federal rental assistance program. Any funded rent-
restabilization reserve not utilized for said purpose must be retained for the sole
benefit of the Development; and r�
(9) The cost of such other items, including relocation costs, indemnity and surety
bonds, and premiums on insurance for the Development.
i. In determining the income standards of Eligible Persons for the applicable programs,the
Corporation shall take into account the following factors: ,
cv
(1) Requirements mandated by federal law;
(2) Variations in circumstances in the different areas of the state;
(3) Whether the determination is for rental housing; and 0
(4) The need for family size adjustments to accomplish the purposes set forth in
this RFA.
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j. Financial Beneficiary and Affiliate, as defined in this RFA, do not include third party
lenders, third party management agents or companies, third party service providers,
Housing Credit Syndicators, credit enhancers regulated by a state or federal agency, or m
contractors whose total fees are within the limit described in this RFA. o
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0
k. For computing any period of time allowed by this RFA, the day of the event from which
the designated period of time begins to run shall not be included. The last day of the
period so computed shall be included unless it is a Saturday, Sunday or legal holiday, in
which event the period shall run until the end of the next day which is neither a
Saturday, Sunday or legal holiday.
2
3. CDBG-DR General Program Procedures and Restrictions: 0
0
Selection for CDBG-DR Program participation is contingent upon fund availability at the
conclusion of the appeals process as set forth in Rule 67-60.009, F.A.C.
4. Credit Underwriting Procedures for CDBG-DR Loan: m
Credit underwriting is a de novo review of all information supplied, received or discovered
during or after the RFA scoring and funding preference process, prior to the closing on funding.
The success of an Applicant in being selected for funding is not an indication that the Applicant
will receive a positive recommendation from the Credit Underwriter or that the Development
team's experience, past performance or financial capacity is satisfactory. The credit
underwriting review shall include a comprehensive analysis of the Applicant,the real estate, the
economics of the Development,the ability of the Applicant and the Development team to
proceed,the evidence of need for affordable housing in order to determine that the
Development meets the 2018 State of Florida Action Plan for Disaster Recovery Workforce
Housing program requirements and determine a recommended CDBG-DR forgivable loan
amount, if any. Corporation funding will be based on appraisals of comparable developments, �—
cost benefit analysis, and other documents evidencing justification of costs. As part of the credit
underwriting review, the Credit Underwriter will consider the applicable provisions of the RFA. ,
a. At the completion of all litigation and approval by the Board of all recommended orders
with regard to this RFA process, the Corporation shall offer all Applicants within the
funding range an invitation to enter credit underwriting. The Corporation shall select
the Credit Underwriter for each Development.
b. The invitation to enter credit underwriting constitutes a preliminary commitment.
C. A response to the invitation to enter credit underwriting must be received by the
Corporation and the Credit Underwriter not later than seven Calendar Days after the cv
date of the invitation. For any invitation to enter credit underwriting that is offered to
an Applicant after Board approval of the list of eligible Applications that is sorted from
highest funding preference to lowest, where the Applicant's response is to decline to
enter credit underwriting, the result shall be the removal of the Application from the list o
of eligible Applications for this RFA and any other funding where that list of eligible
Applications will be used.
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d. If the invitation to enter credit underwriting is accepted:
0
(1) All Applicants shall submit the credit underwriting fee to the Credit Underwriter
within seven Calendar Days of the date of the invitation to enter credit
underwriting. In addition, if requested by the Corporation, Applicants shall 0
submit IRS Tax Information Authorization Form 8821 for all Financial
Beneficiaries within 14 Calendar Days of the date of the invitation.
(2) Failure to submit the required credit underwriting fee by the specified deadline
shall result in withdrawal of the invitation.
0
(3) The loan must close within the timeframe set out in 4.y. below. 0
0
e. The Credit Underwriter shall review all information in the Application and subsequently
provided during the credit underwriting process, including information relative to the m
Applicant, Developer and General Contractor, as well as other members of the
Development team. The Credit Underwriter shall also request and review such other m
information as it deems appropriate to determine whether or not to provide a positive
recommendation in connection with a proposed Development.
f. In determining whether or not to provide a positive recommendation in connection with
a proposed Development, the Credit Underwriter will consider the prior and recent
performance history of the Applicant, Developer, any Financial Beneficiary of the 0
Applicant or Developer, and the General Contractor in connection with any other
affordable housing development. The performance history shall consider instances
involving a foreclosure, deed in lieu of foreclosure, financial arrearage, or other event of
material default in connection with any affordable housing development or the
documents governing financing or operation of any such development.
(1) Unless the Credit Underwriter determines that mitigating factors exist, or that
0
underwriting conditions can be imposed, sufficient to mitigate or offset the risk,
the existence of the following shall result in a negative recommendation of the '
proposed Development by the Credit Underwriter:
r.
(a) Considering all affordable housing developments in which any party
named above has been involved, if:
0
(i) During the period prior to August 1, 2010, 5 percent or more of
that party's developments have been the subject of a
foreclosure or deed in lieu of foreclosure, or in financial
arrearage or other material default and such arrearage or cv
material default remained uncured for a period of 60 days or
more, or
m
(ii) During the period beginning on or after August 1, 2010, any of 0
that party's developments have been the subject of a 0
foreclosure or deed in lieu of foreclosure, or in financial
arrearage or other material default and such arrearage or
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material default is uncured at the present or, if cured, remained
uncured for a period of 60 days or more.
(b) Mitigating factors to be considered by the Credit Underwriter, to the
extent such information is reasonably available and verifiable, shall 0
include the extent to which the party funded the operations of the
development from that party's own funds in an attempt to keep the
development afloat,the election by a party to forego financial
participation in a development in an attempt to keep the development
afloat, the party's satisfactory performance history over the last 10
years in connection with that party's affordable housing developments,
and any other extenuating circumstances deemed relevant by the Credit
Underwriter in connection with the party's involvement in a
development.
(2) A negative recommendation may also result from the review of:
(a) An Applicant, Developer, any Financial Beneficiary of the Applicant or
Developer, and the General Contractor in connection with any other
affordable housing development,
0
(b) Financial capacity of an Applicant, Developer, any Financial Beneficiary
of the Applicant or Developer and the General Contractor, or W
(c) Any other relevant matters relating to an Applicant, Developer, any
Financial Beneficiary of the Applicant or Developer, and the General
Contractor if, in the Credit Underwriter's opinion, one or more
members of the Development team do not possess the ability to
proceed. �-
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g. The Credit Underwriter shall report any inconsistencies or discrepancies or changes
made to the Applicant's Application during credit underwriting.
h. The Applicant will be responsible for all fees in connection with the documentation
submitted to the Credit Underwriter.
0
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i. If the Credit Underwriter determines that special expertise is required to review
information submitted to the Credit Underwriter which is beyond the scope of the
Credit Underwriter's expertise,the fee for such services shall be borne by the Applicant.
j. A full or self-contained appraisal as defined by the Uniform Standards of Professional cV
Appraisal Practice and a separate market study shall be ordered by the Credit
Underwriter, at the Applicant's expense,from an appraiser qualified for the geographic
area and development type not later than completion of credit underwriting. The Credit
Underwriter shall review the appraisal to properly evaluate the development property's 0
financial feasibility. With the exception of Land Acquisition Program Funding, 0
appraisals which have been ordered and submitted by a Regulated Mortgage Lender
and which meet the above requirements and are acceptable to the Credit Underwriter
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may be used instead of the appraisal referenced above. The market study must be
completed by a disinterested party who is approved by the Credit Underwriter. The
Credit Underwriter shall consider the market study,the Development's financial impact m
on Developments in the area previously funded by the Corporation, and other
documentation when making its recommendation of whether to approve or disapprove o
a CDBG-DR loan. The Credit Underwriter shall also review the appraisal and other
market documentation to determine if the market exists to support both the
demographic and income restriction set-asides committed to within the Application.
k. The Corporation's assigned Credit Underwriter shall require a guaranteed maximum
price construction contract, which may include change orders for changes in cost or
changes in the scope of work, or both, if all parties agree, and shall order, at the
Applicant's sole expense, and review the Development's costs.
I. In addition to operating expenses, the Credit Underwriter must include an estimate for
replacement reserves and operating expense reserves deemed appropriate by the
Credit Underwriter when calculating the final net operating income available to service
the debt. A minimum amount of$300 per unit per annum must be used for all
Developments.
The initial replacement reserve will have limitations on the ability to be drawn upon.
2
New Construction shall not be allowed to draw during the first five years or until the
establishment of a minimum balance equal to the accumulation of five years of
replacement reserves per unit.
m
M. The Credit Underwriter may request additional information during the underwriting
process, such as the following:
(1) For credit enhancers, audited financial statements for their most recent fiscal �—
year ended, if published; otherwise the previous year's audited statements will
be provided until the current statements are published or credit underwriting is ,
complete. The audited statements may be waived if the credit enhancer is '
rated at least "A-" by Moody's, Standard and Poor's or Fitch.
r.
(2) For the Applicant, general partner(s), and guarantors, audited financial
statements or financial statements compiled or reviewed by a licensed Certified
Public Accountant for the most recent fiscal year ended, credit check, banking
and trade references, and deposit verifications. If financial statements that are
either audited, compiled or reviewed by a licensed Certified Public Accountant
are not available, unaudited financial statements prepared within the last 90
days and reviewed by the Credit Underwriter in accordance with Part IIIA,
Sections 401 through 408 and 410, of Fannie Mae's Multifamily Selling and `
Servicing Guide, in effect as of June 10, 2015, which is available on the RFA
m
Website, and the two most recent years'tax returns. If any of the applicable
entities are newly formed (less than 18 months in existence as of the date that o
credit underwriting information is requested), a copy of any and all tax returns
U
with related supporting notes and schedules. The financial statements and
information provided for review should be in satisfactory form and shall be
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reviewed in accordance with the terms and conditions required in this RFA.
When referring to the Multifamily Selling and Servicing Guide, any references to
"Lender" means the "Corporation-assigned Credit Underwriter" and any m
references to "Fannie Mae" means"Florida Housing Finance Corporation." P
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(3) For the General Contractor, audited financial statements or financial statements
compiled or reviewed by a licensed Certified Public Accountant for the most
recent fiscal year ended, credit check, banking and trade references, and
deposit verifications. The audited or compiled statements may be waived if a
payment and performance bond equal to 100 percent of the total construction
cost whose terms do not adversely affect the Corporation's interest, and is
issued in the name of the General Contractor by a company rated at least"A-"
by AM Best&Co.
n. The general partner(s) (individual and entity) or manager(s)/managing member(s)
(individual and entity), as applicable, of the Applicant shall provide a guarantee for
completion of construction. In addition, one or more entities or individuals (other than a
general partner or manger/managing member) having an ownership interest, either
directly or indirectly, in the Applicant or in the general partner or managing member of
the Applicant shall be required to provide guarantees or personal guarantees, as
applicable, for completion of construction as recommended by the Credit Underwriter
or as otherwise required by the Corporation.The Credit Underwriter shall consider the
following when determining the need for construction completion guarantees:
(1) Liquidity of the guarantor(s). T
(2) Applicant's, Developer and General Contractor's history in successfully
completing Developments of similar nature.
(3) The past performance of the Applicant, Developer, General Contractor or any
other guarantee provider in developing or constructing Development financed ,
by the Corporation or its predecessor.
(4) Percentage of Corporation's funds utilized compared to Total Development
Cost.
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o. For all Developments, the Developer fee and General Contractor's fee shall be limited to
the following:
(1) The Developer fee limit shall be 16 percent of Development Cost, excluding land
and operating deficit reserves. cv
(2) The General Contractor's fee shall be limited to a maximum of 14 percent of the
actual construction cost.
P. The General Contractor must meet the following conditions:
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(1) Employ a Development superintendent and charge the costs of such
employment to the general requirements line item of the General Contractor's
budget;
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(2) Charge the costs of the Development construction trailer, if needed, and other
overhead to the general requirements line item of the General Contractor's
budget;
(3) Secure building permits, issued in the name of the General Contractor;
(4) Secure a payment and performance bond whose terms do not adversely affect
0
the Corporation's interest (or approved alternate security for General
Contractor's performance, such as a letter of credit), issued in the name of the
General Contractor, from a company rated at least"A-" by AM Best& Co.;
(5) Ensure that none of the General Contractor duties to manage and control the
construction of the Development are subcontracted;
(6) Ensure that not more than 20 percent of the construction cost is subcontracted
to any one entity, with the exception of a subcontractor contracted to deliver
the building shell of a building of at least five stories which may not have more
than 31 percent of the construction cost in a subcontract, unless otherwise
approved by the Board for a specific Development. With regard to said 0
approval,the Board shall consider the facts and circumstances of each
Applicant's request, inclusive of construction costs and the General Contractor's
fees; and
(7) Ensure that no construction cost is subcontracted to any entity that has
common ownership or is affiliated with the General Contractor unless otherwise _
approved by the Board for a specific Development. With regard to said
0
approval,the Board shall consider the facts and circumstances of each
Applicant's request, inclusive of construction costs and ownership interests in
the Development.
r.
q. The Credit Underwriter shall require an operating deficit guarantee, to be released upon
achievement of a 1.15x debt service coverage for the combined permanent first
mortgage and CDBG-DR loan, as determined by the Corporation or its agent, and 90
percent occupancy, and 90 percent of the gross potential rental income, net of utility
allowances, if applicable, for a period equal to 12 consecutive months, all as certified by
an independent Certified Public Accountant. The calculation of the debt service
coverage ratio shall be made by the Corporation or its agent. Notwithstanding the
above, the operating deficit guarantee shall not terminate earlier than three years
following the final certificate of occupancy. An operating deficit guarantee,to be
released upon achievement of 1.00 debt service coverage for a minimum of six
consecutive months for the combined permanent first mortgage and CDBG-DR loan will 0
be required for Developments receiving first mortgage funding from the United States
Department of Agriculture Rural Development(RD) if RD is providing rental assistance
and has acknowledged that rents will be set at an amount sufficient to pay all operating
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expenses, replacement reserve requirements and debt service on the CDBG-DR loan and
all superior mortgages.
r. Contingency reserves which total no more than 5 percent of total actual construction
costs (hard costs) and total general development costs (soft costs) for Developments 0
where 50 percent or more of the units are new construction may be included within the
Total Development Cost for Application and underwriting purposes. Contingency
reserves shall not be paid from CDBG-DR funds.
S. The Credit Underwriter will review and determine if the number of loans and
construction commitments of the Applicant and its Principals will impede its ability to
proceed with the successful development of each proposed Corporation-funded 0
Development. 0
t. Applicants must complete the credit underwriting process within 12 months of the
Applicant's acceptance to enter credit underwriting. Unless an extension is approved by
the Corporation in writing,failure to complete the credit underwriting process by the
specified deadline shall result in withdrawal of the preliminary commitment. Applicants
may request one extension of up to six months to secure a firm loan commitment. All
extension requests must be submitted in writing to the program administrator and
contain the specific reasons for requesting the extension and shall detail the time frame
to achieve a firm loan commitment. In determining whether to grant an extension, the
Corporation shall consider the facts and circumstances of the Applicant's request,
inclusive of the responsiveness of the Development team and its ability to deliver the
Development timely. The Corporation shall charge a non-refundable extension fee of T
one percent of the loan amount if the request to extend the credit underwriting and
firm loan commitment process beyond the initial 12 month deadline is approved. If, by
the end of the extension period, the Applicant has not received a firm loan
commitment,then the preliminary commitment shall be withdrawn.
0
U. If the Credit Underwriter requires additional clarifying materials in the course of the
underwriting process,the Credit Underwriter shall request same from the Applicant and
shall specify deadlines for the submission of same. Failure to submit required
information by the specified deadline, unless a written extension of time has been
approved by the Corporation, shall result in withdrawal of the preliminary commitment
or the invitation to enter credit underwriting, or both, as applicable. In determining
whether to grant an extension, the Corporation shall consider the facts and
circumstances of the Applicant's request, inclusive of the responsiveness of the
Development team and its ability to deliver the Department timely. If the Corporation's
decision is to deny the Applicant's request for an extension, then prior to the
withdrawal of the preliminary commitment or the invitation to enter credit
underwriting, or both, as applicable, the Board shall consider the facts and
circumstances of the Applicant's request,the Corporation's denial, and any credit
underwriting report, if available, and make a determination of whether to grant the
requested extension. 0
0
V. The Credit Underwriter shall complete its analysis and submit a written draft report and
recommendation to the Corporation. Upon receipt, the Corporation shall provide to the
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Applicant the section of the written draft report consisting of supporting information
and schedules.The Applicant shall review and provide written comments to the
Corporation and Credit Underwriter within 48 hours of receipt. After the 48 hour m
period, the Corporation shall provide to the Credit Underwriter comments on the draft
report and, as applicable, on the Applicant's comments. Then,the Credit Underwriter 0
shall review and incorporate, if deemed appropriate,the Corporation's and Applicant's
comments and release the revised report to the Corporation and the Applicant. Any
additional comments from the Applicant shall be received by the Corporation and the
Credit Underwriter within 72 hours of receipt of the revised report. Then, the Credit
Underwriter will provide a final report, which will address comments made by the
Applicant, to the Corporation.
W. The Credit Underwriter's loan recommendations will be sent to the Board for approval.
The Corporation shall issue a firm loan commitment within seven Calendar Days after
approval of the Credit Underwriter's recommendation for funding by the Board.
X. This loan and other mortgage loans related to the Development must close within 120
Calendar Days of the date of the firm loan commitment. A request for an extension of
the firm loan commitment(s) may be considered by the Board for an extension term of
up to 90 Calendar Days. All extension requests must be submitted in writing to the
program administrator and contain the specific reasons for requesting an extension and
shall detail the time frame to close the loan. The Board shall consider the facts and 0.
circumstances of each Applicant's request, inclusive of the Applicant's ability to close
within the extension term, and any credit underwriting report, if available, prior to
determining whether to grant the requested extension. The Corporation shall charge an T
extension fee of one percent of the loan amount if the Board approves the request to
extend the commitment beyond the period outlined in this RFA.
Y. Prior to any loan closing:
0
(1) The Applicant must provide evidence of all necessary consents or required
signatures from first mortgagees or subordinate mortgagees to the Corporation
and its counsel, and
r.
(2) The Credit Underwriter must have received all items necessary to release its
letter confirming that all closing contingencies have been met, including the
finalized sources and uses of funds and Draw schedule. a
5. Terms and Conditions of CDBG-DR Loan:
a. For Priority I Applications, the CDBG-DR funding associated with the land acquisition
costs will be awarded to the designated Land Owner and the remaining funding will be
awarded to the Applicant.The designated Land Owner and the Applicant will each enter
into separate CDBG-DR loans with the terms and conditions outlined below. The closing
of the Land Owner loan and Applicant loan will be contemporaneous. 0
0
b. The proceeds of the CDBG-DR loan shall be used for Developments which provide
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affordable, safe and sanitary multifamily rental housing units.
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C. The CDBG-DR loan may be in a first, second, or other subordinated lien position. For
purposes of this RFA, mortgages securing a letter of credit as credit enhancement for
the bonds financing the first mortgage shall be considered a contingent liability and part m
of the first mortgage lien, provided that the Applicant's counsel furnishes an opinion
regarding the contingent nature of such mortgage satisfactory to the Corporation and o
its counsel.
0
d. The CDBG-DR loan shall be non-amortizing and shall have an interest rate of zero
percent per annum. The loan will not require payment for as long as the proposed
Development remains in Compliance. The loan will be forgiven after 20 years.
2
e. The amount of any superior mortgages combined with the CDBG-DR mortgage shall be 0
less than the appraised value of the Development. Any debt service reserve
requirement associated with a superior mortgage shall be excluded from the amount of
the superior mortgage for purposes of this calculation.
By the date that is 151 Calendar Days after the Applicant's fiscal year end of each year of
the CDBG-DR loan term,the Applicant shall provide the Corporation's servicer with
audited financial statements and the fully completed and executed annual reporting
form, Financial Reporting Form SR-1. However,this certification requirement will be
waived until 151 Calendar Days after the Applicant's fiscal year end following the fiscal
year within which the first unit is occupied. The SR-1 form, Rev. 05-14,which is
available on the Corporation's Website http://www.floridahousing.org/
PropertyOwnersAndManagers/Forms (also accessible by clicking here), shall be
submitted to the Corporation's servicer in both PDF format and in electronic form as a T
Microsoft Excel spreadsheet.The audited financial statements are to be prepared in
accordance with accounting principles generally accepted in the United States of
America and audited in accordance with auditing standards generally accepted in the
United States of America for the 12 month fiscal year period just ended and shall
include: o
(1) Comparative Balance Sheet with prior year and current year balances;
(2) Statement of revenue and expenses;
(3) Statement of changes in fund balances or equity;
(4) Statement of cash flows; and
(5) Notes to financial statements.
cv
The financial statements referenced above should also be accompanied by a
certification of the Applicant as to the accuracy of such financial statements. A late fee
of$500 will be assessed by the Corporation for failure to submit the required audited
financial statements and certification by 151 Calendar Days after the Applicant's fiscal o
year end of each year of the CDBG-DR loan term. Failure to submit the required audited
financial statements and certification by 151 Calendar Days after the Applicant's fiscal
year end of each year of the CDBG-DR loan term shall constitute an event of default on
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the CDBG-DR loan. The Applicant shall furnish to the Corporation or its servicer,
unaudited statements, certified by the Applicant's principal financial or accounting
officer, covering such financial matters as the Corporation or its servicer may reasonably m
request, including without limitation, monthly statements with respect to the
Development. 0
f. After acceleration, the Note shall bear interest at the default interest rate from the due
date until paid.
g. The final billing for the purpose of payoff of the CDBG-DR loan shall also include a billing
for compliance fees to cover monitoring of CDBG-DR Program requirements beyond the
maturity date of the Note. Such fees shall be computed by determining the present
value of the annual compliance monitoring fee for the number of years for which the
Development will have a set-aside for persons or households beyond the repayment
date. The present value discount rate shall be 2 percent per annum. Such amount shall
be reduced by the amount of any compliance monitoring fees for other programs
collected by the Corporation for the Development for that period, provided:
(1) The compliance monitoring fee covers some or all of the period following the
anticipated CDBG-DR loan repayment date; and
0
(2) The Development has substantially equivalent set-asides for persons or
households mandated through another Corporation program for which the W
compliance monitoring fee was collected.
m
h. The CDBG-DR loans shall be serviced either directly by the Corporation or by the servicer
on behalf of the Corporation.
i. The Corporation shall monitor compliance of all terms and conditions of the CDBG-DR _
loan and shall require that certain terms and conditions be embodied in the Land Use
0
Restriction Agreement and recorded in the public records of the county wherein the
Development is located. Violation of any material term or condition of the documents '
evidencing or securing the CDBG-DR loan shall constitute a default during the term of
the CDBG-DR loan. The Corporation shall take appropriate legal action to effect
compliance if a violation of any material term or condition relative to the set-asides of
units is discovered during the course of compliance monitoring or by any other means.
0
j. The Corporation shall require adequate insurance to be maintained on the Development
as determined by the first mortgage lender, the Corporation, or the Corporation's
servicer, sufficient to meet the standards established in the Florida Housing Finance
Corporation (FHFC) Insurance Guide (and as amended from time to time).The most
recently published FHFC Insurance Guide is available on the Corporation's Website
http://www.floridahousing.org/owners-and-managers/compliance/forms (also
accessible by clicking here).
0
k. The CDBG-DR loan term shall be for a period of not more than 20 years. The term of the 0
loan may exceed 20 years if the lien of the Corporation's encumbrance is subordinate to
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the lien of another mortgagee, in which case the term may be made coterminous with
the longest term of the superior loan.
I. After accepting a preliminary commitment, the Applicant or Land Owner shall not
refinance, increase the principal amount, or alter any terms or conditions of any o
mortgage superior or inferior to the CDBG-DR mortgage without prior approval of the
Corporation's Board of Directors. However, an Applicant or Land Owner may reduce the
interest rate on any superior or inferior mortgage loan without the Board's permission,
provided that no other terms of the loan are changed. The Corporation must be notified
in writing of any such change.
2
Following construction completion, the Board shall deny requests to increase the 0
amount of any superior mortgage, unless the criteria outlined below are met,the
original combined loan to value ratio for the superior mortgage and the CDBG-DR
mortgage is maintained or improved, and a proportionate amount of the increase in the
superior mortgage is used to reduce the outstanding CDBG-DR loan balance. To
calculate the proportionate amount of the increase in the superior mortgage which
must be paid toward the reduction of the CDBG-DR loan balance, the following
calculation shall be used: divide the amount of the original CDBG-DR mortgage by the
combined amount of the original CDBG-DR mortgage and the original superior
mortgage; then multiply the quotient by the amount of the increase in the superior
mortgage from the current balance. For example, if the amount of the original CDBG-DR
mortgage is$2,000,000,the original superior mortgage is$4,400,000, with a current
balance of$3,000,000, a proposed new superior mortgage of$5,000,000, then the
amount of the increase in the superior mortgage would be$2,000,000, and the T
proportionate amount of the increase in the superior mortgage which must be paid
toward the reduction of the CDBG-DR loan balance would be$625,000.This$625,000
would be applied first to accrued interest and then to principal.
M. All CDBG-DR loans shall be in conformance with applicable federal and state statutes,
including the Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended)
including the Affirmative Fair Marketing Plan,Titles II and III of the Americans with
Disabilities Act of 1990 as implemented by 28 CFR Part 35, Section 504 of the
Rehabilitation Act of 1973, as implemented by 24 CFR Part 8 ("Section 504 and its '
related regulations"), and The Violence Against Women Reauthorization Act of 2013.
These provisions are available on the RFA Website.To the extent that a CDBG-DR T
Development is not otherwise subject to Section 504 and its related regulations,the
CDBG-DR Development shall nevertheless comply with Section 504 and its related
regulations as requirements of the CDBG-DR Program to the same extent as if the CDBG- ,
DR Development were subject to Section 504 and its related regulations in all respects.
cv
To that end, for purposes of the CDBG-DR Program, CDBG-DR funding shall be deemed
"Federal financial assistance" within the meaning of that term as used in Section 504
and its related regulations for all CDBG-DR Developments.
n. Affordable rents for CDBG-DR are determined in a manner consistent with Section o
42(g)(2) of the IRC using CDBG income limits published by HUD. The gross monthly rent
shall not exceed 30 percent of the imputed income imitation applicable to such unit as
committed to by the Applicant in its Application. The 2019 Florida Housing CDBG-DR
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Income and Rent Limits can be accessed on the Corporation's website
https://www.floridahousing.org/owners-and-managers/compliance/rent-limits (also
accessible by clicking here).
2
o. The documents creating, evidencing or securing each CDBG-DR loan must provide that 0
any violation of the terms and conditions described in this RFA constitutes a default
under the CDBG-DR loan documents allowing the Corporation to accelerate its loan and
to seek foreclosure as well as any other remedies legally available to it.
P. A failure to pay any principal or interest due under the terms of this section shall
constitute a default on the CDBG-DR loan.
2
q. Failure of the Applicant to provide the Corporation and its servicer with the Form SR-1 0
shall constitute a default on the CDBG-DR loan.
m
r. The Compliance Period for a CDBG-DR Development shall be, at a minimum, the HUD
affordability period requires units to be set aside for 20 years. Priority I or II m
Applications must remain affordable into Perpetuity. The Corporation is adding 30 years
of an extended affordability period to the HUD affordability period for Priority III
Applications, for a total affordability period of 50 years for Priority III Application. The
0
set-aside requirements apply to the total number of residential units in the >
Development beginning on the later of the first day on which any residential unit in the 0.
0.
Development is occupied or the CDBG-DR loan closing date. For a period of 12 months W
beginning on the CDBG-DR loan closing date (the "transition period"),the failure to 0
satisfy the set-aside requirements shall not cause noncompliance.
S. Unless and until a guarantor's obligations for an Applicant's CDBG-DR loan are
terminated as approved in writing by the Corporation or its servicer, each guarantor
shall furnish to the Corporation or its servicer financial statements as provided in
paragraphs (1)through (3) below as the Corporation or its servicer may reasonably
request.
(1) The audited financial statements are to be prepared in accordance with
accounting principles generally accepted in the United States of America and
audited in accordance with auditing standards generally accepted in the United
States of America for the 12 month fiscal year period just ended and shall
include:
(a) Comparative Balance Sheet with prior year and current year balances;
(b) Statement of revenue and expenses; cv
(c) Statement of changes in fund balances or equity;
m
(d) Statement of cash flows; and
0
(e) Notes to financial statements.
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The financial statements referenced above should also be accompanied by a
certification of the guarantor(s) as to the accuracy of such financial statements; or
(2) If an audited financial statement has not been prepared, a federal income tax
return filed for the most recently completed year; or o
(3) For individual guarantors, if an audited financial statement is not available a
financial statement certified as true and complete without qualification by such
guarantor and a copy of the most recently filed individual federal income tax
return.
2
6. Sale,Transfer or Refinancing of a CDBG-DR Development: 0
0
a. Any sale, conveyance, assignment, or other transfer of interest or the grant of a security
interest in all or any part of the title to the Development or land other than a superior m
mortgage shall be subject to the Corporation's prior written approval. The Board shall
consider the facts and circumstances of each Applicant's request and any credit m
underwriting report, if available, prior to determining whether to grant such request.
b. The CDBG-DR loan shall be assumable upon sale or transfer of the Development or land
if the following conditions are met:
2
(1) The proposed transferee meets all specific Applicant or Land Owner identity
criteria which were required as conditions of the original loan;
m
(2) The proposed transferee agrees to maintain all set-asides and other
requirements of the CDBG-DR loan for the period originally specified or longer;
and —
(3) The proposed transferee and release of transferor receives a favorable
recommendation from the Credit Underwriter and approval by the Board of o
Directors of the Corporation.
All assumption requests must be submitted in writing to the Director of Special Assets
and contain the specific details of the transfer and assumption. In addition to any
related professional fees, the Corporation shall charge a non-refundable assumption fee
as outlined in the most current competitive solicitation.
C. If the CDBG-DR loan is not assumed since the buyer does not meet the criteria for
assumption of the CDBG-DR loan,the CDBG-DR loan (principal and any outstanding
interest) shall be repaid from the proceeds of the sale in the following order of priority:
(1) First mortgage debt service, first mortgage fees;
m
(2) CDBG-DR compliance and loan servicing fees;
0
(3) An amount equal to the present value of the compliance monitoring fee for the
periods for which the Development will have a set-aside for persons or
households beyond the repayment date. The present value discount rate shall
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be 2 percent per annum. Such amount shall be reduced by the amount of any
compliance monitoring fees collected by the Corporation for the Development
for that period, provided:
0
(a) The compliance monitoring fee covers some or all of the period
following the anticipated CDBG-DR repayment date; and
0
(b) The Development has substantially equivalent set-asides for persons or
households mandated through another program of the Corporation for
which the compliance monitoring fee was collected.
2
(4) Unforgiven principal balance of the CDBG-DR loan; 0
0
(5) Expenses of the sale;
(6) If there will be insufficient funds available from the proposed sale of the
Development or land to satisfy paragraphs c.(1)—(6) above, the CDBG-DR loan m
shall not be satisfied until the Corporation has received:
(a) An appraisal prepared by an appraiser selected by the Corporation or e®
the Credit Underwriter indicating that the purchase price for the
Development or land is reasonable and consistent with existing market
conditions;
(b) A certification from the Applicant or Land Owner that the purchase
m
price reported is the actual price paid for the Development or land, as
supported by a copy of the final executed purchase and sale agreement,
and that no other consideration passed between the parties, as
supported by a draft and final closing statement, and that the
Development Cash Flow reported to the Corporation during the term of
the CDBG-DR loan was true and accurate;
(c) A certification from the Applicant that there are no Development funds
available to repay the CDBG-DR loan, including any interest due, and the r�
Applicant knows of no source from which funds could or would be
forthcoming to pay the CDBG-DR loan; and
(d) A certification from the Applicant or Land Owner detailing the
information needed to determine the final billing for CDBG-DR loan
interest. Such certification shall require submission of financial
statements and other documents that may be required by the cv
Corporation and its servicer.
d. The Corporation may renegotiate and extend the loan in order to extend or retain the
availability of housing for the target population. Such renegotiations shall be based
0
upon:
(1) Performance of the Applicant during the CDBG-DR loan term; m
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(2) Availability of similar housing stock for the target population in the area;
0
(3) Documentation and certification by the Applicant that funds are not available to
repay the Note upon maturity;
0
(4) A plan for the repayment of the loan at the new maturity date;
0
(5) Assurance that the security interest of the Corporation will not be jeopardized
by the new term(s); and
(6) Industry standard terms which may include amortizing loans requiring regularly
scheduled payments of principal and interest.
0
All loan renegotiation requests, including requests for extension, must be submitted in
writing to the Director of Special Assets and contain the specific details of the m
renegotiation. In addition to any related professional fees,the Corporation shall charge
a non-refundable renegotiation fee as outlined in this RFA. m
e. The Corporation will recommend that the Board approve requests for mortgage loan
refinancing only if Development Cash Flow is improved,the Development's economic h®
viability is maintained, the security interest of the Corporation is not adversely affected,
and the Credit Underwriter provides a positive recommendation.
f. The Corporation will recommend that the Board deny requests for mortgage loan
refinancing which require extension of the CDBG-DR loan term or otherwise adversely
m
affect the security interest of the Corporation, unless the criteria outlined in Item e.
above, are met,the Credit Underwriter recommends that the approval of such a request
is crucial to the economic survival of the Development, or unless the Board determines
that public policy will be better served by the extension as a result of the Applicant
agreeing to further extend the Compliance Period or provide additional amenities or
resident programs suitable for the resident population. Further, the Board shall limit
any approved extension to a minimum term which makes the Development feasible and
which does not exceed an industry standard term.
r.
The Corporation will recommend that the Board deny requests to increase the amount
of any superior mortgage, unless the criteria outlined in Item e. above are met,the
original combined loan to value ratio for the superior mortgage and the CDBG-DR
mortgage is maintained or improved, and a proportionate amount of the increase in the
superior mortgage is used to reduce the outstanding CDBG-DR loan balance.
7. CDBG-DR Construction Disbursements and Permanent Loan Servicing: cv
a. CDBG-DR loan proceeds shall be disbursed during the construction phase in an amount
per Draw which does not exceed the ratio of the CDBG-DR loan to the Total
Development Cost, unless approved by the Corporation and the Credit Underwriter.
0
U
b. Ten (10) business days prior to each Draw,the Applicant shall supply the Corporation's
servicer, as agent for the Corporation,with a written request executed by the Applicant m
for a Draw. The request shall set forth the amount to be paid and shall be accompanied
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by documentation specified by the Corporation's servicer including claims for labor and
materials to date of the last inspection.
C. The Corporation and its servicer shall review the request for a Draw, and the servicer
shall provide the Corporation with approval of the request or an alternative o
recommendation, after the title insurer provides an endorsement to the policy of title
insurance updating the policy to the date of the current Draw and increasing the
insurance coverage to an amount equal to the sum of all prior Draws and the current
Draw.
d. The Corporation shall disburse construction Draws through Automated Clearing House
(ACH). The Applicant may request disbursement of construction Draws via a wire 0
transfer. The Applicant will be charged a fee of$10 for each wire transfer requested. o
This charge will be netted against the Draw amount.
e. The Corporation shall elect to withhold any Draw or portion of any Draw,
notwithstanding any documentation submitted by the Applicant in connection with the
request for a Draw, if
(1) The Corporation or the Corporation's servicer determines at any time that the
actual cost budget or progress of construction differs from that as shown on the >
2
loan documents; or
(2) The percentage of progress of construction of the improvements differs from
that shown on the request for a Draw.
f. The servicer may request submission of revised construction budgets.
g. Based on the Applicant's progress of construction, if the Corporation determines that
further analysis by the Credit Underwriter is required prior to the release of the final
Draw, the Applicant shall pay to the Credit Underwriter a fee based on an hourly rate
determined pursuant to the contract between the Corporation and the Credit
Underwriter.
r.
h. Retainage in the amount of 10 percent per Draw shall be held by the servicer during
construction until the Development is 50 percent complete. At 50 percent completion,
no additional retainage shall be held from the remaining Draws. Release of funds held
by the Corporation's servicer as retainage shall occur pursuant to the CDBG-DR loan
agreement.
8. General Program Procedures and Restrictions. cv
a. The minimum Compliance Period for newly-constructed rental housing is 20 years from
Project Completion.The set-aside requirements apply beginning on the later of the first
day on which any residential unit in the Development is occupied or the loan closing
date.The Compliance Period will be extended until the later of such longer term agreed
to by the Applicant in its Application.
b. The minimum Compliance Period for newly-constructed rental housing is 20 years from
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Project Completion.The set-aside requirements apply beginning on the later of the first
day on which any residential unit in the Development is occupied or the loan closing
date.The Compliance Period will be extended until the later of such longer term agreed m
to by the Applicant in its Application or the loan is repaid. 0
r_
0
C. The Development will remain affordable, pursuant to commitments documented within
the executed Land Use Restriction Agreement without regard to the term of the
mortgage or to transfer of ownership.
d. The Development must comply with all applicable provisions of the competitive
solicitation process.
2
e. A Development that is under construction may be eligible to apply for CDBG-DR funds
only if Development is able to provide evidence of compliance with federal labor
standards for any work already completed, and the Development is able to provide
evidence of compliance with HUD environmental requirements as well as all other
federal regulations.The federal requirements may require completion of activities prior
to submission of an Application for funding.
f. Any single contract for the development of affordable housing must contain a provision
requiring that not less than the wages prevailing in the locality, as predetermined by the >
0
United States Secretary of Labor pursuant to the Davis-Bacon Act, 40 U.S.C. 3141, et seq 0.
and 29 CFR part 1, 3, 5, 6, and 7 will be paid to all laborers and mechanics employed for W
the construction of the Development, and such contracts must also be subject to the
overtime provisions of the Contract Work Hours and Safety Standards Act, 40 U.S.C.
§§3701—3706 and 3708 (2002),the Copeland Act(Anti-Kickback Act), 18 U.S.C. 874,
and the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §201 et seq.).
g. All Developments must conform to the following federal requirements: �-
0
(1) Title VI of the Civil Rights Act of 1964— Prohibits discrimination by government
agencies that receive Federal funding;
(2) Title VII of the Civil Rights Act of 1964— prohibits employment discrimination on
the basis of race, color, religion, sex, or national origin;
0
m
(3) Title VIII of the Civil Rights Act of 1968—as amended (the Fair Housing Act of
1988);
(4) 24 C.F.R. §570.490— Recordkeeping Requirements;
cv
(5) 24 C.F.R. §570.606(b)— Relocation assistance for displaced persons at URA
levels; a,
m
(6) Age Discrimination Act of 1975;
0
0
(7) Executive Order 12892—Leadership and Coordination of Fair Housing in Federal
Programs: Affirmatively Furthering Fair Housing; m
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Complete RFA as modified on 7-19-19
(8) Section 109 of the Housing and Community Development Act of 1974—No
person shall be excluded from participation in, denied benefits of, or subjected
to discrimination under any program or activity receiving CDBG-DR funds m
0
because of race, color, religion, sex or national origin;
0
(9) Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R. part 8,which
prohibits discrimination against people with disabilities;
(10) Executive Order 11063—Equal Opportunity in Housing;
(11) Executive Order 11246—Equal Employment Opportunity;
0
(12) Section 3 of the Housing and Urban Development Act of 1968, as amended—
Employment/Training of Lower Income Residents and Local Business
Contracting. m
(13) Environmental Review as enumerated in 24 CFR Part 58 and National m
Environmental Policy Act of 1969.
(14) Other than those requirements waived via Federal Register Notice, including in e®
FIR 6066-N-01 and 6109-N-01,the Subrecipient shall comply with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended (URA),42 USC 4601—4655, 49 CFR part 24, 24 CFR part 42, and 24
CFR 570.606. '✓
m
(15) Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846),the
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-
4856), and implementing regulations at part 35, subparts A, B,J, K, and R of this
title.
(16) Provisions in 24 CFR 570.489(h).as enumerated in 24 CFR §92.356, 2 CFR o
§200.317 and 2 CFR §200.318), Debarment and Suspension as enumerated in 24
CFR Part 24.(h), Handicapped Accessibility as enumerated in Section 504 of the
Rehabilitation Act of 1973 (implemented in 24 CFR Part 8) and 24 CFR §100.205. r�
(17) Americans with Disabilities Act as enumerated in 42 U.S.C. §12131; and 47
U.S.C. §§155, 201, 218 and 225.
(18) Economic Opportunity for Low-and Very Low-Income Persons as implemented
in 24 CFR Part 135.
cv
(19) Minority/Women Employment as enumerated in 2 CFR §200.321 and Executive
Orders 11625, 12432, and 12138.
m
9. Eligible Applicants
0
Unless otherwise permitted in a competitive solicitation process, an Applicant is not eligible to
apply for funding if any of the following pertain to the proposed Development:
Page 107 of 115
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Complete RFA as modified on 7-19-19
a. The proposed Development has received an allocation of Housing Credits or a
Competitive Housing Credit commitment, unless written notice has been provided to
the Corporation prior to the deadline to apply for the applicable funding withdrawing m
acceptance of such allocation or commitment and returning the previously awarded HC 0
r-
funding; 0
b. A preliminary commitment of funding for the proposed Development through the
CDBG-DR Program has already been accepted, unless written notice has been provided
to the Corporation prior to the deadline to apply for the new funding withdrawing such
acceptance and returning the prior CDBG-DR Program funding.
0
C. The proposed Development site or any part thereof is subject to any Land Use 0
Restriction Agreement or Extended Use Agreement, or both, in conjunction with any
Corporation affordable housing financing intended to foster the development or
maintenance of affordable housing, unless at least one of the following applies:
(1) A LURA recorded in conjunction with the Predevelopment Loan Program or the
Elderly Housing Community Loan Program, or
(2) A LURA or EUA, or both, for an existing building or buildings, originally
constructed at least 25 years prior to the deadline to apply for the applicable >
0
SAIL funding, where, in the current Application, the Applicant has selected and 0.
qualified for the Homeless demographic commitment with a Development W
category of Rehabilitation/Moderate Rehabilitation/Substantial Rehabilitation,
Acquisition and Rehabilitation/Moderate Rehabilitation/Substantial
Rehabilitation, Preservation, or Acquisition and Preservation.
10. Eligible and Ineligible Development Costs.
a. Funds may be used to pay for the following eligible costs:
0
(1) Development hard costs as they directly relate to the units only for:
(a) New construction, the costs necessary to meet all applicable local and r�
state codes, ordinances, and zoning requirements. Projects must meet 0
state or local residential and building codes, as applicable or, in the
absence of a state or local building code, the International Residential
Code or International Building Code (as applicable to the type of
housing) of the International Code Council,
(b) Costs to demolish existing structures, improvements to the cv
Development site and utility connections;
0
(2) The cost of acquiring improved or unimproved real property. A Development
and loan that involves acquisition must include new construction in order to be
an eligible Development.
(3) Soft costs as they relate to the units.The costs must be reasonable, as m
determined by the Corporation and the Credit Underwriter, and associated with 0
Page 108 of 115
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Complete RFA as modified on 7-19-19
the financing, development, or both.These costs may include:
0
(a) Architectural, engineering or related professional services required to
prepare plans, drawings, specifications or work write-ups,
0
(b) Costs to process and settle the financing for a Development, such as
credit reports, fees for evidence of title, recordation, building permits,
attorney fees, cost certifications, and estimates,
(c) Developer's and General Contractor's fees as described in this RFA;
(d) Impact fees, 0 2
0
(e) Costs of Development audits required by the Corporation,
(f) Affirmative marketing and fair housing costs,
(g) Temporary relocation costs as required under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as _
amended (URA),42 USC 4601—4655, 49 CFR part 24, 24 CFR part 42,
and 24 CFR 570.606 as applicable .
0
b. Funds shall not be used to pay for the following ineligible costs:
(1) Development reserve accounts for replacements, unanticipated increases in
operating costs, or operating subsidies, except as described in 24 CFR
§92.206(d)(5);
(2) Public housing;
(3) Administrative costs, or o
(4) Any other expenses not allowed under CDBG-DR regulations.
C. The accumulation of all Development financing, including the CDBG-DR loan and all
existing debt within a Development, may not exceed the Total Development Cost, as
determined and certified by the Credit Underwriter.
d. Before disbursing any funds, there must be a written agreement with the Applicant
ensuring compliance with the requirements of the Program pursuant to this RFA.
e. A representative of the Applicant and the managing company of the Development must
attend a Corporation-sponsored training session on income certification and compliance `
procedures.
m
f. The General Contractor and all available subcontractors shall attend a Corporation- o
sponsored preconstruction conference regarding federal labor standards provisions.
g. The Corporation shall require adequate insurance to be maintained on the Development
Page 109 of 115
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Complete RFA as modified on 7-19-19
as determined by the first mortgage lender, the Corporation, or the Corporation's
servicer, sufficient to meet the standards established in the Florida Housing Finance
Corporation (FHFC) Insurance Guide (and as amended from time to time).The most m
recently published FHFC Insurance Guide is available on the Corporation's Website
http://www.floridahousing.org/owners-and-managers/compliance/forms (also 0
accessible by clicking here).
0
h. All loans must provide that any violation of the terms and conditions described in this
RFA loan documents allowing the Corporation to accelerate its loan and seek
foreclosure as well as any other remedies legally available to it.
0
2
i. If a default on a loan occurs, the Corporation will commence legal action to protect the 0
interest of the Corporation.The Corporation shall acquire real and personal property or
any interest in the Development if that acquisition is necessary to protect any loan; sell,
m
transfer, and convey any such property to a buyer without regard to the provisions of
chapters 253 and 270, F.S.; and, if that sale, transfer, or conveyance cannot be
m
consummated within a reasonable time, lease the Development for occupancy by
Eligible Persons.
j. The Corporation or its servicer shall monitor the compliance of each Development with
0
all terms and conditions of the loan and shall require that such terms and conditions be
2
recorded in the public records of the county where the Development is located.
Violation of any term or condition shall constitute a default during the term of the loan.
k. The Applicant shall not refinance, increase the principal amount, or alter any terms or
conditions of any mortgage superior or inferior to the mortgage without prior approval 0
of the Corporation's Board of Directors. However, an Applicant may reduce the interest
rate on any superior or inferior mortgage loan without the Board's permission, provided
that no other terms of the loan are changed.The Corporation must be notified of any such change.
r.
0
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0
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0
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0
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Complete RFA as modified on 7-19-19
Revised Land Owner Certification and Acknowledgement Form
0
1. Development Name: U
0
r_
0
2. The legal description or the address of the land that is the subject of the proposed Development
12
"the Land" including all scattered sites, if applicable. If additional space is needed, provide y
attachments to this form:
0
0
3. The following type of entity holds or will hold 100 percent ownership in the Land identified in 2.
above, and therefore can be considered the "Land Owner"for purposes of this Application:
❑ 0
A Local Government
❑ A Public Housing Authority
❑ Land Authority m
❑ Community Land Trust
4. If this Application for the proposed Development described above is selected for funding, the
Land Owner identified in 3. above will hold the Land identified in 2. above and maintain the
0
affordability requirements of the Land identified in 2. above in Perpetuity. For purposes of this
RFA, Perpetuity means 99 years or more.
5. If this Application for the proposed Development described above includes a request for Land
Acquisition Funding, the Site Control documentation must include an appraisal demonstrating
that the appraised value of the land meets or exceeds the purchase price. The purchase price
must be based on the post-disaster value of the land, consistent with applicable cost principals.
The pre-disaster value may not be used.The Corporation will seek a re-appraisal by an
independent third party during credit underwriting. If the appraisal demonstrates that the
purchase price exceeds the fair market value, the only land costs that can be included in the
Total Development Cost or awarded through Land Acquisition Program Funding will be the
appraised value, which will be confirmed in credit underwriting. The appraisals conducted
during credit underwriting may cause a reduction in the funding amount.
m
6. The Land Owner's Perpetuity commitments will be included in (i) a Land Use Restriction 0
Agreement(s) and (ii) an Extended Use Agreement, if applicable, and must be maintained in 0
order for the Development to remain in compliance, unless the Board approves a change.
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7. In eliciting information from third parties required by and/or included in this Application,the
Land Owner has provided such parties information that accurately describes the Development
as proposed in this Application.The Land Owner has reviewed the third party information m
included in this Application and/or provided during the credit underwriting process and the
information provided by any such party is based upon, and accurate with respect to, the 0
Development as proposed in this Application.
8. Funding under this RFA is provided by the U.S. Department of Housing and Urban Development
(HUD)through the Florida Department of Economic Opportunity's (DEO) Community
Development Block Grant Disaster Recovery (CDBGDR) Program. Florida Housing Finance
Corporation (The Corporation) is not responsible, and Land Owners shall hold the Corporation
harmless from liability and claim for damages or expenses, in the event that HUD or DEO
retracts, suspends, or interrupts such funding.
9. The Land Owner acknowledges that any funding preliminarily secured by the Land Owner is
expressly conditioned upon any independent review, analysis and verification of all information
contained in this Application that may be conducted by the Corporation, the successful
completion of credit underwriting, and all necessary approvals by the Board of Directors,
Corporation or other legal counsel,the Credit Underwriter, and Corporation staff.
10. The Land Owner understands and agrees to cooperate with any audits conducted in accordance
with the provisions set forth in Section 20.055(5), F.S.
11. The undersigned is authorized to bind the Land Owner entity to this certification and warranty
of truthfulness and completeness of the Application.
Under the penalties of perjury, I declare and certify that I have read the foregoing and that the
information is true, correct and complete.
0
Signature of Authorized Land Owner Representative Name (typed or printed)
Title (typed or printed)
NOTE: Provide this form as Attachment 1 to the RFA.
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0
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0
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0
0
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Complete RFA as modified on 7-19-19
Applicant Certification and Acknowledgement Form
0
1. The Applicant and all Financial Beneficiaries have read all applicable Corporation rules governing
this RFA and have read the instructions for completing this RFA and will abide by the applicable
Florida Statutes and the credit underwriting and program provisions outlined in Exhibit F. The 0
Applicant and all Financial Beneficiaries have read, understand and will comply with all related
federal regulations.
2. The Applicant has reviewed this RFA and certifies to its eligibility to apply for the funding
offered.
0
3. The Applicant certifies that the proposed Development can be completed and operating within 0
the Development schedule and budget submitted to the Corporation.
4. The Applicant acknowledges and certifies that it will abide by all commitments, requirements, m
and due dates outlined in the RFA, inclusive of all exhibits. Failure to provide the required
information by any stated deadlines may result in the withdrawal of the invitation to enter m
credit underwriting, unless an extension is approved by the Corporation.
5. By submitting the Application, the Applicant acknowledges and certifies that the proposed
Development will meet all state building codes, including the 2012 Florida Accessibility Code for
Building Construction, adopted pursuant to Section 553.503, F.S., the Architectural Barriers Act
of 1968; the Fair Housing Act as implemented by 24 CFR Part 100, including the Affirmative Fair 0
Housing Marketing Plan; Violence Against Women Act Reauthorization Act of 2013; Section 504
of the Rehabilitation Act of 1973 as outlined in Section Four, A.8. of the RFA; and the Americans
with Disabilities Act of 1990 as implemented by 28 CFR Part 35, incorporating the most recent
amendments, regulations and rules.
6. The Applicant acknowledges that any funding preliminarily secured by the Applicant is expressly _
conditioned upon any independent review, analysis and verification of all information contained
0
in this Application that may be conducted by the Corporation, the successful completion of
credit underwriting, and all necessary approvals by the Board of Directors, Corporation or other '
legal counsel, the Credit Underwriter, and Corporation staff.
r.
7. If preliminary funding is approved, the Applicant will promptly furnish such other supporting
information, documents, and fees as may be requested or required. The Applicant understands
and agrees that the Corporation is not responsible for actions taken by the undersigned in
reliance on a preliminary commitment by the Corporation. The Applicant commits that no
qualified residents will be refused occupancy because they have Section 8 vouchers or
certificates. The Applicant further commits to actively seek tenants from public housing waiting
lists and tenants who are participating in and/or have successfully completed the training
provided by welfare to work or self-sufficiency type programs.
0
8. The success of an Applicant in being selected for funding is not an indication that the Applicant
will receive a positive recommendation from the Credit Underwriter or that the Development 0
team's experience, past performance or financial capacity is satisfactory. The past performance 0
record,financial capacity, and any and all other matters relating to the Development Team
m
(which consists of Developer, management company, General Contractor, architect, attorney,
0
Page 113 of 115
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Complete RFA as modified on 7-19-19
and accountant)will be reviewed during credit underwriting. The Credit Underwriter may
require additional information from any member of the Development team including, without
limitation, documentation on other past projects and financials. Development teams with an m
unsatisfactory past performance record, inadequate financial capacity or any other
unsatisfactory matters relating to their suitability may result in a negative recommendation o
from the Credit Underwriter.
0
9. The Applicant's commitments will be included in (i) a Land Use Restriction Agreement(s) and (ii)
an Extended Use Agreement, if applicable, and must be maintained in order for the
Development to remain in compliance, unless the Board approves a change.
2
10. The Applicant understands and agrees that it will ensure that(i) none of the General Contractor 0
duties to manage and control the construction of the Development are subcontracted; (ii) none
of the construction or inspection work that is normally performed by subcontractors is
performed by the General Contractor; (iii) no construction cost is subcontracted to any entity
that has common ownership or is an Affiliate of the General Contractor or the Developer, as
further described in Exhibit F.
11. The Applicant, the Developer and all Principals are in good standing among all other state
agencies and have not been prohibited from applying for funding.
2
12. In eliciting information from third parties required by and/or included in this Application,the
Applicant has provided such parties information that accurately describes the Development as W
proposed in this Application.The Applicant has reviewed the third party information included in
this Application and/or provided during the credit underwriting process and the information
provided by any such party is based upon, and accurate with respect to, the Development as
proposed in this Application.
13. Funding under this RFA is provided by the U.S. Department of Housing and Urban Development �—
(HUD)through the Florida Department of Economic Opportunity's (DEO) Community
Development Block Grant Disaster Recovery (CDBGDR) Program. Florida Housing Finance ,
Corporation (The Corporation) is not responsible, and Applicants shall hold the Corporation
harmless from liability and claim for damages or expenses, in the event that HUD or DEO
retracts, suspends, or interrupts such funding.
14. The Applicant understands and agrees to cooperate with any audits conducted in accordance
with the provisions set forth in Section 20.055(5), F.S.
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Complete RFA as modified on 7-19-19
15. The undersigned is authorized to bind the Applicant entity to this certification and warranty of
truthfulness and completeness of the Application.
Under the penalties of perjury, I declare and certify that I have read the foregoing and that the
information is true, correct and complete. 0
0
Signature of Authorized Principal Representative Name (typed or printed)
Title (typed or printed)
0
NOTE: Provide this form as Attachment 1 to the RFA. The Applicant Certification and Acknowledgement
form must be signed by the Authorized Principal Representative stated in Exhibit A.
0
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0
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CD
0
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0
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0
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0
0
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0
Page 115 of 115
RFA 2019-101
Packet Pg. 1790
D.3.g
A Tool to Assist Applicants in Determining their Maximum Eligible
RFA 2019-101 Amount E
0
Maximum CDBG-DR Request Amount Determination Workshei
Instructions: For the proposed Development, please enter the number of units per bedroom type 0
U
identified as Column B. All of the units of the proposed development must be included. Column D
maximum total CDBG-DR Subsidy that can be requested, by bedroom type and then provide an ov
The worksheet will compare this per unit subsidy limit to the development subsidy limit and provide 0
as the maximum CDBG-DR Funding Request Amount in cell G25. The Applicant's eligible request
exceed this amount.
A B C
#of Proposed Maximum PU
Units by Bedroom CDBG-DR
#of Bedrooms Type Subsidy Limit
0
0 $217,058
1 10 $248,828
2 $302,572
3 $391,432
4 $418,592
Totals 10
Maximum Development Funding Request Limit on a Per-Unit basis
Maximum Development Funding Request Limit Per Applicant
The lesser of the two limits (Maximum Development Funding Request Amount)
cv
0
CDBG-DRI Loan Amounts Per Bedroom Count
0 Bedroom 1 Bedroom
All Counth Scenario Units Units 2 Bedroom Units 3 Bedroom Units
Initial 1 $141,088 $161,738 $196,672 $254,431 0
0
5% Multiplie 2 $217,058 $248,828 $302,572 $391,432
0% Multiplie 3 $282,176 1 $323,476 1 $393,344 1 $508,862
C
0
<Select> <Select> <Select>
Yes PDC Income Averaging
No PDD Traditional IRS Min.
0
Packet Pg. 1791
D.3.g
CDBG-DR Request
W
0
0
et
in the column 0
will sum up the
erall total on row 23.
the lesser of the two 0
amount may not
0
0
D
Maximum PU
CDBG-DR Subsidy
Totals
0
$0
$2,488,277
$0
$0
$0
$2,488,277
0
$8,000,000
$2,488P
277
0
Funding 0
4 Bedroom Units Scenario
$272,085 2
$418,592
$544,170
C
0
0
0
m
0
Packet Pg. 1792
D.3.hi
RFA 2019-101 A Tool to Assist Applicants in Determining their Maximum Eligible
Amount
Maximum CDBG-DR Request Amount Determination Workshei
0
Instructions: For the proposed Development, please enter the number of units per bedroom type
identified as Column B. All of the units of the proposed development must be included. Column D 0
maximum total CDBG-DR Subsidy that can be requested, by bedroom type and then provide an ov
The worksheet will compare this per unit subsidy limit to the development subsidy limit and provide
as the maximum CDBG-DR Funding Request Amount in cell G25. The Applicant's eligible request
exceed this amount.
A B C
2
#of Proposed Maximum PU
0
Units by Bedroom CDBG-DR
#of Bedrooms Type Subsidy Limit
0 $217,058
1 8 $248,828
2 2 $302,572
3 $391,432
4 $418,592
Totals 10
0
Maximum Development Funding Request Limit on a Per-Unit basis
Maximum Development Funding Request Limit Per Applicant �--
The lesser of the two limits (Maximum Development Funding Request Amount)
0
0
CDBG-DRI Loan Amounts Per Bedroom Count
0 Bedroom 1 Bedroom
All Counth Scenario Units Units 2 Bedroom Units 3 Bedroom Units
Initial 1 $141,088 $161,738 $196,672 $254,431
5% Multiplie 2 $217,058 $248,828 $302,572 $391,432
0% Multiplie 3 $282,176 $323,476 $393,344 $508,862
<Select> <Select> <Select> 0
Yes PDC Income Averaging
No PDD Traditional IRS Min.
Packet Pg. 1793
D.3.hi
CDBG-DR Request
et
0
in the column
will sum up the 0
erall total on row 23.
the lesser of the two W
amount may not
D
0
Maximum PU
0
CDBG-DR Subsidy
Totals
$0
$1,990,622
$605,145
$0
$0
0
$2,595,766
$8,000,000
7 9
766
0
Funding
4 Bedroom Units Scenario
0
$272,085 2
$418,592
$544,170
0
0
Packet Pg. 1794
S`mv, � D.3.i
, �
SELTZER MANAGEMENT GROUP, INC.
0
CREDIT UNDERWRITING CHECKLIST
for
Multifamily Bonds, SAIL, HOME, Housing Credits
2
C
FHFC Rule Chapters 67-21 and 67-48 require Applicants to submit the following items to the credit o
underwriter within the time frame specified in the credit underwriting invitation in order to underwrite the
loan or housing credit request.
A copy of the Applicant's Application will be submitted to the credit underwriter and may contain many of
the requested items. If the credit underwriter determines the information submitted in the Application is
not sufficient, additional information may be required and requested under separate cover. Upon
completion of the review, the credit underwriter provides Florida Housing with an analysis of the
0
Development and a recommendation on the funding of the proposed loan or allocation of credit.
0
A. APPLICANT INFORMATION
1. Identity of Applicant entity and Principals and the ownership structure (i.e. identify
principals and officers/general partners, percentage of ownership and
responsibilities in partnership/organization).
2. Copy of documentation creating the Applicant entity (i.e. partnership agreement,
certificate of limited partnership, articles of incorporation, bylaws, certificate of
good standing, and any other corporate documents for the Applicant and any
corporate general partner). Documentation must verify percentage of ownership
and responsibilities in partnership/organization.
3. Resume and trade references for each Principal of the Applicant, including a
description of experience in the development, ownership and management of
multifamily properties. References must include addresses, e-mail addresses,
contact names and telephone numbers.
4. Signed credit authorization form(s) completed by Applicant entity and all principals )
(form provided by Seltzer Management Group, Inc.).
5. Completion by Applicant and Principals of the Certification of Previous Multifamily
Housing Experience form (provided by Seltzer Management Group, Inc.).
6. Verification of deposits/liquidity (current bank statements/investment statements) E
for the borrower and all principals along with banking references including account o
numbers, addresses, e-mail addresses, contact names and telephone numbers.
7. List of all Corporation financed Projects.
B. 1. PROPERTY INFORMATION
1. Detailed Property description. (See Application)
m
2. Legible location map, showing the Property and surrounding area, including
commercial/shopping facilities, schools, competitive projects, and its proximity to E
the area's central business district, public transportation, and senior centers.
3. Survey indicating the exact boundaries of the Property, any flood hazard area(s),
all ingress and egress to the Property, all utilities, and the Property's legal
description indicating total acreage.
Page 1 of 6
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4. Site Plan. Final Site Plan Approval when available.
5. Zoning compliance. Also, provide density calculation and name, address, e-mail
address, and telephone number of verifying official. c
6. Copy of the most recent Title Report for the Property.
7. Evidence of Site Control (i.e., copy of Ground Lease Analysis, Sales or Purchase
Agreement and most recent Deed to the Property, or Ground Lease to include all
attachments and addendum. Closing Statement if purchase has occurred within
past 24 months). (See Application) If a Real Estate Broker is used, provide
Brokerage Agreement verifying commission amount.
8. Color photographs of the subject Property.
9. Aerial photograph of the Property and immediate surrounding area, if available.
10. Evidence of availability of utilities (including water, sewer, electric, roads, gas,
phone, and cable/satellite television; include internet if high speed internet
committed to be provided to the property)
11. Utility allowance verification. Include name, address, e-mail address, and c
telephone number of provider.
12. Building plans and specifications for the site and buildings (to include required and
optional features and amenities, Universal Design and Visitability features, energy
features, and green building features per Request for Application as well as ADA
and Section 504 Rehab requirements.
13. Soil test reports-must include a minimum of one soil boring per building location,
site, foundation, and pavement design; provide stormwater retention design if
available
14. Building permits, if available. If permits not yet available, a projected permitting
0.
timeline and the property's status on that timeline (i.e. not yet applied for, applied
for, etc.) Building Permit availability letter subject only to payment of fees is a loan --
closing contingency. T
15. Evidence of compliance with local concurrency (roads, mass transit, sanitary
sewer, storm water, potable water, solid waste, and parks and recreation). —
16. Market Study separate from the Appraisal, with resume and references of provider a)
17. Appraisal with resume and references of appraiser. The credit underwriter shall
order the appraisal at the Applicant's expense. CL
18. A pre-construction analysis and/or physical needs assessment (to be ordered by
Seltzer Management Group, Inc. at Applicant's expense)
19. Phase I environmental review and Phase II environmental review (if applicable)
20. Green Certifier Contract (per Application selections-LEED, FGBC, or NGBS)
21. ADA/Section 504 Fair Housing Certification - Design Certification submitted with
Permitted Plans and Specifications; As-Built Certification submitted with Final
Plans and Specifications for Closing OR with100% Completion HC Inspection
Report
B. 2. THE FOLLOWING ADDITIONAL ITEMS ARE REQUIRED FOR EXISTING PROJECTS c
1. If refinance, Statement of All Outstanding Obligations against the Property,
completed and executed by Applicant as being true and correct as of date signed;
also copies of existing Note(s) and Mortgage(s).
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2. Current project rent roll. Rent roll must include unit number or identification,
tenant's name, unit type, monthly rent subsidies (if applicable), rent controlled or
rent stabilized (if applicable), concessions, rebates or discounts given to tenant,
furnished or unfurnished status, lease commencement date, lease expiration date,
arrearages owed by tenant, if any, and amount of security deposit(s) held.
3. The actual Income and Expense Statements on the Property for the current year-
to-date, and the year-end statements for the previous three (3) years (certified by
the Applicant). In addition, subsequent monthly year-to-date statements must be
submitted each month no later than the tenth day of the following month while the
loan request is in processing. Also, if any major capital improvements have been
made to the Property within the past three (3) years, and the costs are included in
the operating statement(s) as expense items, provide a break-out of said cost(s)
and item(s). (Example: new roof, new heating system, replacement of appliances,
etc.)
4. Historical occupancy and rent roll information.
5. List of all proposed and/or existing property staff, applicable duties, salary and
benefits.
0
6. A statement indicating what costs, if any, are shared with other properties.
7. Copies of all service contracts.
8. If there is a Laundry Lease within or associated with the Property, the seller must
include a copy of any laundry lease relating to the proposed Mortgaged Premises.
All laundry leases must be subordinated to the lien of the proposed mortgage.
9. If there are Commercial Leases within or associated with the Property, provide the
following:
a) Complete copies (with all amendments) of all Commercial Leases;
b) Commercial Tenant's Estoppel Certificates. W
10. Personal Property Certification, listing all personal property associated with the T
applicable real estate, completed and executed by the Applicant as being true and
correct as of the date signed.
C. FINANCIAL INFORMATION °3
1. Audited financial statements of Applicant entity and each Principal, General
CL
Partner, General Contractor and Credit Enhancer or Guarantor, for the most recent y
fiscal year ended, or an acceptable alternative as stated in the rule.
2. Most recent two years'tax returns for Applicant entity, all Principals, General c
Partners, General Contractor(s) and Guarantors, with all supporting notes and
schedules, if required under C.1 above.
3. Applicant's, General Contractor, Developer, and Principals'Analysis of Cash
Flows, Contingent Liabilities, and Statement of Financial/Credit Affairs (to include
all items in Rule 67.48.0072(6) and/or Rule 67-21.014(2), certified as complete and
accurate by the party whose finances are summarized by the statement. This must
include a detailed schedule of all real estate owned by the Applicant, Corporate
General Partner, and the Principals of the Applicant, and/or Corporate General
Partner showing the type of property owned, ownership percentage, property
value, mortgage balance, amount of income, expenses, debt service and debt
service coverage for the past year and through the most current month of the
present year.
Page 3 of 6
Packet Pg. 1797
S`mv, � D.3.i
, �
1
4. Monthly income and operating expense projections until stabilization, showing
absorption, occupancy analysis, and supporting terms and conditions for interest
reserve calculations and operating reserves.
5. Fifteen year income and expense pro forma (detail operating expense items).
Rents must increase 2% per year and expenses must increase 3% per year.
6. For tax exempt bond developments, commitment letter from Private Purchaser or
Placement Agency outlining terms of financing requested. If credit enhanced,
commitment letter from Credit Enhancer including Credit Enhancer's resume.
7. Schedule of Proposed Secondary Financing or grants, if any, supported by c
commitment letters.
8. For housing credit developments, copy of the executed syndication commitment y
agreement, syndicator's resume highlighting equity investment experience, and
financial statements.
9. Copy of an executed first mortgage loan commitment outlining the terms of
financing.
10. If a refinance, the mortgage loan payment record for the past three (3) years. c
11. Detailed Sources and Uses of Funds Statement. Provide detailed calculation of
construction interest, general contractor's fee, and support for any reserves.
12. Section 8 HAP Contract, ACC Rent Contract, RD Rent Contract (as applicable).
D. MANAGEMENT AGENT INFORMATION
1. Management Agent's resume, to include number of years in business, number and
location of properties/units managed, and brief resume of key Principals.
0
2. Executed Management Agreement, including documentation of compliance with
program requirements (i.e. income and rent restrictions) W
3. Management Plan. T
4. Copy of standard tenant lease.
E. CONSTRUCTION INFORMATION as
1. Detailed hard cost breakdown (schedule of values) reflecting general
requirements, overhead and profit as separate line items. Hard cost contingency CL
should be outside the construction contract but may be shown here.
E
2. Proposed Construction Contract and General Contractor's license. (Contract must c
Include Davis Bacon language and schedules for properties with twelve (12) or
more units funded by HOME.). A list of subcontractors when and if available, and
at a minimum, specifically identifying any shell contractor
3. Resume, banking and trade references (include bonding company) on the General
Contractor, including a description of experience in the development of multifamily
properties. [Note financial statements, tax returns, contingent liabilities and a,
Statement of Financial/Credit Affairs under Section C. above also apply.]
4. Signed Credit Authorization form for General Contractor(form provided by Seltzer c
Management Group, Inc.). U
5. Copy of Architect's Contract, Florida license, and evidence of professional
liability/errors and omissions insurance coverage. Coverage must be equal to the
greater of$1 million or 10% of the construction contract amount.
Page 4 of 6
Packet Pg. 1798
S`mv, � D.3.i
, �
1
6. Copy of Engineering Contract, Florida license, and evidence of professional
liability/errors and omissions insurance coverage. Coverage must be equal to the
greater of$1 million or 10% of the construction contract amount.
7. Construction Draw/Progress Schedule reflecting line item amounts by percentage
complete and month.
8. Termite inspection report and/or a termite bond (or other acceptable evidence of
damage/repair coverage).
0
9. Payment and Performance Bonds in draft form or a letter from bonding agency
evidencing experience with and willingness to bond General Contractor subject
only to its insurance underwriting (surety must have an A. M. Best rating of A- or
better)
10. Certification regarding General Contractor compliance with Rule 67-48.0072(17)
and/or Rule 67/21-014(2)(r).
F. FOR DEVELOPMENTS SUBJECTED TO LOCAL RENT CONTROLS AND/OR TAX
ABATEMENT PROVISIONS
0
1. If a development is subject to any rent control legislation, rent stabilization
legislation, or both, then copies of said legislation from the controlling authority
must be provided. This includes a copy of the original act and any subsequent
amendments thereto.
2. If a development is subject to rent control, rent stabilization, or both, copies of
proclamations for the most recent three (3) years establishing guidelines for the
allowable percentage of increase in current rent levels must be provided.
3. If a development qualifies for either tax abatement or a tax exemption as a result of
any improvements to be made, then a copy of such enabling legislation from the
appropriate authority must be provided.
4. If enabling legislation exists which will permit current controlled and/or stabilized T
rent levels to increase (over and above any allowable percentage of increase
authorized under rent control or rent stabilization legislation) as a result of any
capital improvements to be made to the development, then a copy of such —
enabling legislation must be provided. m
5. A certified copy of the latest year's Certified Rent Roll as filed with the Board or
Agency having jurisdiction must be provided as a part of the Application Exhibits.
APPRAISAL DOCUMENTATION REQUIREMENTS
In addition to the above required documentation, a duplicate set of the items listed below MUST be -
packaged and transmitted separately to the appraiser of the development.
Item B. 1. 1. Detailed Property description, including features and amenities.
m
Item B. 1. 3.- 4. Survey and detailed site plan, indicating the exact boundaries of the Property, any
flood hazard area(s), all ingress and egress to the property, all utilities, and the
Property's legal description including acreage.
Item B. 1. 6. Copy of the most recent Title Report for the Property.
Item B. 1. 7. Copy of Sales or Purchase Agreement or Ground Lease and most recent Deed to
the Property.
Item B. 1. 9. Aerial photograph of the site. E
Item B. 1. 10. Evidence of availability of utilities.
Page 5 of 6
Packet Pg. 1799
S`mv, � D.3.i
, �
Item B. 1. 11. Utility allowance verification.
Item B. 1. 12. Building plans and specifications for the site and buildings.
0
Item B. 1. 16. Copy of any previous Feasibility Study/Market Study.
Item C. 4. Monthly income and operating expense projections until stabilization, showing
absorption, occupancy analysis, and supporting terms and conditions for interest
reserve calculations and operating reserves.
Item C. 5. Fifteen year income and expense pro forma (detail operating expense items).
r_
Rents must increase 2% per year and expenses must increase 3% per year. c
Item C. 8. Syndication terms.
Item C. 11. Sources and uses of funds.
Item D. 2. Executed Management Agreement.
Item E. 8. Termite inspection report and/or a termite bond (or other acceptable evidence of
damage/repair coverage).
If the development is an existing development,the items listed below must be transmitted c
to the appraiser:
B. 2. 2. Current development's rent roll, if existing project. Rent roll must include unit
number or identification, tenant's name, unit type, monthly rent, subsidies (if
applicable), rent controlled or rent stabilized (if applicable), concessions, rebates or
discounts given to tenant, furnished or unfurnished status, lease commencement
date, lease expiration date, arrearages owed by tenant, if any, and amount of
security deposit(s) held.
B. 2. 3. The actual Income and Expense Statements on the Property for the current year-
to-date, and the year-end statements for the previous three (3) years (certified by
the Applicant). In addition, subsequent monthly year-to-date statements must be
submitted each month no later than the tenth day of the following month while the W
loan request is in processing. Also, if any major capital improvements have been m
made to the Property within the past three (3) years, and the costs are included in
the operating statement(s) as expense items, provide a break-out of said cost(s)
and item(s). (Example: new roof, new heating system, replacement of appliances, —
replacement of carpet, etc.) m
B. 2. 4. Historical occupancy and rent roll information.
B. 2. 5. List of all proposed and/or existing property staff, applicable duties, salary and CL
benefits. Copies of all service contracts.
B. 2. 6. A statement indicating what costs, if any, are shared with other properties.
B. 2. 7. Copies of all service contracts.
B. 2. 8. If there is a Laundry Lease within or associated with the Property, the seller must
include a copy of any laundry lease relating to the proposed Mortgaged Premises.
B. 2. 9. If there are Commercial Leases within or associated with the Property, provide the
following:
a) Complete copies (with all amendments) of all Commercial Leases;
b) Commercial Tenants' Estoppel Certificates. c
U
B. 2. 10. Personal Property Certification, listing all personal property associated with the
applicable real estate, completed and executed by the Applicant as being true and m
correct as of the date signed
Page 6 of 6
Packet Pg. 1800
D.3.i
SMG
SELTZER MANAGEMENT GROUP, INC.
17633 Ashley Drive
Panama City Beach, FL 32413
C7
INSTRUCTIONS - CONTINUED 0
U
INSTRUCTIONS FOR COMPLETING U
2
CERTIFICATION SCHEDULES A & B
.L
Each principal or affiliate should certify each item listed on the Certification 0
Statement. Any exception for any principal or affiliate should be explained on the Cer-
tification itself or on a separate sheet/s as described below,and attached to the Certifi-
cation. S
N
NOTE: �0
A single Certification may be used b all participating and affiliates,however, }
g Y Y P P g �
a separate Schedule A&B must be completed and attached for each principal or affiliate.
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SCHEDULE A:
c
0
Column A: List the multifamily properties in which the Borrower and each Principal
currently is,or has been,the owner or a Principal in the past ten years(no more than ten
properties or, if greater, the number determined appropriate by the Lender, need be y
listed for each Principal).If the Borrower or its Principals has properties that are located m
close enough to the property that they could reasonably be inspected during the Lender's J
loan underwriting,these properties must be listed. c
List all multifamily properties in which the Borrower and each Principal currently is,or
has been, a Principal and for which the mortgage on the property was purchased by
Fannie Mae.
c
m
Column B: Fill in street address,city and state for each project. E
Column C: Fill total number of project units.
Column D: Indicate the nature and extent of the principal's or affiliate's ownership
interest in each identified project. Indicate month and year when participation in the
project began and, if applicable,ended.
m
Column E: Indicate type and amount of permanent financing(e.g.,conventional HUD-
insured, direct federal loan, state or local agency loan) and provide the name of the
lender of record. In addition, indicate type and source of any federal, state or local B
subsidies provided to the project. m
Z
m
SCHEDULE B:
iA
Exceptions: "If the Borrower or any Principal cannot provide this certification,the de- C
linquencies,defaults,foreclosures,or deeds-in-lieu of foreclosure(as applicable)or bank- Y
ruptcies must be listed as exceptions on Schedule N.
CL
List any pending or current litigation involving Fannie Mae in which the borrower or any y
E
principal is or was a plaintiff or defendant in a cause of action.Litigation or judgments
not involving Fannie Mae also must be listed if they are directly related to the ownership U-
or operation of any real estate,could materially impact the Property,or could materially c
impact the Borrower's or any Principal financial condition. For the Borrower and each
Principal,any past or current bankruptcies also must be listed.
m
If the Borrower or any Principal discloses any defaults,foreclosures,bankruptcies,deeds-
in-lieu of foreclosure,or material delinquencies the cause and resolution of such occur- m
rences must be explained in writing and determined to be acceptable by the lender. A m
written explanation is not required for isolated short-term delinquencies on items such
as personal accounts, (e.g., personal revolving accounts) provided such delinquencies 0
were promptly cured and are not recurring.
c
For any defaults, foreclosures, bankruptcies, deeds-in-lieu of foreclosures, or material °'
delinquencies, an acceptable explanation must clearly indicate that the circumstances v
causing the problem were unforeseeable and not directly caused by the Borrower or any w
Principal,that the Borrower or Principal took appropriate and significant actions to avoid B
and cure the problem,and the Borrower or Principal exhibited a high degree of integrity
and responsiveness in reaching an equitable resolution in a timely manner.
00.0915-sMG-23.1 2
Packet Pg.1801
D.3.i
SMG
SELTZER MANAGEMENT GROUP, INC.
17633 Ashley Drive
Panama City Beach, FL 32413
C7
C7
U
2
INSTRUCTIONS FOR PREPARATION OF
7,
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CERTIFIED STATEMENT
0
B
OF c
N
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MULTIFAMILY OWNERSHIP AND LOAN HISTORY
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WHO SHOULD SIGN&FILE: O
C
O
The Certified Multifamily Ownership and Loan History o
w
Statement should be signed and filed with Seltzer Management y
Group,Inc.by the Borrower and all principals participating in the m
J
proposed loan request.The Borrower's statement must be certified 'a
by the managing general partner or the chief operating officer,as o
applicable,and all statements must be certified as true,correct and
complete. These statements may not be dated more than 30 days °
prior to application date and must be updated using either a new CD
statement or a statement of no change filed within 30 days of the 'a
c
Loan Commitment date. Separate statements for each individual CD
E
or entity are acceptable. B
:c
Principals include all individuals,joint ventures, partner-
CD
ships,corporations, trusts, or other public or private entities that
will participate in the ownership of the project that is the subject
of the loan request. In the case of a partnership, all general part-
ners (regardless of their percentage interest) and limited partners
having a 25 percent(25%) or more interest in the partnership are c
considered principals. In the case of a public or private corpora-
CD
tion, principals include the President, Vice President, Secretary,
m
Treasurer and all other executive officers who are directly respon-
sible to the Board of Directors,or any equivalent governing body, CL
as well as all directors and each stockholder having a ten percent E
L
(10%) or more interest in the corporation. �°
c
An affiliate is defined as any person or business concern
that directly or indirectly controls the policy of a principal or has
the power to do so.For example,a holding or parent corporation c
would be an affiliate if one of its subsidiaries were a Principal in
the loan request.
E
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cs
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E
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B
00.0915-sMc-23.1 1
Packet Pg.1802
D.3.i
SMG
SELTZER MANAGEMENT GROUP, INC.
17633 Ashley Drive
Panama City Beach,FL 32413
C7
U
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CERTIFIED STATEMENT OF y
MULTIFAMILY OWNERSHIP AND LOAN HISTORY y0
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I (meaning each of the individuals, corporations, partnership, or other
parties listed below)hereby certify that all of the statements made by me in the
cn
Certification,and all of the information provided on the attached Schedules A and m
B are true,complete and correct to the best of my knowledge and belief,and are �
hereby made or provided by me in good faith as follows: a
1. Schedule A contains a listing of the multifamily projects in which I am
now,or have been a principal during the last ten(10)years. o
2. Except as shown by me on Schedule B no delinquencies, bankruptcies CD
(historical or current), defaults, foreclosures, or deeds-in-lieu of foreclo- E
sure have occurred: c
cn
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(a) on any property, including any property for which the Mort- B
gage was purchased by Fannie Mae;and
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(b) during the past ten years on any loan obligating me in any CD
manner,irrespective of the loan purpose or loan collateral(i.e., o
not just multifamily loans).
B
3. I have not been suspended,debarred,or otherwise restricted by any de- CD
partment or agency of the Federal Government,or of a State Government, m
from doing business with such department or agency.
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Name Of Principal Or Affiliate Role&%Of Ownership Interest E
In The Project 0
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Signature and Title of Signatory Date
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D.3.i
CORPORATE/PARTNERSHIP AUTHORIZATION
TO RELEASE INFORMATION
0
0
Gentlemen:
C
0
0
We have made an application to the Florida Housing Finance Corporation (FHFC)
to obtain a loan or an allocation of low income housing tax credits. As part of this
process, we have named you as a reference and ask that you release any and all
information concerning my account to the underwriter hired by FHFC, Seltzer
Management Group, Inc., upon their request. Such information includes, but is
not limited to, employment history and income; bank, money market and similar
account balances; credit history; and copies of income tax returns.
Furthermore, from time to time Seltzer Management Group, Inc. or its assigns may
elect to perform reverifications as part of a quality control review audit. These
audits may be performed internally or by an independent third party quality con-
trol review agent.
Photostatic copies of this letter may be made to facilitate multiple inquiries. In the
event you receive such a copy, it should be treated as an original and the requested
information released.
Thank you for your cooperation in this matter.
a)
Authorized Signature DateCL
N
E
0
Authorized Officer(printed) Authorized Officer Title
Company/Partnership Name Fed.Taxpayer ID No.
Company Street Address Phone No.
E
0
tJ
City,State,Zip Code
SMG Form 19-2-02.0328
Packet Pg. 1806
D.3.i
CONTRACTOR'S AUTHORIZATION
TO RELEASE INFORMATION
0
Gentlemen: c
2
C
We are the General Contractor for a project where the owner has made an applica- c
Lion to the Florida Housing Finance Corporation (FHFC) to obtain a loan or an
allocation of low income housing tax credits. As part of this process,we have named y
you as a reference and ask that you release any and all information concerning my
account to the underwriter hired by FHFC, Seltzer Management Group, Inc., upon
their request. Such information includes,but is not limited to, employment history
and income; bank, money market and similar account balances; credit history; and 0
copies of income tax returns. c
Furthermore, from time to time Seltzer Management Group, Inc. or its assigns may E
elect to perform reverifications as part of a quality control review audit. These
audits may be performed internally or by an independent third party quality con- E
trol review agent.
Photostatic copies of this letter may be made to facilitate multiple inquiries. In the
event you receive such a copy, it should be treated as an original and the requested
information released.
Thank you for your cooperation in this matter.
a)
CD
Authorized Signature Date M
CL
Authorized Officer(printed) Authorized Officer's Title
0
Company Name Fed.Taxpayer ID No.
Company Street Address Phone No.
City,State,Zip Code E
0
CJ
SMG Form 19-3-02.0328
Packet Pg. 1807
D.3.i
GUARANTOR'S AUTHORIZATION
TO RELEASE INFORMATION
0
0
Gentlemen:
2
C
0
I have made an application to the Florida Housing Finance Corporation (FHFC) to obtain 0
a loan or an allocation of low income housing tax credits. As part of this process, I have
named you as a reference and ask that you release any and all information concerning my
account to the underwriter hired by FHFC, Seltzer Management Group, Inc., upon their -�
request. Such information includes, but is not limited to, employment history and income;
bank, money market and similar account balances; credit history; and copies of income 0
tax returns. c
Furthermore, from time to time Seltzer Management Group, Inc. or its assigns may elect
to perform revivifications as part of a quality control review audit. These audits may be
performed internally or by an independent third party quality control review agent. E
Photo static copies of this letter may be made to facilitate multiple inquiries. In the event
you receive such a copy, it should be treated as an original and the requested information
released. 2
Thank you for your cooperation in this matter.
a)
Applicants Signature Date
CL
Applicants Name(printed) Date of Birth *Required
0
Home Street Address Social Security No.
Company Street Address Phone No.
City,State,Zip Code 0
CJ
Packet Pg. 1808
D.3.i
STATEMENT OF FINANCIAL / CREDIT AFFAIRS
0
DATE:
0
CJ
TO: SELTZER MANAGEMENT GROUP, INC.
2
C
0
FROM:
0
LOAN AMOUNT:
PROPERTY ADDRESS:
2
0
As an inducement for Lender to make the Loan referenced above, the undersigned represents
and warrants that the undersigned has a financial interest in this transaction; that the answers to
the questions herein are complete, true and correct; and the undersigned acknowledges
Lender's reliance thereon. Prior to Loan closing, the undersigned agrees to provide Lender with
written notice of any changes in the financial condition of undersigned or of any person or entity
(to the extent known) involved with this Loan.
Where answers are `yes', provide details and an explanatory statement, in writing, .�
supplementing and accompanying this Questionnaire. Questions apply only to transactions or
affairs during the last ten years. The Questionnaire should be completed by Applicant,
Developer and all general partners and/or all individuals with significant ownership interest and all Guarantors. The form is to be signed in original form.
Yes No CL
y
F-1
1. Contingent Liabilities E
c
Do you have any contingent liabilities as Endorser or Co-Maker on Notes,
Guaranties of Completion, Operating Deficits Guaranties or long-term
leases?
2. Litigation
F-1 ElAre you a party in any pending legal action where there is a claim against
F-1
El
you for damages?
0
Are you a defendant in any pending legal action?
F-1
3. Judgments
E ElAre there any unsatisfied judgments against you?
Page 1 of 3
Packet Pg. 1809
D.3.i
F—I 1-1 Have there been any judgments against you that have been satisfied?
F—i
ri
4. Bankruptcy
Have you filed for bankruptcy or has any entity in which you were a partner
or investor filed for bankruptcy, whether for reorganization or otherwise?
5. Changes in terms of Loans
F—I 1:1 c
Have you given a lender a deed in lieu of foreclosure or been involved in
a loan default or moratorium?
F—I Elc
Have you had any loan restructured by a lender due to a negative cash flow y
situation or similar problem?
F—I
EI-
�
Have you been involved in any loan workouts?
❑ Have you had principal or interest payments deferred?
❑ ElDo you have any loans that are currently in arrears as to principal, interest, c
taxes due or insurance premiums due?
6. Condition of Existing Real Estate
F-I a E
Are you currently involved in any real estate transactions or projects, either
as a general partner or investor, that are experiencing a negative cash flow
or where vacancy exceeds 15%?
Please see attached statement of liabilities.
2
7. Other
F—I EI- Has the property and/or any person related thereto been served with notice
of violation of any building code, environmental, health or licensing law?F—I
EI-
Are there any proceedings or threatened proceedings before any court of
law or governmental agency, or do there exist any moratoriums that would °3
interfere with, restrict or forbid:
CL
0 The furnishing of any utility services to the Property? v,
❑ The operation of the Property or any part thereof?
❑ [IAre there any pending or threatened proceedings before any court of law or
governmental agency that could affect the Property or the validity or
enforceability of the Loan documents or that might materially or adversely
affect the financial condition or assets of Borrower, general partner or
investor having a 10% or greater interest in the Property or any other person
having any material influence in or control?
F—I ❑ To your knowledge, have you or the Borrower or any general partner been c
indicted for or convicted of any criminal charges?
Page 2 of 3
Packet Pg. 1810
D.3.i
8. Attach original signed financial statements including:
a) Detailed list of assets and liabilities.
b) A statement of all contingent liabilities.
c) Account numbers, name/s of lender/s, lender representative/s telephone number/s for all
mortgage debt. (Provide lender information, not servicer information). W
0
9. Investigations
The Lender may perform one or more of the following investigations:
0
a) Check of bank or lender references.
b) Credit check.
c) Litigation search on Borrower.
2
d) Background check. c
Undersigned hereby authorizes Lender to perform any of the above investigations in connection
with my application for commercial mortgage loan with Lender. If any statement or information
provided in the Questionnaire is materially false or misleading, the principals of Applicant will
become personally liable under the exceptions to exculpation contained in the Loan documents.
Undersigned hereby consents to the investigations and inquiries outlined above.
2
Applicant or Principal Date
E
0
0
Page 3 of 3
Packet Pg. 1811
D.3.i
Florida Housing Finance Corporation
ARCHITECT'S FAIR HOUSING, SECTION 504 AND ADA DESIGN CERTIFICATION
0
Development Name
0
Location of Development(County)
r_
0
I certify that I am an Architect, licensed to practice in the State 0
of Florida under license 4 I further certify that I am
knowledgeable concerning all Federal, State and Local requirements with respect to The Fair
Housing Act as implemented by 24 CFR 100, Section 504 of the Rehabilitation Act of 1973 and
Titles II and III of the Americans with Disabilities Act of 1990 as implemented by 28 CFR 35, as
well as the current edition of the Florida Accessibility Code, incorporating the most recent 0
amendments and other legislation, regulations, rules and other related requirements in effect at c
the time the Development was permitted which apply to the above-captioned Development.
E
I certify to the Florida Housing Finance Corporation that the Development design and plans and
specifications prepared by me or at my direction comply with these requirements. Specifically, E
there are Section 504 Units provided for in the above-captioned Development and are
designed to be located as follows (please provide Unit#if known):
Floor Unit Number of Number of
Building Number Number Number Bedrooms Bathrooms �--
a)
CL
0
Signature Date
Name (Print)
m
Name of Firm
0
FHFC Form 121 Revision Date 10/15/14
Packet Pg. 1812
D.3.i
Florida Housing Finance Corporation
ARCHITECT'S FAIR HOUSING, SECTION 504 AND ADA CONSTRUCTION
COMPLETION CERTIFICATION c
Development Name
Location of Development(County) r_
0
I certify that I am an Architect, licensed to practice in the State
of Florida under license 4 I further certify that I am
knowledgeable concerning all Federal, State and Local requirements with respect to The Fair
Housing Act as implemented by 24 CFR 100, Section 504 of the Rehabilitation Act of 1973 and
Titles II and III of the Americans with Disabilities Act of 1990 as implemented by 28 CFR 35, as 0
well as the current edition of the Florida Accessibility Code, incorporating the most recent c
amendments and other legislation, regulations, rules and other related requirements in effect at
the time the Development was permitted which apply to the above-captioned Development. E
I certify to the Florida Housing Finance Corporation that I have observed the completed
Development and I have used professionally reasonable efforts to assure that the facility has been
constructed in accordance with the plans, specifications, and any addenda submitted to, reviewed
by, and accepted by Florida Housing Finance Corporation, or its Agent(s), as of the time this
representation is made and the facility has been constructed in conformance to and in compliance 2
with the foregoing requirements in effect at the time the Development was permitted.
Specifically, there are Section 504 Units constructed in the above-captioned �--
Development and are located as follows:
Floor Unit Number of Number of m
Building Number Number Number Bedrooms Bathrooms
CL
0
0
Signature Date
Name (Print) E
Name of Firm
FHFC Form 122 Revision Date 10/15/14
Packet Pg. 1813
D.3.i
Florida Housing Finance Corporation
DEVELOPER'S FAIR HOUSING, SECTION 504 AND ADA CONSTRUCTION
COMPLETION CERTIFICATION
0
Development Name
Location of Development(County) 0
C
I certify that I am the Developer of the above-captioned c
Development, and further certify that either I am personally knowledgeable, or I have assembled 0
a Development Team that is knowledgeable concerning all Federal, State and Local requirements
with respect to The Fair Housing Act as implemented by 24 CFR 100, Section 504 of the
Rehabilitation Act of 1973 and Titles II and III of the Americans with Disabilities Act of 1990 as
implemented by 28 CFR 35, as well as the current edition of the Florida Accessibility Code,
incorporating the most recent amendments and other legislation, regulations, rules and other 2
related requirements in effect at the time the Development was permitted which apply to the c
above-captioned Development.
a�
I certify to the Florida Housing Finance Corporation that the facility has been constructed in
conformance to and that the facility conforms to and complies with, the foregoing requirements E
in effect at the time the Development was permitted. Specifically, there are Section
504 Units provided for in the above-captioned Development and are located as follows (please
provide Unit #if known):
Floor Unit Number of Number of
Building Number Number Number Bedrooms Bathrooms W
Z
a)
CL
0
Signature Date
Name (Print)
m
Name of Firm
0
FHFC Form 127 Revision Date 10/15/14
Packet Pg. 1814
D.3.i
Florida Housing Finance Corporation
DEVELOPER'S FAIR HOUSING, SECTION 504 AND ADA DESIGN CERTIFICATION
Development Name
Location of Development(County)
0
I certify that I am the Developer of the above-captioned
Development, and further certify that either I am personally knowledgeable, or I have assembled c
a Development Team that is knowledgeable concerning all Federal, State and Local requirements 0
with respect to The Fair Housing Act as implemented by 24 CFR 100, Section 504 of the
Rehabilitation Act of 1973 and Titles II and III of the Americans with Disabilities Act of 1990 as
implemented by 28 CFR 35, as well as the current edition of the Florida Accessibility Code,
incorporating the most recent amendments and other legislation, regulations, rules and other
related requirements in effect at the time the Development was permitted which apply to the 2
above-captioned Development. c
I certify to the Florida Housing Finance Corporation that the Development design and plans and
specifications comply with these requirements. Specifically,there are Section 504 Units
provided for in the above-captioned Development and are designed to be located as follows E
(please provide Unit#ii known):
Floor Unit Number of Number of >
Building Number Number Number Bedrooms Bathrooms
a)
CL
0
Signature Date
Name (Print)
Name of Firm cu
m
0
FHFC Form 126 Revision Date 10/15/14
Packet Pg. 1815
D.3.i
Florida Housing Finance Corporation
CONSTRUCTION CONSULTANT'S FAIR HOUSING, SECTION 504 AND ADA
CONSTRUCTION COMPLETION CERTIFICATION
0
Development Name
Location of Development(County) 0
r_
I certify that I am the Construction Consultant for the above- c
captioned Development, and further certify that I am personally knowledgeable concerning all 0
Federal, State and Local requirements with respect to The Fair Housing Act as implemented by
24 CFR 100, Section 504 of the Rehabilitation Act of 1973 and Titles II and III of the Americans
with Disabilities Act of 1990 as implemented by 28 CFR 35, as well as the current edition of the
Florida Accessibility Code, incorporating the most recent amendments and other legislation,
regulations, rules and other related requirements in effect at the time the Development was 2
permitted which apply to the above-captioned Development. c
I certify to the Florida Housing Finance Corporation that I have observed the completed
Development and I have used professionally reasonable efforts to assure that the facility has been
constructed in conformance to and that the facility conforms to and complies with, the foregoing E
requirements in effect at the time the Development was permitted. Specifically, there are
Section 504 Units provided for in the above-captioned Development and are located as
follows (please provide Unit#if known):
Floor Unit Number of Number of
Building Number Number Number Bedrooms Bathrooms W
Z
a)
CL
0
Signature Date
Name (Print)
m
Name of Firm
0
FHFC Form 129 Revision Date 10/15/14
Packet Pg. 1816
D.3.i
Florida Housing Finance Corporation
CONSTRUCTION CONSULTANT'S FAIR HOUSING, SECTION 504
AND ADA DESIGN CERTIFICATION
0
Development Name
Location of Development(County) 0
r_
I certify that I am the Construction Consultant for the above- c
captioned Development, and further certify that I am personally knowledgeable concerning all 0
Federal, State and Local requirements with respect to The Fair Housing Act as implemented by
24 CFR 100, Section 504 of the Rehabilitation Act of 1973 and Titles II and III of the Americans
with Disabilities Act of 1990 as implemented by 28 CFR 35, as well as the current edition of the
Florida Accessibility Code, incorporating the most recent amendments and other legislation,
regulations, rules and other related requirements in effect at the time the Development was 2
permitted which apply to the above-captioned Development. c
I certify to the Florida Housing Finance Corporation that the Development design and plans and
specifications comply with these requirements and I will use professionally reasonable efforts to
assure that the facility will be constructed in accordance with the plans, specifications, and any E
addenda reviewed and accepted by me on behalf of Florida Housing Finance Corporation, or its
Agent(s). Specifically, there are Section 504 Units provided for in the above-captioned
Development and are designed to be located as follows (please provide Unit#ifknown):
Floor Unit Number of Number of
Building Number Number Number Bedrooms Bathrooms W
Z
a)
CL
0
Signature Date
Name (Print)
m
Name of Firm
0
FHFC Form 128 Revision Date 10/15/14
Packet Pg. 1817
D.3.i
Seltzer Management Group, Inc.
General Contractor Certification of Requirements
CD
Name of Development:
Development Location: o
Name of General Contractor:
Name of Qualifying Agent of General Contractor, if applicable:
CJ
Address of General Contractor:
0
Florida GC License Number: Expiration of License:
0
The undersigned certifies that the following conditions will be met:
0
1. Employ a Development superintendent and charge the costs of such employment to the general W
requirements line item of the General Contractor's budget;
2. Charge the costs of the Development construction trailer, if needed, and other overhead to the general
requirements line item of the General Contractor's budget inclusive of the general requirement items related
to construction costs identified in the final cost certification documents;
2
3. Secure building permits, issued in the name of the General Contractor; �`
4. Secure a payment and performance bond whose terms do not adversely affect the Corporation's interest,
issued in the name of the General Contractor, from a company rated at least "A-" by AMBest & Co., or a
Corporation-approved alternate such as a letter of credit issued by a financial institution with a senior m
long term (or equivalent) credit rating of at least"BaaY by Moody's, or at least"BBB" by Standard & Poor's
or Fitch, or a financial rating of at least 175 by IDC Financial Publishing;
5. Ensure that none of the General Contractor duties to manage and control the construction of the
Development are subcontracted;
6. Ensure that no construction or inspection work that is normally performed by subcontractors is performed by
the General Contractor;
7. Ensure that not more than 20 percent of the construction cost is subcontracted to any one entity or any >
0
group of entities that have common ownership or are Affiliates of any other subcontractor, with the exception 0.
of a subcontractor (or any group of entities that have common ownership or are Affiliates of any other 0.
subcontractor) contracted to deliver the building shell of a building of at least five (5) stories which may not
have more than 31 percent of the construction cost in a subcontract, unless otherwise approved by the
Corporation for a specific Development. With regard to said approval, the Corporation shall consider the
facts and circumstances of each Applicant's request, inclusive of construction costs and the General _
Contractor's fees. For purposes of this paragraph, "Affiliate" has the meaning given it in subsection m
67.48.002(5), F.A.C., except that the term"applicant"therein shall mean"subcontractor"; and,
8. Ensure that no construction cost is subcontracted to any entity that has common ownership or is an Affiliate U
of the General Contractor or the Developer. For purposes of this paragraph, "Affiliate" has the meaning CL
given it in subsection 67-48.002(5), F.A.C., except that the term "Applicant" therein shall mean "General
Contractor."
0
"Affiliate" means any person that:
(a) Directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common
control with the Applicant or Developer;
(b) Serves as an officer or director of the Applicant or Developer or of any Affiliate of the Applicant or
Developer;
(c) Directly or indirectly receives or will receive a financial benefit from a Development except as further
described in Rule 67-48.0075, F.A.C., or
(d) Is the spouse, parent, child, sibling, or relative by marriage of a person described in paragraph (a), (b) or
(c), above. o
CJ
The information provided above is true and correct.
U
Signature of General Contractor or Qualifying Agent Print or Type Name of Signatory
Packet Pg. 1818
D.3.i
INDIVIDUAL'S AUTHORIZATION
TO RELEASE INFORMATION
0
0
Gentlemen:
2
C
0
I have made an application to the Florida Housing Finance Corporation (FHFC) to obtain 0
a loan or an allocation of low income housing tax credits. As part of this process, I have
named you as a reference and ask that you release any and all information concerning my
account to the underwriter hired by FHFC, Seltzer Management Group, Inc., upon their -�
request. Such information includes, but is not limited to, employment history and income;
bank, money market and similar account balances; credit history; and copies of income 0
tax returns. c
Furthermore, from time to time Seltzer Management Group, Inc. or its assigns may elect
to perform revivifications as part of a quality control review audit. These audits may be
performed internally or by an independent third party quality control review agent. E
Photo static copies of this letter may be made to facilitate multiple inquiries. In the event
you receive such a copy, it should be treated as an original and the requested information
released. 2
Thank you for your cooperation in this matter.
a)
Applicants Signature Date
CL
Applicants Name(printed) Date of Birth *Required E
0
Home Street Address Social Security No.
Company Street Address
City,State,Zip Code 0
CJ
Phone No.
Packet Pg. 1819
D.3.j
THIRD AMENDMENT TO GROUND LEASE
c
THIS Third Amendment to Ground Lease made and entered into on this day
of 12021 by and between the BOARD OF COUNTY COMMISSIONERS OF c
MONROE COUNTY, FLORIDA (referred to as the "Lessor" or "Owner", or
"County"or"Monroe County"),a political subdivision of the State of Florida organized
and existing under the laws of the State of Florida, and THE MONROE COUNTY N
HOUSING AUTHORITY (referred to as the "Lessee" or "Initial Lessee", or
"Contractor" or "Occupant"), a public body, corporate and politic, created and
organized pursuant to and in accordance with the provisions of Housing Authorities Law,
codified pursuant to Chapter 421, Florida Statutes.
RECITALS
C
0
WHEREAS, Lessor is the owner in fee simple of that certain property located at
what is now known as 31 S. Conch Avenue, Conch Key (bearing Property Identification
Number 00385780-00040o), and is the owner in fee simple of that certain property
located at what is now known as 31535 Avenue C, Big Pine Key (bearing Property
Identification Number 00302670-00000o), and is the owner in fee simple of that certain
property located at 2 N. Conch Avenue, Conch Key (bearing Property Identification
Number 0038578o-000000), Monroe County, Florida; and
0
WHEREAS, Lessor and Lessee entered into that certain Ground Lease regarding
the above-referenced property(hereinafter the"subject property") on July 17th,2o1g;and E
WHEREAS, Lessor and Lessee entered into that certain First Amendment to E
Ground Lease relating to the subject property on October 16th, 2019; and
WHEREAS, Lessor and Lessee entered into that certain Second Amendment to
Ground Lease relating to the subject property on November loth, 2019; and
2
WHEREAS, Lessor and Lessee desire to amend the operative Ground Lease, as
amended,in order to provide that Lessor will provide funding of the costs of construction
and design drawings, plans, and specifications (hereinafter"plans") for the development U
project(s) associated with the subject property; and
WHEREAS, Lessee has estimated, and estimates, that it shall cost between
$125,000 and $150,000 to obtain a complete set of such plans; and
WHEREAS, Lessor and Lessee desire to amend the operative Ground Lease, as
amended, in order to provide that the Lessee shall reimburse the Lessor, in full, within
thirty (3o) days of the Lessor's issuance of a Notice to Reimburse letter furnished to
Lessee, unless Lessor, expressly in said Notice, provides for a different date certain by
which Lessee shall be required to reimburse Lessor for the monies expended by Lessor to
fund payment for such plans;
Page 1 of 4
Packet Pg. 1820
D.3.j
NOW THEREFORE, in consideration of the mutual covenants and obligations
contained herein, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
i. The above and foregoing recitals are true and correct and are hereby c
incorporated as if fully stated herein.
2. The parties'operative Ground Lease, as amended, is hereby incorporated as if
fully stated herein. c
3. Article VI of the operative Ground Lease, as amended, is hereby amended to add
the following fourth paragraph to Section 6.01 of said Article:
The Lessor, utilizing monies within its One Cent Infrastructure Sales Tax_(Fund 2
3 agrees to provide a not-to-exceed amount of up to S15o,000.00 in funding for c
affordable and/or affordable-employee housing ro'ect development plans associated
with the subject nroper . Authorized funding to be provided by Lessor is strictly limited
to said Oans associated with the subject pro er s affordable and or affordable-
employee housing project. If such funds cannot be obtained or cannot be provided at a
level sufficient to allow for such fundWnZ.to be furnished to allow for payment for such
Tans this amendment may be terminated immediately at the_o ption of the Lessor h
written notice of termination delivered to the Lessee.The Lessor shall not be obligated to c
pay for any services or goods after such notice of termination has been provided. The
funding provided by this lease amendment is contingent upon an annual appropriation
�
by Lessor.Monroe County Board of County Commissioners.The Lessee Agrees that it shall
reimburse the Lessor in full within thirty(3_0) days of the Lessor's issuance of a notice to
reimburse provided to the Lessee. The date certain by which Lessee shall be obligated to
remit such payment in full back over to the Lessor ma ,be extended, in the Lessor's sole
discretion if ex resslv reduced to writing in said notice to reimburse letter or a follow-u
letter thereto.
2
4. Article XIV of the operative Ground Lease, as amended, is hereby amended to
add the following underlined language to Section 14.o1(b) of said Article: .�
During the course of procurement and development of construction and design
drawings ,plans and specifications ("plans") for the subject project and during the ,
course of construction of the subject project, Lessee shall provide to the Lessor written
status reports on said project upon request by the Lessor. The Lessee shall comfy with
all ublic,records and records retention requirements mandated by Section 24. Article I W
of the Florida Constitution,_and Chanter 11 , Florida Statutes, and shall maintain and
keep all books documents, and records directly pertinent to performance under the
operative ground lease,as amended as are necessary to document the performance of the
o erative round lease as amended and expenses as incurred and in accordance with
generally accented accounting principles consistently applied.The Lessor and Lessee,and
the Lessee's agents and contractors, shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters, or other materials in their possession or
under their control where such records are subject to public disclosure under the
2 of 4
Packet Pg. 1821
D.3.j
provisions of Chapter 119, Florida Statutes, or successor or supplemental statutes.
Lessee(s) (but not individual sub-lessees) shall maintain all records directly pertinent to
performance under this lease in accordance with Chapter 119,F.S.,and in accordance with
generally accepted accounting principles consistently applied. The County Clerk, State
Auditor, or a designee of said officials.
5. All other terms, covenants, conditions, and provisions of the operative Ground
Lease, as amended, except those expressly modified and rendered inconsistent by
this Amendment, remain in full force and effect and remain binding upon the c
parties.
6. This lease amendment may be executed in any number of counterparts, each of
which shall be regarded as an original, all of which taken together shall constitute
one and the same instrument and any of the parties hereto may execute this lease
by signing any such counterpart. c
IN WITNESS WHEREOF, the Lessor and the Lessee have hereunto set their
hands and seals, as of the day and year above written.
FOR LESSOR BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
2
By: _
Mayor
Date:
(SEAL)
ATTEST: KEVIN MADOK, CLERK
By:
As Deputy Clerk
Monroe County Attorney
Approved as to Form:
MONROE COUNTY ATTORNEY
A VED tt TO FORM
By: Owe.
FOR LESSEE:
Monroe?Coun oL �� g AuthorityBy: E
Randy Sterlin , 1 xecutive Director
WITNESSES:
'.
Witness No. 1 (Print Name)
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Packet Pg. 1822
D.3.j
Witness Novi (Signature)
I . 0
U �4a'3 1
Witness No. 2 (Print Name)
Witness No. 2 (Signature)
STATE OF 1
0
COUNTY OF C d
2
C
The foregoing instrument,Third Amendment to Ground Lease between the Board c
of County Commissioners of Monroe County, Florida, and the Monroe County Housing
Authority, was acknowledged and attested before me this _ day of 0)
2021, by Randy Sterling, in his official capacity, who is personally
known to me or produced n
�.. SSA SELLERS
and did take an oath.
MY COMMISSION#HH 086529
EXPIRES:January 31,2026
•'sos Fl?.` Banded 7bru;;;;Public Unrenniters
-
Notary Public (Print Name and Notary No.) Notary Public Seal
Notary Public (Signature)
2
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Packet Pg. 1823